Gambar halaman
PDF
ePub
[ocr errors]

the Republic of Panama in 1904, the laws of that country with which the inhabitants were familiar were put into effect by proclamation of the President. Since then the old Columbian laws of civil and criminal procedure and the Columbian Criminal Code have been repealed, and such parts of the Code of Criminal Law, the Code of Criminal Procedure, and the Code of Civil Procedure of the State of California as were found to be appropriate for the Canal Zone have been enacted and put into effect in the Canal Zone. It has now been decided that the present code of civil laws of the Canal Zone taken from the old Columbian Civil Code should be repealed and a new code of civil laws enacted; that other provisions of the California Code of Criminal Procedure should be added to the existing law, and that a number of other laws of the zone ought to be repealed or amended. These changes are proposed in other bills now pending and favorably reported by the Committee on Interstate and Foreign Commerce of which this bill is one.

The code of all the laws of the Canal Zone has been substantially completed and is ready for the inclusion of the proposed changes in the laws of the zone that shall receive the approval of Congress. When Congress and the President shall have approved them, they will be allocated to their proper place in the code and the completed code will then be forwarded by the President to Congress for its approval; when thus presented to Congress, the proposed code will represent a complete codification of all of the then existing laws of the Canal Zone without any new legislation included in it.

This bill, H. R. 14065 amends section 1 of the Executive order of the President of August 4, 1911. Section 1 of the Executive order with the amendments is as follows:

[Matter stricken out inclosed in brackets and new matter in italics]

SECTION 1. Any person who sets on foot, instigates, promotes or carries on any fights between cocks or other birds, or any dog fight, or bull fight, or fight between other animals; or who does any act as assistant, umpire or principal in furtherance of any fight between any such animals, shall be punished by a fine not to exceed [fifty dollars] $50, or by imprisonment in jail not to exceed thirty days, or by both such fine and imprisonment, in the discretion of the court.

The amendment consists solely in inserting the words "in jail" after the word "imprisonment" so as to fix in the law the place of imprisonment. The amendment is important in view of the distinction now recognized in the laws of the Canal Zone between offenses which are punishable by imprisonment in a jail and those by imprisonment in the penitentiary.

This bill has been prepared and recommended by the various authorities charged with the duty of recommending proposed changes in the Canal Zone laws, and has been submitted to and approved by the Secretary of War and the Department of Justice, and its enactment is recommended by the President.

WAR DEPARTMENT, Washington, December 22, 1980.

Hon. JAMES S. PARKER,

Chairman Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D. C.

DEAR MR. PARKER: The receipt is acknowledged of your letter of December 3, 1930, inclosing and requesting a report and comment upon bill H. R. 14065, entitled "A bill to amend an Executive order promulgated August 4, 1911, pro

hibiting promotion of fights between bulls, dogs, or cocks," which was introduced by Mr. Denison.

This is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in letter to the President dated June 5, 1930, and, in conformity with the provisions of the act of May 17, 1928 (45 Stat. 596), entitled 66 An act to revise and codify the laws of the Canal Zone," forwarded by him to the Congress with his message of June 9, 1930.

The message and report submitted therewith were printed as House Document No. 460, Seventy-first Congress, second session. The reasons given for the submission of this bill will be found on page 36 of that document.

The early consideration and passage of the legislation proposed for the Canal Zone are recommended.

Sincerely yours,

о

PATRICK J. HURLEY,
Secretary of War.

TO PREVENT IN CANAL ZONE FIRE-HUNTING AT NIGHT

FEBRUARY 21, 1931.-Referred to the House Calendar and ordered to be printed

Mr. DENISON, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 14066]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 14066) to prevent, in the Canal Zone, fire-hunting at night and hunting by means of a spring or trap, and to repeal the Executive orders of September 8, 1909, and January 27, 1914, having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the President and the Secretary of War, as will appear by the letter attached.

WAR DEPARTMENT, Washington, December 22, 1980.

Hon. JAMES S. PARKER,

Chairman Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D. C.

DEAR MR. PARKER: The receipt is acknowledged of your letter of December 3, 1930, inclosing and requesting a report and comment upon bill H. R. 14066, entitled "A bill to prevent, in the Canal Zone, fire-hunting at night, and hunting by means of a spring or trap, and to repeal the Executive orders of September 8, 1909, and January 27, 1914," which was introduced by Mr. Denison.

This is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in letter to the President dated June 5, 1930, and, in conformity with the provisions of the act of May 17, 1928 (45 Stat. 596), entitled "An act to revise and codify the laws of the Canal Zone," forwarded by him to the Congress with his message of June 9, 1930.

The message and report submitted therewith were printed as House Document No. 460, Seventy-first Congress, second session. The reasons given for the submission of this bill will be found on page 36 of that document.

The early consideration and passage of the legislation proposed for the Canal Zone are recommended.

Sincerely yours,

PATRICK J. HURLEY,
Secretary of War.

