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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 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 shall
not thereafter be imposed upon or exercised by the SecreActs repealed. tary of the Treasury. And all Acts or parts of Acts incon
sistent with this Act are, so far as inconsistent, hereby
repealed. Bureau of A person, to be designated by the Secretary of State, State Depart-shall be appointed to formulate, under his direction, for Ibid., sec. 11. ec. 11. the instruction of consular officers, the requests of the
Secretary of Commerce; and to prepare from the dispatches of consular officers, for transmission to the Secretary of Commerce, such information as pertains to the work of the Department of Commerce; 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. President may The President be, and he is hereby, authorized, by order tical or scientific in writing, to transfer at any time the whole or any part ment "Of com- of any office, bureau, division or other branch of the
te public service engaged in statistical or scientific work, Ibid., sec. 12.
from the Department of State, the Department of the 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 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, or the Secretary thereof, as the case may be, as to the whole or part of such
President may transfer statis
work to Depart
withstano any sugly the Presiden issued by Departm
office, bureau, division or other branch of the public service so transferred.
This Act shall take effect and be in force from and after Date of taking its passage: Provided, however, That the provisions of this Ibid., sec. 13. 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 shall take effect and be in force on the first day of July, nineteen hundred and three, and not before. Hereafter the commissions of all officers under the Commissions of
officers. direction and control of the * * * Secretary of Mar. 3, 1905 (99 Commerce shall be made out and recorded in the * * * Stat., 890). Department of Commerce, * * * and the Department seal affixed thereto, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. And all commissions heretofore issued by the Department of Commerce with the seal of that Department affixed are hereby declared legal and valid. The Secretary of Commerce is hereby authorized, Assignment of
* pay permitted. under such regulations as he may prescribe, to permit June 17, 1910 (36 officers and employees of the several bureaus and divi- Stat., 624) sions of the Department of Commerce to assign their salaries while absent from Washington, District of Columbia, and employed in the field.
The Secretary of the Treasury, the Secretary of Agri- Secretary to culture, and the Secretary of Commerce shall make for carrying out uniform rules and regulations for carrying out the pro-pure-food act. visions of this Act, including the collection and examina- June 30, 1906 (34 tion of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the chief health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country.
The Secretary of the Treasury, the Secretary of Agri- Secretary to culture, and the Secretary of Commerce shall make uni- for carrying out form rules and regulations for carrying out the provisions secticide act. of this Act, including the collection and examination of Apr. 26, 1910 (86
Stat., 331), sec. 3. specimens of insecticides, Paris greens, lead arsenates, and fungicides manufactured or offered for sale in the District of Columbia or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreigu country or intended for ship
vision to rules the bebe Trease field. "ston, Distsign
- for carrying out
provisions of inthe Promotion of
Mar. 2, 1907 (34
ment to any foreign country, or which may be submitted for examination by the director of the experiment station of any State, Territory, or the District of Columbia (acting under the direction of the Secretary of Agriculture), or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign
port or country. Foundation for Whereas Alfred Bernard Nobel, of the city of StockIndustrial Peace. holm, in the Kingdom of Sweden, having by his last will Stats 1221 pret and testament provided that the residue of his estate shall amble.
constitute a fund the income from which shall be annually awarded in prizes to those persons who have during the year contributed most materially to benefit mankind, and having further provided that one share of said income shall be awarded to the person who shall have most or best promoted the fraternity of nations and the abolishment or diminution of standing armies and the formation and increase of peace congresses; and
Whereas the Norwegian Parliament having, under the terms of said foundation, elected a committee for the distribution of the peace prize, and this committee having in the year nineteen hundred and six awarded the aforesaid prize to Theodore Roosevelt, President of the United States, for his services in behalf of the peace of the world; and
Whereas the President desiring that this award shall form the nucleus of a fund the income of which shall be expended for bringing together in conference at the city of Washington, especially during the sessions of Congress, representatives of labor and capital for the purpose of discussing industrial problems, with the view of arriving at a better understanding between employers and em
ployees, and thus promoting industrial peace: Therefore Foundation es- Be it enacted by the Senate and House of Representatives Ibid., sec. 1. of the United States of America in Congress assembled, That
the Chief Justice of the United States, the Secretary of Agriculture, and the Secretary of Commerce, and their successors in office, together with a representative of labor and a representative of capital and two persons to represent the general public, to be appointed by the President of the United States, are hereby created trustees of
an establishment by the name of the Foundation for the Nobel peace Promotion of Industrial Peace, with authority to receive President Roose- the Nobel peace prize awarded to the President and by
to him devoted to this foundation, and to administer it in
accordance with the purposes herein defined. Any vacancies occurring in the number of trustees shall be filled in like manner by appointment by the President of the
United States. Duties of trus It shall be the duty of the trustees herein mentioned to Ibid., sec. 2. invest and reinvest the principal of this foundation, to
receive any additions which may come to it by gift, bequest, or devise, and to invest and reinvest the same;
Board of tru tees.
prize awarded to
velt devoted to the work.
