Imágenes de páginas

one another, to construct and (OL


thereon in office for such time as to him may seem necessary to determine finally any causes and proceedings which may be pending therein. All laws of the Canal Zone imposing duties upon the clerks or ministerial officers of existing courts shall apply and impose such duties upon the clerks and ministerial officers of the new courts created by this act having jurisdiction of like cases, matters, and duties.

All existing laws in the Canal Zone governing practice and procedure in existing courts shall be applicable and adapted to the practice and procedure in the new courts.

The Circuit Court of Appeals of the Fifth Circuit of the United States shall have jurisdiction to review, revise, modify, reverse, or affirm the final judgments and decrees of the District Court of the Canal Zone and to render such judgments as in the opinion of the said appellate court should have been rendered by the trial court in all actions and proceedings in which the Constitution, or any statute, treaty, title, right, or privilege of the United States. is involved and a right thereunder denied, and in cases in which the value in controversy exceeds one thousand dollars, to be ascertained by the oath of either party. or by other competent evidence, and also in criminal causes wherein the offense charged is punishable as a felony. And such appellate jurisdiction, subject to the right of review by or appeal to the Supreme Court of the Cnited States as in other cases authorized by law, may be exercised by said circuit court of appeals in the same manner, under the same regulations, and by the same procedure as nearly as practicable as is done in review ing the final judgments and decrees of the district courts of the Unitel States,

SEC. 10. That after the Panama Canal shall have been completed and opened for operation the governor of the Panama Canal shall have the right to make such rules and regulations, subject to the approval of the President. touching the right of any person to remain upon or pass over any part of the Canal Zone as may be necessary. Any person violating any of such rules or regulations shall be guilty of a misdemeanor, and on conviction in the District Court of the Canal Zone shall be punished by a fine not exceeding five hundred dollars or by ijnprisonment not exceeding a year, or both, in the discretion of the court. It shall be unlawful for any person, by any means or in any way, to injure or obstruct, or attempt to injure or obstruct, any part of the Panama Canal or the locks thereof or the approaches thereto. Any person violating this provision shall be guilty of a felony, and on conviction in the District Court of the Canal Zone shall be punished by a fine not er ceeding ten thousand dollars or by imprisonment not exceeding twenty years or both, in the discretion of the court. If the act shall cause the death of any person within a year and a day thereafter. the person so convicted shall be guilty of murder and shall be punished accordingly.

Sec. 11. That section five of the act to regulate commerce, approved Fehruary fourth. eighteen hundred and eighty-seven, as heretofore amended, is hereby amended by adding thereto a new paragraph at the end thereof, as follows:

“From and after the first day of July, nineteen hundred and fourteen, it shall be unlawful for any railroad company or other common carrier subjeci to the act to regulate commerce to own, lease, operate, control, or have any interest whatsoever (by stock ownership or otherwise, either directly, indirectly, through any holding company, or by stockholders or directors in con

or in any other manner) in any common carrier by water operated through the Panama Canal or elsewhere with which said railroad or other carrier aforesaid does or may compete for traffic or any vessel carrying freight or passengers upon said water route or elsewhere with which said railroad or other carrier aforesaid does or may compete for traffic; and in case of the violation of this provision each day in which such violation continues shall be deemed a separate offense."

Jurisdiction is hereby conferred on the Interstate Commerce Commission to determine questions of fact as to the competition or possibility of compe tion, after full hearing, on the application of any railroad company or other

carrier. Such application ma.
any existing service is in vi
permitting the continuance of
the purpose of asking an orde
provisions of this paragraph.
application of any shipper ins
of any vessel in use by any
to the commission and had th
competition determined as her
said commission shall be final

If the Interstate Commerc
such existing specified service
is being operated in the interes
venience and commerce of the
exclude, prevent, nor reduce
sideration, the Interstate Con
time during which such service
July first, nineteen hundred ane
rates, schedules, and practices
Interstate Commerce Commissi
commerce and all amendments
extent as is the railroad or
carrier or interested in ny ma
for extension under the terins
merce Commission prior to Ju
any reason not heard and disp
granted thereafter.

