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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 66 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.

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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:

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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, 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, 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

"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.

its plant, equipment, or commissary supplies by fire: Provided, however, That the Panama Railroad Company shall carry no insurance against loss from causes covered by this appropriation.

SEC. 3. All funds hereafter 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 whatever form under the laws of the government of the Canal Zone, are hereby appropriated until and including June thirtieth, ninehundred and ten, as follows: The revenues derived from the postal service to the maintenance of that service; the remaining revenues, after setting aside a miscel laneous and contingent fund of ten thousand dollars, to the maintenance of the publicschool system in the zone; to the construction and maintenance of public improvements within the zone; to the maintenance of the administrative districts; 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 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.

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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.

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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.

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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:

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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, 69

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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 fiftyeight 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 compensation under such employment does not exceed two thousand five hundred dollars per annum.

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

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Approved, March 4, 1909. [35 Stat., 908, 930, 931.]

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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:

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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

"This payment, as well as that provided by act of May 6, 1910, p. 58, was contingent on ratification of tripartite treaties between United States and Colombia, United States and Panama, and Panama and Colombia, as of Jan. 9, 1909. These treaties have never become effective due to Colombia refusing to accept them. If these treaties had been consummated, the annual payment of $250,000 provided for in Art. XIV of Hay-Varilla Treaty, p. 18, would have begun in 1908 instead of 1913, as provided by aforesaid Art. XIV. See act of Mar. 4, 1913, p. 90, providing for payment of first annual installment due on Feb. 26, 1913, under the Hay-Varilla Treaty.

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