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vestigation.

Appointment of temporary commissioners by President, report to Congress. 1888, June 13, ch. 389, 1, 7, ante, pp. 590, 591.

When President may tender services of commission.

commissioners.

effect is hereby appropriated out of any money in the Treasury not otherwise appropriated.

And provided likewise not more than five thousand dollars shall be expended in defraying the costs of any single investigation by the commission hereinafter provided for.

SEC. 6. That the President may select two commissioners, one of whom at least shall be a resident of the State or Territory in which the controversy arises, who, together with the Commissioner of Labor, shall constitute a temporary commission for the purpose of examining the causes of the controversy, the conditions accompanying, and the best means for adjusting it; the result of which examination shall be immediately reported to the President and Congress, and on the rendering of such report the services of the two commissioners shall cease.

The services of the commission, to be ordered at the time by the President and constituted as herein provided, may be tendered by the President for the purpose of settling a controversy such as contemplated, either upon his own motion, or upon the application of one of the parties to the controversy, or upon the application of the executive of a State.

Compensation SEC. 7. That the commissioners provided in the preceding section and expenses of shall be entitled to receive ten dollars each per day for each day's service rendered, and the expenses absolutely incurred in the performance of their duties; and the expenses of the Commissioner of Labor, acting as one of the commission, shall also be reimbursed to him. Such compensation and expenses shall be paid by the Treasurer of the United States, on proper vouchers, certified to by the Commissioner of Labor and approved by the Secretary of the Interior.

Investigation of

SEC. 8. That upon the direction of the President, as herein before causes of disputes. provided, the commission shall visit the locality of the pending dispute, and shall have all the powers and authority given in Section 2, to a board of arbitration, and shall make careful inquiry into the cause thereof, hear all persons interested therein who may come before it, advise the respective parties what, if anything, ought to be done or submitted to by either or both to adjust such dispute, and make a written decision thereof.

Decision to be made public and recorded, &c.

Oath of commissioners.

Chairman, clerks, &c.

Rules of proced

ure.

Proceedings to be public.

Chairman may administer oaths.

This decision shall at once be made public, shall be recorded upon proper books of record to be kept in the office of the Commissioner of Labor, who shall cause a copy thereof to be filed with the Secretary of the State or Territory, or States or Territories, in which the controversy exists.

SEC. 9. That in each case the commissioners who may be selected as provided shall, before entering upon their duties, be sworn to the faithful discharge thereof.

The Commissioner of Labor shall be chairman ex officio of the commission, and may appoint one or more clerks or stenographers to act in each controversy only, which clerks or stenographers shall be compensated at a rate not exceeding six dollars per day each, and actual expenses incurred shall be reimbursed.

SEC. 10. The Commissioner of Labor shall, as soon as possible after the passage of this act, establish such rules of procedure as shall be approved by the President; but the commission shall permit each party to a controversy to appear in person or by counsel, and to examine and cross-exime witnesses.

All its proceedings shall be transacted in public, except when in consultation for the purpose of deciding upon the evidence and arguments laid before it.

The chairman of the commission is hereby authorized to administer oaths to witnesses in all investigations conducted by the commission, and such witnesses shall be subponied in the same manner as witnesses are subponied to appear before United States courts

and commissioners, and they shall each receive the same fees as witnesses attending before United States commissioners:

Number of wit

Provided, That said temporary board of commissioners shall have power to limit the number of witnesses in each case where fees shall nesses. be paid by the United States.

SEC. 11. All fees, expenses, and compensation of this commission Expenses, how shall be paid as hereinbefore provided in section five of this act. paid. [October 1, 1888.]

CHAP. 1064.—An act a supplement to an act entitled "An act to execute certain treaty stipulations relating to Chinese," approved the sixth day of May eighteen hundred and eightytwo. (1)

October 1, 1888.

25 Stat. L., 504.

Chinese labor

resided here and

Be it enacted, &c., That from and after the passage of this act, it shall be unlawful for any chinese laborer who shall at any time ers, who formerly heretofore have been, or who may now or hereafter be, a resident left, not allowed within the United States, and who shall have departed, or shall de- to return. part, therefrom, and shall not have returned before the passage of this act, to return to, or remain in, the United States.

19 Opins., 369. 130 U.S., 581.

140 U.S., 424. No more certifi

SEC. 2. That no certificates of identity provided for in the fourth and fifth sections of the act to which this is a supplement shall here- cates for return after be issued; and every certificate heretofore issued in pursuance to be issued. thereof, is hereby declared void and of no effect, and the chinese la borer claiming admission by virtue thereof shall not be permitted to enter the United States.

SEC. 3. That all the duties prescribed, liabilities penalties and forfeitures imposed, and the powers conferred by the second, tenth, eleventh, and twelfth, sections of the act to which this is a supplement are hereby extended and made applicable to the provisions of this act.

