Elected Nov. 3, 1903, to fill vacancy caused by the resignation of Joseph L. Gill 2 Elected June 1, 1903, to fill vacancy caused by the death of Thomas H. TongueElected Nov. 3, 1903, to fill vacancy caused by the death of Robert H. Foerderer (R.). Elected Nov. 17, 1903, to fill vacancy caused by the resignation of Thomas H. Ball (D.). "Henry Burk (R.), died Dec. 5, 1903.

THE FIFTY-SEVENTH CONGRESS.

PUBLIC ACTS AND RESOLUTIONS OF SECOND SESSION (1902-1903). By the act approved February 11, 1903, entitled "An act to expedite the hearing and determination of suits in equity brought under the act of July 2, 1890, entitled 'An act to protect trade and commerce against unlawful restraints Expediting and monopolies,' 'An act to regulate commerce,' approved Anti-Trust Suits. February 4, 1887, or any other acts having a like purpose that may be hereafter enacted," it is provided that in any suit in equity pending or hereafter brought in any circuit court of the United States under the act entitled "An act to protect trade and commerce against unlawful restraints and monopolies," approved July 2, 1890, "An act to regulate commerce," approved February 4, 1887, or any other acts having a like purpose that hereafter may be enacted, wherein the United States is complainant, the Attorney-General may file with the clerk of such court a certificate that, in his opinion, the case is of general public importance, a copy of which shall be immediately furnished by such clerk to each of the circuit judges of the circuit in which the case is pending. Thereupon such case shall be given precedence over others and in every way expedited, and be assigned for hearing at the earliest practicable day, before not less than three of the circuit judges of said circuit, if there be three or more; and if there be not more than two circuit judges, then before them and such district judge as they may select. In the event the judges sitting in such case shall be divided in opinion, the case shall be certified to the Supreme Court for review in like manner as if taken there by appeal as hereinafter provided.

Section 2 provides that in every suit in equity pending or hereafter brought in any circuit court of the United States under any of said acts, wherein the United States is complainant, including cases submitted but not yet decided, an appeal from. the final decree of the circuit court will lie only to the Supreme Court and must be taken within sixty days from the entry thereof: Provided, That in any case where an appeal may have been taken from the final decree of a circuit court to the circuit court of appeals before this act takes effect the case shall proceed to a final decree therein, and an appeal may be taken from such decree to the Supreme Court in the manner now provided by law.

By an act approved February 19, 1903, entitled "An act to further regulate commerce with foreign nations, and among the States, it is provided that anything done or omitted to be done by a corporation common carrier, subject The Anti- to the act to regulate commerce and the acts amendatory thereof, Rebate Act. which, if done or omitted to be done by any director or officer thereof, or any receiver, trustee, lessee, agent or person acting for or employed by such corporation, would constitute a misdemeanor under said acts or under this act shall also be held to be a misdemeanor committed oy such corporation, and upon conviction thereof it shall be subject to like penalties, except as such penalties are herein changed, The wilful failure upon the part of any carrier to file and publish tariffs or rates and charges, or strictly to observe such tariffs until changed according to law, shall be a misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than $1,000 nor more than $20,000 for each offence; and it shall be unlawful for any person, persons or corporation to offer, grant or give or to solicit, accept or receive any rebate, concession or discrimination in respect of the transportation of any property in interstate or foreign commerce by any common carrier whereby any such property shall be transported at a less rate than that named in the tariffs published and filed by such carrier, or whereby any other advantage is given or discrimination is practised.

Every person or corporation who shall offer or receive any such rebates shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than $1,000 nor more than $20,000. In all convictions occurring after the passage of this act for offences under said acts to regulate commerce, whether committed before or after the passage of this act, or for offences under this section, no penalty shall be imposed on the convicted party other than the fine prescribed by law, imprisonment wherever now prescribed as part of the penalty being hereby abolished. Every violation of this section shall be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation was committed or through which the transportation may have been conducted; and whenever the offence is begun in one jurisdiction and completed in another it may be dealt with, inquired of. tried, determined and punished in either jurisdiction in the same manner as if the offence had been actually and wholly committed therein.

