known as the Sherman Antitrust Act, and amendments thereto, or said sections of the Act of August twenty-seventh, eighteen hundred and ninety-four. The question of fact may be determined by the judgment of any court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are parties. Suit may be brought by any shipper or by the Attorney General of the United States.

That section six of said Act to regulate commerce, as heretofore amended, is hereby amended by adding a new paragraph at the end thereof, as follows: "When property may be or is transported from point to point in the United States by rail and water through the Panama Canal or otherwise, the transportation being by a common carrier or carriers, and not entirely within the limits of a single State, the Interstate Commerce Commission shall have jurisdiction of such transportation and of the carriers, both by rail and by water, which may or do engage in the same, in the following particulars, in addition to the jurisdiction given by the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten:

"(a) To establish physical connection between the lines of the rail carrier and the dock of the water carrier by directing the rail carrier to make suitable connection between its line and a track or tracks which have been constructed from the dock to the limits of its right of way, or by directing either or both the rail and water carrier, individually or in connection with one another, to construct and connect with the lines of the rail carrier a spur track or tracks to the dock. This provision shall only apply where such connection is reascuably practicable, can be made with safety to the public, and where the amount of business to be handled is sufficient to justify the outlay.

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The commission shall have full authority to determine the terms and conditions upon which these connecting tracks, when constructed, shall be operated, and it may, either in the construction or the operation of such tracks, determine what sum shall be paid to or by either carrier. The provisions of this paragraph shall extend to cases where the dock is owned by other parties than the carrier involved.

"(b) To establish through routes and maximum joint rates between and over such rail and water lines, and to determine all the terms and conditions under which such lines shall be operated in the handling of the traffic embraced.

"(c) To establish maximum proportional rates by rail to and from the ports to which the traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water.

"(d) If any rail carrier subject to the Act to regulate commerce enters into arrangements with any water carrier operating from a port in the United States to a foreign country, through the Panama Canal or otherwise, for the handling of through business between interior points of the United States and such foreign country, the Interstate Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country."

The orders of the Interstate Commerce Commission relating to this section shall only be made upon formal complaint or in proceedings instituted by the commission of its own motion and after full hearing. The orders provided for in the two amendments to the Act to regulate commerce enacted in this section shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the commission made under the provisions of section fifteen of the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten, and they may be conditioned for the payment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order.

SEC. 12. That all laws and treaties relating to the extradiction of persons accused of crime in force in the United States, to the extent that they may not be in conflict with or superseded by any special treaty entered into between the United States and the Republic of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States and Territories of the United States, shall extend to and be

considered in force in the Canal Zone, and for such purposes and such purposes only the Canal Zone shall be considered and treated as an organized Territory of the United States.

SEC. 13. That in time of war in which the United States shall be engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone, and during a continuance of such condition the governor of the Panama Canal shall, in ali respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army.

SEC. 14. That this Act shall be known as, and referred to as, the Panama Canal Act, and the right to alter, amend, or repeal any or all of its provisions or to extend, modify, or annul any rule or regulation made under its authority is expressly reserved.

Approved, August 24, 1912.

[Extract, Public 302, sundry civil act, approved August 24, 1912.]

THE ISTHMIAN CANAL.

To continue the construction of the Isthmian Canal, to be expended under the direction of the President, in accordance with an Act entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific Oceans," approved June twenty-eighth, nineteen hundred and two, and Acts amendatory thereof or supplementary thereto :

First. For salaries of officers and employees of the Isthmian Canal Commis. sion, including assistant purchasing and shipping agents, and all other employees of the United States, $150,000.

Second. For incidental expenses, including rents, cable and telegraph service. supplies, stationery and printing, and actual necessary traveling expenses in the United States (including rent of the Panama Canal building in the District of Columbia, $7,500; textbooks and books of reference. $1,000, and additional compensation to the Auditor for the War Department for extra services in auditing accounts of the Isthmian Canal, $1,000), $50,000.

Third. For pay of members of the commission and officers and employees on the Isthmus, other than skilled and unskilled labor, including civil engineers, superintendents, instrumentmen, transitmen, levelmen, rodmen draftsmen, timekeepers, mechanical and electrical engineers, quartermasters, clerks, accountants, stenographers, storekeepers, messengers, office boys, foremen and subforemen. wagon masters, watchmen, and stewards, including those temporarily detailed for duty away from the Isthmus in the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, and for those employed in connection with the preservation of plans, drawings, and other records, $3,000,000: Provided, That not more than $5,000 of this appropriation shall be paid as compensation to the secretary of the commission.

