( >rKaiiizati<iu of Di'iiartnifUt of CoinniLTcL' ami Labor 
 
 EXECUTIVE OFFICES OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
U-Si 
 
 ORUANIZATION 
 
 AND 
 
 LAW O^^S 
 
 OF THE SL / . Y»» •< 
 
 ICE AND UBOll 
 
 rREPARED 
 
 UNDER THE DIRECTION OV THE SECRETARY 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICE 
 

 Department of Commence and Lahok 
 Document Nq. 13 
 
 OFFICE OF THE SECRETARY 
 
LETTER OF TRANSMITTAL 
 
 DErARTMENT OF COMMERCE AND LaBOR, 
 
 Waxhington, D. C, NovenJ>er 17, 1903. 
 
 Sir: In tran,siuittiii_i>- to 3-011 for publication the Organization and 
 Law of tho Department of Commerce and Labor, prepared under your 
 direction, it may ])e stated that chapter 1, Origin of the Department 
 of Connnerce and Labor, comprises facts gathered, in the main, 
 directly from an examination of the annals of the Congresses, from 
 the tirstone under the Constitution down to the present time — the only 
 source whence much of the histor}- here given could be drawn. The 
 history and functions of the older offices of the Department, some of 
 which date from the first year of the Government, are given in con- 
 densed form. The histor}^ of the enactment of the organic law of the 
 Department, chapter 16, gives fully the proceedings of Congress from 
 the introduction of the bill until its approval by the President, and has 
 been edited only to the extent of eliminating repetitions and irrelevant 
 matter. It is interesting to note the contents of the bill at different 
 stages of its passage, as given on pages -119, 544, 625, 638, and tinally 
 on page 25. 
 
 All the law", the administration of which is vested in the Secretary 
 of Commerce and Labor, given in this volume, is made up of w^hat 
 has been in the inmiediate past a rule of action for three of the older 
 Executive Departments — Department of State, Department of the 
 Treasury, and Department of the Interior — and two independent 
 offices — the Fish Commission and the Department of Labor, now 
 known respectively as the Bureau of Fisheries and the Bureau of 
 Labor — taken in conjunction with the acts of February 14 and March 
 3, 1903. The acts last mentioned effected the transfer to the new 
 Department of these established governmental agencies on ZvXy 1, 1903, 
 and provided for the organization of the Bureau of Corporations and 
 the Bureau of Manufactures. 
 
 The provisions of law relating to the various ])ranches of the Depart- 
 ment have been sul)mitted to the several officers in charge for veritica- 
 tion, and the entire work has been carefully reviewed by Hon. Herbert 
 Knox Smith, Deputy Commissioner of Corporations, while acting as 
 Solicitor of the Department, and by Mr. Frank H. Hitchcock, chief 
 clerk of the Department. 
 
 Respectfully, Clair Richards Hillyer, 
 
 Law Clerk. 
 
 Hon. Geo. B. (yOiiTELYOu, 
 
 Secretary of Connnerce and Lahor. 
 
 3 
 
CONTENTS 
 
 Page. 
 
 T. Oriojin (>f tho Department of Comniorce ami l>al><)r 7 
 
 r>il)li(i.<j:rai)liy of lei^islativo jiroceodinj^'s l.H 
 
 II. (>r<iaiuzatiou of tlie Department of Conunerce and Labor: 
 
 Orujanization 22 
 
 Or<janic law 25 
 
 III. Fur-Seal and Salmon Fi^lieries of Alaska: 
 
 History <55 
 
 Law '^^ 
 
 ' IV. Bureau of Corporations, la w < if 49 
 
 V. l'>nreau of ^Manufactures, law of 59 
 
 VI. Bureau of Labor: 
 
 History <>0 
 
 Law - t^l 
 
 VII. Litjlit-House Board: 
 
 History 65 
 
 Law -■ 66 
 
 VIII. Bureau of the Census: 
 
 Historv 78 
 
 Law .\ 81 
 
 IX. Coast and Geodetic Survey: 
 
 Historv ^7 
 
 Law .' 99 
 
 X. Bureau of Statistics (includinii oM Bureau of Foreign Connuerce): 
 
 Historv 103 
 
 Law.l 106 
 
 XI. Steamboat-Inspection Service: 
 
 Historv 11-1 
 
 Law.; 115 
 
 XII. Bureau of Fisheries: 
 
 History ' 149 
 
 Law 151 
 
 XIII. Bureau of Navigation: 
 
 History 154 
 
 Law — 
 
 Parti 156 
 
 Part 2 246 
 
 XIV. Bureau of Immigration: 
 
 Historv 381 
 
 Law "^- 
 
 XV. Bureau of Standards: 
 
 Historv 413 
 
 Law.: 416 
 
 XVL Legislative history of Senate bill 569, establishing Department of Com- 
 merce and Labor: 
 
 Part ] . Proceedings in the Senate 419 
 
 Part 2. Proceedings in the House of Representatives 5:>1 
 
 Part 3. Adoption of conference report 637 
 
 Indexes 659, 709, 713 
 
 5 
 
ILLUSTRATIONS 
 
 Facing page 
 
 Executive offices of the Department of Commerce and Lalior 1 
 
 Temporary office of the Secretary, White House, February 18 to March 15, 1903. 7 
 
 Temporary offices, Builders' Exchange Building, March 16 to June 16, 1903.. 12 
 
 Temporary office of the Secretary, Builders' Exchange Building 22 
 
 Temporary office of the Chief Clerk, Builders' Exchange Building 24 
 
 Temporary office of the Disbursing Clerk, Builders' Elxchange Building 32 
 
 Temporary quarters of the Bureau of Corporations, Builders' Exchange 
 
 Building 49 
 
 Building occupied l)y the Bureau of Lal)or 60 
 
 Building occupied by the Light-House Board, the Bureau of Navigation, and 
 
 the Steamboat Inspection Service 65 
 
 Bureau of the Census 78 
 
 Coast and Geodetic Survey 97 
 
 Building occupied by the Bureau of Statistics _ 103 
 
 Bureau of Fisheries 149 
 
 Bureau of Standards 413 
 
 6 
 
CHAPTER T 
 
 ORIGIN OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
 The preamble to the Constitution laj'S down broadly two great aims 
 of o-ovornmont — (1) the defense of the life, liberty, and property of the 
 citizen, and (2) the promotion of his general welfare. 
 
 In the year following- the adoption of the Constitution, three of the 
 executive branches of (iovernment, with Secretaries, were established: 
 First, the Department of Foreign Aftairs, b}- act approved July 27, 
 1789 (name changed to Department of State by act approved Septem- 
 ber 15, of thet^ameyear); second, the War Department, created by the 
 act of August 7, 1789 (then embracing naval affairs); and third, the 
 Treasury Department, established b}^ act of September 2, 1789. From 
 its beginning the Treasury Department has been the principal agenc}^ 
 of government through which a limited supervision of the commercial 
 and industrial life of the nation has been administered, and the desig- 
 nation sought to be given its chief officer in the constitutional conven- 
 vention was that of "Secretar}^ of Commerce and Finance.''" 
 
 The record of events, from the close of the Revolution to the consti- 
 tutional convention at Philadelphia in 1787, shows that the desire to 
 foster the commerce and trade of the States was the paramount and 
 controlling argument which made the Union possible. 
 
 The constitutional convention of the thirteen States was the direct 
 outcome of the Annapolis convention of ffve States, and this conven- 
 tion, in turn, was born of the Mount Vernon convention of delegates 
 from the States of Virginia and Maryland, assembled to adjust and 
 promote conunerce and trade between these two States. The commis- 
 sioners from Virginia and Maryland met at Alexandria, in the former 
 State, in the spring of 1785, but General Washington extended to 
 them the hospitality of his home, which the}' accepted, and the dele- 
 gates — all prominent men of their day, and friends of Washington — 
 conducted their deli])erations at Mount Vernon, aided, no doubt, by 
 the counsel of their host, whose interest in and knowledge of the 
 subject under discussion had long been manifest, and^vho, two 3'ears 
 later, presided at the constitutional convention at Philadelphia. The 
 sole subject of this meeting at the home of Washington was the com- 
 merce and trade between the two States; but in reality, these men 
 
 "Documentary Historv of the Constitution. 
 
8 OEiGIN. OF Tp[E ."DEPABtTMENT OF COMMEECE AND LABOB 
 
 were enacting the prologue to what was to be in fact an indissokible 
 Union. 
 
 The Mount Vernon convention recommended that representatives 
 be appointed aniuiall}" to confer on the connnercial and trade relations 
 of the States. In considering this report, Mar3dand passed a resolu- 
 tion inviting Pennsylvania and Delaware to join in these annual con- 
 ventions; while in the Virginia assembl}" Madison penned a resolution 
 appointing commissioners to meet such as should be delegated by 
 the other St'dtes "to take into consideration the trade of the United 
 States," and "to consider how far a uniform sj^stem in their com- 
 mercial regulations may be necessary to their common interest and 
 permanent harmony."" 
 
 The immediate result of the conference on trade and commerce held 
 at Mount Vernon was that in the following year, 1786, commissioners 
 from five of the thirteen States assembled by appointment at Annap- 
 olis, "to take into consideration the trade and commerce of the 
 United States." In this convention, Hamilton drew up an address, 
 which Madison and Randolph signed with him, recommending a gen- 
 eral meeting of the States in a future convention, and an extension of 
 the powers of their delegates to other objects than those of commerce, 
 as in the course of their reflections on the subject, they had been 
 "induced to think that the power to regulate Trade is of such com- 
 prehensive extent and will enter so far into the General System of the 
 Foederal Government, that to give it efficac3% and to obviate questions 
 and doubts concerning its precise nature and limits, may require,, ^-j. 
 correspondent adjustment of other Parts of the Foederal System. "*J^ 
 
 In the constitutional convention, August 20, 1787, Mr. Gouverneur 
 Morris, seconded by Mr. Pinckney, submitted a proposal that there 
 should be a council of state to "assist the President in conducting the 
 public affairs," the third member of this council to be a "Secretary of 
 Commerce and Finance," whose duties were in part to "recommend 
 such things as may in his judgment promote the commercial interests 
 of the United States." This plan also provided for a Secretary of 
 Domestic Affairs to have supervision of agriculture, manufactures, 
 roads, and navigation.'^ The Constitution, as adopted, makes no pro- 
 vision for a cabinet or council of state, but President Washington 
 immediatel}^ invited the Secretaries of the three Departments first 
 mentioned, and the Attorney-General, appointed under the act of Sep- 
 tember 21:, 1789, to become members of his oihcial family. The Depart- 
 ment of Justice was established by the act approved June 22, 1870. 
 
 During the period between the close of the Federal convention and 
 the ratification of the Constitution, Alexander Hamilton, writing on 
 the subject of commerce, says: 
 
 "The importance of the Union, in a commercial light, is one of 
 
 « Pennsylvania Magazine of History and Biography. 
 b Documentary History of the Constitution. 
 
ORIGIN OF THE DEPARTMENT OF COMMERCE AND LAHOR \) 
 
 those points !il)out which thore is least room to cntcrtiiin u clillcrcncc 
 of opinion, and which has, in fact, connnandcd the most "cncral assent 
 of nuMi who have any ac(iuaintanee with the subject. Tiiis applies as 
 well to our intercourse with foreig'ii countries as with each other."" 
 
 In 1788, the same year in which the above was written by Hamilton, 
 Commodore John Paul Jones, in a letter to the Marquise de Lafayette 
 concerning the Constitution, stated: 
 
 •■'Had I the power I would create at least seven ministries in the 
 primary org-anization of government under the Constitution. In 
 addition to the four alread}^ agreed upon, 1 would ordain a Ministrj^ 
 of Marine, a Ministry of Home Attairs, and a General Post Office; and, 
 as commerce nuist be our great reliance, it would not l)e amiss to create 
 also as the eighth a Ministry of Connnerce.''^' The remarkable fore- 
 sight of the great commodore enabled him to name the Cabinet as it 
 is to-day, practically in the order in which it gi'ew, agriculture l)eing 
 included b}- him in the Interior (Home) Department where it actually 
 was for a time. 
 
 "When the Constitution had been ratified by eleven States, and the 
 Congress, under its authority to ''regulate commerce with foreign 
 nations and among the several States," proceeded solemnly to treat the 
 commerce and manufactures of the two remaining States in the same 
 manner as those of any foreign countr}', it was from a sense of their 
 commercial interests that they hastened to enroll themselves with their 
 sister Commonwealths, altliough one of these two States had not even 
 
 rticipated in the convention. 
 
 ""hus, not only were the commercial and industrial interests of the 
 States an important and controlling inHuence in ])ringing them into 
 the Federal convention, but a realization of the commercial advantages 
 of the Union induced the States to ratify the Constitution. 
 
 We find in the first annual address to the Congress of an American 
 President, General Washington, the following words: '-The advance- 
 ment of agriculture, commerce, and manufactures b}^ all proper means 
 will not, I trust, need recommendation." The first Secretar}^ of the 
 Treasur}', Alexander Hamilton, gave special consideration to the 
 commerce and industries of the country, and his special reports on 
 these subjects, in which he reconunended that a board be established 
 for promoting arts, agriculture, manufactures, and commerce, demon- 
 strate that he considered this function of the Treasur}^ Department 
 one of primary importance. 
 
 Hastened b}- impending war with France, the act of April 30, 1798, 
 was passed, establishing the Navy Department, and its Secretary 
 became the fifth member of the Cabinet. In 182!* the Postmaster- 
 General entered the Cabinet for the first time, on the invitation of 
 President Jackson, though this office had l)een in existence since the 
 
 « Federalist. f> Original manuscript in archives of Congressional Library. 
 
10 ORKUlSr OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
 act of September i}2, 1789. The Cxeiicral Fost-Office was constituted 
 the Post-Office Department by the act approved June 8, 18T2. 
 
 The discussions in the earl}" Cono-resses looking toward the estab- 
 lishment of another Executive Department centered around what was 
 termed a "•Home Department," and the then important work of o-ov- 
 ernment in connection with land and Indian affairs formed the nucleus 
 from which was established, in 1819, under the act of March 3 of that 
 year, the Department of the Interior, whose Secretary liecame the 
 seventh Cabinet member. As the business interests of the country 
 entered largely into the provisions of the various measures antici- 
 pating- the Interior Department, it may he well to notice some of 
 these reports: In a bill to estal)lish a Home Department, introduced 
 b}^ Representative Vining, of Delawal'e, in the First Congress, July 
 23, 1789, the duties of the proposed Department were, in part, "to 
 report to the Fresident plans for the protection and improvement 
 of manufactures, agriculture, and commerce.'' The outcome of this 
 movement was the change in name of Department of Foreign Affairs 
 to Department of State, above noted, and the giving of duties to the 
 State Department not comportable with the original name. 
 
 Fresident Madison's message of December 3, 1816, recommended 
 the establishment of "an additional Department in the executive 
 branch of the Government ;" and the Senate committee to which this 
 recommendation was referred reported a bill to establish a Home 
 Department to have charge of such subjects as the Fresident might 
 direct. In 1825, the subject was again revived and Representative 
 Newton offered a resolution that a Department to be denominated "The 
 Home Department should be estaljlished for the purpose of superin- 
 tending whatever may relate to the interests of agriculture and manu- 
 factures, the promotion of the progress of science and the arts, the 
 intercourse and trade between the several States by roads and canals." 
 This resolution was not agreed to. 
 
 In his message of Decem))er 6, 1825, Fresident John Quinc}^ Adams 
 recommended a reorganization of the Executive Departments, and the 
 committee of the House of Representatives to which this matter was 
 referred, by its chairman, Daniel Webster, reported a bill to establish 
 a new Department. The report stated that "at the organization of 
 the Government, it appears to have been the original design in regard 
 to the Executive Departments, that there should be a distinct and 
 separate Department for such internal or domestic affairs as appertain 
 to the General Government." 
 
 On December 15, 1836, the resolution of Mr. Benton, of Missouri, 
 that "the annual statement of the commerce and navigation of the 
 United States be hereafter printed under the direction of the Secretary 
 of the Treasury, and be comnuuiicatcd in printed form as soon as pos- 
 sible after the conmiencing of each stated session of Congress," was 
 adopted bj^ the Senatb. 
 
OKIGIN OF THE DEPARTMENT OF COMMERCE AND LABOR 11 
 
 Notwitlistaiuliiin' the discussions leading- up to tlic cstablisliinciit of 
 tlio Popart nuMit of tiio Interior, vory few ot" tlu^ conuuoi-cial and 
 industrial a<;eni'ios of Cirovcrnniont were put under the control of that 
 Department, mo.st of them remaining- under the jurisdiction of the 
 Secretary of the '["'nnisury. 
 
 The movement for the creation of an additional Executive Depart- 
 ment, followiuo' the establishment of the Interior Department, took 
 many and varied ])hases. The nanu^s proposcnl in tiie different ])ills 
 to establish a new Department indicate tludr provisions. These names 
 included the foUowino- titles, g-rouped together in various wa3^s: Agri- 
 culture, Commerce, Labor, Industries, ^Manufactures, Patents, Min- 
 ing", Navigation, Transportation, and Mechanics. (See end of chapter 
 for proposed legislation.) 
 
 The first industries of the country to be accorded an Executive 
 Department by the Congress vs^ere those of agriculture, when the De- 
 partment of Agriculture, established by act of May 15, 1862, was con- 
 stituted an Executive Department, with a Secretary of Agriculture 
 (eighth member of the Cabinet), by the act of Februarv 0, 1889. The 
 labor interests received recognition in the establishment of the Bureau 
 of Labor under the act of Congress approved June 27, 1884; this 
 Bureau was constituted the Department of Labor and the Commissioner 
 of Labor was continued in charge, by act of Congress approved June 
 13, 1888. The commercial and manufacturing interests of the coun- 
 try, as far as Governmental supervision and cooperation were con- 
 cerned, were left to offices distributed among the several Departments. 
 The business of Government increased in volume as the country grew 
 in age, and during the last half of the nineteenth century the work of 
 the fiscal branch of the Treasury so a])sorbed the attention of the head 
 of that Department that his supervision of commercial matters had 
 lost the importance it had ^enjoj^ed under the first Secretar}' of the 
 Treasury. 
 
 Connnercial conventions at Detroit in 18(35, and at Boston in 1868, 
 and the National Board of Trade in 1871, memorialized the Congress 
 for the establishment of a Department of Commerce, in order that the 
 rapidly increasing volume of capital invested in commerce and manu- 
 factures might be the sul)ject of Govermnental aid and supervision; 
 many similar petitions have been presented to the Congress, and the 
 subject has been referred to in the more recent political platforms and 
 annual messages of the President. These petitions, and the repre- 
 sentatives of connnercial organizations before the committees of Con- 
 gress, stated that the United States was a distinctly commercial and 
 industrial nation; that the Twelfth ('ensus showed the aggregate value 
 of the products of the manufacturing establishments of the United 
 States, during the census year ending June 1, 1900, to exceed thirteen 
 billion dollars, which is prol)al>ly nearl\' four times the aggregate value 
 of all the products of agriculture during the same year; that the same 
 
12 OEIGIN OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
 arguments advanced for the creation of the Department of Agricul- 
 ture were applical)le to one for the commercial and industrial life of 
 the countr}^; that the manufacturing interests in the United States 
 exceeded in volume and importance the industrial interests of any 
 nation in the world, and yet there was no Govermuent office speciall}^ 
 charged with any duties relating directly to them, and that in this 
 respect the United States was almost alone among the nations of the 
 world; that agriculture, labor, transportation, mining, fisheries, and 
 forestr}" all had distinct recognition in one form or another, but not 
 so with the manufacturing interests. 
 
 The country's need for a Department of Commerce and Labor, which 
 had become national in scope in 1874:, was forced to give way tempo- 
 rarily in order that all the energj' of the connnerce committees of Con- 
 gress might be centered upon the eradication of the transportation evil 
 of rebates. This resulted in the establishment of the Interstate Com 
 merce Commission in 1887. 
 
 The movement for the establishment of the new department gathered 
 headway until, during the tirst session of the Fift3^-seventh Congress, 
 Senate bill No. 569 was introduced to establish a Department of Com- 
 merce [and Labor]. This measure, after earnest discussion, passed the 
 Senate with little or no opposition, and passed the House earl}- in the 
 second session. It was approved by the President Februar}^ 14, 1903. 
 (The legislative history of this bill is given in Chapter XVI.) 
 
 The Secretary of Commerce and Labor became the ninth member 
 of the President's Cabinet. 
 
 It ma}' appear strange that one himdred and fourteen years elapsed 
 before the Department became a reality, when its need was felt and 
 its value recognized at the. very beginning. The answer is read}'. 
 Conservative action on the important subject of increasing the num- 
 ber of executive departments has been the rule of the Congress. The 
 name "" Department of Foreign Affairs" was changed to "Department 
 of State" in order that the held of that department might be enlarged 
 and the creation of a home department avoided; the naval affairs were 
 consolidated with those of the Army to make unnecessarj^ a separate 
 Department of the Navy. In this grouping in one department of 
 matters that would logically form two, it was l)ut natural that com- 
 merce and finance should at first abide together. The tendency of the 
 national legislature to follow and not lead in enlarging the executive 
 side of govenuiient compelled the Department of Commerce and 
 Labor to wait, as each of the older departments in its turn had 
 waited, until the demand for the legislation became paramount and 
 unanimous, and until the field of its activitv was already so large and 
 the urgent appeal so loud that none but an affirmative answer could 
 be given. 
 
(irLrniiiziitiiin m' I)i)i!irtiiuMit of Cmhhihtci' unci Liilmr 
 
 TEMPORARY OFFICES, BUlLDLRb' EXCHANGE BUILDING, MARCH 16 TO JUNE 16, 1903 
 
ORIGIN OK THE DEPARTMENT OF COMMERCE AND LABOR 18 
 
 BIBLIOGRAPHY OF LEGISLATIVE PROCEEDINGS ANTICIPATING THE DEPART- 
 MENT OF COMMERCE AND LABOR 
 
 February 8, 18t>4, Thirty-oiohth Con<^-rcss, tirst session. Mr. Orth 
 introduced a bill to create and or^^anize a Department of the 
 Government to be called the Department of Industry-. Referred 
 to Conunittee on Judiciary. 
 
 March 2t), 180(5, House of Representatives. Mr. GrinncU introduced 
 a bill to establish a Manufacturing and Statistical Division of 
 the Treasury Department. Referred to Committee on Manu- 
 factures. 
 
 March 26, 1807, House of Representatives. Mr. Baker offered a reso- 
 lution instructing- vSelect Conmiittee on Rules to inquire into 
 the expediency of constituting^ u standing* Committee on Labor. 
 Adopted. 
 
 May 25, 1868. Mr. Pile introduced a joint resolution (H. J. Res. 27-1) 
 authorizing the appointment of a Commercial Commissioner. 
 Referred to Committee on Commerce. 
 
 March 31, 1870. Mr. Logan introduced a resolution requesting the 
 deliver}' of an address on the principles and objects of the 
 National Labor Union, by some member of their association, in 
 the l.all of the House of Representatives. The restriction of the 
 importation of labor was debated in Congress as early as 1871. 
 
 April 10, 1871, Fortj'-second Congress, first session. Mr. Hoar intro- 
 duced a bill (H. R. 374) to provide for the appointment of a 
 commission on the subject of wages and hours of labor and the 
 division of profits between labor and capital in the United States. 
 Reported from Committee on Education and Labor December 
 18, 1871. Passed December 21, 1871. 
 
 December 5, 1871, Mr. Killiuger introduced a resolution in the House 
 to in([uire into the expediency of establishing a Labor Bureau 
 in connection with the Department of Agriculture. Referred 
 to Conmiittee on Education and Labor. 
 
 December 11, 1871, Forty-second Congress, second session. Mr. 
 Shanks introduced a bill (H. R. 550) to establish a Bureau of 
 Labor, with a (Commissioner of Labor. 
 
 JanuarN' 6, 1871, Forty-third Congress, first session. Mr. Shanks 
 introduced a ))ill (H. R. 1458) establishing a Bureau of Labor. 
 Referred to Conunittee on Education and La))or. 
 
 January 12, 1874, Forty-third Congress, tirst session. Mr. Woodworth 
 introduced a bill (H. R. 1094) to establish a Bureau of Transpor- 
 tation to regulate the management of interstate commerce. 
 Referred to Conunittee on Railways and Canals. 
 
 January 19, 1874, Forty-third Congress, first session. Mr. Biery 
 introduced a bill (H. R. 1246) to esta])lish a Department of 
 Maiuifactures and Mining. Referred to Committee on Manu- 
 factures. 
 
14 OEIGIN OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
 May 15, 1871, Forty-third Congress, tirst session. Mr. Windom intro- 
 duced a bill (S. 820) to establish a Bureau of Internal Commerce. 
 Referred to Select Committee on Transportation Routes to the 
 Seaboard. June 1, 1871, reported with amendments. 
 
 December 11, 1871, Forty-third Congress, second session. Mr. Stan- 
 ard introduced a bill (H. R. 3992) to establish a Department 
 of Commerce, which, with accompanj^ing- memorial from the 
 National Board of Trade, was referred to the Committee on 
 Commerce. 
 
 December 11, 1875, Forty-fourth Congress, first session. Mr. Stone 
 introduced a bill (H. R. 81) to establish a Department of 
 Commerce. Referred to Committee on Commerce and reported 
 adversely. 
 
 March 31, 1876, Forty-fourth Congress, first session. Mr. Campbell 
 introduced a bill (H. R. 2950) providing for the appointment 
 of a commission on the subject of labor and capital. 
 
 October 29, 1877, Forty-fifth Congress, hrst session. Mr. Peddie 
 introduced a bill (H. R. 106) to establish a Department of Come 
 merce. Referred to Committee on Commerce. 
 
 February 11, 1879, Forty-fifth Congress, third session. Mr. Cameron 
 proposed a joint resolution (S. J. Res. 60) providing for a com- 
 mission to consider and report what legislation is needed for 
 the better regulation of commerce among the States. Referred 
 to Committee on Commerce. 
 
 May 5, 1879, Fort}' -sixth Congress, first session. Mr. Murch intro- 
 duced a bill (H. R. 1383) to establish a Bureau of Labor Statis- 
 tics. Referred to the Committee on Education and Labor. 
 
 June 4, 1879, Forty-sixth Congress, first session. Mr. Russell secured 
 adoption of a resolution that the Committee on Commerce be 
 instructed to inquire and report wherein existing laws can be 
 so amended as to afford relief to the commercial interests of 
 the country, and what measures can be adopted bj' the Con- 
 gress of the United States calculated to secure a return of their 
 commercial prosperity. 
 
 December 8, 1879, Forty-sixth Congress, second session. Mr. Hoar 
 introduced a bill (S. 771) to esta])lish a Labor Commission. 
 Referred to Committee on Education and Labor. 
 
 February 9, 1880, Forty-sixth Congress, second session. Mr. Young 
 introduced a bill (H. R. 1327) to establish a Department of 
 Manufactures, Mechanics, and Mines. Referred to the Com- 
 mittee on Judiciary. 
 
 April 12, 1880, Forty-sixth Congress, second session. Mr. Warner 
 introduced a bill (H. R. 5797) to estu])lish a Bureau of Mines 
 and Mining, a Bureau of Mainifacturcs, and a Bureau of Labor 
 Statistics in the Interior Department, and to change the desig- 
 nation of the existing Bureau of Statistics to Bureau of Com- 
 merce. Referred to Committee on Mines and Mining. 
 
ORIGIN OF THE DKl'AKTMENT OK COMMERCE AND LABOR 15 
 
 March 1, 1880, Forty-sixth C'ono-rcss, second session. Mr. Cox siih- 
 niittod a resolution that the Secretary of Stat(> be retiucsted to 
 inform the House what measures, if any, may in his opinion l)c 
 advantaaeously taken for the more frecjuent pu])lication and 
 wider eircuhition of commercial reports received \)y the Depart- 
 ment from its officers abroad; also as to methods of publishing 
 these reports in other countries. Adopted. 
 
 December 7, 1881, Forty-seventh Congress, first session. Mr. Davis 
 introduced a bill (S. 30"2) to establish a Department of Agricul- 
 ture and Commerce. Referred to Committee on Agriculture. 
 S. 1502 reported as su])stitute, to constitute Department of 
 Agriculture an Executive Department. 
 
 December 13, 1881, Forty-seventh Congress, tirst session. Mr. Murch 
 introduced a bill (H. R. 017) to establish a Bureau of Labor 
 Statistics. Referred to Committee on Education and Labor. 
 
 January 23, 1882, Forty-seventh Congress, first session. Mr. Cassidy 
 introduced a bill (H. R. 3307) to establish a Bureau of Mines 
 and ^Mining. Referred to Committee on Mines and Mining. 
 
 February 13, 1882, Forty-seventh Congress, first session. Mr. Young 
 introduced a bill (H. R. 4375) to establish a Department of 
 Manufactures, Mechanics, and Mines. Referred to Committee 
 on Mines and Mining. 
 
 February 14, 1882, Forty-seventh Congress, first session. A bill 
 (S. 1198) was introduced to establish a Bureau for the registra- 
 tion of ships and seagoing vessels and for the encouragement 
 of United States shipping. Referred to Committee on Com- 
 merce. 
 
 March 27, 1882, Fort3'-seventh Congress, first session. Mr. Phelps 
 introduced a bill (H. R. 5403) to establish a Department of 
 Industr}'. Referred to Committee on Revision of Laws. 
 
 December 4, 1882, Forty-seventh Congress, second session. Mr. Page 
 introduced a bill (H. R, 0907) to establish a Department of 
 Commerce and Navigation. Referred to Committee on Com- 
 merce. 
 
 December 4, 1882, Forty-seventh Congress, second session. Mr. 
 Rosecrans introduced a bill (H. R. 0913) to establish a Depart- 
 ment of Commerce and Navigation. Referred to Committee on 
 Conmierce. 
 
 December 5, 1882, Forty-seventh Congress, second session. Mr. Miller 
 introduced a bill (S. 2197) to establish a Department of Com- 
 merce and Navigation. Referred to Committee on Commerce. 
 
 December 4, 1883, Forty-eighth Congress, first session. Mr. Blair 
 introduced a bill (S. 140) to establish a Bureau of Lal)or Sta- 
 tistics. Referred to Committee on Education and Labor, 
 reported with an amendment, dcl)ated, but not passed. 
 
1(5 ORIGIN OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
 December 10, 1883, Forty-eighth Congress, first session. Mr. Ros( 
 crans introduced a bill (H. R. 60) to establish a Departmei 
 of Commerce and Navigation. Referred to Committee c 
 Commerce. 
 
 December 10, 1883, Forty-eighth Congress, first session. Mr. Will 
 introduced a bill (H. R. 619) to establish a Bureau of 8tatisti( 
 of Labor and Industries. Referred to Committee on Educatic 
 and Labor. 
 
 December 10, 1883, Forty-eighth Congress, first session. Mr. Dinj 
 ley introduced a bill (H. R. 693) to constitute a Bureau of Con 
 merce and Navigation in the Treasur}" Department. 
 
 December 11, 1883, Fort3'-eighth Congress, first session. Mr. O'Nei 
 introduced a bill (H. R. 891) to establish a Bureau of Labc 
 Statistics. Referred to Committee on Education and Labor. 
 
 December 11, 1883, Forty-eighth Congress, first session. Mr. Ho] 
 kins introduced a bill (H. R. 1310) to establish a Department i 
 Labor Statistics. Referred to Committee on Education an 
 Labor, Approved b}' President June 27, 1881. 
 
 December 18, 1883, Forty-eighth Congress, first session. Mr, Frj 
 introduced a bill (S. 738) to constitute a Bureau of Connuen 
 and Navigation in the Treasury Department, Referred 1 
 Committee on Commerce and reported adversely. 
 
 January 8, 1881, Fortj^-eighth Congress, first session. Mr, McKinle 
 introduced a bill (H, R, 3020) to establish a Bureau of Lalx 
 Statistics. Referred to Committee on Labor. 
 
 January 8, 1881, Forty-eighth Congress, first session. Mr, Fom 
 introduced a bill (H. R. 2519) to establish a Department c 
 Industry. Referred to Committee on Labor. 
 
 January 10, 1881, Forty-eighth Congress, first session. Mr. Lam 
 introduced a bill (H, R. 3060) to establish a Bureau of Labc 
 Statistics. Referred to Committee on Labor. 
 
 January 10, 1881, Forty-eighth Congress, first session. Mr. Dingle 
 introduced a bill (H. R. 3056) to establish a Bureau of Navig! 
 tion. Treasury Department. Approved by President, July ; 
 1881, • 
 
 Jamiary 11, 1881, Forty-eighth Congress, first session, Mr. Dunhai 
 introduced a bill (H, R, 3120) to establish a Department c 
 Commerce. Referred to Committee on Commerce. 
 
 January 21, 1881, Forty-eighth Congress, first session, Mr. Woe 
 introduced a bill (H, R, 3595) to authorize the governor c 
 each State of the United States to appoint commissioners J 
 establish a system of international commerce, and to decic 
 the practicability of establishing a Bureau of Internation: 
 Conunerce, Referred to Connnittee on Commerce, and reportc 
 adversely. 
 
DKKJIN OK TIIK DEPARTMENT OK COMMEliCE AND LABOR 17 
 
 Dccenibcr 21, issr). Foity-iiinth Conj^rcs.s, tirst session. Mr. AVeavcr 
 introducod a hill (H. R. 585) to establish an Executive Depart- 
 ment ol' Labor, with a Secretary of Labor. Referred to Com- 
 mittee on Labor. 
 
 January 7, 188(5, Forty-ninth Congress, tirst session. Mr. Dunliam 
 introduced a bill (H. R. HOHii) to esta))lish a Department of Com- 
 merce. Referred to Connnittec on Connnerce. ' 
 
 February 3, 1886, Forty-ninth Conji^ress, tirst session. Mr. Hatch 
 introduced a ))ill (H. R. 51ilo) to eidarg-e the duties of the 
 Department of Agriculture, and providing for a Department of 
 Agriculture and Labor. 
 
 March 1, 18S0, Forty-ninth Congress, tirst session. Mr. Butterworth 
 introduced a bill (H. R. (3202) to establish a Departn)ent of 
 Industry and Bureau of Labor. Referred to Conmiittee on 
 Lal)or. 
 
 April 26, 1880, F'orty-ninth Congress, tirst session. Mr. Springer 
 introduced a bill (H. R. 8119) to establish a Department of 
 Labor, and to create a board for the arl)itration of contro- 
 versies between labor and capital. Referred to Committee on 
 Labor. 
 
 May 10, 1886, Forty-ninth Congress, tirst session. Mr. Brecken- 
 ridge introduced a bill (H. R. 8629) to establish a Department 
 of Agriculture and Industry. Referred to Committee on Agri- 
 culture. 
 
 May 10, 1886, Forty-ninth Congress, tirst session. Mr. Reagan intro- 
 duced a bill (H. R. 8671) to establish a Department of Indus- 
 tries. Referred to Committee on Commerce. 
 
 May 22, 1886, House of Representatives. Mr. Osborne presented 
 memorial of the board of trade of Philadelphia, urging the 
 necessity of a Department of Commerce. Referred to Com- 
 mittee on Commei'ce. 
 
 Jamiarv 4, 1888, Fiftieth Congress, tirst session. Mr. Springer intro- 
 duced a bill (H. R. 1280) to establish a Department of Labor, 
 and to create a board for the arbitration of controversies 
 between labor and capital. 
 
 January 4, 1888, Fiftieth Congress, tirst session. Mr. Townshend 
 introduced a bill (H. R. 1283) for the establishment of a Depart- 
 ment of Industries and Public Works. Referred to the Com- 
 mittee on Commerce. 
 
 flanuary 9, 1888, Fiftieth Congress, tirst session. Mr. Hatch intro- 
 duced a bill (H. R. 3408) to enlarge the duties of the Depart- 
 ment of Agriculture, and to create an Executive Department to 
 be known as the Department of Agriculture and Lal)or. 
 Referred to Committee on Agriculture. H. R. 8191 (March 7, 
 1888) below substituted for it. 
 27628—04 2 
 
18 ORIGIN OF THE DErAETMENT OF COMMERCE AND LABOR 
 
 January 9, 1888, Fiftieth C^ougres.s, first .session. Mr. McCreary 
 introduced a ))ill (H. R. 3368) to create a Department to be 
 known as the Department of Agriculture and Labor. Referred 
 to Committee on Agriculture. 
 
 March 7, 1888, Fiftieth Congress, first session. Connnittee on Agri- 
 culture, as substitute for H. R. 31(>8, introduced a bill (H. R. 
 81i>l) to enlarge the powers and duties of the Department of 
 Agriculture, and to create an Executive Department to be 
 known as the Department of Agriculture. This bill went to a 
 conference committee. 
 
 March 15, 1888, Fiftieth Congress, first session. Mr. O'Neill intro- 
 duced a l)ill (H. R. 8560) to establish a Department of Labor. 
 Approved b}^ President June 18, 1888. 
 
 (Numerous petitions for a Department of Commerce were pre- 
 sented during the first session of the Fifty-first Congress.) 
 
 January 15, 181>1, Fifty-fii'st Congress, second session. Mr. Frye 
 introduced a 1)111 (S. 4859) to estal)lish the Department of 
 Commerce. Referred to Committee on Commerce. 
 
 January 5, 1892, Fifty-second Congress, first session. Mr. Simpson 
 introduced a l)ill (H. R. 135) to establish a Department of 
 Finance and Commerce. Referred to Committee on Judiciary. 
 
 Januar}^ 9, 1892, Fift\'-second Congress, first session. Mr. Belford 
 introduced a bill (H. R. 2191) to establish a Bureau of Mines 
 and Mining, a Bureau of Manufactures, and a Bureau of Labor 
 Statistics in the Interior Department, and to change the designa- 
 tion of the existing Bureau of Statistics to Bureau of Connnerce. 
 Referred to Committee on Mines and Mining. 
 
 February 1, 1892, Fifty-second Congress, first session. Mr. Caminetti 
 introduced a bill (H. R. 5161) to establish a Department of 
 Mines and Mining. Referred to Committee on Mines and 
 Mining. 
 
 February 14, 1893, Fifty-second Congress, second session. Mr. Miller 
 introduced a bill (H. R. 10503) to establish an Executive Depart- 
 ment of Public Labor. Referred to Committee of Revision of 
 Laws. 
 
 December 7, 1893, Fift3-second Congress, second session. Mr. Doo- 
 little introduced a bill {II. R. 4514) to enlarge the duties of the 
 Bureau of Labor, and to create an Executive Department to 
 be known as the Department of Labor. Referred to Committee 
 on Labor. 
 
 January 10, 1896, Fifty-fourth Congress, first session. Mr. Cobb 
 introduced a bill (II. R. 3619) to enlarge the duties and powers 
 of the department of commerce, and to create an Executive 
 Department to be known as the Department of Connnerce. 
 Referred to the Committee on Interstate and Foreign Commerce. 
 
ORIGIN OF THP: department OE commerce and LA150K l[) 
 
 ,I:uui:irv '21, Lsix;, Fifty-fourth Congress, first si\ssioii, Mr. Cohl) 
 introduced a l)ill (H. R. 44-1:7) to create an Executive Depart- 
 ment to he known as the I)(>partinent of Conunerce. Referred 
 to the Conuiiittee on Interstate and Forei^^-n Commerce. 
 
 Feliruar}' 17, 189G, FiftN'-fourth Congress, first session. Mr. Traccy 
 introduced a l)ill (II. R. (IliM)) to create a Department of Com- 
 merce. Referred to the Conmiittee on Interstate and Foreign 
 Commerce. 
 
 March !), 18!H), Fifty-fourth C'ongress, first session. ]Mr. Frye intro- 
 duced a hill (S. 2447) to estal)iish a Department of Conunerce 
 and Manufactures. Referred to the Committee on Commerce. 
 
 March l<), ISIX). Fifty-fourth Congress, first session. Mr. Bariett 
 introduced a bill (H. R. 7254) to estal)lish a Department of Com- 
 merce and Manufactures. Referred to the Committee on Inter- 
 state and Foreign Conunerce. 
 
 June 4, 1890, Fifty-fourth Congress, first session. Mr. Traccy intro- 
 duced a bill (H. R. 9340) to establish a Department of Commerce 
 and ^Manufactures. Referred to the Committee on Interstate 
 and Foreign Conunerce. 
 
 December 15, 1896, Fifty-fourth Congress, second session. Mr. Meyer 
 introduced a ))ill (H. R. !>6(37) to esta])lish a Department of 
 Commerce, Manufactures, and Labor. Referred to the Com- 
 mittee on Interstate and F^oreign Commerce. 
 
 December 17, 1890. Fifty-fourth Congress, second session. Mr. Phil- 
 lips introduced a ))ill (H. R. 9188) authorizing the appointment 
 of a nonpartisan commission to collate information and to con- 
 sider and reconunend legislation to meet the problems presented 
 by labor, agriculture, and capital. Reported as signed in the 
 Senate, March 3, 1897.^ 
 
 January 28, 1897, Fift^'-fourth Congress, second session. ]Mr. Wat- 
 son introduced a bill (H. R. 1U179) to establish a Department of 
 Labor, Referred to the Committee on Labor. 
 
 March 18, 1897. Fifty-fifth Congress, first session. Mr. Frye intro- 
 duced a bill (S. 024) to establish a Department of Conunerce 
 and Industries. Referred to the Committee on Commerce. 
 
 March 18, 18!>7, Fifty-fifth Congress, first session. A hill (H. R. 398) 
 to provide national supervision, etc., over certain corporations. 
 Referred to the Committee on Judiciary. 
 
 March 18, 1897, Fifty-fifth Congress, first session. Mr. Barrett 
 introduced a bill (II. R. 41<») to establish a Department of Com- 
 merce and Manufactures. Referred to the Committee on 
 Interstate and Foreign Commerce. 
 
 March 24, 1897, Fifty-fifth Congress, first session. Mr. Brownlow 
 introduced a bill (H. R. 212S) to establish a Department of 
 Commerce, Lal)or, and Manufactur(>s. Referred to the 
 Committee on Interstate and Foreign Commerce. 
 
20 ORIGIN OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
 June 1}^, 1S07, Fifty-tifth Cong-ress, first session. S. 2253. (Same as 
 H. R. !»188, above, Deeeiuber 17, 1896.) 
 
 December d, 1897, Fifty-fifth Cong-ress, second session. Mr, Hep- 
 burn introduced a bill (H. R. 1:3»J4) to establish a Department 
 of Commerce and Industries. 
 
 Decomljcr 10, 1897, Fifty-fifth- Congress, second session. Mr. Low 
 introduced a ])ill (H. R. 4583). (See H. R. 398, March 18, 1897, 
 above.) 
 
 December 13, 1897, Fifty-fifth Congress, second session. Mr. Baker 
 introduced a ])ill (H. R. 4774) to estal)lish the Department of 
 Commerce, Manufactures, Industries, and Labor. Referred to 
 Committee on Interstate and Foreign Commerce. 
 
 Deceml)er 13, 1897, Fifty-fiftli Congress, second session. Mr. Piatt, 
 of Connecticut, introduced a bill (S. 2736) to establish a divi- 
 sion in the Treasury Department for the regulation of insurance 
 among the several States. Referred to Committee on Commerce. 
 
 December 16, 1897, Fift3'-fifth Congress, second session. Mr. Baker 
 introduced a bill (H. R. 5162) to establish a Department of Com- 
 merce and Industries. Referred to Committee on Interstate 
 and Foreign Commerce. 
 
 January 6, 1898, Fifty-fifth Congress, second session. Mr. Barham 
 introduced a bill (H. R. 5861) to create an Executive Depart- 
 ment of Mines and Mining. Referred to Committee on Mines 
 and Mining. 
 
 Januar}' 12, 1899. Fifty-fifth Congress, third session. Mr. Osborne 
 introduced a bill (II. R. 11571) to estal)lish a Department of 
 Mineralogy and Mining. Referred to Committee on Mines 
 and Mining. 
 
 December 5, 1899, Fifty-sixth Congress, first session. Mr. Roberts 
 introduced a l)ill (H. R. 938) to establish a Department of 
 Commerce and Manufactures. Referred to Committee on 
 Interstate and Foreign Commerce. 
 
 December 6, 1899, Fiftv-sixth Congress, first session. Mr. Fr3'e 
 introduced a bill (S. 738) to establish a Department of Com- 
 merce and Industries. Referred to Conmiittee on Connnerce. 
 
 December 11, 1899, Fifty-sixth Congress, first session (S. Doc. 16). 
 President McKinley transmitted to Congress resolutions of the 
 Chamber of Commerce of the State of New York, requesting 
 legislation authorizing the appointment of commercial attaches 
 at the principal embassies and legations of the United States, 
 and setting forth that England, Germany, and Russia had such 
 officials. 
 
 January 3, 1900, Fifty-sixth Congress, first session. Mr. McComas 
 introduced a bill (S. 2018) to establish a Department of Com- 
 merce and Industries. Referred to Committee on Connnerce. 
 
(miGIN OF THE DEPARTMENT OK COMMERCE AND LABOR 21 
 
 ,I;mu:iiv 3, 1900, Fifty -sixth C'ongrcs.s, first session. Mr. Barham 
 iiitrodiu'od a l)ill (II. R. 5080) to croatc a Department of Mines 
 and ]Minin«>'. Referred to Committee on Mines and ^Mining-. 
 
 February 18, l'.»Ol, Fifty-sixth ConoT(\ss, seeond session. Mr. Ridg-el}' 
 introduced a bill (H. R. 11233) to reoulato conunerce and indus- 
 tries. Referred to Committee on Reform in the Civil Service. 
 
 December 2, 1901, Fifth-seventh Con^-ress, first session. Mr. Brown- 
 low introduced a bill (H. R. 14) to establish a Department of 
 Conunerce, Labor, and Manufactures. Referred to the C^om- 
 mittee on Interstate and Forei^^n Commerce. 
 
 December 2, 1901, Fifty-seventh Congress, first session. Mr. Schirm 
 introduced a bill (H. R. 95) to establish a Department of Com- 
 merce and Industries. Referred to Conunittee on Interstate 
 and Foreign Commerce. 
 
 Decem])er 3, 1901, Fiftj^-seventh Congress, first session. ]Mr. Roberts 
 introduced a bill (H. R. 2026) to establish a I)(>])artment of 
 Commerce and Manufactures. Referred to Conmiittee on 
 Interstate and Foreign Conunerce. 
 
 December 1, 1901, Fifty-seventh Congress, first session. Mr. McComas 
 introduced a bill (S. 313) to establish a Department of Com- 
 merce and Industries. 
 
 December 1, 1901, Fifty-seventh Congress, first session. Mr. Nelson 
 introduced a bill (S. 5(59) to establish a Department of Com- 
 merce [and Labor]. Approved by President, February 11, 1903. 
 
 December 10, 1901, Fifty-seventh Congress, first session. Mr. Gibson 
 introduced a bill (H. R. 1101) to establish the Bureau of Mines 
 and jNIining in the Department of Labor. Referred to Com- 
 mittee on Mines and Mining. 
 
 December 18, 1901, Fift^'-seventh Congress, first session. Mr, Woods 
 introduced a bill (H. 'R. 7195) to establish a Department of 
 ^Nlines and Mining. Referred to Committee on Mines and 
 Mining. 
 
 January 27, 1902, Fifty-seventh Congress, first session. Mr. Teller 
 introduced a bill (S. 3202) to establish a Department of Mines 
 and Mining. Referred to Conmiittee on Mines and Mining. 
 
 April 11, 1902, Fifty-seventh Congress, first session. Mr. Sulzer 
 introduced a bill (H. R. 13526) to establish a Department of 
 Labor. Referred to the Committee on Labor. 
 
 May 2, 1902, Fifty-seventh Congress, first session. Mr. Sulzer 
 introduced a bill (H. R. 11166) to establish a Department of 
 Commerce. Referred to Committee on Commerce. 
 
 May 16, 1902, Fifty-seventh (^ongress, first session. Mr. Heitfeld 
 introduced a bill (S. 5S68) to estal)lish a Department of Labor. 
 Referred to Committee on Education and La])or. 
 
CHAPTER II 
 
 ORGANIZATION OF THE DEPARTMENT OF COMMERCE AND LABOR 
 
 The first step in the organization of tlie new Department was the 
 appointment, b}' the President, of George B. Cortolyou as the first 
 Secretary of Commerce and Labor on February 1(5, 11)03; the nomina- 
 tion was confii'med by the Senate on the same day, and the Secretar}-, 
 after taking the oath of ofiice on the 18th, established temporary head- 
 quarters at the White House. On February 17, 1903, James Rudolph 
 (Tarfield was named l)y the President as Conmiissioner of Corporations 
 under the provisions of the organic act of the Department; the Senate 
 confirmed the appointment on the 21st, and the oath of ofiice was taken 
 on the SOth. Frank H. Hitchcock was appointed chief clerk of the 
 Department, and AVilliam L. Soleau was selected as its dis])ursing 
 clerk. 
 
 The temporary headquarters were moved to the building known as 
 the "Builders"' Exchange," on Thirteenth street, where, in a large 
 room divided by partitions, the work of oi'ganization was l)egun on 
 March 10, 1903. The new Willard Building, on Fourteenth street.^ 
 was selected as the headquarters of the Department, iiud the Secretary, 
 with as much of his force as was organized, moved in as soon as the 
 building was completed. On the morning of June 17, 1903, under the 
 auspices of the Grand Ai'my of the Pepu])lic, the nation's flag was 
 raised for the first time over the new Department, and its headciuar- 
 ters was formallv placed in conmiission. The entire personnel of the 
 Department assembled at the fiagstafi' on the roof with the committee of 
 the Grand Army of the Republic to witness the cer(Mn()n3\ The brief 
 address of Judge I. G. Kimball, department connnander, G. A. R., on 
 this occasion, was as follows: 
 
 "On 1)ehalf of the (xrand Army and of my old comrades of the war, 
 I want to thank 3'ou for the invitation you have given to us to b(^ 
 present at this ceremony, the hoisting of the flag over the new Depart- 
 ment. It shows your appreciation of the old soldiers; it shows your 
 appreciation of the flag and all that it means. And it is especially 
 appi'opriatc to-day, just after Flag Day, and to-day the anniversary 
 of the lirst great battle of the Revolutionary war — the battle of Bunker 
 Hill— that the old soldiers should assist in this inauguration of the 
 service of putting up the flag over this Department, which is not a 
 department of war, but a department of peace — one that we hope will 
 take into all the world the coimuerce of our country and reap those 
 22 
 
DEPARTMENT OF COMMERCE AND LABOR 23 
 
 results which the sohlicrs ]}y thrii- liohtinu' hclju'd (o sicconiplish; I 
 mean the phiciii^' ot' this country in tiic forefront, not only in war, but 
 ni peace." 
 
 Secretary Cortelyou replied as follows: 
 
 "Commander: It is altoo-etli(>r Httini>; that un(l(M- such auspices as 
 these the Hai^ should he raised on the new Department. In asking- you 
 to participate in this simple eeremony we wore infiuenced very lart^el}' 
 l)y the reasons you have oiven in the very appropriate address 3'ou 
 have just made. 1 thank you for being here, with vour staff and 
 othei^s, representin(>- the (Irand Army of the Republic, and I need hard!}' 
 assure you that in the work of this Department it will be our constant 
 hope and purpose that nothing shall be done unworthy of that flag'.""' 
 
 In this building, l)esides the Secretary, the Assistant Secretary, the 
 Solicitor, the Chief Clerk, and the Disl)ursing Clerk, are the Bureau of 
 Corporations, the Bureau of Immigration, and the Department library. 
 The other otiices of the DepartuHMit are located as follows: Bureau of 
 Navigation. Light-House Board, and Steamboat-Inspection Service in 
 the Builders' Exchange, Thirteenth street; Bureau of Statistics in the 
 Adams Building, 1338 F street; Coast and Geodetic Survey and Bureau 
 of Standards at corner of New Jersey avenue and B street SE. ; Bureau 
 of the Census, First and B streets N W. ; Bureau of Labor, corner of 
 New York avenue and Fifteenth street, and the Bureau of Fisheries at 
 its headquarters in the Mall, Sixth and B streets SW, At the time 
 of printing this volume, the organization of the Bureau of Manufac- 
 tures has not been completed. 
 
 The law creating the Department transferred to it on fluly 1, 1903, 
 its subdivisions which had theretofore ])een independent offices or 
 under the older Executive Departments, and this important date in 
 the life of the new Department was marked by the assembling in the 
 office of the Secretarj' of its general officers and distinguished guests. 
 
 The speakers on this occasion were: The Rev. Franklin Noble; 
 the Rev. D. J. Stafford; Secretary Moody, of the Navv Department; 
 S. N. D. North, Director of the Census, and H. B. F. Macfarland, 
 Commissioner of the District of Columbia. 
 
 Secretary Cortelyou made an address in which he recounted the 
 work of preliminar}' organization, and stated that in four months and 
 a half the personnel of the Department had grown from one official, 
 the Secretary, to a total of 10,125 persons in Washington and the 
 country at large; he spoke of the great opportunities before the 
 Department in aiding and guiding the commerce and industries of the 
 coujitry, and of the principles upon which the Department would 
 administer the laws defining its powders. In closing, he said: 
 
 "To-day the new Department moves forward, and as it takes its 
 place by the side of the other great Executive establishments it will 
 catch the step and the swing of their onward movcnnent in the nation's 
 progress and prosper it3'. 
 
24 
 
 DEPARTMENT OF COMMERCE AND LABOR 
 
 " No other Department has a wider field, if the ju.st expectations of 
 the franiers of the legishition are realized. None will have closer 
 relations with the people or greater opportunities for effective work. 
 While we can not dedicate a new and imposing structure to the 
 uses of the Department, we can at least, and 1 am sure we all do, 
 dedicate ourselves to the work which Chief Executives have recom- 
 mended and Congress in its wisdom has set apart to be done. In 
 this spirit 1 have thought it altogether fitting and proper that we 
 should have these l)rief exercises, and that in them we should empha- 
 size the fact that if we are to have the highest success as a nation in 
 our commercial and industrial relations, whether among ourselves or 
 with other peoples, we must keep ever to the front and dominant 
 alwa3^s those sturdy elements of character and the dependence upon 
 Divine guidance which were so signally shown by the founders of the 
 Republic, and to which we can not too often revert in these busy and 
 prosperous times which make memorable for us the opening years of 
 the new century." 
 
 BIBLIOGRAPHY OF ORGANIC LAWS OF THE DEPARTMENT 
 
 Official designation. 
 
 Department of Commeree and Labor. 
 Liglit-Honse Board (including Light- 
 House Establishment). 
 
 Bureau of the Cen.sus a 
 
 Coast and Geodetic Survey 
 
 Bureaii of Stati.stics 
 
 Bureau of Foreign Commerce. 
 
 Bureau of Standards «. 
 
 Steamboat-Inspection Service. 
 Seal and Salmon Fisheries 
 
 Bureau of Fisheriesa 
 
 Bureau of Labor " 
 
 Bureau of Navigation . . 
 Bureau of Immigration 
 
 Bureau of Corporations, 
 Bureau of Manufactures 
 
 Organic acts, etc. 
 
 See next page. 
 
 Federal jurisdiction of aids to navigation first assumed by 
 act of Aug. 7, 1789. Light-House Service reorganized and 
 placed on its present footing bv act of Aug. 31, 1852 (10 
 Stat., 119). 
 
 First census tal^en under act of Mar. 1, 1790. Present status of 
 Bureau established by act of Mar. 6, 1902 (32 Stats., 51.) 
 
 Survey first authorized by act of Feb. 10, 1807. Reorganized and 
 placed on iiresent footing under act of Mar. 30, 1813 (5 Stats., 
 610). Name authorized liy sundry civil act of Jmie 20, 1878. 
 
 First law authorizing statistics by Treasury Department, act 
 of Feb.lO, 1S20. Bureau of Statistics organized and placed 
 on its present footing by act of July 28, 1866 (14 Stats., 330). 
 
 Organized as a statistical" office in tlie State Department by 
 act of Aug. 16, 1S12 (5 Stats., 507). Organized as Bureau of 
 Statistics, State Department, by act of June 20, 1S7-4. Name 
 changed to Bureau of Foreign Commerce in consular appro- 
 priation act for year 1898. effective July 1, 1897. 
 
 Work of this office first authorized by Senate resolution of 
 May 29, 1830. Name "Office of Construction of Standard 
 Weights and Measures" first used in appropriation act of 
 Aug. 6, 1882. Organized as at present bv act of Mar. 3, 1901 
 (31 Stats., 1119). 
 
 First stcamlioat-inspection law, July 7, 1838. Service reor- 
 ganized and )ilaced on present footing, practically, by act 
 of Feb. 2.S, 1.S71 (Title 52, R. S.). 
 
 Regulation of these fisheries first established by joint resolu- 
 tion of July 27, 1868; sections 1954 et seq.. Revised Statutes, 
 and acts approved Dec. 29, 1897 (30 Stats., 226), and Mar. 3, 
 1899 (Alaskan code) (30 Stats., 1280). 
 
 First Commissioner of Fish and P'isheries appointed by act of 
 Feb. 9, 1871. C(iramissif)n reorganized under act of June 20, 
 1888 (25 Stats., 1). " United States Fish Commission " first 
 used in act of Dec. 15, 1877. 
 
 Organized by act of June 27, 1884, as a bureau of the Interior 
 Department. Reorganized as the Department of Labor by 
 act of June 13, 1888 (25 Stats., 182). 
 
 Established by act of July 5, 1884 (23 Stats., 118). Shipping 
 Comniissiouers placed inider Bureau of Navigation by 
 Treasury Di'jiartment order of July 18, 1884. 
 
 Federal cimtrol of immigration assumed by act of Mar. 3, 
 1891 (26 Stats., 1084). Immigration laws codified by act of 
 Mar. 3, 1903. "Bureau of Immigration" first u-sed in act of 
 March, 1895. 
 
 Authorized bv act of Feb. 14, 1903 (32 Stats., 825). 
 
 Authorized by act of Feb. 14, 1903 (32 Stats., 825), 
 
 a This name adopted by Secretary's order of July 1, 1903. 
 

DEPARTMENT OV COMMERCE AND LAHOR 25 
 
 LAW PERTAINING TO THE DEPARTMENT 
 
 ('on«>TOs,s slmll hnw i)()W('r to icuulatt' coiimicrcc w illi cnn^tituiion. 
 
 forcij,''!! nations uiul aiuoiio- the, s^'wrul States. 
 
 There shall be at the seat of o'overnment an executi\'e de- commeruc and 
 partinentto l)e known as thcl)ei)artnient()f Connnerce and ''"jv,',^";^, ^,,03. 
 Lahor, and a Secretary of Connnerc*^ and Labor, who shall (f^ ^m-. sk.) 
 be the head thereof, who shall be ai)i)ointed l)y the ]*resi- 
 dent, In' and with the advice and consent of the Senate, 
 who shall receive a salary of eight thousand dollars per 
 annum, and whose term and tenure of office shall be like 
 that of the heads of the other Executive Departments; and 
 section one hundred and tifty-eioht of t\m lievised Statutes ,„|;*');i^;;:|„i^l';^" 
 is here])y amended to include such Department, and the 
 provisions of title four of the Revised Statutes," including 
 all amendments thereto, arc herel)y made applicable to 
 said Department. The said Secrc^tar}' shall cause a seal of ^'''^'■ 
 ottice to be made for the said Department of such device 
 as the President shall approve, and judicial notice shall 
 be taken of the said seal. 
 
 There shall be in said Department an Assistant Secre- reuo'^*o"* com- 
 taiy of Commerce and Labor, to be appointed by the "i<;^r(;eand Labor. 
 President, who shall receive a salary of live thousand 
 dollars a year. He shall perform such duties as shall be 
 prescril)ed ])y the Secretary or required l)y law. There 
 shall also be one chief clerk and a disljursing- clerk and <^^<'^^^- 
 such other clerical assistants as may from time to time 
 be authorized by Congress; and the Auditor for the State counts. '"^° ^^' 
 and other Departments shall receive and examine all ac- 
 counts of salaries and incidental expenses of the office of 
 the Secretary of Commerce and Labor, and of all l^ureaus 
 and offices under his direction, all accounts relating to the 
 Light-House Board, Steaml)oat-Inspection Service, Im- 
 migration, Navigation, Alaskan fur-seal tisheries, the 
 National Bureau of Standards, Coast and Geodetic Survey, 
 Census, Department of Lal)or, Fish Couimission and to 
 all other business within the jurisdiction of the Depart- 
 ment of Commerce and Labor, and certify the balances 
 arising thereon to the Division of Bookkeeping and War- 
 rants and send forthwith a cop}' of each certificate to the 
 Secretary of Commerce and Labor. 
 
 It shall be the province and duty of said Department to^j^'j^^^l^^j^i^gj^^^ 
 foster, promote, and develop the foreign and domestic >vr. .1 
 commerce, the mining, manufacturing, shipping, and 
 fishery industries, the labor interests, and the transporta- 
 tion facilities of the United States; and to this end it 
 shall be vested with jurisdiction and control of the depart- ^.^^.j'J.f,'*"^"'^'"" 
 ments, bureaus, offices, and branches of the public service 
 hereinafter specified, and with such other powers and ,, ^ ^ 
 
 duties as ma}" l)e prescribed by law. All unexpended appror.riation.s. 
 appropriations, which shall be available at the time when 
 this Act takes effect, in relation to the various offices, 
 ])ureaus, divisions, and other branches of the public serv- 
 ice, which shall, by this Act, bo transferred to or included 
 
 « Title four includes Sec. 158 and contains the provisions of law 
 governing PLxecutive Departments. 
 
26 DEPARTMENT OF COMMEECE AND LABOR 
 
 in the Department of Commerce and Labor, or which may 
 hereafter, in accordance with the provisions of this Act, 
 be so transferred, shall become availal)le, from the time 
 of such transfer, for expenditure in and b}^ the Depart- 
 ment of Connnerce and Labor and shall be treated the 
 same as though said l)ranches of the public service had 
 been directly named in the laws making- said appropria- 
 tions as parts of the Department of Conmierce and Labor, 
 under the direction of the Secretary of said Department. 
 Bureaus trans- The f ollowiiig-named offices, bureaus, divisions, and 
 men^t. *" '*'^'"^" branches of the pul)lic service, now and heretofore under 
 ,sec.A. the jurisdiction of the Department of the Treasury, and 
 
 all that pertains to the same, known as the Light-House 
 Board, the Light-House Establishment, the Steamboat- 
 Inspection Service, the Bureau of Navigation, the United 
 States Shipping Conmiissioners, the National Bureau of 
 Standards, the Coast and Geodetic Survey, the Commis- 
 sioner-General of Inuuigration, the commissioners of 
 immigration, the Bureau of Immigration, the immigration 
 service at large, and the Bureau of Statistics, be, and 
 the same hereby are, transfei'red from the Department 
 of the Treasury to the Department of Commerce and 
 Lai)or, and the same shall hereafter remain under the 
 jurisdiction and supervision of the last-named D^'part- 
 ment; and that the Census Office, and all that pertains 
 to the same, be, and the same hereb}- is, transferred 
 from the Department of the Interior to the Department 
 of Conmierce and Labor, to remain henceforth under the 
 jurisdiction of the latter; that the Department of Labor, 
 the Fish Conunission, and the Office of Conunissioner of 
 Fish and Fisheries, and all tlmt pertains to the same, be, 
 and the same hereby are, placed under the jurisdiction 
 and made a part of the Department of Commerce and 
 eign'^'coiununx- Labor; that the Bureau of Foreign Commerce, now in the 
 witrBuVeiuI'of^^P'^i't"^^"^ ^^ State, be, and the same hereby is, trans- 
 statistii's. ferred to the Department of Commerce and La])or and 
 
 consolidated with and made a part of the Bureau of Sta- 
 tistics, hereinbefore transferred from the Department of 
 the Treasury to the Department of Commerce and Labor, 
 and the two shall constitute one luireau, to be called the 
 Bureau of Statistics, with a chief of the bureau; and that 
 the Secretar}' of Conmierce and I^abor shall have control 
 of the work of gathering and distributing statistical infor- 
 mation naturallv relating to the subjects conlided to his 
 
 Statisticalwork TA ^ j_ ' i j^i o j_ i? / i i t n 
 
 undersecretary. Department; and the Secretary or Commerce and Labor 
 is here])y given the power and authority to rearrange the 
 statistical work of the bureaus and offices confided to said 
 Department, and to consolidate any of the statistical bu- 
 reaus and offices transferred to said Department; and said 
 Secretar}^ shall also have authorit}' to call upon other 
 Departments of the Government for statistical data and 
 results o])tained b^'them; and said Secretary of Commerce 
 and La])or may collate, arrange, and publish such statis- 
 tical information so ol)tained in such manner as to him 
 maj' seem wise. 
 
DEPARTMENT (^F COMMERCE AND LABOR 27 
 
 Tlmt the oliicial records mikI piipci-s now on lil<' in aiul f,[*f,\\|fj?/';^^^^^^^ 
 ])('rt:iiiiiii<i' exi'lusi\-ely (o the l)uslii(>ss of any bureau, ollico, 
 (lepaitnuMit, or l)raiich of tlie puhlic service in this Act 
 ti'aiisferred to tin* Department of C'oiniuerce and Lal)or, 
 together with tlie furniture now in use in such l)ureau, 
 oHice, department, or branch of tlie pul)Iic service, shall be, 
 and hereby are, transferred to the Departmentof Commerce 
 and Labor. 
 
 There shall l)e in the Department of Commerce and, fB"^'"'"^^'""- 
 Lal)or a bureau to b(^ called tlie Hureaii or Mamitactures, src.5. 
 and a chief of said l)ur(^au, who shall be appointed b}' 
 the President, and who shall receive a salary of four 
 thousand dollars per annum. There shall also be in said 
 bureau such clerical assistants as may from time to time bo 
 authorized l)y Congress. It shall be the province and duty ^*'* province. 
 of said bureau, under the direction of the Secretary, to 
 foster, promote, and develop the various manufacturing 
 industries of the United States, and markets for the same 
 at home and abroad, domestic and foreign, l)y gathering, 
 com})iling. publishing, and supplying all available and use- 
 ful information concerning such industries and such mar- 
 kets, and ])v such other mi^thods and means as may be 
 prescribed iJy the Secretary or provided by law. And all Rppp^ts from 
 consular oiiicers of the L nited States, including consuls- thn.nKii sicr.- 
 general, consuls, and commercial agents, are hereby re- '""^ " ^ ''' ^' 
 quired, and it is made a part of their duty, under the direc- 
 tion of the Secretary of State, to gather and compile, from 
 time to time, useful and material information and statistics 
 in respect to the subjects enumerated in section three of 
 this Act in the countries and places to which such consular 
 ofiicers are accredited, and to send, under the direction of 
 the Secretary of State, reports as often as re(piired by the 
 Secretary of Commerce and Labor of the information and 
 statistics thus gathered and compiled, such reports to be 
 transmitti^l through the State Department to the Secretary'' 
 of the Department of Commerce and Labor. 
 
 There shall be in the Department of Commerce and Bureau of cor- 
 
 Ti 1 1 1111H c/i • porations. 
 
 Labor a bureau to be called the Inireau or Corporations, sec.e. 
 
 and a Commissioner of Corporations who shall be the f^ommissioner. 
 
 head of said bureau, to be appointed by the President, 
 
 who shall receive a salary of ti\'e thousand dollars per 
 
 annum. There shall also be in said bureau a deputv P^.P"ty com- 
 
 • • 1 1 11 • 1 J! i.1 J ' misHiuner. 
 
 commissioner who shall receive a salaiy or three thou- 
 sand five hundred dollars per annum, and who shall in 
 th(^ absence of the Commissioner act as, and perform 
 the duties of, the Commissioner of Corporations, and who 
 shall also perform such other duties as may be assigned to 
 him by the Scvretarv of Couunei-ce and Labor or t)y the 
 said Commissioner. There shall also ])e in the said bureau Kmpioyees. 
 a chief clerk and such special agents, clerks, and other 
 employees as may be authorized by law. 
 
 I'hc said Commissioner shall have power and authoritv P".t'e'' "f c<'m- 
 
 I 111'- I'll ' IlUSHlOniT. 
 
 to make, under the direction and control of the Secretary 
 of Commerce and Labor. diligcMit investigation into the 
 
28 DEPARTMENT OF COMMERCE AND LABOR 
 
 organization, conduct, and nianag-ement of the ])usinoss of 
 any cor})oration, joint stock company or corporate com- 
 bination engaged in connnerce among tlie several States 
 and with foreign nations excepting common carriers sub- 
 
 corporations ject to "Au Act to rcgulate commerce," approved February 
 exeep e . fourth, eighteen liundred and eighty-seven, and to gather 
 
 such information and data as will enable the President of 
 the United States to make recommendations to Congress 
 for legislation for the regulation of such commerce, and to 
 report such data to the President from time to time as he 
 shall I'equire; and the information so obtained or as nmch 
 thereof as the President may direct shall ])e made pul)lic. 
 
 Power and an- Jn order to accouiplish the purposes declared in the 
 
 thority ol Com- j. . j. i? ^i • i- j_i • i /^ • • 
 
 missioner. loregomg part of this section, the said Commissioner 
 
 shall have and exercise the same power and authority in 
 respect to corporations, joint stock companies and combi- 
 nations subject to the provisions hereof, as is conferred on 
 the Interstate Commerce Commission in said "'Act to 
 regulate commerce "and the amendments thereto in respect 
 to common carriers so far as the same may be applicable, 
 including the right to subpcena and compel the attendance 
 vvitnesses!"^ '^^"'^ ^"^^ ^•^•'^timon}^ of witnesses and the production of docu- 
 mentary evidence and to administer oaths. All the re- 
 quirements, obligations, liabilities, andinmiunities imposed 
 or conferred by said "Act to regulate commerce" and by 
 "An Act in relation to testimony before the Interstate 
 Commerce Commission," and so forth, approved Feliruary 
 eleventh, eighteen hundred and ninety-three, supplemen- 
 tal to said "Act to regulate commerce," shall also apply 
 to all persons who may T)e siil)p(enaed to testify as wit- 
 nesses or to produce documentary e^-idellce in pursuance 
 of the authority conferred by this section. 
 
 Useful infor- It shall also be the province and duty of said bureau, 
 «)mpned.^" ^"^ under the direction of the Secretary of Commerce and 
 Labor, to gather, compile, publish, and supply useful 
 information concerning corporations doing business within 
 the limits of the United States as shall engage in interstate 
 commerce or in commerce between the United States and 
 
 Insurance cor- any foreign country, including corporations engaged in 
 porations. insurance, and to attend to such other duties as may be 
 
 hereafter proxided ))y law. 
 
 Alaskan fish- The jurisdiction, supervision and control now possessed 
 
 '^sec.7. and exercised b}^ the Department of the Treasury over 
 
 the fur-seal, salmon and other fisheries of Alaska and 
 
 Immigration, over the immigration of aliens into the United States, its 
 waters, territories and any place su])j(>ct to the jurisdic- 
 tion thereof, are hereb}' transferred and vested in the 
 Department of Commerce and Lal)or; Provid/d, That 
 nothing contained in this Act shall be construed to alter 
 the method of collecting and accounting for the head-tax 
 
 Head tax. prcscril^ed by section one of the Act entitled "An Act to 
 regulate immigration," approved August third, eighteen 
 hundred and eighty-two. That the authority, power and 
 jurisdiction now possessed and exercised by the Secretary 
 
 eries. 
 
DEPARTMENT OF COMMERCE AND LABOR 29 
 
 of tlie Troasurv l>y virtue of any law in relation to the 
 
 exclusion h'onx and the residence within the I'nited States, cuiinse exciu- 
 
 its territories and the District of CV)luinl)ia, of Chinese and*"""- 
 
 IKM-sons of Chinese descent, are hereby ti'ansferred to and 
 
 conferred upon the Secretary of Coniinerce and La))or, 
 
 tmd the authority, powerand jurisdiction in relation thereto 
 
 now ^ csted l»v law or treaty in the collectors of customs 
 
 and the collectors of intei'ual I'lMeiuie.are herei»y conferred 
 
 upon and Aested in sucli otlicers under the control of the 
 
 Conimissioner-Ceneral of Juuuioi-atlon, as the Secretary of 
 
 Commerce and Lal)or may desiunate therefor. 
 
 The Secretary of Commerce and Labor .shall annually, Annual reports 
 at the close of each fiscal year, inake a report in writing socreuir^^o^^^^^ 
 to Congress, giving an account of all moneys received '"^.^'J'^^*'"^^"'^"'^- 
 and disbursed l)y him and his I)e})artment, and describ- 
 ing the work done ))V the Department in fostering, pro- 
 moting, and developing the for(Mgn and domestic com- 
 merce, the mining, manufacturing, shipping, and tishery 
 industries, and the transporttition facilities, of the I'nited 
 States, and making such ret-onnuendations as he shall deem 
 nece.ssarv for the eliective perfoi'iuance of the duties and 
 ])urposes of the Department. He shall also from time to special reports, 
 time make such special investigations and reports as he 
 may be recpiired to do by the President, or by either 
 House of Congress, or which he himself may deem neces- 
 sary and urgent. 
 
 The Secretary of Commerce and Labor shall have Property of De- 
 charge, in the buildings or premises occupied 1)}^ or appro- '"^^e™^"'^" 
 ])riated to the Department of Commerce and Labor, of 
 the library, furniture, fixtures, records, and other prop- 
 erty pertaining to it or hereafter acquired for use in its 
 business; and he shall be allowed to expend for period- Expenditures. 
 icals and the purposes of the lil)rary, and for the rental 
 of appropriate ([uarters for tlie accommodation of the jjj^^"''''<^ ''^"'"i- 
 De])artment of Commerce and Lal^oi" within the Dis- 
 trict of Columbia, and for all other incidental expenses, 
 such sums as Congress may provide from time to time: 
 Prm'idrd^ hov'cvri^ That where anv office, bureau, or 
 ))ranch of the public service transferred to the Depart- 
 ment of Commerce and Labor by this Act is occupying 
 rented buildings or premises, it may still continue to do 
 so until other suitable (piarters are provided for its use: 
 And 2>ror:<]r<] f,nihr,\ That all officers, clerks, and eni- j,,;';™^;,^^^;^^^^^^ 
 ployees now employed in or l)y any of the bureaus, offices, reaiiH. 
 departments, or l)ranches of the public service in this Act 
 transferred to the Department of Commerce and Labor 
 are each and all hereby transferred to said Department 
 at their present grades and salaries, except where other- 
 wise provided in this Act: Axd provided further. That all I'r^vious laws 
 
 I -1 • ^1 I ^ ^ Li • l\ J i.' i! 4.U foiieeruing these 
 
 laws prescrH)ing the work and dehumg the duties of trie bureaus. 
 several bureaus, offices, departments, or branches of the 
 public service by this Act transferred to and made a part 
 of the Department of Commerce and Labor shall, so far 
 us the same are not in contiict with the provisions of this 
 
30 DEPAKTMENT OF COMMERCE AND LABOR 
 
 Act, remain in full force and effect until otherwise pro- 
 vided l)y law. 
 over"thlse^'bu- "^^^ duties performed and all power and authority now 
 reaus vested in posscsscd Or excrciscd by the head of any executive depart- 
 commerce ^ and ment in and over any bureau, office, officer, board, branch, 
 ^^eT.'io. oi" division of the pu])lic service by this Act transferred 
 
 to the Department of Conmierce and Labor, or any ))usi- 
 ness arising" therefrom or pertaining thereto, or in rela- 
 tion to the duties performed ])y and authorit}" conferred 
 by law upon such bureau, officer, office, board, branch or 
 division of the public serA'ice, whether of an appellate or 
 revisory character or otherwise, shall hereaftei' be vested 
 in and exercised by the head of the said Department of 
 Commerce and Labor. 
 Jurisdiction All dutics, power, authority and iurisdiction, whether 
 
 over matters re- • ^ n' , j.i • • i 
 
 lating to mer-supervisorv, appellate or otherwise, now imposed or con- 
 chant shipping, fei-j-cd upoii the Secretary of the Treasury ))y Acts of Con- 
 gress relating to merchant vessels or 3'achts, their measure- 
 ment, numbers, names, registers, enrollments, licenses, 
 commissions, records, mortgages, l)ills of sale, transfers, 
 entry, clearance, movements and transportation of their 
 cargoes and passengers, owners, officers, seamen, passen- 
 gers, fees, inspection, equipment for the better security of 
 life, and by Acts of Congress relating to tonnage tax, 
 boilers on steam vessels, the carrying of inflanuual)le, 
 explosiA'e or dangerous cargo on vessels, the use of petro- 
 leum or other similar substances to produce motive power 
 and relating to the remission or refund of fines, penalties, 
 forfeitures, exactions or charges incurred for violating any 
 provision of law relating to vessels or seamen or to in- 
 former's shares of such fines, and by Acts of Congress re- 
 lating to the Commissioner and Bureau of Navigation, 
 Shipping Commissioners, their officers and employees, 
 Steamboat-Inspection Service and any of the officials 
 thereof, shall be and herel)y arc transferred to and imposed 
 and conferred upon the Secretary of Commerce and Labor 
 from and after the time of the transfer of the Bureau of 
 Navigation, the Shipping Commissioners and the Steam- 
 boat Inspection Service to the Department of Commerce 
 and Labor, and shall not thereafter l)e imposed upon or 
 Acts repealed, exei'cised by the Secretary of the Treasuiy. And all Acts 
 or parts of Acts inconsistent with this Act are, so far as 
 inconsistent, hereby repealed. 
 Btire.au of A pcrsou, to be designated by the Secretarv of State, 
 state Depart- shall 1)0 a])pointed to formulate, under his direction, for 
 "^ibcc.'n. ^^^ instruction of consular officers, the requests of the 
 
 Secretary of Commerce and Lal)or; and to prepare from 
 the dispatches of consular officers, for transmission to the 
 Secretary of Commerce and Labor, such information as 
 pertains to the work of the Department of Commerce and 
 Labor; and such person shall have the rank and salary of 
 a chief of bureau, and be furnished with such clerical 
 assistants as mav from time to time be authorized bv law. 
 
 « In connection with sec. 10, see extracts from opinions of Attorney- 
 General, page 34. 
 
DKl'-^KTMKN'r OF COMMERCE AND LABOR 31 
 
 T[\e l*ivsi(UMit 1)0, and hv is horeln . authorized, hy onl(U-,,./;/;;];i;'''^\',,;;;';i>: 
 ill writin*;', to transfer at any time the wliolo or any P'ii't"^'','/,^,^''"j,^*'j';;,'\'j[.','' 
 of anv otiico, bureau, division oi- oth(M- branch of thcnutit '.'.f V'um- 
 public" service eno-auvd in statistical or scientific work, |;|Jr'.'*'^' "'"' ^^"" 
 from the Department of Slate, the Department of the V". j-'. 
 Treasurv, the D(>])artment of War, the Department of fhis- 
 tico, the rost-Oltico l)epartment, tii(> Department of the 
 Navv or the Department of the Interior, to the Dei)art- 
 ment of Connnerce and Labor; and in every such case the 
 duties and authority performed l)y and conferred by hiw 
 upon such oftice, bureau, division or other branch of tlio 
 public service, or the part thereof so transferred, shall be 
 therein' transferred with such otlice, bureau, division or 
 other branch of the public service, or the part thereof 
 which is so transferred. And all iM)wer and authority 
 conferred by law, both supervisory and appellate, upon 
 the department from which such transfer is made, or the 
 Secretary thereof, in relation to the said office, Inireau, 
 division or other branch of the public service, or the part 
 thereof so transferred, shall immediately, when such trans- 
 fer is so ordered by the President, be fully conferred upon 
 and vested in the Department of Conunerce and Labor, or 
 the Secretary thereof, as the case may be, as to the whole 
 or part of such office, l)ureau. division or other branch of 
 the public ser\ice so transferred. 
 
 This Act shall takecliect and be in force from and after ^.^^lllfy'^'f ''^'^'"« 
 itspassao-e: I^rovided, however, That the provisions of this .^vc. is. 
 Act other than those of section twelve in relation to the 
 transfer of any existing- office, bureau, division, officer or 
 other branch of the pul)lic service or authorit}" now con- 
 ferred thereon, to the Department of Commerce and Labor 
 shall take effect and be in force on the first day of July, 
 nineteen hundred and three, and not before. 
 
 "For payment of the salaries and expenses of the Depart- i,i';^\art"ient'^^'of 
 ment of Commerce and Labor, established by the "Act to <^""mm«i"t« ""d 
 establish the Department of Commerce and Labor," ap- y/al'.s^iyos. 
 proved February fourteenth, nineteen hundred and three, (^-sm., losi.) 
 for th(> fiscal years nineteen hundred and three and nine- 
 teen hundred and four, as follows: 
 
 Office of the Secretary: For compensation of the Secre- secretary. 
 tarv of Conunerce and Labor, at the rate of eioht thousand 
 (lollars pel' annum; private secretary to tlie secretary, at tary to secretary, 
 the rate of two thousand five hundred dollars per annum; ^j^^ist,j„t i^^c- 
 Assistant Secretary of Conmierce and Labor, at the rate rclary. 
 of five thousand dollars per annum; private secretary to j^^^^'^'j^^^'^^J^j'^^j^^ 
 the Assistant Secretary, at the rate of one thousand eight secretary. 
 
 « Appropriation acts are not included in this vohnne e.xcept where 
 they contain general legislation. This act is given on account of its 
 historical value, being the first ai)propriation made for the Dei)art- 
 nient of Conunerce and Labor; and also on account of its usefulness in 
 the work of organization. 
 
32 DEPAKTMENT OF COMMEKCE AND LABOR 
 
 Oiiefcuerk. htindrccl clolltirs per annum; chief clerk, at the rate of 
 (.j^^'j."^^^" '"''"^ three thousand dollars per annum; disbursing clerk, at the 
 (^hief, Bureau rate of two thousaud live hundred dollars per annum; chief 
 ° Commissioner ^^ ^^^^ Burcau of Manufactures, at the rate of four thousand 
 of Corporations, dolhirs per anuum; Commissioner of Corporations, at the 
 rr,?.^.F^r}L ^'"^ ratcof fi V e thousand dollars per annum; Deputy Conmiis- 
 sLoner or Corporations, at the rate ot three thousand five 
 reaii^of^corpora- hundred dollars per annum; chief clerk to the Bureau of 
 tions. Corporations, at the rate of two thousand dollars per 
 
 annum; in all, fifty thousand dollars, or so much thereof 
 as may be necessary. 
 Clerks, messen- For sucli number of clerks of class four, clerks of class 
 gers, etc. three, clerks of class two, clerks of class one, clerks at the 
 
 rate of one thousand doUai's each per annum, clerks at the 
 rate of nine hundred dollars each per annum, clerks at the 
 rate of seven hundred and twenty dollars each per annum, 
 messengers, assistant messengers, and for the services of 
 such other persons, at a rate of compensation not exceed- 
 ing one thousand dollars each per annum, as the Secretary 
 of Commerce and Labor may deem to be requisite and 
 necessary in his office and in the Bureaus of Manufactures 
 and Corporations, in addition to the employees that may 
 be transferred hereunder from the office of the Secretary 
 of the Treasury, not exceeding fifty thousand dollars. 
 Contingent ox- For contingent expenses of the office of the Secretary 
 penses. of Commerce and Labor, and the Bureaus of Manufac- 
 
 tures and Corporations, namely: 
 Books. For the purchase of professional and scientific books, 
 
 law books, books of reference, periodicals, l)lank books, 
 pamphlets, maps, newspapers (not exceeding two thousand 
 stationery. livc hundred dollars), stationery, furniture and repairs 
 pik;s"\c"'^*^''^"^ to the same, carpets, matting, oilcloth, tile cases, towels, 
 ice, brooms, soap, sponges, fuel, lighting and heating; 
 for the purchase, exchange, and care of horses and vehi- 
 cles, to be used only for official purposes; freight and 
 express charges, postage, telegraph and telephone service, 
 typewriters, and adding machines, and all other miscella- 
 neous items and necessary expenses not included in the 
 foregoing, tifty thousand dollars. 
 Rent. For rent of necessary quarters for the offices of the Sec- 
 
 retar}^ of Commerce and Labor, and the Bureaus of Man- 
 ufactures and Corporations, sixteen thousand dollars. 
 Printing, etc. For printing and l)inding for the offices of the Secretary 
 of Commerce and Labor, and the Bureaus of Manufac- 
 tures and Corporations, to be executed under the direc- 
 tion of the Public Printer, seventy-tive thousand dollars. 
 Special agents. For compensation, to be tixed by the Secretary of Com- 
 merce and Labor, of such special agents in the Bureau 
 of Corporations, and for per diem, subject to such rules 
 and r(^gulations as the Secretary of Commerce and Labor 
 may prescribe, in lieu of subsistence at a rate not exceeding 
 four dollars per da}' to each of said special agents, while 
 absent from their homes on duty, and for actual necessary 
 
departmp:nt of commercj: ani> lahok 33 
 
 triivoliii.U' ^^^'P^^n^<^•'^ '<>•" "^'i'*^ spociiil a>ivnts iiicludiiiu' nocos- 
 sarv sleepin_i>' cur fares, sixty tliousaiul dollars. 
 
 'ihat all appropi-iations made for the fiscal year nineteen i^'Ve'tofromn^^^^^^ 
 hundred and four for the Department of Labor, Fish t.. i>umius, etc., 
 
 ,, . . 1 a' ii J' • • i; u i transferred. 
 
 Conunission. bureaus, ortices, or other divisions or what- 
 ever desio-natioii or character, transferred or that ma^' be 
 transferred from any executive departnuMit to the Depart- 
 ment of Commerce and Labor under tiie act approved 
 Fel)ruarv fourteenth, nineteen hundred and thrt>e, shall 
 be availal)le for expenditure in and ])y the Department 
 of Commerce and Lal)or, and shall be treated the same 
 as though said branches of the pul»lic service had been 
 directly named in the hiws making said appropriations 
 as parts of the Department of C(mimerce and Labor, 
 under the direction of the Secretary of the Department: 
 Pror/'Lil^ That as to all g(Mieral appro})riations for print- 
 ing and binding, rent, and contingent or miscellaneous 
 expenses, the amounts that shall be transfei-red hereunder, 
 except where the same are s})ecitically tixed by law, shall 
 in the case of each bureau, otiice, or other division be not 
 less than the average amount expended on account of or 
 allotted for expenditures to each of the same during the 
 fiscal years nineteen hundred and two and nineteen hun- 
 dred and three. 
 
 That the Secretary of the Treasury is hereby authorized TrLisury iKpart- 
 and directed, as soon as may be practica])le and before the i"«nt employees, 
 first day of tluly, nineteen hundred and three, to transfer 
 to the Department of Commerce and La])or all chiefs of 
 di\ision, assistant chiefs of division, clerks, messengers, 
 assistant messengers, watchmen, charwomen, and laborers 
 now employed in the divisions of his office who are wholly 
 engaged upon the work relating to the business of the 
 bureaus and offices of the Treasury Department transferred 
 or to l)e transferred to the Department of Commerce and 
 Labor under the Act of February fourteenth, nineteen 
 hundred and three; and in proportion to the number of 
 persons in the divisions of his ofSce whose time and labor 
 are partially de^■oted to the work of said bureaus and 
 offices he shall transfer approximately an e({uivalent num- 
 ber of clerks and other employees to said J)epartment of 
 Commerce and Labor, and the appropriations made for 
 the compensation of all persons transferred hereunder 
 shall be credited to and disbursed by the Department of 
 Commerce and La))or. 
 
 That the Secretary of Commerce and Lalior shall sut)- -\»"""^ ''""" 
 
 •i t /\ •'I'l • 1 11 1 mates. 
 
 mit to Congress tor tlie hscal year nineteen hundred and 
 five, and annually thereafter, estimates in detail for all 
 personal services and for all general and miscellaneous 
 expenses for the Department of Commerce and Labor. 
 
 That all bureaus, offices, and divisions transferred to the^Q^||arters^j^or 
 Department of Commerce and Labor after July first, hereafter tran's- 
 nineteen hundred and three, occupjnng quarters in any ^^'■'■*^*^- 
 building owned l)y the United States shall continue therein 
 27«2H— 04 3 
 
34 DEPAKTMENT OV COMMERCE AND LABOR 
 
 until otherwise provided for b}' Congress, except the 
 Bureau of Immigration and the Steamboat-Inspection 
 Service, which may be removed from the Treasury build- 
 ing to the Builders' Exchange building, numbers seven 
 hundred and nineteen to seven hundred and twenty-one 
 Thirteenth street northwest, premises now rented in part 
 by the Treasury Department. 
 Bureau of To enable the Department of State to compl}' with the 
 ra ® ^^ *^tion.s. ^.^^^^-^.^j^^g^^^^ ^^ scctiou clcveu of the Act to esta])li.sh the 
 
 Department of Commerce and Labor, approved February 
 fourteenth, nineteen hundred and three: Chief of Bureau, 
 two thousand two hundred and fifty dollars; one clerk of 
 „ class two, one thousand four hundred dollars; one clerk of 
 .class one, one thousand two hundred dollars; one assistant 
 messenger, seven hundred and twenty dollars; in all, five 
 thousand five hundred and seventv dollars. 
 
 EXTRACTS FROM OPINIONS OF THE ATTORNEY-GENERAL 
 
 The following paragraphs from opinions rendered b}" the Attorne}^- 
 General, on certain questions of law submitted to him l)y the Secrctar}' 
 of Commerce and Labor, demonstrate the broad and comprehensive 
 view taken by the law ofticer of the Government in defining the powers 
 and duties of the Secretary of Commerce and Labor: 
 
 Congress has transferred to and made part of your Department a 
 number of branches of the public service, some of which have been 
 parts of other Departments and others independent. They will accjuire 
 new relations to each other and with regard to 5'ou and the Department 
 as a whole. They are placed under jouv control. (June 22, 1U03.) 
 
 The act of Congress with regard to j^our Department was doubtless 
 conceived in the same spirit as the acts of a hundred years ago provid- 
 ing for the formation of other Executive Departments, and should l;e 
 interpreted accordingl3\ (Jul}' 2, 1903.) 
 
 It can not be doubted that the ])usiness intrusted to you was intended 
 to be mapped out on broad lines and separated from that of other De- 
 partments. (July 2, 1903.) 
 
 The general line of cleavage established by the act creating 3^our 
 Department between it and the Treasury Department leaves ''naviga- 
 tion" with you and little with the Treasury Department which does 
 not concern the collection, keeping, minting, and disbursing of the 
 public treasure. (August 3, 1903.) 
 
CHAPTKll 111 
 FUR-SEAL AND SALMON FISHERIES OF ALASKA 
 
 'Vhv proti'ction of lln' \alu:iltl(> fisheries of Alaska received the atten- 
 tion of t!ie (lovernment soon after the acquisition of that Territory' 
 from Hussiu, ]\hirch 30, 1S(;T. By act of Cong-ress ai)proved July 27, 
 IStiS. tlie su])('rvision of the fisheries of Alaska and the islands of 8t. 
 Paul and St. (reorge was given to the Secretar3^ of the Treasury; the 
 act ap})rovcd ]\Iarch 3. 1891), was a reenactmeat of a portion of the 
 al)0\e law. An act approved December 29, 1897, prohibited the killing 
 of fur seals in the waters of the North Pacific Ocean, and regulations 
 were promulgated under this law. The right to engage in taking fur 
 seals on the islands of St. Paul and St. Oeorge (Pribilof Islands) was 
 gi\(Mi by contract to the North American Commercial Company for 
 twenty years from May 1, 1890, under the law of July 1, 1870. 
 
 Supervision of the fur-seal fisheries on the seal islands is exercised 
 through four agents appointed l\v the Secretary of Commerce and 
 Labor, under the provisions of the act of March 5. 1872. The main- 
 tenance of the natives on these islands is provided for in part by the 
 Government through annual appropriations granted by Congress, but 
 the lessees care for the widows and orphans and the aged and infirm, 
 as prescribed l)y the terms of their contract. 
 
 The salmon fisheries are under the inmiediate supervision of the 
 Secretary of C^ommerce and I^abor. and under his direction two agents 
 appointed by the President annualh' visit the fisheries and canneries 
 to enforce (h(> laws and regulations and report thereon. 
 
 The law api)roved Pel)ruary 14, 1903 (An act to estal)lish the 
 Department of Connnerce and Labor), places the supervision of (he 
 Alaskan fisheries in the Secretary of Commerce and Labor on and 
 after Julv 1. 1903. 
 
 ^'op(/ Cff contract heticeen tJui United States und the y<>rfh Ai/w/'ica/i 
 Commercial Company, viuter which said comj)ani/ is qranted the 
 exclnsire right oftal-in</fur seats yj)0)i the PrihiJaflslanas in JiJaska 
 for a pt-riod of tirrati/ ij<tirs from 2 fa;/ /, 1S90. 
 
 Tiiis indenture, made in duplicate this twelfth day of March, lst«0, 
 t)y and between V>'illiam A\'in(U)m, Seci'etary of the Treasury ^f the 
 United States, in pursuance of chapter 3 of title 23, Revised Statutes, 
 
 35 
 
36 FUK-SEAL AND SALMON FISHERIES OF ALASKA 
 
 and the North Anievieaii Commercial Company, a corporation duly 
 established under the laws of the State of California, and acting by 
 I. Liebes, its president, in accordance with a resolution of said corj^ora- 
 tion adopted at a meeting of its board of directors held January 4, 1890: 
 
 Witnesseth: That the said Secretary of the Treasury, in considera- 
 tion of the agreements hereinafter stated, hereby leases to the said 
 North American Commercial Company for a term of twenty years, 
 from the first day of Ma}^, 1890, the exclusive right to engage in the 
 business of taking fur seals on the islands of St. George and St. Paul 
 in the Territory of Alaska, and to send a vessel or vessels to said islands 
 for the skins of such seals. 
 
 The said North American Commercial Company, in consideration of 
 the rights secured to it under this lease above stated, on its part 
 covenants and agrees to do the things following, that is to say : 
 
 To pay to the Treasurer of the United States each year during the 
 said term of twenty years, as annual rental, the sum of sixty thousand 
 dollars, and in addition thereto agrees to pay the revenue tax, or dut}^ 
 of two dollars laid upon each fur-seal skin taken and shipped by it 
 from said islands of St. George and St. Paul, and also to pay to said 
 Treasurer the further sum of seven dollars sixty-two and one-half 
 cents apiece for each and every fur-seal skin taken and shipp(>d from 
 said islands, and also to pay the sum of fifty cents per gallon for each 
 gallon of oil sold b}" it made from seals that ma}" be taken on said 
 islands during the said period of twenty years; and to secure the 
 prompt payment of the sixty thousand do! iis rental above referred 
 to the said company" agrees to deposit with the Secretary of the Treas- 
 ury bonds of the Ihiited States to the amount of fifty thousand dollars, 
 face value, to be held as a guarantee for the amuial payment of said 
 sixty thousand dollars rental, the interest thereon when due to bo col- 
 lected and paid to the North American Connnercial Company, pro- 
 vided the said company is not in default of pa3'ment of an}' part of the 
 said sixty thousand dollars rental. 
 
 That it will furnish to the native inhabitants of said islands of St. 
 George and St. Paul aimually such quantity or number of dried salmon 
 and such quantity of salt and such number of salt barrels for preserv- 
 ing their necessary suppl}^ of meat as the Secretary of the Treasury 
 shall from time to time determine. ' 
 
 That it will also furnish to the said inhabitants eighty tons of coal 
 annuall}', and a sufiicient number of comfoi'table dwellings in which 
 said native inhal)itants may reside, and will keep said dwellings in 
 proper repair, and will also pro^■ide and keep in repair such suitable 
 schoolhouses as may be necessar}", and will estal)lish and maintain 
 during eight months of each year proper schools for the education of 
 the children on said islands; the same to be taught by competent teach- 
 ers, who shall be paid by the compan}' a fair compensation, all to the 
 satisfaction of the Secrctar}^ of the Treasury; and will also provide 
 and maintain a suitalile house for religious W'orship; and will also pro- 
 vide a competent physician or physicians, and necessary and proper 
 medicines and medical supplies; and will also provide the necessaries 
 of life for the widows and orphans and aged and infirm inhal)itants of 
 said islands who are unable to provide for themselves; all of which 
 foregoing agreements will be done and performed by the said company 
 free of all costs and charges to said native inhabitants of said islands 
 or to the United States. 
 
FUR-SEAL AND SALMON FISHERIES OF ALASKA 87 
 
 The anmiiil rental, toiicthcr with all otiici' ])ayiii('nts to the I'liitcd 
 8t:it(\s proN-uUnl tor in this lease, sliail he made and paid on or het'ore 
 the first day of April of each and e\(M'v year dminii' the existence of 
 this lease, i)e»>inniiio- with the first day of A])iil, IS!»1. 
 
 The said eonipany fui'ther ai>ieos to employ the native inhabitants 
 of said islands to i)ei'form such labor upon the islands as they arc fitted 
 to perform, and to j)ay therefor a fair and just compensation, such as 
 may be fixed by the vSecretar\' of the Treasury; and also at>-rees to con- 
 tritmte. as far as in its })ower, all reasonal)le efforts to secure the com- 
 fort, health, education, and i)romote the morals and cixilization of said 
 nati\ e inhal)itants. 
 
 The said company also agrees faithfully to obey and a])ide by all 
 rules and regulations that the SiH'retary of the Treasury has hereto- 
 foi-e or may hereafter establish or make in pursuance of law concei'n- 
 ing the taking of seals on said islands, and concerning the comfort, 
 morals, and other interests of said inhabitants, and all matters per- 
 taining to said islands and the taking of seals within the possession of 
 the I'nited States. It also agrees to ol)ey and abide b}' any restric- 
 tions or limitations upon the right to kill seals that the Secretary of 
 the Treasury shall judge necessary, nnder the law, for the preserva 
 tion of the seal fisheries of the United States; and it agrees that it 
 will not kill, or permit to be killed, so far as it can prevent, in any 
 year a greater number of seals than is authorized by the Secretary of 
 the Treasury. 
 
 The said comi)an3' further agrees that it will not permit any of its 
 agents to ket>p, sell, give, or dispose of any distilled spirits or spiritous 
 liquors or opium on either of said islands or the waters adjacent thereto 
 to any of the native inhabitants of said islands, such person not being 
 a physician and furnishing the same for use as a medicine. 
 
 It is understood and agreed that the numl)er of fur seals to be taken 
 and killed for their skins upon said islands l)v the North American 
 Commercial Compan}^ during the year ending May 1st, 1801, shall not 
 exceed sixty thousand. 
 
 The Seci'etary of the Treasury reserves the right to terminate this 
 lease and all rights of the North American Commercial Company under 
 the same at any time on full aifd satisfactory proof that the said com- 
 pany has violated any of the provisions and agreements of this lease, 
 or in any of the laws of the United States, or any Treasury regulation 
 respecting the taking of fur seals or concerning the islands of St. 
 George and St. Paul or the iidiabitants thereof. 
 
 In witness whereof the parties hereto have set their hands and seals 
 the day and year aljove written. 
 
 (Signed) William Windom, 
 
 Sec7'etary of the Ti'cto^iiry. 
 North American Commercial Company. 
 
 [North American Commer- Signed by I. Liebes, 
 
 eial Compan}', incorpo- Pre-sldcnt of the JVorth Aiinri- 
 
 rated December, 1889.] can Coiiiiiiercial iJinnpany. 
 
 Attest: 
 
 (Signed) H. B. Parsons, 
 
 Assistant Recretary. 
 
38 
 
 FUR-SEAL AND SALMON FISHERIES OF ALASKA 
 
 LAW PERTAINING TO THE SEAL AND SALMON FISHERIES OF ALASKA 
 
 Dec. 29, 1897. 
 {30 Stnt.,2^().) 
 Sec. 1. 
 
 Sec. 2. 
 
 Penalty. 
 
 Sec. .i. 
 
 Sec. I,. 
 
 [As modifie<l by act of Fel)ruary 1-1, U)U8.] 
 
 kifiing^ot^seaHn "^^ citizeii of the United States, nor person owing- duty 
 North Pacific, of obcdience to the hxws or the treaties of the United States, 
 nor any person behjngino- to or on board of a vessel of the 
 United States, shall kill, capture, or hunt, at any time or 
 in any manner whatever, any fur seal in the waters of the 
 Pacific Ocean north of the thii'ty -fifth deg'ree of north lati- 
 tude and including' Bering Sea and the sea of Okhotsk. 
 
 No citizen of the United States, nor person al)ove de- 
 scribed in section one, shall e([uip, use, or employ, or fur- 
 nish aid in ec^uipping, using, or emploving, or furnish 
 supplies to an}^ vessel used or employed, or to be used or 
 employed in carrying on or taking part in said killing, 
 capturing, or hunting of fur seals in said w^9,ters, nor shall 
 any vessel of the United States be so used or employed. 
 
 JEvery person g'uilty of a violation of the provisions 
 of this Act, or of any regulations made thereunder, shall, 
 for each oli'ense, l)c fined not less than two hundred dol- 
 lars or more than twH) thousand dollars, or imprisoned 
 not more than six month.s, or both; and every vessel, its 
 tackle, apparel, furniture, and cargo, at any time used or 
 employed in violation of this Act, or of the regulations 
 made thereunder, shall ) e forfeited to the United States. 
 
 If any vessel of the United States shall be found within 
 the waters to which this Act applies, having on board fur- 
 seal skins or bodies of seals, or apparatus or implements 
 suitable for killing or taking seals, it shall be presumed 
 that such vessel was used or (nnployed in the killing of 
 said seals, or that said appai'atus or implements were used 
 in violation of this Act until the contrary is pro^■ed to the 
 satisfaction of the court. 
 
 Any violation of this Act or of the regulations there- 
 under may be prosecuted either in the district court of 
 Alaska, or in any district court of the United States in 
 California, Oregon, or Washington. 
 
 This Act shall not interfei-e with the privileges accorded 
 to Indians dwelling on the coast of the United States under 
 section six of the Act of April sixth, eighteen hundred and 
 ninety-four, ])ut the limitations prescril)ed in said Act shall 
 remain in full force. 
 
 This Act shall not afl'ect in any way the killing or taking 
 of fur seals upon the Fribilof Islands, or the laws of the 
 United States relating thereto. 
 
 Any officer of the Naval or Revenue- Cutter Service of 
 the United States, and any other officers duly designated 
 by the President, may search anj- vessel of the United 
 States in port or on the high seas suspected of having 
 violated or of having an intention to violate the provisions 
 of this act, and may seize such vessel and the ofi'ending 
 officers and crew and l)ring them into the mo.st access! I)le 
 port of the States and Tei'ritory mentioned in section five 
 of this Act for trial. 
 
 Procedure 
 
 Sec. r<. 
 
 Sec. 
 
 R i g li t 
 search. 
 
 Sec. 8. 
 
FUR-SEAL AND SALMON FISHERIES OF ALASKA .^9 
 
 The iinportiition into tlie United States by iiny person """'••'• 
 whiitsocverot" t'ur-seul skins taken in the Muteis mentioned 
 in this Act, whether I'tiw, dressed, dyed, or niiinufactured, 
 is herehv j)roliil)ited, and all snch artick\>^ imported after 
 this Act shall take etlect shall not be permitted to ])e 
 exported. I)ut shall be seized and destroyed by the proper 
 otKcers of the I'nited States. 
 
 The l*resi(UMit shall have pi)wer to make all necessai-y Hi-Kuiations. 
 regulations to carry this Act into eli'ect. 
 
 Whenever the Government of the United States shall Jr™!;;;^'^;;;;'; 
 conclude an elh'ctive international arranu-ement for the i'"j,e(i. 
 protection of fur seals in the North Pacitic Ocean, by agree- (»v 'sia't., 1,72.) 
 ment with any power, or as a result of the decision of the 
 tribunal of arbitration under the convention concluded 
 between the United States and Great Britain Februar}'^ 
 twenty-ninth, eighteen hundred and ninety-two, and so 
 long as such arrangement shall continue, the provisions of 
 section nine tccn hundred and tifty-sixof the Revised Stat- 
 utes, and 1.11 Other provisions of the statutes of the United 
 States, so IV.r as the same may be applicabl(\ relative to the 
 protection of fur seals and other fur-bearing animals within 
 the limits of Alaska or in the waters thereof, shall be 
 extended to and over all that portion of the Pacific Ocean 
 included in suth international arrangement. 
 
 Whene\"er an etfective international arrangement is con- 
 cluded as aforesaid, it shall l)e the duty of the President to 
 declare that fact by proclamation, and to designate the 
 portion of the Pacific Ocean to which it is applicable, and 
 that this ;;ct has become operative; and likewise when such 
 arrangement ceases, to declare that fact and that this act 
 has become ino])erative, and his proclamation with respect 
 thereto shall be conclusive. 
 
 During the extension as aforesaid of said laws for the 
 protection of fur seals and other fur-bearing animals all 
 violations thereof in said designated portion of the Pacific 
 Ocean shall l>e held to be the same as if committed within 
 the limits of Alaska or in the waters thereof, but they 
 may be prosecuted either in the district court of Alaska 
 or in any district court of the United States in California, 
 Oregon, or Washington. 
 
 Whereas the following articles of the award of the ff/sH;/^?,^) 
 Tribunal of Arl)itration constituted under the treaty con- 
 cluded at \\'ashington the twenty-ninth of February, eight- 
 een hnndred and ninety-two, between the United States 
 of America and Her Majesty the Queen of the United 
 Kingdom of Great Britain and Ireland were delivered to 
 the agents of the respective governments on the fifteenth 
 day of August, eighteen hundred and ninety-three: 
 
 The governments of the United States and Great Britian -^ r « i c 1 o s of 
 shall fort)id their citizens and subjects respectively to kill, ' Art. ). 
 caj)tuie, or pursue at any time, and in any manner Avhat- 
 ever, the animals conunonly called fur seals, Avithin a zone 
 of sixty miles around the Pril)ilor Islands, inclusive of the 
 territorial waters. 
 
40 FUR-SEAL AND SALMON FISHEBIES OF ALASKA 
 
 I'he miles mentioned in the preceding paragraph are 
 geographical miles, of sixt}^ to a degree of latitud(\ 
 ■^rt- 2. The two governments shall forbid their citizens and sub- 
 
 jects respectively to kill, capture or pursue, in any manner 
 whatever, during the season extending, each }■ ear, from the 
 first of Ma}^ to the thirty-first of Juh", both inclusive, the 
 fur seals on the high sea, in the part of the Pacific Ocean, 
 'nclusive of the Bering Sea, which is situated to the north 
 of the thirty-fifth degree of north latitude, and eastward 
 of the one hundred and eightieth degree of longitude from 
 Greenwich till it strikes the water boundary described in 
 article one of the treaty of eighteen hundred and sixty- 
 seven ])etween the United States and Russia, and following 
 that line up to Bering's Straits. 
 ^rt. s. During the period of time and in the waters in which the 
 
 fur-seal fishing is allowed, only sailing vessels shall be per- 
 mitted to carry on or take part in fur-seal fishing* operations. 
 They will however be at liberty to avail themselves of the 
 use of such canoes or undecked boats, propelled hy paddles, 
 oars, or sails, as are in connnon use as fishing boats. 
 -^''- '''• Each sailing vessel authorized to fish for fur seals must 
 
 be provided with a special license issued for that purpose 
 by its Government, and shall be required to carry a dis- 
 tinguishing flag to be prescriVjed by its Government. 
 ^'''- "'• The masters of the vessels engaged in f u)--seal fishing 
 
 shall enter accurately in their oflicial log book the date and 
 place of each fur-seal fishingoperation, and also the number 
 and sex of the seals captured upon each day. These entries 
 shall be communicated })y each of the two governments to 
 the other at the end of each fishing season. 
 
 The use of nets, firearms and explosives shall be for- 
 bidden in the fur-seal fishing. This restriction shall not 
 apply to shotguns when such fishing takes place outside 
 of Behring sea, during the season when it may be lawfully 
 carried on. 
 
 The two governments shall take measures to control the 
 fitness of the men authorized to engage in fur-seal fishing; 
 these men shall have ))een proved fit to handle w ith suffi- 
 cient skill the weapons l)y means of which this fishing may 
 be carried on. 
 
 The regulations contained in the preceding articles shall 
 not apply to Indians dwelling on the coast of the territory 
 of the United States or of Great Britain, and carrying on 
 fur-seal fishing in canoes or undecked boats not trans- 
 ported by or used in connection with other vessels and pro- 
 pelled wholly by paddles, oars or sails and manned ))}' not 
 more than five persons each in the waj' hitherto practiced 
 by the Indians, provided such Indians are not in the 
 employment of other persons and provided that, when so 
 hunting in canoes or undecked boats, they shall not hunt 
 fur seals outside of territorial waters under contract for 
 the delivery of the skins to any person. 
 
 This exemption shall not be construed to afl'ect the 
 municipal law of either country, nor shall it extend to the 
 waters of Behring Sea or the waters of the Aleutian Passes. 
 
 AH. e. 
 
FUR-S15AL AND SALMON FISHERIES OF ALASKA 41 
 
 Nothing luMvin contained is intondi'd to iiitcifcic witli 
 the (Muplovinont of Iiuliiuis as iuint(M"s or otlicrwise in coii- 
 iit'ctioii witli t'ur-sealiii<i' vcssols as licretot'oiv. 
 
 The cotu'iinviit reo-ulations hereby detei-inined with a ''''■•'^' 
 view to the i)rot(H-ti()ii and preservation of tiu^ fur seals, 
 sliali remain in force until thev have been, in wiioh' or in 
 ))art. abolished or modified ])y eonnnon aj4"reement between 
 th(^ oovernments of tlic United States and of Great Britain. 
 
 The said concurrent reg'uhitions shall l)e su))niitted e\ery 
 live years to a new examination, so as to ena))lc ])oth inter- 
 ested o-overnnients to consider whether, in the lio-ht of past 
 experience, there is occasion for any modification thereof. 
 
 No citizen of the United States," or person owinp- the ^'"■'■\ enforcing 
 duty of obedient'C to the laws or the treaties of the J/jc «, ww. 
 United States, nor any pei'son beloiioino- to or on board of .s~a>.'L"'"" ''' 
 a vessel of the United States, shall kill, capture, or pur- 
 sue, at any time, or in any manner whatever, outside of 
 territorial waters, an^^ fur seal in the waters surrounding- 
 the Tribilov Islands within a zone of sixty geographical 
 miles (sixty to a degree of latitude) around said islands, 
 inclusive of the territorial waters. 
 
 No citizen of the I' nited States, or person above described *'^- ^^ 
 in section one of this act, nor any person belonging to or 
 on board of a vessel of the I'nited States, shall kill, cap- 
 ture, or pursue, in any manner whatever, during the sea- 
 son extending from the tirst day of May to the thirty-tirst 
 daA' of July, both inclusive, in each year, an}?^ fur seal on 
 the high seas outside of the zone mentioned in section one, 
 and in that part of the Pacific Ocean, including Behring 
 Sea, which is situated to the north of the thirty-tifth de- 
 gree of north latitude and to the east of the one hundred 
 and eightieth degree of longitude from Cireenwich till it 
 strikes tlie water boundary described in article one of the 
 treaty of eighteen hundred and sixt3"-seven, between the 
 United States and Russia, and following that line up to 
 Behring Straits. 
 
 No citizen of the United States or person above described, ^er. s. 
 in the tirst section of this Act, shall, during the period and 
 in the waters in which ])y section two of this Act the kill- 
 ing of fur s(>als is not prohi])ited, use or employ any ves- 
 sel, nor shall any vessel of the United States be used or 
 employed, in carrying on or taking part in fur-seal lishing 
 oj)erations, other than a sailing vessel propelled by sails 
 exclusively, and such canoes or undecked boats, propelled 
 l)V paddles, oars, or sails as may belong to, and be used in 
 connection with, such sailing vessel; nor shall any sailing- 
 vessel carry on or take part in such operations without a 
 special license obtained from the (Toverimient for that pur 
 })ose, and without carrying a distinctive flag prescribed by 
 the (xovernment for the same purpose. 
 
 Every master of a vessel licensed under this act to en- scca. 
 gage in fur-seal fishing operations shall at-curately enter 
 iu his official log book the date and place of everv such 
 
42 FUR-SEAL AND SALMON FISHERIES OF ALASKA 
 
 operation, and also the number and sex of the seals cap- 
 tured each da}"; and on coniint^ into port, and ])efore land- 
 ing cargo, the master shall verify, on oath, such official log 
 book as containing a full and true statement of the number 
 and character of his fur-seal fishing operations, including 
 the number and sex of seals captured; and for any false 
 statement willfully made l)y a person so licensed by the 
 United States in this behalf he shall be su])ject to the pen- 
 alties of perjury; and any seal skins found in excess of the 
 statement in the official log book shall be forfeited to the 
 United States. 
 
 Sec.ry. No person or vessel engaging in fur-seal fishing opera- 
 
 tions under this Act shall use or employ in any such 
 operations, any net, hrearm, airgun, or explosive: Provided 
 however, That this prohibition shall not apply to the use of 
 shotguns in such operations outside of Behring Sea during 
 the season when the killing of fur seals is not there pro- 
 hibited by this Act. 
 
 *'•''• The foregoing sections of this act shall not appfy to 
 
 Indians dwelling on the coast of the United States, and 
 taking fur seals in canoes or undecked boats propelled 
 wholly by paddles, oars, or sails, and not tiansported by or 
 used in connection with other vessels, or manned by more 
 than live persons, in the manner heretofore practiced ])y the 
 said Indians: Pror/ded, hov:evei\ That the exception made 
 in this section shall not apply to Indians in the employ- 
 ment of other persons, or who shall kill, capture, or pur- 
 sue fur seals outside of territorial waters under contract to 
 deliver the skins to other persons, nor to the waters of 
 Behring Sea or of the passes between the Aleutian Islands. 
 
 See. 7. The President shall have power to make regulations 
 
 respecting the special license and the distinctive Hag men- 
 tioned in this Act and regulations otherwise suital)le to 
 secure the due execution of the provisions of this act, and 
 from time to time to add to, modify, amend, or revoke 
 such regulations, as in his judgment may seem expedient. 
 
 ^ec- s. Except in the case of a master making a false statement 
 
 under oath in violation of the provisions of the fourth 
 section of this Act, every person guilty of a violation of the 
 provisions of this Act, or of the regulations made there- 
 under, shall for each offense be lined not less than two 
 hundred dollars, or imprisoned not more than six months, 
 or both; and all vessels, their tackle, apparel, furniture, 
 and cargo, at any time used or emploj'ed in violation of 
 this Act, or of the regulations made thereunder, shall be 
 forfeited to the United States. 
 
 *«'• ■'• A ny violation of this Act, or of the regulations made 
 
 thereunder, may l)e prosecuted either in the district court 
 of Alaska or in any district court of the United States in 
 California, Oregon, or Washington. 
 
 Sec. 10. jj; ^j^y unlicensed vessel of the United States shall be 
 
 found within the waters to which this Act applies, and 
 at a time when the killing of fur seals is by this Act there 
 
fUR-SEAL AND SALMON FISHERIES OV ALASKA' 43 
 
 prohil)ited, haviii**' on l»(»anl soal skins Oi- bodies of seals. 
 orMj)i)aratus, or iniplenients suital)i(> for Uillinti- or takino- 
 seals: or if any licenst'd \-ess(d shall he found in the waters 
 to which this Act applies, havino- on hoar I apparatus or 
 implements suitat)le foi' takiui^- seals, hut foi'ltidden then 
 and there to he used, it shall \)c presumcnl that the vessel 
 in the one ease iind the apparatus or implemeids in the 
 other was or were used in violation of this Act until it is 
 otherwise suftie'ently proved. 
 
 It shall he the duty of the President to caust> a sutiieient '^'"■- ^'■ 
 naval force to eruis(> in the watiM's to which (his Act is ap- 
 plicable to enforc(^ its ])r()\isions, and it siiall \h\ the duty 
 of the eouunandinn' olHcer of any vessel l)elon<4int>- to the 
 naval or revenue service of tlie Unit(Hl States, when so 
 instruct(>d by th(^ President, to seize and arrest all vessels 
 of the I idted States found by him to be engulfed, used, or 
 employed in the waters last aforesaid in violation of any 
 of the prohibitions of this .Vet, or of any reg-ulations made 
 thereunder, and to take the same, witliall persons on board 
 thereof, to the most convenient port in any district of the 
 Tinted States mentioned in this Act, there to be dealt with 
 accord ino' to law. 
 
 Any vt>ssel or citizen of the United States, or person *'• ^~- 
 descril)e(l in the first section of this Act, oU'ending against 
 the prohibitions of this Act or the regulations thereunder, 
 mav be seized and detained hy the naval or other duly 
 connnissioned oflicers of Her ]\lajesty the Queen of Great 
 Britain, but when so seized and detained the}^ shall be 
 delivered as soon as practicable, with any witnesses and 
 proofs on board, to any naval or revenue officer or other 
 authorities of the United States, whose coui'ts alone shall 
 have jurisdiction to try the offense and impose the pen- 
 alties for the same: J'/'m'/'dcd, h<ni'<rei\ That British ofhcers 
 shall arrest and detain vessels and persons as in this sec- 
 tion specified only after, by appropriate legislation. Great 
 Ik'itain shall have authorized officers of the United States 
 duly connnissioned and instructed by the President to that 
 end to arrest, detain, and delixer to the authorities of Great 
 Britain vessels and subjects of that Government offending 
 against any statutes or regulations of Great Britain enacted 
 or made to (Miforce the award of the treaty mentioned in 
 the title of this Act. 
 
 No person shall kill any otter, mink, mai'ten, sable, orjiJ^.^i;^''"'''"*^ 
 fur-seal, or other fur-l)earing animal within the limits of \^r)'%,,, 
 Alaska Territory, or in the Avaters thereof; and every per- \ao stat.'^'iVrii.) 
 son guilty thereof shall, for each offense, be fin(^d not less *^- -''''• 
 than two hundred nor more than one thousand dollars, or 
 imprisoned not more th;in six months, or ))oth; and all 
 vessels, tluMr tackle, apparel, furniture and cargo, found 
 engaged in violation of this section shall be forfeited; but 
 the Secretary of Commerce and Lal)or shall have power to 
 authorize the killing of any such ndidv, marten, sable, or 
 
44 FUE-SEAL AND SALMON FISHERIES OP ALASKA. 
 
 other fur-bearing animal, except fur-seals, under such regu- 
 lation as he ma}^ prescrilje; and it shall be the duty of the 
 Secretary of Commerce and Laboi' to prevent the killing 
 of any fur-seal, and to provide for the execution of the pro- 
 visions of this section until it is otherwise provided by law; 
 nor shall he grant special privileges under this section. 
 inciudJi"^ ^""^ Section nineteen hundred and tifty-six of the Revised 
 Mar.ii,'iss!i Statutes of the United States is hereby declared to include 
 El'rf."'" ^'^"'^'^ i^iitl apply to all the dominion of the United States in the 
 waters of Behring Sea; and it shall be the duty of the 
 President, at a timely season in each year, to issue his 
 proclamation and cause the same to be published for one 
 month in at least one newspaper if any such there l)e pub- 
 lished at each United States port of entry on the Pacific 
 coast, warning all persons against entering said waters for 
 the purpose of violating the provisions of said section; and 
 he shall also cause one or more vessels of the United States 
 to diligently cruise said waters and arrest all persons, and 
 seize all vessels found to be, or to have been, engaged in 
 any violation of the laws of the United States therein. 
 
 Gew^e MaSdf' '^^^ islands of Saint Paul and Saint George, in Alaska, 
 R. s., 1959. ^' are declared a special reservation for Government purposes ; 
 (so'sfatfilk) ^^^ ^^^"til otherwise provided b}^ law it shall be unlawful 
 Hec. m.' for an}^ person to land or remain on either of those islands, 
 except by the authority of the Secretary of Conmierce 
 and Labor; and any person found on either of those islands 
 contrary to the provisions hereof shall be sunnnarily re- 
 moved; and it shall be the duty of the Secretary of War 
 to carry this section into efiect. 
 .^Unlawful seal- jt yhall be Unlawful to kill any fur-seal upon the islands 
 jj. s., 1960.^ of Saint Paul and Saint George, or in the waters adjacent 
 (IS ktat.%^) thereto, except during the months of June, July, Septem- 
 fm'stat^^fsho ) ^^^^' ^"^^ October in each year and it shall be unlawful 
 Sec. m'.' ~ to kill such seals at any time by the use of tire-arms, or by 
 other means tending to drive the seals away from those 
 islands; but the natives of the islands shall have the priv- 
 ilege of killing such young seals as may be necessary for 
 their own food and clothing during other months, and also 
 such old seals as may be required for their own clothing, 
 and for the manufacture of l)oats for their own use; and 
 the killing in such cases shall be limited and controlled by 
 such regulations as may be prescribed by the Secretary of 
 Commerce and Labor. 
 R. >i.,i96i. It shall be unlawful to kill any female seal, or an}^ seal 
 
 \3ostat.''.i2so.) ^Pss than one year old, at an}'^ season of the year, except as 
 sec.ns. above provided; and it shall also be unlawful to kill any 
 
 seal in the waters adjacent to the islands of Saint Paul 
 and Saint George, or on the beaches, clifl's, or rocks where 
 they haul up from the sea to remain; and ever}' person who 
 violates the provisions of this or the preceding section 
 shall ])e punished for each oii'ense by a fine of not less than 
 two hundred dollars nor more than one thousand dollars, 
 or by imprisonment not more than six months, or by both 
 
FUK-SKAL AND SALMON FISUKKIKS OF ALASKA 45 
 
 .siu'li lino aiul impiisonnuMit; uiid all vosschs, tlicir taoklo, 
 appaivl, and t'urnituro, who.sc crew.s arc found enj^'aood in 
 the violation of oitluM' this or the proccding- section, shall 
 bo forfoitod to tho Unitod States. 
 
 When tho lease herotofore made by th(> Secri^tary of lAfisinKof i>ri- 
 the Treasiuv to '•'The Alaska C'oninieicial (\)ini)aiiy/' of ])^k, im.i 
 tho ri*iht to oni^aye in takiiiij" fur-seals on the islands of 
 Saint Paul and Saint Ctooi-oc, pursuant to the act of July 
 one, one thousand oioht hundrod and seventy, ehapter one 
 hundred and eio-hty-nino, \li. S. l!»r)T, IJIOO-lUTl, 5293J or 
 ^vhen any futui'o similar lease expires, or is surrendered, 
 forfeited, or terminated, tho Socrotar}" of Connucrce and 
 Labor shall k^ise to proper and responsil)le parties, for the 
 best advantage of the United States, havino- (hu> reuai'd to 
 tho interests of tho GovernnuMit, the native inhal)ita)its, 
 their comfort, maintenance, and education, as well as to 
 the interests of tho parties heretofore engaged in trade 
 and thoi)rotoction of the lisheries,the right of taking- fur- 
 seals on the islands heroin named, and of sending a vessel 
 or vessels to tho islands for the skins of such seals, for the 
 term of twenty years, at an annual rental of not less than 
 tiftv thousand dollars, to be reserved in such lease and 
 secured by a deposit of United States 1)onds to that amount: 
 and every such lease shall 1)0 duly executed in duplicate, 
 and shall not be transfera])le. 
 
 Tho Secretary of Commerce and Labor shall take from ^]'."\^^ "/Jf^^""^^^- 
 the lessees of such islands in all cases a bond, with secur- 
 ities, in a sum not less than live hundred thousand dollars, 
 conditioned for the faithful observance of all the laws and 
 requirements of Congress, and the regulations of the Sec- 
 retary of Commerce and Labor, touching the taking of 
 fur-seals and the disposing of tho same, and for the pay- 
 ment of all taxes and duos accruing to the United States 
 connected therewith. 
 
 No persons other than American citizens shall be per- -R- '''•• ^'"'■^■ 
 mitted, ))y lease or otherwise, to occupy the islands of Saint 
 Paul and Saint George, or either of them, for the purpose 
 of taking the skins of fur-seals therefrom, nor shall any 
 foreign vessels be engaged in taking such skins; and the 
 Secrotar}' of Connnerce and Labor shall vacate and declare 
 anj' lease forfeited if the same be held or operated for the 
 use, benefit, or advantage, directly or indirectly, of any 
 persons other than American citizens. 
 
 P^very lease shall contain a covenant on the part of the^ spuituous li- 
 lessee that ho will not keep, sell, furnish, give, or dispose R.'H.,i'.m. 
 of any distilled spirits or spirituous litjuors on either of 
 those islands to any of the natives thereof, such person 
 not being a physician and furnishing the same for use as 
 medicine; and every revenue ofliccn-, officially acting as 
 such, on either of tlie islands, shall siezo and dosti'oy any 
 distilled or spiiituous liijuors found thereon; but such offi- 
 cer shall make detailed r(^ports of his doings in that matter 
 to the collector of the port. 
 
46 
 
 FUK-SEAL AND SALMON FISHEKIES OF ALASKA 
 
 Trespassers. 
 £. ,S., 1967. 
 
 Exceeding 
 
 gui number. 
 
 Ji. S., 1V6H. 
 
 Revenue tax. 
 
 Alaska i 
 agents. 
 R. ,s., iyr.i 
 
 R. S., 1971,. 
 
 Eveiy person who kills any fur-seiil on either of those 
 isliinds, or in the waters adjacent thereto, without author- 
 ity of the lessees thereof, and e\'ery person who molests, 
 distur])S, or interferes with the lessees, or either of them, 
 or their agents or emplojxs, in the lawful prosecution of 
 their business, under the provisions of this chapter, shall 
 for each ofl'ense lie punished as prescribed in section nine- 
 teen hundred and sixty-one; and all vessels, their tackle, 
 apparel, appurtenances, and cargo, w^hose crews are found 
 engaged in any violation of the provisions of sections nine- 
 teen hundred and sixty-live to nineteen hundred and sixty- 
 (Mght, inclusive, shall be forfeited to the United States. 
 
 If any person or company, under an}' lease herein au- 
 thorized, knowinglv kills, or permits to be killed, any . 
 number of seals exceeding the mimber for each island in 
 this chapter prescribed, such person or company shall, in 
 addition to the penalties and forfeitures herein pro^'ided, 
 forfeit the whole number of the skins of seals killed in 
 that year, or, in case the same have been disposed of, then 
 such person or company shall forfeit the value of the same. 
 
 In addition to the annual rental required to be reserved 
 in every lease, as provided in section nineteen hundred and 
 sixty-three, a revenue tax or duty of two dollars is laid 
 upon each fur-seal skin taken and shipped from the islands 
 of Saint Paul and Saint George, during the contimiancc 
 of any lease, to l)e paid into the Treasury of the United 
 States; and the Secretary of Commei'ce and Labor is em- 
 powered to make all needful regulations for the collection 
 and payment of the same, and to secure the comfort, main- 
 tenance, education, and protection of the natives of those 
 islands, and also to carry into full effect all the provisions 
 of this chapter except as otherwise prescri])ed. 
 
 The Secretary of Commerce and Lalior may terminate 
 any lease given to any person, company, or corporation on 
 full and satisfactor}" proof of the violation of any of the 
 provisions of this chapter or the regulations established 
 by him. 
 
 The lessees shall furnish to the several masters of vessels 
 employed b}' them certified copies of the lease held by them 
 respectively, which shall be presented to the go\ernment 
 revenue-oificer for the time being wdio may be in charge 
 at the islands as the authority of the party for landing and 
 taking skins. 
 ill The Secretary of Conmierce and Lal)or is authorized to 
 appoint one agent and three assistant agents, who shall be 
 charged w4th the management of the seal fisheries in Alaska, 
 and the performance of such other duties as may be assigned 
 to them by the Secretary of C/ommerce and La))or. 
 
 The agent shall receive the sum of ten dollars each da}', 
 one assistant agent the sum of eight dollars each day, and 
 two assistant agents the sum of si.\ dollars each day while 
 so employed; and they shall also be allowed their neces- 
 sary traveling expenses in going to and returning from 
 Alaska, for which expenses vouchers shall be presented to 
 
UNI'. . 
 FUR-SEAL AND SALMON FISHERIES OF ALASKA 47 
 
 r. 
 
 tlir projji'r iU'couiitiu};' otticors of the Treu.surv. ;iiul such 
 expiMiscs shall not exceed in the ao-gregatc six hundred 
 dollars each in any one year. 
 
 Such ajivnts shall never bo interested, directl}' or indi- a-, n., ;.-«. 
 rec'tlv. in any lease of the riuht to take seals, nor in an}' 
 })r()ceeds or profits thereof, either as owner, ai^'ent. partner, 
 or otherwise. 
 
 Sueh aijcnts ai'e eni})o\vered to achninister oaths in all j<.s.,i'j76. 
 eases relatiiiu' (o the service of the United States, and to 
 take testimony in Alaska for the use of the Government in 
 any matter eoneerning the public revenues. 
 
 The <>-overnor [of Alaska] shall from time to time inquire Report tocon- 
 into the operations of any person, company, association, or j„„g« ^y^^ 
 corporation authorized bv the United States, ])y contract or {^J^^^*^^-' ^"-^ 
 otherwise, to kill seal or other fur-bearino- animals in the 
 district, and any and all violations by such person, com- 
 l^any. association, or corporation of the agreement with the 
 United States under ^vhich the operations are being con- 
 ducted, and sli:dl annually report to Congress the result of 
 such iiit|uiries. 
 
 SALMON' FISHERIES. 
 
 The erection of dams, barricades, tish wheels, fences, or Aiaskn salmon 
 any such fixed or stationary obstructions in any part of Va"Ti«9y 
 the rivers or streams of Alaska, or to fish for or catch sal- {so stat, izm.) 
 mon or salmon trout in any manner or by any means, with '^'^•^'^^■ 
 the purpose or result of preventing or impeding the ascent 
 of salmon to their spawning ground, is hereby declared to 
 be unlawful, and the Secretary of Commerce and Labor 
 is hereby authorized and directed to remove such obstruc- 
 tions and to establish and enforce such regulations and 
 surveillance as may be necessary to insure that this prohi- 
 bition and all other provisions of law relating to the salmon 
 fisheries of Alaska are strictly complied with. 
 
 It shall be unlawful to tish, catci'h, or kill any salmon of . unlawful fish- 
 any variety except M'ith rod or spear above the tide Avaters ^ '!^/^. _;^,y 
 of any creeks or rivers of less than live hundred feet v.idth 
 in the Territory of Alaska, except ohh' for purposes of 
 propagation, or to lay or set any drift net, set net, trap, 
 pound net, or seine for any purpose across the tide waters 
 of any river or stream for a distance of more than one- 
 third of the width of such river, stream, or channel, or la}^ 
 or set a!iv seine or net within one hundred 3'ards of any 
 other net or seine which is being laid or set in said stream 
 or cliamud, or to take, kill, or tish for salmon in any man- 
 ner or by any means in any of the waters of the Territory 
 of Alaska, (>ither in the streams or tide waters, except 
 Cook Inlet, Prince William Sound, Bering Sea, and the 
 waters tril)utary thereto, from midnight on P^riday of each 
 week until six o'clock antemeridian of the Sunday follow- 
 ing; or to tish for or catch or kill in tuiy manner or on 
 any ap))liance except by rod or speai" any salmon in any 
 stream of less than one hundred yards in width in the said 
 Territorv of Alaska between the hours of six o'clock in 
 
48 
 
 FUR-SEAL AND SALMON FISHERIES OF ALASKA 
 
 Close seasons. 
 Sec. isi. 
 
 Inspectors 
 fisheries. 
 Sec. 182. 
 
 Penalty. 
 
 Sec. 1S3. 
 
 the evening and six o'clock in the morning- of the following 
 day of eac^h and every day of the week. 
 
 The Secretary of Commerce and Labor may, at his dis- 
 cretion, set aside any streams as spawning grounds, in 
 which no fishing will l)e permitted; and when, in his judg- 
 ment, the results of fishing operations on an^^ stream indi- 
 cate that the numl^er of salmon taken is larger than the 
 capacity of the stream to produce, he is authorized to 
 establish weekly close seasons, to limit the duration of the 
 fishing season, or to prohibit fishing entirely for one year 
 or more, so as to permit salmon to increase: Provided^ 
 however^ That such power shall be exercised only after 
 all persons interested shall have been given a hearing, of 
 which hearing due notice must ])e given l)y publication: 
 And provided. fui'tJ)et\ That it sliall have been ascertained 
 that the persons engaged in catching salmon do not main- 
 tain fish hatcheries of sufficient magnitude to keep such 
 streams fully stocked. 
 of To enforce the provisions of law herein and such regu- 
 lations as the Secretary of Commerce and Labor may 
 establish in pursuance thereof, he is authorized and 
 directed to appoint one inspector of fisheries, at a salary 
 of one thousand eight hundred dollars per annum, and 
 two assistant inspectors, at a sahay of one thousand six 
 hundred dollars each per annum; that he will annually 
 submit to Congress estimates to cover the salaries and 
 actual traveling expenses of the officers [hereb}"] authorized 
 and for such other expenditures as may be necessary to 
 carry out the provisions of the law herein. 
 
 Any person violating the provisions of sections one 
 hundred and seventy nine, one hundred and eighty, and 
 one hundred and eighty-one of this act or the regulations 
 esta))lished in pursuance of section one hundred and 
 eighty-two of this act shall, upon conviction thereof, be 
 punished by a line not exceeding one thousand dollars or 
 imprisonment at hard labor for a term not exceeding 
 ninety days, or both such fine and imprisonment, at the 
 discretion of the court; and, further, in case of the viola- 
 tion of any of the provisions of section one hundred and 
 seventy-nine, and conviction thereof, a further fine of two 
 hundred and fifty dollars per diem will be imposed for 
 each day that the obstruction or obstructions therein are 
 maintained. 
 
 i 
 
CHAT^TER IV 
 BUREAU OF CORPORATIONS 
 
 ''There shall bo in the Depurtnient of Commerce and fs^'slat ^^8^7 ) 
 Labor a bureau to l)e called the Bureau of Corporations, *<•."«. 
 and a Commissioner of Corporations who shall be the commissioner. 
 head of said bureau, to be appointed by the President, 
 who sliall receive a salary of Hve thousand dollars per 
 annum. There shall also j)e in said bui'oau a d(>putv com- Deputy com- 
 missioner, who sliall r(H-ei\e a salaiy of three thousand 
 five hundred dollars pci" annum, and who shall in the ab- 
 sence of the Commissioner act as, and perform the duties of, 
 the Conunissioner of Corporations, and who shall also per- 
 form such other duties as may l)e assigned to him by the 
 Secretary of Conmierce and Labor or by the said Com- 
 missioner. There shall also l)e in the said bureau a chief Employees. 
 clerk and such special agents, clerks, and other employees 
 as ma}' be authorized l)y law. 
 
 The said Commissioner shall have power and authority pxuies of com- 
 to make, under th(^ dii'ection and control of the Secretary ™^*^'°"'^'^' 
 of Connnerce and Labor, diligent investigation into the 
 organization, conduct, and management of the business of 
 any corporation, joint stock company or corporate com- 
 bination engaged in connnerce am<^ng the several States 
 and with foreign nations excepting connnon carriers sub- 
 ject to ""An act to reo-ulate connnerce," a})prov(Hl February corporations 
 fourth, eighteen hundred and eighty-seven, and to gather ^^*^^^ '^ 
 such information and data as will enable the Pi'esident of 
 the United States to make reconnnendations to Congress 
 for legislation for the regulation of such connnerce, and to 
 report such data to the President from time to time as he 
 shall require; and the information so o])tained or as much 
 thereof as the President may direct shall be made public. 
 
 In order to accom])lish the purposes declared in the fore- ^o.wer of com- 
 
 .J..,- ^,. ii ^ -i/i • • I 11 1 micsioner. 
 
 gomgpartof this section, the said Commissioner sliall have 
 and exerci.se the same power and authority in respect to 
 corporations, joint stock companies and combi nations sul)- 
 ject to the provisions hereof, as is conferred on the Inter- 
 state Commerce Commission in said "Act to regulate 
 conmierce " and the amendments thereto in respect to com- 
 mon carriers so far as the same may l)e applicable, includ- 
 ing the right to subpcena and compel the attendance and 
 testimony of witnes.ses and the production of documentary wunesses""^^"^ 
 evidence and to administer oaths. All the iHMjuirements, 
 obligations, liabilities, and immunities imposed or conferred 
 by said '"Act to regulate commerce" and bj^ ''An Act in 
 
 "The personnel of the Bureau is provided in appropriation act on 
 page 32. 
 
 27628—04 4 49 
 
50 BUEEAU OF COKPOEATIONS 
 
 relation to testimon}^ before the Interstate Commerce Com- 
 mission," and ,so fortli, approved February eleventh, eight- 
 een hundred and ninetv-three, supplemental to said '""Act 
 to regulate commerce," shall alsoappl}^ to all persons who 
 ma}^ be subpoenaed to testify i\H witnesses or to produce 
 documentary evidence in pursuance of the authority con- 
 ferred by this section. 
 Useful infor- It shall also be the province and dut}- of said bureau, 
 implied.'" '^^ under the direction of the Secretary of Conmierce and 
 Labor, to gather, compile, publish, and supply useful in- 
 formation concerning corporations doing business within 
 the limits of the United States as shall engage in interstate 
 commerce or in commerce ])etween the United States and 
 Insurance cor- any foreign countrv, including corporations engaged in 
 "'° '""° insurance, and to attend to such other duties as may be 
 
 hereafter provided by law. 
 
 porations. 
 
 ''regulation of commerce 
 Carriers and ''pj^g provisious of this act shall appl v to any common 
 
 transportation .1 . i • ^i v_ ^ • 
 
 affected. carrier or carriers engaged in the transportation or pas- 
 
 m'statTs79.) sengers or property' wholly by railroad, or parti}' by rail- 
 sec.iinpart. ^q.^^ and partly by water when both are used, under a 
 common control, management, or arrangement, for a con- 
 tinuous carriage or shipment, from one State or Territory 
 of the United States, or the District of Columbia, to any 
 other State or Territory of the United States, or the Dis- 
 trict of Columbia, or from any place in the United States 
 to an adjacent foreign country, or from any place in the 
 United States through a foreign countrv to any other place 
 in the United States, and also to the transportation in like 
 manner of property shipped from any place in the United 
 States to a foreign country and carried from such place to 
 a port of transshipment, or shipped from a foreign coun- 
 try to aii}^ place in the United States and carried to such 
 place from a port of entry either in the United States or 
 an adjacent foreign countiy: ProvUled^ however. That the 
 provisions of this act shall not apply to the transportation 
 of passengers or property, or to the receiving, delivering, 
 storage, or handling of property, wholly within one State, 
 and not shipped to or from a foreign countrv from or to 
 any State or Territory as aforesaid. 
 
 .^'A^>f}}l?^r^}i^ The term "railroad" as used in this act shall include all 
 
 and "transporta- , . _ i ,. • i i • • • i 
 
 tion" defined, bridges and femes used or operated m connection with any 
 
 railroad, and also all the road in use by any corporation 
 
 operating a railroad, whether owned or operated under a 
 
 contract, agreement, or lease ; and the term ' ' transportation" 
 
 shall include all instrumentalities of shipment or carriage. 
 
 uies^^of°^rat^^s EvciT coiiimon carrier subject to the provisions of this 
 
 filed. act shall tile with the Commission hereinafter provided for 
 
 as awcjiied^ar! copies of its schedulcs of ratcs, fares, and charges which 
 
 ^'i25%tat s.'is) h^'^'G been established and published in compliance with 
 
 the requirements of this section, and shall promptly notify 
 
 said Commission of all chaup-es made in the same. Everv 
 
 I 
 
 «The portions of the interstate-commerce laws, here given, are evi- 
 dently applicable to the Bureau of Corporations. 
 
BUREAU OF COKroKATIONS 51 
 
 siK'li common cjirrier shall also file with said (Commission 
 copies of all contracts, at^n'omcnts, or arrano'cmcnts with ,., j^,^ ,,,• ,.y„. 
 other common carriiM's in relation to any ti'afiic atl'cctcd by tnutscici. 
 the provisions of this act to which it may he a party. And 
 in cases ■\vhere passcn^'crs and frcitiht pass over continuous 
 lines or routes operated hy more than one common carrier, 
 and the several common carriers operating such lin(\s or 
 routes establish joint tariffs of rates or fares or charges 
 for such continuous lines or routes, copies of such joint 
 tariffs shall also, in like manner, be iilcd with said Com- 
 mission. * * * 
 
 The Connnission mav determim^ and prescribe the form eommission 
 m which the scheduli^s reifuired by tins section ^ * ^ ,„pn,^ „f n,.hed- 
 shall be prepared and arranged, and may change the form "i^^"' "^ ratoM. 
 from time to time as shall be found expedient. 
 
 If any such common carrier shall negh^ct or refuse to 
 tile * * * its schedules or tariffs of rates, fares, and 
 charges as provided in this section, or any part of the same, 
 such connnon carrier shall, in addition to other penalties ivimiues for 
 herein prescri])ed, be subject to a writ of mandamus, to "f^'eia to lUe 
 be issued ))y any circuit court of the United States in the 
 judicial district wherein the principa4 office of said com- 
 mon carrier is situated, or wherein such offense may be 
 committed, and if such common carrier l)e a foreign cor- 
 l)oration in the judicial circuit wherein such common car- 
 rier accepts traffic and has an agent to perform such service, 
 to compel compliance with the aforesaid provisions of this 
 section; and such writ shall issue in the name of the peo- 
 ple of the United States, at the relation of the Commis- 
 sioners appointed under the provisions of this act; and the 
 failure to comply with its requirements shall be punish- 
 able as and for a contempt; and the said Commissioners, 
 as complainants, ma}' also apply, in any such circuit court 
 of the United States, for a writ of injunction against such 
 common carrier, to restrain such common carrier from 
 receiving or transporting property among the several 
 States and Territories of the United States, or between 
 the United States and adjacent foreign countries, or 
 between ports of transshipment and of entry and the sev- 
 eral States and Territories of the United States, as men- 
 tioncnl in the first section of this act, until such common 
 carrier shall have complied with the aforesaid provisions 
 of this section of this act. 
 
 Any common carrier subject to the provisions of this Penalties for 
 
 i " 1 1 • '■' ,. violations of act. 
 
 act, or, whenever such common carrier is a corporation, .sw. lo. in part 
 any director or officer thereof, or any receiver, trustee, "," 1'^!!,','"'"' "-"• 
 lessee, agent, or person, acting for or emplo^-ed by such ' {^5,stat.,s57.) 
 corporation, who, alone or with any other corporation, 
 com])any, person, or party, shall willfully do or cause to 
 be (lone, or shall willingly suffer or permit to be done, 
 any act, matter, or thing in this act prohibited or declared 
 to be unlawful, or who shall aid or at)et therein, or shall 
 willfully omit or fail to do any act, matter, or thing in 
 this act required to be done, or shall cause or willingly 
 
52 BUREAU OF CORPORATIONS 
 
 suffer or permit any act, matter, or thing- so directed or 
 required by this act to be done not to be so done, or shall 
 aid or al)et any such omission or failure, or shall be guilty 
 of any infraction of this act, or shall aid or abet therein, 
 shall be deemed guilty of a misdemeanor, and shall, upon 
 conviction thereof in any district court of the United States 
 within the jurisdiction of which such offense was com- 
 mitted, be subject to a fine of not to exceed five thousand 
 dollars for each offense. * '^^ * 
 
 Power and ^he Commission hcrebv created shall have authoritv to 
 
 duty of Commis- . • • . .1 ' i j^ xU i • i? 1 1 
 
 sion. inquii'e into the management ot the busuiess of all common 
 
 amended^ Ji'ar. ''I, ^'^'^'^'^^'^'^ su))ject to the provisions of this act. and shall keep 
 ^^l%stat 858) i^^^^^ informed as to the manner and method in which the 
 Feb'.io,'i89i.' same is conducted, and shall have the right to obtain from 
 (26 Stat., 7/,3.) g^^^;]^ conuuon carriers full and complete information neces- 
 sary to enable the Commission to perform the duties and 
 carry out the ol)jects for which it was created; and the 
 Commission is hereby authorized and required to execute 
 and enforce the provisions of this act; and, upon the 
 District attor- rcqucst of tlic Couiuiission, it shall be the dutv of any 
 "'^^■'•'P''"""'^"*^'- district attorney of -the Unifed States to whom the Com- 
 mission may apply to institute in the proper court and to 
 prosecute under the direction of the Attornev-General of 
 the United States all necessary proceedings for the enforce- 
 ment of the provisions of this act, and for the punishment 
 penses^ o Uprose- ^^ ^^^ violations thereof; and the costs and expenses of such 
 cntion. prosccution shall l)e paid out of the appropriation for the 
 
 qvUre"^ attend- cxpcnscs of the courts of the United States; and for the 
 ance, etc. purposes of tliis act the Connuission shall have power to 
 
 require, by subpoena, the attendance and testimony of wit- 
 nesses and the production of all 1)0()ks, papers, tariff's, 
 contracts, agreements, and documents relating to any 
 matter under investigation. 
 Aid <;f courts to Sucli attendance of witnesses, and the i^roduction of such 
 
 compelwitnesses -, , . -, , • i ,• 1 
 
 to attend. documentary evidence, may be required from any place 
 
 in the United States, at any designated place of hearing. 
 And in case of disobedience to a subpcena the Commission, 
 or any party to a proceeding before the Commission, may 
 invoke the aid of any court of the U^nited States in requir- 
 ing the attendance and testimony of witnesses and the pro- 
 duction of books, papers, and documents under the provi- 
 sions of this section. 
 Penalty fordis- x^\\A any of tlic cii'cuit courts of the United States within 
 
 obedience. . 1 • • V- . • e 1 • 1 1 • • • • i 
 
 the jurisdiction ot which such mquiiy is carried on mav, in 
 case of contumacy or refusal to obey a subpcena issued to 
 any common carrier subject to the provisions of this act, or 
 other person, issue an order retiuiring" such common carrier 
 or other person to appear before said Commission (and pro- 
 duce books and papers if so ordered) and give evidence 
 touching the matter in question; and any failure to ol)ey 
 such order of the court may be punished l)y such court as 
 a contempt thereof. The claim that any such testimony or 
 evidence may tend to criminate the person giving such 
 evidence shall not excuse such witness from testif ving; but 
 
BUREAU OF CORPORATIONS 53 
 
 if tli<» 'IVstiiiioiiy by 
 
 such i'\ idciu-o or ti'stinioiiy shall not ho used against such 
 poison on tho trial of any criminal piocoodino-. 
 
 Tho testimony' of any witness may ho taken, ; 
 instance of a i)arty, in any procoeding or invostij^ation 
 doptMidiny hoforo tho Commission, l)y deposition, at any 
 time after a cause or procoodino- is at issue on ])etiti()n and 
 answer. The Commission may also order t(>stimony to ho 
 laktMi liy deposition in any procoodino- or investi<;ati()n 
 jiendino- heforo it, at any sla^o of such ])roc(M>dino- or inx cs- 
 tit^ation. Such depositions may 1»(^ taken Ixd'oro any judt^o 
 of any court of the United States, or any commissioner of a 
 circuit, or any clerk of a district or circuit court, or any 
 chancellor, justice, or judoe of a supreme or superior court, 
 mayor or chief mao'istrato of a city, judge of a county court, 
 or court olcommon pleas of any of the United States, or 
 any notary pu))lic, not beino- of counsel or attorney to eit her 
 of the parties, nor interested in the o\ontof the proceeding 
 or investigation. Koasonal)lo notice nuist first he given in 
 writing by the party or his attorney proposing to take sucli 
 deposition to the opposite party or his attorney of record, 
 as either may 1)0 nearest, which notice shall state the name 
 of the witness and the time and place of the taking of his 
 deposition. Any person may be compelled to appear and 
 depose, and to produce documentar}' evidence, in the same 
 manner as witnesses may be compelled to appear and tes- 
 tify and produce documontar}' evidence before the Com- 
 mission as hereinbefore provided. 
 
 Every person deposing as herein provided shall be can- iHg^eposit'in'ni^ 
 tionod and sworn (or athrm, if he so request) to testify the 
 whole truth, and shall 1)0 carefully examined. His testi- 
 mony shall be reduced to writing by the magistrate taking 
 the deposition, or under his direction, and shall, after it has 
 ))een reduced to writing, })e subscri})ed by the deponent. 
 
 If a witness wdiose testimony may bo desired to 1)0 taken foreig^Tniiurv" 
 by deposition bo in a foreign country, the deposition may 
 be taken before an officer or person designated l)v the Com- 
 mission, or agreed upon by the parties by stipulation in Depositions 
 writing to be tiled with tho Commission. All depositions comndsiion. 
 nnist be promptly tiled with tho Commission. 
 
 Witnesses whose depositions are taken pursuant to this^g^m^^^/jj ^^; 
 act, and the magistrate or other officer taking the same, istrates. 
 shall severally be entitled to the same fees as are paid for 
 like services in the courts of the United States. 
 
 Any person, tirm, corporation, or association, or fmy (.^^j'^™?'^]!"/'' *" 
 mercantile, agricultural, or mamifacturing socic't}^ or any Sec. is. 
 body politic or municipal organization complaining of any- 
 thing done or omitted to be done by an}^ connnon carrier 
 subject to the provisions of this act in contravention of 
 the provisions thereof, may apply to said Commission by 
 petition, which shall l)riofly state tho facts; whereupon a 
 statement of the charges thus nuuh; shall 1)0 forwarded by 
 tho Connnission to such conunon carrier, who shall be called 
 upon to satisfy the com])laint oi" to answer tho same in 
 writing within a reasonable tin!(\ to be specitiod by the 
 
54 BUREAU OF CORPORATIONS 
 
 of!?.mS\l^'.y^'0"""i'^'^i^"- * * * ^^ «^i^"l* currier .shiill not stitisfy 
 uio Commission, the eoiiiplaiiit within the time specified, or there shall 
 appear to be any rcasona))le ground for investigating- said 
 complaint, it shall l)e the dut}" of the Commission to inves- 
 tigate the matters complained of in such manner and by 
 such means as it shall deem proper. 
 Complaints by gaid Commission shall in like manner investigate any 
 
 state railroad i-.<- iii^i -i t •• •! 
 
 commissions. complamt lorwardcd by the rauroad commissioner or rail- 
 road commission of any State or Territory, at the request 
 of such commissioner or commission, and may institute 
 any inquiry on its own motion in the same manner and to 
 the same effect as though complaint had l)een made. 
 
 No complaint shall at any time be dismissed because of 
 the absence of direct damage to the complainant. 
 
 repo™taves°tj'g!i° Whenever an investigation shall be made by said 
 ^'"s"^' •/ Commission, it shall be its duty to make a report in writing 
 
 as aviended ^Mar. in respcct thereto, which shall include the findings of 
 ^' i25%tat., 859.) fact upon which the conclusions of the Commission are 
 Finding's are basccl, * * * and such findings so made shall there- 
 
 pnma facie evi- ,., • ii • i- • i t i i i • j- • 
 
 dence. after, lu all judicial proceedings, he deemed prima facie 
 
 evidence as to each and every fact found. 
 
 uniVd st"t*° Whenever any common carrier, as defined in and sub- 
 courts, ject to the provisions of this act, shall violate, or refuse 
 as^amendldmr. ^i' neglect to obcy or i)erform any lawful order or re({uire- 
 ^' ^f ^^^ . „ ^ ment of the Commission created by this act, not founded 
 
 (25 Stat., 859.) . . . '. ■ 1 T • 
 
 upon a controversy requiring a trial b}- ]ury, as pro- 
 vided by the seventh amendment to the Constitution of 
 the United States, it shall be lawful for the Commission 
 or for any company or person interested in such order or 
 requirement, to apply in a summary way, by petition, 
 to the circuit court of the United States sitting in equity 
 in the judicial district in which the common carrier com- 
 plained of has its principal office, or in which the vio- 
 lation or disobedience of such order or requirement shall 
 happen, alleging such violation or disobedience, as the case 
 may be; and the said court shall have power to hear and 
 determine the matter, on such short notice to the common 
 Pow e r of carrier complained of as the court shall deem re!tsoiial)le; and 
 courts.*^ ^^^^'^^ such notice may be served on such common carrier, his or 
 its officers, agents, or servants in such manner as the court 
 shall direct; and said court shall proceed to hear and de- 
 termine the matter speedily as a court of equity, and with- 
 out the formal pleadings and proceedings applicable to 
 ordinal'}^ suits in equity, but in such manner as to do justice 
 in the premises; and to this end such court shall have i)ower. 
 if it think fit, to direct and prosecute in such mode and by 
 such persons as it may appoint, all such inquiries as the 
 court may think needful toena1)le it to form a just judgment 
 in the matter of such petition; and on such hearing the 
 
 .dma'facie^evf ^'^*^^^"8''' ^^ ^'^^'^ ^" ^^^ report of Said Commissiou shall be 
 
 dence. prima facie evidence of the matters therein stated; and if it 
 
 be made to appear to such court, on such hearing or on 
 
 report of any such person or persons, that the lawful order 
 
 or requirement of said Commission drawn in question 
 
BUREAU OF CORPORATIONS 55 
 
 lias hciMi \ iolatod or disolx'ViMl, it sliall We lawlul I'oi' 
 such court to issue a writ of iiijuuctioM <>i" other pro))Prj„)),.[/,,'„'*,,"/,,,jJ,'^ 
 process, inaiulatorv or other\vis(>, to restrain such com- ("•""■y^'s uguinst 
 inon carrier from further continuing such vioUition or (lis- *'""'^'''"'- 
 ol)e(lience of such orderor re(|uirenient of saidConnnission, 
 and enjoinino* obedience to the same; and in case of any 
 disobedience of any such writ of injunction or other ])rop(M" 
 pi-ocess. mandatory or otherwise, it shall be lawful for such 
 court to issu(^ writs of attachment, or any otiier ])rocess of 
 said court incident or a])plicable to writs of injunction or 
 other j)roper ])rocess. mandatory or otherwise, a^'ainstsuch 
 conunon carrier, and if acorporation, ag-ainstone ormore of 
 the directors, otticers. or ao-ents of the same, or aoainst any 
 owner, lessee, trustee, receiver, or other person failing to 
 obey such writ of injunction, or other proper process, man- 
 datory or otherwise; and said court may, if it shall think 
 tit, make an order directing such common carrier or other 
 person so disol)eying such writ of injunction or other proper 
 process, mandatory or otherwise, topay such sum of money. Punishment 
 not exceeding for each carrier or person in default the sum obe>^vdt.s ol in^ 
 of five hundred dollars for every da3% after a day to beJ""*^^^""- 
 named in the order, that such carrier or other person shall 
 fail to obey suih injunction or other proper process, man- 
 datory or otherwise; and such moneys shall be paj'able as 
 the court shall direct, either to the party complaining or 
 into court, to abide the ultimate decision of the court, 
 or into the Treasury; and pa3mient thereof may, without 
 prejudice to any other mode of recovering the same, be 
 enforced by attachment or order in the nature of a writ of 
 execution, in like manner as if the same had l)een recovered 
 by a final decree in personam in such court. When the 
 subject in dispute shall be of the value of two thousand 
 dollars or more, either party to such proceeding before said 
 court may appeal to the Supreme Court of the United j.^yPP^f-ourt^oi 
 States, under the same regulations now provided bylaw in inited states. 
 respect of security for such appeal; but such appeal shall 
 not operate to stay or supersede the order of the court or 
 the execution of anv writ or process thereon; and such 
 court may, in every such matter, order the payment of such costsandcoun- 
 costs and counsel fees as shall be deemed reasonable, sei fees. 
 Whenever anv such petition shall be tiled or presented by 
 the Conmiission it shall be the duty of the district attorney, attorneys. 
 under the direction of the Attornev-General of the United 
 States, to prosecute the same; and the costs and expenses penses of prose- 
 of such prosecution shall l)e paid out of the appropriatioti '■"''*^"^- 
 for the expenses of the courts of the United States. 
 
 The Conunission may conduct its proceedings in such ^.^.^"™ "^ p''°" 
 niainier as will best conduce to the proper dis]:)atcli of •'^'f- '~. «« 
 
 I,.: 1. ii 1 ,. • ■• »• •. /'ji amended Mar. 2, 
 
 husMiess and to the ends of justice. A majority of the isso. 
 Commission shall constitute a quorum for tlie transaction i-^ *<«<•. ««i) 
 of business, l)ut no Commissioner shall participate in an}' 
 hearing or proceeding in which he has any pecuniary 
 interest. Said Commission may, from time to tmie, make 
 or amend such general rules or orders as ma}' be re(iuisite 
 
56 BUREAU OF CORPORATIOINTS 
 
 for the order and regulation of i)roceoding-s before it, 
 includino- forms of notices and the service thereof, which M 
 shall conform, as nearh' as may be, to those in use in the * 
 pear'^beiOTc^Te courts of the United States. Any party may appear 
 Commission in be foi-e said CoDimission and be heard, in person or by 
 torney.*^'^ ^ '^ attorney. Every * * * official act of the Commis- 
 sion shall be entered of record. * * * g^^id Commis- 
 officiaiseai. sion shall havc an official seal, which shall be judicially 
 noticed. p]ither of the members of the Commission may 
 administer oaths and affirmations and sig-n subpoenas. 
 
 Witness fees. * * * Witnesses summoned before the Commission 
 ,svr. IS, in part, j^j^^jj ]-)g p^^j^-] |-j^p sauic fccs and mileage that are paid wit- 
 nesses in the courts of the United States. 
 Expenses of All of the expeuscs of the Commission, including all nec- 
 — how^paid!****'"" essary expenses for transportation incurred by the Com- 
 missioners, or by their employees under their orders, in 
 making any investigation, or upon official business in any 
 other places than in the city of Washington, shall be al- 
 lowed and paid on the presentation of itemized vouchers 
 therefor approved by the chairman of the Counnission. 
 
 Principaioffiee The principal office of the Commission shall be in the 
 
 sion. ^ '^ city of Washington, where its general sessions shall l)e 
 
 Sec. 10. held; but whenever the convenience of the public or of the 
 
 Sessions of tlic ,. -, j. ^ i ^ j. ■ 
 
 Commission in parties uuiy he promoted or delay or expense prevented 
 unUeds\ales!'''^ therein', the Conuuission may hold special sessions in any 
 part of the United States. It may, by one or more of th(> 
 Commissioners, prosecute any inquir}^ necessary to its 
 duties, in any part of the United States, into any matter 
 or question of fact pertaining to the l)usiness of any com- 
 mon carrier subject to the provisions of this act. 
 
 Carriers sub- The Commissiou is hereby authorized to require annual 
 mult rende^rfuii rcports from all couHuou carrici's subject to the provisions 
 commiS''''''of this act, to fix the time and pi-escril)e the manner in 
 Sec. 20. which such reports shall be mach', and to require from 
 
 such carriers specitic answers to all (juestions upon which 
 What reports the Comuiissiou uiav need information. Suchannual reports 
 shall contain, y^all show iu detail the amount of capital stock issued, the 
 amounts paid therefor, and the manner of payment for the 
 same; the dividends paid, the surplus fund, if Miy, and the 
 number of stockholders; the funded and floating debts and 
 the interest paid thereon ; the cost and value of ( he carrier's 
 property, franchises, and equi})ments; the number of em- 
 ployees and the salaries paid each class; the amounts 
 xpended for improvements each year, how expended, and 
 the character of such improvements; the earnings and re- 
 ceipts from each branch of business and from all sources; 
 the operating and other expenses; the balances of profit and 
 loss; and a complete exhibit of the financial operations of 
 the carrier each year, including an annual balance-sheet. 
 Such reports shall also contain such information in relation 
 to rates or regulations concerning fares or freights, or agree- 
 ments, arrangements, or contracts with other common car- 
 riers, as the Commission may require; and the said Com- 
 
BUREAU OF CORPORATIONS 57 
 
 (' <i mm i ssion 
 m !i y jirescribc 
 
 missioinnay, within itsdisci'ction, for the purposoofonabling 
 
 it the l)ottor to curry out tlio purposes of this :ict, proscril)o ,„,, j. prescribe 
 
 (if in tiio o])inioii of the C'onnnissioii it is pnicticahle to ])i'o- methods.if keep- 
 
 ^ ., 1 •!.• •*. 1 i.1 1 !-• 1 • 1 \ niK uc('ouiit.s. 
 
 scribe suoh unitorimty ana nunlioas or keeping accounts) a 
 period of time within which all common carriers .su))ject to 
 the })rovisions of this act shall have, as near as may be, a 
 uniform systiMii of accounts, and the manner in which such 
 accounts shall l)e kept. 
 
 k?:gulation of testimony 
 
 No person shall be excused from attending and testifying andVesUinoiu^ol 
 or from producing books, i)apers, tariffs, contracts, agree- witnesses, 
 ments ami docunuMits before the Interstate C ommerce Com- (sf? atat., /,hs.) 
 mission, or in obedience to the snbp<ena of the Commis- 
 sion, whether such subpcrna be signed or issued by one or 
 more Commissioners, or in any cause or proceeding, criminal 
 or otherwise, based upon or growing out of any alleged 
 violation of the act of Congress, entitled, ""'An act to regu- 
 late commerce,'' approved February fourth, eighteen hun- 
 dred and eighty-seven, or of any amendment thereof on the 
 ground or for the reason that the testimony or evidence, 
 documentary or otherwise, required of him, may tend to 
 criminate him or subject him to a penalty or forfeiture. 
 Ikit no i)erson shall be prosecuted or subjected to any pen- 
 alty or forfeiture for or on account of any transaction, mat- tes™i?"ing wit^ 
 ter or thing, concerning which he may testify, or produce '^*^*^*^^- 
 evidence, documentary or otherwise, before said Commis- 
 sion, or in obedience to its subpcena, or the subpa?na of 
 either of them, or in any such case or proceeding: Provided^ 
 That no person so testifying shall l)e exempt from prosecu- 
 tion and punishment for perjury committed in so testifying. Perjury ex- 
 
 Any person who shall neglect or refuse to attend and^^'''^' 
 testify, or to answer any lawful inquiry, or to produce Penalties. 
 books, papers, tariffs, contracts, agreements and docu- 
 ments, if in his power to do so, in obedience to the subpoena 
 or lawful requirement of the Commission shall be guilt}'^ 
 of an offense and upon conviction thereof 1)}' a court of 
 competent jurisdiction shall be punished l)v fine not less 
 than one hundred dollars nor more than five thousand dol- 
 lars, or by imprisonment for not more than one vear or by 
 both such tine and imprisonment. [See Sec. 12, act of 
 Feb. 4, 1887, page 52.1 
 
 REGULATION OF COMMERCE 
 
 Anything done or omitted to l)e done bv a corporation ^^.^j'^^'P^^f^'^^^^^ ^'^^ 
 common carrier, subject to the Act to regulate commerce agent liaiiie i.. 
 and the Acts amendatory thereof which, if done or omitted ^^^a. u%os. 
 to be done by any director or officer thereof , or an}^ receiver, ^^c '']"'» *tirt 
 trustee, lessee, agent, or person acting for or employed by ' 
 
 such corpoi'ation, would constitute a misdemeanor under 
 said Acts or under this Act shall also be held to ))e a mis- 
 demeanor committed by such corporation, and upon con- Penalty. 
 viction thereof it shall lie subject to like penalties as are 
 prescribed in said Acts or b3' this Act with reference to 
 
58 V BUKEAU OF COEPORATTONS 
 
 schedules ^^ ^^^' such persons except as such penalties arc herein changed. 
 
 The willful failure upon the part of an}' carrier sul)ject to 
 
 said Acts to tile * * - the tarifi's or rates and charges 
 
 as required by said Acts * * * shall be a misdemeanor, 
 
 Penalty. and upon conviction thereof the corporation offending shall 
 
 be subject to a line of not less than one thousand dollars 
 
 nor more than twenty thousand dollars for each offense; 
 * * * 
 
 agcnt°to°be\Yso In coustruing and enforcing the provisions of this s.ec- 
 deemed act of tion the act, omission, or failure of any officer, agent, or 
 other person acting for or employed by any common 
 carrier acting within the scope of his employment shall in 
 every case be also deemed to be the act, omission, or fail- 
 ure of such carrier as well as that of the person. * * * 
 
 ^c!'i^^^^' I" ^^^y proceeding for the enforcement of the pro- 
 
 visions of the statutes relating to interstate commerce, 
 whether such proceedings be instituted before the Inter- 
 state Commerce Commission or be begun originally in 
 any circuit court of the United States, it shall be lawful 
 to include as parties, in addition to the carrier, all persons 
 interested in or affected by the rate, regulation, or prac- 
 tice under consideration, and inquiries, investigations, 
 orders, and decrees may be made with reference to and 
 against such additional parties in the same manner, to the 
 same extent, and subject to the same provisions as are or 
 shall be authorized by law with respect to carriers. 
 
 attendance 'a°nd * * * And in proceedings under this Act and the 
 
 testimonyof wit- Acts to rcgulatc commcrce the said courts shall have the 
 
 duction^^of books powcr to compcl the attendance of witnesses, both upon 
 
 '^'&c's^i?[war^ t^^ P^^'t °* ^^^ carrier and the shipper, who shall be 
 
 required to answer on all subjects relating directly or 
 
 indirectly to the matter in controversy, and to compel 
 
 the production of all books and papers, l)oth of the 
 
 carrier and the shipper, which relate directly or indi- 
 
 ., , rectlv to such transaction: the claim that such testimony 
 
 Immunity to •'. , . t v • • ^ ji • • i 
 
 testifying wit- or evidence may tend to cruninate the person giving such 
 nesses. evidence shall not excuse such person from testifying or 
 
 such corporation producing its books and papers, but no 
 person shall be prosecuted or subjected to any penalty or 
 forfeiture for or on account of any transaction, matter, or 
 thing concerning which he may testify or produce evidence 
 documentarv or otherwise in such proceeding: Pnnu'drd, 
 made' ap/.iklu'l^ That the provisions of an Act entitled ';An Act to expedite 
 to suits brought the hearing and determination of suits in equitv pending or 
 ycommisMon. j-j^j.g.^-f^gj. jji-ought Under the Act of July second, eighteen 
 hundred and ninety, entitled 'An Act to protect trade 
 and commerce against unlawful restraints and monopolies,' 
 'An Act to regulate commerce,' approved re])ruary fourth, 
 eighteen hundred and eighty-seven, orany other Acts hav- 
 ing a like purpose that may be hereafter enacted, approved 
 February eleventh, nineteen hundi-ed and three," shall apply 
 to any case prosecuted under the direction of the Attorney- 
 Generaliu the name of thelnterstateCommerceCommission. 
 
CIIAl'TKT^ V 
 BUREAU OF MANUFACTURES 
 
 Thoro shiill he in the Department of C'oiuincrce and Labor f^^-^^i ^^^5) 
 a hureau to he called the Bureau of Maiuit'aetures, and a i^ec.s. 
 chief of said hureau, who shall l)e appointed hv the Presi- 
 dent, and who shall receive a salary of four thousand dollars 
 per aiiiunn. There sliall also he in naid hureau such clerical 
 assistants as may from time to time be authorized by Con- 
 o-ress. It shall be the province and duty of said bureau, 
 under the direction of the Secretary, to foster, promote, 
 and develop the various manufacturing industries of the 
 Ignited States, and markets for the same at home and 
 abroad, domestic' and foreign. ])y gathering, compiling, 
 publishing, and supplying all available and useful informa- 
 tion concerning such industries and such markets, and b}^ 
 such other methods and means as may be prescribed ])v the 
 Secretary or provided 1)V law. And all consular officers of 
 the United States, including consuls-general, consuls, and 
 commercial agents, are hereby required, and it is made a 
 part of their duty, under the direction of the Secretary of 
 State, to gather and compile, from time to time, useful and 
 material information and statistics in respect to the subjects 
 enumerated in section three of this Act in the countries and 
 places to which such consular officers are accredited, and to 
 send, under the direction of the Secretary of State, reports 
 as often as required by the Secretary of Commerce and 
 Labor of the information and statistics thus gathered and 
 compiled, such reports to be transmitted through the State 
 Department to the Secretary of the Department of Com- 
 merce and Labor, 
 
 [Note. — At the time of printing this volume the organi- 
 zation of the Bureau of Manufactures has not been com- 
 l)leted. Provision is, however, being made therefor. The 
 })ersoimel of the Bureau is provided in the appropriation 
 act on page 32.] 
 
 59 
 
CHAPTER VI 
 
 BUREAU OF LABOR 
 
 Tho national aid and supervision of the laboring interests of tlie 
 country were tirst proposed in Congress about the year 1867, and a 
 reference to page 13 will show the legislation then introduced. 
 
 A Bureau of Labor was organized in January, 1S85, under act of 
 Congress approved June 27, 1884 (23 Stat., 60), as a part of the 
 Department of the Interior, and the Commissioner of Labor was made 
 its chief officer. Three years latei* by act of Congress approved June 
 13, 1888 (25 Stat., 182), the Bureau of Labor and its duties were 
 transferred to the Department of Labor with independent functions, 
 the title of its chief officer remaining unchanged. 
 
 The duties of the Bureau of Labor are to acquire and diffuse 
 among the people of the United States useful information on subjects 
 connected with labor, in the most general and comprehensive sense of 
 the word. 
 
 Under the act of 1888 the Bureau of Labor publishes an annual 
 report, and special reports from time t(; time, upon subjects connected 
 with labor, or as required b}' the President or bj^ either House of 
 Congress. 
 
 By act of Congress of March 2, 1895 (28 Stat., 805), the Commis- 
 sioner of La})or is authorized to publish a bulletin containing facts 
 deemed of value to labor and the industrial interests of the countrJ^ 
 This bulletin is issued bimonthly. 
 
 By the act of Congress of April 30, 11*00 (31 Stat., 155), the Commis- 
 sioner of Labor is required to collect and publish annuallj^ statistical 
 details relating to all departments of labor in the Territory of Hawaii. 
 
 The Government is represented in the International Association for 
 Labour Legislation through the agency of the Bureau of Lal)or, and 
 the subvention therefor is provided in its appropriation. 
 
 By act of Congress of February 14, 11>()3, "An act to establish the 
 Department of Commerce and Labor," the Department of Lal)or and 
 all that pertains to the same was placed imder the jurisdiction and made 
 a part of the Department of Connuerce and Labor from and after July 
 1, 1903, on which date the name 'Bureau of Labor was adopted by order 
 of the Secretary. 
 
 Carroll D. Wright has been Commissioner of Labor since the organi- 
 zation of the work in 1885. 
 60 
 
OrijiiniziitioH of Pt'imrtmont of ("oinmerce !Ui<l Labor 
 
 BUILDING OCCUPIED BY THE BUREAU OF LABOR 
 
^?„ 
 
BUREAU OF LAHOR 61 
 
 LAW PERTAINING TO THE BUREAU OF LABOR 
 
 [As iiKiiUliccl ],y ucl nf Fcliriiiiry 1 I, IlKW.] 
 
 Tlu> BuiViiu of Labor * ■'" * and all (hat in-rtain.s f'^^^ViJ^f) 
 to tlu> sani(\ 1)0, and tlio sainc luM'chy arc jjlaccd uiidor the >"■. i. 
 jiirisiliction and made a part of the Departinciit of ('0111- 
 iiunro and Labor. 
 
 TluMV shall 1h> at tho soat of Govovniiunit a Rinvau of ^^//f/'^'J;,"';;;;;:;;! 
 Labor, tho ociuM'al dcsion and (hitics of ujiich .shall ))C to^«'<>i>i'- 
 acquire and (litius(> anions- the peoples of the United States \":l"st(ri'.,iH2') 
 useful information on sul)jeets connected with lal)or, in thc^ '''"'■ ^• 
 most oeneral and comprehensive sense of that word, and 
 especially upon its relation to capital, the hours of la])or, 
 the eai'nings of laliorino' men and women, and the mean.'; 
 of ]iromotiiio' thcMr materiid, social, intelliM-tuai, and moral 
 prosperity. 
 
 The J^ureau of Lal)or shall be under the charo-e of :i <^;'>i"niissioiuT. 
 Connnissioner cf L-.il)or, who shall l)e appointed by the 
 President, by and M'ith the advice and consent of the 
 Senate; he shall hold his ofHce for four 3'ears, unless 
 sooner removed, and shall reccnve a salary of live thousand 
 dollars per annum. 
 
 Lhere shall be in the Bureau of Labor, to l)e appointed ivrsdnn.i. 
 by the Connnissioner of Labor: One chief clerk, at a salary 'Amn'„h;i j-rb. 
 of two thousand live hundred dollars per annum; disl)urs-''^;j'"^^^^ y^^ ^ 
 m<j clerk, two thousand dollars; four statistical experts, at 
 two thousand dollars each; four clerks of class four; hvc 
 clerks of class three; six clerks of cla.ss tAvo; twelve clerks 
 of class one; ten clerks, at one thou.sand dollars each; two 
 copyists; one messenger; one assistant messenger; three 
 watchmen; four laborers; three charwomen; two special 
 agents, at one thousand eight hundred dollars each; six 
 special agents, at one thousand six hundred dollars each; 
 ten spi^cial agents, at one thou.sand four luuidred dollars 
 each; four special agents, at one thousand two hundred 
 dollars each; and (there shall be) an allowance to special 
 agents for traveling- expenses not to exceed three dollars 
 per day Avhile actually employed in the field and outside 
 of the District of Columbia, exclusive of actual transpor- 
 tation including sleeping-car fares; and such temporary 
 exp(M-ts, assistants, and other employees as Congress may 
 from time to time provide, with comj)ensation correspond- 
 ing to that of similar officers and employees in other depart- 
 ments of the Government. 
 
 During the necessary a])sence of the Connnissioner, or ;^';.''",>-' *'""^" 
 when the oftic(^. shall become vacant, the chief clerk shall .sw. 4. 
 perform the duties of Commissioner. 
 
 The Commissioner of Labor shall have charge in the ^^'rh ar?;" of 
 building or premises occupied by or appropriated to the i;f'\P^' _■;,<>' ""'' 
 Ihireau of Labor, of the library, fui'uiture, fixtures, '.ser.h." 
 recoi'ds. and other ])roi)erty i)ertaining to it, or hereafter 
 ac(iuired for use in its l)usiness, and he shall be allowed to 
 
62 
 
 BUREAU OF LABOR 
 
 Duties (if 
 CominisHii)7iei 
 
 Sec. 7. 
 
 Cost of iliiti; 
 bio articles. 
 
 effect of. 
 
 expend for periodicals and the purposes of the lil>rary, 
 and for the rental of appropriate quarters for the accom- 
 modation of the Bureau of Labor within the District of 
 Cokimbia, and for all other incidental expenses, such sums 
 as Congress may provide from time to time. 
 iii^' The Commissioner of Labor, in accordance with the 
 fveneral design and duties referred to in section one of 
 this act, is specially charged to ascertain, at as early a 
 date as possible, and whenever industrial changes shall 
 make it essential, the cost of producing articles at the 
 time dutiable in the United States, in leading countries 
 where such articles are produced, by fully-speciliod units 
 of production, and under a classification showing the 
 difi'erent elements of cost, or approximate cost, of such 
 articles of production, including the wages paid in such 
 industries per da}", week, month, or ,year, or by the piece; 
 and hours employed per day; and the profits of the man- 
 ufacturers and producers of such articles; and the com- 
 cusioms iin.ipjii-ative cost of Hviug, and the kind of living. It shall 
 ciirreiu> ■^^^'^■j,g ^^^ duty of thc Commissioner also to ascertain and 
 report as to the effect of the customs laws, and the effect 
 thereon of the state of the currency, in the United States, 
 on the agricultural industr}", especially as to its effect on 
 mortgage indebtedness of farmers; and what articles are 
 controlled by trusts, or other combinations of capital, 
 business operations, or labor and what effect said trusts, 
 ()]• other combinations of capital, business operations, or 
 la))or have on production and prices. He shall also 
 (\stablish a system of reports by which, at intervals 
 of not less than two years, he can report the general 
 condition, so far as production is concerned, of the lead- 
 ing industries of the country. The Commissioner of 
 Labor is also specially charged to investigate the causes 
 of, and facts relating to, all controversies and dis- 
 putes between employers and employees as they may 
 occur, and which may tend to interfere with the welfare 
 of the people of the different States, and report thereon 
 to Congress. The Conmiissioner of Labor shall also 
 obtain such information upon the various sul)jects com- 
 mitted to him as he may deem desiral)le from different 
 foreign nations, and what, if any, convict made goods are 
 imported into this country, and if so from whence. 
 
 The Commissioner of Labor shall annually make a re- 
 port in writing to the President and Congress, of the 
 information collected and collated by him, and containing 
 such recommendations as he may deem calculated to pro- 
 mote the efficiency of the Bureau. He is also autlior- 
 ized to make special reports on particular sul)jects when- 
 ever required to do so by the President or either House 
 of Congress, or when he shall think the subject in his 
 charge requires it. He shall, on or before the fifteenth 
 day of December in each year, make a report in detail to 
 Congress of all moneys expended under his direction dur- 
 ing the preceding fiscal year. 
 
 ReiMiris. 
 
 Labor 
 versies. 
 
 Foreign 
 formation. 
 
 Reports 
 
 Sec. 8. 
 
BUREAU OK LAHOR 63 
 
 All laws ami purts of laws rolatino- tc tlu> Bureau of j,,^'J;f,jj;;^';''\«[ 
 Labor c-roatod uudor the act of Cono-ross approved June Burtau. 
 twenty-seventh, eighteen hundred and eighty-four, so 
 far as the same are applieal)le and not in conllict with 
 this act. and only so far, are eontiiuied in full force and 
 effect, and the Conunissioner of Labor appointed undei- 
 said act. a})i)r()ve<l June twenty-seventh, eiohteen hun- 
 dred antl eiuhty-four. and all clerks and eni])l()vees in 
 the Bureau of Labor authorized to be appointed by said 
 act or subsequent acts, shall continue in olhce and em- 
 ployment as if api)ointed under the provisions of this act, 
 and until a Commissioner of Labor, other officer, clerks, 
 and employees are appointed and qualified as herein re- 
 quired and provided: and the Bureau of Labor, as now 
 oruanized and existint;-. shall continue its work as the De- 
 partment of Labor until the Department of Labor shall 
 be ortianized in accordance with this act; and the lil)niry, 
 records, and all property now in use ])y the said Bureau 
 of Labor are herein' transferred to the custody of the De- 
 ])artment of Labor herel)y created, and on the organiza- 
 tion of the Department of Labor on the basis of this act 
 the functions of the Bureau of Labor shall cease. ^' 
 
 lu addition to the duties now imposed by law, it shall be ^^.^oj^^|^'^ '"^""' 
 the duty of consuls and conmiercial agents of the United Jan. zr, ism 
 States, annually, to procure and transmit to the Depart- "'" 
 
 ment of State [for the Department of Conunerce and 
 Labor], as far as jiracticable, information respecting the 
 rate of wages paid for skilled and unskilled labor within 
 their respective jurisdictions. 
 
 It shall be the duty of the United States Commissioner p^^i;^"""" 'e- 
 of Labor to collect, assort, arrange, and present in annual Apr. so, 1900. 
 
 • •• .^ t (SI Stat 155 ) 
 
 reports statistical details relating to all departments of scc.-e.'' 
 labor in the Territory of Hawaiij especially in relation to 
 theconnuercial, industrial, social, educational, and sanitary 
 condition of the laboring classes, and to all such other 
 subjects as Congress may, by law, direct. The said com- 
 missioner is especiallv charged to ascertain, at as early a 
 date as possible, and as often thereafter as such informa- 
 tion may be required, the highest, lowest, and average 
 number of employees engaged in the various industries 
 in the Territorv, to be classified as to nativity, sex, hours 
 of labor, and conditions of employment, and to report the 
 same to Congress. 
 
 AN'henever a controvcrsv concerning wages, hours of ,.,.^',,*; '?i,'^,V '* " 
 ahor, or conditions of employment shall arise between a -rinici. isus. 
 carrier sul»ject to this act and the employees of such car- .svr.'s." " '~" 
 rier. seriously interi'upting or threatening to interrupt the 
 business of said carrier, the Chairman of the Interstate 
 Commerce Commission and the Commissioner of La})or 
 shall, upon the re(piest of either party to the controversy, 
 
 " The name "Bureau of Labor " is now the proper title, as stated on 
 page GO. 
 
64 -^ BUREAU OF LABOR 
 
 with all practicable expedition, put themselves in commu- 
 nication with the parties to such controvers}, and shall 
 use their best efforts, by mediation and conciliation, to 
 amicably settle same; and if such efforts shall be unsuc- 
 cessful, shall at once endeavor to bring- about an arbitra- 
 tion of said controversy in accordance with the provisions 
 of this act. 
 
 jlliif u'lsys!^'' 'The Commissioner of Labor is authorized to compile 
 
 {so'.stat., «i'.) a;id publish annually, as a part of the Bulletin of the Bureau 
 
 of Labor, an abstract of the main features of the official 
 
 statistics of the cities of the United States having over 
 
 thirty thousand population. 
 
 Recor.f'^^''^^""'^^ ^ bouud copy of the Congressional Record shall ])e 
 furnished gratuitousl}^ to the Bureau of Labor. [This 
 provision is made a part of the printing act of Januarv 12, 
 1895, by act of January 30, 1!>03.] 
 
 biuicfn'*' *^''*"" [There shall be printed] of the report of the Conuuis- 
 
 jan.'p, 1895. sioner of Labor, twent^^-ffve thousand copies; five thousand 
 
 ,sCc.'?3.''' ^^^ for the Senate and ten thousand for the House, and ten 
 
 thousand for distribution 1)}' the Commissioner of Labor. 
 
 Ij[ar%^^i895. ^^^^ Commissioner of Labor is hereby authorized to pre- 
 
 {2s kat, 805.) pare and publish a bulletin of the Bureau of Labor, as to 
 the condition of labor in this and other countries, conden- 
 sations of state and foreign labor reports, facts as to con- 
 ditions of employment, and such other facts as may be 
 deemed of value to the industrial interests of the country, 
 and there shall be printed one edition of not exceeding ten 
 thousand copies of each issue of said bulletin for distribu- 
 tion by the Bureau of Labor, [lender this provision the 
 bimonthlj' Bulletin of the Bureau of Labor is published. 
 Purchase of reports and material for Bulletins is author- 
 ized in appropriation acts.] 
 
 Bulletin, extra The Public Printer is authorized to print such number 
 ^^jnii^'e, 1900. of extra copies of the bimonthly Ikilletin of the Bui'eau of 
 
 {31 Stat, 6i,i) Labor, not to exceed 20,000 of any single issue, when in 
 the opinion of the Commissioner of Labor the demand for 
 the Bulletin makes an extra edition necessary. 
 
 Louisiana Pur- [Au exhibit by tho Burcau of Labor at the Louisiana 
 ^^°'^^" Purchase Exposition, and a representative on the United 
 
 Mar. 3, 1901. 
 (31 StaL.Ul^.) 
 
 States Government Board, is provided for by law.] 
 
 "This duty wrh trangferred to the I'ureau of the Census by Depart- 
 ment Circular No. 3. See page 83. 
 
Orafanizatidii r.i Departnit'iit c f f'oinmerci' ami Labor 
 
 BUILDING OCCUPIED BY THE LIGHT-HOUSE BOARD, THE BUREAU OF NAVIGATION, 
 AND THE STEAMBOAT-INSPECTION SERVICE 
 
CHAPTER VII 
 
 LIGHT-HOUSE BOARD 
 
 lliu-luiliiig Mght-Hoiiso Kstalilisliiiit'iil.] 
 
 Tlio eight lig-lit-lu)uses ostublislu'd hy the maritime colonies wore 
 accepted by the Federal Government by act of Congress of Augu.st 7, 
 17S!». and since that date all jurisdiction over and maintenance of aids 
 to navigation have been in the (Jeneral Government. They were 
 piactnl linden- the direction of the Secretar}'^ of the Treasury, where 
 they remained until their supervision was given to the Secretary of 
 Conunerce and Labor b}' act of Congress approved February 1-i, 1003, 
 entitled "An act to establish the Department of Commerce and Labor." 
 
 The office of Commissioner of Kevenue was established Ma}' S, 1792, 
 and the superintendence and control of lights devolved upon him, but 
 when, in 1802, his office was abolished, the Secretary of the Treasury 
 resumed direct control, and it remained with him until July 21, 1818, 
 when the office of Commissioner of the Revenue was reestal)lished, 
 and the control of the lights again became a part of his work. That 
 office was a second time a])olished by act of December 23, 1S17, which 
 went into operation July 1, 1S20, when the care of the lights passed 
 to the Fifth Auditor of the Treasury. 
 
 By act of July 7, 1838, Congress authorized the division of the light- 
 house system into districts, in order that more exact information might 
 l)e furnished to the Congress, and provided for the purchase abroad and 
 importation of two sets of lenticular apparatus, and one set of reflector 
 apparatus. 
 
 Beginning in 181-2, Congress made a thorough investigation of the 
 Light-House Plsta])lishment and its administration, and in 181,5 sent 
 abroad two naval lieutenants to })rocui'e information whicli would tend 
 to the improvement of the light-house system of the United States. 
 As a i-esult, l)y the act of March 3, 1851, the Secretary of the Treas- 
 uiy was authorized to put the Fresncl illuminating apparatus into 
 light-houses, and to appoint a board to inquire into the condition of 
 the Esta))lishment and make a detailed report and programme to guide 
 legislation in extending and improving the system of construction, 
 illumination, inspection, and superintendence. The elaborate report 
 of this board formed the basis of the act of Congress approved August 
 27028—04 5 (J5 
 
66 
 
 LIGHT-HOUSE BOARD 
 
 31, 1852. This organic act constituted the Light-House Board as it 
 has existed down to the present time, composed of officers of tlie 
 Army and Navy and eminent scientists in civil life. The Establish- 
 ment is modeled on the French service, and has complete supervision 
 of all aids to navigation on our coasts. 
 
 Chairmen of the Light- House Board icith dates of service. 
 
 Name. 
 
 William B. Shubrick, captain, U. S. Navy 
 
 Lawrence Kearney, captain, U. S. Navy 
 
 William B. Shubriclj, captain, rear-admiral, U. S. Navy, who served 
 
 until retired by law 
 
 Prof. Josefih Henry, LL. D., secretary of the Smithsonian Institution, 
 
 who .served until his death 
 
 John Ki)d]Lrers, rear-admiral, U. S. Navy, who served until his death ... 
 Robert H, Wyman, rear-admiral, U. S. Navy, who served until his deatli 
 Stephen C. Rowan, vice-admiral, V. S. Navy, retired at own request . . . 
 
 David P. Harmony, rear-admiral, U. S. Navy 
 
 James M. Greer, rear-admiral, U. S. Navy 
 
 John a. Walker, rear-admiral, U. S. Navy 
 
 Wintield S. Sehley, commodore, U. S. Navy 
 
 F. v. McNair, rear-admiral, U. S. Navy 
 
 Rush R. Wallace, commodore, U. S. Navy (retired) 
 
 Francis J. Higginson, commodore, U. S. Navy 
 
 Norman H. Farquhar, rear-admiral, U. S. Navy 
 
 George C. Remey, rear-admiral, V. S. Navy 
 
 John J. Read, rear-admiral, U. S. Navy 
 
 Oct. 
 
 9,1852 
 
 Feb. 
 
 7, 18.59 
 
 Feb. 
 
 7, 18.59 
 
 June 
 
 0, 18.59 
 
 June 
 
 G, l<S5y 
 
 Oct. 
 
 30, 1871 
 
 Oct. 
 
 30, 1871 
 
 Mav 
 
 13, 187.S 
 
 J une 
 
 23, 1878 
 
 Mrtv 
 
 .5, 18.H2 
 
 June 
 
 5, 1,S<S2 
 
 Dec. 
 
 2. iss'j 
 
 Jan. 
 
 18, 1.S83 
 
 Feb. 
 
 JCi. Iss'.i 
 
 Feb. 
 
 27,18,S9 
 
 Mav 
 
 2'.i, l>',q 
 
 June 
 
 1, ISid 
 
 Dec. 
 
 l.lvj-i 
 
 Dec. 
 
 4, 1894 
 
 Mar. 
 
 23. IS'.iT 
 
 Apr. 
 
 5, 1.S97 
 
 Mar. 
 
 2.5, is'.is 
 
 Mar. 
 
 18, 189.S 
 
 Julv 
 
 5, IS'js 
 
 Julv 
 
 11,1898 
 
 Oct. 
 
 3, l.S9.% 
 
 Oct. 
 
 3, 1898 
 
 Ap5. 
 
 22, 1901 
 
 May 
 
 2, 1901 
 
 May 
 
 6, 1902 
 
 May 
 
 6, 1902 
 
 Aug. 
 
 8,1903 
 
 Aug. 
 
 8, 1903 
 
 
 
 LAW PERTAINING TO THE LIGHTHOUSE BOARD AND LIGHTHOUSE ESTABLISH- 
 MENT 
 
 [As modified by act of February 14, 1903.] 
 ORGANIZATION AND DUTIES OF LIGHTHOUSE BOARD 
 
 gCompositiou of ^he President shall appoint two officers of the Navy, ofl 
 ii.s.,i653. high rank, two officers of the Corps of Engineers of thej 
 Army, and tw^o civilians of high scientific attiiinments, 
 whose services may be at the disposal of the President, 
 together with an officer of the Navy and an officer of engi-^ 
 neers of the Arnn^, as secretaries, who shall constitute the 
 Lighthouse Board. 
 
 The Secretary of Commerce and Labor shall be ex-officio 
 president of the Lighthouse Board. 
 
 The Lighthouse Board shall elect, by Ijallot, one of theii 
 number as chairman of the Board, who shall preside at theii" 
 meetings, when the president is absent, and shall porfori 
 such acts as may be prescribed by the rules of the Board.^ 
 
 The Lighthouse Board shall meet, for the transactic^i of 
 business, on the tirst Mondays in March, June, 8eptem))erl 
 and December. But the Secretary of Commerce and La- 
 })or ma}^ convene the Board whenever, in his judgment,' 
 the exigencies of the sei'vice require it. 
 f The Lighthouse Board may adopt such regulations for; 
 the government of their meetings as the}^ jiiclge expedient. 
 R^„ , The Lie'hthouse Board shall be attached to the office of j 
 
 ijoara. in •/— i iri i ii*' 
 
 R.!s.,i65s. the Secretary ot Couimerce and Labor, and under his 
 
 President. 
 A'. .S'., !,6.-,!,. 
 
 Chairman. 
 li. S., UG55. 
 
 Meetings. 
 R. a., 1,656. 
 
 Government 
 meetings. 
 R. S.. l,r,r>7. 
 Duties of 
 
LIGHT-HOUSE BOARD 
 
 67 
 
 IfiilifsolHiiiird. 
 U.S., W65. 
 
 snporiiiteiidonc'O .shall dischai-jio all admin istrativc duties 
 relatin*; to tlio coiistriu-tioii, illuiniiiatiou, inspection, and 
 supcrintrndoncc of liiflithouscs, lioht-vesscls, beacons, 
 buoys, sea-marks, and their appendayes. and embracing 
 the security of foundations of works already existinji", pro- 
 curinu- illuminatiny- and other a[)i)aratus, supplies, and 
 materitils of all kinds for building-, and for rebuilding 
 when necessar}', and keeping in good repair the light- 
 houses, light- vessels, beacons, and buoys of the United 
 States; and shall have the charge and custody of all the 
 archives, books, documents, drawings, models, returns, 
 apparatus, and other things appertaining to the Light- 
 house Establishment. 
 
 The Lighthouse Hoard shall cause to ))e prepared l)v the 
 engineer secretary of the Boaid, or ])y such otficer of engi- 
 neers of the Army as may l)e detailed for that service, all 
 })lans. drawings, s])ecitications, and estimates of cost, of all 
 illuminating and other apparatus, and of construction and 
 repair of towers, buildings, etc., coimected with the Light- 
 house Establishment, and no bid or contract shall l)e ac- 
 cepted or entered into, except upon the decision of the 
 Board, at a regular or special meeting, and through their 
 properly authorized officers. 
 
 The Liirhthouse Board shall furnish, upon the requisition K^^t'piattvt- 
 of the Secretary ot Commerce and Lal)or. all tlic estnnates 
 of expense which the several l)ranclies of the lighthouse 
 service may require, and such other information as may be 
 reipiired, to ])e laid before Congress at the commencement 
 of each session. 
 
 The Lighthouse Board, with the approval of the Secre- ^^§"^fiT''- 
 tary ot Commerce and Labor, siiall prescribe, and from 
 time to time may alter or amend, and cause to be distrib- 
 uted, such regulations as they deem proper for securing 
 an efficient, uniform, and economical administration of the 
 Lighthouse Establishment. 
 
 The Lighthouse Board shall arrange the Ocean, Gulf, ^j.L'if.ii^i'o'^^e 
 Lake and River coasts of the United States into lighthouse Jnium.iHse.iu 
 
 I-.., , T ., • 1- Still. ir,s) ill place 
 
 districts, not exceeding sixteen in mimher. <>/ n. s., ioro. 
 
 The jurisdiction of the Lighthouse Board, created ])y the .Tuns.! i c t ion 
 act entitled "An act making apjjropriations for lighthouses, '^'^juMr^Tlsr!,. 
 light-boats, ])uoys, and so forth, and providing for the erec- 
 tion and estal>lishment of the same, and for other purposes," 
 approved August thirty-tirst, eighteen hundred and fifty- 
 two, is hereby extended over the Mississippi, Ohio, and 
 Missouri rivt'rs. for the establishment of such beacon- 
 lights, day-beacons, and buoys as may be necessary for the 
 use of vessels navigating those streams; and for this 
 l)urpose the said Board is herein' re<iuired to divide the 
 designated rivers into one or two additional lighthouse 
 districts, to be in all respects similar to the already exist- 
 ing light-house districts; and is hereby authorized to lease 
 the necessary ground for all such lights and beacons as 
 are used to i)oint out changealde channels, and which in 
 consequence can not be made permanent. 
 
 (18 mat , SiO.) 
 
68 LIGHT-HOUSE BOARD 
 
 L^xVcniu-d' '''''" V^^^<" jurisdiction of the Lig-ht-House Board was extended 
 ov^er tlie Red lliver, Louisiana, by the act approved March 
 o, ISSl; over the Savainiah, Georgia, ^t. flohns, Florida, 
 Cape Fear, North Carolinii, and Hudson rivers, b}^ the act- 
 approved jSLai'ch. J, 1H85; over the Columbia and Willa- 
 mette rivers, Oregon, l)y the act approved ^ii'^^/i'/.y^J 4? l^^^ij; 
 over the East River, New York, Delaware, New Jerse^^, 
 Elk River, Maryland, Chicot Pass, and to mark navigable 
 channel along Grand Lake, Louisiana, Tennessee River and 
 Great Kanawha River, and Puget Sound, Washington, Ijy 
 the act approved March o, 1887 ; over the Connecticut and 
 Illinois rivers, Sacramento and San Joaquin rivers, Cali- 
 fornia, by the act approved Octoher ^, 1888; over the Rari- 
 tan River, New Jersey, and Indian River, Florida, l)y the 
 act approved j\[arch/2^ 1889; over the Thames River, Con- 
 necticut, b}" the act approved March S^ 1891; over the 
 channels in St. Louis and Superior bays, Lake Superior, 
 by the act approved August 5^ 189'2; over the York River, 
 Virginia, by the act approved August 18, 1894-.] 
 
 ^M^T^im' ^^ officer of the Army or Navy shall be assigned to each 
 
 district as a lighthouse inspector, subject to the orders of 
 the Lighthouse Board; and shall receive for such service 
 the same pay and emoluments that he would ])e entitled to 
 l)y law for the performance of duty in the regular line of 
 his profession, and no other, except the legal allowance per 
 mile, Avhen traveling luuhn- orders connected witli his duties. 
 
 Duties of ciiKi- Tlio Prcsideut shall cause to be detailed from the Engi- 
 
 A'.'s., WM. neer Corps of the Army, from time to time, such officers 
 as may be necessary to superintend the construction and 
 renovation of lighthouses. 
 
 [R. S., -I:GT2, providing for the assignment of collectors 
 of customs as superintendents of lighthouses by the Secre- 
 tary of the Treasury, is no longer given effect.] 
 
 No iKiditioniii No additional salar}^ shall be allowed to any civil, mili- 
 sa^ary aHoweii. ^^.^yy ^y naval officcr ou accouut of his being employed on 
 the Lighthouse Board, or being in any manner attached to 
 the lighthouse ser\'ice." 
 
 ACCOUNTS AND RETURNS 
 
 tjiiarteriy ac- rphe Secretary of the Treasurv, in a letter to the Com- 
 missioner of Customs, dated April IT, 1808, g-rants the 
 
 « Executive Mansion, 
 WusJthigton, D. C, Noccmljer 1^, ISSO. 
 It is ordered that the duty of paying salaries to keepers of liyht- 
 houses shall be and is transferred from collectors of customs to light- 
 house inspectors, who shall hereafter jierform all the duties which 
 liave 1_)een heretofore jierformed l)y collectors of customs in ])aying 
 said salaries, and that needful advances of moneys appropriated for 
 tlu^ purpose may be made to make such payments, no compensation 
 to be allowed for making such i)ayments. 
 
 li. B. Hayes. 
 
 
LIGHT-HOUSE BOARD 69 
 
 rtM|m'st ol" tlio clKiii'iiian of Iho Lighthouse Board that 
 accounts for liL;-lilliousc dishurscuuMits may tic i-cudcrcd 
 quarterly. | 
 
 The oxpiMiso of niainlaiuino- the vessels of the Liuht- .Jj^^^f^f ^''' ^'''" 
 house Kstahlisluueut uiay he i)aid t'l-oni any surplus of the Mnr./.is79. 
 appropriation for the works, o-encral or special, on whieh (-"•^""•••''^^•) 
 the respective vessels are, for the time heinj^-, employed; 
 and the ('ost of repairs to such vessels may ])e paid from 
 the api)ropriation under which they respectively were 
 eni})loyed when they were injured or became deteriorated 
 to such an extent as to render the repairs necessary; or, 
 if such a])pro])i-iation he exhausted, then from the ai)i)ro- 
 priation under which they are respi>ctively to Ik^ next 
 em])loyed. 
 
 It shall be the duty of the eno^ineer supcrintendino- the, Disbursement 
 constructu)!! ot a tortitu-atu)n,or enga'>ed about the execu- lirs. 
 tion of any oth«>r public work, to dis))urse the moneys ap- -''''•• ""■ 
 ])licable to the same; but no compensation shall be allowed 
 him for such dis))ui-sem(mt. 
 
 ApruoruiATiONS 
 Hereafter there shall be submitted in the annual Book T^*"''"",tcs 
 
 . ,, . 1 , ., ,. ... 1 J. I JiiVf 2H, 1902. 
 
 of Kstunates, under each item ot approi)riation under the (32Stat.,/,33.) 
 head of '^ Lig"ht-House Estal)lishment," notes showing the 
 luuuber of persons employed and rate of compensation 
 ]iaid to each from each of said appropriations durino- the 
 tiscal year lu^xt preceding the fiscal year for which estimates 
 are sut)mitted. 
 
 From and after the first dav of July, eighteen hundred nnraUonofai.- 
 and s(n'entv-tour,and ot eacli year thereafter, the hecr(>tary janr jo. isri.. 
 of the Treasury shall cause "all unexpended balances of (^*'««'-.^^o) 
 appropriations which shall have remained upon the books 
 of the Treasury for two tiscal years to be carried to the 
 surplus fund and covered into, the Treasury: Provided, 
 That this provision shall not apply to * * * appro- 
 priations for * * * lighthouses; * * "^' but the 
 appropriations named in this proviso shall continue avail- 
 able until otherwise ordered by Congress." 
 
 All moneys heretofore appropriated for the construction Duration of ap- 
 of pu))lic buildings and now remaining to the credit of the ^'jj^'/c"^ 2^" Wi, 
 same on the Ijooks of the Treasury Department, or ^^'^'-'^^ iJiacZfji s\%85. 
 
 « Extract from decision of the First Comptroller of the Treasury, Decision of 
 (lateil July 1 7, 1874: "By the provit^o to section 5 of the appropriation Comptroller, 
 act of June 20, 1S74, apprf)priutions for 'liglitliouscs,' including former 
 appro]iriations, which, by oj)eratioii of jirevioiis laws, were not yet 
 suhjcct to he carried to the surplus fund, 'coutinue availa))ie until 
 otherwise ordered by (V)n<i;ress.' I do not understand this i)rovision 
 as extendinjf to all appropriations for the Board, but only to those for 
 construction and repairs." 
 
70 LIGHT-HOUSE BOAED 
 
 may hereafter be appropriated for such buildino-s, shall re- 
 main available until the completion of the work for which 
 they are, or may t)e, appropriated; and upon the tinal com- 
 pletion of each or any of said Inulding-.s, and the payment 
 of all outstanding liabilities therefor, the balance or bal- 
 ances remaining shall be immediately covered into the 
 Treasury/' 
 
 mentffor ?vork The Secretary of Commerce and Labor be, and he hereby 
 on vessels jy^ authorized to make partial payments, from time to time, 
 
 (es'stat.,'5S2.) upon existing contracts and all contracts hereafter made 
 for the construction of vessels for the Department of Com- 
 merce and Labor, but not in excess of seventy-live per 
 cent of the amount of the value of the work already done; 
 and tiiat the contracts hereafter made shall provide for a 
 lien ujion such vessels for all advances so made: Prov'uh'd^ 
 That nothing in this joint resolution shall be construed 
 to hereafter authorize any partial payments, except on 
 contracts stipulating for the same and then only in accord- 
 ance with such contract stipulation. 
 
 CONTRACTS 
 
 All money ap \\ shall l)e the dutv of thc Lighthouse Board to applv 
 
 phed )>y con- , • V ] 4-1 4-1 t -i- 
 
 triict. the money appropriated, other than tor surveys, as far as 
 
 fgs'wa/^m.) t'iin be without detriment to the interests of the Govern- 
 ment, by contract. 
 Materials to^be All materials for the construction and repair of light- 
 tracts. '^' ^' houses, light-vessels, beacons, buoys, and so forth, shall be 
 ji. s., /,r,i;r,. procured by public contracts, under such regulations as 
 the Board may from time to time adopt, sul)ject to the 
 approval of the Secretary of Commerce and Labor, and all 
 works of construction, renovation, and repair shall l)e 
 made by the orders of the Board, under the immediate 
 superintendence of their engineer secretary, or of such 
 engineer of the Army as may be detailed for that service. 
 Public advcr- ]SJo contract for the erection of any lighthouse shall be 
 qu'ired.'^ "^ uiadc cxccpt aftcr public advertisement for pro])osals in 
 K.s.j.iuw. sueh form and manner as to secure general notice thereof, 
 and the same shall only be made with the lowest bidder 
 therefor, upon security deemed sufficient in the judgment 
 of the Secretary of Commerce and La])or. 
 fo^exceed^uue -^^* advaiicc of public moiu'v sliall ])v made in any case 
 of previous labor whatever. And in all cases of contracts for the iiiM-form- 
 
 or service. ,. • iU i !• £ t.' ^ £ 
 
 R.s.,s6/,s. ance ot any service, or the delivery of articles ot any 
 description, for the use of the United States, payment 
 shall not exceed the value of the service rendered, or of 
 
 «The Secretary of the Treanury states, in a letter to the Lighthouse 
 Board, dated July 1(1, 1874, that this act "is held by the Department 
 to api)ly to ])uhlie buildings under the supervision of the Lighthouse 
 Estahlishment." 
 
LIOHT-HOUSP] BOARD 71 
 
 tli(^ articles delivered previously to such payment. It 
 shall, however, be lawful, under the special direction of 
 the President, to make such advances to the dishursino- 
 otiicers of the ooxcrmnent as may he necessary to the 
 faithful and prompt discharo-c of their respective duties, 
 and to the fultilhnent of the public en<^'a(>'ements," The 
 rresident may al-^o direct such advances as he may deem 
 necessary and proper, to persons in the military and naval 
 service employed on distant stations, where the discliarg-e 
 of the pay and emoluments to which they may be entitled 
 can nt)t be r(\uularly ett'ected. 
 
 No meml)er of the Lighthouse Board, inspector, liffht ^^. person in 
 
 , . ~ ' '^, , .' , '?, .service shall be 
 
 keeper, or othiM- person in any maimer connected with the interestcrt. 
 liofhthouse s(u-vice, shall l)e interested, either directly or ^'- •'^'•. ^'''■'''''• 
 indirectly, in any contract for Ia])or, materials, or supplies 
 for the liiihthouse service, or in any patent, plan, or mode 
 of construction or illumination, or inany article of supply 
 for the liohthouse service. 
 
 The Secretary of Commerce and Labor is authorized to^p^,*J|"°*^^J^^ries 
 reuulate the salaries of the respective keepers of light- "f keepers, 
 houses ill such manner as he deems just and proper, but '" "' 
 the whole sum allowed for such salaries shall not exceed 
 an average of six hundred dollars to each keeper. 
 
 Sections 45S5, 4586, and -iSST of the Revised Statutes, ij^f^^;^.*™^"*^,,';/ 
 and all other acts and parts of acts providing for the assess- pj^yf^H \n ma- 
 ment and collection of a hospital tax for seamen, are hereb}?^ ""uj/V'^e^m. 
 rep(^aled, and the expense of maintaining* the [Public (2-5^<a<.,57.) 
 Health and] Marine Hospital Service shall hereafter be 
 borne by tlie Ignited States out of the receipts for duties on 
 toiuiage pr()vid(>d for b}' this act; and so much thereof as 
 ma}' be necessary is hereby appropriated for that purpose.* 
 
 LAND 
 
 The Lighthouse Board is authorized, whenever an appro- ,. Purchase of 
 
 ■7 11/1 !• * ^ hghtliouse Site. 
 
 priation lias been or may be made by Congress tor a new Ji.s.,i,Goo. 
 lighthouse, the proper site for which does not belong to the 
 United States, to purchase the necessary land, provided the 
 purchase-money be paid from the amount appropriated for 
 such lighthouse. 
 
 "rnder date of .Tune 15, 1S77, the President directed that needful 
 advances of moneys ai)i)ropriated for the Liji:hth()nse EstabHshnient 
 be made to olHeers of the Army and Navy acting as engineers or in- 
 spectors in that service. (Filed in office of First Comptroller, A^o. 94GS, 
 Ji. /,9.) 
 
 '' It is provided by Treasury Department Circular No. 77, 1875, 
 dated .June 2.S, 1S75, thrt "Sick and disabled seamen employed on 
 vessels of * * * the I.ightiiouse Service will be admitted to the 
 benefits of the Marine Hospital Service upon application of their 
 respective commanding otiicers." 
 
72 LTGHT-HOUSE HOARD 
 
 Nomnneypaid ^^-^ puhlic inouov .sliall be cxpendecl upon any site or land 
 
 luitii title exum- I J 1 o. , ^j; .i ' • jt a.- 
 
 iiud, and consent purcna.secl by the United otates tor tlie i)ur}io,se.s ot erectnig 
 "^'J^.'^^ I55?"' thereon any armory, arsenal, fort, fortitieation, nayy-yard, 
 custom-house, /i(//if/ioi/.sr, or other public building, of any 
 kind whateycr, until the written opinion of the Attorne}^- 
 General shall be had in fayor of the yalidity of the title, 
 nor until the consent of the legislature of the State in 
 which the land or site may be, to such purchase, has been 
 given. The district attorneys of the United States, upon 
 the application of the Attorney-General, shall furnish any 
 assistance or information in their power in relation to the 
 titles of the public property lying within their res[)ectiye 
 districts. And the Secretaries of the Departments, upon 
 the application of the Attorney-General, shall ])r(K'ure any 
 additional eyidenco of title which he may deem necessary, 
 and which may not be in the possession of the otHcers of 
 the goyernment, and the expense of procuring it shall be 
 paid out of the appropriations made for the contingencies 
 of the departments respectively. 
 ^w^^Jssy.^''' That hereafter all legal services connected with the \iyo- 
 (25 Stat., 9u.) curement of titles to site for pu])lic l)uildings, other than 
 for life-saving stations and pier-liettd JUjlitx^ shall be ren- 
 dered by United States district attorneys: Vi'ovUli'd fur- 
 ther^ That hereafter, in the procurement of sites for such 
 public buildings, it shall be the duty of the Attorney- 
 General to require of the grantors in each case to furnish, 
 free of all expenses to the government, all requisite 
 abstracts, official certifications, and evidences of title that 
 the Attorney-General may deem necessary. 
 
 thorfled*"to lin'.- '^^^^^ President of the United States is authorized to pro- 
 cure assent (if cure the assent of the legislature of any State, within 
 R. k, is3b. Avhich any purchase of land has been made for the erection 
 of forts, magazines, arsenals, dock-yards, and other it ced fid 
 hiilldhigs, without such consent having been obtained. 
 ereetednndrees*^ No 1 /(jJdhouf<e, heacoii., public picrs, or landmark, shall 
 ^''/"'s' iGci ^^^ built or erected on any site until cession of jurisdiction 
 over the same has been made to the United States." 
 Cession may \ ccssiou by a State of I'urisdiction over a place selected 
 
 reserve serving , » . •' *- 
 
 process. as th(> site of a liglithous(\ or other structure or work of 
 
 K. s., i,(,i,'2. the Ijighthouse Establishment, shall be deemed sufficient 
 within the preceding section, notwithstanding it contains 
 a reservation that process issued imder authority of such 
 State niay continue to be served within such place. And 
 notwithstanding any such cession of jurisdiction contains 
 no such reservation, all process may be served and executed 
 within the place ceded, in the same manner as if no cession 
 had l)een made. 
 
 lighthouses. ^"^ Whenever preliminary surveys are required to ascertain 
 R. s., 1,663. the necessity' for any lighthouse, lightship, beacon, or other 
 warning to vessels, the erection of which is or may he au- 
 thorized 1)3' law, or to determine the pro[)er site for the 
 same, or to ascertain more fully what the public exigency 
 
 "Thi.s spf'lioii is ainendt'd in special cases to allow lights on leased 
 ground. 
 
LIGHT-HOUSE BOARD 7.*^ 
 
 roquiros. the Secretary of Comniorce and Labor may cause 
 th(> no(M'ssarvoxaniinations and surveys on the soa-})oard to 
 1)0 made uiuliM' tlic direction of the Superintendent of tlii^ 
 Coast [and (Jeodi'ticj Sui-vey, and those on the northwest- 
 ern hd<es to he made uiuh'i' the diiHM'tion of the C'()r})s of 
 Knoineers. In all cases in which adverse r(^])or(s are made, 
 thev shall he suhmitted to Conorrss at its next session. 
 In all cases in which the objects authoi-i/ed are favorably 
 leported upon, the works may be conuuenced inunediately 
 after valid titles and cessions of jurisdiction shall have 
 lieen ()l)tained to the sites. 
 The Secretarvof C'ommerceand Labor shall have iwwer secretary may 
 
 11 "i . • ,"^ I II- i.' . sell real estate. 
 
 to order the sale at auction, alter due puhlic notice, or .rune j.i, ;.•.?/,, 
 any real estate or other property ])ertainin_o- to the \j'^ 'J:\it- l'ii',^!i'.'''j;f~^l.^/'l!_ 
 house Kstablishment, no lono'er required for lighthouse ''"''•'• 
 inirposes; the ])roceeds of such sales, after the payment 
 therefrom of the expenses of makincT the same, to be 
 de])Osited and covered into the Treasury as miscellaneous 
 receipts, as now provided l)y law in like cases. 
 
 I The Liuhthouse Board is authorized to lease the neces- Leased grouiui. 
 sarv o-round for all such liii'lits and beacons as ai"e used to 
 point out chano'oabh^ channels, and which in conseijuence 
 cannot be made permanent. Some thirty waters were in- 
 cluded in appropriation act of March 3, 1903.] 
 
 The Secretary of Commerce and Lalior is hereby author- Titio to pier- 
 ized, whenever he shall deem it advisal)le, to acquire, by suel 
 donation or purchase in behalf of the United States, tlie fissul/^sri) 
 riiiht to use and occupy sites for * " * pier-head 
 beacons the establishment of which has been, or sliall 
 hereafter 1)(\ authorized ]>y Congress. 
 
 The jurisdiction of the Lit^'hthouse Board is extended so . saginaw nmgre 
 that it shall l)e lawful for said board to lease the necessary ^^.ua,-. s. isTr,. 
 «j'round for erection and maintenance of lights to guide into *^* *''^^' ^^"-^ 
 the cut through the outer l)ar at the mouth of the Saginaw 
 River, in the State of ^lichigan.' 
 
 The I-iighthouse Board is hereby authorized to estal)lish^jr'om^e^^Lake 
 a small pier-head light on the pier of the Portage Lake ' jmhc^o, 2,s7.s. 
 Ship Canals, Lake Superior, and to lease so much of said (~o stat., an.) 
 pier as may be necessary for said purpose. And the pro- 
 vision of sections three hundred and fffy-Jive and fort y- 
 x'l.r Jniadrrd (nut .s!.i'ti/-a)ie of the Revised Statutes of the 
 United States shall not be applicable to this structure so ■ 
 far as title to the site thereof and cession of jurisdiction 
 thereover are involved." 
 
 Authority is hereb}^ given to the Secretary of Com- ^j^ecretary may 
 merce and Labor to lease, at his discretion for a period not pied u. s. prop- 
 exceeding five 3'ears, such unoccupied and unproductive '^'^j]^^,. _, ;s~9 
 proj^erty of the United States under his control, for the i-'o siat, ass.) 
 leasing of which there is no authority under existing law, 
 and such leases shall be reported annually to Congress. 
 
 "The law i>r()hibitinj; the cojistrnction of Gdvornnicnt Iniildings on 
 leased ^'rouiid (R. 8. 355 and 4G(Jl) m here made inai»i)Iiealjle. 
 
74 LIGHT-HOUSE BOARD 
 
 of'i'ind'^"'"^*'"" ^'^ every ease in wliidi the Secretary of the Treasury 
 Aiuj.'i, isss. or any otlicr officer of t]>e (jrovernment has l)een, or here- 
 (;25.sYa«., 3.W.) ^^^^j. ^c^\ ],p^ authorizcd to procure real estate for the 
 erection of a j)uhllc hnllding or for other ptihlic uses 
 he shall be, and is hereby, authorized to acquire the same 
 f6r the United States b}^ condemnation, under judicial 
 process, whenever, in his opinion, it is necessary or advan- 
 tageous to the (xovernment to do so, and the United States 
 circuit or district courts of the district wherein such real 
 estate is located, shall have jurisdiction of proceedings for 
 such condemnation, and it shall be the duty of the Attorney- 
 Oeneral of the United States, upon every application of 
 the Secretary of Commerce and Labor, under this act, or 
 such other officer, to cause proceedings to be conunenced 
 for condemnation, within thirt}' daj's from the receipt of 
 the application at the Department of Justice. 
 Sec. 2. The practice, pleadings, forms and modes of proceed- 
 
 ing in causes arising under the provisions of this act 
 shall conform, as near as may be, to the practice, plead- 
 ings, forms and proceedings existing at the time in like 
 causes in the courts of record of the State within which 
 such circuit or district (nnirts are held, any rule of the 
 court to the contrary notwithstanding. 
 
 LIGHTS AND BUOYS 
 
 Pierheads to The Lighthousc Board shall properly mark all pier-heads 
 bc^marked.^ l)olonging to tlic United States situated on the northern 
 '' "' " "" and northwestern lakes, whenever the board is duly noti- 
 fied by the department charged with the construction or 
 repair of pier-heads that the construction or repair of any 
 such pier-heads has been completed. 
 
 (1 ?sf o n u iuie'f '^"'^*^' Secretary of Commerce and Labor may, upon the 
 
 and reestab- recomuKmdation of the Lighthouse Board, discontinue 
 
 ^'*!^!s:, /,fi;;j. from time to time such lights as may from any cause 
 
 become useless or unnecessary. And he may, upon the 
 
 like reconmiendation, from time to time reestablish any 
 
 lights which have been thus discontinued whenever he 
 
 believes such reesta])lishment to be required by public 
 
 convenience or the necessities of trade or couunerce. 
 
 Life-sayinj? The Secretary of the Treasurv may also establish such 
 
 station.s at light- ri-/. • t , 'j • i i i- 'i j.i ' • i • • i 
 
 houses. • [life-savmgj stations at such lighthouses as, in his judg- 
 
 ji. s., /Mr,. nient, he shall deem best, and the keepers of such lights 
 
 shall take charge of such boats and apparatus as may be 
 
 put in their charge respectively, as a part of their otiicial 
 
 duties. 
 
 at^HKiuhouses"' The Secretary of War is authorized to estal)lish signal 
 ii.!^.,'233'. " stations at lighthouses and at such of the life-saving sta- 
 tions on the lake or sea coast as may be suitably located 
 for that purpose, and to connect the same with such points 
 as may be necessary for the proper discharge of the signal 
 service by means of a suitable telegraph line in cases where 
 
 I 
 
LIOIIT-HOUSE BOARD 75 
 
 no lines arc in ()])(Mali()n. to be constructed, niaintainod, and 
 worked under the diriH'tion of the ('lii(>t' Sjonal OfHeer of 
 the Arniv, or th(^ Secn^tary of War and tlu» Secretary of 
 v'oinnierei^ and Labor; and thc^ use of the lifc-savin*i" sta- 
 tions as siunul stations shall be sul)ject to such regulations 
 as may be a>i"reed upon by said oflicials. 
 
 Kverv person who holds out or shows any false lio-lit, or renuity for 
 extin.uuisluvs any true li^-ht, with intent to brino- any ves- ^"^y ^JJ^'lj^j^ 
 sel. sliiliiiii' ui><ui the sea, into danger, or distress, or ship- 
 wreck, shall be ])uni.shed by a tine of not more than tive 
 thousand dollars, and imprisoned at hard labor not more 
 than ten y(nirs. 
 
 The Lighthouse Boai'd uiay, when tli(\y deem it is nee- MarkiiiKot 
 essarv, i)lace a li^ht-vessid, or other suitable wai-nino- oV^J^''^'^' ^„~r,. 
 dani;er, on or over any wreck or temporary obstruction to 
 the (Mitrance of any harbor, or in ihe channel or fairway 
 of any bay or sound. 
 
 WheiuM-er any of the li<iht- vessels occupying- positions PormancMit 
 which are adapted to the erection of lighthouses upon pile rf.plar'.ul^du-Ve^^^ 
 foundations recpiire to be rebuilt, or require sucli extensive ^^'^'J- ^, ^^^^,^, 
 repairs as to render the substitution of such lighthouses 
 advisable and practicable, such permanent structures may 
 be erected in place of any such light- vessels; but the ex- 
 pense arising from all such changes and erections shall be 
 defrayed from the general annual appropriations for 
 repairs, and so forth, of light-vessels, except when a 
 special appropriation is made for such change. 
 
 All buovs alonir the coast, or in bays, harbors, sounds, ^^""/^io be 
 or channels, shall l)e colored and numbered, so that passuig bomi. 
 up the coast or sound, or entering the I )ay, harbor, or ^''- ''^■' '''''"^'• 
 chaiuud, red ])uoys with even numbers shall l)e passed on 
 the starboaid hand, black buoys with uneven nimibers on 
 the ])()rt hand, and buoys with red and Idack stripes on 
 either hand. Buoys in channel-waj's shall be colored with 
 alternate white and black perpendicular stripes. 
 
 All parties owning, occupying, or operating bridges over l i jr h t i n g 
 any navigable river shall maintain at their own expense, |'^^'/,\if^VVhx^^^^^^^^ 
 from sunset to sunrise, throughout the voar, such lights on ^v';//'*f!-9 ^ 
 their bridges as may be re(piired by the Tjighthouse Board 
 for the security of navigation; and in addition thereto, all 
 persons owning, occupying, or operating any bridge over 
 any navigable river shall, in any event, maintain all lights 
 on their bi-idge that may ])e necessary for the securit}^ of 
 navigation. " 
 
 MTSCEIJ.ANEOU8 
 
 Masters of lio-hthouse tenders shall have police powers in Masters of 
 
 , , • • ' . r^ i. i. I 1 • toiidors have po- 
 
 matters pertannng to Cxovernment property and sm uggluig uw i.owors. 
 
 " . June IG. ISSO. 
 
 Any person who shall willfully and unlawfull}' injure impairing pub- 
 anv pier, breakwater, or other work of the United States ^\iup. iX is76. 
 
 ' ( 19 Stat. ,139.) 
 
 "Tlu' luaintcnaiK'c of lii^litn l)y owners of l)ri(l<,'t'S is rt'qniretl hy 
 acts authorizinuf construction of Ijriilges. 
 
T<> LIGHT-HOUSE BOARD 
 
 for the iniprov(MiiGnt of rivovs or liarl)ors, or iiiiviuiition 
 ill the United States, shall, on conviction thereof, be pun- 
 ished l\y a tine not exceetlino- one thousand dollars. 
 
 Isn'khdTfih.) It shall not be lawful for any person or persons to take 
 Sec. ih. possession of or make use of for any purpose, or ])uild 
 
 upon, alter, deface, destroy, moye, injure, obstruct by 
 fastening vessels thereto or otherwise, or in any manner 
 whatever impair the usefulness of any sea wall, liulkhead, 
 jett}^, dike, levee, wharf, pier, or other work ))uilt by the 
 United States, or any piece of plant, fioating- or otherwise, 
 used ill the construction of such work under the control of 
 the United States, in whole or in ])art, for the pi'eservation 
 and improvement of any of its navigal)le waters or to pre- 
 v(Mit floods, or as hoiindm'y marks., tide (jmujes^ surveyliH/ 
 ■stdtlons., hif<n/s\ or other extahUsJied onar'ks., nor remove for 
 ballast or other purposes any stone or other material com- 
 posing such works: Provided., That the Secretary of War 
 may, on the recommendation of the Chief of Engineers, 
 grant permission for the temporary occupation or use of 
 any of the aforementioned public works when in his judg- 
 ment such occupation or use will not ])e injurious to the 
 public interest. 
 Penalties Evcry person and every corporation that shall violate, 
 
 Sec. 16. ^^^. ^j^.^^ .shall knowingly aid, abet, authorize, or instigate a 
 
 violation of the provisions of section * * * fourteen 
 of this Act shall be guilty of a misdemeanor, and on con- 
 viction thereof shall be i)unished by a line not exceeding 
 twent3'-live hundred dollars nor less than live himdrecl 
 dollars, or by imprisonment (in the case of a natural per- 
 son) for not less than thirty days nor more than one year, 
 or by l)oth such line and imprisonment, in the discretion 
 of the coui't, one-half of said line to l)e paid to the person 
 or persons giving information which shall lead to con- 
 viction. And any and every master, pilot, and engineer, 
 or person or persons acting in such capacity, respectively, 
 on board of any boat or vessel who shall * * * will- 
 fully injure or destroy any work of the United States 
 contemplated in section fourteen of this Act, * * * 
 shall be deemed guilty of a violation of this Act, and shall 
 upon conviction be punished as hereinbefore provided in 
 this section, and shall also have his license revoked or sus- 
 pended for a. term to be fixed ])y the judge l>efore whom 
 tried and convicted. And any boat, vessel, scow, raft, or 
 other craft used or employed in violating any of the pro- 
 visions of section * * * fourteen of this Act shall 
 he liable for the pecuniary penalties specilied in this sec- 
 tion, and in addition thereto for the amount of the dam- 
 ages don(> ])y said boat, vessel, scow, raft, or other craft, 
 which latter sum shall be placed to the credit of the appro- 
 priation for the impro\'ement of tlie harbor or waterway 
 in Avhich the damage occurred, and said l)oat, vessel, scow, 
 raft, or other craft^ may be proceeded against summarily 
 by way of libel in any district court of the United States 
 having jurisdiction thereof. 
 
LIOUT-llUCSK JJOAKD 77 
 
 'I'hc Dt'inirtiiu'iit of Justice^ shall coiKluct llic. K'^al pro- ■'■^"'- >''■ 
 ceocliiius iiecessarv to onlorcc tUo tOroiioiii*^" })rovi.si<)ns of 
 sections nine to sixteen, inclusive, of this Act. "" * * 
 
 I Authori/ation for acceptance of Statue of Lihertv, New ^^■^';">"^' "' ^^^>- 
 Voik Ilarhor, and the estal)lishnnMit of a lii>-lit there was .i/ar. .;, /.s;/. 
 o-iven by act of iMarch ;',, ISTT. By ri-esi(lent's()r(lcr of ('■■''"'•>■'''"'■) 
 December 80, l'.»Ol, all jurisdiction over this light was- 
 transferred to War Department.] 
 
 " I Maintenance of liuhts in Alaska and Porto Rico is pro- i-onlMto. '""' 
 vidcd foi' in approi)riatioii acts. | 
 
 Any law or i-egulation proirihitin*^- the employuient in .^'^'•^"i ^'i'" 
 
 the li>;ht-houses of the Llnited States of persons of more Jh/hJo, isse. 
 
 than forty-Hvc years of aye be and the same is hereby (■'"'•''"<- ^w-) 
 repealed. 
 
 The Secretarv of Commerce and Labor may authorize V'"','','^'-..- 
 
 ,.• , y ■■ •• • 1 1 I • i • !■ 1 Jan. l.:,lis9o. 
 
 the pruitm*;' of the '" '"' special i)ublications of the (^s am., ezs.) 
 
 * * * Li t>-lit-I louse Board in such editions as the ^''''■•*'^- 
 int(>rest,s of tlie (Jovernment and of the pu))lic may re([uire, 
 
 [The Otiice of the Lio-ht-Housc Board consists of a^pffl"^? ?! ^^''^ 
 ciuef clerk, at a salary or ij>*2,400, and clerks, draits- Board, 
 men, etc. J acts! 
 
 . « Aids to Xavigatitni in Porto Rico were taken charge of under an 
 order of the Preieident. 
 
CHAPTER VIII 
 BUREAU OF THE CENSUS 
 
 Before the adoption ot" the Constitution, which provided for a decen-. 
 nial enumeration on which to base representation and direct taxation, 
 estimates of the colonial population had been purel}^ conjectural. The 
 first enumeration after the establishment of our present form of gov- 
 ernment, was under the act of March 1, ITiH), which pi'ovided that it 
 should V)e taken by United States marshals, who were to make retui'ns 
 to the President. The agency of United States marshals was used 
 until the census of 1880. Beginning with the second enumeration 
 (1800), the Secretar}^ of State had general supervision, until the 
 establishment of the Department of the Interior (1849), when the 
 Census Office was placed under that Department to remain until it 
 was transferred b}^ the act approved February 14, 1H03, to the Depart- 
 ment of Commerce and Lal)or, from and after July 1, 1903. By order 
 of the Secretary, July 1, 1903, the name "Bureau of the Census" was 
 adopted. 
 
 In January, 1800, two learned societies memorialized Congress to 
 enlarge the scope of census inquir}", and in the third enumeration 
 (1810), Congress provided for the collection by the marshals of cer- 
 tain industrial statistics upon schedules prepared by the Secretary of 
 the Treasur}'. In this enumeration "an actual inquiry at every 
 dwelling house*" was prescribed. 
 
 The fourth enumeration (1820) included a limited num])er of indus- 
 trial and occupation statistics. The tifth enumeration (1830) related 
 to population oid}', and for the first time uniform printed schedules 
 were used. The Sixth Census (1840) extended its inquiries to occiq)a- 
 tions of the people and included industrial and conunercial statistics. 
 The census of 1810 marks the beginning of an eli'ort to make the 
 decennial enumeration the instrument for ascertaining something 
 beyond the mei'e number of persons of each sex and the various ages 
 of the population. Prior to that nothing had been done systematically 
 to show the growth and development of the country's industries and 
 resources. The Intei'ior Department took up the supervision of the 
 census in 1819, the first one to be taken under its direction being the 
 Seventh (1850). This census was taken on six schedules — (I) free 
 inhabitants, (2) slave inhabitants, (3) mortality, (1) productions of agri- 
 78 
 

BUREAU OK THE CENSUS 7\) 
 
 cultui't', (.">) products of iiuUistry, iiii(l(<>) socitil statistics. Tills nidical 
 aiiipiilication of statistics iiiarl<s an epoch in the liistory of census 
 tal<in«i" in tlie I'^nited States, Tliis was tlie first census to be talvcn 
 uiulcr a Superintending- clerk. 
 
 Ill 1857 Conj^ress provided for a census of Minnesota prior to its 
 aihnission as a State. 
 
 The act of May 23, 185U, under wliich tlie Seventh Census was taken 
 was the hiw under which the Eighth (1860) and Ninth (1870) Censuses 
 were taken. The work of the Eighth Census was completed under 
 (he Commissioner of the General Land Ollice. Tallying- machines 
 were first used in the Ninth Census (L87J). 
 
 In lS()i> and 1870 a special committee of Coni^-ress investi*>'ated in 
 detail census n_eeds, and the report of its cliairman, General Garheld, 
 formed the groundwork of the Tenth Census. An unsuccessful effort 
 to estahlish a quinquennial census was made in 1875. The Superin- 
 tendent of Census was first appointed l)y the President, b}^ and with 
 the advice and consent of the Senate, in the Tenth Census (1880), this 
 official having theretofore been a superintending clerk, appointed by 
 the Secretary of the Interior, under the law of 1850. In this census 
 (1880) the services of United States marshals were dispensed with, 
 and supervisors of census were appointed by the President and con- 
 firmed ])y the Senate, while the supervisors, in turn, nominated enu- 
 merators in their respective districts. Provision was made in the 
 census jict of 18.80 for an interdecennial census, in 1885, l)y au}^ State 
 or Territor}', the Federal Government to bear a portion of the 
 expense. Three States and two Territories availed themselves of this 
 opportunity. 
 
 The census of 1880, in the variety of its investigation and in com- 
 pleteness of detail, marks the beginning of the third era in census 
 taking in this country. The enumerations prior to the law of 1850 
 had in effect amounted to nothing more than a count of the population, 
 though some advance along the line of industrial statistics had been 
 made. The three censuses taken imder the law of 1850, although 
 decided improvements over the earlier enumerations, were deficient in 
 many respects. The census of 1880, by its change in the methods of 
 supervising and collecting data, and the employment of experts in 
 making special investigations, enat)led the nation to know more 
 accurately the facts concerning its population, wealth, industries, and 
 varied resources. 
 
 The census of 18'J0 was taken along the same comprehensive lines 
 as the preceding census. It was not intended originally to follow the 
 plan of the Tenth Census, ])ut the \ii\v of ]\Iarch 1, 188i>, under which 
 the Eleventh Census was taken, supplemented by later legislation 
 requiring information as to "farms, homes, and mortgages," resulted 
 practically in as many different subjects of iiuiuiry, and as man}^ vol- 
 
80 HUEEAU OF THE CENSUS 
 
 limes constitiitiup- the tiaal report. The work of the census was 
 assigTied to twenty-five divasions, each devoted to some special l)ranch 
 or feature. An electrical system of tabulation was used for the first 
 time in compiling- the statistics relating to population and mortality, 
 and to crime, pauperism, and benevolence. The work was completed 
 • by the Commissioner of La])or, b}" direction of Cong-ress. 
 
 The census of lOOU was taken under the act of March o, l.S!)D, ))y 
 which the Director of the Census was given entire control of the work, 
 including the appointment of the statisticians, clerks, and other 
 emplo3"ees of the Census Office. The decennial work was limited to 
 inquiries relating to population, mortality, agriculture, and manufac- 
 tures, but provision was made for the collection of statistics relating 
 to various special subjects after the completion of the decennial work. 
 This division of the work constituted a radical departure from the 
 course })ursued at the two preceding censuses, at which the effort was 
 made to carry on, practically^ simultaneous!}', the work relating to 
 twenty or more distinct subjcicts of investigation. The general reports 
 of the Twelfth Census, comprised in ten quarto volumes, were pub- 
 lished, in conformity with the requirements of the census act, on or 
 before July 1, 1902, or within two yeai'S from the date set for the 
 legal termination of the enumeration work. The system of electrical 
 tabidation was again enq)]oyed in the work of the Twelfth Census, 
 after a competitive test, and was utilized to advantage in thetal)uiation 
 of the statistics of population, mortality, and agTiculture. 
 
 The necessity for the establishment of a permanent statistical 
 bureau to which the work of the decciuiial census might also be 
 intrusted, was recognized, indirectly at least, as early as 1845, and 
 beginning with 1800 reconnnendations for the establishment of a 
 national bureau of statistics were embodied in the annual reports of 
 the Secretar}^ of the Interior up to and including the year 1865. 
 
 Similar suggestions were made after that date for the establishment 
 of a central bureau of statistics at Washington, but no direct action 
 toward providing for a permanent census office, as such, was taken Ijy 
 Congress until February KJ, I8!>i, when the Senate directed the Sec- 
 retar}^ of the Interior to consider and report on the expediency of the 
 establishment of a permanent ciuisus bureau. No final action in the 
 matter was taken by C-ongress, however, and nothing more was done 
 until March 19, 1890, when the Conmiissioner of Labor was directed 
 to report to the Congress for its consideration, as soon as practical)le, 
 a plan for a permanent census service. The Commissioner of Labor, 
 under date of December 7, 1896, reported, as thus directed, a tentative 
 organic administrative act by which an independent census office was 
 to be established, leaving the details of the Twelfth and subsiujuent 
 censuses to the officers having them, respectively, in charge. Noth- 
 ing came of this effort, however, and no provision was made for a 
 
BUREAU OF THE CENSUS 
 
 81 
 
 ncriiuiiiciit cHMisiis ollico until the i)ii,s.siio-o of the act of Murcli <!, ll»<>2. 
 This net, uiuU'i- which the pci'iiiaiuMit Coiisus Oilicc was organized 
 ,hilv 1, 15>(>2, provides, in addition to the collection of statistics of 
 i)opulation, mortality, agriculture, and inanufactuies at tlu> decennial 
 period, for (d) the collection decennially of statistics relatino- to special 
 classes, includino' the insane, feel)le minded, deaf, duinh, and blind; 
 to crime, pauperism, and benevolence, includino- prisoners, paupers, 
 juvenile deliiupients, and iiunates of bene\()l(Mit and reformatory 
 institutions; to social statistics of cities; to pul)lic indet)tedness, valua- 
 tion, ttixation, and expenditures; to religious bodies; to electric light 
 and power, telephone, and telegraph 1)usiness; to transportation l)}^ 
 water, express business, and street railways; to mines, mining, ([uar- 
 ries. and minerals; (h) the collection annually of statistics of births 
 and di'aths in registration areas; and of the statistics of cotton pro- 
 duction of the country as returned by the ginners; {<;) the collection 
 in i9(»r>, and every ten 3"ears thereafter, of the statistics of manufac- 
 tures under the factory system; and (d) the collection from time to 
 time of additional statistics relating to agriculture, mamifactures, 
 mining, transportation, fisheries, or any other branch of industry that 
 may be required b}' Congress. 
 
 Siiperintendenfn and Directors of the Census tritJi dates of service. 
 
 Superintending clerk. 
 
 Josepli C. G. Kennedy . 
 
 James 1). B. De Bow . . . 
 
 Do 
 
 Joseph C. G. Kennedy . 
 
 Do 
 
 Francis A. Walker 
 
 Superintendent. 
 
 Francis A. Walker . 
 Cliiirlcs \V. Seaton . 
 Robert P. Porter... 
 
 Commissioner of Ldlior in chanje Eleventh Ceni'us 
 Carroll D. WriRht 
 
 Director. 
 
 William R. Merriam 
 
 S. N. D. North 
 
 May 
 Mar. 
 
 July 
 June 
 Feb. 
 
 Apr. 
 Nov. 
 Apr. 
 
 31,1850 
 
 18, 1853 
 
 1855 <i 
 
 1,1858 ft 
 
 1,1860 
 
 7, 1870 
 
 1,1879 
 4, 18M1 
 17, 1880 
 
 Out. 5, 1893 
 
 Mar. 
 June 
 
 7, 1899 
 9,1903 
 
 Mar. 18, 
 Dec. 31, 
 
 May 31, 
 Mav 31, 
 Nov. 21, 
 
 Nov. 3, 
 Mar. 3, 
 July 31, 
 
 June 
 
 1853 
 1854 
 
 ISliO 
 ]sr,5 
 1871 
 
 1.S81 
 1.S85 
 1893 
 
 «To prepare report on mortality. 
 
 i) To prepare digest of manufactures. 
 
 LAW PERTAINING TO THE BUREAU OF THE CENSUS 
 
 [As modified by act of February 14, 1903.] 
 
 The actual enumeration shall be made within three years ^^"^i''l%l'^2 
 after the first meeting of the Congress of the Ihiited States, 
 and within every subsequent term of ten years, in such 
 manner as they [Congress] shall by law direct. 
 27028—04 
 
82 BUREAU OF THE CENSUS 
 
 ccnsu'" iLuie '^^^^ CciLsus Office temporarily^ estaljlishcd in the Depart- 
 
 permanent. iiicnt of the Interior in accordance with an Act entitled 
 
 (Sa1:/iS" "An Act to provide for taking the Twelfth and subse- 
 
 .S(c. 1. qiient censuses," approved March third, eighteen hundred 
 
 and ninety-nine, is herel)y made a permanent office. 
 Twelfth cen- The work pertaining- to the Twelfth Census shall be car- 
 ^"permanent ried On ])y the Census Office under the existing organiza- 
 ^sec"!.^"*^^*^"' t^*^" until the lirstday of July, nineteen hundred and two, 
 when the permanent Census Office herein provided for 
 shall be organized by the Director of the Census. 
 ^ec^'sT^' '^^6 permanent Census Office shall be in charge of a 
 
 Director of the Census, appointed by the President, by 
 and with the advice and consent of the Senate, who shall 
 receive an annual salary of six thousand dollars. It shall 
 be his duty to superintend and direct the taking of the 
 Thirteenth and subsequent censuses of the United States 
 and to perform such other duties as ma}" be imposed upon 
 him by law. 
 Organization. There shall ])e in the Census Office, to l)e appointed hy 
 the Director thereof, with the approval of the head of the 
 Department to which the said (Census Othce is attached, 
 cians!^ ^ ^ *' ^ f our chicf statisticians, who shall be persons of known and 
 tried experience in statistical work, at an annual salary of 
 Chief clerk, two thousaud fivc hundred dollars each; a chief clerk, at 
 an annual salary of two thousand five hundred dollars, 
 or, when. ' "^^ who, in the absence of the Director, shall serve as acting 
 eierk*^^"'^*^^"^^^^^"^^'^^^"' ^ disbursing clerk, who shall also act as appoint- 
 ment clerk, at an annual salary of two thousand five hun- 
 dred dollars; one stenographer, at an annual salary of 
 Chiefs of divi- one thousand five hundred dollars; four expert chiefs of 
 division, at an annual salary of one thousand eight hnn- 
 cierks, etc. drccl dollars each; six clerks of class three; ten clerks 
 of class two; and such number of clerks of class one, 
 and of clerks, copyists, computers, and skilled lal)orers, 
 with salaries at the rate of not less than six hundred dol- 
 lars nor more than one thousand dollars per annum, 
 messengers, assistant messengers, watchmen, unskilled 
 lal)orers," and charwomen as may l)e necessary for the 
 proper and prompt performance of the duties recjuired by 
 oiEl^LV^^V'^hiw. The disbursing clerk herein ])rovided for shall, be- 
 
 clerk, bona of. . r* . , . . ^ , , - 1 ■ i V 
 
 tore entering upon his duties, give bond to tlie Secretary 
 of the Treasury in the sum of twenty-five thousand dol- 
 lars, which bond shall be conditioned that the said officer 
 shall render a true and faithful account to the proper 
 accounting officers of the Treasury quarter yearly of all 
 moneys and properties which shall be received by him by 
 virtue of his office, with surety, to be approved by the 
 Solicitor of the Treasury. Such bond shall l)e filed in the 
 office of the Secretary of the Treasury, to be l)y him put 
 in suit upon any breach of the conditions thereof. 
 Temporary em- All employees of the Census Office, at the date of the 
 
 plovees eligible « i • . i -n i i i i 
 
 for appointment, passage of this Act, cxccpt Unskilled laborers, may be 
 ^'^^ ^' appointed by the Director of the Census with the approval 
 
 «As amended June 30, 1902 (32 Stat., 506). 
 
BUKEAU OK 'I'lIK CENSUS 88 
 
 ot" tlir lit'jul t)l' tlic DopiirtiiUMit to wliicli said ("ciisus 
 
 OHicc is uttaclu'tl, uiul wlioii so ji}){)()iiit(Ml sliall lu> and 
 
 thov all' hoivl)y phurd, witlioiit fui'tlu'f cxaiiiiiiatioii, im- 
 
 diM" the pr()visit)ns of the civil sorvicc Act approved fluiiu- 
 
 ary sixteenth, eijihteen hundred and ei^lity-thi'(>e, and 
 
 the amendments thereto and the rides estal>lished th(;i-e- 
 
 nnder; and persons who have served as soUliers in any war soidicrs, pivf- 
 
 in whicli tlie Tnited Stati's may have l)een en»i-a,i;ed, who'"^'''"'^' 
 
 liave heen honoraldy discharged from the service of the 
 
 United Stati's, and the Avid(^)ws of such sohliers, shall ha\e Sdidi.rs' wid- 
 
 preferencc in the matter of employment; and all new ""n,'.\v"^''u',',p,'!J',',\': 
 
 appointments to the permanent clerical force in the Census '"^'"''*- 
 
 ()|}ice hereby created shall he made in accordance with the 
 
 reipurements of the civil service Act al)ove referred to. 
 
 All the provisions of the Act of March third, eijii'litcen . 'ri"'",'', '"'.'• 
 hundred and ninety-nine, relating to the Twelfth Census, stilt.',' ioi:.'.V ^" 
 not inconsistent with the i)rovisions of this Act, shall re- '"'•''■ 
 main in full force and eti'ect for the taking- of the Thirteenth 
 and sul)se(|uent censuses. 
 
 Section eiiilit of the Act of March third, eit^hteen hundred jf*,r"!j"'J,s'i.)'\s *•' 
 and ninety-nine, is herebv amended so as to read as follows: saiiuiidid.' cm 
 That after the com])leti()n and return of the enumeration ''''Jllei.'./"^'''' 
 and of the work upon the schedules relatin(>"to the products 
 of ai»'riculture and to manufacturing- and mechanical estal)- 
 lishments provided for in section seven of this Act, the Di- 
 rector of the Census is herein' authorized decennially to col- Diconniai stu- 
 lectstatistics relatingto special classes, including- the insaiu^ ^' y|,'^r,".j,ii ..lasxcs 
 feeble-minded, deaf, duml), and blind; to crim(>, pauperism, 
 anil benevolence, includinu- prisoners, paupers, juvenile de- 
 lincjuents. and inmates of IxMievolentaiid reformatory insti- 
 tutions; to social statistics of cities;" to public indebtedness, cuies, etc 
 valuation, taxation, and expenditures; to relio'ious bodies; 
 to electric light and power, telephone, and telegraph busi- 
 ness ; to transportation by water, express l)usiness, and street 
 railways; to mines, mining, quarri>es and minerals, and the 
 produi'tion and value thereof, including gold in divisions 
 of ])lacer and vein, and silver mines, and the uuml)er of 
 men employed, the average daily wage, average working 
 time, and aggi'egate earnings in the various ])ranches and 
 aforesaid divisions of the mining and ([uarrying- industries 
 until fluly lirst, nineteen hundred and four. And the 
 Director of the Census shall prepare schedules containing sciuduks. 
 such interrogatories as shall in his judgment be best adapted 
 to elicit the information re([uired under these subjects, 
 with such specifications, divisions, and particulars under 
 each head as he shall deem necessary to that end; and all 
 reports ])rei)ared under the provisions of this section shall 
 be desigiiiiti'd as "Special n^jmrts of the Census Office." iHsiKimti<m of 
 For the purpose of securing the statistics reipiired by this '^'''""^'*'' 
 section, the Director of the C'ensus may appoint special special uKints. 
 agents when necessary, and such special agents shall receive 
 compensation as hereinafter provided: Provided.^ That the 
 
 « I)ei)artmeiit Circular No. 3 traiisferrt'd to the l^nrt-au of the Censu.s 
 from tliL- Hiiri-au ni I.al)or statistics of cities of ;iO,000 and over; act of 
 July 1, ISUS, siv i>age 64. 
 
84 BUKEAU OF THE CENSUS 
 
 rustn^-tua ''''''''' '^''^^'^^^^^^^'^ ^^" '■'Peciul chis.ses, and of crime, paiiperi.sin, and 
 ])enevolence .specilied in this section, shall he restricted to 
 institutions containing- such classes and the Director of the 
 Census is authorized and directed to collect statistics relat- 
 
 iK'-.ii. dumi.,ing- to all of the deaf, dunil), and l^lind, notwithstanding 
 and blind. the restrictions and limitations contained in section eight 
 
 of said Act entitled "An Act to provide for taking the 
 Twelfth and subsequent censuses": Provided^ That in 
 _^^inquiries lim- taking the ccusus of Said classes the in({uiries shall be con- 
 lined to the following four questions, naniel_y: Name, age, 
 sex, and post-office address. 
 
 Births und There shall be a collection of the statistics of the births 
 
 '^iec.^'i'. and deaths in registration areas for the year nineteen 
 
 hundred and two, and annually thereafter, the data for 
 which shall be ol)tained onh^ from and restricted to such 
 registration records of such states and municipalities as 
 in the discretion of the Director possess records affording 
 
 Comrensiitioii. satisfactory data in necessary detail, the compensation for 
 the transcription of which shall not exceed two cents for 
 each birth or death reported. 
 
 In the 3X'ar nineteen hundred and live, and every ten 
 
 Manufactures, years thereafter, there shall be a collection of the statistics 
 stat^'tfcs'oV "^ ^ of manufactures, confined to nruuifacturing establishments 
 
 Sec. a. conducted under what is known as the factory system, 
 
 exclusive of the so-called neighborhood and mechanical 
 industries; and the Director is hereby authorized to pre- 
 
 scheduies. pare such schedules as in his judgment may be necessary 
 to carry out the provisions of this section; and that in 
 addition to the statistics now provided for by law the 
 Director of the Census shall ainiuall}' collect the statistics 
 
 Cotton produc- of the cottou ]3roduction of the country as returned by 
 tisteof!"'^' ^"^"^b*^ g'"^^!^!"'^ and bulletins giving the results of the same 
 
 Bulletins. shall be issued weekly beginning September first of each 
 year and contimied till Fei)ruary first following; and that 
 "the Director of the Census shall mak(\ from time to time, 
 
 statistics, ad- au V Jidditioual special collections of statistics relating to 
 
 ditional special * i i i? • li. i: l • • 4- 
 
 coiiuctions of. Huy branch of agriculture, manuracture, mining, transpor- 
 tation, fisheries, or any other l)ranch of industry that may 
 be required of him by Congress. 
 Census act, Section seventeen of the Act of March third, eighteen 
 
 Stat!, ioiiu' hundred and ninety-nine, is hereby amended so as to read 
 
 NiTo^*"^' a« follows: 
 
 Special agents. "" Sec, 17. That the Special agents appointed under the 
 provisions of this Act have like authority with the eiui- 
 merators in respect to the siil)jects committed to them 
 
 compeusati( .i. under this Act and shall receive compensation at rates to 
 be fixed by the Director of the Census: Provided^ That the 
 same shall in no case exceed six dollars i)er day and actual 
 
 Expenses. neccssary traveling expenses and an allowance in lieu of 
 subsistence not exceeding three dollars per day during 
 their necessary al)sence from their usual place of residence: 
 Aiid provided fart her ^ That no pay or allowance in lieu of 
 subsistence shall be allowed special agents when employed 
 in the Census Office on other than the special work com- 
 
BITREATT OK TIIK CENSUS 85 
 
 mitt(>(l to them, :ukI no iippointmciits of special aj^-ents 
 shall he made for elerical work: And jfroridal furl her. 
 That the Director of the Census is herel)v authorized in his 
 iliscretiou to empk\v the clerical force of the Census ^^'''<"<\,,J,'|>'[j™,l„/^J',7 
 for such field work as ma}' be required to carry out the ..i for ikM work. 
 provisions of sections seven, eiy-ht, and Jiine, in lieu of 
 (•nii)lovino- s})ecial au'cnts for that puipose; and such eni- 
 ])l()vei's wlien so employed shall he allowt'd. in addition to 
 their ren'ular compensation, actual nec(>ssary traveling- 
 expenses and an allowance in lieu of sul>sistence not exceed- kxi>iiiscs. 
 \\\*X three dollars j)er day duriny their necessary abscMice 
 from the Census Otlice. All em])lovees of the Census Kini.ioyccs. 
 Odice shall he citizens of the United States." ' 
 
 'rhi> printinuf office estal)lished in the Census Office is ''''!"''",^' ""'•^■'^ 
 luM'eby abolished to take effect fluly first, nineteen hundred' ">,'. //. ' 
 and two. and the outfit and (Miuipment therein shall be 
 turned over to the Public Printer; and the Directoi- of the 
 Census is herebv authorized and directed to ha\e pi'inted, ,, . ,. , 
 
 , ,. , I ,•,.., , , . . 1 II • iTltlllllfJ il II (I 
 
 published, and distributed, from tune to time, bulletins i.iii.iisimiK. 
 and reports of the preliminary and other results of the "^"' ""'''■ 
 various investioations authorized by law; and all of said 
 ])rintino- and bindino- shall be done b}' the Public Printer 
 at the (lovernment Printino- Ofiice. 
 
 The suppU'iuental acts amendatory of the Act of March ^:^^;^^'''^'"^- 
 third, eiohteen hundred and ninety-nine, approved Fel)- 
 ruary first, nineteen hundred. May tenth, nineteen hun- 
 dred. eFune second, nineteen hundr(>d, Fe])ruary twenty- 
 third, nineteen hundred andone, ar(> hereby repealed; and 
 all provisions of the Act of Marcli third, eighteen hun- Provisions in- 
 dred and niuetv-nine, inconsistent with this Act are hereb}- peaM.*^ ^ 
 repealed. 
 
 The Director of the Census be, and hereby is, authorized ,iJt".if*^^'°" ^^^' 
 and directed, upon the completion of the volume of agri- June so, 1902. 
 cultural statistics, t-he year eighteen hundred and ninety- ^^~ ''"'••^''"•' 
 nine, to complete and bring up to date of the crop year of 
 nineteen hundred and two, the statistics relating to irriga- 
 tion, the area of land reclaimed, the cost and value of the 
 woi-ks, and such other information as can be obtained 
 bearing upon the present condition of irrigation. 
 
 The unexpended balance of the appropriation made by Appropriation 
 the sundry civil appropriation Act approved March third, '^"." ,5,^ as, i.902. 
 nineteiMi hundred and oii(% for salaries and necessary ex- (^2 stat., ise.) 
 penses for taking and compiling results of the Twelfth Cen- 
 sus is hereby reappropriated and made availa))le for con- 
 tinuing the work of taking the Twelfth Census, and for all 
 ex]ienscs. including cost of all printing, arising underand 
 authorized by the Act to provide for a permanent Census 
 Ollice, approved March sixth, nineteen hundred and two, 
 including the purchase of necessary law books, books of 
 reference and periodicals, and manuscripts: Proi'idcd, 
 That estimates in det-ail for the expiMises of the perma- i),,tnii,.,i ,.sti- 
 nent Census Office for the fiscal year nineteen hundred nmus. 
 
86 BUREAU OF THE CENSUS 
 
 and four and annually thereafter shall bo submitted in 
 the regular Book of Estimates. 
 
 Repeal of Thc repeal of the supplementary^ acts amendatory of the 
 
 coiistnied!^^ '^^ ** Act of March third, eighteen hundred and ninety-nine, 
 
 is^'siat'f'Ti.) enumerated in section twelve of the Act of March sixth, 
 
 nineteen hundred and two, entitled "An Act to provide 
 
 for a permanent Census Otiice," shall not be construed to 
 
 Effoc t i ve, take eti'ect until the termination of the temporary organi- 
 
 wheii. zation of the otEce as provided in the last-named Act: 
 
 And pro/u'dcd yu/'f/iei\ That the dislnirsing clerk of the 
 
 Census Office may pay out of the census fund on or after 
 
 June thirtieth, nineteen hundred and two, to employees 
 
 Employees not of tho officc wlio are iiot to be reappointed on Jidy first, 
 
 reniipointed aifor whatcvcr Icavc of abscucc thc Director of the C'cnsus 
 
 l(i\ve(l [)av lor . , . ,. . ,, , ^ , 
 
 leave. iii'iy, in his discretion, allow them, not to exceed, however, 
 
 the annual leave authorized by existing law; such payment 
 to be in addition to the salary due them for services ren- 
 dered to that date. 
 
 Philippine een- Whenever the existing insurrection in the Phili])pine 
 
 sns by Philippine T i i i n i i i t^- i* i i 
 
 Commission. Islaiids sluill havo ccascd and a condition of general ana 
 
 j"/^/yjw2 complete peace shall havo been established therein and the 
 
 sec.G'isa n'lat.^iiici shall 1)0 certltied to tho President by the Philippine 
 
 Commission, the President, upon being satistied thereof, 
 
 shall order a census of the Philippine Islands to be takiMi 
 
 by said Philippine Commission; such census in its inciuiries 
 
 relating to the population shall take and make so far as 
 
 practicable full report for all the inhabitants, of name, age, 
 
 SOX, race, or tril)e, whether native or foreign l)orn, literacy 
 
 in Spanish, native dialect or language, or in English, school 
 
 attendance, ow'nership of homes, industrial and social 
 
 statistics, and such other information separately for each 
 
 island, each province, and municipality, or other civil 
 
 division, as tho President and said (Jommission may deem 
 
 President may necessary: Provided^ That the President may, upon the 
 
 T.'J,'?^...?.?/'^'"'i"equest of said Commission, in his discretion, omijlov the 
 
 oi trie (uyCiisiis. -*, »i^i ¥■» • •!• 1 ij 
 
 service ot tho Census Bureau in compiling and promulgat- 
 ing thc statistical information above provided for, and may 
 commit to such Bureau an}' part or portion of such labor 
 as to him ma}^ seem wise. 
 
 Census to com- « A consus of tho population, of deaths, and of the man- 
 ^"^Iror",?,' i,s.w. ufacturing, mechanical, and agricultural products of the 
 
 Ifa/'^l"'" ""''•^ United States shall be taken in tho year nineteen hundn^d, 
 and once every ton years thereafter.. 
 
 Transferred ^^''^ pvo/v'ded further^ That employees in existing 
 employees. l)ranchos of tho departmental service, whoso services may 
 be specially desired by the Director of the Census, not 
 exceeding six in all, may be transferred without examina- 
 tion, and at the end of such service the employees so trans- 
 ferred shall bo eligible to appointment in any department 
 without additional examination, when vacancies exist. 
 
 «See sec. 6, page 83; sec. 12, page 85. 
 
BUREAU OF TIIK rKNRUS 87 
 
 Tlu> colloi'tion of the iuforiiiutioii rcMiuinMl by tliis_ Act ,,,/;\f;;;,;",:;,'.;,';"- 
 slmll 1)0 nmdo, under the direction of the Director of the s,cr.. 
 Census, 1)V supervisors, enumerators, and special agents, 
 as hereinafter provided. 
 
 Tlie Twelfth Census shall he restricted to i'^q"''"'^'^ p/;!;V!\'\T,Mni 
 rel:itin*i" to the population, to uiortality. to the products iTwiiftiiKVnsus 
 of auriculture and of nianufacturini;-and mechanical estah- '"^^Vrjuiiation 
 lishments. The schedules relatino-'to the population shall "'{l^^;;^';'"-- 
 comprehend for each iidiabitant the nam(\ a^-e, coh)r, sex, 
 conjuo-al condition, place of l)irth, and place of birth of 
 pariMits. whether alien or naturalized, number of j^oars 
 in the United States, occupation, months unemployed, 
 literacy, school attendance, and owner.ship of farms and 
 homes"; and the Director of the Census may use his dis- 
 cretion as to the construction and form and muu))er of 
 in(|uiri(\s iKH-essary to secure information under the topics 
 aforesaid. The mortality schedules shall comprehend f or ^^Jf^JJ^i^^; ' '^^' 
 each decediMit the name, sex, color, aye, conjugal con- 
 dition, i)lace of birth, and l)irthplace of parents, occupa- 
 tion, cause and date of death, and, if born within the 
 census year, the date of ))irth. The form and arrano-e- 
 ment of the schedule and the specific questions necessary 
 to secure the information required shall l)e in the discre- . 
 
 tion of the Director. The schedules relating- to aoricul-sciiwlufel 
 ture shall comprehend the following- topics: Name of occu- 
 pant of each farm, color of occupant, tenure, acreage, 
 value of farm and improvements, acreage of diticrent 
 products, quantity and value of products, and numl)er and 
 value of live stock. All questions as to quantity and value 
 of crops shall relate to the year ending- December thirty- 
 first next preceding the enumeration. The specific form 
 and division of inquiries necessary to secure information 
 under the foregoing topics shall bein the discretion of the 
 Director of the Census. The schedules of inquiries relat-^ Martufacturing 
 ing to the products of manufa<!;turing and mechanical *^ ^^' " ^''' 
 esta])lishments shall embrace the name and location of 
 each establishment; character of organization, whether 
 individual, cooperative, or other form; date of commence- 
 ment of operations; character of l)usiness or kind of goods 
 manufactured; amount of capital invested; number of 
 ])ropri(»tors, firm members, copartners, or officers, and 
 the amount of their salaries; munbcr of emplo\'ees, and 
 the amount of their wages; quantity and cost of materials 
 used in maiuifactures; amount of miscellaneous expenses; 
 quantity and value of products; time in operation during 
 the census year; character and quantity of power used, 
 and character and nund)er of machines employed. The 
 form and sul)division of inquiries necessary to secure the 
 information under the foregcnng topics relating to manu- 
 facturing and mechanical industries shall be in the discre- 
 tion of the Director of the Census. The information col- 
 lected shall be of and for th(> fiscal year of such corpora- 
 tions or (>stablishments havini;- its termination nearest to 
 
88 BUKEAir OF THE CENSUS 
 
 dmwii'from"tm^^^^^ '^'^*^^ preceding- the first of June, nineteen luindred, When- 
 iiumtors. ever he shall deem it expedient, the Director of the Cen- 
 
 Munufactures. ^^^^ ^^^^^ withhold the schcdulcs for said manufacturing 
 and mechanical statistics from the enumerators of the 
 several subdivisions in any or all cases, and ma}^ charge 
 the collection of these statistics upon special agents, to l)e 
 
 Mortality. employed without respect to locality. In cities or states 
 where an ofiicial registration of deaths is maintained the 
 Director of the Census may, in his discretion, withhold 
 the mortality schedule from the several enumerators within 
 such cities or states, and may obtain the information 
 required by this Act through ofiicial records, paying there- 
 for such sum of money as may be found necessary, not 
 exceeding two cents for each death thus returned. The 
 
 AiaskM ami j)ji-(.(.t()i. of th(^ C-cusus is also authorized and dii-ected to 
 
 n aw 11 mm Is- -^ i i • • i- j.i j- £ i.i 
 
 luiKis. make suitable provisions tor the enumeration ot the 
 
 population and products of Alaska and the Hawaiian 
 Islands, for which purpose he may employ supervisors 
 and enumerators oi- special agents as he may deem neces- 
 consus iviMiris ^j^j.y ^he Only volumes that shall be prepared and i)ub- 
 lished in connection with the Twelfth Census, except the 
 Special Reports hereinafter provided for, shall relate to 
 population, mortality and vital statistics, the products of 
 agriculture, and of manufacturing and mechanical estab- 
 lishments, as above mentioned, and shall be designatinl as 
 and constitute the C-ensus Reports, Avhich said reports shall 
 be published not later than the first day of July, nineteen 
 Tabios inoiud- hundred and two. The report upon ])opulation shall include 
 reiM'.rt'"'''"'"^'"" a scrics of separate tables for each state, giving by counties 
 the number of male persons below and above the age of 
 twenty-one years, their color, whether native or foreign 
 born, whether naturalized or not, and their literacy or 
 English terms illiteracy. All terms expressing weight, measure, distance, 
 to be used. ^^, value shall be expressed in the terms of the English 
 language as spoken in this countiy. 
 Supervisors. The Director of the Census shall, at least six months 
 Sec. 9. prior to the date fixed for commencing the enumeration 
 
 at the Twelfth and each succeeding decennial census, 
 designate the number, whether one or more, of super- 
 visors of census to be appointed within each state and 
 territory, the District of (Joluml)ia, Alaska, and the Hawai- 
 ian Islands, who shall be appointed by the President, l)y 
 and with the advice and consent of the t'enate: Provided^ 
 Number limit- That the wliolc numl)er of such supervisors shall not 
 Di.stricts. excecd three hundred: ^l;;c/';>/Y>/vV^c7,/''//'?'/'<r, That where- 
 ever practicable and desii-a))le the boundaries of the super- 
 visors' districts shall conform to the boundaries of Con- 
 gressional districts. 
 Supervisor's Each supcrvisor of census shall be charged with the 
 "^scc.'io. performance, within his own district, of the following 
 
 duties: To consult with the Director of the Census in 
 regard to the division of his district into subdivisions 
 di^trict?.''^'"'"" most convenient for the purpose of the enumeration, which 
 
BUREAU OF THE CENSUS S9 
 
 sutxlivisions shall !)(> (Icclarcd and tlu' bouiidaiics tlicicof 
 lixcd l)V tlio nircctor of the Cciisus; to d('si<>na((> to the ., 
 
 DllVftur SUltal)l(> IXTSOMS, and, with the COIlStMlt or said of enumerators. 
 
 niroftor, to (Mn])loy such jum'sohs as oiminorators within 
 his district, one or more for each sul)divisi()n and resident 
 therein; but in case it shall occur in any enumeration dis- 
 trict that no person qualitied to perform and willin<>" to 
 undertake the duties of eiuuuerator resides in that sub- 
 division the supervisor may em])loy an\' tit pcM'son to be 
 the eiuuuerator of tiiat subdi\ ision: to couuuunicate to 
 cinuuerators the necessary instructions aiul (lirecti()iis ,,J",^["1^' '""' 
 relating' to tludr duties; to examine and scrutinize the Kximiinc ic 
 returns of the eniunerators, and in event of discre})ancit's correct deiviis 
 or deficiencies ai)pe!irin<i- in the returns for his district, to ""'''""■'"'■ 
 use all diliji'ence in causini^- tlu^ same to 1)C corrected and 
 supi)litHl; to forward to the Director of the Census th(> 
 coinpleted returns for his district in such tinu^ and maniuM- 
 as shall. l)e prescribed by the said Director, and to '>'iil<^^.,.rli\v enmni'nl' 
 up and forward to the Director the accounts re([uire(l for tors' lit couiits. 
 ax-ertainino- the amount of compensation (hu; to each enu- 
 merator in his district, which accounts shall be duly sworn 
 to by the emimerator, and the same shall be certified as 
 true and correct, if so found, by the supervisor, and said 
 accounts so sworn to and certified shall l)e accepted by the 
 said Director, and pa^niient shall be made thereon ])y draft 
 in favor of each enumerator. The duties imposed upon afeonuiue'Vith 
 the supervisor by this Act shall be performed, in any and i»'*t"»ftio"**- 
 all particulars, in accordance with the instructions and 
 directions of the Director of the Census: Proivded^ That p.iii„i.p ;„ 
 if the supervisor of any district has not been appointed q"aiifiv'>tiou of 
 and (jualified on the ninetieth day preceding the date fixed *'"^'^^^'*'*'^' 
 for the connnencemcnt of the enumeration, the Director ^ . 
 of the Census may appoint a special agent, who shall be a mavTe*^ uppmn"- 
 resideut of the same district, to perform the work of sub- dltdct!"'^'"^ '*^^ 
 division into enumeration districts: And provided.. That 
 
 1 11 1 i. • 1 Removal of su- 
 
 anv supervisor who may 5U)andon, neglect, or improperly pcrvisor forneg- 
 perform the duties required of him by this Act may be''"'^'- 
 removed ])v the Director of the Census, and any vacancy Vacancies. 
 thus caused or otherwise occui'ring during the progress of 
 the enumeration may be tilled by the Director of the 
 Census. 
 
 Each supervisor of census shall, upon the completion compensation 
 of his duties to the satisfaction of the Director of the " ^c'^*/;"^"'^^" 
 Census, receive the sum of one hundred and twenty-five 
 dollars, and in addition thereto, in thickly settled districts, 
 one dollar for each thousand or majority fraction of a 
 thousand of the ])opulation enumeiated in such disti'ict, 
 and in sparsely settled disti'icts one dollar and forty c(Mits 
 for each thousand or majority fraction of a thousand of 
 the p()i)uliition enumerated in such district; such sums to 
 be in full compensation for all services rendered and ex- 
 penses incurred by him, except that in serious emergencies 
 arising during the progress of the enumeration in his dis- 
 
90 BUREATT OF THE CENSUS 
 
 trict, or in connection witli the roenumcration of any sul>- 
 
 division, he may, in the discretion of the Director of the 
 
 pensel'^^"'^ ^^ Ccnsus, be allowcnl actual and necessary traveling- expenses 
 
 Subsistence, and an allowance in lieu of subsistence not exceedino- three 
 dollars per daj^ during his necessary absence from his 
 usual place of residence, and that an appropriate allowance 
 
 Clerk hire. for clcrk hire may l)e made when deemed necessary by the 
 Director of the Census: Provided., That in the ao-g-reg-ate 
 
 Minimumeom- j^q supcrvisor shall bc paid less than the sum of one thou- 
 
 pensation 11,000. i ^. i, m ] • .• j; -i 4.- 
 
 sand dollars. Ihe designation ot the compensation per 
 thousand, as provided in this section, shall be made by the 
 Director of the Census at least one month in advance of 
 the date fixed for the commencement of the enumeration. 
 Enumerator's Each enuuieratoi" shall be charged with the colhn'tion, 
 
 *^ser'j2. ill liii-^ subdivision, of facts and statistics required by the 
 
 population schedule, and such other schedule's as the 
 
 Director of the Census may determine shall ])e used by 
 
 him in connection with the census, as provided in section 
 
 Visit each lam- scvcu of this Act. It sliall be the duty of each enumerator 
 
 ''^' to visit personally each dwelling house in his sul)division, 
 
 and each family therein, and each individual living- out of 
 a family in any place of abode, and l)y inquiry made of 
 the head of each family, or of the member thereof deemed 
 most credil)le and worthy of trust, or of such individual 
 living out of a faiuily, to obtain each and every item of 
 information and all particulars retiuired by this Act as 
 of date June first of the year in which the enumeration 
 Obtain infor- shall l)e made. And in case no person shall be found 
 
 er persons. at the usual pUice of abode of such family, or individual 
 living out of a family, competent to answer the in([uiries 
 made in compliance with the requirements of this Act, 
 then it shall be lawful for the enumerator to obtain the 
 required information, as nearly as may be practicable, from 
 the family or families or person or persons living nearest to 
 Certify and for- such placc of abode; and it shall be the duty of each enu- 
 
 ward schedules, j^^gi-^tor to forward the original schedules, dul,y certihed, 
 
 to the supervisor of census of his district as his returns 
 
 Supply defi- under the provisions of this Act; and in the event of dis- 
 
 recteVror"'^ '^*^'^' crepancies or deficiencies being discovered in his said 
 
 returns he shall use all diligence in correcting or supply- 
 
 r>-.t„.„ ., ■„ ing the same. In case the subdivision assigned to any 
 
 Distinguish in- ^ , o • i "j 
 
 habitants ui (it- enumerator embraces all or any part ot any mcorporated 
 les, villages, etc. ij^^^.^j^t,.^^ village, towu, or city, and also other territory 
 not included within the limits of such incorporated borough, 
 village, town, or city, or either, it shall be the duty of the 
 enumerator of such subdivision to clearly and plainly dis- 
 tinguish and separate, upon the population schedules, 
 the inhal)itants of all or any part of such l)orough, village, 
 town, or city, as may be embraced in the subdivision 
 assigned to such enuiuerator, from the inhabitants of the 
 Supervisors territory not included therein. No enumeratoi- shall l)e 
 Z'rS."" '""' deemed qualified to enter upon his duties until he has 
 received from the supervisor of census of the district to 
 which he belongs a commission, und(U" his hand, authoriz- 
 
BtTREAU OF THK rKNftUS 91 
 
 ino- him (o ixM't'onn the (luti(\s of iiii oiuuiM'nitoi'. uiul sot- 
 tiii"' forth the houiuliiries of th(> sulxlixision within which 
 siiich duties are to he ])erforiiie(l hy liiiii. 
 
 The suhdivision assioned to any eminierator shall not '>i«trictsnotto 
 exceed four thousand inha])itants as near as may be, ihaii j.oooinim'i" 
 accordiiiL-- to estimates based on the preceding- census or "'!:l^,J.^-^j 
 othtM" reliable infoi'mation, and the boundaries of all sul)- 
 (livisioiis shall be clearly described by civil divisions, riv- 
 ers, roads. |)ut)lic surveys, or oth(»r easily distinouished 
 lines: Pror/dal, That enumerators mav be assioned for the insti tut ion 
 speciid enumerati-on or uistitutions. when (lesirable, witli- 
 out reference to tlu^ number of inmates. 
 
 Any sui)ervisor of census may, with the approval of t^hc^^^^'^^^J^^'^'^'^'J'^"^' "f 
 Director of the C\msus, remove any enumerator in his srr.v,. 
 district and till the vacancy thus causinl or otherwise 
 occui-rino-. Whenever it shall appear that any portion "f e/roneous re- 
 the enumeration and census provided for in this Act has turns. 
 Immmi neoliu'ently or imj)roi)erIy taken, iind is by reason 
 thereof incomplete or erroneous, the Directo'.' of the Cen- 
 sus may cause such incomplete and luisatisfactory enu- 
 meration and census to b(^ amended or made anew under 
 such methods as may, in his discretion, b(» practica])le. 
 
 I'he Director of the Census may authorize and direct ^"t^'yp refers 
 suj)ervisors of census to emplo}^ interpreters to assist the .sec. 15. ' 
 enumerators of their respective districts in the enumera- 
 tion of persons not speakin^' the Enolish lan^uaoe. The 
 compensation of such interpreters shall be tixed by the Compensation. 
 Directoi" of the Census In advance, and shall not exceed 
 four dollars per day for each day actually and necessarily 
 employed. 
 
 The compensation of the enumerators shall be ascer- Enumerators' 
 tained and tixed by the Director of the Census as follows: scc. w. 
 In sulxlivisions where he shall deem such allowance suf- 
 ticient. an allowance of not less than two nor more than 
 three cents for each living- inhabitant and for each death ^.J'^,^^ ■■ ("apita 
 reported; not less than tifteen nor more than tw^enty cents 
 for each farm; and not less than twenty nor more than 
 thirty cents for each establishment of productive indus- 
 try enumerated and returned may Ije given in full com- 
 pensation for all services. For all other subdivisions per Per diem rates. 
 diem rates shall l)e tixed by the Director of the Census 
 according- to the diihculty of enumeration, having- refer- 
 ence to the nature of the region to be canvassed and the 
 density or sparseness of settlement, or other considerations 
 pertitKMit thereto; but the compensation allowi^d to any 
 enumerator in any such district shall not ])e less than three 
 dollars nor more than six dollars i^ei' day of ten hours'* 
 actual lield work each. The subdivisions to which the Fixed in ad- 
 several rates of compensation shall apply shall be desig- ^''^"^■^'■ 
 nated l)\- the Directcn- of the Census at lea.-.t two weeks in 
 advance of the enumeration. No claim for mileage or J/ir''"*^' ''''" 
 
 .1- 1111111 • penses. 
 
 travelmg- expenses shall be allowed any enumerator m 
 either class of subdivisions, except in extreme cases, and 
 then ordy when authority has l)een pi-e\ iously gi'aiited by 
 
92 BUREAU OF THE CENSUS 
 
 the Director of the Census, and the decision of the Director 
 as to the amount due any enumerator shall be final. 
 [Sec. 17 omitted here, is given on page 8-i.] 
 
 Oath of office. No Supervisor, supervisor's clerk, enumerator, inter- 
 preter, or special agent shall enter upon his duties until 
 he has taken and subscribed to an oath or affirmation, to 
 be prescribed l)v the Director of the Census; and no sup- 
 
 Empioyees not ervisor, Supervisor's clerk, enumerator, or special agent 
 
 n1edor"^as"istecLf^hall be accompanied by or assisted in the performance of 
 
 his duties by any person not duly appointed as an officer 
 
 or employee of the Census Office, and to whom an oath or 
 
 affirmation has not been duly administered. All appoint- 
 
 Empioyees, ees and employees provided for in this Act shall be 
 how appoint.fi. .^ppf)ij^t(id or en'ii)loyed, and if examined, so examined, as 
 the case may be, solely with reference to their fitness to 
 perform the duties herein provided to be ])v such emi)l()vee 
 or appointee performed, and without reference to their 
 political })arty affiliations. 
 
 Eminuration. The enumeration of the population required by this Act 
 shall commence on the first day of June, nineteen hundred. 
 
 Time "f I'.nn- ^nd ou the first day of June of the year in which each 
 succeeding enumeration shall be made, and be taken as of 
 that date. And it shall be the duty of each enumerator 
 to complete the enumeration of his district and to prejiare 
 the returns herein])efore required to l)e made, and to for- 
 ward the same to the supervisor of census of his district, 
 
 Time of rom- OU or bcforc tlic first day of July in such ^ear: Proi'ided^ 
 
 pietion. That in any city having eight thousand inhabitants or 
 
 more under the preceding census the enumeration of the 
 
 population shall be taken and completed within tw o weeks 
 
 from the first da}' of June as aforesaid. 
 
 Penalties. If any pcrson shall receive or secure to himself an}' fee, 
 
 reward, or compensation as a consideration for the appoint- 
 ment or employment of any person as enumerator or clerk 
 or other employee, or shall in any way receive or secure 
 to himself any part of the compensation provided in this 
 Act for the services of any enumerator or clerk or other 
 employee, he shall be deemed guilty of a misdemeanoi-, 
 and on conviction thereof shall be fined not more than three 
 thousand dollars, or be imprisoned not more than one year, 
 or both, in the discretion of the court. 
 
 Refnsai to per- Any supcrvisor, supervisor's clerk, enumerator, inter- 
 *"*°c.*i"!'''*'' prefer, special agent or other employee, who, having taken 
 and subscribed the oath of office recjuired by this Act. shall, 
 without justitiable cause, neglect or refuse to perform the 
 duties enjoined on him liy this Act, or shall, without the 
 authoritv of the Director of the Census, comnumicate to 
 
 Commnnioa- - ^ ji • i ^ • ^i • ,• 
 
 ting informa-any pcrsou uot autiiorizcd to receive tiie same any mtor- 
 ^'""' mation gained by him in the performance of his duties, 
 
 shall be deeuKHl guilty of a misdemeanor, and upon convic- 
 tion shall be lined not exceeding five hundred dollars; or 
 False oath. if he shall wiUfully and knowingly swear or affirm falsely, 
 he shall ])e deemed guilty of perjury, and upon conviction 
 
BUREAU OF TilK (KNSUS 98 
 
 tluM-cof >li:ill 1)»' imprisoned not. oxccedinji; throo yoiirs aiul 
 
 l)r lined not exeeedinii- eiu'lit hundred dolhii-s; or if lie, sluUl ,,.,^i^,. ^.^^.rni\. 
 
 wiilfullv and Unowinoly make a false certilieatc or a lieti- <'it'' <"■ lictitious 
 
 tioiis return, he shall l>e i^uilty of a misdemeanor, ami 
 
 upon i-oiu ic-tion of eitlu'r of the last-named oll'enses he 
 
 shall l>e tin(>d not exceedin*;- ti\e thousand dollars and Ix; 
 
 im])risoned not exceeding' two years. 
 
 Kaeh and every porson more than twenty years of aj^e .svc^'L'!*^^' 
 beloii*];ino- to an\' family residinj"- in any enumei'atioii dis- 
 trict or subdivision, and in ease of the absence of the 
 heads and other m(>mbersof any such family, then any icp- 
 resentative of such family, shall be, and each of them 
 hereby is, reciuired, if ther(>to re((ueste(l by the Director, 
 supervisor, or enumerator, to render a true account, to 
 the best of his or her knowled>i'e, of every person bcdonj^- 
 ino;to such family in the various particulars required, and 
 whoever shall willfully fail or refuse to render such true 
 account shall be ouilty of a misdemeanor, and upon con- ^^^.i^^^^^^ i^for. 
 viction thereof shall be fined in a sum not exceeding onematioii. 
 hundred dollars. And every president, treasurer, secre- i"d'^*'^"'^'«- 
 tary, director, a^-ent, or other officer of every corpora- , inuers of cor- 
 tion. and every establishment of productive industry, pomtioiis. 
 whether conducted as a corporate body, limited liability 
 company, or by private individuals, from which answers 
 to anv of the schedules, inquiries, or statistical interroga- 
 tories provided for by this Act are herein required, who 
 shall, if thereto requested by the Director, supervisor, 
 enumerator, or special agent, willfully neglect or refuse 
 to give true and complete answers to any in({uiries author- 
 ized by this Act, or shall willfully give false information, 
 shall be guilty of a misdemeanor, and u|)on conviction 
 thereof shall be fined not exceeding ten thousand dollars, 
 to which may be added imprisonment for a period not 
 exceinling one year. 
 
 All tines and penalties imposed by this Act may ))e„f pemS™''''* 
 enforced by indictment or information in any court of com- "'■"• ~^- 
 petent jurisdiction. 
 
 The Director of the Census may authorize the expendi- pj,!;^^^"^'"*'' ^^' 
 ture of necessary sums for the traveling exi)enses of the '"^ecu. 
 t)tticers and emplovees of the Census Office and the inci- i>i''<ii-"tiii ex- 
 denttil ex])enses essential to the carrying out of this Act 
 as herein provided for, and not otherwise, including the '^•^'"i- 
 rental of sufficient cpiarters in the District of Columbia 
 and the furnishing thereof. 
 
 In case the Director of the Census deems it expedient ^.j™'^'''^*'"^'^^" 
 he may contract for the use of electrical or mechanical •■>«■• se. 
 devices for tabulating purposes: Proi'lded^ That in such 
 case due notice shall be given to the public, and no system 
 of tat)ulati()n shall ])e adopted until after a piactical test 
 of its merits in competition with other systems which may 
 be oll'ered. 
 
 All mail matter, of whatever class, relative to the census M'}'\ transmit- 
 and addressed to the Census Ofhce, the Director of the see 27. 
 
94 BUREAU OF THE CENSUS 
 
 Census, [Assistivut Director,] chief clerk, supervisors, 
 enumerators, or special agents, and indorsed ''Official 
 business, Department of Conmierce and Labor, Census 
 ivnaity for im Office," shall be transmitted free of postage, and byreg'is- 
 'rank!^ '""^ " tcrcd mail, if necessar}', and so marked: Pj-or!ded, That if 
 » any person shall make use of such indorsement to avoid 
 the payment of postage or registrj^ fee on his or her private 
 letter, package, or other matter in the mail, the person so 
 offending shall l)e guilty of a misdemeanor and subject to 
 a fine of three hundred dollars, to be prosecuted in any 
 court of competent jurisdiction. 
 fr\?/*')ther^D" "^^^ Secretary of Commerce and Labor, on request of 
 partments. tliG Director of the Census, is hereby authorized to call 
 tsec.28. upon any other department or office of the Government 
 
 for information pertinent to the work herein provided for. 
 Records, etc., Such records, books, and files as relate to preceding cen- 
 cenfeaises'''^traulsuses, and the printing-office outfit used in the Eleventh 
 ^'^^^'''^«„ Census, and such furniture and propertv of whatever 
 
 nature used at the Lleventh Census as may he necessary 
 in conducting the work of the Census Office and can be 
 spared from present uses, shall be transferred to the cus- 
 tody and control of the Census Office created by this Act. 
 Inventory o f The Said fumiturc and property shall ))e inventoried by 
 ferred!^^ '^'"^"*' the proper officers of the Department of the Interior 
 when such transfer is made, and a copy of the inventory 
 filed and preserved in the office of the Secretar}' of the 
 Interior and of the Director of the Census. 
 Copies of pop- Upon the request of the governor of any state or terri- 
 
 uUition returns i , i • ,. ,.■ ■• • • i j. 
 
 furnished States, tory, or the chief oihcer of any municipal govei'nment, 
 
 sec.so. ^j^^ Director of the Census shall furnish such governor or 
 
 municipal officer with a copy of so much of the popula- 
 tion returns as will show the names, with tlie age, sex, 
 color, or race, and Ifirthplace only of all persons enumer- 
 ated within the territory in the jurisdiction of such gov- 
 ernment, upon payment of the actual cost of making such 
 copies; and the amounts so received shall be covered into 
 the Treasury of the United States, to l)e placed to the 
 credit of, and in addition to, the appropriations made for 
 taking the census. 
 
 Official seal. 'Y\\Q Director of the Census shall provide the Census 
 Office with a seal containing such device as he may select, 
 and he shall file a description of such seal with an impres- 
 sion thereof in the office of the Secretary of State. Such 
 seal shall remain in the custody of the Director of the 
 Census, and shall be affixed to all certificates and attesta- 
 tions that may be required from the Census Office, 
 
 Appropriation Yov tlic Organization and equipment of the Census Office 
 available. to perform the preparatory work necessary to carry out 
 
 Sec.s2. ^^^ provisions of this Act, the sum of one million dol- 
 
 lars, to be available on the passage of this Act, is hereby 
 appropriated, out of an}^ money in the Treasury- not 
 otherwise appropriated, and to continue available until 
 exhausted. * * * 
 
BUREAU OF THE ("KNSUS 95 
 
 T!u' Art tMititliMl "All Aot to provide for the tukino- ot\,<V'';;^;^^,, '"^^t- 
 flic Kli'vcntli aiul suhsociiuMit eeiisuses,"' aiiiiroviHl Mtircli iiunnsisiiMt 
 tirst. eiiiliteiMi hmulri'd uiul eiulity-miu'. iiiid all laws aiul |„.„u.,i. 
 iiarts of laws iiu-oiisistiMit with tiie i)i'o\isiotis of this Act •'''«• ■'•^• 
 are luMvby repealed. 
 
 For a c-lerk of class four, to act as cimisus clerk, and for Cousiis <kTk. 
 rent, salaries, heat, and li^ht incident to the proper care- 
 anil preservation of the records of the Eleventh and pre- 
 vious censuses, six thousand eight hundred doUars. 
 
 The unexi)ended balance of the census appropriation, H'^i'ince rcap- 
 
 , i • • i.1 \ i. 1 I i^ i propriiitiMl lor 
 
 which by the proviso in the Act approved fhme twenty- r ii i n p i)i ne 
 eighth, nineteen hundred and two, entitled "An Act ^lak-^"%l^^!, ivos. 
 inj^- u])propriations for sundry civil expenses of the Gov- (■>-' >'tat., josy.) 
 ernniont for the fiscal year ending June thirtieth, nineteen 
 hundred and three, and for other i)urposes," which was 
 reappropriated and made availa])le for continuing- the 
 work of taking the Twelfth Census, and for all expenses 
 arising under and authorized by the Act to provide for the 
 j)erinaiient Census Otiice, a})proved ]March sixth, nineteen 
 hundred and two, be, and the same is herel^v, made avail- 
 able for the purposes indicated in said proviso during the 
 fiscal year nineteen hundred and four; and that said l)al- 
 ance, or so much thereof as may l)e needed for the purpose, 
 be, and the same is hereby, also made available for such 
 expenditures as may become necessary in complying with 
 the proclamation of the President, dated September thir- 
 tieth, nineteen hundred and tw^o, pursuant to the provi- 
 sions of section six of the Act of fluly first, nineteen 
 hundred and two, entitled '"'An Act temporarily to provide 
 for the administration of the affairs of civil goviM'timcnt in 
 the Philippine Islands, and for other purposes," including 
 the cost of temporarily employing such number of persons 
 as may be necessary for the perforjnance of said work, at 
 a compensation not to exceed that which has heretofore 
 been i)aid employees in the Census Office for doing similar 
 work, such persons to be selected and employed by the 
 Director at such dates and for such periods of time as he 
 may deem proper. 
 
 The Secretary of the Interior b(% and lu^ liere))y is, an- TmnsftT of reo- 
 tliori/ed and directed to transfer to the Census Office all" .'aVh. u,um. 
 of the schedules, records, and volumes of reports of the (•' ■'■''■'"'•' '"^O 
 eleven decennial enumerations from seventeen hundred 
 and ninety to eighteen hundred and ninety, inclusive, that 
 may be in the possession of the Department of the Interior, 
 which transfer shall not change the allotment of such re- 
 ports heretofore made to Senators and Kei)resentatives; 
 and the Director of the Census is hereby authorized, upon 
 the recpicst of a governor of any State or Territory, or the 
 chief officer of any municipal government, to furnish such 
 governor or municipal officer with copies of so much of 
 
96 BUREAU OF THE CENSUS 
 
 said tiles or records as may bo requested, at the discretion 
 of the Director of the C'ensus, upon payment of the actual 
 cost of making sucii copies; and the amounts so received 
 shall be covered into the Treasury of the United States, to 
 be placed to the credit of and in addition to the appropria- 
 tion made for the taking of the census. 
 
 q.a"Itins"''state Whereas the registration of deaths at the time of their 
 tuitiioritiestoco-occuri-ence furnishes ofHcial record information of much 
 
 operate with , j. • t • i i i 
 
 Bureau of the value to iiidivuluals; and 
 
 ^'jvh"ij 190S Whereas the registration of births and deaths, with 
 {3-2'stat., mi.) information upon certain points, is essential to the prog- 
 ress of medical and sanitary science in preventing and 
 restricting disease and in devising and applying remedial 
 agencies; and 
 
 Whereas all of the principal countries of the civilized 
 world recognize the necessity for such registration and 
 enforce the same b>^ general laws; and 
 
 Whereas registration in the United States is now con- 
 fined to a few States, as a whole, and the larger cities, 
 imder local laws and ordinances which ditfer widely in 
 their requirements; and 
 
 Whereas it is most important that registration should 
 be conducted under laws that will insure a practical uni- 
 formity in the character and amoiuit of information avail- 
 able from the records; and 
 
 Whereas the American Public Health Association and 
 the United States Census Ollice are now cooperating in an 
 effort to extend the bciu'tits of registration and to promote 
 its efficiency by indicating the essential re(juirements of 
 legislative enactments designed to secure the proper regis- 
 tration of all deaths and ])irths and the collection of accu- 
 rate vital statistics, to be presented to the attention of the 
 legislative authorities in nonregistration States, with the 
 suggestion that such legislation be adopted; Now, there- 
 fore. 
 
 Resolved hy the Senate and House of lieprexentat/rcfi of 
 the United St<if<x of Anieriai in Coii(jre><K ai<i<<iiit>li(l^ That 
 the Senate and House of Kepre«entatives of the United 
 States hereby expresses approval of this movement and 
 requests the favorable consideration and action of the 
 State authorities, to tiie end that the United States may 
 attain a complete and uniform system of registration. 
 
CHAPTER IX 
 
 COAST AND GEODETIC SURVEY 
 
 A survoy of the ooa.st of the Ignited States was authorized by act of 
 Con^i'oss of Fe))ruary 10, 18(»T, and the plans formulated by F. R. 
 Ilassler. an eminent scientist of Swiss birth, were adopted. The 
 necessity of securing instruments from abroad and the breaking out 
 of hostilities with Eno-laiid dela^'ed the organization of the Survey 
 undei' the Treasury Department until 1816. The work had just begun 
 when, by act of April 14, 1818, Congress repealed so nnu-h of the 
 statute of 1807 as authorized the employment of other than aru)}^ and 
 navy officers in the Survey. 
 
 No surveys were made under the War Department, ajul after a full 
 consideration of the unsatisfactorv results ol)tained in the surve}^ made 
 under the Navy Department, as repeatedly suggested by the Secretar}'^ 
 of the Navy and others. Congress revived the law of 1807, with some- 
 what extended scope, by the act of July 10, 1832, and the work was 
 again placed under the Treasury Department. Operations had hardly 
 been resumed before President Jackson on March 11, 1884, directed 
 that the Survey be transferred to the Njivy Department. Again the 
 work proceeded so unsatisfactorih^ that in two years — March 26, 1836 — 
 it was retransferred by President Jackson to the Treasury Department, 
 where it remained until Jul}' 1,,1903, when the Coast and Geodetic 
 Survey was placed luider the supervision of the Secretary of Com- 
 merce and Labor bv act of Congress approved February 14, liH)3. 
 
 By the act of March 3. 1843, prompted by suggestions of the expe- 
 diency of a retransfer of the Survey to the Nav}' Department, Congress 
 provided that the President should organize a board to make an 
 intelligent and efficient incjuiry for the development of a plan of per- 
 manent organization for the Survey. The report of this board, giving 
 in detail its plan for reorganization, was approved by the President 
 April 2',), 1843, and the work of the Survey has been modeled for the 
 past sixt}' 3'ears on the lines then laid down. 
 
 The name " Coast and (leodetic Survey '' was authorized by its use in 
 the sundry civil a]ipropriation act approved flune 20, 1878. 
 
 The authorization of the Coast Survey in 1807 established the first 
 
 scientific bureau of the Government. As soon as the proper instruments 
 
 and skilled workmen were provided and the survey was undertaken, 
 
 97 
 27628—04 7 
 
98 COAST AND GEODETIC SUKVEY 
 
 the effect produced was a stimulus to all educational and scientific 
 work. The methods used b}^ the Survey have been the standard for 
 similar undertakings in the United States, and many commenda- 
 tions of their excellence have been received from abroad. The influ- 
 ence of the Survey in the vadous operations resulting from the 
 advancing scientific activity of the country can hardl}- be overestimated. 
 
 By joint resolution of February 5, 1889, the United States accepted 
 the invitation of the Imperial German Government to become a party 
 to the International Geodetic Association. The delegate is b}' law an 
 officer of the Coast and Geodetic Surve}', appointed ])y the President, 
 and the annual subvention of $1,500 is provided in the diplomatic 
 appropriation bill. 
 
 For fift}^ years prior to 1898, nearly one-half of the vessels of the 
 Survey were manned and ofiicered by the Navy, but since the war with 
 Spain these duties have devolved exclusively upon the civilians of the 
 service. 
 
 The work of the Survey is under the immediate supervision of the 
 Superintendent, and his representatives in the field are the assistants 
 who have charge of the parties and command the vessels. The Office 
 at Washington and the suboffices of the Survey at San Francisco and 
 Manila are under assistants. The following quotation from the sundry 
 civil appropriation act for the year 1904 indicates the field of operations 
 of the Coast and Geodetic Survey: 
 
 For survey of the coasts of the United States and of coasts 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 resurve3\s; the preparation of the Coast Pilot; continuing 
 researches and other work relating to physical hj^drography and ter- 
 restrial 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 obser- 
 vations; 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; for 
 commutation to officers of the field force while on field duty, at a rate 
 to be fixed l)y the Secretary of Commerce and Labor * * * • outfit, 
 equipment, and care of vessels used in the Survey, and also the repairs 
 and maintenance of the complement of vessels; to be expended in 
 accordance with the regulations relating to the Coast and Geodetic Sur- 
 vey from time to time prescribed by the Secretary of Commerce and 
 Labor. 
 
 The scope of the survey has been extended from time to time to 
 include Lake Champlain, the Pacific coast from San Diego to Panama, 
 a transcontinental triangulation between the Atlantic and Pacific 
 
COAST AND GEODETIC SURVEY 
 
 99 
 
 (Oiists, Mirvoys of tlio Ilawaiiuii Islandjs, Alaska, and "otlior coasts 
 iiMilor the jurisdiction of tlic Tiiitcd Stjitcs." 
 
 'Plio use of the facilities of tlie C\)ast and (Jeodctic Survey for 
 research and study by scientific investit^ators and students of any 
 institution of hiji-her education is uranted by law {'M Stat., 108JJ), and 
 resolution of April J-J, 1S!>l>. (See pa.ov i:.;i). 
 
 Xdiiics (iiid dutt'K of sirricr of clili/s af the Siirrri/ siiu'f If irnx istalillslnd. 
 
 F. R. Hassler Aug. 3, 1816 
 
 Do Aug. 9,1832 
 
 A. D. Bache Dec. 12, 1.S43 
 
 Bcnjnniin I'eirce Feb. 20, 18(17 
 
 C. 1'. riUtersou Feb. 18, 1874 
 
 J. K. Hilgnrd Dec. 22, 1881 
 
 F. M. Thorn i Sept. 1, 1885 
 
 T. C. M.Midenhan ! July 9, 1889 
 
 \Y. W. DiiincM ; Sept. 21, 1894 
 
 H. S. I'ritclu'tt ! Dec. 1, 1897 
 
 O. H. Tittnmuu Dec. 1, 1900 
 
 Apr. 14, 
 
 Nov. 20, 
 Fcl). 17, 
 Fcl). 17, 
 Aug. ir,, 
 Aug. 7, 
 June 30, 
 Sept. 20, 
 Nov. 30, 
 Nov. 30, 
 
 1818 
 1843 
 
 ist;7 
 1S74 
 IS81 
 ISSfi 
 LSS'J 
 1894 
 1897 
 1900 
 
 LAW PEKTAINING TO THE COAST AND GEODETIC SURVEY 
 
 [.\s motlilied l)y act of February 11, 1903.] 
 
 to ])0 •'^"•■veys of 
 coa.st authorized. 
 
 The President is authorized to cause a survey 
 taken of the coasts of the United States, in which shall ii.s.,/.6si. 
 be desio-nated the islands and shoals, with the roads or 
 places of anchorag'e, within twenty leagues of any part of 
 the shores of the United States; and also the respective 
 courses and distances between the principal capes or head- 
 lands, together with such other matters as he ma}" deem 
 pi'oper for completing- an accurate chart of eveiy part of, 
 the coasts. 
 
 Th(> President ma}" also cause such examinations and .^,f "[^.^^^^^^^''^'""j^ 
 observations to be made with respect to Saint George's ^'^"re!, 
 Bank, and to any other baidv, or shoal, and the soundings 
 and currents, although beyond the distance of twenty 
 leagues "from the shore to the Gulf Stream, as he may 
 deem especiallv subservient to the commercial interests of 
 the United States. 
 
 All appropriations made for the wol-k of survey-ing thep,Qj.g,j^"'*'* °™' 
 coa.stof the I'nited States shall l)e expended in accordance Ji.s.,i,6S3. 
 with the plan of reorganizing the mode of executing the 
 survey which has been submitted to the President by a 
 board of otliccrs organized under the act of March three, 
 eighteen hundred and fort^-three, chapter one hundred. 
 
 The President shall carry into eflect the plan of the . Kmpioymentof 
 
 l.^„ 1 1 , •' • ., i. •, 1 Army and Navy 
 
 uoarcl, as agreed upon b}- a majority ot its members; officers. 
 and shall cause to be employed as many officers of ^•^■'''^^''• 
 the Army and Navy of the Ihiited States as^vill be com- 
 patible with the successful prosecution of the work; the 
 
100 COAST AND GEODETIC SUEVEY 
 
 officers of the Navy to })e employed on the h^^drogi aphical 
 parts, and the officers of the Arm}' on the topog'raphical 
 parts of the work; and no officer of the Army or Mavy 
 shall receive any extra pay out of any appropriations for 
 surveys. 
 i..)u'k"' tti'" aiui '^'^^® President is authorized, in executing- the provisions 
 to employ' per- of this Title, to usc ail maps, charts, books, instruments. 
 ''T .'-■., 46i'.5. and apparatus belonginu- to the United States, and to diivct 
 where the same shall ))e deposited, and to employ all per- 
 sons in the land or naval service of the United States, and 
 such astronomers and other persons, as he shall deem 
 proper.. 
 Power to em- ^he President is authorized, for any of the purposes of 
 
 r)lov vessels ' , ^ '- '- 
 
 E. s.,'i6si;'. surveying the coast of the United States, to cause to be 
 employed such of the public vessels in actual service as he 
 deems it expedient to emplo}', and to give such instruc- 
 tions for regulating- their conduct as he deems proper, ac- 
 cording to the tenor of this Title. 
 
 Employment Officers of the Arm}' and Navy shall, as far as practi- 
 Navyoffleers. Cable, be employed in the work of surveying the coast of 
 
 ii.s.,Ae87. the United States, whenever and in the manner required 
 by the Department having charge thereof. 
 
 Aiiowiime for The Secretary of Commerce and Labor may make such 
 '^R^S'loss. allowances to the officers and men of the Army and Navy, 
 while employed on Coast and Geodetic Survey service, for 
 subsistence, in addition to their compensation, as he may 
 deem necessary, not exceeding the sum authorized by the 
 Treasury regulation of the eleventh day of May, eighteen 
 hundred and forty-four. 
 
 [Act of August 30, 181)0 (2«) Stat., 382), limits this sec- 
 tion as to su])sistence of officers of Navy. J 
 
 Small stores And hereafter the Secretary of Commerce and Labor 
 
 l^?i'(ft!x'm^pi()y "l^ i« authorized to purchase, from the appropriation for the 
 
 mofe\"eaiit'i'er' ^^^^^ ^"^^ Gcodetic Survcy, provisious, clothing, and small 
 
 .\inr.s,i'ML stores for enlisted men, and food supplies for iield parties 
 
 {ji t^tuL, iiu.) ^oi-i^iug i,^ remote localities, such provisions, clothing, 
 
 and small stores and food supplies to be sold to employees 
 
 of said Survey, and the appropriation reimbursed. 
 
 intelfdent.^''^"'' The Salary of the Superintendent of the Coast Survey 
 n. s., my. shall be six thousand dollars a year," 
 
 The Coast and Geodetic Survey report shall be suljmitted 
 Report. to Cougress during the month of December in each year, 
 
 ■ ''^■' ''''''"' and shall l)e accompanied by a general chart of the whole 
 coasts of the United States, on as large a scale as conven- 
 ient and practicable, showing, as near as practicable, the;i 
 configuration of the coasts, and showing, by lines, the" 
 probable limits of the Gulf Stream, and showing, bylines, 
 the probable limits to which the soundings off the coast 
 will extend, and showing, by the use of colors and expla- 
 
 « Five thousand dollars is appropriated. 
 
COAST AND GEODETIC SURVEY 101 
 
 nation.s, the oxiict portions of our coasts, of which coin})lcto 
 charts have hccn ])uhlishc(l hy the Coast and (Jeoch'tic 
 Siirvcv; also, siiowinii" such otlier parts of the (-oasts of 
 which the trianuiihition, th(\ topouiaphy, tiiid the souiul- 
 in«s have ln'cn coiuph'ted. hut not pul)lishc(l, and, also, 
 such parts of the coasts of which the triani^ulation and 
 top()i;rai)liy, orthetrianguhition only, have been conn)letciL 
 The Secretary of Connnerce and Labor is authorized Maps and 
 
 ,. ,i' 1 1 i J! ii i; ii cluirts and their 
 
 to dispose ot the maps and charts ot the survey ot the disposition. 
 coast of the United States at such prices and under -'^- '''•. ^esi. 
 such re^i'ulations as may from time to time be fixed l)y him; 
 and a inunbcr of c<)])ies of each sliect, not to exceed three 
 hundred, shall l)e distributed amonu- foreign o-overnments, 
 and the departnuMits of our own (lovernment, and literaiy 
 and scientihc associations as may 1)0 designated by the Sec- 
 retai'V of Commerce and Labor. 
 
 All printing- and engraving for the Coast and Geodetic ^\\l'^^';^%gg 
 Survey shall hereafter be estimated for separately and in \u kat., --iss.) 
 detail and appropriated for sepai'ately. (Applies to M^ork 
 done at Government Printing Office.) 
 
 [There shall l)e printed] of the Report of the Superin- "[os'stui^^'.) 
 tendent of the Coast and Geodetic Survey, two thousand '*c. r.^,- amcnd- 
 eight hundred copies m quarto form, bound in one yolume, {2'jstat.,/,7i.) 
 two hundred for the Senate, six hundred for the House, 
 and two thousand for distribution of the Coast and Geo- 
 detic Sur\'ey. 
 
 The charts ])ublislied by the Coast and Geodetic Suv- J^^j- i^'J^gs. 
 
 ,,,,,■ ,; 1 • J- 1 {~^ nlat., 620) sec. 
 
 vey shall be sold at cost ot paper and printing as nearly r«. 
 as practicable; and there shall be no free distribution 
 of such charts except to the Departments and officers 
 of the United States recpiiring them for public use; and 
 a number of copies of each sheet, not to exceed three hun- 
 dr(>d, to be presented to such foreign governments, libra- 
 ries, and scientific associations and institutions of learning 
 as the Secretary of Commerce and Labor may direct; i;;'t 
 on the order of Senators, Kepresentatives, and Delegate.' 
 not to exceed ten copies to each may be distributed through 
 the Superintendent of the Coast and Geodc^iic Survey. 
 
 The Secretary of Commerce and Labor may authorize Bulletins to 
 the printing of the notices to mariners, tide tables, coast '"Isv'^sa!' 
 pilots, bulletins, and other special publications of the Coast 
 and Geodetic Survey * * * in such editions as the 
 interests of the Government and of the pid^lic may require. 
 
 R. ,S., 261,. 
 
 The Secretary of Commerce and LaT)or shall report to Report ot lo 
 
 Cii ..^1 11 !• , 1 l)Oii(litures. 
 
 ongressannually thcMuimberand namesof the personsem- 
 
 ployed during the last preceding li.scal year upon the Coast 
 and (leodetic Survey and business connected therewith; 
 the amount of compensation of every kind respectively 
 paid them, for what })ur|)ose, and the length of time 
 employed; and shall report a full statement of all other 
 expenditures made under the direction of the Superin- 
 tendent of the Coast and Geodetic Survey. 
 
102 COAST AND GEODETIC SURVEY 
 
 survlvi"' ' "" ' ^ Whenever preliminary surveys are required to ascertain 
 A'. ,s„ /,«;.'. the necessity for any lig-ht-house, lig-lit-ship, beacon, or 
 other warning to vessels, the erection of which is or may 
 be authorized by law, or to determine the proper site for 
 the same, or to ascertain more fully what the public 
 exigency requii'es, the Secretar}' of Commerce and Labor 
 may cause the necessary examinations and surveys on the 
 seaboard to be made under the direction of the Superin- 
 tendent of the Coast and Geodetic Survey, and those on 
 the Northwestern lakes to be made under the direction of 
 the Corps of Engineers. * * * 
 
 ^.Mississippi The President of the United States shall, by and with 
 sio'i. ^ the advice antl consent or the Senate, appomt seven com- 
 
 t'lTstat.!s7^ missioners, * * * one from the Coast and Geodetic 
 Survey, * " * The commissioners appointed from 
 the Coast and Geodetic Survey * * * shall receive 
 no other pay or compensation than is now allowed them 
 by law, * * * And the Secretary of Commerce and 
 Labor shall, when requested by said Commission, in like 
 manner detail from the Coast and Geodetic Surv(\y such 
 officers and men as may be necessary, and shall place in 
 the charge and for the use of said Commission such vessel 
 or vessels and such machinery and instruments as may be 
 under his control and may be deemed necessary * * * . 
 
 ice. 
 
 Hospital serv- AH uccessary hospital and ambulance service * * * 
 Jnnci7.m)s. On vcssols of the * * * Coast and Geodetic Survey 
 (SO Slat., /,75.) ,siiall be i)erformed by members of said corps [Navy]. 
 
 Disbursements [The aunuid appropriation acts provide that, no advance 
 by fie d parties. ^^^ inoucv to chiefs of field parties shall be made, unless to 
 a commissioned officer, or to a civilian chief of party, who 
 shall give bond in such sum as the Secretary of Conunerce 
 and Labor may direct; for furnishing points to State sur- 
 Speeiui siir- vcys; and also for making special surveys that may be 
 required by the Light-House Board "or other proper 
 authority.''] 
 
 vey 
 
 TmpairiiiKpni)- [Damaging or destroying surveying stations is made 
 iie\v,)rks. punisha})le by act of March 3, 1899, see page TO.] 
 
 ivrs.imiei. |^j,^ addition to the Superintendent mentioned on page 
 
 loo, Assistants, Aids, editors, scientists, electrotypers, etc., 
 together with sufficient force to man the vessels of the 
 Survey, are annually pro\ided for in appropriation acts.] 
 
Organization of r)ei>artment of Commerce and LaVjor 
 
 BUILDING OCCUPIED BY THE BUREAU OF STATISTICS 
 
CHAPTER X 
 
 BUREAU OF STATISTICS 
 
 The value of the systematic and careful collection of information 
 concerning the status of our commerce was recognized early in our 
 histor}-; and, in response to resolutions of Congress, the Secretar\^ of 
 the Treasury made fre((uent reports on the sul)ject, which were sub- 
 sequently collected and published in two volumes of the American 
 State Papers. 
 
 By act of Congress approved February 10, 1820, the regular collec- 
 tion and publication of statistics of our foreign commerce was under- 
 taken. This information was gathered through the collectors of 
 customs, and a Division of Commerce and Navigation was organized 
 in the Treasuiy Department which collated and published the infor- 
 mation thus obtained. Joint resolution of Congress of June 15, 1814, 
 authorized the Secretary of the Treasury to direct the collecting, 
 arranging, and classifying of statistical information showing each year 
 the condition of agriculture and domestic trade, and to report upon 
 these subjects annually. 
 
 By ai't approved July 28, 1860, the Bureau of Statistics with a 
 Director, was established in the Treasury Department. The former 
 Division of Commerce and Navigation was consolidated with the 
 Bureau of Statistics, and the act prescribed a large I'ange of subjects 
 upon which to compile statistics. The act of Congress approved July 
 20, 1808, abolished the office of Director of the Bureau and provided 
 that the Special Connnissioner of Revenue should superintend the 
 Bureau; and the act also provided for a Deputy Special Commissioner 
 to have charge of the Bureau of Statistics. The office of Special 
 Commissioner of the Revenue expired July 1, 1870, and the title of 
 Chief of Bureau of Statistics was given to the officer in charge and 
 afterwards authorized b\' the Revised Statutes. 
 
 The work of the Bureau of Statistics was enlarged 1)}^ act of Con- 
 gress approved March 3, 1875, and statistics relating to the internal 
 commerce of the countrj^ have been published since that 3'ear under 
 special appropriations. 
 
 The old law of 1820 omitted statistics relating to connnerce, other 
 than that borne in vessels, but the act of March 3, 18S>3, amending 
 
 10.3 
 
104 BUEEAU OF STATISTICS 
 
 section 1 of the act of Jul}" 16, 189:2, remedied this by providing- for 
 statistics of exports of commodities b>^ railways and land carriages. 
 In 1902, by law approved April 29 of that year, the work of the 
 Bureau was extended to include statistics of commerce with Ahiska, 
 Porto Rico, Hawaii, Philippine Islands, Guam, and other noncontig- 
 uous territory. 
 
 By the law approved Februar}^ li, 1903 (An act to establish the 
 Department of Commerce and Labor), the Bureau of Statistics was 
 transferred from the Treasury Department to the Department of 
 Commerce and Labor, from and after Jul}^ 1, 1903. 
 
 Chiefs of the Bureau of Statistics with dates of service. 
 
 Name. 
 
 From — 
 
 Alexander Delmar j Sept. 6, 18G6 
 
 Francis A. Walker | Jan. 14, 1869 
 
 Edward Young j July 1, 1870 
 
 Joseph Nimmo, jr ! Sept. 1, 1878 
 
 William F. Svvitzler i June 1, 1885 
 
 Sidney G. Brocli i Oct. 16, 1889 
 
 Worthington C. Ford June 17, 1893 
 
 O. P. Austin May 9, 1898 
 
 Dec. 31,1809 
 Feb. 7,1870 
 Aug. 31,1878 
 May 31,1885 
 Oct. 15,1889 
 June 16,1893 
 May 8, 1898 
 
 BUREAU OF FOREIGN COMMERCE 
 
 The law of February 11, 1903, provides for the transfer of the 
 Bureau of Foreign Commerce of the State Department, to the Depart- 
 ment of Commerce and Lal)or, for consolidation with the Bureau of 
 Statistics, transferred from the Treasury Department, the two to con- 
 stitute one l)ureau to be called the Bureau of Statistics. 
 
 In accordance with section 11 of the act of February 11, 1903 (see 
 p. 30), the Bureau of Trade Relations has been organized in tile State 
 Department for the formulation and transmission of correspondence 
 between the Department of Commerce and Labor and consular officers. 
 
 The Bureau of Foreign Commerce was, until the 1st of July, 1897, 
 the Bureau of Statistics of the Department of State. Owing to the 
 confusion arising from the fact that there was also a Bureau of Sta- 
 tistics in the Treasury Department and a Division of Statistics in the 
 Department of Agriculture, Congress authorized the change of the 
 name to Bureau of Foreign Commerce, on July 1, 1897, this name 
 more clearly indicating the functions of the Bureau. 
 
 The Bureau of Statistics (State Department) had its origin in an act 
 of Congress approved August 16, 1812, which made it the dut}^ of 
 the Secretary of State "to la}^ before Congress, annually, at the com- 
 mencement of its session, in a compendious form, all such changes and 
 modifications in the commercial systems of other nations, whether liy 
 treaties, duties on imports and exports, or other regulations, us shall 
 
BUREAU OF STATISTICS 105 
 
 liavtMoinc to the knowledoo of tlic I)o]){irtinont." In a communica- 
 tion to till' Pit'siilcnt of tho Scnato. Fchruiiry 4, iSoT (Kx. Doc. No. 
 3;"), 'PliirtN -fourth Congress, third session), Sccrctiirv of Stjito Man*}- 
 calh'd attention to a pivvious statonicnt (in IS;");")) in which he said that 
 '•hut thnH' attempts had been made to comply with the reiiiiisitions 
 of the act of 184i^ the first by Mr. Secretary Webster in 1S42, the 
 second by ]\Ir. Secretary rpshur in 1843, and the third, and last, by 
 Mr. Secretary Calhoun, in 1844." Mr. Webster, in 1842, recom- 
 mended to Conu-ress that the work "be intrusted to one person, under 
 the direction of the Department, who should arrange and condense 
 information on commercial subjects from time to time, as it should be 
 received, and should have charge of the correspondence on these sub- 
 jects with agents of the Government abroad." No action was taken 
 by Congress until fourteen years later. By an act approved August 
 18, 18.5<') (11 Stat., (5:^), the act of 1842 was amended so as to make it 
 obligatory upon the Secretary of State, in addition to changes and 
 moditications in the commercial systems of other nations, to include 
 in his annual report to Congress "all other commercial information 
 communicated to the State Department by consular and diplomatic 
 agents of this Government abroad, or contained in the official pub- 
 lications of other Governments, which he shall deem sufficiently 
 important." It was further declared to be the duty of consuls and 
 conmiercial agents to procure such information in such manner and 
 at such times as the Department of State might prescribe, and the 
 Secretai-y of State was "authorized and required to appoint one clerk 
 who shall have charge of statistics in said department and shall be 
 called •Superintendent of Statistics.'" 
 
 •"Thus," says Secretary Marcy, in his letter of February 4, 1857, 
 "the 'Statistical Office of the Department of State,' which had been 
 organized two years before for the preparation of a general Report on 
 the Conunercial Relations of the Ignited States with Foreign Nations, 
 ill answer to a resolution of the House of Representatives, was l)y that 
 law placed on a permanent basis." 
 
 The Bureau of Statistics was substituted for the " Statistical Office," 
 'luly 1, 1874, under authority conferred ])y the legislative, executive, 
 and judicial appropriation act of June 20, 1874, in an item providing 
 a salary of ^2.4U0 each for six chiefs of bureau, including one of 
 Statistics. 
 
 Until October 1, 1880, the duties of the Bureau of Statistics were 
 restricted to the preparation of annual and occasional reports from 
 consular officers, Init on that date the publication of the monthly 
 Consular Reports was begun, in pursuance of a reconmiendation of 
 Secretary of State Evarts, in response to which Congress, at the 
 previous session, had made provision "for printing and* distributing 
 more frequently the publications by the Department of State of the 
 
106 
 
 BUREAU OF STATISTICS 
 
 consular and other reports." (See "Introductory," Consular Reports, 
 No. 1, October, 1880.) The daily publication of reports in the form 
 of Advance Sheets, combined afterwards in the monthly numbers, 
 was l)egun Januar}^ 1, 1898, by order of the Secretary of State of 
 December 7, 189Y. 
 
 Clilefii of Ihe Bureau of Foreign Commerce, Department of State, irllh dates of service. 
 
 To— 
 
 Charles Payson 
 
 Michael Scanlan (in charge) 
 
 Almotit Barius 
 
 Michael Scanlan (in charge) 
 
 Michael Scanlan 
 
 WortliinKton ('. Ford , 
 
 Michael Scanlan , 
 
 Edward I. Rcnick 
 
 Frederic Emory 
 
 July 1, 
 Apr. 13, 
 Jnne 1, 
 Oct. 14, 
 July 1, 
 Sept. 9, 
 Apr. 11, 
 Apr. 17, 
 Apr. 17, 
 
 1874 
 1876 
 1876 
 1876 
 18S0 
 1885 
 1889 
 1893 
 1894 
 
 Apr. 
 
 Mav 
 
 Oct. 
 
 June 
 
 Sept. 
 
 Apr. 
 
 Apr. 
 
 Apr. 
 
 June 
 
 12, 1876 
 31,1876 
 10, 1876 
 30, 1880 
 8,1885 
 10, 1889 
 16,1893 
 17, 1894 
 30, 1903 
 
 LAW PERTAINING TO THE BUREAU OF STATISTICS 
 
 Organic. 
 R. S., SSU. 
 
 Purpose of th 
 Bureau. 
 
 R. S., SS5. 
 
 [As modified by act of February 11, 1903.] 
 
 There shall be in the Department of Commerce and 
 Labor a Bureau to be called the Bureau of Statistics; and 
 the Secretary of Commerce and Labor may api)oint one 
 division clerk, who shall superintend the Bureau, and 
 shall be entitled to a salary of two thousand iive hundred 
 dollars a year.^* 
 
 ' The purpose of the Bureau of Statistics is the collection, 
 arrangement, and classification of such statistical informa- 
 tion as may be procured, showing, or tending to show, 
 each 3^ear the condition of the ''[manufactures], domestic 
 trade, ^[currency, and banks] of the several States and 
 Territories. 
 Annual report ^hc Chief of the Bui'eau of Statistics shall, under the 
 
 of commerce and t. ,. ,. , i t-i . ,• / 1 i r i 
 
 navigation by direction ot the Secretary or Commerce and Labor, 
 ^"ie.'^^xl'a.w. annually prepare a report on the statistics of commerce 
 and navigation of the United States with foreign countries, 
 to the close of the liscal year. Such accounts shall com- 
 prehend all goods, wares, and merchandise exi)orted from 
 the United States to other countries; all goods, wares, 
 and merchandise imported into the United States from 
 other countries, and all navigation employed in the 
 foreign trade of the United States; which facts shall be 
 stated according to the principles and in the manner hereby 
 directed. 
 
 First. The kinds, quantities, and values of all articles 
 exported, and the kinds, quantities, and values of all arti- 
 cles imported, shall be distinctlv stated in such accounts, 
 
 "Four thousand dollars is appropriated for "officer in charge of 
 Bureau of Statistics." 
 
 & These statistics are gathered and published by the Bureau of the 
 Census. See pages 84, 87, 88. 
 
 c These statistics are gathered and published l)y the Comptroller of 
 the Currency. R. S. 333 and amendments. 
 
 Method of re- 
 ports. 
 
BUREAU OF STATISTICS 107 
 
 (^xct'pt ill ciisos ill wliich it may !ipp(>iir to the Secretary of 
 ('oniintM'cc and Lalx)!" that s('i)arate statoiiicnts of t\\o spe- 
 cies, Miiaiititics, or vahies ot" :iiiy particular articU's woiiUl 
 swell the animal statements williout utility; and, in such 
 cases, the kinds and total values of such articles shall l>c 
 stated too-ether, or in such classes as the Secretary of Com- 
 merce and Labor may think tit. 
 
 Second. The exports shall be so stated as to show the 
 exports to each foreign country, and their values; and the 
 imports shall be so stated as to show the imports from each 
 forcii^n country, and their values. 
 
 Third. The exports shall ho so stated as to show, sepa- 
 rately, the exports of arti(des of the ])roduction or manu- 
 facture of the United States, and tluMr values; and the 
 exports of articles of the production or manufacture of 
 forciy-n countries, and their values. 
 
 Fourth. The navi*>ation employed in the foreign trade of 
 the I'nited States shall l)e stated in such manner as to show 
 the amount of the tonnag-e of all vessels departino- from 
 the Tnitt^d States for foreign countries; and, separately, 
 the amount of such tonnage of vessels of the United States, 
 and the amount of such tonnage of foreign vessels; and 
 also the foreign nations to Avhich such foreign tonnage 
 belongs, and the amount of such tonnage belonging to each 
 foreign nation; and in such manner as also to show the 
 amount of the tonnage of all vessels departing for every 
 particular foreign country with which the United States 
 have any consideral)le commerce; and, separately, the 
 amount of such tonnage of vessels of the United States, 
 and the amount of such tonnage of foreign vessels; and in 
 such manner as to show the amount of the tonnage of all 
 vessels arriving in the United States fi'om foreign coun- 
 tries; and. separately, the amount of such tonnage of ves- 
 sels of the United States, and the amount of such tonnage 
 of foreign vessels; and also the foreign nations to which 
 such foreign tonnage belongs, and the amount of such ton- 
 nage bidonging to each foreign nation; and in such manner 
 as also to show the amount of the tonnage of all vessels 
 arriving from every particular foreign country with which 
 the United States have any considerable commerce; and, 
 separately, the amount of such tonnage of vessels of the 
 United States, and the amount of such tonnage of foreign 
 vessels. 
 
 Fifth. Such accounts shall comprehend and include, in 
 tabular form, the quantitv l)y weight or measure, as well 
 a> the amount of value, of the several articles of foreign 
 commerce, whether dutiable or otherwise; and also a sim- 
 ilar and separate statement of the commerc(M)f the United 
 States with the British Provinces, under the late so-called 
 reciprocity treaty with Great Britain. 
 
 The Secretary of Commerce and Labor shall make a ReportstoCon- 
 report to Congress on the tirst Mondav of Januarv in eachfaryt ^^ 
 
 R. S., i59. 
 
108 BUREAU OF STATISTICS 
 
 year, containing the results of the information collected 
 during the preceding year, by the Bureau of Statistics, upon 
 the condition of the * '^ *, " [manufacturesj, domestic 
 trade, " [currency, and haiiksj of the several States and 
 Territories. 
 Printing. [There shall be printed] of the Statistical Al)stract of 
 
 '{"s'siai, 616'.) the United States, twelve thousand copies; three thousand 
 .sec. 73. ^Qj. ^j^g Senate, six thousand for the House, and three thou- 
 
 sand for distribution by the Bureau of Statistics. 
 
 in? os^d^on roT- ^" ordcr to cuablc the Chief of the Bureau of Statistics 
 
 lectors. to prepare the annual report on the statistics of commerce 
 
 £. ,s., 337. .^j^j navigation required to be submitted to Congress by 
 
 the Secretary of Connnerce and Labor, the following 
 
 regulations shall be observed by all collectors of customs: 
 
 First. The kinds and quantities of all imported articles 
 free from duty shall be ascertained by entry, made upon 
 oath or affirmation, by the owner, or by the consignee or 
 agent of the importer, or l)y actual examination, where 
 the collector shall think such examination necessary; and 
 the values of all such articles shall be ascertained in the 
 same manner in which the values of imports subject to 
 duties ad valorem are ascertained. 
 
