Page images
PDF
EPUB

Columbia, or for sending, bringing, or carrying from place to place aforesaid; nor (b) unless each package of such virus, serum, toxin, antitoxin, or product is plainly marked with the proper name of the article contained therein, the name, address, and license number of the manufacturer, and the date beyond which the contents can not be expected beyond reasonable doubt to yield their specific results: Provided, That the suspension or revocation of any license shall not prevent the sale, barter, or exchange of any virus, serum, toxin, antitoxin, or product aforesaid which has been sold and delivered by the licentiate prior to such suspension or revocation, unless the owner or custodian of such virus, serum, toxin, antitoxin, or product aforesaid has been notified by the Secretary of the Treasury not to sell, barter, or exchange the same. [32 Stat. L. 728.]

SEC. 2. [False labels, etc.] That no person shall falsely label or mark any package or container of any virus, serum, toxin, antitoxin, or product aforesaid; nor alter any label or mark on any package or container of any virus, serum, toxin, antitoxin, or product aforesaid so as to falsify such label or mark. [32 Stat. L. 729.]

SEC. 3. [Inspection.] That any officer, agent, or employee of the Treasury Department, duly detailed by the Secretary of the Treasury for that purpose, may during all reasonable hours enter and inspect any establishment for the propagation and preparation of any virus, serum, toxin, antitoxin, or product aforesaid for sale, barter, or exchange in the District of Columbia, or to be sent, carried, or brought from any State, Territory, or the District of Columbia into any other State or Territory or the District of Columbia, or from the United States into any foreign country, or from any foreign country into the United States. [32 Stat. L. 729.]

SEC. 4. [Board to prescribe regulations for licenses.] That the SurgeonGeneral of the Army, the Surgeon-General of the Navy, and the supervising Surgeon-General of the Marine-Hospital Service, be, and they are hereby, constituted a board with authority, subject to the approval of the Secretary of the Treasury, to promulgate from time to time such rules as may be necessary in the judgment of said board to govern the issue, suspension, and revocation of licenses for the maintenance of establishments for the propagation and preparation of viruses, serums, toxins, antitoxins, and analogous products, applicable to the prevention and cure of diseases of man, intended for sale in the District of Columbia, or to be sent, carried, or brought for sale from any State, Territory, or the District of Columbia, into any other State, Territory, or the District of Columbia, or from the United States into any foreign country, or from any foreign country into the United States: Provided, That all licenses issued for the maintenance of establishments for the propagation and preparation in any foreign country of any virus, serum, toxin, antitoxin, or product aforesaid, for sale, barter, or exchange in the United States, shall be issued upon condition that the licentiates will permit the inspection of the establishments where said articles are propagated and prepared, in accordance with section three of this Act. [32 Stat. L. 729.]

The "Marine-Hospital Service" is now known as the "Public Health and MarineHospital Service," and the supervising surgeon-general" thereof as the surgeon-gen

66

eral," see the Act of July 1, 1902, ch. 1370, given under the title HOSPITALS AND ASY

LUMS.

SEC. 5. [Enforcement of regulations, etc.] That the Secretary of the Treasury be, and he is hereby, authorized and directed to enforce the provisions of this Act and of such rules and regulations as may be made by authority

thereof; to issue, suspend, and revoke licenses for the maintenance of establishments aforesaid, and to detail for the discharge of such duties such officers, agents, and employees of the Treasury Department as may in his judgment be necessary. [32 Stat. L. 729.]

SEC. 6. [Interference with officers, etc., prohibited.] That no person shall interfere with any officer, agent, or employee of the Treasury Department in the performance of any duty imposed upon him by this Act or by regulations made by authority thereof. [32 Stat. L. 729.]

SEC. 7. [Punishment for violation.] That any person who shall violate, or aid or abet in violating, any of the provisions of this Act shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. [32 Stat. L. 729.]

SEC. 8. [Repeal.] That all Acts and parts of Acts inconsistent with the provisions of this Act be, and the same are hereby, repealed. [32 Stat. L. 729.]

