declare them to be entitled to the protection of the authorities and to the flag of the United States, although no register, enrollment, license, or other marine document prescribed by the laws of the United States can lawfully be issued to such ⚫vessels whether they are American or foreign built. The former practice of issuing sea letters in the case of the purchase abroad of American or foreign vessels by citizens of the United States is no longer authorized. Nevertheless, though the issuing of sea letters to such ships is not now authorized, yet there would seem to be no good reason upon the face of our present legislation why the Department of State should not resume the practice, in case the United States should be a neutral in a war between maritime powers, if it should deem such letters more protective in their character than consular or customs certificates of sale.

343. RECORD OF BILL OF SALE, CERTIFICATE, ETC.-In view of existing regulations, and to enable the owners of a vessel so situated to protect their rights, if molested or questioned, a consular officer, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its execution, and deliver to the purchaser a certificate to that effect; certifying, also, that the owner is a citizen of the United States. Before granting such a certificate the consular officer will require the tonnage of the vessel to be duly ascertained in pursuance of law and insert the same in the description of the vessel in his certificate. (Form No. 35.) These facts thus authenticated, if the transfer is in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States; and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith.

344. CONSUL'S RESPONSIBILITY.-The authority of a consular officer to authenticate the transfer of a foreign vessel is wide in its effects and imposes great responsibility in making him, in the first instance at least, the sole judge of the good faith of the transaction. The question of the honesty and good faith of such a sale rises into the gravest importance in the event of a war between two or more powers in which the Government of the United States is a neutral. In such a war experience justifies the expectation that the citizens or subjects of one or more of the belligerents will seek to protect their shipping by a transfer to a neutral flag. In some instances this may honestly be done; but the sales of the vessels of belligerents in apprehension of or in time of war are always and properly liable to suspicion, and they justify the strictest inquiry on the part of the belligerent who may thereby have been defrauded of his right to capture the enemy's property. The acceptance of the pretended ownership of a vessel under these circumstances may be very profitable; and the temptation to abuse his trust in such a case to which a consular officer is subjected may be too great for persons of ordinary integrity, discernment, and firmness to withstand. Instances are not wanting in which citizens of the United States who were wholly incapable, from their previous well-known condition and pursuits, of making such a purchase have appeared as owners under sales of this character, and have sought for them the protection of the Government.

345. CAREFUL INVESTIGATION ENJOINED.-It is the duty of a consular officer to use all available means, especially during the existence of a war to which this Government is not a party, to satisfy himself that the sale of a vessel is made in good faith and without a fraudulent intent. A considerable discretion and responsibility rests upon him in the determination of the good faith of such transactions. It is not to be concluded that all such sales, even in time of peace, are honest and free from collusion or fraud. It is the duty of the consular officer to notice all circumstances that throw doubt on the good faith of the transaction or point to its fictitious character, and, if he is satisfied in this respect, to refuse to grant his certificate. On the other hand, he is not permitted to regard the mere fact of the sale of a vessel to a citizen of the United States as any evidence of fraud. The presumption must be otherwise, and, in the absence of any indication of dishonesty, a sale in the regular way, with the usual business formalities, is to be regarded as made in good faith.

346. CERTIFICATE, WHEN TO BE ISSUED.-When a consular officer shall have satisfied himself, after the investigation with which he is charged, that the sale of a vessel is not fictitious and is made in good faith, and that the purchaser is a citizen of the United States, it is his duty, when requested, to record the bill of sale in the consulate, and to deliver the original to the purchaser, with his certificate annexed thereto, according to Form No. 35. A copy of the bill of sale, together with any other papers belonging to the transfer, and of the consular certificate should be sent without delay to the Department of State, with a report of the facts and circumstances of the transaction.

