merce Commission may, by order, extend the time during which such service by water may continue to be operated beyond July first, nineteen hundred and fourteen. In every case of such extension the rates, schedules, and practices of such water carrier shall be filed with the Interstate Commerce Commission and shall be subject to the act to regulate commerce and all amendments thereto in the same manner and to the same extent as is the railroad or other common carrier controlling such water carrier or interested in any manner in its operation: Provided, Any application for extension under the terms of this provision filed with the Interstate Commerce Commission prior to July first, nineteen hundred and fourteen, but for any reason not heard and disposed of before said date, may be considered and granted thereafter. No vessel permitted to engage in the coastwise or foreign trade of the United States shall be permitted to enter or pass through said canal if such ship is owned, chartered, operated, or controlled by any person or company which is doing business in violation of the provisions of the Act of Congress approved July second, eighteen hundred and ninety, entitled "An Act to protect trade and commerce against unlawful restraints and monopolies,' or the provisions of sections seventy-three to seventy-seven, both inclusive, of an Act approved August twenty-seventh, eighteen hundred and ninety-four, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes," or the provisions of any other Act of Congress amending or supplementing the said Act of July second, eighteen hundred and ninety, commonly known as the Sherman Antitrust Act and amendments thereto, or said sections of the Act of August twenty-seventh, eighteen hundred and ninety-four. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or by the Attorney General of the United States.

That section six of said Act to regulate commerce, as heretofore amended, is hereby amended by adding a new paragraph at the end thereof, as follows:

"When property may be or is transported from point to point in the United States by rail and water through the Panama Canal or otherwise, the transportation being by a common carrier or carriers, and not entirely within the limits of a single State, the Interstate Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by water, which may or do engage in the same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten:

"(a) To establish physical connection between the lines of the rail carrier and the dock of the water carrier by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the dock to the limits of its right of way, or by directing either or both the rail and water carrier, individually or in connection with one another, to construct and connect with the lines of the rail carrier a spur track or tracks to the dock. This provision shall only apply where such connection is reasonably practicable, can be made with safety to the public, and where the amount of business to be handled is sufficient to justify the outlay.

"The commission shall have full authority to determine the terms and conditions upon which these connecting tracks, when constructed, shall be operated, and it may, either in the construction or the operation of such tracks, determine what sum shall be paid to or by either carrier. The provisions of this paragraph shall extend to cases where the dock is owned by other parties than the carrier involved.

"(b) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the terms and conditions under which such lines shall be operated in the handling of the traffic embraced.

"(c) To establish maximum proportional rates by rail to and from the ports to which the traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water.

"(d) If any rail carrier subject to the Act to regulate commerce enters into arrangements with any water carrier operating from a port in the United States to a foreign country, through the Panama Canal or otherwise, for the handling of through business between interior points of the United States and such foreign country, the Interstate Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country."

The orders of the Interstate Commerce Commission relating to this section shall only be made upon formal complaint or in proceedings instituted by the commission of its own motion and after full hearing. The orders provided for in the two amendments to the Act to regulate commerce enacted in this section shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the commission made under the provisions of section fifteen of the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten, and they may be conditioned for the payment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order.

SEC. 12. That all laws and treaties relating to the extradition of persons accused of crime in force in the United States, to the extent that they may not be in conflict with or superseded by any special treaty entered into between the United States and the Republic of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States and Territories of the United States, shall extend to and be considered in force in the Canal Zone, and for such purposes and such purposes only the Canal Zone shall be considered and treated as an organized Territory of the United States.127

SEC. 13. That in time of war in which the United States shall be engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone, and during a continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army.128

SEC. 14. That this Act shall be known as, and referred to as, the Panama Canal Act, and the right to alter, amend, or repeal any or all of its provisions or to extend, modify, or annul any rule or regulation made under its authority is expressly reserved.129

Approved, August 24, 1912. [37 Stat., 560, 569.]

An Act Making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Army for the year ending June thirtieth, nineteen hundred and thirteen.

PAY OF OFFICERS OF THE LINE.

For pay of officers of the line, six million eight hundred and ninety-three thousand nine hundred and eight dollars.

For additional pay to officers for length of service, to be paid with their current monthly pay, one million five hundred and twenty-four thousand one hundred and twenty dollars: Provided, That hereafter in time of peace whenever any officer holding a permanent commission in the line of the Army with rank below that of major shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company, of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such troop, battery, or company, for duty of any kind;

127 Executive Order of the Governor of the Canal Zone of Sept. 9, 1906, and Decree No. 118 of the President of Panama of Sept. 22, 1906, provide for extradition between Panama and the Canal Zone, based on Art. XVI of Hay-Varilla Treaty, p. 18. See also Malloy's compilation of treaties between United States and other powers (p. 1357, vol. 2) for extradition treaty between United States and the Republic of Panama, ratified April 8, 1905.

