[SEC. 1.] [National Home for Disabled Volunteer Soldiers- persons entitled to benefits.] * * * The following persons only shall hereafter be entitled to the benefits of the National Home for Disabled Volunteer Soldiers, and may be admitted thereto upon the order of a member of the board of managers, namely: All honorably discharged officers, soldiers, and sailors who served in the regular or volunteer forces of the United States in any war in which the country has been engaged, including the Spanish-American War, the provisional army (authorized by Act of Congress approved March seeond, eighteen hundred and ninety-nine), in any of the campaigns against hostile Indians, or who have served in the Philippines, in China, or in Alaska, who are disabled by disease, wounds, or otherwise, and who have no adequate means of support, and who are not otherwise provided for by law, and by reason of such disability are incapable of earning their living. [38 Stat. L. 853.] This and the following paragraph are from the Sundry Civil Appropriation Act of March 3, 1915, ch. 75. That for any [Collections from inmates of soldiers' homes.] sum or sums collected in any manner from inmates of such State or Territorial homes to be used for the support of said homes a like amount shall be deducted from the aid herein provided for, but this proviso shall not apply to any State or Territorial home into which the wives or widows of soldiers are admitted and maintained. [38 Stat. L. 853.] IMMIGRATION. Act of August 1, 1914, Ch. 223, 61. Sec. 1. Commissioner of Immigration at New Orleans, 61. [SEC. 1.] [Commissioner of Immigration at New Orleans.] That the Commissioner of Immigration to discharge at New Orleans, Louisiana, the duties now required of other commissioners of immigration at the respective ports of the United States shall be appointed in the same manner and for the same term as the said other commissioners, and shall have the same official status as they; and that section thirty-four of the immigration Act approved February twentieth, nineteen hundred and seven, is hereby repealed in so far as it conflicts with the foregoing provision: Provided further, however, That the salary of the said commissioner of immigration at New Orleans, Louisiana, shall be reduced to the sum of $2,900 per annum. [38 Stat. L. 666.] This is from the Sundry Civil Appropriation Act of Aug. 1, 1914, ch. 223. 61 IMPORTS AND EXPORTS. Act of January 17, 1914, Ch. 9, 62. Sec. 1. Opium-Importation Prohibited, 62. 2. Penalty for Violation - Possession Proof of Guilt, 62. 3. Presumption - Burden of Proof, 63. 4. Persons Liable to Penalty - Evidence - Forfeiture, 63. 5. Admission for Transportation to Another Country Prohibited, 64. 6. Exportation Prohibited Regulations, 64. 7. Penalty for Exportation - Informers, 64. 8. Liability of Vessel, 64. CROSS-REFERENCES. Exportation of timber, see TIMBER LANDS AND FOREST RESERVES. Food products shipped to foreign countries, see AGRICULTURE. An Act To amend an Act entitled "An Act to prohibit the importation and use of opium for other than medicinal purposes," approved February ninth, nineteen hundred and nine. [Act of Jan. 17, 1914, Ch. 9.] That an Act entitled "An Act to prohibit the importation and use of opium for other than medicinal purposes," approved February ninth, nineteen hundred and nine, is hereby amended so as to read as follows: For the Act of Feb. 9, 1909, as originally passed, see 1909 Supp. Fed. Stat. Annot. 180. "[SEC. 1.] [Opium-importation prohibited.] That after the first day of April, nineteen hundred and nine, it shall be unlawful to import into the United States opium in any form or any preparation or derivative thereof: Provided, That opium and preparations and derivatives thereof, other than smoking opium or opium prepared for smoking, may be imported for medicinal purposes only, under regulations which the Secretary of the Treasury is hereby authorized to prescribe, and when so imported shall be subject to the duties which are now or may hereafter be imposed by law. [38 Stat. L. 275.] "SEC. 2. [Penalty for violation-possession proof of guilt.] That if any person shall fraudulently or knowingly import or bring into the United States, or assist in so doing, any opium or any preparation or derivative thereof contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such opium or preparation or derivative thereof after importation, knowing the same to have been imported contrary to law, such opium or preparation or derivative thereof shall be forfeited and shall be destroyed, and the offender shall be fined in any sum not exceeding $5,000 nor less than $50 or by imprisonment for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the defendant is shown to have, or to have had, possession of such opium or preparation or derivative thereof, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant shall explain the possession to the satisfaction of the jury. [38 Stat. L. 276.] Permission of government officials to removal of opium as defense. In Jung Quey v. United States, (C. C. A. 9th Cir. 1915) 222 Fed. 766, it appeared in evidence that the quartermaster of a steamship took opium prepared for smoking purposes from his steamship while it was in a United States port, and that he did so with the permission of the government, through its duly authorized officers, for the purpose of securing evidence against the defendants who received it. The court held that this evidence did not constitute a defense to a prosecution of the defendants for a conspiracy to receive opium imported contrary to law, but could properly be considered in establishing their guilt. "SEC. 3. [Presumption - burden of proof.] That on and after Julyfirst, nineteen hundred and thirteen, all smoking opium or opium prepared for smoking found within the United States shall be presumed to have been imported after the first day of April, nineteen hundred and nine, and the burden of proof shall be on the claimant or the accused to rebut such presumption. [38 Stat. L. 276.] Constitutionality.