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nance 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; to the construction and maintenance of public improvements within the Zone; to the maintenance of the administrative districts, including payment of salaries and wages incident thereto; to the maintenance of Canal Zone charity patients in the hospitals of the Isthmian Canal Commission, and to the maintenance of administrative district prisoners. 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 nine. SEC. 4. All sums appropriated hereunder or that may hereafter be appropriated for the construction of the Isthmian Canal 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 may hereafter be entered into for the construction of the Isthmian Canal.
SEC. 5. All funds that hereafter may be derived from customs duties collected upon property of the United States imported from the Canal Zone are hereby reappropriated for the construction of the Isthmian Canal and may be expended under any of the classified appropriations for the department of construction and engineering.
SEC. 6. All funds realized during the fiscal year nineteen hundred and nine by the Isthmian Canal Commission from the performance of services by the Commission, or from the sale of materials and supplies upon the Isthmus 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. 7. The officers of the Isthmian Canal Commission are relieved from liability to account for eleven thousand two hundred and five dollars and fifty-three cents, for materials and supplies furnished to the sufferers by the Jamaican earthquake of January fourteenth, nineteen hundred and seven.
Approved, May 27, 1908. [35 Stat., 384, 387.]
An Act Granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment. "4
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when, on or after August first, nineteen hundred and eight, any person employed by the United States as an artisan or laborer in any of its manufacturing establishments, arsenals, or navy yards, or in the construction of river and harbor or fortification work or in hazardous employment on construction work in the reclamation of arid lands or the management and control of the same, or in hazardous employment under the Isthmian Canal Commission, is injured in the course of such employment, such employee shall be entitled to receive for one year thereafter, unless such employee, in the opinion of the Secretary of Commerce and Labor, be sooner able to resume work, the same pay as if he continued to be employed, such payment to be made under such regulations as the Secretary of Commerce and Labor may prescribe: Provided, That no compensation shall be paid under this Act where the injury is due to the negligence or misconduct of the employee injured, nor unless said injury shall continue for more than fifteen days. All questions of negligence or misconduct shall be determined by the Secretary of Commerce and Labor. SEC. 2. That if any artisan or laborer so employed shall die during the said year by reason of such injury received in the course of such employment, leaving a widow, or a child or children under sixteen years of age, or a dependent parent, such widow and and child or children and dependent parent shall be entitled to receive, in such portions and under such regulations as the Secretary of Commerce and Labor may prescribe,
64 Sec. 5 of the sundry civil bill of 1912, p. 64, extends provisions of this act to "all employees under the Isthmian Canal Commission," and provides for settlement of injury and death claims by the Chairman of the Isthmian Canal Commission. The act of Feb. 24, 1909, p. 50. allowed the Isthmian Canal Commission to grant injury leave not exceeding 30 days per annum to all employees of the Commission whether engaged in hazardous employment, or otherwise. The Panama Canal Act, par. 5 of sec. 5, p. 82, authorizes the President to provide method for adjusting injury claims, after which the two acts cited will not apply. See notes under Panama Canal Act.
the same amount, for the remainder of the said year, that said artisan or laborer would be entitled to receive as pay if such employee were alive and continued to be employed: Provided, That if the widow shall die at any time during the said year her portion of said amount shall be added to the amount to be paid to the remaining beneficiaries under the provisions of this section, if there be any.
SEC. 3. That whenever an accident occurs to any employee embraced within the terms of the first section of this Act, and which results in death or a probable incapacity for work, it shall be the duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his Bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the accident and injury and the probable duration of the injury resulting therefrom; second, whether the accident arose out of or in the course of the injured person's employment; third, whether the accident was due to negligence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor may prescribe. The head of each Department or independent office shall have power, however, to charge a special official with the duty of making such reports.