 Second. The values of all imported articles subject to 
 specilic duties shall be ascertained in the manner in which 
 the values of imports subject to duties ad valorem are 
 ascertained. 
 
 Third. The several collectors shall keep separate accounts 
 of the kinds, quantities, and values of such parts of the 
 imports subject to duties ad valorem as may be directed by 
 the Secretary of Commerce and Labor. 
 
 Fourth. All articles exported shall be valued at their 
 actual cost, or the values which they may truly l)ear, at 
 the time of exportation, in the ports of the United States 
 from which they are exported; and all articles imported 
 shall be valued at their actual co.st, or the values which 
 they may truly bear in the foreign ports from which they 
 are exported for importation into the United States, at the 
 time of such exportation. 
 
 Fifth. Before a clearance shall be granted for any ves- 
 sel bound to a foreign place, the collector shall require the 
 owners, shippers, or consignors of the cargo to deliver to 
 the collector manifests of the cargo, or of the pirts thereof 
 shipped 1)}^ them respectively, which manifests shall specify 
 the kinds and quantities of the articles shipped by them 
 respectively, and the value of the total quantity of each 
 kind of articles; and state that such manifest contains a 
 full, just, and true account of all articles laden on board 
 of such vessel by the owners, shippers, or consignors, 
 respectively, and that the values of such articles are truly 
 stated, according to their actual cost, or the values which 
 the}" truly bear at the port and time of exportation. And 
 the collector shall also require the master of the vessel, and 
 the owners, shippers, and consignors of the cargo, to state 
 
 « See notes '> and <" ou page 106. 
 
BUREAU iW STATISTICS 109 
 
 ill w ritiiiii', to the collector, tiic foivi<;M })liic(' oi- countiy 
 ii) which such carji'o is truly intended to he landed. The 
 iiKUiii'csts and statements lu>rel)v re([uired shall be verified 
 lt\ the oath of tht^ ])erson by whom they are respectively 
 made and subscribed. 
 
 Sixth. Kverv collector shall kec[) an accurate account of 
 tlu' national characters and tonnage of all vessels which 
 (U'part from his district for foreign countries, and of tlie 
 foreiti'n places or countries for which such vesscds de])art; 
 and, also, an accurate account of the luitional characters 
 jind t()nna>i"e of all vessels which ent(>r his district from 
 forei^iii countries, and of the foreig-n phices or countries 
 from which such vessels arrive. 
 
 Se\enth. The several collectors shall make (juarter- 
 yearly [monthly — see page llo] returns to the Bureau of 
 Statistics of all the facts and matters which they arc 
 herein' recpiired to asccM'tain. 
 
 Hereafter collectors of customs shall render to tlic ,^R^^'^»r»«i^>;<^^^^^ 
 Bureau of Statistics, in such manner and form and at such by ran. 
 periods as the Secretary of Commerce and La))or may (27"t^'at!!'iy7u^c. 
 prescribe, returns of exports to foreign countries leaving ^^y^^""^ '^m$%7 
 the United States by rail. Any person who shall h ere- .W.', ess). 
 after deliver to any railway or transportation company or 
 other common carrier couunodities for transportation and 
 exportation ])y rail from the United States to foreign 
 countries, shall -also deliver to the collector of customs at 
 the frontier port thi'ough which the goods pass into the 
 foreign country a manifest, in such form as the Secretary of 
 Commerce and La])or may prescribe, duly certified as to its 
 accuracy by said person or his agent, exhibiting the kinds, 
 quantities, and values of the several articles delivered by 
 such person or his agent for exportation. And no rail- 
 way I'ar containing commodities, the product or manufac- 
 ture of the United States or foreign goods, duty paid or 
 free of duty, intended to ])e exported to any foreign coun- 
 try, shall be pcn-mitted hereafter to leave the United States 
 until the agent of the railway or transportation company, 
 or the person having such car in charc^e, shall deliver to 
 the customs officer at the last port in the United States 
 through which the couunodities pass into foreign territor}^ 
 a manifest thereof, which shall specify the kinds and (juan- 
 tities of the commodities in the form pi'escribed l)v the 
 Secretary of Connnerce and Lal)or, and until the manifest, 
 exhibiting the kinds, (juantities and values of the several 
 couunodities, shall have })een delivered to the collector of 
 customs, as above required, b}" the person exporting such 
 commodities, or b}" his agent, or information satisfactory 
 to such customs officer as to the kind, quantities, and val- 
 ues of the domestic and foreign free or duty paid com- 
 modities laden on such car. The agent or employee of any 
 railway or trans])ortation company who shall transiK)rt 
 such commodities into a foreign country before the deliveiy 
 to the collector of customs of the manifest, as above 
 
110 BUREAU OF STATISTICS 
 
 required shall be liat)le to a peiuiit^' of fifty dollars for 
 each offense: Provided., That the provisions of this law 
 shall apply to commodities transported to the frontier in 
 railway cars for exportation and transshipment across the 
 frontier into the adjacent foreign territory in ferry boats 
 or yehicles, so far as to require the person in charge 
 thereof to furnish to the collector of customs information 
 of the kinds, quantities and values of such commodities: 
 And p7'ov!d«d f lift Jicr, Th'At nothing contained in the fore- 
 going shall be held as applicable to goods in transit 
 between American ports 1)y routes passing through for- 
 eign territory or to merchandise in transit between places 
 in the Dominion of Canada by routes passing through the 
 United States, or to merchandise arriving at the ports 
 designated under the authority of section three thousand 
 and five of the Revised Statutes, and which may be des- 
 tined for places in the Republic of Mexico. 
 Coasting trade The aiuuial report of the statistics of commerce and 
 "'^'."v.?'^ks. navigation shall state the kinds, (quantities, and value of 
 the merchandise entered and cleared coastwise into 
 and from the collection districts of the United States. 
 Annual report, Jt shall be the dutv of the officer in charge of the Bureau 
 tign"a1?d'?nter-of Statistics to gather, collate, and annually report to the 
 and quan^fy re- '^^^'^'^^^^"•^' ^^ Couunerco and Labor, for transmission to 
 ports. ' Congress, statistics and facts relating to conmierce with 
 \iTsidt.,35i.) foreign nations and among the several States, ''the rail- 
 road S3'stems of this and other countries, the construction 
 and operation of railroads, the actual cost of such con- 
 sti-uction and operation of railroads, the actual cost of 
 transporting freights and passengers on railroads, and on 
 canals, rivers, and other navigable waters of the United 
 States, the charges imposed for such transportation of 
 freight and passengers, and the tonnage transported; and 
 the reports [see sec. 33U below] now by law required to ])e 
 prepared and published monthly in the stiid Bureau of 
 Statistics shall hereafter be prepared and pu)>lished quar- 
 terly under the direction of the Secretary of Commerce 
 and Labor. 
 Monthly re- The Chief of the Bureau of Statistics shall, under the 
 ©r exports '^and direction of the Secretary of Commerce and Labor, pre- 
 ^^l?s^%S9 pare and pu])lish monthly reports of the exports and 
 imports of the United States, including the quantities 
 and yalues of goods warehoused or withdrawn from ware- 
 house, and such other statistics relative to the trade and 
 industry of the country as the Secretar}' of Commerce and 
 Labor may consider expedient. [See last clause of para- 
 graph above.] 
 
 [R. S. 340 carried out by Bureau of Navigation under 
 act of July 5, 1884, page 156.] 
 
 « Statistics concerning railroads are gathered and published by the 
 Interstate Commerce Commission. (Act of Feb. 4, 1887, as amended 
 Mar. 2, 1889. ) 
 
of 
 
 BUREAU OF STATISTICS 111 
 
 The Chiof of tho Buivau of Statistics shall pi'oparo „,;V;,"",",} ''l^^^; 
 an annual statonuMit of all iiKMcliandisc passing' in transit "iiniiiiise by 
 tbroiij^li tlio United Stales to foreign countries, each 'a'.*"!1'5/,/. 
 description of merchandise, so far as practical)le, ware- 
 housed, witiidrawn from Avarehousc for consumption, for 
 cx])ortation, for transportation to other districts, and 
 reinainin«i" in tlic wareliouse at the end of the fiscal yeai*. 
 
 The Chief of the Bureau of Statistics shall (^dlect, „,,unVfftcu^^^^^^^ 
 dig"est. and arranii'e. for the use of Coni^ress, the statis- J^'- '*>•- 3/.2. 
 tics t)f the "manufactur(>s of the United States, their 
 localities, sources of raw mat(>rial, markets, exchanges 
 with the producing regions of the countiT, transportation 
 of j)roducts,'''\vages,and such otiuu" conditions as are found 
 to atiect tlu'ir prosperity. 
 
 The Secretary of Commerce and Lalior shall cause the ,;^j""""^' ''*^" 
 annual rei)oi"t on the statistics of connuerce and na\'igation Jf- >■'., 26s. 
 required from tiie C'liief of th(^ Bureau of Statistics to he 
 prepared and printed according to law, and to l)e sub- 
 mitted to Congress at as early a day in etich regular ses- 
 sion as practicable, ami not later than the tirst Monda}' in 
 January. 
 
 [The Secretary of Commerce and I^abor] shall also pre- ^''',"'""' "/ "■^- 
 
 .,•. *., I , I'l ""'1' reports. 
 
 scribe the forms of the annual statements to l)e submitted J^.x.,251. 
 to Congress by him showing the actual state of commerce 
 and navigation between the United States and foreign 
 coimtri(>s, or coastwise between the collection districts of 
 the United States, in each year. 
 
 [The collection of data and employment of experts in con- Emi'iyyuient 
 nection with commerce is proyided for ni appropriation 
 acts.] 
 
 <• [Duties triiiisl'eiT»'(l fmiu stale department.] 
 
 The Secretary of Commerce and Labor slitdl annually J^fi'^rts of 
 
 , . , - - coiniiuTcirtl m- 
 
 la}' before Congress: formation to 
 
 A statement, in a compendious form, of all such * * * ^^'jR.^X^m'- 
 commercial information contained in the official publica- 
 tions of other goyernments, which he shall deem suffi- 
 ciently important. 
 
 A synopsis of so much of the information which ma}^ 
 have been communicated * * * by di})lomatic and con- 
 sular officers during the pre<'eding year as lie may deem 
 valuable for i)ublic information; * * * 
 
 A statement of the lists of passengers arriving in the 
 United States from foreign places, returned to him quarter- 
 yearly by the collectors of customs. 
 
 The Secretary of Commerce and La])or shall publish i'»biicatipn oir 
 cial notincations, from tunc to time, of such commerciauormation. 
 information communicated * * * by di])lomaticand con- ^■^■'~^^- 
 sular otlicers, as he may deem important to the public 
 interests, in such new.spapers, not to exceed three in 
 
 •^See note '' on jiaf^e 106. 
 
 ^This duty now porforined by Bureau of Labor. See law on page 61. 
 
 <'A list of United States ronsulates is given on page 377. 
 
112 BUREAU OF STATISTICS 
 
 number, as he may select. [Now done through medium 
 of "advance sheets."] 
 
 c<iinmer.iiii CoHsuls and conuuercial agents of the United States in 
 sfus.'^"''' '^*^™*'^" foreign countries shall procure and transmit to the Depart- 
 
 jime 18^1888 ^^^ut of State [for the Department of Commerce and^ 
 
 {'25 , Stat'., 186.) Labor] authentic commercial information respecting suchi; 
 counti'ies, of such character and in such manner and form 
 and at such times as the Department may from time to 
 time prescribe. 
 
 It shall be the duty of consuls to make to the Secretary 
 
 ■'1'"!l?l''??,^ ini'^of State [for the Secretary of Commerce and Lal)orl a 
 )>()rts from iim- quartcrl}' statement of exports from, and imports to, the 
 ''"ia?i. 27, 1S79. different places to which the}' are accredited, giving, as 
 
 (20 Stat, 273.) uga^. as may be, the market price of the various articles 
 of exports and imports, the dut}^ and port charges, if 
 any, on articles imported and exported, together with 
 such general information as they ma}^ be able to ol)tain 
 as to how, where, and through what channels a market 
 ma}^ be opened for American products and manufactures. 
 In addition to the duties now imposed by law, it shall be 
 the duty of consuls and conunercial agents of the United 
 States, annually, to procure and transmit to the Depart- 
 ment of State, as far as practicable, information respect- 
 
 Lub.,r statistics, jj^g. ^j^^ ^.^^^ ^^ ^^.^^.^^ ^^^^j^ ^^^^. ^^.:^^^Q^l .^j^^j Unskilled labor 
 
 within their respective jurisdictions. 
 
 Prices current Every coHSular officcr shall furnish to the Secretary of 
 fromcoiisiiis. (Jommercc and La))or, as often as shall l)e re(juired, 
 
 '['"'s'stlu^m') ^^^ prices current of all articles of merchandise usually 
 exported to the United States from the port or place in 
 which he is situated; and he shall also furnish to the Sec- 
 retary of Commerce and Labor, at least once in twelve 
 months, the prices current of all articles of merchandise, 
 including those of the farm, the garden, and the orchard, 
 that are imported through the port or place in which he 
 is stationed. And ho shall also report as to the character 
 of agricultural implements in use, and whether they are 
 imported to or manufactured in that country. 
 
 Printing and « [There shall be printed] of Commercial Relations and of 
 
 distribution of L , n i . • '^ -i ,1 1 • 11 u 
 
 reports. i* oreign lielations, three thousand copies or each; one 
 
 ''^s/^iai.lfix) thousand for the Senate and two thousand for the House. 
 conJuiar re- [There shall be printed] of the Reports of Consular 
 
 ports. ' Officers, one thousand five hundred copies; five hundred 
 
 for the Senate and one thousand for the House. 
 
 «See page 10<S for printing of Statistical Abstract. 
 
BUREAU OF STATISTICS 113 
 
 TliciT shall he i)riMl(Hl luonthly l)y tho Pu])lic Printer J';;""">- ^"»i- 
 
 thirtv-Hve luiiulred coijies of the Monthly Sunnnarv State- vvr- is, is'j5. 
 • 'i i- 1 i' f 1 4^1 V «^- 4-- ^■' 4! (2<j Stat, 1,59.) 
 
 nient ot Imports and Lxport.s and other .statistical mtorma- 
 
 tion ])re})ai'i'd by the Chief of the Bureau of Statistics, 
 
 Hepartinent of CVmmierco ai\d Labor, five hundred copies 
 
 of which shall be ft)r the use of the Senate, one thousand 
 
 copies for the use of the House of Representatives, and 
 
 two thousand copies for the use of the Department of 
 
 Connnerce and Labor. 
 
 All terms of measure, weio-ht, and money shall be re- I'nming re- 
 duced to and expressed in terms of measure, weight, and ^°v«'r. », mn. 
 coin of the United States, as well as in the foreign terms; i^ostat., m.) 
 that each issue of consular reports shall not exceed ten 
 thousand co])ies. [Repeated in appropriation acts.] 
 
 Ko part of such rei)orts discussing partisan, political, '[",\"J,;J^^,!^3r, ^ 
 religious or moral questions shall be published. 
 
 [There shall be printed] nineteen thousand copies of the Mm-, is. vjo:. 
 general sunnnary entitled ^'Review of the World's Com- ^^-■' ■''''"' ^'''^-^ 
 nierce," for the year nineteen hundred and one, of which 
 three thousand shall be for the use of the Senate, six 
 thousand for the use of the House of Representatives, and 
 ten thousand for the use of the Department of State 
 [Connnerce and Labor]; and eleven thousand copies of 
 Commercial Relations of the United States for the year 
 nineteen hundred and one, including the general summary, 
 of which two thousand shall be for the use of the Senate, 
 four thousand for the use of the House of Representatives, 
 and five thousand for the use of the Department of State 
 [Commerce and Labor]. 
 
 [Purchase of reports and data by consuls for commercial 
 reports and cost of cablegrams on su])jects of immediate 
 importance to commerce and industry are provided for in 
 appropriation acts.] 
 
 [Statistics of the commerce and navigation between the statistics of 
 
 fT.,,.,,, 1., ,. i'-i. • J trade witli Ha- 
 
 L !ute(l States and its noncontiguous territoiy are required waii.etc. 
 by act of April 'li), VM)'1\ see page 255.] 
 
 [A chief clerk at a salary of i$2,250, statistical clerks, i^yr^-'nuci of 
 translators, and other employees are i)rovided for the Bu- Appropriation 
 reau of Statistics. Authority for the Chief of the Bureau °'^^''- 
 of Statistics is given on page 106.] 
 27628—04 8 
 
CHAPTER XI 
 STEAMBOAT-INSPECTION SERVICE 
 
 The Steamboat-Inspection Service had its beginning in the act of 
 Congress approved July 7, 1838, which provided for the better secur- 
 ity of the lives of passengers on board of vessels propelled in whole 
 or in part by steam. Under this act the United States district judges 
 appointed inspectors of hulls and boilers in their respective districts, 
 and the Treasury Department had supervision of the service. On 
 March 3, 1843, an act was approved relating to the equipment of steam 
 vessels, and an act approved March 3, 1849, related to signal lights 
 used on vessels navigating western and northern lakes. 
 
 The Service was reorganized by section 5 of the act of Congress 
 approved August 30, 1852, and since that date the work has been prose- 
 cuted, with but few innovations, on the plans then adopted. Nine 
 supervising inspectors were appointed by the President, with the 
 advice and consent of the Senate, and local inspectors were provided. 
 
 A resolution of Congress relating to the duties of inspectors was 
 approved March 3, 1853. The carrying of passengers was regulated 
 by act of Congress approved March 3, 1855. The act approved June 8, 
 1864, related to the appointment of additional inspectors of steam ves- 
 sels. The act approved July 4, 1864, further regulated the carriage 
 of passengers in steamships and other vessels. The act approved 
 March 3, 1865, provided for additional inspectors, and the act approved 
 July 25, 1866, provided further for the safety of the lives of passen- 
 gers. 
 
 By act of Congress approved February 28, 1871, the promotion of 
 security of life was extended to vessels propelled in whole or in part 
 by steam, thereb}^ giving the officers and crews of such vessels the 
 lawful protection that formerly extended only to passengers. This 
 act has been merged in Title 52 of the Revised Statutes, and is sub- 
 stantially the law now in force relating to steamboats. 
 
 Acts approved April 7, 1882, June 10, 1886, March 1, 1895, and 
 February 15, 1897, related generally to compensation of inspectors, 
 mileage, collection of fees, and changes in number of districts. Sec- 
 tion 4405, Revised Statutes, provides for the assembling of the super- 
 vising inspectors and the Supervising Inspector-General, as a board, 
 114 
 
STEAMBOAT-INSPECTION SERVICE 
 
 115 
 
 in the city of Wasliiuj^ton on tiie third Wodne.sdtiy in flanuary of ouch 
 year, to estal)lish necessary reguhitions; and that such rcguhitions, 
 when approved ))y the Secretar}' of Commerce and Ijabor, sluill liave 
 the force of law. 
 
 For the purpose of administerintr the pilot rules the watei's <»f the 
 United States are di\"ided into three ])arts, and separate rules are made 
 for each. These three divisions are (i) Atlantic and Pacific coast 
 inland waters. (2) the Great Lakes and their connectinj^ and tributary 
 w'aters as far east as Montreal, (3) rivers whose waters flow into the 
 Gulf of ^lexico, and their tri))utaries, and the lied River of the North. 
 The rules above referred to, and also the international rules of the 
 road, are <^iven on page 811> et seq. 
 
 The supervision of the Steamboat- Inspection Service was trans- 
 ferred to the Secretary of Commerce and Labor on fluh' 1, i5M)8, l)y 
 act of Cong-ress approved Fel)rn.ary 14, ll>Oo (An act to establish the 
 Department of Commerce and Labor). 
 
 Snperri.'fiiKj IiiKiH'ctor-acni'rnlx iritli datis nf sen'ice. 
 
 From- 
 
 Joseph Bi'lkimii June 11, 1871 
 
 Joseph NiiiniKi, jr i June 20, 1872 
 
 Unvid D. Smith j Mar. 4,1873 
 
 William Burnett Sept. 1, 1874 
 
 James A. Diimont Nov. 22, 1876 
 
 George Uhler Apr. 1, 1903 
 
 June 20, 1872 
 Mar. 4, 1873 
 Sept. 1,1874 
 Nov. 22,1876 
 Mar. 31,1903 
 
 LAW PERTAINING TO THE STEAMBOAT-INSPECTION SERVICE 
 
 [As ni-.Mlilied hy act of Frliruary 14, 1903.] 
 
 Kvei-y v«\'-;sel propidled in whole or in part by steam ,^,^.^'^^J.'{^''^'''^''''^'*°^ 
 shall he deemed a steam vessel within the meaning of this Ji. >'., ww'. 
 Title. [R. S., 4399-4500.] 
 
 All steam vessels navigatino- any waters of the United ^„)Vp^'[ to'^the 
 States which are common hi^•hwa^^s of commerce, or open provisions of this 
 to general or competitive navig-ation, excepting- public i{.'s.,!.wn. 
 vessels of the United States, vessels of other countries, 
 and boats propelled in whole or in part l)y steam for 
 navigating^ canals, shall be subject to the provisions of this 
 Title. |R. S.. 4399-450(1. J" 
 
 And all foreio-n private steam vessels carrving- passen- rrmisions-anrt 
 
 » i , n . 1 -I j" j^i rciiuiremeiits as 
 
 gers from any port of the United States to any other to foreign pas- 
 place or countVy shall be subject to the provisions of sec-sej^f'"'"''''"'™^'''''" 
 tions fortv-four hundred and seventeen, fortv-four hun- A'v'^./',^*'f-, 
 area and eighteen, forty-four hundred and twenty-one. Amended Mar. 
 forty-four hundred and twenty-two, forty-four hundred^' '^\;^,a<, 699) 
 and twenty-three, fort3'-four hundi-ed and twenty-four, 
 forty-four hundred and sevent}', forty-four hundred and 
 seventy-one, forty-four hundred and seventy-two, forty- 
 
 « For enrollment of steam vessel, see page 160. 
 
116 STEAMBOAT-INSPECTION SERVICE 
 
 four hundred and seventy-three, forty -four hundred and 
 seventy-nine, forty-four hundred and eighty-two, forty- 
 four hvindred and eighty-eight, forty-four hundred and 
 eighty-nine, forty-four hiuidred and ninety-six, forty-four 
 hundred and ninety-seven, forty-four hundred and ninety- 
 nine, and forty-live hundred of this Title, and shall be 
 liable to visitation and inspection bv the proper officer, in 
 any of the ports of the United States, respecting any of 
 the provisions of the sections aforesaid: Prorhled^ how- 
 fststai sTt ^^'''''' That when such foreign passenger steamers belong 
 to countries having inspection laAvs approximating those 
 of the United States, and have unexpired certificates of 
 inspection issued by the proper authorities in the respec- 
 tive countries to which the}" belong, they shall ))0 subject 
 to no other inspection than necessary to satisfy the local 
 inspectors that the condition of the vessel, her boilers, and 
 life-saving eciuipmcnts are as stated in the current certifi- 
 cate of inspection; but no such certificate of inspection 
 shall be accepted as evidence of lawful inspection except 
 when presented b}- steam vessels of other countries which 
 have by their laws accorded to the steam vessels of the 
 United States visiting such countries the same privilege 
 accorded herein to the steam vessels of such countries 
 visiting the United States; it being further provided that 
 there shall be collected and paid into the Treasury of the 
 United States the same fees for the inspection of foreign 
 passenger steamers carrying passengers from the United 
 States that any foreign nation shall charge the merchant 
 vessels of the United States trading to the ports of such 
 nationality; it being further provided that the Secretary 
 of Commerce and Labor shall have the power to waive at 
 any time the collection of such fees upon due notice of the 
 proper authorities of any country concerned that the col- 
 lection of fees for the inspection of American steam mer- 
 chant vessels has been discontinued." 
 Vessels navi- AH coastwise sca-going vessels, and vessels navigating 
 IndonZ'oreatthe great hikcs, shaltbe subject to the navigation laws of 
 ^^R%' wn ^^^ United States, when navigating within the jurisdic- 
 tion thereof; and all vessels, propelled in whole or in part 
 by steam, and navigating as aforesaid, shall l)e su])ject to 
 ail the rules and regulations established in pursuance of 
 law for the government of steam-vessels in passing, as 
 provided by this Title; and every coastwise sea-going 
 steam-vessel subject to the navigation laws of the United 
 States, and to the rnles and regulations aforesaid, not 
 sailing under register, shall, when under way, except on 
 the high seas, be under the control and direction of pilots 
 licensed by the inspectors of steamboats. * 
 
 «The original proviso and sections 2 to 6, inclusive, of amendment 
 to section 4400 were repealed bv act of Congress approved March 1, 
 1895. 
 
 ^ Modified bv rules to prevent collisions, act of August 19, 1890, 
 page 325. 
 
STEAMBOAT-INSPECTION SERVICE 117 
 
 Th(MV shall 1)0 :i sup(M-visiiiu- iiispoctor-o-oneral, wlu),p^XM/.M"Tai"' 
 shiill 1)0 appointed from tiiiio to time by the President, by A'..s.,/,/,o^'. 
 and with the ad\ ice aiul eoiiseiit of tlie Senate, iind who 
 shall 1)0 selected with referene(> to his fitness and ability 
 to systematize and carry into idlect all the ])rovisions of 
 law relatintj to the steamboat-inspection service, and who 
 shall be entitled to a salary of three thousand five hundred 
 dollars a yQiu\ and his reasonable traveling- expenses, or- 
 mih'aiio at the rate of live cents a mile, incurred in the 
 performanco of his duties." 
 
 Thesui)ervisino' insj)(>ctor-o-eneral shall, under the diroc- T>"ties.^ 
 
 tion of the Secretai'y of Conunerce and Labor, superin- ' " " 
 
 tend the administration of the steamboat-inspection laws, 
 preside at the mcetin»i;s of the board of sup(U'\isino- in- 
 spectors, receive all reports of inspectoi's, receive and 
 examine all accounts of inspectors, report fully at stated 
 periods to the Secretary of Commerce and Labor upon all 
 matters pertaining to his otticial duties, and produce a cor- 
 rect and uniform administration of the inspection laws, 
 rules, and regulations. 
 
 Theri» shall be ten supervising inspectors, who shall be supervising in- 
 appointed by the President, by and with tlio advice and w. n, wo^i. 
 consent of the Senate. Each of them shall be selected for 
 his knowledge, skill, and practical experience in the uses 
 of steam for navigation, and shall be a competent judge 
 of the character and qualities of steam-vessels, and of all 
 parts of the machinery employed in steaming. Each su- 
 pervising inspector sliall be entitled to a salary of three 
 thousand dollars a year, and his actual and reasonable trav- 
 eling ex})enses. or mileage, at the rate of five cents a mile, 
 incurred in the performance of his duties," together with 
 his actual and reasonable expenses for transportation of 
 instruments, which shall be certified and sworn to under 
 such instructions as ma}" be given l)y the Secretary of 
 Commerce and Lal)or. 
 
 The supervisino- inspectors and the supervising in- fleeting and 
 spector-general shall assemble as a board once in each districts. 
 year, at the city of Washington, District of Columbia, ^- •^■- «''^'- 
 on the third Wednesday in flanuary, and at such other 
 times as the Secretary of Commerce and Labor shall pro- 
 scribe, for joint consultation, and shall assign to each of 
 the supervising inspectors the limits of territor}' within 
 which he shall perform his duties. The board shall estab- 
 lish all necessary regulations required to carry out in the 
 most effective manner the provisions of this Title, and 
 such regulations, wh(>n approved by the Secretary of Com- 
 merce and La))or. shall have the force of law. The super- 
 vising inspector for the district embracing the Pacitic 
 coast shall not ])e under obligation to attend th(» meetings 
 of the l)oard oftoncM- than once in two years; but when he 
 does not attend such meetings he shall make his comnm- 
 nications thereto, in the way of a report, in such manner 
 as the board shall prescribe. 
 
 "Ah amen.k'd l)v acts of ^larch 1, 1895, and Fel)ruary 15, 1897. See 
 section 4414. 
 
118 STEAMBOAT-INSPECTION SEEVICE 
 
 Jiv*/sfng^ In- Each supervising inspector shall watch over all parts 
 spectors. of the territory assigned to him, shall visit, confer with, 
 
 R.h.,uk06. ,^^^^ examine into the doings of the local hoards of in- 
 spectors within his district, and shall instruct them in 
 the proper performance of their duties; and shall, when- 
 ever he thinks it expedient, visit any vessels licensed, and 
 examine into their condition, for the purpose of ascertain- 
 ing whether the proA'isions of this Title have been observed 
 and complied with, both by the board of inspectors and 
 the masters and owners. All masters, engineers, mates, 
 and pilots of such vessels shall answer all reasonable 
 inquiries, and shall give all the information in their power 
 in regard to any such vessel so visited, and her machinery 
 for steaming, and the manner of managing both. 
 To report vio- Whenever a supervising inspector ascertains to his sat- 
 
 ^R^i.Aum. isfaction that any master, mate, engineer, pilot, or owner 
 of any steam-vessel fails to perform his duties according 
 to the provisions of this Title, he shall report the facts 
 in writing to the board of local inspectors in the district 
 where the vessel was inspected or belongs; and, if need 
 be, he shall cause the negligent or offending party to be 
 prosecuted; and if the supervising inspector has good 
 reason to believe there has been, through negligence or 
 any other cause, a failure of the board which inspected 
 the vessel to do its duty, he shall report the facts in writ- 
 ing to the Secretary of Commerce and Labor; who shall 
 cause immediate investigation into the truth of the com- 
 plaint, and, if he deems the cause sufficient, shall remove 
 any officer found delinquent. 
 Supervision of ^Jhe Supervising inspectors shall see that the several 
 
 ^^R.sTy.os. boards of local inspectors within their respective districts 
 execute their duties faithfully, promptly, and, as far as 
 possible, uniformly in all places, by following out the pro- 
 visions of this Title according to the true intent and mean- 
 ing thereof; and they shall, as far as practicable, harmonize 
 dil'erences of opinion existing in different local boards. 
 Districts not ^hc supcrvisino' inspector shall visit any collection dis- 
 
 having inspect- , . , . i • i , i * • ■'^ , j • i ^ ji • i. 
 
 ors. trict in which there is at any time no board of inspectors, 
 
 K. s., i,!MK ,^j^^| within which steam-vessels are owned or employed. 
 Each supervising inspector shall have full power in any 
 such district, or in any district where, from distance or 
 other cause, it is inconvenient to resort to the local board, 
 to inspect any steam-vessel and the boilers of such steamer, 
 and to grant certiticates of approval, and to do and per- 
 form all the duties imposed upon local boards. 
 Annual repOTts Each Supervising inspector shall report, in writing, at 
 
 of supervising,, i , . '^ ,f , , , i ii i i, • „ 
 
 inspectors. the annual meetings of the board, the general business 
 R. .s., huio. transacted in his district during the year, embracing all 
 violations of the laws regulating steam-vessels, and the 
 action taken in relation to the same, all investigations 
 and decisions by local inspectors, and all cases of appeal, 
 and the result thereof; and tlie board shall examine 
 into all the acts of each supervising inspector and local 
 
STEAMBOAT-INSPECTION 8EKVICE 119 
 
 board, and all ("oinpliiiiits made against the same, in rela- 
 tion to the ])erforni:ince of their duties under the law, and 
 the juduinent of the hoard in each ease siiall l)e entiM'ed 
 upon their journal; and the hoard shall, as far as possible, 
 correet mistakes where they exist. 
 
 The l)oard of supervisiiio- inspectors shall establish '^ii^^'li ^./fj;';"!"//-^^^^^^^ 
 rei>idations asmay be necessary to make known in a proper fomiHtion to lo 
 manner, to local inspectors, 'the najues of all persons *"];".1?^^^J^"- 
 licensed under the provisions of this Title, the names of 
 all persons from whom licenses have been withheld, and 
 the names of all whose licenses have been suspended or 
 revoked; also the names of idl steam-vessels neo-lecting- or 
 refusing to make such repairs as may be ordered pur- 
 suant to law, and the names of all that have been refused 
 certiticates of inspection. 
 
 "The board of supervising- inspectors shall establish ^o^tl"nfer°pl4^ 
 such regulations to be observed by all steam-vessels in '"?■ ^^ ^^^^ 
 passing each other, as they shall from time to time deem '• " "^ - 
 necessar}" for safety; two printed copies of such regula- - 
 tions, signed by them, shall be furnished to each of such 
 vessels, and shall at all times be kept posted up in con- 
 spicuous places in such vessels. 
 
 '' Everv pilot, engineer, mate, or master of anv steam-. Penalty forvjo- 
 
 1 "i \ r •111' 11 J- J. \ ^ ii liitiou ot regula- 
 
 vessel who neglects or willtully refuses to observe the tions. 
 regulations established in pursuance of the preceding sec- ^''- ^^ '•''^^^■ 
 tion. shall be liable to a penalty of fifty dollars, and for 
 all damages sustained by any passenger, in his person or 
 baggage, b}' such neglect or refusal. 
 
 There shall be, in each of the following collection >,,^J^ri°e(^ o'i- jo^^l 
 districts, one inspector of hulls and one inspector of inspectors. 
 boilers, namelv: The districts of New York, New York; Mar'.'i',''m5. 
 Boston. Massachusetts; Philadelphia, Pennsylvania; San (^^"^ stdt, g99.) 
 Francisco, California; All)any, New York; New London, 
 Connecticut; Baltimore, Maryland; Butialo, New York; 
 Cleveland, Ohio; New Orleans, Louisiana; Norfolk, Vir- 
 ginia; Saint Louis, Missouri; Dubuque, Iowa; Detroit, 
 Michigan; Chicago, Illinois; Jacksonville, Florida; Bangor, 
 Maine; New Haven, Connecticut; Michigan, Michigan; Mar.2,mri. 
 Milwaukee, ^A'isconsin; Port Huron, Michigan; Willa- ^~'"''« •■•^'' •> 
 uiette, Oregon; Portland, Maine; Puget Sound, Washing- 
 
 " Section 4412 is limited by section 5 of the act of Jtnie 7, 1897, to 
 the Red River of the North and rivers emptying into the GuU" of 
 Mexico, and their tril)utaries; and superseded by section 2 of said act, 
 applying to the inland waters of the Atlantic and Pacific coasts; and 
 superseded l)y section 15 of the act of February 8, 1895, applying to 
 the (ireat Lakes and their connecting and tributary waters as far east 
 as Montreal. See rules to prevent collisions, page 324 et secj. Addi- 
 tional duties of board of supervising inspectors regarding rules of road 
 are given on pages 339, 342, 348, 349, 352, 355, and 357. 
 
 ''Section 4413 is limited by section 5 of the act of June 7, 1897, (page 
 353) to the Red River of tlie North and rivers emptying into the Gulf of 
 Mexico and their tributaries, and the (ireat bakes and their connect- 
 ing and triVjutary -waters as far east as Montreal; and superseded by 
 section 3 of said" act (page 335), applying to the inland waters of the 
 Atlantic and Pacific coasts. 
 
120 STEAMBOAT-INSPECTION SERVICE 
 
 s ectors^^ "^^ "^"toii; Savannah, Georgia; Pittsburg, Pennsylvania; Oswego, 
 New York; Charleston, South Carolina; Duluth, Minne- 
 sota; Louisville, Kentucky; Evansville, Indiana; Memphis, 
 Tennessee; Nashville, Tennessee; Cincinnati, Ohio; (ialli- 
 june% 1900 po^i*^? Ohio; Wheeling, West Virginia; Superior, Michi- 
 (31 Stat.,' 262.) gnn\ Burliugton, Vermont; Apalachicola, Florida; Galves- 
 tsosm.faeol) ton, Texas; Mobile, Alabama; Toledo, Ohio; Alaska; and 
 
 Providence, Rhode Island. 
 
 Mar. 1.1895. The iuspector of hulls and the inspector of boilers in 
 
 ill'l"''"^'^'^ the districts 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: 
 
 In districts inspecting one hundred steamers and less to 
 
 a salary of one thousand two hundred dollars per year 
 
 each. 
 
 In districts inspecting over one hundred and less than 
 one hundred and fifty steamers, to a salary of one thou- 
 sand live hundred dollars per year each. 
 
 In districts inspecting one hundred and hfty and less 
 than two hundred steamers, to a salar}" of one thousand 
 eight hundred dollars per year each. 
 
 In districts inspecting two hundred and less than three 
 hundred steamers, to a salary of two thousand dollars per 
 year each. 
 
 In districts inspecting three hundred and less than hve 
 hundred steamers, to a salary of two thousand two hun- 
 dred and tifty dollars per year each. 
 
 In districts inspecting live hundred steamers and up- 
 ward, to a salary of two thousand live hundred dollars per 
 year each. 
 s eetOTs^'^ ^^ '" '^^^^ Supervising Inspector-General shall report to the 
 Secretary of Commerce and Labor the numljer of inspec- 
 tions for the year next ])receding the approval of this 
 Act and thereafter, at the end of each hscal year, the 
 number of steamers inspected in each local district in that 
 year, which number shall be the basis upon which shall 
 be determined the salaries to be paid to local inspectors 
 for the following fiscal year, in the ratio described in the 
 preceding paragraphs of this section. 
 s ectors^"* "^ And, in addition, the Secretar}^ of Commerce and Labor 
 may appoint, uj)on the nomination of the supervising in- 
 spector of the district, in collection districts where there 
 are two hundred and twenty-five steamers and upward to 
 be inspected annually, assistant inspectors, at a salar}", for 
 the district of New York, of two thousand dollars a year 
 each; for the district of New Orleans, Louisiana; Phila- 
 delphia, Pennsylvania; Baltimore, Maryland; Boston, 
 Massachusetts; Chicago, Illinois; and San Francisco, Cali- 
 fornia, at one thousand eight hundred dollars per year 
 each; and for all other districts 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 
 
STEAMBOAT-INSPECTION SERVICE 
 
 121 
 
 Mileiig-e, etc. 
 Fib. ir,. 1897. 
 {„".! Stdf., 53U.) 
 
 j.p. 
 
 K'lll illSlH'"t- 
 
 R. S., t,.',15. 
 
 person so iippointod. Kvcrv insjUH-tor providod for in 
 this or tlH' j)i-(>(('(liMo- siH-tioiis of this tith> siiall 1)0 paid 
 his iictnal and rcasoiiaith* travcliny' (\\pensos oi- niih\i<iv, 
 at tho rate of tivo, ('(Mits a niih', iticurivd in th(> porform- 
 anc'c of his dntics, toocthor with his actnal and I'easonabU^ 
 expenses for transportation of itistrunients, which shall be 
 certified and sworn to under such instructions as shall l)e 
 given hv the Secretary of C\)nnnerce and I^abor. 
 
 «'* * * an insi)ector of hulls, shall [bel a ])erson of Qiiaiifi<<itionR 
 trood character and suital)l(> (juahhcations and attauunents 
 to perform the services reipiinMl of inspectors of hulls, 
 ana who, from his practical knowledoe of .shipl)uildino- 
 and navigation and the uses of steam in navigation, is 
 fully eompetent to make a relial)le estimate of the strength, 
 sea-'worthiness, and other qualities of the hulls of steam- 
 vessels and their e(|uipment, deemed essential to safety of 
 life in their navigation; and an inspector of boilers, shall 
 I tie] a ])erson of g'ood character and suitable qualifications 
 and attaiiunents to perform the services required of 
 inspectors of boilers, who, from his knowledge and exyieri- 
 ence of the duties of an engineer employed in navigating 
 vessels by steam, and also of the construction and use of 
 boilers, and machinery, and appurtenances therewith con- 
 nected, is able to form a reliable opinion of the strength, 
 form, workmanship, and suitalileness of boilers and ma- 
 chinery to be employed without hazard to life, from imper- 
 fection in the material, workmanship, or arrangement of 
 any part of such apparatus for steaming. No appointment 
 of an inspector of hulls or an inspector of boilers shall })e 
 made without the concurrence of the supervising inspector. 
 The inspector of hulls and the inspector of boilers thus 
 designated, Avhenappro\ed l)y the Secretary of Conunerco 
 and Labor, shall, from the date of designation, constitute 
 a l)oard of local inspectors. 
 
 No person interested, either dire^tly or indirectly, in any 
 patented article required to be used on any steamer by this J^ 
 Title, or who is a member of any association of owners, 
 masters, engineers, or pilots of steamboats, or who is 
 directly or indii"(M'tly pecuniarily interested in any steam- 
 vessel, or who has not the qualifications and acquirements 
 prescribed by this Title, or who is intemperate in his hal)its, 
 shall ])e eligible to hold the office of either supervising or 
 local inspector, or to dischai-ge the duties thereof; and if 
 any such person shall attempt to exercise the functions of 
 the office of either inspector, he shall be deemed g'uilt}" of 
 a misdemeanor,. punishable by a fine of five hundred dol- 
 lai's, and shall be dismissed from office. 
 
 Lociil boards 
 
 What persons 
 are not eligible. 
 
 ■ .S., UIG. 
 
 «rnder a decision of the Attorney-General, so much of section 4415 
 as re(|uires the board of desifjnators tiierein named to make the desig- 
 nation for ai>pointnient of a local inspector is claimed to be repealed 
 by the civil-service act. 
 
122 STEAMBOAT-INSPECTION SERVICE 
 
 huiis^^*'*''''^ °^ ^^^ local inspectors shall, once in every year, at least, 
 R. s., uuii. upon application in writing of the master or owner, care 
 full}" inspect the hull of each steam-vessel within their 
 respective districts, and shall satisfy themselves that every 
 such vessel so submitted to their inspection is of a struc- 
 ture suitable for the service in which she is to be employed, 
 has suitable acconunodations for passengers and the crew, 
 and is in a condition to warrant the belief that she may 
 be used in navigation as a steamer, with safety to life, 
 and that all the requirements of law in regard to fires, 
 boats, pumps, hose, life-preservers, tloats, anchors, cables, 
 and other things, are faithfully complied with; and if they 
 deem it expedient, they may direct the vessel to be put 
 in motion, and may adopt any other suitable means to test 
 her sufficiency and that of her equipment. 
 Annual inspee- The local inspectors shall, once in every ,year, at least, 
 Dec.u,m8. or upon application in writing of the master or owner, 
 ivc."^/"'" '^^'^ carefully inspect the hull of each sail vessel of over seven 
 hundred tons and all other vessels and barges of over one 
 hundred tons burden carrying passengers for hire within 
 their respective districts, and shall satisfy themselves that 
 every such vessel so submitted to their inspection is of a 
 structure suital)le for the service in which she is to be em- 
 ployed, has suitable accommodations for the crew, and is 
 in a condition to Avarrant the ])elief that she ma}' ])e used 
 in navigation with safety to life. 
 boUers^'' '°" " The local inspectors shall also inspect the boilers of 
 E. s., uis. ^ji steam-vessels before the same shall be used, and once 
 at least in every year thereafter. They shall subject 
 all boilers to the hydrostatic pressure; and shall satisfy 
 themselves hy thorough examination that the l)oilers are 
 well made, of good and suitable material; that the open- 
 ings for the passage of water and steam, respectively, 
 and all pipes and tubes exposed to heat, are of proper di- 
 mensions and free from obstruction; that the spaces be- 
 tween and around the flues are sufficient; that the flues are 
 circular in form; that the fire line of the furnace is at 
 least two inches below the prescribed mininumi water-line 
 of the boilers; that the arrangement for delivering the 
 feed-water is such that the boilers can not be injured there- 
 by; and that such boilei's and machinery, and the appurte- 
 nances, may be safely employed in the service proposed in 
 the written application, without peril to life. They shall 
 also satisfy themselves that the safety-valves are of suitable 
 dimensions, sufficient in number, and well arranged; and 
 that the weights of the safety-valves are properly adjusted, 
 so as to allow no greater pressure in the boilers than the 
 amount prescribed by the inspection certificate; that there 
 f^ritat s^l)' ^'^ ^ sufficient number of gaug'e-cocks properly inserted 
 Sec. u.'' " and suitable steam gauges to indicate the pressure of steam; 
 and that there are reliable low-water gauges; and that the 
 fusible metals are properly inserted so as to fuse by the 
 
STEAMBOAT-INSPECTION SERVICE 123 
 
 lu>at of th(> funiiU'o. wluMicvcr the watcM-inthe ))oilers falls 
 hclow its prcscrilx'cl limits; and that adiMiuatc- and certain 
 i)i()visi()n is made tor an ample* siqjply of water to feed 
 the boilers at all times, whethei' such \ ('ss(>l is in motion or 
 not, so tiiat in hiiih-pressure boilers thc^ water shall not be 
 less than four inches above th(^ top of the flues; and that 
 means for blow ino- out are provided, so as to thoroujj'hly 
 remove the mud and sediment from all parts of the boil- 
 ers, when they ar(> under ])ressure of steam. * * * " 
 All boilers used on steam-vess(ds and constructed of iron 
 or stt'«d plates, inspected undei' tiie ])rovisions of section 
 fortv-four hundred and thirty, shall b(^ subj(H'ted to a hy- 
 drostatic test, in the ratio of one hundred and fifty pounds 
 to the square inch to one liundred pounds to the K^iuaro 
 inch of the workino- steam-power allowed. No l)oiler or 
 pipe, nor any of the connections therewith, shall be ap- 
 proved, which is made, in whole or in part, of bad mate- 
 rial, or is unsafe in its form, or dangerous from defective 
 workmanship, ajj;'e, use, or other cause. 
 
 One of tlui safety-valves may, if in the opinion of the ^a^f^tj^y^Jv^J "^^ 
 local inspectors it is necessarv to do so, * * * be R.s. 1,1,19. 
 taken wholly from tlie control of all persons engaged in (u stat., H'>.) 
 naviii'atinu' such vessel and secured by th(* inspectors. 
 
 When th(» inspection of a steam-vessel is completed and inspMUom' °* 
 the inspectors approve the vessel and her equipment i<- f>-J>'>~i- 
 throuij;hout, they shall make and subscril)e a certificate 
 to the collector or other chief officer of the customs of 
 the district in whicdi such inspection has been made, in 
 accordance with the form and reoulations prescrilied by 
 the board of supervisino- insjx'ctors. Such certificate 
 shall be verified by the oaths of inspectors sig-ning- it [,] 
 before the chief officer of the customs of the district, or 
 any other person competent by law to administer oaths. 
 If the inspectors refuse to grant a certificate of approval, 
 they shall make a statement in writing, and sign the same, 
 giving the reasons for their disapproval. 
 
 I'pon the application of any master or owner of any g^ilpowder.'^'^"^ 
 steam-vessel employed in the carriage of passengers, for Ji"- *'., 4422. 
 a license to carry gunpowder, the local inspectors shall 
 examine such vessel, and if they find that she is ])rovided 
 with a chest or safe composed of metal, or entirely lined 
 and sheathed thei-ewith, or if the vessel has one or more 
 compartments thoroughly lined and sheathed with metal, 
 at a secure distance from any tii-e, they may grant a cer- 
 tificate to that effect, authorizing such vessel to carry as 
 freight Avithin such chest, safes, or compartments, the arti- 
 cle of gunpowder. 
 
 Every collector or other chief officer of the customs tifl^^ftfonnlplc- 
 shall retain on file all original certificates of the inspectors tion. ^ 
 required to be delivered to him, and shall give to the mas- 
 
 « Part omitted virtually expired by limitation February 28, 1872. 
 
124 STEAMBOAT-IKSPECTION SEKVICE 
 
 ter or owner of the vessel therein named three certified 
 copies thereof; two of whicli shall be placed by such mas- 
 ter or owner in conspicuous places in the vessel where 
 they will be most likely to be observed b}' passengers and 
 others, and there kept at all times, framed under glass; 
 and the other shall be retained by such master or owner, 
 as evidence of the authority thereby conferred. 
 Carrying pas- Whenever any passenger is received on board anv 
 
 sengers or gun- -' I . fe - •-• i • j: ,1 .-jl 
 
 powder contrary steam- vessel uot having the certified copies or the certifi- 
 ^£.^'., uh'2h. cate of approval placed and kept as i-equired l\y this Title, 
 or whenever any passenger steam-vessel receives or carries 
 any gunpowder on board, not having a certificate authori- 
 zing the same, and a certified copy thereof placed and 
 kept as required, or shall carry any gunpowder at a place 
 or in a manner not authorized by such certificate, such 
 steam-vessel shall be liable to a penalty of one hundred 
 dollars for each offense/' 
 tify^ing^fai'Jeiy'^'^ Everv inspcctor who willfully certifies falsely touching 
 
 R.s.,hk'i5.' any steam-vessel, as to her hull, accommodations, boil- 
 ers, engines, machinery, or their appurtenances, or any of 
 her equipments, or any matter or thing contained in any 
 certificate signed and sworn to by him, shall be punished 
 by fine of not more than five hundred dollars, or imprison- 
 ment for not more than six months, or both.* 
 
 Ferry-boats, The hull and boilcrs of every ferry-boat, canal-boat, 
 yaeht\ etc*;"^ *'' yacht, or other small craft of like character, propelled l)y 
 
 R.s.,t.m. steam, shall be inspected under the provisions of this 
 Title. Such other pi'ovisions of law for the better security 
 of life, as may be applicable to such vessels, shall, by the 
 regulations of the board of supervising inspectors, also be 
 required to be complied with, before a certificate of inspec- 
 tion shall 1)0 granted; and no such vessel shall be navi- 
 gated without a licensed engineer and a licensed pilot: 
 
 fitilt^fa^) ""P'^ovided, hoirevei\ That in open steam-launches of ten 
 tons burden and under, one person, if duly qualified, may 
 serve in the double capacity of pilot and engineer." 
 
 i^'dat ^fsg) "All vessels of aliove fifteen tons l)urden, carrying freight 
 or passengers for hire, propelled by gas, fiuid, naphtha, or 
 electric motors, shall 1)e, and are hereb}^ made subject 
 to all the provisions of section forty-four hundred and 
 twenty-six of the Revised Statutes of the United States, 
 relating to the inspection of hulls and boilers and requir- 
 ing engineers and pilots."" 
 
 Tug-boats, Xhe hull and boiler of every tug-boat, towing-boat, and 
 j^eig - oa s, f|.g|gjjt.|)f)j^t shall be inspected, under the provisions of this 
 
 R. s., 1,1,27. Title; and the inspectors shall see that the boilers, machin- 
 ery, and appurtenances of such vessel are not dangerous 
 in form or workmanship, and that the safety-valves, gauge- 
 cocks, low-water alarm-indicators, steam-gauges, and fusi- 
 ble plugs are all attached in conformity to law; and the 
 
 « See sections 4472, 4474-4476, pages 136, 137, 138. 
 b See section 5482, page 145. 
 
STEAMBOAT-INSPECTION SERVICE 125 
 
 officors navijiiitin*;- such vcs-sols shall be licensed in con- 
 forniitv with tiie provisions of this Title, and shall be sub- 
 ject to the same provisions of law as otticers navigating 
 passenger-steamers. 
 
 That anv steam vessel engaged in the business of towing, I'erson-s ai- 
 
 , ■• . 7^ !• 1-1 1 X * lowed on board 
 
 vessels, ratts, or water cratt or any kmd, also steam ves- nrtain vessels, 
 sels engaged in oyster dredging and pi:inting, and tishing i'ustai.^m.) 
 steamers engaged in food tishing on the (ireat J^akes and •^^^- ^^^ ^^^^ 
 all other inland waters of the United States, and not car- (Si'atat., soi.) 
 rving passengers, may be authorized and licensed by the 
 supcr\ ising inspector of the district in which said steamer 
 shall be employed to carry on l)oard such numher of per- 
 sons, in addition to its crew, as the supervising inspector, 
 in his judgnuMit. sliall deem necessary to carry on the 
 leoitimate business of such towing, oyster and tishing 
 steamers, not exceeding, however, one person to every 
 net ton of measurement of said steamer: I^rorlded^ Inni)- 
 erer. That the person so allowed to be carried shall not be 
 carried for hire. 
 
 Every steam vessel licensed under the foregoing section Life presen- 
 shall carry and have on board, in accessible places, one j\ii,/ u. issr,. 
 lite-preserver for every per.son allowed to be carried, in ,vr /^'°'' ^"^'^ 
 addition to those provided for the crew of such vessel. 
 
 Every l)oiler manufactured to be used on steam-vessels, boue^rj^'"^''''"""^ 
 and made of iron or steel plates, shall be constructed of r. s.'/,/,s8. 
 plates that have been stamped in accordance with the pro- 
 visions of this Title. 
 
 Every |)erson who constructs a boiler, or steam-pipe ^J^i'^op^''^ ,<;^!j; 
 connecting the boilers, to be u.sed on steam-vessels, ofers. 
 iron or steel plates which have not been duly stamped ^■^■^~''- 
 and inspected according to the provisions of this Title, 
 or who knowingly uses any defective, bad, or faulty 
 iron or steel in the con.struction of such boilers; or who 
 drifts any rivet-hole to make it come fair; or who delivers 
 any such boiler for u.se, knowing it to be imperfect in its 
 tlues. flanging, riveting, bracing, or in an\' other of its 
 l)arts. shall be fined one thousand dollars, one-half for the 
 use of the informer. Nothing in this Title shall be so 
 construed as to pi'event from being used, on any steamer, 
 any boiler or steam-generator which may not be con- 
 structed of rivetinl iron or steel plates, when the board of 
 supervising inspectors have satisfactory evidence that such 
 boiler or steam generator is equal in strength, and as safe 
 from explosion, as a boiler of the best quality constructed 
 of riveted iron or .steel plates. Provided^ however^ That p2%at^^fo) 
 the Secretary of Commerce and Labor may grant permis- 
 sion to use any boiler or steam generator not constructed 
 of riveted iron or steel plates upon the certificate of the 
 supervising inspector of steam))oats for the district wherein 
 such boiler or generator is to l)e used, and other satisfac- 
 tory proof that the use of the same is safe and efficient; said 
 
126 
 
 STEAMBOAT-INSPECTION SERVICE 
 
 Inspection 
 
 boiler plates. 
 
 B. S., WO. 
 
 Jan. 22, 1S91,. 
 {2S Stat., 2S.) 
 
 permit to be valid until the next regular meeting of the 
 .supervising inspectors who shall act thereon. 
 ''^ Every iron or steel plate used in the construction of 
 steamboat-boilers, and which shall be subject to a tensile 
 strain, shall be inspected in such manner as shall be pre- 
 scribed b}" the board of supervising inspectors and ap- 
 proved b}^ the Secretary of Commerce and Labor, so as to 
 enable the inspectors to ascertain its tensile strength, homo- 
 geneousness, toughness, and ability to withstand the effect 
 of repeated heating and cooling; and no iron or steel plate 
 shall be used in the construction of such boilers which 
 has not been inspected and approved under those rules. 
 And the Supervising Inspector-General may, under the 
 direction of the Secretary of Commerce and Labor, detail 
 assistant inspectors from any local inspection district 
 where assistant insi)ectors are employed, to inspect iron 
 or steel boiler plates at the mills where the same are man- 
 ufactured; and if the plates are found in accordance with 
 the rules of the su])ervising inspectors, the assistant 
 inspector shall stamp the same with the initials of his 
 name, followed by the letters and words, ' U. S. assistant 
 Inspector;' and material so stamped shall be accepted by 
 the local inspectors in the districts where such material is 
 to be manufactured into marine boilers as being in full 
 compliance with the requirements of this section regard- 
 ing the inspection of boiler plates; it being further pro- 
 vided that any person who affixes any false, forged, fraud- 
 ulent, spurious, or counterfeit of the stamp herein author- 
 ized to l)e put on ])y an assistant inspector, shall 1)e deemed 
 guilty of a felony, and shall be fined not less than one 
 thousand dollars, nor more than live thousand dollars, and 
 imprisoned not less than two 3'ears nor more than five 
 3'ears. 
 
 Eveiy plate of boiler-iron or steel, made for use in the 
 construction of steam))oat-])oilers, shall ])e distinctly and 
 permanently stamped by the manufacturcir thereof, and, 
 if practicable, in such places that the marks shall be left 
 visible when such plates are worked into ])oilers, with the 
 name of the manufacturer, the place where manufactured, 
 and the number of pounds tensile strain it will bear to 
 the sectional square inch; and the inspectors shall keep a 
 record in their office of the stamps upon all boiler-plates 
 and boilers which they inspect, 
 ^^c^unterfeiting Evcry pcrsou wlio counterfeits, or causes to be counter- 
 ^ iT^^'ws!?. feited, any of the marks or stamps prescribed for boiler- 
 iron or steel plates, or who designedly stamps, or causes 
 to be stamped falsely, any such plates; and every person 
 who stamps or marks, or causes to be stamped or marked, 
 any such iron or steel plates with the name or trade-mark 
 of another, with the intent to mislead or deceive, shall 
 be tined two thousand dollars, one-half to the use of the 
 
 stamping 
 boiler plaU'> 
 
 a. s., i<!,.n 
 
 of 
 
STEAMBOAT-INSPECTION SERVICE 127 
 
 inforiiicr, unci nuiy. in tulditioii thereto, iit the discretion 
 of the eourt, l)e inii)risoiH'd not exceedinij^ two years. 
 
 The workinof steam-pressure allowal)le on boilers con- iTcssurc of 
 striu'ted of plates inspected as required bv this Title, when ^ j^.'s.^iss* 
 sinjrlt^-i'ivoted, shall not produce a strain to exceed one- 
 sixth of the tensile sti"eni,4h of the iron or steel plates of 
 which such boilers are constructed; l)ut where tne longi- 
 tudinal lajjs of the cylindrical parts of such boilers are 
 doul)le-riveted. and the ri\et-holes for such boilers ha\'e 
 been fairly drilled instead of punched, an addition of 
 twenty per centum to the workiny--pressure provided for 
 sinjj^le-rivetinii- may l)e allowed: J'rorldal, That all other 
 parts of such boilers shall correspond in streng-th to the 
 additional allowances so made: and no split-calking- shall 
 in any case be permitted. 
 
 No' externally tired ))oiler having its shell constructed „„""sJ,acJ''b!;^ 
 of iron or steel plates exceeding an avei-age thickness of '"^;^''^. "J',*','^; 
 thirty on(>-hundredths of un inch shull be employed on yfb.'ks^ms. 
 any steam vessel navigating the Red Kiver of the North ^~« -^■'«'- s^-) 
 or rivers flowing into the (iulf of ^lexico or their tribu- 
 taries: and no externally tired boiler employed on any 
 such steam vessel shall have less than three inches space 
 between its shell and any of its internal flues, and not 
 less than three inches space between such flues when 
 any such flues are more than five inches in diameter: and 
 every such externally tired l)oiler employed on any such 
 steam vessel shall l)e provided with a manhole in the lower 
 part of the front head thereof, of such dimensions as may 
 be prescril)ed by the Board of Supervising InsjXH'tors, in 
 all cases where the distance between its internal flues is 
 less than three inches. 
 
 Externally flred boilers having shells constructed of 
 iron or steel plates not exceeding an average thickness 
 of flfty one-hundredths of an inch may, in the discretion 
 of the Secretary of Couuuerce and Labor, be authorized 
 and employed on steam vessels navigating the Atlantic and 
 Pacitic oceans, or salt-water bays or sounds, or the Great 
 Lakes, or any of them, and Avaters flowing to and from the 
 same, or any of them: l*r<tvldi;d^ That on inspection no 
 plate that is by this Act limited to a thickness of thirty 
 one-hundredths of an inch and no plate that is by this Act 
 limited to a thickness of flfty one-hundredths of an inch 
 shall be rejected for use if found to exceed those dimen- 
 sions, respectively, if the average thickness thereof does 
 not exceed the limits thei-ein specifled, and the amount of 
 steam pressure that will l)e permitted to be carried in 
 boiU'rs constructed in accordance with the reipiirements 
 of this Act shall ))e determined from nunisurements show- 
 ing the least thickness of the plates. 
 
 The feed-water shall l)e delivered into the t)oilers in Feet ana con- 
 
 1 . • ,. i J- ii i 1 necting pipes. 
 
 bucti manner as to prevent it from contracting the metal, n. ^., ass. 
 
128 STEAMBOAT-IlSrSPECTIOlSr SEEVICE 
 
 or otherwise injuring tlie boilers. And when boilers are 
 so arranged on^ a vessel that there is emplo3"ed a water- 
 connecting pipe through which the water ma}' pass from 
 one boiler to another, there shall also be provided a sim- 
 ilar steam-conneotion, having an area of opening into each 
 boiler of at least one square inch for ever}' two square feet 
 of effective heating-surface contained in any one of the 
 boilers so connected, half the flue and all other tire sur- 
 faces being computed as eti'ective. Adequate provision 
 shall be made on all steam vessels to prevent sparks or 
 flames from being driven back from the fire-doors into the 
 vessel. 
 Safety-valves, Evcrv boilcr shall be provided with a good, well-con- 
 'r. s.,i.A36.' ' structed safet^'-valve or valves, of such number, dimen- 
 sions, and arrangements as shall be ])rescribed by the 
 board of supervising inspectors, and shall also ])e provided 
 with a sutticient number of gauge-cocks and a reliable low- 
 water indicator that will give alarm when the water falls 
 below its prescribed limits; and in addition thereto there 
 shall be inserted, in a suitnble manner, in the flues, crown- 
 sheet, or other parts of the boiler most exposed to the heat 
 of the furnace when the water falls below its prescribed 
 limits, a plug of good Banca tin. 
 obstruttiiiK Every person who intentionally hmds or obstructs, 
 etc. ■ or causes to be loaded or obstructed, m any way or 
 
 R.s.,i.u37. manner, the safety-valve of a boilei', or who employs 
 any other means or device whereby the boiler may be 
 subjected to a greater pressure than the amount allowed 
 by the certificate of the inspectors, or who intentionally 
 deranges or hinders the operation of any machinery or 
 device employed to denote the state of the water or 
 steam in any boiler, or to give warning of approaching 
 danger, or who intentionally permits the water to fall 
 below the prescribed low-water line of the boiler, and 
 every person concerned therein, directly or indiiectly, 
 shall be guilty of a misdemeanor, and shall be fined two 
 hundred dollars, and jnay also l)e imprisoned not exceed- 
 ing five years. 
 Licenses of The hoards of local inspectors shall license and classify 
 sectors. "^"^ '""the masters, chief mates, and second and third mates, 
 Dcc"'>'i'*l%s ^^ ^'^ charge of a watch, engineers, and pilots of all 
 (so'iiiat., reC) steam vessels, and the masters and chief mates of sail 
 *<^<'- ^- vessels of over seven hundred tons and all other vessels 
 
 and barges of over one hundred tons burden carrying 
 passengers for hire. 
 
 It shall be unlawful to employ any person, or for any 
 person to serve, as a master, chief mate, engineer, or pilot 
 of any steamer, or as master or chief mate of any sail ves- 
 sel of over seven hundred tons who is not licensed })y the 
 inspectors; and anyone violating this section shall be liable 
 to a penalty of one hundred dollars for each offense. 
 
STEAMBOAT-INSPECTION SERVICE 129 
 
 Wlirnever jiny person upplios to bo licensed ;xs ,^^?jj<=*-'''se of cap- 
 master of any steam vessel, or of a sail vessel of over v^.s., /,/,.%. 
 seven luiiulred tons, the inspectors shall make dilig-ent iso'sui.'Mt) 
 itKiniry as to his character, and .shall carefully examine •*<^-^- 
 the applicant as well as the proofs which he presents in 
 supi)ort of his claim, and if they are satisfied that his 
 aipacity. experience, hahits of life, and character arc such 
 as wari'ant the lielief that he can safely he enti'ustinl with 
 the duties and responsihiliti(>s of the station for which he 
 makes application, they shall ^irant him a license authoriz- 
 ing^ him to dischar(j;-e such duties on anv such vessel for 
 the term of five years; hut such license shall be suspended 
 or revoked upon satisfactory i)roof of bad conduct, intem- 
 perate hal)its, incapacity, inattention to his duties, or the 
 willfnl violation of any provision of this title applicable 
 to him. 
 
 Whenever any person api)lies for authority to Ik; Licenseofchief 
 employed as chief mate of ocean or coastwise steam n. k. /.ao. 
 ves.sels or of sail \essels of over seven hundred tons, or as f^o^is^i/.frei) 
 second or third mate of ocean or coastwise steam vessels, ^<^-^- 
 who shall have charge of a watch, or whenever any per.son 
 applies for authority to be employed as mate of river 
 steamers, the inspectors shall recpiire satisfactory evidence 
 of the knowledge, experience, and skill of the applicant in 
 lading cargo and in handling and stowage of freight, and 
 if for license as chief mate on ocean or coastwise steamers, 
 or of sail vessels of over seven hundred tons, or as second 
 or thiid mate of ocean or coastwise steamers, who shall 
 have charge of a watch, shall also examine him as to his 
 knowledge and ability in navigation and managing such 
 ve.s.sels and all other duties pertaining to his station, and 
 if .satisfied of his qualifications and good character they 
 shall grant him a license authorizing him to perform such 
 duties for the term of five years upon the waters upon 
 which he is found qualified to act; but such license shall 
 be suspended or revoked ui)()n satisfactory proof of bad 
 conduct, intemperate habits, unskillfulness. or want of 
 knowledge of duties of his station or the willful violation 
 of any provision of this title. 
 
 Whenever any person applies for authority to perform License of en- 
 the duties of engineer of any steam-vessel, the inspectors ^^J^'^^^'^^^j 
 shall examiiic the applicant as to his knowledge of steam 
 machinery, and his experience as an engineer, and also 
 the j)i'(><jfs which he produces in support of his claim; 
 and if. upon full consideration, they are satisfied that his 
 character, habits of life, knowledge, and experience in the 
 duties of an engineer are all such as to authorize the belief 
 that he is a suitable and .safe person to be intrusted with 
 the powers and duties of such a static)n, tliey shall gi'ant 
 him a license, authorizing him to be employed in such 
 duties for the term of five years, in which they shall assign \29^s^ai.!m'.) 
 27628—04 9 
 
13Q STEAMBOAT-INSPECTION SEKVICE 
 
 him to the appropriate class of engineers; but such license 
 shall be suspended or revoked upon satisfactory proof of 
 negligence, unskillfulness, intemperance, or the willful 
 violation of any provision of this Title. Whenever com- 
 plaint is made against any engineer holding a license au- 
 thorizing him to take charge of the boilers and machinery 
 of any steamer, that he has, through negligence or want of 
 skill, permitted the boilers in his charge to burn or other- 
 wise become in l)ad condition, or that he has not kept his 
 engine and machinery in good working order, it shall be 
 the duty of the inspectors, upon satisfactory proof of such 
 negligence or want of skill, to revoke the license of such 
 engineer and assign him to a lower grade or class of engi- 
 neers, if the}^ find him fitted therefor. 
 ^^License of ri- Whenever any person claiming to be a skillful pilot of 
 
 ii.s.jM^. steam-vessels offers himself for a license, the inspectors 
 shall make diligent inquiry as to his character and merits, 
 and if satisfied, from personal examination of the appli- 
 cant, with the proof that he offers that he possesses the 
 requisite knowledge and skill, and is trustworthy and 
 faithful, they shall grant him a license for the term of 
 five years to i)ilot any such vessel within the limits pre- 
 scribed in the license; but such license shall be suspended 
 or revoked upon satisfactory evidence of negligence, 
 unskillfulness, inattention to the duties of his station, or 
 intemperance, or the willful violation of any provision of 
 this Title. 
 tain*^or^mate'\'i's Where the uiastcr or mate is also pilot of the vessel, he 
 pilot. shall not be required to hold two licenses to perform such 
 
 duties, but the license issued shall state on its face that he 
 is authorized to act in such double capacity. 
 
 state reguia- No State or uuinicipal government shall impose upon 
 ^^R.\flilu.' pilots of steam-vessels any obligation to procure a State 
 or other license in addition to that issued by the United 
 States, or any other regulation which will impede such 
 pilots in the performance of the duties recpiired by this 
 Title; nor shall any pilot-charges be levied by any such 
 authority upon any steamer piloted as provided by this 
 Title; and in no case shall the fees charged for the pilot- 
 age of any steam-vessel exceed the customary or legally 
 estal)lishcd rates in the State where the same is per- 
 formed. Nothing in this Title shall be construed to 
 annul or affect any regulation established by the laws of 
 any State, requiring vessels entering or leaving a port in 
 any such State, other than coastwise steam-vessels, to take 
 a pilot duly licensed or authorized by the laws of such 
 State, or of a State situate upon the waters of such State. 
 
 Oath of li- Every master, chief mate, engineer, and pilot, who 
 
 R.s.,hU5.^' receives a license, shall, before entering upon his duties, 
 make oath before one of the inspectors herein provided 
 for, to be recorded with the certiHcate, that he will faith- 
 fully and honestly, according to his best skill and judg- 
 
STEAMBOAT-INSrECTION SEKVICE 131 
 
 iiiont. without conooaliiuMit or rosorviitioii. jx'rt'onn all 
 the duties iV(|uir(Hl of liiui b}' law. 
 
 Every a|)]ilic-;nit for Mchmisc as either master, mate, pilot, .Vdc ;?,?, 1900. 
 or eiiiiineer under the provisions of this title shall make ^^^ •"''"'•• ^f*) 
 and subscribe to an oath or atHrmation, before one of the 
 inspectors referred to in this title, to the truth of all the 
 stateincMits set forth in his ap])Iicatiou for such license. 
 
 Any person who shall make or subsci'il)e to any oath or Fnisioiith. 
 allirmation autiiori/.e(l in this title and knowino" the same 
 to be fals(> shall Ik^ deemed guilty of ])ei'jury. 
 
 Every lii-ensed master, mate, pilot, or engineer wlio shall ,, *'"'"«'"!< ij- 
 chanye, by addition, interpolation, or erasure of any kind, 
 any certiticate or license issued by any inspector or inspect- 
 ors referred to in this title shall, for every such offense, 
 upon conviction, be punished ])y a tine of not more than 
 five hundred dollars or l)y imprisonment at hard labor for 
 a term not exceeding' three years. 
 
 Every master, uiat(\ enoineer. and pilot Avho shall Licenses to be 
 receive a license shall, when employed upon any vessel, p"^'*;^- ^^^,^. 
 l)lace his certiticate of license, which shall be framed under 
 glass, in some conspicuous place in such vessel, where it 
 can be seen by passengers and others at all times; and for 
 every neglect to comply with this provision by any such 
 master, mate, engineer, or pilot, he shall be su})ject to a 
 line of one hundred dollars, or to the revocation of his 
 license. 
 
 When any licensed officer is employed on a steamer in a lunewui of of- 
 district distant from any local board of inspectors, such'''^^'''|.''^f;^7^*^- 
 inspectors, or the supervising inspector of the district, 
 may gi-ant a renewal of his license, without such licensed 
 officer being personally present, under such regulations as 
 the board of supervising inspectors shall prescribe. 
 
 All officers licensed under the provisions of this Title Licensed om- 
 shall assist the inspectors in their examination of any ves- spe^.to^s^^^^iT ex- 
 sel to which such licensed officers l)elong, and shall point '^"'"^t^'o)'^ 
 out all defects and imperfections, known to them in the 
 hull, equipments, ])oilers, or machiner}' of such vessel, 
 and also shall make known to the inspectors, at the earliest 
 opportunity , all accidents or occurrences producing serious 
 injury to the vessel, her boilers, or machinery; and in de- 
 fault thereof the license of any such officer so neglecting 
 or refusing shall ])e revoked. 
 
 If any licensed officer shall, to the hindrance of com- Revocation of 
 merce. wrongfully or unreasonably refuse to serve in his "o^'^7e'f„j,|,\'J"to 
 official capacity on any steamer, as authorized ))y the terms *erve. 
 of his certificate of license, or shall fail to deliver to the • •• " ■ 
 a])plicant for such service at the time of such refusal, if 
 the same shall be demanded, a statement in writing as- 
 signing good and sufficient reasoiLs thiMefor, or if any 
 pilot or engineer shall refuse to admit into the pilot-house 
 or engine-room any person whom th(^ master or owner of 
 the vessel may desire to place there for the purpose of 
 
132 STEAMBOAT-INSPECTION SERVICE 
 
 learning- the profession, his license shall be revoked, upon 
 the same proceed ino-s as are provided in other cases of 
 revocation of such licenses. 
 o/ccTnduffof o" The local boards of inspectors shall investigate all acts 
 fleers of incompetency or misconduct committed l)y any li- 
 
 censed officer while acting under the authority of his 
 license, and shall have power to summon before them any 
 witnesses within their respective districts, and compel their 
 attendance by a similar process as in the United States 
 circuit or district courts; and they may administer all 
 necessary oaths to any witnesses thus summoned before 
 them; and after reasonal)le notice in writing, gi\'en to the 
 alleged delinquent, of the time and place of such investi- 
 gation, such witnesses shall be examined, under oath, 
 touching the performance of his duties b}' any such 
 licensed officer; and if the ))oard shall bo satistied that 
 such licensed officer is incompetent, or has been guilty of 
 misbehavior, neglig-ence, or unskillf ulness, or has endan- 
 gered life, or willfully violated any provision of this Title, 
 they^ shall immediately suspend or revoke his license. 
 (See sec. 2, p. 140, act of May 28, ISOO.) 
 maSf "*and ", ^ The cliicf officcr of the customs for the district shall 
 wUnesses pay [from any money in the Treasur}^ not otherwise 
 
 ■ ' ■' " ' a})propriated] such fees to the United States marshal 
 for his services, and to anj' witness, so summoned, for 
 his actual travel and attendance, as shall be officially 
 certified to by any inspector hearing the case, upon the 
 back of such summons, not exceeding the rate allowed for 
 fees and to witnesses for travel and attendance in any 
 circuit or district courts of the United States. 
 peVvT^/ng* Tn- Whenever any board of local inspectors refuses to grant 
 ^^E^s^'us'^ a license to any person ap'pl3nng for the same, or sus- 
 pends or revokes the license of anv master, mate, engi- 
 neer, or pilot, any person deeming himself wronged hj 
 such refusal, suspension, or revocation, may, within thirty 
 days thereof, on application to the supervising inspector 
 of the district, have his case examined anew by such 
 supervising inspector; and the local board shall fur- 
 nish to the supervising inspector, in writing, the reasons 
 for its doings in the premises; and such supervising in- 
 spector shall examine the case anew, and he shall have 
 the same powers to summon witnesses and compel their 
 attendance, and to administer oaths, that are conferred on 
 local inspectors; and such witnesses and the marshal shall 
 be paid in the same manner as provided for by the preced- 
 ing section; and such supervising inspector may revoke, 
 change, or modify the decision of such local board; and like 
 proceedings may 1)0 had by any master or owner of an}^ 
 steam-vessel in ndation to the inspection of such vessel, or 
 her boilers or machinery, by aii}^ such local board; and in 
 
 « Sections 829 and 848, R. S., relate to marshal and witness fees. 
 & As amended by act June 19, 1886, and act of Ai)ril 4, 18S8. (See 
 page 145. ) 
 
STEAMBOAT-INSPECTION SEKVICE 133 
 
 caso of repairs, aiul in any invosti.<>iition or inspection, 
 wluMi^ there shall l»e a disaureenient l»i>t\veen the local in- 
 s])eet()rs. the super\ isino- inspector, when so re([ueste(l, 
 shall investigate and decide the case. 
 
 In addition to the animal insi)ection, the local insiiectors uoinspeetion 
 
 ,,, • , .• , •• 1 ami iioticf f(irri'- 
 
 shall examine, at ])rop(>r tnnes. st(>anu'rs arrnmo- andj.aiis. 
 
 departing" to and from theii- rcvspective ports, so often as J"'- ■^■^ '^■''^^■ 
 
 to enable them to detect any neulect to comply with the 
 
 reqnircnients of law, and also any defects or imperfec- _ 
 
 tions hecomino- a])])arent after the inspection aforesaid, 
 
 and tendinii" to riMuler the n;ivi,iiation of the vessels nnsafe; 
 
 and if they shall disco\-er any omission to comply with 
 
 the law, or that repairs have become necessary to make 
 
 the vessel safe, the inspector shall at once notify the 
 
 master, in writin<«\ statinu" in the notice what is recpiired: 
 
 and if the master deems the reciuirements unreasonable or 
 
 unnecessary, he may apply for a reexamination of the case 
 
 to the supervisino- inspector, as provided in the preced- 
 
 iny- section. All inspections and orders for repairs shall 
 
 I»e promptly made l)y the inspectors, and, when it can lie 
 
 safely done in their judgment, they shall permit repairs to 
 
 be made where those interested can most conveuientlv 
 
 do them. 
 
 If any master or owner of any steamer shall refuse or Failure to make 
 neglect to comply "svith the requirements of the local in- k.s.]ij,5!,. 
 spectors, made in pursuance of the preceding- section, and 
 shall, contrary thereto and while the same remains unre- 
 versed by the supervising inspector, employ the vessel by 
 navigating her, the master and owner shall be liable to a 
 penalty of five hundred dollars for each otJ'ense, one-half 
 for the use of the informer; for which sum the vessel 
 itself shall be liable, and may be seized and proceeded 
 against by libel in any district court having- jurisdiction; 
 and the master and owner, and the vessel itself, shall, in 
 addition thereto, be liable for any damage to passengers 
 and their baggage which shall occur from any defects as 
 stated in the notice prescribed by the preceding section." 
 
 Th(^ inspectors of one district shall not modify or annul ^pf^^^r's official 
 the doings of the inspectors of another district in regard aej; ^ 
 to repairs, unless there is a change in the state of things, 
 demanding more repairs than were thought necessary 
 when the order was made. Nor shall the inspectors of 
 one district license a person coming from another district, 
 if snch person has been rejected for unfitness or want of 
 qualitications. 
 
 The local boards of inspectors, when so requested in inspooti( 
 writing bv any master of |orJ owner, shall, under the ins inspictors. 
 direction of the supervising inspector, inspect steamers -'^'- ■^•' ''''^•'"'• 
 in other collection-districts where no such board is estab- 
 lished; and if a certificate^ of approval is not granted, no 
 other inspection shall be made b}' the same or any other 
 
 « See section 5344, page 144. 
 
 ions in 
 )t hav- 
 
184 STEAMBOAT-INSPECTION SERVICE 
 
 board until the objections made by such local board and 
 unreversed l)y the supcrvisino- inspector of the district, are 
 removed. Nothino- in this section shall impair the right 
 of the inspectors to permit such vessel to go to another 
 port for repairs, if in their opinion it can bo done with 
 safety. 
 Recordsandre- The local inspectors shall keep a record of certiticates 
 
 spMtors.'"''*'"^ "f inspection of vessels, their boilers, engines, and ma- 
 il'. >.,/,i5r. chinery, and of all their acts in their examination and 
 inspection of steamers, whether of appi'oval or disap- 
 proval; and when a certificate of approval is recorded, the 
 original shall be delivered to the collector or other chief 
 officer of the customs of the district. They shall also keep 
 a like record of certiticates authorizing gunpowder to be 
 carried as freight by any steamer carrying passengers, 
 and of all licenses granted to masters, mates, pilots, and 
 engineers, and of all refusals of the same, of all suspen- 
 sions and revocations of license, of all refusals, suspensions, 
 or revocations of which they shall receive notices from 
 other districts; and shall report to the supervising in- 
 spector of their respective districts, in writing, their 
 decisions in cases of refusal of licenses, or of the suspen- 
 sion or revocation thereof, and all testimony received by 
 them in such proceedings. They shall also report promptl}" 
 to such supervising inspector all violations of the steam- 
 boat-laws that come to their knowledge. They shall also 
 keep an accurate account of every steamer boarded by them 
 during the 3'ear, and of all their official acts and doings, 
 which, in the form of a report, they shall communicate to 
 the supervising inspector of the district, at such times as 
 the board of supervising inspectors, by their established 
 rules, shall direct. 
 Bonds of in- Evcry supervising and local inspector of steamboats 
 
 ^^M^s^%/,59 s^hall execute a proper bond, to be approved ))y the Secre- 
 tary of Commerce and Labor, in such form and upon such 
 conditions as the Secretar^^ may prescribe, for the faith- 
 ful performance of the duties of his office, and the payment 
 in the manner provided by law of all moneys that may be 
 received l)y him. 
 Instruments, The Secretary of Commerce and Labor shall procure 
 
 "i'ng^,'eu\,?oV''iocai f ^ tlic scvcral Supervising inspectors and local boards of 
 
 ijo^rd^'^- ' inspectors such instruments, stationer}^ printing, and other 
 
 things necessary for the use of their respective offices as 
 may be required therefor. 
 Payment o f The salaHcs of the supervising inspector-general, of all 
 
 pe'ns"a.^ *^"*^' '^^' Supervising inspectors, local inspectors, assistant inspect- 
 jiinew'^mc ^^'^-i ^"*^ clerks, provided for by this Title, together with 
 {21, Slat., 7!).) their traveling and other expenses when on official duty, 
 fiskiat^m.) 'ii^c^ fill instruments, books, blanks, stationery, furniture, 
 and other things necessary to carry into etiect the pro- 
 visions of this Title, shall be paid for, under the direction 
 of the Secretar}' of Conmierce and Lalior, [from any 
 money in the Treasury not otherwise appropriated]. 
 
STEAMBOAT- INSPECTION SERVICE 185 
 
 Tlio Soerotaiy of Coinnunve and Labor shall make such i^^"''/!);'""' 
 ro*»'iilatioiis as iiiav 1)0 nocossarv to secure the proper exe- 
 cution of this Title. 
 
 No steamer carrying- passeno-ers shall depart from fi^y ,,^[.\lj'''\'[^j,,^'^yj,{l 
 port uidess sIk^ shall ha\ e in her service a full complement Ki'-^tV^'^niers. 
 
 of licensed oHii-ei's and full crew, sulHcient at all times to ' "" 
 
 nianan'c the vessel, includino- the proper number of watch- 
 men. But if any such vessel, on her voyao-e, is deprivo^d 
 of the services of any licensed otKcer, without tiie consent, 
 fault, or collusion of the master, owner, or any person 
 interested in the vessel, the deticiency nuxy be temporarily 
 ■>upi)lied. until others licensed can be obtained. 
 
 The inspectors shall state in every certificati^ of i»''^ppc-^^^^j;™^'^''^'/,''jj;"|^^: 
 tion liranted to steamers carryiuo- passengers, other than 'ii)i['- , 
 ferry-ltoats, the number of passeno-ers of each class that '••'""• 
 any such steamer has accommodations for, and can carry 
 with ])rudence and safety. 
 
 It shall not be lawful to take on board of any steamer a I'cnaUy for 
 
 1 1' ii • j^ i 1 • j^i . . (• ar r y 1 u g too 
 
 g^reater number or passengers than is stated in the certin- great a number 
 cate of inspection; and for every violation of this provision "^ JP^'^s.^'yio^^' 
 the master or owner shall be liable, to any person suing for 
 the same, to forfeit the amount of passage-money and ten 
 dollars for each passenger bevond the number allowed. 
 
 If anv passenger-steamer engages lu excursions, the , ^I'^'f'^^i i>"iiit 
 
 * 1 , ,, .'^ 1 • 1 • 1. • for excursions. 
 
 nisjMH'tors shall issue to such steamer a special permit, m n. s., !,',im. 
 writing, for the occasion, in which shall be stated the 
 additional number of passengers that may be carried, and 
 the number and kind of life-saving appliances that shall 
 be provided for the safety of such additional passengers; 
 and they shall also. in their discretion, limit the route and 
 distance for such excursions.' 
 
 The master of every passenger-steamer shall keep a g^^^**^ "^^ p*®*'^°' 
 correct list of all the passengers received and delivered i. .v., we;, 
 from day to day, noting the places where received and 
 where landed, which record shaN. lie open to the inspec- 
 tion of the inspectors and otHcers of the customs at all 
 times; and the aggregate number of passengers shall be 
 furnished to inspectors as often as called for; but on 
 routes not exceeding one hundred miles, the number of 
 passengers, if kept, shall lie sufficient. 
 
 P^very master of any passenger-steamer wdio fails, through f.^n,'^r,V\\| \eep 
 negligence or design, to keep a list of passengers, as re- i>'>^senger list, 
 (juired ])y the preceding section, shall be liable to a penalty 
 of one hundred dollars. 
 
 The penalties imposed by sections forty-four hundred and ,J,^,^'^/jj*J'^''^' °^ 
 sixty-tive and forty-four hundred and sixty-eight shall be 'V n., 'i,'m. 
 a lien upon the vessel in each case; but a bond may, as 
 provided in other cases, be given to secure the satisfaction 
 of the judgment. 
 
 E\ery steamer carrying pass(Migers or freight shall lH\igai''4t't'ire!'°"^ 
 provided with suitable pip(^s and valves attached to the K.s.,i.i.7b. 
 boiler, to convey steam into the hold and the ditlerent com- 
 partments thereof, to extinguisli tii'(>; and every stove used 
 on board of any such vessel shall be well and securely 
 
136 STEAMBOAT-INSPECTION. SERVICE 
 
 fastened, so as to prevent it tj'om lieinc^ moved or over- 
 thrown, and all wood-work or other ionital)h^. substances 
 about the boilers, chimneys, cook-houses, and stovepipes 
 exposed to igiution, shall be thoroughly shielded by some 
 inconibusti]>le material, in such a manner as to leave the 
 air to circulate freely between such material and wood- 
 work or other i^nitable su])stance; and before granting- a 
 ccrtilicate of inspection, the inspector shall require all 
 other necessar^^ provisions to be made throughout such 
 vessel to g'uard against loss or danger from tire. 
 Fire pumps ICvcry stcamcr permitted by her certificate of inspec- 
 "^"jj |i°7;„j tion to carry as many as fifty passengers, or upward, and 
 every steamer carrying passengers, which also carries cot- 
 ton, hay, or hemp, shall be provided with a good double- 
 acting- steam fire-pump, or other equivalent apparatus for 
 throwing water. Such piuiip or other apparatus for throw- 
 ing- water shall be kept at all times and at all seasons of 
 the 3^ear in good order and ready for immediate use, hav- 
 ing at least two pipes of suita])le dimensions, one on each 
 side of the vessel, to conve}^ the water to the upper decks, 
 to which pipes there shall be attached, by means of stop- 
 cocks or valves, both betw^een decks and on the upper 
 deck, good and suitable hose of sufficient strength to sttmd 
 a pressure of not less than one hundred pounds to the 
 square inch, long enough to reach to all parts of the vessel 
 and properly provided w ith nozzles, and kept in g'ood or- 
 der and ready for immediate service. Every steamer ex- 
 ceeding- two hundred tons burden and carrying- passengers 
 shall be provided with two good double-acting fire-pumps, 
 to be worked )>y hand ; each chamber of such pumps, except 
 pumps upon steamers in service on the twenty-eighth day 
 of February, eighteen hundred and seventj^-one, shall be 
 of sufficient capacity to contain not less than one hundred 
 cul)ic inches of water; and such pumps shall be placed in 
 the most suitable parts of the vessel for efficient service, 
 having suital)le w^ell-fitted hose to each pump, of at least 
 one-half the vessel in length, kept at all times in perfect 
 order, and shipped up and ready for inimediate use. On 
 every steamer not exceeding two hundred tons, one of such 
 pumps may be dispensT^d with. Each fire-pump thus pre- 
 scribed shall be supplied wMth water by means of a suitable 
 pipe connected therewith, and passing through the side of 
 the vessel so low as to be at all times under water when 
 she is afloat; and no fire pump thus provided for shall be 
 placed ])elow the lower deck of the vessel. Every steamer 
 shall also be provided with a pump which shall be of suffi- 
 cient strength and suitably arranged to test the boilers 
 thereof. 
 tiJies"^norto 'be "^^^ loosc lia}^, loose cottou, or loosc hemp, camphene, 
 farrit'd on pas iiitro-glycerine, naphtha, benzine, benzole, coal-oil, crude 
 ^^^k.^J^mtT'^^^' or refined petroleum, or other like explosive burning 
 
 «See sections 4278-4280 and 5353-5355, pages 143, 144, 145. 
 
STEAMBOAT-INSPECTION SERVICE 137 
 
 Muids, or likt> daiij^'erous articlos, shall be carried as irei<ilit 
 or used sis stores on any steamer carrying- ])assen«>ers; 
 nor shall haled cotton or hemp be carried on such steamers 
 iiidess the l)ales are compactly pressed and thoroiiohly 
 covered with l)a<i\i>'ino- of similar fai)ric, and secured with 
 oood I'ope or iron l)ands; noi' shall ounpowdcr j)e carried 
 on any such vessel, except under s|)(>cial license; nor shall 
 oil of vitriol, nitric or other chemical acids be carried 
 on such steamers except on the decks or *>uards thereof, 
 or in such other safe part of the vessel as shall be 
 prescribed by the inspectors. Ketined petroleum, which 
 will not io-nite at a temperature less than one hundred and 
 ten de^irees of Fahrenheit thermometer, may be carried on 
 board such stt^amers upon routes Avhei'e there is no other 
 practicabl(> mode of transportino' it, and under such regu- 
 lations as shall be i)rescribed by thc^ board of supei'visini^ 
 inspectors with the approval of the Secretary of ( 'ouuneice 
 and I^abor; and oil or spirits of turpeiitine may becari'i(^d 
 on such steamers when put up in good metallic vessels, or 
 casks or barrels well and securely bound with iron j.nd 
 stowed in a secure part of the vessel; and friction-matches 
 may be carried on such steamers when securely packed in 
 strong' tight chests or boxes, the covers of which shall be 
 well secured by locks, screws, or other reliable fastenings, 
 and stowed in a safe part of the vessel at a secure distance 
 from any hre or heat. All such other provisions shall be 
 made on every steamer carrying passengers or freight, to 
 guard against and extinguish tire, as shall l)e prescribed 
 by the board of supervising inspectors, and approved b\' 
 the SiH-retarv of Conmierce and Lal)or. 
 
 Nothing in the foreg-oing or following sections of , Automobiles, 
 
 ,1 . .111 1 M -i J.1 i. i. i.' 1 i 1 transportation 
 
 this act shall prohibit the transportation by steam vessels of. 
 of gasoline or any of the products of petroleum when car- fsi'sM.^fyli.) 
 ried l)y motor vehicles (commonly known as automobiles) 
 using the same as a source of motive power: Pror'ided., 
 Jiinrm i\ That all tire, if any, in such vehicles or automo- 
 biles ])e extinguished before entering the said vessel, and 
 that the same be not relighted until after said vehicle shall 
 have left the same: Provided furtJie7\ That any owner, 
 master, agent, or other person having charge of passenger 
 steam vessels shall have the right to refuse to transport 
 automobile vehicles the tanks of Avhich contain gasoline, 
 naphtha, or other dangerous ])urning fluids. , 
 
 Every bale of cotton or hemp that shall be shipped or Penalty fomn- 
 carried on any passenger-steamer, without conforming to|^,^^^",!l-^,t,,'i,"yr 
 the provisions of the preceding section, shall be sul>ject to'^e^P; 
 
 a i)enalty of five dollars, and shall ])e liable to seizure and ' " ' 
 
 sale to secure the payment of such penalty. 
 
 The Secretary of Commerce and Lal)or may grant per- of^pe'troU'un/Tn 
 mission to the ow^ner of any steam-vessel, to use any thevrodiutionof 
 invention or process for the utilization of petroleum or "^j]"^!;,^),'"^^''^' 
 other mineral oils or substances in the production of 
 
138 
 
 STEAMBOAT-INSPECTIOISr SERVICE 
 
 Petroleum a: 
 fuel. 
 
 Oct. Ifi. ISSS. 
 {25 Stat., 561,.) 
 
 Violiition 
 regulations. 
 
 Mode of pack- 
 ing dangerous 
 articles. 
 
 R. S.,l./,7->. 
 
 Punish 111 e n t 
 for unlawfully 
 shipping dan.i^er- 
 ous articles. 
 
 a. .s'., M7(J. 
 
 Watulimen on 
 passenger steam- 
 ers. 
 
 £. S., hUll. 
 
 motive-power, and may make and enforce regulations eon- 
 cerning the application and use of the same for such pur- 
 pose. But no such permission shall be granted, unless 
 upon the certiticate of the supervising- inspector of steam- 
 lioats for the district wherein such vessel is registered, 
 and other satisfactory proof that the use of the same is safe 
 and efficient; and upon such proof, and the approval of 
 such certiticate l^y the Secretaiy of Commerce and I.;ahor, 
 a special license for the use of such process or inven- 
 tion shall issue under the seal of the Department of Com- 
 merce and Labor. 
 
 Pfovided^ hovievei\ That the Secretary of Commerce 
 and Labor may permit the use of petroleum as fuel on 
 steamers not carrying passengers, without the certiticate 
 of the Supervising Inspector of the district where the 
 vessel is to be used, subject to such conditions and safe- 
 guards as the Secretary of Commerce and Labor in his 
 judgment shall provide. 
 
 For a violation of any of the conditions imposed by the- 
 Secretary of Commerce and Labor a penalty of five hun- 
 dred dollars shall l)e imposed, which penalty shall be a 
 lien upon the vessel, but a ])ond may, as provided in other 
 cases, 1)6 given to secure the satisfaction of the judgment. 
 
 All gunpowder, nitro-glycerine, camphene, naphtha, 
 benzine, l)pnzole, coal-oil, crude or refined petroleum, oil 
 of vitriol, nitric or other chemical acids, oil or spirits of 
 turpentine, friction-matches, and all other articles of like 
 character, when packed or put up for shipment, shall be 
 securely packed and put up separately from each other 
 and from all other articles; and the package, box, cask, or 
 other vessel containing the same shall be distinctly marked 
 on the outside, with the name or description of the article 
 contained therein. 
 
 "Every person who packs or puts up, or causes to be 
 packed or put up for shipment, any gunpowder, nitro- 
 gh'cerine, camphene, naphtha, benzine, benzole, coal-oil, 
 crude or refined petroleum, oil of vitriol, nitric or other 
 chemical acids, oil or spirits of turpentine, friction-matches, 
 or other articles of like character otherwise than as directed 
 l)y the preceding section, or wdio knowingly ships or attempts 
 to ship the same, or delivers the same to any such vessels 
 as stores, unless duly packed and mark( d, shall be deemed 
 guilty of a misdemeanor, and punished by fine not exceed- 
 ing two thousand dollars, or imprisonment not exceeding 
 eighteen months, or both; one-half of the fine to go to 
 the informer, and the articles to be lial)le to seizure and 
 forfeiture. 
 
 Every steamer carrying passengers during the nighttime 
 shall keep a suitable number of watchmen in the cabins, and 
 on each deck, to guard against fire or other dangers, and to 
 p'ive alarm in case of accident or disaster. 
 
 « See note to section 4472, page 136. 
 
STEAM HO AT-INSPECTION SERVICE 139 
 
 For any noo-loet to k(>e|) the watclinioii rocjuiivd hy tlio f^,!,';,'^\\'^}^',',.[.'Jj^, 
 ])iv('0cliiiy section, the license of the ollicer in charge of \v»i<iimiii. 
 
 the vessel for tlie time beino- shall be revoked; and every ' ""^' 
 
 owner of such vessel who neti'lects or refuses to furnish the 
 number of men necessary to keep watch as reciuired shall 
 h(^ tininl on(^ thousand dollars. 
 
 The board of supervisino- inspectors may require steamers ,„'[^^,'^.rs''''' ''"' 
 carrviny' either passeng-ers or freight to b(> provided with j;.s.,U7ii. 
 such number and kind of good and ethcient poitable lire- 
 extinguishers as, in the judgment of the board, may be 
 necessary to protect them from lire when such steamers 
 are moored or lying at a wharf without steam to work the 
 pumps. 
 
 Every steamer carrying passengers shall be pi'ovided ^^,J)^,j^';',^^^,[j/J,fg^ 
 with wire tillcr-ro])(>s, or iron rods or chains, for the>tc., for passen- 
 ])urpose ot steering and na\'igatnig tlie vessel, and shall jts.,/,/,su. 
 enii)loy wire bell-pulls ft)r signalizing the engineer from 
 the pilot-house, together with tulies of proper size so 
 arranged as to return the sound of the engine-bells to the 
 pilot-house, or other arrangement to repeat back the sig- 
 nal. But on any such vessel navigated Iw the mariner's 
 compass, so much of such wire rope or chain maj' l)e dis- 
 pensed with and disused as shall influence or disturb the 
 working of the compass. 
 
 Every steam-vessel navigating rivers only, except ^.t^^^^jj^lfj'''" "^^'^ 
 ferry-boats, freight-boats, canal-l)oats, and towing-boats, a'- •'^•, /^w. 
 of less than tifty tons, shall have at least one good 
 substantial boat witli lines attached, and proper!}^ supplied 
 with oars, and kept in good condition at all times, and 
 ready for immediate use; and in addition thereto, every 
 such vessel carrying passengers shall have one or more 
 metallic life-boats, tire-proof, and in all respects good and 
 substantial boats, of such dimensions and arrangements 
 as the board of supervising inspectors l)y their regulations 
 shall prescribe, which boats shall be carried in the most 
 convenient manner to be brought into immediate use in 
 case of accident. But where the character of the naviga- 
 tion is such that, in the opinion of the supervising in- 
 spector, the metallic life-boats can l)e dispensed with, he 
 may exempt any such vessel from carrying the same; or 
 may require a su])stituto therefor, at his discretion. 
 
 Everv such steam-vessel carrving i)assengers shall also r,i''Hv','Jr''^^'i2Mr 
 be provided With a good life-preserver, made of suitable ors carrying pas- 
 niaterial, for every cabin passenger for which she will have ^'^a\ x!'ma\'. 
 accommodation, and also a good life-preserver or float 
 for each deck or other class passenger which the inspector's 
 certiticate shall allow her to carry, including the officers 
 and crew; which life-preservers or floats shall be kept in 
 convenient and accessil>le places on such vessel in readiness 
 for immediate use in case of accident. 
 
 Every such steam-v(>ssel carrying ])assengers, of two liun- ^Jjj'' J^!^''^^^|:^^ 
 dred tons burden or less, shall also keep at least eighteen river steamers 
 fire-buckets and two water-barrels, and shall have not lessg""-!'"^ ^''*'^^°' 
 than four axes; und everv such steamer of over tw(^ huu- -^-^'-ws^- 
 
140 STEAMBOAT-INSPECTION SERVICE 
 
 dred tons, and not less than five hundred tons liurden, shall 
 cai'iy not less than twcnt3'-fouv ])uckets, four water-bar- 
 rels, and six axes; and every such steamer of over five 
 Imndred tons shall carry not less than thirty-five buckets, 
 six water-l)arrels, and eig-ht axes. The buckets and bar- 
 rels shall 1)0 kept in convenient places and filled with 
 water, to be in readiness in case of fire, and the axes shall 
 1)6 kept in good order and read}- for innnediate use. 
 Tanks of suitable dimensions and arrangement, or buckets 
 in sufiicient number, may be substituted for l)arrels. 
 stairways and Every such stcam-vessel carrying* passengers on the 
 fiveV^sToamtM" main-deck shall be provided with permanent stairwa3's 
 Kers^"on'^''niain'^"^^ ^^^^^^^' sufiicicnt uicaus, Convenient to the passengers, 
 dec'k. for their escape to the upper deck, in case of the vessel 
 
 £. s., /,/A'.. sinking- or of other accident endangering- life; and in the 
 stowage of freight upon such deck, where passengers are 
 carried, g'angways or passages, sufficiently large to allow 
 persons to pass freely through them, shall be left open 
 both fore and aft of the vessel, and also to and along the 
 guards on each side. 
 tion'^ofdV'k^'uV '^^^^ Captain or mate of every such steam-vessel carry- 
 sengers. ing passcngcrs upon the main-deck shall assign to all deck 
 
 A', .s., /,!,so. passengers, when taking- passage, the space on deck they 
 may occup}" during the voyage, and such space shall not 
 thereafter be occupied by freight, nor overcrowded by 
 other persons, nor shall freight be stowed about the 
 boilers or machinery, in such a manner as to obstruct or 
 prevent the engineer from readily attending to his duties. 
 provfdlnK moner ^^^" ^^erv violation of the provisions of the two preced- 
 aecominoda- ing sectious the owucrs of the vessel shall be punished 
 ^^^jT's., !,/,sr,. by a fine of three hundred dollars. 
 
 to^be^VnX'ired ^'^ ^"-^^ stcamcrs navigating rivers only, when, from 
 when navigation darkness, fog, or other cause, the pilot or [onj watch 
 '^i"''l)!!'/,'/„sr. shall be of opinion that the navigation is unsafe, or. 
 from accident to or derangement of the machinery of 
 the boat, the chief engineer shall be of the opinion that 
 the further navigation of the vessel is unsafe, the vessel 
 shall be brought to anchor, or moored as soon as it can 
 prudently be clone: Provided., That if the person in com- 
 mand shall, after being so admonished by either of such 
 ofticers, elect to pursue such voyage, he may do the same; 
 but in such case both he and the owners of such steamer 
 shall be answerable for all damages which shall arise to 
 the person of any passenger, or his l)aggage, from such 
 causes in so pursuing the voj'age, and no degree of care 
 or diligence shall in such case be held to justify or excuse 
 the person in command, or the owners. 
 oi^'!»'e"'n'*f k" Every steamer navigating the ocean, or any lake, bay, 
 andsound'steam- or souud of the United States, shall ])e provided with such 
 1?. .s'., //,.s.s\ numbers of life-t)oats, fioats, rafts, life-preservers, [line- 
 fls'sfa/^ioi'' ■) *^'^^"^"-^'"^S projectiles, and the means of propelling them] 
 and drags, as will l)est secure the safety of all persons 
 on board such vessel in case of disaster; and every sea- 
 
 ers 
 
STEAMBOAT-INSPECTION SERVICE 141 
 
 <roinof vessel carry inm- ])ass<'no'ers, and every sudi vessel 
 
 navi<:fatiii«^ any of tlie northern or northwestern hikes, 
 
 sliall liave the life-boats reciuired by hiw, provided with 
 
 suitabk^ lumt-disenoaj^-inii- apparatus, so arraiiovd as to 
 
 allow such boats to be safely launehed wliil(> such vessels 
 
 aix' under speed or otherwise, and so as to allow such dis- 
 
 enuaiiinii-apitaratus to be operated by one person, disen- 
 
 iiaujno- both ends of the boat sinudtaneously from the 
 
 taekles by which it may be lowered to the water. And 
 
 the board of supervising' inspectors shall fix and determine, 
 
 by their rules and regulations, the kind of life-boats, 
 
 floats, i-afts, life-preservers, [line-carrvin*;- projectiles, and 3fai: -2. isso. 
 
 the means of propellino- them] « and' draos that shall be (^'^ •'>'«<-. ^w„'.) 
 
 useil on sucii vessels, and also the kind and capacity of 
 
 pumps or othei- appliances fc>r f reeino- the steamer from 
 
 water in case of htnivy leakao'c, the capacity of such pumps 
 
 or appliances bi'ini^- suited to the navig-ation in which the 
 
 steamer is employed. 
 
 The owner of any such steamer who neglects or refuses Penalty for 
 to provide such life-boats, floats, rafts, life-preservers, ii\yi,oats!'e'tc.' '^ 
 [line-carryiuo- projectiles, and the means of propelling- ^/^^:';'''jggg 
 tiieni]" drags, pumps, or appliances, as are, under the I25 siat., 1012.) 
 provisions of the preceding section, required by the 
 board of supervising inspectors, and approved by the 
 Secretary of Commerce and Labor, shall be fined one 
 thousand dollars. 
 
 Everv sea-yoino- steamer, and everv steamer navigating, Wiitcr-tigiit 
 the great northern or northwestern lakes, carrving pas- lake steamers 
 sengers, the Inulding of which shall be completed after ^^i;:^:""^^ p'^'^*^''" 
 the twenty-eighth day of August, eighteen hundred and n-s., im. 
 seventy-one, shall have not less than three water-tight 
 cruss-bulk-heads, such l)ulk-heads to reach to the main- 
 deck in single-decked vessels, otherwise to the deck next 
 below the main-deck; to be made of iron plates, sustained 
 upon suitable frame- work; and to be properly secured to 
 the hull of the vessel. The position of sucli bulk-heads 
 and the strength of material of which the same shall be 
 constructed shall be determined 1)}^ the general rules of 
 the board of supervising inspectors. 
 
 Steam-vessels of one hundred tons burden or under, flf'tia/^^flg ) 
 engaged in the coastwise bays and harbors of the United see. 3. 
 States, may be licensed by the United States local inspect- 
 ors of steam-vessels to carry passengers or excursions 
 on the ocean or upon the Great Lakes of the North or 
 Northwest, not exceeding fifteen miles from the mouth of 
 such bays or harbors, without being re(iuired to have 
 the three water-tight cross-bulkheads provided l)v section 
 forty-four hundred and ninety of the Revised Statutes for 
 other passenger steamers: P/rnrkJed, That in the judgment 
 
 "Act repealinjr use of, on lakes, jsays, and socxds, a[ii)roved April 
 11,1892. (27 Stat., 16.) 
 
142 STEAMBOAT-INSPECTION SEKVICE 
 
 of tho local inspector such stoaniei's shall be safe and 
 suitable for such navioatiou without danger to human life, 
 and that they shall have one water-tight collision bulkhead 
 not less than hve feet a])aft the stem of said steamer. 
 ments fir iecuri- ^^ kind of instrument, machine, or equipment, for the 
 tyof lifo. better security of life, provided for l)y this Title shall be 
 
 used on any steam-vessel which shall not tirst be approved 
 by the board of supervising- inspectors, and also by the 
 Secretary of Commerce and Labor. 
 ingpSslngers? Evcrv barge carrying- passengers, while in tow of any 
 B.s.,t,u'j2. steamer, shall ])e subject to the provisions of this Title 
 relating to hre-))uckets, axes, life-preservers, and yawls, to 
 such extent as shall be prescribed by the board of super- 
 vising* inspectors; and for any violation of this section 
 the penalty shall be two hundred dollars, recoverable one- 
 half for the use of the informer. 
 Liability of "Whenever damage is sustained by any passenger or 
 
 master and own- 1 • i /• i • n " 1 1 •' • i.i 
 
 ers for damagL's his oag"gage, froui cxplosiou, hrc, collision, or other 
 to^jassengers. causc, the master and the owner of such vessel, or either 
 of them, and the vessel shall be liable to each and every 
 person so injured, to the full amount of damage if it 
 happens through any neglect or failure to comply with 
 the provisions of this Title, or through known defects or 
 imperfections of the steaming-apparatus or of the hull; 
 and any person sustaining loss or injury through the care- 
 lessness, negligence, or willful misconduct of any master, 
 mate, engineer, or pilot, or his neglect or refusal to obey 
 the laws governing- the navigation of such steamers, may 
 sue such master, mate, engineer, or pilot, and recover 
 damages for any such injury caused by any such master, 
 mate, engineer, or pilot. 
 .Two copies of Every master or commander of any steam-vessel carry- 
 
 ttiis rule to be . -^ i n i i i •;• i i i i i 
 
 kept on each pas- ing" passengci's Shall keep on board or such vessel at least 
 ^^jB^!'5-.fw™'''^' two copies of the provisions of this Title, to be furnished 
 to him by the Secretary of Commerce and Labor; and if 
 the master or commander neglects or refuses to do so, or 
 shall unreasonably refuse to exhibit a copy of the same to 
 any passenger who asks for it, he shall be liable to a penalty 
 of twenty dollars. 
 ei^bf bo^exhib" EvGiy stcam-vessel of the United States, in addition to 
 ited. ' having her name painted on her stern, shall have the same 
 R. s., hh<ro. conspicuously placed in distinct, plain letters, of not less 
 than six inches in length, on each outer side of the pilot- 
 house, if it has such, and in case the vessel has side wheels, 
 also on the outer side ot each wheel-house; and if any such 
 steamboat be found without having her name placed as 
 required, she shall ))e subject to the same penalty and 
 forfeiture as provided by law in tho case of a vessel of the 
 United States found without having her name. and the name 
 of the port to which she belongs, painted on her stern. 
 Duties of ens- }^\\ collcctors, or Other chief officers of the customs, and 
 
 toms omcers. ,, . -ji • i i -i- • in i- i 
 
 R. s., W6. all inspectors within the several districts, shall enforce the 
 
 « See section 5344, page 144. 
 
STEAMBOAT-lNslhsyTlON SERVICE 143 
 
 provisions of this Tith' iiii;iiiis( all stcjuTrorsTiiTix iiiL^- and 
 departing-. 
 
 Every collector, or other chief oilicer of the cnstoiiis, oi- i'< n.iuy for 
 inspector, who ne«j;-liuently or intentionally omits any duty in'^'^.usUM'Ms'un^ 
 under the preceding .section, shall be liable to removal"'']) ^, ,,,^, 
 
 from otKce, and to a penalty of one hundred dollars for ' " ' 
 
 each oU'ense, to be sued for in an action of debt. 
 
 No licens(\ registei', or enrolluKMit shall b(\ granted, nor iNtfistry. en- 
 ;uiy other ])ai)ers be issued, by any collector or other (diii;f dViiitMi"/,') vossoii 
 otlicer of the customs, to an v vessel propelled in whole I'l'.l ,V'"V'''>'»8 
 or in part by steam, until lie shall ha\e satisfactory evi- a*. ,s., w^i*. 
 deuce that all the provisions of this Title have been fully 
 complied with. 
 
 If any vessel proijelled in whole or in part ])y steam l)e . .i^Haiiy lor 
 navigated without complying with the terms of this 1 itle, j:. >., /,/,.w. • 
 the owner shall ]n\ liaMe to the United States in a penalty 
 of tive hundred dollars for each otfense, one-half for the 
 use of the informer, for which sum the vessel so navigated 
 shall be liable, and may l)e seized and })roceeded against 
 by way of lil)el in any district court of the United States 
 having jurisdiction of the otfense. 
 
 The penalty for the violation of any provision of this I'lnaity in 
 Title, not otherwise specially provided for, shall be a line vkicd "or! '"^*^ 
 of tive hundred dollars, recoverable one-half for the use ^ ■''"'■' -'-^oo. 
 of the informer. 
 
 It shall not be lawful to transport, carry, or convey, ^^'^''^^/iYil^'^yf;.',;";^ 
 ship, deliver on board, or cause to l)e delivered on l)oard, i"^^'<>" pas^nger 
 th(> substance or article known or designated as nitvo-^^ji!s.',/,2TS. 
 glycerine, or glynoin oil, uitroleum or blasting oil, or 
 nitrated oil, or powder mixed with any such oil, or liber 
 saturated with any such article or substance, upon or in 
 any vessel or vehicle used or employed in transporting 
 passengers by land or water between a place in any foreign 
 country and a place within the limits of any State, Terri- 
 tory, or district of the United States, or between a place 
 in one State, Territory, or district of the United States, 
 and a place in any other State', Territor}", or district 
 th(M'eof. 
 
 It shall not be lawful to ship, send, or forward any ^'>\>^}-mg and 
 
 ,., ,. ,, , , J^.. , ' 1 • xi ' miirking nitro- 
 
 (juantitv or the substances or articles named in the pre- glycerine.^ 
 ceding section, or to transport, convey, or carry the ^'- "'•• ''~^^- 
 same by a vessel or vehicle of any description, upon land 
 or water, between a place in a foreign country and a 
 place Avithin the United States, or between a place in one 
 State, Territory, or district of the United States, and a 
 place in any other State, Territory, or district thereof, 
 unless the same shall be securely inclosed, deposited, or 
 packinl in a metallic Acssel surrounded ])y plaster of paris, 
 or other material that will be nonexplosive when saturated 
 with such oil or substance, and separate from all other 
 substances, and the outside of the package containing the 
 same be marked, printed, or labeled in a conspicuous man- 
 ner with theAvords "iSitro-glycerine, dangerous." 
 
144 STEAMBOAT-INSPECTION SERVICE 
 
 "Regulation by q^]^Q ^^^q preceding" seotions shall not be so constrnod as 
 
 states of traftic 1 Qj- j. T -4. T i • <- •<- ^ 
 
 ill nitre -gi veer- to prevent any otate, ierritory, district, city, or town 
 "^1". s., -wso. within the United States from rcg-ulating or from prohib- 
 iting the traffic in or transportation of those su])stances, 
 between persons or places laying or being within their 
 respective territorial limits, or from prohibiting the intro- 
 duction thereof into such limits, for sale, use, or con- 
 sumption therein. 
 Shipping in- Any persou shipping oil of vitriol, unslaked lime, inflam- 
 
 flammable ma- i i * . i ' ,i • i ^ i • 
 
 teriai. nuible nuitclies, or gunpowder, m a vessel taking cargo 
 
 ii.s.,iass. fQY divers persons on freight, without delivering, at the 
 time of shipment, a note in writing, expressing the nature 
 and character of such merchandise, to the master, mate, 
 officer, or person in charge of the lading of the vessel, 
 shall be liable to the United States in a penalty of one 
 thousand dollars. But this section shall not apply to any 
 vessel of aii}^ description whatsoe^'er used in rivers or 
 inland navigation. 
 primes and Evcry captain, engineer, pilot, or other person em- 
 offlcersan(i\m'n- ployed ou any steamboat or vessel, by whose misconduct, 
 boats''^ '^^'^'"'^ negligence, or inattention to his duties on such vessel, the 
 B. s., 5SU. life of any person is destroyed, and every owner, inspector, 
 or other public officer, through whose fraud, connivance, 
 misconduct, or A'iolation of law, the life of any person is 
 destroyed, shall be deemed guilty of manslaughter, and, 
 upon conviction thereof before any circuit court of the 
 United States, shall be sentenced to confinement at hard 
 labor for a period of not more than ten years. 
 Maltreatment Every master or other officer of an American vessel on 
 cers."^^^^ ''' " ' the high seas or on any other waters within the admiralty 
 Mir"/ My?. ^^"^^ maritime jurisdiction of the United States, who, with- 
 ers s<a<.,6yi.) out justifiable cause, beats, wounds, or imprisons any of 
 the crew of such vessel or withholds from them suitable 
 food and nourishment, or infiicts upon them any cruel and 
 unusual punishment, shall be punished by a fine of not 
 more than one thousand dollars, or by imprisonment not 
 more than five years, or l)y both. 
 Unlawful ship- ^'Evcrv pcrsoii wlio kuowiugly transports, or delivers 
 
 ment of explo- ' f i it i 'a " i • ' -j. i 
 
 sives. or causes to be delivered, nitro-gh^cerine, nitroleum or 
 
 It. s., 535.1. blasting-oil, or nitrated oil, or powder mixed with any 
 such oil, or fil)er saturated with any such substance or 
 article, on board any^ vessel or vehicle whatever, employed 
 in conveying passengers l)y land or water between any place 
 in a foreign country and any place within the United States, 
 or l)etween a place in one State, Territory, or district of the 
 United States and a place in any other State, Territory, or 
 district thereof, shall be punished by a fine of- not less than 
 one thousand dollars, nor more than ten thousand dollars; 
 one-half to the use of the informer. 
 Ji. .s'., 5.W/,. * When the death of any person is caused by the explo- 
 
 sion of any quantity of such articles, or either of them, 
 
 «See sections 4472, 5353-5355, pages 136, 144, 145, 
 bSee sections 4278-4280, pages 143, 144. 
 
STEAMHOAT-INSPECTION SERVICE 145 
 
 wliilr the sair.o is Ikmho- ])l:u'e(l in)on iiiiy vessel or vehicle, 
 to he transported in violation of the preceding- section, 
 or while the same is hein^- so transported, ov while 
 the same is being- removed from such vessel or vehicle, 
 every person who knowingly placed or aided, or j)ermitted 
 the placing" of such articles upon such vessel cr vehicle, to 
 be so transpoi"ted, is o-uiJty of manslaughter, and shall 
 suffer imprisomnent for a period not less than two A'ears, 
 
 "Every person who knowingh' ships, sends, or for- u. h., 6355. 
 wards any quantity of the articles mentioned in sec- 
 tion lifty-three hundred and fifty-three, or who transports 
 the same by any mode of conveyance upon land or w^ater, 
 between any of the places specified in that section, unless 
 such articles be securely inclosed, deposited, or packed in 
 a metallic vessel surrounded by plaster of Paris, or other 
 non explosive material when saturated with such oil, and 
 separated from all other substances, and the outside of the 
 package be marked, printed, or la))eled in a conspicuous 
 maimer with the words ''Nitro-glycerixe; dangerous,'' 
 shall be punished by a tine of_ not less than one thousand 
 nor more than live thousand dollars; one-half to the use of 
 the informer. 
 
 Evcrv inspector of steamboats who, upon any pretense, A'/.f^^/,*^."' 
 receives any fee cr reward for his services, except what is 
 allowed to him l)v law, shall forfeit his oflice, and ])e other- 
 wise punished by a tine of not more than live hundred 
 dollars, or l)v imprisonment not more than six months, or 
 by both. 
 
 [For other crimes on the seas see page 2-14.] 
 
 That on and after July tirst, eighteen hundred and certain fees 
 eighty-six, no fees shall be charged or collected bv ^o\'^ 'j,^uehOsse. 
 lectors or other officers of customs, or by inspectors of {-'^ stat.,79.) 
 steam-vessels " * * for the following services to 
 vessels of the United States, to wit: * * * inspecting, 
 examining, and licensing steam-vessels, including inspec- 
 tion -certilicate and copies thereof; and licensing of master, 
 engineer, pilot, or mate of a A^essel; and all provisions of 
 laws authorizing or requiring the collection of fees for 
 such services are repealed, such repeal to take effect 
 July first, eighteen hundred and eighty-six. * * * 
 And the Secretary of Commerce and Labor shall allow 
 and pay, from any money in the Treasury not otherwise 
 appropriated, said officers such compensation for said serv- 
 ices as each would have received prior to the passage of 
 this act; also such compensation to clerks of shipping -1/5/'. ^sss. 
 commissioners, and clerks of steaml)()at inspectors, and ^-"^^^^^■'^•> 
 such allowances for fees of United States marshals and 
 witnesses for services under the steamboat-inspection hnvs, 
 and for expenses of steamboat inspectors provided for by 
 
 a See sections 4472, 4278-4280, pages 136, 143, 144. 
 27628—04 10 
 
146 STEAMBOAT-INSPECTION SEKVICE 
 
 section forty-four hundred and tsixtv-one of the Revised 
 iustai.Ho'!) Statutes. * * * P/Yw/c/r^/, Tliat'such services liave, in 
 
 the opinion of the Secretary of Commerce and Labor, been 
 
 necessarily rendered. "' 
 ironrtequoit Irondcquoit Bay, New York, shall, for the purpose 
 
 Bay, New \ork, .1 -u ' • • £ /-^-i -t^A a. £ li ^i^ 
 
 a navigable wa- oi applying the provisions of title ntty-two of the Ke- 
 ^^ June 25, 1890. visccl Statutes, relating to steam- vessels navigating 
 (26 Stat., 180.) thereon, be declared a navigable water of the United 
 States; and steam- vessels navigated thereon, and carry- 
 ing passengers, shall be inspected under the provisions 
 of section forty-four hundred and twenty-six of the title 
 referred to, and subject to the penalties provided therein 
 for a failure to comply therewith. 
 
 Section forty-one hundred and thirty-one of the Revised 
 
 Statutes of the United States be amended so as to read as 
 
 follows: 
 
 "yes^seis of ''Sec. 4131. Vessels registered pursuant to law and no 
 
 ^u/ ::s,' isml. others, except such as shall be duly qualihed according to 
 
 'icc'^i!^" ''^^'^ law for carr^dng on the coasting or iishing trade, sTiall 
 
 be deemed vessels of the United States, and entitled to the 
 
 benefits and privileges appertaining to such vessels; but 
 
 no such vessel shall enjoy such benefits and privileges 
 
 longer tlian it shall continue to be wholly owned ])y a 
 
 citizen or citizens of the United States or a corporation 
 
 created under the laws of any of the States thereof, and 
 
 be commanded by a citizen of the United States. 
 
 "And all the officers of vessels of the United States who 
 shall have charge of a watch, including pilots, shall in all 
 cases Ije citizens of the United States, 
 flncd!'^'^^'^'^*^ "^^^ *" The word "olficers" shall include the chief engineer 
 and each assistant engineer in charge of a watch on vessi'ls 
 propelled wholly or in part by steam; and after the first 
 da}^ of January, eighteen hundred and ninety-seven, no 
 person shall be qualified to hold a license as a connuander 
 or watch otficer of a merchant \'essel of the United States 
 who is not a native l)orn citizen, or whose naturalization 
 as a citizen shall not have been fully completed." 
 slTT^''' ^' ^^^^ licenses issued to such officers shall be for a term 
 
 of five years, l)ut the holder of a license may have the 
 same renewed for another five years at any time before 
 its expiration: ProrUled, ]iow€vei\ That any otficer hold- 
 ing a license, and who is engaged in a service which 
 necessitates his continuous absence from the United States, 
 may make application in writing for one renewal and 
 transmit the same to the board of local inspectors with 
 a statement of the applicant verified before a consul, or 
 other officer of the United States authorized to administer 
 an oath, setting* forth the reasons for not appearing in 
 person; and upon receiving the same the board of local 
 
 «See also "Fees," page 239. 
 b See section 4450, page 132. 
 
STEAMBOAT-INSPECTION SEUVICE 147 
 
 inspectors that orio-iiuiHy issiuul such Tuhmisc shall renew 
 the same for one additicnial tei'ui of such license, and sludl 
 notify the applicant of such renewal. 
 
 And in all casi>s where the issue is the susjH'iision or 
 revocation of such licenses, whether ix'fore the local 
 hoards of inspectors as provided for in section forty-four 
 hundred and fifty of the l^n'ised Statutes, or ])eforo the 
 supervising inspector as provided for in section forty-four 
 hundred and lifty-two of the lievised Statutes, the accused 
 shall he allowed to appear by counsel and to testify in his 
 own behalf. 
 
 No master, mate, pilot, or eng-iner of steam vessels .i";'it '" time 
 licensed under title tifty-two of the Kevisinl Statutes shall" 
 be liable to draft in time of war, excei)t for (he ])ei-form- 
 ance of duties such as retpiired by his license; and, while 
 performint>' such duties in the service of the United States, 
 every such master, mate, pilot, or engineer shall be 
 entitled to the highest rate of Avages paid in the merchant 
 marine of the United States for similar services; and, if 
 killed or wounded while performing such duties under the 
 United States, they, or their heirs, or their legal rei)re- 
 sentatives shall l)e entitled to all the privileges accorded 
 to soldiers and sailors serving- in the Army and Navy, 
 under the pension laws of the United States. 
 
 But this shall not be construed to modify or repeal that 
 provision of the Act of June twenty-sixth, eighteen hun- 
 dred and eighty-four, which reads as follows: "Incases 
 where on a foreign voyage, or on a voyage from an Atlantic 
 to a Pacitic port of the United States, any such vessel is 
 for an}' reason deprived of the services of an officer below 
 the grade of master, his place, or a vacancy cairsed l)v the 
 promotion of another officer to such place may be supj)lied 
 by a person not a citizen of the United States until the 
 first return of such vessel to its home port ; and such ves- 
 sel shall not be lial)le to any penalty or penal tax for such 
 employment of an alien officer." ' 
 
 On and after June thirtieth, eighteen hundred and steamboats on 
 ninety-eight, every steamboat of the United States plying lo'Xe''\m'iiciry 
 upon the Mississippi River or its tri])utaries shall furnish ^'ij)?J^p':j''j^,j, 
 an appropriate place for the crew, which shall conform \.;:> stdt.,688.) 
 to the re(|uirements of this section so far as they shall ■^"■~" 
 be applica))le thereto ])y providing sh'cping room in the 
 engine room of the steamboats properU' protected from 
 the cold, winds, and rains by means of suitable awnings 
 01' screens on either side of the guards or sides and for- 
 ward, reaching from the boiler deck to the lower or main 
 deck, under the direction and ai)proval of the Supervising 
 Inspector-General of Steam Vessels, anel shall be i)roperly 
 heated. 
 
 Any failure to comply with this section shall sul)jectthe 
 owner or owners to a penalty of five hundred dollars. 
 
148 STEAMBOAT-INSPECTION SERVICE 
 
 foreV^n^vesseis"^ "^^^ Secretary of Commerce and Labor be, and he is 
 .Sec. n. hereby, authorized to direct the inspection of an}" foreign 
 
 vessel, admitted to American registry, its steam l)oilers, 
 steam pipes, and appurtenances, and to direct the issue of 
 the usual certiticate of inspection, whether said boilers, 
 steam pipes, and apijurtenances are or are not constructed 
 pursuant to the laws of the United States, or whether 
 they are or are not constructed of iron stamped pursuant 
 to said laws. 
 
 The tests in the inspection of such boilers, steam pipes, 
 and appurtenances shall be the same in all respects as to 
 strength and safety as are required in the inspection of 
 boilers constructed in the United States for marine pur 
 poses. 
 
 Ha"v^r^^*'" "' ^^^^® Constitution, and, except as herein otherwise pro- 
 Ai>r.ko, mm. yided, all the laws of the United States which are not 
 {3i^btat.,ni.) iQf.^Wy inapplicable, shall have the same force and eflect 
 
 within the said Territory as elsewhere in the United 
 
 States. 
 
 bwif-^insp^icfimi f^^® Offico of the Steamboat-Inspcction Service is pro- 
 Service. y idcd with a chief clerk, at a salary of $2,0( )<) per annum, and 
 
 ^Appropria '""q^Jj^^. employees. Authority for Supervising Inspector- 
 General is given on page 117.] 
 
CHAPTER XII 
 
 BUREAU OF FISHERIES 
 
 Prior to is" I the lisherics of the United States and the artilieial 
 propatiiition of lisli were given considerable attention l)y certain of the 
 iStates and by various individuals, and in(|uiries along- these lines 
 were also conducted by the Smithsonian Institution. Influenced b}' 
 the action of a meeting- of the connnissionei's of flsheries of New 
 England, held in Boston in ISOO, Congn^ss passed a joint resolution, 
 approved February 9, 1871, which provided for the appointment 
 of a United States Commissioner of Fish and Fisheries, who was to 
 conduct incpiiries and investigations relating to tlie diminution of the 
 food-tish supply, and suggest remedial measures. From this l)eginning 
 has grown up the Bureau of Fisheries. 
 
 The propagation of food fishes was taken up under authority of an 
 act approved June 10, 1872, which was the result of action leading to 
 this end taken by the American Fish-Culturists' Association at a meet- 
 ing held in AUiany, N. Y., February 7, 1872. The early a})piopria- 
 tions for the conduct of the Commission were relatively small, but 
 with the assistance of the several Executive Departments — notably 
 the Treasury, Navy, and War — as authorized in section 3 of th(» joint 
 resolution of Februaiy 0, 1871, the work was steadih' carried on and 
 augmented. 
 
 A study of the methods and statistics of the fisheries was conducted 
 in connection with the more abstract scientific work until ls7l), when 
 a specific appropriation for this purpose was made. Until the fiscal 
 year 1892 the appropriations for the conduct of the work of the 
 Bureau were general in their character, and discretion as to the 
 expenditure was vested in the Commissioner, l)ut in accordance with 
 an act approved August 5 of that year, estimates have since been 
 annually su])niitted to Congress, on which appropriations have been 
 based providing specific sums for expenditure in different branches of 
 the work. 
 
 By an act of Congress appro\ed Februar}' 14:, 1903, the Bureau was 
 made a part of the Department of Commerce and Labor from and 
 after July 1, 19(J3, on which date the old name of Fish Conunission 
 was changed by order of the Secretar}' to Bureau of Fisheries. 
 
 149 
 
150 BUREAU OF FISHERIES 
 
 The Bureau of Fisheries i,s an institution peculiar!}' American in 
 its conception, and with few parallel organizations in other govern- 
 ments. It has achieved a world-wide I'eputation for its enterprise and 
 originality of method, and its work is greatly appreciated in other 
 countries and held upas a striking evidence of the pul)lic spirit, intel- 
 ligence, and liberality of the American nation. Exhil)its have been 
 made at all of the largc^ expositions at home and abroad, and have 
 received many medals and prizes for the excellence and originality of 
 the work. 
 
 The w^ork of the Bureau is along throe lines: 
 
 (1) The S3^stematic investigation of the waters of the United States 
 and the biological and physical problems which they present. This 
 includes not only a stud}- of the life histor}- of fishes of economic 
 value, but the history of the animals and plants upon which they feed 
 or upon which their food is nourished, as well as the currents, tem- 
 peratures, and Other pln^sical phenomena of the waters in wdiich they 
 live, in relation to migration, reproduction, and growth. 
 
 (2) The introduction and nuiltiplication of useful food fishes through- 
 out the country, particularly in the coastal waters and Great Lakes. 
 
 (3) The investigation of the methods of the fisheries, past and pres- 
 ent, and the statistics of production and conmierce of fishery products. 
 This includes a study of methods and apparatus, and a comparison of 
 the same Avith those of other lands, that the use of those which are 
 ol)jectional)le may be discouraged and those which are inefficient be 
 replaced by others more serviceable. 
 
 The Bureau conducts investigations regarding the fur-seal herds of 
 the Pribilof Islands and Bering Sea under the provisions of law of 
 March 3, 1893. 
 
 At two points on the Atlantic coast are well-equipped marine biolog- 
 ical stations. At various points throughout the country are thirty-six 
 fish -cultural establishments. In the distri])ution of the output of fish 
 and eggs five specially constructed railroad cars are used. There are 
 also employed two seagoing steamers and one large seagoing schooner, 
 as well as two smaller steamers for river work, and seven steam 
 launches. One of the steamers is especially equipped and adapted for 
 deep-sea investigations, and the other vessels and boats are used both 
 for scientific work and fish-cultural purposes. 
 
 Commissioners of Fislt. and Fisheries with dates of service. 
 
 Name. 
 
 From — 
 
 Spencer F. Baird 
 
 G. Brown Goode 
 
 Marshall McDonald 
 
 Herbert A. Gill (chief clerk, Acting Commissioner). 
 
 .1 ohn J . Brice 
 
 George M. Bowers 
 
 Mar. 8, 1871 
 Sept. 1,1887 
 Feb. 18,1888 
 Sept. 2,1895 
 Mar. 30,18% 
 Feb. 16,1898 
 
 Aug. 17.1887 
 Feb. 17,1888 
 Sept. 1,1895 
 Mar. 29, 1896 
 Feb. 15,1898 
 
BUREAU OF FISUEKIES 151 
 
 LAW PERTAINING TO THE BUREAU OF FISHERIES 
 
 [As inodiricd liy net of Fol.ruary 1 I, I'.Mi:!.) 
 
 Tlio Buroauof Fishorios and tho OfliciM^f ('oininissionor Transfer to 
 ot r ish iiiul 1^ isluM'ios, iiiul :ul tli:ir ])(Mt;iins to (he suiuc. he, Labor. 
 and thesiiino Iu>ivt>v :iiv. phiced uiid(M'tlie jm-isdiction and {ll''stai,l''sf7\) 
 made a part of tho Department of Connnerce and Labov. ^f- /<• 
 
 Section fonr thousand three Imndred anil ninety-five of commissioner, 
 the Kovisod Statutes of the United States bo, and the same I'lUary.' " "^"^^ ' 
 is herol)V, amiMidod to read as follows: •^','.";.~'^'^*'*f- 
 
 ^ There shall 1)0 appointed by the President, l)y and jl'k'Uk. 
 with tho advice and consent of the Senate, a person of 
 scientiric and practical aciiuaintance with the tish and fish- 
 eries to be a Commissioner of Fish and Fisheries, and he 
 shall receive a salary at the rate of fi\e thousand dollars a 
 year, and he shall be removal)le at the pleasure of the 
 President. Said Commissioner shall not hold any other 
 ortice or employment under the authority of the United 
 States or any State." 
 
 Ihe ( ommissionor of Fish and t isherics shall prosecute pn.ties of com- 
 uivestioations and inquiries on uw subject, with the view ii.s.,/,396. 
 of ascertaining- whether an}^ and what diminution in the 
 number of the food fishes of the coast and lakes of the 
 United States has taken place; and, if so, to what causes 
 the same is due; and also whether any and what protective, 
 prohil)itorv, or precautionary measures should l)e adopted 
 in the premises; and shall report upon the same to Congress. 
 
 The Commissioner of Fish and Fisheries is authorized .soni investiga- 
 and required to investig-ate, under the direction of the ^"uar. s, isys. 
 Secrctaiy of Commerce and Labor, and when so rec{uested ^'^^ *'"^- ^^^-^ 
 report annually to him regarding the conditions of seal life 
 upon the rookeries of the Pribilof Islands; and he is also 
 directed to continue the inquiries relative to the life history 
 and migrations of the fur-seals frequenting the waters of 
 Bering Sea. 
 
 The Commissioner of Fish and Fisheries of the United ^^h™'^" fish- 
 States is empowered and required to examine into the Ap'r.jio.woo. 
 entire subject of fisheries and the laws relating" to the tish- Hi'lt!'' ^^"'^ 
 ing rights in the Territory of Hawaii, and report to the 
 [Secretary of Commerce and Labor] touching the same, 
 and to recommend such changes in said laws as he shall 
 sec tit. 
 
 The heads of the several Fxecutive Departments shall other Depart- 
 cause to be rendered all necessary and practicable aid to ™a" ^-.l waV 
 the commissioner in the prosecution of his investigations 
 and iiKjuiries. 
 
152 BUREAU OF FISHERIES 
 
 Power to take 'J'\^q Commissioner may take or cause to be taken at all 
 ^^^"™r"sijs. times, in the waters of the sea-coast of the United States, 
 where the tide el)l)s and flows, and also in the waters of 
 the lakes, such fish or specimens thei-eof as may in his 
 judgment, from time to time, be needful or proper for the 
 conduct of his duties, any law, custom, or usage of any 
 State to the contrary notwithstanding. 
 
 ^jtetus of ves- rj^Y^Q Secretary of the Navy is hereby directed to place 
 May 31,1880. the vcsscls of tlic Burcau of Fisheries on the same footing 
 {21 Stat, 151.) ^.^j^ ^j^^ ^^^^y Department as those of the Coast and 
 
 Geodetic Survey. 
 
 Deputy Com- -pjjg Commissioner of Fish and Fisheries is hereby 
 Mar. 3, 1SS3. authorized to designate from the employees of the Bureau, 
 {2'2 Stat, 628.) ^^^ assistant, to discharge his duties in ease of his absence 
 or disability: Provided, That no increase of pay shall be 
 granted in consequence of such selection. [A deputy 
 commissioner, at salary of three thousand dollars a year, 
 is provided for in appropriation act, approved March 3, 
 1903.] 
 
 ^Revenue Ma- The Secretary of the Treasury is authorized to detail 
 Mar. s, 188.5. f roui time tTO time for duty under the Commissioner of Fish 
 {23 Stat, iM.) ^j^^j Fisheries, any officers and men of the Revenue Marine 
 Service whose services can be spared for such duty. 
 
 ^stimates.^ The Commissioner of Fish and Fisheries shall embrace 
 
 {27'sidt., 362.) in the estimates of appropriations for the Fish Commis- 
 sion for the flscal year eighteen hundred and ninety-four, 
 and for each year thereafter, estimates for all officers, 
 clerks, and other emplo3^ees whose services are permanent 
 and continuous in their character and deemed to he neces- 
 sary for an efficient and economical execution of the 
 appropriations for the Fish Commission. 
 
 stntomont of 'j'jjp Commissioner of Fish and Fisheries shall submit 
 
 exiH'inlituivs for y->i , ., • 1 j_ •! 1 1. i. i. J.' 
 
 proijaj;ation. to Cougress at its ucxt scssiou a detailed statement ot 
 fuktdt%s.) the expenditures for the fiscal year eighteen hundred and 
 eighty-seven under all appropriations for "propagation of 
 food-fishes" and annually thereafter a detailed statement 
 of expenditures under all appropriations for "propagation 
 of food-fishes" shall be submitted to Congress at the 
 beginning of each session thereof. 
 
 Printing re- [There shall be printed] of the report of the Commis- 
 "^^Jhin. 12, 1895. sioner of Fish and Fisheries eight thousand coi^ies; two 
 ^ec^Ts." '^^'"^ thousand for the Senate, four thousand for the House, and 
 two thousand for distrilnition by the Bureau of Fisheries. 
 ^_ Printing buiie- [There shall be printed] of the bulletins of the Bureau of 
 Fisheries five thousand copies ; one thousand for the Senate, 
 two thousand for the House, and two thousand for distri- 
 bution by the Bureau. 
 
BUREAU OF FISHERIES 158 
 
 Distrihution of dupliciitc spccinions of tho * * *spSem '''" "^ 
 Hiirciiu of Fisliorios may 1>(> miido to colh'o-os. aeadiMiiios, Auf/.j/iss^. 
 and otluM- institutions of learMino'U[)on tlu> payiiuMit l)y tho (-*'<"'•-•«-•) 
 rocii)ients of tho cost of propamtion for transportation 
 and tho ti'ansportation thoroof. [Distrihution is made 
 from National Musoum.] 
 
 [An oxhihit l)y tho Buroau oF Fishorios at tho Louisiana ehasflcxposi-' 
 Purchaso Exposition, and a rojirostMitativo of tho Buroau t'on- 
 on United States Govonuiicut board, are provided for b}- Uisi'a/.',ii},-2.) 
 law. 1 
 
 All nooossary hospital and and)uhiiu'o sorvnce * * * . Hospitni serv- 
 on vessels of the Bureau of Fisheries siiall be performed JiniriT.is^s. 
 by the members of said corps [naval hospital]. (sosi„i.,.ws.) 
 
 Facilities for stud}- and research in tlie (xovornment j,.||^'''^^"^'"''' f'"'''- 
 r)ej>artmonts. * * "" the Bur(>au of Fishorios, and Apr.n.js92. 
 similar institutions hereafter established shall bo attordod Ma^'j^mu^ 
 to sciontitic investigators and to duly (lualitiod individuals, ^-'^ •^'"'- ^"''^•) 
 students and graduates of institutions of learning in the 
 several States and Territories, as well as the District of 
 Columbia, under such rules and restrictions as the heads 
 of the Departments and bureaus mentioned may prescribe. 
 
 [The Bureau of Fisheries is provided with a chief clerk, gj^.e^^""''^ °^ 
 at a salary of $2,400 per annum, and other employees. Appropriation 
 Authority for tho Commissioner of Fish and Fisheries "^^*" 
 and the Deputy Commissioner is given on pages 151, 152.] 
 
CHAPTER Xm 
 BUREAU OF NAVIGATION 
 
 B}^ act of Congress approved Jul}" 5, ISSi, the Bureau of Naviga- 
 tion was established under the supervision of the Secretary of the 
 Treasury, where it remained until July 1, 1903, the date of its trans- 
 fer to the Department of Commerce and Labor l)y act approved Feb- 
 ruary li, 1903 (To establish the Department of Commerce and Labor, 
 sec. 10, see page 30). At the time of the establishment of the Bureau 
 of Navigation, its various fiuictions were exercised by United States 
 circuit courts and by different branches of the Treasury Department, 
 but all these duties are combined under the Commissioner of Naviga- 
 tion who is given plenary jurisdiction over the commercial marine 
 and merchant seamen of the United States, so far as they are not 
 subject, under the laws, to the supervision of any other authoritv. 
 
 The act of July 5, 1S84, specifically allotted to the Bureau the num- 
 bering of vessels and the preparation of the annual list of merchant 
 vessels of the United States from the Bureau of Statistics; the prepa- 
 ration of annual reports of tonnage, the filing of marine documents 
 of vessels, the signing of ships' registers from the Register's office; 
 the supervision of the collection of tonnage tax and the decision of 
 questions relating to merchant marine, fisheries, and seamen, from 
 the Office of the Secretary of the Treasury; the supervision of shipping 
 commissioners' offices and employees, and the shipment and discharge 
 of seamen, from the United States circuit courts, and other matters 
 under the clause giving general jurisdiction to the Commissioner of 
 Navigation ov^er the commercial marine and merchant seamen. 
 
 The consolidation of the business in one bureau checked much 
 duplication of work, l)otli in the Department and in the custom- 
 houses, by utilizing information which before had been reported twice 
 or more, and advantage was taken of the opportunity to abolish or 
 amend man}" forms and blanks. It also gave an oi)portunity to abolish 
 various illegal exactions and practices in shipping offices which had not 
 been brought to the notice of the courts, then exercising executive 
 functions in the matter, and to suggest amendments to the maritime 
 laws, the passage of which has benefited shipping and commerce. 
 154 
 
BUREAU OF NAVICJATION 
 
 155 
 
 Additioiml diitios were iin])(i'<tHl upon tlio Cominissioiicr hy ricasury 
 order ot" .luly 18, 1SS4. which proNidcs that the duties relatiiij^' to navi- 
 u-atioii liitherto assio ucd to the Reo-ister oi the Treasury having; been 
 devolved u[)on liini. he shall sion, as Conimlssioner of Navi<^"ation. the 
 certificates of registry of vessels as authorized and riM|U!red hy section 
 415S of the Kevised Statutes; that he shall cause to he transmitted the 
 HMjuisite sui)i)ly of forms of such instruments to collectors of customs; 
 that he shall treat as valid and still in force all such outstanding- instru- 
 ments as l)ear the signature of the Register of the Treasury ; that he shall 
 supervise the action of shipping conuuissloners as devolved upon the 
 Secretar}^ of the Treasury hy the tenth section of the shipping act 
 appi'oved June 20, 18S4; that with the approval of the Secretary of 
 till' Treasury, he shall regulate the mode of conducting business in 
 their offices, and perform sucli other duties pertaining to the care of 
 seamen as would devolve upon the Secretary of the Treasury ])y virtue 
 of thepi'ovisioris of the said act or Title LIU of the Revised Statutes; 
 that he shall give instructions to collectors of customs in regard to 
 the doi'umenting of vessels and their clearance, entrv, and movements, 
 and the collection of tonnage duties therefrom so far as they may be 
 required bj' the provisions of said shipping act and Titles XXXIV 
 and XLVIII of the Revised Statutes, and that he shall also issue to 
 collectors of customs such instructions in regard to the entry of vessels 
 into ports subject to quarantine, as may l)e required by the public 
 health, and permitted hy Title LVIII, etc., of the Revised Statutes. 
 
 In harmony with the act of Jid}' 5, 1884, the Secretary of the Treasury 
 assigned to the Bureau, June 22, 1887, the consideration of cases arising 
 under the laws relating to fines, penalties, and forfeitures under the 
 marine laws and their remission and mitigation; and to the collection, 
 preservation and sale of wrecked, ahandoned, and derelict propert}^ 
 and also by another order, the con'sideration of questions regarding fees. 
 
 A Treasury order dated December 9, 1899, transferred specifically 
 to the Ihireau of Navigation the work of examining and disposing of 
 petitions for the i-emission of fines, penalties, and forfeitures under 
 laws relating to navigation, vessels, steamboat inspection, and pas- 
 sengers. 
 
 By act of April 30, 1900, the laws administered l)y the Commissioner 
 of Navigation were extended to Hawaii; the same was done in the case 
 of Porto Rico by act of April 12, 1900. 
 
 
 
 Commissioners of 
 
 .Y 
 
 aviijallott 
 
 iriti, 
 
 dales 
 
 of 
 
 service. 
 
 
 
 
 
 
 Name. 
 
 From 
 
 - 
 
 1 
 
 o — 
 
 
 .Iiirvis I'atton 
 
 Jnlv 
 Dec. 
 Nov 
 Mar. 
 Dec. 
 
 2S, 
 3, 
 
 M, 
 H, 
 1, 
 
 18S.1 
 i.ssd 
 l.ss'J 
 1892 
 1893 
 
 Dec. 
 Nov. 
 Mar. 
 Nov. 
 
 13! 
 30,' 
 
 1886 
 
 Clmrl.sK. 
 
 Morton . 
 . Bates.. 
 
 
 
 
 
 
 
 
 
 
 1889 
 
 WiUiiim W 
 
 
 
 
 
 
 
 
 
 
 1892 
 
 E<hv!iril (' 
 
 O'Brien 
 Chamber 
 
 
 
 
 
 
 
 
 
 
 1893 
 
 Eugene T. 
 
 lain .... 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Duties of Com 
 niissioner, regis- 
 
 15G BUREAU OF NAVIGATION 
 
 LAW PERTAINING TO THE BUREATJ OF NAVIGATION 
 
 Part I 
 
 [As modifieil l>y act of February 14, 190:^, see. 10, see page 30.] 
 
 There shall be in the Department of Commerce and La])oi' 
 Creation of Bu-^f the United States a Bureau of Navigation, under the 
 /m/7/5, jssi. immediate charge of a Commissioner of Navigation. 
 (23 Stat, US.) rpj^^ Commissioner of Navigation, under the direction of 
 commissionor, ^\yQ Secretarv of Commerce and Lat)or, shall have general 
 tioii. superintendence of the conmierciai marine and merchant 
 
 ^'^'^' "■ seamen of the United States, so far as vessels and seamen 
 
 are not, under existing laws, subject to the supervision of 
 any other officer of the Government. 
 
 He shall be specially charged with the decision of all 
 questions relating to the issue of registers, enrollments, 
 Ters, etc. ° and licenses of vessels, and to the filing ar.d preserving of 
 those documents; and wherever in title forty-eight [II. S., 
 4131-4305] or fifty [R. S., 4311-1300] of the lievised Stat- 
 utes any of the abo^'e-named documents are re(iuired to be 
 surrendered or returned to the Register of the Treasurv, 
 such requirement is hercl)y repealed, and such documents 
 shall be surrendered and returned to the Conuuissioner of 
 Navigation. Said Commissioner shall have charge of all 
 similar documents now in the keeping of the Register of 
 the Treasury, and shall ptu'form all the duties hitherto 
 devolved upon said Register relating to navigation. 
 The Commissioner of Navigation shall be charged with 
 aiKitonnI|ftlxHl^<^' supervision of the laws relating to the admeasurement 
 ice..?. of vessels, and the assigning of signal letters thereto, and 
 
 of designating their ofiicial number; and on all questions 
 of interpretation growing out of the execution of the laws 
 relating to these subjects, and relating to the collection of 
 tonnage tax, and to the refund of such tax when collected 
 erroneously or illegally, his decision shall be final. 
 
 The Commissioner of Navigation shall annuallv prepare 
 Listoi vessels. ^^^^^ publish a list of vcsscls of the United States belong- 
 ing to the commercial marine, specifying the ofiicial num- 
 ber, signal letters, names, rig, tonnage, home port, and place 
 and date of building of every vessel, distinguishing in such 
 list sailing-vessels from such as may be propelled by steam 
 or other motive power. 
 
 He shall also report annually to the Secretary of Com- 
 veft*iK!vtion.''^ "'' "lei'tje and Labor the increase of vessels of the United 
 States, by building or otherwise, specifying their num- 
 ber, rig, and motive power. He shall also investigate the 
 operations of the laws relative to navigation, and annually 
 report to the Secretarv of Commerce and Labor such par- 
 ticulars as ma}", in his judgment, admit of improvement or 
 may require amendment. 
 
 The Commissioner of Navigation shall, under the direc- 
 tion of the- Secretary of Commerce and Labor, be empow- 
 
 C h a n K e 
 name.s. 
 
 Sec. 
 
 Note. — Specific lines of cleavage between the duties of the Secretary 
 of Commerce and Labor and of the Secretar_y of the Treasury, in some 
 of the laws in this chajyter, are under consideration by the Attorney- 
 (ieneral, or may require furtiicr legislation. See page 34. 
 
BUREAU OF NAVIGATION 157 
 
 orod to c'liiuiiiv tlio nunu's of vcs.sols of the I'liitcd States, 
 uiuler sueli restrictions as iiray have ])eeii or shall he ])re- 
 scrihed hy act of Congress, 
 
 The C'onmiissioner of Naviti'ation shall he a]ipoiiite(l hy !'"i>uiiission- 
 the Fresidi'iit of the United States, hy and with th(> ad\ice".s,i''.'J!"' 
 and consent of the S(Miate. and shall receive a salary of 
 four thousand dollai's jier auiuini. And the Secretarv of 
 Coninierce and Lahor shall have power to transfer from 
 existinji" Bureaus or divisions of the DepartnuMit of Com- 
 merce and La])or one clerk, to he desiuiiated as deputy peputy com- 
 commissioner of navi^'ation," to act Avith the full })<)wers of '^'"'*'^""^'''- 
 said C'onunissioncr during- his temporary ahsence from his 
 otiicial duty for any cause, and such additional clerks as 
 he may consider necessary to the successful o])eration of 
 t\\o Buretui of Naviijation, without impalrino- the efHciency 
 of the liureaus or di\'isions whence such clerks may he 
 transferred. 
 
 SHirpixG co:mmission eks 
 
 The Secretarv of Commerce and Lahor shall appoint a 
 commissioner for each port of cntiy, Avhich is also a port jmie'sliim. 
 of oct^an navigation, and which, in his judonient, may (~3 stat, 5'j.) 
 re(|uire the same; such connnissioner to he termed a ship- 
 l)ino" connnissioner, and may, from time to time, remove 
 from ottice anv such commissioner whom he may have 
 reason to helieve does not properly perform his duty, and 
 shall then provide for the proper performance of his 
 duties until another j)erson is duly appointed in his place: 
 Pfoi'idd^ That Shipping Connnissioners now in office shall 
 contiiuie to perform the duties thei'eof until others shall he 
 a})])ointed in their places. Shipping Commissioners shall 
 monthly render a full, exact, and itemized account of their 
 leceipts and expenditures to the Secretary of Commerce 
 and Lihor, who shall determine their compensation, and 
 shall from time to time determine the numher and com- 
 pensation of the clerks appointed hy such commissioner, 
 with tlu> approxal of the Secretary of Commerce and 
 Lahor, suhject to the limitations now"" fixed by l;iw. The 
 Secretary of Commerce and Lahor shall regulate the mode 
 of conducting husiness in the shipping offices to he estah- 
 lished by the shi])ping connnissioners as hereinafter pro- 
 vided, and shall have full and complete control over the 
 same, subject to the provisions herein contained; and all 
 ex))enditures by shipping commissioners shall be audited 
 and adjusted in the Treasury DepartnuMit in the mode and 
 manner provided for expenditures in the collection c)f f"l%at.,'sij") 
 customs. 
 
 Every shi])ping-comnnssioner so appointed shall give 
 bond to the United States, conditioned for the faithful per- ping 'V 
 formance of the duties of his office, for a sum, in t\w dis-''i™'=r. ^^^ 
 cretion of the circuit judge, of not less than five thousand 
 dollars, with two good and sufficient sureties therefor, to 
 
 " A clerk of class 4, with $600 additional compensation. The Bureau 
 has such personnel as is provided in the appropriation act each year. 
 
 Bond, sliip- 
 (imm is- 
 
158 BUREAU OF NAVIGATION 
 
 be approved b}^ such judge; and .shall take and subscribe 
 the following oath before enterinj]^ upon the duties of his 
 office: "1 do solemnly swear (or affirm, as the case may 
 be) that I will support the Constitution of the United 
 States, and that I will truly and faithfully discharge the 
 duties of a shipping-conunissioner to the best of my ability, 
 and according" to law.'' Such oath shall be indorsed on the 
 commission or certiticate of appointment, and signed by 
 him, and certified by the officer before whom such oath 
 shall have been taken. 
 Clerks to ship- Any shippiug-commissioner may engage clerks to assist 
 sioner.'^"™'"*'^ him in the transaction of the business of the shipping-office, 
 jcm'if^isss. ^t ^'^^ o^" proper cost, and may, in case of necessity, depute 
 (■22kat.,m.) .such clerks to act for him in his official capacity; but the 
 {Tsstai, 50.) shipping-commissioner shall be held responsible for the 
 fimfi'n i.ss« ''^^^^ ^^ every such clerk or deputy, and will be personalis 
 (2i Stat, 80.) liable for any penalties such clerk or deputy may incur 
 l)y the violation of an}" of the provisions of this Title 
 [R. S., 4501-4:61^]; and all acts done by a clerk, as such 
 deputy, shall be as valid and binding as if done by the 
 shipping-commissioner. 
 Seal of ship- Each shipping-commissioncr shall provide a seal with 
 sionel-.''^ wdiich he shall authenticate all his official acts, on which 
 
 £. s.,/.5oo. j^^.^i j^i^.^ji }jQ engraved the arms of the United States, and 
 the name of the port or district for which he is commis- 
 sioned. Any instrument, either printed or written, pur- 
 porting to be the official act of a shipping-commissioner, 
 and purporting to be under the seal and signature of such 
 shipping-commissioner, shall be received as presumptive 
 evidence of the official character of such instrument, and 
 of the truth of the facts therein set forth. 
 Offices of ship- The Sccrctar}^ of Commerce and Labor shall assign in 
 sionerf ''°^™"^ pul)lic buildiugs or otherwise procure suitable offices and 
 Mm-'.'s'^m?. I'ooms for the shipment and discharge of seamen, to be 
 {29kaL,687.) kuowu as shipping coiiimissioners' offices, and shall pro- 
 (s^'stal, 829.) cure furniture, stationery, printing, and other requisites 
 .Sec. io. ^Q^. ||-|g transaction of the ])usiness of such offices. 
 
 Pay of ship- jj^ j^q (..^se shall the salary, [fees, and emoluments] of 
 Smfer!^"™ '' any officcr appointed under this Title [R. S., 4501-4013] 
 June warn. ^'G more than five thousand dollars per annum [; and any 
 (u Stat'., 79.) additional fees shall be paid into the Treasurv of the 
 United States], 
 pin'g - com m i s- The gcncj-al duties of a shipping-commissioner shall ])e: 
 ^^°J}^1- , r. First. To ati'ord facilities for engaging seamen bv keep- 
 
 ing a register of their names and characters. 
 
 Second. To superintend their engagement and discharge, 
 in manner prescribed ))y law. 
 
 Third. To provide means for securing the pi'csence on 
 board at the proper times of men who are so engaged. 
 
 Fourth. To facilitate the making of apprenticeships to 
 the sea service. 
 
 Fifth. To perform such other duties relating to merchant 
 seamen or merchant ships as are now or may hereafter be 
 required by law. 
 
BUREAU OF NAVIGATION 159 
 
 III uiiv port in -syhicli no ship})'mu-c()iniiiissi()ii(M' ^^li:'!' .,^*Jillppi\\'^,.\"^ 
 hiivo hoiMi appointed, the wholo or any part of the business missidiuT. 
 of a shippinu'-eoHunissioner shall he ennchiett'd hy the col- 
 U'ctor or (U'puty eolkn-tor of customs of sucli ])()rt; and in 
 respect of such business such custoni-hous<> sliall he deemed 
 a shii)i)in«'-otlice. and the coUectoi" or de|)utv coUector of 
 
 ' ' ■"" 1 II • I 11 1 -^^ I 1 11 .June in, mm. 
 
 customs to >vhom such husuiess sh;ul he conunitted, shall. (?/, s/n^. ?.•'.) 
 for all purposes, l)edeennHlashlppinu"-commissioner witiiin 
 the meanino- of this Title [K, S., 4501-4:012]. 
 
 Kverv siiij)i)ini«-commissioner, and everv clerk or em- ,,, , 
 ploye m any shippmo'-otiice, who demands or receives any nu'ius. 
 n'inuneration whatever, either directly or indirectly, for ^■■'■'''^^^ 
 hirinii' or supplyiiiLi' any seaman for any merchant-vessels, 
 cxceptiii.u' the lawful fees payable imdiM- this Title [R. S., 
 4,'')(il-4()Io]. shall, for every such oll'ense, be liable to a pen- 
 alty of not more than two hundred dollars. [Fees payable 
 by individuals al)olished June II'. lSS(i. | '■ '■"' 
 
 AH shipiiKMits of seamen iiuule contrary to the provi- 
 sions of any act of Cono-ress shall be void; and any seaman 
 so slii])ped may leave the service at an^' time, and shall l)e 
 entitled to recover the hig-hest rate of wages of the port 
 from which the seaman was shipped, or the sum agreed to 
 be given him at his shipment. 
 
 Any person other than a commissioner under this Title 
 [R. S., -1:501-4012], who shall perform or attempt to per- 
 form, either directly or indirectly, the duties which 
 arc by this Title set forth as pertaining to a shipping- -''•''•' ^'^^• 
 commissioner, shall be liable to a penalt}' of not more than 
 five hundred dollars. 
 
 VESSELS 
 
 The Avord "vessel" includes oycvy d(\scription of water- ^./Jj,'^^'"""" "^ 
 craft or other artificial contrivance used or capable of l>eing -R- ''^■, ^^. 
 used as a means of transportation on water. 
 
 Vessels registered pursuant to. law and no others, except ^•,yi^e^fyt,,'ty'^'^ 
 such as shall l)e duly qualilied according to law foi- carrying -R- *'•. ''i^^- 
 on the coasting or fishing trade, shall be deemed vessels of 
 the United States, and entitled to the benefits and privileges 
 ap])ertaiiilng to such vessels; but no such vessel shall enjoy 
 such Ix'iietits and privileges longer than it shall continue to 
 be wholly owned })y a citizen or citizens of the United States 
 or a corporation created under the laws of any of the States 
 thereof, and be commanded bv a citizen of the United States. 
 And all the ofiicers of vessels of the United States who shall ({^'ii^/./J^^- 
 lia\e charge of a Avatch, including pilots, shall in all cases 
 l>e citizens of the United States. [ See also Ofiicers of 
 vessels, page 1S8.] 
 
 No vessel which has been recorded or registered as an '''• •"'■• ■''^3■^■ 
 American vessel of the United States, pursuant to law. 
 and which was licensed or otlierwis(> authorized to sail 
 under a foreign Hag, and to have the protection of any 
 foreign government during the existence of the rebellion, 
 
160 BUREAU OF NAVIGATION 
 
 shall be deemed or registered as a vessel of the United 
 States, or shall have the rights and privileges of vessels 
 of the United States, except under provisions of law 
 especially authorizing such registr3\ 
 Rcgisterod vos- Vessels built within the United States, and ))elonging 
 "*"/?! .v., itis2. wholly to citizens thereof, and vessels which nia}^ be cap- 
 tured in war ])y citizens of the United States, and lawful!}^ 
 condenuied as prize, or which may l)e adjudged to be 
 forfeited for a breach of the laws of the United States, 
 being whoU}' owned by citizens, and no others, may be 
 registered as directed in this title [R, S., 4131-43<J5]. 
 j'/^'s'^jfl) ^ ^^ Commissioner of Navigation may issue a register or 
 
 (;23stat., US.) enrollment for any vessel built in a foreign countr}', when- 
 sec. -z. g^.p^. j^^(.jj vessel shall be wrecked in the United States, and 
 
 shall be purchased and repaired bv a citizen of the United 
 States, if it shall be proved to the satisfaction of the Com- 
 missioner that the repairs put upon such vessel are equal 
 to three-fourths of the cost of the vessel when so repaired. 
 w'^'/^wr ^ vessel registered pursuant to law, which by sale has 
 
 X^dknt.Js'J.) become the i:)ropert3" of a foreigner, shall be entitled to a 
 Sec. 10. j-|g^ register upon afterwards becoming American prop- 
 
 erty, unless it has been enlarged or undergone change in 
 build outside of the United States, 
 seis.^^*^^"^^ ^ ^^^ All vessels which may clear with registers for the pur- 
 R.s.,/,s3'j. pose of engaging in the whale fishery shall l)e deemed to 
 have lawful and sufficient papers for such voyages, secur- 
 ing the privileges and rights of registered vessels, and the 
 privileges and exemptions of vessels enrolled and licensed 
 for the fisheries. 
 iicensed%e.s^eis. Vcsscls of twenty tons and upward, enrolled in pursu- 
 R. s., usn. j^j^pe of ^i^ig xitle [R. S. , 4311-431)0], and having a license in 
 force, or vessels of less than twenty tons, which, although 
 not enrolled, ha^c a license in force, as required by this 
 Title, and no others, shall be deemed vessels of the United 
 States entitled to the privileges of vessels employed in the 
 coasting-trade or fisheries. 
 
 Any steam))oat employed or intended to be employed 
 only in a river or bay of the United States, owned wholly 
 or in part by an alien resident within the United States, 
 may be enrolled and licensed, as if the same lielonged to a 
 citizen of the United States, subject to all the provisions 
 of this Title [R. S., 4311-431)0], except that, in such case, no 
 oath shall be required that the boat belongs to a citizen of 
 the United States. 
 i{. s., m7. Such resident alien, owner of any steamboat, upon appli- 
 
 cation for enrollment or license, shall give hond to the 
 collector of the district, for the use of the United States, 
 in the penalty of one thousand dollars, with sufficient 
 surety, conditioned that the boat shall not be employed 
 in other waters than the rivers and bays of the United 
 States. 
 li. s., ms. ji^^y vessel of the United States, navigating the Traters 
 
 on the northern, northeastern, and northwestern fron- 
 tiers, otherwise than by sea, shall be enrolled and licensed 
 
 I!, s. 
 
BUREAU OF NAVIGATION 161 
 
 in such form as other vessels; such enrollment .and license 
 shall uutliorizo any such vessel to be employed either in 
 the roastiny or foreio-n trade on such frontiers, and no 
 (icrtiricatc of registry shall bo rc(iuired for vessels so em- 
 ployed. Such vessel shall be, in every other respect, liable 
 to the reonlations and penalties relating to registered and 
 iiciMised N'ossols. 
 li(>fore anv vessel, of the burden of five tons, and less i'i<'<''ife'i ves- 
 
 1 , J. \ 1 II I 1- 1 i.1 sols under tweii- 
 
 than twenty tons, shall be licensed, the same measurement ty tons. 
 shall be made of such vessel, and the same provisions '''' ''■' ''■'"'^" 
 observed relative thereto, as are to be observed in case of 
 measuring vessels to be registered or enrolled; but in all 
 cases, where such vessel or any other licensed vessel shall 
 have l)een once measured, it shall not l)e necessary to 
 inoasur(> such vessel anew, for the purpose of obtaining 
 another enrollment or license, unless such vessel shall have 
 undergone some alteration as to her burden, subsequent 
 to the time of her former license. 
 
 The act [R. S., 4311-4885] to which this is a supplement ^,^J^";Jf;;^'""''"t«'*^ 
 shall not be so construed as to extend the provisions of the Apr.'is, mi. 
 said act to canal boats or boats employed on the internal (^^'^''"'•'^^•) 
 waters or canals of an}^ State; and all such boats, except- 
 ing onl}^ such as are provided with sails or propelling 
 machinery of their own adapted to lake or coastwise navi- 
 gation, and excepting such as are employed in trade with 
 the Canadas, shall be exempt from the provisions of the 
 said act, and from the payment of all customs and other 
 fees under anv act of Congress. 
 
 The provisions of title lifty [R. S., 4311-4390] of the ^r/'.^y^Vf^ 
 Revised Statutes of the United States shall not be so con- Jinicui.'issn. 
 strued as to require the paj^ment of any fee or charge for ^~'* -'"'•• '^-^ 
 the enrolling or licensing of vessels, built in the United 
 States and owned by citizens thereof, not propelled by sail 
 or by internal motive power of their own, and not in any 
 case cari'ving passengers, whether navigating the internal 
 waters of a State or the navigable waters of the United 
 States, and not engaged in trade with contiguous foreign 
 territory, nor shall this or any existing law be construed to 
 require the enrolling, registering or licensing of any flat 
 boat, barge or like craft for the carriage of freight, not 
 propelled ])y sail or by internal motive power of its own, 
 on the rivers or lakes of the United States. 
 
 Nothing in this Title [R. S., 4311-4300] shall be con- R.s.,m-i. 
 stilled to extend to any boat or lighter not being masted, 
 or if masted and not decked, employed in the harbor of 
 an}' town or city. 
 
 The Commissioner of Navigation shall have power, ^,Jr^""^'''' ""°^" 
 under such regulations as he shall prescribe, to establish £ s., urn. 
 and provide* a system of numl)ering vessels so registered, i^s's^al^fik) 
 enrolled, and licensed; and each vessel so numbered shall 
 have her numlier deeply carved or otherwise permanently 
 marked on her main beam; and if at any time she shall Juncig.isse. 
 cease to l)e so marked, such vessel shall l)e liable to a fine ^I's"'"'^*^ 
 of thirt}' dollars on every arrival in a port of the United 
 27628—04 11 
 
162 BUEEAU OF NAVIGATION 
 
 States if she have not her proper official number legally 
 carved or permanentl}^ marked. 
 K^f.%7.''''^' The name of every documented vessel of the United 
 m'sM^fJs) '^^^^^^ ^l^*^!^ ^^^ marked upon each bow and upon the stern, 
 jan.2o','m7'. and the home port shall also ])e marked upon the stern. 
 (29 Stat., m.) Xhese names shall be painted or gilded, or consist of cut or 
 carved or cast roman letters in light color on a dark ground, 
 or in a dark color on a light ground, secured in place, and 
 to be distinctly visible. The smallest letters used shall not 
 be less in size than four inches. If any such vessel shall ])e 
 found without these names being so marked the owner or 
 owners shall be liable to a penalty of ten dollars for each 
 June 26, 18SL name omitted. The word "■port,'' as used in section forty- 
 ^ec^u." ^^'^ one hundred and seventy-eight shall be construed to mean 
 either the port where the vessel is registered or enrolled, 
 or the place in the same district where the vessel was built 
 or where one or more of the owners reside. 
 R.s.,u95. P^very steam vessel of the United States, in addition to 
 
 having her name painted on her stern, shall have the same 
 Feb. pi. mi, conspicuously placed in distinct, plain letters, of not less 
 (26 Stat., / 05.) ^i^^j^ g|^ inches in length on each outer side of the pilot- 
 house, if it has such, and in case the vessel has side wheels, 
 also on the outer side of each wheel-house; and if any such 
 steamboat be found without having her name placed as 
 required, she shall be subject to the same penalty as pro- 
 vided by law in the case of a vessel of the United States 
 found without having her name, and the name of the port 
 to which she belongs, painted on her stern 
 Change of No master, owner, or agent of an}^ vessel of the United 
 n. s., 1,179. States shall in any way change the name of such vessel, or 
 by any device, advertisement, or contrivance deceive or 
 attempt to deceive the public, or au}^ officer or agent of 
 the United States, or of any State, or any corporation or 
 agent thereof, or any person or persons, as to the true 
 name or character of such vessel, on pain of the forfeiture 
 of such vessel. 
 Juiyp, issu.^ The Commissioner of Navigation shall, under the direc- 
 sec.5^'' ^ tion of the Secretary' of Commerce and Labor, be empow- 
 ered to change the names of vessels of the United States, 
 under such restrictions as may have been or shall be pre- 
 scribed by act of Congress. 
 Mar. 2,1881. The Secretary of Commerce and Labor be, and here])y 
 ^^ciT'i-^'^'^ is, authorized to permit the owner or owners of any vessel 
 duly enrolled and found seaworthy and free from debt to 
 change the name of the same, when, in his opinion, there 
 shall be sufficient cause for so doing. The Secretary of 
 Commerce and Labor shall establish such rules and regu- 
 lations and procure such evidence as to the age, condition, 
 where built, and pecuniary liability of the vessel as he 
 may deem necessary to prevent injury to public or private 
 interests; and when permission is granted by the Secre- 
 tary, he shall cause the order for the change of name to 
 be published at least in four issues in some daily or weekly 
 paper at the place of register; and the cost of procuring 
 
 name. 
 
BUREAU OF NAVIGATION 103 
 
 evidonco and advertising^ the change of name to l)e paid 
 hv the ])ers()n or persons desiring such cliange of name. 
 
 The draugiit of every registered vessel sliall be marked ych!f^!%!)i. 
 
 upon tlie stem and stern post, in Engiisli feet or decime- (is-'^;^"'-. t^'-''") 
 
 tcrs, in either Aral)ic or Roman numerals. The ))ottom 'jaiuio.isyT. 
 
 of each numeral shall indicate the draught to that line. Mc. ^."'" '''''^'^ 
 
 MEASUREMENT OF VESSELS 
 
 Before any vessel shall be registered, she shall be meas- ^- ^■' "''^■ 
 nred by a surveyor, if there be one, or by the person he 
 shall appoint, at the port or phu^e where the vessel may be, 
 and if there ])e none, by such person as the collector of the 
 district ^\•ithin which she may be shtdl appoint. But in 
 all cases where a vessel has before l)een registered as a 
 vessel of the United States, it shall not be necessary to 
 measure her anew, for the purpose of obtaining another 
 register; unless such vessel has undergone some alteration 
 as to her burden, subsequent to the time of her former 
 registr}'. 
 
 The officer or person l)y whom such measurement is J^-*'-. was- 
 made shall, for the information of and as a voucher to the 
 officer ))y whom the registry is to ])e made, grant a certi- 
 Hcatc. specifying the build of the vessel, her numl)er of 
 decks and masts, her length, breadth, depth, the number 
 of tons she measures, and such other particulars as are 
 usually descriptive of the identity of a vessel, and that 
 her name, and the place to which she belongs, are painted 
 on her stern in manner required by this Title [R. S., 4131- 
 1305]; which certificate shall be countersigned by an 
 owner, or l)y the master of such vessel, or by some other 
 ]ierson who shall attend her admeasurement, on behalf of 
 her owner or owners, in testimony of the truth of the 
 particulars therein contained; without which the certifi- 
 cate shall not be valid. 
 
 The registry of every vessel -shall express her length K.s.,ii5o. 
 and breadth, together with her depth and the height under 
 th(^ third or spar deck, which shall l)e ascertained in the 
 following manner: The tonnage deck, in vessels having 
 three or more decks to the hull, shall be the second deck 
 from below; in all other cases the upper deck of the hidl 
 is to be the tonnage-deck. The length from the fore part 
 of the outer planking on the side of the stem to the after 
 part of the main stern-post of screw-steamers, and to the 
 after part of the rudder-post of all other vessels measured 
 on the top of the tonnage-deck, shall be accounted the 
 vessel's length. The breadth of the lu'oadest part on the 
 outside of the vessel shall be accounted the vessePs breadth 
 of l)eam. A measure from the luider side of the tonnage- 
 dock plank, amidships, to the ceiling of the hold, (average 
 thickness.) shall l)e accounted the depth of hold. If the 
 vessel has a third deck, then the height from the top of 
 the tonnage-deck plank to the under side of the upper- 
 deck plank shall be accounted as the height under the 
 spar-deck. All measurement to be taken in feet and f rac- 
 
164 BCTEEAU OF NAVIGATION 
 
 tions of feet; and all fractions of feet shall be expressed 
 in decimals. 
 R. s., um. No part of any vessel shall be required by the preceding 
 
 section to be measured or registered for tonnage that is 
 used for cabins or state-rooms, and constructed entirely 
 above the first deck, which is not a deck to the hull. 
 Gro?s tonnage. The register tonnage of every vessel built within the 
 United States or owned by a citizen or citizens thereof 
 shall be her entire internal cubical capacit}" in tons of one 
 hundred cubic feet each, to be ascertained as follows: 
 Measure the length of the vessel in a straight line along 
 the upper side of the tonnage-deck, from the inside of the 
 inner plank, average thickness, at the side of the stem to 
 the inside of the plank on the stern-timbers, average thick- 
 ness, deducting from this length wliat is due to the rake 
 of the bow in the thickness of the deck, and what is due to 
 the rake of the stern -timber in the thickness of the deck, 
 and also what is due to the rake of the stern-timber in one- 
 third of the round of the beam; divide the length so taken 
 into the number of equal parts required by the following 
 tal)le, according to the class in such table to which the 
 vessel belongs: 
 
 Class one. Vessels of which the tonnage length accord- 
 ing to the above measurement is fift}" feet or under: into 
 six equal parts. 
 
 Class tw^o. Vessels of which the tonnage length accord- 
 ing to the above measurement is aljove fifty feet and not 
 exceeding one hundred feet: into eight equal parts. 
 
 Class three. Vessels of which the tonnage length accord- 
 ing to the above measurement is above one hundred feet, 
 and not exceeding one hundred and fifty feet: into ten 
 equal parts. 
 
 Class four. Vessels of which the tonnage length accord- 
 ing to the above measurement is above one -bundred and 
 fifty feet, and not exceeding two hundred feet: into twelve 
 equal parts. 
 
 Class five. Vessels of which the tonnage length accord- 
 . ing to the above measurement is abo^'e two hundred feet, 
 and not exceeding two hundred and fifty feet: into fourteen 
 equal parts. 
 
 Class six. Vessels of which the tonnage length accord- 
 ing to the above measurement is above two hundred and 
 fifty feet: into sixteen equal parts. 
 
 Then, the hold being suflicientl}^ cleared to admit of the 
 required depths and breadths being propcrl}" taken, find 
 the transverse area of such vessel at each point of division 
 of the length as follows: 
 
 Measure the depth at each point of division from a point 
 at a distance of one-third of the round of the beam below 
 such deck; or, in case of a break, below a line stretched 
 in continuation thereof, to the upper side of the floor- 
 timber, at the inside of the limber-strake, after deducting 
 the average thickness of the ceiling, which is between the 
 bilge-planks and limber-strake; then, if the depth at the 
 
BUREAU OF NAVIGATION 165 
 
 midship division of the leiio;tli do not exceed sixteen feet, 
 divido vM-h dojitli into four (miiuiI purts; then niotisure the 
 iiisiilc horizontal breadth, at each of the three ])oints of 
 division, and also at the upper and lower points of the 
 depth, extcndino- each measurement to the average thick- 
 ness of that part of the ceiling- which is between the points 
 of measurement; number these breadths from above, 
 luunbering the upper l)readth one, and so on down to the 
 lowest breadth; nudtiply the second and fourth ])y four, 
 and the third l)v two; add these products together, and to 
 the sum add the lirst breadtli and the last, or fifth; mul- 
 tiplv the (luantity thus obtained by one-third of the com- 
 mon interval between the breadths, and the product shall 
 be deemed the transverse area; but if the midship depth 
 exceed sixteen feet, divide each depth into six equal parts, 
 instead of four, and measure as before directed, the hori- 
 zontal breadths at the five points of division, and also at 
 the upper and lower points of the depth; numl)er them 
 from above as before; multiply the second, fourth, and 
 sixth by four, and the third and fifth by two; add these 
 products together, and to the sum add the tirst lireadth 
 and the last, or seventh; multiply the quantities thus 
 obtained by one-third of the common interval between the 
 breadths, and the product shall be deemed the transverse 
 area. 
 
 Having thus ascertained the transverse area at each 
 point of division of the length of 'the vessel, as required 
 a))ove, proceed to ascertain the register tonnage of the 
 vessel in the following* manner: 
 
 Number the areas successively one, two, three, and so 
 forth, number one being at the extreme limit of the length 
 at the bow, and the last number at the extreme limit of the 
 length at the stern; then, whether the length be divided 
 according to the table into six or sixteen parts, as in classes 
 one and six, or any intermediate number, as in classes two, 
 three, four, and live, multiply thfe second, and every even- 
 numbered area by four, and the third, and every odd-num- 
 ])ered area, except the first and last, by two; add these 
 products together, and to the sum add the first and last if 
 they yield anything; nudtiply the quantities thus obtained 
 by one-third of the common interval between the areas, 
 and the product will be the cubical contents of the space 
 under the tonnage-deck; divide this product by one hun- 
 dred, and the quotient, being the tonnage under the ton- 
 nage-deck, shall be deemed to be the register tonnage of 
 the vessel sul)ject to the additions hereinafter mentioned. 
 
 If there l)e a break, a poop, or any other permanent j^^j^t^ck-hcuiscs, 
 clo^ed-in space on the upper deck, available for cargo, or k. s.', aisx ^ 
 stores, or for the berthing or acconnnodation of passen- ^fsiat.^rii) 
 gers or crew, the tonnage of that space shall be ascertained •'"'f'^- ^ W- 
 as follows and added to the gross tonnage: 
 
 Measure the internal mean length of such space in feet, k.s.,i,i5s. 
 and divide it into an even numl»er of eipial parts of which 
 the distance asunder shall be most nearly equal to those 
 
R. S., 1,153. 
 
 166 BUREAU OF NAVIGATION 
 
 into which the length of the tonnage-deck has been divided; 
 measui'e at the middle of its height the inside breadths; 
 namely, one at each end and at each of the points of divi- 
 sion, numbering them successively one, two, three, and so 
 forth; then to the sum of the end breadths add four times 
 the sum of the even-numbered breadths and twice the sum 
 of the odd-numbered breadths, except the first and last, 
 and multiply the whole sum by one- third of the common 
 interval between the breadths; the product will give the 
 mean horizontal area of such space; then measure the mean 
 height between the planks of the decks, and nuiltiply b}' 
 it the mean horizontal area; divide the product by one 
 hundred, and the quotient shall l)e deemed to be the ton- 
 nage of such space, and shall bo added to the tonnage 
 Ma.r.2,is95 under the tonnage-decks, ascertained as aforesaid: I^'o- 
 kci"/!). " vided, That nothing shall be added to the gross tonnage 
 for any sheltered space above the upper deck which is 
 under cover and open to the weather; that is, not inclosed. 
 Between-decks. jf a vcsscl has a third deck, or spar deck, the tonnage 
 of the space between it and the tonnage-deck shall be 
 ascertained as follows: 
 
 Measure in feet the inside length of the space, at the 
 middle of its height, from the plank at the side of the stem 
 to the plank on the timbers at the stern, and divide the 
 length into the same number of equal parts into which the 
 length of the tonnage-deck is divided; measure, also at 
 the middle of its height, the inside breadth of the space 
 at each of the points of division, also the breadth of the 
 stem and the breadth at the stern; number them succes- 
 sively one, two, three, and so forth, commencing at the 
 stem; multiply the second, and all other even-numbered 
 breadths, ])y four, and the third, and all the other odd-num- 
 bered breadths, except the lirst and last, by two; to the 
 sum of these products add the first and last breadths, mul- 
 tiply the whole sum by one-third of the common interval 
 between the breadths, and the result will give, in superti- 
 cial feet, the mean horizontal area of such space; measure 
 the mean height between the plank of the two decks, and 
 multiply by it the mean horizontal area, and the product 
 will be the cubical contents of the space; divide this prod- 
 uct b}^ one hundred, and the quotient shall ))e deemed to 
 be the tonnage of such space, and shall be added to the 
 other tonnage of the vessel ascertained as al)ove directed. 
 And if the vessel has more than three decks, the tonnage 
 of each space between decks, above the tonnage-deck, 
 shall l)esevei'ally ascertained in the manner above described, 
 and shall be added to the tonnage of the vessel, ascertained 
 as above directed. 
 Open vessels. In ascertaining the tonnage of open vessels the upper 
 edge of the upper strake is to form the boundary-line of 
 measurement, and the depth shall be taken fromanathwart- 
 ship line, extending from the upper edge of such strake at 
 each division of the length. 
 Water ballast. In the casc of a ship constructed Avith a doii})l(^ ))ott<)ni 
 (iTsuiL^nk) for water ballast, if the space between the inner and outer 
 
 Ji. ,S., l,15S. 
 
BUREAU OF NAVIGATION 1G7 
 
 [)l:itiii^- thereof is certilicd by the collector to l)o not avail- 
 aide for the can-iaoo of caroo, stores, or fuel, then the 
 depth of the vessel shall be taken to be the upper side of 
 the inner plating- of the double bottom, and that upper 
 side shall for the purposes of measurement be deemed to 
 represent the floor timber. 
 
 From the gross tonnage of every vessel of the United Nettonnaso. 
 Slates tiiere shall be deducted — . (Z''%fii.!^-?w.) 
 
 (a) Tin; tonnage of the spaces or compartments occupied f"re\v acc.m- 
 by or appropriated to the use of the crew of the vessel. '"j/dV^'iAW. 
 Every place a})propriated to the crew of the vessel shall (~s »''''«'•. 7/,i.) 
 have a space of not less than seventy- two cubic feet and 
 not less than twelve superficial feet, measured on the deck 
 or floor of that place, for each seaman or apprentice lodged 
 therein. The provisions of this Act requiring a crew space 
 of seventy-two cubic feet per man shall apply only to ves- 
 sels the construction of which shall be begun after June 
 thirtieth, eighteen hundred and ninety-five. Such place 
 shall be secureh' constructed, properly lighted, drained, and 
 ventilated, properly protected from weather and sea, and as 
 far as practicable properh^ shut ofl' and protected from the 
 effluvium of cargo or bilge water; and failure to comply with 
 this provision shall subject the owner to a penalty of five 
 hundred dollars. Every place so occupied shall be kept 
 free from goods or stores of an}^ kind not being the personal 
 property of the crew in use during the voyage; and if any 
 such place is not so kept free the master shall forfeit and 
 pay to each seaman or apprentice lodged in that place the 
 sum of fifty cents a day for each day during which any 
 goods or stores as aforesaid are kept or stored in the place 
 after complaint has been made to him by any two or more 
 of the seamen so lodged. No deduction from tonnage as 
 aforesaid shall be made unless there is permanently cut in 
 a ])eam and over the doorway of every such place the num- 
 ber of men it is allowed to accommodate with these words, 
 "certified to accommodate seamen." 
 
 Every place appropriated to the crew of a seagoing ves- f^g'^gf^i/^ss ) 
 sel of the United States, except a fishing vessel, yacht, a sec.2. 
 pilot boat, and all vessels under two hundred tons register, 
 shall have a space of not less than seventy-two cubic feet 
 and not less than twelve square feet measured on the deck 
 or floor of that place for each seaman or apprentice lodged 
 therein: Proi'hhd^ That any such seagoing sailing vessel, 
 built or rebuilt after flune thirtieth, eighteen hundred and 
 ninety-eight, shall have a space of not less than one hun- 
 dred cubic feet and not less than sixteen square feet meas- 
 ured on the deck or floor of that space for each seaman or 
 apprentice lodged therein. Such place shall be securely 
 constructed, properl}'^ lighted, drained, heated and venti- 
 lated, properly protected from weather and sea, and, as far 
 as ])racticable, properly shut ofl' and protected from the 
 effluvium of cargo or bilge water. 
 
 Fishing vessels, yachts, and pilot boats are herel)y ex- 
 empted from the provisions of section one of chapter one 
 hundred and seventy-three of the laws of eighteen hun- 
 
168 BUREAU OF NAVIGATIOlSr 
 
 dred and ninetv-tivo, entitled "An Act to amend section 
 one of chapter three hundred and ninety-eight of the laws 
 of eiohteen hundred and eig'hty-two, entitled 'An Act to 
 provide for deductions from the gross tonnage of vessels of 
 the United States,'" so far as said section prescribes the 
 amount of space which shall be appropriated to the crew 
 and provides that said space shall be kept free from goods 
 or stores not being the.personal propert}^ of the crew in 
 use during the voyagfe'^, 
 
 [For crew accommodations on Mississippi river steam- 
 boats, see page 147.] 
 
 Deductions for (b) ji^y^y ,^pace exclusively for the use of the master certi- 
 ° MM\2!m5^' fied b}^ the collector to be reasonable in extent and properly 
 
 (2sf<t.at., 7i2.) constructed, and the words "Certified for the acconmioda- 
 tion of master" to be permanently cut in a beam and over 
 the door of such space. 
 
 (c) Any space used exclusively for the working of the 
 helm, the capstan, and the anchor gear, or for keeping the 
 charts, signals, and other instruments of navigation and 
 boatswain's stores, and the words "Certified for steering 
 gear," or " Certified for boatswain's stores," or " Certified 
 chart house," as the case may be, to be permanently cut in 
 the beam and over the doorway of each of such spaces. 
 
 (d) The space occupied by the donkey engine and boiler, 
 if connected with the main pumps of the ship. 
 
 (e) In the case of a ship propelled wholly by sails any 
 space, not exceeding two and one half per centum of the 
 gross tonnage, used exclusively for storage of sails: Pro- 
 vided, That spaces deducted shall be certified by the col- 
 lector to be reasonable in extent and properly and efliciently 
 constructed for the purposes for which the}^ are intended, 
 and the words " Certified for storage of sails " to be cut on 
 the beam and over the doorway of such space. 
 
 Dcthiptious (f\ ]j^ the case of a ship propelled bv steam or other 
 
 for propelling ^ / . . . ^ "^ '• i i , • <• j i 
 
 power. power requiring engine room, a cleduction for the space 
 
 occupied by the propelling power shall be made, as follows: 
 In ships propelled by paddle wheels in which the ton- 
 nage of the space occupied by and necessary for the proper 
 working of the boilers and machinery is above twenty per 
 centum and under thirty per centum of the gross tonnage, 
 the deduction shall be thirty-seven per centum of the gross 
 tonnage; and in ships propelled by screws in which the ton- 
 nage of the space is above thirteen per centum and under 
 twenty per centum of the gross tonnage, the deduction 
 shall be thirty-two per centum of the gross tonnage. In 
 the case of screw steamers the contents of the trunk shaft 
 shall be deemed spaces necessary for the proper working 
 of the machineiy. 
 
 (g) In the case of other vessels in which the actual space 
 occupied by the propelling machineiy amounts in the case 
 of paddle vessels to twenty per centum or under and in the 
 case of screw vessels to thirteen per centum or under of 
 the gross tonnage of the ship, the deduction shall consist 
 in the case of paddle vessels of once and a half the tonnage 
 of the actual machinery s])ace and in the case of screw 
 
BUREAU OF NAVIGATION 1<>*> 
 
 V('ss(>l-; of onco and tlin'(>-i"oui tlis tlio tonna<i"o of tho actual 
 inachliK'iv si)a«'(\ Hut if tho actual inachiucrv space is 
 so laru'o as to amount in i\w case of paddle vessels to thirty 
 per centum or ahove, and in the case of ycrew vessels to 
 tAventv per centum or above of the gross tonnage of the 
 ship, the deduction shall consist of thirty-seven per centum 
 of the o-ross tonnage of the ship in the case of a paddle 
 vessel and thirty-two per centum of the gross tonnage in 
 the case of a screw vessel; or if tSa owner })refers there 
 shall l)e deducted from the gross (oimageof the vessel the 
 tonnage of the space or spaces actually occupied l)y or 
 required to be inclosed for the proper working of the 
 boilers and machinery, including the trunk shaft or alio}' 
 in screw steamers, with the addition in the case of vessels 
 propelled with paddle wheels of tifty per centum, and in 
 the case of vessels propelled by screws of sevent3-five per 
 centum of the tonnage of such space. 
 
 (i) On a request in writing to the Commissioner of Navi- 
 gation by the owners of a ship the tonnage of such portion 
 of the space or spaces a))Ove the crown of the engine room 
 and al)ove the upper deck as is framed in for the machinery 
 or for the admission of light and air and not required to be 
 added to gross tonnage shall, for the purpose of ascertain- 
 ing the tonnage of the space occupied by the propelling- 
 power, be added to the tonnage of the engine space; but 
 it shall then be included in the gross tonnage; such space 
 or spaces must be reasonable in extent, safe, and seaworth}^ 
 and can not be used for any purpose other than the machin- 
 ery or for the admission of light and air to the machinery 
 or boilers of the ship. 
 
 And the proper deduction from the gross tonnage having Register ton- 
 ))een made, the remainder shall be deemed the net or I'cg- "'^ff,^. 5_ 7.s.s\>. 
 ister tonnage of such vessels. (22 atat., soo.) 
 
 The register of the vessel shall express the number of -R. s., hiss. 
 decks, the tonnage under the tonnage-deck, that of the 
 between-decks, above the tonnage-deck; also that of the 
 poop or other inclosed spaces above the deck, each 
 separateh\ 
 
 The register or other official certificate of the tonnage or Aug. 5, iss-2. 
 nationality of a vessel of the United States, in addition to (~'~'S<<«., ajo.) 
 what is now reipiired by law to be expressed therein, shall 
 state separately the deductions made from the gross ton- 
 nage, and shall also state the net or register tonnage of the 
 vessel. 
 
 Rut the outstanding registers or enrollments of A'essels 
 of the United States shall not be rendered void l)y tho 
 addition of such new statement of her tonnage, unless vol- 
 untarih" surrendei-ed; but the same may be added to the 
 outstanding document or l)y an appendix thereto, with a 
 certificate of a collector of customs that the original esti- 
 mate of tonnage is amended. 
 
 In every vessel documented as a vessel of the United ^- '5',V'''f- 
 
 Oi i..!*^ , 1 .1 11111 1 June lu, ISfia. 
 
 otatcs the munber denoting her net tonnage shall be deepl}' («/, Kiat., si.) 
 carved or otherwise permanently marked on her main ''"''^•^' 
 beam, and shall be so continued; and if the numl)er at any 
 
170 BUREAU OF NAVIGATION 
 
 time cease to be continued such vessel shall be subject to 
 a line of thirty dollars on ever}^ arrival in a port of the 
 United States if she have not her tonnage number legally 
 carved or permanently marked. 
 
 fJs'sf'i^^ns) Under the direction of the Secretary of Commerce and 
 
 sec.L" ' Labor the Commissioner of Navigation shall make regula 
 
 fJ^%aLfsoi.) tions needful to give effect to the provisions of this Act. 
 
 .See. 3. ' The Secretar}^ of Commerce and Labor shall estal)lish and 
 promulgate a proper scale of fees to be paid for the read- 
 measurement of the spaces to be deducted from the gross 
 tonnage of a vessel, on the basis of the last sentence of 
 section forty-one hundred and eight3-six of the lievised 
 Statutes, beginning with the words "But the charge for 
 the measurement." 
 
 Appendix of Upon application by the owner or master of an Ameri- 
 "'j/rtr.T"s95.' can vessel in foreign trade, collectors of customs, under 
 
 {^sstaL, 71.3.) regulations to be approved by the Secretary of Commerce 
 and Labor, are authorized to attach to the register of such 
 vessel an appendix stating separately, for use in foreign 
 ports, the measurement of such space or spaces as are 
 permitted to be deducted from gross tonnage" by the rules 
 of other nations and are not permitted b}' the laws of the 
 United States. 
 
 Mar. 2, 1895. This Act shall not be construed to require the remeas- 
 
 (2HSiat.,7i,s.) xxveva^nt of any American vessel duly measured l)efore 
 April first, eighteen hundred and ninet3^-tive; but upon 
 application by the owner of any such vessel collectors of 
 customs shall cause such vessel, or the spaces to be de- 
 ducted, to be measured according to the provisions of this 
 Act, and if a new register is not issued the statement of 
 such remeasurement shall be attached by an appendix to 
 the outstanding register or enrollment with a certificate of 
 the collector of customs that the original estimate of ton- 
 nage is amended pursuant to this Act. 
 
 Vessels exempt The provisious foregoing relating to the measurement 
 mJiit! °^?'^*"''*^" of vessels shall not be deemed to appl}^ to any vessel not 
 
 A'. .S'., ^5^2. required by law to be registered, or enrolled, or licensed, 
 unless otherwise specially provided. 
 
 Measurement Whenever it is made to appear to the Secretary of Coni- 
 °"r.s!fii5r*''^'^' nierce and Labor that the rules concerning the measure- 
 
 t^Tstat^^sob ) ™6nt for tonnage of vessels of the United States have been 
 
 tiec.^a. ■' substantially adopted by the government of any foreign 
 
 country, he may direct that the vessels of such foreign 
 country be deemed to be of the tonnage denoted in their 
 certificates of register or other national papers, and there- 
 upon it shall not be necessary for such vessels to be 
 remeasured at any port in the United States; and when it 
 shall be necessary to ascertain the tonnage of any vessel 
 not a vessel of the United States, the said tonnage shall be 
 ascertained in the manner provided b}^ law for the measure- 
 ment of vessels of the United States. 
 
 «An(l also the measurement of spaces and gross and net tonnage, 
 by act of January 21, 1895 (28 Stat., 636J. 
 
BUREAU OK NAVIGATION 171 
 
 DOCUMENTS OF VESSELS 
 
 lu oicliT to the ivuistry of 11113' vos.sol built within ,|,'.;;,^|;;;''''^^'"''' '■^''■■ 
 the Unitetl States, it .shall be necessary to produce a Ji.s.lu/,?. 
 (•(>rtiticate, under the hand of the principal or master 
 carpoiiter, by whom or under whose direction the vessel 
 has l)een l)uilt, testifyino- that she was built by him or 
 under his direction, and sp(>cit'yini>" the i)lacc wher(% the 
 time when, and the person for whom, and describing- her 
 l)uild, nuinl)er of decks and masts, leno-th, ])readth, dc^pth, 
 tonnage, and such other circumstances as are usually de- 
 scriptive of the identity of a vessel; which certificate shall 
 be sutiicient to authorize the removal of a new vessel from 
 the district where she may 1)6 ))uilt to another district in 
 the same or an adjoining State, where the owner actually 
 resides, provided it be with ballast only. 
 
 In order to the registrv of any vessel, an oath shall be ^'^\I' "/;"""'''■ 
 Uikon and subscribed by the owner, or by one of the owners 
 thereof, l)efore the officer authorized to make such reg'istr}^ 
 declaring, according to the best of the knowledge and belief 
 of the person so swearing, the name of such vessel, her 
 burden, the place where she was built, if built within the 
 United States, and the year in which she w^as built; or that 
 she has been captured in war, specifying the time, by a 
 citizen of the United States, and lawfull}^ condemned as 
 prize, producing a copv of the sentence of condemnation, 
 authenticated in the usual forms; or that she has been 
 adjudged to be forfeited for a breach of the laws of the 
 United States, producing a like copy of the adjudication of 
 forfeiture; and declaring his name and place of abode, and 
 if he be the sole owner of the vessel, that such is the case; 
 or if there bo another owner, that there is such other owner, 
 specifying his name and place of abode, and that he is a 
 citizen of the United States, and specifying the proportion 
 belonging to each owner; and where an owner resides in a 
 foreign country, in the capacity of a consul of the United 
 States, or as an agent for and a partner in a house or 
 copartnership consisting of citizens of the United States, 
 actually carrying on trade within the United States, that 
 such is the case, that the person so swearing is a citizen of 
 the United States, and that there is no subject or citizen 
 of any foreign princeorstate, directly or indirectly, by w^ay 
 of trust, confidence, or otherwise, interested in such vessel, 
 or in the prolits or issues thereof; and that the master 
 thereof is a citizen, naming the master, and stating the 
 means whereby or manner in which he is a citizen. 
 
 If anv of the matters of fact alleged in the oath taken ^'- •'^'- '^^■''^■ 
 l>y an owner to obtain the registry of any vessel, which 
 within the knowh^lge of the party so swearing are not 
 true, there shall be a forfeiture of the vessel, together 
 with her tackle, apparel, and furniture, in respect to which 
 the oath shall have been made, or of the value thereof, to 
 be recovered, with the costs of suit, of the person bj- whom 
 the oath was made. 
 
172 BUREAU OF NAVIGATION 
 
 cuizenlhi'p'^^^"^ ^^ ^^^^ master of a vessel is within the district where a 
 E. ,s'., iid. registry thereof is to ))e made, when application is made 
 for registering the same, he shall himself, instead of the 
 owner, or of the agent or attorney, as hereinafter men- 
 tioned, make oath touching his being a citizen, and the 
 means whereby or manner in which he is a citizen; in 
 which case, if the master shall knowingly swear to any- 
 thing untrue, no forfeiture of the vessel, on account of 
 such false oath, shall be incurred, but the master shall be 
 liable to a penalty of one thousand dollars. 
 Place of regis- Evcry vcsscl, cxccpt as hereinafter provided, shall be 
 A', s., /.lAi. registered by the collector of that collection district which 
 includes the port to which such vessel shall belong at the 
 time of her registry; which port shall be deemed to be 
 that at or nearest to which the owner, if there be but one, 
 or, if more than one, the husband or acting and managing- 
 owner of such vessel, usually resides. 
 R. s., 1,159. Whenever any citizen of the United States purchases or 
 
 becomes owner of any vessel entitled to be registered, such 
 vessel being within any district other than the one in which 
 he usually resides, such vessel shall be entitled to be regis- 
 tered by the collector of the district where she ma}^ be, at 
 the time of his becoming owner thereof, upon his complying 
 with the i^rovisions hereinbefore prescribed, in order to the 
 registr}^ of vessels. And the oath which is required to be 
 taken may, at the option of such owner, be taken either 
 before the collector of the district comprehending the port 
 to which such vessel may belong, or before the collector 
 of the district within which such vessel may be, either of 
 whom is hereby empowered to administer such oath. 
 R. s., iiGo. Whenever any vessel, registered in pursuance of the pro- 
 
 visions of the preceding section, shall arrive within the 
 district comprehending the port to which she belongs, the 
 certiticate of registry, so obtained, shall be delivered up to 
 the collector of such district, who upon the requisites of 
 this Title [R. S., 4131-4305] in order to the registry of 
 vessels, being complied with, shall grant a new one in lieu 
 of the first. The certificate so delivered up shall forth- 
 with be returned by the collector who receives the same, 
 to the collector who granted it. If the first-mentioned cer- 
 tificate of registry is not delivered up, as above directed, 
 the owner and the master of such vessel, at the time of her 
 arrival within the district comprehending the port to which 
 she may belong, shall severally be lial)le to a penalty of 
 one hundred dollars, and the certificate of registry shall 
 be thenceforth void. 
 R. s., i.m. Whenever any vessel entitled to be registered is pur- 
 
 chased by an agent or attorney for or on account of a cit- 
 izen of the United States, such vessel being in a district of 
 the United States more than fifty miles distant, taking the 
 nearest usual route by land, from the one comprehending 
 the port to which, ])y virtue of such purchase, and bv force 
 of this Title [R. S., 4131-430.5], such vessel ought to ))e 
 deemed to belong, it shall be lawful for the collector of the 
 
BUREAU OF NAVIGATION 17*3 
 
 district where such vessel may be, and he is hereby required 
 upon the application of such agTiit or attorney, to proceed 
 to the rt\oistcrino- of the vessel, the ayent or attorney lirst 
 C'oniplviiiu". on behalf and in the stead of the owner thereof, 
 with the re([uisites pi'csrribed by tiiis Title in order to the 
 registry of vessels, except that, in tiie oath taiciMi ])y the 
 au'ciit or attorney, instead of swearino^ that he is owniM' or 
 an owner of such vessel, he shall swear that he is aj^ent or 
 attorney for the owner thereof, and that he has, in g-ood 
 faith, purchased the vessel for the person whom he names 
 and describes as the owner thereof. 
 
 \\'henever any vessel reg-istered in pursuance of the pro- ^''- ■''•. 'm^. 
 visions of the prtH-cMlino- section, shall arrive within the 
 district eoniprehendino- the port to which she belon<>-s, the 
 rertiticate of ret;-isti-v so obtained shall be delivered u]) to 
 the collector of such district, who, upon the re(|uirenicnts 
 of this Title |R. S., -ilSl— 1305] in order to the registry 
 of vessels being complied with, shall grant a new one in 
 lieu of the first. The certiticate, so delivered up, shall 
 forthwith be returned to the collector, who shall transmit 
 the same to the collector who granted it. If the lirst- 
 nanied certificate of registr}^ is not delivered up, as above 
 directed, the owner and the master of such vessel, at the 
 time of her arrival within the district comprehending the 
 port to which she may belong, shall severall}' be liable to 
 a penalt}' of one hundred dollars, and the certificate of 
 registry shall be thenceforth void. 
 
 If any of the matters of fact alleged in the oath taken ^- ■'■'•. ^^^5. 
 l)y an agent or attorney to olitain the registry of a vessel 
 which are within the knowledge of the party so swearing, 
 are not true, there shall l)e a forfeiture of vessel, together 
 with her tackle, apparel, and furniture, in respect to which 
 the same was made, or of the value thereof, to be recovered, 
 with costs of suit, of the person bv^ whom such oath was 
 made. 
 
 \\'hen the several matters hereinbefore required, in order ^^^.f"™ "^ '■''^**' 
 to the registering of an}^ vessel, have been complied with, ji. s., 1,155. 
 the collector of the district comprehending the port to 
 which she ])elongs shall make and keep in some proper book 
 a registry thereof, and shall grant a certificate of such reg- 
 istry, as nearly as may be, in the form following: 
 
 In pursuance of chapter one. Title XL VIII, "Regula- 
 tion OF Co:m:meiice and NAViCiATiON," of the Revised 
 Statutes of the I'nited States, (inserting here the name, 
 occupation, and place of abode of the person by whom the 
 oath was made), having taken and subscri1)ed the oath 
 reciuired by law, and having sworn that he (or she, and if 
 more than one owner, adding the words, "together with," 
 and the name or names, occupation or occupations, place 
 or })laces of abode, of the owner or owners, and the part or 
 proportion of such vessel belonging to each owner) is (or 
 are) the only owmu- (or o-svium's) of the vessel called the 
 (inserting here her name), of (inserting here the port to 
 which she may belong), whereof (inserting here the name 
 
174 BTJEEAU OF NAVIGATION 
 
 of the master) is at present master, and is a citizen of the 
 United States, and that the said vessel was (inserting here 
 when and where built), and (inserting here the name and 
 office, if any, of the person b_y whom she shall have been 
 surveyed or measured) having certified that the said ves- 
 sel has (inserting here the numlier of decks) and (insert- 
 ing here the number of masts), and that her length is (in- 
 serting here the number of feet), her breadth (inserting 
 here the number of feet), her depth (inserting here the num- 
 ber of feet), and that she measures (inserting here her num- 
 ber of tons); that she is (describing here the particular kind 
 of vessel, whether ship, brigantine, snow, schooner, sloop, 
 or whatever else, together with her build, and specifying 
 whether she has any or no gallery or head); and the said 
 (naming the owner, or the master, or other person acting 
 in behalf of the owner or owners, by whom the certificate 
 of measurement has been countersigned, as aforesaid) 
 fif-J'': ^gff\ having agreed to the description and measurement above 
 specified, according to law, the said vessel has been duly 
 registered at the port of (naming the port where registered). 
 Given under my hand and seal, at (naming the said port), 
 this (inserting the particular da}") day of (naming the 
 month), in the 3"ear (specifying the number of the year, in 
 words at length). 
 B. s., 1,156. When the master of such vessel himself makes oath touch- 
 
 ing his being a citizen, the wording of the certificate shall 
 be varied so as to be conformable to the truth of the case. 
 Where a new certificate of registry is granted in conse- 
 quence of any transfer of a vessel, the words shall be so 
 varied as to refer to the former certificate of registry for 
 her measurement. 
 R. s.,/-,m. The collector of each district shall progressively number 
 
 the certificates of the registry by him granted, beginning 
 anew at the commencement of each year, and shall enter 
 an exact copy of each certificate in a book to l)e kept for 
 that purpose; and shall, once in three months, transmit 
 '(23'stat^m ) ^^ ^^^^ Commissioner of Navigation copies of all the certifi- 
 ^c'.^2. " cates which shall have been granted by him, including the 
 
 number of each. 
 R.s.,ui67. It shall be the duty of the Secretary of Commerce and 
 
 (ss'siaiUfy.) Labor to cause to be provided blank certificates of registry, 
 scc.w. and such other papers as may be necessary, executed in 
 
 such manner and with such marks as he may direct. No 
 certificate of registry shall be issued, except such as shall 
 have been so provided and marked. 
 Fch."u!'i9m. The Secretary of Commerce and Labor shall cause to 
 (32 Stat., 82!).) bc transmitted, from time to time, to the collectors of the 
 several districts, a sufficient number of forms of the certifi- 
 {23%at., lis.) cates of registr}^, attested under the seal of the Department 
 of Commerce and Labor and the hand of the Commissioner 
 of Navigation, with proper blanks, to be filled by the col- 
 lectors, respectively, by whom also the certificates shall be 
 signed and sealed, before the}" are issued; and where there 
 is a naval officer at any port, they shall be countersigned 
 
BUREAU OB' NAVIGATION l75 
 
 by him; and where there is a surveyor, but no nayal 
 oilioer, thoy shall ])e eountersionod by him. A copy of 
 each certiricate issued shall l)e transmitted to the Conunis- 
 sioiierof Navio'ation, who shall cause a record to be kept 
 of the same. 
 
 A certificate of reoistry shall be solely used for the yes- f'"stody and 
 
 , . 1 • 1 • ^ • 4^ ■ 1 I 111 • i. 1 111 J. surrender of reg- 
 
 sel tor whicii it is ^ranted, and sliall not be sold, lent, orister. 
 otherwise disposed of, to any person whomsoever; and in jim''ii;!'js!)fi. 
 case the vessel so registered shall be lost, or taken ])y an <-•'>' '^vat.fc'i.) 
 enemy, burned, or broken up, or shall l)e otherwise pre- 
 vented from returning" to the port to which she may belong, 
 tlie certificate, if preserved, shall be delivered up within 
 eight days after the arrival of the master or person having 
 the charge or command of such vessel within any district 
 of the United States, to the collector of such district; and 
 if any foreigner, or any person for the use and benefit of 
 such foreigner, shall purchase or otherwise become entitled 
 to the whole, or any part or share of, or interest in such 
 vessel, the same ])eing within a district of the United States, 
 the certificate shall, within seven days after such purchase, 
 change, or transfer of property, be delivered up to the col- 
 lector of the district; and if any such purchase, change, 
 or transfer of property' shall happen when such vessel shall 
 l>e at any foreign port or place, or at sea, then the master 
 or person having the charge or command thereof shall, 
 within eight days after his arrival within any district of 
 the United States, deliver up the certificate to the collector 
 of such district. Any master or owner violating the provi- 
 sions of this section shall be liable to a penalt}' of not ex- 
 ceeding five hundred dollars, and the certificate of registry 
 shall be thenceforth void. The Secretary of Commerce fshtatfsil.) 
 and Labor shall have the power to remit or mitigate such *«■ ^o. 
 penalty if in his opinion it was incurred without willful 
 negligence or intention of fraud. 
 Keoisters for vessels owned by any incorporated com- Registers to 
 
 » , . 1 • - 1 * J? J.1 ' • 1 J. corporations. 
 
 pany may be issued in the name qt the president or secre- n- s., usr. 
 tary of such company; and such register shall not be 
 vacated or atiected b}" sales of any shares of stock in such 
 company. 
 
 Upon the death, ren^ioval, or resignation of such presi- ^- ''•• ^^^■^■ 
 dent or secretaiy of any incorporated company owing any 
 vessel, a new register shall be taken out for such vessel. 
 
 Previous to granting a register for an}' vessel owned by f,;,;/,^';^' 
 any incorporated companA^ or by an individual or indi- \^^i^iat.,3!js) 
 viduals, the president or secretary of such company, or ^^^'' ^' 
 any other ofiicer or agent thereof, duly authorized ])y said 
 company in writing, attested by the corporate seal thereof, 
 to act for the company in this behalf, or the managing- 
 owner, or his agent duh' authorized by power of attorney, 
 when such vessel is owned by an individual or individuals, 
 shall swear to the ownership of the vessel without desig- 
 nating the names of the persons composing the comi)any, 
 when such vessel is owned by a corporation, and the oath 
 of either of said ofiicers or agents shall be deemed sufficient 
 
176 BUREAU OF NAVIGATION 
 
 without requiring the oath of any other person interested 
 and concerned in such vessel. 
 Change of Whenever it appears, by satisfactorj^ proof, to the Com- 
 K.%.\ umu. missioner of Navigation that any vessel has been sold and 
 i^sstatHfis.) transferred by process of law, and that the register of such 
 iiec.2. vessel is retained by the former owner, the Commissioner 
 
 may direct the collector of the district to which such ves- 
 sel may belong to grant a new register, under such sale, 
 on the owners complying with such terms and conditions 
 as are l)y law required for granting such papers; excepting 
 only the delivering up of the former certificate of registr}^. 
 But nothing in this section shall be construed to remove 
 the liability of any person to any penalty for not surren- 
 dering the papers belonging to any vessel, on a transfer 
 or sale of the same. 
 j{. N., /.uMi. When any vessel, registered pursuant to any law of the 
 
 United States, shall, while she is without the limits of the 
 United States, ])e sold or transferred in whole or in pai't 
 to a citizen of the United States, such vessel on her first 
 arrival in the United States thereafter, shall be entitled to 
 all the privileges and benefits of a vessel of the United 
 States: j[*wvided, That all the requisites of law, in order 
 to the registry of vessels, shall be complied with, and a 
 new certificate of registry obtained for such vessel, within 
 three days from the time at which the master or other 
 person having the charge or command of >sucli vessel is 
 requi]*ed to make his final report upon her first arrival 
 afterward. 
 changeofbuiid. Whenever any vessel, which has been registered, is, in 
 M. s., im. -whole or in part, sold or transferred to a citizen of the 
 United States, or is altered in form or burden, by being 
 lengthened or built upon, or from one denomination to 
 another, by the mode or method of rigging or fitting, the 
 vessel shall be registered anew, by her former name, 
 according to the directions hereinbefore contained, other- 
 wise she shall cease to be deemed a vessel of the United 
 States. The former certificate of registry of such vessel 
 shall be delivered up to the collector to whom application 
 July a, iss!,. for such new registry is made, at the time that the same is 
 
 i'^S Stat lis ) • *^ - • 
 
 Sec'. 2. ' made, to be by him transmitted to the Commissioner of 
 
 Navigation, who shall cause the same to be canceled. In 
 every such case of sale or transfer, there shall be some 
 instrument of writing, in the nature of a bill of sale, which 
 shall recite, at length, the certiticate; otherwise the vessel 
 shall ])e incapal)le of being so registered anew. 
 Change of When the master or person havino- the charge or com- 
 R.s.\ui7i. mand of a registered vessel is changed, the owner, or one 
 ol the owners, or the new master of such vessel, shall 
 report such change to the collector of the district where 
 the same has happened, or where the vessel shall first be 
 after the same has happened, and shall produce to him the 
 certificate of registry of such vessel, and shall make oath, 
 showing that such new master is a citizen of the United 
 States, and the manner in which or means whereby he is 
 
BUREAU OK NAVIGATION 177 
 
 so a citizon. Thereupon the collector shall indorse upon 
 the ccrtiticate of vej^-istry a nuMnonuiduni of such ciiaujife, 
 specify iiiu- the name of such new master, and shall sub- 
 scribe the nuMUorandum with his name; and if other than 
 the collector of the district by whom the certiticate of rej^- 
 istry was oranted, shall ti'ansniit a copy of the memoran- 
 (hun to him, with notit-e of the i)articular vessel to which 
 it relates; and the collector of the district, by whom the 
 certiticate shall have been ^'ranted, shall make a like mem- 
 orandum of such change in his book of registers, and shall 
 transmit a copy thereof to the Commissioner of Naviga- JuJh r,. jssr.. 
 tion. If the cluuige is not reported, or if the oath is not .'sw'.X''' "'^'^ 
 taken, as above directed, the registry of such vessel shall 
 ])e void, and the master or person having the charge or 
 connnand of her shall be liable to a penalty of one hundred 
 dollars. 
 
 No bill of sale, mortgage, hj^pothecation, or conveyance Mortgage and 
 of any vessel, or part of an}' vessel, of the United States, ^^\%^^lm. 
 shall be valid against any person other than the grantor or 
 mortgagor, his heirs and devisees, and persons having 
 actual notice thereof, unless such bill of sale, mortgage, 
 hypothecation, or convevance is recorded in the office of 
 the collector of the customs where such vessel is registered 
 or enrolled. The lien b}' ])ottomi-v on any vessel, created 
 during her vo}\age, by a loan of money or materials neces- 
 sarv to repair or enable her to prosecute a voyage, shall 
 not. however, lose its priority, or be in any waj' affected 
 l)y the provisions of this section. 
 
 The collectors of the customs shall record all such bills r.s.,ws. 
 of sale, mortgages, hj^pothecations, or conveyances, and, 
 also, all certificates for discharging and canceling any such 
 conve3"ances, in books to be kept for that purpose, in the 
 order of their reception; noting in such books, and also 
 on the l)ill of sale, mortgage, hypothecation, or convej^ance, 
 the time wdien the same was received; and shall certify on 
 the bill of sale, mortgage, hvpothecation, or conveyance, or 
 certificate of discharge or cancellation, the number of the 
 l)ook and page wdiere recorded; but no bill of sale, mort- June 19,1m. 
 gage, hypothecation, conveyance, or discharge of mortgage ^~'^ *'"*'' ^'^'^ 
 orother incum])ranceof any vessel, shallbe recorded, unless 
 the same is duly acknowledged before a notary pu))lic or 
 other officer authorized to take acknowledgment of deeds. 
 
 The collectors of the customs shall keep an index of such n- s., /.in/,. 
 records, inserting alphabetically the names of the vendor 
 or mortgagor, and of the purchaser or mortgagee, and shall 
 pernnt such index and books of records to be inspected 
 during ofHce hours, under such reasonable regulations as 
 they may estal)lish, and shall, when required, furnish to 
 any person a certificate, setting forth the names of the 
 owners of any vessel registered or enrolled, the parts or 
 proportions owned by each, if inserted in the register or 
 enrollment, and also the material facts of an}' existing bill 
 of sale, mortgage, hypothecation, or other incumbrance 
 upon such vessel, recorded since the issuing of the last 
 27628—04 12 
 
Sale to alien. 
 
 178 BUBEAU OF NAVIGATION 
 
 flTstat ^so^) i'6gister or enrollment, viz, the date, amount of such i ncuin- 
 brance, and from and to whom or in whose favor msiide. 
 
 B. s., U95. The collectors of the customs shall furnish certified copies 
 
 of such records, on the receipt of fifty cents for each bill of 
 sale, mortgage, or other conveyance. 
 
 R.s.,ui96. ^\Y |j|]jg qJ^ j^^jg Q-f yessels registered or enrolled, shall 
 
 set forth the part of the vessel owned by each person sell- 
 ing, and the part conveyed to each person purchasing. 
 
 If any vessel registered as a vessel of the United States 
 shall be sold or transferred, in whole or in part, by way 
 of trust, confidence, or otherwise, to a subject or citizen of 
 any foreign prince or state, and such sale or transfer shall 
 not be made known, as hereinbefore directed, such vessel, 
 together with her tackle, apparel, and furniture, shall be 
 forfeited. If such vessel, however, be so owned in part 
 only, and it is made to appear to the jury before whom the 
 trial for such forfeiture is had, that any other owner of such 
 vessel, being a citizen of the United States, was wholly 
 ignorant of the sale or transfer to or ownership of such 
 foreign subject or citizen, the share or interest of such citi- 
 zen of the United States shall not be subject to such for- 
 feiture, arid the residue only shall be so forfeited. 
 ^^Loss of regis- Whenever the certificate of the registry of any vessel is 
 
 R. .s'., W67. lost, destroyed, or mislaid, the master, or other person 
 having the charge or command thereof, may make oath 
 before the collector of the district where such vessel shall 
 first be after such loss, destruction, or misla^dng, in the 
 form following: "I, (inserting here the name of the per- 
 son swearing), being master (or having the charge or com- 
 mand) of the ship or vessel called the (inserting the name 
 of the vessel), do swear (or affirm) that the said vessel hath 
 been, as I verily believe, registered according to law, by 
 the name of (inserting again the name of the vessel), and 
 that a certificate thereof was granted by the collector of 
 the district of (naming the district where registered), 
 w^hich certificate has been lost (or destroyed, or uninten- 
 tionally and by mere accident mislaid, as the case may be); 
 and (except where the certificate is alleged to have been 
 destroyed) that the same, if found again, and within my 
 power, shall l)e delivered up to the collector of the district 
 in which it was granted." Such oath shall be subscribed 
 by the party making the same; and upon such oath being 
 made, and the other recjuisites of this Title [R. S. , 4181- 
 4305] in order to the registry of vessels being complied 
 with, it shall lie lawful for the collector of the district 
 before whom such oath is made, to grant a new register, 
 inserting therein that the same is issued in lieu of the one 
 lost or destro^^ed. 
 
 R.s.,/,i6s. Whenever a register is granted in lieu of one lost or 
 
 destroyed, by any other than the collector of the district to 
 which the vessel actually belongs, such register shall, 
 within ten days after her first arrival within the district 
 to which she belongs, ])e delivered up to the collector of 
 such district, who shall, thereupon, grant a new register in 
 
BUREAU OF NAVIGATION iTU 
 
 lion thorcof. And in case tlio mustor or connntindcr shall 
 nculoct to doliver up such ro»j;-ist(n- within the time above 
 niiMitioned, he shall ))e liable to a penalty of one hundred 
 dollars; and the former register shall become null and void. 
 
 ]n everv case in which a vess(d is re(|uired to be reo-istered ,. '''''''"'"^' '" 'le- 
 
 . , • 1 ,1 .1 • . 1 1 7 II 1 Ivor former rcg- 
 
 anew, it she shall not be so reoistered anew, sbe shall notistcr. 
 be entitled to any of the ]irivileg-es or benetits of a vessel ^^- '^■^ '•^'''•'■ 
 of the Ignited States. And if her former certificate of reg- 
 istry is not delivcn^l uj), exce})t where the same may have 
 been destroyed, lost, or unintentionally mislaid, and an oath 
 thereof shall have been made, as herein])efore prescribed, 
 the owner of such vessel shall be liable to a penalt}' of tivc 
 hundred dollars, to be recovered, with costs of suit. 
 
 EA-ery cin-titicate of registry which is delivered up to a j,p|^''>!j'^J;"^^'^^^""of 
 collector on the loss, destruction, or capture of a vessel, or R- i^.,'i>i7!t. 
 the transfer thereof to a foreigner, shall be forthwith trans- '[^s''^lat^f{s ) 
 nutted to the Commissioner of Navigation to be canceled; scc.^. 
 who. if the same shall have Iteen delivered up to a collector 
 other than of the district in which it was granted, shall 
 caus(> notice of such deliver}^ to be given to the collector of 
 such district. 
 
 Whenever the master or owner of a vessel shall deliver ^^- ''■' ^^^•''>- 
 up the register of such vessel, agreeably to the provisions 
 of this Title [R. S., 4131-4805], if to the collector of the 
 district where the same was granted, the collector shall 
 thereupon cancel the bond which shall have been given at Jan m.isoa. 
 
 ,, ,. i ,. ,. , . , ... , ,, 11 i. J! {2S Stat., 62U.) 
 
 the tune of grantmg such register; or it to the collector or 
 any other district, such collector shall grant to the master, 
 commander, or owner, a receipt or acknowledgment that 
 such register has been delivered to him, and the time when; 
 and upon such receipt being produced to the collector by 
 whom the register was granted, he shall cancel the bond 
 of the party, as if the register had been returned to him. 
 [Note. — Bonds abolished Januaiy 16, 1895. This section 
 •applies only to outstanding bonds.] 
 
 The collectors of the several districts may enroll and jj.£]^g*"^''^ "^ 
 license any vessel that may be registered, upon such regis- R- *'., a-j^.^ 
 try being given up, or may register any vessel that may be 
 enrolled, upon such enrollment and license being given up. 
 
 When any vessel shall be in any other district than the R- ■"'■• '*-^~^- 
 one to which she belongs, the collector of such district, on 
 the ai)[)lication of the master thereof, and upon his taking 
 an oath that, according to his best knowledge and belief, 
 the property remains as expressed in the register or enroll- 
 ment i)roposed to be given up, shall make the exchange of "[T^-j^^i ^ff;. 
 an (Mirollment for a register or a register for an enrollment; 
 but in every such case, the collector to whom the register 
 or enrollment and license may be given up shall transmit 
 the same to the Commissioner of Navigation; and the reg- Juiy.'i. mi. 
 ister, or enrollment and license, granted in lieu thereof, ' ' 
 shall, within ten days after the arrival of such vessel within 
 th(! district to which she ))elongs, be delivered to the col- 
 lector of the district, and be by him canceled. Jf the mas- 
 ter shall neglect to deliver the register or enrollment and 
 
R. S., 1,312 
 
 180 BUKEAU OF NAVIGATION 
 
 license within such time, he shall be liable to a penalt}^ of 
 one hundred dollars. 
 Method of en- Jj^ order for the enrollment of any vessel, she shall pos- 
 
 rollment and ., !•,• a- i ji • / • 
 
 license. sess the sauio qualmcations, and the same requirements in 
 
 all respects shall be complied with, as are required before 
 registering- a vessel; and the same powers and duties are 
 conferred and imposed upon all officers, respectively, and 
 the same proceedings shall be had, in enrollment of ves- 
 sels, as are prescribed for similar cases in registering; and 
 vessels enrolled, with the masters or owners thereof, shall 
 be subject to the same requirements as are prescribed for 
 registered vessels. 
 Oath of master ^q licensed vesscl shall be emiDloyed in any trade whereby 
 
 fin(i owner. • - *"^ ■ *^ 
 
 a. s., i32o. the revenue laws of the United States shall be defrauded. 
 The master of every such vessel shall swear that he is a citi- 
 zen of the United States, and that such license shall not be 
 used for any other vessel or any other emplo3'ment than 
 that for which it was speciallj^ granted, or in any trade or 
 business whereby the revenue of the United States may be 
 defrauded; and if such vessels be less than twenty tons 
 burden, the husljand or managing owner shall swear that 
 she is wholly the propert}^ of citizens of the United States; 
 whereupon it shall be the duty of the collector of the dis- 
 trict comprehending the port whereto such vessel may belong 
 Jan. 16, 1S95 to grant a license. Any master or owner violating the pro- 
 gsstat, 625.) y[^[QYi^ of t^jig section shall l)e liable to the penalty of two 
 hundred dollars, in addition to any other penalty imposed 
 Feb. u, 1903. by law. The Secretary of Commerce and Labor shall have 
 !&c.'m'" *~^'^ power to remit or mitigate any such penalty if in his opin- 
 ion it was incurred without negligence or intention of fraud. 
 it^s ussi, -^^^ vessels su])ject to enrollment or license shall be liable 
 
 June 19, 1886. to the payment of the fees established l)y law for services 
 (% Stat., 79.) ^f customs officers incident thereto. [See page 239.] 
 rofiment °^ '^"" '^^^^ rccord of the enrollment of a vessel shall be made, 
 R.s.,m9. and an abstract or copy thereof granted, as nearly as may 
 be in the following form: ["J Enrollment. In conformity 
 to Title L, [K. S. 4311-4390] 'Recjulation of vessels in 
 DOMESTIC COMMERCE,' of the Roviscd statutes of the 
 United States, (inserting here the name of the person, with 
 his occupation and place of abode, by whom the oath or 
 affirmation is to be made,) having taken and su}>' jribed the 
 oath (or affirmation) required by law, and havi.g sworn (or 
 affirmed) that he (or she, and if more than one owner adding 
 the words ' together with,' and the name or names, occupa- 
 tion or occupations, place or places of abode [,] of the owner 
 or owners, and the part or proportion of such vessel belong- 
 ing to each owner) is (or are) a citizen (or citizens) of the 
 United States, and sole owner (or owners) of the ship or 
 vessel called the (inserting here her name), of (inserting 
 here the name of the port to which she may belong), 
 whereof (inserting here the name of the master) is at pres- 
 ent master, and is a citizen of the United States, and that 
 the said ship or vessel was (inserting here when and where) 
 built, and (inserting here the name and office, if any, of 
 
BUREAU OB^ NAVIGATION 181 
 
 the porsoii l>v whom she shiiU have boon survoyed and 
 iiicasiirt'd), luniui;- cortitied that th(^ said sliip oi- vcsscd has 
 (insertiiiii" hove the minil)er of decks), and (insertiiio- lierc 
 tlie niiinher of masts), and tliat her k'n<;th is (inserting- 
 liere the num])er of feet), her l)readth (inserting- here the 
 number of feet), her depth (inserting- hero the niunber of 
 feet), and that she measures (inserting- here her number of 
 tons); that she is (describing- here the particukir kind 
 of vessel, whether ship, brig-antine, snow, schooner, sloop, 
 or whatever else, together with her build, and speeitying 
 whether she has any or no gallery or head), and the said 
 (nainingthcownier or the master, or other person acting in 
 b(>half of the owner or owners, hy whom the certificate 
 of measurement shall have been countersig-ned), having 
 agreed to the description and measurement above specified, 
 according to the said Title, the said ship or vessel has been 
 duly enrolled at the port of (naming the port where fis'stailett) 
 enrolled). Given under my hand and seal, at (naming the 
 said port), this (inserting the particular day) day of (nam- 
 ing the month), in the year (specifying the numl)er of the 
 year, in words, at length).'' 
 
 The form of a license for carrying on the coasting-trade Form of li- 
 or fisheries shall l)e as follows: n. ,s., /,s2i. 
 
 "License for carrying- on the (here insert 'coasting 
 trade,' 'whale-fishery,' 'mackerel-fishery,' or 'cod-fishery', 
 as the case may be). 
 
 "In pursuance of Title L [R. S. , 4311-l:30( )] , ' Regulation 
 OF VESSELS IN DOMESTIC COMMERCE,' of the Revised Stat- 
 utes of the United States, (inserting here the name of the 
 husl)and or managing owner, with his occupation and place 
 of abode), and the name of the master, with the place of his 
 a))ode, having [given bond] that the (insert here the de- -JaniGisys 
 scription of the vessel, whether ship, brigantine, snow, 
 schooner, sloop, or whatever else she may be), called the 
 (insert here the vessel's name), whereof the said (naming 
 the master) is master, burden (ii'isert here the number of 
 tons, in Avords) tons, as appears by her enrollment, dated 
 at (naming the district, day, month and year, in words at 
 length, but if she be less than twenty tons, insert, instead 
 thereof, 'proof being had of her admeasurement') shall 
 not be employed in any trade, Avhile this license shall con- 
 tinue in force, wJiereby the revenue of the United States 
 shall be defrauded, and having also sworn (or affirmed) 
 that this license shall not be used for any other vessel, or 
 for any other employment, than is herein specified, license 
 is hereby granted for the said (inserting here the descrip- 
 tion of the vessel) called the (inserting here the vessel's 
 name.) to be employed in carrying on the (inserting here 
 'coasting-trade,' 'whale-fishery,' ' mackerel-fisher}-,' or 
 ' cod-fisher}^', as the case may be), for one year from the 
 date hereof, and no longer. Given under mv hand and 
 seal at (naming the said district), this (inserting the par- 
 ticular day), day of (naming the month), in the year (speci- 
 fying- the nuni])er of the year in words at length)." 
 [Bonds abolished Jan. 1(5, 18!<5.J 
 
cense 
 
 cense. 
 
 182' BUREAU OF NAVIGATION 
 
 K. s., 1,333. ^\^Q collector of each district .shall progressively number 
 
 the licenses by him granted, beginning anew at the com- 
 mencement of each j'ear, and shall make a record thereof 
 in a book, to be by him kept for that purpose, and shall, 
 
 f2%fat^^ns ) once in three months, transmit to the Commissioner of 
 Navigation copies of the licenses which shall have been so 
 granted by him; and also of such licenses as shall have 
 been given up or returned to him, respectively, in pur- 
 suance of this Title [R. S., .1:311-4390]. Whenever any 
 vessel is licensed or enrolled anew, or being licensed or 
 enrolled is afterward registered, or being registered is 
 afterward enrolled or licensed, she shall, in every such 
 case, be enrolled, licensed, or registered by her former 
 name. 
 
 Duration of h- ^^ license, granted to any vessel, shall be considered in 
 
 ji. ,s., /.3-2/,. force any longer than such vessel is owned, and of the 
 description set forth in such license, or for carrying on 
 any other business or employment than that for which she 
 is specially licensed. 
 
 Surrender of li- --fhe liceusG granted to an}^ vessel shall be given up to 
 
 R. s., 1,325. the collector of the district who may have granted the 
 same, within three days after the expiration of the time 
 for which it was granted, in case such vessel be then within 
 the district, or if she be absent at that time, within three 
 da3\s from her first arrival within the district afterward, 
 or if she be sold out of the district, within three days after 
 the arrival of the master within any district, to the col- 
 lector of such district, taking his certihcate therefor; and 
 if the master thereof shall neglect or refuse to deliver up 
 the license, he shall be liable to a penalty of tifty dollars. 
 
 /i.s.,i32G. If <i,yiQ\x license, however, shall have been previously 
 
 given up to the collector of any other district, as author- 
 ized ])y this Title [R. S. , 4311-1300], and a certiticate thereof 
 under the hand of such collector be produced by such 
 master, or if such license be lost, or destroyed, or uninten- 
 tionally mislaid so that it cannot be found, and the master 
 of such vessel shall make and subscribe an oath that such 
 license is lost, destroyed, or unintentionally mislaid, as he 
 verily believes, and that the same, if found, shall be deliv- 
 ered up, as is herein required, then the penalty prescribed 
 in the preceding section shall not be incurred. If such 
 license shall be lost, destroy' ed, or unintentionally mislaid, 
 before the expiration of the time for which it was granted, 
 upon the like oath ])eing made and subscribed by the 
 master of such vessel, the collector, upon application being 
 made therefor, shall license such vessel anew. 
 
 R. s., 1,327. The owner of an}" licensed vessel may return such license 
 
 to the collector who granted the same, at any time within 
 the year for which it was granted; and thereupon the col- 
 lector shall cancel the same, and shall license such vessel 
 anew, upon the application of the owner, and upon the 
 conditions hereinbefore required being complied with. 
 aiKi" hVei'sl^'to Enrollments and licenses for vessels owned by an}^ incor- 
 ^'^TT^ms' porated company may be issued in the name of the presi- 
 
BUREAIt OF NAVIGATION 183 
 
 (lent or .socivtarv of such conipany; luul such curolhneuts 
 or Hcenses shall not ho vacated or atlected l)\' any sale of 
 shares of stock in such conii)any. 
 
 Previous to urantiuo'enrolhnent and license for any ves- j;,i^;'Jf/}yoj. 
 sel owned hy any incori)orated conipany, or hy any indi- (s.^ -^lut., syy.) 
 vidual or individuals, tlie president or secretarv of such 
 conipany, or any other officer or agent thereof, duU' au- 
 thorized hy said company in writing-, attested hy the cor- 
 porate seal thereof, to act in its ])ehalf, or the nianagiiig 
 owner, or his agent duly authorized hy power of attorney, 
 when such vessel is owned hy an individual or individuals, 
 shall swear to the ownership of such vessel without desig- 
 nating the names of the persons composing such company, 
 when such vessel is owned ))y a corporation, which otith 
 shall he deemed sufficient Avithout reijuiring the oath of 
 any other person interested or concerned in such vessel. 
 
 Upon the death, removal, or resignation of the president ^- •'''•- ''^'^''•■ 
 or secretary of any incorporated company owning an}" 
 steamhoat or vessel, a new enrollment and license shall he 
 taken out for such steamhoat or vessel. 
 
 Whenever it appears, hy satisfactory proof, to the Com-_^^^<^j^'i^i^"&e of 
 niissioner of Navigation that any vessel has heen sold and r. s'.._.',sj;). 
 transferred l)y process of law, and that the certificate of 'l!!3%at^'ns.) 
 enrollment or license of such vessel is retained hy the for- 
 mer owner, the Commissioner may direct the collector of 
 the district to which such vessel belongs to grant a new 
 certiticatc of enrollment or license, on the owner's, under 
 such sale, complying with such terms and conditions as are 
 hy law required for granting of such papers, excepting only 
 the delivering up of the former certificate of enrollment or 
 license. But nothing in this section shall be construed to 
 remove the liabilitv of any person to any penalty for not 
 surrendering up the papers belonging to any vessel, on a 
 transfer or sale of the same. 
 
 Whenever the master of any licensed vessel, ferrj'-boatSj^^^p*^^"^*^ °^ 
 excepted, is changed, the new master, or, in case of his i. s., /.sss. 
 absence, the owner or one of the owners thereof, shall 
 report such change to the collector residing at the port 
 where the same happens, if there be one; otherwise, to 
 the collector residing- at any port where such vessel next 
 arrives, w^ho, upon the oath of such new master, or, in case 
 of his absence, of the owner, that such master is a citizen 
 of the United States, and that such vessel shall not, while 
 such license continues in force, be employed in any man- 
 ner Avhereby the revenue of the United States may be 
 defrauded, shall indorse such change on the license, with 
 the name of the new master. Whenever such change is 
 not reported, and indorsed, as herein required, such ves- 
 sel, if found carrying on the coasting-trade or fisheries, 
 shall be subject to pay the same fees and tonnage as a ves- 
 sel of the United States having- a register, and the new 
 master shall be liable to a penaltv of ten dollars. 
 
 In every case where the collector is by this Title [R. S. , ^ c^^t^|;™^io,°,^y 
 4311-43'jdj directed to grant any enrollment, license, cer- ie. .s., 453^'. 
 
184 BUREAU OF NAVIGATION 
 
 tificate, permit or other document, the naval officer resid- 
 ing at the port, if there be one, shall sign the same; and 
 every surveyor who certifies a manifest, or grants any 
 permit or who receives any certified manifest, or any per- 
 mit, as is provided for in this Title, shall make return 
 thereof, monthly, or sooner, if it can convenientl}' be 
 made, to the collector of the district where such surveyor 
 resides. 
 outsi'de'^of"d'i's- Whenever it becomes necessary for the owner of an}^ 
 trict. vessel of the United States navigating the waters of the 
 
 Apr'.n%%/,. United States, and being in a district other than that to 
 
 (IS Stat., so.) which such vessel belongs, to procure her enrollment and 
 license, or license, or renewal thereof, the same proceedings 
 may be had in the district in which the vessel then is as 
 are required by law on application for such enrollment and 
 license, or license, or renewal thereof, as the case may be, 
 in the district to which such vessel belongs, excepting the 
 
 Jan. 16, 1S95. enrollment and issuance of license; and the officer before 
 
 {,28Stat..,G2it.) ^jjQ^^ swoh. proceeding is had shall certify the same to the 
 collector of the district to which such vessel belongs, who 
 shall thereupon duly enroll the vessel and issue license in 
 the same form as if the application had originally been 
 made in his office; and shall either deliver the license to 
 the owner, or forward it by mail to the officer who certi- 
 fied to him the preliminary proceedings; and in the latter 
 case, such officer shall deliver the license to the owner or 
 master of the vessel. 
 
 Special pro- The assistant collector at Jersey City may enroll and 
 roiiment^"'^a n'd Hccnse all vcsscls engaged in the coasting-trade and fish- 
 "Tls^'wio eries, owned in whole or in part by residents of the coun- 
 ties of Hudson and Bergen, in the State of New Jersey. 
 
 It H., /.i'yui. The assistant collector for the port of Camden, in New 
 
 Jerse}^, may enroll and license all vessels engaged in the 
 coasting-trade and fisheries, owned in whole or in part by 
 residents of that portion of the Bridgeton district lying 
 north of AUowaj^'s Creek, in the county of Salem, in the 
 State of New Jersey. 
 
 R. s.. 1,31,2. The owners of vessels residing on New River, in Onslow 
 
 County, in the State of North Carolina, shall have the 
 privilege of taking out registers or enrollments and licenses 
 at Wilmington, in that State, and the collector of that dis- 
 trict may grant the same on the conditions required by law. 
 
 R. s., ms. The deputy collector who may be appointed to reside at 
 
 Chesapeake City, in Maryland, shall have power to grant 
 enrollments and licenses to vessels.'^ 
 
 R. s., i3/.5. The surveyors appointed for the ports of Cold Spring, on 
 
 the north side of Long Island, Greenport and Port Jeli'er- 
 son, all in the State of New York, shall have power to 
 enroll and license vessels to be employed in the coasting 
 trade and fisheries, and to enter and clear, and grant reg- 
 isters and other usual papers to vessels employed in the 
 whale-fisheries, under such restrictions and regulations as 
 the Secretary of Commerce and Labor may deem necessary. 
 
 R.s.,/,3i6. Any surveyor who shall perform the duties directed to 
 
 « R. S. 4344, on page 253. 
 
BUREAU OK NAVIGATION 185 
 
 1)0 performed by the two preceding sections shall be entitled 
 to receive the sanie coniniissioiis :uul fees as are allowed by 
 law to collectors, for perforniino- the same duties. 
 
 Aiiv othcer concerned in the collection of the i"GVonue^,jJi!^^'',yj'jJ'[_'|[''j^iJ|| 
 mav at all times inspect the enrollment or license of any lucnse. 
 vessel; and if the master of any such vessel shall not ex- ^'- '-•• ^'^■*- 
 lijhit the same, when required ])v such officer, he shall be 
 Hal tie to a penalty of one hundred dollars. 
 
 Kverv vessel built in the United States, and belono-in'o- Recorci of 
 wholly or in part to the subjects of foreign powers, m order v.sscisou ikmi i.y 
 to be entitled to the benefits of a ship built and i"ecorded '^ j^'";;.; ^^^..^^ 
 in the United States, shall l)e recorded in the office of the 
 collector of the district in which such vessel was built, in 
 the manner following- : The builder of every such vessel shall 
 make oath l)efore the collector of such district in manner 
 following: ''I, (inserting here the name of such builder), of 
 (inserting here the place of his residence), shipwright, do 
 swear (or affirm) that (describing here the kind of vessel, 
 as Avhether ship, brig, scow, schooner, sloop, or whatever 
 else) named (inserting here the name of the ship or vessel), 
 having (inserting here the number of decks), and being in 
 length (inserting here the number of feet), in breadth (in- 
 serting here the number of feet), in depth (inserting here 
 the numl)er of feet), and measuring (inserting here the num- 
 l)or of tons), having (specifying whether anj^ or no) gallery, 
 and (also specifying whether any or no) head, was built by 
 me or under my direction at (naming the place, count}^, 
 and State), in the United States, in the year (inserting here 
 the numl)er of the year)." Which oath shall be subscribed 
 by the person making the same, and shall be recorded in a 
 book to be kept by the collector for that purpose. 
 
 The collector shall cause the vessel so built to be surveyed ^^- •'^'•. '^^''*^- 
 or measured, and the person by whom such measurement 
 is made shall grant a certificate thereof, as in the case of a 
 vessel to be registered, which certificate shall be counter- 
 signed by the builder, and by an 'owner or the master or 
 person having the command or charge thereof, or by some 
 other person being an agent for the owner thereof, in testi- 
 mony of tlie truth of the particulars therein contained. 
 
 A certiticate of the record, attested under the hand and ^'' ''■''*^^~- 
 seal of the collector, shall be granted to the master of 
 every such vessel, as nearly as may be, of the form fol- 
 lowing: "In pursuance of chapter one. Title XLVIII 
 I K. S., 4-131-4305], "Regulation of Commerce and Navi- 
 (iATioN." of the Revised Statutes of the United States, I, 
 (inserting here the name of the collector of the district), 
 of (inserting here the name of the district), in the United 
 States, do certify that (inserting here the name of the 
 builder), of (inserting here the place of his residence, 
 county, and State), having sworn (or affirmed) that the 
 (describing the ship or A^essel, as in the certiticate of record) 
 named (inserting here her name), whereof (inserting here 
 the name of the master) is, at present, master, was built at 
 (inserting here the name of the place, county, and State 
 
1^6 BUREAU OF NAVIGATION 
 
 where built), by him or under his direction, in the 3"ear 
 (inserting- here the number of the year); and (inserting 
 hero the name of the surveyor, or other person, by whom 
 the measurement shall have been made) having certified 
 that the said ship or vessel has (inserting here her number 
 of decks), is in length (inserting here the number of feet), 
 in breadth (inserting here the number of feet), in depth 
 (inserting here the number of feet), and measures (insert- 
 ing here the number of tons): And the said builder and 
 (naming and describing the owner, or master, or agent for 
 the owner or owners, as the case may be, by whom the said 
 certificate shall have been countersigned) having agreed to 
 the said description and admeasurement, the said vessel 
 has been recorded, in the district of (inserting here the 
 name of the district where recorded), in the United States. 
 Witness my hand and seal this (inserting here the day of 
 the month) day of (inserting here the name of the month), 
 in the year (inserting here the numl)er of the year)." 
 Which certificate shall be recorded in the office of the col- 
 
 Miy 5, iss!,. lector, and a duplicate thereof transmitted to the Commis- 
 
 (•sastat, us.) sioner of Navigation to be recorded in his office. 
 
 R. s., US3. Whenever the master or the name of a vessel so recorded 
 
 is changed, the owner, part owner, or consignee of such 
 vessel shall cause a memorandum thereof to be indorsed 
 on the certificate of the record, ])y the collector of the dis- 
 trict where such vessel may be, or at which she shall first 
 arrive if such change took place in a foreign countr}"; and 
 a copy thereof shall be entered in the book of records, a 
 transcript whereof shall be transmitted by the collector to 
 the collector of the district where such certificate was 
 
 Julys, is»/,. gi'tiiited, if not the same person, who shall enter the same 
 
 (2s'stat., us.) in his book of records, and forward a duplicate of such 
 entryto the Commissioner of Navigation; and in such case, 
 until the owner, part owner, or consignee shall cause the 
 memorandum to be made by the collector, in the manner 
 above prescribed, such vessel shall not be deemed a vessel 
 recorded, in pursuance of this Title [R. S., 4131-4305]. 
 
 R. s., hisi,. The master or other person having the command or 
 
 charge of any vessel, recorded in pursuance of this Title 
 [R. S., 4131-4305], shall, on entry of such vessel, produce 
 the certificate of such record to the collector of the district 
 where she is so entered; and in default thereof the vessel 
 shall not be entitled to the privileges of a recorded vessel. 
 
 Offenses against E\ cry collcctor or officcr who knowingly makes, or is 
 *^'*^'^I^*Ij«'''"^' concerned in making, any false register or record, or who 
 knowingly grants or is concerned in granting, any false 
 certificate of registr}^ or record of or for any vessel, or any 
 other false document whatever touching the same, contrary 
 to the true intent and meaning of this Title [R. 8. , 4131- 
 4305], or who designedly takes any other or greater fees 
 than are ])y this Title allowed, or who receives any volun- 
 tary reward or gratuity for any of the services performed, 
 pursuant thereto; and every surveyor or other person 
 appointed to measure any vessel, who willfully delivers to 
 
BUREAU OF NAVIGATION 187 
 
 any collector or naval ofticer a false description of such 
 vessel, to be re*;isterod or rrcordinl, shall he punishal)lc 
 by 51 tine of one thousand dollars, and lu^ rcMulerinl incapa- 
 ble of servino" in any office of trust or profit under the 
 United States. 
 
 If any person authorized and recjuired by this Title |K. K.f!.,/.m. 
 S., 41oi-4305j to perform, as an officer, any act or tliini;-, 
 willfully nei^-lects to do or perform the same, according; to 
 the true intent and meaning- of this Title, he shall, if not 
 «<ul>ject to the penalty and dis([ualitication prescribed in 
 the pret-ediuo- section, l)e punishable 1)V a tine of live hun- 
 dred dollars for the tirst ott'ense, and by a like tine for the 
 secoiul otl'ense, and shall thencidorth be rendered incapal)lc 
 of holding anv office of trust or profit under the United 
 States. 
 
 Whenever any certiticate of rej^-istrv, enrollment, or i-i. ,s., /,is9. 
 license, or other record or document granted in lieu thereof, 
 to any vessel, is knowingly and fraudulent!}' obtained or 
 used for any vessel not entitled to the })enetit thereof, such 
 vessel, with her tackle, apparel, and furniture, shall bo 
 lia))le to forfeiture. 
 
 No sea-letter or other document certifying or proving any sca-ietter and 
 vessel to l)e the property of a citizen of the United States ^'^^"I'^v!^ iiso. 
 shall be issued, except to vessels duly registered, or enrolled 
 and bcensed as vessels of the United States, or to vessels 
 which shall be wholly owned by citizens of the United 
 States, and furnished with or entitled to sea-letters or 
 other custom-house documents. 
 
 Pvvery person who knowingly makes, utters, or publishes ^i- ^-^ I'^^i. 
 any false sea-letter, Mediterranean passport, or certiticate 
 of registry, oi- who knowingly avails himself of any such 
 Mediterranean passport, sea-letter, or certiticate of regis- 
 try, shall i)e lialde to a penalty of not more than live thou- 
 sand dollars, and, if an officer of the United States, shall 
 thenceforth l)e incapable of holding any office of trust or 
 profit under the authority of the United States. 
 
 Everv collector, who knowinglv makes anv record of offensesagninst 
 
 ,, ' ,. ' ,, i' 1 'j.1 m enrollment and 
 
 enrollment or license or any vessel, and every other oiiicer, lieense laws. 
 or person, appointed by or under them, who makes any -«■*'•. 45;5. 
 record, or grants any certiticate or other document what- 
 ever, contrary ^o the true intent and meaning of this Title 
 [R. S.. 4311— ioUOj, or takes any other or greater fees than 
 are by this Title allowed, or receives for any service per- 
 formed pursuant to this T'itle, any reward or gratuity, and 
 every siu-veyor, or other person appointed to measure ves- 
 sels, who willfully delivers to any collector or naval officer 
 a false description of any vessel, to ))e enrolled or licensed, 
 in pursuance of this Title, shall be liable to a penalty of 
 live hundred dollars, and be rendered incai)al)le of serving 
 in any office of trust or profit under the United States. 
 
 Every person, authorized and required by this Title K.s.,i.!i7!,. 
 [K. S., i311-43;M)] to perform any act or thing as an ofHcer, 
 who willfully neglects or refuses to do and perform the 
 same, according to the true intent and meaning of this 
 
188 
 
 BUKEAU OF NAVIGATION 
 
 Title, shall, if not subject to the penalt}^ and disqualifica- 
 tions prescribed in the preceding section, be liable to a 
 penalty of five hundred dollars for the first ofii'ense, and of 
 a like sum for the second offense, and shall, after convic- 
 tion for the second offense, be rendered incapable of hold- 
 ing- any office of trust or profit under the United States. 
 
 B. s., !,sir<. Every person who forges, counterfeits, erases, alters, or 
 
 falsifies any enrollment, license, certificate, permit, or 
 other document, mentioned or required in this Title [R. S., 
 4311-4390], to be granted by any officer of the revenue, 
 such person, so offending, shall be liable to a penalty of 
 five hundred dollars. 
 
 R. s., f.s7r,. Every person who assaults, resists, obstructs, or hinders 
 
 any officer in the execution of any act or law relating to 
 the enrollment, registry, or licensing of vessels, or of this 
 Title [R. S. , 4311-4390], or of any of the powers or author- 
 ities vested in him by any such act or law, shall, for every 
 such offense, for which no other penalty is particularly 
 provided, be liable to a penalty of five hundred dollars. 
 
 OFFICERS OF MERCHANT VESSELS 
 
 Citizenship 
 officers. 
 R. ,S'., 1,131. 
 
 May 2S, 1S96. 
 (29 Stat, 188.) 
 Sec. 1. 
 
 June 26, ISS!,. 
 (33 Stnt, ril,.) 
 Sec. 1. 
 
 May 28, 1896. 
 (29 Stat., 189. 
 Sec. 3. 
 
 K (' m o V n 1 
 miister. 
 2i. S., /AW. 
 
 ^ All the oflicers of vessels of the United States who shall 
 have charge of a watch, including pilots, shall in all cases 
 be citizens of the United States. 
 
 The word "officers" shall include the chief engineer and 
 each assistant engineer in charge of a watch on vessels 
 propelled wholly or in part by steam; and after the first 
 day of January, eighteen hundred and ninety-seven, no 
 person shall be qualified to hold a license as a commander 
 or watch officer of a merchant vessel of the United States 
 who is not a native-born citizen, or whose naturalization 
 as a citizen shall not have been fully completed. 
 
 In cases where on a foreign voyage, or on a voyage from 
 an Atlantic to a Pacific port of the United States, any 
 such vessel is for any reason deprived of the services of an 
 officer below the grade of master, his place, or a vacancy 
 caused by the promotion of another officer to such place, 
 may be supplied by a person not a citizen of the United 
 States until the first return of such vessel to its home 
 port; and such vessel shall not be liable to any penalty or 
 penal tax for such employment of an alien officer, 
 f Any person or body corporate having more than one-half 
 ownership of any vessel shall have the power to remove a 
 master, who is also part owner of such vessel, as such 
 majority owners have to remove a master not an owner. 
 This section shall not apply where there is a valid written 
 agreement subsisting, by virtue of which such master 
 would be entitled to possession, nor in any case where 
 a master has possession as part owner, obtained before 
 the ninth day of April, eighteen hundred and seventy-two. 
 
 MERCHANT SEAMEN 
 
 S1"'S"/" I» the construction of this Title [R. S., 4501-4012], 
 ever}^ person having the command of any vessel belong- 
 
BUREAU OF NAVIGATION 189 
 
 ino" to any citizen of the, Ignited States .shall he deemed 
 to l)C the '' master" therei)f; and every person (appren- 
 tiees exeepted) wlio shall be employed oreny'aij-ed to servf 
 in an}' eapai-ity on board the same shall be deemed and 
 taken to be a '"seaman;"' and the term *' vesseT' shall be 
 nnderstood to eomprehend every description of vessel 
 naviyatino- on any sea or channel, lake or ri\ er, to which 
 the provisions of this Title may be applical)le, and the 
 term "owner" shall be taken and understood to compre- 
 hend all the several persons, if more than one, to whom the 
 vessel shall belong-. 
 
 Pilots. marin(M-s aetiially emplo3'ed in the sea serviee of from'^'nu^lua 
 any citizen or merchant within the United States, and''"^^'; ^^ 
 all persons who are exempted by the laws of the respec- \-^2 staL, 775.) 
 tive States or Territories shall be exempted from militia '^'^'^" "' 
 duty, without regard to age. 
 
 Every seaman, being a foreigner, who declares his in-aiur'rmzen'hip 
 tention of becoming a citizen of the United States in an}' "^j;'^''l!"f,y,-^ 
 competent court, and shall have served three years on 
 board of a merchant vessel of the United States subsequent 
 to tiie date of such declaration, ma}', on his application to 
 any competent court, and the production of his certificate 
 of discharge and good conduct during that time, together 
 with the certificate of his'declaration of intention to become 
 a citizen, l)e admitted a citizen of the United States; and 
 every seaman, being a foreigner, shall, after his declaration 
 of intention to l)ecome a citizen of the United States, and 
 after he shall have served such three years, be deemed a 
 citizen of the United States for the purpose of manning 
 and serving on board any merchant-vessel of the United 
 States, anything to the contrary in any act of Congress 
 notwithstanding: but such seaman shall, for all purposes 
 of protection as an American citizen, be deemed such, after 
 the tiling of his declaration of intention to become such 
 citizen. 
 
 The collector of every district shall keep a book or zensWi.. " 
 hooks, in which, at the request of any seaman, being a J-^- s.,f,5ss. 
 citizen of the United States of America, and producing 
 proof of his citizenship, authenticated in the manner here- 
 inafter directed, he shall enter the name of such seaman, 
 and shall deliver to him a certificate, in the following 
 form, that is to say: ""1, A. H., collector of the district of 
 I)., do hereby certify, that E. F., an American seaman, 
 
 aged ■ years, or thereabouts, of the height of 
 
 feet inches, (descril)ing the said seaman as particu- 
 larly as may be,) has, this day, produced to me proof in 
 the manner directed by law; and 1 do hereby certify that 
 the siiid E. F. is a citizen of the United States of America. 
 In witness whereof, 1 have hereunto set my hand and seal 
 
 of oiiice, this day of ." It shall be the duty j,r,u.n>, isse. 
 
 of the collectors to file and preserve the proofs of citizen- (-''. «n'-, 7a.) 
 shij) so produced. 
 
 The collector of every port of entry in the United States a*. ,s'., 1,591. 
 shall send a list of the seamen to whom certificates of citi- 
 
190 BUREAU OF NAVIGATION 
 
 zenship have been granted, once every three months, to 
 the Secretary of State [together with an account of such 
 impressments or detentions, as shall appear, b^^ the pro- 
 tests of the masters, to have taken place]. 
 
 ownersormas- Nothing in this Title [R. S., 451)1-4:612], however, shall 
 men in certain prcvcut the owucr, Or consigncc, or uiastcr or any vessel 
 ^'^R^, hsoi.. except vessels bound from a port in the United States to 
 any foreign port, other than vessels engaged in trade be- 
 tween the United States and the British North American 
 possessions, or the West India Islands, or the republic of 
 Mexico, and vessels of the burden of sevent3^-five tons or 
 upward bound from a port on the Atlantic to a port on 
 the Pacific, or vice versa, from performing, himself, so far 
 as his vessel is concerned, the duties of shipping-commis- 
 sioner under this Title. Whenever the master of any ves- 
 sel shall engage his crew, or any part of the same, in any 
 collection-district where no shipping-commissioner shall 
 have been appointed, he may perform for himself the duties 
 of such commissioner. 
 
 Apprentices. Every shipping-commissiouer appointed under this Title 
 ''■'''"'^' [R. S., 4501-4612] shall, if applied to for the purpose of 
 apprenticing bo3^s to the sea-service, b}- any master or 
 owner of a vessel, or by any per.'ion legally qualitied, give 
 such assistance as is in his power for facilitating the making 
 of such apprenticeships; but the shipping-commissioner 
 shall ascertain that the bo}^ has voluntaril}' consented to be 
 bound, and that the parents or guardian of such bo}^ have 
 consented to such apprenticeship, and that he has attained 
 the age of twelve years, and is of sufficient health and 
 strength, and that the master to whom such boy is to be 
 bound is a proper person for the purpose. Such appren- 
 ticeship shall terminate when the apprentice beconTes 
 eighteen years of age. The shipping-commissioner shall 
 keep a register of all indentures of apprenticeship made 
 before him. 
 
 R. s., 1,510. The master of every foreign-going vessel shall, before 
 
 carrying any apprentice to sea from any place in the United 
 States, cause such apprentice to appear before the shipping- 
 commissioner before whom the crew is engaged,, and shall 
 produce to him the indenture by which such apprentice is 
 bound, and the assignment or assignments thereof, if any; 
 and the name of the apprentice, with the date of the inden- 
 ture and of the assignment or assignments thereof, if any, 
 shall be entered on the agreement; which shall be in the 
 form, as near as may be, given in the table marked "A" 
 in the schedule annexed to this Title [R. S., 4501-4612]; 
 and no such assignment shall be made without the approval 
 of a commissioner, of the apprentice, and of his parents or 
 his guardian. For any A'iolation of this section, the master 
 shall be liable to a penalty of not more than one hundred 
 dollars. 
 
 Agreement to The master of every vessel bound from a port in the 
 tra§e/" '^'^*^'^'^ United States to an}^ foreign port other than vessels 
 
 R. «., mi. engaged in trade between the United States and the British 
 
BUREAU OF NAVIGATION 191 
 
 North American possessions, or the West India Islancls, or 
 tlio r('pul)lic of jVIoxico, or of any vossol of the Imrdon of 
 s('vont3'-Hvo tons or upward, bound from a port on the 
 Atlantic to a port on the I'acitic, or vice versa, shall, before 
 he proceeds on such vo\a<;e, make an agreement, in writing 
 or in print, with every seaman whom he carries to sea as 
 one of the crew, in the manner hereinafter mentioned; and 
 every such agreement shall be, as near as may be, in the 
 form given in the table marked A, in the schedule annexed 
 to this Title [R. S., 4501-4613], and shall ]>e dated at the 
 time of the first signature thereof, and shall be signed by 
 the master before any seamen signs the same, and shall 
 contain the following particulars: 
 
 First. The nature, and as far as practicable, the duration 
 of the intended voyage or engagement, and the port or 
 country at which the voyage is to terminate. 
 
 Sect)nd. The munber and description of the crew, speci- 
 fying their respective employments. 
 
 Third. The time at which each seaman is to be on Ijoard, 
 to begin work. 
 
 Fourth. The capacity in which each seaman is to serve. 
 
 Fifth. The amount of wages which each seaman is to 
 receive. 
 
 Sixth. A scale of the provisions w^hich are to be furnished 
 to each seaman. 
 
 Seventh. Anj' regulations as to conduct on board and fi^'l^^^'/^lg^ , 
 as to fines, short allowances of provisions, or other lawful scc.'io.'' 
 punishments for misconduct, which may be sanctioned b}^ 
 Congress or authorized by the Secretary of Commerce and 
 Laljor not contrary to or not otherwise provided for by 
 law, which the parties agree to adopt. 
 
 Eighth. Any stipulations in reference to allotment of pssM^seS' 
 wages, or other matters not contrary to law. [Repealed sec. lo. " 
 so far as relates to allotments in trade between the United 
 States, Dominion of Canada, Newfoundland, the AVest tmc 21, ms. 
 Indies and Mexico, and coasting trade of the United States, s'cclss. ' ^ 
 except ])etween Atlantic and Pacific ports, by sec. 25 of 
 Act of December 21, 1898.] 
 
 The following rules shall be observed with respect tOtj^jj.^'''""^' ^^ 
 agreements: a. s., 1,512. 
 
 First. Every agreement except such as are otherwise 
 specially provided for, shall be signed b}'' each seaman in 
 the presence of a shipping-commissioner. 
 
 Second. When the crew is tirst engaged the agreement 
 shall be signed in duplicate, and one part shall be retained 
 by the shipping-commissioner, and the other part shall 
 contain a special place or form for the description and 
 signatures of persons engaged subsequently to the tirst 
 departure of the ship, and shall be delivered to the master. 
 
 Third. Every agreement entered into before a shipping- 
 commissioner shall l)e acknowledged and certihed under 
 the hand and official seal of such conunissioner. The cer- 
 tificate of acknowledgment shall be indorsed on or annexed 
 to the agreement; and shall be in the following form: 
 ■'State of , County of : 
 
192 BUREAU OF NAVIGATION 
 
 " On this day of , personally appeared liefore 
 
 me, a shipping-commissioner in and for the said county, A. 
 B, , C. D. , and E. F. , several!}^ known to me to be the same 
 persons wlio executed the foregoing instrument, who each 
 for himself acknowledged to me that he had read or had 
 heard read the same; that he was by me made acquainted 
 with the conditions thereof, and understood the same; and 
 that, while sober and not in a state of intoxication, he 
 signed it freely and voluntarily, for the uses and purposes 
 therein mentioned." 
 
 R.S., 1,513. Section 4511 shall not apply to masters of vessels where 
 
 the seamen are l)}^ custom or agreement entitled to partici- 
 pate in the profits or result of a cruise or voj'age, nor to 
 masters of coastwise nor to masters of lake-going vessels 
 
 f^o-J,^',^f^^y ^ that touch at foreign ports; but seamen may, by agree- 
 
 [2S Stat., 667.) 1 1 u 1 1 i^ 'i. J.' 
 
 ment, serve on board such vessels a dennite time, or, on 
 the return of any vessel to a port in the United States, 
 iustai. ^79^) ^^^y reship and sail in the same vessel on another voyage, 
 without the payment of additional fees to the shipping- 
 commissioner. 
 
 [Note.— Section 4511, however, does apply in part to 
 masters of coastwise vessels whose crews arc shipped under 
 provisions of the act of February 18, 1895.] 
 
 n. s., mo. The master shall, at the commencement of every voyage 
 
 or engagement, cause a legible cop}" of the agreement, 
 omitting signatures, to be placed or posted up in such part 
 of the vessel as to be accessible to the crew; and on 
 default shall be liable to a penalty of not more than one 
 hundred dollars, 
 gagem^ent."^ ^" ^ uiastcr of a vcsscl in the foreign trade may engage a 
 
 -'MMe-s. issj,. seaman at any port in the United States, in the manner 
 
 See.' 19." provided by law, to serve on a voyage to an}^ port, or for 
 the round trip from and to the port of departure, or for a 
 definite time, whatever the destination. The master of a 
 vessel making regular or stated trips between the United 
 States and a foreign country may engage a seaman for one 
 or more round trips, or for a definite time, or on the re- 
 turn of said vessel to the United States may reship such 
 seaman for another vo3^age in the same vessel, in the man- 
 ner provided by law, without the payment of additional 
 fees to any officer for such reshipment or re-engagement. 
 .V/.V".\l'-^^m"" If" fi»y person shall be carried to sea, as one of the crew 
 out agreement, ou board ot any vcsscl makmg a vo^^age as heremhetore 
 
 n. ,s'., U51/,. specified, without entering into an agreement w^ith the 
 master of such vessel, in the form and manner, and at the 
 place and times in such cases required, the vessel shall be 
 held liable for each such ofl'ense to a penalt}^ of not more 
 than two hundred dolhirs. But the vessel shall not be 
 held liable for any person carried to sea, who shall have 
 secretly stowed away liiniself without the knowledge of 
 the master, mate, or of any of the officers of the vessel, or 
 who shall have falsely personated himself to the master, 
 mate, or officers of the vessel, for the purpose of being 
 carried to sea. 
 
BUREAU OF NAVIGATION 193 
 
 If ill! V mastor, mate, or otlior ofticcr of a vessel know- ^■^-.'-^is. 
 inoly icceivos, or acc'('])ts, to he entered on board of an}^ 
 merchant-vessel, any s(>ainan who has been en<ja<'-ed or 
 supplied contrary to the provisions of this Title [K. S., 
 4r)Ol-4(!l:2J, the vessel on board of which such seaman 
 shall be found shall, for every such seaman, be lial)le to a 
 penalty of not more than two hundred dollars. 
 
 In case of desertion or casualty resultino- in the loss of nmiermaii 
 one or more seamen, the master must ship, if obtainable, a"'^'^;s. ,sjg 
 number cMpial to the number of those whose services he uec'n, isbs. 
 has been de{)rived of by desertion or casualty, who nuist 1^^ '^'"'•' ^^^-^ 
 be of tlu> same orade or rating- and ecpially expert with 
 tlios(> whose ])lace or position they refill, and report the 
 same to the United States consul at the first port at which 
 he shall arrive, without incurring- the penalty prescribed 
 by the two precedlno* sections. [This section shall not 
 applv to fishing or whaling- vessels or 3'achts, Dec. 21, 
 18JKS, sec. 2().] ' 
 
 Every mastei'of a merchant- vessel who engages any sea- shipment in 
 man at a place out of the United States, in Avhich there is fore'consuK ^^' 
 u consular ofhceror commercial agent, shall, before carry- ^■^■^'*^^'^- 
 ing- such seaman to sea, procure the sanction of such ofiicer, 
 and shall engage seamen in his presence; and the rules 
 governing the engagement of seamen before a shipping- 
 commissioner in the United States, shall apply to such 
 engagements made before a consular ofiicer or commercial 
 agent; and upon every such engagement the consular offi- 
 cer or connnercial agent shall indorse upon the agreement 
 his sanction thereof, and an attestation to the effect that 
 the same has been signed in his presence, and otherwise 
 duly made. 
 
 Every master who engages any seaman in an}' place in R-s.,i.5i8. 
 which there is a consular officer or commercial agent, other- 
 wise than as required by the preceding- section, shall incur 
 a penalty of not more than one hundred dollars, for which 
 penalty the vessel shall be held liUble. 
 
 Every master of a vessel in the foreign trade may engage -jf^^f^' ^**^.- 
 any seaman at any port out of the United States, in the sec. 20. ' 
 manner provided b}' law, to serve for one or more round 
 trips from and to the port of departure, or for a definite 
 time, whatever the destination; and the master of a vessel 
 clearing fron>a port of the United States with one or more 
 seamen engaged in a foreign port as herein provided shall 
 not be reijuired to reship in a port of the United States the 
 seamen so engaged for to give bond, as required by section lig^staL^els.) 
 forty -five hundred and seventy-six of the Revised Statutes, •*«. s. 
 to produce said seamen before a boarding- officer on the 
 return of said vessel to the United States.] 
 
 Before a clearance is granted to any vessel ])ound on a ^l^l^l^g^g 
 foreign voyage or engaged in the whale-fishery, the master 
 thereof shall d(>liver to the collector of the customs a list 
 containing the names, places of birth and residence, and 
 description of the persons who compose his ship's com- 
 pany; to \vhich list the oath of the captain shall be 
 
 27628—04 13 
 
194 BUREAU OF NAVIGATION 
 
 annexed, that the list contains the names of his crew, 
 jtineig, me. together with the places of their birth and residence, as 
 (% Stat, <9.) ^^^ ^^ j^^ ^^^^ ascertain them; and the collector shall deliver 
 
 him a certified copy thereof. 
 R. s.,i,57u. In all cases of private vessels of the United States sail- 
 
 ing from a port in the United States to a foreign port, the 
 list of the crew shall be examined by the collector for the 
 district from which the vessel shall clear, and, if approved 
 of by him, shall be certified accordingly. No person shall 
 be admitted or emploj^ed on board of any such vessel unless 
 his name shall have been entered in the list of the crew, 
 approved and certified by the collector for the district from 
 which the vessel shall clear. The collector, before he 
 delivers the list of the crew, approved and certified, to the 
 master or proper officer of the vessel to which the same 
 belongs, shall cause the same to be recorded in a book by 
 him for that purpose to be provided, and the record shall 
 be open for the inspection of all persons, and a certified 
 copy thereof shall be admitted in evidence in any court in 
 which any question may arise under any of the provisions 
 of this Title [R. S., 4501-4612]. 
 Failure to pro- The master of every vessel bound on a foreign voyage 
 B.S., 1.576. or engaged in the whale fishery shall exhil)it the certified 
 fiTkatfess.) copv of the list of the crew to the first ])oarding oflicer at 
 Sec. 3. ' the first port in the United States at which he shall arrive 
 on his return, and also produce the persons named therein 
 to the boarding officer, whoso duty it shall be to examine 
 the men with such list and to report the same to the col- 
 lector; and it shall be the duty of the collector at the port 
 of arrival, where the same is difl'erent from the port from 
 which the vessel originally sailed, to transmit a cop}^ of 
 the list so reported to him to the collector of the port 
 from which such vessel originally sailed. For each fail- 
 ure to produce any person on the certified copy of the list 
 of the crew the master and owner shall be severally liable 
 to a penalty of four hundred dollars, to be sued for, 
 prosecuted, and disposed of in such manner as penalties 
 and forfeitures which ma}" be incurred for ofi'enses against 
 the laws relating to the collection of duties; but such 
 penalties shall not be incurred on account of the master 
 not producing to the first lioarding officer any of the per- 
 sons contained in the list who may hav^e been discharged 
 in a foreign country with the consent of the consul, vice 
 consul, commercial agent, or vice-commercial agent there 
 residing, certified in writing, under his hand and official 
 seal, to be produced to the collector with the other per- 
 sons composing the crew, nor on account of any such 
 person dying or absconding or being forcibly impressed 
 into other service of which satisfactory proof shall also 
 be exhibited to the collector. 
 Papers relating The following rulcs shall be observed with reference to 
 ^'^R.^s.ihsys. vessels bound on any foreign vo3"age: 
 
 First. The duplicate list of the ship's company, ixniuired 
 to be made out by the master and delivered to the col- 
 
BUREAU OF NAVIGATION 196 
 
 lector of tlio customs, under section t'orty-tive hundi'ed and 
 seventy-tliree, sliull he a fair copy in one uniform hand- 
 writinj^, without erasure or interlineation. 
 
 Second. It shall l)e the duty of the owners of every such 
 vessel tt) ohtai?! from the collector of the customs of the dis- 
 trict from \vhich tlie clearance is made, a true and certi- 
 tied copy of tln> ship[)ini'-aiticles, containini^ the names of 
 the crew, which shall he written in a uniform hand, with- 
 out erasures or interlineations. 
 
 Third. These documents, which shall })e deemed to con- 
 tain all the conditions of contract with the crew as to their 
 service, pay, voyajie, and all other thino-.s, shall be produced 
 by the master, and laid before any consul, or other eonmier- 
 cialaot'nt of the United States, whenever he ma}^ deem their 
 contents necessary to enable him to discharge the duties 
 imposed upon him by law toward any uiariner applying to 
 him for his aid or assistance. 
 
 Fourth. All interlineations, erasures, or writing in a 
 hand ditierent from that in which such duplicates were 
 originally made, shall ))e deemed fraudulent alterations, 
 working no change in such papers, unless satisfactorily 
 explained in a manner consistent with innocent purposes 
 and the provisions of law which guard the rights of 
 mariners. 
 
 Fifth. If any master of a vessel shall proceed on a foreign 
 voyage without the documents herein required, or refuse 
 to ])roduce them when required, or to perform the duties 
 imposed by this section, or shall violate the provisions 
 thereof, he shall be lia))le to each and every individual 
 injured thereby in damages, to be recovered in any court 
 of the United States in the district where such delinquent 
 may reside or be found, and in addition thereto be punish- 
 al)le by a tine of one hundred dollars for each offense. 
 
 Sixth. It shall be the duty of the boarding-officer to 
 report all violations of this section to the collector of the 
 port where any vessel may arrive, and the collector shall 
 report the same to the Secretary of Commerce and Labor 
 and to the United States attorney in his district. 
 
 None of the provisions of an act entitled '"An act to shipment of 
 authorize the appointment of shipping commissioners by coasting or near^ 
 the several circuit courts of the United States to superin- ^^f^f/if l^.rf'^''- 
 tend the shipping and discharge of seamen engaged in {is stat., 6!,.) 
 merchant ships btdonging to the United States, and for i""sM.'S 
 the further protection of seamen" shall applv to sail or fotJA^fJl\ 
 
 I 1-1 • 1 / I ^ •^tat., 001.) 
 
 steam vessels engaged in the coastwise trade, (except the 
 coastwise trade between the Atlantic and Pacific coasts,) or 
 ill the lake-going trade touching at foreign ports or other- 
 wise, or in the trade between the United States and the 
 British North American possessions, or in any case where 
 the seamen are by custom or agreement entitled to partici- 
 pate in the profits or result of a cruise, or voyage. 
 
 Shipping commissioners may ship and discharge crews Jmirw.ifisr,. 
 for any vessel engaged in the coastwise ti'ade, or the trade .vlT' ' ""* 
 between the United States and the Dominion of Canada, 
 
196 BUREAU OF NAVIGATION 
 
 or Newfoundland, or the West Indies, or the Republic of 
 Mexico, at the request of the master or owner of such 
 vessel, the shipping and discharg-ing fees in such cases to 
 be one-half that prescribed by section forty-six hundred 
 and twelve of the Revised Statutes, for the purpose of 
 determining the compensation of shipping commissioners. 
 Feb 18 1895 When a crew is shipped bv a shipping commissioner for 
 
 (28 Stat, 667 .) . . 1 • i-i "^ i^ • ^ A Al ^ J 
 
 any American vessel in the coastwise trade, or the trade 
 between the United States and the Dominion of Canada, 
 or New Foundland, or theAVest Indies, or Mexico, as author- 
 ized l)y section two of an Act approved June nineteenth, 
 eighteen hundred and eighty-six, entitled "An Act to 
 abolish certain fees for official services to American vessels, 
 and to amend the laws relating to shipping commissioners, 
 seamen, and owners of vessels, and for other purposes," an 
 agreement shall be made with each seaman engaged as 
 one of such crew in the same manner as is provided by 
 Sections four thousand five hundred and eleven and four 
 thousand five hundred and twelve of the Revised Statutes, 
 Mar. s, 1897. not howcvcr including the sixth and eighth items of Sec- 
 SfP.'s"'' tion four thousand five hundred and elexen; and such 
 
 fsostai ^fet) agi'eement shall be posted as provided in Section four thou- 
 sec.ss. ' sand five hundred and nineteen, and such seamen shall be 
 discharged and receive their wages as provided ]:»y the first 
 clause of Section four thousand five hundred and twenty- 
 nine and also by Sections four thousand five hundred and 
 twenty-six, four thousand five hundred and twent3^-seven, 
 four thousand five hundred and twentj^-eight, four thousand 
 five hundred and thirty, four thousand five hundred and 
 thirt3'-five, four thousand five hundred and thirty-six, four 
 thousand five hundred and forty-two, four thousand five 
 hundred and forty-three, four thousand five hundred and 
 forty-four, four thousand Ijvg hundred and forty -five, four 
 thousand fiAC hundred and forty -six, four thousand five 
 hundred and forty-seven, four thousand five hundred and 
 forty-nine, four thousand five hundred and fifty, four thou- 
 sand five hundred and fifty-one, four thousand five hundred 
 and fifty-two, four thousand five hundred and fifty-three, 
 Mar.j, 1S97. four thousand fivc hundred and fifty-four and four thou- 
 i^e.'^s"''^*^'' f^and six hundred and two of the Revised Statutes; but in 
 all other respects such shipment of seamen and such ship- 
 ping agreement shall be regarded as if both shipment and 
 agreement had been entered into between the master of 
 a vessel and a seaman without going before a shipping 
 commissioner. 
 coafthf™t?ade Every master of any vessel of the burden of fifty tons 
 not' before com- or upward, bound from a port in one State to a port in any 
 ^T^T,7ko. other than an adjoining State, except vessels of the burden 
 of seventj'-five tons or upward, bound from a port on the 
 Atlantic to a port on the Pacific, or vice versa, shall, before 
 he proceeds on such voj^age, make an agreement in writing 
 or in print, with every seaman on lx)ar(l such vessel except 
 such as shall be apprentice or servant to himself or owners, 
 declaring the voyage or term of time for which such sea- 
 man shall be shipped. 
 
BUREAU OF NAVIGATION 197 
 
 If any master of such vessel of the Imrdeii of fifty tons ^- ■''■' ^■''•'^!- 
 oi' upward shall carry out any seaman or mai'iner, except 
 ;ipi)rentic(>s or servants, without such contiact or a*;rec- 
 nient heinii' tirst made and signed by the seamen, such 
 master shall pay to every such seaman the hi<^hest price 
 or wages which shall have been g-iven at the port or ])lacc 
 where such seaman w^as shipped, for a similiar voyage, 
 within three months next before the time of such shipping, 
 if such seaman shall perform sucii voyage; or if not, then 
 tor such time as he shall continue to do duty on l)oard such 
 vessel; and shall moreover be liable to a ])enalty of twenty 
 dollars for every such seaman, recoverable, one-half to the 
 use of the person ])r()secuting for the sam(>, and tiio other 
 half to the use of the United States. Any seaman who 
 has not signed such a contract shall not be bound by the 
 regulations nor su))ject to the penalties and forfeitures 
 contained in this Title [R. S., 4501-4612]. 
 
 At the foot of every such contract to ship upon such a f;,,;};}''fggg 
 vessel of the Inirden of tifty tons or upward there shall be {su'siai, 755.) 
 a memorandum in writing of the day and the hour when '^*^^'''^' 
 such seaman who shipped and subscribed shall render him- 
 self on board to ])egin the voyage agreed upon. If any 
 seaman shall neglect to render himself on board the vessel 
 for which he has shipped at the time mentioned in such 
 memorandum without giving twenty-four hours' notice of 
 his inability to do so, and if the master of the vessel shall, 
 on the da}' in which such neglect happened, make an entry 
 in the log book of such vessel of the name of such seaman, 
 and shall in like manner note the time that he so neglected 
 to render himself after the time appointed, then every such 
 seaman shall forfeit for every hour which he shall so neg- 
 lect to render himself one-half of one daj-'s pay, according 
 to the rate of wages agreed upon, to be deducted out of the 
 wages. If any such seaman shall wholly neglect to render 
 himself on board of such vessel, or having rendered him- 
 self on l)oard shall af ter\vards desert, he shall forfeit all of 
 his wages or emoluments which he has th(m earned. [This 
 section shall not apply to fishing or whaling vessels or 
 yachts, Dec. 21, 180S, Bee. 26.] 
 
 Tiie master of any vessel of the burden of twenty tons wfuf nsheimln.* 
 or upward, qualified according to law for carrying on the Ji.s.,/,s9i. 
 bank and other cod fisheries, or the mackerel-fishery, bound 
 from a port of the United States to be employed in any 
 such fishery, at sea, shall, before proceeding on such fish- 
 ing-voyage, make an agreement in writing with every 
 fisherman who may be employed therein, except only an 
 apj)i-('nticeor servant of himself or owner, and, in addition 
 to such terms of shipment as may be agreed on, shall, in 
 such agreement, express whether the same is to continue 
 for one voyage or for the tishing-season, and shall also ex- 
 press that the fish or the proceeds of such fishing-voyage 
 or voyages which may appertain to the fishermen shall be 
 divided among them in i)roportion to the quantities or num- ^ 
 
 ber of such fish which they may respectively have caught. 
 
198 BUREAU OF NAVIGATION 
 
 Such agreement shall be indorsed or countersigned ]>y the 
 owner of such tishing-vessel or his agent. 
 
 R.s.,us92. If any fisherman, having engaged hhnself for a voyage 
 
 or for the lishing season in any tishing-vessel and signed 
 an agreement therefor, thereafter and while such agreement 
 remains in force and to be performed deserts or absents 
 himself from such vessel without leave of the master 
 thereof, or of the owner or his agent, such deserter shall 
 be liable to the same penalties as deserting seamen are 
 subject to in the merchant service, and may in the like 
 manner, and upon the like complaint and proof, l)e appre- 
 hended and detained; and all costs of process and commit- 
 ment, if paid by the master or owner, shall he deducted 
 out of the share of hsh or proceeds of any tishing-voj^age 
 to which such deserter had or shall become entitled. Every 
 fisherman, having so engaged himself, who during such 
 fishing- vo3"age refuses or neglects his proper dut}' on board 
 the fishing-vessel, being thereto ordered or required by the 
 master thereof, or otherwise resists his just commands to 
 the hindrance or detriment of such voyage, besides being 
 answerable for all damages arising thereby, shall forfeit to 
 the use of the owner of such vessel his share of any public 
 allowance which ma}^ be paid upon such voyage. 
 
 R. s., 1,393. Whenever an agreement or contract is so made and 
 
 signed for a fishing-voyage or for the fishing-season, and 
 any fish caught on board such vessel during the same are 
 delivered to the owner or to his agent, for cure, and sold 
 by such owner or agent, such vessel shall, for the term of 
 six months after such sale, be liable for the master\s and 
 every other fisherman's shai'e of such fish, and may be pro- 
 ceeded against in the same form and to the same effect as 
 any other vessel is by law liable, and may be proceeded 
 against for the wages of seamen or mariners in the mer- 
 chant service. Upon such proceeding for the value of a 
 share or shares of the proceeds of fish so delivered and 
 sold it shall be incumbent on the owner or his agent to 
 produce a just account of the sales and division of such fish 
 according to such agreement or contract; otherwise the 
 vessel shall be answerable upon such proceeding for what 
 may be the highest value of the shares demanded. But in 
 all cases the owner of such vessel or his agent, appearing 
 to answer in such proceeding, may ofl'er thereupon his 
 account of general supplies made for such fishing-voyage 
 and of other supplies therefor made to either of the de- 
 mandants, and shall be allowed to produce evidence thereof 
 in answer to their demands respectiveh^; and judgment 
 shall be rendered upon such proceeding for the respec- 
 tive balances which upon such an inquiry shall appear. 
 
 E. s., U39I,. When process shall be issued against any vessel so liable, 
 
 if the owner thereof or his agent will give bond to each 
 fisherman in whose favor such process shall l)e instituted, 
 with sufficient security, to the satisfaction of two justices 
 of the peace, of whom one shall be named by such owner 
 
BUREAU OF NAVIGATION 199 
 
 or agent, and the other l)y the fisherman or fishermen pur- 
 siiini"" siK'li process, or if either party shall refuse, then 
 the justice tirst appointed shall name his associate, with 
 condition to answer and i)ay whatever sum shall l)e recov- 
 ered by him or them on such process, there shall he an 
 iinniediate discharge of such vessel. Nothing in this or 
 the preceding section shall prevent any fisherman from 
 having his action at common law for his share or shares of 
 tish or the proceeds thereof. 
 
 All seamen discharged in the United States from mer- j^^Jj^cimrge in 
 chant vessels engaged in voyages from a port in the United n. s., i.s/,;k ' 
 States to any foreign port, or, being of tlu^ burden of sevent}'- 
 five tons oi- upward, from a port on the Atlantic to a port 
 on the I'acific, or vice versa, shall )>e discharged and receive 
 their wages in the presence of a duly authorized shlpping- 
 conunissioner under this Title [K. S. , 450l-46l!3], except in 
 cases where some competent court otherwise directs; and 
 any master or owner of anj^ such vessel who discharges any 
 such seaman belonging thereto, or pa3's his wages within 
 the United States in an}^ other manner, shall be liable to a 
 penalty of not more than fifty dollars. 
 
 Every master shall, not less than forty-eight hours before ]^a|e account. 
 paying off or discharging any seaman, deliver to him, or, if ' "' 
 he is to be discharged before a shipping-commissioner, to 
 such shipping-commissioner, a full and true account of his 
 wages, and all deductions to be made therefrom on any 
 account whatsoever; and in default shall, for each ofl'ense, 
 be liable to a penalty of not more than fifty dollars. No 
 deduction from the wages of any seaman except in respect 
 of some matter happening after such delivery shall be 
 allowed, unless it is included in the account delivered; and 
 the master shall, during the voyage, enter the various mat- 
 ters in respect to which such deductions are made, with 
 the amounts of the respective deductions as they occur, in 
 the official log-book, and shall, if required, produce such 
 book at the time of the payment of wages, and, also, upon 
 the hearing, before any competent authority, of any com- 
 plaint or question relating to such payment. 
 
 Upon the discharge of any seaman, or upon payment of t^is,^iirtrge!*° ^^ 
 his wages, the master shall sign and give him a certificate ii-^;i<55i. 
 of discharge, specifying the period of his service and the 
 time and place of his discharge, in the form marked Table 
 li in the schedule annexed to this Title [R. S., 4501-4:612]; 
 and every master who fails to sign and give to such sea- 
 man such certificate and discharge, shall, for each such 
 ortonse, incur a penalty not exceeding fifty dollars. But 
 whenever the master shall discharge his crew or any part 
 thereof in any collection district, where no shipping com- 
 missioner has been appointed, he may perform for himself 
 the duties of such commissioner. 
 
 Upon the application of the master of any vessel to a Discharge in 
 consular ofiicer to discharge a seaman, or upon the appli- ^"^^''g'l^lwJ*"- 
 cation of any seaman for his own discharge, if it appears '',^^'1^!^^^^ 
 to such officer that said seaman has completed his shipping sa:^^. 
 agreement, or is entitled to his discharge under any act of 
 
200 BUREAO OF NAVIGATION 
 
 Congress or according to the general principles or usages 
 of maritime law as recognized in the United States, such 
 officer shall discharge said seaman, and require from the 
 master of said vessel, before such discharge shall be made, 
 payment of the wages which may then be due said seaman; 
 l3ut no payment of extra wages shall be required by any 
 consular officer upon such discharge of any seaman except 
 as provided in this act. 
 R. s.^/,581.^ If any consular officer, when discharging any seaman, 
 ilo'siat, 759.) shall neglect to require the pa3auent of and collect the 
 See. 16. arrears of wages and extra wages required to ])e paid in 
 
 the case of the discharge of any seaman, he shall be account- 
 able to the United States for the full amount thereof. The 
 master shall provide any seaman so discharged with em- 
 ployment on a vessel agreed to by the seaman, or shall pro- 
 vide him with one month's extra wages, if it shall be shown 
 to the satisfaction of the consul that such seaman was not 
 discharged for neglect of duty, incompetency, or injury 
 incurred on the vessel. If the seaman is discharged by 
 voluntary consent before the consul, he shall be entitled to 
 his wages up to the time of his discharge, but not for any 
 further period. If the seaman is discharged on account of 
 in jmy or illness, incapacitating him for service, the expenses 
 of his maintenance and return to the United States shall 
 be paid from the fund for the maintenance and transporta- 
 tion of destitute American seamen. 
 D ^'hi^fs ^ Whenever a vessel of the United States is sold in a for- 
 (so'stai.,769.) eign country and her company discharged, it shall be the 
 Sec. 17. duty of the master to produce to the consular officer a cer- 
 
 tified list of the ship's company, and also the shipping-arti- 
 cles, and besides paying to each seaman or apprentice the 
 wages due him, he shall either provide him with adequate 
 employment on board some other vessel bound to the port 
 at which he was originally shipped, or to such other port 
 as may be agreed upon by him, or furnish the means of 
 sending him to such port, or provide him with a passage 
 home, or deposit with the consular officer such a sum of 
 money as is by the officer deemed sufficient to defray the 
 expenses of his maintenance and passage home; and the 
 consular officer shall indorse upon the agreement with the 
 crew of the ship which the seaman or apprentice is leaving 
 the particulars of any payment, prov ision, or deposit made 
 under this section. A failure to comply with the provi- 
 sions of this section shall render the owner liable to tine of 
 not exceeding fiftj^ dollars. 
 R.s.,u583. Whenever on the discharge of a seaman in a foreign 
 
 fsostai.!76o.) country by a consular officer on his complaint that the 
 Sec. IS. the voyage is continued contrary to agreement, or that 
 
 the vessel is badly provisioned or unseaworthy, or against 
 the officers for cruel treatment, it shsill be the duty of the 
 consul or consular agent to institute a proper in(iuiry into 
 the matter, and, upon his l)eing satisfied of the truth and 
 justice of such complaint, he shall require the master to 
 pay to such seaman one month's wages over and al)ove the 
 wages due at the time of discharge, and to proxide him 
 
BUREAU OF NAVIGATION 201 
 
 with adequate emploj'ment on board some other vessel, or 
 provide him with u passajiT on l)oard some other vessel 
 hound to the port from whieh he was orioinuUy siiipped, 
 or to tlie most convenient ])ort of entry in the United 
 Suites, or to a port agreed to by the seaman. 
 
 Ko seaman shall, bv anv agreement other than is pro- Wages, 
 vided by this Title [R. tS., 4r)Ol-40lL>|, forfeit his lien ^'- •^- ''^^^• 
 upon the ship, or be deprived of any remedy for the 
 recovery of his wages to which he w'ould otherwise have 
 been entitled; and every stipulation in any agreement 
 inconsistent with any provision of this Title, and every 
 stipulation l)y which any seaman consents to abandon his 
 right to his wages in the case of the loss of the ship, or to 
 abandon any right which he may have or obtain in the 
 nature of salvage, shall ])e wholly inoperative. 
 
 The following rules shall be observed with respect to -K- 'S., ^is.';^. 
 the settlement of wages: 
 
 First. Upon the completion, l)eforc a shipping-commis- 
 sioner, of any discharge and settlement, the master or 
 owner and each seaman, respective!}', in the presence of 
 the shipping-commissioner, shall sign a nmtual release of 
 all claims for wages in respect of the past voyage or engage- 
 ment, and the sTiipping-conunissioner shall also sign and 
 attest it, and shall retain it in a book to be kept for that 
 purpose, provided Ijoth the master and seaman assent to 
 such settlement, or the settlement has been adjusted by the 
 shipping-commissioner. 
 
 Second. Such release, so signed and attested, shall oper- 
 ate as a mutual discharge and settlement of all demands 
 for wages between the parties thereto, on account of wages, 
 in respect of the past voyage or engagement. 
 
 Third. A copy of such release, certitied under the hand 
 and seal of such shipping commissioner to be a true cop}', 
 shall be given by him to any party thereto requiring the 
 same, and such copy shall be receiva))le in evidence upon 
 any future question touching .such claims, and shall have 
 all the effect of the original of which it purports to be a 
 copy. 
 
 Fourth. In cases in which discharge and settlement be- 
 fore a shipping-commissioner are required, no payment, 
 receipt, settlement, or discharge otherwise made shall oper- 
 ate as evidence of the release or satisfaction of any claim. ^ 
 
 Fifth. Upon payment being made l)v a master before a 
 shipping-conunissioner, the shipping-commissioner shall, if 
 required, sign and give to such master a statement of the 
 whole amount so paid; and such statement shall, between 
 the master and his employer, be received as evidence that 
 he has made the payments therein mentioned. 
 
 Upon every discharge elfected before a shipping-corn- n- ■'?.. wm. 
 missioner, the master shall make and sign, in the form 
 given in the table marked '" B,'' in the schedule annexed 
 to this Title [II. S., 4501-401i!|, a report of the conduct, 
 character, and qualilications of the persons discharged; or 
 may state in such form, that he declines to give any opiu- 
 
202 BUREAU OF NAVIGATION 
 
 ion upon such particulars, or upon an}^ of them; and the 
 commissioner shall keep a register of the same, and shall, 
 if desired so to do by any seaman, give to him or indorse 
 on his certificate of discharge a copy of so much of such 
 report as concerns him. 
 
 R. s., /,5n. j^ seaman's right to wages and provisions shall be taken 
 
 to commence either at the time at which he connnences 
 work, or at the time specified in the agreement for his com- 
 mencement of work or presence on board, whichever tirst 
 happens. 
 
 R. s., U525. ^Q I'ight to wages shall be dependent on the earning of 
 
 freight by the vessel; but every seaman or apprentice who 
 would be entitled to demand and receive any wages if the 
 vessel on which he has served had earned freight, shall, 
 subject to all other rules of law and conditions applicable 
 to the case, lie entitled to claim and recover the same of 
 the master or owner in personam, notwithstanding that 
 freight has not been earned. But in all cases of wreck or 
 loss of vessel, proof that any seaman or apprentice has not 
 exerted himself to the utmost to save the vessel, cargo, 
 and stores, shall bar his claim. 
 
 ^iec.'ki^fm. In cases where the service of any seaman terminates 
 
 mkat.,755.) before the period contemplated in the agreement, by rea- 
 son of the loss or wreck of the vessel, such seaman shall 
 be entitled to wages for the time of service prior to such 
 termination, but not for any further period. Such sea- 
 man shall be considered as a destitute seaman and shall be 
 treated and transported to port of shipment as provided in 
 sections forty-tive hundred and seventy-seven, forty -live 
 hundred and seventy-eight, and forty-live hundred and 
 seventy-nine of the Revised Statutes of the United States. 
 [This section shall not apply to fishing or whaling vessels 
 or yachts— Dec. 21, 1898, Sec. 26.J 
 
 R. s., i527. j^^^^^ seaman who has signed an agreement and is after- 
 
 ward discharged before the commencement of the vo^'age 
 or before one month's wages are earned, without fault on 
 his part justifying such discharge, and without his consent, 
 shall be entitled to receive from the master or ow^ner, in 
 addition to any wages he may have earned, a sum equal 
 in amount to one month's wages as compensation, and may, 
 on adducing evidence satisfactory to the court hearing the 
 case, of having been improperly discharged, recover such 
 compensation as if it were wages duly earned, 
 lowfd^*^ """^ ^^ ^^ seaman or apprentice shall be entitled to wages for 
 
 R. s!, A528. any period during which he unlawfully refuses or neglects 
 to work when required, after the time fixed by the agree- 
 ment for him to begin work, nor, unless the court hearing 
 the case otherwise directs, for any period during which he 
 is lawfully imprisoned for any offense committed ])y him. 
 The master or owner of any vessel making coasting voy- 
 
 Dec'hi^fshs ^S^^ ^^^^^ P^3^ ^*^ every seaman his wages within tw^o days 
 
 (30 kai, 7S0.) after the termination of the agreement under which he 
 '" shipped, or at the time such seaman is discharged, which- 
 
 ever first happens; and in the case of vessels making for- 
 
BUREAU OF NAVIGATION 203 
 
 ciiiii \ ovaiios. or froin :i port on the, Atlantic to a port 
 on tlic Facilii", or vice versa, within twenty-t'onr hours 
 after th(> caroo has been discharged, or within four (hiys 
 after tiie seaman has hiMMi dischai'<:-ecl, whichever hrst hap- 
 jHMis; and in all castas th(> seaman shall, at the time of his 
 dischari>-e, l)e entitled to be paid, on account of waj^'cs, a 
 sum ecjual to one-third i)artof the balance due him. Every 
 master or owner who refuses or neo-lects to make payment 
 in manner hereinbefore mentioned without sufiicientcauSe 
 shall p:iy to 'the seaman a sum equal to one day's pay for 
 each and every day durino- w'hich payment is dela3^ed 
 bevond the respective periods, which sum shall be recov- 
 erable as wao-es in any claim made before the court; but 
 this section shall not apply to the masters or owners of 
 any vessel the seamen on which are entitled to share in the 
 profits of the cruise or voyage. [This section shall not 
 apply to fishing or whaling vessels or yachts — Dec. 21, 
 18H8, Sec. 20.] 
 
 Every seaman on a vessel of the United States shall be R- ^-'J^f.-^ 
 entitled to receive from the master of the vessel to which {sokai.,~56'.) 
 he btdongs one-half part of the wages wdiich shall be due *^- ^• 
 him at ever}" port where such vessel, after the vo3'ago has 
 commenced, shall load or deliver cargo before the voyage 
 is ended unless the contrary be expressh' stipulated in the 
 contract; and when the vo3'age is ended every such sea- 
 man shall be entitled to the remainder of the w^ages which 
 shall then be due him as provided in section fortj^-five 
 hundred and twent3'-nine of the Revised Statutes. [This 
 section shall not applv to fishing or whaling vessels or 
 yachts— Dec. 21, 1SH8,^ Sec. 26.] 
 
 Whenever the wages of an}" seaman are not paid within k. s., usue. 
 ten days after the time when the same ought to be paid 
 according to the provisions of this Title [R. S., 4501-4612], 
 or an3" dispute arises between the master and seamen touch- 
 ing wages, the district judge for the judicial district where 
 the vessel is, or in case his residence be more than three 
 miles from the place, or he be absent from the place of his 
 residence, then, any judge or justice of the peace, or any 
 conunissioner of a district court, ma3" summon the master 
 of such vessel to appear before him, to show cause why 
 process should not issue against such vessel, her tackle, 
 ap])arel, and furniture, according to the course of admiralt3' 
 courts, to answer for the wages. 
 
 If the master against whom such summons is issued %J-'^f%g 
 neglects to appear, or, appearing, does not show that the {so'stai, 756. 
 wages are paid or otherwise satisfied or forfeited, and if 
 the matter in dispute is not forthwith settled, the judge or 
 justice or commissioner shall certify to the clerk of the 
 district court that there is sufficient cause of complaint 
 whereon to found admiralty process; and thereupon the 
 clerk of such court shall issue process against the vessel. 
 In all cases where the matter in demand does not exceed 
 one hundred dollars the return da3^ of the monition or 
 citation shall be the first day of a stated or special session 
 
 ,Scc. 6. 
 
204 BUREAU OF NAVIGATION 
 
 of court next succeeding- the third day after the service of 
 the monition or citation, and on the return of process in 
 open court, duly serxed, either party may proceed therein 
 to proofs and hearing without other notice, and tinal judg- 
 ment shall be given according to the usual course of admi- 
 ralty courts in such cases. In such suits all the seamen 
 having cause of complaint of the like kind against the 
 same vessel may he joined as complainants, and it shall l>e 
 incumbent on the master to produce the contract and log 
 l)ook, if required to ascertain any matter in dispute; other- 
 wise the complainants shall Ije permitted to state tlie con- 
 tents thereof, and the burden of proof of the contrary 
 shall be on the master. But nothing herein contained shall 
 prevent any seaman from maintaining any action at com- 
 mon law for the recovery of his wages, or having imme- 
 diate process out of any court having admiraltv jurisdiction 
 wherever any vessel may be found, in case she shall have 
 left the port of delivery where her voyage ended before 
 payment of the wages, or in case she shall be about to 
 proceed to sea before the end of the ten days next after 
 the day when such wages are due, in accordance with sec- 
 tion forty-tive hundred and twenty-nine of the Revised 
 Statutes. [This section shall not apply to lishing or whal- 
 ing vessels or vachts — Dec. 21, 1898, Sec. 26.J 
 
 E. s., i^Ls. Moneys paid under the laws of the United States, by 
 
 direction of consular officers or agents, at an}^ foreign 
 port or place, as wages, extra or otherwise, due American 
 seamen, shall be paid in gold or its equivalent, without 
 any deduction whatever any contract to the contrary not- 
 withstanding. 
 
 R. s., ms. Any question concerning the forfeiture of, or deductions 
 
 from, the wages of any seaman or apprentice, may l)e deter- 
 mined in any proceeding lawfully instituted with respect 
 to such wages, notwithstanding the offense in ]-espect of 
 which such question arises, though hereby made punish- 
 able by imprisonment as well as forfeiture, has not been 
 made the subject of any criminal proceeding. 
 
 R. s., i605. Whenever in any proceeding relating to seamen's wages 
 
 it is shown that any seaman or apprentice has, in the 
 course of the voyage, been convicted of any offense by any 
 competent tribunal, and rightfully punished therefor, by 
 imprisonment or otherwise, the court hearing the case may 
 direct a part of the wages due to such seaman not exceed- 
 ing fifteen dollars, to l)e applied in reiml)ursing any costs 
 properly incurred ])y the master in procuring such con- 
 viction and punishment. 
 
 Advances and (a) It shall l)e, and is hereby, made unlawful in any case 
 
 allotments of , ^ ' • ' i j? au a* i' K„ 
 
 wages. to pay any seaman wages in advance oi the time when he 
 
 fsoslu.lres.) ^^^ actually earned the same, or to pay such advance wages 
 Sec. n. ' to any other person. Any person paving such advance 
 wages shall l)e deemed guilty of a misdemeanor, and upon 
 conviction shall be punished by a ffne not less than four 
 times the amount of tlie wages so advanced, and may also 
 be imprisoned for a period not exceeding six months, at 
 
BUREAU OF NAVIGATION 205 
 
 the discretion of the t-oiiit. The payinoiit of such jidvancc 
 wayvs shall w- no caso, excoptiiii*" as Iicihmii provided, al)- 
 solve the vessel or the master or owner thereof from full 
 pavment of wa^es after the sanu^ shall have been actually 
 earned, and shall be no defense to a libel, suit, or action 
 for the recovery of such wtiges. If any person shall de- 
 mand or receive, either directly or indirectly, from any 
 seaman or other person seekino" employment as seaman, or 
 from an}' person on his behalf, any remuneration what- 
 ever for providino- him with employment, he shall for 
 everv such otiense be liable to a penalty of not more than 
 one hundred dollars. 
 
 (I)) It shall be lawful for any seaman to stipulate in his 
 shippint^ aj>reement for an allotment of any portion of 
 the wa»es which he may earn to his g'rand parents, parents, 
 wife, sister, or children. But no allotment wdiatever shall 
 be allowed in the trade between the poi'ts of the United 
 States (except as provided in subdivision c of this section) 
 or in trade ))etween ports of the United States and the 
 Dominion of Canada, Newfoundland, the West Indies and 
 Mexico. 
 
 (c) It shall be lawful for any seaman engaged in a ves- 
 sel bound from a port on the Atlantic to a port on the 
 Pacific or vice versa, or in a vessel engaged in foreign trade, 
 except trade between the United States and the Dominion 
 of Canada or Newfoundland or the West Indies or the Re- 
 pul)lic of Mexico, to stipulate in his shipping agreement 
 for an allotment of an amount, to be fixed by regulation 
 of the Commissioner of Navigation, with the approval of 
 
 the Secretary of Commerce and Lal)or, not exceeding one Feb. u, laos. 
 month's wages, to an original creditor in liquidation of s^c^io'." ^~^'^ 
 any just debt for board or clothing w^hich he may have 
 contracted prior to engagement. 
 
 (d) No allotment note shall be valid unless signed b}'' 
 and approved by the shipping commissioner. It shall be 
 the duty of said commissioner td examine such allotments 
 and the parties to them and enforce compliance with the 
 law. All stipulations for the allotment of an}^ part of the 
 wages of a seaman during his absence which are made at 
 the conmiencement of the voyage shall be inserted in the 
 agreement, and shall state the amounts and times of the 
 payments to be made and the persons to whom the pay- 
 ments are to be made. 
 
 (e) No allotment except as provided for in this section 
 shall be lawful. Any person who shall falsel}^ claim to be 
 such relation as al)ove descri])ed of a seaman under this 
 section or shall make a false statement of the nature or 
 amount of any debt claimed to be due from any seaman 
 under this section shall for every such oflense be punish- 
 able ))y a fine not exceeding five hundred dollars or impris- 
 onment not exceeding six months, at the discretion of the 
 court. 
 
 (f) This section shall apply as well to foreign vessels 
 as to vessels of the United States; and any master, owner. 
 
206 
 
 BUEEAU OF NAVIGATIOlSr 
 
 ment, 
 R. S., 1,536. 
 
 consignee, or agent of any foreign vessel who has violated 
 its provisions shall ])o liable to the same penalty that the 
 master, owner, or agent of a vessel of the United States 
 would be for a similar violation: Provtded^ That treaties 
 in force between the Unitecl States and foreign nations do 
 not conflict. 
 
 (g) Under the direction of the Secretary of Commerce 
 and Labor the Commissioner of Navigation shall make 
 regulations to carry out this section. [This section shall 
 not apply to fishing or whaling vessels or yachts — Dec. 21, 
 1898, Sec. 26.] 
 i^hin ^exem^*t ^^ wagcs due or accruing to any seaman or apprentice 
 from attach- shall be subjcct to attachment or arrestment from any 
 court; and every payment of wages to a seaman or appren- 
 tice shall be valid in law, notwithstanding any previous 
 sale or assignment of wages, or of any attachment, incum- 
 brance, or arrestment thereon; and no assignment or sale 
 of wages, or of salvage, made prior to the accruing thereof, 
 shall l)ind the party making the same, except such advance 
 securities as are authorized by this Title [R. S., •±501-1612]. 
 
 The clothing of any seaman shall l)e exempt from attach- 
 ment, and any person who shall detain such clothing when 
 demanded by the owner shall be lial)le to a penalty of not 
 exceeding one hundred dollars. 
 
 No sum exceeding one dollar shall l^o recoverable from 
 any seaman, by an}^ one person, for any debt contracted 
 during the time such seaman shall actually belong- to any 
 vessel, until the voyage for which such seaman engaged 
 shall be ended. 
 
 It shall be the duty of all consular officers to reclaim 
 deserters, discountenance insubordination by every means 
 in their power, and, where the local authorities can l)e use- 
 fully employed for that purpose, to lend their aid and use 
 their exertions to that end in the most eliectual manner. 
 In all cases where seamen or officers are accused the con- 
 sular officer shall inquire into the facts and proceed as pro- 
 vided in section forty-five hundred and eighty-three of the 
 Revised Statutes; and the officer discharging such seamen 
 shall enter upon the crew list and shipping articles and 
 official log the cause of discharge and the particulars in 
 which the cruel or uinisual treatment consisted, and sub- 
 scribe his name thereto otficiall3^ He shall read the entry 
 made in the official log to the master, and his reply thereto, 
 if any, shall likewise be entered and subscribed in the same 
 manner. 
 Desertion of Q^ application of a consul or vice-consul of any foreign 
 in tiie United government having a treat}' with the United States stipu- 
 lating for the restoration of seamen deserting, made in 
 writing, stating that the person therein named has deserted 
 from a vessel of any such government, while in an}' port of 
 the United States, and on proof by the exhibition of the 
 register of the vessel, ship's roll, or other official document, 
 that the person named )>eU)nged, at the time of desertion, 
 to the crew of such vessel, it shall be the duty of any court, 
 judge, commissioner of any circuit court, justice, or other 
 
 Feb. 18, 1895. 
 (H8 Stat., 667.) 
 
 R. S., 1,537. 
 
 Desertion of 
 seamen abroad. 
 R. S., WOO. 
 June 26, 1881,. 
 mtitat.,55.) 
 Sec. 6. 
 
 Dec. U, 1898. 
 {SO Stat, 761.) 
 Sec. 21. 
 
 states, 
 jR. S 
 
BUREAU OF NAVIGATION 207 
 
 magistrate, having conipotont power, to issue warrants to 
 cause sueli person to be ari'ested for examination. If, on 
 examination, tiie facts stated are found to be true, the per- 
 son arrested not being a citizen of the United States, shall 
 be delivered up to the consul or vice-consul, to be s(>nt back 
 tothedominions of any suchgovei-nment, or, on the request 
 and at the expense of the consul or vice-consul, shall bo 
 detained until the consul or viee-eonsul finds an opportu- 
 nity to send him l)ack to the dominions of any such gov- 
 cnunent. No person so arrested shall l)o detained more 
 than two months after his arrest; ))ut at the end of that 
 time shall l)e set at liberty, and shall not be again molested 
 for the same cause. If any such dcsoi'ter shall 1)0 found to 
 ha\e conunitted any crime or otiense, his surrender may be 
 delayed until the tribunal l)efore which the case shall ))e 
 depending, or may be cognizable, shall have pronounced 
 its sentence, and such sentence shall have been carried 
 into etl'ect. 
 
 Every shipping-commissioner shall hear and decide any fo^e'^^hTppTn^g- 
 question whatsoever between a master, consignee, agent, commissioner. 
 or owner, and any of his crew, which both parties agree in "" '-■•''^^*' 
 writing to submit to him; and every award so made bj^ him 
 shall ))e binding on both parties, and shall, in any legal 
 proceedings which may be taken in the matter, before any 
 court of justice, be deemed to be conclusive as to the rights 
 of parties. And any document under the hand and official 
 seal of a commissioner purporting to be such submission 
 or award, shall l)e prima-facie evidence thereof. 
 
 In any proceeding relating to the wages, claims, or dis- ^- '^'- '^^5^- 
 charge of a seaman, carried on before any shipping-com- 
 missioner, under the provisions of this Title [K. S., 4501- 
 4612], such shipping-commissioner may call upon the owner, 
 or his agent, or upon the master, or any mate, or nny other 
 member of the crew, to produce any log-books, papers, or 
 other documents in their possession or power, respectively, 
 relating to any matter in question in such proceedings, and 
 may call before him and examine any of such persons, being- 
 then at or near the place, on any such matter; and every 
 owner, agent, master, mate, or other member of the crew 
 who, when called upon ])y the shipping-commissioner, does 
 not produce auA' such books, papers, or documents, if in his 
 possession or power, or does not appear and give evidence, 
 shall, unless he shows some reasonable cause for such a 
 default, be lial)le to a penalty of not more than one hundred 
 dollars for each offense; and, on application made bv the 
 shipping- conunissioner, shall be further punished, in the 
 discretion of the court, as in other cases of contempt of the 
 process of the coui't. 
 
 If. within twenty-four hours after the arrival of any soliciting 
 vessel at any port in the United States, any person, then "/s^^^^eo?. 
 being on board such vessel, solicits any seaman to V)ecome 
 a lodger at the house of any person letting lodgings for 
 hire, or takes out of such vessel any eft'ects of any seaman, 
 except under his personal direction, and with the permis- 
 sion of the master, he shall, for every such offense, be 
 
208 BUREAU OF NAVIGATION 
 
 punishable by a tine of not more than fifty dollars, or by 
 
 imprisonment for not more than three months. 
 
 Return of sea- It shall be the clutv of the consuls, vice-consuls, corn- 
 men from for- • i , -it • i ^ i- i • , 
 
 eign ports, Alas- mcrcial agcuts, and vice-commercial agents, from time to 
 ports*^"^ ^"*"^'^'' time, to provide for the seamen of the United States, who 
 £. k, 1,577. may be found destitute within their districts, respectively, 
 sufficient subsistence and passages to some port in the 
 United States, in the most reasonable manner, at the ex- 
 pense of the United States, subject to such instructions as 
 the Secretary of State shall give. The seamen shall, if 
 able, be bound to do duty on board the vessels in which 
 they may be transported, according to their several al jilities. 
 ReiiefofAmer- Relief and protection of American seamen in foreign 
 ^^^Feh'^ 9^903. countries, and shipwrecked American seamen in the Ter- 
 {32 Stat., S19.) i-itory of Alaska, in the Hawaiian Islands, Porto Rico, and 
 the Philippine Islands, or so much thereof as may be 
 necessary, thirty thousand dollars. 
 R. s., 1.578. AH masters of vessels of the United States, and bound 
 
 (2$' Stat. f 65.]' to some port of the same, are required to take such desti- 
 sec. 9. ^^^p seamen on lioard their vessels, at the request of con- 
 
 sular officers, and to transport them to the port in the 
 United States to which such vessel may be bound, on such 
 terms, not exceeding ten dollars for each person for vo}^- 
 ages of not more than thirty days, and not exceeding 
 June 19, 1SS6. twcnty dollars for each person for longer voyages, as may 
 sec^is'"'*^"^ be agreed between the master and the consular officer, 
 when the transportation is by a sailing vessel; and the 
 June26,iss/,. regular steerage passenger rate not to exceed two cents 
 ilc.'^s"''^^'* P*^i' iiiilc when the transportation is by steamer; and said 
 consular officer shall issue certificates for such transporta- 
 tion, which certificates shall be assignable for collection. 
 If any such destitute seaman is so disabled or ill as to be 
 unable to perform duty, the consular officer shall so certify 
 in the certificate of transportation, and such additional 
 compensation shall be paid as the Comptroller of the 
 Treasury shall deem proper. Every such master who 
 refuses to receive and transport such seamen on the request 
 or order of such consular officer shall be liable to the United 
 States in a penalty of one hundred dollars for each seaman 
 so refused. The certificate of any such consular officer, 
 given under his hand and official seal, shall be presumptive 
 evidence of such refusal in any court of law having juris- 
 diction for the recovery of the penalty. No master of any 
 June 19, 18S6. vcsscl shall, howcver, be obliged to take a greater number 
 s^c.'m'''*^"^ than one man to eveiy one hundred tons burden of the 
 vessel on an}' one voj^age, or to take any seaman having a 
 contagious disease. 
 U.S., 1,579. Whenever distressed seamen of the United States are 
 
 transported from foreign ports where there is no consular 
 officer of the United States, to ports of the United States, 
 there shall be allowed to the master or owner of each ves- 
 sel, in Avhich they are transported, such reasona1)le com- 
 pensation, in addition to the allowance now fixed by law, 
 as shall be deemed equitable by the Comptroller of the 
 Treasury. 
 
BUREAU OF NAVIGATION 209 
 
 Whenever any seaman or apprentice belonging: to or sent Kf^ccts of de- 
 
 •' . Tiii p • • ceiiseo seamen. 
 
 home on any nioroliant "vessel, wlietner a roreitj'n-o'onij>; or m. k, i,5S8. 
 domestic vessel, employed on a voyaoe which is to t<'rmi- 
 nate in the United States, dies durino- snch voyage, the 
 master shall take char^^e of all moneys, clothes, and eti'ects 
 whiih he leaves on board, and shall, if he thinks tit, cause 
 all or an}" of such clothes and eti'ects to be sold l)y auction 
 at the mast or other public auction, and shall thereupon 
 siijn an entry in the otlicial loo-book, and cause it to be 
 attested ))y the mate and one of the crew, containing- the 
 following- particulars: 
 
 First. A statement of the amount of mone}' so left b}' 
 the deceased. 
 
 Second. In case of a sale, a description of each article 
 sold, and the sum received for each. 
 
 Third. A statement of the sum due to deceased as w^ages, 
 and the total amount of deductions, if any, to be made 
 therefrom. 
 
 In cases embraced by the preceding section, the following ^^- *'■• -i^^^- 
 rules shall l)e observed: 
 
 First. Jf the vessel proceeds at once to any. port in the 
 United States, the master shall, within forty-eight hours 
 after his arrival, deliver any such eti'ects remaining unsold, 
 and pay any money which he has taken charge of, or 
 received from such sale, and the balance of wages due to 
 the deceased, to the shipping-commissioner at the port of 
 destination in the United States. 
 
 Second. If the vessel touches and remains at some foreign 
 port before coming to any port in the United States, the 
 master shall report the case to the United States consular 
 ofiicer there, and shall give to such officer any information 
 he requires as to the destination of the vessel and probable 
 length of the voyage; and such officer may, if he considers 
 it expedient so to do, require the eti'ects, money, and wages 
 to be delivered and paid to him, and shall, upon such delivery 
 and payment, give to the master a* receipt; and the master 
 shall within forty-eight hours after his arrival at his port 
 of destination in the United States produce the same to the 
 shipping-commissioner there. Such consular officer shall, 
 in any such case, indorse and certify upon the agreement 
 with the crew the particulars with respect to such delivery 
 and payment. 
 
 Third. If the consular officer does not require such pay- 
 ment and deliver}' to be made to him, the master shall take 
 chaige of the effects, monc}', and wages, and shall, within 
 forty-eight hours after his arrival at his port of destination 
 in the United States, deliver and pay the same to the ship- 
 l)i ng-conunissioner there. 
 
 Fourth. The master shall, in all cases in which an}' sea- 
 man or apprentice dies during the voyage or engagement, 
 give to such othcer or shipping-connnissioner an account, in 
 such form as they may respectively retiuire, of the effects, 
 money, and wages so to be delivered and paid; and no 
 deductions claimed in such account shall t)e allowed unless 
 27028—04 14 
 
210 BUKEAU OF NAVIGATIOlSr 
 
 verified by an entry in the oflicial log-book, if there be any; 
 and l)y such other vouchers, if any, as ma}' ])o reasonably 
 required l)y the officer or shipping-commissioner to whom 
 the account is rendered. 
 
 Fifth. Upon due compliance with such of the provisions 
 of this section as relate to acts to he done at the port of 
 destination in the United States, the shipping-commissioner 
 shall grant to the master a certificate to that effect. No 
 officer of customs shall clear any foreign-going vessel with- 
 out the production of such certificate. 
 
 K. s., i,5uo. Whenever any master fails to take such charge of the 
 
 money or other effects of a seaman or apprentice during a 
 vo3"age, or to make such entries in respect thereof, or to 
 procure such attestation to such entries, or to make such 
 payment or delivery of any money, wages, or effects of any 
 seaman or apprentice dying during a voyage, or to give 
 such account in respect thereof as is above directed, he 
 shall 1)6 accountable for the money, wages, and effects of 
 the seaman or apprentice to the circuit court in whose juris- 
 diction such port of destination is situate, and shall pay 
 and deliver the same accordingly^; and he shall, in addition, 
 for every such offense, be liable to a penalt}^ of not more 
 than treble the value of the mone}" or effects, or, if such 
 value is not ascertained, not more than two hundred dol- 
 lars; and if any such money, wages, or effects are not dul}^ 
 paid, delivered, and accounted for b}^ the master, the owner 
 of the vessel shall pay, deliver, and account for the same, 
 and such money and wages and the value of such effects 
 shall be recoverable from him accordingl}"; and if he fails 
 to account for and pay the same, he shall, in addition to 
 his liability for the money and value, be liable to the same 
 penalty which is incurred by the master for a like offense; 
 and all money, wages, and effects of an}' seaman or appren- 
 tice dying during a voj^age shall ])e recoverable in the 
 courts and ])y the modes of proceeding by which seamen 
 are enabled to recover wages due to them. 
 
 Maf.'s'^i'm Whenever any such seaman or apprentice dies at any 
 
 (29 Stat, 6S9.) place out of the United States, leaving any money or effects 
 not on board of his vessel, the consular officer of the United 
 States at or nearest the place shall claim and take charge 
 of such money and eflects, and shall, if he thinks fit, sell 
 all or any of such effects, or any effects of any deceased 
 seaman or apprentice delivered to him under the provisions 
 of this Title [R. S., 4501-4612], and shall quarterly remit 
 to the circuit court for the circuit embracing the port from 
 which such vessel sailed, or the port where the voyage 
 terminates, all mone3's belonging to or arising from the 
 sale of the effects or paid as the wages of an}' deceased 
 seamen or apprentices which have come to his hands; and 
 shall render such accounts thereof as the circuit court 
 requires. 
 
 V. , ., i.51,2. Whenever any seaman or apprentice dies in the United 
 
 States, and is, at the time of his death, entitled to claim 
 
BUREAU OF NAVIGATION 211 
 
 U'ou\ tlio mjistor or ownor of any vess(^l in Avliich \\c lias 
 
 s(M'\o(l, any unpaid wa_i>vs or ortet'ts.such master or owner 
 
 shall pay and dclixor. or account for the same, to tli(> shij)- .unr.3. isdt. 
 
 pino'-connuissioncrat the port where the seaman orai)pren- (^^»''jJa<-.««9) 
 
 lice was discharord, or was to have been dischar^^ed, or 
 
 whore he died. 
 
 Kvery shippino'-commissioner in the United Stiites shall, ^'- '''■' ''^''^■ 
 within one week from the date of receiving- any such 
 nion(\v, wai>es, or (>tfects of any deceased seaman or ap- 
 ])rentice, pay, remit, oi' deliver to the circuit court of the 
 circuit in which he r(\><ides, the mon<\v, wages, or etl'ects, 
 sul)j(M't to such deductions as may ))e allowed 1)}' the cir- 
 cuit court for expenses incurred in res])ei't to such money 
 and ert'ects; and should an}' conuuissioiier fail to pay, re- 
 mit, and deliver the same to the circuit court, within the 
 time hereinbefore mentioned, he shall incur a penalty of 
 not more than treble the value of such money and etl'ects. 
 
 1 f the moni>v and effects of any seaman or appiTutice paid, ^>^- >'''•. *•'«. 
 remitted, or delivered to tlu^ circuit court, including the 
 moneys received for any part of his etiects which have been 
 sold, either before delivery to the circuit court, or by its 
 directions, do not exceed in value the sum of three hundred 
 tloUars, then, subject to the provisions hereinafter con- 
 tained, and to all such deductions for expenses incurred in 
 respect to the seaman or apprentice, or of his money and 
 etiects, as the said court thinks tit to allow, the court may 
 pay and deliver the said money and effects to any claimants 
 who can i)rove themselves either to be his widow or chil- 
 dren, or to be entitled to the effects of the deceased under 
 his will, or under any statute, or at common law, or to be 
 entitled to procure probate, or takeout letters of adminis- 
 tration or contirmation, although no probate or letters of 
 administration or contirmation have been taken out, and 
 shall be therein' discharged from all further liability in 
 respect of the money and etl'ects so paid and delivered; or 
 may. if it thinks tit so to do, requ'ire prol)ate, or letters of 
 administration or contirmation, to be taken out, and there- 
 upon pay and deliver the said money and etfects to the 
 legal personal representatives of the deceased; and if such 
 money and etl'ects exceed in value the sum of three hundred 
 dollars, then, subject to deduction for expenses, the court 
 shall pay and deliver the same to the legal personal repre- 
 sentatives of the deceased. 
 
 A circuit court, in its discretion, may at any time direct ^jJ-J^'^fsg? 
 the sale of the wdiole or any part of the effects of a deceased Ip ka't., eso.) 
 seaman or apprentice, Avhich it has received or ma}' here- ^^^^ '" 
 after receive, anfl shall hold the proceeds of such sale as 
 the wages of deceased seaman are held. When no claim 
 to th(> wages or effects or proceeds of the sale of the etf'ects 
 of a deceased seaman or apprentice, received by a circuit 
 court, is substantiated within six years after the receipt 
 thereof I)y the court, it shall be in the absolute discretion 
 of the court, if any subsequent claim is made, either to 
 allow or refuse the same. Such courts shall, from time 
 
212 BUEEAU OF NAVIGATION 
 
 to time, pa}" any moneys arising" from the unclaimed wages 
 and effects of deceased seamen, which in their opinion it 
 is not necessary to retain for the purpose of satisfying 
 claims, into the Treasury of the United States, and such 
 moneys shall form a fund for, and be appropriated to, 
 the relief of sick and disabled and destitute seamen belong- 
 ing to the United States merchant marine service. 
 Offenses an <i The worcls "domestic trade" in this section shall include 
 ^"b.'!s'.™596.^' trade between ports of the United States and trade between 
 fso'siailm.) poi'ts of the United States and the Dominion of Canada, 
 Sec. 19. ' Newfoundland, the West Indies, and Mexico. The words 
 "foreign trade" shall include trade between ports of the 
 United States and foreign ports, except as above specified, 
 and trade between Atlantic and Pacific ports of the United 
 States. Whenever any seaman who has been lawfully en- 
 gaged or any apprentice to the sea service commits any of 
 the following ofi'enses he shall be punishable as follows: 
 
 First. For desertion, if the ofi'ense occur at a port of the 
 United States, or a foreign port in the domestic trade, by for- 
 feiture of all or any part of the clothes or effects he leaves 
 on board and of all or any part of the wages or emoluments 
 which he has then earned. If the offense occur at a foreign 
 port in the foreign trade, b}" forfeiture of all or any part of 
 the clothes or effects he leaves on board and of all or any 
 part of the wages or emoluments which he has then earned; 
 and also, at the discretion of the court, by imprisonment for 
 not more than one month. 
 
