COMMITTEE ON FORMS OF

TRACTS-Continued.

DEPARTMENTAL

CON

eral of the executive departments, to investigate and examine into the forms of contracts used by the various departments, bureaus, and offices of the Government, may lawfully proceed with the work of investigation instrusted to it. 308.

2. Same Compensation. The prohibition in section 9 of the act of March 4, 1909 (35 Stat. 1027), against the payment of public money as compensation or for expenses of any commission, board, etc., unless the creation thereof shall have been authorized by law, can not prevent the reference by the President or the heads of the several executive departments to employees of such departments, of questions which relate to matters properly within their employment; and in considering such questions they may meet and act as a committee. Ib.

COMPENSATION.

1. Compensation of Plate Printer for Injury Sustained in the Course of his Employment.-A plate printer in the Bureau of Engraving and Printing whose right wrist was sprained in the course of his employment, and without misconduct or negligence on his part, which injury was complicated by a rupture of the synovial sac surrounding the ligaments leading from the back part of the forearm to the fingers, the injury continuing for more than fifteen days, suffered "an injury" within the meaning of the act of May 30, 1908 (35 Stat. 556), on account of which, compensation may be paid. 346.

2. Same. The word "injury" in section 4 of that act is employed comprehensively, to embrace all the cases of incapacity to continue work or employment, unless the injury is due to the negligence or misconduct of the employee injured, and includes all cases where, as a result of the employee's occupation, and without any negligence or misconduct, he becomes unable to carry on his work, and the condition continues for more than fifteen days. Ib.

3. Same. The word "accident" is employed in that section to denote the happening of some unusual event producing death or injury, which injury results in incapacity for work, lasting more than fifteen days. Ib.

4. Same. An employee may be injured in the course of his employment within the language of that statute, without having suffered a definite accident. Ib.

FOR DESTRUCTION OF OYSTER BEDS. See NAVIGABLE WATERS, 3, 4.
FOR PRIVILEGE OF CONSTRUCTING A DAM ACROSS NAVIGABLE
RIVERS. See DAMS.

FOR TRANSPORTATION OF MAILS. See POSTAL SERVICE, 1-3.
OF REFEREE BOARD. See DEPARTMENT OF AGRICULTURE, 10.
See also COMMITTEE ON FORMS OF DEPARTMENTAL CONTRACT;
BOARD ON LIFE-SAVING APPLIANCES, NIAGARA FALLS COM-
MITTEE OF LANDSCAPE ARCHITECTS.

COMPROMISE.

1. Compromise of Suit for Penalty Incurred under the Contract-Labor Law. The Secretary of the Treasury has no authority, under section 3469, Revised Statutes, to compromise a suit to recover a penalty incurred under the alien contract-labor law. 241. 2. Same. That section does not confer upon the Secretary of the Treasury any duty with respect to the administration of the criminal laws of the United States, and does not extend to the compromise of a right to or suit for a penalty imposed as a punishment for the violation of law.

Ib.

COMPTROLLER OF THE CURRENCY. See NATIONAL BANKS, 5. CONCESSIONS. See PANAMA, 5–7.

CONGRESS.

Sanction for Erection of Proposed Bridge Across the Niagara
River. The sanction of Congress is required for the construction
of a proposed bridge across the Niagara River, connecting Niagara
Falls, N. Y., with Niagara Falls, Ontario, Canada. 120.
AUTHORITY To Construct DAMS. See DAMS, 1, 4, 8-13.
POWER OVER NAVIGABLE WATERS. See NAVIGABLE WATERS, 2.
QUOTAS OF MEMBERS. See GOVERNMENT PUBLICATIONS.
CONSOLIDATION

OF BUREAUS. See DEPARTMENT OF COMMERCE AND LABOR.
OF CLAIMS TO COAL LANDS. See ALASKA.

CONSTITUTION.

See TABLE OF CONSTITUTIONAL PROVISIONS CITED,

p. X.

CONSTRUCTION CORPS.

LEAVE PAY. See NAVY, 11.

CONSTRUCTION OF STATUTES.

