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to determine whether an alien who has been duly held shall be allowed to land or shall be deported. All hearings before boards shall be separate and apart from the public, but the said boards shall keep a complete permanent record of their proceedings and of all such testimony as may be produced before them; and the decision of any two members of a board shall prevail, but either the alien or any dissenting member of the said board may appeal through the Commissioner of Immigration at the port of arrival, and the Commissioner-General of Immigration to the Secretary of Commerce and Labor, and the taking of such appeal shall operate to stay any action in regard to the final disposal of any alien whose case is so appealed until the receipt by the Commissioner of immigration at the port of arrival of such decision which shall be rendered solely upon the evidence adduced before the board of special inquiry: Provided, That in every case where an alien is excluded fr admission into the United States, under any law or treaty now sting. or hereafter made, the decision of the appropriate immigration officers, if adverse to the admission of such alien, shall be final, unless reversed on appeal to the Secretary of Commerce and Labor; but nothing in this section shall be construed to admit of any appeal in the case of an alien rejected as provided for in Section 10 of this Act.”.
Any alien liable to be excluded because likely to become a public charge, or because of physical disability. may, nevertheless, be admiited in the discretion of the Secretary of Commerce and Labor on giving a suitable bond that he or she will not become a public charge.
The Commissioner-General of Immigration shall prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico.
JOINT COMMISSION ON IMMIGRATION CREATED. Section 39 provides that “a commission is hereby created, consisting of three Senators, to be appointed by the President of the Senate, and three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, and three persons, to be appointed by the President of the United States. Said coinmission shall make full inquiry, examination and investigation by sub-conimittee or otherwise into the subject of immigration. For the purpose of said inquiry, examination and investigation, said commission is authorized to send for persons and papers, make all necessary travel, either in the United States or any foreign country, and, through the chairman of the commission or any member thereof to administer oaths and to examine witnesses and papers respecting all matters pertaining to the subject, and to employ necessary clerical and other assistance, Sald commission shall report to the Congress the conclusions reached by it and make such recommendations as in its judgment may seem proper.
Such sums of money as may be necessary for the said inquiry, examination and investigation are hereby appropriated and authorized to be paid out of the immigration fund' on the certificate of the chairman of said commission, including all expenses of the commissioners and a reasonable compensation, to be fixed by the President of the United States, for those members of the commission who are not members of Congress; and the President of the United States is also authorized, in the name of the Government of the United States, to call, in his discretion, an international conference, to assemble at such point as may be agreed upon, or to send special commissioners to any foreign country, for the purpose of regulating by international agreement, subject to the advice and consent of the Senate of the United States, the immigration of'allens to the United States; of providing for the mental, moral and physioal examination of such aliens by American consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foreign governments in their own territories to prevent the evasion of the laws of the United States governing immigration to the United States; of entering into such international agreements as may be proper to prevent the immigration of alieng who, under the laws of the United States, are or may be excluded from entering the United States, and of regulating any matters pertaining to such inimigration."
INFORMATION FOR IMMIGRANTS. By Section 40 "authority is hereby given the Commissioner-General of Immigration to establish, under the direction and control of the Secretary of Commerce and Labor, a division of information in the Bureau of Immigration and Naturalization; and the Secretary of Commerce and Labor shall provide such clerical assistance as may be necessary. shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and Territories degiring immigration. Correspondence shall be had with the proper officials of the States and Territories, and said division shall gather from all available sources useful information regarding the resources, products, and physical characteristics of each State and Territory, and shall publish such information in different languages and distribute the publications among all admitted aliens who may ask for such information at the immigrant stations of the United States, and to such other persons as may desire the same. When any State or Territory appoints and maintains an agent or agents to represent it at any of the immigrant stations of the United States, such agents shall, under regulations prescribed by the Commissioner-General of Immigration, subject to the approval of the Secretary of Commerce and Labor. have access to aliens who have been admitted to the United States for the purpose of presenting, either orally or in writing. the special inducements offered by such State or Territory to alleng to settle therein. While on duty at any immigrant station such agents shall be subject to all the regulations prescribed by the Commissioner-General of Immigration, who, with the approval of the Secretary of Commerce and Labor, may, for violation of any such regulations, deny to the agent guilty of such violation any of the privileges herein granted.'