[Prevention of epidemics — power of President to use appropriations.] The President of the United States is hereby authorized, in case of threatened or actual epidemic of cholera, typhus fever, yellow fever, smallpox, bubonic plague, Chinese plague, or black death, to use the unexpended balance of the sums appropriated and reappropriated by the sundry civil appropriation Act approved March third, nineteen hundred and one, or so much thereof as may be necessary, in aid of State and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the same; and in such emergency in the execution of any quarantine laws which may be then in force. [32 Stat. L. 450.]

This is from the Sundry Civil Appropriation Act of June 28, 1902, ch. 1301.

Volume III.

HIGHWAYS.

Over Military Reservations and Public Lands, see PUBLIC LANDS.
In Alaska, see ALASKA.

As Post Routes, see POSTAL SERVICE.

See also RAILWAYS; RIVERS, HARBORS, AND CANALS.

228

:

A

HOLIDAYS.

Resolution No. 22 of April 16, 1880, 229.
Printing-office Holidays with Pay, 229.

Act of Fan. 12, 1895, ch. 23, 229.

Sec. 46. Holidays for Employees of Printing Office, 229.
Resolution No. 5 of Fan. 6, 1885, 229.

Holidays with Pay for Government Employees, 229.

Resolution No. 6 of Feb. 23, 1887, 230.

Holidays for Per Diem Government Employees, 230.

Joint resolution providing for payment of wages to employees in the Government Printing Office for legal holidays.

[Resolution No. 22 of April 16, 1880, 21 Stat. L. 304.]

[Printing Office holidays with pay.] That the employees of the Government Printing Office shall be allowed the following legal holidays with pay, to wit: the first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such day as may be designated by the President of the United States as a day of public fast or thanksgiving: Provided, That the said employees shall be paid for these holidays only when the employees of the other government departments shall be so paid: And provided further, That nothing herein contained shall authorize any additional payment to such employees as receive annual salaries. [21 Stat. L. 304.]

Resolution No. 5 of Jan. 6, 1885, given below, relates to the same subject as this and partly if not entirely supersedes it. Section 46 of the Act of Jan. 12, 1895, ch. 23, given

infra, is the latest expression relative to holidays for employees of the government printing office.

SEC. 46. [Holidays for employees of Printing Office.] The employees of the Government Printing Office shall be allowed the following legal holidays with pay, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, Inauguration Day, Memorial Day, Labor's Holiday, and such day as may be designated by the President of the United States as a day of public fast or thanksgiving. Stat. L. 607.]

[28

The above section 46 is from the Act of of public documents." See PUBLIC PRINTING; Jan. 12, 1895, ch. 23, "providing for the pub

lic printing and binding and the distribution

PUBLIC DOCUMENTS.

Joint resolution providing for the payment of laborers in Government employ for certain

holidays.

[Resolution No. 5 of Jan. 6, 1885, 23 Stat. L. 516.]

[Holidays with pay for government employees.] That the employees of the Navy Yard, Government Printing Office, Bureau of Printing and Engraving, and all other per diem employees of the Government on duty at Washington, or

elsewhere in the United States, shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for national thanksgiving, and shall receive the same pay as on other days. [23 Stat. L. 516.]

"Memorial " or "Decoration Day " is added to the list of holidays by Res. No. 6 of Feb. 23, 1887, given below.

[ocr errors]

Joint resolution providing for the payment of per diem laborers in Government employ on 66 'Memorial " or Decoration Day" and the Fourth day of July of each year as on other days.

[Resolution No. 6 of Feb. 23, 1887, 24 Stat. L. 644.]

[Holidays for per diem government employees.] That all per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed the day of each year, which is celebrated as "Memorial" or "Decoration Day" and the fourth of July of each year, as holiday, and shall receive the same pay as on other days. [24 Stat. L. 644.]

In the District of Columbia. The following acts provide for holidays in the District of Columbia:

"That section nine hundred and ninetythree of the Revised Statutes of the United States, relating to the District of Columbia, be, and the same hereby is, amended, by adding to the days therein declared to be holidays within the said District, that day upon which the President of the United States is inaugurated, otherwise called Inauguration Day, and that such day shall be a holiday for all the purposes mentioned in said section." Act of June 18, 1888, ch. 391, 25 Stat. L. 185.

