SEC. 9. That all power and authority heretofore possessed or exercised by the head of any executive department over any bureau, office, branch, or division of the public service by this act transferred to the Department of Commerce and Labor, or any business arising therefrom or pertaining thereto, whether of an appellate or revisory character, or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Commerce and Labor. And all acts or parts of acts inconsistent with this act are, so far as so inconsistent, hereby repealed.

SEC. 10. A person, to be designated by the Secretary of State, shall be appointed to formulate, under his direction, for the instruction of consular officers, the requests of the Secretary of Commerce and Labor, and to prepare from the dispatches of consular officers, for transmission to the Secretary of Commerce and Labor, such information as pertains to the work of the Department of Commerce and Labor, and such person shall have the rank and salary of a chief of bureau, and be furnished with such clerical assistance as may be deemed necessary by the Secretary of State.

SEC. 11. This act shall take effect and be in force from and after its passage.

IN THE HOUSE OF REPRESENTATIVES, UNITED STATES,

January 15, 1903.

Resolved, That the bill from the Senate (S. 569) entitled "An act to establish the Department of Commerce and Labor" do pass with the following amendment:

Strike out all after the enacting clause and insert:

"That there shall be at the seat of government an executive department to be known as the Department of Commerce and Labor, and a Secretary of Commerce and Labor, who shall be the head thereof, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall receive a salary of $8,000 per annum, and whose term and tenure of office shall be like that of the heads of the other Executive Departments; and section 158 of the Revised Statutes is hereby amended to include such Department, and the provisons of title 4 of the Revised Statutes, including all amendments thereto, are hereby made applicable to said Department. The said Secretary shall cause a seal of office to be made for the said Department of such device as the President shall approve, and judicial notice shall be taken of the said seal.

SEC. 2. That there shall be in said Department an Assistant Secretary of Commerce and Labor, to be appointed by the President, who shall receive a salary of $5,000 a year. He shall perform such duties as shall be prescribed by the Secretary or required by law. There shall also be one chief clerk and a disbursing clerk and such other clerical assistants as may from time to time be authorized by Congress; and the Auditor for the State and other Departments shall receive all accounts accruing in or relative to the Department of Commerce and Labor and examine the same, and certify the balances arising thereon to the Secretary of the Treasury in the same manner as the balances on similar accounts are certified under existing law.

"SEC. 3. That it shall be the province and duty of said Department to foster, promote, and develop the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery industries, the labor interests, and the transportation facilities of the United States; and to this end it shall be vested with jurisdiction and control of the departments, bureaus, offices, and branches of the public service hereinafter specified, and with such other powers and duties as may be prescribed by law. All unexpended appropriations, which shall be available at the time when this act takes effect, in relation to the various offices, bureaus, divisions, and other branches of the public service, which shall, by this act, be transferred to or included in the Department of Commerce and Labor, or which may hereafter, in accordance with the provisions of this act, be so transferred, shall become available, from the time of such transfer, for expenditure in and by the Department of Commerce and Labor, and shall be treated the same as though said branches of the public service had been directly named in the laws making said appropriations as parts of the Department of Commerce and Labor, under the direction of the Secretary of said Department.

"SEC. 4. That the following named offices, bureaus, divisions, and branches of the public service, now and heretofore under the jurisdiction of the Department of the Treasury, and all that pertains to the same, known as the Light House Board, the Light-House Establishment, the National Bureau of Standards, the Coast and Geodetic Survey, the Commissioner-General of Immigration, the Commissioners of Immigration, the Bureau of Immigration, the immigration service at large, and the Bureau of Statistics, be, and the same hereby are, transferred from the Department of the Treasury to the Department of Commerce and Labor, and the same shall hereafter remain under the jurisdiction and supervision of the last-named Department; and that the Census Office, and all that pertains to the same, be, and the same hereby is, transferred from the Department of the Interior to the Department of Commerce and Labor, to remain henceforth under the jurisdiction of the latter; that the Department of Labor, the Fish Commissioner, and the Office of Commissioner of Fish and Fisheries, and all that pertains to the same, be, and the same hereby are, placed under the jurisdiction and made a part of the Department of Commerce and Labor; that the Bureau of Foreign Commerce, now in the Department of State, be, and the same hereby is, transferred to the Department of Commerce and Labor and consolidated with and made a part of the Bureau of Statisties, hereinbefore transferred from the Department of the Treasury to the Department of Commerce and Labor, and the two shall constitute one bureau, to be called the Bureau of Statistics, with a chief of the Bureau; and that the Secretary of Commerce and Labor shall have control of the work of gathering and distributing statistical information naturally relating to the subjects confided to his Department; and the Secretary of Commerce and Labor is hereby given the power and authority to rearrange the statistical work of the bureaus and offices confided to said Department, and to consolidate any of the statistical bureaus and offices transferred to said Department; and said Secretary shall also have authority to call upon other departments of the Government for statistical data and results obtained by them; and said Seeretary of Commerce and Labor may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise.

"That the official records and papers now on file in and pertaining exclusively to the business of any bureau, office, department, or branch of the public service in this act transferred to the Department of Commerce and Labor, together with the furniture now in use in such bureau, office, department, or branch of the public service, shall be, and hereby are, transferred to the Department of Commerce and Labor.

"SEC. 5. That there shall be in the Department of Commerce and Labor a bureau to be called the Bureau of Manufactures, and a chief of said Bureau, who shall be appointed by the President, and who shall receive a salary of $4,000 per annum. There shall also be in said Bureau such clerical assistants as may from time to time be authorized by Congress. It shall be the province and duty of said Bureau, under the direction of the Secretary, to foster, promote, and develop the various manufacturing industries of the United States, and markets for the same at home and abroad, domestic and foreign, by gathering, compiling, publishing, and supplying all available and useful information concerning such industries and such markets, and by such other methods and means as may be prescribed by the Secretary or provided by law. And all consular officers of the United States, including consuls

general, consuls, and commercial agents, are hereby required, and it is made a part of their duty, under the direction of the Secretary of State, to gather and compile, from time to time, useful and material information and statistics in respect to the subjects enumerated in section 3 of this act in the countries and places to which such consular officers are accredited, and to send, under the direction of the Secretary of State, reports as often as required of the information and statistics thus gathered and compiled, such reports to be transmitted through the State Department to the Secretary of the Department of Commerce and Labor.

"SEC. 6. That there shall be in the Department of Commerce and Labor a bureau to be called the Bureau of Corporations, and the chief of said Bureau shall be appointed by the President and shall receive a salary of $4,000 per annum. There shall also be in said Bureau such clerks and assistants as may from time to time be authorized by law. It shall be the province and duty of said Bureau, under the direction of the Secretary of Commerce and Labor, to gather, compile, publish, and supply useful information concerning such corporations doing business within the limits of the United States as shall engage in interstate commerce or in commerce between the United States and any foreign country, and to attend to such other duties as may be hereafter provided by law.

"SEC. 7. That the jurisdiction, supervision, and control now possessed and exercised by the Department of the Treasury over the fur-seal, salmon, and other fisheries of Alaska and over the immigra tion of aliens into the United States, its waters, territories, and any place subject to the jurisdiction thereof, are hereby transferred and vested in the Department of Commerce and Labor. That the authority, power, and jurisdiction now possessed and exercised by the Secretary of the Treasury by virtue of any law in relation to the exclusion from and the residence within the United States, its Territories, and the District of Columbia, of Chinese and persons of Chinese descent, are hereby transferred to and conferred upon the Secretary of Commerce and Labor, and the authority, power, and jurisdiction in relation thereto now vested by law or treaty in the collectors of customs and the collectors of internal revenue are hereby conferred upon and vested in such officers under the control of the Commissioner-General of Immigration as the Secretary of Commerce and Labor may designate therefor.

"SEC. 8. That the Secretary of Commerce and Labor shall annually, at the close of each fiscal year, make a report in writing to Congress, giving an account of all moneys received and disbursed by him and his Department, and describing the work done by the Department in fostering, promoting, and developing the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery industries, and the transportation facilities of the United States, and making such recommendations as he shall deem necessary for the effective performance of the duties and purposes of the Department. He shall also from time to time make such special investigations and reports as he may be required to do by the President, or by either House of Congress, or which he himself may deem necessary and urgent.

"SEC. 9. That the Secretary of Commerce and Labor shall have charge, in the buildings or premises occupied by or appropriated to the Department of Commerce and Labor, of the library, furniture, fixtures, records, and other property pertaining to it or hereafter acquired for use in its business; and he shall be allowed to expend for periodicals and the purposes of the library, and for the rental of appropriate quarters for the accommodation of the Department of Commerce and Labor within the District of Columbia, and for all other incidental expenses, such sums as Congress may provide from time to time: Provided, however, That where any office, bureau, or branch of the public service transferred to the Department of Commerce and Labor by this act is occupying rented buildings or premises, it may still continue to do so until other suitable quarters are provided for its use: And provided further, That all officers, clerks, and employees now employed in any of the bureaus, offices, departments, or branches of the public service in this act transferred to the Department of Commerce and Labor are each and all hereby transferred to said Department at their present grades and salaries, except where otherwise provided in this act: And provided further, That all laws prescribing the work and defining the duties of the several bureaus, offices, departments, or branches of the public service by this act transferred to and made a part of the Department of Commerce and Labor shall, so far as the same are not in conflict with the provisions of this act, remain in full force and effect until otherwise provided by law.

"SEC. 10. That all power and authority heretofore possessed or exercised by the head of any executive department over any bureau, office, branch, or division of the public service by this act transferred to the Department of Commerce and Labor, or any business arising therefrom or pertaining thereto, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Commerce and Labor, And all acts or parts of acts inconsistent with this act are, so far as so inconsistent, hereby repealed.

"SEC. 11. A person, to be designated by the Secretary of State, shall be appointed to formulate, under his direction, for the instruction of consular officers the requests of the Secretary of Commercé and Labor; and to prepare from the dispatches of consular officers, for transmission to the Secretary of Commerce and Labor, such information as pertains to the work of the Department of Commerce and Labor; and such person shall have the rank and salary of a chief of bureau, and be furnished with such clerical assistants as may from time to time be authorized by law.

"SEC. 12. That the President be, and he is hereby, authorized, by order in writing, to transfer at any time the whole or any part of any office, bureau, division, or other branch of the public service engaged in statistical or scientific work, or the Interstate Commerce Commission, to the Department of Commerce and Labor; and in every such case the duties and authority performed by and conferred by law upon such office, bureau, division, or other branch of the public service, or the part thereof so transferred, shall be thereby transferred with such office, bureau, division, or other branch of the public service, or the part thereof which is so transferred. And all power and authority conferred by law, both supervisory and appellate, upon the department from which such transfer is made, or the secretary thereof, in relation to the said office, bureau, division, or other branch of the public service, or the part thereof so transferred, shall immediately, when such, transfer is so ordered by the President, be fully conferred upon and vested in the Department of Commerce and Labor, or the Secretary thereof, as the case may be, as to the whole or part of such office, bureau, division, or other branch of the public service so transferred.

"SEC. 13. That this act shall take effect and be in force from and after its passage: Provided, however, That the provisions in this act in relation to the transfer of any existing office, bureau, division, officer, or other branch of the public service or authority now conferred thereon, to the Department of Commerce and Labor shall take effect and be in force on the 1st day of July, 1903, and not before."

SENATE CONFEREES APPOINTED JANUARY 29, 1903.

