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Apr. 19, 1912. [No. 16.] Joint Resolution Authorizing the Secretary of War [S. J. Res. 91.] to receive for instruction at the United States Military Academy [Pub. Res., at West Point Mr. Manuel Agüero y Junqué, of Cuba.

No. 28.]

37 Stat. L., pt. 1, p. 632.

Manuel
Agüero y
Junqué.
May be ad-

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and hereby is, authorized to permit Mr. Manuel Agüero y Junqué, of Cuba, to mitted to Mili. receive instruction at the United States Military tary Academy. Academy at West Point: Provided, That no expense No expense. shall be caused to the United States thereby, and that Conditions. the said Manuel Agüero y Junqué shall agree to comply

Provisos.

Oath and

service.

R. S., secs. 1320, 1321, p. 227.

with all regulations for the police and discipline of the academy, to be studious, and to give his utmost efforts to accomplish the course in the various departments of instruction, and that the said Manuel Agüero y Junqué shall not be admitted to the academy until he shall have passed the mental and physical examinations prescribed for candidates from the United States, and that he shall be immediately withdrawn if deficient in studies or conduct and so recommended by the academic board: And provided further, That in the case of the said Manuel Agüero y Junqué the provisions of sections thirteen hundred and twenty and thirteen hundred and twenty-one of the Revised Statutes shall be suspended.

HAWAII.

SIXTY-SECOND CONGRESS, FIRST SESSION.

CHAP. 2.-An Act To supply a deficiency in the appropria- July 21, 1911. tions for contingent expenses of the House of Representatives for [H. R. 12109.] the fiscal year nineteen hundred and eleven, and for other pur- [Public, No. 2.] 37 Stat. L., poses. pt. 1, p. 1.

(Stationery for Delegate. See p. 171.)

CHAP. 3.-An Act To promote reciprocal trade relations with July 26, 1911. the Dominion of Canada, and for other purposes.

(Applicable to Hawaii. See p. 171.)

[H. R. 4412.] [Public, No. 3.] 37 Stat. L., pt. 1, p. 4.

CHAP. 43.-An Act To amend an Act entitled "An Act to pro- Aug. 22, 1911. hibit the passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes."

(Not applicable to irrigation districts. See p. 182.)

[S. 2541.] [Public, No. 42.j 37 Stat. L., pt. 1, p. 33.

85

Dec. 21, 1911.

[S. 2877.]

[Public, No. 49.]

37 Stat. L., pt. 1, p. 46.

SIXTY-SECOND CONGRESS, SECOND SESSION.

CHAP. 4.-An Act amending section sixty-seven of the Act approved March third, nineteen hundred and eleven, to codify, revise, and amend the laws relating to the judiciary.

(Applicable to Hawaii. See p. 184.)

Dec. 22, 1911.

CHAP. 6.-An Act Making appropriations to supply urgent de[H. R. 15930.] ficiencies in appropriations for the fiscal year nineteen hundred [Public, No. and twelve, and for other purposes.

51.]

37 Stat. L.,

pt. 1, p. 47.

Mar. 11, 1912.

(Mileage for delegate. See p. 184.)

CHAP. 57.-An Act To amend an Act entitled "An Act granting [H. R. 13570.] to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their em[Public, No. 101.] ployment," approved May thirtieth, nineteen hundred and eight. (See p. 184.)

37 Stat. L., pt. 1, p. 74.

Apr. 9, 1912. [S. 252.]

[Public, No. 116.]

37 Stat. L., pt. 1, p. 79.

Apr. 9, 1912. [H. R. 20842.]

[Public, No. 118.]

37 Stat. L., pt. 1, p. 81. Apr. 30, 1912. [H. R. 19212.] [Public, No. 139.] 37 Stat. L.,

pt. 1, p. 94.

June 6, 1912. [H. R. 20111.]

[Public, No.

CHAP. 73.-An Act To establish in the Department of Commerce and Labor a bureau to be known as the Children's Bureau.

(Applicable to Territories. See p. 185.)

CHAP. 75.-An Act To provide for a tax upon white phosphorus matches, and for other purposes.

(See p. 186.)

CHAP. 97.-An Act Making appropriations for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and thirteen.

(Relief and protection of American seamen in Hawaiian Islands. See p. 190.)

CHAP. 157.-An Act Making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for 37 Stat. L., other purposes. pt. 1, p. 125.

183.]

June 19, 1912.

[H. R. 9061.] [Public, No. 199.]

37 Stat. L., pt. 1, p. 137.

(Fortifications in the Hawaiian Islands. See p. 43.)

CHAP. 174.-An Act Limiting the hours of daily service of laborers and mechanics employed upon work done for the United States, or for any Territory, or for the District of Columbia, and for other purposes.