 Second. For neglecting or refusing, without reasonable 
 cause, to join his vessel or to proceed to sea in his vessel, 
 or for absence without leave at any time within twenty- 
 four hours of the vessel's sailing from any port, either at 
 the conmiencement or during the progress of any voyage, 
 or for absence at any time without leave and without suf- 
 ficient reason from his vessel or from his duty, not amount- 
 ing to desertion or not treated as such by the master, if 
 the offense occur at a port of the United States or a foreign 
 port in the domestic trade, b}' a forfeiture from his wages 
 of not more than two days' pa}^, or sufficient to defray any 
 expenses which have been properly incurred in hiring a 
 substitute; or if the offense occur at a foreign port, in the 
 foreign trade, bj^ a forfeiture from his wages of not more 
 than two days' pa}", or, at the discretion of the court, by 
 imprisonment for not more than one month. 
 
 Third. For quitting the vessel, in whatever trade en- 
 gaged, at a foreign or domestic port, without leave after 
 her arrival at her port of delivery and before she is placed 
 in security, by forfeiture from his wages of not more than 
 one month's pa}". 
 
 Fourth. For willful disobedience to any lawful com- 
 mand at sea, by being, at the option of the master, placed 
 in irons until such disobedience shall cease, and upon 
 arrival in port, if of the United States, by forfeiture from 
 his wages of not more than four days' pay, or upon arrival 
 in a foreign port by forfeiture from his wages of not more 
 
BUREAU OF NAVIGATION 213 
 
 than four days' pay, or, at tho discretion of tlio court, l)y 
 iniprisonnuMit for not niort* than one month. 
 
 Fifth. For fontinucd willful (UsolKHlicncc to lawful Coui- 
 niancl or continued willful ni'^hn-t of (hity at sea by ln'ing-, 
 at the oi)tion of the master, placed in irons, on bread and 
 water, with full rations every tifth day, luitil such dis- 
 obedience shall cease, and upon arrival in port, if of the 
 Fnited States, l)v forfeiture, for every twenty-four hours' 
 contiiuiance of such disobedi(>nce or ncg-lect, of (Mther a 
 sum of not moie than twelve days' pay or sufficient to 
 defray any expenses which have been properly incurred 
 in hirino- a substitute, or upon arrival in a foreion port, 
 in adtlition to the a))ove penalty, by imprisonment for not 
 more than three months, at the discretion of the couit. 
 
 Sixth. For assaulting- any master or mate, in whatever 
 trade engaged, by imprisonment for not more than tAvo 
 years. 
 
 Seventh. F^or willfully damaging the vessel, or embez- 
 zling or willfulh' damaging any of the stores or cargo, in 
 whatever trade engaged. In- forfeiture out of his wages of 
 a sum eijual in amount to the loss therel)y sustained, and 
 also, at the discretion of the court, b}' imprisonment for 
 not more than twelve months. 
 
 Eighth. For an}' act of smuggling for which he is con- 
 victed, and whereb}' loss or damage is occasioned to the 
 master or owner, in whatever trade engaged, he shall be 
 liable to pay such master or owner such a sum as is suffi- 
 cient to reiml)urse the master or owner for such loss or 
 damage; and the whole or any part of his wages may be 
 retained in satisfaction or on account of such liability; and 
 he shall be liable to imprisonment for a period of not more 
 than twelve months. 
 
 Upon the commission of anv of the offenses enumerated ^- ■^- '•^^~- 
 in the preceding section an entry thereof shall be made in {sostai.,76i.) 
 the official log book on the day on which the offense was ^^''' ^^' 
 committed, and shall be signed hy the master and by the 
 mate or one of the crew" and the offender, if still in the 
 vessel, shall, before her next arrival at any port, or, if she 
 is at the time in port, before her departure therefrom, be 
 furnished with a copy of such entry, and have the same 
 read over distinctly and audil^l}- to him, and may thereupon 
 make such a reply thereto as he thinks fit; and a state- 
 ment that a cop3' of the entr}" has been so furnished, or 
 the same has been so read over, together w'ith his reply, 
 if any. made by the offender, shall likewise be entered and 
 signed in the same manner. In any subsequent legal pro- 
 ceedings the entries hereinbefore re(piired shall, if prac- 
 ticable, be produced or proved, and in default of such pro- 
 duction or proof the court hearing the case mav, at its 
 discretion, refuse to receive evidence of the offense. 
 
 All clothes, effects, and wages which, under tht» provi- ^''- •''■. ^'-w- 
 sjons of this Title [R. S., -t501-4t>12J, are forfeited for deser- 
 tion^ shall be applied, in the first instance, in payment of 
 the expenses occasioned ])y such desertion, to the maater 
 
214 BUREAU OF NAVIGATION 
 
 or owner of the vessel from which tJio desertion has taken 
 place, and the balance, if any, shall be paid by the master 
 or owner to any shippino- commissioner resident at the port 
 at which the vo3'age of such vessel terminates; and the 
 shipping-conmiissioner shall account for and pay over such 
 balance to the judge of the circuit court within one month 
 after the commissioner receives the same, to be disposed 
 of by him in the same manner as is prescribed for the dis- 
 posal of the monc}", effects, and wages of deceased sea- 
 men. Whenever any master or owner neglects or refuses 
 to pay over to the shipping-commissioner such balance, he 
 shall be liable to a penalty of doul)le the amount thereof, 
 recoverable by the commissioner in the same manner that 
 seamen's wages are recovered. In all other cases of for- 
 feiture of wages, the forfeiture shall be for the benefit of 
 the master or owner by whom the wages are payable. 
 s. s., U602. Any master of, or any seaman or apprentice belonging 
 
 to, any merchant vessel, who, by willful breach of duty, 
 or by reason of drunkenness, does any act tending to the 
 immediate loss or destruction of, or serious damage to such 
 vessel, or tending immcdiatel}" to endanger the life or limb 
 of an}'^ person belonging to or on board of such vessel; or 
 who, by willfid l)reach of dut}", or b}^ neglect of duty, or 
 by reason of drunkenness, refuses or omits to do any law- 
 ful act proper and requisite to be done by him for pre- 
 serving such vessel from immediate loss, destruction, or 
 serious damage, or for preserving any person belonging 
 to or on board of such ship from immediate danger to life 
 or limb, shall, for every such offense, be deemed guilty of 
 a misdemeanor, punishable b}^ imprisonment for not more 
 than twelve months. 
 R. s., ueos. -^Q .seaman in the merchant-service shall wear any sheath- 
 
 knife on shipboard. It shall be the dut}' of the master of 
 any vessel registered, enrolled, or licensed under the laws 
 of the United States, and of the person entering into con- 
 tract for the employment of a seaman upon any such ves- 
 sel, to inform every person offering to ship himself of the 
 provisions of this section, and to require his compliance 
 therewith, under a penalty of fff ty dollars for each omission, 
 fs^'siat^fsg) ^° ^■•^ sued for and recovered in the name of the United 
 Sec. 10. ' States, under the direction of the Secretary of Commerce 
 and La])or; one half for the benefit of the informer, and 
 the other half for the benefit of the fund for the relief of 
 sick and disabled seamen. 
 ishmTnt^'^prohib- ^l^^teS'i"^' '^"^^ '^^^ othcr f omis of corporal punishment are 
 ited. herel)y prohibited on board any vessel, and no form of cor- 
 
 D'ec.'hums. poral punishment on board any vessel shall be deemed 
 Sec^^f''''^''^'^ justifiable, and any master or other officer thereof who 
 shall violate the aforesaid provisions of this section or 
 either thereof shall l)e deemed guilty of a misdemeanor, 
 punishal)le by imprisonment not less than three months or 
 more than two years. AVhenever any officer other than the 
 
BUREAU OF NAVIGATION 215 
 
 itiiistor of such vessel shall violate any provision of tliis 
 section, it shall be the duty of such master to surrender 
 such olliccr to the jiroper authorities as soon as practi- 
 cable. Any faihire upon the [)!irtof such master to comply 
 her(>\vith, ^\■hi(•h faihire shall result in the escape of such 
 olliccr, shall render said master liable in damages to the 
 person illeoallv punished by such officer. 
 
 All penal ti(>s a nd forfeitures imposed by this Title [R. S. , mXTw: 
 •i:5()l-4(il:^J, for the recover}' whereof no specific mode is 
 hereinbefore provided, may be recovered, with costs, in 
 any circuit court of the United States, at the suit of any 
 district attorney of the United States, or at the suit of 
 any person by information to any district attorney in any 
 port of the United States, where or near to where the 
 otiense is committed or the offender is found; and if a 
 conviction is had, and the sum imposed as a penalty by 
 the court is not paid either immediately after the convic- 
 tion, or within such period as the court at the time of the 
 conviction appoints, it shall be lawful for the court to 
 commit the offender to prison, there to be imprisoned for 
 the term hereinbefore provided in case of such offense, 
 the conunitment to be terminable upon payment of the 
 amount and costs; and all penalties and forfeitures men- 
 tioned in this Title for wdiich no special application is pro- 
 vided, shall, when recovered, be paid and applied in man- 
 ner followino-: So much as the court shall determine, and 
 the residue shall be paid to the court and be remitted from 
 time to time, by order of the judge, to the Treasury of the 
 United States, and appropriated as provided for in section 
 forty-five hundred and forty-five: Provided always^ ThoX 
 it shall be lawful for the court before which an}^ proceed- 
 ino- shall l>e instituted for the recovery of an}^ pecuniary 
 penidty imposed by this act, to mitigate or reduce such 
 penalty as to such court shall appear just and reasonable; 
 but no such penalty shall be reduced to less than one-third 
 of its original amount: Provided aho^ That all proceedings 
 so to be instituted shall be commenced within two j^ears 
 next after the conmiission of the offense, if the same shall 
 have been connnitted at or beyond the Cape of Good Hope 
 or Cape Horn, or within one year if committed elsewhere, 
 or within two months after the return of the offender and 
 the comphiining- party to the United States; and there shall 
 be no appeal from an}' decision of an}' of the circuit courts, 
 unless the amount sued for exceeds the sum of live hundred 
 dollars. 
 
 Table A. 
 
 United States of America. Formof articles 
 
 (Date and place of first signature of agreement, includ-" iJ.^s\,Vy. " 
 
 ing name of shi])ping-office.) 
 
 It is agreed between the master and seamen or mariners 
 
 of the , of which is at present 
 
216 
 
 BUREAU OF NAVIGATION 
 
 master, or whoever shall go for master, now bound from 
 
 the port of , , to , , (here the 
 
 voyage is to be described, and the places named at which 
 the vessel is to touch, or if that cannot be done, the general 
 nature and probable length of the vo^^age is to be stated.) 
 
 And the said crew agree to conduct themselves in an 
 orderlj^ faithful, honest, and sober manner, and to be at 
 all times diligent in their respective duties, and to be obe- 
 dient to the lawful commands of the said master, or of any 
 person who shall lawfully succeed him, and of their supe- 
 rior officers in everything relating to the vessel, and the 
 stores and cargo thereof, whether on board, in boats, or on 
 shore; and in consideration of which service, to be duly 
 performed, the said master hereby agrees to pay the said 
 crew, as wages, the sums against their names respectively 
 expressed, and to supply them with provisions according 
 to the annexed scale. And it is hereby agreed that any 
 embezzlement, or w illful or negligent destruction of any 
 part of the vessel's cargo or stores, shall l)e made good to 
 the owner out of the wages of the person guilt}' of the 
 same; and if any person enters himself as qualilied for a 
 duty which he proves himself incompetent to perform, his 
 wages shall be reduced in i:)roportion to his incompetency. 
 And it is also agreed that if any member of the crew con- 
 siders himself to be aggrieved by any breach of the agree- 
 ment or otherwise, he shall represent the same to the 
 master or officer in charge of the vessel, in a quiet and 
 orderly manner, who shall thereupon take such steps as 
 the case may require. And it is also agreed that (here any 
 other stipulations ma}' be inserted to which the parties 
 agree, and which are not contrary to law). 
 
 In witness whereof the said parties have subscribed their 
 names hereto, on the days against their respective signa- 
 tures mentioned. 
 
 Signed by , master, on the day of 
 
 , eighteen hundred and . 
 
 June S6, 1881,. 
 (23 Slat, 65.) 
 See. 10. 
 
 Dec. n. 1898. 
 (.WStat., 763.) 
 Sec. U. 
 
 
 
 Height. 
 
 Descrip- 
 tion. 
 
 
 
 
 Tim 
 
 serv 
 
 e of 
 ice. 
 
 
 
 C 
 
 
 
 
 ai 
 
 A 
 
 
 
 
 
 
 
 
 
 s 
 
 
 
 
 
 .25 
 
 
 
 
 
 
 
 
 
 
 a 
 
 
 C 
 
 a 
 
 
 
 
 
 
 
 
 0) 
 
 a 
 
 01 . 
 
 'S 
 
 li 
 
 
 P. 
 
 5 
 
 in 
 < 
 
 
 
 3 
 'S 
 Si 
 "3. 
 
 a 
 
 
 
 'S 
 
 be 
 
 C3 
 
 u 
 
 
 p. 
 
 Sue 
 
 "0 . 
 
 5 
 
 
 a 
 < 
 
 5 
 a 
 
 J5 
 
 
 
 
 
 Si 
 
 3 
 be 
 
 5 
 a> 
 
 
 
 oi 
 
 a 
 
 ci 
 S3 
 
 a 
 
 ^2 
 C a! 
 
 2 
 
 CO 
 
 0. 
 
 a 
 
 a 
 
 
 < 
 
 
 
 
 
 Note. — In the place for signatures and descriptions of 
 men engaged after the first departure of the ship, the 
 
BUREAU OF NAVIGATION 
 
 217 
 
 entries arc to bo made as above, except that the signatures 
 of the consul or \'ioo-c'on.sul, officer of customs, or witness 
 before whom the man is enoao-ed, is to be substituted for 
 that of the shipping-master. 
 
 Christian and 
 surname of ap- 
 prentice in full. 
 
 Dato of regis- 
 try of inden- 
 ture. 
 
 Port at whieli 
 
 indenture was 
 
 registered. 
 
 Date of regis- 
 ter of assign- 
 ment. 
 
 Port at which Account of ap- 
 
 a.ssign men t was P r e n 1 1 c e s on 
 
 registered. ^^o^rd. 
 
 A'. ,S'., 1,612. 
 
 Water quarts.. 
 
 Biseuit pound. . 
 
 Beef, salt pounds. . 
 
 Pork, salt pound. . 
 
 Flour pound . . 
 
 Canned m-eat pound . . 
 
 Fresh bread pounds. . 
 
 Fish, dry, preserved, or fresh ...pound.. 
 
 Potatoes or yams pound . . 
 
 Canned potatoes pound . . 
 
 Pease pint . . 
 
 Beans pint. . 
 
 Riee pint.. 
 
 Coffee (green berry) ounce. . 
 
 Tea ounce. . 
 
 Sugar ounces. . 
 
 Molasses pint. . 
 
 Pried fruit ounces. . 
 
 Pickles pint.. 
 
 Vinegar pint.. 
 
 Corn meal ounces.. 
 
 Onions ounces. . 
 
 Lard ounce. . 
 
 Butter ounce. . 
 
 Mustard, pepper, and salt sufficient for 
 seasoning. 
 
 Scale of provi- 
 sions to be al- 
 io wed and served 
 out to the crew 
 during the voy- 
 age. 
 
 K. .S., 1,612. 
 
 Dec. 21, 189S. 
 
 (SO Stat., 762.) 
 
 Sec. 23. 
 
 SUBSTITUTES 
 
 One pound of flour dail}' mav be .substituted for the daily 
 ration of biscuit or fresh ))read; two ounces of desiccated 
 vegetables for one pound of potatoes or yams; six ounces 
 of hominy, oatmeal, or cracked wheat, or two ounces of 
 tapioca, for six ounces of rice; six ounces of canned vegeta- 
 bles for one-half pound of canned tomatoes; one-eighth of 
 an ounce of tea for three-fourths of an ounce of coffee; 
 thi-ee-fourths of an ounce of cotJee for one-eighth of an 
 ounce of tea; six ounces of canned fiuit for three ounces 
 of dried fruit; one-half ounce of lime juice for the daily 
 ration of vinegar; four ounces of oatmeal or cracked 
 
218 
 
 BUREAU OF NAVIGATION 
 
 wheat for one-half pint of corn meal; two ounces of 
 pickled onions for four ounces of fresh onions. 
 
 When the vessel is in port and it is possible to obtain 
 the same, one-and-one-half pounds of fresh meat shall be 
 substituted for the daily rations of salt and canned meat; 
 one-half pound of green cabbage for one ration of canned 
 tomatoes; one-half pound of fresh fruit for one ration of 
 dried fruit. Fresh fruit and vegetables shall be served 
 while in port if obtainable. The seamen shall have the 
 option of accepting the fare the master may provide, but 
 the right at any time to demand the foregoing scale of pro- 
 visions. The foregoing scale of provisions shall be inserted 
 in every article of agreement, and shall not be reduced b}^ an}^ 
 contract, except as above, and a copy of the same shall be 
 posted in a conspicuous place in the galley and in the fore- 
 castle of each vessel. [Fishing or whaling vessels or yachts 
 exempt, December 21, 1898, sec. 26.] 
 
 Table B 
 
 Certificate 
 discharge. 
 
 a. s., itGn. 
 
 of . 
 
 
 
 
 
 
 
 
 , 
 
 
 
 
 
 B 
 
 
 
 bp 
 
 
 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 
 
 
 aj t^ 
 
 
 
 
 
 
 
 9a 
 
 
 
 
 
 O 
 
 
 
 6 
 
 6 
 
 
 
 
 
 a 
 
 
 
 
 0) 03 
 
 
 
 he 
 
 
 |2 
 
 u 
 .2 
 
 o 
 
 a 
 a 
 
 oft 
 
 ■It 
 
 'u u 
 
 O O 
 
 03 
 
 a 
 i 
 
 o 
 
 a 
 
 a) 
 
 o 
 
 OS 
 
 "sa 
 
 n. 
 
 a 
 
 03 
 
 -a 
 a 
 
 ■3 
 
 03 
 S3 
 
 O 
 0) 
 
 o 
 
 03 
 
 si 
 
 
 o 
 
 0) 
 
 
 oj 
 
 ^ 
 
 
 03 
 
 
 
 ;z; 
 
 Ah 
 
 H 
 
 o 
 
 'A 
 
 Ph 
 
 « 
 
 Q 
 
 o 
 
 O 
 
 Q 
 
 a 
 
 CL, 
 
 
 
 
 
 ' 
 
 
 
 
 
 
 
 
 
 I certify that the above particulars are correct, and that 
 the above-named seaman was discharged accordingly. 
 Dated day of , eighteen hundred and . 
 
 (Signed) , Master. 
 
 (Countersigned) , Seaman. 
 
 Given to the above-named seaman in my presence this 
 — day of , eighteen hundred and . 
 
 (Signed) 
 
 Shipping-Commissioner. 
 
 over"^AmeHean Whenever it is stipulated by treaty or convention 
 
 seamen in lor between the United States and any foreign nation that the 
 
 fofdgn'^'^slamen consul-general, consuls, vice-consuls, or consular or com- 
 
 portf ™^'^'*^'"^^^^^^^"^^^^ agents of each nation, shall have exclusive juris- 
 
 R. k, 4079 diction of controversies, difficulties, or disorders arising at 
 
 sea or in the waters or ports of the other nation, between 
 
 the master or officers and any of the crew, or between any 
 
 of the crew themselves, of any vessel belonging to the 
 
burp:au of navigation 219 
 
 nation icprosoiitod by such consular oiKcer, such stipula- 
 tions shall Ih' I'xocutod and cnforrcd within tho jurisdic- 
 tion of the United States as hcrci nailer declared. Bnt 
 before this section siiall take etl'ect as to the vessels of any 
 particular nation havin<isuch treaty with the United States, 
 the President shall hi' satisfied tiiat similar ])rovisions have 
 l)een made for the execution of such treaty by the other 
 contractino- i^arty, and shall issue his proclamation to that 
 eti'ect, deelarino" this section to be in force as to such nation. 
 
 In all cases within the purview of the preceding section a. s.,/,o8o. 
 the consul-general, consul, or other consular or commercial 
 authority of such foreign nation charged Avith the appro- 
 priate duty in the particular case, uiay make application 
 to any court of record of the United States, or to any judge 
 thei'cof, or to any commissioner of a district court, setting 
 forth that such controversy, difficulty, or disorder has 
 arisen, brietlv stating the nature thereof, and when and 
 where the same occurred, and exhibiting a certified cop}' or 
 abstract of the shipping-articles, roll, or other proper paper 
 of the vessel, to the effect that the person in question is of 
 the crew or ship's company of such vessel; and further 
 stating and certifying that such person has withdrawn him- 
 self, or is believed to be about to withdraw himself, from 
 the control and discipline of the master and officers of the 
 vessel, or that he has refused, or is about to refuse, to sub- 
 mit to and obey the lawful jurisdiction of such consular or 
 conunercial authority in the premises; and further stating 
 and certrfying that, to the best of the knowledge and belief 
 of the officer certifying, such person is not a citizen of the 
 United States. Such application shall be in writing and 
 duly authenticated ])y the consular or other sufficient offi- 
 cial seal. Thereupon such court, judge, or commissioner 
 shall issue his warrant for the arrest of the person so com- 
 plained of, directed to the marshal of the United States 
 for the appropriate district, or in his discretion to any per- 
 son, being a citizen of the United States, w'hom he may 
 specially depute for the purpose, requiring such person to 
 be brought before him for examination at a certain time 
 and place. 
 
 If, on such examination, it is made to appear that the r.s.,/,08i. 
 person so arrested is a citizen of the United States, he shall 
 be forthwith discharged from arrest, and shall be left to 
 the ordinary course of law. But if this is not made to 
 appear, and such court, judge, or commissioner finds, upon 
 the papers hereinbefore referred to, a sufficient prima- 
 facie case that the matter concerns only the internal order 
 and discipline of such foreign vessel, or, whether in its 
 nature civil or criminal, does not affect directly the execu- 
 tion of the laws of the United States, or the rights and 
 duties of any citizen of the United States, he shall forth- 
 with, by his warrant, connnit such person to prison, where 
 prisoneis under sentence of a court of the United States 
 may be lawfully connnitted, or, in his discretion, to the 
 master or chief officer of such foreign vessel, to be subject 
 
220 BUREAU OF NAVIGATION 
 
 to the lawful orders, control, and discipline of such master 
 or chief officer, and to the jurisdiction of the consuhir or 
 commercial authority of the nation to which such vessel 
 belongs, to the exclusion of any authority or jurisdiction 
 in the premises of the United States or any State thereof. 
 No person shall be detained more than two months after 
 his arrest, but at the end of that time shall l)e set at liberty 
 and shall not again be arrested for the same cause. The 
 expenses of the arrest and the detention of the person so 
 arrested shall be paid by the considar officer making the 
 application. 
 
 DUTIES or REVENUE-CUTTER OFFICERS 
 
 R.s.,2760. rpj^^ officers of the revenue-cutters shall respectively be 
 
 deemed officers of the customs, and shall be subject to the 
 direction of such collectors of the revenue, or other officers 
 thereof, as from time to time shall be designated for that 
 purpose. They shall go on board all vessels which arrive 
 within the United States or within four leagues of the 
 coast thereof , if bound for the United States, and search- 
 and examine the same, and every part thereof, and shall 
 demand, receive, and certify the manifests required to be 
 on board certain vessels, shall affix and put proper fasten- 
 ings on the hatches and other communications with the 
 hold of any vessel, and shall remain on board such vessels 
 until they arrive at the port or place of their destination. 
 
 E.s.,2761. i-pj^g master of any revenue-cutter shall make a weekly 
 
 return to the collector, or other officer of the district under 
 whose direction it is placed, of the transactions of the cut- 
 ter, specifying the vessels that have been boarded, their 
 names and descriptions, the names of the masters, from 
 what port or place they last sailed, whether laden or in 
 ballast, to what nation belonging, and whether they have 
 the necessary manifests of their cargoes on board, and 
 generally all such matters as it may be necessary for the 
 officers of the customs to know. 
 
 ASSISTANCE BY UNITED STATES VESSELS 
 
 R. s., 2759. rjij-^g revenuc-cuttcrs on the northern and northw^estern 
 
 lakes, when put in commission, shall be specially charged 
 with aiding vessels in distress on the lakes. 
 
 R. s., 15S6. The President may, when the necessities of the service 
 
 permit it, cause any suitable number of public vessels 
 adapted to the purpose to cruise upon the coast in the sea- 
 son of severe weather and to ati'ord such aid to disti'essed 
 navigators as their circumstances may retjuire; and such 
 public vessels shall go to sea fully prepared to render such 
 assistance. 
 
 NAVY RATION 
 
 R.s.,i5so.^ The Navy ration shall consist of the following daily 
 
 (ssssto/fets.) allowance of provisions to each person: One pound and a 
 
BUREAU OF NAVIGATION 221 
 
 quarter salt or smoked nu>at, "svith three ounces of dried 
 or six ounces of canned fruit, and three ^ills of heans or 
 peas, or twelve ounces of Hour; or one pound of preserved 
 meat, with threi^ oimces of dried or six ounces of canned 
 fruit, and twelve ounces of rice or ei^^lit ounces of canned 
 vetjetahles or four ounces of desiccated vegetables; 
 together with one pound of biscuit, two ounces of butter, 
 four ounces of sugar, two ounces of coffee or cocoa or 
 one-half ounce of tea and one ounce of condensed uiilk or 
 evaporated cream; and a Aveekl}' allowance of one-half 
 pound of macaroni, four ounces of cheese, four ounces of 
 tomatoes, one-half pint of vineu-ar, one-half pint of pickles, 
 one-half pint of molasses, four ounces of salt, one-quarter 
 ounce of pepper, and one-half ounce of dry mustard. 
 Five pounds of lard or a suitable substitute shall be 
 allowed for every hundred pounds of flour issued as bread, 
 and such quantities of yeast as may ])e necessary. 
 
 The following substitution for the components of the jj. .s-., issi. 
 ration may be made when deemed necessar}^ by the senior fsi'stat.^^so.) 
 officer present in command: 
 
 For one and one-quarter pounds of salt or smoked meat 
 or one pound of preserved meat, one and three-quarters 
 pounds of fresh meat; in lieu of the article usually issued 
 with salt, smoked, or preserved meat, fresh vegetables of 
 equal value; for one pound of biscuit, one and one-quarter 
 pounds of soft bread, or eighteen ounces of flour; for three 
 gills of beans or peas, twelve ounces of flour or rice or 
 eight ounces of canned vegetables, and for twelve ounces 
 of flour or rice or eight ounces of canned vegetables, three 
 gills of beans or peas. 
 
 An extra allowance of one ounce of coffee or cocoa, two 
 ounces of sugar, four ounces of hard bread or its equiva- 
 lent, and four ounces of preserved meat or its equivalent 
 shall be allowed to enlisted men o'f the engineer and dynamo 
 force when standing night watches between eight o'clock 
 postmeridian and eight o'clock antemeridian under steam. 
 
 COAL AND WAR MATERIALS 
 
 The President is herel)y authorized , in his discretion, and f^^'-gf^^ ^^|^\ 
 with such limitations and exceptions as shall seem to him 
 expedient, to prohibit the export of coal or other material 
 used in war from an}' seaport of the United States until 
 otherwise ordered by the President or by Congress. 
 
 SEAWORTHINESS, SUPPLIES, LOCi-BOOK 
 
 If any person knowingly sends or attempts to send or is vell"^'^^^'''^^'^^ 
 partv to the sending or attempting to send an American hec.2i,ms. 
 ship to sea, in the foreign oi- cojistwise trade, in such an sec!^!!." 
 unseaworthy state that the life of any person is likely to be 
 thereby endangered, he shall, in respect of each offense, be 
 guilty of a misdemeanor, and shall be punished by a fine 
 
222 BUREAU OF NAVIGATION 
 
 not to exceed one thousand dollars or I)}' imprisonment not 
 to exceed live years, or Ijoth. at the discretion of the court, 
 unless he proves that either he used all reasonable means 
 to insure her beinjc^ sent to sea in a seaworthy state, or that 
 her going to sea in an unseaworthy state was, under the 
 circumstances, reasonable and justiiiable, and for the pur- 
 poses of giving that proof he may give evidcMice in the same 
 manner as any other witness. [This section shall not upply 
 to fishing or whaling vessels or yachts, Dec. 21, 1898, 
 Sec. 26. J 
 Inspection of If the first and second oflicers under the master or a 
 
 seaworthiness at • -^ ■■ ^i ,• i i i 
 
 domestic ports, majorit}" OT the crew of any vessel bound on any vo3'age 
 Dec^shms. shall, before the vessel shall have left the harbor, discover 
 (30 Stat., 757.) that the vessel is too leaky or is otherwise unfit in her 
 crew, body, tackle, apparel, furniture, provisions, or stores 
 to proceed on the intended vo3"age, and shall require such 
 unfitness to be inquired into, the master shall, upon the 
 request of the first and second oflicers under the master or 
 such majority of the crew, forthwith appl}^ to the judge of 
 the district court of that judicial district, if he shall there 
 reside, or if not, to some justice of the peace of the city, 
 town, or place for the appointment of surve^'ors, as in sec- 
 tion fort} -five hundred and fifty-seven provided, taking 
 with him two or more of the crew who shall have made 
 such request; and any master refusing or neglecting to 
 comply with these provisions shall be liable to a penalty 
 of five hundred dollars. [This section shall not apply to 
 fishing or whaling vessels or^^achts — Dec. 21, 1898, Sec. 26.] 
 R.s.,h557. The judge, or justice, in a domestic port, shall, upon 
 
 fso'staCfii.) such application of the master or commander, issue his 
 Sec. s. precept, directed to three persons in the neighborhood, the 
 
 most experienced and skillful in maritime affairs that can 
 be procured; and whenever such complaint is about the 
 provisions one of such surveyors shall be a physician or a 
 July 1, 1902. surgeon of the Public Health and Marine Hospital Service, 
 it such service is estal)lished at the place where the com- 
 plaint is made. It shall be the duty of such surve^'ors to 
 repair on board such vessel and to examine the same in 
 respect to the defects and insufficiencies complained of, 
 and make reports to the judge, or justice, as the case may 
 be, in writing, under their hands or the hands of two of 
 them, whether in any or in what respect the vessel is unfit 
 to proceed on the intended voj^age, and what addition of 
 men, provisions, or stores, or what repairs or alterations 
 in the body, tackle, or apparel will be necessary; and upon 
 such report the judge or justice shall adjudge and shall 
 indorse on his report his judgment whether the vessel is 
 fit to proceed on the intended voyage, and, if not, whether 
 such repairs can ])e made or deficiencies supplied where 
 the vessel then lies, or whether it is necessary for her to 
 proceed to the nearest or most convenient plac(^ where such 
 supplies can be made or deficiencies supplied; and the 
 master and the crew shall, in all things, conform to the 
 
 I Stat.. 712.) 
 
BUREAU OF NAVIGATION 223 
 
 jiuluniciit. 'V\\o iiijistoi' or coiiiinaiulor sluiU, in the first 
 iiistiuu'c. ]):iy all (lu^ costs of such review, report, or judg-- 
 mcnt, to 1)(^ taxed and allowed on a fair co])y thereof, cer- 
 titiiMl hy the judueor justict". l^iit if the complaint of the 
 crew shall a[)pear upon the report and judonuMit to have 
 heen without foundation, the master or connnandcr, or the 
 owner or consignee of such vessel, shall deduct the amount 
 thereof, and of reasonaldc damao-es for the detention, to be 
 ascertained l)v the judo-c or justice, out of the wages of the 
 complainino- seamen. ("Fhis section sliall not apply to fish- 
 iny- or whaling;- vessels or yachts — Dec. 21, 1898, Sec. 20.] 
 
 If. after iudii-ment that such vessel is tit to proceed on her n- •''•. isss. 
 
 • .It L'4. • 1 ' • • Dec. 21, 1898. 
 
 intended voyage, or atter i)rocurnig sucli men, provisions, (sostai., 757.) 
 stores, repairs, or alterations as may he directed, the sea- **^-^- 
 men, or either of them, shall refuse to proceed on the vo}'- 
 Age, he shall forfeit an^'^ wages that may bo due him. [This 
 section shall not applv to fishing or whaling vessels or 
 yachts— Dec. 21, 1898,^ Sec. 20.] 
 
 r])on a complaint in writing, sigfned bv the first or sec- in^'pection of 
 ond officer and a majority of the crew of any vessel while foreign pons. 
 in a foreign port, that such vessel is in an unsuitable condi- n'cc.'kif'ms. 
 tion to go to sea because she is leaky or insufticienth" sup- '>^c''^if''^^^'^ 
 plied with sails, rig-ging, anchors, or any other equipment, 
 or that the crew is insufficient to man her, or that her 
 provisions, stores, and supplies are not, or have not been 
 during the voyage, sufficient and wholesome; thereupon, 
 in any of these or like cases, the consul, or a commercial 
 agent who may discharge any duties of a consul, shall cause 
 to be appointed three persons, of like qualifications with 
 those described in section forty-five hundred and fifty-seven, 
 who shall proceed to examine into the causes of complaint, 
 and they shall be governed in all their proceedings and 
 proceed as provided in section forty-five hundred and fifty - 
 seven. [This section shall not apply to fishing or whaling 
 vesselsor yachts— Dec. 21, 1898, Sec. 20.] 
 
 The inspectors appointed liy any consul or commercial -R. "?., ineo. 
 agent, in pursuance of the preceding" section, shall have 
 full power to examine the vessel and whatever is aboard of 
 her, so far as is pertinent to their inquiry, and also to hear 
 and receive any other proofs which the ends of justice may 
 require; and if, upon a view of the whole proceedings, the 
 consul or other commercial agent is satisfied therewith, he 
 may approve the whole or an}' part of the report, and shall 
 certify such approval; or if he dissents, he shall certif}^ his 
 reasons for dissenting. 
 
 The inspectors in their report shall also state whether in j,i,fg'4'''%s4 
 their opinion the vessel was sent to sea unsuitably provided hs stai., si.) 
 in any important or essential particular, by neglect or de- nei^'h. ms. 
 sign, or through mistake or accident; and in case it was by i^o-'^tai., 75s.) 
 
 I 1. 1 • 1 J I 1 /n /■ 1 '''^C. 11. 
 
 neglect.or a(^sign, antl the consular otficer approves of such 
 tiiiding, lie shall discharge such of the crew as request it, 
 and shall re((uire the payment by the master of one month's 
 wages for each seaman over and above the wages then due, 
 or sufficient moncv for the return of such of the crew as 
 
224 BUREAU OF NAVIGATION 
 
 desire to be discharged to the nearest and most convenient 
 port of the United States, or by furnishing the seamen who 
 so desire to be discharged with emploj-ment on a ship agreed 
 to by them. But if in the opinion of the inspectors the 
 defects or deficiencies found to exist have been the result 
 of mistake or accident, and could not, in the exercise of 
 ordinary care, have been known and provided against be- 
 fore the sailing of the vessel, and the master shall in a 
 reasonable time remove or remedy the causes of complaint, 
 then the crew shall remain and discharge their duty. 
 [This section shall not apply to fishing or whaling vessels 
 or yachts— Dec. 21, 1898, Sec. 26.] 
 R.s.,i562. The master shall pay all such reasonable charges for 
 
 inspection under such complaint as shall be oflicially certi- 
 fied to him under the hand of the consul or commercial 
 agent; but in case the inspectors report that the complaint 
 is without any good and sufiicient cause, the master may 
 retain from the wages of the complainants, in proportion 
 to the pay of each, the amount of such charges, with such 
 reasonable damages for detention on that account as the 
 consul or commercial agent directing the inquiry may offi- 
 cially certify. 
 £. s., 1,563. Every master who refuses to pay such wages and charges 
 
 shall be liable to each person injured thereb}', in damages, 
 to be recovered in any court of the United States in the 
 district where such delinquent may reside or be found, and 
 in addition thereto be punishable by a fine of one hundred 
 dollars for each offense. 
 Provisions and Should any uiastcr or owner of any merchant vessel of 
 R. s., u^eu. the United States neglect to provide a sufficient quantity 
 fso'siatfns.) ^^ stores to last for a voyage of ordinary duration to the 
 Sec. 12. ' port of destination, and in consequence of such neglect the 
 crew are compelled to accept a reduced scale, such master 
 or owner shall be liable to a penalty as provided in section 
 forty-five hundred and sixt3"-eight of the Revised Statutes. 
 R. s., 1,565. Any three or more of the crew of any merchant- vessel of 
 
 the United States bound from a port in the United States 
 to any foreign port, or being of the burden of sevent3^-tive 
 tons or upward, and bound from a port on the Atlantic to 
 a port on the Pacific, or vice versa, may complain to any 
 officer in command of an}^ of the vessels of the United States 
 Navy, or consular officer of the United States, or shipping- 
 commissioner or chief officer of the customs, that the pro- 
 visions or water for the use of the crew are, at any time, 
 of bad quality, unfit for use, or deficient in quantity. Such 
 officer shall thereupon examine the provisions or water, or 
 cause them to be examined; and if, on examination, such 
 provisions or water are found to be of bad quality and 
 unfit for use, or to })e deficient in quantity, the person 
 making such examination shall certify the same in writing 
 to the master of the ship. If such master does not there- 
 upon provide other proper provisions or water, where the 
 same can he had, in lieu of any so certified to be of a bad 
 quality and unfit for use, or does not procure the requisite 
 
BUREAU OF NAVIGATION 225 
 
 (|ii:iiitity of tiiiy so cortitiod to l)o insufficient in quantity, 
 or uses any provisions or water Avhich liave ])ecn so eertilied 
 as afonvsaid to he of ))ad quality and unfit for use, ho shall, 
 in every such case. ))(> liable to a penalty of not more than 
 one hundivd dollars; and upon every such examination 
 the officers making' or directin*;- the same shall enter a state- 
 ment of the result of the examination in the lotr-book, and 
 shall send a report thereof to the district judge for the 
 judicial district emhracino- the port to which such vessel 
 is hound; and such I'eport shall he received in evidence in 
 any le.iial proceedino"s. 
 
 if tlie othcer to whom any such complaint in regard to f/ec.'kfms. 
 the provisions or the water is made certifies in such state- (postal., 758.) 
 ment that there was no reasonable ground for such com- 
 plaint, each of the parties so complaining shall forfeit to 
 the master or owner his share of the expense, if any, of 
 the survey. [This section shall not apply to fishing or 
 whaling vessels or yachts — Dec. 21, 1898, Sec. 2fi.] 
 
 If any seamen, while on board any vessel, shall state to ^'- •'>'•. ^567. 
 the master that they desire to make complaint, in accord- 
 ance with the two preceding sections, in regard to the pro- 
 visions or the water, to a competent officer, against the 
 master, the master shall, if the vessel is then at a place 
 where there is an}" such officer, so soon as the service of 
 the vessel will permit, and if the vessel is not then at such 
 a place, so soon after her first arrival at such place as the 
 service of the vessel will permit, allow such seamen, or 
 any of them, to go ashore, or shall send them ashore, in 
 proper custody, so that they may be enabled to make such 
 complaint; and shall, in default, be liable to a penalt}' of 
 not more than one hundred dollars. 
 
 If, during a voyage, the allowance of any of the provi- n'ec.'sfms. 
 sions which any seaman is entitled to under section forty-six '^^o sini, 75s.) 
 hundred and twelve of the Revised Statutes is reduced 
 except for any time during Avhich such seaman willfully 
 and without sufficient cause refuses or neglects to perform 
 his duty, or is lawfully under confinement for misconduct 
 either on board or on shore; or if it shall be shown that 
 any of such provisions are, or have been during the voy- 
 age, bad in quality or unfit for use, the seamen shall 
 receive, by way of compensation for such reduction or Imd 
 (|uality, according to the time of its continuance, the fol- 
 lowing sums, to be paid to him in addition to and to be 
 recoverable as wages: 
 
 First. If his allowance is reduced by any quantity not 
 exceeding one-third of the quantity specified by law. a sum 
 not exceeding fifty cents a day. 
 
 Second. If his allowance is reduced by more than one- 
 third of such quantity, a sum not exceeding one dollar a 
 day. 
 
 Third. In respect to bad (piality, a sum not exceeding 
 one dollar a day. 
 
 But if it is shown to the satisfaction of the court before 
 which the case is tried that any provisions, the allowance 
 27628—04 15 
 
226 BUKEAU OF NAVIGATION 
 
 of which has been reduced, could not be procured or sup- 
 plied in sufficient quantities, or were unavoidabl}- injured 
 or lost, or if b}^ reason of its innate qualities an}^ article 
 becomes unlit for use and that proper and equivalent substi- 
 tutes were supplied in lieu thereof, the court shall take 
 such circumstances into consideration and shall modify or 
 refuse compensation, as the justice of the case ma}" require. 
 [This section shall not apply to fishing or whaling vessels 
 or yachts— Dec. 21, ISDS, Sec. 26.] 
 weigiits and Evcry master shall keep on board proper weights and 
 
 measures. " j? xi £ j .. • • /u i--i- j: 
 
 R. s., U571. measures tor the purpose of determinmg the quantities or 
 the several provisions and articles served out, and shall 
 allow the same to be used at the time of serving out such 
 provisions and articles, in the presence of a witness, when- 
 ever any dispute arises about such quantities, and in default 
 shall, for every offense, be liable to a ]3enalt3' of not more 
 than tifty dollars. 
 Medicines and Evcry vcsscl belonging to a citizen of the United States, 
 R. 's., 1,569. ))Ound from a port in the United States to an}" foreign port, 
 or being of the burden of seventy-five tons or upward, and 
 bound from a port on the Atlantic to a port on the Pacific, 
 or vice versa, shall be provided with a chest of medicines; 
 and every sailing-vessel bound on a voyage across the 
 Atlantic or Pacific Ocean, or around Cape Horn, or the 
 Cape of Good Hope, or engaged in the whale or other fish- 
 eries, or in sealing, shall also be provided with, and cause 
 to be kept, a sufficient quantity of lime or lemon juice, 
 and also sugar and vinegar, or other anti-scorbutics, to be 
 served out to every seaman as follows: The master of 
 every such vessel shall serve the lime or lemon juice, and 
 sugar and vinegar, to the crew, within ten days after salt 
 provisions mainly have been served out to the crew, and 
 so long afterward as such consumption of salt provisions 
 continues; the lime or lemon juice and sugar daily at the 
 . rate of half an ounce each per day; and the vinegar weekly, 
 at the rate of half a pint per week for each member of the 
 crew. 
 R°s'^iM9' Every such vessel except vessels engaged in the whaling 
 
 June 26, im. or fishing business shall also be provided with a slop-chest, 
 ^ec^if.''^^'^ which shall contain a complement of clothing for the in- 
 tended voyage for each seaman employed, including boots 
 isustai ^st^i ^^' shoes, hats or caps, under clothing and outer clothing, 
 Sec.is." oiled clothing, and everything necessary for the wear of a 
 
 seaman; also a full supply of tobacco and blankets. Any 
 of the contents of the slop chest shall l)e sold, from time to 
 time, to any or every seaman applying therefor, for his 
 <own use, at a profit not exceeding ten per centum of the 
 reasonable wholesale value of the same at the port at which 
 the voyage commenced. And if any such vessel is not pro- 
 vided, before sailing, as herein required, the owner shall 
 be liable to a penalty of not more than five hundred dollars. 
 The provisions of this section shall not apply to vessels 
 plying between the United States and the Dominion of 
 
BUKEAU OF NAVIGATION 227 
 
 Canada, Xowfouiulhind, the Bermuda Islands, the Bahama 
 Islands, tlio West Indies, Mexico and Central America. 
 
 If, on any such vessel, such inedicines, medictil stores, ii.s.,i,57o. 
 lime or lemon juice, or t)ther articles, sugar, and vinej^ar, 
 as arc rctiuircd l>y the preceding section, are not pro\ided 
 and kept on board, as retiuin^d, the master or owner shall 
 he liable to a penalty of not more than five hundred dol- 
 lars; and if the master of any such vessel neglects to servo 
 out the lime or lemon juice, and sugar and vinegar in the 
 case and manner directed, he shall for each such oti'ense be 
 liable to a Y)enalty of not more than one hundred dollars; 
 and if any master is convicted in either of the oti'enses men- 
 tioned in this st'ction, and it appeal's that the oti'ense is 
 owing to the ai-t or default of the owner, such master mav 
 recover the amount of such penalty, and the costs incurred 
 by him, from the owner. 
 
 Every vessel bound on anv foreign voyage exceeding in warmth in 
 length fourteen days shall also l)e provided with at least ^^J' i?::^S|'-- 
 one suit of woolen clothing for each seaman, and every /''J;;;'; ^fjy\ 
 vessel in the foreign or domestic trade shall provided a safe .^■ce.'js." ' 
 and warm room for the use of seamen in cold weather. 
 Failure to make such provision shall subject the owner or 
 master to a penalty of not less than one hundred dollars. 
 [This section shall not applv to fishing or whaling vessels or 
 yach.ts— Dec. 21, 1898, ISec. 20.] _ 
 
 Every vessel making voyages from a port in the United Log-book. 
 States to any foreign port, or being of the burden of sev- ^''' '^•' ''^^'^■ 
 enty-tive tons, or upward, from a port on the Atlantic to a 
 port on the Pacific, or vice versa, shall have an official log- 
 l)ook; and every master of such vessel shall make, or cause 
 to be made therein, enterics of the following matters, that 
 is to say: 
 
 Fi rst. E ver V legal conviction of any member of his crew, 
 and the punishment inflicted. 
 
 Second. Every offense connnitted b\' any member of his 
 crew for which it is intended to prosecute, or to enforce a 
 forfeiture, together with such statement concerning the 
 reading over such entr3% and concerning the reply, if any, 
 made to the charge, as if required hy the provisions of 
 section forty-tive hundred and ninety-seven. 
 
 Third. Every offense for which punishment is inflicted 
 on board, and the punishment inflicted. 
 
 Fourth. A statement of the conduct, character, and 
 (jnaliflcations of each of his crew; or a statement that he 
 cli'clines to give an opinion of such particulars. 
 
 Fifth. Every case of illness or injury happening to an}^ 
 niomber of the crew, with the nature thereof, and the med- 
 ical treatment. 
 
 Sixth. Every case of death happening on l)oard. with 
 the cause thereof. 
 
 Sev(Mith. Every birth happening on board, with the sex 
 of the infant, and the names of the parents. 
 
 Eighth. Every marriage taking place on board, with 
 the names and ages of the parties. 
 
228 BUKEAU OF NAVIGATION 
 
 Ninth. The name of every seaman or apprentice who 
 ceases to ))e a member of the crew otherwise than by death, 
 with the place, time, manner, and cause thereof. 
 
 Tenth. The wages due to any seaman or apprentice who 
 dies during the voyage, and the gross amount of all deduc- 
 tions to ])e made therefrom. 
 
 Eleventh. The sale of the effects of any seaman or ap- 
 prentice who dies during the voyage, including a statement 
 of each article sold, and the sum received for it. 
 
 fsi'slat^^'^f) Twelfth. In every case of collision in which it is prac- 
 ticable so to do, the master shall, immediately after the 
 occurrence, cause a statement thereof, and of the circum- 
 stances under which the same occurred, to be entered in 
 the official log ])ook. Such entry shall be made in the 
 manner prescribed in section forty-two hundred and 
 ninety -one, and failure to make such entry shall subject 
 the offender to the penalties prescribed by section forty- 
 two hundred and ninety-two. 
 
 R.S., 1,291. Every entry hereby required to be made in the official 
 
 log-book shall l)e signed by the master and])y the mate, or 
 some other one of the crew, and every entry in the official 
 log-book shall ))e made as soon as possible after the occur- 
 rence to which it relates, and, if not made on the same day 
 as the occuri"ence to which it relates, shall be made iind 
 dated so as to show the date of the occurrence, and of the 
 entry respecting it; and in no case shall any entry therein, 
 in respect of any occurrence happening previousl}^ to the 
 arrival of the vessel at her final port, be made more than 
 twenty-four hours after such ari'ival. 
 
 R. s., i292. 2f in any case the official log-book is not kept in the man- 
 
 ner herel)y required, or if any entry hereby directed to l)e 
 made in any such log-book is not made at the time and in 
 the manner hereb}^ directed, the master shall, for each such 
 offense, be liable to a penalty of not more than twent}- live 
 dollars; and every person who makes, or procures to be 
 made, or assists in making, any entry in any official log- 
 book in respect of any occurrence happening previously to 
 the arrival of the vessel at her tinal port of discharge, more 
 than twenty-four hours after such arrival, shall, for each 
 offense, be liable to a penalty of not more than one hundred 
 and fifty dollars. 
 
 LIABILITY OF OWNP^RS, MASTERS, AND SHIPPP^RS 
 
 If an}' shipper of platina, gold, gold dust, silver, bul- 
 owiiers,'ma*sLr''s^ lio"i or othcr prccious mctals, coins, jewelry, bills of any 
 and shippers, bank or pu})lic body, diamonds, or other precious stones, 
 " ■' ~ ■ or any gold or silver in a manufactured or unmanufac- 
 tured state, watches, clocks, or time pieces of any descrip- 
 tion, trinkets, orders, notes, or securities for payment of 
 money, stamps, maps, writings, title-deeds, printings, 
 engravings, pictures, gold or silver plate or plated articles, 
 glass, china, silks in a manufactured or unmanufactured 
 
BUREAU OF NAVIGATION 229 
 
 stiite, and whotlior wrought up or not wrouoht up Avith 
 any other material, furs, oi- hu-o, or any of them, contained 
 ill anv ])ar('el. or paeka«i(\ or truid-c, shall lade the same as 
 freiuht or haiiuaii'e, on any vessel, without at the time of 
 such ladin«>- »ii\inii- to the master, clerk, a»;ent, or owner 
 of such vessel receivino" the same a written notice of the 
 true character and value thereof, and having the saitie 
 entered on the bill of lading tlierefor, the master and 
 owner of such vessel shall not be liable as carriers thereof 
 in any form or manner; nor shall any such master or 
 owner be lia))le for any such goods l)eyond the value and 
 according to the character thereof so notified and entered. 
 
 No owner of any vessel shall ])e liable to answer for or Ji-^-''*^^^- 
 make good to any person any loss or damage which may 
 happen to any merchandise whatsoever, which shall be 
 shipped, taken in, or put on board any such vessel, by 
 reason or by means of an}- tire happening to or on board 
 the vessel, unless such lire is caused by the design or 
 neglect of such owner. 
 
 The liability of the owner of any vessel, for any embez- R.^.,i.zss. 
 zlement, loss, or destruction, l)y any person, of any prop- 
 erty, goods, or merchandise, shipped or put on board of 
 such vessel, or for any loss, damage, or injury by collision, 
 or for any act, matter, or thing, lost, damage, or forfeiture, 
 done, occasioned, or incurred, without the privity or knowl- 
 edge of such owner or owners, shall in no case exceed the 
 amount or value of the interest of such owner in such 
 vessel, and her freight then pending. 
 
 Whenever any such embezzlement, loss, or destruction R.s.,i,&%. 
 issuH'ered by several freighters or owners of goods, wares, 
 merchandise, or any property whatever, on the same voy- 
 age, and the whole value of the vessel, and her freight for 
 the voyage, is not sufficient to make compensation to each 
 of them, they shall receive compensation from the owner 
 of the vessel, in proportion to their respective losses; and 
 for that purpose the freighters and owners of the prop- 
 erty, and the owner of the vessel, or an}" of them, may 
 take the appropriate proceedings in any court, for the 
 purpose of apportioning the sum for which the owner of 
 the vessel may be liable among the parties entitled thereto. 
 
 It shall be deemed a sufficient compliance on the part of R- '*<■. -s^ss. 
 such owner with the requirements of this Title [R. S., 
 4131-430.')] i-elating to his liability for any embezzlement, 
 loss, or destruction of any property, goods, or merchan- 
 dise, if he shall transfer his interest in such vessel and 
 freight, for the benefit of such claimants, to a trustee, to 
 be appointed by any court of competent jurisdiction, to 
 act as such trustee for the person who may prove to be 
 legally entitled thereto; from and after which transfer all 
 claims and proceedings against the owner shall cease. 
 
 The charterer of any vessel, in case he shall man, vict- n.^-^um. 
 ual, and navigate such vessel at his own expense, or by 
 his own procurement, shall be deemed the owner of such 
 vessel within the meaning of the provisions of this Title 
 
23U BUREAU OF NAVIGATION 
 
 [R. S., 4131-43(»ri] relating- to the limitation of the liability 
 of the owners of vessels; and such vessel, when so char- 
 tered, shall be liable in the same manner as if navigated 
 by the owner thereof. 
 
 R.s.,h28i. Nothing- in the five preceding sections shall be con- 
 
 strued to take away or aifect the remedy to which any 
 party ma}' be entitled, against the master, officers, or sea- 
 men, for or on account of any embezzlement, injury, loss, 
 or destruction of merchandise, or propertv, pnt on board 
 any vessel, or on account of any neglig'ence, fraud, or other 
 malversation of such master, officers, or seamen, respec- 
 tively, nor to lessen or take away any responsibility to 
 which any master or seaman of any vessel ma}^ b}' law be 
 liable, notwithstanding- such master or seaman may be an 
 owner or part owner of the vessel. 
 
 R. s., U2SS. ^,^y person shipping oil of vitriol, unslacked lime, inflam- 
 
 mable matches, or gunpowder, in a vessel taking cargo 
 for divers persons on freight, without delivering, at the 
 time of shipment, a note in writing, expressing- the nature 
 and character of such merchandise, to the master, mate, 
 
 Junei9,iss6. officcr, or persou in charge of the lading of the vessel, 
 
 sec.^l"''" ^^i. shall be liable to the United States in a penalt}- of one 
 thousand dollars. 
 
 fss^at.lsi^) ^^^^^ individual liability of a ship-owner, shall be limited 
 
 Bee. IS. ' to the proportion of any or all debts and liabilities that 
 his individual share of the vessel l)ears to the whole; and 
 the aggregate liabilities of all the owners of a vessel on 
 account of the same shall not exceed the value of such ves- 
 sel and freight pending: Provided^ That this provision 
 shall not affect the liability of any owner incurred previous 
 to the passage of this act, nor prevent any claimant from 
 joining all the owners in one action; nor shall the same 
 apply to wages due to persons emplo3^ed by said ship- 
 owners. 
 
 R.s.i289. The provisions of the seven precedinsr sections, and of 
 
 Junel9,lSS6. i • ^ • 1 . J- J. j.-i.i 1 LL a j. j. 
 
 (u Stat., SO.) section eighteen of an act entitled An act to remove cer- 
 *'^'^' '''■ tain burdens on the American merchant marine and en- 
 
 courage the American foreign carrying-trade, and for 
 other purposes," approved June twenty-sixth, eighteen 
 hundred and eightv-four, relating to the limitations of the 
 liability of the owners of vessels, shall apply to all sea- 
 going vessels, and also to all vessels used on lakes or rivers 
 or in inland navigation, including canal-boats, barges, and 
 lighters. 
 Liability of It shall not be lawful for the manager, agent, master or 
 
 masters, etc. j^ i , , • i i- i 
 
 (HarterAct.) owucr ot any vessel transporting merchandise or proj^erty 
 fsi'stai^fhs) fi'om or between ports of the United States and foreign 
 -Sec. i. ' ports to insert in any bill of lading or shipping document 
 
 any clause, covenant, or agreement whereby it, he, or they 
 shall ])e relieved from liability for loss or damage arising 
 from negligence, fault, or failure in proper loading, 
 stowage, custody, care, or proper dcliveiy of any and all 
 lawful merchandise or property committed to its or their 
 
Sec. S. 
 
 BTTREAU OF NAVIGATION 231 
 
 charo'e. An}" and all words or clauses of such import 
 inserted in l)ills of ladino- or shipping- receipts shall be nvdl 
 and void and of no eti'ect. 
 
 It shall not be lawful for any vessel transporting mer- '"''"''• -• 
 chandise or property from or between ports of the United 
 States of America and foreign ports, her owner, master, 
 agent or manager to insert in an}' bill of lading or ship- 
 ping document any covenant or agreement whereby the 
 obligations of the owner or owners of said vessel to exer- 
 cise due diligence, properly equip, man, provision, and 
 outfit said vessel, and to make said vessel seaworthy and 
 capable of performing her intended voyage, or whereby 
 the obligations of the master, officers, agents, or servants 
 to carefully handle and stow her cargo and to care for and 
 properly deliver same, shall in any wise be lessened, weak- 
 ened, or avoided. 
 
 If the owner of any vessel transporting merchandise or 
 property to or from any port in the United States of 
 America shall exercise due diligence to make the said 
 vessel in all respects seaworthy and properl}" manned, 
 equipped, and supplied, neither the vessel, or owners, 
 agent, or charterers shall become or be held responsible 
 for damage or loss resulting from faults or errors in nav- 
 igation or in the management of said vessel, nor shall the 
 vessel, her owner or owners, charterers, agent, or master, 
 be held liable for losses arising from dangers of the sea or 
 other navigable waters, acts of God, or public enemies, or 
 the inherent defect, quality, or vice of the thing carried, 
 or from insufficiency of package, or seizure under^ legal 
 process, or for loss resulting from any act or omission of 
 the shipper or owner of the goods, his agent or representa- 
 tive, or from saving or attempting to save life or property 
 at sea, or from any deviation in rendering such service. 
 
 It shall be the duty of the owner or owners, masters, or 
 agent of any vessel transporting merchandise or property 
 from or between ports of the United States and foreign 
 ports to issue to shippers of any lawful merchandise a bill 
 of lading, or shipping document, stating, among other 
 things, the marks necessary for identification, number of 
 packages, or quantit}^ stating whether it be carrier's or 
 shipper's weight, and apparent order or condition of such 
 merchandise or property delivered to and received by the 
 owner, master, or agent of the vessel for transportation, 
 and such document shall be prima facie evidence of the 
 receipt of the merchandise therein described. 
 
 For a violation of any of the provisions of this act the 
 agent, owner, or master of the vessel guilty of such viola- 
 tion, and who refuses to issue on demand the bill of lading 
 herein provided for, shall be liable to a fine not exceeding 
 two thousand dollars. The amount of the fine and costs 
 for such violation shall be a lien upon the vessel, whose 
 agent, owner, or master is guilty of such violation, and 
 such vessel may be libeled therefor in any district court of 
 the United States, within whose jurisdiction the vessel may 
 be found. One-half of such penalty shall go to the party 
 
 Sec. U. 
 
 Sec. 5. 
 
232 BUEEAU OF NAVIGATIOlsr 
 
 injured by such violation and the remainder to the Govern- 
 ment of the United States. 
 
 Sec. 6. This act shall not be held to modify or repeal sections 
 
 forty-two hundred and eio'hty-one, forty-two hundred and 
 eig-hty-two, and forty-two hundred and eighty-three of the 
 Revised Statutes of the United States, or any other statute 
 defining- the liability of vessels, their owners, or represent- 
 atives. 
 
 Sec. 7. Sections one and four of this act shall not apply to the 
 
 transportation of live animals. 
 
 General libel When a Warrant of arrest or other process in rem is 
 ^'jR.'s., Mi. issued in any cause of admiralty jurisdiction, except in 
 
 fsT'sta/^fsh ) ^^'^^^ of seizures for forfeiture under any law of the United 
 States, the marshal shall stay the execution of such proc- 
 ess, or discharge the property arrested if the process has 
 been levied, on receiving from the claimant of the prop- 
 erty a bond or stipulation in double the amount claimed 
 by the libelant, with sufhcient surety, to be approved by 
 the judge of the court where the cause is pending, or, in 
 his absence, by the collector of the port, conditioned to 
 answ^er the decree of the court in such cause. Such bond 
 or stipulation shall be returned to the court, and judge- 
 ment thereon, against both the principal and sureties, may 
 be recovered at the time of rendering- the decree in the 
 original cause. And the owner of any vessel ma}" cause 
 to be executed and delivered to the marshal a bond or 
 stipulation, with sufficient surety, to be approved by the 
 judge of the court in which he is marshal, conditioned to 
 answer the decree of said court in all or any cases that 
 shall thereafter be brought in said court against the said 
 vessel, and thereupon the execution of all such process 
 against said vessel shall be stayed so long as the amount 
 secured by such bond or stipulation shall be at least double 
 the aggregate amount claimed by the libelants in such 
 suits which shall be begun and pending against said vessel; 
 and like judgments and remedies may be had on said bond 
 or stipulation as if a special bond or stipulation had been 
 filed in each of said suits. The court may make such 
 orders as may be necessary to carry this section into effect, 
 and especially for the giving- of proper notice of any such 
 suit. Such bond or stipulation shall be indorsed by the 
 clerk with a minute of the suits wherein process is so 
 stayed, and further securit}^ ma}" at any time be required 
 by the court. If a special bond or stipulation in the par- 
 ticular cause shall be given under this section, the liability 
 as to said cause on the general bond or stipulation shall 
 cease. 
 
 TONNAGE TAX 
 
 Rat|sof^tax. Nothing contained in this Title [R. S. , 4131-4305] shall 
 be deemed in anywise to impair any rights and privileges 
 which have been or may be acquired by any foreign nation 
 under the laws and treaties of the United States relative 
 
BUREAU OF NAVIGATION 233 
 
 to the duty on toimaiLi'i' <>t vessels, or any other diit^' on 
 vessels. 
 
 In lieu of thv tax on tonnaj^e of thirty eents per ton per ii.s.,.',^'i'j. 
 atuuini inipost'd prioi- to fluly lirst, ei«;hteen hundred and '''!',"su/,' ''^'^\' 
 (Mii'hty-four.ti dnty of lhi-*'e t'ciits ])er ton, not to exceed in >'<■• ''<• ' 
 the a*i',L;n\u:ite litteen eents per ton in any one 3'ear, is \['l"sint'..'si.') 
 herel)y imposed at eaeh entr^^ on all vessels which shall be •^"- '■ 
 entered in any port of the United States from any foreign 
 ]H)rt or ])lace in North America, Central America, the West 
 India Islands, the Bahama Islands, the Bernuida Islands, 
 or the coast of South America borderino- on the Carib])ean Apr. so, moo. 
 Sea, or Newfoundland; and a duty of six cents per ton, (•'^i^t<^t.,ir,i.) 
 not to exceed thirty cents per ton per annum, is hereb}' 
 imposed at each entry upon all vessels which shall be en- 
 tered in the United States from any other foreign ports, 
 not, however, to include vessels in distress or not engaged Feh. 6, is97. 
 
 . / 1 ■ '^ '^ (29 Slat., 511.) 
 
 m trade. 
 
 The expense of maintaininp- the Public Health and Junc26,i><si,. 
 Marine Hospital Service shall hereafter be borne b}^ the liedis." 
 United States out of receipts for duties on tonnage pro- 
 vided for by this Act; and so much thereof as may be 
 necessarv is herebv appropriated for that purpose. 
 
 The President of the United States shall suspend the, ^-^^'»pt'onfi 
 
 . , I'll 1 • • r from t o ii n a g e 
 
 collection ot so much of the duty herein imposed, on ves-tax. 
 sels entered from any foreign port, as may be in excess of junei9~,^im. 
 the tonnage and light-house dues, or other equivalent tax ^^g'^jf'*^"^ 
 or taxes, imposed in said port on American vessels b}" the 
 government of the foreign country in which such port is 
 situated, and shall, upon the passage of this act, and from 
 time to time thereafter as often as it may become necessary 
 by reason of changes in the laws of the foreign countries 
 above mentioned, indicate by proclamation the ports to 
 which such suspension shall apph^ and the rate or rates 
 of tonnage-duty, if any, to ])Q collected under such suspen- 
 sion: Prortdt'd^ further. That such proclamation shall 
 exclude from the benefits of the suspension herein author- 
 ized the vessels of any foreign country in whose ports the 
 fees or dues of any kind or nature imposed on vessels of 
 the United States, or the import or export duties on their 
 cargoes, are in excess of the fees, dues, or duties imposed Apr. u, isss. 
 on the vessels of such country, or on the cargoes of such (-•' ''''^"'- *"•) 
 vessels. 
 
 But this proviso shall not be held to be inconsistent with 
 the special regulation by foreign countries of duties and 
 other charges on their own vessels, and the cargoes thereof, 
 engaged in their coasting trade, or with the existence 
 between such countries and other states of reciprocal stipu- 
 lations founded on special conditions and equivalents, and 
 thus iKjt within the treatment of American vessels under 
 the most- favored nation clause in treaties between the 
 United States and such countries. 
 
 That the President be. and herebv is, directed to cause the {}fri3 ■'ff^- 
 ijroveriunents of foreign countries which, at any ot their see. 12. 
 ports, impose on American vessels a tonnage-tax or light- 
 
234 BUREAU OF NAVIGATIOJSr 
 
 house dues, or other equivalent tax or taxes, or any other 
 fees, charges, or dues, to ])e informed of the provisions of 
 the preceding- section, and invited to co-operate with the 
 Government of the ITnited States in al)olishino- all light- 
 house dues, tonnage-taxes, or other equivalent tax or taxes 
 on, and also all other fees for official services to, the ves- 
 sels of the respective nations emploj^edin the trade between 
 the ports of such foreign country and the ports of the 
 United States. 
 
 B. .s., ^220. No vessel belonging to any citizen of the United States, 
 
 trading from one port within the United States to another 
 port within the United States, or employed in the bank, 
 whale, or other fisheries, shall be subject to tonnage tax 
 or duty, if such vessel be licensed, registered or enrolled. 
 
 R. s., /,22i. In cases of vessels making regular daily trips between 
 
 any port of the United States and any port in the Domin- 
 ion of Canada, wholly upon interior waters not navigable 
 to the ocean, no tonnage or clearance fees shall be charged 
 against such vessel by the officers of the United States, 
 except upon the tirst clearing of such vessel in each year. 
 
 i?. 5., i2.?f. The mail steamships emplo^^ed in the mail service be- 
 
 tween the United States and Brazil shall be exempt from 
 all port-charges and custom-house dues at the port of de- 
 parture and arrival in the United States if, and so long 
 as, a similar immunity from port-charges and custom-house 
 dues is granted by the government of Brazil. 
 
 Discriminating Upou Satisfactory proof being given to the President, 
 
 a. s., 422S. ' by the government of any foreign nation, that no discrimi- 
 nating duties of tonnage or imposts are imposed or levied 
 in the ports of such nation upon vessels wholly belonging 
 to citizens of the United States, or upon the produce, manu- 
 factures, or merchandise imported in the same from the 
 United States or from any foreign country, the President 
 may issue his proclamation, declaring that the foreign dis- 
 criminating duties of tonnage and impost w^ithin the United 
 States are suspended and discontinued, so far as respects the 
 vessels of such foreign nation, and the produce, manufac- 
 tures, or merchandise imported into the United States from 
 such foreign nation, or from an}^ other foreign country; 
 the suspension to take efl'ect from the time of such notiti- 
 cation being given to the President, and to continue so long 
 as the reciprocal exemption of vessels, belonging to citizens 
 of the United States, and their cargoes, shall be continued, 
 and no longer. 
 
 Julys/,, 1S97 Provided, That the President is authorized to suspend in 
 part the operation of sections forty -two hundred and nine- 
 teen and twenty-five hundred and two so that foreign ves- 
 sels froma country imposing-partial discriminating tonnage 
 duties upon American vessels, or partial discrimintiting 
 import duties upon American merchandise, may enjoy in 
 our ports the identical privileges which the same class of 
 American vessels and merchandise may enjoy in said for- 
 eign country. 
 
 (SO'Stat., 2U.) 
 
BUREAU OF NAVIGATION 235 
 
 No other or higher i-ato of duties shall be imposed or eol ^- ^- ■'^^^• 
 KM'ted on vessels of Prussia, or of h(>r dominions, from 
 \vliencesoev(M-('omiiio-. nor on their cargoes, howsoevereom- 
 posed, than are or may l)e payable on vessels of the United 
 States, and their cargoes. 
 
 The preceding sc^ction shall continue and be in force dur- ^- •''•. «*>• 
 iiig the time that the eciuality for which it provides shall, 
 in all respects, be reciprocated in the ports of Prussia and 
 her doniinions; and if at any time hereafter the ecpiality 
 shall not be rei'ii)rocated in the ports of l*russia and her 
 dominions, the President may issue his proclamation, 
 dinlaring that fact, and thereupon the section preceding 
 shall cease to be in force. 
 
 From Spanish vessels coming from an}' port or place in ''■ •'^' • -^-^i. 
 Spain or her colonies, where no discriminating or counter- 
 vailing duties on tonnage arc levied upon vessels of the 
 United States, or from any other port or place to and with 
 which vessels of the United States are ordinarily permitted 
 to go and trade, there shall be exacted in the ports of the 
 United States no other or greater duty on tonnage than at 
 the time may be exacted of vessels of the United States. 
 
 Upon vessels which shall be entered in the United States , -^'ien tonnage 
 
 I „. , , 1111 'iii- taxes (in excep- 
 
 trom any loreign port or place there shall be paid duties tiomii cases). 
 
 as follows: On vessels built within the United States but juiy'ot^l'm. 
 
 l)elonging wholly or in part to subjects of foreign powers, ^^'^ •'"'''''•' ~^'^-) 
 
 at the rate of 30 cents per ton; on other vessels not of the 
 
 United States, at the rate of 50 cents per ton. Upon every 
 
 vessel not of the United States, which shall be entered in 
 
 one district from another district. ha\ ing on board goods, 
 
 wares, or merchandise taken in one district to be delivered 
 
 in another district, duties shall be paid at the rate of 50 
 
 cents per ton. Nothing in this section shall be deemed in . 
 
 any wise to impair any rights or privileges which have 
 
 been or may l)e acquired by any foreign nation under the 
 
 laws and treaties of the Ignited States relative to the duty 
 
 of tonnage on vessels. On all foreign vessels which shall 
 
 be entered in the United States from any foreign port or 
 
 l)lace, to and with which vessels of the United States are 
 
 not ordinarily permitted to enter and trade, there shall be 
 
 paid a duty at the rate of two dollars per ton; and none of 
 
 the duties on tonnage above mentioned shall be levied on 
 
 the vessels of any foreign nation if the President of the 
 
 United States shall be satisfied that the discriminating or 
 
 countervailing duties of such foreign nations, so far as they 
 
 operate to the disadvantage of the Ignited States, have been "(if^f^if^^^' 
 
 abolished; * * * and any rights or privileges acquired scc.i/,.' 
 
 by any foreign nation under the laws and treaties of the 
 
 United States relative to the duty of tonnage on vessels 
 
 shall not be impaired; and any vessel any officer of which 
 
 shall not l)e a citizen of the United States, shall pay a tax 
 
 of tifty cents per ton. 
 
 A duty of fifty cents per ton, to be denominated ''light (i,^^'&^.;|^^^^j3 
 money," shall be levied and collected on all vessels not of cases). 
 the United States, W'hieh ma}' enter the ports of the United '' ' ' 
 
236 
 
 BUREAU OF KAVIGATION 
 
 a. S., i226. 
 
 Consular to 
 nage charges. 
 
 R. S., /,222. 
 
 July 5, ISSA. 
 {'2S Stat, mi.) 
 Sec. S. 
 
 States. Such light-money shall be levied and collected in 
 the same manner and under the same regulations as the 
 tonnage duties. 
 
 The preceding section shall not l)e deemed to o]K>rate 
 upon unregistered vessels, owned b}" citizens of the United 
 States, and carrying a sea-letter, or other regular docu- 
 ment, issued from a custom-house of the United States, 
 proving the vessel to be American property. Upon the 
 entry of every such vessel from any foreign port, if the 
 same shall be at the port at which the owner or any of the 
 part owners reside, such owner or part owners shall make 
 oath that the sea-letter or other regular document pos- 
 sessed by such vessel contains the name or names of all 
 the persons who are then the owners of the vessel; or if 
 any part of such vessel has been sold or transferred since 
 the date of such sea-letter or document, that such is the 
 case, and that no foreign subject or citizen has, to the best 
 of his knowledge and belief, any share, by way of trust, 
 conhdence or otherwise, in such vessel. If the owner or 
 any part owner does not reside at the port or place at 
 which such vessel shall enter, then the master shall make 
 oath to the like effect. If the owner or part owner, 
 where there is one, or the master, where there is no 
 owner, shall refuse to so swear, such vessel shall not be 
 entitled to the privileges granted by this section. 
 
 No consul or consular agent of the United States shall 
 exact tonnage fees from any vessel of the United States, 
 touching at or near ports in Canada, on her regular voyage 
 from one port to another within the United States, unless 
 such consul or consular agent shall perform some official 
 services, required by law for such vessel, when she shall 
 thus touch at a Canadian port. 
 
 On all questions of interpretation * * * relating to 
 the collection of tonnage tax, and to the refund of such tax 
 when collected erroneously or illegally, his [Commissioner 
 of Navigation] decision shall be ffnal. 
 
 TKADE WITH ACQUISITIONS 
 
 Alaska. 
 £. S., 195!,. 
 
 Ji. S., 1,358. 
 
 The laws of the United States relating to customs, com- 
 merce and navigation are extended to and over all the 
 mainland, islands, and watei-s of the territoiy ceded to the 
 United States by the Emperor of Russia by treaty con- 
 cluded at AVashington on the thirtieth day of March, anno 
 Domini eighteen hundred and sixtj^-seven, so far as the 
 same may be applicable thereto. 
 
 The coasting-trade between the territoiy ceded to the 
 United States by the Emperor of Russia and any other 
 portion of the United States shall ]>e regulated in accord- 
 ance with the provisions of law applicable to such trade 
 between any two great districts. [See page 255.] 
 
BUREAU OF NAVIGATION 237 
 
 The Coiniii issionor of Navigation shall make such regula- ^^"^.'" ^'jl/oo 
 tioiis, sul»j('('t to tilt' approN'al of the Socrctary of Conimeroo Ui sm., vj.) 
 and L;il)()r, as ho nuiv cUhmu oxpcdiciit for the nationaliza- 'I'yu'v, mos 
 tioii of all vessels owned by the iidiahitants of Torto Kieo on ^^^^[f- ^^^ 
 the eleventh day of Ai)ril, (MghtiM'u hundred and ninety- 
 nine, and whieh continued to ho so owned up to the date 
 of such nationalization, and for the admission of the sanle 
 to all the benchts of the coasting trade of the United 
 States; and the coasting trade between Porto Kico and the 
 I'liited States shall be regulated in accordance with the 
 provisions of law applicable to such trade between any 
 two great coasting districts of the United States. [See 
 page 250. j 
 
 All vessels carrying Hawaiian registers on the twelfth "^.Vy'^lj; ;,„,,; 
 day of August, eighteen hundred and ninety-eight, and (siktai.,mi.) 
 which were owned bona tide by the citizens of the United '"^'^ " 
 States, or the citizens of Hawaii, together with the follow- 
 ing-named vessels claiming Hawaiian register, Star of 
 France^ jLuterj>e^ Star of Eussia, Fall-^ of Clyde, and Wil- 
 scott, shall be entitled to he registered as American vessels, 
 with the benetits and privileges appertaining thereto, and 
 the coasting trade between the islands aforesaid and an}' 
 other portion of the United States, shall be regulated in 
 accordance with the provisions of law applicable to such 
 trade between an}' two great coasting districts, [See page 
 2.52.] 
 
 The United States will, for the term of ten j-ears from 
 tlie date of the exchange of the ratitications of the present 
 treaty, admit Spanish ships and merchandise to the ports 
 of the Philippine Islands on the same terms as ships and 
 merchandise of the United States. [Article IV, Treaty of 
 Paris, I)eceml)er 10, 1898, proclaimed, April 11, 18991] 
 
 On and after the passage of this Act the same tonnage ^^Jj^j-l'^J^'^slw. 
 taxes shall ])e levied, collected, and paid upon all foreign ho stai./iTsb.) 
 vessels coming into the United States from the Philippine (sTsiat., sH) 
 Archipelago which are required by law to be levied, col- ^'^'^■^^ 
 lected, and paid upon vessels coming into the United 
 States from foreign countries: Provided, hoicever. That 
 until July tirst, nineteen hundred and four, the provisions 
 of law restricting to vessels of the United States the 
 transportation of passengers and merchandise directly or 
 indirectly from one port of the United States to another 
 port of the United States shall not be applicable to foreign 
 vessels engaging in trade between the Philippine Archi- 
 pelago and the United States, or between ports in the 
 Philippine .Vrchipelago: A)id provided further, That the 
 Phili[)piiu', C'onunission shall be authorized and empowered 
 to issue; licenses to eno'aoe in lighterage or other exclu- 
 sively 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 Stat(>s and owned l)v citizens of 
 the United States or by inhabitants of the Philippine 
 Islands. 
 
238 BUREAU OF NAVIGATION 
 
 m^M^ni ) "^^^^ ^'^^'"^ relating- to entry, clearance, and manifests of 
 sec'^sA.' steamships and other vessels arriving from or going to 
 
 foreign ports shall apply to vo^^ages each way between 
 the Philippine Islands and the United States and the pos- 
 sessions thereof, and all laws relating to the collection 
 and protection of customs duties not inconsistent with the 
 Act of Congress of March eighth, nineteen hundred and 
 two, "temporarily to provide revenue for the Philippine 
 Islands," shall apply in the case of vessels and goods arriv- 
 ing from said Islands in the United States and its aforesaid 
 possessions. 
 
 The laws relating to seamen on foreign voyages shall 
 apply to seamen on vessels going from the United States 
 and its possessions aforesaid to said Islands, the customs 
 officers there being for this purpose substituted for con- 
 sular officers in foreign ports. 
 
 The provisions of chapters six and seven, [R. S. ■iii52- 
 4292] title fortj-eight, Revised Statutes, so far as now in 
 force, and any amendments thereof, shall apply to vessels 
 making voyages either way between poi-ts of the United 
 States or its aforesaid possessions and ports in said Islands; 
 and the provisions of law relating to the public health and 
 quarantine shall appl}^ in the case of all vessels entering a 
 port of the United States or its aforesaid possessions from 
 said Islands, where the customs officers at the port of de- 
 parture shall perform the duties required b}^ such law of 
 consular officers in foreign ports. 
 
 Section three thousand and live, Revised Statutes, as 
 amended, and other existing laws concerning the transit 
 of merchandise through the United States, shall apply to 
 merchandise arriving at any port of the United States 
 destined for an}^ of its insular and continental possessions, 
 or destined from any of them to foreign countries. 
 (inam.Tutiiiia, Nothing in this Act shall be held to repeal or alter any 
 part of the Act of March eighth, nineteen hundred and 
 two, aforesaid, or to apply to Guam, Tutuila, or Manua, 
 except that section eight of an Act entitled "An Act to 
 revise and amend the tariff laws of the Philippine Archi- 
 pelago," enacted by the Philippine Connnission on the 
 seventeenth of September, nineteen hundred and one, and 
 approved by an Act entitled " An Act temporarily to pro- 
 vide revenues for the Philippine Islands, and for other 
 purposes," approved March eighth, nineteen hundred and 
 two, is hereby amended so as to authorize the Civil Gov- 
 ernor thereof in his discretion to establish the equivalent 
 rates of the money in circulation in said Islands with the 
 money of the United States as often as once in ten days. 
 
BUREAU OF NAVIGATION 239 
 
 FI:KS I'AVAHLK 
 
 [List of feus on page '2V1.] 
 
 [XoTK.— Bv soctioii 1 of tho act of June 19, 1886, ami section '22 of the act of June 
 10, 1890, tlie system of eoiiipeiisaliiifr ollicers of the tioveriunent eiiforein;,'- the imvi- 
 ga'tion ami steamlioat inspeelion laws was nuiterially changed. Nearly all the fees 
 prcvionslveolleclcd hy them from masters and owners of vesselsof thel'iiite<l .States 
 lor services rendered were abolished, and payment made directly from the Treasnry 
 on the basis i>f the former fees.] 
 
 On and after July lirst, eighteen hundred and eicrhty-six', ,„^lft^^',r/\''eerto 
 IK) fees sluill l)e charued or coHectcd bv eollector.s or other «fli<e''*'- 
 
 .. ,. , '^ 1 . i ' i! i 1 Jitiir lit, issh. 
 
 orticer.s ot customs, or by inspector.s or steani-ve.s.sels or i^u iitat., 7u.) 
 shii)i)in_ii' lonuuissioners, for the following* services to ves- 
 sels of the United States, to "svit: INIeasurementof tonnage 
 and certifying the same; i.ssuing of license or granting of 
 certiticate of registry, record, or enrollment, including all 
 indor.sements on tliesamcaiul ])ond and oath; indorsement 
 of change of master; certifying and receiving manifest, 
 including master's oath and permit; granting permit to 
 vessels licensed for the hsheries to touch and trade; grant- 
 ' ing certiticate of payment of tonnage dues; recording bill 
 of sale, mortgage, hypothecation, or conveyance, or the 
 discharge of such mortgage or hypothecation; furnishing 
 certiticate of title; furnishing the crew list, certiticate of 
 protection to seamen; bill of health; shipping or discharg- 
 ing of seamen, as provided by title tifty-three of the 
 Revised Statutes [R. S., 4501— 1:612] and section two of this 
 act; a])i)r(Miticing boj's to the merchant service; inspecting, 
 examining, and licensing steam-vessels, including inspec- 
 tion certiticate and copies thereof; and licensing of master, 
 engineer, pilot, or mate of a vessel; and all provisions of 
 laws authorizing or retiuiring the collection of fees for 
 such ser\ices are repealed, such repeal to take efi'ect July 
 first, eighteen hundred and eighty-six. Collectors or other 
 officers of customs, inspectors of steam-vessels, and ship- 
 ping commissioners who are paid wholly or partly by fees 
 shall make a detailed report of such services, and the fees 
 provided by law, to the Secretary of the Treasury [or the 
 Secretary of Commerce and La))or], under such regulations 
 as that officer may prescribe; and the Secretary of the (S2'slat.!'s29.) 
 Treasury [or the Secretary of Commerce and Labor] shall •*<-"• ^o- 
 allow and pay, from an}' mone}' in the Treasury not other- 
 wise appi"o])riated, said officers such compen.sation for said 
 services as each would have received prior to the passage 
 of this act; also such compen.sation to clerks of shipping 
 commissioners as would have been paid them had this act 
 not passed: Prorirhd, That such services have, in the 
 opinion of the Secretary of the Treasury [or the Secretarj^ 
 of Commerce and Labor], ])een nece.ssarilv rendered. 
 
 All fees exacted and oatiis administered by officei-s of flS:, m) 
 the customs, except as provided in this act, under or by -^'cc 22. 
 virtue of existing laws of the United States, upon the en- 
 try of im})ortetl goods and the passing thereof through 
 the customs, and also upon all entries of domestic goods, 
 wares, and merchandise for ex|)ortation, are hereby a})ol- 
 ished: * * * provided. That where such fees, under 
 
240 BUREAU OF NAVIGATION 
 
 existing laws, constitute, in whole or in part, the compen- 
 sation of any officer, such officer shall receive, from and 
 after the passage of this act, a fixed sum for each 3'ear 
 equal to the amount which he would have been entitled to 
 receive as fees for such services during said year. 
 of whicrbTpri- The following fees shall be levied and collected from the 
 vate persons is owners and masters of all vessels, except those navigating 
 uponwhichcom- the waters of the northern, northeastern, and northwest- 
 pcnsaUon of cer- gj.^ fi-Qnticrs, otlicrwisc than l)y sea: 
 
 tain omciais is ^. ' . i • t i 
 
 based. Jj irst. h ov measuring every vessel, in order to the enroU- 
 
 ■ ■' * ■ ment or licensing and recording the same, the fees pre- 
 scribed for like services in order to the registry of vessels. 
 
 Second. For every certificate of enrollment, fifty cents. 
 
 Third. For every indorsement on a certificate of enroll- 
 ment, twenty cents. 
 
 Fourth. For every license, and granting the same, inchid- 
 ing the bond, if not exceeding twenty tons, twenty-five 
 cents; if above tAventy and not more than one hundred 
 tons, fifty cents; and if more than one hundred tons, one 
 dollar. 
 
 Fifth. For every indorsement on a license, twenty cents. 
 
 Sixth. For certifying manifests, and granting a permit 
 for a licensed vessel to proceed from district to district, ten 
 cents. 
 
 Seventh. For receiving a certified manifest and granting 
 a permit on the arrival of such licensed vessel, ten cents. 
 
 Eighth. For certifying manifests, and granting a permit 
 for a registered vessel to proceed from district to dis- 
 trict, one dollar and fifty cents. 
 
 Ninth. For receiving a certified manifest, and granting 
 a permit on the arrival of such registered vessel, one dollar. 
 
 Tenth. For granting a permit for a vessel not belonging 
 to a citizen or citizens of the United States, to proceed 
 from district to district, and receiving the manifest, two 
 dollars. 
 
 Eleventh. For receiving a manifest, and granting a per- 
 mit to unload, for such last-mentioned vessel, on her 
 arrival in one district from another district, two dollars. 
 
 Twelfth. For granting a permit for a vessel cariying on 
 the fisheiy to trade at a foreign port, twenty-five cents; 
 and for the report and entiy of any foreign goods imported 
 in such vessel, twenty-five cents. 
 
 Where a surve3^or certifies a manifest, or grants a per- 
 mit, or receives a certified manifest and grants a permit, 
 the fees arising therefrom shall be received by him solely 
 for his use; and all other fees arising by virtue of this 
 section shall be received and accounted for by the collector, 
 or, at his option, by the naval officer, where there is one, 
 and where there is a collector, naval officer, and surveyor 
 shall ])e equally divided monthly between the said officers; 
 and where there is no naval officer, two-thirds to the col- 
 lector and the other third to the surveyor; and where 
 there is only a collector, he shall receive the whole amount 
 thereof; and where there is more than one surveyor in 
 
BUREAU OF NAVIGATION 241 
 
 any district, oaoh of thoin shall roccivo his proportional 
 l)art of such fiHvs as shall arise at the j)()rt foi- which he is 
 ai>i)(>inte(l: and in all cases when' the tonnas^e of an\' ship 
 or vessel shall be ascertained t)y any i)erson appointed for 
 that purpase, such person shall be paid a reasonable com- 
 pensation therefor out of the fees aforesaid, before any 
 distribution thereof, as aforesaid. 
 
 The following- fees shall be levied and collected from ^■^■•''Sss. 
 the owners and masters of vessels navig-ating' the Avaters 
 of the northern, northeastern, and northwestern frontiers 
 of the United States, otherwise than Iw sea: 
 
 First, For the measurement of any vessel, the fees 
 prescribed in Title XLVIII, "Regulation of Commerce 
 and Navigation/' 
 
 Second. For certificate of enrollment, including bond 
 and oath, one dollar and ten cents. 
 
 Third. For granting license, including bond and oath, 
 if not over twenty tons, forty-five cents. 
 
 Fourth. For granting license, including bond and oath, 
 above twenty and not over one hundred tons, seventy cents. 
 
 Fifth. For granting license, including bond and oath, 
 above one hundred tons, one dollar and twenty cents. 
 
 Sixth. For certifying manifest, including master's oath, 
 and granting permit for vessel to go from district to dis- 
 trict, ten cents. 
 
 Seventh. (Repealed. Act July 5, 1884, c. 228, § 3.) 
 
 Eighth. For receiving manifest, including master's 
 oath, on arrival of a vessel from one collection district to 
 another, whether touching at foreign intermediate ports 
 or not, ten cents. 
 
 Ninth. (Repealed. Act July 5, 1884, c. 228, §3.) 
 
 Tenth. For certifying a manifest, including master's 
 oath, and granting permit to a vessel under tifty tons, laden 
 with a cargo destined for a port' or place in another dis- 
 trict at which there is no custom-house, twenty-tive cents. 
 
 Eleventh. For certifying a manifest, including master's 
 oath, and granting permit to a vessel above fifty tons, 
 laden with a cargo destined for a port or place in another 
 district at which there is no custom-house, tiftv cents. 
 
 Twelfth. (Repealed. Act March 3, 1897, c. 389, § 9.) 
 
 Thirteenth. (Repealed. Act March 3, 1807, c. 389, S 9.) 
 
 Fourteenth. Vessels departing to or arriving from a 
 port in one district to or from a port in an adjoining dis- 
 trict, and touching at intermediate foreign ports, are 
 exempted from the pa^^ment of the entry fees. 
 
 Fifteenth. For a port entry of such vessel, two dollars. 
 
 Sixteenth. For permit to land oi- deliver goods, twenty 
 cents. 
 
 Seventeenth. For a bond taken ofiicially, not otherwise 
 provided for, tifty cents. 
 
 Eighteenth. For a permit to load goods for exportation 
 entitled to drawback, thirty cents. 
 
 Nineteenth. For debenture or other otiicial certificate 
 not otherwise provided for, twenty cents. 
 27628—04 16 
 
242 BUREAU OF NAVIGATIOISr 
 
 Twentieth. For recording all bills of sale, mortgages, 
 hypothecations, or conveyances of vessels, fifty cents. 
 
 Twentv-first. For recording all certificates for discharg- 
 ing and canceling any such conveyances, fifty cents. 
 
 Twentj^-second. For furnishing a certificate setting 
 forth the names of the owners of any registered or enrolled 
 vessel, the parts or proportions owned b}^ each, and also 
 the material facts of any existing bill of sale, mortgage, 
 hypothecation, or other incumbrance, the date, amount of 
 such incumbrance, and from and to whom made, one dollar. 
 
 Twenty-third. For furnishing copies of such records 
 for each bill of sale, mortgage, or other conversance, fifty 
 cents. 
 
 Twenty-fourth. For receiving manifest of each railroad 
 car or other vehicle laden with goods, wares, or merchan- 
 dise from a foreign contiguous territory, twenty-five cents. 
 
 Twenty-fifth. For cntr}^ of goods, wares, or merchan- 
 dise for consumption, warehouse, rewarehouse, transpor- 
 tation, or exportation, including oath and permit to land 
 or deliver, fifty cents. 
 
 Twenty-sixth. For certificate of registry, including 
 bond and oath, two dollars and twenty-five cents. 
 
 Twenty-seventh. For indorsement of change of masters 
 on registry, one dollar. 
 
 FEES PAYABLE BY PRIVATE PERSONS 
 
 PORTS ON ATLANTIC, PACIFIC, AND GULF COASTS AND WESTERN RIVERS 
 
 For inspector's certificate to cancel bond, etc |0. 20 
 
 Granting permit to a vessel not belonging to a citizen of the United States to 
 
 go from district to district, and for receiving manifest 2. 00 
 
 Receiving manifest, and granting permit to unload, for last-mentioned vessel 
 
 on arrival at one district from another 2. 00 
 
 Entry of vessel of 100 tons or more from foreign port 2. 50 
 
 Entry of vessel under 100 tons 1 . 50 
 
 Clearance of vessel of 100 tons or more for a foreign port 2. 50 
 
 Clearance of vessel under 100 tons 1 . 50 
 
 Post-entry - . 2. 00 
 
 Bond taken officially, not otherwise provided for, except when executed in 
 connection with the entry or passage of goodsthrough the customs, or with 
 
 the entry of merchandise for exportation 40 
 
 Official certificate, excejit as above stated 20 
 
 Collector's certificate to shipping articles 20 
 
 Special certificate to cancel bond not gived in connection with entry of mer- 
 chandise, etc., under act 1890 20 
 
 Certified copy of outward manifest, if required 20 
 
 Copy of marine document 20 
 
 Official documents (United States vessels' documents excepted) required 1)y 
 any merchant, owner, or master of any vessel not before enumerated, in- 
 cluding bills of health for foreign vessels 20 
 
 Services other than admeasurement to be performed by the surveyor in foreign- 
 going vessels of 100 tons or more, having on board merchandise subject to 
 (luty. Revised Statutes, 4186 (not applicable to vessels without cargo but 
 
 with excess of sea stores ) o. 00 
 
 For like services in vessels under 100 tons having similar meri'handise 1 . 50 
 
 For like services on all foreign-going vessels not having merchandise subject 
 
 to dnty 67 
 
 Certified copy of bill of sale, mortgage, or other conveyance 1 .50 
 
BUREAU OF NAVIGATION 243 
 
 Piities ])erIornu'(l l)v tlio surveyor on vosst'l of 100 tons or upwards, if there be 
 
 (latial)le car^'o . '. ." |;i 00 
 
 Duties ])erforine(l by surveyor on vessel of less than 100 tons, if there be 
 
 dutiable ear.iro 1.50 
 
 Duties jierfornied bv survevor on vessel of whatever tonnage with free cargo 
 
 ( .r bal last '. ". 67 
 
 Tonnage duty, if due 
 
 Certitieate payment tonnage dues, foreign vessel ' 20 
 
 Bill of health", foreign vessel 20 
 
 Bond to ivtain cargo on board, if required 40 
 
 Certificate of American growth or production, if reiiuired 20 
 
 Clearance of an American vessel for a foreign port: Fee same as above ())ut 
 
 no fee collectible for bill of health, certificate payment tonnage tax, crew 
 
 list, or bond) . 
 Certificate to shipping articles, if required 20 
 
 The fees allowed to surveyors for services other than admeasurement on l)oard vessels 
 may be charged by the collectors j)erforining such services at ports where there 
 are no surveyors, l)ut such fees will not be collected from coasting vessels. 
 
 Fees for the admeasurement of vessels under 5 tons in l)urden will not be charged. 
 
 Collectors may rei'eive port wai'den's, health officer's, and harbormaster's fees where 
 it is a matter of convenience to all parties concerned. 
 
 The term "legal fees," used in section 4206, Revised Statutes, does not mean pilot- 
 age, half pilotage, or similar local charges. 
 
 Masters of passenger vessels from foreign territory not contiguous to the United 
 States are re(iuired to pay, within twenty-four hours from entry, to the collector 
 of customs at the ])ort of arrival, $10 for each passenger over 8 years of age (not 
 being a cabin passenger) who shall have died of natural disease during the 
 voyage. 
 
 Collectors, naval officers, and surveyors are required to have posted in a public place 
 in their offices a-fair table of the fees demandable l)y law at their ports, subject 
 at all times to inspection, and to give receii)ts for fees collected, specifying the 
 particulars, whenever required to do so. Failure to observe these requirements 
 entails a penalty of $100 for the benefit of the informer. 
 
 PORTS ON NORTHERN, NORTHEASTERN, AND NORTHWESTERN FRONTIERS 
 
 Post entry .' $2. 00 
 
 Official ]jond not otherwise provided for, except when executed in connection 
 with the entry or passage of goods through the customs, or with the entry 
 
 of domestic merchandise for exportation 50 
 
 Official certificate not otherwise provided for, except as above stated 20 
 
 Special certificate to cancel bond not given in connection with entry, mer- 
 chandise, etc. , under act 1890 20 
 
 Certified copy of outward manifest, if required 20 
 
 Copy of marine document 20 
 
 Copy bill of sale, mortgage, or other conveyance 50 
 
 The fees a])ove mentioned are applicable in the case of all vessels navigating 
 the waters of the northern, northeastern, and northwestern frontiers 
 otherwise than by the sea, and no fees other than those above specially 
 enumerated can be legally collected from the owners or masters, as such, 
 of vessels enrolled or Hcensed on said frontiers. 
 
 Post entry, if made 2. 00 
 
 Clearance of a foreign vessel for a foreign port: 
 
 Clearance 50 
 
 B( (ud to retain cargo, if necessary 50 
 
 Clearance of an American vessel directly for a foreign j)ort: 
 
 Clearance 50 
 
 Bond to retain cargo, if necessary 50 
 
 Entry of an American vessel engaged in the coasting trade and touching at 
 a foreign p(jrt: 
 Post entry, if made 2. 00 
 
 The fees allowe<l to surveyors for services other than a<lnieasurement on board ves- 
 sels may be charged by the collectors jierforming such services at ports where 
 there are no surveyors, but such fees will not be collected from coasting vessels. 
 
 Fees for the admeasurement of vessels under 5 tons in burden will not be charged. 
 
244 BUREAU OF NAVIGATION 
 
 Collectors may receive port warden's, health officer's, and harbor master's fees wlu'ie 
 it is a matter of convenience to all parties concerned. 
 
 The term "legal fees," used in section 4206, Revised Statutes, does not embrace 
 pilotage, half pilotage, or similar local charges. 
 
 Masters of passenger vessels from foreign territory not contiguous to the United 
 States are required to pay, within twenty-four hours from entry, to the collector 
 of customs at the port of arrival, $10 for each passenger over 8 years of age (not 
 being a cabin passenger), who shall have died of natural disease during the 
 voyage. 
 
 Permits are not required on the northern frontier to unlade cargo brought from an 
 American port; but permits must be obtained, and existing laws complied with, 
 previous to the discharge or landing of passengers, baggage, goods, wares, or 
 merchandise brought from foreign ports or places. 
 
 Canadian steamers trading (jn the ncjrthern frontiers from one foreign port to 
 another, and touching during the course of such voyage at a port or place in 
 the United States, and landing passengers, baggage, or freight are required to 
 report. 
 
 Enrolled or licensed vessels upon the frontiers departing from or arriving at a port 
 in one collection district to or from a port in another collection district, although 
 touching at an intermediate foreign port, are exempted horn payment of the 
 entrance and clearance fees of fifty cents each, and from the payment of tonnage 
 tax, but in all such cases an entry or clearance must be made, and fees be paid of 
 ten cents for certification of manifest and permit to go from district to district, 
 and ten cents for receiving manifest. 
 
 Vessels used exclusively as ferryboats, however laden, will not be required to enter 
 or clear, nor will the masters or persons in charge of such boats be required to 
 present manifests or to pay entrance or clearance fees, or fees for receiving or 
 certifying manifests; but such masters or other persons will be required to report 
 to the proper officer of the customs in each instance, and to apprise him of any 
 baggage, goods, wares, or merchandise which may liave been imported in such 
 boats from any foreign territory. 
 
 Collectors on the northern, northeastern, and northwestern frontiers are authorized 
 to keep on sale, at their several offices, blank manifests and clearances, and to 
 charge therefor the sum of 10 cents for each blank, and no more. But this does 
 not prohibit private persons from furnishing their own blanks, if said blanks are 
 in accordance with law and regulations. 
 
 Collectors, naval officers, and surveyors are required to have posted in a public place 
 in their offices a fair table of tlie fees demandable by law at their ports, subject 
 at all times to inspection, and to give receipts for fees collected, specifying the 
 particulars, whenever required to do so. Failure to observe these requirements 
 entails a penalty of $100 for the benefit of the informer. 
 
 CRIMES 
 
 £^s'^ 730^^''^' "^^^ ^^'^^^ ^^ ^^^ offenses committed upon the high seas or 
 elsewhere, out of the jurisdiction of any particular State 
 or district, shall be in the district where the offender is 
 found, or into which he is tirst brought. 
 
 R. t>., 53/./,. Every captain, engineer, pilot, or other person employed 
 
 on any steamboat or vessel, by whose misconduct, negli- 
 gence, or inattention to his duties on such vessel, the life 
 of any person is destroyed, and every owner, inspector, or 
 other public officer, through whose fraud, connivance, mis- 
 conduct, or violation of law, the life of any person is 
 destroyed, shall be deemed guilty of manslaughter, and, 
 upon conviction thereof before any circuit court of the 
 United States, shall be sentenced to continement at hard 
 labor for a period of not more than ten years, 
 o/crewf^*^*™^"* Every master or other officer of an American vessel on 
 
 ^iJ^''P':L~. the high seas or on any other waters within the admiralty 
 
 Mar. S, 1H97. &> . . . . ,. •. ,, , r-r •! -X Lf L 1 -i-L. 
 
 (29 Stat, 691.) and maritime jurisdiction or the United States, who, witn- 
 sec.18. ^^^ justifiable cause, beats, wounds, or imprisons any of 
 
BCTREAU OF NAVIGATION 245 
 
 tlio crow of such vessel or withliolds from tliein suitable 
 
 food aud nourishment, or intlicts u})on them any cruel and 
 
 tuuisual ])unishment, shall he punished hy a tine of not j,^^. .,j ^gyg 
 
 more than one thousand dollars, or ))v imprisonment not i{>ostat'.,76i.) 
 
 more than five years, or by both. Nothino- herein con- 
 
 tahied shall ))e construed to repeal or uiodify section foi'ty- 
 
 six iumdred and eleven of th(> Revised Statutes, 
 
 If any one of the crew of any American vessel on the JJ"s'"?';,;s 
 hi*i!i s(>as. or other waters within the admiralty and mari- 
 time jurisdiction of the Unitcnl States, endeavors to make 
 a revolt or nnitiny on ])oard such vessel, or combines, con- 
 spires, or confederates with any other person on board to 
 make such revolt or mutiny, or solicits, incites, or stirs up 
 any other of the crew to disobev or resist the lawful orders 
 of the master, or other officer of such vessel, or to refuse 
 or ncii'lect their proper duty on board thereof, or to betray 
 their proper trust, or assembles with others in a tunuiltuous 
 and nnitinous manner, or makes a riot on l)oard thereof, or 
 unlawfully confines the master, or other commanding offi- 
 cer thereof, he shall l)e punished by a tine of not more 
 than one thousand dollars, or ])y imprisonment not more 
 than tive A'ears, or by both such tine and imprisonment. 
 
 If any one of the crew of an American vessel on the high ^- •'^- •'''^^'^■ 
 seas, or on any other waters within the admiralty and mari- 
 time jurisdiction of the United States, unlawfully and with 
 force, or by fraud, or intimidation, usurps the command of 
 such vessel from the master or other lawful officer in com- 
 mand thereof, or deprives him of authority and connnand 
 on board, or resists or prevents him in the free and liiwful 
 exercise thereof, or transfers such authority and command 
 to another not lawfully entitled thereto, he is guilty of a 
 revolt and mutiny, and shall be punished by a tine of not 
 more than two thousand dollars, and hy imprisonment at 
 hard lal)or not more than ten years. 
 
 Everv master or commander of anv vessel belonging, in ^.^.^.^f°"™^"^ 
 whole or part, to any citizen of the l nited States, who, ^- s- -'^^es. 
 during his being abroad, maliciously and without justi- 
 tiahle cause forces any officer or mariner of such vessel on 
 shore, in order to leave him behind in any foreign port or 
 place, or refuses to bring home again all such officers and 
 mariners of such vessel whom he carried out with him as 
 are in a condition to return and willing to return, when he 
 is ready to pi'oceed on his homeward voyage, shall be pun- 
 ished by a tine of not more than live hundred dollars, or 
 by imprisonment not more than six months. 
 
 Every person who, having knowledge of the actual com- fefony"^'^" ^^ 
 mission of the crime of murder or other felony upon the R-S.,5S9o. 
 high seas, or within any fort, arsenal, dock-yard, maga- 
 zine, or other place or district of country under the ex- 
 clusive jurisdiction of the United States, conceals, and does 
 not as soon as may be disclose and make known the same 
 to some one of the judges or othin" persons in civil or mil- 
 itary authority under the United States, is guilty of mis- 
 prision of felony, and shall be impi'isoned not more than 
 three years, and tincnl no moi-e than tive hundi'ed dollars. 
 
246 BUEEAU OF NAVIGATION 
 
 Crimes on tiie Every pei'son who shall, upon any vessel registered or 
 ^^septt.imi. enrolled under the laws of the United States, and ))eing 
 
 {26 Stat., i2/,.) y,^ ^ vo3"ag'e upon the waters of any of the Great Lakes, 
 namely, Lake Superior, Lake Michig^an, Lake Huron, Lake 
 Saint Clair, Lake Erie, Lake Ontario, or any of the waters 
 connecting any of the said lakes, commit or be g'uilty of 
 any of the acts, neglects, or omissions, respectively, men- 
 tioned in chapter three [R. S., 6339-5891] of title seventy 
 of the Revised Statutes of the United States shall, upon 
 conviction thereof, be punished with the same punish- 
 ments in the said title and chapter, respectively affixed to 
 the same oii'enses therein mentioned, respectively. 
 
 ^''•^ The circuit and district courts of the United States, 
 
 respectiveh% are hereby vested with the same jurisdiction 
 in respect of the offenses mentioned in the first section of 
 this act that they by law have and possess in respect of the 
 offenses in said chapter and title in the first section of this 
 act mentioned, and said courts, respectively, are also for 
 the purpose of this act vested with all and the same juris- 
 diction they, respectively, have by force of title thirteen, 
 chapter three [R. S., 563-571], and title thirteen, chapter 
 seven [R, S., 029-657], of the Revised Statutes of the 
 United States. 
 
 Forgery. If auv pcrsou falsclv makes, forges, counterfeits, or 
 
 ■' ■' *"■ alters any instrument in imitation of, or purporting to be 
 an abstract or official copy, or certificate of the recoi'ding, 
 registry, or enrollment of any vessel, in the office of any 
 collector of the customs, or a license to any vessel, for 
 carrying on the coasting trade, or fisheries of the United 
 States, or a certificate of ownership, pass, passport, sea- 
 letter, or clearance, granted for any vessel, under the au- 
 thority of the United States, or a permit, debenture, or 
 other official document, granted by any collector or other 
 officer of the customs, by virtue of his office; or passes, 
 utters, or publishes, or attempts to pass, utter, or publish, 
 as true, any such false, forged, counterfeited, or falsely 
 altered instrument, abstract, ofiicial copy, certificate, 
 license, pass, passport, sea-letter, clearance, permit, de- 
 benture, or other official document herein specified, know- 
 ing the same to be false, forged, counterfeited, or falsely 
 altered, with an intent to defraud, he shall be punished by 
 a fine of not more than one thousand dollars and by im- 
 prisonment at hard labor not more than three years. 
 
 Part II 
 
 DISCRIMINATION AND RETALIATION 
 
 Discrimination "Whenever any foreign country whose vessels have been 
 
 against Amen- *„" .,• ciTT-iOii 
 
 ran vessels. placcd ou thc sauic footuig in the ports of the United States 
 as American vessels (the coastwise trade excepted) shall 
 deny to any vessel of thc United States any of the commer- 
 cial privileges accorded to national vessels in the harbors, 
 ports, or waters of such foreign country, the President, on 
 
 .linii ;;/, issr,. 
 (:.", ,sy.(/.,,s.',) 
 Sec. 17. 
 
BUREAU OF NAVIGATION 247 
 
 reooiviiiii" ^^atisfrt^t(1I•v infonniition of the continuanoo of 
 such (liscriiuinatioiis against tiiiv vessols of the United 
 States, is hereby authorized to issue his prochiniation 
 exeiudin*:". on and after sut-ii time as he may indicate, from 
 the exercise of such commercial privileoes in the ports of 
 the United States as are denied to American vessels in the 
 poris of such foreion country, all vessels of such foreign 
 country of a similar character to the vessels of the United 
 States thus discriminated ayainst, and suspending" such 
 concessions previously granted to the vessels of such coun- 
 try; and on and after tiie date nsuned in such pi'oclama- 
 tion for it to take etfect, if tlie master, otlicei', or agent of 
 any vessel of such foreign country excludtnl hy said proc- 
 lamation from the exercise of any commercial privileges 
 shall do any act prohibited by said proclamation in the 
 ports, harbors, or waters of the United States for or on 
 account of such vessel, such vessel, and its rigging, tackle, 
 furniture, and I)oats, and all the goods on board, shall be 
 liatde to seizure and to forfeiture to the United States; and 
 any ])ers()n opposing any officer of the United States in 
 the enforcement of this act. or aiding and abetting any 
 other person in such opposition, shall forfeit eight hundred 
 dollars, and shall be guilty of a misdemeanor, and, upon 
 conviction, shall be liable to imprisonment for a term not 
 exceeding two vears. 
 
 AVhenever the President of the United States shall be .,g^S°^'Xm^°P 
 satisfied that American lishing vessels or American fisher- can fishinK ves- 
 
 . ... 1 • -iij^ ^ i f'yls in British 
 
 men. visiting or being in the waters or at any ports or America. 
 places of the British Dominions of North America, are 'l'^l''stat!i^ili) 
 or then lately have been denied or abridged in the enjoy- 
 ment of any rights secured to them 1)\' treaty or law, or are 
 or then lately have been unjustly vexed or harassed in the 
 enjoyment of such rights, or subjected to unreasonable 
 restrictions, regulations, or requirements in respect of 
 such rights; or otherwise unjustly vexed or harassed in 
 said waters, ports, or places; 
 
 Or whenever the President of the United States shall be 
 satisfied that any such fishing vessels or fishermen, having 
 a permit under the laws of the United States to touch and 
 trade at any port or ports, place or places, in the l^ritish 
 Dominions of Korth America, are or then lately have been . 
 denied the privilege of entering such port or ports, place 
 or pliices, in the same manner and under the same regu- 
 lations as may exist therein applicable to trading vessels 
 of the most favored nation, or shall l>e unjustly vexed or 
 harassed, in respect thereof, or otherwise be unjustly 
 vexed or harassed therein, or shall be prevented from 
 purchasing such supplies as may there be lawfully sold to 
 ti-ading vessels of the most favored nation; 
 
 Or whenever the President of the United States shall be 
 satisfied that any other vessels of the United States, their 
 masters or crews, so arriving at or l)elng in such British 
 waters or ports or places of the British Dominions of 
 North America, are or then latcdy have been denied any 
 of the ])rivileges therein accorded to the vessels, their 
 
248 BUEEAU OF NAVIGATION 
 
 masters or crews, of the most favored nation, or unjustly 
 vexed or harassed in respect of the same, or unjustly vexed 
 or harassed therein by the authorities thereof, then, and 
 in either or all of such cases: 
 
 ve^se^ifof Bluish ^^ ^^^^' ^^® lawful, and it shall he the duty of the Presi- 
 
 America. dent of the United States, in his discretion, by proclama- 
 
 tion to that effect, to deny vessels, their masters and crews, 
 of the British Dominions of North America, any entrance 
 into the waters, ports, or places of, or within the United 
 States (with such exceptions in regard to vessels in distress, 
 stress of weather, or needing supplies as to the President 
 shall seem proper), whether such vessels shall have come 
 directly from said dominions on such destined vo^-age or 
 by way of some port or place in such destined voyage else- 
 where, and also to deny entry into any port or place of 
 the United States of fresh fish or salt lish or any other 
 product of said dominions, or other goods coming from 
 said dominions to the United States. 
 
 The President may, in his discretion, apply such proc- 
 lamation to any part or to all of the foregoing- named 
 subjects, and may revoke, qualify, limit, and renew such 
 proclamation from time to time as he ma}" deem necessar}^ 
 to the full and just execution of the purposes of this act. 
 Violation of Evcry violation of any such proclamation, or any part 
 
 [amation" '^""^ thereof, is hereby declared illegal, and all vessels and goods 
 so coming or being within the waters, ports, or places of the 
 United States contrary to such proclamation shall be for- 
 feited to the United States; and such forfeiture shall be 
 enforced and proceeded upon in the same manner and with 
 the same effect as in the case of vessels or goods whose 
 importation or coming to or being in the waters or ports of 
 the United States contrary to law may now be enforced 
 and proceeded upon. 
 
 Every person who shall violate any of the provisions of 
 this act, or such proclamation of the President made in 
 pursuance hereof, shall be deemed guilty of a misdemeanor, 
 and, on conviction thereof, shall ])e punished by a fine not 
 exceeding one thousand dollars, or ])y imprisonment for a 
 term not exceeding two years, or by both said punishments, 
 in the discretion of the court. 
 
 ^P'''^''!™!"?^?!? With a view of securing reciprocal advantages for the 
 
 o n o a 11 a a 1 a n . . » , i x t • i ' ' i 
 
 canals. citizcus, ports, and vessels of the United States, on and 
 
 {^r^stai.lae?'.) after the first day of August, eighteen hundred and ninety- 
 two, whenever and so often as the President shall be 
 satisfied that the passage through any canal or lock con- 
 nected with the navigation of the Saint Lawrence River, 
 the Great Lakes, or the water wavs connecting the same, 
 of any vessels of the United States, or of cargoes or pas- 
 sengers in transit to any port of the United States, is 
 prohibited or is made diflicult or burdensome by the impo- 
 sition of tolls or otherwise which, in view of the free 
 passage through the Saint Marys Falls Canal, now per- 
 mitted to vessels of all nations, he shall deem to l)e recip- 
 rocally unjust and unreasonable, he shall have the power, 
 and it shall be his duty, to suspend by proclamation to 
 
BUREAU OF NAVIGATION 249 
 
 that oiVoct, for such time und to such extent (including 
 ;il)solute ])rohihiti()n) as he shall deem just, th(> ri<^ht of 
 tree j)assat>e throuj>h the Saint Marvs Falls Canal, so far 
 as it relates to vessids owned by the subjects of the govorn- 
 nient so discriminatiug aoalnst the citizens, ports, or ves- 
 sels of the Ignited Stiites, or to any cargoes, portions of 
 cargoes, or passengers in transit to the ports of the gov- 
 ernment making such discrimination, Avhether carried in 
 vessels of the United States or of other nations. 
 
 In such case and during such suspension tolls shall be 
 levied, collected, and paid as follows, to wit: 
 
 Upon freight of whatever kind or description, not to^^^^^^'*"'''^^^"" 
 exceed two dollars per ton; upon passengers, not to exceed 
 Hve dollars each, as shall be from time to time determined 
 by the President: 
 
 FrorUhd^ That no tolls shall be charged or collected upon 
 freight or passengers carried to and landed at Ogdensburg, 
 or any ])ort west of Ogdensburg, and south of a line drawn 
 from the northern boundary of the State of New York 
 through the Saint Lawrence Kiver, the Great Lakes, and 
 their connecting channels to the northern boundary of the 
 State of ^Minnesota. 
 
 All tolls so charged shall be collected under such regula- .Toil regula- 
 tions as shall be prescri))ed l)y the Secretary of Commerce ".vo; 2. 
 and Lal)or, who may require the master of each vessel to f:^{^tat^''s^i)) 
 furnish a sworn statement of the amount and kind of cargo ^f^- 10. 
 and the iuim])er of passengers carried and the destination 
 of the same, and such proof of the actual delivery of such 
 cargo or passengers at some port or place wnthiu the limits 
 al)Ove named as he shall deem satisfactory; and until such 
 proof is furnished such freight and passengers mav be 
 considered to have been landed at some port or place out- 
 side of those limits, and the amount of tolls which would 
 have accrued if they had l)een so delivered shall constitute 
 a lien, which may ])e enforced against the vessel in default 
 wherever and whenever found in the waters of the United 
 States. 
 
 No goods, wares, or merchandise, unless in cases pro-,.^'^^^^^^ of na- 
 
 • -I I ,> , 1 11 1 • 1 • 1 rT • 1 tions not assimi- 
 
 vided tor by treaty, shall be imported mto the Unitediiued by treaty to 
 States from an^^ foreign port or place, except in vessels sVisf'^'''*" ^^^ 
 of the United States, or in such foreign vessels as truly jjiif'^f^Jggj 
 and wholly lielong to the citizens or subjects of that coun- (.w W., -'jo.') 
 try of wliich the goods are the growth, production, or ■^"'•~^- 
 manufacture, or from which such goods, wares, or mer- 
 chandise can only be, or most usually are, tirst shipped 
 for transportation. xVU goods, wares, or merchandise 
 imported contrar}' to this section, and the vessel wherein 
 the same shall be imported, together with her cargo, 
 tackle, apparel, and furniture, shall be forfeited to the 
 United States; and such goods, wares, or merchandise, 
 ship, or vessel, and cargo shall ])e liable to be seized, pros- 
 ecuted, and condenmed in like manner, and under the 
 same regulations, restrictions, and provisions as have been 
 heretofore established for the reco^'erv, collection, distri- 
 
250 BUREAU OF NAVIGATION 
 
 hution, and remission of forfeitures to the United States 
 "by the several revenue laws. 
 Sec. u. The preceding^ section shall not appl}- to vessels or 
 
 goods, wares, or merchandise imported in vessels of a 
 foreign nation which does not maintain a similar regula- 
 tion against vessels of the United States. 
 diuies"™'"'^^'"^ ^ discriminating duty of ten per centum ad valorem, in 
 R. s., 2S02. addition to the duties imposed by law, shall be levied, col- 
 fas sal', 55a) lected, and paid on all goods, wares, or merchandise which 
 Sec. u. shall be imported in ^'essels not of the United States; but 
 
 this discriminating duty shall not apply to goods, wares,^ 
 Jviy2h,i897. and merchandise which shall be imported in vessels notot 
 (30 stai.,209.) ^j^g United States, entitled, by treaty or any Act of Con- 
 gress, to be entered in the ports of the United States on 
 payment of the same duties as shall then be paid on goods, 
 wares, and merchandise imported in vessels of the United 
 States. 
 iso'stai^ml'.) That a discriminating duty of ten per centum ad valorem, 
 Seen." in addition to the duties imposed by law, shall be levied, 
 collected, and paid on all goods, wares, or merchandise 
 which shall be imported in vessels not of the United States, 
 or which being the production or manufacture of any for- 
 eign country not contiguous to the United States, shall come 
 into the United States from such contiguous countrv; but 
 this discriminating duty shall not apply to goods, wares, or 
 merchandise which shall be imported in vessels not of the 
 United States, entitled at the time of such importation by 
 treaty or convention to be entered in the ports of the United 
 States on payment of the same duties as shall then be pay- 
 able on goods, wares, and merchandise imported in vessels 
 of the United States, nor to such foreign products or 
 manufactures as shall be imported from such contiguous 
 countries in the usual course of strictly retail trade. [See 
 opinion Attorney-General, September 20, 1897, in Treasury 
 Decisions, Synopses 18383, 18431, and 18900, and General 
 Appraisers, 18915.] 
 
 SPECIAL REGISTRY 
 
 Paris ^"'^ "^'"^ The Secretary of Commerce and Labor is hereby author- 
 Mayio, 1S92. ized and directed to grant registers, as vessels of the United 
 ^slc'.u^"~''^ States, to such foreign-built steamships now engaged in 
 freight and passenger business, and sailing in an established 
 line from a port in the United States, as are of a tonnage of 
 not less than eight thousand tons, and capable of a speed 
 of not less than twenty knots per hour, according to the 
 existing method of Government test for speed, of which 
 not less than ninety per centum of the shares of the capital 
 of the foreign corporation or association owning the same 
 was owned January tirst, eighteen hundred and ninety, 
 and has continued to be owned until the passage of this 
 act by citizens of the United States, including as such 
 citizens corporations created under the laws of any of the 
 States thereof, upon the American owners of such majority 
 interest obtaining a full and complete transfer and title k) 
 
BUREAU OF NAVIGATION 251 
 
 such stoanisliips from tln^ foroion corporations ownino- tho 
 siiino: Procidid^ That such Aiuoricaii owners shall, subsc- 
 ([uont to the date of this law, have built, or have con- 
 tracted to build, in American shipyards, steamships of an 
 •iwoietiate tonnage of not less in amount than that of the 
 stt-aniships so admitted to reo-istr}'. Each steamship so 
 built or contracted for to be ol" a tonnage of not less than 
 seven thousand tons. 
 The S(>cretarv of Commerce and I^abor, on beings satis- *c. 2. 
 
 ,. 1 ii X 1 i.' 1 • • ^ \ K • •4.- Feb. l/„ 100.1. 
 
 hed that such steamships so acciuired t)y American citizens, i.y stat., >«».) 
 or by such corporation or corporations as above set forth, ■^"'- '"■ 
 are such as come within the provisions of this act, and 
 that the American owners of such steamships, for which 
 an American reg'istry is to be granted under the provisions 
 hereof, have built or contracted to build in American ship- 
 yards steamships of an aggregate tonnage as set forth in 
 the tirst section hereof, shall direct the bills of sale or 
 transfer of the foreign-built steamships so acquired to be 
 recorded in the office of the collector of customs of the 
 proper collection district, and caused such steamships to be 
 registered as vessels of the United States b}^ said collector. 
 
 After which, each of such vessels shall be entitled to all 
 the rights and privileges of a vessel of the United States, 
 except that it shall not be employed in the coastwise trade 
 of the United States. 
 
 No further or other inspection shall be required for the f,'^!Q^^^ ^if^- 
 said steamship or steamships than is now required for .vir.'^j. "~" 
 foreign steamships carrying passengers under the exist- 
 ing laws of the United States, and a special certiticate of 
 inspection may be issued for each steamship registered 
 under this act; and before issuing the resistry to any such 
 steamship as a vessel of the United States the collector of 
 customs of the proper collection district shall cause such 
 steamship to be measured and described in accordance 
 with the laws of the United States, which measurement 
 and description shall be recited in the certiticate of registry 
 to be issued under this act. 
 
 Any steamships so registered under the provisions of this see. u. 
 act may be taken and used by the United States as cruisers 
 or transports upon payment to the owners of the fair ac- 
 tual valu«» of the same at the time of the taking, and if there 
 shall be a disagreement as to the fair actual value at the 
 time of taking between the United States and the owmers, 
 then the same shall be determined by two impartial ap- 
 praisers, one to be appointed by each of said parties, who, 
 in case of disagreement, shall select a third, the award of 
 any two of the three so chosen to be final and conclusive. 
 
 [Note. — The application of this act was limited to the 
 Neiii York and Parh. no other vessels meeting these 
 requirements.] 
 
252 BUEEAU OF NAVIGATION 
 
 YACHTS 
 
 Yachts to be -pjjg Secretary of Commerce and Labor maN^ cause yachts 
 s. s., 'mu. used and employed exclusively as pleasure vessels or de- 
 fn'ktaL^m.) signed as models of na\'al architecture, if built and owned 
 ifs'sm ^f4') ^'^ compliance with the provisions of sections forty-one 
 Sec. if "' " ' hundred and thirty-three to forty-one hundred and thirty- 
 five, to be licensed on terms which will authorize them to 
 proceed from port to port of the United States, and b}^ 
 sea to foreign ports, without entering or clearing at the 
 custom house, such license shall be in such form as the 
 Secretary of Commerce and Labor may prescri])e. Such 
 vessels, so enrolled and licensed, shall not be allowed to 
 transport merchandise or carrv passengers for pay. Such 
 vessels shall have their name and port placed on some con- 
 spicuous portion of their hulls. Such vessels shall, in all 
 respects, except as above, be subject to the laws of the United 
 States, and shall ))e liable to seizure and forfeiture for any 
 violation of the provisons of this title [K.S., 4131-43051. 
 Yachts not to No licensed yacht shall engage in any trade, nor in any 
 ^^^R\.mi.. way violate the revenue laws of the United States; and 
 Mar.'s"i88s. evcry such yacht shall comply with the laws in all respects. 
 fait%'.'i895: An}^ master or owner violating the provisions of this or the 
 ^ecs^f'i^^^''' preceding section shall be liable to the penalty of two hun- 
 dred dollars, in addition to any other penalty imposed by 
 law. The Secretary of Commerce and Lalior shall have 
 power to remit or mitigate any such penalty if in his opinion 
 it was incurred without negligence or intention of fraud. 
 R. s., mn. For the identification of yachts and their owners, a com- 
 
 mission to sail for pleasure in any designated yacht belong- 
 ing to any regularly organized and incorporated yacht 
 club, stating the exemptions and privileges enjoyed under 
 it, may be issued by the Secretary of Commerce and Labor, 
 and shall be a token of credit to any United States official, 
 and to the authorities of any foreign power, for privileges 
 enjoyed under it. 
 Yacht signals. ^H such licensed 3"achts shall use a signal of the form, 
 " ~ ''' size, and colors prescribed by the Secretary of the Navy; 
 and the owners thereof shall at all times permit the naval 
 architects in the employ of the United States to examine 
 and copy the models of such yachts. 
 .courtes>^tofor- Yachts, belonging to a regularly organized yacht club 
 ^'^"sm^s/c. of any foreign nation which shall extend like privileges to 
 the yachts of the United States, shall have the privilege of 
 entering or leaving any port of the United States without 
 entering or clearing at the custom-house thereof or paying 
 Feb. 5, 1897. tonnage tax: Provided, That the privileges of this section 
 (29SM.,.^n.) sjiall not extend to any yacht built outside of the United 
 States and owned, chartered, or used by a citizen of theUnited 
 States, unless such ownership or charter was acquired prior 
 to the passage of this Act. [See also Tonnage Tax.] 
 Entry of Evcry j^acht visiting a foreign country under the provi- 
 ^^iLS.', /,2is. sions of the four preceding sections shall, on her return to 
 the United States, make due entry at the custom-house of 
 the port at which, on such return, she shall arrive. 
 
BUREAU OF NAVIGATION 
 
 253 
 
 F(h. ;/,, ;.'y(>.!. 
 Sec. 10. 
 
 SURVEYOR ]MAV LICENSE VESSEL 
 
 Tho Secri'tarv of Comiueive and Lalxn- may authorize ^,,^,"^^^;j^^^."^^*"^"" 
 tho surveyor ot" any })ort of delivery, under sueh reo'ula- 
 tions as he shall deem necessary, to enroll and license 
 vessels to he employed in tlie coast inji-trade and fisheries, 
 iu liUe manner as collectors of jwrts of entry are author- 
 ized to do. 
 
 EKTRY AND CLEARANCE 
 
 " The master or person having- the charg-c or command of ^''^^v'"""^-- 
 anv vessel bound to a foreign j)oi't. shall deliver to the Apr'.yj, 1902. 
 collector of the district from which such vessel is about to (•'-*'"'•- ^'~-) 
 depart, a manifest of all the cargo on board the same, and 
 the value thereof, by him subscribed, and shall swear to the 
 truth thereof; "svhereupon the collector shall grant a clear- 
 ance for such vessel and her cargo, but without specifying 
 the particulars thereof in the clearance, unless required b}^ 
 tlie master or other person having the charge or command 
 of such vessel so to do. If any vessel bound to a foreign 
 port departs on her voyage to such foreign port without 
 delivering such manifest and obtaining a clearance, as 
 hereby required, the master or other person having the 
 charge or command of such vessel shall be liable to a pen- 
 alty of live hundred dollars for every such ofiense. 
 
 The oath to ])e taken by the master or commander of the 
 vessel shall be as follows: ' 
 
 District of 
 
 1. (insert the name), master or commander of the (insert 
 the denomination and name of the vessel), bound from the 
 port of (insert the name of the port or place sailing from) 
 to (insert the name of the port or place bound to,) do sol- 
 enmly, sincerely, and truly swear (or affirm, as the case 
 may ])e) thtit the manifest of the cargo on board the said 
 (insei-t denomination and name of the vessel), now deliv- 
 ered ])y me to the collector of this district, and subscribed 
 with my name, contains, according to the best of m}^ 
 knowledge and belief, a full, just, and true account of all 
 the goods, w'ares, and merchandise now actually laden on 
 l)oard the said vessel, and of the value thereof; and if any 
 other goods, wares, or merchandise shall })e laden or put 
 on board the said (insert denomination and name of vessel) 
 previous to her sailing from this port, 1 will immediately 
 report the same to the said collector. 1 do also swear (or 
 allirm) that 1 verily believe the duties on all the foreign 
 merchandise therein specitied have been paid or secured, 
 according to law. and that no part thereof is intended to 
 be relanded within the United States, ajid that if by dis- 
 tress or other unavoidable accident it shall become neces- 
 sary to leland the same, I will forthwith make a just and 
 true report thereof to the collector of the customs of the 
 district wherein such distress or accident may happen. So 
 helj) me God. 
 
 Master's oath. 
 E. S., l,19S. 
 Apr. 29, 1902. 
 {32 Stat, 172.) 
 
 oSee amendment April 29, 1902, on page 255. 
 
254 
 
 BUKEAU OF NAVIGATION" 
 
 wSd manifest." '^'^^° fonu of the report and nuuiifest to be delivered to 
 J?, .s., 1,199.' the collector shall be as follows: 
 
 Apr. 29, 1902. 
 
 Report and manifest of the cargo laden at tlie port of , on 
 
 board the , , master, bound for 
 
 port 
 
 Marks. 
 
 Numbers. 
 
 Packages or arti- 
 cles in bulk. 
 
 Contents or quan- 
 tities. 
 
 Value at the port 
 of exportation. 
 
 Ti. .S'., /,200. 
 Apr. 29, 1902. 
 (32 Slat., 172.) 
 
 Form of clear- 
 ance. 
 R. »., 1.201. 
 Apr. 29, 1902. 
 (32Siat., 172.) 
 
 Before a clearance shall be granted for any vessel bound 
 to a foreign port, the owners, shippers, or consignors of 
 the cargo of such vessel shall deliver to the collector mani- 
 fests of the cargo, or the parts thereof shipped bv them 
 respectively, and shall verify the same ))y oath. Such 
 manifests shall specify the kinds and quantities of the 
 articles shipped respectively, and the value of the total 
 quantity of each kind of articles; and the oath to each 
 manifest shall state that it contains a full, just, and true 
 account of all articles laden on board of such vessel by 
 the owners, shippers or consignors, respectively, and 
 that the values of such articles are truly stated, according 
 to their actual cost, or the values which they truly bear at 
 the port and time of exportation. And ])efore a clearance 
 shall be granted for any such vessel, the master of that 
 vessel, and the owners, shippers, and consignors of the 
 cargo, shall state, upon oath, to the collector, the foreign 
 port or country in which such cargo is truly intended to 
 be landed. The oaths shall be taken and subscribed in 
 writing. 
 
 The form of a clearance, to be granted to a ship or vessel 
 on her departure to a foreign port or place, shall be as 
 follows : 
 
 District of 
 
 Port of 
 
 state inspec 
 tion laws. 
 Jt. i>., 1,202. 
 Apr. 29, 1902. 
 (32 Stat., 172.) 
 
 ss. 
 
 or 
 
 These are to certify all whom it doth concern, that 
 master or commander of the , burden ton 
 
 thereabouts, mounted Avith gwis, navigated with 
 
 men, built, and bound for , having on board , 
 
 hath here entered and cleared his said vessel according to 
 law. Given under our hands and seals, at the custom-house 
 of , this day of , one thousand , and 
 
 in the year of the Independence of the United States 
 
 of America. 
 
 The collectors and other officers of the customs shall pay 
 due regard to the inspection laws of the States in which 
 they may respectively act, in such manner that no vessel 
 having on board goods liable to inspection shall be cleared 
 until the master, or other proper person, shall have pro- 
 duced such certiticate that all such goods have been duly 
 
BITREAU OF NAVIGATION 255 
 
 inspected, us tlie laws of the respective States may require 
 to l)e])n)(luc('(l to collei-tors or otiier oiHcers of tiie customs. 
 
 "The provisions of sectious four thousand one hundred Manifests in 
 
 d, ■• ii J J. 1 1 1 • I • Alaskun uiid iu- 
 
 innetv-seven to tour tliousand two hundred, inclusive, suinr tr.uius. 
 
 of the Revised Statutes of the United States, requiring f^htai,l^^,) 
 statements of quantity and value of j^'oods carried by ves- Feb. n.'ms' 
 sels cUnirinu- from the United States to foreiii'n ports, secs".?,'^. 
 shall l)e extendinl to and govern, under such regulations as 
 the Secretary of Commerce and Lal»or shall prescribe, in 
 the tra(h> l)etween the Ignited Statesand Hawaii. Porto Rico, 
 Alaska, the Philippine Islands, (Tuam, and its other non- 
 contiguous territt)rv, and shall also govern in the trade 
 conducted between said islands and territory, and in ship- 
 ments f I'om said islands or territory to other parts of the 
 United States: Provided^ That this law shall not apply in 
 the Philippine Islands during such time as the collectors 
 of customs of those islands are under the jurisdiction of 
 the ^Var l)c[)artment. 
 
 - All vessels l)elonging to citizens of the United States, buihou and 
 and bound from any port in the Ignited States to any other '^ r.'s., utou. 
 port therein, or to any foreign port, or from any foreign port 
 to any port in the United States, shall, before clearance, 
 receive on board aH such bullion, coin, United States notes 
 and bonds and other securities, as the Government of the 
 United States or any department thereof, or any minister, 
 consul, vice-consul, or commercial or other agent of the 
 United States abroad, shall oti'er, and shall securel}' con- 
 vey and promptly deliver the same to the proper authori- 
 ties or consignees, on arriving at the port of destination; 
 and shall receive for such service such reasonable compen- 
 sation as may be allowed to other carriers in the ordinary 
 transactions of business. 
 
 Collectors of the collection-districts within the States of ^ Live-oak tim- 
 Florida, Alabama, Mississippi, and Louisiana, before allow- r. s., 1,205. 
 ing a clearance to any vessel laden in whole or in part with 
 live-oak timber, shall ascertain satisfactorily that such tim- 
 ber was cut from private lands, or, if from pul)lic lands, 
 by cons(Mit of the Department of the Navy. 
 
 Previous to a clearance being granted to any vessel, out- J^^^^- ^^^^ 
 ward bound, the legal fees which shall have accrued on Jiinei9,iss6. 
 such vessel shall l)e paid at the offices where such fees are ^^^ "'" ^'''^ 
 respectively payal)le; and receipts for the same shall be 
 produced to the collector or other officer whose duty it may 
 he to grant cleaiances, before a clearance is granted. 
 
 Whenever any clearance is granted to any vessel of the ^•^■-'•-o^- 
 United States, duly registered as such, and bound on any 
 foreign voyage, the collector of the district shall annex 
 thereto, in every case, a copy of the rates or taritis of fees 
 which diplomatic and consular officers are entitled, by the 
 regulations prescribed l)y the President, to receive for their 
 services. 
 
 If anv vessel, enrolled or licensed, shall proceed on a for- Enrolled and 
 
 _: * •,! J. 1- ^ • • 1 II i. 1 licensed vessels 
 
 eign vovage, without first giving up lier enrollment and in foreign trade. 
 
 1__ R. S., 1,337. 
 
 aR. S. 4197 et seq., page 253. 
 
25G BUREAU OF NAVIGATION 
 
 licen.se to the collector of the district comprehending the 
 port from which she is about to proceed on such vo3'age, 
 and being- duly registered by such collector, every such 
 vessel, together with her tackle, apparel, and furniture, 
 and the merchandise so imported therein, shall be liable to 
 seizure and forfeiture. 
 
 li. s., US38. If the port from which any vessel, so enrolled or licensed 
 
 is about to proceed on a foreign voyage, is not within the 
 district where such vessel is enrolled, the collector of such 
 district shall give to the master of such vessel a certificate, 
 specif}' ing that the enrollment and license of such vessel 
 has been received by him, and the time when it was so 
 received; which certiticate shall afterward be delivered 
 by the master to the collector who ma}^ have granted such 
 enrollment and license. 
 
 Permii^ to Whenever a,n3" vcsscl, licensed for carrying on thetishery, 
 *"^? s^m^**^*'" i*^ intended to touch and trade at any foreign port, it shall 
 be the duty of the master or owner to obtain permission 
 for that purpose from the collector of the district where 
 such vessel ma}^ be, previous to her departure, and the 
 master of ever}^ such vessel shall deliver like manifests, 
 and make like entries, both of the vessel and of the mer- 
 chandise on ])oard, within the same time, and under the 
 same penalty, as are by law provided for vessels of the 
 United States arriving from a foreign port. 
 
 R. »., US65. Whenever a vessel, licensed for carrjing on the fisheries, 
 
 is found within three leagues of the coast, with merchan- 
 dise of foreign growth or manufacture, exceeding the value 
 of five hundred dollars, without having such permission as 
 is directed by the preceding section, such vessel, together 
 with the merchandise of foreign growth or manufacture 
 imported therein, shall be subject to seizure and forfeiture. 
 
 Oath of owner- Upou the entry of ever}^ vessel of the United States from 
 ^"^il! &! i"/r ■ any foreign port, if the same shall be at the port at which 
 the owner or any of the part owners reside, such owner or 
 part owner shall make oath that the register ©f such vessel 
 contains the name or names of all the persons who are then 
 owners of the vessel; or if any part of such vessel has been 
 sold or transferred since the granting of such register that 
 such is the case, and that no foreign subject or citizen has, 
 to the best of his knowledge and belief, any share, hy way 
 of trust, confidence, or otherw^ise, in such vessel. If the 
 owner or any part owner does not reside at the port at 
 which such vessel enters, the master shall make oath to the 
 like effect. If the owner, or part owner, where there is one, 
 or the master, where there is no owner, refuses so to swear, 
 such vessel shall not be entitled to the privileges of a vessel 
 of the United States. 
 
 R. s., une. Upon the entry of every such [unreg'istered vessel, 
 
 owned by citizens of the United States, and carrying a 
 sea-letter, or, other regular document, issued from a 
 custom house of the United States, proving the vessel to 
 be American property] vessel from any foreign port, if 
 the same shall be at the port at which the owner or any of 
 the part owners reside, such owner or part owner shall 
 
BUREAU OF NAVIGATION 257 
 
 make oath that the sea letter or other regular document 
 possessed l)y .such vessel contains the name or names of 
 all the persons who arc then the owners of the vessel; or 
 if an}' part of such vessel has l)ccn sold or transferred 
 since the date of such sea-letter or document, that such is 
 the case, and that no foreio-n subject or citizen has, to the 
 best of his knowledi'"e and btdicf, any share, by wa}' of 
 trust, conlidence, or otherwise, in such vessel. If the 
 owner or any part owner does not reside at the port or 
 place at which such vessel shall enter, then the master 
 shall make oath to the like effect. If the owner or part 
 owner, where there is one, or the master, where there is 
 no owner, shall refuse to so sweai', such vessel shall not 
 be entitled to the privileges granted by this section. 
 
 The register, or other document in lieu thereof, together ^„^i'P*'''''* °^ p*^- 
 with the clearance and other papers granted by the othcers a'. v., 2790. 
 of the customs to a vessel at her departure from the port 
 from whence she ma}^ have arrived, Mediterranean pass- 
 ports excepted, shall previous to entry be produced to the 
 collector with whom such entr}' is to be made, and shall 
 remain in his office; and on the clearance of such vessel 
 the register and other documents shall be returned to the 
 master or owner of such vessel. 
 
 The register, or other document in lieu thereof, together ^- ^-^ ''^^^• 
 with the clearance and other papers granted Iw the officers 
 of the customs to any foreign vessel, at her departure from 
 the port from which she may have arrived, shall, previous 
 to entr}' in any port of the United States, be produced to 
 the collector with Avhom such entry is to l)e made. It shall 
 be the duty of the master, within forty-eight hours after 
 such entry, to deposit the papers with the consul or vice- 
 consul of the nation to which the vessel belongs, and to 
 deliver to the collector the certiticate of such consul or vice- 
 consul that the papers have ])eeji so deposited. Every 
 master who fails to comply Avith this regulation shall be 
 punishal)le h\ a tine of not less than li\'e hundred dollars, 
 nor more than two thousand dollars. 
 
 The preceding section shall not extend to the vessels of ^- '^- '''^^''• 
 foreign nations in whose ports American consuls are not 
 permitted to have the custody and possession of the regis- 
 ter and other papers of vessels entering the ports of such 
 nation. 
 
 It shall not be lawful for any foreign consul to deliver to „,^°djfivery ''Cf 
 the master of anv foreign vessel the register and other papers. 
 papers deposited with him pursuant to the provisions of 
 the preceding section, until such master shall produce to 
 him a clearance in due form from the collector of the port 
 where such vessel has been entered. Any consul offending 
 against the provisions of this section shall be lined not less 
 than live hundred dollars nor more than live thousand. consular serv- 
 
 It shall be the duty of all masters of vessels for whom ices, statement 
 any official services shall be ])erf()rmed by any consular ° jj.s., 4215. 
 officer, without the payment of a fee, to re([uire a written '[^sstai.!!^) 
 statement of such services from such consular officer, and, sec.'is.'' 
 27628—04 17 
 
258 BUREAU OF NAVIGATION 
 
 after certifjdng as to whether such statement is correct, to 
 furnish it to the collector of the district in which such ves- 
 sels shall first arrive on their return to the United States; 
 and if any such master of a vessel shall fail to furnish such 
 statement, he shall be liable to a fine of not exceeding fifty 
 dollars, unless such master shall state under oath that no 
 such statement was furnished him by said consular ofiicer. 
 And it shall be the duty of ever}^ collector to forward to 
 
 F€b.u,i9o.K the Secretary of the Treasury all such statements as shall 
 
 Sec. 10.'' ~ ' have been furnished to him, and also a statement of all 
 certified invoices which shall have come to his oflice, giving 
 the dates of the certificates, and the names of the persons 
 for whom and of the consular officer b}^ whom the same 
 were certified. 
 
 War doeu- Evcry vcsscl of the United States, going to any foreign 
 Sa"ieuer^°"'''' couutry, shall, before she departs from the United States, 
 
 J?, s., /,30G. j^t the rec{uest of the master, be furnished by the collector 
 for the district where such vessel maj^ be, with a passport, 
 the form for which shall be prescribed by the Secretarj^ of 
 State. In order to bo entitled to such passport, the mas- 
 ter of every such vessel shall be bound, with sufficient sure- 
 ties, to the Treasurer of the United States, in the penalty 
 of two thousand dollars, conditioned that the passport 
 shall not be applied to the use or protection of any other 
 vessel than the one described in it; and that, in case of 
 the loss or sale of any vessel having such passport, the 
 same shall, within three months, be delivered up to the 
 collector from whom it was received, if the loss or sale 
 take place within the United States; or within six months, 
 if the same shall happen at an}' place nearer than the Cape 
 of Good Hope; and within eighteen months, if at a more 
 distant place. 
 
 B.s.,/.307. If any vessel of the United States shall depart there- 
 
 from, and shall be bound to any foreign country', other 
 than to some port in America, without such passport, the 
 master of such vessel shall be liable to a penalty of two 
 hundred dollars for every such offense. 
 
 E.s.,/,3os. Every unregistered vessel owned l)v a citizen of the 
 
 United States, and sailing with a sea-letter, going to any 
 foreign countr}', shall, before she departs from the United 
 States, at the request of the master, be furnished by the 
 collector of the district where such vessel may be with a 
 passport, for which the master shall be subject to the rules 
 and conditions prescribed for vessels of the United States. 
 
 Deposit with Evcry master of a vessel, belonging to citizens of the 
 ''T]?.°I]'o9^''''" United States, Avho shall sail from any port of the United 
 States, shall, on his arrival at a foreign port, deposit his 
 register, sea-letter, and Mediterranean passport with the 
 consul, vice-consul, commercial agent, or vice-commercial 
 agent, if any there be at such port; and it shall be the 
 duty of such consul, vice-consul, commercial agent, or 
 vice-commercial agent, on such master or commander pro- 
 ducing to him a clearance from the proper officer of the 
 port where his vessel may be, to deliver to the master all 
 
BUREAU OF NAVIGATION 259 
 
 of his pupei'ts, if such master or commander has complied 
 Avith the provisions of law relatin**- to the discharg-e of 
 seamen in a foreij^'n country, and to the payment of the 
 fees of consular officers. 
 
 Every master of an_v such vessel who refuses or neg-lects Penalty for not 
 to deposit the papers as required by the preceding section, ^^^sHs'/o!^ 
 shall bo liable to a penalt}- of live hundred dollars, to be 
 recovered by such consul, vice consul, commercial agent, 
 or vice-commercial agent, in his own name, for the Ijenetit 
 of the United States, in an}" court of competent jurisdiction. 
 
 Every person who, not ])eing in the United States service, in^^^ofvLsei"^'^*^" 
 and not being duh" autliorized hy law for the purpose, goes -k. s., me'. 
 on board any vessel a1)out to arrive at the place of her des- 
 tination, before her actual arrival, and before she has ])een 
 completely moored, without permission of the master, shall, 
 for every such offense, be punishable by a tine of not more 
 than two hundred dollars, and by imprisonment for not 
 more than six months; and the master of such vessel may 
 take any such person so going on ])oard into custody, and 
 deliver him up forthwith to an}" constable or police officer, 
 to be by him taken before any justice of the peace, to be 
 dealt with according to the provisions of this Title [R. S., 
 
 tl:5()l~l:(312]. 
 
 The Secretary of Commerce and Labor is hereby author- lauwif '"^'"''^''" 
 ized and directed to prescribe from time to time and enforce ' Mar.'ai, woo. 
 regidations governing the boarding of vessels arriving at Feb'^il'ms. 
 the seaports of the United States, before such vessels have ,l,^f. '^J^'"' '^"^'^ 
 been properly inspected and placed in security, and for 
 that purpose to employ any of the officers of that [or Treas- 
 ur}'j Department. 
 
 Each person violating such regulations shall l^e subject f^'^^fj: ^^'^'^.■ 
 to a penalty of not more than one luuidred dollars or sec.'^. 
 imprisonment not to exceed six months, or both, in the 
 discretion of the court. 
 
 This Act shall be construed as supplementary to section *'<^<^- ^• 
 nine of chapter three hundred and seventy-four of the 
 Statutes of eighteen hundred and eighty two, and section 
 forty-six hundred and six of the Revised Statutes. 
 
 CUSTOMS LAWS WEECTLY KELATING TO VESSELS 
 
 It shall ])e lawful for any officer of the customs, includ- seSI!" ves^eL 
 ing inspectors and occasional inspectors, or of a revenue- ^- *- ^'^^^• 
 cutter, or authorized agent of the Treasury Department, 
 or other person specially appointed for the purpose in 
 writing by a collector, naval officer, or surveyor, to gO' 
 on board of any vessel, as well without as within his dis- 
 trict, and to inspect, search, and examine the same, and 
 any person, trunk, or envelope on board, and. to this end 
 to hail and stop such vessel if under way, and to use all 
 necessary force to compel compliance; and if it shall appear 
 that any breach or violation of the laws of the United 
 
260 BUREAU OF NAVIGATION 
 
 States has been committed, whereby or in consequence of 
 which such vessel, or the merchandise, or any part thereof, 
 on board of or imported by such vessel, is liable to for- 
 feiture, to make seizure of the same, or either or any part 
 thereof, and to arrest, or in case of escape, or any attempt 
 to escape, to pursue and arrest an}" person engaged in 
 such breach or violation. 
 B. s., S067. It shall be lawful for all collectors, naval officers, sur- 
 
 vej^ors, inspectors, and the officers of the revenue-cutters, 
 to go on board of vessels in an}" port of the United States, 
 or within four leagues of the coast thereof, if bound to 
 the United States, whether in or cut of their respective 
 districts, for the purpose of demanding the manifests, and 
 of examining and searching the vessels; and those officers 
 respectively shall have free access to the cabin and every 
 other part of a vessel. 
 v.J^?/;lf"^fflll^^ If anv master of a vessel coming into or having arrived 
 
 Doarainj: omcer. - • i • i tt'il?j_ inn 
 
 it.s.,so6s. at anj" port within the United States shall obstruct or 
 hinder or shall intentionally cause any obstruction or hin- 
 drance to any officer in lawfully going on board such ves- 
 sel for the purpose of carrying into (» fleet an}" of the revenue 
 laws of the United States, he shall for e\'ery such offense 
 be liable to a penalty of not more than live hundred dollars 
 nor less than fifty dollars, 
 a Is'^'^lfc ^^^h\ ^^ ^^^^ ^^^•^' trunk, chest, cask, or other package shall be 
 boarding o'fflcef. fouud ill the Cabin, steerage, or forecastle of a vessel, or 
 M.S., 3069. -j^ ,^^^^^ other place separate from the residue of the cargo, 
 the officer of the customs shall take a particular account of 
 such package, and of the marks and numbers thereof, if 
 any, and a descrii)tion thereof, and, if he judges proper, 
 shall seal every such package; and such account and 
 description shall ])e hy him forwarded without delay to the 
 collector of the district to which such vessel is ])ound. If 
 upon her arrival at the port of her entry, the packages so 
 descrilied, or any of them, are missing, or if any seal put 
 thereon has lieen broken, the master shall be liable to a 
 penalty for every package missing, or on which any seal 
 shall be broken, of two hundred dollars. 
 es^eto "^ •''*''^''^'^' Every officer or other person authorized to make searches 
 k ,s.', 307i. and seizures by this Title [li. S., 2517-3121)] shall, at the 
 time of executing any of the powers conferred upon him, 
 make known, upon being questioned, his character as an 
 officer or agent of the customs or Goveniment, and shall 
 have authority to demand of any person within the distance 
 of three miles to assist him in making any arrests, search, 
 or seizure authorized by this Title, where such assistance 
 maybe necessary; and if such person shall, without rea- 
 sonable excuse, neglect or refuse so to assist, upon proper 
 demand, he shall be deemed guilty of a misdemeanor, pun- 
 ishable by a fine of not more than two hundred dollars, 
 nor less than fi\'e dollars. 
 
 sefs'^or merelum- ^^ ^^^^^ '>^' ^^'^^' ^^^^^y '^^ ^^^^' ■^^^'V^^'l'^l officcrS of the CUStOUlS 
 
 dise. to seize and secure any vessel or merchandise which shall 
 
 ij. s., 307-2. become liable to seizure by virtue of any law respecting 
 
BUREAU OF NAVIGATION 2G1 
 
 tho r('\'emu\ as woU without as within tlu>ir r(\spc('ti\'o dis- 
 tricts. 
 
 It" anv otiicor, or other imm'sou, oxocutino- or aidiiio- or nofcMisc of 
 assistinii" 111 the seizure ot i^ootls, uiuler any act provulmg wiiensued. 
 for or reguhitiii*];' the coHectioii ot duties on imports or ton- ^'- ''"•' ^'^^"'■ 
 na«ie, is sut^l for an3'thini>' done in virtue of the powers 
 oiveii thereby, or by virtue of a warrant onmted by any 
 judt^e. or justice, pursuant to law, ho may plead the 1^011- 
 eral issue and give such act and the special matter in evi- 
 dence. 
 
 In all t'ases of seizure of property sul)ject to ^orfeitiire^f'^jjP^^^'j^^^'lJ.^Y.l,'^ 
 for any of tlu> causes named in any provision of law rela- n.s.,:ioT/,. 
 tiiijj;' to the customs, or for the re»*isterino-, enrollinti", or 
 licensiii»4' of vessels, when, in the opinion of the collector 
 or other princi])al otticer of the revenue making- such seiz- 
 ure, the vahie of the pro[)erty seized does not exceed Hve 
 hundred dollars, he shall cause a list and particular descrip- 
 tion of the ]iroperty seized to be prepared in duplicate, 
 and an appraisement of the same to be made by two sworn 
 appraisers under the revenue laws, if there are such 
 appraisers at or near the place of seizure; but if there are 
 no such appraisers, then by two competent and disinter- 
 ested citizens of the United States, to be selected by him 
 for that purpose, residing- at or near the place of seizure; 
 which list and appraisement shall l)e properl}^ attested by 
 such collector or other otticer and the persons making the 
 appraisal. For such services of the appraisers they shall 
 be allowed out of the revenue one dollar and tift}^ cents 
 each, for every day necessarily employed in such service. 
 
 If the amount of the appraisal of property so seized as Appraisement 
 forfeited shall not exceed the sum of tive hundred dollars, ^^'x^.s.^3075. 
 the collector or other principal officer shall publish a notice 
 once a week for three successive weeks in some newspaper 
 of the county or place where such seizure shall have been 
 made, if any newspaper shall be puljlished in such count}'; 
 but if no newspaper shall be published in such county, then 
 such notice shall be pul)lished in some newspaper of the 
 county in which the principal customs office of the district 
 shall be situated; and if no newspaper shall be published 
 ill such county, then notices shall be posted in proper public 
 places, which notices shall descrilje the articles seized, and 
 state the time, cause, and place of seizure, and shall require 
 any person claiming such articles to appear and file with 
 such collector or other officer his claim to such articles 
 within twent}' days from the date of the first publication 
 of such notice. 
 
 Any person claiming the property so seized may, at any n. 1^., 3076. 
 tinieAvithin twenty days from the date of such publication, 
 tile with the collector or other officer a claim, stating his 
 interest in the articles seized, and. upon depositing with 
 such collector or other officer a bond to the United States 
 in the penal sum of two hundred and fift}' dollars, with 
 two sureties, to be approved by such collector or other 
 otticer, conditioned that, in case of the coudemnatiou of 
 
262 BUEEAU OF NAVIGATION 
 
 the articles so claimed, the obligors shall pay all the costs 
 and expenses of the proceedings to ()l)tain such condemna- 
 tion. Such collector or other otHcer shall tiansmit the 
 same, with th(> duplicate list and description of the aiticles 
 seized and claimed, to th(^ United States district attorney 
 for the district, who shall proceed for a condenuiation of 
 the property in the ordinary mode prescribed by law. 
 
 U.S., 3077. If no such claim shall be tiled or bond given within the 
 
 twenty da3-s above specified, such collector or other officer 
 shall give not less than iifteen days' notice of the sale of 
 the propert}' so seized, l)v publication in the manner 
 before mentioned; and. at the time and ])lace specified in 
 such notice, he shall sell at public auction the prop(>rty so 
 seized, and shall deposit the proceeds, after deducting the 
 actual expenses of such seizure. pul)licati()n. and sale, in 
 theTreasury of the Ignited States, as shall be diivcted by the 
 Secretary of the Treasury. The collector, however, shall 
 have power to adjourn such sale from time to time for a 
 pcniod not exceeding thirty days in all. 
 
 R.s.,so7s. Any person claiming to be interested in the property 
 
 sold under the provisions of the preceding section may, 
 within three months after such sale. a})ply to th(> Secretary 
 of the TreasuiT for a remission of the forfeiture and a 
 restoration of the proceeds of such sale, and the same may 
 be granted by the Secretary ui)on satisfactory proof, to be 
 furnished in such manner as he shall direct, that the appli- 
 cant, at the time of the seizure and sale of the property in 
 question, did not know of the seizure, and was in such cir- 
 cumstances as prevented him from knowing of the same, 
 and that such forfeiture was incurred without willful neg- 
 ligence or any intention of fraud on the part of th(^ owner 
 of such pr()})erty. [Xotk. — In certain cases the ap])lica- 
 tion will ])e made to the Secretary of Commerce and l^abor, 
 act of Feb. 14, r.>()8. sec. 10.] 
 
 E..^.,!io79. If no application for such remission or restoration shall 
 
 be made within three months after such sale, the Secretary 
 of the Treasury for Secretary of Commerce and Labor] 
 shall then cause the proceeds of such sale to be distributed 
 in the same manner as if such property had been con- 
 denmed and sold in ])ui'suance of a decree of a competent 
 court. 
 isimifuM?^!^!^"" ^^'henevel• seizure shall l>e made of any property which. 
 
 ji.s.,3(iso. in the oi)ini()n of the ap])raisers. is lial)le to perish or 
 waste, or to be greatly reduccnl in value by keeping, or 
 which cannot be kept without great dis))roportioiuite ex- 
 pense, whether such propiM'ty consists of live animals or 
 merchandise, and when the proi)erty thus seized shall not 
 exc(>ed ti\e hundred dollars in value, and when no claim 
 shall have been inter])osed therefor as is hereinbefore pro- 
 vidc(l. tlie a|)praisers. if re(iu(\sted by the collector or 
 principal officer making th(> seizur(\ at the time wIhmi sucli 
 appiaisal is made, shall certify on oath in their appi'aisal 
 their belief that the i)roperty seized is liable to speedy dc- 
 
BUKEAU OF NAVIGATION 263 
 
 terioration, or that the expenses of its keeping- will laroely 
 reduce the net proceeds of tiio sale; and in case the ap- 
 prais«M-s thus certifv, such collector or other officer may 
 proceed to tulvertise and sell the same at auction, hy giv- 
 ing notice for such time as he may think reasonable, l)ut 
 not less than one "sveek, of such seizure and intended sale, 
 by advertisement as is hereinbefore provided; and the 
 proceeds of such sale shall be deposited to the credit of 
 the Treasurer of the United States, subject, nevertheless, 
 to the payment of such claims as shall be presented within 
 three months from the day of sale, and allowed b}^ the 
 Secretary of the Treasur}-. 
 
 The collectors of the several districts of the United ii.s.,308i. 
 States, in all cases of seizure of an}- merchandise for viola- 
 tion of the revenue laws, the appraised value of which, in 
 the district wherein such seizure shall be made, does not 
 exceed one thousand dollars, are hereby authorized, sub- 
 ject to the approval of the Secretary of the Treasury, to 
 release such merchandise on payment of the appraised , 
 value thereof. 
 
 \\^hene\'er an}" seizure shall be made for the purpose of ^' "''■' ^°^^- 
 enforcing any forfeiture, the collector or other person caus- 
 ing such seizure to be made shall inmiediately give infor- 
 mation thereof to the Solicitor of the Treasury [or Secre- 
 tary of Commerce and Labor]. ^- ''''•' ^''^^• 
 
 All merchandise or property of any kind seized under 
 the provisions of any law of the United States relating to 
 the customs, shall, unless otherwise provided for by law, 
 be placed and remain in the custod}^ of the collector or 
 other principal officer of the customs of the district in 
 which the seizure shall be made, to abide adjudication by 
 the proper tril)unal, or other disposition according to law. 
 
 No vessel used b}" an}" person or corporation, as common Exemijtion 
 carriers, in the transaction of their business as such common Feb. s, issi. '^' 
 carriers, shall be subject to seizure or forfeiture by force ^^'^ '^'"'■' '"'■^ 
 of the provisions of Title thirty-four [R. S., 2517-3129] 
 of the Revised Statutes of the United States unless it shall 
 appear that the owner or master of such vessel at the time 
 of the alleged illegal act was a consenting party or privy 
 thereto. 
 
 Tiie several collectors of customs shall report Avithin Procedure in 
 ten days to the district attorney of the district in which pemu ties, and 
 any tine, peualtj", or forfeiture maj" be incurred for the ^"j^'^l^^'Josi 
 violation of any law of the United States relating to the 
 revenue, a statement of all the facts and circumstances of 
 the case within their knowledge, or which may come to 
 their knowledge from time to time, stating the names of 
 the witnesses, and the provisions of the law believed to be 
 violated, and on which a reliance may be had for condem- 
 nation or conviction. If an}" collector shall in any case 
 fail to report to the proper district attorney, as prescribed- 
 in this section, such collector's right to any compensation, 
 benetit, or allowance in such case shall be forfeited to the 
 United States, and the same may, in the discretion of the 
 Secretary of the Treasury, be awarded to such persons as 
 
264 BtlKEAU OF NAVIGATION 
 
 may make complaint and prosecute the same to judgment 
 or conviction. 
 
 Fines imposed. District attomevs, upon receiving" the report of a col- 
 ■ ■' ■ lector, shall cause suit and prosecution to be commenced 
 and prosecuted without delay for the fines and personal 
 penalties by law in such case provided, unless upon inquiry 
 and examination they shall decide that a conviction cannot 
 probably be obtained, or that the ends of public justice do 
 not require that a suit or prosecution should be instituted, 
 in which case thej^ shall report the facts to the Secretary 
 of the Treasury for his direction. For expenses incurred 
 and services rendered in prosecution for such tines and 
 personal penalties, they shall receive such allowance as 
 the Secretar}^ of the Treasury shall deem just and reason- 
 able, upon the certificate of the judge before whom such 
 prosecution was had. 
 
 a. s., S087. rpi^^ collector within whose district an}' seizure shall be 
 
 made or forfeiture incurred for any violation of the dutj'- 
 laws is hereby enjoined to cause suits for the same to be 
 conmienced without dela}', and prosecuted to effect; and is, 
 moreover, authorized to receive from the court within 
 which such trial is had, or from the proper officer thereof, 
 the sum recovered, after deducting all proper charges to 
 be allowed by the court; and on receipt thereof he shall 
 pa}^ and distribute the same without delay, according to law. 
 ^Libei for pen- XVlienever a vessel, or the owner or master of a vessel, 
 
 £. s., soss. has become subject to a penalty for a violation of the rev- 
 enue laws of the United States, such vessel shall ))e holden 
 for the payment of such penalty, and may be seized and 
 proceeded against summarily by libel to recover such 
 penalty. 
 cutfon ^^ ^^°^^' Whenever a seizure, condemnation, and sale of mer- 
 
 it.s^,sos9. chandise takes place within the United States, and the 
 value thereof is less than two hundred and fifty dollars, 
 that part of the forfeiture which accrues to the United 
 States, or so much thereof as may be necessary, shall be 
 applied to the payment of the cost of the prosecution. 
 
 Moieties, in- All provisions of law imder which moieties of any hues, 
 
 formers' and cus- ^.t j?i?-j. ij.i j. "i 
 
 toms officers' penalties, or lorteitures, under the customs-revenue laws, 
 ^""j^nen 1871,. oi' ^*^y share therein, or commission thereon, are paid to 
 (j8 stai, 186.) informers, or officers of customs, or other officers of the 
 june'io, 1890. United States, are hereb}^ repealed; and from and after the 
 ^ec.^29!'' ^^^'^ ^^^^ ^^ the passage of this act the proceeds of all such 
 fines, penalties, and forfeitures shall be paid into the Treas- 
 ury of the United States. 
 Compensation It shall hereafter he the duty of the Secretary of the 
 
 in smuggling ,T, , ,. ^ . ,, ,, •" j. j i 
 
 cases. ireasury, out of any money specifically appropriated by 
 
 "us suit. fm.) Congress, to make suitable compensation in certain cases 
 Sees. ' under the customs revenue laws, as hereinafter provided, 
 and not otherwise; and he shall annually report to Con- 
 gress, in detail, all payments b}' him for such purpose. 
 sec.i. Whenever any officer of the customs or other person 
 
 shall detect and seize goods, wares, or merchandise, in the 
 act of being smuggled, or which have been smuggled, he 
 
BUREAU OF NAVIGATION 265 
 
 shall be entitled to such coni})ensatioii therefor as the 
 Seoretaiy of tlie Treasuiy shall award, not exceeding in 
 amount one-half of the net proceeds, if any, resulting from 
 such seizure, and deducting all (Uities, costs, and charges 
 connected therewith: 
 
 JWny'(h(/, That for the purposes of this act snmggling^.^^smuggiing de- 
 shall be construed to mean the act, with intent to defraud, 
 of ])ringlng into the United Slates, or, with like intent, 
 attempting to bring into the Ignited States, dutial)le articles 
 without passing the same, or the package containing the 
 same, through the custom house, or submitting them to 
 the otticers of the revenue for examination. And whenever 
 anv person not an ofticer of the United States shall furnish 
 to a district attorney, or to any chief officer of the cus- 
 toms, original information concerning any fraud upon tiie 
 customs-revenue, perpetrated or contemplated, which shall 
 lead to the recovery of any duties W'ithheld, or of any tine, 
 penalty, or forfeiture incurred, whether by importers or 
 their agents, or b}' any officer or person employed in the 
 customs-service, such compensation may, on such recovery, 
 be paid to such person so furnishing information as shall 
 be just and reasonable, not exceeding in any case the sum 
 of five thousand dollars; which compensation shall be paid, 
 under the direction of the Secretary of the Treasury, out 
 of any money appropriated for that purpose. 
 
 No pavment shall be made to anv person furnishing. Payment for 
 information in any case wnerein judicial proceedings sliall ticc. o. 
 have been instituted, unless his claim to compensation shall 
 have been established to the satisfaction of the court or 
 judge having cognizance of such proceedings, and the 
 value of his services duly certitied by said court or judge 
 for the information of the Secretary of the Treasury, but 
 no certificate of the value of such services shall l)e conclu- 
 sive of the amount thereof. And when any fine, penalty, 
 or forfeiture shall be collected without judicial pro- 
 ceedings, the Secretaiy of the Treasuiy shall, before 
 directing payment to an}^ person claiming such compen- 
 sation, require satisfactoiy proof that such person is justly 
 entitled thereto. 
 
 Except in cases of smuggling as aforesaid, it shall not j,J^p^^^|^^^jg[j° 
 be lawful for any officer of the United States, under any see. i. 
 pretense whatever, directly or indirectly, to receive, accept, 
 or contract for any portion of the money which may, 
 under any of the provisions of thisor any other act, accrue 
 to any sucli person furnishing information; and any such 
 officer who shall so receive, accept, or contract for any 
 portion of the money that may accrue as aforesaid shall 
 be guilty of a misdemeanor, and, on conviction thereof, 
 shall be lialde to a fine not exceeding five thousand dollars, 
 or imprisonment for not more than one year, or both, in 
 the discretion of the court, and shall not be thereafter 
 eligible to any office of honor, trust, oi" emolument. 
 
 And any such person so furnishing information as afore- 
 said, who shall pay to any such officer of the United States, 
 
266 BUREAU OF NAVIGATION 
 
 or to an}' person for his use, directl}' or indirectly, any 
 portion of said money, or any other vahia})le thing, on 
 account of or l)ccause of such nionc}', shall have a right of 
 action against such ofhcer or other person, and his legal 
 representatives, to recover back tlie same, or the value 
 thereof. 
 
 Sec. 8. ]sJq officer, or other person entitled to or claiming com- 
 
 pensation under any provision of this act, shall be thereb}" 
 disqualified from Ijecoming a witness in any action, suit, 
 or proceeding for the recovery, mitigation, or remission 
 thereof, ])ut shall be sul)ject to examination and cross- 
 examination in like manner with other witnesses, with- 
 out lu'ing thereby deprived of an}' right, title, share, or 
 interest in any line, penalty, or forfeiture to which 
 such examination may relate; and in every such case the 
 defcnchmt or defendants may appear and testify and be 
 examined and cross-examined in like maiuier. 
 
 T'rooerturo in In all suits and proceedings other than criminal arising 
 "./r/!"'!:'2i"'s7i. under any of the re\enue-laws of the United States, the 
 
 U^^'J^tt., isr.) attorney representing the Government, whenever, in his 
 ))elief, any business-book, invoice, or ])aper, belonging to 
 or under the control of the defendant or claimant, will tend 
 to prove any allegation made by the Tnited States, may 
 make a written motion, particularly describing such book, 
 invoice, or pap«M-, and setting forth the allegation which 
 he expects to prove; and thereupon the court in which 
 suit or proceeding is pending may, at its discretion, issue 
 a notice to the defendant or claimant to produce such book, 
 invoice, or paper in court, at a day and hour to l)e specified 
 in said notice, which, together with a copy of said motion, 
 shall be served formally on the defendant or claimant by 
 the United States marshal by delivering to him a certified 
 copy thereof, or otherwise serving the same as original 
 notices of suit in the same court are served; and if the 
 defendant or claimant shall fall or refuse to produce such 
 book, invoice, or paper In obedience to such notice, the 
 allegations stated in the said motion shall be taken as con- 
 fessed unless his failure or refusal to produce the same shall 
 be explained to the satisfaction of the court. And if pro- 
 duced, the said attorney shall be peimitted, under the 
 direction of the court, to make examination (at which 
 examination the di fendant or claimant, or his agent, may 
 be present) of" such entries in said l)()<)k, invoice, or paper 
 as relate to or tend to prove the allegation aforesaid, and 
 may oti'er the same in evidence on behalf of the Uniti'd 
 States. But the owner of said ])ooks and papers, his agent 
 or attorney, shall have, subject to the order of the court, 
 the custody of them, except: pending their examination in 
 court as af'onvsaid. 
 
 Keportinj? of jf shall be the dutv of anv ollii'cr or person emploved in 
 oniiehiws. the custoius-revenue service ot the L nited States, u})()n 
 
 Hec.is. detection of any violation of the customs laws, forthwith 
 
 to make complaint thereof to the collector of the district, 
 whose duty it shall be piouiptly to report the same to the 
 
BUREAU OF NAVIGATION 2G7 
 
 distriot attornoy of tho dislrict in which sucli frauds sliall 
 1)0 coiiuuittod. liiiiiUMliatcly upon th(> receipt of such coin- 
 Ijhiiiit. if. ill his judiiiucut. it can l>c sustained, it shall he 
 the duty of such district attorney to caus(> investigation 
 into the facts to he made hefore a United Stati's connnis- 
 sionor havino- jurisdiction thereof, and to initiate proper 
 proceedinos to recover tho tines and penalties in tho prem- 
 ises, and to prosecute the same with the utmost dilio-ence 
 to tinal judgment. 
 
 ^^'henever, for an alleo-(>d violation of the customs- ^. Ij^j'^'^'^'^'^n- i>ro- 
 reveiuu' laws, any ]ierson who shall he charoed with hav- stc.h. 
 iny incurred any tine, ])enalty, forfeiture, or (lisat»ility 
 other than imprisonment, or shall he interested in any 
 vessel or merchandise sei/ed or suhject to seizure, when 
 the appraised value of such vessel or merchandise is not 
 leas than one thousand dollars, shall present Ids petition 
 to the judiio of the district in which tho alleged violation 
 occurred, or in which the property is situated, setting forth, 
 truly and })articuiarly, th(> facts and circumsttuices of tho 
 case, and praying for relief, such judge shall, if tho case, 
 in his judgment, roijuires. prix-eed to inijuire, in a sunnnary 
 'mami(>r into the circumstances of tho case, at such reason- 
 ahlo time as ma^' he fixed l)y him for that purpose, of which 
 the district attornev and the collector shall 1)0 notilied by 
 the petitioner, in order that they may attend and show 
 cause wliy the petition should ho refused. 
 
 The stiiumarv inv(\stigation herein' provided for may ho *c-^*- 
 held l>efore the judge to whom the petition is presented, 
 or if ho shall so direct, hefore any luitod States commis- 
 sioner for such district, and the facts ai)pearing thereon 
 shall he stated and annexed to the petition, and, together 
 with a certified copv of the evidence, transmitted to the 
 Secretary of the Treasury, who shall therinipon have power 
 to mitigate or remit such lino, penalty, or forfeiture, or 
 removesuch disal)ility, orany partthereof, if, in hisopinion, 
 the same shall have been incurred without Avillful negli- 
 gence or any intention of fraud in tho pin'son or piu'sons 
 incurring tho same, and to direct tlio prosecution, if any 
 shall have boon instituted for tho recovery thereof, to cease 
 and 1)0 discontinued upon such terms or conditions as ho 
 may doom reasonable and just. 
 
 It shall not bo lawful for any officer or officers of tho omcors not to 
 United States to compromise or abate any claim of thosu'it's!'"^"'"''''' 
 United States arising imdor the customs laws, for any fine, '^"■- ^■'■ 
 penalty, or forfeiture incun-od l)y a violation thereof; and 
 any olHcor or person who shall so compromise or al)ate any 
 such claiu). or attomi)t to make such compromise or at)at(>- 
 mont, or in any luaimer relieve or attempt to relievo from 
 such tine, penalty, or forfeiture, shall be docMuod guilty of a 
 felony, and. on conviction thereof, shall suffer imprisonment 
 not exceeding ten j'cars, and be lined not exceeding ten 
 thousand dollars. 
 
 Nothing in this section shall ho construed to atioct any J<in.22, isrr,. 
 authorit}', power, or right which might theretofore have ^'^^'"'■•^^■) 
 
268 BUREAU OF NAVIGATION 
 
 been lawful!}^ exercised by any court, judge, or district 
 attorney of the United States to ol)tain the testimony of 
 an accomplice in any c-rinie against, or fraud upon the 
 customs-revenue laws, on any trial or proceeding for a tine, 
 penalty, or forfeiture under said laws. In' a discontinuance 
 or dismissal, or by an engagement to discontinue or dismiss 
 any proceedings against such accomplice. 
 
 Remission of l*rt)rtdt'd, houiever^ That the Secretary of the Treasury 
 ^^Junc'^>,is7i,. shall have power to remit any tines, penalties, or forfei- 
 
 (j^^stiu., 190.) tures, or to compromise the same, in accordance with ex- 
 isting law. 
 
 Sec. 20. W lienever an}' application shall l)e made to the Secretary 
 
 of the Treasury for the mitigation or remission of any tine, 
 penalty, or forfeiture, or the refund of any duties, incase 
 the amount involved is not less than one thousand dollars, 
 the api)licant shall notify the district attorney and the col- 
 lector of customs of the district in which th(^ duties, line, 
 penalty, or forfeiture accrued; and it shall he the duty of 
 such collector and district attorney to furnish to the Sec- 
 retary of the Treasury all practica))Ie information neces- 
 sary to enable him to protect the interests of the United 
 States. 
 
 OATTIS OF MASTERS AND OWNERS 
 
 R. .%so9/.. Nothing contained in this Title [11. S., 2517-3129] shall be 
 
 construed to exempt the masters or owners of vessels from 
 making and subscril)ing any oaths recjuiredby any laws of 
 the I'nited States not immediately relatingto the collection 
 of the duties on the importation of merchandise into the 
 United States. 
 
 ENTRY OF MERCHANDISE 
 
 Definitions. 
 H. S., 2701!. 
 
 The word "merchandise,'' as used in this Title [R. S., 
 2517-312!>]. may include goods, wares, and chattels of every 
 description capable of Ixnng iniport(^d. 
 R. s., 27r,7. The word " port," as used in this 11tle f R. S. , 2517-3129], 
 
 may include any place from which merchandise can he 
 shipped for importation, or at which meichandise can be 
 imported. 
 R.s.,276s. xhe word "master," as used in this l^itle |R. S., 2517- 
 
 3129], may include any person having the chief charge or 
 conunand of the employment and navigation of a vessel. 
 R.s.,2769. Ill cases where the forms of oflicial documents, as pre- 
 
 scribed by this Title fR. S., 25l7-;-;i21t|. shall he substan- 
 tially complied with and ol)served, according to the tru(^ 
 intent thereof, no \)enalty or forfeiture shall b(> incurred 
 by a deviation thert'from. 
 goes" 7t'! "must It shall not be lawfid to maki^ cMitiy of any vessel which 
 he en tired at shall arrive within the United States, from any foreign 
 '"k^s", 2770? ■ port, or of the cargo on board such vessel, elsewhere than 
 
BUREAU OF NAVIGATION 269 
 
 at ono of tho ])<)rts of entry designated in chapter one 
 (R. S., L>51T-L><;iL>| of this Title |R. S., 2r)lT-:512{»|: "<>•• to 
 unlade the earyo, or any part thereof, elsewhere tiiaii at 
 one of the ports of delivery therein desiuiKited, except that 
 every port of entry shall be also a port of delivery. This 
 section shall not prevent the master or commander of any 
 vessel from making- entry with the collector of any district 
 in which such vessel may be owned, or from Avhich she 
 may have sailed on the voyage from which she shall then 
 have returned. 
 
 [For list of ports of entry and delivery see page 301.] ^^^Jj'^reisn vessels 
 Vessels which are not vessels of the United States shall ports of entry. 
 be admitted to unlade only at ports of entry established -'''••''■- ~^^^- 
 b}^ law; and no such vessel shall be admitted to make entry 
 in any other district than in the one in which she shall be 
 admitted to unlade. 
 The master of every vessel bound to a port of delivery, vessels bound 
 
 1 • 1- i. • 4- \ M 4i 4- 4- ^ /i i. £ , -^ to port of dehv- 
 
 only, in any district, shall nrst come to at the port of entry cry. 
 of such district, with his vessel, and there make report and '''■ *' ~^^^' 
 entry in writing, and pay all duties recpiired by law, port 
 fees and charges, before such vessel shall proceed to her 
 port of delivery. Any master of a vessel who shall pro- 
 ceed to a port of deliver}' contraiy to such directions shall 
 be liable to a penalty of five hundred dollars, to be recov- 
 ered w'ith costs of suit. 
 
 Within twenty-four hours after the arrival of any vessel, ^^?^,^'^"r^ *°4 
 
 . . J <> 1 TT • 1 o ueciaratioii oi 
 
 from anv foreip-n port, at anv i)ort of the United States master. 
 established by law, at which an officer of the customs re- ' ■'" 
 sides, or within any harbor, inlet, or creek thereof, if the 
 hours of business at the office of the chief officer of the 
 customs at such port will permit, or as soon thereafter as 
 such hours will permit, the master shall repair to such 
 office, and make report to the chief officer, of the arrival 
 of the vessel; and he shall, within forty-eight hours after 
 such arrival, make a further report in writing, to the col- 
 lector of the district, which report shall be in the form, 
 and shall contain all the particulars required to be inserted 
 in, and veritied like, a manifest. Every master who shall 
 neglect or omit to make either of such reports and declara- 
 tions, or to verify any such declaration as required, or shall 
 not full}' compl}" w^ ith the true intent and meaning of this 
 section, shall, for each offense, be liable to a penalty of one 
 thousand dollars. 
 
 The master of an}' vessel having on board distilled spirits, cargoes of 
 or wines, shall, within forty-eight hours after his arrival, reported to sur^ 
 whether the same be at the first port of arrival of such^'^j^''^ 2775 
 vessel or not, in addition to the requirements of the pre- 
 ceding section, report in w'riting to the surveyor or officer 
 acting as inspector of the revenue of the port at which he 
 has arrived, the foreign port from w hich he last sailed, the 
 name of his vessel, his own name, the tonnage and denomi- 
 nation of such vessel, and to what nation belonging, to- 
 gether with the quantity and kinds of spirits and wines, 
 on board of the vessel, particularizing the number of casks, 
 
270 BUREAU OB^ NAVIGATION 
 
 vessels, cases, or other packages containing the same, with 
 their marks and numbers, as also the quantity and kinds 
 of spirits and wines, on board such vessel as sea-stores, and 
 in default thereof he shall l)e lial)le to a penalt}^ of hve 
 hundred dollars and any spirits omitted to be reported 
 shall be forfeited. 
 fauure to ente?.' I^ any vcsscl, having arrived wnthin the limits of any col- 
 R. s., ^773. lection-district, from any foreign port, departs, or attempts 
 to depart from the same, unless to proceed on her way to 
 some more interior district to which she ma}^ be bound, 
 before report or entry shall have l)een made by the master 
 with the collector of some district, the master shall be 
 liable to a penalty of four hundred dollars; and any col- 
 lector, naval officer, surveyor, or conmiander of any 
 revenue-cutter may cause such vessel to be arrested and 
 brought back to the most convenient port of the United 
 States. If, however, it is made to appear by the oath of 
 the master, and of the person next in conunand, or by 
 other sufficient proof to the satisfaction of the collector of 
 the district within wdiich such vessel shall afterward come, 
 or to the satisfaction of the court in which the prosecution 
 for such ponalt3nnay be had, that the departure or attempt 
 to depart was occasioned by stress of weather, pursuit or 
 duress of enemies, or other necessity, the penalty imposed 
 by this section shall not be incurred. 
 Sl^s^2776!^^^' Vessels arriving at a port of entry in the United States, 
 Juneyi', ifi-%. laden with coal, salt, railroad iron and other like articles 
 
 i*3 Stcit 60 ) • 
 
 Sec.^9. " ' in bulk may proceed to places within that collection district 
 fs^'statfsii.) to be specially designated by the Secretary of Commerce 
 Sec. 10. and Labor by general regulations or otherwise, under the 
 
 superintendence of customs othcers, at the expense of the 
 parties interested, for the purpose of unlading cargoes of 
 the character before mentioned. 
 for re'-exporT'^^" ^"J vcsscl may procccd with any merchandise lirought 
 R. s., 2776. jjj \xQ\-^ and, in the manifest delivered to the collector of tiie 
 customs, reported as destined for any foreign port, from 
 the district within which such vessel shall first arrive to such 
 foreign port without paying or securing the payment of 
 any duties upon such merchandise as shall be actually re- 
 exported in the vessel. But the manifest so declaring to 
 re-export such merchandise shall ])e delivered to such col- 
 lector within forty-eight hours after the arrival of the 
 vessel. And the master of such vessel shall give bond as 
 required by the next section. 
 bond^etc!^' "' The master of anj^ vessel so destined for a foreign poi't 
 R. s., -^777. .shall give bond, with one or more sureties, in a sum equal 
 to the amount of the duties upon the merchandise, as the 
 same shall be estimated by the collector and naval officer 
 of the port where the report shall l)e made, to the satis- 
 faction of the collector, with condition that the merchandise, 
 or any part thereof, shall not ))e landed within the United 
 States, unless due entry thereof shall have been first made 
 and the duties thereupon paid, according to law. Such 
 bond shall be taken for the same period, and canceled in 
 
BUEEAU OF NAVIGATION 27 1 
 
 like manner, a.s a bond given for obtaining- drawback of 
 dntics. No such bond shall 1)C required in respect to 
 merchandise on board of any vessel Avhich has put into 
 the United States from a necessity, shown as prescribed 
 in stH'tion twenty-seven hundred and seventy-three. 
 
 The collector receiving- any ])ond conditioned for the ^J"^"°JJ^''^'^"''*'- 
 pavnuMit of duties upon merchandise reported as destined 
 for a foreign port, in case the sanu^ shall be landed within 
 the United States, or any other ]>onds taken upon the 
 exportation of merchandise entitled to drawback, shall 
 immediately after the time Avhen by the conditions of the 
 same they ought to be canceled, put the same in suit, pro- 
 vided the proof of the occurrence of such a necessity as 
 excuses a landing of such goods within the United States 
 has not been produced, oi' further time granted therefor 
 by the Secretary of the Treasury. 
 
 "The collector shall direct the surveyor, where any, to^/J^.^J^,''''';;'',;';,! 
 inspect, or cause to be inspected, the merchandise notitiedi"'!;" lorcxpon. 
 for exportation, and if it is found to correspond fully Avith '" ' " '' 
 the notice and proof concerning the same, the collector, 
 together with the naval otiicer, if any, shall grant a permit 
 for lading the same on board ot the vessel named in such 
 notice and entry. Such lading shall be performed under 
 the superintendence of the ofticer by whom the same has 
 been so inspected; and the exporter shall make oath that 
 the merchandise, so noticed for exportation, and laden on 
 board such vessel, previous to the clearance thereof, or 
 within ten daA's after such clearance, is truly intended to 
 be exported to the place whereof notice has been given, 
 and is not intended to l)c relanded within the United States; 
 otherwise the merchandise shall not be entitled to the 
 bene (it of drawback. 
 
 All merchandise imported into the United States, the j,,T[Xn'V.'ha^^^ 
 duties on Avhich have been paid, oj- secured to be paid, may d'se jor t-xpon. 
 be transported by land, or partly ))y land and parti}' by ^- '•"'•"'• 
 water, or coastwise, from the district into which it was 
 imported to any port of entry and exported from such port 
 of entr}' with the benefit of drawback. 
 
 Any vessel in which any merchandise is brought into the g„^,f^adou.sdi.s- 
 United States from any foreign port, and which is specified t"j;ts^, ^^^ 
 in the manifest verified before the collector of the port in 
 Avhich such acsscI first arri\es, to be destined for other dis- 
 tricts, may proceed with the same from district to district 
 Avitliin the United States, in order to the landiiigor delivery 
 thereof; and the duties on such of the merchandise onl}' as 
 shall be landed in any district shall be paid within such 
 district. 
 
 Before any vessel departs from the district in which she^,„^'^f;^ '"^i^"^^ °f 
 shall first arri\e for another district, provided such depar- J^'"«., 2780. 
 ture is not within forty-eight hours after her arrival within 
 such district, with merchandise brought in such vessel from 
 a foreign port on which the duties have not l)een paid, the 
 muster shall <)])tain from the collector of the district from 
 which she is about to depart, who is herel)}' required to 
 
272 BUREAU OF ISTAVIGATION 
 
 grant the same, a copy of the report and manifest made by 
 such master, certified by the collector, to which copy shall 
 be annexed a certificate of the quantity and particulars of 
 the merchandise which appears to him to have been landed 
 within his district, or of the quantity and particulars of 
 the merchandise which remains on board and upon which 
 the duties are to be paid in some other district. 
 
 Subsequent re- Within twcnty-four hours after the arrival of such ves- 
 ^'^ji!'s., 27sl' sel within any other district, the master shall make report 
 or entry to or with the collector of such other district, 
 producing and showing the certified copy of his first report, 
 together with a certificate from each collector of any other 
 district within which any of the merchandise, brought in 
 such vessel, has been landed, of the quantity and particu- 
 lars of such merchandise as has been landed in each district 
 respectively. 
 
 Bond with first Xhc uiastcr sliall, however, first g'ive bond, with one or 
 
 a. s., 2783. more sureties, to the satisfaction of the collector of the 
 district within which the vessel first arrives, in a sum equal 
 to the amount of the duties on the residue of the merchan- 
 dise, according to such estimate as the collector shall form 
 thereof, with condition that the residue of such merchan- 
 dise shall be duly entered and delivered in another district 
 for which the same has been reported to be destined. 
 bond"'^after°"ix The bond shall be canceled or discharged within six cal- 
 months. cudar months from the date thereof, bv the production of 
 
 certificates from the collector of the districts for which the 
 merchandise has been reported, showing the due entry and 
 delivery of the merchandise in such districts, or upon due 
 proof to the satisfaction of the collector by whom the bond 
 was taken, and to the naval officer of the port, if an}', that 
 such entry and delivery were prevented by some unavoid- 
 al)le accident or casualty, and if the whole or any part of 
 the merchandise has not, been lost, that it has been duly 
 entered and delivered within the United States. 
 
 Penalty f(ir If the uuistcr of any such vessel fails by his neglect or 
 papers/" *'''*'*'" fault to ol)tain the copy of his report from the collector of 
 
 £. s., 2784. i\^Q district from which he is about to depart, or any certifi- 
 cate Avhich he ought to obtain, or neglects to exhibit the 
 same to the collector of any other district to which the ves- 
 sel afterward proceeds, within the time for that purpose 
 allowed, he shall be liable to a penalty, for ever}' such neg- 
 lect or omission, of five hundred dollars. 
 
 Vessels exempt It shall not be ucccssary for the master of an}' vessel of 
 
 ji. s.^mi. war, or of any vessel employed by any prince, or state, as 
 a public packet for the conveyance of letters and dispatches, 
 and not permitted by the laAvs of such prince or state to be 
 employed in the transportation of merchandise, in the way 
 of trade, to make report and entry. 
 
 Ferry boats Vcssels uscd cxclusively as ferry-boats carrying passen- 
 ^^M^s^%7h. gers, baggage, and merchandise, shall not be required to 
 enter and clear, nor shall the masters of such vessels be 
 required to present manifests, or to pay entrance or clear- 
 ance fees, or fees for receiving or certifying manifests, but 
 
BUREAU OF NAVIGATION 273 
 
 they shall, upon arrival in the United States, be required 
 to ivport such l)a<4'ga<>-o and merchandise to the proper 
 officer of the customs according" to law. 
 
 Enrolled or licensed vessels eng-ag-ed in the foreign and Vesseiscxempt 
 coasting trade on tlie northern, northeastern and north- [•imJ^es!"^'^''^'" 
 western frontiers of the United States, departing from or -^'••^•■^795. 
 arriving at a port in one district to or from a port in an- 
 other district, and also touching at intermediate foreign 
 ports, shall not thereb}- become liable to the payment of 
 entry and clearance fees, or tonnage tax, as if from or to 
 foreign ports; but such vessels shall, notwithstanding, be 
 requireci to enter and clear. 
 
 In order to ascertain what articles ought to be exempt ^^^''^■f*'^*^^^^-^^^'^- 
 from duty as the sea-stores of a vessel, the master shall 2i.s.,2795. ^' 
 particularly specify the articles, in the report or manifest 
 to be by him made, designating them as the sea-stores of 
 such vessel; and in the oath to be taken by such master, 
 on making such report, he shall declare that the articles so 
 specified as sea-stores are truly such, and are not intended 
 by way of merchandise or for sale; whereupon the articles 
 shall be free from dut3\ 
 
 Whenever it a^TiJears to the collector to whom a report Excessive sea- 
 and luanifest of sea- stores are delivered, together with the "'^'^fl-., 2796. 
 naval officer, where there is one, or alone, where there is 
 no naval officer, that the quantities of the articles, or any 
 part thereof, reported as sea-stores, are excessive, the col- 
 lector, jointly with the naval officer, or alone, as the case 
 may be, may in his discretion estimate the amount of the 
 duty on such excess; which shall be forthwith paid by the 
 master, to the collector, on pain of forfeiting the value of 
 such excess. 
 
 If an}" other or greater quantity of articles are found on -R- s-, 2797 
 board such vessel as sea-stores than are specified in an 
 entry of sea-stores, or if any of the articles are landed 
 without a permit first obtained from the collector, and 
 naval officer if any, for that purpose, all such articles as 
 are not included in the report or manifest by the master, 
 and all which arc landed without a permit, shall be for- 
 feited, and may be seized; and the master shall moreover 
 be liable to a penalty of treble the value of the articles 
 omitted or landed. 
 
 Sea stores and the legitimate equipment of vessels be- Transfer of sea- 
 
 1 ■ , 1 1 • I • 1 i L- • i_ 1 Stores and equip- 
 
 longing to regular lines plying between loreign ports andment. 
 
 the United States delayed in port for any cause maj' be n^t'sultfilyi) 
 
 transferred in such port of the United States under the -^f- ^'- ' 
 
 supervision of the customs officers from one vessel to another 
 
 vessel of the same owner without payment of duties, but 
 
 duties must be paid on such stores or equipments landed for 
 
 consumption, except American products. 
 
 The master of any vessel propelled by steam, arriving at ^^^^^^t ?^*^™p^ 
 an}' port in the United States, may retain all the coal such ii.s.,27hs. 
 vessel may have on board at the time of her arrival, and 
 may proceed with such coal to a foreign port, without 
 being required to land the same in the United States, or to 
 pay any duty thereon. 
 
 27628—04 18 
 
274 BUREAU OF NAVIGATION 
 
 feste™"^*^ ™''"' ^^ merchandise shall be brought into the United States, 
 
 B.'s., 2S06. from any foreign port, in any vessel unless the master has 
 
 on l)oard manifests in writing of the cargo, signed by such 
 
 master. 
 
 R.s.,2so7. Every manifest required by the preceding section shall 
 
 contain: 
 
 First. The name of the ports where the merchandise in 
 such manifest mentioned wore taken on board, and the 
 ports within the United States for which the same are des- 
 tined; particularly noting the merchandise destined for 
 each port respectively. 
 cargoin^buik. Provided^ hoioevei\ That the master of a vessel laden 
 (27 Stat, hi.) exclusively either with sugar, coal, salt, hides, dyewoods, 
 wool, or jute butts, consigned to one consignee, arriving at 
 a port for orders, may be permitted to destine such cargo 
 or determine its disposition "for orders," upon entering 
 the vessel at the custom-house, and, within fifteen days 
 afterward and before the unloading of any part of the 
 cargo, to amend the manifest by designating the actual 
 port of discharge of such cargo: 
 
 Provided further^ That in the event of failure to desig- 
 nate the port of discharge within fifteen days such cargo 
 must be dischai'ged at the port where the vessel entered. 
 R.s.,2so,. Second. The name, description, and build of the vessel; 
 
 the true admeasurement or tonnage thereof; the port to 
 which such vessel belongs; the name of each owner, accord- 
 ing to the register of the same; and the name of the master 
 of such vessel. 
 
 Third. A just and particular account of all the merchan- 
 dise, so laden on ])oard, whether in packages or stowed 
 loose, of any kind or nature whatever, together with the 
 marks and numbers as marked on each package, and the 
 number or quantity and description of the packages in 
 words at length, whether leaguer, pipe, butt, puncheon, 
 hogshead, barrel, keg, case, bale, pack, truss, chest, l)ox, 
 band-box, bundle, parcel, cask, or package, of any kind or 
 sort, describing the same by its usual name or denomi- 
 nation. 
 
 Fourth. The names of the persons to whom such pack- 
 ages are respectively consigned, agreeably to the bills of 
 lading signed for the same, unless when the goods are 
 consigned to order, when it shall be so expressed in the 
 manifest, 
 manifest " ^ "^ " Fifth. The namcs of the several passengers on board the 
 vessel, distinguishing whether cabin or steerage passen- 
 gers, or both, with their baggage, specifying the number 
 and description of packages belonging to each respectively. 
 Sixth. An account of the sea-stores remaining, if any. 
 merchkTdl^e! °^ ^^ merchandise shall' be imported, destined to be deliv- 
 R. ,S'., 2S08. ered in different districts or ports, the quantities and pack- 
 ages so destined to be delivered shall be inserted in suc- 
 cessive order in the manifest; and all spirits and wines 
 constituting the whole or any part of the cargo of any 
 vessel shall also be inserted in successive order, distin- 
 
BUKEAU OF NAVIGATION 275 
 
 p-uisliii\n' tlu^ yiorts to which th(> same may be (h'stiiiod, and 
 the kinds, (lualities. and ([uantities thereof. 
 
 It" any merehandist^ is hrouoht into the United States in ivimity for 
 
 1 1 i- .. i" . . ""i' • 1. "ii J. r • false miuiifest. 
 
 any V(\'^s(^l whatever trom any ioreioii port witliout ha\ mo- a-. >., .'son. 
 snch a manifest on lioard, or Aviiich shall not bo ineiudcd 
 or described in the manifest, oi' shall not aurce therewith, 
 the master shall be lial)lo to a penalty C(puil to the value 
 of such merchandise not included in such manifest; and all 
 such merchandise not included in the manifest belonj>-in<>- 
 or consigned to the master, mate, officers, or crew of such 
 vessel, shall be forfeited. 
 
 Whenever it is made to appear to the satisfaction of the Lost manifests, 
 collector, naval officer, and surveyor, or to the major part '''^a>. ^•., ;.'Aio. 
 of thiMU, where those officers are established at any port, 
 01' to the satisfaction of the collector alone, where cither 
 of the other of the officers is not established, or to the 
 satisfaction of the court in which a trial shall ])e had con- 
 cerning- such forfeiture, that no part of the carjjo of any 
 vessel without proper manifests was unshipped, after it was 
 taken on ])oard, except such as shall have ])een particidarly 
 specified and accounted for in the report of the master, and 
 that the manifests have ])een lost or mislaid, without fraud 
 or collusion, or were defaced by accident, or became incor- 
 rect by mistake, no forfeiture or penalty shall be incurred 
 under the precedin<^ section. 
 
 Every master of any vessel laden with merchandise, and . insptctioTi of 
 hound to any port in the United States shall, on his arrival rests byboauung 
 within four lea,i>-ues of the coast thereof, or within any oi'^^'^^'^^-.^^^j 
 the l)ays, harbors, ports, rivers, creeks, or inlets thereof, 
 upon demand, produce the manifests in writing-, which 
 such master is recpiired to have on board his vessel, to 
 such officer of the customs as tirst comes on board his 
 vessel, for inspection, and shall deliver to such officer true 
 copies thereof, which copies shall l)e provided and sub- 
 scribed by the master, and the officer to whom the orio-inal 
 manifests have been produced shall certify upon the l)ack 
 thereof that the same were produced, and the da}' and 
 year on which the same were so produced, and that such 
 co])ies were to him delivered and ])y him examined with 
 the orio-inal manifest; and shall likewise certify upon the 
 l)ack of such copies the day and year on which the same 
 were delivered, and shall forthwith transmit such copies 
 to the respective collectors of the several districts, to 
 which the jjoods by such manifests appear respective!}' to 
 be consigned. 
 
 The master of any such vessel shall in like manner pro- Kxiubition of 
 duce to the officer of the customs who first comes on board a-. ,b„'2Si-'. 
 such vessel, upon her arrival within the limits of any col- 
 lection-district in which the cargo, or any part thereof, is 
 intended to be discharged or landed, for his inspection, 
 such manifest; and shall also deliver to him true copies 
 thereof, such copies also to be provided and subscribed by 
 the master, the production of which manifests and the 
 
276 BUREAU OF NAVIGATIOK 
 
 deliveiy of which copies shall also be certified 1)}" the 
 officer of the customs, upon the back of the original man- 
 ifests, with the particular day and yeav when such mani- 
 fests were produced to such officer, and when he so received 
 the copies thereof; and such officer is required forthwith 
 to transmit the copies of the manifest to the collector of 
 the district; and the master shall afterward deliver the 
 original manifests so certified to the collector. When any 
 manifests shall be produced, upon which there shall be no 
 certificate from any officer of the customs as Ijefore men- 
 tioned, the master producing the same shall be required 
 to make oath that no officer has applied for, and that no 
 indorsement has taken place on, any manifest of the cargo 
 of such vessel. 
 manifest*^to be "^^^^ master of any such vessel shall not be required to 
 delivered. make delivery of more than one copy of each manifest to 
 
 "-'■'" ■ the officer who shall first come on board of such vessel, 
 within four leagues of the coast of the United States, and 
 one other copy to such officer as shall first come on l)oard 
 within the limits of any collection-district, for which the 
 cargo of such vessel, or some part thereof, is destined, nor 
 to make delivery of any such copy to any other officer; but 
 it shall be sufficient, in respect to any such other officer, 
 to exhibit to him the original manifests and the certificates 
 thereupon, 
 fanure^ to^ pnv ^^ ^^c master of any vessel laden with merchandise, and 
 <i"ce manifest, bouud to any port in the United States, fails upon his 
 arrival Avithin four leagues of the coast thereof, or within 
 the limits of any collection-district, where the cargo of 
 such vessel, or au}^ part thereof, is intended to be dis- 
 charged, to produce such manifests as are heretofore 
 required, in writing, to the proper officer upon demand 
 therefor, or to deliver such copies thereof, according to the 
 directions of the preceding sections, or if he fails to give 
 an account of the true destination of the vessel, which he 
 is hereby required to do, upon request of such officer, or 
 gives a false account of such destination, in order to evade 
 the production of the manifests, the master shall for every 
 such neglect, refusal, or ofiense, be liable to a penalty of 
 not more than five hundred dollars. If any officer first 
 coming on l)oard, in each case, shall neglect or refuse to 
 certify on the back of such manifests the production 
 thereof, and the delivery of such copies respectively as 
 are directed to be delivered to such officer, such officer 
 shall })e liable to a penalty of five hundred dollars. 
 Report of offl- 'j^hc officcrs who may apph^ to the master of any such 
 .R.s.,2si5. vessel, respecting any of the provisions in the preceding 
 sections, and who shall not receive full satisfaction therein, 
 are hereby required to make a return in writing of the 
 name of the vessel and master so offending, in any or all 
 of the particulars required, as soon as possible, to the col- 
 lector of the district to which such vessel shall be consid- 
 ered to be bound. 
 
 cer 
 
BUREAU OF NAVIGATION 
 
 27V 
 
 Collectors and surveyors, respectively, may, whenever Jj^fPf^5°y^^°g^°- 
 tbov iiuU'c it to he necessary for the security of the I'eyenue, -R. «■, ^ss/,. 
 
 / •' •• . i; Ai • 4. 1 "^1 14. Mar. S. 1897. 
 
 put an uispcctor ot the customs on hoard any vessel, to {S9 ,stat., 69i.) 
 accomptuiy tiu> same until h(>r arri\al at th(> tirst port of '""<'■• ^^• 
 entry or tlelivery, in th(> district tt) which such ycssel may 
 be destined. If the master of any vessel shall neolect or 
 omit to deposit a manifest as herein prescrihed, or shall 
 refuse to receive an insi)ector of the customs on board, as 
 the case recpiires, he shall forfeit and pay tiye hundred 
 dollars, to ho r(^coyered ^vith cost of suit, one-half for the 
 use of tiie otlii-er with whom such manifest ought to have 
 been deposited, and the other half to the use of the col- 
 lector of th(^ district to Avhich such vessel may l)c hound. 
 If, howeyer, tiie manifest shall, in either of the above cases, 
 baye been previousl}- delixered to an}- officer of the cus- 
 toms, pursuant to the provisions hereinafter made in that 
 behalf, the depositing of a manifest shall not be necessary. 
 
 When any merchandise is intended to be imported f I'om ^.j^^^^^lj'T^/'^^™^^; 
 anv foreign country into th(^ port of Albany, ui)on the Hud- t'ai rorts. 
 
 soil Kiver, in New York, such merciiandise may be entered ' 
 
 at any port of entry and thereafter transported to Albany, 
 upon compliance with s(H-tions twenty-eight hundred and 
 twenty-tiye to twenty-eight hundred and tliirty-one, inclu- 
 sive. 
 
 ■ Wh(Mi any merchandise is intended to be imported from ^."^"''l^^jjP^' 
 any foreign countr}' into the port of Augusta, upon the 
 Savannah River, in Georgia, such merchandise may be 
 entered at the port of Savannah and thereafter transported, 
 either ])y the river or l)y railroad, to Augusta, upon com- 
 pliance with sections twenty-eight hundred and twent^'-tive 
 to twenty-eight hundred and thirty-one, inclusive, 
 
 When'any merchandise is intended to l)e imported from ^^^t^^^siJ^^" 
 any foreign country into the port of Falatka, upon the 
 Saint John's Kiver, in Florida, such merchandise may be 
 entered at Saint John's, and thereafter transported to 
 Pilatka upon compliance with sections twenty-eight hun- 
 di-ed and tw(>nty-fiye to twenty-eight hundred and thirty- 
 one, inclusive. 
 
 ^^'hen any merchandise is intended to be imported from ^."^^'Is'/iT''^' 
 any fonMgn country to the port of Bay port, in Florida, 
 such merchandise may be entered at Cedar Ke3's, and 
 thereafter ti'ansported to Bay port, ujwn compliance with 
 sections twenty -eight hundred and twenty-live to twenty- 
 eight hundred and thirty-one, inclusive. 
 
 When any merchandise is intended to be imported from 
 any foreign countiy into the port of Selma, u])on the Ala- 
 bama Kiver. in Alabama, such merchandise may be entered 
 at Mobile, and thereafter trans])orted to Selma, upon com- 
 pliance with sections twenty-eight hundred and twent}^- 
 tive to twentj'-eight hundred and thirty-one, inclusive. 
 
 When any merchandise is intended to he imported from 
 any foreign country into theportof Houston, upon Trinity 
 River [BuH'alo Bayou], in Texas, such merchandise maybe 
 entered at the port of Galveston and thereafter transported 
 
 Solma, Ala. 
 
 Houston, Tex. 
 
 A'. ,S'., 2S21. 
 
278 BCTREAir OF NAVIGATION 
 
 to Houston, upon compliance with sections twenty -eiglit 
 hundred and twenty-five to twenty-eight hundred and 
 thirt3^-one, inclusive. 
 its^tributlnes"*^ When an}^ merchandise is intended to be imported from 
 
 R.s.,282^. any foreign country" into either of the following ports of 
 delivery, being- ports upon the Mississippi River and its 
 tributaries, namel}^ Pittsburg, inPennsyhania; Wheeling, 
 in West Virginia; Cincinnati, in Ohio; Louisville, in Ken- 
 tucky; Saint Louis, in Missouri; Nashville, in Tennessee; 
 such merchandise may l)e entered at the port of New 
 Orleans, or at either of such ports of entry on the sea- 
 board as ma}^ be designated by the Secretary of theTreas- 
 
 ^c6- ^i. 1^03. ury, and thereafter transported to the port of deliyery for 
 
 kcio. ' '' which the same is intended, by such inland routes as the 
 Secretary of the Treasur}"^ may designate, under such rules 
 and regulations not inconsistent with law as he may pre- 
 scribe, in compliance with sections twenty-eight hundred 
 and twenty-tiyc to twenty-eight hundred and thirty-one, 
 inclusiye, and sul)ject to the forfeitures and penalties there- 
 in mentioned. 
 
 R.s.,ss23. When any merchandise is intended to l)e imported from 
 
 any foreign country into either of the following ports of 
 delivery, namely : Parkersburg, in West Virginia; Paducah, 
 in Kentucky; Saint floseph and Kansas City, in Missouri; 
 Memphis, in Tennessee, Alton, Galena, Quincy, and Cairo, 
 in Illinois; Eyansyille, New Albany, Madison, and Jeiler- 
 sonville, in Lidiana; Keokuk, Dubuque, and Burlington, 
 in Iowa; Leayenworth, in Kansas, and Omaha, in Nebraska, 
 such merchandise may be entered at the port of New 
 Orleans, and thereafter transported to the port of deliyery 
 for which the same is intended, in compliance with sec- 
 tions twenty-eight hundred and twenty-fiye to twenty -eight 
 hundred and thirty-one, inclusive, and subject to the for- 
 feitures and penalties therein mentioned, 
 left^'^at^^^'^ *cia1 '^^^ importer of any merchandise destined for any of the 
 port. ports mentioned in the eight preceding sections shall deposit 
 
 M,_w.' 3,^1897. in the custody of the suryeyor of such port of deliyery a 
 
 sJc^if"'^^^''' ■''chedule of the goods so intended to l)e imported, with an 
 estimate of their cost at the place of exportation, where- 
 upon the suryeyor shall make an estimate of the amount of 
 duties accruing on the same, and the importer or consignee 
 shall giye bond, with suliicient sureties, to be approyed by 
 the surye3^or, in double the amount of the duties so esti- 
 mated, conditioned for the payment of the duties on such 
 merchandise, ascertained as hereinafter directed; and the 
 suryeyor shall forthwith notify the collector at the port 
 of entry for the collection-district to which such port of 
 deliyery is attached, of the same, by forwarding to him a 
 copy of bond and schedule. 
 
 R. s., SSS9. ry^^^Q master or conductor of an}^ such vessel or vehicle 
 
 arriying at either of the ports named in sections twenty- 
 eight hundred and sixteen to twenty-eight hundred and 
 twenty-four, inclusiye, on board of Avhich merchandise 
 shall have been shipped at such port of entry, shall, within 
 
BUREAU OF NAVIGATION 279 
 
 cij^htoen hours next aftov the urrival, and previouslj'^ to 
 unloading any part of such nierchandi.se, deliver to the .sur- 
 veyor of 8ueli port the nianife.st of the same, certified by 
 the coUector, at the port of entry, and shall make oath 
 lioforc the surve3'or that there was not, when he departed 
 from the port of entry, any more or other merchandise on 
 hoard such boat, vessel, or vehicle so imported than is 
 therein mentioned. If the master of such ves.sel or vehicle Penalty, 
 shall neulect or refuse to deliver the manifests within the 
 time herein directed, he shall ])e liable to a penaltj^ of one 
 hundred dollars. 
 
 All vessels proceeding to the ports of Natchez or Vicks- vioksbur'^'' ""^ 
 burg from any foreign port shall stop and report their n.'s., ssk. 
 arrival at the port of New Orleans; and before an}' such 
 ves.><el shall proceed on her voyage to Natchez or Vicks- 
 l)urg the collector for the district of New Orleans shall 
 order on ])oard any such vessel a custom-hou.se officer, who 
 shall remain on board such vessel until her arrivalat Natchez 
 or A'icksburg. Such customhouse officer shall take pos- 
 session of and safely keep all the papers belonging to such * 
 ve.ssel having relation to the freight or cargo on board, 
 which papers he shall deliver to the collector at Natchez or 
 Vicksburg immediateh' after his arrival at that port; and 
 any such vessel, which shall depart from New Orleans with- 
 out such custom-house officer on board, shall be subject to 
 all the pains and penalties provided for by law^ for a viola- 
 tion of the revenue laws. 
 
 The expenses of the custom-house officer who may be ^- '^■. ^^ss. 
 put on board any such vessel bound for Natchez or Vicks- 
 burg at New Orleans, from the time of his being put on 
 board until his return to New Orleans, shall be paid by 
 the owner of such vessel. 
 
 The master of any vessel arriving wdtliin the districts Rjchmon'r^ °^ 
 of Peterslnirg or Richmond, Uiden with merchandise, ii.s.,sm. 
 belonging or consigned to per.sons resident within both the 
 districts, shall make entry of such vessel, in manner already 
 prescribed by law, with the collector of that district 
 wherein the owner or consignee, or the husband or acting- 
 manager of such vessel, shall actually reside; and the mas- 
 ter shall, at the time of making the entry, deliver a dupli- 
 cate manifest of the cargo to the collector, who.se duty it 
 shall then be to certify the same as a true copy, and to 
 transmit it to the collector of the other district, and the 
 delivery of such merchandise shall l)e authorized by per- 
 mits from the collector of each district, respectively, in 
 which the .same has been duly entered according to law. 
 No importer, owner, or con.signee of merchandise, residing 
 in either district, shall, however, be admitted to make an 
 entry of such merchandise with the collector of the district 
 in which such importer, owner, or consignee does not 
 reside. All entries, moreover, for merchandise, made by 
 agents, for per.sons residing in other districts, shall be 
 niade with the collector of the district in w'hich such vessel 
 niay discharge. 
 
280 BUREAU OF NAVIGATION 
 
 N^'^^astie^ fti?*^ Vessels owned in whole or in part in the towns of Edge- 
 
 ji. s.,25io. ' comb and Newcastle in Maine, having entered in due form 
 
 of law at the port of Wiscasset, and taken on l)oard an 
 
 officer, shall be permitted to unlade in the parts of those 
 
 towns which adjoin Sheepscut River. 
 
 ^?^^"eryorBer- Merchandise 'destined for either of the towns of Kit- 
 E.k.ssn. tery or Berwick, in Maine, may be, at the option of the 
 master of the vessel, entered and permit for the delivery 
 thereof obtained, either in the district of Portsmouth, in 
 the State of New Hampshire, or in the district of York, 
 in the State of Maine. 
 
 ^G^reenport, ^^ cargoes chargeable with duties intended for delivery 
 
 'ji.'s.,2537. at the port of Greenport, in the State of New York, shall 
 
 be entered and the duties paid at the port of Sag Har])or, 
 
 before permission shall be granted to discharge the same 
 
 at Greenport. 
 
 POT^^^efferson.*^^ ^11 merchandise chargeable with duties intended for 
 ji. ,s'., 25W. delivery at the port of Cold Spring, on the north side of 
 Long Island, in the State of New York, or at the port 
 of Port Jefferson, in that State, shall be entered and the 
 duties paid at the port of New York, before permission 
 shall be granted to discharge the same at Cold Spring or 
 Port Jefferson. 
 
 ^^Brownsville, ^|j merchandise transported in bond to the port of 
 ji^s.,25si. Brownsville from any other port of the United States, by 
 Brazos Harlior, may, on arrival in that harbor, be trans- 
 shipped under such regulations, not inconsistent with law, 
 as the Secretary of the Treasury may prescribe, in other 
 vessels for transportation by the Rio Grande to Browns- 
 ville; and all merchandise imported into the district by 
 Brazos Harbor, from any foreign countr}^ may in like man- 
 ner be transshipped to Brownsville as provided for goods, 
 wares, and merchandise transshipped in bond. 
 
 to^po^ru^and'! The mastcr of every vessel entering the Columbia River 
 
 ^^£% 2588 fi"oiii the sea, and bound for Portland, in the district of 
 Willamette, shall exhibit his papers to the collector of the 
 port of Astoria, and deposit with him a sworn copy of the 
 manifest of cargo. If the vessel is laden with domestic 
 merchandise or merchandise in bond for Portland, the col- 
 lector at Astoria shall permit her to proceed to her place of 
 destination; but if she has dutiable merchandise on board 
 not bonded, he shall cause a customs officer to proceed on 
 board the vessel to Portland, who shall see that no goods 
 are landed from such vessel before her arrival and entry 
 at the latter port. The necessary expenses, including the 
 per diem of such ofhcer and the expense of his return to 
 Astoria, shall be paid by the master of such vessel to the 
 collector of customs at Portland, for the use of the United 
 States, before permit shall be given to unload. 
 Entry at Asto- ^/j^^n a vcsscl shall arrive at Astoria, in the district of 
 E. s., 2690. Oregon, from sea, having merchandise on board for that 
 place and also for Portland, in the district of Willamette, 
 such vessel shall enter at Astoria and discharge such por- 
 
 na 
 
BUREAU OF NAVIGATION 281' 
 
 tion of lun- cargo as is destined for that place, whereupon 
 till" collector shall cause her hatches to he closed and sealed, 
 and shall then permit her to proceed to Portland in charjre 
 of a customs oflicer. 
 
 Mei-chandisc imported into the port of Louisville, and •]f'\?'"%gr"^- 
 destined for Jetl'ersonville. may be landed and warehoused 
 at Jetl'ersonville, under the custody and conti'ol of the 
 survcA'or of the port of Louisville. 
 
 Any vessel owned by or consig-iied to any person in the ^ c-j'jli^anco at 
 collection-district of Richmond, and which shall be loaded, iiichmond miii 
 in whole or in part, in the district of retersl)uro-, by such ''a'';'s.''"m/,. 
 owner or consiy'nee, may be cleared by the collector of the 
 district of Richmond, on application of the owner, con- 
 sionce, or captain of such vessel. 
 
 AH vessels clearino- from Portland, in the district of Wil- ^J^.'^Jl/,^"'^ ''"'^ 
 lamette, and bound to sea, shall, on arrival at Astoria, in a*, s., i'.w;/. 
 the district of Oregon, report to the collector; and the 
 master of every vessel so reporting- shall leave a eopy of 
 his manifest, including- uny additional cargo taken on board 
 after leaving Portland, with the collector at Astoria, and 
 thereu]:)on shall be allowed to proceed to sea. The master 
 or other person in charge or command of any vessel enter- 
 ing the Columbia River from the sea, or clearing from 
 Portland and bound to sea as described in this section, 
 who shall neglect to exhibit his papers, or to report to the 
 collector, or to deposit his manifest, as herein required, 
 shall be liable to a penalt}' of one hundred dollars. 
 
 The master or person having charge or command of any ^^^f^^ cham- 
 steamboat on Lake Champlain, when going from the I'^nited r. k, 1,20s. 
 States into the province of Quebec, ma}' deliver a manifest 
 of the cargo on board, and take a clearance from the col- 
 lector of the district through Avhich any such ])oat shall last 
 pass, when leaving the United States, without regard to 
 the place from which any such boat shall have conunenced 
 her voyage, or where her cargo shall have been taken on 
 board. 
 
 The importer, or his agent, may enter merchandise at ehandSefor™ u- 
 the port of entry for the collection-district into which itferent port of 
 is to be im])orted in the usual manner; and the collector *^ ^'^.^^C ^'s"^. 
 shall grant a permit for the landing thereof, and cause the 
 duties to ))e ascei'tained as in other cases, the goods remain- 
 ing ill the custody of the collector until reshipped for the 
 place of destination. The collector .shall certify to the 
 surveyor at such place the amount of such duties, which 
 the surveyor shall enter on the margin of the bond given 
 to secure the same; and the merchandise shall be delivered 
 b}' the collector to the agent of the importer or consignee, 
 didy authorized to receive the same, for shipment to the 
 place of destination. 
 
 The master or conductor of every vessel or vehicle in ifj^^t^tlfbe'^grve"! 
 which such merchandise shall be transported, shall, pre- to^oi^ector. 
 vioush' to departure from the port of entry, deliver to the 
 collector duplicat(>nianifests of such merchandise, specif}^- 
 ing the marks and numbers of every case, bag, box, chest. 
 
282 BUREAU OF NAVIGATION 
 
 or puckiigo, c'ontainint^ the .same, with the name niul place 
 of residence of every importer or consionee of such mer- 
 chandise, and the (luaiititv shipped to each, to ])e l)y him 
 subscribed, and to the truth of ^vhich he shall swear, and 
 that the nuM'chandise has been received on ))oard his vessel 
 or vehicle, statinj^* tiie name of the a<;"ent who shi])ped the 
 same; and the coHector sliall certify tiie facts, on the mani- 
 fests, one of Avhich he sliall I'etuni to the master, with a 
 permit thereto annexed, authori/cint:" him to proceed to the 
 place of his destination. 
 
 Penalty for nil- Jf .my yesscl or Vehicle having- sm-h merchandise on 
 ture. ' ^^"' board shall depart from the port of entry without having 
 
 R. ,s'., 2S2!i. (.()in])licd with the provisions of the preceding section, the 
 master or conductor thereof shall be liable to a penalty of 
 fi\'e hundred dollars. 
 
 Comparison ..f ^lic survcvor at the port of deliverv shall cause the 
 
 cargo and main- • i ■ . . , 
 
 fe.st. casks, bags, boxes, cliests, or j)acKages, to be mspc^cted, ana 
 
 }{. ,s., 2HS0. comi)ared with the manifests, and the same being ideiitilied 
 he shall grant a ])ermit for uidoading the same, or such j)art 
 thereof as the master or conductor shall iiMiuest; and when 
 a part only of such mei'chandise is intended to be landed 
 the surveyor shall make an indorsement on the back of the 
 manifests, designating such ])art, specifying the articles to 
 be landed, and shall return the manifests to the master or 
 conductor, indorsing (hereon his permission to such vessel 
 or vehicle to proceed to the i)lace of its destination. 
 
 enm^liuHinh^d- ''''^'' master of any st(>amsliip, trading between foreign 
 
 in},'." ports and ports in the Tnited States, and I'umiing in a 
 
 {""Uat^.'^sr'.] regularly established steamshi}) line, which line shall have 
 been in existence and running steamers in the foreign trade 
 for not less than one year previous to the applicatic^n of the 
 privilege extended by this Act, arriving in a port of entry 
 may mak(> preliminary entry of the vessel by making oath 
 or allirmation to the ti'uth of the statements contained in 
 his manifest and delivering said manifest to the customs 
 officer, who shall board said \-essel, whereupon the uidad- 
 ing of such vessel may ])roc(M'd upon arrixal at the wharf, 
 under such regulations as the Secretary of the 'Pi'easury 
 shall pivscribe, but nothing in this Act shall relieve the 
 master of any vessel from subsecjuent compliance with the 
 provisions of existing laws regarding the report and entry 
 of vessels at thl^ custom house, (.'ustoms olHcei's acting as 
 boarding ollicers, and any customs officer who may be desig- 
 nated for that purpose by tlu> collector of th(> ])<)rt. aie 
 hereby authorized to administer tlu^ oath or aliii'mation 
 h(M"eiii ])r()vided for. 
 K'^tensioii ii. 'Pheprox isionsof the Act of dune lifth, eighteen humlred 
 
 uawnii. aud iiinety-four, entitled "An Act to facilitate Ihe entry of 
 
 f^/'.s7«/./x''w.') steamshij)s,'"' are hereby (>xtended to steamships engaged in 
 
 trading between ports of Poi'to Kico and the 'i'erritory of 
 
 Hawaii and those of the Tnited States. 
 
 niiK'ii miia.i- If after the arrival of any vessel laden with merchandise 
 
 "\s.,:'s,;7. and bound (o the United States, within the limits of any 
 colleilion-district, or within four leagues of the coast, any 
 
BUREAU OF NAVIGATION 283 
 
 part of tho carg-o of Mich vessel shall l)o iiiilacloii, for an}" 
 purpose whate\er, hcfore such vessel has conic to the 
 })ropcr place for the discharge of her cargo, or sonic part 
 thereof, and has been there duly authorized b}- the proper 
 officer of the customs to unlade the same, the master of 
 sucliA'essel and the mate, or other person next in command, p^naitv for ii- 
 shall respectively be liabh» to a penalty of one thousand ii^^K'>i'"i'fafii"K- 
 dolhirs for each such otlense. and tlic merchandise so un- 
 laden shall be forfeited, except in case of some unavoid- ^ . 
 al)le accident, necessity, or distress of "weather. In case 
 of such unavoidable accident, necessity, or distress, the 
 master of such vessel shall give notice to, and, tooetlier 
 with two or more of the officers or marines on board such 
 vessel, of whom the mate or other person next in command 
 shall be one, shall make pi-oof upon oath before the col- 
 lector, or other chief officer of the customs of tiie district, 
 within the limits of which such accident, necessity, or dis- 
 tress happened, or l)efore the collectoi", or other chief 
 officer of the collection-district, within the limits of which 
 such vessel shall first aft(M-wai'd arrive, if the accident, 
 necessity, or distress happened not within the limits of 
 ;iiny district, but within four leagues of the coast of the 
 United States. The collector, or other chief officer, is 
 hereby authorized and required to administer such oath. 
 
 If any merchandise", so unladen from on board aiiv ^^^'i^ ceivh?g%oaii^^' 
 vessel, shall be put or received into any other vessel, except -^'- •''■. ~*'s. 
 in the case of such accident, necessitv, or distress, to be 
 •so notified and proved, th(^ master of any such vessel into 
 which the merchandise shall be so put and received, and 
 ever}' other person aiding and assisting therein, shall be 
 lial^le to a penalt\' of treble the value of the merchandise, 
 and the vessel in which the}- shall be so put shall be 
 forfeited. 
 
 Except as authorized by the preceding section, no mer- fjj/^"''^'^'"*^ ^^ 
 chandise l)rought in any vessel from any foreign port shall a-. s.,2S7'^. 
 be unladen or didivcred from such vessel within the United 
 States l)ut in open day — that is to say, between the rising 
 and the setting of the sun — except by special license from 
 the collector of the port, and naval officer of the same, 
 where there is one, for that purpose, nor at any time with- 
 out a permit from the collector, and naval officer, if any, 
 for such unlading or delivery. 
 
 ^Vhcn the license to unload between the setting and ^^ j™'^*^'"^ ''>' 
 risino- of the sun is granted to a sailing vessel under this .nm, x.issi,. 
 
 ,.*' -• 1 ^x- 1 II 4-- { J.! Slat., 59.) 
 
 section, a nxed, uniform, and reasonable compensation .sv,. -5. 
 may be allowed to the inspector or inspectors for service 
 between the setting and rising of the sun, under such 
 regulations as the Secretary of .the Treasury may pre- 
 scribe, to be received by the collector from the master, 
 owner, or consignee of the vessel, and to be paid by him 
 to the inspector or inspectors. 
 
 If any merchandise shall be unladen or delivered from ,J^F^jJ'',|yJ;]y,'j^; 
 anv vessel contrary to the pi'cceding section, the master of J?. >., 2S7s. 
 such vessel, and every other person who shall kuowiugly 
 
284 BUEEAU OF NAVIGATION 
 
 be concerned, or aiding therein, or in removing, storing, or 
 otherwise securing such merchandise, shall each be liable 
 to a penalty of four hundred dollars for each ojffense, and 
 shall be disabled from holding an}^ office of trust or profit 
 under the United States, for a term not exceeding seven 
 years; and the collector of the district shall advertise the 
 name of such person in a newspaper printed in the State " 
 in which he resides, within twenty days after each respec- 
 tive conviction. 
 
 Forfeiture. w\ merchandise, so unladen or delivered contrary to the 
 
 provisions of section twenty -eight hundred and seventj^- 
 two, shall become forfeited, and may be seized by any of the 
 officers of the customs; and where the value thereof, accord- 
 ing to the highest market price of the same, at the port or 
 district where landed, shall amount to four hundred dollars, 
 the vessel, tackle, apparel, and furniture shall be subject 
 to like forfeiture and seizure. 
 
 Inspectors' du- No inspector shall perform any other duties or service 
 
 ji.s.,h7s. on Ijoard any vessel, the superintendence of which is com- 
 mitted to him, for any person whatever, other than what 
 is required by this Title [R. S., 2517-3129], under the 
 penalty of being disabled from acting any longer as an 
 inspector of the customs; the wages or compensation of 
 such inspector as may proceed from one district to another, 
 shall l)e defrayed b^^the master of the vessel committed to 
 his care; every inspector or other officer of the revenue, 
 while performing any duty on board any vessel, not in a 
 port of the United States, discharging her cargo, shall l)e 
 entitled to receive from the master of such vessel such 
 provisions and accommodations as are usually supplied to 
 passengers, or as the state and condition of such vessel 
 will admit, on receiving therefor fifty cents a day; and 
 any master of any vessel who shall refuse such provisions 
 and reasonable accommodations shall be liable to a penalty 
 of one hundred dollars. 
 (\wu^r>eclm?^^ If, by reason of the delivery of the cargo in several dis- 
 
 A'. .s, .w!/. ■ tricts, more than the term allowed by law shall in the 
 whole be spent therein, the wages or compensation of the 
 inspector who may be employed on board of any vessel, in 
 respect to which such term may be so exceeded, shall, for 
 every day of such excess, be paid by the master or owner; 
 and the inspector shall, previously to the clearance of the 
 vessel, render an exact account to the collector of all such 
 compensation as has been paid, or is due and payal^le by 
 the master or owner. 
 
 Tiispeetor to The iuspcctor who may l)c put on board of any vessel 
 
 lock liatches.etf. in i_>j. /• i • '• 4-^ 
 
 U.S., 3070. shall secure, after sunset in each evening, or previous to 
 his quitting the vessel, the hatches and other communica- 
 tions with the hold of such vessel, or any other part thereof 
 he may judge necessary, with locks or other proper fasten- 
 ings, which locks or other fastenings shall not be opened, 
 broken, or removed until the morning following, or after 
 the rising of the sun, and in the presence of the inspector 
 by whom the same were affixed, except by special license 
 
BUREAU OF NAVIGATION 285 
 
 from the collootor of tho port, and the naval officer, if any, 
 first ol)tained. If the locks or other fastenings, or any of 
 tiieni, are broken or removed contrary to this section, or if 
 any merchandise or packaovs are clandestinely landed, 
 notire tliereof sliall be innnediately given ])y the inspector 
 to the coUector and naval officer, if any, of the port where 
 the vessel may be; and the master of such vessel shall, for 
 each or every such otfcnse, be liable to a penalty of five 
 hundred doUars. 
 
 Whenever any merchandise shall be imported into any Limit of time 
 port of the United States from any foreign port, in an}' ves- ^°5?"S'*^^s"(f' 
 sel, at the expiration of ten working days if the vessel is Maykisok 
 less than five hundred tons register, and Avithin fifteen work- '" '' ^^^ 
 
 ing days if it is of five hundred tons register and less than 
 one thousand, and within twenty working days if it is of 
 one thousand tons register and less than fifteen hundred, 
 and within twenty-five working days if it is of fifteen hun- 
 dred tons register and upward, not including legal holi- 
 days and days when the condition of the weather prevents 
 the unlading of the vessel with safet}' to its cargo, after 
 the time within which the report of the master of any ves- 
 sel is required to be made to the collector of the district, 
 if there is found any merchandise other than has been 
 reported for some other district or some foreign port, the 
 collector shall take possession thereof; but with the con- 
 sent of the owner or consignee of any merchandise, or with 
 the consent of the owner or master of the vessel in which 
 the same may l>e imported, the merchandise may be taken 
 possession of by the collector after one day's notice to the 
 collector of the district. All merchandise so taken shall 
 be delivered pursuant to the order of the collector of the 
 district, for which a certificate or receipt shall l)e granted. 
 
 The limitation of time for luilading, prescribed by the Extension of 
 preceding section, shall not extend to vessels laden exclu-time- 
 
 1 , ^^ 7 ^ * . /? iS 2SS1 
 
 sively with coal, salt, sugar, hides, d^ewoods, wool, or jute jimes. isn. 
 l)utts, consigned to one consignee, arriving at a port for £c.'f."'''*^'^ 
 orders; but if the master of any such vessel requires a 
 longer time to discharge her cargo, the wages or compen- 
 sation of the inspector, for every day's attendance exceed- 
 ing the number of days allowed by law, shall be paid by 
 the master or owner; and thereupon the collector is hereby 
 authorized and recjuired to allow such longer time, not 
 exceeding fifteen days. 
 
 All merchandise of which the collector shall take pos- r.s.,s969. 
 session under the provisions relating to the time for the 
 discharge of a vessel's cargo shall be kept with due and 
 reasonable care at the charge and risk of the owner. 
 
 Every permit for the unlading of spirits, wines, or any unlading of 
 part thereof, shall, previous to such landing or unlading ^t's"^^ ''"^ *'''''^' 
 thereof, be produced to the officer of inspection, who shall ^- •*'■• ~^^^- 
 record or register in proper books the contents thereof, 
 and shall indorse thereupon the word "Inspected," the 
 time when, and his own name; after which he shall return 
 the permit to the person by whom it was produced, and 
 
286 BUEEAU OF NAVIGATION 
 
 then, and not otherwise, it shall bo lawful to land the 
 spirits, or wines, therein specified; and if spirits or wines 
 shall be landed without such indorsement upon the permit 
 granted for that purpose, the master of the vessel from 
 which the same shall have been so landed shall for every 
 such offense be liable to a penalty of five hundred dollars, 
 and the spirits or wines so huided shall be forfeited. 
 Penalty and If au}" packago whatcvcr which has been so reported is 
 ^'^R.l\!'2ss7. wanting, and not found on board such vessel, or if the mer- 
 chandise on board such vessel does not otherwise agree 
 with the report or manifest delivered by the master of any 
 such vessel, in every such case the master shall be liable to 
 a penalty of five hundred dollars; except that if it is made 
 to appear to the satisfaction of the collector, naval officer, 
 and surveyor, or to the major part of them where those 
 officers are established at any port, or to the satisfaction 
 of the collector alone where neither of the others is estab- 
 lished, or in case of trial for the penaltv, to the satisfac- 
 tion of the court, that no part whatever of merchandise of 
 such vessel has been unshipped, landed, or unladen since 
 it was taken on board, except as specified in the report or 
 manifest, and pursuant to permits, or that the disagree- 
 ment is by accident or mistake, in such case the penalty 
 shall not be inflicted. But in all such cases the master of 
 any vessel shall be required and shall make a post entry or 
 addition to the report or manifest by him delivered of any 
 and all merchandise omitted to be included and reported 
 in such manifest; and it shall not be lawful to grant a per- 
 mit to unlade any such merchandise so omitted l)efore such 
 post entry or addition to such report or manifest has been 
 made. 
 Vessels in dis- H au}^ vosscl f rom au}' foreign port, compelled by dis- 
 ^^i^'s., 2S91. tress of weather, or other necessit}-, shall put into any port 
 of the United States, not being destined for the same, the 
 master, together with the mate or person next in command, 
 may, within twenty-four hours after her arrival, make 
 protest in the usual form upon oath, Ijefore a notary pub- 
 lic or other person duly authorized, or before the collector 
 of the district where tlie vessel arrives, setting forth the 
 cause or circumstances of such distress or necessit3\ Such 
 protest, if not made before the collector, shall ))e produced 
 to him and to the naval officer, if any, and a copy thereof 
 lodged with him or them. The master shall also, within 
 forty-eight hours after such arrival, make report in writing 
 to the collector, of the vessel and her cargo, as is directed 
 hereby to be done in other cases. And if it appear to the 
 collector, by the certificate of the wardens of the port, or 
 other oflicers usually charged wth, and accustomed to 
 ascertam the condition of vessels arriving in distress, if 
 any, oi by the certificate of two reputable merchants, to 
 be named for that purpose by the collector, if there are no 
 such wardens, or other officers duly qualified, that there 
 is a necessity for unlading the vessel, the collector and 
 naval officer, if any, shall grant a permit for that purpose. 
 
BUREAU OF NAVIOATIUN 287 
 
 and shall appoint an inspector to ovcvsoc such uiiliulinti-, 
 who shall keep an account of the same, to bo compared with 
 the rci)ort nia(U> l>v tiu^ master of the vessel. 
 
 All merchandise* so unladen from any vessel arrivino- in carKo of vessel 
 distress sliall he stored under the ilirection of the collector, ''' ^^^^'^^i^., 
 who, upon re(piest of the master of such vessel, or of the 
 owner thereof, shall, to^-ether with the naval officer, where 
 there is one, and alone where there is none, grant permis- 
 sion to dispose of such i)art of the car^-o as may be of a 
 perishable nature, if any there be, or as may be necessary 
 to d(d'ray the expenses attending- .such vessel and her cargo. 
 Hut entiy shall be made therefor, and the duties paid. 
 
 In case the delivery of the cargo does not agree with the a-, .s., ctss. 
 rei)ort thereof, made ])v the master of such vessel so arriv- 
 ing in distress, and if the ditl'erenco or disagreement is not 
 satisfactorily accounted for in manner prescribed by this 
 Titlfe |R. S.,' 251T-3129], the master of such yessel shall be 
 liable to such penalties as in other like cases are prescribed. 
 
 The merchandise, or the remainder thereof, which shall ^''- •'^- ~'''«-i- 
 not l)e disposed of, may be reladen on board the vessel so 
 arriving in distress, under the inspection of the officer who 
 superintended the landing thereof, or other proper person; 
 and the vessel may proceed with the same to the place of 
 her destination, free from any other charge than for the 
 storing and safe-keeping of the merchandise, and fees to 
 the officers of the customs as in other cases. 
 
 ^Mienever any Spanish vessel shall arrive in distress, in . Spanish vessel 
 any port of the United States, ha\ing l)oen damaged on the "V^^llss. 
 coasts or within the limits of the United States, and her 
 cargo shall have ])een unladen, in conformity with the pro- 
 visions of the four preceding sections, the cargo, or any 
 part thereof, may, if the vessel should be condemned as not 
 seaworthy, or be deemed incapable of performing her 
 original voyage, afterward be reladen on board any other 
 vessel luider the inspection of the officer Avho superintended 
 the landing thereof, or other proper person. No duties, 
 charges, or fees whatever, shall be paid on such part of 
 the cargo as may be reladen and carried away, either in 
 the vessel in which it was originally imported, or in any 
 other. 
 
 AVhen a yessel is prevented b}^ ice from getting to the .o'^'^tructionby 
 port or place at which her cargo is intended to be delivered, b. s., zsog. 
 the collector of the district in W' hich such yessel may be 
 obstructed may receive the report and entry of such yes- 
 sel, and, with the consent of the naval officer, where there 
 is one, grant ]MM'mits for unlading or landing the merchan- 
 dise imported in such vessel, at any place within his dis- 
 trict, most convenient and proper. The report and entry 
 of such vessel, and her cargo, or an}- part thereof, and all 
 persons concerned therein, shall be sul)ject to the same 
 regulations and penalties as if the vessel had arrived at the 
 port of her destination, and had there proceeded to the 
 delivery of her cargo. 
 
B.S., 
 
 {22 Stat., 1S6.) 
 
 288 BUKEAU OF. NAVIGATION 
 
 movaiT/bonded ^"^ persoii maliclouslj^ opening, breaking, or entering 
 merchandise, by any means whatever, any car, vessel, vehicle, warehouse, 
 or package containing any such merchandise so deli vered for 
 transportation, or removing, injuring, breaking, ordefacing 
 any lock or seal placed upon such car, vessel, vehicle, ware- 
 bouse, or package, or aiding, abetting, or encouraging any 
 other person or persons so to remove, break, injure, or deface 
 such locks or seals, or to open, break, or enter such car, 
 vessel, or vehicle, with intent to remove or cause to be 
 removed unlawf uU}' an}" merchandise therein, or in an}' man- 
 ner to injure or defraud the United States; and any person 
 receiving any merchandise unlawfully removed from any 
 such car, vessel, or vehicle, knowing it to have been so 
 unlawfully removed, shall be guilty of felony, and in addi- 
 tion to any penalties heretofore prescribed shall be punish- 
 able by imprisonment for not less than six months nor more 
 than two years. 
 
 PASSENGERS 
 
 tiOTs*'"™™'"'" ^^ shall not be lawful for the master of a steamship or 
 Aug. 2, 18S2. otlicr vcsscl whcrcou emig-rant passengers, or i)asseno-ers 
 other than cabin passengers, have been taken at any port 
 or place in a foreign country or dominion (ports and places 
 in foreign territory contiguous to the United States ex- 
 cepted) to bring such vessel and passengers to any port or 
 place in the United States unless the compartments, spaces, 
 and accommodations hereinafter mentioned have been 
 provided, allotted, maintained, and used for and by such 
 passengers during the entire voyage; that is to say, in a 
 steamship, the compartments or spaces, unobstructed by 
 cargo, stores, or goods, shall be of sufficient dimensions to 
 allow for each and every passenger carried or brought 
 therein one hundred cubic feet, if the compartment or space 
 is located on the main deck or on the lirst deck next below 
 the main deck of the vessel, and one hundred and twenty 
 cubic feet for each passenger carried or brought therein if 
 the compartment or space is located on the second deck 
 below the main deck of the vessel; and it shall not be law- 
 ful to carry or bring passengers on any deck other than the 
 decks above mentioned. And in sailing-vessels such pas- 
 sengers shall l)e carried or brought only on the deck (not 
 being an orlop deck) that is next below the main deck of the 
 vessel, or in a poop or deck-house constructed on the main 
 deck; and the compartment or space, unobstructed by cargo, 
 stores, or goods, shall be of sufficient dimensions to allow 
 one hundred and ten cubic feet for each and every passenger 
 brought therein. And such passengers shall not be carried 
 or brought in any between-decks, nor in any compartment, 
 space, poop, or deck-house, the height of which from deck to 
 deck is less than six feet. I n computing the number of such 
 passengers carried or brought iu any vessel, children under 
 
BUREAU (»K NAVIGATION 289 
 
 OIK' vctir oi ago sluill not be included, luid two children 
 betAveen one and eight years of age shall be counted as one 
 passenger; and any i)erson ])rought in such vessel who 
 shall have been, during the voyage, taken from any other 
 vessel wrecked or in distress on the high seas, or have l)een 
 picked up at sea from any boat, raft, or otherwise, shall not 
 be included in such computation. The master of a vessel 
 coming to a port or place in the United States in violation 
 of either of the provisions of this section shall be deemed 
 guilty of a misd(>meanor; and if the number of passengers 
 other than cabin passengers carried or brought in the vessel, 
 or in any compartment, sjjace, poop, or deck-house thereof, 
 is greater than the number allowed to l)e carried or brought 
 therein, respectively, as hereinbefore prescribed, the said 
 master shall be lined tifty dollars for each and everv passen- 
 ger in excess of the i)roper numl^er, and ma}" also be 
 imprisoned not exceeding six months. 
 
 In every such steamship or other vessei tnere shall be a '^^J^^'^- 
 sutticient number of berths for the proper accommodation 
 as hereinafter provided, of all such passengers. There 
 shall not be on any deck nor in an}' compartment or space 
 occupied by such passengers more than two tiers of berths. 
 The berths shall be properly constructed, and be separated 
 from each other l)v partitions, as lierths ordinaril}- are sep- 
 arated, and each berth shall be at least two feet in width 
 and six feet in length: and the interval l)etween the floor 
 or lowest part of the lower tier of })erths and the deck 
 beneath them shall not be less than six inches, nor the 
 interval l)etween each tier of berths, and the interval 
 between the uppermost tier and the deck above it, less than 
 two feet six inches; and each berth shall be occupied by 
 not more than one passenger over eight years of age; but 
 double berths of twice the a))ove-mentioned width may be 
 provided, each double berth to i)e occupied by no more 
 and Ijy none other than two women, or by one woman and 
 two children under the age of eight years, or by husband 
 and wife, or by a man and two of his own children under 
 the age of eight rears, or by two men personally acquainted 
 with each other. All the male passengers upwards of four- 
 teen years of age who do not occupy berths w^ith their wives 
 shall be berthed in the fore part of the vessel, in a com- 
 partment divided ofi' from the space or spaces appropriated 
 to the other i)assengers by a substantial and well-secured 
 bulkhead; andiunnarried female passengers shall be berthed 
 in a compartment separated from the s[)aces occupied by 
 other passengers by a substantial and well-constructed 
 bulkhead, the opening or conununication from which to an 
 adjoining passenger space shall be so constructed that it can 
 be closed and secured. Families, however, shall not be 
 sepai-ated except with their consent. Each bei'th shall be 
 numbered sei'ially, on the outside ])erth-board, according 
 to the number of passengers that may lawfulh' occupy the 
 l)erth; and the ])erths occupied by such passengers shall 
 not be removed or taken down mitil the expiration of 
 
 27628—04 19 
 
290 BUREAU OF NAVIGATION 
 
 twelve hours from the time of entiy, unless previously 
 inspected within a shorter period. For any violation of 
 either of the provisions of this section the master of the 
 vessel shall be liable to a fine of live dollars for each pas- 
 senger carried or brought on the vessel. 
 Light and air. Evcry sucli steamship or other vessel shall have ade- 
 scc.s. fjuate provisions for affording light and air to the passen- 
 
 ger-decks and to the compartments and spaces occui^ied by 
 such passengers, and with adequate means and appliances 
 for ventilating the said compartments and spaces. To 
 compartments having sufficient space for lifty or more of 
 such passengers at least two A'entilators, each not less than 
 twelve inches in diameter, shall be provided, one of which 
 ventilators shall be inserted in the forward pai't of the com- 
 partment, and tlie other in the after part thereof, and shall 
 be so constructed as to ventilate the compartment; and 
 additional ventilators shall be provided for each compart- 
 ment in the proportion of two ventilators for each addi- 
 tional fifty of such passengers carried or brought in the 
 compartment. All ventilators shall ])e carried at least six 
 feet above the uppermost deck of the vessel, and shall l)e 
 of the most approved form and construction. In any steam- 
 ship the \entilating apparatus provided, or any method of 
 ventilation adopted thereon, which has been approved by 
 the proper emigration officers at the port or place from 
 which said vessel was cleared, shall be deemed a compli- 
 ance with the foregoing provisions; and in all vessels 
 carrying or Ijringing such passengers there shall be prop- 
 erly-constructed hatchways over the compartments or 
 spaces occupied by such passengers, which hatchway shall 
 be properly covered with houses or boo))}' hatches, and the 
 combings or sills of which shall rise at least six inches 
 above the deck; and there shall be proper companion-ways 
 or ladders from each hatchwa}^ leading to the compart- 
 ments or spaces occupied by such passengers; and the said 
 companion-ways or ladders shall be securely constructed, 
 and be provided with hand-i'ails or strong rope, and, when 
 the weather will permit, such passengeriB shall have the 
 use of each hatchway situated over the compartnuMits or 
 spaces apj)ropriated to their use; and every vessel carrying 
 or bringing such passengers shall have a properly located 
 and constructed caboose and cooking-range, or other cook- 
 ing apparatus, the dimensions and capacity of which shril 
 be sufficient to provide for properly cooking and preparing 
 the food of all such passengers. In every vessel carrying 
 or bringing such passengers there shall be at least two 
 Closets. water-closets or privies, and an additional water-closet or 
 
 privy for every one hundred male passengers on board, for 
 the exclusive use of such male passengers, and an addi- 
 tional water-closet or privy for e\erv fifty female passen- 
 gers on board, for the exclusive use of the female passen- 
 gers and young children on board. The aforesaid water- 
 closets and privies shall ])e properly enclosed and located 
 on each side of the vessel, and shall be separated from 
 
BUREAU OF NAVIGATION 291 
 
 nasson^crs' spaces l)y suhstaiitiiil iiiid propc'rly-coiistnu'ted 
 ]iai"titi()iis or hulklieiuls; and the water-closets and i)rivies 
 shall he kept and iiiaiiitaiiied in a servicable and cli>anly 
 condition throughout the voya^-e. For any violation of 
 cither of the provisions of this section, or for any neolect 
 to conform to the re(|uirenients thereof, the master of the 
 vessel shall he liahle to a penalty not exceeding* two hun- 
 dred and fifty dollars. 
 
 An allowance of oood, wh()lesom(\ and proper food, with ^^^,- 
 a ri'ast)nal)le quantity of fnvsh i)r()visions, which food shall 
 he eciual in value to one and a half navy rations of the 
 United States, and of fresh water, not less than four quarts 
 j)er day, shall ))e furnished each of such passeng-ers. Three 
 meals shall be served daily, at regular and stated hours, 
 of which hours sufficient notice shall be given. If any 
 such passengers shall at any time during the vo3"age be 
 put on short allowance for food and w-ater, the master of 
 the vessel shall pay to each passenger three dollars for 
 each and every day the passenger may have been put on 
 short allowance, except in case of accidents, where the 
 captain is ol)liged to put the passengers on short allow- 
 ance. Mothers with infants and young children shall be 
 furnished the necessary quantity of wholesome milk or 
 condensed milk for the sustenance of the latter. Tables 
 and seats shall be provided for the use of passengers at 
 regular meals. And for every willful violation of any of 
 the provisions of this section the master of the vessel shall 
 he deemed guilty of a misdemeanor and shall be fined not 
 more than five hundred dollars, and be imprisoned for a 
 term not exceeding six months. The enforcement of this 
 j)enalty, however, shall not affect the civil responsibility 
 of the master and owners of the vessel to such pass(>ngers 
 as may have sufi'ered from any neglig"ence, breach of con- 
 tract, or default on the pai"t of such master and owners. 
 
 In every such steamship or other vessel there shall be Medical at- 
 properly built and secured, or divided oti' from other spaces, "^^Isec*"?*^' 
 two compartments or spaces to bo used exclusively as 
 hospitals for such passengers, one for men and the other 
 for women. The hospitals shall bo located in a space not 
 below the deck next below the main deck of the vessel. 
 The hospital spaces shall in no case be less than in the pro- 
 portion of eighteen clear superficial feet for every fifty such 
 ])assengcrs who are carried or brought on the vessel, and 
 such hospitals shall ))(> supplied with proper beds, bedding", 
 and utensils, and be kept so supplied throughout the voy- 
 age. And every steamship or other vessel carrying or 
 bringing emigrant passengers, or passengers other than 
 cabin passengers, exceeding fifty in luunber, shall carry a 
 duly qualified and competent surg-eon or medical practi- 
 tioner, who shall b(^ rated as such in the ship's articles, and 
 who shall be provided w ith surgical instruments, medical 
 comforts, and medicines proper and iKH-essary foi- (lis(>ases 
 and accidents incident to sea-voyages, and for the proper 
 
292 BUREAU OF NAVIGATION 
 
 medical treatment of such passengers durino- the v^oya.i?e, 
 and with such articles of food and nourishment as may be 
 proper and necessary for preserving the health of infants 
 and young- children; and the services of such surgeon or 
 medical practitioner shall be promptly given, in any case 
 of sickness or disease, to any of the passengers, or to any 
 infant or young child of any such passengers, who ma}^ 
 need his services. For a violation of either of the provi- 
 sions of this section the master of the vessel shall be lialtle 
 to a penalty not exceeding two hundred and tifty dollars. 
 
 Discipline and The master of every such steamship or other vessel is 
 ^^'iiug^^l^^ss. authorized to maintain good discipline and such habits of 
 
 {n Stat, 188.) cleanliness among such passengers as will tend to the 
 preservation and promotion of health, and to that end he 
 shall cause such regulations as he may adopt for such pur- 
 pose to be posted up on board the vessel, in a place or 
 places accessible to such passengers, and shall keep the 
 same so posted up during the vo3'age. The said master 
 shall cause the compartments and spaces provided for, or 
 occupied by, such passengers to be kept at all times in a 
 clean and healthy condition, and to be, as often as may Ije 
 necessary, disinfected with chloride of lime, or by some 
 other equally efficient disinfectant. Whenever the state of 
 the weather will permit, such passengers and their bedding 
 shall be nuistered on deck, and a clear and sufficient space 
 on the main or any upper deck of the vessel shall be set 
 apart, and so kept, for the use and exercise of such passen- 
 gers during the voyage. For each neglect or violation of 
 any of the provisions of this section the master of the vessel 
 shall be liable to a penalty not exceeding two hundred and 
 fifty dollars. 
 
 Privacy of pas- Neither the officers, seamen, nor other persons employed 
 
 Sec. 7'. on any such steamship or other vessel shall visit or fre- 
 
 quent any part of the vessel provided or assigned to the 
 use of such passengers, except by the direction or permis- 
 sion of the master of such vessel first made or given for 
 such purpose; and every officer, seaman, or other person 
 employed on board of such vessel who shall violate the 
 provisions of this section shall be deemed guilty of a mis- 
 demeanor, and may be fined not exceeding one hundred 
 dollars, and be imprisoned not exceeding twenty days, for 
 each violation; and the master of such vessel who directs 
 ^or permits any officer, seaman, or other person employed 
 on board the vessel to visit or frequent anv part of the 
 vessel provided for or assigned to the use of such passen- 
 gers, or the compartments or spaces occupied by such 
 passengers, except for the purpose of doing or performing 
 some necessary act or duty as an officer, seaman, or other 
 person employ (^d on ])oai'd of the vessel, shall be deemed 
 guilty of a misdemeanor, and may be fined not more than 
 one hundred dollars for each time he directs or permits 
 the provisions of this section to be violated. A copy of 
 this section, written or printed in the language or princi- 
 
BTTREATT OF NAVIGATION 293 
 
 I»k1 l:m*:u;iu(\s of tlio ])ass(Mio-ors on l)oard, sluill, by or 
 iiiulcr the diroction of tlu> iii!isl«'r of thr vessel, bo [)ostod 
 ill a ("onspic'uou.s place on the forecastle and in the several 
 parts of the vessel i)rovided and assio-ned for the use of 
 such ])asseniiers, and in each compartment or space occu- 
 pied 1)V such passengers, and the same shall he kept so 
 posted durinii' the vovacv; and if the said master iieulects 
 so to do, he shall he di^emed j^-uilty of a misdemeanor, and 
 shall he fined not more than one hundriMl dollars. 
 
 It siiall not he lawful to take, carry, or have on hoardof^g^'^jf^P'""'^' «'■'': 
 any such steamship or other vessel any nitro-glycerine, .svc.'s. 
 dynamite, or any other explosi\ c article or compound, nor 
 any vitriol or like acids, nor gunpowder, except for the 
 ship's use, nor any article or number of articles, whether 
 as a cargo or ballast, which, by reason of the nature or 
 (juantity or mode of storage thereof, shall, either singly or 
 collectively, l)e likely to endanger the health or lives of 
 the passengers or the safetv of the vessel, and horses, 
 cattle, or other animals taken on })oard of or brought in 
 any such ves.-^el shall not l)e carried on any deck below the 
 deck on which passengers are berthed, nor in any com- 
 partment in which passengers are berthed, nor in an}" 
 adjoining compartment except in a vessel built of iron, 
 and of which the compartments are divided off b}- water- 
 tight ])ulkheads extending to the upper deck. For every 
 violation of any of the provisions of this section the mas- 
 ter of the vessel shall be deemed guilty of a misdemeanor, 
 and shall be fined not exceeding one thousand dollars, and 
 be imprisoned for a period not exceeding one year. 
 
 It shall not be lawful for the master of any such steam- ^^^^^^^^'^^^ ^ex- 
 ship or other vessel, not in distress, after the arrival of the shipboard. 
 vessel within any collection district of the Cnited States, *''"^' 
 to allow an}^ person or persons, except a pilot, officer of the 
 customs, or health ofhcer, agents of the vessel, and consuls, 
 to come on board of the vessel, oV to leave the vessel, until 
 the vessel has been taken in charge by an officer of the 
 customs, nor, after charge so taken, without leave of such 
 officer, until all the passengers, with their baggage, have 
 V)een duly landed from the vessel; and on the arrival of 
 any such steamship or other vessel within any collection 
 district of the United States, the master thereof shall 
 deliver to the officer of customs who first comes on board 
 the vessel and makes demand therefor a correct list, signed Passenger list. 
 by the master, of all the passengers taken on board the 
 vessel at any foreign port or place, specifying separately 
 the names of the cabin passengers, their age, sex, calling, 
 and the country of -which they are citizens, and the num- 
 ber of pieces of baggage belonging to each passenger, and 
 also the name, age, sex, calling, and native country of each ^"'\}%^'^%g 
 emigrant passenger, or passengers other than cabin pas- scc.'ie." 
 sengers, and their intended destination or location, and the 
 nunil)er of pieces of ])aggage belonging to each passenger, 
 and also the location of the compartment or space occupied 
 
294 BUREAU OF NAVIGATION 
 
 by each of .such passengers dnrino- the voyage; and if any 
 of such passengers died on the Aoyage, the said list shall 
 specify the name, age, and cause of death of each deceased 
 passenger; and a duplicate of the aforesaid list of passen- 
 gers, verified l)y the oath of the master, shall, with the 
 manifest of the cargo, l)e delivered by the master to the 
 collector of customs on the entry of the vessel. For a vio- 
 lation of either of the provisions of this section, or for per- 
 mitting or neglecting to prevent a violation thereof, the 
 master of the vessel shall be liable to a fine not exceeding 
 one thousand dollars, 
 pa^seifgirr*^ "^ Each and every collector of customs to whom shall be 
 May 7. 187U. delivered the manifests or lists of passengers prescribed 
 Feb'^Tl'ioos. by the twelfth section of the act aforesaid, approved March 
 slc'^io''*^^'^ third, eighteen hundred and fifty-live, shall make returns 
 from such manifests or lists of passengers to the Secretary 
 of Commerce and Labor of the United States, in such 
 manner as shall ])e prescribed by that officer, under whose 
 direction statements of the same shall be prepared and 
 published. 
 Death of pas- j^ case there shall have occurred on board any such 
 Aug.'^s, 1SS2. steamship or other vessel any death among such passengers 
 ^ec^if." ^' ' '^ during the voyage, the master or consignees of the vessel 
 shall, within forty-eight hours after the arrival of the ves- 
 sel within a collection district of the United States, or 
 within twenty-four hours after the entr}^ of the vessel, 
 pay to the collector of customs of such district the sum of 
 ten dollars for each and every such passenger above the 
 age of eight years who shall have died on the voyage by 
 natural disease; and the master or consignees of any ves- 
 sel who neglect or refuse to pay such collector, within the 
 times hereinbefore prescribed, the sums of money afore- 
 said, shall be liable to a penalty of fifty dollars in addition 
 to the sum required to be paid as aforesrid for each pas- 
 senger whose death occurred on the vo3^age. All sums of 
 money paid to any coUector under the provisions of this 
 section shall ])e ])y him paid into the Treasury of the United 
 States in such manner and under such reguhitions as shall 
 l)e prescribed l)y the Secretary of the Treasury. 
 Inspection. The collector of customs of the collection district within 
 
 which, or the surveyor of the port at which, any such steam- 
 ship or other vessel arrives, shall direct an inspector or 
 other officer of the customs to make an examination of the 
 vessel, and to admeasure the compartments or spaces occu- 
 pied by the emigrant passengers, or passengers other than 
 ca])in passengers, during the voyage; and such measure- 
 ment shall be made in the manner provided by law for 
 admeasuring vessels for tonnage; and to compare the num- 
 ber of such passengers found on board with the list of such 
 passengers furnished by the master to the customs officer; 
 and the said inspector or other officer shall make a report 
 to the aforesaid collector or surveyor, stating the port of 
 departure, the time of sailing, the length of the voyage, the 
 
 Sec. 11. 
 
BITREATT OF NAVTCJATION 296 
 
 vontiliition. the luinibor of siu-h passont'vrs on board tlie 
 
 vcssi'l, and their nativo country, respect ividy; tlie eubic 
 
 ([uantity of each c()in})artnient or space, aiul the number of 
 
 berths and passeno-ers in each space, the kind and ([uality 
 
 of (he food furnished to such passen^vrs on the vo3ai^c; 
 
 the nuiul)er of deaths, and the age and sex of those who 
 
 died durinj^ the voyage, and of what disease; and in case 
 
 tliere was any uiuisual sickness or mortality during the 
 
 voA'age, to report whether the same was caused by any 
 
 neglect or violation of the provisions of this act, or by the 
 
 want of proper care against disease by the master or owners -'•';('•/''" ^^"f- 
 
 of the vessel; and the said reports shall be forwarded to ,sa\'io."'^''' 
 
 the Secretai'v of Commerce and Labor at such times and 
 
 in such manner as he shall direct. 
 
 The provisions of this act shall aij])lv to (>verv steamshiio Vessois leaving 
 
 d* 1 1 ■ i. ■ i)i)rts of Uiiitwi 
 
 ler vessel whereon emigrant passengers, or passengers states. 
 
 other than cal)in passengers, are taken on board at a port fj%f,xf*j!;i; ) 
 or place in the Inited States for conversance to any port or ^f^'- J~- 
 place in a foreign countr}- except foreign territory contigu- 
 ous to the United States, and sludl also apply to any vessel 
 whereon such passengers ai"e taken on board at any port 
 or place of the United States on the Atlantic Ocean or its 
 tributaries for conveyance to a port or place on the Pacitic 
 Ocean or its tril)utaries, or vice versa; and whether the 
 voyage of said vessel is to be continuous from port to port 
 or such passengers are to be conveyed from port to port in 
 pait by the wa}' of any overland route through ^Mexico or 
 Central America; and the said collector of customs ma}" 
 direct an examination of the vessel to be made by an 
 inspector or other officer of the customs, who shall make 
 the examination and report Avhether the provisions of this 
 act have been complied with in respect to such vessel, and 
 the said collector is authorized to withhold the clearance 
 of such vessel until the coming in of such report; and if 
 the said report shall show that any of the provisions of 
 this act have not been complied with, the collector is 
 authorized and directed to withhold the clearance of such 
 vessel until the said provisions are complied with; and if 
 any such vess(d lea^•es the afoi'esaid port or place without 
 having ])een duly cleared by the collector of customs, the 
 master shall be deemed guilty of a misdemeanor, and may 
 be lined not (exceeding one thousand dollars, and l)e impris- 
 oned not exceeding one year, and the vessel shall be lialde 
 to seizure and forfeiture. 
 
 The amount of the several fines and penalties imposed ^,Jes""^ '' "" "' 
 by aiiy section of this act upon the master of any steam- sk-. i,-i. 
 ship or other vessel carrying or bringing emigrant passen- 
 gers, or passengers other than cal)in passengers, for an}' 
 violation of the provisions of this act, shall be liens upon 
 such vessel, and such vessel may be libeled therefor in any 
 circuit or district court of tlH> United States wheiv sui;h 
 vessel shall ai'ri\"e or depart. 
 
296 BUREAU OF NAVIGATION 
 
 UKNKRAT. PILOT LAWS 
 
 laws"*^'^'^^ ^^^'^^ Until further provision is made by Congress, all pilots 
 
 ji.'s., 42i,j.7. in tlic ba3\s, inlets, rivers, harbors, and ports of the United 
 States shall continue to be reg'ulated in conformity with 
 the existing- laws of the States respectively wherein such 
 j)ilots may be, or with such laws as the States may respec- 
 tively enact for the purpose. 
 
 n. s., unr,. The master of any vessel coming- into or going- out of 
 
 any port situate upon waters which are the boundary 
 between two States, may employ any pilot duly licensed or 
 authorized b}" the laws of either of the States bounded on 
 such waters, to pilot the vessel to or from such port. 
 
 R. s., A237. No regulations or provisions shall be adopted by any 
 
 State which shall make an}" discriminat'on in the rate of 
 pilotage or half pilotage between vessels sailing- })etween 
 the ports of one State and vessels sailing- ])etween the 
 ports of dili'erent States, or an}" discrimination against 
 vessels propelled in whole or in part by steam, or against 
 national vessels of the United States; and all existing 
 regulations or provisions making any such discrimination 
 are annulled and abrogated. 
 
 steam vessels J^o State or municipal government shall impose upon 
 exempt from pilots of steam-vcsscls anv obligation to procure a State 
 lotTle"''"''^' ^'' «!' other license in addition to that issued by the United 
 
 R.s.,w.h. States, or any other regulation which will impede such 
 pilots in the performance of the duties required bv this 
 Title [R. S.,i390-t500]; nor shall any pilot-charges belevied 
 by any such authority upon any steamer piloted as provided 
 by this Title; and in no case shall the fees charged for 
 the pilotage of any steam-vessel exceed the customary 
 or legally established rates in the State where the same is 
 performed. Nothing in this Title shall be construed to 
 annul or affect any regulation established by the laws 
 of any State, requiring- vessels entering or hnxving a port 
 in any such State, other than coastwise steam- vessels, to 
 take a pilot duly licensed or authorized by the laws of 
 such State, or of a State situate upon the waters of such 
 State. 
 
 COMMERCE WITH CONTIGUOUS COUNTRIES 
 
 tradlfvissels'^"" Exccpt into the districts hereinbefore described on the 
 'ji. s.,k'ooi' northern, northwestern, and western boundaries of the 
 United States, adjoining to the Dominion of Canada, or 
 into the districts adjacent to Mexico, no merchandise of 
 foreign growth or manufacture, subject to the payment of 
 duties, shall be brought into the United States from any 
 foreign port in any other manner than by sea, nor in any 
 vessel of less than thirty tons burden, agreeably to the 
 admeasurement directed for ascertaining- the tonnage of 
 vessels; or landed or unladen at any other port than is 
 directed by this Title [R. S., 2517-3129], under the penalty 
 
BUREAU OF NAVIGATION 297 
 
 of soi/uvo and i'oriVitur(> of all such vcssc'ls, and of the 
 ni(M(liandis(^ iini)()rtcd lluMHMn, landed or unladen in any 
 other manner. 
 
 All persons may imi)ort any merchandise of which the r. s.,min. 
 importation shall not bo entirely i)rohihit(Hl, into the dis- 
 tricts which arc or may be established on the northern and 
 northwestern V)oundaries of the United States, in vessels 
 or boats of any burden, and in rafts or carriag^es of any 
 kind or nature Avhatsoever. 
 
 If anv miM'chandise shall, at anv ])ort in the I'nited States Evasion of 
 
 .1 • ,1 ii i ' ii i. J- ^* coasting- liiws on 
 
 on the nortliern, nortlieastcrn, or northwestern rrontiers me lakes iin<i 
 thereof, l)e laden upon any vessel Ixdon^'ino- wliolly <'i" i» ^'^™*,lf'^'^^jjo 
 part to a subject of a foreign country, and shidl be taken 
 thence to a foreign port to l)o reladen and reshipped to 
 any other port in the United States on such frontiers, 
 either by the same or an}" other vessel, foreign or Ameri- 
 can, with intent to evade the provisions relating* to the 
 transportation of merchandise from one port of the United 
 States to anothin- port of the United States, in a vessel 
 belonging- wholly or in part to a subject of any foreign 
 power, the merchandise shall, on its arrival at such last- 
 named port, be seized and forfeited to the United States, 
 and the vessel shall pay a tonnage-duty of fifty cents per 
 ton on her admeasurement. 
 
 All vessels, boats, rafts, and carriages, of what kind inward mnni- 
 soever, arriving- in such districts, on the northern and a\>., .w.-yr. 
 northw'estern frontiers, containing- merchandise sul)ject 
 to duties, on being imported into an}" port of the United 
 States, shall be reported to the collector, or other chief 
 officer of the customs at the port of entry in the district 
 into which it shall be so imported; and such merchandise 
 shall be accompanied with like manifests, and like entries 
 shall be made, by the persons having- charge of any such 
 vessels, boats, rafts, and carriages, and by the owners or 
 consignees of the merchandise I'aden on board the same; 
 and the i)owers and duties of the officers of tlie customs 
 shall l)e exercised and discharged in the districts last men- 
 tioned, in like manner as is prescril)ed in respect to mer- 
 chandis(> imported in vessels from the sea; and generally, 
 all such importations shall l)e sul)ject to like regulations, 
 penalties, and forfeitures as in other districts, except as is 
 hereinafter specially provided. 
 
 The master of any vessel, except registered vessels, and n. s., .wss. 
 every person having charge of any boat, canoe, or raft, 
 and the conductor or driver of any carriage or sleigh, and 
 everv other person, coming from any foreign ten-itory 
 adjacent to the Ignited States into the U^nited States, with 
 merchandise subject to duty, shall deliver, innncHliately 
 on his arrival within the Unit(Kl States, a manifest of the 
 cargo or loading of such vessel, boat. cano(% raft, carriage, 
 or sleigh, or of the merchandise so brought from such 
 foreign territory, at the office of any collector or deputy 
 collector which shall be nearest to the boundary-line, or 
 nearest to the road or waters bv which such merchandise 
 
298 BUEEAU OF NAVIGATION 
 
 is brought; and evei\y such manifest shall be verified by 
 the oath of sueh person delivering- the same; which oath 
 shall be' taken before such collector or deputy collector; 
 and such oath shall state that such manifest contains a 
 full, just, and true account of the kinds, quantities, and 
 values of all the merchandise so brought from such foreign 
 territor}. 
 Penalty for jf ^\^q master, or other person having charge of anv ves- 
 
 failure to fif liver - , ^^ -. '^ ^ , ■ , 
 
 manifest. sel, boat, cauoe, or raft, or the conductor or driver of any 
 
 ji. s., mm. carriage or sleigh, or other person bringing such merchan- 
 dise, shall neglect or refuse to deliver the manifest required 
 by the preceding section, or pass by or avoid such office, 
 ' the merchandise sul)ject to duty, and so imported, shall be 
 
 forfeited to the United States, together with the vessel, 
 boat, canoe, or raft, the tackle, apparel, and furniture of 
 the same, or the carriage or sleigh, and harness and cattle 
 drawing the same, or the horses with their saddles and 
 bridles, as the case may be; and such master, conductor, 
 or other importer shall be subject to a penalty of four 
 times the value of the merchandise so imported. 
 
 Transfer of The master of any foreign vessel, laden or in ])allast, 
 ^"^^^'^s., S109. arriving, whether by sea or otherwise, in the waters of the 
 United States from any foreign territory adjacent to the 
 northern, northeastern, or northwestern frontiers of the 
 United States, shall report at the office of any collector or 
 deputy collector of the customs, which shall be nearest to 
 the point at which such vessel may enter such waters; and 
 such vessel shall not transfer her cargo or passengers to 
 another vessel or proceed farther inland, either to ludade 
 or take in cargo, without a special permit from such col- 
 lector or deputy collector, issued under and in accordance 
 
 Fd). 14, 190S. wnth such general or special regulations as the Secretary of 
 
 .^I'm' " '^"''■^ Commerce and Labor may, in his discretion, from time to 
 time presenile. This section shall also apply to trade with 
 
 {so'stal, 2f,i) or through Alaska. For any violation of this section such 
 
 Hec. u. vessel shall be seized and forfeited. 
 
 Sea stores for Jf any vcssel enrolled or licensed to engage in the foreign 
 
 Great Lakes ves- , -^ , . . , ,, ,, ii i i 
 
 seis. and coastmg trade on the northern, northeastern, and 
 
 R. s., 3111. northwestern frontiers of the Ignited States shall touch at 
 any port in the adjacent British provinces, and the master 
 of such vessel shall purchase any merchandise for the use 
 of the vessel, the master of the vessel shall report the 
 same, with cost and quantity thereof, to the collector or 
 other officer of the customs at the first port in the ITnited 
 States at which he shall lu^xt arrive, designating them as 
 "sea-stores;" and in the oath to be taken by such master 
 of such vessel, on making such report, he shall declare 
 that the articles so specified or designated "'sea-stores" are 
 truly intended for the use exclusi^'ely of the vessel, and 
 are not intended for sale, transfer, or private use. If any 
 Penalty. other or greater quantity of dutiable articles shall ])e found 
 
 on board such \essel tlian are specified in such report or 
 entry of such articles, or any part thereof shall be laiuh^d 
 without a permit from a collector or other officer of the 
 
BUREAU OF NAVIGATION 299 
 
 cnstom^^. siu'h articles to^ctlKM- with the \(>ssi>l, liciappinvl, 
 tackle, and furniture, shall he fort'eiled. 
 
 If, upon examination and inspefticui hy (he collector or >,/,','.^{;Jr''J'"" "^ 
 other olHcor of the customs, .such articles are not deemed A'. n., .;/;.'. 
 excessive in ([uantity for the use of the vess(^l, until an 
 American port may he reached ])y such vessel, where such 
 sea-stores can Ik» obtained, such articles shall he d(>clared 
 frtH^ of duty; hut if it shall he found that the ([uantity or 
 (|uantities of such articles, or any ])art (her(H)f so reported ivimity. 
 are excessivt\ it shall he lawful for the colUn'tor or other 
 otiicer of the customs to estimate the amount of duty on 
 such excess, which shall h«> forthwith i)aid by the master 
 of the vessel, on penalty of payinj>- a sum of not less than 
 one hundred dollars, nor moi'ethan four times the value of 
 such excess, or such master shall he punishahh^ by impris- 
 onment for not less than three months, and not more than 
 two years. 
 
 Articles purchasinl for the use of or for sale on board any |f'".""^^]*^'"'**'- 
 such vessel, as saloon stores or supplies, shall ])e deemed 
 merchandise, and shall be liable, when purchased at a for- 
 eign ]X)rt, to entry and the pavment of the duties found to 
 be due thereon, at the lirst port of arrival of such vessel 
 in the United States; and for a failure on the part of the 
 saloon-keeper or person purchasing- or owning such articles 
 to report, make entries, and pav duties, as hereinbefore 
 required, such articles, together with the fixtures and 
 other merchandise, found in such saloon or on or a])Out 
 such vessel belonging to and owned by su(di saloon-keeper 
 or other person interested in such saloon, shall be seized 
 and forfeited, and such saloon-keeper or other person so 
 purchasing and owning shall ]}o liable to a penalty of not 
 less than one hundred dollars and not more than five hun- 
 dred, and shall be punishal)le ])v imprisonment for not less 
 than three months, and not more than two years. 
 
 The e<(uipments, or any part' thereof, including- boats. j,.^frs^^*^^ "" ^'^' 
 purchased for, or the expenses of repairs made in a foreign -R. 's-, suu. 
 country upon a vessel enrolled and licensed under the laws 
 of the rnitcd States to engage in the foreign and coasting- 
 trade on the northern, northeastern, and northwestern 
 frontiers of the United States, or a vessel intended to be 
 employed in such trade, shall, on the tirst arrival of such 
 vessel in any port of the Unil:ed States, be liable to entry 
 and the payment of an ad-valoreni duty of fifty per cen- 
 tum on the cost thereof in such foreign country; and if 
 the owner or master of such vesscd shall willfully and 
 knowingly neglect or fail to report, make entry, and pay 
 duties as heriMn i'e((uircd, such vessel, with h(M- tackle, 
 api)arel. and furniture, shall l»e seiz(>d and foi-feited. 
 
 No license, or enrollment and license, nor renewal of Knroijmeut of 
 
 .,, 1 11 1 ,. 1 . T 1 ^-1 j^i repaired vessel. 
 
 either, shall hereafter be issued to any vessel until the r. .s., /,sso. 
 collector to whom application is made for the same is satis- 
 fied, from the oath of the owner or master, that all ecpiip- 
 ments and repairs, made in a foreign port within the year 
 immediately preceding such application, have been duly 
 
300 BUREAU OF NAVIGATION 
 
 accounted for, and tlic duties accruing- thereon duly paid; 
 and if such owner or master shall refuse to take such oath, 
 or take it falsely, the yessel shall he seized and forfeited. 
 
 U.S., sua. If the owner or master of such yessel shall, howeyer, 
 
 furnish good and sufficient eyidence that such vessel, while 
 in the reg-ular course of her yo3'age, was compelled, by 
 stress of weather or other casualty, to put into such foreign 
 port and purchase such equipments, or make such repairs, 
 to secure the safety of the yessel to enable her to reach her 
 port of destination, then it shall be competent for the Secre- 
 tary of the Treasury to remit or refund such duties, and 
 such yessel shall not be liable to forfeiture, and no license 
 or enrollment and license, or renewal of either, shall here- 
 after be issued to any such yessel until the collector to 
 whom application is made for the same shall be satisfied, 
 from the oath of the owner or master, that all such equip- 
 ments and repairs made within the year immediately pre- 
 ceding such application haye been dul}^ accounted for under 
 the provisions of this and the preceding sections, and the 
 duties accruing thereon duly paid; and if such owner or 
 master shall refuse to take such oath, or take it falsely, the 
 vessel shall be seized and forfeited. 
 
 Entryfromone Xhc master of cycry yessel enrolled or licensed to engage 
 other. ' in the foreign and coasting trade on the northern, north- 
 
 ji.,s.,3nfi. eastern, and northwestern frontiers of the United States, 
 except canal-boats employed in nayigating the canals with- 
 in the United States, shall, before the departure of his 
 vessel from a port in one collection-district to a port in 
 another collection-district, present to the collector at the 
 port of departui'e duplicate manifests of his cargo, or, if 
 he haye no cargo, duplicate manifests setting forth that 
 fact; such manifests shall be subscribed and sworn to by 
 the master before the collector, who shall indorse thereon 
 his certificate of clearance, retaining one for the tiles of 
 his office; the other he shall deliyer for the use of the 
 master. 
 
 R. s., siir. jf any vessel so enrolled or licensed shall touch at any 
 
 intermediate port of the United States, and there dis- 
 charge cargo taken on board at an American port, or at 
 such intermediate ports shall take on board cargo destined 
 for an American port, the master of such yessel shall not 
 be required to report such lading or unlading at such 
 intermediate ports, but shall enter the same on his mani- 
 fest obtained at the original port of departure, which he 
 shall deliyer to the collector of the port at which the un- 
 lading of the cargo is completed, within twenty-four hours 
 after arrival, and shall subscribe and make oath as to the 
 truth and correctness of the same. 
 
 T:.s.,:'iiis. The master of any yessel so enrolled or licensed shall, 
 
 before departing from a port in one collection-district to a 
 place in another collection-district, where there is no 
 custom-house, tile his manifest, and obtain a clearance in 
 the same manner, and make oath to the manifest, which 
 manifest and clearance shall be delivered to the proper 
 
BUREAU OF NAVIGATION 301 
 
 ottiror of fustonis at tlic port at which the vessel next 
 arrivi's after leavino- the place of destiiuitioii specified in 
 the cl(>arance. 
 
 Nothing" contained in the tiiree preceding- sections shall a*. ,S'., »;w. 
 exenijjt masters of vessels from irpoilino-, as now recpiired 
 by law, any merchandise destined for any foreign port. 
 No permit shall bo reipiired for the unlading* of cargo 
 brought from an American port. 
 
 No merchandise tak(>n f I'om any port in the United Stales -B- s., sizo. 
 on the northern, northeastern, or northwestern frontiers 
 thereof, toa])()rt in another colloction-districtof the United 
 States on such frontiers, in any vessel, shall l)e unladen or 
 deli\ered from such vessel within the United States, but 
 in open da}^ that is to say, between the rising and sotting 
 of the sun, except by special license from the collector or 
 other principal officer of the port for the purpose. The 
 owner of every vessel whose master or manager shall neg- 
 lect to comply with the provisions of this section shall be 
 liable to a penalty of not less than one hundred dollars nor 
 more than live hundred. The Secretary of Commerce and f;*;4^^ ^"^fy. 
 Lal)or may, from time to time, make such regulations as iiec'io." 
 to him shall seem necessar}" and expedient for unloading 
 at and clearance from any port or place on such frontiers 
 of ships or vessels at night. And the Secretary of Com- 
 merce and Labor be, and he is hereby, authorized, in his 
 discretion, to make such regulations as shall enable vessels 
 engaged in the coasting trade between ports and places „i''^J^^^^j^^i^^° 
 
 Ti -M- ^ • 1 • 1 iiT •J^^ • Coasting trade. 
 
 U})on J^ake JMicIngan exclusively, und l;iden witli American 
 productions and free merchandise onh", to unlade their 
 cargoes without previously obtaining a permit to unlade. 
 
 The master of any vessel so enrolled or licensed, destined -R- s., siss, 
 with a cargo from a place in the United States, at which 
 there may be no custom-house, to a port where there may 
 be a custom-house, shall, within' twenty-four hours after 
 arrival at the port of destination, deliver to the proper 
 officer of the customs a manifest, subscri])ed by him, set- 
 ting forth the cargo laden at the place of departure, or 
 laden or unladen at any intermediate port, or place, to the 
 truth of which manifest he shall make oath before such 
 officer. If the vessel, however, have no cargo, the master 
 shall not l)e required to deliver such manifest. 
 
 The master of an}^ vessel with cargo, passengers, or(.„^go^and^pas^ 
 baggage from any foreign port, shall obtain a permit ^"d »"^&'^y'^-^^^^ 
 coinpl}" with existing laws, before discharging or landing 
 the same. 
 
 Steam-tugs duly enrolled and licensed to engage in the y**^S"^j;"f^- 
 lorcign and coasting trade on the nortliern, northeastern, 
 and northwestern frontiers of the United States, when 
 exclusively em})l()yed in towing \essels, shall not be 
 re(|uired to report and clear at the custom-house. When 
 such steam-tugs, however, are employed in towing rafts or 
 other vessels without sail or steam m()tive-i)ower, not 
 required to })e enrolled or licensed under existing laws, 
 they shall be required to report and clear in the same 
 
302 BUREAU OF NAVIGATION 
 
 iiuinner as i.s hereinbefore provided in similar eases lor 
 other vessels, 
 
 peliaities^ '^"*^ f'^^^ manifests, certificates of clearance, and oaths, pro- 
 ^ih'i^'^ms ^'^^^^*^ *'^*^' '*3' *^^^' ei^ht precedino- sections (R. S., SlKi- 
 (sistat, s-21).) 3128], shall l)e in such form, and prepared, filled iip^ and 
 .See. 10. executed in such manner as the Secretary of Commerce 
 
 and Labor may from time to time prescribe. 
 A'. ,s., sn:j. Yi the master of any enrolled or licensed vessel shall 
 
 neglect or fail to comply with any of the provisions or 
 requirements of the nine preceding sections [R. fS., 3116- 
 3124:], such master shall forfeit and pay to the United 
 States the sum of twenty dollars for each and every fail- 
 ure or neglect, and for which sum the vessel shall be lia- 
 ])le, fuid may ])e sunnnarily proceeded against, b}- way of 
 libel, in any district court of the United States. 
 
 fore/gn'^port^ "' ^^^J vcsscl, ou being duly registered in pursuance of the 
 JR. a., 3126. laws of the United States, may engage in trade between 
 one port in the United States and one or more ports 
 within the same, with the privilege of touching at one or 
 more foreign ports during the voj^age, and land and take in 
 thereat nnu'chandise, i)assengers and their baggage, and 
 letters, and mails. All such vessels shall l)e furnished by 
 the collectors of the ports at which they shall take in their 
 cargoes in the United States, with certified manifests, 
 setting forth the particulars of the cargoes, the marks, 
 number of packages, by whom shipped, to whom con- 
 signed, at what port to be delivered; designating such 
 merchandise as is entitled to drawback, or to the privilege 
 of being placed in warehouse; and the masters of all such 
 vessels shall, on their arrival at any port of the United 
 States from any foreign port at which such vessel may 
 have touched, as herein provided, conform to the laws 
 providing for the delivery of manifests of cargo and pas- 
 sengers taken on board at such foreign port, and all other 
 laws regulating the report and entry of vessels from 
 foj'eign ports, and be subject to all the penalties therein 
 prescribed. 
 
 chami^fe? coast- -^"J foreign merchandise taken in at one port of the 
 
 ^'S^„ United States to be conveyed in registered vessels to any 
 
 Jt S S127 • • . ^ . * 
 
 other port within the same, either under the provisions 
 relating to warehouses, or under the laws regulating the 
 transportation coastwise of merchandise entitled to draw- 
 l)ack, as w ell as any n*erchandise not entitled to drawback, 
 but on which the import duties chargeable by law shall 
 have been duly paid, shall not become su))iect to any im- 
 port duty by reason of the vessel in which they may arrive 
 having touched at a foreign port during the voyage. 
 sions^*fOT B^it'i^sh When any merchandise shall be imported from Canada 
 North America, into the Ignited States, in any steamboat on Lake Cham- 
 plain, and tli(». merchandise shall have been duly entered, 
 the duties thereon paid at the ollice of the collector of an}^ 
 district adjoining Lake Champlain, it shall be lawful to 
 land such mei'chandise in the same or any other district 
 adjoining Lake Champlain. 
 
BUREAU OK NAVIGATION 30" 
 
 Tho Socivtiii'.v of ('oiiiiiUMcc and Lain)!', with tho appro- %if-\l^f,;^^ 
 hation t)t" tln> I'rcsidiMit, provicUnl tlu> lattor shall ))0 satis- (sisiat.,'H2'j.) 
 fit>(l that similar privileges arc cxtiMulcd to vcsscds of the *^''- ^°- 
 I'liittHl Stat(>s ill the colonics horciriat'ter nuMitioiiod, is 
 hon'l)y authori/,(Ml, under such rcoulatioiis as ho jSccre- 
 tarv of the Tivasurv | may prescribe to protect the revenue 
 from fraud, to permit \'cssels hiden with the products of 
 Canada, Now Brunswick, Nova Scotia, Newfoundland, 
 and Prince Edward Island, or either of them, to hide or 
 unlade at any port within any collection-district of the 
 I'nited States which he may desiuiuito; and if any such 
 vessel entering a port so desit;natod, to lade or unlade, 
 shall noti"loct or refuse to comply with the re_i»-ulations so 
 prescribed by the Socrotary of the Treasury |aiid th(> Sec- 
 retary of Commerce and Labor], such vessel, and the 
 owner and master thereof, shall be subject to the same 
 penalties as if no authority under this section had been 
 granted to lade or luilade in such port. 
 
 DOMESTIC COMMERCE 
 
 The sea-coast and navio'able rivers of the United States d""*;^* f Jff "'*^- 
 snail be di\ided into three groat districts: the first to 
 include all the collection-districts on the sea-coast and 
 navigable rivers, between the eastern limits of the United 
 States and the southern limits of Georgia; the second to 
 include all the collection-districts on the sea-coast and 
 navigable rivers between the river Perdido and the Rio 
 Grande; and the third to include all the collection-districts 
 on the sea-coast and navigable rivers between the southern 
 limits of Georgia and the river Perdido. 
 
 The master of ever}^ vessel under twenty tons burden ^^.j^il^'/^^'Y'reat 
 liiensed for carrving on the coasting-trade, destined froui district, 
 a district in one State to a district in the same or an adjoin- 
 ing State, on the sea-coast or on a navigable river, and of 
 every vessel of the burden of twenty tons and upward, des- 
 tined from a district within one of the great districts to 
 another district within the same great district, or from a 
 State in one groat district to an adjoining State in another 
 groat district, having on l)oard either distilled spirits in 
 casks exceeding five hundred gallons, wines in casks exceed- 
 ing two hundred and fifty gallons, or in bottles exceeding 
 one hundred dozens, sugar in casks or boxes exceeding three 
 thousand pounds, or foreign merchandise in packages, as 
 inijmrted, exceeding in value foui" hundred dollars, or mer- 
 chandise, consisting of such enumerated or other articles 
 of foreign growth or manufacture, or of both, whose aggre- 
 gate value exceeds eiglit hundred dollars, siiall, previous 
 to the depai'ture of such vessel fiom the poi't where she 
 may then be, make out and sul)scribe duplic-ate manifests 
 of the whole of such cargo on board such vessel, specifying 
 
304 BUKEAU OF NAVIGATION 
 
 in such manifests the marks and numbers of every cask, bag, 
 box, chest, or package containing the same, with the name 
 and place of residence of ever\" shipper and consignee, and 
 the quantity shipped b}^ and to each. If there be a collector 
 or surveyor residing at such port, or within live miles 
 thereof, he shall deliver such manifest to the collector, if 
 there be one; otherwise to the surveyor, before whom he 
 shall swear, to the best of his knowledge and Ijelief, that 
 the goods therein contained were legally imported, and 
 the duties thereupon paid or secured, or if spirits distilled 
 within the United States that the duties thereupon have 
 been paid or secured. Thereupon the collector or surveyor 
 shall certify the same on the manifests, one of which he 
 shall return to the master, with a permit, specifying thereon, 
 generally, the lading on board such vessel, and authoriz- 
 ing him to proceed to the port of his destination. 
 juif'i^^fsW, ^^^y vessel, being laden and destined, as mentioned in 
 
 (lo'stat., 9o') the preceding section, shall depart from the port where she 
 may then be without the master having tirst made out and 
 subscribed duplicate manifests of the lading on V)oard such 
 vessel, and in case thei'e be a collector or surveyor residing 
 at such port, or within five miles thereof, Avithout having 
 pi"eviously delivered the same to the collector or surveyor, 
 and obtaining a permit, such master shall be liable to a 
 penalty of one hundred dollars. 
 resu mstrict"" "^ '^^^ master of every vessel licensed for carrying on the 
 R.s.^'lsr,!/^ coasting-trade, having on board either distilled spirits in 
 iiP'daufo.) casks exceeding five hundred gallons, wine in casks exceed- 
 ing two hundred and hfty gallons, or in bottles exceeding 
 one hundred dozens, sugar in casks or boxes exceeding 
 three thousand pounds, or foreign merchandise in packages, 
 as imported, exceeding in value four hundred dollars, or 
 goods, wares, or merchandise, consisting of such enumer- 
 ated or other articles of foreign growth or manufacture, or 
 of both, whose aggregate value exceeds eight hundred dol- 
 lars, and arriving from a district in one State, at a district 
 in the same or an adjoining State on the sea-coast, or on a 
 navigable river, or, if of the burden of twenty tons or 
 upward, arriving at a district within one of the great dis- 
 tricts from another district within the same great district, 
 or from a State adjoining such great district, shall, previ- 
 ous to the unlading of any part of the cargo of such vessel, 
 deliver to the collector, if there be one, or if not, to the 
 surveyor residing at the port of her arrival, or if there be 
 no collector or surve3'or residing at such port, then to a 
 collector or surveyor, if there be any such officer residing 
 within tive miles thereof, the manifest of the cargo, certi- 
 fied by the collector or surveyor of the district from whence 
 she sailed if there be such manifest, otherwise the duplicate 
 manifest thereof, as is hereinl>cfore directed, to the truth 
 of which, l)efore such officer, he shall swear. If there have 
 ])een taken on board such vessel an}' other or more goods 
 than are contained in such manifest or manifests, since her 
 
BUREAU OF NAVIGATION 305 
 
 doparturo from tlu' port from Avhence she first sailed, or if 
 anv iioods ha\ o Ixhmi since landed, the master shall make 
 known and partieidarize the same to the eolleetor or sur- 
 veyor, or if no such o'oods have been so taken on board or 
 landed, he shall so declare, to the truth of which he shall 
 swear. Thennipon the collector or sui'V(\vor shall orant a 
 permit for unhiding; a part or the Avliole of such cargo, a>s 
 the master or commander may request. If there is no col- 
 lector or surveyor residino- at or within five miles of the 
 port of her arrival, the mavster of such vessel may proceed 
 to discharoe the lading- from on board such A'cssel, l)ut shall 
 deliver to the collector or surveyor residino- at the first port 
 where he may next aft(M'ward arrive, and within twenty- 
 four hours of his arri\al, the manifest or manifests, noting 
 thereon the times wluMiand plac(\s where the goods therein 
 mentioned have been luiladen, to the truth of Avhich, before 
 the last-mentioned collector or surveyor, he shall swear. 
 
 If the master of any such vessel, being laden and des- juij/pffg^;,; 
 fined as mentioned in the preceding section, shall neglect {19 stai, m.) 
 or refuse to deliver manifests, at the times and in the man- 
 ner directed, he shall be liable to a penalty of one hundred 
 dollars. 
 
 The master of everv vessel under twentv tons of burden cicaraiKc for 
 
 T ^ £ • • ii i- i- "i 1 1 i- , another pri'iit 
 
 licensed for carrying on the coastmg-trade, and destined district, 
 from any district of the United States to a district other juiii'ijfmi;. 
 than a district in the same or an adjoining State, on the sea- (^^ *'«'- '^"■^ 
 coast, or on a navigable river, and of every vessel of the 
 })urden of twenty tons and upward, destined to a district 
 other than a district within the same great district, or 
 within a State adjoining such great district, shall, previous 
 to her departure, deliver to the collector residing at the 
 port where such vessel may be, if there is one, otherwise 
 to the collector of the district comprehending such port, or 
 to a surveyor within the district^ as the one or the other 
 may reside nearest to the port at which such vessel may be, 
 duplicate manifests of the whole cargo on board such ves- 
 sel; or if there is no cargo on board, he shall so certify; 
 and if there are any distilled spirits, or merchandise of 
 foreign growth or manufacture on board, other than what 
 may by the collector be deemed sufficient for sea-stores, he 
 shall specify in such manifests the marks and numbers of 
 every cask, bag. ])ox, chest, or package containing the 
 same, with the name, and place of residence of every ship- 
 per and consignee of such distilled spirits, or merchandise 
 of foreign growth or manufacture, and thequantit3'shii)ped 
 by and to each. The manifests or certificates shall be 
 subscribed and sworn to by him; and he shall also sw<>ar, 
 before the collector or surveyor, that such merchandise of 
 foreign growth or manufacture was, to the best of his 
 knowledge and belied", legally imi)orted, and the duties 
 thereupon paid or scn-ured; or, if spiritsdistilled within the 
 United States, that the duties thereupon have been duly 
 paid or secured. Upon the performance of these provi- 
 sions, and not before, the collector or survevor shall certify 
 
 27628—04 20 
 
306 BUREAU OF NAVIGATION 
 
 the same ou the manifests or certiiicates; one of which lie 
 shall return to the master, with a permit thereto annexed, 
 authorizing- him to proceed to the port of his destination. 
 /.'. N., US5L If any such vessel, destined as mentioned in the preced- 
 
 \i9%aL, '90.) ing- section, shall depart from the port where she may then 
 be, having distilled spirits, or goods, wares, or merchan- 
 dise of foreign growth or manufacture on board, without 
 complying with the reciuirements of the preceding section, 
 the master thereof shall l)e liable to a penalty of one hun- 
 dred dollars; or, if the lading be of goods the growth or 
 manufacture of the United States only, or if such vessel 
 have no cargo, and she depart without the several things 
 required in the preceding section l)eing complied with, the 
 master shall be liable to a penalty of hfty dollars, 
 other'^grert dis- "^^^ master of evcry vessel under twenty tons burden 
 trict. ^^ licensed to carry on the coasting trade, arriving at any 
 Jtdy"i2, me. district of the United States from any district other than 
 {19 Stat, 90.) a district in the same or an adjoining State on the sea- 
 coast, or on a navigable river, and of every vessel of the 
 burden of twenty tons and upward arriving from a district 
 other than a district within the same great district, or from 
 a State adjoining such great district, shall deliver to the 
 collector residing at the port where she may arrive if there 
 be one, otherwise to the collector or surveyor in the dis- 
 trict comprehending such port, as the one or the other may 
 reside nearest thereto, if the collector or surveyor reside 
 at a distance not exceeding live miles, within twenty-four 
 hours, or, if at a greater distance, within forty-eight hours 
 next after his arrival, and previous to the unlading any of 
 the goods brought in such vessel, the manifest of the cargo, 
 if there ])e any, certified by the collector or surve^^or of 
 the district from whence she last sailed; and shall make 
 oath, before the collector or surveyor, that there was not 
 when he sailed from the district where his manifest was 
 certified, and has not been since, and is not then any more 
 or other merchandise of foreign growth or manufacture, 
 or distilled spirits, if there be any, other than sea-stores, 
 on board such vessel, than is therein mentioned; and if 
 there be none such, he shall so swear; and if there be no 
 cargo on board, he shall produce the certificate of the col- 
 lector or surveyor of the district from whence she last 
 sailed that such is the case. Thereupon such collector or 
 surveyor shall grant a permit for unlading the Avhole or 
 part of such cargo, if there be any, within his district, as 
 the master may request; and where a part only of the mer- 
 chandise of foreign growth or manufacture, or of distilled 
 spirits, brought in such vessel, is intended to be landed, 
 the collector or surveyor shall make an indorsement of such 
 part on the back of the manifest, specifying the articles to 
 be landed; and shall return such manifest to the master, 
 indorsing also thereon his permission for such vessel to 
 proceed to the place of her destination. 
 j-f-vff-. If the master of such vessel, laden and destined as nien- 
 
 (19'sM., 90.) tioned in the preceding section, shall neglect or refuse to 
 
BUREAT OF NAVKJATION" 307 
 
 (Iclivor tlir nianitVst, or. if sh(> lius no ciuiio, tlio cortiticate, 
 witliin the tiiuo ilii('ct(^d in tlu^ prccodiiiL;' section, he shall 
 bo liable to a penalty of one hnndnHJ dollars, and the mer- 
 chandise of foreign t;rowth or nianiifaeture, or distilled 
 spirits, found on hoai'd, or landed fi-oni sueh ship or ves- 
 sel, not boiny certified as reciuired, shall be forfeited; and 
 if the same shall amount to the value of eioht hundred 
 dollars, such ship or vessel, with her tackle, apparel, and 
 furniture, shall be also forfeited. 
 
 The provisions of sections forty-three hundred and fort}'- Kxemption on 
 nine, forty-three hundred and tifty. forty-three hundred InnnrnnX'iTiei!'' 
 and tiftv-one. fortv-three hundred and tiftv-two, fortv- /!''•''/'•; ^1',''; 
 three iumdred and nfty-three, torty-tliree hundred and 
 fifty-four, forty-three hundred and tifty-tive, and forty- 
 three hundred and tif*:y -sixof the Revised Statutes, requir- 
 ing- the master of ever}' vessel licensed to carry on the 
 coastino--trade, laden in part with foreign merchandise or 
 distilled spirits, to procure a permit from the customs 
 olHcer of the port at which his vessel w^as laden, authoriz- 
 \ng him to proceed to his port of destination, and also to 
 l)rocure a permit from the port of destination for the un- 
 lading- of his cargo, shall not ])e held to include vessels 
 engaged in the navigation of the Mississippi River or trib- 
 utaries above the port of New Orleans. 
 
 Nothing in this Title IR. S., 4311-4390] shall be so con- . vessels with 
 
 1 !!• ii 1 I' ii'i ji domestic ciirgo. 
 
 strued as to oblige the master or any vessel or less than ij. ,s'., issy. 
 twent}^ tons ])urden, licensed for carrying on the coasting 
 trade, bound from a district in one State to a district in 
 the same or an adjoining State on the sea-coast, or on a 
 navigal)le river, or of any vessel of the burden of twenty 
 tons or upward. l)ound from a district within one of the 
 great districts to a district within the same great district, 
 or Avithin a State adjoining such great district, having on 
 board merchandise of the growth, product, or manufacture 
 of the United States only, except distilled spirits, or dis- 
 tilled spirits not more than five hundred gallons, wine in 
 casks not more than two hundred and fifty gallons, or in 
 bottles not more than one hundred dozen, sugar in casks 
 or boxes not more than three thousand pounds, or foreign 
 merchandise in packages, as imported, of not more value 
 than four hundred dollars, or merchandise consisting of 
 such enumerated or other articles of foreign growth or 
 manufacture, or of l)oth, whose aggregate value shall be 
 not more than eight hundred dollars, to deliver a manifest 
 thereof, or obtain a permit, previous to her departure, or, 
 on her ai'rival within such district, to make an}^ report 
 thereof; l)ut such master shall be provided with a mani- 
 fest, by him sultscriljed, of the lading, of what kind soever, 
 which was on Itoard such vessel at the time of his departure 
 from tin; disti-ict from which she last sailed, and if the 
 same, or any part of such lading, consist of distilled spirits, 
 or merchandise of foreign growth or manufacture, with the 
 marks and luimbers of each cask, bag, box, chest, or pack- 
 age containing the same, with the name of the shipper and 
 
308 BUREAU OF NAVIGATION 
 
 con>sio-nce of each. Such manifest shall be by him exhib- 
 ited, for the inspection of an}" officer of the revenue, 
 when required by such oflicer; and he sliall also inform 
 such officer from whence such vessel last sailed, and how 
 long- she has been in port, when by him so interrogated. 
 
 ji. x., inno. Whenever the master of such vessel, laden and destined 
 
 as descri))ed in the preceding section, is not provided, on 
 his arrival within any such district, with a manifest, and 
 does not exhibit tlio same, as required in the preceding 
 section, if the lading of such vessel consists wholly of 
 merchandise the produce or manufacture of the United 
 States, distilled spirits excepted, he shall be lial^le to a 
 penalty of twenty dollars, or if there be distilled spirits, 
 or merchandise of foreign growth or manufacture, on 
 Ijoard, excepting what may be sufficient for sea stores, he 
 shall be liable to a penalty of forty dollars; or if he shall 
 refuse to answer the interrogatories truly, as is herein 
 re(iuired, he shall be liable to a penalty of one hundred 
 dolhirs. If any of the merchandise laden on board such 
 vessel be of foreign growth or manufacture, or of spirits 
 distilled within the United States, so nuich of the same as 
 ma}^ be found on Ijoard such vessel, and not included in 
 the manifest exhibited by such master, shall be forfeited. 
 
 E. s., u-T. Coasting-vessels, going from Long Island, in the State 
 
 of New York, to the State of Rhode Island, or from the 
 State of Rhode Island to Long Island, shall have the same 
 privileges as are allowed to vessels under the like circum- 
 stances going from a district in one State to a district in 
 the same or an adjoining State. 
 
 Registered ves- Whenever anv vessel of the United States, registered 
 
 gels in the coast- , . , . " • i t • • ,• t ^ • j. 
 
 ing trade. according to law, IS employed m gonig trom an}" one district 
 
 a. .->., /.sou jj^ |.|^g United States to any other district, such vessel, 
 and the master thereof, with the goods she may have on 
 board previous to her departure from the district where 
 she may be, and also u})on her arrival in any other district, 
 shall be subject, except as to the payment of fees, to the 
 same regulations, provisions, penalties, and forfeitures, 
 and the like duties are imposed on like officers, as are pro- 
 vided for vessels licensed for carrying on the coasting- 
 trade. Nothing herein contained shall be construed to 
 extend to registered vessels of the United States having on 
 board merchandise of foreign growth or manufacture, 
 brought into the United States, in such vessel, from a for- 
 eign port, and on which the duties have not been paid 
 according to law. 
 Roport by mas- The Diastcr of cvei'y vessel employed in the transporta- 
 
 ^^ K. s., 1,366. tion of merchandise from district to district, that shall put 
 into a port other than the one to which she was bound, 
 shall, within twenty-four hours of his arrival, if there be 
 an officer residing at such port, and she continue there so 
 long, make report of his arrival to such officer, with the 
 name of the place hv came from, and to which he is bound, 
 with an account of his lading; and every master who neg- 
 lects or refuses so to do shall be liable to a penalty of 
 twenty dollars. 
 
BTTREAU OF NAVIGATION 309 
 
 No niercliandiso shall ho transpoi'tod hy wuter ii"der,,.f'^'^j^^l*;J^Y';''|*,''j'i';; 
 pcMiilty of forfeiture thereof from one port of the United i<>'iftiiiKtnuii-. 
 
 States to anoth(>r port of the I'nited States, eitiier direetly /w^'l.t Is.w. 
 
 or via a foreii-n port, or for any ])art of the vovaae, in any y'',''','^'/;;?^^ 
 
 other vessel tliau a vessel or the I niti'd States. Jiut this (so stat., isis.) 
 section shall not be eonstrued to prohibit the sailing of any 
 foreign vessel from one to another port of the United States: 
 JVorlded, That no merehandise other than that imported 
 in such vessel from some foreign port Avhieh shall not have 
 been imladen shall ])e carried from one port or place in 
 the United States to another. 
 
 No foreign vessel shall transport passeno-ers between fi^UaCsu) 
 
 ports or places in the United States, either directly or by '^^'j;. ^g^g 
 
 ^vay of a foreign port, under a penalty of two hundred {so'stal, ui) 
 
 dollars for each passeno-er so transported and landed. ''^'''^' 
 
 Whenever merchandise is imported into the United States immLf^iate ex- 
 
 , X' • T i. i. J.- X i- • XI portatioii to for- 
 
 bv sea for immediate exportation to a foreign port by sea, eign port (ap- 
 or by a river, the right to ascend or descend which for the porcupine.^'and 
 purposes of commerce is secured by treaty to the citizens '^ti^^^"«^^£i^.ers). 
 of the United States and the subjects of a foreign power, {so'stai, sis'.) 
 the Secretary of Commerce and Labor is herel)y author- '"^^■^' 
 ized to prescribe regulations for the transshipment and ^^'stai^l^si 
 transportation of such merchandise. 
 
 The master of every foreign vessel bound from a district ^jfo^^^^^^^esseis 
 in the United States to an}- other district W' ithin the same, ages. 
 shall, in all cases, previous to her departure from such dis- ^' '^•''^^^^• 
 trict, deliver to the collector of such district duplicate 
 manifests of the lading on board such vessel, if there be 
 any, or, if there be none, he shall declare that such is the 
 case; and to the truth of such manifest or declaration he 
 shall swear, and also obtain a permit from the collector, 
 authorizing him to proceed to the place of his destination. 
 
 The master of every foreign vessel, on his arrival within -R. s., ises. 
 any district from an}' other district, shall, in all cases, 
 within forty eight hours after Ms arrival, and previous to 
 the unlading of any goods from on board such vessel, 
 deliver to the collector of the district where he may have 
 arrived, a manifest of the goods laden on board such ves- 
 sel, if any there be; or if in ballast only, he shall so 
 declare; he shall swear to the truth of such manifest or 
 declaration, and shall also swear that such manifest con- 
 tains an account of all the merchandise which was on board 
 such vessel at the time, or has been since her departure 
 from the place from whence she shall be reported last to 
 have sailed; and he shall also deliver to such collector the 
 permit which was given him from the collector of the dis- 
 trict from whence he sailed. 
 
 Every master of any foreign vessel who neglects or refuses Ji- ■'<•. ^'Srq. 
 to comply with an}' of the requirements of the two preced- 
 ing sections, shall be liable to a penalty of one hundred 
 <lollars. Nothing therein contained shall, however, be con- 
 strued as ati'ecting the payment of tonnage, or any other 
 requirements to which such vessels are suljject by law. 
 
310 BUEEAU OF NAVIGATION 
 
 boatf '^° tng- j^w ,steani tug-boats not of the United States found em- 
 li.' s., /..170. ployed in towing documented vessels of the United States 
 plying from one port or place in the same to another, shall 
 be liable to a penalty of fifty cents per ton on the measure- 
 ment of every such vessel so towed hy them respectively, 
 which sum may be recovered l)y wa}^ of libel or suit. This 
 section shall not apply to any case where the towing, in 
 whole or in part, is within or upon foreign waters. Any 
 foreign railroad company or corporation, whose road en- 
 ters the United States by means of a ferry or tug-boat, 
 may own such boat, and it shall be subject to no other or 
 different restrictions or regulations in such employment 
 than if owned by a citizen of the United States. 
 Penalties for Evcr}^ vesscl of twenty tons or upward, other than reg- 
 eoastingS'aws. " istercd vesscls fouud trading between district and district, 
 ii.s.,i,s7i. QY ])etween different places in the same district, or carr}^- 
 ing on the fishery without being enrolled and licensed, or 
 if less than twenty tons and not less than five tons, with- 
 out a license, in the manner provided by this Title [R. S., 
 4311-4390], if laden with merchandise the growth or manu- 
 facture of the United States only, distilled spirits excepted, 
 or in ballast, shall pay the same fees and tonnage in every 
 port of the United States at which she may arrive as ves- 
 sels not belonging to a citizen of the United States; and, 
 if she have on board any articles of foreign growth or 
 manufacture, or distilled spirits, other than sea-stores, she 
 shall, together with her tackle, apparel, and furniture, and 
 the lading found on board, be forfeited. 
 "('"% \^' s^)^' ^v^iy vessel of twenty tons or upwards, entitled to be 
 See.'?""' ' documented as a vessel of the United States, other than 
 registered vessels, found trading between district and dis- 
 trict, or l)etween different places in the same district, or 
 carrying on the ffshery, without being enrolled and licensed, 
 and every vessel of less than twenty tons and not less than 
 ffve tons ])urden found trading or carrying on the ffshery 
 as aforesaid without a license obtained as provided by this 
 title shall 1)e liable to a tine of thirty dollars at every port 
 of arrival without such enrollment or license. But if the 
 license shall have expired while the vessel was at sea, and 
 there shall have been no opportunity to renew such license, 
 then said tine of thirty dollars shall not be incurred. 
 
 And so much of section four thousand three hundred and 
 seventy-one of the Revised Statut(\s as relates to vessels 
 entitled to be docum(>nted as vessels of the United States 
 is hereby repealed. 
 R Fi., !,S72. jf any vessel be at sea at the expiration of the time for 
 
 which the license was given, and the master of such vessel 
 shall swear that such was the case, and shall also, within 
 forty-eiglit hours after his arrival, deliver to the collector 
 of the district in which he shall first arrive the license 
 which shall have expired, the forfeiture prescribed in the 
 preceding section shall not ])e incurred, nor shall the ves- 
 sel be liable to pay the fees and tonnage therein required. 
 
BUREAU OF NAViaATION 311 
 
 « AA'hoiH'ver any liconsod vessel is tr:insferr(>d, in Avhole ^- •'''•. w??. 
 or ill part, (o any person who is not at tlie time of such 
 transfer a eiti/en of and resident witliin the United States, 
 or is employed in any other trade tiian that for whicii she 
 is lieensed, or is found with a forg-ed or altered lieense, or 
 one granted for an}' other vessel, sueh vessel with her 
 taekle, apparel, and furniture, antl the cargo, found on 
 hoard Ikm', shall he forfeited. But vessids which nia\' be 
 lieensed for the; mackerel-tishery shall not incur such for- 
 feiture hy engauing in catching cod or tish of any other 
 (h^scription whatever. 
 
 Any merchandise on board any vessel which belongs, in Forfeiture of 
 good faith, to any person other than the master, owner, or ehandise"^ ""^"^ 
 mariners of such vessel, and upon which the duties have R-^;i>s78. 
 l)een paid, or secured according* to law, shall be exempted 
 from any forfeiture under this Title [K. S., 4311-1:300]. 
 
 J n every case where a forfeiture of an}' vessel or mer- k. s., /.firo. 
 chandise shall accrue, it shall l)e the duty of the collector 
 or other proper officer, who shall give notice of the seizure 
 of such vessel or of such merchandise, to insert in the same 
 advertisement tiie name and the place of residence of the 
 person to whom any such vessel and merchandise belonged 
 or were consigned, at the time of such seizure, if the same 
 be known to him. 
 
 All penalties and forfeitures which shall be incurred by -ff. s., i,3so. 
 virtue of this Title [R. S., 1311-1390] may be sued for, prose- 
 cuted, and recovered as penalties and forfeitures incurred 
 I y virtue of the laws relating to the collection of duties, 
 and shall be appropriated in like manner; except when 
 otherwise expressly prescribed. 
 
 TRANSIT OF TTIE ISTHMUS OF PANAMA 
 
 For the purpose of ])etter guarding against frauds upon ^- ■''•. ^^ss. 
 the revenue on foreig-n merchandise transported between 
 the ports of the Atlantic and those of the Pacific overland 
 through any foreign territory, the Secretary of the Treas- 
 ury may appoint special sworn agents as inspectors of the 
 customs, to reside in such foreign territory where such 
 nuM'chandise maybe lanch'd or end)arked, with power to Feb. lu, i9os. 
 su|)erintend tlu^ landing or siiipping of all merchandise, sll.^m'" ^''''^ 
 passing coastwise between the ports of the United States 
 on the J'acitic and tiie Atlantic. It shall be their duty, 
 under such regulations and instructions as the Secretary 
 of tiie Treasuiy luay prescril)^, to guard against the per- 
 petration of frauds upon the revenue. The compensation 
 paid to such inspectors shall not in the aggregate exceed 
 five thousand dollars per annum. 
 
312 BUREAU OF NAVIGATION. 
 
 WRECKS 
 
 wreck's.'* "^^ "^ Whenever any ves.sel of the United States has sustained 
 juneh. 1S7I.. or caused anv accident involvinof the loss of life, the mate- 
 tiec. 10. rial loss or propert}^, or any serious injury to any person, 
 
 or has received any material damage affecting- her seawor- 
 thiness or her efficiency, the managing owner, agent, or 
 master of such vessel shall within five da^'s after the hap- 
 pening of such accident or damage, or as soon thereafter 
 as possible, send, by letter to the collector of customs of 
 the district wherein such vessel belongs or of that within 
 which such accident or daiuiige occurred, a report thereof, 
 signed by such owner, agent, or master, stating the name 
 and official number (if any) of the vessel, the port to which 
 she belongs, the place where she was, the nature and prol)- 
 able occasion of the casualty, the number and names of 
 those lost, and the estimated amount of loss or damage to 
 the vessel or cargo; and shall furnish, upon the request of 
 either of such collectors of customs, such other informa- 
 tion concerning the vessel, her cargo, and the casualty as 
 may be called for; and if he neglect or refuse to comply 
 with the foregoing requirements after a reasonable time, 
 he shall incur a penalty of one hundred dollars. 
 Notification of Whenever the managing owner or agent of anv vessel of 
 
 wreck by owner. , it •, i q, , , » f' • . ''. i -^ 
 
 Sec. lu tne L nited btates has reason, owing to the non-appearance 
 
 of such vessel, or to any other circumstance, to apprehend 
 that such vessel has been lost, he shall, as soon as conven- 
 iently may be, send notice, in writing, to the collector of 
 customs of the port to which said vessel belonged, of such 
 loss, and the prol)a])le occasion thereof stating the name 
 and the official numl)er (if any) of the vessel, and the names 
 of all persons on board, so far as the same can be ascer- 
 tained, and shall furnish, upon request of the collector of 
 such port, such additional information as he may be able; 
 and if he neglect to comply with the a])Ove requirements 
 within a reasonable time, he shall incur a penalty of one 
 hundred dollars. 
 *«^- '-• It shall l)e the duty of the collectors of customs to imme- 
 
 diately transmit to the Secretaiy of the Treasury such 
 reports and information as the}' ma}" receive luider the pro- 
 visions of the two preceding sections, and they shall also 
 report to the Secretary of the Treasury any neglect or re- 
 fusal on the part of the managing owner, agent, or master 
 of any vessel of the United States to comply with the 
 requirements thereof. 
 Sec. IS. The SecretaiT of Commerce and Labor may, upon appli- 
 
 ed wa^., GS9.) cation therefor, remit or mitigate any penalty provided for 
 ^Feb Vi 1903 ^^ ^^^^ Acx., or discontinue any prosecution to recover the 
 i^2siat.,8i!'j.) same, upon such terms as he, in his discretion, shall think 
 proper, and shall have authority to ascertain the facts upon 
 all such applications in such manner and under such regula- 
 tions as he may think proper. All penalties herein pro- 
 vided may be sued for, prosecuted, recovered, and disposed 
 
BUREAU OK NAVIGATION 813 
 
 of in tlu'inaiiiKM-pivscrihiMl hy section l'orty-tlii(>(Oiun(lro(l 
 and live of the K('\ ised Statutes. 
 
 Canadian vossols and wivi-kinu- ai)piirtt'nancc may •''"- „rl.,.ks'"'' ' " " 
 dvv aid and assistance to Canadian or other vessels and Muj/i'j,. /.s.w. 
 proi^M'ty wrecked, disabled, or in distress in the Avaters of ^~'' ''^"''" '~"'^ 
 the I'nited States eontio-uous to the Dominion of Canada: 
 /*rnr/'(/,(/. That this act sliall not take etfcct until ])rocla- 
 niation by the TresitliMit of the United States that the 
 j)ri\ilei»"e of aidinu" American or other vessels and property 
 A\ recked, disal>led. or in distress in Canadian waters con- 
 ti^iuous to the United States has ])een extended by the 
 Government of the Dominion of Canada to American ves- 
 sels and wrecking- appliances of all descriptions. This act -Vm-. ,?, is9j}. 
 shall 1)0 construed to apply to the canal and improvement ^~' '''''"'•' ''"'''•^•) 
 of the waters between Lake P^rie and Lake Huron, and to 
 the waters of the Saint Mary's Kiver and canal: And jn'o- 
 I'tihil fviih('i\ That this act shall cease to be in force from 
 and after the date of the proclamation of the President of 
 the United States to the etiect that said reciprocal privilege 
 has l)een withdrawn, revoked, or rendered inoperative by 
 the said ( Jovernment of the Dominion of Canada. 
 
 Consuls and vice-consuls, in cases where vessels of the wrecks in for- 
 United States are stranded on the coasts of their consu- '^'^",s!,M5s. 
 lates respectively, shall, as far as the laws of the countiy 
 will permit, take proper measures, as well for the purpose 
 of saving the vessels, their cargoes and appurtenances, as 
 for storing and securing the effects and merchandise saved, 
 and for taking inventories thereof; and the merchandise 
 and eti'ects saved, with the inventories thereof so taken, 
 shall, after deducting therefrom the expenses, be delivered 
 to the owners. No consul or vice-consul shall have author- 
 itv to take possession of any such merchandise, or other 
 property, when the master, owner, or consignee thereof is 
 present or capable of taking possession of the same. 
 
 All proj^ertv, of anv description whatsoever, which shall wrecks in 
 
 , . 1 ' A ' ■ 1 1' J.1 n i! il Florida waters. 
 
 be taken from any wreck, from the sea, or from any or the j,.. ,s., ,/,^uc,. 
 keys and shoals, within the jurisdiction of the L^nited States, 
 on the coast of Florida, shall be brought to some port of 
 entry within the jurisdiction of the United States. 
 
 P^very vessel which shall be engaged or employed in n.s.jduo. 
 carrying or transporting any property whatsoever, taken 
 from any wreck, from the sea, or from any of the keys or 
 shoals, within the jurisdiction of the United States, on the 
 coast of Florida, to any fonMgn port, sliall, together with 
 her tackle, apparel, and furniture, be forf(Mted. and all for- 
 feitures incurred by virtue of this section shall accrue, one 
 moiety to the infoi'mer and the otliei' to the I'nited States. 
 
 No vessel, or master thereof, shall l)e regularly employed ^- •"•'•. '''-«• 
 in the business of wrecking on the coast of Florida without 
 th(> license of the judge of the district court for the district 
 of Florida; and, ])eforc licensing any vessel or master, the 
 judge shall l)e satisfied that tne vessel is sea- worthy, and 
 proi)erly and suthciently titt<'d and (Miuijiped for the ))usi- 
 ness of saving property shipwrecked and in distress; and 
 
314 BUKEAU OF NAVIGATION 
 
 that the master thereof is trustworth}', and innocent of an y 
 fraud or misconduct in relation to any proi)erty shipwrecked 
 or sav^ed on the coast. 
 
 KEMISSION OF FINES AND PENALTIES 
 
 Remission of Whenever any person who shall have incurred any line, 
 
 fines and penal- , e i -i. Ti'i-i. i-i.i.j 
 
 ties. penalty, or lorteiture, or disability, or ma}' l)e interested 
 
 R.s.,5->y.>. jj^ ^j^j^^^ vessel or merchandise which lias ))ecome subject to 
 any seizure, forfeiture, or disability ])y authority of any 
 provisions of hiw for imposing- or collecting- any duties or 
 taxes, or relating to registering, recording, enrolling, or 
 licensing vessels, and for regidating the same, or provid- 
 ing for the suppression of insurrections or unlawful com- 
 binations against the United States, shall prefer his petition 
 to the judge of the district in which such tine, penalty, or 
 forfeiture, or disa])ility has accrued, truly and particularly 
 setting forth the circumstances of his case, and shall pray 
 that the same may ))c mitigated or remitted, the judge 
 shall inquire, in a summaiy manner, into the circum- 
 stances of the case; first causing reasonable notice to be 
 given to the person claiming such tine, penalt}', or forfei- 
 ture, and to the attorney of the United States for such 
 district, that each may have an opportunity of showing 
 cause against the mitigation or remission thereof; and 
 shall cause the facts api)earing upon such inquiry to be 
 stated and annexed to the petition, and direct their trans- 
 f''!^-JiY^^i',) ttiiS''^ion to the Secretary of the Treasury [Secretary of 
 Sec. 10." "' ' Commerce and Lal)or in some cases]. The Secretary shall 
 thereupon have power to mitigate or remit such tine, for- 
 feiture, or penalt}^ or remove such disability, or any part 
 thereof, if, in his opinion, the same was incurred without 
 willful negligence, or any intention of fraud in the person 
 incurring the same; and to direct the prosecution, if any 
 has been instituted for the recovery thereof, to cease and 
 be discontinued, ui)on such terms or conditions as he ma}" 
 deem reasona])le and just. 
 Regulations to The Secretary of the Treasury [Secretary of ComiiKU'ce 
 ^'j?!T,''fi293!^' and Lal)or in some cases] is authorized to prescribe such 
 m'sfa't^^w) ^'^^^^^ 'int^ modes of proceeding to ascertain the facts upon 
 Sec! 10 " ~" which an application for remission of a fine, penalty, or 
 forfeiture is founded, as he deems proper, and, upon ascer- 
 taining them, to remit the tine, penalty, or forfeiture, if 
 in his opinion it was incurred without willful negligence 
 or fraud, in either of the following cases: 
 
 First. If the tine, penalty, or forfeiture was imposed 
 under authority of any revenue law, and the amount does 
 not exceed one thousand dollars. 
 
 Second. Where the case occurred within either of the 
 
 collection districts in the States of California or Oregon. 
 
 Third. If the tine, penalt\% or forfeiture was impo.sed 
 
 under authority of any provisions of law relatii.g to the 
 
 importation of merchandise from foreign contiguous ter- 
 
BUREAU OF NAVIGATIO-N' 
 
 815 
 
 ritoiT, or rohiting" to luiiiiifosts for vessels enrolled or 
 licensed to curry on the eotistinn-trudc on the northern, 
 northeastern, and nortlnvest(>rn frontiers. 
 
 " Fifth. 1 f tlu^ tine, i)enaltv, or forfeiture was imposed by 
 authority of any provisions of laws for levyin*;" or eollect- 
 in«i"any duties or taxes, or relating' to rej»-isterino-, reeordino-, 
 enroUiuii, or licensini;" vessels, and the case Jirose within the 
 collection-district of Alaska, or was inijiosed l>v \iitue of 
 anv provisions of hn\ relating- to fur-seals upon the islands 
 of Saint Paul and Saint (leorgv. 
 
 The Secretary of Conuiierce and Labor may, upon appli- 
 cation therefor, remit or mitio-ate any tine, penalty, or 
 forfeiture provided for in laws relating- to vessels or dis- 
 continue any prosecution to recover penalties or relating 
 to forfeit ui'es denounced in such laws, excepting the pen- 
 alty of iin])iisonnicnt or of removal from office, upon such 
 terms as he, in his discretion, shall think proper; and all 
 rights granted to informers by siu*h laws shall be held 
 subject to the Secretary's powers of remission, excei)t in 
 cases Avhere the claims of any informer to the share of any 
 penalty' shall have been determined by a court of compe- 
 tent jurisdiction prior to the application for the remission 
 of the penalty or forfeiture; and the Secretary shall have 
 authority to asceilain the facts upon all such applications 
 in such manner and under such regulations as he may 
 deem proper. 
 
 Any officer or other person entitled to or interested in 
 a ])art or share of any tine, penalty, or forfeiture incurred 
 under any law of the United States, may ))e examined as 
 a ^vitness in anv of the proceedings for the recovery of 
 such tine, penalty, or forfeiture by either of the parties 
 thereto, and such examination shall not deprive such 
 witness of his share or interest in such tine, penalty, or 
 forfeiture. 
 
 AVhenever an}' tine, penalty, forfeiture, exaction, or 
 charge arising Tmder the laws relating- to vessels or seamen 
 has ])een paid to any collector of customs or consular offi- 
 cer, and application has been made within one year from 
 such payment for the refunding or remission of the same, 
 the Secretary of Commerce and I^abor if on investigation 
 he finds that such tine, penalty, forfeiture, exaction, or 
 charge was illegally, improperh', or excessively imposed, 
 shall have the power, either before or after the same has 
 been coveri^d into the Treasury, to refund so much of such 
 fine, penalty, forfeiture, exaction or charge as he may 
 thiidv proper, from any moneys in the Treasury not other- 
 wise ap})ropriated. 
 
 The fines imposed bv sections five [p. 169], six [p. 161], 
 seven [p. 810], and eight [p. 309] of this act shall be sub- 
 ject to remission or mitigation by the Secretary of the 
 Treasury (Conunei-ce and La))Oi') when the offense was not 
 wilfully committed, under such regulations and methods 
 of ascertaining- the facts as may seem to him advisable. 
 
