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who shall receive a salary of five thousand dollars a year. He shall perform such duties as shall be prescribed by the Secretary or required by law. There shall also Clerks. be one chief clerk and a disbursing clerk and such other clerical assistants as may from time to time be authorized by Congress;1 and the Auditor for the State and other Auditing of acDepartments shall receive and examine all accounts of salaries and incidental expenses of the office of the Secretary of Commerce, and of all bureaus and offices under his direction, all accounts relating to the Light-House Board, Steamboat - Inspection Service, Navigation, Alaskan fur-seal fisheries, the National Bureau of Standards, Coast and Geodetic Survey, Census, Fish Commission and to all other business within the jurisdiction of the Department of Commerce, and certify the balances arising thereon to the Division of Bookkeeping and Warrants and send forthwith a copy of each certificate to the Secretary of Commerce.

3

Province of the

Department.

bid., sec. 3.

vested.

appropriations.

It shall be the province and duty of said Department to foster, promote, and develop the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery industries, the labor interests, and the transportation facilities of the United States; and to this end it Jurisdiction shall be vested with jurisdiction and control of the departments, bureaus, offices, and branches of the public service hereinafter specified, and with such other powers and duties as may be prescribed by law. All unexpended Unexpended appropriations, which shall be available at the time when this Act takes effect, in relation to the various offices, bureaus, divisions, and other branches of the public service, which shall, by this Act, be transferred to or included in the Department of Commerce, or which may hereafter, in accordance with the provisions of this Act, be so transferred, shall become available, from the time of such transfer, for expenditure in and by the Department of Commerce and shall be treated the same as though said branches of the public service had been directly named in the laws making said appropriations as parts of the Department of Commerce, under the direction of the Secretary of said Department.

ferred to Depart

The following-named offices, bureaus, divisions, and, Bureaus transbranches of the public service, now and heretofore under ment. the jurisdiction of the Department of the Treasury, and Ibid., sec. 4. all that pertains to the same, known as the Light-House Board, the Light-House Establishment, the Steamboat

2

1 A Solicitor of the Department of Commerce, in the Department of Justice, is authorized by a provision of the act of March 18, 1904, and an assistant solicitor by the act of March 4, 1911. The personnel of the Secretary's office is provided for annually in the appropriation acts.

A Bureau of Lighthouses was established in the Department by act of June 17, 1910, and the powers and duties of the Lighthouse Board and the Lighthouse Establishment were transferred to said Bureau.

As the purpose of the Department of Labor, created by the act of March 4, 1913, is "to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment," so much of this section as provides that it shall be the province and duty of the Department of Commerce to toster, promote, and develop the labor interests of the United States appears to have been superseded by that act.

eign Commerce

Inspection Service, the Bureau of Navigation, the United States Shipping Commissioners, the National Bureau of Standards, the Coast and Geodetic Survey, and the Bureau of Statistics, be, and the same hereby are, transferred from the Department of the Treasury to the Department of Commerce, and the same shall hereafter remain under the jurisdiction and supervision of the last-named Department; and that the Census Office, and all that pertains to the same, be, and the same hereby is, transferred from the Department of the Interior to the Department of Commerce, to remain henceforth under the jurisdiction of the latter; that the Fish Commission, and the Office of Commissioner of Fish and Fisheries, and all that pertains to the same, be, and the same hereby are, placed under the jurisdiction and made a part of the Department of Commerce; that Bureau of For- the Bureau of Foreign Commerce, now in the Departconsolidated with ment of State, be, and the same hereby is, transferred Bureau of Statis- to the Department of Commerce and consolidated with and made a part of the Bureau of Statistics, herein before transferred from the Department of the Treasury to the Department of Commerce, and the two shall constitute one bureau, to be called the Bureau of Statistics,1 with a chief of the bureau; and that the Secretary of Commerce shall have control of the work of gathering and distributing statistical information naturally relating Statistical work to the subjects confided to his Department; and the Secretary of Commerce is hereby given the power and authority to rearrange the statistical work of the bureaus and offices confided to said Department, and to consolidate any of the statistical bureaus and offices transferred to said Department; and said Secretary shall also have authority to call upon other Departments of the Government for statistical data and results obtained by them; and said Secretary of Commerce may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise.

tics.

under Secretary.

