furniture, etc. That the official records and papers now on file in and oicial records, pertaining exclusively to the business of any bureau, office, department, or branch of the public service in this Act transferred to the Department of Commerce and Labor, together with the furniture now in use in such bureau, office, department, or branch of the public service, shall be, and hereby are, transferred to the Department of Commerce and Labor. Bureau of Man ufactures. Sec. 5. There shall be in the Department of Commerce and Labor a bureau to be called the Bureau of Manufactures, and a chief of said bureau, who shall be appointed by the President, and who shall receive a salary of four thousand dollars per annum. There shall also be in said bureau such clerical assistants as may from time to time be authorized by Congress. It shall be the province and duty Its province. of said bureau, under the direction of the Secretary, to foster, promote, and develop the various manufacturing industries of the United States, and markets for the same at home and abroad, domestic and foreign, by gathering, compiling, publishing, and supplying all available and useful information concerning such industries and such markets, and by such other methods and means as may be prescribed by the Secretary or provided by law. And all Reports from consular officers of the United States, including consuls- through general, consuls, and commercial agents, are hereby re- tary of State. quired, and it is made a part of their duty, under the direction of the Secretary of State, to gather and compile, from time to time, useful and material information and statistics in respect to the subjects enumerated in section three of this Act in the countries and places to which such consular officers are accredited, and to send, under the direction of the Secretary of State, reports as often as required by the Secretary of Commerce and Labor of the information and statistics thus gathered and compiled, such reports to be transmitted through the State Department to the Secretary of the Department of Commerce and Labor. consular officers Secre Bureau of Cor porations. Sec. 6. Commissioner. Deputy Com There shall be in the Department of Commerce and Labor a bureau to be called the Bureau of Corporations, and a Commissioner of Corporations who shall be the head of said bureau, to be appointed by the President, who shall receive a salary of five thousand dollars per annum. There shall also be in said bureau a deputy Deputy commissioner who shall receive a salary of three thousand five hundred dollars per annum, and who shall in the absence of the Commissioner act as, and perform the duties of, the Commissioner of Corporations, and who shall also perform such other duties as may be assigned to him by the Secretary of Commerce and Labor or by the said Commissioner. There shall also be in the said bureau Employees. a chief clerk and such special agents, clerks, and other employees as may be authorized by law. missioner. The said Commissioner shall have power and authority Duties of Comto make, under the direction and control of the Secretary of Commerce and Labor, diligent investigation into the excepted. thority of Commissioner. organization, conduct, and management of the business of any corporation, joint stock company or corporate combination engaged in commerce among the several States and with foreign nations excepting common carriers subCorporations ject to "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and to gather such information and data as will enable the President of the United States to make recommendations to Congress for legislation for the regulation of such commerce, and to report such data to the President from time to time as he shall require; and the information so obtained or as much thereof as the President may direct shall be made public. Power and au- In order to accomplish the purposes declared in the foregoing part of this section, the said Commissioner shall have and exercise the same power and authority in respect to corporations, joint stock companies and combinations subject to the provisions hereof, as is conferred on the Interstate Commerce Commission in said "Act to regulate commerce" and the amendments thereto in respect to common carriers so far as the same may be applicable, including the right to subpoena and compel the attendance and testimony of witnesses and the production of documentary evidence and to administer oaths. All the requirements, obligations, liabilities, and immunities imposed or conferred by said "Act to regulate commerce" and by "An Act in relation to testimony before the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, supplemental to said "Act to regulate commerce," shall also apply to all persons who may be subpoenaed to testify as witnesses or to produce documentary evidence in pursuance of the authority conferred by this section. Testimony and witnesses. be Useful information to compiled. It shall also be the province and duty of said bureau, under the direction of the Secretary of Commerce and Labor, to gather, compile, publish, and supply useful information concerning