 Procedure. 
 A'. S., r>Jy/,. 
 Dec. ir>, 1S9/,. 
 msuu., syr,.) 
 Mar. 2, ISim. 
 (Z9 Stat., Si).) 
 Feb. 1!,, W():i. 
 (S2 Stat., S^'H.) 
 See. 10. 
 
 R. S., 5295. 
 
 June 26, 1S8/.. 
 (23 Stat., 59.) 
 Sec. 26. 
 
 June 19, 1SS6. 
 {2/, Stat., SI.) 
 Sec. 9. 
 
 "See Sec. 175, next page. 
 
31C BUEEAU OF NAVIGATION 
 
 TRADE WITH ALA8KA 
 
 fsostt^^ilho.) '^^^ collector und deputy coUcetors appointed for Alaska 
 sec.nu.' Territory, and any person authorized in writing ))y either 
 of them, or b}- the Secretary of the Treasury, shall have 
 power to arrest persons and seize vessels and merchandise 
 liable to lines, penalties, or forfeitures under this and the 
 other laws extended over the Territor}^ and to keep and 
 deliver the same to the marshal. [Sec. 10 of the Act of 
 Feb. 14, 1903, bestows this power in certain cases on the 
 Secretary of Commerce and La])or.] 
 ^^°s.?m5l.' ^^ ^^1 cases of tine, penalty, or forfeiture, embraced in 
 
 Mar.' s, 1899. the act approved March three, seventeen hundred and 
 Sec' 175'.' " ninet3'-seven, chapter thirteen [R. S., 5292], or mentioned 
 in any act in addition to or amendatory of such act, that 
 have occurred or may occur in the collection district of 
 Alaska, the Secretar}- of the Treasury is authorized, if in 
 his opinion the tine, penalty, or forfeiture was incurred 
 without wilful negligence or intention of fraud, to ascer- 
 tain the facts in such manner and under such regulations 
 as he may deem proper without regard to the provisions 
 of the act a])ove I'eferred to, and upon the facts so to be 
 ascertained, he may exercise all the power of remission 
 conferred upon him by that act, as fully as he might have 
 done had such facts been ascertained under and according 
 to the provisions of that act. [Sec. 1<), act of Feb. 14, 
 1903, authorizes the Secretary of Commerce and Labor to 
 remit in certain cases above.] 
 Aiaska^^^^ *" Hereafter the Secretary of Commerce and Labor be au- 
 june'ii, 1896. thorized to charge and tix the rates of dockage and wharf- 
 Feb''.'u,'im. iige to be paid l)y an}" private vessel or person allowed to 
 I'iec'lo'" ^"^'^ use said wharf, the said receipts to l)e deposited with the 
 Treasurer of the United States as a miscellaneous receipt 
 derived from Government property; and the Secretary of 
 Commerce and Labor shall direct, by regulation or other- 
 wise, by whom said wharfage and dockage receipts shall 
 be collected, 
 
 ANCHORAGE GROUNDS 
 
 NewYorkBay, ^ho Secretary of Commerce and Labor is authorized, 
 
 3iay lb, 1SS8. . in- 1 1. 1 iTi 1 
 
 (25 Stat, 151.) empowered, and directed to dehne and estabhsh an anehor- 
 fn^' Stat, ^829.) i^ge ground for vessels in the bay and harbor of New York, 
 Sec. 10. and in the Hudson and East Rivers, to adopt suital)le rules 
 
 and regulations in relation thereto, and to take all neces- 
 sary measures for the proper enforcement of such rules 
 and regulations. 
 Mar. 3, 1899. The Act of May sixteenth, eighteen hundred and eighty- 
 
 [30 Stat, 1081.) . , , , ,. , ' i ^ jp 1 • i.u i- i; M 
 
 eight, relating to anchorage of vessels in the port ot JNew 
 York, is hereb}" extended to include the waters of Kill von 
 Kull, Newark Bay, Arthur Kill, and Raritan Bay, 
 f^^stai ^ffi) ^^^ ^^® event of the violation of any such rules or regu- 
 sec.'^. " ' lations b}^ the owner, master, or person in charge of any 
 vessel, such owner, master, or person in charge of such 
 vessel shall be liable to a penalty of one hundred dollars, 
 and the said vessel may be hoklen for the payment of such 
 penalty, and may be seized and proceeded against sum- 
 
BUREAU OF NAV [(NATION 317 
 
 iiiai"il\ l)v libel for tlie iHH'OVorv of the same in any United 
 States district eoui't for the district within which such ves- f f^,svf,/''s'''^, ) 
 sol may he, and in thcMianie of the oilicer desio-nated by sn-.w." 
 the Secretary of Commerce and Laljor. 
 
 The Secretary of Commerce and I^al)or is authorized and bJr''''^^"*''" ""'^' 
 directed to (h'tine and establish aiichorao-e o'rounds for ves- J^<''>- ", isos. 
 sols in the harbors of Chicat;'o, and waters of Lak(^Michio-an r,h. n.^m^i'' 
 adjacent thereto, to adopt suitable rules and rc'Liuhitions in sd'^io"^"''''^ 
 relation to the same, and also to ado))t suital)Ie n.ies and 
 rej^ulations o-overniny the us(> of marked inshore channels 
 in Lake ^iichio-an in front of the city of Chicago, and to 
 take all necessary measures for the i)roper enforcement 
 of such rules and regulations. 
 
 In the event of the violation of anv such rules or re<!fu- '''''• "'- '*'■'• 
 
 ... I ,1 , • . 1 ,. ^ (-V Stat., !,Sl.) 
 
 lations by the owner, master, or person m charge of any >vc. z. 
 vessel, such owner, master, or person in charge of such 
 vessel shall be liable to a penalty of one hundred dollars, 
 and the said vessel may be holden for the payment of such 
 l)enalty, and may be seized and i)roceoded against sum- 
 marily by lilxd for the recovery of the same in any United 
 States district court for the district within which such 
 vessel may be, and in the name of the officer designated 
 by the Secretary of Commerce and Labor. 
 
 The Secretary of Commerce and La})or is authorized, ^ Kennebec Riv- 
 empowered, and directed to define and esta))lish an anchor- Junrfi, irm. 
 age ground for vessels in Kennebec River at or near Bath, pli'^jf/iuai'.'^ 
 Maine, to adopt suitable rules and regulations in relation l,:^^'^^'''*-^) 
 thereto, and to take all necessar}' measures for the proper 
 enforcement of such rules and regulations. 
 
 Li the event of the violation of any such rules or reou- Jmunjuoo. 
 
 1 ,• 1 ,1 , "^ • 1 J. " (31 .Slat., 6S2.) 
 
 lations b}" the owner, master, or person in charge or any see. 2. 
 vessel, such owner, master, or person in charge of such 
 vessel shall ])c liable to a penalt}' of one hundred dollars; 
 and the said vessel may be holden' for the payment of such 
 penalty, and ma}" be seized and pro<;eeded against sum- 
 marily by libel for the recovery of the same in any United 
 States district court for the district within which said ves- J-^eb. 1/,. iuo.h. 
 sel may be, and in the name of the officer designated b}'^ sec^io.'' '^~^'^ 
 the Secretary' of Commerce and I^abor. 
 
 QUARANTINE 
 
 Whenever, by the health-laws of any State, or by the k.s.,u7'js. 
 regulations made pursuant thereto, any vessel arriving 
 within a collection-district of such State is prohibited from 
 coining to the port of entry or delivery by law established 
 fur such district, and such health-laws require or permit 
 the cargo of the vessel to ])e unladen at some other place 
 M'ithin or near to such district, the collector, after due 
 report to him of the whole of such cargo, may grant his 
 warrant or permit for the unlading and discharge ther(^of, 
 under the care of tlic surveyor, or of one or more inspect- 
 ors, at some other place where such health-laws permit, 
 and upon the conditions and restrictions which shall be 
 directed by the Secretary of the Treasury, or which such 
 
318 BUREAU OF NAVIGATION 
 
 collector iiiaj", for the time, deem expedient for the .security 
 of the pul)lic revenue. 
 
 n. ,s'., i,79u. There shall be purchased or erected, under the orders of 
 
 the President, suitable warehouses, with wharves and inclo- 
 sures, where merchandise ma}" be unladen and deposited, 
 from any vessel which shall be subject to a quarantine, or 
 other restraint, pursuant to the health-laws of any State, 
 at such convenient places therein as the safety of the pub- 
 lic revenue and the observance of such health-laws may 
 require. 
 
 M. s., i.795. Whenever the cargo of a vessel is unladen at some other 
 
 place than the port of entr}" or delivery under the fore- 
 going- provisions, all the articles of such cargo shall be 
 deposited, at the risk of the parties concerned therein, in 
 such public or other warehouses or inclosurcs as the col- 
 lector shall designate, there to remain under the joint cus- 
 tody of such collector and of the owner, or master, or other 
 person having charge of such vessel, until the same are 
 entirely unladen or discharged, and until the articles so 
 deposited may be safely removed without contravening 
 such health-laws. And when such removal is allowed, the 
 collector having charge of such articles ma}^ grant permits 
 to the respective owners or consignees, their factors or 
 agents, to receive all merchandise which has been entered, 
 and the duties accruing upon which have been paid, upon 
 the payment by them of a reasonable rate of storage; 
 which shall be iixed by the Secretar^'^ of the Treasury for 
 all public warehouses and inclosures. 
 
 B. s., i796. 'X'he Secretary of the Treasury is authorized, wdienever a 
 
 conformity to such quarantines and health-laws requires it, 
 and in respect to vessels subject thereto, to prolong the 
 terms limited for the entry of the same, and the report or 
 entry of their cargoes, and to vary or dispense with any 
 other regulations applicable to such reports or entries. No 
 part of the cargo of any vessel shall, however, in any case, 
 be taken out or unladen therefrom, otherwise than is 
 allowed by law, or according to the regulations hereinafter 
 established. 
 
 E. s.. U797. Whenever, b}^ the prevalence of any contagious or epi- 
 
 demic disease in or near the place bylaw established as the 
 port of entry for any collection-district, it becomes danger- 
 ous or inconvenient for the officers of the revenue emplo^-ed 
 therein to continue the discharge of their respective offices at 
 such port, the Secretary of the Treasury, or, inhisal)sence, 
 the Comptroller, may direct the removal of the officers of 
 the revenue from such port to any other more convenient 
 place, within, or as near as may be to, such collection-dis- 
 trict. And at such place such officers ma}^ exercise the 
 same powers, and shall be lialjle to the same duties, accord- 
 ing to existing circumstances, as in the port or disti'ict 
 established by law. Public notice of any such removal 
 shall be given as soon as may be. 
 
BUREAU OF NAVIGATION 319 
 
 LIAHIMTV OF OFFICEUS FOR FAILURE TO PERFORM DUTIES 
 
 If any roiisul or commercial agent neglects or omits to i^- ■'^■< i'Se. 
 ptM'form. s(>as()iial)ly. tlie duties imposed upon him l)v the; 
 laws regulating' the shipment and discharge of seamen, and 
 the reclamation of desei'ters on hoai'd or from vessels in 
 foreign jjorts, or is guilty of any malversation or a])use of 
 ])o\ver, he shall l)e lial)le to any injured person for all 
 damag(» occasioned thereby; and for all malversation and 
 corrupt conduct in office, he shall be punisha])le by impris- 
 oiunent for not more than five years and not less than one, 
 and by a tine of not more than ten thousand dollars and not 
 less than one thousand. 
 
 Every otHccr who neglects or refuses to make any return ^- •'''•' ^'S". 
 or report which he is required to make at stated times by 
 any act of Congress or regulation of the Department of 
 the Trt^asury (Coumierce and Labor), other than his 
 accounts, within the time prescril)ed by such act or regu- 
 lation, shall l)e fined not more than one thousand dollars 
 and not less than one hundred. 
 
 ARMAMENT 
 
 Every person who, within the limits of the United States, . -K. s., szss. 
 tits out and arms, or attempts to fit out and- arm, or pro- 
 cures to l)e fitted out and armed, or knowingly is concerned 
 in the furnishing, fitting out, or arming, of any vessel, with 
 intent that such vessel shall be employed in the service of 
 any foreign prince or state, or of any colon}^ district, or 
 people, to cruise or commit hostilities against the subjects, 
 citizens, or property of any foreign prince or state, or of 
 an}- colony, district, or people, with whom the United States 
 are at peace, or who issues or delivers a commission within 
 the territor}' or jurisdiction of tjie United States, for any 
 vessel, to the intent that she ma}^ be so employed, shall be 
 deemed guilty of a high misdemeanor, and shall be fined 
 not more than ten thousand dollars, and imprisoned not 
 more than three years. And ever}^ such vessel, with her 
 tackle, apparel, and furniture, together with all materials, 
 arms, amnumition. and stores, which may have been pro- 
 cured for the building and equipment thereof, shall be 
 forfeited: one-half to the use of the informer, and the other 
 half to the use of the United States. 
 
 The owners or consignees of every armed vessel sailing ^.^^^^^Jf^^*""'^'"™'^'^ 
 out of th(> ports of the United States, belonging wholly or k.is.,528<j. 
 in part to citizens thereof, shall, before clearing out the 
 same, give bond to the United States, with sufficient sure- 
 ties, in double the amount of the value of the vessel and 
 cargo on board, including her armament, conditioned that 
 the vessel shall not be employed by such owners to cruise 
 or connnit hostilities against the subjiH-ts, citizens, or prop- 
 erty of any foreign prince or state, or of any colony, dis- 
 trict, or people, with whom the United States are at peace. 
 
320 
 
 BUREAU OF NAVIGATION 
 
 wI'dikTve^eis!^ '^*^c several collectors of the customs shall detain any 
 ii.s.,52'jo. vessel manifestly built for warlike pur})oses, and about to 
 depart the Tnited States, the cargo of which principally 
 consists of arms and nuuiitions of war, when the numl)er 
 of men shipped on board, or other circumstances, render 
 it pr()l)a))le that such vessel is intended to be employed by 
 the owners to cruise or conmiit hostilities upon the sub- 
 jects, citizens, or property of any foreign pi-jnee or state, 
 or of any colony, district, or people with whom the rnited 
 States are at peace, until the decision of the President is 
 had thereon, or until the owner gives such l)ond and 
 security as is reijuired of the owners of armed vessels by 
 the precedino- section. 
 
 ntuumiuv'i.uv^° The prcnisions of this Title [R. S. 5281-5291] shall not be 
 A', s., 5hi. ' construed to extend to any subject or citizen of any foreif]fn 
 prince, state, colony, district, or people who is transiently 
 within the United States, and enlists or enters himself on 
 board of ajiy vessel of war, letter of marque, or privateer, 
 which at the time of its arrival within the United States w\as 
 fitted and ecpiipped as such, or hires or retains another 
 subject or citizen of the same foreit>-n prince, state, colon}^ 
 district, or people, who is transiently within the United 
 States, to enlist or enter himself to serve such foreio'n 
 prince, state, colony, district, or people, on hoard such 
 vessel of war, letter of marque, or privateer, if the United 
 States shall then be at peace with such foreion prince, 
 state, colony, district, or people. Nor shall they be con- 
 strued to prevent the prosecution or punishment of trea- 
 son, or of any piracy defined by the hiws of the United 
 States. 
 
 GUANO ISLANDS 
 
 Guano i.sliii 
 if. S., 5570. 
 
 Discovery. 
 li. S., 5571. 
 
 Whenever any citizen of the United States discoA'ers a 
 deposit of guano on any island, rock, or kc}\ not within 
 the lawful jurisdiction of an}- other government, and not 
 occupied by the citizens of any other government, and 
 takes pt^aceable possession thereof, and occupies the same, 
 such island, rock, or key may, at the disci'ction of the 
 President, l)e considered as ap]i(M'taining to the Um'ted 
 States. 
 
 Th(> discoverer shall, as soon as ])ra(ti(al)le. give notice, 
 verified hy aHidavit, to the l)e[)artment of State, of such 
 discovery, occupation, and possession, desciihing tlu^ island, 
 rock, or key, and the latitude and longitude thereof, jvs 
 lu^ar as may be, and showing that such ])ossession was 
 taken in the name of the United States; and shall fui'nisli 
 satisfactory (evidence to the State Department that sucii 
 island, rock, or key was not. at the time of the discovery 
 th(M"eof, or of the taking ])()ss(\ssion and()ccu})ation thereof 
 by the claimants, in the po.-sivssion or occupation of any 
 ()th(M' g()\ (M'nmcnt or of th(> citizens or any other govern- 
 ment, before the sam(> shall be consitlered as appertaining 
 to the United States. 
 
BUREAU OB^ NAVIGATION 821 
 
 If till' (liscovoivr (lies l)ct'oro perfoctino- proof of discov- .,^'^'^*"^'"'"^''" 
 
 £•11 1 • • I I . . ~ ' , , 1 itrtiK'e. 
 
 cry oi" lully coniplyin*>" with the i)rovision.s or the ])reoecl- h'.s..o573!. 
 ino; section, his widow, heir, executor, or adniinistrutor, 
 shall be entitled to the lieneHts of such discovery, upon 
 complying with the provisions of this Title |R. S. 5570- 
 5578J; but nothing;- herein shall be held to impair any 
 rights of discovery or any assignment by a discoverer 
 heretofore recognized l)y the United States, 
 
 The discoverer, or his assigns, being citizens of the ,,^^1^'^''' "' '"■'"'■ 
 United States, may l)e allowe(l, at the pleasure of Con- /;. n., -wr.j. 
 gress, the exclusive right of occupying such island, rocks, 
 or ke3's, for the purpose of obtaining guano, and of sell- 
 ing and delivering the same to citizens of the United 
 States, to be used therein, and may be allowed to charge 
 and receive for every ton thereof delixered alongside a 
 vessel, in proi)er tubs, within reach of ship's tackle, a sum 
 not exceeding eight dollars per ton for the best (jualit}', 
 or four dollars for every ton taken while in its native 
 place of deposit. 
 
 No guano shall l)e taken from ain' such island, I'ock, or uso'^^or \'nit"(i 
 kii}\ except for the use of the citizens of the United States stntos citizens. 
 o'r of persons resident therein. The discoverer, or his ■'■">"■ 
 widow, heir, executor, adniinistrator, or assigns, shall enter 
 into bond, in such penalty and with such sureties as may 
 l)e reipiired liy the President, to deliver the guano to citi- 
 zcMis of the United States, for the purpose of being used 
 therein, and to none others, and at the price prescribed, 
 and to jirovide all necessary facilities for that purpose 
 within a time to be tixed in the bond; and any breach of 
 the provisions thereof shall be deemed a forfeiture of all 
 rights accruing under and by virtue of this Title [R. S., 
 5570-55781. This section shall, however, be suspended in 
 relation to all persons Avho have complied with the provi- 
 sions of this Title, for five years from and after the four- 
 teenth day of Juh", eighteen hundred and seventy-two. 
 
 The introduction of guano from such islands, rocks, or ^- ^■' •'■''^•''■ 
 key^s, shall be regulated as in the coasting trade between 
 difterent psirts of the United States, and the same laws 
 shall govern the vessels concerned therein. 
 
 All acts done, and offenses or crimes committed, on ^»y isi^i'ia''^''''''"" "' 
 such island, rock, or key, by persons who may land thereon, k. s'., sry/o. 
 or in the waters adjacent thereto, shall be deemed com- 
 mitted on the high seas, on board a merchant-ship or ves- 
 sel belonging to the United States; and shall be punished 
 according to the laws of the United States relating to such 
 shi[)s or vessels and ofl'enses on the high seas, which laws 
 for the purpose aforesaid are extended over such islands, 
 rocks, and keys. 
 
 The President is authorized, at his discretion, to employ ^- ■'''•• ^^'''^■ 
 the land and naval forces of the United States to protect 
 the rights of the discoverer or of his widow, heir, executor, 
 administrator, or assigns. 
 27628—04 21 
 
322 IJUEEAU OF NAVIGATION 
 
 ii.s.,557s. Nothing- in this Title [R. S., 5570-5578] contained shall 
 
 be construed as obliging the United States to retain ])os- 
 session of the islands, rocks, or keys, after the guano shall 
 have been removed from the same. 
 
 MASTER OR CREW GUILTY OF UNLAWFUL ACTS 
 
 R. s., 1,295. The commander and crew of any merchant-vessel of the 
 
 United States, owned wholly, or in part, by a citizen 
 thereof, may oppose and defend against any aggression, 
 search, restraint, depredation, or seizure, which shall be 
 attempted upon such vessel, or upon any other vessel so 
 owned, by the commander or crew of any armed vessel 
 whatsoever, not being a public armed vessel of some nation 
 in amity with the United States, and may subdue and caji- 
 ture the same; and may also retake any vessel so owned 
 which may have been captured by the commander or crew 
 of an}^ such armed vessel, and send the same into any port 
 of the United States, 
 procwfure. '""^ Whenever any vessel, which shall have been built, pur- 
 
 R. s., /.296. chased, litted out in whole or in part, or held for the pur- 
 pose of being emplo3"ed in the commission of any piratical 
 aggression, search, restraint, depredation, or seizure, or 
 in the commission of any other act of piracy as defined by 
 the law of nations, or from which any piratical aggression, 
 search, restraint, depredation, or seizure shall have been 
 first attempted or made, is captured and brought into or 
 captured in any port of the United States, the same shall 
 be adjudged and condemned to their use, and that of the 
 captors after due process and trial in any court having 
 admiralty jurisdiction, and which shall be holden for the 
 district into which such caj^tured vessel shall be brought; 
 and the same court shall thereupon order a sale and dis- 
 
 ooiiaemnatidii ^^"^^^^^^^^'^ thereof accordingly, and at its discretion. 
 of vessel. Any vcsscl built, purchased, fitted out in whole or in 
 
 M. ^., itna?. part, or held for the purpose of being employed in the 
 commission of any piratical aggression, search, restraint, 
 depredation, or seizure, or in the comuiission of any other 
 act of pirac}", as defined b}^ the law of nations, shall be 
 liable to be captured and brought into any port of the 
 United States if found upon the high seas, or to ])e seized 
 if found in port or place within the United States, whether 
 the same shall have actually sailed upon any piratical 
 expedition or not, and whether any act of piracy shall 
 have been committed or attempted upon or from such 
 vessel or not; and any such vessel may be adjudged and 
 condemned, if captured by a vessel authorized as herein- 
 after mentioned, to the use of the United States and to 
 that of the captors, and if seized l)y a collector, surveyor, 
 or mai'shal, then to the use of the United States. 
 
 js. .«?., i298. rpi^^ President is authorized to instruct the commanders 
 
 of the public armed vessels of the United States, and to 
 authorize the commanders of any other armed vessels sail- 
 ing under the authority of any letters of marque and 
 reprisal granted by Congress, or the commanders of any 
 
, BUREAU OF NAVIGATION 323 
 
 other suil;it»l(^ vessels, to sulxliu', seize, take, and, if on 
 the hiyh seas, to send into any port of the Lhiited States, 
 any vessel or boat huilt, purchased, fitted out, or held as 
 nientioniHJ in the j)recediny section. 
 
 riie collectois of the s(>\ei'al ports of entry, the survey- r.s.,u29o. 
 oi's of the several ports of delivery, and the nmrshals of 
 the several judicial districts within the United States, 
 sliall seize any vessel or boat l)uilt, purchased, fitted out, 
 or held as mentioned in section forty-two hiuidred and 
 ninety-seven, which may be found within their respective 
 ports or districts, and to cause the same to ])e proceeded 
 against and (lisj)osed of as provided by that section. 
 
 Every cai)taiii. other otlicer. or mariner, of a vessel on ii.s.,5S83. 
 the hiyh seas, or on any other waters within the admiralty 
 and maritime jurisdiction of the United States who pirat- 
 ically or feloniously runs away with such vessel, or with 
 any «!,oods or merchandise thereof, to the value of tift}' 
 dollars, or who yields up such vessel voluntarily to au}^ 
 pirate, shall ])e tined not more than ten thousand dollars, 
 or imprisoned at hard labor not more than ten vears, or 
 both. 
 
 If any person attempts or endeavors to corrupt any com- n. s., sssu. 
 mander, master, othcer, or mariner to yield up or to run 
 away with any vessel, or an}" goods, wares, or merchan- 
 dise, or to turn pirate, or to go over to or confederate w^ith 
 pirates, or in any wise to trade with an}" pirate, knowing 
 him to be such, or furnishes such pirate with any ammuni- 
 tion, stores, or provisions of any kind, or tits oat any ves- 
 sel knowingly and with a design to trade with, supply, or 
 con-espond with any pirate or robber upon the seas; or if 
 any person consults, combines, confederates, or corresponds 
 with any pirate or rol)ber upon the seas, knowing him to be 
 guilty of any piracy or robbery; or if any seaman conhnes 
 the master of any vessel, he shall >])e imprisoned not more 
 than three years, and fined not more than one thousand 
 dollars. 
 
324 BUEEAU OF NAVIGATION 
 
 RULES TO PREVENT COLLISIONS 
 
 Dutr to stay jjj eveiy case of collision between two vessels it shall be 
 Sept. i, 1S90. tbe duty of the master or person in charge of each vessel, 
 (26 Stat, u'Z5.) jf jjj^(-| yQ f j^j. .^y ]^g (.j^j^ ^Q gQ without serious danger to his 
 
 own vessel, creAv, and passengers (if any), to stav by the 
 other vessel until he has ascertained that she has no need 
 of further assistance, and to render to the other vessel, her 
 master, crew, and passengers (if any), such assistance as 
 may be practicable and as may be necessary in order 
 to save them from an}^ danger caused by the collision, and 
 also to give to the master or person in charge of the other 
 vessel the name of his own vessel and her port of registry, 
 or the port or place to w^hich she ])elongs, and also the 
 name of the ports and places from which and to which she 
 is bound. 
 
 If he fails so to do, and no reasonable cause for such fail- 
 ure is shown, the collision shall, in the absence of proof to 
 the contrar}^, be deemed to have been caused by his wrong- 
 ful act, neglect, or default. 
 
 Penalty' for Every master or person in charge of a United States ves- 
 a^sisfancef^"^*^' '^sl who fails, without reasonable cause, to render such 
 
 -Sec. 2. assistance or give such information as aforesaid shall be 
 
 deemed guilty of a misdemeanor, and shall be liable to a 
 penalty of one thousand dollars, or imprisonment for a 
 term not exceeding two years; and for the above sum the 
 - vessel shall be liable and may be seized and proceeded 
 against by process in any district court of the United 
 States by any person; one-half such sum to be payable to 
 the informer and the other half to the United States. 
 
 International Rules of 1897 
 
 p6%tat ^3^0) '^^^^ following regulations for preventing collisions at 
 sea shall be followed by all public and private vessels of the 
 United States upon the high seas and in all waters con- 
 nected therewith, navigable by sea-going vessels. 
 H/«";''uf';!i""^'^^' I" the following rules every steam vessel which is under 
 sail and not under steam is to be considered a sailing-vessel, 
 and every vessel under steam, whether under sail or not, is 
 to be considered a steam-vessel. 
 
 The word "steam- vessel" shall include any vessel pro- 
 pelled by machinery. 
 
 A vessel is "under way"" within the meaning of these 
 rules when she is not at anchor, or made fast to the shore, 
 or aground. 
 
 II. — Lights and so forth 
 
 The word "visible" in these rules when applied to lights 
 shall mean visible on a dark night with a clear atmosphere. 
 
BUREAU OF NAVIGATION 825 
 
 Article 1. Tho rules (•(Micorninii- liohts slmll l)o com- 
 plied with in all weathers from sunset to sunrise, and dur- 
 \\vj; such time no otluM' lights wliieli may 1)0 mistaken for 
 I he prescribed liii-hts shall !)(> exhihited. 
 
 AuT. 2. A steam-vessel when under way shall carry — sHs'-Vmi8uiead 
 (a) On or in front of the foremast, or if a vessel without a •'>-'''{■ 
 foremast, then in tho fore part of the vessel, at a height 
 al)ove the hull of not loss than twenty feet, and if the 
 breadth of tho vessel exceeds twenty feet, then at a height 
 above the hull not less than such breadth, so, however, 
 that the light need not be carried at a greater height above 
 the hull than forty feet, a bright white light, so constructed 
 as to show an unbroken light over an arc of the horizon of 
 twenty ])oints of the compass, so lixed as to throw tho light 
 ten ])oints on each side of th(^ vessel, namely, from right 
 ahead to two ])oints abaft the l)eam on either side, and of 
 such a character as to l)o visible at a distance of at least 
 five miles. 
 
 (b) On the starboard side a green light so constructed seL^std^ li^hte 
 as to show an unbroken light over an arc of the horizon of 
 
 ten points of tho compass, so fixed as to throw the light 
 from right ahead to two points abaft the beam on the star- 
 board side, and of such a character as to bo visible at a 
 distance of at least two miles. 
 
 (c) On the port side a red light so constructed as to show 
 an unbroken light over an arc of the horizon of ten points 
 of th(> compass, so tixed as to throw tho light from right 
 ah(^a(l to two points abaft the beam on tho port side, and 
 of such a character as to be visible at a distance of at least 
 two miles. 
 
 (d) The said green and rod side-lights shall bo fitted with 
 inboard screens; ])rojecting at least three fe(>t forward from 
 tho light, so as to prevent those lights from being seen 
 across the bow. 
 
 (o) A steam- vessel when under way may carry an addi- ^ (^^i^s-TanVe 
 tional white light similar in construction to the light men- iigius. 
 tionod in subdivision (a). These two lights shall bo so 
 plac(Hl in line with the keel that one shall l)o at least fifteen 
 feet higher than the other, and in such a position w4th ref- 
 erence to each other that tho lower light shall l)e forward 
 of tho uppiM- one. Tho vortical distance between these 
 lights shall bo loss than the hoi'izontal distance. 
 
 A i{T. o. A stoam-v(»ssel when towing another vessel shall, i^^^"™ vessels 
 
 ,,.. , -ii-i 1-1 !• 1-1 when towiiiK- 
 
 ui addition to her side-lights, carry two brigtit white lights 
 ill a vortical line one over the other, not less than six feet 
 apart, and when towing more than one vessel shall carry 
 an additional bright Aviiite light six feet above or below 
 such light, if tho length of tho tow measuring from the 
 stern of the towing vessel to tho stern of tho last vessel 
 towed exceeds six hundred feet. Kacli of those lights shall 
 l>e of the same construction and character, and shall bo 
 carried in the same position as the white light mentioned 
 
326 BUREAU OF NAVIGATION 
 
 in article two (a), excepting the additional light, which 
 may be carried at a height of not loss tiian fourteen feet 
 above the hull. 
 
 Such steam-vessel may carry a small white light abaft 
 the funnel or aftermast for the vessel towed to steer by, 
 but such light shall not be visible forward of the beam. 
 Special lights. Art. 4. (a) A vcsscl which from any accident is not 
 under command shall carry at the same height as a white 
 light mentioned in article two (a), where they can best be 
 seen, and if a steam-vessel in lieu of that light, two red 
 lights, in a vertical line one over the other, not less than 
 six feet apart, and of such a character as to be visible all 
 around the horizon at a distance of at least two miles; and 
 shall l\v day carry in a vertical line one over the other, 
 not less than six feet apart, where they can best be seen, 
 two black balls or shapes, each two feet in diameter. 
 
 (li) A vessel employed in laying or in picking up a tele- 
 graph cable shall carry in the same position as the white 
 light mentioned in article two (a), and if a steam- vessel in 
 lieu of that light, three lights in a vertical line one over 
 the other not less than six feet apart. The highest and 
 lowest of these lights shall l)e red, and the middle light 
 shall ))e white, and they shall be of such a character as to 
 be visible all around the horizon, at a distance of at least 
 two miles. By day she shall carry in a vertical line, one 
 over the other, not less than six feet apart, where they can 
 best be seen, three shapes not less than two feet in diam- 
 eter, of which the highest and lowest shall be globular in 
 shape and red in colo]", and the middle one diamond in 
 shape and white. 
 
 (c) The vessels referred to in this article, when not 
 making way through the water, shall not carry the side- 
 lights, but when making way shall carry them. 
 
 (d) The lights and shapes required to be shown by this 
 article are to be taken by other vessels as signals that the 
 vessel showing them is not under command and can not 
 therefore get out of the way. 
 
 These signals are not signals of vessels in distress and 
 requiring assistance. Such signals are contained in article 
 thirty-one. 
 in^^^vessei's'^ alid -^^T. 5. A Sailing vcsscl uudcr wa}^ and any vcsscl being 
 vesseis'in tow. towcd shall carrv the same lights as are prescril)ed by arti- 
 cle two for a steam-vessel under way, with the exception 
 of the white lights mentioned therein, which they shall 
 never carry. 
 ve^'slis"'^"'^''"^'^^^ Art. 6. Whenever, as in the case of small vessels under 
 way during bad weather, the green and red side-lights can 
 not be fixed, these lights shall be kept at hand, lighted 
 and ready for use; and shall, on the approach of or to 
 other vessels, be exhibited on their respective sides insuf- 
 ficient time to prevent collision, in such manner as to 
 
BURKAtr OF NAVIGATION 827 
 
 make tluMii most visil)l(\ imd so that the green light shall 
 not l)e soon on the port sido nor tho rod light on tho star- 
 hoard side, t)or, if praotioahU', nioiv than two])oints :ihaft 
 tlio boani on thoir rospootivo sidos. To iniiko tho nsc of 
 thoso i)()i-tal)lo liglits nioro oortiiin and easy tho hmtorns 
 containing thoni shall each ho painted outside witli the 
 color of tho light thoy respectively contain, and shall be 
 provided with proper screens. 
 Akt. 7. Steam-vessels pf less than forty, and vessels i>if^'i>t^f"r^""i!i 
 
 1 -1 £ 1 lu i. i. i. " ^ stfiiin and s.iil 
 
 nnd(M' oars or sails or less than twenty tons gross tonnage, vessels „i„i «\„-n 
 respectively, and rowing ])oats. wlu>n underway, shall not '" j/ai/ -\s', ww. 
 ho re(|uirod to carry tho lights nuMitionod in article two (-•'>'"■''''«<•. s^.j 
 (a), (b), and (c). l)ut if thoy do not carry them they shall 
 be provided with the following lights: 
 First. Steam-vessels of less than forty tons shall carry— 
 
 (a) Jn tho fore part of the vessel or on or in front of 
 the funnel, where it can best be scon, and at a height aliove 
 the gunwale of not less than nin(> feet, a bright white light 
 constructed and tixed as prescri))ed in article two (a), and 
 of such a character as to be visible at a distance of at least 
 two miles. 
 
 (b) Green and red side-lights constructed and iixod as 
 proscribed in article two (b) and (c). and of such a charac- 
 ter as to be visible at a distance of at least one mile, or a 
 combined lantern showing a green light and a red light 
 from right ahead to two points abaft the beam on their 
 respective sides. Such lanterns shall be carried not less 
 than three feet below the w hite light. 
 
 Second. Small steamboats, such as are carried bv seago- 
 ing vessels, may carry the white light at a less height than 
 nine feet a))ove the gunwale, but it shall bo carried above 
 the coml)ined lantern mentioned in suljdivision one (b). 
 
 Third. Vessels under oars or sails of less than twent}'^ 
 tons shall have ready at hand a lantern with a green glass 
 on one side and a red glass on ^the other, which, on the 
 approach of or to other vessels, shall be exhibited in suffi- 
 cient time to prevent collision, so that the green light shall 
 not be seen on the port side nor the red light on the star- 
 board side. 
 
 Fourth. Rowing boats, whether under oars or sail, shall 
 have ready at hand a lantern show ing a w hite light which 
 shall bo temporarily exhibited in suflicient time to prevent 
 collision. 
 
 The vessels referred to in this article shall not be ol)ligcd 
 to carr}' the lights prescribed by article four (a) and article 
 eleven, last paragraph, 
 
 AiiT. 8. Pilot- vessels when engaged on their station on ^.J^r^^'}^^'^ ^"'" t'''''' 
 pilotage duty shall not show tho lights recpiired for other aihi.'w, isuo. 
 vessels, but shall carry a white 1 ight at the masthead, visible *~'' '^'"'" '^"''■^ 
 all around the horizon, and shall also exhibit a flare-up 
 light or flare-up lights at short intervals, which shall never 
 exceed fifteen minutes. 
 
328 , BUREAU OF NAVIGATION 
 
 On the near approach of or to other vessels they shall 
 have their side-lights lighted, ready for use, and shall flash 
 or show them at short interv^als, to indicate the direction in 
 which they are heading, but the green light shall not be 
 shown on the port side, nor the red light on the starboard 
 side. 
 
 A pilot- vessel of such a class as to be obliged to go 
 alongside of a vessel to put a pilot on board may show the 
 white light instead of carr3'ing it at the masthead, and ma}^, 
 instead of the colored lights aliove mentioned, have at hand, 
 ready for use, a lantern with green glass on the one side 
 and red glass on the other, to be used as prescribed above. 
 (si'dai ^30^) Pilot-vessels when not engaged on their station on pilot- 
 secl 1, 'i. age duty shall carry lights similar to those of other vessels 
 of their tonnage. 
 
 A steam-pilot vessel, when engaged on her station on 
 pilotage duty and in waters of the United States, and not at 
 anchor, shall, in addition to the lights required for all pilot 
 boats, carry at a distance of eight feet below her white mast- 
 head light a red light, visible all around the horizon and of 
 such a character as to be visible on a dark night with a clear 
 atmosphere at a distance of at least two miles, and also the 
 colored side lights required to be carried by vessels when 
 under way. 
 
 When- engaged on her station on pilotage duty and in 
 waters of the United States, and at anchor, she shall carry 
 in addition to the lights required for all pilot boats the red 
 light above mentioned, but not the colored side lights. 
 
 When not engaged on her station on pilotage duty, she 
 
 shall carry the same lights as other steam vessels. 
 
 Lights, etc., of Art. 9. [Article nine, act of August 19, 1S90, was re- 
 
 ^^a^.s^mf.' pealed by act of May 28, 1894, and article 10, act of March 
 
 AmX'mV 3. 1885, was reenacted in part by act of August 18, 1894, 
 
 (•26 Stat, S2s) and is reproduced here in part as ai'ticle 9. It will be the 
 
 {28^sf.at.!lf.) object of further consideration ])y the maritime powers.] 
 
 iisktat.jfsi.) Fishing-vessels of less than twenty tons net registered 
 
 .tonnage, when under way and when not having their nets, 
 
 trawls, dredges, or lines in the water, shall not be obliged 
 
 to carry the colored side lights; but every such vessel shall 
 
 in lieu thereof have ready at hand a lantern with a green 
 
 glass on the one side and a red glass on the other side, and 
 
 on approaching to or being approached by another vessel 
 
 such lantern shall be exhibited in sufiicient time to prevent 
 
 collision, so that the green light shall not be seen on the 
 
 port side nor the red light on the starboard side. 
 
 Lights for fish- The following portion of this article applies only to 
 
 Eifropearfcoasts. tishing-vcssels and boats when in the sea off the coast of 
 
 Europe lying north of Cape Fini.sterre: 
 
 (a) All Ashing- vessels and fishing- boats of twenty tons 
 net registered tonnage or upward, when under way and 
 when not having their nets, trawls, dredges, or lines in the 
 
BUREAU OF NAVIGATION 329 
 
 wutor, slijill etirry iind show the same lights as othei' ves- 
 sels under way. 
 
 (I)) All vessels when enoaged in tishing- with drift-nets 
 shall exhibit two white ligTits from any part of the vessel 
 where they can he best seen. 8ueh lights shall be placed 
 so that the vertical distance between them shall be not less 
 than six feet and not more than ten feet, and so that the 
 horizontal distance between them, measured in aline with 
 the keel of the vessel, shall be not less than five feet and 
 not more than ten feet. The lower of these two lights shall 
 be the more forward, and t)oth of them shall be of such a 
 character and contained in lanterns of such construction as 
 to show all round the horizon, on a dark night, with a clear 
 atmosphere, for a distance of not less than three miles. 
 
 (c) All vessels when trawling, dredging, or fishing with 
 any kitid of drag nets shall exhibit, from some part of the 
 vessel where they can be best seen, two lights. One of 
 these lights shall l)e red and the other shall be white. The 
 red light shall l)e above the white light, and shall be at a 
 vertical distance from it of not less than six feet and not 
 more than twelve feet; and the horizontal distance between 
 tluMu. if any. shall not l)e more than ten feet. These two 
 lights shall be of such a character and contained in lan- 
 terns of such construction as to be visible all round the 
 horizon, on a dark night, with a clear atmosphere, the 
 white light to a distance of not less than three miles, and 
 the red light of not less than two miles. 
 
 (d) A vessel employed in line-fishing, with her lines out, 
 shall carry the same lights as a vessel when engaged in 
 fishing with drift-nets. 
 
 (o) If a vessel, when fishing with a trawl, dredge, or anv 
 kind of drag-net, becomes stationary in consequence of 
 her gear getting fast to a rock or other obstruction, she 
 shall show the light and make the fog-signal for a vessel 
 at anchor. 
 
 (f) Fishing-vessels may at any time use a flare-up in 
 addition to the lights which they are by this article required 
 to carry and show. All fiareup-lights exhibited by a ves- 
 sel when trawling, dredging, or fishing with an}' kind of 
 drag-net shall be shown at the after-part of the vessel, 
 excepting that if the vessel is hanging by the stern to her 
 trawl, dredge, or drag-net, they shall be exhibited from the 
 bow. 
 
 (g) Every fishing-vessel when at anchor between sunset 
 and sunrise shall exhibit a white light, visible all round 
 the horizon at a distance of at least one mile. 
 
 (h) In a fog a drift-net vessel attached to her nets, and 
 a vessel when trawling, dredging, or fishing with any kind 
 of drag-net. and a vess(d employed in line fishing with her 
 lines out, shall, at intervals of not more than two minutes, 
 make a blast with her fog-horn and ring her bell alter- 
 natel}'. 
 
330 BFREATT OF NAVTGATTOIS" 
 
 ovwukenvesser -^RT. 10. A vessel whicli is being overtaken ])\ another 
 Aug. 19, 1890. shall whow from her stern to such last-mentioned vessel a 
 (26 Stat, S2!..) ^j^.j.^ ,jg.j^^ ^^^. ^ tlare-up lig-ht. 
 
 The white light re([uiredto be shown })y this article may 
 be fixed and carried in a lantern, but in such case the lan- 
 tern shall be so constructed, fitted, and screened that it 
 shall throw an unbroken light over an arc of the horizon 
 of twelve points of the compass, namely, for six points 
 from right aft on each side of the vessel, so as to l)e visi- 
 ble at a distance of at least one mile. Such light shall be 
 carried as nearly as practicable on the same level as the 
 side lights. 
 Anchor lights. j^^^ ^ ^ vcssel undcr one hundred and fifty feet in 
 length when at anchor shall carry forward, where it can 
 best be seen, but at a height not exceeding twenty feet 
 al)oye the hull, a white light, in a lantern so constructed 
 as to show a cleai', uniform, and unlu'oken light visible all 
 around the horizon at a distance of at least one mile. 
 
 A vessel of one hundred and fift}^ feet or upwards in 
 length, when at anchor, shall carry in the forward part of 
 the vessel, at a height of not less than twenty and not 
 exceeding forty feet above the hull, one such light, and at 
 or near the stern of the vessel, and at such a height that 
 it shall ho not less than fifteen feet lower than the forward 
 light, another such light. 
 
 The length of a vessel shall be deemed to be the length 
 appearing in her certificate of registry. 
 
 A vessel aground in or near a fair-way shall carry the 
 above light or lights and the two red lights prescriljed by 
 article four j(a). 
 Special signals. Art. 12. Evcry vcsscl may, if necessary in order to 
 attract attention, in addition to the lights which she is 
 by the.se rules required to carry, show a flare-up light or 
 use any detonating signal that can not l)e mistaken for a 
 distrt\ss signal. 
 a..KL,gn?tion Art. 13. Nothing in these rules shall interfere with the 
 signals. Operation of any special rules made by the Government of 
 
 any nation with respect to additional station and signal- 
 lights for two or more ships of war or for vessels sailing 
 under convoy, or with the exhibition of recognition sig- 
 nals adopted by ship-owners, which have been authorized 
 ])y their respective Governments and duly registered and 
 pul)lished. 
 steam vessel Art. 14. A stcam-vcssel proceeding under sail only but 
 
 under sail by, • i i- i u n • ^ *-• x- "^ j 
 
 day. having her funnel up, shall carry in day-time, lorwarci, 
 
 where it can best be seen, one black ball or shape two feet 
 in diameter. 
 
BUREAU OF NAVICJATION 831 
 
 ITT. — SoIND 8l(iNAl.S IN I'oc, KTC. 
 
 riii:i,iMiN.\KV 
 
 Akt. 15. All siu-iials |)r{\siTil)(Ml by this jirticic for vcssols nifiniiiuns „{ 
 mulei- way shiiU i)o oiviMi: ^^ ^ "'':llu!rio, i,m. 
 
 First. By ''stoain vessels" on tho whistle or sircMi. (.m stat., i^hl) 
 
 Seeond. By '"sailino" vessels" and ''vessels towed" on 
 the t"o«i' horn. 
 
 The words " prolono-ed blast" used in this article shall 
 mean a blast of from four to six seconds duration. 
 
 A steam-vessel shall be pi'ovided with an ellicient whistle 
 or sii'eii. sounded by steam or by some substitute for steam, 
 so placed that tiie sound may not be intercepted by any 
 ol)struction, and with an tdhcient foi^' horn, to be sounded 
 by mechanical means, and also with an ethcient bell. (In 
 ail cases. where the rules re([uire a bell to be used a drum 
 niav be substituted on board Turkish vessels, or a gong 
 where such articles are used on board small seagoing ves- 
 sels.) A sailing vessel of twenty tons gross tonnage or 
 upwards shall l)e provided with a similar fog horn and bell. 
 
 In fog, nnst, falling snow, or heavy rainstorms, whether 
 by day or night, the signals described in this article shall 
 be used as follows, namely: 
 
 (a) A steam vessel having way upon her shall sound, at steam vessel 
 intervals of not more than two minutes, a prolonged blast. ""'^''"'^ "'"^^" 
 
 (b) A steam vessel under way, but stopped, and having 
 no way upon her, shall sound, at intervals of not more 
 than two miiuites, two prolonged blasts, with an interval 
 of about one second between. 
 
 (c) A sailing vessel under way shall sound, at intervals fiu vessel un- 
 of not more than one minute, when on the starboard tack, 
 
 one blast; when on the port tack, two blasts in succession, 
 and v> hen with the wind abaft the beam, three blasts in 
 succession. 
 
 (d) A vessel when at anchor shall, at invervals of "ot^^^y^'^'^j^'i^'^^^'l^'i^^^j'J^ 
 more than one minute, ring the bell rapidly for about five way. 
 seconds. 
 
 (e) A vess(d when towing, a vessel employed in l'\yiiig,„.\,'^;^^^^!li' ^""'"^' 
 or in picking up a telegraph cable, and a vesscd under way, 
 
 which is unal)le to get out of the way of an approaching 
 vessel through being not under command, or unable to 
 maneuver as reijuired I)v the rules, shall, instead of the 
 signals prescribed in subdivisions (a) and (c) of this article, 
 at intervals of not more than two minutes, sound three 
 I 'lasts in succession, namelj': One prolonged blast followed 
 by two short blasts. A vessel towed may give this signal 
 and she shall not give any other. 
 
 Sailing vessels and boats of less than twent}^ tons gi"oss^.J^^.^'j,'^,j^*'|^,;|j\"^^' 
 tonage shall not be obliged to give the al)ove-mentioned 
 signal, but, if they do not. they shall make some other 
 efficient sound signal at intervals of not more than one 
 minute. 
 
832 BUREAU OF NAVIGATION 
 
 A'i!g!^iy!i8y6. ^^'^- ^^' Evei\y vessel shall, in a fog, mist, falling- snow, 
 (wktat., 326'.) or heavy rain-storms, go at a moderate speed, having care- 
 ful regard for the existing circumstances and conditions. 
 
 A steam vessel hearing, apparently forward of her beam, 
 the fog-signal of a vessel the position of which is not 
 ascertained shall, so far as the circumstances of the case 
 admit, stop her engines, and then navigate with caution 
 until danger of collision is over. 
 
 IV. — Steering and Sailing Rule* 
 
 PRELIMINARY 
 
 ^_imiicatioii of JJ,isk of collision can, when circumstances permit, be 
 ascertained by carefully watching the compass bearing of 
 an approaching vessel. If the bearing does not appre- 
 ciably change, such risk should be deemed to exist. 
 Sailing vessels. Art. 17. When two Sailing vessels are approaching one 
 another, so as to involve risk of collision, one of them 
 shall keep out of the way of the other, as follows, iiamel}': 
 
 (a) A vessel which is running free shall keep out of the 
 way of a vessel which is close-hauled. 
 
 (b) A vessel which is close-hauled on the port tack shall 
 keep out of the way of a vessel which is close-hauled on 
 the starboard tack. 
 
 (c) When both are running free, with the wind on dif- 
 ferent sides, the vessel which has the wind on the port 
 side shall keep out of the way of the other. 
 
 (d) When both are running free, with the wind on the 
 same side, the vessel which is to the windward shall keep 
 out of the way of the vessel which is to the leeward. 
 
 (e) A vessel which has the wind aft shall keep out of the 
 way of the other vessel. 
 
 steam vessels. Art. 18. When two steam-vessels are meeting end on, 
 or nearly end on, so as to involve risk of collision, each 
 shall alter her course to starboard, so that each may pass 
 on the port side of the other. 
 
 This article only applies to cases where vessels are meet- 
 ing end on, or nearly end on, in such a manner as to involve 
 risk of collision, and does not apply to two vessels which 
 nmst, if ))oth keep on their respective courses, pass clear 
 of each other. 
 
 The only cases to which it does apply are when each of 
 the two vessels is end on, or nearly end on, to the other; in 
 other words, to cases in which, by day, each vessel sees the 
 masts of the other in a line, or nearly in a line, with her 
 own; and by night, to cases in which each vessel is in such 
 a position as to see ])oth the side-lights of the other. 
 
 It does not apply I)}^ day to cases in which a vessel sees 
 another ahead crossing her own course; or by night, to 
 cases where the red light of one vessel is opposed to the 
 red light of the other, or where the green light of one vessel 
 
BUREAU OK NAVIGATION 333 
 
 is opposed to the o-roon lioht of the other, oi' wheic a red 
 liolit without a i^riMMi liiilit, or a oi'een lij^lit without a red 
 li*;ht, is seen ahead, or where hoth i;reeii and red lights are 
 seen anywhere but aliead. 
 
 AuT. li>. When two steam-vessels are crossino-, so as ^o ^J^l!^^^^!^^^^^'''^^' 
 involve risk ot eoUision, the vessel which has the other on 
 her own starboard side shall keep out of the way of the 
 other. 
 
 Art. 20. \Vhen a steam-vessel and a sailino--vessel arc ,'^tr',"" viss^i 
 
 J. . 1 T i.- . • I • I ''i- II- • shall kt'cp out ol 
 
 proeeecluio- m such directions as to involve risk of collision, tho way of suii- 
 the steam-vessel shall keep out of the way of the sailini;-- '"'^^^''*'^'^'" 
 vessel. 
 
 Art. 21. \Vher(\ by any of these rules, one of two vessels ^p^;^^," '"■'"' '^"'^ 
 is to keep out of the wav the other shall keei) her course Ma!/2s, is%. 
 and speed. ^ iessMt.,s..) 
 
 Note. — When, in consequence of thick weather or other 
 causes, such xessel tinds herself so close that collision can 
 not be avoided by the action of the giving'- way vessel alone, 
 she also shall take such action as will best aid to avert col- 
 lision. (See articles twent3'-seven and twenty-nine.) 
 
 Art. 22. Every vessel which is dircM-ted ))y these rules J^fPy^f^'J}^'^- 
 to keep out of the way of another vessel shall, if the cir- (•^<!Stnt.,h7.) 
 cumstances of the case admit, avoid crossing ahead of the 
 other. 
 
 xVrt. 23. Eveiy steam- vessel which is directed liy these ^h^^^^"^ Jif^^.'J.'e'i'i 
 rules to keep out of the way of another vessel shall, on spewi. 
 api)roaching her, if necessary, slacken her speed or stop 
 or reverse. 
 
 Art. 24. Notwithstanding anything- contained in these vesslis.'^*'^'^'"^ 
 rules every vessel, overtaking any other, shall keep out of 
 the way of the overtaken vessel. 
 
 Every vessel coming up with another vessel from any 
 direction more than two points abaft her beam, that is, in 
 such a position, with reference to the vessel which she is 
 overtaking that at night she would be unal)le to see either 
 of that vessel's side-lights, shall be deemed to be an over- 
 taking vessel; and no subsecpient alteration of the bearing 
 between the two vessels shall make the overtaking vessel 
 a crossing vessel within the meaning of these rules, or 
 relieve her of the duty of keeping clear of the overtaken 
 vessel until she is finally past and clear. 
 
 As by da}^ the overtaking vessel can not always know 
 with certaint}^ whether she is forward or al)aft this direc- 
 tion from the other vessel she should, if in doubt, assume 
 that she is an overtaking vessel and keep out of the way. 
 
 Art. 25. In narrow channels every steam- vessel shall. Narrow cium- 
 when it is safe and practicable, keep to that side of the 
 fair-wav or mid-channel which lies on the starboard side 
 of such vessel. 
 
 Art. 26. Sailing vessels under way shall keep out of the R'^kM of way 
 
 ,. .1. " , , i. J- I • •l.^ \. I- of fishing vussfls. 
 
 way ot sailing vessels or boats nshing with nets, or lines, 
 or trawls. This rule shall not give to any vessel or boat 
 
834 
 
 BUREAU OF NAVIGATION 
 
 (ii'iiural pru- 
 dential nik'. 
 
 Sound signals 
 for ]> a s s i n g 
 steamers. 
 
 Precaution. 
 
 Distresssipnal 
 Mai/ -^s, isu',. 
 {2S Stat., So.) 
 
 engaged in tishing the right of ob.structing a fair-way used 
 by vessels other than lishing vessels or boats. 
 
 Akt. 27. In obeying and construing these ruU's due 
 regard shall be had to all dtmgers of navigation and col- 
 lision, and to any special circumstances Avhich may render 
 a departui-e from the above rules necessary in order to 
 avoid immediate danger. 
 
 Art. 28. The words ''short blast"" used in this article 
 shall mean a blast of about one second's duration. 
 
 When vessels are in sight of one another, a steam-vessel 
 under way, in taking any course authorized or required 
 by these rules, shall indicate that course by the following 
 signals on her whistle or siren, namely: 
 
 One short blast to mean, ""I am directing my course to 
 starboard." 
 
 Two short blasts to mean, ''I am directing my course to 
 port." 
 
 Three short blasts to mean, "My engines are going at 
 full speed astern." 
 
 Art. 29. Nothing in these rules shall exonerate any ves- 
 sel or the owner or master or crew thereof, from the con- 
 sequences of any neglect to carry lights or signals, or of 
 any neglect to keep a proper lookout, or of the neglect of 
 any precaution which may be required by the ordimuy 
 practice of seamen, or by the special circumstances of the 
 case. 
 
 Art. 30. Nothing in these rules shall interfere with the 
 operation of a special rule, dul}" made by local authority, 
 relative to the navigation of any harbor, river, or inland 
 waters. 
 
 Art. 31. When a vessel is in distress and requires assist- 
 ance from other vessels or from the shore the following 
 shall be the signals to be used or displayed by her, either 
 together or separately, namely: 
 
 In the daytime — 
 
 First. A gun or other explosive signal tired at intervals 
 of about a minute. 
 
 Second. The international code signal of distress indi- 
 cated l)y N C. 
 
 Third. The distance signal, consisting of a square flag, 
 having either al)ove or ))elow it a ball or an3'thing resem- 
 bling a ball. 
 
 Fourth. A continuous sounding with any fog-signal 
 ap})aratus. 
 
 At night — 
 
 First. A gun or other explosive signal tired at intervals 
 of about a minute. 
 
 Second. Flames on the vessel (as from a burning tar 
 barrel, oil barrel, and so forth). 
 
 Third. Rockets or shells throwing stars of an}- color or 
 description, lired one at a time, at short intervals. 
 
 Fourth. A continuous sounding with any fog-signal 
 apparatus. 
 
BUREAU OK NAVHSATION 8^5 
 
 Tlio Secretary of State is luM-chy autliori/ed to _recon-,/;;'j;f^;;';™!;«" 
 V(Mie the (1(^leu:it(\s ot (lit> Tiiited States to tlu> A\'asliinoton W). r., mr,. 
 IiiterMatii)iial MariiK" Conference of eiiihtccii liiuulrcMl and 
 cinlitx -nine, Avlienc\ cr in iiis judonKMit it is exixnlicnt, for 
 the furthiM- consideration of ruh's (o prc\ent collisions at 
 ->i'a and in tiie waters of the I'nited States. 
 
 I.M.ANI) liri.KS OK 1S97 
 
 The following;" re^-ulations for prev(Mitin<i" collision shall Juvr7,is97. 
 he foUowcnl hy all vessels navioatinu- all hai'!»oi"s, rivers, ^ecA""''^ 
 and inland waters of the United States, except the (ireat 
 Lakes and their -connectino" and tributary waters as far 
 castas Montreal and the Red River of the North and rivers 
 eniptyinii" into the (rulf of Mexico and their tributaries, 
 and are hercb}" declared special rules duly made by local 
 authority. 
 
 Ever}- pilot, engineer, mate, or master of any steam- .scc. s. 
 vessel, and every master or mate of any barge or canal- 
 boat, who neglects or refuses to observe the provisions of 
 this Act, or the regulations established in pursuance of the 
 preceding section [see section 2, page 387], shall be liable 
 to a penalty of fifty dollars, and for all damages sustained 
 by any passenger in his person or baggage by such neglect 
 or refusal: Provided^ That nothing herein shall i-elieve any 
 vessel, owner or corporation from any liability incurred 
 l)y reason of such neglect or refusal. 
 
 Every vessel that shall be navigated w'ithout complying secu. 
 with the provisions of this Act : hall be liable to a penalty 
 of two hundred dollars, one-half to go to the informer, for 
 which sum the vessel so navigated shall ])e liable and may 
 be seized and proceeded against by action in any district 
 court of the United States having jurisdiction of the offense. 
 
 I. — Preliminary 
 
 In the following rules every steam vessel which is under 
 sail and not under steam is to be considered a sailing-ves- 
 sel, and every vessel under steam, whether under sail or 
 not, is to be considered a steam vessel. 
 
 The w^ord "steam-vessel"' shall include any vessel pro- 
 [xdled by machinery. 
 
 A vessel is ''under wav,'' within the meaning of these 
 rules, when she is not at anchor, or made fast to the shore, 
 or aground. 
 
 II. — Lights and so forth 
 
 The word "visible'' in these rules, when applied to lights, 
 >hall mean visible on a dark night with a clear atmosphere. 
 
 Articlk 1. The rules concerning lights shall be com- 
 plied with in all weathci's from sunset to sunrise, and dur- 
 ing such time no other lights which may be mistaken for 
 the prescribed lights shall be exhil)ited. 
 
 Art. 2. A steam-vessel when undin- way shall carry — Rteani yo-- 
 (a) On or in front of the foremast, or, if a vessel without a uj^htr'""^ "^ " ' 
 
336 BUREAU OF NAVIGATION 
 
 foremast, then in the forepart of the vessel, a brio-ht white 
 light fso constructed as to show an unbroken light over an 
 arc of the horizon of twenty points of the compass, so fixed 
 as to throw the light ten points on each side of the vessel, 
 namely, from right ahead to two points abaft the beam on 
 either side, and of such a character as to be visible at a 
 distance of at least five miles. 
 stefim yes- i])) Q^ ^he starboard side a green light so constructed as 
 to show an unbroken light over an arc of the horizon of 
 ten points of the compass, so fixed as to throw the light 
 from right ahead to two points a1)aft the l)eam on the star- 
 board side, and of such a character as to l)e visible at a 
 distance of at least two miles. ' 
 
 (c) On the port side a red light so constructed as to show 
 an unbroken light over anarc of the horizon of ten points 
 of the compass, so fixed as to throw the light from right 
 ahead to two points abaft the beam on the port side, and 
 of such a character as to be visible at a distance of at least 
 two miles. 
 
 (d) The said green and red side-lights shall l)e fitted 
 with inboard screens projecting at least three feet forward 
 from the light, so as to prevent these lights from being- 
 seen across the bow. 
 
 se^Ks^— ™aVRe (^) ^ sca-going stcam-vcssel when under waj' maj'' carry 
 lights. an additional white light similar in construction to the 
 
 light mentioned in subdivision (a). These two lights shall 
 be so placed in line with the keel that one shall l)e at least 
 fifteen fc^et higher than the other, and in such a position 
 with reference to each other that the lower light shall be 
 forward of tlie upper one. The vertical distance between 
 these lights shall be less than the horizontal distance. 
 
 (f) All steam-vessels (except seagoing vessels and ferry- 
 boats), shall carry in additi(m to green and red lights re- 
 quired by article two (b), (c), and screens as required by 
 article two (d), a central range of two white lights; the 
 after-light being carried at an elevation at least fifteen 
 feet above the light at the head of the vessel. The head- 
 light shall be so constructed as to show an unbroken light 
 through twenty points of the comptiss, namely, from right 
 ahead to two points aljaf t the beam on cither side of the 
 vessel, and the after-light so as to show all around the 
 horizon. 
 ,Sit'^^,.„w^^'' Art. 3. A steam-Vessel when towing another vessel shall, 
 in addition to her side-lights, carry two bright white lights 
 in a vertical line one over the other, not less than three 
 feet apart, and when towjng more than one vessel shall 
 carry an additional bright white light three feet above or 
 below such lights, if the length of the tow measuring from 
 the stern of the towing vessel to the stern of the last 
 vessel towed exceeds six hundred feet. Each of these 
 lights shall be of the same construction and character, and 
 shall be carried in the same position as the white light 
 mentioned in article two (a) or the after range light men- 
 tioned in article two (f). 
 
 when towing. 
 
BITREAU OF NAVIGATION 337 
 
 Sucn stoani vessels may curry a small Avhito liolit al)aft 
 the funnel oi" at'tcMiiiast for the vessel towed to steer by, Imt 
 >vueh light shall not be visil)le forward of the beam. 
 
 Art. 5. A sailing-vessel under way or ])eing towed shall. Lights for saii- 
 carry thesam(> lights as are prescribed by ai'ticle two for a vcLIs tu tow.'"* 
 steam-vessel under way, with the exception of the white 
 lights mentioned therein, which they shall never carry. 
 
 The supervising ins))ectors of steam-vessels and the i-isiits for 
 
 .-, • • I ' J Ji 1 1 11 1. 1 1 • u 1 I f f r r V - boil ts, 
 
 !^ul)ervlslng InspcH'tor-Cieneral sliall estal)lisn such rules b n ifjes, nnd 
 to be observed by steam vessels in passing each other ^"^^"'"^''"^^'* '° 
 and as to the lights to ))e carried by t'err3'-boats and by •'''tc. ~'. 
 barges and canal-boats wheu in tow of steam-vessels, not 
 inconsistent with the provisions of this Act, as they from 
 time to time may deem necessary for safety, which rules 
 when approved by the Secretary of Commerce and Labor, 
 are hereby declared special rules duly made by local au- 
 thority, as ]irovided for in article thirty of chapter eight 
 hundredandtwoof the laws of eighteen hundred and ninety. 
 Two printed copies of such rules shall be furnished to such 
 ferry-boats and steam-vessels, which rules shall be kept 
 posted up in conspicuous places in such vessels. 
 
 Art. H. Whenever, as in the case of vessels of less than Lights forsmaii 
 ten gross tons under way during bad weather, the green 
 and red side-lights can not be fixed, these lights shall be 
 kept at hand, lighted and read}^ for use; and shall, on the 
 approach of or to other vessels, lie exhibited on their 
 respective sides in sufficient time to prevent collision, in 
 such manner as to make them most visible, and so that the 
 green light shall not be seen on the port side nor the red 
 light on the starboard side, nor, if practicable, more than 
 two points abaft the beam on their respective sides. To 
 make the use of these portable lights more certain and 
 easy the lanterns containing them shall each be painted 
 outside with the color of the light thc}^ respectively con- 
 tain, and shall be provided with proper screens. 
 
 Art. T. Rowing boats, whether under oars or sail, shall 
 have ready at hand a lantern showing a white light which 
 shall be temporarily exhibited in sufficient time to prevent 
 collision. 
 
 Art, 8. Pilot- vessels when engaged on their stations on ^e^sfls'* ^'"' p''°' 
 pilotage duty shall not show the lights required for other 
 vessels, but shall carry a white light at the masthead, vis- 
 ible all around the horizon, and shall also exhibit a flare-up 
 light or ilare-up lights at short intervals, which shall never 
 exeeed fifteen miiuites, 
 
 (3n the near approach of or to other vessels they shall 
 have their side-lights lighted, ready for use, and shall flash 
 or show them at short intervals, to indicate the direction 
 in which they are heading, but the green light shall not 
 be shown on the port side nor the red light on the star- 
 board side. 
 
 A pilot-vessel of such a class as to be obliged to go 
 alongside of a vessel to put a pilot on board may show the 
 27628—04 22 
 
338 BUREAU OF NAVIGATION 
 
 white light instead of cariTing it at the iiuisthead, and 
 may, instead of the colored lights above mentioned, have 
 at hand, ready for use, a lantern with a green glass on the 
 one side and a red glass on the other, to be used as pre- 
 scribed above. 
 
 Pilot- vessels, when not engaged on their station on pilot- 
 age duty, shall carry lights similar to those of other ves- 
 sels of their tonnage. 
 
 Feb. If), 1900. A steam pilot vessel, when engaged on her station on 
 
 ^cfT'l^^'^ pilotage duty and in waters of the United States, and not 
 at anchor, shall, in addition to the lights required for all 
 pilot boats, carr}" at a distance of eight feet below her white 
 masthead light a red light, visible all around the horizon 
 and of such a character as to be visil)le on a dark night with 
 a clear atmosphere at a distance of at least two miles, and 
 also the colored side lights required to be carried by vessels 
 when under way. 
 
 When engaged on her station on pilotage duty and in 
 waters of the United States, and at anchor, she shall carry 
 in addition to the lights required for all pilot Ijoats the red 
 light above mentioned, but not the colored side lights. 
 
 When not engaged on her station on pilotage duty, she 
 shall carry the same lights as other steam vessels. 
 
 Lights, etc., of Art. 9. (a) Fishing-vessels of less than ten g-ross tons, 
 ^^!7Mnl^?Tw.' when under wa3^ and when not having their nets, trawls, 
 
 (SO Stat., ys.) tlredges, or lines in the water, shall not be obliged to carry 
 the colored side-lig'hts; but every such vessel shall, in lieu 
 thereof, have ready at hand a lantern with a green glass on 
 one side and a red glass on the other side, and on approach- 
 ing to or being- approached by another vessel such lantern 
 shall be exhibited in sufficient time to prevent collision, so 
 that the green light shall not be seen on the port side nor 
 the red light on the starboard side. 
 
 (b) All tishing- vessels and tishing-boats of ten gross tons 
 or upward, when under way and when not having their 
 nets, trawls, dredges, or lines in the water, shall carry and 
 show the same lights as other vessels under way. 
 
 (c) All vessels, when trawling, dredging, or fishing with 
 any kind of drag-nets or lines, shall exhibit, from some 
 part of the vessel where they can be best seen, two lights. 
 One of these lights shall l)e red and the other shall be 
 white. The red light shall l)e above the white light, and 
 shall be at a vertical distance from it of not less than six 
 feet and not more than twelve feet; and the horizontal 
 distance between them, if any, shall not ))e more than ten 
 feet. These two lights shall be of such a character and 
 contained in lanterns of such construction as to be visible 
 all round the horizon, the white light a distance of not 
 less than three miles and the red light of not less than two 
 miles. 
 
 Lights for rafts, (d) Rafts, or othcr water craft not herein provided for, 
 
 providedfon"°' navigating b}^ hand power, horse i)ower, or by tlie current 
 
 of the river, shall carry one or more good white lights, 
 
BUREAU OF NAVIGATION 339 
 
 wliicli shall lie placed in such inauncr as shall l)o ])roscrilu'cl 
 by tho Hoard of Sii]MM-visiMi>- Inspectors of JSteani Vessels. 
 
 AuT. 10. A vessel which is heino- ovortakon V 'i"<^^t]ier, ,,^|:j.'j/,'^^,,/^.'^^^;^',[' 
 except a steani-vossel with an aftt^' rani>e-lio-lit showinj^ 
 all around the. horizon, shall throw from her stern to such 
 last-mentioned vessel a white liy"ht or a tlare-up lijiht. 
 
 Akt. 11. A vessel under one hundred and fifty feet in Anchor liKius. 
 length, when at anchor, shall cairv forward, Avhere it can 
 best be seen, but at a height not exceeding*- twenty feet 
 al)ove th(> hull, a white liyht in a lantern so constructed 
 as to show a clear, uniform, and uid)roken lioht visible all 
 around the horizon at a distance of at least one mile. 
 
 A vessel of one hundred and fifty feet or upwards in 
 len^'th when at anchor shall carry in the forward part of 
 tho vessel, at a hei^'ht of not less than twenty and not 
 exceedinii' forty feet al)ove the hull, one such lig'ht, and at 
 or near th(> stern of the vessel, and at such a height that 
 it shall be not less than fifteen feet lower than the forward 
 li^ht, another such liy-ht. 
 
 T\w leno-th of a vessel shall ))e deemed to be the leng-th 
 appearini;- in her certificate of reg-istry. 
 
 Akt. 12. Every vessel mav, if necessary, in order to special signals. 
 attract attention, in addition to the lights which she is by 
 these rules reipiired to carry, show a tlare-up light or use 
 any detonating signal that cannot be mistaken for a distress 
 signal. 
 
 Art. 13. Nothing in these rules shall interfere with the axu\^\t'oglfum\ 
 operation of any special rules made i)v the Clovernment of '^'s'la's- 
 any ntition with respect to additional station and signal 
 lights for two or more ships of war or for vessels sailing 
 under convoy, or with the exhibition of recognition sig- 
 nals adopted by shipowners, which have been authorized 
 by their respective Governments, and duly registered and 
 published. 
 
 Akt. 14. A steam- vessel proceeding under sail only, hut ^j,^|||^'"jj^j[''^^j*^! 
 having her funnel up, may carry in daytime, forward, day. 
 where it can best be seen, one black ball or shape two feet 
 in diameter. 
 
 III. — Sound Signals in Fog, etc. 
 
 PKELIMINAKY 
 
 Art. 15. All signals prescribed by this article for vessels 
 under way shall be given: 
 
 1. By ""steam-vessels" on the whistle or siren. 
 
 2. By " sailing-vessels" and " vessels towed " on the fog 
 horn. 
 
 The words "prolonged blast" used in this article shall 
 mean a l)last of fi'om four to six seconds duration. 
 
 A steam-vess(d shall be provided with an elHcient whistle 
 or siren, sounded l»y steam or by some sul)stitute for steam, 
 so placed that the sound may not l)e intercepted l)y any 
 
340 BUKEAU OF NAVIGATION 
 
 obstruction, and with an efficient fog- horn; also with an 
 efficient bell. A sailing-vessel of twenty tons gross ton- 
 nage or upward shall be provided with a similar fog horn 
 and ])ell. 
 
 In fog, mist, falling snow, or heavy rainstorms, whether 
 by da}^ or night, the signals described in this article shall 
 be used as follows, namely: 
 
 steam vessel (a) A stcam-vesscl underway should sound, atinvervals 
 of not iliore than one minute, a prolonged blast. 
 
 Sail vessel un- (c) A Sailing vcsscl uiidcr way shall sound, at intervals 
 of not more than one minute, when on the starboard tack, 
 one blast; when on the port tack, two blasts in succession, 
 and when with the wind abaft the beam, three blasts in 
 succession. 
 choT^m^iwt un- (^) ^ vcsscl whcu at auchor shall, at intervals, of not 
 der way. more than one minute, ring the bell rapidly for about live 
 
 seconds. 
 
 Vessels towing (e) A steam-vesscl when towing, shall, instead of the sig- 
 or towed. j^^j^ prescribed in subdivision (a) of this article, at intervals 
 
 of not more than one minute, sound three blasts in succes- 
 sion, namely, one prolonged blast followed by two short 
 blasts. A vessel towed may give this signal and she shall 
 not give an}' other. 
 
 Rafts, or other (f ) All rafts Or othcr water craft, not herein provided 
 
 craft not provia- ,. ' • , . ■ t i i i j_i 
 
 ed for. tor, navigatiug by liand power, horse power, or by the cur- 
 
 rent of the river, shall sound a blast of the fog-horn, or 
 equivalent signal, at intervals of not more than one minute. 
 Speed in fog. Art. 16. Every vessel shall, in a fog, mist, falling snow, 
 or heavy rainstorms, go at a moderate speed, having care- 
 ful regard to the existing circumstances and conditions. 
 
 A steam-vessel hearing, apparently forward of her beam, 
 the fog-signal of a ^'essel the position of which is not ascer- 
 tained shall, so far as the circumstances of the case admit, 
 stop her engines, and then navigate with caution until 
 danger of collision is over. 
 
 IV. — Steering and Sailing Rules 
 
 PRELIMINARY 
 
 Risk of collision can, when circumstances permit, be 
 ascertained by carefully watching the compass bearing of 
 an approaching vessel. If the bearing does not apprecia- 
 bly change, such risk should be deemed to exist. 
 Sailing vessels. Art. 17. When two Sailing- vesscls are approachiiig onc 
 another, so as to involve risk of collision, one of them 
 shall keep out of the wa}^ of the other as follows, namely: 
 
 (a) A vessel which is running free shall keep out of the 
 way of a vessel which is close-hauled. 
 
 (b) A vessel which is close-hauled on the port tack shall 
 keep out of the wa}' of a vessel which is close-hauled on 
 the starboard tack. 
 
BUREAU OF NAVIGATION 341 
 
 ((•) Whoii ])oth avo rnimiiio- froo, witli th<^ wind on diffor- 
 ent .sidos, tlio vessel which has the wind on the port side 
 shiill keep out of the way of the other. 
 
 (d) When both arc runnino" free, with the wind on the 
 same side, the vessel which is to the w'indward shall keep 
 out of the way of the vessel which is to the leeward. 
 
 (e) A vess(d which has the wind aft shall keep out of the 
 way of the other vessel. 
 
 Akt. IS. Rii,K 1. When steam-vessels are approaching steam vessels. 
 each other head and head, that is, end on. or nearly so, it 
 shall he the duty of each to pass on the port side of the 
 other: and either \(>ssid shall i>ive, as a si<>"nal of her inten- 
 tion, one shoi-t and distinct blast of her whistle, which the 
 other vessel shall answ^er promptl}' by a similar l)last of 
 her whistle, and thereupon such vessels shall pass on the 
 port side of each other. But if the courses of such vessels 
 are so far on the star))()ard of each other as not to be con- 
 sidered as meeting- head and head, either vessel shall im- 
 mediately oi\e two short and distinct blasts of her whistle, 
 which the other vessel shall answer promptly by two simi- 
 lar blasts of her whistle, and they shall pass on the star- 
 board side of each other. 
 
 The foreofoing only applies to cases where vessels are 
 meeting end on or nearly end on, in such a manner as to 
 involve risk of collision; in other words, to cases in which, 
 by day. each vessel sees the masts of the other in a line, or 
 nearly in a line, with her own, and by night to cases in 
 which each vessel is in such a position as to see both the 
 sididights of the other. 
 
 It does not apply by day to cases in which a vessel sees 
 another ahead crossing her own course, or by night to cases 
 where the red light of one vessel is opposed to the red 
 light of the other, or where the green light of one vessel is 
 opposed to the green light of the other, or where a red 
 light without a green light or a green light without a red 
 light, is seen ahead, or where both green and red lights are 
 seen anyw hiM'e but ahead. 
 
 RuLK 111. If, when steam-vessels are approaching each 
 othei-. either vessel fails to understand the course or inten- 
 tion of the other, from any cause, the vessel so in doubt 
 shall immediately signif}- the sanie by giving several short 
 and rapid blasts, not less than four, of the steam-whistle. 
 
 Rule V. Whenever a steam-vessel is nearing a short 
 bend or curve in the channel, where, from the height of 
 the l)anks or other cause, a steam-vessel approaching from 
 th(> opposite direction can not be seen for a distance of 
 half a mile, such steam-vessel, when she shall have arrived 
 within half a mile of such curve or bend, shall give a signal 
 by one long blast of the steam-w histle, which signal shall 
 be answered ))y a similar blast, given by any approaching 
 steam-vessel that may ])e within hearing. Should such 
 signal be so answered by a steam-vessel upon the farther 
 
342 BUREAU OF NAVIGATION 
 
 side of such bend, then the usual signals for meeting and 
 passing shall inmiediately be given and answered; hut, 
 if the iirst alarm signal of such vessel be not answered, 
 she is to consider the channel clear and govern herself 
 accordingly. 
 
 When steam-vessels are moved from their docks or 
 berths, and other boats are liable to pass from any direc- 
 tion toward them, they shall give the same signal as in the 
 case of vessels meeting at a bend, lint immediately after 
 clearing the l)erths so as to be fully in sight they shall be 
 governed by the steering and sailing rules. 
 
 Rule VIII. When steam-vessels are running in the same 
 direction, and the vessel which is astern shall desire to 
 pass on the right or starboard hand of the vessel ahead, 
 she shall give one short l)last of the steam- whistle, as a 
 signal of such desire, and if the vessel ahead answers with 
 one blast, she shall put her helm to port; or if she shall 
 desire to pass on the left or port side of the vessel ahead, 
 she shall give two short blasts of the steam-whistle as a 
 signal of such desire, and if the vessel ahead answers with 
 two blasts, shall put her helm to starboard; or if the vessel 
 ahead does not think it safe for the vessel astern to at- 
 tempt to pass at that point, she shall immediately signify 
 the same by giving several short and rapid blasts of the 
 steam-whistle, not less than four, and under no circum- 
 stances shall the vessel astern attempt to pass the vessel 
 ahead until such time as they have reached a point where 
 it can be safely done, when said vessel ahead shall signify 
 her willingness by blowing the proper signals. The ves- 
 sel ahead shall in no case attempt to cross the bow or 
 crowd upon the course of the passing vessel. 
 
 Rule IX. The whistle signals provided in the rules 
 under this article, for steam-vessels meeting, passing, or 
 overtaking, are never to be used except when steamers are 
 in sight of each other, and the course and position of each 
 can be determined in the daytime by a sight of the vessel 
 itself, or by night by seeing its signal lights. In fog, nust, 
 falling snow or heavy rainstorms, w-hen vessels can not see 
 each other, fog-signals only must be given. 
 Supplementary 'Phe Supervising inspectors of steam-vessels and the 
 '^^iec.^'""*'' Supervising Inspector-General shall establish such rules 
 to l)e observed by steam-vessels in passing each other and 
 as to the lights to be carried by ferry-boats and l)y liargcs 
 and canal-l)oats when in tow of steam-vessels, not incon- 
 sistent with the provisions of this act, as they from time 
 to time mav deem necessary for safety, which rules when 
 approved l)v the Secretary of Commerce and Labor, arc 
 hereby declared special rules duly made by local authority, 
 as provided for in article thirty of chapter eight hundred 
 and two of the laws of eighteen hundred and ninety. Two 
 printed copies of such rules shall be furnished to such 
 
BURKAir OF NAVIGATION 343 
 
 tViTV-ltoats and stoaiii vossols, which ruh\s shall ho k(>pt 
 nostod up ill conspicuous placccs in such \csscls, 
 
 Akt. lit. When two stcanj vessels are crossino-, so as t() J^^^.^^il^'^.^^* 
 involve risk of collision, the vessel which has the other on ■,^y%/,/'']'j; . 
 her own starboard side shall keep out of the way of the 
 other. 
 
 Art. 20. When a stcam-vessol and sailing-vessel are pro- shairkwp om of 
 ceedinj'" in such directiojis as to involve risk of collision, theP'« way of suii- 
 
 • ^ . • iutr vessel 
 
 steam-vessel shall keep out of the wav of the sailino-\'essel. 
 
 Akt. m. Where, l>y any of th(>se"rules, one of the two.p^;!^,'""''' ""'' 
 vessels is to kei^j) out of the way, the other shall keep her 
 course and speed. 
 
 [See articles 27 and 2!).] 
 
 Akt. 22. E\ery vessel which is directed by these rules to (^rossingrahca.!. 
 keep out of the way of another vessel shall, if the circum- 
 stances of the case admit, avoid crossing- ahead of the other. 
 
 Art. 28. P^very steam-vessel which is directed by these gj^i^^jim v^e^ssejs 
 rules to keep out of the wa}' of another vessel shall, on .speed or stop. 
 approaching her, if necessary, slacken her speed or stop 
 or reverse. 
 
 Art. 24. Notwithstanding anything contained in these overtaking 
 rules every vessel, overtaking any other, shall keep out of 
 the way of the overtaken vessel. 
 
 Ever}' vessel coming up with another vessel from any 
 direction more than two points abaft her beam, that is, in 
 such a position, with reference to the vessel which she is 
 overtaking that at night she would be unable to see eithen 
 of that vessel's side-lights, shall be deemed to be an over- 
 taking vessel; and no subsequent alteration of the bearing 
 between the two vessels shall make the overtaking vessel 
 a crossing vessel within the meaning of these rules, or 
 relieve her of the duty of keeping clear of the overtaken 
 vessel until she is finally past and clear. 
 
 As by day the overtaking vessel can not alwa^'s know 
 with certainty whether she is forward of or abaft this 
 direction from the other vessel she should, if in doubt, 
 assume that she is an overtaking vessel and keep out of 
 
 the way. X-irrox h 
 
 Art. 2.'). In narrow channels every steam-vessel shall, neis'!^'^"^^ 
 when it is safe and practicable, keep to that side of the 
 fair-way or mid-channel which lies on the starboard side 
 of such vessel. 
 
 Art. 26. Sailing-vessels under way shall keep out of Ri|V<'* ^f y^y 
 the wav of sailing-vessels or boats tishing with nets, or° "^""^^ esses. 
 lines or trawls. This rule shall not give to any vessel or 
 l;oat engaged in fishing the right of obstructing a fair-w^ay 
 used l)y vessels other than fishing-vessels or boats. 
 
 Art. 27. In ol)eving and construing these rules due re- General pra- 
 gard shall be had to all dangers of navigation and collision, ^^^'"^"'* '■"^^• 
 and to any special circumstances which may render a de- 
 parture from the aljove rules necessary in order to avoid 
 immediate dang-er. 
 
344 BUKEAU OF NAVIGATION 
 
 ^^sound^^ signals j^j^jr 28. When vessels are in sight of one another a 
 steamers. steam-vessel under wav whose engines are going at full 
 
 ^"" ^ ■ ' speed astern shall indicate that fact bj^ three short blasts 
 on the whistle. 
 
 rreeiuition. Art. 29. Nothing in these rules shall exonerate any ves- 
 sel, or the owner or master or crew thereof, from the con- 
 sequences of any neglect to carry lights or signals, or of 
 any neglect to keep a proper lookout, or of the neglect of 
 any precaution which may be required b}" the ordinary 
 practice of seamen, or by the special circumstances of the 
 case. 
 
 Ligh '^^i^^^'i'i Art. 30. The exhibition of any light on board of a vessel 
 naval vessels and of war of the United States or a revenue cutter may be 
 revenue cutters, g^^pended whcncvcr, in the opinion of the Secretary of the 
 Navy, the commander in chief of a squadron, or the com- 
 mander of a vessel acting singly, the special character of 
 the service may require it. 
 
 Distress sig- Art. 31. When a vcsscl is in distrcss and requires assist- 
 ance from other vessels or from the shore the following 
 shall be the signals to be used or displa3^ed by her, cither 
 together or separately, namely: 
 
 In the daytime. A coutinuous souudiug with any fog-signal apparatus, or 
 firing a gun. 
 
 Ai night. First. Flames on the vessel as from a burning tar barrel, 
 
 oil barrel, and so forth. 
 
 Second. A continuous sounding with any fog-signal 
 apparatus, or firing a gun. 
 
 Limits of nppii- The Secretary of Connnerce and Labor is hereby author- 
 nVt"i'oniii"andized, empowered and directed from time to time to desig- 
 ^xai jj^|-g g^j^(^ define by suitable bearings or ranges with light 
 
 j'l''>- ;•''. i^!J^; houses, light vessels, Inioys or coast objects, the lines divid- 
 
 k'c.'a"" '" ing the high seas from rivers, harbors and inland waters. 
 
 fshtaf.%1'.) The words "inland waters" used in this Act shall not be 
 
 sec.iu.' held to include the Great Lakes and their connecting and 
 tributary waters as far east as Montreal; 
 
 LINES ESTABLISHING HARBORS, RIVERS, AND INLAND WATERS 
 OF THE UNITED STATES, WITHIN WHICH THE INLAND RULES 
 ARE TO APPLY. 
 
 [Bearings are magnetic and given ai^proximately.] 
 
 New York. ]s^g^ York Harbor: From Navesink (southerly) light- 
 
 house NE. f E., easterly, to Scotland light-vessel; thence 
 NNE. i E. through Gedney Channel Whistling Buoy to 
 Rockawa}^ Point Life-Saving Station. 
 
 Baitimuie. Baltimore Har))or and Chesapeake Bay: From Cape 
 
 Henry light-house NE. by E. f E., easterly, to Outer En- 
 trance Whistling Buoy; thence N. by E. f E. to Cape 
 Charles light-house. 
 
 Galveston. Galvestou Harbor: From Galveston Bar AVhistling Buqy 
 
 N. by W. f W. through the beacon marking the outer ex- 
 
 inland 
 rules. 
 
BUREAU OF NAVIGATION 
 
 345 
 
 NE. hy E. ^ E. to 
 E. i E. to Etiistorn 
 
 San Francisco. 
 I'hiladelphia. 
 
 (/'harluston. 
 
 tromity of the N. jotty, and S^^^ l)y W. .1 ^^'.. westm-ly. 
 through North BroaUcr Bcucoii. 
 
 Huston Harbor: From Point AUerton XNE. i E., east- 
 erly, thi-ouyh Point AHerton P>eacon to Northeast Grave 
 Whistlinu: Piioy; thence NXE. i E. to Outer Breaker 
 ((Jreat Pi"- Pooks) Pell Buoy; thence 
 Halfway Pock Peacon; thence NE. by 
 Point liLiht-house. 
 
 San Francisco Harbor: From Point Ponita lig-ht-house 
 SE, 4^ S. to Point Lo1k)s, 
 
 Phila(lel]ihia Harbor and Delaware Bay: From Cape 
 lleidopen liuht-house NE. by E. to South Shoal Whistliiiii; 
 IWioy; thence NNE. i E. to Cape May lioht-house. 
 
 Charleston Har))or: From Charleston lioht-ves.sel NW. 
 ' "W. (toward Sullivans Island Panae Rear Lio-ht) to the 
 North ,Ietty, and from Charleston lioht-vess(d SW. ^ W. 
 to Chai-leston Whistlinu- ]iuoy; thence SW. ^ W. to 
 Charleston Main Chamicd P^ntrance Bell Buoy; thence W. 
 to Folly Island. 
 
 Savannah Harl)or and Calibowue Sound: From Tybee savannah, 
 Whistlino- Buoy NNW. ]| W. throuoh North Slue Chan- 
 nel Outer Buo}' to Braddock Point, Hilton Head Island, 
 and from Tybee AVhistlino- Buo^' W. to Tybee Island. 
 
 St. Simon Sound (Brunswick Harl)or) and St. Andrew 
 Sound: From hotel on beach of St. Simon Island || mile 
 NE. by E. i E. from St. Simon light-house, SE. f E. to 
 St. Simon Sea Buoy; thence S. i E. to St. Andrew's 
 Sound Sea Buoy; thence W. to the shore of Little Cum- 
 berland Island. 
 
 Pensacola Harbor: From Pensacola Entrance Whistling 
 Buoy N. i^ W., a tangent to the E. side of Fort Pickens, 
 to the shore of Santa Rose Island, and from the Whistling 
 Buoy NW. yV W. to Fort McRee Range Front Light. 
 
 ^Mobile Harbor and Bay: From Mobile Bay Outer or 
 Deep Sea Whistling Buoy (or its watch buoy in summer) 
 NE. by N. to the shore of Mobile Point, and from the Whis- 
 tling Buoy NW. by W. to the shore of Dauphin Island. 
 
 New Orleans Harbor and the Delta of the Mississippi: 
 Fiom South Pass East Jetty light-house N. by E. i E. to 
 Pass a Louti-e light-house; thence N. to Errol Island and 
 from South Pass East Jetty light-house W. f S. to South- 
 west Pass light-house; thence N. to shore. 
 
 San Diego Har))or: From Point Loma light-house S. i E. 
 to San Diego Bay Outside Bar Whistling Buoy; thence 
 NXE. ^ E. to tower of Coronado Hotel. 
 
 C()luin])ia River Entrance: From Cape Disappointment 
 light-house SE. i E. to Point Adams light-house. 
 
 Cutler (Little River) IIar])or, Me.: A line drawn from 
 Long Point SW. ])y W. f W. to Little River Head. 
 
 Little ]Machias Baj'^, Machias Bay, Englishman Bay, 
 Chandler Bay, Moosabec Reach, Pleasant Ba}', Nari-agua- 
 gus Bav, and Pigeon Hill Bav, ]Me. : A line drawn from 
 Little River Head WSW. } W. to the outer side of Old 
 
 Brunswick 
 (St. Simon). 
 
 Pensacola. 
 
 Mobile. 
 
 New Orleans. 
 
 San Diego. 
 
 Columbia 
 River. 
 
 Cutler, Me. 
 Little Machias. 
 
346 BUREAU OF NAVIGATION 
 
 Man; thence WSW. f W. to the outer side of Double Shot 
 Islands; thence W. f S. to Li])l)v Islands light-house; 
 thence WSW. i W. to Moose Peak lioht-house; thence 
 WSW. i W. to Little Pond Head; from Pond Point, Great 
 Wass Island, W. by 8. to outer side of Crumple Island; 
 thence W. f S. to Petit Manan lig-ht-house. 
 
 New EngUuKi ^VU liarbors on the coasts of Maine, New Hampshire, and 
 Massachusetts between Petit Manan light-house. Me., and 
 Cape Ann light-houses, Mass.: Aline drawn from Petit 
 Manan light-house SW. t S., 26i miles, to Mount Desert 
 light-house; thence \V. f S., 33^ miles, to Matinicus Rock 
 light-houses; thence WNW. ^ W., 20 miles, to Monhegan 
 Island light-house; thence W., 21 miles, to Seguin Island 
 Whistling Buo}" thence W. f 8., 1!> miles, to Old Anthony 
 Whistling Buoy, off Cape Elizabeth; thence SW., 28 miles, 
 to Boon Island light-house; thence SW. i W., 12 miles, to 
 Anderson Ledge Spindle, off Isles of Shoals light-house; 
 thence S. by W. i W., 19^ miles, to Cape Ann light-houses, 
 Massachusetts. (Lines heretofore established for Portland 
 Harbor, and Kittery Har))or, Me., Portsmouth Harl)or, 
 New Hampshire, Newburyport, Ipswich and Annisquam 
 harbors, Massachusetts, are hereby canceled.) 
 
 Cape Cod. jt^\[ harbors in Cape Cod Bay, Mass. : A line di-awn from 
 
 Plymouth (Gurnet) light-houses E., IGi miles, to Race 
 Point light-house. 
 
 Nantucket, etc. Nantucket Sound, Vineyard Sound, Buzzards Bay, Nar- 
 ragansett Bay, Block Island Sound, and easterly entrance 
 to Long Island Sound: A line drawn from Chatham light- 
 houses, Mass., S. by E. f E., about (! miles, to Northeast 
 Slue Channel Whistling Buoy (Pollock Rip); thence S. by 
 W. t W., a))out 11 miles, to Great Round Shoal light- 
 vessel; thence SSW. f W., 7^ miles, to Sankaty Head 
 light-house; from the westerly end of Tuckernuck Island 
 NW. by W. i W., about .5i miles, to Wasque Point, Chap- 
 paquiddick Island; from Gay Head light-house W. ^ S., 35 
 miles, to Block Island (SE.) light-house; thence W. f S., 
 15 miles, to Montauk Point light-house, on the easterly 
 end of Long Island, New York. 
 ^st.johnsRiver, [^^ Johus Rivcr, Florida: A straight line from the outer 
 end of the northerly jetty to the outer end of the south- 
 erly jetty. 
 
 RULES FOR THE GREAT LAKES AND THE ST. LAAVRENCE 
 RIVER AS FAR EAST AS MOMTKEAE 
 
 ffJ'at'J^^^r'r ^ Tho foUowlug rulcs for preventing collisions shall be 
 
 (»S ocat., 645.) »,, ,. ,^. . -ii ii- 1 • 1 
 
 followed in the navigation of all public and private vessels 
 of the United States upon the Great Lakes and their con- 
 necting and tributary waters as far east as Montreal, 
 steam and sail RuLE 1. Evcry stcaiii vcssel which is under sail and not 
 under steam, shall be considered a sail vessel; and every 
 steam vessel which is under steam, whether under sail or 
 not, shall be considered a steam vessel. The word steam 
 
BUREAU OF NAVIGATION 347 
 
 vessel sluill includo nuy vessi^l ])r()pi^ll(Hl hy niachiiiery. 
 A vessel is uikUm- way witliiii the nu'tinino- of these rules 
 wlieu slie is not at anchor or mkuU^ fast to the shore or 
 ai^rouiul. 
 
 Ki r-E 2. The li^fhts mentioned in the following* rules and mkiuh. 
 no others shall ))e carried in all weathers from sunset to sun- 
 ris(\ The word visil)le in tiiese rul(\s wIkmi applied to lights 
 shall mean visible on adarU ni*;ht with a clear atmosphere. 
 
 Rii.K ;'.. Kxc(>pt in the casi>s hereinat'tei" ex])ressly i)ro- 
 vided tor, a steam vessel when under way shall carry: 
 
 (a) On or in front of the foremast, or if a vessel without 
 a foremast, then in the foi'epart of the vessel, at a heioht 
 above the hull of not less than twenty feet, and if the b(>am 
 of the vessel exceeds twenty feet, then at a height above 
 the hull not less than such beam, so, however, that such 
 height need not exceed forty feet, a bright white light so 
 constructed as to show an un])i'oken light over an arc of 
 the horizon of twenty points of the compass, so tixed as to 
 throw the light ten i)<)ints on each side of the vessel, 
 namely, from right alu^ad to two points abaft the beam on 
 either side, and of such character as to ))e visible at a dis- 
 tance of at least five miles. 
 
 (b) On the starboard side, a green light, so constructed 
 as to throw an unbroken light over an arc of the horizon 
 of ten points of the compass, so fixed iis to throw the light 
 from right ahead to two points abaft the ))eam on the star- 
 boai'd sitle, and of such a character as to bo visible at a 
 distance of at least two miles. 
 
 (c) On the port side, a red light, so constructed as to 
 show an unbroken light over an arc of the horizon of ten 
 points of the compass, so tixed as to throw the light from 
 right ahead to two points al)af t the beam on the port side, 
 and of such a character as to be visible at a distance of at 
 least two miles. 
 
 (d) The said green and red lights shall be fitted with 
 inboard screens projecting at least three feet forward from 
 the light, so as to prevent these lights from being seen 
 across the bow. 
 
 (e) A steamer of over one hundred and fifty feet register 
 length shall also carr}^ when underway an additional bright 
 light similar in construction to that mentioned in sul)- 
 division (a), so fixed as to throw the light all around the 
 horizon and of such character as to be visi))le at a distance 
 of at least three miles. Such additional light shall be 
 placed in line with the keel at least fift(MMi feet higher from 
 the (h'ck and more than seventy-five feet abaft the light 
 mentioned in subdivision (a). 
 
 Kur.K 4. A steam vesscd having a tow other than a raft, v.ssois tow- 
 shall in addition to the forward bright light mentioned in 
 subdivision (a) of rule three carry in a vertical line not 
 less than six feet above or below that light a second bright 
 light of the same construction and character and fixed and 
 
 1111,'. 
 
348 BUEEAD OF NAVIGATION • 
 
 carried in the same manner as the forward bright light 
 mentioned in said subdivision (a) of rule three. Such 
 steamer shall also carry a small bright light abaft the 
 funnel or aftermast for the tow to steer by, but such light 
 shall not be visible forward of the beam. 
 
 Rule 5. A steam vessel having a raft in tow shall, in- 
 stead of the forward lights mentioned in rule four, carry 
 on or in front of the foremast, or if a vessel without a fore- 
 mast then in the fore part of the vessel, at a height above 
 the hull of not less than twenty feet, and if the beam of 
 the vessel exceeds twenty feet, then at a height above the 
 hull not less than such beam, so however that such height 
 need not exceed forty feet, two bright lights in a horizon- 
 tal line athwartships and not less than eight feet apart, 
 eacli so lixed as to throw the light all around the horizon 
 and of such character as to be visible at a distance of at 
 least five miles. Such steamer shall also carr}^ the small 
 bi'ight steering liglit aft, of the character and fixed as 
 required in rule four. 
 
 Rule 6. A sailing vessel under wa}^ and an}^ vessel 
 being towed shall carry the side lights mentioned in rule 
 three. 
 
 A vessel in tow shall also carr}- a small bright light aft, 
 but such light shall not be visible forward of the beam. 
 
 Rule T. The lights for tugs under thirty tons register 
 whose principal lousiness is harbor towing, and for boats 
 navigating only on the River Saint Lawrence, also ferry- 
 boats, rafts, and canal boats, shall be regulated by rules 
 which have been or may hereafter be prescribed by the 
 Board of Supervising Inspectors of Steam Vessels. 
 
 Rule 8. Whenever, as in the case of small vessels under 
 way during l)ad weather, the green and red side lights can 
 not be fixed, these lights shall be kept at hand lighted and 
 ready for use, and shall, on the approach of or to other 
 vessels, be exhibited on their respective sides in sufficient 
 time to prevent collision, in such manner as to make them 
 most visible, and so that the green light shall not be seen 
 on the port side, nor the red light on the starboard side, 
 nor, if practicable, more than two jjoints abaft the lieam 
 on their respective sides. To make the use of these port- 
 able lights more certain and eas}^, they shall each be painted 
 outside with the color of the light the}^ respectively con- 
 tain, and shall be provided with suita])le screens. 
 
 Rule 9. A vessel under one hundred and fifty feet reg- 
 ister length, when at anchor, shall carry forward, where it 
 can best be seen, but at a height not exceeding twenty 
 feet above the hull, a white light in a lantern constructed 
 so as to show a clear, uniform, and unbroken light, visible 
 all around the horizon, at a distance of at least one mile, 
 
 A vessel of one hundi'cd and fifty feet or upward in reg- 
 ister length, when at anchor, shall carry in the forward 
 part of the vessel, at a height of not less than twenty and 
 
BUREAU OF NAVIGATION 849 
 
 not (>xc('e(lin»j- forty I'eet above the hull, one .such li.u'ht, 
 and at or near the stern of the -vessel, and at sueha heijrht 
 that it shall ))e not less than fifteen feet lower than the 
 forward iiiiht, another such lioht. 
 
 lIuLK 10, l*roduce boats, canal boats, fishino- ])oats, rafts, 
 or other water craft navii;atinin- any bay, harbor, or riv'er 
 by hand power, horse power, sail, or by the current of the 
 river, or which shall be anchoi'cd or moored in or near the 
 channel or fairway of any bay, harboi', or river, and not 
 otherwise provided for in these rules, shall carry one or 
 more j^'ood white lights, which shall be placed in such man 
 ner as shall l)e prescribed b}^ the Board of Supervisinc^ 
 Insi)ectors of Steam Vessels. 
 
 Rule 11. Open boats shall not be oblio-ed to carry the 
 side lights required for other vessels, ])ut shall, if they do 
 not carry such liohts, carry a lantern having- a green slide 
 on one side and a red slide on the other side; and on the 
 approach of or to other vessels^ such lantern shall l)e exhib- 
 ited in sutiicient time to prevent collision, and in such a 
 manner that the green light shall not be seen on the port 
 side, nor the red light on the starboard side. Open boats, 
 when at anchor or stationary, shall exhibit a bright white 
 light. They shall not, however, be prevented from using 
 a llare-up in addition if considered expedient. 
 
 Rule 12. Sailing vessels shall at all times, on the ap- 
 proach of any steamer during tlie night-time, show a lighted 
 torch upon that point or cpiarter to which such steamer 
 shall be approaching. 
 
 Rule 13. The exhibition of anj^ light on board of a ves- 
 sel of war or revenue cutter of the United States may be 
 suspended whenever, in the opinion of the Secretary of 
 the Navy, the commander in chief of a squadron, or the 
 connnander of a vessel acting singly, the special character 
 of the service ma}' require it. 
 
 Rule 14. A steam vessel shall be provided with an effi- Fog signals. 
 cient whistle, sounded b}" steam or by some substitute for 
 steam, placed before the funtiel not less than eight feet 
 from the deck, or in such other place as the local inspectors 
 of steam vessels .shall determine, and of such character as 
 to be heard in ordinary weather at a distance of at least 
 two miles, and with an efficient bell, and it is liereby made 
 the duty of the United States local inspectors of steam 
 vessels when inspecting the same to require each steamer 
 to be furnished with such whistle and bell. A .sailing ves- 
 sel shall be provided with an efficient fog horn and with 
 an efficient bell. 
 
 Whenever there is thick weather b}' reason of fog, mist, 
 falling snow, heavy rainstorms, or other causes, whether 
 by day or b}^ night, fog signals shall be u.sed as follows: 
 
 (a) A steam ves.sel under way, excepting only a steam 
 vessel with raft in tow, shall .sound at intei'vals of not more 
 than one minute three distinct blasts of her whistle. * 
 
350 BUREAU OF NAVIGATION 
 
 (b) Every vessel in tow of anotlier ve.s.sel .shall, fit inter- 
 vals of one minute, soiuul four bells on a g'ood and efficient 
 and properly placed })eU as follows: By striking- the l)ell 
 twice in quick succession, followed l\y a little lonoer inter- 
 val, and then again striking twice in quick succession (in 
 the manner in which four bells is struck in indicating time). 
 
 (c) A steamer with a raft in tow shall sound at intervals 
 of not more than one minute a screeching or Modoc whistle 
 for from three to tive seconds. 
 
 (d) A sailing vessel under wa}' and not in tow shall 
 sound at intervals of not more than one minute — 
 
 If on the starboard tack with ^vind forward of abeam, 
 one blast of her fog horn; 
 
 If on the port tack with wind forward of the beam, two 
 blasts of her fog horn; 
 
 If she has the wind al)aft the beam on either side, three 
 blasts of her fog horn; 
 
 (e) Any vessel at anchor and an}- vessel aground in or 
 near a channel or fairway shall at intervals of not more 
 than two minutes ring the bell rapidly for three to live 
 seconds. 
 
 (f) Vessels of less than ten tons registered tonnage, not 
 l)eing steam vessels, shall not be obliged to give the above- 
 mentioned sig-nals, ])ut if they do not they shall make some 
 other efficient sound signal at intervals of not more than 
 one minute. 
 
 (g) Produce boats, fishing boats, rafts, or other water 
 craft navigating- by hand ])ower or l)y the current of the 
 river, or anchored or moored in or near the channel or fair- 
 way and not in any port, and not otherwise })rovided for 
 in these rules, shall sound a fog horn, or equivalent signal, 
 at intervals of not more than one minute. 
 
 Rule 15. Every vessel shall, in thick weather, ])v I'cason 
 of fog, mist, falling' snow, heavy rain storms, or other 
 causes, go at moderate speed. A steam vessel hearing, 
 apparently' not more than four points from right ahead, 
 the fog signal of another vessel shall at once reduce her 
 speed to bare steerageway , and navigate with caution until 
 the vessels shall have passed each other. 
 
 STEERING AND SAILING RULES 
 
 Sailing vessels. RuLE IT). When two sailing vcsscls are approaching one 
 another so as to involve risk of collision one of them shall 
 keep out of the way of the other, as follows, namely: 
 
 (a) A vessel which is running free shall keep out of the 
 way of a vessel which is closehauled. 
 
 (I)) A vessel which is closehauled on the port tack shall 
 keep out of the way of a vessel which is closehauled on the 
 starboard tack. 
 
 (c) When both are running free, with the wind on ditier- 
 ent sides, the vessel which has the wind on the port side 
 shall keep out of the way of the other. 
 
BUREAU OK NAVIGATION 351 
 
 ((1) WIkmi tliov arc I'uiininu- rrcc, with (lie wind on the 
 sanu' side, the vessel wliieli is to windwai'd shall keep out 
 of the way of the vessel which is to leeward. 
 
 KuLE 17. When two steam vessels arc ineetinj>- end on, steam vessels. 
 or nearly end on, so as to involve risk of collision each shall 
 alter her course to starboard, so that each shall pass on the 
 port side of the other. 
 
 Kri>: IS. ^^'hen two steam vessels are crossing so as to 
 invohe risk of collision tht» V(>ssel which has the other on 
 her own starboard side shall kcc]) out of the Avay of the 
 other. 
 
 Rvi.E 11'. AN'hen a steam vessel and a sailing- vessel are 
 ])i-oceedin<>" in such directions as to involve risk of collision 
 the steam vessel shall keep out of the way of the sailing 
 vessel. 
 
 Kii.E 20. Where, l)y any of the rules herein prescribed, 
 one of two vessels shall keep out of the way, the other 
 <liall keep her course and sp(>ed. 
 
 KuLK HI. Every steam vessel Avhich is directed l)y these 
 rul(\s to keep out of the way of another vessel shall, on 
 appioaching her. if necessary, slacken her speed or stop or 
 reverse. 
 
 Rule 22. Notwithstanding anything contained in these 
 rules every vessel overtaking any other shall keep out of 
 the way of the overtaken vessel. 
 
 liuLE 23. In all weathers every steam vessel under way 
 in taking any c-ourse authorized or required by these rules 
 shall indicate that course by the following signals on her 
 whistle, to l)e accompanied whenever required by corre- 
 sponding alteration of her helm; and every steam vessel 
 receiving a signal from another shall promptly respond 
 with the same signal or, as provided in Rule Twenty-six: 
 
 One blast to mean, " 1 am directing mj'^ course to star- 
 board." 
 
 Two blasts to mean, '• 1 am directing my course to port." 
 But the giving or answering signals ])y a vessel required to 
 keep her course shall not vary the duties and obligations 
 of the respective vessels. 
 
 Rule 21. That in all narrow channels where there is a 
 current, and in the rivers Saint Mary, Saint Clair, Detroit, 
 Niagara, and Saint Lawrence, when two steamers are 
 meeting, the descending steamer shall have the right of 
 way, and shall, ])ef()re the vessels shall hnvv arrived within 
 the distance of one-half mile of each other, give the signal 
 n(>cessary to indicate Avhich s/de she elects to take. 
 
 Rule 25. In all channels less than live hundred feet in 
 width, no steam vessel shall pass another going in the 
 same direction unless the steam vessel ahead be disabled 
 or signify her willingness that the steam vessel astern shall 
 pass, when the steam vessel astern maj' pass, subject, how- 
 ever, to the other rules jipplicable to such a situation. 
 And when steam vessels proceeding in opposite directions 
 
352 BUKEAU OF NAVIGATION 
 
 are about to meet in such channels, both .such vessels shall 
 be slowed down to a moderate speed, according- to the 
 circumstances. 
 
 Rule 26. If the pilot of a steam vessel to which a pass- 
 ing' sig-nal is sounded deems it unsafe to accept and assent 
 to said signal, he shall not sound a cross sigiial; but in 
 that case, and in every case where the pilot of one steamer 
 fails to understand the couise or intention of an approach- 
 ing steamer, whether from signals being given or answered 
 erroneously, or from other causes, the pilot of such steamer 
 so receiving the tirst passing signal, or the pilot so in doubt, 
 shall sound several short and rapid blasts of the whistle; 
 and if the vessels shall have approached within half a mile 
 of each other both shall reduce their speed to bare steer- 
 age way, and, if necessary, stop and reverse. 
 
 Rule 27. In obej^ing and construing these rules due 
 regard shall be had to all dangers of navigation and colli- 
 sion and to any special circumstances w^hich may render a 
 departure from the above rules necessar}^ in order to a\'oid 
 immediate danger. 
 
 Rule 28. Nothing in these rules shall exonerate an}^ 
 vessel, or the owner or master or crew thereof, from the 
 consequences of any neglect to carry lights or signals, or 
 of any neglect to keep a proper lookout, or of a neglect of 
 any precaution which may be i-equired by the ordinary 
 practice of seamen, or by the special circumstances of the 
 case. 
 
 ^eb.s w,w. A fine, not exceeding two hundred dollars, may be im- 
 
 sec. 2" " '^ ' posed for the violation of any of the provisions of this Act. 
 The vessel shall be liable for the said penalty, and may be 
 seized and proceeded against, Iw way of libel, in the dis- 
 trict court of the United States for any district within 
 which such vessel may be found. 
 
 ^^'^- ^- The Secretary of Commerce and Labor of the United 
 
 States shall have authority to establish all necessary regu- 
 lations, not inconsistent with the provisions of this Act, 
 required to carry the same into effect. "* 
 
 The Board of Supervising Inspectors of the United 
 States shall have authority to establish such regulations 
 to be observed by all steam vessels in passing each other, 
 not inconsistent with the provisions of this Act, as thej^ 
 shall from time to time deem necessary; and all regulations 
 adopted by the said Board of Supervising Inspectors under 
 the authoritj^ of this Act, when approved by the Secretar}^ 
 of Commerce and Labor, shall have the force of law. Two 
 printed copies of any such regulations for passing, signed 
 by them, shall be furnished to each steam vessel, and shall at 
 all times be kept posted up in conspicuous places on board. 
 
 *''• ^- All laws or parts of laws, so far as applicable to the 
 
 navigation of the Great Lakes and their connecting and 
 tributary waters as far east as Montreal, inconsistent with 
 the foregoing rules are hereby repealed. 
 
BUKEAU OF NAVIGATION 353 
 
 KTLKS FOR TIIK RED UIVER OF THE NORTH AND RIVERS 
 EMPTYING INTO THE (iULF OF MEXICO, AND THEIK 
 TRIHUTARIES 
 
 SiTtions forty-two hundred and thirty-throe, forty-four Juner, isor. 
 hundred und twelve (with the reij;u hit ions !n:i(U^ in pursuance sec'^t'" 
 therei)f, except the ruhvs juul reii'ulations for the oovern- 
 nient of i)ih)ts of steamers navi<iatino- the Red River of the 
 North and rivers eniptyin^- in the (iulf of Mexico and 
 their tributaries, and except the ruK's for the (IreatLalces 
 and their connecting" and tril)utary waters as far cast as 
 Montreal), and forty-four hundred and thirteen of the 
 Revised kStatutes of the United States, and chapter two 
 iuuidred and two of the laws of eig-hteen hundred and 
 ninety-three, and sections one and three of chapter one hun- 
 died and two of the laws of eio-hteen hundred and ninet}^- 
 tive, and sections tive, twelve and thirteen of the Act 
 a[)pr()ved Mai'ch third, eighteen hundred and ninety-seven, 
 entitled "An Act to amend the laws relating' to naviga- 
 tion," and all amendments thereto, are hereby repealed so r. s., i^.ts. 
 far as the harbors, rivers, and iidatid Avate^s aforesaid 
 (except the (xreat Lakes and their connecting and tril)utary 
 waters as far east as Montreal and the Red River of the 
 North, and rivers emptying into the Gulf of Mexico, and 
 their tributaries) are concerned. 
 
 The following rules for preventing collisions on the 
 water shall b(» followed in the navigation of vessels of 
 the Navv and of the mercantile marine of the United 
 States: 
 
 Rule one. Every steam-vessel which is under sail, and ^.J^^^'J"^""*^ ^'^'' 
 not under steam, shall be considered a sail-vessel; and every 
 steam-vessel which is under steam, whether under sail or 
 not, shall be considered a steam-vessel. 
 
 Rule two. The lights mentioned in the following rules, i-'shts. 
 and no others, shall be carried in all weathers, l)etween 
 sunset and sunrise. 
 
 Rule three. All ocean-going steamers, and steamers car- 
 rying sail, shall, when under way, carry — 
 
 (A) At the foremast head, a bright white light, of such 
 a character as to be visible on a dark night, with a clear 
 atmosphere, at a distance of at least tive miles, and so 
 (•onstructed as to show a uniform and unbroken light over 
 an arc of the horizon of twenty points of the compass, and 
 so tixed as to throw the light ten points on each side of 
 the vessel, namely, from right ahead to two points abaft the 
 beam on either side. 
 
 (B) On th(> starboard side, a green light, of such a char- 
 acter as to be visible on a dark night, with a clear atmos- 
 phere, at a distance of at l(>ast two miles, and so constructed 
 as to show a uniform and unl)roken light over an arc of 
 the horizon of ten points of tlu^ compass, and so tixed as 
 
 27628—04 23 
 
354 BUREAU OF NAVIGATION 
 
 I 
 
 to throw the light from right ahead to two points a])aft 
 the beam on the starboard side. 
 
 (C) On the port side, a red light, of such a character as 
 to be visible on a dark night, with a clear atmosphere, at 
 a distance of at least two miles, and so constructed as to 
 show a uniform and unbroken light over an arc of the 
 horizon of ten points of the compass, and so tixed as to 
 throw the light from right ahead to two points abaft the 
 beam on the port side. 
 
 The green and red lights shall be fitted with inboard 
 screens, projecting at least three feet forward from the 
 lights, so as to prevent them from being seen across the 
 bow. 
 
 Rule four. Steam-vessels, when towing other vessels, 
 shall carry two bright white mast-head lights verticall}', 
 in addition to their side lights, so as to distinguish them 
 from other steam- vessels. Each of these mast-head lights 
 shall be of the same character and construction as the 
 mast-head lights prescribed by Rule three. 
 
 Rule five. All steam-vessels, other than ocean-going 
 steamers and steamers carrying sail, shall, when underway, 
 carrying on the starboard and port side lights of the same 
 character and construction and in the same position as are 
 prescribed for side-lights by Rule three, except in the case 
 provided in Rule six. 
 
 Rule six. River-steamers navigating waters flowing into 
 the Gulf of Mexico, and their tributaries, shall carry the 
 following lights, namely: One red light on the outboard 
 side of the port smoke-pipe, and one green light on the out- 
 board side of the starboard smoke-pipe. Such lights shall 
 show both forward and abeam on their respective sides. 
 
 Rule seven. All coasting steam-vessels, and steam-vessels 
 other than ferry-boats and vessels otherwise expressly 
 provided for, navigating the bays, lakes, rivers, or other 
 inland waters of the United States, except those mentioned 
 in Rule six, shall carry the red and green lights, as pre- 
 scribed for ocean-going steamers; and, in addition thereto, 
 a central range of two white lights; the after-light being 
 carried at an elevation of at least fifteen feet above the 
 light at the head of the vessel. The head light shall be so 
 constructed as to show a good light through twenty points 
 of the compass, namely: from right ahead to two points 
 abaft the beam on either side of the vessel; and the after- 
 Mar.s. 1S93. light SO as to show all around the horizon. The lights for 
 (V Stat., 557.) ferry-boats, barges and canal boats when in tow of steam 
 vessels shall be regulated by such rules as the board of 
 supervising inspectors of steam-vessels shall prescribe. 
 R. s., j,23s. Rule eight. Sail-vessels, under way or being towed, shall 
 
 carry the same lights as steam vessels under way, with the 
 exception of the white mast-head lights, which they shall 
 never carry. 
 
 Rule nine. Whenever, as in case of small vessels during 
 bad weather, the green and red, lights cannot be fixed, 
 
BUREAU OF NAVIGATION 355 
 
 tli(>s(' liylits slmll 1)0 kept on deck, on thoir rospoctive sides 
 of tlio vessel, iviidy for iiisttuit (>xhil)itioii, and shall, on the 
 approach of or to other vessels, \n' exhihited on their 
 resjx'ctive side.> in sufHeient time to prevent eollision, in 
 such nraniuM" as to make them most visible, and so that the 
 yre(Mi liiiht shall not be seen on the i)ort side, nor the I'ed 
 lioht on the starboard side. To make the use of these 
 portable liohts more certain and easv, they shall each be 
 ])ainted outside with the color of the lijjht they respec- 
 tively contain, and shall be provided with suitable screens. 
 
 Rule ten. All vessels, whether steam-vessels or sail- ves- 
 sels, whon at anchor in roadsteads or fairways, shall, be- 
 tween sunset and sunrise, exhibit where it can best be seen, 
 l)ut at a height not exceedinij' twenty feet al)ove the hull, 
 a white liiiht in a g-lobular lantern of eio-ht inches in diame- 
 ter, and so constructed as to show a clear, uniform, and 
 . unbroken lij^ht, visible all around the horizon, and at a 
 distance of at least one mile. 
 
 Kule eleven. Sailing pilot-vessels shall not carry the 
 lights required for other sailing-vessels, but shall carry a 
 white light at the mast-head, visible all around the horizon, 
 and shall also exhibit a flare-up light every fifteen minutes. 
 
 Steam pilot ])oats shall, in addition to the mast-head light ^; •'''•. ^^ss. 
 
 I _ ^ ^ ^ Mciv 3 1897 
 
 and green and red side lights required for ocean steam ves- {zgstdt., esk) 
 sels, carry a red light hung verticallv from three to live feet ^^'^^ ^• 
 above the f or(>mast headlight, for the purpose of distinguish- 
 ing such steam pilot boats from other steam vessels. 
 
 Rule twelve. Coal-boats, trading-boats, produce-boats, 
 canal-boats, 03'ster-boats, fishing-boats, rafts, or other 
 water-craft, navigating any bay, harbor, or river, by hand- 
 power, horse power, sail, or l)y the current of the river, or 
 which shall l)e anchored or moored in or near the channel 
 or fairway of any bay, harbor, or river, shall carry one 
 or more good white lights, which shall be placed in such 
 manner as shall be prescribed by the board of supervising 
 inspectors of steam- vessels [but this rule shall be so con- f;"^^^^^' ^^f- 
 strued as not to require row boats and skill's on the river hec. le.'' 
 St. Lawrence to carry lights.] _ S^sta/S.) 
 
 Kule thirteen. Open boats shall not be required to carry ^- «•. 4253. 
 the side-lights required for other vessels, but shall, if they 
 do not carr}' such lights, carry a lantern having a green 
 slide on one side and a red slide on the other side; and, on 
 the approach of or to other vessels, such lantern shall l)e 
 exhibited in suflicient time to prevent collision, and in such 
 a maimer that the green light shall not be seen on the port 
 sid(>, nor the red light on the star))oard side. Open boats, 
 when at anchor or stationary, shall exhibit a lu-ight white 
 light. They shall not, however, l)e pre\ented from using 
 a flare-up, in addition, if consid(>red ex])e(lient. 
 
 Kule fourt(>en. The exhibition of any light on board of n. s., 1,23.1. 
 a vessel of war of the TnitcHl States may be suspended ('ig'^sva/./ssa) 
 whenever, in the opinion of the Secretary of the Navy, the *<'• ^^- ' 
 conunander in chief of a squadron, or the commander of a 
 
356 BUREAU OF NAVIGATION 
 
 vessel acting singly, the special character of the service 
 may require it. The exhibition of any light on board of 
 a revenue cutter of the United States may ])e suspended 
 whenever, in the opinion of the commander of the vessel, 
 the special character of the service may require it. 
 Ji'VHfss' Kule tifteen. Whenever there is a fog, or thick weather, 
 
 Mar'.'s^mr. whether l)y day or night, fog signals shall be used as fol- 
 {29^s(aL, 690.) Iq^^j^. ^.^^ Steam vessels under way shall sound a steam 
 whistle placed before the funnel,- not less than eight feet 
 from the deck, at intervals of not more than one minute. 
 Steam vessels, when towing, shall sound three bhists of 
 quick succession repeated at inter v'als of not more than 
 one minute, (b) Sail vessels under way shall sound a fog 
 horn at intervals of not more than one minute, (c) Steam 
 vessels and sail vessels, when not under way, shall sound 
 a l)ell at intervals of not more than two minutes. 
 
 (•D) Coal-])oats, trading-boats, produce-boats, canal- 
 boats, oyster-boats, lishing-boats, rafts, or other water- 
 craft, navigating any bay, harbor, or river, by hand- 
 power, horse-power, sail, or b}^ the current of the river, 
 or anchored or moored in or near the channel or fairway 
 of any bay, harbor, or river, and not in any port, shall 
 sound a fog-horn, or eciuivalent signal, which shall make 
 a sound equal to a steam- whistle, at intervals of not more 
 than two minutes. 
 
 Rule sixteen. Risk of collision can, when circumstances 
 permit, be ascertained by carefully watching the compass 
 bearing of an approaching vessel. If the bearing does not 
 appreciably change such risk should be deemed to exist. 
 Rule seventeen. When two sailing vessels are approach- 
 ing one another, so as to involve risk of collision, one of 
 them shall keep out of the way of the other, as follows, 
 namely: 
 
 (a) A vessel which is riuining free shall keep out of the 
 way of a vessel which is close-hauled. 
 
 (b) A vessel which is close-hauled on the port tack shall 
 keep out of the way of a vessel which is close-hauled on 
 the starboard tack. 
 
 (c) When both are running free, with the wind on difl'er- 
 ent sides, the vessel which has the wind on the port side 
 shall keep out of the way of the other. 
 
 (d) When both vessels are running free, with the wind 
 on the same side, the vessel which is to the windward shall 
 keep out of the wa}' of the vessel which is to the leeward. 
 
 (e) A vessel which has the wind aft shall keep out of the 
 way of the other vessel. 
 
 Rule eighteen. If two vessels under steam are meeting 
 end on, or nearly end on, so as to involve risk of collision, 
 the helms of both shall be put to port, so that each niay 
 pass on the port side of the other. 
 
 Rule nineteen. If two vessels under steam are crossing 
 so as to involve risk of collision, t\w vessel which has the 
 other on her own starboard side shall keep out of the way 
 of the other. 
 
 steering a n d 
 sailing rules. 
 R. S., iSSS. 
 Mar. 3, 1897. 
 (29 Stat., 690.) 
 Sec. n. 
 
 R. s., ms. 
 
 Mar. 3. 1897. 
 (39 Stat., 690.) 
 Sec. 12. 
 
BUREAU OF NAVIGATION 357 
 
 Kulo twonty. It" two vossols. one of whioh is a sail-V(>ss(>l 
 and tlio other a st^'aiu-vcsscl. arc pre k-(hm lino- in siicli diicc- 
 tions as lo involve risk of collision, the stcaiii-NCsscl shall 
 keep out of the way of the sail-vessel. 
 
 Kuie twenty-one. Every steam-vessel, when a[)pi'oaehino- 
 another vessel, so as to involve risk of collision, shall 
 slacken her speed, or, if necessary, stop and reverse; and 
 every steam-vessel shall, when in ii fog, go at a moderate 
 speed. 
 
 Kale twenty-two. Every vessel overtaking any other 
 vessel shall keep out of the wav of the last-mentioned 
 vessel. 
 
 Rule twenty-three. Where, hy Kulesseventeen. nineteen, 
 twenty, and twenty-two, one of two vessels shall keep out 
 of the way, the other shall keep her course, subject to the 
 qualitications of Rule twenty-four. 
 
 Rule twenty-four. In construing and o))eying these 
 rules, due regard must be had to all dangers of naviga- 
 tion, and to any special circumstances which may exist in 
 any particular case rendering a departure from them 
 nec«>ssary in order to avoid innnediat(> danger. 
 
 Rule twentv-tive. A sail vessel which is ])eing overtaken f.- '''•'/~;'f-. 
 
 -. ., 1111 '1 .'/»(/. ,s, lS'.h . 
 
 by anotiier vessel durmg the lught shall show from her stern {29stat., cm.) 
 to such last-mentioned vessel a torch or a tiare-up light. ■'^''<"- ^5- 
 
 Rule twenty-six. Nothing in these rules shall exonerate 
 any ship, or the owner, or master, or crew thereof, from 
 the consequences of any neglect to carry lights or signals, 
 or of any neglect to keep a proper lookout, or of the neg- 
 lect of any precaution which may be required by the ordi- 
 nary practice of seamen or by the special circumstances of 
 the case. 
 
 [The board of supervising in.spectors shall establish such ^u,f'ii''\%o. 
 reofulations to be observed l)v all steam-vessels in passing hs stat.. 320.) 
 
 1 i.! xi 1 II ^ ■ i- 4- .-• 1 Feb.S,lS95. 
 
 each other, as they shall from tune to tune deem necessary (2s stat.. 6/,5.) 
 for safety; two printed copies of. such regulations, signed '(sostat^.^m.) 
 by them, shall be furnished to each of such vessels, and see. 5. 
 shall at all times be kept posted up in conspicuous places 
 in such vessels.] 
 
 [P^very pilot, engineer, mate, or master of any steam- jane7'!'im. 
 vessel who neglects or wilfully refuses to observe the {sostdt.,ios.) 
 regulations established in pursuance of the preceding sec- 
 tion, shall be liable to a i)enalty of tifty dollars, and for 
 all damages sustained by any passenger, in his person or 
 baggage, b}^ such neglect or refusal.] 
 
 On any steamers navigating rivers only, when, f I'oui ^j^JJ^'^'®'" "a^'g^^- 
 darkness, fog, or other cause, the pilot or watch shall be k. s., wsr. 
 of opinion that the navigation is unsafe, or, from accident 
 to or derangement of the machinery of the l)oat, the chief 
 engineer shall be of the opinion that the further naviga- 
 tion of the vessel is unsafe, the vessel shall be ])rought to 
 anchor, or inoor(Ml as soon as it can ])rud{Mitly be done: 
 J*r(*v/'dtd, That if the person in connnand shall, after being 
 so admonished by either of such officers, elect to pursue 
 
358 BUEEAU OF NAVIGATION 
 
 such voyage, he may do the same; but in such case l)oth 
 ho and the owners of such steamer shall bo answerable for 
 all damages which shall arise to the person of any passen- 
 ger, or his baggage, from such causes in so pursuing the 
 voyage, and no degree of care or diligence shall in such 
 case be held to justify or excuse the person in command, 
 or the owners. 
 st^Marys^Riven "^^^ Secretary of Commerce and Labor hereby is author- 
 
 Mar. 6, 1896. izod and directed to adopt and prescribe suitable rules and 
 
 (-»•«■■ '■ regulations governing the movements and anchorage of 
 vessels and rafts in Saint Marys River, from Point Iro- 
 quois, on Lake Superior, to Point Detour, on Lake Huron, 
 and for the purpose of enforcing the observance of such 
 regulations the [said] Secretary of the Treasury is hereby 
 authorized to detail one or more revenue cutters for duty 
 on said river. 
 
 Seen. All officers of the Revenue-Cutter Service who are 
 
 directed to enforce the regulations prescribed by the above 
 rules are hereby empowered and directed, in case of neces- 
 sity, or when a proper notice has been disregarded, to use 
 the force at their command to remove from channels or 
 stop any vessel found violating the prescribed rules. 
 
 ^^^■^- In the event of the violation of any such regulations or 
 
 rules of the Secretary of Commerce and Labor by the own- 
 ers, master, or person in charge of such vessel, such own- 
 ers, master, or person in charge shall be liable to a penalty 
 of two hundred dollars, and the vessel, its tackle, apparel, 
 furniture, and cargo, at any time used or employed in vio- 
 lation of such regulations, shall be forfeited to the United 
 Stat3s: Provided^ That the Secretary of Commerce and 
 Labor may remit said fine or release said vessel on such 
 terms as he may prescribe: Provided also ^Th&X nothing 
 in this Act shall be construed to amend or repeal the Act 
 entitled "An Act to regulate navigation on the Great 
 Lakes and connecting tributary waters as far east as 
 Montreal." 
 fo? regatta/"'^'' I" order to provide for the safety of passengers on excur- 
 
 Mayi9,im. siou stoamors, yachts, oarsmen and all craft, whether as 
 
 •) observers or participants, taking part in regattas, amateur 
 
 or professional, that may hereafter be held on navigable 
 
 fsl'staL^sli) waters, the Secretary of the Treasury be, and he is hereby, 
 authorized and empowered in his discretion to detail revenue 
 cutters to enforce such rules and regulations as may be 
 adopted to insure the safety of passengers on said excursion 
 steamers, yachts, oarsmen and all craft, whether as observ- 
 ers or participants, taking part in such regattas. 
 
 shipbuilders' materials in bond 
 
 A\f"sf^im ^^' materials of foreign production which may be neces- 
 (28 Stat, s/,8'.) sary for the construction of vessels built in the United 
 ^^'^' '■ States for foreign account and ownership or for the pur- 
 
 pose of being employed in the foreign trade including the 
 
BUREAU OF NAVIGATION 359 
 
 uradc Ix'twiMMi tlu> Atlantic and Pacitic poi't-of the United 
 States, and ail such materials ncccssarv for the huildiny- of '''J,')%''',} '%l\ 
 (heir machinery, and all articles necc^ssarv for their outfit ■•<<,■. u\"~ '' 
 and e(|uij)ment, after the passage of this Act, may he im- 
 portecl in hond under such re»>-ulations as the Secretary of 
 the Ireasury may prescribe; and upon proof that such {3^siat.,s29.) 
 materials have been used for sin- h purposes no duties shall •''''^- 'o- 
 l>e paid thereon. But vessels reeeivino* the benefit of this 
 section shall not be allowed to engage in the coastwise 
 tiade of the United States more than two months in any 
 one year except upon the ])ayment to the United States of 
 the duties of which a rid)ate is herein allowed: I^i-oi^'uled^ 
 That vessels built in the United States for fonMon account 
 and ownership shall not l)e allowed to en<>ao-e in the coast- 
 wise trade of th(> United States. 
 
 consuls' services to vessels 
 
 Consuls and vice-consuls shall have the right, in the ports j..^^^ "esse'if ^' 
 or places to which tlu\v are severally appointed, of receiv- k. s., vh. 
 ino- the protests or declarations which captains, masters, 
 crews, passengers, or merchants, Avho are citizens of the 
 United States, may respectively choose to make there; and 
 also such as any fonMgner may choose to make before them 
 relatives to the personal interest of any citizen of the United 
 States. Uopies of such acts duly authenticated by consuls 
 or vice-consuls, under the seal of their consulates, respec- 
 tively, shall be received in evidence equally with their orig- 
 inals in all courts in the United States. 
 
 Every consular officer shall keep a detailed list of all sea- ^^'^^l^] ^^ ""^^p 
 men and mariners shipped and discharged b}- him, specify- k- ■'i^,'i7os. 
 ing their names and the names of the vessels on which they 
 are shipped and from which they are discharged, and the 
 payments, if any, made on account of each so discharged; 
 also of the number of the vesselsarrived and departed, the 
 amounts of their registered tonnag'e, and the number of 
 their seamen and mariners, and of those who are protected, 
 and whether citizens of the United States or not, and as 
 nearly as possible the nature and value of their cargoes, 
 and where produced, and shall make returns of the same, 
 with their accounts and other returns, to the Secretary of ffi'-J^; ^•?,*!- , 
 Lonnnerce and Labor. 
 
 Whenever any master or commander of a vessel of the a'. .'<•.. jr/s. 
 United States has occasion for any consular or other offi- 
 cial service, which any consular officer of the United States 
 is authorized l)y law or usac^e officially to perform, and for 
 which any fees are allowed l)v the rates or tarifi's of fees, 
 he shall ai:)plv to the consular officer at the consulate or Rate of con- 
 
 . ' ' • , . . . • 1 * sill s fees. 
 
 commercial agency where such service is required to per- 
 form such service, and shall pay to such officer the fees 
 allowed for such service by the rates or tariffs of fees. 
 And every such master or commander who omits so to do 
 shall be liable to the United States for the amount of the 
 
360 BUREAU OF NAVIGATION 
 
 fees lawfull}' c"luirgo;il>lo for .such services when actually 
 performed. All consular officers are autlioi-izetl and 
 required to retain in their possession all the papers of such 
 vessels, which shall be dei)osited with tlieni as directed by 
 law, till payment shall be made of all demands and wages 
 on account of such vessels, 
 jees, how pay- ^q fg^g named in the tariff of consular fees prescribed 
 ./Hne'26,issi,. ])y order of the President shall be charged or collected by 
 se^d^it"^^'^ consular officers for the official services to American ves- 
 sels and seamen. Consular officers shall furnish the master 
 of every such vessel with an itemized statement of such 
 services performed on account of said vessel, with the fees 
 so prescribed for each service and make a detailed report 
 Feb. i/„ 1903. to the Secretary of Commerce and Labor of such services 
 'sel.^io'." ''^'^'^ 'ind fees, under such regulations as the Secretary of State 
 may prescribe; and the Secretary of Commerce and Labor 
 shall allow consular officers who are paid in whole or in 
 part by fees such compensation for said services as they 
 would have received prior to the passage of this act: Pro- 
 tridcd., That such services in the opinion of the Secretary 
 of Commerce and Labor have been necessarily rendered. 
 Compensation jy^ cousular officcr, uor auv person under any consular 
 
 from seamen pro- ^ , • i . i • /i • r 
 
 hibited. ^ officcr shall make any charge or receive, directly or incli- 
 
 n. .s., 1719. i-ectly, any compensation, by way of commission or other- 
 wise, for receiving or disbursing the wages or extra wages 
 to which any seaman or mariner is entitled who is dis- 
 charged in any foreign country, or for any money advanced 
 to any such seaman or mariner who seeks relief from any 
 consulate or commercial agency; nor shall any consular 
 officer, or any person under any consular officer, ))e inter- 
 ested, directly or indirectly, in any protit derived from 
 clothing, boarding, or otherwise supplying or sending 
 home any such seaman or mariner. Such prohibition as 
 to protit, however, shall not be construed to relieve or pre- 
 vent any such officer who is the owner of or otherwise 
 interested in any vessel of the United States, from trans- 
 porting in such vessel any such seaman or mariner, or from 
 receiving or being interested in such reasonable allowance 
 as may be made for such transportation by law. 
 Fees limited. American vessels running regularlv by weeklv or 
 '"' '~ ' monthly trips, or otherwise, to or between foreign ports, 
 shall not be required to pay fees to consuls for more than 
 four trips in a year. 
 Fees in British -pj^g fgg f^^. certifying invoices to be charged by the con- 
 R. s., 1721. sul-general for the British North American Provinces, 
 and his subordinate consular officers and agents, for goods 
 not exceeding one hundred dollars in value, shall be one 
 dollar. 
 Naval officer The Commanding officer of any fleet, squadron, or ves- 
 ^^^"l^jwr''"' ' sel acting singly, when upon the high seas or in any for- 
 eign port where there is no resident consul of the United 
 States, shall be authorized to exercise all the powers of a 
 consul in relation to mariners of the United States. 
 
BUREAU OF NAVIGATION 
 
 361 
 
 CUSTOMS DISTRICTS, PORTS, AND STJBPORTS 
 
 [No customs otticers arc slationod at places marked tlius (*).nnd ctmsiilar invoices and Iraiisportalinii 
 entries sliould not be forwardi'd to sncl) places. The collectors of customs are stationed only at 
 the ports of entry. At each one of the sulp|M>rts of entry, except tliose starred, a deputy collector is 
 stationed, with authority to pcrlorm tlu' tjencral dutiis of a collectDr relatin,!;: to navi^'iition; at the 
 .Jersey City suhporl of entry an assistant collector is statioue<l with the same power. .\t the i>orts 
 i>f delivery not starred customs otlieers other than collectors of customs are st:itionc(l, but such 
 customs ohicers df> not have authority to I'litcr and clear vessels, e.xcei>t at the I'ollowini: places: 
 Camden, N. J., where '-'Ml K. S. authorizes the a.s.sistaut collector to enter and char vi'ssels like 
 collector at Philadelphia, and at Cold Springs, Greenport, and I'ort JetTer.son, New York, where the 
 surveyors are authorized by 4345 R. S. to enter and clear vessels employed in whale fi.sheries.] 
 
 Districts. 
 
 I'orts of entrv. 
 
 MAINE. 
 
 Aroostook I Houlton. 
 
 l'assama(iuoddy Kastport. 
 
 Calais, subjiort of entry 
 
 Maehias Macliias. 
 
 Frenehmans Bay Kllsworth 
 
 Mount Desert Ferry, subport of entry. 
 
 Castiue Castine 
 
 I'orts 
 
 ■ delivery. 
 
 bangor ' Bangor 
 
 Vanceboro, subport of entry .. 
 Lowelltovvn, subport of entry. 
 
 Belfast Belfast 
 
 Waldoboro 
 
 Wisca.sset. 
 
 Waldoboro .". , 
 
 Rockland, subport of entry. 
 
 Bath ; Bath 
 
 Portland and Falmouth 
 
 -aco 
 
 Kennebinik 
 
 York 
 
 NI.W H.\MPSKinE, 
 
 Portsmouth 
 
 Vermont 
 
 Saco 
 
 Keiinebunk. 
 York. 
 
 Portsmouth . 
 
 Burlington. 
 
 St. Albans, subport of entry. 
 Alburfj, subport ol entry 
 East Alburg, subport of" entry. 
 Swauton, subport of entry 
 Higheate, subport of entry. 
 Frankhu, subport of entry. 
 West Berkshire, subport ot entry. 
 Windmill Point, suDport of entry. 
 Richford, subport of entry. 
 
 * Pembroke, 
 
 * Kobbinston. 
 
 I'liioii River. 
 
 *Bluehill. 
 Deer Island. 
 Bucksport. 
 
 ♦Frankfort. 
 * Hampden. 
 
 * Prospect. 
 Rockport. 
 Vinalhaven. 
 North Haven. 
 Camden. 
 
 ♦Bristol. 
 Damari.scotta. 
 
 * Warren. 
 Thomaston. 
 
 * Cushing. 
 St. George. 
 
 Boothbay. 
 *Alna. 
 
 ♦Hallowell. 
 
 ♦Pittston. 
 
 ♦Georgetown. 
 
 ♦Bowdoinham. 
 
 ♦Gardiner. 
 
 * Richmond. 
 
 * North Yarmouth. 
 ♦Brunswick. 
 
 * Freeport. 
 ♦Harps well. 
 
 * Scarboro. 
 
 ♦Wells. 
 Kennebunk Port. 
 
 ♦ Newcastle. 
 ♦Dover. 
 
 ♦ Exeter 
 ♦Kitierv, Me. 
 
 ♦ Berwick. 
 
362 
 
 BUREAU OF NAVIGATION 
 
 Customs districts, ports, and suhports — Continued 
 
 Districts. 
 
 Ports of entry. 
 
 Ports of delivery. 
 
 VERMONT — continued. 
 
 Newport. 
 
 North Troy, suLiport of entry. 
 Derbylinei subport of entry! 
 Island Pond, subport of entry. 
 Canaan, subport of entry. 
 Beecher Falls, subpcirt of entry. 
 
 Newhnrvport 
 
 
 M.-^SSACHUSETTS. 
 
 Newliurvport 
 
 
 Gloucester 
 
 Gloucester .. 
 
 ♦Salisbury. 
 
 ♦ Haverhill. 
 
 ♦ Newbury. 
 
 ♦ Ipswich! 
 
 Salem and Beverly 
 
 
 * Rockport. 
 
 Marblehead 
 
 
 
 Boston and Charlestown 
 
 Boston 
 
 ♦ Med ford. 
 
 Plymouth 
 
 I'lvmouth 
 
 ♦ Cohasset. 
 
 ♦ Hingham. 
 
 ♦ Weymouth. 
 
 ♦ Cambridge. 
 
 ♦ Roxbury! 
 
 ♦ Dorchester. 
 Worcester. 
 
 ♦Scituate. 
 
 Barnstable 
 
 
 ♦ Kingston. 
 ♦Duxburv. 
 
 ♦ Marshfield. 
 
 ♦ Sandwich 
 
 Nantucket 
 
 Nantucket. 
 Edgartown. 
 
 Falmouth. 
 
 ♦Harwich. 
 
 ♦Wellfleet. 
 
 Provincetown. 
 
 Chatham. 
 
 ♦Dennis. 
 
 Edgartown 
 
 
 New Bedford 
 
 ♦ Westport. 
 
 ♦ Rochester. 
 
 ♦ Wareham. 
 
 Fall River 
 
 Fall River 
 
 KHODE ISLAND. 
 
 Newport 
 
 Newport 
 
 ♦Somerset. 
 ♦Freetown. 
 ♦Berkley. 
 ♦Taunton. 
 
 ♦ North Kingston 
 ♦Tiverton. 
 
 ♦ Barrington. 
 
 ♦ Pawtuxet. 
 
 Bristol and Warren 
 
 
 Providence 
 
 
 CONNECTICUT. 
 
 Stonington 
 
 
 ♦East Greenwich. 
 
 New London 
 
 
 
 Hartford 
 
 Hartford 
 
 ♦Groton. 
 ♦ Lyme. 
 
 ♦Savbrook. 
 
 
 
 ♦Enfield. 
 
 ♦ Clinton. 
 ♦Westbrook. 
 
 ♦ Old Saybrook. 
 
 ♦ Essex. 
 
 ♦ Chester. 
 
 ♦ Haddam. 
 
 ♦ East Haddam. 
 
 ♦ Mlddletown. 
 
 ♦ Chatham. 
 
BUREAU OF NAVIGATI(»N 
 
 Ciistouis (lisfrlrt.i, pinis, and sitlipuiix — Ccnitimu'il. 
 
 363 
 
 Districts. 
 
 I'ditsuf ciUrv. 
 
 Champlain 
 
 Oswegatcliie 
 
 Cape Vincent 
 
 Oswego 
 
 Genesee 
 
 Miagara 
 
 Buffalo Creek 
 
 Dunkirk 
 
 NEW JERSEY. 
 
 Newark 
 
 Pertli Amboy 
 
 Little Kgg Harlx ir 
 
 Great Egg H-irlior 
 
 Bridgeton 
 
 Burlington 
 
 PENKSYI.VANIA 
 
 I'hiladelphia 
 
 Erie 
 
 IMttsburg 
 
 DELAWAEE. 
 
 Delaware 
 
 New liavon. 
 
 Bridgeport 
 
 Stamford,. subport of entry. 
 
 Sag Harbor , 
 
 New York 
 
 Jersey City, subport of entry. 
 
 Plattsburg 
 
 Ogdensburg. 
 
 Cape Vincent. 
 
 Oswego. 
 
 Genesee River (Rochester). 
 
 Niagara Falls. 
 
 Buffalo. ' 
 
 Dvinkirk .i 
 
 Newark 
 
 Perth Amboy 
 Tuckerton. 
 Somers Point. 
 Bridgeton 
 
 Ports of ^'.eliverv. 
 
 * Portland. 
 ♦Cromwell. 
 ♦Rockvhill. 
 ♦Wethersficld. 
 *(ilast(iiibnrv. 
 *Kn< IIartl"(')rd. 
 Springtield, Mass. 
 
 * Vernon (Kockville). 
 
 * South Manchester. 
 
 * Guilford. 
 *Branfor(l. 
 *Milford. 
 
 * Derby. 
 
 * Nor walk. 
 ♦Stratford. 
 ♦Greenwich. 
 
 Greenport. 
 
 ♦ New Windsor. 
 
 ♦ Newburgh. 
 
 ♦ Poughkeepsie. 
 
 ♦ Esopus. 
 
 ♦ Kinderhook. 
 Albany. 
 
 ♦ Hudson. 
 ♦Troy. 
 
 ♦ Rhinebeck Landing. 
 Coldspring. 
 
 Port .Jefferson. 
 Patchogue. 
 
 ♦Whitehall. 
 Fort Covington. 
 
 Trenton. 
 
 * Barcelona. 
 ♦Silvercreek. 
 
 ♦ Cattaraugus Creek. 
 Syracuse. 
 
 ♦Elizabeth. 
 
 ♦ New Brunswick. 
 
 ♦ Middletown Point. 
 
 ♦ Salem. 
 
 ♦ Port Elizabeth. 
 
 Trenton. 
 
 Philadelphia Camden, N. J. 
 
 Chester. 
 
 Erie Titu.sville. 
 
 Pittsburg. 
 
 Wilmington , ♦ Newcastle. 
 
 Seaford, subport of entry ♦ Port Penn. 
 
 * Delaware City. 
 
364 
 
 BUEEAU OF NAVIGATION 
 
 C'usto7ns districts, ports, and subparts — Continued. 
 
 MAKYLAND. 
 
 Eastern 
 
 Baltimore 
 
 Annapolis . 
 
 DISTRICT OF COLUMBIA. 
 
 Georgetown 
 
 VIRGINIA. 
 
 Cherrystone 
 
 Alexandria 
 
 Tappahannoek . 
 
 Newport News 
 
 Norfolk and Portsmouth 
 
 Petersburg 
 
 Richmond 
 
 NORTH CAROLINA. 
 
 Albemarle 
 
 Pamlico 
 
 Beaufort 
 
 Wilmington 
 
 SOUTH CAROLINA. 
 
 Georgetown 
 
 Charleston 
 
 Beaufort 
 
 UEORGIA. 
 
 Savannah 
 
 Brunswick 
 
 St. Marys . 
 
 FLORIDA. 
 
 Fernandina 
 
 St. Johns 
 
 St. Augustine 
 
 Kev West . 
 
 Tanii)a 
 
 St. Mark.s. 
 
 Ports of entry. 
 
 Crisfield.. 
 Baltimore 
 
 Annapolis 
 
 Washington. 
 
 Cape Charles City (Eastville). 
 
 Alexandria . 
 
 Ports of delivery. 
 
 * Salisbury. 
 
 * Cambridge. 
 
 * Easton. 
 
 * Havre de Grace. 
 
 * Benedict. 
 
 * Lower Marljaoro. 
 
 * Townereek. 
 
 * Cedar Point. 
 
 * Nottingham. 
 
 * St. Marys. 
 
 * Snow Hill. 
 
 * Folly Landing. 
 
 Tappahannoek * Port Royal. 
 
 * Fredericksburg. 
 
 * Yeocomico. 
 
 ♦Suffolk. 
 *Smithfleld. 
 
 Newport News Yorktown. 
 
 Norfolk and Portsmouth 
 
 Petersburg to City Point. 
 
 Richmond. 
 
 Westpoint, .snbport of entry. 
 
 Elizabeth City. 
 
 Newbern 
 
 Beaufort. 
 Wilmington. 
 
 Georgetown. 
 
 Charleston. 
 
 Beaufort. 
 
 Savannah . . 
 Brunswick. 
 
 Durham. 
 
 * Augusta. 
 
 * Frederica. 
 Darien. 
 
 St. Marys Atlanta. 
 
 Fernandina. 
 
 Jacksonville. 
 
 St. Augustine. 
 
 * Jansen, subport of entry. 
 
 Key West. 
 
 Punta Gorda, snbport of entry. 
 Palm Beach, subport of entry. 
 Miami, subport of entry. 
 
 Tampa. 
 
 Cedar Keys 
 
 Port Inglis, subport of entry. 
 
 *St. Marks. 
 * Magnolia. 
 *Oeala. 
 
BUREAU OF NAVIGATION 
 
 Customs districts, jxnis, atid siibjitnin — Contimied. 
 
 305 
 
 Districts. 
 
 i'orts of entry. 
 
 Ports of delivery. 
 
 FLORIDA— i'otitinue<l. 
 
 
 
 Apflliu'hic'olii 
 
 .Vlialiicliicola. 
 
 
 
 Carrabelle.siibportof entry and delivery. 
 
 
 l*0IlSllCOlil 
 
 Pensacola. 
 
 
 ALABAMA. 
 
 
 Mobile 
 
 Mobile 
 
 ♦Montgomery. 
 
 MISSISSIPPI. 
 
 
 IV'iirl River 
 
 Shieldsboro (Bay St. Loui.s) 
 
 Ea.st Pascagoula (Scran- 
 ton) . 
 * Peariington. 
 
 
 
 
 
 Ship Island. 
 
 Nfttchez 
 
 Natchez 
 
 ♦Grand Gulf. 
 
 Vicksburgf 
 
 Vicksburg. 
 
 
 LOriSIANA. 
 
 
 
 New Orleans 
 
 New Orleans 
 
 Wheeling, W. Va. 
 Council Bluffs, Iowa. 
 
 
 
 
 
 Cincinnati, Ohio. 
 
 
 
 Louisville, Ky. 
 
 
 
 St. Louis, Mo. 
 
 
 
 Sioux City, Iowa. 
 
 
 - 
 
 Memphis, Tenii. 
 
 
 
 Evan.sville, Ind. 
 
 
 
 Burlington, Iowa. 
 
 
 
 Dubuque, Iowa. 
 
 
 
 * Leavenworth, Kans. 
 
 
 
 Omaha, Nebr. 
 
 
 
 Kansas City, Mo. 
 
 
 
 St. Joseph, Mo. 
 
 
 
 ♦Shreveport, La. 
 
 
 
 La Cnisse, Wis. 
 
 
 
 CliattiUKKiKa, Tenn. 
 
 
 
 ♦ Portsmouth, Ohio. 
 
 
 
 Paducah, Ky. 
 
 
 
 Lincoln, Nebr. 
 
 
 
 Knoxville, Tenn. 
 
 Teche 
 
 Brashear (Morgan City). 
 
 
 
 Calcasieu Pass, subport of entry. 
 
 
 TEXAS. 
 
 
 
 Galveston 
 
 Galveston 
 
 ♦Houston. 
 
 
 *Velasco, subport of entry. 
 
 
 
 Sabine Pass, subport of entry. 
 
 
 Saluria 
 
 Eagle Pass 
 
 San Antonio. 
 
 
 
 ♦ Matagorda. 
 
 
 
 ♦Copano. 
 
 
 
 Lavaca. 
 
 Corpus Christi 
 
 Corpus Christi 
 
 ♦ Aransas. 
 
 
 Laredo, .subport of entry. 
 
 
 
 * Rockport, subport of entry. 
 
 
 Brazos de Santiago 
 
 Brownsville. 
 
 
 Pa.so del Norte 
 
 El Paso. 
 
 
 CALIFORNIA. 
 
 
 San Diego 
 
 San Diego. 
 
 
 Los Angeles 
 
 Los Angeles. 
 
 ♦Santa Barbara, .subport of entry. 
 San Pedro, subport of entry. 
 
 
 San Francisco 
 
 San Francisco 
 
 ♦Vallejo. 
 
 
 Oakland, suhiiorl nf entry. 
 
 ♦San Luis Obispo. 
 
 Humliold t 
 
 Eureka 
 
 Crescent Citv. 
 
366 
 
 BUKEAU OF NAVIGATION 
 
 Customs districts, j'orts, and subparts — Continued. 
 
 Districts. 
 
 Ports of entry. 
 
 Ports of delivery. 
 
 OREGON AND WASHINGTON. 
 
 
 
 Southern district of Oregon . 
 
 Coos Bay (Empire City) 
 
 * Ellensburg. 
 
 
 
 * Port Oxford. 
 
 
 
 ♦ Gardiner. 
 
 Yaquina 
 
 Yaquina 
 
 ♦Newport. 
 
 Oregon 
 
 Astoria. 
 
 Willamette 
 
 Portland. 
 
 Port Townsend. 
 
 
 Puget Sound 
 
 
 
 Aberdeen, subport of entry. 
 
 
 
 Anacortes, subport of entry. 
 
 
 
 Blaine, subport of entry. 
 
 
 
 Everett, siiliiiort of entry. 
 
 
 
 Friday llurlior, subport of entry. 
 
 
 
 *Grays Harbor, suliport of entry. 
 
 
 
 Danville, .subjiort of entry. 
 
 
 
 Whatcom, subport of entry. 
 
 
 
 Northjiort, suliport of entry, 
 
 
 
 Port An,i,'i'les, subport of entry. 
 
 
 
 Roehe llarlior, stibport of entry. 
 
 
 
 Seattle, subport of entry. 
 
 
 
 Sumas, subport of entry. 
 
 
 
 Tacoma, subport of entry. 
 
 
 ALASKA. 
 
 
 
 Alaska 
 
 Sitka. 
 
 *Cook Inlet (Homer), subport of entry. 
 
 
 
 
 
 * Dyea, subport of entry. 
 
 
 
 Eagle City, subport of entry. 
 
 
 
 Juneau, subport of entry. 
 
 
 
 *Karluk, subport of entry. 
 
 
 
 Ketchikan, subport of entry. 
 
 
 
 Kodiak, subport of entry. 
 
 
 
 Nome, siibi)ort of entry. 
 
 
 
 * Mary Island, subport of entry. 
 
 
 
 * Orcii, subport of entry. 
 
 
 
 St. Michael, subport of entry. 
 
 
 
 Skagway, subport of entry. 
 
 
 
 Unaiaska, subport of entry. 
 
 
 
 I'liLca, sulijiort of entry. 
 
 
 
 Vnldez, suliport of entry. 
 
 
 
 WrauKell, subport of entry. 
 
 
 MONTANA AND IDAHO. 
 
 
 
 Montana and Idaho 
 
 Great Falls 
 
 Bouners Ferry. 
 
 MINNESOTA. 
 
 
 
 Minnesota 
 
 St. Paul. 
 
 Minneapolis, subport of entry. 
 
 
 
 
 Duluth 
 
 Duluth. 
 
 
 WISCONSIN. 
 
 
 Milwaukee 
 
 Milwaukee 
 
 Kenosha. 
 
 
 
 Racine. 
 
 
 
 Sheboygan. 
 
 
 
 Greenbay. 
 
 
 
 *Depere. 
 
 MICHIGAN. 
 
 
 
 Michigan 
 
 Grand Haven 
 
 Chel)oygan. 
 
 
 
 Manistee. 
 
 
 
 Ludington. 
 
 
 
 * Saginaw. 
 
 Huron 
 
 Port Huron. 
 
 Detroit. 
 
 Marquette 
 
 
 Detroit 
 
 
 Superior i 
 
 Sault Ste. Marie. 
 
 
 Superior, subport of entry. 
 
 Mackinaw. 
 
 
 Ashland, subport of entry. 
 
 
 
 Gladstone, subport of entry. 
 
 
 Port of delivery 
 
 
 Grand Rai)ids. 
 
BUREAU OF NAVIGATION 
 
 CukIo»i.'< <iinlrl<-ts, pnrl.i, timl .lulijuiiix — C"»iiitiiuii'il. 
 
 367 
 
 t'levelanil. 
 
 Conneaut, siibport o! entry. 
 
 Port of ilelivery .. 
 
 COI.OKAI) 
 
 Ports of di'livcry . 
 
 Arizona 
 
 NORTH ANr> SOUTH r>AKOTA. 
 
 North and South Dakota ... 
 
 TEKNESSEE. 
 
 Port of delivery 
 
 IOWA. 
 
 Port of delivery 
 
 HAWAIIAN ISLANDS. 
 
 Hawaii 
 
 Porto Rico. 
 
 Nogales. 
 
 Doughis, siibport of entry. 
 
 Pembina, N . Dak 
 
 Portal, X. Dak., .^ubport of entry. 
 
 Honolulu. 
 
 Hilo, subport of entry and delivery. 
 Koloa, Kauai, subport of entry and de- 
 livery. 
 Kahului, subport of entry and delivery. 
 Mahukona, subport of entry and delivery. 
 
 San Juan. 
 
 Aguadilla, subport of entry. 
 Arecibo, subport of entry. 
 Arroyo, subport of entry. 
 Fajardo, subport of entry. 
 Humacao, suV)port of entry. 
 Mayaguez, subport of entry. 
 Police, subport of entry. 
 * Gu-mica, subport of entry. 
 
 Fairport. 
 Columbus. 
 
 Denver. 
 ♦Pueblo. 
 
 * Durango. 
 
 * Leadville. 
 
 *Sioux Falls, S. Dak. 
 
 Nashville, Tenn. 
 
 Des Moines, Iowa 
 
 J''irti< (it which merchandise maij he entered for Iransportalioii to other ports without appraise- 
 ment under the act of June 10, 1880. 
 
 Astoria, Oreg. 
 Baltimore, .Md. 
 Bangor. .Me. 
 Bath, .Me. 
 Beeeher Falls. Vt. 
 Boston, Mass. 
 Burhngton, Vt. 
 Calais, Me. 
 Charleston. S. (' 
 Chicago. 111. 
 Cleveland. Ohio. 
 Detroit. Mull. 
 Duluih. Minn. 
 Eagle Pass. Tex. 
 Ea.«tport, Me, 
 
 El Paso, Tex. 
 Everett, Wash. 
 Fernandina. Fla. 
 (ialveston, Tex. 
 Gladstone, Mich. 
 Honolulu. H. I. 
 Island Pond. Vt. 
 Key West. Fhi. 
 I.afedr). Tex. 
 Los .\ngeles, Cal. 
 Mari|\iette, Mich. 
 Miami, Fla. 
 Milwaukee, Wis. 
 Mobile, Ala. 
 New (Jrleans, La, 
 
 Newport, Vt. 
 Newport News. Va. 
 New York, N. Y. 
 Niagara Falls, N. Y. 
 Nogales, Ariz. 
 Norfolk. Va. 
 Ogdensburg, N. Y. 
 Pensrtcola, Fla. 
 PhihKielphia, Pa. 
 Port Huron. Mich. 
 Portal, N. Dak. 
 Portland. Me. 
 Portland, Ortg. 
 Port Townsend, Wash. 
 Kichforil, Vt, 
 
 Rochester, N. Y. 
 St. Albans, Vt. 
 San Diego, Cal. 
 San Francisco, Cal. 
 SaultSte. Marie. Mich. 
 Savannah, Ga. 
 Seattle, Wash. 
 Sioux City, Iowa. 
 Tacoma, Wash. 
 Tampa, Fla. 
 Toledo, Ohio. 
 Vanceboro. .Me. 
 Wilmingtcin. N. ('. 
 
368 
 
 BUREAU OF NAVIGATION 
 
 Ports to which merchandise via;/ hi' transported ■witliotU appraiseinent under the act of 
 
 June 10, ISSO. 
 
 Albany, N. Y. 
 Astoria, Oreg. 
 Atlanta, Ga. 
 Baltimore, Md. 
 Bangor, Me. 
 Bath, Me. 
 Boston, Mass. 
 Bridgeport, Conn. 
 Buffalo, N. Y. 
 Burlington, Vt. 
 Calais, Me. 
 Charleston, S. C. 
 Chicago, 111., 
 Cincinnati, Ohio. 
 Cleveland, Ohio. 
 Columbus, Ohio. 
 Council Bluffs, Iowa. 
 Denver, Colo. 
 Des Moines, Iowa. 
 Detroit, Mich. 
 Dubuque, Iowa. 
 Duluth, Minn. 
 Dunkirk, N. Y. 
 *Durango, Colo. 
 Durham, N. C. 
 Eagle Pass, Te.x. 
 Eastport, Me. 
 El Paso, Tex. 
 
 *Entield, Conn. 
 Erie, Pa. 
 Evansville, Ind. 
 Everett, Wash. 
 Fall River, Mass. 
 Galveston, Te.x. 
 Gladstone, Mich. 
 Grand Haven, Mich. 
 Grand Itapids, Midi. 
 Greenbay, Wis. 
 Hartford, Conn. ■ 
 Honolulu, H. I. 
 Indianapolis, Ind. 
 .Tacksouville, Fla. 
 Kansas Citv, Mo. 
 Key West, Fla. 
 Kno.xville, Tenn. 
 Laredo, Tex. 
 *Leadville, Colo. 
 Lincoln, Nebr. 
 Los Angeles, Cal. 
 Louisville, Ky. 
 Marquette, Mich. 
 Mempiiis, Tenn. 
 *Middk'town, Conn. 
 Milwaukee, Wis. 
 Minneapolis, Minn. 
 Mobile, Ala. 
 
 Nashville, Tenn. 
 Newark, N. .1. 
 New Bedford, Mass. 
 New Haven, Conn. 
 New Orleans, La. 
 Newport, R. I. 
 Newport News, Va. 
 New York, N. Y. 
 Niagara Falls, N. Y. 
 Nogales, Ariz. 
 Norfolk, Va. 
 Oakhmd, Cal. 
 *Ocahi, Fla. 
 Ogdensburg, N. Y. 
 Omaha, Nebr. 
 Petersburg, Va. 
 Philadelphia, Pa. 
 Pittslmrg, Pa. 
 Port Huron, Mich. 
 Portland, Me. 
 Portland, Greg. 
 Portsmouth, N. H. 
 Port Townsend, Wash. 
 Providence, R. I. 
 Pueblo, Colo. 
 Richmond, Va. 
 Rochester, N. Y. 
 St. Augustine, Fla. 
 
 St. Joseph, Mo. 
 St. Louis, Mo. 
 St. Paul, Minn. 
 Saginaw, Mich. 
 San .\ntonio, Tex. 
 San Diego, Cal. 
 Sandusky, Ohio. 
 San Francisco, Cal. 
 Sault Ste. Marie, Mich. 
 Savannah, Ga. 
 Seattle, Wash. 
 Sioux City, Iowa. 
 *South Manchester, 
 
 Conn. 
 Springfield, Mass, 
 Syracuse, N. Y. 
 Tacoma, Wash. 
 Tampa, Fla. 
 Titusville, Pa. 
 Toledo, Ohio. 
 Vanceboro, Me. 
 *Vernon ( RoekviUe). 
 
 Conn. 
 Washington, D, C. 
 Wilmington, Del. 
 Wilmington, N. C. 
 Worcester, Mass. 
 
 lAst of jMrts at which bonded wareJiOuses are estidiUsJied. 
 
 Apalachicola, Fla. 
 Atlanta, Ga. 
 Baltimore, Md. 
 Bangor, Me. 
 Bath, Me. 
 
 Bonners Ferry, Mont. 
 Boothbay. Me. 
 Boston. Ma.ss. 
 Bridgeport, Conn. 
 Buffalo, N. Y. 
 Cape Vincent, N. Y. 
 Castine, Me. 
 Chattanooga, Tenn. 
 Chicago, 111. 
 Cincinnati, Ohio. 
 Corpus Christ!, Tex. 
 Denver, Colo. 
 Detroit, Mich. 
 Duluth, Minn. 
 Durham, N. C. 
 
 Eagle Pass, Tex. 
 Eastport, Me. 
 El Paso, Tex. 
 Erie, Pa. 
 Evansville, Ind. 
 Fall River, Mass. 
 Galveston, Tex. 
 Gloucester. Mass. 
 Grand Rapids, Mich. 
 Great Falls, Mont. 
 Green Bay, Wis. 
 Hartford, Conn. 
 Honolulu, Hawaii. 
 Indiaiuipolis, Ind. 
 Kansas Citv, Mo. 
 Key West, Fla. 
 Lincoln, Nebr. 
 Los .\ngeles, Cal. 
 Louisville, Ky. 
 Minneapolis, Minn. 
 
 New Haven, Conn. 
 New London, Conn. 
 New ( irleans, La. 
 Netvport News, Va. 
 Newark, N. J. 
 New York, N. Y. 
 Niagara Falls, N. Y. 
 Ogdensburg. N. Y. 
 Omaha, Nebr. 
 Oswego, N. Y. 
 Pensaeola, Fla. 
 Pertli Am boy, N. .J. 
 Petersburg, Va. 
 Philadelphia, Pa. 
 Pittsburg, Pa. 
 Plattsburg, N. Y. 
 Port Huron, Mich. 
 Portland, Me. 
 Portland, Oreg. 
 Portsmouth, N. H. 
 
 Port Townsend, Wash. 
 Provincetown, Mass. 
 Richmond, Va. 
 Rochester, N. Y. 
 St. Joseph, Mo. 
 St. Louis, Mo. 
 St. Michael, Alaska. 
 St. Paul, Minn. 
 Salem, Ma.ss. 
 San Diego, Cal. 
 San Francisco, Cal. 
 San Juan, P. R. 
 Savannah, Ga. 
 Siou.x City, Iowa. 
 Skagway, Alaska. 
 Syracuse, N. Y. 
 Tampa, Fla. 
 Toledo, Ohio. 
 
 List of ports ivhere the custom-house premises are used fur the st<n-a(je of imported ijonds in 
 
 bond. 
 
 Albany, N. Y. 
 Aguadilla, P. R. 
 Arecibo, P. R. 
 Arroyo, P. R. 
 Bangor, Me. 
 Charleston, S. C. 
 Cleveland, Ohio. 
 
 Columbus, Ohio. 
 Fajardo, P. R. 
 Humaeao, P, R. 
 .laeksonville, Fla. 
 Marquette, Mich. 
 Mayaguez, P. R. 
 INIemphis, Tenn. 
 
 Milwaukee, Wis. 
 Nashville. Tenn. 
 Norfolk, Va. 
 Peoria, 111. 
 Ponce, P. R. 
 Providence. R. I. 
 Sanduskv, Ohio, 
 
 San Juan, P. R. 
 Springfield, Mass, 
 W a .s h i n g ton, 1 > 
 
 (Georgetown K 
 Wilmington, Del, 
 
 Power to des ''pjjg Secretapv of the Trea.surv may desisfnate, from time 
 
 ignate ports and •'.,,. • i ■• , • . rV » i -\ ^ i • i 
 
 subports. to time, places within said district LLos Ano'eles at wnicti 
 
 Mar. 31, 1SS2 ^ - - - - ^ . , ;-> . ■ 
 
 {27 Slat., U.) 
 
 Mai: in, ISO'j 
 {29 SlaL, no.) 
 
 Feb II,. 1903. 
 {32 Slat, H25.) 
 Sec. 10. ' 
 
 May 22, ISOn. 
 (29 Slat., 13!,. ) 
 Sec. 2. 
 
 custom.s officei'.s may be stationed, with authority to enter 
 and clear vessels, receive duties, fees, and other moneys, 
 and perform such other services as in his judoment the 
 interests of commerce may require. 
 
 Such other places [in Alaska] as may be desii>-iiated by the 
 Secretary of the Treasury, as the interests of commerce 
 may require, shall be su))ports of entry or delivery or both; 
 and customs ofhcers shall be stationed at such subi)orts, 
 with authority^ to enter and clear vessels, etc. 
 
 Siich other places in the State of Colorado as th(> Sec- 
 retary of the Treasury may desio'iiatc from time to lime 
 shall be ports of deli\ery, with all the privilej>-es now 
 
BUREAU OF NAVIGATION 309 
 
 ;i('coi(1(m1 l)y liiAV to the port of Denver, Colorado, tlie sur- 
 
 M'VoroF customsof which poi( shall supoi-vise theeustonis 
 
 Itusiiiess transacted at such places in th(^ same manner and 
 
 to the same extent as at Deiuer. 
 
 Such i)lac(>s in the collection districts in the State of /""£/?• ^f»^-, 
 ,,, . I ' ,1 ., , ,. ,1 rp ,. ,. , (yj Slat., SSI,.) 
 
 l<lc)ruia as tli(> Secrc^tary ot the 1 reasurvmay irom tune to 
 
 time desii;"nate shall ho sul)ports of entry and deliver}', 
 
 and customs otHcers shall he stationed at such suhports, 
 
 with authority to enter and clear vessels, receive duties, f^JJai^s^^'^ 
 
 fees, and other mone3's, and perform such other services Src. w^" 
 
 and receive such compensation as, in the judo-uient of the 
 
 Secretary of the Treasury, the exio-(>ncies of conunerce may 
 
 re(|uire. 
 
 Such other ports as the Secretarv of the Treasury shall fJ^%lf ^'^^^\ 
 from time to time desig-nate shall he suhports of entry vr, ;?. "' 
 [Fu«;'et Sound] and customs oliicei's shall he stationed at {32'stat.,''82<j.) 
 such suhports, with authority to enter and clear vessels, '*c. jo. 
 receive duties, fees, and other moneys, and perform such 
 other services and receive such compensation as, in the 
 judgment of the Secretary of the Treasury, the exigencies 
 of conunerce ma}" require. 
 
 Such places in the customs district of the Territory of Mar. $, looi. 
 Hawaii as the Secretary of the Treasury may from time ('^^ ■''■'«'■. w.??'.) 
 to time desionate shall be suhports of entry and delivery, 
 and customs otticers shall he stationed at such suhports 
 with authority to enter and clear vessels, receive duties, ^'|\,YaiT4) 
 fees, and other moneys, and perform such other services sec.'io." 
 and receive such compensation as in the judg-ment of the 
 Secretary of the Treasury the exigencies of commerce 
 may re([uire: Provided., lunrever^ That the Secretary of the 
 Treasury he. and he is hereby, authorized and empowered 
 to discontinue such su])ports of entry or delivery whenever 
 in his judgnient there is necessity for such action. 
 
 The S(H'retary of the Treasury shall tlesiguate the several -'^'J'";./^;^- '•'^?<^,- 
 ports and suhports of entry in Porto Rico and shall make .Sfc.'^" 
 such rules and i-eg-ulations and appoint such agents as may 
 be necessar}^ to collect the duties and taxes authorized to 
 be levied, collected, and paid in Porto Rico by the pro- fi'sMtH'sii) 
 visions of this Act, and he shall fix the compensation and ^ec. lo. ' 
 provide for the payment thereof of all such officers, agents 
 and assistants as he may tind it necessary to employ to 
 carry out the provisions hereof. * * ^' 
 
 CUSTOMS OFFICEKS 
 
 At each of the ports to which there are appointed a col- ^- ^- ^^~^- 
 lector, naval officer, and surveyor, it shall be the duty of 
 the collector: 
 
 First. To receive all reports, manifests, and documents 
 to he made or exhibited on the entry of any ship or 
 vessel, according to the regulations of this Title [R. S. 
 
 Second. To record, in books to be kept for that pur- 
 pose, all manifests. 
 
 Third. To receive the entries of all ships or vessels, and 
 of the goods, wares, and merchandise imported in them. 
 
 27628—04 24 
 
370 BUEEAU OF NAVIGATION 
 
 Fourth. To estimate, tog-ether with the naval officer where 
 there is one, or alone av here there is none, the amount of the 
 dues pa^^able thereupon, indorsing such amount upon the 
 respective entries. 
 
 Fif t-h. To receive all moneys paid for duties, and take all 
 bonds for securing the payment thereof. 
 
 Sixth. To grant all permits for the unlading and delivery 
 of goods. 
 
 Seventh. To employ, with the approval of the Secretary 
 of the Ti'easury , proper persons as weighers, gangers, meas- 
 urers, and inspectors at the several ports within his district. 
 
 Eighth. To provide, with the like approval, at the pul)lic 
 expense, store-houses for the safe-keeping' of goods, and 
 such scales, weights, and measures as may be necessar}-. 
 E. s., 2622. At ports to whicli a collector and surveyor only are ap- 
 
 pointed, the collector shall solely execute all the duties in 
 which the co-operation of the naval officer is requisite at the 
 ports where a naval officer is appointed. And he shall act 
 in like manner in case of the disability or death of the naval 
 officer, until a successor is appointed, unless there is a deputy 
 dul}' authorized under the hand and seal of the naval officer, 
 who in that case shall continue to act until an appointment 
 is made. 
 B. s., 262S. At ports to which a collector onl}^ is appointed, the col- 
 
 lector shall solely execute all the duties in which the co-oper- 
 ation of the naval officer is requisite, at ports where a naval 
 officer is appointed, and he shall also, as far as ma}" be, per- 
 form all the duties prescribed for surveyors at ports where 
 surveyors are authorized. 
 B.s.,2621,. At ports of delivery to which no survej^or is appointed, 
 
 and at such ports only, the collectcn- may, from time to 
 time, when it is necessary, employ a Y)roper person to per- 
 form the duties of a surve3'or; who shall be entitled to the 
 like compensation with an inspector during the tfme he is 
 employed. 
 U.S., 2625. Iy^ q.^^q Qf ti;i(3 disabilit}" or death of a collector, the du- 
 
 ties and authorities vested in him shall devolve on his dep- 
 uty, if any there be at the time of such disability or death, 
 for whose conduct the estate of such disabled or deceased 
 collector shall be liable; and, if there be no deputy, they 
 shall devolve upon the naval officer of the same district, if 
 any there be; and if there be no naval officer, they shall 
 devolve upon the surveyor of the port appointed for the 
 residence of such disabled or deceased collector, if any 
 there be; and if there be no such surveyor, they shall de- 
 volve upon the surve3"or of the port nearest thereto and 
 within the district. 
 it.K,2626. At ports to which there are appointed a collector, naval 
 
 officer, and surveyor, it shall be the duty of the naval 
 officer — 
 
 First, To receive copies of all manifests and entries. 
 Second. To estiiuate, together with the collector, the 
 duties on all merchandise^ snbject to duty, and no duties 
 shall be receixed without such estimates. 
 
 Third. To keep a separate record of such estimates. 
 
BUREAU OF NAVIUATIUN" 371 
 
 Fourth. To couiiteisioii jiU permits, cloarjinces, certirt- 
 c-iitcs, dol)Oiituros. and other docuiiKMits, to 1)0 ufi-anted by 
 the coUet'tor. 
 
 Fifth. To examine the rolkx'tor"sal)straets of (hities, and 
 other aeeounts of receipts, bonds, and (>xp(>nditures, and 
 certify the same if found rioht. 
 
 At ports to which ther(> arc appointed a coUector, naval K-H-.^g^t. 
 officer, and surveyor, it shall be the duty of the surveyor, 
 who shall be in all cases sul)iect to the direction of the 
 ct)l lector — 
 
 First. To superintend and direct all inspectors, weio-hcrs, 
 measurers, and gauffers within his port. 
 
 Second. To report once i u every week to the collector the 
 name or names of all inspectors, weighers, gangers, or 
 measur(>rs who are absent from or neglect to do their dut}'. 
 
 Third. To visit or inspect the vessels which arrive in his 
 port, and make a return in writing every morning to the 
 collector of all vessels which have arrived from foreign ports 
 during the preceding day; specifying the names and denom- 
 inations of the vessels, the masters' names, from whence 
 •arrived, whether laden or in ballast, to what nation belong- 
 ing, and, if American vessels, whether the masters thereof 
 have or have not complied with the l;iw, in having the 
 re(iuire(l luunber of manifests of the cargo on board, agree- 
 ing in su))stance with the provisions of law. 
 
 Fourth. To put on board each of such vessels one or more 
 inspectors inuuediatelv after their arrival in his port. 
 
 Fifth. Toascertaiii the proof, quantities, and kinds of dis- 
 tilled spirits imported, rating such spirits according to their 
 respective degrees of proof, as detined by the laws impos- 
 ing duties on spirits. 
 
 Sixth. To examine whether the goods imported in any 
 vessel, and the deliveries thereof, agreeably to the inspect- 
 or's returns, correspond with the j)ermits for landing the 
 same; and if any error or disagreement appears, toieport 
 the same to the collector, and to'the naval officer, if any. 
 
 Seventh. To superintend the lading for exportation of 
 all goods entered for the benefit of an}' drawback, bount}', 
 or allowance, and examine and report whether the kind, 
 quantity, and (juality of the goods, so laden on board any 
 vessel for exportation, correspond with the entries and 
 permits granted therefor. 
 
 Eighth. To examine, and, from time to time, and par- 
 ticularly on the first jNIondays of elaiHunT and fTuly in each 
 year, try the weights, measures, and other instruments 
 used in ascertaining the duties on imports, with standards 
 to be provided by each collector at the public expense for 
 that purpose; and where disagreements or errors are dis- 
 covered, to report the same to the collector; and to obey 
 and execute such directions as h(^- may receive for correct- 
 ing the same, agreeal)ly to the standards. 
 
 At ports to which sui'veyorsoidy are appointed, th(^ sur- J^-^-' ~'>~'^- 
 veyoi- shall ])(Mform all the duties enjoined upon surveyors 
 by the i)receding section; and shall also receive and record 
 the copies of all manifests transmitted to him b}' the col- 
 
372 BUREAU OF NAVIGATION 
 
 lector; shall record all permits granted b}^ the collector, 
 distinguishing the gauge, weight, measure, and quality of 
 goods specihed therein; and shall take care that no goods 
 be unladen or delivered from any ship or vessel without a 
 proper permit for that purpose. 
 
 K. s., 2629. ly^ (..^^Q of ^i^Q disalnlit}^ or death of a surveyor, the col- 
 
 lector of the district may authorize some tit person to per- 
 form his duties and exercise his powers; and the powers 
 of the person so authorized shall continue until a successor 
 is duly appointed, and ready to enter upon the execution 
 of his otiice. 
 
 A'. ,s'., 2030. Every collector of the customs shall have authority, with 
 
 the approval of the Secretary of the Treasury, to employ 
 within his district such number of proper pei'sons as dep- 
 uty collectors of the customs as he shall deem necessary; 
 and such deputies are declared to be officers of the cus- 
 toms. And in cases of occasional and necessary absence, 
 or of sickness, any collector may exercise his powers and 
 perform his duties by deputy,, duly constituted under his 
 hand and seal, and he shall be answerable for the acts of 
 such deputy in the execution of such trust. 
 
 ji.f<.,26Ji. In case of the sickness or unavoidable absence of any 
 
 collector or surveyor of customs from his otfice, he may, 
 with the approval of the Secretary of the Treasury, au- 
 thorize some officer or clerk under him to act in his place, 
 and to discharge all the duties rc(iuiredl)y law of such col- 
 lector or surve3or in his capacity as dis})ursing agent; and 
 the official bond given b}^ the principal of the office shall 
 be held to cover and apply to the acts of the person ap- 
 pointed to act in his place in such cases. 
 
 R. .s'., 2633. Every naval officer and surveyor, in cases of occasional 
 
 and necessary absence, or of sickness, and not otherwise, 
 may respectively exercise and perform their functions, 
 powers, and duties l)y deputy, duly constituted under their 
 hands and seals respectivel}', for whom, in the execution 
 of their trust, they shall respectively be answeral)le. 
 
 R. .s., 2633. -pi^g Secretar}" of the Treasury is authorized, whenever 
 
 in his opinion the public interest demands it, to clothe an}^ 
 deput}' collector at a port other than the principal port of 
 entry, with all the powers of his principal appertaining to 
 official acts; and he may reqinre such deputy to give bond 
 to the United States, in such amount as the Secretary may 
 pi'escribe, for the faithful discharge of his official duties. 
 
 R.s.,263!,. -jij^g Secretary of the Treasury may, from time to time, 
 
 except in cases otherwise provided, limit and hx the num- 
 ber and compensation of the clerks to be employed by any 
 collector, naval officer, or surveyor, and ma}' limit and fix 
 the compensation of any deputy of an}^ such collector, 
 naval officer, or surve3'or. 
 
 Every collector, naval officer, and surveyor shall cause 
 to be affixed, and constantly kept in some public and con- 
 spicuous place of his office, a fair table of the rates of fees 
 and duties demandable by law. and shall give a receipt for 
 the fees received by him, specifying the particulars when- 
 ever required so to do; and for every failure so to do, he 
 
 R. S., 2635. 
 
BUREAU OF NAVIGATION 373 
 
 shall 1)0 liahlo to ji ponaltv of one hundred dollars, reoov- 
 orahlo to the use of iho iiiforinor. , 
 
 EviM'v ollicer of the customs who demands or receives /•' ^^m ^'';.*". 
 any other or i^reater fee, compensation, or reward than is 
 allowed by law, for pt>rforminL:- any dut}' or service re- 
 (piired from him by law, shall be liable to a penalty of two 
 hundred dollars for each otfense, recoverable to the use-of 
 the party aggrieved. 
 
 If any inspector, gauger, weigher, or measurer shall J^- '"'■''^'^sr. 
 receive anv gratuitv, f(H% or reward for anv services per- 
 fornuul by" virtue of thisl'itle [ R. S., i>5 17-8 120], other than 
 is bv law allowed, or if any ganger, weigher, or measurer, 
 employt'd as such by the pul)lic. in the districts of Ports- 
 mouth, Salem and Beverly, Boston and C'liarlestown, Provi- 
 dence, New York, Philadelphia, Baltimore, Norfolk and 
 Portsmouth, or Charleston, shall gauge, weigh, or measure 
 any article or articles, other than shall be directed by the 
 proper otticer, in order to ascertain the duties to be received, 
 or the drawbacks to 1)C allowed thereon, or shall make a 
 return of the weight, gauge, or measure of any merchandise 
 laden, or to l)e laden, on board any vessel for the benefit 
 of drawback upon exportation, without having actuall}' 
 weigh(>d, gauged, or measured the same, as the case may 
 require, after such merchandise.shall have been notified to 
 the collector and entered for exportation, he shall be liable 
 for the first ofiense to a penalty of fifty dollars, and for 
 each subsequent ofiense to a penalty of two hundred dollars, 
 and be discharged from the pul»lic service. And if any 
 inspector or other officer of the customs shall certify the 
 shipment of any merchandise entitled to drawback on 
 exportation without having duly inspected and examined 
 the same, after he shall have received the permit for lading 
 such merchandise, or if the amount of such drawback shall 
 be estimated according to weighj;, gauge, or measure, until 
 such merchandise shall be first weighed, gauged, or meas- 
 ured, as the case may require, he shall be subject to the 
 like penalties, and be discharged from the public service. 
 
 No person employed under th(> authoi-ity of the United Ji.s.,26ss. 
 States, in the collection of duties on imports or tonnage, 
 shall own, either in whole or in part any vessel, or act as 
 agent, attorne\', or consignee for the owner or owners of 
 any vessel, or of any cargo or lading on board the same; 
 nor shall any such person import, or be concerned directly 
 or indirectly in the importation of an}^ merchandise for 
 sale into the United States. Every person who violates 
 this section shall be liable to a penalty of five hundred 
 dollars. 
 
 Every collector,. naval officer, and surveyor shall keep ii.s.,s6S9. 
 accurate accounts of all fees and ofiicial emoluments re- 
 ceived l)v him. and of all expenditures, specifying expend- 
 itures for rent, fuel, stationery, and clerk-hire, and shall 
 annually, within ten days after the thirtieth day of June, Juiysi. is9/.. 
 transmit the same, verified by oath, to the proper Auditor, 
 who shall annually lay an abstract of the same before 
 Congress. Every collector, naval officer, or surve3^or Avho 
 
374 BUREAU OF NAVIGATION 
 
 omits or noglocts to keep such account, or to transmit the 
 same so voriticHl, sliall Ix* liable to a penalt}" of not more 
 than five hundred dollars. 
 ii.^.,26w. Collectors, naval officers, and surve3'ors shall attend in 
 
 person at the ports to which they are respectively ap- 
 pointed; and shall keep fair and true accounts and records 
 of all their transactions, as officers of the customs, in such 
 manner and form as may from time to time be directed bj- 
 Feb. u, 190S. the Secretary of the Treasury; and shall at all times sub- 
 sec. 10. j-jjj|. ^jjQJp books, papers, and accounts to the inspection of 
 
 such persons as may be appointed for that purpose; and 
 shall once in every month, or oftener if they shall be re- 
 quired, transmit their accounts for settlement to tiie officer 
 or officers whose duty it shall l)e to make such settlement. 
 And if any collector, naval officer, or surveyor shall omit 
 to keep fair and true accounts, or shall refuse to submit 
 forthwith his ])Ooks, papers, and accounts to inspection as 
 required by law, or if any collector shall omit or refuse to 
 render his accounts for settlement, for a term exceeding^ 
 three months after the same shall have been required by 
 the proper officer, the delinquent officer shall be liable to a 
 penalty of one thousand dollars, to be recovered with costs 
 of suit. 
 Feb'irmj Every collector, naval officer, and surveyor shall account 
 (sisiai, 829.) to the Treasury for all his' emoluments, and also for all the 
 isec. 10. expenses incident to his office. Such accounts, as well of 
 
 expenses of emoluments, shall be rendered on oath, at 
 such times and in such forms, and shall be supported by 
 such proofs, as shall be prescribed by the Secretar}^ of the 
 Treasury. 
 R. s., 261,2. The services performed by occasional inspectors shall be 
 
 particularly detailed in the accounts to be transmitted to 
 the Trea.sury, and certified by the naval officer or surveyor 
 of the district, if there be an}^, as to the necessity for and 
 performance of such services. 
 R. s., 260. Every collector, naval officer, and surveyor shall, tot^ether 
 
 with his accounts of the expenses incident to his office, 
 render a list of the clerks emploj^ed by him, stating- the 
 rate of compensation allowed to each, and the duties which 
 they severally perform; and also an account of the sums 
 paid for stationery, official or continoent expenses, fuel, and 
 office-rent, stating the purposes for which the premises 
 rented are applied. 
 E.S..26M. The collector of customs of each of the districts on the 
 
 northern, northeastern, and northwestern frontiers shall 
 render, with his accounts of the expenses incident to his 
 office, a list of the clerks and other officers of the customs 
 employed by him, stating the rate of compensation allowed 
 to each, the duties they severally perform, and also an 
 account of the sums paid for stationery, fuel, and all other 
 office expenses, including office rent; for all of which ex- 
 penses he shall sulimit an estimate each month in advance, 
 and shall state the purposes for which any premises are 
 used; and shall also render an accurate account of all fees 
 and conunissions collected by him. 
 
BITREATT OV NAVIGATION 875 
 
 All iU'couiits for salarv. (•oinpciiMition. and ciuolimuMits '-'■ ■'^■< -'>'<■'''■ 
 >li:ill l»t' rriui(>r(Hl (|iiart('rly. at (lie ciul ol' carli (juartiM" oi" 
 the fiscal year. 
 
 All l)la'nk-l)()()ks, blanks, aiul statioiiorv of every kind -''"• •^■- ^«^«- 
 reciuireil l).v eolh^ctors and other oHic-ers of the customs 
 shall, so soon as they can he prepared for delixery, hy or 
 under the direetion of the Secretary of the Treasury [or 
 the Secretary of ConiUKn-ce and Lal)or|, he furnished to Ff^-u,ms. 
 them for the use of their respective olHces, upon requisi- '^^''•^"■ 
 tion made ])y them, and the expense of such hooks, bhmks, 
 and stationery shall be paid out of the appropriation for 
 defraying' the expenses of collecting the revenue from 
 custt)ms. 
 
 Every collector of customs, every naval oflicer, and every i'- >•'•. 2«~- 
 surveyor performino- oi' havinn' performed the duties of a 
 collector, shall render a ([uarter-y early account, under 
 oath, to the Secretary of the Treasur}^ in such form as {''^''- ^^> ^•'''5- 
 the Secretary shall prescribe, of all sums of money by 
 each of them respectivelj^ received or collected for fines, 
 penalties, or forfeitures, or for seizure of merchandise, or 
 n\)(m compromises made upon any seizure; or on account 
 of suits instituted for frauds against the revenue laws; or 
 for rt'ut and storage of merchandise, which may be stored 
 in the public store-houses, and for which a rent is paid 
 beyond the rents paid by the collector or other such 
 otticer; or for custod}^ of goods in bonded warehouses; 
 and if from such accounting it shall appear that the money 
 received in any one year by any collector, naval ofhcer, or 
 surveyor, on account and for rents and storage, and for 
 fees and emoluments, shall in the aggregate exceed the 
 sum of two thousand dollars, such excess shall l^e paid by 
 the collector, na\ al officer, or surveyor, as the case ma^' 
 he, into the Treasury as pul)lic money. 
 
 Collectors and surveyors, of the collection-districts on '"' 
 the northern, northeastern, and ijorthwestern frontiers are 
 authorized to keep on sale, at their several offices, blank 
 manifests and clearances required for the business of their 
 districts, and to charge the sum of ten cents, and no more, 
 for each l)lank which shall be prepared and executed by 
 them. 
 
 MAILS 
 
 The master of anv' steand)oat passing between ports or 
 places in the United States, and arriving at any such port 
 or place where there is a post-office, shall deliver to the 
 postmaster, within three hours after his arrival, if in the 
 day-time, and if at night, within two hours after the next 
 sunrise, all letters and packets brought by him, or within 
 his power or control and not relating to the cargo, addressed 
 to or destined for such port or place, for which he shall 
 receive from the postmaster two cents for each letter or 
 packet so delivered, unless the same is carried under a 
 contract for carrying the mails; and for evtMy failure to so 
 deliver such letters and packets, the master or owner of 
 
 Ji.!<.,n977. 
 
376 BUREAU OF NAVIGATION 
 
 the steamboat shall l)e liable to a penalt}' of one hundred 
 and fifty dollars. 
 
 i?..s'.,,w.sr. No vessel departing from the United States for any for- 
 
 eign port shall receive on board or convey any letter or 
 packet originating in the United States which has not been 
 regularly recei\'ed from the post-office at the port of depar- 
 ture, and which does not relate to the cargo of such vessel, 
 except as provided in section three thousand nine hundred 
 and ninety-three; and every collector, or other officer of the 
 port empowered to grant clearances, shall reiiuire from the 
 master of such vessel, as a condition of clearance, an oath 
 that he has not i-eceived on board, has not under his care 
 or control, and will not receive or couAcy any letter or 
 packet contrary to the provisions of this section. 
 
 R. s., S9SS. ]sJq vessel arriving within any port or collection-district of 
 
 the United States shall be allowed to make entry or break 
 bulk until all letters on board are delivered at the nearest 
 post-office, and the master thereof has signed and sworn 
 to the following declaration, before the collector or other 
 proper customs officer: 
 
 '■'"1, A. B., master of the , arriving from , and 
 
 now lying in the port of , do solenml}' swear (or affirm) 
 
 that 1 have, to the best of my knowledge and belief, deliv- 
 ered, at the post-office at- , ever}^ letter, and every bag, 
 
 packet, or parcel of letters, which were on board the said 
 vessel during her last voyage, or which were in my posses- 
 sion or under my power or control." 
 
 And any master who shall break bulk before he has de- 
 livered such letters shall be liable to a penalty of not more 
 than one hundred dollars, recoverable, one-half to the officer 
 making the seizure, and the other to the use of the United 
 States. 
 
 R. s., ioi5. --j^i^g Postmaster-General, under the direction of the Presi- 
 
 dent of the United States, is hereby authorized and empow- 
 ered to charge upon, and collect from, all letters and other 
 mailable matter carried to or from any port of the United 
 States, in any foreign packet-ship or other vessel, the same 
 rate or rates of charge for American postage which the gov- 
 ernment to which such foreign packet or other vessel l)elongs 
 imposes upon letters and otiier mailable matter conveyed to 
 or from such foreign country in American packets or other 
 vessels as the postage of such government, and at any time 
 to revoke the same; and all custom-house officers and other 
 United States agents designated or appointed for that pur- 
 pose shall enforce or carry into efi'ect the foregoing provi- 
 sion, and aid or assist in the collection of such postage, and 
 to that end it shall be lawful for such officers and agents, on 
 suspicion of fraud, to open and examine, in the presence 
 of two or more respectable persons, being citizens of the 
 United States, any package or packages supposed to con- 
 tain mailal>le matter found on board such packets or other 
 vessels or elsewhere, and to pre\ent, if necessary, such 
 packets or other vessels from entering, breaking bulk, or 
 making clearance until such letters or other mailal)le mat- 
 ter are duly delivered into the United Siates post-office. 
 
BUREAU OF NAVIGATION:^ 
 
 377 
 
 CONSl'LATKS OF TIIK CXITKl) STATFS 
 
 A I "ill. 
 
 Aiicklainl. 
 
 Huiifikiik. 
 
 Hiirci'loiiii. 
 
 Horlin. 
 
 Htiif(il;i. 
 
 Cairo. 
 
 ClllcUttJl. 
 CillltOIl. 
 ('ai«' Town. 
 Christiana. 
 
 Sciii'.nri.K 15. 
 I. — <'<>iixiilul(»-<inurul. 
 
 Cobiirfr. 
 
 ('oiL-itaiilinoplo. 
 
 Dro.xdi'ii. 
 
 Kraiikfort. 
 
 (tiiatoniala. 
 
 Guayatiiiil. 
 
 Habana. 
 
 Halifax. 
 
 Hankaii. 
 
 Iloiijjkonjr. 
 
 r>oii(lon (KnKlrtiul). 
 
 Marseilles. 
 
 MoUiourne. 
 
 Me.\ic'(). 
 
 Monrovia. 
 
 Monterey. 
 
 Montreal. 
 
 Munich. 
 
 Ottawa. 
 
 Panama. 
 
 Paris. 
 
 Kio de Janeiro. 
 
 Konie. 
 
 Rotterdam. 
 
 St. Gall. 
 
 St. Petersburg. 
 
 San Salvador. 
 
 Santo Domingo. 
 
 Seoul. 
 
 Slianghai. 
 
 Singanore. 
 
 Stoekliolm. 
 
 Tangier. 
 
 Vienna. 
 
 Yokohama. 
 
 11. — CitiixiilatC)'. 
 
 Aeaimleo. 
 
 Aden. 
 
 Aix la Chapelle. 
 
 Alexandrettn. 
 
 AlK'iiTs. 
 
 Amherst burg:. 
 
 Amoy. 
 
 Amsterdam. 
 
 Annaberg. 
 
 Antigua. 
 
 Asnneion. 
 
 Athens. 
 
 Baliia. 
 
 Baiiiberfj. 
 
 Barbados. 
 
 Barmen. 
 
 Barraniiuilla. 
 
 Basel. 
 
 Beirut. 
 
 Belfast. 
 
 Belize. 
 
 Berne. 
 
 Birmiiifiham. 
 
 Bombay. 
 
 Bordeaux. 
 
 Bradford. 
 
 Bremen. 
 
 Breslau, 
 
 Bristol. 
 
 Broekville. 
 
 Bruuswiek. 
 
 Brussels. 
 
 Budapest. 
 
 Buenos .\yres. 
 
 Cadiz. 
 
 Calai.s!. 
 
 Callao. 
 
 Cardiff. 
 
 Cartajjena (Colombia). 
 
 Catania. 
 
 Ceiba. 
 
 Ceylon. 
 
 Charlottetown. 
 
 Chatham. 
 
 Chefoo. 
 
 Chemnitz. 
 
 Chihuahua. 
 
 Cienfuegos. 
 
 Ciiidail .Iiiarcz. 
 
 Ciudad Porfirio Diaz. 
 
 Coaticook. 
 
 Collingwood. 
 
 Cologne. 
 
 Colon. 
 
 Copenhagen. 
 
 Cork. 
 
 Crefeld. 
 
 Ciiraeao. 
 
 Dawson City. 
 
 Demerara. 
 
 Du-blin. 
 
 Dundee. 
 
 Dunfermline. 
 
 Durango. 
 
 Diisseldorf. 
 
 Edinburgh. 
 
 Ensenada. 
 
 Erzerum. 
 
 Florence. 
 
 Fort Erie. 
 
 Freiburg. 
 
 Fuchau. 
 
 Funchal. 
 
 Gaspe. 
 
 Geneva. 
 
 Genoa. 
 
 Cihent. 
 
 Gibraltar. 
 
 Glasgow. 
 
 tilauehau. 
 
 Gothenburg. 
 
 Grenoble. 
 
 Guadeloupe. 
 
 Guelph. 
 
 Hamburg. 
 
 Hamilton (Bermuda) 
 
 Hamilton (Ontario). 
 
 Hanover. 
 
 Harput. 
 
 Havre. 
 
 Huddersfield. 
 
 Hull. 
 
 Jeru.salem. 
 
 Kehl. 
 
 Kingston f Jamaica). 
 
 King-ston (Ontario). 
 
 Kob^. 
 
 La Guaira. 
 
 La Rochelle. 
 
 Leeds. 
 
 Leghorn. 
 
 Leipzig. 
 
 Liege. 
 
 Liverpool. 
 
 London (Ontario). 
 
 Louren^o Marquez. 
 
 Lucerne. 
 
 Lyons. 
 
 Magdeburg. 
 
 Mainz. 
 
 Malaga. 
 
 Malta. 
 
 Managua. 
 
 Manchester. 
 
 Mannheim. 
 
 Maracaibo. 
 
 Martinique. 
 
 Matamoras. 
 
 Mazatlan. 
 
 Messina. 
 
 Milan. 
 
 Montevideo. 
 
 Moscow. 
 
 Nagasaki. 
 
 Nankin, 
 
 Nantes. 
 
 Naples. 
 
 Nassau. 
 
 Newcastle-on-Tyne. 
 
 Niagara Falls. 
 
 Nice. 
 
 Niuehwang. 
 
 Nogales. 
 
 Nottingham. 
 
 Nuevo Laredo. 
 
 Nuremberg. 
 
 Odessa. 
 
 Orillia. 
 
 Palermo. 
 
 Para. 
 
 Patras. 
 
 Pernambuco. 
 
 Plauen. 
 
 Port Hope. 
 
 Port Limon. 
 
 Port Louis. 
 
 Port Sarnia. 
 
 Port Stanley (F.I.). 
 
 Prague. 
 
 Prescott. 
 
 Pretoria. 
 
 Progreso. 
 
 Puerto Cabello. 
 
 Puerto Cortez. 
 
 Quebec. 
 
 Reichenberg. 
 
 Rheims. 
 
 Rosario. 
 
 Roubaix. 
 
 St. Etienne. 
 
 St. Helena. 
 
 St. John (N. B.). 
 
 St. Johns (N. F.) 
 
 St. Johns (Quebec). 
 
 St. Michaels. 
 
 St. Stephen. 
 
 St. Thomas (Ontario). 
 
 St. Thomas(\VestIndies). 
 
 Saltillo. 
 
 San Jose. 
 
 San Juan del Norte. 
 
 Santiago de Cuba. 
 
 Santos. 
 
 Sheflield. 
 
 Sherbrooke. 
 
 Sierra Leone. 
 
 Siva.s. 
 
 Smyrna. 
 
 Solingen. 
 
 Southampton. 
 
 Stettin. 
 
 Stratford. 
 
 Stuttgart. 
 
 Swansea. 
 
 Sydney (New South 
 
 Wales). 
 Sydney (Nova Scotia). 
 Tamatave. 
 Tampico. 
 
 Tamsui (Formosa). 
 TenerifTe. 
 Tegucigalpa. 
 Three Rivers. 
 Tientsin. 
 Toronto. 
 Trieste. 
 
 Trinidad (Island). 
 Tunstall. 
 Valencia. 
 Valjiaraiso. 
 Vancouver. 
 Venice. 
 Vera Cruz. 
 Victoria. 
 Weimar. 
 
 Windsor (Ontario). 
 Winnipeg. 
 Woodstock. 
 Yarmouth. 
 Zanzibar. 
 Zittau. 
 Zurich. 
 
 Ca.'itellamare di Stabia. 
 
 Cornwall. 
 
 Goderich. 
 
 Batavia. 
 Cape Haitien. 
 
 in. — Commercial Agencies. 
 
 Limcgcs. 
 
 St. Christopher. 
 
 St. Hyacinthe. 
 
 St. Pierre. 
 Stanbridge. 
 
 ScHEDfLE C. 
 
 Constdatex and Commercial Agencies. 
 
 Riga. 
 Rouen. 
 
 Tahiti. 
 Turin. 
 
 Vladivostock. 
 Wallaceburg. 
 
 Utilla. 
 
 Windsor (Nf)va Scotia). 
 
378 
 
 BUEEAU OF NAVIGATION 
 
 CONSULATES OF THE UNITED STATES— Continued. 
 
 Consulates and CoJiMKRfiAi, Agencies not Included in Schedules B or C. 
 
 I. — Coiisidalcs. 
 
 Alicante. 
 
 Carthageiia (Spain). 
 
 La Paz (Bolivia). 
 
 Puerta Plata. 
 
 
 Antofagasta. 
 
 Colonia. 
 
 La Paz (Mexico). 
 
 St. Martin. 
 
 
 Arica. 
 
 Cordoba. 
 
 Lisbon. 
 
 Teheran. 
 
 
 Bagdad. 
 
 Corunna. 
 
 Madrid. 
 
 Tunis. 
 
 
 Batum. 
 
 Falmouth. 
 
 Maskat. 
 
 Turks Island. 
 
 
 Belgrade. 
 
 Goree-Dakar. 
 
 Medellen. 
 
 Tuxpan. 
 
 
 Belleville. 
 
 Helsingfors. 
 
 Newcastle (N.S.W). 
 
 Warsaw. 
 
 
 Bergen. 
 
 Hobart. 
 
 P>>-mouth. 
 
 
 
 Bukharest. 
 
 Iquique. 
 
 Port au Prince. 
 
 
 
 
 n. — Commercial agencies. 
 
 
 
 Aguas Calientes. 
 
 Dalny. 
 
 Noumea. 
 
 Saigon. 
 
 
 Campbellton. 
 
 Eibenstock. 
 
 Paysandu. 
 
 St. George. 
 
 
 Cape Gracias a Dios. 
 
 Jeres de la Fnmtera. 
 
 Port Antonio. 
 
 Samana. 
 
 
 Carlsbad. 
 
 Manzanillo. 
 
 Port Rowan. 
 
 Sault Ste. Marie. 
 
 
 Chaudiere Junction. 
 
 Moncton. 
 
 Rimouski. 
 
 Suva. 
 
 
 
 CONSULATES OF THE UNITED STATES, BY COUNTRIES. 
 
 
 argentine republic. 
 
 Fuchau. 
 
 FRANCE AND DOMINIONS, 
 
 , Bremen. 
 
 
 
 Hankau. 
 
 
 Bremer haven -Gees te- 
 
 Bahia Blanca. 
 
 Nankin. 
 
 Algiers, Africa. 
 
 miinde. 
 
 
 Buenos Ayres. 
 
 Niuchwang. 
 
 Angers. 
 
 Breslau. 
 
 
 Cordoba. 
 
 Shanghai. 
 
 Bastia, Corsica. 
 
 Brunswick. 
 
 
 Rosario. 
 
 Tientsin. 
 
 Bone. 
 Bordeaux. 
 
 Cassel. 
 Chemnitz. 
 
 
 AUSTRIA-HUNGARY. 
 
 COLOMBIA. 
 
 Boulogne-.sur-mer. 
 Brest. 
 
 Coburg. 
 Cologne. 
 
 
 Briinn. 
 
 Barranquilla. 
 
 Calais. 
 
 Crefeld. 
 
 
 Budapest, Hungary. 
 
 Bocas del Toro. 
 
 Cannes. 
 
 Danzig. 
 
 
 Carlsbad, Austria." 
 
 Bogoti'i. 
 
 Caudry. 
 
 Dresden. 
 
 
 Fiume. 
 
 Bucaramanga. 
 
 Cette. 
 
 Diisseldorf. 
 
 
 Haida. 
 
 Call. 
 
 Cherbourg. 
 
 Eibenstock. 
 
 
 Prague, Austria. 
 
 Cartagena. 
 
 Cognac. 
 
 Essen. 
 
 
 Reichenberg, Austria. 
 
 Colon. 
 
 Dieppe. 
 
 Frankfort. 
 
 
 Trieste. Austria. 
 
 Cucuta. 
 
 Dijon. 
 
 Freiburg, Baden. 
 
 
 Vienna, Austria. 
 
 Honda. 
 
 Dunkirk. 
 
 Gera. 
 
 
 
 Medellin. 
 
 GorcSe-Dakar, Africa. 
 
 Glauchau. 
 
 
 BELGIUM. 
 
 Panama. 
 
 Grenoble. 
 
 Hamburg. 
 
 
 
 Quibdo. 
 
 Guadeloupe, W. I. 
 
 Hanover. 
 
 
 Antwerp. 
 
 Santa Marta. 
 
 Havre. 
 
 Kehl. 
 
 
 Brussels. 
 
 
 Honfieur. 
 
 Kiel. 
 
 
 Charleroi. 
 
 COSTA RICA. 
 
 La Rochelle. 
 
 Konigsberg. 
 
 
 Ghent. 
 
 
 Lille. 
 
 Langen Schwalbach. 
 
 
 Liege. 
 
 Port Limon. 
 
 Limoges. 
 
 Leipzig. 
 
 
 Verviers. 
 
 PuntA Arenas. 
 
 Lorient. 
 
 Liibeck. 
 
 
 
 San Jos(5. 
 
 Lyons. 
 
 Magdeburg. 
 
 
 BOLIVIA. 
 
 
 Marseilles. 
 
 Mainz. 
 
 
 
 CUBA. 
 
 Martinique, W. I. 
 
 Mannheim. 
 
 
 La Paz. 
 
 
 Mentone. 
 
 Markneukirchen. 
 
 
 
 Caibarien. 
 
 Monaco. 
 
 Munich. 
 
 
 BRAZIL. 
 
 Cienfuegos. 
 
 Nantes. 
 
 Neustadt. 
 
 
 
 Gibara. 
 
 Nice. 
 
 Nuremberg. 
 
 
 Aracaju. 
 
 Habana. 
 
 Noumea, N. C. 
 
 Plauen. 
 
 
 Bahia. 
 
 Sagua laGrande. 
 
 Oran. 
 
 Ritzebiittel and Cuxha- 
 
 Ceara. 
 
 Santiago de Cuba. 
 
 Paris. 
 
 ven. 
 
 
 Maoeio. 
 
 
 Pan. 
 
 Sol in gen. 
 
 
 Manaos. 
 
 DENMARK AND DOMIN- 
 
 Rennes. 
 
 Sonneberg. 
 
 
 Maranhao. 
 
 IONS. 
 
 Rheims. 
 
 Sorau. 
 
 
 Natal. 
 
 
 Roubaix. 
 
 Stettin. 
 
 
 Para. 
 
 Christiansted, St. Croix 
 
 Rouen. 
 
 Stuttgart. 
 
 
 Pernambuco. 
 
 Island. 
 
 Saigon. Cochin China. 
 
 Swinemiinde. 
 
 
 Rio de Janeiro. 
 
 Copenhagen. 
 
 St. Etienne. 
 
 Weimar. 
 
 
 Rio Grande do Sul. 
 
 Frederieksted, St. Croix 
 
 St. Malo. 
 
 Wiesbaden. 
 
 
 Santos. 
 
 Island. 
 
 St. Nazaire. 
 
 Zittau. 
 
 
 Victoria. 
 
 St. Thomas, W. I. 
 
 St. Pierre, St. Pierre Is 
 
 ;- 
 
 
 
 
 land. 
 
 GREAT BRITAIN AND 
 
 DO- 
 
 CHILE. 
 
 DOMINICAN REPUBLIC. 
 
 Tahiti, Society Islands. 
 Taniatave, Madagascar. 
 
 MINIONS. 
 
 Aberdeen. 
 
 
 Antofagasta. 
 
 Arica. 
 
 Caldera. 
 
 Coquimbo. 
 
 Coronel. 
 
 Iqinque. 
 
 Punta Arenas. 
 
 Talcahuano. 
 
 Valparaiso. 
 
 Azua. 
 
 Toulon. 
 
 Adelaide. 
 
 
 Macoris. 
 Monte Christi. 
 Puerto Plata. 
 
 Troyes. 
 Tunis, Africa. 
 
 Aden, Arabia. 
 
 Akyab. 
 
 Alberton. 
 
 
 Samana. 
 
 GERMANY'. 
 
 Albert Town. 
 
 
 Sanchez. 
 Santo Domingo. 
 
 ECUADOR. 
 
 Aix la Chapelle. 
 Annaberg. 
 Apia, l^amoa. 
 
 Amherstburg, Ont. 
 Annapolis. 
 Antigua, W. I. 
 Arichat. 
 
 
 CHINA. 
 
 
 Augbsurg. 
 
 Arnprior. 
 
 
 
 Bahia de Caraquez. 
 
 Bamberg. 
 
 Athlone. 
 
 
 Anioy. 
 
 Esmeraldas. 
 
 Barmen. 
 
 Auckland, N. Z. 
 
 
 Ciuitltn. 
 
 Guayaquil. 
 
 Berlin. 
 
 Ballvmena. 
 
 
 Chefoo. 
 
 Manta. 
 
 Brake and Nordenhamm 
 
 . Barbados, W. I. 
 
 
BtTREAT' OF NAVIGATION 
 
 379 
 
 COSSll.ATKl 
 
 Till-; VMIKI) STATES, IIY CorNTKlKS- 
 
 itilUU'll. 
 
 HniTislcy. 
 Barrio. 
 Btirriiijiton. 
 Basscin. 
 BuHmrst. 
 Biiv Bulls. 
 Bi'ifasi, Irtlaiiil. 
 Bclizi', IIoiKluras. 
 Bfllcvillf. Ont. 
 BinniiiKliain, EiiKlniiil. 
 Black KiviT. 
 BltK'iiifdiitoin. 
 Biimliav. luiiia. 
 BraiUord, Kiiglaiid. 
 Bmntford. 
 Briilfi^'watiT. 
 Brisbane, Qdoouslaiul. 
 Bristol, Knf,'laii(l. 
 Broc'kville, Out. 
 Cabaiu). 
 
 Calcutta. India. 
 CaniplicUtoii, N. li. 
 CaiiipiiliclU) Jslaiid. 
 Cape CaiKso. 
 
 Cape Town, Cape of ( i . H . 
 CardilT, Wales. 
 Carlisle. 
 Cayenne. 
 Cevlon M.sland). 
 Christ Cliurch. 
 Chitagong. 
 
 Cliarlottetown, P. E. I. 
 Chatham, Ont. 
 Chaudiere .1 unction, (.Que- 
 bec. 
 Chemainus. 
 Cheverio. 
 Clanniceville. 
 Clinton. 
 
 Coatieook, Quebec. 
 Coekburn Harbor. 
 Collingwood, Ont. 
 Cork (Queenstown). 
 Cornwall, Ont. 
 Coteau. 
 Courtwright. 
 Cookshire. 
 Cumberland. 
 Dartmouth. 
 
 Dawson City, Yukon T'y, 
 Deloraino. 
 Dcmerara, Guiana. 
 Derby. 
 Deseronto. 
 Digby. 
 Dover. 
 
 Dublin. Ireland. 
 Dundee, Scotland. 
 Dunedin. 
 
 Dunfermline, Scotland. 
 Dunmore Town. 
 Durban. 
 East London. 
 Edinburgh, Scotland. 
 Edmunstoii. 
 Emerson. 
 
 Falmouth, England. 
 Fernie. 
 
 Fort Erie. Ont. 
 Fort Elizabeth. 
 Fort William, Ont. 
 Fred eric ton. 
 Fremantle. 
 Galashiels. 
 Gait. 
 Gal way. 
 
 Gaspe Ba.sin. Quebec. 
 Georgetown. 
 Gibraltar, Spain. 
 Glasgow, Scotland. 
 Gloucester. 
 Goderich, Ont. 
 Governors Harbor. 
 Grand Manan. 
 Grand Mere. 
 Grenada. 
 Grenville. 
 
 Gretna. 
 Guelph, Ont. 
 Guernsey. 
 Greenock. 
 Green Turtle ("ay. 
 Halifax, N. S. 
 Hamilton, Bcrinuda. 
 Hamilton, Out. 
 llcrcfonl. 
 llcnnningford. 
 Hdliart, Tasmania. 
 H<idcida. 
 Holyhcail, Wales. 
 Hongkong, China. 
 Huddcrsticld, England. 
 Hull. EnghuKl. 
 Hvuitingdon. 
 .Jersey. 
 
 .lohanncsburg. 
 Karachi. 
 Kiddcrnnnster. 
 Kingston, .laiiinica. 
 Kingston, Ont. 
 Kingsport. 
 Kimi)erley. 
 Kirkcaldy. 
 Launceston. 
 Leicester. 
 
 Lethbridgc, Alberta. 
 Leeds, England. 
 Levis. 
 Lineboro. 
 Lindsay. 
 Limerick. 
 Liverpot)!. 
 Liverpool, England 
 Llanelly. 
 Lockport. 
 London, England. 
 London, Ont. 
 Londonderry. 
 Louisburg. 
 Lunenburg. 
 Lurgan. 
 Madras. 
 Malta (island). 
 Manchester, England. 
 Mathewtown. 
 Megantic. 
 
 Melbourne, Australia. 
 Midland. 
 Milford Haven. 
 Moncton, X. B. 
 Montego Bay. 
 Montreal, Quebec. , 
 Montserrat. 
 Moulmein. 
 Nanaimo. 
 Napanee. 
 Nassau, X. P. 
 Xel.son. 
 Nevis. 
 Newcastle. 
 Newcastle, N. S. W. 
 Xewcastle-on-Tyne, Eng- 
 land. 
 Xewport. 
 
 Xiagara Falls, Ont. 
 Norfolk Island. 
 North Bay, Xipissing. 
 Xorth Portal, ,\ssiniboia. 
 Xottingliam, England. 
 Orillia, Ont. 
 Ottawa, Ont. 
 Owen Sound. 
 Palmerston. 
 Paramaribo. 
 Paris. 
 Parrsboro. 
 Parry Sound. 
 Paspebiac. 
 Peiuing. 
 Peterborough. 
 Picton. 
 Pictou. 
 
 Plymouth, luigland. 
 Point de (;alle. 
 
 Port Antonio, .lamaica. 
 Port au.x Basques. 
 Port Elizabeth. 
 I'ort Hawksbur.\ and 
 
 Mulgrave. 
 Port Hoi>c, Ont. 
 Port Louis. Mauritius. 
 Port Maria. 
 l'<irt Morant. 
 Port Ivowan, Ont. 
 Port Sariiia, Ont. 
 Port Stanley, F. I. 
 Portsnioulli. 
 I'rescott. Ont. 
 Pretoria, South .Vfrica. 
 Pugwash and Wallace, 
 (iuebec. 
 Rangoon. 
 Rat Portagi', Ont. 
 Redditch. 
 Richibucto. 
 Rimouski, Quebec. 
 River Hebert. 
 Roseau, Dominica. 
 Rossland. 
 Salt Cay. 
 
 Sault Ste. Marie, Ont. 
 Savannah -la- Mar. 
 Sv-illv Islands. 
 Shetiield, England. 
 Shelbnrne. 
 Sherbrooke, Quebec. 
 Sierra Leone, Africa. 
 Singapore, S. S. 
 Sorel. 
 Souris. 
 
 Southampton, England. 
 Stanbridge, Quebec. 
 Stanstead. 
 Stratford, Ont. 
 St. .Vndrews. 
 St. Anns Bay. 
 St. Catherines. 
 St. Christopher, \V, I. 
 St. Cicorgc. 
 
 St. (ieorge, Bernnida. 
 St. Helens. 
 St. Helena (island). 
 St. Hvacinthe. Quebec. 
 St. .Johns, N, F. 
 St. John, N. B. 
 St. Johns, Quebec. 
 St. Lucia. 
 
 St. Marvs. Scillv Lsls. 
 SI. Stel.hen, X. B. 
 St. Thomas, Ont. 
 St. Vincent. 
 Summerside. 
 Sudbury. 
 Sunderiand. 
 Stiva, Fiji Islands. 
 Swansea, Wales. 
 Sydney, N. S. 
 Sydney, X. S. W. 
 Three Rivers, Quebec. 
 Toronto, Ont. 
 Townsville, (Jueensland. 
 Trenton. 
 Trinidad, W. I. 
 Troon. 
 
 Tuiistall, England. 
 Turks Island, W. I. 
 Victoriaviile. 
 Victoria, B. C. 
 Vancouver, B. C. 
 Wallaceburg, Ont 
 W'aterford. 
 Waterloo. 
 West Hartlepool. 
 Wellington. 
 Weymouth. 
 Wiarton. 
 Windsor, N. S. 
 Windsor, Ont. 
 Winnipeg, .Manitoba. 
 Wolvcrbampton. 
 Woodstock, X.B. 
 
 YarnioMth, N. S. 
 
 .Vlll.MlS. 
 
 Corfu. 
 
 Piriens. 
 
 Patras. 
 
 UlATKMAr.A 
 
 Champerico. 
 
 Guatemala. 
 
 Livingston. 
 
 t)cos. 
 
 San .lose de (iuatemahi. 
 
 HAITI. 
 
 Aux ('ayes, 
 (^ape Haition. 
 Gonaives. 
 Jacmel. 
 Jeremie. 
 Miragoane. 
 Port all Prince. 
 Port de I'aix. 
 Petit (ioave. 
 St. Marc. 
 
 nONDURA.S. 
 
 Amapala. 
 
 Bonacca. 
 
 Ceiba. 
 
 Puerto Cortez. 
 
 Ruatan. 
 
 San Pedro Snla. 
 
 Tegucigalpa. 
 
 Tela. 
 
 Tru.xillo. 
 
 rtilla. 
 
 ITALY. 
 
 Ancona. 
 
 Bari. 
 
 Bologna. 
 
 Cagliari. 
 
 Capri. 
 
 Carini. 
 
 Carrara. 
 
 Castellamare di Stabia. 
 
 Catania. 
 
 Civita Vecchia. 
 
 Florence. 
 
 Genoa. 
 
 Girgenti. 
 
 Leghorn. 
 
 Licata. 
 
 Messina. 
 
 Milan. 
 
 Naples. 
 
 Palermo. 
 
 Reggio, Calabria. 
 
 Rodi. 
 
 Rome. 
 
 San Remo. 
 
 Sorrento. 
 
 Trapani. 
 
 Turin. 
 
 Venice. 
 
 .7APA>f. 
 
 Kobe. 
 Nagasaki. 
 Tamsui, Formosa. 
 Yokohama. 
 
 KOKKA. 
 
 Seoid 
 
 LIBERIA. 
 
 Monrovia. 
 
 Maskat. 
 
380 
 
 BUREAU OF NAVIGATION 
 
 CONSULATES OP THE UNITED STATES, BY COUNTRIES— Continued. 
 
 Acapulco. 
 
 Aguas Calientes. 
 
 Camiioflio. 
 
 Cliihiialiua. 
 
 Ciuilad Juarez. 
 
 Ciudad I'ortirio Diaz. 
 
 Coatzacoalcos. 
 
 Durango. 
 
 Ensenada. 
 
 Frontera. 
 
 Guadalajara. 
 
 Guanajuato. 
 
 Guaymas. 
 
 Laguna de Termino.s. 
 
 La Paz. 
 
 Manzanillo. 
 
 Matamoros. 
 
 Mazatlan. 
 
 Mexico. 
 
 Monterey. 
 
 Nogales. 
 
 Nuevo Laredo. 
 
 Oaxaca. 
 
 Parral. 
 
 Progreso. 
 
 Puebla. 
 
 San Jose. 
 
 San Luis Potosi. 
 
 Saltillo. 
 
 Sierra Mojada. 
 
 Taniiiico. 
 
 Tlaciitalpan. 
 
 Topololiampo. 
 
 Torreon. 
 
 Tuxpan. 
 
 Vera Cruz. 
 
 Victoria. 
 
 Zacatecas. 
 
 Casa Blanca. 
 
 Mogador. 
 
 Tangier. 
 
 NETHERLANDS AND DO- 
 MINIONS. 
 
 Amsterdam. 
 Batavia, Java. 
 Buen Ayre. 
 Curasao, W. I. 
 
 Flushing. 
 Macassar, Celebes. 
 Padang, Sumatra. 
 
 Riitterdani. 
 Samara I IS,'. 
 Scliit'dain. 
 Soerabaya. 
 St. Kustatius. 
 St. Martin, W. I. 
 
 NICARAGUA. 
 
 Bluefields. 
 
 Cape Gracias a Dios. 
 
 Corinto. 
 
 Managua. 
 
 Matagalpa. 
 
 San Juan del Norte. 
 
 San Juan del Sur. 
 
 OMAN. 
 
 Maskat. 
 
 PARAGUAY. 
 
 Asuncion. 
 
 PERSIA. 
 
 Teheran. 
 
 PERU. 
 
 Callao. 
 
 Chiclayo. 
 
 Mollendo. 
 
 Paita. 
 
 Salaverry. 
 
 Tumbez. 
 
 PORTUGAI, AND DOMIN- 
 IONS. 
 
 Beira. 
 
 Brava, C. V. I. 
 
 Faro. 
 
 Fayal. 
 
 Flores. 
 
 Funchal, Madeira. 
 
 Lisbon. 
 
 LoureiU'O Marquez. 
 
 Oporto. 
 
 San Jorge. 
 
 Setubal. 
 
 St. Michaels, Azores. 
 
 St. Vincents, C. V. I. 
 
 Terceira. 
 
 St. Petersburg. 
 Vladivostock. 
 Warsaw. 
 Wiborg. 
 
 SALVADOR. 
 
 Acajutla. 
 La Libertad. 
 La Union. 
 San Salvador. 
 
 Belgrade. 
 
 ROUMANIA. 
 
 Bukharest. 
 
 Abo. 
 
 Batum. 
 
 Cronstadt. 
 
 Dalny. 
 
 Hel.singfors. 
 
 Libau. 
 
 Moscow. 
 
 Odessa. 
 
 Revel. 
 
 Rostoff and Taganrog. 
 
 Riga. 
 
 Bangkok. 
 
 SPAIN AND DOMINIONS. 
 
 Algeciras. 
 
 Alicante. 
 
 Almeria. 
 
 Barcelona. 
 
 Bilbao. 
 
 Cadiz. 
 
 Carthagena. 
 
 Corunna. 
 
 Denia. 
 
 Gijon. 
 
 Grand Canary. 
 
 Huelva. 
 
 Jeres de la Frontera. 
 
 La Palma. 
 
 Madrid. 
 
 Malaga. 
 
 Port St. Marys. 
 
 San Feliu de Guixols. 
 
 Santander. 
 
 Seville. 
 
 Tarragona. 
 
 TenerifYe,Canar> Islands. 
 
 Valencia. 
 
 Vigo. 
 
 SWEDEN AND NORWAY. 
 
 Arendal. 
 
 Bergen, Norway. 
 
 Christiania, Norway. 
 
 Christiansand. 
 
 Drontheim. 
 
 Gothenburg, Sweden. 
 
 Helsingborg. 
 
 Malmo. 
 
 Stavanger. 
 
 Stockholm, Sweden. 
 
 Sundsvall. 
 
 Berne. 
 
 Chaux-de-Fonds. 
 
 Geneva. 
 
 Lucerne. 
 
 St. Gall. 
 
 Vevey. 
 
 Winterthur. 
 
 Zurich. 
 
 TURKEY AND DOMINIONS. 
 
 Aleppo. 
 
 Alexandretta, Syria. 
 
 Alexandria. 
 
 Assioot. 
 
 Assuan. 
 
 Bagdad. 
 
 Bassorah. 
 
 Beirut, Syria. 
 
 Cairo, Egypt. 
 
 Constantinople. 
 
 Damascus. 
 
 Dardanelles. 
 
 Erzerum. 
 
 Haifa. 
 
 Harput. 
 
 Jerusalem, Syria. 
 
 Luxor. 
 
 Mersine. 
 
 Minieh. 
 
 Mytilene. 
 
 Port Said. 
 
 Saloniki. 
 
 Samsoun. 
 
 Sivas. 
 
 Smyrna. 
 
 Suez. 
 
 Trebizond. 
 
 Tripoli. 
 
 Yafa. 
 
 URUGUAY. 
 
 Colonia. 
 
 Montevideo. 
 
 Paysandu. 
 
 SWITZERLAND. 
 
 Aarau. 
 Basel. 
 
 VENEZUELA. 
 
 Barcelona. 
 
 Caracas. 
 
 Carupano. 
 
 Ciudad Bolivar. 
 
 Coro. 
 
 Cumana. 
 
 La Guaira. 
 
 Maracaibo. 
 
 Puerto Cabello. 
 
 San Cristobal. 
 
 Tovar. 
 
 Valencia. 
 
 Valera. 
 
 ZANZIBAR. 
 
 Zanzibar. 
 
CHAPTER XIV 
 BUREAU OF IMMIGRATION 
 
 Prior to the passage of the act of March o, 1801, the various laws 
 rehiting to the immigration of aliens, including those in regard to the 
 importation of contract laborers, were administered hy State o(H<"ials 
 designated b}' the governors of the respective States, under tlie direc- 
 tion and control of the Secretary of the Treasury, and the expense 
 incurred in such administration was defrayed from the permanent 
 appropriation provided for by the act approved August 3, 1882, and 
 known as the "Immigrant fund." 
 
 Section T of the iirst-mentioned act established the office of Super- 
 intendent of Immigration, placing this officer under the direction of 
 the Secretarj^ of the Treasury. The same act provided that the duties 
 theretofore discharged by State commissions, boards, or officers should 
 be performed and exercised, as occasion might require, by the inspec- 
 tion officers of the United States. Thus for the first time the admin- 
 istration of the immigration laws came into the hands of Federal 
 officials exclusiveh'. 
 
 The act of March 2, 1895, made an appropriation for the enforce- 
 ment of the alien contract-labor laws, and under the heading '• Bureau 
 of Immigration " changed the title of the Superintendent to Commis- 
 sioner-General of Immigration, and in addition to his other duties 
 charged him with the enforcement, under the direction of the Secre- 
 tary of the Treasury, of the alien contract-labor laws. 
 
 By the act of June 6, 1900, the duties of the Commissioner-General 
 of Immigration were extended further to include the administration 
 of the Chinese-exclusion law, under the supervision and direction of 
 the head of the Department. 
 
 The law of Februar}" 14, 1903. establishing the Department of 
 Conmierce and Labor, transferred the Bureau of Immigration and its 
 official force, both at the capital and at large, to the Department of 
 Conunerce and Labor, and the authority conferred hy any legislation 
 in relation to the immigration of aliens and the exclusion of Chinese 
 persons upon the Secretary of the Treasur}', was conferred upon the 
 Secretary of Commerce and Labor from and after July 1, 1903. 
 
 381 
 
382 
 
 BUREAU OF IMMIGRATION 
 
 Chiefx of Lnmigration Service U'ith dates of service. 
 
 From— To— 
 
 Superintendent. 
 
 W. D. Owen 
 
 Herman Stump 
 
 Commissioner-General. 
 
 Herman Stump 
 
 T. V. Powderly 
 
 F. P. Sargent 
 
 1891 
 1893 
 
 1893 
 1895 
 
 1895 I 1897 
 1897 1902 
 1902 I 
 
 LAW PERTAINING TO IMMIGRATION 
 
 [As modified by act of Fel)ruary 14, 1903, sees. 4 and 7, pages '2(; and 28.] 
 
 Duty on inimi 
 grant. 
 Mar. S, 1903. 
 32 Stat, 1213. 
 
 fund 
 
 There shall be levied, collected, and paid a duty of two 
 dollars for each and every passenger not a citizen of the 
 United States, or of the Dominion of Canada, the Republic 
 of Cuba, or of the Republic of Mexico, who shall come by 
 steam, sail, or other vessel from any forcion port to any 
 port within the United States, or b3^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 a permanent appro- 
 immigrant pnation to ])e called the ''immigrant fund,"" to be used 
 under the direction of the Secretary of Commerce and 
 Labor to defray the expense of regulating the immigra- 
 tion 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 Commis- 
 sioner-General of Immigration, and the salaries and ex- 
 penses of all officers, clerks, and employees appointed 
 for the purpose of enforcing the provisions of this Act. 
 The duty imposed by this section shall be a lien upon 
 the vessel which shall l)ring such aliens to ports of the 
 United States, and shall be a debt in favor of the United 
 States against the owner or owners of such vessels, and 
 the payment of such duty may be enforced by any legal 
 or equitable remedy; the head tax herein provided for 
 shall not bo 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 : Provulcd^ 
 That the Commissioner-General of Immigration, under the 
 direction or with the approval of the Secretary of Coni- 
 nierco and Labor, by agn^ement with transportation lines, 
 as provided in section thirty-two of this Act, may ai-raiige 
 in some other manner for the payment of the duty imposed 
 
BUREAU OF IMMIGRATION 383 
 
 bv this section upon aliens ,seekin»i" admission overland, 
 either as to all or as to any such aliens. 
 
 The following- classes of aliens shall he excluded tV«)ui Hasses.'" '''''''"" 
 admission into the ITuited States: All idiots, insane i)er- •*'•-■ 
 sons, ei)ileptics, and j)ers()ns who ha\'e ])een insane within 
 five years previous; persons who have had two or more 
 attacks of insanity at any time previously; paupers; 
 persons likid}- to become a ])ublii- charge; professional beg- 
 gars; persons atflicted with a loathsome or with a dan- 
 j>-erous conta^iious disease; persons who have been con- 
 victed of a felony or other crime or misdemeanor involvino- 
 moral tui'pitutle; polyg-amists, anarchists, or persons who 
 ])elieve in or advocate the overthrow by force or violence 
 of the (xovei'mnent of the United States or of all o-overn- 
 mcnt or of all forms of hnv, or tlu^ jissassination of public 
 otlicials; prostitutes, and persons who procuie or attempt 
 to bring- in prostitutes or women for the purpose of prosti- 
 tution; those who have been, within one vear from the date 
 of the application for admission to the United States, t"«»t™'"'^''"r- 
 deported as being- under ofiers, solicitations, promises or 
 agreements to perform ]a))or or service of some kind 
 therein; and also any person whose ticket or passag-e is 
 paid for with the money of another, or who is assisted by 
 others to come, unless it is attii'matively and satisfactorily 
 shown that such person does not ))elong- to one of the fore- 
 going- excluded classes;" but this section shall not be held 
 to prevent persons living- in the United States from send- 
 ing- for a relative or friend who is not of the foregoing- 
 excluded classes: Provided, That nothing in this Act shall ^f^^^ptioi^s. 
 exclude persons convicted of an otiense purely political, 
 not involving moral turpitude: A)uJ provided further^ 
 That skilled labor may l)e iniported, if labor of like kind 
 unemployed can not be found in this country: And jyro- 
 vided flirt Jwr, That the provisions of this law applica])le 
 to contract hi))or shall not l)e held to exclude professional 
 actors, artists, lecturers, singers, ministers of any reli- 
 gious denomination, professors for colleges or seminaries, 
 persons belonging to any recognized learned profession, or 
 persons employed strictly as personal or domestic servants. 
 
 The importation into the United States of any woman importation of 
 or girl for the purposes of prostitution is hereby forjluukm "forbld- 
 bidden; and whoever shall import or attempt to import ^^"^^^^-^ ^ 
 any woman or girl into the United States for the purposes 
 of prostitution, or shall hold or attempt to hold, any 
 woman or girl for such purposes in pursuance of such 
 illegal importation shall be deemed guilty of afelon3%and, 
 on conviction thereof, shall ])e imprisoned not less than one 
 nor more than five years and pay a tine not exceeding live rtnaity. 
 thousand dollars. 
 
 It shall be unlawful for any person, company, part- ^^.P^pp'^J'^^^'i^J^jJ 
 nership. or corporation, in any manner whatsoever, to forbidden. 
 prepay the transportation or in any way to assist or '^'^' " 
 encourage the importation or migration of any alien 
 
 "Anarfhifts inadiiiif^j-ible, page 393; alien contract laborers inad- 
 missible, page 394. 
 
384 BUEEAU OF IMMIGRATION 
 
 into the United States, in piir.suanee of an}" offer, solicita- 
 tion, promise, or agreement, parole or special, expressed 
 or implied, made previons to the importation of such alien 
 to perform labor or service of an}' kind, skilled or unskilled, 
 in the United States. 
 Ic(^5^^^' ^^^' <^'^"6rv violation of any of the provisions of section 
 
 four of this Act the person, partnership, company, or 
 corporation violating the same, by knowingly assisting, 
 encouraging, or soliciting the migration or importation of 
 any alien to the United States to perform labor or service 
 of any kind by reason of any offer, solicitation, promise, 
 or agreement, express or implied, parole or special, to or 
 with such alien shall forfeit and pay for every such offense 
 the sum of one thousand dollars, which may be sued for 
 b^unt d st"f 'i' ''^'^^^ recovered by the United States, or l)y any person who 
 of any person, 'shall first bring his action therefor in his own name and 
 for his own benefit, including any such alien thus promised 
 labor or service of any kind as aforesaid, as debts of like 
 amount are now recovered in the courts of the United 
 States; and separate suits may be brought for each alien 
 thus promised labor or service of any kind as aforesaid. 
 And it shall be the duty of the district attorney of the 
 proper district to prosecute every such suit when lirought 
 by the United States. 
 promfs?ng°'*em- I* ^^^'^^^^ ^^^ Unlawful and be deemed a violation of section 
 pioyment. four of this Act to assist or encourage the importation 
 
 or migration of any alien b}" a promise of employn)ent 
 through advertisements printed and published in any 
 foreign country; and any alien coming to this country 
 in consequence of such an advertisement shall be treated 
 as coming under a promise or agreement as contemplated 
 in section two of this Act, and the penalties imposed l)y 
 section fi^•e of this Act shall lie applicalile to such a case: 
 Provided, That this section shall not apply to States or 
 Territories, the District of Columbia, or places suliject 
 to the jurisdiction of the United States advertising the 
 inducements they offer for immigration thereto, respect- 
 ively. 
 transporfaUon ^^ transportation company or owner or owners of 
 company. vcsscls or othcrs engaged in transporting ali(Mis into the 
 
 '^^'" ^" United States, shall, directly or tiii'ough agents, either by 
 
 writing, printing, or oral representations, solicit, invite, 
 or encourage the immigration of any aliens into the United 
 States except by ordinary commercial letters, circulars, 
 advertisements, or oral representations, stating the sailings 
 of their vessels and terms and facilities of transportation 
 therein; and for a violation of this provision any such 
 transportation company and any such owner or owners of 
 A^essels, and all others engaged in transporting aliens to 
 the United States, and the agents ])y them employed, shall 
 be subjected to the ]:)enalties im[)osed bv section five of 
 this Act. 
 lawluHy^ Mng- ^"3^ pcrsou, including the master, agent, owner, or 
 ing alien into consignee of any vcsscl, who shall bring into or land in 
 ^&c!i^*^*''" the United States, by vessel or otherwise, or who shall 
 
BUREAU OV IMMIGRATION 8b 5 
 
 attcMiipt. l)y iiiiiisdl' or tlirouiih anotlior, to briiio- into or 
 land ill the I'liitcHl Statos, by vess(>l or otherwise, any 
 ali»Mi not duly admitted by an iniinioiaiit inspector, or 
 not lawfully entitled to enter the United States, (iluill bo 
 deemed "uilty of a misdemeanor, and shall, on conviction, 
 he punished by a tine not exceedin*>" one thousand dollars 
 for eacli and every alien so landed or attempted to be 
 landed, or ])V imprisonment for u term not h^ss than three 
 months nor more than two years, or by l)oth such tine and 
 imprisonment. 
 
 It shall be unlawful for any person, includin*,^ any pg;^^'*'" ^^''*'^'^''^' 
 transportation company oth(>r than railway lines enter- •*<;.». 
 inji" the United States from foreio-n contiguous teri'itory, 
 or the owner, master, ao-ent. or i-onsioiioo of any vessel 
 to brinj^- to the United States any alien atWicted with a loath- 
 some or Avith a danyerous contagious disease; and if it 
 shall appear to the satisfaction of the Secretary of Com- 
 merce and Lal)or that any alien so l)i'ouoht to tiie I'nited 
 States was atiiii-ted Avitli such a disease at the time of for- 
 eign embarkation, and that the existence of such disease 
 might have been detected by means of a competent medical 
 examination at such time, such person or transportation 
 company or the master, ag-ent, owner, or consignee of any 
 such vessel shall pay to the collector of customs of the 
 customs district in which the port of arrival is located the 
 sum of one hundred dollars for each and every violation 
 of the provisions of tliis section: and no vessel shall ))e 
 granted clearance papers while any such tine imposed npon 
 it remains unpaid, nor shall such tine ))e remitted. 
 
 The decision of the l)oard of special inipiiry, herein- bo^rd^^J^fgpeciai 
 after provided for, based upon the certificate of the "i^^jfry^ 
 examining medical officer, shall be final as to the rejec- 
 tion of aliens atilicted with a loathsome or with a dan- 
 gerous contagious disease, or with any mental or phys- 
 ical disability which would l)ring*!iuch aliens within any of 
 the classes excluded from admission to the United States 
 under section two of this Act. 
 
 Upon the certificate of a medical officer of the Public Heipi/ssrijec't- 
 
 TT 1 I 1 A I • TT • 1 ' • i A^ t»' i j_i J. *^*^ aluMi with 
 
 Health and Marme-Hospital Service to the etiect that comimniou. 
 a rejected alien is helpless from sickness, physical dis- '"'■ ^'' 
 a))ility, or infancy, if such alien is accompanied by another 
 alien whose protection or guardianship is required by 
 such rejected alien, the master, agent, owner, or con- 
 signee of the vessel in which such alien and accompanying- 
 alien are brought shall be required to return said alien 
 and accompanying alien in the same manner as vessels are 
 required to return other rejected aliens. 
 
 l^])on the arrival of any alien by water at any port ppft"''f,\"j;„*i'f,7jigt 
 within the United States it shall be the duty of the «'f «i;«y^- 
 master or commanding officer of the steamer, sailing 
 or other vessel, having said alien on board to deliver to 
 the immigration officers at the port of arrival lists or 
 manif(>sts made at the time and place of emiiarkation of 
 such alien on board such steamer or vessel, which shall, 
 27628—04 25 
 
386 BUREAU OF IMMIGRATION 
 
 in answer to (|iic,stions at the to]) of said lists, state as to 
 each alien the full name, a^'e, and sex; whether married or 
 single; the calling- or occupation; whether able to read or 
 write; the nationality; the race; the last residence; the 
 seaport for lauding in the United States; the final desti- 
 nation, if au}^, beyond the port of landing; whether having 
 a ticket through to such final destination; whether the 
 alien has paid his own passage, or whether it has lieen 
 paid })y any other person or by any coi-poration, society, 
 municipality, or government, and if so, by whom; whether 
 in possession of fiftj^ dollars, and if less, how much; 
 whether going to join a relative or friend, and if so, what 
 relative or friend and his name and complete address; 
 whether ever before in the United States, and if so, when 
 and where; whether ever in prison or almshouse or an 
 institution or hospital for the care and treatment of the 
 insane or supported by charity; whether a pohgamist; 
 whether an anarchist; whether coming by reason of an}" 
 oti'er, solicitation, promise or agreement, expi-essed or 
 implied, to perform lal^or in the United States, and what 
 is the alien's condition of health mental and physical, and 
 whether deformed or crippled, and if so, for how^ long and 
 from what cause. 
 is"to^be"^made -^^^ aliens arriving ])y water at the ports of the United 
 out and verittert. States shall be llstcd in convenient groups, and no one 
 list or manifest shall contain more than thirty names. To 
 each alien or head of a family shall ])e given a ticket on 
 which shall be written his name, a number or letter 
 designating the list in which his name, and so forth, is 
 « contained, and his numl)er on said list, for convenience 
 
 of identification on arrival. Each list or manifest shall be 
 verified by the signature and the oath or affirmation of the 
 master or commanding officer or the first or second below 
 him in command, taken before an immigration officer at 
 the port of arrival, to the effect that he has caused the 
 surgeon of said vessel sailing therewith to maki^ a physical 
 and oral examination of each of said aliens, and that from 
 the report of said surgeon and from his own investigation 
 he believes that no one of said aliens is an idiot, or insane 
 person, or a pauper, or is likely to becon)e a i)ublic charge, 
 or is suffering from a loathsome or a dangerous conta- 
 gious disease, or is a person who has been convicted of 
 a felony or other crime or misdemeanor involving moral 
 turpitude, or a poh'gamist, or an anarchist, or under 
 promise or agreement, express or implied, to perform 
 labor in the United States, or a prostitute, and that also, 
 according to the best of his knowledge and belief, the 
 information in said lists or manifests concerning each of 
 said aliens named therein is correct and true in every 
 respect. 
 seUomaL^phys"- . '^'^^*' surgcou of said A^csscl Sailing therewith shall also 
 itiii tx a mi nil- sign eacli of Said lists or manifests and make oath or 
 caUon" '^^^'^ "affirmation in like manner before an immigration officer 
 Sec.u. .^i ^\^Q -pQYi yf arrival, stating his professional expe- 
 
 ailM 
 
lUTREAU OF IMMIGKATION 887 
 
 riciu-r ;iii(l (lualilirations as a ])l)ysician and siirovon, and 
 that lie lias made a jxTsonal cxaiuiiiatioii of each of tlio 
 said aliens iiaMunl tluTcMn. and that th(» said list or inani- 
 fost, accoi'dini"' to tho best of his l<no\vlod«;c and belief, is 
 full, eorreet, and true in all particulars relative to the 
 uiental and ])hysi('al condition of said aliens. If no sur- 
 oeon sails with any vessel brino-ino- aliens the mental and 
 physical examinations and the verifications of the lists oi- 
 manifests shall be made by some competent suroeon em- 
 ployed l)y the ownei's of the said v(\ssel. 
 
 In the case of the failure of the master or conmianding- sy*:""/-'-^'- 
 otHcer of any vessel to deliver to the said immigration 
 oflicers lists or manifests of all aliens on board thereof as 
 recjuired in sections twelve, thirteen, and fourteen of this 
 Act, he shall pay to the collector of .customs at the port 
 of arrival the sum of ten dollars for each alien concerning 
 whom the above information is not contained in any list 
 as aforesaid. 
 
 Upon the receipt by the immigration oflicers at any port i,„^"^j^ration of- 
 of arrival of the lists or manifests of aliens provided forin'ieer. 
 in sections twelve, thirteen, and fourteen of this Act it 
 shall l)e the duty of said officers to go or send competent 
 assistants to the vessels to which said lists or manifests 
 refer and there inspect all such aliens, or said immigration 
 officers may order a tem})orary removal of such aliens for 
 exannnation at a designated time and place, but such tem- 
 porary j-emo\al shall not be considered a landing, nor shall 
 it relieve the transportation lines, masters, agents, owners, 
 or consignees of the vessel upon which such aliens are 
 brought to any port of the United States from any of the 
 ol)ligati<)ns which, in case such aliens remain on ])Oi:rd, 
 would, luider tlie provisions of this Act, bind the said trans- 
 portation lines, masters, agents, owners, or consignees; 
 Pi'oi'tdrd^ That where a suitable building is used for the 
 detention and examination of aliens the immigration offi- 
 cials shall there take charge of such aliens, and the trans- 
 portation companies, masters, agents, owners, and con- 
 signees of the vessels Ijringing such aliens shall be relieved 
 of the responsibility for their detention thereafter until 
 the return of such aliens to their care. 
 
 The phvsical and mental examination of all arriving , i'^>^i;^;<\} ^,^- 
 
 II "i 1 1 11 ^ * ^ f^-» • I T* 1 • iim 1 im lion oy 
 
 lens shall be made bv medical oincers of the Puldic meciiiai officer 
 
 Health and :Marine-Hospital Service, who shall have hLV Marin^'nos^- 
 had at least two years' experience in the practice of their I'^l^^j.^'^Ji'^^'^*^- 
 profession since receiving the degree of doctor of medi- 
 cine and who shall certify for the information of the inimi- 
 gratioti officers and the boards of special iiKjuiry herein- 
 after provided for. any and all physical and mental defects 
 or diseas«\s ol)served by said medical officers in any such 
 alien, or, should medical officers of the Public Health and 
 ^lariiu^-Hospital Service be not avaihi])le, civil surgeons 
 of not less than four years' professional experience may 
 be em})loyed in such emergencies for the said service, upon 
 such terms as may be prescribed by the Commissioner- 
 
388 BUEEAU OF IMMIGEATION 
 
 General of Immig-ration, under the direction or with the 
 approval of the Secretary of Commerce and Labor. The 
 Public Health and Marine-Hospital Service shall be reim- 
 bursed by the Immig'ration Service for all expenditures 
 incurred in carrying out the medical inspection of aliens 
 under regulations of the Secretary of Commerce and 
 Labor. 
 Penalty for Jt shall be the duty of the owners, officers and agents 
 uniawiuuime or of any vcsscl bringing" an alien to the United States to 
 ^^lec.'is. adopt due precautions to prevent the landing of any such 
 
 alien from such vessel at any time or place other than 
 that designated b}^ the immigration officers, and any such 
 owner, officer, agent, or person in charge of such vessel 
 who shall land or permit to land anv^ alien at any time 
 or place other than that designated ]>y the immigration 
 officers, shall be deemed guilty of a misdemeanor, and 
 shall on conviction be punished by a fine for each alien so 
 permitted to land of not less than one hundred nor more 
 than one thousand dollars, or ])y imprisonment for a term 
 not exceeding one year, or by both such tine and impris- 
 onment, and every such alien so landed shall be deemed to 
 be unlawfully in the United States and shall be deported, 
 as provided b}^ law. 
 aiSn* unlawful- ^'^ aliens brought into this countr}^ in violation of law 
 ly brought into shall, if practicable, be immediately sent back to the 
 ^Sec!w^^^^^"' countries whence they respectively came on the vessels 
 bringing them. The cost of their maintenance while on 
 land, as well as the expense of the return of such aliens, 
 shall be borne by the owner or owners of the vessels 
 on which they respectively came; and if any master, 
 person in charge, agent, owner, or consignee of any such 
 vessels shall refuse to receive back on board thereof, or of 
 any other vessel owned by the same interest, such aliens, 
 or shall neglect to detain them thereon, or shall refuse or 
 neglect to return them to the foreign port from which 
 they came, or to pa}" the cost of their maintenance while 
 on land, such master, person in charge, agent, owner, or 
 consignee shall be deemed guilty of a misdemeanor and 
 shall, on conviction, be punished by a line not less than 
 three hundred dollars for each and every such offense; 
 and no vessel shall have clearance from anv port of the 
 United States while any such tine is unpaid: Provided^ 
 That the Commissioner-General of Lnmigration, under 
 the direction or with the approval of the Secretary of 
 Commerce and Labor, may suspend, upon conditions to 
 be prescribed bv the Commissioner-General, the deporta- 
 tion of any alien found to have come under promise or 
 agreement of labor or service of any kind if, in his judg- 
 ment, the testimony of such alien is necessary on behalf 
 of the United States Government in the prosecution of 
 offenders against the provisions of sections four and live 
 of this Act: Provided^ That the cost of maintenance of 
 any person so detained resulting from such suspension of 
 deportation shall be paid from the '' immigrant fund.'' but 
 
BUREAU OF IMMIGRATION 389 
 
 no alioii certified, as provided in section seventeen of this 
 Act. to be sutierinii;" with u loathsome oi- with a dangerous 
 contai^ious disease other than on»>ot" a (|uarantinal)le nature, 
 shall l>e ])erniitted to land foi- medical treatment thereof 
 in the hospitals of the United States. 
 
 Any alien who shall come into the United States in viola- Deportation 
 tion of law, or who shall he found a public charg-c therein, fJJ^fvears^'Jl't'JJ 
 from causes existing" prior to landing, shall be deported '^'■^.j^;"],j^ 
 as hereinafter provided to the country whence he came 
 at any time within two years after arrival at the expense, 
 including one-half of the cost of inland transjjortation to 
 the port of deportation, of the person bringing such alien 
 into the United States, or, if that can not be done, then 
 at the expense of theimmigrant fund referred to in section 
 one of this Act. 
 
 In case the Secretary of Connnerce and Labor shall be^^scoretary of 
 satisfied that an alien has been found in the United States Labor"^ nm "d'e- 
 in violation of this Act he shall cause such alien, within ;:;:,■;*"'"'""''''*"' 
 the period of three years after landing* or entry therein, '"^ccsi. 
 to be tak(Mi into custod}' and returned to the country 
 whence he came, as provided in section twent}' of this 
 Act, or. if that can not be so done, at the expense of the 
 innuigrant fund provided for in section one of this Act; 
 and neglect or refusal on the part of the masters, agents, 
 owners, or consignees of vessels to comph' with the order 
 of the Secretary of Commerce and Labor to take on board, 
 guard safely, and return to the country whence he came 
 any alien ordered to be deported under the provisions of 
 this section shall l)e punished by the imposition of the 
 penalties prescribed in section nineteen of this Act. 
 
 The Connnissioner-General of Immigration, in addition j^PM»jp^^^"[,^om- 
 to such other duties as may by law be assigned to him, n.i of immigra- 
 shall, under the direction of the Secretary of Commerce ^"^c. 22. 
 and Labor, have charge of the administration of all laws 
 relating to the innnigration ot aliens into the United 
 States, and shall have the control, direction, and super- 
 vision of all officers, clerks, and employees appointed 
 thereunder. He shall establish such rules and regulations, 
 prescribe such forms of bonds, reports, entries, and other 
 papers, and shall issue from time to time such instructions, 
 not inconsistent Avith law, as he shall deem best calculated 
 for carrying out the provisions of this Act and for pro- 
 tecting the United States and aliens migrating thereto from 
 fraud and loss, and shall have authority to enter into con- 
 tracts for the support and ridief of such aliens as may fall 
 into distress or need public aid; all under the direction or 
 with the ai)V)ro\al of the Secretary of Connnerce and 
 Labor. And it shall be the duty of the Commissioner- 
 General of Innnigration to detail officers of the innnigra- 
 tion service from time to time as may be necessary, in his 
 judgment, to secure information as to the number of aliens 
 detained in the penal, r(»formatorv, and charitable institu- 
 tions (public and private) of the several States and Terri- 
 tories, the District of Colunil)ia, and other territory of the 
 
890 
 
 BUREAU OF IMMIGRATION 
 
 Commissioners 
 of immigration. 
 
 Sec. 23. 
 
 Immigrant in- 
 spectorfi, etc. 
 
 Appointment 
 an d compensa- 
 tion. 
 
 Sec. U. 
 
 Powers of im- 
 migration offi- 
 cers. 
 
 Boards of s|" 
 cial inquiry. 
 
 Sec. 25 
 
 United States, and to inform tlie ofticer.s of .such institutions 
 of the provisions of law in relation to the deportation of 
 aliens who have become public charoes: /VowVAW, That 
 the Commissioner-General of Inmiiuration may, with the 
 approval of the Secretary of Commerce and I^abor, when- 
 ever in his judgment such action may be necessary to 
 accomplish the purposes of this Act, detail immigration 
 officers for tem[)orary service in foreign countries. 
 
 The duties of the commissioners of immigration shall 
 be of an administrative character, to be prescribed in detail 
 by regulations prepared, under the direction or with the 
 approval of the Secretary of Commerce and Labor. ^ 
 
 Immigrant inspectors and other immigration officers, 
 clerks, and emplo3^ees shall hereafter l)e appointed, and 
 their compensation lixed and raised or decreased from 
 time to time, by the Secretary of Commerce and Labor, 
 upon the recommendation of the Commissioner-General 
 of Inunigration and in accordance with the provisions of 
 the civil-service Act of January sixteenth, eighteen hun- 
 dred and eighty-three: Provided^ That nothing herein 
 contained shall be construed to alter the mode of appoint- 
 ing commissioners of immigration at the several ports 
 of the ITnited States as provided by the sundry civil 
 appropriation Act approved August eighteenth, eighteen 
 hundred and ninet^^-four, ( r the official status of such 
 commissioners heretofore appointed, hnmigi'ation officers 
 shall have power to administer oaths and to take and con- 
 sider testimony touching the right of any alien to enter 
 the United States, and, where such action may be neces- 
 sar}'^, to make a written record of such testimony, and any 
 person to whom such an oath has been administered under 
 the provisions of this Act who shall knowingly or willfully 
 give false testimony or swear to any false statement in an}^ 
 way affecting or in relation to the right of an alien to ad- 
 mission to the United States shall be deemed guilty of 
 perjury and he punish(>d as provided )>y section tifty-three 
 hiuidred and ninety-two. Ignited States Revised Statutes. 
 The decision of any such officer, if favorable to the admis- 
 sion of any alien, shall be su))iect to challenge by any 
 other immigration officer, and such challenge shall operate 
 to take the alien w^hose right to land is so challenged before 
 a ])oard of special inquiry for its investigation. Every 
 alien who may not appear to the examining immigrant 
 inspector at the port of arrival to l)e clearly and ))eyon(l a 
 doubt entitled to land shall be detained for examination in 
 relation thereto l)y a board of special inquiry. 
 
 Such boards of special inquiry shall be appointed by 
 the commissioners of immigration at the various ports of 
 arrival as may be necessary for the prompt cletermi- 
 nation of all cases of aliens detained at such ports under 
 the provisions of law. Such boards shall consist of 
 three members, who shall be selected from such of the 
 innnigrant officials in the service as the CommLssioner- 
 General of Immigration, with the approval of the Sec- 
 
BUREAU OF IMMIGKATION 391 
 
 i-i't:irv of C'oimiu'i'C'c aiul Luhor, slmll fruiii tiiiio to time 
 (IcsioiKilo us (nullified to sorvc on siicli hoai-ds; Prorld, d^ 
 That at ports where there are fewer than three iininio-i-jint 
 iiispet'tors, the Secretary of C'onnnerec and J^abor, upon 
 reeonnnendation of the Conunissioner-CJeneral of Inuni- 
 oration. may desionate other Tnited States offieials for 
 service on sueh hoards of special incjuir}'. Such l)oards 
 shall have authority to determine wh(>ther an alien mIio 
 has been duly Indd shall be allowtnl to land ov be de- 
 ])oited. All hearinu's before boards shall be separate 
 and apart from the pul)lic, but the said boards shall keep 
 C'oini)lele peinianent records of their ])roceedinos and 
 of all such testimony as may ])e produced before them; 
 and the din-ision of any two nuMuber.s of a board shall 
 prevail and l)e final, but either the alien or any dissentino- 
 niend)er of said board may appeal, throuoli the commis- 
 sioner of immigration at the port of arrival and the Com- 
 missioner-General of Immigration, to the Secretary of 
 C'omnieice and Labor, whose decision shall then be tinal; 
 and the taking of such ap])eal shall operate to stay any 
 action in regard to the tinal disposal of the alien whose 
 case is so appealed until the recei])t ])v the commissioner 
 of unmigration at the port of arri\al of such decision. 
 
 No bond or guaranty, written or oral, that an alien botci on be- 
 shall not beccmie a public charge shall be received from '' >4"i6^^'^"- 
 any person, compan\', corporation, charitable or benev- 
 olent societ}' or association unless authority to receive 
 the same shall in each special case be given l)y the Com- 
 missioner-General of Jnnnigration, with the Avritten ap- 
 proval of the Secretary of Commerce and Labor, 
 
 No suit or proceeding for a violation of the pi'ovisions^„ff"',f,™!"*j,,^j[ 
 of this Act shall ])e settled, compromised, or discontinued ';*t ^'nterod of 
 without the consent of the court in which it is pending, n''. ir. 
 entered of record, with the reasons therefor. 
 
 Nothing contained in this Act shall l)e construed to I'loseeution 
 
 a; I. i.- 4.1 J- • • 1 under lormer 
 
 affect any prosecution or other proceeding, criminal or acts, 
 civil, begun under any existing Act or any Acts hereby •''"•-^• 
 amended, ])ut such prosecutions or other i)roceedings, crim- 
 inal or civil, shall proceed as if this Act had not been passed. 
 The circuit and disti-ict courts of the United States are. Courts imv- 
 
 , 1 • 4- 1 -.1 4? 11 1 4- • • ]• 4.- .ing jurisdiction. 
 
 hereby nivested With full and concurrent jurisdiction of sec.^u. 
 all causes, civil and criminal, arising under any of the pro- 
 visions of this Act. 
 After the first dav of January, nineteen hundred and, competition 
 
 , ,, ,.-.,, -^ ' . , . for privileges lit 
 
 three, all exclusive privileges or exchanging money, imniiffmnt sta- 
 transporting passengers or baggage, or keeping eating ">",'.. .^o. 
 houses, and all other like privileges in c-onnection with 
 an}' I'nited States immigration station, shall })e disposed 
 of after publii^ competition, subject to such conditions 
 and limitiitions as the Commi.ssiouer-General of Immigra- 
 tion, under the direction or with the approval of the Sec- 
 retary of Commerce and La])or, mav' prescribe: Provided^ 
 That no intoxicating liquors shall be sold in an}^ such immi- 
 grant station; that all receipts accruing from the disposal 
 
392 BUEEAU OF IMMIGRATION 
 
 of such exclusive privileges as herein provided shall be paid 
 into the United States Treasury to the credit of the inimi- 
 o-rant fund provided for in section one of this Act. 
 jnrisdiftion of Yov the preservation of the peace, and in order that 
 
 state iiiHl munic- tr i ,. • i j_i i i- j_i 
 
 ipai otiiccis and arrests ma}' be made for crmies under the laws of the 
 
 migrantiuuions' States and Territories of the United States where the 
 
 nec.si. various immigrant stations are located, the officers in 
 
 charge of such stations, as occasion may require, shall 
 
 admit therein the proper State and municipal officers 
 
 charged with the enforcement of such laws, and for the 
 
 purposes of this section the jurisdiction of such officers 
 
 and of the local courts shall extend over such stations. 
 
 ^"tf nofaiiens '^^^^ Commissioner-General of Immigration, under the 
 
 along borders of direction or with the approval of the Secretarv of Com- 
 
 Mexicoandcan-j^^^^.^^ and Labor, shall prescribe rules for "the entry 
 
 sec.3'2. g^j^(^ inspection of aliens along the borders of Canada 
 
 and Mexico, so as not to unnecessarily delay, impede, or 
 
 annoy passengers in ordinary travel between the United 
 
 States and said countries, and shall have power to enter 
 
 into contracts with foreign transportation lines for the 
 
 same purpose. 
 
 "UnuVd 'stfteJ^' For the purposes of this act the words '^ United States" 
 
 in this Act. {^g uscd in the title as well as in the various sections of 
 
 this Act shall be construed to mean the United States 
 
 and any waters, territory or other place now sul)ject to 
 
 the jurisdiction thej'eof. 
 
 Deportation of a^\^Q deportation of aliens arrested within the United 
 
 aliens to point ot . t . i -n ii ^i 
 
 embarkation. States after entry and found to be illegali}' therein, pro- 
 sec.35. ^,j^p^^ ^.^^. .j^ ^j-j^ ^^.^^ ^j^.^jj i^g ^^ ^j^p trans-Atlantic 
 
 or trans-Pacitic ports from which said aliens eml)urked 
 for the United States; or, if such embarkation was for for- 
 eign contiguous territory, to the foreign port at which 
 said aliens eml)arked for such territorv. 
 fected.' ""' ''^' AH Acts and parts of Acts inconsistent with this Act 
 Seem. are hereby repealed: Provided^ That this Act shall itot be 
 
 construed to repeal, alter, or amend existing laws relat- 
 ing to the immigration, or exclusion of Chinese persons 
 or persons of Chinese descent. 
 Contagious Whenever an alien shall have taken up his permanent 
 tracted on ijoard residence in this country, and shall have tiled his prelim- 
 ^'sec. 3^ inary declaration to l)ecome a citizen, and thereafter 
 
 shall send for his Avife or minor children to join him, if 
 said wife, or either of said children, shall be found to l)e 
 afi'ected with any contagious disorder, and if it is proved, 
 that said disorder was contracted on board the ship in 
 which they came, and is so certified l)v the examining sur- 
 geon at the port of arrival, such wife or children shall 
 be held, under such regulations as the Secretary of Com- 
 merce and Labor shall prescribe, until it shall be deter- 
 mined whether the disorder will be easily curable, or 
 whether they can be permitted to land without danger to 
 other persons; and they shall not be deported until such 
 facts have been ascertained. 
 
 « Section '.'A irrelevant. 
 
BUREAU OF IMMIGRATION 393 
 
 No person who disbelieves in or who is opposed to all ^j^pp^'^.^"'^^{;*[ 
 orniuii/cd liovtM'iiinent, or who is a nieinl)er of or affili-iriimentnotper- 
 
 i'"~i •,! • i* i. i. • • 1 i. 1 • niitti'(l to enter 
 
 tittnl with any organization ontm'tainino- and teachin<jf cnited states, 
 siu'h dishcliof in or opposition to all oruanized govern- •^'e<"*'*- 
 ment. or who advocates or teaehes the duty, necessity, 
 or propii(>ty of the unlawful assaulting or killing of any 
 otiicer or otHcers, either of specitic individuals or of offi- 
 cers generally, of the Government of the Ignited States or 
 of any other organized government, because of his or 
 their official I'haracter, shall be permitted to enter the 
 Tnited States or any Territory or place subject to the 
 jui-isdietion thereof. This section shall ))e enforced by 
 the Secretary of Commerce and Labor under sucli rules 
 and regulations as he shall prescribe. 
 
 Any person who knowingly aids or assists any such per- Ponaity for 
 son to enter the United States or any Territor}^ or place conspiring to 
 subject to the jurisdiction thereof, or who connives or^bove!'^'^ ^^^^ 
 conspires with any person or persons to allow, procure, 
 or permit any such person to enter therein, except pur- 
 suant to such rules and regulations made by the Secretary 
 of C'onnnerce and Labor, shall be lined not more than five 
 thousand dollars, or imprisoned for not less than one nor 
 more than five ^ears, or both. 
 
 "No person who disbelieves in or who is opposed to all opponents of 
 organized government, or who is a member of or affili- government not 
 ated with any organization entertaining and teaching |!,p,,'^*' miturai- 
 such disbelief in or opposition to all organized govern- *<'• ^'■>- 
 ment, or who advocates or teaches the duty, necessity, or 
 propriety of the unlawful assaulting or killing of any 
 officer or officers, either of specitic individuals or of offi- 
 cers generally, of the Government of the United States 
 or of any other organized government, because of his or 
 their official character, or who has violated any of the pro- 
 visions of this Act, shall be naturalized or l)e made a citL 
 zen of the United States. All courts and tribunals and all 
 judges and officers thereof having jurisdiction of naturali- 
 zation proceedings or duties to perform in regard thereto 
 shall, on the final application for naturalization, make 
 careful iiuiuirv into such matttn's. and before issuing the 
 final order or certificate of naturalization cause to be 
 entered of record the affidavit of the applicant and of his 
 witnesses so far as applica])le, reciting and affirming the 
 truth of evei-y material fact reciuisite for naturalization. 
 All tinal orders and certificates of naturalization hereafter 
 made shall show on their face specifically that said affida- 
 vits were duly made and recorded, and all orders and cer- 
 tificates that fail to show such facts shall be null and void. 
 
 Any p(M'son who purposely ])rocures natunilization injjjjjy"*''-^'^*""^'"' 
 violation of the provisions of this section shall be fined 
 not more than five thousand dollars, or shall be unprisoned 
 not less than one nor more than ten years, or both, and the 
 court in which such conviction is had shall thereupon 
 
 "Section 39 is given here as part of the law as enacted, but its pro- 
 visions are not now ailniiuisttTcd ))>• the Burcan of Iiuniigration. 
 
394 BUREAU OF IMMIGEATION 
 
 adjudgo aiul declare the order or decree und all certifi- 
 cates admitting such person to citizenship null and void. 
 Jurisdiction is hereby conferred on the courts having- 
 jurisdiction of the trial of such otfense to make such 
 adjudication. 
 
 An}" person who knowingly aids, advises, or encourages 
 any such person to apply for or to secure naturalization 
 or to tile the preliminary papers declaring an intent to 
 become a citizen of the United States, or who in any 
 naturalization proceeding knowingly procures or gives 
 false testimony as to au}^ material fact, or who knowingly 
 makes an affidavit false as to any material fact required to 
 be proved in such proceeding, shall be fined not more than 
 five thousand dollars, or imprisoned not less than one nor 
 more than ten years, or both. 
 
 Commissioner- The officc of commissiouer-general of immigration is 
 gration.° ™ hereby created and established, and the President, b}' and 
 
 m'staL,fo85.) ^^i^'^ tiie advice and consent of the Senate, is authorized 
 
 sec.y. ' and directed to appoint such officer, whose salary shall be 
 
 (28 Stat, 780.) four thousand dollars per annum, payable monthh'." The 
 commissioner-general of immigration shall be an officer in 
 the Department of Commerce and Lal)or, vuider the control 
 and supervision of the Secretary of Commerce and Labor, 
 to whom he shall make annual reports in writing of the 
 transactions of his office, together with such special 
 reports, in writing, as the Secretarj^ of Conmierce and 
 Lal)or shall require, and in addition to his other duties, 
 
 To administer yJQj^ii havc charge uudcr the Secretary of Conuiierce and 
 labor laws. Labor of the administration of the alien-contract labor 
 laws. 
 
 Headquarters The Sccrctarv shall provide the commissioner-general 
 servi«^!°'^'""""" with a suitably furnished office in the city of Washington, 
 and with such books of record and facilities for the dis- 
 charge of the duties of his office as may be necessary. He 
 shall have a chief clerk at a salary of two thousand five 
 hundred dollars per annum* * * * [Personnel of 
 Bureau changes from time to time by appropriation acts.] 
 
 To administer Hereafter the Commissioner-General of Innnigration, in 
 Chinese exeiu- ^j^j|.j^j^ ^^ j^j^ ^^jj^^. ^luties, shall have charge of the admin- 
 
 isTskit^^i) istration of the Chinese exclusion law and of the various 
 Acts regulating immigration into the United States, its 
 Territories, and the District of Columbia, under the super- 
 vision and direction of the Secretary of Coiumerce-and 
 Labor. 
 
 sons. 
 
 Excluded per- The following classcs of aliens shall be excluded from 
 'mr.s,mi. admission into the United States, * * * any person 
 IIc.'^l"'''*^'"^ whose ticket or passage is paid for with the money of 
 
 "One thousand dollars additional compensation is allowed in appro- 
 priation acts for administering Chinese exelnsion laws. 
 
 ''Two hnndred and fifty dollars additional compensation is allowed 
 by appropriation acts. 
 
Sit. : 
 
 BUREAU OK IMMIGRATION 895 
 
 aiiotluM" * * * unloss it is alliiiuiitivcly uiid siitist'ao- 
 torily sliowii on sjK>cial iiuiuirv (liiit such ])('rs()ii does not 
 hclonyto '^ * * the class of contract lal>or(M's('xclii(l(Hl 
 Itv the act of February twent\'-sixtli, eighteen lumdrcd and 
 'lohty-tive. 
 
 All contracts or ao-reements, expressed or iiiii)lied, i)arol 'ontrftetiivbor. 
 or spiM'ial, Avhlch may lier(>after l)e made l)v and between i;ssi<ti.,'ss^.) 
 anv person, company, partnership, or corporation, and 
 any foriMunei' or foreiiiiiers. alien or aliens, to perform 
 labor or service or Inning' rcdVrenci* to the ])erformance of 
 labor or service by any person in the United States, its 
 Territories, or the District of Coknnbia, previous to the 
 initiration or importation of the person or persons Avhose 
 labor or service is contracted for into the United States, 
 shall be utterly void and of no etiect. 
 
 [An act to prohibit the imi)ortation and innnioration of rd'.ss.issr. 
 
 ,. '• II- 1 t. 4- i- ^ {^', Slat., /,15.) 
 
 torei»«ners and aliens luider contract or agreement to per- 
 form labor in the United States, the Territories, aiul the 
 District of Columbia,] 
 
 All persons included in the prohibition in this act, upon *'"•*• 
 arrival, shall be sent ])ack to the nations to which the}^ 
 belono' and from whence they came. 
 
 In every case where an alien is excluded from admission Appeni. 
 into the United States luider any law or treaty now exist- 'zs%,it'.. s!>o) 
 iiio- or hereafter made, the decision of the appropriate 
 innnioration officers, if adverse to the admission of such 
 alien, shall be final, imless reversed on appeal to the Sec- 
 retary of Conmierce and Labor. 
 
 Whenever it shall be shown to the satisfaction of the ,„lj'^^^;,f ^^,,'W 
 President that bv reason of the existence of cholera orKrationiorquur- 
 
 .1 . ,. ,. • , . 1- • i-' • i iintine purposes. 
 
 other infectious or contat>ious diseases m a foreign country rcb. u. isux 
 there is serious danger of the introduction of the same into .Ivr T''' ''''"'"' 
 the United States, and that notwithstanding the quarantine 
 defense this danger is so increased b}- the introduction of 
 persons or property from such country that a suspension 
 of the right to introduce the same is demanded in the inter- 
 est of the public health, the President shall have power to 
 prohil)it, in whole or in part, the introduction of persons 
 and ])roperty from such countries or places as he shall 
 designate and for such period of time as he may deem 
 necessary. 
 
 Tht> commissioners of immigration at the several ports commissioners 
 
 1 11 1 . T1 • 1 1 I'll 1 "' I'liinitjratioii. 
 
 shall be appointed by the President, by and with the ad- aikj. is, isul. 
 vice and consent of the Senate, to hold their offices for the ^''^ '-""• ^''■'•^ 
 term of four years, unless sooner removed, and until their 
 successors are appointed. 
 
 All steamship or transportation companies, and other ,j,|^"J^J,'^|'/j|;'J|J,'j:f 
 owners of vessels, reofularlv engaged in transporting alien taii<iii <(.in- 
 inimigrants to the United States, shall twice a year lile a' Mar. s. ma. 
 certihcatc with the Secretary of Commerce and Labor that 1|^ •''^"'- '''"'■'^ 
 
396 BUREAU OF IMMIGRATION 
 
 they have furnished to ))e kept conspicuously exposed to 
 view in the office of each of their agents in foreign coun- 
 tries authorized to sell emigrant tickets, a copy of the law 
 of March third, eighteen hundred and ninety-one, and of 
 all subsequent laws of this countr}^ relative to immigration, 
 printed in large letters, in the language of the country 
 where the copy of the law is to be exposed to view, and 
 that they have instructed their agents to call the attention 
 thereto of persons contemplating emigration before selling- 
 tickets to them; and in case of the failure for sixty days 
 of any such company or any such owners to tile such a cer- 
 tilicate, or in case the}^ tile a false certiticate, they shall pay 
 a tine of not exceeding live hundred dollars, to be recovered 
 in the proper United States court, and said tine shall also 
 be a lien upon any vessel of said company or owners found 
 within the United States. 
 
 BertiHon meas- So much of the amount hereby appropriated as may be 
 
 "1foj\\' J.W.1 necessary shall be available for the establishment and 
 
 (S3 Slat., 1112.) niaintenance of the Bertillon system of identitication at the 
 
 various ports of entry; but this proviso shall not apply 
 
 to persons embraced "in Article Three of the t'-eaty with 
 
 China of eighteen hundred and ninetj^-four. 
 
 LAW PERTAINING TO CHINESE EXCLUSION 
 
 [See sec. 7, act of February 1-1, 1903, page 28.] 
 
 Preamble of Whereas the Government of C^hina, in view of the an- 
 i)ec!8"i894. " tagonism and much deprecat(^d and serious disorders to 
 
 (2s Stat., inu.) yf\^[f,\'^ ii^f, presence of Chinese laborers has given ri.se in 
 certain parts of the United States, desires to pi-ohibit the 
 emigration of such laborer from China to the United 
 States; 
 
 And wiiereas the two Governments desire to cooperate 
 in prohil)iting such emigration, and to strengthen in other 
 ways the bonds of friendship between the two coun- 
 tries; * * * 
 
 peS'Jff Txciu- The High Contracting Parties agree that for a period of 
 sioii. ten vears, beginning with the date of the exchange of the 
 
 Mar. 17, 1891,. ,.n ,. ' '^i ,i • 9i i.- ^.i • 4- 1 . 
 
 [28 Stat., 1210.) ratihcations ot this Convention, the coming, except under 
 Article I. j-jjg conditions hereinafter specified, of Chinese laborers to 
 the United States shall be absolutely prohibited, 
 bo^e/"™ "^ ^^' "^^^ preceding Article shall not apply to the return to 
 Article II. the United States of any registered Chinese laborer who 
 has a lawful wife, child, or parent in the I'nited States, or 
 property therein of the value of one thousand dollars, or 
 debts of like amount due him and pending settlement. 
 -coiKiitions. Nevertheless every such Chinese la])orer shall, before leav- 
 ing' the United States, deposit, as a condition of his return, 
 with the collector of customs of the district from which 
 he departs, a full description in writing of his family, or 
 property, or debts, as aforesaid, and shall be furnished by 
 said collector with such certiticate of his right to return 
 
BUREAU OF IMMIGRATION 3i)7 
 
 iin<l(M' this TriMty as the laws of the riiitod Statos may now 
 or liorcaftor prescribe and not inconsistent with the i)ro- 
 visions of tliis Ti-eaty; and shoidd tiie written (h'scrij)tion 
 aforesaid l)e proved to l)e false, the viuht of icturn there- 
 under, or of continued residence* after ivturn, shall in each 
 case he forfeited. And such rioht of return to the United -liinitmion. 
 States shall he exercised within one year from the date of 
 leaviuii' the United States; but such riyht of retui-n to th-e 
 United States may ))e extended for an additional period, 
 not to exceed on(> year, in cases wIkm'c l)y reason of sickness 
 or other cause of disability beyond his control, such Chinese 
 laborer shall l»e riMidered unal»le sooner to return- -which 
 facts shall be fully reported to thi* Chinese consul at the 
 port of departure, and l)y him certified, to the satisfaction 
 of the collector of the port at which such C'hinesc subject 
 shall land in the Ignited States. And no such Chinese _,.ertiHcate. 
 laboivr shall be permitted to enter the United States bj' 
 land or sea without producinii" to the proper officer of the 
 customs the return certiticate herein required. 
 
 The pi'ovisions of this Coin'ention shall not affect the '" civile ged 
 riii'ht at present enjoyed of Chinese sul)jects, ])eing- officials, Article iii. 
 teachers. studiMits, merchants or travellers for curiosity or 
 pleasure. l)ut not laborers, of coming- to the United States 
 and residino- therein. To entitle such Chinese subjects as ccrtiticates. 
 are above described to admission into the United States, 
 they ma}' produce a certiticate from their Government or 
 the Ciovernment where they last resided viseed by the diplo- 
 matic or consular representative of the United States in 
 the country or port whence they depart. 
 
 It is also agreed that Chinese laliorers shall continue to Transit of la- 
 enjoy the privilege of transit across the territory of theTOunu-y"*^'^"''^ 
 United States in the course of their journey to or from 
 other countries subject to such regulations by the Govern- 
 ment of the United States as may be necessary to prevent 
 said privilege of transit from being abused. 
 
 In pursuance of Article ill of the Immigration Treat}' iirotwtion of 
 between the United States and China, signed at Peking on *^''"jt^ieie iv. 
 the 17th day of November, ISSO (the 1.5th day of the tenth 
 month of Kwanghsii, sixth year), it is hereby understood 
 and agreed that Chinese laborers or Chinese of any other 
 class, either permanently or temporarily residing in the 
 United States, shall have for the protection of their per- 
 sons and property all rights that are given by the laws of 
 the United States to citizens of the most favored nation, 
 excepting the right to become naturalized citizens. And 
 the (iovernment of the United States reaffirms its obliga- 
 tion, as stated in said Article III, to exert all its power to 
 secure protection to the persons and property of all Chinese 
 subjects in the United States. 
 
 The (Tovernment of the United States, having bv an Registration of 
 Act of the Congress, approved May 5, lSi)2, as amended^.'^^;'^'^"' ''''^•''■ 
 by an Act approved November 3, 1898, re(iuired all Chi- Article v. 
 nese laborers lawfully within the limits of the United 
 States before the passage of the first-named Act to be reg- 
 istered as in said Acts provided, with a view of aflording 
 
398 BUREAU OF IMMIGRATION 
 
 them better protection, 'the Chinese Government will not 
 object to the enforcement of such acts, and reciprocally the 
 Government of tlie United States recognizes the ri^ht of 
 the Government of China to enact and enforce similar 
 laws or regulations for the reg-istration, free of charge, of 
 all laborers, skilled or unskilled (not merchants as defined 
 b}' said Acts of Congress), citizens of the United States 
 in China, whether residing within or without the treat}'" 
 ports. 
 Ri^'P"rt« '<> be And the Government of the United States agrees that 
 nese* Govern- within twelve months from the date of the exchange of 
 ™®"^- the ratifications of this Convention, and annually, there- 
 
 after, it will furnish to the Government of C-hina regis- 
 ters or reports showing the full name, age, occupation, 
 and number or place of residence of all other citizens of 
 the United States, including missionaries, residing both 
 within and without the treaty ports of China, not includ- 
 ing, however, diplomatic and other officers of the United 
 States residing or traveling in China upon official business, 
 together with their body and household servants. 
 ri(Kio7ex*dusfioit '^^^^^ Convention shall remain in force for a period of ten 
 Article VI. vcars beginning with the date of the exchange of ratitica- 
 tions, and if six months before the expiration of the said 
 period of ten years neither Government shall have form- 
 ally given notice of its final termination to the other, it 
 shall remain in full force for another like period of ten years. 
 In faith whereof, we, the respective plenipotentiaries, 
 have signed this Convention and have hereunto affixed our 
 seals. 
 
 Done, in duplicate, at Washington, the 17th dav of March, 
 A. D. 1894. 
 
 Walter Q. Gresham [seal.] 
 (Chinese Signature) [seal.] 
 
 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 7th da}^ 
 of December, one thousand eight hundred and ninety -four: 
 Now, therefore, be it known that I, Grover CLE^-ELAND, 
 President of the United States of America, have caused 
 the said Convention to be made public, to the cvxi 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 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 Sth day of 
 
 December, in the year of our Lord, one thousand 
 
 [seal.] eight hundi'ed and ninety-four, and of the ] nde- 
 
 pendence of the United States the one hundred 
 
 and nineteenth. 
 
 Grover Clevp:lani). 
 B}' the President: 
 W. Q. Gresham, 
 
 Secretary of State. 
 
lUiRKAU OK IMMIOKATION 8UV> 
 
 All l:i\\s MOW in force prohihitino- aiul reguhitino- tlu^j,„',','"^'^.^,J,','J,'iJJ^; 
 coiniiii^' ot" Chiiiosi' persons, juid persons of Chinese de- <;iiino.st- nsi- 
 sciMit, into the United Stiites, und tlie ivsidenee of such' *^'i%*-";.';y. 7.v„,'. 
 persons therein, inchidin»i' sections tive, six, seven, ci^^ht, [f^.'^l"'-' ^'''-^ 
 nine, ten, t>leven. thirteen, and fourte(Mi of th(» Act entitled 
 "An Act to ])rohil>it the coniiny" of Chinese ial)orers into the 
 Cnitetl States" approved Si'})tenil)er thirtciMith, eit^hteen 
 hundred and (>ioht\-eiuht. l>e. and the same are hereby, 
 re-enacted, extended, and continued so far as the same arc 
 not inconsistent Avith treaty oblij^ations, until otherwise 
 provided 1)V hiw, and said laws sliall also apply to the is- 
 land territory under the jurisdiction of the United States, 
 and prohibit the immioration of Chinese laI)orers, not citi- 
 zens of the Cnitetl States, from such ishind territorv to 
 tlu' maiidand territory of the United States, Avhether in 
 such island tt'rritory at th(^ time of cession or not, and 
 from oni^ portion of the island territory of the United 
 States to another portion of said island territorv : Provided^ 
 lunct-rer, That said laws shall not apply to the transit of 
 Chinese laborers from one island to another island of the 
 same ^"roup; and any islands within the jurisdiction of any 
 State or the District of Alaska shall be considered a part 
 of the mainland under this section. 
 
 The S(H-retary of Commerce and Labor is hereby author- agen'ti.'^ "^ '^ " "^ 
 ized and empowered to make and prescribe, and from time Sec.2. 
 to time to chanue, such rules and regulations not incon- 
 sistent with the laws of the land as he may deem necessary 
 and proper to execute the provisions of this Act and of 
 the Acts hereby extended and continued and of the treaty 
 of r)eceml)er eighth, eighteen hundred and ninety-four, be- 
 tween the United States and China, and with the approval 
 of the President to appoint such agents as he may deem 
 necessarv for the efficient execution of said treatv and said 
 Acts. 
 
 Nothing in the provisions of this Act or anv other Act Expositions, 
 
 , ,, , • , i J 1 • 1' J • i_* !• • attendance up- 
 
 snall be construed to prevent, hinder, or restrict any foreign on. 
 exhibitor, representative, or citizen of any foreign nation, ^'^■^' 
 or the holder, w ho is a citizen of any foreign nation, of 
 any concession or privilege from any fair or exposition 
 authorized bv Act of Congress from bringing into the 
 United States, under contract, such mechanics, artisans, 
 agents, or other employees, natives of their respective for- 
 eign countries, as they or any of them may deem necessary 
 for the purpos(> of making })reparation for installing or 
 conducting their exhil)its or of preparing for installing or 
 conducting any })usiness authorized or permitted under 
 or l)y virtue of or pertaining to any concession or privilege 
 which may have been or may be granted by any said fair 
 or exposition in connection with such exposition, under 
 such rules and regulations as the Secretary of Commerce 
 and Labor may prescribe, both as to the admission and 
 return of such person or persons. 
 
 It shall, be the duty of every Chinese laborer, other than, certincntionof 
 u citizen, rightfully in, and entitled to remain in any of "^•«^T 
 
400 BUKEAU OB^ IMMIGRATION 
 
 the insular territory of the United States (Hawaii excepted) 
 at the time of the passage of this Act, to obtain within 
 one 3'ear thereafter a certificate of residence in the insular 
 territory wherein he resides, which <-ertiticate shall entitle 
 him to residence therein, and upon failure to obtain such 
 certiticate as herein provided he shall be deported from 
 Registrationin such insular territory; and the Philippine Conunission is 
 Mar^^s^im. authorized and required to make all regulations and pro- 
 sfcs!Y3s!^^^'^ visions necessary for the enforcement of this section in 
 the Philippine Islands, including the form and substance 
 of the certificate of residence so that the same shall clearlv 
 and sufficiently identify the holder thereof and enable offi- 
 cials to prevent fraud in the transfer of the same: J^ro- 
 vkled, /u)/revei\ That if said Philippine Conmiission shall 
 find that it is impossible to complete the registration herein 
 provided for within one year from the passage of this Act, 
 said Commission is hereby authorized and empowered to 
 extend the time for such registration for a further period 
 not exceeding one year. 
 Deportation. Any Chinese person or person of Chinese descent, when 
 (I? sfo/f?^".) convicted and adjudged under any of said laws to be not 
 sec.2. lawfully entitled to be or remain in the United States, shall 
 
 be removed from the United States to China, unless he or 
 they shall make it appear to the justice, judge, or commis- 
 sioner before whom he or they are tried that he or they are 
 subjects or citizens of some other country, in which case he 
 or the}^ shall be removed from the United States to such 
 country: Provided., That in any case where such other 
 country of which such Chinese person shall claim to l)e a 
 citizen or subject shall demand any tax as a condition of 
 the removal of such person to that country, he or she 
 shall be removed to China. 
 *c- 5. Any Chinese person or person of Chinese descent arrested 
 
 under the provisions of this act or the acts hereby extended 
 shall be adjudged to be unlawfully Avithin the United States 
 unless such person shall establish, by affirmative proof , to 
 the satisfaction of such justice, judge, or commissioner, his 
 lawful right to remain in the United States. 
 Seek. ^' Any such Chinese person or person of Chinese descent 
 
 convicted and adjudged to l>e not lawfully entitled to l^eor 
 remain in the United States shall lie imprisoned at hard 
 labor for a period of not exceeding one year and thereafter 
 removed from the ITnited States, as hereinbefore provided. 
 Hec. 5. After the passage of this act on an application to any 
 
 judge or court of the United States in the first instance for 
 a writ of habeas corpus, by a Chinese person seeking to 
 land in the United States, to whom that privilege has been 
 denied, no bail shall be allowed, and such application shall 
 l)e heard and determined promptly without unnecessary 
 delay. 
 
 «Sec. 4 was declared uiu'onstitutional in case of Wong Wing v. 
 United States, 163 U. S., 228. 
 
BUREAU OF IMMIORATION 401 
 
 It shall bo the dutv of all Chinese lalK)ivrs within tho , f'rtiiicationof 
 Innits ot the rnitoa States wlio were entitled to reinani m >'<•. «. 
 the Ignited States before the passa.oe of the aet to wliieh,,, ww.'"'"' '"'■ 
 this is an amendment to apply to the eollector of internal '^I'^'l"'"''^ 
 revenue of their respective districts within six months 
 after the passage of this act for a ccrtiticate of residence; 
 and any Chinese laborer within the limits of the United 
 States who shall ne<>loct, fail, or refuse to comply with the 
 provisions of this act and the act to which this is an amend- 
 ment, or who, after the expiration of said six months, shall 
 be found within the jurisdiction of the United States with- 
 out such certificate of i-(\sidence, shall be deemed and 
 adjudo'ed to be unlawfully within the United States, and 
 may be arrested by any such officers under the control of 
 the Commissioner-Cireneral of Immigration, as the Secre- 
 tiiry of Commerce and Labor may desionate," United States 
 marshal or his deputies, and taken before a United 
 States judcro, whose duty it shall be to order that he be 
 deported from the United States, as provided in this aet 
 and in the act to which this is an amendment, unless he 
 shall establish clearly to the satisfaction of said judge 
 that by reason of accident, sickness, or other unavoidable 
 cause he has been unable to pi'ocure his certificate, and to 
 the satisfaction of said L'nited States judge, and by at 
 least one credible witness other than Chinese, that he was 
 a resident of the United States on the fifth of May, eight- 
 een hundred and ninety-two; and if, upon the hearing, it 
 shall appear that he is so entitled to a certificate, it shall 
 be granted upon his pacing the cost. Should it appear 
 that said Chinaman had procured a certificate which has 
 been lost or destroyed, he shall be detained and judgment 
 suspended a reasonable time to enfible him to procure a 
 duplicate from tluM)thcer granting it. and in such cases the 
 cost of said arrest and trial shall l)e in the discretion of the 
 court; and any Chinese person, other than a Chinese 
 laborer, having a right to be and remain in the United 
 States, desiring such certificate as evidence of such right, 
 may apply foi- and receive the saiue without chai'ge; and 
 that no proceedings for a violation of the provisions of said 
 section six of said act of May tifth, eighteen hundred and 
 ninety-two, as oiiginally enacted, shall hereafter l)e insti- 
 tuted, and that all pi'oceedings for said violation now pend- 
 ing are herei)y discontinued: Pi'orhhtl^ That no Chinese 
 person heretofore convicted in any court of the States or 
 Territories or of the United States of a felony shall be per- 
 mitted to register under the provisions of this act; but all 
 such persons who ar(^ now subject to deportation for failure 
 or refusal to comply with the act to which this is an amend- 
 ment shall be deported from the l'nited States as in said 
 act and in- this act pi'ovided, upon any approi)iiate pro- 
 ceedings now pending or which may be hereafter instituted. 
 
 " Departnieiit circular Xo. 5, July 27, 1903, devolves this duty upon 
 certain immigration ofllcers. (See 'Act of Feb. 14, 1903, sec. 7, page 28. ) 
 
 27628—04 26 
 
402 
 
 BUREAU OF IMMIGRATION" 
 
 "Laborer." 
 Xoi'. 3, 1893. 
 (28 Stat., 8.) 
 Sec. 2. 
 
 'Merchant. 
 
 Order of depor- 
 tation. 
 
 Photograph. 
 
 Regulations. 
 
 Mail 5, 1892. 
 (•27 Siat., 26.) 
 Sec. 7. 
 
 The words "laborer" or "laborers," wherever used in 
 this act, or in the act to which this is an amendment, shall 
 be construed to mean both skilled and unskilled manual 
 laborers, including Chinese emplo3"ed in mining, fishing, 
 huckstering, peddling, laundr^mien, or those engaged in 
 taking, drying or otherwise preserving shell or other tish 
 for home consumption or exportation. 
 
 The term "merchant", as employed herein and in the 
 acts of which this is amendatory, shall have the following 
 meaning and none other: A merchant is a person engaged 
 in bu3'ing and selling merchandise, at a fixed place of busi- 
 ness, which business is conducted in his name, and who 
 during the time he claims to be engaged as a merchant, 
 does not engage in the performance of any manual labor, 
 except such as is necessary in the conduct of his business 
 as such merchant. 
 
 Where an application is made by a Chinaman for entrance 
 into the United States on the ground that he was formerly 
 engaged in this countr}- as a merchant, he shall establish 
 by the testimony of two credible witnesses other than 
 Chinese the fact that he conducted such business as here- 
 inbefore defined for at least one yenv before his departure 
 from the United States, and that during such year he Avas 
 not engaged in the performance of any manual labor, 
 except such as was necessary in the conduct of his busi- 
 ness as such merchant, and in default of such proof shall 
 be refused landing. 
 
 Such order of deportation shall ])e executed 1>3' the 
 United States Marshal of the district within which such 
 order is made, and he shall execute the same with all con- 
 venient dispatch; and pending the execution of such order 
 .such Chinese person shall remain in the custody of the 
 United States Marshal, and shall not be admitted to bail. 
 
 The certificate herein provided for shall contain the 
 photograph of the applicant, together Avith his name, 
 local residence and occupation, and a copy of such certi- 
 ficate, with a duplicate of such photograph attached, shall 
 be filed in the office of such officers under the control of 
 the Commissioner-(ileneral of Immigration as the Secre- 
 tary of Commerce and Lalior may designate of the district 
 in which such Chinaman makes application. 
 
 Such photographs in duplicate shall l)e furnished by each 
 applicant in such form as may be prescribed by the Secre- 
 tar}' of Commerce and Labor. 
 
 The Secretary of Commerce and Labor shall make such 
 rules and regulations as may be necessary for the efficient 
 execution of this act, and shall prcscri])e the necessary 
 forms and furnish the necessary blanks to enable such 
 oflficers under the control of the Commissioner-General of 
 Immigration as the Secretary of Commerce and Labor 
 may designate to issue the certificates required hereby, 
 and make such provisions that certificates ma}' be pro- 
 cured in localities convenient to the applicant. Such cer- 
 
BURKATT (»K IMMIOKATION 408 
 
 titicatos shiill ho issued Avithout cliai-u-o to the iipi)lic:iiit, 
 iiiul .'^liiill contain tlio nanio, aj^-e, local residence and occu- 
 pation of the applicant, and .such other description of the 
 appiieant as shall bo prescribed b}- the Secretar}- of Com- 
 merce and Labor, and a duplicate thereof shall be tiled in 
 the ofKcc of .such ofticers under the control of the C'om- 
 missioner-Oeneral of Inuuio-ratiou as the Secretary of 
 C'onnnerce and Labor may desioiiate for the district within 
 which such Chinaman makes ai)plication. 
 
 Any person who shall knowinolv and falsely alter or i''<'rK<«i wnui 
 sut)stitute any naiue for the namt^ written in such certili- 'sc'r.s. 
 cate or forji'e such certiticate, or knowingly utter any 
 foro-ed or fraudulent certificate, or falsely personate an}' 
 per.son named in such certificate, shall be g'uilty of a mis- 
 demeanor, and upon conviction tiiereof shall be fined in a 
 sum not exce(Hling" one thousand dollars or imprisoiunl in 
 the penitentiary for a term of not mor(> than five years. 
 
 Collectors of internal reveiuie shall not receive any fee Fees not ni- 
 or other compensation for the registration and issuance "dw.>, is:i.j. 
 of certificates of residence to Chinese laborers who arc ^E.^'^''im'^ 
 entitled to remain in the L^nited States under the provi- {2skat.,5si.) 
 sions of the said laws. 
 
 It shall l)e lawful for the district attorney of the district ^/'^f^'wo/. 
 in which any Chinese person may l)e arrested for beinj>- {si kut., luus.) 
 found unlawfully within the United States, or having- un- 
 lawfully entered the United States, to designate the I'uited 
 States conmiissioner within such district before whom such 
 Chinese person shall be taken for hearing. 
 
 A United States conmiissioner .shall be entitled to *''~- 
 receive a fee of five dollars for hearing and deciding a 
 case arising under the Chinese-exclusion laws. 
 
 No warrant of arrest for violations of the Chinese- *<"-5- 
 exclusion laws shall lie issued by United States commis- 
 sioners excepting upon the sworn complaint of a United 
 States district attorney, assistant United t^tates district 
 attorney, such officers under the control of the Commis- 
 sioner-General of Immigration as the Secretary of Com- 
 merce and Labor may designate. United States marshal, 
 or deputy United States marshal, or Chinese inspector, 
 unless the issuing of such warrant of arrest shall tirst be 
 ap])roved or requested in writing by the United States 
 district attorney of the di.strict in which i.ssued. 
 
 From and after the passage of this act, no Chinese Return of la- 
 lal)orer in the L'nited States shall be permitted, after hav- '%epi is, isss. 
 ing left, to return thereto, except under the conditions ^1*5"'"' *^^"^ 
 stated in the following sections. 
 
 No Chinese laborer within the purview of the preceding •'^'"■- «• 
 section shall be permitted to return to the United States 
 uidcss he has a lawful wife, child, or parent in the United 
 States, or projiertv therein of tlu> value of one thousand 
 dollars, or debts of like amount du(^ him and pending set- 
 tlement. The marriage to such wife must have taken ])lace 
 at least a year prior to the application of the laborer for 
 
404 BUREAU OF IMMIGRATION 
 
 a permit to return to the United States, and must have 
 y)een followed ])v the continuous cohabitation of the right 
 parties as man and wife. If the right to return be claimed 
 on the ground of propert}' or of debts, it must appear that 
 the property is bona fide and not colorably acquired for 
 the purpose of evading this act, or that the del)ts are unas- 
 certained and unsettled, and not promissory notes or other 
 similar acknowledgements of ascertained liability. 
 
 laontificatiou ^ Chinese person claiming the right to be permitted to 
 borlr."'^""^^ ^ leave the United States and return thereto on any of the 
 
 Sec. 7. grounds stated in the foregoing section, shall appl}^ to such 
 
 officer under the control of the Commissioner-(7eneral of 
 Inmiigration as the Secretary of Commerce and Labor may 
 designate of the district from which he wishes to depart 
 at least a month prior to the time of his departure, and 
 shall make on oath before the said officer a full statement 
 descriptive of his family, or property, or debts, as the case 
 may be, and shall furnish to said officer such proofs of the 
 facts entitling him to return as shall be required by the 
 rules and regulations prescril)ed from time to time by 
 the Secretary of Connnerce and Lal)or, and for any false 
 swearing in relation thereto he shall incui* the penalties of 
 perjur}". He shall also permit such officer to take a full 
 description of his person, which description such officer 
 shall retain and mark with a number. 
 return"'*'^ °^ And if such officcr under the control of the Commis- 
 sioner-General of Immigration as the Secretary of Com- 
 merce and Labor may designate, after hearing the proofs 
 and investigating all the circumstances of the case, shall 
 decide to issue a certificate of return, he shall at such time, 
 and place as he may designate, sign and give to the person 
 applying a certificate containing the number of the de- 
 scription last aforesaid, which shall be the sole evidence 
 given to such person of his right to return. If this last 
 named certificate be transferred, it shall become void, and 
 the person to whom it was given shall forfeit his right to 
 return to the United States. 
 
 The right to return under the said certificate shall be 
 limited to one year; Init it may be extended for an addi- 
 tional period, not to exceed a year, in cases where, 1)y rea- 
 son of sickness or other cause of disability beyond his 
 control, the holder thereof shall be rendered unable sooner 
 to return, which facts shall be fully reported to and inves- 
 tigated by the consular representative of the United States 
 at the port or place from which such laborer departs for 
 the United States, and certified by such representative of 
 the United States to the satisfaction of such officers under 
 the control of the Commissioner-Ceneral of Innnigration 
 as the Secretary of Connnerce and Labor may designate 
 at the port W'here such Chinese person shall seek to land 
 in the United States, such certi=ficate to be delivered by 
 said representative to th(^ master of the vessel on which 
 he departs for the United States. 
 
BUREAU OF IMMIGRATION 405 
 
 And no Chinoso hil)i)rcr sliall he peiniitti'd to ro-entci- the 
 rnitod States without ])rodu('ino- to siu-h otticcr under the 
 control of the C'oniniis.sioner-CJeiieral of Innniiiratiou as 
 the iSoeretary of C'onnnoroe and Labor may desionate at 
 tho port of sueh entry the return eertitieate lierein required. 
 A C'hines(> hihorer possessiuo- a etM-titicate under this sec- 
 tion siiall l)c admitted to the United States only at the port 
 from which he departed therefrom, and no Chinese j)ersoh, 
 except C'hini^se dipk)matic or consuhir officers, and their 
 attendants, shall be p(>rmitted to enter the United States 
 except at the ports of San Francisco, Portland, Oregon, 
 Boston, New York, New Orleans, Port Townseud, or sucn 
 other ports as may be desig-nated bj'' the Secretar}' of 
 Conunercc and Labor. 
 
 The Secretary of Commerce and Labor shall be, and he KeKnbitions 
 hereby is. authorized and empowered to make and pre- ""syr.""'"^' 
 scribe, and from time to time to chang'e and amend such 
 rules and regulations, not in conflict with this act, as he 
 may tleem necessary and proper to convenienth' secure to 
 such Chinese persons as are provided for in articles second 
 and third of the said treat}" between the United States and 
 the Empire of China, the rights therein mentioned, and 
 such as shall also protect the United States against the 
 coming and transit of persons not entitled to the benefit 
 of the provisions of said articles. 
 
 And he is hereby further authorized and empowered to 
 prescribe the form and substance of certiticates to be is- 
 sued to Chinese laborers under and in pursuance of the 
 provisions of said articles, and prescribe the form of the 
 record of such certificate and of the proceedings for issu- 
 ing the same, and he may require the deposit, as a part of 
 such record, of the photograph of the party to whom any 
 such certificate shall be issued. 
 
 Tiie master of any vessel wdio shall knowingly bj-ing . Master imid- 
 within the United States on sirch vessel, and land, or '"sec. y.'"^'^*^' 
 attempt to land, or permit to be landed any Chinese laborer 
 or other Cldnese person, in contravention of the provisions 
 of this act, shall be deemed guilty of a misdemeanor and, 
 on conviction thereof, shall be puiushed with a tine of not 
 less than five hundred dollars nor more than one thousand 
 dollars, in the discretion of the court, for every Chinese 
 lal)orer or other Chinese person so ])rought, and ma}^ also 
 be imprisoned for a term of not less than one year, nor 
 more than five years, in the discretion of the court. 
 
 The foregoing section shall not apply to the case of any *'^- ^^• 
 master whose vessel shall come within the jurisdiction of 
 the United States in distress or under stress of weather, or 
 touching at any port of the United States on its voyage to 
 any foreign port or place. But Chinese laborer.^ or persons 
 on such vessels shall not l)e permitted to land, except in 
 case of necessity, and must depart with the vessel on leav- 
 ing port. 
 
 Any person who shall knowingly and falsely alter or sub- Jorgingcertifi- 
 stitute any name for th(» name written in anv certificate scc.n. 
 
406 
 
 BUREAU OF IMMIGEATION 
 
 Deportation. 
 ,Sec. :.-;. 
 
 Procedure. 
 
 herein required, or forge .such certilicate, or knowing'ly 
 utter an}" forged or fraudulent eertifieate, or falsel}- per- 
 sonate any person named in an}" such certiticate, and any 
 person other than the one to whom a certificate was issued 
 who shall falsely present any such certiticate, shall be 
 deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be fined in a sum not exceeding one thousand 
 dollars, and imprisoned in a penitentiary for a term of not 
 more than five years. 
 
 Any Chinese person, or person of Chinese descent, found 
 unlawfully in the United States, or its Territories, may be 
 arrested upon a warrant issued upon a complaint, under 
 oath, filed by any party on behalf of the United States, by 
 any justice, judge, or commissioner of any United States 
 court, returnable l^efore any justice, judge, or commis- 
 sioner of a United States court, or before any United States 
 court, and when convicted, upon a hearing, and found and 
 adjudged to be one not lawfully entitled to be or remain in 
 the United States, such person shall be removed from the 
 United States to the country whence he came. 
 
 But any such Chinese person convicted before a commis- 
 sioner of a United States court may, within ten days from 
 such conviction, appeal to the judge of the district court 
 for the district. 
 
 A certified copy of the judgment shall be the process 
 upon which said removal shall be made, and it may be 
 executed l>vthe marshal of the district, or any officer hav- 
 ing authority of a marshal under the provisions of this 
 section. 
 
 And in all such cases the person who brought or aided 
 in 1)rlnging such person into the United States .shall be 
 liable to the Government of the United States for all neces- 
 sary expenses incurred in such investigation and removal; 
 and all peace officers of the several States and Territories 
 of the United States are hereby invested with the same 
 authority in reference to carrying out the provisions of this 
 act, as a marshal or deputy mar.shal of the United States, 
 and shall be entitled to like compensation, to be audited 
 and paid by the same officers. 
 
 The preceding sections shall not apply to Chinese diplo- 
 ■""matic or consular officers or their attendants, who shall be 
 admitted to the United States under special instructions 
 of the Department of Commerce and Labor, without pro- 
 duction of other evidence than that of personal identity. 
 Chinese ex- Froui and after the passage of this act, and until the 
 ^ "/cu/ff, 1S82. expiration of ten years next after the passage of this act, 
 i^ifX'amnid- th© comiug of Chinese laljorers to the United States l)e, and 
 edJidys, issi.. the Same is hereby, suspended, and during such suspension 
 it shall not be lawful for any Chinese laborer to come from 
 any foreign port or place, or having so come to remain 
 within the United vStates. 
 master's''''^ "^ The master of any vessel who shall knowingly bring 
 si'c.s.asavicnd- within the United States on such vessel, and land, or attempt 
 ^^sstat/m.) to land, or permit to be landed any Chinese laborer, from 
 
 Diplomatic of 
 flcer.s and 
 suls. 
 
 Sec. lU. 
 
 (2SiStat. 115.) 
 
BUREAIT OF IMMIGKATION 4U7 
 
 any foivion port or i)l;u-o, shall ho (Uhm)khI ouiUy of a 
 inisdonieaMor. and on convirtion tluMvof shall he punished 
 hy a Hne of not more than IInc hundrod dollars for each 
 and every siuli Chinese laborer so hrout,'iit, and nia\' also 
 he inii)risoned for a term not exeeedin^- one yeai-. 
 
 In order to tiie faithful exeeution of the i)ro\isions of this . ocrtincnio of 
 aet, every v Iniu'se person. otlKn- than a laborer, who may sn:i;,„x,u„<i,<i- 
 he entitled l)y said treaty or this aet to eome within tlii' ''[fs^aLnf.) 
 Tnited States, and who shall l)e about to eome to the 
 L'nited States, shall ol)tain the permission of and be iden- 
 titied as so entitled by the Chinese Government, or of such 
 other foreion Government of which at the time such 
 Chinese person shall be a su))jeet, in each ease to l)e evi- 
 deneed ])V a eertiHcate issued l)v such Government, which 
 certitieate shall l)e in tlu^ En>ilish lano-ua>>'e, and shall show 
 such permission, with the name of the permitted pei'son in 
 his or her })ropei' siuiiature, and which eertiticate shall 
 state the individual, family, and tribal name in full, title 
 or ofHeial rank, if any, the ag'e, height, and all physical 
 peeuliariti(vs, former and present occupation or profession, 
 when and where and how long- pursued, and place of resi- 
 dence of the person to whom the certificate is issued, and 
 that such person is entitled bv this act to come within the 
 United States. 
 
 If the person so applyino- for a certificate shall be a mer- 
 chant, said eertiticate shall, in addition to al)ove recpiire- 
 ments, state the nature, charaeter, and estimated value of 
 the business carried on by him prior to and at the time of 
 his application as aforesaid: 
 
 Pronded, That nothing- in this act nor in said treat}^ shall " ^lerciiiuit." 
 be construed as embracing- w'ithin the meaning" of the word 
 "merehant." hucksters, peddlers, or those engaged in tak- 
 ing, drying, or otherwise preserving shell or other fish for 
 home consumption or exportation. 
 
 If the certihcate l)e sought for the purpose of travel for Tourists. 
 curiosity, it shall also state whether the applicant intends 
 to pass through or travel within the United States, together 
 with his hnancial standing in the country from w hich such 
 certificate is desired. 
 
 The certificate pi'ovided for in this act, and the identity 
 of the person named therein shall, before such person goes 
 on board anv vessel to proceed to the United States, be 
 vised by the endorsement of the diplomatic representative 
 of the United States in the foreign country from which said 
 eertiticate issues, or of the consular representative of the 
 United States at the poit or place from which the person 
 named in the certificate is about to depart; and such diplo- 
 matic representative or consular representative whose i>i- 
 dorsement is so recpiired is hereby empowered, and it shall 
 be his dut}', before indorsing such certificate as aforesaid, 
 to examine into the truth of the statement set forth in 
 said certificate, and if he shall find u[)on (\\amination that 
 said or any of the statements therein contained are untrue 
 it shall be his dutv to refuse to indorse the same. 
 
408 BUKEAU OF IMMIGKATION 
 
 Such certificate vised as aforesaid shall be prinui facie evi- 
 dence of the facts set forth therein, and shall be produced 
 to such officer under the control of the Commissioner- 
 General of Immigration as the Secretary of Commerce 
 and Labor may designate of the port in the district in the 
 United States at which the person named therein shall 
 arrive, and afterward produced to the proper authorities 
 of the United States whenever lawfully demanded, and 
 shall be the sole evidence permissible on the part of the per- 
 son so producing the same to establish a right of entry into 
 the United States; but said certificate may be controverted 
 and the facts therein stated disproved by the United States 
 authorities. 
 
 Forging certif- Any person who shall knowingl}' and falsel}' alter or sub- 
 
 sec. 7. stitute any name for the name written in such certificate or 
 
 forge any such certificate, or knowingl}' utter any forged 
 or fraudulent certificate, or falsely personate any person 
 named in any such certificate, shall be deemed guilty of a 
 misdemeanor; and upon conviction thereof shall be fined 
 in a sum not exceeding one thousand dollars, and impris- 
 oned in a penitentiary for a term of not more than five years. 
 
 Passenger list. The master of any vessel arriving in the United States 
 eajuiy5^im.'^''iYom any foreign port or place shall, at the same time he 
 
 (^sstauw.) delivers a manifest of the cargo, and if there l)e no cargo, 
 then at the time of making a report of the entry of the 
 vessel pursuant to law, in addition to the other matter 
 required to be reported, and before landing, or permitting 
 to land, any Cliinese passengers, deliver and report to such 
 officer under the control of the Commissioner-General of 
 Inunigration as the Secretary of Connnerce and Lat)or 
 may designate of the district in which such vessels shall 
 have arrived a separate list of all Chinese passengers 
 taken on board his vessel at any foreign port or yjlace, and 
 all such passengers on board the vessel at that time. 
 
 Such list shall show the names of such passengers (and 
 if accredited officers of the Chinese or of any other foreign 
 Government, traveling on the business of that Govern- 
 ment, or their servants, with a note of such facts), and the 
 names and other particulars as shown ])y their respective 
 certificates; and such list shall be sworn to by the master 
 in the manner required by law in relation to the manifest 
 of the cargo. 
 
 Any refusal or wilful neglect of any such master to com- 
 ply with the provisions of this section shall incur the same 
 penalties and forfeiture as are provided for a refusal or 
 neglect to report and deliver a manifest of the cargo. 
 
 Before any Chinese passengers are landed from any such 
 vessel such oflScers under the control of the Commissioner- 
 General of Immigration as the Secretary of Commerce 
 and Labor may designate shall proceed to examine such 
 passengers, comparing the certificates with the list and 
 with the passengers; and no passenger shall be allowed to 
 land in the United States from such vessel in violation of law. 
 
 Sec. 9. 
 
BUREAU OF IMMIGRATION 409 
 
 Evcrv vossol whose master shall kiiowiiiolv violate aiiv of •^v;w,asa/«oK<- 
 1 ■ ■ • i- ii • i I II I I 1 ;■ <• • 1 • 1 <d Jitiii a, isx/,. 
 
 tiie i)rovisioiis ot this act shall he (leeined torteited to the (t3kat.,in.) 
 
 I'nited States, and shall he liahU^ to seizure and eoiideni- 
 
 iiation ill any district of the United States into which such 
 
 vessel may enter or in which she may be found. 
 
 Any person who shall knowingly brino- into or cause to be nJ^""'''"*-' " '"' 
 brouuht into the Tiiited Statt's by land, or who shall aid or !<<<:ii.<t'<nm<„<i- 
 al)et the same, or aid or abet the landino- in the Tnited States "'ij>'3'itaL,^iii.) 
 from any vessel, of any Chines(> p(M-son not lawfully entitled 
 toenter the Tnited States, shall be deemed ouilty of a misde- 
 meanor, and shall on conviction thereof, l)e tiiied in a sum 
 not exceeding;- one thousand dollars, and imprisoned for a 
 term not excecdinj*' one year. 
 
 No Chinese person shall be permitted to enter the United ^^j-\~ •'["'!'! V"^' 
 
 , 1 1 1 -yj . 1 • ii ,!• ea juui o,lss.',. 
 
 States by land without producing- to the proper otfacer ot (^shtat., m.) 
 customs the certificate in this act required of Chinese per- 
 sons seekino- to land from a vessel. 
 
 And ;iny Chinese person found unlawfully within the Deportntion. 
 United States shall be caused to be removed therefrom to 
 the country from whence he came, and at the cost of the 
 United States, after ))eino- brouo-ht ])efore some justice, 
 judoe, or commissioner of a coui't of the Ignited States 
 and found to be one not lawfully entitled to be or to remain 
 in the United States. 
 
 And in all such cases the person who brought or aided Aiding entry. 
 in bringino- such person to the United States shall l)e lial)le 
 to the Government of the United States for all necessary 
 expenses incurred in such investigation and removal; and 
 all peace officers of the several States and Territories of 
 the United States are herein' invested with the same 
 authority as a marshal or United States marshal in refer- 
 ence to carrying out the provisions of this act or the act of 
 which this is amendatory, as a marshal or deput^^ marshal 
 of the United States, and shall l)e entitled to like compen- 
 sation to be audited and paid by -the same officers. 
 
 And the United States shall pay all costs and charges cost of depor 
 for the maintenance and return of any Chinese person ^''^""'■ 
 having the certiticate prescribed l)y law as entitling such 
 Chinese i)erson to come into the l* nited States who may 
 not liave been permitted to land from any vessel b}- reason 
 of any of the provisions of this act. 
 
 This act shall not apply to diplomatic and other officers of p i p i o m n 
 
 11 1 K 
 
 the Chinese or other Governments traveling upon the busi- .Sfr.i.V'-" 
 ness of that Government, whose credentials shall be taken ^'^iis%ai"^in > 
 as e(juivalent to the certiticate in this act mentioned, and 
 shall exempt them and their ))ody and household servants 
 from the provisions of this act as to other Chinese persons. 
 
 Hereafter no State court or court of the United States j^c^tizenship dc- 
 shall admit Chinese to citizenship; and all laws in conllict Sec.ii,. 
 with this act are hereby repealed. 
 
 The provisions of this act shall apply to all subjects of "Chinese." 
 China and Chinese, whether subjects of China or any other gj^^;/^^*''j'J|i^"^- 
 foreign power. {^s ka\.,u'H.) 
 
 And the words "•Chinese laborers," wherever used in "Laborers.' 
 
410 BUKEAU OF IMMIGRATION 
 
 this act shall be construed to mean both skilled and un- 
 juiy 5, issi,.^ skilled laborers and Chinese employed in mining. 
 sel.^ie!'' ^^*''' Any violation of any of the provisions of this act, or of the 
 act of which this is amendatory, the punishment of which 
 is not otherwise herein provided for, shall be deemed a mis- 
 demeanor, and shall ))e punishable by a tine not exceeding- 
 one thousand dollars, or by imprisonment for not more 
 than one year, or both such fine and imprisonment. 
 
 ^ubf^ms There shall be no further immigration of Chinese into 
 
 '(so' Stat. [7}, 1.) the Hawaiian Islands, except upon such conditions as are 
 now or may hereafter be allowed by the laws of the United 
 States; and no Chinese, by reason of anything herein con- 
 tained, shall be allowed to enter the United States from 
 the Hawaiian Islands. 
 
 Chinese In Ha- Chinese in the Hawaiian Islands when this act takes 
 ^^ jpV. 30, 1900. effect may within one year thereafter obtain certificates of 
 
 {3ikai.,i6L) residence as required by "An act to prOhi])it the coming 
 of Chinese persons into the United States,"" approved May 
 fifth, eighteen hundred and ninety-two, as amended by an 
 act approved November third, eighteen hundred and 
 ninety-three, entitled "An act to amend an act entitled 
 'An act to prohibit the coming of Chinese persons into the 
 United States,' approved May fifth, eighteen hundred and 
 ninety-two," and until the expiration of said year shall not 
 be deemed to be unlawf ull}^ in the United States if found 
 therein without such certificate: IVovided /iotveve/\ That no 
 Chinese laborer, whether he shall hold such certificate or 
 not, shall be allowed to enter any State, Territory, or Dis- 
 trict of the United States from the Hawaiian Islands. 
 
 on^chfn^e'^mnf Nothing in scction four of the act of Aug. 5, 1882 (22 
 
 "ers. ' Stat., 225), shall be construed to prevent the Secretary of 
 
 isTstat.^fn.) Commerce and Labor from hereafter detailing one oflScer 
 
 employed in the enforcement of the Chinese exclusion acts 
 
 for duty at the Department of Commerce and Labor at 
 
 Washington. 
 
 cooiy trade. Nq citizen of the United States, or foreigner coming into 
 or residing within the same, shall, for himself, or for any 
 other person, either as master, factor, owner, or otherwise, 
 build, equip, load, or otherwise prepare, any vessel, regis- 
 tered, enrolled, or licensed, in the United States, for the 
 purpose of procuring from any port or place the subjects 
 of China, Japan, or of any other oriental countr}^, known 
 as "coolies", to be transported to any foreign port, or place, 
 to be disposed of, or sold, or transferred, for any time, as 
 servants or apprentices, or to be held to service or labor. 
 iiai\3!isr5. ^^ '^"y person shall knowingly and willfuU}^ contract, or 
 (iskdt.,i,7r>.) attempt to contract, in advance or in pursuance of such 
 illegal importation, to supply to another the labor of cool}' 
 or other person brought into the United States in violation 
 of section two thousand one hundred and fiftj^-eight of the 
 Ilevised Statutes, or of anv other section of the laws pro- 
 
A'. .S'., i'/.W. 
 
 /.■. S., i?ii:o. 
 
 li. S.. 2161. 
 
 BUREAU OK IMMIGRATION 411 
 
 hil)itin}^- tlu' ('ooly-triulr or of this ;icl, such person shull 
 he (U'oiiuhI i^uilty of ;i li^lony, and. upon conviftiou thereof, 
 ill any United States eoiirt, sluill be tilled in a siuii not 
 exceedino- five hundred dolhir.s and imprisoned for a term 
 not exceedino- one year. 
 
 If ail}' vessel, heloiigino" in whole or in part to a citizen 
 of the Tnited States, and reo'istered, enrolled, or other- 
 wise licensed therein, l>e em])loyed in the " cooly-trade/," 
 so called, contrary to the ])rovisions of the preceding- sec- 
 tion, such vessel, her tackle, apj)arel, furniture, and other 
 apinirtenances, shall l)e forfeited to the UnitcHl Stat(v>. and 
 shall be liable to be seized, prosecuted, and condemned in 
 any of the circuit courts or district courts of the United 
 States for the district -where the vessel may be found, 
 seized, or carried. 
 
 Every person who so })uilds, tits out, ecjuips, loads, or 
 otherwise ])repares, or who sends to sea, or navigates, as 
 o\vn(>r, mast(>r, factor, agent, or otherwise, any vessel, be- 
 longing in whole or in part to a citizen of the United States, 
 or registered, enrolleil, or licensed within the same, know- 
 ing or intending that such vessel is to be or may l)e em- 
 ployed in that trade, contrarv to the provisions of section 
 twenty -one hundred and tif t^'-eight, shall be liable to a tine 
 not exceeding two thousand dollars, and l)e imprisoned 
 not exceeding one year. 
 
 Every citizens of the United States who, contrary to the 
 provisions of section twenty-one hundred and fifty-eight, Awnuiai. 
 takes on Ijoard of any vessel, or receives or transports any '(isskii.^^Ii.) 
 such sul)iects as are described in that section, for the pur- 
 })ost^ of disposing of them in an v wa}^ as therein prohi))ited, 
 >hall be liat>le to a fine not exceeding two thousand dollars 
 and be imprisoned not exceeding one year. 
 
 Nothing herein contained shall be deemed to apply to ii.s.,2162. 
 any voluntary emigration of the sul)jects specified in sec- 
 tion twenty-one hundred and fifty -eight, or to any vessel 
 carrying such person as passenger on l)oard the same, but 
 a certificate shall be prepared and signed l)y the consul or 
 consular agent of the United States residing at the port 
 from which such vessel may take her departure, containing 
 the name of such person, and setting forth the fact of his 
 voluntary emigration from such port, which certificate shall 
 l)e given to the master of such vessel; and the same shall 
 not })e gi\en until such consul or consular agent is first 
 ])ers()nally satisfied by evidence of the truth of the facts 
 therein contained. 
 
 The President is empowered, in such wa}' and at such 
 time as he may judge proper, to direct the vessels of the 
 United States, and the masters and commanders thereof, 
 to examine all vessels navigated or owned in whole or in 
 part by citizens of the United States, and registered, 
 enrolled, or licensed under the laws thereof, whenever, in 
 the judgment of such master or commanding officer, rea- 
 sonable cause exists to lu'lieve that such vessel has on 
 ))oard any subjects of Uiiina, dapan, or other oriental 
 
 R. S., 2I6S. 
 
412 BUREAU OF IMMIGKATION 
 
 country, known as "coolies;" unci, upon suiEcient proof 
 that .such vessel is employed in violation of the preceding 
 provisions, to cause her to be carried, with her officers and 
 crew, into any port or district within the United States, 
 and delivered to the marshal of such district, to be held and 
 disposed of according to law. 
 li. s., 2VV,. ^Q tax or charge shall l>e imposed or enforced b^" any 
 
 State upon any person immigrating thereto from a foreign 
 country, which is not equally imposed and enforced upon 
 every person immigrating to such State from an}^ other 
 foreign country. 
 
 Mar. 3, 1S76. Xu determining whether the immigration of any subject 
 (tsj^ta..,!,, . ^^ China, Japan, or any Oriental country, to the United 
 States, is free and voluntary, as provided by section two 
 thousand one hiuidred and sixty-two of the Revised Code, 
 title "Immigration," it shall be the dut}^ of the consul- 
 general or consul of the United States residing at the port 
 from which it is proposed to conve}" such subjects, in any 
 vessels enrolled or licensed in the United States, or any 
 port within the same, before delivering to the masters of 
 any such vessels the permit or certificate provided for in 
 such section, to ascertain whether such immigrant has 
 entered into a contract or agreement for a term of service 
 within the United States, for lewd and immoral purposes; 
 and if there be such contract or agreement, the said consul- 
 general or consul shall not deliver the required permit or 
 certificate. 
 *'■—• If any citizen of the United States, or other person 
 
 amenable to the law\s of the United States, shall take, or 
 cause to be taken or transported, to or from the United 
 States any subject of China, Japan, or any Oriental 
 country, without their free and voluntar}^ consent, for the 
 purpose of holding them to a term of service, such citizen 
 or other person shall l)e lial)le to be indicted therefor, and, 
 on conviction of such offense, shall be punished by a fine 
 not exceeding two thousand dollars and l)e imprisoned not 
 exceeding one year; and all contracts and agreements for 
 a term of service of such persons in the United States, 
 whether made in advance or in pursuance of such illegal 
 importation, and whether such importation shall have been 
 - in American or other vessels, are hereby declared void. 
 
 [Note. — The law relating; to the Cooly trade has been, in the main, 
 superseded by the law excluding Chinese.] 
 
