Education, at an annnal salary of two thousand four hundred dollars, payable monthly, and shall prescribe the duties of said assistant. He shall also appoint, subject to the approval of the Secretary of Public Instruction, a city superintendent of schools for Manila and division superintendents of schools for other parts of the Archipelago at the salaries hereinafter provided, and the teachers and clerks authorized by law, and shall prescribe the duties of such teachers and clerks." (b) By making section five read as follows: "SEC. 5. The Archipelago shall be and is hereby divided into thirty-five school divisions. In the First Division (the city of Manila and its barrios) there shall be a city superintendent of schools, and in each of the other divisions, except the Thirty-second, Thirty-third, Thirty-fourth, and Thirty-fifth, there shall be a regularly appointed division superintendent. The division and the annual salaries of the superintendents thereof shall be as follows: "First Division, the city of Manila and its barrios, three thousand dollars. "Second Division, Albay and Sorsogon, one thousand eight hundred dollars. "Third Division, Ambos Camarines, two thousand dollars. "Fourth Division, Batangas, two thousand dollars. "Fifth Division, Bohol, two thousand dollars up to July first, nineteen hundred and three, and on and after that date one thousand eight hundred dollars. "Sixth Division, Bulacan, one thousand six hundred dollars. "Seventh Division, Cagayan and Isabela, two thousand two hundred and fifty dollars. "Eighth Division, Capiz, one thousand five hundred dollars. "Ninth Division, Cavite, one thousand six hundred dollars. "Tenth Division, Cebu, two thousand two hundred and fifty dollars. "Eleventh Division, Ilocos Norte, two thousand dollars." "Twelfth Division, Ilocos Sur and Abra, two thousand two hundred and fifty dollars. "Thirteenth Division, Iloilo and Antique, two thousand five hundred dollars. "Fourteenth Division, La Laguna, one thousand eight hundred dollars. "Fifteenth Division, La Union, one thousand five hundred dollars. "Sixteenth Division, Leyte and Samar, two thousand four hundred dollars. "Seventeenth Division, Masbate, one thousand five hundred dollars. "Eighteenth Division, Mindanao and Jolo (with the exception of Misamis and Surigao), two thousand five hundred dollars. "Nineteenth Division, Misamis, one thousand five hundred dollars. "Twentieth Division, Nueva Ecija, two thousand dollars. "Twenty-first Division, Nueva Vizcaya, one thousand five hundred dollars. "Twenty-second Division, Occidental Negros, two thousand two hundred and fifty dollars. "Twenty-third Division, Oriental Negros, one thousand six hundred dollars. "Twenty-fourth Division, Pampanga and Bataan, two thousand two hundred and fifty dollars. "Twenty-fifth Division, Pangasinan, two thousand five hundred dollars. "Twenty-sixth Division, Rizal, one thousand five hundred dollars. "Twenty-seventh Division, Romblon, one thousand five hundred dollars. "Twenty-eighth Division, Surigao, one thousand five hundred dollars. "Twenty-ninth Division, Tarlac, one thousand five hundred dollars. "Thirtieth Division, Tayabas, two thousand dollars. "Thirty-first Division, Zambales, one thousand five hundred dollars. "In the Thirty-second, Thirty-third, Thirty-fourth, and Thirty-fifth Divisions, comprising the Provinces of Mindoro, Benguet, LepantoBontoc, and Paragua, the respective governors shall act, without additional compensation, as division superintendents: Provided, That for school purposes the entire Island of Paragua shall constitute the school division under the supervision of the governor of the Province of Paragua." (c) By making section six read as follows: SEC. 6. Whenever the business of his office renders it necessary, each division superintendent may be allowed a clerk to be appointed under the provisions of the Civil Service Law, The respective salaries of the clerks of the Seventh, Tenth, Twelfth, Thirteenth, Sixteenth, Eighteenth, Twenty-second, Twenty-fourth, and Twenty-fifth Divisions shall not exceed a sum at the rate of twelve hundred dollars per annum; the respective salaries of the clerks in the Second, Third, Fourth, Fifth, Eleventh, Fourteenth, Twentieth, and Thirtieth Divisions shall not exceed a sum at the rate of nine hundred dollars per annum; and the respective salaries of the clerks in the Sixth, Eighth, Ninth, Fifteenth, Seventeenth, Nineteenth, Twenty-first, Twenty-third, Twenty-sixth, Twenty-seventh, Twenty-eighth, Twenty-ninth, and Thirty-first Divisions shall not exceed a sum at the rate of six hundred dollars per annum.' (d) By making section seven read as follows: "SEC. 7. The actual expenses, including the cost of subsistence in excess of one dollar money of the United States per day, of the General Superintendent, assistant to the General Superintendent, and the division superintendents while absent from their usual places of residence on official business, shall be paid out of the Insular Treasury." (e) By making the last sentence of section nine read as follows: "Unless otherwise authorized and directed by the General Superintendent of Education or the Civil Governor, he shall have and maintain his residence and keep his office in the town in which the provincial school is established, if such school exists, and if no such school exists he shall have and maintain his residence and keep his office in one of the large towns in his division from which all the pueblos in such division can be most conveniently reached." SEC. 2. The General Superintendent of Education is hereby authorized to pay the salary of the assistant to the General Superintendent until July first, nineteen hundred and three, from funds already appropriated for elementary teachers. He is also authorized to pay the salary of the division superintendent of Nueva Vizcaya from the funds already appropriated for the superintendent of the former division of Antique. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This act shall take effect on its passage. Enacted, March 7, 1903. [No. 673.] AN ACT authorizing the nomination to the Director of the Census of certain enumerators and special agents of the census, the provisions of paragraph two of section eight of Act Numbered Four hundred and sixty-seven to the contrary notwithstanding. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The supervisor of the census for the district comprised in the Province of Bohol is hereby authorized and empowered to nominate to the Director of the Census Gerarda Clarin, Andrea Clarin, Ramos Clarin, Froilan Gallardo, Cirilo Clarin, Proceso Clarin, Santiago Butalid, Andres Lumain, Pedro Lumain, Claudio Butalid, Fortunato Butalid, Macario Lumain, Luis Butalid, Protasio Clarin, Severino Clarin, Osidio Gallardo, Gaudencio Mendoza, Esteban Lumain, Nicolas Butalid, and Simeon Clarin as enumerators and special agents of the census within his district, regardless of the relationship, by affinity or consanguinity, of said persons to him, the provisions of paragraph two of section eight of Act Numbered Four hundred and sixtyseven, entitled "An Act to provide for taking a census of the Philippine Islands," to the contrary notwithstanding. SEC. 2. The supervisor of the census for the district comprised in the Province of Misamis is hereby authorized and empowered to nominate to the Director of the Census Pedro Roa, Pedro Valez, and Pio Roa as enumerators and special agents of the census within his district, regardless of the relationship, by affinity or consanguinity, of said persons to him, the provisions of paragraph two of section eight of Act Numbered Four hundred and sixty-seven, entitled "An Act to provide for taking a census of the Philippine Islands," to the contrary notwithstanding. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This act shall take effect on its passage. [No. 674.] AN ACT appropriating one million dollars in money of the United States for improvement of the port of Manila. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The sum of one million dollars in money of the United States is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, to be made available and expended by the Civil Governor through the Chief Engineer of the United States Army, Division of the Philippines, for continuing the improvements of the harbor of Manila, and other public works as provided in Act Numbered Twenty-two, as amended. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This act shall take effect on its passage. [No. 675.] AN ACT to amend Act Numbered Two hundred and thirty-eight, regulating the police control of Cavite Harbor and vesting the same in the Admiral of the United States Navy commanding the Asiatic station, as amended, by providing that nothing in the Act contained shall affect the customs jurisdiction of the Insular Collector of Customs. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section one of Act Numbered Two hundred and thirtyeight, entitled "An Act fixing the limits of Cavite Harbor, vesting the Admiral of the United States Navy in command of the Asiatic station with police jurisdiction thereof and providing rules and regulations for governing vessels anchored therein," as amended, is hereby amended by adding at the end of the section the following proviso: "Provided however, That nothing in this section or Act contained shall affect or diminish the power and duty of the Collector of Customs of the Islands and of Manila to take all steps provided and authorized by law with respect to vessels in Cavite harbor prescribed for the purpose of protecting the customs revenues of the Islands." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This act shall take effect on its passage. [No. 676.] AN ACT to amend section forty-one of Act Numbered Eighty-two known as "The Municipal Code," by giving the provincial board of a province power to annul acts, ordinances, or resolutions of a municipal council or an executive order of the president of a municipality when the same are unauthorized by the Municipal Code." By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section forty-one of Act Numbered Eighty-two, known as "The Municipal Code," is hereby amended by striking out all of WAR 1903-VOL 8-28 the section as it appears in the Act, and substituting in lieu thereof the following: "SEC. 41. Whenever the council is desirous of securing a legal opinion upon questions arising in relation to the constitution or attributes of the municipal government, it shall frame the questions in writing and submit them to the provincial fiscal for decision. It shall be the duty of the secretary of the municipal council to forward, immediately after their passage, certified copies of all resolutions, ordinances, and other acts of the municipal council to the provincial governor. It shall be the duty of the president of each municipality whenever he makes a formal executive order which is published, to direct the municipal secretary to forward a certified copy of the same to the governor of the province. In case the governor shall think it probable that any act, ordinance, or resolution of the municipal council, or any executive order of the municipal president is not within its or his legal power, as conferred by the Municipal Code and its amendments, he shall bring the same to the attention of the provincial board, which shall request the opinion of the provincial fiscal as to the validity of the act, ordinance, resolution or order in question, and if, after receiving the opinion of the provincial fiscal, the board shall conclude that such act, ordinance, resolution, or executive order is in violation of the powers conferred by the Municipal Code upon the council or the president making the same, the provincial board shall have the power, and it shall be its duty, to declare such act, ordinance, resolution, or executive order to be null and void, and shall immediately notify the council or the president, as the case may be, of its action. Any attempt to enforce such act, ordinance, resolution, or executive order, after the provincial board shall have declared it to be null and after the action of the provincial board shall be brought to the attention of the municipal authorities, shall be sufficient ground for the dismissal of the officer or officers attempting to enforce the same. Should the council or the president be dissatisfied with the decision of the provincial board, an appeal may be taken by it or by him to the Civil Governor, who shall decide the same question which was presented to the provincial board and either affirm or reverse the decision of the provincial board. If the decision of the provincial board is affirmed, the act, ordinance, resolution, or executive order involved shall be annulled. If, however, he shall reverse the decision of the provincial board, then and in that case notice of his decision shall be given to the provincial governor, to the president or council of the municipality appealing, and upon receipt of notice by the appellant, the act, ordinance, resolution, or executive order shall be revived and come into force again. Pending the decision on appeal from an order of the provincial board annulling any act, ordinance, resolution, or executive order, the same shall have no force and effect. Nothing in this section shall be construed to deprive any judicial tribunal of power to hold void for want of statutory authority any act, ordinance, or resolution of a municipal council or executive order of a municipal president the validity of which shall be involved in any cause arising before such tribunal, without respect to the decision of the executive authorities." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission |