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

SEC. 4. The provisions of an Act entitled "An Act relating to the limitations of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia," approved August first, eighteen hundred and ninety-two, and of an Act entitled "An Act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and six, and for prior years, and for other purposes," approved February twenty-seventh, nineteen hundred and six, shall not apply to unskilled alien laborers and to the foremen and superintendents of such laborers, employed in the construction of the Isthmian Canal within the Canal Zone.

*

Approved, June 30, 1906.

[Extract from the act of Congress entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eight, 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 the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and eight, namely:

THE ISTHMIAN CANAL.

To continue the construction of the Isthmian Canal, to be expended under the direction of the President in accordance with an Act entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," approved June twenty-eighth, nineteen hundred and two.

For salaries of members, officers, and employees of the Isthmian Canal Commission, including assistant purchasing and shipping agents, and all other employees in the United States, one hundred and eighty-four thousand dollars;

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, twelve thousand dollars, and text-books and books of reference, one thousand dollars), sixtynine thousand dollars;

For pay of 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, supervisors, clerks, accountants, stenographers, storekeepers, messengers, office boys, foremen and subforemen, watchmen, wagon masters, stewards, hospital dispensers, internes, nurses, and attendants, including those necessarily and temporarily detailed for duty away from the Isthmus, for the departments of construction and engineering, auditing, disbursing, and labor, quarters and subsistence, two million seven hundred and seventy-two thousand dollars;

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, accounting, disbursements, and labor, quarters and subsistence, seven million nine hundred and ninety thousand dollars;

For purchase and delivery of material, supplies, and equipment, including cost of inspecting material and of 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, for the departments of construction and engineering, auditing, disbursing, and labor, quarters and subsistence, nine million forty-six thousand dollars;

To continue the equipment and construction of the Panama Railroad, to be disbursed directly under the Isthmian Canal Commission, one million three hundred and eightyfive thousand dollars; no part of said sum shall be expended until the obligation of the Panama Railroad Company for the full amount thereof and drawing four per centum interest payable to the United States shall have been delivered to the Secretary of the Treasury of the United States and by him accepted;

To pay the outstanding four and one-half per centum first-mortgage bonds of the Panama Railway Company October first, nineteen hundred and seven, two million two hundred and ninety-eight thousand three hundred and sixty-seven dollars and fifty cents, to be reimbursed to the Treasury of the United States, as provided for appropriations herein made for the Isthmian Canal;

For miscellaneous expenditures, cable and telegraph service, stationery and printing, and traveling and incidental expenses on the Isthmus, for the departments of construction and engineering, accounting, disbursing, and labor, quarters and subsistence, five hundred and fifty-eight thousand dollars;

For pay of officers and employees other than skilled and unskilled labor in the service of the government of the Canal Zone, four hundred and eighty-six thousand dollars; For skilled and unskilled labor in the service of the government of the Canal Zone, fifty thousand dollars;

For material, supplies, equipment, new buildings, and contingent expenses for account of the government of the Canal Zone, two hundred and eighty-nine thousand dollars;

For pay of officers and employees other than skilled and unskilled labor engaged in the sanitation department on the Isthmus, seven hundred and sixty-six thousand dollars;

For skilled and unskilled labor engaged in the sanitation department on the Isthmus of Panama, four hundred and sixty-eight thousand dollars;

For material, supplies, equipment, new buildings, and contingent expenses of the sanitation department on the Isthmus, eight hundred thousand dollars;

In all, twenty-seven million one hundred and sixty-one thousand three hundred and sixty-seven dollars and fifty cents, the same to be available until expended: Provided, That all expenditures from the appropriation herein made for the Isthmian Canal 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.

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.

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 whatsoever form under the laws of the government of the Canal Zone, are hereby appropriated until and including June thirtieth, nineteen hundred and eight, as follows: The revenues derived from the postal service to the maintenance of that service; the remaining revenues, after setting aside a miscellaneous and contingent fund of ten thousand dollars, to the maintenance of the public school system in the Zone, and to public improvements within the Zone. 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 eight.

SEC. 3. Any unexpended balance of the appropriation for the construction of the Isthmian Canal contained in the Act of June thirtieth, nineteen hundred and six, is hereby reappropriated to meet deficiencies heretofore incurred, and to further remain available until expended.