Penalties.

SEC. 4. That all such part or parts of the act to which this is a Repeal. supplement as are inconsistent herewith are hereby repealed. [October 1, 1888.]

NOTE. (1) By treaty with China of July 28, 1868, Art. v and vi, 16 Stat. L., 739, it was agreed that laws should be passed by the United States making it penal for United States citizens to transport Chinese subjects to the United States or elsewhere without their consent. It was also agreed that Chinese subjects visiting or residing in the United States should enjoy the privileges of the most favored nation in respect to travel or residence.

By R. S., $ 2158-2163, the "cooly" trade by citizens of the United States or in vessels of the United States was forbidden, but citizens and vessels were permitted to engage in the voluntary emigration of Chinese.

By 1875, Mar. 3, ch. 141, ante, p. 86, the importation of Chinese and others for immoral purposes was forbidden, the punishment for engaging in the "cooly" trade was made more severe, contracts for service in the United States were declared void, and the importation of women for prostitution was made a crime.

By treaty of 1880, Nov. 17, 22 Stat. L., 826, it was provided that the United States might regulate, limit or suspend the coming or residence of Chinese laborers, but should not prohibit it, and that other Chinese, as well as Chinese laborers now in the United States, should be allowed to come and go freely and have all the privileges of the most favored nation. The act of 1882, May 6, ch. 126, ante, p. 342, suspended the coming of Chinese laborers for ten years, and to carry out the treaty stipulations, provided for the issuance of identification certificates to enable laborers already in the United States to go and return and for passports to other Chinese, not laborers, desiring to visit the United States. By 1884, July 5, ch. 220, ante, p. 458, the provisions of the act of 1882 were made more definite and strict.

By act of 1888, Sept. 13, ch. 1015, § 1, 25 Stat. L., 476, it was provided as follows:

"That from and after the date of the exchange of ratifications of the pending treaty between the United States of America and His Imperial Majesty the Emperor of China, signed on the twelfth day of March, anno Domini eighteen hundred and eignty-eight, it shall be unlawful for any Chinese person, whether a subject of China or of any other power, to enter the United States, except as hereinafter provided." Subsequent sections defined the exceptions and made provision for carrying the act into effect.

The ratifications of the then pending treaty referred to in this act, had not been exchanged, when the act of 1888, Oct. 1, ch. 1064, above, was passed, making void the certificates of identity already issued under the acts of 1882 and 1884. The ratifications of the treaty were never thereafter exchanged and the act of 1888, Sept. 13, never went into effect.

SUP RS-40

October 2, 1888.

25 Stat. L., 505.

Detailed estimates of Revenue

Cutter Service to

be submitted.

CHAP. 1069.-An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes.

Be it enacted, &c., * * [Par. 1.] That the Secretary of the Treasury shall submit to Congress at its next session a detailed statement of the expenditures for the fiscal year eighteen hundred and eightyR. S., SS 2747- eight under the appropriation for the (1) Revenue-Cutter Service, and annually thereafter a detailed statement of expenditures under said 1889, Mar. 2, ch. appropriation shall be submitted to Congress at the beginning of 410, par. 1, post, each regular session thereof.

2765.

p. 697.
Minor coins may

* *

[Par. 2.] (2) The Secretary of the Treasury is authorized to transfer be transferred to to the United States Mint at Philadelphia, for cleaning and reissue, Philadelphia any minor coins now in or which may be hereafter received at the subtreasury offices in excess of the requirement for the current business of said offices. * *

mint.

R. S., § 3515.

Transfer to Ne

of records of land surveys.

[Par. 3.] That the Secretary of the Interior be, and is hereby, braska and Iowa authorized to transfer to the Secretary of state of the States of Nebraska and Iowa, or to such officers as may be entitled to receive R.S., § 2218. them, the field-notes, maps, records, and other papers appertaining Office of sur- to land surveys in said States which are now stored in the district veyor-general land-office at Lincoln, Nebraska; and the office of surveyor-general for the district of Nebraska and Iowa is hereby abolished:

abolished.
R. S., § 2207.
Safe keeping of,
and access to, re-

cords.

R. S., § 2221.

Irrigation in arid

region; investiga

tion by Geological

Survey.

1889, March 2,

ch. 411, par. 4, post, p. 698.

Provided, That the aforesaid field-notes, maps, records, and other papers pertaining to the State of Nebraska shall not be delivered to the proper authorities until said State shall have provided by law for the safe keeping of the same as public records, and for the allowance of free access to field-notes, maps, records, and other papers by the authorities of the United States, as provided by section twentytwo hundred and twenty-one of the Revised Statutes of the United States, the State of Iowa having heretofore enacted the requisite legislation.

