Imágenes de páginas
PDF
EPUB

PENALTIES—Continued.
3. Remission of Penalty imposed upon Vessel Clearing Foreign

Port and Entering Port of United States Without Bill of Health.-
The Secretary of Commerce and Labor has no authority to remit
or mitigate a penalty or forfeiture imposed upon a vessel for a
violation of section 2 of the act of February 15, 1893 (27 Stat.
450), which requires a vessel to obtain a bill of health before
clearing any foreign port for a port in the United States, as that
matter still remains within administrative jurisdiction and

control of the Secretary of the Treasury. 169.
PETERSBURG, ALASKA. See ALASKA.
PHILIPPINE ISLANDS.
1. Entry of Cigars from.-Section 2804 of the Revised Statutes,

which forbids the entry of cigars of less quantity than 3,000 in
a single package, applies to cigars coming into the United States

from the Philippine Islands. 77.
2. Same.-Cigars and cigarettes brought into the United States from

the Philippine Islands are subject to the internal-revenue tax
under section 5 of the tariff act of August 5, 1909 (36 Stat. 83),
and internal-revenue stamps in payment of such tax are required

to be affixed to the packages containing the same. Ib.
3. Importation of Goods for the Army.-Goods imported into the

Philippine Islands for the use of the Army of the United States
are not subject to the stamp tax imposed by section 284 of act
No. 355 of the Philippine Commission as amended, as it is
beyond the competency of the Philippine Government to levy
a tax on articles imported for the use of the United States Gov-

ernment. 442.
4. Legality of Bond Issue—Cebu, P. I.—The issuance of bonds in the

sum of $125,000 for the purpose of providing funds for certain
municipal improvements in the municipality of Cebu, P. I.,
when made in accordance with the provisions of the act of the
Philippine Legislature, approved March 29, 1911, as herein

construed, is valid. 102.
5. Life-Saving Medals-Barac River, P. 1.—The Secretary of the

Treasury is empowered by the act of January 21, 1897 (29 Stat.
494), to bestow life-saving medals for signal exertions made in
saving persons from drowning in the Barac River, a nonnavi-
gable stream of the Philippine Islands, since that river is under
the jurisdiction of the United States by virtue of the sovereignty

of the United States over said islands. 72.
6. Postal Service.—The Postmaster General has no authority to

arrange a special parcel-post service or to conclude arrange-
ments for money-order exchanges with the Philippine Islands
under the power conferred upon him by sections 398 and 4028
of the Revised Statutes. 380.

PHILIPPINE ISLANDS—Continued. 7. Same.-The power to negotiate and conclude money-order and

parcel-post conventions or agreements with foreign governments, which shall cover the mail and money-order service between the Philippine Islands and such foreign governments, resides, not in the Postmaster General, but in the Government

of the Philippine Islands. Ib. 8. Status of Foreign Corporations.-Foreign corporations may freely

engage in industrial pursuits in the Philippine Islands, provided they obtain a license from the Philippine Government

for that purpose. 435. 9. Same.—Corporations, domestic and foreign alike, may purchase

or lease such amounts of real estate as may be reasonably necessary to enable them to carry out those purposes for which they were created, but are prohibited from conducting the business of buying and selling real estate, and, if they be corporations engaged in agriculture, from owning and controlling over 1,024

hectares of land. Ib. 10. Same.—Belgian corporations enjoy the same rights and advan

tages in the Philippine Islands as American corporations; the
only distinction being that the exploration and occupation of
mineral lands and the purchase of nonmineral agricultural public
land is confined to citizens of the United States and of the

Philippine Islands. Ib.
POLOCK, ISAAC. See DISTRICT OF COLUMBIA, 4.
PONCE, P. R.

MUNICIPAL BONDS. See PORTO RICO, 4, 5, 6, 7.
PORTLAND, OREG.