ences at Washing
and to pay over the income from the foundation and its neiacomina Torrice additions, or such part thereof as they may from time to peace committee. time apportion, to a committee of nine persons, to be known as “The industrial peace committee,'' to be selected by the trustees, three members of which com- . Selection, servmittee shall serve for the period of one year, three members for the period of two years, and three members for the period of three years; three members of this committee to be representatives of labor, three to be representatives of capital, each chosen for distinguished services in the industrial world in promoting righteous industrial peace, and three members to represent the general public. Any vacancies which may occur in this committee shall Filing vacanbe filled by selection and appointment in the manner prescribed for the original appointment of the committee, and when the committee has first been fully selected and appointed each member thereafter appointed shall serve for a period of three years or the unexpired portion of such term.
The industrial peace committee herein constituted Annual confershall arrange for an annual conference in the city of ton, D.C. Washington, District of Columbia, of representatives of Ibid., sec. labor and capital for the purpose of discussing industrial problems, with the view of arriving at a better understanding between employers and employees; it shall call special conferences in case of great industrial crises and at such other times as may be deemed advisable, and take such other steps as in its discretion will promote the general purposes of the foundation; subject, however, to such rules and regulations as may be prescribed by the trustees. The committee shall receive suggestions for the subjects to be discussed at the annual or other conferences and be charged with the conduct of the proceedings at such conferences. The committee shall also arrange for the publication of the results of the annual and special conferences. All expenditures authorized by the trustees shall be Expenditures.
Ibid., sec. 4. paid exclusively from the accrued income and not from the principal of the foundation. The trustees herein named are authorized to hold real Property hold
det ings, limit. and personal estate in the District of Columbia to an ibid., sec. 5. amount not exceeding three million dollars, and to use and dispose of the same for the purposes of this foundation.
The principal office of the foundation shall be located Principal office, in the District of Columbia, but offices may be maintained Toid., sec. 6. and meetings of the trustees and committees may be held in other places, to be provided for in by-laws to be adopted from time to time by the trustees, for the proper execution of the purposes of the foundation.
The Foundation for the Promotion of Industrial Peace Cooperation is hereby authorized and empowered, at its discretion, to ties.
Ibid., sec. 7. cooperate with any institutions or societies having similar or like purposes.
This Act shall take effect immediately on its passage. Ibid., sec. 8.
OPINIONS OF THE ATTORNEY GENERAL. The following rulings of the Attorney General demonstrate the broad and comprehensive view taken by the law officer of the Government in defining the powers and duties of the Secretary of Commerce:
The Secretary of Commerce is authorized, under the act of February 14, 1903, creating the Department of Commerce, to change the names of bureaus and other offices assigned to his department. (June 22, 1903, 24 Op. At. Gen., 697.)
The act of Congress with regard to the Department of Commerce was doubtless conceived in the same spirit as the acts of a hundred years ago providing for the formation of other executive departments, and should be interpreted accordingly. (July 2, 1903, 25 ibid., 3.)
It can not be doubted that the business intrusted to the Secretary of Commerce was intended to be mapped out on broad lines and separated from that of other departments.* * (July 2, 1903, 25 ibid., 3.)
The Secretary of Commerce is not required, in the execution of the duties imposed upon him by the act of February 14, 1903, to correspond with collectors of customs through the Secretary of the Treasury. (July 2, 1903, 25 ibid., 3.)
The act of February 14, 1903, giving the Department of Commerce jurisdiction and control of the seal fisheries, does not transfer to that department the Revenue-Cutter Service or any of its vessels or officers. Vessels assigned by authority of the President to the protection of the seal fisheries are subject to the direction of the Secretary of Commerce in respect to those duties, but their internal government and duties concerning the revenue while thus engaged will be under the Secretary of the Treasury. (July 2, 1903, 25 ibid., 4.)
The making of rules and regulations under the act of May 19, 1896, to insure the safety of passengers on excursion steamers, etc., at regattas or yacht races, and their subsequent enforcement by revenue cutters, is “business within the jurisdiction" of the Department of Commerce, and, when revenue vessels are detailed for that purpose, they are subject to the direction and control of the Secretary of that Department in all matters relating to such business. (Aug. 3, 1903, 25 ibid., 27.)
The general line of cleavage established by the act creating the Department of Commerce between it and the Treasury Department leaves “navigation” with the Secretary of Commerce and little with the Treasury Department which does not concern the collection, keeping, minting, and disbursing of the public treasure. (Aug. 3, 1903, 25 ibid., 29.)
Matters arising under the acts of May 16, 1888, February 6, 1893, March 6, 1896, and June 6, 1900, relating to anchorage and anchorage grounds, have been transferred by the act of February 14, 1903, from the Treasury Department to the Department of Commerce. (Aug. 12, 1903, 25`ibid., 37.)
The powers and duties of the Secretary of the Treasury, imposed or conferred “by acts of Congress relating to merchant vessels or yachts, their * * * movements and transportation of their cargoes and passengers, owners, * * * the remission or refund of fines,