Treaties and Acts of Congress Relating to the Panama Canal

MISCELLANEOUS.

For additional twenty per centum increase on pay of enlisted men serving in the Philippine Islands, the Island of Guam, Alaska, China, and Panama, five hundred and thirty-three thousand four hundred and twelve dollars and fifty-one cents.

For additional ten per centum increase on pay of commissioned officers serving in the Philippine Islands, the Island of Guam, Alaska, China, and Panama, one hundred and sixty-seven thousand four hundred and twenty-six dollars and thirty cents.

Approved, April 23, 1904. [33 U. S. Stats., 266.]

An Act Making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, 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 four, and for prior years, and for other objects hereinafter stated, namely:

CLAIMS ALLOWED BY THE AUDITOR FOR THE STATE AND OTHER DEPARTMENTS.

For determining the most practicable route for canal across the Isthmus of Panama, thirty-five dollars.

Approved, April 28, 1904. [33 U. S. Stats., 426.]

An Act To provide for the temporary government of the Canal Zone at Panama, the protection of the canal works, 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 President is hereby authorized, upon the acquisition of the property of the New Panama Canal Company and the payment to the Republic of Panama of the ten millions of dollars provided by article fourteen 42 of 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, to be paid to the latter Government, to take possession of and occupy 43 on behalf of the United States 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 to be constructed thereon, which said 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, and also of all islands within said zone, and in addition thereto the group of islands in the Bay of Panama named Perico, Naos, Culebra, and Flamenco, and, from time to time, of any lands and waters outside of said zone which may be necessary and convenient for the construction, maintenance, operation, sanitation, and protection of the said canal, or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation, and protection of said enterprise, the use, occupation, and control whereof were granted to the United States by article two of said treaty. The said zone 44 is hereinafter referred to as "the Canal Zone." The payment of the ten millions of dollars provided by article fourteen 45 of said treaty shall be made in lieu of the indefinite appropriation made in the third section of the Act of June twenty-eighth, nineteen hundred and two, 4 and is hereby appropriated for said purpose.

4 p. 21.

See note under Art. II of the Hay-Varilla Treaty, p. 18, relating to the occupation of the Canal Zone. "Designated as the Canal Zone by sec. 1, Panama Canal Act, p. 79. 45 p. 21.

" p. 30.

SEC. 2. That until the expiration of the Fifty-eighth Congress, unless provision for the temporary government of the Canal Zone be sooner made by Congress, all the military, civil, and judicial powers as well as the power to make all rules and regulations necessary for the government of the Canal Zone and all the rights, powers, and authority granted by the terms of said treaty to the United States shall be vested in such person or persons and shall be exercised in such manner as the President shall direct for the government of said Zone and maintaining and protecting the inhabitants thereof in the free enjoyment of their liberty, property, and religion.48 Approved, April 28, 1904. [33 U. S. Stats., 429.]

An Act Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes.

Hereafter the accounts for the Isthmian Canal Commission shall be audited by the Auditor for the War Department.

Approved, February 3, 1905. [33 Stat., 647.]

An Act Fixing the status of merchandise coming into the United States from the Canal Zone, Isthmus of Panama.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all laws affecting imports of articles, goods, wares, and merchandise and entry of persons 49 into the United States from foreign countries shall apply to articles, goods, wares, and merchandise and persons coming from the Canal Zone, Isthmus of Panama, and seeking entry into any State or Territory of the United States or the District of Columbia.

Approved, March 2, 1905. [33 U. S. Stats., 843.]

An Act Making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, ninteen hundred and five, 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 five, and for prior years, and for other objects hereinafter stated, namely:

47 Act of Mar. 3, 1905, pp. 35–36, revived and continued Commission until beginning of next session of Congress.

Inasmuch as Congress took no other action than to revive and continue the Commission until the beginning of the next session of Congress, the Secretary of War, on March 6, 1905, cabled the Governor of the Canal Zone that: "Government of the Canal Zone will be continued to be administered in obedience to the laws of the United States in force in that territory, the Executive Orders heretofore issued, and the laws of the Canal Zone enacted by the Isthmian Canal Commission during the period the Commission was authorized under Act of Congress approved Apr. 28, 1904, to exercise the power of legislation."