* *

*

[Par. 4.] For the purpose of investigating the extent to which the arid region of the United States can be redeemed by irrigation, and the segregation of the irrigable lands in such arid region, and for the 1879, March 3, selection of sites for reservoirs and other hydraulic works necessary ch. 182, par. 10, for the storage and utilization of water for irrigation and the preante, p. 251. vention of floods and overflows, * the work to be performed by the Geological Survey, under the direction of the Secretary of the * Interior. * And all the lands which may hereafter be desig Reservoir and nated or selected by such United States surveys for sites for resercanal sites, and voirs, ditches or canals for irrigation purposes and all the lands ceptible of irriga- made susceptible of irrigation by such reservoirs, ditches or canals tion reserved. (3) are from this time henceforth hereby reserved from sale as the prop1890, Aug. 30, erty of the United States, and shall not be subject after the passage ch. 837, par. 3, of this act, to entry, settlement or occupation until further provided post, p. 791. by law:

lands made sus

[blocks in formation]

Provided, That the President may at any time in his discretion, by proclamation, open any portion or all of the lands reserved by this provision to settlement under the homestead laws.

[Par. 5.] That the Secretary of the Smithsonian Institution shall ment of expendi- submit to Congress at its next session a detailed statement of the tures by Smithsonian Institution, expenditures of the fiscal year eighteen hundred and eighty-eight, R.S., § 5579. under appropriations for "International Exchanges," "North American Ethnology," and the "National Museum," and annually there

NOTE. (1) Acts relating to the Revenue Cutter or Revenue Marine Service, beside R. S., §§ 27472765, 4843, are as follows: Appointment of cadets, 1876, July 31, ch. 246, par. 3, ante, p. 114: detail of officers to life-saving service, 1878, June 18, ch. 265, § 9, ante, p. 192; revenue cutters exclusively for public service, 1881, July 7, ch. 332, par. 2, unte, p. 469; detail of officers and men for Fish Commission duty, 1885, March 3, ch. 360, par. 1, ante, p. 486: report of expenditures above; estimate, 1889, March 2, ch. 410, par. 1, post, p. 697.

(2) This provision is repeated in 1889, Mar. 2, ch. 411, 25 Stat. L., 955; 1890, Aug. 30, ch. 837; 1891, Mar. 3, ch. 542; 26 Stat. L., 385, 966.

(3) This reservation of lands is repealed, with exceptions, in 1890, Aug. 30, ch. 837, par. 3, post, p. 791.

after a detailed statement of expenditures under said appropriations shall be submitted to Congress at the beginning of each regular session thereof.

* *

Detailed state

[Par. 6.] That hereafter it shall be the duty of the Interstate Commerce Commission to include in their annual report to Congress ment of expendia statement showing in detail their expenditures for each fiscal year, ployés by Interincluding the number of persons employed and the amount of com- state Commerce pensation to each.

*

Commission.

ances to be carried

1887, Feb. 4, ch. 104, § 11, ante, p. 531. 1889, Mar. 2, ch. 382, §7; ch. 411, par.3; post, pp. 690, 698. [Par. 7.] Hereafter the provisions of section thirty-six hundred National Soland ninety and thirty-six hundred and ninety-one of the Revised diers' Homes, balStatutes of the United States shall apply to all appropriations made to surplus fund. for the maintenance of the (4) National Home for Disabled Volunteer Soldiers:

* *

R. S., $$ 3690, 3691.

managers of, to

furnish estimates

ante, p. 563.

Provided further, That it shall be the duty of the managers of said Home, on or before the first day of October in each year, to to Secretary of furnish to the Secretary of War estimates, in detail, for the sup- War annually. port of said Home for the fiscal year commencing on the first day of 1887, March 3, July thereafter, and the Secretary of War shall annually include ch. 362, par. 7, such estimates in his estimates for his Department. [Par. 8.] Hereafter no payment shall be made from the con- Payments from tingent fund of the Senate unless sanctioned by the Committee to contingent fund Audit and Control the Contingent Expenses of the Senate, or from House of Reprethe contingent fund of the House of Representatives unless sanc- sentatives, how tioned by the Committee on Accounts of the House of Representa- sanctioned. tives.

And hereafter payments made upon vouchers approved by the aforesaid respective committees shall be deemed, held, and taken, and are hereby declared to be conclusive upon all the departments and officers of the Government:

Provided, That no payment shall be made from said contingent funds as additional salary or compensation to any officer or employé of the Senate or House of Representatives. * * [October 2, 1888.]

NOTE.-(4) See acts relating to Soldiers' Homes, note to 1875, March 3, ch. 129, par. 6, ante, p. 71.

of Senate and

R. S., § 76.

sive.

when concluR. S., § 236.