347. RIGHT TO FLY THE FLAG.-The privilege of carrying the flag of the

United States is under the regulation of Congress, and it may have been the intention of that body that it should be used only by regularly documented vessels. No such intention, however, is found in any statute. And as a citizen is not prohibited from purchasing and employing abroad a foreign ship, it is regarded as reasonable and proper that he should be permitted to fly the flag of his country as an indication of ownership and for the due protection of his property. The practice of carrying the flag by such vessels is now established. The right to do so will not be questioned, and it is probable that it would be respected by the courts. 348. DISABILITIES OF FOREIGN-BUILT VESSELS.-It should be understood that foreign-built vessels not registered, enrolled, or licensed under the laws of the United States, although wholly owned by citizens thereof, cannot legally import goods, wares, or merchandise from foreign ports, and are not allowed in the coasting trade.-R. S., secs. 2497, 4311.

349. FORFEITURE AND TONNAGE DUTIES.-On arrival from a foreign port undocumented foreign-built vessels, if laden with goods, wares, or merchandise, may, with their cargoes, be subjected to forfeiture.-R. S., sec. 2497; see Tariff act of 1894, sec. 15. If in ballast only, or with passengers without cargo, they will be subject to a discriminating tonnage duty.-R. S., sec. 4219; 19 Stat. L., 250. When in foreign ports they are also subject to tonnage and other consular fees from which regularly documented vessels are exempt. For instructions respecting the shipment and discharge and relief of seamen on vessels of this character and the collection of extra wages, consular officers are referred to the several articles on these subjects.

[No. 356.]

AN ACT appropriating the sum of twenty-five thousand dollars ($25,000), money of the United States, for the expenses of the construction of the Benguet wagon road from Pozorubio, province of Pangasinan, to Baguio, province of Benguet.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. The sum of twenty-five thousand dollars ($25,000), in money of the United States, is hereby appropriated out of any money in the Insular Treasury not otherwise appropriated, for expenses in carrying on the construction of the Benguet wagon road from Pozorubio, province or Pangasinan, to Baguio, province of Benguet.

SEC. 2. The funds appropriated by this act shall be disbursed in local currency upon the basis of two dollars and ten cents ($2.10), local currency, for one dollar ($1) in money of the United States.

SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 4. This act shall take effect on its passage. Enacted, February 17, 1902.

[No. 357.]

AN ACT making certain permanent annual appropriations.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. There are hereby appropriated, out of any moneys in the Insular Treasury not otherwise appropriated, for the purposes hereinafter specified, such sums as may be necessary for the same,

respectively; and such appropriations shall be deemed permanent annual appropriations:

To refund moneys received as customs duties exacted or paid in excess of the amounts found due upon final liquidation, and for the refundment of customs fines, penalties and forfeitures mitigated or remitted by competent authority.

To pay officers and employes of the customs service the amounts collected from importers for overtime service, and to pay the officers in private bonded warehouses the amounts collected from importers to cover such services.

To refund and pay back dues or taxes erroneously or illegally assessed or collected under the internal revenue laws.

To repay to importers the excess of deposits for unascertained duties.

To refund moneys erroneously received and covered into the Treasury, including all excess amounts deposited by officers as revenue collected.

To restore to any appropriation any loss which may occur to such appropriation through a credit allowed under Rule 28 or Rule 29 of Act No. 90 when such amounts are necessary to defray expenses properly incurred under appropriations so affected.

To pay, by warrant, postal money orders presented for payment after twelve months from the last day of the month in which issued, from the fund accruing on account of the deposit with the Treasurer of the Islands of amounts received from the sale of such money orders. SEC. 2. The Auditor for the Archipelago is hereby authorized to transfer, on the books of his office, to the proper revenue or appropriation any moneys improperly or erroneously deposited to the credit of another revenue or appropriation; and the Auditor shall notify the Treasurer of the Archipelago of any transfer of revenue and the said Treasurer shall thereupon adjust his records accordingly.

SEC. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 5. This act shall take effect on its passage.

Enacted, February 17, 1902.

[No. 358. ]

AN ACT providing for the payment of per-diems in lieu of expenses to traveling examiners and others in the offices of the Treasurer and Auditor for the Archipelago, who are required to perform official travel.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. The traveling examiners of the Treasurer and Auditor for the Philippine Archipelago and the officers and clerks of said offices who are authorized by law and designated to perform official travel in connection with the examination of accounts, or otherwise, shall be entitled to a per diem of two dollars and fifty cents ($2.50) U. S. currency, or its equivalent in local currency at the authorized rate, for each day such examiner, officer or clerk is actually traveling or

away from Manila on official business, in addition to necessary cost of transportation. When transportation by steamship, government transport, or otherwise, includes subsistence, no per diem shall be paid or allowed for such portion of the journey.