SEC. 4. That in the case of any accident which shall result in death, the persons entitled to compensation under this Act or their legal representatives shall, within ninety days after such death, file with the Secretary of Commerce and Labor an affidavit setting forth their relationship to the deceased and the ground of their claim for compensation under the provisions of this Act. This shall be accompanied by the certificate of the attending physician setting forth the fact and cause of death, or the nonproduction of the certificate shall be satisfactorily accounted for. In the case of incapacity for work lasting more than fifteen days, the injured party desiring to take the benefit of this Act shall, within a reasonable period after the expiration of such time, file with his official superior, to be forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the grounds of his claim for compensation, to be accompanied by a certificate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduction of the certificate shall be satisfactorily accounted for. If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced by the claimant or his or her legal representatives, or from such additional investigation as the Secretary of Commerce and Labor may direct, that a claim for compensation is established under this Act, the compensation to be paid shall be determined as provided under this Act and approved for payment by the Secretary of Commerce and Labor.
SEC. 5. That the employee shall, whenever and as often as required by the Secretary of Commerce and Labor, at least once in six months, submit to medical examination, to be provided and paid for under the direction of the Secretary, and if such employee refuses to submit to or obstructs such examination, his or her right to compensation shall be lost for the period covered by the continuance of such refusal or obstruction.
SEC. 6. That payments under this Act are only to be made to the beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors.
SEC. 7. That the United States shall not exempt itself from liability under this Act by any contract, agreement, rule, or regulation, and any such contract, agreement, rule, or regulation shall be pro tanto void.
SEC. 8. That all Acts or parts of Acts in conflict herewith or providing a different scale of compensation or otherwise regulating its payment are hereby repealed. Approved, May 30, 1908. [35 Stat., 556.]
An Act Relating to injured employees on the Isthmian Canal.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing contained in the Act approved May thirtieth, nineteen hundred and eight, entitled "An Act granting to certain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," shall prevent the Isthmian Canal Commission, under rules to be fixed by the commission, from granting to its injured employees, ❝s p. 49. See also notes under par. 5, sec. 5, of Panama Canal Act, p. 82.
whether engaged in a hazardous employment or otherwise, leave of absence with pay for time necessarily lost as a result of injuries received in the course of employment, not exceeding in the aggregate thirty days per annum: Provided, however, That compensation paid to such injured employees under such regulations shall be deducted from any compensation which such employees may be entitled to receive under the terms of the said Act.
Approved, February 24, 1909. [35 Stat., 645.]
An Act Relating to the use, control, and ownership of lands in 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 the President is hereby authorized to grant leases of the public lands in the Canal Zone, Isthmus of Panama, for such period, not exceeding twenty-five years, and upon such terms and conditions as he may deem advisable. No lease, however, shall be granted for a tract of land in excess of fifty hectares, nor to any person who shall not have first established, by affidavit and by such other proof as may be required, that such person is the head of a family or over the age of twenty-one years, and that the application for a lease is made in good faith for the purposes of actual settlement and cultivation, and not for the benefit of any other person whatsoever, and that such person will faithfully comply with all the requirements of law as to settlement, residence, and cultivation. In granting such leases preference shall be accorded to actual occupants of lands in good faith.
SEC. 2. That no portion of the lands of the United States within the Canal Zone shall be leased hereunder unless it shall first be made to appear, by a statement or plat filed by the Isthmian Canal Commission with the collector of revenues for the Canal Zone, that it is not contemplated to use such lands in the work of canal construction or to set the same aside as a town site; and all leases shall be made subject to the provision that if at any time it shall become necessary, notwithstanding, for the United States to occupy or use any portion of the leased lands, it shall have the right to do so without further compensation to the lessee than for the reasonable value of the necessary improvements made upon said tracts by the lessee, the same to be determined by the courts of the Canal Zone.
SEC. 3. That all leases of lands hereunder shall reserve to the United States all mineral, oil, and gas rights in the lands leased.
SEC. 4. That the President may, in his discretion, require a land survey to be made of the Canal Zone.
SEC. 5. That the powers conferred upon the President under this Act may be exercised by him through the Isthmian Canal Commission or in such other manner as he may designate."7
Approved, February 27, 1909. [35 Stat., 658.]
An Act Making appropriations for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and ten.
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 ten, 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, or so much thereof as may be necessary.
66 Sec. 3, Panama Canal Act, p. 80, authorizes the President to declare all land within the Canal Zone necessary for Canal purposes, and in accordance therewith the President issued Executive Order of Dec. 5, 1912 (E. O. 132).
67 Executive Order of Oct. 7, 1910 (E. O. 102) authorized the Isthmian Canal Commission to establish rules and regulations for leasing public lands in the Canal Zone through the Land Office of the Canal Zone Government. Land Office was created by Executive Order of Jan. 19, 1911 (E. O. 104). The Executive Order of June 28, 1911 (E. O. 113) authorized the Chairman of the Isthmian Canal Commission to issue revocable licenses for lots in town sites. See also resolution of Commission authorizing Chairman to consolidate land office of the Panama Railroad Company with the land office of the Commission (Minutes of Commission, p. 1768).
FOREIGN HOSPITALS IN 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 2, 1909. [35 Stat., 682.]
An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, 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 the same are hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and ten, 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, 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 fifty thousand dollars: Provided, That not more than five thousand dollars of this appropriation shall be paid as compensation to the secretary of the commission.
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-five 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, transit men, 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, quartermaster's, subsistence, disbursements and examination of accounts, and expenses incident to conducting hearings and examining estimates for appropriations on the Isthmus, three million eight hundred and seventy-one 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, sailors, cooks, waiters, and dairymen, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, twelve million 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, subsistence, disbursements and examination of accounts, ten million five hundred and seventeen thousand dollars.
Sixth. To continue the equipment and construction of the Panama Railroad, to be disbursed directly under the Isthmian Canal Commission, seven 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, 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; 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, and labor, quarters and subsistence, one million dollars.
Eighth. 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, four hundred and seventy thousand dollars.
Ninth. For skilled and unskilled labor for the department of civil administration, twenty thousand dollars.
Tenth. For material, supplies, equipment, construction and repairs of buildings, and contingent expenses of the Department of Civil Administration, one hundred and forty 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, subforemen, watchmen, and stewards, of the department of sanitation on the Isthmus, including those temporarily detailed for duty away from the Isthmus, seven hundred and twentyfive thousand dollars.
Twelfth. For skilled and unskilled labor of every grade and kind, for the department of sanitation on the Isthmus, four hundred and fifty 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 forty thousand dollars.
Fourteenth. For the payment of the cost of relocating the Panama Railroad, including salaries, wages, cost of material, supplies, and all other expenses incident thereto, one million nine hundred and eighty thousand dollars.
For salaries, wages, cost of material, supplies, and all other expenses incident to continuing the extension, grading, and paving of streets, building sewers, and extending water mains in the cities of Panama and Colon, eight hundred thousand dollars.
In all, thirty-three million six hundred and thirty-eight thousand dollars, the same to be 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 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: Provided, however, That any surplus in the appropriations for any of the above classified heads may be used for expenditure under any of the classified appropriations for the department of construction and engineering.
No part of the foregoing appropriations for the Isthmian Canal shall be applied to the payment of allowances for longevity service or layover days other than such as may have accumulated under existing orders of the commission, prior to July first, nineteen hundred and nine.68
SEC. 2. The foregoing appropriations shall be available to reimburse the Panama Railroad Company for marine losses, or for losses due to destruction of or damage to
68 Same provision in later appropriation acts. See Deficiency Appropriation Act of Apr. 6, 1914, p. 98, providing for continuance of wage scale of construction period not later than June 30, 1916, with same provision in re longevity as in above act. Circular No. 669 covers rules on the subject. Longevity increases were authorized for certain positions at the 131st meeting of the Commission of Aug. 1, 1907, effective as of May 1, 1907, of 5 per cent of base rate for first year and additional 3 per cent for succeeding years, provided total should not exceed 25 per cent of basic rate. See also resolution of Commission of Mar. 21, 1908, relative to "Canal medals" for two years' service; and reports of committee of Apr. 27, 1908. and June 10, 1909, including addition of bars for each additional two years' service. Resolution of Mar. 27,1914, provided that services for Canal medals ended as of Dec. 31, 1914.