and bring them into the most accessible port of the Territory or of any of the States mentioned in the eighth section of this Act for trial. SEC. 10. That any vessel or person described in the first section of this Act offending or being about to offend against the prohibitions of the said convention, or of this Act, or of the regulations made thereunder, may be seized and detained by the naval or other duly commissioned officers of any of the parties to the said convention other than the United States, except within the territorial jurisdiction of one of the other of said parties, on condition, however, that when such vessel or person is so seized and detained by officers of any party other than the United States such vessel or person shall be delivered as soon as practicable at the nearest point to the place of seizure, with the witnesses and proofs necessary to establish the offense so far as they are under the control of such party, to the proper official of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for the same: Provided, however, That the said officers of any party to said convention other than the United States shall arrest and detain vessels and persons, as in this section specified, only after such party, by appropriate legislation or otherwise, shall have authorized the naval or other officers of the United States duly commissioned and instructed by the President to that end to arrest, detain, and deliver to the proper officers of such party vessels and subjects under the jurisdiction of that Government offending against said convention or any statute or regulation made by that Government to enforce said. convention. The President of the United States shall determine by proclamation when such authority has been given by the other parties to said convention, and his determination shall be conclusive upon the question; and such proclamation may be modified, amended, or revoked by proclamation of the President whenever, in his judgment, it is deemed expedient. SEC. 11. That from and after the approval of this Act all killing of fur seals on the Pribilof Islands, or anywhere within the jurisdiction of the United States in Alaska, shall be suspended for a period of five years, and shall be, and is hereby, declared to be unlawful; and all punishments and penalties heretofore enacted for the illegal killing of fur seals shall be applicable and inflicted upon offenders under this section: Provided, That this prohibition shall not apply to the annual killing on the Pribilof Islands of such male seals as are needed to supply food, clothing, and boat skins for the natives on the islands, as is provided for in article eleven of said convention; the skins of all seals so used for food shall be preserved and annually sold by the Government, and proceeds of such annual sales shall be covered into the Treasury of the United States: Provided further, That at the expiration of the said five years' suspension of all commercial killing as above provided, said killing may be resumed under authority of the Secretary of Commerce and Labor: Provided, however, That the number of three-year-old males selected from among the finest and most perfect seals of that age found on the hauling grounds, to be reserved for breeding purposes, in each year ending August first, shall not be fewer than the following: In nineteen hundred and seventeen, and in each year thereafter until nineteen hundred and twenty-six, inclusive, five thousand. The Secretary of Commerce and Labor, or his authorized agents, shall have authority to receive on behalf of the United States any and all fur-seal skins taken as provided in the thirteenth and fourteenth articles of said convention and tendered for delivery by the Governments of Japan and Great Britain in accordance with the terms of said articles; and all skins which are or shall become the property of the United States from any source whatsoever shall be sold by the Secretary of Commerce and Labor in such market, at such times, and in such manner as he may deem most advantageous; and the proceeds of such sale or sales shall be paid into the Treasury of the United States. The Secretary of Commerce and Labor shall likewise have authority to deliver to the authorized agents of the Canadian Government and the Japanese Government the skins to which they are entitled under the provisions of the tenth article of said convention; to pay to Great Britain and Japan such sums as they are entitled to receive, respectively, under the provisions of the eleventh article of said convention; to retain such skins as the United States may be entitled to retain under the provisions of the eleventh article of said convention; and to do or perform, or cause to be done or performed, any and every act which the United States is authorized or obliged to do or perform by the provisions of the tenth, eleventh, thirteenth, and fourteenth articles of said convention; and to enable the Secretary of Commerce and Labor to carry out the provisions of the said eleventh article there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of four hundred thousand dollars. SEC. 12. That the term "pelagic sealing" where used in this Act shall be taken to mean the killing, capturing, or pursuing in any manner whatsoever of fur seals while the same are in the water. The word "person" where used in this Act shall extend and be applied to partnerships and corporations. SEC. 13. That this Act shall take effect immediately, and shall continue in force until the termination of the said convention. PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES OF AMERICA PRESCRIBING PANAMA CANAL TOLL RATES No. 1225. November 13, 1912 I, WILLIAM HOWARD TAFT, President of the United States of America, by virtue of the power and authority vested in me by the Act of Congress, approved August twenty-fourth, nineteen hundred and twelve, to provide for the opening, maintenance, protection and operation of the Panama Canal and the sanitation and government of the Canal Zone, do hereby prescribe and proclaim the following rates of toll to be paid by vessels using the Panama Canal: 1. On merchant vessels carrying passengers or cargo one dollar and twenty cents ($1.20) per net vessel ton - each one hundred (100) cubic feet of actual earning capacity. 2. On vessels in ballast without passengers or cargo forty (40) per cent less than the rate of tolls for vessels with passengers or cargo. 3. Upon naval vessels, other than transports, colliers, hospital ships and supply ships, fifty (50) cents per displacement ton. 4. Upon army and navy transports, colliers, hospital ships and supply ships one dollar and twenty cents ($1.20) per net ton, the vessels to be measured by the same rules as are employed in determining the net tonnage of merchant vessels. The Secretary of War will prepare and prescribe such rules for the measurement of vessels and such regulations as may be necessary and proper to carry this proclamation into full force and effect. In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. [SEAL.] DONE at the City of Washington this thirteenth day of By the President: P. C. KNOX, Secretary of State. OFFICIAL DOCUMENTS PROJECT DRAFTED BY THE INSTITUTE OF INTERNATIONAL LAW FOR THE REGULATION OF AEROSTATS AND WIRELESS TELEGRAPHY (Session at Ghent, September 24, 1906) Preliminary Provisions 1 Art. 1. The air is free. States have no authority over it, in time of peace or in time of war, other than that which is necessary for their own preservation. Art. 2. In the absence of special provisions, the rules which apply to ordinary telegraphic correspondence apply to wireless telegraphic correspondence. FIRST PART In Time of Peace Art. 3. Every state has the power, in so far as it is necessary for its safety, to forbid the passage of Hertzian waves over its territory and its territorial waters, and to such height as may be advisable, whether these waves proceed from a government or a private apparatus placed on land, on board a vessel or in a balloon. Art. 4. When correspondence by wireless telegraph is forbidden, the government must immediately inform the other governments of such prohibition. SECOND PART In Time of War Art. 5. The rules in effect for times of peace apply, in principle, to times of war. Art. 6. Belligerents may prevent the sending of waves, even by a neutral subject, on the high seas, in the zone which corresponds to the sphere of action of their military operations. 1 Translated from Annuaire de l'Institut de Droit International, 1906, p. 327. |