... si 
 
OriAPTKU XV 
 
 BUREAU OF STANDARDS 
 
 The Constitution vosts the Federal Government with power to "fix 
 the Standard of Weiohts and Measures," and from the beginning of the 
 Republic many of the foremost statesmen and scientists have worked 
 assiduously to bring our system of weights and measures to a more 
 satisfactory and scientific condition. Washington recognized this as 
 one of the important subjects committed to Congress bv the Constitu- 
 tion, and repeatedh' urged the necessity for uniform and reliable 
 standards. In 1790 Thomas Jetferson, Secretar}^ of State, was directed 
 by Congress to investigate this subject, and after a most careful con- 
 sideration su]>mitted a report in which he suggested important reforms, 
 which were not, however, adopted. 
 
 A reference to the subject of weights and measures appears in the 
 act approved March 2, ITlH) (R. S. 2027), where it was ordered, among 
 other things, that "• The survej^or (of each port of the United States) 
 shall from time to time, and particularh' on the first Monda}^ in Jan- 
 uary and July in each year, examine and try the weights, measures, 
 and other instruments used in ascertaining the duties on imports, with 
 standards to be provided l)y each collector." Apparently this act was 
 not enforced, probably for the reason that no standard had been 
 adopted by Congress or ])y the Treasury Department. In 1817 Pres- 
 ident Madison reminded Congress that nothing had been accomplished 
 in reforming and unifying the weights and measures, whereupon the 
 whole subject was referred to John Quincy Adams, then Secretar}' 
 of State. Mr. Adams, after four years of research, prepared a report 
 which has become a classic in metrology; in it he advised the adoption 
 of a universal standard by international agreement. 
 
 By Senate resolution of May 2l>, 1830, the Secretary of the Treasury 
 was directed to have an examination made of the weights and measures 
 in use at the principal custom-houses, and, as was expected, large 
 discrepancies Avere discovered. As a consecjuence, the Secretary of 
 the Treasury directed that standards be adopted by the Treasury 
 Department, and that copies be made and distributed to the various 
 custom-houses. The avoirdupois pound was adopted as the standard 
 of weight, and the distance between certain lines on a brass bar in the 
 
 413 
 
414: BUREAU OF STANDARDS 
 
 possession of the Department, and supposed to conform with the 
 English yard, was taken as the standard of length. In June, 1836, 
 Congress directed further that the Secretary of the Treasury should 
 furnish each State with copies of these standards. 
 
 By act approved July 28, 1866, the use of the metric system of 
 weights and measures was legalized, and the Secretary of the Treasur}" 
 was directed to furnish each State with a set of standard weights and 
 measures of this S3^stem. 
 
 In 1875, more than half a century after Adams had recommended a 
 conference between nations for the purpose of establishing world-w^ide 
 uniformity in standards, such a conference was held, and as a result 
 there was established in Paris a permanent International Bureau of 
 Weights and Measures. The Bureau thus established undertook the 
 construction of prototypes of the metric standards, and in 1889 these 
 were ready for distribution among the seventeen nations represented 
 at the international conference. Two meters and two kilograms were 
 sent under seal to the United States l)y special messengers, and were 
 opened at the White House in the presence of the President, the Sec- 
 retary of State, and a distinguished company of scholars. 
 
 The custod}' of the standards referred to above, and the execution 
 of the provisions made by Congress, remained until July 1, lUOl, 
 under the direction of the Superintendent of the Coast and Geodetic 
 Survey, Treasury Department, in his capacity as Superintendent of the 
 Office of Standard Weights and Measures. The facilities of the latter 
 office were exceedingly limited, and the exercise of its functions con- 
 fined to departments of the General Government and the States. 
 
 The progress of science and the employment of exact scientific 
 methods by the great industrial and commercial enterprises had 
 brought about conditions which demanded radical changes in matters 
 pertaining to standards. Whatever might have been said as to the 
 necessity of improvement in the conmion measures of weight, length, 
 and capacity, was equally true of the more accurate measures of these 
 same quantities. Scientific investigators and manufacturers required 
 for their work standards of the very highest order of accuracy and 
 of far greater variety than those previously employed. Among these 
 may be mentioned standards of high and low temperatures, pressure, 
 illumination, electrical standards, and many others. 
 
 The benefits accruing to the i)ublic from fixed and reliable standards 
 are ol)tained thi-ough the medium of a great variety of meters and pre- 
 cise measuring apparatus. That the graduations and indications of 
 these instruments should agree with the fundamental standards is of 
 vital importance; and without such agreement the puldic is deprived 
 of the very l)enefits sought in establishing the standards. German 
 and English makers of scientific apparatus furnish official certificates 
 with their apparatus, and the value of such certificates was so well 
 
KUREAIT OK STANDAKDS 415 
 
 recognized that our own nianufacturers <(uoted prices on their appa- 
 ratus whicli liad been veriiied in the stanchu'dizin^- institutions of for- 
 eign governments. 
 
 It was this condition of affairs that led Congress to enact a law 
 March 8. llJOl. establishing the National Bureau of Standards, the 
 functions of which include the custody of the olljcial standards, the 
 comparison of all standards used in scientific investigations, engineer- 
 ing, manufacturing, commerce, and in (educational institutions, with 
 the standards adopted or recognized by the CJovernnient: the con- 
 struction, when necessary, of standards, their multiples and subdivi- 
 sions; the testing of standard measuring apparatus, and the solution 
 of problems which arise in connection with standards. It is also 
 authorized to make physical and chemical researches for the purpose 
 of determining physical constants and the properties of materials, 
 when such data ai'e of great importance to scientitic or manufacturing- 
 interests. The Bureau is authorized to exercise its functions for edu- 
 cational institutions, firms, corporations, or individuals engaged in 
 manufacturing or other pursuits requiring the use of standards, or 
 standard measuring instruments. 
 
 The relation of the Bureau to the various branches of manufacturing 
 is very important — far more important and comprehensive than that 
 of a mere standardizing institution. It can not l)e expected that an 
 engineer or manufacturer can keep in touch with the scientitic litera- 
 ture of this and other countries; hence the Bureau is also intended to 
 be a source of information along scientific lines for manufacturers and 
 engineers. The progress of manufacturing and many commercial 
 industries is closely connected with the scientitic development of the 
 countr}'. 
 
 A site was purchased by the Government in the northwestern sub- 
 urbs of Washington, in a locality free from mechanical and electrical 
 disturbances. Two laboratories, suitably equipped for carrying on 
 investigations, and testing standards and'measuring instruments of all 
 kinds, are in process of construction. The scientitic work of the 
 Bureau is under the immediate supervision of a Director, assisted by 
 a corps of physicists and chemists. 
 
 The name ''Office of Construction of Standard Weights and Meas- 
 ures" was first used in the appropriation act of August T), 1882. As 
 before stated, the act of March .3, 1901, separated the National Bureau 
 of Standards from the Coast and Geodetic Survey, and made it an 
 independent bureau of the Treasury Department, where it remained 
 until, on July 1. 1008. it became a part of the De])artment of Com- 
 merce and Labor, under the provisions of the law esta))lishing that 
 Department, approved February 14, 1908. By ord(M- of the Secretary 
 of Commerce and Labor, the name ''Bureau of Standards'' was 
 adopted July L 1903. 
 
410 BUKEAF OF STANDARDS 
 
 Prof. S. W. Stratton has been at the head of tlio Bureau since its 
 org-anization in 1901. 
 
 The use of the facilities of the Bureau of Standards for research 
 and stud}' I)}' scientific investigators and students of an}' institution of 
 higher education is granted by law (31 Stat., 1(»30) and resolution of 
 April 12, 1892. (See page 158.) 
 
 LAW PEKTAINING TO THE BUREAU OF STANDARDS 
 
 [As modified by act of February 14, ]90o.] 
 
 Consiitiuion ^\^^ Cougrcss shall have Power to * * * fix the 
 
 Art. 1, sec. 8. .^ ,.*'iiT • 1 J 1 TT 
 
 Standard ot Weights and Measures. 
 Functions of '£\^q Ofiice of Standard Weights and Measures shall here- 
 
 Bureau. , i t-> i- li i ^ 
 
 Mnr.s. luoi. after be known as tlie Bureau ot Standards. « 
 ^^ecs^Tdnd2^'^ Tli^ f unctious of the bureau shall consist in the custody 
 of the standards; the comparison of the standards used in 
 scientific investigations, engineering, manufacturing, com- 
 merce, and educational institutions with the standards 
 adopted or recognized by the Government; the construc- 
 tion, when necessary, of standards, their multiples and 
 subdivisions; the testing and calibration of standard meas- 
 uring apparatus; the solution of problems which arise in 
 connection with standards; the determination of physical 
 constants and the properties of materials, when such data 
 are of great importance to scientific or manufacturing- 
 interests and are not to be obtained of sufficient accuracy 
 elsewhere. 
 real/'Xii'ler^e; ^hc burcau shall cxcrcise its functions for the Gov- 
 sec.s. ernment of the United States; for any State or munici- 
 
 pal government within the United States; or for any 
 scientific society, educational institution, firm, corpora- 
 tion, or individual within the United States engaged in 
 manufacturing or other pursuits requiring the use of 
 standards or standard measuring iiisti'uments. All re(iuests 
 for the services of the bureau shall be made iu accordance 
 with the rules and regulations herein established. 
 
 Personnel of The officers and employees of the bureau shall con- 
 Bureau and sal- .,,. t^ i*^ ^ ^ a n ^ 
 
 aries. sist ot a director, at an annual salary ot five thou- 
 
 *''"'■ sand dollars; one physicist, at an annual salary of three 
 
 thousand five hundred dollars; one chemist, at an annual 
 salary of three thousand five hundred dollars; two assist- 
 ant physicists or chemists, each at an annual salary of two 
 thousand two hundred dollars; one laboratory assistant, 
 at an annual salary of one thousand four hundred dollars; 
 one lal)oratorv assistant, at an 'annual salary of one 
 thousand two hundred dollars; one secretary, at an 
 annual salary of two thousand dollars; one clerk, at 
 an annual salary of one thousand two hundred dollars; 
 one messenger, at an annual salary of seven hundred 
 and twenty dollars; one engineer, at an annual salary 
 
 "Xiuiie' adoi ted July 1, IWA. 
 
BUREAU OF STANDARDS 417 
 
 of OM(> tlioiisund li\t' liiiinlicd doUiiis; one, mechanician, at 
 an annual salary of one thousand tour innidrcMl dollars; 
 one watchman, at an annual salary ot" seven hundred and 
 twenty dollars, and one lahoicr, at an aiu'ual salary of six 
 hundred dollars." 
 
 The director shall ])e ai)i)()inted bv the President, by Tiu-nircctor- 
 and with the advice and consent or the benate. lleiiutics. 
 shall have the general supervision of the bureau, its '^'^"''' 
 equipment, and the exercise of its functions. He shall 
 make an annual report to the Secretary of Commerce and 
 lval)or. including' an abstract of th(> work done during the 
 j'earand a financial statement. IIi^ may issue, when neces- 
 sary, bulletins for ]iublic distribution, containing such in- 
 formation as may ])e of value to the public or facilitate 
 the bureau in the exercise of its functions. 
 
 The officers and employees provided for ])y this 'Act, ■'^v\»>pitmiiins. 
 except the director, shall l)c appointed by the Secretary 
 of Commerce and Labor, at such time as their respective 
 services may l)ecome necessar3^ 
 
 The following sums of money are hereh}- appropriated: .|^;i^_[^P''"P'"'*'^'o^ 
 * * * toward the erection of a suitalde laborator}-, of scc.'r. 
 fireproof construction, for the use and occupation of said 
 bureau, including all permanent tixtures, such as pluml)- 
 ing, piping, wiring, heating, lighting, and ventilation, the 
 entire cost of which shall not exceed the sum of three hun- 
 dred and twenty-five thousand dollars,* one hundred thou- 
 sand dollars; for equipment of said laboratory, the sum of 
 ten thousand dollars; for a site for said laborator}", to be 
 approved by the visiting committee hereinafter provided 
 for and purchased Ijy the Secretary of the Treasury, 
 the sum of tw^enty-tive thousand dollars, or so much thereof 
 as may be necessar}"; * * * expenses of the visiting 
 conmiittee, and contingencies of all kinds, the sum of 
 five thousand dollars, or so inuch thereof as may be nec- 
 essary, to be expended under the supervision of the Sec- 
 retary of Commerce and Labor. 
 
 For all comparisons, calibrations, tests, or investiga- ^j^^^'^'^J^'^ ^^° ^^ 
 tions, except those performed for the Government of the scc. s. 
 United States or State governments within the United 
 States, a reasonable fee shall be charged, according to a 
 schedule submitted l)y the director and approved In' the 
 Secretary of Commerce and Labor. 
 
 The Secretary of Conunerce and Labor shall, from sccRtary of 
 time to time, make regulations regarding the payment of ^;'")"or tl.^ make 
 fees, the limits of tolerance to be attained in standards '■^"|^'^'«y""'*- 
 submitted for verification, the sealing of standards, the 
 disl)in'sement and receipt of moneys, and such other mat- 
 ters as he mav deem necessary for carrving this Act into 
 eliect. 
 
 There shall be a visiting committee of five members, to yisUing com- 
 be appointed by the Secretary of Commerce and Labor, sec. lo. 
 
 «Api)ropriation act of Ai)ril 2S, 1902, increased the number of em- 
 ployees to 28, and act of February 25, 11)0;5, increased tiie number to 58. 
 b Act of June 6, 1902. 
 
 27628—04 27 
 
418 BUREAU OF STANDARDS 
 
 to consist of men prominent in the vurious interests 
 involved, and not in tiie employ of the Government. 
 This connnittee shall visit the bureau at least onee a year, 
 and report to the Secretary of Commerce and Labor 
 upon the efficiency of its scientific work and the con- 
 dition of its equipment. The members of this commit- 
 tee shall serve without compensation, but shall be paid 
 the actual expenses incurred in attending its meetings. 
 The period of service of the members of the original com- 
 mittee shall be so arranged that one member shall retire 
 each year, and the appointments thereafter to be for a 
 period of live years. Appointments made to till vacancies 
 occurring other than in the regular manner are to be made 
 for the remainder of the period in which the vacancy 
 exists. 
 
CHAPTER XV I 
 
 LEGISLATIVE HISTORY OF SENATE BILL NO. 569 AN ACT TO 
 ESTABLISH THE DEPARTMENT OF COMMERCE |AND LABOR] 
 
 [Fifty-.SL'Vunth ('oiiKress.] 
 
 Part L 
 PROCEEDINGS IN THE SENATE 
 
 On December -i, lUUi, Seimtor iS'elsoii introdiieed in tlio Seniite a ImII 
 (Senate No. 56!') "'To e.stal)lish the Department of Commerce;" it was 
 read twice and referred to the Committee on Commerce; on ,Jaiuiary 9, 
 1902, it ^va-s repoited hv Mr. Nelson, with certain amendments; Jan- 
 uary 22, 1902, the l)iH was ordered printed, as agreed to in Committee 
 of the Whole, and at this period of its progress it read as follows: 
 
 A BILL to establisli the Department of ( 'oinmerce. 
 [Omit tlie niatttT in small type and insert the iiart printeil in italics.] 
 
 Be it enacted hy the Seiutteand House of Representatives of the United 
 States of America' ill Congress asse/nJded, That there shall be at the 
 seat of government an executive department to be known as the Depart- 
 ment of Commerce, and a Secretaiy of Commerce, who shall be the head 
 thereof, who shall be appointed l)v the President, by and with the 
 advice and consent of the Senate, who shall receive a .salary of eight 
 thousand doUars per annum, and whose term and tenure office shall be 
 like that of the heads of tiie'other Executive Departments; and section 
 one hundred and iiftj'-eight of the Kevised Statutes is hereby amended 
 to inchide such Department, and the provisions of title four of the 
 Revised Statutes, including all amendments thereto, are hereliy made 
 applicable to said Department. 
 
 Sec. 2. That there shall ])e in said Department an Assistant Secretary 
 of Connnerce, to ])e appointed by tlio President, by and with tiie advice 
 and consent of thi^ Senate, who shall receive a salary of four thousand 
 dollars a year. He shall pin-foini such duties as shall be prescribed 
 by the Secretarv or re(|uired by law. There shall also be one chief 
 clerk and a disbursing clerk, and such other clerical a.ssistants as may 
 from time to time ])e authorized by Congress, and the Auditor for the 
 State and other dei)artments shall receive all accounts accruing in or 
 relative to the Department of Commerce and examine the same, and 
 thereafter certify the balance and transmit the accounts, with the 
 vouchers and certificate, to the Comptroller of the Treasiny for his 
 decision theron. 
 
 419 
 
420 LEGISLATIVE HISTOKY 
 
 Sec. 3. That it shall be the province and duty of said Department 
 to foster, promote, and develop the foreign and domestic commerce, 
 the minin<4-, mannfacturing, shipi)ino-, and fishery industries, the labor 
 interests, and the transportation facilities of the United States; and to 
 this end it shall be vested with jurisdiction and control of the depart- 
 ments, bureaus, offices, and branches of the public service hereinafter 
 speciiied, and with such other powers and duties as may be prescribed' 
 by law. 
 
 Sec. 4. That the following-named offices, bureaus, divisions, and 
 branches of the pul)lic service, now and heretofore under the jurisdic- 
 tion of the Department of the Treasury, and all that pertains to the 
 same, known as the Life-Saving Service, the Light-House Board, and 
 the Light-House Service, the Marine-Hospital Service, the Steamboat- 
 Inspection Service, the Bureau of Navigation and the United States 
 Shipping Commissioners, the Bureau of Iiumigration, and the Bureau 
 of Statistics, be, and the same hereby are, transferred from the 
 Department of the Treasury to the Department of Commerce, avd the 
 same shall hereafter remain under the jurisdiction and supervision of 
 the last-named Department; and that the Census Office, the Patent Office, and 
 all that pertains to the same, be, anil the same hereby are, transferred from the 
 Department of the Interior to the Department of Commerce, to remain henceforth 
 under the jurisdiction of the latter; that [the Department of Lal)or,"] and 
 the office of Commissioner of Fish and Fisheries, and all that pertains 
 to the same, l)e, and the same hereby are, placed under the jurisdiction 
 and made a part of the Department of Commerce; that the Bureau of 
 Foreign Commerce, now in the Department of State, be, and the same 
 hereby is, transferred to the Department of Commerce and consolidated 
 with and made a part of the Bureau of Statistics, hereinbefore trans- 
 ferred from the Department of the Treasury to the Department of 
 Commerce, and the chief of said Bureau of Foreign Commerce shall be the assist- 
 ant chief of the said Bureau of Statistics; and the hvo shall constitute one 
 hureau^ to he called tJie Bureau of Statistics, with a chief of the Bureau 
 and one assistant [and it shall be the duty of said Bureau, under the 
 direction of the Secretary, in addition to the duties now prescribed by 
 law, to gather, compile, classify, and i)ublish statistical information 
 showing the condition of the foreign and domestic commerce, of the 
 mining, manufacturing, shipping, and fishery industries, and of the 
 transportation facilities of the United States'^']. 
 
 That the official records and papers now on file in and pertaining 
 exclusively to the business of any bureau, office, department, or branch 
 of the public service in this act transferred to the Department of Com- 
 merce, together with the furniture now in use in such bureau, office, 
 department, or branch of the public service, shall be, and hereby are, 
 transferred to the Department of Commerce. 
 
 Sec. 5. That there shall be in the Department of Commerce a bureau 
 to be called the Bureau of Manufactures, and a chief of said Bureau, 
 who shall be appointed by the President, by and with the advice and 
 consent of the Senate, and who shall receive a salary of three thousand 
 dollars per annum. There shall also be in said Bureau one chief clerk 
 and such other clerical assistants as may from time to time be author- 
 ized by Congress. It shall be the province and duty of said Bureau, 
 under the direction of the Secretar}', to foster, promote, and develop 
 the various manufacturing industries of the United States and markets 
 
 « Pending. 
 
LEGISLATIVE HISTORY 421 
 
 for tlio siiiiio at home and abroad, doiucstic and rorcio-n, l)y o-athoring, 
 conipiliii<i-. i)ul)lisliiiio-. and sui)})lyinu- all available and useful informa- 
 tion conccruino- such industries and such markets, and ])y such othei- 
 methods and means as may he ])i-es(ril)ed by the Secretary or provided 
 by law. And all consular oilicers of the United States, includino- 
 consul-o-enerals, consuls, and connnercial ay-cMits, arc hereby required, 
 and it is made a part of their duty, uiuUu- the direction of the Sccrc- 
 taiy of State, to gather and compile, from time to time, upon the re(juest 
 of the Secretary of Coinnieroe' Useful and material information and statistics 
 in respect to the commerce, industries, and markets of the countries 
 and i)laces to which such consular oilicers are accredited, and to send, 
 under the direction of the S(H-retarv of State, reports fpiartcM'ly, or 
 oftener if riHpiired. of th(> information and statistics thus oathered 
 and compiled, to the Secretary of the DepartmiMit of Commerce. 
 
 Skc. (t. That the jurisdiction, supei'vision, and control now possessed 
 and exercised l)v the Department of the Treasury over Chinese immi- 
 gration, and over the fur-seal, salmon, and other fisheries in Alaska, 
 be, and the same hereby' is, transferred to and vested in the Department 
 of Connnerce. 
 
 Sec, 7. That the Secretary of Commerce shall annually, at the close 
 of each fiscal 3'ear, make a report in writing to Congress, giving an 
 account of all moneys received and disbursed bv him and his Depart- 
 ment, and descril)ing the work done by the Department in fostering, 
 promoting, and developing the foreign and domestic commerce, the 
 mining, manufacturing, shipping, and fisher}' industries, and the trans- 
 portation facilities of the United States, and making such recommen- 
 dations as he shall deem necessary for the effective performance of the 
 duties and purposes of the Department. He shall also, from time to 
 time, make such special investigations and reports as he may be re- 
 quired to do ])y the l*resident, or by either House of Congress, or which 
 he himself may deem necessary and urgent. 
 
 ^ Sec. 8. That the Secretary of Commerce shall have charge in the 
 buildings or premises occupied by or appropriated to the Department 
 of Commerce, of the librar}-, furniture, fixtures, records, and other 
 property pertaining to it, or hereafter acquired for use in its busi- 
 ness; and he shall be allowed to expend for periodicals and the pur- 
 poses of the librar}', and for the rental of appropriate quarters for 
 the accommodation of the Department of Commerce within the Dis- 
 trict of Colum))ia, and for all other incidental expenses, such sums as 
 Congress may provide from time to time: P/'ovkli/d, lunoevei\ That 
 where any office, bureau, or branch of the public service transferred 
 to the Department of Conmierce by this act is occupying rented 
 buildings or premises it may still continue to do so until other suita- 
 ble cpiarters are provided for its use: And 'providid furtl(ri\ That all 
 officers, clerks, and employees now employed in any of the l)ureaus, 
 offices, departments, or branches of the public service in this act 
 transferred to the Department of Commerce are each and all hin-eby 
 transferred to said Department at their ])resent grades and salaries, 
 except where otherwise provided in this act. and they nhall eontinue in 
 office and employment as if appointed under this act initil otherwise i)rovided by law: 
 And prorldcd flirt III r, That all laws ])rescribing the work and detiniug 
 the duti(\s of the several bureaus, olH((\s, de])artments, or branches of 
 the ])ublic service by this act ti-ansferred to and made a part of the 
 Department of Commerce shall, so far as the same are not in conflict 
 
422 LEGISLATIVE HISTORY 
 
 with the provisions of this act, remain in full force and effect until 
 otherwise provided by hiw. 
 
 Sec. 9. That i:\\ power and authority heretofore possessed or exer- 
 cised by the head of any executive department over any l)ureau, 
 office, branch, or division of the public service, by this act transferred 
 to the Department of Commerce, or any business arising- therefrom or 
 pertaining thereto, whether of an appellate or revisory character, or 
 otherwise, shall hereafter be vested in and exercised by the head of the 
 said Department of Commerce. And all acts or parts of acts incon- 
 sistent with this act are, so far as so inconsistent, hereliy repealed. 
 
 fScc. 10. A pe7'S07i, to he designated hy the Secretary of State, sJudl 
 he appointed to formxdate iinder his direction, for the instruction of 
 considar officers, the requests of the Secretary of Contmerce, cmd to 
 prepare froDi the dispatches of consular officers, for transmission to the 
 Secretary of Commerce, such iiformatioiv as pertains to the work of the 
 Department of Commerce, and such pe7'son shall have the rank and 
 salary of a chief of hureau, and he furnished with such clericcd assistance 
 as may he deemed necessary hy the Secretary of State. 
 
 Sec. [10] 11. This act shall take efi'ect and be in force from and 
 after its passag-e. 
 
 SENATE REPORT 
 
 Senate Report No. 82, on Senate bill No. 569, from the Committee 
 on Commerce, made on January 9, 1902, is as follows: 
 
 The Committee on Commerce, to whom was referred the bill (S. 569) 
 to esta))lish the Department of Commerce, have had the same under 
 consideration and beg leave to report as follows: 
 
 To fully understand and comprehend the necessity for the establish- 
 ment of the Department of Commerce, it is desirable and instructive 
 to give a brief history of the inception, growth, and jurisdiction of the 
 several Executive Departments of the Governnieut. 
 
 STATE DEPARTMENT 
 
 The first department established was known as the Department of 
 Foreign Affairs, and was created by the act of July 27,1789 (1 U. S. 
 Stat, 28). By the act of September 15, 1789 (1 U. S. Stat., {^><), the 
 name was changed to that of Department of State. This Department 
 was originally vested, under the direction of the President, with juris- 
 diction over foreign, diplomatic, and consular affairs, and was, in 1793, 
 given jurisdiction o\'er the matter of patents for useful inventions, 
 which it retained until 1819, when the same was transferred to the 
 Interior Department. It was also given supervisory and appellate 
 jurisdiction over the acts of marshals and others in taking and return- 
 ing the census of the United States, which it retained until 1819, when 
 the same was transferred to the Interior Department. 
 
 WAR DEPARTMENT 
 
 The next department established was the War Department, created 
 b}^ the act of August 7, 1789 (I U. S. Stat., 19), and was originally 
 vested with jurisdiction, under the direction of the President, over 
 both military and naval affairs, over land grants foi- militar}^ services^ 
 and over Indian affairs. Its jurisdiction over naval affairs it retained 
 
LEGISLATIVE HISTORY 423 
 
 until April 30, ITOS, when the Navy DopartiiKMit was created; its 
 iurisclictioii over land orants was transferred to the Treasury Hepart- 
 nient in lTsi> and ITIKJ, and its jurisdiction over Indian atl'airs was 
 transferred to the Interior Department in 18-H*. In Js;i;} the I)ei>:>.rt- 
 nient was oiven jurisdiction over the matter of military i)cnsions, which 
 it retained until 1841', when the Interior Department was estiiblished. 
 Diu-in^apartof this time the War Department and Navy Department 
 jointly exercised jurisdiction over military and naval pensions, and it 
 still retains the so-called Record and Pension Oflice. 
 
 TKKASUUY DEPARTMENT 
 
 The next deparimeiit established was the Treasurv Department, 
 cnnited hy the act of SeptiMuber 2, ITS!) (1 U. S. Stat., 05). It was 
 orlt>inally vested with jurisdiction over the financial and fiscal ati'airs 
 of the (xovernment, with the collection and expenditure of the pul)lic 
 revenue, and was also vested with jurisdiction over the sale of public 
 lands, w^hich it retained until the Interior Department was created in 
 1849. 
 
 NAVY DEPARTMENT 
 
 The next department established was the Navy Department, created 
 by the act of April 30, 1798 (1 U. S. Stat., 553), and vested with juris- 
 diction over naval afi'airs. This Department had also for a time 
 jurisdiction over the matter of naval pensions, until the same was 
 transferred to the Interior Department in 1849. 
 
 INTERIOR DEPARTMENT 
 
 The Interior Department was established l)v tlie act of IVIarch 3, 
 1849 (9 U. S. Stat,, 39()). It was oriu-lnally given jurisdiction over 
 patents for inventions, over the land-office business of the Government, 
 over Indian affairs, over pensions, over the census, over the accounts 
 of the officers of United States courts, and over public buildinos. Its 
 jurisdiction over public buildings was a])olished in 1867, and its juris- 
 diction over the accounts of judicial officers was transferred to the 
 Attorney-General in 1870. 
 
 POST-OFFICE DEPARTMENT 
 
 In 1789 (1 U. S. Stat., 70) a post-office, with a Postmaster-General, 
 was established and given jurisdiction over the postal ati'airs of the 
 (Government. Bv the acts of Fel)ruarv 20, 1792 (L U. S. Stat, 234), 
 and May 8, 1794 "(1 U. S. Stat., 357), a General Post-Office was estab- 
 lished, with a Postmaster-General at the head; and finallv, on June 8, 
 1872 (17 U. S. Stat, 283), the Post-Office Department was established 
 as one of the Executive Departments, with jurisdiction over all the 
 postal atlairs of the Government. 
 
 THE DEPARTMENT OF JUSTICE 
 
 On Septeml)er 24, 1789 (1 V. S. Stat., 93), the office of Attorney- 
 General was created, wiiose duty it was to conduct all suits on behalf 
 of the Government in the Su})reme Court of the United States, and to 
 
424 LEGISLATIVE HISTOEY 
 
 ff'ive advice and opinion upon questions of law when required by the 
 President or the heads of any of the departments. By the act of June 
 22, 1870 (16 U. S. Stat., 162), the Department of Justice was created, 
 with the Attorney-General at its head. 
 
 DEPARTMENT OF AGRICULTURE 
 
 By the act of May 15, 1862 (12 U. S. Stat., 387), the Department of 
 Agriculture was created, with a Commissioner of Agriculture at the 
 head. This was afterwards changed into an executive department, 
 with a Secretary of Agriculture at the head, ))v the act of Februar}^ 9, 
 1889 (25 II. S. Stat, 659). This Department^ has jurisdiction of an 
 advisory character over the agricultural atl'airs of the country. 
 
 From this brief summary it will appear that the Government first 
 started out with only three Executive Departments — namely, the State, 
 War, and Treasury — and in connection with these departments, for 
 administrative purposes, there was a Postmaster-General and Attorney- 
 General, neither of whom, however, was head of an Executive Depart- 
 ment. The executive business of the Government was conducted 
 under t^hese five heads until in 1798, when the Navy Department was 
 established, wdiich withdrew the naval affairs from the War Department. 
 In 1849 the Interior Department was formed by absorbing the patent 
 business from the State Department, the land-office business from the 
 Treasury Department, Indian affairs from the War Department, pen- 
 sions from the War and Navy departments, and census from the State 
 Department. 
 
 It will be observed from the foregoing statement that the Govern- 
 ment, in 1789, really distributed its public business among five distinct 
 branches of the Government — practically five departments — the State, 
 War, Treasury, Post-Oftice, and Department of Justice. It is true 
 that in the last two cases — that of the Post-Office Department and the 
 Department of Justice — they did not become full-Hedged departments 
 until a much later day, but the direction and control of the postal 
 business was assigned to the Postmaster-General and of the judicial 
 business to the Attorney-General as separate and distinct branches of 
 the public service at that early da3\ As a matter of fact, then, there 
 has really been onl}' an addition of three departments — that of the 
 Navy, Interior, and Agriculture— within a period of one hundred and 
 twelve years. It will be o])served that the Interior Department natu- 
 rally and inevitably arose from an extraordinary accunmlation of public 
 business in the other departments of the Government. The two great 
 departments of the public service (if we take into account the different 
 classes of public business involved and the number of emploj^ees) are 
 the Treasury and Interior departments. The business of these depart- 
 ments has expanded to a large and varied extent. If we look at the 
 number of employees in the respective departments here at Washing- 
 ton, we find the condition to ])e as follows: 
 
 There are in the Department of Justice 111, Navy Department 324, 
 State Department 95, Post-Otfice Department 697, Agricultural Depart- 
 ment 804, War Department 1,787, Interior Department 4,440, and 
 Treasury Department 4,881 employees. From these figures it appears 
 that both the Interior and Treasur}" departments have each a greater 
 number of employees than all the other departments of the Govern- 
 ment combined. 
 
LEGISLATIVE HISTORY 425 
 
 If WO, look at tho duties ussimied to oiicli of thoso several depart- 
 ments, we find that, outside of tlie Treasury and Interior departments, 
 the other departments are mainly chari^inl with a sin<ile class of puh- 
 lic business the State Depai'tment with I'orc'inii atfairs, I)ej)aitment 
 of Justice with judicial atlaiis, Na\y I)(>i)ai-tment with naval allairs, 
 Post-Otlice Hepartment with the postal business of the country. ^Var 
 Department witii military atl'airs and the improyeuient of riyers and 
 harbors, and the Aoricultural Department with aoricultural luatters. 
 But when we come to the Treasury and the Interior departments we 
 tind each of these departments vested with a lar^re num))er of separate 
 and distinct public duties disconnected with each other. 
 
 Take, for instunc<\ the Interior Department: It has to-day charge 
 of the General J.andOtHce, Indian Office, J*ension OtHce, Patent Office, 
 Bureau of Education, Census OlHce, Conunissionerof Railroads, Archi- 
 tect of the Capitol, (Jeolooical Sui-yey, (Joyernment Hospital fortius 
 Insane, and the Columbia Institute for the Instruction of the Deaf and 
 Dumb. 
 
 The Treasury Department stands charg-ed with a still orcater xariety 
 of diversified duties and sul)jects. It has charoe of all the fiscal and 
 monetary affairs of the Goyernment, includino- the issuance and main- 
 tenance of a safe and sound currency, the collection and disburstMuent 
 of the revenues of the Government, the auditing- and i)aying of all 
 public accounts and claims in the several departments of the Govern- 
 ment, the pu])lic debt, and the coinage. All this business is mainl}^ 
 distributed in the following disisions, offices, and bureaus, to wit: 
 
 Treasurer of the United States, Director of the Mint, Comptroller 
 of the Currenc}", Bureau of Engraving- and Printing, Division of 
 Public Moneys, Division of Loans and Currency, Secret Service 
 Division, Comptroller of the Treasury, Register of the Treasury, 
 Auditor for the Treasury Department, Auditor for the War Depart- 
 ment, Auditor for the Interior Department, Auditor for the Navy 
 Department, Auditor for the State and other Departments, Auditor 
 for the Post-Otfice Department, national-l)ank redemption agencies, 
 Commissioner of Internal Revenue, Commissioner of Customs, and the 
 Revenue-Cutter Service. 
 
 In addition to these offices, divisions, and bureaus, which all pertain 
 to the financial and fiscal atfaii's of the Goyernment, this Department 
 has charge of the following bureaus, offices, and divisions of the pub- 
 lic service: 
 
 The Supervising Architect, Bureau of Statistics, Life-Saving Serv- 
 ice, Commissioner of Navigation, Office of Steam))oat Inspection, Light- 
 House Board and Light-House Service, Coast and (leodetic Survey, 
 Marine-Hospital Service, and Bureau of Immigration. 
 
 It is apparent that none of these branches of the puldic service has 
 any immediate or direct connection with or is germane to the prin- 
 cipal and most important duties of the Treasury Department. This 
 Department stands charged, chiefly and first of all, with the financial 
 and fiscal affairs of the Government, with all that pertains to finance 
 and revenue, and ought not to be charged with duties foreign to these 
 subjects. These other branches of the public service, which lie out- 
 side of the subject of finance and i-e\-eiui(\ ])ortain more directly to the 
 subject of connnerce, mamifactures, and other industries. 
 
 It is also to t e noted in this connection that in none of the depart- 
 ments of the Government have we any bureau or division of the public 
 
426 LEGISLATIVE HISTOKY 
 
 service to which is committed the promotion of the manufacturing and 
 mining- industries of the countr}' — two very important branches of our 
 industrial life. In view of our great progress and development i n min- 
 ing and manufacturing industries, which now far exceed the al)ility to 
 supply our own wants, and in view of the urgent necessity of securing 
 more extensive markets abroad, it must l)e apparent to anyone who 
 gives the suijject the least thought that there is an urgent demand for 
 the establishment of a department of the public service to have the 
 charge of and to aid in our industrial development, and to secure us 
 better and more extensive markets abroad. 
 
 This fact is now, and has for many years been, recognized by all the 
 principal commercial jjodies throughout the country, and there seems 
 to be an urgent demand throughout the industrial world for such a 
 department. Most of the other great governments of the world have 
 a department of this kind. England has her board of trade; France, 
 her minister of commerce and industry; The Netherlands, a minister 
 of public works and commerce; Austria-Hungary, a minister of com- 
 merce and national industries; Italy, a minister of commerce, industr}^, 
 and agriculture; Spain, a minister of commerce, agriculture, and pub- 
 lic works; Portugal, a minister of public works and industry, and 
 Russia has just established a ministry of commerce and industr}^ 
 instead of having it, as heretofore, a branch of the finance ministry. 
 In all of these Governments the fact is recognized that a department 
 of this kind is essential and necessary for the care, promotion, and 
 development of conmierce and manufactures. The United States, in 
 order to be on a footing of equality and in order to be fully equipped 
 to enter the competitive field with the strongest nations, ought to take 
 a lesson from and be guided by these examples. 
 
 In order to make such a department useful and effective, and in order 
 to fully equip it with all the necessary appliances to execute its great 
 task and purpose, it ought to be vested with all l)ranches and depart- 
 ments of the public service relating and germane to the subject of com- 
 merce, manufactures, and otlier industries. 
 
 The bill now under consideration is framed to carry out this purpose 
 and idea. It esta))lishes in the proposed Department a new bureau, to 
 be known as the Bureau of Manufactures; to have charge of the 
 manufacturing interests of the United States; to gather, compile, and 
 publish information in respect to the sanu>, and information in respect 
 to securing markets for our products abroad, and to assist in develop- 
 ing the manufacturing industries of the United States and the markets 
 for the same. It transfers to this new Department from the Treasur}^ 
 Department, the Life-Saving Service, the Light-House Service, the 
 Marine-Hospital Service, the Steamboat-Inspection Service, the Bureau 
 of Navigation, and the United States Shipping Commissioners, the 
 Bureau of Inuuigration, the Bureau of Statistics, and the United States 
 Coast and Geodetic Survey; and from the Interior Department the 
 Commissioner of Railroads, the Patent Office, the Census Office, and 
 the Geological Survey; and from the State Depai'tment the Bureau of 
 Foreign Conunerce, and consolidates that with the Bureau of Statistics, 
 transferred from the Treasury Department. 
 
 It transfers the Geological Survey from the Interior Department to 
 this new Department, and makes the Director of the (reological Survey 
 the chief of a Bureau of Geological Survey and Mining, and it also 
 transfers the Department of Labor and the Office of Commissioner of 
 
LEC4ISLATIVE HISTORY 427 
 
 Fish and Fisheries, neither of which belonus to any of the j^re.at Exec- 
 utive Departments, to the new I)(']>aitnient. It will reaclily he per- 
 ceived from a mere ins})ecti()n that the bureaus, (h'pai'tments, and 
 ])ranehes of the pul)li(' sei'vice tiuis transferred to the new Department 
 are all intimately eoimeeted with and directly pertain to the sul»ject of 
 commerce, manufactures, mininti'. and other industrial enterprises. 
 
 The salaries of the othcers and employees of the several bureaus, 
 departments, and ))ranches of the public service thus transferred to 
 the new Department remain unchanged. The bill increas(\s the salary 
 roll only to the extent of ss.dOO for the Secretary, ^-l:,<>0(» for the 
 Assistant Secretary, and f^H.OOO for the Chief of the Ikireau of Manu- 
 factures. In all, ^1 :).(>( 10. 
 
 In addition to this it will be necessar}' to make appropriation for a 
 limited clerical force in the Bureau of jNIanufactures, and perhaps a 
 few additional cl(M-ks in the Bureau of Geolog'ical Survey and Miiun**-, 
 and a few clerks in the Secretary's othce. The ag'greo^atc increase for 
 salaries is not likely to exceed the sum of from $40,000 to ^50,000 a 
 year. The expenses involved in establishino- this new Department will 
 be insignificant in comparison with the great work to be done and the 
 great results that can be obtained. 
 
 Your committee are tirmly convinced that there is an urgent demand 
 and an urgent necessity for the establishment of this new Department, 
 and accordingly recommend the passage of said bill, w'ith some amend- 
 ments. 
 
 DEBATE IN SENATE 
 
 The discussion in the Senate began on Januarj^ 13, 1902, when Mr. 
 Nelson moved that the Senate proceed to the consideration of the bill 
 (S. 509) to establish the Department of Commerce, as in Committee of 
 the Whole. This having been agreed to, ]VIr. Nelson said: 
 
 Mr. Nelson. Mr. President, I do not intend to take up the time of the Senate in 
 any lengthy general del)ate, and for that reason I have prepared a very brief state- 
 ment, wliich I shall read to the Senate in order to save time, giving the purpose and 
 scope of the ImH. 
 
 (1 ) There is among our Executive Departments no department that stands charged 
 with the care, promotion, and development of our vast connnercial, manufacturing^ 
 mining, and other industrial enterprises. The agricultural interests of the country 
 are well served and taken care of l)y the Agricultural Department, but the other great 
 industi'ies of our country, as well as our great commerce, are without any direct gov- 
 ernmental guidance and assistance. These vast intere^^ts of our people — the great 
 throhbings of our economic and industrial life — have no governmental head, direc- 
 tion, or guidance, hut are left to shift for themselves without any system, harmony, 
 or unity of action, so essential to thorough and permanent })rogress. Such a condition 
 is not <mly hampering in dealing with ourselves, Init is much more embarrassing, 
 retarding, and injurious when we come to compete with other nations and enter the 
 competitivi^ held of the world's tratiic and commerce. To enter the markets of for- 
 eign countries effectively and systematically we must thoroughly familiarize ourselves 
 with the laws, trade conditions, resources, and w'ants of those countries. This can 
 only l)e done systematically and effectively through an organ of our (Jovernmeiit 
 charged with such task — thegatheringand dissemination of the neces.«ary information. 
 
 This matter is now becoming more important and more urgent than ever before. 
 Our i)rodiictive cai)acity, pres.sed by an abundance of capital, labor, and raw mate- 
 rial, tar exceeds our own wants, and will so continue with increased force and per- 
 sistence, so that the gr<>at problem is and will continue to be to .^ecure and hold 
 greater and more extensive markets abroad. To American cajiital, American labor, 
 ami American enterprise this is a most vital (juestion. M'ithout greater markets 
 abroad industrial stagnation anil congestion, sui)erinduccd by too rapid production, 
 
428 LEGISLATIVE HISTOKY 
 
 are liable at any time to pet in and produce a reaction that will be demoralizing, 
 damaging, and destructive to all classes of our people, and will not only ])ring an 
 et'onomic convulsion, but will also raise serious social pro])lems, difficult to meet 
 and adjust. There is, therefore, from this standpoint and view, an urgent demand 
 for a Department of Commerce, to act as an intermediary and support for the 
 American people in meeting and solving these problems. 
 
 (2) All the other countries of the world, great and small, have, with but few 
 exceptions, felt the need of such a governmental organ and help and have, in sul)- 
 ■stance, in one former another, such a department as is contemplated in this bill. 
 And what other countries have felttlie need and made use of we ought to avail our- 
 selves of, too. Without the help of such Department we will not be on a footing of 
 equality and will in many respects, as against our commercial and industrial rivals, 
 be handicapped and at a great disadvantage. 
 
 (3) All this has been apparent for a long time to our commercial and industrial 
 world. The boards of trade, chambers of commerce, and other similar organiza- 
 tif)ns of all our larger cities and industrial centers throughout the land, east and west, 
 north andsouth, with oneaccord, by memorial, resolution, petition, andletter, petition 
 and ask for legislation estaljlishing such a Department. The President of the United 
 States has seen the necessity and demand for such a Department, and hence in his 
 last annual message recommended the measure to Congress. 
 
 (4) There is further a cogent reason for the establishment of such department. It 
 is this: That some of the other departments are overloaded and overburdened with 
 work and duties foreign to their main and chief purpose and not germane to their 
 principal functions. This is especially true of the Treasury Department. The Interior 
 Department was establislied in 1849 to relieve the other de])ai'tments of some of their 
 burdens. Nearlj^ all the business assigned to it, in the first instance, came by trans- 
 fer from the other departments. It took the Patent and Census offices from the State 
 Department, Pensions and Indian Affairs from the War Department, and the General 
 Land Office from the Treasury Department. There is fully as much occasion and 
 necessity now for relieving some of the other departments of their burdens as there 
 was in 1849. There is also this further reason: That there are scattered in the various 
 Executive Departments divisions, Inireaus, and branches of the public service dis- 
 connected with and isolated from the principal functions of the department, but all 
 connected with and relating to our commercial and industrial development. If these 
 several divisions and branches of the public service can be grouped under one head 
 and be inade to articulate in harmony and for a common purpose and end, instead of 
 being isolated, they will become much more useful and effective and accomplish 
 much more good, l)oth singly and in the aggregate. 
 
 The bill estal)lishing the Department of Commerce makes it "the province and 
 duty of the Department to foster, promote, and develop the foreign and domestic 
 commerce, the mining, manufacturing, shipping, and fishery industries, the labor 
 interests, and the transportation facilities of the United States." It estal)lishes two 
 new bureaus which do not now exist — a Bureau of Manufactures, to foster, promote, 
 and develop the various manufacturing industries and markets for the same at home 
 and al)roacl, and a Bureau of INIining, to which is attached the Geological Survey, 
 charged with the duty of fostering, promoting, and developing our various mining 
 industries. The bill transfers from the Treasury Department the following branches 
 of the public service, which are not germane to and have not any direct connection 
 with the fiscal or financial affairs of the Government — to wit, Life-Saving, Light- 
 House, Marine-Hospital, and Steamboat-Inspection Service, Bureau of Navigation 
 and Shipping Commissioners, Bureau of Lnmigration, Bureau of Statistics, and 
 Coast and Geodetic Survey — and from the State Department the Bureau of Foreign 
 Commerce and consolidates with the Bureau of Statistics. 
 
 All the.se matters pertain not to the financial or fiscal affairs of the Government, 
 but Senators can all see that they have a direct relation to the vast shipping indus- 
 tries of the country. The bill transfers from the Interior Department the Commis- 
 sioner of Railroads, the Census and Patent offices, and also the {Geological Survey, 
 which is attachetl to the new Bureau of Mining. The Department of Labor and the 
 Commissioner of Fish and Fisheries, both outside of any Executive Department, are 
 also transferred to the new Department. 
 
 It will he perceived by a mere inspection that the branches of the public service 
 thus transferred to the Department of Commerce are all connected with and germane 
 to the work and duties assigned to the new Department. By securing harmony and 
 cooperation imder one head, and by causing them to articulate together and for one 
 great common ])uri)ose, all these branches of the public service will become more 
 useful and effective, anil in the aggregate will be able effectively to carry out and dis- 
 charge the work and duties of the new De])artment. 
 
LEGISLATn K lIISToKY 429 
 
 AVhllo tluM'oiisular servii'i', on ai'i-ouiit of it.-j (|na(^i-<li|)loiiiati<- cliaracter, in .«oine 
 caPos is still rctaitied by tlio State Department, nevertlu-less all our consular repre- 
 sentative's are, by the provisions of this hill, re<|nire(l, under tlie direction of the Sec- 
 retary of Conunerce, to ^rather an<l compile, from time to time, nseful and material 
 information and statistics in respi'ct to the conunerce, industries, and markets of tlie 
 countries and places to which such consular oilicers are accrediteil, and to send 
 reports (luarterly, or oftener if required, of the information and statistics thus gath- 
 ered and compiled to the Secretary. 
 
 The increase in salaries is moderate and quite limited — !?8,Jl)00 for the Secretary, 
 $4,000 for the Assistant Secretary, and s;!,0(H) for the Chief of the P.ureau of ManufaV- 
 tures. The tieological Survey beiuij transfi-rred and united with the IJureau of .Min- 
 ing, and the Chief of the (Jeological Survey l)eing made the liead of this Bureau, no 
 adilitional salary is involved. A limited clerical force will be recpiired in the Secre- 
 tary's ottice anil in the Bureau of j\Ianufactures, and a few additional clerks in the 
 Bureau of Mining and ( ieological Survey. ( )utsi(le of this there is no occasion for an 
 increase in the clerical force, as the l)ureaus and divisions transferred are now all 
 e(|nipped with an ample clerical force. In my opinion, from $50,000 to ?(iO,000 jx-r 
 year would fully cover all increase of salary involved in the e.stablishmeut of this 
 Department. 
 
 This Dei)artment, equipped as contemplated in this bill, will l)e a most potent factor 
 in our commercial and industrial development. It will aid us in extending our com- 
 merce at home and abroad. It will aid us in securing better and greater markets 
 for all American products abroad. It will protect our lalioring men against improper 
 immigration ami bring them in closer relation and better harmony with the employers 
 of labor. It will serve to remove the many clogs and draw])acks in our influstrial 
 development. It will breathe new life and vigor into the industrial life of the nation 
 and do for that what the Agricultural Department is doing so well and effectively 
 for the American farmer. 
 
 I desire to add a few words supplemental to this brief statement of the scope and 
 merits of the bill. This measure was originally prepared in the Fifty-fifth Congress 
 by the Senator from ^Slaine [^Ir. Frye], who so al)ly presi<les over the deliberations 
 of this l)ody. No action was taken on the bill at that time. In the last Congress the 
 bill was referred to a subcommittee, of which I had the honor of being chairman. 
 The bill was somewhat amended and reported favorably, I think, about; the middle 
 of the last session. It remained on the Calendar, and we were unable to reach it at 
 that time. The bill is now substantially the same, with some changes in phraseologj' 
 to improve its language, as that which was on the Calendar of this body during the 
 latter half of the last session. 
 
 Mr. Cl.\y. 'Will the Senator from jNIinnesota i)ermit me to ask hini a question? 
 
 Mr. Nelson. Certainly. 
 
 Mr. Clay. Is it not true that this measure came from the Committee on Commerce 
 at the last session of Congress with a unanimous report, and that it comes from the 
 Connnittee on Commerce at this nession with a unanimous report? 
 
 ]Mr. Nelsc^x. Certainly. I am glad the Senator from Georgia has called my atten- 
 tion to that fact. 
 
 Mr. Clay. Both political parties gave the bill their unanimous support, I under- 
 stand. 
 
 Mr. Nelsox. At the last session the Committee on Commerce had the l)ill under 
 consideration and went carefully over it, and there was a unanimous favorable report 
 from the connnittee, and the same connnittee, with some additional and new mem- 
 bers on it, at this session has reported it in the same manner. 
 
 Mr. Berry. Will the Senator from Minnesota yield to me for a moment? 
 
 Mr. Nelson'. Certainly. 
 
 Mr. Berry. I desire to state that I was not present in the committee, either at the 
 last session or at the present session, when the report was ordered. That is all I 
 wish to say about it. 
 
 Mr. Nelsox. I am not willing to take up the time of the Senate any further in 
 debating or discussing this question. I may add, however, that I have on my ilesk 
 a large bundle of letters, petitions, communic-ations, etc., from commercial Ixxlies, 
 chambers of conunerce, boards of trade all over this land, all earnestly favoring this 
 measure. I am willing to answer any (|uestions, if (|uestions are asked, but I am not 
 disposed further to take uj) tiie time of the Senate in del)ating the bill. If gentlemen 
 would like to hear an ex])lanation as to any i)articular })oint of tlu' l)ill, 1 shall be 
 very glad to exi)lain it, if 1 can. 
 
 Now, ]\[r. President, miless there is some other disposition, the bill having once 
 been read at length, I ask that it l)c read section by section for amendment. 
 
 Mr. Mallouy. ISlr. President, I desire to state, in reference to the statement made 
 
430 LEGISLATIVE HISTORY 
 
 here that the hill was unanimously reported hy the Committee on Commerce at this 
 session, that I was not present at the meeting when that report was ordered to T)e 
 made. I have not read the hill; in fact, I know nothing of its details, although 1 
 will state that I am disposed to favor a Department of Commerce. 
 
 ]\Ir. Teller. I wish to ask the Senator having the hill in charge whether he intends 
 to press it to a vote to-day. Is that the purpose? 
 
 IMr. Nelson. Not necessarily, if there are any objections. I do not intend to force 
 the measure at all. 
 
 Mr. Teller. A similar bill may have lieen reported at the last session of Congress. 
 If it was, nobody ever called the attention of Congress to it. I confess I never saw 
 it. I did not know it was here. This hill has appeared on our tables in print for 
 the first time this morning. Nobody has seen it. Nobody has had an opportunity 
 to see it. 
 
 Mr. CuLLOM. Will the Senator from Colorado allow me? I think a bill similar to 
 this passed the Senate at the last session. 
 
 Mr. Teller. I think not. It may be that there is necessity for this bill, V)ut I think 
 there is necessity for some amendments before it is passed. 
 
 Mr. Spooner. Will the Senator from Colorado allow me to ask him a question? 
 
 Mr. Teller. Certainly. 
 
 Mr. Spooner. I do so because of the Senator's great familiarity with the subject, he 
 having been Secretary of the Interior. Now that the entanglements of the Govern- 
 ment with the Pacific railways have been eliminated, what, under the law, are the 
 remaining functions of the Commissioiier of Railroads? 
 
 Mr. Teller. I do not think there are any. I think the othce of Commissioner of 
 Railroads could be abolished if it were not that there is a desire occasionally to put a 
 man in office. That is all there is in it now. 
 
 I wish to ask the Senator from Minnesota, who seems to have this bill in charge, 
 upon what theory the committee propose to transfer from the Interior Department, 
 which has charge of all our land interests, the Geological Bureau, which deals largely 
 wdth questions pertaining to mines and of late years somewhat with reference to sur- 
 veys of public lands and matters that pertain particularly to such lands. 1 wish to 
 know upon what theory that provision is put in. I think it is the first time it has 
 ever been })ut in, altliough I do not know. 
 
 Mr. Nelson. No; it was in the other bill. Will the Senator allow me to make an 
 explanation? 
 
 Mr. Teller. That is what I want. 
 
 Mr. Nelson. I will state that the Geological Survey, with which, of course, the 
 Senator is familiar, he having been at the head of the Interior Departnient. belongs 
 to tlie Interior Department. The work of the Geological Survey is confined largely 
 to exploring our mineral resources throughout the country and making reports on 
 that subject. Now, 'this l)ill proposes to transfer the Geological Survey, just as it is, 
 Avithout disturbing its functions in the least, to this new De])artment, and couples 
 with it a Bureau of JSIining, making the present head of the Geological Survey the 
 head of the new Bureau, termed the Bureau of Mining and Geological Survey. In 
 addition to the duties that are now imposeil upon the Geological Survey, it directs 
 the head of it to gather, compile, and furnish all valuable, necessary, and useful 
 information in respect to the mineral resources of the United States. It is simply 
 cumulative, and does not in any way change the scope and purpose of the Geological 
 Survey. It simply adds new duties and makes its head the head of the Bureau of 
 Mining and Geological Survey. 
 
 Mr. Teller. I should like to say that the Geological Survey has for years been 
 doing the very things they are to do hereafter. Whether they had authority to do 
 them or not, they have been doing them. 
 
 There is in the Land Office a nuning division, which deals with legal ([uestions 
 that come up concerning the entry and patenting of mining claims. Do 1 understand 
 that by this bill that Inireau will be transferred to the Geological Survey 
 
 Mr. Nelson. No, sir. 
 
 Mr. Teller. Where there is not 
 
 Mr. Nelson. Will the Senator allow me? 
 
 Mr. Teller. I do not see why it should not be, if you are to take the mining busi- 
 ness from the Interior Department, where it l)elongs, and put it in this new Depart- 
 ment. 
 
 Mr. Nelson. I will say, if I am not interrupting the Senator fi-om Colorado, that 
 we do not transfer 
 
 Mr. Teller. No; I am not making a speech. I am trying to get information. 
 
 Mr. Nelson. We do not transfer that division of the Interior Department relating 
 to mining to which the honorable Senator refers, because that division of the Inte- 
 rior Department is charged with passing upon the validity of mining claims and the 
 
legislativp: history 431 
 
 entry of niininfi claimp, ami mattors of tliat kind. Ail tliat pertains to entries of 
 land, wlietlier at.Mi(ulturai, tiinher, or mineral lands, must necessarily })eloMf; to that 
 Department, l)eeanse it is an adjudicatin-r and an ajiiK'Hate Department in respect to 
 tiittse mattei-s. The (ie(il()<iical Survey, tlie Senator will rcnuMuher, has nothinji to 
 do witii passing upon the validity of mineral claims. Tliat is foreij^n to its purixise. 
 The( ifoioLMcal Survey is transferred and its Director is made the head of the I>nrean 
 of ;\Iinin<:: and (icolo>:ical Survey, which is simply a Bureau of an advisory character, 
 to irather and compile and disseminate useful informatiou in respect to the mining 
 industries of the I'nited States. 
 
 Now, the other hranch of the service to which the honorable Senator refers, which 
 belongs to the Interior Department — I refer to the adjudication of and passing upon 
 mineral claims— it seems to me, and I think the Senator will agree with me, ought 
 to be left in the Department charged with i)assing upon our i)ublic-land (piestions. 
 That is the view I have taken of it, and if 1 am mistaken I shall be glad to liearfrom 
 the honoral>le Senator from Colorado, because 1 remeudx-r well that for many yi'ars 
 he was the very able and energetic head of that Department — one of the ablest men 
 who has ever had charge of that Department with whom it has been my pleasure 
 to do any business. 
 
 ^Ir. Tkli.kk. 1 nuist, of cour.se, be pleased w'ith the compliment which the Senator 
 has paid me, but I am now more interesteil in getting a reasonable and decent bill 
 than 1 am in my fame as Secretary of the Interior. 
 
 I do not know, and 1 do not believe the Senator does, and I do not believe any- 
 body else does, what jurisdiction the (ieological Bureau will have or assume after 
 tiiey get to work under tins bill. I want a little opportunity to see what this meas- 
 ure is going to do. The mining interests of the United States are now under the con- 
 trol of the Interior Deiiartment. There is no complaint anywhere, that I know of, 
 as to the admini.stration of affairs under the Dei)artment, except of the delav, which 
 is occasioned by the fact that the Department have not the force they ought to 
 have. Last year there were more mining properties entered and patented than in 
 any other year in our history, and the number will increase every year, undoubt- 
 edly. While I have no objection to the Geological Bureau making any geological 
 surveys and geological reports which they now make, which intimately and closely 
 coiniect the discovery and exploiting of veins, etc., I do not want it to be possible 
 that they shall l)e a mining bureau that can take charge in any way or manner of 
 the work that is now being done in the Interior Department. I think this bill will 
 need some little regulation liefore we get through with it. 
 
 Mr. Nelson. Will the Senator in this connection allow' me t(j say a few words 
 more? 
 
 Mr. Teller. Proceed. 
 
 Mr. Nelsox. I desire first to call his attention to section 6: 
 
 That the oflifo of Director of the Geolofrieal Survey, and all tliat pertains to the same, is hereby 
 transferred from tlie Department of the Interior to the Department of t'oimiierce; and there is hereby 
 established in the Department of Commerce a bureau to be known as the Bureau of Mining and 
 Geological Survey, of which the Director of the Geological Survey shall be the head; said Bureau — 
 
 Now, here is the language to which I wish to call the attention of the Senator: 
 
 Said Bureau shall have charge of the Geological Survey, and it shall also be its province and duty 
 to foster, promote, and develop the mining indu.stries of the United States by gathering, compiling, 
 and disseminating practical and useful information concerning the mineral resources and mining 
 industries of the United States, and by such other method.s as may be directed by the Secretary or 
 pre.seribeil by law. 
 
 Now, in this connection, permit me to call the Senator's attention to the last 
 proviso on page 7, line 19: 
 
 And proi'idcd fnrtlirr. That all laws prescribing the work and defining the duties of the several 
 bureaus, otiiees, departments, or branches of the i>ublic service by this act transferred to and made a 
 part of the Department of Commerce shall, so far as the sameare not in conflict with the provisions of 
 this act, remain in full force and effect until otherwi.se provided by law. 
 
 Now, the jurisdiction over mineral lan<ls and mineral entries and all that, to which 
 the Senator refers, is not disturl)ed in the least bit. It leaves the (ieological Survey 
 with exactly the scope and power it has now, and then entails upon it the duty of 
 acquiring and disseminating useful information in re.spect to our mineral resources. 
 It in no wise di.^turbs the mineral administration of the Land Department. 
 
 ]Mr. Teller. That may be true. What I wanted the Senator to tell jne, wliich 
 he has not told me, is upon what theory the geological work is proposed to be put in 
 the Department of Connnerce. It naturally belongs wliere it is. 
 
 Mr. Nelson. While this Dejiartment is termed the Deiwrtment of Commerce, 
 T will say to the honorable Senator from C<il<irado that in tlie original bill it was 
 called the Department of Commerce and Industries. 
 
 Mr. Teller. I think that would be a better term fc)r it now. 
 
432 LEGISLATIVE HISTORY 
 
 Mr. Nelson. We tliouglit at thi.s time, coinparmg it with the terminology as to 
 other departments, that it would be better to leave it with a single name. We have 
 a Department of State, a Department of War, a Department of the Navy, a Post- 
 Office Department, a Department of Justice, and so on, ail with one single name, 
 and so we thought, as a matter of simplicity, that it was Ijetter to have one single 
 name in this instance and to call it the Department of Commerce. 
 
 Now, we grouped it under this head for this purpose. The mining industries of 
 the United States are of great importance. They are perhaps next, or nearly so, to 
 our great agricultural interests. The Senator is familiar with the work of the Geo- 
 logical Survey. 
 
 In addition to that, this new Department is required to gather and compile statis- 
 tics and information in respect to our mineral and mining resources and to dissem- 
 inate it among the public. That is the object and purpose of it, and inasmuch as 
 that is a matter which ))ears upon our commercial and industrial interests, we thought 
 it prf)per to group it in this De])artment. 
 
 I have heard no ol)jection from any of the departments in respect to this matter. 
 All of the heads of the different departments are familiar with this bill, and from 
 not one liead of a department am I advised, directly or indirectly, that there is any 
 objection to the transfer of this l)ureau or any other bureau. 
 
 Mr. Teller. If there is to be a mining Bureau established, and it does not do any 
 more than the Senator says it does, it is not worth while to establish it, because that 
 work is now being done l)y the Geological Bureau, and nobody is finding any fault. 
 There has been entertained by the miners a notion that they ought to have a bureau, 
 but this will not answer their demand by any means. 
 
 ]Mr. President, so far as I am coiu'erned, I want a chance to look at this bill. I 
 have not seen it l)efore. It is a very imjiortant bill. It cuts into the departments 
 that exist without, it seems to me, rhyme or reason, and it will make a Department 
 bigger than some of the old departments are. I do not think the bill ougiit to be 
 taken up at this time and in this way. As I said, the bill has been printed only this 
 morning, and the report has just been printed. I do not ask to displace the bill, but 
 it ought to go over by consent until some of us can have a chance to look at it. 
 
 Mr. LoixiE. Mr. President, I am very strongly in favor of this bill. I l)elieve it 
 to be eminently desirable. I shall at the proper time offer one or two slight amend- 
 ments in regard to tlie method of transferring the commercial statistics from the 
 State Department to tliis i)ropose<l De]>aitnient, and I think that the Senator in charge 
 of the bill will have no objection to them when I i)resent them. 
 
 It is very proper that everything which comes from our consuls relating to the 
 statistics of commerce and conveying information as to the opportunities to develop 
 commerce in foreign countries should fall under the new Department. But it is 
 important to remember that the consuls also report, as it is their duty to do, a great 
 deal of political and dij^lomatic information. Much of that ought not to be printed; 
 much of it is confidential. In many places the consuls, although they are not diplo- 
 matic representatives, jierform the duties of diplomatic representatives, owing, per- 
 haps, to their distance from the center where the minister or ambassador may he or 
 to the fact that they are representing this Government in a colony or dependency of 
 some other power. It is therefore important, Mr. President, that before their com- 
 mercial and statistical information is turned over to the Department of Commerce 
 it should pass through the hands of a representative of the Secretary of State in the 
 State Department. 
 
 The amen<lments which I propose to offer are mere matters of detail and do not 
 affect the i)urpose of the bill in seeking to transfer commercial statistics from the 
 the State Department to this new Department. I do not wish to be understood as 
 in any sense opposing this bill. I desire merely to offer amendments which I think 
 will improve it and make more specific the transfer that is there intended. 
 
 This, I believe, is the only work transferred from the State Department. The 
 other transfers come from the Interior and the Treasury Departments. I believe 
 those Departments to be now greatly overcrowded with work. A great many hetero- 
 geneous and dissimilar subjects are crowded in upon them. I believe it would make 
 for good administration to have them systematically concentrated under one head, 
 as proposed in tliis bill, and I am only sorry that, in arranging for one of the surveys 
 to go there, the conunittee did not provide that all the surveys should lie concen- 
 trated under one bureau of surveys, which should be in the new department or in 
 some department, instead of having four or five or half a dozen surveys going at 
 once at enormous exjiense, and not yet able to jtroduce a good topographical map of 
 the United States. 
 
 I think the bill might perhaps l)e improved in tliat way, but that is in the direc- 
 tion of extending the measure and not cutting it down. As I read the bill, I believe 
 most of the bureaus proposed to be transferred are instrumentalities of commerce, 
 
LEGISLATIVE HISTORY 433 
 
 and I think it wnnld make very nmfh for good administration to bring them 
 togetiuT under a new department, and I can not see that it would not improve both 
 the Interior and the Treasury Departments to 1)0 somewhat reHeved, for they are 
 now very greatly overloaded with all kinds of work. But in discussing the l)ill it 
 may be found betti'r to take in some things and leave out otliers. I ho])e the Sen- 
 ator from ^Minnesota will press the bill now, while the Senate is not engaged with 
 any other matter requiring immediate attention, for I think it would be very 
 desirable if we eould deal with it at this early day in the session. 
 
 Mr. H.M.K. Mr. President, the bill is ivrtainly a great innovation and a great sur- 
 prise to some Senators. I have nt)t known what was in it or what was contemplated 
 l)y it until this morning. "Whether it received discussion and scrutiny in the impor- 
 tant Connnittee on Commerce 1 do not know, but I have been told that it passed 
 without any discussion, and that the Senator from Minnesota was directed to report 
 it 
 
 Mr. Nelson. Will the Senator from Maine allow me to interrupt him at this 
 point? 
 
 Mr. H.\i>E. Certainly. 
 
 Mr. Nelson. I will say that this same bill, or snlistantiall)' the same bill, with the 
 exception of a few verbal changes, was lirought up before the Committee on Com- 
 merce at the last session and fully considered by everybody present. There was 
 quite a comprehensive and lengthy report, which was read at length, and, barring 
 one or two members who were absent, every member of the connnittee fully under- 
 stood it. It was fully debated, and, so far as I know, the committee are unanimous. 
 
 Mr. CrLLO>L May' I interrupt the Senator from ^Minnesota for a moment? 
 
 Mr. Nelson. Yes, sir; but 1 am speaking in the time of the Senator from Maine. 
 
 Mr. CuLLOM. Will the Senator from Maine allow me to make a remark? 
 
 Mr. Hale. Certainly. 
 
 Mr. CuLLOM. I stated a while ago that I understood a similar bill had passed this 
 bod J- at the last session. I find I was mistaken in that statement. It was not passed 
 at the last session or at any other session, but I remembered distinctly that such a 
 bill was reported by the Senator from Minnesota either at the last session or the one 
 before, and at that' time there seemed to be no opposition to it. I failed to remem- 
 ber the fact that it was not actually passed. I thought it went through the Senate 
 and was sent to the other House, but I find I was mistaken. I desired merely to 
 state this fact. 
 
 Mr. Nelson. Will the Senator from Maine allow me to make a suggestion? 
 
 Mr. H.\le. Certainly. 
 
 Mr. Nelson. I have no disposition to hurry this matter, and I suggest to the Sen- 
 ator from INIaine and the Senator from Colorado that we let the bill go over and take 
 it up to-morrow at the close of the morning business. Can we agree to that? 
 
 Mr. Hale. The Senator from Illinois [Mr. IMason] has given notice that he will 
 address the Senate, or seek to do so, to-morrow after the close of morning business, 
 upon a subject which will give rise to extended controversy, and that will have 
 precedence. I should not want, for one, to agree 
 
 Mr. Nelson. Very well; I overlooked that fact. Then I would suggest Wednes- 
 day, at the close of the morning business. 
 
 Mr. Jones, of Arkansas. Will the Senator allow me to suggest that the limited 
 number of Senators present ought not to undertake to determine what the Senate 
 will do on Wednesday. The Senator from Minnesota can move to take up his bill 
 whenever he pleases, after the morning business is disposed of, and there is no doubt 
 the Senate will go ahead with it; but there ought not to he any attempt to secure 
 unanimous consent for a proposition of that sort, in view of the limited number of 
 Senators now present. 
 
 Mr. Nelson. I ask unanimous consent — I think there will be no objection — that 
 this bill may remain as the unfinished business. 
 
 Mr. Hale. It is the unfinished business. 
 
 Mr. Nelson. I ask unanimous consent that it remain as the unfinished business. 
 
 Mr. Hale. The Senator does not need to do that. 
 
 Mr. Teller. It will remain the unfinished tiusiness unless displaced. 
 
 Mr. Jones, of Arkansas. No; it is not the unfinished ])usinc.ss. 
 
 IMr. Hale. It has been taken up l)y a vote of the Senate, and is the unlinished 
 business. 
 
 Mr. Jones, of Arkansas. No, sir; it is not the unfinished business. When there is 
 an unfinished business, it is taken up at 2 o'clock, having been under consideration 
 when, on a previous day, the Senate adjourned. But when measures which are 
 taken up in the morning hour are not concluded they return to the Calendar, and 
 they have no right other than that growing out of their position on the Calendar. 
 
 27628—04 28 
 
434 LEGISLATIVE HISTOEY 
 
 Mr. Hale. The Senator from Arkansas is correct, as this bill was taken up in the 
 morning hour. 
 
 I think the Senator in charge of the bill, as it is a matter which he knows to be of 
 the greatest importance and some of us have had no time to consider it, had better 
 let the bill go over, and then use his own discretion as to when he will move to take 
 it vip again. The Senate can be trusted with that. He can get the bill up when he 
 moves to take it up, but I do not think the Senator will want to estoi> any Senators 
 who desire to discuss the bill fully. 
 
 Mr. Nelson. Not at all. 
 
 Mr. Hale. Of course, he would not make progress with his bill by pursuing such 
 a course. Therefore I suggest to the Senator that it go over now, and then the 
 Senator can exercise his discretion in calling it up again. 
 
 Mr. Nelson. Very well. I have no disposition to make undue haste; I am quite 
 willing to have the measure fully considered. 
 
 The Pkesiuing Officer. The l)ill will retain its place on the Calendar. 
 
 Mr. Nelson. Let it retain its place. 
 
 Mr. Hale. Yes. 
 
 The debate was again taken up in the Senate on January 10, 1002, 
 as follows: 
 
 Mr. Nelson. I ask unanimous consent for the jjresent consideration of Senate bill 
 569, to establish the Department of Commerce. 
 
 The President pro tempore. The Senator from Minnesota asks unanimous consent 
 that the Senate proceed to the consideration of the bill (S. 569) to establish the 
 Department of Commerce. Is there objection? The Chair hears none, and the bill 
 is before the Senate, as in Committee of the Whole, under Rule VIII. 
 
 Mr. Nelson. I ask unanimous consent that the bill be considered without: refer- 
 ence to Rule VIII, so as not to limit debate. 
 
 The President pro tempore. The Senator from Minnesota asks unanimous consent 
 that the further consideration of this bill be had without the limitation of debate 
 contained in Rule VIII. 
 
 Mr. Nelson. And without any other limitation of the rule. 
 
 The President pro tempore. Is there objection? The Chair hears none, and it is 
 so ordered. 
 
 The Senate, as in Committee of the Whole, resumed the consideration of the bill. 
 
 Mr. Nelson. I now ask that the bill be read for amendment. It has already been 
 read at length. 
 
 The President pro tempore. There is one committee amendment, and that has 
 not yet been stated. 
 
 Mr. Nelson. The Senate has not yet acted on any amendment. There is one com- 
 mittee amendment, and after that is acted upon there will probably be two or three 
 other amendments offered. 
 
 The President pro tempore. The amendment reported by the Committee on Com- 
 merce will be stated. 
 
 The Secretary. The Committee on Commerce reported an amendment to the bill, 
 to insert as a new section the following: 
 
 Sec. 10. That all power and authority heretofore possessed or exercised by the head of any Execu- 
 tive Department over any bureau, office, branch, or division of the public service, by this act trans- 
 ferred to the Department of Commerce, or any business arising- therefrom or pertaining thereto, 
 whether of an appellate or revisory character, or otherwi.se, shall hereafter be vested in and exer- 
 cised by the head of tlie .said Department of Ciimnierce. And all acts or parts of acts inconsistent 
 with this act arc, so far as so inconsistent, hereby repealed. 
 
 The amendment was agreed to. 
 
 Mr. Nelson. In line 8 on page 2, section 2, after the words "chief clerk," I move 
 to insert the words "and a disbursing clerk;" so as to read: 
 
 There shall also be one chief clerk and a disbursing clerk and such other clerical assistants as may 
 from time to time be authorized by Congress. 
 
 The amendment was agreed to. 
 
 Mr. Nelson. I now offer an amendment to come in at the end of line 10 of the 
 same section. The object of this amendment is to have the Auditor of the State and 
 other Departments audit the accounts of the new department as he does those of the 
 other departments. This is in the language of the law in respect to the other 
 departments. 
 
 The President pro tempore. The proposed amendment will be stated. 
 
LEGISI^ATIVE HISTORY 435 
 
 The Secketaky. At tlu* end of seetioii 2, on pajjje 1', line 10, after llic won! "Con- 
 gress," it is projiosed to insert: 
 
 And the Aiulitor of the State unci other Departments sliall receive all accounts accrning in or 
 rehitive to tlie Department of Commerce and examine the same, and tliereafter certify tlie balance 
 and transmit the amounts of the vouchers and eertilicates to the Comptroller of the Treasury for his 
 decision thereon. 
 
 The anieiKhnent was a<iree<l to. 
 
 INIr. Nki.son. On pa.^'e ;>, section 4, line 7, after the words "and that," I move to 
 strike out the words "the oihee of Commissioner of Railroads." 
 
 I desire to explain that antendinent to the Senate. When this hill was orijiinally 
 prepared at the last Con<iress the ofiice of Conmussionerof Railroads was an existinf? 
 otfice. It had est-aped my attention that in an appropriation hill at the last Congress 
 provision was made for alx)lishing the ollice, and the othee of Commissioner of Rail- 
 roads was abolished, to take effect on the 30th of June last. tSo there is no longer 
 such an otiiee. 
 
 The President {iro tempore. The amendment projjosed hy the Senator from Min- 
 nesota will he stated. 
 
 The Secrictakv. On page 8, section 4, line 7, after the words "and that," it is pro- 
 posed to strike out "the office of Commissioner of Railroads." 
 
 Tlie amendment was agreed to. 
 
 Mr. Lodge. I desire to offer an amendment, which I shall explain, as well as one 
 or two subsequent minor amendments, which I am going to offer in a moment. On 
 page 4, section 4, line 6, I move to strike out the first word, "relating," and insert 
 ' ' 2)ertaining exclusively. ' ' 
 
 ITnder the clause, as now broadly drawn, all the archives of the Consular Bureau 
 in the State Department, covering a great deal of diplomatic correspondence, would 
 ])e transferred to this new department. 1 know that such is not the intention of the 
 l)ill, and I therefore suggest the change, striking out the word "relating," and insert- 
 ing the words "i)ertaining exclusively," so as to confine the transference of the 
 archives from the Consular Bureau to those which relate to coirimerce and statistics. 
 
 The Presiuext pro tempore. The amendment proposed hy the Senator from 
 Massachusetts [Mr. Ix^dge] will be stated. 
 
 The Secretary. On page 4, section 4, at the beginning of line 6, it is pro])osed to 
 strike out the word "relating," and to insert the words " pertaining exclusively," 
 so as to read : 
 
 That theofficial recordsand papers now on file inand pertainins- exclnsively to the business of any 
 bureau, ollice, department, or branch of the imblic service in this a<t translVVred to the Department 
 of Commerce, together with the furniture now in use in sucli bureau, oflicc, department, or branch 
 of the public service, shall be, and hereby is, transferred to the Department of Commerce. 
 
 Mr. Nelson. I caii see no objection to that amendment. 
 
 The amendment was agreed to. 
 
 Mr. Lodge. I suggest in line 10, in the same clause, after the word "hereby," 
 to strike out the word " is " and to insert the word "are;" so as to read, "and hereby 
 are, transferred to the Department of Commerce." 
 
 The amendment was agreed to. 
 
 Mr. Lodge. On i)age 5, I desire to offer two or three siDall amendments, all of 
 which have a common jnirpose, and that purpose is to leave it within the control of 
 the State Department to separate in the consular correspondence those portions 
 which are diplomatic and political from those which are commercial, so that the 
 commercial part may all l)e transferred to the Department of Commerce, but that 
 anything dijilomatic or political shall be retained in the State Department. That 
 work, of course, must be done in that Department, in my opinion. 
 
 I shall offer a further amendment at the end of the 1)ill, providing for an officer 
 in the State Department to take charge of that specific work, which, of course, has 
 hitherto been performed by the Bureau of Foreign Coimnerce, which it is now pro- 
 posed to transfer to the new Department. 
 
 In line 6, section 5, page 5, after the words "Secretary of," I move to strike out 
 "commerce" and insert "State," so that the consuls, etc., shall act under the 
 directioii of the Secretary of State. It seems to me it is improper for them to have 
 two masters. 
 
 The President jiro tempore. The amendment proposed by the Senator from 
 Massachusetts will be stated. 
 
 The Sectietary. On page 5, section 5, line (i, after the words "Secretary of," it is 
 proposed to strike out " commerce" and insert "State;" so as to read: 
 
 And all consular officers of the United Stales, includinj,' consul-generals, consuls, and commercial 
 agents, are hereby reijuired, aiid it is made a part of tlieir duty, undiT the direction of Ihe Secretary 
 of State, to gather and compile, from lime lo time, useful and materia! information and statistics in 
 respect to the commerce, industries, and inarkets of the countries and places to which such consular 
 officers are accredited. 
 
436 LEGISLATIVE HISTORY 
 
 Mr. Nelson. There is no objection to the amendment. 
 The amendment was agreed to. 
 
 Mr. Lodge. In the same section, on page 5, line 7, after the word "time," I move 
 to insert "upon the request of the Secretary of Commerce;" so as to read: 
 
 To gather and compile, from time to time, upon the request of the Secretary of Commerce, useful 
 and material information, etc. ' 
 
 The amendment was agreed to. 
 
 Mr. Lodge. In the same section, on })age 5, line 10, after the words " to send," I 
 move to insert " under the direction of the Secretary of State;" so as to read: 
 To send, under the direction of the Secretary of State, reports quarterly, or oftener if required, etc. 
 
 The amendment was agreed to. 
 
 Mr. Lodge. I now offer as a new section, to come in at the end of the bill, an 
 amendment providing for the appointment of an officer in the State Department, 
 whom I have already described, to go over these reports and separate the portions 
 which are to go to the Department of Commerce. 
 
 The President pro tempore. The amendment will be stated. 
 
 The Secretary. It is proposed to insert as a new section the following: 
 
 Sec. 11. A person to be designated by the Secretary of State shall be appointed to formulate for the 
 instruction of consular otlicers the requests of the Secretary of Commerce, and to prepare from the 
 dispatches of consular (illicer: . for traiisuiissiou to tln' Secretary of Commerce, sucli inlorination as 
 pertains to the work of the Department of ( "omnierce, and such person shall have the rank and salary 
 of a chief of bureau and be furnished \yitli such clerical assistance as may be deemed necessary by 
 the Secretary of State. 
 
 Mr. Bacon. Mr. President, I should like to inquire of the Senator from Massachu- 
 setts whether the powers therein conferred upon this new officer in any manner 
 differ from the powers now enjoyed l)y the officer whom it is sought to replace? 
 
 Mr. Lodge. The whole Bureau of Foreign Commerce in the State Department, 
 which has now charge of the consular reports, is by this bill transferred to the 
 Department of Commerce. 
 
 Mr. Bacon. I so understand. 
 
 Mr. Lodge. And the Secretary of State, as I understand, needs somebody to do the 
 work which the bill imposes on his Department; that is, to go over all these consular 
 reports, separate the commercial ])art and send it to the new Department, and also to 
 transmit to the consuls their instructions, the object being to retain the work of 
 editing the consular reports in the State Department, which I think is very essential, 
 because that is the diplomatic and political Department. 
 
 Mr. Bacon. I quite agree with the Senator, and I quite understood from what he 
 had previously stated what he now says; but that does not reply to the inquiry 
 which I made, which was whether the numerous powers and duties in the amend- 
 ment offered by the Senator, which are to be enjoyed by the new officer created by 
 the amendment, in any manner differ from the powers and privileges now enjoyed 
 by the officer who is to be transferred to the Department of Commerce. What I 
 desire to know is, whether this amendment clothes the new officer of the Depart- 
 ment of Commerce with the same powers which the officer now in charge of that 
 Bureau in the State Department has. 
 
 Mr. Lodge. That, I understand, is the purpose and object of the amendment. Of 
 course, the work now is all done in the State Department, and, as I understand it, 
 the head of the Bureau of Foreign Commerce, under the direction of one of the 
 assistant secretaries, edits these rei;)orts for publication. The commercial portions 
 are all published by the Department. Those portions which it is considered inad- 
 visable to publisli are lield in manuscript in the Department. The officer who does 
 that, if I am correctly informed, is to l>e transferred to the Department of Commerce, 
 where he will l)e simply a compiler of statistics, and the duties in the way of editing 
 and separating the political and diplomatic information require a new officer for 
 their performance in the State Deiiartment. 
 
 Mr. Bacon. I certainly am extremely inifortunate that I can not express myself 
 in such a manner that the Senator will catch the jiurport of my inquiry. It is my 
 fault, I suppose. 
 
 Mr. Lodge. I beg the Senator's pardon. It is my slowness of apprehension, I 
 have no doubt. 
 
 Mr. Bacon. Taking all the fault to myself, I w'ill repeat the inquiry. It is not as 
 to the necessity for this new officer. I did not ask that. I recognize that from what 
 the Senator has stated. But the amendment offered l)y the Senator confers certain 
 powers on and enumerates certain duties of-the new officer. The inquiry I make of 
 the Senator is this: Are those duties and those jiowers the same as the duties and 
 the powers of the chief of this Bureau which is to be transferred to the new Depart- 
 
LEGISLATIVE HISTORY 437 
 
 raent, or does this amendnu'iit confer upon tlic new ollircr otlicr iliitics and other 
 powers, which tlu' present o ( lice r does imt enjoy'.' 
 
 Mr. LoiKiK. I understand tiiat all those jioweis are now existent in the ollicer of 
 the State Department. 
 
 Mr. liAfON. One otlier (juestion, Mr. President. Tliou<,di I tiiiniv that onj^ht to he 
 carefully looked into, I think the Senator ou<,dit to he ahle to state definitelv whether 
 it is so 
 
 Mr. LoDCK. If the Senator wants nie to i)ut the lanjiuage more strongly, 1 will say 
 I know that to he the case. 
 
 Mr. Hacon. That is entirely satisfactory. 
 
 Mr. LoiMiE. Except, of course, it is modilied, as the Senator understands, hy tlie 
 fact that tlu'se statistics are to go to tlie new Department instead of heing puhhshed 
 hy the ohl one. 
 
 Mr. Bacon. I understand, hut one other inquiry. Of course we have not tlie 
 amendment l)efore us, and can only catch it from the reading at the desk. Does 
 this amendment confer any rank upon the new officer other than that enjoyed hy 
 the present officer? 
 
 Mr. LoiKJE. It makes him the chief of a hureau. 
 
 Mr. Bacon. What is the position of the ])resent officer? 
 
 Mr. Lodge. The present officer is the chief of a hureau, who, of course, acts under 
 the direction of one of the Assistant Secretaries of State. 
 
 Mr. Bacon. As this one will also? 
 
 Mr. Lodge. As this one will also. 
 
 Mr. Spooner. I should like to have the amendment again read. 
 
 The President pro tempore. The amendment will be again stated. 
 
 The Secretary. It is proposed to insert as a new section the following: 
 
 Sec. 11. A person to be desig-nated by the Secretary of State shall be appointed to forninlato for the 
 instruction of consular officers the rennests of the Secrelaiyof ConuiuTce and to i>repare from the 
 dispatches of consular officers, for transmission to the Secretary of C'onimercc, such information as 
 pertains to the work of the Department of Commerce, and such person shall have the rank and salary 
 of a Chief of Bureau and be furnished with such clerical assistance as may be deemed necessary by 
 the Secretary of State. 
 
 Mr. Hale. Mr. President, somewhere in the bill that I saw as originally reported 
 was a provision that our consuls at foreign ports should report to the Secretary of 
 this new Department. 
 
 IVIr. Spoonek. That is on page 5. 
 
 Mr. Hale. That seemed to me to be faulty. Now, if the object of the Senator 
 from Massachusetts []Mr. I^odge] is to cure that defect, he has in view precisel}^ what 
 I had, as to which I had proposed to offer an amendment — that instead of the con- 
 sular officers, who are officers of the State Department and appointed by the State 
 Department, as they ought to be, and reporting to the State Department, as it seems 
 to me they ought to do, the provision originally, as I understooil it, was that they 
 should have a divided allegiance and report directly to another Department, which 
 seemed to me not a good thing to do. As I understand this amendment, instead of 
 that the Senator proposes that this information shall be gathered by the consuls as 
 how and reported to the State Department as now, and that the Secretary of State 
 shall then, in some way that is prescribed, communicate this information, these 
 facts, and these statistics for the information of the new Secretary. Is that the 
 purpose? 
 
 Mr. Lodge. That is my purpose. I think perhaps the Senator from INIaiue was 
 not here when certain amendments of mine on page 5 Avere adopted, to which this 
 amendment is supplementary. 
 
 I\Ir. Hale. No, I was not here. What is that amendment on page 5? 
 
 Mr. Lodge. On page 5 the bill has been so amended as to read: 
 
 And all consular officers of the United States, including consul-generals, consuls, and commercial 
 agents, are hereby required, and it is made a part of their duty, under the direction of the Secretary 
 of State — 
 
 Mr. Hale. That is the provision to which I allude. 
 
 Mr. Lodge. The Senate has stricken out the word "commerce" and in.serted the 
 word "State," so as to read: "Secretary of State." I am reading the provision as 
 it has been amended. 
 
 Mr. Hale. That is proper. 
 
 Mr. Lodge. The clause continues — 
 
 to gather and compile, from time to time, upon the request of the Secretary of Commerce, useful and 
 material information and statistics in respect to the commerce, industries, and markets of the coun- 
 tries anil i)laces to which such consular officers are accredited, and to send, under direction of the 
 Secretary of State, reports (juarterly, or oftener if required, of the information and statistics thus 
 gathered and compiled, to the Secretary of the Department of Commerce. 
 
438 LEGISLATIVE HISTORY 
 
 So that it relieves them from two masters. 
 
 Mr. Hale. And does not in any way impair or undermine either the duties or 
 dignities of the office of Secretary of State? 
 
 Mr. Lodge. Certainly not. 
 
 Mr. Hale. I think that ought not to be done. 
 
 Mr. Lodge. It leaves him entirely in control of the consular service, as he ought 
 to be, and authorizes the Secretary of the new Department of Conmierce to say: "I 
 want such and such information," and then the Department of State transmits it to 
 the Department of Commerce. This is to permit an officer to do the work of editing 
 and separating the consular reports. 
 
 Mr. Hale. I think, then, the bill has been very greatly improved. The State 
 Department has not much real business to do, except in relation to the consular serv- 
 ice. The diplomatic part — the part that is performed by ambassadors, ministers, 
 and ministers resident — is more a matter of negotiation, which is ordinarily done 
 outside of these offices; but the time when the State Department touches real 
 business, the transaction of business of commerce in relation to which our citizens 
 abroad have any interest, all comes under the consular service, and it is about all, as 
 I have said, of real business that there is in the State Department. I sliould not, for 
 one, be willing to consent that the duties of the Secretary of State or his responsi- 
 bilities or his dignity should be impaired, and I was proposing to offer a similar 
 amendment, which the Senator has done in much better form than I could have 
 done it. To that extent I think it improves the l)ill. 
 
 Of course, Mr. President, the bill is what I would call a very great enterprise very 
 suddenly launched ujion us. That makes a larger dei)artment than any one left in 
 the Government. If I may be permitted to say it, it does not begin in a modest way, 
 but it ransacks all the departments, selects bureau after bureau without apparent 
 reason, dumjis them into this bill, and makes a new Department and a new Secretary, 
 with larger duties than any other Cabinet minister. 
 
 The administrative duties of the Secretary of the Treasury, after his Department 
 has been stripped and ransacked will not be as great as those of this new Secretary. 
 He takes charge of these great bureaus that have from the time of the establishment 
 of the Government been in the Treasury Department and, so far as I know, satisfac- 
 torily administered. 
 
 The bill is called "A bill to establish the Department of Commerce," and the 
 subjects-matter that are in it have not so much relation to commerce as light has to 
 darkness. Why should the Census Bureau — a pure matter of internal consequence, 
 internal business, in a great Department dealing witii the internal affairs of the 
 country, the population of the country — why should that be put into the Department 
 of Commerce? Before the l)ill is concluded — I am waiting now for the figures and 
 statistics — I hope to be able to show that if the Coast and Geodetic Survey, dealing 
 with science, not with commerce, is to be taken from the Treasury, it should not be 
 put into this Department, but into the Navy Department. 
 
 Mr. Nelson. If the Senator will allow me to interrupt him 
 
 Mr. Hale. Certainly. 
 
 Mr. Nelson. We have been perfecting the bill by amendments, and I was coming 
 to that feature of the bill, and was going to submit the question as to the Coast and 
 (leodetic Survey to the Senate. I understand— if I am not taking up the time of the 
 Senator 
 
 Mr. Hale. I yield with great pleasure. 
 
 Mr. Nelson. I understand there has been some controversy between the Treasury 
 Department and the Department of the Navy as to that matter. In view of that fact, 
 it is my impression that we had better leave it out of this V)ill and leave the question 
 to be settled subsequently as to whether it should remain in the Treasury or go to the 
 Navy Department. To be candid and to express my own individual opinion, in view 
 of the work which that Bureau or branch of the service performs, I think its duties 
 would 1)6 more appropriate and more germane to the Department of the Navy; and 
 if the Senator will allow me and has no objection I will move to strike that out of 
 the bill. 
 
 Mr. Hale, I have no objection, but we are eliminating so much here that we had 
 better make one mouthful of it and transfer that Bureau to the Navy Department. 
 The truth is — I will not interrupt the Senator, of course 
 
 Mr. Nelson. The Senator is entitled to the floor, not I. 
 
 Mr. Hale. The truth is, that we are getting to have half a dozen different navies, 
 Mr. President, and we ought not to. We have got a navy in the Life-Saving Service; 
 we have got a navy in the Light-House Board; we have got a navy in the Revenue- 
 Cutter Service; we have got a navy in the Marine-Hospital Service; we have got a 
 navy in the Coast and Geodetic Survey, and I suspect it will not be long before my 
 
LEGISLATIVE HISTORY 439 
 
 ontorprisinp; and stirring friend, who is at tlic lit-ad of tlic (iooloi^iral Survey, will 
 want a navy. We ouf^lit to have ])nt one. 
 
 Mr. MoNKY. Will the .Senator allow me? 
 
 Mr. Halk. Ye.<. 
 
 Mr. MoNKV. Has not thr Treasury Department a navy in tlic l\evemic-( 'utter 
 Service? 
 
 Mr. Hai.e. 1 think 1 mentioned that. 
 
 Mr. MoNKV. I l)e<jj ])ardoii. I did not hear tlu- Senator. 
 
 Mr. Tn.i.MAN. ]\Ir. I'resident 
 
 The Pkesiuent pro tempore. Doe.s the Senator from ^Maine yield to the Senator 
 from South Carolina? 
 
 Mr. Hale. I will yield to the Senator from South Carolina. 
 
 Mr. Tillman. I yimply want to refer to one other navy, ami that is the army 
 transport service, which is assuminfj; magnificent })njportions, and about which I 
 have heanl .some little scandal. 
 
 Mv. LoD(iE.» That is being steadily abolished and reduced, I will say for the infor- 
 mation of the Senator from South Carolina. 
 
 ^Ir. Hale. All these suggestions are precisely in the line of what I am trying to 
 bring forward before the Senate. Here is an attempt — and in itself, if kept in proper 
 limits, a wi.^^e attempt — to bring different branches that are in some degree cognate 
 in their duties under one head; but while we are about it we ought not to divide 
 and put the various duties of these bureaus into a new Department where they 
 naturally do not belong, and take them from another where they do belong. 
 
 The Navy Department at one time practically administered the duties of the Coast 
 and (leodetic Survey, furnishing accomplished officers who led their parties and 
 who conducted to a considerable degree their surveys and triangulations. It was 
 then as etiicient a service as it has ever been since, and a Senator on my right .says a 
 great deal more so. I am inclined to think he is correct about that. 
 
 I want to get my figures — I do not expect, of course, that the bill will pass to-day, 
 because there is a great deal in it that we want to discuss — but after I get my figures, 
 I think I shall move an amendment to transfer the Coast and Geodetic Survey to 
 the Navy Department. The Senator in charge of the bill, wdio is, I think, reason- 
 al)le in his condu^'t of it in every way, sees the force of the objection that that Sur- 
 vey should not be in this bill and is inclined to let it go out; but while we are 
 launching upon the work of reassorting and rearranging bureaus we might as well 
 do the whole business here. When the proper time comes I think I shall make the 
 motion which I have indicated. I will not make it at present. 
 
 Mr. Money. Will the Senator from Maine jiermit me a moment? 
 
 Mr. Hale. Yes. 
 
 Mr. INIoNEY. I desire to suggest to the Senator from Massachusetts [Mr. Lodge] 
 that he have his amendment printed and referred to the Committee on Foreign 
 Relations, as it touches the State Department somewhat. I think that would be the 
 projjer course if it meet his approval. 1 do not want to make the motion, however. 
 
 Mr. LoDCiE. The amendment now pending simply creates an officer at the head 
 of a new bureau. It does not require to be entirely germane and it does not require 
 any action by another committee. ' 
 
 Mr. Money. I have no desire to make a motion. I merely made the suggestion. 
 I should like to see it in print. 
 
 Mr. LoDOE. It will be printed to-morrow. I think when the Senator looks at it 
 he will see that it is a very small matter. It is the creation of only one office. 
 
 Mr. Money. As I understood, the Senator proposed the immediate consideration 
 and adoption of the amendment. 
 
 Mr. Lodge. I simply moved the amendment. It is now pending. 
 
 Mr. Money. It is now pending. It may l)e very largely concluded 
 
 Mr. Lodge. There is no objection to it on the part of "the committee having the 
 bill in charge. 
 
 Mr. Money. That may be, but there may be objection outsi<le of the committee, 
 and I should be glad to see it in print. If there is no intention of concluding the 
 bill to-day, and I guess we will hardly do that, I should be very glad if no vote shall 
 be taken until it can be exannned into a little. 
 
 ]Mr. Hale. I think the suggestion of the Senator from Mississippi is a good one. I 
 am free to say 
 
 Mr. Lodge. Let it go over and be printed. I will not move it now. 
 
 Mr. Money. I think that is right. 
 
 Mr. Hale. I think the Senator from Massachusetts has it about right, that we will 
 prol)ably adopt it, but I think it wi.se not unduly to seek dispatch in a matter of this 
 great importance. There is time enough in the Senate to consider it. (Xher matters 
 
440 LEGISLATIVE HISTORY 
 
 are not pressing, and while I shall not stand in the way of the passage of the bill in 
 any undue fashion, yet I want to get some figures as to the Coast and Geodetic Survey. 
 
 The President pro tempore. The Chair understands that the amendment of the 
 Senator from Massachusetts is now withdrawn, and he asks that it lie on the table 
 and be j)rinted. 
 " Mr. Hale. That it be i)rinted. 
 
 Mr. Lodge. That is my request. 
 
 The President ]>ro tempore. Without objection, it will be so ordered. 
 
 Mr. Teller. I desire to move to strike out section (j. I understand the committee 
 having the matter in charge have agreed that it shall go out. 
 
 Mr. Lod(;e. I did not hear the Senator from Colorado. What section does he pro- 
 pose to strike out? 
 
 Mr. Teller. To strike out section 6, which proposes to transfer the Geological 
 Survey from the Interior Department to the new Department. I understand the 
 committee agree that it may be done. 
 
 Mr. Nelson. There is no objection to that. 
 
 The President pro tempore. The question is on agreeing to the motion of the Sen- 
 ator from Colorado to strike out the whole of section 6. 
 
 The motion was agreed to. 
 
 Mr. Bacon. I desire to ask the Senator from Massachusetts whether the direction 
 given his amendment includes all the amendments offered by him? 
 
 Mr. Lodge. Oh, no; the others were adopted. 
 
 Mr. Bacon. It simply covers the last one? 
 
 Mr. Lodge. The last one. 
 
 Mr. Bacon. Which is complete in itself? 
 
 Mr. Lodge. AVhich is comialete in itself, being a new section. 
 
 Mr. Bacon. Very well. 
 
 Mr. Hale. Has section 6 gone out bodily? 
 
 The President pro tempore. It has gone out. 
 
 Mr. Hale. The entire section? 
 
 The President pro tempore. The entire section. 
 
 Mr. Hale. That is right. The confusion was such that I could not understand. 
 
 Mr. Nelson. I desire to offer an amendment. 
 
 Mr. Hale. If the Senator in charge of the bill wishes to offer an amendment, I 
 will yield. 
 
 Mr. Nelson. I offer a further amendment. On page 3, lines 3 and 4, 1 move to 
 strike out the words "and the United States Coast and Geodetic Survey." 
 
 Mr. Hale. I move to insert after the words proposed to be stricken out the words, 
 "and the same is hereby transferred to the Navy Department." 
 
 Now, Mr. President, I do not expect 
 
 Mr. Platt of Connecticut. The Senator from Maine does not want a vote on his 
 amendment to-day? 
 
 Mr. Hale. No. The Senator from Connecticut says he hopes I will not ask for a vote 
 on the amendment to-day. I do not expect that the Senate will vote on it to-day. I 
 want them to have a little time to consider. It is proper, I think, that it should go 
 there, but I would not precipitate a vote on my amendment now. Then I want 
 also, as other Senators do, to discuss the Census Bureau and several other subjects. 
 Therefore I shall not insist upon a vote to-day, and unless there are other amend- 
 ments 
 
 Mr. Platt of Connecticut. Will the Senator from Maine permit me? 
 
 Mr. Hale. Certainly. 
 
 Mr. Platt of Connecticut. Mr. President, I hope there will be no attempt to 
 secure to-day a vote either upon the bill or any of the important amendments which 
 have been suggested. I desire to say that as I look at it to-day I do not see any 
 reason why one of the most valual^le bureaus in the United States Government should 
 be forcibly removed from the present Department to which it is attached and trans- 
 ferred to this new Department. I refer to the otlice of the Commissioner of Patents, 
 which has liad pretty hard and severe treatment hitherto, Mr. President. 
 
 The Patent Office building was l)uilt for that office, and at some subsequent time 
 it was attached to the Interior Department. The Interior Department proceeded to 
 utilize, occupy, and crowd the Patent Office until the disposition of the peojjle of the 
 United States and its Congress, in providing that building for the Patent Office and 
 the recognition of the Patent Office in thus providing therefor, seems to have been 
 entirely set aside. 
 
 I shall have quite a little to say on this bill before it passes. Thus forcibly, and 
 without any reason that I can think of, to take the Patent Office away from the 
 Interior Department, with which it has become correlated and adjusted, so that its 
 
LEGISLATIVE HISTORY 441 
 
 business proceetls by rules and refiulations, it seems to ine would be a very strange 
 prooeedinj;:. I tlo not want to yn into it to-day. i can say considerable on tiiis sub- 
 jei't, and bi-fore tlie l>ill I'onies to a conclusion 1 should like to be heard on that 
 proposition. 
 
 Mr. IIalk. 1 think there is a general fet-ling that thcw great subject-matters 
 ought to be invt'stigate(l, and we can not do it today. I therefore move that the 
 Senate proceed to the consideration of executixc business. 
 
 Mr. Faikhanks. There are a few uncontested bills on the Calendar 
 
 Mr. Hai.k. If the Senators desire to go to the Calendar by unanimous consent, 
 I will withhold the motion for the jiresent. 
 
 Mr. I.oiHiE. I hope the Senator from Maine will do that. There are a great many 
 uncontested and unol)jected l)ills on the Calendar. It is early in the day. 
 
 Mr. Nelson. I ask that the pending l)ill may go over, retaining its ])iace on the 
 Calendar. 
 
 The PKEsinENT i)ro tempore. The Senator from Minnesota asks that the pending 
 bill may go over, retaining its place on the Calendar. 
 
 Mr. Coi-KRELi,. All right. 
 
 The PuEsiDENT pro temjjore. If there is no objection, it is so ordered. 
 
 Mr. Pettis. I suggest that the l)ill lie printed with the amendments to it. 
 
 Mr. CocKKELL. Let it l)e printed as it is n(jw amended. 
 
 Mr. Petti's. And with the amendments offered. 
 
 The Pkesidext i)ro tempore. Is there objection to the request of the Senator from 
 Alabama? The Chair hears none, and it is so ordered. 
 
 Mr. Nelson subsequently said: I request that the bill i)roposing to estal)lish a 
 Dei)artment of Commerce be reprinted with the amendments which have been 
 adoi)ted to-day. 
 
 ^Ir. Cockrell. That has already been ordered. 
 
 The Presiding Officer (Mr. Gallinger in the chair). Tlie Chair is informed that 
 that has already been done. 
 
 Mr. Nelson. I think not; but if it has already been done, well and good. I ask 
 to have it reprinted with all the amendments that have been adopted, and also one 
 amendment proposed and not adopted. 
 
 The Presiding Officer. The Chair is informed that the bill has been ordered 
 reprinted with the amendments, and that tlu» amendment to which the Senator from 
 Minnesota refers is included. 
 
 January !?0, 1902, the debate was continued in the Senate. 
 
 Mr. Nelson. I ask unanimous consent that the Senate resume the consideration of 
 the bill (S. 569) to establish the l)e]jartment of Commerce. 
 
 There being no ol)jection, the Senate, as in Committee of the Whole, resumed the 
 consideration of the bill. 
 
 ]\Ir. Nelson. ]\Ir. President, I desire this morning liriefly to correi-t some misap- 
 prehensions which seem to exist in reference to this bill. 
 
 When the bill was first called up for consideration I did not apprehend that there 
 would be any serious objection to it from any direction, but from remarks which 
 have been made by some Senators while the bill has l)een up I have been led to 
 believe that there are some parts of the measure which are not fully understood. 
 
 We find, on looking over the Executive Departments of the Government, that the 
 only industrial interests of the cijuntry which are under the administration, guidance, 
 direction, and protection, if I may use that i>hrase, of an executive department are 
 our great agricultural interests. They have for years had the Department of Agri- 
 culture, which has looked after the agricultural interests of the country in a very 
 l)ractical, useful, and comprehensive manner. 
 
 1 have no doul)t it is the con.sensus of opinion in this country that that Department 
 has performed a most useful and necessai'v function for our agricultural interests. 
 
 Now, if we look abroad in other directions, through the industrial tields; if we 
 look at our commerce, foreign and inland; if we look at our great manufacturing 
 industries, our shipping industries, and our Hshing industries, and all through the 
 great industries of the country, we find that those several industries and interests 
 have no governmental department to which tlu'y can look for guidance, advice, and 
 administrative care. 
 
 In every other country of any consequence, with but few exceptions, even among 
 the smaller countries, there is a department similar to that proposed in this hill. 
 Every country has felt the need and the necessity for such an administrative depart- 
 
442 LEGISLATIVE HISTOEY 
 
 ment to look after its commercial and industrial interests. One of the latest countries 
 to act on this principle is Russia. Until two years ago the administration of the 
 commercial, manufacturing, and industrial interests of Russia was a]iart of the finance 
 department of that country, which is the same as the Department of the Treasury in 
 this country. 
 
 In addition to this there has been a greater demand throughout the industrial and 
 connnercial world for the establishment of such a department and for this legislation 
 than there has been for any other l)ill I can recall which has been pending before 
 Congress. The Committee on Commerce have been overwhelmed with resolutions, 
 petitions, and memorials from connnercial bodies, manufacturing bodies, shipping 
 interests, and other industrial interests all over this broad land — East, West, North, 
 and South. I have had some little experience in legislation, although not so much 
 as many other Senators here, and yet I can say that in my experience I know of no 
 bill which has had such hearty support and such great interest taken in it throughout 
 the country as has this great bill. 
 
 Now, this bill aims — and that is its purpose — to establish an executive department 
 the duty of which shall be to foster, promote, and developcommercial, manufacturing, 
 fishery, shipping, and all other great industries of this country. We find on looking 
 through the several departments of this Government that there are some bureaus, 
 divisions, and branches of the service scattered around in a heterogeneous manner 
 that are in part devoted to some of the work involved in this bill, but they are 
 scattered around in such a manner that they can not work in unison or in harmony 
 or to a common purpose and end. 
 
 It is intended by this bill to equip the proposed Department with all those bureaus 
 and branches of the public service that relate to these subjects — that relate to the 
 commercial interests of the country; that relate to the manufacturing interests of the 
 country; that relate to the shipping interests of the country; that relate to the labor 
 and immigration interests of the country, and that relate to the fishing industry of 
 the country. 
 
 Now, it has been said that the effect of this bill will be to withdraw a great many 
 bureaus from other departments and to overload the proposed Department and to 
 make it the great Department of Government. Mr. President, that is founded on a 
 misapprehension and a misunderstanding of the case. The two great departments 
 of the Government which to-day are overcrowded and have more work than they 
 ought to do, and work of a disconnected and inharmonious character, are the 
 Treasury Department and the Interior Department. A year ago, when I carefully 
 looked up the subject by making inquiries at the Department, the Treasuiy Depart- 
 ment had a force of 4,881 employees, while the Interior Department had 4,440 
 employees. When I speak of employees I mean the employees who are working in 
 the several bureaus in Washington. The other departments have but a minor force — 
 the Department of Justice only 141, the Navy Department 324, the State Depart- 
 ment 95, the Post-Office Department 697, the Agricultural Department 804, the War 
 Department 1,787 — while each of the other departments, the Treasury and the 
 Interior Department, has a larger force than all the other departments combined. 
 
 Now, look at the character of those departments. Take, for instance, the Treasury 
 Department. The chief scope and purpose of that Department is to take charge of 
 the fiscal and financial operations of the Government; to collect the revenue from 
 customs and internal revenue; to disburse tliat revenue for all public purposes; to 
 take charge of our currency, of the coinage, of our national debt, and of all that per- 
 tains to the fiscal and financial operations of the Government. As its name implies, 
 it is the Treasury Department, or what they call in other governments the finance 
 department, of the Govermnent. 
 
 Now, in the course of time that Department has been lumbered up with a lot of 
 matters foreign to its main purpose. The Department of the Treasury has attached 
 to it the Life-Saving Service, the Light-House Board, the Marine-Hospital Service, 
 the Steamboat-Inspection Service, the Bureau of Navigation, the United States Ship- 
 ping Connnissioners, the Bureau of Inunigration, the Bureau of Statistics-, and the 
 United States Coast and (Jeodetic Survey. 
 
 Now, all these branches of the public service, the titles of which I have read, have 
 no relevancy to or bearing upon the financial or fiscal administration of the (ioveru- 
 ment. They have charge of matters each and all of whit'h peculiarly appertain to 
 commerce and navigation, to the industrial interests of this country, and they ought 
 not to be attached to a department t'liarged with the fiscal affairs of the Government. 
 
 Mr. Hale. Mr. President 
 
 The Presiding Officer (Mr. Fairbanks in the chair). Does the Senator from Min- 
 nesota yield to the Senator from Maine? 
 
 Mr. Nelson. Certainly. 
 
LEGISLATIVE HISTOKY 443 
 
 Mr. Hale. I perceive the force of the suggestion which tlie Senator from Minne- 
 sota irt making. It has struck me in reading over tlie list of these different bureaus 
 in the Treasury Department 
 
 Mr. Nelson. If tiie Senator will allow me, I could, before he asks the question, 
 give him a little supplemental inforiuation which \vould make his (piestion more 
 germane, I think. 
 
 Mr. IIalk. I was merely going to ask why all these branches should l)e taken out 
 and i)ut in a new department — the JJght-iiouse Service, the Steamboat-Inspection 
 Service, the Shipping Commissioners, etc. — while the Uevenue-Cutter Service was left 
 with the Treasury Department? 
 
 Mr. Nelson. My answer to that is this, and the Senator can see the force of it: 
 The Kevenue-Marine Service aids in the collection of our revenue on water. It par- 
 tains to the tiscal management of the Government. It is the duty of that service to 
 look after snuiggling l)y water. We have along our international boundary a lot of 
 Treasury agents looking after smuggling by land, and the Revenue-Cutter Service is 
 tliat branch of the service which looks after those matters on water, if I may use that 
 expression. That is why. It appertains peculiarly to the collection of our revenue, 
 and has to protect and preserve it from smuggling and other things. Hence we lind 
 that revenue cutters in all our ports and harbors frecjuently run out to sea and meet 
 vessels coming into port, and revenue officers are immediately put on board the great 
 Atlantic liners. 
 
 I think the Senator will agree with me, in view of the fact that this service has 
 peculiar charge of the branch of the service which relates to the collection of the 
 customs revenues, that it should belong to the department of the Government charged 
 with that duty. 
 
 ]\Ir. H.\LE. I agree with the Senator. I supposed that would be the answer given. 
 But I think it applies also to some of the other services. 
 
 Mr. Nelson. I will take them up more in detail later. 
 
 Mr. H.\LE. But the Senator is going on, and I will wait until he is at leisure. 
 
 Mr. Nelson. Now, from a remark made by the honorable Senator from Maine the 
 other day, I inferred that he thought there was very little left for the Treasury 
 Department. I will call his attention, if he has the report of the committee, to page 
 4, where he will find the fact stated that, taking these bureaus and divisions out of 
 the Treasury Department, as the bill proposes, the Treasury Department will still 
 be left with the following bureaus and divisions of the public service; and if the 
 Senator will listen he will see what a multitude they are: 
 
 Treasurer of the United .States, Director of tlie Mint, Comptroller of the Currency, Bureau of 
 Engraving and Printing, Division of Public Moneys, Division of Loans and Currency, Secret Service 
 Division, Comptroller of the Treasury, Register of the Treasury, Auditor for the Treasury Depart- 
 ment, .\uditor for the War Department, Auditor for the Interior Department, Auditor for the Navy 
 Department, Auditor for the State and other Departments, Auditor for the Post-Oftiee Department, 
 national-bank redemption agencies. Commissioner of Internal Revenue, Commissioner of Customs, 
 and tlie Revenue-Cutter Service. 
 
 All those bureaus will remain the Treasury Department, and it will have a great 
 and immense force. 
 
 Now let me call the Senator's attention to the character of the divisions of the 
 service which it is proposed to transfer to the new Dei)artment from the Treasury 
 Department. We transfer, first of all, the Bureau of Navigation, because it relates 
 to the shipping industries of the country. In connection with it we transfer the 
 Life-Saving Service and the Light-House Board. Now, a mere inspection — and it 
 needs no argument, for everyone can see at a glance — shows that the Life-Saving 
 Service and the Light-House Board all pertain to our shipjiing interests. They relate 
 to matters of navigation. They have no bearing on or relevancy to any of the chief 
 duties vested in the Treasury Department. They have no bearing upon the financial 
 or fiscal operations of the Government. They bear directly upon our shipping indus- 
 tries and indirectly upon our commercial interests so far as they are connected with 
 our shi|)ping industry. 
 
 The same is true of the Light-House Service and the Marine-Hospital Service. 
 The latter service is charged with looking after the welfare of our .sailors connected 
 with our merchant marine. Why should that service remain with the Treasury 
 Dejiartment? Why should not that be attached to the Department of Commerce 
 and IndiLstries? 
 
 Take the Steamboat-Inspection Service, engaged in insjiecting our steamboats and 
 seeing that they are safe — that they are properly licensed to navigate our waters. 
 Why should tlie Treasury Department be charged with that duty, and is not that a 
 duty which i)eculiarly pertains to the province of commerce and to our shipping 
 industries? The same is true of the United States shipping commissioners, who have 
 
444 LEGISLATIVE HISTORY 
 
 charge and look after the welfare of our sailors in their taking service on Ijoard of 
 vessels. 
 
 Now, take the Bureau of Immigration. It does not relate to any of the fiscal and 
 financial affairs of the Government, but to the industrial welfare of the nation. It 
 has a bearing upon the interests of the laboring man. It has a bearing upon our 
 manufacturing industries and all the industries of the country. There ought to be 
 under the Department of Commerce, if anything ought to be under that Department, 
 the question of passing upon and executing our immigration laws and examining 
 immigrants who come to our shores. 
 
 INIr. Hale. How about the United States Coast and Geodetic Survey? 
 
 Mr. Nelson. I have this to say about that department: The Coast and Geodetic 
 Survey was established years ago, and it was, when first established, assigned to the 
 Treasury Department. Then the question came up, and it has been a question off 
 and on, as to whether it ought iiiA. to be assignetl to the Navy Department. In 1843 
 Congress provided by act (March 3, 1843) for an examination and settlement of the 
 matter. That act authorized a board to submit a plan for the approval of the Presi- 
 dent. The board consisted of the Superintendent of the Survey, two of his civilian 
 assistants, four officers of the Army, and two of the Navy. This board resolved that 
 inasmuch as the o})ject and purpose of the survey of the coasts refer particularly to 
 the commercial intercuts of the country it should be under the control of the Treas- 
 ury Department. It provided that army and naval of33cers, as well as civilians, 
 should participate in the work. 
 
 During the Mexican war all of the military officers who were connected with the 
 work were withdrawn and sent to the front, and at the commencement of the civil 
 war the same took place. All the military and naval officers were withdrawn from 
 this service and sent into active service. The same took place during the Spanish 
 war. We find, l)y looking at the record of the operations of the Coast and Geodetic 
 Survey, that while they had officers of the Army and officers of the Navy participat- 
 ing in the work, every time there has been a war — the war with Mexico, the civil 
 war, and the Spanish war — those officers have been withdrawn from the service and 
 the work has been committed to civilian employees, and the work has been done 
 well. 
 
 Now, what is the chief work of that Bureau? It is to examine the waters of our 
 seacoasts as far as tide water and to sound those and chart them and to prepare the 
 charts for purposes of navigation. Our merchant marine is more interested in their 
 work than is any other department of our industrial life, and the duties of the civilian 
 employees are first of all to go in their boats along the coast and make soundings of 
 the depths of the harbors and of the entrance to harbors and of our coasts in the 
 interests of navigation. Now, no one can dispute that civilians are as competent to 
 perform that work as any naval man or military man. After that work- has been 
 done in the field, after the soundings have been made and the depths of our waters 
 along the coast have been ascertained from an actual survey on the ground, then the 
 work is platted and charted, and those charts are distributed to the different vessels 
 in our mercliant marine. There is no occasion, in my judgment, to put that uiJon, 
 and it should not be put upon, the Navy Department of the Government. 
 
 The Navy Department, especially in time of war, has need for all of its naval offi- 
 cers for its work. They are educated for that purpose, and we need them for that 
 work. Our experience in the past has demonstrated that whenever we had a war 
 Army and Navy men connected with that work have been withdrawn from the serv- 
 ice and have been put into the active service, and the work has been left to civilian 
 employees. Inasnnich as this service pertains to our shipping and the welfare of our 
 shipping interests and our merchant marine, I say appropriately and necessarily it 
 belongs to the Department of Connnerce. 
 
 I wish to call attention, further, in this connection to the fact that the Navy 
 Dei)artment has an office called the Hydrographic Office, which was established 
 originally as a depot for the collection of and the supplying of the Navy with charts 
 antl instruments. The main work of that office is to secure charts of surveys by 
 foreign governments, and to reprint them and furnish them to our Navy. They 
 have a work of their own. They do a work that the Coast and Geodetic Survey can 
 not do. They gather information from foreign nations of surveys made in foreign 
 harbors and along coast lines, get their charts, reprint those charts, and distribute 
 them among our naval officers. So they are amply provided for in that 1)i'anch of 
 the servit'e, and there is no occasion to make this Department, which has nothing to 
 do with that branch of it, a part of the Navy Department. 
 
 Mr. Hale. Is the Senator about to leave this particular subject? 
 
 Mr. Nelson. Yes, in part, but I am coming l)ack to it afterwards. 
 
 Mr. Hale. When the matter was called up on Thursday I stated that I was getting 
 
LEGISLATIVE HISTORY 445 
 
 soino papers wliich would boar on tlu^ suhjoct, and the Senator in cliarfie of the l)ill 
 tsaid tliey had (U'tcrniiiu'd not to infjist uiK)n this reniainin<r in tlie hill, hut it would ^o 
 hack to tiie Treasury IH'partuK'ut, so that the old controversy hetween that Depart- 
 ment and the Navy hepartuicnt inifxht at any time he taken up as a sejiarate measure. 
 On looking the matti-r over 1 saw the foi'cc of tliat. I hav«^ no douht the Senator 
 proposes to do that. Therefore i have not armed myself with the papprs necessary 
 if the contest wen^ to he made for iucorporatiuy; these duties into the Navy Depart- 
 ment. If the Senator does that, then that cmitroversy will be taken up hereafter 
 between tiie two l)epartments as Iw indicated tlu' other day. 
 
 Mr. Nelson. I may say, in this connection, if the Senator will allow me, that the 
 committee as a connnittee took no action. Whatever I said and di(l the other day 
 was rather more on my own responsibility; and after looking over the (piestion care- 
 fully I am satisfied in my own mind that tlie Coast and Geodetic Survey ought to 
 belong to the Department of Commerce. 
 
 I\Ir. H.VLE. The Senator took the responsibility that a Senator does who is in charge 
 of a bill. I wish he had told me that at the time, because he clearly made the prop- 
 osition that he would move to strike that out and leave the service where it is and 
 where it has been, and let the controversy come up afterwards. I supposed, of 
 cour.'je, that that would be done, and have supposed so and do now. I do not think 
 the Senator will undertake to go back in any way upon the suggestion made at that 
 time. 
 
 Mr. Nelson. The honorable Senator from IVIaine will remember that he at that 
 time also indicated that he would move to amend and to attach this Bureau to the 
 Navy Department, so that the doul)le question was, in a measure, pending. 
 
 Mr. Hale. Undoubtedly, technically pending, because the provision did not go 
 out. That is what l)rought it up; l)ut on the strength of the Senator's j)rojio.siti()n I 
 concluded not to go further and not to ask the Senate to consider the amendment, 
 and I did not arm myself with the documents and papers. When the Senator got 
 up this morning I supposed, of course, that he was going to move, as he did the other 
 day, to strike that out. I\Iy amendment would go with it. 
 
 Sir. Nelson. I have taken some pains to ascertain the number of employees in the 
 bureaus and divisions of the public service taken by ttiis jjill from the other depart- 
 ments and transferred to the Department of Commerce. I did this because it was 
 claimed the other day that we were clipping the other departments and making this 
 the great dominating department. I find, by looking up the records— and I will say 
 to the Senator from Maine that I have taken the last legislative appropriation act in 
 order to get the figures correct — that the number is as follows. I refer simply to the 
 employees in the Government bureaus in Washington and not to those in tlie field. 
 In the Life-Saving Service there are 29 employees who are transferred to this Depart- 
 ment by the pending bill; in the Light-House Board, 32; in the Marine-Hospital 
 Service, 29; in the Steamboat-Inspection Service, 7; in the Bureau of Navigation, 21; 
 in the Bureau of Immigration, 7; in the Bureau of Statistics, 37; in the Coast and 
 Geodetic Survey, 124. This makes a total of 286 employees taken from the Treasury 
 Department out of a total f(jrce of 4,595. 
 
 Now, take the Interior Department. 
 
 Mr. Pettis. Mr. President. 
 
 The Presiding Officer (Mr. Gallinger in the chair). Does the Senator from Min- 
 nesota yield to the Senator from Alabama? 
 
 Mr. Nelson. Certainly. 
 
 Mr. Pettus. I understood the Senator to consent at the last meeting that the 
 United States Coast and Geodetic Survey should be taken out of the l)ill. Is it not 
 stricken out? 
 
 ]VIr. Nelson. No; it is not stricken out. It is still pending. 
 
 Mr. Pettcs. What is the status of the provision? 
 
 Mr. Nelson. The amendment is still pending. It was not disposed of. 
 
 Mr. Platt, of Connecticut. Before the Senator from Minnesota speaks of the Inte- 
 rior Dei)artment, I wish to assure him that I am in favor of the creation of a Depart- 
 ment of Commerce, but may I ask if there are not many officials outside of Washington 
 who are connected, for instance, with the Immigration Bureau? 
 
 Mr. Nelson. Oh, yes; I have not taken them into account in the figures. I wish 
 to say to the Senator that in figuring up the aggregate number of employees of the 
 Treasury Department I only took the number of employees who are employed in 
 bureaus in Washington. 
 
 Mr. Platt, of Connecticut. All the employees of the Innuigration Bureau, whether 
 employed here in Washington or elsewhere, would come under the control of the 
 new Department, would they nf)t? 
 
 Mr. Nelson. Certainly; l)ut I wish to call the Senator's attention to the fact that 
 in respect to the Treasury Department there are a multitude of collectors and deputy 
 
446 
 
 LEGISLATIVE HISTORY 
 
 collectorr; and other agents outside of Washington, and so in the Internal-Revenue 
 Service. Those have not entered into this count. So the count is as fair on one side 
 as on the otlier. 
 
 Now, take tlie Interior Department. The aggregate number of employees in that 
 Department here in Washington, and I do not include tlie agents they have in the 
 field, is 3,H35k, The total number of employees in the Patent Office here is 605. 1 
 will state to the Senator from Connecticut that my statement is based upon figures 
 that I got from the Department a year ago as the result of a direct corresi)ondence 
 with the Department. 
 
 Mr. Platt, of Connecticut. What is the number in the Patent Office? 
 
 Mr. Nelson. Six hundred and live here in Washington. 
 
 Mr. Platt, of Connecticut. I think the number has somewhat enlarged, and that 
 there are now between 600 and 700 employees. 
 
 Mr. Nelson. The number may have been enlarged. These figures were given a 
 year ago. 
 
 Now, as to the Census Office, it is impossible to give the figures. I understand that 
 that Bureau had somewhere in the neighborhood of 2,700 employees, exclusive of 
 the enuiDerators. They had at the maximum something like 2,700 employees and 
 a little over here in Washington. That force has been reduced. A month ago, 
 I think, it was reduced to 1,700 or 1,800, and it is still being reduced. I apprehend 
 at this time that there are perhaps not more than half of the original force in that 
 Bureau, and it is likely that within the next year it will be largely reduced, perhaps 
 reduced to 400 or 500 employees. 
 
 The Bureau of Foreign Commerce, which is the only Bureau transferred from the 
 Department of State, has 10 employees. Then we have three departments, or 
 bureaus, or divisions that are outside of any executive departments. They exist by 
 themselves independently. One i^ the Department of Labor, with a force of 78 
 employees. Another is the United States Fish Commission, with 38 employees, and 
 in that I do not include any of those who are out at the different fish stations of the 
 country. 
 
 I have also made a brief estimate of the additional force that I imagine would be 
 necessary for this new Departinent to start with, and the salaries, in addition to the 
 force it gets by a transfer of these bureaus and divisions of the public service. First, 
 Secretary, with a salary of |8,000; Assistant Secretary, $4,000; Chief of the Bureau 
 of Manufactures, $3,000. Those are the three principal offices for which salary is 
 provided in the bill. 
 
 Then in the Secretary's office I have estimated, after conferring with those who 
 ought to know, that it would require in the first instancy 1 chief clerk, 1 disbursing 
 clerk, 1 clerk of class 4, 2 clerks of class 3, 2 clerks of class 2, and 6 of class 1. The 
 aggregate salary of these would be $18,800. 
 
 In the Bureau of Manufactures, which is a new bureau entirely, I estimate that 
 the force in the first instance required would be a chief clerk, at a salary of $2,000; 
 1 clerk of class 4, $1,800; 2 clerks of class 3, $3,200; 4 clerks of class 2, $5,600; and 6 
 clerks of class 1, $7,200; making a total of $19,800. 
 
 The aggregate increase of salaries by this bill, as I figure it, would be $53,600. This 
 would e(]uip the Department, in the first instance, with a working force, in addition 
 to the force gathered by a transfer from the different bureaus and divisions of the 
 public service. 
 
 I submit the figures in detail and in tabulated form to be inserted in the Record. 
 
 The tables referred to areas follows: 
 
 List of employees and salaries in the several bureaus and divisions transferred to the Depart- 
 ment of Commerce. 
 
 LIGHT-HOUSE BOARD. 
 
 1 chief clerk 82, 400 
 
 2 clerks class 4, atSl,800 3,000 
 
 2 clerks class 3, at »1,600 3, 200 
 
 2clerks class 2, at81,400 2,800 
 
 4 clerks class 1, at SI, 200 4,800 
 
 2 clerks, at SI, 000 2, 000 
 
 10 clerks, at S900 9, 000 
 
 1 clerk 840 
 
 2 assistant messengers, at 1720 I, 440 
 
 1 laborer fiOO 
 
 1 assistant civil engineer 2, 400 
 
 1 draftsman 1,800 
 
 1 draftsman 1,5()0 
 
 1 draftsman 1,440 
 
 1 draftsman 1,200 
 
 32 Total 39,080 
 
 LIFE-SAVING SERVICE. 
 
 1 General Superintendent $4,000 
 
 1 assistant su[H-rintendent 2,500 
 
 1 principal clerk 2,000 
 
 1 topographer and hydrographer 1, 800 
 
 I civil engineer 1 , 800 
 
 1 draftsman 1 , 600 
 
 4 clerks class 4, at 11,800 7,200 
 
 3 clerks class 3, at $1,600 4,800 
 
 3 clerks class 2, at $1 ,400 4, 200 
 
 5 clerks chiss 1 , at $1 ,200 6, 000 
 
 2 clerks, at SI, 000 2, 000 
 
 4 clerks, at SV)00 3, (WO 
 
 1 assistant messenger 1 , gon 
 
 1 laborer / ^''^■^ 
 
 29 
 
 Total 42,780 
 
lp:gislative history 
 
 447 
 
 Lixl (if iiitplojicis hik! siiltd-i 
 
 X in the several huremis and diviKiojia transferred to the Deparl- 
 iiient of Commerce — Continued. 
 
 TIIK MAKINK-HDSI'ITAL SKKVICE. 
 
 1 Snpcrvisiiif; SiirKooii-iJoiioml JI.OOO 
 
 I chief i-lork 2, TOO 
 
 •2 clerks class I, at $\,xm 3,(i00 
 
 4 dorks class ;?. at Sl.tiOO f.,100 
 
 ;? clerks class •_', at SI ,-100 4, '200 
 
 ■I dorks class 1, at Sl.L'OO -1,800 
 
 1 dork and translator 3,200 
 
 1 hospital steward 1, 200 
 
 6 dorks, at S900 5, 100 
 
 1 inossenKor 600 
 
 5 laborers, at ^''lO 2, 700 
 
 29 Total 30,100 
 
 STKAM BOAT-INSPECTION SERVICE. 
 
 1 Supervising Inspector-General 83, 500 
 
 1 chief clerk 1,800 
 
 2 clerks class 3, at »1,600 3, 600 
 
 1 dork class 1, at $1,200 1, 200 
 
 1 clerk class 1 (stenographer and type- 
 writer) 1, 200 
 
 1 messenger 440 
 
 7 Total 11, 740 
 
 BUREAU OF NAVIGATION. 
 
 1 Commissioner of Navigation S3, COO 
 
 2 dcrks class 4, at 81,800 3,600 
 
 Dei)iitv Commissioner (one of above 
 
 clerks) 400 
 
 lderkdass3 1,600 
 
 2 clerk.s class 2, at 81 ,400 2, 800 
 
 4derksclassl. at81,200 4,800 
 
 9 clerks, at 8900 8, 100 
 
 1 a.ssistant messenger \ ■, ooa 
 
 1 laborer f ' 
 
 21 Total 26,280 
 
 BUREAU OF IMMIGRATION. 
 
 1 Commissioner-General of Immigra- 
 tion 84,000 
 
 1 chief clerk 2, 2.50 
 
 1 confidential clerk 1,200 
 
 1 statistician and stenographer 1,800 
 
 1 supervising immigrant inspector 1, (500 
 
 1 messenger A ■, c^q 
 
 1 assistant messenger J ' ' 
 
 7 Total 12,410 
 
 BUREAU OF STATISTICS. 
 
 1 ofticcr in charge 83, 500 
 
 1 chief clerk 2, 250 
 
 1 statistical clerk 2, 000 
 
 4 clerks of class 4, at 81,800 7,200 
 
 3 clerks of class 3, at 81,600 4,800 
 
 1 steno.i,'niiilier and typewriter l.-'iOO 
 
 5 clerks class 2, at 81,400 7, 000 
 
 8 clerks class 1, at 81,200 9, 6U0 
 
 1 translator 1 , 200 
 
 6 clerks, at 81,000 6, 000 
 
 2 copyists I 
 
 1 messenger I , y.,Q 
 
 1 assistant messenger f ' " 
 
 1 laborer ) 
 
 1 female laborer 480 
 
 37 Total 49, .'■).'')0 
 
 COAST AND GEODETIC SURVEY 
 
 1 Sui)erintendent 8">, 000 
 
 2 assistants, at 84,000 8, 000 
 
 1 assistant 3,200 
 
 5 a.ssistants, at 8:^,000 15, 000 
 
 5 assistants, at 82,500 12, 500 
 
 COAST AND GEODETIC SURVEY— Continued. 
 
 1 assistant 82, 4(X) 
 
 8 assistan ts, at 82,200 17, (iOO 
 
 5 assistants, at ?f2,(HH) 16, 000 
 
 3 assistants, at 81,S00 5, 400 
 
 4 assistants, at 81,600 6, 400 
 
 3 assistan ts, at 81 ,400'. 4, 200 
 
 K assistants, at 81,200 9, 600 
 
 ti aids, at S'JtK) 5,400 
 
 23 aids, at 8720 16, .560 
 
 78 Total 127,260 
 
 OFFICE J-QRCE. 
 
 1 disbursing agent 82,200 
 
 1 chief, division library and archives .. 1,800 
 
 2 clerks, at Sl.SUO 3, 600 
 
 2 clerks, at 81,6.50 3, 300 
 
 4 clerks, at 81,400 5, 600 
 
 6 clerks, at 81,200 7,200 
 
 3 clerks, at fl ,000 3, 000 
 
 ¥uT chart correctors, buoy colorists, 
 stenographers, writers, typewrit- 
 ers, and copyists, namely: 
 
 2at81,200 2,400 
 
 3 at 8900 2, 700 
 
 1 at 8800 800 
 
 7 at 8720 6, 040 
 
 1 at 8600 600 
 
 For topographic and hydrographie 
 draftsmen, namely. 
 
 1 at 82,400 2, 400 
 
 1 at 82.200 2, 200 
 
 2 at 82,000 4, 000 
 
 3 at 81,800 5, 400 
 
 2 at 81,600 3, 200 
 
 2 at 81,400 2,800 
 
 1 at 81,200 1, 200 
 
 3 at 81,000 3, 000 
 
 2 at 8900 1, 800 
 
 1 at 8700 700 
 
 For astronomical, geodetic, tidal, 
 and miscellaneous computers, 
 namely:' 
 
 2 at 82,000 4, 000 
 
 1 at 81,800 1, 800 
 
 4 at 81,600. 6, 400 
 
 1 at 81,400 1, 400 
 
 1 at 81, 200 1,200 
 
 3 at 81,000 3, 000 
 
 Copperplate engravers, namely: 
 
 3 at 82,000 6,000 
 
 2 at 81,800 3, 600 
 
 2 at 81,600 3, 200 
 
 1 at 81,400 1,400 
 
 2 at 81.200 2, 400 
 
 2 at 81,000 2,000 
 
 4 at 8900 3, 600 
 
 1 at 8700 VOO 
 
 Electrotvpcrs and photograi)her.s, 
 plate printers and their helpers, 
 instr\mient makers, capcntcrs, en- 
 gineers, and otherskilled laborers, 
 namely. 
 
 2 at 81,800. . .■ 3, 600 
 
 1 at 81,600 1, 600 
 
 9 at 81 ,200 10, 800 
 
 5 at 81, 000 5,000 
 
 1 at 8900 900 
 
 6 at 8700 4,200 
 
 Watchmen, )iremeii,inessenger.s and 
 laborers, packers and folders, and 
 miscellaneous work, namely: 
 
 3at8S80 2,640 
 
 4at8820 -• 3,280 
 
 2 at 8700 1, 400 
 
 2 at 8640 1,280 
 
 4 at 8630 2, 530 
 
 2 at 85.50 1. 100 
 
 1 laborer 5.50 
 
 2 laborers, at 83C.5 730 
 
 124 Total 145, 240 
 
448 
 
 LEGISLATIVE HISTORY 
 
 List of emploijces and sdlarics in the several bureaus and divisions transferred to the Depart- 
 ment of Commerce — Continued. 
 
 PATENT OFP^ICE. 
 
 1 Commissioner of Patents S5, 000 
 
 1 Assistant Commissioner 3, 000 
 
 1 chief clerlv 2, 250 
 
 2 law clerks, at $2,000 4, 000 
 
 3 examiners in chief, at J3,000 9, 000 
 
 1 examiner of interference 2,500 
 
 32 iiriiicii>al examiners, at 82,500 80,000 
 
 34 lirst assistant examiners, atSl.SOO 61,200 
 
 35 second assistant examiners, at fl,600 . 60, 800 
 43 third assistant examiners, at $1,400 .. . 60, 200 
 52 fonrth assistant examiners, at $1,200. . 62, 400 
 
 1 financial cleric 2,000 
 
 1 librarian 2,000 
 
 3 chiefs of division, at $2, 000 6, 000 
 
 3 assistant chiefs of division, at $1,800 . . 5, 400 
 
 5 clerks of class 4 9, 000 
 
 1 machinist 1, 600 
 
 6 clerks of class 3 9, 600 
 
 14 clerks of class 2 $19, 600 
 
 50 clerks of class 1 60, 000 
 
 1 skille.l laborer 1, 200 
 
 3 skilled draftsmen, at $1,200 3,600 
 
 4draft>.men, at $1,000 4,000 
 
 25 permanent clerks, at $1,000 25, 000 
 
 1 messenger and property clerk 1,000 
 
 5 model attendants, at $1,000 5, 000 
 
 10 model attendants, at $800 8, 000 
 
 60 copyists, at $900 54, 000 
 
 76 copyists, at $720 54, 720 
 
 3 messengers, at $840 2, 520 
 
 20 assistant messengers, at $720 1 4, 400 
 
 45 laborers, at 8600 27,000 
 
 45 laborers, at $480 21,600 
 
 15 messenger boys, at 1360 5, 400 
 
 605 Total 692,990 
 
 DEPARTMENT OF LABOR. 
 
 1 Commissioner of $5, 000 
 
 1 chief clerk 2, 500 
 
 1 disbursing clerk 2, 000 
 
 4 statistical experts, at $2,000 8, 000 
 
 4 clerks, class 4, at $1,800 7, 200 
 
 5 clerks, class 3, at $1,600 8, 000 
 
 6 clerks, class 2, at $1,400 8, 400 
 
 12 clerks, class 1, at $1,200 14,400 
 
 10 clerks, at $1,000 10,000 
 
 2 copyists 1 
 
 1 messenger 
 
 1 assistant messenger I ^ c.^ 
 
 3 watchmen | '"' 
 
 4 laborers 
 
 3 charwomen I 
 
 6 special agents, at $1,600 9, 600 
 
 10 special agents, at $1,400 14, 000 
 
 4 special agents, at $1,200 4, 800 
 
 78 Total 102,780 
 
 COMMISSIONER OF FISH AND FISHERIES.' 
 
 1 Commissioner $5, 000 
 
 1 chief clerk 2,400 
 
 1 stenographer (to Commissioner) 1, 600 
 
 1 librarian 1 , 200 
 
 1 clerk, class 4 1,800 
 
 2 clerks, class 3, at $1, 600 3, 200 
 
 1 private secretary 1, 200 
 
 1 clerk 1,000 
 
 2 clerks, at $900 1, 800 
 
 1 engineer 1,080 
 
 3 firemen, at $600 1,800 
 
 2 watchmen, at $720 1,440 
 
 3 janitors and messengers, at $600 1, 800 
 
 1 janitress 480 
 
 1 messenger 240 
 
 22 Total 26, 040 
 
 OFFICE OF ACCOUNTS. 
 
 1 disbursing agent $2, 200 
 
 1 e.xaminer of accounts 1,600 
 
 1 property clerk 1, 600 
 
 1 clerk, class 1 1, 200 
 
 1 bookkeeper 1, 080 
 
 5 Total 7,680 
 
 OFFICE OF ARCHITECT AND ENGINEER. 
 
 1 architect and engineer $2, 200 
 
 1 draftsman 1, 200 
 
 1 draftsman 900 
 
 1 clerk 720 
 
 4 Total 5,020 
 
 Division of Fish Culture office 38, 740 
 
 1 assistant in charge 2, 700 
 
 Isuperintendentofcarandmessservice. 1,600 
 
 1 clerk, class 3 1, 600 
 
 1 clerk, class 2 1,400 
 
 2 clerks, class 1, at $1,200 2, 400 
 
 1 copyist 720 
 
 7 Total... 10,420 
 
 38 Total Commissioner of Fish and 
 
 Fisheries 49, 160 
 
 BUREAU OF FOREIGN COMMERCE. 
 
 1 chief $2, 100 
 
 Gclerks \ g am 
 
 2 laborers / ^'^^ 
 
 1 messenger 660 
 
 10 Total 12,720 
 
 Total new salaries and new force inrolved in the Department of Commerce bill in the first 
 
 instance. 
 
 1 Secretary, salary $8, 000 
 
 1 Assistant Secretary, salary 4, 000 
 
 1 chief. Bureau of Manufactures, salary 3,000 
 
 13 force in Secreta ry •^ office { see " A" ) 18, 800 
 
 14 force in Bureau of "^lanufactures (see "A") 19,800 
 
 30 Total 53, 600 
 
 Total force in Department of Commerce (sec "B") 1,047 
 
 Total force left in Treasury Department (see "B") 4,595 
 
 Total force left in Interior Department (see "B") 3,835 
 
 Total force left in State Department (see "B") 85 
 
LEGISLATIVE HISTUKY 
 
 44y 
 
 "A."— NKW FORCE OF FMPLOYKKS IN TIIIC HKPAKTMIsNT OF COMMEItOK. 
 
 Secretarv'a oflioe: 
 
 1 eliii'f clerk $2,000 
 
 1 (iisl)iirsiHK clerk 1,800 
 
 1 clerk, class I IMOO 
 
 2 clerks, class 3, at Sl.tiOO " ' " ' ;{' ■>(]() 
 
 2 clerks, class j, at SI, KK) -/^ ,so() 
 
 6 clerks, class 1, ut S1,'J00 " y] 200 
 
 13 Total 18, 800 
 
 Biireati of manufactures: 
 
 1 chief clerk 2,000 
 
 1 clerk, class 4 1 h(K) 
 
 2 clerks, class 3, at 8^1,600 ' 3' -^oo 
 
 4 clerks, class 2, at 81,400 .r,; (joo 
 
 ti clerks, class 1, at 81,200 y\ 2OO 
 
 11 Total l'j,SOO 
 
 Treasury Department 
 
 Life-Saviuir Service, 29 (see page 440) 
 
 Liglit-IIonse Hoard, 32 (see page 446) 
 
 Mariiii'-Hos[iital Service, 29 (see page 447) 
 
 Steamboat- Inspection Service, 7 (see page 447) 
 
 Bureau of Navigation, 21 (see page 447) 
 
 Bureau of Immigration, 7 (see page 447) 
 
 Bureau of Statistics. 37 (see page 447) 
 
 Coast and (icodetic Survey, 124 (see page 447) . 
 Interior I )t'i>art men t 
 
 Patent Office (see page 448) 
 
 State Department 
 
 Bureau of Foreign Commerce (see page 448) .. 
 
 Department of Labor (see page 448) 
 
 Fish Commission (see page 448) 
 
 Department of Commerce, first instance 
 
 Total Department of Commerce after transfers. 
 
 Total 
 employ- 
 
 4,881 
 
 4,410 
 "' 95 
 
 Number 
 of force 
 trans- 
 ferred to 
 Depart- 
 ment of 
 Com- 
 merce. 
 
 1,047 
 
 Force 
 left. 
 
 4,595 
 
 3,835 
 ' ' " '85 
 
 Note. — These figures are exclusive of the Census Office. 
 
 Mr. Nelson. Now, INIr. President, some question has been raised about the Census 
 Office. I desire to say, in reference to the Census Office, that, as Senators know, 
 tiiat Office deals exclusively with agricultural, commercial, manul'acturin<,', and vital 
 statistics of all kinds. By lookintr at the different departments we lind tiiat this 
 matter of statistics is a good deal duplicated. They have a .statistical bureau in the 
 State Department known as the Bureau of Foreign Commerce. They have in the 
 Treasury Department the great Bureau of Statistics. Then, in addition to that, we 
 have the Census Bureau. Now, these different bureaus dui)licate the work. 
 
 I\Ir. Pl.vtt, of Connecticut. Is there not also a statistical division in the Agricul- 
 tural Department? 
 
 Mr. Nelson. I was coming to that. Tliat is an independent dei)artmeiit. They 
 iiave a statistical division there. 
 
 It ai)jK-ared to the committee, and it so appears to me, and I think it will apjiear 
 to any Si-iiat(jr who' gives the suliject reflection, that this duijlication of statistical 
 work IS unnecessary and leads to needless expense. Hence we feel that it would be 
 a good i>lan to attach the Census P>nreau, the Bureau of Statistics of the Treasury 
 Department, and the Bureau of Foreign Commerce in the State Department to the 
 Department of C(jninierce. 
 
 Now, we do not undertake to do it at this time, but 1 think in time, after we get a 
 Secretary at the head of that Departiiu-nt, and after he has considered and carefully 
 digested the work ot these three different divisions, he will be able to formulate a 
 
 27628—04- 
 
 -29 
 
450 LEGISLATIVE HISTORY 
 
 plan and present a programme to Congress by which all the statistical work can be 
 done under one head and under one tlivision, so that when we come to look vip a 
 matter of statistics we Hhall not have to go for some part of it to the Bureau of 
 Foreign Commerce, for another part to the Bureau of Statistics in the Treasury 
 Department, for another to the Census Office, and for another to the Agricultural 
 Department. 
 
 The matter of census statistics pertains, if it pertains anywhere at all, to our com- 
 mercial and industrial development, and I think if Senators will reflect a moment 
 they will all agree with me that this statistical work ought to belong to and be a part 
 of the Department of Commerce. 
 
 Now, coming to the Department of Lal)or, that, we find, stands isolated and by 
 itself. The purpose of that Department is to look after our laboring interests. That 
 Department gathers and compiles a lot of statistics. It is the duty of that Depart- 
 ment peculiarly to look after the interests of our laboring men. But our laboring 
 men are vitally interested in our commercial and our industrial development, in our 
 shipping industries, and in our fishery in<lustries, and they are also vitally interested 
 in the question of immigration, the Bureau of Immigration being attached by this 
 bill to the Department of Commerce. 
 
 It is to far greater advantage to the labor interests of this country that their work 
 can articulate and be in harmony with all these other interests and bear directly 
 upon the welfare of the laboring men. The laboring men of this country are vitally 
 interested in the immigration question. They are vitally interested in the shipping 
 question and in a merchant marine. They are vitally interested in our manufactur- 
 ing industries. They are vitally interested in our fishing industries. They are 
 vitally interested in our commercial development. By gathering all these bureaus 
 and de})artments into one whole, under one head, the Department can Avork to better 
 purpose and more efficiently for the labor interests, the manufacturing interests, and 
 the connnercial interests of this country. 
 
 I think if Senators will reflect they will see that it is for the interest of the labor- 
 ing men to belong to a department where they can have something to say on the 
 question of immigration; something to say on the question of shipping and our mer- 
 chant marine; something to say in reference to the fishing industries; something to 
 say in reference to our manufacturing industries and our manufacturing develoj)- 
 ment, and the things which pertain to our great commerce, foreign and inland. 
 
 Instead of this being one of the largest departments, as was intimated the other 
 day, I find, on figuring up the employees in the various departments and divisions 
 of the puljlic service, we would be taking 286 employees from the Treasury Depart- 
 ment and, assuming that the Patent Office is taken, 605 from the Interior Department; 
 from the State Department, the Bureau of Foreign Commerce, we woulcl take 10; 
 from the Department of Labor we would take 78; from the Fish Commission, 38, 
 and, counting what 1 have estimated would he necessary in the first instance for the 
 Department of Conunerce as an additional force of 30 members, it would make the 
 total operating force of this new Department 1,047. The number would be 1,047, as 
 compared with 4,595 who would still be left in the Treasury Department, 3,835 in 
 the Interior Department, and in the State Department 85. 1 may state that in giv- 
 ing these figures I have not included the Census Bureau, for the reason that the force 
 of that Bureau, under the present circumstances, is a fluctuating force. 
 
 Now, in reference to the Patent Office, the connnittee were of the opinion that, 
 inasmuch as the great Avork of the Patent Office pertains largely to industrial inven- 
 tions — inventions relating to commerce, manufacturing, shipping, and all that — it is 
 more germane and has a closer connection and bearing upon the Department of 
 Commerce than upon the Interior Department. 
 
 Now, what is the Interior Dejiartment, and what has that Department left? The 
 Interior Department was estal)lished in 1849. I wish to call the attention of Senators 
 to the fact that when that Department was established in 1849 it was estaltlished by 
 transferring other bureaus and divisions from the other departments. The Patent 
 Office business up to 1849 had l)elonged to the State Department, and it was trans- 
 ferred to the new Department of the Interior. The census work, carried on under 
 the United States marshals, but under the charge of the State Department, was 
 transferred to the Interior Department. 
 
 The Patent Office had up to that time been under the State Department, and it was 
 transferred. The Indian Office was transferred from the War Department. The 
 Land Office was transferred from tlie Treasury Department. The Treasury Depart- 
 ment up to that time had charge of the sale of our ijublic lands. The Pension Office 
 was transferred from the War Department. There was a time in our history when 
 the War De]iartment and the Navy Department jointly exert'ised authority over 
 naval and military pensions. It was afterwards vested in the War Department, and 
 
LEGISLATIVK HISTORY 451 
 
 the War Department, until tlic I>epartinont of tlie Interior whh estahlishcil, in 1849, 
 continnc'd to have eliar>j;t' of tlie I't-nsiou liurean. 
 
 Ifyoul'xikat thi' liistory of the <lei)at'tnu'nts yon will thus pi-e that tlii' Interior 
 DeiJartuKiit, cstahlislu'd in 1S4!», was e.stal)lisluMl ^;ilaply by a transft'iftoni tiirotlier 
 overloatled dcpartnuMits of tiie (iovernnu-nt, bnri'ans, and divisions, and the part so 
 transferred constituted the main and prineipal work of that Department. The eon- 
 gestion wiiieh ha<l then occurred in the other departments, leading to the estahlish- 
 nient of the, then new l)ei)artnient of the Interior, exists now to a greater extent, 
 especially in the Treasury Department. It seems that of later years almost every- 
 thing new under the sun in reference to light-houses, the Miirine-l lospifal Service, 
 and a lot of matters pt-rtaining to eonnnerce and navigation and innnigration have 
 been thrown into the Treasury Department, whi'u, as a mattt-r of fact, they did not 
 pertain to the main and jirincipai functions of that Department. 
 
 Mr. Tresidi'iit, I feel that ]>erhaps I have taken up the time of the Senate too long 
 on this matter. I think there is a strong ])ulilic sentiment throughout the country 
 in favor of the establishment of this new Department. 1 think we need this new 
 Department in order to put ourselves on a ]iarity with the other great conunercial 
 and inilustrial nations of the world. We need this Department in order to place our 
 industrial development and our conunercial develoi)ment under go vermnent a 1 control, 
 so that the various industries of this country, the conunercial and manufacturing 
 industries, and shipping industries, ami our merchant marine, can have that govern- 
 mental guidance and governmental assistance which are now so well performed by 
 the Agricultural Department for the agricultural interests of the country. 
 
 I wish to say, further, in this connection abt)ut the l)ill that personally I claim 
 no creilit for it. The bill was" originally prepared by the worthy Senator from 
 IMaine [Mr. Frye], who so ably pre.sides over the deliberations of this body. He 
 prepared the liill and, 1 think, reported it favoral)ly in the Fifty-fifth Congress. The 
 present bill is simply a slight elaboratit)n and amendment of that bill. The idea 
 came from the Senator from ]\Iaine originally, and the conunittee have now simply 
 presented his bill to the Senate with some amendments and changes. 
 
 The public demand for this legislation has not only been so great as to call the 
 attention of Senators to it, but it also called the attention of our new President to it. 
 Senators will remember that in his anmial message to Congress he highly recom- 
 mended the establishment of this new Dejuirtment. 
 
 I have aimed to take up as little time of this body as possible. I Avish to say in 
 conclusion that I sincerely trust everyone who is in favor of this Department of Com- 
 merce will allow us to get to a vote on the bill to-day. Other matters of great impor- 
 tance are coming up, the Philippine tariff, the Cuban tariff, and other questions that 
 will lead t > great del)ate, and 1 shall be very glad if the Senate will allow a vote to 
 be taken on this liill to-day. 
 
 Mr. Platt, of Connecticiit. ^lay I ask the Senator from Minnesota if he has con- 
 sidered the (juestion, and whether he would be willing to agree to an amendment to 
 eliminate the Patent Ottice from the bureaus which it is proposed to transfer to the 
 new Department? 
 
 Mr. Xel-son. Speaking for myself — I am not authorized to speak for the committee, 
 but personally I should have no objection. I think this Department of Conimerce 
 could do good work and exist Avell without the Patent Office. But I prefer, in the 
 absence of instructions from the committee, to have the question submitted to the 
 Senate. 
 
 Mr. I'l.Arr, of Connecticut. ]\Ir. President, I do not wish it to be understood that I 
 am oj^posed to this bill because I suggest that it be amended by strikiiig out the 
 transfer of the I'atent Otlice to this new Department. I am certainly in favor of the 
 bill. 1 think a Department of Commerce is needed and has ])een needed for inany 
 years. I think it can be made of immense value to the country and the industries of 
 the country; its commerce by land and by sea; its manufacturing and other industries, 
 which not only build up the country, but upon which the country depends for its 
 prosperity. 
 
 I make" these remarks in order that there may be no misapprehension on account 
 of what I shall say about the Patent Office. I do not know that it is necessary that 
 1 should elaborate upon that subject. The Patent Office is nominally connected with 
 the Interior Department. It is to a certain extent an indei)endent bureau or depart- 
 ment. The Connnissioner of Patents reports by law to Congress. 
 
 The chief connection at the present time between the Patent Office and the Inte- 
 rior Department is that the Secretary of the Interior has a su]iervisory power over 
 the administrative action of the Con"imi.>^sioner of Patents. I think that by statute 
 all appeals from the Commissioner of Patents upon the issnam-e of patents, the issu- 
 ance of trade-marks, in interference cases, and in all matters relating to the issue of 
 
452 LEGISLATIVE HISTORY 
 
 patents, hav^e been taken away from the Secretary of the Interiorand jurisdk'tion lias 
 been vested in courtn in the Distriet of Columbia. 
 
 But the inventorn of tlie country who do their business through the Patent Office 
 have become accustfimed to it where it is, and in connectipn witli the Interior 
 Department. There is quite a body of legislation wliich determines and specifies the 
 connection which exists between the Patent Ottice and the Interior Department. It 
 does not overburden tlie Interior Department, and I think is more properly con- 
 nected with that De])artment than it would be with the new Department. 
 
 The new Department is specially and particularly to devote its attention to the 
 commerce of the United States and to the articles which form the commerce of the 
 United States. The connection between the granting of patents and the commerce 
 of the United States is at least very remote. The Patent Othce issues jiatents for 
 inventions. Tliey are in the nature of contracts between the (Jovernment and an 
 inventor by which there becomes vested in him the right to use his invention for a 
 hmited time. Invention and letters patent have no innnediate relation to commei-ce. 
 Jt is only when some article f(jr which a patent has l>een granted is manufactured 
 and then transported from the place of manufacture to the place of use that it comes 
 at all within the jurisdiction of connnerce. 
 
 Tlierefore, the relations between the Patent OtHce and the Interior Department 
 having been long established, being well understood, it being no ))ur(len uiion the 
 Interior Department, and relating, if at all, only in the most remote degree to com- 
 merce, I hope the committee will agree to an amendment striking that clause out 
 of this bill. If hereafter it should be thought wise to transfer it, tiiat could be done, 
 but perliaps I may express the opinion that it would ))e more for the interest of the 
 new Dei)artment, more for its practical organizati<jn and develoiimeiit, not to have 
 too much work thrust upon it at the outset. 
 
 Mr. Nelson. Mr. President, after conferring with several of the mendjers of the 
 Committee on Commerce, such members as are here on the floor, I think I shall 
 make no opposition to striking out of the bill the i)rovision for the transfer of the 
 Patent Office. 
 
 Mr. Platt of Connecticut. If it be in order, then, I would move that the words 
 '"the Patent Office," be stricken out from line 16 on page 3. I do not know that it 
 is referred to anywhere else in the l)ill. 
 
 Mr. Nelson. No; nowhere else. 
 
 The President ])ro tempore. The Senator from Connectit'ut offers an amendment, 
 which will be stated. 
 
 The Secretary. In line 16 of the new print on page o it is proposed to strike out 
 the words "the Patent Office." 
 
 Mr. Vest. What are the words? 
 
 The Secretary. "The Patent Office." 
 
 The President pro temj^ore. Witliout objection, the amendment will be agreed to. 
 It is agreed to. Are there further amendments? 
 
 Mr. Spooner. Mr. President, I wish to attract the attention of the Senator having 
 the bill in charge to the language of the proviso on the seventh page, beginning at 
 line 11: 
 
 And pnii'idcd J'lirt/irr, That all officers, clerks, and einployecs luiw employed in any of the bureaus, 
 offices, departments, or branches (jf the imblie ser\i<'c in this act transferred to the Department of 
 Couimeret' are each and all hereby transferreil to said L>ei)artmeiit at tln'ir i>resent grades and sala- 
 ries, except where otherwise provided in this act, and they shall continue in otiiee and cmjiloyment 
 as if appointed under this act until otherwi.se provided by law. 
 
 Does not the Senator accomplish all that ought to \>v accom)>lished and eliminate 
 a possible question by striking otit all after the word "act," striking out the words 
 "and they shall continue in office and employment as if appointed under this act 
 until otherwise provided by law?" 
 
 Mr. Nelson. I can see no (jbjection to striking out those words. I do not think it 
 would militate against the j)iirpose of the bill. 
 
 Mr. Spooner. No; your purpose is to secure a transfer? 
 
 Mr. Nelson. I want a transfer made of these employees just as they are. 
 
 Mr. Spooner. Without any provision of law which might be construed to continiie 
 them at their salaries and grade? 
 
 Mr. Nelson. Certainly. That was not my purpose at all. 
 
 JNIr. Spooner. I am satislied it was not. 
 
 Mr. Hale. It would be better to let the clause go out. 
 
 Mr. Nelson. Yes; I will let it go out. 
 
 Mr. Spooner. In line 17, after the word "act," I move to strike out the words 
 "and they shall continue in office and employment as if appointed under this act 
 until otherwise provided bylaw." 
 
LEGISLATIVE HISTORY 453 
 
 The rRESiTiENT pr<i tpni]i(iri'. Will the SiMiafc afrnn' to the anuMidmciit proiMiscd l)y 
 tlu' Soiiator from Wisconsin? 
 
 The aiiK'nchiiont was a.^reetl to. 
 
 Mr. Nki.son. There i.s ail amendment p* mlinj,' offeredl))- the jiuiior Senator from 
 ■ INIassaeluisetts []\Ir. Lodge]. 
 
 The rKK.sinENT pro temjiore. The Secretary will read the jiendiii",' amendment 
 offereil hy the eommittee. 
 
 Tiie Skc'KKtahy. In seetion 4, line 1 1, i)age :> of the new i)rin.t, after the word "Sta- 
 tistics," tlie Committee on ("onnnerce report to strike ont the words "and thi' I'nited 
 States Coast and Cieodetie Survey." 
 
 Mr. Nelsox. Let that amendment be passed over for tlie present. There is another 
 amen(hnent, an amen<hnent offered by tlie Senator from Massachusetts [Mr. Lodj^e], 
 that is pendinu;, to which there is no objection. 
 
 The President pro tempore. The ameiKhneiit will l>e stated. 
 
 The Secketauy. It is ju'oposed to insert at the end of the bill the followiiit,', as a 
 new section : 
 
 Sec. — . A person, to he dcsignnlcd l)y the Soeretnry of State, sliall l>e appointed to formnlate for 
 the instruelion of consular oftieers tlie reqiiests of tlu' Secretary of t'oniinerce, ami to jirepare from 
 tlie (lisi>ateiies of consular otlicers, for transmission to the Secretary of Coiamerce, such information 
 as pertains to the worlc of the Department of Commerce, and such person shall have the rank and 
 salary of a chief of bureau, and he furnished with such clerical as.sistance as may be deemed neces- 
 sary ijy the Secretary of State. 
 
 The Pre.sident pro tempore. The (luestion is on tlie amemhnent which has just 
 been read. 
 
 JNIr. Nelson. I want to explain to the Senator from Wisconsin, as he was not here 
 at the time the amendment was offered 
 
 Mr. SeotiNER. I understand it and I do not like it. I can not say that I am satis- 
 tied with the amendment offered by the Senator from Massachusetts []Mr. Lodj^e]. 
 ] do not object to tlie creation of a new liureau in the State Department for the jmr- 
 pose, under the direction of the Secretary of State, of carrying out the provisions of 
 this act so far as they relate to the jiroposed Department of Commerce; but I think 
 it is a very peculiar jiroposition that a subordinate in the State Department should 
 be rciiuired by law to formulate instructions to consular officers based upon requests 
 of the Secretary of Commerce upon the State Dejiartment for statistical information 
 furnished by consuls. 
 
 It seems to me that the Secretary of Commerce, when he has occasion to com- 
 municate with the State Department, should communicate with the Secretary of 
 State. I think there should lie some elasticity in this bill in that respect, which 
 would l)e wanting in it if this amendment were ailopted. 
 
 The 1)111 is well drawn, in the lirst place, without the amendment, in my opinion. 
 It might be improved, probably, by adopting so much of the amendment proposed 
 by the Senator from Massachusetts as provides for an additional bureau. To that I 
 have no olijection whatever. Bi'it primarily a consul is a commercial agent, he is 
 not a diplomatic functionary, although it is true that sometimes he does perform sub 
 ino<lo diplomatic or quasi-dii)lomatic functions. This bill, however, provides for 
 reports by consuls to the Secretary of the Department of Commerce only as to sta- 
 tistical information gathered having relation to our foreign commerce. It says: 
 
 And all consular officers of the United States, including consul-generals, consuls, and commercial 
 agents, are hereby reipiired, and it is made a part of their duty, under the direction of the Secretary 
 of C(mimerce, to gather and comynle, from time to time, useful and material information and statis- 
 tics in respect to the commerce, industries, and markets of the countries and places to which such 
 consular oflicers are accredited 
 
 Mr. Platt, of Connecticut. Where is the Senator reading from? 
 Mr. Spooner. I am reading from page 5. 
 
 Mr. Nelson. Will the Senator allow me to interrupt him right there? 
 Mr. Spooner. In a moment. It proceeds — 
 
 and to send reports quarterly, or oftener if required, of the information and statistics thus gathered 
 and compiled, to the Secretary of the Department of Commerce. 
 
 Mr. Neixin. I want to say to the Senator he is reading from an earlier print of 
 the bill. The bill was originally in that form. 
 
 Mr. Spooner. How is it now? 
 
 Mr. Nelson. The bill was originally in a form that required all consular oflicers 
 to make reports relating to commercial matters directly to the Department of Com- 
 merce. The Senator from Ma.ssachusetts []\lr. Lodge], after conferring with the 
 Stiite Department, came to the conclusion that oftentimes in consular rejiorts di])lo- 
 matic matters, or matters of a quasi-diplomatic character, were mixed with commer- 
 cial matters, and, therefore, in order not to get the two confouinled, th(jse commercial 
 
454 LEGISLATIVE HISTORY 
 
 report? from consuls should first be sent to the State Department and edited bj' that 
 Department before l^eing sent to the Department of Commerce. Tliat is the objt>ct, 
 and this amendment was drawn in harmony with that view. 
 
 As the Ijill has been amended, the paragraph from which the Senator has Ix'cn ' 
 reading reads as follows: 
 
 And all consular officers of the United States, including consul-generals 
 
 Mr. Spooner. Where does the Senator read from? 
 
 Mr. Nelson. From page 5 of the new print of the l)ill, commencing in line 10 — 
 
 And all constilar officers of the United States, including consul-generals, consuls, and commercial 
 agents, are herehy required, and it is made part of their duty, under the direction of the Secretary 
 of State — 
 
 The words "under the direction of the Secretary of State" have Iteen put in. 
 Then the clause goes on — 
 
 to gather anil compile, fnim time to time, upon tlic request of the Secretary of Commerce, useful and 
 material information and statistics in res| t to tlie ciimmerc<', industries, .-inil markets of tlie coun- 
 tries and places to whicli such cc insular Dtlicers are accredited, and to scTid, under tlie direction of 
 the Secretary of State- 
 There those words have been inserted again — 
 
 reports quarterly, or oftener if required, of the information and statistics thus gathered and com- 
 piled, to the Secretary of the Department of Commerce. 
 
 The amendment now jiending is supplemental to those changes. It is to provide 
 somebody in the State Department to revise the connnercial reports that come in 
 from our consular otticers and eliminate all matters of a diplomatic or quasi-diplomatic 
 character, so as to send only commercial matter to the Department of Commerce. 
 
 Mr. Spooner. I am obliged to the Senator for calling my attention to the amend- 
 ment. I was not aware of it. It has put the language in a form which makes it 
 altogether acceptable to me, and as the Senate has already adopted the amendment 
 which I had marked as proper to be made in the old draft of the bill, so far as that 
 is concerned I have nothing further to say. I think, however, that the amendment 
 proposing an additional section may be improved upon liy making it a little more 
 elastic. It reads: 
 
 A person, to be designated by the Secetary of State, shall be appointed to formulate for tlie instruc- 
 tion of consular officers — 
 
 That makes it by law the duty of this particular officer to formulate these instruc- 
 tions — 
 
 the requests of the Secretary of Commerce, and to prepare from the despatches of consular officers, 
 for transmission to the Secretary of Commerce, such information as i)ertains to the work of the 
 Department of Commerce; and such person shall have the rank and salary of a chief of bureau and 
 be furnished with such clerical assistance as may be deemed necessary l)y the Secretary of State. 
 
 Mr. Nelson. I simply suggest to the Senator that it would meet the objection by 
 inserting there that the work shall be done "under the direction of the Secretary of 
 State." Putting in those words will cover any objection the Senator n.'.ght have on 
 that point — that he shall do it "under the direction of the Secretary of State." 
 
 Mr. Spooner. I think it would be better to amend the amendment so as to provide 
 that for the i)urpose of carrying out the provisions of section 5 the Secretary of State 
 is authorize<l to appoint some suitable officer, who shall have tlie rank and salary of 
 a chief of bureau, and be furnished with such clerical a.ssistance as may l)e deemed 
 necessary l)y tiie Secretary of State. In other words, whoever is appointed there is 
 to work under the direction and care of the Secretary of State, and his peculiar 
 functions ought not to be prescribed by statute. The Secretary of State might have 
 occasion to call upon some other bureau of the Department, or some other officer, 
 and he ought to be left free-handed. I am j^erfectly willing that an additional per- 
 son shall be appointed, or a bureau created, but I do not like the language of tlie 
 amendment j)rescribiiig ))y law tlie particular duty of this jierson. I suppose tlie 
 Secretary of Stat(> could change the heads of the various ):>ureaus or make a redistri- 
 bution of the functions of the different bureaus, and he ought, as far as possible in 
 that respect, to be left free, just as any Secretary should be, I think. I will draft 
 an amendment, if the Senator is not wedded to this proposition, which will accom- 
 plish the same thing. 
 
 Mr. Nelson. No; I am not wedded to any particular language. In view of the 
 fact that the Senator from Maine [Mr. Hale] is not disposed to insist upon liis 
 amendment to transfer the Coast and Geodetic Survey to the Navy Department, but 
 is content to leave it under the Treasury Dejiartment, if no Senator from the Com- 
 mittee on C'Ommerce is opposed to it, I shall be disposed to acquiesce in striking the 
 Coast and Geodetic Survey out of this bill. 
 
LEGISLATIVE HISTORY 455 
 
 I\[r. Hale. Let that be done; and if there is any controversy hereafter ahnnt it, it 
 can come up by itself. 
 
 The ruRsiDKNT pro t(Mnpore. Is there o))jection lo the re(jnest of llic Senator from 
 Minnesota [Mr. Nelson]? 
 
 Mr. .ToNKs, of Arkansas. What is the request? 
 
 The I'KKsinENT pro tempore. To strike out the provision in relation to tiu> Coa.st 
 and (ieodetic Survey. 
 
 Mr. Nki-json. To leave the Coast and Geodetic Survey when' it is, in the Treasury 
 Department. We do not do anytliinj^ with it. 
 
 Mr. Bacov. lA't the proposed amendment l)e stated. 
 
 The President pro tempore. The amendment proposed by tlie Senator from Min- 
 nesota will be stated. 
 
 Tlu^ Secketakv. On page 3, section 4, line 11, it \s proposed to strik(! out "and 
 the I'liited States Coast and Geodetic Survey." 
 
 The amendment was a^reeil to. 
 
 Mr. (tAi.i.iNGEK. I sujj^gest that the word "and" be inserted after tlur won 1 "Inuni- 
 gration." 
 
 Mr. Nelson. I will move that amendment. 
 
 The I'resioent pro tempore. Tiu^ amendment will be stated. 
 
 The Secretakv. On page H, section 4, line 10, after the words " I'.ureau of Immi- 
 gration," it is proposed to insert the word "and." 
 
 The amendment was agreed to. 
 
 Mr. Si'ooNER. 1 will move an amendment to the amendment of the Senator from 
 Ma.s.sachusetts [Mr. Lodge]. In line 2, after the woni " fornuilate," 1 move to 
 insert the word.s " under his direction;" so as to read: 
 
 A person, to be dcsignatert by the Secretary of State, shall be iiiipoiiiteil to formulate, iiiidcr his 
 direetion, for the instruction of consular officers, etc. 
 
 Mr. Nelson. That is perfectly satisfactory to me. 
 
 Mr. Spoon ER. "To fonnulate" is very different from "to formulate mider his 
 direction." 
 
 Mr. Nelson. That amendment makes the language in harmon}- with the other 
 provisions of the bill. 
 
 Mr. I'Erris. As to the amendment offered by the Senator from Massachusetts [Mr, 
 Lodge], he took great ])ains to prepare it, and as the bill is going over, I suggest that 
 this amendment also go over with it. 
 
 Mr. Nelson. I have l)een hoping to get a vote on the l)ill to-day. 
 
 Mr. ILvLE. The Senator from Massachusetts [Mr. Lodge] and 1 are in entire accord; 
 and if he had not offered tlie anu'udment J should have done so. I have no idea 
 that the Senator from jNIassachusetts, if here, would object to the i)roposed change. 
 It is in line with what he and I had in view. 
 
 jVIr. Nekson. Theie is no objection to it. 
 
 Mr. Pettus. Is it proposed to vote on the bill now? 
 
 Mr. Nelson. Yes, sir. 
 
 Mr. P.AcoN. Oh, no. 
 
 The President \)H) tempore. The amendment ])roposed by the Senator from Wis- 
 consin [Mr. S))ooner] to the amendment of the Senator from Massachusetts [Mr. 
 Lo<lge] will be stated. 
 
 Tlie Secretary. It is proposed to amend the amendment of Mr. Lodge in line 2, 
 after the word "formulate," by inserting the words "under his direction." 
 
 The amendment to the amendment was agreed to. 
 
 The President pro tempore. If there are no further amendments, the bill will l>e 
 reported to the Senate as amended. 
 
 Mr. Pacox. Mr. President, I trust the Senator from Minnesota will not ask the 
 Senate to vote upon tiiis bill to-day. It is certainly a very important and far-reaching 
 measure, one wliich the Senate would doubtless lik(^ to see in print and be givi-n an 
 opportunity to examine critically before ])assing upon it. It is a bill wln'ch creates 
 a most important departnu'ut of the Government, and I trust it may be found con- 
 sistent with the wishes of the Senator that it may ))e put in print as it has been 
 amended and go over until some future time. 
 
 Mr. Nelson. I a}>peal to the Senator from Georgia to allow^ us to take the vote on 
 the l)ill to-day. I want to say to the Senator — T know he is disjiosed to do what is 
 fair — that there have l)een no material amendments made to the bill to-day. I can 
 explain them all in the bill as printed. One amendment has been dropped out 
 about the Patent Otiice. That was agreed to the other <lay. We havi^ dmpped out 
 the Coast and (ieodetic Survey, and there has been a (-hange in phraseoloLjfy, 
 suggested by tlu^ Senator from Wisconsin [Mr. Spooner], to avoid any possibility of 
 any of the employees in the Lunau being transferred or continuing them in oilice 
 
456 LEGISLATIVE HISTORY 
 
 outside of their present status. Then there has been a slight amendment made to 
 the amendment of the Senator from Massachusetts, which relates simjily to consular 
 reports. The Senator from Georgia will be doing me a great favor if he will allow 
 the vote on the l;)ill to be taken to-day. I appeal to him for this reason : I should have 
 no objection to its going over, but the Senator is familiar with the proceedings in the 
 Senate. The Pliilijipine tariff bill will be called up to-morrow; it will lead to a great 
 deal of discussion. And there are other important matters coming up which will also 
 lead to a great deal of debate. So if this bill is now to go over its passage may be 
 very much delayed. 
 
 Mr. Clay. Mr. President, I will state to my colleague, with the permission of the 
 Senator from Minnesota, that I think this bill has been most maturely considered by 
 the Commerce Committee, and l>y the subcommittee, and the amendments which 
 have been adopted have l>een practically unanimously agreed to. I believe that my 
 colleague, on a few minutes' investigation, will agree that the vote shall be taken on 
 the bill to-day. I do not believe that anything can be lost by it. There has been 
 practically no opposition to this bill in the Commerce Committee. In fact, I believe 
 that the members of the Commerce Committee, with one or two exceptions, who were 
 not present, voted for the passage of the bill. For my part, I have considered it 
 maturely. I am in favor of the passage of the measure, and certainly it has com- 
 mended itself to my favorable consideration. It provides for reports as to foreign 
 markets and other matters, which doubtless will l^e of great benefit to the peo[)le of 
 the Unified States. So I hoi^e the Senator from Minnesota will l)e permitted to get a 
 vote on the bill to-day, Mr. President. 
 
 The President pro tempore. The question is on agreeing to the amendment sub- 
 mitted by the Senator from Massachusetts [Mr. Lodge], as amended on motion of the 
 Senator from Wisconsin [Mr. tSpooner]. 
 
 The amendment as amended was agreed to. 
 
 INIr. Bacon. Mr. President, the distinguished Senator from Minnesota [Mr. Nelson], 
 and my no less distinguislied colleague [Mr. Clay], it seems to me urge, without any 
 very great reason for it, the immediate consideration of this bill with reference to its 
 passage. The Senator fnnn Minnesota appeals to me as a personal favor. Why, Mr, 
 President, this is not a personal matter; this is not a matter which relates to the Sen- 
 ator personally in any way, nor to his section or State, and therefore there is no 
 ground upon which a personal appeal can be made. Nor, Mr. President, is there any 
 suggestion of a reason which makes it imperative that this bill should be disposed of 
 to-(lay. If there is practically no opposition to the bill, there is certainly no reason 
 why there should be an apprehension of undue delay hereafter. 
 
 I think in a matter of tliis kind it is due to the Senate that such a bill, before it is 
 put on its passage, should be in print, so that we may all see it and read it. I expect 
 to vote for the bill, but at the same time I want to have an opjiortunity to examine 
 it as it now stands. Some of these amendments have Ijeen made verbally. A num- 
 ber of amendments were made on the motion of the Senator from Massachusetts [Mr. 
 Lodge] the other day, not one of Avhich was reduced to writing, but made verbally 
 from his seat. They ought to be in print. 
 
 Mr. Spooner. The bill has been reprinted. 
 
 Mr. Bacon. That may be true; but the bill as it now stands has not been printed. 
 
 Mr. Nelson. Will the Senator allow me a word? 
 
 Mr. Bacon. Certainly. 
 
 Mr. Nelson. The amendments of the Senator from Massachusetts, except the one 
 amendment acted upon to-day, are incorporated in the bill as it was reprinted. I 
 want to say further to the Senator that the bill has been under consideration on three 
 different days, and the amendments which to-day have been made to the bill are 
 simjde amendments. I think the Senator can see the force of them at a glance. I 
 hope he will agree that the vote may l)e taken to-day. 
 
 Mr. Bacon. Mr. President, I do not oppose a vote at this time for the purpose of 
 antagonizing the bill. I repeat I expect to vote for it, but at the same time I desire 
 to have the opportunity to see the bill as it will l)e when put upon its passage. 
 
 Mr. Nelson. Will the Senator agree that we may take a vote on the bill to-morrow 
 at 2 o'clock? 
 
 Mr. Bacon. I am perfectly willing that the Senate should agree to that. I do not 
 know whether my special agreement w^ould be of any advantage, but, if the Senator 
 so desires, I have no objection to the Senator having an agreement of the Senate to 
 that effect, if he can get it. 
 
 Mr. Vest. I should like to ask the Senator in charge of the bill wliat was done in 
 relation to the Coast and Geodetic Survey? 
 
 Mr. Nelson. That was dropped out of the bill. 
 
 Mr. Vest. And left in tlie Treasury l^epartment? 
 
 Mr. Nelson. Yes; left in the Treasury Department. 
 
LEOISLATIVK HISTUKY 457 
 
 ^Ir. Vest. What was dono witli reference to the I'ateiit Ollice? 
 
 ^Ir. Nki,s()N. Tliat was (hopiied out, aii<I the Patent Olliee is to l)e kept where it is, 
 in the Interior l)epartnK'nt. 
 
 ]\[r. C'ocKKKM,. Wiiat alxuit the Census ( )lliee'.' 
 
 Mr. Njci.soN. That is left in the bill. 
 
 I\Ir. Vesm'. Mr. Pn-sident, the otlu'r day — I could not Iioar distinctly on account of 
 the talk tliat was troing on all around me here — Init in a colUxiny which took i)lace 
 between the senior Senator from Maine [Mr. Hale] and the Senator from Minnesota 
 [Mr. Nelson] I understand there was some Hort of an af^reemeiit that the Coast and 
 Ceodetic Survey should be transferred to the Navy Department. It seems now, how- 
 ever, as I am informed by the senior Senator from JNIaine, there was some sort of an 
 ajireement or nnderstanding that it should be only left in the Treasury Department, 
 wliere it is now. 
 
 1 w ant to state this — and I have a right iindt^r the rules to state it — in tlie Commit- 
 tee on Commerce, from which the bill came, 1 voted for the bill with some reluctance, 
 because, as a general ]>roposition, I am opposed to mnltii)lying oMices. 1 reluctantly 
 agreed to vote for it, because I remember a remark made at one time by I>en Hardin, 
 of Kentucky, in my boyhood, in regard to oflices, which I have never forgotten. 
 He said, "If you want to have more martins, i)ut uj) more martin boxes." The projv 
 osition he was discussing was in regard to making the judiciary in Kentucky elective 
 in the constitut ii m ( if 1 S41). When you create more oflices you will always, as a matter 
 of course, find })eoi»le to till them. 
 
 There are occasions in which it is absolutely necessary to furnish instrumentalities 
 for the business of the Government. We have arrived at a stage where it is abso- 
 lutely necessary, in my opinion, to increase the departments. Let me say, as a 
 corollary to that ]iroposition, it is necessary to build new edilices for the accommo- 
 dation of the dei)artments. We pay now annually over $180,000 rent in this city for 
 houses and rooms which are occupied by the deitartments. When we are selling 
 oin- bonds at 2 per cent interest, we pay these enormous rents directly in the teeth 
 of all correct business principles. 
 
 I think there ought to be two more de])artments of the Government. We ought 
 to have a Department of Commerce. In my judgment it is al)solutely necessary. 
 But when it comes to the question as to where the Coast and (ieodetic Survey ought 
 to be, 1 am unequivocally opposed to recognizing that it is now in the i)roper De2:)art- 
 ment. The Treasury Department in its special functions has no more to do with the 
 Coast and (ieodetic Survey than a steamer on the ocean has to do with the planting 
 of a lielfl of corn. 
 
 This I'ureau ought to be taken out of the Treasury Department. The Treasury 
 Deiiartment now, as every Senator knows, is overloaded to the verge of absurdity. 
 The Interior Department, although we took one great l)ureau from it — that of Agri- 
 culture — is now four departments in one, and th(^ want of accommodation in the way 
 of room for these departments lias become so apparent that no Senator here will rise 
 and say that the acconnnodations o'f the officers of the Government in those depart- 
 ments are decent or comfortable. 
 
 If any Senator will point out to me how the Coast and Geodetic Survey is in any 
 way cognate or apjjropriate in the Treasury Department, I shall l)e very much 
 ol)liged to him. 1 understand the ^proposition now is to put it in the Navy Depart- 
 ment. It seems tome the Navy Dejiartment is large enough now. We hear con- 
 tinued complaints tiiat the building in which it is loi'ated is insutlicient for the accom- 
 modaticm of the service. Then why should this Bureau, not connected with the 
 Navy, not necessary to the functions of the Navy, be taken from the Dei)artment of 
 the Treasury and ])ut in that of the Nav}'? 
 
 I do protest againt the i>utting of the Coast and Geodetic Survey with the linancial 
 de|)artment of the (lovernment or putting it witli that of the Navy. 
 
 ^Ir. Bacon. I have not participated in the deliate, although I have given attention 
 to what has been said by the Senator in charge of the bill and by those more directly 
 connected with it as members of the connnittee. I should lik(! to know ni>on what 
 theory the Census Bureau is to l)e i)ut into the Department of Conunerce. If it 
 relates to it in any manner I confess my inability to see wher(^ that relationship is 
 found, and I should like for the distinguished Senator from Minnesota to tell us upon 
 what theory it has been deemed jtrojier that a I)e]>artment of Commerce sluiuld have 
 charge of a census bureau. 
 
 Mr. Ni:i.soN. I think tiie Senator from Georgia was not in the Chamber or he 
 would not Jiav*' asked this question, fori covered that ground in my general remarks 
 u]K)n the bill. 
 
 On looking over the statistical work of our different departments we find it scat- 
 tered. There is in tlie Department of Static a statistical department, called the 
 Department of Foreign Commerce, which compiles statistics from our consular 
 
458 LEGISLATIVE HISTORY 
 
 reports. Then there is in the Treasury Department a statistical bureau, and the 
 Senator from (ieorgia is familiar with that. 
 
 The Census Otiiee is wholly a statistieal office, gathering and compiling vital sta- 
 tistics and statistics as to our connnerce, our manufactures, our shipping, and every- 
 thing that pertains to the industrial development of this country. It occurred to the 
 committee, as it has to me, that there is a great deal of duplication in the .statistical 
 work, and that it would be better to get the statistical work all grouped in one 
 department, to wit, the Department of Commerce, which relates to commerce and to 
 our industrial development, manufacturing, shipping, and fishing interests. By gi't- 
 ting the statistical bureaus together by and by some Secretary of the Department of 
 Commerce, after having observed the workings of the different bureaus, will ))e able 
 to prepare and formulate a plan or progrannne for a future Congress by which the 
 statistical work can l)e done under one head and as one work, so that when we come 
 to look up statistical matters we can find them in one publication. 
 
 In the Department of Labor, which is to be transferred to this new Department, 
 there is a good deal of statistical work, and we have in the Agricultural Department 
 a statistical division. Now, if we group all the statistical work together under one 
 executive head, whether in the State Department, the Treasury Department, the 
 Department of Dabor, or the Census Office, we can by and by so adjust matters 
 relating to statistics as to have our statistit'S taken as an entirety and to have our sta- 
 tistical work furnished us in one compilation. Then, when we come to look up for- 
 eign commerce, we shall not have to look to the State Department for the juiblication. 
 When we come to look up other statistical matters, we shall not have to look to the 
 Treasury Department. When we come to look up the matter of vital statistics and 
 labor statistics and other commercial and industrial statistics, we shall uot have to 
 look to the Census and Labor l)ureaus. I think if my friend from Georgia were at 
 the head of the new Department — and I should be glad to see a man of such al)ility at 
 its head — one of the first things he would consider would be the work of these difft-r- 
 ent statistical divisions, and he would endeavor to see if it Avere not possible to fo_r- 
 nuilate some plan or programme by which they could work in harmony and _ in 
 entirety, so as to give to Congress the results in one compilation and one publication 
 insti'ad of in a variety of publications. 
 
 M r. Bacon. I simply desire to ask the distinguished Senator whether the ] programme 
 which he has outlined is one in anticipation in its comi)leteness, or whether this bill 
 endeavors to complete it? In other words, does this bill provide for the transfer to 
 this particular Department of these various statistical divisions of the Departments of 
 the Government, orw ill the State Deijartment still have its statistical bureau and the 
 Treasury Department still have its? 
 
 Mr. Nelson. No; they are transferred. The Bureau of Foreign Commerce in the 
 State Department, the Bureau of Statistics in the Treasury Department, and the Cen- 
 sus Oftice are transferred to this new Department, but we could not at this stage for- 
 mulate any i)lan for united and harmonious work. That can only be done, or the 
 progrannne for it outlineil, when the three statistical bureaus ordivisions are grouped 
 together under one head and in one dei)artinent, where their workings and their 
 work can be considered and plans outlinetl for harmonious and united work. 
 
 I have no plan in view, and at this stage it seemed to me that all we could do was 
 to transfer these Bureaus at this time and group them under one executive head, and 
 then let the future decide whether we could not get the statistical work into one har- 
 monious whole, to the advantage of the Government in the matter of expense and the 
 advantage of the Government and ourselves in the matter of securing information. 
 
 Mr. Bacon. I desire to say, in justice to myself, that the Senator has made a very 
 clear statement and has suggested to m(^ a reason which had not occurred to me be- 
 fore. I think it is highly jiropiT that tiie statistical bureaus should, to some exIiMit 
 or to a very great extent, be put under one general control. Whether that control 
 ought to be under the Department of Commerce or under some other Departnient— 
 the Department of the Interior, for instance — I do not think makes any material dif- 
 ference, excei)t so far as practicable to e(juali/.e the labors of the different great 
 Departments of the (lovernment. 
 
 Mr. Clay. Mr. President, in appealing a while ago to my colleague to jiermit a 
 vote on this bill to-day I thought he was in thorough synii>athy with tlie bill and 
 that he had considered it maturely. I did not know that he wanted more time to 
 look into it. 
 
 N(jw, I agree with what the Senator from Missouri has said. I was a member of 
 the siibconmuttee of the Committee on Connnerce, which made a favorable report 
 on the bill. If Senators will examine the Congressional Record, they will find that 
 when tlu^ Dei)artment of Agriculture was (>stablished mend)ers of the Senate stated 
 on the fioor that it would b(i an unnecessary expense, but I doubt if there couM be 
 obtained a smgle vote in this body to-day to repeal tlu^ law creating that Departnient. 
 
LEGISLATIVE HISTORY 459 
 
 This country is growinfi; all the tinio, ami, as tlu^ Senator from ]\Iissouri has said, we 
 need a Department of Commeree. 
 
 We looked into this malter most eart'fnlly. Wo found Ihat the Treasury Depart- 
 ment was overerowded, and we took from that Department and hrought into this 
 lu'w ])epartment such hureaus as outrlit, in our judf^ment, to he transferred. We 
 likewise went to the Interior Departnu-nt, ]Mr. Tresident, and if Senators will take 
 the lifth section of this hill and read it, wliieh is the real {jist of the whole hill pro- 
 vidiiif; for the estahlishment of a Dej)artinent of Commerce, I can not possihly see 
 how any Senator can opjmse it. I ask unanimous consent tliat the liftii section be 
 printed in the IJecord as a part of my remarks. 
 
 The section is a« follows: 
 
 Sec. r>. That tluTo shall ho in the Department of Commerce a bureau to be called the Bureau of 
 ManufiK'tures, ami a chief of sai<i Bureau, who shall he appointed by the President, by and with the 
 advice ami consent of the Senate, and who shall reecive a salary of" 83,000 per anninii. Tlicro shall 
 also t>c in said liin-i'uu one chief clerk and s\ich other clerjeal assistants as may from time to time 
 be authorized by t'onsress. U shall he the province and duty of said Bureau, undiT the direction of 
 the Secretary, to foster, jiromote, and develop the various manufacturing industries of the United 
 States, and liiarkels for the same at home and abroad, domestic and foreign, by gathcriuK, compil- 
 ing. i)nblishinif, ami supi)lyin,u: all available and useful information concerning such industries and 
 sueli markets, and by such otlier methods and means as may be prescribed by the Secretary or jiro- 
 vided by law. .\ml all consular otlicers of the United States", including consuls-general, consuls, and 
 commercial agents, are hereby required, and it is made a part of their duly, under the direction of 
 the Secretary of Slate, to gatherand compile, from time to time, upon the request of the Secretary of 
 Commerce, useful and material information and statistics in respect to the commerce, industries, and 
 marki'tsfif the countries and places to which such consular officers are accredited, and to send, 
 under the directiiai of the Secretary of State, reports quarterly, or oftener if required, of the informa- 
 tion and statistics thus gathered and compiled, to the Secretary of the Department of Commerce. 
 
 I should not liave appealed to my colleague to permit a vote on this measure to-day 
 hut that I thouglit he had maturely considered it. It has 1)een before the Senate 
 for s(^'veral tlays; hut, of course, if the Senator has not had time to examine the bill 
 carefidly, I would not appeal to him to allow a vote to-day. My reason for doing so 
 was sim]>ly that I thought he thoroughly understooil it. 
 
 ]\1 r. BacoSj. I just simply admit that I do not thoroughly itnderstand it, and I want 
 to understaiKl it before 1 vote on it. I am not the only Senator who occupies that 
 position. I aui in accord with tlie ])roiiosition that we should have an additional 
 department. I expect to vote for this bill, but I desire to read it; and if I have the 
 right so to do, I shall ask that a vote be not taken to-day. I am perfectly willing 
 that a vote shall be taken to-morrow. Of course I have no right to make an agree- 
 ment of that kind; lint if the Senate sees proper to make it, I shall have no objection. 
 
 I\Ir. PETTrs. I desire to inquire of the Senator in charge of the bill what is the 
 exact meaning of the words on page 3, line 19, "The Department of Labor." What 
 is tiie intention of those words? 
 
 Mr. Nklson. It is called a department, but it is not an executive department. 
 Let me call the Senator's attention to tiie Agricultural Department. It was called g 
 department for years, l)ut it had only a Conmiissioner at its head. It was not until 
 1889 that it was made an executive department. Now, this is called the Depart- 
 ment of Labor, but it is not an executive department. It is really an independent 
 dejiartment, n(jt belonging to any di^partment, standing by itself. 
 
 jlr. Petti's. It is an independent department, standing by itself, called a depart- 
 ment? 
 
 ]Mr. Nelsox. It is not an executive department. 
 
 iSIr. PETTrs. I under.'^tand, but the purpose of this bill, so far as those words are 
 conci'rned, is to transfi-r all the duties of that department to the new one? 
 
 ]\Ir. Nelson. Yes, sir; Imt leaving the work of the dei)artment, as well as the 
 force and everything else, undisturbed. 
 
 Mr. Pettis. Had you not better have two words to mean different things? You 
 have a department in a department. That does not sound very well. 
 
 Mr. Nelson. I know, but the misfortune is this, I will say to my friend the Sena- 
 tor from Alabama: In the law it is to-day called a department — the Department of 
 Labor — but it is not an executives department, and the head of it is nota member of 
 the Cabinet. It is technically really an indej)endent I)ureau. Before the C'ommis- 
 sioner of Agriculture became a Cabini't olficer we had a Commissioner of Agricul- 
 ture, and he presided over what we called in law the Department of Agriculture. It 
 was called a department long before we got a Secretary who was a member of the 
 Cabinet. The law nud<ing it an executive department was enacted in 1889, if I 
 remember it aright, when it was for the first time made an executive dei>artnientand 
 the head of it a Secretary. Before that he was called the Connuissioner of Agri- 
 culture an<l till! dei)artinent was called the Agricultural Department. 
 
 Mr. Pettis. Then i\tr, )iin']>ose of this bill, s<j far as those words are concerned, is 
 that the Department of Commi'rce shall absorb the Department of Labor? 
 
 Mr. Nelson. It shall absorb it in this way: It shall be like all these other divisions 
 
4(U) LEGISLATIVE HISTOEY 
 
 and bureaus of the ]mblic service — transferred to it under tliat executive head, l)ut it 
 does not contemplate the dismantUng of the Department of Labor. It (h)es not con- 
 temphite changing the functions of it or at all disturbing the force. Tlie bill simply 
 places it in the Department of (Commerce, so that its work relating to the labor inter- 
 ests of the country (and a good deal of its work is of a statistical character) may 
 articulate and work in harmony with the other bureaus and divisions of the new 
 Department. 
 
 Mr. Pettus. I do not desire to discuss the bill; I merely wanted that information 
 for the present, but I do desire that the bill shall go over. 
 
 Mr. Nelson. In view of the request made, I ask imanimous consent tliat we may 
 take a vote on the (juestion of the passage of the bill to-morrow at 2 o'clock. 
 
 Mr. FoRAKER. At what liour? 
 
 The President pro temi)ore. Two o'clock. 
 
 Mr. Pettus. I may as well say that I can not agree to that. 
 
 Mr. Nelson. Would any other liour to-morrow, or any other day, suit? 
 
 Mr. Pettus. I do not see the necessity of ]ircssing the ])cnding bill in this way. 
 Although it is a measure much favored, still 1 think it ought to take the ordinary 
 course. When gentlemen want to discuss and examine a measure, there shouhl be 
 no attemjit to press it to a vote in a few days. I want this bill to go over. I do not 
 know that I shall vote against the bill as a whole, because I am in hopes there Avill 
 be some amendments added to it which will make it palatable to some of us who do 
 not like it in its present shaj^e. 
 
 The President pro tempore. If there be no further amendments, tlu' bill will be 
 rep(jrted to the Senate as amended. 
 
 Mr. Pettus. There is an amendment pen ling wlr'ch has not been acted upon. 
 
 The Presij)ENT pro tempore. What amendment is that? 
 
 Mr. Pettus. It is an amendment to strike out certain words in line 11 on page 3. 
 A motion to that effect was made at the last session of the Senate, and it is so printed 
 in the bill. 
 
 Mr. Hai,e. That has been voted on to-day. 
 
 Mr. Nelson. It has been acted on. 
 
 Mr. Pettus. I have not heard it acted upon, and I have l)een here watching it all 
 the time. 
 
 The President pro tempore. Every amendment which has l)een i)roposed up to 
 this time has been acted upon. 
 
 ]Mr. Cockrell. I move, in line 15, page 3, after the word "Department," to strike 
 out the words: 
 
 And that the Census Office and all that pertains to the same be, and the same hereby are, trans- 
 ferred frdm the Department of the Interior to the Department of Commerce, to remain henceforth 
 under the jurisdiction of the latter. 
 
 I understand the Patent Office has already been stricken out. It leaves in the 
 Census Office. I fail to see any reason on earth, above it, or beneath it, wh}' the 
 Census Office should be put under the Department of Commerce. It is an offii'c 
 which only once in everj^ ten years takes the census of the living and of such things 
 as may be jirescribed by Congress, and it does it in obedience to the Constitution. 
 Now, why should that be placed under the Department of Commerce, which has not 
 a solitary thing to do with it? It jarimarily takes only the j)()pnlation and the nec- 
 essary statistics in connection therewith, and it is not done annually; it is done only 
 every ten years. It does not affect the project of the Senator from Minnesota to have 
 all tile statistical bureaus consolidated. The Census Office is not, in the strict sense 
 of the word, a statistical bureau which gives information every year. It gives it only 
 every ten years. Then it has to have a very large force, and as s(jon as the Avork is 
 done the great bulk of that force is discliargi'd. 
 
 Now, you put them together and CDiisoiidati' a number of these offices, and the 
 result will be that the first time the census is taken after the offices are consolidated 
 the entire force of clerks put into it will be kept there, and it will add millions of 
 dollars to the expenses of the Government. You can not avoid it. As it is now, 
 every ten years the census is taken. The force is employed for two or three years, 
 and then discharged. There is no further expense — that ends it. We have l)een 
 limiting tlie operations of the Census Office. We limited it to three years. The 
 present Director of the Census will complete the work within the time prescribed by 
 Congress, and then the great body of clei'ks will l)e discharged, and there will be no 
 necessity for this P>ureau being under the Department of Conmierce. You have 
 already provided enough to keep the new Secretary busy. You already have enough 
 business before him to make the new Department as great as any one of the other 
 Dejiartments, and why insist njion incorporating that which is not kindred in any of 
 its labors or duties or the results of its labors? I hoi)e the words will be stricken out. 
 
LKCJISLATIVE UlSTOKY 461 
 
 Till' I'i;k.sii>knt pro tciuiioiv. Tin- Si'iiutor frniii Missouri [Mr. ('ockrcll] offers an 
 aiiH'ii(liiu'iit, wliicii wiJl lie stated. 
 
 Tlie SicruKTAitv. In line 15, pa.if*' ■">. section I, after llie wonl " Uepartnienl," it is 
 prc)]tosetl to strike out the wonls: 
 
 Alicl tliiit till' Ci'iislis Ollici', lUiil ill! Ilml iicrtains to the s.-iiiu', he, and tliu .suiiR' licri'liy iirc, Iriui.s- 
 iViTcd from llu' Di'partiiieiilof tlie liitirinr tn thu Drparliiu'iit of CoiuiiHTce, to rumaiii liuiicuforlli 
 iiiiiUt tin- juiisdiclioii of tlic latter. 
 
 INIr. Ai.iJsoN. Mr. President, 1 hope the amendment proposed Ity the SeJiator from 
 Missouri will be adopted. We haxH- never heretofon^ made jirovision for the Census 
 Ollice in any re;iular bill relating,' to a department. It is usual, and has been for many 
 years, to jirejiare a separate l>ill each ten years in which it is provided how the 
 census for the decennial period shall betaken. In those bills heretofore we have 
 ])rovided that the eensu.s shall l)e under the Secretary of the Interior. Now, when 
 we come to deal with the census question, if it shall then appi-ar that it is better to 
 assii^n it to the new DepartmiMit, the Department of Commerce, there will be no 
 oliji'ctiiin. But it f^eems to nie we liave already ])rovided very amply for this 
 Deiiartment witlnmt <ratherin<; into the bill creating it nuscellaneous le}j;islation 
 which heiitolore has been providi'd for only once in ten years. J suo;u;est to my 
 friend from Minnesota that he allow this to pass l)y and that it be provided for 
 when we ])rovide for taking the next census. 
 
 Mr. ^IcCrMiiioK. Mr. Tresident, I shotild like to ask the Senator from Minnesota 
 whether it is not a fact that tive-sixths of the work that is to be accomplished by this 
 new J)ei)artnient is work which is now being accomplished by the Census l>ureau; 
 and as to the statistics that we are supposed to secure from this new Department, 
 could we not to-day get nine-tenths of those statistics from the Census Bureau? It 
 seems to me that the Census Ollice, as a single department, to-day is more important 
 really than tlie new ollice which is about to be created; and we are asked to make 
 that merely a dei)artment mider the general Department of Commerce. 
 
 That being the case, it seems to me we are taking one of the old-estaljlislied depart- 
 ments and practically destroying it, placing it under another department as a mere 
 wing; the more important made the least itnportant in this bill. 
 
 Not only that, but I understand there is a feeling which has l>een expressed l)y 
 meml)ers of the Senate as well as by members of the House that the Census Bureau 
 should be made iiermanent; audit it is made permanent we would be able to get 
 from that department the statistics reiiuired, and it would be the ])roper department 
 to go to. It would ])c the dei>artment which would have the gathering of statistics 
 and facts concerning any matter from the very beginning, and would be the jiroper 
 department to which to go to secure what infortnation we desire. I myself can not 
 see any good reason for swallowing up the Census Office practically in the new 
 Department of ( 'ommerce. 
 
 Mr. Tkij.eh. Mr. President, unless the de])ate is carried on so that we on this side 
 can hear, we shall be under the necessity of asking that the matter go over until 
 to-morrow, that we may read in the Record what Senators have said. I do not 
 belii've a Senator on this sitle of thw Chamljer has heard a word of what was said by 
 the Senator who has just taken his seat. That was probably due to the noise and con- 
 fusion in the Chaniber. 
 
 Mr. Nelsox. JNIr. President, I do not intend to reargue this matter. I simply wish 
 to call the attention (^f Senators to the fact that the Census Bureau is now' under one 
 of the Fyxecutive Departments. It is a part of the Interior l)ei)artment. In trans- 
 ferring it to this Department, it was not our purpose at all to have anything to do 
 with the other (|uestion which has been suggested here, as to whether the work of 
 tin- Census Bureau shotdd be made permanent. The census, as the Senator from 
 iNIissoiiri has well said, is takt'ii only once in ten years. That is the fact in the field, 
 but the compilation and juiblication goon. I dare say some of the work of i)ul)lish- 
 ing the volumes and indexing them and delivering them to Senators will continue 
 for one or two years longer, although I am not familiar with that subject. 
 
 The (luestion whether or not the Bureau shall be i)ermanent never entered into 
 my consi<leration or into the consideraton of any member of the Committee on Com- 
 merce, I think. \Ve simply looked at the question in the light of the fact that the 
 great work of the Bm-eau is of a statistical character. It is not all a matter of popu- 
 lation. When it comes to the matter of population and vital statistics, of course our 
 plan is to take those statistics once in ten years, l)ut when it comes to other statis- 
 tics, relating to oin- manufactm-ing development, otir shipiiing interests, our naviga- 
 tion, our merchant marine, our conmierce at home and abroad, those are statistical 
 matters which can be gatherecl from time to time. They are gathered, to a large 
 extent, by the P>iu'eau of Statistics from year to year. 
 
 Now, personally, for myself I am not tenacious at all a])out this or any other (jues- 
 tion before the Senate in reference to this bill. I am simply anxious to get a bill 
 
462 LEGISLATIVE HISTORY 
 
 passed establishinj? a Department of Gommerce, which shall have charge of our com- 
 mercial and industrial interests. If Senators are of opinion that tlie work of the 
 census is not more germane and pertinent to the Department of Commerce than to 
 the Interior Department, I have n(jthing to say. 1 submit the question to the judg- 
 ment of the Senate. 
 
 The President pro tempore. The question is on agreeing to the auiendmexit sub- 
 mitted l)y the Senator fnjm Missouri [Mr. Cockrell]. 
 
 The amendment was agreed to. 
 
 Mr. Tellek. 1 wish to call the attention of the Senator who has this bill in-charge 
 to page 3, where it is provided that the Bureau of Foreign Commerce, now in the 
 Department of State, shall -he transferred to tliis new Department. Then later, on 
 page 4, there is this provision: 
 
 • And the Chief of said Bureau of Foreisn (Nnuinercc sliall bo the assistant chief of the said Bureau 
 of Statistics. 
 
 1 want the Senator to tell me what is the object of provi(Ung that the head of one 
 bureau shall be the assistant <if another. It seems to me to be a remarkal)le pro- 
 vision, and one which it is not very safe to allow to go in. But if the Senator can 
 give me a good reason, I will not move to strike it out. 
 
 Mr. Nelson. The reason is this, if the Senator will allow me: There is in the Depart- 
 ment of State a statistical bureau which was called the Bureau of Statistics. I think 
 one or two years ago the name was changed and it was called the Bureau of Foreign 
 Commerce. The work of that Bureau is mainly of a statistical nature, and it is con- 
 fined to our foreign commerce. It consists to a large extent in compiling statistics 
 and information gathered through our consular representatives abroad. 
 
 Now, it was the plan of the bill to t-onsolitlate that statistical work with the Bureau 
 of Statistics in the Treasury Department, and it occurred to the committe that in 
 transferring that work to the Bureau of Statistics, it being at the head of one branch 
 of the statistical work, it was well to make him the assistant chief. Now, this does 
 not intend to change the salary, or the scope of it. It simply makes him the assistant 
 chief, with the same salary he is getting now. It does not change liis salary or his 
 work in any material particular. It leaves him to work under the direction of the 
 Chief of the Bureau of Statistics, placing him as the next assistant, because of the 
 fact that he brings to that Bureau all the work that appertains to our foreign (com- 
 merce, and he is sui)posed to be moie familiar with that i)articular branch of the w ork. 
 
 Mr. Teller. Mr. President, the Bureau of Statistics, which is now in the Treasury 
 Department, is to be transferred to tliis Department, and then, a(!Cording to the 
 Senator's statement, the Bureau of Statistics in the State Department is to be trans- 
 ferred also, and we are to have the two bureaus in this new Department. The 
 trouble now with statistics in the United States is that we have a Bureau of Statistics 
 in the Treasury Department and practically a bureau of statistics in other divisions 
 as well as in other departments. We have a Bureau of Statistics under the Director 
 of the Mint, which is in the Treasury Department. We have a Bureau of Statistics 
 in the Agricultural Department and one in the Interior Department. In other words, 
 we have just as many bureaus of statistics as we have departments, and some more; 
 and I will guarantee that when these bureaus pass upon the same identical (juestion 
 no two of them have, in ten years, been able to agree to the same thing. You can 
 find statistics on the same subject coming from the same department that will not 
 agree within sometimes a million or two of dollars or within as many tons, if it is a 
 question of tons or bushels or whatever it may be. 
 
 There is not any statistical bureau in this Government in the strict and proper 
 sense of the term. The Statistical Bureau in the Treasury Department have no right 
 to revise the statistics of the Interior Dejtartment, nor even of the Treasury Depart- 
 ment under another bureau. Tlie Director of the ]\Iint i)uts out statistics that do 
 not very often agree with the statistics of the Statistical Bureau of the Treasury. 
 
 I have not l)een impressed, as some Senators have, with the crying necessity for 
 another department, but I have not felt like making any objection to it. About the 
 only consideration that has reconciled me to it was that there might be such a thing 
 as one statistical l)ureau that might be a bureau worthy of that name. 
 
 Now, it appears that the Senator from Minnesota proposes to transfer one statis- 
 tical bureau from the State Department and to leave it still an existing statistical 
 liureau; and that he proposes to transfer one from the Treasury and leave it a statis- 
 tical bureau. 
 
 Mr. Nelson. Will the Senator from Colorado allow me to interrupt him there? 
 
 Mr. Teller. Certainly. 
 
 Mr. Nelson. The plan is not to leave them distinct l)ureaus. The Statistical 
 Bureau from the State Dej)artment is to be consolidated with this other bureau. 
 
 Mr. Teller. Not by the terms of this bill. 
 
LEGISLATIVE HISTORY 463 
 
 Mr. Nelson. Yos. 
 
 ]Mr. Teli.iok. Oh, no. It may lie that tliat is what tlu- Senator ni(>ans, l)ut tliat ih 
 not what iwdoni'. 1 will call the Senator's attention to it. I am not doinj; this in any 
 hostility to the hill, hnt simply heeausi' we on<^ht to make this nieasnre as j>erfect as 
 we can. 
 
 I\Ir. Nelson. Will the Senator allow me to call his attention to the lanjinaj^e com- 
 mencing in line 2'A, at the foot of i)age 'A, following the semicolon? 
 
 That tlio Hiironu of ForoiKu Owimorce, now in tlic Dopartiiu'iit of State, bo, nn<l the same hereby 
 is, traiisferrufl to the Department of Commerce and consolidated witli and made a part of ttie Bureau 
 of Statistics, liereinbefore transferred from tlie De{)artmenl of the Treasdry to the Department of 
 Commeree. 
 
 Mr. Tem.eu. Well, it is still a burean. 
 
 Mr. Nelson. No; it is consolidated and made a part of it. It is not to be a sepa- 
 rate luirean any longer. 
 
 INlr. Teller. If it is t<i 1)0 consolidated that bureau onght to be "wiped out. The 
 Senator still recognizes that there is to be a chief of the bureati that exists in the 
 State Depart mi'ut, because that chief is to be the assistant of the bureau that is now 
 in the Treasury Department. How there can be a head of that bureau and the head 
 can be the assistant of the other bureau unless the two l)ureaus are still to exist I am 
 unable to see. If the Senator means that it is not to continue as a bureau, the lan- 
 guage of the bill should be changed. 
 
 Mr. Nelso.v. I call the Senator's attention to another part (»f the language that I 
 did not read: 
 
 And the Cliief of said Bureau of Foreign Connnenn' shall be the assistant chief of the Bureau of 
 Statistics; and it shall be the duty of said Bureau — 
 
 The consolidated bureau 
 
 Mr. QxTARLES. Where is that found? 
 Mr. Nelsox. I am reading on page 4- 
 
 and it shall be the duty of said Bureau— 
 
 That means the consolidated bureau — 
 
 under the direction of the Secretary, in addition to the duties now prescribed by law, to gather, 
 compile, classify, and publish statistical informati(m showing the condition of the foreign and 
 domestic commeree, of the mining, manufacturing, shipping, and fishery industries, and of the 
 transportation facilities of the United States. 
 
 It does not intend that there shall be two departments left. It is the aim of the 
 bill to consolidate and avoid the duplication of work. 
 
 Mr. Teller. 1 imagine, then, from what the Senator says, that what he proposes 
 is to legislate that chief, when he consolidated the bureaus, into the place of assistant, 
 but that he does not do. 
 
 Mr. CocKRELL. Not at all. 
 
 Mr. Telleh. That is what he wants to do. He has not done it. There will still 
 be two bureaus there. One come's from the Dejiartment of State and the other from 
 the Treasury Department. 
 
 INlr. CocKKELL. And there will be chiefs of each of them. 
 
 Mr. Teller. There will l)e chiefs of each of them, but one will have a dual rela- 
 tion, l)ecause lie will bi' the chief of one bureau and the assistant chief of the other. 
 Now, if the Senator means that there shall not l)e two bureaus, he must change the 
 language and put it so that we shall not have two bureaus. 
 
 In addition to that, I supposed, from reading this language, that it was the inten- 
 tion to keep the two l)ureaus. So I had proposed an ameinlment of this kind, to 
 strike out all in line 4, after the word "commerce," down to and including the word 
 "Statistii's," in line 6. That would do away with the i)roposition to make the Chief 
 of the Bureau of Foreign Commerce an assistant in the other bureati; but if it is the 
 pur[)ose of the Senator to consolidate those two and make only one bureau, with one 
 head, then he must change the language in some way. I do not know just how to 
 accom])lisli that purpo.>^e. 
 
 Mr. Nei,son. I will .<ay to the Senator 
 
 Mr. CocKitELf.. I suggest to the Senator from Colorado that he move to strike out 
 the words which occur there and to insert — 
 
 And shall constitute one bureau, with one chief and assistant chief. 
 
 Mr. Nelson. I will say to the Senator from Colorado and the Senator from Mis- 
 souri that it was c(>rtainly the purpose of this part of the l)ill to consolidate the two 
 existing bmvaus into one. 
 
 Mr. TELLEii. If that is what the Senator wants to accouiplish, I shall be glad to 
 have the amendment offered so that we may hav* a vote on it. 
 
464 LEGISLATIVE HISTORY 
 
 Mr. Vest. I should like to usk the Senator from Colorado a question. 
 
 Mr. Teller. Certainly. 
 
 Mr. Vest. The Senator from Colorado has been Secretary of the Interior, and a 
 very able one, I will say. How is it that we have a Statistical Abstract, wliich 
 includes not only the statistics of the Treasury Department but of all tlie other 
 departments? I understand that to be the authoritative, general statistit'al aljstract 
 of the Government, and while it is true that the Director of the IMint arid some 
 bureau officers report a statistical abstract, they are repeated and sent out'authorita- 
 tively from the general Statistical Abstract office of the Treasury Deijartnient? 
 
 Mr. CocKKELL. That goes from the Bureau of Statistics of the Treasury Department. 
 
 Mr. Teller. Yes; that is right. 
 
 Mr. Vest. It eml)races the statistics of all the departments. 
 
 Mr. CocKRELL. But it is nevertheless compiled in the office of the Bureau of the 
 Ti'easury Dejiartment and issued by that one office. 
 
 Mr. Vest. That is an authoritative publication for all of the departments, not of 
 the Treasury Department. If I want information about shii)ping, or the land laws, 
 or the num])er of fisheries, I simply go to the Statistical Abstract, which is the essence 
 of the reports of all the bureau officers under tlie head of the Treasury Department. 
 
 Mr. CocKRELL. My colleague is exactly right. It is in the Bureau of Statistics of 
 the Treasury Department that it is compiled and published. 
 
 Mr. Vest. That is true. 
 
 Mr. CocKRELL. We have now about twenty-odd volumes that have been issued. 
 It was about twenty-one or twenty-two years ago when the first Statistical Abstract 
 was issued, and it has been kept up annually ever since. 
 
 Mr. Teller. That is a very valuable document, and, as the Senator from Missouri 
 says, it is issued under the control and direction of the Treasury Department. Some 
 years ago, in making a si^eech, I quoted from the published report of the Director of 
 the Mint and I was caught up by a gentleman wdio had the Statistical Abstract. It 
 was on a question of the amount of precious metals produced in a country, and I 
 found between two and three million dollars diffei'ence in the Statistical Abstract 
 and in the published report. I had quoted without the book, but I happened to 
 have with me the repcjrt of the Director of the Mint, and I turned to it and showed 
 that the discrepancy existed in the ].ul)lished reports of the Government. My 
 attention having been called to it, I found that to be the case in more than one 
 instance. 
 
 We have never had, as a rule, a trained statistician in the Treasury Department. 
 By the time we have got a man educated in the Treasury Department so that he 
 knows anything about statistics he is turned out and a new one put in. That has 
 been the rule. 
 
 The present statistician in the Bureau of Statistics of the Treasury Department, I 
 think — I say without any discredit to him — had no experience and no particular 
 claim to qualifications to be placed there. He is a man of pretty good ability and 
 industry, and by the time he gets ready to go out and some other person comes in 
 he will be a good statistician. He has done some very good work. I am not going 
 to criticise him at all, but the statistical l)ureau of the Government of the Uniteil 
 States ought to have at its head a man who is a statistician by experience and 1)y 
 nature, because those things go with a man. Every man can not make a statistician 
 of himself, and when he is there he ought to stay there. He should not l)e removed. 
 Itehould not be a political office. Then whenever a man takes up a statistical state- 
 ment, or any conclusion that he may see fit to draw from it, it will have the authority 
 of experience, and, more than that, of learning. 
 
 I thought, if the Census Office was turned over to this new Ijureau, I could see some 
 propriety in liaving a statistical bureau in the Census Office, and then if the census 
 should be made, as I thought perhaps it would and I was in hopes it would, a per- 
 manent bureau, with a limited number of employees in it during the time they were 
 not taking the national census, we could get a fair statistical reimrton every question. 
 
 I do not want to make these criticisms of the statistical work of the Government, 
 which is not jierfect by any means, without saying that in my judgment it is as good 
 as the statistical work of any other government in the world. I have taken some 
 pains and I liave had some experience with the examination of the English statistics 
 and the French statistics particularly. 
 
 I ought to say, in justice to the Statistical Bureau, that I believe our reports stand 
 well abroad. But they are not perfect by any means. They are not what we ought 
 to have, and they are not what w'e can have if we go at it right. This Bureau is in 
 the i)lace where it ought to l)e, but there ought not to be two bureaus there, nor 
 ought a man who is at the head of one to lie the assistant in another. The head of 
 the Bureau, I repeat, should be a trained statistician. The assistant should be a 
 trained statistician. His employees ought to be trained statisticians. What is the 
 
LEGISLATIVE HISTORY 4<*)5 
 
 use of puttinjr a now num in a bun-au like that, eitiier at tlio lioad or at the foot, I 
 do not faro where you \)\\t liiin? You have jrot to have inatiuMnaticianH. It is a 
 work which n'liuiroH the hijj;liest possible talent in the many particulars. I want to 
 <ret that if we can, and 1 wish to have the bill so framed that there will be no mia- 
 uuderstandinjz: on the subject and so that it will be known that there is to be but one 
 bureau oi statistics there. 
 
 Now, you can not dispense entirely with what need not perhaps bo called a bureau, 
 but a statistical division, in every other department. Every department should have 
 its statistical division, which should be subordinate to the general statistical bureau, 
 so that before the Secretary of the Interior is allowed to send out statistics they 
 shoidd go to the bureau of statistics for revision, and you never will have a proper 
 statistical bureau and proper statistical statements until you get to that condition. 
 
 Now, if the (Senator from ]Misst)uri [Mr. Cockrell] will move his amendment, we 
 will at least accomplish that and have it settled tliat there is to be but one statistical 
 bureau in the new Department. 
 
 ^Ir. ('<i(KHELL. In line4, after the words, " the Department of Commerce," I move 
 to strike out "and the chief of said Bureau of Foreign Commerce shall be the assist- 
 ant chief of the said lUireau of Statistics," and insert: 
 
 And the two shall constitute one bureau, to be called the Bureau of Statisties, with a chief of the 
 bureau and one assistant. 
 
 IVIr. C^UAKLES. Mr. President, I nuich regret that I was not in the Cliand)er when 
 this debate originated. I can not help feeling that we are making a mistake in strik- 
 ing out the Census Bureau from the bill, and when it shall be in order 1 siuiU move 
 to reconsider the vote by which the Census Bureau was stricken out. 
 
 1 concur most heartily in the suggestions just made by my distinguished friend 
 from Colorado [Mr. Teller]. I believe, sir, it is the common experience of Senators 
 here that we are running mad on the tjuestion of statistics. Eacli bureau that we 
 create starts immediately to develop and spread itself and extend its functions, and 
 it begins to reach out directly after statistics, until every ))ureau that wi; have is now 
 furnishing statistics that, in my judgment, are crude and, as the distinguished Sena- 
 t<ir says, unreliable. Statistics are worse than worthless unless they are accurate, 
 because they are misleading. 
 
 Now, we have not far to look for the reason of the inaccuracy of statistics that these 
 several bureaus are gathering. The reason is that they are gathered sometimes by 
 vulmiteers, always by men without exi)erieuce. They are brought together and col- 
 latiorated not l)y trained statisticians ))ut by men who have been selected simply as 
 the head of a bureau, with specific duties imposed upon them. In my judgment, sir, 
 we shall never have any statistics that are reliable until we organize one central 
 bureau and keep it as a permanent organization, with trained men not only at the 
 head but throughout every subdivision. 
 
 Now, how are we to arrive at that state of affairs so much to be desired? I ven- 
 ture to say, sir, that if these several statistical l)ureaus are left attached t( > the various 
 I)ei)artment.s, you will never be aide to consolidate them, because the minute you 
 attack that Inireau and undertake to coud)ine it with something else you arouse jeal- 
 ousy, susj)icion, and opposition, and the peojde interested in promoting that bureau 
 come here and oppose the measure. 
 
 But I thought I saw, JNIr. President, in this bill a convenient and appropriate 
 method of arriving at the conclusion we all desire, namely, l)y having all these 
 bureaus and the Census, whether it be made permanent or not, put into this new 
 Department, wdiere we may place an organizer who will organize it, as we all desire, 
 into one great, reliable bureau, destroying all jealousy and putting at its head men 
 who are capable of furnishing us statistics which are accurate and relial)le. 
 
 Now, it is the desire of the Connnittee on Census, of which I have the honor to 
 be a niem])er, in the near future to present to this body the reasons why there ought 
 to be a permanent Census Bureau instead of having each ten years mere sjiasmodic 
 work — emergency work. I did not suppose that the question would be anticipated 
 or raised by this bill; but let me call your attention, Mr. President, to what we are 
 doing. Now I ask Senators to look on page 4 of this l)ill, connnencing at line 8. 
 
 Before I read this language, let it l)e remembered that under existing law the pres- 
 ent Census Bureau is to complete by the 1st day of July, 1002, and })ul)lish, the 
 reports on the four princijial topics: Population, vital statistics, manufactures, and 
 commerce. That innnediately afti'r that the J5ureau is comnnssioned by law to 
 obtain the statistics regarding mines and mining and report that, and then to take 
 up the subject of crimes, i)auperism, transportation, and many otlier topics that are 
 still after that to be collected and published. 
 
 Now, connnencing on line 8, let us see what we are asking this Bureau to do. 
 
 27628—04 m 
 
466 LEGISLATIVE HISTORY 
 
 Mr. Teller. On what page? 
 
 Mr. QuAKLEs. Oil page 4. After taking the i)rovision for the Census Bureau out 
 of this bill, see how comi)letely you are providing here for duplicating these statis- 
 tics. 
 
 In addition to the dnties now prescribed by law, to gather, compile, classify, and publish statis- 
 tical information showing the condition of the foreign and domestic commerce, of the mining, man- 
 ufacturing, shipping, atid fishery industries, and of the transportation facilities of tlie United States. 
 
 That is precisely the work that you have devolved upon this Census Bureau, pre- 
 cisely the work that will engage the energies of that Bureau for the next four or five 
 years. 
 Mr. CocKRELL. It will complete its work by next June. 
 
 Mr. QiTARLEs. My distinguished friend is certainly mistaken, l)ecause by the text 
 of the bill it has until the 1st day of July, 1002, to publish the tables regarding four 
 principal topics — population, vital statistics, manufactures, and comnierc'e — foui- vital 
 points. After that it takes up mines anil mining, and is commissioned to make thor- 
 ough investigation of mines and mining, the number of men employed, the amount 
 of metal removed, and all that subject. After that it then takes up a dozen other 
 topics, as to which it will consume two or three years to properly prepare the statis- 
 tics. 
 Mr. FoRAKER. Will tlie Senator allow a question simply for information? 
 Mr. QuARLES. Certainly. 
 
 Mr. FoRAKER. Has not the Census Bureau already entered upon the work which 
 the Senator speaks of as contemplated by the law after the four main subjects have 
 been reported upon? 
 Mr. QuARLES. Certainly. 
 
 Mr. FoRAKER. They are already engaged in that work at this time? 
 Mr. QuARLES. Certainly. 
 Mr. FoKAKER. That is what I understood. 
 Mr. QiTARLEs. Yes, sir. 
 
 Mr. Teller. Will the Senator allow a suggestion? 
 Mr. (iuARLEs. With pleasure. 
 
 Mr. Teller. I understand from perfectly relial)le authority that there will be a 
 large force necessarily retained in the Census Office for the next four years. 
 
 Mr. QuARLES. Certainly; for five years. If I had time to elaborate that, I think I 
 could show the Senate that five years would not be an inadequate period within 
 which to gather accurate statistic'S concerning the topics already assigned to this 
 Bureau. Then it will require at least three years to prepare for taking the Thir- 
 teenth Census, a gigantic task, because there will probably be 100,000,000 people 
 to be enumerated, an immense increase in all manufacturing and industrial lines, 
 our insular iiossessions also to come in, with all thegreat work involved in the prepa- 
 ration to enumerate those i)eoples over there, who speak a different language, who 
 have different customs, with all the other difficulties that cluster about that work 
 which will suggest themselves readily to any Senator thinking of the subject for a 
 moment. 
 
 JNIr. Bacon. The distinguished Senator will i)ardon me a moment, if 1 <lo not inter- 
 rupt him unduly? 
 Mr. Quarles. Certainly. 
 
 Mr. Bacon. The presentation the Senator makes of the necessity of a general 
 central statistical bureau is certainly a very strong one. The suggestion I desired to 
 make was this— it is rather an interrogatory — whether it would not be better, if we 
 had this great central statistical bureau, that we should have one of its representa- 
 tives in each of the departments for statistics relative to that Department only, having 
 a direct responsibility to the general head, the same as Ave now have in the Dei^art- 
 ment of Justice — a representative in each one of the departments, who is none the 
 less, while being in that Department, a member of the staff of the Dejoartment of 
 Justice. 
 
 Now, in order that I may not interrupt the Senator again, I wish to say in connec- 
 tion with that thought that it seems to me this presentation in this discussion 
 demonstrates the fact that this bill is not ready for the action of the Senate, and if 
 this particular feature of it has the importance which the debate here evidently <lis- 
 closes it seems to me tluit instead of relegating it to the future we should deal with 
 it now. If it is important that we should have this great central statistical bureau, 
 then the scheme should be perfected, in order that the end the Senator so forcibly 
 set forth as desirable should be accomplished, not in the remote but in the immediate 
 future. 
 
 Mr. Quarles. Mr. President, in answer to the suggestion of the distinguished 
 Senator from Georgia [Mr. Bacon], 1 wisii to say that the reason I am opi)()sii] to 
 allowing statistics to be gathered piecemeal by several departments is that stati.-^lic;- 
 
lp:gislative history 407 
 
 snl)S('rv(> a different jmrpose to-day from what tlioy did a few years ago. Formerly 
 9tHti^^lit•s were <ratiiered to minister lo pridi' or curiosity, but now, in the evolution 
 of time, tliey iuivt> become a commercial and scientific ni'cessity. Statistics iiave 
 become a i)art of the scientilic life and existence of all our industrial orj^anizations. 
 
 In ordi'r to feather these statistics we nuist have trained men, not so much in the 
 •rathering of them as in the combination of the facts so that they may lu^ utilized. 
 In other words, we ouy;lit to have one central bureau of statistics, presided over by 
 trained statisticians, so that we may have a photoj^raph, if you i)lease an instantane- 
 ous photograph, of the various activities of this nation. You -can only secure that 
 by having trained men. 
 
 I have taken occasion, Mr. President, to ascertain what conrsi' the nations of 
 Europe have bi-en takinjj; in rejjard to this matter of statistics, and 1 tind that, in- 
 stead of liaving the j^atherini^ of statistics scattered through various di'partmi'uts, 
 they almost nniforndy have (»ne central bureau, and the average term of employment 
 of the statisticians in those bureaus of Europe is al)out twenty years, whereas in our 
 ci>untry no attention has hitherto been given to this matter, as though it were a 
 matti'r\f very little importance. So I would say to my distinguisheil friend from 
 Georgia tiie reason we do not want to li'avc the gathering of these statistics scattered 
 in these si'veral departments is that we want accurate statistics. We want them 
 s{)ei'dily gatluTed, because stale statistics are worthless, and I conceive that we 
 would advance the interests of the business world, the industrial world, the scientific 
 wi)rld, if we would keep the Census Jiureau here in this Department and bring all 
 tliese other statistical bureaus under the same organizing heail that we propose to 
 l)Ut in charge of this new Department. Then, without friction, without jealousy, 
 simply with a view to the ascertainment of reliable results, organize one bureau that 
 wdl ilo all the work and give us .complete satisfaction with its results. 
 
 ^Ir. Presidi-nt, one word more. 1 want to .say to Senators that at a later date it is 
 the policy of your Census Committee to bring to the attention of this body another 
 measure, which I think will be e.steemed valuable by Senators. We think that this 
 trained Bureau, which we propose to have if the Senate shall agree with its com- 
 mittee, is destined to do a great work, and that it will be commissioned not only to 
 furnish the statistics of population that are required by the Constitution and these 
 other statistics that are grouped with them, but that every year we shall require 
 of that Bureau accurate statistics, for instance, regarding the business of cotbjn gin- 
 ning, regarding dairies, regarding certain other branches of industry which are 
 re(|uired to be represented in these statistics. We shall urge as a reason for doing 
 tliat, that statistics which are gathered once in ten years may not J)e reliable, because 
 that particular year may be a year of great prosperity or it may be a year of great 
 conmiercial depression. So the business interests of this country now reiinire that 
 they should have annually accurate statistics regarding these great industries. There 
 is a growing demand for them, and we have thought, Mr. President, wlien the time 
 came, you would agree with us that that would be a very desirable thing to be 
 accomplished. >■ 
 
 I ho])e, therefore, Senators, you will not strike the Census Office out of this bill. 
 Leave it in the bill. Do not let us go on duplicating statistics as we are doing now — 
 $l(M),tH)0 a yt'ar i>aid for partial statistics in the Agricultural Dei)artment, $150,000 a 
 year paid for statistics in the Treasury Department, and so on ad infinitum. You 
 have i)rovided for a duplication of the very work that that Census Bureau is now 
 performing. 'Sir. President, 1 presume it is not now in order to make the motion I 
 projiose. 
 
 The Pkksidknt pro tempore. The Senator can demand a separate vote on that 
 amendment in the Senate without moving to reconsider the vote by which it was 
 adopted. 
 
 j\lr. FoHAKER. Would there not necessarily be that same duplication if you shoui I 
 leave tlu^ i«rovision for the Census Bureau in the bill? 
 
 Mr. (.^iTAUi.Ks. In reply to that, 1 will say that my understanding of the matter is 
 this: if the Census Ofiice remains in the new Department, and these several statistical 
 bureaus are also put in the new Department, it will then become the duty of the 
 head of that Department to reorganize the bureaus and avoid all this duplication. I 
 would have f)ne central bureau of statistics. 
 
 Mr. CofKKEr.L. How can he do it without a law authorizing him to do it? 
 
 Mr. Qliahi.ks. That is a (juestion 1 hesitate to answer. 
 
 Mr. CocKKKi.L. It ought to be in this bill. That is the very thing we have been 
 conten<ling against. You h;iv(! conglomerated these things without giving any 
 autlKjrity to unite them and harmonize them, just as you did when you jjrovided two 
 chiefs of Idireaus, one subordinate to the other. I want to amend that. That is a 
 defect in this bill. 
 
 INIr. QUAKLES. If that 1k^ true, I shall certainly urge ui)ou my distinguished friend 
 
468 LEGISLATIVE HISTORY 
 
 from Minnesota [Mr. Nelson] tliat he permit this liill to be reviewed. I care nothing 
 about the method pursued, but it seems to me very desirable that we should deal 
 with this matter in some proper way to arrive at this result. 
 
 Mr. Vest. Mr. President, I do not understand that any Senator is opposed to 
 proper legislation in tliis bill that will consolidate this matter of olitaining correct- 
 statistics. The Senator from Wisconsin [Mr. Quarles] is eminently right in what he 
 has said as to the necessity for changing the present system in regard to obtaining 
 correct calculations and correct statistics upon all these different sul)jects in which 
 the people are interested. We have here developed in this discussion not the singular 
 fact, but the evident fact, that Congress at some time vested the Statistical JUireau 
 of the Treasury Department with general jurisdiction over all statistics. That unques- 
 tionably was done l)y authority, and if Senators will go back to the origin and the 
 establishment of that Bureau in the Treasury Department they will find that that 
 general jurisdiction was given to it. 
 
 Mr. Teller. No; they will not. 
 
 Mr. Vest. The Senator from Colorado says they will not. I had occasion some 
 twelvti or iifteen years ago to examine that question, and my recollection is that tliat 
 jurisdiction was conferred. If it was not conferred, then that Bureau has been acting 
 without authority and wasting the money of the peoj)le in publishing the Statistical 
 Abstract, which has had authoritative force throughout the United States. 
 
 One other observation and I am done. The Senator from Wisconsin says it will 
 take five years to complete the further work of the Census Bureau. My information 
 is that three years will be suflicient, and that the force can be cut down to some four 
 or live hundred. At any rate I am satisfied from what I have seen of the operations 
 of the Census Bureau that the work will be well done and economically done, because 
 there has never been a Director of the Census who has proved himself more compe- 
 tent than the present incumbent. 
 
 Mr. Allison. The Senator from W^isconsin [Mr. Quarles], who is very accurate in 
 his statements, has unfolded to me in more detail than I was acquainted with l)efore 
 the objects of this Ijill. If one of the objects of this bill is, as now appears, to con- 
 centrate in a single Department the statistics of the industries and occupations of the 
 people of our own country, and also to gather within its folds statistics of the com- 
 merce and industries of all other countries, then I submit to my friend that this bill 
 as now drawn is imperfect. 
 
 Mr. Teller. Certainly. 
 
 Mr. CocKRELL. There is no question about that. 
 
 Mr. Allison. I quite agree with the Senator from Colorado [Mr. Teller] and the 
 Senator from Wisconsin [Mr. Quarles] that it would be desirable to have, so far as 
 possible, all statistical information concentrated in a single othce; but I submit that 
 this bill falls far short of that consummation. I also think that it will require great 
 care and be difficult to so unite this statistical information as to enable a single 
 Department to gather it. 
 
 We have now disclosed in this debate the fact that it will be the duty of the Director 
 of the Census to gather statistical information of the mining industries of our country. 
 That work is in j)rocess now, or will be in a short time. 
 
 We have had for twenty years — the Senator from Missouri in front of me [Mr. 
 Cockrell] will have more accurate information as to the exact number of years — but 
 we have had in the Cieological Survey a requirement for many years 
 
 Mr. Cockrell. About twenty years. 
 
 Mr. Allison. About twenty j'ears — that there shoul<I be an annual publication of 
 the mineral resources of the United States, and that })ublication has apjieared 
 annually. I have not had the opportunity of knowing whether that volume is now 
 published, l)ut I think it has been published. 
 
 Mr. Cockrell. The volume for 1900 has just been issued. 
 
 Mr. Gallinger. The report for 1900 is just out. — 
 
 Mr. Cockrell. It is just out. I got it yesterday. 
 
 Mr. Allison. I have been absent on a little vacation and have not had an oppor- 
 tunity of looking into it, but I undertake to say that the statistics of the mineral 
 resources of the ITnited States and of the productions of the mines of the United States 
 are reasonably accurate. It is not possible, I will say, that we shall l)e able to secure 
 absolutely accurate statistical information on all these subjects. It is not jwssible for 
 us, in collating statistii-s of the industries and occupations of our i>eople, to make them 
 al)solutely accurate. How are we going to ascertain exactly the number of tons of 
 coal produced from all of the mines of the ITnited States by a special bureau appointed 
 for that purpose? There must be a corps of jieople who are not under oath, who are 
 not officials of the Government, who nuist be relied upon to furnish the statistics 
 respecting the coal production of the United States, and most of that must be volun- 
 
LEGISLATIVE HISTORY 469 
 
 tarv. Thdse statistics will be sufficiently accurate to compare our coal inodurtion 
 with tlu' ])roilnction of the other countries of the world. 
 
 llow are we .i^(>in<i to asctTtaiu the mini her of l)ushels of oats or of wheat or of corn 
 ln-otUu-eil ill all the States of this I'nion? That can onl\- be done, I submit to the 
 Seiiati', by wliat niijrht he called ex|)eit estimates. We are tryinj; in the State of 
 Iowa, in which 1 live, to ascertain the iuind)erof Imshelsof corn raise<l in that State 
 durin.i,' the last year. We liave a State statistician, whose duty it is to ascertain 
 that, and who does ascertain it in the the best ol)tainable wav and at the least cost, 
 but whether the jiroduction of corn in my State is 250,000,000 bushels or 251,000,000 
 l)ushelsor 250,000,005 bushels can not be ascertained by any system of statistics that 
 may lie ]iresciited here or elsewlu-re. 
 
 Take the ,<fold siii)j)ly. The Senator from Colora<lo [Mr. Teller] mentioned a 
 nioiiu'iit ap) that he was led into a mistake by lookinji; at the Statistical Abstract 
 and tindiiii^ that it did not exactly a.iiree with the report of the Director of the Mint. 
 While those who compile the Statistical Abstract in the Treasury Department avail 
 themselves of every opportunity, as respects the foreign an<l domestic commerce and 
 the productions of our country and of other countries, they must, in the very nature 
 of thinirs, avail themselves of the statistical information acquired from other Depart- 
 ments and other l>ureaus. So tliat whoever comjiiles that Statistical Al)stiact in the 
 Treasury Deiiartmeiit nndoubteclly avails himself of the information furnislie(l l)y 
 the Director of the Mint, who himself is <,ratlierinti statistics regarding certain things 
 which can be easily and more accurately ascertained l)y the Director of the Mint 
 than by, ))robably, any other officer of the (iovernment. 
 
 Mr. ('ocKRELL. lie is confined to gold and silver principally. 
 
 Mr. Allison. His report is confined absolutely to gold an<l silver; but our Director 
 of the Mint is in correspondence with the directors of all the mints in the world; he 
 is in close correspondence from time to time with the exjierts in all countries who 
 have information respecting tlu' annual production of gold and silver. It is not 
 necessary for this new statistician of this new bm'eau to undertake by original 
 processes to ascertain these facts. 
 
 So with the Secretary of Agriculture. I do not know that the statistical division 
 of the Agricultural Dei)artment gathers all its own statistics, but I do know that its 
 statistics are as reasonably accurate as they (^an be made; and there is no bureau or 
 dei>artment of the Government which can so well and so accurately ascertain the 
 statistics necessary to be inserted in the general volume of our productions as the 
 Department of Agriculture. 
 
 So it is that the Statistical Bureau of the Treasurj^ Department now, instead of 
 making original researches on this subject, goes to the Agricultural Department, and 
 embodies in the Annual Abstract the things which the Secretary of Agriculture has 
 been able to ascertain. Therefore, if I want to know the numljer of bushels of corn 
 or wheat or oats produced I would go to that Statistical Abstract and as(>ertain it. 
 As now ])ublished, it may not l)e exactly accurate or within a million or two millions 
 of bushels of the total amount jiniduced, but I can ascertain what it is in the aggre- 
 gate sufficient for any commercial purpose or any industrial purpose. 
 
 Then, take another class of information to be sought here and that is brought 
 •within the ])urvie\v of this ])ill — that is, statistics of transportation. These are all 
 at han<l and can lie obtained with reasonable accuracy. We have now, in our Inter- 
 state Commerce Connnission, a special statistician whose duty it is to report annually 
 to ("ongress the statistics respecting the transportation interests of our country by 
 rail, and these statistics are printed. The general statistician, as contemi»lated by 
 tlie Senator from Wisconsin [Mr. Ciuarles] and provided for in this bill, 1 now for 
 the first time understand will, of course, seek these resources in order to ascertain 
 these facts. They are well known; they are ascertained without great cost to the 
 Government, and they are accurate ])ecause they are transcripts of the statements 
 made by the great railways that transport our products by rail. So it is with our 
 statistics as respects our commerce by sea and the interior rivers and waterways of 
 our country. 
 
 Mr. President, I thoroughly agree with the general suggestion that there ought to be, 
 somewhere, a place where these statistics can be collated, compiled, and published in a 
 single volume. I sni)pose<l that was already done by the Bureau of Statistics in the 
 Treasury Department, which is jiroposed l)y this bill to be transferred. That Annual 
 Abstract is not only an abstract of the receijits of customs, of the amount of im])orts, 
 and so on, but it embraces the entire range of our products and jiricesof commodities. 
 
 The lionoral)le Senator from Wisconsin, the chairman of the Census Committee, 
 projioses to transnnite the law that we i>assed in ISO!) into a law permanently estab- 
 lishing the Cen.sus Bureau, which otherwise would go out of existence by force of the 
 law creating it when its Avork, Avhich is now in hand, is concluded. 
 
470 LEGISLATIVE HISTOEY 
 
 The Senator from Wisconsin, in his most excellent speech, has only confirmed me 
 in the suggestion I made. He is proposing here to bring forward an elaborate scheme, 
 which, if I understand it, I shall give my support to — a scheme to make the Census 
 Bureau a permanent one, and a single line, when that comes here, ^vill ]nit it into 
 this new law. If it is wise to ])ut it there, and if we can so arrange this bill as here- 
 after to provide for all this statistical information to he embodied in this new Depart- 
 ment of Commerce rather than in the Department of the Secretary of the Treasury, 
 I shall not object; but I myself do not like to see a suggestion that here it is proposed 
 to consolidate bureaus when in fact there is no consolidation. I look at the various 
 bureaus that would l)e turned over to this new Department, and I find that the 
 Geological Survey is to l)e continued under the direction of the Secretary of the Interior. 
 It is just as germane to the operation of that Department as to any other. So I find 
 other things in the l)ill in the same direction. 
 
 Now it is proposed that this new Department shall deal with the foreign commerce 
 of our country, and shall also, from year to year, collect statistics of the industries of 
 our country; and not only so, but that it shall i)romote our industries, so that it is to 
 be given enlarged powers. I do not object to that, although 1 think our industries 
 have been fairly well promoted during the last few years by ])rivate enterj)rise and 
 the exercise of judgment as respt'cts these industries by private citizens. 
 
 Mr. President, I should not have ma<le these observations but for the fact that I 
 understand the Senator from Wisconsin intends to endeavor to reinsert these pro- 
 visions. If the Census Bureau is to be provided for by a provision in this bill, it 
 should be inserted with a great many amendments; and I am not sure that I am in 
 favor of the suggestion made by the Senator that this Bureau sliall take into its hands 
 the statistics relating to the mining industries of our country and that the Geological 
 Survey shall be denuded of its force, although it has a force now, and a trained force, 
 that has been there for more than twenty years. It has at its head one of the most 
 acconi]>lishe(l men in our country as to mining statistics. 
 
 Mr. CocKRELL. Dr. Day? 
 
 Mr. Allison. Dr. Day. I do not know but that if the Director of the Census has 
 the acumen I think he has, he has already availed himself of Dr. Day's skill and 
 force and energy on the subject of mining statistics, because he has them all at hand 
 and has been engaged for twenty years in pul)lishing them in a valuable annual 
 volume. 
 
 Mr. (iuARLEs. That is entirely true, as I understand. 
 
 Mr. Allison. It seems to me that the suggestion made first by the Senator from 
 Colorado needs careful consideration, and perhaps the liill neeils some further amend- 
 ment. I should like of course, for one, to see some modification in this particular 
 amendment as respects our consular service. 
 
 It does seem to me that the only way whereby the statistics of foreign trade, prices, 
 etc., can be ascertained economically is through our consuls and our consuls-general. 
 They are under the State Department. It is true there is a sort of halfway transfer 
 of the jurisdiction of the State Department over these consuls, but it seems to me, in 
 view of the work they have done in the past few years, that it would l)e wiser for 
 this new Department to avail itself of the work that the Secretary of State is doing 
 in this direction, and then compile in its annual volume whatever information is 
 procured. 
 
 Mr. Gallinger. If the Senator from Iowa will permit me, is not tliat precisely 
 what is provided for in section 5? 
 
 Mr. Allison. It may be. 
 
 Mr. GALLiNCiER. It is there provided that — 
 
 All consular oflicors of the United States, including consuls-general, con.suls, and commercial 
 agents, are liercliy reimired, and it is made a part of tlieir duty, under the direction of the Secretary 
 of State, to Kathci- and compile, from time to time, npon the request of the Secretary of (idinmerce, 
 useful and material information and statistics in respect to the commerce, industries, and markets of 
 the countries and places to which such consular officers are accredited, etc. 
 
 It seems to me this bill takes care of that verj^ clearly and very fully. 
 
 Mr. Allison. It may. 
 
 Mr. Lodge. That portion of the bill, I will say to the Senator from Iowa, was very 
 carefully considered and amended the other day. 
 
 Mr. Allison. Very well. I merely call attention to it, not that I wish to interfere 
 with it. 
 
 Mr. President, I have entered this discussion with hesitation, because I have been 
 absent for some weeks and I have not had an ojiportunity of giving such attention 
 to the l)ill as perhaps I should have given it. I am in favor of the establishment of 
 the new Department of Connaerce, and I am in fav ir of giving it whatever jurisdic- 
 tion such a department sliould have, but I do not think it is wise at this time, by a 
 single statute, to undertake to change great bureaus of our Government from one 
 
 I 
 
LEOISLATIVK HISTORY 471 
 
 head to aiK^tluM- :inil witli that cluiii'ii' Id cliaiim' so inaiiy (tfiiccrH witliout <lue 
 cuiisidcratiiiii. 
 
 I licard with iiilcivsl tlic sUL'iicstioiis of Ihc Senator iVom Minnesota to-day a.s 
 resiH'ets these varions hureaus. I tiiiidc some of tiieni have no more relation to tiiis 
 new Department than thi'v liave to tlie departnu'nts with wiiieh they arc- now allied. 
 JMr. AVrij,'iit, wiio is now tiu> head of the Department of Labor, lias nothin<,', it seems 
 to nie, that shonld lu^ sn])er\ised at all ))y thc^ iieail of a department. I think he is 
 doinj; most exeellent. work, it is scientiiic work; it is educational work; it liaa no 
 special relation to the new Department or to any existinj? dei)artment. So with the 
 Fish Conunission. It is a scientiiic ))nrean. It is not now u'nder any department, 
 so far a.s I know. The head of that Comini.ssion, T believe, is(hiin^ very jfood work. 
 
 However, I do not care to discuss this matter further to-nij^dit, but I wish to say 
 that if it is the object and ]iur|)ose of the promoters of this I)ill, and especiallv the 
 ol)jectand purpose of the honoralde Senator from Wisconsin, who is chairman of the 
 Cen.sus Conunittee, to endeavor to leather in under the direction of the census all 
 these various statistical matters, I lielieve tlie whole (luestion should b(> rele)j;ateil to 
 his l)iU when it comes in, and if he furnishes a comprehensive method whereby it 
 can l)e done I shall favor it. 
 
 Mr. Teller ol)tained the lloor. 
 
 IVIr. Hoar. I wish to ask a question, if I may, l)efore the Senator from Colorado 
 proceeds; but I will wait if he would rather jiroceed. I simply desire to ask 
 
 l\Ii'. Tm.Mi:!!. J was ifoinu; to su<.r.<rest that tlie l)ill would re(|uire more discussion, 
 and I liave been told that there is a desire to have an executive session. 
 
 Mr. G.vLLiNGKR. I wish to say that the debate to-day, 1 think, with the exception 
 of the remarks of the Senator in cliarge of the Ijill, has been entirely in the liands of 
 Senators who are not on the Conunittee on Commerce. I think the bill for that 
 reason ought to go over, and I should myself like a few minutes at some time, being 
 a memlier of the Committee on Commerce, to make some ol)servations. I am going 
 to try to persuade the distinguished Senator from Missouri, who usually is I'ight, that 
 the amendment he pi'oposes is not necessary. 
 
 Tlu' consolidation of these statistical bureaus is made absolutely as clear in the bill 
 as it now stamls as it will be if the amendment is adopted. However, that is a mat- 
 ter of not very much consequence. I think the bill will have to go over. 
 
 Mr. Hoar. Mr. President 
 
 ]Mr. Teller. I yield to the Senator from Massachusetts, if I have the floor. 
 
 Mr. Hoar. I do not wish to take the floor from the Senator. 
 
 Mr. (tallinger. I supposed the Senator from Colorado had concluded his remarks. 
 
 Mr. Teller. No. 
 
 ]Mr. Hoar. I merely wished to ask a question which I dare say may have been 
 answered during the debate, as I have been obliged to be absent from the Senate 
 Chamber nearly all the time. 
 
 What building or what quarters will be the home of this Department? I suppose 
 some time or other, of course, there will be a new building. I should like to inquire, 
 because we can not tell what may get through the two Houses hereafter, whether the 
 bill should not contain some prt)vision, which it does not now contain, as to the right 
 of tlie i)roposed new Department to use rooms until the new building is completed? 
 Perhai)S that question has already been answered in debate. 
 
 Mr. (Jallixger. It has not been raised. 
 
 Mr. Hoar. I should like to ask what is the plan about that. We have certain 
 buildings which l)y law are appropriated to certain departments of the Government. 
 Now, we create a Secretary, an Assistant Secretary, and some other officials, I believe, 
 and then we say that hereafter certain enumerated Bureaus and officials shall belong 
 to the Department of Commerce. Do they retain by any law their right to remain 
 in the Treasury building, for instance, or in the Interior DejKirtment Iniilding? 
 Should not the bill have some provision for that? That is the point to which I wish 
 to call attention. I do not wish to interfere at all with my friend's bill. 
 
 The discussion in the Senate was resumed on January 22, 1902, 
 
 The I'hksident pro tempore. The morning liusiness is closed and the Calendar 
 under Rule VIII is in order. 
 
 Mr. Nelson. I ask unanimous consent that the senate shall proceed to the consid- 
 eration of the l)iil (S. 569) to establish the Dejiartment of Commerce. 
 
 Tliere being no objection, the Senate, as in Committee of the Whole, resumed the 
 consideration of the bill. 
 
472 LEGISLATIVE HISTORY 
 
 Mr. Spooner. I slionld like to ask the Senator from Minnesota if the bill has been 
 reprinted as amended by the Senate? I thought the Senate ordered a reprint. 
 
 The Pkesident pro tempore. It was not ordered, the Chair is informed. 
 
 Mr. Nelson. There has been one reprint of the l)ill. The amendments that were 
 made the last time it was under consideration were very slight. 1 can explain them 
 to the Senator. 
 
 Mr. QiT.\RLES. 1 desire to offer an amendment to the bill which has grown out of 
 the discussion we had the other day. I ask the Secretary to read it. 
 
 The President pro tempore. One moment, before that is done. This bill having 
 been taken from the Calendar under Rule VIII by unanimous consent, it is sul)iect 
 to the rule limiting debate. Day before yesterday morning the debate went on with- 
 out limit by general consent. The question is whether the Senate desires the Chair 
 to enforce the five-minute rule. If not, consent should ])e asked that the rule be 
 wai\'ed. 
 
 Mr. Nelson. I ask unanimous consent that the rule be waived and that there be 
 no limit to debate. 
 
 Mr. Hoar. If we can debate the bill under the five-minute rule, it would hasten 
 the Senator's purpose very much to do so. 
 
 Mr. Nelson. I do not feel like cutting off gentlemen who desire to debate the bill, 
 and therefore I ask that it be considered without reference to the rule. 
 
 Mr. Hoar. But if no one should desire to speak more than five minutes it would 
 not be necessary to waive the rule. 
 
 The President pro tempore. The Senator from Minnesota asks unanimous consent 
 that the limitation of five minutes be waived in the discussion of the bill. Is there 
 objection? The Chair hears none, and it is so ordered. 
 
 The Senator from Missouri [Mr. Cockrell] has offered an amendment, which is 
 the pending amendment, and which will be read. The Chair calls the attention of 
 the Senator from Wisconsin [Mr. Quarles] to it. 
 
 The Secretary. After the word "connnerce," in line 4, page 4, section 4, strike 
 out the words "and the chief of said Bureau of Foreign Commerce shall be the assistant 
 chief of the said Bureau of Statistics," and insert: 
 
 And the two shall constitute one Bureau, to be called the Bureau of Statistics, with a chief of the 
 Bureau and one assistant. 
 
 The President pro tempore. The Senator from Wisconsin [Mr. Quarles] offers an 
 amendment as a substitute for this amendment? 
 
 Mr. Quarles. Yes, sir. 
 
 The President pro tempore. It will be read to the Senate. 
 
 The Secretary. In line 6, page 4, of the printed bill, strike out all after the 
 words " Statistics and " down to and including the words "United States," in line 
 12, and insert in lieu thereof the following: 
 
 That the Secretary of Commerce shall have complete control of the work of gathering and distrib- 
 uting statistical information naturally relating to the subjects Cdiilided to his Department; and to 
 this end said Secretary sliall have jiowcr to employ any or either of the said bureaus and to rearrange 
 such statistical work and to distrilnitc or consolidaie the same, its may be deemed desiral)le in the 
 public intert'St; and said Secretary shall also have autliority to call nfion other bureaus or depart- 
 ments of the (;overnment for st.-itistical data and res\dts obtained by theiu, and it is hereby made 
 the duty of such Ijureaus or departments to furnish such information when so reiiuested, and said 
 Secretary of Commerce may collate, arrange, and publish such statistical information so obtained in 
 such manner as to him may seem wise. 
 
 The President pro tempore. Will the Senator from Wisconsin pardon the Chair 
 for calling his attention to the fact that the Senator from Missouri, who offered the 
 amendment to which this is a substitute, is attending a meeting of the Regents of 
 the Smithsonian Institution and will shortly be here? The Chair suggests that the 
 Senator from Wisconsin withhold his amendment until the Senator from Missouri 
 arrives. 
 
 Mr. Quarles. I comply with great pleasure with the suggestion oi the Chair. 
 However, I should like to have as prompt consideration of the amendment as 
 })ossible. 
 
 The President pro tempore. Are there further amendments to be offered to the 
 bill? 
 
 Mr. Teller. Mr. President, it is quite impossible for us in this vicinity to know 
 what is going on. If the purpose is to consolidate these two bureaus, it may be done 
 by the amendment, which I suppose has been adopted; Init there is not any<jne 
 around in this section of the Senate, I think, who can form any opinion as to what 
 that amendment is. 
 
 The President pro tempore. An amendment has just been offered by the Senator 
 
LEGISLATIVE HISTORY 473 
 
 from Wisconsin [Mr. QuArles]. The Chair took the liberty of sn<:<jestin;jr in him, as 
 it \v;is a siihstitutc for one offered l(y tiio Senator from INIissonri [Mr. Cockreli J, liiat 
 the Senator from Missonri is alisent as a Recent of liie Smithsonian, and will sliortly 
 be here,anil the Ciiair su.Uijri'sted tliat lie allow lioth amendments to lie over imtil the 
 Senator from Missouri eonu'sin. So nothino; has l)een (h:)ne with either amendment. 
 
 Mr. Tki.i.kk. I am very jjlad to know that that is the case, althou<xh I think it is a 
 little hard on tlu^ I'residinj; (Xlieer tliat lie shall have to inform us on this yide of the 
 Chamher what is uoinij; on upon the other side. 
 
 Mr. iSioi.soN. Mr. I'rt'sident, 1 tliink tliere is amisapiMX'hension. The amendment 
 of the Senator from Wisconsin [Mr. (^uarii's] eomes in at the end of tlu^ amendment 
 projiosed hy the Senator from Missouri [Mr. ('oekrell], and does not conflirt with 
 it. The Senator from Missouri proposes to strike out, commeneinji in line ], the fol- 
 lowing words: 
 
 And thechicf of said Bureau oS ForoiKii ('iiranuTcosliall lio the a.s.sistant cliief of tlie said Hurcaii of 
 Stati.stics. 
 
 And then to insert in plaeeof that the lanjiuage which I ask the Secretary to read: 
 The i^ecretarj' read as follows: 
 
 And tlie two shall ponstitute one Imrean, to be called the Bureau of Stati.'fties, with a chier of the 
 Bureau and one assistant. 
 
 Mr. Nelson. That is all. Now, the amendment offered l>y the Senator from Wis- 
 consin comes in subsequent to that, commencing with theword "and" in line (J, and 
 is suiiiilemental to it. I think there is no conflict between the two, and that the 
 amendment of the Senator from ]\Iissouri could well be adopted, leaving the amend- 
 ment of the Senator from Wisconsin to be acted upon. 
 
 The object of the amendment of the Senator from Missouri is to make it perfectly 
 clear that the two bureau.s — the one on Foreign Commerce, brought from tlie State 
 Deitartment, and the Bureau of Statistics, from the Treasury Department — shtill be 
 consolidated into one. A question was raised the other day by the Senator from 
 Missouri and the Senator from Colorado [Mr. Teller] as to that iioint, doubting 
 whether there was a consolidation. The amendment of the Senator from Missouri 
 is to clear up that question, and does not relate to the subsequent amendment of the 
 Senator from Wisconsin. 
 
 I am quite content that the amendment of the Senator from Missouri should be 
 adojjted, liecause it is in line with what was intended in the bill originally — to con- 
 solidate the two bureaus. 
 
 The President pro tempore. Will the Senate agree to the amendment offered by 
 the Senator from Missouri? 
 
 The amendment was agreed to. 
 
 The President pro tempore. The Senator from Wisconsin [Mr. Quarles] offers 
 an ameiulment, which will be read. 
 
 The SECKE'rAKY. Insert after the amendment just adopted the following: 
 
 That the Secretary of Commerce shall have complete control of the work of gathering? and distrih- 
 utinj? statistical information naturally relatinf? to the subjects confided to his Department; and to 
 this end said Secretary shall have i>o\ver to employ any or either of the said bureaus and to rearrange 
 such statistical work imd to distriliute or consolidate the same, as maybe deemed desirable in tlie 
 public interest; and .said Secretary sliall also have aiitliority to call upon other bureaus or depart- 
 ments of the (iovernment for statistical liata and results obtained by them, and it is hereby made the 
 duty of such bureaus or departmeiils to furnish siicli information when so requested, and .said Secre- 
 tary of Commerce may collate, arrange, and ])ublish such statistical information so obtained in such 
 manner as to him may seem wise. 
 
 The President pro tempore. Will the Senate agree to the amendment of the Sen- 
 ator from Wisconsin? 
 
 INIr. Pettus. It seems that those two amendments are somewhat inconsistent. 
 One makes the consolidation itself, and the other authorizes the Secretary of Com- 
 merce to make it as he may think l)est. 
 
 Mr. (iiAKLEs. It seems to me that my amendment does impinge upon the other, 
 at least slightly. The contemplation of the Senator from INIissouri evidently was, in 
 the latter clau.se of his amendment, to create a bureau to be known as the " P>ureau 
 of Statistics." To that extent it would interfere with the more ela.«tic scheme cov- 
 ered by my amendment, which leaves it discretionary with the new Secretary to use 
 these bureaus or to combine ov consolidate them as he may deem wise. I think in 
 that respect the Senator from Alabama is right, perhaps. 
 
 ^Ir. Si'ooNER. I ask that the section may be read as amended by the amendment 
 of the Senator from Missouri. 
 
 The I'resident pro tempore. The Secretary will read that part of the section as 
 already amended, and will then read it as it would stand if amended as j.roposed by 
 the Senator from Wisconsin. 
 
474 LEGISLATIVE HISTORY 
 
 The Srcretary. Beginning in line 23, on page 3, as amended, section 4 reads as 
 follows: 
 
 Tliat the Bureau of Foreign Commerce, now in the Department of State, be, and 1lic siiiiu' licrciiy 
 is, transferred to llie Department of Commerce and consolidated witli and made a ]iart of llie Biucmii 
 of Statistics, hercinlirforc transferreil fmrn tlie DcpMrtmciit of the Treasury to the J)epartnieiit of 
 Commerce, anci the two shall const! tutr one hureiiu, to he c;i lied the Bureau of Statistics, with a cliief 
 of the Bureau and one assistant. 
 
 The Presidknt pro tempore. The amendment proposed by tiie Senator from Wis- 
 consin [Mr. (^narles] will be read. 
 The Secretary read as follows: 
 
 That tlie Secretary of Commerce sliall have complete control of the work of gatherina: and distribut- 
 ing statistical information naturally relating to the subjects coiitide(l to his Dejiartinciit; and lolhis 
 end said Secrc'tary shall have [xiwer to eni]il(iy any or (■itlu'ri)f the sai<l liureaus and to I'carrange 
 such statistical work and to distribiUc or consolidate the same as may lie ilceined dc>sir,ablc in tlie 
 public interest; and said Sc<'rctary sliall also lia\e aulhorily to call upon other bureaus or dcpartnienls 
 of the Uovcriiiiu'iit for statistical data and results obtaineil by them, and it is hereby made the duty 
 of such bureaus or departments to furnish sucli information when so requested, and said Secretary of 
 Commerce may collate, arrange, and publish such statistical information so oljtained in sucli manner 
 as to liim may .seem wise. 
 
 The Prksidknt jiro temi^ore. Will the Senate agree to the amendment offered by 
 Senator from Wisconsin? 
 
 Mr. IIo.Mi. I should like to inquire of that Senator whether it is in accordance with 
 onr legishitive policy and habits to order om^ dei>aitment as of right to demaitd a 
 comi)ilHtion of statistical information from another? It might require a great deal 
 of expense. Very often the Senate makes a demand and is met l)y the answer of 
 the department that they have no approjiriation which enables them to ftirnisii tlie 
 statistical information required. As I luiderstood it, upon listening to the reading, 
 the amendment gives the Secretary of Connnerce absolute right to recjuire any other 
 department of the Government to furni.sh any statistical information which he shall 
 need, and that he shall compile it. 
 
 Mr. (iu.vRLEs. That is true. 
 
 Mr. Ho.\R. Let the amendment be again read. 
 
 The Presidext pro tempore. The amendment will be again stated. 
 
 The Secretary again read the amendment. 
 
 Mr. Hoar. May I ask the Senator if it would not be true, as expressed in the 
 amendment, that an officer in the Department of Justice, or in the Treasury, or the 
 Interior Department, busily engaged in performing a duty assigned to him by his 
 own official superior, might be called ujion directly — not through the Secretary of 
 his own department — and commanded to do some work for another department, 
 and obliged to lay aside all of his jiending business until he complies with that 
 request? 
 
 Mr. QuARLES. I should hardly think, Mr. President, that that would be a fair con- 
 struction of the amendmtint. 1 certainly had no such thought in its preparation. 
 
 I may simply say to the Senate that my interest in this matter arises out of a cer- 
 tain responsibility which I feel regarding the Census Bureau. My attention has 
 been called to this on account of the action of the Senate in excluding the Census 
 Bureau from this new Dejiartment. A del)ate arose here the other day as to what 
 it Avas wise to do, and it occurred to me that, instead of having these statistics pre- 
 pared in different departments, each under the head of a bureau chief, where they 
 were overlapping each other, where the thing was being multiplied and duplicated, 
 it would be far better to bring the Census Bureau into this new De].>artment, bring 
 these other bureaus in, and then leave it the duty of the new chief of this Dejmrt- 
 ment to gather all those statistics and have them issued with all the authenticity 
 that the Govermnent could give them, so that every statisticalfact that we sent out 
 would be backed by the authority of the nation, instead of being sent out siinjily 
 with such authenticity as the head of a department not primarily charged with the 
 gathering of statistics might give it. 
 
 That impression seemed to me so meritorious that I ventured to prepare this 
 amendment, although at the present time, under the action the other day in Com- 
 mittee of the AVhole, the Census Bureau is not included in the i^roposed new Depart-^ 
 ment. But whether it be included or not, it has seemed to me very desirable that 
 we should give the new Secretary this authority, 1)ecause every Senator recognizes 
 the difficidy of reaching out into a department 1 )y a kind of a surgical operation and 
 taking a bureau away from a department. But here we are organizing a new Depart- 
 ment, when the tiling can be done without jealousy, witltout friction. It has seemed 
 to me exceedingly desirable that there should be one central head, one central juris- 
 diction presiding over this matter of statistics, so that trained men might be employed 
 and greater authenticity given to tlie statistics. 
 
 Mr. Hoar. Will the Senator allow me to make a suggestion? 
 
LKGISLATIVE HISTORY 475 
 
 Mr. QuARLEs. Certainly. 
 
 Mr. lioAK. 1 entirely synipathi/o with tlie ])ur])Ose of the Senator, hut instead of 
 authorizing the head of the ni'w Department to recpiire Hi)ecilic work from the 
 bureauH of other (le[iartn\ents, tlu'rel>y estal)lishinj; relations In'tween the head of one 
 (U'liartmcnt anil till' sulmrdinates of another department, he should deal with the 
 hi'ad of the department diri'ctly, and should obtain, so far as practicable, fmm the 
 ht'adsof the otlu'rdi'part nients (if the (iovernmentt lu> desired in format inn. lb' woidd 
 naturally make his application to the head of the other deiiartment, and tlie statute 
 wotdd, of course, make it incundient upon theotiier departnu^nt to respond. The 
 insertion of some i)hrase of that sort would remove my difliculty. 
 
 Mr. iSroo.MCK. Will my colleague ])ermit me to interrupt him tliere? 
 
 Mr. Qu.XKi.Ks. With ])leasure. 
 
 Mr. Spoon KK. I do not think the Senator fnim Massachusetts [Air. Ibiar] lias 
 made a fair construction of the ameiuhiient. Jt only authorizes the Secretary of 
 Commerce to call ui)on other di'partments for statistical data. The amemlment reads: 
 
 And .>;niil Seciclary shall also liavo authdiily to call Uf)on other liuri'ans or fU'partments of the Gov- 
 eriiiiu'iit for statistical data and results olitaiiuMl )iy tlu'in, and it is liereby made the duty of such 
 bureaus or deiiartnients to furnisli such information when so reiiuestod. 
 
 I do not conceive that reijuest asanthoriziuij; the Secretary of Commerce to require 
 an irivesti<j:ation, but simply to furnish information Mhieh has been obtained. 
 
 jMr. lIoAK. 1 did not so understand it, but I understood they were required to fur- 
 nish data in their possession, to compile and copy the same. 
 
 Mr. Si^ooxEu. Well, they compile it anyway; they o))tain it for that purpose; and 
 the idea of that is to furnish the information. Jt is entirely proper. The Senator 
 agrees with me that all statistical information should in some method lind its way to 
 the Department of Commerce. 
 
 1 think one suggestion made liy the Senator from Massachusetts should liave seri- 
 ous attention, and that can be easily reached if my colleague will strike out from his 
 amentUnent the words "bureaus or." Tlie amendment now reads: 
 
 And said Secretary shall also have authority to call upon other bureaus or departments of the Gov- 
 ernment for stutistical data and results obtained l)y them, and it is hereby ma<le the duty of such 
 Ijureaus or departments to furnish .such information, etc. 
 
 I suggest that my colleague strike out the words "bureaus or," so as to leave it 
 simply "departments," so that they will communicate, each Secretary with the other 
 Secretary. 1 think that would eliminate the olijection made by the Senator from 
 IMassacliusetts, which is well founded in that respect. 
 
 Mr. Qi'ARLKs. 1 shall be very glad to consent to that eliange. 
 
 Mr. SeooNKu. 1 thitik one {"abinet otiicer ought not to be dealing directly with 
 bureaus under another Cabinet oliicer. 
 
 Mr. QrAKi.i:s. Mr. President, while I have the floor I wish simply to call the 
 attention of the Senate, and esi)ecially of my distinguislied friend from Georgia [Mr. 
 Bacon], who ])articipated in the debate the other day, to this feature of the amend- 
 ment: That, instead of providing'that these bureaus should be aliolished or under- 
 taking to determine in advance what sh<.)uld l>e done with them, Ave leave it optional 
 and (liscretionary with the new Secretary to leave these bureaus alliliated as they are 
 if he shall conclude that the iniblic interest will be promoted by that course, giving 
 him, however, the discretion to rearrange and consolidate if lie shall think that 
 course to be more wise and beneficial. 
 
 As to the Census, at the jinqier time I shall call the attention of the Senate in some 
 proper way to the jiropriety of ])lacing ))ack the Census Bureati in this new Depart- 
 ment. Whether it be made ])ermaneiit by subse(|uent legislation or left as it is, I 
 think it ought to be in this Department, Ijecause its function is essentially the gath- 
 ering of statistics. I hope for that reason it may be left under this new Department, 
 to be dealt with in the discretion of the new Secretary. 
 
 ]\Ir. Bacox. If the Senator wdl i>ermit me, before he takes his seat I simply wish 
 to make an in(|uiry of him. Of course those of us wIk^ have not been specially charged 
 with the preparation of the bill have depended largely ui>on the coiielusions which 
 have Iieen reached by those who have given it their ])articular attention. The 
 iiKpiiry which 1 desire to submit to the honoral)](i Senator from Wisconsin is whether 
 the placing of the Department of Labor under this jiroposed new Dejiartment has been 
 done with a view of ecjualizing the labors of the various departments, or wln-ther it 
 has been done liecaiise of any jiarticular relation that it is thought the Department of 
 Labor bears to the De))artmeiit of Commerce? I simjily wish to know by what rea- 
 sons the committee were influenced in a.-^signing to the Department of Commerce what 
 is now known as the? Dejtartment of Labor; whether it was because of thi' ju'culiar 
 relationship of the Deiiartment of Lal)or to the proposed Department of Commerce 
 and the consequent fitness that there should be some connection, or whether, in the 
 
476 LEGISLATIVE HISTORY 
 
 effoi-t to equalize the labor of the different departments, it was found necessary to 
 take the Departineut of Labor and put it in the Department of Commerce, thus reliev- 
 ing s line overcrowded department? Which of these two were the motives and rea- 
 sons ))y which the committee were guided? 
 
 Mr. QuAKLES. In regard to that matter, Mr. President, 1 think it wiser to refer to 
 the distinguished Senator from Minnesota [Mr. Nelson], who has this bill in charge 
 and who, l"am sure, is better equipped to answer the question than 1 am. 
 
 Mr. Nelson. Mr. President ^ 
 
 Mr. Hoar. With the permission of the Senator, perhaps the matter that has been 
 pending can be first disposed of. 
 
 Mr. Nelson. Very well. I would suggest to the Senator from Georgia that I w.ill 
 defer for a moment to the Senator from Massachusetts. 
 
 Mr. Bacon. That is entirely satisfactory. 
 
 Mr. Hoar. I merely desire that the pending amendment to the amendment shall 
 be disposed of, as we seem to be agreed all around that it is pro])er. 1 think the 
 suggestion of the senior Senator from Wisconsin [Mr. Spooner] answers my difficulty 
 so far as it is important. I will ask the junior Senator from Wisconsin [Mr. Canaries] 
 if he will modify his amendment l)y striking out the words "bureaus or," where 
 they twice occur, so as to read "other departments." If the Senator will modify his 
 amendment in that way, it will meet my objection. 
 
 Mr. Quarles. I will do so with pleasure. I ask to amend the lirst draft of the 
 amendment 
 
 The President pro tempore. The Senator has that right. 
 
 Mr. QiTARLEs. I will then modify the amendment by striking out the words 
 "bureaus or" where they occur. 
 
 Mr. Hoar. The Senator has the right to do that, the yeas and nays not having 
 been ordered on the amendment. 
 
 The President ])ro tempore. The modification of the amen(hnent of the Senator 
 from Wisconsin made by him will be stated. 
 
 The Secretary. Strike out the words " bureaus or" where they twice occur. 
 
 Mr. Gallinger. Mr. President, for a great many years, as is well known to all 
 memliers of this body, the great commercial interests of the country have been ask- 
 ing for the establishment of a Department of Commerce, and in response to that 
 demand the t'Ommittee on Commerce, charged with such matters, gave very careful 
 consideration to a l)ill, which I think was reported favorably at the second session 
 of the Fifty-sixth Congress. I will ask the Senator from Minnesota if I am not right? 
 
 Mr. Nelson. It was originally reported, I think, in the Fifty-fifth Congress, by the 
 junior Senator from Maine [Mr. Frye], now i)residing over the deliberations of this 
 body. 
 
 Mr. Gallinger. That bill went to the Calendar and was not reached for consider- 
 ation. At the present session it was reintroduced practically as it had l)een reported, 
 and it again received very careful C(jnsideration by the Connnittee on Commerce. 
 It was reported, is now on the Calendar, and under consideration. 
 
 I desire, Mr. President, as a member of that committee, to take a very few 
 moments of the valuable time of the Senate in some observations on this measure, 
 which has been somewhat severely criticised, and jaerhaps properly so, by Senators 
 not members of the Committee on Commerce. 
 
 Section 3 of the biil declares the purpose and the scope of this new Department: 
 
 Sec. 3. That it shall he tho province and rinty of sairt Department to foster, promote, and develop 
 the foreign and domeslie (■(numeree, tlie mining, manufacturing, shi|i|iing, ami lishery industries, 
 the labor interests, and the transportation facilities of the rnited States; an<l to this eiid it sliall be 
 ve.sted with jurisdiction and control of the departments, bureaus, ottiees, and branches of the pul)lic 
 service hereinafter specified, and with such other powers and duties as may be prescribed by law. 
 
 The Senator from Georgia [Mr. Bacon] a moment ago asked why it was that the 
 Department of Labor was included in this bill. He wanted to know whether it was 
 because the committee recognized that the matter the Department of Labor deals 
 with properly belongs to a Department of Connnerce, or whether it was to relieve the 
 pressure upon some other department of the Government. I will say to the Senator 
 tliat, as I understand the matter, it was for the double purpose. First, the Depart- 
 ment of Labor deals with statistics, and it is proposed to place the collection and 
 promulgation of statistics in a bureau in the Department of Commerce, and next 
 because of the fact that the Department under which the Bureau of Labor now is 
 operating is beyond a (juestion overwhelmed with work, and may well be relieved 
 by Congress in the establishment of a new l>ureau. 
 
 Mr. Nelson. Will the Senator allow me to interrupt him? 
 
 Mr. Gallinger. With pleasure. 
 
LEC4ISLATIVK HISTORY 477 
 
 i\rr. Nkuson. I think tlu' Senator is iahorin>x un<l»T a nii«i|>|iiTiu'nsi(in in one 
 ivspi'ft. T\iv Ik'partiMfnt uf Lalxn- is not now in any t'Xi'cntivc (lepurtMH'nt; it is 
 isolated; it is l)y itsrlf. 
 
 Mr. (t.\i,i,ix(;i:k. I'lxin retleetion I recall that that is so, and I was mistaken in the 
 statement 1 made. It is an independent department, and yet not an e.xeeutive 
 de[iartment. It was tli(iu<rht wise l)y tiie eommittee to place it under this new 
 Department, makinir it a hnreau in tlu' ordinary acci-ptation of the term. 
 
 .Mr. I'resident, tliis hill has had, as J hefore stated, very careful consideration. 
 l>ouhtless the committee has made some nnstakes in its construc-tion and in the 
 bureaus and departments they have included in it, Imt it is not a crude bill, and it is 
 not a i)roper subject for criticism in that direction. The bill has already been 
 amended, and 1 think, IMr. President, amended not in a way that imi)roves it. The 
 Census OtHce has been stricken from the l>ill. I quite ajjree with the chairman of 
 the Committee on Census of this body that that otiice sliould be include<l in this 
 new Department, and tiiat the statistics which thatollice is collecting shouM be made 
 part of this proposed Department and put under the Bureau of Statistics, which this 
 bill j)roi>nses to create. 
 
 Mr. Baco.v. ^Vill the Senator pardon nie if I make an inquiry as to the matter on 
 which he has been speaking before he jiasses to another point? 
 
 Mr. (t.m.i.inoek. With pleasure. 
 
 Mr. Bacon. My in(piiry is, whether, in the j)ractical operation of the present 
 Department of Labor, there has developed any sui'h inethciency as recinires that its 
 status shall be changed and that it shall be jnit under one of the great Executive 
 Departments? 
 
 Mr. (iAi.LiX(iER. Well, Mr. President, I think we will all agree that no man has 
 been rash enough to assert here or elsewhere that the Department of Labor as at 
 j)re.sent constituted has not done magnificent work or that it is subject to any criti- 
 cism whatever; and yet it is an independent Department under the law to-day. The 
 connnittee thought it was wise to include it in this new De])artment. That is all. 
 It may not be wise to do so, but the committee thinks it is. The Senate may think 
 otherwise, and, of course, the committee will yield to the judgment of the Senate. 
 
 I could not, ^Ir. President, if 1 tried, utter words of too great praise for the dis- 
 tinguislie<l statistician who is at the head of the present Dei)artment of Lal)or. His 
 work is beyond praise; it has commended itself to all classes of our people; and I 
 have never heard a word uttered by any man in public life in criticism of the admin- 
 istration of that l)epartment. 
 
 Mr. Bacon. Will the Senator permit me, then, to ask him, as a member of the 
 committee, another (piestion? 
 
 Mr. Gallingek. Certainly. 
 
 Mr. Bacon. If, inider the present arrangement, there is such distinguished success, 
 would it not be the i)art of wisdom to allow the present arrangement to continue, 
 rather than to subject the present head of that Department to control which might 
 in some degree in)pair or interfere, with that efficiency, if it is now so perfect? 
 
 Mr. (lALLiNiiEK. Well, i\Ir. President, that is, of coursi", a matter of judgment. I 
 have no doubt the same gentleman will be continued at the head of the work who 
 has it now in hand if this change shall be made. As I stated a moment ago, it is a 
 matter for the Senate to decide ifor itself. 
 
 Again, jNIi'. President, the Coast and Geodetic Survey, which the committee rec- 
 ommended should be included in this new Dejiartment, has been stricken from the 
 bill, and 1 think there a mistake has been made. I suppose it is safe for me to say, 
 Mr. President, that the best charts published in the world are published by the Coast 
 and (ieodetic Survey; but there is an anomaly in that service being in the Treasury 
 Dt'partment, and if it is |)roposed by some future legislation to transfer it to the Navy 
 Department, as has been hinted, I am clearly of opinion that it would be a mistake 
 to <lo that. 
 
 The Coast and Geodetic 'Survey, if I properly imderstand its function, has to do 
 with conunerce. It charts the harbors and coast lines almo.st exclusively, and while 
 the Navy Department nmy well give its spare time to the deep-sea soundings, it seems 
 to me that the specific work the Coast and Geodetic Survey has in hand l)elongs 
 almost exclusively to this new Dei)artment of Commerce, if it shall be created; but 
 the Senate has stricken from tiu' bill that i>rovision, and it very likely will adhere 
 to the conclusion it reached on that point, although I give notice tiiat when the 
 matter comes into the Senate I shall ask for a sejiarate vote on that proposition. 
 
 Mr. President, as to the matter of statistics, which is innnediately in hand, I do 
 not think the criticisms which were ma<le upon the bill in that regard were well 
 founded. Possibly the provisions are not sulHciently clear; i)ossil)ly the scope may 
 not be as broad as it ought to be; but the committee had clearly in mind the estab- 
 
478 LEGISLATIVE HISTOEY 
 
 lishment of a sinj^le Bureau of Statistics, and the bill very pointedly accomplishes 
 that result, as I understand. If you turn to page 3, line 16, you will find it is provided : 
 
 That the Bureau of Foreign Commerce, now in the Department of State, be, and the same liereby 
 is, transferred to the Department of Commerce and consolidated with and made a part of the Bureaii 
 of Statistics, licrcinbcfore transferred friim the Department of tlie Treasury to tlie Department of 
 Comincrcc, and the i-hicf i>( said liurcan of KoreiKu Coiinnerce shall be the assistant cliief of the said 
 Bureau of Statistics; and it shall be the duty of said bureau — 
 
 Not of two bureaus, as has been contended here, but — 
 
 it sliall be tlie duty of saiil Btn-eau, under the direction of the Secretary, in addition to the duties now 
 prescribed by law, to jiathcr, compile, classify, and i)Ublisli statistical information showinu the con- 
 dition of the foreign and domestic commerce, of the mining, manufacturiut;, sliippiuK, and lishery 
 industries, and of the tran.sportation facilities of the United States. 
 
 Mr. President, in creating this Bureau of Statistics the bill proposes that we shall 
 transfer to the Department of Commerce tlie Bureau of Statistics now in the Treasury 
 Department; that we shall take the Bureau of Statistics in the State Department and 
 consolidate them, and if SenatiM's will turn to page 5 of the l)ill they will perceive 
 that we provide tliat the consular officers shall likewise continue to gather statistics, 
 and that their work shall be turned over to this Bureau of Statistics in the Depart- 
 ment of Commerce. 
 
 I say, Mr. President, that the criticisms whicli ha.ve been made, that we were not 
 sufficiently exj)licit in saying that there shotild be one bureau, are not, to my mind, 
 justified by the language of the Ijill; but of course if it can be made more clear by the 
 amendment submitted by the Senator from ]\lissouri [INIr. Cockrell] and the amend- 
 ment which is now pending, sulnuitted liy the Senator from Wisconsin [Mr. Quarles], 
 the committee will ))e glad to have the text of the bill perfected in that resjiect. 
 
 I do not know that 1 luive anything further which I ought to impose upon the 
 Senate in this matter, but 1 will say further that the cammittee has had one oliject 
 in view, and that was to respond to the almost universal demand of the commercial 
 bodies and interests of this country for the estal)lishment of another executive depart- 
 ment of the Government to be known as the De])artment of Commerce. Their pur- 
 pose has been to ha\ea Bureau of Statistii'S which would accomplish the very results 
 which the Senators who have criticised the bill think it desiraljle for us to accom- 
 plish. Ju creating tiiis new Department we, of necessity, invaded the other depart- 
 ments; we liad to take one bureau from one department and another ))ureau from 
 another dei)artment. We had to give this new J)epartment some work, and we found 
 some of the other departments so overcrowded that we could well invade their 
 domaiii and transfer to tliis new Dejiartment the work wdiich more properly l)elong3 
 to a Depait-meut of Commerce than to any existing executive department. 
 
 Mr. President, I trust the l)ill will be speedily voted on. It is, to my mind, a bill 
 which is demanded by the Ijest interests of the people of the United States, and wliich 
 will receive the commendation of tlie great commercial bodies of this great commer- 
 cial country of ours. 
 
 The President pro tempore. The Presiding Officer of the Senate received a letter 
 addressed to liini by ]Mr. (iomjiers, the president of the American Fedei'ation of 
 Labor, witli tlie re(]uest that "you may extend the courtesy of submitting this com- 
 munication to the Senate of the LTnited States." As it relates to the pending bill, 
 and possibly to the proposed pending amendment, if there be no objection, the Chair 
 will comjjly with the request of this gentleman and submit the letter to the Senate. 
 Is there objection? The Chair hears none, and the Secretary will read the letter. 
 
 The Secretary read as follows: 
 
 Amekican Federation of Labor, 
 Washington, D. C, January 20, 190$. 
 Hon. William P. Frye, 
 
 President pro tanpore United States Senate. 
 
 Dear Sir;: The bill pending before your honorable body. Senate 509, is, as yon know, to establish 
 a Departnienl of Commerce, with thccreation of an ollice to be known as SecretarNdf the Depart- 
 ment of Commerce. A jierusal of the bill .shows that it ]iroposes to transfer the I»ciiartment of Labor 
 to the proposed Department of Commerce, and it is this particular feature to whicli your attention is 
 respectfully direiied. 
 
 As yon kiiow, the Bureau of Labor Statistie.<f was created at the earnest solicitation of the organized 
 labor mt)vement of America, and s\ibser|uently changed to the higher position of the Departnu'ut of 
 Labor. This, too, in response to the earnest rc(iuest of the Amcric.-in Federation of Labor, and the 
 hope has been long entiTtained that time would demonstrate the wisdom of an independent executive 
 department and its chief otticcr a secretary with a voice in the councils of the President, alfecting 
 matters parti<-ularly relating to the .f;i-eat interests of labor. 
 
 No keen observer disi>ntcs that tlie all-absorbing and burning question of our time is expressed in 
 the terms "the labor question." In the effort to establish the rightful relation of the workers to 
 society, in the production of wealth and in its just distribution, is encompassed all the complex (pies- 
 tions of our lives. 
 
 That justice should be meted out to all the workers, no thoughtful man will deny. 
 
 Anything which is not based nixin ethi<-al consi(k>rations for all, no intelligent trade unionist asks. 
 
 C^ncstions ol'len aris(' in tlie otlicial fairiily of the I'residt'ut of the llnited States in which justice, 
 fair dealing, ethics, and the law and its administration must freiiueiitly be under consideration, and, 
 
LKGISLATIVE HISTORY 479 
 
 niiloss thoro is sonic roprosontntivoof the workiTscDniin'loiit tospi-ak in tlii'ir iiiinu', fotulvocate tlicir 
 ciiiist", III (•(iiivcy ti> till' KxiTiitivc lu'iiil iiiiil liisnilviscislhc lalKiivr'ssidi'ul" hiliDr'seuiiti'iitioti, lie iiiifl 
 tlicy must 111' (ioiuivci) (if viihiulik' iiiul fiu-ivai'liliiK inriniiuitinii. It is In siiiiply tliis iiri'sciit tli-ti- 
 cii'iicy tlial till' Aiiii'iii'au Ki'iliTatioii of Laliiir has asked, ami should ri'iicat and increase its cITort.s, 
 to secure the eiiaetmeiit by Con^ressof a law creatinij-a Dciiartinciit of Labor, uitli a Secretary who 
 shall ha\c a seat in tlie I'resideiit's Cabinet. 
 
 The creation of a lie|iartnieiit of ('oiiimerce with tlie provision for the subordination of the Dcpiirt- 
 iiient of Labor, will minimize the importance of l;ibiir's interests and minimize the iireseiil Depart- 
 ment of Labor. Against such a procedure, in the name of American labor, 1 enter my most solemn 
 protest. 
 
 'riierc can be no question that the niemlicrs of a President's Ciibinct are representatives of the 
 employers' and business men's side of industry, commerce and finance. (Uir ambassadors and con- 
 suls to foreijrn countries are a.iients and advocates of the same interests, and there can be no kooiI 
 ri'a.son for the creation of n department of ("ommerce, particularly when the liipartment of l>abor, 
 which was created for a iiarliciilar ]inriiose. in no way Kcrmaiie to a Deparlmcnl of ('(Jimnerce, and 
 which it is jiurposed shall be absorbed thereby to the detriment of the interests of all our people. 
 
 It is therefore ur.treiitly rei|nested that in the event that the honorable Senate should deem it wise 
 to enact Senate bill . Si;'.!, that the Di'partment of Labor as now constituted may be eliminated from 
 its provisions. I trust, too, that you may extend the courtesy of submitting this communication to 
 the Senate of the rnited States. 
 
 I have the honor to remain, yours, very respectfully, 
 
 Samf-. Gompkrs, 
 President American Federation of Labor. 
 
 The Pkesidknt pro ti'iiipore. The (luestion is on a^reeiii^' to the ainciKhiient suh- 
 mittt'tl by the iSeiiator ffoiii Wisconsin as niodilied. 
 
 jNIr. Tkli.1':h. I do not tiiink thi- Senator from New Ihmipshire [i\Ir. (ialHnger] 
 need infer tliat we are criticising the worii of the committee Viecaiise we do not agree 
 with the bill in all its provisions. 1 believe it iscui^tomary in the Senate for Senators 
 who do not entirely agree with a conmiittee to make suggestions of amendment, and 
 I hope that will be continued. Certainly the proposition of two bureaus of statistics 
 in one J\>partmeiit and the chief of one the assistant chief of the other is a new 
 dejiarture in administration. Nobody ever heard of such a thing before, and any- 
 body who has hail experience in tho.'^e affairs nuist know that it will not work. All 
 tliat has gone out, liowever. The Senator from New Hampshire seems to think it is 
 a reflection upon the eonniiittee to strike it out. 
 
 Mr. (.TALLixoicit. No, Mr. President, if the Senator from Colorado will permit me, 
 I did not mean to say that. 
 
 INIr. Teller. It sounded hke it. 
 
 ^Ir. (Jallinger. I meant to say, and I rejieat, that I am of opinion that the 
 language of the bill does not bear out that constructiim. That is all I meant. It is 
 a difference of ojiinion between the Senator and me. 
 
 Mr. Tellkk. It is possible that we are mistaken, but it does not seem so to me. 
 However, that has gone out. 
 
 Here is another proposition which I think ought to be considered a minute. As 
 I said before, I am not making olijections in hostility to the liill. I expect the bill 
 to jiass. I should like to see it in such shape, however, that it will be a projier bill 
 ti> be passed. On page 5 there is a very proper provision. I do not find fault 
 with it. 
 
 And all consular ollicers of the United States, including consul-generals, consuls, .ind commercial 
 agents, are hereby reiiliired, and it is made a part of their duty, under the direction of the Secretary 
 of State, to gather and compile, from time to time — 
 
 That is what they are doing, perhaps without any law, but there is no objection 
 to it. AVhat I object to is this: 
 
 From lime to time, upon the request of the Secretary of Commerce. 
 
 In other words, you take away from the Secretary of State the power to do this, 
 unless the Secretary of Commerce requests it to be done, do you not? 
 
 ]\Ir. Lodge. 1 do not think that is the intention, certainly. 
 
 Mr. Teller. I do not know tliat it is, but does it not look a littk 
 
 I\Ir. Lod(;e. The line which the Senator has read is my amendment. That is the 
 reason why I have rejtlied to the Senator. 
 
 Mr. Teller. 1 think what the Senator had in mind perhaps was that ujion the 
 reipiest of the Secretary of Coimuerce the Secretary of State should furnish the sta- 
 tistics to this P)ureau. I think that would ])i^ projier, but I hardly think it would be 
 proper to say that he is to make these impiiries iiiion the reipiest of the Secretary of 
 (Vimmerce. That work has been done for a number of years, and it has been very 
 valuable. 
 
 Mr. LoDOE. It has been done under the law — the hiw estaljlishing the Bureau of 
 Foreign Commerci^ in the State I)e{)artment. 
 
 ]\Ir. Teller. I <lid not know it had been done under the law. 
 
 INIr. LoDCE. I think that is the way it has been done. 
 
 Mr. Teller. I did not know whether the law re(|tnre<l it or whether it has grown 
 up; but either way, it has been a useful and valualile service. 
 
480 LEGISLATIVE HISTORY 
 
 Mr. Lodge. Of course, the Secretary of State has tlie power to direct the consuls 
 to transmit any information that he desires. 
 
 Mr. Teller. I thinic it would be better to change this so that, upon the request of 
 the Secretary of Commerce, he should furnish the statistics to the Department of 
 Commerce. 
 
 Mr. Lodge. Then the Senator would strike out the words "upon the request of 
 the Secretary of Commerce." That is all that is necessary. 
 
 Mr. Teller. Then I would strike out those words. 
 
 Mr. Nelson. Mr. President 
 
 The President jiro tempore. Does the Senator irinn Colorado yield to the Senator 
 from JNlinnesota? 
 
 Mr. Teller. Certainly. 
 
 Mr. Nelson. Will the Senator from Colorado allow me to suggest that we can meet 
 the suggestion he has made, and it will not mar the bill in the least in that respect, 
 by striking out, in line 15, the words "upon the request of the Secretary of Com- 
 merce?" 
 
 Mr. Teller. I think that will do it. 
 
 Mr. Nelson. If that is satisfactory, it will not change the effect of the l)ill. If the 
 Senator from Colorado will move that amendment, I shall have no ol)jection to it. 
 
 Mr. Teller. I move, then, to strike out in line 15 the words "upon the request of 
 the Secretary of Commerce." 
 
 The President pro tempore. The Senator from Colorado moves an amendment. 
 The Chair will entertain the motion now, although there is an amendment pending. 
 
 Mr. Teller. As this is an informal amendment, I hojie it will l)e entertained. 
 
 The President pro temiwre. The Chair will entertain the amendment. The ques- 
 tion is on agreeing to the amendment proposed by the Senator from Colorado, which 
 will ])e stated. 
 
 The Secretary. In line 15, jtage 5, it is i^roposed to strike out the words "upon 
 the request of the Secretary of Commerce." 
 
 The amendment was agreed to. 
 
 Mr. Teller. Mr. President, I merely wish to say a word about the Statistical 
 Bureau. It is a matter I have had considerably at heart, and I know some other 
 Senators have. I do not know but that we have it now so that it is thoroughly com- 
 plete and efficient. I can hardly tell by hearing the bill read, and nobody else can, 
 for that matter. 
 
 What I think we need is that when the Director of the Mint shall make up his 
 estimate of the amount of gold, when the Comptroller of the Currency shall make up 
 his estimate or his statement, that somebody, before those statements become pub- 
 lished or become a part of a report, shall oversee them. I do not know whether this 
 bill provides for that or not. I do not kiiow whether it would be regarded as offen- 
 sive to the bill if I were to suggest it. I believe that is what we ought to have. 
 
 Mr. Nelson. I will say to the Senator from Colorado that I think the amendment 
 of the Senator from Wisconsin will reach the point to which he has referred. 
 
 Mr. Teller. The other day I understood the Senator from Missouri to indicate 
 that to his mind the Chief of the Bureau of Statistics had control of these estimates 
 of other departments. I challenge that. I think perhaps he did not mean that. He 
 meant to say, I guess, that the Chief of the Bureau was acting under authority of 
 law. That is right. But he has no power over the Director of tlu' Mint. He could 
 not change his figures if he wanted to, except to change them in his own report. He 
 could see that the Director of the Mint made his figures conform to those of the 
 Bureau of Statistics. That is where the trouble comes in. 
 
 Mr. Allison. Mr.'Presi<lent, I should like to say a word before the amendment is 
 acted upon. As I understand, it is now projiosed, by the scope of this ])ill, to transfer 
 to the new Department all matters relating to statistical information, and the auiend- 
 ment offeretl by the Senator from Wisconsin proposes to give this new Secretary the 
 power to subordinate all other departments to this Department, because, whatever 
 he asks from them they are bound to furnish, if I understand the purport of the 
 amendment. 
 
 Mr. CuLLOM. All other departments? 
 
 Mr. Allison. All other departments. That is to say, if the Secretary of Commerce 
 wishes any information or statistics as respects anything connecte(l with another 
 department, it shall l)e the duty of that department to furnish it. 
 
 Now, I doubt very much Avhether it is worth while for us to insert in this bill a 
 provision of that charac^ter, even applying to the departments. It is true that the 
 amendment originally proposed has l)een amended so as to strike out liureaus, but 
 that does not meet my objection thoroughly. I understand now that this bill trans- 
 fers the Bureau of Statistics from the Treasury Department to the Department of 
 
LEGISLATIVE HISTORY 481 
 
 Commerce, the object beinp; to have that Dcpartiiiciit do wliat tlio Bureau of Statis- 
 tios in tho Treasury IVpartinoiit is now doinir. Am 1 ri<.'iit in that respect? 
 
 Mr. Nki.son. Certainly the Senator is ri;,'ht. If he will allow me in this connec- 
 tion, I wish to say to liim that in one respect lie misapjirehends the hill. There is 
 iio attempt to transfer any statistical division of the (iovernnu-nt, excei)t what 
 is known as tlie lUireau of Forei.^n t'ominerce, wliicli used to he called the Bureau of 
 Statistics, in the State Department. That is transferred to the new Department and 
 consoli(hited witli the 15ureau of Statistics, now in the Treasury Department, with a 
 view (if makinji one entire Bureau of Statistics. That is the only consolidation. 
 Till' hill does not attempt to enlarge the scope of the work that is now conferred 
 uj)on the Bureau of Statistics. 
 
 .Mr. Ai.i.iso.v. 1 am >rlad to liave the information. That wa.s really my understand- 
 ing, and I intended to state it. 
 
 Now, if that he true, as I understand it to he true, I submit that the amenthnent 
 now offered by the Senator from Wisconsin is not necessary, becau.se it i.s the duty of 
 the Bureau of Statistics to collate and compile the information which it is now pro- 
 posed to provide for l)y specific statute. I have before me the requirements with 
 respect to the Bureau of Statistics, and I find that they end)race jiractically every- 
 thing connected with our internal and external conmierce, and they also contain 
 every jn-oper thing, 1 should think, as respects the industries of the country. 
 
 ^Ir. Nelso.n. 1 may say, if the Senator will allow me to interrupt him riglit here, 
 that that was the very reason w hy we thought it was appropriate to the Department 
 of Commerce. 
 
 Mr. Allison. Very well. The Senator does, not understand me to oppose this 
 transfer or to oppose his bill. I suppose a little bit of criticism on this bill as it 
 occurs to Senators on the fioor can not be considered as hostile to the measure. 
 
 i\Ir. CocKRELL. Will the Senator from Iowa read that section? 
 
 Mr. Ci'LLO.M. Let ns hear it read. 
 
 Mr. Allison. I will not read the whole of it, because it is an elaborate arrange- 
 ment and seems to be very well prepared. 
 
 Tho Chief of the Bureau of Statistics .'iliall, under tlie direction of tlic Secretary of the Treasury, 
 annually prepare a report — 
 
 That is what he is to do — 
 
 Tlie Chief of the Bureau of Statistics shall, under the direction of the Secretary of the Treasury, 
 annually prepare a report on the statistics of commerce and navigation of the United States with for- 
 eign couiuries to the cluse of the fiscal year. Such accounts shall comprehend all goods, wares, and 
 niercluuKlise exported from the t'nited States to other countries; all goods, wares and merchandise 
 importeil into the United States from other countries, and all navigation employed in the foreign 
 trade of the United States; which facts shall be stated according to the principles and in the manner 
 hereby directed. 
 
 And then the manner is set forth in considerable detail, which I will not read. 
 
 Then another section provides what the collectors of customs shall do in order to 
 enable him to prepare these statistks, and there are a great many other things which 
 he is obliged to do. 
 
 The Chief of the Bureau of Statistics shall, under the direction of the .secretary of the Treasury, 
 prepare and publish monthly reports of the exports and imports of the United States, including the 
 quantities and values of goods \varehouse<i or wilhcirawn from warehouse, and such other statistics 
 relative to the trade and industry of the country as the Secretary of the Treasury may consider 
 expedient. * 
 
 Now, I submit to the Senator from Minne.«otathat it will be impo.«sible, as I con- 
 ceive it, for this new Secretary to .secure these statistics in any way except from the 
 Treasury Department. He will not have m his Department that U]ion which this 
 infonnation can be foundeil or from which it can he deriveil. All this information 
 as respects exports and imjiorts is necessarily m the hands of the Secretary of the 
 Treasury and within the purview of that Secretary. So I think there will be diffi- 
 culty in transferring this particular duty from the Secretary of the Treasury to the 
 new Secretary. 
 
 INIr. LoiKiK. Do I understand the Senator from Iowa to mean that because the 
 Secretary has to get this information from collectors of customs, therefore it ought to 
 remain under the Treasury Department? 
 
 Mr. Allison. No, sir; the Senator should not so understand me. 
 
 Mr. Lodge. Will the Senator kindly explain to me what the objection is? 
 
 ]Mr. Allison. I undertake to .say that it is not a practicable tiling to undertake to 
 transfer to the new Bureau all the warehouses of the United States which contain 
 foreign goods. It is not practicatile to transfer to the new Secretary the duty of 
 making a monthly statement ol the value of goods in warehouse or withdrawn from 
 warehouses, exceiit he obtains the information through the Secretary of the Treas- 
 
 27028—04 31 
 
482 LEGISLATIVE HISTORY 
 
 nry, unless the new Secretary is to take upon himself the control and direction of 
 the importation of merchandise and the collection of revenue thereupon. 
 
 Mr. Lodge. I understand — and the Senator will correct me if I am wrong — the 
 officers in charge of the warehouses and the collectors of customs, etc., now transmit 
 these statistics to the Chief of the Bureau of Statistics. The Chief of the Bureau of 
 Statistics does not collect them himself at the warehouses and ports. They are 
 transmitted to him l)y those officers. 
 
 Mr. Allison. They can l)e by law. They are not now authorized to be transmitted 
 to the Bureau by any statute I know of. 
 
 Mr. Lodge. I thought that was what the Senator read. 
 
 Mr. Allison. 1 have no doubt the Chief of the Bureau of Statistics is in communi- 
 cation with these collectors for the jjurpose of securing information. 
 
 Mr. Lodge. I mean thatihe Chief of the Bureau of Statistics lias a large mass of 
 statistics, as we all know, gathered from the collectors of our ports and from ware- 
 houses, etc. Now, he does not himself go around to the various jwrts and get them. 
 They must be transmitted to him bv those officers. 
 
 Mr. Allison. That may be, but they are now transmitted necessarily to the Secre- 
 tary of the Treasury. 
 
 Mr. Lodge. Certainly; and by him sent to tlie Bureau of Statistics. 
 
 Mr. Allison. Yes. 
 
 Mr. IjODCiE. Now, suppose the Bureau of Statistics were moved into the Depart- 
 ment of Commerce. We are proposing to transmit from the State Department the 
 statistics gathered by consuls. 
 
 Mr. Allison. Very well. 
 
 Mr. Lodge. Why can not the Treasury transmit those gathered from collectors? 
 
 Mr. Allison. Possibly it can. 1 am only saying that possil)ly there will be a little 
 difficulty in providing that the head of one dei)artment shall transfer monthly to the 
 head of another department, or to a bureau of another <le])artment all these statis- 
 tics. It will require duplication, undoubtedly, but I make no special point on that. 
 
 The law continues: 
 
 The Chief (if the Burcuu of Statistics sliall prepare an annual stntcniciit of all inofclianilise passing; 
 in traTisit throu.uh the rnitc<l States to forei.un countries, each ilescriiition of lucrcliandisc, so far as 
 practicable, warehonsiMl, withdrawn from warehouse for consumption, lor exiiortation, for transjior- 
 tation to other districts, and reujaining in the warehouse at the end of each fiscal year. 
 
 Of course this can all be furnished by the Treasury Department to the new Depart- 
 ment, if necessary, and that is the way it will have to obtain it — through customs 
 officers and not through any officers that the Secretary of Commerce can possibly 
 employ. 
 
 Now, then, in addition to that, the law provides: 
 
 The Chief of the Bureau of Statistics shall collect, digest, and arrange, for the use of Congress, the 
 .statistics of tlie manufactures of the United States, their localities, sources of raw material, markets, 
 exchanges with the producing regions of the country, transportation of products, wages, and sucli 
 other conditions as are found to affect their pro.sperity." 
 
 Now, that is all done under the law by this Bureau which is to be transferred to 
 the new Department, and I submit that with this statement it is unnecessary for us 
 to inject into this new statute mandatory ])rovisions. I think a head of a department 
 when called ujion for statistical information will furnish it as a matter of comity, and 
 I do not think one Secretary should be subordinated to another in this regard. There- 
 fore I find more ample provision made here than 1 had supposed the other day when 
 I was speaking somewhat of the imjiortance of what the Senator now proposes and 
 what is proposed in this bill, and to whii-h I cordially agree. 1 have no fault to find 
 with it, but I think the method now adojjted is one which lias pi-oved satisfactory 
 and which, with an efficient chief of bureau, will gather under this new Secretary all 
 tlie information from every source available which will be required in this annual 
 statement. 
 
 Mr. Lodge. I should like to ask the Senator a question, if it does not disturb him. 
 
 Mr. Allison, ('ertainly. 
 
 Mr. Lodge. Whether the Bureau of Statistics remains where it is or whether it is 
 transferred, it will perform the duties which the Senator has read from the original 
 statute and are rejieated and amplified here? 
 
 Mr. Allison. Undoubtedly. 
 
 ]\lr. Lod(;e. Now, we have gone to work and imposed on the census the task of 
 collecting the same statistics that this Bureau is collecting from month to month and 
 year to year. Why should we duplicate this work? Why can we not in some way 
 consolidate the statistic;al work instead of having it done twice? 
 
 Mr. Allison. If the Senator from Massachusetts understands me to propose du- 
 plication 
 
 Mr. Lodge. ()h, I do not. 
 
LEGISLATIVE HISTORY 483 
 
 'S\v. Allison. I must iH'rt;uiily ilisalmsc liis niiml. I am cmlcavoriiit,' to do ox- 
 actly wliat tlio roiuiuitti-e is t-iuU-avuriiij; to do, Imt I am critiiisinj,' now a sujit^es- 
 tioii nuuit' hy tlie Senator from Wisi'oiisin, whicli I aj^rceil to practically in advance 
 the ((tlicr day, hci'ause 1 di<l not know then in detail what 1 see now on lookinji at 
 the statnte-tliat tliere is anijile and complete pDwer now to <;atherall that is |ios- 
 sihle to lie gathered hy the new Sei'retary. Therefore it is that I want the Secrt'tary 
 to have the widest Hco])e, and that tlie best comity, if I may nse that term, shall pre- 
 vail between the secretaries, and not have clerks of one department write letters to 
 the other, an<l make it the duty of tliat other to respond thereto. 
 
 Mr. QiAKLEs. If it will not interrupt the Senator from Iowa, I should like to make 
 a suji^estion. 
 
 Mr. Allison. Certainly. 
 
 Mr. QiAKLKs. The fact that the statistics gathered in that IWin-an — as the Si-nator 
 has read from the statute — are valnal)le and accurate does not meet the case, I suj;- 
 gest to the Senator. ]>et me illustiate from the statute which he has ju.st read. It 
 reipiires the Bureau of Statistics to feather full information rej^ardinji manufactures, 
 for instance. Is there any necessity in the decennial year, when tlu^ census is ex- 
 pressly chargeil with tlie duty of gathering those identical statistics, of having the 
 work duplicated by that Bureau? Under jny amendment, as the Senator will see, 
 there would be a discretion k'ft in this otiicer to suspend the work of the Bureau for 
 the ])articular year when the census is charged with the duty of gathering those 
 identical statistics, and there is no object in paying for them twice. 
 
 ^Ir. Allison. I agree thoroughly with tin suggestion nuide by the Senator, but that 
 is a criticism upon the census bill wliich we passed two years ago. If it is true that 
 these statistics are as comprehensive as the statistics of the census, tlien we should not 
 have provided for them; but I think tlie decennial census is intended for a wider and 
 perhaps more important purjiose — that of showing in detail the growth and develo])- 
 nient of our country for each decade, so that we can compare the census of 1900 with 
 the census of ISOOand ascertain as respects our agricultural, our manufacturing, our 
 farming, and our mining ju'oduction the progress and development made in ten years. 
 
 Therefore, decennially we have in the past — it may not have been wise — ])rovi<Ud 
 for an enlarged and specific and detaileil statement, whiidi it is not expected will be 
 done in the Bureau of Statistics. It is, as a matter of fact, impossil)le that it shall 
 he done, and it is impossilile that any department can do it every year. We shall 
 have expended, when we have finished this decennial census, ten or twelve million 
 dollars, l)ecause every home has been visited, every farm lias been visited, every 
 niamifacturing industry has been visited, and the details have been shown, for this 
 decennial period, as to the numlier of men employed in eacli, as to the wages paid 
 in each, so far as practicable, because all that information is difficult to secure. 
 
 I suggested yesterday that when the Senator from Wisconsin brings in his elabo- 
 rate provision here for a continuation of the census, without regard to decennial 
 periods, making it a bureau or an^otfice in some one of the departments of the Gov- 
 ernment, then is the time to arrange for that class of statistics specifically and, per- 
 haps, more in detail for the impositif)n of new duties, if there are additional duties 
 required, upon the Chief of the Bureau of Statistics. 
 
 Therefore it is, Mr. President, that I would rather we would not now deal with 
 the new ]»owers that are proposed here as respects the gathering of statistics, but 
 that we should rest for the moment, at least until we get this new Department into 
 play, upon the v»'ry comprehensive statute and the comprehensive powers that are 
 now given to the Chief of the Bureau of Statistics, which Bureau is to be here trans- 
 ferred. That is my general iilea. 
 
 I may lie mistaken about it, but I undertake to say that it will be impossilile for 
 us each and every year to deal at large with the (juestion of our occupations, our 
 wages, our labor, our manufactures, our mines, our forests, and our agriculture in 
 detail as they are dealt with every ten years. So, after further consideration, I 
 believe it is unwise for us now to legislate whereby we shall enlarge the duties and 
 powers of this new Secretary so as to make every otlier Secretary who hajipens to 
 have a statistical linreau in his I>epartment subordinate to the new Secretary, as will 
 ])e the case if this amendment is agreed to. 
 
 I hope the Senator from Wisconsin will withdraw the amendment and allow the 
 law to stand, as I think it does stand, with comprehensive powers as resjiects the 
 gathering of statistics. I am sure that every Secretary of any department will gladly 
 furnish the statistics in detail when calle(l for, and they will furnish them, and do 
 furnish tlii'iu, in their annual reports, which are alwavs transmuted right into the 
 Statistical Abstract. 
 
 Mr. LoDci:. Mr. I'resirlent, as 1 understand it, we have had censuses of late which 
 were intended to chronicle the decennial growth of which the Senator has spoken. 
 ^Ve added one subject to another until by the time the census was published the 
 
484 LEGISLATIVE HISTORY 
 
 statistics were completely obsolete, and nobody tbougbt of using them. In fact they 
 became, except for the statistics of population, such gloomy failures, that is, for cur- 
 rent knowledge, that at the last census we undertook to change, and did almost 
 completely change our s^'stem. We provided that we should have a very limited 
 number of subjects and get the returns in two years, and then that the other sub- 
 jects on which we wanted detailed statements should be referred to a permanent 
 bureau to report upon them from time to time. That seems to me to be an intelli- 
 gent way of dealing with it. 
 
 If we are to have a permanent bureau to deal with these statistics, why not con- 
 centrate it in one hand? We have bureaus of statistics scattered about in almost 
 every department of the Government, publishing and repul)lishing — many of them — 
 the same information. I do not care whether the central bureau is put under one 
 department or another, but it seems to me we ought to have one l^ureau of statistics 
 and that all statistics should be sent to that bureau, no matter where 3'ou place the 
 bureau. Then we shall have one issue. We will not duplicate. We will not spend 
 twice as much money as we need. We will get reports on different subjects from 
 time to time with some degree of freshness. W^e shall save more money and get bet- 
 ter returns, it seems to me, in that way than any other. 
 
 The plea I am making is the old plea that I have heard made here by many Sena- 
 tors on other subjects, for a concentration of all the bureaus in the Government which 
 are doing the same work. 
 
 The Census, which is the great statistical l>ureau of the Government, it seems to 
 me, ought to be the nucleus around which all the others should gather, and the 
 Census, the Bureau of Statistics, the Bureau of Commercial Statistics, and the Bureau 
 of Foreign Statistics should all be grouped together under one head, and we should 
 have all the statistics gatliered in the different departments transmitted by the heads 
 of those departments to the central bureau. I do not think anyone can question that 
 we would get better results very much quicker and that we would simplify and cheapen 
 the whole of this important branch of the Government. 
 
 I welcomed this l)ill because it seemed to be making an advance in that precise 
 direction. I was very sorry to see that the Census had been stricken out of it. I 
 think the Census ought to be there. I think the Bureau of Statistics ought to l)e there. 
 I tried to arrange the part relating to the Bureau of Foreign Commerce so that all that 
 was statistical might be delivered by the State Department to the new Department. 
 
 It seems to me that we ought to apply the same system to the Treasury — that let 
 that which is statistical in the Treasury be transmitted to the new bureau formed 
 under the new Department. That, it seems to me, should be the true object for 
 which we should try to legislate. 
 
 As I understand it, the amendment of the Senator from Wisconsin is predicated on 
 the return of the Cens is to this Department, but wherever we put the Census I think 
 we ought to aim by our legislation to bring all the other statistical bureaus around it 
 and consolidate them with it, so far as it is possible to be done. 
 
 Mr. Allison. Now, Mi'. President, one word. The Senator from Massachusetts 
 seems to think that I am opposed to what he is for. 
 
 Mr. Lodge. Not the least of it. 
 
 Mr. Allison. I agree with him in everything he says appertaining to the consoli- 
 dation of the different statistical bureaus wherever it is practicable. That is done 
 now by this bill, and I am for it. I do not object to it. 
 
 INIr. Si'ooNER. If the Senator will allow me, what is the particular provision to 
 which he does object? 
 
 Mr. Allison. I will endeavor to state the particular provision to which I object. 
 It is that now, having ample provision alreadj' made, as I understand it, this amend- 
 ment which I see before me in the hands of the Senator and which he is ready to 
 comment upon I have no doubt, when I take my seat, ])rovides that the Secretary of 
 Commerce shall have complete c(jntrol — that means something — of the gathering 
 and distributing of statistical information. Now, that is number one. I submit 
 that that goes beyond the scope of the original purpose and intent of the bill, which 
 I am for and which I am going in my feeble way to support as best I can. 
 
 This Secretary is to have all this within his scojie and purview, to begin with. 
 He is tlien to get it first from original sources, if he chooses. Under the scope of 
 this amendment, as I understand it — I may not be able to understand it; I hope to 
 have it explained if I do not — if the Secretary chooses, instead of entering upon an 
 original investigation, he can call ujton the heail of any other department for informa- 
 tion which heisto have the complete control of, and it is made the duty of the heads 
 of the departments to hirnish to him what statistical da*;a they have. 
 
 Now, to answer the Senator from Wisconsin [Mr. Spooner], my criticism is that, 
 in establishing this Department of Commerce, we had better proceed in such a way 
 as to give the Secretary additional powers, if he needs them, but not for the moment 
 
LEGISLATIVE HISTORY 485 
 
 to civo liim tlio powers that now devolve upon tl\e heads of other Dei)artineiits wliich 
 are traiisferreil to liim l)y this hill. Here, is an elai)orate statute alxmt the IJiireaii 
 of Statisties. If we want to amend that statute, if it is not comiJrehensive enonf^h, 
 K>t us deal with it after we have made this si'^rrej^ation, if 1 may use that term, of 
 l)ureaus from one departnu'ut to anotlu'r. Tliat is my eriticism. 
 
 On yesterday 1 was ratlu'r of the opinioTi that something ouj^ht to be inserted here, 
 and I do not know but tliat 1 said so to the Senator from Wisconsin; l)ut when I 
 came to examine the statuti- as ri'speets the Chief of the llureau of Statisties, I found 
 a <'omprehensive and carefully prepared statutt', under which we have acteil for 
 twenty years without any ^reat ditiiculty, and under which we have had luimerons 
 statistical abstracts of jrreat value. They may not be as compn^hensive as they 
 ouj,'lit to be or will be with this ni'W head, who, it is to be sn])i)oseil, will ^ive par- 
 ticular attention to it and see to it that we have a volume which will contain all the 
 information respectini; our industries and occupations. What 1 want to do is to rest 
 upon the statutes that we have ami to transfer this Bureau as i)roposeil to the new 
 Department of Commerce; that is all. 
 
 I\Ir. Sco'iT. The Senator is in favor, then, of establishinfr the new Department? 
 
 Mr. Allison. The Senator from West Virginia must have been absent a part of 
 the time while I have been speaking. 
 
 Mr. Scorr. No, sir; I have been here all the tinie. 
 
 Mr. Allison. I have been trying to say over and over again that I am in favor 
 of this bill, and I have been trying, in a feeble way, perhaps, to suggest amendments 
 which are proper. But just now I am absolutely in defense of the committee, 
 becanse the Senator from Wisc(jnsin [Mr. (iuarles] proposes an amendment, and I 
 am rather inclined to ask the committee to resist the amendment, because there is 
 enongh in the bill now for our present purposes. 
 
 Mr. Nelson. It is about the hour of 2 o'clock. I ask unanimous consent that we 
 may continue the consideration of this bill. 
 
 The Senate, as in Committee of the Whole, resumed the consideration of the bill 
 (S. 569) to establish the Department of Commerce. [January 22, 1902.] 
 
 The Presiding Officer. The pending question is on the amendment offered by 
 the Senator from AVisconsin [Mr. Quarles]. 
 
 Mr. Spooner. Mr. President, I listened to the Senator from Iowa [Mr. Allison] 
 with a great deal of interest and a great deal of pleasure. I do not know of anyone 
 who is in the legislative public service who, taken all in all, is as familiar with the 
 various departments of the Government as he is, and I am accustomed to defer to 
 his opinion. But I hardly think the criticism which he makes upon the amend- 
 ment proposed by my colleague is a just one. There are a number of bureaus trans- 
 ferred from various departments to this proposed Department of Commerce, includ- 
 ing tlie Bureau of Statistics. The duties and powers of the Chief of the Bureau of 
 Statistics are estal)lished by statute. They are very broad; but they are not inter- 
 fered with, as I understand it, by this ])ill at all. 
 
 Mr. Allison. Not in the slightes,t degree. 
 
 Mr. Spooner. Nor do I un<lerstand it to be the purpose of this amendment to inter- 
 fere with them. The duties and functions of, I suppose, every bureau transferred 
 from any department to this proposed new Department are defined by law, although 
 many of those duties, and perhaps nearly all, are discharged under the direction of 
 the particular Cabinet officer in whose department they now are. This proposed bill 
 works no change in that respect. It provides — 
 
 That nil laws prescribing the work and defining the duties of the several bureaus, ofl'uos, depart- 
 ments, or branches of the public service by this act transferred to and made a part of the Deiiartnient 
 of Commerce shall, so far as the same are iiot in conflict with the provisions of this act, remain in full 
 force and effect until otherwise jirovided by law. 
 
 It is simply a transfer of these l)ureaus from one department to another more in 
 harmony with the general purpose for which the new Department is created.^ The 
 law in relation to the Bureau of Statistics, I understand, is not changed by this pro- 
 jiosed bill, nor do I think it is proposed l)y the amendment introduced by my col- 
 league to change it. That amendment is limited to the collection of statistics. Of 
 course, there are a large number of bureaus here transferred which deal with specific 
 subjects, as the Fish Comnnssion, the Light-House Board, and the Bureau of Navi- 
 gation. A large number of bureaus are transferred with the same officers, the same 
 administration, the same functions to perform. 
 
 Now, as to the matter of statistics, my colleague, moved of course by the general 
 exi«-ession which was made here the other day in favor of a centralization of the 
 functicms of collecting and publishing statistics, has drawn this amendment relating 
 only to that jjarticular subject: 
 
 The Secretary of Commerce shall have complete control — 
 
486 LEGISLATIVE HISTORY 
 
 Perhaps that language is a httle stronger than need be, although that means only 
 adniinistrative control; J think it does not mean any more than to say that these 
 duties shall be discharged under the direction of these various officers, except in one 
 particular: 
 
 Shall have complete control of the work of gathering and distribnting statistical iiifdrmation nat- 
 urally relating to the subjects confided to his Department— 
 
 That is, to the work of gathering and distributing statistics to be obtained, as 
 pointed out by law. This power ought to ))e given to a Cabinet officer whose de- 
 partment is charged with the general duty of collecting, distributing, and jniblishing 
 statistics, because it will enable him to stop in some measure the duplication of sta- 
 tistics. 
 
 When this bill was introduced, the Geological Survey was transferred to this 
 Department of Commerce. There were some good reasons, it seemed to me, why it 
 should be transferred. If it had remained in the bill this ijowerwonld have enabled 
 the Secretary of Commerce to prevent a duplication of some investigations and re- 
 ports of a statistical nature which confessedly now, at very large expense, are being 
 duplicated. 
 
 In other words, it was stated here the other day, I think by the Senator from 
 Iowa, that under the present system at large expense statistics covering the same 
 subjects are being taken and published by different departments. It is costly and 
 it is absurd. I know it was the general purpose of this amendment to give to the 
 Secretary of Commerce control over the work of gathering and distributing statistical 
 information, to the end that he might, as far as the subjects came within his juris- 
 diction, put an end to this duplication. It only gives him general administrative 
 control, in my judgment. If it does more than that, it does too much, perhaps — 
 
 and to this end said Secretary shall have power to employ any or either of the said bureaus and to 
 rearrange such statistical work. 
 
 He can not consolidate the l)ureau; he can abolish the Imreau. Bureaus which 
 have hitherto existed under the law, transferred to this Department of Connnerce to 
 discharge the same function, are still to continue, but in the matter of statistical dis- 
 tribution he is given control, and I think for a wise purpose, and we are to assume 
 that it will be exercised for a wise purpose. 
 
 Mr. Allison. I think it will be. 
 
 Mr. Spoonek. I thought the Senator objected to that: 
 
 and to distribute or consolidate the same as may be deemed desirable in the public interest; and 
 said Secretary sliall also liiivc authority to call upon other departments of the Government for 
 
 statistical data and rcstdts obtained l>y them. 
 
 Not authority to compel theut by request to engage in an original investigation to 
 suit his ])urpose. They are not subordinated to him or to his Department in any 
 way. The Department of Agriculture collects a great deal of very valuable statistical 
 information. It can better be collected by that Department than by any other. 
 
 Mr. Allison. It is all included in the Abstract. 
 
 Mr. Spooner. I know it is all included in the Abstract, but the point is to concen- 
 trate, if possible, the collection of statistical information. Why should not tlie 
 Secretary of the Department of ('Ommerce be authorized ))y law to call upon other 
 departments for statistical information obtained ])y them? Is there anything at all 
 offensive to a department in that language? 
 
 And it is hereby made the duty of such departments to furnish such information. 
 
 That is, statistical information only. That does not put any department in any 
 way, in the discharge of their general duties and the general duties of administration, 
 under the control of this proposed Secretary of Commerce. He should have a right 
 to call on tlie de{)artments, it seems to me, and it is a correlative provision. It 
 requires them to respond to his request. We add to the duties of the departments 
 all the time. They are statutory officials. They are created l)y the law. It is not 
 any invasion of the dignity of the departments to provide that for a general public 
 purpose, as to the mere matter of statistics, the Department of Commerce shall be at 
 liberty to levy conti-ilnitions, so to speak, upon all the other dei)artments wliich col- 
 lect statistics which should be massed and published as a whole. 
 
 I fail to see, unless it be in the use of the word "comi^lete," warrant for a just crit- 
 icism of this amendment. It leaves the bureaus with the same functions. The law 
 is continued; the officials and employees are transferred to tiie new Department at 
 their present grade and salaries. The duties are the same, exce})t that when you 
 come to the mere matter of collecting statistics — the distribution of statistics — that is 
 put under the general control of the Secretary of Commerce. Does my friend think 
 that that is offensive or would be projjerly offensive to any other department? 
 
LEGISLATIVE HISTORY 487 
 
 Mr. Allisox. INIr. President, this aiuendinoiit was offered this morning, and my 
 attention liad not been calle<l to it. Tlu' ian<rnage "iiaving conqjlcte control of the 
 gatiierinij of statistics," 1 tiiink, might lead to <'mharrassm('nt. 1 know perfectly 
 well that tlu're is a gri'at deal of statistical information that is valnahle, 1 will say, to 
 the farmers of the conntry that will nnt he fonnd in an annual publication sncli as 
 this will be; and yet I am afraid that it will be considered that the Secretary of Com- 
 men'e, iiaving control of all statistics coming within the i)urview of this law, will 
 gather up a great many things that are now furnished— monthly bulletins, if you 
 plea.se, monthly eommunciation by other departments — that are of value and are 
 needed by the various industries and occupations of our country. Therefore my crit- 
 icism would apply to that as well. 
 
 I do not object to the consolidation of thelnireans. I think that])0\ver isa very wise 
 one. The census provision is a matter alxiut which I am indiffi-rent. i wislu-d to 
 have it stricken out, because I wanted the perfectt'd ])ill of the Senator to ai)pearand 
 deal with it. 1 care nothingabout that. 1 am willing to have these bureaus con.^^oli- 
 dated. I think the Secretary might very well have that power. But I do not 
 think it is a wise thing to cut off, if need bt', certain statistical information that may 
 be gathered from time to time by other departments. 
 
 iMr. Spoonek. Does this do it? 
 
 Mr. Ai.Lisox. It may do it. I am not sure that it does it, but I do not see the 
 necessity of making here an ironclad provision. It is possil)le that as a courteous 
 recjuest it would 1)e complied with by the other departments. I only made that 
 criticism l)ecau.se it seemed to me the other dejiartments would be sul)ordinate to it. 
 I should be glad if we could so finally jirovide for this new Department without too 
 far intrenching upon the duties and powers of the other departments of the Govern- 
 ment, and, therefore, in the general way proposed here for the transfer of bureaus 
 with their })resent authority and powers I agree. That is my criticism in brief. 
 