-The presumption here involved, though beyond any in revenue laws or elsewhere, appears to come within the limits of legislative power. Doubtless it goes far to prevent possession, use, and intrastate traffic in opium which are subject only to state police power; but this is only incidental to regulation of foreign commerce over which Congress has exclusive authority. This section provides for presumptions or prima facie proof of the offense, which, while sufficient to sustain a verdict of guilty, may or may not be sufficient to satisfy the jury of the guilt of the accused beyond a reasonable doubt. It is but what is commonly styled a rule of evidence and not a substantive law creat ing a new offense and does not deprive the jury of its function of weighing evidence and determining facts. Like presumptions are familiar to common and statutory law in England and this country. So too, to civil law they dictate the burden of evidence as public policy may require. Conforming to ancient procedure, when not prohibited by constitutions, legislative bodies have power to create them, and in their application is "due process of law," provided there is rational connection between the facts therefrom inferred, that the inferences are not so unreasonable as to be mere arbitrary mandates and that the party affected is free to oppose them. United States v. Yee Fing (D. C. Mont. 1915), 222 Fed. 154. "SEC. 4. [Persons liable to penalty. evidence — forfeiture.] That any person subject to the jurisdiction of the United States who shall, either as principal or as accessory, receive or have in his possession, or conceal on board of or transport on any foreign or domestic vessel or other water craft or railroad car or other vehicle destined to or bound from the United States or any possession thereof, any smoking opium or opium prepared for smoking, or who, having knowledge of the presence in or on any such vessel, water craft, or vehicle of such article, shall not report the same to the principal officer thereof, shall be subject to the penalty provided in section two of this Act. Whenever on trial for violation of this section the defendant is shown to have or to have had possession of such opium, such possession shall be deemed sufficient evidence to authorize conviction, unless the defendant shall explain the possession to the satisfaction of the jury: Provided, however, That any master of a vessel or other water craft, or person in charge of a railroad car or other vehicle, shall not be liable under this section if he shall satisfy the jury that he had no knowledge and used due diligence to prevent the presence of such article in or on such vessel, water craft, car, or other vessel, and any such article shall be forfeited and shall be destroyed. [38 Stat. L. 276.] "SEC. 5. [Admission for transportation to another country prohibited.] That no smoking opium or opium prepared for smoking shall be admitted into the United States, or into any territory under the control or jurisdiction thereof, for transportation to another country, nor shall such opium be transferred or transshipped from one vessel to another vessel within any waters of the United States for immediate exportation or any other purpose. [38 Stat. L. 276.] "SEC. 6. [Exportation prohibited - regulations.] That hereafter it shall be unlawful for any person subject to the jurisdiction of the United States to export or cause to be exported from the United States, or from territory under its control or jurisdiction, or from countries in which the United States exercises extraterritorial jurisdiction, any opium or cocaine, or any salt, derivative, or preparation of opium or cocaine, to any other country: Provided, That opium or cocaine, and salts, derivatives, or preparations thereof, except smoking opium or opium prepared for smoking, the exportation of which is hereby absolutely prohibited, may be exported to countries regulating their entry under such regulations as are prescribed by such country for the importation thereof into such country, such regulations to be promulgated from time to time by the Secretary of State of the United States. "The Secretary of State shall request all foreign Governments to communicate through the diplomatic channels copies of laws and regulations promulgated in their respective countries which prohibit or regulate the importation of the aforesaid drugs, and when received advise the Secretary of the Treasury and the Secretary of Commerce thereof; whereupon the Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce shall make and publish all proper regulations for carrying the provisions of this section into effect. [38 Stat. L. 276.] "SEC. 7. [Penalty for exportation informers.] That any person who exports or causes to be exported any of the aforesaid drugs in violation of the preceding section shall be fined in any sum not exceeding $5,000 nor less than $50 or by imprisonment for any time not exceeding two years, or both. And one-half of any fine recovered from any person or persons convicted of an offense under any section of this Act may be paid to the person or persons giving information leading to such recovery, and one-half of any bail forfeited and collected in any proceedings brought under this Act may be paid to the person or persons giving the information which led to the institution of such proceedings, if so directed by the court exercising jurisdiction in the case: Provided, That no payment for giving information shall be made to any officer or employee of the United States. [38 Stat. L. 277.] "SEC. 8. [Liability of vessel.] That whenever opium or cocaine or any preparations or derivatives thereof shall be found upon any vessel arriving at any port of the United States which is not shown upon the vessel's manifest, as is provided by sections twenty-eight hundred and six and twenty-eight hundred and seven of the Revised Statutes, such vessel shall be liable for the penalty and forfeiture prescribed in section twenty-eight hundred and nine of the Revised Statutes." [38 Stat. L. 277.] For R. S. secs. 2806, 2807 and 2809 see Fed. Stat. Annot. 646, 647. INCOME TAX. See INTERNAL REVENUE. INDIAN DEPREDATIONS. See CLAIMS. INDIANS. Act of March 27, 1914, Ch. 46, 65. Five Civilized Tribes- Drainage District-Payment of Assessments, 65. Act of August 1, 1914, Ch. 222, 66. Sec. 1. Hospitals — Isolation and Quarantine of Diseased Indians, 66. Administration of Oaths-Heirs of Deceased Indians-Wit- Appropriations for Encouraging Industry Report, 67. - Five Civilized Tribes - Superintendent to be Appointed, 67. An Act To provide for drainage of Indian allotments of the Five Civilized Tribes. [Act of March 27, 1914, Ch. 46.] [Five Civilized Tribes - drainage district - payment of assessments.] That whenever a drainage district is organized in any county in the Five Civilized Tribes of the State of Oklahoma, under the laws of that State, for the purpose of draining the lands within such district, the Secretary of the Interior is authorized, in his discretion, to pay from the funds or moneys arising from any source under his control or under the control of the United States, and which would be pro rated to such allottee, the assessment for drainage purposes against any Indian allottee or upon the lands of any allottee who is not subject to taxation or whose lands are exempt from taxation or F. S. A. Supp.-5. 65 |