48 Under the authority of this act the President issued the Executive Order of May 9, 1904 (E. O. 20-26), placing the Commission under the jurisdiction of the Secretary of War, and defining the functions of the Commission, including the power to legislate. Under this authority the Commission enacted 24 acts which were later assembled and published in the volume known as "Laws of the Canal Zone." In addition to that volume, the Civil Code and Code of Civil Procedure of the Republic of Panama, continued in force in the Canal Zone by the Executive Order of May 9, 1904, were translated into English.

During the period beginning with the close of the 58th Congress and down to the issuance of the Executive Order of Mar. 13, 1907 (E. O. 60-62), the Commission was without power to legislate, but sec. 7 of that order provided that "ordinances regulating police, sanitation, and taxation, and any other matters now regulated by ordinance, may be enacted, and existing ordinances repealed, by the Isthmian Canal Commission." Under this authority various ordinances were adopted, and they are published in the annotated reprint of the volume "Laws of the Canal Zone."

For further general action by Congress on legislation in the Canal Zone, see the Panama Canal Act, pp. 79-86, and act of Aug. 21, 1916, pp. 130-131.

See notes under Immigration Act of Feb. 20, 1907, p. 41.

LEGISLATIVE.

That so much of the sum appropriated by the Act approved April twenty-eighth, nineteen hundred and four, to defray the expenses of the Commission created by that Act, remaining unexpended, may be expended by said Commission under the direction of the chairman of said Commission for the further investigation of the matters for which said Act provided, but no expenditure beyond said unexpended balance shall be made; and the Commission is hereby revived and continued 5o until the beginning of the next session of Congress. S

Approved, March 3, 1905. [33 U. S. Stats., 1246.]

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

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 six, 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, thirty thousand dollars.

FOREIGN HOSPITALS AT PANAMA.

Annual contributions toward the support of the foreign hospitals at Panama, five hundred dollars, to be paid by the Secretary of State upon the assurance that suffering seamen and citizens of the United States will be admitted to the privileges of said hospitals.

Approved, March 3, 1905. [33 Stat., 927, 928.]

An Act Supplemental to 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 making appropriation for Isthmian Canal construction, 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 two per cent bonds of the United States authorized by section eight of the Act entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," approved June twenty-eight, nineteen hundred and two, shall have all the rights and privileges accorded by law to other two per cent bonds of the United States, and every national banking association having on deposit, as provided by law, such bonds issued under the provisions of said section eight of said Act approved June twenty-eight, nineteen hundred and two, to secure its circulating notes, shall pay to the Treasurer of the United States, in the months of January and July, a tax of one-fourth of one per cent each half year upon the average amount of such of its notes in circulation as are based upon the deposit of said two per cent bonds; and such tax shall be in lieu of existing taxes on its notes in circulation imposed by section fifty-two hundred and fourteen of the Revised Statutes.

** See act of Apr. 28, 1904, p. 34, and notes thereunder.

The act of December 21, 1905, p. 36, being the first act of the next session of Congress relating to the Panama Canal, does not specifically continue the Commission, but does provide for continuance of construction of the Canal and the government of the Canal Zone by the President and the persons appointed or employed by him, the aforesaid act being supplemental to the original Canal Act of June 28, 1902, pp. 30-32.

SEC. 2. That there is hereby appropriated out of any money in the Treasury not otherwise appropriated, the sum of eleven million dollars to continue the construction of the Isthmian Canal, to be expended under the direction of the President in accordance with the said 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 for each and every purpose connected with the same, the said sum to continue available until expended: Provided, That all expenditures from the appropriation herein made shall be 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.

