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Second. For incidental expenses, including rents, cable and telegraph service, supplies, stationery and printing, and actual necessary traveling expenses in the United States (including rent of the Panama Canal building in the District of Columbia, $7,500, textbooks and books of reference, $1,000, and additional compensation to the Auditor for the War Department for extra services in auditing accounts of the Isthmian Canal, $1,000), $50,000.
Third. For pay of members of the commission and officers and employees on the Isthmus, other than skilled and unskilled labor, including civil engineers, superintendents, instrumentmen, transitmen, levelmen, rodmen, draftsmen, timekeepers, mechanical and electrical engineers, quartermasters, clerks, accountants, stenographers, storekeepers, messengers, office boys, foremen and subforemen, wagon masters, watchmen, and stewards, including those temporarily detailed for duty away from the Isthmus, in the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, and for those employed in connection with the preservation of plans, drawings, and other records, $3,000,000: Provided, That not more than $5,000 of this appropriation shall be paid as compensation to the secretary of the commission.
Fourth. For skilled and unskilled labor on the Isthmus, including engineers, conductors, firemen, brakemen, electricians, teamsters, cranesmen, machinists, blacksmiths, and other artisans, and their helpers; janitors, sailors, cooks, waiters, and dairymen, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, $11,000,000.
Fifth. For purchase and delivery of material, supplies, and equipment, including cost of inspecting material and paying traveling expenses incident thereto, whether on the Isthmus or elsewhere, and such other expenses not in the United States as the Commission deems necessary to best promote the construction of the Isthmian Canal, including not exceeding $50,000 for the payment of damages caused to the owners of private lands, or private property of any kind, by reason of the grants contained in the treaty between the United States and the Republic of Panama proclaimed February twenty-sixth, nineteen hundred and four, or by reason of the operations of the United States, its agents or employees, or by reason of the construction, maintenance, operation, sanitation, and protection of the said canal or of the works of sanitation and protection therein provided for, which may be compromised by agreement between the claimant and the chairman of the commission without the intervention of a joint commission, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, and for a permanent administration building, $12,000,000.
Sixth. For miscellaneous expenditures, cable and telegraph service, stationery and printing, local railway transportation, special trains, including pay-train service; transportation of currency to the Isthmus, recruiting and transporting laborers, transporting employees from the United States, repatriating laborers and employees, actual necessary traveling expenses while on the Isthmus on official business; expenses incident to conducting hearings and examining estimates for appropriations of the Isthmus, and all other incidental and contingent expenses not otherwise provided for, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, $790,000.
Seventh. For pay of the member of the Commission in charge of the depart, ment of civil administration, of officers and employees, other than skilled and unskilled labor, including foremen, subforemen, watchmen, messengers, and storekeepers, of the departments of civil administration and law, including those necessarily and temporarily detailed for duty away from the Isthmus, $500,000;
Eighth. For skilled and unskilled labor for the department of civil administration, $15,000;
Ninth. For material, supplies, equipment, construction and repairs of buildings, and contingent expenses of the departments of civil administration and law, including not exceeding $500 for law books, $75,000.
Tenth. For pay of the member of the commission in charge, of officers and employees other than skilled and unskilled labor, including hospital dispensers, internes, nurses, attendants, messengers, office boys, foremen and subforemen, watchmen, and stewards, of the department of sanitation on the Isthmus, including those temporarily detailed for duty away from the Isthmus, $700,000.
Eleventh. For skilled and unskilled labor of every grade and kind, for the department of sanitation on the Isthmus, $200,000;
Twelfth. For material, supplies, equipment, construction and repairs of buildings, medical aid and support of the insane, and of indigent persons permanently disabled, while in the line of duty and in the employ of the Isthmian Canal Commission, from earning a livelihood, and contingent expenses of the department of sanitation on the Isthmus, $500,000; Provided, That no part of this appropriation shall be used for or toward the construction of a new quarantine station.