 Mr. Spooxer. The amendment reads: 
 
 That the Secretary of Commerce shall have complete control of the work of gathering and dis- 
 tributing statistical informalion naturally relating to the subjects confided to his Department. 
 
 Mr. Allison. But nearly everything is " confided to his Department. " He is to 
 have control of all the industries and all the commerce of this country, external and 
 internal. 
 
 Mr. Nelson. I will call the Senator's attention to the fact that the Secretary of 
 (^immerce will have nothing to do with the subject of agriculture. [Laughter.] 
 That is not in the bill. 
 
 Mr. Allison. I am glad the Senator has suggested that, but I had already observed 
 it accidentally. [Laughter.] I fell upon that situation myself ; and therefore I do 
 not know precisely how it occurred to the Senator. But I think it is wise for us to 
 generalize, so far as we can, in transferring bureaus. Transfer the Census, if you 
 will, although it will amount to nothing unless you devolve upon the present 
 Director some new scheme or project or plan. 
 
 Mr. Spooner. Of course, JNIr. Presi<lent, no one in the Senate is oppo.sed to this 
 bill, as I understand, but everyone here wants to perfect it as far as it can be done. 
 I understand that amendment to refer to the bureaus which are transferred by this 
 bill U) the new Department, and the Secretary of that Department ought to have con- 
 trol of his own bureaus and the matters with wdiich they deal. 
 
 Mr. (2c.\KLEs. Mr. President, I certainly feel great diffidence in discussing a ques- 
 tion which relates to legislative history, especially if such discussion M'ould make it 
 necessary for me in any way to disagree with the distinguished Senator from Iowa 
 [Mr. Allison]. I feel, however, that the Senator from Iowa has not gathered the 
 object and purpose we have in this amendment, which is not at all to interfere with 
 the gathering of these statistics. They are gathered now by several bureaus and 
 edited and ])ublished by them. The princijile of this amendment, stated briefly, is 
 simjjly this: There can l)e only one standard of truth. To say that there could be 
 more would be to l)ring reproach upon the truth and to recall the old query of Chad- 
 band, "What is truth?" The Secretary of Commerce will, under this hill, have 
 dumped into his office a vast amount of this statistical information, very mucli of it 
 amounting to a duplication. 
 
 The (piestion involved in this amendment, as I imderstand it, is whether the sev- 
 eral rejiortsof tlie several bureaus should go out to the people separately, containing 
 all these dui)lications, or whether that material so acfpiired should l)e taken by this 
 new Secretary, reviewed, edited, collated, and then sent out without duplications as 
 the very facts, final, consistent, and conclusive. 
 
 As said by the Senator from Colorado [^Ir. Teller] the other day, these several 
 bureaus do not always agree. It will be the province of the new Secretary, I sup- 
 pose, to take all this information and seiul it out to the jjeople, backed by the 
 
488 LEGISLATIVE HISTORY 
 
 authenticity that it can only have l\y such a high source of truth and veracity as a 
 department of this Government. .So that we would save money, we would not 
 reproduce the same thing, and we should secure accuracy. Those qualities lend the 
 chief value to all statistics. 
 
 The President pro tempore. The question is on the amendment offered Ijy the 
 Senator from Wisconsin [Mr. Quarles]. 
 
 Mr. CocKRELL. Let the amendment he again stated. 
 
 The President pro tempore. The amendment will be again stated. 
 
 The Secretary. In line 6, page 4 of the printed bill, strike out all after the words 
 "Statistics and" down to and including the words "United States," in line 12, and 
 insert in lieu thereof the following 
 
 The President pro tempore. The amendment follows the amendment of the Sen- 
 ator from Missouri [Mr. Cockrell], which was adopted before the Senator came in. 
 
 The Secretary. The words proposed to be inserted are as follows: 
 
 That the Secretary of Commerce shall have complete control of the work of gathering and dis- 
 tributing statistical information naturally relating to the subjects contided to his Department; and 
 to this end said Secretary shall have power to I'mjiloy any or either of the said luireaus and to rear- 
 range such statisti<'al work anil to distrilinte or consolidate the same as may ]iv <leemed desiralile in 
 the p\il>lic interest; and said Secretary sliall also liave authority to call U|ion other dc]iartments of 
 the (iovernmcnt for statistical data and results obtained by them, and it is hereby madi' the (luty 
 of such deiiartmenls to furnisli such luf<irmati(iu when so reijuested; and said Secretary of Commerce 
 may collate, arrange, and publish such statistical information so obtained in such manner as to him 
 may seem wise. 
 
 Mr. Pettus. Mr. President, so as to raise the question directly, I move to strike 
 out the words "and it is hereby made the duty of such departments to furnish such 
 information when so requested" — the whole of that sentence. That is the exact 
 objection of the Senator from Iowa [Mr. Allison], and I move to amend by striking 
 out those words. 
 
 Mr. Galijnger. How will it then read? 
 
 The President pro tempore. The amendment of the Senator from Alabama to the 
 amendment will be stated. 
 
 The Secretary. It is proposed to amend the amendment, after the words ' ' obtained 
 by them," by striking out "and it is hereby made the duty of such departments to 
 furnish such information when so requested," 
 
 The President pro tempore. The question is on the amendment of the Senator 
 from Alabama [Mr. Pettus] to the amendment of the Senator from Wisconsin [INIr. 
 Quarles] . 
 
 The amendment to the amendment was agreed to. 
 
 The President pro tempore. The question now is on the amendment of the Senator 
 from Wisconsin as amended. 
 
 Mr. Cockrell. Now let the whole clause be read together as amended. 
 
 The President pro tempore. It will again be read, including the amendments to 
 the amendment which have been adopted. 
 
 Mr. CocKRELii. Yes; the amendments already agreed to from the beginning of the 
 sentence "That the Bureau of Foreign Commerce," etc. 
 
 The Secretary. Beginning in line 23, on page 3, section 4, of the bill, after the 
 word "Commerce," if amended as proposed, it will read: 
 
 That the Bureau of Foreign Commerce, now in the Department of State, be, and the same hereby 
 is, transferred to the Department of Commerce and consolidated with and made a part of the Bureau 
 of Statistics, hereinbefore transferred from the Dei.artment of the Treasury to the Department of 
 Commerce. And the two sliall constitute one bureau, to be called the Bureau of Statistics, with a 
 chief of the Bureau an<l oiu' assistant. That the Secretary of ('ommeree shall have con\]ileti' control 
 of the work of gatlu'ring and distributingstatistical information naturally relating to the subjects 
 contided to his I ic]iartnicnt; and to this end said Secretary shall have jiowcr to eniiiloy any or either 
 of the said bureaus ami to rearrange such statistical work', and to distrilaite or consolidate" the same, 
 as may be deemed <lesirable in the pul.ilic interest; and said Secretary shall also have authority to call 
 upon other Departments of tht' (iovernmcnt for statistical data and results obtaincMl by tliom; and 
 .sai<l Secretary of Commerce may collate, arrange, and publish such statistical informatioi'i so obtained 
 in such manner as to him may seem wise. 
 
 Mr. Cockrell. Mr. President, I desire to call attention to the part of the amend- 
 ment which reads, "said Secretary shall have power to employ any or either of the 
 said bureaus." If that language refers to the two bureaus which have l)een consoli- 
 dated in the sentence before, it is incoi-rect; if it refers to all the bureaus which 
 have been placed under it, probably it would not be incorrect. What was the inten- 
 tion of the Senator from Wisconsin? 
 
 Mr. Quarles. The intention of the amendment was to include all the bureaus 
 covered into this new Department. 
 
 Mr. Cockrell. And not to refer to the two bureaus that were Ijrought in from the 
 State Department and from the Treasury Department and consolidated into one? 
 
 Mr. Quarles. I suppose the object wa.- to give the Secretary control of the manner 
 in which this work should be done and how the statistics should be arranged. 
 
LEGISLATIVE HISTORY 489 
 
 Mr. CocKRELL. Wo do not Avaiit t\vol)uroiui8 in one, with two chiefs, one an assist- 
 ant to tlie other. That was exjiressly disowned and disavowed in tlie discussion. 
 I <lo not want any lanjjfnaire used here that may he interpri'ted in that way. The 
 ainenihnent reads: 
 
 And to this end siiid .Secretary .shall have power to employ any or cither of the said Itureaus and to 
 rearrange such statistical work and to distribute or consolidate the same. 
 
 The question is whetlier we ouo;ht to <jive tiie Secretiiry j)ower to con.soii(hite 
 hureaus. 
 
 Mr. Qr.VRLES. No; that is merely to consolidate the statistieal work. It does not 
 reach the Imreaus. I selected that word "work" so as to leave the hureaus to their 
 ordinary functions. 
 
 Mr. t'ocKKELi,. Then am 1 to understand that the words "to distrilmte and con- 
 solidate the same as may be deemed desirable in the public interest" refer only to 
 tiie work and not to the Bureau? 
 
 I\Ir. C^iiAKi.KS. Yes, sir; that was my intention. 
 
 Mr. Spoonek. I think since the Senator from IVIissouri [Mr. Cockrell] has called 
 attention to the amendment it might be improved by a further amendment. Suj)- 
 pose we say "the bureaus in this act transferred to the said Department," so that the 
 head of it, in jjathering a certain line of statistics, could employ the proper bureau. 
 It woidd simply give him general authority in that respect. 
 
 Mr. Cockrell. I think it does that now. The amendment reads: 
 
 To this end said Secretary shall have power to employ any or either of the said hnreans and to 
 rearrange such statistical work and to distribute or consolidate the same. 
 
 If that refers to the work, it is all right about distributing and consolidating; but 
 if it refers to the bureaus, I do not think any Secretary ought to have such power. 
 
 Mr. For.\ker. I supposed the great purpose of this amendment was to consolidate 
 the bureaus, to have only one Bureau of Statistics. 
 
 Mr. Qu.\rles. That has already been done. 
 
 Mr. FoR.VKER. I do not understand that it has been done. I understand the Sena- 
 tor from jNIissouri does not want the l)ureaus consolidated; he does not want the 
 Secretary to have the power to consolidate. 
 
 Mr. Cockrell. No. The amendment I have offered made it absolutely conclusive 
 that it was to be one bureau, with one chief and one assistant — not two chiefs, one an 
 assistant to the other. 
 
 Mr. FoRAKER. I should be glad to have that distinctly l)rought out, because I 
 "think we ought to have only one Bureau of Statistics and have the consolidation of 
 all into one. We ought to have a consolidation of the work, and it ought, of course, 
 to be under the direction of the Secretary at the head of that Department. 
 
 Mr. Cockrell. If this interpretation is correct, then the Secretary will have no 
 authority to con.solidate two bureaus. 
 
 Mr. Aldricii. It is very evident that this is a very comprehensive amendment to 
 a very imjjortant bill, and it is somewhat complicated, I judge, from the remarks 
 made by Senators around me. I will suggest, therefore, that this amendment be 
 printed — I think it has not been printed in the form in which the mover desires to 
 liave it presented — and that its further consideration be i>ost])oned until to-morrow. 
 
 Mr. FoRAKER. May I make a further suggestion, that the bill, with all the amend- 
 ments which have been adopted, be also printed? 
 
 Mr. Aldrich. Yes. 
 
 Mr. Cockrell. It ought to be printed as it has been amended, so that we can see 
 what it ]iroposes to do. 
 
 The President pro tempore. Tlie Senator from Rhode Island [Mr. Aldrich] asks 
 unanimous consent that there be a reprint of the bill, with all the amendments 
 adopted to the pre.sent time. 
 
 Mr. Nelson. And also that the pending amendment be printed. 
 
 The President pro temj)ore. And that thi; ])ending amendment lie jirinted. Is 
 there objection to the request? The Chair hears none, and that order is made. 
 
 Mr. Pettus. Mr. President, I want to go along with tlu^ other amendments — I 
 move to strike out the Department of Lal)or from this bill. 
 
 The President pro tempore. The amendment proposed by the Senator from Ala- 
 bama will be stated. 
 
 The Secretary. On page 3, section 4, line 19, after the word " that," it is proposed 
 to strike out "the Department of Labor and." 
 
 Mr. Cullom. If the bill is disposed of for tlu' present, I move that the Senate pro- 
 ceed to the consideration of executive business. 
 
 Mr. Teller. Have the words just read I)een stricken out? 
 
490 LEGISLATIVE HISTORY 
 
 The President pro tempore. Does the Senator from Illinois withdraw his motion 
 for the present? 
 
 Mr. CuLLOM. I withdraw it for the present. 
 
 The President pro tempore. The Chair will state, in reply to the Senator from 
 Colorado [Mr. Teller], that the amendment referred to has not been adopted. It is 
 pending. 
 
 The debate in the Senate was again taken up on January 23, 1902 : 
 
 Mr. Nelson'. I ask unanimous consent that the Senate proceed to the considera- 
 tion of the bill (S. 569) to establish the Department of Commerce and that it be con- 
 sidered without the limitation of the five-minute rule. 
 
 The President pro tempore. The Senator from Minnesota asks unanimous consent 
 that the Senate proceed to the consideration of the bill known as %he Department of 
 Commerce bill, and that the five-minute limitation of deljate be removed. Is there 
 objection? The Chair hears none. 
 
 The Senate, as in Committee of the Whole, resumed the consideration of the bill 
 (S. 569) to establish the Department of Commerce. 
 
 The President ]tro tempore. The pending question is on the amendment offered 
 by the Senator from Wisconsin [Mr. Quarles]. 
 
 Mr. Platt, of Connecticut. What is that amendment? 
 
 The President pro tempore. The amendment will be stated. 
 
 The Secretary. In line 6, on page 4, of the printed bill, strike out all after the 
 words "Statistics and" down to and including the words "United States," in line 
 12, and insert in lieu thereof the following: 
 
 That the Secretary of Commerce shall have complete control of the work of gatherlnp: and dlstribut- 
 iiiji' statistical iiiforinatioii naturally relating to the subjects cnntidcd t<i his l»e]iartnicnt; and to this 
 end sai<t Secretary sliall liavt' jiowcr to eia|il<iy any or cither of the said tiiu'eaus and to rearrange 
 stich statistical woric and to distriljute or consolidate the same as may lie deemed desirable in the 
 public intcrt'st: and said Sccri-tary shall also have authority to call uiion other Uejiartmcnts of the 
 Government for statistical data and results obtained liy them; and said Secretary of Commerce may 
 collate, arrange, an<l juiblish such statistical information so obtained in such manner as to liim may 
 .seem wise. 
 
 Mr. Nelson. Owing to the adoption of the amendment of the Senator from Mis- 
 souri [Mr. Cockrell], by which the phraseology has been changed, the amendment 
 would properly come in after the words "assistant and," in line 7, on page 4, of the 
 last print of the bill. It is intended to take the place of the words in brackets, which 
 are proposed to be stricken out. I move to amend the amendment so that it will 
 come in at the place I have indicated. 
 
 Mr. Hale. The amendment 
 
 Mr. Nelson. I want to say to the Senator from Maine that the pending amend- 
 ment was offered yesterday before the amendment of the Senator from Missouri, in 
 italics, on page 4, was adopted. Has the Senat(jr got that print of the bill? 
 
 Mr. Hale. I suppose I have it. 
 
 The President pro tempore. The Chair calls the attention of the Senator from 
 Mame [Mr. Hale], if he has risen to this amendment, to the fact that the i^rinter 
 midoubtedly made a mistake and included in the words to be stricken out the word 
 "and" in line 7. The word "and" should not have been stricken out, but should 
 stand there, and the Senator from Minnesota suggests that this proposed amendment 
 follow the word "and." 
 
 Mr. Hale. In line 7? 
 
 The President pro tempore. In line 7. 
 
 Mr. Hale. What has become of the words and lines that are inclosed in brackets 
 on page 4? 
 
 Mr. Nelson. The amendment of the Senator from Wisconsin [Mr. Quarles], whicli 
 is the jjending amendment, is not additional to that, but is to be s'lbstituted for the 
 words in brackets. 
 
 Mr. Hale. That puts it in the right parliamentary attitude. 
 
 Mr. Nelson. Yes. 
 
 Mr. Hale. Afterwards the Senator proposed the restoration of the Census Bureau 
 to this bill by a vote in the Senate on the proposition to strike it out, as I understand. 
 
 Mr. Quarles. Yes; or l)y a motion to reconsider the vote by which the amend- 
 ment was adopted. 
 
 Mr. Hale. Supposing that is not done; supposing that the Senate adheres to its 
 previous vote to strike out the Census Bureau from the provisions of this bill; would 
 the amendment the Senator is now urging apply? 
 
 Mr. Quarles. I think it a very valuable addition to the bill, even though the 
 Census were to remain out of the new Department; although, as I stated yesterday, 
 
LEGISLATIVE HISTORY 491 
 
 my nbjoct was inimarily to liave tho (Vmisiis Bureau restored to the Department of 
 ('ommeree. Tlieii tliis jri'iieral supervisiii-j: i)()\ver will he extended over it; hut I 
 think it a very vahialiie provision even if the ('ensus he stricken out. 
 
 Mr. IIai.k. Tiiat is, there will heenonirli left in the hill to make the provision val- 
 uable, even if the Census I'ureau is not in it? 
 
 Mr. (.^lAKi.Ks. Yes. 
 
 ■Mr. IIalk. Thou<i;h it would not l)e nearly as nuu'h so as if the Census Bureau 
 were left in? 
 
 Mr. C^iAHLEs. I think the Senator is right. 
 
 The I'RKsiDEXT pro temj)ore. Does the Senator from Wisconsin [Mr. (iuarles] 
 aeiH'pt the suggestion of the Senator from Minnesota [Mr. Nelson] that this amend- 
 ment come in after the word ";ind," in line Ton page 4, section -J? 
 
 Mr. (.^lAKLKs. tVrtaiidy, Mr. President. I think that is riglit. 
 
 The I'hksidknt ])ro tempore. The (juestion is on the adoption of the amendment. 
 
 Till' amendment was agreed to. 
 
 Mr. l*Krns. Mr. Pri'sideiit, in reference to this liill, the great leader from Iowa 
 [Mr. Allison] gave us notice yestenhiy that we ought to proceed with caution. Tiie 
 ameiKhnent which 1 have offered is to strike out, in line 18 on page 3, section 4, of 
 the hill the words "the Dei)artment of Labor." 
 
 The Dei>artment of Labor, according to the testimony of Senators who have been 
 here a long time and who are perfectly familiar with the workings of tlie depart- 
 ments and bureaus, has done and is now doing a great work. 1 am not very familiar 
 with the workings of that department, but acconbng to my information it is a very 
 useful deiiartUK'nl of the <iovernment, and lias already contriliuted very largely to 
 the work for which it was designed. It is in a very fortunate situation if the law is 
 allowed to stand as it is. It is not an executive department, but it is simply a depart- 
 ment under the general administrative control of the President. It is not directly 
 under the control of any executive department at this time, and, accordingto my 
 l)est thought about it, it ought not to be. 
 
 The Department of Lal)or was organized at the earnest solicitation of those who 
 are principally interested in it. We know that that is a very extensive element in 
 this country, and it ought to be treated with the consideration which it deserves. 
 Besides that, Mr. President, legislators are bound to respect even the prejudices of a 
 whole community of ]K'ople; they are bound to respect them even if they are simply 
 prejudices; and one of the great ]irejudices which exists in this country is against 
 putting labor under the control of capital. 
 
 It seems that in many respects what I call prejudice may be something that is well 
 founded. It may be that it has gone to great excesses; but this Department of Labor 
 has l)een one of the favorite ideas with a large part of the people of this country for 
 many years. I suggest that, as we are creating a new department, a department of 
 commerce — it miglit just as well have been called a department of trade — it would be 
 well enough, in fact the best thing that could be done, to leave the Department of 
 Labor to its well working as it is. , 
 
 Mr. Nelson. Mr. President, without going into any extended discussion on the 
 subject-matter of this amendment, I desire to say that there are one or two funda- 
 mental reasons and grounds which actuated the Committee on Commerce to attach 
 the Department of Labor to the Department of Commerce. First, we believe that 
 for the ])roi)er and due aihiiinistration of government every bureau of the public 
 service, as far as ]iossible, should be attached to a responsilile executive department — 
 an executive department whose head is one of the President's advisers and who is in 
 touch with the executive department of the Government. We do not intend by 
 this amendment to reflect in the least upon the character of the i)resent head of the 
 Department of Labor. lie is a very alile man, but he will not always be with us. 
 
 We are liable to have men in the future not so able and so good as he is, and it is 
 altogether safer for the publi(- service to have a division or a bureau of this kind 
 under some responsible executive department. As it is now, we have this and one 
 or two other cases where we liave independent bureaus or divisions. No matter 
 whether you call tlieni departments or not, they are really bureaus, because they 
 are not executive departments. They occupy a sort of irrespousilile position; they 
 are a law unto themselves; they are governed ])y Congressional legislation, like other 
 departments, but they are in no direct touch with the lieail of an executive depart- 
 ment of this great (iovi'rnment. They are outside of any department, and the com- 
 mittee felt that for tlu^ good and due administration of business we ought to have 
 every bureau and division in the jmlilic service attached to one of the great depart- 
 ments of the ( iovernment. 
 
 'J'liere is another view of the case, and that, speaking for myself, I regard as the 
 most important. The laboring men of this country — and 1 think I am as good a 
 friend to the laboring men as an vhodv; I have been a sort of laboring; man all mv 
 
492 LEGISLATIVE HISTORY 
 
 life — are interested in a great many other subjects besides the mere question of labor. 
 They are interested in the commercial and industrial life and development of this 
 country. There is no class of people more interested in the manufacturing industries 
 of this country; in the inland and the foreign commerce of this country; in the 
 mining and fishery industries of this country. 
 
 Now, by putting the Bureau of Labor into this great Department of Commerce 
 you enaVjle that Department to articulate and work in harmony with all the other 
 industrial enteri^rises of the country. The laboring men and their department are 
 as vitally interested as any class of our people can be in the progress of our manu- 
 facturing industries and in all that pertains to our industrial life. Occupying an iso- 
 lated position, as they do, they are necessarily confined to the one subject of the 
 labor question and the laws relating to that sul)ject, but when they become a part 
 of a great department of commerce and industries they indirectly have a voice and 
 have something to say on all those other great and important and vital questions in 
 which they are interested. 
 
 Now, I desire to say another thing. I believe the best way to treat the Senate is 
 as a good Methodist brother would treat his fellow-associates in camp meeting, and 
 that is to tell the honest truth. In respect to this opposition from the laboring men, 
 which some think is so serious, I want to say to Senators that this bill, substantially 
 in its present form, was reported in the early part of the last session of Congress. It 
 was on the Calendar, and was known all over the country, and it was well known 
 throughout the country that it proposed to attach the Department of Labor to the 
 great Department of Commerce. No protests, no objections came to me, nor, so far 
 as I know, to any other member of the committee. 
 
 The first ])rotest I had was from an othcer connected with that department, who came 
 up here one day in the latter part of the session and called on me. He said there 
 were a great many objections among the laboring men to this plan of attaching the 
 Department of Labor to the Department of Commerce. I told him I had not heard 
 of a protest, nor, as far as I knew, had any other member of our committee. It is 
 my honest opinion — and I do not want to do anybody an injustice — that whatever 
 opposition has come from labor sources has to a large extent been inspired from the 
 inside of the Department of Labor. I do not say it is so absolutely, but from what 
 little I know and from my acquaintance with the subject I am led to that conclusion. 
 
 Now, while I am talking on that subject, I may say that we have another inde- 
 pendent bureau here, called the United States Fish Commission. It is always the 
 case with these independent concerns that they love to be in the air, outside the con- 
 trol of any great executive department. They love to be in such condition that they 
 have, as you might say, nobody to look to. I found in the case of the Fish Commis- 
 sion that men in the scientific force of the Commission had been sending out letters 
 and telegrams over the country to their friends, calling their attention to the fact that 
 the scientific work in the Fish Commission could not be well performed if the Com- 
 mission were attached to the Department of Commerce. 
 
 I desire to state that it is not the purpose of this bill to change the work or the 
 scope of the work of any of these bureaus, either of the Fish Commission or of the 
 Department of Labor. We simply believe that the laboring men are not only inter- 
 ested in the work of the Bureau of Labor, but that they are interested in all that 
 pertains to a department of commerce and industries, in all that pertains to a depart- 
 ment which is intended to help our commercial, our manufacturing, our mining, and 
 our fishery industries, and that l)y working in harmony and as a part of this great 
 department of industries they can do more justice to their own work and will be in 
 better shape to reach out and do some good in reference to these other branches 
 committed to the Department of Commerce. 
 
 The committee never intended by the transfer of either the Department of Labor 
 or the Fish Commission to the Department of Commerce to reflect in the slightest on 
 the management of those Bureaus or divisions of the public service. We simply felt 
 that it was far better to have every one of these great bureaus and departments 
 attached to an executive department which was not only in touch with Congress, 
 but directly in touch with the head of the executive department of this Government. 
 
 I am unwilling to take up any further time of the Senate. I have stated the facts 
 in this case as they seem to me and as they appear to the committee, and I think it 
 would be a great mistake and a great injustice to leave the Department of Lal^or out- 
 side by itself independent of any executive department. 
 
 Mr. Bacon. Mr. President, I listened quite carefully to the remarks of the dis- 
 tinguished Senator from Minnesota [Mr. Nelson], and he presents his case very 
 clearly. At the same time 1 think there are reasons why it would be better that 
 this dejiartment should be permitted to remain as it is. If it were an original prop- 
 osition for the creation of the Department of I^abor, and the (juestion wen> whether 
 it should be allowed to be an independent department or whether it sliould be ere- 
 
LEGISLATIVE HISTORY 493 
 
 ated as a hurt'au in tlu* Dcpai'tiuciit of (.'oiiiini'icc, the sufi^cstions of llu' Senator from 
 Minnesota would certaiiiiy be (|iiite cojient. I'>ut we have an existinj^ Department of 
 Labor, the work of which is criticisecl by no one. On the contrary, it is com- 
 mended in the hijihest dejrree, and nol)ody takes exception to tiie commendation 
 bestoweil upon it. 
 
 Now, let me read, Mr. I'resident, wliat was said yesterday in the Senate by the 
 Senator fnmi New Hampshire [Mr. (iallinger], the present occupant of the chair, 
 in rcsi)on,se to an incjuiry made by me as to the character of the work now done by 
 the departmi-nt in its present situation, a situation indeixMident of any connection 
 with any of the jjreat executive departments, as we generally term them. I read 
 from yesterday's Record, and in order that the reply made by the Senator from 
 New Hampshire may be correctly understood, 1 will read the inquiry propounded 
 by myself which elicited that rei)ly. The incpiiry I addressed to the Senator from 
 New Hampshire while he was upon the floor and by his courtesy was this: 
 
 Mr. l{A<oN. My iiuiiiiry is, whether, in tlie iiractical operation of the prc.sent Department of Labor, 
 tluTe lias (h'veloped any snch inetliciency as rei|uires tliat its status shall be changed and that it sliall 
 be put under one of the fjreat Kxecutive Departments. 
 
 To which the Senator from New Hampshire replied as follows: 
 
 Mr. (;.\LIJNGER. Well. Mr, J'resident, I think wc will all agree that no man ha.s been rash enough 
 to a.s.sert here or elsewhere that the Department of Labor as at present constituted has not done 
 magnificent work or that it is subject to any criticism whatever; and yet it is an independent 
 department under the law to-day. The committee thought it was wise to include it in this new 
 Department. That is all. It may not be wise to do .so, but the committee thinks it is. The Senate 
 may think otherwise, and of course the committee will yield to the judtrnunt of the Senate, 
 
 I could not, Mr, President, if 1 tried, utter words of too great jiraist' for the distinguished statistician 
 who is at the head of the iire.sent Department of Labor. Ilis work is licyond praise; it has com- 
 mended itself to all classes of our people; and I have never heard a word uttered by any man in pub- 
 lie life in criticism of the administration of that Department. 
 
 Mr. Nelson. Will the Senator allow me a brief interrui^tion? 
 
 Mr. B.\coN. Certainly. 
 
 Mr. Nelson. I shall take up his time but for a moment. 
 
 Mr. Bacon. I yield with much pleasure. 
 
 Mr. Nelson. I expressly stated a moment ago that neither the committee nor I 
 intended this as the least bit of criticism or reflection upon the Department. That 
 was not our purpose at all. In the next j^lace I called attention to the fact, and 
 1 ask the Senator to l>ear it in mind, that we do not attempt by this bill to dis- 
 turl) the functions and the work of the Bureau of Lalior. It is neither a reflection 
 upon the management nor a purpo.se to revolutionize the work. 
 
 Mr. Bacon. I am sure nobody misunderstood the honorable Senator from Minne- 
 sota. I did not, and I did not intend by anything I said to indicate in the least that 
 there was any purj^ose or expression by him otherwise than that which he has 
 now stated to the Senate. 
 
 The statement of the Senator is m effect a corroboration of that which was stated 
 liy the Senator from New Hampshire, and which I have just read, and it adds to the 
 force of it. I do not intend in the slightest degree to indicate that the Senator from 
 Minnesota intends by this to cast any reflection upon the Department of Labor as 
 now constituted or uj)on its work. On the contrary, I take what he says as evidence 
 to the contrary and as a reason why the present status should be allowed to remain 
 undisturbed. If a change is to l)e made, there should l)e some reason indicated 
 which would suggest that there would be an improvement in the service, that some 
 good end would I)e accomplished. If no good is to be accomplished, if no improve- 
 ment is to ))e secured, then the i)ossibility that the contrary may result should be 
 carefully considered by tlie Senate. 
 
 The creation of a new and independent Department other than the great Executive 
 Departments is not a new proposition, ^Ir. President. The Department of Agricul- 
 ture was an indef>endent department. It was created in the year 1862 and remained 
 for more than twenty years, before it became one of the Executive Departments, an 
 indepi'ndent department of the (iovernment under the control of the Commissioner 
 of Agriculture, who was re(|uired to rei)ort directly to Congre,ss. It is a mistake, as 
 suggested l)y the Senator from Minnesota, that these Departments are left without 
 lontrol and without the iluty to report to any superior. The Agrictdtm-al Depart- 
 ment, for twenty-odd years an independent department, presided over by a ('om- 
 missioner, reported directly to Congress and not to any of the Kxecutive Depart- 
 ments, and as to the Bureau of Labor, the original act, I think, was passed seventeen 
 years ago, although the ])re.sent one was i)assed thirteen years ago. Theoriginal act, 
 if I recollect correctly, of which the act I now hold in my hand was amendatory, 
 was three or four years before that. 
 
 Mr. Alllson. The original act was ])assed in 1884. 
 
494 LEGISLATIVE HISTORY 
 
 Mr. Bacon. The Senator from Iowa statea it according to my recollection, and I 
 am obliged to him for the detinite information. It was passed in 1884, and nnder 
 the act of 1888 the work of the Department was very much enlarged and its present 
 status was created. 
 
 Mr. Allison. It was established in 1884 as a part of the Interior Department and 
 made independent in 1888. 
 
 Mr. Bacon. I am glad the Senator has called attention to that fact, l)ecause it, too, 
 emphasizes the fact that this is not an exceptional matter and is not an accidental 
 matter. Here was a department which was originally a part of the Interior Depart- 
 ment, and which Congress in its wisdom thought best to establish as an independent 
 de]>artment in 1888. Therefore the act of 1888 Avas enacted, and since that time it has 
 been an independent department, reporting directly to the President and to Congress, 
 and doing not simply good work, but doing what the Senator from New Hamiishire 
 terms here perfect work, beyond all criticism, entitled to all praise. The Senator 
 from Minnesota himself corroborates it and stands by it. 
 
 There is the old Latin maxim — quieta non movere. When a thing established is 
 moving satisfactorily do not change it, if I may use so liberal a translation or con- 
 struction of it. It is one of many of a similar kind that may be given to it. Why 
 experiment with that which is now in a satisfactory condition? 
 
 This is not an ornamental deiiartment by any means. It is one doing a great work. 
 It is one doing a work which concerns a vast multitude of the people of this country — • 
 a multitude of peoi^le who are not in a position always to represent tiieir interests in 
 the most effective manner. It rej^resents a vast multitude of peoi)le interested in a 
 business which touclies all the great industries of this country, a vast multitude of 
 people engaged in that which concerns the great capital of the country, a vast multi- 
 tude of people whose relations with the capital and the industries of the country are 
 most important — relations the importance of which can not be overestimated; relations 
 the importance of which is to- day challenging the consideration of the best minds in 
 this land and of those most largely interested in these great enterprises, some of whom 
 are members of the Senate and who have indicated their interest in the matter by the 
 work which they have been doing and are now doing. 
 
 Mr. President, if there were no other reason than the fact that after this Department 
 has once been a subordinate bureau of a great executive department, the United 
 States Government thought it of sutticient importance to take it out and make it an 
 independent department, and that it has remained so for thirteen years, and stands 
 to-day beyond the criticism of anyone in this Chamber, and that nobody challenges 
 the high eulogium pronounced upon it — I say that if there Avere no other reason it 
 ought to be sufficient to control us — that after such an experience and with such a 
 condition to make a change would to a certain degree belittle it, and that we ought 
 not to belittle it, whether there is anything practical in it or not. If it is a mere 
 sentiment, that sentiment ought to be regarde<l, concerning as it does so large a 
 constituency. 
 
 I said this was not an ornamental bureau. I want to read to the Senate the law 
 prescribing the duties of this Department. I do so in connection with the repetition 
 of the statement already several times made that it has been'an independent depart- 
 ment after having been so created out of what was before a dependent dejiartment. 
 The first section creates the Dej^artment and jirovides for the appointment of its 
 Commissioner. Sections provides-for the staff — tlie number of employees. Section 
 7 is one of the sections in which there are enumerated the duties of the Commissioner 
 and the work which shall be done by the Department. 
 
 That the Commissioner of Ijubor, in iiccordance with tliu Kcnenil design and duties referred to in 
 section 1 of this act, is specially cliargcd to ascerlain, at as early a date as jiossihle ami whenever 
 industrial changes sliall make it (■sseiitial, the cost of iiroilucing artich'sat the time dutiable in the 
 United States, in leading countries where such articles are iiroduced, liy fidly specilied units of pro- 
 duction and under a classilication showing the dilTerent elements of cost, or approximate cost, of such 
 articles of production, iucluihug thi' wages jiaid in such industries per (hiy, week, month, or year, or 
 by the piece; the hours employed per day; and the prolits of the manufacturers and producers of 
 such artick^s; and the eoniiiaiative cost of living and the kind of living. 
 
 It shall be the duty oi the Commissioner also to ascertain and report as to the eflfect of the customs 
 laws, and the effect thereon of the state of the currency, in the Tnited States, on the agricultural 
 industry, especially as to its elVect on mortgage indebtedness of farmers, and what articles are con- 
 trolled "by trusts or other combinations of capital, business operations, or labor, and what ell'eet said 
 trusts or otht'r combinations of capital, btisiuess operations, or lalior have on production and prices. 
 He shall also establish a system of reports by which at intervals of not less than two years he can 
 report tlie general condition, so far as prodin-tion is eoiu'erned, of the leading industries of the 
 country. The Commissioner of Labor is also specially ehargid to invi'stigate the causes of and facts 
 relating to all controwrsii's and disputi's between c'Uiployers and laiiiiloyees .as they may occur, and 
 which may tend to interfere with the welfare of tlie people of the dilferent Stales, anil report thereon 
 to Ccmgre.ss. The Commissioner of Labor shall also obtain such information upon the various sub- 
 jects committed to him as he may deem di^sirable from dilTerent foreign nations, and what, if any, 
 convict-made goods arc imported into this country, an<i if so, from whence. 
 
 Sec. 8. That tlie Commissioner of Labor shall annually make a report in writing to the President 
 and Congress of the information collected and collated by him, and containing such recommenda- 
 
LEGISLATIVE HISTORY 495 
 
 lions iix ho may (ItH'in caliiilntt'd to iimiiKitc tlic clliciciuy of tlic Hopurlinciit. He is also iiutlior- 
 i/A'il loiiial<o siH'cial ici>orls on varlicnlar sniijt'cts wlu'UoviT miuired to do so l.y (lie I'rcsidi'nt or 
 fitluT Honso of ConKress, or wiuMi lie shall tliink tlu' sulijcct in his cliarKf rocimrrs il. IIi' shall, on 
 or iK'foro llu- IMli dav of DfccnilKT in each year, iniiki- a report in detail to Congress of all inoney.s 
 expended uinler his direction dnrinK the [ireeedinK' liseal year. , , , 
 
 SEf. '.». That all laws anil i>arts of laws relatiuf? to the Bureau ot Lat)or ereated under the net of 
 Congress api)roved .lune JT, IsM — 
 
 Tho act to wliich tlu' Sfiiatnr fi-om Iowa calk-il niy attention — 
 
 so far as the .same are applicable and not in conflict with this act, and only «> far, arc contiinicd in 
 full force and elTect, and tlie Commissioner of Labor appointed under said act. 
 
 The rest of it in directory as to some of th(^ work, etc. 
 
 Now, Mr. President, suppose it l)e possible that the change may work to disad- 
 vanta«re. Is not even the fact of the i)ossil)ility enough to give us pause in the matter, 
 liecause we stanil in the face of wiiat is conceded by all to bi' a juTfect machine, a 
 l)erfect working machine, one doing most important work, and, as mentioned by the 
 Senator from New Hampshire, work beyond all praise in its etticieiicy? 
 
 Now, the Senator from Miiniesota made one suggestion to which 1 think it is 
 ]>roper to allude, not for the puri>ose of criticizing it, l)ut for the purpose of seeing 
 whether or not a conclusion may not l)e legitimately drawn. The Senator says he 
 thinks t lie oi)position to the transfer of the Department of Labor comes from the inside 
 of the I>epartment of Lal)or. If so, there must be some reason for it. Here is a 
 nejiartment which has all praise. Here is an officer who has accomplished a great 
 work, an officer now in charge of it, an officer intended to be contimied in charge of 
 it. He must have some good reason if he thinks it will work ill to have the Depart- 
 ment i)ut into the Department of Commerce or any other department. He must 
 from the experience which he lias 
 
 Mr. Lodge. May I ask the Senator from Georgia a question? 
 
 Mr. Bacon. Certainly. 
 
 Mr. Lodge. Do I understand him to say that the Commissioner of the Department 
 of Lal)or, Colonel Wright, is ojiposed to this change? 
 
 Mr. P..\io.x. I do n<^t say so; but I say the Senator from INIinnesota, in his presen- 
 tation of the reasons why tliis Dei>artnient sliould be imt under the Department of 
 Commerce, said he was satisfied that the opposition to the inclusion of it in the 
 Department of Commerce came from tlu' Department of Labor. 
 
 Mr. Lodge. Yes; l)ut I do not understand he said it came from the Commissioner. 
 
 Mr. Bacon. Well, I do not say so. I do not say it comes from anylxxly. I am 
 simply repeating 
 
 INIr.' Lodge. 1 merely want to say in this connection, if the Senator will allow me, 
 that the Connnissioner of the Department of Labor comes from my State. He is an 
 old personal friend of mine. He lives in my neighborhood in the State. He lives 
 in the district which I formerly represented in the House. I have known him 
 manv vears. Nobody has a higher opinion of him than I havd, and if he is opposed 
 to giving the Departiiient of Labor' Cabinet representation, then I very much misun- 
 derstan<l his attitude. 
 
 Mr. Bacon. I will ask the Senator this question. I have no information whatever 
 on the sul)ject, and I am simply repeating what the Senator from iMinnesota said. 
 I never heard any sugge.«tion except that made by the Senator from IVIinnesota. It 
 woidd go a long ways with me 
 
 Mr. Lodge. I did" not understand that the Senator from Minnesota meant to imply 
 that the Commissioner is opposing it. 
 
 Mr. Nelson. 1 did not. I did not say the Commissioner was, but I said whatever 
 opposition had l)een worked up against thisamongthe laboring interests was inspired 
 from the inside of the I)epartment, and I think there are Senators on the floor who 
 can l)ear witness to the fact that the lal)or interests of this country as a whole are 
 not opi)o.«e<l to this transfer. 
 
 Mr. Bacon. What I was saying, and to which I should like to have the attention 
 of the Senator from ^his.«achusetts, is this: Is he prepared to state that this distin- 
 guished and efficient officer favors this measure? It would go a long ways with me 
 toward dissipatini,' whatever ol)jection I might have to it. 
 
 Mr. Loi)(;e. I have had in the past a great many letters from labor organizations 
 urging the creation of a department, so as to give to the interests of labor as well as 
 to tl)e interests of commerce and industries Cabinet representation. Tiiat could 
 oidy J)e done, of course, ])y imtting the Department of Labor into an executive 
 department. It was not sufiiciently large to make an executive dei)artment by 
 itsielf. Therefore it was joined, as I understood, with other subjects. That was my 
 understanding of the bill. I have not this winter talked with Colonel Wright abotit 
 it, but 1 have certainly tmderstood in the jiast that he favored that scheme. If he 
 does not, it is very strange that he should have concealed it from me, because he has 
 
496 LEGISLATIVE HISTOEY 
 
 usually talked with me with great freedom about any matters liefore the vSenate 
 affecting his Department. I certainly understood he was friendly to it. 
 
 Mr. Bacon. I should like to ask the Senator this question: Has it not been his 
 understanding that Mr. Wright desired the Department of Lal)or to be elevated to 
 the rank of an executive dei^artment, which would entitle it to an officer commonly 
 called a Cabinet officer, although there is no such officer known by such title to the 
 statute law? Is not that the fact? Or is it true that the Senator has ever had from 
 that officer any ex]>ression which would indicate that he desired it attached to some 
 other department in order, through the executive officer of that department, that his 
 Bureau should have Cabinet representation? 
 
 Mr. Lodge. I understood that he favored having the Department of La1)or in an 
 executive dei^artment with Cabinet representation. Of course he realizes, as every- 
 body nuist realize, that his Department alone would not be sufficient to constitute a 
 Cabinet department; that it must l)e united with other cognate matters. My very 
 strong impression has been that he has favored for a long time some organization of 
 this kind. 
 
 Mr. Hale. Let me ask, if the Senator from Georgia will allow me 
 
 Mr. Bacon. Certainly. 
 
 Mr. Hale. Is the Senator from Massachusetts certain in his own mind that the 
 Commissioner of Labor, at the head of what is now called the Department of Labor, 
 an independent organization, desires that his Department shall be merged in another 
 new department, of which it ])ecomes simply a bureau? 
 
 Mr. Bacon. And he a subordinate. 
 
 Mr. Hale. And he a subordinate. I do not know; I have not the relations with 
 the Commissioner of Labor which the Senator irony ^Massachusetts has; but unless 
 he is very confident of that, I should have very grave doubts whether the Commis- 
 sioner of Labor, who is a very efficient officer and who has an indej^endent work, and 
 who is not a subordinate of any department, would desire that he should be put into 
 this new Department as a subordinate, with his Department as a single bureau, anci a 
 bureau which, if the amendment of the Senator from Wisconsin prevails, may at any 
 time be consolidated with other bureaus. The Senator from Massachusetts sees the 
 condition. 
 
 Mr. Lodge. I see that. 
 
 Mr. Hale. Is he very w'ell assured on that point? 
 
 Mr. Lodge. I am certain that the Commissioner of Labor is in faror of the consol- 
 idation of the statistical departments, so far as jwssible. I have had talks with him 
 about that many times. I have always felt that he is a man above all others to be 
 the head of the permanent census. I think he has felt this to be the true organiza- 
 tion of the statistical departments of the Government. I have not talked with him, 
 I repeat, this winter, in regard to this specific bill, but I have always understood 
 from him that he feels that labor ouglit to be directly represented in the Cabinet, 
 and that he favors a ))ill of this kind because it is impossible to make a Cabinet posi- 
 tion out of his Department alone; it is necessary to add other matters. 
 
 Mr. Bacon. Mr. President, I submit that if the Senator will confer with his friend, 
 the Commissioner, he will find that the idea of the Commissioner is to have some- 
 thing added to his Department and theieby create that into a regular department, 
 and not that he now contemplates the idea that he shall l^e made a subordinate of 
 some other dejiartment and his Department a mere bureau, which, as the Senator 
 from Maine says, under the amendment offered may hereafter be simply merged 
 into and consolidated with some other bureau. 
 
 Mr. Lodge. I think it is a ciuestion of names. If you call this new Department 
 the "Department of Labor" and put into it all the commercial bureaus from the 
 Treasury Department, it would suit me exactly as well. What I want to get is 
 improved administration, and that I think we are going to reach. 
 
 Mr. McCoMAS. Could we not call it the "Department of Commerce and Labor?" 
 
 Mr. Lodge. You can call it anything you please so we get the result, which I 
 believe will be the better administration of many important bureaus which ought to 
 be grouped under one department instead of being in a department, as some of them 
 are now, which is overloaded with other work. 
 
 Mr. Bacon. Mr. President, not to detain the Senate, I wish to call attention to 
 what I consider to be the true, practical consi<lerations in this matter. One I have 
 already stated, and I will repeat it in brief. It is that we now have a perfect work- 
 ing Department, and it is altogether within the range of probability that if we sub- 
 ordinate the Commissioner of La])or totlie head of a department there may be such 
 interference and such embarrassment as to impair that which all now say is a perfect 
 work and needs no improvement. 
 
 That is one consideration. The other, to which I have already alluded, is that 
 the great mass of the constituency of this country who are directly presumed to be 
 
LEGISLATIVE HISTORY 497 
 
 iiiterestotl in this matter will 1)0 the better patislied if it does not appear that this 
 Department, wliieh wa-sonee a. subordinate bureau, andoutof tiiat sul)ordinate bureau 
 elevated into tlie diirnity of an independent deiiartment, has lieen a.^ain reduced to 
 the status of a dcjiendent, sulxmlinate l)ureau in another (lejtartment. I tliink, tiven 
 if the hitter is nothiuji l>ut a sentiment, those who are interested in that sentiment 
 are sullicient in their importance and in the interest which they represent to com- 
 mand our rtvsi)ect for that si'iitinu-nt. 
 
 Now, Mr. rresidcnt, 1 will simjily read one sentence from a letter which was read 
 xestenhiy in the Senate. It was laid ]>efore the Senate by the President pro tempore 
 of the Senate, to whom it had been addressed by the ]iresident of the American 
 Federation of Labor, Samuel Gonipers, protesting against the inclusion of the Depart- 
 ment of Labor, now an independent Department, in the Department of Commerce as 
 a subordinate bureau. The letter was addressed to the President i)ro tempore, as 
 I said, and by him laid before the Senate and read at length. The concluding sen- 
 tence of it alone I now read, because it appears in full in the Record of yesterday's 
 l)roceedings: 
 
 It is thcroforo urgently requested that in the event tliat the honorable Senate should deem it wise 
 ti> enact Senate bill 669, that the Department of Labor as now constituted may be eliminated from 
 it.s provisions. 
 
 I understand that the Federation of Labor really i-epresents the leading labor 
 organizations of the United States, and unless there. is some good, controlling reason 
 why it should be so included, having now a Department working well, that simple 
 request, I think, ought to lie regarded by ns. 
 
 For tliat reason, ]\Ir. President, I trust that the amendment offered by the Senator 
 from Alabama may prevail. 
 
 Mr. H.\Nx.\. ;Mr. President, as a mem1)er of the subcommittee who have had in 
 charge this bill now for more than a year, having giving the subject a great deal of 
 study and attention, and being to a very great extent familiar with the sources from 
 wliich this demand comes, I feel that the discussion of the bill has not fairly pre- 
 sented the case to the Senate. 
 
 The object of the proposed Department of Commerce is to secure more detailed 
 attention, more concert of action on the part of the Government to the great indus- 
 trial interests of the country as well as the commercial interests, and when I say 
 industrial interests I mean to include capital and labor as well. 
 
 It is a well-known fact that when our Government was organized there were but 
 three departments of Government. As the country has grown in population and 
 wealth and development additional departments have been organized to meet the 
 necessities of the case. That condition has always come as a result of overburdening 
 all the departments transacting the business of the Government, and that is the con- 
 dition to-day, Mr. President, particularly with regard to the Treasury Department 
 and tlie Department < )f the Interior. In "the growth and development of our country 
 new conditions and varied conditio'ns have made it an absolute necessity to organize 
 bureaus in order that the interests of these industries could be looked after. That 
 has necessitated the attachment of those bureaus to one department or another until, 
 as I said, l)Oth the Treasury and the Interior Departments are to-day overloaded. 
 
 Now, I believe, as a matter of princi})le, it is all important that there should be no 
 indejiendent bureau rei>resenting any interests, Init all should be attached to some 
 department or another under the executive influence of that department. 
 
 Mr. Hale. Will the Senator let me ask him a question? 
 
 ^Ir. II.\NN.\. Certainly. 
 
 Mr. ILm.k. Adopting that general rule, the force of which I see, what would the 
 Senator do with the Interstate Commerce Commission? That is a purely independ- 
 ent body. 
 
 Mr. Haxxa. If I was going to attach that Bureau to a department, I would attach 
 it to the Department of Justice. It is purely a judicial body, as I understand it. 
 
 Mr. Hale. If the great end and aim of this bill, for whicli I know the Senator has 
 been earnestly and seriously engaged for years, is to include foreign commerce, 
 internal commerce, manufactures, and all that relates to the great lal)oring interests 
 of the country engaged either in foreign commerce, internal commerce, or manufac- 
 tures, certainly the Interstate Commerce Commission, which is simply judicial in its 
 decisions affecting interstate commerce, ought to l)e under the head and control of 
 this Department, it seems to me, if any of these other bureaus are to be attached 
 to it. 
 
 Mr. IIanna. If the Senator will offer that as an amendment I will vote for it. 
 Mr. Hale. I am preparing an amendment now to that effect. 
 Mr. HoAK. AVill the Senator allow me to ask him a (piestion? 
 
 27028—04 32 
 
498 LEGISLATIVE HISTORY 
 
 Mr. Bacon. I would remind the Senator from Maine, with tlie permission of the 
 Senator from Ohio, of the fact tliat tlie Supreme Court of the United States has 
 determined that it is not a judicial l)ody. 
 
 Mr. Hoar. I will ask the Senator if he thinks it would be proper to jmt a purely 
 judicial function of the (Tovernment into any executive department whatever? 
 
 Mr. Hann.\. I must ask that I be not led away from the argument I am trying to 
 make by a proposition which is ]iot ])efore tlie Senate. We are discussing tlie ques- 
 tion as to whether or not the Bureau of Lalior shall become a part of tliis Depart- 
 ment. I say that it should; and when the statement is made on this floor that the 
 laboring interests of this country are opposed to it, 1 do not believe it. I recognize 
 that Mr. Gompers, president of the Federation of Labor, represents a large element 
 of those people and speaks with authority for himself, representing the organization 
 that he does. 
 
 But that the whole army of laboring men in this country are opposed to this 
 measure 1 deny. It has been my privilege to discuss this question with labor leaders 
 many times during the last year, and most of them are heartily in favor of a depart- 
 ment of tlie Government to be called the labor department; and if you call it the 
 labor department and attach all else that is provided for in this bill to that depart- 
 ment, you will get a letter from every one of them supporting it. 
 
 It does not make any difference what the name of this department may be, as an 
 industrial feature it represents capital as Avell as labor. There is no interest in the 
 United States to-day that demands the attention of Congress to help and further our 
 development more than this very question of having an established department of 
 the Government, acting in concert with like departments all over Europe and the 
 civilized world; for a department of commerce is established and acting along these 
 lines in every nation that competes with us in the markets of the world. 
 
 It makes no difference whether you call it commerce, industry, and labor, or one 
 of the three, the object is, as I miderstand it, to bring into concrete form an organi- 
 zation as a department of this Government that shall be charged with and shall be 
 responsible for looking after and furthering the interests of our industries and com- 
 merce along the same line and for the same purpose for which all other departments 
 were organized, an<l particularly that of Agriculture. 
 
 It has been stated that the Department of Agriculture was organized and in opera- 
 tion as a separate bureau for twenty years before it was made into a Department. 
 That, I presume, is the fact; but it is no less a fact that all the branches of industry 
 which have contributed to the necessity for a department of commerce are clamoring 
 here to-day for the same recognition, and they urge the same reason. 
 
 The Presiding Officer (Mr. Gallinger in the chair) . The Senator from Ohio will 
 suspend for a moment. The hour of 2 o'clock having arrived, it is the duty of the 
 Chair to lay before the Senate the unfinished business, which will be stated. 
 
 The Secretary. A bill (H. R. 5833) temjiorarily to provide revenue for the Phil- 
 ippine Islands, and for other purposes. 
 
 Mr. LoDCiE. I ask that the unfinished business may l)e temporarilj' laid aside. 
 
 The Presiding Officer. Is there objection to the request made by the Senator from 
 Massachusetts? The Chair hears none. The Senator from Ohio will proceed. 
 
 Mr. Hale. The Senator from Ohio is not quite right in saying that the Agricultural 
 Department for years was a bureau under any department. It was like the Depart- 
 ment of Labor. 
 
 Mr. Hanna. I did not say that it was under any department. 
 
 Mr. Hale. It was not a bureau. It was called the Department of Agriculture. 
 
 Mr. Hanna. It had no Cabinet officer. 
 
 Mr. Hale. It had no representative in the Cabinet, but for more than twenty j'ears 
 it was like the Department of Labor, and like the Fish Commission, and perhaps one 
 or two others, an independent department technically, without having a head in the 
 Cabinet, but it had no relation as a bureau to any department. 
 
 Mr. Hanna. I understand that; I appreciate it; and that is a growing evil, if I 
 may call it such, in reference to our departmental or bureau organization. The 
 development of the country in all its ramifications makes it important and neces- 
 sary that some factor of Government should give attention to those particular inter- 
 ests. These bureaus multiply. If, as you liave proposed to do, you strike from this 
 bill the Bureau of the Census you might go on, if you want to defeat the bill, and 
 strike every other bureau from it that would give it any standing or make any demand 
 for such a department. 
 
 Now, in reference to the Census Bureau, if it is the intention of the Government to 
 make that a permanent bureau 
 
 Mr. Clay. Will the Senator let me ask him a question in connection with what he 
 has said? 
 
 Mr. Hanna. Certainly. 
 
LEGISLATIVK HISTORY 499 
 
 'Mr. Ci.AV. The main juirpost- of tliis liill is thai "it siiail he tlu- in-oviiiccaiul duty 
 of .said l)urraii, undtT thi' dirri'tion of thr SciTctarv, to foster, promote, and develop 
 tlie various manufaeturiuLr iudustrii's of the United States and markets for the same 
 at home and ahroad, domestic and foreign, by ^atiierin^', compiling', pul)lishin<,', and 
 su]>plyiujr all avaiiahle and useful int'ormation eonceruin^' such industries an(l such 
 markets, and l>y such other nietliods ami means as may lie prt'scrihed l)y the Seere- 
 retary or provided by law." 
 
 I understand that is the prime i)urpose of the bill, and it was proposed to trans- 
 fer the Labor Dejiartment and the Census Hureau to this new r)e])artment, simply 
 to enable the new Secretary to carry out the original designs of the bill. As I under- 
 stand it, neither the majority nor the minority of the eonunittee had it in view to 
 cripple or in any way injure the labor interests of this country, but that tlu^ labor 
 interests would in no wi.se be affi'ctcd by this transfer; that the Labor Department 
 would be contimied to be operated just as it had been in the past, and that these 
 departments were transferred to the Department of Commerce sinijjly to aid that 
 Department in carrying out its purposes. 
 
 Mr. ILvxNA. That is all right; 1 do not object to that statement; nor do I anticipate 
 that the proposed transfer will in any way interfere with the etticiency of any of 
 these bureaus. If we are to make the Census Bureau a permanent organization, it is 
 to be done f(^r what purpose? To enumerate in every decade our jtopnlation? No; 
 but in order that the Government may have upon file the statistit-s gathered every 
 year in relation to the great inchistrial interests, and in order that to ose statistics 
 may be obtained in a way that would be entirely reliable. I claim that that is the 
 only argument by which we can support regularly and permanently a Census Bureau. 
 The simjile taking of the census once in ten years does not justify the expense to 
 this Government of maintaining a bureau of hundreds of clerks. 
 
 In ]>assing I wish to pay a tril)ute to the present Census Bureau for the efficiency 
 they have disj)layed in gathering valuable statistics witli reference to our industrial 
 interests. It is the first time within my knowledge that it ever has been successfully 
 accomplished. I want to preserve that feature of the Census Bureau. I want to 
 encourage it. I want to amplify it in every possible way by al)le executive al)ility. 
 Therefore I claim that that Bureau should be put back into this bill, as the way by 
 which it can best serve and the only way by wliich it can serve fully and completely 
 the industrial interests of this country. 
 
 With reference to the labor feature, as I stated before, Mr. President, I do not 
 hesitate to say that there is no strong ojiposition among the workingmen to this bill. 
 With all due respect to ]\Ir. Gompers's letter, voicing his own ideas upon this ques- 
 tion, if it is understood by organized and unorganized labor that that feature of our 
 industrial interests is to be made prominent in this Department, you will find a 
 hearty cooperation. It matters not to me if the distinguished and al)ie Chief of the 
 Labor Bureau should be ])laced at the head of this Dei)artment. You may call it a 
 Department of Labor, for aught I c^re, because you can not separate that part of the 
 industrial interest from the other. 
 
 Mr. President, all the gieat commercial bodies and industrial organizations of this 
 country have been demanding, not particularly as a right, but in the interest of the 
 great commercial and industrial interests, that sutdi a bureau should be established. 
 When we come to consider the responsibilities of the Government by comparing the 
 cost of its execution, the forty or fifty thousand dollars a year additional that will 
 give us tins Department, whose Inisiness it shall be to look in detail to all that will 
 contribute to the development of the great industrial interests of this country, we 
 are accomplishing a purjtose the cost of which is a bagatelle. 
 
 Now, what else is there in the way of it? Simply an indisposition or a jealou.sy, 
 perchance, on the part of those who are connected or disconnected with these bureaus 
 opposing the concrete form of these interests under one head. Is there anyone on 
 this floor who can dispute the fact that a close, effective organization, with one able 
 executive head, is always the best way to accomplish a result? Has it not been 
 j)roven in every department of the Government which has been organized and put 
 into executioiv that its valu(» toward the great body politic has been enhanced? Has 
 it not been di'monstrati^d that when the \avy separated from the Army the Navy 
 was better i)rovided for, and when one bureau after the other was se])arated (hiring 
 the i)rogress and development of this country that each one benefited thereby? 
 
 Now, ]\Ir. President, my pro])osition is that we have grown to suc-h i)roportions in 
 this country, and it is a demonstrated and established fact that owing to our natural 
 advantages and our great resources we are ])rogressing at such a rate, that we can 
 not measure our necessities until we are face to face with them. We are there now. 
 We are on the eve of a condition in this country where we are forced to expand our 
 trade and connuerce. Alreatly our ]»roductive ca])acity is far beyond our caj)acity 
 for consumption, and either one of two things must result. 
 
500 LEGISLATIVE HISTORY 
 
 We must, either find a market for that t^urphiH or we must restrict our prochiction 
 to our own home wants. We are entering a new field of competition with the trade 
 of the world; we are entering upon a new era in our development, and it is the husi- 
 ness of the Congress of the United States, in any and every way that it can contribute 
 to it, to grant such conditions as are asked for in this bill. I admit the foundation 
 and j)urpose of the bill as the Senator from (Tcorgia [Mr. Clay] has stated, but it is 
 not circumscribed merely to the collection of statistics. 
 
 Mr. Clay. The Senator from Ohio misunderstood me. I voted in favor of this bill 
 in the committee and I expect to vote for it here. 1 said that the prime purpose of 
 the bill in transferring to this new Department the De]iartment of Labor, which is 
 an independent Department, was simply to aid the Secretary of the new Department 
 in carrying out the purposes of the bill. 
 
 Mr. Hanna. That is as 1 understand it. 
 
 Mr. Clay. 1 said that the relations l)etween labor and capital were important in 
 manufacturing and in establishing new markets, and if we did not transfer certain 
 work to this new Department it would never accomplish its purposes. That was the 
 position 1 took. 
 
 Mr. Hanna. I perfectly agree with the Senator from Georgia. 
 
 Mr. Hale. I was rather surprised that the Senator should have fallen into what is 
 rather a commonly accepted fad at the present day, that we shall go into a decline if 
 we do not capture the trade of the world. Does not the Senator realize that in the 
 last four or five years we have captured pretty much all the trade of the world that 
 is worth anything? 
 
 Mr. Hanna. No, sir; I do not. 
 
 ]Mr. Hale. Then the Senator and I disagree. 
 
 Mr. Hanna. We do. 
 
 Mr. Hale. The record of what has been done under the Dingley tariff act is the 
 most amazing rec<5rd of the progress and absorption of foreign trade ever exhibited 
 to the world. We have absorbed foreign trade in the great countries that are our 
 competitors, and we have a population capable of almost indefinite consumption. We 
 have not wasted our energies in a dream of wdiat is called oriental trade, which never 
 did and never will figure in comparison with the markets of the civilized countries of 
 the world that are our competitors. 
 
 We have invaded England and Germany and Austria and Belgium and France and 
 Italy and Russia, and have a record of trade established such as has never been seen. 
 For the Senator, who stands as the representative as much as any man upon this floor 
 of the exploits and achievements of the Dingley tariff act, to join the ranks of the men 
 who declare that we will be ruined if Ave do not get markets for our goods is to me a 
 surprise. 
 
 Some day, Mr. President, I shall take occasion more fully to' expose what I call this 
 fallacy, this dream, this assumption, that the oriental trade is the thing for which we 
 have got to live hereafter. 
 
 Mr. Hanna. I do not remember having mentioned the Orient, and T should be very 
 sorry to admit that the Senator from Maine is correct in saying that we have already 
 captured the markets of Elurope. If we have got those markets, then we have cer- 
 tainly limited ourselves to our present capacity. 
 
 Mr. Hale. We are increasing all the time in those markets. 
 
 Mr. Hanna. That is what I said. 
 
 Mr. Hale. And we do not need further action, nor further departments, nor fur- 
 ther legislation. 
 
 Mr. Hanna. I understand the Senator from Maine is simply opposed to this bill, 
 and he is very fertile in his arguments. If I had time, I should wait and hear what 
 he has to say when he makes a speech later. 
 
 I do not claim to represent singly or particularly any interest on this floor. If my 
 business life has been such as to enable me to speak advisedly upon the necessities 
 and the wants of the great commercial and industrial interests of this country, I feel 
 that I am hajipy in having such a fad that will enable me occasionally to make my 
 appearance on the floor. 
 
 But, Mr. President, what I began to say was, that the commercial and industrial 
 interests of this country, in the same way as the agricultural interests, are demanding 
 something of this kind as an auxiliary to the further development of those great 
 industrial and commercial interests, and I am trying to emi)hasize the fact that when 
 I speak for the industrial interests I include labor, organized fir unorganized, and I 
 include any other business or feature which in any way can be connected with that 
 development. I say as an argument in favor of this bill that I believe all those 
 interests can be better served by it. 1 do not lielieve there is a member of this body 
 who does not wish that to be si>. The (juestion of detail is insignificant, in my judg- 
 ment, compared with the benefits to be derived from such a measure. 
 
LEGISLATIVE HISTORY * 501 
 
 In regard to the Labor Bureau fiuestion, I want to repeat an<l to enii)hasize that I 
 should have no ohjeetion tn calMng it the department of hd)or, or the (h'partnient of 
 labor and industry, or the di'partmcnt of coninierce, industry, and labor — by what- 
 ever name von please — if all the eU'intMits that can contribute to the su(•(•e^JS of the 
 great eonmien'ial and industrial interests of this country can be brought into action 
 and complete administration. 
 
 I say in reference to the organization of the Census Bureau tliat it is ii great nus- 
 take to leave that feature out of this bill, because that great organization can be 
 employed, and usefully emi)loyed, every year — yes, every month and day of the 
 year — in promoting those interests which we advocate, in furnishing statistics which 
 are al)solutely important, aye, which are absolutely a necessity for the country to 
 have, because there are no other channels provided for their collection and 
 a.<send)lage. 
 
 It would be a misfortune at this time in our history, in our condition, to divide 
 this industrial question by raising the issue that one part of it is labor and the other 
 part capital. Those interests are identical and nuitual. What is good for one is 
 equally g(,)od for the other, and it is a mistake that either the representatives of labor 
 or of capital should attempt to use the argument that there is any difference in inter- 
 est other than sentimental. 
 
 It is a good thing for ns to do t(j imite our efforts to bring those elements of society 
 upon the same plane, upon an equal footing, in considering all their interests in this 
 country for wliich we have the right to legislate. I will concede to them, or to the 
 l)nreaus proposed to be included in this new Department, the name by which it shall 
 be called and a member of the Cabinet, who shall be the executive head of that 
 Department. I care nothing for that. I am pleading for the results, which I believe 
 and know will be lieneticial to the development of tliis country, to its future growth 
 and prosperity, and not for any sentiment as to the name or as to the men. 
 
 I take it, w-hoever is the President of the United States, if this bill should become 
 a law, would exercise his judgment and di.scretion in placing at the head of this new 
 Department a man in every way (jualitied to represent its interests, who would hon- 
 estly and disinterestedly do all in his power to serve the interests over wdiich he is 
 placed by a concert of action with all the other departments and machinery of the 
 Governnient, and would lend his aid in every way possible for the further develop- 
 ment of our great interests at home and abroad. It needs no argument, Mr. Presi- 
 dent, to inspire that feeling of Americanism in the hearts of the American people. 
 
 Mr. Hale. I offer an amendment to the pending bill, which I send to the desk, 
 and ask that it may be printed, so that it may come up hereaftt-r. The l)ill evidently 
 will not i)ass to-day. Let the Secretary read the amendment, and then let it be 
 ])rinted. 
 
 The President pro tempore. The amendment proposed by the Senator from 
 Maine will be stated. 
 
 The Secret.vrv. r)n page H, section 4, line 22, after the world "connnerce," it is 
 propo.sed to insert: 
 
 And the Interstate Commerce Commission and all tlmt ]iertiuns to the siime be, and the same are 
 hereby, placed under the jurisdiction and made part of the Department of ('ommerce. 
 
 The President pro tempore. The proposed amendment will be printed and lie 
 upon the table. 
 
 ^Ir. Elkins. So far as I am concerne*!, 1 think that is a very good amendment, 
 without being printed. 
 
 Mr. Hale. It does not hurt it to be printed. 
 
 Mr. Klkins. Of course it does not hurt it to be printed, but it does not help it. 
 
 Mr. Hale. I ask that it be printed. 
 
 Mr. Elkins. The amendment is easily understood. 
 
 Mr. Hale. I ask that it be i)rinted, "because the bill evidently will not pa.«s to- 
 night, and therefore I am entirely willing that Senators shall have the opportunity 
 to consider the amendment. 
 
 ]Mr. Neuson. Has the Senator any objection to taking the vote on the amendment 
 now? We can consider the amendment without its being printed. 
 
 Mr. Elkins. ]\Ir. President 
 
 Mr. Hale. Does the Senat(jr wish to discuss the matter further now? The bill 
 can not be passed to-night. 
 
 Mr. Elkins. I should like to say a few words on the pending bill. 
 
 The President pro tempore. The Senator from West Virginia is recognized. 
 
 Mr. Elkins. Mr. President, I am heartily in favor of creating or establishing 
 another department of the Government, to l)e called the Department of Connnerce, 
 if you please, or the Department of Commerce and Labor, or the Department of 
 Commerce and Industry. This (jnestion has been thought about, mooted, and dis- 
 
502 LEGISLATIVE HISTORY 
 
 cussed for more than twenty-five years, and during that time I have never found 
 anybody substantially opposed to it. Now that everything is expanding in our Gov- 
 ernment, that our business is enlarging on sea and land in agriculture, luunufactm-- 
 ing, mining, banking, railroading, it does seem to me that the interests of the country 
 can be better safeguarded by dividing tlie work of the departments. 
 
 The best reason for the passage of this l>ill is the congested condition of business 
 in the Treasury and Interior departments and in some other departments. While I 
 think we have had able men at the head of the Treasury Department and that they 
 have done all that could be done, and without disparagement of any of our very al)le 
 Secretaries, it may be said that it is inii>(i8sil)le for one man to control and manage 
 the large interests which center in the Treasury Department. It is inipossiljle for 
 one man to give that attention to the business which naturally comes to the Treas- 
 ury Dejiartment wliich will enable him to administer it as wisely and as well as it 
 should be administered. 
 
 It was for a long time thought that there ought to be two Secretaries of the Treas- 
 ury — one to take charge of the disbursements and the other the receipts — in order to 
 divide the business aiul the responsibility of adniinisti-ation; but it seems to me that 
 this bill meets the dithculty of congestion in both the Treasury and Interior Depart- 
 ments by giving something from each of them to the Department of Connnerce pro- 
 vided by this bill. It takes several important bureaus from the Treasury Department 
 and transfers them to the new Department, thereby relieving the Treasury Depart- 
 ment. The same thing occurs in the Interior Department, which is also congested. 
 
 I believe, in addition to these reasons, tliatour rapidly increasing business on land 
 and on sea will ))e better subserved by creating this new Dei)artment. Vast responsi- 
 bilities, new duties, increased business will come to the Executive Departments of 
 the Government by reason of our expansion — the acquisition of the Philipijines, 
 Porto Rico, Hawaii, and the rajud growth of our Alaskan possessions. We must 
 proviile for these new duties and this increased business by relieving the Treasury 
 and other dei)artments of the lieavy burdens now resting upon them. Business is 
 multiplying s(j rajiidly in the United States and in our new possessions that the public 
 servic-e nuist suffer and the interests of the Government and people 1)e neglected 
 unless there is some relief. 
 
 Our Cabinet is not large as compared with European cabinets. The President, in 
 my opinion, would l)e aided by having another Cabinet adviser. It will be helpful to 
 the President, it seems to me, and, as s > well said Ijy the Senator from Ohio [Mr. 
 Hanna], the interests of labor and cajjital, of so delicate and peculiar character, will 
 both have better attention ami will be better sul)served l\y this new Depai'tment. 
 The labor interests of the country will receive better attention, and perhaps the dif- 
 ficulties Vjetween labor and capital can be better solved by having the I'are and atten- 
 tion ofa Cabinet officer. Tha safety of society and even the Government depend 
 upon keeping labor and capital reconciled and in harmony, as they should be. 
 
 I do not care what name shall be given to this new Department. The I'ommittee 
 thought one name was best for the reason that all the departments have l)ut one 
 name. We have the Treasury De|)artment, the War Department, the State Depart- 
 ment, and so on, and the committee agreed it would be well to keep a single name, 
 but if it will help the bill in any way to call the proposed Department the Department 
 of Commerce and Labor, or the Department of Commerce and Industry, or all three, 
 I have no objection. 
 
 But the great reason for this bill and the creation of a new Department is that it is 
 impossible now, I believe, for the Secretary of the Treasury and the Secretary of the 
 Interior to control and manage their departments as well and efficiently as if they 
 were divided and relieved of some of the burdens and work. We ought to relieve 
 the congested condition of the pul)lic business in the various departments, so that it 
 can have better and more thorough attention. Tiiis is in the interest of the people. 
 The Government was made for the people, and not the people for the Government. 
 
 The President pro tempore. The question is on the amendment offered by the 
 Senator from Alabama [Mr. Pettus]. 
 
 Mr. CocKRELL. ]VIr. President, I do not think that the argument that the business 
 in the Executive Departments is now congestetl and therefore they are not capable 
 of transacting it will hold good. The question is Avhether any of the bureaus which 
 are proposed to be transferred by this bill to the Department of Commerce are in 
 arrears in the transaction of their business, and that it is in such a condition that the 
 head of the department to which the bureau belongs could not bring up the current 
 work. 1 have heard of no such instance in regard to any one of these departments. 
 Then how do you benefit such departments by taking from them bureaus in which 
 there is no congestion of business, and taking at the same time all the clerks in those 
 bureaus, and leaving the other bureaus where it is alleged there is a congestion of 
 business? I do not think that gives any relief to the other departments. So I can 
 
LEGISLATIVE HISTORY 503 
 
 not see anv Utn-v in that projiositioii as a matter of arfjjuiiicntatinn in bclialf of tliis 
 1)111. 
 
 The Senator from Ohio [Mr. Ilanna] annonnees a very imixtrtant point, I think, 
 and that is, that it is imjiorlant to have one head. That is the very reason 1 shall 
 vote to strike the J)epartment of Lal)or from this hill and leave it w illi t>\w head, 
 instead of pntting it under and subordinate to aiiotlicr licad, thus dividing the 
 resj)onsil)i!ity. 
 
 If the Senator from Ohio wants eliicieney, let the iJepartment of J>abor, which 
 ha.s been adnnnistered with eflieieucy, with sueeess, and with aeceptalnlity, remain 
 aH it is, an independent department, with a head responsible to (yongress. Now, we 
 propose to take sui'h a Department of Labor and make it subordinate; to destroy it 
 a.s a Department of Labor and make it simjdy a Bureau, with a master — ^the head of 
 that Department — who must be consulted in tlu^ transaction of its business, and 
 whose policy must bi' followed, and not the ])olicy of the present head of the Depart- 
 ment of Labor, who becomes merely the. chii'f ot a bureau. You destroy his efli- 
 eieucy; you destroy the very thing for which the Departnaent of Labor was organ- 
 ized and constituted. 
 
 "Why is thi.s? Why do you want to sul)ordinate the Department of Labor to the 
 head of the Department of Connnerce? What is the policy of it? What is to be 
 gtiined by it? Everybody admits that that Department has been etiiciently and 
 acceptably adnnnistered. Why not let well enough alone? Why take this Depart- 
 ment, which has been so successfully, so acceptably, and so ethciently adnnnistered, 
 and sul)ordiuate it to the will and guidance and direction of we know not whom? 
 Is that good policy? Is that {)raetieal legislation? Can that lead to good and bene- 
 ticial results? 
 
 We have a department of l'ul)lic Printing, emploj'ing a large force. Must everj'' 
 department and bureau that Congress may deem important to be established be 
 taken and put under the head of some other department? Wliy shift the responsi- 
 bility for the administration of the Department of Labor from Congress to the head 
 of an executive department? We have had it under our control ever since its organ- 
 ization. What objection has ever been made to it? 
 
 We have had the department of Printing under Congressional control. What 
 objection has been made to that? W"e created a Department of Labor; Me gave it 
 the next highest position to an executive department with a secretary, and the head 
 of it has the same authority in his Department that a secretary has in his depart- 
 ment. He has control of his Department; he is responsible for it when there is one 
 head and one management. But this bill proposes to sul)ordinatethat head and that 
 one management to the head of another, to the control of another. I can not see 
 any reason why that should be done. If this Department of Labor has been ineth- 
 cient, if it has proved wanting in any respect, if we saw that it needed a guidance 
 and control which Congress is not capable of exercising over it, then there would be 
 policy in putting it under somebody else. 
 
 I think the amendment of the distinguished S6nator from Alabama [Mr. Pettus] 
 ought to be adopted. I think it ought to be adopted in the interest of the public 
 service. I think it ought to be adopted in deference to the wishes of those at whose 
 instance the I)ei)artment of Labor was organized, and whose views have been .so 
 strongly exjjressed in the language of the j:) resident of the American Federation of 
 Labor, which is printed in the proceedings of yesterday. The point is ex])ressly 
 made in that communication and the reasons set forth why this Department was 
 organizi'd and why it should not be subordinated to any other. 
 
 5lr. Ei.Kixs. May I interrupt the Senator? 
 
 Mr. CocKRELi.. Certainly. 
 
 Mr. Ei.Kixs. Suppose we call the new Department the Depiartment of Lalior; would 
 that help the situation, in the Senator's mind? 
 
 jNIr. CocKRELL. I think not, bec^ause you take it away from where it has been 
 efficient. If you put the Commissioner of Labor at the head of it 
 
 Mr. Ei.Kixs. We do not know who may be put at the head of it. 
 
 Mr. CocKREi.L. AVe have now the Department of Labor, which has been practically 
 under the same management ever since it was organized. It has been in the hands 
 of an efficient olfii-er, who has administere<l it successfully and accejitably; of whose 
 administration there has been no criticism, and there has been no scandal connected 
 with it in any way. He has met the exjjectations of the people; he has met the 
 expectations of Congress, under whom he has been acting, and now it is proposed to 
 make him sn])ordinate to somebody else. 
 
 Mr. Ei.KiNs. If I do not interrupt the Senator 
 
 Mr. CocKREi.L. It is no interruption. 
 
 Mr. Ei.Kixs. If the change be made, it would not impair the etlicieucv of that 
 Department; it would be just as elficient as it is now? 
 
504 LEGISLATIA^E HISTORY 
 
 Mr. CocKRELL. But you can not serve a master and he independent. 
 
 Mr. Elkins. Yes; but he nuist serve somebody; now wlio is his master? 
 
 Mr. CocKRELL. He serves Congress now. 
 
 Mr. Elkins. Oh, you want a parlimentary government. 
 
 Mr. CocKREi.L. That otticer is independent now. I want tlie Department of Labor 
 to remain just as it is; just as it has proved a success, and has been beneficial and 
 acceptable to the country. 
 
 Mr. Elkins. 1 think Congress has a good deal to do without managing executive 
 bureaus. 
 
 Mr. CocKRELL. We have proved so eminently successful in that matter that I think 
 we ought to be allowed to go on and haxe credit for it. 
 
 Mr. Hale. Let me ask the Senator, is it not true that the Department of Labor, 
 doing this work in reference to the great interests of labor, has remained unmolested 
 since it was organized? It has never Iteen considered a political department, and 
 no Administration has interfered with it or removed the head oi it. Under Kei)ub- 
 lican and Democratic administrations it has gone on as a separate, a distinct, and inde- 
 pendent Department. Will those conditions be observed, and will they apply when 
 you put it into one of the political dei)artments? 
 
 Mr. CocKRELL. Necessarily they can not be, for you then make the head of that 
 department subordinate to another. The Secretary of Commerce is not going to let 
 that Department remain as it is to-day, to go on and transact its business as it does 
 to-day; l)ut he will supervise its reports in every way, and will direct and control 
 them. He will direct what appropriations shall be made; he will pass upon every- 
 thing; everything will have to be done in subordination to his will, and so, neces- 
 sarily, the Department will become political. Everything that you can bring up as 
 to the efficiency of this Bureau must eminate from its remaining as it is. You can 
 not better it. It would he an untried experiment to have this Bureau made subor- 
 dinate to some one else. As Mr. Gompers says, in his letter of January 20, 1902: 
 
 The creation of a Department of Commerce with the provision for the subordination of the Depart- 
 ment of Labor will minimize the importance of labor's interests and minimize the present Depart- 
 ment of Labor. Against such a procedure, in the name of American labor, I enter mj- most .solemn 
 protest 
 
 Necessarily you subordinate it. Take the Census Office, for example — an inde- 
 pendent Department. It is now controlled by the Director of the Census. Put it 
 under tlie Secretary of Commerce and it becomes a mere bureau. The Director of 
 the C'ensus will do nothing without the approval and sanction of the Secretary, and 
 it is idle for Senators to say that when you place these departments under a Secre- 
 tary you will have them administered just as they are administered now. It can not 
 be. No Secretary will take the responsil)ility for the administiation of these offices 
 and yet have no control or influence over them. He would be an incompetent Sec- 
 retary if he did. He would admit his incompetency to control and direct them. 
 You want them placed there, and the ol>ject in placing them there is that they may 
 be under the control and direction of the Secretary of Commerce. 
 
 Mr. Gallinger. Will the Senator from Missouri permit me? 
 
 IVIr. Cockrell. Certainly. 
 
 Mr. Gallinger. Will the Senator assert that the Secretary of the Treasury inter- 
 feres with the administration of the Marine-Hospital Service or the Coast and Geo- 
 detic Survey? y 
 
 Mr. Cockrell. Most unquestionably. I am delighted that the distinguished 
 Senator from New Hampshire has mentioned that, for I did not want to refer to the 
 United States Coast and Geodetic Survey, becau.se it occurred under a Democratic 
 Administration. 
 
 Mr. Gallinger. What I mean is in the administration of the duties of the office. 
 
 Mr. Cockrell. In the administration of the office of United States Coast and 
 Geodetic Survey one of the most etficient and able men whoever occupied that office 
 was removed by theSecretary of the Treasury, and it was deteriorated in every way, as 
 the distinguished Senator from Iowa and others who know of that circumstance can 
 testify. It was greatly lowered. Its usefulness was impaired, and it was with some 
 difficulty that it was maintained without being wiped out. 
 
 Mr. Gallinger. Well, l)ut still it has remained under the Treasury Department. 
 
 Mr. Cockrell. Certainly, it has still remained under the Treasury Department, 
 but the Secretary of the Treasury interfered. He controlled. He directed. The 
 Secretaries always have done it, and you can not get a strong man, who feels the 
 weight of his responsibility as Secretary of Commerce, to take under liis wing and 
 be responsible to the public and to the world for the administration of a bureau 
 under him and yet expect that bureau to act independently. The propositions are 
 incongruous and incompatible. When the Department of Labor comes under the 
 
LEGISLATIVE HISTORY 505 
 
 Socrotary of Commoroo it will bocomo snl)nr(linato to him and must Ixnv to lii.s will, 
 anil tlu- i)r]nirtincnt will Ik- controlU'd to a jj^rcator or li'ss I'xtcnt. 
 
 Now, what is the reason for the traiistri? Why shall we take a |)t'])artnn'nt of 
 Labor, whii'h has provt-il so I'inincntly succi'ssfiil and is so satisfactory and airainst 
 which no conii)laint is made, and transfer it to tins new l)ei>artinent? Why shall we 
 make an experiment and [)lace it in asnboi-dinate jxisition, in defiance of the protests 
 of those at whose instance it was or^^anized, when no one can show that any benefit 
 will be derived by anyone from the ehanfie? It is an experiment, a trial, and one 
 that will i)rove nnprolitable and nnbiMieticial to the interests of labor. 
 
 Mr. MoNKY. Mr. President, 1 do not know that I shall vote for the ])enilin<; bill, 
 however much it may be amended. It may be made nnich better than it is, I know, 
 i think the title should be chanfied, for one thinji;, and that the new Department 
 should be called the I)ei)artment of Commerce and Industries, to anticijiate a num- 
 ber oi other departments, the creation of which will jirobably be urged in a very 
 short time. 
 
 I rise to say a few words because of the speech just made by the distinjiuislied 
 Senator from INIissouri [IMr. Cockrell]. I believe the Department of Labor, now an 
 indejiendent Department or Bureau, should be maintained in its independence. It 
 was instituted, in the tirst ])lace, because of the demands of the laboring eiementH of 
 this country for a rej>resentative in the capital to give statistics that would be for the 
 enlightemnent of this country upon their relations with the cajiital of the country. ' 
 That it has been administered, through changing Adnunistrations, without acliange 
 in its head is an evidence of satisfactory work. The public has received with grate- 
 ful acknowledgment the achievements of that Department. They have been satis- 
 factory to tlie Congress, and, as far as we know, to the Executive. To maintain the 
 absolute independence of this Bureau from any politii-al influence is the first (|uestion. 
 
 Now, it is a ]iatent fact, and nobody knows it any better than the gentlemen who 
 pressthis bill, that the change from an indei)endent to a subonlinate placechanges it 
 from an impai-tial, nonpartisan bureau for the purpose of gathering statistics and 
 information into apolitical bureau of a political dejiartment; and, as the Senator 
 from ^Missouri says, no Secretary will be responsible for any bureau f)r dejiartment 
 under him, or any officer who is subject to Ids direction (and he should not be so 
 held accountable), unless it or he is directly responsible to him. 
 
 Everybody knows that this Department chief, the Secretary of Commerce, like the 
 Secretary of the Treasur\' and the other Secretaries, will be a political appointment. 
 Such officers are the political advisers of the l*resident on all questions of public 
 policy. They are his advisers as to ai>pointments to I)e made to cai-ry out and exe- 
 cute the laws of Congress. In the Department of Lal^or, as it now exists to-day, no 
 sort of political influence is exercised as far as I know. I know nothing about the 
 political views of the chief or of the subordinates under him. I know that their 
 work has been ai)proved. It has been of the very fiighest order of merit. It has 
 been aci-epted, not only in the L^'^nited States l)ut al)road, as presenting the most 
 autlientic statistics and information ever compiled for the use of the public anywhere. 
 
 Anil now we have here the great laboring organizations of the country and the 
 unorganized labor of the country, for whom the distinguished Senator from Ohio 
 [Mr. Hanna] has said he has the warmest interest and feeling, with a demand for a 
 nonpartisan, impartial, independent department that can look after their affairs, so 
 far as coni-erns statistics and information. They will not be satisfied if the Depart- 
 ment is transferred to a department which of necessity will make it apolitical bureau, 
 as the other bureaus are to a greater or less extent. 
 
 ]\Ir. I'resident, what advantage is it to the labor of the country, organized or unor- 
 ganized, that this independent, impartial, nonpartisan Bureau shall be made a politi- 
 cal one? Its very merit and usefulness will have been destroyed when that is done. 
 AVe all know that there will not be a single report made from that Department, when 
 it becomes a bureau of another and a political department, which has not l)een 
 revised and lead penciled and corrected and sent back for revision over and over 
 again until the views of the i)arty in ]>ower are carried out and expressed. Every- 
 body knows that the bureau officer who in his report declined to lend himself to 
 campaign exigencies would speedily be invited to tender his resignation, and if he 
 did not do it, he would find himself superseded by a new appointee. 
 
 Mr. Ei.Kixs. Mr. President 
 
 The Phksidext pro tempore. Does the Senator from Mississippi yield to the Sena- 
 tor from West Virginia? 
 
 Mr. Money. CerUiinly. 
 
 Mr. Elkins. Speaking of the political feature of the case, is not the Commissioner 
 of Labor now appointed by the President, and is it not a political appointment? Does 
 it not change with changing administrations? 
 
 Mr. H.\LE. No; it does not. 
 
506 LEGISLATIVE HISTORY 
 
 Mr. Money. It has not changed. 
 
 Mr. Elkins. The office is not held for hfe. 
 
 IVIr. Money. It does not change with the change of administration. 
 
 Mr. Elkins. Why not? It may. 
 
 Mr. Money. It continues (hiring Democratic and Repubhcan administrations. 
 The work has been thoroughly nonpartisan, and it was made an indejjendent Depart- 
 ment in order that it should be so. 
 
 Mr. Elkins. Yes; but the head of it 
 
 Mr. Money. And if it had not been so the demand of labor interests would not 
 have been met. 
 
 Mr. Elkins. The head of the Department changes. 
 
 Mr. Money. It has not changed. 
 
 Mr. Elkins. It can be. 
 
 Mr. Money. Oh, it can be, but it has not been; and it has not been changed 
 because it was not intended to be a political office. Every single other officer in this 
 Government who could be made political has been made political. We know that 
 political influences have dominated the Navy and the Army, which should not liave 
 any political influence at all. Some of us Ijelieve that political influences have dom- 
 inated more than once a great coordinate branch of this Government in rendering 
 decisions upon the most important matters that ever came before the American 
 public. Wlierever politics can intrude itself it has done so. 
 
 Here are the laboring people of the country, who have an independent department 
 to meet their wishes, to give out impartial statistics and information to guide and 
 regulate them as well as the caiaital with which they come in conflict. A conflict 
 must forever and ever go on between capital and organized labor. I say necessarily, 
 not that there need be any injury done by one to the other, but the interests naturally 
 conflict. One wants what he can get and the other wants to keej) what he has, ami 
 consequently the two will always be in natural conflict. The part of this Congress 
 is to try, if possible, to be a buffer between these two hostile elements, and to enact 
 such legislation as will prevent any outbreak or such a divergence of interests as will 
 lead to conflict of the most serious character between capital and labor. 
 
 One of the things proposed was an independent and nonpartisan bureau of labor, 
 and it has acted, so far as I know, and I have examined its re})orts with great inter- 
 est, in that nonpartisan capacity. Its fuirction has been performed impartially. It 
 has met the demand of the laboring people of this country; it has been satisfactory 
 to all concerned, and I see no necessity for, but on the contrary I see a great evil in, 
 putting that independent department in another deiiartnient, to be subjected to the 
 will of a ])olitical chief ai)pointed on account of his ])olitics and as a political adviser. 
 
 We all know that the mere department work of a Secretary is as purely perfunctory 
 as anything can be. He can not read the ])apers he signs, and he can not sign half 
 of those which bear his name. A boy with a rubber stamp imprints the Secretary's 
 name upon papers he never saw and never will see. It is the necessity of the serv- 
 ice. It is due to the multiplication of business that comes from the enormous 
 aggregation of population and an enormous increase of wealth, and which comes 
 with such leaps and bounds that it can not be estimated for in the annual estimates 
 for appropriations submitted by the several heads of departments. 
 
 Now, Senators, you who vote to put this Department under a political chief (and 
 you will know you are doing it when you vote that way) will not have put under 
 obligations any single one of the labor organizations or the independent working 
 people of this country. You know very well that they do not want a political chief 
 to handle their statistics. Gentlemen may say figures will not lie, but it depends 
 entirely upon the men who handle the figures whether or not they will lie. They 
 can lie well enough if they are in the hands of a liar, and they can pervert the truth 
 when they are in the hands of a partisan. 
 
 I do not claim that I am the cliampion of the laboring people of this country. I 
 am not here with a commission from the laboring people, but I am here sympathetic 
 with all the working people of this country and other countries, the people who 
 create the wealth and pay the taxes and fight the battles. While I am without any 
 commission from them or anyone else or any expectation with res])ect to the matter, 
 I am here to say that when this clause is voted into the pending bill you will have 
 destroyed the interest which the laboring people have in this Department; you will 
 have nullified its usefulness, and you will have made it a part of the machinery of 
 the political conduct of this Government which they believe is inimical in its influence 
 to their interests. 
 
 Now, Mr. President, here is the Coast and Geodetic Survey, mentioned by the 
 distinguished Senator from Missouri. That Bureau, he says, under political influence 
 has deteriorated. I have known a good many heads of that Bureau. I once had 
 the pleasure of examining one of them, a distinguished scientist, since transferred to 
 
LEGISLATIVE HISTORY 507 
 
 a bettor and hijilior lield of nsofiilncss; and I wi.sli to say that I do not know a more 
 acciiinplishetl jrentleinan tlian tluMJno wlio now i>resid('8 over the C'oa.<t and (ieodetic 
 Survey. 1 l)elieve it will be to the interi'st of the country, if this hill is to l)econie a 
 hiw, that that Bureau should he transferred to the I)ei)artinent of ('oninieree. 
 
 The whole motive, the whole n-ason, for establishing' a coast ami geodetic survey 
 at all was to assist commerce. Its business is to survi-y, plat, chart, ami mark the 
 coasts of rivi'rs and liarbors in this country and all other countries touched by our 
 commercis and in that instance 
 
 Mr. El, KINS. I should like to ask the Senator from Mississippi a question. 
 
 ]\Ir. jMonev. Certainly. 
 
 Mr. Elsixs. If your argument is good with respect to a nonpolitical, nonpartisan, 
 indejiendent Bureau of Labor, let us get a more efficient, nonpartisan, nonpolitical 
 service in all directions than we have at present. If that argument is good with 
 respect to tlu' Conunissioni-r of Labor, it is good for every other bureau. W'c might 
 better and purify and hold the Administration alocjf from politics if we would put 
 every other bureau of this Cioverninent upon the same footing tliat the Labor llureau 
 is. If your argument is good as to the Commissioner of Labor, and it is an able 
 argmnent, 1 a<hnit, why not treat all the rest in the same way? 
 
 Mr. Money. 1 take pleasure in answering the very pertinent inipiiry of my friend 
 the Senator from West Virginia. He is one of those gentlemen wlio will take a 
 whole loaf or no l)read. I am satisfied with a crumb. You know it is im])ossible to 
 take the de})artments out of ])olitics. It was never intended that they should be out 
 of politics. It l)elongs to the system of this country. It is institutional. The 
 President nuist have political advisers, and he must call those to the head of the 
 gri'ut departments who are in sympathy with him, an<l who api)rove his jxtlicy and 
 will advise him, l)ecause the great party which elects him to his place expects him 
 to ajipoint people who are in accord with his views and the views of the party which 
 elected him. And, as suggested to me by the Senator from Georgia [Sir. Bacon], 
 he al ways does it. 
 
 But here is a bureau which in spite of that just and necessary rule has l)een created 
 and maintained in the fashion in which we now find it, because of the demand of 
 the plain people, who care nothing about politics and who are more interested in 
 winning ))read for their families than they are in the success of any party whatever, 
 and therefore, I am sorry to say, show a readiness to shift en masse from one side to 
 another as they may think their bread and meat depend. In recent campaigns 
 thousands of ballots have gone into Kepublican ballot Ijoxes cast by workingmen 
 who did not believe in the principles enunciated by that party, Imt who thought 
 that Ijread and meat for their wives and children dejiended upon the votes they 
 cast. The capitalists who threatened them did not intend to perform. They were 
 a lot of cowards. They raised their hands to strike, but did not have the courage 
 to give the blow, even if those men had gone on and voted independently, every one 
 of them, for Mr. Bryan. But the capitalists knew the threat was sufficient. They 
 had their hooks in the gills of these peoi)le, and the latter could not help themselves. 
 
 In spite of the fact that the departments must generally be political, that their 
 heads must ol)ey the President of the L^nited States, that they must be in accord with 
 him or leave (and they should be asked to leave if they show an unwillingness to do 
 so), here we have a department which if it can not l)e made nonpartisan and non- 
 political should be abolished and should not be provided for in any bill or transferred 
 to any other department. When it can no longer be independent and nonpartisan 
 and impartial, then it should at once be extinguished, and not coddled and made the 
 sul)ject of transfer and of debate in this Chamber. 
 
 Now, ^Ir. President, I desire to repreat what I said a while ago, that I do not 
 represent any lal)or organization whatever. They have never asked me to be their 
 chamjiion, but 1 can see what the effect of this is and I believe I know the influence 
 and motive that prompt it. They are to destroy the last imj)artial souri'e of statistics 
 and information which the Government has to-day upon matters of most vital 
 imjjortance as relating to cai>ital and laV)or, and I tell you that the peoj)le, after a 
 while, will tire of this sort of business, this interference in the only affair in which 
 they have sought to be directly represented. 
 
 The laboring peoi)le of this country, whether organized or not, whether the indi- 
 vidual follows the j)Iow or sails a shi]>, or forges at the anvil, or works at the loom, 
 or whatever he may be doing, ask that they beallowe<l at least one independent officer 
 who will not have to bow to the dictation of any jjolitical officer and can render to 
 the i)eople of this country just, imjiartial, fair, and nonpartisan statistics and infor- 
 mation for their guidance and their information. 
 
 Mr. (TAi,MN(iEK. Before my friend, the Senator from Mississippi, takes his seat I 
 should like to say a word. I always respect his opinions, and I always listen to his 
 eloquence with great pleasure. I wish, as a member of the Committee on Com- 
 
508 LEGISLATIVE HISTORY 
 
 merce, to give the Senator an opportunity to disclaim — which I am sure he will 
 gladly do — any imputation ujion the committee that their i)urpoye in reporting this 
 bill was to destroy this last nonpartisan bureau or department of Government. The 
 Senator says he thinks he understands the influences that are back of it and that led 
 somebody to propose this wicked thing. I am sure the Senator did not mean to 
 suggest that tlie committee had that end in view when tliey reported the bill includ- 
 ing the Department of l^abor. 
 
 Mr. Money. I am very much obliged to my distinguished friend, the Senator 
 from New Hampshire, for bringing this matter to my attention. I perhaps went too 
 far in saying that, for I can not believe that the Democrats on the committee could 
 have had any such motive. But 1 do believe that the Kepublican party are animated 
 by that motive. They have the controlling vote here, and I have seen nowhere 
 along the whole line of progress anything that tended to make for the good of the 
 masses of this country. 
 
 Mr. Gallinger. My only answer to that is that it must interest the country to 
 have the championship of the labor of this country placed in the hands of the Sen- 
 ator from Mississippi. 
 
 Mr. Money. Whether the country is interested or not is a matter so immaterial to 
 me that it is hardly worth mentioning. At any rate, I have risen in mv place with- 
 out any sort of thought upon this bill at all, not expecting to say a single word upon 
 it, but I accidentally came in and heard the remarks delivered l)y my distinguished 
 friend, the Senator from Missouri, which called to my mind at once the remarks I 
 have indulged in here; and if I liave reflected upon anybody in any way I am per- 
 fectly willing to withdraw it. But what I make is a charge against the Republican 
 party. It may be I am quite mistaken about this thing; 1 consider that I am as fal- 
 lible as anyl)ody else; but when I take this in connection with all the other move- 
 ments of this sort I am compelled to believe that the intention is that it shall all be 
 under political control. 
 
 Now, the very situation as it stands, the way in which the Bureau was organized, 
 the purpose for which it was organized, the demand that was made for its organiza- 
 tion, the character of its appointment, its standing through successive and changing 
 administrations of different politics, all show to me that the intention was, as I 
 sai(}, to have a nonpartisan bureau of statistics and information for the benefit of the 
 wage-earners and the laboring people of this country, as well as the capitalists and 
 manufacturers of this country. It was made an independent department under a 
 Democratic Administration, and the head of it, so far as I know, is a Republican, 
 appointed by a Democratic President. Everything connected with it tends to show 
 that it was to act independently of any political influence or motive, and so far it has 
 V>een properly administered. 
 
 Mr. President, we are not accustomed here to say anything that will purposely 
 wound anyone, and I hope the Senator from New Hampshire will not think that 
 there is any personal reflection upon him or any member of the committee on either 
 side. I have too much regard for all of the Senators to be at all discourteous or 
 impolite to any one of them. 
 
 Mr. Gam.in(;er. Knf)wing the kind heart of the Senator, and claiming for myself 
 equal kindness of heart, I gladly withdraw any suggestion I made that may have 
 been offensive to the Senator. 
 
 Mr. Money. It was not at all offensive to me. 
 
 Mr. Gallingeh. I thought this matter ought to be discussed absolutely without 
 reference to political views or partisan politics, and I am sure the connnittee had that 
 in view. They may have made mistakes, but they certainly had no purpose of harm- 
 ing the Department of Labor or doing anything that would harm the laboring people 
 of this country. I think the Senator will agree that that is so. 
 
 Mr. Money. I stated at the time that I was obliged to the Senator for bringing me 
 to that point, and I did not intend to be sarcastic when I said it. I was honest 
 al^out it. I really was obliged to him; and I am obliged to him for his further 
 remark. I will say now that I accept entirely his disclaimer on the part of the com- 
 mittee of any intention to impair the efficiency of this particular Bureau which affects 
 the labor of the country, either organized or unorganized; but I have attempted to 
 point out, irrespective of the politics of the committee or of the majority, the effect 
 of the measure. Ex necessitate rei. It can not be helped. The probabilities are all 
 on my side of the argument. You can not put a bureau iinder a political dei)art- 
 ment and make it independent and nonpartisan, unless it is strictly a scientific one. 
 In that case it might be possible. But when it comes to the Supreme (^ourt of the 
 United States, when it comes to the Army and Navy, when it comes to any of the 
 Executive Departments of this Government, we all know and feel that political 
 influence ramifies every single branch of the service, military and civil. It has shown 
 
leqtslativp: history 509 
 
 itself so repeatedly and so persistently that it is impossible for anyone, however dull, 
 to ignore the fact. 
 
 I am not lu-ro to arraign anybody. It might have been just so if Democrats were 
 in the asi-i-ndancy. It is the fate of this country to ))(> tossed betwei-n two ))olitical 
 partii's and to take tiie color of each in every brancii of the service, and it is jicrhaps 
 imi>ortant that it siiould be so in i)art, but not altogether. I wish we were more 
 perfect, Mr. I'resident; but 1 think we are about to demonstrate to the woild that 
 we are incapable of self-governuu-nt in the high sense of the word as it was conceived 
 by the i)eo])le who established this R<'public. I kn<)w that in the convention which 
 organized this great (iovernmeiit the highest and brightest minds did not believe the 
 l)e<>ple capable of governing themselves. 
 
 1 know that Alexander Hamilton, whose principles are espoused by the other side of 
 the Chandler, said the nearer we could come to the monarchy of Great Britain the better 
 for us; that it was imjiossilile for the ]>lain people to govern themselves; that it nuist 
 be a government of the better class, the "better class" always meaning the people 
 having money. ] know that such a good man as Koger Sherman subscribed to that 
 ildctrine, and I am sorry to say that one James Madison, who has been called the 
 champion of States rights, went very far in the same direction. And so to-day it is 
 bi'coming more and more obvious tiiat the people are not to speak for themselves. 
 We need at least one grand, impartial, nonpartisan bureau or department that Avill 
 give the facts iii which they are concerned without any coloring or any direction 
 from any jxilitical chief whatever. 
 
 Mr. (^uAHLKs. Mr. President, it seems to me unfortunate that any political com- 
 plexion should be given to this debate. The subject under consideration seems to 
 me of such dignity and importance that it ought to be considered entirely apart from 
 any mere ])arty or partisan consideration. But if I were here as the champion of 
 labor, I would feel constrained to suggest, sir, that labor has some very injudicious 
 friends on this floor. 
 
 What is it proposed to do by this bill? It seems to be the fundamental principle 
 in the thought of the promoters of this measure that there is a decided advantage in 
 having a direct representation in the executive 1>ranch of this Government through a 
 Secretary who is there attiliated with and attached to the very central head of the 
 Ciovernment. Now, are the promoters of this bill niistaken in that regard? If not, 
 what does it mean when gentlemen suggest that here shall be a great Department 
 organized to take jurisdiction of the industrial and manufacturing and commercial 
 interests and leave labor out? How is it ptjssible, Mr. President, that there can be 
 any comprehensive or systematic organization of those great industrial interests and 
 leave labor out? 
 
 When my friends on the other side of the Chamber propose to leave this Bureau 
 out it seems to me they are doing a doubtful service to the laboring man and the 
 laboring interests of this country. They propose that labor should dwell in a tent on 
 the outside. We pnipose t(j l)ring the labor interests right into the mansion along- 
 side of commerce, alongside of cajiital, where they 1)elong, that they may dwell there 
 harmoniously together; that the Labor Bureau shall not be an orphan, entirely dis- 
 credited and unaffiliated. It appears to me that no scheme of this kind can l)e com- 
 ]>lete unless we include both and treat them alike and bring them under the same 
 department, where they may have equal representation in the great central executive 
 department of the (iovernment. 
 
 Now, it is true that in the army there is a certain advantage that an independent 
 commander has. A guerrilla has an advantage in the same way. His force is mol>ile; 
 he can move about without consulting sui)erior officers. But, Mr. President, that 
 advantage fades away when we come to consider the great military desirability of 
 organization. The same thing ajiplies here. 
 
 It seems to me, Mr. President, that if we should leave labor out of this bill it 
 would be an invidious discrimination against labor. Therefore it apjiears to me to 
 l)e very desirable that the amendment shall not prevail and that the bill shall be con- 
 sidered on broad grounds, not on narrow ])artisan lines, but with a view of organiz- 
 ing a great systematic department, including all the interests which combine to 
 make our great industrial develojiment. 
 
 Mr. KhKiNs. Mr. President, I agree fully with the remarks of the Senator from Wis- 
 consin [Mr. l^iiarles]. It does scimu to me that this bill lifts up labor and dignifies it. 
 It puts its interests into better hands and .safeguards them better than can be done by 
 liHving an independent bureau — aniens bureau. I do not understand the argument of 
 the Senators who an^ opposed to merging this Bureau into the Dejuirtment of Com- 
 merce when we are willing to call it the Department of Labor, if you jilease, thereby 
 giving it more importance. The fact is that it was in the minds of the promoters of 
 this bill, those who considered it, tliat the great labor question and the interests of 
 
510 LEGISLATIVE HISTORY 
 
 labor would be better cared for, better safeguarded, than at present, and we are not 
 willing to permit the other side to have or pretend to have more interest in the (lues- 
 i'um of labor than this side of the Chamber. We think labor is inii)ortant enough to 
 have something more than a mere bureau. It is large enough to be in the hands of 
 a f -abinet oflicer and receive the best attention that a Cal)inet oftictr can give it. 
 
 I am glad that the Senator from i\Iississii)pi [Mr. Money] has taken into his par- 
 ticular charge the labor of the South. This is a new departure. It is gratifying 
 that we find that Southern statesmen are beginning to love and care for labor in the 
 South as well as in the North and all over the country. If I thouglit that the lal)or 
 of the Soutli would be l)etter ]n-omote<l l)y this independent Bureau that some Sen- 
 ators are so infatuated with, I would vote against putting it in the Dt'partment of 
 Commerce. There is no disposition to strike down the Labor Bureau, no disposition 
 to impair it, but every disposition to promote the interests of labor by putting the 
 Labor Bureau in tlie Department of Connnerce. 
 
 There is no Avay to get around responsible government. All the jiublic business 
 ought to belong to some department, ought to be taken care of in some department, 
 responsible to some head. There should be no independent bureaus under the 
 Government. 
 
 I dislike very much to see the Fish Commission merged into the Department of 
 Commerce. The head of that Bureau — a personal friend — wants in every way to 
 keep it out of the Department of Connnerce, and I can understand the reason. It is 
 better to be in a camp by yourself, in a command controlled by one's self, respon- 
 sible to nobody, as the Fish Commission is, but to the President; and, 1 understand, 
 the Commissioner of Labor is responsible to nobody but the President. In the 
 multifarious duties that rest upon the shoulders of the President he can not give 
 these l)ureaus any attention whatever, and for this reason we believe that it is better 
 to put them in the hands of a responsible Cabinet otticer, notwithstanding the claim 
 of the political complexion that might attach to the administration of the Labor 
 Bureau. 
 
 There should be no difference between the great political parties of this country 
 and between Senators here about the interests of labor. Everybody in the country — 
 every Senator here — wants to promote its interests. This bill has the mianimous 
 vote, I believe, of the Committee on Commerce. I believe one of the controlling 
 reasons was that it would help labor; that it would help the great labor interests of 
 the couutry; that labor interests would have more and better attention. Labor and 
 the interests of labor would be lifted up and dignified rnore by belonging to a great 
 department of the Government than to a bureau, as now. 
 
 Mr. Martin. Mr. President, I desire to say a few words about the proposition that 
 is pending. As I understand it, the cpiestion is <jn the amendment of the Senator 
 from Alabania [Mr. Pettns] to strike out so much of the bill as puts in this new 
 Department of Connnerce the Labor Bureau as now organized. 
 
 I regret very nuich to have heard political considerations mentioned in this con- 
 nection. As a member of the committee that re|)orted this bill I feel that I can, with 
 perfect safety, say not a memlier of that committee, Democratic mend)er or Repub- 
 lican mendjer, thought of jiolitics once from the beginning to the end of the consid- 
 eration given the matter in the committee. 
 
 I will say further that I regret an imj^ortant business measure like this is can not 
 be considered in the Senate without having the suspicion of ])olitical motive brought 
 in. I feel so absolutely free of being actuated by that motive myself, and I have 
 seen so little to justify the suspicion as against any other person in the committee or 
 outside of the committee, that I feel constrained to say that I l)elieve the suggestions 
 made by the Senator from Mississippi [Mr. Money] can not find a place in the facts 
 surrounding this matter. 
 
 ]\Ir. Money. Mr. President, if the Senator from Virginia will permit me, I do not 
 know whether he was in the Hall during the whole of my speech or not, Init when 
 my attention was brought to this matter by the Senator from New Hampshire [Mr. 
 Gallinger], I promptly actpntted the Democratic side; and- when he went a little 
 further and I was pressed a little by him in a good-natured way, I said I would 
 acquit the committee; and then, dro]iping all motives, I discussed the sn))ject i)urely 
 upon what I consider the necessary consequence of placing a nonpartisan bureau 
 under a political department. I am sure the Senator need not feel at all aggrieved 
 at anything I said. Of course I disclaim any intention of offending anybody or 
 doing a discourtesy to anybody. 
 
 Mr. INIartin. I can assure tiie Senator from Mississippi that I did not feel aggrieved 
 at all. I heard all he said, and I wish simply to contirui the concluson of the views 
 that he last expressed when he exonerated, as I wish to exonerate, the committee 
 and every Senator, so far as I know, on tlie floor of the Senate from any considera- 
 tion of a political nature in connection with this matter. 
 
LEGISLATIVE HISTORY 511 
 
 T will say fnrtlu'r that 1 have Ihhmi tinaliK' to si'c the force of the argnmeiit made 
 l)y tlu' Senator from MiHsissipiii in resi>cct to the present nonpartisan nr<,'anization 
 and Ills fears that the new organization wonld he partisan. If thc^ jiresent organ- 
 ization of the ]>ahor Bnrean is nonpartisan, if its work lias l)een done fairly and 
 jnstlv withontany partisan bias, a fortiori, it will he without jiartisan hias when put 
 under this greater eommand, this more important oHicer, hotli that important otHeer 
 and the i>resent otlieer in charge of the Jiurt'au holding eonimissions from the same 
 head, the President of the I'liiti'd States. If it has been nonpartisan in the past, it 
 is line to the Administration now in power. 
 
 If that Administration has made it nonpartisan in the past, why may it not make 
 it nonpartisan in the future? It is alisolutely mider the control <jf the President of 
 the United States as now constituted. I apprehend it is not anymore partisan or 
 anv less ])artisan than other dej)artnients of the (iovernment. Then^ is no law to 
 make it less partisan than the other (k'i»artments of the Government. If it is less 
 partisan than other departments, 1 say it is the act of the President. He has 
 app«)inti'd a good man at the head of that Bureau, and I hope the present President 
 and all future I'residents will continue to ap]ioint a good man to take charge of it 
 when it is a part of the l)ei)artment of Commerce, as well as when it is an independ- 
 ent Bureau. . 
 
 As I said, I am unal)le to see the force of the argument of the Senator from Missis-/ 
 sippi to the effect that it is a nonpartisan Bureau now and would 1)e a jiartisan Bureauj 
 when it is made a part of the new Department of C'ommerce. It is as susceptible of 
 jiartisan motive in the one instance as in the other. It is as much subject now, I 
 have no doubt, to partisan feeling as any other de])artnient of the (iovernment. I 
 have seen no undue partisanship in it, and I hojje I may never do so; but I say it is 
 as snscei>tible to partisan conduct now as it will be when it is made a part of the 
 Bureau of the Department of Commerce. 
 
 Now, another argument has been adduced in favor of the motion to strike this 
 Bureau from the new" Department of Commerce by the Senator from Georgia 
 [Mr. Bacon], who says: "Let well enough alone." "Mr. President, that argument 
 may be used as against every single bureau attempted to be put into this new Depart- 
 ment. Are we to make charges against a liureau before it can be fixed in any one 
 <lepartment or another of the Government? Are we to charge inconijjetency of man- 
 agement before we can justify ourselves in putting any in<lependent bureau in this 
 new Dejiartment? If it has done well in the past, I say it will do better in the future 
 when it has a Cabinet officer to foster it and to care for it and build it up. 
 
 Again, Mr. President, it has been said by the Senator from Georgia that if no other 
 consideration had controlled him he would have been controlled by the letter from 
 Mr. Gompers, the president of the Federation of Labor. Mr. President, I feel that 
 the letter of Mr. (Tompers is an argument in favor of the transfer, so far as it contains 
 any argument. Mr. ( ioiiipers objects to having this Bureau put in the Department of 
 Connnerce, because he says that there should be a Caliinet officer to have sole and 
 exclusive control of this Labor Bureau. ]\lr. Croinpers wants the Labor Bureau magni- 
 fied into a Cabinet jxisition single and alone. We must limit the number of Cabinet 
 officers. We can not have a Caliinet (jfficer for the Department of ]\Ianufactures; a 
 Cal)inet officer for the Department of Labor; a Cal)inet officer for the Department of 
 Statistics. We can not multiply Cabinet officers indefinitely. We must classify them, 
 or should, in my humble judgment, classify them so as "to include every bureau of 
 the Government under some Cabinet department, except in the case of a few which 
 can not well lie brought under Cabinet control. 
 
 The Interstate Commerce Commission is a quasi-judicial tribunal in some of its fea- 
 tures. It should not be embraced under a Cabinet officer. It should be independ- 
 ent. I feel that that is an exception. I believe that the Civil Service Commission 
 should be independent, liecause it deals with all departments of the Government 
 service. I can not at the moment think of any others; but there may be some 
 others. However, as a general proposition, for the efficient administration of the 
 business of the Government I believe that every bureau should be classified under 
 some Cabinet officer and should be controlled by a Caliinet officer in direct commu- 
 nication with the President and directly responsible to the President. For that 
 reason 1 l)elieve that the Lal)or Bureau should be put under some one of these Cab- 
 inet officers, and 1 know of none to which that Bureau more logically belongs than 
 to the head of the new Department of Commerce. 
 
 I liave desired, ]\Ir. President, ])rietly to exjiress these views, because I sincerely 
 believe that the best interests of this Bureau will be promoted liy having it made a 
 part of and put under the direction of the I)e])artmeiit of Commerce. 
 
 ]\Ir. Si'ooNKK. Mr. Presi<lent, this Viill day by day is growing in ])opularity. I 
 know of no one in the Senate who has not announced himself as in favor of it, but 
 from day to day there is a little change in the (/mditij of its popularity. Everyone, 
 
512 LEGISLATIVE HISTOKY 
 
 taking the Senate altogether, seems to ])e in favor of creating this new Department, 
 but opposed to putting anything in it. [Laughter.] One Senator wants the Fish 
 Commission taken out l)ecause it is "scientific." Another wants the Geological Sur- 
 vey t;iken out, partly for the same reason. One wanted the Coast and (xeodetic 
 Survey taken out, wiiich is certainly quite scientific in its functions, and out it went. 
 
 Mr. Money. Will the Senator from Wisconsin permit me? 
 
 Mr. Spoonek. Always. 
 
 Mr. Money. The Senator looked at me as one who wanted the Coast and Geodetic 
 Survey taken out. 
 
 Mr. Spoonek. No; I acquit the Senator. 
 
 Mr. Money. I said I wanted it kept in where it belongs, and it has no business 
 with any other department. 
 
 Mr. Spooxer. Another wanted the Census Bureau taken out, and out it went. 
 Now it is proposed to take out the Department of Labor. Two or three friends of 
 mine, who are connected with the.se Bureaus, have asked me to move to strike those 
 out of the Ijill, and I suppose, if the motion is made, they will go out. So there will 
 not l)e much left of this bill l)y the time we are through with it. 
 
 The speech of the Senator from Virginia [Mr. Martin] was an extremely fair one, a 
 broad one, and was calculated, in my judgment, to make for better public service. 
 It was uninfluenced in any wise whatever by any political suspicion or possible polit- 
 ical motive. 
 
 I assume, Mr. President, if we are to create this Department that we are not creat- 
 ing it for the purpose of adding a Cabinet oflicer. I suppose that, in transferring 
 bureaus to this Department, we are not to'be influenced l)y the desire of the heads of 
 the bureaus, by their personal pride, or a desire for continued independence. We 
 create the Department, if we create it at all, because the public interest demands it, 
 and in determining the question what bureaus and subdeiiartments of the Govern- 
 ment shall be eml)raced in this new l)ei)artment i think we should take no account 
 whatever of the wishes of the gentlemen at the head of them, but study and deter- 
 mine solely the question whether, if transferred to this Dejjartment, they will render 
 better service in the public interest. 
 
 I think this Department ought to be established. The departments are over- 
 loaded. The Interior Department is an empire. The same thing almost is true of 
 the Treasury Department. There are a large number of bureaus in the Treasury 
 Department which, in their nature, have no legitimate connection with that Depart- 
 ment, but as we have grown and progressed those bureaus have been added by Con- 
 gress and, of course, they have been put upon one department or another initil now 
 it is too true, as the Senator from Mississip])i [Mr. Money] said, that Cabinet officers, 
 several of them at least, are obliged in putting their signatures or their approval upon 
 documents and papers, some of them important, to do it in a somewhat perfunctory 
 manner. It is impossible under the present situation that it should be otherwise; 
 it ought not to be so any more than is necessary. 
 
 The Cal)inet officer is held responsible for every breach of duty in tlie various 
 bureaus under him, for every particular piece of rascality, for all loose transac- 
 tions and wastefulness, and it is not fair to a C'al)inet officer, it is not in the public 
 interest, that a department should be so filled with bureaus as to render it impossi- 
 ble for the liead of tliat dei>artment to keep a fair degree of supervision over the 
 operations of the bui-i'aus imdcr him and to keep in fair degree in touch with those 
 operations. It is ridic-ulous t(j suppose that as we advance and increase in our popu- 
 lation, now 80,000,000, as we increase in domestic and foreign commerce, and as we 
 increase in transportation facilities, growing in every conceivable way, the old 
 machine is adequate to the new situation. 
 
 So I have felt that there ought to be created this new Department; that tlie public 
 interest absolutely demands it; and that we ought to transfer from the overloaded 
 departments — all of them are not overloaded — those bureaus and subdeparments, if 
 there are sucli, which, massed in a Department of Commerce, can discharge just as 
 efficiently tlie duties imposed upon those bureaus by law when placed under the 
 general supervision and responsibility of a Cabinet officer. That is what this bill 
 was intended to do. 
 
 This De])artment of Labor — I have not cared much about it in this connection, 
 although in establishing a Department of Commerce, dealing with our industries, 
 dealing with our domestic commerce, intended in various ways to promote both, 
 dealing with our foreign commerce, dealing with ever}' subject into which labor 
 entei's — naturally was by the committee deemed appropriate to be transferred to the 
 Depai-tment of Connnerce. 
 
 What argument is made against it here? First, it is said that it is an indejtendent 
 department. In a sense, yes. It is not a bureau in any deiiartuient, nor is it an 
 executive department. Why was it so created? To secure nonpartisanship, and, as 
 
LEGISLATIVE HISTORY 513 
 
 Senators think, therefore, honent iuhninistration. I do not undertake to say as to 
 that, hut I do know this, that when the Bureau was created and the frentlenian who 
 now is at the liead of the Department of Labor was first appointed, he was a])point('d 
 at the head of tlie Labor Bureau. I ask my friend from Colorado [Mr. Teller] if I 
 am mistaken a])out that. That was a })ureau in the Interior Department, was it not? 
 
 ^Ir. Tei.lek. The Department of Labor? 
 
 Mr. SrooxER. Xo, I mean the Labor Bureau at first. 
 
 3Ir. Teller. I will state that I said whilst I was on the floor it was originally 
 organized as the Bureau of Labor in 1884. 
 
 Mr. Spooxer. In what Department? 
 
 Mr. B.vcoN. In the Interior Department. In 1888 the act was amended, taking it 
 out from that Department and making it an independent dejiartment. 
 
 ^Ir. iSi'ooNER. I thank the Senator for confirming my recollection. 
 
 Has it ever been charged, Mr. I'resident, that while the Bureau of Labor was a 
 bureau in the Interior Dej)artment it was dishonest for political ]nir])oses in the 
 administration of the functions imposed upon it by law? Was the distinguished 
 gentleman, who is now at the head of this anomalous Department, any the less able 
 as a statistican, any the less honest as a statistician, when he was at the head of a 
 bureau in one of the Executive Departments than he has since been? 
 
 The Geological Survey is one of the bureaus of a Department. It is in the Depart- 
 ment of the Interior. A very able man is at the head of it. It deals with statistical 
 investigations, and of the most imi)ortant kind, IMr. President, very elaborate and 
 far-reaching. It reports the results of statistical research to the country. Has it been 
 claimed that that Bureau ever has been di.sabled in the discharge of its duty by the 
 fact that the head of the Department happened to belong to one party or tlie other? 
 I think not. 
 
 The Census Office is a bureau in the Interior Department. I have heard charges 
 made against the Census Bureau in connection with patronage, but I do not remem- 
 ber to have heard an impeachment of the statistical work of the Census Bureau upon 
 the hypothesis that it was influenced by politics. 
 
 The gentleman who is now at the head of the Department of La]>or has been 
 retained through different Administrations. Why? Because he was independent of 
 the I'resident? Not at all; for the act which created the Dei^artment, under which 
 he was appointed, provides that the President may appoint him, by and with the 
 advice and consent of the Senate. There has never been a day since he was first 
 ai)pointed when he was not subject to removal and when the President was not at 
 liberty to substitute for him a man of his own ]iolitical faith. 
 
 It has not been done. President Cleveland did not do it; President Harrison did 
 not do it; President Cleveland, when he came in again, did not do it; President 
 ^IcKinley did not do it. Why? Because every right-thinking citizen of the L'nited 
 States charged with public duties and fit to hold public office, knows that the statis- 
 tical information that reveals to the people our growth, the condition of (jur indus- 
 tries — general statistical information — must be honest in order to be of any use or 
 value, and I never expect to see a President elected who will put a tool in such a 
 position or who may be expected to be willing to so prostitute his position as to give 
 political coloring to investigations of this sort and to the collection and compilation 
 and report of statistical information. 
 
 If this Bureau is transferred, the gentleman who has held the place by "divine 
 right." in a sen.se, because of his surpa.ssing excellence as a statistician, for he is 
 wedded to the science and could not give a thought to politics in the administration 
 of that important function 
 
 Mr. Teller. AVhat is his politics? 
 
 Mr. Si'ooNER. I do not know. 
 
 Mr. Teller. Does anybody else know? 
 
 Mr. Si'ooxER. I do not know n(jr do I care. He was first appointed, I think, by a 
 Rei>ublican President, was he not? 
 
 ^Ir. Alllson. He was appointed by a Republican President. 
 
 Mr. Teller. When I interrupted the Senator from Wisconsin I did not mean to 
 cast any reflection upon Mr. Wright, the head of the Department of Labor. 
 
 Mr. Si'ooxER. I know you did not. 
 
 Mr. Teller. I do not believe anybody knows what his politics is. He has attended 
 to his business, and let politics alone. 
 
 Mr. Si'ooNER. So with the Geological Survey, and so with others. I doul)t not it 
 will be found, no matter what you call them, no matter if the departments o -snbde- 
 partments, or ])ureaus are transferreil to the new Department of Commerce, the work 
 will go on just as it has gone on. 
 
 27628—04 .33 
 
514 LEGISLATIVE HISTORY 
 
 The present Commissioner of Labor can not expect to live forever. He is to have 
 successors. I hope they may be as able and faithful as he, and I am not willing to 
 believe that a day will come when any President — Democrat or Republican — will 
 choose the head of that Department to conduct that important work with reference 
 to anything but his ability and willingness to get at the truth. 
 
 The proposition here is to transfer this Department and other deijartments with 
 the same officers, with the same rank, at the same salaries, and with the same duties 
 now imposed upon them by law. It is a little odd to have independent and unas- 
 similated bureaus in the Government. Prima facie there is propriety in almost every 
 case in having these bureaus, whatever they may be, or these subdepartments, what- 
 ever they may deal with, in some executive department, presided over by a Cabinet 
 officer, who twice a week or every day visits the Chief Executive, who is responsible 
 for the general conduct of the Administration. 
 
 I agree with the Senator from Virginia [Mr. Martin] in all he said, and especially 
 1 agree with him that there are peculiar reasons why the Interstate Commerce Com- 
 mission should not be transferred to a department. The Interstate Commerce 
 Commissioners are charged with the administration of an act of Congress. It is 
 j)art of their function to investigate, with a view to enforcing the requirements of 
 the interstate-commerce law, but a part, and an important part, of their functions are 
 quad judicial. 
 
 Mr. Hale. Is not that true al)out any bureau of importance in any department of 
 the Government? 
 
 Mr. Spooxer. I do not think it is true. 
 
 ]\Ir. Hale. The Indian Bureau in the Interior Department is engaged in adminis- 
 tering the law. There is not a day in the great Land ()ffi<'e of the Interior Depart- 
 ment when questions of law do not come up which involve hundreds of thousands 
 and millions of dollars. Indeed, I have heard it said that the decisions of the Com- 
 missioner of the General Land Office yearly involve more value in pro])erty than 
 those of any court which exists in the United States. The Interstate Commerce 
 Commission was authorized to do nothing more than that. It is a projected body 
 onto the administration of the Government. 
 
 They have no force so far as promulgating decisions which are recognized as law. 
 Their <lutiesare purely administrative, purely with regard to seeing that the different 
 laws in refereni-e to railway transjiortation and interstate commerce are carried out. 
 Everything about it could be done by a well-developed and well-conducted bureau 
 in a department as well as it is done now. 
 
 Mr. Spooner. I think that if the Senator will read the interstate law 
 
 Mr. Hale. I have read it. 
 
 Mr. Spooner. Which he has evidently forgotten 
 
 Mr. Hale. Oh, no. 
 
 Mr. Spooner. The Senator will find the Interstate Commerce Commissioners are 
 rather sui generis. Of course they are "projected onto the Administration " just as 
 every other bureau that has ever been created was "projected onto the Adminis- 
 tation." 
 
 Mr. Hale. No doubt it is the natural habit of all officials to amjilify their jurisdic- 
 tion, as it is the habit of judges to amplify theirs. I have no dou1)t that these Com- 
 missioners naturally would like to enlarge their jurisdiction, and they perhaps have 
 attempted it, but the courts have sat down upon them very conclusively, and have 
 determined that they had no power to promulgate legal decisions. 
 
 Mr. Spooner. But they do make decisions, and they are entitled to apply to the 
 courts for injunctions in certain cases,! and the courts compel the attendance of 
 witnesses. 
 
 Mr. Hale. Every officer of the Government can do that. 
 
 Mr. Spooner. But every officer can not compel the attendance of witnesses. 
 
 Mr. Hale. But officers may apply to the courts. 
 
 Mr. Spooner. That is a little different. That distinguishes them from qucm courts. 
 
 Mr. Hale. Committees of Congress do that. 
 
 Mr. Spooner. Oh, Yes; when they are within their jurisdiction. 
 
 Mr. Hale. Those are not considered great judicial powers. 
 
 Mr. Spooner. I did not say anything about "great judicial powers." Whether 
 they "enjoy" quasi-judicial powers I do not undertake to say, but they have (juasi- 
 juflicial functions. 
 
 Mr. Hale. But what infects me w'ith a kind of skepticism about all this is the 
 entire ease with which Senators, as to a particular body in the (government, a bureau 
 or a department, find that it ought to be put under one head, and the same Senators 
 upon other matters, other bureaus, other departments, and other organizations, 
 think they ought not to be put under one head. 
 
LEGISLATIVE niS'R)RY 515 
 
 I do not si'i', if you take tlu' Fi.sli Commission — purely iin in<lop(Mi(lcnt l)o(ly, witli 
 no relation wliatovi'r to tiie ih'partment of C'ommerce, which was startiMl as a hureau 
 of the Sniitiisoniau Institution under Professor Baird, puri'iy si-ientilic, and for tlie 
 j)ur|>ose of developinji the lish i)roduet — 1 do not see why tliat siiould l)e put into 
 tlie Oepaitinentof Connnerei'; and tliat tlu; Interstate Conimeree Commission, whieh 
 deals with eommeree and with ([uestions arising out of commerce, should not be j)ut 
 into it. 1 can not work my mind in that way. I have not got that facility which 
 the Senator from Wisconsin has. 
 
 Mr. Si'ooNiCK. That is evident. [Laughter.] 
 
 Mr. II.M.K. Yes, it is evident to to me; and it is a matter of some re]>ining on my 
 l)art that I can not work my mind in that way — lirst this way and then that — with 
 reference to diffen-nt bureaus and differi'iit departments of the Government. 
 
 Mr. Si'ooNKii. I should be very sorry for the Senator 
 
 Mr. IloAK. I want to ask a ((uestion, with the permission of the Senator. 1 will 
 put it in that form, as that is the only right 1 have to interrupt him. I merely want 
 to make a suggestion. 
 
 It seems to me that the Interstate Commission is practically a judicial body. It is 
 true its me.nbers are removable by the President, just as Territorial judges are 
 removable by the President. But it promulgates decisions on the hearing of evidence 
 and argument, and that is its chief business, which, when jironmlgated, ))ecomethe 
 general rule governing the conduct of great transactions in all like cases; and its 
 function, oi)eration, ([uality, and t'haracter are judicial. It settles judicially not the 
 case between two individual partii's, but the general rule of conduct which governs 
 great corporations in the great sphere of human transactions for all men when those 
 questions come before the Commission for decision. 
 
 Mr. Spooner. Mr. President 
 
 Mr. Money. Will the Senator from Wisconsin permit me a moment? 
 
 Mr. Spoonek. Certainly. 
 
 'Sir. INIoNEV. Mr. President, it may be a little rash for me to arise in the presence 
 of the very learned chairman of the Judiciary Committee [Mr. Hoar], but I do not 
 consider anybody a court whose judgments are not final and can not be enforced. 
 The Interstate Commerce Commission renders no linal judgments. 
 
 The rules of conunerce, which the Senator says are a kind of decision, are not like 
 the decisions of a court of law. It is simply aquasi judicial body, as the Senator from 
 Wisconsin [Mr. Spooner] says, which can determine the application of the inter- 
 state-commerce law to the conduct of railroad corporations. When the Commission 
 gives an opinion it gives a finding of fact; but if you want a remedy, you must go to 
 another body, you must go to a court. But no body, however judicial its functions 
 may Ik*, is a Court unless its judgments are final or appealal)le to some court whose 
 judgment is linal. 
 
 Sir. IIoAK. Is that not merely a technical statement? I am speaking of the prac- 
 tical results. 
 
 Mr. Money. I mean that. 
 
 'Sir. HoAH. It is true that these Commissioners, just as the railroad commissioners 
 in some States, have to go to court if their decision is disputed, but their judgment 
 is adopted in practice as that of a court. These men declare the general law which 
 prevails in all such cases. Their whole conduct, the mode of hearing evidence and 
 arguments and sitting impartially, is that of a judicial tribunal, although it is true, 
 as the St'uator says, tliat, if disputed, their decisions have to be enforceil by a court. 
 It is, however, none the less a fact that their function is a judicial function, and that 
 the result is a judicial result. 
 
 Mr. M(.).ney. I do not like to tresi)ass upon the Senator from AVisconsin; )>ut as his 
 time is unlimited, I hope he will allow me to say that I know whereof I speak regard- 
 ing the Interstate Commerce Conunission, because I have had experience in a case 
 in which I myself apjieared before the Connnission. They made a finding that was 
 iib.sohitely disregarde<l and has never yet been enforced because the parties to the 
 rase were not willing or able to carry it to a court where they could get a judgment 
 that could be enforced. Practically it is not a court. 
 
 Tlu- Pkksiokxt pro tempore. Has the Senator from Wisconsin yielded the floor? 
 
 Mr. Sroo.NEK. I do not know. Have I, Mr. President? [Laughter.] 
 
 Mr. .MoNioY. I interrupted the Senator by ])ermission, as I understood. 
 
 The PmcsiDKNT i)ro tem|)ore. The Senator from Wisconsin [Mr. Spooner] is entitled 
 to the Hoor. 
 
 Mr. Spoonek. Mr. President, 1 renuMuber, I think, that when I sat d(»wn my mind 
 was agitated over tlu' mental condition of the Senator from Maine [Mr. Hale], wh«> 
 seemcMl to think tliat I nmst be in favor of ])utting all the departments into tliis bill 
 or opposed to putting any of them into this 1)111. 
 
 31 r. Hale. Or bureaus. 
 
516 LEGISLATIVE HISTORY 
 
 Mr. Spooner. Or bureaus. In other words, the Senator seems to be unable to 
 understand how, with any degree of mental soundness, I could be in favor of incor- 
 porating or transferring to this Department of Commerce some ])ureaus, and not others. 
 
 Mr. Hale. I think I put it differently from that. 
 
 Mr. Spooner. Now, Mr. President 
 
 Mr. Hale. I think I said that I could not understand how it was that the Senator 
 was in favor of putting a bureau which has nothing to do with commerce into this 
 new Department and against putting into it a bureau or an organization which has 
 nothing to do except as to commerce. That w^as my trouble of mind. There is where 
 I lacked the alertness to keep up with the Senator, and there is where he should 
 commiserate me. 
 
 Mr. Spooner. I commiserate the Senator generally, and I commiHerate myself 
 because I do not agree with the Senator. [Laughter.] 
 
 I was giving reasons to show why, although the Interstate Commission has to do 
 with commerce, I thought it ought to be an independent commission, and that it 
 was intended to be so. I have not the time to take up the interstate-commerce law, 
 but I will undertake to show tlie Senator that there is a very wide distinction, which 
 I think even he will concede, between the Interstate Commerce Commission, so far 
 as this cpiestion is concerned, and the Fish Conunission, which the Senator interjected 
 into my remarks. 
 
 Mr. JPlatt, of Connecticut. May I make an inquiry? 
 
 Mr. Si'ooNER. Certainly; everybody maj^ make an inquiry. 
 
 Mr. Platt, of Connecticut. What does the Senator think would be the effect on the 
 efficiency of the Interstate Commerce Commission if it should be transferred from its 
 present somewhat independent position? 
 
 Mr. Spooner. I think the tendency would be to destroy it. 
 
 Mr. Platt, of Connecticut. I think so, too. 
 
 Mr. Spooner. I think that is the object. No; I will not say that; but I flunk it 
 would have that effect. 
 
 Mr. President, I think the Department of Labor either ought to be transferred to 
 the proposed Department of Commerce or I think the bill ought to be very carefully 
 amended or considerably changed, one or the other. 
 
 The Bureau of Statistics is made by this bill to perform this function: 
 
 It shall be the province and duty of said Bureau, under the direction of the Secretary, to foster, 
 promote, and develop the various manufacturing industries of the United States, and markets for the 
 same at home and abroad — domestic and foreign. 
 
 That looks like a repetition. 
 Mr. Hale. From what is the Senator reading? 
 Mr. Spooner. I am reading from section 5 of the bill. 
 Mr. Hale. Is that a department or a bureau? 
 Mr. Spooner. The bill reads: 
 It shall be the province and duty of said Bureaii. 
 I shall read from the beginning of the section. 
 
 That there shall be in the Department of Commerce a bureau to be call^ a Bureait of Manufac- 
 tures, and a chief of said Bureau, who shall be appointed by the President, by and with the advice 
 and consent of the Senate 
 
 Mr. Hale. That is the one. 
 
 Mr. Spooner. JNIy argument reaches substantially that. 
 
 It shall be the province and duty of said Bureau, under the direction of the Secretary, to foster, 
 promote, and develop the various manufacturing industries of the United States, and markets for the 
 saoic at liomc and al)n>ad, (lomcsti<' and forcit;!!, liy gathering, compiling, publishing, and .supplying 
 all available and useful information ciniccrning such industries and sucli markets, and by such other 
 methods and means as may be prescribed by the Secretary or provided by law. 
 
 That makes it the duty of this Bureau, under the direction of the Secretary, to 
 obtain statisti(;s relating to our domestic commerce, to our foreign commerce-, to the 
 condition of our industries, and within the general scope which is here ]>rescribed. 
 
 This was one reason why I thought the amendment of my colleague [Mr. C^uarles] 
 ought to be adopted, to prevent the duplication of the gathering of statistics, or, 
 rather, the gathering of duplicate statistics, at great cost. 
 
 The Btireau of Statistics is transferred with the same duties. Its chief shall — 
 
 under the direction of the Secretary of the Treasury, annually prepare a report on the statistics of 
 commerce and navigation of the United States with foreign countries to the close of the fiscal year. 
 
 The Senator from Iowa [Mr. Allison] read this yesterday: 
 
 The Chief of the Bureau of Statistics shall prepare an annual statement of all merchandise passing 
 in transit through the United States to foreign countries, each description of merchandise, so far as 
 practicable, warehoused, withdrawn from warehouse for consumption, for exportation, for trans- 
 portation to other districts, and remaining in the warehouse at the end of each fiscal year. 
 
LEGISLATIVE HISTORY 5l7 
 
 Then tlic law providt's that— 
 
 Till' Cliii'f of tlio Bureau of Statistics sliall oolloot, diprest, and arrange, for the use of Congress, the 
 statistics of Ihc inanufaolures of tlic Uiiito<i States, their localities, soiin'es of raw material, markets, 
 exchanges with the jiroducing regions of the country, transportation of products, wages, and such 
 other conditions as are found to allect their prosperity. 
 
 It could not well be made any broadei'. 
 
 Now, when yon turn to the <lnty of the Commissioner or head of the Dejiartment 
 of Labor, you lind that he is re(|uired l)y law to do this! It is proposed to keep it an 
 independent department, charged I)y law with the same duties and functions now 
 imiK)sed upon it under the supervision of no Cabinet ofHcer. In view of what I 
 have read as to other statistical l)ureaus, I ask the Senate for a moment to listen to 
 this: 
 
 That the Commissioner of liahor, in accordance with the general design and duties referrcil to in 
 section 1 of this act — 
 
 Which are very large, being t(j — 
 
 acquire and dilTuse among the people of the United States useful information on subjects connected 
 with labor, in the most general and comprehensive sense of that word, and especially upon its rela- 
 tion to capital, the hours of labor, the earnings of laboring men and women, and the means of pro- 
 moting tlieir material, social, intellectual, and moral prosperity. 
 
 Now, here are his duties: 
 
 To ascertain, at as early a date as po.ssible, and whenever industrial changes shall make it essen- 
 tial, the cost of ]irodueing articles at the time ilutiable in the United States, in leading coiintries 
 where sucli articles are ]:>roduced. by fully sjiecilied units of production, and under a classilication 
 showing the dilVerent elements of cost, or approximate cost, of .such articles of production, including 
 the wages ])aid in s\ich industries jier day, week, month, or year, or by the piece; and hours employed 
 per day: and tin- protits of the maiuifacturers and producers of such articles; and the comparative 
 cost of living, and the kind of living. 
 
 More specific, but covered l>y the general language, is it not, of the other pro- 
 vision : 
 
 "It shall be the duty of the Commis,sioner also to a.seertain and report as to the eflfeet of the cus- 
 toms laws, and the effect thereon of the state of the currency, in the United States, on the agricul- 
 tural industry, especially as to its ell'cct on mortgage indelitedness of farmers;" and what articles are 
 controlled by trusts or other combuiations of capital, liusiness operations, or labor, and what effect 
 saiil trusts or other combinations <_if ciipital, busines.s operations, or labor have on production and 
 prices. He shall also establish a system of reports, by which, at intervals of not less than two years, 
 he can rejiort the general condition, .so far as production is concerned, of the leading industries of 
 the country. 
 
 And he does. Now, as we are going along, that should be changed so as to avoid 
 a large duplication, at great expen.se, of the statistics, or it should be transferred to 
 the Dejiartinent of Connnerce, with authority in the Cabinet ofhcer at the head of 
 that Department so to redistribute between the two bureaus, as was jn-oposed by the 
 amendment of my colleague [Mr. Quarles] the duties as to gathering the statistics as 
 to prevent duplication. 
 
 As the law stands now you have the Geological Survey, at great expense — as was 
 stated by the Senator from Iowa [Mr. AIli.«on] the other day, and it is true — pro- 
 curing statistics as to mining, and you find the same duty imposed upon this Depart- 
 ment. While I am in favor of the l)ill and believe in the creation of this new 
 Department, I think what i>arti('ulai-ly ought to engage the attention of the Senate 
 now, if these various departments and Inireaus are to be withheld from this Depart- 
 nient, where power is to be lodged to supervise and redistribute, so far as the gather- 
 ing of statistics is concerned, is that some provision by amendment to this bill should 
 be made which would prevent this duplication. 
 
 Mr. Bacon. Will the Senator from Wisconsin jiermit me for a moment? 
 
 Mr. Spooner. Certainly. 
 
 Mr. Bacon. What does the Senator say with reference to section 8 of the law, which 
 directs the Commissioner to make reports to the President and to Congress, and also 
 to make rejiorts on particular subjects when called on either by the President or by 
 either House of Congress. 
 
 Mr. Spooner. From what law does the Senator read? 
 
 Mr. Bacon. The law creating the Department of Labor, which the Senator has 
 been discussing. I think he has it before him. He read the seventh section. 
 
 Mr. Spooner. Does the Senator mean the Department of Labor act? 
 
 Mr. B.\coN. Yes, sir. The Senator read the seventh section and said there ought 
 to be an amendment. 
 
 ]\Ir. Spooner. I was dealing with the duties to show that they involved a duplica- 
 tion of statistics. 
 
 Mr. Bacon. I understand that, and I call the Senator's attention to the fact that 
 the present law requires the Commissioner of Lal)or to make reports to the President 
 and to Congress, and also when called upon l)y cither the President or either House 
 
518 LEGISLATIVE HISTORY 
 
 of Congress to make reports on particular subjet-ts, and also t(5 make to Congress an 
 annuar report as to the money expended. There is no provision in this bill as to 
 whether or not these provisions shall remain in force. The question I desire to ask 
 the learned Senator is whether in his view, if the Department of La])or is made a 
 division of the Department of Commerce, tiic law should be changed in that regard, 
 or whether it is the idea of the Senator that the duty of reporting directly to Con- 
 gress is taken away from this Dei^artment? 
 
 Mr. Spoonek. I am not certain that the Senator from Georgia is right that there is 
 no such provision in this bill. 
 
 Mr. Bacox. Well, possibly not. 
 
 Mr. Spooner. It says: 
 
 And p rm ' ided fitrthe r 
 
 Mr. Bacox. It is not in that particular provision, but there may be some general 
 provision. 
 
 Mr. Spooner. It says: 
 
 And prnridrd further, That all laws prescribing the work and rteflning the duties of the several 
 bureaus, ofiiees, "departments — 
 
 That is drawn with reference to the inclusion of the Department of Labor. 
 
 or branches of the public service by this act transferred to and made a part of the Department of 
 Commerce shall, so far as the same are not in conflict with the provisions of this act, remain in full 
 force and effect until otherwise provided by law. 
 
 I suppose under that it would be the duty of the head of the Department of La,bor 
 to transmit to Congress through the Secretary of Commerce the reports required 
 by law. 
 
 Mr. Bacon. Is it your idea that under the bill as now drawn, if it shall be enacted 
 into law, these provisions would still l:»e in force, and that the Commissioner would 
 simply send his report through the head of the Department rather than direct to 
 Congress? 
 
 Mr. Spooner. That is my understanding. 
 
 Mr. Bacon. There is no bureau or department of Government — not one — which 
 is a subordinate division of an executive department that reports to Congress. 
 
 Mr. Spooner. I understand that, but this Bureau is transferred by the present bill 
 with this provision: 
 
 That Jill onricers. clerks, and emploveos now employed in any of the bureaus, offices, departments, 
 or branches of the public scrvire in tliis act transferred to tlie iJepartment of ("ommcrce are each and 
 all hereby transferred to said Department at tlicir i)resent grades and salaries, excejit where other- 
 wise provided in this act. 
 
 Then follows the provision which makes them all subject to discharge the duties 
 now imposed by law, except where qualified by this act. I discover nothing in this 
 proposed act which repeals the law which imposes that plain duty upon the heail oi 
 the Department of Labor, and I assumed in looking it over that it remains. I think 
 perhaps it would be considered to l^e modified in this respect, under the rule which 
 has always i)revailed, that if either House of Congress desired special information 
 from that Department it would direct the Secretary of Commerce to afford it. 
 
 Mr. Bacon. What would we do if the Secretary of Commerce declined? 
 
 Mr. Spooner. What would we do if the head of the Bureau of Labor should de- 
 cline? 
 
 Mr. Bacon. I think we would deal witli him. 
 
 Mr. Spooner. How would you deal with him? 
 
 Mr. Bacon. Well, if I had "the votes of the Senate in my control I would deal with 
 him very peremptorily. 
 
 Mr. Spooner. How? 
 
 Mr. Bacon. In the first place, I would not pay him any salary. That would be 
 one way to deal with him. 
 
 Mr. Spooner. Could you not deal with the Secretary in the same way? 
 
 Mr. Bacon. Certainly. I merely asked the Senator as a sort of side issue. 
 
 Mr. Spooner. I have said all I care to say. 
 
 Mr. McCuMBER. Mr. President, I have been listening to this debate with the hope 
 of obtaining information as to some particular function, some power that was lodged 
 in this new Commerce Department, whereby it could become necessary to attach to 
 it certain of the other bureaus, and without which it would not have its power of 
 action. Taking away from this l)ill certain statistical bureaus seemed to disturb the 
 Senator from Wisconsin to a great extent, and he asked the pertinent question, ^Vhat 
 will there be left for the Department of Commerce if we take away each and all of 
 these bureaus? Now, I might ask him, How do these bureaus assist him in any way 
 
LE(nSLATIVK HISTORY 519 
 
 siiiil)lv by bocnniing a portion of this piirticular Dejiartment? What power, what 
 control, what authority ha.s the now Secretary of Commerce over any of these 
 Imieaiis wliich are to l>e })lace(l un<ler him and snl)ordinate to that i)artic>iiar Depart- 
 ment? I can not see that he lias any sncii jjower. 
 
 Toltesure, the bill says that the Secretary is to foster and develop and i)romote 
 our commerce; but how is he to do it? lie is to do it simply l)y <;atherin^ statistics 
 and repDrtiny; tlu'm. What is there to prevent his f;atherin<,' those statistics from 
 each of these separate l)ureans where they are now located as well as though they 
 were made part and i)arcel of his }iarticular Dejjartment? What is this I)e])artment, 
 anyway, but a mere statistical body? What does it create? What does it promote? 
 What doi's it control? Not even the eonunerce. It has no influence over it in any 
 way except as it may report the statistics, and as an advisory arm of the (Tovern- 
 meiit. It controls n'othinj:; it tjoverns nothin;;. It simply reports, and that being 
 the ease, it seems to nie it is nothinjj more tlian a mere statistical bureau. 
 
 We can not say the same of tlu> other departments. The Treasury Department 
 controls; it governs the matters that are i>articularly })ertinent to it. The Interior 
 I)e])artment lias <reneral control over intericir affairs. The Indian Department is 
 made a ])art of it and acts under its power and authority. It is one of the particular 
 arms throui;;}) which it carries out its power and assists it in performing its particular 
 functions. That is not true, however, of this Department. 
 
 Now, what rule should govern in determining what particular bureaus should come 
 under and be made subordinate to the Department of Connnerce? Certainly we 
 nmst say it nuist be something that is ])ertinent. I can not see any more reason for 
 taking under this particular jurisdiction the r.ureau of Lal)or than there would be 
 for taking under it the whole Department of Agriculture. We can not have any 
 commerce without our having agricultural exports. 
 
 Every one of those things has a certain connection with some other matter, and 
 they are important connections; and if we are to determine it simply by the rule 
 that there should go nnder and be subordinate t(^ this new Department everything 
 which has any connection whatever with connnerce, then we have to bring the whole 
 thing nnder it, because there is no one of our industries which has not its regular 
 connections with other industries and is affected by them, and therefore the Depart- 
 ment of Commerce might lie said to overlook and control and govern, and they all 
 should be brought mider its particular wing. 
 
 It seems to me there are certain things which are pertinent, some things immedi- 
 ately coimected Avith it, which it might be proper for it to have nnder its sole con- 
 trolas an advisory board; but if you take the Dejtartment of Labor, the Department 
 of the Census, or any of these other sul)ordinate l)ureaus and place them under the 
 Department of Commerce you will simply have 1)ureaus with only the remotest con- 
 nection with commerce, aiid after all yon have them under a secretary whose whole 
 force can do nothing but give statistics, and he can get his statistics just as well from 
 the Census Dureau, which furnishes four-tifths of all of the data, the raw material out 
 of winch these statistics are compih^l, as to take a certain portion of the records and a 
 certain ])ro]>ortion of the clerical force of that Department force and detach them 
 from their original Department and place them in another one to which they do not 
 belong. 
 
 The Census Department is continually getting the raw material out of which the 
 greater ]>ortion of these statistics must come. This new Dejiartment must get all its 
 information from the several bureaus of the Government, and I am perfectly willing 
 to ailmit that I can not see, contrary to the idea of the Senator from Wisconsin, that 
 any injury whatever would be (lon(> to the Department of Connnerce if every one of 
 these bureaus were taken away from it and it got its data from them, as they are 
 attached to the proper arms of the particular department to which they naturally 
 belong. 
 
 I think I have said all I desire on this subject, and I confess I can not see why a 
 department J >urely statistical in its character shonl<l necessarily take nnder its par- 
 ticular wing all tlu> other bureaus which furnish the raw material, and if I agreed 
 that it must do that, then I certainly would not know where to draw the line 
 between what should be left i)ut and what should be taken in. 
 
 Mr. Cii.i.oM. I move that the Senate i)roceed to the consideration of executive 
 business. 
 
 Mr. Ci.AV. Will the Senator from Illinois withdraw iiis motion for a moment, not 
 exceeding two? 
 
 Mr. CtLi.oM. Certainly. 
 
 The PRKsiniNG Okfu-kr (Mr. Perkins in the chair). The motion is withdrawn. 
 
 Mr. Ci.AY. IVIr. President, I am unwilling to be entirely sih^nt and have it inti- 
 mate<l that any member of the minority of the Commerce Con nnittee desired in any 
 
520 LEGISLATIVE HISTOEY. 
 
 way to antagonize the interests of the labor organizations of this country. I have been 
 in public life a long while, and never in my life have I cast a vote or made a speech 
 antagonistic to their interests, and 1 do not believe a single member of the Commerce 
 Committee desired in any way to antagonize their interests in making a favorable 
 report on this bill. In considering this bill before the Committee on Commerce 
 there was never an intimation that a single labor organization in this country was 
 against a favorable report, or against the very feature of the bill which we have been 
 discussing. 
 
 Tlie first time I ever heard at any time that the labor organizations in any way 
 opposed this change was from the President of the Senate no longer ago than yester- 
 day. I desire to state that, on the contrary, the committee in considering this matter 
 were informed and believed that the Labor Department and the labor organizations 
 were really in favor of this change. It was not the purpose of that committee in any 
 way to antagonize that interest. We simply thought that the Labor Department would 
 be as efficiently administered under the new Department as it had been administered 
 in the past. AVe simply thought that by reason of the transfer the Labor Department 
 would aid the Commerce Department in the discharge of its duties. 
 
 We thought likewise in regard to the Census Department. We did not desire to 
 destroy or impair in any way the efficiency of those departments. We simply desired 
 to take those departments and transfer them to the new Department to aid the new 
 Department in carrying out its duties, without in any wise affecting the efficiency of 
 the departments which were to be transferred. No one can say that I have at any 
 time ever antagonized the interests of the labor organizations of our country. 
 
 The further discussion was taken up in the Senate on January 27, 
 1903. 
 
 Mr. Nelson. I ask unanimous consent that the Senate proceed to the consideration 
 of the bill (S. 509) to establish the Department of Commerce. 
 
 There being no" objection, tlie Senate, as in Committee of the Whole, resumed the 
 consideration of the bill. 
 
 The President pro tempore. The question is on agreeing to the amendment pro- 
 posed by the Senator from Alabama [Mr. Pettus]. 
 
 Mr. Nelson. I have here a communication from the secretary and treasurer of the 
 Knights of Labor bearing upon the question of this amendment, which I should like 
 to have read by the Secretary. 
 
 The President pro tempore. If there be no objection, the communication will be 
 read. The Secretary will read as requested. 
 
 The Secretary read as follows: 
 
 Office of General A.ssembly, 
 Order of Knights of Labor, 
 
 Washingiun, I). C, January 2/^, 1902. 
 Hon. Knute Nelson, 
 
 United States Senate. 
 Dear Sir: I have read carefully the discussion poing on in the Senate for and against includingr 
 the Department of Labor in your bill for the establishment of a Department of Commerce, and send 
 you herein a few facts beariiig upon the matter from the standpoint of the Knights of Labor. 
 Very truly, yoiirs, 
 
 JNO. W. HAYES, 
 General Secretary- Treasurer. 
 
 To the I'nUcd States Senate. 
 
 Gentlemen: The opposition to the Labor Department being included in the proposed Department 
 of Commerce is confined to a few labor men who probably have "axes to grind " with the present 
 organization of the department. The great mass of organized labor will be ghid to see it included in 
 the new Department, so that there may be a competent and responsilile liead to direct its work. 
 This is the more necessary from the point of view of organized labor, l)eeanse from the very begin- 
 ning the department hasbeen conducted as a personal asset of the Commissioner. It has been of 
 littieeonse<]uence f)r value to those whom it was organized to aid, an<l more than one-half of its 
 reports are false and misleading. 
 
 A Department of Labor with a Secretary of Labor entitled to a seat in the President's Cabinet 
 would be very acceptable to the working men of the country, but the realization of such a thing is 
 so far remote that it is not worthy of attention. There is nothing in the present nor in the near 
 future to warrant eventlie Imjie that Congress will establish an executive department for the 
 exclusive benefit of the workingman, 
 
 I look upon the proposed Department of Commerce as a decided step forward in the interests of the 
 workingman. Anything that will promote the interests of our industries and help to increase the 
 
LEGISLATIVE HISTORY 521 
 
 sale of Amorifan products will bo a benefit to the workiiigmcii who help to make and transport 
 those products, mid any measure that will tend to brinp the Labor Department nearer to a (Cabinet 
 position, where the interests of the workingmen and women can be direetly considered and acti'd 
 upon with as much free<iom and with as much rifjht to <lcmand a hearing; as the interests of llie com- 
 mercial and manufaclurini,' institutions of the co\uitry, will receive the umiualitied apjiroval ami 
 indorsement of the masses of workiUKmeii, whether orKani7.e(l or not. 
 
 It is the manifest i)urpose of the iiroposcd Deiiartmeut of Commerce to bring- together under one 
 resi)onsible head all the bureaus in other departments which have any relation or connection with 
 the eonnnercial and manufacturing interests of the<'ountry. 
 
 It lias lieeii said that the Labor Department has no connection with these interests; that it is an 
 educational and .MMeutilic bureau, etc. This .sounds well, but I venture to .say that the honorable 
 geiitU'inen who hold these views are not very well aciiuiiinted with the means that are employed by 
 the clerk< and agents in collecting and compiling the statistics sent out by the Labor Dcp.irlmcnt. 
 
 Tin- Labor Department lias, orouplit to have, as much relation to the manufacturing and commer- 
 cial interests as any other branch of the Government service. It was created at the re(iuest of 
 organized labor for the expres-s purpo.se of looking after the interests of labor, as will be shown 
 further on. 
 
 Will anyone deny that matters which either impede or improve the progress and v.elfaro of our 
 manufacturing and commercial interests <lo not have a corresponding elTcct upon the workingmen 
 and women emi)loyed by tho.-^e great interests? Will anyone take the jiosition that the interests of 
 the manufacturer and workingman. who stand in the relation of employer and emi>loyee, should not 
 be considered jointly in matters alVecting the welfare of both, and which, from the very nature of 
 things, must be acted iii)on and determincil by the head of the new Dejiartment? And, furthermore, 
 is it not obvious that the interests of both can be better served and promoted by having a respon.sible 
 representative in the Cabinet, whose sworn duty it will be to look after the welfare and act honorably 
 and impartially toward both? 
 
 For the piirplise of correcting several errors that appeared during the debate on Senate bill .i69, 
 providing for a liepartment of Commerce, while the bill was under dis<'Ussion in the iSen.ite, as well 
 as to place the Lalior Department in its proper position liefore the country, a position which it has 
 earned by catering to all the " isms " advanced and .suggested by a host of theorists and necromantic 
 labor reformers, I submit herewith a brief outline of the facts relating to the establishment of the 
 Labor Department. 
 
 The enactment of the law providin.g for the Labor Department was the result of special agitation 
 and work on the part of the order of the Knights of Labor and its officers. Early in the year 1886 
 Mr. T. V. Powderly, who was then the general master workman, and John W. Hayes, who was the 
 secretary of the general executive board, had a conference with President Cleveland to secure his 
 cooiieration in extending the usefulness of the Bureau of Labor; to require the Commissioner to 
 make a thorough investigation into the cause and trouble that resulted in the h^outhwest strike on 
 the Gould system of railways, which strike was in progress at that time. At that conference the 
 question of "establishing a Cabinet department known as the Department of Labor was fully and 
 freely di.scussed, together with the objects which we had hoped to accomplish by our visit, the 
 sending of a special message to Congress that an arbitration department be created and connected 
 with the Bureau of Labor. On April 22, 1886, President Cleveland sent the message to Congress in 
 line with our suggestions. 
 
 The following year Mr. Powderly, the general ma.ster workman of the order of the Knights of 
 Labor, in his rei)ort to the general assembly, recommended the enactment of a law establishing a 
 Department of Labor. The report will be found on page 1.532, Proceedings of the General A.ssembly, 
 1887, and is as follows: 
 
 "I believe the day has come for united labor to ask at the hands of Congress the passage of a law- 
 creating a Department of Labor at the seat of the National Government. I would respectfully ask of 
 the coinmilti'e on legislation to prepare a bill and introduce it to the Congress at the next session. 
 We have to-day a Department of War; we do not need it at all in comparison to a Department of 
 Labor. The Navy Department is not such an important one, for we do not require the use of a very 
 extensive National Navy. The prosperity of the whole country rests on the broad shoulders of labor, 
 and there is notliing now so prominently before the nation and the world as the question of labor. 
 Nearly every action taken now by the Executive or his Cabinet deals in one way or another with the 
 questions of" labor; its ramifications extend .everywhere, its power is felt everywhere, and its useful- 
 ness is now re<'ognized everywhere. All this being true, it is no more than just that the President 
 should have, as a member of his Cabinet, a man who represents more than war, more than a few 
 ves.sels, more than a sentiment, more than a class. Labor can not be called a class, for it is every- 
 where. To have a man in his Cabinet with whom to consult on the questions of labor, the President 
 would be in a better position to deal with the questions of capital. Labor to-day is entitled to far 
 more at the seat of government than a mere bureau, but it will not receive any more unless it asks 
 for it. I recommend that it ask for the establishment of a Department of Labor." 
 
 Tills recommendation was referred to the committee on legislation who, after considering the mat- 
 ter, reported — i)age 1770, Proceedings of the (Jeneral Assembly, 1887 — as follows: 
 
 "In order to concentrate our efforts we recoinmeiKl that the following national measure be made 
 the object of our especial endeavor during the existence of the Fiftieth Congress: 
 
 " A liepartment of Labor, the head of which shall be a member of the Cabinet, said Department to 
 have a division orbureau foreach distinct form of industry, such as agriculture, mining, manufact- 
 ures, etc., and its powers for the investigation of the condition of labor, and for the promotion of its 
 welfare, to be as extensive as the most liberal construcli<^n of the Constitutif)n will allow." 
 
 This proposition having been pas.sed by the general asseml)ly in general convention, was referred 
 to the committee on legislation, who were stationed at Washington. This committee took the matter 
 in hand, jirepared the necessary bill, had it intro(luce(l in tJongress, and were successful in creating 
 the ))resent Department of Labor. Their report, which will be found on page 2, legislative report, 
 I'rocec(liugs of the General A.sseinbly, ls,s8, is as follows: 
 
 "Among the measures that were intrusted to our care by the general as,scmb!y at its session in Min- 
 neapolis, 1887, we have- to report the following in relation thereto: 
 
 " DEPARTMENT OF LABOR. 
 
 "The bill to create a Department of Labor was introduced in the House from the Committee on 
 Labor by Representative John J. O'Neill, chairman of that committee, on March l.'i. It i)as.sed the 
 House on Aj)ril 18; was by the Senate referred to the Committee on Education and Labor, and reported 
 back by the chairman of that committee. Senator Blair, and pa.ssed the Senate with certain anuMid- 
 ment-s oii May 22. Conferees were appointed to meet those appointed from the House on the amend- 
 
522 LEGISLATIVE HISTORY 
 
 monts ofiorcd l)y the Senate. The Senate and House conferees met on May 31, anrt agreed upon the 
 amendments." 
 
 A reading of the law shows tliat it is tlie duty of the Commissioner— 
 
 "Toiic<juire aTid dilTuse among tlie i)eoi)le of the United Stales useful information upon subjects 
 connectecl with lalior in the most general and comprehensive sense of the word, and especially upon 
 its relation to cajiital, tlie liours of labor, the earnings of laboring men and women, and the means of 
 promoting their material, social, intellectual, and moral ])rosiierity." 
 
 Section 7 sets out in detail just what the duties of tlie Commissioner shall bo in properly carrying 
 out the aims an<l objects f)f the law. It does not provide that statistical information bearing lipon 
 the <|ueslions of lalior shall be guessed at and written up by agents wIki are miles away from tlie 
 manufacturing institutions which they are supposed to have visited and collected tlie inl'orm.ation 
 from. Jt docs not provide for the collection of statistics bearing on the number of divorces granted 
 in the United States. It does not provide for the collection of data bearing upon thc(|uestion of 
 wages, prices, etc., which can be changed and comjiiled to suit the political party in ]iowcrat the 
 time. It docs not provide that sjiecial statistics be collected and compiled to favor a i>arliculftr 
 political party, and circulated previous to an election. In other words, it does not provide that the 
 Department should be a Democratic l)e]>artment when the Democrats are in power, and a Republican 
 Department when the Rciiubli! aiis are in power; nor does it provide that the Dejiartment shall be 
 run as an experimental station to exploit the theories and fancies of a lot of deluded so-called econ- 
 omists, statisticians, and labor saviors. 
 
 It provides that honest and reliable information shall be collected, compiled, and published in the 
 interest of the j)eoi)le. We have no hesitation in saying that this lias not been the case regarding all 
 of the statistical inlVirmation so far collected and pnblislied by this Department. 
 
 It is doubtful if wo will ever be honored with a departmentof labor whose secretary will comprise 
 one of the President's Cabinet. The interests of labor need a spokesman in the rresidcut's ('al)inet, 
 and some recognition at the hands of the President. It can not get this recognition tku- be repre- 
 .sented in the Cabinet tmlcss we accept the proposition submitted by the honorable Senator, Mr. 
 Nelson, and place the Labor Bureau, for that is all it ainonnts to, under the jurisdiction arid control 
 of the Department of Commerce. This will make it incumbent upon the Secretary to be ever watch- 
 ftil of the interi'sts of all branches and bureaus of his department. It will enable tlie workers to 
 bring all matters bearing upon the interests of labor to the attention of the President and his Cabi- 
 net, and give ns an advocate and representative at all sessions. In the event of great labor disturb- 
 ances throughout the country we will have a secretary with authority to use his great ollice in the 
 interest of a proper adjustment of .said disturbances. It will force and compel the consideration by 
 the Cabinet of all such disturbances, and we can look forward to a more speedy and just settlement 
 of such affairs. 
 
 Compare a department with authority to act and to whom, the people of the entire country would 
 look and expect an honest and jvist opinion with the miserable apology or makeshift olTered us 
 through the i>rt'si'nt Department of Labor, without authority to recommend, with simply the power 
 to investigate ami report, with the privilege accorded its representative to sit in the anteroom while 
 the Cabinet ollicers are discussing matters in which labor is interested, with that of a secretary 
 who would have aright to sit and discuss all matters. Would it not bring us nearer to the idea 
 sought t» be accomplished when we started the agitation for a department of labor? Would it not 
 give us, in a small way, of course, a Cabitiet position for labor? Would it not at least jilace labor 
 upon an eimal footing with capital in .so far as it would have a right to demand ami insist upon a 
 just consideration of its interests? 
 
 I trust that the mi'inbers of Congress and the Senators of the United States will see this matter in 
 the same light that we do, and will place the present Labor Bnreauln the Department of Commerce, 
 and later, when the opportunity is ripe for adding another member to the official family of the Pres- 
 ident, we may be able to have a .secretary over a department of labor and industries. 
 
 ,Tno. W. H.vyes, Gencml Scrrrinni-Trraaiirfr. 
 
 Mr. Nelson. The pending question is on the amendment of the Senator from Ala- 
 bama [Mr. I'ettiis] to strike out the Department of Labor from the bill. 
 
 The Presidin(; Officer (Mr. Piatt, of Connecticut, in the chair). The amendment 
 will be stated. 
 
 The Secret.vry. In section 4, page I!, lines IS and 19, strike out the words "the 
 Department of Labor." 
 
 The Presiding; Officer. Is the Senate ready for the question? 
 
 Mr. Jones, of Arkansas. Mr. President, I have listened to some of the argtniients 
 which have just been presented to the Senate to show why the Labor Pureau sliould 
 be put in this proposed new Department, but none of them satisfy my mind. I have 
 in my hands a protest coming from large labor organizations against this action, and 
 I will read it to the Senate. It is addressed to the Senate. It was htmded to me, 
 and perhaps should have been sulmiitted at the time petitions and memoriiils were 
 presented, but it may as well be done now. 
 
 Washington, D. C, .hinuary 2-2, 1<.)02. 
 To the honorable the Senate of the United States: 
 
 As the representative of the Brotherhood of Locomotive Engineers, the Brotherhood of Locomotive 
 Firemen, the Orderof Railway Conductors, the Hrolherhood of Itailroail 'rrainmen, and the orderof 
 Railroa<l Telegraphers, I earnestly but respectfully protest, on behalf of these organizations, against 
 that part of the iiending bill (S. .'iiiy) which jiroposcs to place the Department of Labiir under the 
 Department of Commerce. 
 
 The Department of Labor was created in the general labor interests of the coimtry upon the recom- 
 mendation and in II neiice of organized labor. The Dctiartment of Labor's usefulness has been steadily 
 growing, and its bcnelils to the laboring classes are uininestioned. To subordinate this Dc|>artment, 
 as is proposed in this bill, might render it useless for the purposes for which it was created, because 
 it would l)e subject to the domination of a Cabinet otiicer who might be selected at the instance of 
 and in the interests of employers of labor rather than at the instance of and in the interest of the 
 laboring ]ieo|)le themselves. 
 
 It is the hope of the laboring people of this country that an independent Department of Labor 
 having a Cabiiu't oHicer as its otticial head may be create(l. This elementof our citizenshiji, comi>ris- 
 ing a:i it does the great majority of our population, is certainly worthy of such recogniliim, and that, 
 too, by this (Umgress. 
 
 Respectfully submitted. II. R. Fuller. 
 
LEGISLATIVK HISTORY 523 
 
 Mr. l"'iill('r ,<itj;iis tliis iiicmoriMl as tlic rcprcsciitatiNi' of the difffifiit or<;aiiiziitions 
 iiaiiu'd. 
 
 Now, Mr. I'ri'sident, it siH'ins to mo it is a jx'ilVctly roas()nal)li' antici]>atiou that 
 ill case this new ('al)iiiet otlicer is seiecteil it will In^ insisted that the Secretary shall 
 be a man who is familiar with connnerce — who is connected with great cDnnnenial 
 enterjirises — anil he will necessarily be in sympathy with the employers of labor 
 rather than with the laboicrs themselvi's. 
 
 Mr. Wki.i.inctox. Will the Si'nator 2>erinit a (|uestion'.' 
 
 ^[r. JoNKs, of Arkansas. Certaiidy. 
 
 Mr. Wici.i.iNOTox. J observe that the inciiKnial lu- has read is signed only ])y a 
 ]ierson named Fuller. 
 
 .Ml-. Jones, of Arkansas. Yes. 
 
 Mr. Wkli.inctox. There are a mnnlier of organizations named there, and they are 
 powerful ones. Jtseemstomothat if they intended to send to the Senate of the Ihiited 
 States any <'t)nHnnnii'ation it would be sent oHicialiy by (hem and signed by their 
 ollicers. _ I (|nestion, as that document is signed, whether we can consider it as com- 
 ing from the allied oiganizations which it ])retends 1o rei)resent. 
 
 Mr. JoNKs, of Arkansas. This gentleman, Mr. Fuller, has been in Washington as 
 the rejiresentative of tiiese labor organizations for a number of years. 1 know him 
 personally. 1 have known him for a long wliile. 1 have never been present at one 
 of these labor meetings, but I have no more doubt that he represents the labor 
 organizatit)ns which are spe(!ilied here than I have that the Senator from Maryland 
 reiuesents his State. 
 
 Mr. LonoE. I will say, if the Senator from Arkansas will permit me, that I\Ir. 
 Fuller appeared before the Committee on Lnmigration the other day in connection 
 with the iiro])osed Chinese-exclusion act, and lie i)resented formal credentials from 
 all those orL'anizations authorizing him to represent them in regard to legislation 
 pending in Congress. [ think there is no donl)t of his authority at all. 
 
 Mr. Jones, of Arkansas. lam ol)liged to the Senator from Massachusetts. I know 
 that Mr. Fuller has represented these lal)or organizations here for years. I know 
 that he has i)resented the arguments in favor of legislation that these organizations 
 have been interested in. He has conducted himself like a gentleman, and seems to 
 me to be a clear-headed, strong man. He is himself a ])ractical railroad man; he has 
 been a workman on the raih'oads, and is connected with them, and is familiar with 
 their affairs. He is a man of intelligence and integrity, and the suggestion of the 
 Senator from ^Maryland that there is any doubt alxuit his representing the people he 
 claims to re])resent 1 think is entitled to no consideration and is unwarranted and 
 not sustaineil. 
 
 ]\[r. Weli-in(;ton. ^Ir. President 
 
 Mr. IMoxEV. Will the Senator from Arkansas allow me to ask him to whom he 
 refers? 
 
 The PREsii)iN(i Ofek'er. To which Senator does the Senator from Arkansas yield? 
 
 Mr. Jones, of Arkansas. I vield to'the Senator from Mississippi, and I will state to 
 him that I refer to Mr. H. K. Fuller. 
 
 Tlu' PuEsiniNo Oeficek. Hoes the Senator from Arkansas yield also to the Senator 
 from Maryland? 
 
 Mr. Jones, of Arkansas. Certainly. 
 
 ]\Ir. Wei.i-inoton. I merely desire to say that the objection I found to the paper 
 is, in my judgment, Avell founded njjon its face. I do not think that it is projier for 
 a single person to send to the United States .Senate a comnuuiication pretending to 
 rejuv.sent a large body of organizations that have their otlicial heads.- If they desire 
 to address the Senate uiion any matter, it seems to me that the ,cominunit-ation 
 shonld be otiicially i)erfect, and that this paper is not n]>on its face. Of course I 
 acce])t the exj.lanation f)ffered, but I do intend to say that 1 was warranted in find- 
 ing fault \\\t\\ tlie communication as it was read. 
 
 Mr. .loNEs, of .Arkansas. Mr. President, these labor organizations do not stay all 
 the time in Washington. The men constituting these organizations have something 
 else to do. They earn their bread by the sweat of their faces all the days of their 
 lives, and they are busy at sonu'thing else besides being here. But when they have 
 an intelligent representative, a man who stays liere to rej^resent their interests, and 
 who rejiorts to them, I think he has a right to spt-ak for them, and the Senate has a 
 right to listen to what he says. 
 
 Mr. Ci'LLOM. Will the Senator allow me to iuti'mijit him? 
 
 Mr. Jones, of Arkansas. Certainly. 
 
 Mr. Cii.i.oM. I merely desire to add that 1 myself, as chairman of the Committee 
 on Interstate (\immerce, know this gentleman, and heretofore he has been before 
 our committ(>e, F think at least twice. He always, I think, came to represent these 
 organizations, and I never heard anyone raise a (juestion as to the fact. I think he 
 is a gentleman worthy of respect. 
 
524 LEGISLATIVE HISTOKY 
 
 Mr. Jones, of Arkansas. I have known Mr. Fuller for some years. He has borne 
 himself like a gentleman and has conducted himself like a man of sense and ability. 
 He has rendered valuable services, to my certain knowledge, to tlie organizations he 
 represents here, and 1 tliink lie is entitled to the consiiieration and respect of every 
 member of this body as well as of the people outside. 
 
 The argument ]iresented by him that this new Department of Comuierce is more 
 likely to have at its head a man in sympathy with the employers of labor than of 
 labor itself seems to me to be a strong reason why the Department of Lalx)r should 
 be allowed to remain as it has been all this time, and, with these organizations, I see 
 no reason why it should be subordinated to any other. I do not believe that there 
 is any good reason for the head of this Bureau being put in any other de]iartment. 
 He can go ahead and do his work as he has done it in the past, with just as much 
 credit as he has done it, and that is the best way, in my opinion, to benefit labor of 
 all kinds, organized as well as unorganized, throughout the country. 
 
 The Presidino Officer. The question is on the amendment of the Senator from 
 Alabama [Mr. Pettus]. 
 
 Mr. Nelson. Mr. President, I suggest the absence of a quorum. 
 
 Mr. Pettus rose. 
 
 Mr. Nelson. If the Senator from Ala))ama desires to speak, I will withdraw my 
 suggestion. 
 
 Mr. Bacon. It occurs to me that the Senator from Minnesota can not do that. He 
 has suggested the absence of a quorum. 
 
 Mr. CocKRELL, The suggestion of a lack of a (juorum necessitates the calling of the 
 roll. 
 
 The Pkesidino^ Officer. The Chair thinks the rule requires that the roll shall be 
 called. The Secretary will call the roll. 
 
 The Secretary called the roll, and the following Senators answered to their names: 
 Aldrich, Bacon, Bard, Berry, Beveridge, Blackburn, Burrows, Burton, C'lark of Mon- 
 tana, Clark of Wyoming, Clay, Cockrell, Cullom, Dillingham, Dubois, I^lkins, Fair- 
 banks, Foster of Louisiana, Foster of Washington, Frye, Gamble, Hale, Hanna, 
 Heitfeld, Jones of Arkansas, Kearns, Kittredge, Lodge, McLaurin of Mississippi, 
 McLaurin of South Carolina, McMillan, Mallory, Martin, Money, Morgan, Nelson, 
 Patterson, Pettus, Piatt of Coiuiecticut, Quay, Rawlins, Scott, Simmons, Simon, 
 Spooner, Taliaferro, Teller, Turner, Vest, Wellington, and Wetmore. 
 
 Mr. Spooner ( when the name of Mr. (iuarles was called ) . My colleague [Mr. Quarles] 
 is absent from the Chanil)er liecause of illness. 
 
 The Presidinc; Officer. Upon the roll call 51 Senators have answered. to their 
 names. A quorum of the Senate is present. 
 
 On January 28, 1902, the )m11 was discussed in the Senate for the 
 last time before j^oing; to the House. ,^ 
 
 Mr. Nelson. I ask unanimous consent that the Senate proceed to the considera- 
 tion of the bill (S. 569) to establish the Department of Commerce, and that it be 
 considered without the limitation of Rule VIII. ' 
 
 The I'kesident pro tempore. The Senator from Minnesota asks unanimous con- 
 sent that tiie Senate proceed to the consideration of the bill known as the Depart- 
 ment of Commerce bill and that the limitation of five minutes be removed. Is 
 there objection? The Chair hears none. 
 
 The Senate, as in Committee of the Whole, resumed the consideration of the bill. 
 
 The President pro tempore. The question is on the amendment offered by the 
 Senator from Alabama [Mr. Pettus]. 
 
 Mr. McLaurin, of Mississippi. Let it be read. 
 
 The President pro tempore. The amendment will be read to the Senate. 
 
 The Secretary. In lines 18 and 19 on page .3, it is proposed to strike out the 
 words " the Department of Labor and." 
 
 Mr. McLaurin of Mississip])i. I\Ir. President, I do not rise to make a speech on 
 this bill, and I do not'intend to do so, but before we vote on the pending amend- 
 ment I wish to submit a suggestion tliat occurs to me. 
 
 Preparatory to doing that, I will state what I understand to be the proposition of 
 the Senator from Alabama. As I understand the bill, it embraces the Department 
 of Labor in the Department of Commerce and makes it a bureau, and it is the purpose 
 of the amendment to strike this out. I further understand from the discussion of 
 this question that there is now an indejiendent Dei)artment of Labor. It has been 
 argued here, especially by the junior Senator from Wisconsin [Mr. Qnarles] and the 
 
LEGISLATIVE HISTORY 525 
 
 senior Sciiutor from "West Vir<,'ini;i [^\v. Klkins] that the purpose of ]nittiii^' the 
 Department of Labor in the Department of Commerce is to give itdignity. In other 
 words, to give dignity to labor, to lift it up. It oceurs to me that if it be true that 
 labor and commerce are to go hand in hand, side by side, if they are of equal dignity, 
 there l)eing a l)epartment of Labor already established, which is, according to the 
 statement of Senators, an independent department, responsible to no head and respon- 
 sible to noboily excejit to tlu^ President, it might be well to make that an executive 
 dei>artment and to i)rovide for a secretary of labor and to put a Inireau of commerce 
 in the Department of I^al>or. 
 
 In the selection of the secretary of commerce or secretary of labor, as tlie case 
 might be, if it were a secretary of commerce, the President would naturally have 
 reference to sonui one engaged in connnerce. He would have reference to capital 
 instead of to labor. But if we have a department of labor instead of a department 
 of eonunerct' ami ])ut a bureau of I'onnnerce in the Department of La])or, then the 
 President, in v«electing the head of that Department, would have reference to some 
 man who was engaged particularly in labor. 
 
 I desire to read a short extract from the speech of the Senator from West Virginia 
 [:\Ir. Klkins]. llet^aid: 
 
 I lin(U'rstiui(l till' Coni!iiis.si(mor of Labor is ivs]i(iiisitik' t(j nobody but the Prosiilont. In tho multi- 
 fiirioiis dutii's that rest upon the shoulders of tlie President lie can not give these Imreaus any atten- 
 tion whatever, and for this reason we belii've that it is better to put them in the hands of a responsi- 
 ble Cabinet officer, notwithstanding the elaini of the political complexion that might attach to the 
 administration of the Labor Bureau. 
 
 The junior Senator from "Wisconsin said, speaking of this side of the C|uestion: 
 
 They propose that labor should dwell in a tent on the out-side. We propose to bring the labor inter- 
 ests right liuo the mansion alongside of commerce, alongside of capital, where they belong, that 
 they may dwell there harmoniously together; that the Labor Bureau shall not be an orphan, entirely 
 discredited and unalfiliated. 
 
 Now, if you are going to make the Labor Bureau something besides an orphan, it 
 ought not to be subordinated to the Department of Commerce — that is, if we recog- 
 nize labor as being of equal dignity to commerce. There is no more reason, as I 
 said before, why the Labor Bureau should be put in the Department of Commerce 
 than that a bureau of commerce should be put in the Department of Labor already 
 established, and it seems to l^e the idea of the Senator from Wisconsin that the two 
 are of equal dignity. Yet he wants to uplift and elevate and dignify labor by sub- 
 ordinating it to the Department of Commerce, or, rather, by subordinating it to 
 commerce. 
 
 There is one other suggestion I wish to make, and that is in reference to what was 
 said by the Senator from West \'irginia. I quote from his language. He said: 
 
 I am glad that the Senator from Mississippi [Mr. Money]^ has taken into his particular charge the 
 labor of the South. This is a new departure. It is gratifying that we find that Southern statesmen 
 are beginning to love and care for laboi' in, the South as well as in the North and all over the 
 country. 
 
 I can not see that there has been anything said by anj' man from the South that 
 would justify making this a .sectional issue. There has been no time in the history 
 of this country where any man sent to this body or the House of Kepresentatives by 
 the people of the South has not been a friend to labor. They have not only been a 
 friend to labor here, but they have been friends to labor everywhere; labor first in 
 this country, and afterwards they have taken the labor of all the countries into their 
 friendship, but especially have they l)een a friend to the laborer in the United States. 
 
 Mr. NEL.SOX. I hope that we will have a vote. 
 
 The* Pkesiukxt pro tempore. The question is on the amendment of the Senator 
 from Alabama [^Ir. Pettus]. 
 
 ^Ir. Picrns. 5lr. President, I desire to add a few words to what has. been said in 
 reference to this matter. 
 
 It has been a.sserted by the junior Senator from Ohio [Mr. Hanna], and I believe 
 by the senior Senator from West Virginia [Mr. Elkins], that the laboring men of 
 this country did not desire the Department of Labor to remain in its present condi- 
 tion; that they were not opposed to this provision in this bill. JMr. President, I 
 have no doubt that if this were a question of capital, of commerce, of mines and 
 mining, or any such cjuestion, the opinion of these distinguished gentlemen would 
 be entitled to all the weight possil)le, for those are matters with which they no doulit 
 are perfectly familiar; but it seems to me that the opinions of the leaders of these 
 organizations of labor are really entitled to more weight on a question of their indi- 
 vidual preference than are the opinions of these two distinguished Senators. 
 
526 LEGISLATIVE HISTOKY 
 
 Mr. President, labor is afrai<l of ca])ital. 1 do not suppose that any Senator would 
 have the hardihood to say that either of the Senators I have named has any fear of 
 capital whatever. Tlieir opinion on the subject of capital, if it were capital ali)ne, 
 would be entitled to the utmost Aveight; but as to giving the opinions of laboring 
 men, I do not think they are entitled to as much weight as to those who have charge 
 of such organizations. 
 
 The opinion of Mr. Hayes has been published in the Record, it having been read 
 yesterday. That gentleman, whatever may he his character and distinction and con- 
 nection with labor- — and I am ti)ld his connection is with one jiarticular organization 
 alone, and that not of the largest — in his own statement has discredited his evidence. 
 
 If any man has met tlie al)Solute approval of the United States Senate, so far as it 
 has been spoken here, it is the distinguished individual from INIassachusetts who now 
 occupies the position of Commissioner of the Department of Labor. No man in tliis 
 Senate ha^s spoken one single word to his discredit. All Senators who ha\ e spoken 
 on this suV)ject have given him the utmost credit for his diligent, faithful, and 
 untiring work, and have stated that it has been of great profit to the country. Just 
 see what Mr. Hayes says about the Connnissioner of Labor. In the first place, he 
 says that the Department of Labor has been a personal asset of the Commissioner. 
 Then he adds: 
 
 It has been of little consequence or value to those wliom it was organized to aifl, and more than 
 one-half of its reports are false and misleading. 
 
 A man who recklessly makes such a statement as that as to the work of so distin- 
 guished an officer, who has met the un(|ualilied approval of the Senate, ought not to 
 be credited in his statement on any other subject. 
 
 Mr. President, in offering this amendment I liad no idea of jujlitics in my head, 
 and I am sorry that the discussion has taken so broad a range as it has. 1 hope the 
 amendment will be adopted for the good of the country, and especially for the good 
 of those who caused this Department of Labor to )je organized in its independent 
 state. It was once coimected w itli an executive department, Init Congress in its wis- 
 dom chose to remove it and make it an independent organization, subject to the 
 orders of the executive authority of the President and the rule of Congress. Congress 
 passed on it deliberately, and it has since l)een an independent organization. I tfiink 
 if we go no further in estal)lishing a real executive Department of Labor, that we 
 should at least leave this fragment independent for the benefit of those it was espe- 
 cially designed to aid. 
 
 The President pro tempore. The question is on the amendment submitted by the 
 Senator from Alabama [Mr. Pettus]. [Putting the question.] By sound the "noes" 
 have it. [A pause.] The "noes" have it, and the amendment is rejected. 
 
 Mr. Bacon. That amendment being rejected, I offer an amendment, to insert the 
 words "and Lal)or" after the word "Connnerce" 
 
 Mr. Pettus. Do I understand that the vote just taken has been taken as in Com- 
 mittee of the Whole? 
 
 The President pro tempore. It has been. 
 
 Mr. Pettcs. And that a vote l)y yeas and nays can lie had in the^Senate on this 
 question? 
 
 The President pro tempore. No; if the proposed amendment had been adopted 
 and the words had been stricken out, then a separate vote could have been had in 
 the Senate. 
 
 Mr. Pettus. Then, if not too late, I ask for a vote ])y yeas and nays on the amend- 
 ment. 
 
 The President pro tempore. The Chair will entertain the request. The Senator 
 from Alabama asks that the yeas and nays be ordered on the amendment offered l)y 
 him. 
 
 The yeas and nays were ordered. 
 
 Mr. Bacon. Let the amendment be read. 
 
 Mr. Bate. Can we not have the amendment read, JNIr. President, before voting 
 upon it? 
 
 The President pro tenqiore. The amendment simply ])roposes to strike from the 
 bill the Department of Labor. 
 
 Mr. Bacon. As 1 understand, those who are in favor of retaining the Department 
 of Lalior as an independent l:)urean will vote "yea." 
 
 The President ])ro tempore. They will. 
 
 The Secretary proceeded to call the roll. 
 
 Mr. Pritchard (wlien his name was called). 1 have a general pair with the Sen- 
 ator from South Carolina [iNIr. IMcLaurin]. 1 f he were present, I should vote "nay." 
 
 The roll call was concluded. 
 
 Mr. Hansbkough, I have a general pair with the senior Senator from Virginia 
 
LEdlSLATIVE HISTORY 527 
 
 [Mr. Panii'l], Imt I take tlic lihcrty of Iraiisl'crriiiu that pair to tlic senior Senator 
 Inini ]{)\va [.Mr. Allison] and will vofi- "nay." 
 
 Mr. Dki'EW (after havin<r votecl in the ne<,'ative). I have a j,^'nei-al ])air with the 
 Senator from Louisiana [Mr. Mclsnerv]. As he is not present, 1 witiiiiraw my 
 vote. 
 
 Mr. M(_L.\i"KiN, of .Mississippi. My coliea'^ni' [Mr. Money] is paireil with the Sen- 
 ator from Iowa [Mr. Doilivei]. If pri'sent, my coUeaijfne wonl<l vote "yea." 
 
 Mr. Doi.i.iVEK (after iiaviiii,' voted in the iie<j;ative). I have a.pair with the senior 
 Senator from Mississippi [.Mr. Money], Imt having voted, J desire to withdraw my 
 vote. 
 
 Mr. B.\TE. I desire to say that my eolleague [Mr. Carmaek] is i)aire(l witli the 
 Senator from Wiseonsin [^Ir. Spooner]. My colleague is necessarily absent this 
 infU'niiig. 
 
 The result was announced — yeas i!>, nays US; as follows: 
 
 Yeas: Hacon, IJate, Uerry, lilackhurn; Clark, of Montana; (-ockrell, Uuhois, Gih- 
 s<in, Harris, Ihnvley, Heitfeld; Jones, of .Vrkansas; INIcLaurin, of Mississippi; Mal- 
 lory, ]\lorgan, I'ettns, Kawlins, Taliaferro, and Tillman. 
 
 Nays: Bard, JSeveridge, Buridiam, Burrows, Burton, Clay, Ctdlom, Deltoe, Dilling- 
 liam, Fairl)anks, Forakt'r, Frvi', (iallinger, (iandile, Hanna, nansl)rough, Hoar, 
 Kean, Kittredge, Lodge, .AlcComas, IMcMilhin, Martin, Millard, Mitchell, Nelson, 
 Penrose; Piatt, of Connecticut; Piatt, of New S'ork; Proctor, (juarles, Quay, Scott, 
 Simmons, Simon, Stt'wart, Vest, and Wellington. 
 
 Not voting: Aldrich, Allison, Bailey, Carmack, Clapp; Clark, of Wyoming; Cnl- 
 ])erson, J^aniel, Depew, Dietrich, Doliiver, Klkins; Foster, of Louisiana; Foster, of 
 Washington; Ilale; Jones, of Nevada; Kearns, McCund)er, M(dMiery; INIcLaurin, 
 of Soutii Carolina; Mason, Money, Patterson, IVrkins, Pritchard, Spooner, Teller, 
 Turner, Warren, and Wetmore. 
 
 So the amendment of Mr. Pettus was rejected. 
 
 Mr. B.\cox. ^Ir. Prt-sident 
 
 Mr. Nel.son. I suggest to the Senator from Georgia that there is another amend- 
 ment pending. Let us dispose of that before jiroceeding further. 
 
 Mr. Bacox. If it is one that will lead to no debate, I have no objection. 
 
 .Mr. Nelson. I do not think it will lead to any debate, but I do not know. 
 
 Mr. Bacox. T will yield for that i)urpose; but I shoidd like to get my amendment 
 offereil right in connection with the particular matter which has been pending, while 
 Senators who are to vote upon it are still present. 
 
 Mr. Nelson. Very well. 
 
 Mr. B.\con. I will offer the amendment, at any rate, and if the Senator shall then 
 desire I will consent that it l)e passeil over. 
 
 The President pro tempore. There is no amendment {lending. There was one 
 amendment printed and laid on the table. 
 
 Mr. Bacon. If there is no amendment ])ending, I now offer an amendment, after 
 the wonls "Department of Commerce," in line 4 of section 1, on page 1, to insert 
 the words "and Labor," and also — I havc^ not had the opportunity or the time to 
 look through the entire bill — wherever the words "Department of Commerce" are 
 found I ask that a similar amendment may be made, so that instead of "Department 
 of Commerce" wherever it occurs in the bill it will read "the Dejiartmeiit of Com- 
 merce and Labor. ' ' 
 
 Mr. Nelson. I will make one suggestion to the Senator from Georgia, an<I I think 
 that -will ))e better still. This bill was entitled originally "A bill to establish a 
 Dejiartment of Connnerce and Industry." I think it wouhl be well to make the 
 title "the Department of Commerce, Industry, and Labor." Will the Senator 
 accept such an amendment? 
 
 ]\Ir. Gallinoeh. That titles is too long. 
 
 Mr. B.vcoN. I have no objection in the world to it, if it is not thought to be too 
 cunil)ersome. 
 
 Mr. Gallingeu. It is very cund)ersome. 
 
 I\lr. Lodge. Undoubtedly. 
 
 IVlr. Nelson. I liave no objection to the amendment of the Senator from Georgia. 
 I simply proposed the other as a suggestion to him. 
 
 .Mr. Hale. I hope the Senator from Minnesota will not agree to add another word 
 to the title. Our invariable jiractice has been to have a single descriptive word. 
 Kach head of a department is the secretary of the department of that single name. 
 We have not gone into the cund)rous fashion that other ]>eoi>le have in creating their 
 departments. I hope the Senator in charge of the bill will modify it l>y adding the 
 words "and Labor," so as to make it the Department of Connnerce and Labor; that 
 he will not go further and encundjcr it by adding "Industry." 
 
528 LEGISLATIVE HISTOEY 
 
 *Mr. Nelson. I will say to the Senator from Maine and the Senator from Georgia 
 that I will agree to that, and will consent that these amendments be put into the 
 bill. 
 
 Mr. Hale. While I am on the floor, Mr. President, I wish to withdraw the amend- 
 ment I offered the other day, including the Interstate Commerce Commission and 
 making it a part of this new Dejmrtment. 
 
 Mr. B.xcoN. If the Senator will pardon me a moment, do I understand that the 
 amendments offered by me have been agreed to? 
 
 The President pro tempore. They have not been. 
 
 Mr. B.\coN. I think they should be first agreed to. 
 
 Mr. Gallinger. They should l)e agreed to. There is no ol)jection to them. 
 
 Mr. Hale. I tiiought they had been agreed to. 
 
 Mr. Bacon. The Senator from Minnesota [Mr. Nelson] consented to them, Imt 
 they have never been announced from the Chair as having been agreed to. 
 
 The President pro tempore. Will the Senator from Maine allow the Chair to i)ut 
 the question? 
 
 Mr. Hale. Certainly. 
 
 The President pro tempore. The question is on the amendments offered by the 
 Senator from Georgia []Mr. Bacon], inserting in the bill after the words "Department 
 of Commerce," wherever they occur, the words "and Labor." 
 
 The amendments were agreed to. 
 
 Mr. Hale. When, the other day, I offered the amendment to which I have referred, 
 several Senators very earnestly indicated their acceptance of it and desired to vote 
 for it; but I was very much impressed by tlie suggestions which came in answer to a 
 question by the Senator from Connecticut [Mr. Piatt] as to what would be the effect 
 if the Interstate Commerce Commission were put into this new Department as a 
 bureau, as I proposed. The answer was that it would probably destroy its usefulness. 
 I should not want to do that; and, reflecting upon the matter since then, I think 
 it would be unsafe to disturb that Commission. 
 
 I do not recognize the Commission as a judicial tribunal with the right to promul- 
 gate decisions as a court, and I have so said; but it deals undoubtedh' with com- 
 merce, the interstate commerce of the country, and in a way its acts are cognate to 
 the ])urposes of this bill. I should not, however, want to l)e a party to anything 
 that would impair its real efficiency, because it is undoubtedly doing some good. 
 Eather than incur the risk of doing that, Mr. President, 1 withdraw the amendment 
 which I proposed. 
 
 ]Mr. CuLLOM. Mr. President 
 
 The President pro tempore. Does the Senator from Maine yield to the Senator 
 from Illinois? 
 
 Mr. Hale. Certainly. 
 
 ]\Ir. CuLLOM. I simply want to say that I expected to take part in this discussion 
 if the amendment remained in the bill or if the Interstate Commerce Commission 
 was attempted to l)e put upon the bill, as I feel very sure that it would practically 
 destroy the usefulness of the Commission. 
 
 I want to say to the Senator that it was placed in connection with the Interior 
 Department when the bill creating it became a law, but it was found l)y tlie Secre- 
 tary of the Interior, as well as by the Connnission and some of us in Congress, that 
 it worked very ))a(lly. Judge Cooley, who was then chairman of the Commission, 
 and the Secretary of the Interior agreed that the Commission should not remain in 
 that Department, and it was taken out so as to give the Commissi(jii o])pnrtunity to 
 exercise the functions placed in its hands without the embarrassment of the Interior 
 Department as a political organization. 
 
 The Commission has been run upon the theory, and I think in fact, of being a 
 nonpartisan body. AVhile it is not a judii-ial body in a technical sense, it is perform- 
 ing in a way judicial acts; that is to say, it passes upon and determines questions, 
 subject, of course, to the decisions of the courts, if the parties involved see proper to 
 take an appeal. As one of the Supreme Court judges said, the Commission is a sort 
 of a referee of the circuit courts of the United States. But I do not care to take up 
 the time of the Senate on this subject, as the Senator from INIaine has withdrawn the 
 amendment. 
 
 Mr. Hale. It was such considerations as have been stated which have induced me 
 to withdraw the amendment. I hope I shall never be in ai-ondition where, if I find 
 I am wrong in anything I have jn-ojiosed, I am not willing to recede. I think I was 
 wrong in offering the amendment, and I withdraw it. 
 
 i\Ir. CuLLo:\i. The Senator is always desirous of doing right. 
 
 I wisli to add a further word while I am ui)on the floor. I am verj^ anxious that 
 this bill shall pass and that the Department of Commerce shall be created. I think 
 
LEGISLATIVE HISTORY 529 
 
 it oufrht to have been done earlier, but if it is done now I think it will be a very 
 important thing for the eonimeroe of the nation. 
 
 Mr. LoixiK. I should like to ask if the aini'iidnient on papje 5, line 17, striking out 
 the words "upon the re(juest of the Secretary of Commerce" has been adopted? 
 
 Mr. Nelson. The Senator's amenilments were all adopted. 
 
 The President pro tempore. The amendment referred to by the Senator from 
 INIassacliusetts was adopted. 
 
 Mr. ]j(M)(iE. I wish to suggest a further verbal amendment. In line 23, on page 5, 
 stH'titin 5, after the M'ord "compiled," I move to insert "such reports to be trans- 
 mitted through the State Department." 
 
 Mr. Nelson. There is no objection to that amendment. 
 
 The Pkesident pro tempore. The question is on the amendment offered by the 
 Senator from INIassachusetts [Mr. Lodge]. 
 
 The amendment was agreed to. 
 
 The bill was reported to the Senate as amended. 
 
 Mr. Vest. I simply want to make a parliamentary inquiry. I understand now 
 that the status of this bill is that the Patent Office, the Coast and Geodetic Survey, 
 and the Census Bureau are all taken out of it. 
 
 The President pro tempore. By votes of tlie Senate; that is true. 
 
 Mr. Ve.st. Are those all the bureaus that have been taken out of the bill? 
 
 Mr. Nelson. I think those are all — the Census Bureau, the Patent Office, and the 
 Coast and (leodetic Survey. 
 
 Mr. Vest. Then, what are the bureaus which are left in the bill? Has the Geo- 
 logical Survey been taken out? 
 
 Mr. Nelson. Yes. 
 
 INIr. Vest. That makes four bureaus which have been taken out. 
 
 ^Ir. Nelson. Yes — the Patent Office, the Coast and Geodetic Survey, the Census 
 Office, and the Geological Survey. 
 
 Mr. Vest. Now, how many bureaus are left in the bill? 
 
 Mr. Nelson. There are a gi'eat many left in the bill. There is the Life-Saving 
 Service — Does the Senator want me to call his attention to them? I can not give 
 them all from memory, but I will read them if the Senator desires. 
 
 3Ir. Vest. That will be satisfactory. 
 
 Mr. Nelson. The bureaus left in the bill are the Life-Saving Service, the Light- 
 Hou.se Board, the Light-House Service, the ]\Iarine-Hospital Service, the Steamboat- 
 Inspection Service, the Bureau of Navigation, the United States Shipping Com- 
 missioners, the Bureau of Immigration, the Bureau of Statistics of the Treasury 
 Department, Bureau of Foreign Commerce in the State Department, and the Labor 
 Department. 
 
 Mr. Bacon. And the Fish Commission also? 
 
 Mr. Nelson. Yes; the Fish Commission. 
 
 Mr. Ve.st. The Senator from Wisconsin [Mr. Quarles] heretofore gave notice that 
 he would move a reconsideration of 'the vote by which the Census Office was stricken 
 out of the bill or that he would call for a separate vote in the Senate upon that 
 amendment. 
 
 The President pro tempore. That is correct. 
 
 ^Nlr. Quarles. Mr. President, instead of prolonging the debate I i>ropose to ask for 
 a separate vote in the Senate upon the adoption of the amendment by which the 
 Census Bureau was stricken out of this bill. 
 
 Mr. Vest. I so understood. 
 
 Mr. Quarles. That will answer the Senator's inquiry. The amendment has 
 already been sufficiently debated, I think. 
 
 The President pro tempore. Tlie question is on concurring in the amendments 
 made as in Committee of the Whole. Is there any request for a separate vote on 
 any amendment other than that relating to the Census Office? The Chair hears 
 none. The <iuestion is, Will the Senate concur in gross in the other amendments 
 made as in Committee of the Whole? In the absence of objection, they are con- 
 curred in. The question now before the Senate is on concurring in the amendment 
 adopted as in Committee of the Whole striking out the Census Office from the bill. 
 
 Mr. Quarles. Upon that proposition I ask for the yeas and nays. 
 
 The yeas and nays were ordered, and the Secretary proceeded to call the roll. 
 
 ^Ir. Clay (when his name was called). I understand the question is on concurring 
 in the amendment to strike out the Census Bureau from this bill. 
 
 The President pro tempore. That is the motion. 
 
 Mr. Clay. I am against striking it out, and 1 vote "nay." 
 
 27628—04 34 
 
530 LEGISLATIVE HISTOEY 
 
 The roll call having been concluded, the result was announced — yeas 5, nays 52; 
 as follows: 
 
 Yeas: Bate, Cockrell; McLaurin, of Mississippi; Pettus, and Quay. 
 
 Nays: Aldrich, Bacon, Bard, Blackburn, Burnham, Burrows, Burton, Clay, Cullom, 
 Deboe, Dietrich, Dillingham, Dubois, Fairbanks, Foraker, Frye, Gallinger, Gamble, 
 Gibson, Hanna, Hansbrough, Hawley, Heitfeld, Hoar; Jones, of Arkansas; Kean, 
 Kittredge, Lodge, McComas, McMillan, Mallory, Martin, Mitchell, Nelson, Penrose, 
 Perkins; Piatt, of Connecticut; Piatt, of New York; Pritchard, Proctor, Quarles, 
 Rawlins, Scott, Simmons, Simon, Stewart, Taliaferro, Teller, Tillman, Vest, Welling- 
 ton, and Wetmore. 
 
 Not voting: Allison, Bailey, Berry, Beveridge, Carmack, Clapp; Clark, of Montana; 
 Clark, of Wyoming; Culberson, Daniel, Depew, Dolliver, Elkins; Foster, of Louisiana; 
 Foster, of Washington; Hale, Harris; Jones, of Nevada; Kearns, McCumber, McEnery; 
 McLaurin, of South Carolina; Mason, Millard, Money, Morgan, Patterson, Spooner, 
 Turner, and Warren. 
 
 So the amendment was rejected. 
 
 The bill was ordered to be engrossed for a third reading, read the third time, and 
 passed. 
 
 The title was amended so as to read "A bill to establish the Department of Com- 
 merce and Labor. ' ' 
 
Part II 
 
 PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES 
 
 The act was received in the House and referred to the Committee on 
 Interstate and Foreign (^oinmerce on Janiuir}' 30, 1902. On January 6, 
 l!t')3, ]Mr. ]Mann, from the above coniniitteo, submitted the following 
 report: 
 
 HOUSE REPORT 
 
 The Committee on Interstate and Foreign Commerce, to whom was 
 referred the 1)111 (S. 569) to create a new executive department of the 
 (lovernmont, to be known as the Department of Commerce and Labor, 
 having had the same under consideration, })cg leave to make the fol- 
 lowing report and recommendation: 
 
 The only provisions in the Constitution in regard to Executive 
 Departments of the Government are found in section 2 of article 2, 
 wherein it is provided that the President "may require the opinion, 
 in writing, of the principal officer in each of the Executive Depart- 
 ments upon any subject relating to the duties of their respective 
 offices;" and, again, that "Congress may by law vest the appointment 
 of such inferior officers as they think proper in the President alone, 
 in the courts of law, or in the head^^ of departments." 
 
 Just what constitutes an "executive department" or the "head of 
 a department" has not l)een fully determined. It is quite certain, 
 however, that the head of such department shall not necessarily be 
 called into the President's Cabinet in order to constitute the depart- 
 ment an executive department within the meaning of the Constitution. 
 
 The President's Cabinet is extraconstitutional. It is not provided 
 for by law, but exists voluntaril}^ and by force of custom. It has 
 become th(> custom, however, that when a department is created and 
 the head thereof is denominated "secretary" or "general" to con- 
 sider him as a Cabinet officer. There is, of course, nothing to prevent 
 the President from requesting the head of any other department to 
 attend the m(»etings of wliat is called the Cabinet. But the force of 
 custom as it now exists is very strong. No departure from it is likely 
 to soon occur. 
 
 The meetings of the Ca))inet necessarily exercise a tremendous influ- 
 ence upon the policies of the Executive. A department which is rep- 
 resented in the Cabinet is thereby given a great advantage. 
 
 The creation of a new executive department, the head of whicli 
 shall be a member of the Cabinet, is no light matter. Oidy two addi- 
 tions to the Cabinet have l)een created by Congress in over a century. 
 The Departments of State, War, Treasury, and Navy, and the Attorney- 
 General and Postmaster-(ieneral were established during the eighteenth 
 century and during the first ten years of the existence of our Govern- 
 ment under the present Constitution. 
 
 531 
 
532 LEGISLATIVE HISTORY 
 
 EXISTING EXECUTIVE DEPARTMENTS 
 
 The State Department was the first executive department created 
 and was established under the title of the Department of Foreign 
 Affairs by act of Jul}^ 27, 178*J, the title of the Department being 
 changed to Department of State by act of September 15, 1789. 
 
 The Department of War was created l)y act of August 7, 1789. 
 
 The Department of the Treasury was created by act of September 2, 
 1789. 
 
 A salary for the Attorney-General of the United States was pro- 
 vided for in the act of September 23, 1789, and the office of Attorney- 
 General was created in the last section of the act of September 24, 
 1789. The Attorney-General has always been one of the President's 
 family of advisers known as a Cabinet oflicer, although his oflice was 
 not in terms referred to as an executive office until the act of June 22, 
 1870, establishing the Department of Justice. 
 
 A temporary Postmaster-General was provided for by the act of 
 September 22, 1789, and by the act of May 8, 1794, a general post- 
 office was established at the seat of the Government with a Postmaster- 
 General in charge. The Postmaster-General became undoubtedly the 
 head of one of the Executive Departments of the Government, but the 
 law did not in terms so refer to him until the act of June 8, 1872, 
 establishing an executive department to be known as the Post Oflice 
 Depa7'tment. 
 
 The Department of the Navy was created by act of April 30, 1798. 
 
 The six departments referred to above were all established practically 
 at the commencement of the Government under the Constitution. 
 
 There have been man}^ requestjsi for the creation of new Executive 
 Departments of the Government in behalf of various interests since 
 that time, but Congress has been very conservative about granting 
 such requests. 
 
 By the act of March 3, 1849, the Department of the Interior was 
 established, but the name given to it in the title of the original act was 
 a " Home Department." The Department of the Interior was intended 
 as a "home"''' Department. It was to have charge of those internal 
 affairs which needed representation in the President's Cabinet. The 
 Interior Department is one of the greatest Departments of the Gov- 
 ernment in extent of its varied interests and the number of its em- 
 ployees. Many of its different bureaus or branches, however, have no 
 connection or relationship to each other, and it is not a homogeneous 
 Department. 
 
 The Department of Agriculture was established by act of May 15, 
 1862, and placed in charge of a Commissioner of Agriculture, who was 
 not, however, considered as a Cabinet otticer. 
 
 By act of February 9, 1889, it was provided that the Department of 
 Agriculture should have a Secretar^^ of Agriculture at its head, and 
 the Secretary of Agriculture is considered a member of the Cabinet. 
 
 The Commissioner of Agriculture, within the meaning of the Con- 
 stitution, was as much the head of a department as the Secretarj^ of 
 Agriculture. He might as readily have been called to attend the 
 meetings of the Cabinet; but it never has been the policy of the Presi- 
 dent to unduly extend the size of his Cabinet. To add greatly to its 
 num])ers would destro}^ its efficiency. It never has been the policy, 
 therefore, of Congress to easily create a new head of an executi\ ^^ 
 
LEGISLATIVE HISTORY 533 
 
 dopartment wlu), under the custom, would be entitled to the courtesy 
 of :i seat in th(> Cabinet. 
 
 KECLA8SIF1CATION OF ATTACHED BUREAUS 
 
 The desire to restrict the number of Executive Departments repre- 
 sented in the President's Cabinet has caused Congress to place in 
 vai"i()us existino- departments many subjects not at all related to the 
 original })ini)ose of the department. For instance, under the Depart- 
 miMit of the Treasury we have the office of Supervising Archit(>ct, the 
 Bureau of Statistics, the Life-Saving Service, the Office of Steaml)oat 
 Inspection, the Light-House Board, the Coast and Geodetic Survey, 
 the National Bureau of Standards, and the United States Health Service. 
 
 Untler the Department of War we have the improvement of rivers 
 and harbors as aids to navigation. 
 
 Under the Department of the Navy we have the Hydrographic Office, 
 the Naval Observatory, the Director of the Nautical Almanac. 
 
 While outside of any of the principal Executive Departments we 
 have tiie Interstate Commerce Commission, the DepartnuMit of Labor, 
 the Civil Service Commission, the Commissioner of Fish and Fisheries, 
 and the Smithsonian Institution, including under its control such 
 scientitic divisions as the National Museum, the Bureau of American 
 Ethnology, the National Zoological Park, and the Astrophysical 
 Observatory. 
 
 It is quite apparent from a casual examination that a proper 
 rearrangement of the various divisions and branches of the Govern- 
 ment service might in some cases be of considerable benefit. It is 
 also apparent that those things which grow can never have the same 
 degree of uniformity and regularity as do those things which are made 
 to order. 
 
 The study which your committee has made of this subject, however, 
 convinces us that a rearrangement and reclassification of the difl'erent 
 bureaus and divisions of the public service devoted to scientific pursuit 
 might w«?ll be made with great resulting benefit. 
 
 The original six Executive Departments were each created because 
 of a necessit}' and propriety which was apparent. The Interior 
 Department was created because at the time it seemed very desirable 
 to relieve, somc^ of the other departments of what were to them 
 excrescences, and also create an official adviser to the President who 
 would give particular attention to the growth and development of our 
 country internally. 
 
 The Department of Agriculture was established from a sense of 
 eminent fitness, and its work has more than justified the most ardent 
 prophecies of those who urged its creation. 
 
 Tlie same ma^' be said of all the scientific divisions in the different 
 departments. The Weather Bureau, for instance, is the foremost 
 meteorological institution in the world. The Geological Survey is not 
 equaled in any other country. The Coast and Geodetic Survev is the 
 envy of all other nations. The Naval Observatory and the Nautical 
 Almanac direct the course of the shipping of the world. E(iual praise 
 might well be given to many other scientific branches of the Govern- 
 ment. 
 
 It is very evident, however, that some of the statistical or other 
 scientific bureaus of the Government have no special comiection with 
 the general jnirpose of the departments in which they happen to be 
 respectively located. 
 
534 
 
 LEGISLATIVE HISTOEY 
 
 REASONS FOR NEW DEPARTMENT 
 
 Having in view the conservatism of Congress in regard to creating 
 new seats in the Cabinet, 3^our committee has carefull}' examined the 
 proposition to create a new Department of Commerce and Labor. We 
 have had called to our attention the fact that interested and public- 
 spirited persons are now urging Congress to establish several new 
 Cabinet positions by creating various new departments, such as the 
 Department of Commerce, the Department of Labor, the Department 
 of Mines and Mining, the Department of Education, etc. It is evi- 
 dent that not more than one new department of the Government is 
 likely to be created at this time in view of our past policy, but it has 
 seemed to your committee that the enormous interests in our countr}' 
 not engaged in agriculture, but now engaged in trade and transporta- 
 tion, in manufacturing and mechanical pursuits, might well have 
 gathered together into one new executive department of the Govern- 
 ment those branches of the public service clearly related to their inter- 
 ests and which could easily be detached from the departments in which 
 they now are. We think also that the Government might well give 
 special consideration to the home industries of our country by giving 
 them direct representation in the Cabinet as well as by the creation of 
 some new bureaus devoted to their interests. 
 
 INDUSTRIAL GROWTH 
 
 The growth of business and laboring interests of our country in 
 recent 3^ears has been enormous, as shown by the following table: 
 
 
 1870. 
 
 1880. 
 
 1890. 
 
 1900. 
 
 Persons engaged in- 
 Trade and transportation 
 
 1,229,399 
 2, 679, 278 
 
 1,866,481 
 3,784,726 
 
 3,326,122 
 5, 678, 468 
 
 4, 778, 233 
 
 
 7, 112, 987 
 
 
 
 Total 
 
 3, 908, 677 
 
 6,651,207 
 
 9,004,590 
 
 11,891,220 
 
 
 
 The following table shows the growth of various industries of the 
 United States from 1860 to 1900: 
 
 Internal industries 
 
 Manufactures: 
 
 Number of establishments 
 
 Averani ■ 1 1 umber of employees and salaried officials 
 
 Wages and salaries .' 
 
 Value of products 
 
 Railways: 
 
 Miles in operation 
 
 Number of passengers carried 
 
 Tons of freight carried 
 
 American vessels: 
 
 In domestic trade tons.. 
 
 On the Great Lakes do 
 
 Postal growth: 
 
 Number of post-offices 
 
 Receipts (if Post-Office Department 
 
 Telegraph messages 
 
 1 
 
 81,885 
 
 140,433 
 311,246 
 878, 966 
 861, 676 
 
 30, 626 
 
 , 807, 631 
 467, 774 
 
 28, 498 
 ,518,067 
 
 355, 415 
 
 4,712,622 
 
 , 283, 216, 529 
 
 ,372,437,283 
 
 166, 654 
 492, 430, 865 
 636,511,617 
 
 3, 477, 802 
 1,063,063 
 
 62, 401 
 
 f 60, 882, 097 
 
 55,878,762 
 
 1900. 
 
 512, 339 
 
 5, 713, 976 
 
 S2, 7:52,921,528 
 
 S13, 014, 287, 498 
 
 194, 321 
 
 576, 865, 230 
 
 1,101,680,238 
 
 4,338,145 
 1,665,587 
 
 76, 688 
 
 S102, 354, 579 
 
 63, 167, 783 
 

 LEGISLATIVE HISTOKY 
 
 Internal industries — Continued. 
 
 535 
 
 I860. 
 
 1900. 
 
 Production compared: 
 
 Gold 
 
 Silver 
 
 ("oiil tons. . 
 
 Petroleum gallons.. 
 
 Pig iron tons. . 
 
 Steel do 
 
 Copper do 
 
 Wool pounds. . 
 
 Wheat bushels. . 
 
 Corn do 
 
 Cotton bales. . 
 
 Sugar tons. . 
 
 Tin plates pounds.. 
 
 Vessels passing through Sault Ste. Marie Canal, 
 tonnage 
 
 S-l(>, 000, 000 
 
 SI. 'SO, 000 
 
 l,H,f.l3, 1'JS 
 
 21,(XK),000 
 
 X21,223 
 
 7,200 
 
 60,264,913 
 
 173,101,92-1 
 
 838, 792, 7-40 
 
 4,861,292 
 
 190, 040 
 
 403, 657 
 
 S32, 845, 000 
 
 S70.4S5,714 
 
 140,X66,93] 
 
 1,924,5.52,224 
 
 9, 202, 703 
 
 4,277,071 
 
 115,966 
 
 276, 000, 000 
 
 399, 262, 000 
 
 1,489,970,000 
 
 7,311,322 
 
 136, .503 
 
 a 13, 646, 719 
 
 8, 454, 435 
 
 S79,171,000 
 
 874,535,495 
 
 210,965,917 
 
 , 6t;i,233,.568 
 
 i3,7sy,242 
 
 10, ]S.S,329 
 
 270, .588 
 
 2S,S,(;36,621 
 
 522, 229, .505 
 
 , 105, 102, 516 
 
 9, 436, 416 
 
 149,229 
 
 677, 969, 600 
 
 22, 315, 834 
 
 n For 1892. 
 
 GROWTH OF FOREIGN COMMERCE 
 
 The following table shows the g-rowth of foreign commerce of the 
 United States from 18(30 to 1900: 
 
 I860. 
 
 1890. 
 
 1900. 
 
 Merehandi.se: 
 
 Imports 
 
 Exports 
 
 Gold and silver: 
 
 Imports 
 
 E.xports 
 
 Manufactures of iron and steel: 
 
 Imports 
 
 Exports 
 
 Cotton: 
 
 Imports of raw cotton pounds.. 
 
 Exports of domestic cotton do 
 
 Receipts from customs 
 
 $353, 616, 119 
 8333, 576,-057 
 
 88,550,135 
 866, 546, 239 
 
 821,526,594 
 85, 703, 024 
 
 2,005,529 
 
 1,767,686,338 
 
 853, 187, 612 
 
 8789, 310, 409 
 8857, 828, 684 
 
 S33, 976, 326 
 852, 148, 420 
 
 $41,679,591 
 $25, 542, 208 
 
 8, 606, 049 
 
 2,471,799,853 
 
 8229, 668, 585 
 
 $849, 941, 184 
 $1,394,483,082 
 
 $79, 829, 486 
 8104,979,034 
 
 $20, 478, 728 
 $121,913,548 
 
 67, 398, 521 
 3, 100, 583, 188 
 8233, 164, 871 
 
 FURTHER COMPARISONS 
 
 We hav^e hardly thought it fair to make a comparison of the present 
 with a century ago, but a comparison of the present with a period 
 immediately preceding the civil war has seemed apt and proper. 
 
 The population of our country in 1860 was 31,443,321; in 1900, 
 84,233,069; the population at the present time is estimated at 
 87,233,000. 
 
 The true valuation of the real and personal property of the country 
 constituting its wealth, was, in 1860, $16,159,616,000, and in 1900 
 $94,300,000,000. 
 
 The total number of depositors in savings banks in 1860 was 693,870; 
 in 1900, 6,107,083. We have no record of the total deposits in banks 
 in 1860, but in 1880 they amounted to $2,306,000,000; in 1890, 
 $3,998,000,000, and in 1900 to $7,464,000,000. 
 
 The numl)er of farms in 1860 was 2,044,077; in 1890, 4,564,641, and 
 in 1900, 5,739,657. 
 
 The total value of farm animals was, in 1860, $1,089,329,915, and in 
 1900, $2,981,722,945. 
 
 The total value of farm products was, in 1870, $1,958,030,927, and 
 in 1900, $3,764,177,706. 
 
536 LEGISLATIVE HISTOKY 
 
 Our exports of domestic cotton in 1860 amounted to 1,767,686,338 
 pounds, but after the abolition of slave labor the amount of export 
 cotton fell, in 1870, to 958,358,523 pounds. 
 
 For the fiscal ,year of 1902 our exports of domestic cotton amounted 
 to 3,500,778,763 pounds. 
 
 The above figures exhibit an unparalleled industrial and commercial 
 growth. 
 
 But there remains much to be done in the future. The industrial 
 development of our countr}^ is far from having reached maturity. 
 For instance, last year we exported 3,500,000,000 pounds of cotton. 
 Much, if not most, of this ought to have been manufactured in mills 
 in our own country into cotton goods before shipment abroad. 
 
 SIMILAR DEPARTMENTS IN OTHER COUNTRIES 
 
 In the peaceful but fierce struggle for supremacy in the markets of 
 the world our people ought not to be handicapped by reason of having 
 no one to specially speak for their interests among the advisers of the 
 President. Other countries have cabinet officers especially devoted to 
 industries and commerce. The United States is almost the onl}^ one 
 of the leading nations which fails to have an executive department to 
 promote the interests of commerce and industry. 
 
 England has her board of trade, whose president is a cabinet oflicer, 
 and her supremacy in the world's commerce is largely owing to the 
 influence of her board of trade. 
 
 German}^ has a minister of commerce. 
 
 France has a minister of commerce. 
 
 Belgium has a minister of industry and labor. 
 
 Austria has a minister of commerce and national economy. 
 
 Hungar}^ has a minister of industr}^ and commerce. 
 
 Russia has a special imperial cabinet of four sections, one of which 
 is devoted to agriculture and manufacture. 
 
 The Netherlands has a minister of public works and commerce. 
 
 Spain has a minister of agriculture and commerce and public works. 
 
 Portugal has a minister of public works, industr}', and commerce. 
 
 Switzerland has a minister of agriculture and industry. 
 
 Italy has a minister of industry and commerce. 
 
 Persia has a minister of commerce. 
 
 Most of the Spanish -American countries have cabinet officials whose 
 functions are distinctly commercial in character. 
 
 EFFECT OF NEW DEPARTMENT 
 
 Our people should be given every facility in their efforts to extend 
 their influence in the markets of the world. Our people at home 
 should also have the benefits which may come from the application of 
 scientific investigation and scientific principles in the manufacture and 
 transportation of the commodities which they use. 
 
 It is very evident to all that the General Government must, in some 
 way and manner, enter upon the regulation of the modern corporation 
 which, with immense capital, seeks absolute control of the markets for 
 its own commodities. 
 
 Such regulation, if wise, will benefit and not injure the manufactur- 
 ing and transportation industries; but if the attempt to regulate be 
 
LEGISLATIVE HISTORY 537 
 
 made without duo caution and be carried on with l)itternoss and with- ^ 
 out wisdom, it may causi^ a far j^rcater injury to our |)(M)pU' and the 
 industries of our country than tlie evil which wc seek to combat. 
 
 The Homo or Interior I)e})artmtMit was created in LS4l», KoUowing 
 its creation came the homestead and some other land hiws which hav'e 
 done so nuich toward the rapid ui)l)uildin»'' of the Far West. 
 
 Within its few years of active deveU)pment the Agricultural Depart- 
 ment, through its scientific bureaus, has been of inestimable bcnietit. 
 
 We l)elieve that similar results can be accomplished through a 
 d(^partment of industries which will seek, through statistical and other 
 scientific investigation, both at home and abroad, to furnish informa- 
 tion which will result in inestimable advantage to our people. The 
 manufacturing and commercial interests of our coimtiy, now swollen 
 to such enormous proportions, urgently request that they be given the 
 consideration of a department especiall}^ devoted to the acquirement of 
 information which will be useful to all people engaged in those pursuits. 
 
 With a proper person, of liberal mind, broad information, the 
 acquaintance of a lifetime with subjects of trade, labor, and commerce, 
 with a knowledge of the wants and needs of business, named by the 
 President as the head of a new department of industries, the develop- 
 ment of our country, both commercially and industrially, during the 
 next few j'ears would be accelerated to a degree not now believed 
 possible. 
 
 If a department of industries be created, Congress ought, in order 
 to make it most useful and efl'ective, to transfer to it those existing 
 branches and departments of the public service germane to the subject 
 of commerce, manufactures, and other industries, so far as they can 
 be transferred without too great friction and without crippling other 
 departments of the service. 
 
 BUREAUS OMITTED 
 
 The bill as it came to your committee from the Senate proposed to 
 transfer to the new Department the following: 
 
 From the State Department, the Bureau of Foreign Commerce. 
 
 From the Treasury Department, the Life-Saving Service, the Light- 
 House Board, the Light-House Service, the Marine-Hospital Service, 
 the Steamboat-Inspection Service, the Bureau of Navigation, the 
 Ignited States Shipping Commissioners, the Bureau of Immigration, 
 the Bureau of Statistics. 
 
 From the Interior Department, the Census Office. 
 
 It also transferred the independent Department of Labor and the 
 office of Commissioner of Fish and Fisheries. 
 
 Your committee has concluded, after investigation, that some of 
 these transfers, if made under the pending bill, would create consider- 
 able confusion without corresponding benefit. 
 
 The Life-Saving Service is at the present time dependent to a cer- 
 tain extent upon the Revenue-Cutter Service, and the Revenue-Cutter 
 Service is a part of the customs service, so that no transfer could be 
 made without making provision for other inspectors of the Life-Saving 
 Service and without various changes in existing law. It seems, how- 
 ever, certain that in so far as the Life-Saving Service is now a collector 
 of marine statistics its duty in this respect ought to be transferred to 
 the new Department, which it is proposed to make the center of statis- 
 tical information in the Government. 
 
538 LEGISLATIVE HISTOKY 
 
 The United States Health Service, formerly termed the Marine- 
 Hospital Service, has certain duties to perform in connection with 
 quarantine which might produce a conflict of authority with the 
 Treasury Department if that Service should be transferred from the 
 Treasury Department to the new Department. 
 
 Possibly the Steamboat-Inspection Service might be transferred 
 without great injury to the public interests, but that Bureau has 
 largely to do with collectors of customs at the difl'erent ports, and it 
 has not l)een thought wise by your committee at this time to recom- 
 mend its transfer. 
 
 There are some very strong reasons in favor of the transfer of the 
 Bureau of Navigation and the United States shipping commissioners 
 from the Treasury Department to the new Department. The title of 
 the Bureau of Navigation, however, is not an entirely correct descrip- 
 tion of the duties of that oflice. The Bureau has to do with the collec- 
 tion of tonnage taxes. The tonnage taxes are collected from a ship on 
 her entry from a foreign port through a collector of the port. The 
 act of Congress provides that on all questions of interj^retation grow- 
 ing out of the laws as to the question of tonnage taxes and the refund 
 of such taxes when collected erroneously or illegally the decision of 
 the Commissioner of Navigation shall be final. 
 
 While, therefore, the collection of the tonnage tax is made by the 
 collector of customs, the legality or accuracy of any tax goes to the 
 Bureau of Navigation for determination. It is very evident that in 
 order to preserve symmetry in the matter of the collection of tonnage 
 taxes it would be necessary to have a revision of the laws upon the 
 subject before a transfer of the Bureau of Navigation could safely be 
 made from the Treasury Department. We have not, therefore, 
 included the transfer of the Bureau of Navigation to the new Depart- 
 ment in the bill as recommended b}^ j^our committee for passage. 
 
 The United States shipping commissioners are officers of the Treas- 
 ury Department, located at the principal ports, engaged in supervising 
 the afl'airs of seamen. All seamen who enlist as members of crews of 
 vessels are required to enter into a contract with a proper officer or 
 owner of a vessel before a United States shipping commissioner. He 
 looks after them to see that no unfair advantage is taken of them 
 and generally looks after their welfare. These commissioners report 
 directly to the Bureau of Navigation and through the Bureau of Nav- 
 igation to the Secretary of the Treasury. The Commissioner of 
 Navigation exercises a sort of appellate jurisdiction over the contracts 
 or form of contracts entered into bj' the seamen. 
 
 While it would seem desirable, for some reasons, to have the United 
 States shipping commissioners under the control of a Department of 
 Commerce and Labor, 3^et, under existing laws, their duties are so 
 affected by their relationship to the Bureau of Navigation and the 
 collectors of customs at the various ports that it is not deemed desirable 
 at the present time to recommend the transfer of the Bureau from the 
 Treasury Department. 
 
 BUKEAUS TRANSFERRED TO NEW DEPARTMENT 
 
 The Light-House Service is maintained as an essential aid to com- 
 merce. It is an establishment by itself, not closely interwoven with 
 other branches of the Treasury Department, and may well be placed 
 in the new Department. 
 
LEGISLATIVE HISTORY 539 
 
 The iiewh^ oroatcd Niitionul Buroiui of Standards is a buroau which 
 nooessaiily o-oes into a (l('})artni('iit })riniai'ily devoted to nianufactur- 
 iiio- and coniniercial inteiests. 'I'iiis BurcMU is destiiunl to exorcise 
 great influence upon the developnient of l)usiness and connnerce of our 
 country. 
 
 The Coast and Geodetic Survey is essentially a scientific l)ureau, and 
 its work is mainly for the benefit of connnerce or science. 
 
 The Bureau of Statistics presents some dilliculties in the way of 
 transfer from the 'I'reasury Department. That Bureau flerives its 
 statistics in the first instance from coilcM-tors of customs, but its scope 
 has l)e(Mi recently o'l'eatly broadeiuul. The Treasury Department is not 
 ])rimarily a depaitment devoted to the colli'ction of statistics. Statis- 
 tical information is of primaiv value to labor, connnerce, and manu- 
 facturing. A\'e think, too, that all of the l)ranches of the public service 
 directed to the collection and dissemination of statistics ought to be, 
 as far as possible, gathered under one head. 
 
 The Census Office has recently been made a permanent bureau. 
 
 Your connnittee therefore recommends that the Light-House Service, 
 the National Bureau of Standards, and the Coast and Geodetic Survey 
 1)0 transferred from the Treasury Department and placed in the new 
 De})artment. Wo also propose that the Bureau of Statistics be trans- 
 ferred from the Treasury Department, the Bureau of Foreign Com- 
 merce from the State Department, the Census Office from the Interior 
 Department, and all placed in the new Department of Commerce and 
 Labor, in order that the collection of statistical information, to which 
 all three are primarily devoted, may be properly systematized and 
 duplication of statistics may be omitted. 
 
 We reconnnend also the transfer of the Bureau of Immigration, 
 including the iurisdiction of the Treasury Department over Chinese 
 innnigration, from the Treasury Department to the new Department 
 of Commerce and Labor. The question of immigration is of particular 
 importance to the labor interests of the country. The Bureau of 
 Immigration ought to be in some department in connection with the 
 Commissioner of Labor. 
 
 DEPARTMENT OF LABOR 
 
 Your committee recommends that the Department of Labor, as now 
 constituted, be made a part of the new Department of Commerce and 
 Labor. 
 
 There has been considerable opposition to this proposition. A 
 majoritv of the leaders of organized labor, who have expressed any 
 opinion upon the subject, have opposed the placing of the present 
 Department of Labor in the new Department. The opposition has 
 been based upon the idea that whoever might be selected as Secretary 
 of the new Department would be a representative of capitalistic influ- 
 ence and not of labor. In view of the opposition of some of the labof 
 leaders to the inclusion of the Department of Labor in the proposed 
 new Department, your committee has given the subject careful and 
 considerate examination, ^^'e are satisfied that the opposition is based 
 upon a natural misundoi'standing of the situation and a misapprehen- 
 sion as to the ort'oct of such action. 
 
 The Department of Labor as now oi-ganizod has its duties defined 
 by statute. The statute provides that it shall be presided over by a 
 Commissioner of Labor, to be appointed by the President. It is not 
 
540 LEGISLATIVE HISTORY 
 
 proposed to make any change in the.se provisions of the statute. If 
 the Department of Labor is included in the new Department, the Sec- 
 retary of the new Department will not have the power to appoint the 
 Connnissioner of Labor, nor will he have power to prevent the Com- 
 missioner of Labor from discharging the duties now imposed upon 
 that ottice by the present act of Congress. 
 
 It is impossible to see, therefore, how there can come any injurious 
 etfect from including the Labor Department in the new Department of 
 Commerce and Labor. As the law now exists the President can, at 
 an}^ time, name some one for appointment as Connnissioner of Labor 
 who may be adverse to labor and favorable to capital as against labor. 
 It is not likely that any President will ever do this, and it is equally 
 unlikely that he would do it if the Department of Labor were made a 
 part of the Department of Commerce and Labor. 
 
 One of the reasons w^hich has been urged why the Labor Depart- 
 ment should not be included in the new Department is that there ought 
 to be created a Secretary of the Labor Department, with a seat in the 
 Cabinet. Whether this is likely to be done in view of the conserva- 
 tive action in creating new Cabinet officers in the past, it is not for 
 your committee to judge at this time. But it will be as easy to create 
 a Secretary of Labor if the Department of Labor is, for the present, 
 included in the new Department as it would be if the Labor Depart- 
 ment is left out by itself. In fact, it seems much more likely that the 
 Labor Department will grow in the scope of its work, and hence be more 
 likely to warrant the creation of a new Cabinet officer to represent 
 labor interests if the proposed action is taken than would be the case 
 if the Labor Department is left as it now is. 
 
 It has been a natural fear on the part of some of the labor leaders 
 that the new Secretary of Commerce and Laljor would have a bias in 
 favor of capital and against labor. Granting, for the sake of argu- 
 ment, that this may be true, it still would leave the Labor Department 
 as well off as it now is. No bias of the Secretary of Commerce and 
 Labor could control or affect a Commissioner of Labor, who is not sub- 
 ject to removal by him and whose actions and reports are not subject 
 to his control. 
 
 It may very properly be asked, then, why should the Department of 
 Labor be included in the new Department if the Secretary of the new 
 Department will have no control over the Commissioner of Labor? 
 The duties of the Commissioner of Lal)or largely relate to the col- 
 lection of information and publication of labor statistics. The Labor 
 Department has a force of statistical experts. Congress occasionally, 
 at the suggestion of the Lal)or Department, directs that Department, 
 by resolution, to gather, compile, and publish certain statistical infor- 
 mation of interest to labor. This work is done in addition to the 
 ordinary performance of duties of the Labor Department. There is 
 much information of great value to labor and laboring men which the 
 Department of Labor has not been able to gather, but which it might 
 well and easily obtain if it could help to lay out and plan the work of 
 the permanent Census Office. 
 
 The Department of Labor, as now constituted, is principalh' a sta- 
 tistical department. Most of its duties pertain to the gathering of 
 statistical and other information. If the Department of Labor and the 
 permanent Census Office are in one new department of the Government 
 it will be an easy and natural thing for the Department of Labor to 
 
LEGISLATIVE HISTORY 541 
 
 avail itself of the exports in the Census Ofiicc for the eolleetion of sta- 
 tistics in addition to what are now collected, and which the Depart- 
 ment of Labor can properly arraiig'e for publication. Your committee 
 believes that the value of the Department of Lal)or in the collection 
 and publication of information will be increased many fold by includ- 
 inu' it in the same o'eneral department of the Government which contains 
 the permanent Census OtSce and the other statistical' bureaus of the 
 (Tovernnient. 
 
 Includino- the Department of Labor in the new Department will also 
 call attention in a public manner to much information which is now 
 collected, but not made much use of. The Department of Labor has 
 collected since its organization much useful information in reference 
 to labor legislation. Very little of this information has ever been 
 called to the attention of members of Congress in an eti'ective way. It 
 is a l)ur(len ui)()n every member of Congress to endeavor to make an 
 examination of the annual reports of the diti'erent general departments. 
 A statement or recommendation included in the President's message 
 is sure to be noticed. A statement or recommendation in the annual 
 report of one of the Cabinet ofticers is likely to attract some attention; 
 l)ut the opinion or recommendation of the head of a branch of the 
 service not connected with one of the general departments is apt to be 
 overlooked — not from design, not from thoughtlessness, not from lack 
 of interest, but from lack of time and endurance. 
 
 If the Commissioner of Labor is under the Secretary- of Commerce 
 and Labor he will make a report to the Secretary of Commerce and 
 Labor. That report will be published with the annual reports of the 
 Department, If the Secretary of Commerce and Labor approves of 
 r(>commcndations made by the Commissioner of Labor, he will so state 
 in his annual report, and proliably the matter will be called to the 
 attention of the President, to go in his annual message. If the Secre- 
 tary of Commerce and La])or disapproves the recommendation made 
 bv the Commissioner of Labor he will say so in his report, and that 
 will call attention to and advertise the recommendation of the Com- 
 missioner of Labor in a way which will call it to the attention of Con- 
 gress. LTndoubtedly our national Government is behind many other 
 countries in the way of some kind of labor legislation. 
 
 Your committee does not recommend the inclusion of labor in the 
 new Department for the purpose of suppressing labor information and 
 agitation. })ut for the purpose of advancing the interests of labor, and 
 so that the need of labor legislation may properly be called to the 
 attention of Congress. 
 
 Your committee has also recommended that the Commissioner of 
 Fish and Fish(>ries, as well as the jurisdiction of the Treasur}- over the 
 fur-seal, salmon, and other fisheries in Alaska, be placed in and con- 
 ferred upon the new Department of Commerce and Labor. 
 
 DUTIES OF THE NEW^ DEPARTMENT 
 
 Section 3 of the act which we recommend for passage provides that — 
 
 It shall be the province and duty of said Department to foster, promote, and 
 develo]) the foreifrn and domestic commerce; the mining, manufacturing, sliipping, 
 and fishery industries; the labor interests; the transportation facilities, and the 
 insurance business of the United States. 
 
542 LEGISLATIVE HISTOEY 
 
 BUREAU OF MANUFACTURES 
 
 It is proposed to create in the new Department a new bureau, to be 
 called the Bureau of Manufactures, the chief of which shall be appointed 
 by the President, The province and duty of said Bureau sliall be to 
 foster, promote, and develop the various manufacturing industries of 
 the United States, and markets for the same at home and abroad, 
 domestic and foreio-n, by g-atherino-, compiling-, publishing, and sup- 
 plying all valuable and useful information concerning such industries 
 and such markets, and by such other methods and means as may be 
 prescribed by the Secretary or provided by law. 
 
 BUREAU OF INSURANCE 
 
 The insurance interests of our country have become so great, and 
 the business of insurance is so essentially a matter of interstate busi- 
 ness, and hence largely beyond any effectual control by State authori- 
 ties, that your committee has recommended the establishment of a 
 Bureau of Insurance, the chief of which shall be appointed by the Presi- 
 dent. It is proposed that the duty of said Bureau shall be to exercise 
 such control as may be provided by law over insurance companies 
 transacting business in the United States, and to foster, promote, and 
 develop the various insurance industries of the United States by gather- 
 ing, compiling, publishing, and supplying valuable and useful informa- 
 tion concerning insurance companies and the business of insurance, and 
 by such other methods and means as may be prescribed by law. 
 
 The fire loss in onr country in 11)01 amounted to over $160,000,000. 
 Undoubtedly much of this loss could have been prevented through 
 the publication of proper information, and undoubtedly one effect of 
 a Bureau of Insurance will be to gradually secure greater uniformity 
 in building laws and ordinances, with a view to prevent the enormous 
 waste now suffered annually by fire. 
 
 Some idea of the magnitude of insurance interests in our country 
 may be olitained by a reference to the business of the life insurance 
 companies in the single State of Connecticut. During the year 1901 the 
 thirty life insurance companies of Connecticut received in premiums 
 $337,"911,700, and received a total income of $425,083,858. The assets 
 of these companies on December 31, 1901, amounted to $1,858,2-11,350, 
 and the amount of insurance in force on the same date was $8,747,- 
 226,743. 
 
 The accident, casualty, fidelity, surety, and miscellaneous insurance' 
 companies doing business in Connecticut in the same year had an income 
 of $30,402,353 and carried insurance with a risk of $5,164,309,834. 
 
 Eighty-five domestic fire and marine insurance companies of the 
 United States and thirty fire and marine companies of foreign coun- 
 tries, doing business in the United States, received, during the year 
 1901, premiums to the amount of $148,917,206, and had a total of 
 income amounting to $175,261,787, and paid losses to the amount 
 of $91,280,379, and had insurance risks in force December 31, 1901, 
 to the amount of $22,507,245,944. These figures do not include all of 
 the insurance companies doing business in our country and do not 
 include a majority of the mutual companies. 
 
 It seems evident from figures cited that it is time for the National 
 Government to take such notice of and exercise such control over 
 
LEGISLATIVE HISTORY 543 
 
 insurani'O companies as it may bo entitled to under the Constitution, 
 to tiie extent, at least, of the i)uhlicati()n of information of general 
 interest. 
 
 IJUKEAU OF COKl'OltATIONS 
 
 Your eonnnittee also recommends the creation of a new ])ureau, to 
 be called tlu> Bureau of Ci)rp()rati()ns, the province and duty of which 
 Bureau shall be to oathi'r, c()nn)il(\, publish, and supply useful infor- 
 mation concerning such corporations doiny business within the limits 
 of the United 8tat(>s as shall eno-a<;-e in iiiterstate commerce or in com- 
 merce between the United States and any foreign country, and to 
 attend to such other duties as may be hereafter provided by law. 
 
 The creation of this Bureau will make it the duty of an offic^er of the 
 (xovernment to deal with the matter of corporation information and 
 to ac(piire knowledge and report recommendations concerning the 
 manner and extent to which corporation ti'ansactions in interstate 
 commerce shall be subjected to the intluence oF national legislation. 
 Your eonnnittee believes that this is a practical step toward the legit- 
 imate control of corporations engaging in commerce among the States. 
 
 Your eonnnittee has not recommended any extended or specific legis- 
 lation in regard to the character of information to be obtained or the 
 manner of obtaining it, but has left that matter to await further legis- 
 lation. 
 
 In the discussion which has generally been going on of late, and 
 especially in those bills which ha^'e been introduced in Congress in 
 relation to the securement of information from corporations, it has 
 ))een generally suggested or provided that the collection of such infor- 
 mation shall be had through the Interstate Commerce Commission. 
 
 The Interstate Commerce Commission is a semiexecutive and semi- 
 judicial commission. It is engaged solely with transportation compa- 
 nies and with shipping interests. To place under its control the 
 collection of all information in regard to corporations transacting 
 interstate commerce would be to divert it from its present very oner- 
 ous duties, which nvo sufficient to take up all of the time of the Com- 
 missioners, and would be to place a purely executive duty upon a 
 Commission principally engaged in exercising semijudicial authority. 
 
 TRANSFER BY PRESIDENT OF OTHER BUREAUS 
 
 It is certainly desiral)le to have the collection of statistical informa- 
 tion under the control of one department of the Government so far as 
 l)racticable. It is also highly desirable that some other branches of 
 the public service, such as a portion of the Avork of the Geological 
 Sur\'ey, be transferred to the new Department, provided that transfer 
 can be made without undue friction or injury to the department from 
 which the transfer is proposed. 
 
 Your committee has therefore recommended a section in the act 
 authorizing the President to transfer, l)y order in writing, at any time, 
 to the new Department of Conunerce and Labor any branch of the 
 public service engaged in statistical or scientific work. 
 
 It is not unlikely that this section of the bill will result in the trans- 
 fer of the statistical end of the Educational Bureau to the new Depart- 
 ment. Under this section of the bill it is probable that a Bureau of 
 Mines and Mining will grow up out of the transfer of a portion of the 
 
544 LEGISLATIVE HISTORY 
 
 work of the Geological Survey to the new Department. Other changes 
 and transfers will suggest themselves to the Executive Department, 
 which will result in the more thorough system of scientitic investiga- 
 tion and in a great saving of work which is at present duplicated in 
 different branches of the public service. 
 
 RECOMMENDATION OF COMMITTEE 
 
 Your committee, after such consideration of the subject- as it has 
 been possible for them to make, recommend that the bill of the Senate 
 (S. 569) be amended by striking out all after the enacting clause and 
 substituting in lieu thereof the amendment or substitute presented 
 with this report, so that said Senate bill will read as follows: 
 
 A BILL to establish the Department of Commerce and Labor. 
 
 Be it enacted hy the Senate and House of Representatives of the United States of America 
 in Congress assembled, That there shall be at the seat of government an Executive 
 Department to be known as the Department of Commerce and Labor, and a Secretary 
 of Commerce and Labor, who shall be the head thereof, who shall be appointed by 
 the President, by and with the advice and consent of the Senate, who shall receive a 
 salary of eight thousand dollars per annum, and whose term and tenure of office 
 shall be like that of the heads of the other Executive Departments; and section one 
 hundred and fifty-eight of the Revised Statutes is hereby amended to include such 
 Department, and the provisions of title four of the Revised Statutes, including all 
 amendments thereto, are hereby made applicable to said Department. 
 
 Sec. 2. That there shall be in said Department an Assistant Secretary of Commerce 
 and Labor, to be appointed by the President, who shall receive a salary of five thou- 
 sand dollars a year. He shall perform such duties as shall be prescribed by the 
 Secretary or required by law. There shall also be one chief clerk and a disbursing 
 clerk and such other clerical assistants as may from time to time be authorized by 
 Congress; and the Auditor for the State and other Departments shall receive all 
 accounts accruing in or relative to the Department of Commerce and Labor and 
 examine the same, and thereafter certify the balance and transmit the accounts, with 
 the vouchers and certificate, to the Comptroller of the Treasury for his decision 
 thereon. 
 
 Sec. 3. That it shall be the province and duty of said Department to foster, pro- 
 mote, and develop the foreign and domestic i ommerce, the mining, manufacturing, 
 shipping, and fishery industries, the labor interests, the transportation facilities, and 
 the insurance business of the United States; and to this end it shall be vested with 
 jurisdiction and control of the departments, bureaus, offices, and branches of the 
 public service hereinafter specified, and with such other powers and duties as may 
 be prescribed by law. 
 
 Sec. 4. That the following-named offices, bureaus, divisions, and branches of the 
 public service, now and hereafter under the jurisdiction of the Department of the 
 Treasury, and all that pertains to the same, known as the Light-House Board, the 
 Light-House Service, the National Bureau of Standards, the Coast and Geodetic 
 Survey, the Commissioner-General of Immigration, the Bureau of Immigration, the 
 Immigration Service at Large, and the Bureau of Statistics be, and the same hereby 
 are, transferred from the Department of the Treasury to the Department of Commerce 
 and Labor, and the same shall hereafter remain under the jurisdiction and supervision 
 of the last-named Department; and that the Census Office, and all that jxn-tains to 
 the same, be, and the same hereby is, transferreci from the Department of the Interior 
 to the Department of Commerce and Labor, to remain henceforth under the jurisdic- 
 tion of the latter; that the Department of Labor and the office of Commissioner of 
 Fish and Fisheries, and all that pertains to the same, be, and the same hereljy are, 
 placed under the jurisdiction and made a part of the Department of Commerce and 
 Labor; that the Bureau of Foreign Commerce, now in the Department of State, l)e, 
 and the same hereby is, transferred to the Department of Commerce and Labor and 
 consolidated with and made a part of the Bureau of Statistics, hereinbefore trans- 
 ferred from the Department of the Treasury to the Department of Commerce and 
 Labor, and the two shall constitute one bureau, to be called the Bureau of Statistics, 
 with a chief of the Bureau; and that the Secretary of Commerce and Labor shall 
 have complete control of the work of gathering and distributing statistical informa- 
 tion naturally relating to the subjects confided to his Department; and to this end 
 
LEGISLATIVE HISTORY f)4f) 
 
 saiil Secretary sliall liavc power to i'lnploy any or t-ithor of tlie said hnicaiis ami to 
 rearianiii' such statistical work and to distrihiiti' or consolidate the same, as may hi' 
 deemed (h-sirahle in tlie |)nhlic inti'rest; and said Secretary shall also have authority 
 to call upon otluM- departments of the (iovernmeut for statistical data and result.s 
 ohtaineil hy them; and said Secretary <»f Commerce and Lahor may collate, arranjie, 
 antl jmhlisii gucli statistical information so obtained in such manneras to him may 
 seem wise. 
 
 That the otKeial records and papers now on tile in and |>ert;iininj.^ exclusively to 
 the business of any bureau, otlict', department, or branch of the public service in this 
 act transferre<l to the Department of C'onnnerce and Labor, to<,a'ther with the furni- 
 ture now in use in such bureau, oltice, department, or branch of the public service, 
 shall be, and herel)y are, transferretl to the Department of Coinnierce and Lal)or. 
 
 Skc. n. That there shall be in the Dejyartment of ("ommerce and Labor a bureau 
 to be called the IWnvau of ^lannfactures, and a chief of said I>ureau, who shall bo 
 ajipointt'd by the President, and who shall ri'ceive a salary of four thousand dollars 
 per annum. There shall also be in said lUireau one chief clerk and such othei; cler- 
 ical assistants as may from time to time be authorized by Congress. 
 
 It shall be the i)rovince and duty of said lUireau, under the direction of the Secre- 
 tary, to foster, jyromote, and develop the various manufacturinjr industries of the 
 Unite*! States, and markets for the same at home and abroad, domestic and forei,ii:n, 
 by i,'atherin<i, compiling, publishing, and sui)plying all available and useful informa- 
 tion concerning such industries and such markets, and by such other methods and 
 means as may be prescribed by the Secretary or proviiled l)y law. 
 
 And all consular officers of the United States, including consul-generals, consuls, 
 and commercial agents, are hereby re(iuired, and it is made a ])art of their duty, 
 under the "iirection of the Secretary of State, to gather and compile, from tin)e to 
 time, useful and material information and statistics in respect to the subjects enum- 
 erated in section three of this act in the countries and places to which such consular 
 officers are accredited, and to send, under the direction of the Secretary of State, 
 reports as often as requireil of the information and statistics thus gathered and com- 
 jiiled, such rej^orts to be transmitted through the State Dejiartment to the Secretary 
 of the Department of Commerce and Labor. 
 
 Skc. H. That there shall be in the Department of Commerce and Labor a Imreau to 
 be called the Bureau of Insurance, and a chief of .said Bureau, who shall be api)ointed 
 by the Bresident, and who shall receive a salary of four thousand dollars per annum, 
 and such clerical assistants as may from time to tinie be authorized liy law. It shall 
 be the province and duty of said Bureau, under the direction of the Secretary, to 
 exercise such control as may be provided by law over every insurance company, 
 society, or a.ssociation transacting business in the United States outside of the State, 
 Territory, or District wherein the same is organized, and to foster, i)romote, and 
 develo]i the various insurance indu,«tries of the United States by gathering, compil- 
 ing, publishing, and supplying all available and useful information concerning such 
 insurance companies and the business of insurance, and by such other methods and 
 means as may be prescril)ed by the Secretary or provided by law. 
 
 Sec. 7. That there shall l)e in the Dejiartment of Commerce and Labor a l)ureau to 
 be called the Bureau of Corporations, and tlie chief of said Bureau shall receive a 
 salary of four thousand dollars per annum. There shall also be in said Bureau such 
 clerks and assistants as may from time to time be authorized l)y law. It shall be the 
 province and duty of said Bureau, under the direction of the Secretary of Commerce 
 and Labor, to gather, compile, publish, and supply useful information concerning 
 such corporations doing business within the limits of the United States as shall 
 engage in interstate connnerce or in commerce V)etween the Ignited States and any 
 foreign country, and to attend to such other duties as maj' be hereafter ])rovide<l 
 by law. 
 
 Sec. 8. That the jurisdiction, supervision, and control now possessed and exercised 
 by the Department of the Treasury over the fur-seal, salmon, and other fisheries in 
 Alaska, as well as over Chinese immigration, including the authority conferred by 
 the various acts in relation to the exclusion of Chinese upon collectors of customs, be, 
 and the same hereby are, transferred to and vested in the Department of Commerce 
 and Labor; and the Secretai'v of Connnerce and Lal)or shall designate officials of his 
 Dejiartment to jierform the duties and exerci.se the authority now confeired upon 
 collectors of cu.stoms or other otiicials of the Treasury Department (who are not 
 hereby transferred to the Dej)artment of Commerce and Labor) in regard to Chinesi' 
 exclusion and innnigration. 
 
 Sec. i». That the Secretary of Commerce and Labor shall annually, at the close of 
 each fiscal year, make a report in writing to Congress, giving an account of all moneys 
 received and disbursed by him and his Department, and describing the work done 
 
 27G28— 04 85 
 
5-16 LEGISLATIVE HISTORY 
 
 by the Department in fostering, promoting, and developing the foreign and domestic 
 commerce, the mining, manufacturing, shipping, and fishery industries, the trans- 
 portation faciUties, and insurance ]>usiness of the United States, and making such 
 recommendations as he shall deem net'essary for the effective performance of the 
 duties and purposes of the De|)artment. He shall also from time to time make such 
 special investigations and reports as he may be required to do l)y the President, or 
 by either House of Congress, or which he himself may deem necessary and urgent. 
 
 Sec. 10. That the Secretary of Commerce and Labor shall have charge, in the ))uild- 
 ings or premises occupied l)y or appropriated to the Dei)ai-tment of Commerce and 
 LaV)or, of the library, furniture, iixtures, records, and other jjroperty pertaining to 
 it or hereafter acquired for use in its business; and he shall l)e allowed to expend for 
 periodicals and i)urposes of the library, and for the rental of appropriate quarters for 
 the accommodation of the Dejjartment of Commerce and Labor within the District of 
 Columl)ia, and for all other incidental expenses, such sums as Congress may provide 
 from time to time: Provided, Jioirerrr, That where any office, bureau, or branch f)f the 
 public service transferred to the Department of Commerce and La])or by this act 
 is occupying rented buildings or premises, it may still continue to do so until other 
 suitable quarters are provided for its use: A)id prorlded fini/icr, That all officers, 
 clerks, and ein])l(iyees now employed in any of the l)ureaus, offices, departments, or 
 branches of the pul)lic service in this act transferred to the Department of Commerce 
 and Labor are each and all hereby transferred to said Department at their present 
 grades and salaries, except where otherwise provided in this act: And 'provided 
 fnrfher, That all laws prescribing the work and defining the duties of the several 
 ))ureaus, offices, deimrtments, or branches of the public service Ijy this act transferred 
 to and made a part of the Deitartment of Commerce and Lahor shall, so far as the 
 same are not in conflict with the jirovisions of this act, remain in full force and effect 
 until otherwise provided by law. 
 
 Sec. 1 1 . That all power and authority heretofore possessed or exercised by the head 
 of any Executive Department over any Imreau, office, branch, or division of the public 
 service by this act transferred to the Department of Commerce anil Labor, or any 
 business arising therefrom or i)ertaining thereto, whether of an appellate or revisory 
 character or otherwise, shall liei'eafter be vested in and exercised by the head of the 
 said Department of Conunerce and Labor. And all acts or parts of acts inconsistent 
 with this act are, so far as so inconsistent, hereby repealed. 
 
 Sec. 12. A person, to be designated l)y the Secretary of State, shall be appointed 
 to formulate, under his direction, for the instruction of consular officers, the requests 
 of the Secretary of Commerce and Labor; and to prepare from the dispatches of 
 consular officers, for transmission to the Secretary of Commerce and Labor, such 
 information as pertains to the work of the Department of Commerce and Lal)or; and 
 such person shall have the rank and salary of a chief of bureau, and be furnished 
 with such clerical assistants as may from time to time be authorized by law. 
 
 Sec. 13. That the President is herein" authorized to transfer, by order in writing, 
 at any time, any office, liureau, division, or other branch of the public service engaged 
 in statistical or scientific work, and not herein transferred to or included in the 
 Department of Commerce and Labor, to said Department of Commerce and Labor; 
 and in every such case the duties and authority performed by and conferred upon such 
 office, bureau, division, or other l)ranch of the public service so transferred shall be 
 transferred witli such office, l)ureau, division, or other branch of tlie ])ublic service, 
 and all power and authority conferi-ed by law upon the Dejiartment from which such 
 transfer is made, or the Secretary thereof, shall immediately, when such transfer is 
 so ordered by the President, be fully conferred upon and vested in the Department 
 of Commerce and Labor, or the Secretary thereof, as the case may be. 
 
 Sec. 14. That this act shall take effect and be in force from and after its passage. 
 
 VIEWS OF MR. STEWART 
 
 I am roliictantlj^ constrained to diti'or fundamentally with the majority 
 of the committee with reference to the wisdom and necessity of estab- 
 lishing- a se])arate and distinct Cabinet Department of '' Commerce and 
 Labor," or a distinct Department of either Commerce or Labor, 
 
 A proper consolidation of existing- statistical divisions scattered 
 through the great departments of the Government in one division 
 
LK(USLATIVK HISTORY r)47 
 
 undiMaii cxistiiiL;' I )('|):irt luciil would, in my opinion, t'ultill iill (Ikm-om- 
 (litioiis n'(|nir('(l 1>\ the pi'oposcd new l)ep;irliii(Mit. 
 
 Tlif ularminij;- loatmc of the hill is that it will tcsuU, in my iiid<4- 
 nuMit, in tfansfciTinyall tli<' \('xed ([uostioiis of capital and labor which 
 for years have harassed and (Muharnissed our State <4()venunents and 
 numicipalitios to the arena of Federal discussion and agitation. 
 
 Beinu' opposed to the whole scheme of ii separate Department of 
 C'ommerce or Lai)or, it is unnecessary for me to discuss what 1 con- 
 sider the ol)jectionat>le pi(»\ isions of the hill. 
 
 ,James F. Stewart. 
 
 VIEWS OF THE INIINORITY 
 
 The undeisioiied mcmhers of the Committee on Interstate and F'or- 
 (MU'ii Coinmei-ce are unal)le to a«;i-ee. with the committee in its favorable 
 action on Senate hill No. ;")<;<), entitled "A hill to create the Depart- 
 ment of ConnniM-ce and Lahor.'' \\'e do not l)elle\-e that it will pi'o- 
 mote tlu^ interests and welfare of tli(> lahoritio- classes, or the interests 
 of the country, to transfer or include the Department of Labor in the 
 proi)osed new Department of Conunerce. It must he patent to the 
 most casual reader of the evidence given in the hearings by the com- 
 mittee on this subject that the interest and care of hibor in this pro- 
 p()s(Hl new Department would he sul)ordinate to other interests, and 
 we c;ui safely predict that the Secretary of the DepartnKMit would not 
 he a representative of ("ither organized or unoi'ganized labor. 
 
 'rh(> laboring classes are not asking for this transfer, hut strong and 
 earnest protests have been made against it, but the demand comes 
 from other sources. By the act of Congress of June ^T, 1S84, the 
 Bureau of Labor was established and placed in the Depai'tment of the 
 Interior, which act provided for the appointment of a Commissioner 
 of La])or. On the 13th of June, 1888, an act entitled "An act to estal)- 
 lish a Department of Labor" was approved. This act of Congress 
 provided that there shall be at the seat of government a Department 
 of Labor. The Bureau of Labor organized and conducted in the 
 Dei)artment of the Interior was abolished, and the independent Depart- 
 ment of Labor was cn^ated and the authority of the Department and 
 the Commissioner of Labor Avere enlarged as to all industrial interests 
 and kindred subjects. 
 
 We do not hesitate to say that after a careful examination we l)elieve 
 that the record made by tlie Department of Labor since its establish- 
 ment by Congress is highly creditable and has been of great benefit in 
 the distribution of practical and useful information among all classes 
 of i)eople in all matters ])ertaining to lii])or in its most comi)relu>nsive 
 sense. It has cotitributed to the uplifting of the working class of our 
 people. It is not our ])ui'pose to clothe labor with any distinctive or 
 particular int(>r(>st and thus create a class antagonistic to s()m(> other 
 special intei'cst or class, 'i'he genius and theory of our (Jov(Mnm(Mit 
 is opposed to such legislation. However, w^e insist that no conditions 
 or relations should be created by law that tend to promote or invitee 
 friction between the interests of capital and labor, but everything 
 should be done to place them as lUMir in accord as practicable. 
 
 The t)ill, to which we object, practically reduces the present Depart- 
 ineut of Labor to the position of a bureau in the new Departmeut of 
 
548 LEGISLATIVE HISTOKY 
 
 (/oniincrce and Labor. This .subunliuato and over.shadowod position 
 that the Buroau of La))or will occupy in the proposed new Department 
 will be such a discrimination as leads us to fear that distrust and sus- 
 picion will result in friction or create such relations as would siu'iously 
 impair the usefulness and etiiciency of the Department. 
 
 For these and other reasons we dissent to the report of the majority 
 of the committee. 
 
 William Richardson. 
 RoBT. W. Davis. 
 
 DEBATE IN HOUSE OF REPRESENTATIVES 
 
 On January 15, 1903, the bill was taken up under a special continu- 
 ing- order to be considered in Conunitteo of the Whole House on the 
 state of the Union until tinally disposed of: 
 
 Mr. Dalzell. Mr. Speaker, I suljmit the following privileged report. 
 The Si'EAKER. The gentleman from Pennsylvania calls up a privileged report from 
 the Committee on Rules, which the Clerk will reacL 
 The Clerk read as follows: 
 
 The Committee on Rules, to whom was referred House resolution No. 374, have had the same under 
 consideration, and report the following in lieu thereof: 
 
 "jRcso/i'cd, That immediately after the adoption hereof the bill (S. 5ra) to establish a Dep.artment 
 of Commeree shall be tlie speeial and coutiuuiufj: order of liusiness until the same shall be liually dis- 
 posed of, not, however, to interfere with ai)propria lion liills, conference reports, or other siiccial orders 
 heretofore made, or matters of privilege under the rules, and said bill shall be considered in Com- 
 mittee of the Whole House on the state of the Union." 
 
 Mr. Dalzeliv. Mr. Speaker, the House is aware that some time ago the Senate 
 passed a hill creating a Department of ( Jonnnerce and Labor. That bill came to the 
 House and was referred to the Cominittee on Interstate and Foreign Commerce. 
 That committee had considered the bill, and the result was a report by that commit- 
 tee of a substitute bill. It is the purpose of this resolution to call u[> that bill now 
 for consideration. No provision is made for anj' curtailment of debate or of amend- 
 ment or anything of the kind. It is simply made a continuing order until it shall 
 have been disposed of, subject, however, to appropriation bills and other privileged 
 matters in the House. I assume there is no disposition to debate this resolution, and 
 therefore I ask for a vote. 
 
 The Speaker. The question is on agreeing to the resolution. 
 
 The question was taken, and the resolution was agreed to. 
 
 Accordingly the committee resolved itself into Committee of the Whole House on 
 the state of the Union for the consideration of an act (S. 569) to establisli the Depart- 
 ment of Commerce and Labor, with Mr. Gillett of Massachusetts in the chair. 
 
 The Chairman. The House is now in C'oMHnittee of the Whole on the state of the 
 Union for the consideration of the bill which the Clerk will report by title. 
 
 The Clerk read as follows: 
 
 An act (S. 569) to establish the Department of Commerce and Labor. 
 
 Mr. Hepburn. I ask unanimous consent that the first reading of the bill be dis- 
 pensed with. 
 
 There was no objection. 
 
 INIr. Hephurn. I presume that the time for del)ate will be controlled on the other 
 side of the House by the gentleman from Alal)ama [Mr. Richardson], who was one 
 of those making the minority report. I ask unanimous consent that the time for 
 general (lebate may be controlled by myself and by the gentleman from Alabama, 
 and to be equally divided. 
 
 The Chairman. The gentlemen from Iowa asks that the time for general debate 
 be equally divided between the two sides of tiie House, to lie controlled on the one 
 side bv the gentleman from Iowa and on the other side by the gentleman from Ala- 
 bama "[Mr. Richardson]. Is there objection? [After a pause.] The Cliair hears 
 none. 
 
 Mr. Hepburn. Now, Mr. Chairman, I would like to make .some arrangement with 
 the gentleman from Alabama as to the time for general debate. How many hours 
 does the gentleman desire? 
 
LEGISLATIVE HISTORY 549 
 
 Mr. RicnARDSON, of Alabama. Had wf not lu'lttT let it run for a while — sa\- until 
 this ovoninir — and then a<j:re(> njxpn the time? 
 
 Mr. IIiMMUUN. If the ^'cntieman prefers that, I am wiilin;:-. 1 will ikiw yield to 
 the t^entleman fi'om lllinnis [Mr. Mann], who reported the l)ill. 
 
 Mr. Mann. INIr. Chairman, I think the mend)ersof the llnnseare so well ae(iuainted 
 with the sentiment ol the eonntry at lar^ri' in reference to the establishment of the 
 proposed new Departmi'iit that it is not ni'ces.sary to make any extended remarks 
 ni)()n the merits of the proposition; and yet, Mr. ('hairman, there have been jirac- 
 tieally but two new departments of the (iovernment created in more than one hun- 
 dred years, the heads of which departments have been treated as Cabinet oflicers. 
 
 In the tirstoriranization of tlu'(iovermnent the <;reat I']xecutive Dejiartments whicii 
 were created were purely administrative otlices. It was necessary to have a Dejiart- 
 ment of State to carry on the details of affairs with foreiirn countrii's. It was neces- 
 sary to liave a Treasury Department to collect and disburse the public revenues. It 
 became necessary to have a War Dejiartment to administer tlu^ affairs of the Army. 
 It became necessary to have a Navy Dejiartment as an adnunistrativeolHce to admin- 
 ister tlu' affairs of the Navy. 
 
 All of the oriiiinal Kxecutive Departments at the time of their creation were jmrely 
 of an administrati\'e character. Tlu' ci'i-ation of the Department of .Vi^'"'''"ltnre was 
 in a .<ense a dei)arture from the previous policy of the ( iovermnent. I>ut the Depart- 
 ment of .\<rriculture became not merely an administrative otiice, but it bi'came an 
 oHice for research and scientilic investi-^ation. In its nature it had not hi nj^ to do 
 with, and was not reijuireil in order to carry on, the ordinary details of the Govern- 
 ment; but the Dejuirtment of Atiricnlture has shown to tlie country that an oHice 
 created for that pnrj)ose may become of vast assistance to the peoi)le of the country. 
 No doubt the success of the Department of .\)jriculture has had mui'h to do with the 
 demands or re<|nes!s on the ])art of the commercial and manufacturinic interests of 
 the country for tlie creation of a Deiiartment which should be devote(l i)rimarily to 
 tlu' promotion and consideration of (|uestions relating; to transjiortation and the indus- 
 tries of the coimtry. * * * [House Ki'port, <fiven on ])a,u-e 'i.'Jl, here incorpoiatt'd]. 
 
 The mannfacturin<^ industries of the country {)roduce to-day a Value in their j)rod- 
 ucts of nearly §14,000,000,000, many times more than the total airricuitural ]>roducts 
 of the country. The justitication for the creation of the new Department is that 
 the business of the country warrants that the Government shall carry on some of tlie 
 investij^ation.'), some of the scientific research, wliich it can easily do with the facili- 
 ties at its eonmiand and which can be used when known by all classes of the j)eopU' 
 and all of the people upon even terms, but which now are carried on in secret by the 
 emi)loyees of some of the <jreat corporations and used exclusively for the benefit of 
 those corporations. But w<' lind that in the growth of tlu' adininistrati\'e business of 
 the country there has come up in various departments of the (iovernment different 
 branches of scientilic investii^ation and different bureaus devoted to the work of col- 
 ii'diufi; and distiibuting statistical information. And one of the i)urposes of the 
 creation of this Department is to father totrether all of tlie different bureaus now 
 eniiaged in the collection of statistical information, .so that the duplication in the 
 collection of statistics which now exists may l)e done away with, to the benelit l)oth 
 of the Treasury of the country and the i)eople who make use of the statistics. 
 
 For instance, we have in the State Department a lUireau of Foreiirn Connnerce 
 primarily enjiaj^ed in collectinii and distiil)Utin>i; information of a conunercial and 
 statistical nature, t^athered tlirou<ih the consular ser\ ice from foreij^n countries. As 
 an examj)le of the api>arent if not absolute duplication of statistical work, I may call 
 the attention of the committee to the fact that the lUireau of Foreign ('onnnerce of 
 the State J)ei)artment imblishes quarterly a docunuMit known as " Exports Declared," 
 which gives the declaration of exports at the different foreign ports. Now, when 
 goods are being shi|)ped abroad to this country, the consignor makes out a duplicate 
 copy of the invoice of the goods. One copy of the invoi<'e is sent by the consul to 
 tlie State Deiiartment in Washington, from which the Kxiiorts Declared are made 
 nji by consular districts or ])orts abroad. When the jierson importing the goods in 
 this country receives his invoice and makes his declaration of entry at the oustoni- 
 lioiise here, heatfaches tlie invoice to the declaration, and tiie customs otiicers make n\> 
 their report of the goods received, base(l in most cases upon the invoice, and the 
 IJureau of Statistics of the Treasury Dejiartment makes its report of the importation 
 of gofids, based upon the invoici', an<l they putilish their set of statistics. So that 
 the I'lireau of Foreign Ctimmerce publishes (lue set of statistics, based upon the copy 
 of tile invoice whicli it receives, and the I>ureau of Statistics of the Treasury Deparl- 
 meiit publishes another set of statistics based upon the duolicate copy of the invoici'. 
 I do not mean to say that this may not be a proper i>ublication, because the\' are 
 arranged upon a different basis, but even in that case they ought to be arranged with 
 a scientilic knowledge of the projier relationship of the two reports. 
 
550 legislativp: history 
 
 In addition to the Bureau of Foreign Commerce of the State Department, we have 
 the Bureau of Statistics of the Treasury Department, the Bureau of Immigration of 
 the Treasury Department, the Census Office, and several other offices, ))rimarily 
 engaged in the collection of statistics. We propose to consolidate all these offices in 
 the new Department, so that the collection of statistics may he proceeded with on a 
 scientific hasis. 
 
 Mr. (tKAK1'\ Mr. Chairman, I would like to ask the gentleman a question. 
 
 The t^HAiKMAN. Does the gentleman yield? 
 
 Mr. Mann. Certainly. 
 
 Mr. Graf1'\ Relative to the provision authorizing tlie President to transfer statis- 
 tical bureaus in the other departments of the Government to this Department of 
 Commerce and Labor, is it obligatory upon the President to df) this or is it done 
 when his discretion moves him to do it? 
 
 Mr. Mann, ft is not ol)ligatory ui)on him and is not intended to in any way make 
 the transfer of the statistical branch of the Agricultural Department. I supiiose that 
 is what the gentleman had in his mind. 
 
 Mr. Gkafk. That is true. 
 
 Mr. Manx. I do not suppose that under this provision of the law that transfer will 
 ever be made, and certainly it will not be made unless it should be a matter recom- 
 mended by the Agricultural Department itself; Imt there are various branches of the 
 public service engaged in the collection of statistics where that collection is a dupli- 
 cation jiractically of the work done in the Census Office, and it is desiraljle to permit 
 that work to be done by the new Dej^artment. If we did not authorize tlie transfer 
 it would throw out of gear the machinery of the (Government, if the work were to 
 be done in the new Department and stopped in the old department, which would 
 be the other way of getting at tlie same results. This provision also will permit the 
 I'resident to transfer to the new Department, if it shall be his will, the main portion 
 of the (Geological Survey, scientific! in its character, but which we could not well 
 transfer in this l)ill because a portion of the work is devoted primarily to the land 
 surveys and it would have jmuhK^ed a confusion to make a transfer of the entire 
 Survey. 
 
 Mr. Maddox. Mr. Chairman, may I ask the gentleman a (jnestion? 
 
 The Chairman. Does the gentleman yield? 
 
 Mr. Mann. Certainly. 
 
 Mr. Maddox. My question relates to the transfer of these statistical bureaus from 
 the other departments. Is there anything in this bill now that proposes to do away 
 with this duplicate work, or, in other words, are we to carry on this duplicate work 
 by two or three sets of men gathering different kinds of statistics? 
 
 Mr. Mann. This bill incorporates into the new Bureau the live chief branches of 
 the Government .service engaged in statistical work. It propo.ses t(j authorize the 
 Pre.sident to transfer to the lUnvau other branches of the service engaged in statis- 
 tical work. I can not say how far that juay be done. For instance, here is the Com- 
 missioner of Education. A large portion of his work is not statistical; a large share 
 of the work now performed by his office is statistical. A great deal of the work per- 
 formed by his office is also jierformed practically and to a large degree by the Census 
 Office. This bill would permit the President to transfer to the new Department the 
 statistical work done by the Conunissioner f»f Education if he chooses to do so. It 
 would jiermit the statistical work done by the Interstate Commerce (Viunnission to 
 lie transferred to this Department. The Interstate Commerce ('onunission has cer- 
 tain diviiled duties — one of those duties, and the principal one, being semijudicial in 
 its character. It relates to railroad rates and discrinnnations and to the punishment 
 of those who receive rebates. Another of its duties is purely statistical. 
 
 Mr. Maddox. The gentleman does not seem to get my idea. 
 
 Mr. Mann. I will say to the gentleman that the purpose of the bill is to do away 
 with the duj)lication of statistics. 
 
 Mr. Maddox. That is what I wanted to know. 
 
 Mr. Mann. And we try to reach that in the bill so that we will do away with the 
 duplication of statistics entirely. 
 
 Mr. Maddox. That is the object of the bill? 
 
 Mr. Mann. That is one of the main objects of the bill. 
 
 Mr. Maddox. Well, that is a good jiurpose if that is what it means. 
 
 Mr. Lacey. Mr. Chairman, I would like to ask the gentleman a (|uestion. 
 
 The Chairman. Does the gentleman yield? 
 
 Mr. Mann. I yield to the gentleman from Iowa. 
 
 Mr. Lacey. I notice that it transfers the seal and salmon fisheries in Alaska to this 
 new Oi'partment. Now, under the present arrangement, the law is enforced through 
 the Revenue-Cutter Service. This will take away from the Secretary of the Treasury 
 the control of this business, transferring it to another department, whicli will have 
 
LEGISLATIVE HISTORY 551 
 
 HA iiiafliiiiery witli wtiicli In ciil'drcf (lie law. Is tlicic nut (lanj,'i'i' of tliat, aii<l has 
 that matter been con^iidiTrd hy the eoimnittee? 
 
 Mr. Ma.w. I will say to my friend from Iowa that I uiiderstand that the tran.sfer 
 of this hraiu'h of the service meets the ait|)roval of the 'I'reasury Departiiu'iit. 1 am 
 not cerrain hut that the ^'entleiiian may he correct as to the need of the lievemie- 
 ("utter Service in onler to properly ])roteet the seal and salmon iisheries of Alaska. 
 1 jiromise the jj;entieiiian that I will look into the matter further. 1 am not person- 
 ally ai-qnainted with tlie service. 
 
 Mr. Lac'KV. Mr. Chairman, if the Revenue-C'utter Service is not needed in connec- 
 tion with tliese Iisheries, what is tliere for the Revenue-Cutter Service to do in Alaska? 
 .\s I understand it, the i)rineipal work that they have been perforiniiiL' there has 
 lieen to look after the seals and salmons. 
 
 Mr. Manx. Tlu\<;entleman knows my views u|>on the subject of the Uevenue-( 'utter 
 Service and i)erhaps that is the reason he asks the (piestion. 
 
 Mr. Lai'KV. 1 was not askiii*,' for the ir<'ntleman's views. I was delving' for facts. 
 I wanted to ascertain what arrangement Ihei-e is to jirotect the seals and the Iisheries 
 there if we transfer this business to a department that has not anythinjz; alloat with 
 which to look after these various matters. Seriously, it seems to me, that this tru.ns- 
 fer ought not to be made, and there ought to ])esome good reason for making it, if it 
 is transferred to a department that has not anything in the world with which to 
 enforce the law. 
 
 Mr. Manx. Mr. Chairman, the gentleman from h)wa [Mr. Lacey] has given a 
 good deal of consideration, as I rememi er it, to the subject, not only of game, butof 
 fisheries, in Alaska and elsewhere, and there is no one in this body for whoseoj>inion 
 upon that subject 1 have greater respect; and I will invite hisattention to this thought: 
 The seal business of Alaska amounts to but little now. We all know the regulations 
 in regard to it, and we all know the difficulties about enforcing any regulations which 
 we may seek to make; but the lishery busine.ss of Alaska is of great importance. The 
 Alaska fisheries are of value. The Alaska seals are not of much value now. 
 
 The gentleman from Iowa well knows that there is danger that the salmon-fishing 
 l)usiness of Alaska will be wijjed out of existence. The gentleman from Iowa well 
 knows that the other Alaska Iisheries are now threatened with extinction for lack of 
 j)roper regulation and c(.)ntrol. The Treasury Department is not engaged and can 
 not be engaged in the protection of the industrial interests of the country. The 
 Treasury Department has the great questions of finance, of income and disburse- 
 ments, ui)on its shoulders. It has the questions of currency which agitate us so 
 often. But here is a department which we propose shall devote itself, primarily, 
 after the collection of information, to the protection of the industries of the country, 
 so that it may make to Congress proper recommendations and reports upon these 
 subjects; and no doubt when the Alaska fisheries are transferred to the new Depart- 
 ment of Connuerce, and the Secretary of that Department, through his subordinate 
 otHcials, givi'S to this sul^ject his beijjt attention, we will have presented to Congress 
 in some pro])er and forcible manner the need of legislation, for lack of which the 
 fisheries are in danger of becoming extinct. 
 
 -Mr. Chairman, with the transfer of the Bureau of Immigration to the new Depart- 
 ment, we have ])roposed the transfer of the control over the subject of the exclusion 
 of Chinese. We haveendeavoreil toguard this matter very carefully. The jirovision 
 in the Senate bill has been changed, but I am not sure yet whether the gentleman 
 from California [Mr. C(»)ml)s] may not desire to j^resent some further amendment 
 up(tn that subject for the considei-ation of the connnittee. 
 
 I belit've, Mr. Chairman, that if we create this Department we will find that it 
 meets the approval of all the interests of all our country. While in the end it will 
 undoubtedly entail some additional expense upon the country, it will in some of its 
 particulars restrict the i)resent expenditures, and our country, which is growing 
 great so rai)idly, can aff(jrd at this time to create a branch of the service, the head 
 of which shall have a seat in the President's Cal)inet, devoted to the industries of 
 the country, devoted to furnishing information for the benefit of the people of our 
 country engaged in industrial j)ursuits, a department w hich, like the De])artment of 
 Agriculture, will take its place among thescieutitice branches of public service in the 
 world. 
 
 No branch of our public service anywhere stands so high abroad for its scientific 
 work as our Dejiartment of .\gricultin-e does. May we hope in the future that the 
 Dei>artment of Commerce an<l Labor may occupy a position ui)on an eciually high 
 plane. [Applau.se.] 
 
 .Mr. Ri( iiAKDsoN, of Alal)ama. Mr. Chairman, I think it advisable at this stage of 
 the discussion for me to explain as wi'll as 1 can the position of tlu^ minority on the 
 (juestion of this De[)artmentof ('oinmerceand Lalxjr. Atthejiroper time I will move 
 to strike out from the title of the bill and from each section in the bill the words 
 
552 LEGISLATIVE HISTORY 
 
 "and Labor," so that it will read, "To establish the Department of Commerce." I 
 can not understand, Mr. Chairman, why there is such an anxiety to include the 
 present Department of Labor in the Department of Commerce and Labor. It is 
 readily and easily understood, it seems to me, and will ))e readily comprehended by 
 any gentleman on the floor of the House who will take the trouble to read the exten- 
 sive hearings before the Committee on Interstate and Foreign Commerce on the sub- 
 ject, that whenever that is done, the independent Department of Lal)or as it is to-day, 
 created by an act of Congress, will be i)laced in an overshadowed and subordinate 
 position. 
 
 I repeat, Mr. Chairman, that if anyone will read carefully, calmly and dispassionately 
 the hearings on this subject it will be perfectly manifest that that will be the position 
 of labor in this Department of Commerce and Labor. It will occupy a subonlinate 
 andovershadowed position. This bill in effect strii)s the Department of Labor of the 
 dignity it has earned and deserves. Any man that is fair in this House would see, 
 if he would think of the matter for a moment, that the Secretary of this Department 
 of Commerce and Labor is in nowise likely to be a representative of labor, either 
 organized or unorganized. You may say that a Secretary ought not to represent the 
 interests of any class. So do I say that. But can any man shut his eyes to the over- 
 whelming prol)abilities, yea, certainty, in this matter? Who is asking for the 
 Department of Labor to lie included in this new Department of "Commerce and 
 Labor?" I propound that question, and I ask that it be answered in the discussion 
 of this ])ill. Labor is not asking it, but is earnestly protesting against it. I am 
 not here, Mr. Chairman, in the most indirect manner to indulge or engage in 
 "pyrotechnics" or so-called demagogism of any kind whatsoever, but to present a 
 fair, just, and proper consideration of this great subject. I am not here to ignore 
 that which is right and ought to be done. The Brotherhood of Locomotive Engineers, 
 the Brotherhood of Locomotive Firemen, the Order of Railway Conductors, the 
 Order of Railway Trainmen, the American Federation of Labor, and the Seaman's 
 Union all have entered an earnest protest against the passage of this bill with the 
 Department of Labor included in it. The recent report of the United States Indus- 
 trial Commission shows that the number of employees engaged in railway serv- 
 ice — which these railway labor organizations represent — approximate fully 1,000,000 
 employees, upon whom 5,000,000 j^eople are dependent. 
 
 These are the jieople who protest most solemnly and earnestly against this transfer 
 of the I)ei>artment of Labor to the new Department of Commerce and Lal)or, giving 
 good and solid reasons for it. Mr. Chairman, it can be safely said that more than 
 10,000,000 of our people are engaged in manual labor, earning their subsistence from 
 daily wages. It is not necessary for me to enter into these details and statistics. 
 Then, I ask again, who are the peoi^le and what are the interests, in the face of this 
 protest, that demand that the transfer of the Department of Labor be made? We 
 know that the labor interests object. Why, Mr. Chairman, that great interest of- 
 the employers, who in a comprehensive sense are synonymous with commercial 
 men, among whom friction upon the qnestion of labor arises. They are the people 
 who are asking that labor be transferred to this Department. I say, if any friction 
 arises, jnflging from the past, it arises exactly with those interests, those enterprises, 
 and those industries to which labor will be subordinated in this new Department of 
 Commerce. 
 
 AVill not such a forced and unwilling and incompatible relation create on the part 
 of labor suspicion, distrust, and discontent, and measurably destroy the usefulness 
 and ethcieney of the new Department? Now, Mr. Chairman, I will refer briefly 
 to the character of the interests and the representatives that ask that labor be 
 included in the proposed new Department, and in doing so I in no manner desire to 
 reflect upon the intelligence, the sincerity, or the patriotism of the representatives 
 of those interests. I accord to them full honesty. The first I notice is the state- 
 ment of the ])resident of the Manufacturers' Association of the United States. He 
 said before the committee: 
 
 The creation of an additional Federal department of the character suggested, with representation 
 in the Cabinet of the President, would be of great advantage to the business interests of tlie country, 
 and would thus promote the material welfare of tlie )iatioii. There are innumerable problems which 
 very vitally coiu'ern the mannfarturin.i,'- and ('(imiiierciiil interests of the country, the consideration 
 of which would properly come witliin tlie seo|ic of tlie jiroposed 1 leiiiirlinent. 
 
 To cite a single sjtecitic fnncti(in wliich wmild properly fall to that heiiartment, I need only point 
 out the cnoniKuis importauci' of tlu' e.\|inrt tracie of the United States in manufactured products. 
 During tlie calendar year UtOl tlu' total exports from the United States amounted to SI, 1:^,000,000, of 
 which |:>l)r),0(iu,li0ll consisted of inaniifiicturcd products, equal to over 27 jicr cent of the total. 
 
 In the last tt'U yearsdiircxiKirtsof manufactured ]irodui'ts ha\'e incrcasc(l more than threefold, and 
 to everyone who has studied the possibilities (if our exiiort tra<le it must he apparent that the growth 
 of the jiext ten years in this particular direction will probably exceed very largely the increase of the 
 past de<'ade. 
 
 It should be the function of such a department as is proposed in the pending bill to assist in every 
 feasible way in the extension of the export trade of our matHifactures. 
 
LECHSLATIVK IIISTOHV 553 
 
 We had also tlie statemont of Air. Noyes, of Chicago, Mr. Anderson, of I'ittslmrfj:, 
 I'a., l)oth of whom were hitrhly cultivated coniinercial gcntlciucii, and Mr. l?asH, a 
 iiiaiiiifai'tiin'r of nuu'hiiici y in New York and an cxi)ortcr, togctiicr witii Mr. Prince, 
 <if Ni'W Mexico, an<l .Mr. Hntler, of San Francisco, who jointly represented tlu^trans- 
 .Mississippi Congress. There were several other re[>resentatives wiio also inadestate- 
 nients before tiie coinnnttee, hnt these serve to illustrate and deline clearly the 
 interests and inlluence urging the passage of this hill and the suhniergenee of lahor 
 in the new Department. l>ut yet it has heen earnestly contended hy many of the 
 representative gi'ntiemen whom I have referred to, and indeed ))y gentlemen on this 
 lloor, that tiiey knew lirtter what was to tln^ interests of lahor than the lal)oring 
 ilasses or lahor organizations knew. Mr. Chairman, it is hut the impulsti of human 
 nature to look shyly on the motives of those who protest that they love and look 
 after our interests and our welfare hetter than we can look after our own interests. 
 They fn-ely ignore the accepted idea that self-interest is the lirst law of nature. In 
 this Connei'tion, ]\Ir. (/hairman, I will read from the statement of Mr. A. Fnrnseth, 
 representative of the Seaman's Union, which exi)resses most forcibly the opiui.iii of 
 lahor on this subject: 
 
 Tlio CiiAiuMAN. <iivc' tl\c eommittoo ynur idea now of thnt class of advice, that class of consulta- 
 tiinis l)ct\V(c'ii the President and the head of thissreat l)eiiartnienl, for instance, on the subject of 
 poninierce, that would he inimical to labor, or on the subject of labor that would be inimical to com- 
 morce, as it would be considered by tlu' head of a sreat department like this. 
 
 Mr. Fi'RiSETii. Well, 1 have not personal exi>erience or personal knowledge enough about either 
 to be able to say what kind of advice a (iovernment ollieor gives, lait I want to .say this: 
 
 I have no knowledge of what a Cabinet ollicer's duties are, but what 1 am concerned in, and what 
 la\)or aboxe all other thiu.gs is concerned in, in my opinion, as 1 know it, is that the information fur- 
 nished the iiublic, furnished to Congress fur its use, dealing with the condition of the working people 
 as to the hours of work, as to the time, a.s to the pay that they receive for it, as to the prices of ihiug.s 
 that they have got to buy to live, their actual everyday living conditions — that which touches us 
 every morning when we go to work and touches us again at night when we come from work — these 
 cjueslious are to ns everything in the world, because upon the condition that we have there depi'Uds 
 our whole life. It deteruiines what kind of education our chililren shall have. It determines what 
 kind of clothes our wives shall wear. It determines the hopes and aspirations we may have for our- 
 selves and our posterity. 
 
 The CiiAuiMAN. But is not that common to all the people? 
 
 Mr. FfuisKTU. Tt is; but not in the same degree that it is common to labor. Since yon have asked 
 the <iuestion I might as well state a word more — one that I said in the labor committee about a year 
 ago. There is in the nunds of the working ])eople, as I know it, a fear, not only that the condition 
 is not going to be better, but that the condition is going to be worse. There is a fear that in the 
 changing of the industrial system that is taking place the working peoi)le are to be again i>laced by 
 legislative act and assisteil by legislation, in the relation to industrial appliances, in tlu' same posi- 
 tion that they once were i)lace(l with reference to land. There is a fear of that. Whether that is 
 justified or not is aiiuesliou, but that the fear is there anil tliat they look upon and look toward every 
 step taki'ii as either asteji from that fear or toward that danger there is no question at all. 
 
 The Labor Bureau is a department which has been organized for the specilicr ]iuri)ose of giving to 
 the ]ieopie the truth ollicially — the truth as to thi; actual couditions of the w<irkiug people — to the 
 end that the statesmen may use that in order to arrive at better and better cou'litious without dis- 
 ruption of existing forms of society. When the workingmau finds that this is to be covered in some- 
 thing else in such a way as to take away its strength, its etticiency, its reliability, lie is at once full 
 of suspicion — he fears it. He fears it as he fear-i arbitration laws. He fears it as he fears injunctions. 
 He fears it as he fears those combinationB that make it possible for one man to say how much I shall 
 get a <lay and how many hours of labor I ^hall work, or whellicr I shall work at all or not. 
 
 He feels it. He feels it every day siud fears it, and through those fears and apprehensions there 
 runs the sentiment of the working i>eop!e, .something that very lew men who have not been among 
 the working people, who do not live there ami feel there all the time, can grasp or get hold of. It is 
 a fear that at the jireseiit time is almost nauieless, because it is not understood even among them- 
 selves: but the fear is there, and anything that is done toward creating a stronger fear, anything 
 that is done that will add to that apprehension, will Iiave a disquieting influence and will be disas- 
 trous to the confidence that the working people w'ould so gladly continue to liave in the legi.shitive 
 branches of the (iovernment of the I'nited States. 
 
 Can anyone read the al)ove statement made by the president of the Manufacturers' 
 Association of the Uniteil States and not plainly see that he thinks that the chief 
 function of the Department of Connnerce and Labor woidd be to look after our 
 export trade? Do you or anyone else believe that the Alanufacturers' Association 
 would aece[)t a rei)resentative of labor as a suitable man for Secretary of such a 
 Department? Why, no. The next that I call attention to is the statement of the 
 general counsel of the National Jhisiness League, Air. John W. FJa: 
 
 Mr. RiciiAnDSON. Now, I am not understating the importance of the manufactures of this country, 
 but I am calling your attention to the fa<-t that while you are laying a great deal of stress— and prop- 
 erly — on the manufacturing interests, does not labor occu)iy a position equally important, and would 
 it not l)e of as much importance as the manufacturing interest.s? 
 
 Mr. Ela. I certainly think so, and I think the interests of labor will lie much better taken care of 
 in this Department than if they were left in a bureau by themselves. 
 
 I ri'fer now to the statement of Mr. George II. Barbour, representing the AVestern 
 manufacturers. 
 
 Mr. BARiioiR. I am simply here to represent the Western manufacturers, which yon of course all 
 know during the last twenty-five years have be<'omc very iirominent. In my own city, Detroit, we 
 excel ill some jjarticular lines of manufacture. In the line which 1 rejiresent, stoves, we do one-tifth 
 of the business of the whole United States, jf.MWO.UdOof ijroducts, and there are f:3t),UU0,000 toS35,0(X),000 
 of products in the United States. 
 
554 LEGISLATIVE HISTORY 
 
 To mention some other varieties of manufacture, 21,000 wooden ears are turned out by the Ameri- 
 can Car Company, at a value of over 813,000,000, giving employment to over 4,000 people. 
 
 Now, Mr. Chairman, what is the situation in this case? Why, sir, this is no new 
 question. It has been under discussion for many, many years. By an act of Con- 
 gress of June 27, liSS4, a Jlureau of Labor was created and ])laced in tlie Department 
 of the Interior and was under tlie charge of a Conunissioner of Labor with a salary 
 of $:^,000 a year. Afterwards, on the 13th day of June, 1888, Congress passed an act 
 to estaljlisli a Department of Labor. The Bureau of Labor assigned to the Interior 
 Department was ])y this last act abolished. Under the act of 1S88 labor was elevated 
 and accorded more dignity and more position by putting it in an independent 
 department. The authority of the Commissioner of Labor and the scope of the 
 authority and province of the Department of Labor was greatly enlarged by reason 
 of the very beneficial work that the I^ureau of Labor had ilone for years jjast. The 
 work performed by the Department of Laborin its independent capacity and free from 
 the control of any of the great dejiartments of oiu' (iovernment is in every respect 
 creditable, t'ongress has manifested its conlidence in tlie Department f)f Labor by 
 the passage of joint resolutions and otherwise calling for valnal)le information, I 
 will call the attention of the committee to a few of such instances. 
 
 Joint resolution No. 29, August 2, 1886: 
 
 The Commissioner of Labor is hereby authorized and directed, under the direction of the Secretary 
 of the Interior, to make a full investigation as to the kind and amount of work performed in the 
 penal institutions of the several States and Terriloriesof the United States and the District of Colum- 
 bia, as to the methods under wliich convicts are or may be employed, and as to all the facts pertain- 
 ing to convict lalxir and the inliuenceof the same upKin the industries of the country, and embody 
 the results of such investigation in his second annual report to the Secretary of the Interior. 
 
 Bill of appropriations for the fiscal year ending June 30, 1896, contained the fol- 
 lowing item: 
 
 The Commissioner of Labor is hereby authorized to make an investigation relating to the economic 
 aspects of the liquor problem, and to report the results thereof to Congress. 
 
 Joint resolution No. 43, August 15, 1894: 
 
 The Commissioner of Labor is hereby authori/.ert and directed to investigate and report upon the 
 effect <>( tile use of machinery upon lai)or and the cost of j)r(iductii>n, the relative productive power 
 of hand anil uiacliiiie lalior, the cost of manual and machine power as tliey are used in productive 
 industrii's, the elfect upon wages of the u.se of macdiinery operated l)y women and children, and 
 whether changes in tlu' creative cost of products are due to a lack or to a surplus of labor or to the 
 introduction of power machinery. 
 
 Bill of appropriations for the fiscal year ending June 30, 1888, contained the fol- 
 lowing item: 
 
 To enable the Commi.ssioner of Labor to collect and report to Congress the statistics of and relating 
 to marriage and divorce in the several States and Territories and in the District of Columbia, 110,000. 
 
 Second special. Labor Laws of the United States: This report, published in 1892, 
 was prepared at the request of the Committee on Interstate and Foreign Commerce 
 of the House of Representatives, to which had been referred a resolution of the House 
 " providing for the compilation of the labor laws, etc., of the various States and Ter- 
 ritories and the District of Columbia." By concurrent resolution of March 5, 1896, 
 5,000 additional copies were ordered to be printed — 
 
 and the Conunissioner of Labor is hereby authorized to revise said report to include the labor legisla- 
 ion subse(|ueut to the year 1891, and to annotate the report with reference to decisions of courts under 
 the laws comprehended therein. 
 
 Senate resolution of December 4, 1890: 
 
 The Commissioner of Labor is hereby directed to examine and report the extent of the pho.sphate 
 industry in the United States, the number of laborers employed, and the opportunities for the 
 employment of labor in the futvire development of the phosphate deposits. 
 
 Joint resolution No. 22, July 20, 1892: 
 
 The Commissioner of Labor is hereby authorized and directed to maJce a full investigation relative 
 to what is known as the shuns of cities, confining such investigation to citit-s containing 200,000 
 inluibitaiits and over, as shown by the Klevenlh Census. The investigation shall relate to the occu- 
 pations, earnings, sanitary surroundings, and other essential facts necessary to show the condition of 
 residents of such localities, and to show so far a.>- it may be done the condition of such re.sidents com- 
 pared with residents of cities of similar size in other countries. 
 
 Statistics of cities, chapter 546, section 1, Laws of 1898: 
 
 Tlie Commissioner of Labor is authorized to compile and publish annually, as apart of the Bulletin 
 of the Department of Labor, an abstract of the main features of the official statistics of the cities of 
 the United States having over 30,000 population. 
 
 In the Senate of the United States, 
 
 AjJi-it 29, 1897. 
 
 Resolved, That the Commissioner of Labor be, and is hereby, directed to send to the Senate a state- 
 ment of the cost per thousand feet, board measure, of producing white pine lumber in the United 
 States and in Canada, respectively; the statement to include the cost of lumbering, or the work in 
 the woods, and the cost of manufacturing, or the millwork, in two separate items, including also the 
 cost of stumpage. 
 
LEGISLATIVE IITSToRV l)i)l) 
 
 In TiiK Sknatk op tiik United States. 
 
 Jiinr ^'1!, iS'jr. 
 Kr.inlvnl, That tlio Oominissionor of Ijivbor 1)0, and is luToby, diroctod to collect frniii ollicinl 
 sources or otluTwiso, if necessary, iufornuition relating' to total cost and labor cost of i>rodiiction in 
 liftei'n of till' Icadinir inilnslries comnion to this country, (ircat Hritiiin, France, Ucli;iiini, and (Jir 
 many, and rc|iiirt tiie results of liis iiKjtiiries to the Seiiati" as soon after tlic niceliuK of the sc<-ond 
 session of the Filtyliftli Congress as ]iossihh': Pniriih il. That the in(|iiirics hereby antliorized shall he 
 carried on under the residar ajiproiiriations iiiadi.' for the iJepartnient of Lalxir. 
 
 W.M, R. (;o.\, SdTildri/. 
 
 A report on tliti "effect, of the international copyrijilit hivv of the United States" 
 was nuule in conipiiance with a re.><olntion of tiie I'liited States Senate on January 
 2,S, liHX), a.s follows: 
 
 RtKolnd. That the Commissioner of L.\l)or he, ami is hereby, directecl to investigate the elVect 
 upon hihor, production, and wases of tlie international copyriirht act ••ipproved March;!, Is'.tl, and 
 report the results of liis iiKiiiiries to the Senate or tlirouufh the liiilletin of the Di'partnient of Labor: 
 PiDviddl. That the investiKatii>n liereby authorized sliall be carrieil dut under tlie rcLruIar appropria- 
 tions made for the department of Labor. 
 
 The (lata fnrnished heretofore refer to ]ni])lieatioiis already issued. 'I'here is now 
 in tlu' hands of the printer a report of the ("oimnissioner of Labor on Hawaii, to be 
 known as "Senate Docninent No. 1(>9, first session of the Fifty-seventh Conu;re.s.s, " 
 prepared in aeeordanee with the followinfj; provisions of an act ai)pnived April ;50, 
 1900: 
 
 It shall be the duty of the T'nited States Commissioner of Lidjor to collect, assort, arranse, and pre- 
 sent in aininal reports statistical details relating,'- to all departmeids of lalior in the Territory of 
 Hawaii, especially in relation to the commercial, industrial, soi'ial, educational, and sanitary condi- 
 tion of the laboriiis? classes, atid to all such other subjects as Con,t,'ress may liy law direct. The said 
 Commissioner is especially charged to a.scertain, Jit as early a date as jiossible, and as often thereafter 
 a.s such information may be recjuired, the highest, lowest, and average iiinuber of employees t'ligaged 
 in the various industries in the Territory, to be classified a.s to nativity, sex, hours of labor, and con- 
 ditions of employment, and to report the same to Congress. 
 
 All that tlie Department of Labor lacks now is to have a Secretary to take a seat in 
 the Cabinet (d" the rresident. Why should this independent Department of Labor, 
 that is off to itself, and has accoini)lished such jjreat good — wliich the record clearly 
 shows — why should it l)e transferred to the Dejiartment of Comnierce along with the 
 luireansof Fish and Fisheries, Light-House Service, Coast anil tieodetic Siu'vey, and 
 soon? It is now an independent department, doing good service for the country, 
 and why change it? Again, ]\Ir. Chairman, 1 think I have the right, on an occasion 
 of tins kind, when this great subject is under discussion, without being charged with 
 being alarmed at the "rustling of tlie overalls," as some gentlemen are willing to 
 say, to refer to the action of the two great political parties of this country on the 
 subject of labor. It is true that a distinguished gentleman at the other end of the 
 Capitol, the Senator from Pennsylvania, in commenting on the platform of the 
 RejHiblican party of 1900 favoring the early admission to statehood (d the Territories 
 of New ^Mexico, Arizona, and Oklahoma, said that he hoped that this certain para- 
 graph in his ))latform was "tiot a lie," j'ctthe Senate, controlled by the Repnblican.s, 
 received many months since the omnibus bill jias.sed by tlte House for the admission 
 of these Territories to statehood. The si)ectacle is now daily witnessed of the Repub- 
 lican Senate seeking every parliamentary device to kill the bill. I hope that no 
 great political jKirty in this country will ever stand in that attitude ])efore the people. 
 These platforms ought to speak the truth and express the sentiments that the framers 
 entertain. Tlu' country is tired of duplicity and of meaningless platitudes. The 
 people are Iionest and they have the right to demand and expect honest, plain, fair 
 dealing from both of the great |)olitical ])arties that seek supremacy in the Government. 
 
 Tlie Ke]Miblican platform of 1900, in telling the country what the Republican party 
 would do if retained in jiower, sai<l: 
 
 In the interest.s of our expanding commerce, \vc recommend that Congress create a department 
 of r-ommerce and industries in charge of a Secretary, with a seat in the Cabinet. 
 
 The Republican j^arty, in the same platform, emphasizes its high regard for labor 
 just before the la.st national election by saying relative to the wage-earners of our 
 country: 
 
 Their constantly increa.sing knowledge and sl<ill have enabled them to linally cider the markets 
 of the world. 
 
 Mr. Chairman, if labor has accomjilisheil this great work, ham]K'red as it has been 
 in the i)ast — if it has aided so matt-rially in making our ( io\-ernment a " world ]>o\\er" 
 among the nations of the world, is it just and right, is it a fiiKillmcut of the Repub- 
 lican i>latforin pledge, to reduce the indcia'iident Department of Labor to the ])osition 
 of a bureau, ami as such put its light under a bushel in the Deiiartmeiit where the 
 magnates of couinierce and the leaders of great industries will be the supreme rulers? 
 
556 LEGISLATIVE HISTORY 
 
 Would it not be more to the interests of all the people of our country — would it 
 not be promotive of the peace, hapjnness, and prosperity of the great laboring 
 classes of our country to recognize their just rights and accord to laJ)or a separate 
 department, with a Secretary in the Cabinet of the President? The answer to this 
 ((uestion rests alone in the hands of the leaders of the llepublican ]iarty. The Dem- 
 ocratic party stands ready and willing to redeem its pledge, made in good faith, and 
 now at this time join enough Republicans and vote for a separate depai'tment of 
 labor with a Secretary in the Caljinet of the President. We will then cheerfully 
 join you in creating a department of connnerce of the same dignity and importance. 
 The responsibility for failure will abide with the Repul)lican i)arty. You may say 
 that commerce enters into and pervades all the varied and broadening interests of 
 our people. You are bound to concede the same functions to lal)or. They face each 
 other with equal dignity and importance, and are alike entitled to Congressional 
 recognition. I yield to no gentleman on the floor of this House a more sincere and 
 patriotic desire to aid and contribute to the development and growth of our foreign 
 commerce than I possess myself. I am buoyant with hope for the increase of our 
 trade with the Orient. It means the increase of production, industries-, and enter- 
 prises to the people of all sections of our country. It means a nuiltiplication of the 
 cotton mills of the South, and I accept it as a long stride in the ultimate commercial 
 supremacy of the South. That day is not far distant. 
 
 The laws of nature fashioned and are directing this supremacy. It will partake of 
 no sectionalism. My own native State, Alabama, is conceded now to be the " iron 
 State" of the Union, and the position of being the "iron State" of the world will 
 yet be accorded to this great and promising C/onnnonwealth, and her sister States of 
 the Union will find glory and pride in her wealth and power. It is a startling fact 
 that Alabama, with not one-quarter of the population of the great Empire State of 
 New Y'ork, has, in the last few years, increased her railway ndleage until she now 
 has 50 per cent of that of the State of New York. The grand old State of North 
 Carolina, teeming with ])roud memories and populated by a thrifty, enterjirising 
 peojile, having a iiojjulation about equal to that of the State of New Jersey, but 
 possessed of but few of the manufacturing interests and facilities that New Jersey 
 has, to the amazement of the world has developed and increased her railway systems 
 and tracks until to-day North Carolina has 50 per cent more railway mileage than 
 New Jersey. Georgia, the Empire State of the South, has twice as much railway 
 mileage as the great State of Massachusetts, and Arkansas has three times as much as 
 Comiecticut. 
 
 What does this mean? What significance has it to the man who is looking for 
 rennmerati\e investment? These Southern States are but instances of what the 
 Southern States all are doing. But a few years since these samt^ States that I have 
 specially mentioned were poor and needy and commercially inaccessible. It is their 
 great natural and undeveloped nuneral resources, their rich and cheap lands, their 
 manufacturing advantages and su]»eriority, that has invited and secured this won- 
 derful development of their transi>ortation facilities. Men interested in railroads 
 are not given to the construction of lines merely for health or pleasure; but they 
 build them as they ought to build them, for the jiurpose of making money. All of 
 this is but a precursor of the future ])rosperity of the South. When we remember 
 that it is the laborer and the wage-earner that makes the foundation of this great 
 development — is the key to the arch of our i)rosi)erity — it l)ehooves us to mete to 
 labor its just rewards by giving it its ])roi)er recognition. 
 
 But it is said, Mr. Chairman, that no one came before the Interstate and Foreign 
 Commerce Committee bearing authentic credentials to speak for labor as a class in 
 opposition to including the Department of Labor in the Department of Commerce. 
 ■ I submit the following: 
 
 Mr. Fuller. Mr. Chairman and members of the committee, I luive a credential liere sliowing whom 
 I represent, a copy of whicli I will leave with the committee. 
 
 Cleveland, Ohio, December 2, 1901. 
 To ii'liom tliexc presaitu ma)/ concern, r/rectinr/: 
 
 This is to certify that tlie bearer hereof, Mr. H. R. Fuller, whose signature appears below, has been 
 duly chosen to serve as the representative of the above-named organizations at Washington, D. C. 
 during the sessions of the Fifty-seventh Congress, in matters pertaining to national legislation. 
 
 1'. M. Arthur, 
 Grand Chief En(jinecr lirothcrliood of Loeomotire Engineers. 
 
 F. P. Sargent, 
 Grand Master Brotherhood of Locomotive Firemen. 
 E. E. Clark, 
 Grand Chief Conductor Order of Railway Conductors. 
 H. P. Perham, 
 President Order of Raihvay Trainmen. 
 
LEGISLATIVE HISTORY 557 
 
 I wish to sny first thnt T dcsiri' it to be unilorstood l)y the committee that I do not come here to oppose 
 any of these bills creatiiiK a Department of ("oiumeree; but I coirie here to oppose all provisions which 
 may appear in any of Ilu'm which seek to put the present lieparlmeiit of Labor muler tliis new pro- 
 posed Deparlmciil. Tliis is my prime moli\c. but I want to say, however, in addition to this, that I 
 wish lonrKenpon the members of the eoiiiiiiillee tla^ necessity of also KiviiiK labor a distinct and 
 separate place in the President's ("abinet, free from any other l)epartment « liatever. I listened hero 
 yesterday to the friends of this bill, and was very much intereste<l in what they .said, and I want 
 them to thoriai;,'hly understand my i>osltion. 'We iire not here opposinj; tlieir bill in the lea.st. 
 
 Why is tliia Department of Commerce asked for, INIr. Cliainiian? It is ])ecau8e it 
 Avill advarui' and facilitate and promote our commercial interests with tiie world. 
 These interests have grown and increased so wonilcrfully in tiie last ten or fifteen 
 years that this Dei)artmentof ("ommerceis necessary to maintainand represent these 
 great interests. This is donhtless true, and it should be gratifying to the country to 
 kn<iw that it is true, and 1 have no doubt 1)ut a J)e]);irtment of Commerce 'will be of 
 vast beiiflit in jnomoting our export and foreign trade. " Their constant!}' incu-as- 
 ing knowledge and skill has enabled them tolinally enter the markets of the world," 
 is what the Republican i»arty says about labor. 
 
 If that paragraph in the Kepulilican ])latform is true and Republicans propose to 
 stand by it, then by jiarity of reasoning the Department of Labor should be created 
 just as well as the Department of Commerce. 
 
 The Democratic platform, INIr. Chairman, of 1900, says: 
 
 In the interests of American labor and the npbuilding of the workinpman as the corner stone of 
 the prosperity of onr conntry \vc recommend thatCongress create a Department of Labor in charge of 
 a Pecretjiry, with a seat in the Cabinet, believing that the elevation of American labor will bring )vith 
 it increased production and increased prosperity to our country at home and to our commerce abroad. 
 
 I have presented the platform declarations of the two great political parties of this 
 country on the subject as to the position labor should hold in our Government. 
 Their record is clearly before the country. Antielection promises are readily and 
 cheajdy made. I repeat, now is the accepted time to recognize la1)or according to 
 its merits and seek by proper legislation to avert the lamentable and disastrous 
 strikes of the recent past. 
 
 If there had ])een a SeiTetary of Labor in the Cabinet of the President, having 
 authority to speak for labor and to confer with the President, the President could 
 have avoided the necessity of inviting ]Mr. ^litchell and other labor leaders to join 
 the coal operators with him in conference in an effort to adjust the differences of the 
 great anthracite coal strike. i\Iore than that, had there been such a Secretary then 
 by the President the creation of the Strike Commission, admitted to be unauthorized 
 by law, would have been avoided. 
 
 Mr. Gilbert. What did you read from? 
 
 ISlr. Richardson, of Alaljama. I read from the Democratic platform of 1900. The 
 majority of the committee in their report, ]Mr. Chairman, substantially concede that, 
 in view of the "conservative action in creating new Cabinet otticers in the past," if 
 the Department of Commerce and Labor is established now the Department of Lalior 
 will not have much chance for a long time to come to have a Cabiiu't otticer. Any 
 gentleman knows, and there can be no dodging about this matter, that when you 
 create a Department of Commerce and Labor, with a Secretary in the Cal>inet of the 
 President, representing, as he will and as he is bound to do under all the conditions and 
 circumstances surrounding us, not organized or unorganized labor, but representing, 
 as I l)elieve he will unconsciously do, judging from the past history of our country, the 
 interests with which laljor comes in conflict, when you pass this Ijill with laV)or in it, 
 subordinating, oversha<lowing, and clouiling it, it is farewell to any Department of 
 Labor with a Secretary in the Cal)inet of the President. I sincerely believe that no 
 one ("in fairly cjuestion that fact. It is true in every respect. 
 
 I think I am right when I state there have been only two departments with a 
 secH'tary in the Cabinet created within the last sixty-two years. 
 
 Mr. Maddox rose. 
 
 Mr. ]\Ian.\. For the last one hundred and two years. 
 
 Mr. RicHARDsox, of Alabama. I think I am right about that, Init I am not posi- 
 tive. Now, Mr. Chairman, I will yield to the gentleman frf>m Georgia. 
 
 Mr. ^Iaddox. I would like to ask the gentleman what is the purpose of establish- 
 ing three new bureaus — the Bureau of Manufactures, the P)ureau of Insurance, and 
 the Bureau of Cori)orations? Who are they intended to beiielit? 
 
 .Mr. RiciiARDsox, of Alaliama. Not labor, 1 think. The l.ureau of Insurance is 
 intende<l to benefit and uphold the insurance interests of the country, investigating, 
 pndnoting, and advancing them. 
 
 ]\Ir. Maddox. How abotit the corporations. 
 
 Mr. Richardson, of Alal)ama. If you can tell me what statutes and laws of the 
 country api)ly to and govern many of our colossal corporations I would l)e glad to 
 be informed. I do not know of any. It seems that they have been above the law, 
 or a law unto themselves. 
 
558 LEGISLATIVE HISTORY 
 
 Mr. IMapdox. I wanted to ask you something al)out that, and if yon tlionght they 
 were not a))le to take care of themselves. 
 
 Mr. KiciiARosoN, of Ala1)aiiia. I think corporations have demonstrated tlu'ir al)il- 
 ity to take care of tlieniselves, l)ut I do not l)elieve tliat lal)or will he ahle to take 
 care of itself, surrounded by insurance, corporation, and other different bureaus. 
 
 Mr. Maooox. Does not the gentleman tiiink the cori)orations run the whole con- 
 cern and t;ike care of all of us now, and that they do not need any bureau? 
 
 Mr. RiciiAKDsoN, of Alabama. To a casual observer it appears that way, judging 
 from the worried anxiety of the Republican party to do something in the name of 
 regulating the great trusts and combinations of which the country so loudly com- 
 plains. 
 
 Mr. Chairman, I am not prone to turn to the monarchical powers of the world for 
 lessons of instruction touching matters of public policy relating to the welfare of our 
 Uovernmcnt. This may arise from that natural prejudice that we ind)ibe from the 
 spirit of our free institutions against monarchical forms of govermnent. It can not 
 be denied that the history and the progress of the wage-earner in England are worthy 
 of the closest study of the men who seek, without bias or prejudice, to establish by 
 law the highest and best standard for friendly relations between capital and labor. 
 
 The policy of the laws of (Jreat Britain is to promote among the laboring classes 
 industrial independence and worthy and honorable citizenship. This is evidenced 
 by exemption from strikes as compared with our own country. England has a lioard 
 of trade whose president holds a seat in the ministry. Germany has a minister of 
 conunerce. France has a nunister of I'onuncrce. Russia has a special im])erial cabi- 
 net with four bureaus, one of which is devoted to agriculture and maimfactures. In 
 neither of these great Governments is commerce and labor under the control of the 
 same department. The experiment of keeping capital and labor free from the domi- 
 nation of either, in the same deijartment, has jiroved successful in these foreign 
 Governments. 
 
 Mr. Chairman, I am opposed to the passage of this bill as it comes from the 
 committee — 
 
 First. Because it practically reduces the now independent Department of Labor to 
 a bureau in this proposed new De])artment. 
 
 Second. Because the interests of lal)or will be overshadowed by the engrossing and 
 absorbing interests of expanding foreign commerce. 
 
 Third. Because practically all of the laboring classes and lal)or organizations that 
 have given expression on this sul)ject have earnestly protested against the Depart- 
 ment of Labor being included in the same department with commerce. 
 
 Fourth. Because the ])resent Department of Lal)or has contributed greatly to the 
 uplifting and industrial indejiendence of the working classes of our jH-ople. 
 
 Fifth. Be<'ause, if included in this Department, the lal)oring people will become 
 suspicious and jealous of a fair recognition of their rights, and thus impair the use- 
 fulness and etliciency of the Department. 
 
 Sixth. Because I believe the true function of a Department of Commerce is to pro- 
 mote the interests of our export and foreign trade and the efticiency to that end will 
 be hami)ered liy the interests of labor. 
 
 Seventh. Because I believe that the laVjoring interests of this country are entitled 
 to a separate department witli a secretary in the Cabinet of the President. 
 
 Mr. Chairman, in conclusion I submit as a part of my remarks the views of the 
 minority. 
 
 (See House Report, page 547.) 
 
 Mr. RicHAKDsoN, of Alabama. Now, Mr. C'hairman, I ask that every gentleman 
 may be allowed to print or extend his remarks in the Record. 
 
 Mr. Hepburn. For how long? Five days? 
 
 Mr. Gaines, of Tennessee. I liope the gentleman will make it ten days. 
 
 Mr. HEPBUiiN. Say ten days. 
 
 Mr. Richardson, of Alabama. Very well; ten days. 
 
 The Chairman (Mr. Capron). The gentleman from Alabama asks unanimous con- 
 sent that everyone who speaks on the bill may be allowed to extend his remarks in 
 the Record for ten days. Is there objection? 
 
 There was no objection. 
 
 Mr. Richardson, of Alabama. Now, I\Tr. Chairman, I yield to the gentleman from 
 Tennessee [Mr. (iainesj. 
 
 Mr. Gainks, of Tennessee. Mr. Chairman, I have not had the opportunity to inves- 
 tigate this bill thoroughly, nor did 1 know until a moment ago that 1 would be 
 expected to discuss it. But I take the lioor for the purj)ose of trying, at least, to get 
 at some of the reasons why we should al)sorb, in this way, the "commerce" of the 
 States — that which is not Federal commerce. 
 
LEGISLATIVE, HISTORY 559 
 
 It is proposed in this l)ill that wo t<ike charge of the functions of the States, draw- 
 iiiij; tlu'iii, as it were, ])ell niell here to Washinjrton, to he run hy tlie heads of these 
 diffiTiMit I'Vderal (h'i)artiHents. 1 want to promote conunerce, l)ut le^'ally always. 
 Since 1 have ))ei'n in ("ontrress I ho|)e I have not done anythin<r to ri'taid its lc<iiti- 
 luate jjrowth; l)ut we certainly should ])roni()t(' it within constitutional limitations, 
 not hy rniniin<r rou^dishod over the Slates. 
 
 Sir, take as an illustration the insurance l.urcau, which we are proposiut,' to create 
 hy this l)ill. Why, sir, this ))rovision is directly in the face of tlie adjudi<-ations of 
 the Sujireme Court of thi^ rnitcd States, rcatlirmcii time and tim^' atraiii, to the effect 
 that " insurance is not conunerce;" that it is a contract hetwt'cn individuals, and is 
 not susceptihle of control hy Conjj;ress. Yet this T-c[>ort, stranj^e to say, says " insur- 
 ance l)usine.>^s" is "essentially a matter of interstate husiness." 
 
 This whole question — that is, whether insurance is interstate commerce, or is even 
 commerce of any sense — was raised in the case of llooiierr. California (155 U. S. 
 Reports, (54S), in which the opinion (tf the court was <lelivereil hy Mr. Justice White. 
 I turn to that decision and hrietiy read this language from jjage 0()5: 
 
 The l)Usiiios.s of insurance is not commerce. The contract of insuniuce is not an instrmneiitality 
 of commerce. The makiiij^ of such a contract is a mere incident of commercial intercourse; and in 
 tliis respect there is no dillerence between insurance against lire and insurance against the perils of 
 the sea. 
 
 Citing and allirming cases from Paul r. Virginia and others, on down to the day of 
 this decision in 1S94. 
 
 This qui'stion arose in a case where the State of California had made it unlawful 
 for its inhal>itants to enter into an insiu'ance contract with any foreign corporation 
 till that corporation had complied with the laws of that State. 
 
 The corj>oration in question was a foreign marine insurance corporation, m liich, of 
 cotwse, the State had the right to "exclude entirely." That insurance is uot com- 
 meri'e was clearly settled in that case. This is old law. In the earlier decisions of 
 this court, and coming down to recent years, it has heen declared that a State has 
 tlie right to exclude entirely a foreign corporation from doing husiness within the 
 State, or can admit it and regulate it. But we see the decision in this case goes on 
 ami clearly and succinctly, without equivocation, declares and holds that "insurance 
 is not conunerce." 
 
 ^Ir. Justice White referred to and quotes from the case of Paul r. Virginia, in 
 which case the court, through Mr. Justice Field, said: 
 
 Lssuing a policy of insurance is not a transaction of commerce. The policies are simple contracts 
 of indenniity against loss by fire, entered into between the corporations and the assured, for a con- 
 sideration paid by the latter. Tliese contracts are not articles of commerce in any proper meaning 
 of the word. They are not subjects of trade and barter ofl'ered in the market as .something having 
 an existence and value indepenilent of the jiarties to them. They are not commodities tube shipped 
 or forwarded from one Slate to another and then piUnp for sale. ' 
 
 They are like other pi'rsonal contracts between jiarties which are ciimpleted by their signature and 
 the transfer of the consideration. .Such contracts are not interstate transactions, though the )iarties 
 may be domiciled in dilTeniit States. The policies do not take clYect— are not executed contracts — 
 until delivery liy the agent in Virginia. They are then local transactions and are governed liy the 
 local law. They do not constitute a part of the commerce between the States any more than a con- 
 tract for the pureliase and sale of goods in Virginia by a citizen of New York whilst in Virginia 
 would constitute a jiortion of such commerce. 
 
 This language was reiterated in the case of the Philadelphia Fire Insurance Com- 
 pany V. Xew York. 
 
 Now, the opinion in Hooker r. California was approved in a noted antitrust case, 
 Pierce Oil Couq)any r. The State of Texas, decided a few years ago. 
 
 I suhniit that if yon can adopt legislation of this kind under the limitations of the 
 Constitution — if you can reach down into the jurisdiition f>f a State an<l drag up her 
 commerce an<l take charge of it, sliould we do it? If insurance is a local contract^ 
 and that is what the c< >urt here declares — if it is a i-ontract ])etween individuals witliin 
 the State, will you tell me what right the Government of the United States has to 
 take charge of and meddle with that contract? 
 
 I n such action, Mr. Chairman, are we undertaking to ahsorh, hy the right of might, 
 if you j)lease, the powers and rights of the State? Is not such legislation an invita- 
 tion for the Government of the United States to rush down and undertake to attend 
 to all the varie<l husiness of the States and crush the latter? If we continue to do 
 this — and we see the great tendency toward it — how soon will it he hefore the States 
 aie destroyed — the States that created the Union? Without the: States we should 
 have no United States, as the court said in the case of Texas r. White, a noted case — 
 without the States we should have no United States, hut a united state. I may add, 
 how soon, if this matter of insurance, ahout whicii there is no complaint, is taken 
 away from the police powers of the States in this way and hoisted here to Washing- 
 ton to he regulated — it matters not how you regulate it, whether hy good legislation 
 or had — before all conunerce of all kinds will be in the hands of Congress? 
 
560 LEGISLATIVE HISTORY 
 
 I have heard no complaint on (he floor of this ITonse durinjj; the disenssion of this 
 question tiiuttiie States liave failed to control insurance coiii]>aiiies, thougli I did not 
 have tiie pleasure of heariii<i; the gentleman from Illinois [Mr. Mann]. If such a 
 policy is pursued, how long will it he before we have the same kind of laws extended 
 in almost every direction to the detriment and infringement of the rights of the 
 States — their utter jirostration? I submit we should stop and think, and think 
 seriously, just here. 
 
 Here is a plain proposition. The courts have settled that insurance is a local mat- 
 ter, and that it is "not commerce;" yet we are proposing to take the pitchfork of 
 Federal legislation and dig up this business, take it out of the control f)f the States, 
 and out of the hands of private individuals controlled by the laws of the States and 
 I)ring it here to Washington whether it is commerce or not. And heaven knows, if 
 we are going to enforce such a law as this if enacted as we are enforcing some other 
 Federal laws that have l)een i)laced on tlu; statute book, sncli as that undertaking to 
 help the States in the matter of trusts, no good will come of it. 
 
 We have one trust statute, alluded to by my friend from Iowa [Mr. Hepburn] in 
 his resolution appropriating $50,000 a few days ago to execute a provision incorpo- 
 rated in the Wilson tariff law and carried in the Dingley tariff act, which is a law 
 to-day, I)ut under whitih not a solitary suit has yet been tiled. The antitrust act of 
 1890 is left unenforced while the people are robbed of food and coal right in this city 
 to-day. 
 
 We hear no complaint about the laws of the States being insufficient on that sub- 
 ject or that they are not being executed. We hear no complaint from the people. 
 
 I am opposed to wildcat insurance companies and want to exclude them from tiie 
 use of the mails and am preparing a l)ill for that purpose that may become law. 
 That we can legally do. I say, if you waive the question of constitutional power 
 and assume that we have this power to go down into the States and dig up State 
 commerce, why should we do so? 
 
 Passing from that cjuestion and coming to the question as to the ])ropriety of cre- 
 ating a bureaucracy, I say, with all due respect to the gentlemen who have joined in 
 reporting this bill, why should we create more bureaus for the purpose of doing 
 through Federal jwwer that which has been don(> heretofore by the States and in 
 regard to which there is no conqilaint? 
 
 Why should we create these additional offices? Of course, there are people wdio 
 want offices, and always will be; and if offices are created, competent citizens, of 
 course, have the right to till them. But such a measure as this nmst involve 
 increase<l expense. It necessarily involves increased taxation and increased Ijurdens 
 upon the people and the Congress of the United States — burdens altogether unneces- 
 sary to be assumed, as I contend. Now, why should we do it? 
 