IMPROVEMENT Bonds. See Postal Savings SYSTEM, 10. PORTO RICO. 1. Apportionment of Postal Savings Deposits Among Qualified

Banks. When there is no bank available to receive the funds in the particular place in which a postal savings depository is located, as provided for under section 9 of the act of June 25, 1910 (36 Stat. 816), creating the Postal Savings System, the deposits should be apportioned among the qualified banks

equally convenient to such locality. 258. 2. Legality of Bond Issue.—The issuance of bonds by the Government

of Porto Rico for port improvements at San Juan, as provided by an act of the Legislative Assembly of Porto Rico, approved March 7, 1912, not being in execss of 7 per centum of the aggregate tax valuation of its property and complying in every other respect

with the terms of the organic act, is legal. 497. 3. Same.—Issuance of bonds by Porto Rico in extension of irrigation

system, not exceeding 7 per cent of the aggregate tax valuation of its property, is legal. 577.

PORTO RICO-Continued. 4. Same.—Legality of Bond Issue.—The municipality of Ponce, P. R.,

may lawfully issue bonds for the purpose of paying an indebt-. edness to the insular government and for the purchase of land and construction of a pier, as the power to issue bonds of this general character has been granted to that municipality by

Congress and the Legislative Assembly of Porto Rico. 468. 5. Same. It is essential to the validity of said bonds that the pro

visions of the act of the legislative assembly of Porto Rico of January 31, 1901, authorizing and regulating the issuance of bonds by the cities of Porto Rico, be substantially complied

with. Ib. 6. Same. These bonds are made payable, principal and interest, in

Porto Rico, and in case proper notice is given by the holder thereof the place of payment may be transferred to New York

City. They are transferable in Porto Rico only. Ib. 7. Same.—The form of the bond must be approved by the executive

council of Porto Rico, as provided by section 9 of the act of

January 31, 1901. Ib. 8. Naturalization of Aliens-Miguel Roses Artau and Elias A.

Wolff.—A judgment of naturalization obtained in the Circuit Court of Porto Rico under section 2165 of the Revised Statutes, which has since been repealed by the act of June 29, 1906 (34 Stat. 596), can not properly at this time be questioned on the ground that the court did not have jurisdiction over the natural

ization of aliens. 521. 9. Transfer of Naval Stations.-Any part of the naval stations in Porto

Rico may be transferred to the government of Porto Rico under the act of June 14, 1910 (36 Stat. 467), provided it was reserved under the authority conferred by the act of July 1, 1902 (32 Stat. 731), is adjacent to the city of San Juan, and is no longer needed

for purposes of the United States. 205. 10. Same.—The portions of that tract of land on the Caguas Road in

the city of San Juan which were not included in the President's proclamation of August 4, 1908 (35 Stat. 2197), may be now conveyed to Porto Rico. The land, however, which was ceded to the United States by the insular government of Porto Rico in return for the portions of said tract of land conveyed by the proclamation of August 4, 1908, not having been reserved under the act of July 1, 1902, may not now be conveyed to the people of

Porto Rico under the act of June 14, 1910. Ib. 11. Same.—While the transfer to the insular government may be made

by the Secretary of the Navy, since in contemplation of law the acts of the heads of the executive departments are the acts of the President, yet it would be preferable to have the formal transfer effected by presidential proclamation. Ib.

PORTO RICO-Continued. 12. Same.-As to those parts of the naval stations which are not adja

cent to the city of San Juan, or are otherwise not within the provisions of the act of 1910, there is no warrant of law for their formal transfer or cession. Permission, however, may be given to the Porto Rican government through a letter or instrument in the nature of a revocable license for the use of these parts of the stations and the buildings thereon and for the construction of improvements temporary in nature. But it should not be attempted to transfer their permanent control to the insular government, nor would it be proper to permit the erection of

improvements that would in fact be permanent. Ib. 13. Same. Any part or parts of the naval stations in Porto Rico no

longer needed for the purposes of the Navy Department may be transferred to the control of the War Department or of any other department, either by formal Executive order or by arrangement between the Secretary of the Navy and the head of the other