"That the thirtieth day of May in each year, usually called 'Decoration Day,' shall

[ocr errors]

be, and hereby is, made a holiday within the District of Columbia as fully in all respects as are the days mentioned as holidays in section nine hundred and ninety-three of the Revised Statutes of the District of Columbia." Act of Aug. 1, 1888, ch. 723, 25 Stat. L. 353. That the first Monday of September in each year, being the day celebrated and known as Labor's Holiday, is hereby made a legal public holiday, to all intents and purposes, in the same manner as Christmas, the first day of January, the twenty-second day of Feburary, the thirtieth day of May, and the fourth day of July are now made by law public holidays." Act of June 28, 1894, ch. 118, 28 Stat. L. 96.

[blocks in formation]

R. S. 5339. Murder, 231.

HOMICIDE.

5340. Delivery of Offender's Body for Dissection, When, 234.
5341. Manslaughter, 234.

5342. Attempt to Commit Murder or Manslaughter, 235.

5343. (Punishment for Manslaughter - Superseded), 235.

5344. Officers and Owners of Steamboats Through Whose Misconduct, etc., Life Is Lost, Guilty of Manslaughter, 235.

Act of March 3, 1875, ch. 138, 237.

Sec. 1. Manslaughter, How Punished, 237.

2. Repeal, 237

CROSS-REFERENCES.

Punishment of Death, see CRIMES AND OFFENSES, vol. 2, p. 354.
Accessories, see CRIMES AND OFFENSES, vol. 2, pp. 356, 361.

Qualification of Verdict of Guilty by Adding "Without Capital Punishment," see
CRIMES AND OFFENSES, vol. 2, p. 356.

Limitations of Capital Offenses, see CRIMES AND OFFENSES, vol. 2, p. 358. See also ARTICLES FOR THE GOVERNMENT OF THE NAVY, vol. 1, p. 458; ARTICLES OF WAR, vol. 1, p. 478; PIRACY.

Sec. 5339. [Murder.] Every person who commits murderFirst. Within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States;

Second. Or upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State;

Third. Or who upon any such waters maliciously strikes, stabs, wounds, poisons, or shoots at any other person, of which striking, stabbing, wounding, poisoning, or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death. [R. S.]

Act of April 30, 1790, ch. 9, 1 Stat. L. 113; Act of March 3, 1825, ch. 65, 4 Stat. L. 115. The Act of Jan. 15, 1897, ch. 29, sec. 2 (given under title CRIMES AND Offenses, vol. 2, p. 357) substituting life imprisonment for punishment by death, excepts the offenses mentioned in this section.

Offenses committed on Great Lakes and connecting waters in violation of this and the following sections, 5340, 5341, 5342, 5343, 5344. See for Act of Sept. 4, 1900, extending criminal jurisdiction of Circuit and District Courts, title CRIMES AND OFFENSES, Vol. 2, p. 351.

Qualification of verdict so as to provide for life imprisonment. See Act of Jan. 15, 1897, ch. 29, sec. 1, under title CRIMES AND OFFENSES, vol. 2, p 356.

Definition -colamon law. The statutes do not define theffense of murder, and therefore resort must be had to the common law as it was in England before the Revolution. U. S. v. King, (1888) 34 Fed. Rep. 302; U. S. v. Lewis, (1901) 111 Fed. Rep. 630; U. S. v.

Outerbridge, (1868) 5 Sawy. (U. S.) 620. See U. S. v. Norris, (1807) 1 Cranch (C. C.) 411.

Federal jurisdiction. - Murder committed on board a United States battleship is within the jurisdiction of the United States when the United States has jurisdiction of the waters in which the vessel is lying. U. S. v. Carter, (1897) 84 Fed. Rep. 622.

This section and section 730, R. S., clearly include murder committed on any land within the exclusive jurisdiction of the United States and not within any judicial district, as well as murder committed on the high seas. Jones v. U. S., (1890) 137 U. S. 212.

On board a ship or a vessel of the United States. United States courts do not possess jurisdiction of the crime of murder when committed on board a foreign vessel, except to a very limited extent, and never when the perpetrator of the crime and the deceased are both foreigners. The general rule is that such courts have no jurisdiction of the offense even where committed upon the high seas, except

« PreviousContinue »