Nothing in this Act shall be construed to apply to accredited officials of foreign governments, nor to their suites, families or guests.
Section 42 provides for the proper accommodation of immigrant passengers In vessels, carrying them to the United States. These regulations are quite minute and rigid.
The Act took effect July 1, 1907.
The National Pure Food Law. The Pure Food Act, approved June 30, 1906, is entitled “An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines and liquors, and for regulating traffic therein, and for other purposes.' It took effeat by its terms on January 1, 1907.
*Under Section 3 of the Act the secretaries of the Departments of the Treasury, Agriculture, and Commerce and Labor are required to make uniform rules for carrying put the provision of the Act. The administration of the law has therefore been placed under the charge of a Commission appointed by these three departments. The Treasury Department is represented by James L. Gerry, the Department of Agriculture by Dr. Harvey W. Wiley, and the Department of Commerce and Labor by S. N. D. North. Director of the Census. Dr. Wiley is chairman. The Commission met and organized in the City of New York September 17, 1906, and proceeded to prepare rules and regulations for carrying * out the provisions of the Act.
The first section of the Act makes it unlawful for any person to manufacture within the District of Columbia or any Territory, any article of food or drug which is adulterated or misbranded, under a penalty not to exceed $500, or one year's imprisonment, or both, at the discretion of the court for the first offence, and not to exceed $1,000 and one year's imprisonment, or both, for each subsequent offence.
Section 2 of the Act makes it applicable to food or drugs introduced into any State from any other state, and from or to any foreign country.
The sections descriptive of the articles which come within the scope of the Act are as follows:
“Sec, 6. The term 'drug,' as used in this Act, shall include all medicines and preparations, recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either man or other animals. The term 'food, as used nerein, shall includ al articles used for food, drink, confectionery or condimen by man or other animals, whether simple, mixed or compound.
**Sec. 7. For the purposes of this Act an article shall be deemed to be adulterated:" In case of drugs:
*First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision of the standard of strength, quality or purity be plainly stated upon the bottle, box or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary.
"Second If this strength or purity fall below the professed standard or quality under which it is sold."
In the case of confectionery:
“If it contain terra alba, barytos, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug."
In the case of food:
"First. If any substance has been mixed and packed with it so as to reduce, or lower, or injuriously affect its juality or strength.
“Second. If any substance has been substituted wholly or in part for the article. “Third. If any valuable constituent of the article has been wholly or in part extracted.
"Fourth. If it be mixed. colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.
"Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided. That when in the proparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservatives shall be printed on the covering of the package, the provisions of this Act shall be construed as applying only when said products are ready for consumption.
*Sixth. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.
*Sec. 8. The term 'misbranded.' used herein, shall apply to all drugs, or articles, or food. or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced.
**That for the purposes of this Act, an article shall also be deemed to be misbranded." In case of drugs: "First. If it be an imitation of or offered for sale under the name of another article.
"Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein."
In case of food:
"First. If it be an imitation of or offered for sale under the distinctive name of another article.
"Second. If it be labelled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put THE NATIONAL PURE FOOD LAW-Continued.
up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substance contained therein.
**Third. If in package form, and the contents are stated in terms of weight or measure, they are not plainly or correctly stated on the outside of the package.
"Fourth. If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false or misleading, in any particular: Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:
"First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a staternent of the place where said article has been manufactured or produced.