Official records, furniture, etc.

The official records and papers now on file in and 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, 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."

1 By act of August 23, 1912, the Bureau of Manufactures and the Bureau of Statistics were consolidated into one bureau, to be known as the "Bureau of Foreign and Domestic Commerce."

2 The papers, records, and files of the Immigration Commission, provided for in the act of February 20, 1907, remaining on the expiration of the existence of said Commission, were turned over and became a part of the files of the Department by a provision of the act of June 25, 1910, and by the act of March 4, 1913, were transferred to the Department of Labor. By resolution of March 4, 1907, all official minutes and files of correspondence of the Industrial Commission deposited with the Librarian of Congress, exclusive of such publications as may be needed for the uses of the Library of Congress, were transferred to the Department of Commerce and became the property of said Department.

Bureau of Man

ufactures.

Ibid., sec. 5.

There shall be in the Department of Commerce a bureau to be called the Bureau of Manufactures,1 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 of said Its province. 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 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.

consular

officers

Secre

Bureau of Cor

porations.

Ibid., sec. 6.
Commissioner.

There Deputy Com

missioner.

There shall be in the Department of Commerce 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. shall also be in said bureau a 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 or by the said Commissioner. There Employees. shall also be in the said bureau 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, diligent investigation into the 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 sub- Corporations ject to 'An Act to regulate commerce," approved

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1 By act of August 23, 1912, the Bureau of Manufactures and the Bureau of Statistics were consolidated into one bureau, to be known as the "Bureau of Foreign and Domestic Commerce."

excepted.

Power and authority of Commissioner.

witnesses.

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.

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 apTestimony and plicable, 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 subpœnaed to testify as witnesses or to produce documentary evidence in pursuance of the authority conferred by this section.

Useful information to be compiled.

It shall also be the province and duty of said bureau, under the direction of the Secretary of Commerce, 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.

ies.

Alaskan fisher

Ibid., sec. 7.

Annual reports

to Congress by

merce.

Ibid., sec. 8.

The jurisdiction, supervision and control now possessed and exercised by the Department of the Treasury over the fur-seal, salmon and other fisheries of Alaska are hereby transferred and vested in the Department of Commerce.

The Secretary of Commerce shall annually, at the close Secretary of Com- of each fiscal year, make a report in writing to Congress, giving an account of all moneys received 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 purSpecial reports. poses of the Department. He shall also from time to

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.1

Property of De

partment.

Ibid., sec. 9.

Expenditures.

Rented build

The Secretary of Commerce shall have charge, in the buildings or premises occupied by or appropriated to the Department of Commerce, 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 periodicals and the purposes of the library, and for the rental of appropriate quarters for the accommodation of the Department of Commerce within ings. 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 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 Transfer of emfurther, That all officers, clerks, and employees now em- reaus. ployed in or by any of the bureaus, offices, departments, or branches of the public service in this Act transferred to the Department of Commerce 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 laws prescribing the work Previous laws and defining the duties of the several bureaus, offices, de- bureaus. partments, or branches of the public service by this Act transferred to and made a part of the Department of Commerce shall, so far as the same are not in conflict with the provisions of this Act, remain in full force and effect until otherwise provided by law.

ployees with bu

concerning these

Jurisdiction over these bu

Secretary of

Ibid., sec. 10.

"All duties performed and all power and authority now possessed or exercised by the head of any executive depart- reaus vested in ment in and over any bureau, office, officer, board, branch, commerce. or division of the public service by this Act transferred to the Department of Commerce, 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 Com

merce.

over matters re

to

mer

All duties, power, authority and jurisdiction, whether Jurisdiction supervisory, appellate or otherwise, now imposed or con- lating ferred upon the Secretary of the Treasury by Acts of Con- chant shipping. gress 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

1 The Secretary is required by a provision of the act of March 3, 1903, to submit to Congress, annually, estimates in detail for all personal services and for all general and miscellaneous expenses for the Department.

In connection with section 10, see "Opinions of the Attorney General," page 30.

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