128 See Executive Order of May 17, 1916 (E. O. 214) directing the military and naval forces in the Canal Zone to furnish assistance to the Governor. On April 9, 1917, the President by Executive Order designated the Army officer commanding the troops in the Canal Zone to have the exclusive authority and jurisdiction as provided in the above sec. 13 (E. O. 224). The latter order was declared terminated and no longer in force by the Executive Order of Jan. 25, 1919 (E. O. 251). 129 See further powers to President provided by act of Aug. 21, 1916, p. 130.

and all pay and allowances shall be forfeited by any superior for any period during which, by his order, or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this proviso; but nothing in this proviso shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the troop, battery, or company, to which he shall belong in that branch in which he shall hold a permanent commission, nor shall anything in this proviso be held to apply to the detachment or detail of officers for duty in the Judge Advocate General's Department or in the Ordnance Department, or in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in the Philippine Constabulary until the first day of January, nineteen hundred and fourteen, or to any officer detailed, or who may be hereafter detailed, for aviation duty. And hereafter no officer holding a permanent commission in the Army with rank below that of major shall be detailed as assistant to the Chief of the Bureau of Insular Affairs with rank of colonel, or as commanding officer of the Porto Rico Regiment of Infantry, or as chief or assistant chief (Director or Assistant Director) of the Philippine Constabulary, and no other officers of the Army shall hereafter be detailed for duty with the said Constabulary except as specifically provided by law,

Approved, August 24, 1912. [37 Stat., 571.]

Joint Resolution Amending the Army appropriation bill.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in the "Act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes," there be substituted for the word "hereafter" where it first occurs in the first proviso under the heading "Pay of Officers of the Line," the words: on and after December fifteen, nineteen hundred and twelve. Approved, August 24, 1912. [37 Stat., 645.]

An Ac To pay certain employees of the Government for injuries received while in the discharge of their duties.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That twenty thousand eight hundred and sixty-three dollars and ninety-eight cents be, and the same is hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to pay certain employees of the United States Government for personal injuries received while in discharge of their duties, without any fault on their part, and to pay certain other claims for damages to, and loss of private property by the various departments of the Government, as hereinafter stated, the same being in full, and the receipt of the same being taken in each case as full and final release and discharge of the respective claims, namely:

Το pay five hundred dollars to Peter W. Wigginton for the crushing of his ankle joint while in the discharge of his duty on the Isthmus of Panama.

To pay five hundred dollars to Raymond R. Ridenour for injury to his hand while in the discharge of his duty on the Isthmus of Panama.

To pay one thousand five hundred dollars to the heirs of Charles E. Stump, who lost his life from injuries received while in discharge of his duties on the Isthmus of Panama.

Approved, February 7, 1913. [37 Stat., 1361.]

An Act To pay certain employees of the Government for injuries received while in the discharge of their duties, and other claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That twenty-two thousand two hundred and thirtyone dollars and thirty-eight cents be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to pay certain employees of the United States Government for personal injuries received while in the discharge of their duties, without any fault on their part; the same being in full, the receipt of the same to be taken in each case as full and final release and discharge of the respective claims, namely:

**

To pay one thousand nine hundred and eighty dollars to John and Bessie Maher, dependent father and mother of Edward Maher, who lost his life on the Isthmus of Panama, said sum being equal to one year's pay at the rate of compensation being paid him at the time of his death.

To pay one thousand five hundred dollars to Oscar F. Lackey, for injuries received while in the employ of the Isthmian Canal Commission as assistant engineer in construction of the Panama Canal on November twenty-first, nineteen hundred and five.

To pay two thousand dollars to Pedro Sanches, as compensation for the loss of both hands, which were blown off by a premature explosion of dynamite in Culebra Cut, Canal Zone, on March sixteenth, nineteen hundred and eight.

To pay one thousand nine hundred and fifty-one dollars and thirty-eight cents to John H. Cole, as compensation for severe personal injuries and the loss of his right hand while in the employ of the Isthmian Canal Commission in the Canal Zone on May seventh, nineteen hundred and eight.

To pay one thousand five hundred dollars to Robert Coggan, dependent father of Clifford J. Coggan, who was killed in the line of his duty while in the employ of the United States Government on the Panama Canal.

Approved, February 18, 1913. [37 Stat., 1373.]

An Act Making appropriations for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and fourteen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, severally appropriated, in full compensation for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and fourteen, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely:

*

RELIEF AND PROTECTION OF AMERICAN SEAMEN.

Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, Porto Rico, the Panama Canal Zone, and the Philippine Islands, $20,000.

An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby,

appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, nineteen hundred and fourteen, and for other purposes:

*

PUBLIC WORKS, BUREAU OF YARDS AND DOCKS.

Marine barracks, Isthmus of Panama: Erection of barracks, quarters, and other buildings for accommodation of marines, $400,000.

An Act Making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and thirteen and for prior years, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and thirteen, and for prior years, and for other purposes, namely:

*

DEPARTMENT OF STATE.

PAYMENT TO PANAMA UNDER TREATY OF NOVEMBER EIGHTEENTH, NINETEEN HUNDRED AND THREE: To enable the Secretary of State to pay to the Government of Panama the first annual payment due on February twenty-sixth, nineteen, hundred and thirteen, from the Government of the United States to the Government of Panama under treaty of November eighteenth, nineteen hundred and three, $250,000.130

Approved, March 4, 1913. [37 Stat., 913.]

An Act Making appropriations for certain expenses incident to the first session of the Sixty-third Congress, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, namely:

SEC. 2. That during the fiscal year nineteen hundred and fourteen, all moneys received by the Isthmian Canal Commission, or the governor of the Panama Canal, from any services rendered or materials and supplies furnished employees, the Panama Railroad Company, the Canal Zone government, the Panama Government, and other departments of the United States Government, from hotel and hospital supplies and services; from rentals, wharfage, and so forth; from labor, materials, and supplies and other services furnished vessels and to those unable to obtain similar labor, materials, supplies, and services elsewhere, shall be credited to the appropriation from which payments for the materials, supplies, labor, or other services were originally made; except that moneys received from the sale of material and equipment purchased and used for construction purposes, and as a reimburse130 Art. XIV, p. 18. See also notes under act of Mar. 4, 1909, p. 54.