**Second. In the case of articles labelled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends, and the word "compound, 'imitation' or blend,' as the case may be, is plainly stated on the package in which it is offered for sale: Provided, That the term blend as used herein shall be construed to mean a mixture of like substances, not excluding harn.less coloring or flavoring ingredients used for the purpose of coloring and flavoring only: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding.
**Sec. 9. No dealer shall be prosecuted under the provisions of this Act, when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it.”.
The remaining provisions of the Act provide the methods of prosecuting offenders and destroying goods imported or offered for import which are adulterated or falsely labelled.
The National Meat Inspection Law. IN the Act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1907, approved June 30, 1900 (confirmed by Act of March 4, 1907), appear the following provisions regulating the inspection of meat foods either in the hoof or carcass or in canning and packing establishments:
“For the purpose of preventing the use in Interstate or foreign commerce, as hereinafter provided, of meat and meat food products which are unsound, unhealthful, unwholesome or otherwise unfit for human food, the Secretary of Agriculture, at his discretion, may cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, and goats, before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishments in which they are to be slaughtered, and the meat and meat food products thereof are to be used in interstate or foreign commerce; and all cattle, swine, sheep, and goats found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, or goats, and when so slaughtered the carcasses of said cattle, sheep, swine, or goats, shall be subject to a careful examination and inspection, all as provided by the rules and regulations to be prescribed by the Secretary of Agriculture as herein provided for.
"For the purpose hereinbefore set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose, as hereinafter provided, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep. swine, and goats to be prepared for human consumption at any slaughtering, meat-canning, salt. ing, packing, rendering, or similar establishment in any state, Territory, or the District of Columbia for transportation or sale as articles of interstate or foreign commerce; and the carcasses and parts thereof of all such animals found to be sound, healthful, wholesome, and fit for human food, shall be marked, stamped, tagged, or labelled as 'inspected and passed;' and said inspectors shall label, mark, stamp, or tag as 'inspected and condemned' all carcasses and parts thereof of animals found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food; and all carcasses or parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of an inspector, and the Secretary of Agriculture may remove inspectors from any, such establishment which fails to so destroy any such condemned carcass or part thereof, and said Inspectors, after said first inspection shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become unsound, unhealthful, unwholesome, or in any way unfit for human food, and if any carcass or any part thereof shall. upon examination and inspection subsequent to the first examination and inspection, be found to be unsound. unhealthful, unwholesome, or otherwise unfit for human food, it shall be destroyed for food purposes by the said establishment in the presence of an Inspector, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.
"'The foregoing provisions shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, and goats, or the meat or meat products thereof which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment, and such examination and inspection shall be had before the said carcasses or parts thereot shall be allowed to enter into any department wherein the same are to be treated and preTHE NATIONAL MEAT INSPECTION LAW.-Continued.
pared for meat food products; and the foregoing provisions shall also apply to all such products which, after having been issued from any slaughtering, meat-canning, salting. packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.
“For the purposes hereinbefore set forth the Secretary of Agriculture shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products prepared for interstate or foreign commerce in any slaughtering, meat-canning, salting, packing. rendering, or similar establishment, and for the purposes of any examination and inspection said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment, and said inspectors shall mark, stamp, tag, or label as 'inspected and passed' all such products found to be sound, healthful, and wholesome, and which contain no dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound. unhealthful, unwholesome, or unfit for human food, and said inspectors shall label, mark, stamp. or tag as 'inspected and condemned' all such products found unsound. unhealthful, and unwholesome, or which contain dyes, chemicals, preservatives, or ingredients which render such meat or meat food products unsound, unhealthful, unwholesome, or unfit for human food, and all such condemned meat food products shall be destroyed for food purposes, as hereinbefore provided, and the Secretary of Agriculture may remove inspectors from any establishment which fails to so destroy such condemned meat food product.”
Other sections of the law provide for the sanitary examination of slaughtering, packing, and canning establishments, and the labelling of all such inspected articles of food.