SEC. 2. The Auditor is hereby authorized to detail any clerk not below the grade of class 9 for the purpose of examining the books and accounts of any officer required by law to render to him accounts for settlement; and the Treasurer is hereby authorized to detail any clerk, in his office not below said grade to perform such duty as the Insular Treasurer is authorized and directed to perform by himself or authorized deputy.

SEC. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900.

SEC. 5. This act shall take effect March 1, 1902.

Enacted, February 17, 1902.

[No. 359.]

AN ACT amending section 3 of Act No. 116, by increasing the bond of the Provincial Treasurer of the Province of Cebu to forty thousand dollars ($40,000.00).

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. Section 3 of Act No. 116, making applicable to the Province of Cebu the Provincial Government Act, is hereby amended by increasing the amount of the bond to be required from the Treasurer of such province from twenty-five thousand dollars ($25,000.00), to forty thousand dollars ($40,000.00), in money of the United States. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the Enactment of Laws," passed September 26, 1900. SEC. 3. This act shall take effect on its passage.

Enacted, February 20, 1902.

[No. 360.]

AN ACT for the reorganization of the office of the United States Philippine

Commission.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. There are hereby authorized in the office of the United States Philippine Commission: One private secretary for each member of the Commission except the President thereof, at such salaries as may be fixed by resolution of the Commission; one secretary of the Commission at an annual compensation of three thousand, five hundred dollars ($3,500.00); one Spanish secretary of the Commission at

an annual compensation of three thousand, five hundred dollars ($3,500.00); one chief clerk class five; one disbursing officer class five; three clerks class six; two clerks class seven; four clerks class eight; one clerk class nine; one clerk class D; two clerks class H; one clerk class I; two messengers at the rate of two hundred and forty dollars ($240.00) per annum each; four messengers at the rate of one hundred and eighty dollars ($180.00) per annum each; and one Tagalog-Spanish interpreter and translator who shall be compensated at the rate of one thousand, five hundred dollars ($1,500.00) per

annum.

SEC. 2. Section 3 of Act No. 102, entitled: "An Act Regulating the Salaries of Officers and Employés in the Philippine Civil Service," and all acts or parts of acts amendatory thereof providing for employés in the office of the United States Philippine Commission, are hereby repealed.

SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An Act Prescribing the Order of Procedure by the Commission in the enactment of laws," passed September 26, 1900. SEC. 4. This act shall take effect on its passage.

Enacted, February 20, 1902.

[No. 361.]

AN ACT to amend section 8 of Act No. 198 relating to official transportation as amended by section 2 of Act No. 237, and to amend the first paragraph of section 23 of Act No. 215, regulating accountability for public property in the Philippine Archipelago.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. Section 8 of Act No. 198, relating to official transportation, as amended by section 2 of Act No. 237, is hereby amended by striking out said section and substituting therefor the following:

"SEC. 8. The Insular Purchasing Agent shall contract with the inter-island transportation lines and with railroad companies for the transportation of such officials as may be required by their official duties to go from one point to another in the Archipelago, and shall issue transportation requests to such officials upon said companies for passage according to the terms agreed upon. Payment of these transportation requests shall be made by the disbursing officer of the department, bureau or office against which the cost of the transportation is properly chargeable, and each department, bureau or office shall submit for appropriation, with its regular estimates, the amounts which will probably be required for the payment of such transportation expenses. The Insular Purchasing Agent shall furnish transportation requests, with proper stubs, in book form, signed by him, to the heads of such departments, bureaus and offices as may be designated by the Civil Governor, and to each provincial treasurer, to enable such officers to countersign and issue the same. The Provincial Treasurer will issue requests only upon the order of the head of the proper Insular Bureau for any Insular officer or employé, whose official duty requires him to proceed from the province of the Provin10613-02-17