In construing the provisions of this section the act, ommission or failure of any

officer, agent or other person acting for or employed by any common carrier acting within the scope of his employment shall in every case be also deemed to be the act, omission or failure of such carrier as well as that of the person. Whenever any carrier files with the Interstate Commerce Commission or publishes a particular rate, or participates in any rates so filed or published, that rate as against such carrier, its officers or agents in any prosecution begun under this act shall be conclusively deemed to be the legal rate, and any departure from such rate, or any offer to depart therefrom, shall be deemed to be an offence under this section of this act.

Sections 2 and 3 provide that in any proceeding for the enforcement of the provisions of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commission or be begun originally in any circuit court of the United States, it shall be lawful to include as Larties, in addition to the carrier, all persons interested in or affected by the rate, regulation or practice under consideration, and inquiries, investigations, orders and decrees may be made with reference to and against such additional parties in the same manner, to the same extent, and subject to the same provisions as are or shall be authorized by law with respect to carriers. Whenever the Interstate Commerce Commission shall have reasonable ground for belief that any common carrier is engaged in the carriage of passengers or freight traffic between given points at less than the published rates on file, or is committing any discriminations forbidden by law, a petition may be presented alleging such facts to the circuit court of the United States sitting in equity having jurisdiction; and when the act complained of is alleged to have been committed or as being committed in part in more than one judicial district or State, it may be dealt with, inquired of, tried and determined in either such judicial district or State, whereupon it shall be the duty of the court summarily to inquire into the circumstances, upon such notice and in such manner as the court shall direct and without the formal pleadings and proceedings applicable to ordinary suits in equity, and to make such other persons or corporations parties thereto as the court may deem necessary, and upon being satisfied of the truth of the allegations of said petition said court shall enforce an observance of the published tariffs or direct and require a discontinuance of such discrimination by proper orders, writs and process, which said orders, writs and process may be enforceable as well against the parties interested in the traffic as against the carrier, subject to the right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States, whenever the Attorney General shall direct, either of his own motion or upon the request of the Interstate Commerce Commission, to institute and prosecute such proceedings, and the proceedings provided for by this act shall not preclude the bringing of suit for the recovery of damages by any party injured, or any other action provided by said act approved February 4, 1887, entitled "An act to regulate commerce and the acts amendatory thereof. And in proceedings under this act and the acts to regulate commerce the said courts shall have the power to compel the attendance of witnesses, both upon the part of the carrier and the shipper, who shall be required to answer on all subjects relating to the matter in controversy, and to compel the production of all books and papers, both of the carrier and the shipper, which relate to such transaction; the claim that such testimony or evidence may tend to criminate the person giving such evidence shall not excuse, such person from testifying or such corporation producing its books and papers, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify o produce evidence documentary or other-wise in such proceeding: Provided, That the provisions of an act entitled "An act to expedite the hearing and determination of suits in equity pending or hereafter brought under the act of July 2, 1890, entitled 'An act to protect trade and commerce against unlawful restraints and monopolies,' 'An act to regulate commerce,' approved February 4, 1887, or any other acts having a like purpose that may be hereafter enacted, approved February 11, 1903, shall apply to any case prosecuted under the direction of the Attorney General in the name of the Interstate Commerce Commission. By section 6 of the act approved February 14, 1903, "to establish the Department of Commerce and Labor," a Bureau of Corporations and a Commissioner of Corporations are created. Said Commissioner of Corporations is Federal Supervision authorized to make, under the direction and control of the of Corporations. Secretary of Commerce and Labor, 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 subject to "an act to regulate commerce," approveu February 4, 1887, and to gather such information and data as will enable the Fresident 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 therecf as the President may direct shall be made public. Said Commissioner shall have and exercise the same power and authority in respect to corporations, joint stock companies and comoinations subject to the provisions hereof, as is conferred on the Interstate Commerce Commission in said "act to regulate commerce" and the amendments thereto in espet to common carriers so far as the same may be applicable, 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 11, 1893, supplemental to said "act to regulate commerce," shall also apply to all persons who may be subpoenaed to testify as witnesses or to produce documentary

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evidence in pursuance of the authority conferred by this section. It shall also be the province and duty of said bureau, under the direction of the Secretary of Commerce and Labor, 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 any foreign country, including corporations engaged in insurance.