SEC. 4. That one hundred thousand dollars of the said appropriation for the fiscal year nineteen hundred and seven, "For skilled and unskilled labor on the Isthmus for the departments of construction and engineering and administration," shall be transferred to the appropriation "For skilled and unskilled labor engaged in the health and sanitation department on the Isthmus of Panama" of the same Act; that three hundred thousand dollars of the said appropriation "For skilled and unskilled labor on the Isthmus for the departments of construction and engineering and administration," shall be transferred to the appropriation "For miscellaneous expenditures" for the same departments, of the same Act; that fifty thousand dollars of the appropriation "For pay of officers and employees other than skilled and unskilled labor on the Isthmus, for the construction and engineering and administration departments," shall be transferred to the appropriation "For pay of officers and employees other than skilled and unskilled labor engaged in the health and sanitation department on the Isthmus," of the same Act; and that any unexpended balance of the appropriation in the said bill "To continue the reequipment of the Panama Railroad" may be paid to the Panama Railroad Company to reimburse that company for direct expenditures for equipment and construction: Provided, That all expenses so reimbursed shall first be approved by the Commission and then audited in all respects as if disbursed directly under the Commission.

SEC. 5. All sums appropriated hereunder and under the Act of June thirtieth, nineteen hundred and six, for the use upon the Isthmus of the several departments shall be available for the payment of the direct obligations of the Canal Commission, or of the Commission's obligations under any contract or contracts that have been or may hereafter be entered into for the construction of the Isthmian Canal.

SEC. 6. Nothing contained in section five of the Act of June twenty-eighth, nineteen hundred and two, entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," shall prevent the President fro entering into such contract or contracts as may be deemed expedient by him for the completion of the construction of the Panama Canal.

SEC. 7. The appropriations for the pay of officers and employees of the several departments on the Isthmus under the Act of June thirtieth, nineteen hundred and six, shall apply to the pay of such officers and employees when necessarily temporarily detailed upon duty away from the Isthmus.

SEC. 8. All amounts due from employees, whether to the Commission, Panama Railroad Company, or contractor, for transportation, board, supplies, or for any other service, are hereby authorized to be deducted from the compensation otherwise payable to the said employees, and to be paid to the authorized parties or to be credited to the appropriation out of which the transportation, board, supplies, or other service was originally paid.

[Extract from the Act of Congress entitled "An Act Making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and eight, 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 be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and eight, and for prior years, and for other objects hereinafter stated, namely:

THE ISTHMIAN CANAL.

For salaries of members, officers, and employees of the Isthmian Canal Commission, including assistant purchasing and shipping agents, and all other employees in the United States, eighteen thousand six hundred dollars.

For pay of officers and employees on the Isthmus other than skilled and unskilled labor, including civil engineers, superintendents, instrument men, transitmen, levelmen, rodmen, draftsmen, timekeepers, mechanical and electrical engineers, supervisors, clerks, accountants, stenographers, storekeepers, messengers, office boys, foremen and subforemen, watchmen, wagon masters, stewards, hospital dispensers, internes, nurses, and attendants, including those necessarily and temporarily detailed for duty away from the Isthmus, for the departments of construction and engineering, auditing, disbursing, and labor, quarters and subsistence, two hundred and ten thou

sand and seven hundred dollars.

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, accounting, disbursements, and labor, quarters and subsistence, five million five hundred and thirty-six thousand three hundred dollars.

purchase and delivery of material, supplies, and equipment, including cost of inspecting material and of 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, for the departments of construction and engineering, auditing, disbursing, and labor, quarters and subsistence, six million and eighty-five thousand seven hundred dollars.

For miscellaneous expenditures, cable and telegraph service, stationery and printing, and traveling and incidental expenses on the Isthmus, for the departments of construction and engineering, accounting, disbursing, and labor, quarters and subsistence, one hundred and fifty-seven thousand seven hundred dollars;

For skilled and unskilled labor engaged in the sanitation department on the Isthmus of Panama, one hundred and sixty-nine thousand nine hundred dollars;

Appropriations made for the construction of the Isthmian Canal in the Sundry Civil Appropriation Act, approved March fourth, nineteen hundred and seven, and in this Act shall continue available until expended.