The foregoing sums, so far as necessary, shall be available for necessary dry dock, coaling plant, shops, and other facilities for repairing and supplying vessels and necessary wharves, sheds, and other terminal facilities, and for the consolidation and preservation of the files of papers and other records which have accumulated or may accumulate during the construction of the canal and needed or useful or having a permanent value or historical interest, as may be determined by the chairman of the Isthmian Canal Commission.85
In all, $28,980,000, the same to be immediately available and to continue available until expended: Provided, That all expenditures from the appropriations heretofore, herein, and hereafter made for the construction of the Isthmian Canal, including any portion of such appropriations which may be used for the construction of the necessary dry dock, coaling plant, shops, and other facilities for repairing and supplying vessels
, and all necessary wharves, sheds, and other terminal facilities, exclusive of fortifications, shall be paid from or reimbursed to the Treasury of the United States out of the proceeds of the sale of bonds authorized in section eight of the said Act approved June twenty-eighth, nineteen hundred and two, and section thirty-nine of the tariff Act approved August fifth, nineteen hundred and nine.
Except in cases of emergency, or conditions arising subsequent to and unforeseen at the time of the passage of this Act, there shall not be employed at any time during the fiscal year nineteen hundred and thirteen under any of the foregoing appropriations for the Isthmian Canal, any greater number of persons than are specified in the notes submitted respectively in connection with the estimates for each of said appropriations in the annual Book of Estimates for said year, nor shall there be paid to any of such persons during that fiscal year any greater rate of compensation that was authorized to be paid to persons occupying the same or like positions on the first day of July, nineteen hundred and ten, and all employments made or compensation increased because of emergencies or conditions so arising shall be specifically set forth, with the reasons therefor, by the chairman of the commission in his report for the fiscal year nineteen hundred and thirteen.
In cases of emergencies arising subsequent to and unforeseen at the time of submitting the annual estimates to Congress, ten per centum of the foregoing amounts shall be available interchangeably for expenditure on objects named; but not more than ten per centum shall be added to any one item of the appropriation.
No part of the foregoing appropriations for the Isthmian Canal shall be applied to the payment of allowances for longevity service, or lay-over days other than such as may have accumulated under existing orders of the commission, prior to July first, nineteen hundred and nine.
FORTIFICATIONS, ISTHMIAN CANAL.
For the foll ing for fortifications and armament thereof for the Isthmian Canal, to be immediately available and to continue available until expended, namely:
Surveys: For detailed surveys of the areas on the Canal Zone required for military purposes, including the cost of marking permanently the boundaries of such areas, $50,000;
Causeway: For the construction of a causeway or bridge for use in connection with fortifications, Isthmian Canal, $150,000;
Seacoast batteries: For construction of seacoast batteries on the Canal Zone, $1,000,000, and any balances of the appropriation for the construction of seacoast batteries on the Canal Zone made by the Act of March fourth, nineteen hundred and eleven;
Submarine mine structures: For the construction of mining casemates, cable galleries, torpedo storehouses, cable tanks, and other structures necessary for the operation, preservation, and care of submarine mines and their accessories on the Canal Zone, $220,200;
Field fortifications and camps; For the construction of field fortifications and the preparation of camp sites on the Canal Zone, $200,000;
Armament of fortifications: For the purchase, manufacture, and test of seacoast cannon for coast defense, including their carriages, sights, implements, equipments, and the machinery necessary for the manufacture at the arsenals, to cost ultimately not to exceed $2,324,000, $500,000;
Is See sec. 5, this act, p. 76.
For the purchase, manufacture, and test of ammunition for seacoast cannon, including the necessary experiments in connection therewith, and the machinery necessary for its manufacture at the arsenals, $575,000;
Submarine mines: For the purchase of submarine mines and the necessary appliances to operate them for closing the channels leading to the Isthmian Canal, $111,750;
In all, specifically for fortifications and armament thereof for the Isthmian Canal, $2,806,950.