department. Ib. 14. United States District Court-Expenses.—The expenses of the

District Court of the United States for Porto Rico should be paid

from the funds of the government of Porto Rico. 553. POST OFFICE APPROPRIATION ACT. See NEWSPAPERS, 1, 2, 3. POSTAL SAVINGS SYSTEM. 1. Acceptance of Dividends on Deposits.—The statute of Indiana,

under which the St. Joseph County Savings Bank, of South Bend, Ind., a depository for postal savings funds, is incorporated, provides that the net profits of savings banks shall be distributed as dividends among the depositors, but it does not authorize the payment of interest on deposits, and it is inconsistent with the laws of the State for savings banks to establish a class of depositors who shall receive both interest and dividends. 513.

. 2. Apportionment of Postal Savings Deposits Among Qualified

Banks. When there is no bank to receive the funds in the particular place in which a postal savings depository is located, as provided for under section 9 of the act of June 25, 1910 (36 Stat. 816), creating the Postal Savings System, the deposits should be apportioned among the qualified banks equally convenient to

such locality. 254. . 3. Depositories-Ownership of Securities. It is not essential, under

the postal-savings depositories act of June 25, 1910 (36 Stat. 814), that the securities taken by the board of trustees for the pay

ment of postal savings funds shall be the property of the bank. 4. Same.—Where securities belonging to the directors or stockholders

of a bank are pledged at their request with the board of trustees in behalf of the bank in consideration of the deposits of postal savings funds with the bank, the requirements of the act are satisfied. 266.

POSTAL SAVINGS SYSTEM-Continued. 5. Same.--It would seem advisable that every deposit of securities with

the board of trustees should be made by the bank itself, always assuming that it is accompanied by assurance from the owners admitting their consent to the pledge for the consideration running from the Government to themselves, namely, the deposit to be made by the Government at their request in the

bank in which they are interested. Ib. 6. Duplication of Accounts.-A person is prohibited by section 4

of the postal-savings depositories act of June 25, 1910 (36 Stat. 815), from having more than one deposit account with the

postal savings system. 316. 7. Exchange of Deposits for Postal-Savings Bonds. As the opening

of a second postal-savings account is unauthorized, it can not be treated as a proper basis for the exchange of deposits for postalsavings bonds under the provisions of section 10 of the above

mentioned act. Ib. 8. Improvement Bonds-Certain improvement bonds of the city of

Tuscaloosa, Ala., which purport to bind that city without any reservation, are public bonds supported by the taxing power within the meaning of section 9 of the postal-savings deposi

tories act of June 25, 1910 (36 Stat. 816). 9. Same.--Certain other improvement bonds of the city of West End,

Ala., which are not payable out of the general taxes of the municipality, but merely out of a special fund, are not accept

able as security for postal-savings deposits. 546. 10. Same.-Certain special improvement bonds of the city of Portland,

Oreg., which are not limited in their obligation to any special fund, are public bonds supported by the general taxing power of the city within the meaning of section 9 of the postal-savings

depositories act of June 25, 1910 (36 Stat. 816). 335. 11. Organization of Banks.—A bank is “organized under National or

State laws” within the meaning of section 9 of the postalsavings depositories act of June 25, 1910 (36 Stat. 816), when it is incorporated, or clothed with the essential attributes of a

corporation by virtue of legislative sanction. 368. 12. Same.—The mere authority to transact a banking business,

although granted in pursuance of State laws, carries with it no
implication of organization under the State laws, irrespective
of whether such authority is or is not exercised subject to State
supervision and examination. Ib.
savings depositories act of June 25, 1910 (36 Stat. 814), from
what source the bank obtains the securities furnished the board
of trustees as collateral to postal-savings deposits, provided the
board takes them in pledge on a valuable consideration with no
other notice than that they are being used in the exact manner
authorized by the owners thereof; and hence a bank may be
permitted to pledge with the board of trustees as collateral to
postal-savings funds bonds loaned to it for that purpose. 333.

« AnteriorContinuar »