An Act Relating to the liability of common carriers by railroad to their employees in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

SEC. 2. That every common carrier by railroad in the Territories, the District of Columbia, the Panama Canal Zone, or other possessions of the United States shall be liable in damages to any person suffering injury while he is employed by such carrier in any of said jurisdictions, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

SEC. 3. That in all actions hereafter brought against any such common carrier by railroad under or by virtue of any of the provisions of this Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.

SEC. 4. That in any action brought against any common carrier under or by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee. SEC. 5. That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void: Provided, That in any action brought against any such common carrier under or by virtue of any of the provisions of this Act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought.

SEC. 6. That no action shall be maintained under this Act unless commenced within two years from the day the cause of action accrued.

SEC. 7. That the term "common carrier" as used in this Act shall include the receiver or receivers or other persons or corporations charged with the duty of the management and operation of the business of a common carrier.

SEC. 8. That nothing in this Act shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other Act or Acts of Congress, or to affect the prosecution of any pending proceeding or right of action under the Act of Congress entitled "An Act relating to liability of common carriers in the District of Columbia and Territories, and to common carriers engaged in commerce between the States and between the States and foreign nations to their employees," approved June eleventh, nineteen hundred and six.

Approved, April 22, 1908.

[Extract from the Act of Congress entitled "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and nine, and for other purposes."]

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That the following sums be, and the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and nine, namely:

*

THE ISTHMIAN CANAL.

To continue the construction of the Isthmian Canal, to be expended under the direction of the President in accordance with an Act entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," approved June twenty-eighth, nineteen hundred and two:

First. For salaries of officers and employees of the Isthmian Canal Commission, including assistant purchasing and shipping agents, and all other employees in the United States, one hundred and forty-nine thousand dollars;

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, seven thousand five hundred dollars, and text-books and books of reference, one thousand dollars, and additional compensation to the Auditor for the War Department for extra services in auditing accounts of the Isthmian Canal, one thousand dollars), twentyseven thousand dollars, and the unexpended balances of appropriations for these objects available June thirtieth, nineteen hundred and eight;

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, supervisors, clerks, accountants, stenographers, storekeepers, messengers, office boys, foremen and subforemen, watchmen, wagon masters, stewards, hospital dispensers, internes, nurses, and attendants, including those necessarily and temporarily detailed for duty away from the Isthmus, for the departments of construction and engineering, disbursing, examination of accounts, and labor, quarters and subsistence, and expenses incident to conducting hearings and examining estimates for appropriations on the Isthmus, three million four hundred thousand dollars;

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, sailers, cooks, waiters, and dairymen, for the departments of construction and engineering, disbursing, examination of accounts, and labor, quarters and subsistence, eight million four hundred thousand dollars;

Fifth. For purchase and delivery of material, supplies, and equipment, including cost of inspecting material and of 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, for the departments of construction and engineering, disbursing, examination of accounts, and labor, quarters and subsistence, and to enable the Secretary of War to purchase for the Panama Railroad Company two steamships of American register each to be of not less than nine thousand gross registered tonnage and at a cost of not to exceed one million five hundred and fifty thousand dollars, said ships to be controlled and operated by said Panama Railroad Company in like manner as other ships of said Company including the transportation of supplies, equipment and material for use in the construction of the Panama Canal and the transportation of officers and employees of the Panama Canal Commission: Provided, That when said ships are no longer required for use as aforesaid in the transportation of supplies, equipment and material for the construction of the Panama Canal the same shall be transferred to the Secretary of the Navy for use as colliers or other auxiliary vessels belonging to the Navy, twelve million eight hundred thousand dollars;

Sixth. To continue the equipment and construction of the Panama Railroad, to be disbursed directly under the Isthmian Canal Commission, one million one hundred thousand dollars; no part of said sum shall be expended until the obligation of the Panama Railroad Company for the full amount thereof and drawing four per centum interest payable to the United States shall have been delivered to the Secretary of the Treasury of the United States and by him accepted;

Seventh. For miscellaneous expenditures, cable and telegraph service, stationery and printing, and traveling and incidental expenses on the Isthmus, for the depart