The provisions of this Act requiring inspection to be made by the Secretary of Agriculture shall not apply to animals slaughtered by any farmer on the farm and sold and transported as interstate or foreign commerce, nor to retail butchers and retail dealers in meat and meat food products, supplying their customers: Provided, That if any person shall sell or offer for sale or transportation for interstate or foreign commerce any meat or meat food oducts which are diseased, unsound. unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption. he shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $1.000 or by imprisonment for a period of not exceeding one year, or by both such fine and imprisonment.
The Sixteen-Hour art.
Chapter 2939 of the Acts of the Fifty-ninth Congress, second session, “An Act to promote the safety of employees and travellers upon railroads by limiting the hours of service of employees therein,” approved March 4, 1907, provides that:
It shall be unlawful for any common carrier, its officers or agents, subject to this Act, to require or permit any employee subject to this Act to he or remain on duty for a longer period than sixteen consecutive hours, and whenever any such employee of such common carrier shall have been continuously on duty for sixteen hours, he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty sixteen hours in the aggregate in any twenty-four-hour period shall be required, or permitted to continue, or again go on duty without having rad at least eight consecutive hours off duty: Provided, That no operator, train dispatcher, or other employee who, by the use of the telegraph or telephone dispatches, reports, transmits. receives. or delivers orders pertaining to or affecting train movements, shall be required or permitted to be or remain on duty for a longer period than nine hours in any twenty-four-hour period in all towers, offices, places, and stations continuously operated night and day, nor for a longer period than thirteen hours in all towers, offices. places, and stations operated only during the daytime, except in case of emergency, when the employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty-four-hour period on not exceeding three days in any week: Provided further, The Interstate Commerce Commission may. after full hearing in a particular case and for good cause shown. extend the period within which a common carrier shall comply with the provisions of this proviso as to such case.
Any such common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be, or remain on duty in violation of the second section hereof, shall be liable to a penalty of not to exceed $500 for each and every violation, to be recovered in a suit or suits to be brought by the United States District Attorney in the District Court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district-attorney to bring such suits upon satisfactory information being lodged with him; but no such suit shall be brought after the expiration of one year from the date of such violation; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district-attorneys information of any such violations as may come to its knowledge. In all prosecutions under this Act the common carrier shall be deemed to have had knowledge of all acts of all its officers and agents: Provided. That the provisions of this Act shall not apply in any case of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of such employee at the time said employee left a terminal, and which could not have been foreseen: Provided further, That the provisions of this Act shall not apply to the crews of wrecking or relief trains.
It is made the duty of the Interstate Commerce Commission to execute and enforce the provisions of this Act.
Interstate Commerce Law. The following is a synopsis of the provisions of the Interstate Commerce law and acts amendatory thereof, prepared for the Official Congressional Directory:
Under“ An Act to Regulato Commerce," approved February 4, 1887; as amended March 2, 1889; February 10, 1891; February 8, 1895;
the “Elkins Act" of Fobrunry 19, 1903, and the amending act apa proved June 29, 1906, the Interstate Commerce Commission is composed of seven members, eaca receising a salary of $10,000 per annum. The regulating statutes apply to all common carriers engaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines, or partly by pipe line and partly by rail, or partiy by pipe line and partly by water, and to common carriers engaged in the transportation of passengers or property wholly by railroad (or partly by railroad and partly by water when both are used under a cominon control, management, or arrangement for a continuous carriage or shipment). The statutes apply generally to interstate traffic, including import and domestic traffic, and also that which is carried wholly within any Territory of the United States. Only traffic transported wholly within a single State is excepted.