Mr. HANNA. I am instructed by the Committee on Commerce, to whom were referred the bill (S. 569) to establish the Department of Commerce and Labor and the amendment of the House of Representatives thereto, to recommend a disagree

27628-0441

ment to the House amendment and ask for a conference on the disagreeing votes of the two Houses.

The PRESIDENT pro tempore. The Senator from Ohio moves that the Senate disagree to the amendment of the House of Representatives and requests a conference. The motion was agreed to.

By unanimous consent, the President pro tempore was authorized to appoint the conferees on the part of the Senate; and Mr. Hanna, Mr. Nelson, and Mr. Clay were appointed.

HOUSE CONFEREES APPOINTED JANUARY 29, 1903

The SPEAKER pro tempore laid before the House the bill (S. 569) to establish the Department of Commerce and Labor, with House amendment disagreed to by the

Senate.

Mr. HEPBURN. Mr. Speaker, I move that the House insist upon its amendment and agree to the conference asked by the Senate.

The SPEAKER pro tempore. The gentleman from Iowa moves that the House insist upon its amendment and agree to the conference asked by the Senate.

The motion was agreed to.

The SPEAKER pro tempore announced the appointment of the following conferees: Mr. Hepburn, Mr. Mann, and Mr. Richardson, of Alabama.

CONFERENCE REPORT TO HOUSE FEBRUARY 9, 1903

Mr. HEPBURN. Mr. Speaker, I desire to present a conference report, together with the statement of the conferees, on the bill (S. 569) to establish a Department of Commerce and Labor, and ask that the same be printed in the Record, in accordance with the rules.

The SPEAKER pro tempore. The gentleman from Iowa submits the conference report, together with a statement of the conferees, which will be printed in the Record, in accordance with the rules.

The conference report is as follows:

The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 569) "to establish the Department of Commerce and Labor," having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House, and agree to the same with amendments as follows: Page 2, line 8 of the amendment, strike out all after the word "Congress" to the end of section 2 and insert in lieu thereof the following: "and the Auditor for the State and other departments shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary of Commerce and Labor, and of all bureaus and offices under his direction, all accounts relating to the Light-House Board, Steamboat-Inspection Service, Immigration, Navigation, Alaskan fur-seal fisheries, the National Bureau of Standards, Coast and Geodetic Survey, Census, Department of Labor, Fish Commission, and to all other business within the jurisdiction of the Department of Commerce and Labor, and certify the balances arising thereon to the division of bookkeeping and warrants and send forthwith a copy of each certificate to the Secretary of Commerce and Labor."

Page 3, line 15 of the amendment, insert, after the word "Establishment," the following: "the Steamboat-Inspection Service, the Bureau of Navigation, the United States Shipping Commissioners." Page 4, line 3 of the amendment, strike out the word "Commissioner" and insert in lieu the word "Commission."

Strike out all of section 6 and insert in lieu the following:

"SEC. 6. That there shall be in the Department of Commerce and Labor a bureau to be called the Bureau of Corporations, and a Commissioner of Corporations who shall be the head of said Bureau, to be appointed by the President, who shall receive a salary of $5,000 per annum. There shall also be in said Bureau a Deputy Commissioner, who shall receive a salary of $3,500 per annum and who shall in the absence of the Commissioner act as and perform the duties of the Commissioner of Corporations, and who shall also perform such other duties as may be assigned to him by the Secretary of Commerce and Labor or by the said Commissioner. There shall also be in the said Bureau a chief clerk and such special agents, clerks, and other employees, as may be authorized by law.

The said Commissioner shall have power and authority to make, under the direction and control of the Secretary of Commerce and Labor, diligent investigation into the organization, conduct, and management of the business of any corporation, joint-stock company, or corporate combination engaged in commerce among the several States and with foreign nations, excepting common carriers subject to an act to regulate commerce,' approved February 4, 1887, and to gather such information and data as will enable the President of the United States to make recommendations to Congress for legislation for the regulation of such commerce, and to report such data to the President from time to time as he shall require; and the information so obtained, or as much thereof as the President may direct shall be made public.