No vessel permitted to en
l'nited States shall be permitt
ship is owned, chartered, oper
which is doing business in vio
approved July second, eighteen
tet trade and commerce i ga
the provisions of sections ser.
an det approved August twen
entitled "An Act to reduce tax.
and for other purposes," or
amending or supplementing the
and ninety, commonly known as
thereto, or said sections of the
dred a nd ninety-four. The ques
ment of any court of the Uni
cause pending before it to whic-
parties. Suit may be brought by
the United States.

That section six of said det
is hereby amended by adding it in

When property may be or l'nited States by rail and water transportation being by a common the limits of a single State, the

jurisdiction of such transportatio water. which may or do engage addition to the jurisdiction given June eighteenth. nineteen hundreu

* (a) To establish physical co rier and the dock of the water ca suitable connection between its li constructed from the dock to the either or both the rail and water



:h application may be filed for the purpose of determining whether : service is in violation of this section and pray for an order he continuance of any vessel or vessels already in operation, or for • of asking an order to install new service not in conflict with the of this paragraph. The commission may on its own motion or the

of any shipper institute proceedings to inquire into the operation ssel in use by any railroad or other carrier which has not applied mmission and bad the question of competition or the possibility of in determined als herein provided. In all such cases the order of mission shall be final. le Interstate Commerce Commission shall be of the opinion that any sting specified service by water other than through the Panama Canal

operated in the interest of the public and is of advantage to the con· and commerce of the people, and that such extension will neither

prevent, nor recluce competition on the route by water under conon the Interstate Commerce Commission may, by order, extend the uring which such service by water may continue to be operated beyond rst, nineteen hundred and fourteen. In every case of such extension the hedules, and practices of such water carrier shall be filed with the tate Commerce Commission and shall be subject to the act to regulate erre and all amendments thereto in the same manner and to the same

als is the railroad or other common carrier controlling such water er or interested in any manner in its operation : P'rovided, Any application extension under the terms of this provision filed with the Interstate Come Commission prior to July first, nineteen hundred and fourteen, but for

reason not heard iind disposed of before said date, may be considered and nted thereafter.

So vessel permitted to engage in the coastwise foreign trade of the ited States shall be permitted to enter or pass through said canal if such in is owned, chartered, operated, or controlled by any person or company hich is doing business in violation of the provisions of the act of Congress proved July second, eighteen hundred and ninety, entitled "An act to pro4't trade and commerce il gainst unlawful restrains and monopolies," or he provisions of sections seventy-three to seventy-seven, both inclusive, of w ict approved Angust twenty-seventh, eighteen hundred and ninety-four, entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes," or the provisions of any other Act of Congress mending or supplementing the said Act of July second, eighteen hundred ind ninety, commonly known as the Sherman Antitrust Act, and amendments thereto, or said sections of the Act of August twenty-seventh, eighteen huncred and ninety-four. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or by the Attorney General of the United States.

That section six of suid det to regulate commerce, ils heretofore amended, is hereby amended by :dding a new paragraph at the end thereof as follows:

"When property may be or is transportel from point to point in the United States by rail and water through the Panama Canal or otherwise, the transportation being by a common carrier or carriers, and not entirely within the limits of a single State, the Interstate Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by Wilter, which may or do engage in the same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten :

"(a) To establish physical connection between the lines of the rail carrier and the dock of the water carrier by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the dock to the limits of its right of way, or by directing either or both the rail and water carrier. individually or in connection with one another. to construct and connect with the lines of the rail carrier a





spur track or tracks to the dock. This provision shall only apply where such connection is reasonably practicable, can be made with safety to the publie, and where the amount of business to be handled is sufficient to justify the outlay.

"The commission shall have full authority to determine the terms and conditions upon which these connecting tracks, when constructed, shall be operated, and it may, either in the construction or the operation of such tracks, determine what sum shall be paid to or by either carrier. The provisions of this paragraph shall extend to cases where the dock is owned by other parties than the carrier involved.

**(b) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the terms and conditions under which such lines shall be operated in the handling of the traffic embracel

**(c) To establish maximum proportional rates by rail to and from the ports to which the traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water,

“(d) If any rail carrier subject to the Act to regulate commerce enters into arrangements with any water carrier operating from a port in the United States to a foreign country, through the Panama Canal or otherwise. for the handling of through business between interior points of the United States and such foreign country, the Interstate Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from sa id port to the same foreign country."