No additional salaries. R. S., § 1765,

CHAP. 1090.—An act to prevent the manufacture or sale of adulterated food or (1) drugs in the October 12, 1888. District of Columbia.

25 Stat, L., 549. District of Columbia.

Be it enacted, &c., That no person within the District of Columbia shall nix, color, stain, or powder, or order or permit any other perAdulterating son to mix, color, stain, or powder any article of food or drugs with food or drugs, any ingredient or material so as to render the article injurious to and manufacturhealth, or manufacture any article of food which shall be composed ing food of disin whole or in part of diseased, decomposed, offensive, or unclean eased or unclean substances, proanimal or vegetable substance with the intent that the same may be hibited. sold in the said District, and no person shall sell in the District of 1880, April 24, Columbia any such article so mixed, colored, stained, powdered or Res. No. 25, § 2, manufactured. pars. 2, 3, ante, pp. 304, 307. Penalty.

Any person violating this section shall be guilty of a misdemeanor, and for each offense be fined not exceeding two hundred dollars for the first offense, and for each subsequent offense not exceeding three hundred dollars, or imprisonment not exceeding one year, or both, in the discretion of the court.

Adulteration of

SEC. 2. That no person shall, within the District of Columbia, except for the purpose of compounding as hereinafter described, mix, drugs, affecting color, stain, or powder, or order or permit any other person to mix, potency or quality, and sale, procolor, stain, or powder, any drug with any ingredient or material so hibited. as to effect injuriously the quality or potency of such drug, with

NOTE.-(1) See 1878, June 15, ch. 215, ante, p. 183, regulating practice of pharmacy in District of Columbia.

Sale by innocent parties.

Articles of food

or drug to be of nature and quality demanded by purchasers.

1878, June 15, ch. 215, § 9, ante,

p. 185.

1879, Jan. 25, ch. 22, ante, p. 207.

No offense when

intent that the same may be sold in the said District of Columbia, and no person shall sell any such drug so mixed, colored, stained, or powdered under the same penalty in each case respectively as in the preceding section for a first and subsequent offense.

SEC. 3. That no person shall be liable to be convicted under either of the two last foregoing sections of this act in respect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the court before whom he is charged that he did not know of the article of food or drug sold by him being so mixed, colored, stained, or powdered, as in either of those sections mentioned, and that he could not, with reasonable diligence, have obtained that knowledge.

SEC. 4. That no person shall sell in the District of Columbia any article of food or drug which is not of the nature, substance, and quality of the article demanded by any purchaser, and any person violating this section shall be guilty of a misdemeanor, and for the first offense be fined not exceeding fifty dollars, and for each subsequent offense not exceeding one hundred dollars, or imprisonment not exceeding six months, or both, in the discretion of the court:

Provided, That an offense shall not be deemed to be committed under this section in the following cases, that is to say:

First. Where any matter or ingredient not injurious to health has non-injurious been added to the food or drug because the same is required for the necessary ingredients are used. production or preparation thereof as an article of commerce, in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or conceal the inferior quality thereof.

-in case of proprietary medicine. -when authorized compound. -when unavoidably mixed.

Second. Where the drug or food is a proprietary medicine.

Third. Where the food or drug is compounded as authorized by this act.

Fourth. Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation.

Sale of com- SEC. 5. That no person shall sell in the District of Columbia any pounds to be as compound article of food or compounded drug which is not comdemanded by pur- posed of ingredients in accordance with the demand of the purchaser. Any person violating this section shall be guilty of a misdemeanor and fined not exceeding fifty dollars:

chaser.

Penalty.

When not to

fense.

Provided, That no person shall be guilty of any such offense as constitute an of- aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended, fraudulently, to increase its bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the person receiving the same a notice, by a label, distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.

Altering articles of food injuri ously.

SEC. 6. That no person shall, in the District of Columbia, with the intent that the same may be sold in its altered state without notice, subtract from any article of food any part of it so as to affect injuriously its quality, substance, or nature, and no person shall sell any article so altered without making disclosure of the alteration, and any person violating the provisions of this section shall be guilty of a misdemeanor and fined not exceeding one hundred dollars. SEC. 7. That in any prosecution under this act, where the fact of to exception an article having been sold in a mixed state has been proved, if the under act to be on defendant shall desire to rely upon proviso contained in this act, it shall be incumbent upon him to prove the same.

as

Burden of proof

defendant.

Purchase of articles with written warranty, when

SEC. 8. That if the defendant in any prosecution under this act prove to the satisfaction of the court that he had purchased the armay be a defense. ticle in question as the same in nature, substance, and quality as that demanded of him by the purchaser, and with a written warranty to that effect; that he had no reason to believe at the time when he sold it that the article was otherwise; and that he sold it in the

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