See STATUTORY CONSTRUCTION.

CONSTRUCTION OF TREATIES. See EXTRADITION, 2.

CONTRACT-LABOR LAW. See COMPROMISE; AND IMMIGRATION,

5-11.

CONTRACT SURGEONS. See ARMY, 14, 15.

CONTRACTS.

INSURANCE OF ASSETS OF NATIONAL BANKS. See NATIONAL
BANKS, 7, 8.

PAPER FOR POSTAL CARDS. See PUBLIC PRINTER.

RECLAMATION PROJECTS. See IRRIGATION.

RIGHT ΤΟ MANUFACTURE

See NAVY, 14-16.

COURT-MARTIAL. See ARMY, 5.

CUSTOMS LAW.

PATENTED TURBINE MACHINERY.

1. Drawback-Blended Flour.-Drawback is allowable under section 30 of the act of July 24, 1897 (30 Stat. 211), on blended flour produced by thoroughly mixing and aerating an imported flour ground from Manitoba hard spring wheat, containing a high percentage of glutin, with a domestic flour of medium

CUSTOMS LAW-Continued.

strength, of a high color and great keeping qualities, thus producing a superior flour differing from the imported flour in color, texture, and keeping qualities, and having a distinct commercial designation. 68.

2. Same. Blended flour is a "manufacture" within the meaning of section 30 of the tariff act of 1897. Ib.

3. Drawback-Steam Evaporator and Steam Pump used in Construction of a Dredge.-Section 17 of the act of June 26, 1884 (23 Stat. 57), allowing drawback on vessels built in the United States for foreign account, wholly or partly of foreign materials on which import duties have been paid, was not repealed by sections 7 of the act of August 27, 1894 (28 Stat. 509, 548), and 12 of the act of July 24, 1897 (30 Stat. 207), but continue in force. 228.

4. Same.. -A dredge is a vessel within the meaning of section 17 of the act of June 26, 1884 (23 Stat. 57). Ib.

5. Same. Those appliances which are permanently attached to a vessel and which would remain on board were the vessel to be laid up for a long period are parts of the vessel itself. Ib.

6. Same. A steam pump and steam evaporator imported and used in the construction of a steam dredge are so attached to the vessel and are such essential and permanent parts of it that they are properly material used in the construction of the vessel within the meaning of section 17 of the act of 1884. Ib.

7. Same.

Drawback should not be refused because the materials which compose the pump and evaporator were not assembled after importation, but were purchased as a whole abroad. The act requires only that the vessel be built in the United States and not that each separate attachment or appliance be manufactured in this country. Ib.

8. Same-Vessels Leaving on their Own Bottoms.-The drawback provision of section 17 applies not only to vessels exported on the decks of other vessels but applies also to vessels leaving the United States on their own bottoms. Ib.

9. Same. The amount of drawback is regulated by the act of July 24, 1907, sec. 30 (30 Stat. 211), and is 99 per cent of the duties paid. Ib.

10. Refund on Lead Lost in Smelting.-Duty paid under paragraph 181 of the tariff act of 1897 (30 Stat. 166) upon lead contained in certain imported copper ores, which lead entirely disappeared in the smelting of the ore, can not be refunded. 354.

11. Withdrawal of Whisky from Bond, Transportation to Foreign Ports, and Reimportation. A withdrawal of whiskies from bonded warehouses under sections 3329 and 3330, Revised Statutes, and transportation thereof to foreign ports with the intention of holding the same for a time and then having them returned as reimportations of manufactures of the United States, the purpose being to postpone payment of the taxes on the whiskies shipped, is not an exportation within the meaning of these sections. 113.

CUSTOMS LAW-Continued. 12. Same.

Such withdrawal, not being a bona fide exportation, is unlawful, and a forfeiture of the whiskies involved can be enforced if found within the jurisdiction of the United States. The parties withdrawing the same are also liable to punishment. Ib. 13. Same. To constitute a bona fide exportation it is necessary that the owner of the whisky should intend that it should not only be landed in a foreign port, but that it should enter into the commerce of some foreign country. Ib.