By the act approved February 14, 1903, entitled "An act to establish the Departinent of Commerce and Labor," a ninth Executive Department is created. The head of the department, the Secretary of Commerce and Labor, Department of Com- is to have a seat in the Cabinet, to receive an annual merce and Labor. salary of $8,000, and to have the same general powers as other heads of departments. An Assistant Secretary is to be appointed at a salary of $5,000. It is declared to be the province 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." To the jurisdiction of the new Department are transferred the Department of Labor and the Fish Commission, the Census Office, hitherto under the Secretary of the Interior; the Bureau of Foreign Commerce, from the State Department, and these bureaus and branches from the Treasury Department: The Lighthouse Board, the lighthouse establishment, the steamboat inspection service, the Bureau of Navigation, the United States shipping commissioners, the National Bureau of Standards, the Coast and Geodetic Survey, the Bureau of Immigration, the immigration service at large, and the Bureau of Statistics. A Bureau of Manufactures is created, with a chief at a salary of $4,000; also a Bureau of Corporations (see under preceding title), with a Commissioner at a salary of $5,000. Jurisdiction hitherto exercised by the Treasury Department over the fur seal, salmon and other Alaskan fisheries is transferred to the Department of Commerce and Labor, and provision is made for the absorption of such other government bureaus engaged in scientific or statistical work as the President may think best to transfer to the new Department. This Department went into full fledged operation on July 1, 1903.

An act approved March 3, 1903, entitled "An act to regulate the immigration of aliens into the United States,' provides that there shall be levied a duty of two dollars for every passenger not a citizen of the United States, or of Regulating the Dominion of Canada, the Republic of Cuba, or of the RepubImmigration. lic of Mexico, who shall come by vessel from any foreign port to any pcrt within the United States, or by any railway or any other mode of transportation, from foreign contiguous territory to the United States. The money thus collected shall be paid into the United States Treasury and shall constitute a permanent appropriation to be called the "immigrant fund," to be used under the direction of the Secretary of the Treasury to defray the expense of regulating the immigration of aliens into the United States. Section 2 declares that the following classes of aliens shall be excluded from admission into the United States: All idiots, insane persons, epileptics, and persons who have been insane within five years previous; persons who have had two or more attacks of insanity at any time previously; paupers; persons likely to become a public charge; professional beggars; persons afflicted with a loathsome or with a dangerous contagious disease; persons who have been convicted of a felony or other crime or misdemeanor involving moral turpitude; polygamists, anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States or of all government or of all forms of law, or the assassination of public officials; prostitutes, and persons who procure or attempt to bring in prostitutes or women for the purpose of prostitution; those who have been, within one year from the date of the application for admission to the United States, deported as being under offers, solicitations, promises or agreements to perform labor or service of some kind therein; and also any person whose ticket of passage is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes; but this section shall not be held to prevent persons living in the United States from sending for a relative or friend who is not of the foregoing excluded classes: Provided, That nothing in this act shall exclude persons convicted of an offence purely political, not involving moral turpitude: And provided further, That skilled labor may be imported, if labor of like kind unemployed cannot be found in this country: And provided further, That the provisions of this law applicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed strictly as personal or domestic servants.

Section 3 forbids the importation into the United States of any woman or girl for the purposes of prostitution; and whoever shall import or attempt to import any woman or girl into the United States for the purposes of prostitution, or shall hold or attempt to hold any woman or girl for such purposes in pursuance of such illegal importation shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned not less than one nor more than five years and pay a fine not exceeding $5,000.

Sections 4 to 9 provide that it shall be unlawful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation or in any way to assist or encourage the importation or migration of any alien into the United States, in pursuance of any offer, solicitation, promise, or agreement, parole or special, expressed or implied, made previous to the importation of such alien to perform labor or service of any kind, skilled or unskilled, in the United States. For every violation of said provision the person, partnership, company, or corporation