(Applicable to Territories. See p. 191.)

CHAP. 253.-An Act Making appropriations for the construc- July 25, 1912. tion, repair, and preservation of certain works on rivers and har- [H. R. 21477.] bors, 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 of money be, and are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named:

*

[blocks in formation]

[Public, No.
37 Stat. L.,
241.]
pt. 1, p. 201.

Improving harbor at Hilo, Hawaii: Completing im- Hilo, Hawall. provement by dredging in accordance with the report submitted in House Document Numbered Four hundred and seventeen, Sixty-second Congress, second session, seventy-six thousand dollars.

Hawaii. Breakwater.

Improving Kahului Harbor, Hawaii: Completing im- Kahului Harprovement, one hundred thousand dollars: Provided,Proviso. That the Secretary of War is authorized and directed to report to Congress as to the advisability of providing for the west breakwater referred to under project numbered two in House Document Numbered Five hundred and ninety-three, Sixty-first Congress, second session.

(For certain general provisions relative to river and harbor works. See p. 194.)

CHAP. 254.-An Act Authorizing John T. McCrosson and asso- July 27, 1912. ciates to construct an irrigation ditch on the Island of Hawaii, [H. R. 11628.] Territory of Hawaii.

[Public, No.
242.]
37 Stat. L.,

pt. 1, p. 234.
Hilo,

Crosson grant

irrigation

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right and power is hereby granted John T. Mcto John T. McCrosson and to his associates and assigns, ed right for and to such corporation as may be organized by him ditch, etc. or them for the purpose of taking over and exercising the rights, powers, and privileges hereby conferred, hereinafter collectively referred to as the Ditch Company, to construct a ditch, together with the tunnels, dams, water heads, reservoirs, roads, trails, conduits, buildings, machinery, and other structures or appliances necessary or proper for conducting or storing water to flow through said ditch from any point in the district of Hilo (which term shall be held to include both North and South Hilo), Island and Territory of Hawaii, through the said district to and through the districts of Puna and Kau, in said island and Territory, and to any point or points therein: Provided, That said ditch shall be constructed at an elevation of not less than two thousand tion. five hundred feet at its nearest point to the land of

Proviso.
Construc-

Power rights.

Purchase of lands, etc.

Condemnation, etc.

Proviso.

Restriction

of water rights.

Lease of public lands.

Surrender

of lands in

Hakalau, district of Hilo, and shall have a fall of not more than six feet to the mile within the limits of said district of Hilo.

SEC. 2. That the right and power is also granted to the Ditch Company to develop, produce, use, sell, and transmit power produced by water within the district of Kau, but not elsewhere.

SEC. 3. And also the right and power to buy, take on lease, or otherwise acquire by private purchase, and to hold all land or interests in land necessary, convenient, or proper for the purposes aforesaid, or any of them.

SEC. 4. And also the right and power to condemn and take any land, or interest in land, necessary or proper for rights of way or for dam or reservoir or building sites for the purposes aforesaid, or any of them, subject, however, in all respects, as near as may be, to the obligations, restrictions, payments, and procedure now or hereafter imposed or prescribed by the laws of the Territory of Hawaii for the exercise of the right of eminent domain by public railroads in the Territory: And provided, however, That nothing in this Act contained shall authorize or empower the condemnation of water or water rights nor permit the Ditch Company to take or divert water now used in the said district of Hilo.

SEC. 5. That the commissioner of public lands for the Territory of Hawaii, hereinafter referred to as the "commissioner," is hereby authorized and directed to execute to the Ditch Company, and the governor of the Territory of Hawaii, hereinafter referred to as the " governor," is authorized and directed to approve a lease of all such public lands in the district of Kau, to be designated by the Ditch Company, as are capable of being economically irrigated from the ditches of the company, together with rights of way for ditch purposes over all Government lands situated in said 'districts of Hilo, Puna, and Kau. The lease shall provide capable of ir that if within six months from the date of the first derigation. livery of water in the said district of Kau by the Ditch Company it is ascertained to the satisfaction of the Ditch Company that any of the lands theretofore designated by it are incapable of being economically watered from its waterways, such lands, or any portion thereof, shall be surrendered by the said Ditch Company by notice in writing to the commissioner, and no rent for said lands so surrendered, if any, shall be charged or collected by the lessor, and that the surrender of a portion of such lands, as herein provided, shall in nowise affect the lessee's tenancy of the remaining lands under said lease; that the term of said lease shall be fifty years from the date hereinafter set forth; that the Ditch Company shall have the right and authority at all times. after the execution of said lease to enter upon all such public lands in the district of Kau for the purpose of

Term, etc.

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