14. Opium Transferred from one Vessel to Another in a Port of the United States. Smoking opium may be brought into a port of the United States from a foreign country on one vessel and lawfully transferred to another vessel for immediate transportation to a foreign destination. 440.

15. Same. Opium could not, under the laws existing at the time of the passage of the act of February 9, 1909 (35 Stat. 614), be brought into a port of this country from a foreign country and exported from the same port on another vessel without being subject to duty. Ib.

16. Same. Since the act of February 9, 1909, which prohibits absolutely the importation of opium in any form, smoking opium is not subject to duty, and can not under any circumstances be entered and bonded for warehousing; and the law which made the bringing of opium into a port an importation for such purposes, is, as to smoking opium, repealed. Ib.

17. Same.

DAMS.

The entering of merchandise for immediate exportation and without any intent that it shall enter into the commerce of a country, is not an importation. Ib.

1. Construction of Dam Across a Navigable River-Compensation for Privilege. The Chief of Engineers and the Secretary of War are not authorized by the act of June 21, 1906 (34 Stat. 386), to require, as a condition to a license for the construction of a dam across a navigable river, the payment of a sum or sums by way of compensation for the privilege granted, although they may require such payments or assumption of expenses as are necessary or proper to insure the navigability of the stream. Within the scope of the powers granted by Congress in this regard the discretion of the Chief of Engineers and the Secretary of War is not limited. 462.

2. Construction of Long Sault Rapids Dam, Rainy River.-The President and the Senate, by the exercise of the treaty-making power, and without the consent of the State of Minnesota, can grant the Canadian government the easement it desires to construct on American territory a portion of a dam at the foot of Long Sault Rapids in Rainy River, which river is an international boundary line between Minnesota and a portion of the Province of Ontario, the purpose being to make the Rainy River navigable from the proposed dam to the falls of Fort Frances. 327.

3. Same. This may be done without the consent of the State of Minnesota and notwithstanding the land adjoining the river at that place may be owned by a private individual. Ib.

4. Same. Congress can, by legislative enactment, authorize the Canadian government to occupy the land in question, and may also authorize the condemnation of property for that purpose, if necessary. Ib.

5. Same Not a taking of Private Property. If no injury should arise from the construction of the dam other than the mere occupancy of such portion of the bed and bank of the stream as might be necessary for its construction, this would not constitute a taking of private property for public use in the constitutional sense, and no liability for compensation would arise therefrom. Ib. 6. Same Overflowed Lands Compensation.-If in consequence of the construction of the dam, adjoining lands should be overflowed and their value be destroyed, such action would be a taking of property in the constitutional sense, and it would be necessary to make proper compensation therefor. Ib. 7. Same.

If the entire title to such strip of land should be taken and not a mere easement therein, proper compensation would have to be paid. Ib.

8. Same Occupation of American Side by Canadian Government.— Congress has not conferred upon any person the power to authorize the Canadian government to occupy the American side of the river for the purpose mentioned. Ib.

9. Same

Congress did not Attempt to Deprive a State of all Jurisdiction. Sections 9 and 10 of the act of March 3, 1899 (30 Stat. 1151), merely provides that, under circumstances described, the Secretary of War may withdraw all objections upon the part of the United States to the erection of structures mentioned therein over navigable streams, but Congress did not by that act assume to deprive a State in which such stream may be situated, of all jurisdiction thereover. Ib.

10. Same.

Congress has authorized no one to give assent for the United States to the construction of the dam in question, although the legislature of Minnesota should, so far as it has power to do, authorize its construction. Ib.

11. Same. The State of Minnesota can not enter into a compact or agreement with Great Britain or the Canadian government, whereby the dam may be constructed, without the consent of Congress. Ib.

12. Same. The dam may be constructed under an agreement between Great Britain and the State of Minnesota, to which Congress shall have given its consent. Ib.

13. Same.

The Canadian government might undertake the construction of the portion of the dam on the American side of the river through a corporation organized under the laws of Minnesota, said construction having been first properly authorized by Congress. Ib.