Dec. 21, 1911.

SIXTY-SECOND CONGRESS, SECOND SESSION.

CHAP. 4.-An Act Amending section sixty-seven of the Act [S. 2877.] approved March third, nineteen hundred and eleven, to codify, [Public, No. revise, and amend the laws relating to the judiciary.

49.] 37 Stat. L., pt. 1, p. 46.

Judicial

Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section sixty-seven of the Act approved March third, nineteen hundred and eleven, to codify, reStates courts. vise, and amend the laws relating to the judiciary be amended by adding at the end of said section the following:

United

Present cir

"Provided, That no such person at present holding cuit court offi- position or employment in a circuit court shall be deappointed to barred from similar appointment or employment in the district court succeeding to such circuit court jurisdiction.”

district court positions.

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 and twelve, and for other purposes.

[Public, No. 51.]

37 Stat. L., pt. 1, p. 47.

Urgent de ficiencies ap

propriations.

Mileage.

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 twelve, and for other purposes, namely:

LEGISLATIVE.

HOUSE OF REPRESENTATIVES.

For mileage of Representatives and Delegates, and expenses of Resident Commissioners, for the second session of the Sixty-second Congress, one hundred and fifty-four thousand dollars.

Mar. 11, 1912.

CHAP. 57.—An Act To amend an Act entitled “An Act grant[H. R. 13570.) ing to certain employees of the United States the right to receive [Public, No. from it compensation for injuries sustained in the course of their 101.] employment," approved May thirtieth, nineteen hundred and eight.

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

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

184

Government

Provisions

Mines and

bled, That the provisions of the Act approved May thir- Injuries to tieth, nineteen hundred and eight, entitled "An Act employees. granting to certain employees of the United States the extended to right to receive from ít compensation for injuries sus- Bureau of tained in the course of their employment," shall, in ad- Forest Service. dition to the classes of persons therein designated, be held to apply to any artisan, laborer, or other employee engaged in any hazardous work under the Bureau of Mines or the Forestry Service of the United States: Provided, That this Act shall not be held to embrace any No prior case arising prior to its passage.

Proviso.

effect.

CHAP. 73.-An Act To establish in the Department of Com- Apr. 9, 1912. merce and Labor a bureau to be known as the Children's Bureau.

[S. 252.] [Public, No.

Stat.

37116 L.. pt. 1, p. 79. Children's

Bureau.

in Department of Commerce

chief. Appoint

ment and pay.

Investiga

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be established in the Department of Commerce and Labor a bureau to be known as the Established Children's Bureau. SEC. 2. That the said bureau shall be under the direc- and Labor. tion of a chief, to be appointed by the President, by and with the advice and consent of the Senate, and who shall receive an annual compensation of five thousand dollars. The said bureau shall investigate and report to said department upon all matters pertaining to the welfare of tions. children and child life among all classes of our people, and shall especially investigate the questions of infant mortality, the birth rate, orphanage, juvenile courts, desertion, dangerous occupations, accidents and diseases of children, employment, legislation affecting children in the several States and Territories. But no official, or agent, or representative of said bureau shall, over the objection of the head of the family, enter any house used exclusively as a family residence. The chief of said bureau may from time to time publish the results of these Publishing. investigations in such manner and to such extent as may be prescribed by the Secretary of Commerce and Labor.

SEC. 3. That there shall be in said bureau, until otherwise provided for by law, an assistant chief, to be appointed by the Secretary of Commerce and Labor, who shall receive an annual compensation of two thousand four hundred dollars; one private secretary to the chief of the bureau, who shall receive an annual compensation of one thousand five hundred dollars; one statistical expert, at two thousand dollars; two clerks of class four; two clerks of class three; one clerk of class two; one clerk of class one; one clerk, at one thousand dollars; one copyist, at nine hundred dollars; one special agent, at one thousand four hundred dollars; one special agent, at one thousand two hundred dollars, and one messenger at eight hundred and forty dollars.

Restrictions.

Office force.

Rent of quarters.

In effect.

SEC. 4. That the Secretary of Commerce and Labor is hereby directed to furnish sufficient quarters for the work of this bureau at an annual rental not to exceed two thousand dollars.

SEC. 5. That this Act shall take effect and be in force from and after its passage.

Apr. 9, 1912.

CHAP. 75.-An Act To provide for a tax upon white phos[H. R. 20842.] phorus matches, and for other purposes.

[Public, No. 118.]

37 Stat. L.. pt. 1, p. 81.

Tax on white phosphorus matches.

Meaning of "white phosphorus."

Manufacturer to register with internal-revenue

collector.

failure.

Regulation of business.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of this Act the words "white phosphorus" shall be understood to mean the common poisonous white or yellow phosphorus used in the manufacture of matches and not to include the nonpoisonous forms or the nonpoisonous compounds of white or yellow phosphorus.

SEC. 2. That every manufacturer of white phosphorus matches shall register with the collector of internal revenue of the district his name or style, place of manufactory, and the place where such business is to be carPenalty for ried on; and a failure to register as herein provided and required shall subject such person to a penalty of not more than five hundred dollars. Every manufacturer of white phosphorus matches shall file with the collector of internal revenue of the district in which his manufactory is located such notices, inventories, and bonds, shall keep such books and render such returns in relation to the business, shall put up such signs and affix such number to his factory, and conduct his business under such surveillance of officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may, by regulation, require. The bond required of such manufacturer shall be with sureties satisfactory to the collector of internal revenue and in the penal sum of not less than one thousand dollars; and the sum of said bond may be increased from time to time and additional sureties required at the discretion of the collector or under instructions of the Commissioner of Internal Revenue.

