A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted. On September 25, 1925, certain Executive orders were issued by the President relating to the Panama Canal and putting into effect rules governing the navigation of the Panama Canal and adjacent waters. Rules Nos. 160, 162 to 164, and 166 to 170 of the rules governing the navigation of the Panama Canal and adjacent waters pertain particularly to inspection of vess ls. It is considered that the President was without authority to define the offenses specified in the rules and prescribe the punishment therefor and this bill is filed in order to validate those rules by congressional enactment. The rules that are to be validated are herewith inserted, with minor amendments indicated, so that when approved by Congress they will be allocated to their proper place in the Canal Zone Code: [Matter stricken out inclosed in b ack brackets. New matter in italic] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Rule 160. Inspection of Hulls, Boilers, Equipment, and Passenger Accommodations:] That all vessels navigating the waters of the Canal Zone, except public vessels of all nations, and private vessels merely transiting the canal, shall be subject to an annual inspection of hulls, boilers, machinery, equipment, and passenger accommodations; and the governor is hereby authorized to prescribe regulations concerning such inspection, provided that such regulations shall, as nearly as practicable, conform to the laws and regulations governing the Steamboat Inspection Service of the United States. [Rule 162.] SEC. 2. A foreign vessel of a country which has inspection laws approximating those of the United States, having an unexpired certificate of inspection duly issued by the authorities of the said country, shall not be subjected to an inspection other than that necessary to determine if the vessel, boilers, and life-saving equipment are as stated in the certificate of inspection; but no such certificate of inspection shall be accepted as evidence of lawful inspection unless like privileges are granted to vessels of the United States under the laws of the country to which such vessel belongs. [Rule 163. Issuing of Certificate] SEc. 3. When the board of local inspectors of the Panama Canal approves a vessel and its equipment, a certificate of inspection, in triplicate, will be issued by the canal authorities, two copies of which shall be displayed in conspicuous places in the vessel where they are most likely to be observed by passengers and others, and there kept at all times framed under glass. [Rule 164.] Sec. 4. Should the board of local inspectors not approve the vessel or its equipment, a certificate of inspection will be refused, and the board of local inspectors will make a statement in writing giving the reason for failure to approve, filing such statement in the records of the board, and giving a copy thereof to the owner, agent, or master of the vessel. [Rule 166. Penalty:] Sec. 5. Any vessel, other than those excepted in [Rule 160] section 1 of this act, that navigates the waters of the Canal Zone without having an unexpired certificate of inspection issued by the canal authorities or by the Steamboat Inspection Service of the United States, or an unexpired certificate accepted by the canal authorities under [Rule 162] section 2 of this act, shall be subject to a fine not exceeding [one thousand dollars ($1,000)] $1,000; and whenever any passenger is received on board a vessel not having certified copies of the certificate of inspection placed and kept as required by [Rule 163] section 3 of this act, or [who shall receive] whenever passengers are received on board a vessel in excess of the number authorized by said certificate of inspection, such vessel shall be liable to a fine not exceeding [one hundred dollars ($100)] $100 for each passenger so received. Fines shall be recovered in the district court of the Canal Zone, and the amount so recovered shall be a lien upon such vessel, and it may be seized and sold to satisfy same, as well as the costs of the court proceedings. [Rule 167. Revocation of Certificate.] Sec. 6. In case a vessel holding an unexpired certificate issued by the canal authorities shall change its condition as to hull, boilers, machinery, equipment, or accommodations for passengers in such manner as not to conform to the regulations under which such certificate was issued, the board of local inspectors is authorized to make an inspection and to recommend revocation of the certificate of inspection, and upon approval of such recommendation by the marine superintendent, or such other officer of the Panama Canal as may be designated by the governor, a notice of revocation will be issued to the owner, agent, or master of the vessel; and after such notice of revocation the navigating of Canal Zone waters by such vessel shall subject it to the penalty prescribed by [Rule 166] section 5 of this act. [Rule 168. Small vessels engaged in local navigation in Canal Zone waters:] Sec. 