"In order to accomplish the purposes declared in the foregoing part of this section, the said Commissioner shall have and exercise the same power and authority in respect to corporations, jointstock companies, and combinations subject to the provisions hereof as is conferred on the Interstate Commerce Commission in said 'act to regulate commerce' and the amendments thereto in respect to common carriers so far as the same may be applicable, including the right to subpœna and compel the attendance and testimony of witnesses and the production of documentary evidence and to administer oaths. All the requirements, obligations, liabilities, and immunities imposed or conferred by said act to regulate commerce' and by an act in relation to testimony before the Interstate Commerce Commission,' etc., approved February 11, 1893, supplemental to said act to regulate commerce,” shall also apply to all persons who may be Subpoenaed to testify as witnesses or to produce documentary evidence in pursuance of the authority conferred by this section.

"It shall also be the province and duty of said Bureau, under the direction of the Secretary of

Commerce and Labor, to gather, compile, publish, and supply useful information concerning eorporations doing business within the limits of the United States as shall engage in interstate commerce or in commerce between the United States and any foreign country, including corporations engaged in insurance, and to attend to such other duties as may be hereafter provided by law."

Page 6, line 8, of the amendment, after the word "required," insert the words "by the Secretary of Commerce and Labor."

Page 7, line 7, of the amendment, after the word "labor," insert the following: "Provided, That nothing contained in this act shall be construed to alter the method of collecting and accounting for the head tax prescribed by section 1 of the act entitled 'An act to regulate immigration,' approved August 3, 1882."

Page 8, line 25, of the amendment, after the word “in," insert the words "or by."

In lieu of section 10 of the amendment insert the following:

"SEC. 10. That all duties performed and all power and authority now possessed or exercised by the head of any executive department in and over any bureau, office, officer, board, branch, or division of the public service by this act transferred to the Department of Commerce and Labor, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority conferred by law upon such bureau, officer, office, board, branch, or division of the public service, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Commerce and Labor.

"All duties, power, authority, and jurisdiction, whether supervisory, appellate, or otherwise, now imposed or conferred upon the Secretary of the Treasury by acts of Congress relating to merchant vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commissions, records, mortgages, bills of sale, transfers, entry, clearance, movements, and transportation of their cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the better security of life, and by acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive, or dangerous cargo on vessels, the use of petroleum or other similar substances to produce motive power, and relating to the remission or refund of fines, penalties, forfeitures, exactions or charges incurred for violating any provision of law relating to vessels or seamen or to informer's shares of such fines, and by acts of Congress relating to the Commissioner and Bureau of Navigation, shipping commissioners, their officers and employees, Steamboat-Inspection Service and any of the officials thereof, shall be, and hereby are, transferred to and imposed and conferred upon the Secretary of Commerce and Labor from and after the time of the transfer of the Bureau of Navigation, the shipping commissioners, and the Steamboat-Inspection Service to the Department of Commerce and Labor, and shall not thereafter be imposed upon or exercised by the Secretary of the Treasury. And all acts or parts of acts inconsistent with this act are, so far as inconsistent, hereby repealed."

Page 10, line 12 of the amendment, strike out the words "or the Interstate Commerce Commission," and insert the following: "from the Department of State, the Department of the Treasury, the Department of War, the Department of Justice, the Post-Office Department, the Department of the Navy, or the Department of the Interior."

"Page 11, line 6 of the amendment, after the word "act," insert the words "other than those of section 12."

And the House agree to the same.

The statement of the House conferees is as follows:

W. P. HEPBURN,

JAMES R. MANN,

WILLIAM RICHARDSON,

Managers on the part of the House.