Bond.

Packages required.

SEC. 3. That all white phosphorus matches shall be packed by the manufacturer thereof in packages containing one hundred, two hundred, five hundred, one thousand, or one thousand five hundred matches each, which shall then be packed by the manufacturer in packages containing not less than fourteen thousand four hundred matches, and upon white phosphorus matches manufacTax levied. tured, sold, or removed there shall be levied and collected a tax at the rate of two cents per one hundred matches, which shall be represented by adhesive stamps, and this tax shall be paid by the manufacturer thereof.

affixed.

who shall affix to every package containing one hundred, two hundred, five hundred, one thousand, or one thousand five hundred matches such stamp of the required Stamps to be value and shall place thereon the initials of his name and the date on which such stamp is affixed, so that the same may not again be used. Every person who fraudu-Penalty for lently makes use of an adhesive stamp to denote any tax stamps. imposed by this section without so effectually canceling such stamp shall forfeit the sum of fifty dollars for every stamp in respect to which such offense is committed.

not canceling

for selling, etc.,

SEC. 4. That every manufacturer of matches who, Punishment manufactures, sells, removes, distributes, or offers to sell unstamped or distribute white phosphorus matches without there be- matches. ing affixed thereto an adhesive stamp, denoting the tax required by this Act, effectually canceled as provided by the preceding section, shall for each offense be fined not more than one thousand dollars and be imprisoned not more than two years. Every manufacturer of matches who, to evade the tax chargeable thereon or any part thereof, hides or conceals, or causes to be hidden or concealed, or removes or conveys away, or deposits or causes to be removed or conveyed away from or deposited in any place any white phosphorus matches, shall for each offense be fined not more than one thousand dollars and be imprisoned not more than two years, or both, and all such matches shall be forfeited.

tax.

Evasion of

Punishment

SEC. 5. That every person who affixes a stamp on any for use of inpackage of white phosphorus matches denoting a less sufficient amount of tax than that required by law shall for each stamps. offense be fined not more than one thousand dollars or be imprisoned not more than two years, or both.

reusing

factory, etc.,

SEC. 6. That every person who removes, defaces, or Penalty for causes or permits or suffers the removal or defacement stamps, etc. of any such stamp, or who uses any stamp or any package to which any stamp is affixed to cover any other white phosphorus matches than those originally contained in such package with such stamp when first used, to evade the tax imposed by this Act, shall for every such package in respect to which any such offense is committed be fined fifty dollars, and all such matches shall also be forfeited. SEC. 7. That every manufacturer of white phosphorus Forfeiture of matches who defrauds or attempts to defraud the United for attempts States of the tax imposed by this Act, or any part thereof, shall forfeit the factory and manufacturing apparatus used by him and all the white phosphorus matches and all raw material for the production of white phosphorus matches found in the factory and on the factory premises, or owned by him, and shall be fined not more than five thousand dollars or be imprisoned not more than three years, or both. All packages of white Unstamped phosphorus matches subject to tax under this Act that shall be found without stamps as herein provided shall be forfeited to the United States.

to defraud.

packages.

Special stamps to be issued.

Sale, etc.

Counterfeit Ing, etc., laws applicable.

Assessment of tax on matches sold without stamps.

SEC. 8. That the Commissioner of Internal Revenue shall cause to be prepared suitable and special stamps for payment of the tax on white phosphorus matches provided for by this Act. Such stamps shall be furnished to collectors, who shall sell the same only to duly qualified manufacturers. Every collector shall keep an account of the number and denominate values of the stamps sold by him to each manufacturer. All the provisions and penalties of existing laws governing the engraving, issuing, sale, affixing, cancellation, accountability, effacement, destruction, and forgery of stamps provided for internal revenue are hereby made to apply to stamps provided for by this Act.

SEC. 9. That whenever any manufacturer of white phosphorus matches sells or removes any white phosphorus matches without the use of the stamps required by this Act, it shall be the duty of the Commissioner of Internal Revenue, within a period of not more than two years after such sale or removal, upon satisfactory proof, to estimate the amount of tax which has been omitted to be paid, and to make an assessment therefor and certify the same to the collector, who shall collect the same according to law. The tax so assessed shall be in addition to the penalties imposed by law for such sale or removal. SEC. 10. That on and after January first, nineteen hunafter January dred and thirteen, white phosphorus matches, manufactured wholly or in part in any foreign country, shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited. required on all All matches imported into the United States shall be

Importation prohibited

1. 1913.

Certificate on

matches imported.

Exportation unlawful after January 1, 1914.

violation.

accompanied by such certificate of official inspection by the government of the country in which such matches were manufactured as shall satisfy the Secretary of the Treasury that they are not white phosphorus matches. The Secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of the provisions of this section.

SEC. 11. That after January first, nineteen hundred and fourteen, it shall be unlawful to export from the Penalty for United States any white phosphorus matches. Any person guilty of violation of this section shall be fined not less than one thousand dollars and not more than five thousand dollars, and any white phosphorus matches exported or attempted to be exported shall be confiscated to the United States and destroyed in such manner as may be prescribed by the Secretary of the Treasury, who shall have power to issue such regulations to customs officers as are necessary to the enforcement of this section.

Marking fac tory number.

SEC. 12. That every manufacturer of matches shall mark, brand, affix, stamp, or print, in such manner as the Commissioner of Internal Revenue shall prescribe, on every package of white phosphorus matches manufactured, sold, or removed by him, the factory number