such purposes is authorized to acquire such ferryboats, and other equipment, and to construct and maintain such wharves, docks, and approaches as may be necessary; and

(b) To construct and maintain a highway for the accommodation of the public and adequate to serve military needs, to extend from the western terminal of such ferry to a point at or near the town of Arraijan at or near the Canal Zone line. Sec. 1, act of May 27, 1930 (46 Stat. 388).

(a) The Governor of the Panama Canal, subject to the approval of the Secretary of War, is authorized to make rules and regulations governing the operation, use, and maintenance of the ferry, equipment, wharves, docks, and approaches established, acquired, and constructed under this Act. Any person violating any such rule or regulation shall be punished by a fine of not to exceed $100 or by imprisonment for not to exceed thirty days, or by both such fine and imprisonment.

(b) The ferry and highway provided for by this act shall be operated and maintained free of tolls. Sec. 2, act of May 27, 1930 (46 Stat. 388).

There is hereby authorized to be appropriated the sum of $1,000,000, or so much thereof as may be necessary, to establish the ferry and construct the highway provided for by this Act, and there are authorized to be appropriated annually such sums as may be necessary to carry out the provisions of this Act. Sec. 3, act of May 27, 1930 (46 Stat. 388).

The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, July 10, 1931, p. 203) that the above provisions, based on sections 1, 2 and 3, act of May 27, 1930 (46 Stat. 388), be included in the Code.

2128. Canal Zone; investigations and surveys.-That the President is hereby authorized to cause to be made, under the direction of the Secretary of War and the supervision of the Chief of Engineers, and with the aid of such civilian engineers as the President shall deem advisable, a full and complete investigation and survey for the purpose of ascertaining the practicability and the approximate cost of constructing and maintaining (1) such additional locks and other facilities at the Panama Canal as may be necessary to provide for the future needs of interoceanic shipping; and (2) any other route for a ship canal between the Atlantic and Pacific Oceans. Sec. 1, pub. res. of Mar. 2, 1929 (45 Stat. 1539). The President is hereby authorized to cause to be made, under the direction of the Secretary of War and the supervision of the Chief of Engineers, and with the aid of such civilian engineers as the President shall deem advisable, a full and complete investigation and survey for the purpose of revising and bringing down to date the reports of the Isthmian Canal Commission transmitted to Congress, with respect to the practicability and advantages and approximate cost of constructing a canal across Nicaragua, and for the purpose of obtaining all additional available information respecting (1) the most practical route for an interoceanic ship canal across the Republic of Nicaragua by way of the San Juan River and the Great Lake of Nicaragua, or by way of any other route over Nicaraguan territory, including suitable locations for harbors at each of the termini thereof; (2) the practicability and approximate cost of constructing and maintaining such canal; and (3) the approximate cost of acquiring all private rights, properties, privileges, and franchises, if any, included in or necessarily affected by such canal route. Sec. 2, pub. res. of Mar. 2, 1929 (45 Stat. 1539).

The Chief of Engineers, under the direction of the Secretary of War, may establish and maintain, during the investigations and surveys authorized by this resolution, such stations as he may deem necessary for ascertaining the

E

water supply available for the operation of a canal across Nicaragua or elsewhere and for the operation of the additional locks and other facilities at the Panama Canal. Sec. 3, pub. res. of Mar. 2, 1929 (45 Stat. 1539).

The President is hereby requested to report to the Congress not later than two years from the approval of this resolution the results of the investigations and surveys hereby authorized, together with such recommendations in connection therewith as he may deem advisable. Sec. 5, pub. res. of Mar. 2, 1929 (45 Stat. 1540).

That the Secretary of War is hereby authorized to continue the gathering of hydrological data, concerning the proposed Nicaragua Canal, by personnel operating continuously in Nicaragua under the supervision of the Chief of Engineers, as recommended in House Document Numbered 139, 72nd Congress, 1st Session; the cost of this work, and such incidental expenses as may be necessary in connection therewith, to be paid from appropriations hereafter made for examinations, surveys, and contingencies of Rivers and Harbors. Sec. 12, act of June 20, 1938 (52 Stat. 808).

2129. Canal Zone; repatriation of aliens.-For repatriation of unemployed aliens who have been employed in the service of the United States Government or the Panama Railroad Company on the Isthmus of Panama for three or more years at any time, and repatriation of members of families of such alien former employees, including expenses of transportation of such alien former employees and members of their families, and the payment in cash of not to exceed $100 to each such alien former employee for assistance in rehabilitation after repatriation, $150,000, to be expended under the direction of the Governor of the Panama Canal and to be available until expended. Pub. res. of May 7, 1934 (48 Stat. 670).