SEC. 3. That the President shall annually, and at such other periods as may be provided, either by law or by his order, require full and complete reports to be made to him by the persons appointed or employed by him in charge of the government of the Canal Zone, 52 the construction of the Isthmian Canal, and the operation of the Panama Railroad, including an itemized account of all moneys received and expended, which said reports shall be by the President transmitted to Congress. The President shall annually cause to be made, by the persons appointed and employed by him in charge of the government of said Canal Zone, and the construction of said canal, estimates of expenditures and appropriations, in detail as far as practicable, which estimates shall cover all annual salaries paid to persons employed on said work, excepting laborers and skilled laborers, and shall be submitted to Congress in the manner provided in section five of the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes,' And no money shall be expended for any of the purposes of constructing and maintaining said Isthmian Canal, or for any expenses incident thereto, except in accordance with appropriations made by Congress.

Approved, December 21, 1905. [34 Stat., 5.)

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. 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 six, 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 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, as follows:

For miscellaneous material purchases in the United States, one million dollars; For miscellaneous material purchases on the Isthmus and miscellaneous expenditures, consisting of hotel and hospital and other supplies, transportation of labor from West Indies, four hundred thousand dollars;

For amounts to pay the Panama Railroad Company for material and services, including construction of second main track, two hundred thousand dollars; For Isthmus pay rolls, two million one hundred thousand dollars;

For salaries, incidental expenses, rents, cable and telegraph service in the United States, covering Washington office, including Commissioners, offices of assistant purchasing agents at New Orleans, New York, and Tacoma, seventy-five thousand dollars: Provided, That no part of the money herein appropriated shall be paid to any Commissioner as compensation in addition to his salary as Commissioner; For new equipment purchases, one million five hundred and sixty-five thousand seven hundred and eighty-six dollars; in all, five million three hundred and forty thousand seven hundred and eighty-six dollars, which shall continue available until expended: Provided, That all expenditures from the appropriation herein and hereinafter made for the Isthmian Canal shall be paid from, or reimbursed to

Sa See note 2 under act of Mar. 3, 1905, p. 35.

* Designated as The Panama Canal by sec. 1 of the Panama Canal Act, p. 79.

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.

To be used as an advance to the Panama Railroad Company to pay for the reequipment of that company, six hundred and fifty thousand dollars.

The provisions of the 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, shall not apply to alien laborers employed in the construction of the Isthmian Canal within the Canal Zone.54

PAYMENT TO LIEUTENANT COLONEL WILLIAM M. BLACK: For payment to Lieutenant Colonel William M. Black, Corps of Engineers, United States Army, fifty per centum additional compensation to pay proper, for services rendered to the Isthmian Canal Commission in the Isthmus of Panama from April ninth, nineteen hundred and three, to March twenty-first, nineteen hundred and four, being an equalization of pay similar to that paid other officers detailed with the Commission and in pursuance of the understanding at the time when the assignment to duty with the Commission was tendered and accepted, one thousand two hundred and eighty-five dollars and thirty-two cents, to be paid from the appropriations herein made for the Isthmian Canal.

PAYMENT TO LIEUTENANT MARK BROOKE: For payment to Lieutenant Mark Brooke, Corps of Engineers, United States Army, fifty per centum additional compensation to pay proper, for services rendered to the Isthmian Canal Commission in the Isthmus of Panama from April ninth, nineteen hundred and three, to March twenty-first, nineteen hundred and four, being an equalization of pay similar to that paid other officers detailed with the Commission, and in pursuance of the understanding at the time when the assignment to duty with the Commission was tendered and accepted, five hundred and seventy-three dollars and ninety-eight cents, to be paid from the appropriations herein made for the Isthmian Canal.

Approved, February 27, 1906. [34 Stat., 34.]

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

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

RELIEF AND PROTECTION OF AMERICAN SEAMEN.

FOREIGN HOSPITALS AT PANAMA.

Approved, June 16, 1906. [34 Stat., 295.]

* See sec. 4, act of June 30, 1906, p. 40.

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