SEC. 2. All funds collected by the government of the Canal Zone from rentals of public lands and buildings in the Canal Zone and the cities of Panama and Colon, and from the zone postal service, and from court fees and fines, and collected or raised by taxation in whatever form under the laws of the government of the Canal Zone, are hereby appropriated until and including June thirtieth, nineteen hundred and thirteen, as follows: The revenues derived from the postal service to the maintenance of that service; the remaining revenues, including any balances unexpended in prior years, after setting aside a miscellaneous and contingent fund of not exceeding ten thousand dollars, to the manitenance of the public-school system in the zone; to the construction and maintenance of public improvements within the zone; to the maintenance of the administrative districts; to the maintenance of Canal Zone charity patients in the hospitals of the Isthmian Canal Commission, and to the maintenance of administrative district prisoners. A detailed and classified statement of all receipts and expenditures without the duplication of items under this paragraph shall be submitted to Congress after the close of the fiscal year nineteen hundred and thirteen.
Sec. 3. All funds realized during the fiscal year nineteen hundred and thirteen by the Isthmian Canal Commission from the performance of services by the commission, or from rentals, or from the sale of materials and supplies under the custody or control of the commission, are appropriated for expenditure under any of the foregoing classified appropriations for the department of construction and engineering, and a full and separate report in detail of all transactions under this section shall be made to Congress.
That until the close of the fiscal year nineteen hundred and thirteen, when any material, supplies, and equipment heretofore or hereafter purchased or acquired for the construction of the Isthmian Canal is no longer needed, or is no longer serviceable, it may be sold in such manner as the President may direct, and without advertising in such classes of cases as may be authorized by him; and the President is authorized, in his discretion, to sell and convey to the Republic of Panama the building situated in the city of Panama known as “the Administration Building," together with the ground on which the same is located, for a sum of not less than $80,000, and the proceeds of such sale, if made, shall be covered into the Treasury of the United States. 86
Sec. 4. That hereafter no payments shall be made for maintenance or other charge in connection with the Toro Point Light, Isthmus of Panama, out of moneys of the United States or of the Panama Railroad Company.
Sec. 5. The chairman of the Isthmian Canal Commission is authorized to establish a division of records and, as the requirements of the service permit, to consolidate in the custody thereof the files of papers and other records which have accumulated or which may accumulate during the period of the construction of the Isthmian Canal; and he is directed to carefully preserve. properly index, and arrange for use all papers needed or useful in the transaction of current business or having a permanent value or historical interest; and he is authorized to destroy or otherwise dispose of duplications in the files and other papers which are not needed or useful in the transaction of current business and have no permanent value or historical interest and which have been recommended to him for destruction or other disposition by a committee 87 of three competent persons who have personally examined the papers and in connection with their recommendation have submitted a concise statement of the condition and character thereof.
Sec. 6. Hereafter there shall be submitted, in the annual Book of Estimates, following every estimate for a general or lump sum appropriation which exceeds $250,000 in amount, a statement showing in parallel columns:
First, the number of persons, if any, intended to be employed and the rates of compensation to each, and the amounts contemplated to be expended for each of any other objects or classes of expenditures specified or contemplated in the estimate; and
86 Acquired under Art. VIII, Hay-Varilla Treaty, p. 20. See also pp. 81 and 91-93 of Annual Report cf 1904, for other buildings belonging to Canal works locate 1 in Panama and Colon.
87 See reference to this subject in Governor's Circular No. 615 of April, 1914.
Second, the number of persons, if any, employed and the rates of compensation paid each, and the amounts expended for each other object or class of expenditures out of the appropriation corresponding to the estimate so submitted, during the completed fiscal year next preceding the period for which the estimate is submitted.