 Again, the insurance companies are not suffering. We know that the State laws 
 are all stringent and that it is the rarest exception when the Federal court ever holds 
 that a State law on the sid)ject of insurance is contrary to go: d morals or to the 
 fundamental laws of the State or of the United States. It is the rarest occasion it is 
 done. Insurance companies are al)le to take care of themselves, the living and dead, 
 and to i^rint all of their reports, and thvy do so. 
 
 There is not a decent insurance concern in the United States to-day that does not 
 publish and send out to the people throughout the Ignited States a report of the con- 
 dition of its business. These reports are published in the newspapers; they are jmb- 
 lished by private letters, and we are constantly getting them through the mails under 
 1-cent postage stamps; we are constantly getting them in the shape of catalogues. 
 Here is publicity, if you ])lease, and yet we destroy this; we take charge of that and 
 say, "Now, we will ])r(>nK)te your business." 
 
 Let us see what the language of the bill is on this point: 
 
 That there shall be in the Department of Commerce and Labor a burea\i to be called the Bnrean of 
 Insnrance, and a chief of said Bureau, who shall be appointed by the President, and who shall 
 receive a salary of S-1,000 per annum, and such clerical assistants as may from time to time be author- 
 ized by law. 
 
 Increasing Federal patronage and, therefore, the power of the President for good 
 or bad — good, I hojie. I read further: 
 
 It shall be the province and duty of said Bureau, under the direction of the Secretary, to exercise 
 such control as may be ])rovided by law over every insurance company, .society, or association trans- 
 acting business in the United Stati'S outside of tlie State, Territory, or District wherein the same is 
 organized, and to fnster, ])n>motc, and develoi) tlie various ins\n'aiice industries of tlie United States 
 by gatheriiiK, coinpilin.if, publishing, and su|iplying all availal)le and useful information concerning 
 such insurance comi>anies and the liusiness of insurance, and by such otlier methods and means as 
 may be prescribed by the Secretary or provided liy law. 
 
 " Provided by law!" What law? Where is tiie ])ower in Congress to control 
 State business, insurance being a local business, the courts say. 
 I submit, Mr. Chairman, in all candor that to say this promotion is to be carried 
 
LEGISLATIVK HIi=;T(>KY 561 
 
 on liy "gatluM-inp;, coinpilin<j:, i>iil)lisliiii^, and Hupplyinji: all availalilo ami useful 
 information foni-crninj; such insuranre companies an(i tlic l)U!5inc.-s of insurance" la 
 unui'ccssarv. That is already done. Nohody will deny that. Nohndy ()i)ji'ct.s to it, 
 and evi'ry])ody is informed. The States c-an exclude tiiese insurance inm|i;mies. 
 They can admit them. Tlie States can i)roiiil)it their i)eoj)Ie from negotiatiufj; or 
 contracting with foreign corporations unless they are legalized by the Stiites to oper- 
 ate within tlie limits of tlu^ State. 
 
 Now, why shall Congress take an ii-xlividual private business,' exploit its profits, 
 its deposits, its loans, and tlie manner in wiiich it conducts its business and repidjlish 
 that, w hen these very concerns which have thousands and i)Ossibly millions of dol- 
 lars are publishing this very data, and glad to do so? Why tax the jteople to do this? 
 Why should we destroy their business by taking the strong arm of the Federal (iov- 
 ernment and saying, "We will jiublish that for you?" This is wrong. This tiling 
 of reaching down and hel|iing those people that are jtlenty able to help theiiKselves, 
 helping them by the strong arm of the Federal Government, when that arm is raised 
 and made strong and mighty and just by the tax-gathered money of this countrv, is 
 wrong. 
 
 It may be that this board can be empowered to sit here and say to an insurance 
 company in New York, " You shall not go to Tennessee and transact business; you 
 area foreign coriioration, and you shall not go across the State line;" but the Supreme 
 Court, it seems to me, in this ease held that the question of insurance itself was not 
 conmierce; hence not interstate commerce. 
 
 Now, tlien, 1 say that, even conceding the possibility that this Bureau can control 
 foreign corporations in their transit from one State to another and better our condi- 
 tion, it is very doubtful whether it can do it under these decisions. 
 
 Again, ]\Ir. Chairman, I agree with my distinguished friend from Alabama [.Mr. 
 Richardson] on the question of creating a Bureau of Commerce and uniting with that 
 tlie Bureau of Labor. 
 
 Why, ]Mr. Chairman, should this great ocean of commerce, this Bureau of Com- 
 merce, take charge of and absorb the Bureau of Labor, this institution which has 
 grown up in the I'nited States since the Democratic party in 1SH8 — the first iiarty to 
 do So — recogni/ed lalior unions or labor organizations in its jilatform? We have all 
 united in building up this Labor Bureau, because labor was in existence before com- 
 merce; man was here before commerce, and we say that we can not have any 
 commerce unle.-s we have labor. 
 
 Commerce is selfish. We are all more or less selfi.-^h. It is natural for one to take 
 care of his own and himself. The Good Book teaches us that; but I say commerce, 
 this unholy gree<l, this thing to-day tliat is mastered by the "cormorants," as they 
 were yesterday designated liy the gentleman from I'ennsylvania, is controlling to-day 
 very largely the interstate commerce of this country and trying to control labor, and 
 that commerce is the only commerce that this Bureau has the right to take charge 
 of and control. 
 
 Why should this great ocean of commerce, this great chasm of selfishness, backed 
 by these "cormorants," take charge of the Bureau of Labor and the laborers of this 
 country? The {juestion is. Which one would survive — the laborers and their bureau 
 or the cormorants and theirs? 1 say that conmierce would overshadow the other and 
 soon crowd out this Bureau of Labor. 
 
 1 am willing to aid commerce and labor too, but I am not, as I am now advised 
 aliout the provisions of this bill and the possibility of this friction and ill feeling 
 arising, willing to unite the "cormorants" of the country with the laliorers of the 
 country. I think it is bad policy. 
 
 If this bill is to be of any account at all, if it is to be as serviceable as it should be, 
 this Department will have all it can do when it gathers up the things that are com- 
 merce, leaving labor to take care of itself. 
 
 When did labor get to be "commerce?" It is property. I lielieve it has been 
 announced by the courts — possibly in dissenting opinion — that the right to lease or 
 .sell one's labor is a personal right, and therefore is ])roi)erty; but I am not sure that 
 any court, dissenting or otherwise, has ever declared that laljor jjer se is "corn- 
 men e." 
 
 The propriety of this policy of amalgamating labor in this manner is very doubtful 
 in vii'W' of the danger that peace will not lie maintained as it should be between 
 commerce and lalior. For the present, at least, Mr. Chairman, I shall oppose the 
 proposition and the insurance clause and trust to regulating wild-cat insurance 
 companies in another and legal manner. 
 
 ^Ir. llKHAiJDsoN, of Alabama. I yield such time as he desires fo the gentleman 
 from New Jersey [Mr. Stewart], a member of the committee. 
 
 Mr. Stew.vrt, of New Jersey. Mr. Chairman, I do not desire to discuss the merits 
 
 27628—04 36 
 
562 LEGISLATIVE HISTORY 
 
 of this bill, as I have found it necessary to disagree with the majority of the com- 
 mittee as to tlie wisdom and necessity of its passage, and I ask the Clerk to read my 
 views as expressed in my minority report. (See page 546.) 
 
 Mr. Stewart, of New Jersey. 1 yield back my time to the gentleman from Alal)ama. 
 
 Mr. Richardson, of Alabama. Mr. Chairman, I now yield to the gentleman from 
 Florida [Mr. Davis], a member of the committee, such time as he desires. 
 
 Mr. Davis. Mr. Chairman, I shall occujiy the attention of the committee for but 
 a brief time. I joined my clistinguished friend the gentleman from Alaljama [Mr. 
 Richardson] in a minority report against the bill for the establishment of a Depart- 
 ment of Commerce and Labor, and I am frank to say that I did it chictly because 
 of the persistence of the committee that reported the bill in including labor in that 
 Department. 
 
 Per se 1 have no objection on earth to the creation of a Department of Commerce. 
 So far from objecting to it, I favor it. 1 believe that the great commercial interests 
 of this country ought to be represented in a separate department, and that it ought 
 to have a member of the President's family to represent it and look after its interests. 
 I w^ant to say that I am just as fully impressed with the idea that the great labor 
 interest also should be distinctly and directly represented in the President's family, 
 and I have no hesitancy in asserting that when the Congress of the United States 
 fails to give the labor interest of this country a representative of its own in the Cab- 
 inet it fails to do justice to the interest of labor. 
 
 For years and years we have heard the demand for a Department of Labor, and 
 more recently a demand for a Department of Commerce. I want to show to the 
 members of my own party on this side of the Chamber that they are, by their own 
 party declaration, bound to afford labor an independent department. The last Dem- 
 ocratic national platform, adopted at Kansas City, said this: 
 
 A DEPARTMENT OF LABOR. 
 
 In the interest of American labor and the uplifting of the workingman, as the corner stone of the 
 prosperity of our country, we recommend that Congress create a Department of Labor, in charge of a 
 secretary, with a seat in the Cabinet, believing that the elevation of the American laborer will bring 
 with it increased protection and increased prosperity to our country at home and to our commerce 
 abroad. 
 
 As a Democrat, I should want to be consistent with the platform of my party, even 
 if I were not so fully impressed (as I am) with the intrinsic merits of the proposition 
 for the creation of a Dejiartment of Labor. 
 
 It may be said that we are not here discussing a separate Department of Labor. I 
 grant you that; but we are here discussing the proposition to create a new depart- 
 ment of government to be called Commerce and Labor, in which labor is practically 
 subordinated, and which bill, in my humble judgment, is a blow at the labor inter- 
 est. No one w ho reads this bill can form any other rational conclusion. In the 
 report of the majority of the committee — and 1 call the attention of my distinguished 
 friend from Illinois [Mr. Mann], who wrote this report, to the fact that although he 
 says the existing Department of Labor would not be interfered witli should the 
 pending measure l>ecome a law, he shows later in the same report that it would be 
 subordinated. Here is what the majority report says at one point: 
 
 It has been a natural fear on the part of some of the labor leaders that the new Secretary of Com- 
 merce and Labor would have a bias in favor of capital and against labor. Granting, for the sake of 
 argument, that this may be true, it still would leave the Labor Department as well off as it now is. 
 No bias of the Secretary of Commerce and Labor could control or affect a Commissioner of Labor 
 who is not subject to removal by him and whose actions and reports are not subject to his control. , 
 
 Yet, before they have finished that report, we find them using this language as an 
 argument why labor should be made a part of the bill: 
 
 If the Commissioner of Labor is under the Secretary of Commerce and Labor, he will make a report 
 to the Secretary of Commerce and Labor. That report will be published with the annual reports of 
 the Department. If the Secretary of Commerce and Labor approves of recdniinendatious made by 
 the Commissioner of Labor, he will so state in his annual report, and pmlialily tlu' niuttcr will be 
 called to the attention of the President to go in liis annual message. If tlie Secretary of Commerce 
 and Labor disapproves the recommendation made by the Commissioner of Labor, he will say so in 
 his report, and that will call attention to ami advertise the recommendation of the Commissioner of 
 Labor in a way which will call it to the attention of Congress. 
 
 So that although they undertake to say in one part of their report that the status 
 of the i^resent Labor Dej^artment will not be changed or hampered, in another jiart 
 of the same report they distinctly show that it is subordinated. It is known to us 
 all that the Labor Department is now an independent department of this Govern- 
 ment, although the Commissioner has no seat in the Cabinet. But the Department 
 of Labor is independent and is attached to no other department of the Government. 
 We propose here, instead of recognizing and dignifying labor, instead of listening to 
 the demands of the laboring classes to give them a department, we propose to make 
 
LEGISLATIVE HISTORY 563 
 
 thorn worst' off than they now ;vn>. TIu'v ask for bread and wr> pivo thctn a stone. 
 They liave an indi'iH'mU'nt di'partnient as tlio law stands, aiii(Mial)lc to no other 
 di'partnu'nt of the (iovennnent, and this we i>ro|>ose to take away front tlieni. We 
 jiropost- to suhordinate them to anotlier great interest. We i>ro[)ose to make tlieir 
 present di'partment a mere bnrean, for after all that lias been said that is 2'i'iictically 
 wliat we do if we pass this l)ill. 
 
 Mr. KoBB. Will the jientleman allow me to ask him a (piestion? 
 
 IVIr. Davis, of Florida. Yes, sir. 
 
 Mr. KoBH.'Isnot the Connnissioner of Labor nsnally selected from the laboring 
 elass — that is, some one who is identitie<l with labor? 
 
 ;\lr. Davis, of Florida. He et-rtainly onglit to be. 
 
 .Mr. KoBi!. Tlien, 1 will ask, what in all i)robability will be tht; result if this 
 Department of Commerce and J>abor be estal)lished? 
 
 ]Mr. Davis, of Florida. If my friend Avill permit me, 1 am going not only to say 
 somethingon that i)oint, but to rea<l what the lal)or representatives tell ns about that; 
 and perhaps, having had my attention called to it, now is as good a time as I will 
 have to do it. 
 
 We liad before the Connnittee on Interstate and Foreign Commerce a number of 
 hearings on the sul)ject of the creation of this new Department. Gentlemen came 
 before us representing commercial interests and representing lai)oring interests. 
 Among the latter Mas .Mr. Thomas F. Tracy, representing the American Confedera- 
 tion of Labor, an organization consisting of 90 national and international nnions 
 located throughout the Fnited States, 22 State bodies, 300 local and central bodies, 
 and L200 federated imioiis, of all organizations of labor throughout the country, and 
 he uiulertook to sjieak before us for this vast number of laboring people of this 
 country. He said this: 
 
 ^Ye have no particular ol)jocti<)ii to tlio cruatioii of the Department of Commerce, but we ask tliat 
 in the creation of that Deiiartment there shall also be ereatefl the other department iii<iepen<ient of 
 that, known a.s the Deparlineiit of Labor. We feel that in the President's official family, where the 
 interests of organized labor are being discussed, that advice and counsel should be given by a mau 
 who is in close touch with organized labor and who knows and realizes what it-i needs are. 
 
 W'c are not committed or opposed to any of the bills that have been submitted along the line of 
 creating this Department of Commerce; but when the bill that passed the Senate, the Nelson bill, 
 Wiis under consideration we wanted to ask that the Department of Labor be left entirely without the 
 scope of that bill, and without taking tip the time of the committee I would read a Utter that was 
 addressed by Mr. Gompers, the president of the American Federation of Labor, to Senatoi Frye, 
 President pro tempore of the Senate, when that bill was under consideration: 
 
 [Letter of Mr. Gompers is given on page -ITS.] 
 
 I want to read a little further from 3Ir. Tracy's testimony ))efore the committee. 
 
 The Chairman. We have liad only two additions to the Presidential family in fifty-three years, and 
 these departments are created tisuallyat long intervals. Your contention would involve" the addi- 
 tion of two members, when it is altogether possiliie, and to my mind more than probable, that your 
 purpose would be met by the establishment of one. 
 
 Mr. Tracy. I would .say that the labor organizations have been agitating this question for thirty- 
 five years. We have not reached the point yet where we can have a representative in the ("abinet, 
 but we hope to some day, and we intend to keep on, beeau.se the infiuenee of labor is of sutiicient 
 importance in this country for it to have a representative in the President's official family. 
 
 Mr. Richardson. Do you not believe that if the Department of Commerce was established the 
 manufacturing interests, as has been illustrated here already, would overshadow the labor partof it'? 
 
 Mr. Tracy. Umpiestionably so. 
 
 Mr. Davis. And yiai think that if the President selected a man whose education fitted him pecul- 
 iarly to overlook the labor interests, the commercial interests would kick? 
 
 Mr. Tracy, rtuloubtedly, and vice versa. 
 
 Mr. Davis. Ami if the President suggested a man peculiarly fitted to overlook the interests of com- 
 merce the labor interests would tindoubtedly feel neglected? 
 
 Mr. Tracy. Tliey certainly would. 
 
 Mr. Coombs. Vou think that your inlerests would be so lost that they would not develoj> to the 
 extent of demanding a separate department. 
 
 5Tr. TisACY'. T bi,>g your pardon. 
 
 Mr. Coombs. I say, do you think that your interest-s would be so lost and absorbed that they would 
 not develop further, ahd would not be able to assert themselves as they do now? 
 
 Mr. Tracy. Yes, sir. 
 
 Mr. Coombs. You are afraid of getting lost? 
 
 Mr. Tracy. Di the shuffle; yes, sir. 
 
 Now, there is what is said liy this gentleman representing the large labor organi- 
 zations which I Iiave name<l. I want to read you what another laboring man said 
 before that committee. IT. R. Fuller, representing the Brotherhood of Locomotive 
 J'.ngineers, the Brotherhood of Locomotive Firemen, the Order of Railway Conduc- 
 tors, the Brotherhood of Railroad Trainmen, and the Order of Railroad Telegraphers, 
 said this in his argument liefore us: 
 
 Now, we object, first, Mr. Chairman, on general grounds. We know this, that the people, with all 
 respect to them, who have asked for the creation of this new Department are commercial men, and, 
 secondly, employers of labor. We can safely say that in regard to thisquestion the words "employer" 
 and "commercial men" are synonymous terms. 
 
 Now, we think, just as it was stateil by the chairman of the Manufacturers' Association of the 
 United States here yesterday, that a department to be beneficial to the interests that it represents 
 
564 LEGISLATIVE HISTORY 
 
 should devote its whole energy — those are the words that he used — to that eud. Now, energy means 
 something more tlinn simply interest. 
 
 I wish to stop tliero for a moment and digress to say that these people who have askeil for the 
 creation of this Department are employers of labor, and should this bill become a law, or this new 
 Department bo created, it does not matter whether you folks see tit to strike the Labor Department 
 from it ornot. Every member of this committee has had experience enough in political affairs to 
 know that these influences which have brought about the passage of this bill can consistently claim 
 of the President that they are entitled to recognition in the selection of this man to be placed at the 
 head of this Departincnt. 
 
 They do do it; tlicy do do it in the other Departments. When there is a vacancy on the Interstate 
 Commerce CV mi mission, for instance, the railroads of the country get together and select a man, and, 
 usually, he is put thire to till that vacancy. And we feel that even if you allow this bill to go througli 
 as passed by the Senate, calling this the Department of Commerce and Labor, they will claim the 
 right — not thi? absniute right — but a riglit to this extent, at least, that the President will listen to their 
 claims. We do not dispute tliat right. If they have brought about this agitation that creates the 
 Department, I will not say that they have not a right to do that. 
 
 Now, then, so far, I want to say that a man who represents those interests, if he is selected to rep- 
 resent this Department in the Cabinet, although he may be honest, and I have reason to believe that 
 be would l)c — we have no reason to believe that any man is otherwi.se until we find him so— is not 
 competent to represent labor. He is not competent to sit down at the Cabinet table with the Presi- 
 dent when something very vital is up before that council in which labor is interested, and to speak. 
 ]tissim]ily that he is like the laboring man — a man of environments. His whole life has been spent 
 in some! Iiiiig else — in fiu'thcring the interests of employees— and consequently he is not capable to 
 speak for labor, even though he felt honestly disposed to do so, and I believe that he would be. 
 
 And during the examination of Mr. Fuller by the committee, this colloquy ensued: 
 
 Mr. Richardson. In that connection, do you believe you represent the entire sentiment of labor in 
 this country when you say that this Labor Department ought not to be put under a Commerce 
 Department? 
 
 Mr. Fuller. I think .so, from my experience among the men and my talks with them. 
 
 Mr. D.vvis. Do you not think it would be inifortunate, both for labor and for capital, to luidertake 
 to combine theni in one general head this way? 
 
 ]\lr. Fuller. I do. 
 
 Mr. Davis. Do you not think it would produce future distrust and bickerings? 
 
 Mr. Fuller. I do. As I stated yesterday, Mr. Davis, I said that a man representing capital was not 
 competent to represent labor in this Department; that I also thought that the ordinary representa- 
 tive labor mail could not represent all of the interests that are merged under this Department of 
 Commerce. 
 
 Mr. Davis. Aside from that, Mr. Fuller, do you not think when the President commenced to form 
 his Cabinet there would naturally be a contest between capital and labor as to which one of the two 
 classes would capture this Cabinet office? 
 
 Mr. Fuller. I think so. 
 
 Mr. Davis. And do you not think if the President should appoint a capitalist who is not thoroughly 
 familiar with labor conditions it would displease labor? 
 
 Mr. Fuller. It certainly would. 
 
 Mr. Davis. And that if he should select a laboring man it would displea.se capital? 
 
 Mr. Fuller. It certainly would. After I had concluded my remarks on this point yesterday a 
 representative of capital came to me and said he thought I was right on it. 
 
 Mr. Richardson. Do you think from the spirit and trend of this bill that the manufacturing inter- 
 ests would have largelythe advantage in securing a Secretary? 
 
 Mr. Fuller. I think so. I stated that yesterday. If this Department is created they cau claim 
 the credit for its creation, becau.se they are the ones who have asked for it. 
 
 Now, Mr. Chairman, these extracts Avhich I have read speak more forcefully than 
 I could possibly do. 
 
 Mr. Hepburn. Will my colleague permit me to ask a question? 
 
 Mr. D.wis, of Florida. Certainly. 
 
 Mr. Hepburn. The gentleman stated, or read, I think, the sources of information 
 that one of these gentlemen had as to the conditions of labor. Now, I want to ask 
 you if any of the men who appeared l)efore that committee professed to have been 
 authorized by any organized body of la1)or? They said they represented that num- 
 ber and this numl)er and the other numV)er, but did any man say that any set of menr 
 had sent them here? 
 
 Mr. Davis, of Florida. In reply to my friend 1 will say that so far as anybody 
 coming before us with credentials, no; so far as any man coming before us exhibiting 
 authority to represent any particular body, no. But they who spoke for labor spoke 
 with as much authority as they Avho spoke before us in the interest of connnerce. 
 And my friend, the distinguished chairman of tiie committee, knows that they were 
 credible gentlemen; they said they represented lal)or in sentiment, and I believed 
 and believe they did. 
 
 Now, IMr. Chairman, I have said all that I care to say on this bill. I want to 
 repeat that if the word "labor" in the title and all through this bill, wher-ever it 
 occurs, can be stricken out, as will be moved by my friend from Alal)ama [Mr. Rich- 
 ardson] as an amendment to the bill, I shall have no objection to its jiassage. _ I 
 shall be glad to cast my vote for the measure. I am willing to see the commercial 
 interests of tliis country represented in the President's family. I repeat that, in my 
 judy;ment, (his great interest ought to be repi-eseiited there; l)ut 1 do not believe 
 that, when lal)or lias been standing up for more than thirty years asking for a repre- 
 sentative in the President's family, we ought to insult that element by making the 
 present Dejjartment of Labor what will be tantamount to a mere bureau in the 
 
LEGISLATIVE HISTORY 565 
 
 IVpartmont of Cominprco. I ho\H' tln' Iloiist' of li('|)n'MMilativ('s will mit go on rec- 
 oii| a.s tloiiiij so. [Louil a])iilans('. ] 
 
 .Mr. Hkiiakdson, of Alal»aiiia. Mr. ( 'liairman, I now yiclil live niiinitcs to my col- 
 k-ajrue [Mr. Clayton]. 
 
 .Mr. Ci-AVToN. Mr. ("liairman, I lia«l not intcndc'd to tako any part in tliis (li.scuH- 
 sion, but the que.>^tion propounded by the gentleman from Jo\va'[.Mi'. Hepburn], the 
 chairman of the connnittee, who reported this bill, can be easily answered by refer- 
 ence to tlie repoit of the connnittee aeconipanyiiig this measure. On page 10 of the 
 report I think that, so far as lu! is concerned and so far us conci-rns the majority who 
 have re])orted this bill, his (juestion is answered, against what ! takt^ to be his con- 
 tention. 
 
 Till' distinguished chairman seems, by his (juestions, to dispute the projuisition 
 that organized labor iso])posed to being taken inider the wing of this so-called Depart- 
 ment of Coimnerc-e. The distinguished chairman by his (|uestion chailenges the 
 a.><sertion of the gentleman from Florida [Mr. J)avis] tliat organized labor is opposed 
 to playing ".second (iddle" to the Depaitnient of Connnerce. Organized lai)or, so 
 far as any nuMuber here knows from private correspondence or i>rivate convensa- 
 tion, is ojiposed to this measure. It does not lie in the mouth of the chairman of 
 the committee to dispute that proposition. 1 read now from the report of the com- 
 mittee: 
 
 There has been opposition to this proposition. .V majority of the leaders of organized hibor who 
 have oxpres.sed any opinion upon the siil)ject have opposc<l the phicing of the firesent Department of 
 Labor in the new Department. 
 
 There is an athnis.sion that the majority of the leaders of oiganize«l labor who have 
 expre.^sed any opinion upon the subject are opjjosed to j)lacing this Department of 
 Labor in the Dei)artment of Commerce. 
 
 Mr. Hepiu'kx. Will the gentleman allow me a moment? 
 
 Mr. Cl.wton. Certaiidy. 
 
 Mr. IDci'urRx. .My recollection is that four gentlemen representing labor, or con- 
 nected with labor organizations, ai>peared before our connnittee. The gentleman is 
 correct in saying that three of them expressed tlieiroi)inions in the way he has stated. 
 The point 1 was trying to make — as the gentleman, if he had paid close attention to 
 my remarks, might perhaps have known — was this: While I do not dispute the fact 
 that certain gentlemen came there and assumed to speak for labor, I say that no man 
 came therewith credentials or jn-etending that any l)ody of labor had sent him to 
 represent their views. That is w hat I said. 
 
 Mr. (.'l.vvtox. I was not ])resent, of course, at the hearing of the committee; I do 
 not know ]>ersonally about this matter; l)ut I take it that what the gentleman says 
 is true. I can not doid)t it. That, however, I\Ir. Chairman, does not affect the con- 
 troversy. The fact is — and this report shows it to l)e a fact; every man who has dis- 
 cns.'^ed this proposition a<lmits it to be a fact — that organized labor is opposed t(_) being 
 placed in tln^ Department of Connnerce. 
 
 Now, the report of the connnittee' tmdertakes to answer that fact. It concedes it 
 to be a fact, and tries to argue away from it. Now, let us admit this fact. Let us 
 not incjuire into whether these men who ti'stified before the committee had creden- 
 tials properly signe<l or whether they meet all the red-tap;' requirements of the most 
 fastidious gentleman who has served on committees of credentials in conventions. 
 
 [Deic the hammer fell.] 
 
 .Mr. Ci.AVToN. Just one more iiiimUe. 
 
 Mr. KRIIAKU.SOX, of.Mabaina. I yield live minutes more to the gentleman from 
 -Mabama. 
 
 .Mr. Ci.AVTox. Thank you. The gentleman admits in his report the fact to be tliat 
 <irganized labor is opiMsed to l)eing taken into the Department of Commerce, and the 
 admi.'^sion winch I have already (pioted is strengtheHcd by the arginnent which is 
 made in the report in an endeavor to inilhfy that position of organized lal)or, for the 
 report goes on to say: 
 
 The opposition has been based upon the idea that wlioever iiiiirht be selected as Secretarv of the 
 new Department would be a representative of eapitalistje iiitbictic^' and not of labor. In vie"\vi>f the 
 opposition fif some of tlie lal)or leaders to the inchision of the Department of Labor in the proposed 
 new DepartmeiU, your committee has f^iveii tlie sutiject careful and considerate e.\amination. We 
 are satislie<l that the opposition is based upon a natural misunderstandinf,M>r the situation anil a mis- 
 a[iprehension as to the effect of such action. 
 
 The Department of Labor as now organizefl has its duties defined by statute. Tlie statute provides 
 that It. shall be presidecl over l>y a Commissioner of Laljor, to be appointed by the President. It is 
 not i)roposed to make any <liaii,ne in these provisions of the statute. If the Dci)artment of Labor is 
 inclndeil in the new Deiiarlmeiit, the Secretary of the new Department will not have tlic power to 
 appoint the ('oniinissioner of Labor, nf>r will he have power to prevent the Commissioner of Labor 
 from discharj,'!!!.;,' the duties now imposed upon that otlice by the present net of Cdiiijress. 
 
 It is iMipos-jlile to see, ttiiTefore, how there can eimie any injurious elTect from ineludinjj the Labor 
 Di'parlmeiit in the new Department ni Coinmeree and Labor. As the law now exists the President 
 can, at any lime, name sume one fur appointncnt as Commissioner of Labor w ho may l)e adverse to 
 
566 LEGISLATIVE HISTORY 
 
 labor and favorable to capital as against labor. It is not likely that any President will ever do this, 
 and it is equally unlikely that he would do it if the Department of Labor were made a part of the 
 Department of Commerce and Labor. 
 
 Now, ]\Ir. Chairman, that admits the contention of my colleague from Alalmma 
 [Mr. Richardson] and the gentleman from Florida [Mr. Davis], that the laboring 
 people are opposed to having the Department of Labor merged into the Department 
 of Commerce. Tlie y are jealous of surrendering whatever independence that Depart- 
 ment may have to an officer who may be controlled entirely by commercial influ- 
 ences, and who may not be in touch and sympathy with the great laboring masses 
 of the country. Therefore I shall sui)port the amendment offered by my colleague 
 from Alabama. The Department of Labor, instead of l:)eing a mere bureau in another 
 department, subordinate to some Cal)inet officer, ought to have an officer in the 
 Cabinet. The laboring interests of this i-ountry are as important as the interests of 
 commerce. 
 
 Indeed, Mr. Chairman, everybody knows that we could not conduct commerce, 
 that the great industries of the country would stand still, were it not for the laboring 
 people, and they are jealous of the supervisicju of peoi)le who may not l)e in sym- 
 pathy with them. The better proposition would have been, and the better proposi- 
 tion now is, to defer to their wishes and not only to create this Department of Com- 
 merce, if you wish it, and if that is to be created, to create also a Department of 
 Labor, with a Cabinet officer, so that labor may have a representative in the Cabinet 
 to voice the wishes and the sentiments of that great class of our people. [Applause.] 
 
 Mr. Richardson, of Alabama. Will the gentleman from Iowa now use some of his 
 time? 
 
 Mr. Hepburn. I yield twenty minutes to the gentleman from Michigan [Mr. 
 Corliss]. 
 
 Mr. Corliss. IVIr. Chairman, I am very heartily in favor of the general provisions 
 of this l)ill. When the last Department was created, in 1862, our people were prin- 
 cipally engaged in agriculture. That was the great branch of industry in our country, 
 and the creation of the Agricultural Department has demonstrated the great useful- 
 ness of such branches of our executive office. Since the creation of that Department 
 we have constructed vast railroads, telegrajih, and telephone lines, until every part of 
 our great country is supplied with rapid communication and transportation. Since 
 that time there has been developed in almost every city, village, and hamlet in our 
 country institutions for the manufacture of our natural resources, until the products 
 of the farm and the factory far exceed the capacity of our people to consume them. 
 We are to-day forceil into a greater field. Hereafter we must pursue a broader view 
 and endeavor to expand our influence in foreign commerce. From the time when 
 the first nation was created down to the present time conunerce has been king. 
 
 All things created by God or man have their infancy and grow and expand until 
 they reach the zenith of their influence, then wither and die. This is as true of nations 
 as of men. Therefore if our nation is to go on and its power and influence in the 
 world is to be extended, we nuist meet the growing demands of the people by the 
 creation of a Department of Commerce to assist its growth. The greatest interests, 
 influence, and wealth of the ]ieople to-<lay are embi-aced in industrial enterprises and 
 commerce. I therefore think that this measure is most opportune and wise. 
 
 Now, with reference to the Department of Labor being incorporated, there has 
 developed in this countiy an aggregation of capital, a combination of interests, many 
 of which are wise and beneflcial, and they are associated intimately with labor. The 
 organization of capital has not gone forward more rapidly than the organization of 
 labor. The effect of these two combinations of labor and capital upon our great 
 interests may l»e likened unto the two hands of man. Capital is necessary and labor 
 is indispensable to the success of our people and our nation. Great progress has been 
 made recently toward the union of these great interests. The creation of the Civic 
 Federation and the establishment of theCt)al Commission by the President are doing 
 much toward the ailvancement of the interest of labor. 
 
 I appreciate the fact that many of the labor organizations do not desire the Bureau 
 of Labor to be incorporated as a i)art of the Commerce Department, and I hesitate to 
 vote against their wish in the matter. I believe, however, that if labor is to go on 
 and derive the just benetits to which it is entitled, it must be recognized as a part 
 of the industrial and commercial interests of our country, insejiarably and forever 
 united, and I look forward to the time when cai)ital and labor engaged in all char- 
 acter of industries and commerce will be united in harmony an<l their differences 
 settled by the just tribunal of arbitration. 
 
 It is suggested that a Secretary of Conunerce and Labor appointed under this 
 measure might be disposed to favor commerce rather than labor; but our recent 
 experience under President Roosevelt leads me to think that under the present 
 
LEGISLATIVE HISTORY 567 
 
 Administration, at loiV^t, labor will ho in-otcctivl ami lici- interest ^na n led fa i- better 
 than in a S(.'parate hiirean. 
 
 We have gone on for years appropriatinj; vast sums of money for tlie improve- 
 ment of our rivers and iiarhors. We have been oecnpied f<jr many years in the dis- 
 cussion of the fxreat isthmian canal, and have authori/A'd tiie exi>enditure of millions 
 of dollars to develop this hiy;h\vay of commerce, and the time is ripe for the exten- 
 sion ot our fori'i>,'n trade and the expansion of our conunerce with foreij^'u countries. 
 No dcpaitnii'nt of our ( iovernmmt tn-day has jurisdiction thereof or can give to our 
 industrial and comini'rcial interests the information that is necessary to enable our 
 peo}iU> to taki' advantage of the markets of foreign countries. 
 
 Ju the last session of Congress we apjiropriated, I think, nearly half a million dol- 
 lars for the benelit of a i)rivate or State institution located at I'hiladelidiia, for the 
 jiurpose of building up a bureau of information to enlighten our mamifacturers with 
 reference to foreign markets. 1 f that was wise, it is certainly better that the ( iovern- 
 meiit exjiend such money in a laireau or in a department especially created for the 
 benelit of connn^Mce and labor. 
 
 ^Ir. ("hairman, there is one jirovision of this l)ill to which I nnist make ol^jection. 
 Section authorizes the creation of a new Bureau of Insurance. The business of 
 insurance is not commerce. A contract of insurance is not an instrumentality of 
 conunerce, and the creation of this Bureau is unnecessary and, in my judgment, 
 unwise. The insurance com|)anies of our country, locate<l in (lifferent States, are 
 pi-operly regulated by State laws. There is no complaint that any investor in insur- 
 ance, whether it he life, marine, or tire, is not furnished with all the information 
 necessary \\ ith reference to the stability of the corporation, the character of its policies, 
 statistics with reference to losses, etc., in the statistics now i)ul)lished by the corjiora- 
 tions themselves. You might as well create a bureau for the investigation of the 
 value of seciu'ities that our people desire to purchase, such as railroad bonds and 
 industrial stocks and things of that kind into which people i)ut their money. 
 
 I want to call the attention of the House to the decision of the Supreme Court of 
 the T'nited States with referi'uce to insurance. Ccnigress has no power to regulate 
 the insurance business. It is a useless ex]ienditure of the public money. Let me 
 read from the opinion of Justice Field with reference to any kind of insurance: 
 
 Issuing a policy of insurance is not a transaction of commerce. The policies are simple contracts 
 of iiuleninity against loss by tire entered into between the corporations and the assured for a con- 
 sideration paid by the latter. These contracts are imt articles of coninierce in any proper meaning 
 of the word. They are not subjects of trade and barter ottered in the market as somethinK having an 
 e.\ist('n<'e and vahie iiideiiendent of the parties to them. They are not commodities tn lie shijiiied or 
 fdrwarded from one State tn another and then put up for sale. They are like other pirsi>nal con- 
 tracts lietween parties which are completed by their signature and the transfer of the consideration. 
 Stich contracts arc not interstate transactions, though the parties may be domiciled in dift"eront 
 States. The policies do not take effect — arc not executed contracts — until delivered by the agent in 
 Virginia. 
 
 That opinion was written in the case of Paul /. ^'irginia. 
 
 Mr. Hei'BIKX. W'hen? 
 
 ^Ir. CouMss. ]t is reported in 8 AVallace, 108. I can not tell the year when it was 
 rendered. 
 
 Mr. Perkins, liack in the sixties, I think. 
 
 Mr. CoKi.iss. I am reading from 155 United States Keports, in wliich that opinion 
 is quoted, and that was of later date, 1894. Justice White, now on the Su])reme 
 Bench, in rendering the ojunion in the case of Hooper v. California, said: 
 
 The business of insurancv is not commerce. The contract of in.snrance is not an iiisinnnentality 
 of coninuTce. 'J'he making of such a contract is a mere incident of commercial iiUercourse, and 
 in this respect there is no dilTerence whatever between insurance against lire and insurance against 
 " the i)erils of the sea." 
 
 I will also call attention to the case of Fire Insurance Compau}- against New York 
 (119 r. S. Keports, p. lit)): 
 
 Insurance is not commerce; it is not a contraet over which Congress has any control under the 
 Constitution. 
 
 Why, then, bmvien the ])eople by a creation of a department and tlu' appi>intment 
 f)f odicers and the ])tiyment of salaries merely for the pin'])ose of gi\ing emj)lovment 
 to some one? It can have no beneficial effect. Congress can not regulate it. If 
 you find that the great insurance comiiaTiies of New York are specadating on AVall 
 Street, and thereby endangering the interi'sts of the jHilicy holder. Congress has no 
 ]iower to stoj) it. Congress has no jurisdiction over it. Therefore 1 submit that 
 paragraph in this bill should be stricken out. 
 
 I believe that the iK'iiartment of Conuuerct^ will b(>come the greatest ])Ower and 
 intluence for good of any department of our country. 1 would perhaps ]>ersonally 
 go further, and incorporate other interests. The bill as it came from the Senate 
 incorporated too many l)ureaus, and the committee has been wise in narnjwing the 
 
5G8 LEGISLATIVE HISTORY 
 
 measure down to tlie proper administration of that branch of onr Government. 
 Capital is only labor combined. Labor and commerce are indispensa})le to each 
 other. They should be enlarged and advanced by every influence. I am therefore 
 heartily in favor of the bill, with the exception mentioned. 
 
 Mr. Crujipac'kek. Before the gentleman takes his seat I would like to ask him a 
 question or two with reference to the insurance proposition. 
 
 jNIr. Corliss. I would be glad to answer any questions that the gentleman may ask. 
 
 ]\Tr. Crumpacker. Is there any bureau or division in any bureau of the department 
 that has jurisdiction of the subject of insurance now? 
 
 Mr. Corliss. I think not, sir. 
 
 Mr. Crumpacker. I understand that statistics relating to insurance, fire and life, 
 are collected by the Census Department. 
 
 Mr. Corliss. There is no doubt but what the Census Department and some other 
 departments have obtained statistics upon that subject. Certainlj' the Census 
 Dejjartment has gathered statistics pertaining to it. 
 
 Mr. Cru.mpacker. This bill as it is now provides for the creation of an independent 
 bureau devoted exclusively to the subject of insurance, as I understand. 
 
 Mr. Corliss. And the publication of information pertaining thereto. 
 
 Mr. Gaines, of Tennessee. I will ask the gentleman to I'cad those words. 
 
 Mr. Corliss (reading): 
 
 It shall be the province and duty of said Bureau, under the direction of the Secretary, to exorcise 
 such control as may l)e provided by law — 
 
 And there can be no provision by law, under the Constitution — 
 
 over every insurance company, society, or association transacting business in the United States out- 
 side of the State, Territory, or District wherein the same is organized, and to footer, promote, and 
 develop the various insurance industries of the United States— 
 
 TIow?— 
 
 by gathering, compiling, publishing, and supplying all available and useful information concerning 
 such insurance companies and the business of insurance, and by such other methods and means as 
 may l)e prescribed by the Secretary or provided by law. 
 
 Now, my ]5oint is this: I believe that under the Constitution of our country we 
 have no jurisdiction over insurance. We can not hereafter pass laws affecting it. 
 You may de\'eIop all the information you possibly can and it will be of no benefit to 
 the people. They are furnished the information now in the States. 
 
 [Here the hammer fell.] 
 
 Mr. Hepburn. Mr. Chairman, I yield to the gentleman from Georgia such time as 
 he may desire to use. 
 
 Mr. Adamson. Mr. Chairman, though I was not originally A'ery enthusiastic for 
 the creation of a new department, I have, during the hearings and investigation of 
 the subject, reached the conclusion that if a department including commerce is to be 
 established the title of the present bill was wisely retained by the Senate and equally 
 wisely retained by the House committee. 
 
 If anybody is jealous as to the use of names or terms or the particular place of 
 names in the titles of bills, I am perfectly willing to transpose the names in the title 
 of this bill, and denominate it "the Department of Labor and Commeree." I did 
 not, until the agitation of this bill came n]\ understand tluit tliere was any very loud 
 demand throughout the country for a Department of Commerce. There had been a 
 (leman<l f(ir a Department of I.iabor, and I know that the demand was in at least one 
 platform of my party. 
 
 Now, if some gentleman should move to strikeout "commerce" and leave this 
 the "])epartment of Labor," there might be some reason for supporting that on this 
 side of the Chamber. I do not jsropose to consent, by the establishment of this new 
 Department, to a declaration of war, declaring or recognizing by law a state of war 
 between capital and labor. I am quite sure, and it is not denied here, that those 
 representatives of lalior who ap]>eared before the conuiiittee, objecting to placing 
 labor in this new Dejiartment, were actuated l)y the sole reason that they expected 
 as soo:i r ' this Department was established to use it as an additional argument for 
 the establish njent of another department — a Department of Labor. 
 
 Mr. Davis. What representative of labor made that remark before the committee? 
 
 Mr. Adamson. I do not remember the name of the particular gentleman, and I 
 did IK it say that any man made that remark before the committee. I said I so under- 
 stood it, and it has not been denied here. But while my distinguished friend was 
 S])eaking I remember either hearing him read or say something that sounded very 
 like such an admission. 
 
 JNIr. Davis. What 1 said and what I read from the remarks was that the gentleman 
 hoped that at some time labor would be separately and independently represented. 
 
i,K(!isLAri\ )•: iiisroKY 509 
 
 ?.Ir. Akamson. I luivo no (loul)t, Mr. C'liairnian, that that is the roa.«on of the 
 (pl)j(.'ctiiiii liy till- ri'presentativos of lal)or — of all who did ()l)joct — tliat they expect 
 iiiiiiicdiatcly t<> in-oriuv the t stalilishnu'iit nf a I IriKirtnu'iit nf J-ahor. I statcil to my 
 colU'a.iiiU's on tho cun unit Ice, and 1 roitcnitr tluM)|iiniMn here, that if laiiorf^huuM he 
 j^tricken fioMi tlii.'^ hill, and the l)ciiartnuiit ul' ('(ininiiTcc aiimi' lolt, they would come 
 liffoiv the proper eonunittee of tiiis 1 louses and secure t he report of a hill estahlishiiig 
 a Department of I-ahor, and it would l)i'come the law of the land hefore this bill 
 leceived the signature of the Presi<lent, in my hund)le judgment. 
 
 .Air. Ku iiAKOsoN, of Alabama. May I ask the gentleman a question? 
 
 Mr. Adamson. With great ])leasure. 
 
 Mr. RienAHOsox, of Alal)ama. If lalior were to do that and secure a separate 
 and distinct department, would the genliemati he oiijiost'd to it? 
 
 Mr. .Vdamson. I would \n{r for it, and so would you. 1 just stated tliat if you 
 struck conunerce from the bill, there would ))e more sense in it than in striking out 
 labor. 
 
 Mr. IvK'nAimsoN, of Alabama. 1 un<lerstood the gentleman to say that if lalior is 
 left in the bill, he would vote against the Dejiartment of Commerce and Labor? 
 
 Mr. Adamsox. No; I sui)port the l)ill as re])orted. If you strike out labor, 1 have 
 not stated what I wouhl do. 
 
 Mr. Kkiiahdsox, of Alabama. I understood that to he the jiosition of the gentleman. 
 
 Mr. AoAjrsox. I may have saiil in connnittee tliat if labor weic stricken out, I 
 would vote against it, but I have not said it here. 
 
 Mr. Ri( iiAnnsox, (jf Alabama. I understood th(> gentleman to sa\' that if labor was 
 left in the bill as it is now the gentleman would vote for the bill, but that if labor 
 was stricken out he would not vote for the liill. 
 
 Mr. Adamsox. The deponent has not stated what he would do if labor were stricken 
 out, l)ut when the roll is called I will try an<l vote loud enovigh for the gentleman to 
 understand without any mistake. I have not agreed to vote for the bill if you strike 
 out labor. I do not lielieve it would be as wise a bill, and I do not believe there is as 
 great deniand for th(» Department of Conunerceas there is for a Department of Labor. 
 I belii've that every l']xecntive Department of the CJovernment is more or less devoted 
 now to the interests of commerce. 
 
 Mr. (tAines, of Tennessee. Will the gentleman allow an interruption? 
 
 Mr. Ada.msox. Certainly. 
 
 Mr. Gaixes, of Tennessee. Does the gentleman think that we should have the 
 Insurance Bureau? 
 
 ^Ir. Adamsox. I do not believe the Federal (iovernment should interfere with 
 insurance or any business of the citizens of the States beyond a possible bureau of 
 infoiination. 
 
 ^Ir. (iAixES, of Tennessee. Llave we not already all the information we need about 
 insurance? 
 
 Mr. ADA>rsox. 1 do not know. I ojipo.eed at first the suggestion that the Federal 
 Government take jurisdiction over insurance for the reason that I feared it might be 
 taken advantage of by sjiurious co'mpanies to defeat the precautions and jirotection 
 which tlie Stat(>s have inaugurated for the defense of their citizens. 
 
 ^Ir. G.vixEs, of Tennessee. Wfiuld not the reports be frankable, and so relieve the 
 insurance companies of that burden? 
 
 .Mr. Adamsox. It might be of some corres])onding advantage to citizens who deal 
 with insurance compianies. I would go far enough to say that as to any of these mat- 
 ters the Federal (iovernment, Avith its superior advantages and facilities, might be 
 able to get up more satisfactory information and disseminate it throughout the coun- 
 try. That far I have been willing to go on all these questions; but this bill, as I 
 understand it, in so far as it provides for an insurance bureau, emphasizes the idea 
 that it is to ))e a bureau of information. 
 
 Now, I was going on to say that every existing dei)artment of the Crovernmeut is 
 more or less now (levoted to the intei'ests of commerce. It might have been that a 
 reclassitication or collocation of the different bureaus might have obviated the neces- 
 sity for this Departmi'ut, but there came from all over the country demands for this 
 Dejiartnient. The only word of disc«nl heard was an occasional reference to the dif- 
 jV-rences, jiurely artilicial, that exist between different interests and the manifest 
 jealousy, foolish and wicked, betwei'u labor and cajiital. 
 
 I have no patience on the face of the earth with <lifferences of that sort. I see no 
 sense in transferring to theCabinet surrounding the President a chronic row, entirely 
 artificial on its face and vicious in its vitals, and which always ought to be discour- 
 aged rather than encouraged. 
 
 If it can not becompos(>d in a department, if it can not be discouraged there, I can 
 not see how the situation could be rendere<l less acute by dignifying the position of 
 both parties and jilacing the warriors at the Cabinet table. 
 
570 LEGISLATIVE HISTORY 
 
 I do not know how to draw these Une8, anyway. I do not know many men who 
 can tell whether they are laborers or whether they are caj)italist8, whether they are 
 employers or employees. Most men manage to keep ab(jut even, and owe as many 
 people as owe them. Most men are willing to hire hands if tliey need them and can 
 pay them. Most men are willing to hire out to anybody else wlw will i)ay them. 
 Most men who are now capitalists have been reared as laborers, and if now "they do 
 not labor assiduously with their own hands, if in lieu thereof they are able to employ 
 the industry of other men, it is their good fortune that they have been able to econ- 
 omize and save their earnings and have developed judgment enough to utilize the 
 lal)or of others as well as their own; and they are no less the men of brawn and 
 industry l)ecause they have saved their wages and improved their fortunes than 
 when they were daily lal)orers themselves. It were well with them if they "forget 
 not the rock whence they were hewn," and few of them do. 
 
 Mr. Chairman, I )>elieve that, in so far as this Government bestows a bounty upon 
 any particular business, it ought to recognize tlie particular interests which are 
 engaged in the jiroduction of wealth under tliat bounty; and for that reason 1 have 
 often urged the doctrine that wherever la))or and capital are engaged in a business 
 which enjoys profit by reason of protection, the Government ought to see that in 
 such a case "the bounty of tlie Government is fairly shared and divided between the 
 la])orers and the owners of the capital operated upon. I believe that, in so far as it is 
 proper for the Federal Government to take part in the adjustment of disputes and hear 
 the complaints of this man or that man or the other man engaged either in labor or in 
 lending money or investing money in manufactures, the Government ought to regard 
 them as fellow-citizens, with common and reciprocal interests, and do nothing and 
 say nothing, enact no legislation, that will authorize any of them to forget that all 
 lal)or and all manufacture and all production and all trade is commerce. 
 
 Gonniierce is trading together. Laljor produces. Manufactures take the product 
 and cliange its form and character and value. Other jieople engaged in merchandis- 
 ing, in importing, and exporting take the products and the raw material and trans- 
 port them to the uttermost parts of the earth and in another form of commerce 
 convert them into other things that the original laborer and intermediary manufac- 
 turer most need. These products, whether raw material or finished by skill, go 
 from one end of the country to the other or from one country to another, and it is 
 all commerce. And the man who would stand up and undertake to differentiate 
 l)etwcen the different citizens and classes of his coimtry and seek to encourage the 
 divorcing of interest from interest, seek to promote bickerings and strife to the point 
 of making a legal declaration recognizing a condition of existing warfare between the 
 different citizens of his country, is not performing the part of a patriot, no matter 
 what his intentions and motives may be. [Applause.] 
 
 I believe, Mr. Chairman, the ])art of wisdom now is to pass this bill as reported 
 by the committee; to say to those laborers who have, fortunately, gotten rich, "You 
 are still laborers, though the character of your employment may have changed;" 
 to say to the poor man, the man at work with the overalls on, "Every mayor, every 
 Congressman, every governor, every Senator, everj^ dignitary, every capitalist in the 
 land, with few exceptions, was once just such as you. Do not show your littleness, 
 do not show your envy, do not confess your inferiority l)y going round with a chip 
 on your shoulder begging somel)ody to insult you and disci'iminate against you. 
 Stand up and do your duty as a man; take your growth, and some day you will be 
 one of these same capitalists that you are now trying to get the chance to fight." 
 But you will be no more honoral)le in the eyes of honesty and intelligence than now, 
 when you are not ashamed to work. [Great applause.] 
 
 ^Ir. Chairman, I had not intended to speak so long. I thank the committee for 
 its close attention. 
 
 The committee resumed its session [January 15, 1903]. 
 
 Mr. Richardson, of Alabama. Mr. Chairman, I yield to the gentleman from Mis. 
 souri [Mr. Shackleford], a member of the committee, so mncli time as he may desire- 
 Mr. Shacklef( )rd addressed the conmiittee. [His remarks were not furnished to the 
 Congressional Record.] 
 
 Mr. CocnuAN. Mi'. Chairman, I address myself first to the main question, Shall 
 this new Dejiartment be established? Certainly numerous and phuisilile arguments 
 in favor of it have been made, and if the pending bill only provided for the I'reation 
 of a Department of Commerce, with misgivings as to the wisdom of further enlarge- 
 ment of tlie vast system of 1>ureauocracy into which the Government is l)eing trans- 
 formed, I would yield to the suggestion that the proposed new Dei)artment might 
 vastly promote industrial and commercial development and give it my support. 
 
 But, I\Ir. Chairman, the l)ill proposes to create a Dejiartment of Commerce and 
 
LEGISLATIVE HISTORY 571 
 
 !>rtlH>r, tlioreby vesting the head of the Department Avitli ])Owers and imposin*; iipim 
 him ihities which, if not repujinant, are at least not entirely harnionions. 
 
 To connnit the interests of lal)or to tiie keeping of the Secretary of Commerce, to 
 treat thi^ labor problem npoii a jilane with the transactions of the bourse or the 
 market ]>lace, is a mistake so grave that it is grotes(|ue. 
 
 Mr. ("hairman, what do we exfu'ct to accomi)lish by creating a Department of 
 Connnerce? The name of the new Deiiartment answeis the (jnestion. We hope to 
 develo[) new tields of profitable trade and foster old ones. We hope to facilitate 
 industrial development and pri)mote i-ommerce at Iiouk^ and abroa<l. What should 
 be the (|ualitications of tlie chief of this new Depart iiunit'.' Above everything else, 
 he should be a man of affairs, ai'<juainted with the vast subject with which he nuist 
 lU-al; vigilant, euteri)rising, resouiceful, an<l i)os.se.ssed of the sagacity wliicli distin- 
 guishes the American man i>f business from all others. 
 
 We will look to this Deinirtment to give direction to the energetiit campaign that 
 lias for its object the eoiupiest of the markets of the world by American merchants 
 and mamifacturers. 
 
 How to i)rodui'e the best and at the same time the cheapest commodities and send 
 them w iu'ie they are wanted is the most vital problem of international commerce. 
 Upon its solution everything else depends. 
 
 riaiidy, then, Mr. Chairman, the work in liand calls for the i)ractical experience 
 and training of tlie merchant, the manufacturer, tlie financier, and if the new Depart- 
 ment is to justify the hopes of its founders, at its head must l)e placed a man uniting 
 statesmanship witli much experience in business. 
 
 But, iMr. Chairman, 1 j)rotest against committing to a man such as I have descriV^ed 
 the safe-keeping of the interests of la1)or. The labor problem — tlie j)roblem of the 
 ages — the most vital of prolilems — is in its very essence a social itroblem. I would 
 not expect at the liands of the man of i)er centunisand liargainseven an honest effort 
 to understand this jn-oblem, much less a policy in dealing with it consonant with 
 the welfare of the millions who depenil upon the earnings of labor for a livelihood. 
 The gentleman from (Georgia [Mr. Adam.son] says he declines to admit that there 
 is an irreconcilable war lietween labor and capital. That is not the way to put it. 
 Un(|nestional)ly the selfish interests of capital and lalior clash, but it is not a war. 
 There is no war between a man who buys a farm and the one who sells it, l)ut the 
 ]>urcha.*er is eager to liny it at a less price, while he who sells seeks a larger consider- 
 ation. There is no war between a manufacturer who offers goods for sale antl the 
 merchant who buys them, but their interests conflict. Each seeks to promote his 
 own welfare — to increase his own profits. On this line rages the endless contention 
 betwei'u lal)or and ca})ital, and experience has shown that with labor unorganized, 
 with each individual in the vast industrial army segregated from his fellows and 
 fighting the stern battle for liread alone, slavery must inevitably lie the fate of the 
 va.st majority. 
 
 A jirofound consciousness of this fact has led to the organization of the breadwin- 
 ners of the United States, and unfeending oj)positiou to labor organizations on the 
 l)art of the great corporations engaged in production warns us that in the future the 
 gravest i>roblem with which statesmanship must deal is how to measurajjly reconcile 
 the contention that rages l)etwei'n these stupendous forces. 
 
 History admonishes us that force can not be relied upon to wisely solve this prob- 
 lem. We shoul<l not forget that centuries ago precisely analogous conditions led to 
 conflicts jirecisely similar to the struggle now going on in this country. On the one 
 side rich employers, arrogant and conscious of the power of wealth and the weakness 
 of ))overty; on the other the wage-earners organizecl into fraternal brotherhoods. 
 
 Then, as now, the employer contended that for the laborers to organize and assert 
 the right to di-al en masse with employers was an interference with his legal right to 
 dictate to each laborer si-parate from his fellows the ti'niisan<l conditions of employ- 
 ment. Then, as now, the rejoinder of labor to this autocratic; assumption was defiance, 
 and persistence in the effort to escape by organized resistance the ])rogre.ss of an 
 industrial order which, in the end, if unoi)posed, would inevitably lead to slavery. 
 
 Mr. ( 'hairman, let us see if we can arrive at a precise delinitiou of the issue between 
 labor and cajjital. It arisi'S thus: A emj^loysa thousand men. If he may deal with 
 them individually, he can say to each, "Take what 1 offer or quit my employment." 
 With what result? Concede this power and he may dictate aljsoluti'ly all the stipu- 
 lations of the lalior contract. He may dictates the lu-urs of labor, the ])rict' of labor, 
 the kind of quarters the men shall occupy, and thus exerciser a tyranny as despotic 
 and all-pervading as ever was exercised by the owner of a chattel slave. 
 
 I have JU'ver heard from tlu^ lips of an enemy of organized labor any satisfactorj' 
 rejoinder to this arraignment of tluMiidustrial system which would result from the 
 denial of the right of the effective organization of laborers. 
 
572, LEGISLATIVE HISTORY 
 
 Of course we hear it said that labor is a commodity, and as such should be sold Ijy 
 each individual laborer in competition with others. This is puerile. Lal)or differs 
 from all other commodities in many and vital ways. By disposing of his labor, the 
 laliorerfor the time being disposes of his person. He loses power to control his 
 associations and enviromnent. Furthermore, hemustsellliiscommodity — his lal)or — 
 to-day, to-morrow, and every day. The merchant, failing to oljtain a satisfactory 
 price for his wares, may lay them back on the slielf and await a better offer. Instead 
 of a loss, he may gain l)y the delay, for the price of his wares may advance. Fail- 
 ing to find a buyer to-day, he may wait until to-morrow. 
 
 Failing to dispose of his wares in one place he may carry them to some other 
 market and dispose of them, or may often consume them himself. The laborer can 
 do none of these things. He must sell his labor now — to-day — or it is forever lost. 
 His necessities — the daily wants of himself and his household — com]iel him to sell 
 his commodity day after day, in good times and in 1)ad, for what it will bring. 
 
 It is frequently urged that instead of organizing, laborers should seek other reme- 
 dies. "If the terms offered by the employer do not suit him he should cpiit and 
 seek other em])loynient," is al)out the way it is usually stated. This is generally 
 imjKJSsible, and at the Vx'st would not help matters. How would he gain a living 
 while pursuing this remedy? Would he better his condition by the cliange? With 
 no organization to stand between him and his employer, what would he gain bj'' 
 changing taskmasters? 
 
 One further observation on this brancli of the subject. Recently there has occurred 
 a decrease in the number of independent oi)erators — an increase in the percentage of 
 our jiopulation dependent upon employment and wages for a living. There has ))een 
 also an increase in the percentage (jf iieople living in cities. This onlj' intensities 
 the struggle and increases the gravity of an economic and social problem as old as 
 civilization and trade. It was with our progenitors centuries ago; it will be with 
 our descendants centuries hence. Statesmen and governments have tried in various 
 ways to satisfactorily solve it, and yet I believe its solution is possible. 
 
 At every stage of tiie controversy labor has petitioned for an appeal to reason and 
 the abandonment of force as a means of settling labor disputes. For seven centuries 
 this demand has been spurned by the rulers, lawmakers, and statesmen of Christen- 
 dom. It is met by the doctrinaire of the old si'hool with the declaration that to 
 attempt to establish courts for the settlement of labor disputes is impractical ile and 
 visionary. The purse-proud manufacturer and mine owner declare that such a scheme 
 would invade personal rights. The dollar-mark statesman who thrives by dalibling in 
 watered-stock schemes of development says that already tlie exactions of laborunions 
 have increased the cost of production to a dangerous degree. 
 
 These arguments have prevailed and, reganlless of the danger that lurks in gather- 
 ing clouds, we repeat tiie folly of the ages, and in this free countrj' have made little 
 progress in the direction of rational treatment of the labor problem. 
 
 We should not forget that every day the enviromnent of thci laborer and the con- 
 ditions of emi)loymeut are undergoing changes which add to the gravity of questions 
 to be dealt with. Formerly thousands, probably a majority, of the unskilled labor- 
 ers, were employed by the year. They may ha\e received a small per diem, but 
 they were secure against idleness for a year. Now the term of employment is 
 precarious. 
 
 In most employments the mechanic as well as the common laliorer is now em]iloyed 
 by the day or by the hour. The significance of this revolution in industrial life can 
 not be exaggerated. Think of it! Formerly the breailwinner was emi)loyed by the 
 year, then by the month, then by the week, then ))y the day, and now by the hour. 
 In all great manufai'turing enterprises the tendency is the same. 
 
 To comnrehend the importance of these changes in the industrial order, we must 
 take into the account the fact that in dealing with the wage-earners of this generation 
 we are liot dealing with the illiterate serfs of former times. A century ago few labor- 
 ers could read and write. The mechanics and artisans of a hundred years ago were 
 uneducated, and inferior to the wage-earners of to-day in intelligence. 
 
 I\lr. Chairman, even when the laborer was illiterate, harsh legislation, repression, 
 did not prevent him from resisting the op])ression inseparable from an industrial 
 system in which the employer claims autocratic power over all the stipulations of 
 the lal)or contract. Heboid a schoolhouse on every hill and in every valley, placing 
 within reach of ever}' boy antl girl in this Republic, rich and poor alike, the same 
 avemies to imjtrovement and education, and be warned against persevering in the 
 errors of the past. You can not build schoolhouses and employ teachers to fit men 
 and women for a social paradise and expect them to dwell in contentment in an 
 industrial hell. 
 
 ]\Ir. Chairman, I have digressed from the subject in liand apparently, but it was 
 for the purpose of drawing attention to the fact that the labor problem is a political, 
 
LK(nsLATIVK HISTORY 573 
 
 ;i sdcial proMoni. It iiuist 1h' studicil apart fnnii tlir relation nf lalior to tlio profits 
 of till- harL'aiii counti-r. I can not lu'Iii'vo tiiat u man (•a|)al)l(' of nicctin^onr cxpi-ct- 
 atioiis us a Scm'tarv uf C'onuurrci' wonid apjuoarh the labor )piolik'iu with any just 
 conception of its true natnre or of its vast importance cxccjit as it is related to the 
 (pu'stion of the cost o( the jtroihiction of thinjis. This is one phase of the (piestion, 
 to be sure, and an important one, bnt it is not paramount. 
 
 Yonr Secretary of Connn«'rce will be drawn from classes and your iH'partment of 
 Commerce will be dominated by influences interested solely in increasiuji trade and 
 tlie profits of trailers. It is idle to say that the I'resident would appoint a Secretary 
 of tlu' lU'partment of Conunerce who would sympathize witii the laborer's battle 
 for a l)etti'r livini: and sympathize witli the employer's (piest for cheai)er pro<biction 
 auil lari^er ])rotits, and who would seek to hohl the scales of justice evenly between 
 them. 
 
 I think it is demonstral)le that unwise and discriminative policies jonii pursued by 
 the railroads havt^ bli<rhte<l the villages, prevented the j^rowth of small cities, and 
 thus driven the laborers into the jrreat cities, to their immeasurable injury. Tliere- 
 fore I believe that a just solution of the transportation ])roblem would contribute to 
 the welfare of all wa^'e-earners. Accord to the viliajje, luiudet, an<l small city trans- 
 ]iortation facilitii's and lates such as are enjoyed by the larue cities and they will 
 firow anil pros]ier, and the tendency to the con<,festion of waj^e-earners in cities will 
 be ai rested. If this be true, by moving' in this direction we could do more to settle 
 the labor prol>lem than in any other way; yet we are j,'oin^ on in the contrary 
 direction. 
 
 The drift of the laliorin<i classes to the jjreat i-ities is the most ominous si<;n of the 
 times. 
 
 What is the consequence? They occupy crowded tenement houses, dwellin<,' in 
 continual wretchedness, and rearinjj: their families wliere the K)ofs, the fire escapes, 
 or the street nuist be resorted to for even a l)reath of fresli air. 
 
 I know, ^Ir. Chairman, that much of the suffering and many of the misfortunes I 
 have mentioned are unescai>ab]e, but I know also that many of these evil outgi'owtlis 
 are the result of evil i)ractices which could be and ought to Ije ])revented. The 
 victims are Jielple.^s. AVise statesmansliii), nncurbeil by the maxim that "Business 
 is business," must find a remedy for such of these evils as are curable, or still greater 
 evils will be visited n]i<^in all classes. Iloplessness is the forerunner of despair, 
 ^lisery is the mother of crime. 
 
 Say to the muliiplying thousands who swarm in the slums of the great cities that 
 there is no hope of better things, that they and their posterity forever must dwell 
 amid such evil enxironments, ami tlii-y will interpret the message as a declaration 
 that as to many ([ieihai)S when the evolution of the industrial order shall l)e com- 
 plete, a majority) of (iod's creatures civilization is a failure, Christianity a farce, and 
 t!ie ]ireten.«e of just government a travesty. Would such an interpretation of such a 
 declaration l)e right or wrong? 
 
 IMr. Chairman, 1 contend that here 1 have suggested another phase of the labor 
 I)rol)leni which nuist be dealt with. 1 do not lielieve it would be regarded as a prob- 
 lem in sociology by the Secretary of Commerce. I do not believe he would consider 
 it at all. Apprised of all its evil conseijuences, he would ]irobal)!y shrug Ins shoul- 
 ders ami say, "l>usine.<s is liusiness," and in five minutes forget that he had ever 
 heard of it. And yet it is the opinion of all .sociologists and students of social 
 economics that the tendency to the congestion of wage-earners in cities is the most 
 menacing anu'ury of the times. 
 
 It is true tiiat this tendency is world-wide, but it is more marked in tlie United 
 States than anywhere else, and this, too, notwithstanding the fact that here it .should, 
 and under normal conditions would, be least active. 
 
 In France, where a i)opulation of nearly 40,000,000 occupy an area of territory so 
 small that were you to jilace it in Texas and make Texas a sea you would have a 
 hundred miles of water all around you, a larger number of jK-ople out of eveiy thou- 
 sand live on the land, outside the cities, than in the I'nited States— a republic con- 
 tinental in area, extendin<r from ocean to ocean and from British Cohnubia to the 
 (inlf. Why this difference? It is because the little neighborhood factory is pros- 
 perous in France, and the little factory in the Frem-h hamlet prosjsers l)ecause in 
 France the lartre city and the small handet fare alike in railroad rates ami facilities. 
 
 Mr. Chairman, other considerations bearing ui)on our jiolitics, and closely related 
 to the labor problem, are too important to be overlooked. The lawmaker who has 
 not discerne(l in recent years political temlencies which, if unchecked, will lead 
 eventually to a complete revolution of the parliamentary situation which has pre- 
 vailetl in the United State's for a hundred years has not closely studied events. So 
 far the control of the Govtirnment luvs restecl iu the hands of one or the other of two 
 
574 LEGISLATIVE HISTORY 
 
 grreat politioal parties. First the Federalists ami Republicans contended for mastery. 
 Later tlie Democrats and Whigs, and for the last fifty years the Democrats and Repub- 
 licans have divided the voters into two vast armies, and throughout a century one or 
 the other of these great political organizations has governed this country. Mr. Chair- 
 man, the change in the environment of a large proportion of the voters of the country 
 has set on foot a new social movement which, originating in a community of interests, 
 is destined to lead to concerted political action. 
 
 We began as a nation essentially rural. During the early years of the Republic 
 the owners of the soil controlleil political parties and the Government. The cities 
 now exercise sui)reme control of the machinery of parties. Thus far the voters of 
 the cities have remained loytd to the great party organizations to wliich I have 
 referred. How much longer will they continue to be loyal to these parties? How 
 long Mill our political battles l)e fought out by two great party organizations and end, 
 necessarily, in placing one or the other of these great parties in control? Sir, I pre- 
 dict that in the not distant future munerous seats on this floor, and later a few seats 
 at the other end of the Capitol, now held by Democrats and Republicans, will be 
 occupied by the representatives of a new ]iarty evolved from the interminable struggle 
 over the lalxjr problem, and that the balance of power in politics and government 
 will eventually be held by tliese newcomers. 
 
 Mr. Chairman, the drift of politics in this country during the past six years has 
 given tremendous impetus to this tendency. Whatground for hope of fair considera- 
 tion of the rights of those who toil can ])e found in the history of American polities 
 during that period? My distinguished friend fronr Ohio [Mr. Grosvenor] has just 
 entertained us with a rehearsal of the election statistics showing the great victories of 
 the Republican party in 1896, 1898, and 1900. Unfortunately for the country, his 
 extravagant claims are justified by tlie facts. But, JNlr. Chairman, let us consider 
 briefly the conseijuences of these glorious Republican victories. 
 
 It is true that sevei-al States heretofore Democi'atic were swept into the Repuljlicau 
 column in 1896 and have remained there ever since, and the Republican member- 
 ship of Congress has been strengthened proportionately. The Republicans gained 
 two seats in the Senate by retiring two Democrats from New York and sending two 
 Repul)licans in their places. To whom were the Senatorships awarded? Were they 
 given to representatives of the laboring men and producers? No. One went to Mr. 
 Vanderbilt's attorney, JMr. Depew, and the other to the United States Express Com- 
 pany in the person of its i^resident, Mr. Piatt. 
 
 Two Democratic Senators from "NV^est Virginia gave way to two Republicans. Who 
 are they? Representatives of lal)or or agriculture? No. Messrs. Elkins and Scott, 
 I^artners in tlie ownership of the West Virginia coal monopoly. A veteran from Ohio, 
 who first and last had more strongly impressed his personality upon Republican poli- 
 tics and policies than any man of a generation in which giants were his colleagues in 
 the Senate, Mr. Sherman, was flattered into surrendering a seat in that august body 
 to the worst member of the gang of newcomers who now control the Republican 
 party machine. 
 
 Who is the beneficiary of the conspiracy by which John Sherman, in his dotage, 
 was wheedled into placing himself under the espionage of Mr. Day, from Dayton, 
 and finally retired, broken-hearted, from a Cabinet office in which he had been placed 
 not for the purpose of honoring him with its dignity or with the intention of per- 
 mitting him to exercise its duties, but solely for the purpose of making a place in the 
 Senate for the chief of the fat fryers. Is he a representative of the millions who toil 
 in shop, mine, field, and factory? No! He is the prince of political boodlers and a 
 type of the stock-jobber statesmen who swarm at party headquarters during cam- 
 paigns and are gradually taking possession of all branches of the Federal Government. 
 
 Do you think the laboring man who, in his home or boarding house, reads the 
 newspapers and knows these facts as well as you do is unaware of their meaning? 
 Gentlemen, these things are driving from his heart the hope of better things at your 
 hands, and he will notnmch longer follow a party leadership drawn from thedirectory 
 of corporations and identified with circles essentially hostile to the dearest interests 
 of the millions who toil for a livelihood. [Applause.] 
 
 In conclusion, ]Mr. Chairman, 1 declare that solely because this bill proposes to 
 place the Labor Bureau in charge of the Secretary of Commerce I am opposed to it 
 and shall vote against its passage. [Applause.] 
 
 IMr. Hepburn. Mr. Chairman, I appeal to my friend that he fix some time for the 
 termination of this debate. The gentleman's side has occupied two hours and four 
 minutes, and one hour and ten minutes has been occupied on this side. 
 
 Mr. RicuARDSoN, of Alabama. We are not going to object to any length of time. 
 As I understand, it is unlimited. There was no time limit put upon debate. 
 
LEGISLATIVE HISTORY 575 
 
 Mr. ITErnrRN. Y(wr ]>ro]>nsiti(iii was that at 4 o'cldck we would aji;r<'(M)ii wmie time. 
 
 Mr. KiriiAiiusoN, of Alal)aiiia. Al)ont 4 o'clock, yes; that we would try to agree; 
 and 1 am reaily to fullUl my ])roposition now. J will try to agree. 1 think we had 
 better lake the vote to-morrow — say at !> o'clock. 
 
 Mr. Ilioi'iuKN. To-morrow will he otherwisi' occujiied. 
 
 Ml-. l\i( H AKDsoN, of Alabama. I am ready to comply with my pnjiiositiou to the 
 gentleman that we should try to agree. 
 
 Mr. JlKi'MruN. Suj)pose we close debate after four and one-half hours? 
 
 Mr. KieuARDsoN, of Alabama, (ienerai debate? 
 
 Mr. IIkimukn. Yes. 
 
 Mr. Ku'MAKDsoN, of Alabama. When will that stop the general del)ate? You do 
 not ])ropose to close it this afternoon, d(j you? 
 
 ]\Ir. llKrnuHN. 1 should like to close debate about T) o'clock. We want upon this 
 Bide a half hour more of time. That will give an houi' an<l forty miiuites to this side. 
 You liave already had two hours and four minutes. Now, will ten minutes more 
 satisfy gentlemen on that side? 
 
 Mr. RicnARnsox, of Alabama. I should not like to agree on that, because there are 
 other gentlemen here who want to speak and I do not desire to cut them out of the 
 opportunity of speaking. I am disposed to think that we ought to adjourn about 5 
 o'clock and let it go over until to-morrow. 
 
 Mr. liAMn. To-morrow is war claims day, 
 
 Mr. Ku'MAHDsox, fif Alaliama. My i)roposition strikes mo to be very reasonable. 
 
 Mr. IIei'iukn. 1 ask now unanimous consent that general debate be concluded in 
 thirty-live minutes, ten minutes to be controlled by the gentleman from Alal)ama 
 [Mr. Richardson] and twenty-tive minutes by myself. That will make two liours 
 and twenty-four minutes on the other side and one hour and thirty-live minutes on 
 this side. 
 
 Mr. KiCHARnsoN, of Alabama. I want to yield now to the gentleman from Texas. 
 
 Mr. IIkphukn. Why can not the gentleman agree to that now? 
 
 ]Mr. IvicHARDsox, of Alabama. 1 will agree if no one else wishes to speak after the 
 gentleman from Texas concludes. 
 
 Mr. Hkpbihx. 1 f the gentleman does not know of anyone else who wishes to speak, 
 what precludes him from agreeing to the proposition now? 
 
 Mr. Richardson, of Alabama. Because I am afraid that some one might want to 
 speak. 
 
 The Chairman. The gentleman from Iowa asks that general del)ate l)e concluded 
 in thirty-five minutes, ten minutes to be controlled l)y the gentleman from Alabama 
 and twenty-five minutes by himself. Is there objection? 
 
 IMr. RicnARD.soN, of Alabama. 1 object. I will yield ten minutes to the gentleman 
 from Texas [Mr. Wooten]. 
 
 Mr. IIephirn. I yield ten minutes to the gentleman from Texas. I have the floor. 
 
 The Chair.max. The gentlemen from Texas [Mr. Wooten] is recognized for ten 
 minutes, as the ('hair understands. 
 
 Mr. Wooten. I do not think I shall consume that much time. 
 
 Mr. Hepburn. I yield the gentleman from Texas ten minutes. 
 
 Mr. Richardson, of Alabama. Then I yield to him ten minutes additional, mak- 
 ing twenty minutes in all. 
 
 The Chairman. The gentleman from Iowa [Mr. Hepburn] yields to the gentle- 
 man from Texas. 
 
 Mr, Richardson, of Alabama. I thought the gentleman from Iowa had taken his 
 seat. 
 
 The Chairman. The gentleman from Texas is recognized for ten minutes in the 
 time of the gentleman from Iowa. 
 
 IMr. Wooten. Mr. Chairman, 1 have no desire to further j)rolong this discussion 
 at this late hour, but I feel like going on record against this 1)111. 1 l)elieve the bill 
 to be in its practical ])urposes and its inevitable tendencies wrong. I think the very 
 title of the bill itself, taken in c<jnnection with its contents, is misleading and nus- 
 represents the leal purposes and effei'ts of the measure. This is entitled "An act to 
 establish the Department of Commerce and J^abor." 
 
 Now, I have .searched in vam through the various sections of this act to find a 
 single reference to labor as such or to a depaitment or bureau of labor, except so far 
 as section 4 incorporates and consolidates with this jiroposed l)e]iartment the old 
 Department of Labor now existing. There are provisions in this act for a bureau of 
 insurance, a bureau of corjiorations, a Itureau of manufactures, and the head of the 
 Department is denominated in general terms, "the .Secretary of Commerce and 
 Labor," but nowhere in the bill is there any provision made, or any duty imposed, 
 
576 LEGISLATIVE HISTORY 
 
 or any fnnction defined tliat can be reasonalily related to the cause and the interests 
 of organized lal)or in this country. 
 
 The party to which we on tiiis side of the House belong demanded in its last 
 national platform a Department of Labor as one of the independent departments of 
 this Government; and by so doing it recognized the necessity for a Pepartnient that 
 should be wider in its scope, more efficient in its operation, and more intelligent in 
 its action upon these questions than the existing Department of Labor. Yet this act 
 simply incorporates the old Department of Labor, inadequate and inefficient as it 
 has heretofore proven, and even destroys what little virtue there was in that Depart- 
 ment T)y rendering it subordinate and subsidiary to the jurisdiction of this misnamed 
 Department of Conmierce and Labor. 80 far as labor is concerned in this country 
 it is not recognized. 
 
 The gentleinan from Georgia [Mr. Adamson] intimated that he would not recog- 
 nize any coniiict or antagonism between capital and labor. Mr. Chairman, 1 fail to 
 understand or ai)i>reciate the peculiar intellectual and moral attitude of any man 
 wdio, in view of the history of this country for tlie last twelve months, can say there 
 does not exist a radical and a critical antagonism between these two departments of 
 industry and enterprise. For the last nine months one of the greatest necessities of 
 this country, one of the great factors in the civilization and the commerce and even 
 the very existence of our people — the fuel supply of the country — has been paralyzed 
 by this antagonism. 
 
 For the last sixty days, nearly, a joint high cominission, appointed by even the 
 President himself, has been seeking to solve this dangerous and critical antagonism. 
 And yet gentlemen come here and say that labor can afford to lie in an unequal and 
 subordinate position in a Department organized simply and purely in the interest of 
 commerce and the connnercial interests. 
 
 1 undertake to say that the laboring people of this country have asked for l)read, 
 and this bill gives them a stone. They have asked for representation in an ade- 
 quately organized and efficiently conducted department of the Government, and this 
 bill takes away from them even the poor pittance that they now enjoy umler the 
 Department of Labor as it now exists. 
 
 ]\L)re than that, I am opposed to this bill on principle and on what I conceive to 
 bb sound considerations of public policy. Under this bill almost every important 
 function of this Government, so far as our domestic affairs are concerned, is consoli- 
 dated and centralized under this new Department. The bill seeks to take from 
 nearly every other Department all statistical operations. It consolidates here a mass 
 and a complexity of interests and functions that will render it in many respects the 
 most important and far-reaching Department of the entire Federal Ciovernment. 
 And the result of it is simply to nationalize and federalize and centralize every 
 interest and indnstry in this country in the hands of a Federal department of this 
 Government and to leave practically nothing for Congress to do, nothing for the 
 people to be heard upon. 
 
 This bill belongs to that school of political philosophy, that school of commercial 
 exploitation, to which we have been subjected under the dominant political party 
 for a nund)er of years past, whose policy it has been to nationalize all these interests 
 of the people, i)ractically to al)roga>e and abolish the functions of their representatives 
 on this floor, and to turn them overtoacongei'ies of bureaus and boards to be admin- 
 istered without regard to the interests of the people. That is what the bill means in 
 its jiractical effects, and that is what it will accomplish, and it was intended to accom- 
 plish that result. 
 
 I wish, as I said, to go on record against the l)ill, as being hypocritical, deceptive, 
 and misleading in its attempt to answer the demands of labor; and in the next_])lace, 
 on account of tlie fact that the bill itself is vicious in all its tendencies, and, in my 
 judgment, is calculated simply to hasten the day when the real interests of the peo- 
 ple will be relegated to a lot of boards in this <'apital, surrounded by that sort of 
 environment and subject to that sort of influence that furthest remove them froma 
 response to the real burning needs of the Eepuljlic. [Applause on the Democratic 
 side.] 
 
 Mr. Hepburn. INIr. Chairman, I yield five minutes to the gentleman from Kansas 
 [Mr. Scott]. 
 
 Mr. WooTEN. ]\Ir. Chairman, I understand that I have some time left out of the 
 time yielded to me. I would like to yield that to somebody else. 
 
 TheCuAiuMAN. The gentleman has not the right to yield time which has been 
 yielded to him. 
 
 ]\Tr. Scorr. Mr. Chairman, I had not expected to ask for any time in the debate 
 upon tlie ])en(ling measure, and I should not do so now were it not that 1 feel impelled 
 to place on record my very emphatic dissent from some of the views which have 
 been expressed here this afternoon. 
 
LEGISLATIVE HISTORY 577 
 
 ■Xoarly all thdPO who have expressed ojiposition to thif< bill have based that oppo- 
 sition upon the deelaratiou, in substance if not in set terms, tiiatthe interests of lal)or 
 are so diver^rent from, if not absolutely antagonistic to the interests of eoninierce that 
 it would he wholly illojrical to include Ixith these interests in one executive depart- 
 ment. It has been declared here in effect that this new I)ei)artment, if created, 
 would be dominated so completely by the capitalistic interests that labor \Could 
 rc'ct'ive Imt scant consideration, if indeed the interests of labor were not actually sac- 
 liliced and betrayed. 
 
 To all such expressions, ]\Ir. Chairman, I must emphatically dissent. 1 have no 
 sympathy whatever with the sentiment which assumes the division of the people of 
 America into distinctantl necessarily and inevitably antagonistic; classes. It is utterly 
 repugnant to all my instincts as an ximerican citizen to hear "iaI)or" spoken of as a 
 distinct and clearly marked class, and "the interests of labor" allmled to as some- 
 thin<j wholly differentiate! I from and necessarily hostile to other American interests. 
 There is no such distinction in fact and there certainly outiht to be none in legislation. 
 
 To strike out from this bill that part of it which provi<les for the incorporation in 
 the jiroposed Department a Labor Bureau, with the plain purpose, as we all perfectly 
 understand, of hereafter demanding the establishment of a separate Executive 
 Department devoted to labor alone, is in effect for this Congress officially to declare 
 that the alleged conflict between capital and labor is not only inevitable, but 
 irreconcilable, and that the best the statesmanship of the future can hope to do is 
 to give these two classes a fair field and no favors and let them fight it out. 
 
 I can not sul)scribe to that sentiment. 1 believe that the interests of commerce and 
 lalxir are nmtual and not antagonistic, and I shall support this bill becaui^e I believe 
 it will do more than any measure that lias yet come from this House to demonstrate 
 this mutuality of interests, and in that way help to hasten the good day which, how- 
 ever long it may be delayed, we all hope is coming, when strikes and lockouts and 
 boycotts as weapons of industrial and commercial warfare will be as obsolete as the 
 crossbow and the catapult are as weapons of physical warfare. [Applause.] 
 
 3lr. Hephckx. ^Ir. Chairman, I now ask unanimous consent that general debate 
 be closed in twenty-five minutes. 
 
 ^Ir. RiciiAKDsox, of Alabama. That is agreeable. 
 
 The Chair.max. The gentleman from Iowa asks unanimous consent that general 
 debate be closed in twenty-five minutes. Is there objection? 
 
 There was no objection. 
 
 3Ir. HEi'HrHX. 3Ir. Chairman, so far as I have been able to deserve, the opposition 
 to this measure is not to the l)ill in its entirety, but to a single section or ])aragraph 
 of the bill. I think that the greater number of gentlemen upon that side of the 
 House are quite content that this Department of Commerce should be created, but 
 they are unwilling that the present Department of Labor should be included in that 
 Department. That opposition to my mind is based upon two erroneous propositions: 
 First, that there is antagonism bet.weeu the interests of labor and the interests 
 of emi)loyers that we here as a part of the lawmaking power of the United States 
 ought to recognize. 
 
 Gentlemen, 1 believe that that is a fallacy. I do not believe that the Government 
 of the Unitefl States slunild recognize in any offici^ way antagonism or warfare be- 
 tween those twogreat interests, those twogreat classes in the United States. [Appliiuse.] 
 The interests of labor and the interests of that capital which employs labor must be 
 identical. They are identical. Their interests must move side by side; they must 
 be joined hand in hand if this Government of ours is to be all that we hope it may. 
 
 (ientlemen, assume that the officer called upon to preside over this great Depart- 
 ment would be hostile to the interests of labor. Why do you assume that? What 
 right have you from experience or observation to make statements of that kind? 
 To-day we have an anomalous sort of organization called the Department of Labor, 
 for whatever it is worth; not so much as it should be, not so much as it will l)e if 
 this union is effected. It has been presided over by one man, and with all the 
 changes of politics in the administration of national affairs no change has been made 
 in the head of that Department. 
 
 Democrats and Republicans alike have retained the same officer. He meets all 
 the requirements, I am told, of the labor organizations. They are content that he 
 should remain there. The capitalist is content that he should remain there. Tiie 
 laborers are content, the employers are content. Ma\'^ we n(jt learn something from 
 that experience as to what will prol)ably be the result if this Department is created? 
 This is to be the Department of Conmierce and Labor. You gentlemen seem to feel 
 it necessary that you should, in speaking that sentence, always emphasize commerce. 
 It is as nmch the Department of Labor as it is of Connuerce. A gentleman says, 
 " Why, lalxjr is referred to only in the most casual way." 
 
 27628— Oi 37 
 
578 LEGISLATIVE HISTORY 
 
 I am glad to know that that gentleman is from Texas. I understand that if he 
 had read the law, first creating'the Bureau of Labor and then the Department of 
 Labor, he would have learned that there was much in the statutes upon that subject, 
 and that whatever there was is continued, and whatever powers are lodged in that 
 Bureau first, and that Department finally, are to be lodged in it still. The only dif- 
 ference's that there will be one other man, one superior, whose genius, whose tal- 
 ents, whose patriotism will augment the qualities possessed by the gentleman who 
 now presides over the Department of Lal)or. 
 
 You take nothing from the Department of Labor; you add to the Department of 
 Labor by another with more power, with more infiuence, and probably with qualities 
 that will enable some additions of usefulness to be made. This proposition is not in 
 derogation of lalwr. It is not subordinating in any sense the Department of Labor. 
 It is adding to, it is augmenting, it is enlarging the scope and the power of this Depart- 
 ment. It places this Department, that now has no voice in the Cabinet, in the coun- 
 cils of the President, as high as the highest. It will have the same place as the 
 interests that cluster around the State Department, or the Interior Department, or 
 the Post-Office Department have. Labor will have its own representative in the 
 Cabinet. 
 
 Mr. Richardson, of Alabama. Will the gentleman from Iowa allow me to inter- 
 rupt him? 
 
 Mr. Hepburn. For a question; yes. 
 
 Mr. Richardson, of Alabama. Is it not a fact that no other civilized government 
 or power of the world has undertaken to organize the department of labor in the lan- 
 guage and with the title that this bill does? 
 
 Mr. Hepburn. Well, I do not know; I am not a linguist. 
 
 Mr. Richardson, of Alabama. Is it not a fact that in many of the great foreign 
 powers a department of commerce exists, single and alone, without mentioning the 
 department of laljor? 
 
 Mr. Hepburn. That may be. This is an improvement upon. the effete nations on 
 the other side of the Atlantic. 
 
 Mr. Richardson, of Alabama. Then why should this Government depart from the 
 experience of the world on that subject and create a department that will be differ- 
 ent from any other that ever has been created, touching the interests of lal)or? 
 
 Mr. Hepburn. Mr. Chairman, the i^eople of this country have on many occasions 
 taken the liberty of passing beyond the precedents that had been established on the 
 other side of the Atlantic, l think our fathers did it when they established this 
 Government. 
 
 [Applause on the Republican side.] 
 Mr. Adamson. Will the gentleman allow a question? 
 Mr. Hepburn. Certainly. 
 
 Mr. Adamson. Do you know anything in this bill or any reason elsewhere that 
 would prevent the President, if so disposed, from designating as the Secretary of this 
 new Department a man friendly to labor? 
 
 Mr. Hepburn. Why, surely there is nothing in it that would prevent him from 
 doing that, and there is no inclination, probably existing anywhere that would deter 
 the President of the United States from appointing a man to this oftit-e who would 
 be entirely acceptable to all the labor interests of the United States. The President 
 of the United States, no matter who he may be, will be large enough to know what 
 the labor interests of the United States are lo our past, to our present, to our future. 
 He will be large enough to know that these men of whom we speak sometimes as 
 the labor interests are the creators of our wealth; that they are the bulwark of our 
 nation; that they are the men who make progress possible. The President of the 
 United States will know that it is as much his duty, his pleasure, as it is that of every 
 other citizen of the United States, to augment, to honor, to promote, to dignify labor. 
 We have long passed, and so has the man who will be President of the United 
 States long passed, that age or peiiod when mcu look upon labor as a liadge of deg- 
 radation, as a mark that was jnit upi m one to show the wrath of God. Ah, no! We 
 recognize, all of us, the fact that it is labor that creates the state, that it i-s labor that 
 does all in the great race of progress and in the promotion of the civilization that we 
 enjoy and of which we are so proud. 
 
 Gentlemen, how can you, Avith the ideas of the American, constantly prate as you 
 do upon the differences and distinctions between labor and capital, giving in all 
 instances to labor the inferior place and the place with the least of power? There is 
 no logic, there is no patriotism, there is no Americanism in a i)roposition of that 
 kind. [Loud api>lause.] La))or stands lirst among all true Americans; and so we 
 propose to ])lace it here. AVe are going to augment, to add to, if it is possible, the 
 dignity of labor by giving it a Department. 
 
LEGISLATIVE HISTORY. 579 
 
 ]\Ir. Fitz(;kk.\i.1). Will the p'utU'nian ])i'rniit ;i (lucstion? 
 
 Mr. llEi'urKX. Yes; I will yirld for a (jiu'stioii. 
 
 Mr. FiTzciKK.M.i). I wish to ask the fieiitlcman if there was any proposition In-fore 
 his coiiimittee whieh, if these I)ei)artineiits had heen separate, ■\vonl<l have heeu 
 coiHpelled — (lie I'resident — to appoint any different characti'r of man as the head of 
 the J.al)or Dei>artnient than he would as tiie head of the l)i-partnient of Coninierce? 
 
 ^Ir. llEriuiKN. I do iu)t think there was. I think that the committee reeo,i;nized 
 tlie faet that the President of the United States ehooses the heads .of departments for 
 their fitnes.* — for their eapaeity to attend to the details of their business and as liis 
 eonstitutional advi.sers. 
 
 ]\Ir. FiTzciKKAiJ). The point I wantt'(l to l)riii<r out Mas: Would not the objeetion 
 that the head of the I)eiiartment of Commeree and Lal)or would be hostile to labor 
 ai)ply to the hi'ad of tlie Department of Labor? 
 
 ^Ir. llEi'HrnN. Why, I think so. If there is a fear that the President mi<rlit make 
 an ap{)ointment liostile to the interests of lal)or under the i)rovisions of this bill, 
 might not Ave fear, and ought not the fear to obtain, that if there had been a sepa- 
 rate department he would yield to the same influences and bend to the same hostile 
 views on labor? 
 
 I\Ir. Chairman, considerable discussion has ])een liad with reference to the i)rovi- 
 sion of the l)ill creating a Bureau of Insurance. Learned gentlemen have dismissed 
 the constitutional power of this body to l(>gislate upon tins sul)ject. I do not care 
 to enter upon that discussion. I will simjdy hazard this humble opinion: That 
 whenever the (piestiou is brought before the Supreme Court of the Cnited States on 
 a (juestion upon an insurance policy — a marine insurance policy, covering merchan- 
 dise that is a part of interstate connnerce — the Supreme Court, in my judgment, then 
 will hold that it is commerce, that it is interstate commerce, and that the Congress 
 of tlie United States have the power to legislate in regard to it. 
 
 Why, gentlemen may talk about this particular interest not constituting commerce. 
 Maybe in some phases it does not; l>ut I want to remind you, Mr. Chairman, of this 
 fact: 01)literate the insurance of the United States and you obliterate largely the 
 commerce of the United States. I undertake to say that it would languish wonder- 
 fully if you destroy insurance. Who would venture, Avho would send his cargoes 
 and liis vessels ui)on the high seas, suliject to the storms and the vicissitudes of ocean 
 travel, save for the consolations of his insurance policy? Who would engage in 
 interstate commerce among the States if it were not for the possibilities of insurance? 
 ^Vho would engage in the various businesses that make commerce possible if it were 
 not for insurance! 
 
 Insurance of three kind.s interests every citizen, almost, in the L^nited States. It 
 is an interest colossal. Think of it! There are three insurance companies in the United 
 States that in the aggregate of their assets are worth more than a billion of dollars. 
 Think of the multitude of men, women, and children whose interests are bound up 
 in that colossal interest! This body .which we propose to create here is simply one 
 of publicity, of inquiry, to find out the facts, to publish those facts to the world, to 
 put the innocent upon their guard. Here in my hand I hold a list of more than 150 
 bogus insurance companies doing business in the various States of the Union. It is 
 n<jt the duty of any State, of anybody, to search, to incjuire, to ascertain with regard 
 to the status of these companies. No one takes the trouble ui)on themselves. There 
 is no pul)licity that is reliable, and hence, in my judgment, infinite good will come 
 from this i)rovision in tliis law. 
 
 S(jmel)ody will inquire, somebody will find out, it will be the duty of somebody 
 to place in the public journals, or in the public reports, the character of these un- 
 worthy candidates for public favor, who, day by day and year bv year, are fleecing 
 the i)ul)lic out of thousands and tens of thousands of dollars for insurance that is not 
 worth the pai)er upon which it is written. 
 
 Mr. Chairman, it is exceedingly difficult, as any gentleman will see who has given 
 any attention to the subject, to prepare a bill of this character, to determine just 
 what bureaus and divisions of the Government shall bo placed within it. Some that 
 would strike one gentleman as a proper subject of transfer to tliis Department, upon 
 a little further investigation would be found was so comiected, was so interwoven in 
 their duties with another department, that the change from one to the other would 
 be a dislocation of the public Imsiness that Mould be harmful in the extreme. Then, 
 again, there are certain interests in the dei)artments, )H'rhai)s; men had their attach- 
 ments, they were located in one jtarticular place, they had l)een accustomed for a 
 long time to doing business right there, and streiuious efforts were made, as my col- 
 leagues Mill l>ear me out in saying, to prevent these changes that many of us thought 
 ought to be made. 
 
580 LEGISLATIVE HISTORY 
 
 We have done the best we could. We do not assume that the bill is perfect, but 
 it is the groundwork, the basis, and there is within it a provision giving to the Presi- 
 dent of the United States ample authority for the transfer of a division or a bureau 
 that will in the course of time make it what it ought to be. I confess that it does 
 not exactly suit me; I do not think it exactly suited any member of the com- 
 mittee, but it is the best we could do, and while gentlemen have said "Who asks for 
 this?" it M'as not, I am glad to say, a member of the committee who made that 
 inquiry, for meml)ers of the committee know that from one end of the land to the 
 other there were demands by letter, by memorial, l)y petition, by the personel pres- 
 ence of eminent men from all over this country, for the creation of this Dei)artment. 
 
 Mr. WooTEN. May I ask the gentleman a question? 
 
 Mr. Hepburn. Certainly. 
 
 Mr. WooTEN. What objection lias the gentleman to an independent Department 
 of Labor. Would the gentleman favor it? 
 
 Mr. Hepburn. I would not. 
 
 Mr. WooTEN. Why not? 
 
 Mr. Hepburn. At this time it is not necessary. I would not do it certainly if I 
 believed as the gentleman from Texas does. His idea, as I understand it, and the 
 reason why he wants an independent Department of Labor, is because there are 
 antagonisms, there is hatred, there is wrath, between him who would be the head 
 of the Department of Commerce and him who will be at the head of the Depart- 
 ment of Labor. As I understand it, Mr. Chairman, we do not want to introduce 
 quarrels, contests, and fights into the councils of the Chief Executive. Of all places, 
 there we want peace. 
 
 Mr. Wooten. The gentleman does not state my position. 1 have not said that 
 there was any hatred; 1 said there was antagonism and diversity of interests. I 
 ask the gentleman if he thinks there has not been antagonism in this country 
 between capital and labor? 
 
 Mr. Hepburn. I l)elieve on the part of ignorant men there is a feeling that the 
 gentleman speaks of. [Laughter.] I do not want to be offensive to the gentleman, 
 but I do mean to say — 
 
 Mr. Wooten. Does the gentleman mean l)y " ignorant men" the laljoring men of 
 this country? 
 
 Mr. Hepburn. No; I do not mean the laboring men; I mean the inferior class of 
 laboring men of this country. I have never talked with an intelligent laboring man 
 in my life who has not been ready to say that there was no real antagonism between 
 lal)or and capital. [Applause.] That is the opinion of the intelligent laboring men 
 of the land. It is only where ignorant men have their passions played upon by dema- 
 gogues that this feeling of hatred exists. [Applause on the Republican side.] 
 
 Mr. Wooten. Will the gentleman permit another question? 
 
 Mr. Hepburn. The gentleman can see that I have only a minute. Yes; I will 
 yield. 
 
 jMr. Wooten. The gentleman speaks of the inferior class of laboring men. Will 
 he define what he means by " inferior class? " 
 
 JMr. Hepburn. 1 do not hesitate to answer that. I mean the sort of creatures that 
 year by year we are allowing to come into the country from the south and east of 
 Europe. That is what 1 mean. 
 
 Mr. Wooten. Why don't you shut them out? 
 
 Mr. Hepburn. I would if 1 could have my way, but I have found whenever a 
 contest was made every Democrat voted against it. [Applause on the Republican 
 side.] It we could abolish the Democratic party, we could abolish this evil. [Ap- 
 plause and laughter on the Republican side.] 
 
 Now, Mr. Chairman, I ask that the reading of the bill be commenced. 
 
 The clerk read the first section of the bill as follows: 
 
 Be il enacted, etc.. That there shall be at tlio seat of sovernment an executive department to be 
 linown as the Department of Commerce and Labor, and a Secretary of Commerce and Labor, who 
 stiall be the head thereof, who shall be appointed by the PresidetU, by and with the advice and con- 
 sent of the Senate, who shall receive a salary of ^8,000 per annum, and whose term and tenure of 
 oflice shall be like that of the heads of the other Executive Departments. 
 
 Mr. Hepburn. I move that the committee now rise. 
 
 The motion was agreed to. 
 
 The committee accordingly rose; and the Speaker having resumed the chair, Mr. 
 Gillett, of JNIassachusetts, reported that the Committee of the Whole on the state of 
 the Union, having had under consideration the bill (S. 569) to establish the Depart- 
 ment of Commerce and Labor, had come to no resolution thereon. 
 
LEGISLATIVE HISTORY 581 
 
 flamiaiy IT, 1903, dcl)ate was rosuincd in tho PIousc: 
 
 Mr. llKriUHX. Mr. SiK^akiT, I dosirt' to call up tho special order. 
 
 The Si'KAKKK. The <j;t'iitleiuau from Iowa I'alls for the reiruhir order, which is Sen- 
 ate hill 5(>i). The Chair i.s of the opinion that the l)etter and safer form is to move 
 that the House resolve itself into C'ommittee of tiie Whole. 
 
 Mv. IIici'iuKX. Mr. Speaker, I move that the ] louse do now re.solve itself into Com- 
 mittee of the Whole House on the Stute of the Union for the furtlier (-onsideration of 
 the liill S. 509. 
 
 Tlie motion was agreed to. 
 
 Accordingly, the House resolved itself into Committee of the Whcjle House on the 
 state of the t'nion for the further consideration of the hill (S. 5()9) to establish a 
 Department of Connnerce and l.a])or, with JNIr. Hull in the chair. 
 
 Mr. Hki'hukx. Mr. Chairman, the lirst paragraph of this hill was read and then an 
 adjournment took place, cutting off the gentleman from Alabama [Mr. Kichardson] 
 from offering an amendment which he i)roposcd. I ask unanimous consent to return 
 to that paragra]>h, in order that the gentleman may offer that amendment. 
 
 The Chaikmax. The gentleman from Iowa asks unanimous consent that tho com- 
 mittee return to the first paragraph of the bill. Is there objection? 
 
 Tliere was no objection. 
 
 Mr. Richardson, of Alabama. jNIr. Chairman, I move to strike out the words "and 
 labor." 
 
 Mr. Hkpburx. INIr. Chairman, if the gentleman from vVlabama Avill allow me, I 
 nnilerstand that the finst paragraph that was read was of the Senate l>ill, which our 
 connidttee have reconnnonded to be stricken out. Now, I ask unanimous consent 
 that the reading of the Senate bill 1)0 dispensed with, and that the reading of the 
 amendment proposed by the House committee be taken up. 
 
 The Cmaik.max. The gentleman from Iowa asks unanimous consent that the read- 
 ing of the Senate l>ill under the live-minute rule be dispensed with and that the 
 reading of the House amendment be taken up in lieu thereof. Is tlieir objection? 
 
 There was no objection. 
 
 yiv. Hepburx. Now if the Clerk will read, then the gentleman can offer his 
 amendment. 
 
 The Clerk read as follows: 
 
 That there shall be at the seat of government an executive department to be known as the Depart- 
 ment of Commerce and Labor, and a Secretary of Commerce and Labor, who shall be the head thereof, 
 who shall be appointed by tlie President, by and with the advice and consent of the Senate, who 
 shall receive a salary of SH.OOO per annum, and whose term and tenure of office shall be like that of 
 tho heads of the other Executive Departments; and section 158 of the Revised Statutes is hereby 
 amended to inchide such Department, and the provisions of Title IV of the Revised Statutes, includ- 
 ing all amendments thereto, are hereby made applicable to said Department. 
 
 ISh: Richardsox, of Alabama. ]\Ir. Chairman, I move to strike out the words "and 
 labor" where they occur in lines 20 aiid 21, in the section of the bill just read. 
 
 The Ciiairmax. The gentleman from Alabama moves to strike out the word "and," 
 in line 20, and the word "labor," at the beginning of line 21. 
 
 Mr. Richardsox, of Alabama. Mr. Chairman, I shall detain the committee but a 
 very few minutes in the remarks that I propose to make on this subject. I believe 
 that this amendment is tho gist, at least, of the ol)jection of a great many gentlemen 
 on this side to this l)ill, and I also believe that a great many gentlemen on the other 
 side of this Chamber coincide with me and those that I think that I represent upon 
 this motion. 
 
 The ol)jection, ]\Ir. Chairman, that I myself have to this creation of a new Depart- 
 ment of Commerce and Labor is the inclusion of the Department of Labor in this 
 new Department of Commerce and Labor. As 1 have said before, I do not believe 
 that it is in tho interest either of labor or of commerce to include the independent 
 Department of Labor in this new Department proposed, with a Secretary in the 
 Calnnot of the I'resident. I do not hesitate to say that I am not individually opposed 
 to the e.«tablishment of a proper Department of Commerce, if the Department of 
 Labor is not included; but, as I said just now, I do ncjt think it is necessary or to the 
 interest of la])or or to the advancement of the commercial interests of our country to 
 transfer the independent Department of Lal)or as it is now organinzed and operated 
 and the good that has been accomplished by it, and submerge it and overshadow it 
 as I believe conscientiously it will l)e when placed in the Department of Connnerce 
 and Labor. 
 
 Now, I have been somewhat surprised, ]\Ir. Chairman, at the contention that has 
 been made In' gentlemen on the other side of the Chaml>er, particularly, contending 
 that labor should be transferred to this new department, and notably surprised at 
 the remarks made by the distinguished chairman of the Interstate" and Foreign 
 
582 LEGISLATIVE HISTORY 
 
 Commerce Committee, the gentleman from Iowa [Mr. Hepburn], wlio with extra- 
 ordinary earnestness and zeal, and with liis usual alnlity, contends that any action 
 on the part of Congress of this character, leaving the Department of J>al)<)r out of 
 the Departnu'ut of Conmierce, will be on the part of the law a recognition of an 
 antagonism arid a warfare between the interests of capital and labor. Mr. Chair- 
 man, I do not believe that legislation of that kind will have that effect at all. This 
 was not the effect of the act of Congress creating the present independent Depart- 
 ment of Labor. The bill recently passed to take tariff off coal did not recognize 
 antagonism or warfare. 
 
 I believe, as I think every gentleman believes on this floor, that labor and capital 
 should always go hand in hand with each other, and that the very best and most 
 .cordial relations sliould be maintained between those two great conflicting interests 
 as near as can practically be done; and I Ijelieve that any legislation upon the part 
 of the Congress of the United States that tends to prevent any friction in the future 
 l)etween tiie great interests of labor and capital should be accepted by Congress and 
 will be accepted by the country as a harl)inger of peace instead of a recognition of 
 warfare and antagonism. We may say what we please; we may contend on this 
 floor in the most earnest and emphatic terms that the English language affords tliat 
 tlie law ought not to recognize any antagonism or conflict between capital and labor. 
 That does not make it so. We confront a condition and not an impractical>le theory. 
 1 believe, i\Ir. Chairman 
 
 Mr. TnAYER. ]\lr. Chairman 
 
 The Chairman. Does the gentleman yield to the gentleman from IMassachusetts? 
 
 Mr. Richardson, of Alabama. Not for the present. 
 
 1 believe, Mr. Chairman, that labor and capital will go hand in hand on peaceful 
 terms as long as the process of production is going on. But wlienever you come to 
 the point of coming to a division of the products of labor there you will find one man 
 seated on one side of the table who is seeking, according to the laws of nature, to 
 appropriate to himself the greatest benefits from his labor; you will find the other 
 men seated on the other side of that table, the capitalist, who is seeking to appropri- 
 ate to himself the largest benefit from furnishing the money to labor to create these 
 products. Hence 1 say that the principle of self-interest has been planted in all 
 these things in the bosom of man. Self-interest is the first law of nature. Why, 
 then, chase these shadows and rainbows about the law not recognizing the natural 
 conflicts between the interests of labor and capital. 
 
 [Here the hammer fell.] 
 
 Mr. Shackleford. ^Ir. Chairman, I do not care to say much more in addition to 
 what I have already said; but we have heard the maxim from our youth that "Labor 
 dignifies all things." Now, I appeal to my colleagues on this side of the House, at 
 least, let us dignify labor by heeding its demands. Labor has said in unmistakable 
 terms that it does not want to be incorporated into this Department. Let us now 
 see that labor gets just what it needs, and let us regard the views of la1)or and not 
 thrust it into a Department where it has said it does not want to go. I appeal to 
 everybody who is interested in this question at this time to adopt the amendment 
 proposed by the gentleman from Alabama, and say to the laboring people of this 
 country that the Congress of the United States is willing to consider their interests 
 and wishes in the enactment of law. 
 
 Mr. Mann. ]\Ir. Chairman, there is no proposition before the House for the creation 
 of a department of labor with a secretary in the Cabinet at this time. The projio- 
 sition before the House is whether the Labor Department of the Government shall 
 be advanced one step higher up. The gentlemen on the other side of the House are 
 refusing to give the attention to labor which it deserves and are claiming that they 
 are the friends of labor and at the same time seek to strike down this effort to raise 
 uj) labor. 
 
 The truth of the matter is, Mr. Chairman, that the Department of Labor as now 
 organized is a statistical department. It is engaged in gathering and distributing 
 statistics in regard to labor. The conditions in that office are well set forth by the 
 Commissioner of Labor himself. All of the gentlemen friendly to lal)or in the coun- 
 try, friendly to the organized labor, and particularly those affiliated with the Ameri- 
 can Federation of Labor, express the highest degree of satisfaction with Carroll D. 
 Wright, the present Commissioner of Labor, and with the manner in whi(;h he con- 
 ducts that oflice. :\Ir. Wright has stated, and his statement is in the hearings of our 
 committee: 
 
 The Department can determine many things bv the statistical method, and it must work emphat- 
 ically on that method. It Is often said that it should undertalie the agitation of certain features of 
 reform; in other words, that it should become the instrument of propagandism. But when this 
 
LEGISLATIVE HISTORY 583 
 
 proposition is iiiiido Iho question sliould be aslced, Whoso ideas of reform slioulil be ndoplcd, of what 
 propositions should it beeoino the iiropiiuandisl, nnd to wlint extent should it iirfjuo for or iigiiinst 
 tlie pliitfornis of tliis or tliat )>iuty or ori,'iini/iUion? It seems to nie that nil men who eoniprehend 
 the value of aeeurale kno\vled>,'e nni-.| see at ome that for I he Department to enter upon sueh aeourse 
 would result in its immediate aliolilion: that should it become the advocate of any theory, it would 
 thereby beeoine i>artisiin in its work and thus destroy it.s own uUicieney. 
 
 Tho^e are the words of the present Commissioner of Labor, with whom laborers 
 are perfectly satisfied. They are jn-rfectly satisfied not only with his words, but with 
 his work. He says the duties td" tiie Di'partinent of Labor arc statistical. What do 
 v.e propose to do? We are orjraniziiij; a great statistit'al branch of the Government. 
 Tlie Commissioner of Labor has statt'd repeatedly that he is unable to furnish as 
 much statistical information as he will be able to if we give hini greater facilities at 
 his command. We will give the Commissioner of Labor the facilitiesof all statistical 
 branches of the (iovernment. We will give him the use of the Census Oflice. We 
 will give him the use of the Bureau of Statistics. We will give him the use of all 
 tlie statisticalinformation which the (iovcrnment collects, and he can prepare his 
 reports as freely and as independently then as he can now. 
 
 The CuAiiiMAX. The time of tlic gentleman from Illinois has expired. 
 
 ^Ir. ^Lvxx. Mr. Chairman, I ask for live minutes more. 
 
 The CiiAiKMAX. The gentleman from Illinois asks that his time be extended for 
 five minutes. Is there objection? [After a pause.] The Chair hears none. 
 
 Mr. jNIaxx. The original opposition to the proposition was presented through a 
 mi.><apprehension of tlie facts. Some of the gentlemen who appeared before our 
 committee, repre.senting in part the American Federation of Labor, a great and 
 jjowerful labor organization, stated that they bfised their opposition upon the 
 proposition that the Commissioner of Labor would become a mere clerk of the Sec- 
 retary of Commerce and Labor. 
 
 But, Mr. Chairman, the Commissioner of Labor will remain as independent, if 
 he is included in tiiis Department, as he now is. He will still be appointed by the 
 President and confirmed by the Senate in the same manner in which he is now 
 ap]>ointed. His duties will still be defined by the same law that is now upon the 
 statute books. We take nothing away from his power; we confer additional respon- 
 sibilities and power upon him, because we give him additional facilities. And 
 since, ]Mr. Chairman, this has been made plain to the leaders of organized labor, 
 they are not asking that the Department of Labor be taken out of this bill. I deny 
 that organized labor desires to have the Department of Labor stricken out of this 
 bill. They are content with the liill as it now stands. 
 
 The gentlemen on the other side of the aisle are simply seeking to agitate labor 
 for the purpose of gaining the possibility of votes in the future, knowing that labor 
 itself is satisfied with the report of the committee and with the bill before the House. 
 
 Mr. Chairman, I sent a copy of the bill presented to the House with the report of 
 the committee, giving the reasons for including the Department of Labor in this new 
 Department, to the Federation of Labor at Chicago, one of the principal constituent 
 com{)anies of the American Federation of Labor, and asked for their opinion on the 
 subject. 
 
 I have this morning a letter from the Chicago Federation of Labor, affiliated with 
 the American Federation of I>abor, and one of the chief labor organizations in the 
 country, in whicii they express the hope that the effort to pass this bill will prove 
 successful. They know that the Kepublican party has never stricken — as gentlemen 
 on the other side would indicate — have never endeavored to strike down the interests 
 of labor. If Ave had before us a proposition to organize a Department of Labor, the 
 (juestioii might be different. But here is a i>roposition to place labor alongside with 
 commerce, upon e<inal terms, U]3on an equal footing, with the same chance and pre- 
 ferment in the new I )ei)artment of the Government, the third department of Govern- 
 ment created in more than a hundred years. 
 
 Mr. RiciiARDSox, of Alabama. Will the gentleman allow me to interrupt him a 
 moment? 
 
 Mr. Maxx. Certainly. 
 
 Mr. BicHARnsoN, of Alabama. The gentleman will recollect, as a member of the 
 committee, tnat tlie statement of 'Sir. Theodore C. Search, the president of the Manu- 
 facturing A.ssociation of the United States, was accepted by the committee as one of 
 the most important statements outlining the functions and jirovince of this new 
 Deiiartment. Now, I ask tlie gentleman fn mi Illinois whether he does not concur 
 with Mr. Search in saying ttiat this which I am about to read states the principal 
 fmiction of the Department that we are asking now to have created? Mr. Search 
 says — 
 
 It should bo the function of such a department as is proposed in the pending bill to assist in every 
 leasible way in the extension of the export trade of our manufactures. 
 
584 LEGISLATIVE HISTORY 
 
 Now, I ask the gentleman whethei' that is not the scope and purpose and principal 
 object and function of this new Department of Commerce, and wherein and how 
 does the Labor Department become interested in that matter, when Mr. Search has 
 stated that the principal function of this new Department is to promote our export 
 trade? Why not, as the gentleman says, let the Department of Labor 
 
 The Chairman. The time of the gentleman from Illinois [Mr. Mann] has expired. 
 
 Mr. Shackleford and Mr. Richardson, of Alabama, asked that the time of Mr. 
 Mann be extended for five minutes. 
 
 There was no objection. 
 
 Mr. Richardson, of Alabama. Let me complete my question. If the gentleman 
 says that the Department of Labor is simply one of statistics, and if it has accom- 
 plished great good in the past, why does he, in opposition to the interests of labor 
 and the laboring classes in all parts of the country, desire to take it from the field 
 where it has been accomplishing good and put it in a department of at least doubtful 
 efficiency in this connection? 
 
 Mr. Mann. Mr. Chairman, in the first place, Ave do not projiose to jilace it in a 
 field where its power or efficiency will be doubtful. We give to it additional facilities 
 by placing it in this Department. It has done much good undoubtedly, but I will 
 say that, in my o])inion, there is not one meml)er in twenty-five, possibly not one in 
 fifty, on the floor of this House who lias read the report of the Commissioner of Labor 
 for last year. It would be far better for labor if the reports of the Commissioner of 
 Labor were brought home to the House through the report of a secretary of a depart- 
 ment, and i)ossibly through the President's message. Sometimes legislation is sug- 
 gested in the report of the Commissioner of Labor, but with the many duties which 
 the members of this House have to perform they cIo not see his report. 
 
 Mr. Shackleford. Will the gentleman yield for a suggestion? 
 
 Mr. Mann. I should be glad to do so, but I have not yet answered the question of 
 the gentleman from Alabama. Still, I yield to the gentleman. 
 
 Mr. Shackleford. The gentleman has assumed that the Secretary of this new 
 Department would bring before the House what the Labor Bureau might report. 
 But suppose that the Secretary should not be pleased with what the Chief of the 
 Bureau had reported, would he return it to the House, with the possil)ility that there 
 might be brought up here indiscussion views and arguments which he did not approve? 
 
 Mr. Mann. If the head of one of the gi'eat departments of the Government should 
 refuse to call attention to the suggestions of one of the divisions or bureaus under 
 him, it would elicit more information on the floor of the House than if he did call atten- 
 tion to it, because it would be a gross abuse of the power lodged in the Secretary. 
 
 Mr. Morris. Would not that very fact tend to call the attention of the public to 
 the matter, leading men to study the question more closely than they would have 
 done otherwise? 
 
 Mr. Mann. The gentleman from Minnesota [Mr. Morris] has reached the kernel 
 in the shell. If the Secretary of Comnierce and Labor should be so opposed to organ- 
 ized labor or labor interests that he would refuse to present in his annual report sug- 
 gestions made by the Commissioner of Labor, either with or without approval, it 
 would be such an abuse that it would jiroduce a revolution practically in a.dministra- 
 tive affairs, and the attention of the public and of all members of .Congress would 
 necessarily be called to the situation. 
 
 Now, the gentleman from Alabama [Mr. Richardson] has asked whether I do 
 not think that the statement of INIr. Search represents the scope of this Department. 
 I do not think so at all. I do not think that any gentleman who appeared before 
 the committee and stated his particular or peculiar views concerning the duties of 
 this Department has begun to outline the scope of its Avork. 
 
 I do not see how this Department shall be devoted particularly to the export trade. 
 The duties of this Department, as defined in this bill, will be, first, to gather infor- 
 mation for the benefit of the whole country and its people. That information may 
 relate to manufactures; it may relate to foreign commerce; it may relate to labor. 
 This will not be a partisan Department. It will be a department of information; 
 and I hope, IVIr. Chairman, that included in that department of information, as one 
 of its principal divisions, will be the Department organized to aid the jjrogress of 
 labor and work in the interest of labor — the j^resent Department of Labor. 
 
 Mr. Palmer. Will the gentleman allow me one question before he sits down? 
 
 Mr. Mann. Very gladly, if I have time. 
 
 Mr. Palmer.. You will get the time. You say that the labor organizations want 
 this bill passed, and the gentleman from Alabama [Mr. Richardson] says they do 
 not. Now, on what evidence does the gentleman from Illinois [Mr. Mann] base 
 bis statement? I hope he will be allowed time to answer that question. 
 
LEGISLATIVE IIIRTOIIY 585 
 
 Tho CiiAiKMAN. If Ihcrt" is no olijcction, the .ij:entltMiian ^\■ill proccril foi- one 
 niiiuitr. 
 
 Mr. Tawnky. Mr. Cliairnum, I ask unaniiiKnis consoiit that, tlio ^'eiitlcmaii may 
 l>r()ct'0(l for iive niiiinti's luori'. It is an important part of thi.s discus.sion. 
 
 Mr. Mann. I think thatont' minute will ln' suliicii-nt. 
 
 The C'liAiHMAN. The jicntleman from Minnesota asks unanimous consent tiiat the 
 ^i'ntlemau from Jlliuois may jn'oct-ed for i'wv minutes. Is there objection? 
 
 There was no ol)jection. 
 
 Mr. ]\Iann. Mr. Chairman, 1 stated that I sent to the Chicafjo Federation of J>a))or, 
 which I believe is the largest organization of labor in the country adiliated with the 
 American Federation of l^abor, a copy of the bill as reported to the House and a 
 copy of the rej^ort of the connnittee giving the reasons why the Department of Labor 
 should be included in the Department of C'onuuerceand Lal)or, and I have this morn- 
 ing a reply in the shape of a letter from the ("hicago Federation of Labor, stating 
 that they have received the bill and rejMirt, that they appreciate the favor of send- 
 ing them to them, and liope that the efforts to j)ass the l)ill will i)rove successful. 
 I know of no l)ettiM- instance that can be given of the actual feeling of labor than 
 a letter of this sort from iirol»al)ly the greatest ))ody of organized labor in the country. 
 
 Mr. Tawnkv. Before taking his seat, will the gentleman permit me to ask him 
 a (juestion, which I desire to ask in view of the statement of the gentleman from 
 Alabama [Mr. Kichardson] in regard to the statement of Mr. Search I)efore your 
 committee? Is it not a fact that an intimate knowledge of the labor situation and 
 condition of labor is a verj* e.ssential element in the matter of promoting our export 
 trade, and is that not a reason why the Department of Commerce should have con- 
 trol of that situation? 
 
 Mr. ^Ia.n.v. Mr. Chairman, of course, as the gentleman from Minnesota suggests, 
 evi'ryone knows that all commerce, all manufacturing, all business depends for its 
 foundation ujion labor, and that you can not promote or injure one without promo- 
 ting or injuring the other. [Applause on the Republican side.] 
 
 ^Ir. .Si'AUKMAX. Mr. Chairman, I rise for the ])urpose of exi)ressing my approval 
 of the amendment just offered by the gentleman from Alabama [Jlr. Richardson], 
 and to say that I will vote for that and all other amendments offered for tlie jiurpose 
 (tf striking out all reference to the Department of Labor where those words may 
 appear in the bill. 
 
 1 wish to say, however, at the outset, that I am not o])po.sed to the establishment 
 of a Department of Commerce. On the contrary, I think that the time has come in 
 our connnercial growth and development when such a Department is desirable 
 if not imperatively demanded. But I do not think it wise to inco]'porate the 
 Department of Labor with a Department of Connnerce, as is sought to be done 
 in this bill. I do not believe that the two great industrial forces of labor and capital 
 are so closely allied as to make it advisable to connnit their, in some respects, divers 
 interests to one and the same departmental head. 
 
 I know it is sometimes said — indeed it was said by the gentleman from Iowa, who 
 has charge of this bill — that their interests are, and in the very nature of things must 
 be, identical. To this projHisition I agree in part, but it is only true in a general and 
 limited sense. In the abstract the proposition is sound enough, but in tlie concrete 
 we find it untrue. In matters of detail we see many conflicts arising between these 
 two great forces. This is true also of other interests as well, and is the result of a law, 
 a natural law, as old as humanity itself. The interest of the i)roducer and consumer, 
 of the vender and the purchaser, while in a general sense identical, are nevertheless 
 antagonistic in other respects. The desire of the producer or the vender is to obtain 
 as much as possible for what he sells, while it is within certain limits to the interests 
 of the consumer or purcb.aser to buy as cheaply as possible. 
 
 So, too, with labor and capital, with the employer and employee. In a general 
 way \\ hat benefits the one may and often does help the other. When capital is 
 Iiros|)erous, labor is more apt to be so, too; but all this does not alter the fact that in 
 the daily contact of these two forces many conflicts arise; often growing out'of the 
 natural desire of each to-ol)tain the l)est price for what he has to sell. But whatever 
 the cause, the conflict is ever being waged and will go on until our civilization has 
 reached a higher ]ioint in its upward march than that which it hasever yet attained. 
 
 Why, ^Ir. Chairman, we are constantly reminded of this truth. Witness thestrik.es 
 that are every day occuriing; the great coal strike, for instance, one of the greatest 
 and one of the most disastrous in the history of the country, has just ende(l; and a 
 little more than a year ago one harmful in some respects occurred in my own town — 
 the city of Tampa — which for nearly six months kept in paralyzed condition the busi- 
 ness of that enterprising city of 25,000 jieople. So frequent have these cvmllicts 
 
586 LEGISLATIVE HISTOEY 
 
 become between the.se two great forces in the world's development that one of the 
 serious prol)iems of the age, one with whicli statesmen have to grapple, is to find 
 some way of adjusting the differences between labor and capital, differences which 
 give rise to tliese strikes. 
 
 Souie have advised, and in these views I concur, that a board of arl>itration should 
 be created to consider and decide all questions l)etween labor and cajjital when con- 
 ditions between them have reached that acute stage which threatents a strike. But 
 that is only one of the details. I believe there should be an Executive Department 
 of Labor as well as one of Commerce, and I believe the necessity is as great for the 
 establishment of a Department of Labor as it is for the establishment of that of Com- 
 merce. 
 
 The utterances of the Democratic party in its last national platform speak in no 
 uncertain tones on that sul>ject. They declare unequivocally in favor of the estab- 
 lishment of a Department of Labor. But while I admit the necessity for the estab- 
 lishment of a Department of Commerce, for the reasons above given, and there are 
 others which time will not permit me to mention, I am unalteraljly opposed to the 
 'uniting of the two Departments under one head. 
 
 Labor, Mr. Chairman, is one of the most important of the world's economic 
 forces, and I would not like to give my vote in favor of a measure that would dwarf 
 its dignity, that would minimize the iuiportance of the Department of Labor, as this 
 bill would if it should pass unamended. 
 
 I may add that these are the views of the labor organizations throughout the 
 country, as I gather them from the expressions of representatives of those bodies, as 
 sliown in the reports of the hearings before the Committee on Commerce Avhen tliis 
 bill was under consideration, and if 1 had no other reasons for supporting the 
 amendment that consideration alone would be sufticient, as I should and do attach 
 much weight to the views and wishes of those most intimately concerned in labor 
 legislation, and who, therefore, are suppo.sed to be as well, if not better, able to judge 
 of what will work to their benefit as members upon this floor. I shall, therefore, 
 Mr. Chairman, vote for the amendment. 
 
 Mr. Hepburn. Mr. Chairman, I ask for a vote. 
 
 Mr. WooTEN. Mr. Chairman, I move to strike out the last word. 
 
 The Chairman. That is not in order. The Chair will state that the Committee of 
 the Whole is considering the amendment to the Senate bill. There is one amend- 
 ment j^ending to the amendment, so that no further amendments are in order until 
 this is disposed of. The question is on the amendment to the amendment offered by 
 the gentleman from Alabama. 
 
 The question was taken; and on a division (demanded by Mr. Richardson, of Ala- 
 bama) there were — ayes 52, noes 93. 
 
 Mr. Richardson of Alabama. I ask for tellers, Mr. Chairman. 
 
 Tellers were ordered; and the Chairman appointed Mr. Richardson, of Alabama, and 
 Mr. Hepburn. 
 
 The committee again divided; and the tellers reported — ayes 56, noes 103. 
 
 Accordingly the amendment was rejected. 
 
 Mr. ]\L\NN. I have an amendment to the first section of the committee amendment. 
 
 The Chairman. The gentleman from Illinois offers the following amendment to 
 the first section. 
 
 The Clerk read as follows: 
 
 Amend section 1 by adding at the end thereof the following: 
 
 "Said Secretary shall cause a seal of office to be made for the said Department, of such device as the 
 President shall approve; and judicial notice sliall be taken of the said seal." 
 
 The amendment was agreed to. 
 The Clerk read as follows: 
 
 Sec. 2. That there shall be in said Department an Assistant Secretary of Commerce and Labor, to 
 be appointed by the President, who shall receive a salary of $5,000a year. He .shall perform such duties 
 as shall be prescribed by the Secretary or required by law. There.shall also be one chief clerk and a 
 disbursing clerk and such other clerical assistants as may from time to time be authorized by Congress; 
 and the Auditor for the State and other Departments shall receive all accounts accruing in or rela- 
 tive to the Deiiartment of Commerce and Labor and examine the same, and thereafter certify the 
 balance and transmit the accounts, with the vouchers and certificate, to the Comptroller of the 
 Treasury for his decision thereon. 
 
 Mr. Mann. I offer the following committee amendment. 
 The Clerk read as follows: 
 
 Amend section 2 by striking out of said section all of lines IG, 17, and 18, on page 9, and inserting 
 in place thereof the following: 
 
 " And certity the balances arising thereon to the Secretary of the Treasury in the same manner as 
 tlie balances on similar accounts are certified under existing law." 
 
LEGISLATIVE HISTORY 587 
 
 Mr. ^r.\xN. Mr. Chairman, that is simply to ciiiiforiii 1<> cxistiiivr law. 
 
 Thr aiiKMiihiHMit was airrcetl to. 
 
 INlr. WooTKN. ]\Ir. C'hainium, 1 movi' to strike out tlu' last word, 'i'lio fji'utlenicn 
 on till' otlu'r side of the House, in eudeavorin<; to eseai)e the inevital)le and logical 
 rrsuUs of their projxjsition in this hill, are seek ini^ to iniposi^ upon this side of the 
 House by luisstatenients of the reeord and of the history of matters that have taken 
 place in this House, the responsiliility for attemptiuiz; to exclude labor from this bill. 
 
 The gentleman from Iowa [Mr. llei)l)urn], inclosing the general debate on this 
 bill day before yesterday, ami when there was no opportunity for re])lying to his 
 statements, with a degree of recklessness that even excei'ded his usual habit of unfair- 
 ness in delude, made a statement in regard to the attitude of this side of the Ihnise 
 on the (piestion of immigration as related to labor that is absolutely falsified by the 
 record in the House. 
 
 It will be rememl)ered that in the course of his remarks I asked the (juestion 
 whether he was in favor of an independent Department of Labor, and if not, why not? 
 The colloquy between us occurs on jiage Sol) of the Kecord of Jamiary 15. lie replied 
 that he was not in favor of it, because he did not consider it necessary; that he did 
 not recognize the existence of any antagonism between ca[)ital and labor except, as 
 he stated, among "ignorant men;" and when 1 insisted on what he meant by 
 "ignorant men," he said he meant "the inferior classes of labor," " laborers of the 
 sort that come to this country from the .south and east of Europe;" that they were 
 the cause of all the agitation and antagonism in this country between capital and 
 labor. And when I then asked him the question why he did not shut them out, as 
 that side of the House has had the power to do for these many years, he made the 
 statement to which I now desire to reply, and to which I had no opportunity to 
 reiily at that time, which was as follows: 
 
 Mr. HErBURX. I would if I could have my way; but I have found that whenever a contest was 
 maile. everv Democrat voted against it. If we coiild abolish the Democratic party we could aboli.sh 
 this evil. 
 
 Now, 3Ir. Chairman, as a matter of fact, when the debate on the immigration bill 
 took place in this House last Mav, as may be found by consulting the Record, it was 
 on thi:; side of the House and l)y leading and prominent membens of this side of the 
 House that the chief efforts and the leading speeches were made looking to the restric- 
 tion of innnigi-ation upon an educational Ijasis, and for the ])urpose of securing just 
 what this gentleman says we ought to have — an intelligent class of labor. 
 
 I lind that the gentleman from Alaljama [,Mr. Underwood] made a very able 
 speech, and advocated an amendment imposing an educational qualification upon 
 immigration to this country, in order to exclude this inferior and ignorant class of 
 whom the gentleman from Iowa so contemptuously spoke in his remarks the other 
 day. I lind that the gentleman from ^Missouri [Mr. Bartholdt] was the leading oppo- 
 nent of any such restriction, and was ably aided and abetted bj' other Republicans 
 on that siile of the House! 
 
 I lind that two distinguished Missouri gentlemen [Mr. Cochran and ]\Ir. Clark], 
 both Democrats, made able speeches here at length in favor of a rigid di.scrimination 
 against the ignorant and the lawless and the incompetent classes from the (")1<1 World, 
 and that they were met l>y opi^osition on the other si<le of the House. These pro- 
 ceedings are all rejiorted in the Congressional Record under dates May 21, 22, 29, on 
 pages 57(58, 5S13, 5yS9, and following. 
 
 There was no recorded vote here upon the bill, but I state, as a fact that can be 
 verified by the personal ol)servation of every member of this House, that when the 
 vote was taken upon that immigration bill nearly every member on this side voted 
 in favor of restricted immigration. And I will call attention to another fact. That 
 bill passed this IIou.se. It has now' been in a Ri'publican Senate ever since and lies 
 there unactt-d upon, when, if it was the desire of the Re[)ul)lican party of this country 
 to restrict iiiunigration, as the gentleman from Iowa thinks it ought to be, it could 
 have been rea<lily done. 
 
 The Cn.\iK.M.\x. The time of the gentleman has expired. 
 
 Mr. B.VRTnoi.DT. Will the gentleman yield to me for a question? 
 
 Mr. JoxES of Virginia. I ask unanimous consent that the time of the gentleman 
 from Texas may be extended for ten minutes. 
 
 The CnAiUMAX. The gentleman from Virginia asks unanimous consent that the 
 time of the gentleman from Texas be extended for ten minutes. Is there objection? 
 [.\fter a pause.] The Chair hears none. 
 
 Mr. 15.vKTiioi.nT. I would like to ask the gentleman a (piestion — whether I under- 
 stood him to say that I was opposed to the educational test as a matter of principle? 
 
 Mr. WooTEx. I did not hear the gentleman. 
 
588 LEGISLATIVE HISTORY 
 
 Wr. Bartholdt. I want my friend to say whether I am correct in imderstanding 
 him to claim that I was opposed to the educational test? 
 
 Mr. WooTEN. You made a speech of great length on the subject, which speaks for 
 itself. 
 
 Mr. Bartholdt. My view on the matter was this 
 
 Mr. WooTEN. The gentleman can not make a speech in my time. 
 
 Mr. Bartholdt. Tlie gentleman will not do me an injustice. 
 
 Mr. VVooTEN. I do not care to have my time taken up in that way. The gentle- 
 man was heard at great length on the subject. I decline to yield. 
 
 The Chairman. The gentleman fiom Texas has the floor. 
 
 Mr. WooTEN. Now, I say that the statement made by the gentleman from Iowa, 
 and which has been inferentially attempted to be confirmed by the gentleman from 
 Illinois [Mr. ]\Iann], who spoke a little while ago upon another amendment, that 
 this side of the House has ever taken any other position than that of favoring such a 
 restriction as to the immigration of laboring classes into this country as would restrict 
 it to such persons as were competent to become intelligent American citizens, or that 
 we have ever taken any other position than that labor is a coordinate branch of indi- 
 vidual enterprise in this country, which ought to be independently recognized by 
 Congress, is not correct. 
 
 The position occupied by that side of the House and by the Republican party at 
 large upon this issue is one of alternate cajolery and contempt for the laboring classes 
 and one of consistent duplicity and deceit in dealing with their vital interests. They 
 may deny that there is any sort of antagonism between organized and incorporated 
 capital and organized labor, and they may seek by vague, generic definitions of labor, 
 as including all classes of industries, to reason away and theorize out of existence the 
 significant facts that they are dealing with; but they can not by speculation and 
 sophistry destroy thjj status that is recognized l)y everybody as it exists in the con- 
 troversy between syndicated capital and organized labor. They try to ignore that, 
 but they can not thereby remove or remedy the evil that overshadows all other prob- 
 lems at this time in this country. 
 
 Now, Mr. Chairman, it is not necessary nor does it follow as a logical result that 
 because a man calls attention to the existence of a fact he is thereby indorsing the 
 condition represented by that fact. I am not here nor is any man on this side of the 
 House here ready to indorse or encourage any sort of hostility or antagonism between 
 these classes. But I do say that no man on this floor on either side of the House can 
 deal candidly and courageously with himself or the country without recognizing the 
 fact, however much he may deplore it as a fact, that there is a conflict between cor- 
 porate capital and organized labor; that it is a fact that has come to stay until the 
 conditions are taken away that have built up the fact. And I want to say that bills 
 like this and that legislation like this, which seek to subordinate and to practically 
 ignore the great interests of labor, are not calculated to remove the conditions, but 
 simply to emphasize the hostility between these classes. 
 
 The bill itself recognizes this distinction. It calls the proposed Department a 
 "Department of Commerce and Labor." Why should the two words be used if, as 
 the gentleman from Illinois undertakes to reason, commerce covers all labor? 1 
 understand that theory of government which is favored on that side of the House, 
 that commerce is synonymous with civilization; I understand that school of political 
 thought which believes that the commercial interests are the only interests that 
 ought to be considered in this Hou.se; but I want to say that I have no sympathy 
 with it, and Avhenever the opportunity arises I desire to raise my voice against any 
 such vicious and ruinous policy of administering this Government. 
 
 Now, Mr. Chairman, when we come to hunt the origin and history of this bill and 
 of this measure, you will find tiiem l)y referring to the Rejiublican platform of 1900; 
 there is where you will lind them properly designated and their character jn-operly 
 defined. I find upon reference to the Republican platform of 1900 this plank: 
 Department of Commerce. 
 
 That is what it was headed. They did not then undertake to deceive the country 
 by including "labor." They said: 
 
 A Department of Commerce. 
 
 And here is what they demanded: 
 In the interest of our exitanding commerce — 
 
 Not in the interest of "organized labor;" not in the interest of settling tiiese 
 irreconcilable conflicts that are arising daily between corporate capital and organized 
 
LEGISLATIVE HISTORY 589 
 
 labor; Ijut "'in the interost of our expamlinj; coininerce ;vercc()min('ii(l that Congress 
 cri'ate a (U'liartiiu'ut of coinnu'rce and iiuhistries," etc. 
 
 Not "lalior." Now, weall know what "iiKhiMtry" means. Industry shnply means 
 that kind of mterprisf that results in the prochiction of any eonmiodity of conimeree, 
 wlu'tlier hy nientai or manual (■ner<;y; and in that sense it includes every i)ro(hict of 
 human effort and iu<j;enuity. It does not siy;nify lalior in tiie sense here meant and 
 for which 1 contend. We all know and we liave all read in the metropolitan journals 
 and inaga/ines who the "captains of industry" are. 
 
 Such men as Morgan anil Frick and Baer and those who represent to-day the 
 organized greed and tyranny and oppression of corjiorations and capital in this 
 country. This is the kind of a department that tlu> Repulilican jiarty asked to he 
 created, and this is the kind of department that tiie gentlemen are now seeking to 
 create by this hill. They have liyixicritically yoked up in the hill the name of 
 labor, Avithout recognizing in any form the interests of labor or the rights and res])on- 
 sibilities of that great class of our people. I do not believe that in all its career of 
 unlilushing iniquity and fraud and hypocrisy the Republican party ever presented 
 to this countrv a nuire infamous and hypocritical measure than this. [Applause on 
 the Democratic side.] 
 
 Tlie Clerk, proceeding with the reading of the bill, read as follows: 
 
 Sec. 3. That it sliiiU he tho province and duty of said Depart nu'nt to foster, promote, and develop 
 the forei.iju and doniestie eoniineree, tlie mininir, manufaeturinj^r, shii>pins. and fishery industries, 
 tlie lal)or iiUerests, tlie transportation facilities, and the insurance business of tlie United States; and 
 to this end it sliall be vested witli jurisdiction and control of the departments, bureaus, oHices, and 
 branches of the public service hereinafter specified, and with such other powers and duties as may 
 be preseribed by law. 
 
 Mr. M.\.NX. Mr. Chairman, by direction of the committee, I offer the following 
 amendment: 
 
 Amend by adding to section 3 at the end thereof the following: 
 
 "All unexpended appropriations, which shall be available at tho time when this act takes effect, 
 in relation to tlie various odices, bureaus, divisions, and other branches of the public service, whieh 
 shall, by tliis act, be trausferreii to or included in the Department of Commerce and Lalior, or whieh 
 may hereafter, in accordance with the provisions of this act. be so transferred, sliall bec^ome available, 
 from the time of such transfer, f<ir expeii<liture in and by the Department of Commerce and Labor, 
 and shall be treated the same as thiiuy^li said branches of the public service had been directly named 
 in tlie laws making said appnijiriations as ])artsof the Department of Commerce and Labor, uiiiler 
 the direction of the Secretary of said Department." 
 
 The amendment was considered and agreed to. 
 
 3Ir. Palmer. 'Sir. Chairman, I move to strike out the last word in order to ask 
 the chairman of the committee a question. In line 23 are the words "including the 
 insurance business of the United States." I would wish to know for what reason or 
 jnirpose the insurance business of the United States is covered into the Department 
 of Commerce and Labor.' 
 
 Mr. Hepuurx. ;Mr. Chairman, it was believed by a majority of the committee that 
 it would be a wise iirovisiou of law to have some department charged with the duty 
 of securing jiroper information in regard to this immense Inisiness. The insurance 
 business of the United States is colossal. The wealth of the insurance companies is 
 greater than all of the values of all property in the United States at the time this 
 Government was formed. The business of the insurance companies is greater in vol- 
 ume per dollars and cents than all of the combined business of all regions of this 
 country at the end of the Revolutionary war. It is colossal. There are three corpo- 
 rations doing business in one single city in the United States whose assets aggregate 
 more than $1,000,000,000. 
 
 Now it has come to jiass that all commercial business is in a large measure depend- 
 ent upon insurance. As I said the other day, if you were to obliterate the insurance 
 of thtv United States you would well-nigh obliterate the commerce' of the United 
 States. 
 
 The business of commerce could not be undertaken were it not for the protection 
 and influence of insurance. It is of wonderful importance to the people, and there is 
 nobody, no authority in the United States, charged with the collection of informa- 
 tion and its proper dissemination. There are certain of the States that collect statis- 
 tics with regard to comjianies that do business in their States and disseminate it in 
 their States, yet there is no one charged with the tluty of securing information in 
 regard to all of the insm-ance companies that are candidates f<»r business and allowing 
 the people to know as to them. 
 
 Three times we have, at periods of ten years distant, required the Census Othce to 
 secure some information bearing ujxjn this subject, but at intervals of ten years. I 
 might .say here, in passing, that the information gathered by the present census force 
 for the Twelfth Cen.^us is not yet in print. I submitted the day Itefo-e yesterday a 
 paper containing a list of 150 bogus insurance companies that were doing business in 
 
590 . LEGISLATIVE HISTORY 
 
 the United States and were perpetrating their robberies and fraud npou innocent and 
 ignorant people. The committee, I tliink, with almost unanimity, regard this provi- 
 sion as a most important one. I hope that there will l^e no disi:)Osition upon the part 
 of this committee to strike it out. 
 
 Mr. Palmer. The gentleman has answered my question, as I understand, by stat- 
 ing that the insurance business is covered into the Department of Commerce and 
 Labor, because it is desired to collect information in regard to the insurance com- 
 panles of the United States. 
 
 Mr. Hepbukn. Yes. 
 
 Mr. Palmer. I call the gentleman's attention to the fact that the words of the sec- 
 tion are "to promote and develop the foreign and domestic commerce" and "pro- 
 mote and develop the insurance business of the United States." I wish to ask the 
 chairman of the committee what right or power or authority he claims for the 
 Federal Government over the insurance business of the United States? 
 
 Mr. Hepbirx. Well, Mr. Chairman, I don't care to attempt to make an argument 
 upon that question just now. I know that the Supreme Court of the United States 
 in two or more cases where they were discussing interests that were involved in 
 building, in insurance of that kind, have held in the form of o1)iter dicta that that 
 kind of insurance was not permitted. 
 
 The Chairman. The time of the gentleman from Pennsylvania has expired. 
 
 Mr. Corliss. Mr. Chairman, I have two amendments covering this subject that I 
 desire to have read now, and I include section 6, as it is the same subject-matter. 
 
 The Clerk read as follows: 
 
 Strike out in line 23, page 9, tlie words "and the insurance business of the United States." 
 
 Mr. Corliss. Mr. Chairman, I discussed briefly this provision j'esterday. I read 
 three authorities of the Sujireme Court upon the subject. I was surprised that the 
 chairman of the committee ventured the prediction that the Supreme Court would, 
 in case of a marine insurance contract being submitted, hold it to be interjitate 
 commerce. 
 
 I hold in my hand a decision of the Supreme Court of the United States rendered 
 in 1894 by Justice White, commenting upon all the other decisions bearing upon fire 
 insurance and life insurance, but deciding the question raised specifically upon a 
 marine insurance policy; and this was the case of Hooper v. California, Avhicli 
 appears in the record. The court there said: 
 
 The contention here is that inasmuch as the contract was one of marine insurance — 
 
 That is a matter of interTfate commerce — the very identical question to which the 
 chairman of the committee referred when he predicted that the Supreme Court would 
 decide that it was commerce. In rendering this opinion the court stated positively 
 that a marine insurance policy and the business of marine insurance are not com- 
 merce; that the contract of insurance is not an instrumentality of conniierce. 
 
 Now, I submit that it is not within the control of Congress to undertake to legislate 
 upon this subject; that the insurance business is not commerce; that the Constitution 
 does not permit us to control it; and that to do so, or attempt to do so, is a dangerous 
 step. To-day the insurance comj)anies are vast; their influence is great; they are con- 
 trolled by laws of tiie several States; they are taxed in the States properly. Every 
 State requires insurance companies to deposit a large sum of money, or to give a heavy 
 bond, to protect the insured. Should Congress undertake to recognize this business 
 as commerce, the right of the several States to tax the insurance business may be 
 affected. When insurance business becomes commerce and such contracts are held 
 to be interstate commerce, the State will lose control. The business of telegraph 
 companies and of telei)hone comi)anies has been field to be interstate commerce, 
 and the Suiireine Court has decided that the State has no right to si)eciflcally tax it. 
 
 I therefore say that this is an unwise step, an illegal step; that it is tlie creation of 
 a Bureau for no purpose whatever but to give publicity to facts which are now pub- 
 lished broadcast over the land. You might as well establish a l)ureau to collect 
 statistics and other information with reference to stocks and bonds issued by different 
 corporations. 
 
 The chairman of the committee calls attention to the fact that there are 60 fraud- 
 ulent insurance companies. Why, Mr. Chairman, how many fraudulent mining 
 companies are there that are scattering their stock broadcast over the country? 
 
 The Chairman. The time of the gentleman has exi)ired. 
 
 Mr. CoRUSs. Beingamemlier of thi^ committee, J ask for five minutes more. 
 
 The Chairman. Is there objection? The Chair hears none. 
 
 Mr. Stewart, of New Jersey. Has the Supreme Court of the United States ever 
 decided that insurance contracts Avith reference to merchandise which are the subject 
 of interstate commerce is not itself commerce? 
 
LEGISLATIVE HISTORY 591 
 
 ^Ir. CoKUSs. The caj!e to Avhicli 1 refer was upon ;i marine insurance contract 
 relatinjx to a subject of interstate eoniiiierce. 
 
 .Mr. Sticwakt, of New .lersey. Was tlic suhject-niattcr of llu' contract a sul)ject of ^ 
 interstate eonunerce? 
 
 Mr. CoHMss. It eould not he otlierwise. The articles in (luestion were ))eing 
 transported into the State of CaUfornia on the sea. The court held that the trans- 
 portation was coiujneree, l)ut tiiat a contrart nf marine insurance did not embrace 
 the element of conuneree. 
 
 Now, ]\Ir. Ciiairman, it seems to me unwise to create this JUireau for anotlier 
 reason. You are imposin<rau adtbtional burden upon tiie ]H'ople. You are creating 
 uuni'cessary l>ureaus. You have here authorized a chief of bureau at $4,(HiO a year, 
 and a lunuher of clerks. Wliat for? To investijrate facts which are now well known 
 all over this country, facts whit'h are i)ul)lished broadcast by tiu' different States; 
 and the beuelit which is exj)ected to be derived from this is that it furnislies infor- 
 mation to the investor. That is all. The investor in an insurance policy may <lesire 
 to know whether a {)articular comi)any is frautlulent or not. Can the cliief of this 
 Bureau ascertain sucli information under this ])ropo.sed law? 1 submit not. The 
 insurance comj>anies are great corporations. What right has the chief of a United 
 States 1 )ureau to go into a State and investigate tlie affairs of a corporation to ascertain 
 facts not voluntarily given? 
 
 I submit, J\Ir. Chairman, that we are creating an unnecessary bureau where unnec- 
 e.>^sary expense will be incurred, and I fear these great corporations may avail them- 
 selves of the opi>ortunity to get into the courts a ca.se upon which they may secure 
 a duci.sion that an insurance I'ontract upon products in transportation is commerce. 
 You then dei)ri\e the States of the power of controlling and regulating the insurance 
 business. ,Mr. Chairman, I reserve the balance of my time. 
 
 3Ir. j\r.\Nx. I\Ir. Chairman, with very great respect for the distinguished gentleman 
 from ^Michigan [Mr. Corliss], who is my friend, it seems to me that in his speech he 
 has simply been batting the air. There is not a line or a word in this bill which 
 l)urports to confer on this Department or ui>on the ( iovernnient jurisdiction over 
 insurance as interstate connnerce. I do not yet know that the Congress or the Gov- 
 ernment of the United States has jurisdiction over the weather, but still we maintain 
 an expensive weather department to publish information. I have yet to discover 
 that tlie National Government has jurisdiction over the farmers' soil, and yet we 
 maintain an exjiensive establishment, called the Division of Soils, ftu- the purpose of 
 making an examination of the soil; not soil belonging to the National Government, 
 not soil over which the National Government has jurisdiction, but for the purpose 
 of publishing information. 
 
 I have yet to learn that the National Government has jurisdiction over the cotton 
 crops, but the distinguished gentlemen on the other side of the aisle who are so 
 interested in the cotton crop properly ask that the National G(5vernment shall obtain 
 and publisli information concerning the cotton crop and statistics in regard to its 
 amount and its (piality. The same thing is true of insurance. I do not know whether 
 insurance is interstate commerce or not. This body can not decide that question. 
 That question will be disposed of when reacheil by the Supreme Court of the United 
 States. We do not assume that jurisdiction, but we say that in a l)usiness which has 
 grown to the great volume that insurance business has it is pro]ier for the National 
 Government to voluntarily obtain and publish in a way that every person can receive 
 it information concerning the insurance com2)anies and the class of insurance busi- 
 ness. Not only that, but the insurance department of the Government may obtain 
 and publish information concerning the companies which will be of value in other 
 countries wliere our companies are transacting business. 
 
 ^Ir. Chairman, the insurance business is simply enormous. It is beyond concep- 
 tion almost. Last year nearly thirty life insurance companies in the one State of 
 Connecticut received in premiums l!i:^o7,000,OflO, and thev received a total income of 
 $425,000,000. The assets of those companies a year ago amounted to $1,858,000,000. 
 Those a.«.sets are not owned for the benefit of the insurance companies. They are 
 owned for the benefit of the people who are insured. 
 
 I\Ir. B.^RTLETT. Mr. Chairman, I would like to ask the gentleman a question. 
 
 The Chairman. Does the gentleman yield? 
 
 ^Ir. ^Iaxx. I yield to the gentleman from Georgia. 
 
 Mr. Bartlett. Section 0, on ])age 13 of this bill, which ]>rovides for this Depart- 
 ment of Insurance, uses the following language: 
 
 It shall be tlic province and duly of s;iiil )?uri>aii, iukIci- tho dirootion of the Secretary, to exercise 
 such control as imiy be provided by law over every insurance company, society, or association trans- 
 actinj; business in the United States outside of tiie State, Territory, or district wherein tlie same is 
 orRanizecl, ami to foster, i)roniote, an<l develop the varifins insuranee industries of the I'nited States 
 by gathering-, compiling, publishing, and suiiplying- all available and useful information eoneerning 
 such insuranee companies and the business of "insurance, and by such other methods and means as 
 may be prescribed by the Secretary or provided by law. 
 
592 LEGISLATIVE HISTORY 
 
 NoAV, I would ask if the word "control" a.s there used does not begin to inaugurate 
 a system, whether it is done in this V)ill or not, as to A\4iich future Congresses, taking 
 this as a cue, can pass laws for the i)urpose of givjng the Fetleral Government under 
 this Department the right to regulate and control the business of these insurance 
 companies everywhere? Is not that in contravention of the laws of the various 
 States controlling and regulating the business of insurance in those States? 
 
 Mr. Mann. I think not. The words in the bill provide for control as may be pro- 
 vided by law. There is no one in the House, and so far as I know no one in the 
 countr}', who desires to have the power conferred upon the National Government, 
 even if it could be constitutionally conferred, to regulate the insurance business and 
 take it away from the control of the States. But those words are usual in creating a 
 Department; they ought to be in the bill. They mean nothing unless hereafter in 
 some way some power is conferred upon the Department. It might be a power 
 simply to collect statistics, as we confer ]M)\ver upon the Census Office; but it is not 
 the purpose and not the meaning of the law to take away the power of the State and 
 confer it upon the National Government. 
 
 Mr. Bartlett. May I ask the gentleman another question? 
 
 The Chairman. The time of the gentleman has expired. 
 
 Mr. De Armond. Mr. Chairman, this, I think, is rather a remarkable provision. 
 It is to "foster, promote, and develop" the insurance business of the United States, 
 a business which, as the chairman of the committee stated to the House a short time 
 ago, is already an enormous lousiness. Yet we are to foster, promote, and develop it 
 through the agencies of this new Department of Conunerce and Labor. Why is not 
 this called the Department of Commerce and Insurance? Why do you not tack onto 
 the name the word "insurance" as well as the word "labor." Certainly the insur- 
 ance interests will be satisfied with the substance, and you propose to satisfy, if you 
 can, labor interests with a jingle of words. What reason there is upon the earth for 
 a department in this Government to foster, promote, and develop insurance, until 
 the discovery was made by the gentlemen who project this bill, was a mystery to 
 the world. This clause is an addition to what was in the Senate bill. Those who 
 refer to section 3 of tjie Senate bill, jjroposed to be stricken out to make way for this 
 amendment, will find that it contains nothing in relation to fostering, promoting, and 
 developing insurance. 
 
 The gentleman from Illinois []\Ir. Mann] suggests that these harmless words 
 "foster, promote, and develop" will have no weight and can do nothing unless there 
 be other legislation. Does the gentleman, in the simplicity of his soul, suppose that 
 it is intended that there shall be no other legislation? Can he not with the eye of 
 fancy see a bureau jiresided over by a chief and an assistant chief and a chief clerk, 
 assistant clerks, and a horde of useful employees, to "foster, promote, and develop" 
 the insurance business of the United States, and incidentally — I might say principally 
 and primarily — to foster, jiromote, and develoji the interests of themselves and of 
 those who put them into these fat but useless offices? 
 
 There are a great many things in this bill the absence of which would 1 )e an improve- 
 ment, but striking and unique in these samples of strange legislation is this feature: 
 
 To foster, promote, and develop the insurance industry in the United States. 
 
 If this were not serious legislation, it would lack but little of being a roaring farce — 
 creating a department of the Government, having an officer in the Cabinet of the 
 President, to foster, promote, and develop the insurance business of the United States; 
 and not to leave him alone and unassisted, not to burden him with overwork, but to 
 supply him with an abundance of subordinates, so that he and they, colaboring, put- 
 ting their massive intellects and their great industry into operation, may effectually 
 and satisfactorily to those interested that way, foster, promote, and develop the 
 huge, the enormous insurance business of the United States. 
 
 This provision did not straggle in by accident. It did not get in through some 
 fortuitous circumstances. I think it is due to the House that those who know how 
 it got into this bill, that those who know who got it into the bill, that those who 
 know who are to profit primarily and directly from the pvitting of it into the bill, 
 ought, in a generous burst of confidence, to impart a little of the information to the 
 House. It would not occur to the ordinary man in the ordinary way, the ordinary 
 promoter of commerce, the ordinary friend of labor in words — it would hardly as a 
 mere matter of accident, as a matter of fortuitous inspiration, occur to any of these 
 to light u]>on this scheme to provide for fostering, promoting, and developing the 
 insurance business of the United States. I think we can see following this the 
 organization of some huge Federal insurance companies. I think we may witness 
 the power of organized wealth banded together in the various insurance companies 
 taking jwssession so far as they please of the machinery of the Government, using it 
 to throw out of gear and to destroy the machinery of the States, perfected to a 
 considerable degree for the control of the insurance interests and business. 
 
LEGISLATIVE HISTORY 593 
 
 [Hero the liainnior fell.] 
 
 ]SIr. GnosvENdK. Mr. ("hairinaii, I want to make two suotgei'tions in regard to the 
 ariruiiH'iit of the gontU'iuau from Missouri [Mr. I)e Armoiid]: First, as to the use of 
 the ]aii>,'uaire "foster, promote, ami develop." 
 
 Those words are used not in their ordinary meaning, and certainly not in the 
 meauiug that the gentleman froui Misf5ouri ha.s given to them. The purposes cov- 
 ered hy the enactment have received complete explanation and limitation hy the 
 words that follow in the hill itself. He is to "foster, promote, and di'veloi) the 
 variou-s insurance industries of the United States." How? By any such means or 
 measures as the gt'ntleman has siioken of? CertainhMiot; hut by exactly the same 
 jirocesses that the gentleman from Hlinois [Mr. ]\Iaim] has already explained in 
 regard to the cultivation and growth of cotton, the production and propagation of 
 lisli, the control of the weatlier, and all of the other things that are covered by this 
 bureau of information, by the (.iovernment. 
 
 Mr. Dk Ahmonu. ]\lr. Chairman 
 
 The CiiAiRMAX. Does the gentleman from Ohio yield? 
 
 Mr. Grosvenor I have not quite stated my point. It is to be done — 
 
 by gathering:, compiliiif!:, publishingr, and supplying all available and useful information concerning 
 sui'h insurance business. And to tliis end it shall be vested with jurisdiction and control of tlie 
 def)artinents. bureaus, and branches of the public service hereinafter specified, an<i with such other 
 powers and duties as may be prescribed by law. 
 
 So the whole action of this Bureau in the matter of insurance is limited. First, its 
 power an<l purpose are described, ami then limited by the act itself. 
 
 The Chairman. Does the gentleman now yield? 
 
 Mr. (iRosvENOR. I do. 
 
 ^Ir. I)e Armoxp. The gentleman now has given his explanation of the meaning of 
 foster, develop, and promote the insurance industry of the United States. 
 
 Mr. Grosvenor. By the processes and means laid down in the statute, and limited 
 expressly to those processes and those powers, and none other. 
 
 3Ir. De Ar.mond. Will the gentleman permit a question? 
 
 ^Ir. tiRosvENOR. Certainly. 
 
 'Slv. De Ahmond. Wluit fostering, promoting, or develojiing does the insurance 
 business of the United States need at this time? 
 
 Mr. Grosvenor. Well, I call the gentleman's attention to one matter whicli I 
 think he has lost sight of. It has not been quite one year since there was pending 
 in this House a most important measure, calling upon the Federal Government of 
 the United States to interfere to protect the vested rights and interests of three of the 
 greatest in.«nrance companies of the world in a foreign country, and the State Depart- 
 ment was invoked, and had been for years before, to supervene in the matter of the 
 wrongs that were said to be done to those companies by the legislation or regulations 
 of the l''mi)in' of (Jermany. And so it was that the President of the United Statea 
 put on foot, through the State Departjnent, examinations, and reports came, and the 
 President's niefeages referred to them on two different years. So there wasone matter 
 of the greatest imp.ortance that no State could have interfered with or had anything 
 to do with. This Departtnent of Insurance, had it been in exi.stence at that time, 
 woidd have had that information, all the facts that would have been necessary to 
 have .settled that matter in a very few months. As it was, two, at least, of our insur- 
 ance comi)anies suffered enormous lo.«s of Imsiness while the pendency of insurance 
 regulations were being attended to. 
 
 Now, Mr. Cluiirman, the main answer to it all, as supplementary to what the gentle- 
 man from Illinois has said about this interest of insurance, of vast importance to 
 every man, woman, and child interested in it, that there shall be a systematic means 
 of knowledge open to all the people of the country when there is any futin-e legisla- 
 tion. There is no attem])t by this measure to control the action of the State, nor to 
 j)rohil)it the action of a State, nor to act in place of a State. It is simply to transfer 
 or to give ))ower to this Department to make such investigations as will give to the 
 |)eople of all countries, our own country as well, all necessary information whenever 
 they liave occasion to use it. 
 
 Mr. (Jardnek, of New Jersey. Mr. Chairman, let us neither deceive ourselves nor 
 he deceived by any doubts of jurisdiction on the one hand or disclaimers of intent on 
 the other. If the gentleman from ^lichigan is right in his legal contention, this i)ro- 
 vision, together with section 0, ought to go out of this bill. If the gentleman from 
 Iowa is right, then more emphatically both provisions ought to go out of the l)ill. 
 
 It is in vain to say here to intelligent men who know anything al)out the history 
 of bureaus of government, i)articularly any man who has any knowledge of what has 
 hci-n calle<l the "hogging of jurisdiction" from the States, that the foumlation here 
 laid does not disclose the ])urpose of this l)ill. A jtart of the insurance capital of the 
 country has for more than a half a century been aggressively seeking to escape State 
 regulation. 
 
 27628—04 38 
 
594 LEGISLATIVE HISTORY 
 
 "Whenever they have had an opportunity in a case having apparently interstate- 
 commerce features it has been carried to the courts of the United States; and there 
 has not been a year since I can remember that legislation like this would nc^t have 
 been here for enactment had anybody been able to offer assurance of success in either 
 House of Congress. It has not l)een here because there was no encouragement to 
 bring it here. But now a sentiment has arisen for the creation of a Department of 
 Commerce and Labor it is seized upon as a vehicle to carry into the domain of natif)nal 
 legislation and jurisdiction a question that they would not risk standing alone. 
 
 This l)ill jirovides for an Insurance Bureau, and the words now under considera- 
 tion are the foundation for the rest of the jnirpose. The provision is, "shall exer- 
 cise such jurisdiction and control as may hereafter be provided by law." Does any- 
 body wdio knows anything about the history of Bureaus of the Departments not 
 know that very Bureau will from now on report necessary additions to its power, 
 and that the Secretary of the Department will recommend it, and that it is intended 
 that the whole matter of interstate insurance shall be beaten into such shape under 
 the Congressional hannner that it will become interstate commerce and directly under 
 the control of the national bureau? 
 
 If this bill passes this session the year 1904 will not come until litigation arises 
 thrusting this question of regulation of insurance into inextricable confusion in every 
 State having an insurance department. Gentlemen tell us how gigantic this lousi- 
 ness has become. It is a prosperous and great business. Has it grown up under 
 national control? No; but under State regulation. Every State, or all of the older 
 States, have insurance departments, mider competent men. They provide certain 
 conditions luider which companies may do business in the States, and the kind of 
 information that this Bureau can give is already in the hands of the States for every 
 insurer. 
 
 That is not what they seek in this bill, INIr. Chairman. The kernel in this nut is 
 that most of the States require certain conditions for the transaction of insurance 
 business within their limits. And one of them is that they recjuire a deposit of 
 bonds or securities with their financial ofiicer, and thus provide an amount of money 
 within the State for those who suffer losses within the State, and in case of a suit 
 and judgment there is something within the State to be reached by execution. That 
 is the thing from which escape is sought, and it is one of the chief motives for jaress- 
 ing this measure. 
 
 Mr. Shack LEFORD. Mr. Chairman, I think this bill contains no feature more dan- 
 gerous than that relating to insurance. It says " it shall be the province and duty 
 of said Bureau, under the direction of the Secretary, to exercise such control as may 
 be provided by law." 
 
 As has been very well expressed by the gentleman from New Jersey [Mr. Gardner], 
 the great insurance companies of this country would l)e very glad to have jjrovided 
 by law. some regulations that would keep the States from controlling them as they 
 now do. The gentleman from Illinois [Mr. Mann] had nuich to say about information 
 for the benefit of the people. In the State from which I come we hare an insurance 
 bureau, whose duty it is to know the exact condition of every insurance con^paUy 
 that does business within its borders, and to compel that company to exhil)it its affairs 
 for the inspection of tliat commissioner, and let him say whether or not it is solvent 
 and sound. Every insurance comi)any within the boundaries of the State of Missouri 
 is compelled to show its condition, and in doing so they find it sometimes an embarrass- 
 ment to them, and to escape this endoari-assment they want to come here under some 
 sort of blanket law that will take away from the States the powers they now exercise. 
 
 As I said in a speech yesterday, in the State of Missouri we have some insurance 
 regulations which were violated by the companies doing business in our State. We 
 called them before the courts and took away their charters and they were not per- 
 mitted to do business again until they paid fines to the State amounting to more than 
 $100,000. They do not want to do that. They do not want to comply with the regu- 
 lations of the State law. They come here with this insidious measure, and are now 
 attempting to get Federal control wdiere they are now controlled well by the States 
 in the interests of the people. Every State in the Union to-day has a good insurance 
 law and good insurance regulations, or can have them. 
 
 Now, Mr. Chairman, I am opposed to any provision of Federal legislation that has 
 for its object to take away froui the States this wholesome and healthy control of 
 the insurance companies doing business within their borders. A few years ago they 
 were driven from Kansas because they would not comply with the State laws. A 
 few years ago they threatened the State of Arkansas that they should liave no insur- 
 ance in that State unless they repealed the insurance laws. They tried to override 
 the laws in my State. As has been said l)y the gentleman from New Jersey [Mr. 
 Gardner], this is the first step in the march of the insurance comjianics to the goal 
 where the States will have no control over their affairs. To-day the insurance com- 
 
LEGISLATIVE HISTORY 505 
 
 paiiios Wdiilil liavo the (luestions luljudii-ati'd l)y ii Federal tril)unal. Tliey do not 
 want to siihiiiit to the jnd<,'iiient of the State courts. [Apphiuse.] 
 
 Mr. .Mann. "Sir. ("hainiiaii 
 
 Mr. Hay. Mr. Chairman, 1 make th(> jioint. that del)ate is exliausted mi tlii.s 
 amendment. 
 
 The C'maiuman. Tlie time for debate has expired. The <ineslion now is on the 
 ameinhnent offeretl liy the jrentlenian from Michigan. 
 
 Mr. rAOciKiT. i\Ir. C'liairman, I sn.ij^est to tht'^enth'inan that lie slionid not inclnde 
 in his amendment to strike onrtlu' words "in the. Tnited States," IxM-ausi^ that rt'fens 
 to other hnsiness above mentioned. 
 
 Mr. C'oui.iss. I tiunk tliat is a wood sn<«iestion and I will adopt it. 
 
 Tile C'nAiK.MAN. Tlu' Clerk will read the amendment as modilied. 
 
 Tlu' Clerk read as follows: 
 
 In lino 'JS, strike out the words "and tlio insurance business." 
 
 The (luestiou was taken; and on a division (denuuided by Mr. IIep]>nrn) there 
 wen — ayes 59, noes 40. 
 
 Mr. IIeimukn. Tellers, Mr. Chairman. 
 
 Tellers were ordered. 
 
 The Chair appointed as tellers INIr. Corliss and Mr. Hepbnrn. 
 
 The House again divided; antl the tellers reported that there were 70 ayes and 65 
 noes. 
 
 So the amendment was agreed to. 
 
 The Clerk, proceeding with the reading of the bill, read as follows: 
 
 Skc. -4. That the following-named ofRees, bureaus, divisions, and branches of the public .service, 
 now and heretofore under the jurisdiction of the Dejjartment of the Treasury, and all that pertains 
 to the same, known as the LiKht-House Board, the Lii^lit-House Service, the National Bureau of 
 Standards, the Coast and Geoihtic Survey, the KureMU of Iniiuigration, and the Bureau of Statistics, 
 be, and the same hereby are, transferred from the Dciiartnicnt of the Treasury to the Dejiartment of 
 Commerce and Labor, an<l the same shall hereafter remain under the jurisdiction and supervision 
 of the last-named DepartnuMit; and that the Census Otlice, and all that pertains to the same, be, and 
 the same hereby is, transferred from the Department of the Interior to tlie Deparlnieut of Commerce 
 and l.,abor, to remain henceforth under the jurisiliction of tlie latter; that the Department of Labor, 
 and the Office of Commissioner of Fish and Fislieries, and all that pertains to tlu; same, be, and the 
 Siune hereby are, placed under the jurisdiction and made a part of the Department of Commerce and 
 Labor: tliat the Bureatl of Foreign Commerce, now in the Department of State, be, and the same 
 hereliy is, transferred to the Deiiarlnicnt of Commerce and Labor, and consolidated with and made 
 a part of the Bureau of Statistics, hereinbefore transferred from the Department of the Treasury to 
 the Department of Commerce and Labor, and the two shall constitute one Bureau, to be called the 
 Bureau of Statistics, with a chief of the Bureau; and that the Si'cretary of Commerceand Labor shall 
 have complete control of the work of gathering and distributing statistical information naturally 
 relating to the .subjects contided to his Dei>artmeut; and to this end said Secretary shall have power 
 to employ any or either of the said Bureaus and to rearrange such statistical work, and to distriliute 
 or consoli(h»te the same as may lie deemed desirable in the ]>ublic interest; and said Secretary shall 
 also have authority to call upon other Dei>artnu'nts of the Government for statistical data and results 
 obtained by them; and said Secretary of Commerceand Lalior may collate, arrange, and publish 
 such statistical information so obtained in such uuinner as to him may seem wise. 
 
 That theorticial records and iiai)ers now on hie in and iicrtaiuing exclusively to the business of any 
 burcini, ollice, department, or branch of the public service in this act transfcrriMl to the Itt'partmcut 
 of ComiiUTce and Labor, together with the furniture now in use in stich bureau, otlice, department, 
 or branch of the public service, .shall be, and hereby are, transferred to the Department of Commerce 
 and Labor. 
 
 ^Ir. ]\Iaxx. Mr. Chairman, by direction of the committee I offer several formal 
 amendments to this section. 
 The Clerk read as follows: 
 
 AnuMid section ■) by striking out of line S, page 10, the word "service" and insert in place thereof 
 the word "establishment." 
 
 Anu'iid section 1 by inserting in line 1), page 10, after the word "survey," the words "Commis- 
 sioners of lnimigrati<in." 
 
 Amend section 4 by inserting, after the word "immigration," in line 9, the words "immigration 
 service at large." 
 
 Insert in line 18, page 10, after the word "labor," the words " Fish Commi.ssion." 
 
 Strike out, in line .=>. x>age 11, the word "complete." 
 
 Amend section 4 by striking out of said section all after and including the word "and," in line 7, 
 page 11, down to and including the word " interest," in line 11 of said page, and inserting in place 
 thereof the following; 
 
 "AikI the Secretary of Commerce and Labor is hereby given the power and authority to rearrange 
 the statistical work of the bureaus and oflices confided to said Department, ami to consolidate any of 
 the statistical bureaus and offices transferred to said Department." 
 
 The Chairman. Without objection the amendments will be sulimitted together. 
 
 Mr. Crimpack-kr. I\Ir. Chairman, I desiri- to address the House briefly upon the 
 amendment j)rojiosed by the gentleman fn.m IIHnois [Mr. ^Nlann] antiil)rizing the 
 Secretary of t lie Department of Connnerce and Labor to rearrange and coordinate 
 the statistical work of tliat Department, and to merge and consolidate statistical 
 bureaus and oflicis wlierever and whenever considerations of economy and desira- 
 bility may reiiuire it. The functions of the new Department, when created, will be 
 
596 LEGISLATIVE HISTOEY 
 
 chiefly the gathering and dissemination of statistical and other information that may 
 advise tlie people of the country respecting the condition of commerce and labor in 
 their various relations, and suggesting metlioils by which their interests may be pro- 
 moted. The Department will have no power to regulate and control either commerce 
 or lal)or. Authority is conferred l)y the Federal Constitution upon Congress to reg- 
 ulate interstate and foreign commerce, and to this extent the Department may 
 administer laws enacted T)y Congress that bear upon this class of commerce. Beyond 
 this the functions of the Department will be purel)' ministerial and advisory in their 
 character. 
 
 The original departments of the Government deal with essential governmental 
 functions. The executive power of the Government is primarily vested in the Presi- 
 dent, and to enable him to satisfactorily administer that power various departments 
 have from time to time been created. Until the Department of Agriculture was 
 established every administrative department of the Government whose chief officer 
 was honored with a seat in the council of the President's advisers was created 
 expressly to assist the President in executing powers of government that were 
 imposed upon him Vjy the Federal Constitution. The Secretary of State conducts 
 diplomatic negotiations and has control of general intercourse with foreign nations; 
 the Secretary of the Treasury collects the revenues and conducts the fiscal operations 
 of the Government; the Secretaries of War and Navy have to do with matters of 
 public defense and the control of general military operations; the Attorney-General 
 is at the head of the legal department; the Postmaster-General administers the vast 
 and complicated postal sj'stem of the Government; and the Secretary of the Interior 
 administers public lands, pensions, patents, and relations with the Indian tribes. 
 
 All of these functions are inherently governmental, and the i^ropriety of distribu- 
 ting them among the several departments and of making the heads of the respective 
 departments mendiers of the President's Cabinet is natural and obvious. If the 
 President shall successfully administer the vast interests that pertain to the executive 
 branch of the Federal Government, it is V)ut natural that heads of departments hav- 
 ing control of these several branches of administrative service should meet with him 
 and impart information respecting their condition and needs. 
 
 The first dei^arture from the logical arrangement of the executive business of the 
 Government was in the creation of the Agricultural Department. The Federal Gov- 
 ernment has no authority over the subject of agriculture at all, and the Secretary of 
 that important De])artment can not be presumed to supply the President with infor- 
 mation in relation to the duties imposed u^ion the Chief Magistrate by the Federal 
 Constitution, because agriculture is not one of those duties. 
 
 The importance, however, of the agricultural interests became so great, and the fact 
 that agriculture is generally known to be the bedrock of civilization, were sufficient 
 to justify Congress in elevating the Bureau of Agriculture to the dignity of a Depart- 
 ment and making the head of that Department eligible to admission into the Presi- 
 dent's council of advisers. But this action of Congress did not and could not change 
 or add to the ])owers of the Chief Executive. 
 
 Following the precedent of the Agricultural Departmc^nt, it is now proposed to 
 create a Department of Commerce and Industry, placing it, as far as it can be j)laced 
 by legislation, upon the same footing, in relation to dignity and authority, as the 
 other great Departments of Government. Its duties are not governmental. Com- 
 merce during all time has been, and probably for many generations in the future will 
 continue to be, the subject of purely private enterprise, but the transcendent impor- 
 tance of commerce and labor in relation to the welfare and advancement of civilization 
 make these subjects worthy of the high consideration they will receive in the creation 
 of an independent department dedicated to their promotion. 
 
 It is of great importance to the country to have accurate information respecting 
 conditions and methods of connnerce, not only here but in other lands, and also to 
 know of the true interests and relations of labor in the numerous productive activi- 
 ties of the country. It is expected that the new Department will gather and dis- 
 seminate all the information that can begotten in relation to these highly important 
 subjects. This information will be of incalculable valu.e to individuals and private 
 enterprises in suggesting improvements of methods of production and better condi- 
 tions of life. It may also be made the basis of information necessary to intelligent 
 legislation upon the ])art of Congress and the several States. I am in favor of creat- 
 ing the new Department ami believe if it is properly organized and administered it 
 will many times re]>ay the cost of its establishment and maintenance. 
 
 P>ut, as I said at the outset, the- functions of the Department will be chiefly in the 
 gathering and the distril)ution of statistical information, and it ought to be so organ- 
 ized and conducted as to supply such information, not only for the people of the 
 country, but for the use of all of the other departments of the Ciovernment, as far as 
 
, lkgislativ't: ittstoky 597 
 
 it is possible to do so. Every statistieal bureau, ofiiee, and division in all of the 
 departments should beinclndeil in tlu' Dejjartnu'nt of C"oniniereean<l Labor, in order 
 . that tills u;reat wurk may l)e eondueted seientilii-illy and in a busincsslikf manner. 
 One general statistu'al bun-au, with a competent chief and a suliicient number of 
 statistical expert."*, Avith a trained corps of assistants and a suliicient number of 
 ministerial ollicers, can more eHiciently and economically gatiier and disseminate 
 statistics than if tlie worlv siiall be api)ortioned among ten or a dozen bureavis and 
 ottices .scattered around among the various departments of tlie Oovernment, each 
 acting independent of the others. 
 
 Tlu're are now nine different bureaus and otiices for Avhicii ai)proiiriations are 
 made I'xiressly for the i)ur}>ose of collecting and distrilmting statistical data, each 
 one jtresided over l)y a high-.>;alaried (-hii'f and an etiicient and highly-trained corjis 
 of staff otlicers. One such organization ought to 1)e suliicient for tlie entire worlc. 
 I refer now to statistics for general use and those that may be used l)v the several 
 departments of Government in administering their functtons. I adiiiit that stati.s- 
 tical information resi)ecting tlie administration of some of the subdivisions of the 
 departnu'uts that is of peculiar value to those departments can better be collected by 
 the departments themsehes in some instances than by a general bureau, but in most 
 instaui'es there is no need for more than one bureau -with a chief and staff of experts 
 for tlie collection of statistics. 
 
 Under existing conditions the work of collecting and distributing statistics is dupli- 
 cated and reduplicated, as liigh as four times in some instances, and lumdreds of 
 thousands of dollars are wa.«ted every year by such iinnecessary work. It is the 
 natural tendency of every department to enlarge, ramify, and extend its functions so 
 as to make itself as ni'ariy independent of all other de])artments as possible, and to 
 this end a department which may require statistical information, instead of going to 
 a statistical bureau for it, organizes a division of its own, and employs a corps of 
 clerks to <'ollect the information. If thtre were one statistical bureau, ijropcrly 
 eiiuijiped to enter upon all general Ileitis of statistical and scientific research and 
 investigation, charged witii the duty of supjdying all the other departments with 
 such information as uiay be necessary to enal)le them to administer their several 
 functions, it would be a long step toward sim])lifying and putting upon a common- 
 sen.se basis the administration of the Government. 
 
 The pending liill proposes to include within the Department of Commerce and 
 Labor the Census Office, the Bureau of Statistics, and several other offices whose 
 duty is chielly the collection and distribution of statistical information. It does not 
 include the Bureau of Education. I am unable to understand why this Bureau was 
 omitted. Its work is peculiarly statistical. That Bureau has no authority over the 
 schools of the country. It has no power to regulate or control their work, but can 
 only collect useful information to be distributed throughout the country for the 
 information of those engaged in school work generally. There is no occasion for 
 maintaining an independent bureau for that work under the control of a high-salaried 
 chief with a corps of expert assistants.' It could as well be included in the Census 
 Office — since that office has been made permanent — as a division, without in any 
 re.spect impairing its usefulness, and a great saving would thus be accomplished. I 
 would insist upon an amendment to the measure, including that Bureau, if it were 
 not that authority is expressly conferred upon the President to transfer from other 
 departments bureaus and ottices engaged in statistical work, wherever he deems it 
 for the public interest to do so. I sincerely hoi)e and believe that at an early date 
 the Educational Bureau will be transferred to the Department of Commerce and 
 Labor. 
 
 During the last session of Congress the Census Office was made permanent with 
 the expectation that it should become the chief bureau for the collection and dissem- 
 ination of statistical information for the entire Government. It was thought wise t(j 
 make it a i)ermanent institution, and from time to time chai'ge it with the dutj* of 
 making investigations relating to the activities of the country with this end in view. 
 It was urged in sui)])ort of the bill making that office a i)ermanent bureau that in the 
 course of time a sufficient force of trained experts and clerks would so systemize and 
 perfect the methods of collecting statistics that more reliable and trustworthy infor- 
 mation could l)e obtained. 
 
 Mr. SnACKLEFt)iU). Could not that work be done now by referring it to the Census 
 Bureau as established at the last session, leaving that Bureau just where it is? 
 
 !Mr. CurMPACKEK. The object of making the Census Office a permanent bureau was 
 principally to create one bureau for the collection of statistics, with the exi)ectation 
 that all statistical work would ultimately be transferred to that office. 
 , Mr. Shackleforu. Could not this business be all put in that Bureau? 
 
 Mr. CRr.MPACKER. It can all be ])ut in control of that Bureau, provided thi' amend- 
 ment to which I have referred shall be adopted. The bill as it now stands transfers 
 
598 LEGISLATIVE HISTOEY 
 
 the Bureau of Statistics, the Census Office, and several other statistical bureaus into 
 the Dei)artuient of Commerce and Labor with their functions and organization unim- 
 paired, and it provides that these several bureaus sliall continue to ju-rfoi'm the 
 duties respectively imposed upon thenr by existing law. There is no authority in 
 the bill for the elimination of a single one of these statistical bureaus, but, on the 
 other hand, the bill exjiressly makes them administrative units in the new Depart- 
 ment and continues them in existence as they are to-day. 
 
 The effect of the pending amendment will be to authorize the Secretary of the 
 Department of Commerce and Labor to reorganize that branch of the service and to 
 merge and consolidate all of the statistical bureaus into one and thus dispense with 
 a number of unnecessary organizations. A Department of the magnitude of the one 
 about to be created will necessarily be very imperfect at the l)eginning. It will 
 require time and experience to coordinate the several administrative units that are 
 included in it, and to reduce its work to a business basis. It is necessary that the 
 pending amendment be psfssed in order that the methods of administration may be 
 perfected and cheapened. 
 
 But to recur to the question of reduplication, the Geological Survey and the Census 
 Office are engaged at this time in securing statistics in relation to mines and mining 
 of identically the same character. Under the law the Census Office is charged with 
 collecting and distributing \ lese statistics. A like duty is imposed upon the Geological 
 Survey. So each of these bureaus is sending special agents into the country to the 
 same localities for the purpose of securing identically the same information to trans- 
 mit to their resjiective offices, which will be classified, tabulated, and ])ublished in 
 independent reports by these two bureaus. There is duplication of work between 
 the Census Office and the Commissioner of Navigation and the Bureau of Statistics 
 in the Treasury Department, the Chief of Engineers of the Ignited States Army, the 
 Division of Statistics in the Agricultural Department, the Department of Labor, the 
 Bureau of Education, and the Bureau of Public Health and ]\Iarine-Hospital Service. 
 There is duplication in the work of these several bureaus to such an extent that the 
 same information is collected, published, and disseminated in some instances by four 
 separate offices, each operated independently of the others. 
 
 In many res])ects the methods of collecting and tabulating the information are dif- 
 ferent, antl it leads to confusion and uncertainty. In other instances there are vast 
 discrepancies in the statistics collected by these several agencies, acting independ- 
 ently as they do. The whole situation illustrates the utter want of business methods 
 in this branch of administration. 
 
 The Census Office, under the law of 1899, was required to collect and report the 
 crop statistics of the country for the year 1899, which it did. The Statistical Divi- 
 sion of the Department of Agriculture is engaged in collecting and distributing crop 
 statistics every year. 
 
 For the year 1899 there were vast discrepancies in the reports of those two bureaus. 
 For instance, the Statistical Division of the Agricultural Department showed 
 588,296,276 bushels of corn less than the quantity shown by the Census Office, 
 147,211,375 less bushels of oats than were shown by the reports of the Census Office, 
 111,230,252 bushels of wheat less than the amount shown by the Census Office, 
 27,355,543 less tons of hay and borage than were shown by the reports of the Census 
 Office. These are a few of the most glaring discrejiancies in the reports of the statis- 
 tical offices. They are such as to discredit in a large degree the result of the whole 
 system. The idea that a difference of nearly 600,000,000 bushels of corn produced 
 in the country in a single year shown by the official reports of two statistical bureaus 
 is certainly not to l)e reconciled with anything like respectable administration. 
 These discrepancies give rise to controversies and friction among the several statis- 
 tical offices. 
 
 The Census Office, having been made permanent, is naturally the agency by which 
 statistics can best be collected and distributed for the whole Government. It is one 
 of the very best organized Bureaus connected with the Government. The work of 
 that office in taking the Twelfth Census, in relation to all that goes to make a census 
 valuable, has never l)een equaled in the history of the country. It was organized by 
 one whose capacity for executive work is acknowledged by all, and it is now composed 
 of trained and skilled statisticians and experts, and with but little, if any, addition 
 to its force, it can easily collect, classify, and distribute all of the statistics that may 
 be required. 
 
 The other offices, in my judgment, should be merged into the Census Office. This 
 is the logical thing to do, and it will disi)ense with a number of Bureaus with liigh- 
 salaried cliiefs, avoid a duplication of work and the publication of numerous reports 
 containing the same matter, and thereby save hundreds of thousands of dollars to the 
 Government and greatly simplify and facilitate the statistical methods of the 
 Government. 
 
LEGISLATIVE HISTORY 
 
 599 
 
 I will append to my remarks tables and ilocunuiits showiufj; tlir iitiinl)er of statis- 
 tical hnrenus and ollices now enii:atj;e(l in that work, rxtrarts Inini lawK showinfj; in 
 part tlnplicatitins of the work, tlu' dnplication of reports, and a tal>l(^ siiowin;,'' ilis- 
 i-repaneies lu'twi'en the Statistical Division of tlie A<,n-icnltui-al iK'partment and the 
 Census Ollice in relation to their cnn) reports for the year lS9i). 
 
 Estimate of appropriations for tlie fmyil ijcar finVnig Jiinr oO, 1904 
 
 Ofticos, bureaus, etc. 
 
 Officials 
 and em- 
 ployees. 
 
 Amount. 
 
 Census Office 
 
 Bureau of Statist its (Treasm-y Department) 
 
 Bureau of Navigation (Treasury Department) 
 
 Department of Lalxir 
 
 Bureau of Statistics ( AKiicultnral Department) 
 
 Collecting agricultural statistics 
 
 Report on Mineral Resources ((ieological Survey) 
 
 Bureau of Education 
 
 Bureau of Foreign Commerce 
 
 Public Health and Marine-Hospital Service, statistical branch (Treasury 
 Department) 
 
 661 
 
 48 
 21 
 80 
 
 33 
 43 
 
 
 SI, 178, 060 
 
 a 73, 350 
 
 26, 480 
 
 1S4,220 
 
 ''40,900 
 
 l> 109, 200 
 
 50, 000 
 
 52, 940 
 
 8, 000 
 
 4,000 
 
 Total. 
 
 970 
 
 1, 733, 810 
 
 a Includes §11,000 for the collection of facts relative to internal and foreign commerce of the United 
 States and the collection and compilation of statistics of the foreign commerce and productions of 
 Porto Rico and the Philippine Islands i^rior to 1.S9.S. 
 
 b X total of 75 employees and glo6,160 for statistics of the Agricultural Department. 
 
 Dei'i.iCATioN .\s Shown by the L.\ws. 
 
 As shown by tlic following quotations from the laws establishing these bureaus, there is necessarily 
 a duplication in their work if the provisions of the law are complied with. 
 
 MINES AND MINING. 
 
 Gcoloijiral Survey. 
 
 "Procuring of statistics in relation to mines and mining other than gold and silver." 
 
 Census Office. 
 
 " To collect statistics relating to * * * amines, mining, quarries, and minerals * * * includ- 
 ing gold and silver." 
 
 Director of the Mint. 
 
 " For the collection of statistics relative to the annual pro<luction ami consumption of (he precious 
 metals of the United Stati's." 
 
 AGRICUI.TURAI, STATISTICS. 
 
 Division of Statistics, AijriciiJtiirnl J>rjinrtmeiit 
 
 " Collecting domestic and foreign agricultural statistics." 
 
 Census Office. 
 
 " .\. census of the agricultural products." 
 
 " Collect the statistics of the cotton production of the country." 
 
 "Any additional special collection of statistics relating to agriculture * * * ilmt may be 
 required by Congress." 
 
 MANIIKACTIIRES. 
 
 Dejxirtnu III of Jjilior. 
 
 "To compile * * * an abstract of the main features of the official statistics of cities of the 
 l'iiitc<l Slates having over 30.000 population." 
 
 • To establish a system of reports bv which * * * he can report the general condition, so far as 
 production is concerned, of the leadiiig industries of the country." 
 
 "And such other facts as may be deemed of value to the industrial interests of the country." 
 
GOO 
 
 LEGISLATIVE HISTORY 
 
 C'cn^U)- Oflice. 
 
 "To collect statistics of manufactures" at five-year i)eiioils. 
 "Social statistics of cities." 
 
 Bureau of Statistics, Treasunj Department. 
 
 "And such other statistics relative to the trade and industry of the country." 
 
 "And arrange for tlie use of Congress the statistics of the manufactures of the United States, their 
 
 localities, sources of raw material, markets, exchanges witli the producing regions of tlie country, 
 
 transportation of products, wages." 
 
 Census Office. 
 
 Collects and publishes statistics concerning wages, manufactures, agricultural products, and 
 arranges them in a convenient form for jiublication. 
 
 FREIGHT RATES. 
 
 Interstate Commerce Commission. 
 
 "Such reports .sliall also contain information in relation to rates or regulations concerning fares or 
 freights." 
 " Schedules furnished by common carriers shall show rates, fares, and charges." 
 
 Division of Statistics, Aririciiltura! Department.' 
 
 "The freight charges for (he chief agricultural products ujion the principal lines of railroads." 
 
 Trnnsportallon by water — Conijxirlsons, United Slates cei)sns and ■pitblicetHons of Connnis- 
 sioner of Navigation, Bureau nf iSteitistic.'i, Treatfivnj Department, and Chief of En(ji- 
 neers, United States Army. 
 
 United States census. 
 
 Commissioner of Navi- 
 gation. 
 
 Bureau of Statistics, 
 Treasury Department. 
 
 Chief of Engineers, U. S. 
 Army. 
 
 Vessels, number, kind, 
 and tonnage. 
 
 Geographical distribu- 
 tion witli construction 
 during year, and 
 whether in foreign or 
 coastwise trade. 
 
 Number of seamen. 
 
 Crews of Great Lakes 
 steamers. 
 
 Division of labor. 
 
 Average wages. 
 
 Total wages. 
 
 Average tonnage inider 
 foreign flags. 
 
 Capital invested. 
 
 Cost of operation. 
 
 Milc'S traversed. 
 
 Total income. 
 
 Commerce on the Great 
 Lakes, kind and quan- 
 tity. 
 
 Coastwise receipts and 
 shipments. 
 
 Appropriations and ex- 
 l)enaitures for water- 
 ways. 
 
 Statistics of canals. 
 
 Vessels, number, kind, 
 and tonnage. 
 
 Geographical distribu- 
 tion, with construc- 
 tion during year, and 
 whether in foreign or 
 coastwise trade. 
 
 Number of seamen. 
 
 Crews of Great Lakes 
 steamers. 
 
 Division of labor. 
 
 Nationality of men. 
 
 Average wages. 
 
 Age of seamen. 
 
 American tonnage ini- 
 der foreign flags. 
 
 Average freight rates. 
 
 American steamship re- 
 l)0rts. 
 
 Coastwise commerce on 
 the Great Lakes, kind 
 and quantity, by 
 months. 
 
 Clearances and arrivals 
 by ports and tonnage. 
 
 Coastwise shipments 
 
 and receipts at vari- 
 
 . ous leading ports, by 
 
 kind and quantities. 
 
 Coastwise coal ship- 
 ments from New 
 York, Philadelphia, 
 and Baltimore. 
 
 Kailroad-tie shipments 
 from Brunswick, Ga. 
 
 Shipments from south- 
 ern ports of specified 
 kinds. 
 
 Shipments of flour and 
 grain from New Or- 
 leans and Galveston. 
 
 Texas petroleum ship- 
 ments. 
 
 riiosphate shipments 
 to domestic and for- 
 eign designations. 
 
 Appropriations and ex- 
 penditures for water- 
 ways. 
 
 CommerceofOhioRiver, 
 name of boat, termi- 
 nal point, tons of 
 freight, passengers. 
 
 Freiglit and passengers 
 through Portage Lake 
 and Lake Superior ca- 
 nals. 
 
 Commercial statistics of 
 American and Clana- 
 dian canals at Sault 
 Ste. Marie. 
 
 Similar statistics for 
 many parts of the 
 United States. 
 
LEGISLATIVE HISTORY 
 
 0)01 
 
 Ai/rlntltiirr — ('i»i)]>ar!KO)i of United St(tfe>t census and puhlimlions of tlie DIrision of 
 Slaiistics, Department uj' Agricidtuvc. 
 
 United States ceiisas. 
 
 NmnlHT, location, size, and 
 value of farms. 
 
 Farms classiiifd by area, in- 
 come, value of ]>r<Kluets, 
 tenure, and color and race 
 of farmer. 
 
 Value of all kinds of farm 
 )iroducts: numlier an<l 
 value of all kinds of furni 
 animals. 
 
 Farm labor and wages. 
 
 Farm machinery. 
 
 Series of reports of cotton 
 production from returns 
 of giuners. 
 
 Divisitm of Statistics, Department of Agriculture. 
 
 "No iiniiorlant clianfje in the crop-reiiortins system will l)e recom- 
 mended \iiitil the aiiproncliinK Federal census sliall liave fiirnislied 
 the l>epartiiient witli a new and delinite statistical ba.sis as to the 
 distril>ution of crop areas." (P. 51, Yearbook, IS'.iy.) 
 
 * * * "Such a statistical basis as is furnishtd by the census Ix-ing 
 iudispeiisalde to anv jirojier svstem of crop reporting." (P. 73, Year- 
 hook, lyiK) [as to Hawaii and Porto Kico]. ) 
 
 " Information as to the condition, prospects, and harvests of the prin- 
 cipal crops, and of tlie nunilters, condition, and vahies of farm ani- 
 mals, tlirough scj)aratc cori)s of county, townsliip, and cotton 
 correspondents and individual farmers, and through State agents, 
 each of wliom is assisted l)v a corps of local rejiortcrs throughout 
 the State." (P. C.CiS, Yearbook, IS'.t'.); and also of otlier years.) 
 
 "It collects, tabulates, and ]iul)lislifs statistics of ngricul'lural produc- 
 tion, distribution, and C()ns\nnption tliat authorized data fif govern- 
 ments, institutes, societies, boardsof trade, and indiviclual exi)erts," 
 (P. i'm. Yearbook, 1899; and also of other years.) 
 
 "It issues a monthly crop report." * * * (P. 6G8, Yearbook, 1899; 
 and also of otlier years.) 
 
 -Vcreage, jiroductioii, value, and distribution of farm croj)s, by States. 
 Estimate of the cotton crop, by States and Territories. 
 
 Monthly report of estimated condition of growing cotton crop. 
 
 December report of estimated probable production of cotton for the 
 year. 
 
 PiibUcaflons of different hnreatis containing a reproduction or pofiiitd r(jn-odi(clio)i of 
 
 other reports. 
 
 Bureau of Statistics, 
 Treasury Depart- 
 ment. 
 
 Commissionerof Nav- 
 igation, Treasury 
 Department. 
 
 Geological Survey. 
 
 Division of Statistics, Depart- 
 ment of Agriculture. 
 
 "The statistics * * * 
 to an increasing e.x- 
 tent from oiticial re- 
 ports made by this 
 and other divisions 
 of the public serv- 
 ice." (P. 1017, Sum- 
 mary, October, 1902.) 
 
 Chief " of Engineers, 
 U. S. A. 
 
 Uiuted States Commis- 
 sion of Fish and 
 Fisheries. 
 
 Treasurer of the 
 United States. 
 
 Comptroller of the 
 Currency. 
 
 Director f>f the Mint. 
 
 I)ivisi07iof Insular Af- 
 fairs, War Depart- 
 ment. 
 
 Bureau of Statistics, 
 Treasury Depart- 
 ment. 
 
 United States Census. 
 
 United States Hydro- 
 graphic Office, Navy 
 Department. 
 
 Revenue-Cutter Serv- 
 ice. 
 
 Light-House Board. 
 
 United States Census. 
 
 Bureau of Statistics, 
 Treasury Depart- 
 ment. 
 
 Commissionerof Nav- 
 igation. 
 
 Director of the Mint. 
 
 United States Engi- 
 neers. 
 
 United States Census. 
 
 Commissioner of General 
 Land Office. 
 
 Bureau of Foreign Commerce, 
 State Department. 
 
 "Tables showing the acreage 
 and i)roduction of ])otatoes, 
 hay, and cotton in 1901, left 
 blank in tliis book, and the 
 number and value of farm 
 animals on January 1,1901, 
 and 1902, not given now, 
 will shortly be published in 
 circular form. Their non- 
 appearance in the present 
 Yearbook is due to the fact 
 that that revision of the 
 Department's estimates 
 which usually follows upon 
 the iMiljlication of the re- 
 ports of the decennial cen- 
 sus, and which has Ijeen 
 made in the case of cereals, 
 could not be completed in 
 time for the Y'earbook with- 
 out unduly delaying its 
 publication." (Note on p. 
 740, Y'earbook, 1901.) 
 
602 LEGISLATIVE HISTORY 
 
 Com])tirlxo)iii (if U)iil('<J St((tes Crii.sns cmd /)iihl!c<iti(iiis of J)epftrtmcui of Ldhor. 
 
 United States Census. 
 
 Social statistics of cities. 
 
 Industrial condjinations. 
 
 INIanufaeture (if j<as. 
 
 Electric light and power plants. 
 
 Special inquiry concerning street rail- 
 ways. 
 
 Special report on glass. 
 
 Special report on inm and steel. 
 
 Siiecial reixivt on textiles. 
 
 All fiiur volumes of manufactures. 
 
 Special report on rates of wages. 
 
 Special inquiry concerning ndnes and 
 quarries. 
 
 Department of Labor. 
 
 Statistics of cities. 
 
 Industrial combinations. 
 
 Water, gas, and electricdight plants. 
 
 Convict labor. 
 
 Railroad labor. 
 
 Cost of production of textiles and glass. 
 
 Cost of production of iron and steel and the materials of 
 
 which iron is made. 
 Work and wages of men, women, and children. 
 Rates of wages and hours of labor in commercial countries 
 
 (compilation of Department ligures and data from reports 
 
 of labor bureaus and other official sources). 
 The Alaskan gold fields. 
 
 Mines and quarrie!< — Comparisons of United State 
 
 Survey. 
 
 CensKs and pahUcations of (leologicnl 
 
 United States Census. 
 
 Character of organization. 
 
 Capital stock, bonds, and dividends. 
 
 Persons employed, above and below ground. 
 
 Total paid in wages or .salaries. 
 
 Number of employees at si>ecified daily rates of 
 
 pay. 
 Average number. '' 
 
 Time in operation. 
 Contract work. 
 
 Total co.st of materials and supplies. 
 Miscellaneous expenses. 
 Total quantity mined. 
 Power ownc<l or rented. 
 Classilication, quantities, and value of products, 
 
 same as Geological Survey. 
 Special reports on petroleum, coke, clay products, 
 
 and salt. 
 
 Geological Survey. 
 
 Total quantity prodiiced. 
 
 Total value. 
 
 Number of mines. 
 
 Tons of coal shipped. 
 
 Coal sold to local trade or used by employees. 
 
 Used at mine for steam and heat. 
 
 Made into coke. 
 
 Number and kind of machines and lirms using 
 
 machine-mined coal. 
 Average price of coal per ton. 
 Average number of days active. 
 Average number of employees. 
 Coal mined by counties. 
 For most all other minerals only ijuautity and 
 
 value. 
 Classification, quantities, and values of products, 
 
 same as Census Office. 
 Statistics of petroleum, coke, clay products, and 
 
 salt. 
 
 Vifid stdtisfirs — Comparisons of United States Census Office and jmblicatioiis of the Public 
 Health and Marine-Hospital Service, Treasury Departvieid. 
 
 United States Census. 
 
 Public Healtli and Marine-Hospital Service. 
 
 Number of births, by States, color, and 
 
 parentage. 
 Number of deaths, by locality, age, sex, 
 
 .occupations; percentage and cause. 
 Annual reports of vital statistics to be 
 
 made under census act. 
 
 Reports of deaths in States and cities with number by con- 
 tagious diseases. 
 
 Weekly mortality table for cities of United States, statistics 
 for which are returned on schedules sent out for the pur- 
 pose. 
 
 Special statistical treatment of smallpox, plague, cholera, 
 and other contagious and infectious diseases. 
 
 JDeaf and blind — Comparisons of United States Census iiith publications of Bureau of 
 
 Education. 
 
 United States Census. 
 
 Sex, age, nativity, occupation, color, 
 conjugal condition of deaf, and 
 cause of deafness. 
 
 Can person hear with tube, trumpet, 
 or mechanical appliance? 
 
 Has he attended or does he now attend 
 school? If yes, where? Kind of 
 school, if .special, to be specified; if 
 other, write "common school," 
 "high school," etc. 
 
 Substantially the same for the blind. 
 
 Bureau of Education. 
 
 Statistics of State institutions for the education of the deaf. 
 Number of institutions by States and Territories. 
 Instructors by sex. 
 Methods of teaching — articulation; auricular perception; 
 
 industrial department. 
 Number of pupils by sex and by what method taught: luim- 
 
 ber of graduates. 
 Volumes in library. 
 Annual cost yier capita. 
 Value of scicntilic apparatus. 
 Value of grounds and buildings. 
 ICxpenditiuxs for liuildiiigs and improvements. 
 IvxiH/nilitures for su|i]iort. 
 
 Statistics of public and private schools for the deaf. 
 Statistics of the blind, substantially the same as for deaf. 
 
LEGISLATIVK HISTORY 
 
 G(T3 
 
 Compunilliy KlKtli^tirn of Ihr Cetisiutand the StntiMical Dlrlslon of tin' Fiiilrd States Ihjxivt- 
 
 menl of Agriculture, 1S90. 
 
 rnwliU'ts. 
 
 Unit of 
 luoasure. 
 
 Census. 
 
 Afirieultural 
 Department. 
 
 Diffcrenee, 
 
 using eensus 
 
 figures as 
 
 the basis. 
 
 
 Bushels... 
 do.... 
 
 119,634,877 
 
 11,233,515 
 
 2,666,440,279 
 
 •19,534,707 
 
 19, 979, 492 
 
 ('84,011,299 
 
 49, 209, 704 
 
 9 13, 3S9, 375 
 
 273, 328, 207 
 
 25, 508, 625 
 
 793, 353 
 
 <• 80S, 103, 275 
 
 658, 534, 252 
 
 73, 382, 000 
 
 11,094,473 
 
 2,078, 144, OUO 
 
 " 9, 142, 838 
 
 20, 086, 000 
 
 b 56, 055, 7.56 
 
 42,354,000 
 
 796, 178, 000 
 
 228,783,232 
 
 23,962,000 
 
 794, 658 
 
 •■868,163,275 
 
 547,304,000 
 
 - 40,252,877 
 
 
 139,042 
 
 
 do.... 
 
 -.588, 296, 279 
 
 CottDH 
 
 Kales 
 
 Bushels... 
 
 Tons 
 
 rounds... 
 Bushels... 
 do.. 
 
 - 391,869 
 
 Flaxseed 
 
 Hay ami forui^e 
 
 + 106, .508 
 
 - 27,355,543 
 
 - 6,850,704 
 
 Oais 
 
 -147,211,375 
 
 
 - 44,544,975 
 
 - 1,606,625 
 + 1,305 
 
 
 do 
 
 
 Tons 
 
 rounds... 
 Bushels... 
 
 
 
 Wheat 
 
 -111,230,252 
 
 
 
 « Comparison made in commercial bales. 
 
 ''The Department of Agriculture did not include forage. 
 
 •■ The Department of Agriculture used figures of the Censu 
 
 Mr. CrU-MPACKER. Mr. Chairman, I would ask if there ha« been an order luadi' for 
 the extension of remarks in the Record? 
 
 Mr. llEfiu RX. There has been 8Ui'h an order made. 
 
 Tlie C'n.viuMAX. I am informed that a general order has been made to that effect. 
 
 jNIr. Cki'mi'acker. Then I will avail my.self of that order to put in sliape these 
 various tal)les which I have. 
 
 The Cii.viR.MAN. "Without objection, the amendments will be considered together. 
 
 There was no objection. 
 
 The Chairman. The question is on the amendments offered by the gentleman 
 from Illinois. 
 
 The amendments were agreed to. 
 
 Mr. CowHEKi). ]\Ir. Chairman, I offer an amendment which I will send to the desk 
 and ask to have read. 
 
 The Clerk read as follows: 
 
 Insert in line 18, page 10, after the word "latter," the following: "The Director of the Census to 
 receive a salary of S4,000 per annum." 
 
 Mr. ]\I.vNX. ]Mr. Chairman, on that I make the point of order. 
 
 ^Ir. Cowherd. I supposed the gentleman would do so. I desire to be heard on 
 that, Mr. Chafrman, if the gentleman irom Illinois does not desire to discuss his point. 
 
 The CiiAiKM.\x. Does the Chair understand that the gentleman from Illinois reserves 
 the point of order? 
 
 Mr. Manx. I am perfectly willing to reserve it. 
 
 ]\Ir. Cowherd. I wish to be heard on the point of order. 
 
 The Cn.viRMAN. The Chair will hear the gentleman from Illinois. 
 
 i\Ir. ^[axx. ^Ir. Chairman, I take it that that amendment is not germane to this 
 bill. The only reference in the bill to the Census Office is to transfer the Censiis 
 Office bodily from the Interior Department to the proposed new Department. It is 
 not a bill fixing salaries or regulating sahiries in any way whatever in the sense it is 
 offered, and I do not see how a ])roposition to review the law creating the Census 
 Bureau would be germane to a bill merely proposing to transfer an entire department 
 from one executive branch of the Government to another. 
 
 Mr. CRi'MrACKER. INIr. Chairman, I would suggest an additional thought on that 
 question. This bill is for the purpose of creating a Department of Commerce. As 
 was said l>y the gentleman from Illinois, it does not go into the subject of revising 
 salaries at' all. It l)ecame necessary to fix the salaries for the new offices created, 
 and to that extent it deals with the salary question. Beyond that it does not go. 
 Tlie Census Ofiice is incorporated into tlie Department of Connnerce with its func- 
 tions and organization unimpaired. The salaries are fixed by an independent law, 
 and it occurs to me that the proposition now to go into the sul)jcctof revising salaries 
 in the Census Buri'au, or the salary of the Director of the Census or any of the offi- 
 cers included within that Bureau, is not germane. It is an incidental eul)ject. As 
 well might we go into the subject of fixing the salaries of thechiefsand subordinates 
 of all the other bureaus that are tnuisferred to the Department of Commerce by the 
 force of this bill. The idea of the bill is first to create a Department of Commerce 
 
G04 LEGISLATIVE HISTORY 
 
 and to ])rovide what luireaus shall become parta of that Department and, second, to 
 define the functions of the Department and these respective bureaus included therein 
 and to create salaries siuiply for the new ofiicers that are made necessary to carry 
 out the pur^iose of the Ijill. Therefore the sul)ject of amending the laws and fixing 
 the salaries that are already fixed, it appears to me, is clearly out of order. 
 
 Mr. Cowherd. Mr. Chairman, the gentleman must imderstand that this is not 
 a general appropriation bill. This is a bill creating a new department. This is 
 original legislation. 
 
 This Ijill takes the Census Bm-eau as it stands now and transfers it to this Depart- 
 ment and puts it under another head. And they might add other official duties to 
 that Census Bureau by that bill, or they might take them away. They do take 
 them away. In this particular bill they provide for a bureau that shall have charge 
 of manufactures and the gathering of manufacturing statistics, taking it directly 
 away from the Census Bureau,' as it stands to-day. They jirovide for the gathering 
 of statistics in regard to corporations. That is done in part by the Census Bureau 
 to-day. Will the gentleman pretend to say that they will come here with a bill that 
 creates a bureau, regulates it, and may increase it or diminish it, and yet that jou 
 can not fix a salary? 
 
 This bill fixes salaries. It fixes the salary of the head of nearly every other 
 bureau in that Department except this one Bureau of the Census, and it does not fix 
 that salary because the salary is already so high that they know they can not fix it 
 any higher. 
 
 Now this is on the point of order, and I say that this House has the right when 
 this bill is up before it, and this proposition for original legislation is up before it, 
 that the majority of this House has the right to change, alter, or amend that salary, 
 or any part of that census law affecting his duties, in any way it pleases. 
 
 The Chairman (Mr. Lawrence). This is a bill to estaljlish a Department of Com- 
 merce and Labor. It is not a general appropriation bill; it is new legislation. It 
 creates new offices and fixes salaries. It transfers certain de])artments and certain 
 officials to this new Department of Commerce. In section 12 it gives the Secretary 
 of State the power to designate a certain person who shall perform certain duties, and 
 in that connection gives him the rank and salary of a chief of a bureau. It is new 
 legislation, creates new oflicials, creates new salaries, and the Chair is of the opinion 
 that an amendment changing the salary of any official who is transferred to this 
 IBureau is in order. The Chair therefore overrules the point of order. 
 
 Mr. Cowherd. Mr. Chairman, I want to be heard just for a moment on the merits 
 of the amendment. As I have said, this bill creates several bureaus in this Depart- 
 ment, several different bureaus of statistics. Toeachof theseofficialsitgivtsasalary. 
 Here is the head of the great Bureau of Labor transferred to this new Department of 
 Commerce. That Bureau of Labor has charge of possibly the most important matter, 
 in the number of people affected, in the amount involved as far as money is concerned, 
 if we take into consideration the compensation paid for labor. The head of thatgreat 
 Bureau, with the great responsibility imposed upon him, is given $4,000 per annum. 
 Here is the Bureau of Manufactures, a bureau of great importance, if it is to amount 
 to anything. 
 
 ]Mr. Hepburn. Do I understand the gentlemen to say that the compensation of the 
 Commissioner of Labor is $4,000? 
 
 Mr. Cowherd. Four thousand dollars or $4,500, I do not remember which. 
 
 Mr. Hepburn. Is it not $6,000? 
 
 Mr. Cowherd. In this bill? 
 
 Mr. Hepburn. No, sir; provided for by law and not changed in this bill. 
 
 Mr. Cowherd. 1 understand it is in this bill, if I remember rightly. 
 
 Mr. Hepburn. Oh, no. 
 
 Mr. Cowherd. I may be mistaken -with regard to that. I would not pretend to 
 the familiarity that the gentleman has with the bill? 
 
 Mr. Hepburn. I think there is no salary fixed in this bill, excepting for the new 
 ofiicers. 
 
 Mr. Mann. If the gentleman will pardon me 
 
 Mr. Cowherd. If the gentleman says that is true, I will accept his statement, 
 because I know he is far more familiar than 1 am with the provisions of the bill. 
 
 Mr. Mann. The salary of the Commissioner of Labor is fixed by the act creating 
 the Department of Labor at $5,000, and that salary is not interfered with. 
 
 Mr. Cowherd. Then that salary will stand at $5,000 for that great officer; and the 
 man who has charge of gathering the census statistics, a large part of which are 
 taken away from him in this bill, is to get $6,000. If gentlemen want to support 
 that kind of discrimination and distinction 
 
 Mr. Little. Against labor. 
 
LEGISLATIVE HISTORY 005 
 
 Mr. C'owiiKun. A distinction aprainst labor, as sugfjested 1iy my friend on my left, 
 whv, tlicu, they can do it. Hero ia tho Bnroan of Insurance, lint that I believe lias 
 <r()iu> out. I liTe is the Huri'au of ]\huiufacturcs, the head of wliich receives tlu'salary 
 of ?4,()00. Here is the Bureau of Corporations with a salary of $4,000. 1 do not 
 know wiiat others are included, as 1 have not hail opportunity to go over the bill 
 for tlie puri)0!-.:e of collating: these facts. The point I make 
 
 Mr. Mann. There is nothing: el.^^e. 
 
 jMr. CowiiKKU. The i)oint 1 make is this: That liere are all these <j;reat bm-eans in 
 this IViiartnieiit, and not one of tiiem, so far as I can find, has the salary or any- 
 tiiiuir like tiie salary jj:iven tiie head of the Census Bureau. Now, wliat reason can 
 be friven tiuit this oflicer should liave so nuich greater salary than any other head 
 of a l)nrean? 
 
 Mr. JoNKS, of AVashington. I want to suggest to the gentleman tiiat in section 2 the 
 Assistant Secretary gets $5,000. 
 
 Mr. CownKRO. I was looking for that. I was looking for the assistant's salary 
 created and provided for in this very bill; and he is to receive a salary of $5,000 as 
 ])rovide(l in section 2, that we have already passed. I submit to the House tiiat the 
 House in creating this Deimrtment can not afford to make these distinctions in the 
 very Deimrtment itself. There never was a good reason for giving the liead of a 
 liureau $(),000. It is unfair to all the otlier heads of the great bureaus of tiiis (iov- 
 ernment, and we can not correct it on an aiii>ropriation bill. We know we will never 
 be given a cluun'C to do so in an original l)ill brought in by the committee in charge 
 of the Censu.s Bureau; and therefore let us take the opportunity when it is here and 
 make the jiroper correction in this salary. [Applause.] 
 
 Mr. ^Iann. The gentleman from INIissouri is mistaken in the last statement he 
 makes, because it is in the power of Congress at any time, on an apjiropriation bill, 
 jiractically to reduce the amount of salary, notwithstanding what the law may pro- 
 vide; an(i we remember that on appropriation bills constantly there is carried a 
 smaller amount of salary than the law provides shall be paid. So that it is within 
 tlie })ower of Congress at any time, and this identical question was raised before this 
 House less than a month ago upon the legislative appropriation bill by the same gen- 
 tleman who raises it now. We have not proposed in this bill to disturl) or rearrange 
 a salary. It is not the province of the committee which reports tlie bill to do that. 
 It ought not to l)e the duty of the House to do it upon the consideration of this bill. 
 It is immaterial to me what the salary of the Director of the Census shall be, except 
 so far as may be proper for the public good. This is not the time or ^ilace 
 
 ]\Ir. Cowherd. Will the gentleman yield to me for a question? 
 
 Mr. INIaxx. Why, certainly. 
 
 Mr. Cowherd. I understand the gentleman says that I made the motion to reduce 
 the salary before, and it was held good on an appropriation l)ill. Now, I ask the 
 gentleman if it is not a fact that the gentleman from Indiana, an<l, I think, the gen- 
 man from Illinois, made the argument that even if on an appropriation bill you did 
 reduce the salary in making the appropriation, that the party still under the law 
 would be entitled to $6,000 and could go into the Court of Claims and get a judgment 
 for it? 
 
 Mr. Mann. If the gentleman wants my recollection, my recollection is that they 
 di<l not make that argument. 
 
 Mr. CowTiEKD. On the floor of this House. 
 
 Mr. ]\Iann. But whether they did or not, it is not a correct statement. Tliere are 
 jilenty of cases upon the statute books now where an appropriation is mado f()r less 
 than the amount provided by law on salaries, and on every one of tiie ajipropriation 
 bills, and the ajipropriation bill wliich we were considering, it is provided tliat the 
 gentleman who takes the salary should receive it in full, and the chairman of tho 
 committee, upon the gentleman's motion, decided that it was in order. So that tho 
 gentleman's contention is entirely erroneous. 
 
 Mr. Cowherd. The gentleman does not toucli the point. He decided it was in 
 onler to vote a less amount of money in an approi)riation bill to pay the salary. The 
 point made was that you can not change the existing law, whicli fixed the salary at 
 that amount, on an apjiropriation bill; and in that decision he decided that you can 
 not change the law, Viut it was simply a matter of apjiropriation. [Applause.] 
 
 Mr. AIaxn. The gentleman from Cincinnati, witli his usual high knowledge on 
 great (luestions.of ajipropriations, api)lauds the idea of the distinguished gentleman 
 from Alissom-i. Kvery ai>propriatioii liill contains a provision that the person taking 
 the salary shall receive it in full. 
 
 Mr. SiiA'nrc. Will the gentleman yield to me for a question? 
 
 Mr. Manx. I am always delighted to yield to the distiiiguislu^d gentleman. 
 
 Mr. Shattuc. Some time ago when we weie making provisions for the Civil Service 
 
60G LEGISLATIVE HISTORY 
 
 Commission, it was decided hy all the constitutional lawyers on that side of the House 
 that if you cut out the salaries of that Commission they could go to the court and get 
 their salaries. The gentleman from Ohio [Mr. Grosvenor] proclaimed that as cor- 
 rect, and I have as much confidence in his judgment as 1 have in the gentleman's 
 judgment. 
 
 Mr. Manx. The gentleman says that he confides in the judgment of the gentleman 
 from Ohio as better than mine. If his judgment on other questions were half as good 
 as is his judgment as to our respective judgments, his judgment in this case would be 
 changed. [Laughter.] It is undoubtedly true that if any salary were stricken out 
 of the appropriation bill the officer could go to the Court of Claims to have the salary 
 allowed as fixed by law; but when he receives the reduced salary it is taken in full. 
 Now, I ai:)peal to the House not to enter upon the question of fixing salaries upon 
 this bill. That is a matter within the control of the House at any time. It is unfair 
 to all gentlemen interested, not only to the most able Director of the Census, 1)ut all 
 other gentlemen interested in the salaries of the different departments to enter upon 
 that question upon this bill; and I hope the amendment of the gentleman will not 
 prevail. [Applause.] 
 
 Mr. MoRKis. Mr. Chairman, it does not make any difference to me whether the 
 salary of an officer can be changed in an appropriation bill at any time or not. The 
 question before the House is whether or not on this l)ill the salary of the Director of 
 the Census shall be reduced fi-oni $6,000 to $4,000 per annum. 
 
 Now, Mr. Chairman, when we organized the jiermanent Census Bureau that 
 question was fully and fairly and completely discussed in the House. The important 
 cluties and responsibilities of that officer were carefully gone over and his salary was 
 fixed, after careful consideration by this House, at the amount at which it now 
 stands. It seems to me to be eminently unfair and eminently improper that when a 
 measure is brought in here dealing with an entirely different subject, and having 
 nothing to do with the salaries of any officers except those created by the bill, you 
 should single out that most efficient officer, whose management of that Bureau is 
 universally recognized as the best it has ever had, the Dii^ector of the Census, to be 
 the man whose salary is to be cut down in a l)ill in which it can be given no proper 
 consideration. I protest that this should not be done. 
 
 Mr. Hay. Mr. Chairman, I simply want to say that I do not see why the Director 
 of the Census should be chosen for "the purpose of having his salary reduced in this 
 bill. There ai'e others whose salaries are equally as high. The duties of the Director 
 of the Census are most imi:)ortant. He has under his control a very large number 
 of clerks, and the argument of the gentleman from INIissouri that certain statistics are 
 to be taken from him and placed under some other bureau, I do not think, n))on 
 examination of this bill, can be maintained. All of tlie statistics which tlie Director 
 of the Census now has he will retain, and in all probability a great many more will 
 be placed under his charge. 
 
 Now, the Director of the Census is not the only man in the Government bureaus 
 who gets $t),000 a year for presiding over a bureau, some of very much less inqior- 
 tance than that which is jjresided over by him. I do not think it fair in a bill of this 
 character to inject an amendment for the purpose of reducing one man's salary and 
 not others. If you want to make them all uniform, introduce an amendment making 
 them all uniform, and do not pick out one man and undertake to make him suffer 
 for I know not Avhat. 
 
 Mr. Crumpacker. Mr. Chairman, I have a few figures that I want to submit on 
 this amendment. The gentleman from INIissouri instituted a comparison between 
 the work of the Census Bureau and the Bureau of Labor, which lie said was of 
 vastly more importance than the Census Bureau. I have before me the number of 
 employees in these respective bureaus. To-day the Census Office has 661 employees 
 or clerks imd suliordinates, over whom the Director has control, and the Commis- 
 sioner of Labor has charge of 80 employees only. Everybody in the House knows 
 something about the stupendous work of the Census Bureau. 
 
 Mr. Cowherd. Will the gentleman allow me an interrujition? 
 
 Mr. Crumpacker. Certainly. 
 
 Mr. Cowherd. How many men has the Chief of the Bureau of Pensions under him? 
 
 Mr. Crumpacker. I do not know — fifteen or sixteen hundred, I believe. 
 
 Mr. Cowherd. Double as many as the Chief of the Census Bureau, and he does not 
 get as much salary. 
 
 Mr. Crumpacker. There is a radical difference between the function^ of the Director 
 of the Census and the Commissioner of the Bureau of Pensions. The Pension Office 
 is ministerial from beginning to end, while the Director of the Census in a large degree 
 exercises discretionary functions. His work is of vast and varied character, relating 
 to all of the activities of our civilization almost, and every member of this committee 
 
LEGISLATIVE HISTORY GOT 
 
 knows the anUions and rosponsil)le work rtMiuirt'd in organizinj^ the Census Ollice for 
 tlic jnirpose of takiufitlie recent census, when tlicre were for several years in that 
 ilei)artnient over i^,'>00 clerks. 
 
 If I have anv correct appreciation of the value of this measure, it will result in coni- 
 bininj; l)ractically all the statistical work in the Census Ofhce. It is to be essentially 
 a statistical (le])artinent. Tlie head of tlu' liureau that collects statistics Avill occujjy 
 a more res])onsil)le and imixirtant and more onerous i)osition than the hca<l of the 
 department or of most any other bureau. 
 
 .Mr. Tawnkv. Will tlu' gentleman allow mi' a (|uestion? 
 
 'Sir. ClU.Ml'AlKKK. Yt'S. 
 
 Mr. Tawnkv. The gentleman from Indiana is a member of the Census Connnittee. 
 Can he state to the House how the present Census Bureau, under the present Director, 
 compares with the i)revious Census Bureau, both as to the time in which it di<l the 
 work and the manner in which it was done? 
 
 Mr. Cur-Mi'-vcKKK. Tlie judgment of all the interests of the country is that it far 
 suri>asses the work < )f the Eleventl i Census, and has never been excelled, if ever etpialed, 
 bv any census that the Government has taken. 
 
 "Jlr. BiKi.KsoN. 1 would like to ask the gentleman if it is not a fact that it has been 
 more exjieditious and accurate than any other census we have taken? 
 
 ]\Ir. CuiMi'ACKKU. That is a fact. 
 
 Tlie CuAiKMAX. The question now is on the amendment offered by the gentleman 
 from [Missouri [^Ir. Cowherd]. 
 
 The question was taken; and on a division (demanded by [Mr. Cowherd) there 
 were 26 ayes and 73 noes. 
 
 Mr. Cowherd. ]Mr. Chairman, 1 move now to amend by adding after the word 
 "latter," in line 18, page 10, the words "the Director of the Census shall receive 
 $5,000 ]ier annum." 
 
 [Mr. Hav. I rise to a point of order. Tiiis amendment, 1 understand, is the same 
 as one already voted on. 
 
 [Mr. Cowherd. Oh, no. The other amendment proposed a salary of ?4, 000; tliisis 
 for ^5,000. 
 
 [Now, [Mr. Chairman, just one word upon this proposition. I presume the gentle- 
 men wlio have reported this bill do not wish to provide for a Director of Census as a 
 sul)ortlinate of this assistant secretary and to give him a larger salary. 
 
 A[Memher. Why not. 
 
 [Mr. [Manx. Let me say for the gentleman's information that there are a great many 
 officers connected with the Treasury Department, and under the Assistant Secretary 
 of the Treasury, who receive a uuich larger salary than that ofticer. 
 
 [Mr. Cowherd. What do the chiefs of bureaus receive generally? What is the gen- 
 eral salary? 
 
 [Mr. [M.Cxx. There is no such thing as a general salary. Some receive §3,000, some 
 $4,000, some $5,000, some $6,000. 
 
 [Mr. Cowherd. Is not the average sftlary of a chief of bureau $2,500 or $3,000? 
 
 [Mr. [Maxx. The Commissioner of Internal Revenue receives $6,000; and even the 
 Librarian of Congress receives $6,000. 
 
 [Mr. ilEriiiRX. Allow nie to ask the gentleman from [Missouri [Mr. Cowherd] 
 whetluT he did not vote for the legislation which fixed the salary as it is now fixed 
 for this otiicer? 
 
 INIr.. Cowherd. I really do not remember. I do not know that there was any 
 formal vote. 
 
 [Mr. Hei'iu-rx. We did not have the yeas and nays upon the question; there was 
 an attemjit made to secure the yeas and nays, and only a few gentlemen in the House 
 rose in favor of tliat demand. 
 
 ^Ir. Cowherd. [My remembrance is, as T was against the bill creating the permanent 
 Census Bureau, that I voted in the negative on this iiuestion. 
 
 Mr. Bi-Ri-Ksox. If the gentleman dill vote to fix the salary at the present figure, 
 why does he now seek to cut it down when the labors of the Bureau are being con- 
 stantly increased? 
 
 [Mr. Cowherd. I do not believe the gentleman's statement that the labors of this 
 officer are constantly increasing can be borne out by the fact. 
 
 [Mr. BrRi.Esox. Tlie records of Congress sustain the proposition. 
 
 [Mr. Cowherd. I believe, if the facts were known, it would appear that the labors 
 of this Bureaii are at this time exceedingly light. 
 
 [Mr. r.rRi,h>;oN. They are being constantly iucrea.sed. 
 
 [Mr. Cowherd. They are not increased, but decreased by this bill. 
 
 The Chairman. The question is on the amendment offered by the gentlemen from 
 Missouri [Mr. Cowlierd]. 
 
608 LEGISLATIVE HISTORY 
 
 The question being taken, the amemhnent was rejected, there being, on a divi- 
 sion — ayes 42, noes 56. 
 
 The Chairman. The Clerk will now read the next section of the bill. 
 The Clerk read as followt^: 
 
 Sec. 5. That there shall be in the Department of Commerce and Labor a bureau to be called the 
 Bureau of Manufactures, and a chief of said Bureau, who shall be ai>ii()iuted by the President, and 
 ■who shall receive a salary of i4,000 per annum. There shall also l>e in said Bureau one chief clerk 
 and such other clerical assistants as may from time to time be authorized by Congress. It shall be 
 the province and duty of said Bureau, under the direction of the Secretary, to foster, promote, and 
 develop the various manufacturing industries of the United States, and uiarkets for the same at 
 home and abroad, domestic and foreign, by gathering, compiling, publishing-, and suiiiilyiiig all 
 available and u.seful information concerning such industries and such markets, and by such other 
 methods and means as may be prescribed by the Secretary or provided by law. And all consular 
 officers of the United States, including consuls-general, consuls, and commercial agents, are hereby 
 required, and it is made a part of their duty, under the direction of the Secretary of State, to gather 
 and compile, from time to time, useful and material information and statistics in respect to the sub- 
 jects enumerated in section 3 of this act in the countries and places to which such consular officers 
 are accredited, and to send, under the direction of the Secretary of State, reports as often as required 
 of the information and statistics thus gathered and compiled, such reports to be transmitted through 
 the State Department to the Secretary of the Department of Commerce and Labor. 
 
 Mr. Mann. I offer the amendment which I have sent to the desk. 
 The Clerk read as follows: 
 
 Amend section 5 by striking out in lines 3 and 4, on page 12, the words " one chief clerk and,'' and 
 in line 4 the word " other." 
 
 The amendment was agreed to. 
 
 Mr. SuLZER. I desire to offer an amendment; and I ask unanimous con.sent for 
 ten minutes to address the connnittee upon it. 
 
 The Chairman. The gentleman from New York [Mr. Sulzer] asks unanimous con- 
 sent to address the committee for ten minutes. Is tliere ol)jection? The Chair 
 hears none. 
 
 Mr. SuLZER. I now offer the amendment which I ask the Clerk to read. I propose 
 that it come in as section 6. 
 
 Mr. Corliss. I make the point that the sixth section has not yet been read. 
 
 The Chairman. The Chair will state that section 6 has not yet been read. 
 
 Mr. SuLZEK. This is designed to follow section 5. 
 
 The Chairman. Then the gentleman offers it as a new section. 
 
 Mr. SuLZER. Yes, sir. 
 
 The Clerk proceeded to read the following amendment proposed by Mr. Sulzer: 
 
 Sec. 6. That there shall be established in the Department of Commerce and Labor a bureau called 
 the Bureau of Corporations, and a chief of said bureau, who shall be appointed by the President, by 
 and with the advice and consent of the Senate, and who shall receive a salary of" $4,000 per annum. 
 There shall also be in said bureau one chief clerk and one auditor and such number of examiners as 
 shall be needed to carry out the purposes of this act. Said auditor and examiners shall be expert 
 accountants, and shall be paid salary and necessary expenses. There shall also be such other cleri- 
 cal assistants as may from time to time be authorized by Congress. It shall be the province and 
 duty of said Bureau of Corporations, under the direction of the Secretary of C(Mnmcrce and Labor, to 
 inspect and examine all corporations engaged in interstate or foreign cnmmerce by .cathoring, com- 
 piling, publishing, and supplying all availableand useful infurnintion concerning such cdrpdrations, 
 including the iniinncr in which their business is conducted, and by such other methods and means 
 as may be prcscril)cd by the said Secretary. 
 
 Every corporation governed by this act .shall make annual reports in writing to the said auditor of 
 said bureau, and such report shall in all cases include: 
 
 (a) Capital antlmrizcd and issued; the amount paid up in cash or otherwise, with a statement of 
 the niethnd of iiaying where it is not in cash. 
 
 (b) Debts, including details as to the amounts thereof and security given therefor, if any. 
 
 (c) Obligations due from officers, which shall be seiiarately stated. 
 
 (d) A statement of assets and the method of valuing the same, whether at cost price, by ftpi)raisal, 
 or otherwise, and of the allowance made for dcpreciatidn. Small items of personal property in- 
 cluded in a plant may be descrilicd liv the term " sundries" or like general term. 
 
 (e) Gross enrnings iorthe jicridd cdvcrcd liy tlie report, all deductions necessary forinterest, taxes, 
 and expense of all sorts, the surplus available for dividends, and dividends actually declared. 
 
 (f) Increase of assets since the last statement, with a showing in what way such increase has been 
 secured. 
 
 (g) The names and addresses of stockholders, with the number of shares held by each at the date 
 of the report. 
 
 (h) The amount of .stock dispo.sed of and the amount of property taken for stock sold since the last 
 report, with all facts necessary to show the results of the transaction. 
 
 (i) A statt'ment showing that the coriioration in (piestion has not, during the period covered by 
 the said rcijort, received any reliales. drawliacks. siiecial rates or discriminations, advantages or 
 preferences, liy money payments or otherwise, from any railroad, pipe line, water carrier, or other 
 transportation company, or if any such have been received or given, stating when, from whom, on 
 what account, and in \vhat manner tlicy were so received, with all other details necessary to a full 
 understanding of tlie transaction or transactions. 
 
 (,i) The names and addresses of all otlicers; location of transfer or registry offices, wherever located. 
 
 (k) Astatement that tlie coqioration has not fixed prices, or done any other act with a view to 
 restricting trade or driving anv compi'titor out of business. 
 
 (1) A statement that tlie eoriioration is or is not a party to any contract, combination, or conspiracy 
 .in the form of trust or otlierwise in restraint of trade or commerce among the several States or 
 Territories or witli foreigTi nations. 
 
 (m) A statement vi the proportion of goods going into interstate commerce. 
 
LEGISLATIVE HISTORY 609 
 
 Tlint. it shall be the duty of the auditor to prcseriho the form of the reports before mentioned. He 
 may in his discretion require ailditidual rt'ports at any time when he may see lit, upon reasonable 
 notice; lait liis dclcriuinatiou sliall lie jirinui facie jiroof that the notice is reasonable. He may also 
 require supplemental rcimrts whcTicvcr, in his ju(l,y:mcnt, the report rendered is in any particular or 
 l>articulars insufficient, evasive, or anilii^uous. He may prcscrilie rules so as to avoid undue detail 
 in makinj,' reports, liut no detail of the l>usinoss of the corpuratiun shall be considered private so as 
 to be exempt from the examination of the auditor whent'ver he may demand report tliereon. He 
 shall make public in his reports, which shall be issued annually, all the information contained in the 
 reports so made to him. When a report has been made by a cnrporatiou, and, with all sup]ilemental 
 and additional reports required by the atiditor, shall have been approved by him, tlie corporation 
 miikini,' such report or reports shall publish the same in a daily newspaper, after the usual custom in 
 stu'h cases, with the auilitor's miiuites of approval, and shall file with the auditor proof of such pub- 
 lication by tlie publisher's certilit-ate. 
 
 That if any corporation shall fail to make a report when required, either by the terms of this act or, 
 when retiuired, by tlie auditor, as herein provided, said corporation shall be fined not less than Iper 
 cent or m it nn ire than 10 percent of its last annual ijross earnin,i,''s f( ir each offense. Every day of failure 
 aftera written ilemand has been made by the anditdr sliall constittUe a separate and distinct olfense. 
 In case of failure, also, each of the directors of the said cnrporatiou shall Ije ineligible, for the year suc- 
 ceeding the next annual meeting, to hold either directorsliip or any other oflice in the said corporation. 
 n such report is false in any material respect, the corporation shall be lined not less than 2 per cent and 
 not more than 20 ]iercent of its last annual gross earnings, and each false statement in any material 
 matter shall constitute a separate offense. All lines and penalties imposed by this act shall be recov- 
 ered or enforced in any court of competent jurisdiction. 
 
 That it shall be the duty of examiners, under the direction of the auditor, to make examinations 
 of any corporations governed by this act. Any of said examiners presenting his official credentials 
 shallbe furnished by the officers of the corporation every facility for complete and full examination, 
 not only of the books, but of all property, records, or papers of the corporation which may be neces- 
 sary, in the judgment of the examiner, for a complete knowledge of the affairs of the concern. Such 
 examinations shall not be at fixed periods, but shall be at such times as the auditor shall fix and 
 without notice. Examiners shall have the power ti.> examine under oath all officers or employees of 
 a Corporation, or any other persons having any knowledge of its alY;iirs, and to send for, demand, and 
 insjiect books, ]iapers, and any other matter of evidence whatever which is in the possession or Cfintrol 
 of the said cor]ioration. For the purpose of this act examiners shall have power to require, by sub- 
 pcena, the attendance and testimony of witnesses under oath and the production of all books, papers, 
 contracts, agreements, and documents relating to any matter under investigation. Such attendance 
 of witnesses and the production of such documentary evidence may be required from any place in 
 the I'luted States at any designated place of hearing. And in case of disobedience to a sub'jKX'na the 
 examiner may invi>ke the aid of any court of the United States in requiring such attendance. 
 
 And any of the circuit courts of the United States within the jurisdiction of which such inquiry is 
 carried on may, in case of contumacy or refusal to obey a subprena issued to any corporation subject 
 to the provisions of this act, or other person, issue an order requiring such corporation or other per- 
 son to appear before said examiner and produce books and papers, if so ordered, and give evidence 
 touching the matter in question; and any failure to obey such order of the court maybe punished 
 by such court as a contempt thereof. The claim that any such testimony or evidence may tend to 
 criminate the person giving such evidence or testimony sliall not be used against such person on the 
 trial of any criminal proceeding. The auditor shall likewise have all the authority of an examiner 
 in any case wherein lie chooses himself to act. No examiner shall be assigned to examine any cor- 
 poration who is himself interested in the business thereof, or any competing concern, or who has 
 relatives who are so interested. 
 
 That it shall be unlawful for an examiner to divulge private business, except by his report to the 
 auditor. But such report, or the substance thereof, shall he opened for pulilic inspection. Each 
 examiner shall follow the rules, regulations and directions which the auditor may from time to 
 time lay down or communicate to him as to the method of examination, the form of report, the mat- 
 ters to be covered by the said examination, and all matters pertaining to his duties. Said examina- 
 tions and reports shall always cover, among others, the following questions: 
 
 (a) Has the said corporation, during the period covered by the examination and report, received 
 any rebates, drawbacks, special rates, or other disi'riminations, arlvantages, or preferences, by money 
 payments or otherwise, from any railroad, pijic line, water carrier, orother transiiortation company? 
 
 (b) If there have been such preferences, when were they received, from whom, on what account, 
 and in what manner, giving all details necessary to a ftill understanding of the transaction'' 
 
 (e) Is the said corporation a member of any combination having or intending to secure a monopoly 
 of any commodity other than -such monopolies as are legally granted by patent or otherwise'.' 
 
 (d)" Has the said corporation any such monopoly, or does it use methods tending to secure such 
 monopoly? 
 
 (c) Has it made any contracts or agreements tending to secure any such monopoly to itself or any 
 other concern, whether owned by an individual or individuals, a corporation, or some combination 
 of individuals and corporations? 
 
 (f ) Is such corporatii m a party to any contract, agreement, or combination, in the form of a trust or 
 otherwise, in restraint of trade or commerce among the several States or with foreign nations? 
 
 (g) Has the corporation purchased or does it hold the stock of any corporation for the purpose of 
 controlling its management? 
 
 Said reports of examiners shall be prima facie true and may be introduced in evidence in all courts 
 to prove the facts therein set forth. Copies certified by the auditor shall be admis.sible with like effect 
 and under the same circumstances as the original. The word "corporation " wherever used in this act 
 shall be deemed to include associations existing or authorized cither by the law of the United States, 
 the laws of any State, or the laws of any foreign country. 
 
 Mr. Mann (before the reading of the ameiidinent was conchided). I ask the 
 attention of the gentleman from New York [Mr. Sulzer]. 
 
 Mr. Sulzer. I decline to l)e interrupted during the reading of the amendment. 
 
 The Chairman. The Clerk will finish the reading of the proposed amendment. 
 
 Mr. ]Mann. I ask the courtesy of the gentleman from New York — ^- 
 
 Mr. Sulzer. I must decline. An interruption now would simply take up my time. 
 
 Mr. Mann. I am sorry that the gentleman has not read the bill. 
 
 The Chairman. The Clerk will resume the reading of the amendment. 
 
 The reading of the amendment was resumed and concluded. 
 
 Mr. Sulzer. Mr. Chairman, regarding this amendment I want to say that on the 
 
 27628—04 39 
 
610 LEGISLATIVE HISTOEY 
 
 2d day of May, 1902, I introduced in this House a bill to establish a Department of 
 Commerce, and the amendment just read is section 5 of that bill. The bill was 
 referred to and considered by the Committee on Interstate and Foreign Conunerce. 
 I appeared before that committee in favor of my bill to establish a Department of 
 Commerce, and so did a number of distinguished gentlemen representing commercial 
 bodies, labor organizations, the American Anti-Trust League, and other associations 
 which are in favor of publicity in regard to the great trusts of our land. 
 
 All of these gentlemen advocated my bill or the incorporation in the Department 
 of Commerce bill of a provision similar to the amendment just offered by me. The 
 committee did not see fit to do that. They left it out of the bill thej'^ reported and 
 now before the House. I simply ask at this time to have that amendment read, so 
 that every member and the country may understand it. I ask now unanimous con- 
 sent to have it considered as pending, so that the members of the House may have 
 an opportunity to read it in the Record to-morrow. 
 
 Mr. Hepburn. Mr. Chairman, that goes into the Record. 
 
 Mr. SuLZER. I know it does, but I want it pending for a time to give members a 
 chance to read and study it. 
 
 Mr. Mann. The gentleman asked to have it be considered as pending. 
 
 Mr. SuLZER. I ask unanimous consent that the amendment be considered as pend- 
 ing, so that members can read it in the Record and vote on it intelligently. 
 
 The Chairman. To be voted upon after the reading of the bill is concluded? 
 
 Mr. SuLZER. Yes; that is my request. 
 
 The Chairman. Let the Chair state the request. The gentleman from New York 
 asks unanimous consent that the amendment which he has offered may be considered 
 as pending, to be voted upon when the reading of the bill is concluded. Is there 
 objection? 
 
 Mr. Manx. Mr. Chairman, to what portion of the bill is the amendment offered? 
 
 The Chairman. It is offered as a separate section. 
 
 Mr. Mann. Mr. Chairman, as the gentleman can offer his amendment at tlie proper 
 place at any time, if he is in his seat, I object to the request. 
 
 Mr. SuLZER. I only ask it in order to give every meinber an opportunity to familiar- 
 ize himself with it. 
 
 The Chairman. Objection is made. The question is on the amendment offered by 
 the gentleman from New York. 
 
 Mr. Sulzer. Mr. Chairman, one moment; has my time expired? 
 
 The Chairman. It has not. 
 
 Mr. Si'LZER. Then, Mr. Chairman, I desire to state briefly that this amendment 
 brings before the House, as clearly and as positively as any proposition can, the 
 question of whether the members of this House are in favor of publicity regarding 
 the trusts or not. If we are sincerely in favor of publicity regarding the trusts we can 
 not, it seems to me, ol^ject to this amendment. If we want publicity we can not 
 object to the establishment of this Bureau of Corporations in the Department of Com- 
 merce and Labor, for it is something which will create publicity and secure the 
 information the Attorney-General says he wants in order to enforce the antitrust 
 laws. 
 
 In my opinion it is the best plan for publicity yet devised, and will secure the 
 information that every citizen wants regarding the conduct and the management of 
 the great trusts of our country, and go far, in my judgment, to prevent the trusts 
 from violating or evading the law now on the statute books against trust and 
 monopolies. It has been stated by those more competent to judge perhaps than 
 myself that if this amendment were a law no trust in this country, no corporation, no 
 monopoly, would or could violate the law. 
 
 Besides, it would secure all the information desired, and if the laws were violated 
 the Attorney-General would have officially the facts to proceed forthwith and punish 
 such violations. It would prevent the excuse now offered by the Department of 
 Justice. 
 
 I think this amendment ought to be adopted. It will be if those who oppose trusts 
 and monopolies and want publicity regarding them, so that the truth shall be known, 
 vote for it. Ho I offered this amendment to find out and have the country know the 
 names of the members who are sincerely in favor of publicity and who are not. Let 
 the record tell. Now is the time to stand by your professions and live up to your 
 promises. [Applause.] 
 
 The Chairman. The question is on the adoption of the amendment offered by the 
 gentleman from New York. 
 
 Mr. Mann. Mr. Chairman, the report of the bill from the committee provides for 
 a Bureau of Corporations for the very purpose of providing an executive agency on 
 publicity. Probably this side of the House would not always feel disposed to accept 
 
LEGISLATIVE HISTORY 611 
 
 the language arranged by the gentleman from New York [Mr. Sulzer] in reference 
 to the method of obtaining jaibhrity. 
 
 A'erv likely the other (side of the House will accejit the leadership of the gentleman 
 from New York on this (juestion. If so, we shall l)e content, but the connnittee 
 which reported the bill has been rather inclined to await the report of the gentlemen 
 from the Judiciary Committee, from both sides of the House, who are engaged in 
 endeavoi'ing to lind a ])roper solution of the method of publicity. There is no dis- 
 position on the part of the committee which reported the liill, no disposition on the 
 part of this House, to refuse proper legislation to effect jniblicity, but, with all due 
 respect to the distinguished gentleman from New York [Mr. Sulzer], I trust that we 
 may be forgiven if we do not always adopt his views ui)on this su))ject. 
 
 ]\Ir. Henky C. Smith. ]\[r. Chairman, I desire to ask the gentleman a (question. 
 
 The Chairman. Does the gentleman yield? 
 
 Mr. Mann. Certainly. 
 
 Mr. Henry C. Smith. The section to which the gentleman refers as creating this 
 Bureau of Cor])t)rations, I take it, is section 7? 
 
 Mr. Mann. Section 7. 
 
 Mr. Henry C. Smith. I would ask the gentleman's construction as to what powers 
 such a bureau would have. I have read the section hastily and it seemed to me that 
 it did not give the Bureau very much, if any, power to get the information. 
 
 ]Mr. Sulzek. That is quite true. 
 
 Mr. Mann. There is no doul)t whatever, INIr. Chairman, that section 7, as it rearls 
 in tiie bill, will not confer upon the Bureau of Corjxirations the p<i\ver to c<imj)el the 
 giving of information, and in that respect it might be said to be defective and clearly 
 would be defective if it were not the purpose to follow it up with additional legisla- 
 tion; but we all know that the meml)ers of this House and the mendjers of this 
 Congress are projjosing to have additional legislation, and if this bill becomes a law 
 and this Bureau of Corporations is created, undoubtedly there will be conferred 
 either upon the Bureau itself or upon the Department, the necessary powers to carry 
 out the idea for which the Bureau is created. 
 
 If it is the pi'eference of tlu' House to take the suggestions — admira1)le in their 
 nature, but more or less crude in tlu' drawing of the language — of the gentleman from 
 New York, very good; but I should prefer that the House should have the informa- 
 tion wliich comes from the distinguished Judiciary Committee of this House, which 
 intends, as I understand, to report^ some kind of a bill to the House covering ground 
 like this. 
 
 Mr. Sulzer. Oh, yes; they will doubtless report a bill some time, some hoAV, some 
 way, and too late in the closing days of this session of Congress ever to pass before 
 we adjourn. You may pass some kind of a bill through the House only to die in the 
 Senate. It is the old, old story. 
 
 JNlr. Thayer. Mv. Chairman, I have been waiting in this House for three years to 
 see what action W(juld be taken that would amount to anything to clip the wings of 
 the trusts, and it is immaterial to me whom I am following if the road is clear, whether 
 it be the gentleman from New York [INIr. Sulzer] or the gentleman from Illinois [Mr. 
 Maun]. I am here to help do something to curtail the increasing power of the trusts, 
 and it is immaterial to me who leads in this, to my mind, good work. 
 
 Here is an amendment which proposes some practical legislation to make iiublic 
 the acts and doings of the great trusts and combines of this country, and the gentle- 
 man from Chicago [Mr. ]\Iann] fails entirely to point out in this amendment anything 
 which he thinks even is obnoxious, or is not in accordance with his views. Hesimjily 
 wishes to put off the matter to a more convenient time. It is the same old plea. We 
 have been told, from the President of the United States down, that something should 
 be done to make imblic the conduct of the trilsts. Publicity is the great question which 
 the public is demanding to-day of these corporations. Now, if the gentleman from 
 Illinois [Mr. Mann] can not lind any fault with this amendment, if he is simply 
 waiting for something better, why not point out what is wrong in this bill, which is 
 specific, directing, and comprehensive? We are confronted with the proposition now 
 whether we shall do something or continue to do nothing, as we have for the last 
 three years. Let us not dodge or evade our responsibility. The country is looking 
 and waiting to see if we will keep our i^romises and do something to give publicity 
 to the -working of the trusts. 
 
 Mr. Mann. The gentleman will pardon me for saying that while it possibly is 
 negligence on my part, I never have read the proposition of the gentleman from New 
 York. It may be heavenly for aught I know. It may l:)e perfect; but I should pre- 
 fer to have it presented to the House in such a way that it can be properly con- 
 sidered by the committee. 
 
 Mr. Thayek. Unless the gentleman from Illinois is deaf, he must have heard the 
 reading of it, line by line and word by word, within the last ten minutes. 
 
612 LEGISLATIVE HISTORY 
 
 Mr. Mann. Well, I am not as smart as the gentleman from Massacluisetts, if he 
 can understand it from hearing it read. 
 
 Mr. Thayer. I hope the opportunity will be granted for gentlemen of this House 
 to discuss and analyze this amendment. I think it comes nearer to the bull's-eye 
 than anything that has been presented. I had occasion to vote with the majority of 
 this House fcjr a constitutional amendment in the last Congress which it was never 
 intended should be passed by the coordinate branch at the other end (if this build- 
 ing and which I had very grave doubts about our right to jmss; but I want to do 
 something while 1 am a member of this House or help others in doing sc^mething 
 that will make public the acts of the trusts, a proi^osition which all parties agree is 
 needed, and something that will in souie measure satisfy the public. This amend- 
 ment provides for the very thing we have been discussing here for the last four 
 years. The opportunity is now here. Now is the accepted time; now is the day of 
 salvation for those who do not believe in permitting these trusts to go on in the way 
 they have been going. 
 
 Mr. Si'LZER. 3Ir. Chairman, I desire to say just a few words more. In discussing 
 this amendment after it was offered the gentleman from Illinois [Mr. Mann] said it 
 was crude. That is tlie word I believe he used. Subsequently, in answer to the 
 gentleman of ^lassachusetts [jNIr. Thayer], the gentleman from Illinois said he never 
 read the amendment; that he had not heard it read; that he knew nothing whatever 
 about it. It seems to me, sir, it comes with very bad grace for the gentleman from 
 Illinois to characterize an amendment as crude that he has never read and never 
 heard read. But it is characteristic of the gentleman, and shows how nuieh reliance 
 should be given his speech. 
 
 And yet, Mr. Cliairman, this amendment has been pending before his committee 
 ever since the 2d day of last May. And further, sir, lie was present in the C-oiinnit- 
 tee on Interstate and Foreign Commerce when a delegation of the distinguished and 
 representative gentlemen with myself w(^nt before his committee and urged a favor- 
 a!)le rejKirt on my bill, or at least the ini'orporation of this amendment, being section' 
 5 in my bill, in a bill creating a Dejiartment of Commerce. He heard every word 
 of that discussion. He asked questions of the gentlemen on that occasion. That 
 discussion is printed. Any member can get a cojiy of it. It is a ]^art of the records 
 of the Connnittee on Interstate and Foreign Commerce on this bill. 
 
 It is too late for him now to say that he never read, or heard read, the amendment. 
 In my opinion he knows all aliout it, or he would not now oi>pose it so tenaciously. 
 But if he says it is crude, let me say to him that it has been submitted to some of the 
 greatest lawyers in all this land — lawyers not employed by the trusts — and to men 
 who have studied this trust (Question, not in the interests of the trusts, but in the 
 interests of all the people, and they have all api)roved it. They say it will absolutely 
 establish pul)licity, and do it in the only logical and legal way. 
 
 Again, sir, this amendment has been favorably ]iassed on by the labor organiza- 
 tions, by the American Anti-Trust League, l)y leading thinkers and political econo- 
 mists, and by the honest folk of the land who are earnestly and honestly and fear- 
 lessly opposed to trusts and monoi)olies. The independent press of the country ask 
 for pul)licity. In editorial after editorial they favor this amendment. The I'resi- 
 dent asks for publicity. The Democrats ask for publicity and will vote to a man for 
 this amendment. The people of the land, from one I'ucl of it to the other, demand 
 publicity. The Republicans — that is, a few Rei)ul)licans — say they want publicity; 
 they say it, but they are afraid to vote for ]Kib]icity. [Applause.] 
 
 The Republicans say they are going to give the people publicity as to the trusts 
 some time, some way, somehow; but the days are going on. This Congress will 
 adjourn on the 4th of next ISIarcli. The time, gentlemen, is short, and I undertake 
 to say that if tliis amendment is not adopted now, if it is not put in this l)ill and 
 kept there, that there will be no antitrust legislation, no law for publicity jiassed 
 during this session of Congress. The President, the Attorney-Ceneral, and all of the 
 distinguished Repulilicans, including my friend from Maine [Mr. I^ittletiekl], will 
 keep on talking against the trusts, l)ut they will do nothing against them. 
 
 The ])eople will not and can not be deceived much longer in this matter. The 
 record here to-day on this amendment will tell the tale. It will show whether the 
 Republicans or the Democrats are sincere. It will tell the world who is for and who 
 is against publicity — who are the friends of the trusts and who are the enemies of 
 monopoly. An ounce of performance is worth a ton of promise. If gentlemen on 
 the other side are sincerely in favor of what the people want, if they favor publicity, 
 you will give the people this ounce of performance to-day, and in my judgment it 
 will truly establish publicity and go far to do away with trust evils. 
 
 With publicity — like a searchlight, exposing to public view every violation of law — 
 the trusts and monopolies would hesitate a long time ere they violated the law; and 
 if the Attorney-General promptly enforced the law against them, violations of law 
 
LEOISLATIYE HISTOKY 0)13 
 
 would soon cease entirely. I'ut the Attorney-General says substantially in his Pitts- 
 ))urji; speecli that he tan not enforce the law against the trusts because he can not 
 get the evidence of violations of law. Make tliis amenihucnt a law as a i)art of this 
 hill and the Attorney-General will have no dilliculty in getting the facts — the evi- 
 dence — to successfully prosecute every trust that is violating the law. 
 
 The law now on the statute books against trusts is clear and plain, and the highest 
 court in the land has passed on its validity and sustained the constitutionality of its 
 ])rovisions. The antitrust act of 1S90 declares that every contract or combination in 
 the nature of a trust in restraint of trade and commerce among the several States and 
 Territories or with foreign nations is a conspiracy, illegal and void, and punishable 
 by tine and iuii)risonment. 
 
 Under this antitrust act it seems to me every trust in the United States can be 
 prosecuted for violation of law, the charter annulli'd, and the men behind it punished 
 for cons]>iracy. f] very trust by its very nature is in restraint of trade and commerce 
 and in violation of this iaw. 
 
 If you will read tiie antitrust act of 1890 and the decisions of the l"nite<l States 
 Supreme Court in the trans-Missouri freight case and the Addyston Pipe case, the 
 conclusion will be irresistible to the logical mind that the fault is not so much with 
 the law as it is with the men who are sworn to enforce the law. 
 
 In my oidnion — and I say so advisedly — the Department of Justice under the 
 present law can institute and successfully maintain actions against every trust doing 
 business in the ITuited States. The law is clear and plain, and the factH are within 
 the knowledge of all. 
 
 Now, adopt "this amendment offered l)y me for publicity regarding the trusts and 
 monopolies, make it a jiart of this bill, so that it will soon be a law, and the Attorney- 
 (Teneral will get all the facts he wants, and ofhcial facts that will be evidence suffi- 
 cient to prosecute and sufficient to win every case against every trust A'iolating the 
 law. [A]>plause.] 
 
 The Chairman. The question is on the amendment of the gentleman from New 
 York [Mr. Sulzer]. 
 
 The question was taken; and the Chairman announced that the noes seemed to 
 have it. 
 
 Mr. Sulzer. ]Mr. Chairman, I ask for a division. 
 
 The conunittee divided; and there were — ayes 63, noes 88. 
 
 Mr. Sulzer. I ask for tellers, J\Ir. Chairman. 
 
 Tellers were ordered. 
 
 The Chairman. The Chair will appoint as tellers the gentleman from New York 
 [Mr. Sulzer] and the gentleman from Illinois [jSIr. Mann]. 
 
 The committee again divided, and the tellers reported — ayes 75, noes 90. 
 
 So the amendment was rejected. 
 
 Mr. Sulzer. Mr. Chairman, I desire now to say one thing. All the Republicans 
 voted against this amenchnent for publicity and all the Democrats voted for it. That 
 tells the story and the w'hole story.' [Applause on the Democratic side.] 
 
 The Clerk read as follows: 
 
 Sec. G. That there shall be in the Department of Commerce and Labor a bnreau to be called the 
 Bureau of Insurance, and a Chief of said Bureau, \\ lie sliall be ai)pointed by the President, and who 
 .shall receive a salary of S4.000 per annum, and such clerical assistants as may from time to time be 
 authorized bylaw. It shall be the province and duty of said Bureau, under the direction of the 
 Secretary, to exercise .such control as maybe provided by law over every insurance company, society, 
 or association transacting business in tlie United States outside of the State, Territory, or District 
 wherein the same is oryanized, and to foster, promnle, and dt'velni) the various insuraiice industries 
 of the rnited States liy gatherinir, compiliuLT, publishing, and suiiiilyiuK i'H availal)le and useful 
 information concerning such insurance companies and tlie business of "insurance, and by such other 
 methods and means as may be prescribed by the Secretary or provided by law. 
 
 Mr. Corliss. Mr. Chairman, I move to strike out section 6, from lines 1 to 17, 
 inclusive, on page 13. 
 The Clerk read as follows: 
 
 Strike out all of section 6, from line 1 to line 17, inclusive. 
 
 Mr. Corliss. Mr. Chairman, when we were considering section 3 the words 
 "insurance business" were stricken out by the committee, it is true, by a close 
 vote, but it seems to me that this section should also go out of the bill. The ques- 
 tion has been fully discussed, and the creation of this Bureau is an unnecessary and 
 useless expenditure of public money in view of the decision of the Supreme Court, 
 holding that marine, fire, and life insurance, or any other kind of insurance, is not' 
 commerce and that a contract endjracing such insurance does not embrace any of the 
 elements of connnerce. 
 
 Mr. Tavler, of Ohio. INlr. Chairman, the remark which was just made l)y my 
 friend from ^Michigan [Mr. Corliss] would seem to indicate that there was a larger 
 
G14 LEGISLATIVE HISTORY 
 
 interest in this sul)ject on the part of those who support this amendment than one 
 would think necessary under the circnnistanees. However, if tlie Supreme Court 
 iuis lu'Id that this is not a subject of national legislation, then no liarin <'an be done 
 by the invasioi\.of the iState such as alarms so nuicli my frieiid from New Jersey 
 [Mr. Gardner]. This is a provision for investigating, for compiling all information 
 respecting the su])ject of insurance. I was surprised that my friends who were so 
 alarmed over here in reference to States rights in this section pertaining to insurance 
 should not have been similarly alarmed when section 5 was under consideration. If 
 it be an outrage upon the rights of the States to "foster, promote, and develop the 
 various insurance industries of the United States by gathering, compiling, and pub- 
 lishing, and supplying all available and useful information concerning such insurance 
 companies," surely it is a greater outrage upon the rights of the States that the same 
 Department sliould have power to foster, promote, and develop the various manii- 
 facturing industries of the United States by doing exactly the same thing that section 
 6 provides may be done respecting the fostering and develoi)ing of the insurance 
 business. I take it that the manufacturing business is just as important as the insur- 
 ance business; and if the Sujireme Court has held that we can not invade by national 
 legislation the domain of insurance, we may l)e sure that we could no further invade 
 the domain ( )f manufacturing. At least the courts have not gone so far in that res2)ect, 
 and we have all through our States manufactures just as much threatened in the 
 methnd in which they are carried on as insurance business can be affected by the 
 identical provision respecting insurance which we find in this act. 
 
 Mr. Bartlett. Will the gentleman yield to me for a question? 
 
 Mr. Taylrr, of Ohio. If I had time I would be glad to yield to the gentleman. 
 
 Mr. Bartlett. It is just a ciuestion about what the gentleman has stated. Where- 
 about in section 5 do you fincl such words as would give to the Secretary of Com- 
 merce or the Bureau of Manufactures the right to exercise such control over manu- 
 facturers as it does over the insurance business? 
 
 Mr. Tavler, of Ohio. I want to ask my friend what authority does section 6 give 
 to the Secretary to authorize control? How much? 
 
 INIr. Bartlett. It gives such as it now has or may be given by law. 
 
 Mr. Tayler, of Ohio. Why, we can pass a law at any time. It gives it really no 
 airthority at all. It merely proceeds to say, in an unlegislative sort of a way, that 
 if we iiass a law some time in the future giving the Secretary iwvv^er, he can exercise 
 that ])o\ver under the law which has given it to him. 
 
 Will the gentleman })ermit me to call his attention and the attention of the gentle- 
 man from Michigan to the fact that section 5, which provides for fostering and 
 promoting and developing the various manufacturing industries in various ways as 
 may be prescribed by the Secretary or as provided by law, is in identically the same 
 language. The point, Mr. Chairman, that I was making was that the provision 
 respecting the insurance department is exactly the same ^s the jirovision respecting 
 all other departments, and it is folly, it is an imposition upon the intelligence of this 
 House, to assume that by this act an effort is being made to do something more 
 for the insurance ))usiness than is sought to be done respecting the business of 
 manufacturing. 
 
 The Chairman. The time of the gentleman has ex])ired. 
 
 Mr. Corliss. Mr. Chairman, I ask unanimous consent that the gentleman's time 
 be extended three minutes. 
 
 The Chairman. The gentleman from Michigan asks that the time of the gentle- 
 man from Ohio be extended three minutes. Is there ol)jection? [After a pause.] 
 The Chair hears none. 
 
 Mr. Corliss. I would like to ask the gentleman a question. The manufactured 
 products enter into conmierce, do they not? 
 
 Mr. Tayler, of Ohio. I am willing to admit that for the sake of the argument. 
 
 Mr. Corliss. And the courts have held that all kinds of products of the farm and 
 the factory are subject to the control of Congress Avhen in the course of transportation 
 from one State to another. Therefore Congress has control to a certain extent over 
 manufactm-es, but in this instance — and I ask the gentleman the question in order 
 that he may draw the distinction — in the case of insurance contracts the court has 
 held that the contract is not commerce. You can not make it conmierce, and the 
 Federal power of our Government does not extend to that subject. How can you 
 hold that it is analogous to the power, of Congress to control manufactured products 
 that are invariably engaged in commerce? 
 
 Mr. Tayler, of Ohio. If the court has so held, this provision is harmless. It can 
 not be useless in that it gathers and gives to the country useful information respect- 
 ing that subject. But Congress has absolutely no power, although my friend inti- 
 mates that it has, over the subject of manufactures; al)Solutely none, for that has a 
 locus within the sovereign State, and Congress can in no wise exercise control over 
 
LEGISLATIVE HISTORY 615 
 
 the niero operation of iiiantifactnrinir, whatever it may do with the pnxhict of tliat 
 inanufaeture. 
 
 jNIr. De Armond. j\lr. ChairmaTi, I think the gentleman from Ohio hardly gives 
 siitiicient weight to a part of thin lirovinion sought to he stricken out. I take it that 
 this provision is in for a i)urpose, that the words are put int(j it for otlice, tliat they 
 are not merely idle and incidental. Here is what is said in section (5, among other 
 things: 
 
 It shall be the province ami duty of said Bureau, under the direction of the Secretary, to exercise 
 such control as may be provided by law over every insurance company, society, or association trans- 
 acting business in the United States outside of the State, Territory, or District wherein the .same is 
 organized. 
 
 The gentleman makes the point that this does not contain the legislation for carry- 
 ing into full effect that provision. But it contains the provision, it provi'les for a 
 bureau to exercise this function, to have control and to actopt rules and regulations 
 for every in.«urance company or association, life, tire, marine, or of whatever kind, 
 doing hus^iness outside of the State or Territory of its organization. 
 
 Now, every State in this Union, I presume — certainly nearly all of them — have 
 laws regulating the operation, fixing the responsilMlities, protecting the patrons of 
 insurance companies organized beyond their borders and doing business within the 
 several States. That power — however wholesome, constitutional, well organized, 
 exercised with judgment, satisfactory to the people for the protection of patrons — is 
 to be minimized, if not swept away, go far as it may be in the power of Congress to do 
 it, l)y creating a Bureau organized and authorized to provide means and make rules 
 and regulations and to control and direct the operations of these various companies 
 whenever they carry on business outside of the immediate jurisdiction Avhich created 
 them. 
 
 What is to become of the State laws in that case? Are the State laws, when in 
 conflict with the regulations and rules prescribed by this Bureau, to control, or are 
 they to give way? Is there to he a conflict to be settled ])y the courts? Evidently 
 and clearly tl^e proposition of the f ramers of this provision is to give to this Bureau, a 
 Bureau of tWis new Department, the control of the vast and complex insurance busi- 
 ness of tiie whole United States. Becau.^e it is a fact that a large per cent of all the 
 companies not only exist and do business within the States and Territories or districts 
 in w'liirh they are incorporated, but in other States and Territories and districts. 
 Here is the provision intended to place all of them under the control, subject to the 
 jurisdiction of a Bureau in this new Dejiartment of Commerce. 
 
 It is iflle to say that legislation is not lacking to enable the chief of this Bureau to 
 acronij)iish all tliat in the creation of the Bureau it is designed shall be accomplished. 
 If there is reason to provide this Bureau with authority and power and scope and 
 jiurpose in it to exercise these functions, then there is reason also for following with 
 legislation furnishing the necessary machinery to do it. How idle it is to talk about 
 creating this Bureau of supervision and control of the insurance business of the 
 country and say that you have no f)urpose to legislate further to carry this out. 
 
 The purpose, clear and distinct, is to follow this with legislation which shall sub- 
 ject the entire insurance business of the United States to the dominion of a bureati 
 chief in the city of Washington. [Applause.] 
 
 [Here the hammer fell.] 
 
 ilr. HEPBrRN. I move that all debate on the amendment and the section close in 
 ten minutes. 
 
 The motion was agreed to. 
 
 Mr. Gardner, of New Jensey. Mr. Chairman, the gentleman from Missouri [Mr. 
 De Armond] is right when he assumes that this legislation is not proposed to be 
 passed, and the foundation distinctly here laid for future legislation, without the 
 expectation of making this a Bureau in Washington to control tlie insurance business 
 of the United States. That is its object. Neither the gentleman from Ohio nor other 
 gentlemen ought to be permitted to mislead this House by making disclaimers and 
 talking of limitations of power, about which I much fear my distinguished friend 
 from Michigan [Mr. Corliss] is mistaken. 
 
 Will the members of this House look at that bill and tell me what reason can lie 
 discovered for not incorporating this Bureau in the Bureau of Corporations, except 
 the o])ject l)e, as shown on its face, to give the Washington Bureau more extreme 
 power over insurance corporations than j'ou propose to give an}' bureau over any 
 other corjwration in the United States — trust or not. The declaration of the bill is 
 specific — that this Bureau is to exercise such control as may be provided by law. 
 What will be the natural source of law on this subject? 
 
 The distinguished gentleman from Ohio is a sincere, earnest, and aggressive man. 
 He has made it known to this House that he believes the in.surance business of the 
 United States ought to be controlled bv a Washington bureau, and that much of it 
 
616 LEGISLATIVE HISTORY 
 
 can constitutionally l)e so controlled. He has put his belief in form in this proposed 
 legislation. He presides over the committee fron^ which such legialation would natu- 
 rally come here. Why, sir, here is an able, distinguished, and truthful source of 
 such legislation suggested, and here, in all probability, it will remain a potent factor- 
 in the Committee on Interstate Commerce— until that unhappy day for mortals Avhen 
 he takes his seat amid the everlasting glories of the cherubim. [Laughter.] 
 
 Why, Mr. Chairman, of what are gentlemen dreaming if they do not believe that 
 is the object of this provision? The distinguished gentleman from Ohio, in citing 
 instances in which the proposed bureau might be useful, has referred to conditions 
 which might arise in which this Bureau would have jurisdiction, not alone in Ohio, 
 Pennsylvania, New Jersey, but in the Empire of Germany and Austria. That is 
 where the difficulty he instanced was located, and it was the only instance cited in 
 which such a bureau might have been utilized. 
 
 The question presented to this House by the proposed legislation is whether you 
 will here lay the foundation, build the machinery, with a power behind it to acconi- 
 plish the ultimate purpo.se, to take absolute national control of the insurance busi- 
 ness, to supersede and destroy the insurance department of every State. As I said 
 this morning, I know that the Ijeiief and the hope is, with this bill as a foundation, 
 to escape State regulation, and that this whole question, the opinion of the gentle- 
 man from Michigan to the contrary notvrithstanding, can be beaten into such shape 
 as to be clearly matter of interstate commerce. 
 
 Look at the peculiar language of this bill. In the section that creates a Bureau of 
 Corporations the corporations are specificallv limiJ^pd to doing the thmgs recited by 
 the gentleman from Ohio— collecting statistics and di't,seminating useful information; 
 not one word of power, or the suggestion of power, exv.cpU perhaps, the last line 
 "and such other duties as may hereafter be prescribed by i<!^w. 
 
 The Chairman. The time of the gentleman has expired. 
 
 Mr. Hepburn rose. 
 
 Mr. Gardner, of New Jersey. I would like to have one minute ni>ore. 
 
 The Chairman. The gentleman from Iowa [Mr. Hepburn] is recognJ'^ed. 
 
 Mr. Hepburn. Mr. Chairman, in my judgment, if the gentleman from New Jer.sey 
 [Mr. Gardner] had more of courage and more of hope he would not be so J^unorous 
 with regard to this bill. He has not been able to discover how harm could ]i'9*^^''^'y 
 result to any individual under the present proposed legislation. His only claini ^'^d 
 the only contention that he makes is that in some later day, by usurpation, by unj'^^t 
 legislation. Congress may indulge in an enactment that may harm the State intert'^t 
 and State control over insurance companies. ' 
 
 Mr. Chairman, is not this the trouble: The gentleman is afraid of a control that 
 will bring publicity into the doings of those vile and infamous corporations that are 
 created so lavishly by his State, and from which his State derives an annual revenue 
 of millions of dollars? [Applause.] I do not blame him for looking out for the 
 moneyed interests of his State, while it is creating these bogus corporations to operate 
 and prey upon the people of the other States. 
 
 Mr. Gardner, of New Jersey. That is an ab-solute misstatement, and it has no 
 application to this question. We have not organized an insurance company there. 
 
 Mr. Hepburn. Oh, well, I did not say "insurance company," I said "company." 
 
 Mr. Gardner of New Jersey. Then the expression had no application; and it is 
 not true. 
 
 Mr. Hepburn. Do not interrupt me, if you please. 
 
 Mr. Gardner, of New Jersey. I will not; but if you state as fact what is not so, I 
 I must correct you. 
 
 Mr. Hepburn. I want to say that these fears of my friend from New Jersey are 
 entirely groundless. What are the limitations of this bill? What can l)e done 
 under it? 
 
 It shall be the province and duty of said Bureau, under the direction of the Secretary, to exercise 
 such control as may be provided by law over every insurance company, society, or association trans- 
 acting business in the United States outside of the State, Territory, or district wherein the same is 
 organized. 
 
 Mr. Gardner, of New Jersey. May I ask the gentleman a question? 
 
 Mr. Hepburn. No, sir. The only control is that which is authorized by law, by 
 the law of Congress, by what this House at some future time may do. Now, then, 
 let me go a little further — "to foster, promote, and develop the various insurance 
 indn.«tries of the United States." How? How? By exempting them from taxation? 
 No! By interfering with the powers of the States? No! But how? Simply by 
 gathering information as to how they are conducting their business, as to what is 
 their solvency, what right they have to appeal to the confidence of the peo]ile and 
 to pubhsh it to the world. That is the limitation. That is all that tliey can do under 
 this statute, and any statement to the contrary is to mislead, to humbug somebody, 
 
LEGISLATIVE HISTORY 61 7 
 
 to aid the gentleman to protect and foster the peculiar methods that his State has of 
 jiuyino; its expenses ))y turning loose a flood of cormorants to prey upon the balance 
 of mankind. [Applanse.] Mr. Chairman, I ask for a vote. 
 
 Mr. iSiiACKLEFOKD. jNIr. Chairman, may 1 ask a question of the gentleman before 
 he takes his seat? 
 
 Mr. Hepburn. I call for a vote. 
 
 The Chairman. Tim question is on the amendment offered by the gentleman from 
 Michigan. 
 
 Mr. Thayer. Mr. Chairman, what is the amendment? 
 
 The Chairman. AViliiout objection, the Clerk will again report the amendment. 
 
 There was no objection. 
 
 The Clerk read as follows: 
 
 strike out all of section G. 
 
 The Chairman. The question is on the amendment. 
 
 The question was taken; and on a division (demanded l)y several members) there 
 were — ayes 88, noes 78. 
 
 Mr. Hepburn. Mr. Chairman, I demand tellers. 
 
 Tellers were ordered. 
 
 The committee again divided; and the tellers reported — ayes 98, noes 81. 
 
 So the amendment was agreed to. 
 
 The Clerk read as follows: 
 
 Sec. 8. That the jurisdiction, supervision, and control now possessed and exerci.scd by the Depart- 
 ment of the Treasury over the fur-seal, salmon, and other fisheries in Alaska, as well as over Chinese 
 immigrration, including the authority conferred by the various acts in relation to the exclusion of 
 Chinese upon collectors of customs, be, and the same hereby are, transferred to and vested in the 
 Department of Commerce and Labor; and the Secretary of Commerce and Labor shall designate 
 officials of his Department to perform the duties and exercise the authority now conferred upon col- 
 lectors of customs or other officials of the Treasury Department (who are not hereby transferred to 
 the Department of Commerce and Labor) in regard to Chinese exclusion and immigration. 
 
 Mr. Mann. i\Ir. Chairman, I offer the following amendment, which I will send to 
 the desk and ask to have read. 
 The Clerk read as follows: 
 
 Amend by striking out all of section 8 and inserting in place thereof the following: 
 "Sec. 8. That the jurisdiction, supervision, and control now possessed and exercised by the 
 Department of the Treasury over the fur-seal, salmon, and other fisheries of Alaska, and over the 
 immigration of aliens into the United States, its waters, territories, and any place subject to the juris- 
 diction thereof, are hereby transferred and vested ni the Department of Commerce and Labor. That 
 the authority, power, and jurisdiction now possessed and exercised by the Secretary of the Treasury 
 by virtue of any law in relation to the exclusion from and the residence withni the United States, its 
 territories, and the District of Columbia, of Chinese and persons of Chinese descent, are hereby trans- 
 ferred to and conferred upon the Secretary of Commerce and Labor, and the authority, power, and 
 jurisdiction in relation thereto now vested by law or treaty in the collectors of customs and the col- 
 lectors of internal revenue are hereby conferred upon and vested in such officers under the control 
 of the Commissioner-General of Immigration as the Secretary of Commerce and Labor may designate 
 therefor." 
 
 The Chairman. The question is on the amendment offered by the gentleman from 
 Illinois. 
 
 Mr. De Armond. Mr. Chairman 
 
 The Chairman. The Chair has recogiii/;ed the gentleman from Illinois. 
 
 Mr. ]\Iann. ]\Ir. Chairman, I am perfectly willing to yield to the gentleman from 
 Missouri. I may say, h'owever, that this is an amendment which Avas originally 
 prepared by th/^ gentleman from California [Mr. Cootnbs] in connection with the 
 -G&lTmTissioner-General of Immigration, and it simply safeguards the provisions in 
 reference to the exclusion of Chinese, so that the proper transfer of authority from 
 the Treasury Departtnent to the proposed Department of Connnerce is made and 
 protected. There is no other ])urpose in making the amendment. 
 
 Mr. Lacev. iSIr. Chairman, I would ask the gentleman if this proposed amend- 
 ment changes the effect in any way of the law in relation to the fur-seal fisheries? 
 
 Mr. Mann. It does not. 
 
 The Chairman. The gentleman from Missouri [Mr. De Armond] will now be 
 recognized, if he desires to speak. The question now is on the amendment offered 
 by the gentleman from Illinois. 
 
 The amendment was agreed to. 
 
 Mr. Stewart, of New Jersey. Mr. Chairman, I ask unanimous consent to return to 
 section 7 in order to supply an evident omi.ssion. 
 
 The Chairman. The gentleman from New Jersey asks unanimous consent to 
 return to section 7 of the bill. Is there objection? 
 
 Mr. Mann. For what purpose? 
 
 Mr. Stewart, of- New Jersey. For the purpose of offering an amendment. 
 
 Mr. Hepburn. What is the amendment? 
 
618 LEGISLATIVE HISTORY 
 
 i\Ir. Stewart, of New Jersey. The appointing power is not inserted. It is an evi- 
 dent omission. The words "who shall be appointed by the President" should be 
 inserted. 
 
 Mr. Mann. Mr. Chairman, there should be a provision in the section providing 
 that he shall be appointed Ijy the President. I have no objection to returning to the 
 section for that purpose. 
 
 The Chairman. The gentleman from New Jersey asks unanimous consent to return 
 to section 7 for tlie purpose of submitting the amendment lie has referred to. Is 
 there objection? 
 
 There was no objection. 
 
 Mr. Mann. Mr. Chairman, I liave the amendment already prepared. Let it be 
 offered as coming from the gentleman from New Jersey. 
 
 The Chairman. The gentleman from New Jersey offers the amendment which the 
 Clerk will report. 
 
 The Clerk read as follows: 
 
 In.sert in line 20, page 13, after tlie word "bureau," tlie following: "shall be appointed by the 
 President and." 
 
 The Chairman. The question is on agreeing to the amendment. 
 The amendment was agreed to. 
 The Clerk read as follows: 
 
 Sec. 9. That the Secretarj' of Commerce and Labor shall annually, at the close of each fiscal year, 
 make a repnrt in writing to Congress, giving an account of all moneys received and disjicrscd by him 
 and liis Iicpartment and describing the work done by the Deparlincnt m fostering, pidiuotiiig, and 
 develii]iing the foreign and domestic commerce, the mining, manufacturing, shiii]iiug, and lislicry 
 industries, the transportation facilities, and insurance b\isiuess of the United States, and making 
 such recommendatii>ns as he shall deem necessary for tlie effective performance of the duties and 
 purposes of tlie Department. He shall also from time to time make such special investigations and 
 reports as he may be required to do by the President, or by either House of Congress, or which he 
 himself may deem necessary and lu-gent. 
 
 Mr. De Armond. I move to strike out, in line 2, page 15, the words "and insur- 
 ance business." 
 
 The Clerk read as follows: 
 
 Page 15, line 2, after the word " facilities," strike out the words "and insurance business." 
 
 Mr. Mann. We are perfectly willing to have that amendment adopted. 
 
 The amendment was agreed to. 
 
 Mr. Mann. I move to amend, by inserting in line 1 of the same page, before the 
 word "the," the word "and." 
 
 Tlie amendment was agreed to. 
 
 Mr. Mann. Mr. Chairman, the same amendment ought to be in.serted in sections. 
 
 The Chairman. The gentleman from Illinois asks unanimous consent to return to 
 section 3 for the purpose of offering the amendment which he has stated. Is there 
 objection? 
 
 There was no objection. 
 
 The Clerk read as follows: 
 
 Page 9, line 22, after the word " interesfo" and before the word " the," insert " and." 
 
 The amendment was agreed to. 
 
 Mr. Gaines, of Tennessee. Mr. Chairman, I desire to OH'^^ ^^^ amendment to the 
 bill in the nature of a new section. 
 
 r.i^^?'' ^•n^"*'''^^''- The gentleman from Tennessee offers an amendmcf^' -"il'dflU'i^ 
 Olerk will report. > ■•- 
 
 The Clerk read as follows: 
 
 th J''^ml'f>f''°,?f X"oraUon "comll.f.fv^ nersor^' '" '^^ Postmaster-Gencral of the United States 
 in.suranceandhavrfairedtocom V w nlin?^^^^ «Jf carrying on the business of 
 
 business is carried on includin ™tl e "/■ V l T^rulf.^ the State or States or Territories where such 
 companies, person or persons an nnm^^ '"'^'^ corporation or licensing such 
 
 of the United States iL IS an hVfri^ed and ^^. f/'^ such information with the Postmaster-General 
 persons from the isVof tho ,;..ni ,„ 'lirectcd to exclude such corporation, companv, person or 
 
 Ld iu^^Jli^^^i^^S^l^- -^^>-fi,- ll--;,]^!!. i^^^^ ^-'--. -"^- Penalt? of SS^UO 
 
 ins^raiSe'^S ?^ J^""^f ^^- Mr Chairman I am just as anxious to curb "wild-cat 
 S Henhnrnl Tf ^ ''"h" ''^°/^P°''^'^^ **"^ bill, or the gentleman from Iowa 
 becauS " nJnL J- ^f^tleman knows that I objected to tliat section in the bill 
 Coifr of the Fn 1 VT ^°"?"^^^^?- . The highest court in the land, the Supreme 
 L.ourt of the L luted States, said so in the Hooper case (155 U. S Kenorts) which T 
 cited in my speech on this subject two days ago. ^ '^^ ^- ^- i^eportsj, ^^ Inch 1 
 
 r^nuZ^'J luT'^^^'^fn'''' P'"''"''' ^'"'^ ^"^'"'« "« ''^^''^^e lines, and that is the post-office 
 po« er of the Federal Government. There are no State lines or powers involved S 
 
LEGISLATIVE HISTORY 619 
 
 that exclusive grant of power. All there is in the Constitution on this power is 
 "that the Congress shall have the i>n\ver to establish post-offices and post-roads." 
 From this flows our mail service. 
 
 We have excluded from the use of the mails all obscene literature, etc., whether 
 in letters or jjapers, and many other things in derogation of public morals and good 
 society. This we all know, and the courts uphold such laws. We excluded the 
 Louisiana lottery from the mails and drove it out of the United States. 
 
 Now, my amendment is simply a new section, which says in substance that when 
 the Department of Commerce shall investigate to find, and if it 'does find, that any 
 person, insurance company, or corporation has failed to comply with the laws of the 
 State or Territory authorizing them to operate, or the laws of the State or Territorj' 
 in w Inch th(>v are operating, then this fact is to be reported to the Postmaster- 
 (Tcneral of the United States, who by this amendment is authorized and directed to 
 exclude such concerns or persons from the use of the mail. 
 
 This measure strikes at all lawless insurance concerns, but especially those who 
 have no agents, but procure insurance through the mail. They often do this: 
 
 First. They get out a charter, a charter only in one State — say New Jersey. They 
 do nothing more. They fail to comply with the "operating" laws of New Jensey. 
 They say: "We are not going to operate in New Jersey." 
 
 SecMind. They then go to Chicago, say, and get an office and possibly a license. 
 They do not want to insure in Illinois, so they do not comply with the operating 
 laws of Illinois, hurt no one in Illinois, so the State authorities let them off with or 
 without a license. 
 
 Third. They then from Cliicago, by mail and not by agents, get insurance in Ten- 
 nessee. The ignorant are their victims. They insure this class, and others, too, 
 sometimes, I know. A loss occurs. Premiums paid through the mail. The insurer 
 is, and was from the start, bankrupt and robber, and nothing can be collected even 
 if the insurer can be found. 
 
 Thus using the mails, the State insurance commissioner does not know of the 
 insurer until too late. Why? Because the whole transaction has been done through 
 the mails, over which he has no control. The operators are luiseen. The loss 
 occurs because the insurer stealthily avoids complying with all State laws of New 
 Jersey, Illinois, and Tennessee. 
 
 This Department can by vigilant action discover such an insurer and report the 
 facts to the Postmaster-General of the United States, and then he will exclude the 
 guilty party from the use of the mail. 
 
 The recent insurance commissioners' convention approve of such a law as here 
 proposed, and passed resolutions to that effect, calling on Congress to act. 
 
 I may add, further, that the treasurer of the State of Tennessee, Mr. R. E. Folk, 
 who is a distinguished brother of our distinguished prosecuting attorney in St. Louis, 
 Hon. Joseph Folk, late of Tennessee, I may add, urges the passage of such a measure. 
 He explained this evil to me last suyimer and recently. 
 
 I have incorporated in this amendment the judgment of that great insurance body, 
 Mr. Folk's as well as my own. I have shown to you that the law is with us, the 
 Constitution of the United States is with us, precedents are with us, and we can 
 exclude from the mails such corporations and these people who rob the lunnble citi- 
 zens of this country, who know nothing of the lawlessness of the monsters they are 
 dealing with or their irresponsibility. 
 
 Mr. LiviN'GSTON. May I ask the gentleman a question? 
 
 Mr. Gaines, of Tennessee. Yes. 
 
 Mr. Livingston. As you have excluded all jurisdiction over insurance from the 
 bill, how can the Department of Commerce ascertain anything about it? 
 
 Mr. G.MNES, of Tennessee. I will say to my friend I did that because the Supreme 
 Court of the United States held that "insurance is not commerce;" hence we had no 
 jurisdiction under the commerce clause; but here I invoke another power of Con- 
 gress — the right to "establish post-offices and post-roads" — that is under the exclu- 
 sive control of Congress; and if this Department says that these wild-cat insurance 
 companies or persons are carrying on a business unlawfully to the detriment of the 
 pulilic they shall not use the mails. 
 
 j\lr. Livingston. But you have excluded from the Bureau that jurisdiction. 
 
 Mr. G.MNES, of Tennessee. Oh, no; I am giving jurisdiction by a new section of 
 the bill, by which authority is given to the Bureau to investigate and find out 
 whether any one of the parties named is conducting a wild-t'at insurance business or 
 not, and if so, the Postmaster-General shall say: " You shall not use our mails to rob 
 the people of this country." 
 
 Mr. SiiACKLEFORD. Mr. Chairman, I have never heard a stronger or a sounder 
 argument made against any question than that made here to-day al)out this insur- 
 ance clause on this bill. The amendment offered by the gentleman from Temies.'-ee 
 
620 LEGISLATIVE HISTORY 
 
 is open to the same objection. In the good old State of Missouri we are able to 
 determine for ourselves whether an insurance company shall have our business or 
 not, and I believe it would be unsound to confer upon the Secretary of Commerce 
 any power to determine whether an insurance company was conducting its business 
 in a lawful or unlawful manner. 
 
 Mr. Gaines, of Tennessee. Will the gentleman tell us how the people of Tennessee 
 will be able to determine whether a company is a wild-cat enterprise that is not com- 
 plying with the laws in your State; simply because its agents come into my State 
 with a lot of stock? 
 
 Mr. SiiACKLEFORD. lu reply to the gentleman I will tell him how we do that, and 
 how Tennessee can do. The insurance commissioner is clothed with authority and 
 power to compel an insurance company to exhibit everything in connection with it, 
 to make a complete showing to the insurance commissioner, and under the laws of 
 our State our commissioner has the jwwer and authority to go into the State where 
 the insurance company is incorporated to examine the books and securities; and it 
 nmst exhibit everything that we call for, so that when the commissioner has made 
 his examination our people know jjrecisely whether they want that company to do 
 business in our State or not. I am not willing to do anything that will be an invita- 
 tion to the Federal Government to take away our power to determine that for our- 
 selves. 
 
 Mr. Gaines, of Tennessee. Have the States any control over the mails? 
 
 Mr. SnACKLEFORD. That is foreign to the point 1 am talking about. The gentle- 
 man's amendment i)roposes that the Secretary of Commerce shall determine whether 
 insurance comi)anies are lawful or unlawful. I say 1 do not want the people of my 
 State put in the position where the Secretary of Commerce will have the power to 
 determine for them whether an insurance company is being lawfully conducted or 
 otherwise. Our people will determine that for themselves. Our State authorities 
 will determine for themselves. We have ample laws authorizing our insurance com- 
 mission to determine whether the insurance company is conducting a lawful busi- 
 ness, and they come into our State to do business only as a matter of grace. We 
 confer that grace upon none that fail to comply with our laws. But if you per- 
 mit the Secretary of Commerce to sit in judgment as to whether a certain insurance 
 company is conducting a lawful or unlawful business, you have taken the first step 
 toward the goal of Federalism, to which 4;he insurance companies are attempting to 
 lead us. 
 
 Mr. Gaines, of Tennessee. Just a moment, Mr. Chairman. 
 
 Mr. Mann. I make the point of order that debate is exhausted. 
 
 The Chairman. The gentleman from Illinois makes the point of order that debate 
 is exhausted. 
 
 Mr. Gaines, of Tennessee. I move to strike out the last word. 
 
 The Chairman. A motion to strike out the last word is not in order. 
 
 Mr. Gaines, of Tennessee. Then, Mr. Chairman, I ask unanimous consent that I 
 may have two minutes to reply to the gentleman. 
 
 The Chairman. The gentleman asks unanimous consent that he may have two 
 minutes. Is there objection? [After a pause.] The Chair hears none. 
 
 Mr. Gaines, of Tennessee. Now, 1 want to say to my good friend from Missouri 
 that I was standing with our State commissioner of insurance, Mr. Folk, a brother of 
 your Mr. Folk, and an insurance agent from your State, and both asked me to urge 
 this amendment. 
 
 Now, the gentleman talks about State rights. There is nothing about State rights 
 in this question. The Government controls absolutely the mails, and the gentleman 
 knows that the people in his State have not the money to send out their agents to 
 Ohio, New Hampshire, and New York, to find out whether it is a wild-cat or other 
 insurance company, and it is not until the little cabin is burned down that the peo- 
 ple find, when it is too late, that this company is a fraud, stealing the people's 
 money, and their insurance of no value. 
 
 The Chairman. The question is on the amendment. 
 
 The question was taken, and the amendment was rejected. 
 
 The Clerk proceeded with the reading of the bill, and read as follows: 
 
 Sec. 13. That the President is hereby authorized to transfer, by order in writing, at any time, any 
 office, bureau, division, Oi- other branch of tlie public service eupiKcd in statisticul or scientific work, 
 and not herein transferred to or included in tlie I)ei>:irtnu'iit of Coininerce and Laljor, to said Depart- 
 ment of Commerce and Labor; and in every sucli case the duties and autliority iierformed by and 
 conferred upon sucli office, bureau, iii\ision, or other branch of the ptibHc service so transferred shal^ 
 be transferred with sucli otlicc, l)ureau, division, or other branch of the public service, and al 
 jHiwcr and authority coiU\>rreil by law upon the Department trom which such transfer is made, or ths 
 Secri'tary thereof, sliall immediately, wlien such tiansfer is so ordered by the President, be fully con- 
 ferred ujion and vested ill the Department of Commerce and Labor, or the Secretary thereof, as the 
 case may be. 
 
LEGISLATIVE HISTORY 621 
 
 Mr. Mann. Mr. Chairman, by direction of the committer, 1 offer the following 
 
 amendment: 
 
 Aniend by striking out section 13 as printed and inserting in place thereof tlie following: 
 "yKC. 13. That the I'resident 1(0, and he is hereby, authorized, by order in writing, to tran.sferat 
 anv time the wlmle or any jiart of any ofltice, bureau, division, or other branch of the public service 
 engaged in statistical orscientitic work, to the Department of Commerce and Labor; and in every such 
 case the duties and authority performed by and conferred by law upon siirh ollice, bureau, <livision, 
 or other branch of the public service, or the part thereof so transferred, sliall lie thereby transferred 
 with such ottice, bureau, division, or other branch of the public service, or tlie jiart thereof which is 
 so transferred. And all power and authority conferred by law, both supervisory and appellate, upon 
 tlie I)epartment from which such transfer is nia<ie, or the Secretary thereof, in relntion to the said 
 ottice, bureau, division, or other branch of the pulilic service, or the part thereof so transferred, shall 
 immediately, when such transfer i.s so ordered by the I'resident, be fully conferred uiion and vested 
 in the Department of Commerce and Labor, or the Secretary thereof, as the case may lie, as to the 
 whole or part of such office, bureau, division, or other branch of the public service so transferred." 
 
 ]\Ir. OvERSTREET. Mr. Chairman, I desire to offer an amendment to the amend- 
 ment, hut in the absence of any printed copy of the amendment offered by the gen- 
 tlemen from Illinois I am unable to state the particular line to which my amendment 
 should be offered. I have my amendment prepared for the present l)ill as ])rinted. 
 I move to amend the amendment by inserting, after the word "labor," in line 5 of 
 the written amendment 
 
 ^[r. jNIanx. That would be in line 14 of the printed bill. 
 
 Mr. OvERsTKEET (continuing). These words "or the Interstate Commerce Com- 
 mission." 
 
 ]\Ir. Maxn. May I ask the gentleman from Indiana whether his jjurpose is to per- 
 mit the transfer by the President of the Interstate Commerce Commission to this 
 Department? 
 
 INIr. OvERSTREET. That is precisely the object of it. 
 
 Mr. Mann. I think, then, the gentleman has got it in the 'wrong place. 
 
 ]\Ir. OvERSTREET. I did not have an opportunity to read the amendment offered by 
 the gentleman from Illinois, but prepared my amendment with reference to the 
 printed bill. 
 
 Mr. ]\[ann. The gentleman's amendment should apply after the word "service" 
 in the fourth line. 
 
 'Sir. OvERSTREET. The gentleman is in error, because the words "other branch of 
 the public service engaged in statistical or scientific work" 
 
 Mr. Mann. The gentleman is correct. It should be after the word " work." 
 
 3Ir. OvERSTREET. 1 am quite agreeable, Mr. Chairman, that the amendment should 
 be considered at its proper place. 
 
 The Chairman. The amendment offered by the gentleman from Indiana will be 
 modified to that extent. 
 
 Mr. OvERSTREET. Mr. Chairman, the effect of this amendment is clearly to author- 
 ize the President, by Executive order, to transfer to the Department of Commerce 
 the Interstate Commerce Commission. The only purpose of the organization of this 
 Department is to extend, as far as jtossible, complete supervision by the Government 
 over commerce, and to dignify commerce by a position in the Cabinet through a 
 representative. It seems to me, Mr. Chairman, that the organization of the Bureau 
 of Commerce, or the Department of Commerce, without covering into that Depart- 
 ment the Interstate Commerce Commission, would be eijual to an attem[)t to perform 
 the play of Hamlet without that distinguished Shakesj)earean character. The only 
 branch of the public service to-day that has, by authority of law, any supervision of 
 commerce, is the Interstate Commerce Commission. Leaving it as an independent 
 branch of the service, without the supervision of any officer of the Department, 
 would lead, in my judgment, not only to confusion, but re.sult in conflict of author- 
 ity. It would du])licate important work, and greatly increase expense in both De- 
 partments. 
 
 In the third section of this bill provision is made in the enumeration of the duties 
 of this Department that "it shall be the duty of said Department to foster, promote, 
 and develop the foreign and domestic commerce, the mining, manufacturing, ship- 
 ping, and fisliery industries, the labor interests, the transportation facilities." And 
 yet there is no provision for the transportation facilities to be gathered through the 
 Interstate Commerce Commission nor from it to that Department. 
 
 In section 9 of the bill the Secretary of Commerce and Labor is directed to place 
 in his annual report certain information which has been ol)tained relative to "trans- 
 portation facilities." The great proportion of the commerce of this country is con- 
 ducted over and by means of transportation lines. The failure of this House to cover 
 this Commission, which to-day exercises a peculiar and almost complete control, so 
 far as law is permitted by Congress over transportation lines into the new Depart- 
 ment, would be to omit the most imi)ortant factor of the Department of Commerce. 
 
 The Chairman. The time of the gentleman from Indiana has expired. 
 
622 LEGISLATIVE HISTOEY 
 
 Mr. LiTTLEFiELD. Mr. Chairman, I ask unanimouH consent that the gentleman be 
 allowed to complete his remarks. 
 
 Mr. OvERSTREET. I Supplement that, Mr. Chairman, by asking that we have thirty 
 minutes debate on this question. 
 
 Mr. Mann. If the gentleman will permit me, I want to say that we have no objec- 
 tion — at least 1 have no objection, and I think the committee has no objection — to 
 the introduction of this provision into the amendment, if there is any question as to 
 the language of the bill permitting this transfer. Of course the gentleman's amend- 
 ment is not now in order. 
 
 Mr. OvEKSTREET. I am not sure of that. 
 
 Mr. Mann. I am very sure, because the committee has offered an amendment to 
 the amendment, and the gentleman can not offer an amendment to that amendment. 
 I am willing that the gentleman should ask unanimous consent to put it in, and I 
 hope it will be granted. 
 
 Mr. OvEKSTREET. Then, Mr. Chairman, if there is no objection t(j the amendment, 
 I do not care for further discussion. 
 
 Mr. Mann. As this is a committee amendment, I am not authorized to modify it. 
 The committee thought that the present language would be sufticient. If there is 
 any doubt about it, of course I presume there will be no objection to a suitable modi- 
 fication. 
 
 Mr. OvEKSTREET. I would like to continue my remarks for not more than tliree 
 minutes. 
 
 Several Members. Five minutes. 
 
 The Chairman. Unanimous consent is asked that the time of the gentleman from 
 Indiana l)e extended for five miiuites. Is there objection? The Chair hears none. 
 
 Mr. OvERSTREET. Mr. Chairman, I was about to suggest that when the Interstate 
 Commerce Commission was created it was placed in the Intericjr Department. Later, 
 on account of the doubt of certain ofiicers of that Department as to the propriety of 
 the supervision of the Commission by the head of the Interior Department, it was 
 thought advisable to niake this an independent Conunission, and it was given that 
 independence. This amendment now proposes that in the organization of this new 
 Department, particularly api:)licable to commerce, we shall cover this Commission 
 into this new Department. 
 
 I have certainly no objection to such change of position in the amendment as shall 
 bethought proper to accomplish the object; but certainly members of the House 
 will appreciate the importance of this Commission being a part of the new Department. 
 
 Mr. De Armond. Mr. Chairman, so far as I am concerned, this is a first-blush 
 proposition; in other words, it is a thing that I have not anticipated and have not 
 considered. The conclusion I reach about it is one reached hastily — one which, of 
 course, as hasty conclusions often are, may be incorrect. It seems to me, however, 
 that it would not be wise to put the Interstate Commerce Conunission into this 
 Department, under this control. This Commission has peculiar functions to perform. 
 The members are supposed to be selected on account of their large acquaintance with 
 affairs and their fine legal equipment. It is a quasi-judicial body. Now, to make 
 this Commission occupy a small pigeonhole in a large cabinet is practically, it seems 
 to me, to rob it of all the useful functions that it at present has or performs. The 
 Labor Dei:)artment, by being shoved into this Department, although the name is pre- 
 served in the title, instead of being increased or exalted in dignity or importance, is 
 lessened, is minimized, is made a comparatively trifling thing. 
 
 The Interstate Commerce Commission was created for very important purposes, 
 and while limited in its power and circumscribed perhaps too much in the exercise 
 of such power, and falling far short, possibly, of what it would be desirable to have 
 accomplished, and what, perhaps, its members attempt to accomplish, is yet a useful 
 agency of the Government, and its usefulness, in my judgment, can not be increased 
 or enhanced by this change. 
 
 Now it is independent; it stands out by itself. Make this change, and it becomes 
 a small part — comparatively an insignificant ]iart — of a very considerable whole. Its 
 prestige, in large part, will vanish. Its jiowers, instead of being augmented or yer- 
 fected, will likely be diminished; and the members of that Commission, instead of 
 being regarded, as they are now, as able lawyers, selected on account of their ability, 
 will drop to the level of ordinary bureau employees. By this remark I by no means 
 intend to reflect upon anybody in bureau employment or anybody in any Govern- 
 ment employment; but I say that this body will lose in dignity, lose in importance, 
 lose in power, lose in usefulness by transferring it to this Department and placing 
 it under this control. 
 
 That is my impression at first blush, as I say, not having given the subject consid- 
 eration, as i)erhaps the gentleman from Indiana [Mr. Overstreet] has done. But it 
 seems to me that my impression is based upon fundamentals, a consideration of 
 
LEGISLATIVE HISTORY 623 
 
 whic'li, for whatever length of time, would only tend to contirni and strengthen the 
 impression. 
 
 This Commission had better be left standing where it is. Leave it by itself. There 
 is enough already provided in this bill for this minister and this minister's aids and 
 assistants to discharge and perform. Let this Commission stand out to be as useful 
 as it may l)e; and when you make changes concerning it, increase its scope and 
 l)Ower, rather than diminish them, as would be done, I think, by the adoption of 
 this amendment. 
 
 The Chairman. The question is on the amen(hnent to the amendment as offered 
 by the gentleman from Indiana [Mr. Overstreet]. 
 
 Mr. Overstreet. I do not know but that in the present imrliamentary position the 
 amendment might strictly be out of order. Perhaps it would be proper to ask that 
 it be considered in order by unanimous consent. 
 
 The Chairman. The Chair would rule that an objection at this time would come 
 too late. The question is on the amendment of the gentleman from Indiana. 
 
 The question being taken, there were — ayes 72, noes 74. 
 
 IMr. Overstreet. I call for tellers. 
 
 Tellers were ordered; and Mr. Overstreet and Mr. De Armond were appointed. 
 
 The committee again divided; and the tellers reported — ayes 99, noes 88. 
 
 So the amendment to the amendment was agreed to. 
 
 The Chairman. The question now is upon the amendment as amended. 
 
 The question was taken, and the amendment as amended was agreed to. 
 
 The Clerk read as follows: 
 
 Sec. 14. That this act shall take effect and be enforced from and after its passage. 
 
 Mr. Mann. Mr. Chairman, I offer the the following amendment, \\hich I will 
 send to the desk and ask to have read. 
 The Clerk read as follows: 
 
 Amend section 14 by inserting after the word "passage," in line 2, page 18, the following: 
 "Provided, hoicercr, That the provisions of this act in relation to the transfer of any existing office, 
 bnreau, division, officer, or other branch of the public service or authority now conferred thereon to 
 the Department of Commerce and Labor shall take elfect and be in force on the 1st day of July, 1903 
 and not before." 
 
 The Chairman. The question is on agreeing to the amendment. 
 
 The amendment was agreed to. 
 
 The Chairman. The question now is on agreeing to the substitute as amended. 
 
 The question was taken, and the substitute as amended was agreed to. 
 
 ilr. Hepburn. 3Ir. Chairman, I move that the committee do now rise and report 
 the su))stitute to the House as amended with the recommendation that the bill with 
 the amendment in the nature of a substitute do pass. 
 
 The motion was agreed to. 
 
 The committee accordingly rose; find the Speaker pro tempore, Mr. Dalzell, hav- 
 ing resumed the chair, Mr. Lawrence, Chairman of the Committee of the Whole 
 House on the state of the Union, reported that that committee had had under con- 
 sideration the bill (S. 569) to establish the Department of Commerce and Labor and 
 had directed him to report the same back with an amendment in the nature of a 
 substitute, with the recommendation that the substitute be agreed to, and that the 
 bill as amended do pass. 
 
 Mr. Hepburn. I\Ir. Si>eaker, I move to strike out all after the word "that" in the 
 first section and insert the following, which I will send to the desk and ask to have 
 read, and upon that question and upon the substitute to its passage I demand the 
 previous question. 
 
 The Speaker pro tempore. The gentleman from Iowa moves to amend the substi- 
 tute, as reported from the Committee of the Whole, in words as follows, which the 
 clerk Avill now report. 
 
 ]\Ir. Adamson. Mr. Speaker, I rise to a parliamentary inquiry. 
 
 The Speaker pro tempore. The gentleman will state it. 
 
 Mr. Adamson. I desire to ask if we wall be shut out from asking for separate votes 
 upon the various amendments agreed upon in the Committee of the Whole House 
 on the state of the Union. 
 
 The Speaker pro tempore. The Chair will state to the gentleman from Georgia 
 that there are no amendments upon which separate votes could be had. The report 
 of the Chairman of the Committee of the Whole House was upon an amendment in 
 the nature of a substitute which had been perfected. 
 
 Mr. Adamson. Then rather than strangle and bottle the Interstate Commerce Com- 
 mission, we will have to vote against the bill. 
 
 Mr. Richardson, of Alabama. Mr. Speaker, I rise to a parliamentarj^ inquiry. 
 
 The Speaker pro tempore. The gentleman will state it. 
 
624 LEGISLATIVE HISTORY 
 
 Mr. Richardson, of Alabama. I desire to know, as representing the minority on 
 the committee, what would be the proper time, parliamentarily speaking, for me to 
 offer a motion to recommit with certain instructions. 
 
 The Speaker pro tempore. After tlie third reading of the Senate bill. The Clerk 
 will report the amendment offered by the gentleman from Iowa. 
 
 Mr. CoKLiss. Mr. Speaker, I rise to a parliamentary inquiry. 
 
 The Speaker pro tempore. The gentleman will state it. 
 
 Mr. Corliss. The motion, as I understand it, is to sul)stitute the bill or measure 
 proposed by the chairman of the committee in lieu of the one which has been con- 
 sidered and amended in the Connnittee of the Whole. Is that right? 
 
 The Speaker pro tempore. The motion of the gentleman from Iowa is to amend 
 the substitute reported by the Committee of the Wliole House on the state of the 
 Union in the words that the Clerk will now report. 
 
 Mr. Hepburn. Mr. Speaker, for the purpose of saving time, if the gentleman will 
 permit me 
 
 Mr. Corliss. Yes; I would like to understand. 
 
 Mr. Hepburn. The only change in this amendment that I have made from the 
 substitute as it has been amended is the restoration of the words "insurance," etc., 
 and the restoration of the sixth section. 
 
 Mr. Corliss. I submit that we have a right to a separate vote on that question. 
 It was impossible to ascertain the purpose of tlie gentleman because the amendment 
 has not been read. Now, we demand a separate vote uiaon that question. 
 
 The Speaker pro tempore. Of course the House will vote on the motion of the 
 gentleman from Iowa. 
 
 INIr. Corliss. I sul)mit that under the rules we have a right to a vote on each 
 amendment; but as I understand the proposition, it is to put all these things in and 
 vote on the bill as a whole with them in. 
 
 Mr. Hepburn. You can vote on my motion. 
 
 Mr. Corliss. But your motion includes all these things. 
 
 The Speaker pro tempore. The Chair will state the parliamentary situation: The 
 Senate passed a bill (S. 569) to establish a Department of Commerce and Labor and 
 sent it to the House. The House sent the bill to its Committee on Interstate and 
 Foreign Commerce. That Committee reported the bill to the House, striking out all 
 after the enacting clause, and offering one single amendment by way of a substitute. 
 The Committee of the Whole, in the consideration of that amendment by way of 
 substitute, perfected it by various amendments, but of those amendments the House 
 knows nothing. The House knows nothing except what it has learned from the 
 report of the Chairman of the Committee of the Whole, and he rej^orted that the 
 Committee of the Whole had agreed upon an amendment in the nature of a substi- 
 tute to the Senate bill. 
 
 The gentleman from Iowa now moves to amend the substitute reported by the 
 Committee of the Whole by striking out all after a certain word and inserting the 
 following language, and u[)on that the House will have an opportunity to vote when 
 the amendment has been read. 
 
 Mr. Corliss. One further inquiry. Has not the House the right to vote upon the 
 amendment reported by the Committee of the Whole before l)eing forced to vote upon 
 the Avhole measure as amended? I raise that parliamentary inquiry and object to 
 the substitution of a measure which reincorporates into the bill the very provisions 
 which we have stricken out in the Committee of the Whole. 
 
 The Speaker pro tempore. It is in the power of the House to afRrm the action of 
 the Committeof the Whole by voting down the amendment. The Clerk will report 
 the amendment. 
 
 The Clerk began the reading of the amendment. 
 
 Mr. Hepburn (interrupting the reading). I ask unanimous consent that the reading 
 may be dispensed with. The only change is in section 3 and in the sixth section — 
 the insurance section — which was stricken out. 
 
 Mr. De Armond. Pending that request, I should like to understand whether the 
 gentleman has also asked the previous question, so as to cut off all debate on that 
 pnipos^ition. 
 
 j\Ii'. Hepburn. I have tried to. 
 
 The Speaker jiro tempore. The gentleman will have to be recognized for that mo- 
 tion after the amendment has been read. 
 
 Mr. Adamson. I should like to asked the gentleman from Iowa if the language 
 proposed to be read includes this provision to transfer the Interstate Commerce 
 Commission. 
 
 Mr. Hepburn. It does. 
 
 The Speaker pro tempore. The Clerk will report the amendment. 
 
LEGISLATIVE HISTORY 625 
 
 Mr. IIepuurn. I tliiuk there was no cibjection to suspending the reading. 
 
 Mr. De Ar.mond. Mr. Speaker, if the time that would be consunu'd in reading this 
 may be devoted to del)ate, with t)ther reasonable time added to it, I think there will 
 be no ol )jeetion. If, however, the object is to cut off all debate, I think we had better 
 have it reati. 
 
 ]Mr. Hepburn. 1 withdraw the request. 
 
 Mr. Corliss. A parliamentary inquiry. When section 6 is reached in tliis reading, 
 is it not in order to move to strike that out of the projiosed amendment? 
 
 The Speaker ])ro tempore. That would be an amendment in the third degree. 
 There is nothing in order now but the reporting of the amendment. 
 
 The Clerk resumed the reading of the amendment, as follows : 
 
 Strike out all after the first word, "That," in the substitnte amendment proposed by the Com- 
 mittee ol" the Whole House on the state of the Union anil insert in lieu thereof the following: "there 
 shall be at the seat of governmentan executive department to be known as the Department of Com- 
 merce and Labor, and a Secretary of Connneree and Labor, who shall be the head thereof, who shall 
 be appointeil by the I'resident, by and with the advice and consent of the Senate, who shall receive 
 asalary of Ss.ouO yier annum, and whose term and tenure of office shall be like that of the heads of 
 the other Kxeculive Departments; and section IfiS of the Revised Statutes is hereby amended to 
 include such i)epartment, and the provisions of title ■! of the Keviscd Statutes, includii'ig all amend- 
 ments thereto, are hcrcl)y made a]>plicalik' to said Dejiartmeiit. Tlie said Sccri^tary shall cause a seal 
 of office to be made for the said Department of such clevice as the President shall approve, and judi- 
 cial notice shall be taken of the seal. 
 
 "Sec. 2. That there shall be in said Department an Assistant Secretary of Commerce and Labor, to 
 be appointed l>y the I'resident, who shall receive a salary of ffi, QUO a year. He shall perform such 
 dutii's assliall be iirescril)i'd liy the Secretary or required by law. Tliere shall also be onecliicf clerk 
 and a disbtn-sing clerk and such other clerical assistants as uuiy from time to time be authorized by 
 Congress; and the Au<lit(ir fur the State and other Di'iiartments shall receive all accounts accruing in 
 or relative to the Department of Commerce and Labor and examine the same, and certify the bal- 
 ances arising therccm to the Secretary of the Treasury in the same manner as the balances on similar 
 accounts are certilied under existing law. 
 
 "SEC. 3. That it sliall be the jirovince and duty of said Department to foster, promote, and develop 
 the foreign and domestic commerce, tlie mining, manufacturing, shipping, and fishery industries, the 
 labor interests, the transportation facilities, and the insurance business of the United States; and to 
 this end it shall be vested with jmisdiction and control of the departments, bureaus, offices, and 
 branches of the public service hereinafter speci lied, and with such other powers and duties as maybe 
 prescribed by law. All unexpended apjiropriations, which shall be available at the time when this 
 act takes effect, in relation to the various offices, bureaus, divisions, and otiicr branches of the public 
 service, which shall, by this act, be transferred to or included in the Department of Commerce and 
 Labor, or which may hereafter, in accordance with the provisions of this act, Ije so transferred, shall 
 become available, from the time of such transfer, for expenditure in and by the Department of Com- 
 merce and Lalior, and sliall be treated the same as though said branches of the public service had 
 been directly named in the laws making said appropriations as parts of the Department of Commerce 
 and Labor, under the direction of the Secretary of said Department. 
 
 "Sec. 4. That the following-named offices, bureaus, divisions, and branches of the public service, 
 now and hert'tofore under the jurisdiction of the Department of the Treasury, and all that pertains 
 to the same, known as the Light-House Board, the Light-House Establishment, the National Bureau 
 of Standards, the Coast and (ieodctic Survey, the Commissioner-General of Immigration, the Commis- 
 sioners of humigration, the Bureau of Immigration, the immigration service at large, and the Bureau 
 of Statistics, be, and the same hereby are, transferred from the Department of the Treasury to the 
 Department of Commerce and Labor, and the same shall hereafter remain under the jurisdiction and 
 supervision of the last-named Department; and that the Cen.sus Office, and all that pertains to the 
 same, be, and the same hereby is, transferred from the Department of the Interior to the Department 
 of Commerce and Labor, to remain henceforth under the jurisdiction of the latter; that the Depart- 
 ment of Labor, the Fish Commissioner, and the office of Commissioner of Fish and Fisheries, and all 
 that pertains to the same, be, and the same hereby are, placed tnider the jurisdiction and made a 
 part of the Department of Commerce and Labor; that tlie Bureau of Foreign (Commerce, now in the 
 Department of State, be, and the same hereby is, transferred to tlie Department of Commerce and 
 Labor and consolidated with and made a part of the Bureau of Statistics, hereinbefore transferred 
 from the Department of the Treasury to the Department of Commerce and Labor, and the two shall 
 constitute one Bureau, to be called the Bureau of Statistics, with a Chief of the Bureau; and that the 
 Secretary of Commerce and Labor shall have control of the work of gathering and distributing statis- 
 tical information naturally relating to the subjects confided to his Department; and the Secretary of 
 Commerce and Labor is hereby given the power and authority to rearrange the statistical work of 
 the bin-eaus and offices confided to said Department, and to consolidate any of the statistical bureaus 
 and offices transferred to said Department; and said Secretary shall also have authority to call upon 
 other departments of the Government for statistical data and results obtained by them; and said Secre- 
 tiiry of Commerce and Labor may collate, arrange, and publish such statistical information so 
 obtained in such manner as to him may seem wise. 
 
 " That the official records and papers now on file in and pertaining exclusively to the business of 
 any bureau, office, department, or branch of the public service in this act transferred to the Depart- 
 ment of Commerce and Labor, together with the furniture now in use in such bureau, office, depart- 
 ment, or branch of the public service, shall be, and hereby are, transferred to the Department of 
 Commerce and Labor. 
 
 " Sec. 5. That there shall b? in the Department of Commerce and Labor a bureau to be called the 
 Bureau of Manufactures, and a Chief of said Bureau, who shall be appointed by the President, and 
 who shall receive a salary of 14,000 per annum. There shall also be in said Bureau such clerical 
 assistants as may from tune to time be aiUhorized by Congress. It shall be the province and duty of 
 said Bureau, under the direction of the Secretary, to foster, promote, and develop the various manu- 
 facturing industries of the United States, and markets for the same at home and abroad, domestic and 
 foreign, by gathering, compiling, publishing, and supplying all available and useful information 
 concerning such industries and such markets, and by .such other methods and means as maybe 
 prcscri))ed liy the Secretary or provided by law. And all consular officers of the United States, 
 including consuls-general, consuls, and commercial agents, are hereby required, and it is made a 
 part of their duty, under the direction of the Secretary of State, to gather and compile, from time to 
 time, useful and material information and statistics in respect to the subjects enumerated in section 
 
 27628—04 40 
 
626 
 
 LEGISLATIVE HISTORY 
 
 3 of this act in the countries and places to which such consular officers are accredited, and to send, 
 under the direction of the Secretary of State, reports as often as required of the information and statis- 
 tics thus gathered and compiled, such reports to be transmitted through the State Department to the 
 Secretary of the Department of Commerce and Labor. 
 
 "Sec. 6. That there shall be in the Dejiartnient of Commerce and Labor a bureau to be called the 
 Bureau of Insurance, and a Chief of suid Bureau, who shall be appointed by the President, and who 
 shall receive a salary of S4,000 per annum, nnd such clerical assistants as may from time to time be 
 authorized by law. It shall be tlie province and duty of said Bureau, under the direction of the Sec- 
 retary, to exercise such control as may be provided by law over every insurance company, society, 
 or association transacting business in the United States outside of the State. Territory, or district 
 wherein the same is organized, and to foster, promote, and develop the various insurance industrie ; 
 of the United States by gathering, compiling, publishing, and supplying all available and useful 
 information concerning such insurance companies and the business of insurance, and by such other 
 methods and means as may be prescribed by the Secretary or provided by law. 
 
 "Sec. 7. That there shall be in the Department of Commerce and Labor a Bureau to be called the 
 Bureau of Corporations, and the Chief of said Bureau shall be appointed by the President, and shall 
 receive a salary of 14,000 per annum. There shall also be in said Bureau such clerks and assistants as 
 may from time to time be authorized by law. It shall be the province and duty of said Bureau, under 
 the direction of the Secretary of Commerce and Labor, to gather, compile, publish, and supply useful 
 information concerning sucli corporations doing business within the limits of the LTnited States as 
 shall engage in interstate commerce or in commerce between the United States and any foreign 
 country, and to attend to such other duties as may be hereafter provided by law. 
 
 "Sec. 8. That the jurisdiction, supervision, and control now possessed and exercised by the Depart- 
 ment of the Treasury over the fur-seal, salmon, and other fisheries of Alaska, and over the immigra- 
 tion of aliens into the United States, its waters, territories, and any place subject to the jurisdiction 
 thereof, are hereby transferred and vested in the Department of Commerce and Labor. That the 
 authority, power, and jurisdiction now possessed and exercised by the Secretary of the Treasury by 
 virtue of any law in relation to the exclusion from and the residence within the United States, its 
 Territories, and the District of Columbia, of Chinese and persons of Chinese descent are hereby trans- 
 ferred to and conferrt<l uiion the Secretary of Commerce and Labor, and the authority, power, and 
 jurisdiction in relation thereto now vested by law or treaty in tlie collectors of customs and the col- 
 lectors of internal revenue are hereby conferred upon and vested in such officers, under the control 
 of the Commissioner-General of Imriiigration, as the Secretary of Commerce and Labor may desig- 
 nate therefor. 
 
 " Sec. 9. That the Secretary of Commerce and Labor shall annually, at the close of each fiscal year, 
 make a report in writing to Congress, giving an account of all moneys received and disbursed by him 
 and his Department, and describing the work done by the Department in fostering, promoting, and 
 developing the foreign and domestic commerce, the mining, manufacturing, shipping, an<l fishery 
 industries, the transportation facilities, and insurance business of the United States, and making such 
 recommen<lations as he shall deem necessary for the effective performance of the duties and purposes 
 of the Department. He shall also from time to time make such special investigations and reports as 
 he may be required to do by the President, or by either House of Congress, or which he himself may 
 deem necessary and urgent. 
 
 "Sec. 10. That the Secretary of Commerce and Labor shall have charge, in the buildings or prem- 
 ises occupied by or ap[)ropriated to the Department of Commerce and Labor, of the library, furniture, 
 fixtures, records, and other property pertaining to it or hereafter acquired for use in its business; and 
 he shall be allowed to expend for periodicals and the purposes of the library, and for the rental of 
 approi)riate quarters for the accommodation of the Department of Commerce and Labor within the 
 District of Columljia, and for all other incidental expenses, such sums as Congress may provide from 
 time to time: Provided, hmrrver, That where any office, bureau, or branch of the public service 
 transferred to the Department of Commerce and Labor by this act is occupying rented buildings or 
 premises, it may still continue to do so until other suitable quarters are provided foritstise: And pro- 
 vided farther, Thnt all officers, clerks, and employees now employed in any (jf the b\ireans, offices, 
 de7>artmcnts, or branches of the public service in "this act transferred to tlie Department of Commerce 
 and Labor are each and all hereby transferred to said Department at their present grades and sala- 
 ries, except where otherwise provided in this act: And provided fnrihir. That all laws jirescril)ing the 
 work and defining the duties of the several bureaus, offices, departments, or branches of the public 
 service by this act transferred to and made a part of the Department of (.'ouimeree and Labor shall, 
 so far as the .same are not in conflict with the provisions of this act, remain in full force and effect 
 until otherwise provided by law. 
 
 "Sec. 11. That all power and authority heretofore possessed or exercised by the head of any execu- 
 tive department over any bureau, office, branch, or division of the public service by this act tran.s- 
 ferred to the Department of Commerce and Labor, or any business arising therefrom or pertaining 
 thereto, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and 
 exercised by the head of the said Department of Commerce and Labor. And all acts or parts of acts 
 inconsistent with this act are, so far as so inconsistent, hereby repealed. 
 
 "Sec. 12. A person, to be designated by the Secretary of State, shall be appointed to formulate, 
 under his direction, for the Instruction of consular officers, the requests of the Secretary of Commerce 
 and Labor; and to prepare from the dispatches of consular officers, for transmission to the Secretary 
 of Commerce and Labor, such information as pertains to the work of the Department of Commerce 
 and Labor; and such person shall have the rank and salary of a chief of bureau, and be furnished 
 with such clerical assistants as may from time to time be authorized by law. 
 
 "Sec. 13. That the President be, and he is hereby, authorized, by order in writing, to transfer at 
 any time the whole or any part of any office, bureau, division, or other branch of the public service 
 engaged in statistical or scientific work or the Interstate Commerce Commission, to the Department 
 of Commerce and Labor; and in every such case the duties and authority performed by and conferred 
 by law upon such office, bureau, division, or other branch of the public s(^rvice, or the part thereof 
 so transferred, shall be thereby transferred with such office, bureau, division, or other branch of the 
 public service, or the part thereof w hich is so transferred. And iill power and authority conferred by 
 law, both supervisory and apjiellate, upon the Department from which such transfer is made, or the 
 Secretary thereof, in relation to the said office, bureau, division, or other branch of the jiublic service, 
 or the part thereof so fansferred, shall immediately, when such transfer is so ordered by the Presi- 
 dent, be fully conferred upon and vested in the Department of Commerce and Labor, or the Secretary 
 thereof, as the case may be, as to the whole or part of such office, bureau, division, or other branch 
 of the public service so transferred. 
 
 "Sec. 14. That this act shall take effect and be in force from and after its passage: Provided, how- 
 ever, That the provisions of this act in relation to the transfer of nny existing office, bureau, division, 
 officer, or other hraneli of the jinlilie service, or authority now conferred thereon, to the Deyiartment 
 of Commerce and Labor shall take effect and be in force "on the 1st day of July, l')03, and not before." 
 
 [This print of substitute includes House amendments.] 
 
LEGISLATIVE HISTORY 627 
 
 After the reading of section 8, 
 
 Mr. Gkosvenor. I\[r. Speaker, I desire to ask unaniuions consent that the further 
 readino; of this amendment may l)e dispensed with. 
 
 Mr. De Ahmond. ]\Ir. Si)eaker, I am satisiied that will be distasteful to the chair- 
 man of the ct)mmittee, and I think it had better go on. 
 
 Tlie Clerk resumed and concluded the reading of the amendment. 
 
 Mr. Hep}5urx. ]Mr. iSpeaker, I demand the previous question 
 
 Mr. KiCHARDsoN, of Tennessee. 1 desire to make a point of order 
 
 Mr. HEPurRN (continuing). Upon that motion. 
 
 INIr. Richardson, of Tennessee (continuing). Against this amendment in the 
 nature of a substitute. 
 
 Mr. Hepburn. I demand the previous question. 
 
 Mr. Richardson, of Tennessee. I want to make a point of order against the sub- 
 stitute offered now l>y the gentleman from Iowa. 
 
 The Speaker ])ro tempore. The gentleman will state his point of order. 
 
 Mr. Richardson, of Tennessee. The point of order I make, ]\Ir. Sjieaker, is tliis: 
 The Committee of the Whole House on the state of the Union perfected a substitute, 
 a substitute reported by the chairman of the Committee on Interstate and Foreign 
 Commerce. They reported it as a substitute. Now, Mr. Speaker, that substitute 
 has been jierfected, so to speak. It has ])een considered and amended. Now the 
 gentleman comes and undertakes to offer a substitute for that substitute. I say he 
 can not do it. There can be but one substitute at one time. 
 