2130. Canal Zone; sales by Panama Canal.--In addition to the foregoing sums there is appropriated for the fiscal year nineteen hundred and thirty for expenditures and reinvestment under the several heads of appropriation aforesaid, without being covered into the Treasury of the United States, all moneys received by the Panama Canal from services rendered or materials and supplies furnished to the United States, the Panama Railroad Company, the Canal Zone Government, or to their employees, respectively, or to the Panama Government, from hotel and hospital supplies and services; from rentals, wharfage, and like service; from labor, materials, and supplies, and other services furnished to vessels other than those passing through the canal, and to others unable to obtain the same elsewhere; from the sale of scrap and other by-products of manufacturing and shop operations; from the sale of obsolete and unserviceable material, supplies, and equipment purchased or acquired for the operation, maintenance, protection, sanitation, and government of the canal and Canal Zone; and any net profits accruing from such business to the Panama Canal shall annually be covered into the Treasury of the United States. Act of Feb. 28, 1929 (45 Stat. 1386), making appropriations for the support of the War Department; 48 U. S. C. 1323.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 348) that parts of this section, based on War Department appropriation act of February 28, 1929 (45 Stat. 1386), and subsequent appropriation acts, which are included in 48 U. S. C. 1323, be omitted as temporary.

2131. Hawaii; laws in effect.-That the Constitution, and, except as otherwise provided, all the laws of the United States, including laws carrying general appropriations, which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: Pro

vided, That sections eighteen hundred and forty-one to eighteen hundred and ninety-one, inclusive, nineteen hundred and ten and nineteen hundred and twelve, of the Revised Statutes, and the amendments thereto, and an Act entitled "An Act to prohibit the passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes," approved July thirtieth, eighteen hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii. Sec. 5, act of Apr. 30, 1900 (31 Stat. 141); sec. 1, act of May 27, 1910 (36 Stat. 443); act of April 12, 1930 (46 Stat. 160); 48 U. S. C. 495.

That the laws of Hawaii not inconsistent with the Constitution or laws of the United States or the provisions of this Act shall continue in force, subject to repeal or amendment by the Legislature of Hawaii or the Congress of the United States. Sec. 6, act of Apr. 30, 1900 (31 Stat. 142); 48 U. S. C. 496.

Sec. 5, as originally enacted, provided that the Constitution, and, except as otherwise provided, all the laws of the United States not locally inapplicable should have the same force and effect within the Territory as elsewhere in the United States, with a proviso that R. S. 1850, 1890, should not apply to the Territory. It was amended by adding the clause "including laws carrying general appropriations," and by changing the proviso to read as set forth here.

R. S. 1910, 1912, mentioned in this section, containing provisions relating to the courts of certain Territories named or referred to therein, were superseded by the admission of all said Territories to the Union as States.

The above is the general provision.

nature are not given herein.

Various specific provisions relating to Hawaii of like

By act of March 26, 1934 (48 Stat. 467), Federal liquor prohibition laws to the exent that they were in force in Hawaii were repealed.

2132. Indian country; introduction of intoxicants.-Any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication to any Indian to whom an allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian who is a ward of the Government under charge of any Indian superintendent or agent, or to any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be punished for the first offense by imprisonment for not more than one year, and by a fine of not more than $500, and for the second offense and each offense thereafter by imprisonment for not more than five years, and by a fine of not more than $2,000: Provided, however, That the person convicted shall be committed until fine and costs are paid: And provided further, That first offenses under this section may be prosecuted by information, but no person convicted of a first offense under this section shall be sentenced to imprisonment in a penitentiary or required to perform hard labor. It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Department or any officer duly authorized thereunto by the War Department. * R. S. 2139; act of July 23, 1892 (27 Stat. 260); sec. 1, act of June 15, 1938 (52 Stat. 696); 25 U. S. C. 241.

*

And no part of section twenty-one hundred and thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler, or storekeeper, attaché, or employee of the Army of the United States who shall barter, donate, or furnish in any manner whatsoever liquors, wines, beer, or any intoxicating beverage whatsoever to any Indian. Sec. 1, act of July 4, 1884 (23 Stat. 94); 25 U. 8. O. 249. That hereafter the special Indian liquor laws shall not apply to former Indian lands now outside of any existing Indian reservation in any case where the land is no longer held by Indians under trust patents or under any other form of deed or patent which contains restrictions against alienation without the consent of some official of the United States Government: Provided, however, That nothing in this Act shall be construed to discontinue or repeal the provisions of the Indian liquor laws which prohibit the sale, gift, barter, exchange, or other disposition of beer, wine, and other liquors to Indians of the classes set forth in the Act of January 30, 1897 (29 Stat. L. 506), and section 241, title 25, of the United States Code. Act of June 27, 1934 (48 Stat. 1245); 25 U. S. C. 254.

The second paragraph was repeated in sec. 1, act of Jan. 30, 1897 (29 Stat. 506), both acts dealing with the introduction into or sale in the Indian country of intoxicating liquors.

Section 3, act of June 15, 1938 (52 Stat. 697), repeals the act of January 30, 1897 (29 Stat. 506), which contained provisions similar to those of R. S. 2139, supra.