M. A. HANNA,

KNUTE NELSON,

A. S. CLAY,

Managers on the part of the Senate.

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 569) to establish the Department of Commerce and Labor, submit the following written statement in explanation of the effect of the action recommended in the accompanying conference report.

The substitute amendment of the House is agreed to with various amendments.

The first of these amendments is to strike out the provision in the House substitute in reference to the auditing of accounts and to insert in lien thereof the following:

"The Auditor for the State and other departments shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary of Commerce and Labor, and of all bureaus and offices under his direction, all accounts relating to the Light-House Board, Steamboat-Inspection Service, Immigration, Navigation, Alaskan fur-seal fisheries, the National Bureau of Standards, Coast and Geodetic Survey, Census, Department of Labor, Fish Commission, and to all other business within the jurisdiction of the Department of Commerce and Labor, and certify the balances arising thereon to the division of bookkeeping and warrants, and send forthwith a copy of each certificate to the Secretary of Commerce and Labor."

This language more nearly conforms with the present law upon the subject of auditing accounts. The second amendment to the House substitute provides for the transfer from the Treasury Department to the Department of Commerce and Labor of the Steamboat-Inspection Service, the Bureau of Navigation, and the United States shipping commissioners.

The third amendment agreed to is to insert the word "Commission," instead of the word “Commissioner," in the description "Fish Commission," the Commissioner of Fish and Fisheries being already included.

The fourth amendment agreed to inserts, after the word “required,” in section 5, the words "by the Secretary of Commerce and Labor," so as to provide that consular officers shall send reports, under the direction of the Secretary of State, as often as required by the Secretary of Commerce and Labor.

The fifth amendment agreed to is to strike out all of section 6 of the House substitute and to insert in lien thereof the following:

"SEC. 6. That there shall be in the Department of Commerce and Labor a bureau to be called the Bureau of Corporations, and a Commissioner of Corporations who shall be the head of said Bureau, to be appointed by the President, who shall receive a salary of $5,000 per annum. There shall also be in said Bureau a Deputy Commissioner, who shall receive a salary of $3,500 per annum, and who shall, in the absence of the Commissioner, act as and perform the duties of the Commissioner of Corporations, and who shall also perform such other duties as may be assigned to him by the Secretary of Commerce and Labor or by the said Commissioner. There shall also be in the said Bureau a chief clerk and such special agents, clerks, and other employees as may be authorized by law.

"The said Commissioner shall have power and authority to make, under the direction and control of the Secretary of Commerce and Labor, diligent investigation into the organization, conduct, and

management of the business of any corporation, joint stock company, or corporate combination engaged in commerce among the several States and with foreign nations excepting common carriers subject to 'An act to regulate commerce,' approved February 4, 1887, and to gather such information and data as will enable the President of the United States to make recommendations to Congress for legislation for the regulation of such commerce, and to report such data to the President from time to time as he shall require; and the information so obtained, or as much thereof as the President may direct, shall be made public.

"In order to accomplish the purposes declared in the foregoing part of this section, the said Commissioner shall have and exercise the same power and authority in respect to corporations, jointstock companies, and combinations subject to the provisions hereof as is conferred on the Interstate Commerce Commission in said 'act to regulate commerce' and the amendments thereto in respect to common carriers, so far as the same may be applicable, including the right to subpoena and compel the attendance and testimony of witnesses and the production of documentary evidence and to administer oaths. All the requirements, obligations, liabilities, and immunities imposed or conferred by said act to regulate commerce' and by 'An act in relation to testimony before the Interstate Commerce Commission,' etc., approved February 11, 1893, supplemental to said 'act to regulate commerce,' shall also apply to all persons who may be subpoenaed to testify as witnesses or to produce documentary evidence in pursuance of the authority conferred by this section.