The Commission has jurisdiction on complaint, and, after full hearing, to determine and prescribe reasonable rates, regulations, and practices, and order reparation to injured shippers; to require any carriers to cease and desist from unjust discrimination, or undue or unreasonable preference, and to institute and carry on proceedings for enforcement of the law. The Commissiou may also inquire into the management of the business of all common carriers subject to the provisions of the regulating statutes, and it may prescribe the accounts, records, and memoranda which shall be kept by the carriers, and from time to time inspect the same. The carriers must filo annual reports with the Commission, and such other reports as may from time to time be required. Various other powers are conferred upon the Commission. Carriers failing to tile and publish all rates and charges, as required by law, are prohibited from engaging in interstate transportation, and penalties are provided in the statute for failure on the part of carriers or of shippers to observe the rates specified in the published tariffs,
The Commission also appoints a Secretary and clerks, whose duties are not specifically defined by the act.
The act of February 11, 1903, provides that suits in equity brought under the act to regulate commeroe, wherein the United States is complainant, may be expedited and given precedence over other suits, and that appeals from the Circuit Court lie only to the Supreme Court. The act of February 19, 1903, commonly called the Elkins Law, penalizes the offering, soliciting, or receiving of rebates, allows proceedings in the courts by injunction to restrain departures from published rates, and makes the Expediting Act of February 11, 1903, include cases prosecuted under the direction of the AttorneyGeneral in the name of the Commission.
Under the act of August 7, 1888, all railroad and telegraph companies to which the United States have granted any subsidy in lands or bonds or loan of credit for the construction of either railroad or telegraphi lines are required to file annual reports with the Commission and such other reports as the Commission may call for. The act also directs overy such company to file with the Commission copies of all contracts and agreements of every description existing between it and every other person or corporation whatsover in reference to the ownership, possession, or operation of any telegraph lines orer or upon the right of way, and to decide questions relating to the interchange of business between such government-aided telegraph company and any connecting telegraph co:pany: The act provides penalties for failuro to purform and carry out within a reasonable time the order or orders of the Commission,
The act of March 2, 1893, knewn as the "Safety Appliance Act,” provides that within specified periods railroad cars used in interstate commerce must be equipped
with automatic couplers and standard height of drawbars for freight cars, and have grab irons or hand holds in the ends and sides of each car. A further provision is that locomotive engines used in moving interstate traffic shall be fitted with a power driving-wheel brake and appliances for operating the train-brake system, and a sufficient number of cars in the train shall be equipped with power or train brakes. The act directs the Commission to lodge with the proper District-Attorneys information of such violations as may come to its knowledge, The Commission is authorized to, from time to time, upon full hearing and for good cause, extend the period within which any common carrior shall comply with the provisions of the statute. The act of March 2, 1903, amended this act so as to make its provisions apply to Territories and the District of Columbia to all cases when couplers of whatever design are brought together, and to all locomotives, cars, and other equipment of any railrond engaged in interstate traffic, except logging cars and cars used upon street railways, and also to power or train brakes used in railway operation.
The act of June 1, 1898, concerning carriers engaged in inte tate commerce and their employés, known as the "Arbitration Act," directs the Chairman of the Interstate Commerce Commission and the Commissioner of Labor to use their best efforts, by mediation and conciliation, to settle controVersies between railway companies and their employés. Every agreement of arbitration made under the act must be forwarded to the Chairman of the Interstate Commerce Commission, who shall file the same in the office of that Commission. When the agreement of arbitration is signed by employés individually instead of a labor organization, the act provides, if various specitied conditions have been complied with, that the Chairman of the Commission shall, by notice in writing, tix a time and place for the meeting of the Board of Arbitrators. If the two arbitrators chosen by the parties fail to select a third within five days after the first meeting, the third arbitrator shall be named by the Chairman of the Interstate Commerce Commission and the Commissioner of Labor.
The act of March 3, 1901, "requiring common carriers engaged in interstate commerce to make reports of all accidents to the Interstate Commerce Commission,' makes it the duty of such carrier to monthly report, under oath, all collisions and derailments of its trains and accidents to its passengers, and to its employés while on duty in its service, and to stnte the nature and causes thereof. The act prescribes that a fine shall be imposed against any such carrier failing to make the report so required.