The orders of the Interstate Commerce Commission relating to this ser tion shall only be made upon formal complaint or in proceedings institutel by the commission of its own motion and after full hearing. The orders provided for in the two amendments to the Act to regulate commerce enacted in this section shall be served in the same manner and enforced by the same penalties and proceedings als are the orders of the commission made under the provisions of section fifteen of the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten, and they may be conditionel for the payment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order.

SEC. 12. That all laws and treaties relating to the extradition of persons accused of crime in force in the United States, to the extent that they may not be in conflict with or superseded by any special treaty entered into be tween the United States and the Republic of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice is between the several States and Territories of the United States, shall er: tend to and be considered in force in the Canal Zone, :und for such purposes and such purposes only the (anal Zone shall be considered and treatel as til organized Territory of the United States.

SEC. 13. That in time of war in which the United States shall be a gaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and apportenances, including the entire control and government of the Canal Zone, sod during a continuance of such condition the governor of the Panama Camel shall, in all respects and particulars as to the operation of such Panama Canal. and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army.

SEC. 14. That this Act shall be known as, and referred to as, the Panama Canal Act, and the right to alter, amend, or repe: any or all of its proni sions or to extend, modify, or annul any rule or regulation made under its authority is expressly reserved.

Approved, August 24, 1912.

In Act to declare the purpose

political status of the pe

more autonomous governm. Thereas, it was nerer the in

the incipiency of the Wa

for territorial aggraudizer Whereas it is, as it bas alwa.

States to withdraw their recognize their independen

lished therein; and Whereas for the speedy acco

place in the hands of the their domestic affairs iis impairing the exercise of United States, in order tha and governmental powers, sume the responsibilities pendence: Therefore

Be it enacted by the Sena States of America in Congress tbe name “The Philippines" a: the Philippine Islands ceded to of peace concluded between the of April, eighteen hundred and forth in Article III of said to the treaty between Spain and the seventh day of November,

SEC. 2. That all inhabitant subjects on the eleventh day of then resided in said islands an be deemed and held to be citiz shall have elected to preserve th ance with the provisions of tb and Spain, signed at Paris Dright. and except such others country: Providel, That the I bereby authorized to provide b zenship by those natives of the the foregoing provisions, the na States, and such other persons 1zens of the United States, or w under the laws of the United S SEC. 3.

That no law shall any person of life, liberty, or,

*The archipelago known as the by Spain at the close of the Spanishof December 10, 1898, and in consid date of the military occupation, until clusively by the military authorities fral months thereafter, the governm department and a commission appoint and July 1, 1902, a temporary civil e ernment was completely terminated the act of February 6, 1905, and othe of the Islands, until superseded by the The federal laws pertaining to the Ph August 29, 1916, are embraced in Secti piled Statutes of 1913.


he purpose of the people of the l'nited States as to the future ș of the people of the Philippine Islands, and to provide a is government for those islands,

never the intention of the people of the United States in r of the War with Spain to make it al war of conquest or

aggrandizement; and s it has always been, the purpose of the people of the United ithdraw their sovereignty over the Philippine Islands and to meir independence as soon as a stable government can be estabein; and die speedly accomplishment of such purpose it is desirable to he hands of the people of the Philippines as large a control of nestic affairs ils can be given them without, in the meantime, 5 the exercise of the rights of sovereignty by the people of the states, in order that, by the use and exercise of popular franchise ernmental powers, they may be the better prepared to fully asde responsibilities and enjoy all the privileges of complete inde'e: Therefore enacted by the Senate and House of Representatives of the United America in Congress assembled, That the provisions of this Act and

“The Philippines” as used in this Act shall apply to and include pine Islands ceded to the l’nited States Government by the treaty concluded between the United States and Spain on the eleventh day eighteen hundred and ninety-nine, the boundaries of which are set

Article III of sail treaty, together with those islands embraced in ity between Spain and the United States concluded at Washington on enth day of November, nineteen hundred. c. 2. That all inhabitants of the Philippine Islands who were Spanish ts on the eleventh day of April, eighteen hundred and ninety-nine, and esided in said islands, and their children born subsequent thereto, shall semed and held to be citizens of the Philippine Islands, except such as have elected to preserve their allegiance to the Crown of Spain in accordwith the provisions of the treaty of peace between the United States Spain, signeil at Paris December tenth, eighteen hundred and ninetyat, and except such other's ils have since become citizens of some other mtry: Provided, That the Philippine Legislature, herein provided for, is reby authorized to provide by law, for the acquisition of Philippine citinship by those natives of the Philippine Islands who do not come within le foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citiens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein.