Fourth. Skilled and unskilled labor on the Isthmus, including engineers, conductors, firemen, brakemen, electricians, teamsters, cranesmen, machinists, blacksmiths, and other artisans and their helpers; janitors, sailors, cooks, waiters, and dairymen, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, $11,000,000.

Fifth. For purchase and delivery of material, supplies, and equipment, including cost of inspecting material and of paying traveling expenses incident thereto, whether on the Isthmus or elsewhere, and such other expenses not in the United States as the commission deems necessary to best promote the construction of the Isthmian Canal, including not exceeding $50,000 for the payment of damages caused to the owners of private lands, or private property of any kind, by reason of the grants contained in the treaty between the United States and the Republic of Panama proclaimed February twenty-sixth, nineteen hundred and four, or by reason of the operations of the United States, its agents or employees, or by reason of the construction, maintenance, operation, sanitation, and protection of the said canal or of the works of sanitation and protection therein provided for, which may be compromised by agreement between

the claimant and the chairman of the commission without the intervention of a joint commission, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, and for a permanent administration building, $12,000,000.

Sixth. For miscellaneous expenditures, cable and telegraph service, stationery and printing, local railway transportation, special trains, including pay-train service; transportation of currency to the Isthmus, recruiting and transporting laborers, transporting employees from the United States, repatriating laborers and employees, actual necessary traveling expenses while on the Isthmus on official business; expenses incidents to conducting hearings and examining estimates for appropriations of the Isthmus, and all other incidental and contingent expenses not otherwise provided for, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, $790,000.

Seventh. For pay of the member of the commission in charge of the department of civil administration, of officers and employees, other than skilled and unskilled labor, including foremen, subforemen, watchmen, messengers, and storekeepers, of the departments of civil administration and law, including those necessarily and temporarily detailed for duty away from the Isthmus, $500,000; Eighth. For skilled and unskilled labor for the department of civil administration, $15,000;

Ninth. For material, supplies, equipment, construction and repairs of buildings, and contingent expenses of the departments of civil administration and law, including not exceeding $500 for law books, $75,000.

Tenth. For pay of the member of the commission in charge, of officers and employees other than skilled and unskilled labor, including hospital dispensers, internes, nurses, attendants, messengers, office boys, foremen and subforemen, watchmen, and stewards, of the department of sanitation on the Isthmus, including those temporarily detailed for duty away from the Isthmus, $700,000.

Eleventh. For skilled and unskilled labor of every grade and kind, for the department of sanitation on the Isthmus, $200,000;

Twelfth. For material, supplies, equipment, construction and repairs of buildings, medical aid and support of the insane, and of indigent persons permanently disabled, while in the line of duty and in the employ of the Isthmian Canal Commission, from earning a livelihood, and contingent expenses of the department of sanitation on the Isthmus, $500,000: Provided, That no part of this appropriation shall be used for or toward the construction of a new quarantine station.

The foregoing sums, so far as necessary, shall be available for necessary dry dock, coaling plant, shops, and other facilities for repairing and supplying vessels and necessary wharves, sheds, and other terminal facilities, and for the consolidation and preservation of the files of papers and other records which have accumulated or may accumulate during the construction of the canal and needed or useful or having a permanent value or historical interest, as may be determined by the chairman of the Isthmian Canal Commission.

In all, $28,980,000, the same to be immediately available and to continue available until expended: Provided, That all expenditures from the appropriations heretofore, herein, and hereafter made for the construction of the Isthmian Canal, including any portion of such appropriations which may be used for the construction of the necessary dry dock, coaling plant, shops, and other facilities for repairing and supplying vessels, and all necessary wharves, sheds, and other terminal facilities, exclusive of fortifications, shall be paid from or reimbursed to the Treasury of the United States out of the proceeds of the sale of bonds authorized in section eight of the said act approved June twenty-eighth, nineteen hundred and two, and section thirty-nine of the tariff act approved August fifth, nineteen hundred and nine.

Except in cases of emergency, or conditions arising subsequent to and unforeseen at the time of the passage of this Act, there shall not be employed at any time during the fiscal year nineteen hundred and thirteen under any of the foregoing appropriations for the Isthmian Canal, any greater number of persons than are specified in the notes submitted respectively in connection with the estimates for each of said appropriations in the annual Book of Estimates for said year, nor shall there be paid to any of such persons during that fiscal year any greater rate of compensation than was authorized to be paid to persons occupying the same or like positions on the first day of July, nineteen hundred and ten, and all employments made or compensation increased because of

emergencies or conditions so arising shall be specifically set forth, with the reasons therefor, by the chairman of the commission in his report for the fiscal year nineteen hundred and thirteen.

In cases of emergencies arising subsequent to and unforeseen at the time of submitting the annual estimates to Congress, ten per centum of the foregoing amounts shall be available interchangeably for expenditure on objects named; but not more than ten per centum shall be added to any one item of the appropriation.