Sec. 7. No specific or indefinite appropriation made hereafter in any regular annual appropriation Act shall be construed to be permanent or available continuously without reference to a fiscal year unless it belongs to one of the following five classes: "Rivers and harbors," "lighthouses,”“fortifications," "public buildings, and “pay of the Navy and Marine Corps," last specifically named in and excepted from the operation of the provisions of the so-called "covering-in Act” approved June twentieth, eighteen hundred and seventy-four, or unless it is made in terms expressly providing that it shall continue available beyond the fiscal year for which the appropriation Act in which it is contained makes provision.
Approved, August 24, 1912. (37 Stat., 483.]
An Act To provide for the opening, maintenance, protection, and operation of the Panama Canal, and
the sanitation and government of the Canal Zone. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the zone of land and land under water of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the canal now being constructed thereon, which zone begins in the Caribbean Sea three marine miles from mean low water mark and extends to and across the Isthmus of Panama into the Pacific Ocean to the distance of three marine miles from mean low-water mark, excluding therefrom the cities of Panama and Colon and their adjacent harbors located within said zone, as excepted in the treaty with the Republic of Panama dated November eighteenth, nineteen hundred and three, 88 but including all islands within said described zone, and in addition thereto the group of islands in the Bay of Panama named Perico, Naos, Culebra, and Flamenco, and any lands and water outside of said limits above described which are necessary or convenient or from time to time may become necessary or convenient for the construction, maintenance, operation, sanitation, or protection of the said canal or of any auxiliary canals, lakes, or other works necessary or convenient for the construction, maintenance, operation, sanitation, or protection of said canal, the use, occupancy, or control whereof were granted to the United States by the treaty between the United States and the Republic of Panama, the ratifications of which were exchanged on the twenty-sixth day of February, nineteen hundred and four, shall be known and designated as the Canal Zone, 89 and the canal now being constructed thereon shall hereafter be known and designated as the Panama Canal.90 The President is authorized, by treaty with the Republic of Panama, to acquire any additional land or land under water not already granted, or which was excepted from the grant, that he may deem necessary for the operation, maintenance, sanitation, or protection of the Panama Canal, and to exchange any land or land under water not deemed necessary for such purposes, for other land or land under water which may be deemed necessary for such purposes, which additional land or land under water so acquired shall become part of the Canal Zone.91.
Sec. 2. That all laws, orders, regulations, and ordinances 92 adopted and promulgated in the Canal Zone by order of the President for the government and sanitation of the Canal Zone and the construction of the Panama Canal are hereby ratified and confirmed as valid and binding until Congress shall otherwise provide.s3 The existing courts 94 established in the Canal Zone by Executive order are recognized 88
92 All such Executive Orders are included in volume of Executive Orders relating to the Panama Canal; acts and ordinances of the Isthmian Canal Commission are published in the volume "Laws of the Canal Zone." See notes under act of April 28, 1904, p. 34.
93 See act of Aug. 21, 1916, pp. 130-131, authorizing the President to make rules and regulations affecting health, sanitation, quarantine, taxation, public roads, self-propelled vehicles, and police powers on the Canal Zone, and for other purposes.
94 District, Circuit, and Supreme Courts. The District and Circuit Courts ceased to operate on establishment of the magistrate courts and District Court provided for in secs. 7 and 8 of this act, effective Apr. 1, 1914. See Executive Order of Mar. 12, 1914 (E. 0. 163). Under sec. 13 of that order the Supreme Court continued to operate until pending business was disposed of, the docket being finally cleared as of July 1, 1914.
and confirmed to continue in operation until the courts provided for in this act shall be established.
Sec. 3. That the President is authorized to declare by Executive order that all land and land under water within the limits of the Canal Zone is necessary for the construction, maintenance, operation, sanitation, or protection of the Panama Canal, and to extinguish, by agreement when advisable, all claims and titles of adverse claimants and occupants.95 Upon failure to secure by agreement title to any such parcel of land or land under water the adverse claim or occupancy shall be disposed of and title thereto secured in the United States and compensation therefor fixed and paid in the manner provided in the aforesaid treaty with the Republic of Panama, 96 or such modification of such treaty as may hereafter be made.