SEC. 3. That no law shall be enacted in said islands which shall deprive any person of life, liberty, or property without due process of law, or deny

*The archipelago known as the Philippine Islands was ceded to the United States by Spain at the close of the Spanish-American War by the terms of the Treaty of Paris of December 10, 1898, and in consideration of the payment of $20,000,000. From the date of the military occupation, until September 1, 1900, the Islands were governed exclusively by the military authorities under the war powers of the President. For several months thereafter, the governmental authority was divided between the military department and a commission appointed by the President. By the act of March 2, 1901, and July 1, 1902, a temporary civil government was established and the military government was completely terminated on July 4, 1902. The acts of 1902, as amended by the act of February 6, 1905, and other subsequent acts, remained the fundamental law of the Islands, until superseded by the present civil government act of August 29, 1916. The federal laws pertaining to the Philippine Islands, prior to the passage of the act of August 29, 1916, are embraced in Sections 3804-3915, inclusive, of the United States Compiled Statutes of 1913.


to any person therein the equal protection of the laws. Private property shall not be taken for public use without just compensation.

That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses faer to face, and to have compulsory process to compel the attendance of witnesses in his behalf.

That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself.

That all persons shall before conviction be bailable by sufficient sureties. except for capital offenses.

That no law impairing the obligation of contracts shall be enacted.
That no person shall be imprisoned for debt.

That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President, or by the Governor General, wherever during such period the necessity for such suspension shall exist.

That no ex post facto law or bill of attainder shall be enacted nor shall the law of primogeniture ever be in force in the Philippines.

That no law granting a title of nobiity shall be enacted, and no person holding any office of profit or trust in said islands shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign State.

That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

That the right to be secure against unreasonable searches and seizures shall not be violated.

That slavery shall not exist in said islands; nor shall involuntary servitude exist therein except as a punishment for crime whereof the party shall have been duly convicted.

That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Gorernment for redress of grievances.

That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjofment of religious profession and worship, without discrimination or preference, shall forever be allowed; and no religious test shall be required for the exercise of civil or political rights. No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest preacher, minister, or other reigious teacher dignitary as such. Coutracting of polygamous or plural marriages hereafter is prohibited. That to law shall be construed to permit polygamous or plural marriages.

That no money shall be paid out of the treasury except in pursuance of an appropriation by law.

That the rule of taxation in said islands shall be uniform.

That no bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.

That no warrant shall issue but upon probable cause, supported by cath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

That all money collected on any tax levied or assessed for a special por pose shall be treated as a special fund in the treasury and paid out for suel purpose only.

SEC. 4. That all expenses that may be incurred on account of the Gorernment of the Philippines for salaries of officials and the conduct of the offices and departments, and all expenses and obligations contracted for the

internal improvement or defenses, barracks, and o except as otherwise spec. Government of the Philip

SEC. 5. That the sta shall not apply to the P proride, or it is so provide

SEC, 6. That the laws force and effect, except as amended, or repealed by t of Congress of the United

SEC. 7. That the legis when not inconsistent with ify, or repeal any law, civil mas from time to time see

This power shall specife as to the tariff to all laws Philippines

Ser. 8. That general l. rided, is hereby granted to

SEC. 9. That all the pr in the Philippine Islands by Spain, signed Deceniber tent land or other property as ha the United States for milita the l’nited States, and all li by the government of the Ph of sertions sixty-three and s. first. nineteen bundred and sold and disposed of in acco gress, are hereby placed unde to be administered or dispose and the Philippine Legislature all such matters as it may de lature with reference to land after enacted, shall not hare dent of the United States: Pro by the Governor General, it President of the United States. within six months from and af proral, and if not disapproved same as if it had been specificlands in the Philippine Islands purpose of the United States, a for which reserved. have been o under the control of the goveru the benefit of the inhabitants rezarded as effectual to give the power to administer and dispose tants of said islands.

SEC. 10. That while this A shall have the authority to enact islands and the United States sh laws of the Congress of the Unite amendatory to the tariff of the P fbey shall receive the approval of any act of the Philippine Legisla or coinage laws of the Philippines by the President of the United St shall approve or disapprove any act six months from and after its en

« AnteriorContinuar »