"It shall also be the province and duty of said Bureau, under the direction of the Secretary of Commerce and Labor, to gather, compile, publish, and supply useful information concerning corporations doing business within the limits of the United States as shall engage in interstate commerce or in commerce between the United States and any foreign country, including corporations engaged in insurance, and to attend to such other duties as may be hereafter provided by law."

The sixth amendment agreed to is to insert at the end of the first sentence in section 7 (which provides for the transfer of the Bureau of Immigration to the new Department) the following: “Provided, That nothing contained in this act shall be construed to alter the method of collecting and accounting for the head tax prescribed by section 1 of the act entitled 'An act to regulate immigration,' approved August 3, 1882."

The seventh amendment agreed to is to insert the words "or by" in section 9, so as to include in the transfer "all officers, clerks, and employees now employed in or by any of the bureaus,” etc., transferred to the new Department.

The eighth amendment agreed to is to strike out all of section 10 and insert in lieu thereof the following:

"That all duties performed and all power and authority now possessed or exercised by the head of any Executive Department in and over any bureau, office, officer, board, branch, or division of the public service by this act transferred to the Department of Commerce and Labor, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority conferred by law upon such bureau, officer, office, board, branch, or division of the public service, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Commerce and Labor.

"All duties, power, authority, and jurisdiction, whether supervisory, appellate, or otherwise, now imposed or conferred upon the Secretary of the Treasury by acts of Congress relating to merchant vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commissions, records, mortgages, bills of sale, transfers, entry, clearance, movements, and transportation of their cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the better security of life, and by acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive, or dangerous cargo on vessels, the use of petroleum or other similar substances to produce motive power, and relating to the remission or refund of fines, penalties, forfeitures, exactions, or charges incurred for violating any provision of law relating to vessels or senmen or to informer's share of such fines, and by acts of Congress relating to the Commissioner and ' Bureau of Navigation, shipping commissioners, their officers and employees, Steamboat-Inspection Service and any of the officials thereof, shall be, and hereby are, transferred to and imposed and conferred upon the Secretary of Commerce and Labor from and after the time of the transfer of the Bureau of Navigation, the shipping commissioners, and the Steamboat-Inspection Service to the Department of Commerce and Labor, and shall not thereafter be imposed upon or exercised by the Secretary of the Treasury. And all acts or parts of acts inconsistent with this act are, so far as inconsistent, hereby repealed."

The principal new matter inserted in section 10 as agreed to is for the purpose of transferring the present authority vested in the Secretary of the Treasury in regard to navigation and steamboat inspection service to the Secretary of Commerce and Labor. The amendment enumerates various acts of Congress in which the Secretary of the Treasury is now named by that title, in order to more specifically transfer his present power to the Secretary of Commerce and Labor.

The ninth amendment agreed to is to strike out of section 12 the words "or the Interstate Commerce Commission" and insert in lieu thereof the following: "From the Department of State, the Department of the Treasury, the Department of War, the Department of Justice, the Post-Office Department, the Department of the Navy, or the Department of the Interior." The effect of this amendment is to permit the President to transfer statistical or scientific work to the Department of Commerce and Labor from any of the Departments named, but it does not permit him to transfer the Interstate Commerce Commission or the statistical work of the Department of Agriculture or the Interstate Commerce Commission.

The tenth amendment is to insert after the word "act," in line 3 of section 13, the words “other than those of section 12." The effect of this amendment is to make section 12 of the act take effect immediately upon its passage.

W. P. HEPBURN,
JAMES R. MANN,
WILLIAM RICHARDSON,
Managers on the part of the House,

CONFERENCE REPORT TO SENATE FEBRUARY 10, 1903

Mr. HANNA submitted the following report:

The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 569) " to establish the Department of Commerce and Labor," having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House, and agree to the same with amendments as follows:

Page 2, line 8 of the amendment, strike out all after the word "Congress" to the end of section 2 and insert in lieu thereof the following: "and the Auditor for the State and other departments shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary of Commerce and Labor and of all bureaus and offices under his direction, all accounts relating