The Panama Canal

shall be submitted to Congress after the close of the fiscal year nineteen hundred and ten.

SEC. 4. All funds realized during the fiscal year nineteen hundred and ten 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 and control of the commission, are hereby reappropriated 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 hereunder shall be made to Congress.

SEC. 6. That all sums appropriated by this Act for salaries of officers and employees of the Government shall be in full for such salaries for the fiscal year nineteen hundred and ten, and all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed.

SEC. 8. In case of the sickness or unavoidable absence of any disbursing clerk or disbursing agent of any executive department, independent bureau, or office, in Washington, District of Columbia, he may, with the approval of the head of the department, independent bureau, or office, in which said disbursing clerk or agent is employed, authorize the clerk of highest grade employed therein to act in his place, and to discharge all the duties by law or regulations of such disbursing clerk or agent. The official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases. Such acting officer shall, moreover, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct in like cases, of the disbursing clerk or disbursing agent, respectively, for whom he acts, and such acting officer shall be required by the head of the department, independent bureau, or office, to give bond to and in such sum as the disbursing clerk or disbursing agent may require.

Approved, March 4, 1909.

[Extract from an act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and nine, 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 nine, and for prior years, and for other objects hereinafter stated, 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 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, six hundred 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, disbursing, examination of accounts, and labor, quarters and subsistence, two million four hundred and fifty-eight 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, disbursing, examination of accounts, and labor, quarters and subsistence, two million four hundred thousand dollars.

Authority is hereby granted for the payment of salaries and wages accrued or hereafter earned of retired army and navy officers and enlisted men now in the employment of the Isthmian Canal Commission, in addition to their retired pay, where their com pensation under such employment does not exceed two thousand five hundred dollars

per annuin.

In all for the Isthmian Canal, five million four hundred and fifty-eight thousand dollars.

Approved, March 4, 1909.

DEPARTMENT OF STATE.

For the payment of the annual installments for the calendar years nineteen hundred and eight and nineteen hundred and nine, of two hundred and fifty thousand dollars each, under the assignment and transfer made by the Republic of Panama to the Republic of Colombia, in manner and form as contained in the treaty between the Republic of Colombia and the Republic of Panama of January ninth, nineteen hundred and nine, the recognition of which assignment and acceptance of notice thereof are given by the United States in Article V of the treaty between the United States and the Republic of Colombia concluded January ninth, nineteen hundred and nine, five hundred thousand dollars.

Approved, March 4, 1909.

[Extracts from an act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

SEC. 39. That the Secretary of the Treasury is hereby authorized to borrow on the credit of the United States from time to time, as the proceeds may be required to defray expenditures on account of the Panama Canal and to reimburse the Treas ury for such expenditures already made and not covered by previous issues of bonds, the sum of two hundred and ninety million five hundred and sixty-nine thousand dollars (which sum together with the eighty-four million six hundred and thirty-one thousand nine hundred dollars already borrowed upon issues of two per cent bonds under section eight of the act of June twenty-eight, nineteen hundred and two, equals the estimate of the Isthmian Canal Commission to cover the entire cost of the Canal from its inception to its completion), and to prepare and issue therefor coupon or registered bonds of the United States in such form as he may prescribe, and in denom. inations of one hundred dollars, five hundred dollars, and one thousand dollars, payable fifty years from the date of issue, and bearing interest payable quarterly in gold coin at a rate not exceeding three per centum per annum; and the bonds herein authorized shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under state, municipal, or local authority: Provided, That said bonds may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, giving to all citizens of the United States an equal opportunity to subscribe therefor, but no commissions shall be allowed or paid thereon; and a sum not exceeding one-tenth of one per centum of the amount of the bonds herein authorized is hereby appropriated, out of any

money in the Treasury not otherwise appropriated, to pay the expenses of preparing, advertising, and issuing the same; and the authority contained in section eight of the act of June twenty-eighth, nineteen hundred and two, for the issue of bonds bearing interest at two per centum per annum, is hereby repealed.

[Extract from an act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

Until otherwise provided by law no bond shall be accepted from any surety or bonding company for any officer or employee of the United States which shall cost more than thirty-five per centum in excess of the rate of premium charged for a like bond during the calendar year nineteen hundred and eight: Provided, That hereafter the United States shall not pay any part of the premium or other cost of furnishing a bond required by law or otherwise of any officer or employee of the United States.