corporations doing business within the limits of the United States as shall engage in interstate commerce or in commerce between the United States and Insurance cor- any foreign country, including corporations engaged in insurance, and to attend to such other duties as may be hereafter provided by law. porations. Alaskan eries. Sec. 7. fish The jurisdiction, supervision and control now possessed and exercised by the Department of the Treasury over the fur-seal, salinon and other fisheries of Alaska and Immigration, over the immigration of aliens into the United States, its waters, territories and any place subject to the jurisdiction thereof, are hereby transferred and vested in the Department of Commerce and Labor: Provided, That nothing contained in this Act shall be construed to alter the method of collecting and accounting for the head-tax prescribed by section one of the Act entitled "An Act to regulate immigration,” approved August third, eighteen hundred and eighty-two. That the authority, power and jurisdiction now possessed and exercised by the Secretary Head tax. of the Treasury by virtue of any law in relation to the exclusion from and the residence within the United States, Chinese excluits territories and the District of Columbia, of Chinese and sion. persons of Chinese descent, are hereby transferred to and conferred upon the Secretary of Commerce and Labor, and the authority, power and jurisdiction in relation thereto now vested by law or treaty in the collectors of customs and the collectors of internal revenue, are hereby conferred upon and vested in such officers under the control of the Commissioner-General of Immigration, as the Secretary of Commerce and Labor may designate therefor. to Congress by Sec. 8. The Secretary of Commerce and Labor shall annually, Annual reports at the close of each fiscal year, make a report in writing Secretary of Comto Congress, giving an account of all moneys received merce and Labor. and disbursed by him and his Department, and describing the work done by the Department in fostering, promoting, and developing the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery industries, and the transportation facilities, of the United States, and making such recommendations as he shall deem necessary for the effective performance of the duties and purposes of the Department. He shall also from time to special reports. time make such special investigations and reports as he may be required to do by the President, or by either House of Congress, or which he himself may deem necessary and urgent. partment. The Secretary of Commerce and Labor shall have Property of Decharge, in the buildings or premises occupied by or appro-Sec. 9. priated to the Department of Commerce and Labor, of the library, furniture, fixtures, records, and other property pertaining to it or hereafter acquired for use in its business; and he shall be allowed to expend for period- Expenditures. icals and the purposes of the library, and for the rental ings. Transfer of ployees of appropriate quarters for the accommodation of the Rented buildDepartment of Commerce and Labor within the District of Columbia, and for all other incidental expenses, such sums as Congress may provide from time to time: Provided, however, That where any office, bureau, or branch of the public service transferred to the Department of Commerce and Labor by this Act is occupying rented buildings or premises, it may still continue to do so until other suitable quarters are provided for its use: And provided further, That all officers, clerks, and em- pores with bu ployees now employed in or by any of the bureaus, offices, reaus. departments, or branches of the public service in this Act transferred to the Department of Commerce and Labor are each and all hereby transferred to said Department at their present grades and salaries, except where otherwise provided in this Act: And provided further, That all Previous laws laws prescribing the work and defining the duties of the bureaus. several bureaus, offices, departments, or branches of the public service by this Act transferred to and made a part of the Department of Commerce and Labor shall, so far as the same are not in conflict with the provisions of this concerning these Jurisdiction over these bu Secretary of Labor. Scc. 10. Act, remain in full force and effect until otherwise provided by law. a All duties performed and all power and authority now reaus vested in possessed or exercised by the head of any executive departCommerce and ment in and over any bureau, office, officer, board, branch, or division of the public service by this Act transferred to the Department of Commerce and Labor, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority conferred by law upon such bureau, officer, office, board, branch or division of the public service, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Commerce and Labor. over matters re mer Jurisdiction All duties, power, authority and jurisdiction, whether lating to supervisory, appellate or otherwise, now imposed or conchant shipping. ferred upon the Secretary of the Treasury by Acts of Congress