2133. Indian country; livestock transactions. The agent of each tribe of Indians, lawfully residing in the Indian country, is authorized to sell for the benefit of such Indians any cattle, horses, or other livestock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the Secretary of the Interior. But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Secretary of War, connected with the movement or subsistence of troops. R. S. 2127; 25 U. 8. C. 192.

*

All such livestock so purchased or issued and the increase therefrom belonging to restricted Indians and grazed in the Indian country shall not be removed from the Indian country except with the consent in writing of the superintendent or other officer in charge of the tribe to which the owner or possessor of such livestock belongs, or by order of the Secretary of War, in connection with the movement of troops. R. S. 2138; sec. 1, act of June 30, 1919 (41 Stat. 9); 25 U. S. C. 214.

This is a provision relating to the movement of livestock from the Indian country. As originally enacted, R. 8. 2138 was as follows:

"Every person who drives or removes, except by authority of an order lawfully issued by the Secretary of War, connected with the movement or subsistence of troops, any cattle, horses, or other stock from the Indian country for the purposes of trade or commerce, shall be punishable by imprisonment for not more than three years, or by a fine of not more than five thousand dollars, or both."

Sale of Government purchased cattle by Indians, except to members of their own tribe, is prohibited, unless the agent's written consent be obtained, by act of July 4, 1884 (23 Stat. 94).

2134. Philippines; laws in effect. That the provisions of this Act and the name "The Philippines" as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace concluded between the United States and Spain on the eleventh day of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the seventh day of November, nineteen hundred. Sec. 1, act of Aug. 29, 1916 (39 Stat. 545); 48 U. S. C. 1001.

That the statutory laws of the United States hereafter enacted shall not apply to the Philippine Islands except when they specifically so provide, or it is so provided in this Act. Sec. 5, act of Aug. 29, 1916 (39 Stat. 547); 48 U. S. C. 1003.

That the laws now in force in the Philippines shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided or by Act of Congress of the United States. Sec. 6, act of Aug. 29, 1916 (39 Stat. 547) ; 48 U. S. C. 1004.

That all laws or parts of laws applicable to the Philippines not in conflict with any of the provisions of this Act are hereby continued in force and effect. Sec. 31, act of Aug. 29, 1916 (39 Stat. 556); 48 U. S. C. 1006.

The above is the general provision. Various specific provisions relating to the Philippines of like nature are not given herein.

Notes of Decisions

In general.-Federal trade-mark act held | valid trade-marks in commerce between connot to displace Philippine statute regulat- tinental United States and Philippine ing trade-marks, trade names, and unfair Islands. American Trading Co. v. Heacock competition in Philippines, but applies to Co. (1932), 285 U. S. 247.

2135. Philippines; Independence Act.-The Philippine Legislature is hereby authorized to provide for the election of delegates to a constitutional convention, which shall meet in the hall of the house of representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, but not later than October 1, 1934, to formulate and draft a constitution for the government of the Commonwealth of the Philippine Islands, subject to the conditions and qualifications prescribed in this Act, which shall exercise jurisdiction over all the territory ceded to the United States by the treaty of peace concluded between the United States and Spain on the 10th day of December 1898, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the 7th day of November 1900. The Philippine Legislature shall provide for the necessary expenses of such convention. Sec. 1, act of Mar. 24, 1934 (48 Stat. 456); 48 U. S. C. 1231.

By subsequent provisions of the act of Mar. 24, 1934, supra, it is provided that, pending final and complete withdrawal of American sovereignty, the United States shall have the right to maintain military and other reservations and armed forces in the Philippines, and upon order of the President, to call into the service of such armed forces all military forces organized by the Philippine government; and that the United States shall be represented by a High Commissioner who shall be recognized by the government of the Commonwealth of the Philippine Islands and by the commanding officer of the military forces of the United States. Upon recognition of complete independence the United States is to surrender all rights in the Philippines, including military and other reservations except naval reservations and fueling stations. This act superseded a similar act of Jan. 17, 1933, on which no action was taken by the Philippine government.

The act of March 24, 1934, supra, was accepted by the Philippine Legislature in Joint session on May 1, 1934, the 36th anniversary of the battle of Manila Bay.

Presidential Proclamation No. 2148, November 14, 1935, announced and proclaimed the result of the election of officers of the government of the Commonwealth of the Philippines held September 17, 1935, and further announced and proclaimed that, upon its promulgation, the existing Philippine government should terminate, and the government of the Commonwealth of the Philippines should enter upon its rights, privileges, powers, and duties as provided under its constitution.

Title II, War Department Appropriation Act of May 15, 1936 (49 Stat. 1304), and subsequent appropriation acts make appropriations for the office of the United States High Commissioner, and limit the salary of the legal adviser and financial expert.

By 157a, ante, the President is authorized to designate an Army officer as Acting United States High Commissioner to the Philippine Islands.