That a joint commission consisting of three Senators, to be appointed by the President of the Senate, and three Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, shall inquire into the rates of premium heretofore and now being charged as well as those proposed to be charged by Burety or bonding companies for bonds of officers or employees of the United States and report to Congress by bill or otherwise at its next session what regulation, if any, should be exercised under law or otherwise over the same; for the expenses of said commission, including all necessary expert, clerical, and other personal services, there is appropriated the sum of ten thousand dollars, which expenses shall be paid upon vouchers approved jointly by the chairman of said commission.

THE ISTHMIAN CANAL.

The President is hereby authorized to cause to be entered into such contract or contracts, not to exceed the amount of the bond issue authorized in the act entitled "An act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes," enacted during the first session of the Sixtyfirst Congress, and acts supplementary thereto, as may be deemed necessary for the proper excavation, construction, and completion of such canal and harbors, to be paid for as appropriations may from time to time be made by law.

[Extract from an act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, 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 are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely:

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, and acts amendatory thereof or supplementary thereto:

For pay of officers and employees, Canal Zone, Isthmian Canal: For pay of the member of the commission in charge, of officers and employees, other than skilled and unskilled labor, including foremen, subforemen, watchmen, messengers, and storekeepers, of the department of civil administration, including those necessarily and temporarily detailed for duty away from the Isthmus, seventy-six thousand dollars.

Approved, February 25, 1910.

An Act To amend an Act entitled "An act relating to the liability of common carriers by railroad to their employees in certain cases," approved April twenty-second, nineteen hundred and eight.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act entitled "An act relating to the liability of common carriers by railroad to their employees in certain cases," approved April twentysecond, nineteen hundred and eight, be amended in section six so that said section shall read:

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

"Under this act an action may be brought in a circuit court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States under this act shall be concurrent with that of the courts of the several States, and no case arising under this act and brought in any state court of competent jurisdiction shall be removed to any court of the United States."

SEC. 2. That said act be further amended by adding the following section as section nine of said act:

"SEC. 9. That any right of action given by this act to a person suffering injury shall survive 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, but in such cases there shall be only one recovery for the same injury.” Approved, April 5, 1910.

(Extract from an act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven.]

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 eleven, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely:

ANNUAL PAYMENT TO COLOMBIA UNDER TREATIES.

For the payment of the annual installment for the calendar year nineteen hundred and ten, under the assignment and transfer made by the Republic of Panama to the Republic of Colombia, in manner and form as contained in the treaty between the Republic of Colombia and the Republic of Panama of January ninth, nineteen hundred and nine, the recognition of which assignment and acceptance of notice thereof are given by the United States in Article V of the treaty between the United States and the Republic of Colombia concluded January ninth, nineteen hundred and nine, two hundred and fifty thousand dollars.

Approved, May 6, 1910.

An Act For the relief of earthquake sufferers in Costa Rica.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized to use and distribute among the suffering and destitute people of Costa Rica such tents, blankets, and other necessary articles belonging to the stores of the military estab lishment, the naval establishment, and the Isthmian Canal Commission, as may be required for the purpose of succoring the people who are in peril in Costa Rica in consequence of the recent earthquake.

Approved, May 13, 1910.

[Extract from an act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, 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 eleven, namely:

H. Doc. 680, 62–2- -3

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, and acts amendatory thereof or supplementary thereto.

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 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, 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), seventy thousand dollars.

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, quartermasters', subsistence, disbursements and examination of accounts, three million nine hundred thousand dollars: Provided, That not more than five thousand dollars 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 disbursements and examination of accounts, thirteen million five 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, quartermaster's subsistence, disbursements and examination of accounts, fifteen million dollars.

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 on 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, nine hundred thousand dollars.

Seventh. For pay of the member of the commission in charge, of officers and employees, other than skilled and unskilled labor, including foremen, subforemen, watchmen, messengers, and storekeepers, of the department of civil administration, including those necessarily and temporarily detailed for duty away from the Isthmus, six hundred thousand dollars.

Eighth. For skilled and unskilled labor for the department of civil administration, twenty thousand dollars.

Ninth. For material, supplies, equipment, construction and repairs of buildings, and contingent expenses of the department of civil administration, one hundred thousand dollars.

Tenth. For survey of lands in the Canal Zone, seventy-five thousand dollars.

Eleventh. 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, six hundred thousand dollars. Twelfth. For skilled and unskilled labor of every grade and kind, for the department of sanitation on the Isthmus, two hundred thousand dollars.

Thirteenth. For material, supplies, equipment, construction and repairs of buildings, and contingent expenses of the department of sanitation on the Isthmus, seven hundred and fifty thousand dollars.

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The Panama Canal: Hearings Before the Committee on Interstate and Foreign ...