Sec. 4. That when in the judgment of the President the construction of the Panama Canal shall be sufficiently advanced toward completion to render the further services of the Isthmian Canal Commission unnecessary the President is authorized by Executive Order to discontinue the Isthmian Canal Commission, which, together with the present organization, shall then cease to exist,97 and the President is authorized thereafter to complete, govern, and operate the Panama Canal and govern the Canal Zone, or cause them to be completed, governed, and operated, through a governor 98 of the Panama Canal and such other persons as he may deem competent to discharge the various duties connected with the completion, care, maintenance, sanitation, operation, government, and protection of the canal and Canal Zone.99 If any of the persons appointed or employed as aforesaid shall be persons in the miltary or naval service of the United States, the amount of the official salary paid to any such person shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of this Act.100 The governor of the Panama Canal shall be appointed by the President, by and with the advice and consent of the Senate, commissioned for a term of four years, and until his successor shall be appointed and qualified. He shall receive a salary of ten thousand dollars a year. All other persons necessary for the completion, care, management, maintenance, sanitation, government, operation, and protection of the Panama Canal and Canal Zone shall be appointed by the President, or by his authority, removable at his pleasure, and the compensation of such persons shall be fixed by the President, or by his authority, until such time as Congress may by law regulate the same, but salaries or compensation fixed hereunder by the President shall in no instance exceed by more than 25 per centum the salary or compensation paid for the same or similar services to persons employed by the Government in continental United States.tor That upon the completion of the Panama Canal the President shall cause the same to be officially and formally opened for use and operation."
Before the completion of the canal, the Commission of Arts may make report to the President of their recommendation regarding the artistic character of the structures of the canal, such report to be transmitted to Congress.
Sec. 5. Thắt the President is hereby authorized to prescribe and from time to time change the tolls 103 that shall be levied by the Government of the United States for the use of the Panama Canal: Provided, That no tolls, when prescribed as above, shall be changed, unless six months' notice thereof shall have been given by the President by proclamation. No tolls shall be levied upon vessels engaged
95 Executive Order of Dec. 5, 1912 (E. 0. 132) issued accordingly. By the Executive Order of Feb. 18, 1913 (E. 0. 133) the Sabanas area was excepted from the operation of above order, and act of June 5, 1920, p. 223, withdraws a certain tract of land in Cristobal from the operation of these orders.
96 See Art. VI, Hay-Varilla Treaty, p. 18, and notes thereunder.
97 Executive Order of Jan. 27, 1914 (E. 0. 155) established a permanent organization, and discono tinued the Isthmian Canal Commission and existing organization.
98 Sec. 7, p. 83, outlines jurisdiction and duties of the Governor of The Panama Canal. See also sec. 13, p. 87, providing for control by Army officer in time of war.
99 Outlined in Executive Order of Jan. 27, 1914, supra.
100 Same provision contained in original Canal Act, p. 38, sec. 7. See also act No. 16 of Isthmian Canal Commission (L. C. 2. 243).
101 Executive Order of Feb. 2, 1914 (E. O. 158-163), effective Apr. 1, 1914, provides conditions of employment. See also 603 series of Governor's Circulars relating to employment, transfer, and promotion. See also act of Mar. 1, 1919, p. 206, and act of May 29, 1920, p. 219, relative to bonus not applying to Panama Canal employees on the Canal Zone.
102 The Canal was informally opened to traffic in Aug., 1914, but the formal and official opening of the Panama Canal was announced by the Proclamation of the President of July 12, 1920 (T. & A. 274) in order to comply with the requirements of sec. 4 hereof.
103 Prescribed by Executive Order of Nov. 13, 1912 (E. O. 131). Rules for measurement of vessels prescribed by Executive Order of Nov. 21, 1913 (E. O. 154). Regulations relative to payment of tolls and bills in general are prescribed by Executive Order of Apr. 16, 1914 (E. O. 172).