No part of the foregoing appropriations for the Isthmian Canal shall be applied to the payment of allowances for longevity service, or lay-over days other than such as may have accumulated under existing orders of the commission, prior to July first, nineteen hundred and nine.

FORTIFICATIONS, ISTHMIAN CANAL.

For the following for fortifications and armament thereof for the Isthmian Canal, to be immediately available and to continue available until expended, namely:

Surveys: For detailed surveys of the areas on the Canal Zone required for military purposes, including the cost of marking permanently the boundaries of such areas, $50,000;

Causeway: For the construction of a causeway or bridge for use in connection with fortifications, Isthmian Canal, $150,000;

Seacoast batteries: For construction of seacoast batteries on the Canal Zone, $1,000,000, and any balances of the appropriation for the construction of seacoast batteries on the Canal Zone made by the Act of March fourth, nineteen hundred and eleven;

Submarine mine structures: For the construction of mining casemates, cable galleries, torepdo storehouses, cable tanks, and other structures necessary for the operation, preservation, and care of submarine mines and their accessories on the Canal Zone, $220,200;

Field fortifications and camps: For the construction of field fortifications and the preparation of camp sites on the Canal Zone, $200,000;

Armament of fortifications: For the purchase, manufacture, and test of seacoast cannon for coast defense, including their carriages, sights, implements, equipments, and the machinery necessary for the manufacture at the arsenals. to cost ultimately not to exceed $2,324,000, $500,000;

For the purchase, manufacture, and test of ammunition for seacoast cannon, including the necessary experiments in connection therewith, and the machinery necessary for its manufacture at the arsenals, $575,000;

Submarine mines: For the purchase of submarine mines and the necessary appliances to operate them for closing the channels leading to the Isthmian Canal, $111,750;

In all, specifically for fortifications and armament thereof for the Isthmian Canal, $2,806,950.

SEC. 2. All funds collected by the government of the Canal Zone from rentals of public lands and buildings in the Canal Zone and the cities of Panama and Colon, and from the zone postal service, and from court fees and fines, and collected or raised by taxation in whatever form under the laws of the government of the Canal Zone, are hereby appropriated until and including June thirtieth, nineteen hundred and thirteen, as follows: The revenues derived from the postal service to the maintenance of that service; the remaining revenues, including any balances unexpended in prior years, after setting aside a miscellaneous and contingent fund of not exceeding ten thousand dollars, to the maintenance of the public-school system in the zone; to the construction and maintenance of public improvements within the zone; to the maintenance of the administrative districts; to the maintenance of Canal Zone charity patients in the hospitals of the Isthmian Canal Commission, and to the maintenance of administrative district prisoners. A detailed and classified statement of all receipts and expenditures without the duplicaton of items under this paragraph shall be submitted to Congress after the close of the fiscal year nineteen hundred and thirteen.

SEC. 3. All funds realized during the fiscal year nineteen hundred and thirteen by the Isthmian Canal Commission from the performance of services by the commission, or from rentals, or from the sale of materials and supplies under the custody or control of the commission, are appropriated for expenditure under any of the foregoing classified appropriations for the department

of construction and engineering, and a full and separate report in detail of all transactions under this section shall be made to Congress.

That until the close of the fiscal year nineteen hundred and thirteen, when any material, supplies, and equipment heretofore or hereafter purchased or acquired for the construction of the Isthmian Canal is no longer needed, or is no longer serviceable, it may be sold in such manner as the President may direct, and without advertising in such classes of cases as may be authorized by him; and the President is authorized, in his discretion, to sell and convey to the Republic of Panama the building situated in the city of Panama known as "the Administration Building," together with the ground on which the same is located, for a sum of not less than $80,000, and the proceeds of such sale, if made, shall be covered into the Treasury of the United States.

SEC. 4. That hereafter no payments shall be made for maintenance or other charge in connection with the Toro Point Light, Isthmus of Panama, out of moneys of the United States or of the Panama Railroad Company.

SEC. 5. The chairman of the Isthmian Canal Commission is authorized to establish a division of records and, as the requirements of the service permit. to consolidate in the custody thereof the files of papers and other records which have accumulated or which may accumulate during the period of the construction of the Isthmian Canal; and he is directed to carefully preserve, properly index, and arrange for use all papers needed or useful in the transaction of current business or having a permanent value or historical interest; and he is authorized to destroy or otherwise dispose of duplications in the files and other papers which are not needed or useful in the transaction of current business and have no permanent value or historical interest and which have been recommended to him for destruction or other disposition by a committee of three competent persons who have personally examined the papers and in connection with their recommendation have submitted a concise statement of the condition and character thereof.