7. Other than public vessels of the United States or of the Republic of Panama, small vessels propelled in whole or in part by machinery shall be required to be registered, certificated, and numbered, and to display the numbers assigned in a conspicuous place in prescribed form. Such vessels shall not be operated except by an operator holding a license to operate, issued after examination by the board of local inspectors, and approval of such examination by the marine superintendent or such other officer of the Panama Canal as may be designated by the governor. [Rule 169.] Sec. 8. Small vessels not propelled in whole or in part by machinery shall be registered and numbered, and when numbers have been assigned they shall be displayed in a conspicuous place in prescribed form. [Rule 170.] Sec. 9. [Small] Vessels under sixty-five feet in length, before carrying passengers for hire in the Canal Zone waters, shall obtain a certificate from the Canal Zone authorities to engage in this business, and such certificate shall specify the number of passengers and life preservers and the fire-fighting apparatus which the vessel must carry. Such vessels shall be subject to annual inspection, and the certificate referred to will be granted for one year only. Small vessels carrying passengers without having first obtained a certificate from the canal authorities, or carrying passengers in excess of the number authorized by such certificate, shall be liable to a fine of not exceeding [one hundred dollars ($100)] $100 for each passenger so carried. O AUTHORIZE CERTAIN OFFICIALS OF CANAL ZONE TO ADMINISTER OATHS, ETC. FEBRUARY 17, 1932.-Referred to the House Calendar and ordered to be printed Mr. LEA, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 7509] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7509) to authorize certain officials of the Canal Zone to administer oaths and to summon witnesses to testify in matters within the jurisdiction of such officials, 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. Hon. SAM RAYBURN, WAR DEPARTMENT, Washington, January 28, 1932. Chairman Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR MR. RAYBURN: The receipt is acknowledged of a letter from the Hon. Clarence F. Lea, dated January 15, 1932, inclosing, and requesting on behalf of your committee a report upon, certain bills for the revision of the laws of the Canal Zone introduced by him, including bill H. R. 7509, entitled "A bill to authorize certain officials of the Canal Zone to administer oaths and to summon witnesses to testify in matters within the jurisdiction of such officials." 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. Reference to this proposal is made on page 312 of that document. The bill proposes to validate the provisions of rules 7 and 8 of the Executive order of September 25, 1925, it being considered that the President was without authority to authorize officials designated by him to administer oaths, and to summon witnesses, or at the request of such designated officials, to authorize the district court of the Canal Zone to compel the attendance of witnesses. The rules, with an unimportant amendment indicated, will be found in House Report Sincerely yours, PATRICK J. HURLEY, Secretary of War. A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted. On September 25, 1925, certain Executive orders were issued relating to the Panama Canal, and particularly establishing rules governing the navigation of the canal and adjacent waters. These ordinances created various offenses and fixed penalties for their violation. It is believed that the President had no authority of law for the issuance of such an Executive order and that the same is for that reason invalid. This bill reenacts or validates rules No. 7 and 8 of the Executive order of September 25, 1925, amending the original text in an unimportant particular. Rules 7 and 8 of the Executive order validated, with the recommended change indicated, are as follows: [Matter stricken out inclosed in black brackets] That members of the board of local inspectors, customs officers, quarantine officers, and admeasurers, appointed by the Governor of the Panama Canal, are hereby authorized to administer oaths for the purpose of certifying the correctness of official papers [, and to witnesses appearing before them in their official capacity]. Sec. 2. That members of the board of local inspectors, customs officers, quarantine officers, and admeasurers are hereby authorized to summon witnesses to testify in matters within the jurisdiction of said officials, and to require the production of books and papers necessary thereto. The district court of the Canal Zone is hereby authorized to issue processes, at the request of the designated canal officials, to compel the attendance of witnesses and the production of books and papers, and to punish for contempt of court any who refuse to obey such processes, or who refuse to be sworn or to answer any material or proper question after being duly sworn. О |