This bill is one of a number that have been filed and approved by the Committee on Interstate and Foreign Commerce in pursuance of the act of May 17, 1928, providing for the revision and codification .of the laws of the Canal Zone. That act is as follows:

[PUBLIC-No. 413-70TH CONGRESS]

[H. R. 11475]

AN ACT To revise and codify the laws of the Canal Zone

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and is hereby, authorized to have all of the laws now in force in the Canal Zone revised and codified, and when such revision and codification has been completed to report the same to Congress for its approval.

SEC. 2. In order to carry out the purpose of this act as early as practicable, the President is authorized to employ such persons skilled in the codification of laws as he may deem necessary and to fix their compensation; he may call upon the judge of the District Court of the Canal Zone and the district attorney thereof for such assistance as they can render, and the said judge and district attorney are hereby authorized to render such assistance as they can in the performance of such duties. The President is also further authorized to employ such members of the district bar of the Canal Zone and such clerks, stenographers, and other assistants as he may deem necessary for the proper and early completion of such work and to fix their compensation.

SEC. 3. As soon as a proper code of all the laws now in force in the Canal Zone shall have been prepared, the President is authorized to report the same to Congress with his recommendation; and the President is further authorized to report with such code such changes in the laws now in force in the Canal Zone as he deems necessary or wise for the proper administration of justice therein and the proper maintenance and operation of the Panama Canal.

SEC. 4. There is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the sum of not more than $25,000 to be used by the President for the payment of salaries of persons employed, for necessary travel and other expenses of such employees, going to and from the Canal Zone, and while in the Canal Zone, engaged in the performance of such duties, and for necessary printing, books, stationery, and other expenditures incidental to the performance of such work.

Approved, May 17, 1928.

The work of preparing a code of laws of the Canal Zone and of recommending needed changes or revisions in the laws thereof has been proceeding continuously since the passage of that act. An experienced codifier was employed by the President and he has been assisted in the work by the judge of the district court of the Canal Zone, the district attorney thereof, and by committees of the bar and of employees and officials appointed by the Governor for that purThe Code of Laws has been practically completed and is now awaiting the enactment by Congress of the changes or revisions in the laws that have been found desirable and recommended to Con; gress. All of these proposed revisions in existing laws of the zone have been given careful consideration by those who prepared them and have been forwarded by the Governor of the Canal Zone to the Secretary of War, who has given them his consideration and approval. They have likewise been submitted to the Department of Justice and, after being approved by that department, they have been forwarded to Congress by the President. The President's message to Congress with the recommended revisions of the laws of the zone has been printed as House Document 460 of the Seventy-first Congress and referred to the Committee on Interstate and Foreign Commerce. The reasons for each of the proposed changes in the laws are fully set

out in that document, and those pertaining to this bill will be found. on page 34 thereof.

The laws applicable to the Canal Zone are to be found in numerous Executive Orders issued from time to time by the President, which have or were supposed to have the force and effect of law; also in numerous volumes of ordinances enacted by the Isthmian Canal Commission during the period of construction of the canal from 1904 to 1914, and in various acts of Congress that have been passed from time to time since 1904.

A revision and codification of the laws of the Canal Zone has been desired for many years by all parties concerned. It is fundamental that the laws of any State or Territory should be in such form that they can be easily and definitely ascertained by the courts, the bar, the administrative officials, and the people who are governed by them. For that reason Congress passed the act of May 17, 1928, to provide for the revision and codification of the laws of the zone. In the administration of the laws the Canal Zone authorities, and particularly the district judges thereof, have found a number of changes that ought to be made in some of the laws in order to remove doubts that have arisen with reference to their meaning, to repeal such as are obsolete or duplicated by other laws, and to validate such as have been thought to be invalid because of lack of authority in those who enacted them.

When the Canal Zone was taken over by treaty from the Republic of Panama in 1904, the laws of that country with which the inhabitants were familiar were put into effect by proclamation of the President. Since then the old Colombian laws of civil and criminal procedure and the Colombian Criminal Code have been repealed, and such parts of the Code of Criminal Law, the Code of Criminal Procedure, and the Code of Civil Procedure of the State of California as were found to be appropriate for the Canal Zone have been enacted and put into effect in the Canal Zone. It has now been decided that the present code of civil laws of the Canal Zone taken from the old Colombian Civil Code should be repealed and a new code of civil laws enacted; that other provisions of the California Code of Criminal Procedure should be added to the existing law, and that a number of other laws of the zone ought to be repealed or amended. These changes are proposed in other bills now pending and favorably reported by the Committee on Interstate and Foreign Commerce, of which this bill is one.

The code of all the laws of the Canal Zone has been substantially completed and is ready for the inclusion therein of the proposed changes in the laws of the zone that shall receive the approval of Congress. When Congress and the President shall have approved them, they will be allocated to their proper place in the code and the completed code will then be forwarded by the President to Congress for its approval; when thus presented to Congress, the proposed code will represent a complete codification of all of the then existing laws of the Canal Zone without any new legislation included in it.

This bill H. R. 14066 repeals the Executive orders of the President of September 8, 1909, and January 27, 1914, and reenacts a part of the Executive order of September 8, 1909. The Executive order

« SebelumnyaLanjutkan »