relating to merchant vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commissions, records, mortgages, bills of sale, transfers, entry, clearance, movements and transportation of their cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the better security of life, and by Acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive or dangerous cargo on vessels, the use of petroleum or other similar substances to produce motive power and relating to the remission or refund of fines, penalties, forfeitures, exactions or charges incurred for violating any provision of law relating to vessels or seamen or to informer's shares of such fines, and by Acts of Congress relating to the Commissioner and Bureau of Navigation, Shipping Commissioners, their officers and employees, Steamboat-Inspection Service and any of the officials thereof, shall be and hereby are transferred to and imposed and conferred upon the Secretary of Commerce and Labor from and after the time of the transfer of the Bureau of Navigation, the Shipping Commissioners and the Steamboat Inspection Service to the Department of Commerce and Labor, and shall not thereafter be imposed upon or Acts repealed, exercised by the Secretary of the Treasury. And all Acts or parts of Acts inconsistent with this Act are, so far as inconsistent, hereby repealed. Bureau Trade Relations, ment. Sec. 11. of A person, to be designated by the Secretary of State, State Depart shall be appointed to formulate, under his direction, for the instruction of consular officers, the requests of the Secretary of Commerce and Labor; and to prepare from the dispatches of consular officers, for transmission to the Secretary of Commerce and Labor, such information as pertains to the work of the Department of Commerce and Labor; and such person shall have the rank and salary of a chief of bureau, and be furnished with such clerical assistants as may from time to time be authorized by law. a In connection with sec. 10, see extracts from opinions of AttorneyGeneral, page 34. transfer statisti ment of Com The President be, and he is hereby, authorized, by order President may in writing, to transfer at any time the whole or any part cal or scientific of any office, bureau, division or other branch of the work to Departpublic service engaged in statistical or scientific work, merce and Lafrom the Department of State, the Department of the Sec. 12. Treasury, the Department of War, the Department of Justice, the Post-Office Department, the Department of the Navy or the Department of the Interior, to the Department of Commerce and Labor; and in every such case the duties and authority performed by and conferred by law upon such office, bureau, division or other branch of the public service, or the part thereof so transferred, shall be thereby transferred with such office, bureau, division or other branch of the public service, or the part thereof which is so transferred. And all power and authority conferred by law, both supervisory and appellate, upon the department from which such transfer is made, or the Secretary thereof, in relation to the said office, bureau, division or other branch of the public service, or the part thereof so transferred, shall immediately, when such transfer is so ordered by the President, be fully conferred upon and vested in the Department of Commerce and Labor, or the Secretary thereof, as the case may be, as to the whole or part of such office, bureau, division or other branch of the public service so transferred. This Act shall take effect and be in force from and after its passage: Provided, however, That the provisions of this Act other than those of section twelve in relation to the transfer of any existing office, bureau, division, officer or other branch of the public service or authority now conferred thereon, to the Department of Commerce and Labor shall take effect and be in force on the first day of July, nineteen hundred and three, and not before. Date of taking effect. Sec. 13. Labor. of and "For payment of the salaries and expenses of the Depart-Salaries, etc.. ment of Commerce and Labor, established by the "Act to Commerce establish the Department of Commerce and Labor," proved February fourteenth, nineteen hundred and three, (32 Stat., 1081.) for the fiscal years nineteen hundred and three and nineteen hundred and four, as follows: Office of the Secretary: For compensation of the Secre- Secretary. tary of Commerce and Labor, at the rate of eight thousand Private secredollars per annum; private secretary to the Secretary, at tary to Secretary. the rate of two thousand five hundred dollars per annum; Assistant SecAssistant Secretary of Commerce and Labor, at the rate retary. of five thousand dollars per annum; private secretary to Private secre the Assistant Secretary, at the rate of one thousand eight secretary. @ Appropriation acts are not included in this volume except where they contain general legislation. This act is given on account of its historical value, being the first appropriation made for the Department of Commerce and Labor; and also on account of its usefulness in the work of organization. tary to Assistant |