 Now, Rule XIX provides how substitutes shall be considered. It is not necessary 
 to quote the language of the rule, but there can be but one substitute pending except 
 by unanimous consent. Unanimous consent has not Iteeu given for two substitutes, 
 and now the one substitute having been perfected and presented to the House for 
 consideration, for action, it is not in order to move another independent substitute 
 for the substitute already perfected. 
 
 I think that is clear, and the gentleman's motion is simply a substitute; it is noth- 
 ing but a suljstitute. The gentleman, I believe, used the word ' ' substitute, ' ' although 
 I am not sure about that. But whether he did or not, he undertakes to substitute 
 one bill for another bill, so I care not if the sections are identical in language, and I 
 understand he said they were. But that is immaterial. It is an independent proposi- 
 tion. It is an independent su])stitute, and tiiere can be but one substitute pending. 
 That has been perfected, and ^\•e are entitled to a vote upon it. 
 
 The Speaker jjro tempore. The Chair is ready to rule. The Committee on Inter- 
 state and Foreign Commerce reported to the House a Senate bill with an amendment 
 in the nature of a substitute. The Chairman of the Committee of the Whole House 
 on the state of the Union reported that that committee had had under consideration 
 the amendment in the nature of a su])stitute and had i)erfected it, and recommendect 
 that the bill as amended do pass. The motion of the gentleman from Iowa now is 
 clearly an amendment to the subs'titute recommended by the Committee of the 
 Whole House to the House, and is certainly in order. The question of admitting 
 such an amendment to a substitute was settled as long ago as 1836 by Mr. Speaker 
 Polk. 
 
 The gentleman from Iowa is recognized. 
 
 Mr. Hepburn. I demand the previous question. 
 
 Mr. Corliss. A parliamentary inquiry, Mr. Sjieaker. 
 
 The Speaker pro tempore. The gentleman will state it. 
 
 Mr. Corliss. Is it in order to offer an amendment striking out section (> aiid other 
 provisions with reference to insurance? 
 
 The Speaker pro tempore. It is not. 
 
 Mr. Richardson, of Tennessee. A parliamentary inquiry. If in the vote on the 
 demand upon the previous question made l)y the gentleman from Iowa we vote 
 down the demand, will it not be in order to offer the amendment offered by the 
 gentleman from Michigan? 
 
 The Speaker pro tempore. The gentleman can answer that question as well as the 
 Chair. 
 
 Mr. Richardson, of Tennessee. I submit the questien to the Chair. 
 
 Mr. Grosvenor. I make the point of order that the gentleman has no right to ask 
 such a question. 
 
 Mr. Richardson, of Tennessee. I will answer if the Chair will not. It will be in 
 order. 
 
 The Speaker pro tempore. The question is on the motion of the gentleman from 
 Iowa, demanding the previous question. 
 
 The question was taken, and the Speaker ])ro tempore announced that the ayes 
 seemed to have it. 
 
 Mr. CoKLiss and Mr. De Armond. Division! 
 
G28 LEGISLATIVE HISTORY 
 
 Tlie House divided, and there were — ayes 78, noes 100. 
 
 80 the demand for the previous question was rejected. 
 
 IVIr. Hepburn. Mr. Speaker 
 
 The Speaker pro tempore. Tlie gentleman from Iowa. 
 
 Mr. Corliss. Mr. Speaker 
 
 Mr. Richardson, of Tennessee. Mr. Speaker, I make the point of order tliat the 
 Chair can not recognize the gentleman from Iowa now. 
 
 The Speaker pro tempore. Tlie gentleman does not need to make the point of 
 order. The Chair recognizes the gentleman from Michigan. 
 
 Mr. Corliss. Mr. Sj)eaker, I ask to have a vote on the amendment adopted by the 
 Committee of the Whole. 
 
 Mr. Payne. I make the point of order upon tliat. 
 
 Mr. Corliss. And upon that I demand the i)revious question. 
 
 Mr. Payne. I make the point of order against that. 
 
 Mr. Mann. A parliamentary inquiry, Mr. S|>eaker. 
 
 The Speaker pro tempore. The gentleman will state it. • 
 
 Mr. Mann. If the gentleman from Michigan will give his attention. As I under- 
 stand the situation, the Committee of the Whole perfected one amendment? 
 
 The Speaker pro tempore. Yes. 
 
 Mr. Mann. And the only vote that can be taken in reference to the amendment 
 adopted in the committee is whether the perfected amendment shall be adopted. 
 The vote which is now due to the House, in case there is no discussion, is simply this 
 amendment of the gentleman from Iowa, offering a substitute inserting in the bill as 
 jierfected by the committee two provisiuns in reference to insurance. I supjiose, Mr. 
 Speaker, that if that substitute is voted for, then that brings it before the House as 
 the amendment; if it is voted down, the amendment perfected by the Committee of 
 tlie Whole House comes before the House and it does not require the motion of the 
 gentleman from Michigan. 
 
 The Speaker pro tempore. The gentleman from Illinois has correctly stated the 
 parliamentary situation. 
 
 Mr. Corliss. Mr. Speaker, I understood the vote was on the substitute offered by 
 the gentleman from Iowa instead of upon ordering the previous question. I there- 
 fore moved to amend the amendment of the gentleman from Iowa by striking out 
 section 6 and the language in section 3 embracing the insurance business. 
 
 The Speaker pro tempore. The gentleman's amendment is not in order, because 
 it is an amendment in the third degree and is not admissible under the rules. 
 
 Mr. Richardson, of Tennessee. Mr. Speaker, the parliamentary status is that the 
 amendment offeree! by the gentleman from Iowa [Mr. Hepburn] is before the House. 
 That amendment intdudes, if I may have the attention of the gentleman from 
 Michigan 
 
 The Speaker pro tempore. The Chair sul)mits that this is a very important matter, 
 and to an intelligent understanding of it we nmst have order. The House will please 
 be in order. 
 
 Mr. Richardson, of Tennessee. The House having voted down the demand for the 
 jirevious questicjii does not preclude the right to have a vote upon the amendment 
 offered by the gentleman from Iowa [Mr Hepburn]. His amendment, having been 
 held by the Chair to be in order, is now to be voted upon in the form in which it 
 has been read and submitted by the gentleman from Iowa. The gentleman from 
 Michigan made a motion to strike out the sixth section, or so much as relates to the 
 Insurance Bureau, and the Chair holds that it is not in order because it is an amend- 
 ment in the third degree; and that ruling is correct, as it seems to ine. Therefore 
 the proposition comes to us now to accept the amendment offered by the gentleman 
 from Iowa as a whole or to vote it down. If we accept it as a whole, we accept it 
 with the provision for the Insurance liureau, which the committee has on two or 
 three sej^arate occasions voted out of the bill. 
 
 Now, all we need to do, those of us who believe that that ought not to be in the 
 bill — all we need to do is to stand together and vote against the amendment offered 
 by the gentleman from Iowa. It has been demonstrated repeatedly to-day that we 
 have votes enough to vote it out, and when that is voted down, then the gentleman 
 from Michigan would have the right to demand the previous question on the measure 
 as it came from the Committee of the Whole House on the state of the Union. Now, 
 let us vote down the amendment offered by the gentleman from Iowa. 
 
 Mr. Payne. Mr. Speaker, the gentleman from Tennessee is correct, and under that 
 statement I do not see why, led by the gentleman from Tennessee, the House voted 
 the previous question down. 
 
 Mr. Richardson, of Tennessee. It does not matter who led; there were votes 
 enough coming from that side of the House to vote it down. We have not votes 
 enough on this side. Patriotic Rei)ublicans voted with us. 
 
LEaiSLATIVE HISTORY 629 
 
 Mr. Payne. I was only illustrating the folly of the gentleman from Tennessee and 
 the folly of members on this side following him. [Laughter.] 
 
 The Si'EAKER pro tempore. The question is on the amendment offered by the gen- 
 tleman from Iowa [Mr. Hepburn]. 
 
 The question was taken; and on a division (demanded by INIr. Hep])urn) there 
 were — ayes 66, noes 75. 
 
 So the amendment was lost. 
 
 Mr. Corliss. Mr. Speaker, I now move the previous questi(ju on the l)ill as reported 
 to the House. 
 
 The Speaker pro tempore. The gentleman from Michigan asks the previous ques- 
 tion on the bill to its passage. 
 
 The question was taken; and the previous question was ordered. 
 
 The Speaker j^ro tempore. The question now is on the amendment in the nature 
 of a substitute. 
 
 The question was taken; and the amendment was agreed to. 
 
 The Speaker pro tempore. The (juestion now is on the third reading of the Senate 
 bill. 
 
 The question was taken; and the bill was ordered tol)e read a third time, and was 
 read the third time. 
 
 Mr. Richardson, of Alabama. Mr. Speaker, I have a motion to recommit the bill 
 with instructions, which I sen<l to the Clerk's desk. 
 
 The Clerk read as follows: 
 
 Resolved, That the pending bill be recommitted to the Committee on Interstate and Foreign Com- 
 merce with instructions to report a bill or bills to the House to create and establish two separate 
 Pepartincnts, a Dciiartmont of Labor and a Department of ComnuTce, each of the same dignity as 
 existing Departments and each with a Secretary in the CaViiiiet nf tlie rresident, and to assign to 
 each of the Iicpartmcnts proper and relative bureaus; with instructions also to strike out section 7 of 
 the bill and insert the following as section 7; 
 
 Sec 7. That there shall be cstal)lisheil in the Department of Commerce a Bureau to be called the 
 Bureau of Corporations, and the Chief of said Bureau, who shall be appointed by tlie President, by 
 and with the advice and consent of the Senate, and who shall receive a salary of 11,000 per annum. 
 There shall also Ije in said Bureau one chief clerk and one auditor and such number of examiners as 
 sliall lie needed to carry out the purposes of this act. Said auditor and examiners sliall be expert 
 accountants, and shall "be paid salary and necessary exjicnses. There shall also be sueli otlier cler- 
 ical assistants as may from time to time be authorized liy Congress. It shall lie tlie]irovince and duty 
 of said Bureau of Corjiorations, un<ier the direction of the Secretary of Coiunierce, to inspect and 
 examine all corporations engaged in interstate or foreign commerce" by gathering, compiling, pub- 
 lishing, and supiilyiiig all available and useful information concerning .such corporations, including 
 the manner in wliich tlieir business is conducted, and by such other methods and means as may be 
 prescriljcd by the Secretary. 
 
 Every corjioration governed by this act shall make annual reports in writing to the said auditor of 
 said Bureau, and such report shall in all cases include — 
 
 (a) Capital authorized and issued: the amount paid up in ca.sh or otherwise, with a statement of 
 the metliod of iiaying where it is not in cash. 
 
 (li) Debts, in( luding details as to the amount thereof and security given therefor, if any. 
 
 (c) Obligations due from officers, which shall be seiiarately stated. 
 
 (d ) A statement of assets and the method of valuing the same, whether at cost price, by appraisal, 
 or otherwise, and of the allowance marie for depreciation. Small items of per.sonal property included 
 in a plant may be described by the term "sundries" or lik(> general term. 
 
 (e) Gro.ss earnings for the period covered by the report, all deductions necessary for interest, taxes, 
 and expen.se of all sorts, the surjilus available for dividends, and <lividends jictually declared. 
 
 (f) Increase of as.sets since the last statement, with a showing in what way such" increa.se has been 
 secured. 
 
 (g) The names and addresses of stockholders, with the number of shares held by each at the date 
 of the report. 
 
 (h) The amount of stock disposed of and the amount of property taken for stock sold since the last 
 report, with all facts necessary to show the results of the tran.saction. 
 
 (i) A statement showing that the corporation in (|uestion has not. during thciieriod covered by the 
 said report, receive'l any rebates, drawbacks, s|ieeial rates or <liscriminations. advantages or prefer- 
 ences, by money jiayments or otherwise, from any railroail, pijie line, water carrier, or other trans- 
 portation company, or if any such have been received or given, stating when, from whom, on what 
 account, an<l in what manner they were so received, with all other details necessary to a full under- 
 standing of the transactioti or transactions. 
 
 (j) The names and addri'.sses of all officers: location of transfer or registry offices, wherever located. 
 
 (k) A statement that tlie corporation lias n<it llxed prices, or done any other act with a view to 
 restricting trade or drivin.g any competitor out of Imsmcss. 
 
 (1) A statement that the eorjioration is or is not a party to any contract, combination, or conspiracy 
 in the form of trust or otlierwi.se in restraint of trade or commerce among the several States or Ter- 
 ritories or with forei.Lrn nations. 
 
 (m) A statement of the jiroportion of goods going into interstate commerce. 
 
 That it sliall he the duty of the auditor to prescribe the form of the reports before mentioned. He 
 may in liis <liseretion require additional rejiorts at any time when he may see fit, upon reasonable 
 notice: but his determination shall be jirinia facie proof that the notice is reasonable. He may also 
 require supplemental rejiorts wlienever, in his judgment, the report rendered is in any particular or 
 particulars insiiflicieiit. evasive, or ainliigiious. He may prescribe rules so as to avoid undue detail 
 in making rejiorts. but no detail of the business of the c'or] Miration shall be considered private so as to 
 be exempt from the exainiiiiition of the amlitor wlienever he may demand report thereon. He shall 
 make public in his rejiorts, which shall lie issueil annually, all the information contained in the 
 rejiorts so made to )iim. Wlieii a report lias been made by a eorjioration. and, with all supplemental 
 and additional rejiorts reciuired liy the auditor, sliall have been ajijiroved by him, the corporation 
 making such report or rejiorts shall jiublisli the same in a daily newsjiajier, after the usual custom in 
 such cases, with the auditor's minutes of approval, and shall tile with the auditor jiroof of such pub- 
 lication by the publisher's certificate. 
 
630 LEGISLATIVE HISTOEY 
 
 That if any corporation shall fail to make a report when required, either by the terras of this aet or 
 when required by the auditor, as herein provided, said corporation shall be fined not less than 1 per 
 cent or not more than 10 jxt cent of its last annual Rross eurniuKS for (>ach offense. Every day of 
 failure after a written demand lias been made t>y the auditor sliall constitute a separate and distinct 
 offense. In case of failure, also, eacli of the directors of tlie sai<l coriioration sliall lie ineligible, for 
 the year succeeding the next annual meeting, to hold either directorsliip or any other oltice in the 
 said corporation. If such report is false in any material respect, the corporation shall lie lined not 
 less than 2 per cent and not more than 20 per cent of its last annual gross earnings, and each false 
 statement in any material matter shall constitute a separate offense. All lines and penalties imposed 
 by this act sli.-ill be recovered or enl'orced in any court of competent jurisdiction. 
 
 That it shall lie the duty of examiners, under the direction of tlu' Auditor, to make examinations 
 of any coriionition go\-erned by this act. Any of said examiners presenting his oflieial credentials 
 shall be furnished liy the oflicers of the corporation evtTV facility for eomi>lete and full examina- 
 tion, not only of the liooks, but of all property, records, or jiapcrs of the eoriioration which may be 
 necessary, in the judgment of the examiner, for a complete knowleilge of the affairs of the concern. 
 Such examination shall not lie at fixed jieriods, luit shall be at sfich times as the Auditor shall fix and 
 without notice. Examiners shall have the power to examine umler oath all oflicers or employees of 
 a eoriioration, or any other person having any knowleilge of its affairs, and to stMid for, demand, and 
 inspect books, iiajiers, and any other matter of evidence whatever which is in tlu' jiossession or con- 
 trol of the said eor]ioration. For the imrpose of this act examiners shall have power to require, by 
 subpicfia, the attendance afid testimony of witnesses under oath and the iiroduction of all books, 
 pajiers, contracts, agreemetits, and doeumetits relatifig to any matter under investigation. 
 
 Such attendance of wittiesses and the iiroduction of such dorumentary evidence may be required 
 from any place in the I'nifed States at any designated place of liearing. .Vnd in case of disobt'dicnce 
 to a siibpieiia the examiner may invoke tiie aid of any court of the Ttiited States in requiring such 
 attefidaiice. And any of the circuit courts of the United States wilhifi the jurisdiction of which such 
 lnc|uiry is carried on may, in case of eoutumaey or refusal to oliey a suljpieua issued to any corporation 
 subject to the provisiousof this act, orother person, issue an order requiring such corporation or other 
 person to appear before said examiner atid produce books atid papers, if so ordered, atid give evi- 
 dence touching the matter in question; and any failure to obey such order of the court may be pun- 
 ished liy such court as a contempt thereof. The claim that iuiy sueh testimony or evidence may 
 tetid to criminate the person giving such evidence or testimony shall not be used againstsuch person 
 on the trial of afiy criminal proceeding. Tlie Auditor shall likewise have all the authority of an 
 examiner in any case wherein lie ehoo.ses himself to act. No examiner sliall be assigned to examine 
 any eorpor.inon who is liimself interested in the business thereof, or any competing concern, or who 
 has relatives who arc so interested. 
 
 That it shall he unlawful for an examiner to divulge private business, except by his report to the 
 Auditor. But such report, or the substance thereof, shall be opened for public inspection. Each 
 examiner shall follow the rules, regulations, and directions which the Auditor may from time to time 
 lay down or communicate to him as to the mcthoil of examination, the form of report, the matters 
 to be covered by the said examination, atid all matters pertaining to his duties. Said examinations 
 and reports shall always cover, ;imoug others, the following questions: 
 
 (a) lias file said corporation, during tlie pi-riod coveri'd liy the examination and report, received 
 any rebates, drawliacks, special rates, or other discriminations, advantages, or preferences, by money 
 payments or otherwise, from any railroad, pipe line, water carrier, or other transportation company? 
 
 (b) If there have been such preferences, when were they received, from whom, on what accomit, 
 and in what manner, giving all details necessary to a full understanding of the tratisaction? 
 
 (c) Is the .said corporation a member of any combinatioti having or intending to secure a monopoly 
 of any commodity other than such monopolies as are legally granted by patent or otherwise? 
 
 (d)" Has the said corporation any such monopoly, or does it use methods tending to secure such 
 monopoly? 
 
 (e) Has it made any contracts or agreements tending to secure any such monopoly to itself or any 
 other concern, whether owned by an individual or individuals, a corporation, or .some combination 
 of individuals and corporations? 
 
 (f ) Is sucli corporation a party to any contract, agreement, or combination, in the form of a trust 
 or otherwise, iti restraint of trade or commerce among the several States or with foreign nations? 
 
 (g) Has the Corporation purchased or does it hold the stock of any corporation for the purpose of 
 controlling its management? 
 
 Said reports of examiners shall he prima facie true and may be introduced in evidence in all 
 courts to prove the facts therein set forth. Copies certified by the Auditor shall be admissible with 
 like effect and under the same circumstances as the origifial. The word "corporation" wherever 
 used in this act shall be deemed to iuclu<le associations existing or authorized either by the law of 
 the United States, the laws of any State, or the laws of any foreign country. 
 
 Mr. OvERSTREET (before the reading of the amendment was concluded). Mr. 
 Speaker, this anien<lment has already been read to the House, when offered by the 
 gentleman from New York. I therefore ask unanimous consent that the fiu'ther 
 reading of the amendment be dispensed with. [This amendment is not identic with 
 those referred to. ] 
 
 The Speaker pro tempore. The gentleman from Indiana asks unanimous consent 
 that the further reading of the amendment be dispensed with. Is there objection? 
 The Chair hears none. 
 
 Mr. Mann. I make this point of order against the motion to recommit, that it 
 directs the Committee on Interstate and Foreign Commerce to report a bill creating 
 a Departmen*t of Labor, which, under the rules of the House, can not be done by 
 this connnittee. The Conunittee on Interstate and Foreign Commerce has not 
 jurisdiction, and could not have jurisdiction, of a bill to organize a Department of 
 Labor. 
 
 Mr. Payne. And besides it is not germane. 
 
 Mr. Richardson, of Tennessee. In answer to the gentleman from Illinois [Mr. 
 Maim], if he has concluded his statement 
 
 Mr. Mann. I make the further point that a bill to create a Department of Labor is 
 not germane as an ainendment to the bill pending before the House. 
 
 Mr. Richardson, of Tennessee. In reply to the point of order of the gentleman 
 from Illinois, I desire only to say that it is competent for the House of Representa- 
 
LEGISLATIVE HISTORY 631 
 
 tives to refer a bill to any committee that it choose. A particular committee might 
 not have jurisdiction in the first place without the direct action of the House. A bill 
 might inadvertently be referred to a committee not having jurisdiction of the subject 
 under the rules, and the House might correct such reference, because under the rules 
 the bill would not go there. But it is competent for the House in its majesty, as the 
 House sits here this evening, to refer this or any other bill to the Committee on 
 Interstate and Foreign Ctnnmerce. 
 
 The Speaker pro tempore. The Chair is very clearly of opinion that the view 
 expressed by the gentleman from Tennessee [JMr. Richardson] as .to the power of the 
 House to refer this matter to the Connnittee on Interstate and Foreign Connnerce 
 states correctly the situation. The Chair will hear the gentleman from Illinois [Mr. 
 Mann] on the other proposition— that the motion is not germane. 
 
 Mr. Underwood. A provision for the establishment of a Department of Labor was 
 part of the original bill. 
 
 Mr. Mann rose. 
 
 Mr. Shackleford. May I put an interrogatory to the gentleman from Illinois? I 
 want to ask him this question: If this proposition is not germane, how was it that it 
 was contained originally in this bill? There is nothing embraced in the motion to 
 recommit that is not already contained in some form in the bill as reported. 
 
 ]Mr. Mann. Well, Mr. Speaker, it may be beyond the comprehension of some peo- 
 ple — it certainly is not beyond the lucid comprehension of the gentleman from Mis- 
 souri [Mr. Shackleford] — that a certain provision which may be in a bill may come 
 properly before a connnittee which has jurisdiction of the whole subject-matter of the 
 bill, while it would not have jurisdiction of another proiwsition, because that other 
 proposition would not be germane. 
 
 Here is a proposition to create two Departments. On the same theory on which 
 this proposition is defended this motion might be a direction to the committee to pro- 
 vide for the creation of a dejiartment of mines and mining, and a department of 
 transportation, and a department of interstate and foreign commerce, and forty other 
 departments of the Government. 
 
 Now, it doesliot seem to me (although I do not care to detain the House upon the 
 question) that the proposition is germane to the bill before the House. 
 
 JMr. Livingston. The original Ijill was a proposition to establish a Department of 
 Commerce and Labor. The motion to recommit proposes simply to have two sep- 
 arate departments instead of one. The motion is just as germane as anthing could be. 
 
 The Speaker pro tempore. There is no question in the mind of the Chair as to 
 the power of the House to authorize the Committee on Interstate and Foreign Com- 
 merce to report a bill creating a Department of Labor, if the House sees fit to refer 
 that subject to that committee. This is a bill creating a Department of Commerce 
 and Labor. The proposition contained in the motion is to return this bill to that 
 committee with instructions to separate the two branches of the subject, and to report 
 instead of a measure for one Department a measure for two Departments, covering 
 the same subjects as are. now covered in the bill pending before the House. The 
 Chair holds that the motion is germane. The point of order is therefore overruled. 
 The question is on the motion of the gentleman from Alabama [Mr. Richardson] to 
 recommit the bill with instructions, as read by the Clerk. 
 
 The question having been put. 
 
 The Speaker pro tempore. The noes seem to have it. 
 
 Mr. SuLZER. I call for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and there were — yeas 86, nays 116, answered "present" 
 13, not voting 138; as follows: 
 
 Yeas: Aplin, Bartlett, Benton, Breazeale, Brundidge, Candler, Clark, Clayton, 
 Cochran, Cowherd, Crowley, Davis of Florida, De Armond, Dinsmore, Dougherty, 
 Feely, Fleming, Flood, Gaines of Tennessee, Glass, Gooch, Gordon, Green of Penn- 
 sylvania, Griffith, Hay, Henry of Texas, Jackson of Kansas, Johnson, Jones of Vir- 
 ginia, Kehoe, Kern, Claude Kitchin, Kleberg, Kluttz, Lamb, Latimer, Lever, Lewis 
 of Georgia, Little, Livingston, Lloyd, McAndrews, McClellan, McCuUoch, Mahoney, 
 Maynard, Mickey, Moon, Naphen, Neville, Padgett, Patterson of Tennessee, Pou, 
 Randell of Texas, Richardson of Alabama, Richardson of Tennessee, Robb, Robertson 
 of Louisiana, Robinson of Nebraska, Rucker, Russell, Ryan, Scarborough, Shackle- 
 ford, Shafroth, Sheppard, Slayden, Small, Smith of Kentucky, Snook, Stark, Stephens 
 of Texas, Sulzer, Talbert, Tate, Thayer, Thomas of North Carolina, Tompkins of New 
 York, Underwood, Vandiver, Wheeler, White, Wiley, Williams of Illinois, Wooten, 
 and Zenor. 
 
 Nays: Adams, Alexander, Allen of Maine, Babcock, Bartholdt, Bates, Boreing, 
 Brantley, Brick, Brown, Brownlow, Burk of Pennsylvania, Burke of South Dakota, 
 
632 LEGISLATIVE HISTORY 
 
 Burkett, Burleigh, Burton, Cannon, Capron, Cassel, Conner, Coombs, Cooper of 
 Wisconsin, Corliss, Cromer, Crumpacker, Currier, Dahle, Dalzell, Darragh, Ueenier, 
 Draper, Driscoll, Dwight, Eddy, Esch, Fletcher, Fordney, Foster of Vermont, Gaines 
 of West Virginia, Gardner of Michigan, Gardner of New Jersey, Gibson, Gill, Graff, 
 Greene of Massachusetts, Grow, Haskins, Heatwole, Hedge, Hemenway, Henry of 
 Connecticut, Hepburn, Hildebrant, Hill, Hitt, Ilolliday, Howard, Howell, Hughes, 
 Jones-of Washington, Joy, Kyle, Lacey, Landis, Lawrence, Littlefield, Loudenslager, 
 McCall, McCleary, INIcLachlan, Maddox, Mann, Marshall, Martin, INliller, Minor, 
 Morgan, Morris, Mudd, Nevin, Otjen, Overstreet, Palmer, Parker, Payne, Pearre, 
 Perkins, Powers of Maine, Powers of Massachusetts, Keeder, Peeves, Koljerts, Scott, 
 Shattuc, Shelden, Showalter, Sibley, Smith of Illinois, Smith of Iowa, H. C. Smith, 
 S. W. Smith, Southwick, Stevens of Minnesota, Stewart of New Jersey, Stewart of 
 New York, Sulloway, Tawney, Tayler of Ohio, Thomas of Iowa, Tirrell, Van Voor- 
 his, Vreeland, Warner, Warnock, Watson, and Woods. 
 
 Answered "present:" Adamson, Barney, Boutell, Bromwell, Emerson, Finley, 
 Grisrgs, Haugen, William W. Kitchin, Rixey, Snodgrass, Steele, and Swanson. 
 
 Not voting: Acheson, Allen of Kentucky, Ball of Delaware, Ball of Texas, Bank- 
 head, Beidler, Bell, Bellamy, Belmont, Billmeyer, Bingham, Bishop, Blackburn, 
 Blakeney, Bowersock, Bowie, Brandegee, Bristow, Broussard, Bull, Burgess, Bur- 
 leson, Burnett, Butler of Missouri, Butler of Pennsylvania, Calderhead, Caldwell, 
 Cassingham, Connell, Conry, Cooney, Cooper of Texas, Cousins, Creamer, Curtis, 
 Cushman, Davey of Louisiana, Davidson, Dayton, Dick, Douglas, Dovener, Edwards, 
 Elliott, Evans, Fitzgerald, Flanagan, Foerderer, Foss, Foster of Illinois, Fowler, Fox, 
 Gardner of Massachusetts, Gilbert, Gillet of New York, Gillett of Massachusetts, 
 Glenn, Goldfogle, Ciraham, Grosvenor, Hamilton, Hanbury, Henry of Mississippi, 
 Hooker, Hopkins, Hull, Irwin, Jack, Jackson of Maryland, Jenkins, Jett, Kahn, 
 Ketcham, Knapp, Knox, Lassiter, Lessler, Lester, Lewis of Pennsylvania, Lindsaj', 
 Littauer, Long, Loud, Lovering, McDermott, McLain, McRae, Mahon, ]\Iercer, Met- 
 calf, Meyer of Louisiana, Miers of Indiana, Mondell, Moody of North Carolina, 
 Moody of Oregon, Morrell, Moss, IMutchler, Needham, Newlands, Norton, Olmsted, 
 Patterson of Pennsylvania, Pierce, Prince, Pugsley, Ransdell of Louisiana, Reid, 
 Rhea of Virginia, Robinson of Indiana, Rumple, Ruppert, Schirm, Selby, Shallen- 
 berger, Sherman, Sims, Skiles, William Alden Smith, Southard, Si)arkman, Sperry, 
 Spight, Storm, Sutherland, Swann, Taylor of Alabama, Thompson, Tompkins of 
 Ohio, Trimble, Wachter, Wad^worth, Wanger, Weeks, Williams of Mississippi, Wil- 
 son, Wright, and Young. 
 
 So the motion to recommit was lost. 
 
 The following pairs were announced: 
 
 For the session: 
 
 Mr. Kahn with Mr. Belmont. 
 
 Mr. Dayton with Mr. Meyer, of Louisiana. 
 
 Mr. Brownlow with Mr. Pierce. 
 
 Mr. Bromwell with Mr. Cassingham. 
 
 Mr. Wanger with Mr. Adamson. 
 
 Mr. Sherman with Mr. Ruppert. «« 
 
 Until the end of the week: 
 
 Mr. Emerson with Mr. Gil])ert. 
 
 Until further notice: 
 
 Mr. Needham with Mr. Ransdell, of Louisiana. 
 
 Mr. Jack with Mr. Finley. 
 
 Mr. Bowersock with Mr. Burnett. 
 
 Mr. Evans with Mr. Foster, of Illinois. 
 
 Mr. Storm with Mr. Pugsley. 
 
 Mr. Loud with Mr. Griggs. 
 
 Mr. Moody, of North Carolina, with Mr. Fox. 
 
 Mr. Moody, of Oregon, with Mr. Bellamy. 
 
 Mr. Davidson with Mr. Selby. 
 
 Mr. Southard with Mr. Norton. 
 
 Mr. Ketcham with Mr. Snodgrass. 
 
 Mr. Acheson with Mr. Sparkman. 
 
 Mr. Lessler with INIr. Burgess. 
 
 Mr. Barney with Mr. Thompson. 
 
 Mr. Long with Mr. Newlands. 
 
 Mr. Hopkins with Mr. Swanson. 
 
 Mr. Grosvenor with Mr. Robinson, of Indiana. 
 
 For this day : 
 
 Mr. Gardner, of Massachusetts, with Mr. Biilme5'er. 
 
LEGISLATIVE HISTORY • 033 
 
 Mr. Steele with Mr. INliers, of Indiana. 
 
 Mr. Jenkins witli Mr. Bankliead. 
 
 Mr. Dick with IMr. Davey, of Louisiana. 
 
 Mr. Haugen with Mr. Allen, of Kentucky. 
 
 Mr. Curtis with Mr. Jett. 
 
 Mr. Prince with Mr. C-aldwell. 
 
 Mr. Butler, of rennHvlvania, with Mr. Courv. 
 
 Mr. Sutherland with'Mr. (ioldfogle. 
 
 Mr. Pattert^on, of Pennnylvania, witii i\lr. Taylor, of Ala])ama. • 
 
 Mr. Levering with Le.'^ter. 
 
 INIr. Morrell with Mr. Elliott. 
 
 Mr. Sperry with Mr. ISlcRae. 
 
 Mr. Rumple with INIr. Mutchler. 
 
 Mr. Knapp with Mr. Naphen. 
 
 Mr. Bishop with Mr. Fitzgerald. 
 
 Mr. Ball, of Delaware, with Mr. Ball, of Texas. 
 
 Mr. Douglas with Mr. Reid. 
 
 Mr. Connell with i\Ir. Butler, of Missouri. 
 
 Mr. Mahon with ]\Ir. Williams, of INIississippi. 
 
 Mr. Skiles with ]Mr. Burleson. 
 
 Mr. Bull with INIr. Wilson. 
 
 Mr. Cushman witli Mr. Flanagan. 
 
 Mr. Foerderer with Mr. Glenn. 
 
 Mr. Foss with Mr. Henrv, of Mississipi)i. 
 
 Mr. Hull with Mr. Hooker. 
 
 Mr. Littauer with Mr. Lindsay. 
 
 Mr. INIondell with Mr. Lassiter. 
 
 Mr. Olmsted with Mr. Sims. 
 
 Mr. Schirm with ]\Ir. Rhea. 
 
 Mr. Wachter with Mr. Shallenberger. 
 
 Mr. AVadsworth with INIr. Swann. 
 
 Mr. Wright with ]Mr. INlcDermott. 
 
 Mr. Young with Mr. Spight. 
 
 Mr. Lewis, of Pennsylvania, with ISIr. Bell. 
 
 Mr. Calderhead with Mr. Cooney. 
 
 Mr. Cousins with Mr. Creamer. 
 
 Mr. Bingham with Mr. Cooper, of Texas. 
 
 Mr. Beidler with Mr. Bowie. 
 
 Until January 25: 
 
 Mr. Dovener with Mr. Broussard. 
 
 For this bill: 
 
 Mr. Metcalf with ]\Ir. Rixey. 
 
 Mr. Irwin with IVIr. Triml>le. 
 
 Mr. Hamilton with Mr. McLean. 
 
 Mr. William Alden Smith with Mr. Edwards. 
 
 Mr. SwANSoN. Mr. Speaker, I see that 1 am i)aired with the gentleman from Illinois 
 [Mr. Hopkins]. I voted "aye," and I desire to withdraw that vote and to answer 
 " present." 
 
 The Speaker pro tempore. The Clerk will call the gentleman's name. 
 
 The Clerk called the name of Mr. Swanson and he voted " present." 
 
 The result of the vote was announced as above recorded. 
 
 Mr. Thayer. Mr. Speaker, does the Re(!ord show, as a matter of fact, that every 
 Democrat who answered to his name voted "aye," and every Republican voted 
 "no?" 
 
 The Speaker pro tempore. The gentleman's question is not a parliamentary 
 incpiiry. The question now is upon the passage of the bill. 
 
 The question being taken, the Speaker announced that the ayes appeanvl to have it. 
 
 Mr. Maddox. Division, Mr. Speaker. 
 
 The House divided; and there were — ayes 114, noes 27. 
 
 Mr. De Armond. Mr. Speaker, no quorum present. 
 
 The Speaker. The gentleman makes the point of no quorum present. 
 
 Mr. Mann. Who raised the point of no quorum? 
 
 The Speaker pro tempore. The gentleman from Missouri raises the point that no 
 quorum is present. 
 
 Mr. Mann. Then, Mr. Speaker, I call for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and there were — yeas 136, nays 40, answered "present" 
 9, not voting 168; as follows: 
 
634 LEGISLATIVE HISTORY 
 
 Yeas: Alexander, Allen of Maine, Aplin, Babcock, Bartholdt, Bates, Boreing, 
 Boutell, Brantley, Breazeale, Brick, Brown, Brownlow, Bnrk of Pennsylvania, Bnrke 
 of South Dakota, Burkett, Burleigh, Burton, Cannon, Capron, Cassel, Conner, Conry, 
 Coombs, Cooper of Wisconsin, Corliss, Cromer, Crumpacker, Currier, Dalzell, Dar- 
 ragh, Deemer, Drajier, Driscoll, Dwight, Eddy, Esch, Feely, Fleming, Fletcher, 
 Fordney, Foster of Vermont, (Raines of West Virginia, (Jardner of Michigan, Gard- 
 ner of New Jersey, (iilison. Gill, Glass, Gordon, Graff, Greene of Massacliusetts, 
 Griffith, Grow, Ilaskins, Hedge, Hemenway, Henry of Connecticut, Hepburn, Hilde- 
 brant, Hitt, Holliday, Howell, Johnson, Jones of Washington, Joy, Kyle, Lacey, 
 Lamb, Landis, Lawrence, Littlefield, Livingston, Lloyd, Loudenslager, McAndrews, 
 McCall, McCleary, McClellan, McCulloch, McLachlan, Mahoney, Mann, Marshall, 
 Martin, Maynard, Mickey, Miller, Minor, Moon, Morris, Mudd, Naphen, Nevin, 
 Otjen, Overstreet, Padgett, Palmer, Parker, Patterson of Tennessee, Payne, Pearre, 
 Pou, Powers of Maine, Powers of Massachusetts, Reeves, Roberts, Robertson of 
 Louisiana, Ryan, Scott, Shelden, Showalter, Sibley, Small, Smith of Illinois, Smith 
 of Iowa, II. C. Smith, S. W. Smith, Southwick, Stewart of New York, Sulloway, 
 Sulzer, Swanson, Tawney, Tayler of Ohio, Thomas of Iowa, Thomas of North Caro- 
 lina, Tirrell, Tompkins of Ohio, Van Voorhis, Vreeland, Warner, Warnock, Watson, 
 Wiley, Williams of Illinois, and Woods. 
 
 Nays: Bartlett, Benton, Brundidge, Candler, Clark, Cochran, Cowherd, Crowley, 
 Davis of Florida, De Armond, Dinsmore, Dougherty, Gaines of Tennessee, Howard, 
 Jones of Virginia, Kern, Claude Kitchin, William W. Kitchin, Kluttz, Lever, Little, 
 Maddox, Randell of Texas, Richardson of Alabama, Richardson of Tennessee, 
 Robinson of Nebraska, Rucker, Russell, Scarborough, Shackleford, Shafroth, Shep- 
 pard, Slayden, Snodgrass, Snook, Stark, Tate, Vandiver, Wooten, and Zenor. 
 
 Answered "present:" Barney, Bromwell, Emerson, Finley, Griggs, Grosvenor, 
 Heatwole, Steele, and Stewart of New Jersey. 
 
 Not voting: Acheson, Adams, Adamson, Allen of Kentucky, Ball of Delaware, 
 Ball of Texas, Bankhead, Beidler, Bell, Bellamy, Belmont, Billmeyer, Bingham, 
 Bisho]), Blackburn, Blakeney, Bowersock, Bowie, Brandegee, Bristow, Broussard, 
 Bull, Burgess, Burleson, Burnett, Butler of Missouri, Butler of Pennsylvania, Calder- 
 head, Caldwell, C'assingham, Clayton, Connell, Cooney, Cooper of Texas, Cousins, 
 Creamer, Curtis, Cushman, Dahle, Davey of Louisiana, Davidson, Dayton, Dick, 
 Douglas, Dovener, Edwards, Elliott, Evans, Fitzgerald, Flanagan, Flood, Foerderer, 
 Foss, Foster of Illinois, Fowler, Fox, Gardner of Massachusetts, Gilbert, Gillet, of New 
 York, Gillett of Massachusetts, Glenn, Goldfogle, Gooch, Graham, Green of Penn- 
 sylvania, Hamilton, Hanbury, Haugen, Hay, Henry of Mississippi, Henry of Texas, 
 Hill, Hooker, Hopkins, Hughes, Hull, Irwin, Jack, Jackson of Kansas, Jackson of 
 Maryland, Jenkins, Jett, Kahn, Kehoe, Ketcham, Kleberg, Knapp, Knox, Lassiter, 
 Latimer, Lessler, Lester, Lewis of Georgia, Lewis of Pennsylvania, Lindsay, Lit- 
 tauer. Long, Loud, Lovering, McDermott, McLain, McRae, Mahon, Mercer, Met- 
 calf, Meyer of Louisiana, Miers of Indiana, Mondell, Moody of North Carolina, 
 Moody of Oregon, Morgan, Morrell, Moss, Mutchler, Needham, Neville, Newlands, 
 Norton, Olmsted, Patterson of Pennsylvania, Perkins, Pierce of Tennessee,. Prince, 
 Pugsley, Ransdell of Louisiana, Reeder, Reid, Rhea, Rixey, Robb, Robinson of 
 Indiana, Rumple, Ruppert, Schirm, Selby, Shallenberger, Shattuc, Sherman, Sims, 
 Skiles, Smith of Kentucky, William Alden Smith, Southard, Sparkman, Sperry, 
 Spight, Stephens of Texas, Stevens of Minnesota, Storm, Sutherland, Swann, Talbert, 
 Taylor of Alabama, Thayer, Thompson, Tompkins of New York, Trimble, Under- 
 wood, Wachter, Wadsworth, Wanger, Weeks, Wheeler, White, Williams of Missis- 
 sippi, Wilson, Wright, and Young. 
 
 So the bill was passed. 
 
 The following additional pairs were announced: 
 
 Mr. Shattuc with Mr. Kleberg, on this bill. 
 
 On this vote: 
 
 Mr. Heatwole with INIr. Clayton. 
 
 Mr. Adams with Mr. McCulloch. 
 
 Mr. Crumpacker with Mr. Talbert. 
 
 Mr. Reeder with Mr. Latimer. 
 
 Mr. Blakeney with Mr. Wheeler. 
 
 Mr. Brandegee with Mr. Flood. 
 
 Mr. Bristow with Mr. Gooch. 
 
 Mr. Weeks with Mr. Green, of Pennsylvania. 
 
 Mr. Knox with Mr. Hay. 
 
 Mr. Jackson, of Maryland, with Mr. Henry, of Texas. 
 
 Mr. Hanbury with Mr. Jackson, of Kansas. 
 
 Mr. Graham with Kehoe. 
 
 Mr. Gillet, of New York, with Mr. Lewis, of Georgia. 
 
LEGISLATIVE HISTORY 
 
 635 
 
 Mr. Gillett, of Massachusetts, witli Mr. Smith, of Kentucky. 
 
 Mr. Fowler witli Mr. Thaver. 
 
 Mr. Blaekburu with iAIr. Whiter 
 
 Mr. Mereer with Mr. Robb. 
 
 Mr. Tompkins, of New York, with I\[r. Underwood. 
 
 The result of the vote was then announced as aliove recorded. 
 
 On motion of Mr. Corliss, a motion to reconsider the vote by which the ])ill waa 
 passed was laid on the talile. 
 
 Mr. William W. Kitciiin. Mr. Speaker, I desire to ask unanimous consent to 
 change my vote from "present" to "yea" on the motion to recommit. I voted 
 "present" under the impression that I was paired with the gentleman from New 
 York [Mr. Lessler]. 
 
 The Speaker pro tempore. The gentleman from North Carolina asks unanimous 
 consent to change his vote as recorded on the motion to recommit, and to vote 
 " yea" now. 
 
 Mr. Payne. I think that would not be a good precedent to establish. 
 
 Mr. RicHARnsoNj of Tennessee. It has never been objected to; it does not change 
 the result. 
 
 Mr. Payne. I know; but it is not the usual i)ractice. I never knew it before, and 
 therefore 1 shall be constrained to object. 
 
 The Speaker pro tempore. The gentleman from New York objects. 
 
 Mr. Payne. The gentleman will get the benefit of his statement in the Record. 
 
 [The lollowing speech appears in the Appendix to the Record as having been made 
 on January 17, 1903.] 
 
 Mr. GoocH. Mr. Cliairman, the growth of the commerce of the country has been 
 so marvelously great and its continued development is so desirable that there is a 
 well -recognized demand for the creation of a department to be headed by a secretary 
 of commerce. Let me give some of the facts and figures showing the growth and 
 importance of our commerce. The industries in the United States have grown in 
 numbers from 3,90S,677 in the year 1870 to 11,891,220 in the year 1900. Our manu- 
 factures have grown from $1,885,861,676 in 1860 to $1.3,014,287,498 in the year 1900, 
 and the mileage of our railroads has grown from 30,626 in the year 1860 to 194,321 in 
 the year 1900. The tonnage of American vessels engaged in domestic trade in the 
 year 1860 was 2,807,631 and in 1900 4,338,145. In the year 1860 American vessels 
 engaged in the trade on the Great Lakes rej)resented, in tons, 467,774, and in the 
 year 1900, 1,565,587. And I might, Mr. Chairman, go on and furnish a long list of 
 other items showing the material development and industrial growth of our country, 
 but I will content myself by calling attention to these items: 
 
 Merchandise: 
 
 Imports 
 
 Exports 
 
 Gold and silver: 
 
 Imports 
 
 Exports 
 
 Manufactures of iron and steel: 
 
 Imports 
 
 Exports 
 
 Cotton: 
 
 Imports of raw cotton 
 
 Exports of domestic cotton . 
 Receipts from customs 
 
 8353, filG, 119 
 S333, 576, 057 
 
 SS, 550, 135 
 866,546,239 
 
 S'21,526,594 
 85, 703, 024 
 
 .pounds.. 2,005,529 
 ....do....l,767,68P,338 
 , 853,187,512 
 
 $819,941,181 
 51,394,483,082 
 
 879, 829, 486 
 8104,979,034 
 
 820, 478, 728 
 8121,913,548 
 
 67, 398, 521 
 3, 100, 583, 188 
 8233,164,871 
 
 Our population in 1860 was upward of 31,000,000, and this year it is estimated to 
 be upward of 87,000,000. Projiertv values, real and personal, have grown from 
 $16,159,616,000 in the year 1860 to $94,300,000,000 in the year 1900. 
 
 The total numl)er of depositors in savings banks in "i860 was 693,870; in 1900, 
 6,107,083. We have no record of the total deposits in banks in 1860, but in 1880 
 thev amounted to $2,306,000,000; in 1890, $3,998,000,000, and in 1900 to $7,464,000,000. 
 
 The number of farms in 1860 was 2,044,077; in 1890, 4,564,641, and in 1900, 
 5,739,657. 
 
 The total value of farm animals was, in 1860, $1,089,329,915, and in 1900, 
 $2,981,722,945. 
 
 The total value of farm products was, in 1870, $1,958,030,927, and in 1900, 
 $3,764,177,706. 
 
636 LEGISLATIVE HISTORY 
 
 Our exports of domestic cotton in 1860 amounted to 1,767,686,338 pounds, but 
 after the abolition of slave labor the amount of export cotton fell, in 1870, to 
 958,358,523 pounds. 
 
 For the fiscal year of 1902 our exports of domestic cotton amounted to 3,500,778,763 
 pounds. 
 
 These facts are given as a part of the argument of the committee to show the 
 importance and necessity ior this proposed department of connnerce. I do not wish 
 to detract from its importance, but, Mr. Chairman, my criticism of this bill is that 
 it does not go far enough. It should have created a department of labor, with a 
 Cabinet officer in full possession of all the information pertaining to labor in our 
 country and in touch with the laboring people throughout our land. 
 
 The party to which I owe allegiance, the great Democratic party, in its platform 
 adopted in its last national convention jjut forth this declaration: 
 
 In the interest of American labor and the uplifting of the workingman as the corner stone of the 
 prosperity of our country, we recommend that Congress create a department of labor, in charge of a 
 secretary with a seat in "the Cabhiet, believing that the elevation of the American laborer will bring 
 with it increased prosperity to our country at home and to otir commerce abroad. 
 
 This bill, instead of giving to labor an independent organization, with a Cabinet 
 oflicer at its head, projioses to put that department under the supervision and con- 
 trol of a secretary of connnerce. The platform demand, which has just been read, 
 is not satisfied by the bill here proposed, nor will the thoughtful laboring people of 
 the country be satisfied with this measure. 
 
 Now, Mr. Chairman, if the framers of this bill had been as ready to recognize the 
 claim of labor as they have been anxious to meet the demands of commerce I would 
 have said nothing in this debate. Let me be not misiniderstood. I am willing to 
 listen to the appeal of the commercial interests of the country, but I insist that the 
 labor interests be given a fair showing in the pending bill. I shall, therefore, sup- 
 port the proposition of the gentleman from Alabama [Mr. Richardson], which will 
 be offered at the proper time, to recommit this bill with instructions to the com- 
 mittee to report back a bill creating a department of commerce and a department of 
 labor, each with a Cabinet ofiicer. 
 
 That this course is in the interest of the public welfare ought not to be questioned. 
 We now have a Secretary of the Treasury and a consular service to look after the 
 commercial interests. We have the Labor Bureau, charged with the duty of caring 
 for as near as may be the labor interests. If connnerce is so important as to need a 
 separate department, we can with equal justice demand tliat labor' be accorded a 
 member in the President's official family. Foreign relations, finances, law, interior 
 affairs, post-offices and post-roads, and agriculture each have an adviser to the Presi- 
 dent. Let us authorize one for commerce and one for labor. 
 
 Mr. Chairman, we should not lail to incorporate into this bill a provision for a 
 secretary of labor. The labor interests of the country have been seeking this nuich 
 for more than thirty years. They now repeat the request. I read you the letter of 
 Mr. Gompers, the president of tlie American Federation of Labor. 
 
 [See page 478 for letter of Mr. Com})ers.] 
 
 Mr. Tracy, the representative of the American Confederation of Labor, and Mr. 
 Fuller, the representative of the Brotherhood of Loi'omf)tive Engineers and kindred 
 organizations, made request for a secretary of labor. And these and others identified 
 ■with the labor interests went further than this and protested against the merger of 
 the Department of Labor into the department of commerce. They justly claimed 
 that such course or merger would not best subserve the interests of labor, and in 
 effect that this measure would not Ije an advance of the position now held ]>y labor 
 under existing law. We now have an indeiiendent Bureau of Labor. This bill pro- 
 poses to give it a subordinate and dependent place under a secretary of commerce. 
 This measure, as it is, will not do full justice to the labor interests and is not in 
 accord with the wishes of the millions of laboring jK-ojile who constitute our great 
 industrial army, carrying forward the banner of progress in the march of civilization. 
 
Part III 
 
 ADOPTION OF CONFERENCE KEPORT 
 
 On Jjinuary !!>, 1908, the Chair hiid before the Senate the amendment, 
 in the nature of a substitute, of the House of Representatives, for 
 Senate bill 509: 
 
 The President pro tempore. The Chair lays before the Senate the amendment, in 
 the nature of a sul)stitute, of the House of Representatives to the bill (S. 569) to 
 establish a Department of Connneree and Labor. 
 
 Mr. Nelson. I move that the Senate disagree to the amendment of the House of 
 Representatives and ask for a committee of conference with the House, the Chair to 
 appoint the conferees. 
 
 Mr. Spooner. 1 hope the Senator will allow the amendment to be printed. We 
 may want to amend the amendment of the House of Representatives. 
 
 Mr. Nelson. I ask that the Ijill may be printed as it has been amended l)y the 
 House of Representatives. 
 
 The President pro tempore. And no further action taken to-day? 
 
 Mr. Spooner. I hope the Senator will not ask for the appointment of a committee 
 of conference to-day. The Senate may want to amend the House amendment. 
 
 Mr. CuLLOM. Let it go over. 
 
 Mr. Nelson. I think the usual course in such cases is to appoint a committee of 
 conference. 
 
 Mr. Aldricii. The amendment of the House of Representatives is a very short 
 one, I suppose, and I suggest that it be read, and then it will api)ear in the Record. 
 
 Mr. Nelson. The amendment is in the form of a substitute for the Senate 1)111. 
 
 Mr. Aldricii. Will it take long to read the House substitute? 
 
 Mr. Nelson. Yes; it will take quite a while. 
 
 Mr. Aldrich. Then I withdraw the request. 
 
 Mr. Spooner. Do I understand the Senator from Minnesota to ask for action on 
 this matter to-day? 
 
 Mr. Nelson. Not at all. I simply moved to disagree to the amendment of the 
 House of Representatives and ask for a committee of conference. I do not intend to 
 bring the matter up this morning. 
 
 Mr. Bailey. Mr. President, I desire to ask a question in regard to a parliamentary 
 matter. If that motion should be agreed to, would tlie amendment of the House of 
 Representatives be oi)en to amenclment afterwards if the conference committee 
 report it? 
 
 Mr. ALDRicn. It would be after the report of the conference committee, if • 
 
 Mr. Bailey. The report of a conference committee must be adojited or rejected as 
 a whole, as I understand. 
 
 Mr. Aldricii, That is, if they come to a final agreement. 
 
 Mr. Bailey. Yes. 
 
 Mr. Aldricii. If they come to a partial agreement on the matters in dispute, it 
 would still be amendable. Of course, either House can agree to an amendiiTent of 
 the other House with an amendment, or as long as the matter is open between the 
 conferees, then it is open between the Houses. When it is closed by the conferees, 
 then either House, both Houses, indeed, must accept it as a whole or reject it as a 
 whole. 
 
 Mr. Hale. Undoubtedly. 
 
 Mr. Bailey. And it looks to me like it is rather a dangerous proposition for the 
 Senate to put it in a position where we must reject it all or accept it all. 
 
 Mr. Hale. I hope the Senator from Minnesota will not now ask the Senate to send 
 this matter to a commiltee of conference. It is a very important bill, and very im- 
 portant amendments have been made by the House. Before it goes to a committee 
 of conference, with the tremendous power that such a committee has, the Senate 
 
 637 
 
638 LEGISLATIVE HISTORY 
 
 ou;j:ht to })e able to see it, and if any Senator desires it he should be given an oppor- 
 tunity to vote upon concurring in certain Ilovise amendments. Otherwise the whole 
 sr(jpe and power of dealing with this important subject is left to the conference com- 
 mittee, and when it reports we are substantially helpless here. As the Senator from 
 Texas has said, if the committee agrees in conference we can only accept or reject the 
 report. Senators know how difficult it is on a conference report to make any change 
 whatever. It is not in the interest of delay, nor of anything unfair, to ask the Sen- 
 ator to let this^matter stand over. 
 
 I think the bill, with the House amendments, had better be printed, so that 
 Senators can see what is in it, and then, if any Senator desires to move to concur, it 
 can be done. After that, after it has passed through that proper crucible, then, of 
 course, it will go to the conference committee. 
 
 I ask that the bill go over and be printed with the House amendments, in order 
 that the Senate may see it. 
 
 Mr. Aldrich. Have it printed in the Record. 
 
 Mr. Hale. Let it be printed in the Record. That is better still. 
 
 Mr. CocKRELL. And also as a 1)111, so tliat we may have it before us. 
 
 Mr. Hale. I ask that it be printed in the Record, and also as a bill. 
 
 The President pro tempoi'e. The Senator from Maine asks that the bill may lie 
 on the table 
 
 Mr. Hale. Yes. 
 
 The President pro tempore. That it lie on the table and be printed as a bill, and 
 also in the Record. 
 
 Mr. Hale. With the House amendments. 
 
 The President pro tempore. With the House amendments. Is there objection to 
 the request? The Chair hears none, and that order is made. 
 
 Mr. Allison. Before this question passes away I wish to state that I understand 
 that the House has passed a substitute for the Senate bill. Therefore everything 
 that is in either bill or that is projected in either bill will be within the control of 
 the conferees on the part of the two Houses, substantially giving them the power to 
 make a new bill. So I think it very well for us to ascertain what the differences are, 
 and if in some way we can have the bill printed, so that we can see at a glance what 
 the House have agreed to that was in the original bill and what they propose to sub- 
 stitute for the text in other places, I think it would be advantageous. I do not 
 know that it can be done. 
 
 Mr. Hale. I fancy the clerks, in their aptitude in all such matters, can present to 
 us to-morrow morning in print what will show the original Senate bill and the 
 changes proposed by the House, so that at a glance every Senator will be informed 
 as to the situation. 
 
 The President pro tempore. The Chair is informed that there is great demand 
 for this bill, and suggests to the Senator from Maine, if he will allow the Chair to 
 do so, that he ask for the printing of an additional number. 
 
 Mr. Hale. I think that is a very good suggestion. We had Ijetter have 500 addi- 
 tional copies. 
 
 The President pro tempore. Five hundred? 
 
 Mr. Allison. A thousand. 
 
 Mr. Hale. A thousand. 
 
 The President pro tempore. The Senator from Maine asks that a thousand addi- 
 tional copies of the bill be printed. Is there objection? The Chair hears none, and 
 it is so ordered. 
 
 Mr. Nelson. On account of the opposition to the bill going into conference, 1 think 
 it had better be referred to the Committee on Commerce; and I move that it be 
 referred to the Committee on Commerce, with the amendments. 
 
 Mr. Hale. There is no objection to that course, Mr. President. 
 
 The President pro tempore. The question is on agreeing to the motion of the 
 Senator from Minnesota that the bill be referred to the Committee on Commerce. 
 
 Mr. CocKRELL. And be printed, as a matter of course. 
 
 The President pro tempore. That order has already been made. The question is 
 on agreeing to the motion of the Senator from Minnesota. 
 
 The motion was agreed to. 
 
 The bill as passed by the Senate and the substitute therefor proposed by the 
 House of Representatives are as follows: 
 
 An act (S. 569) to establish the Department of Commerce and Labor. 
 Be it enacted, etc., That there shall bo at the seat of government an executive department to be 
 known as the Deiiartineiituf ('(ininierce and I,al)(>r, and a Secretary of ConmuTce and Labor, who 
 shall be the head IliiTeof, wIki sIimII lie apiHiinted by the I'resident, by and witli the advice and eon- 
 sent of the Senate, wliosliall receive a salary nf Js.uoo i>er annum, aiid whose term and tenure of 
 office shall be like that of the beads of the other Kxecutive Departments; and section 158 of the 
 
LEGISLATIVE HISTORY 639 
 
 Revised Statutes is hereby amended to inelude such Department, and the provisions of title 4 of the 
 Revised Statutes ineludiiifj all amendments thereto, are hereby made applicable to said Department. 
 
 Sec. 2. That there shall be in said Deiiartment an Assistant Secretary of Commerceand La bur, tobe 
 appointed 1)V the President l)y and with the advice and consent of the Senate, wlio shall receive a 
 salary of S4,"000 a year. He shall perform such duties as shall be prescribed by the Secretary or 
 required by law. " There shall also be one chief clerk and a disbursing clerk and such other clerical 
 assistants as mav from time to time be authorized by Congress; and the Auditor for the State and 
 other Deinirtments shall receive all accounts accruing in or relative to the Department of Commerce 
 and Labor and examine the same, and tliereafter certify the balance and transmit the accounts with 
 the vouchers and certiticate, to the Comptroller of the Treasury for his deeisi.in thereon. 
 
 Sec. 3. That it shall be the province and duty of said Department to foster, promote, and develop 
 the foreign and domestic c<.immeree, the mining, manufaeturing, shipping, and lishery industries, the 
 lalior interests, and tlie transjiortation facilities of the United States: and to this encl it shall be vested 
 with jurisdiction and control of the departments, Imreaus, offices, and branches of the public service 
 hereinafter si)ecilied, and with such other I'owers and duties as may be prescribed by law. 
 
 Sec. 4. Thiit the following-named ofiiees, bureiius, divisions, and branches of the public service, 
 now and heretofore under the juri.sdietion of the Department of the Treasury, and all that pertains to 
 the same, known as the Life-Saving Service, tlie Light-House Board and the Light-House Service, 
 the Marine-Hospital Service, the Steamboat-Inspection Service, the Bureau of Navigation and the 
 United States Shipping Commissioners, the Bureau of Immigration, and the Bureau of Statistics, be, 
 and the same hereby are, transferred from the Department of the Treasury to the Department of 
 Commerceand Labor", and the same shall hereafter remain under the jmisdiction and supervision 
 of the last-named Department; an<l that the Census Ofhce, and all that pertains to the same, be, and 
 the same hereby are, transferred from the Department of the Interior to the Department of Commerce 
 and Labor, to remain henceforth under the jurisdiction of the latter; that the Department of Labor 
 and the office of Commissioner of Fish and Fisheries, and all that pertains to the same, be, and the 
 same hereby are, placed under the jurisdiction and made a part of the Department of Commerce and 
 Labor; that the Bureau of Foreign Commerce, now in the Department of State, be, and the same 
 hereby is, transferred to the Department of Commerce and Labor and consolidated with and made a 
 part of the Bureau of Statistics, hereinbefore transferred from the Department of the Treasury to the 
 Department of Commerce and Labor, and the two shall constitute c .ne Ijureau to be called the Bureau 
 of Statistics with a chief of the Bureau and one assistant; and that the Secretary of Commerce and 
 Labor shall have complete control of the work of gathering and distributing statistical information 
 naturally relating to the subjects confided to his Department; and to this end said Secretary shall 
 have i)Ower to employ any or either of the said bureaus and to rearrange such statistical work and 
 to distribute or consolidate the same as maybe deemed desirable in the public interest; and said 
 Secretary shall also have authority to call upon other Departments of the Government for statistical 
 data and results obtained by theni; and said Secretary of Commerce and Labor may collate, arrange, 
 and pubhsh such statisticalinformation so obtained in such manner as to him may seem wise. 
 
 That the official records and papers now on file in and pertaining exclusively to "the business of any 
 bureau, office, department, or branch of the public service in this act transferred to the Department 
 of Commerce and Labor, together with the furniture now in use in such bureau, office, department, 
 or branch of the public service, shall be, and hereby are, transferred to the Department of Commerce 
 and Labor. 
 
 Sec. 5. That there shall be in the Department of Commerce and Labor a bureau to be called the 
 Bureau of Manufactures, and a chief of said bureau, who shall be appointed by the President, by and 
 with the advice and consent of the Senate, and who .shall receive a salary of S3, 000 per annum. There 
 shall also be in said Bureau one chief clerk and such other clerical assistants as may from time ot 
 time be authorized by Congress. It shall be the province and duty of said Bureau, under the direc- 
 tion of the Secretary, to foster, promote, and develop the various manufacturing industries of the 
 United States, and markets for the same at home and abroad, domestic and foreign, by gathering, 
 compiling, pnbli.shing, and supplying all available and u.seful information concerning such industries 
 and such markets, and by such other methods and means as may be prescribed by the Secretary or 
 provided by law. And all consular officers of the United States, including consul-generals, consuls, 
 and commercial agents, are hereby required, and it is made a part of their duty, under the direction 
 of the Secretary of State, to gather and compile, from time to time, useful and material information 
 and statistics in respect to the commerce, industries, and markets of the countries and places to 
 which such consular officers are accredited, and to send, under the direction of the Secretary of 
 State, reports quarterly, or oftener If reqiiired, of the information and statistics thus gathered and 
 compiled, such reports to be transmitted through the State Department to the Secretary of the 
 Department of Commerce and Labor. 
 
 Sec. 6. That the jurisdiction, supervision, and control now possessed and exercised by the Depart- 
 ment of the Treasury over Chinese immigration, and over the fur-seal, salmon, and other fisheries in 
 Alaska, be, and the same hereby is, transferred to and vested in the Department of Commerce and 
 Labor. 
 
 Sec. 7. That the Secretary of Commerce and Labor shall annually, at the close of each fiscal year, 
 make a report in writing to Congress, giving an account of all moneys received and disbursed by him 
 and his Department, and describing the work done by the Departnient in fostering, promoting, and 
 developing the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery 
 industries, and the transportation facilities of the United States, and making such recommendations 
 as he shall deem necessary for the effective performance of the duties and purposes of the Depart- 
 ment. He shall also, from time to time, make such special investigations and reports as he may 
 be required to do by the President, or by either House of Congress, or which he, himself, may deem 
 necessary and urgent. 
 
 Sec. 8. That the Secretary of Commerce and Labor shall have charge, in the buildings or premises 
 occupied by or appropriated to the Department of Commerce and Labor, of the library, furniture, 
 fixtures, records, and other property pertaining to it, or hereafter acquired for use in its business; and 
 he shall be allowed to expend for "periodicals and the purposes of the library, and for the rental of 
 appropriate quarters for the accommodation of the Department of Commerce and Labor within the 
 District of Columbia, and for all other incidental expenses, such sums as Congress may provide from 
 time to time: Providnl, however. That where any office, bureau, or branch of the public service trans- 
 ferred to the Department of Commerce and Labor by this act is occupying rented buildings or prem- 
 ises, it may still continue to do so until other suitable quarters are provided for its use: And provided 
 further, That all officers, clerks, and employees now employed in any of the bureaus, offices, depart- 
 ments, or branches ol the public service In this act transferred to the Department of Commerce and 
 Labor are each and all hereby transferred to said Department at their present grades and salaries, 
 exceptwhere otherwise provided in this act: And provided further. That all laws prescribing the work 
 and defining the duties of the several bureaus, offices, departments, or branches of the public service 
 by this act transferred to and made a part of the Department of Commerce and Labor shall, so far as 
 the same are not in conflict with the provisions of this act, remain in full force and effect untiFother- 
 wise provided by law. 
 
640 LEGISLATIVE HISTORY 
 
 Sec. 9. That all power and authority heretofore possessed or exercised by the head of any execu- 
 tive department over any bureau, oftice, branch, or division of the pul)lic service by this act trans- 
 ferred to the Department of C;ommeri'e and Labor, or any business urisins therefriiin or pertaining- 
 tliereto, whetlier of an aiijiellate (ir revisury character, or otherwise, sliall liereafter lie vested in and 
 exercised by the head of tlie .'■aid ])epartment of Commerce and Labor. And all acts or parts of acts 
 inconsistent with this act are, so far as so inconsistent, hereby repealed. 
 
 Sec. 10. A person, to be designated by the Secretary of State, shall be appointed to formulate, 
 under his direction, for the instruction of consular ollicers, the rerjuestsof the Secretary of Commerce 
 and Labor, and to prepare from the dispatches of consular dllicers, for transmission tii the Secretary 
 of Commerce and Labor, such information as pertains to the work of the Deiiartment of Connnercc 
 and Labor, and such person shall have the rank and salary of a chief of bureau, and be furnished 
 with such clerical assistance as may be deemed necessary by the Secretary of State. 
 
 Sec. 11. This act shall take effect and be in force from and after its passage. 
 
 In the House or Representatives, United States, 
 
 Jaminrij l,'i, V.iOS. 
 
 Resolved, That the bill from the Senate (S. 509) entitled "An act to establish the Department of 
 Commerce and Lalxir" do jiass with the following amendment: 
 
 Strike out all after the enacting clause and insert: 
 
 "That there sliall Ije at tiie seat of government an executive department to be known as the 
 Department of Conniieree and Labor, and a Secretary of (.'ommeree and Laljor, who shall he the head 
 thereof, who shall lie apiiointed liy tile President, by and with the advice and consent of tlie Senate, 
 who shall receive a salary of jf^.OUU ]ier annum, and wliose term and tenure of olliei' shall lie like that 
 of the lieads of the other Kxecutive Departments; and section 158 of the Revised Statutes is hereliy 
 amended to include such Department, ami the ]irovisons of title 4 of the Revised Statutes, including 
 all amenilments tlien.'to, are hereliy made ajiplicalile to said Department. The said Secretary shall 
 cause a seal of olliee to be made for tlie said Department of such device as the President shall approve, 
 and judicial notice shall be taken of the said seal. 
 
 "Sec. '1. That tihere shall be in said De|iartiiu'nt an Assistant Secretary of Commerce and Labor, to 
 beaiipointed by the I'resiileiit, who shall receixe a. salary of S5, 000 a year. He shall perform such 
 duties as shall be jirescribi'd liy the Secretary or rei|uired by law. . There shall also be one chief clerk 
 and a disbursing clerk and such other clerical assistants as may from time to time be authorized by 
 Congress; and the Auditor for the State and other Deinirtmeuts shall receive all accounts accruing in 
 or relative to the Department of Commerce and Labor and examine the saiin', and certify the bal- 
 ances arising thereon to the Secretary of the Treasury in the same manner as the balances on similar 
 accounts are certitied under existing law. 
 
 "Sec. 3. That it shall be the province and duty of said Department to foster, promote, ajid develop 
 the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery industries, 
 the labor interests, and the tnuisi>ortation facilities of the United States; and to this end it shall be 
 vested with jurisdiction and control of the (h'partmi/nts, bureaus, offices, and branches of the public 
 service hereinafter s|iecilieil, and with such other powers and duties as may be prescribed by law. 
 All unexpended appropriations, wliich shall be availalile at the time when this act takes effect, in 
 relation to the various offices, bureaus, divisions, and other branches of the jinblic service, which 
 shall, by this act, be transferred to or included in tlie Department of Commerce and I^abor, or which 
 may luTcafter, in accordance with the provisions of this act, be so transferred, shall become avail- 
 able, from the time of such transfer, for expenditure in and by the Department of Commerce and 
 Labor, and shall be treated the same as though said branches of the public service had been directly 
 named in the laws making said appropriations as parts of the Department of Commerce and Labor, 
 under the direction of the Secretary of said Department. 
 
 "Sec. 4. That the following-named otlices, bureaus,divisions,andbranchcs of the public service, now 
 and heretofore under the jurisdiction of the Department of the Treasury, and all that pertains to the 
 same, known as tlie Light House Board, the Light-House Establishment, the National Bureau of 
 Stanclards, the Coast and Geodetic Survey, the Commissioner-General of Immigration, the Commis- 
 sioners of Immigration, the Bureau of Immigration, the immigration service at large, and the Bureau 
 of Statistics, be, and the same hereby are, transferred from the Department of the Treasury to the 
 Department of Commerce and Labor, and the same shall hereafter remain underthe jurisdiction and 
 supervision of the last-named Deiiartment; and that the Census Office, and all that pertains to the 
 same, be, and the same hereby is, transferred from the Department of the Interior to tlie Dcjiartment 
 of Commerce and Lalior, to remain henceforth under the jurisdiction of the latter; that the Depart- 
 ment of Labor, the Fish Commissioner, and the Office of Commissioner of Fish and Fisheries, ami all 
 that pertains to the same, be, and the same hereby are, [ilaced under the jurisdiction ami made a 
 part of the Deijartment of Commerce and Labor; that the Bureau of Fi'ireign Commerce, now in the 
 Department of State, be, and the same hereby is, transferred to the Department of Commerce and 
 Labor and consolidated with and made a part of the Bureau of Statistics, hereinbefore transferred 
 from the Department of the Treasury to the Department of Commerce and Labor, and the two shall 
 constitute one bureau, to be called the Bureau of Statistics, with a chief of the Burea;;; and that the 
 Secretary of Commerce and Labor shall have control of the work of gathering and distributing sta- 
 tistical information naturally relating to the subjects confided to his Deiiartment; and the Secretary 
 of (:oiumerce and Latior is hereby given the power and authority to rearrange the statistical work of 
 the bureaus and offices confided to said Department, and to consolidate any of the statistical bureaus 
 and olliees transferred to sai<l Department; and said Secretary shall also liave authority to call upon 
 other departinentsof theGovernment for statistical data and results obtained by them; and .said Sec- 
 retary of Connneree and Labor may collate, arrange, and publish such statistical information so 
 obtained in such manner as to him may seem wise. 
 
 "That the official records and papers now on file in and pertaining exclusively to the business of 
 anv bureau, otliee, department, or branch of the public service in this act transferred to the Depart- 
 ment of Commerce and Labor, together with the furniture now in use in such bureau, office, depart- 
 ment, or branch of the public service, shall be, and hereby are, transferred to the Department of 
 Commerce and Labor. 
 
 "Sec. 5. That there shall be in the Department of Commerce and Labor a bureau to be called the 
 Bureau of Manufactures, and a chief of said Bureau, who shall be appointed by the President, and 
 who shall receive a salary of $4,000 per annum. There shall also be in said Bureau such clerical assist- 
 ants as may from time to lime be authorized by Congress. It shall be the province and duty of said 
 Bureau, tnider the diiection of the Secretary, to foster, promote, and develop the various manufacturing 
 industries of the I'nited Stales, and markets for the same at home and abroad, domestic and foreign, 
 by gathering, compiling, publishing, and supplying all availalile an<l useful information concerning 
 such industries and such markets, and by such other methods and means as may be prescribed by 
 the Secretifry or provided by law. And all consular officers of the United States, including consuls- 
 
LEGISLATIVE HISTOHY 641 
 
 pencral, consuls, and commercial agents, are hereby required, and it is made a part of their duty, 
 under the direction of the Secretary of State, to gather and compile, from time to time, useful arid 
 material iiil'oniiMtion and statistics in respect to the subjects cmunerated in section 3 of tliis act in the 
 countries and places to which such consular otliccrs are accredited, and to send, \nid^'r the direction 
 of the Secretary of State, reports as often as required of the information and statistics thus gathered 
 and comiiiled, s"uch reports to be transmitted through the State Department to the Secretary of the 
 Department of t'ommerce and Labor. 
 
 "SEC. 11. That there shall be in the Department of Commerce and Labor a bureau to be called the 
 Bureau of Corporations, and the chief of said Bureau shall be appointed by the President and sliall 
 receive a salary of 54,000 per annum. There shall also be in said Bureau such clerks and assistants as 
 may from time to time be authorized by law. It shall be the province and duty of said Ruieau, under 
 the"direction of the Secretary of Commerce and Labor, to gather, compile, jaiblish, and supply useful 
 information concerning such corporations doing business within the limits of tlie Cnited States as 
 sliall engage in interstate commerce or in commerce between the United States and any foreign 
 country, and to attend to such other duties as may be hereafter provided by law. 
 
 "Sec". 7. That the jurisdiction, .supervision, and control now possessed and exercised by the Depart- 
 ment of the Treasury over the fur-seal, salmon, and other fisheries of Alaska and over the immigra- 
 tion of aliens into tlie Llnited States, its waters, territories, and any place subject to the jurisdiction 
 thereof, are hereby transferred and vested in the Department of Commerce and Labor. That the 
 authority, power, and jurisdiction now possessed and exercised by the Secretary of the Treasury by 
 virtue of any law in relation to the e.vclusion from and the residence within the United States, its 
 Territories, and the District of Columbia, of Chinese and persons of Chinese descent, are hereby trans- 
 ferred to and conferred upon the Secretary of Commerce and Labor, and the authority, power, and 
 jurisdiction in relation thereto now vested by law or treaty in the collectors of cu.stoms and the col- 
 lectors of internal revenue are hereby conferred upon and vested in such officers under the control 
 of the Commissioner-General of Immigration as the Secretary of Commerce and Labor may designate 
 therefor. 
 
 "Sec. 8. That the Secretary of Commerce and Labor shall annually, at the close of each fiscal year, 
 make a report in writing to Congre.ss, giving an account of all moneys received and disbursed by 
 him and his Department, and describing the work done by the Department in fostering, promoting, 
 and developing the foreign and domestic commerce, the mining, manufacturing, shipping, and 
 fishery industries, and the transportation facilities of the United States, and making such recom- 
 mendations as he shall deem necessary for the effective performance of the duties and purposes of 
 the Department. He shall also from time to time make such special investigations and reports as he 
 may be required to do by the President, or by either House of Congress, or which he himself may 
 deem necessary and urgent. 
 
 "Sec. 9. That the Secretary of Commerce and Labor shall have charge, in the buildings or premises 
 occupied by or appropriated to the Department of Commerce and Labor, of the library, furniture, 
 fixtures, records, and other property pertaining to it or hereafter acquired for use in its business; and 
 he shall be allowed to expend for periodicals and the purposes of the library, and for the rental of 
 appropriate quarters for the accommodation of the Department of Commerce and Labor within the 
 District of Columbia, and for all other incidental expen.ses, .such .sums as Congress may provide from 
 time to time: Provided, however. That where any office, bureau, or branch of the puldic service trans- 
 ferred to the Department of Commerce and Labor by this act is occupying rented buildings or 
 premises, it may still continue to do so until other suitable quarters are provided for its use: And 
 provided J'urther,'Thiit all oflicers, clerks, and employees now employed in any of the bureaus, offices, 
 departments, or branches of the public service in this act transferred to the Department of Commerce 
 and Labor are each and all hereby transferred to .said Department at their present grades and salaries, 
 except where otherwise provided in this act: And provided further, That all laws prescribing the work 
 and defining the duties of the several bureaus, offices, departments, or branches of the public service 
 bv this act transferred to and made a part of the Department of Commerce and Labor shall, so far as 
 the same are not in conflict with the provisions of this act, remain in full force and effect until 
 otherwise provided by law. 
 
 " Sec. 10. That all power and authority heretofore possessed or exercised by the head of any execu- 
 tive department over any bureau, office, brancli, or division of the public service by this act trans- 
 ferred to the Department of Commerce and ^Labor, or any business arising therefrom or pertaining 
 thereto, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and 
 exercised by the head of the said Department of Commerce and Labor. And all acts or parts of acts 
 inconsistent with this act are, so far as .so inconsistent, hereby repealed. 
 
 "Sec. 11. A person, to be designated by the Secretary of State, shall be appointed To formulate, 
 under his direction, for the instruction of consular officers the requests of the Secretary of Commerce 
 and Labor; and to prepare from the dispatches of consular officers, for tran.smission to the Secretary 
 of Commerce and Labor, such information as pertains to the work of the Department of Commerce 
 and Labor; and such person shall have the rank and salary of a chief of bureau, and be furnished 
 with such clerical assistants as may from time to time be authorized by la\v. 
 
 "Sec. 12. That the President be," and he is hereby, authorized, by order in writing, to transfer at 
 any time the whole or any part of any office, bureau, division, or other branch of the public service 
 engaged in statistical or scientific work, or the Interstate Commerce Commis.sion, to the Department 
 of Commerce and Labor; and in every such case the duties and authority performed by and con- 
 ferred by law" upon such office, bureau, division, or other branch of the public service, or the part 
 thereof .so transferred, shall be thereby transferred Mith .such office, bureau, division, or other branch 
 of the public service, or the part thereof which is so transferred. And aH power and authority con- 
 ferred by law, both supervisory and appellate, ujion the department from which such transfer is 
 made, or the secretary thereof, in relation to the said office, bureau, division, or other brancli of the 
 public service, or the part thereof so transferred, shall immediately, when such.transfer is so ordered 
 Ijy the President, be fully conferred upon and vested in the Department of Commerce and Labor, or 
 the Secretary thereof, asthe case may be, as to the whole or part of such office, bureau, division, or 
 other branch of the public service so transferred. 
 
 " Sec. 1:5. That this act shall take effect and be in force from and after its pas.sage: Provided, how- 
 ever. That the provisions in this act in relation to the transfer of any existing office, bureau, division, 
 officer, or other branch of the public service or authority now conferred thereon, to the Department 
 of Commerce and Labor shall take effect and be in force on the 1st day of July, 1903, and not before." 
 
 SENATE CONFEREES APPOINTED JANUARY 29, 1903. 
 
 ]Mr, Hanna. I am instructed by the Committee on Commerce, to whom were 
 referred the bill (S. 569) to establish the Department of Commerce and Labor and 
 the amendment of the House of Representatives thereto, to recommend a disagree- 
 
 27628—04 41 
 
642 LEGISLATIVE HISTORY 
 
 ment to the House amendment and ask for a conference on the disagreeing votes of 
 the two Houses. 
 
 The President pro tempore. The Senator from Ohio moves that the Senate dis- 
 agree to the amendment of the House of Representatives and requests a conference. 
 
 The motion was agreed to. 
 
 By unanimous consent, the President pro tempore was authorized to appoint the 
 conferees on the part of the Senate; and Mr. Hanna, Mr. Nelson, and Mr. Clay 
 were appointed. 
 
 HOUSE CONFEREES APPOINTED .lANU.VKY 29, 1903 
 
 The Speaker pro tempore laid before the House the bill (S. 569) to establish the 
 Department of Commerce and Labor, with House amendment disagreed to by the 
 Senate. 
 
 Mr. Hepburn. Mr. Speaker, I move that the House insist upon its amendment 
 and agree to the conferem-e asked by the Senate. 
 
 The Speaker pro tempore. The gentleman from Iowa moves that the House insist 
 upon its amendment and agree to the conference asked by the Senate. 
 
 The motion was agreed to. 
 
 The Speaker pro tempore announced the appointment of the following conferees: 
 Mr. Hepburn, Mr. Mann, and Mr. Richardson, of Alabama. 
 
 conference report to house FEBRUARY 9, 1903 
 
 Mr. Hepburn. Mr. Speaker, I desire to present a conference report, together with 
 the statement of the conferees, on the bill (S. 569) to establish a Department of 
 Commerce and Labor, and ask that the same be printed in the Record, in accordance 
 with the rules. 
 
 The Speaker pro tempore. The gentleman from Iowa submits the conference 
 report, together with a statement of the conferees, which will be printed in the 
 Record, in accordance with the rules. 
 
 The conference rej^ort is as follows: 
 
 The committee of conference on the disagreeing votes of the two Houses on the amendment of the 
 House to the bill (S. 569) " to establish the Department of Commerce and Labor," having met, after 
 full and free conference, have agreed to recommend and do recommend to their respective Houses as 
 follows: 
 
 That the Senate recede from its disagreement to the amendment of the House, and agree to the 
 same with amendments as follows: Page 2, line & of th6 amendment, strike out all alter the word 
 "Congress" to the end of section 2 and insert in lieu thereof the following: " and the Ar.ditnr fur the 
 State and other departments shall receive and examine all accounts of snlaries and incidonal ex- 
 penses of the oflice of the Secretary of Commerce and Labor, and of all burt'aus and dllices uiider his 
 direction, all accounts relating to the Light-House Board, Steamboat-Inspection Service, Jmmigration, 
 Navigation, Alaskan fur-seal tisheries, the National Bureau of Standards, Coast and Geodetic Survey, 
 Census, Department of Labor, Fish Commission, and to all other business within the jurisdiction of 
 the Department of Commerce and Labor, and certify the balances arising thereon to the division of 
 bookkeeping and warrants and send forthwith a copy of each certificate to the Secretary of Com- 
 merce and Labor." 
 
 Page 3, line 15 of the amendment, insert, after the word "Establishment," the following: "the 
 Steamboat-Inspection Service, the Bureau of Navigation, the United States Shipping Oommi.ssioners." 
 
 Page 4, line 3 of the amendment, strike out the word "Commissioner" and insert in lieu the word 
 "Commission." 
 
 Strike out all of section 6 and insert in lieu tlie following: 
 
 " Sec. 0. That there shall be in the Department of Commerce and Labor a bureau to be called the 
 Bureau of Corporations, and a Commissioner of Corporations who shall be the head of said Bureau, to 
 be appointed by the I'rosident, who sliall receive a salary of S5,000 per annum. There shall also be 
 in said Bureau a Deputy Coinmissioner, who shall receive a salary of $3, .WO per annum and who shall 
 in the absence of theComtiiissioneract asandperfoi'ui the duties of the Commissioner of Corporations, 
 and who shall also perform such other duties as may be assigned to him by the Secretary of Commerce 
 and Labor or by the said Coniinissioner. There shall also be in the said Biireau a chief clerkLand such 
 special agents, clerks, and otlier employees, as may be autliorized l)y law. 
 
 "The said Commissioner shall have power and autlmrity to make, tinder the direction nnd control 
 of the Secretary of Commerce and Labor, diligent investigation into the or.Lcanizatioii, conduct, and 
 management of the business of any corporation, joint-stock com 11,-iny, or corpora teconiliiTiat ion engaged 
 in commerce among the several States and wit'li foreign nations, excepting connnon carriers subject 
 to 'an act to regulate commerce,' appro vecl February 4, llssT, and toga tiler such in forma ti<in and (hita 
 as will enable the President of tlie United States to make recommendations to Congress for legislation 
 for the regulation of such commerce, and to report such data to the President from time to time as he 
 shall reiiuire; and the information so obtained, or as much thereof as the President may direct shall 
 be made laiblic. 
 
 "In order to accomplish the purposes declared in the foregoing part of this section, the said Com- 
 missioner sliall have and exercise tlie same power and antliority in respect to corporations, joint- 
 stock companies, and coiuliiiiatious subject to the provisions hereof as is conferred on the Interstate 
 Commerct Commission in said 'act to regulate commerce' and the amendments tliereto in respect to 
 common carriers so far as tlie same iiuiy tie applicable, including the right to subpo'ua and compel 
 the attendance and testimony of witnesses iiiid the production of documentary eviden<'i' and to 
 administeroMlhs. .Ml the reiiuirements, obligations, liabilities, and immunities imposed orcouferred 
 by said ' act to regulate commerce' and by 'an act in relation to testimony bel'orc the Interstatt- ( 'oiii- 
 merce Commission,' etc., approved I'"ebruary 11, KS'.k;, supiileineiital to said 'act to regulate commerce,' 
 sliiiU also api)ly to all persons who may hv subpieiiaed to testily as witnesses or to produce document- 
 ary evidence in pursuance of the authority conferred by this section. 
 
 "It shall also be the province and duty of said Bureau, under the direction of the Secretary of 
 
LEGISLATIVE HISTORY 643 
 
 Commoroe and Labur, to gather, coniiiiU', pnlilisli, and supply n.sefiil information concerning cor- 
 p(iratii>ns doing hnsiness within tlie limits of the Unite(l States as shall engage in interstate commerce 
 or ill coiMiuerce between the Cniteil States and any foreign country, including cdriiorations engaged 
 in insurance, and to attend to such oilier duties as may he hereafter provided by law." 
 
 I'age (i, line 8, of the amendment, after the word " reiiuired," insert the words " by the Secretary of 
 Commerce and Labor." 
 
 I'agi' 7, lino 7, of the amendment, after the word "labor," insert the following: "Pronded, That 
 nothing contained in thi.s act shall be construed to alter the method of collecting and accounting for 
 the head tax prescribed by section 1 of the act entitled 'An act to regulate immigration,' approved 
 August o, l.SS'i." 
 
 Page M, line 2.'i, of the amendment, after the word " in," insert the words '"or by." 
 
 In lieu of section 10 of the aniendnu'nt insert the following; 
 
 "SEC. 10. That all duties ]Krformc(l and all power and authority now possessed or exercised by 
 the head of any exectitive department in and over any burivui, office, ofiicer, board, branch, or divi- 
 sion of the pulitic service by this act tninsferred to the Department of Commi'rce and Labor, or any 
 business arising therefrom oriiertaining thereto, or in relation to the duties |^erfllrule(l by and author- 
 ity conferred by law upon such buriau, otiicer, otlice, board, branch, or division of the public serv- 
 ice, whether of an appellate or revisory character or otherwi.se, sliall hereafter be vested in and 
 exercised by the liead of the Siiid Department of Commerce and Labor. 
 
 "All duties, power, autliority, and jurisdiction, whether supervisory, appellate, or otherwise, now 
 imi)()sed or conferred uiMin tlieSecretary of tlie Treasury by acts of Congress relating to merchant 
 vessels or yachts, tlu'ir measurement, numbers, names, registers, enrollments, licenses, commissions, 
 records, mortgages, bills of salt', transfers, entry, clearaTice. movements, and transportation of their 
 cargoes and ]>assengers, owners, otticers, seamen, passengers, fees, in.speetion, e<iuipment for the bet- 
 ter security of life, and by acts of Congress relating to tonnage tax, boilers on steam ve.ssels, tlie car- 
 rying of inflammable, explosive, or dangerous cargo on vessels, the use of petroleum or other similar 
 sid)stances to produce motive power, and relating to the remission or refund of tines, penalties, for- 
 feitures, exactions or charges incurred for violating any iirovision of law relating to vessels or sea- 
 men or to informer's shares of such tines, and by acts of Congress relating to the Commi.ssioner and 
 Bureau of Navigation, shipyiing commissioners, their officers and emi)loyees, Steainboat-Tuspection 
 Service and any of the otiicials thereof, shall be, and hereby are, transferred to and imjiosed and 
 conferred upon" the Secretary of Commerce and Labor from and after the time of the transfer of tlie 
 Bureau of Navigation, the slii|iping commissioners, and the Steamboat-Inspection Service to the 
 Department of Commerce and Labor, and shall not thereafter be imiiosed upon or exercised by the 
 Secretary of the Treasury. And all acts or parts of acts inconsistent with tins act are, so far as incon- 
 sistent, hereby repealed." 
 
 Page 10, line 1'2 of the amendment, strike out the words "t>r the Interstate Commerce Commission," 
 and insert the following: "from the Department of State, the Department of the Treasury, the 
 Department of War, the Department of Ju.stice, the Post-Ofiice Department, the Department of the 
 Navy, or the Department of the Interior." • 
 
 "Page 11, line 6 of the amendment, after the word "act," insert the words "other than those of 
 section V2." 
 
 And the House agree to the same. 
 
 W. P. Hepburn, 
 James R. Mann, 
 WiLiJAM Richardson, 
 Ma7iagcrs on the part of the House. 
 M. A. Hanna, 
 Knute Nelson, 
 A. S. Clay, 
 Managers on thejjart of the Senate. 
 
 The statement of the House conferees is as follows: 
 
 The managers on the part of the House at the conference on the disagreeing votes of the two 
 Houses on the amendment of the House to tlic bill (S. 5fi9) to establish tlie Department of Commerce 
 and Labor, submit the following written statement in explanation of the effect of the action recom- 
 mended in the accompanying conference report. 
 The substitute amendment of the House is agreed to with various amendments. 
 The first of these amendments is to strike out the provision in tlie House substitute in reference to 
 the auditing of accounts and to insert in lieu thereof the following: 
 
 " The Auditor for the State and other departnu'nts shall receive and examine all accounts of sala- 
 ries and incidental expenses of the olliceof t-he St'crelary of Commerce and Labor, and of all Inireaus 
 and olliccsunder hisdirection, all accounts relating tothe Light-Ib.iuse Boanl, Steamboat-Inspection 
 Service, Immigration, Na\ igation, Al.-iskan fur-sea T fisheries, the National Bureau of Standards, Coast 
 and Ceodetic Survey, CcTisus, J)c]iartment of Labor, Fish Commission, and to all other business 
 within the jurisdiction oi tlie Dejiartment of Commerce and l^aljor, and certify the balances arising 
 thereon to the division of bookkeeiiing and^varnints, and send forthw itli a copy of eacli certificate 
 to the Secretary of Commerce and Labor." 
 
 This language more nearly conforms with the present law upcm the subject of auditing accounts. 
 
 The second amendment to the House substitute provides for the transfer from the Treasury Depart- 
 ment to the Department of Commerce and Labor of the Steamboat-Inspection Service, the Bureau 
 of Navigation, and the United States shipping commissioners. 
 
 The third amendment agreed to is to insert the word "Commission," in.stead of the word "Com- 
 missioner," in the description " Fish Commission," the Commissioner of Fish and Fisheries being 
 already included. 
 
 The fourth amendment agreed to inserts, after tlie word "required," in section 5, the words "by 
 the Secretary of Commerce and Labor," so as to provide that consular ofKcers shall send reports, 
 under the direction of the Secretary of State, as often as required by the Secretary of Commerce and 
 Labor. 
 
 The fifth amendment agreed to is to strike out all of section 6 of the House substitute and to insert 
 in lieu thereof the following: 
 
 "Sec. fi. That there shall be in the Department of Commerce and Labor a bureau to be called the 
 Bureau of Corporations, and a Commissioner of Corporations who shall be the head of said Bureau, 
 to l)e aiMiointt'd by the President, who siiall recei\-e a salary of 55,000 per annum. There shall also 
 be in sai<l Burciua Dejiuty <'ommissioncr, who shall receive a salary of Jf3,.'i00 per annum, and who 
 shall, in tiie absence of the Commissioner, act as and ]ierform the duties of the Commissioner of Cor- 
 liorations, and who sli.-ill also perform such other duties as may be assigned to him by the Secretary 
 of Commerce and Lalior or by the saiii Commissioner. Tlieie shall also Ije in the said Bureau a chief 
 clerk and such sjjccial ageiil.s, clerks, and other cmjiloyees as may be authorize<l by law. 
 
 "Till' sai<l Commissioner shall have jiower and atUhority to make, under tliedireetion and control 
 of tlio Secretary of Commerce and Labor, diligent investigation into the organization, conduct, and 
 
644 
 
 LEGISLATIVE HISTORY 
 
 management of tlie business of any corporation, joint stock company, or corporate combination 
 engagei in connuerce among the several States and with foreign nations excepting common carriers 
 subject to 'An art tn rcituhite commerce,' ajipnivcd Fcliruary 1, IsxT, and ti) gatlier such inrurniation 
 and data as will enahle the President of the United Stales ti> make recommendations to Congress for 
 legislation for tlie regulation of such commerce, and to report such data to the President fntm time 
 to time as he shall reiiiiire; and the information so obtained, or as much thereof as the President may 
 direct, shall be made imblic. 
 
 "In order to accomplish the purposes declared in the foregoing part of this section, the said Com- 
 missioner shiill have and exercise tlie same power and authority in respect to corporations, joint- 
 stock companies, and combinati(ins siiliject to the provisions hereof as is conferreil on the Interstate 
 Commerce Com mission in said 'act to regulate commerce' and the amendments tliereto in respect to 
 common carriers, so far as the .same may be applicable, including the right to suljiKcna and compel 
 the attendance and testimony of witnesses and the iir(i(biction of docmneiitary evidence and to 
 administer oaths. All the requirements, obligations, liabilities, and immunities imposed or con- 
 ferred bv said ' act to regulate commerce' and by 'An act in relation to testimony before the Inter- 
 state Coinmerce ('ommi.ssiou,' etc., approved February 11, 1893, supplemental to said 'act to regulate 
 commerce,' shall also apply to all persons who maybe subprenaed to testify as witnesses or to pro- 
 duce diKMimentarv evidence in pursuance of the authority conferred by this section. 
 
 "Itsball also lie the jirovince and duty of said Bureau, under the direction of the Secretary of 
 Commerc-eand Lahor, to gather, compile, pulilish. and supply useful information concerning corpo- 
 rations doing business within the limits of tlie United States as shall engage in interstate commerce 
 or in comiiierce between the United States and any foreign country, including corporations engaged 
 in insurance, and t(^ attend to such other duties as may be hereafter yirovideil liy law." 
 
 The sixth amendment agreed to is to insert at the end of tlie lirst sentence in section 7 (which pro- 
 vides for the transfer of the Bureau of Immigration to the new Department) the following: "Provided, 
 That nothing contained in this act shall be construed to alter the method of collecting and account- 
 ing for the head tax ijrescribed by section 1 of the act entitled 'An act to regulate immigration,' 
 approved Augusts, ISS'J." 
 
 The seventh amendment agreed to is to insert the words "or by" in section 9, so as to include in 
 the transfer "all officers, clerks, and employees now employed in or by any of the bureaus," etc., 
 transferred to the new Department. 
 
 The eighth amendment agreed to is to strike out all of section 10 and insert in lieu thereof the 
 following: 
 
 " That all duties performed and all power and authority now possessed or exercised by the head 
 of anv Executive Department in and over any bureau, office, officer, board, branch, or division of 
 the pulilic service by this act transferred to the "Department of Commerce and Labor, or any business 
 arising therefrom or jiertaining thereto, or in relation to the duties performed by and authority con- 
 ferred bv law upon such bureau, officer, office, board, branch, or division of the public service, 
 whether'of an ajipi'llate or revisory character or otherwise, shall hereafter be vested in and exercised 
 by the head of the said Department cif Commerce and Labor. 
 
 "All duties, power, authority, and jurisdiction, whether supervisory, appellate, or otherwise, now 
 imposed or conferral upon the Secretary of the Treasury by acts of Congress relating to merchant 
 vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commis.sions, 
 records, m'ortgages, bills of sale, transfers, entry, clearance, movements, and transportation of their 
 cargoes and jiassengers, owners, officers, seamen, passengers, fees, inspection, eijuipment for the bet- 
 ter security of life, and by acts of Congress relating to tonnage tax, boilers on steam vessels, the car- 
 rying of inflammable, explosive, or dangerous cargo on vessels, the use of petroleum or other similar 
 substances to produce motive i)ower, and relating to the remission or refund of fines, penalties, for- 
 feitures, exactions, or charges incurred for violating any provision of law relating to vessels or sea- 
 men or to informer's share of such fines, and by acts of Congress relating to the Commissioner and 
 Bureau of Navigation, shipping commissioners, their officers and employees, Steamlioat-lnspection 
 Service and any of the officials thereof, shall be, and hereby iire, transferred to and imposed and 
 conferred upon the Secretary of Commerce and Labor from and after the time of the transfer of the 
 Bureau of Navigation, the "shipping commissioners, and tlie Steamboat-Inspection Service to the 
 Department of Commerce and Labor, and shall not thereafter be imjiosed uimn or exerci.sed by the 
 Secretary of the Treasury. And all acts or parts of acts inconsistent with this act are, so far as incon- 
 sistent, hereliy repealed." 
 
 The principal new matter inserted in section 10 as agreed to is for the purpo.se of transferring the 
 present authority vested in the Secretary of the Treasury in regard to navigation and steamboat 
 inspection service to the Secretary of Commerce and Labor. The amendment enumerates various 
 acts of Congress in which the Secretary of the Treasury is now named by that title, in order to more 
 specificallv transfer his present power to the Secretary "of Commerce and Labor. 
 
 The ninth amendment agreed to is to strike out of section ]'2 the words "or the Interstate Commerce 
 Commission" and insert in lieu tliereof the following: " From the Department of State, the Depart- 
 ment of the Treasury, the Department of War, tlie De|iartmcnt of Justice, the I'ost-ollice Deiiarlment, 
 the Department of the Navy, or the Department <if the Interior." The effect of tliis aiiiendnieut is to 
 permit the President to transfer statistical or seieiitilic work to the Department of Commerce and 
 Labor from any of the Departments nann^d, but it does not permit him to transfer the Interstate 
 Commerce Coiiimission or the statistical work of the Department of Agriculture or the Interstate 
 Commerce Commission. 
 
 The tenth amendment is to insert after the word "act," in line 3 of section 13, the words "other 
 than those of section 1'2." The effect of this amendment is to make section 1'2 of the act take effect 
 immediately upon its passage. 
 
 W. P. HEPmiRN, 
 
 James R. Mann, 
 William Richardson, 
 Managers on the part of the House. 
 
 CONFERENCE REPORT TO SENATE FEBRUARY 10, 1903 
 
 Mr. Hanna submitted the following report: 
 
 The committee of conference on the disagreeing votes of the two Houses on the amendment of the 
 House to the bill (S. 569) " to establish the Department of Commerce and Labor," having met, after 
 full and free conference have agreed to recommend and do recommend to their respective Houses as 
 follows: 
 
 That the Senate recede from its disagreement to the amendment of the House, and agree to the 
 same with amendmeiils as follows: 
 
 Page '2, lini; ,s of the amendment, strike out all after the word "Congress" to the end of section 2 
 and insert in lieu thereof the following: "and the Auditor for the State and other departments shall 
 receive and examine all accounts of salaries and incidental expenses of the office of tlie Secretary 
 of Commerce and Labor and of all bureaus and offices under his direction, all accounts relating 
 
LEGISLATIVE HISTORY 645 
 
 to lh(' l,i!,'lit-IIouse Board, Steamboat-Inspection Service, Immigration, Navigation, Alaskan fur-seal 
 lislu'iics, iIk' National Bureau of Standanis, < :oast and (Jeodetic Survey, Census, Departmentof Labor, 
 Fisli Coiiniiissiiin, and to all otlicr ))usiiicss within the jurisdiction of tlie Department of Commerce 
 and Lal)oi-, and certify tlie lialanccs arising tluTcon to the division of liookkccping and warrants, and 
 send forthwilli a copy of each ccrtilicalc to (lie Secretary of Couinierce and Labor." 
 
 I'age 3, line 15, of tlie aiucndment, insert after tlie word "EstalilislnuenI " tlie following: "the 
 Steandjoat-lnspection Service, the Bureau of Navigation, the United States shipping coniniissioners." 
 Page 4, line 3, of the amendment, strilie out the word " Commissioners " and insert in lieu thereof 
 the word "Commission." 
 Strike out all of section 6 and insert in lieu the following: 
 
 "Skc. (!. That there shall be in the Department of Otmmerce and Labor a, bureau to be called the 
 Bureau of C'nriionitions, and a Connnissiont'r of Corporations who shall be tlie head of said Bureau, 
 to be appointed bv the President, who shall receive a salary of .*■'), imu per annum. There shall also 
 be in sail! Bureaua Deputy Commissioner who shall receive a salary of So, 500 per aninnn, and who 
 shall in the absence of the" Commissioner act as, and perform the didies of, the Commissioner of Cor- 
 porations, and who shall also perform such other duties as may be assigned to liim by the Secretary 
 of Commerce and Lalior or bv the said Commissioner. There shall also be in the sai<l Ibireaii a chief 
 clerk and such special agents, clerks, and other emiiloyees as may be authorized by law. 
 
 "The said Commissioner shall have [lowcr and authority to make, under the direction and control 
 of the Secretary of Commerce and Lalior, diligent investigaticjn into the organization, conduct, and 
 management of the business of any corporation, joint stock comiiany, (u- corponde comliination 
 engaged in commerce among the several States and with foreign nations excci>ting commim carriers 
 suliject to 'An act to regulate connueree,' approved February 4, 1<SS7, and to gather sucli infonnation 
 and data as will enable'the President of the United States to make recommendations to Congress for 
 legislation for the r^■gulatiou of such commerce, and to report such data to the President from time 
 to time as he shall require; and the information so obtained, or as much thereof as the President 
 may direct, shall be made public. 
 
 "In order to accomplish the purposes declared in the foregoing part of this section, the said Com- 
 missioner shall have and exercise the same power and authority in respect to corporations, joint- 
 stock companies, and combinations subject to the provisions hereof as is conferred on the Interstate 
 Connnerce Comnnssion in said ' act b) regulate commerce' and the amendments tlieri'to in respect to 
 common carriers so far as the same may be applicable, including the right to subpo-ua and compel 
 the attendance and testimony of witnesses and the production of documentary evidence and to 
 administer oaths. 
 
 "All the requirements, obligations, liabilities, and immunities imposed or conferred by said ' Act 
 to regulate commerce' and by ' An act in relation to testimony Ijefore the Interstate Commerce Com- 
 mission,' etc., approved February 11, 1893, supplemental to said 'Act to regulate commerce,' shall 
 also apply to all persons who may be subpu'naed to testify as witnesses to produce documentary 
 evidence In pursuance of the authority coiiferre<l In- this section. 
 
 "It shall also be the province and duty of said Bureau, under the direction of the Secretary of 
 Commerce and Labor, to gather, compile, publish, and supply useful information concerning corpo- 
 rations donig business within the limits of the United States as shall engage in interstate commerce 
 or in commerce between the United States and any foreign country, including corporations engaged 
 in Insurance, and to attend to such other duties as may be hereafter provided by law." 
 
 Page 6, line 8, of the amendment, after the word "required," insert the words " by the Secretary 
 of Commerce and Labor," 
 
 Page 7, line 7, of the amendment, after the word " labor," Insert the following: Provided, That 
 nothing contained in this act shall be construed to alter the method of collecting and accounting for 
 the head tax prescribed by section 1 of the act entitled ' An act to regulate immigration,' approved 
 Augusts, 188'2." 
 
 Page 8, line '25, of the amendment, after the word "in," insert the words "or by." 
 
 In lieu of section 10 of the amendment insert the following: 
 
 "Sec. 10. That all duties performed and all power and authority now possessed or exercised by the 
 head of anv executive department in and over any bureau, office, officer, board, branch, or division 
 of the public service by this act transferred to the Department of Commerce and Labor, or any busi- 
 ness arising therefrom or pertaining thereto, or in relation to the duties performed by and authority 
 conferred by law upon such bureau, otlicer. office, board, branch, or division of the public service, 
 whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised 
 by the head of the said Department of Commerce and Labor. 
 
 "All duties, power, authority, and jurisdiction, whether supervisory, appellate, or otherwise, now 
 imposed or conferred upon the Secretary of the Treasury by acts of Congress relating to merchant 
 vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, connnissious, 
 records, mortgages, bills of sale, transfers, entry, clearance, movements, and transixirtaf ii.m oi their 
 cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the I letter 
 securil y of life, and by acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying 
 of inllanunable, explosive, or dangerous cargo on vessels, the use of petroleum or other sijnilar sub- 
 stances to produce motive power, and relating to the remission or refund of fines, penalties, forfei- 
 tures, exactions, or charges incurred for violating any provision of law relating to vessels or seamen 
 or to informer's shares of such fines, and by acts of Congress relating to the Commissioner and Bureau 
 of Navigation, sliipping commissioners, their officers and employees, Steambciat-lns]iectiou Service 
 and any of the officials thereof, shall be, and hereby are, transferred to and imposed and conferred 
 upon the Secretary of Commerce and Labor from aiid after the time of the transfer of the Bureau of 
 Navigation, the sliiiiping commissioners, and the Steamboat-Inspection Service to the Department of 
 Commerce and Labor, and shall not thereafter he imposed upon or exercised by the Secretary of the 
 Treasury. And all acts or parts of acts inconsistent with this act are, so far as inconsistent, hereby 
 repealed." 
 
 Page 10, line 12 of the amendment, strike out the words " or the Interstate Commerce Commission," 
 and insert the following: " from the Department of State, the Department of the Treasury, the 
 Deiiartment of War, the Departmentof Justice, the Post-Offlce Department, the Department of the 
 Navy, or the Department of the Interior." 
 
 Page 11, line G of the amendment, after the word "act," insert the words: "other than those of 
 section 1'2." 
 
 And the House agree to the same. 
 
 M. A. Hanna, 
 Knute Nelsoh, 
 A. S. Clay, 
 Managers un tlie part of the Senate. 
 W. P. Hepburn, 
 James R. Mann, 
 William Richabdson, 
 Managers on the part of the Hotise. 
 
646 LEGISLATIVE HISTOKY 
 
 The President pro tempore. Will the Senate agree to the conference rejioit. 
 
 Mr. Qr.vv. Mr. President, I suggest to the Senator, who is the chairman of the 
 committee of conference and who sii)>mitteil this rejjoi't, that it is a reportof exceed- 
 ing importance, and, if it concurs with his hetter judgment, that he allow it to he 
 printed and go over until to-morrow. I expect to vote with the Henator for the 
 adoi)tion of the rei)ort, but I should like first to know exactly what I am voting for. 
 
 The President pro tempore. The Senator from Pennsylvania asks that the confer- 
 ence report may he printed and go over until tomorrow. Is there objection? The 
 Chair hears none, and that order is made. 
 
 CONFERENCE REPORT IN HOUSE FEBRUARY 10, 1903 
 
 Mr. Hepburn. Mr. Speaker, I desire to call up the conference report on the disa- 
 greeing votes of the two Houses on the +Senate amendments to the bill S. 569. 
 I ask unanimous consent that the reading of the report be dispensed with and that 
 the statement be read. 
 
 The Speaker. The gentleman from Iowa calls up a iirivileged report. The Clerk 
 will report the title of the bill upon which this report is made. 
 
 The Clerk read as follows: 
 
 A bill (S. 5G9) to esUiblLsh the Department of Commerce and Labor. 
 
 The Speaker. The gentleman asks unanimous consent to omit the reading of the 
 report, and that the statement only be read. If there is no objection this (iourse will 
 be inirsued. The Clerk will read the statement. 
 
 The Clerk read the statement. 
 
 [For text of the conference report and statement see record of the House proceed- 
 ings of February 9, 1903. Page 642.] 
 
 Mr. Hepburn. I yield five minutes to my coUeague on the committee, the gentle- 
 man from Ala])ama [Mr. Richardson]. 
 
 Mr. Richardson, of Alabama. First, Mr. Speaker, I should like to know whether 
 the gentleman from Iowa will allow a separate vote on section 6, which is known as 
 the Nelson substitute. 
 
 Mr. Hepburn. I think it is impossiljle to do that. I have no power to do so. 
 
 Mr. Richardson, of Alabama. By unanimous consent will you allow it? 
 
 Mr. Hepburn. Oh, I think not. I think it had better go in the usual course. 
 
 Mr. Richardson, of Alabama. Will you be willing, if the report of the conferees 
 is voted dovvn, to instruct tlie conferees to leave out section 6, wliich is the Nelson 
 substitute? 
 
 Mr. Hepburn. Oh, I do not care to make any contracts or agreements of that 
 kind. 
 
 Mr. Richardson, of Tennessee. I suggest to my colleague that if we vote down 
 the conference report, then it would be in order to instruct the conferees; but you 
 would first have to vote down the conference report. 
 
 Mr. Richardson, of Alaliama. I understand that to be the parliami'iitary rule, and 
 I ask, further, of my distinguished friend from Iowa [Mr. Hepburn] that he allow 
 me more than five minutes for the discussion of that sul>stitute. 
 
 Mr. Hepburn. How much time does the gentleman want? 
 
 Mr. Richardson, of Alabama. Not an unreasonable time. I should like an lionr. 
 
 Mr. Hepburn. I do not think we ought to ilo that. 
 
 Mr. Richardson, of Alabama. We were in conference a week on this (juestion, 
 and I would like very much t(j have that time allowed me to express my views fairly 
 of what is known as the Nelson substitute. 
 
 Mr. Hepburn. I would not be inclined to extend the time so as to give the gentle- 
 man all of my time. That is all of the time I have. I want to reserve a few 
 minutes. 
 
 Mr. Richardson, of Alabama. I hope the gentleman will not 1)e so uncharitable 
 as to limit me to only five minutes. 
 
 INIr. Hkpiukn. < )ii, no; I have no desire to do that. I will yieM to the gentleman 
 thirty minutes. 
 
 The Speaker. The gentleman from Alabama is recognized for thirty minutes. 
 
 Mr. Richardson, of Alabama. Mr. Speaker, I regret very much that I was unable 
 to agree with the ilistinguished conferees with whom I have been associated, repre- 
 senting the majority of this House, the gentleman from Iowa [Mr. Hei)burn] and 
 the gentleman from Illinois [Mr. Mann], on the measure known as the Nelson sul)- 
 stitute; l)ut after a conference extending over several days I found myself in a jxisi- 
 tion of radical difference with those gentlemen ui>on the natural, lair, and just 
 construction that 1 think this substitute justly bears. 1 shall not resort, Mr. Speaker, 
 to strained constiiK't ion to arrive at the true meaning of the substitute. It speaks 
 for itself in its own words. 
 
 I take this occasion, ]\Ir. Speaker, to say that I do not l)elieve that any Democrat 
 
LEGISLATIVE HISTORY 647 
 
 can sustain himsolf l)eforo the ]>onple in opj-insitinn to a nioasuro that proposes to 
 flive any ivlit-f a^^uiiiyt the evils of trusts and iiiouopoHes simply l)i'cause it has a Ke- 
 liul)!ic'un (ni<iin or roiues to us with a Republican stamp ami Republican aiiproval. 
 1 go still further tliau that. I do not believe that any Republican can hereaftergive 
 a satisfactory explanation to the peo])le as to why he supported a measure that on 
 its face daiiiis to regulate and control trusts and monopolies and suppress their evils, 
 when in fact the measure does not regulate and does not control, but leavesthe trusts 
 to the enjovment of all their lawless powers and almndant oj)]iortunities to accuum- 
 late unparalleled wealtli at the expense of the toiling masses of. this country, as they 
 have l)een doing with our peo])le for years ])ast. 
 
 1 believe, Mr. Speaker, that the people of this country in all sections of the Union 
 are sutticiently intelligent and sufficiently informed as to the workings, manage- 
 ment, and effect of the evils of the trusts — and to know that they are not only a 
 menace, but an actual injury to their interests — to place the resi)onsil)ility where it 
 ))roperlv belongs if we fail to grant the relief that they demand from the evils of 
 these trusts. We may stand hei-e on the tloor of the House to our heart's content 
 and api)laud the fervid expressions on the either side of the Cliamber. The al)le and 
 •listingnished gentleman from Pennsylvania [Mr. Dalzell] may repeat, as he has 
 heretofore stated on this floor, "To undertake to revise the tariff at this period of 
 unparalleled pi-osperity would be the heighth of legislative madness." The dis- 
 tinguished gentlemen from Pennsylvania [INIr. Sibley] only a few days since said in 
 the presence of tliis House, in substance, that the Dingley schedules were so sacre<l 
 and hallowed that they ought not to be touched by the liand of revision. He warned 
 us to be careful, but he failed to suggest anything looking to the relief of the onerous 
 burdens of the people. 
 
 These matters will all come before the people of this country very soon — to 
 pass upon our honesty and sincerity and the opportunities we had to give relief, and 
 whether we met or failed to come up to the full measure of our duties. 
 
 Now, Mr. Speaker, I dissent most earnestly and sincerely from this Nelson substi- 
 tute. I believe it to be an ultra dilution of a hypodermic dose of so-called antitrust 
 legislation. I believe it to be a travesty upon what its friends represent and claim 
 to be its only virtue — puljlicity. Why do I say that? I am in no manner res]wnsilile 
 for the studied efforts that y(Mi and I on both" sides of this House fully understand 
 are being made to make it appear that this Nelson substitute is hostile to the trusts, 
 and especially to the Standard Oil Company. Gentlemen of this House will not be 
 influenced by this consideration. They look at it for themselves. In my opinion, 
 the trusts, the corporations, the combines, and all other monopolies of all characters 
 and description have no reason to fear any liarm from this Nelson substitute. I will 
 now read section 6 in the House bill for which the Nelson amendment is a su})stitute, 
 and will read also the Nelson substitute. 
 
 Sec. G. That there shall be in the Department of Commeree and Labor a bureau to be called the 
 Bureau of Corporations, and the ehief of said Bureau shall l>e appointed by the President and shall 
 receive a salary of S4,000 per annum. There shall also be in said Bureau sucli clerks and assistants as 
 mav from time to time be authiiriz<'d bvl'aw. It shall be tlic province and duty of said Bureau, under 
 the' direction of the Secretary of Commerce and Laljor, to gather, comiiilc, pul)lish, and s\ipply useful 
 information concerning- .such C()ri)i)rations doini,'' business within the limits of the United States as 
 shall engage in interstate commeree or in commeree between the United States and any foreign 
 country, and to attend to such other duties as may be hereafter provided by law. 
 
 This is the Nelson substitute: 
 
 Strike out all of section 6 and insert in lieu thereof the following: 
 
 •• Sicc. fi. That there shall be in the Department of Uommerce and Labor a bureau to be called the 
 Bureau of Cori)orations, and a Commissioner of Corporations, who shall be the head of said Bureau, 
 to be appointed by the President, who shall receive a salary of 1.5, 000 perannum. There sluill also be 
 in said Bureau a deputy commissioner, who shall receive a salary of f3,500 per annum and w ho shall 
 in the absence of the Cbmmis-sioner act as and perform the duties of the Commissioner of (.'orpora- 
 tions, and who shall also perform such other duties as may be assigned to him by the Secretary of 
 Commerce and Labor or by the said Commissioner. There .shall also be in the said Bureau a chief 
 clerk and such special agents, clerks, and other employees as may be authorized by law. 
 
 "The said Commis.sioner shall have power and authority to make, under the direction and con- 
 trol of the Secretary of Commerce and Labor, diligent investigation into tlu^ organization, conduct, 
 and management of the business of any corporation, joint-stock comjiauy, or c(ir|iorate cinnbination 
 engaged in commerce among the several States and with foreign nations, excciitiug common car- 
 riers subject to 'An act to regulate commerce,' approved February 4, l.ssT. and to gather such infor- 
 mation and data as will enable the President of the United Statt's to make reronuuendations to 
 Congress for legislation for the ri'gulation of such commerce, and to re]iort such data to the President 
 from time to time as he shall require; and the information so obtained, or as much thereof as the 
 President may <lirect, shall lie made imblic. 
 
 "In order to accomplish the puriioses declared in the foregoing part of this section, the said Com- 
 missioner shall have and exercise the same power and authority in respect to corporations, joint- 
 stock companies, and combinations subject to the provisions hereof, as is conferred on the Interstate 
 Commerce Commission in said '.\ct to regulate commerce' and the amendments thereto in respect 
 to common carriers so far as the same may be applicable, including the right to subpoena and com- 
 pel the attendance and testimony of witnesses and the production of documentary evidence aiul to 
 administer oaths. All the reiiuirements, obligations, liabilities, and immiuiities imposed or con- 
 ferred by .said 'Act to regidate commerce.' and liy ' an Act in relation to testimony before the Inter- 
 tate Coinmerce Commission,' etc., api>roved February 11, 1893, .supplemental to said 'Act to regulate 
 
648 LEGISLATIVE HISTORY 
 
 commerce,' shall also apply to all persons who may be subpoenaed to testify as witnesses or to pro- 
 duce documentary evidence in pursuance of the authority conferred by this section. 
 
 " It shall also be the province and duty of said Bureau, under the direction of the Secretary of 
 Commerce and Labor, to gather, compile, publish, and supply useful information concerning cor])0- 
 rations doing business within the limits of the United States as shall engage in interstate commerce 
 or in commerce between the United States and any foreign country, including corporations engaged 
 in insurance, and to attend to such other duties as may be hereafter provided by law." 
 
 There can be no question that this section 6, that the Nelson bill is a substitute 
 for, provides for publicity. Does the substitute provide for ptiblicity? Let us ana- 
 lyze it from a standpoint of plain common sense. It is Ijefore you, and you have 
 read it. No law has ever been enacted yet that has not an aim and an end in it. 
 What is this? I propound it to both sides of this House. The purpose and object 
 of this measure or of this substitute is to enable the President of the United States to 
 do what? To take, under the supervision of the Secretary of Connnerce and Labor, 
 action against the trusts? No. Jt is to provide a way to gather such informati(m 
 and data as will enable the President of the United States to make recommendations 
 to Congress for legislation. I say that this substitute has the same characteristic 
 that the chased and pursued fawn instinctively possesses that is being hotly chased 
 by the hunter. After being pursued through circuitotts route, through the Avoods, 
 over the hills, and through the valleys, it returns at evening to the place where it 
 started. When all the conditions precedent are complied with and the President 
 sees proper, he will, in the sweet by and by, ask Congress for legislatif)n to regulate 
 commerce trusts. We are to pass the Nelson substitute, and when the President 
 picks up the data, under the qualitications and limitations that I have exjilained, he 
 is to come back to Congress and ask for additional legislation. 
 
 I saj', Mr. Speaker, that that condition is directly antagonistic and contrary to 
 every declaration that has l)een made, and the threats that we have been regaled 
 with in the morning pajiers at the breakfast table — at the dinner table — that if some 
 legislation is not enacted by this Congress, the present Congress, that will enable us 
 really to regulate the trusts and subordinate them to the laws of the country, that an 
 extra session of Congress will be held. 
 
 Now, Mr. Speaker — 
 
 The said Commissioner shall have power and authority to make, under the direction and control 
 of the Secretary of Commerce and Labor, diligent investigation into the organization, conduct, and 
 management of the business of any corporation, joint-stock company, or corporate combination. 
 
 For what? 
 
 So as to enable the President of the United States to make recommendations to 
 Congress for legislation. 
 
 Why not enact that legislation to-day? The country knows the conditions. Con- 
 gress should act at this session. Why delay? What reason and occasion is there 
 for us to ask the President of the United States to secure data about the great steel 
 trust. Suppose he shotild find otit in his investigation that the products now made 
 and controlled by the steel trust are sold cheaper in Europe than they are to our 
 home folks. If he should ascertain the fact that the steel trust last year exported 
 fully ninety-three millions of their prodticts to foreign countries, and, after paying 
 exjienses of transportation, sold these produ(;ts cheaper to foreigners than to our 
 own people, that wou]<l he no news, no startling intelligence. If he should further 
 got data showing that in March of last year the beef trust sent abroad nearly 
 $9,000,000 worth of American meats, and yet beef in April following sold at 14 cents 
 a pound in London and brought 24 cents per pound in New York City, do we not 
 all know that now? It is shown by current price lists. .Why go to the superfluous 
 and the meaningless task and delay of requiring the data about that which shows as 
 ])lain as the sun above our heads? We know, and the cotmtry knows, the vast 
 difference in the price in foreign markets and the price at home of plows, cultiva- 
 tors, wire nails, and other necessaries of life. 
 
 I say that this measure, with all due regard for the honesty, ingenuity, and ability 
 of the conferees who framed and ratified it, is entitled tij be characterized as a pre- 
 text and subterfuge; and if I do not characterize it as that, I will say, at least, that 
 in my hu;n1)le opinion it is but an echo and expression of the opinion of that great 
 Republican who has announced the Republican policy relative to all antilegislation 
 to be to "stand pat," do nothins. This substitute comes up to the full measure of 
 that policy. In that connection I beg leave to read a statement, and I consiiler it as 
 a semiofficial Administration statement. It comes from the Evening Star, and it is 
 about this Nelson substitute. 
 
 PUBLICITY FOK THE TRUSTS. 
 
 However, the chief interest in the action of the Commerce Committee is in the adoption of a sort 
 of ]>ublicity feature for all corporations except railroads. The opinion prevails that if this amend- 
 ment becomes law it will constitute about all the antitrust legislation which can be exj)e('led at this 
 session of Congress, besides the i>aragraph in the legislative, executive, and judicial bill. The text 
 of the section as perfected by the committee is as follows. 
 
LEGISLATIVE HISTOEY 649 
 
 Yon will note the Star sfayn sijiiiilicantly and somewhat authoritatively, "it will 
 constitute about all the antitrust legislation which can be expected at this Congress," 
 etc. 
 
 A "sort" of publicity! What does "sort" mean in the English language? Why, 
 it means a "feint," it means a pretense, it means a stagger at something that you say 
 you are going to ilo, but do n(jt intend to do. It implies under the most charital)le 
 construction a doubt as to whether the thing claimed is there. All on earth that 
 the friends claim for this substitute is a "sort" of publicity. It provides for no 
 penalties. 
 
 Now, Mr. Speaker, let ns go a little further in a fair and just analysis. I was glad, 
 a few days since, when I saw a solid vote, a remarkable spectacle in the House of 
 Representatives of the United States. The House — Republicans and Democrats — 
 gave a solid vote for a real, genuine antitrust act — the Littletield bill. I was glad 
 that a united and solid Democratic vote stood for that measure, liecause it relieves us 
 forever of the false and gnnindless charge that we are here simply as a party of 
 objection — a party of o))struction. We have come and joined hands with tlie Repul)- 
 licans, who, after months of labor an<l toil and after many consultations of their 
 ablest statesmen, reported the I>ittlelield bill, and said to them, we join you in this 
 measure to relieve our country of the evils of the trust. It is true that the bill did not 
 fully meet the requirements and demands of our side of the House, but it was a long 
 stejt in the right direction. 
 
 Take this Nelson substitute and compare it in the matter of publicity with the first 
 section of the Littlefield bill, which reads as follows: 
 
 That every corporation which may be hereafter organized shall, at the time of engaging in inter- 
 state or foreign commerce, tile the retnrn hereinafter jirovidefl for, and every eorpuratiiin, whenever 
 organized, and engaged in interstate or foreign cdmrneree shall tile a return with tlie Interstate Com- 
 meree Commi,ssion for the year ending December 31, whenever, and at sneh time, as re(|uested by 
 said Commission, stating its name, date of organization, where and when organized, giving statutes 
 imder which it is organized, and all amendments thereof; if consolidated, naming ciiustitnent com- 
 panies and where and when organized, with the same information as to such constituent companies, 
 .so far as applicable, as is herein required of such corporation; if reorganized, name of original corpo- 
 ration or corporations, with full reference to laws under which all the reorganizations have taken 
 place, with the same information as to all prior companies in the chain of reorganization, so far as 
 ap)ilical)Ie, as is herein required of such corporation: iimountof bonds issued and outstanding; amount 
 of authorized capital stock, shares into which it is divided, par value, whetherccjinmon or preferred, 
 and distinction between each; amount issued and outstanding; amount pai<l in; liow nnich, if any, 
 ])aid in casli, and how much, if any, in property; if any part in property, describing in detail the 
 kind, character, and location, with its cash market value at the time it was received in payment, 
 giving the elements upon which said market value is based, and especially whether in whole or in 
 part upon the capitalization of earnings, earning capacity, or economies, with the date and the cash 
 price paid therefor at its last sale; the name and address of each ofiicer, managing agent, and director; 
 a true and correct copy of its articles of incorporation; a full, true, and correct copy of any and all 
 rules, regulations, and'by-laws adopted for the management and control of its business and the direc- 
 tion of its officers, managing agents, and directors. Notliing herein contained shall be construed as 
 relieving any corporation from making, in addition to the foregoing, such returns as are now required 
 by the "Act "to regulate commerce," approved February 4, 1887, and all amendments thereof; but the 
 provisions of this act, as to signing and making oath to returns and making answers on oath to 
 w-ritten inquiries, shall be applicable to returns and such answers made under said act and amend- 
 ments thereof. 
 
 So far as any return may be a duplicate of one already filed, that fact may be stated, and the details, 
 which are in "such case diiplicates, need not be repeated. Upon its being made to appear to the satis- 
 faction of the Commission that without fault on its part it is impracticable for such corporation to 
 f\irnish any of the items aforesaid, it may, by a written order of said Commission, be excused from 
 furnishingsuch item or items. 
 
 Said Commission shall cause to be prepared a blank return for the use of such corporations, con- 
 taining the foregoing requirements, and shall make .such rules and regulations as may, in its judg- 
 ment, be necessary to carry out the purposes of this act. The president, treasurer, and a majority of 
 the directors of such corporation shall make oath in writing on said return that said return is true. 
 Tlie treasurer, or other officer of sucli corporation having the requisite knowledge, shall answer on 
 oatli all inquiries that may be made in writing on the direction of said Commission in relation to 
 said return. Any corporation failing to make such return, or whose treasurer or other officer shall 
 fail to make the answers aforesaid, maybe restrained, on the suit of the United States, from engaging 
 in interstate commerce until such return is made. Suit may be brought in any district of the United 
 States at the election of the Attorney-General. 
 
 I ask the members of this House and the country to compare this diluted dose of 
 antitrust legislation with sections 5, 6, 7, and 11 of the Littlefield bill which has some 
 gist in it. The comparison exposes what this substitute is. It pales into absolute 
 insignificance. Compare it with the eleventh section of the Littletield bill which 
 gives any injured citizen, regardless of the President of the country or anyone else, 
 the right to go into the courts and complain of the workings of these trusts. Tliese 
 sections are as follow's: 
 
 Sec. .5. That any person, carrier, lessee, trustee, receiver, officer, agent, or representative of a carrier, 
 subject to the aci; to regulate commerce, who, or which, shall offer, grant, give, solicit, accept, or 
 receive any rebate, concession, facilities, or service, in respect to the transportation of any property, 
 in interstati' or foreign commerce, by any common carrier subject to said act, whereby any such 
 jiropcrty shall, by any device whatever, be transported at a less rate than that named in the tariffs 
 I)ublisli'ed and filed by such carrier, as is required by .said act to regulate commerce, or shall receive 
 any advantage by way of facilities or service, shall be deemed guilty of a misdemeanor, and shall 
 upon conviction thereof be subject to a fine of not less than ffl,000. 
 
650 LEGISLATIVE HISTORY 
 
 Sec. 6. That no porporation engaged in the production, manufaeture, or sale of any article of com- 
 merce, violating any of the jirovisions of section 5 of this act, or attempting to monopolize or control 
 the piddiii-tioii, inanvifactnre, c>rsale thereof, in any iiarticnlar hicality, )iy discrimination in prices, 
 or by Kivins sjiccial i)rivileges or rebates or otlicrwise, in order to (Ustrny cunipftilidii tlierein, in 
 sucli localiiy, shall use, either directly or in<lirectly, any of tlie facilities or iiistniinenlalities of inter- 
 state coiniiicrce, or in any way engage in interstate commcree for the piu-pose of aiding (jr facilitat- 
 ing, either directly or indirectly, such prodnction, manufacture, or sale, with sucli iidciU; nor shall 
 any otlier i)erson or corjioration use any of tlu' facilities or instrumentalities of interstate commerce, 
 or in any way engage in interstate commerce, in buying, selling, or disposing of any such article of 
 commerce, for the jmrpose of enabling such lirsl-meiitioned corpcjratiun to engage or to continue to 
 engage in such prodnction, mantifacture, sale, or coidiol, witli such intent. Every corporation or 
 person violating the provisions of this section shall be punished, on conviction, by a tine of not less 
 than $500 and not exceeding $5,000. 
 
 Skc. 7. That any common carrier, lessee, trustee, receiver, or transportation company, engaged in 
 interstate CI immcrce, now subject to the provisions of said act to regulate commerce, knowingly trans- 
 porting any iirojierty produced, manufactured, or sold in violation of the jmnisions of this act, or in 
 violation of the provisions of "An act to i>rotcct tr.-idc and commerce against unlawful restraints and 
 monopolies," a|iproved .Inly 2, l.s90, in interstate commerce, shall be subject to a penalty of not less 
 than Sl.OUO, to be recovered by the Fnited States, in any court of the I'nited States having jurisdic- 
 tion thereof, whicli sint may be brought in any district in which sucli common carrier, lessee, trustee, 
 or receiver, or transportation com|>any has an office or conducts l;)usiness. 
 
 Sec. 8. That all prosecutions, hearings, and iiroceedings tnider the provisions of this act, and under 
 the provisiousof "Au act tojmitect trade ami comnierce against unlawful restraintsaud monopolies," 
 approved .Inly '2, 1.S90, whether civil or criminal, no iierson shall be excused from attending and testi- 
 fying, or froiii iir(.idncing books. ])apers, contracts, agrei'nients, and documents bc^fore the courts of 
 the Vnitcd Slates, or the commissioners thereof, or the Interstate Commerce Commission, or in obe- 
 dience to the snbp(ena of the same, on the ground, or for the reason, that the testimony or evidence, 
 documentary or otherwise, required of him, may tend to criminate him, or subject him (o a penalty 
 or forfcitiu-e; but no person shall be prosecuted or snbjectw.1 to any penalty or I'orfeitin-e for, or on 
 account of, any transaction, matter, or thing (H)nceruing which he may testify or prodiK'e evidence, 
 documentary or otherwise, before said courts, commissioners, or Commission, or in obedience to the 
 snbi>(cna of either of them, in any such case or procct'ding. 
 
 Testimony of wilni'sscs tuidcr the provisionsof the act to regulate interstate commerce and amend- 
 ments therei>f. and of this act, liefore said Commission, or any memljer thereof, shall be on oath, and 
 eitlier of the niemljcrs of .said Commission may administer oaths and attirmatiiius and sign sulipienas. 
 
 Sec. 11. That any person or cor]i(_iration injured in Imsiness or jiroperty, by any other person or cor- 
 poration, by reason of anything forbidden or declared to be unlawful by this act, may sue therefor 
 in any circuit court of the United States in the district in which the defendant or (lefendants reside 
 or are found, without respect to the amount in controversy, and shall recover threefold the damages 
 sustained and the costs of suit, including a reasonable attorney's fee. 
 
 Now, Mr. Speaker — 
 
 To gather such information and data as will enable the President of the United States to make 
 recommendations to ("ongress for legislation for the regulation of such commerce and to report such 
 data to the i'resi<lent when, from time to time, as he shall require — 
 
 and the information so obtained, or as much thereof as the President may direct, 
 shall be made public. I ask most solemnly, if anything is really contemplated by 
 this substitute, why not require the President to tiu'n over his information to his 
 Attorney-General and require him to act at once? The cloven foot shows itself here. 
 
 I appeal to the honest construction that any man will give to the ordinary English 
 language — what does that mean? "As much thereof as the President may direct 
 shall be made public." He can suppress all data, every scintillaof information. _He 
 can hold it secret and staitd pat and say and do nothing, and no law can move him. 
 Is that publicity? Do you propose to put into the hands of one man the autocratic 
 power to pass on the question that involves the great interests and welfare of all the 
 people? What wonderful power do you ]>lace in one man's hands. It can be used 
 in a most dangerous manner. Suppose Carroll 1). Wright, whose Department has 
 been transferred to the Department of Commerce and Labor, should ai)peal to the 
 President for data concerning the co.st of transportation and the cost of pn xlucing coal. 
 
 The Department of Labor has been transferred to the Department of Commerce 
 and Labor. It is under the supervision of the Secretary of that Department. It is a 
 part and parcel of this great new Department of Commerce that is to be established. 
 
 Yet, if Mr. Wright, the Commissioner of Labor, should seek such information 
 upon the vital matter of the costs of the transportation of coal in order to compare it 
 with cost of production, he would he told that he would have to look elsewhere for 
 his information, because the Nelson substitute "excepts common carriers" from its 
 provisions. Then, again, if Commissioner Wright went to work and undertook to 
 get up data and information, the President could forbid the publication "of the 
 information so obtained, or as much thereof as the President may direct," l)ecause 
 the Nelson sub.stitute in its relation to "An act to regulate connnerce" is limited by 
 the subject to tiie provisions thereof — tiiat is the Nelson measure. 
 
 The Labor De])artment has had the right to gather its own statistics. There it is 
 stibjected to the crucible of the will of tiie President. I say that autocratic power 
 placed in the hands of one man is against the spirit and policy of our free American 
 institutions. I say, Mr. Speaker, that is a power that ought to be put in the hands 
 of no man tmder our republican form of government. How do you or I know who is 
 to be President? It is freciuently said to me, "The President is honest and sincere." 
 1 am far above making anv criticism of liim. How do you know, how do I know, 
 
LEGISLATIVE HISTORY 651 
 
 lliMi llu' pix'sciit iiiciiiiiliciit will be the next rrcsidcMilof the UniU'd States^? We 
 an- not ieirislatiiij,' U>r any num. Snppose a irreat trnst ina^'iiate were t<> be made 
 Prei^ident nnd«'r the power of this law. What in \ estimation could follow? What 
 inquiries eouM be made? How helpless the eountry would be. 
 
 Why, Mr. Speaker, that latter elause, "or so much thereof as the President may 
 direct shall be made ]mblic," is not ])ublicity. Does any man contend that it is 
 publicity? Section (5 in the Department of Conunerce l)ill ]irovides that these matters 
 sl)onld be puldished without restraint. Jt reminds me of what is said down in my 
 section when a man wants to make a thin<,' absolutely secure and safe; he says it is 
 equal to a "stake and rider fence." That is dedned down in our country to 1)6 a 
 fence horse hi^h, bull strong, and pig tight; you can not get over it, nor inider it, 
 nor ar<inn<l it. 
 
 That last clau.>-e, "or so much thereof as the President may direct shall be made 
 public," is a stake and rider legal barrier or fence. [Laughter.] Suppose a man 
 goes there and wants to make a complaint before the President. It would simply 
 be a physical impossibility for the President to hear all the complaints that would 
 be made. Not only that, this Nelson substitute iirovides that the President shall 
 suggest the data that the C'onnnissioner of the P>ureau of Corporations is to collect, 
 and for fear he might collect some data that ought not to go to the public, the meas- 
 ure, as a matter of precaution, to jirevent accidents, says that "so much thereof as 
 the President sees proper shall be made jaiblic." 1 know that it is an ordinary pro- 
 vision to say that certain duties shall be under the control of the secretary of 
 a department. For tlie Secretarj' of the Interior to supervise the Director of 
 Census or the Secretary of Agriculture to supervise gathering of farm statistics is a 
 harmless provision. That is right; Init this authority put in the position it is here, 
 making barriers, is a different proi)osition. What are the barriers to investigation? 
 The Secretary of the Department of Commerce and Labor has first to have his say 
 at it. Next, the President may tell him what data he must get. Next, when the 
 President gets that data and information about these trusts in his hands, holding 
 them in the hollow of his hand, it is for him to say whether he will liublish them 
 or not. 
 
 There never was, in my judgment, in the history of this great Government of ours 
 such an autocratic power placed in the hands of one man, placed there on a subject 
 that concerns the welfare and the interests of all the people of this country. It can 
 be used as an engine of powder. I do not mean to say that it would be used with 
 reckless disregard of the rights of the i)eo])le for and in behalf of the trusts. We all 
 know that the President has repeatedly said that there are "good trusts and Ijad 
 trusts." Who should be the judge on such a question? It should not l)e one man. 
 It should be tiie law, under the rules and regulations prescribed for eliciting trutli. 
 This is a government of law. I have always believed that tlie least left to the dis- 
 cretion (jf a public official is the best law for the rights and interests of the people. 
 
 Why should the Littletield bill JVe doomed to a languishing death in place of this 
 Nelson substitute? That is the ques'tion that we have got to answer before the ijeople. 
 'Tis said that it will surely die. 
 
 I will refrain, Mr. Speaker, from entering into a discussion f)f the tariff (piestion. 
 Gentlemen have heard enough of such discussion alreadj'. I want to read something 
 that the distinguisheil Secretary of War, Mr. Koot, said in a si)eech to the Union 
 League at New York on the night of February 6. I read it, Mr. Speaker, with 
 much concern. It bears its signiticance when it comes from such a source: 
 
 Secretary Root congratulated the vetoran.s of tlie cIuIj upon having " woven a thread into fabric 
 of the great life of this country." 
 
 "There are," he added, "many problems foniing u]> f()-<lay on which the safety of this Government 
 depends. There are to-day .situations (if jidssiljle evils for oin- Cduntry that call for (h'voted jiatriot- 
 ism. First, division between the rich and the poor, luider which wealth controls legislation and 
 poverty is trying to .stir up a war of classes, but every good citizen should declare that never in this 
 free land shall we have a war of classes." 
 
 Ought not tlie great Secretary to have supplemented that statement by saying that 
 in order to prevent this dei)lorable warof classt'S we shouM undertakeby lawto curb 
 the greed of the trnst? That is wliat brought about this condition; it is what is 
 leading us to this prophesied war of classes. What has made the division between 
 the rich and the poor — made it so marked in our country in the past few years? 
 Wealth controls legislation, and it l>ehooves the Congress of the United States to 
 recognize these conditions. It l)ecomes us, as men who love the institutions of our 
 country, to see to it that the great power of wealth shall not be used against the 
 interests of the masses. No man has the right to denounce or imi^air the right of 
 every man to acquire honest wealth. It is w hat we all strive for. Let every man 
 liave an equal and fair chance in the race of life for the goods of this world. Let us 
 stand to, rechristen, and rededicate the great fundamental principles of oiu- republican 
 form of government, " equal rights to all and special privileges to none. " 
 
652 LEGISLATIVE HISTORY 
 
 Mr. Thayer. I should like to ask the gentleman a question. 
 
 Mr. Richardson, of Alabama. I will yield to the gentleman. 
 
 Mr. Thayer. I am not entirely conversant with the provisions of the act creating 
 the Interstate Commerce Commission. I notice that this bill in section 6 confers 
 upon the Bureau of Corporations, that is to he created, the same authority which is 
 conferred upon the Interstate Commerce Connnission relative to common carriers. 
 Now, my friend, in your opinion, if this Bureau should l)e appointed, would it have 
 authority to get the information which in our antitrust bill we have directed to be 
 obtained? For instance, could it inquire of a corporation whether it had had any 
 rel)ate, whether it had sold to one party at a lower price than to another, whether it 
 had overcapitalized? Could the inquiries he made to reach any of those important 
 matters? 
 
 Mr. Richardson, of Alabama. In answer to the gentleman from Massachusetts I 
 will say that if he will read tiie Nelson sul)stitute closely he will see that it says 
 "subject to the ])rovisions of this act," which, in my humble judgment, makes inap- 
 plical)le the provisions for the investigation of these trusts as is i)rovided l>y the act 
 to regulate commerce, and is one of the chief l)arriers that will stand in the way to 
 prevent such investigation. It was placed there, I think, just to accomplish that 
 purpose. 
 
 Mr. Mann. I hope the gentleman does not really believe that. 
 
 Mr. Richardson, of Alabama. Yes, I believe it; and if you will give me the time I 
 can demonstrate it. What power can the Interstate Commerce Commission have to 
 secure tliese returns if we make that Commission sul)ject to the provisions of the 
 Nelson substitute? This provision is, in my judgment, a carefully worded, well- 
 considered, artistically framed device for preventing the accomplishment of the very 
 thing that the people of this country are demanding to-day — the control and regula- 
 tion of the trust. 
 
 Mr. G aines, of Tennessee. Does the Nelson substitute apply to existing corporations? 
 
 Mr. Richardson, of Alabama. In regard to this Nelson substitute, let me say, as 
 was said by the distinguished gentleman from Indiana [INIr. Overstreet] the other 
 day, that to leave out the Interstate Commerce Commission from the Department of 
 Coinmerce would be like playing the great Shakespearean play without the character 
 of Handet. Yet this Nelson substitute, though pretending to regulate these trusts 
 and combinations and organizing a l)ureau of corporations, leaves out the railroad 
 corporations; it does not embrace them at all; an<l I say that a law which in thus 
 undertaking to regulate corporations leaves out the railroads does not only enact the 
 great play of Hamlet with the part of Hamlet omitted, but it puts upon the boards 
 a roaring farce. 
 
 ' Mr. Speaker, I am not an extreme advocate of what is known as tariff revision. 
 I would not of my ow'n free will disturb, nor do I believe that my party would dis- 
 turb, the interests or the business of our country in any improper way. . The peo]ile 
 of this country are conservative. They have felt the evils of the trust, and they 
 expect and are entitled to relief. The law that we may make here ought to meet 
 the demands to protect competition, which is the surest way and the strongest 
 instrumentality for l)reaking down and preventing monopoly. It should not only 
 do that, but it siiould reduce the tariff reasonably to a moderate revenue basis, and 
 t'Si^eciaily upon those products that are controlled by the trusts. It should protect 
 the small industries and cor]>orations of this country against unjust rivalry and 
 competition. Those are plain principles. It should prevent unjust and unlawful 
 capitalization. The law" should provide for reasonal)le publicity— such jmblicity as 
 would not stimulate or allow an inquisitorial investigation. We want reasonable, 
 just laws that apply to all alike. 
 
 The Speaker pro tempore (Mr. Dalzell). The time of the gentleman from Alabama 
 has expired. 
 
 Mr. Richardson, of Alabama. Mr. Speaker, I ask the gentleman from Iowa to 
 allow me five minutes more. 
 
 Mr. Hephurn. I yield to my colleague on the committee five minutes more. 
 
 Mr. Richardson, of Alabama. I am much obliged to the gentleman. 
 
 The Speaker pro tempore. The gentleman from Alabama is recognized for five 
 minutes. 
 
 Mr. Richardson, of Alabama. I say, too, Mr. Speaker, that the conservative senti- 
 ment which I have just enuj^ciated comes from Republicans — leading Republicans 
 of this country — as w^ell as from Democrats. I read the language of one such: 
 
 We Republicans of Iowa are all protectionists, hut we insist that the tariff imist be removed on 
 articles In which nionopolv has hwu i'stal)lislie<l. We call ujion CouKress to place lef,'islative(>listaclcs 
 in the way of the ten<len<'V of iiunleru coiuliiiiations lo destroy coinpetition. Competition is llu> luii- 
 damental law of industrialism, and we are not williuR to have the tariff used in throttliuK or 
 perpetuating it. 
 
LEGISLATIVE HISTORY fi53 
 
 Tliat conies from the distinjinished goveniorof Iowa — Governor Cnniniins. It is a 
 sentiment that jjervades all sections of our country. We must have genuine work — 
 no dodging behind the bush now. 
 
 I read again from the remarks of the distinguished Senator from Iowa [Mr. Dol- 
 
 liver] : 
 
 F(ir years wc liiivo lieon telling' the people that we would do something toward broadening trade 
 liy means ol" reeiproeity treaties. We ha\e hail the power in all hranehes of the (ioveriunent, but we 
 ha\e done nothing. The Repnblit-an party has got to stop a lot of its eonvensation or to lake up these 
 treaties and some of the tariff schedules and do .something toward xatisfjing expectations. The 
 l-tepnblican party on this question is like a ship with all sail set and anchor fast. It is time to take in 
 sail or pull in the anchor. 
 
 In common parlance, that means to "shoot, Luke, or give up the gun." You 
 have been aiming at the trusts long enough; fire now or give the Democrats the 
 gun. That is what it means in 1904, and if you adopt this homeopathic, diluted 
 concoction of the Nelson substitute the sentiments of Senator Dolliver, uttered in 
 iiis own State, will come ])ack to annoy you and harass you. Now, Mr. Speaker, as 
 I understand the parliamentary situation of this matter, it is that the conference 
 report will have to be voted down in order to reach this subdivision 6. I know 
 there is great difficulty in that. I know^ there are gentlemen on both sides of this 
 House who are interested in the establishinent of the Department of Commerce and 
 Labor which this bill proposes to establish. I have frankly given my views upon 
 the Nelson substitute. 
 
 I do not believe that anything good for, the people against the trusts can come out 
 of it. " I was anxious to have and requested a separate vote on this substitute. This 
 was declined or refused. I think that there is nothing whatever in it to alarm the 
 trusts, and I do not think they are alarmed. The Repul)lican party is responsible. 
 No one should be allowed hereafter to say to us that we obstructed or hindered any 
 legislation that promised or claimed to check the trusts. In that spirit I shall vote 
 for the conference report. Surely no man who is honest and sincere in advocating 
 the broad, conservative, legal, and just principles enunciated in the Littlefield bill 
 can say for a moment that this Nelson substitute ought in justice to take the place 
 of such a bill. If the Littlefield bill fails, then the people will answer in 1904. 
 
 ]Mr. Speaker, 1 ask unanimous consent for leave to extend my remarks in the 
 Record. 
 
 The Speaker pro tempore. The gentleman from Alabama asks unanimous consent 
 to extend his remarks in the Record. Is there objection? 
 
 There was no objection. 
 
 ^Ir. Hepbuen. Mr. Speaker, I yield five minutes to the gentleman from Texas 
 [3Ir. Ball]. 
 
 Mr. Ball, of Texas. Mr. Speaker, 
 
 Tlie four first acts already past, 
 A fifth shall close the drania with the day: 
 Time's rottcthst offspring is the last. 
 
 First. In the closing hours of the Fifty-sixth Congress the Republican party pre- 
 sented, as a means to destroy the trusts, a constitutional amendment to confer added 
 power upon Congress. The Democrats opposed that amendment, insisting that there 
 was ample constitutional power in the Congress of the LTnited States to destroy every 
 trust in the Union. The Republicans have receded from the position which they 
 took at that time, and the President and a Republican Attorney-General are now 
 agreed that Congress has the necessary power. 
 
 Second. We had in the closing hours of that Congress what was known as the 
 Littlefield bill, which was a measure calculated at least to seriously embarrass the 
 trusts. That went through this House with a whoop and died, because there were 
 but four days, as all the members of Congress knew, in which the Senate could con- 
 sider it, and it had been held back for that purpose. 
 
 Third. We had heralded in the newspapers during the past summer the fact tliat 
 the eminent gentleman from Maine [Mr. Littlefield] was preparing a "trust buster" 
 under the auspices and direction of the President of the United States, who had 
 l)romised "to shackle the cunning of the trusts." After consultation with the 
 powers that be the gentleman from Maine brought in a bill, and it was submitted in 
 this House, and in the language, forceful but true, of the gentleman from Illinois 
 [Mr. Cannon], when the committee brought that bill back they had "cut the dog's 
 tail off right behind the ears." 
 
 Fourth. We had the emasculated Littlefield l)ill, which was passed in this House 
 a few days ago with apparent seriousness and good faith, voted for by every member 
 upon both sides of the Chamber, although its authors knew and the members upon 
 that side of the House knew that it was not the intention of the Republican party 
 
654 LEGISLATIVE HISTORY 
 
 at this session or any future session of Congress that even as mild a bill as that should 
 become law or to pass any effective trust legislation. 
 
 Fifth. Mr. Speaker, we have hail trumpeted from the White House the fact that 
 the Administration has changed its programme; tliat it is now anxious to get through 
 what is known as the Nelson l)ill and tlie Elkins bill, which passed the Senate of the 
 United States without any discussion or consideration whatever; and the newspajiers 
 are pretending to say that the Standard Oil Company is sending in telegrams and 
 protests against the passage of these homeopathic doses to the trusts. 
 
 Mr. Speaker, I do not believe that John 1). Rockefeller has sent any message to 
 any Senator of the Unittid States, or anybody else, in opposition to these measures, 
 which are hardly equal to a dose of "soothing sirup," much less calculated to destriiy 
 the trusts. These bills are mere makeshifts, a hippodrome, to helj) get the Admin- 
 istration out of the hole into which its pretended trust-destroying efforts have placed 
 it. If the President is sincere he is powerless, because he finds behind him a subserv- 
 ient Repul)lican party which it not honest in its efforts to destroy the trusts. It is 
 now the purjiose of the Republican party to rush tlirough the Nelson and Islkins bills 
 to deceive the public and cover up tlie Administration's failure to get through legis- 
 lation projioseil by it and defeated by the trusts. Vote down this report, because if 
 you adopt it, and then the Elkins bill, tliere will l)e a flourish of trumpets that, over 
 the opposition of the Standard Oil and other trust concerns, the Administration has 
 secured trust legislation. 
 
 There is nothing in this amendment of any value wh;itever. It creates aBui-eau 
 of Corporations at a considerable expense to gather information for the President, who 
 makes public such as he sees proper. It is, in fact, no legislation whatever. When 
 passed the suppression of trusts will I)e as far off as ever. Vote down the conference 
 report and instruct the conferees to insist upon an amendment containing at least the 
 publicity features of the House bill passed a few days ago, which is being smothered 
 at the other end of the Capitol. In this way only will it be possible to have any leg- 
 islation of value passed at this session of Congress. [Applause.] 
 
 Mr. Hepburn. Mr. Speaker, I yield five or ten minutes to the gentleman from Illi- 
 nois [Mr. Mann], if he de.sires the time. 
 
 The Speaker pro tempore. The gentleman from Illinois is recognized for ten min- 
 utes. 
 
 Mr. Mann. I shall not use all the time that is allotted to me, Mr. Speaker, princi- 
 pally because my physical condition is such that I am not able to speak without great 
 effort. The purpose of the House in inserting in the bill the section for the Bureau 
 of Corporations is most fully justified by the Nelson amendment, which we have before 
 us in the conference report. I may say, in reply to the suggestions which have been 
 made by the gentleman from Alabama [Mr. Richardson] and the gentleman from 
 Texas [Mr. l»all] in reference to the so-called Nelson substitute, that the statements 
 made by them are not borne out by the wording of the sul)stitute; and I say, I\Ir. 
 Speaker, without (luestion, that the Nelson substitute confers a greater power upon the 
 Commissioner of C'orporations to make investigations of so-called trusts than has been 
 proposed in any other bill or in any other proposition brought before Congress. The 
 objection Avas made by one of the gentlemen interested in trust legislation that the 
 Nelson amendment was too drastic, that it went too far. 
 
 Mr. Speaker, it confers upon the Executive an absolute power to make comj)lete 
 investigation in reference to all i)hases, all conditions, all control of any corporation 
 engaged in interstate conunerce which the Secretary' may desire to have investigated. 
 That information and that investigation are i)ublic. It is true that the Nelson amend- 
 ment does not propose to punish violations of any law which we create. The Nelson 
 amendment proposes investigation in order to ol)tain information. I am not sur- 
 prised, Mr. Speaker, that the other side of this House, which has always talked for 
 trust legislation, now when it comes to the point where we can actually enact legis- 
 lation, draws back afraid to put upon the statute books any legislation upon the sub- 
 ject. So long, Mr. Speaker, as the House is engaged in passing a l)ill, the gentlemen 
 on ^he other side urge it. While the Senate is engaged in passing another l)ill, the 
 gentlemen on the other side urge it; but when it comes to having the House and the 
 Senate join in passing the same bill, and the question is presented to the gentlemen, 
 they hesitate and gag. 
 
 Mr. Thayer. Mr. Speaker 
 
 The Speaker pro temjiore. Does the gentleman from Illinois yield to the gentle- 
 man from Massachusetts? 
 
 Mr. Mann. Yes. 
 
 ^Ir. TiiavI':r. I should like to ask the gentleman the question that I asked the gen- 
 tleman from Alabama. Do you l)elieve tiiat if this bill passes you could, under the 
 ])rovisioiis of seclioii (i, conqiel any otiicer of any corixii'ation to I'eveal wiiat i.-i 
 demanded of him in the antitrust bill, namely, whether they are overcapitalized; 
 
LEGISLATIVE HISTORY 655 
 
 rebates, whetlier tliey have paid or received any; and the inaiiucr of the con luct of 
 their l)usines8? 
 
 Mr. jNIann. ]\Ir. Speaker, I liave hardly any l)eHef on that. It is so plain that I 
 think 1 may say I know if Congress has the constitntional anthority under any cir- 
 cumstanees to ask these questions of a corporation, that authority is conferred to the 
 fullest extent by this bill upon the Commissioner of Corporations, and all the power 
 Congress can confer upon anyone to make investigations of corporations is conferred 
 ui)on the Commissioner of Corporations by the Nelson amendment. 
 
 Mr. Thayer. One question further. 
 
 Mr. Manx. Certainly. 
 
 Mr. Thayer. The only authority conferred in this l)ill is the authority that is con- 
 ferred in the Interstate Commerce Commission in dealing with railroads and com- 
 mon carriers. Is there any provision in the statute to which this refers to compel a 
 cori)oration to reveal the conditions I have stated? 
 
 Mr. Maxn. Oh, well, the gentleman knows that the authoritj' conferred upon the 
 Connnissioner of Corporations, in reference to these corporations, is that conferred 
 upon the Interstate Commerce Commissioners now in reference to railway corpora- 
 tions. The authority is full and complete. The authority in the interstate-com- 
 merce act covers the question which the gentleman has asked about, and tlie author- 
 ity conferred upon the Interstate Commerce Commissioners is absolutely as full as 
 can l)e conferi-ed l)y language. 
 
 ■Mr. Thayer. Why did they not put it in, then, in the same language as the lan- 
 guage in the antitrust bill, so that something definite and substantial could be 
 discerned? 
 
 Mr. Mann. Well, if the gentleman will notice, the antitrust bill refers to certain 
 provisions in the act to regulate commerce. It never has been the custom of anybody 
 to copy all of these provisions over again. The gentleman laughs and shakes his 
 head. Perhaps he has not read the bill. 
 
 Mr. Thayer. O, yes, I have. 
 
 Mr. Mann. Perhaps the gentleman has not read the law. If he has read the law, 
 then I suspect that he knows that the question he asks is answered completely by 
 the law. The authority conferred upon the Commissioner liy the Nelson amendment 
 is definite and certain. He will possess all the power which Congress has as to mak- 
 ing investigations of corporations. The manner and method of exercising that power 
 are now indicated by the interstate-commerce act. The language we have used is 
 plain and unambiguous. 
 
 Mr. Robinson, of Indiana. Mr. Speaker, may I not ask the gentleman in the interest 
 of fairness to withdraw the statement he made against the Democratic side of the 
 House upon this subject of trust legislation in view of the record of hypocrisy made 
 by the other side in the Fifty-sixth Congress. 
 
 Mr. Mann. Well, Mr. Speaker, whenever I withdraw any statement made in refer- 
 ence to mj' friends on the other Bde on the basis of the truth of their claim of 
 hypocrisy on this side I hope I may land in a lower and not an upper world. 
 [Laughter.] We all have become used to the argument that is made ])y gentlemen 
 on the other side, which simply is abuse. I never heard one of you make a speech 
 upon the floor of this House in reference to trust legislation that did not denounce 
 the Republicans as a band of robbers and thieves. 
 
 Mr. Fleming. You have not been in your seat all the time, then. 
 
 Mr. Mann. I am glad to except the gentleman from Georgia, who is always fair 
 and courteous in his language; and there are other exceptions, I am glad to say. 
 
 But your speakers usually say that the Repuljlicans are a band of robbers and 
 thieves. They say we act at the behest of the trusts. And yet I do not know a 
 gentleman on that side of the aisle who believes it. There is no gentleman on that 
 side who Ijelieves gentlemen on this side of the aisle are not actuated by purposes as 
 honest, as noble, as truthful as theirs; and I would not claim that gentlemen on the 
 Democratic side of the House are not earnest and sincere in their work against the 
 trusts. They are now only seeking political capital. We are responsible for what 
 we do; they are not held responsible for what they say. Mr. Speaker, I yield back 
 the l)alance of my time to the gentleman from Iowa. 
 
 Mr. Smith, of Kentucky. May I ask the gentleman a question before he sits down? 
 
 Mr. Mann. Well, if it is a question in reference to the bill, I will take time to 
 answer it; if it is a mere political question 
 
 Mr. Smith, of Kentucky. I would like to know if the gentleman has ever seen me 
 ask any other question since my service in this House? 
 
 Mr. jNIanx. I think that is true. The gentleman is sincere. 
 
 ]\Ir. Smith, of Kentucky. What I want to know is if the gentleman does not think 
 it would havel)een better to have required the Comoiissioner of Corporations to lay 
 his report l)efore Congress rather than before the President; because it is not so 
 
656 LEGISLATIVE HISTOEY 
 
 important, as I view the matter, that the President should be enabled to make 
 recommendations as that Congress should be enabled to enact some intelligent effec- 
 tive legislation. 
 
 Mr. Mann. I would call the gentleman's attention to the fact that the Commis- 
 sioner of Corporations is under the Department of Commerce and Lalwr, which has 
 a Secretarj', and the Secretary is required to make an annual report, which of course 
 means that the statement that tlie Commissioner of Corporations makes in his report 
 to the Secretary would be included as a part of his report. 
 
 Mr. Smith, of Kentucky. In that same connection I apprehend that this provi- 
 sion of the amendment which says it shall lie in the discretion of the President as to 
 what shall be made public of these reports woul<l preclude the Connnissioner from 
 laying before Congress what the official report developed in his investigation. 
 
 The Speaker pro tempore. The time of the gentleman has expired. 
 
 Mr. Mann. I wish I had time; I think I could exjilain that to the gentleman's 
 satisfaction. 
 
 Mr. Hepburn. I yield four minutes to the gentleman from Georgia, a member of 
 the committee. 
 
 Mr. Adamson. Mr. Speaker, I do not like to appear in antagonism to my distin- 
 guished friend on the committee, the gentleman from Alabama, who was one of the 
 managers on the part of the House. However, I do not desire that any vote that I 
 may cast shall be construed into an indication of lack of knowledge that the provi- 
 sion discussed by the gentleman from Alabama, known as the Nelson subyli'.ute, is 
 a delusion and a snare, a hollow mockery, thinner than thin air, weaker than water, 
 the meanest siiam, the most contemptible fraud and false i)retense, because it seeks 
 to deceive constituents who send members here. 
 
 But we are put upon notice, at least by the newspapers, which everybody knows 
 are always truthful, that this is the only antitrust measure that the "trust busters" 
 are going to permit to i)ass at all. 1 do not propose to go before the country in the 
 attitude of opposing the only antitrust legislation that we are served with notice can 
 be enacted. I shall not oppose the report of the managers on the part of the House 
 on that account. I know the managers on the part of the House have been diligent 
 and patient. I know something of the difficulties they encountered. I accept their 
 re])ort as the best that can be secured under the circumstances, and shall contribute 
 witli great pleasure to creating the Department of Commerce and Labor by voting 
 for the adoption of this report. [Applause.] 
 
 Mr. Hepburn. Mr. Speaker, I n^ove the adoption of the conference report, and 
 on that demand the previous question. 
 
 Mr. Bartlett. May I ask the gentleman one question before he demands the pre- 
 vious question? 
 
 The Speaker pro tempore. Does the- gentleman yield? 
 
 Mr. Hepburn. I yield for a question. 
 
 Mr. Bartlett. I desire to ask the gentlemen if this report — and I have read it 
 very carefully — in reference to insurance companies does anything more than to 
 authorize the Commissioner to gather statistics in reference to insurance companies? 
 
 Mr. Hepburn. Nothing in the world, so far as I understand. 
 
 Mr. Bartlett. Then tiiere is nothing in this measure that contravenes the votes 
 of the House on that sul)ject. 
 
 I\Ir. Hepburn. All I mean to say is this, that it simply authorizes information 
 being secured. Now, Mr. Speaker, I- demand the previous question. 
 
 Mr. Richardson, of Tennessee. Will the gentleman allow me to ask him a ques- 
 tion? I do not want to debate. 
 
 Mr. Hepburn. I prefer not to yield. 
 
 The Speaker pro tempore. The gentleman declines to yield. 
 
 Mr. Richardson, of Tennessee. Does the gentleman decline to yield for a question? 
 
 JNIr. Hepburn. Yes, sir. 
 
 The Speaker pro tempore. The gentleman from Iowa asks for the previous ques- 
 tion on agreeing to the conference report. 
 
 The question was taken; and the previous question was ordered. 
 
 The Speaker pro tempore. The (juestion is on agreeing to the conference rejiort. 
 
 Mr. Hepburn. On that question, Mr. Speaker, I ask for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and there were — yeas 252, nays 10, answered "present" 
 4, not voting 85; as follows: 
 
 Yeas: Adams, Adamson, Alexander, Allen of Kentucky, Allen of Maine, Aplin, 
 Bankhead, Barney, Bartholdt, Bartlett, Bates, Beidler, Bell, Bellamy, Billmeyer, 
 Blakeney, Boreing, Boutell, Bowersock, Bowie, Brandegee, Brantley, Breazeale, 
 Brick, Bromwell, Brown, Brownlow, Brundidge, Burgess, Burke of South Dakota, 
 Burkett, Burleigh, Burleson, Burton, Butler of Missouri, Butler of Pennsylvania, 
 
LEGISLATIVE HISTORY 657 
 
 Caldorlu'ail, Caldwell, Candler, Cannon, Ca]iron, Cassel, Cassingham, Clark, Clayton, 
 Conner, Coombs, Cooj>er of Texass, Cooper of Wisconsin, Corliss, Cowherd, Creamer, 
 Cromer, Crumpacker, Currier, Curtis, Cushman, Dalzell, Darragh, Dave\' of Louisiana, 
 Davidson, Davis of Florida, Deemer, Dick, Dinsmore, Dougherty, Douglas, Dovener, 
 Draj^er, P]ddy, Emerson, Esch, Evans, Feely, Finley, Fitzgerald, Flanagan, Fletcher, 
 Flood, Foeriierer, Fordney, Foster of Vermont, Fox, Gaines of Tennessee, (Jainesof 
 West Virginia, (iardner of Massachusetts, Gardner of Michigan, Gardner of New 
 Jersey, Gibson, Gilbert, Gill, Gillett of Massachusetts, Glass, Gooch, Gordon, Graff, 
 Ciraham, Green of rennsylvania, Greene of IVIassachusetts, (iriffith, Griggs, Grosvenor, 
 (irow, Hamilton, Hanbury, Haugen, Heatwole, Hedge, Hemenway, Henry of Con- 
 necticut, Henry of Mississi]ipi, Henry of Texas, Hepburn, Hilde])rant, Hill, Hitt, 
 Hooker, Howard, Hughes, Hull, Irwin, Jackson of Maryland, Jenkins, Johnson, Jones 
 of Washington, Joy, Kahn, Kehoe, Kern, Kiel »erg, Knapp, Kyle, Lacey, Lamb, Landis, 
 Latimer, Lawrence, Lessler, Lever, Lev.is of Georgia, Littauer, Livingston, Lloyd, 
 Long, Loverinji', McAndrews, McCleary, INlcCulloch, iNlcDermott. McLachlan, McLain, 
 INIcKae, Maddox, Mahon, Mann, INIarsliall, Martin, Metcalf, Mickey, Miller, ftlinor, 
 Mondell, bloody. Moon, Morgan, Morrell, Morris, Mudd, Mutchler, Needham, 
 Norton, Olmsted, Otjen, Overstreet, Padgett, Palmer, Parker, Patterson of Pensyl- 
 vania, Patterson of Tennessee, Payne, Pearre, Perkins, Pou, Powers of Maine, Powers 
 of INIassachusetts, Randell of Texas, Reeder, Reeves, Rhea, Richardson of Alal^ama, 
 Richardson of Tennessee, Rixey, Robb, Roberts, Robinson of Indiana, Rucker, 
 Russell, Ryan, Schirm, Scott, Shallenberger, Shattuc, Shelden, Shepjmrd, Sherman, 
 Showalter, Sibley, Sims, Skiles, Slayden, Smith of Illinois, Smith of Iowa, Smith of 
 Kentucky, H. C. Smith, Snodgrass, Snook, Southard, Sperry, Spight, Stark, Steele, 
 Stephens of Texas, Stevens of Minnesota, Stewart of New Jersey, Stewart of New 
 York, Storm, Sulloway, Sulzer, Talbert, Tate, Tawiiey, Tayler of Ohio, Taylor of 
 Alabama, Thayer, Thomas of Iowa, Thompson, Underwood, Van Voorhis, Wanger, 
 Warner, Warnock, Watson, Weeks, Wheeler, White, Wiley, Williams of Illinois, 
 Williams of Mississippi, Woods, Wright, Young, and Zeuor. 
 
 Nays: Ball of Texas, De Armond, Fleming, Lester, Little, Littlefield, Reid, Rob- 
 ertson of Louisiana, Shackleford, and Vandiver. 
 
 Answered "present:" Dayton, Haskins, Hopkins, and McClellan. 
 
 Not voting: Acheson, Babcock, Ball of Delaware, Belmont, Benton, Bingham, 
 Bishop, Blackburn, Bristow, Broussard, Bull, Burk of Pennsylvania, Burnett, Coch- 
 ran, Connell, Conry, Cooney, Cousins, Crowley, Dahle, DriscoU, Dwight, Edwards, 
 Elliott, Foss, Foster of Illinois, Fowler, Gillet of New York, Glenn, Goldfogle, Hay, 
 Holliday, Howell, Jack, Jackson of Kansas, Jett, Jones of Virginia, Ketcham, Claude 
 Kitchin, William W. Kitchin, Kluttz, Knox, Lassiter, Lewis of Pennsylvania, Lind- 
 say, Loud, Loudenslager, McCall, Mahoney, Maynard, Mercer, Meyer of Louisiana, 
 Miers of Indiana, Moss, Naj^hen, Neville, Nevin, Newlands, Pierce, Prince, Pugsley, 
 Ransdell of Louisiana, Robinson of Nebraska, Ruppert, Scarborough, Selby, Shaf- 
 roth. Small, S. W. Smith, Wm. 4-l<len Smith, Southwick, Sparkman, Suther- 
 land, Swann, Swanson, Thomas of North Carolina, Tirrell, Tompkins of New York. 
 Tompkins of Ohio, Trimble, Vreeland, Wachter, Wadsworth, Wilson, and Wooten. 
 
 So the conference report was agreed to. 
 
 The following pairs were announced: 
 
 For the session : 
 
 INIr. Dayton with Mr. Meyer, of Louisiana. 
 
 Mr. McCall with Mr. McClellan. 
 
 Until further notice: 
 
 Mr. Tirrell with Mr. Conry. 
 
 Mr. Driscoll with Mr. Scarborough. 
 
 Mr. Ball, of Delaware, with Mr. Ransdell, of Louisiana. 
 
 Mr. Bingham with Mr. Elliott. 
 
 Mr. Hoi)kins with Mr. Swanson. 
 
 Mr. Jack with Mr. Robinson, of Nebraska. 
 
 Mr. Haskins with Mr. Fox. 
 
 Mr. Vreeland with Mr. Wilson. 
 
 For one week : 
 
 Mr. Acheson with Mr. Sparkman. 
 
 For the day: 
 
 Mr. Samuel W. Smith with Mr. Kluttz. 
 
 Mr. Connell with Mr. Shafroth. 
 
 Mr. Gillet, of New York, with Mr. Jett. 
 
 Mr. William Alden Smith with Mr. Belmont. 
 
 Mr. ]\Iercer with Mr. Newlands. 
 
 Mr. Cousins with Mr. Hay. 
 
 27628—04 42 
 
658 LEGISLATIVE HISTORY 
 
 Mr. Southwick with Mr. Ruppert. 
 Mr. Tompkins, of New York, with Mr. Lindsay. 
 Mr. Tompkins, of Ohio, with Mr. Edwards. 
 Mr. Sutherland with Mr. Pugsley. 
 Mr. Moss with Mr. Neville. 
 Mr. Nevin with Mr. Mahoney. 
 Mr. Wadsworth with Mr. Jackson, of Kansas. 
 Mr. Prince with Mr. Jones, of Virginia. 
 Mr. Loudenslager with ]Mr. Naphen. 
 Mr. Lewis, of Pennsylvania, with Mr. Glenn. 
 Mr. Knox with Mr. Claude Kitchin. 
 Mr. Ketcham with Mr. William \V. Kitchin. 
 Mr. Howell with Mr. Goldfogle. 
 Mr. Foss with Mr. Foster, of Illinois. 
 Mr. Dahle with Mr. Cooney. 
 Mr. Bull with Mr. Crowley. 
 Mr. "Wachter with Mr. Wooten. 
 Mr. Bishop with Mr. Maynard. 
 Mr. Blackburn with Mr. Cochran. 
 Mr. Babcock with Mr. Pierce. 
 Mr. Burk, of Pennsylvania, with Mr. Burnett. 
 Mr. Miller with Mr. Small. 
 For the vote: 
 
 Mr. Loud with Mr. Trimble. 
 Mr. Holliday with Mr. Broussard. 
 Mr. Fowler with Mr. Benton. 
 Mr. Bristow with Mr. Miers, of Indiana. 
 Mr. Dwight with Mr. Thomas, of North Carolina. 
 The result of the vote was then announced 'as above recorded. 
 
 On motion of Mr. Hepburn, a motion to reconsider the vote wherel)y the confer- 
 ence report was agreed to was laid on the table. 
 
 On February 11, 1903, Senator Hanna called up the conference 
 report on S. 669, and it was agreed to by the Senate. On February 
 13, 1903, the Speaker announced his signature to enrolled bill S. 569; 
 a message from the House announced this fact to the Senate; the bill 
 was thereupon signed by the President pro tempore of the Senate. 
 The following day, February 14, 1903, a message from the President 
 of the United States, b}^ one of his secretaries, announced that he had 
 approved and signed the act (S. 569) to establish the Department of 
 Commerce and Labor. 
 
 [The form in which Senate No. 569 became a law is given on page 
 25 et seq. of this volume.] 
 
ALPHABETICAL INDEX 
 
 A 
 
 Page 
 
 Abandonment of seaman 245 
 
 Accidents, investijJcatioM of niarine 132 
 
 Accomniodations, on steamer and vessel 140, 167 
 
 on Mississippi Eiver 147 
 
 Accounts, Auditor for State and other Departments to audit 25 
 
 Adams, President J. Q., recommends reorejanization of Executive Depart- 
 ments - 10 
 
 Adamson, Mr. , speecli on Senate 1 )ill 569 568 
 
 Admeasurement. See Measurement. 
 
 Advance payment on contracts of Light-House Board prohil)ited 70 
 
 wages of seaman 204 
 
 Advertisement of contracts of Light-House Board 70 
 
 Agent, C'liinese immigration 399 
 
 oatli of, on issue of enrollment or license of vessel ^ 183 
 
 registry of vessel 172, 173, 175 
 
 of salmon fisheries 48 
 
 seal fisheries 46 
 
 Agreement of seaman. See Shipi^ing Articles. 
 
 Agriculture, census schedules of i 87 
 
 department of, established 11, 424 
 
 Aids to navigation. See Light-House Board. 
 
 Alaska, census of 88 
 
 coasting trade with 236 
 
 Commercial Company, seal contracts of 45 
 
 establishment of subports in .368 
 
 fisheries of 35-48 
 
 transferred to Department of Commerce and Labor 28 
 
 governor of, to report on seal fisheries 47 
 
 license charges on wharves 316 
 
 lights in 77 
 
 manifest in trade with 255 
 
 penalty for violation of fishery laws of {see also Penalty ) 48 
 
 return of destitute seaman from 208 
 
 salmon agents 48 
 
 seal agents 46 
 
 fisheries 38 
 
 trade with 316 
 
 transfer of cargo in 298 
 
 Albany, N. Y. , merchandise destined for 277 
 
 Alien may own steamboat on river or bay 160 
 
 naturalization of, as seaman 189 
 
 prohibited from ownership in vessel of United States 171 
 
 record of American-built vessel owned by 185 
 
 sale of vessel to 178 
 
 659 
 
060 ALPHABETICAL INDEX 
 
 Page 
 
 Alien, Secretary of Commerce and Labor can deport 389 
 
 temporary services as officer of vessel 188 
 
 tonnage taxes 23o 
 
 transit of, through United States 382 
 
 See also Immigration. 
 
 Allison, Mr. , speech on Senate l)ill 569 46S, 483 
 
 Allotment of -wages of seaman 204 
 
 Alteration of marine documents, fraudulent 188 
 
 Alton, 111. , merchandise destined for 278 
 
 Amendments to Senate bill 569, debate on. 434 
 
 American seaman. See Seaman. 
 vessel. See Vessel. 
 
 Anarchists, n<jt permitted to enter or l)e naturalized 383, .393 
 
 Anchor, inspection of 122 
 
 Anchorage grounds 316 
 
 Annapolis Convention 7, 8 
 
 Antiscorbutics 226 
 
 Appeal from l)oard of special inquirj-, immigration ,391 
 
 in immigration cases, including Chinese .391, 395 
 
 to Supervising Steamboat Inspectors 132 
 
 United States Supreme Court, Bureau of Corporations 55 
 
 Appendix to certificate of registry of vessel 1 70 
 
 Appraisement of seized articles under customs laws 261 
 
 Apprentice 190 
 
 forms of account of 217 
 
 to pilot or engineer 131 
 
 Appropriations, duration of 69 
 
 for Department of Commerce and Labor 31 
 
 transferred 33 
 
 xinexpended 25 
 
 Arbitration ) )efore shipping commissioner 207 
 
 Board of, proposed 17 
 
 See aho Mediation. 
 
 Arms and ammunition, exjjort of 221 
 
 Arming vessels illegal 319 
 
 Articles of agreement, f orni of, for seaman 215 
 
 award, seal fisheries 39 
 
 shipping, of seaman 190 
 
 Assistance by United States vessels 220 
 
 Assistant Secretary of Commerce and Labor, law autliorizing 25 
 
 location of office 23 
 
 salary of, appropriated 31 
 
 steamboat inspectors 120 
 
 Assisted immigrant prohibited - 384, 409 
 
 Astoria, Oreg. , clearance from 280 
 
 Attaches, Commercial, proposed 20 
 
 Attorney-General, extracts from opinions of, bearing on Department of Com- 
 merce and Labor 34 
 
 in Cabinet 8 
 
 opinion of, as to title before purchase of land 72 
 
 Auditor for State and otlier Dejiartments to receive accounts of Department of 
 
 Commerce and Labor 25 
 
 Augusta, Ga., merchandise destined for 277 
 
alphabetic; AL INDEX 661 
 
 Page 
 
 Automobiles, transportation of, on steam vessels 1 37 
 
 Awards, law enforoinj>' seal 41 
 
 B 
 
 Bacon, Mr. , speeeh on Senate bill 5()9 493 
 
 Bag-g-age, searcli of, customs laws i 260 
 
 Baker, Mr. , 1 )ills introduced by 13, 20 
 
 Ball, Mr. , speech on Senate bill 5()9 653 
 
 Barbour, Mr. , mentioned in debate 553 
 
 Barge, not documented 161 
 
 passenger, requirements of 142 
 
 Barham, Mr. , bills introduced l)y 20, 21 
 
 Barrett, Mr. , bills introduced by 19 
 
 Bayport, Fla. , merchandise destined for 277 
 
 Beam ( )f vessel, breadth of 163 
 
 Belford, Mr. , bill introduced ]>y - 18 
 
 Bell pulls 139 
 
 Bergen County, N. J. , vessels may be documented at Jersey City 184 
 
 Bering Sea, seal fisheries of 44 
 
 Berth on immigrant vessel 290 
 
 Bertillion system of measuring immigrants and Chinese 396 
 
 Berwick, Me. , merchandise destined for 280 
 
 Bibliography of organic laws 24 
 
 proposed legislation 1 3-21 
 
 Biery, Mr. , bill introduced by 13 
 
 Bill, anticipating Bureau of Corporations 19, 608 
 
 of lading 230,231 
 
 sale of vessel 176 
 
 Senate 569, history of {see also Senate) 419 
 
 Birth to 1)e entered in log book 227 
 
 Births anil deaths, census 84 
 
 Blair, Mr. , bill introduced by 15 
 
 Blanks for customs officers :i 375 
 
 Board of local steamboat inspectors 118, 121 
 
 special inquiry, Immigration Service 385, 390 
 
 Boarding of vessel 259, 293 
 
 officer, defense of, when sued 261 
 
 Boat on internal waters not documented 161 
 
 Boilers, inspection of, on steam vessels 122 
 
 Bond, for armed vessel 319 
 
 general libel 232 
 
 master's, amount of 270 
 
 of alien owner of steam vessel IKO 
 
 inspector of steam vessels 134 
 
 lessees of sealing privileges 45 
 
 shipping conunissioner 157 
 
 on behalf of aliens 391 
 
 delivery of imported merchandise in coasting trade 272 
 
 registry ;.. 179 
 
 suits on 271 
 
 Bonded warehouses, list of ports with 368 
 
 Books and stationery, appropriation for 32 
 
 Bottomry, lien by 177 
 
662 ALPHABETICAL INDEX 
 
 Page 
 
 Brazil, mail steamers of 234 
 
 Breach, of duty, seaman's 214 
 
 Breadth of vessel, liow determined 163 
 
 Breckenridge, Mr. , bill introduced by 17 
 
 Bridges over rivers, lights on 75 
 
 British North America, merchandise destined for 302 
 
 officers, right of, to arrest sealers 43 
 
 Brownlow, Mr. , bills introduced by 19, 21 
 
 Brownsville, Tex. , merchandise destined for 280 
 
 Build of vessel, change of , 1 76 
 
 Builder's certificate, vessels 171 
 
 Exchange building, quarters in 22, 23, 34 
 
 Building for Department, estimate for 659 
 
 mentioned in debate , 471 
 
 Bulk cargo 270 
 
 Bulkheads, water-tight 141 
 
 Bulletin of Bureau of Labor 64 
 
 Bullion, export of 255 
 
 Buoys and lights 74 
 
 method of marking 75 
 
 Bureau. See Name of. 
 
 Bureaus transferred to Department of Commerce and Labor, in H. Report 538 
 
 Burlington, Iowa, merchandise destined for 278 
 
 Butterworth, Mr. , bill introduced by 17 
 
 C 
 
 Cabinet, institution of 8 
 
 first four members of 8 
 
 fifth member of 9 
 
 sixth member of 9 
 
 seventh member of 10 
 
 eighth member of 11 
 
 ninth member of 12 
 
 Cable, inspection of ship's 122 
 
 Cairo, 111. , merchandise destined for 278 
 
 Camden, N. J. , enrollment and license of vessels at 184 
 
 Cameron, Mr. , 1 )ill introduced by 14 
 
 Caminetti, Mr. , bill introduced by 18 
 
 Campbell, Mr. , bill introduced by 14 
 
 Canada, canal boat in trade with, to be documented 161 
 
 citizens of, exempt from head tax 382 
 
 commerce with 296 
 
 discrimination on canals of 248 
 
 engagement of seamen in trade with 196 
 
 imnngrants from 392 
 
 vessel with products of, may be permitted to lade or unlade in 
 
 United States i 303 
 
 wrecking vesisel of, in American waters 313 
 
 Oanal boat, lights on 337 
 
 steam, to be inspected 124 
 
 vessel employed on, not to be documented 161 
 
 Cancellation of register or license of vessel 179, 182 
 
 Cargo. See Merchandise. 
 
ALPHABETICAL INDEX 668 
 
 Page 
 
 Carpenter's certificate as to vessel 171 
 
 Cassidy , Mr. , bill introduced l)j' 15 
 
 Cattle < in inunigrant ship 293 
 
 Census, Bureau of the 78-96 
 
 ajjpropi'iations for 94, 95 
 
 cotton statistics of .• 84 
 
 debate on transfer of 438, 440, 449, 458, 460-491 
 
 location of 23 
 
 penalty, see Penalty. 
 
 soldiers and their widows, appointment in 83 
 
 special agents of 84 
 
 States to cooperate with, to secure vital statistics 96 
 
 transferred to Department of Commerce and Labor 26 
 
 Director of the 82 
 
 information from other Departments 94 
 
 interpreter 91 
 
 of Alaska and Hawaiian Islands 88 
 
 births and deaths 84 
 
 cities 83 
 
 Philippines 86 
 
 Office, See Census, Bureau of the. 
 
 transfer of records of 95 
 
 Ceremonies of organization of Department of Commerce and Labor 22-24 
 
 Certificate of Chinese V. 397,400,401,404,407,409 
 
 citizenship of seaman 189 
 
 inspection of steam vessel 123 
 
 m.arine pajaers _ 183 
 
 measurement of vessel 163 
 
 number of i^assengers allowed ' 135 
 
 record of vessel 185 
 
 registry of vessel 173-176 
 
 appendix to 170 
 
 cancellation of 179 
 
 custody and surrender of 175 
 
 lossof 178 
 
 particulars of 163 
 
 penalty for failure to deliver 179 
 
 Certification to documents by custoins officer 183 
 
 Champlain, Lake, trade on 281, 302 
 
 Change of build of vessel 176 
 
 master of vessel 176, 183 
 
 name of vessel 162, 186 
 
 owner of vessel 176, 183 
 
 trade of vessel 179 
 
 Charts of coast, disposition of 101 
 
 Chesapeake City, Md. , vessel documented at 184 
 
 Chicago Harbor, anchorage grounds 317 
 
 Chief clerk. Bureau of Corporations 27, 32 
 
 Fisheries 153 
 
 Immigration 394 
 
 Labor 61 
 
 Statistics 113 
 
 the Census 82 
 
 Department of Commerce and Labor 23, 25, 32 
 
664 ALPHABETICAL INDEX 
 
 Page 
 
 Chief clerk, Light-House Board 79 
 
 Steamboat-Inspection Service 148 
 
 of Bureau of Manufactures 59 
 
 Statistics 106 
 
 Chinese, agent 399 
 
 appeal in exclusion case 395 
 
 assisting immigration of 409 
 
 attending expositions 399 
 
 certificate of identification of 397, 400, 401, 404, 407, 409 
 
 citizenship denied to 409 
 
 convention 396 
 
 defined 409 
 
 deportation of 400,406,409 
 
 excluded 396,399,406 
 
 exclusion from Hawaii, Porto Rico, and Philippines 399, 400, 410 
 
 United States via Hawaii 410 
 
 law 396 
 
 administration of, transferred to Department of Com- 
 merce and Labor 29 
 
 Commissioner-General of Immigration to administer. 29, 394 
 
 procedure 406 
 
 inspection of 408 
 
 laborers, certification of 397, 400, 401, 404, 407, 409 
 
 excWded 407 
 
 return of 396 
 
 transit of 397 
 
 habeas corpus 400 
 
 persons, list of 408 
 
 unlawfully in United States 400 
 
 protection of 397 
 
 return of married 403, 404 
 
 tourist 397,407 
 
 warrant for arrest of 403 
 
 Cincinnati, Ohio, merchandise destined for 278 
 
 Circuit court to dispose of deceased seaman's effects 211 
 
 Cities, statistics of, by Bureau of Labor 64 
 
 the Census 83 
 
 Citizen, definition of, as seaman 189 
 
 Citizenship of Chinese prohibited 409 
 
 master of licensed vessel 159, 179 
 
 ofl[icers of steam vessels 146 
 
 vessels of United States 159, 188 
 
 seaman 1 - 189 
 
 Cleanliness on innnigrant vessels 292 
 
 Clearance at special ports 281 
 
 blanks to be furnished 375 
 
 fees 255 
 
 ferryboat exempt from 272 
 
 for another great district 305 
 
 form of 254 
 
 from Philippines 255 
 
 of tug on Great Lakes 301 
 
 vessel 253 
 
 on Great Lakes 300 
 
ALPHABETICAL INDEX 665 
 
 / 
 
 Clearance restricted 1>y mail regulations 376 
 
 within great district 303 
 
 yacht exempt from 252 
 
 Clerks , appropriation for 32 
 
 autliorized 25 
 
 Bureau of Corporations , 27 
 
 Manufactures 27 
 
 transferred 29, 33 
 
 Close seasons, fisheries 48 
 
 Clothing, disposition of seaman's forfeited 213 
 
 for seaman 226 
 
 of seaman exempt from attachment 206 
 
 Coal and war materials 221 
 
 exempt from duty 273 
 
 special entry of 270 
 
 unlading of 274 
 
 Coast and. Geodetic Survey '. 97-102 
 
 debate on transfer of 438, 444, 455-457, 477 
 
 disbursements bj' field parties 102 
 
 law pertaining to 99 
 
 location of 23 
 
 maps and charts, disposal of 101 
 
 penalty, damaging surveying stations 102 
 
 small stores for employees of 100 
 
 Coasting trade 303 
 
 Atlantic and Pacific, shipping articles for 190 
 
 between Long Island and Rhode Island 308 
 
 by steam vessels 116 
 
 delivery of imported merchandise in 271 
 
 engagement of seaman in 195 
 
 evasion of laws of 297 
 
 exempt from tonnage tax 234 
 
 foreign merchandise in 270 
 
 tugboat in 301 
 
 vessel barred from • 297, 309 
 
 • niay distribute merchandise in 309 
 
 form of license for 181 
 
 manifest of licensed vessel in 307 
 
 on Lake Michigan 301 
 
 Mississippi River and tributaries 307 
 
 permit of vessel engaged in, to tout^h at foreign ports 302 
 
 report of entry at other than place of destination 308 
 
 I statistics of 110 
 
 touching at foreign ports 302 
 
 \vessel enrolled and licensed for 160 
 
 fishing, to be enrolled and licensed 253 
 
 may be documented by surveyor 184 
 
 registered in 308 
 
 via Isthmus of Panama 311 
 
 with Alaska 236 
 
 Guam 238 
 
 Hawaii 237 
 
 Philippines 237 
 
 Porto Rico 237 
 
666 ALPHABETICAL INDEX 
 
 Page 
 
 Coastwise vessel subject to inspection laws 116 
 
 Cobb, Mr., Ijill introduced by 19 
 
 Cocliran, Mr., speech on Senate bill 569 570 
 
 Cockrell, Mr. , speech on Senate bill 569 460, 502 
 
 Cold Spring, N. Y. , merchandise destined for 280 
 
 vessel may be documented at 184 
 
 Collector of customs 369, 372 
 
 Deputy 370 
 
 rei'ord of register of vessel to l)e kept by 173, 174 
 
 regulations imposed on, as to furnishing statistics 108 
 
 to act as shipiiing commissioner 159 
 
 Collision, rules to prevent 324 
 
 Colorado, establishment of subports in 368 
 
 Commerce and Finance, a secretary of, proposed in Constitutional t'on vention . 7, 8 
 
 Labor, duties of Department of, in House report 541 
 
 jurisdiction of Department of 25 
 
 name of Department suggested in debate 496 
 
 debated \ 526 
 
 organic acts of Department of 24 
 
 organization of Department of 22 
 
 Commerce and Labor, Secretary of: 
 
 Census, Bureau of the, information wanted for, from other Departments, ' 
 
 to be called for liy 94 
 
 Coast and Geodetic Survey, employees of, may be detailed to Mississippi 
 
 River Commission by 102 
 
 maps and charts of, disposed of by 101 
 
 preliminary surveys may be authorized by . . . 102 
 printing of notices and bulletins to mariners 
 
 authorized by 101 
 
 report to Congress of expenditures and em- 
 ployees of, to be made annually by 101 
 
 subsistence to army and navy officers in, may 
 
 be allowed by 100 
 
 supplies may be furnished to employees of, by . 100 
 
 Commercial information, annual report of, to Congress by Ill 
 
 to be published in newspapers selected by . . .•. . Ill 
 
 Consular officers shall furnish current prices of imports to 112 
 
 Corporations, Bureau of, information compiled and published under direc- 
 tion of 50 
 
 Customs officers to be furnished blanks, books, and stationery by 375 
 
 Fines, penalties, and forfeitures, remitted or regulated by 30, 
 
 175, 180, 214, 252, 262, 314, 315, 316 
 Fisheries, fur-bearing animals, except fur seals, may be killed under 
 
 authority of 44 
 
 inspector and assistant inspector of, to be appointed by 48 
 
 investigation of seal life in Bering Sea and on Pribilof Islands 
 
 under direction of 151 
 
 lease to kill fur seal may be terminated for violations 46 
 
 of Alaska, agents to be appointed by 46 
 
 close seasons may be established by 48 
 
 Pribilof Islands, authority to land on, given by 44 
 
 lease of fur-seal rights on 45 
 
 St. George and St. Paul islands regulated by . . 44 
 
 regulated by - 47, 48 
 
 Immigration, Bureau of, alien can be deported by 389 
 
ALPHABETICAL INDEX ()()7 
 
 Commerce and Labor, Secretary of — Continued. Page 
 
 Immigration, Bureau of, ( 'hinese immigration regxilated l)y 399, 
 
 402, 404, 405, 408 
 Commissioner-General of Immigration under 
 
 supervision of 394 
 
 decision as to exclusion of aliens, ine'.udiug 
 
 Chinese, may be appealed to : 395 
 
 disposal of privileges at immigrant stations to be 
 
 ajijiroved by 391 
 
 immigrant fund to be used under direction of . . . 382 
 inspectors and other employees to V)e appointed 
 
 by 390 
 
 regulations as to yn'ohibited classes of innnigrants 
 
 to be made by 392, 393 
 
 for entry and insi^ection of aliens 
 along the borders of Mexico and 
 
 Canada to be approved by 392 
 
 with transportation companies to be 
 
 made by 382 
 
 suspension of deportation of alien to be approved 
 
 by - 388 
 
 jurisdiction of, over bureaus 30 
 
 Light-House Board, contracts and security of, to be approved l)y 70 
 
 estimates of expenses of, shall be furnished to 67 
 
 ex-ofRcio president 66 
 
 land may be condemned upon application of 74 
 
 lights discontinued and reestablished by 74 
 
 may be convened by 66 
 
 partial payments on contracts of, may be made by . . . 70 
 
 property of, may be sold or leased l)y 73 
 
 publications to be authorized by 77 
 
 regulations of, to be approved by 67 
 
 salaries of light-house keepers regulated l)y 71 
 
 sites for lights to be acquired by 73 
 
 surveys for light-houses authorized by 72, 102 
 
 under superintendence of 66 
 
 Navigation, Bureau of, anchorage grounds to be established and regulated 
 
 by 317,358 
 
 customs officers to be furnished blanks, books, and 
 
 stationery by 375 
 
 Deputy Commissioner to be designated by 157 
 
 fees of, regulated by 239 
 
 fines, penalties, and forfeitures to be remitted or 
 
 regulated by 30, 
 
 175, 180, 214, 252, 262, 312, 314, 315, 31 6 
 , lines dividing high seas from inland waters to be 
 
 defined by 344 
 
 report of Commissioner of Navigation to 156 
 
 reports of boarding officers concerning crew list to 
 
 be received by 195 
 
 rules to prevent collision to be approved by.. 337,342,352 
 seaman, allotment schedules of wages to be ap- 
 proved by 205 
 
 regulations as to, authorized by 191 
 
 shipping articles, stipulations in, authorized by 191 
 
r)()8 ALPHABETICAL INDEX 
 
 Commerce and Labor, Secretary of — Continued. Page 
 
 Navigation, Bureau of, shipping oounnissioner, accounts of, to be rendered 
 
 to 157 
 
 otRces, furniture, ]>rintiug, 
 
 etc., provided by 158 
 
 to be appointed l)y 157 
 
 vessel Iwarding regulations to be prescribed by. . . 259 
 cargo to be discharged at places designated 
 
 by .' 270 
 
 change of name to be regulated and pul)- 
 
 lislu"<l })y 156, l(i2 
 
 clearance to be regulated by HOI 
 
 coasting and fishing, may be documented 
 
 i;nder authority of 184,2.53 
 
 consul's report of, to o59 
 
 fees for readmeasurement of deductions 
 
 from gross tonnage regulated by 1 70 
 
 forms of manifests, oaths, and certificates 
 
 of clearance regulated by 302 
 
 innnigration, reports of, to 295 
 
 in trade between United States and its non- 
 contiguous territory regulated by 255 
 
 Lake Mii-higan coasting, regulated by 301 
 
 measurement, regulations as to, under di- 
 rection of 170 
 
 Porto Rican. regulations of, to be approved 
 
 by ' 237,255 
 
 registers granted to foreign-built, by 250 
 
 registry, blank certificates of, to l)e pro- 
 vided by 174 
 
 regulations of, established by 1B2, 255 
 
 tolls, discriminating, regulated by 249 
 
 transfers from foreign to domestic, regu- 
 lated by I.- 298 
 
 Avith products of Canada, New Brunswick, 
 Nova Scotia, Newfoundland, or Prince 
 Edward Island permitted to lade or un- 
 lade in United States by 303 
 
 yachts may be licensed by 252 
 
 Yukon, Porcupine, and Stikine rivers, transporta- 
 tion regulated by 309 
 
 nintli member of Cabinet 12 
 
 Pribilof Islands, authority to land on, may be given only by 44 
 
 Commissioner of Fish and Fisheries to investigate seal life 
 
 "on, under direction of 151 
 
 lease of right to take fur seals on, shall be made by 45 
 
 regulations as to maintenance and education of natives of, 
 
 to be made by 46 
 
 of St. George and St. Paul islands to be made 
 
 by 44 
 
 See also Pribilof Islands. 
 
 property, and library expenditures of Department in charge of 27, 29 
 
 report to Congress, annual and special 29, 11 1 
 
 Standards, Bureau of, expenditures of, under supervision of 417 
 
 fees of, to be approved by 417 
 
ALPHABETICAL INDEX 669 
 
 Commerce and Labor, Secretary of — Continued. Pase 
 
 Standards, bureau of, oHicerHiind eiuployeesof, except Director, appointed 
 
 i>y 
 
 417 
 
 regulations concerning, to be made ))y 417 
 
 visiting committee to, appointed ])y 417 
 
 statistical work to be rearranged, consolidated, and pul)lislied liy 26 
 
 Statistics, Bureau of, annual reports from, to Congress, by 107, 111 
 
 of, under direction of 106, 107, 110, 111 
 
 commercial information from consuls to Ill, 112 
 
 consular reports to be printed by Ill 
 
 of corporations to l.'e compiled and published under direction of. 50 
 Steamboat-Inspection Service, c-opies of law to be furnished passenger 
 
 steamers by 142 
 
 employees of, to be paid by 145 
 
 equipments of steam vessels to be approved 
 
 by 142 
 
 inspection of foreign vessel under direction 
 
 of 148 
 
 inspectors to be appointed by 120 
 
 instructions as to expense accounts of in- 
 spectors to be given by 121 
 
 instruments, stationerv, eti-. , to 1 )e furnished 
 
 by 1 134 
 
 license for use of petroleum in production 
 
 of motive power may be granted by . . . 137, 138 
 regulations as to shipi^ing petroleum to be 
 
 approved by 137 
 
 to be made by 135 
 
 supervising inspector-general under super- 
 vision of 117, 118, 120 
 
 Commerce and Labor, similar departments in other countries 536 
 
 Bureau of Foreign. Si'i- Foreign Commerce, Bureau of. 
 
 with acquisitions 236 
 
 contiguous countries 296 
 
 See also Coasting trade. 
 
 Commercial agencies, list of 377 
 
 attaches proposed 20 
 
 Company of Alaska 45 
 
 conventions, an executive department requested by 11 
 
 reports, publication of 113 
 
 Commission, Mediation 63 
 
 Commissioner of Corporations, duties and powers of 49 
 
 procedure before 56 
 
 salary of 32, 49 
 
 Fish and Fisheries 151, 152 
 
 transferred to Department of Commerce 
 
 and Labor 26 
 
 -General of Immigration, authorized 394 
 
 duties of 389 
 
 transferred to Department of Com- 
 merce and Lal)or 26 
 
 of Immigration 395 
 
 Labor '31,62 
 
 chief clerk to act in absence of 61 
 
 transferred to Department of Commerce and Labor. . 26 
 
670 ALPHABETICAL INDEX 
 
 Page 
 Commissioner of Navigation 157 
 
 transfer to Department of Commerce and Labor. 26, 30 
 
 Railroads, debate on transfer of 430, 435 
 
 shipping. See Shijiping. 
 
 See also Deputy Commissioner. 
 
 Committee on Agriculture, bill introduced by 18 
 
 Complaints to Bureau of Corporations 53, 54 
 
 under steamboat-inspection law 118 
 
 Condemnation of land 74 
 
 Conference report on Senate bill 569 637 
 
 Congressional Record for Bureau of Labor 64 
 
 Constitutional Convention, Cabinet proposed in 8 
 
 Consul fees, how payalile 360 
 
 foreign, not to return register until clearance granted 257 
 
 naval offii-er to act as ! 360 
 
 not to be interested in supplies to seaman 360 
 
 required to make commercial report 27 
 
 for Bureau of Statistics Ill, 112 
 
 service of, to vessel 359 
 
 to act as shipping commissioner 193 
 
 furnish master with statement of services 257 
 
 report wreck abroad 313 
 
 Consular officers, Chinese, not excluded 397, 399, 406, 409 
 
 shall furnish current prices of imports to Secretary of Com- 
 merce and Labor 112 
 
 reports, debate on 435, 453 
 
 through Secretary of State 30 
 
 services, statement of 257 
 
 tonnage charges 236 
 
 Consulates of United States, list of 377 
 
 Contig-uous countries, commerce with 296 
 
 Contingent expenses 32 
 
 Contract labor excluded 383, 394, 395 
 
 Contracts of Light-House Board 70 
 
 seaman. See Shiijping articles. 
 
 Convention of Chinese exclusion 396 
 
 Cooly trade 410 
 
 Corliss, Mr., speech on Senate bill 569 566,590 
 
 Corporal punishment prohibited 214 
 
 Corporations, American, may own vessel 159 
 
 Bureau of 49 
 
 appropriation for 32 
 
 debate on 543, 608-617, 629, 646-656 
 
 location of 23 
 
 penalty. See Penalty. 
 
 Commissioner of 49 
 
 Deputy Commissioner of 49 
 
 enrollment and license of vessels of 182 
 
 officer or agent of, liable to conviction 58 
 
 register of vessels to 175 
 
 statistics of, to be compiled and published 50 
 
 Cortelyou, George B 22,23 
 
 Costs and fees, Bureau of Corporations 55, 56 
 
 of prosecution in seizure of merchandise 264 
 
ALPHABETICAL INDEX 671 
 
 Page 
 
 Cotton or hemp carrieil l)y steam vessels 137 
 
 statistics, census 84 
 
 Counterfeit of marine documents 188 
 
 stamjiing of boiler plates 126 
 
 Court, i-ircuit, to dispose of seaman's effects 211 
 
 Court, reports of decisions of, to I>e paid for out of immigrant fund 382 
 
 Cox, Mr., bill introduced by 15 
 
 Crew accommodations 167 
 
 list 194 
 
 papers relating to 194 
 
 See also Seaman. 
 
 Crimes 244 
 
 on Great Lakes 246 
 
 high seas, place of trial 244 
 
 steam vessels 144 
 
 Criminal innuigrant prohilnted 383 
 
 Crimping, demanding remuneration for jiroviding seaman with employment." 205 
 
 Cruelty to seaman 200, 244 
 
 Crumpacker, Mr, , speech on Senate bill 569 595 
 
 Cuba, citizens of, cxemi^t from head tax 382 
 
 Current prices of imports to be furnished by consul 112 
 
 Customs and currency laws, effect of 62 
 
 districts, ports, and subports, list of 361 
 
 inspector 284 
 
 laws directly relating to vessels 259-268 
 
 officers - 369 
 
 duties concerning inspection of vessels 142, 143 
 
 fees upon which compensation of, is based. 241 
 
 D 
 
 Damaging' public works 76 
 
 vessels or cargo, penalty for seaman's 213 
 
 Dangerous articles, mode of packing 138 
 
 not to be carried on passenger steamers 136 
 
 shii^ment of 138 
 
 Date of taking effect of organic law 31 
 
 Davis, Mr. , speech on Senate l)ill 569 562 
 
 views of, on Senate bill 569 547 
 
 Davis, Senator, bill introduced by 15 
 
 Day, defined : 283 
 
 De Armond, Mr. , speech on Senate l)ill 569 592, 622 
 
 Death of passenger 294 
 
 to be entered in log book 227 
 
 Debate in House of Representatives on Senate bill 569 548-636 
 
 Senate on Senate bill 569 427-529 
 
 Deceased seaman, effects of 209 
 
 Decennial Census statistics 83, 86 
 
 Decisions of courts, reports of, paid for, out of immigrant fund 382 
 
 Deductions from net tonnage 168 
 
 Definition of Chinese laborer 402, 409 
 
 citizen seaman 189 
 
 day 283 
 
 home jiort 172 
 
 master 188 
 
672 ALPHABETICAL INDEX 
 
 Page 
 
 Definition of merchandise 2(58 
 
 inerchant Cliinaiiien 407 
 
 ill Chinese-t'xc-ln8ion law 402 
 
 net or registered tonnage 169 
 
 officers 14() 
 
 owner 189 
 
 port 268 
 
 railroad and transportation 50 
 
 seaman 188 
 
 smuggling 26") 
 
 steam vessel 115 
 
 ton - -- 164 
 
 tonnage deck Kio 
 
 United States 392 
 
 vessel of United States 159 
 
 Delivery, list of ports of 361 
 
 Department. I^ce aho name ( )f . 
 
 "Department of Commerce and Labor" first suggested as name in debate. . 496 
 
 moved as name in debate 527 
 
 adopted as name in tlebate 528 
 
 /S'ct' ((/.so Commerce and Labor. 
 Department of Labor. See Labor, Bureau of. 
 
 Departments, information from other, for Census 94 
 
 Deportation, cost of 409 
 
 of aliens 388, 389, 392, 395 
 
 order of 402 
 
 Chinese 400, 406, 409 
 
 cost of 409 
 
 order of 409 
 
 Depositions, Bureau of Corporations 49 
 
 Deputy Collector of Customs 370 
 
 Commissioner of Corporations 49 
 
 salary of 27, 32 
 
 Fish and Fisheries 152 
 
 Navigation 157 
 
 Desertion 1 98, 206, 21 2 
 
 Destitute seaman 202, 208 
 
 Dingley, Mr. , liills introduced 1)y - 16 
 
 Diplomatic and consular Chinese officers not excluded 397, 399, 406, 409 
 
 Director of Bureau of Standards 417 
 
 the Census 82 
 
 debate on salary of 603 
 
 duties of 87, 88, 89 
 
 Disbursing clerk. Bureau of the Census 82 
 
 Department of Commerce and Labor, law authorizing 25 
 
 location of 23 
 
 salary of 32 
 
 Discharge of seaman 158, 199, 200 
 
 Discipline on immigrant vessel 292 
 
 Discrimination against American vessel 246 
 
 and retaliation 246 -250 
 
 on Canadian canals — 248 
 
 Discriminating duties 249 
 
 tonnage taxes 234 
 
ALPHABETICAL IJiTDEX 678 
 
 Page 
 
 Diseased aliens 385, 392 
 
 Disobedience of seaman, ])enality for 212 
 
 Distilled spirits. Sec Litiuor. 
 
 Distress, unlading vessels in 283,286' 
 
 See rt/.s'o Stress of weather. 
 District. See Great District. 
 
 Districts, light-house 67 
 
 list of c-ustonis 361 
 
 without steamboat insj^ectors 118, 133 
 
 Dock charges in Alaska 316 
 
 Documents of vessels 171, 188 
 
 "Domestic Affairs, Secretary of," proposed 8 
 
 Commerce 303 
 
 Dominion of Canada. See Canada. 
 
 Doolittle, Mr. , bill introduced 1 )y 18 
 
 Draft of registered vessel to be marked 163 
 
 Drawback 271 
 
 Drunkenness, penalty for seaman's 214 
 
 Dubuque, Iowa, merchandise destined for 278 
 
 Dunham, Mr. , bills introduced by 16, 17 
 
 Duration of license of vessel 182 
 
 Dutiable articles, statistics of, by Bureau of Lalior 62 
 
 Duty discriminating 250 
 
 on immigrants 382 
 
 Dyewoods, unlading of 274, 285 
 
 Dynamite. *SV(' Explosives. 
 
 E 
 
 Edgecomb, Me. , merchandise destined for 280 
 
 Effects of deceased seaman 209 
 
 Ela, Mr., mentioned in debate 553 
 
 Elkins, Mr. , speech on Senate bill 569 501 
 
 Employees, Bureau of Corporations; 32, 49 
 
 Fisheries 153 
 
 Immigration 394 
 
 Labor 61 
 
 Manufactures 59 
 
 Standards 416, 417 
 
 Statistics 26,113 
 
 the Census 82, 85, 86, 92 
 
 Trade Relations 30 
 
 Coast and Geodetic Survey 102 
 
 Departmental, transferred 29, 33 
 
 list of, in debate 446 
 
 Light-House Board 77 
 
 Steamboat-Inspection Service 148 
 
 Engineer Corps, Light-House Board to employ 68 
 
 disljursements by, of Light-House Board 69 
 
 licensed, of steam vessels 132 
 
 qualifications of licensed 129 
 
 to be officer of vessel 188 
 
 Enrolled and licensed vessel 1 60 
 
 vessel in foreign trade ■. 255 
 
 Enrollment and license 161, 180, 182, 184 
 
 27628—04 43 
 
674 ALPHABETICAL INDEX 
 
 Page 
 
 Enrollment change to register 179 
 
 form of 180 
 
 of vessel navigating waters on northern frontier of United States. 160 
 
 on Great Lakes 299 
 
 qualifications for 180 
 
 steamboat to be inspected before 143 
 
 Entry and clearance 253 
 
 before delivery 269 
 
 bond with 272 
 
 ferryboat exempt from 272 
 
 in Philippines 238 
 
 of merchandise 268 
 
 at special ports 277 
 
 tug on Great Lakes 301 
 
 vessel 269 
 
 in coasting trade at other than port of destination 309 
 
 on Great Lakes 300 
 
 owner's oath on 256 
 
 ports of 268 
 
 list of 36 1 
 
 preliminary, of vessel 282 
 
 report of 271 
 
 restricted by mail regulations 376 
 
 to another great district 306 
 
 vessel exempt from 272 
 
 within great district 304 
 
 Enumerators, Census, accounts of 89 
 
 commissioned l:)y supervisor 90 
 
 compensation of '. 91 
 
 duties of 90 
 
 employment of 89 
 
 removal of 91 
 
 traveling expense of 91 
 
 Enumeration, time of taking census 92 
 
 Equipment for security of life on steamers to ' be approved b,v Secretary of 
 
 Commerce and Labor 142 
 
 of vessels exempt from duty 273 
 
 Errors, in documents of vessels may l)e immaterial 268 
 
 Esquimaux. See Indian. 
 
 Estimate, annual, Alaskan fisheries 48 
 
 Bureau of Fisheries 152 
 
 the Census 85 
 
 Light-House Board 67, 69 
 
 to be submitted l)y Department of Commerce and Labor. . 33 
 
 Evansville, Ind. , merchandise destined for 278 
 
 Excluded immig-rants 383, 394 
 
 Exclusion, Chinese, duration of 398 
 
 reenacted 399 
 
 See also Chinese. 
 
 Excursion, special permit for steam vessel 1.35 
 
 steamer 135 
 
 Exemption of vessels from charges 273 
 
 measurement 170 
 
ALPHABETICAL INDEX 675 
 
 Page 
 
 Expediting^ certain cases 59 
 
 Expenditures allowed the Department of Commerce and Labor 29 
 
 Expense and salaries of Steamboat Inspection Service IL'l, 134 
 
 of Commissioner of Corporations 56 
 
 vessels of Light-House Establishment 69 
 
 Explosion, liability in case of 142 
 
 penalty in case of 144 
 
 Explosives, license to carry gunpowder 123 
 
 not to be carried on passenger steamers 136 
 
 penalty for carrying gunpowder or passengers contrary to law^ . . 124 
 
 penalty for carrying nitroglycerin 138 
 
 regulation by States of traffic in 143 
 
 transportation of 293 
 
 Exports and imports, monthly summary of 113 
 
 inspection of - 271 
 
 of bullion and coin 255 
 
 Expositions, attendance of Chinese upon 399 
 
 Extra wages of seaman. See Wages. 
 
 E 
 
 Failure to join, seaman's 212 
 
 produce crew 194 
 
 Fair, attendance of Chinese upon 399 
 
 Feed and connecting pipes of steam vessels 127 
 
 Fees, Bureau of Standards 417 
 
 certain, abolished 145,239-244 
 
 Chinese exclusion 403 
 
 for copying mortgage or bill of sale of vessel 178 
 
 enrollment and license of vessels 180 
 
 inspection of foreign steam vessels 116 
 
 list of, at ports on Atlantic, Pacific, and Gulf coasts and western rivers. . 242 
 
 northern, northeastern, and northwestern frontiers.. 243 
 
 of consul for service to vessel 359 
 
 in British America.. 360 
 
 witness, Bureau of Corporations 53 
 
 Steamboat-Inspection Service 145 
 
 steamboat inspector, penalty for receiving illegal 145 
 
 to be posted in custom-houses 372 
 
 vessel exempt from 161. 
 
 Felony, misprision of 245 
 
 Ferryboat, change of master of 183 
 
 exempt from entry, clearance, and manifest 272 
 
 lights on 337 
 
 steam, to be inspected 124 
 
 Field work by census clerks 85 
 
 Filibustering- 319 
 
 Findings of Bureau of Corporations 54, 55 
 
 Fine, imposed {see also Penalty and Forfeiture) 264 
 
 procedure in case of 263 
 
 remission or regulation of 30, 175, 180, 214, 252, 314, 315, 316 
 
 Fire apparatus, inspection of, on steam vessels 122 
 
 required on steam vessels 136, 139 
 
 arms. See Arms and Ammunition. 
 
 liability in case of on vessel 142, 229 
 
 precautions against 135 
 
676 ALPHABETICAL INDEX 
 
 Fish and Fisheries, Commissioner of, to be aided by heads of Executive 
 
 Departments (.srf o/so Fisheries, Bureau of) 151 
 
 Deputy Commissioner of 152 
 
 Fish. Commission. See Fisheries, Bureau of. 
 
 Fisheries, agreement and shipment of seamen in 192, 196 
 
 Alaskan 35-48 
 
 debate on transfer of 550 
 
 Bureau of 149-153 
 
 debate on transfer of 510 
 
 Bureau of, distribution of specimens 153 
 
 location of *. 23 
 
 scientific research to be afforded by 153 
 
 transferred to Department of Commerce and Labor 26 
 
 discrimination in 248 
 
 exempt from tonnage tax 234 
 
 form of lii-ense for 181 
 
 Hawaiian, investigation of 151 
 
 permit to touch and trade in 256 
 
 qualifications for vessel in 160, 310 
 
 revenue marine to aid in investigation of 152 
 
 seal, enforcement of law of 43, 44 
 
 vessels engaged in, may be documented by surveyor 184 
 
 enrolled and licensed for 160 
 
 Fishing vessel, crew of 125, 193, 197 
 
 exempt from forecastle law 167 
 
 Flogging of seamen prohil)ited 214 
 
 Florida, establishment of subports in 369 
 
 wreck in waters of 313 
 
 Fog signal 331, 339, 349, 356 
 
 Food, Hvale of, for seaman 217 
 
 Foran, Mr., bill introduced by 16 
 
 Forecastle regulations 122, 167 
 
 Foreign Affairs, change of name of Department of 10 
 
 Commerce, Bureau of, debate on transfer of 435, 453, 462-491 
 
 History of 104 
 
 transferred to Department of Commerce and 
 
 Labor 26 
 
 See also Statistics. 
 
 growth of, in debate . : 535 
 
 labor reports 63 
 
 statistics 62 
 
 passenger steam vessels, provisions and requirements as to 115, 116 
 
 ports, inspection of seaworthiness of vessels in 223 
 
 seaman, desertion of, in United States 206 
 
 trade, discharge of seaman in 199 
 
 forfeiture of enrolled vessel engaged in 255 
 
 tugboats 310 
 
 vessel, barred from coasting trade 309 
 
 inspection of 115 
 
 under direction of Secretary of Commerce and 
 
 Labor 148 
 
 measurement of 170 
 
 not assimilated by treaty to American vessel 249 
 
 on coasting voyage 309 
 
ALPHABETICAL INDEX 677 
 
 Page 
 
 Foreign vessel, to unlade at port of entry 268 
 
 water, wrecks in 313 
 
 Forfeiture, exemption from 263 
 
 not incnrre<l for substantial compliance with form 268 
 
 of enrolled vessel for engaging in foreign trade 255 
 
 fishing vessel for carrying foreign cargo _. 256 
 
 merchandise illegally unladed 284 
 
 not manifested 275 
 
 vessel and merchandise 311 
 
 for false oath of agent or owner 171, 173 
 
 illegal change of name 162 
 
 under fraudulent register 187 
 
 without manifest on Great Lakes "... 297 
 
 procedure in case of 263 
 
 remission of {see also Fine, remission or regulation of) 314 
 
 Forgery 246 
 
 of certificate of Chinese laborer 403, 405 
 
 certificate of Chinese tourist 408 
 
 marine documents 188, 246 
 
 Form, of certificate of registry 173 
 
 enrollment and license 180 
 
 record of American-built vessel owned by alien 185 
 
 schedules filed with Biireau of Corporations 51 
 
 Freight. See Merchandise. 
 
 Freight boat, inspection of , 124 
 
 Frye, Mr., bills introduced by 16,18,19,20 
 
 Fuel, use of liquid, on steam vessels - 137 
 
 Fuller, H. R., letter from, in debate 522 
 
 mentioned in debate 556, 564 
 
 Functions. »SV(' Province. 
 
 Fur-bearing animals, regulations in regard to 43 
 
 -seal fisheries 35-48 
 
 Furniture, appropriation for ._ 32 
 
 in charge of Secretary of Commerce and Labor 29 
 
 transferred 27 
 
 Furuseth, Mr. , mentioned in debate 553 
 
 G 
 
 Gaines, Mr., speech on Senate bill 569 558,618 
 
 Galena, 111. , merchandise destined for 278 
 
 Gallinger, Mr. , speech on Senate bill 569 476 
 
 Gardner, Mr. , speech on Senate bill 569 593, 615 
 
 Garfield, Jas. A. , rejiort of Census Committee of the House 79 
 
 Garfield, James Rudolph, appointed Commissioner of Corporations 22 
 
 General average 229 
 
 Geological Survey, debate on transfer of 430-432, 440, 486, 517 
 
 Gibson, Mr. , bill introduced by 21 
 
 Gompers, Samuel, letter of, in debate 478 
 
 Gooch, Mr. , speech on Senate bill 569 635 
 
 Grand Army of the Republic, raising of flag by 22 
 
 Great District 303 
 
 clearance for another 305 
 
 entry within .304 
 
 ofAlaaka 236 
 
678 ALPHABETICAL INDEX 
 
 Page 
 
 Great District of, Hawaii 237 
 
 Porto Rico 237 
 
 Great Lakes, agreement of seaman employed on 192 
 
 crimes 246 
 
 engagement of seamen on 195 
 
 entry and clearance of vessel on 300 
 
 foreign trade on 302 
 
 inward manifest for trade on 297 
 
 passengers on 301 
 
 penalty for violating navigation laws of 298, 302 
 
 reciprocal wrecking privileges on 313 
 
 vessels, duties on repairs of 299 
 
 exemjit from charges on 273 
 
 stores on, exempt from charges 298, 299 
 
 Greenport, N. Y. , merchandise destined for 280 
 
 Grinnell, Mr. , 1 )ill introduced by 13 
 
 Gross tonnage 164 
 
 Grosvenor , Mr. , speech on Senate bill 569 593 
 
 Guam, trade with 238,255 
 
 Guano Islands 320 
 
 Gunpowder. See Explosives. 
 
 H 
 
 Habeas corpus, Chinese persons 400 
 
 Hamilton, Alexander, at Annapolis Convention 8 
 
 first Secretary of Treasury , 9 
 
 in Federalist 8 
 
 Hanna, Mr. , speech on Senate bill 569 497 
 
 Harbors, rules of road in 335 
 
 to which inland rules apply 344 
 
 Harter Act 230 
 
 Hatch, Mr. , bills introduced by 17 
 
 Hawaii, census of 88 
 
 Chinese immigration prohibited in 399, 400, 410 
 
 establishment of subports in 369 
 
 fisheries of, to be investigated 151 
 
 labor statistics of 63 
 
 law in regard to vessels extended to 237 
 
 of United States made applicable ., 148 
 
 manifest in trade with 255 
 
 preliminary entry of vessel in 282 
 
 registry of vessel in trade with 237 
 
 regulations as to vessels of 237 
 
 return of destitute seamen from 208 
 
 Hayes, John W. , letter from, in debate 520 
 
 Head tax not repealed 28 
 
 on innnigrants 382 
 
 Heitfeld, Mr., bill introduced by 21 
 
 Helpless alien with companion 385 
 
 Hemp or cotton on board steam vessels 137 
 
 Hepburn, Mr. , bill introduced by 20 
 
 speech on Senate bill 569 577 
 
 Hides, imladmgof 274,285 
 
 History and law of each Bureau. See Contents, p. 5. 
 
 Hitchcock, Frank H. , chief clerk 22 
 
ALPHABETICAL INDEX 679 
 
 Page 
 
 Hoar, Mr., bills introducod by i;^, 14 
 
 ' ' Home Department," President Madison recoinmendM 10 
 
 Home port, detiuitiou of 172 
 
 to be marked on vessel 162 
 
 See also Port and Ports. 
 
 Hopkins, Mr. , bill introduced by 16 
 
 Hospital Corps, members of Naval, to j)rovide hospital service on vessels of 
 
 Bureau of Fisheries 153 
 
 service to Coast and Geodetic Survey 102 
 
 See also INIedical. 
 
 Hospitals for seamen 71 , 233 
 
 Houston, Tex. , merchandise destined for 277 
 
 Hudson County, N. J. , vessels documented at Jersey City 184 
 
 Hulls, inspection of 122 
 
 Hydrographic Ofla.ce, mentioned in debate 444 
 
 I 
 
 Ice, unlading obstructed by 287 
 
 Illegal. Sec Penalty. 
 
 Ill treatment of crew 200, 244 
 
 Immediate transportation jiorts 367 
 
 Immigrant, assisted 1 383 
 
 classes, prohibited 383, 385, 392 
 
 deportation of 388, 389, 392 
 
 fund '. 382 
 
 head tax on 28, 382 
 
 inspector 390 
 
 inspection of 387, 392 
 
 landing of 388, 405 
 
 manifest of 385 
 
 naturalization of 393 
 
 officer, appointment of 390 
 
 police control of 392 
 
 ships : 288 
 
 inspection of 294 
 
 stations, jurisdiction of 392 
 
 to be reported by master to Secretary of Commerce and Labor. . 295 
 
 Immigration, Bureau of 381-412 
 
 debate on transfer of 444 
 
 history of 381 
 
 location of 23 
 
 penalty. See Penalty. 
 
 quarters for 34 
 
 transferred to Department of Commerce and Lalior. 26, 28 
 
 boards of inquiry 385, 390 
 
 laws to be jiosted Ijy steamship companies 395 
 
 of Chinese. See Chinese. 
 
 skilled laborer 402, 410 
 
 officer, appointment of 390 
 
 inspection by 387 
 
 privileges, sale of 391 
 
 .restriction of, debate on 580, 587 
 
 suspended for quarantine purposes 395 
 
 through Canada or Mexico 392 
 
680 ALPHABETICAL INDEX 
 
 Immunity to testifying witness 58 
 
 Impairing public ■works 76 
 
 Imports and exports, monthly summary of 113 
 
 Indians, sealing privileges aecorded to 38, 40, 41, 42, 44 
 
 Industrial growth mentioned in debate 534 
 
 Inflammable cargo 134, 136, 144 
 
 Informer' s award 265 
 
 Injunction to aid Bureau of Corporations 55 
 
 Injuring- public works 76 
 
 Inland rules to prevent collisions 335 
 
 Inquiries comprehended in Census 87 
 
 limited in Census 84 
 
 Insane immigrant prohibited 383 
 
 Inspection, annual and occasional, of steam vessel 122 
 
 appeal in cases of steamboat 132 
 
 enrollment and license 185 
 
 of boiler 122 
 
 plates 123,126 
 
 gas, naphtha, electric launches 124 
 
 hulls, accommodations for passengers and crew, tire and life- 
 saving appliances 122 
 
 immigrant ship 294 
 
 passenger steam vessel 135 
 
 provisions and water 224 
 
 registered foreign-liuilt vessel 148 
 
 steam vessel 115 
 
 tugboat and freight boat ^ 124 
 
 Inspector, duties of customs 284 
 
 immigrant 389 
 
 light-house 68 
 
 of fisheries 48 
 
 Inspector-General, Supervising, steamboat 117 
 
 Inspectors, steamboat 117-124 
 
 assistant to be appointed by Secretary of Commerce 
 
 and Labor 1 20 
 
 board of supervising, meeting and assignment of dis- 
 tricts 117 
 
 bond of 134 
 
 local, number and salaries of 119, 120 
 
 qualifications and appointment of 121 
 
 penalty for false certificate of 124 
 
 salaries and expense of 134 
 
 supervising 117, 118, 119 
 
 annual report of 118 
 
 appeal to 1 32 
 
 regulation by 119 
 
 to investigate conduct of officers 132 
 
 what persons are ineligible as 121 
 
 Institutions, Census enumerators of 91 
 
 Instruments, stationery, etc. , for steamboat inspectors 134 
 
 Insurance, Bureau of, mentioned in debate 542, 
 
 559, 567, 568, 579, 589-595, 605, 613, 618-620, 624 
 
 in Treasury Department, proposed 20 
 
 statistics of, by Bureau of Corporations 50 
 
ALPHABETICAL INDEX 681 
 
 Page 
 
 Interior Department establislied 10, 428 
 
 International arrangements for protection of seals , 39 
 
 Commerce, Bureau of, proposed 16 
 
 rules to prevent collisions 324 
 
 Interpreter, Census 91 
 
 Interstate Commerce act applical)le to Bureau .of (^nrjKirations 50 
 
 Commission, chairman of, on Mediation' Commission. 63 
 
 debate on transfer of 497, 
 
 501,511,514-516,528,621 
 
 establishment of 12 
 
 powers of, given to Bureau of Corpora- 
 tions 49 
 
 Investigation of complaints of violations of steamboat-inspection law 118 
 
 Inward manifest 274, 297 
 
 comparison of merchandise with 282 
 
 post entry to 286 
 
 vessel on Great Lakes 297 
 
 Irrigation, Census statistics of ^. 85 
 
 Irondequoit Bay, N. Y. , steam vessels on 146 
 
 J 
 
 Jeffersonville, Ind. , merchandise destined for 281 
 
 Jersey City, N. J., enrollment and license of vessels»at .• 184 
 
 Jones, John Paul, recommends Ministry of Commerce 9 
 
 Jurisdiction of courts in immigration cases 391 
 
 Light-House Board 67 
 
 Secretary of Commerce and Labor over Bureaus 30 
 
 Justice, Department of, duties of, to Light-House Board 72 
 
 estal)lished 8, 423 
 
 statistics and scientific work of, may be transferred 
 
 from 31 
 
 K 
 
 Kansas City, Mo. , merchandise destined for 278 
 
 Kennebec River, anchorage grounds for vessels in 317 
 
 Keokuk, Iowa, merchandise destined for 278 
 
 Killinger, Mr. , bill introduced by 13 
 
 Kimball, Judge I. G. , address by 22 
 
 Kittery, Me. , merchandise destined for 280 
 
 li 
 
 Labor, Bureau of 60-64 
 
 debate on transfer of 459, 
 
 478, 491-527, 539, 552, 554-558, 562, 570-589 
 
 establishment of 11, 61 
 
 scope of 61 
 
 transferred to Department of Commerce and Labor 26 
 
 work of, mentioned in debate 554 
 
 controversies investigated by Bureau of 62 
 
 Dejiartment of. See Labor, Bureau of. 
 
 Iiaborer, Chinese, defined , 402, 409 
 
 contract, excluded 383, 394, 395 
 
 Lake Champlain, clearance on 281 
 
 entry of merchandise on 302 
 
082 - ALPHABETICAL INDEX 
 
 Lake Michigan, coasting trade of 301 
 
 See Great Lakes. 
 
 Lamb, Mr. , bill introduced by 16 
 
 Land and property of Light-House Board may be sold by Secretary of Com- 
 merce and Labor 73 
 
 condemnation of 74 
 
 purchase of, for light-houses 71-7-4 
 
 Landing- Chinese, penalty.^ 405, 406 
 
 Launch, inspection of 124 
 
 Law and history of each Bureau. See Contents, p. 5. 
 
 made applicable to Department of Commerce and Labor ■ 29 
 
 of Chinese exclusion not affected by immigration law 1 392 
 
 Lay shipment in fisheries , 197 
 
 Lease of seal rights * 35 
 
 authority for 45 
 
 may be terminated 46 
 
 Leavenworth, Kans. , merchandise destined for 278 
 
 Legislative history of Senate bill 569 419 
 
 Legislation proposing new Department 13-21 
 
 Lessees of seal rights must be citizens 45 
 
 Letters and mail on board vessels 375 
 
 Liability in case of explosion, fire, or collision 142 
 
 of owner, master, or shipper 228 
 
 Libel 232, 264 
 
 Liberty, Statue of, jurisdiction over light in, transferred to War Department. 77 
 Library of Department of Commerce and Labor, expenditures of, in charge 
 
 of Secretary . 29 
 
 location of 23 
 
 License and register denied to steamboat until law complied with 143 
 
 form of 181 
 
 for use of petroleum in production of motive power 137 
 
 of officers of steam vessels 128, 132, 146 
 
 renewal 131 , 146 
 
 suspension or revocation of 131, 147 
 
 vessel, duration of * 182 
 
 for seal fisheries 40, 42 
 
 renewal of, while at sea : 310 
 
 under 20 tons 161,180 
 
 See also Enrollment. 
 
 Licensed and enrolled vessels 160 
 
 officer. See Officer. 
 
 persons to be listed 119 
 
 Lien by l)ottomry 177 
 
 of seaman 201 
 
 Lifeboats and life-saving appliances, on steamers 125, 139, 141 
 
 on ocean, lake, and sound 140 
 
 Life-saving appliances, inspection of 1 22 
 
 Service, debate on transfer of 443, 537 
 
 stations may l)e established at light-houses by Secretary of 
 
 Treasury 74 
 
 Light-House Board 65-77 
 
 accounts and returns of 68 
 
 additional salary to, prohibited 68 
 
 advance payments on contracts 70 
 
ALPHABETICAL INDEX 683 
 
 Page 
 
 Lig-ht-IIouse Board, age of employees 77 
 
 contracts of 70 
 
 duration of ui>i)r<)priati()n for 09 
 
 duties of 67 
 
 employees of not to be interested in contracts with 71 
 
 jurisdiction of 67, 68 
 
 land for lights may be leased l)y 73 
 
 purchase of 71 
 
 legal services to 72, 77 
 
 lights and buoys 74 
 
 location of 23 
 
 organization of .- - - 66 
 
 penalty. See Penalty. 
 
 printing of pul)lications of 77 
 
 Secretary of Commerce and Labor, ex-otficio president 
 
 of 66 
 
 transferred to Department of Commerce and Labor ... 26 
 
 districts 67 
 
 inspector 68 
 
 site for 73 
 
 surveys . 
 
 102 
 
 system in Alaska 77 
 
 vessel, expense of 69 
 
 master of, has police power 75 
 
 Lig-ht money 235 
 
 Lights and buoys 74 
 
 false, penalty for 75 
 
 in Porto Rico 77 
 
 may be discontinued and reestablished by Secretary of Commerce 
 
 and Labor 74 
 
 on bridge 75 
 
 canal boat 335 
 
 innnigrant ship ,. 290 
 
 naval vessel and revenue cutter 344 
 
 rules of road 324,335,347,353 
 
 Lime juice, antiscorbutic 226, 227 
 
 Limit of Census inquiries 84 
 
 Liquid fuel, use of 137 
 
 Liquor, entry of vessel with 269 
 
 manifest of, in coasting trade 303 
 
 sale of, at immigrant stations 391 
 
 prohibited to natives of Pribilof Islands 48 
 
 to be reported to surveyor 269 
 
 unlading of 285 
 
 List f)f aliens to be furnished by master 385 
 
 Chinese passengers by master of vessel 408 
 
 oiiicers of steam vessels licensed - -- 119 
 
 passengers to be kept by steamer 135 
 
 steam vessels not granted license, to he furnished 119 
 
 vessels 156 
 
 Live oak tiraber 255 
 
 Local boards of steamboat inspectors, supervision of 118 
 
 steamboat inspectors, duties of - 122 
 
 number, salary, and expense of 119, 120, 121 
 
684 ALPHABETICAL INDEX 
 
 I 
 
 Page 
 
 Local steamboat inspectors, records and reports of 134 
 
 what persons ineligible as 121 
 
 Iiodging house, seaman's 207 
 
 Log-book 227 
 
 Logan, Mr., ))ill introdnced ])y 13 
 
 Long Island, N. Y. , coasting trade of 308 
 
 Los Angeles, snbfxjrts in 368 
 
 Low, Mr., ))ill introduced ])y 20 
 
 Louisiana Purchase Exposition exhibit by Bureau of Fisheries 153 
 
 Labor 64 
 
 Louisville, Ky., merchandise destined for 278 
 
 M 
 
 Madison, Ind. , mercliandise destined for „ 278 
 
 Madison, President, reconunends "Home Department" 10 
 
 resolutions for general convention 8 
 
 Mail on vessels 375 
 
 vessels of Brazil 234 
 
 Maltreatment of crew by officers, penalty for 144 
 
 Manifest, duplicate to be given collector 281 
 
 form of, and other papers in (ireat Lakes trade 302 
 
 in coasting trade 303, 305 
 
 Philippine trade 255 
 
 inspection of , 275 
 
 inward 274, 275, 297 
 
 of foreign vessel in coasting trade 309 
 
 vessel in coasting trade touching at foreign ports 302 
 
 under 20 tons 307 
 
 outward 253 
 
 penaltj^ for failure to deliver 298 
 
 false 275 
 
 Mann, Mr. , speech on Senate bill 569 549 
 
 Manning. See Seaman; also Undermanning. 
 
 Manua 238 
 
 Manufactures, Bureau of, appropriations for 32 
 
 law organizing 27, 59 
 
 mentioned in H. Report 542 
 
 province of 59 
 
 census schedules of 87, 88 
 
 statistics of 84 
 
 statistics of Ill 
 
 Marine-Hospital Service. See Public Health and Marine-Hospital Service, 
 Knrolhiicnt, Register, License. 
 
 Marine papers, certification of 183 
 
 Marking vessel, penalty for failure in 161, 170 
 
 with name and home port 162 
 
 net tonnage 169 
 
 Marooning 245 
 
 Marriage to be entered in log book 227 
 
 Marshal, fees of 1 32 
 
 Martin, Mr. , speech on Senate bill 569 510 
 
 Master, agreement with seaman in foreign trade : . . 190 
 
 change of 176 
 
 definition of 188 
 
 may act as pilot 130 
 
ALPHABETICAL INDEX 685 
 
 Page 
 
 Master may ship seaman 191 
 
 oath of citizenship of 172 
 
 of light-house tender has police power 75 
 
 of vessel of United States must be citizen 159 
 
 report by 308 
 
 penalty. ^Slpe Penalty. Navigation, Bureau of, and Steamboat Inspection 
 Service. 
 
 qualifications of licensed 129 
 
 removal of, by owner 188 
 
 Mate, ]ienalty. See Penalty. 
 
 qualifications of licensed ^ 129 
 
 Materials, advertisement and contract for, by Light-House Board 70 
 
 McComas, Mr. , bill introduced by 20, 21 
 
 McCreary , Mr. , 1 )ill introduced by 18 
 
 McCumber, Mr. , speech on Senate bill 569 518 
 
 McKinley, Mr., l)ill introduced by 16 
 
 President, message on commercial attaches 20 
 
 Measurement 163 
 
 appendix for use in foreign ports 170 
 
 of foreign vessel 170 
 
 immigrant 396 
 
 licensed vessel 161 
 
 net tonnage 167 
 
 vessels 156 
 
 penalty for false 187 
 
 Mediation Commission, Commissioner of Labor and Chairman Interstate 
 
 Commerce Commission to form 63 
 
 Medical attendance for immigrant steerage passengers 291 
 
 seaman 292 
 
 vessels of Bureau of Fisheries 153 
 
 Coast and Geodetic Survey 102 
 
 See also Hospital. 
 
 Medicine chest 226 
 
 Mediterranean passport 187 
 
 Meetings of Light-House Board 66 
 
 Memphis, Tenn. , merchandise destined for 278 
 
 Merchandise, annual statement of, by Bureau of Statistics 110 
 
 bond of, for reexport 270 
 
 bonded, unlawful removal of 288 
 
 definition of 268 
 
 delivered in various districts 271 
 
 destination of 274 
 
 entry of 268 
 
 at special ports 277 
 
 for different ports of destination 281 
 
 on Lake Champlain 281 
 
 foreign coastwise 302 
 
 forfeiture of, for violating coasting laws 311 
 
 illegal unlading of 282 
 
 immediate exportation of 309 
 
 improperly lading and storing of 230 
 
 in bulk 270, 274 
 
 coasting trade • 296 
 
 inspection of, laden for export 271 
 
 inspector of customs to accompany 277 
 
686 ALPHABETICAL INDEX 
 
 Page 
 
 Merchandise, inward manifest of 274 
 
 list of ports for immediate transportation of 367 
 
 manifest of coasting vessel touching at foreign ports 302 
 
 on licensed vessel under 20 tons 307 
 
 of British North America, special provisions for 302 
 
 on Great Lakes, inward manifest of 297 
 
 or coasting trade, transfer of 298 
 
 outward manifest of 300 
 
 permit to discharge 301 
 
 to be discharged by day 301 
 
 post entry of 286 
 
 quarantine of 318 
 
 seizure of, for violating revenue laws 260 
 
 in Alaska 316 
 
 time limit for unlading 285 
 
 transfer of duty-i:)aid, for export 271 
 
 imported 271 
 
 transit of, in Alaskan trade 298 
 
 transportation of foreign coastwise 302 
 
 imlading of, by day 283 
 
 from vessel in distress 283, 286 
 
 vessel with domestic 307 
 
 Merchant, Chinese 397, 402, 407 
 
 defined in Chinese exclusion law 402 
 
 seaman. See Seaman. 
 
 Method < if enrollment and license of vessel 180 
 
 Mexico, citizens of, exempt from head-tax 382 
 
 commerce with 296 
 
 engagement of seaman in trade with 196 
 
 immigrants from 392 
 
 immigration through 392 
 
 Meyer, Mr. , bill introduced by 19 
 
 Michigan Lake, trade on {see also Great Lakes) 301 
 
 Militia duty, pilot and seamen exempt from 189 
 
 Miller, Mr. , bills introduced by 15, 18 
 
 Minority report on Senate bill 569 547 
 
 Misprision of felony 245 
 
 Mississippi River, coasting laws of 307 
 
 Commission 102 
 
 inspection of boiler on 127 
 
 merchandise destined for ports and tributaries of 278 
 
 penalty for failure to comply with requirements as to 
 
 steamboats on 147 
 
 rule of road on 353 
 
 Moieties, customs laws 264 
 
 Money, export of 255 
 
 Money, Mr. , speech on Senate l)ill 569 505 
 
 Morris, Gouverneur, proposed Department of Commerce and Finance 8 
 
 Mortality, census schedules of 87, 88 
 
 Mortgage of vessels 177 
 
 Mount Vernon Convention 7 
 
 Murch, Mr., l)ills introduced Ijy 14, 15 
 
 Muster of seaman on return to United States 194 
 
 Mutiny 245 
 
ALPHABETICAL INDEX 687 
 
 N 
 
 Page 
 
 Name of seaman 189 
 
 vessel, change of lnt>, 1()2, 186 
 
 to l)e marked 142, 162 
 
 Nashville, Tenn. , nuTchandise destined for 278 
 
 National Bureau of Standards. See Standards, Burean of. . 
 
 Naturalization of Chinese prohibited 409 
 
 immigrant ^ 893 
 
 seaman 189 
 
 Naval officer acting as consul o60 
 
 duties of 370 
 
 Navigation, aids to. See Light-House Board. 
 
 Bureau of, history of 154 
 
 jurisdiction of, transferred 26, 30 
 
 law of ' 156-380 
 
 location of 23 
 
 transfer of, in House I'eport 538 
 
 Commissioner of 156 
 
 Deputy Commissioner of 157 
 
 Navy Department, establishment of 9, 423 
 
 scientific and statistical work of, transfer authorized 31 
 
 officers, employment of, in Coast and Geodetic Survey 99 
 
 Fisheries _ 147 
 
 ration 220 
 
 standard of provisions on immigrant vessel 291 
 
 to enforce seal fisheries law 38, 43 
 
 Nelson, Mr., bill introduced by 21 
 
 speech on Senate bill 569 427, 441, 449, 491 
 
 Net or register tonnage 167, 169 
 
 Neutrality 319 
 
 New Albany, Ind. , merchandise destined for 278 
 
 New Brunswick, Me. , vessels with products of, may be permitted to lade or 
 
 unlade in United States j. 304 
 
 Newcastle, Me. , merchandise destmed for 280 
 
 Newfoundland, engagement of seaman in trade with 196 
 
 vessel with products of, may be permitted to lade or unlade 
 
 in United States 304 
 
 New Orleans, La. , merchandise to be entered at, for transportation to ports 
 
 and places on IMississippi and tributaries 278 
 
 New River, N. C. , vessels documented at Wilmington 184 
 
 Newton, Mr. , proposes home department 10 
 
 "New York" and "Paris," act admitting 250 
 
 Bay anchorage grounds 316 
 
 Nitroglycerin, transportation of 143, 144 
 
 penalty for illegal 138 
 
 North American Commercial Company, contract with, for fur seals on 
 
 Pril)ilof Islands 35-37 
 
 Northern, Northeastern, aixl Northwestern frontiers, vessel in foreign trade 
 
 or otherwise than by sea to be enrolled and licensed 160 
 
 See aho Great Lakes. * 
 
 Nova Scotia, vessel with products of, may be permitted to lade or unlaile in 
 
 United States i 303 
 
 Numbering of vessels, official 161 
 
688 ALPHABETICAL INDEX 
 
 O 
 
 Page 
 
 Oath, Alaska seal agents empowered to administer 47 
 
 of master 253 
 
 and owner 268 
 
 of ownership on entry 256 
 
 Ofl&cer and crew of passenger steamers 135 
 
 Chinese exclusion, on duty in Washington 410 
 
 I'ustoms 360-375 
 
 defined 146 
 
 duration of license of 146 
 
 liability of, for failure to perform duty 319 
 
 licensed 128, 132 
 
 acting as pilot 130 
 
 altering license 131 
 
 appeal in cases of suspension, revocation, or refusal to issue 
 
 license 132 
 
 duty to aid steamboat inspector 118 
 
 exempt from draft during war 147 
 
 failure to employ 128 
 
 report accident and injuries* 131 
 
 investigation of incompetency or misconduct of 132 
 
 liability of, in case of explosion, fire, or collision 142 
 
 oath and perjury of 130, 131 
 
 of merchant vessel 1 88 
 
 steamboat 146 
 
 drafted in war, subject to pension law 147 
 
 to assist in inspection 131 
 
 tugboat and freight boat 1 24 
 
 vessel of United States 159, 188 
 
 to make oath 130 
 
 penalty. See Penalty, Navigation, Bureau of, and Steamboat 
 Inspection Service. 
 
 qualifications of 129 
 
 refusal to serve 131 
 
 renewal of license when absent 131 
 
 suspension or revocation of license of 125 
 
 temporary service of alien as - 188 
 
 substitute for 135 
 
 to exhibit license 131 
 
 include engineer 188 
 
 revenue-cutter 220 
 
 Offices transferred, speech of Mr. Nelson on 449 
 
 Omaha, Nebr. , merchandise destined for 278 
 
 O'Neill, Mr. , bills introduced by 16, 18 
 
 Open vessels 166 
 
 Opinions of Attorney-General (m Department of Commerce and labor 34 
 
 Organic law of Department of Commerce and Labor 24 
 
 Organization ceremonies 23 
 
 Orth, Mr. , bill introduced by 13 
 
 Osborne, Mr., bills introduced by 17, 21 
 
 Outward manifest 253 
 
 form of 254 
 
 on vessel on Great Lakes 300 
 
ALPHABETICAL INDEX 689 
 
 Page 
 
 Overstreet, Mr., speech on S. 569 621 
 
 Owner, change of, of vessel 176 
 
 definition of 189 
 
 HabiUty of, in case of fire or collision 142 
 
 may ship seaman in certain cases 190 
 
 oath of, necessary for registry 171 
 
 of steamboat may be alien resident '. 160 
 
 vessel of United States must be citizen 159, 1 71, 250 
 
 penalty. /See Penalty Navigation Bureau of, and Steamboat Inspection 
 Service. 
 
 port of 172 
 
 removal of master by 188 
 
 to countersign certificate of measurement 163 
 
 obtain copy of sliipping articles 195 
 
 Oyster vessel, crew of 125 
 
 Paducah, Ky. , merchandise destined for 278 
 
 Pag-e, Mr., ])ill introduced by 15 
 
 Palatka, Fla. , merchandise destined for 277 
 
 Panama, Isthmus of, transit of 311 
 
 Papers, deposit of, of vessel 257, 258, 259 
 
 Parkersburg, W. Va. , merchandise destined for .' 278 
 
 Partial payment for work on vessel 70 
 
 Passeng-er accommodations, to l)e inspei'ted 122 
 
 act of 1882 288 
 
 death of 294 
 
 liability to, for damages 142 
 
 list 135 
 
 of immigrants 293 
 
 manifest 274 
 
 permit to land on Great Lakes 301 
 
 steam vessel, inspection of 135 
 
 Passports, war documents and sea letters 258 
 
 Patent Office, debate on transfer of 440, 450 
 
 Pauper immigrant prohil)ited 383 
 
 Peddie, Mr. , lull introduced by 14 
 
 Penal tonnage taxes 234, 297 
 
 Penalty, Alaska lisheries, false oath as to number of seals taken 42 
 
 killing fur-bearing animals 38, 42, 43, 44, 46, 48 
 
 unlawful fishing 47 
 
 Census, Bureau of the, corporations or persons refusing to give infor- 
 mation 93 
 
 employees of, communicating informatinn un- 
 lawfully 92 
 
 improper use of frank 94 
 
 receiving fee for appointing employees 92 
 
 Coast and Geodetic Survey {see also Light-House Board ) 102 
 
 Corporations, Bureau of, corporation, officer, or agent violating law. 58 
 
 failure to comply wi\h its law 51 
 
 obey subpcena of 52, 57 
 
 writs of injunction of 55 
 
 27628—04 44 
 
690 ALPHABETICAL INDEX 
 
 Penalty — Continued. P,ijje 
 Immigration, Bureau of, advertising j)romising employment to im- 
 migrant •. 884 
 
 altering or forging certificate _ . 403, 405, 408 
 
 ' landing aliens at unlawful time or place -. 388 
 
 Chinese 405, 406, 409, 410, 411, 412 
 
 prohibited classes of persons 383, 
 
 384, 385, 393 
 
 violating naturalization law 393 
 
 Light-House Board, false lights 75 
 
 injuring public works 76 
 
 Navigation, Bureau of: 
 
 assaulting or obstructing officer 1 88 
 
 breach of duty, seaman's 214 
 
 collector of customs, violation of registry law 186 
 
 consul, delivering ship's papers before master has clearance . . . 257 
 
 > failure to require payment to discharged seaman 200 
 
 false measurement 1 87 
 
 fisherman deserting or breaking contract 197 
 
 illegal boarding of vessel 259 
 
 sale of vessel to alien 1 78 
 
 shipment of seaman 1 59 
 
 impersonating shipping commissioner 159 
 
 libel for 264 
 
 master carrying seaman without agreement 192, 197 
 
 committing act endangering vessel or passenger 214 
 
 death of passenger 294 
 
 discrepancy between cargo and manifest 286 
 
 engaging seaman unlawfully 193 
 
 failure to carry medicines, antiscorbutics, and slop chest. 226 
 
 carry provisions and water 224, 225 
 
 deliver manifest 279, 298 
 
 exhibit enrollment and license 185 
 
 furnish medical attention 292 
 
 give seaman proper certificate of discharge 199 
 
 keep log book properly 228 
 
 weights and measures to determine quan- 
 tity of food and water for seaman 226 
 
 notify seaman of law prohibiting wearing of 
 
 sheath knife 214 
 
 observe law relating to crew list 195 
 
 regulations concerning seaman dying 
 
 at sea 210 
 
 obtain clearance 253 
 
 l)apers 272 
 
 permit to carry imported merchandise 
 
 in coasting trade 272 
 
 post shipping agreement 192 
 
 produce crew 194 
 
 manifest 276 
 
 pn )vide substitute f( ir deserter 1 93 
 
 register vessel 256 
 
 report change of master 1 77, 183 
 
 surrender document or temporary register 173, 
 
 179,182 
 
ALPHABETICAL INDEX 691 
 
 Penalty — Continued. Page 
 Navigation, Bureau of — Continued, 
 master^c'ontinued. 
 
 failure to transport destitute seaman 208. 
 
 false manifest 275 
 
 oath 172 
 
 fishing vessel carrying foreign merchandise. . : 256 
 
 insufficientdisciplineand cleanlinesson immigrant vessel 292 
 
 obstructing boarding officer . ^ ., 260 
 
 overcrowding immigrant vessel 289 
 
 refusal to deliver certificate of registry 1 72, 1 73, 175 
 
 unlawful change t)f name of vessel 162 
 
 departure 282 
 
 discharge of seaman •. 199 
 
 transportation of animals or explosives 293 
 
 imlading 283 
 
 violation immigrant ship law 295 
 
 law as to papers of crew 195 
 
 license or oath 180 
 
 requirements as to bills of lading 231 
 
 not incurred for substantial compliance with form 268 
 
 offense against law of registry, enrollment, or license 187, 188 
 
 officer, false registry, enrollment, or license 187 
 
 receiving illegal fees 186 
 
 shipping seaman without agreement 192 
 
 violating inland rules of road 335 
 
 St. Marys River navigation law 358 
 
 owner, failure to carry medicines, antiscorbutics, and slop chest. 226 
 
 deliver certificate of registry 179 
 
 mark vessel properly 162 
 
 observe regulations in regard to seaman dying 
 
 at sea 210 
 
 register 256 
 
 report change of master 183 
 
 show name and home port on vessel 162 
 
 false oath 171 
 
 fishing vessel carrying foreign merchandise 256 
 
 insufficient discipline on immigrant vessel 292 
 
 or agent refusal to deliver certificate of registry . . 172, 173, 175 
 
 unlawful change of name of vessel 162 
 
 violation of requirements as to bills of lading. . 231 
 
 unlawful discharge of seaman 199 
 
 violation of oath 180 
 
 procedure in cases not otherwise provided for 215 
 
 receiving remuneration for providing seaman with employment. 205 
 
 seaman, absent without leave 212 
 
 carrying sheath knife 214 
 
 Secretary of Commerce and Labor may remit or regulate 30, 
 
 175, 180, 214, 252, 262, 312, 314, 315, 316 
 
 shipping inflammable articles 230 
 
 smuggling 213 
 
 soliciting lodgers 207 
 
 unseaworthiness 221 
 
 vessel failure to carry official number on main beam 161 
 
 deliver manifest in Great Lakes and coasting trade 298 
 
692 ALPHABETICAL INDEX 
 
 Penalty — Continued. Page 
 Navigation, Bureau of — Continued, 
 vessel— continued. 
 
 failure to show net tonnage 170 
 
 fraudulently obtaining certitieate of registry, enrollment, 
 
 and license 187 
 
 importation of foreign goods in certain foreign 249 
 
 shipping seaman without agreement 192 
 
 violating coasting law 310 
 
 violation of allotment note of wages of seaman 205 
 
 Statistics, Bureau of, transportation company's failure to deliver 
 
 manifest 109 
 
 Steamboat-Inspection Service, carrying, packing, or shipping dan- 
 gerous articles . . 136, 137, 138,143, 144, 145 
 
 counterfeiting stamps 126 
 
 employing unlicensed officer 128 
 
 failure to keep life-saving ajspliances. . 139, 
 
 140, 141 
 
 passenger list 135 
 
 make repairs 133 
 
 fatal explosion 144 
 
 improper construction of boiler 125 
 
 ineligible person acting as steamboat 
 
 inspector 121 
 
 master, failure to report accidents 131 
 
 or officer altering license 131 
 
 overcrowding a passenger 
 
 steamer 135 
 
 obstruction of safety valves 128 
 
 officer and owner causing loss of life. . 144 
 
 for perjury 131 
 
 violation of requirements as to Missis- 
 sippi River steam vessel 147 
 
 See also, Forfeiture. 
 
 Pension of licensed officer killed or wounded during war 147 
 
 Perishable merchandise, seizure of 262 
 
 Perjury, penalty of licensed officer for 131 
 
 Permanently established, Bureau of the Census 82 
 
 Permit of vessel to touch and trade 302 
 
 Petersburg- or Richmond, Va. , clearance from 281 
 
 merchandise destined for 279 
 
 Petroleum, use of, as fuel 137, 138 | 
 
 Pettus, Mr. , speech on Senate bill 569 491, 525 ! 
 
 Phelps, Mr. , 1 )ill introduced by 15 ' 
 
 Philippine Islands, census of 86, 95 ! 
 
 Chinese immigration to 399, 400 ; 
 
 coasting trade with 237 ; 
 
 manifest in trade with 255 I 
 
 regulations as to vessels of 237 
 
 Philipps, Mr., 1)111 introduced by 19 
 
 Photograph of ChincHe laborer 402 ' 
 
 Physical examination of aliens l)y Marine- Hospital Service 385, 386, 387 
 
 Pier-heads to he marked 74 ! 
 
 Pile, Mr. , bill introduced by 13 
 
 Pilot laws '. 296 ! 
 
 L 
 
ALPHABETICAL INDEX 693 
 
 Page 
 
 Pilot, license of, on Hteam vessels 128 
 
 licensed -96 
 
 master or mate may act as 130 
 
 on ferryboat, canal boat, yacht, ( )r launch 124 
 
 qualifications of 130 
 
 of I'nited States vessel must be citizen 159, 188 
 
 State regulation of 130 
 
 suspension or revocation of license of 130 
 
 to control enrolled steam vessel 116 
 
 {See also Licensed officer.) 
 
 Pinckney, Mr. , at Constitutional Convention 8 
 
 Piracy 322-324 
 
 Pittsburg, Pa. , merchandise destined for 278 
 
 Place of registry 172 
 
 Platforms of parties, referring to Department of Commerce and Labor. 560, 561, 567 
 
 Piatt, Mr. , bill introduced by 20 
 
 Police control of immigrant 392 
 
 Polygamous immigrant prohibited 383 
 
 Population, census schedules of 87, 88 
 
 Porcupine River, trade on 309 
 
 Portage Lake ship canals, lights on 73 
 
 Portland, Oreg. , clearance from 281 
 
 merchandise destined for 280 
 
 Port defined 268 
 
 {See also Home port.) 
 
 Ports, immediato transportation 367 
 
 list of customs 361 
 
 of entry 268 
 
 Port Jefiferson, N. Y. , merchandise destined for 280 
 
 vessels may be documented at 184 
 
 Porto Rico, Chinese immigration to 399 
 
 establishment of ports and subports in 369 
 
 law extended to .,. 282 
 
 lights, Light-House Board 77 
 
 manifest in trade with 255 
 
 preliminary entry of vessel in 282 
 
 regulations as to vessels of 237 
 
 Post entry of merchandise destined for export 271 
 
 to inward manifest 286 
 
 Postage rates on packet ship 376 
 
 Posting immigrant laws by carriers 395 
 
 license of steamboat - 131 
 
 oflScer's license 131 
 
 passenger act 292 
 
 provisions of steamboat law 142 
 
 Postmaster-General enters Cabinet 9 
 
 Post-Office Department established 10, 423 
 
 scientific and statistical work of, transfer of, to De- 
 partment of Commerce and Labor authorized 31 
 
 Powers of Commissioner of Corporations 49, 52 
 
 immigration officers 390 
 
 Secretary of Commerce and Labor. See Commerce and Labor, 
 Secretary of. 
 
 Pi actice, pleadings, and forms, Light-House Board 74 
 
694 ALPHABETICAL INDEX 
 
 Page 
 
 Precaution against Are, nteamhoat 135 
 
 Preliminary entry of vessel 282 
 
 President authorized to appoint Light-House Board 66 
 
 cause survey of coasts 99 
 
 have pubHc vessels cruise in Bering Sea and arrest 
 
 violators of law 44 
 
 have public vessel cruise to aid navigation 220 
 
 issue proclamation warning persons against violation 
 
 of Alaska fisheries law 44 
 
 retaliation proclamation 247 
 
 procure assent of State legislatures for erection of 
 forts, magazines, arsenals, and other needful 
 
 buildings 72 
 
 prohibit export of coal and war materials 221 
 
 provide for suppression of piracy 322 
 
 suspend free passage of foreign vessels through St. 
 
 I Marys Falls Canal ... i 248 
 
 operation of tonnage tax law 233, 234 
 
 transfer statistical or scientific work to Department 
 
 of Commerce and Labor 31 
 
 Pressure of steam allowable 127 
 
 Pribilof Islands, Fish Commissioner to investigate seal life on 151 
 
 killing of fur seals on 38, 44, 45 
 
 lease of fur-seal rights on, by Secretary of Commerce and 
 
 Labor 45 
 
 regulations as to maintenance and education of natives of, 
 
 by Secretary of Commerce and Labor 46 
 
 reservation for Government purposes 44 
 
 seal fisheries of 41 
 
 spirituous liquors prohibited to natives of 45 
 
 Prince Edward Island, vessel with products of, may be permitted to lade 
 
 or unlade in the United States 303 
 
 Printing and engraving for Coast and Geodetic Survey 101 
 
 appropriation for Department 32 
 
 bulletins of Commissioner of Labor 64 
 
 Bureau of Fisheries 152 
 
 Bureau of the Census 85 
 
 Light-House Board 77 
 
 of notice and bulletins to mariners may be authorized by Secretary 
 
 of Commerce and Labor 101 
 
 reports of Commissioner of Labor *- . - . 64 
 
 Fish Commissioner 152 
 
 statistical abstracts, and reports. Bureau of Statistics 108, 112 
 
 Privacy on immigrant ships 292 
 
 Private secretary to Assistant Secretary of Commerce and Labor 31 
 
 Secretary of Commerce and Labor 31 
 
 Privileged Chinese 397 
 
 Privileges at immigrant stations 391 
 
 Prize may be registered 160 
 
 Procedure, Bureau of Corporations 58 
 
 Chinese exclusion 403 
 
 for enforcing penalties and forfeitures under acts relating to mer- 
 chant seaman 215 
 
 violation of revenue law 266 
 
ALPHABETICAL INDEX 095 
 
 }*age 
 
 Procedure in case of tines, penalties, and ft irfeitnres 263 
 
 ininiiiirant eases 391 
 
 Property of Bnrean of Labor, in eliar^e of Coniniissioner 61 
 
 Department of ('onmierce and Labor, in charge of Secretary 29 
 
 Light-house ] >oard may ) )e sold 77 
 
 Prostitute immigTant prohibiteil 383 
 
 Protection against tire on steamboats ,., 135 
 
 Province of Bureau of Corporations 49 
 
 manufactures 59 
 
 standards 416 
 
 statistics 106 
 
 Department of Commerce and Labor 25 
 
 Provisions, complaint of seaman 200 
 
 for crew 224 
 
 innnigrant steerage passengers 291 
 
 inspection of 222 
 
 legal scale of, for seaman 217 
 
 penalty for insufficient 225 
 
 seaman's right to, begins 202 
 
 Prussia, duties on vessels of 235 
 
 Public Health, and Marine-Hospital Service, debate on transfer of 443,538 
 
 expense of 71 
 
 maintained by tonnage 
 
 duty 233 
 
 vessel exempt from entry 272 
 
 Punishment of seaman 212 
 
 Q,ualifications of licensed officers 129, 130, 188 
 
 Quarantine, immigration suspended because of 395 
 
 of cargo 318 
 
 vessels 317 
 
 from the Philippines 238 
 
 Quarles, Mr. , speech on Senate bill .569 470 
 
 Quarters for offices transferred to Department of Commerce and Labor after 
 
 J u 1 y 1 , 1 903 33 
 
 Quincy, 111. , merchandise destined for 278 
 
 B 
 
 "Railroad" and "transportation" defined 50 
 
 iron, special entry of *. . 270 
 
 Randolph, Mr. , at Annapolis convention 8 
 
 Rations for seamen 217, 220 
 
 Reagan, Mr. , bill introduced by 17 
 
 Real estate may be sold by Secretary of Commerce and Labor 73 
 
 Reasons for new Department, in debate , 534 
 
 Reclassification of bureaus, ni debate 533 
 
 Record of American-built vessel owned by aliens 185 
 
 mortgage and bill of sale of vessel 177 
 
 Records of Eleventh Census transferred from Department of Interior to Cen- 
 sus Office 95 
 
 transferred, in charge of Secretary of Commerce and Labor 27 
 
 Refund of fine, penalty, or forfeiture 314 
 
 tonnage tax 316 
 
696 ALPHABETICAL INDEX 
 
 Page 
 
 Refusal of master and officer to serve, penalty for 131 
 
 Beg-attas, special rules for 358 
 
 Register, change to enrollnient 179 
 
 custody and surrender of 175 
 
 form of 173 
 
 not to issue to steam vessels until inspected 1-43 
 
 of seaman 189 
 
 temporary, of vessel 172 
 
 to be produced before entry 257 
 
 corporation 175 
 
 foreign-built steainships 250 
 
 tonnage, definition of 164 
 
 method of ascertaining 163 
 
 See also Certificate of. 
 
 Registered vessel, definition of 160 
 
 in coasting trade 308 
 
 Registration of C'liinese laborer 397 
 
 in Philippines and Porto Rico 400 
 
 ships, Bureau of, proposed. 15 
 
 vessels 159, 160 
 
 Registry blanks and certificates 174 
 
 bond 1 79 
 
 carpenter's certificate necessary to .' 171 
 
 oath of owner necessary for 171 
 
 law 160, 171 
 
 admitting Paris and New York 250 
 
 offenses against 186 
 
 seizure for violation of 261 
 
 of Hawaiian vessel 237 
 
 Porto Rican vessel 237 
 
 whaling vessel 160 
 
 outside of district 184 
 
 owner's oath of 171 
 
 penalty for false 187 
 
 resisting 188 
 
 place of 172 
 
 Regulations and agents, Chinese exclusion 399 
 
 forms, Chinese exclusion 405 
 
 as to entry and clearance 253, 259 
 
 by Light-house Board 67 
 
 Secretary ot Commerce and Labor. See Commerce and Labor, 
 Secretary of. 
 
 for Commissioners of Immigration 390 
 
 seal fisheries, by President 39 
 
 Reinspection of steam vessel 133 
 
 Remission or regulation of fines, penalties, and forfeitures 30, 314 
 
 in certain cases 175, 180, 252, 316 
 
 for violation of revenue law 262, 
 
 267, 268, 314 
 See also Penalty. 
 
 Removal of master by owner 188 
 
 Rent, ajJi)roiiriation for 32 
 
 Rented quarters 29, 33 
 
 Repair of vessel on Great Lakes 299 
 
ALPHABETICAL INDEX 697 
 
 Page 
 
 Repair of vessel, i)eniilty fur failure in 133 
 
 Repeal of t-ensus law 85. S6, 95 
 
 immijiratiou law 392 
 
 laws iiu'onsii?tent with act of Fe])ruary 14, 190;5. 30 
 
 Report, annual and special to Congress by Secretary of Commerce and Labor. 29, 111 
 Bureau of Fisheries, of expenditures for propagation of food fishes . . 152 
 
 Labor 62, 63 
 
 distribution of 64 
 
 Navigation 156 
 
 Standards 417 
 
 Statistics 106, 107, 110, 111 
 
 Bureau of the Census 88 
 
 Coast Survey 100, 101 
 
 House, on Senate l)ill 569 531 
 
 of citizens of United States in China to Chinese Government 398 
 
 collector of customs to Bureau of Statistics 109 
 
 Commissioner of CoriJorations 413, 418 
 
 governor of Alaska to Congress as to killing of fur-bearing animals . 47 
 
 Shipping Commissioner 157 
 
 Supervising Inspector of Steamboats 118 
 
 violation of revenue laws 266 
 
 wrecks 312 
 
 Senate, on Senate bill 569 422 
 
 to Bureau of Corporations 51, 56 
 
 Reports of court decisions paid for out of immigrant fund 382 
 
 Research, privileges of, in Department 153 
 
 Resisting- ofBcer 188 
 
 Retaliation on vessels of British America 248 
 
 proclamation, penalty for violation of 248 
 
 tolls, St. Marys Falls Canal, determined by the President 248 
 
 Return of aliens unlawfully brought 388 
 
 Chinese laborer 403-405 
 
 destitute seaman 200, 202, 208 
 
 seaman to United States 208 
 
 Revenue-Cutter Service, debate on transfer of 443, 537 
 
 Fisheries, Bureau of, to be aided by 152 
 
 lights on vessels of 344 
 
 officersof 220 
 
 to enforce seal-fishery laws 38, 43 
 
 suits, procedure in 266 
 
 "Review of World's Commerce" 1 113 
 
 Revised Statutes, table of, included in this compilation 717 
 
 Reward. See Informer's award. 
 
 Rhode Island coasting trade 308 
 
 Richardson, Mr. , of Alabama, speech on Senate bill 569 551, 646 
 
 views of, on Senate bill 569 547 
 
 Richmond, Va. , clearance from 281 
 
 merchandise destined for 279 
 
 Ridgely, Mr. , bill introduced by 21 
 
 Rise of Department of Commerce and Iiabor 7 
 
 River navigation in fog 140, 357 
 
 rule of road on 335 
 
 Roberts, Mr., bills introduced bv 20,21 
 
698 » ALPHABETICAL INDEX 
 
 Page 
 
 Rosecrans, Mr. , bill introduced l)y 16 
 
 Round trip, eiifj;a^enient, of seuniau lor - - li*-, 15*3 
 
 Rule of the road, future eonniderution of International 'A'Ab 
 
 < Treat Lakes and St. Lawrence Kiver, rules of 1895 .'^46 
 
 inland rulen of 1 897 335 
 
 international rules of 1897 324 
 
 lines limiting application of international and inland 
 
 rules 344-346 
 
 Red River of the North and rivers emptying into (tuU" of 
 
 Mexico 353 
 
 to prevent collisioun 324-358 
 
 Russell, Mr., bill introduced by 14 
 
 S 
 
 Safety valves 123, 128 
 
 Saginaw range lights 73 
 
 Sailing rules 332,340,350,356 
 
 Sailor. Sfe Seaman. 
 
 Sail vessel, license of master and chief mates on {see also Vessels) 129 
 
 Salaries in Department of Commerce and Labor 31 
 
 debate on 607 
 
 Salem County, N. J. , vessels docuuientetl at Camden 184 
 
 Sale ( )f vessel 176, 183 
 
 Salmon fisheries of Alaska 35-48 
 
 inspectors 48 
 
 Saloon stores on Great Lakes vessel 299 
 
 Salt, special entry of 270 
 
 unlading of 274, 285 
 
 Salvage, seaman's rights in 201 
 
 Schedules, Census 83, 84 
 
 to be left at special port 278 
 
 Schirm, Mr. , bill introduced by 21 
 
 Scientific work transferred to Department of Commerce and Labor. 31 
 
 Sea letters 187, 258 
 
 Seal and salmon iisheries of Alaska 35-48 
 
 transferred to Department of Commerce 
 
 and La])or 35 
 
 contract with North American Commercial Company 35-37 
 
 Fish Commissioner to investigate life of, on Pribilof Islands and in Bering 
 
 Sea 151 
 
 fisheries of Alaska and North Pacific 38, 41 
 
 importation of skins of Alaskan, prohibited 39 
 
 regulations reexamined every five years 41 
 
 revenue tax on skins of, from Pribilof Islands 46 
 
 right of search 38 
 
 violation of laws for protection of, where prosecuted 39 
 
 of Bureau of Corporations 56 
 
 the Census 94 
 
 Department of Commerce and Labor 25 
 
 Sealing packages by boarding officer 260 
 
 Seaman, al)andonnient of 245 
 
 agreement 190 
 
 allotment of wages 204, 205 
 
ALPHABETICAL INDEX 699 
 
 Page 
 
 Seaman, arbitration l)eforc Hhi})pin^ coinniist^ioner 207 
 
 cared for l)y l*iil)iic 1 lealtli and l\Iarine-Hosi)itiil Service 71 
 
 clothinjj; for 226 
 
 complaint of provisions, nnseaworthiness, or cruelty abroad 200 
 
 consul to supervise shipment and discharge of, abroad 193, 859 
 
 corporal punishment of, jirohibited 214 
 
 crew, list of 193 
 
 on passenger steam vessels ' 135 
 
 deduction oi wages of 199 
 
 defined 188 
 
 desertion of 206, 212 
 
 destitute, abroad 200, 208 
 
 discharge of 199, 200 
 
 dying in United States, wages of 210 
 
 effects of deceased 209, 210 
 
 engagement and discharge of 158 
 
 in coasting or near-by foreign trade 195 
 
 fisheries 1 97 
 
 exempt from militia duty 189 
 
 failure to report for duty 197 
 
 forecastle requirements for 167 
 
 form of articles of agreement 215 
 
 discharge 218 
 
 illegal shipment of 159 
 
 ill-treatment of 125 
 
 jurisdiction over 218-220 
 
 laws relating to, in Philippine trade 238 
 
 lien on vessel 201 
 
 list of certificates of naturalization of, sent to Secretary of State 189 
 
 master to give certificate of discharge to 1 99 
 
 muster on return of, to United States 194 
 
 name and character of 189 
 
 naturalization and citizenship of 189 
 
 not to compensate consuls ,. 360 
 
 offense and punishment of 212 
 
 to be entered in log book 227 
 
 penalties and forfeitures, how recovered 215 
 
 penalty. See Penalty. 
 
 period of engagement of 192, 193 
 
 procedure for enforcing penalty and forfeiture untler laws relating to. 215 
 
 process against vessel for wages 203 
 
 provisions and water for 224 
 
 relief of American 208 
 
 return of destitute 200, 202, 208 
 
 right in salvage 201 
 
 rules of shipping agreements 191 
 
 seaworthy vessel 223 
 
 shipment of, in coasting, lake, and near-1)y foreign trade 195, 196 
 
 shipped by owner, consignee, or master 191 
 
 tobacco, blankets, and warm room for 226, 227 
 
 wages of. See Wages. 
 
 Search, aid in 260 
 
 of vessel 259 
 
700 ALPHABETICAL INDEX 
 
 Page 
 
 Search, right of, for fur seals 38 
 
 Sea stores 273 
 
 inspection of 299 
 
 on Great Lakes vessels 2i)8 
 
 Seaworthiness 221 
 
 Secretary, See name of Department. 
 
 Seizure for violation of registry or revenue law 260 
 
 of vessel and merchandise in Alaska 31(5 
 
 Selma, Ala. , merchandise destined for 277 
 
 Senate bill 569, origin of, mentioned in debate 451 
 
 prints of, in its different stages 25, 419, 544, 625, 638 
 
 introduced in Senate 419 
 
 repoi'ted to Senate 422 
 
 passed Senate 530 
 
 reported to House 531 
 
 passed House 634 
 
 conference report to House 642 
 
 Senate 644 
 
 adopted 657 
 
 approved 1 )y the President 658 
 
 Shackleford, Mr. , speech on Senate bill 569 570, 582, 594 
 
 Shanks, Mr., Ijills introduced by 13 
 
 Sheath knife, carrying of, prohibited 214 
 
 Shipbuilding 358 
 
 Shipping articles of seaman 190 
 
 commissioner 157-159 
 
 arbitration before 207 
 
 bond of 157 
 
 clerks of 158 
 
 collector of customs to act as 159 
 
 consul to act as 193 
 
 duties in regard to apprentices 158, 190 
 
 jurisdiction of 195, 196 
 
 transferred to Department of Commerce 
 
 and Labor 30 
 
 master may act as 190 
 
 rules as to shipping agreements 191 
 
 seal of 158 
 
 transferred to Department of Commerce and Labor. 26 
 
 Signal stations, Secretary of War may establish at light-houses 74 
 
 Simpson, Mr., bill introduced by 18 
 
 Size of vessel enrol led 160, 180 
 
 in foreign trade 296 
 
 Skilled Chinese labor 410 
 
 Slop chest 226 
 
 Smuggling cases, compensation in 264 
 
 definition of 265 
 
 penalty for seaman's 213 
 
 Soldier's preference in Census Office appointments 83 
 
 Soleau, William L., disbursing clerk 22 
 
 Soliciting lodgers 207 
 
 Solicitor c^f Department of Commerce and Labor 23 
 
 Sound signal. See Fog signal. 
 
 Spanish vessel in distress 287 
 
ALPHABETICAL INDEX 701 
 
 Page 
 
 Spanish vessel, privilege of in Philippines 237 
 
 Sparkman, Mr. , speech on Senate bill 569 585 
 
 Special agents, apjjropriation for, Bureau of Corporations 32 
 
 of census 83, 84, 89 
 
 Intjuiry, Board of. Immigration 385, 390 
 
 registry law 250 
 
 surveys, Coast and Geodetic 102 
 
 Specimen, Fish Commissioner authorized to take 152 
 
 Specimens of fishes to be distributed „ 153 
 
 Spooner, Mr. , speech on Senate bill 569 511 
 
 Springer, Mr. , bills introduced by 17 
 
 St. George and St. Paul Islands. See Pribilof Islands. 
 
 St. Joseph, Mo. , merchandise destined for 278 
 
 St. Lawrence River, transshipment of merchandise on 309 
 
 St. Louis, Mo. , merchandise destined for 278 
 
 St. Marys Falls Canal toll regulations 248 
 
 River, rules for 358 
 
 Stairways and deck room 140 
 
 Stamping boiler plates 126 
 
 Stanard, Mr. , bill introduced by 14 
 
 Standards, Bureau of 413-418 
 
 appointment of officers and employees of, except 
 
 Director 417 
 
 location of 23 
 
 regulations for 417 
 
 transferred to Department of Commerce and Labor . . 26 
 
 visiting committee 417 
 
 whom to aid 416 
 
 State, Department of, change of name of 10 
 
 established 7, 422 
 
 inspection law 254 
 
 pilot law 130 
 
 Secretary of, in Cabinet 8 
 
 to forward consular reports to Department of Commerce 
 
 and Labor .30 
 
 States, cession of jurisdiction over site for light-house 72 
 
 cooperation with Census Office to secure registration of vital statistics, 
 
 requested by Congress 96 
 
 regulation of traffic in nitroglycerin by , 144 
 
 Stationery, appropriation for , 32 
 
 for collectors of customs 375 
 
 Statistics, Bureau of (including Bureau of Foreign Commerce) 10.3-113 
 
 annual report by Chief of, on commerce and imvigation 
 
 of United States lOij, 107, 110, 111 
 
 location of 23 
 
 organic law establishing 106 
 
 penalty. See Penalty, Statistics, Bureau of. 
 
 provision as to publication of commercial reports . : . . 112, 113 
 
 transferred to Department of Commerce and Lalxtr 26 
 
 Census, special 84 
 
 subjects of 83, 84 
 
 coasting trade 110 
 
 consolidated in Department of Commerce and Labor 2(5, 31 
 
 Corporations, Bureau of, to compile 50 
 
702 ALPHABETICAL INDEX 
 
 Page 
 
 Statistics, of commerce between United States and its acquisitions 113 
 
 transfer to, and consolidation of, in Department of Commerce and 
 
 Labor, debate on 461-488, 595-603 
 
 Statisticians, Chief, in Bureau of the Census 82 
 
 Steamboat-Inspection Service 1 14-148 
 
 debate on transfer of 538 
 
 duties of customs officer concerning 142, 143 
 
 in Hawaii 148 
 
 location of office of 23 
 
 quarters for 34 
 
 rules of the road 324 
 
 salaries and expense of 134 
 
 transferred to Department of Commerce and 
 
 Labor 26 
 
 inspector 117 
 
 law, complaints of violation of 118 
 
 ownership of, by alien 160 
 
 penalty. See Penalty, Steam] )oat-Inspection Service. 
 See also Steam vessel. 
 
 Steam pressure 127 
 
 vessel, accommodations 140 
 
 for crew on Mississippi River 147 
 
 bond of alien owner of 160 
 
 cable of, inspection of 122 
 
 certificate of inspection of 123 
 
 coastwise, subject to inspection 1 16 
 
 definition of 115 
 
 equipment, subject to approval 142 
 
 fishing 125 
 
 foreign 148 
 
 inspection of 115 
 
 license of officer on 128 
 
 list of those not granted license, to be furnished 119 
 
 name of, to be marked 142 
 
 not to be documented until inspected 143 
 
 of United States 146 
 
 owner may be alien 160 
 
 passenger 135, 140 
 
 regulations of 116 
 
 transportation of nitroglycerin, etc 143 
 
 subject to provisions of inspection 115, 124, 125 
 
 to be anchored when navigation is unsafe 140 
 
 watchman required on 138 
 
 Steerage passengers, accommodations for 288 
 
 Steering and sailing rules 332, 339, 349, 356 
 
 Stewart, Mr. , views of, on Senate bill 569 546 
 
 Stikine River, transshipment of merchandise on 309 
 
 Stone, Mr. , bill introduced by 14 
 
 Stowaways 192 
 
 Stress of weather, landing ("hinese in 405 
 
 Subpoena, Bureau of Corporations, penalty for failure to oliey 416 
 
 Subports, authority to establish 368, 369 
 
 list of . . ! 361 
 
ALPHABETICAL INDEX 703 
 
 Page 
 
 Sugar, inanifetst of, in foastin^ trade 303 
 
 Sulzer, Mr. , ])ills introduced by 21 
 
 speech on Senate hill 5(>9 608 
 
 Summary of exports and imports 113 
 
 ])r()ce<lnre 267 
 
 Superintendent of Coast and Geodetic Survey 100 
 
 Supervising Inspector-General of Steam Vessels 117 
 
 Inspector to rt'port violations of law 118 
 
 Inspectors of Steamhoat-Inspection Service 117,118, 120 
 
 Supervisors of Census 88, 89, 90 
 
 Surveyor of Customs 370, 371 
 
 Surveys for light-houses 72, 102 
 
 Coast and Geodetic Survey to make, on seaboard. . . 72, 102 
 
 Corps of Engineers to make, on northwestern lakes. 73, 102 
 
 Suspension of oflicer's license 129 
 
 T 
 
 Tabulating devices in Census Office, adoption of 93 
 
 Tariff on ship-building material 358 
 
 Tax, revenue on sealskins from Pribilof Islands 46 
 
 Telegraph and telephone, appropriation for 32 
 
 Teller, Mr. , bill introduced by 21 
 
 speech on Senate bill 569 462 
 
 Temporary register 172 
 
 Testimony, Alaskan seal agents may take 47 
 
 Bureau of Corporations 49, 53, 57 
 
 Tiller ropes 139 
 
 Time, limit of, for unlading 285 
 
 Title four Revised Statutes amended to include Department of Commerce 
 
 and Labor 25 
 
 Tobacco for seaman 226 
 
 Toll regulations 249 
 
 Ton, definition of 164 
 
 Tonnage deck 163 
 
 gross 164 
 
 net or register 164 
 
 tax \ 232-236 
 
 certain Great Lakes vessels exempt from 273 
 
 discriminating 234 
 
 final decision as to 236 
 
 penal 234, 297 
 
 Tourist, Chinese 397, 407 
 
 Towing boat. Hee Tug. 
 
 Townshend, Mr. , bill introduced by 17 
 
 Tracy, Mr. , l)ill introduced by 19 
 
 Tracy, Mr. Thos. F. , mentioned in debate 563 
 
 Trade and touch, fishing vessel j^ermit to 2^6 
 
 change of 179 
 
 Relations, Bureau of 30 
 
 salaries for Bureau of 30, .34 
 
 with acquisitions - 236 
 
 Sec (//.fo Cf)mmerce. 
 Transfer of Bureaus and Oflices to Department of Commerci' and i-abor (.sw 
 
 also Htlrs of offices) 26 
 
704 ALPHABETICAL INDEX 
 
 Transfer of employees and jurisdiction to Department of Commerce and 
 
 Labor 29, 30 
 
 imported merchandise for export 271 
 
 sea stores and e(|uipments l)et\veen vessels of same owner 273 
 
 vessel 176, 183 
 
 Transportation and railroads defined 50 
 
 companies restricted 384 
 
 of immigrant, prepayment of, jDrohibited • 383 
 
 nitroglycerin with passengers, penalty for 138, 144 
 
 Travelers or tourists, Chinese 407 
 
 Traveling expenses, census 93 
 
 Treasury Department, establishment of 7, 423~ 
 
 importance of commercial liranch of 7 
 
 offices of, not transferred to Conunerce and Lalior . . 434 
 
 Secretary of the, in the Cabinet 8 
 
 jurisdiction over commerce 11 
 
 may establish life-saving stations at light-houses. 74 
 remit fines, penalties, and forfeitures. 262,267,314 
 
 officers of customs appointed by 372 
 
 to award compensation to informers in cases of 
 
 violation of revenue laws 264 
 
 detail Revenue Marine to aid fishery investiga- 
 tion 152 
 
 refund duties on repairs to Great Lakes vessels in 
 
 distress 300 
 
 transfer employees 33 
 
 Treaty with Great Britain concerning fur seals 39-41 
 
 Trial, place of, for crimes at sea 244 
 
 Trout, Alaska salmon, regulations as to catching 47-48 
 
 Trusts, statistics of articles produced by 62 
 
 See also Corporations, Bureau of. 
 
 Tug, inspection of ] 24 
 
 on Great Lakes 301 
 
 penalty for towing foreign, in coasting trade 310 
 
 Tutuila 238 
 
 17 
 
 Undermanning 135, 193, 222 
 
 Underway, definition of 324, 335, 347 
 
 Undocumented vessel 161 
 
 United States courts, petition to, by Bureau of Corporations 54 
 
 definition of, in inmiigration law 392 
 
 vessel, assistance by 220 
 
 Unlading by day 2S3 
 
 night 283 
 
 illegal 282 
 
 penalty for 283 
 
 limit of time for 285 
 
 vessel in distress 286 
 
 Unla-wful dei)arture 282 
 
 fishing 47 
 
 Unseaworthy vessel 221 
 
ALPHABETICAL INDEX 705 
 
 V 
 
 Page 
 
 Vessel {see also Steam vessel ) 159 
 
 American. See Vessel of the tjnited States. 
 
 American-built, owned by alien, record and certificate of 185 
 
 anchorage grounds for "^16 
 
 apprentices 190 
 
 boarding of - — 259 
 
 bound to port of entry 269 
 
 certificate of measurement of 163 
 
 registry, cancellation of 179 
 
 custody and surrender of 175 
 
 See also Registry. 
 
 certifications by customs ofticers 183 
 
 change of build of 176 
 
 master of 176, 177, 183 
 
 or name of 162, 186 
 
 name of 156, 162 
 
 owner of 176, 183 
 
 >. trade of ' 179 
 
 i clearance of 253, 254, 301 
 
 ■■ coastwise and fishing, may be enrolled and licensed 253 
 
 consul's services to 359 
 
 crew accommodations on 167 
 
 list for clearance 193 
 
 customs laws relating to 259 
 
 deductions from net tonnage of 168-169 
 
 definition of 159, 189 
 
 discriminating duties 250 
 
 tonnage taxes 2.34 
 
 ■ discrimination against American 246 
 
 " on Canadian canals 248 
 
 documents of 171-188 
 
 draft of, to be marked ! 163 
 
 duration of license of 182 
 
 » enrollment and license of 160 
 outside of district 1 84 
 
 special provisions for 1 84 
 
 to corporations 1 82 
 
 entry of 257,268 
 
 oath of ownership on 256 
 
 exempt from charges 273 
 
 entry 272 
 
 measurement 1 70 
 
 tonnage tax 233 
 
 fees for enrollment and license 180 
 
 method of payment to Government officials 239 
 
 of diplomatic and consular officers 359 
 
 fishing, permit to touch and trade 256 
 
 foreign-built. Secretary of Commerce and Labor to grant register to. . . 250 
 
 entered at port of entry 269 
 
 importation of foreign goods in 249 
 
 forfeited, may be registered 1 60 
 
 forfeiture of. See Forfeiture. 
 
 form of enrollment of 1 80 
 
 27628—04 45 
 
706 ALPHABETICAL INDEX 
 
 Vessel, form of register of 173 
 
 report and manifest of lading 254 
 
 Great Lakes, repairs on 299 
 
 in Alaskan and insular trade, manifests of lading and clearance of. . . 255 
 
 coasting trade, agreement -with seaman of 196 
 
 distress, cargo of 286, 287 
 
 inspection, enrollment and license of 185 
 
 seaworthiness of 222 
 
 inspectors to accompany . ." 277 
 
 liability for fish caught in 198 
 
 of owner, master, and shijiper 228 
 
 lil:)el bond by owner of 232 
 
 licensed, manifest in coasting trade 306 
 
 record to be kept by collectors 182 
 
 license of, lo.-'s or surrender of 182 
 
 light, may l)e replaced by permanent structures 75 
 
 money 235 
 
 list of crew of, sailing to foreign port to be certified by collector of 
 
 customs 193 
 
 log book, requirements as to 227 
 
 loss of register of 178 
 
 measurement of 156, 163-170 
 
 mortgage and bill of sale of 177 
 
 name of 162 
 
 officers of, aliens permitted to act as, in emergency 188 
 
 <lefined (.sec also Officer) 188 
 
 official nundier 161' 
 
 of Fish Commission, status of, with Navy Department 147 
 
 Light-House Establishment, expense of 69 
 
 partial payment for work on 70 
 
 United States, definition of 159 
 
 discrimination against 246 
 
 officers of ( see also Officer) 188 
 
 owner and master of, must be citizens 171 
 
 under foreign flag during rebellion, how registered. 159 
 
 open , ^66 
 
 payment of fees accrued on 255 
 
 penalties on. See Penalty. 
 
 preliminary entry of 282 
 
 process against, for wages 203 
 
 Prussian, duties on 235 
 
 public, to assist vespf ' • in distress 220 
 
 quarantine of 317 
 
 record of American-built, owned by alien 185 
 
 registry of. See Registry; also Register. 
 
 ^ regulations as to papers relating to crew of 1 94, 195 
 
 retaliation on vessels o^ British America 248 
 
 sale or transfer of 1 76, 183 
 
 seaman's lien for wages on 201 
 
 search of 259 
 
 seizure of, for violating revenue laws 260 
 
 in Alaska 316 
 
 or merchandise 260 
 
 size of enrolled 160, 180 
 
ALPHABETICAL INDEX 707 
 
 Page 
 
 Vessel, 8ize < )f in foreign trade 296 
 
 slop I'hest, regulations as to 226 
 
 Spanish, duties on 235 
 
 in distress 287 
 
 steam. See Steam vessel. 
 
 tariff provisions dirfectl y relating to 299, 358 
 
 tomiage charges on, by consuls when tout'hing at Canadian ports 236 
 
 taxes 232-236 
 
 alien 235 
 
 decision of Commissioner of Navigation as to, linal 236 
 
 undermanning of 193 
 
 undocumented 161 
 
 with products of Canada, New Brunswick, Nova Scotia, Newfound- 
 land, or Prince Edward Island permitted to lade or unlade in United 
 
 States 303 
 
 wrecked in Uniteil States may l)e documented 160 
 
 wrecking, American, in waters of Canada 313 
 
 Canadian, in American waters 313 
 
 Vest, Mr. , speech on Senate bill 569 457 
 
 Vicksburg-, Miss. , merchandise destined f(^r 279 
 
 Vinegar 226 
 
 Vining, Mr. , jjroposes Home Department 10 
 
 Visible, definition of, in Rules of the Road 324, 335, 347 
 
 Visiting- Committee to Bureau of Standards 417, 418 
 
 W 
 
 Wag-es, allotment of 204 
 
 arl)itration of, before shipping commissioner 207 
 
 deductions from 199 
 
 disposition of forfeited 213 
 
 exempt from attachment 206 
 
 forfeiture of, for failure to join. 197, 198 
 
 proceed 223 
 
 in case of discharge from unseaworthy vessel 223 
 
 wreck 223 
 
 of seaman 201 
 
 deceased 209 
 
 payable in gold 202 
 
 payment of 196 
 
 in foreign, Atlantic, and Pacific trade 199 
 
 rules with respect to settlement of 201 
 
 when vessel sold abroad '. 200 
 
 War Department established 7, 422 
 
 scientific and statistical work of, may be transferred 31 
 
 documents of vessel 258 
 
 materials 221 
 
 Secretary of, may estal^lish signal stations at !'lght-houses 74 
 
 to remove persons found unlawfully on Pribilof Islands 44 
 
 vessel exempt from entry 272 
 
 Warm room and woolen clothing for seaman 227 
 
 Warner, Mr. , bill introduced by 14 
 
 Warning-, - nblication of, in newspaj^ers against killing fur-liearing animals 
 
 in Bering Sea 44 
 
708 ALPHABETICAL INDEX 
 
 Page 
 
 Washing'ton, establishment of subports in , 369 
 
 ■Washington, George 7, 8 
 
 first Cabinet 8 
 
 Monnt Vernon Convention 7 
 
 recommends promotion of commerce 9 
 
 "Watchman on steam vessel 138, 139 
 
 "Watch officer. Sef Officer. 
 
 "Water-closet on immigrant vessel 290 
 
 for crew 224 
 
 tight bulkhead 141 
 
 "Watson, Mr. , bill introduced by 19 
 
 "Weather, stress of, landing Chinese in 405 
 
 "Weaver, Mr. , bill introduced by 17 
 
 "Webster, Daniel, recommends additional department 10 
 
 "Weig'hts and measures to determine quantity of food and water furnished 
 
 seaman, penalty for failure to keep 226 
 
 "West Indies, engagement of seaman in trade with 196 
 
 "Whaling- vessel to be registered 160 
 
 "Wharfage in Alaska 316 
 
 "Wheeling, "W. "Va. , merchandise destined for 278 
 
 "White House, temporary headquarters at 22 
 
 "Willard Building, headquarters of Department of Commerce and Labor 22 
 
 "Willis, Mr. , bill introduced by 16 
 
 "Windom, Mr. , bill introduced by 14 
 
 "Wire tiller and bell pulls required for passenger steamers 139 
 
 "Witness, Bureau of Corporations 49, 57, 58 
 
 Courts to compel 52 
 
 imuumity of, before Commissioner of Corporations; 57 
 
 in foreign country, Bureau of Corporations 53 
 
 Wong Wing v. United States 400 
 
 "Wood, Mr., bill introduced by -• 16 
 
 "Woods, Mr. , 1 )ill introduced 1 )y 21 
 
 "Woodworth, Mr. , 1)ill introduced by 13 
 
 "Wool, unlading of 274, 285 
 
 "Woolen clothing for seamen 227 
 
 "Wooten, Mr. , speech on Senate bill 569 575, 586 
 
 "Wrecks 312 
 
 Light-house Board to mark 75 
 
 penalty for failure to report 312 
 
 Yacht 252 
 
 exempt from forecastle law ' 167 
 
 regulation of, at regattas 358 
 
 steam, inspection and licensed officers of 124 
 
 Young, Mr. , bills introduced l)y 14,15 
 
 Yukon River transportation regulated by Secretarj' of Commerce and Labor. 309 
 
INDEXES 
 
 TABLE OF SECTIONS OF THE REVISED STATUTES, WITH PAGE 
 OF THIS VOLUME ON WHICH THEY MAY BE FOUND 
 
 Paqe of 
 this vol. 
 
 .... 159 
 
 .... m 
 
 .... Ill 
 
 .... 74 
 
 .... Ill 
 
 .... 103 
 
 .... Ill 
 
 .... 101 
 
 .... 106 
 
 .... 106 
 
 .... 106 
 
 !... 108 
 
 .... 110 
 
 .... 110 
 
 .... no 
 
 .... Ill 
 
 .... Ill 
 
 72 
 .... 244 
 .... 232 
 .... 69 
 .... 360 
 .... 220 
 .... 220 
 .... 221 
 .... 359 
 .... 359 
 .... 112 
 .... 112 
 .... 359 
 .... 360 
 .... 360 
 .... 360 
 .... 319 
 .... 319 
 . . . . 72 
 .... 236 
 . . . . 43 
 .... 316 
 . . . . 44 
 .... 44 
 .... 44 
 .... 45 
 . . . . 45 
 . . . . 45 
 . . . . 45 
 . . . . 46 
 .... 46 
 46 
 
 Page of 
 SecHoti. this vol. 
 
 1970 46 
 
 1971 46 
 
 1973 46 
 
 1974 46 
 
 1975 47 
 
 1976 47 
 
 2158 410 
 
 2159 411 
 
 2160 411 
 
 2161 411 
 
 2162 411 
 
 2163 411 
 
 2164 412 
 
 2174 189 
 
 2497 249 
 
 2502 J. 250 
 
 2513 358 
 
 2520 280 
 
 2524 280 
 
 2537 280 
 
 2540 280 
 
 2554 281 
 
 2581 2.S0 
 
 2588 280 
 
 2589 : 281 
 
 2590 280 
 
 2621 369 
 
 2622 370 
 
 2623 370 
 
 2624 370 
 
 2625 370 
 
 2626 370 
 
 2627 371 
 
 2628 371 
 
 2629 372 
 
 2630 372 
 
 2631 372 
 
 2632 372 
 
 2633 372 
 
 2634 372 
 
 2635 372 
 
 2636 373 
 
 2637 373 
 
 2638 373 
 
 2639 373 
 
 2640 374 
 
 2641 374 
 
 2642 374 
 
 2643 r... 374 
 
 Pacie of 
 Section. tliisrol. 
 
 2644 374 
 
 2615 375 
 
 2646 375 
 
 2647.. 375 
 
 2648 375 
 
 2759 220 
 
 2760 220 
 
 2761 220 
 
 2766 268 
 
 2767 268 
 
 2768 268 
 
 2769 268 
 
 2770 268 
 
 2771 269 
 
 2772 t... 269 
 
 2773 270 
 
 2774 269 
 
 2775 270 
 
 2776 270 
 
 2777 270 
 
 2778 271 
 
 2779 271 
 
 2780 271 
 
 2781 272 ' 
 
 2782 272 
 
 2783 272 
 
 2784 272 
 
 2790 257 
 
 2791 272 
 
 2792 272 
 
 2793 273 
 
 2795 27? 
 
 2796 273 
 
 2797 : 273 
 
 2798 273 
 
 2806 274 
 
 2807 .' 274 
 
 2808 274 
 
 2809 275 
 
 2810 275 
 
 2811 275 
 
 2812 275 
 
 2813 276 
 
 2814 276 
 
 2815 276 
 
 2816 277 
 
 2817 277 
 
 2818 277 
 
 2819 277 
 
 709 
 
710 
 
 INDEXES 
 
 Tnhle of sections of tlw Rei'ised Statutes, etc. — Continued 
 
 Page of 
 Section. this vol. 
 
 2820 277 
 
 2821 277 
 
 2822 278 
 
 2823 278 
 
 2825 278 
 
 2826 281 
 
 2827 281 
 
 2828 282 
 
 2829 278 
 
 2830 282 
 
 2832 279 
 
 2833 279 
 
 2834 277 
 
 2830 279 
 
 2867 282 
 
 2868 283 
 
 2872 283 
 
 2873 283 
 
 2874 284 
 
 2878 284 
 
 2879 284 
 
 2880 285 
 
 2881 285 
 
 2883 285 
 
 2887 286 
 
 2891 286 
 
 2892 287 
 
 2893 287 
 
 2894 287 
 
 2895 287 
 
 2896 287 
 
 2967 281 
 
 2969 285 
 
 2998 288 
 
 2999 311 
 
 3035 271 
 
 303G 271 
 
 3059 259 
 
 3067 260 
 
 3068 260 
 
 3069 260 
 
 3070 ...\ 284 
 
 3071 260 
 
 3072 260 
 
 3073 261 
 
 3074 261 
 
 3075 261 
 
 3076 261 
 
 3077 262 
 
 3078 262 
 
 3079 262 
 
 3080 262 
 
 3081 263 
 
 3083 263 
 
 3084 263 
 
 3085 264 
 
 308C 263 
 
 3087 264 
 
 3088 264 
 
 3089 261 
 
 3094 268 
 
 3095 296 
 
 3096 297 
 
 3097 297 
 
 Page of 
 Section. this vol. 
 
 3098 297 
 
 3099 298 
 
 3109 298 
 
 3110 297 
 
 3111 298 
 
 3112 299 
 
 3113 299 
 
 3114 299 
 
 3115 300 
 
 3116 300 
 
 3117 300 
 
 3118 300 
 
 3119 301 
 
 3120 301 
 
 3121 301 
 
 3122 301 
 
 3123 301 
 
 3124 302 
 
 3125 302 
 
 3125 302 
 
 3127 302 
 
 3128 302 
 
 3129 303 
 
 3648 70 
 
 3685 69 
 
 3977 375 
 
 3987 376 
 
 3988 376 
 
 4015 * 376 
 
 4079 ;... 218 
 
 4080 219 
 
 4081 219 
 
 4131 159,188 
 
 4132 160 
 
 4135 159 
 
 4136 160 
 
 4137 175 
 
 4138 175 
 
 4139 175 
 
 4141 172 
 
 4142 171 
 
 4143 171 
 
 4144 172 
 
 4146 175 
 
 4147 171 
 
 4148 163 
 
 4149 163 
 
 4150 163 
 
 4151 164 
 
 4152 170 
 
 4153 164, 165, 166, 169 
 
 4154 _..... 170 
 
 4155 '..... 173 
 
 4156 174 
 
 4157 174 
 
 4168 174 
 
 4159 172 
 
 4160 172 
 
 4161 172 
 
 4162 173 
 
 4163 173 
 
 4164 176 
 
 4165 160 
 
 4166 176 
 
 Page of 
 Section. tlmvol. 
 
 4167 178 
 
 -1168 178 
 
 41G9 179 
 
 4170 176 
 
 4171 176 
 
 4172 178 
 
 4173 256 
 
 4174 179 
 
 4175........' •... 179 
 
 4176 174 
 
 4177 161 
 
 4178 162 
 
 4179 162 
 
 4180 185 
 
 4181 185 
 
 4182 185 
 
 4183 186 
 
 4184 186 
 
 4187 186 
 
 4188 187 
 
 41S'J 187 
 
 419U 187 
 
 4191 187 
 
 4192...^. 177 
 
 4193 ...*. 177 
 
 4194 177 
 
 4195 178 
 
 4196 178 
 
 4197 253 
 
 4198 253 
 
 4199 254 
 
 4200 254 
 
 4201 254 
 
 4202 254 
 
 4204 255 
 
 4205 255 
 
 4206 255 
 
 4207 255 
 
 4208 281 
 
 4209 257 
 
 4210 257 
 
 4211 257 
 
 4213 257 
 
 4214 252 
 
 4215 252 
 
 4216 252 
 
 4217 252 
 
 4218 252 
 
 4219 233,235 
 
 4220 234 
 
 4221 234 
 
 4222 236 
 
 4225 235 
 
 4226 256 
 
 4226 236 
 
 4227 232 
 
 4228 234 
 
 4229 235 
 
 4230 235 
 
 4231 235 
 
 4232 234 
 
 4233 353,354,355,356,357 
 
 4235 296 
 
 4236 296 
 
INDEXES 
 
 Table of sccfionK of the Revised Statides, etc. — Continued 
 
 711 
 
 Page of 
 Sectimi. this vol. 
 
 4237 296 
 
 4238 313 
 
 4239 313 
 
 4240 313 
 
 4241 313 
 
 4245 "1 
 
 4250 188 
 
 4278 143 
 
 4279 1-13 
 
 4280 1-11 
 
 4281 228 
 
 4282 229 
 
 4283 229 
 
 4284 229 
 
 4285 229 
 
 4286 229 
 
 4287 230 
 
 4288 l-l-l 
 
 4288 230 
 
 4289 230 
 
 4290 227 
 
 4291 228 
 
 4292 228 
 
 4295 322 
 
 4296 322 
 
 4297 322 
 
 4298 322 
 
 4299 323 
 
 4306 258 
 
 4307 258 
 
 4308 258 
 
 4309 258 
 
 4310 259 
 
 4311 160 
 
 4312 180 
 
 4313 182 
 
 4314 183 
 
 4315 183 
 
 4316 160 
 
 4317 160 
 
 4318 100 
 
 4319 180 
 
 4320 180 
 
 4321 181 
 
 4322 179 
 
 4323 179 
 
 4324 182 
 
 4325 182 
 
 4326 182 
 
 4327 182 
 
 4328 184 
 
 4329 183 
 
 4330 299 
 
 4331 161 
 
 4332 183 
 
 4333 182 
 
 4335 183 
 
 4336 185 
 
 4337 255 
 
 4338 256 
 
 4339 160 
 
 4340 184 
 
 4341 184 
 
 4342 184 
 
 Page of 
 
 .Section. this vol. 
 
 4343 184 
 
 4344 253 
 
 4345 184 
 
 4316 184 
 
 4347 309 
 
 4348 303 
 
 4349 303 
 
 4350 304 
 
 4351 304 
 
 4352 305 
 
 4353 305 
 
 4354 306 
 
 4355 306 
 
 4356 306 
 
 4357 308 
 
 4358 236 
 
 4359 307 
 
 4360 308 
 
 4361 308 
 
 4364 256 
 
 4365 256 
 
 4366 308 
 
 4367 309 
 
 4368 309 
 
 4369 309 
 
 4370 310 
 
 4371 310 
 
 4372 310 
 
 4373. 187 
 
 4374 187 
 
 4375 , 188 
 
 4376 '. 188 
 
 4377 311 
 
 4378 311 
 
 4379 311 
 
 4380 311 
 
 4381 240 
 
 4382 ! 241 
 
 4384 180 
 
 4385 161 
 
 4391 197 
 
 4392 198 
 
 4393 198 
 
 4394 198 
 
 4395 151 
 
 4396 151 
 
 4397 151 
 
 4398 152 
 
 4399 115 
 
 4400 115 
 
 4401 116 
 
 4402 117 
 
 4403 117 
 
 4404 117 
 
 4405 117 
 
 4406 118 
 
 4407 118 
 
 4408 118 
 
 4409 118 
 
 4410 118 
 
 4411 119 
 
 4412 119,357 
 
 4413 „. 119,357 
 
 4414 119 
 
 Page of 
 
 l^ection. tliis vol. 
 
 4415 121 
 
 4416 121 
 
 4417 , 122 
 
 4418 122 
 
 4410 123 
 
 4421 123 
 
 4422 123 
 
 4423 123 
 
 4424 124 
 
 4425 124 
 
 4426 124 
 
 4427 124 
 
 4428 125 
 
 4429 125 
 
 4430 126 
 
 4431 126 
 
 4432 126 
 
 4433 127 
 
 4434 127 
 
 4435 127 
 
 4436 128 
 
 4437 128 
 
 4438 128 
 
 4439 129 
 
 4440 129 
 
 4441 129 
 
 4442 130 
 
 4443 130 
 
 4444 130, 296 
 
 4445 130 
 
 4446 131 
 
 4447 131 
 
 4448 131 
 
 4449 ;.. 131 
 
 4450 132 
 
 4451 132 
 
 4452 132 
 
 4463 133 
 
 4454 133 
 
 4455 133 
 
 4456 133 
 
 4457 134 
 
 4459 134 
 
 4460 134 
 
 4461 134 
 
 4462 135 
 
 4463 135 
 
 4464 135 
 
 4465 135 
 
 4466 135 
 
 4467 135 
 
 4468 135 
 
 4469 135 
 
 4470 135 
 
 4471 136 
 
 4472 136 
 
 4473 137 
 
 4474 137 
 
 4475 138 
 
 4476 138 
 
 4477 138 
 
 4478 139 
 
 4479 139 
 
 4480 139 
 
712 
 
 INDEXES 
 
 Table of sections of the Revised Statutes, etc. — Continued 
 
 Page of 
 Section. this vol. 
 
 4481 139 
 
 4482 139 
 
 4483 139 
 
 4484 1-40 
 
 4485 1-^0 
 
 4486 1^0 
 
 4487 IW, 35" 
 
 4488 140 
 
 4489 141 
 
 4490 Ill 
 
 4491 l-l'-i 
 
 4492 142 
 
 4493 142 
 
 4494 142 
 
 4495 142, 162 
 
 4490 142 
 
 4497 143 
 
 4498 143 
 
 4499 143 
 
 4500 143 
 
 4501 15' 
 
 4502 l'^" 
 
 4503 159 
 
 4504 159,190 
 
 4505 158 
 
 4506 158 
 
 4607 158 
 
 4508 158 
 
 4509 190 
 
 4510 190 
 
 4511 190 
 
 4512 191 
 
 4513 192 
 
 4514 192 
 
 4515 193 
 
 4516 193 
 
 4517 193 
 
 4518 193 
 
 4519 192 
 
 4520 196 
 
 4521 197 
 
 4522 197 
 
 4523 159 
 
 4524 202 
 
 4525 •. 202 
 
 4526 202 
 
 4527 202 
 
 4528 202 
 
 4529 202 
 
 4530 203 
 
 4535 201 
 
 4536... 206 
 
 4537 206 
 
 4538 209 
 
 4539 209 
 
 4540 210 
 
 4541 210 
 
 4542 210 
 
 4543 211 
 
 4544 211 
 
 4545 211 
 
 4546 203 
 
 4547 203 
 
 4648 204 
 
 Page of 
 Section. this vol. 
 
 4549 199 
 
 4550 199 
 
 4.5.51 199 
 
 4552 201 
 
 4553 201 
 
 4554 207 
 
 4555 207 
 
 4556 222 
 
 4557 222 
 
 4558 223 
 
 4559 223 
 
 4560 223 
 
 4561 223 
 
 4562 224 
 
 4563 224 
 
 4564 224 
 
 4565 224 
 
 4566 225 
 
 4567 225 
 
 4568 225 
 
 4569 2-'6 
 
 4570 227 
 
 4571 226 
 
 4572 227 
 
 4573 193 
 
 4574 194 
 
 4575 194 
 
 4576 194 
 
 4577 208 
 
 4578 208 
 
 4579 , 208 
 
 4580 199 
 
 4581 200 
 
 4582 200 
 
 4.583 200 
 
 4588 189 
 
 4591 189 
 
 4594 158 
 
 4.595 159 
 
 4596 212 
 
 4597 213 
 
 4600 206 
 
 4602 214 
 
 4603 204 
 
 4604 203 
 
 4605 204 
 
 4606 259 
 
 4607 207 
 
 4608 214 
 
 4610 215 
 
 4611 214 
 
 4612 18S, 215, 217. 218 
 
 4653 '. - . 60 
 
 4654 66 
 
 4655 66 
 
 4666 66 
 
 4657 66 
 
 4658 66 
 
 4659 67 
 
 4660 71 
 
 4661 72 
 
 4662 72 
 
 4663 72,102 
 
 4664 68 
 
 Page of 
 Section. this vol. 
 
 4665 67 
 
 4666 70 
 
 4667 70 
 
 4668 75 
 
 4609 67 
 
 4670 67 
 
 4671 68 
 
 4672 .■ 68 
 
 4673 71 
 
 4674 74 
 
 4675 73 
 
 4676 75 
 
 4677 74 
 
 4678 75 
 
 4679 68 
 
 4680 71 
 
 4681 99 
 
 4682 99 
 
 4683 99 
 
 4684 99 
 
 4685 100 
 
 4686 100 
 
 4687 100 
 
 4688 100 
 
 4689 100 
 
 4090 100 
 
 4691 .' 101 
 
 4793 317 
 
 4794 318 
 
 4795 . : 318 
 
 4796 318 
 
 4797 318 
 
 5280 206 
 
 5283 319 
 
 5289 319 
 
 5290 320 
 
 .5291 320 
 
 5292 314 
 
 .5293 314 
 
 5294 315 
 
 5295 315 
 
 5339 240 
 
 5343 241 
 
 5344 144,244 
 
 5347 144,244 
 
 5353 144 
 
 5354 144 
 
 5355 145 
 
 5358 75 
 
 6359 245 
 
 5360 245 
 
 5363 245 
 
 ,5383 323 
 
 5384 323 
 
 5390 245 
 
 5423 246 
 
 5482 126 
 
 5571 320 
 
 5572 321 
 
 5573 321 
 
 5574 321 
 
 5575 321 
 
 5576 321 
 
 5577 321 
 
 5578 322 
 
TABLE OF ACTS STJBSEQTTENT TO REVISED STATUTES 
 
 Date. 
 
 Mar. 24, 1874 . 
 Apr. 17, 1874.. 
 Apr. 18, 1874.. 
 May 7, 1874 . . 
 June 9, 1874 . . 
 June 20, 1874 . 
 
 Do 
 
 June 22, 1874 . 
 
 June 23, 1874 . 
 
 Do 
 
 Jan. 22,1875.. 
 Mar. 3, 1875 . . 
 
 Do 
 
 Do 
 
 July 12, 1876 . 
 Aug. 14, 1876 . 
 Mar. 3, 1877 . . 
 June 20, 1878 . 
 Jan. 27, 1879 . . 
 
 Do 
 
 Mar. 3, 1879 . . 
 June 28, 1879 . 
 June 30, 1879 . 
 May 31, 1880 . 
 June 16,1880. 
 Feb. 8, 1881... 
 Mar. 2, 1881 .. 
 May 6, 1882... 
 
 Aug. 2, 1882 
 
 Aug. 5, 1S,S2 
 
 Section. 
 
 Page of this 
 volume. 
 
 1,2 
 
 1,2 
 
 6 
 
 7-9 
 
 10-15 
 
 1 
 
 2 
 
 3 
 
 4,5 
 
 6,7 
 
 8,9 
 
 10,11 
 
 12,13 
 
 1 
 
 2,3 
 
 44 
 184 
 161 
 294 
 195 
 312 
 
 69 
 264 
 265 
 266 
 267 
 268 
 67, 69, 73 
 411 
 267 
 
 73 
 410 
 412 
 110 
 304-307 
 
 75 
 
 77 
 
 73 
 112 
 '' 63 
 69,73 
 102 
 161 
 152 
 
 75 
 263 
 162 
 406 
 407 
 408 
 409 
 288 
 289 
 290 
 291 
 292 
 293 
 294 
 295 
 167, 169 
 17a 
 
 Aug. 7, 1882 .. 
 
 Do 
 
 Do 
 
 Do 
 
 Jan. 16,1883-. 
 Mar. 3, 1883 . . 
 
 Do 
 
 June 26, 1884. 
 
 Do 
 
 Julv 5, 1884 . 
 
 Do. 
 
 July 7, 1884... 
 
 Do 
 
 Feb. 26, 1885. . 
 Mar. 3, 1885 . . 
 
 Do 
 
 June 19, 1886. 
 
 Page of this 
 volume. 
 
 4 
 6 
 9 
 
 10 
 11 
 12 
 13 
 14,15 
 14 
 18 
 19 
 20 
 21 
 25 
 26 
 27 
 29 
 1-5 
 6 
 
 75 
 153 
 125 
 115 
 
 158 
 
 252 
 
 152 
 
 71 
 
 188 
 
 199 
 
 223 
 
 206 
 
 208 
 
 191, 216 
 
 226 
 
 360 
 
 257 
 
 233' 
 
 235 
 
 230 
 
 192 
 
 193 
 
 162 
 
 283 
 
 315 
 
 157, 158 
 
 270 
 
 156 
 
 1.57 
 
 406 
 
 407 
 
 408 
 
 409 
 
 410 
 
 70 
 
 113 
 
 395 
 
 328 
 
 152 
 
 145, 158, 159, 
 
 177, 178, 180, 
 
 189, 192, 194, 
 
 195, 239, 255, 
 
 132,134,146 
 
 233 
 
 195 
 
 713 
 
714 INDEXES 
 
 Table of acts subsequent to Revised Statutes — Continued 
 
 June 19,1886. 
 
 July 9, 1886 . 
 
 July 26, 1886. 
 Aug. 4, 1886 . 
 Feb. 4, 1887.. 
 
 Feb. 23, 1887 . 
 Mar. 3, 1887.. 
 
 Do 
 
 Jan. 20. 1SS8 . 
 Apr. 4, l.sss .. 
 
 May 16, 1888 . 
 June 13, 1888. 
 
 Do 
 
 Do 
 
 June 18, 1888. 
 Aug. 1, 1888.. 
 Sept. 13, 1888 
 
 Oct. 18, 1888 . . 
 Mar. 2, 1889 .. 
 
 Do 
 
 Do 
 
 May 24, 1890 . 
 June 10,1890. 
 
 June 2.i, 1890 . 
 Aug. 19, 1890 . 
 
 Aug. 28, 1,S90 . 
 Aug. 30, 1890 . 
 Sept. 4, 1890 . . 
 
 Do 
 
 Dee. 22, 1890.. 
 Feb. 10, 1891.. 
 
 4 
 
 5 
 6 
 7 
 8 
 9 
 11,12 
 13 
 14 
 16 
 17 
 IS 
 
 1,'-' 
 3 
 
 6 
 
 10 
 
 12 
 
 13 
 
 14,16 
 
 17-20 
 
 1.3 
 1-6 
 
 7,8 
 9 
 
 f),6 
 
 8-11 
 13, 14 
 
 Page of this 
 volume. 
 
 230 
 
 169 
 
 161 
 
 310 
 
 309 
 
 315 
 
 233 
 
 226 
 
 122 
 
 355 
 
 246 
 
 208 
 
 125 
 
 141 
 
 67,77 
 
 101 
 
 50 
 
 51 
 
 51 
 
 52 
 
 53 
 
 54 
 
 56 
 
 395 
 
 247 
 
 152 
 
 151 
 
 132, 
 
 134,145,233 
 
 316 
 
 61 
 
 62 
 
 63 
 
 112 
 
 74 
 
 403 
 
 404 
 
 405 
 
 406 
 
 138 
 
 140 
 
 72 
 
 51,52,54,56 
 
 313 
 
 239 
 
 264 
 
 146 
 
 324, 327-330, 
 
 332, 333, 357 
 
 369 
 
 100 
 
 324 
 
 246 
 
 124 
 
 416 
 
 Feb. 21, 1891. 
 
 Mar. 3, 1891 . 
 Apr. 11,1892. 
 Apr. 12, 1892. 
 May 5, 1892 . 
 
 May 10,1892 
 
 July 16,1892 
 July 26, 1892 
 
 Aug. 5, 1892 . 
 Feb. 6, 1893. . 
 Feb. 11, 1893. 
 Feb. 13, 1893. 
 
 Feb. 15,1893. 
 
 Do 
 
 Feb. 21, 1893. 
 Ma,T. 3, 1893 . 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Nov. 3, 1893 . 
 
 Dec. 7, 1893.. 
 Jan. 22, 1S94 . 
 Mar. 17, 1894 
 Apr. 4, 1894.. 
 Apr. 6, 1894.. 
 
 May 5, 1894 . 
 May 28, 1894 
 
 June o, 1894 . 
 July 31, 1894. 
 Aug. 13, 1894 
 Aug. 18, 1894 
 Aug. 27, 1894 
 
 Dec. 8, 1894.. 
 Dec. 15, 1894. 
 Jan. 12, 1895 . 
 
 1,7 
 
 6 
 7 
 8 
 1 
 2,4 
 1 
 
 1 
 2-5 
 6,7 
 
 1 
 
 2,4 
 
 5-10 
 
 11,12 
 
 Page of this 
 volume. 
 
 73, 76, 89 
 89 
 
 162 
 163 
 394 
 141 
 153 
 400 
 401 
 402 
 403 
 250 
 261 
 274 
 285 
 109 
 248 
 249 
 152 
 317 
 57 
 230 
 231 
 
 309 
 
 395 
 
 39 
 
 354 
 
 395 
 
 313 
 
 109 
 
 151 
 
 401 
 
 402 
 
 403 
 
 126 
 
 396 
 
 403 
 
 39 
 
 41 
 
 42 
 
 43 
 
 70 
 
 327, 
 
 328, 333, 334 
 
 282 
 
 373 
 
 828 
 
 395 
 
 358 
 
 250 
 
 396 
 
 315 
 
 112 
 
 101 
 
INDEXES 
 
 715 
 
 Table of acts subsequent to Rei'ised Statutes — Continued 
 
 Date. 
 
 Jan. 12, 1895. 
 Jan. 16, 1895. 
 
 Feb. 8, 1895.. 
 
 Feb. 18, 1895. 
 
 Feb. 19, 1895. 
 Feb. 28, 1895. 
 Mar. 1,1895 . 
 
 Mar. 2, 1895 
 
 Do 
 
 Do 
 
 Do 
 
 Dec. 18, 1S95 . 
 Feb. 5, 1896.. 
 Mar. 2, 1896 . 
 Mar. C, 18C6 . 
 Mar. 16, 1896 
 Apr. 20, 1896 . 
 May 9,1896.. 
 May 19,1896. 
 May 22, 1896. 
 May 28, 1896. 
 
 June 10, 1896 . 
 Do 
 
 June 11, 1896. 
 Jan. IS, 1897.. 
 Jan. 20, 1897.. 
 
 Feb. 5, 1897. 
 
 Feb. 15, 1897 
 
 Mar. 3, 1897 
 
 Do 
 
 1 
 2-4 
 
 1-3 
 
 1,2 
 1,3 
 
 Page of this 
 volume. 
 
 152 
 
 64 
 
 174 
 
 175 
 
 252 
 
 252 
 
 180 
 
 181 
 
 346 
 
 3.52,355,357 
 
 192, 
 
 195, 196, 206 
 
 344 
 
 127 
 
 115,117,119 
 
 120 
 
 119 
 
 373 
 
 394 
 
 165 
 
 166-168 
 
 170 
 
 113 
 
 335 
 
 315 
 
 358 
 
 368 
 
 ■ 101 
 
 285 
 
 3.58 
 
 368 
 
 129 
 
 146) 159 
 
 188 
 
 331 
 
 369 
 
 316 
 
 124 
 
 162 
 
 163 
 
 233, 252 
 
 117,121 
 
 158 
 
 144 
 
 147, 167 
 
 193, 194 
 
 210 
 
 355 
 
 211 
 
 196 
 
 160 
 
 312 
 
 355 
 
 356 
 
 357 
 
 Date. 
 
 Mar. 3, 1897 
 
 June 7, 1897 
 
 July 24, 1897 
 
 Do 
 
 Dee. 29, 1897. 
 
 Feb. 17, 1898. 
 
 Mar. 9, 1898 . . 
 Apr. 21, 1898.. 
 Apr. 22, 1898.. 
 June 1, 1898 . . 
 June 17, 1898 . 
 July 1, 1898 . . 
 July 7, 1S98 . . 
 Dee. 21, 1898.. 
 
 Do 
 
 Mar. 3, 1899 
 Do 
 
 Section. 
 
 Page of this 
 volume. 
 
 1-8 
 9,10 
 1-3 
 
 4 
 
 3,4 
 
 5,6 
 
 7,8 
 
 9-11 
 
 11 
 
 12 
 
 13, 14 
 
 15 
 
 16-18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 4 
 
 1 
 
 2,3 
 
 3 
 
 1,5 
 
 6,7 
 
 9,10 
 
 11 
 
 12 
 
 148 
 
 277 
 
 278 
 
 273 
 
 244 
 
 191 
 
 335 
 
 337, 342 
 
 335 
 
 335, 338 
 
 353 
 
 359 
 
 250 
 
 249 
 
 250 
 
 231,286 
 
 38 
 
 39 
 
 309 
 
 298 
 
 113 
 
 120 
 
 221 
 
 63 
 
 102 .,153 
 
 64 
 
 410 
 
 193 
 
 197 
 
 202 
 
 203 
 
 222 
 
 223 
 
 221 
 
 224 
 
 225 
 
 227 
 
 200 
 
 212 
 
 213 
 
 206 
 
 214, 245 
 
 217 
 
 204, 216 
 
 191,196 
 
 122 
 
 128 
 
 54, 56, 129 
 
 44 
 
 316 
 
 86 
 
 87 
 
 88 
 
 89 
 
 90 
 
716 
 
 INDEXES 
 
 Table of acts subsequent to Revised Statutes — Continued 
 
 Date. 
 
 Mar. 3, 1899 
 
 Do. 
 
 Do. 
 Do. 
 
 Apr. 11, 1899. 
 Feb. 4,1900.. 
 Feb. 19, 1900. 
 
 Mar. 23, 1900. 
 Mar. 31, 1900. 
 Apr. 12, 1900. 
 
 Apr. 30, 1900. 
 
 May 31, 1900 
 June 2,1900. 
 June 6,1900. 
 
 Do 
 
 Do 
 
 Do 
 
 Fc.a" 1901. 
 Feb. 2;;, 1901. 
 Mar. 3, 1901 . 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Feb. 15, 1902. 
 Mar. 6, 1902.. 
 
 Section. 
 
 13-16 
 
 18-21 
 
 22-24, 
 
 26,27 
 
 28-32 
 
 33 
 
 173 
 
 174 
 
 175 
 
 176-178 
 
 179, 180 
 
 181-183 
 
 14,16 
 17 
 
 Page of this 
 volume. 
 
 1,2 
 1,2 
 
 1-4 
 5-10 
 1-3 
 
 91 
 92 
 93 
 
 93 
 
 94 
 
 95 
 
 43 
 
 316 
 
 316 
 
 44 
 
 47 
 
 48 
 
 232 
 
 237 
 228 
 328 
 338 
 131 
 259 
 369 
 237 
 148 
 
 63 
 151 
 233, 237 
 410 
 282 
 120 
 
 47 
 
 394, 410 
 
 317 
 
 64 
 137 
 125 
 416 
 417 
 4(13 
 
 64 
 153 
 369 
 100 
 116 
 
 82 
 
 83 
 
 Date. 
 
 Mar. 6, 1902 
 
 Mar. 8, 1902 .. 
 Mar. IS, 1902 . 
 Apr. 29, 1902. . 
 
 Do 
 
 June 13, 1902 . 
 June 24, 1902. 
 
 June 28, 1902 . 
 
 Do 
 
 June 30, 1902 . 
 July 1, 1902 . . 
 
 Do 
 
 Do 
 
 Do 
 
 Jan. 12, 1903.. 
 Jan. 21, 1903.. 
 Feb. 9, 1903... 
 Feb. 11, 1903.. 
 Feb. 14, 1903.. 
 
 Feb. 19,1903. 
 Feb. 25, 1903. 
 Mar. 3, 1903 . 
 
 Do. 
 Do. 
 Do. 
 
 Section. 
 
 8-10 
 
 11,12 
 
 3 
 
 1-4 
 '4 
 1 
 2 
 
 84 
 
 1-3 
 
 4 
 
 5-6 
 
 6 
 
 7 
 
 8,9 
 
 10,11 
 
 12,13 
 
 1-3 
 
 1 
 2-4 
 5-8 
 9-12 
 13,14 
 15-17 ' 
 18,19 
 20-22 
 23-25 
 26-30 
 31-33,3.5-37 
 38, 39 
 7,33 
 
 Page of this 
 volume. 
 

 14 DAY USE 
 
 ^RETURN TO DESK FROM WHICH BORROWED 
 
 DOCUMENTS DEPT. 
 
 This book is due on the last date stamped below, or 
 
 on the date to which renewed. 
 
 Renewed books are subject to immediate recall. 
 
 APR 1 5 1962 
 
 MAY 1 3 1962 
 
 FEB 1 "^ 1967 
 
 LD 21-50m-6,'59 
 (A2845sl0)<l76 
 
 General Library 
 
 University of California 
 
 Berkeley 
 
'D 3i>UI,L