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Proviso.

Hearings,

lations which shall permit and govern the inspection, disinfection, certification, and method and manner of delivery and shipment of the class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the notice of quarantine hereinbefore provided, and regardless of the use for which the same is intended, from a quarantined State or Territory or District of the United States, or quarantined portion thereof, into or through any other State or Territory or District; and the Secretary of Agriculture shall give notice of such rules and regulations as hereinbefore provided in this section for the notice of the establishment of quarantine: Provided, etc. That before the Secretary of Agriculture shall promulgate his determination that it is necessary to quarantine any State, Territory, or District of the United States, or portion thereof, under the authority given in this section, he shall, after due notice to interested parties, give a public hearing under such rules and regulations as he shall prescribe, at which hearing any interested party may appear and be heard, either in person or by attorney. SEC. 9. That the Secretary of Agriculture shall make Secretary of and promulgate such rules and regulations as may be necessary for carrying out the purposes of this Act.

Duty of

Agriculture.

Punishment

Proviso.

Common carriers.

SEC. 10. That any person who shall violate any of the for violations. provisions of this Act, or who shall forge, counterfeit, alter, deface, or destroy any certificate provided for in this Act or in the regulations of the Secretary of Agriculture, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or both such fine and imprisonment, in the discretion of the court: Provided, That no common carrier shall be deemed to have violated the provisions of any of the foregoing sections of this Act on proof that such carrier did not knowingly receive for transportation or transport nursery stock or other plants or plant products as such from one State, Territory, or District of the United States into or through any other State, Territory, or District; and it shall be the duty of the United States attorneys diligently to prosecute any violations of this Act which are brought to their attention by the Secretary of Agriculture or which come to their notice by other means.

Prosecutions.

etc.

"Persons

liable for acts

SEC. 11. That the word "person" as used in this Act to include shall be construed to import both the plural and the Corporations, singular, as the case demands, and shall include corpora- Corporations, companies, societies, and associations. When con- tions, etc., struing and enforcing the provisions of this Act, the act, of agents. omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the

Federal Horticultural Board established.

act, omission, or failure of such corporation, company, society, or association as well as that of the person.

SEC. 12. That for the purpose of carrying out the provisions of this Act there shall be appointed by the SecreComposition. tary of Agriculture from existing bureaus and offices in the Department of Agriculture, including the Bureau of Entomology, the Bureau of Plant Industry, and the Forest Service, a Federal Horticultural Board consisting of five members, of whom not more than two shall be appointed from any one bureau or office, and who shall serve without additional compensation.

Appropria

tion.

In effect October 1, 1912.

SEC. 13. That there is hereby appropriated, out of the moneys in the Treasury not otherwise appropriated, to be expended as the Secretary of Agriculture may direct, for the purposes and objects of this Act, the sum of twentyfive thousand dollars.

SEC. 14. That this Act shall become and be effective from and after the first day of October, nineteen hundred and twelve, except as herein otherwise provided.

Aug. 23, 1912.

CHAP. 350.-An Act Making appropriations for the legislative, [H. R. 26371.] executive, and judicial expenses of the Government for the fiscal [Public, No. year ending June thirtieth, nineteen hundred and thirteen, and 299.] for other purposes.

37 Stat. L.. pt. 1, p. 360.

executive, and

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemLegislative, bled, That the following sums be, and the same are herejudicial appro- by, appropriated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and thirteen, for the objects hereinafter expressed, namely:

priations.

LEGISLATIVE.

Pay of Members,

HOUSE OF REPRESENTATIVES.

For compensation of Members of the House of RepreDelegates, and sentatives, Delegates from Territories, the Resident ComResident Commissioner from Porto Rico, and the Resident Commismissioners. sioners from the Philippine Islands, $3,099,500.

Mileage.

Clerk hire, Members and Delegates.

For mileage of Representatives and Delegates, and expenses of Resident Commissioners, $154,000.

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CLERK HIRE, MEMBERS AND DELEGATES: To pay each Member, Delegate, and Resident Commissioner, for clerk hire, necessarily employed by him in the discharge of his official and representative duties, $1,500 per annum, in monthly installments, $618,975, or so much thereof as

R. S., sec. 31, p. 6.

Proviso.

To be placed on roll of em

may be necessary; and Representatives and Delegates elect to Congress whose credentials in due form of law have been duly filed with the Clerk of the House of Representatives, in accordance with the provisions of section thirty-one of the Revised Statutes of the United. States, shall be entitled to payment under this appropriation: Provided, That all clerks to Members, Delegates, and Resident Commissioners shall be placed on the roll of employees of the House and be subject to be re-ployees. moved at the will of the Member, Delegate, or Resident Commissioner by whom they are appointed; and any Member, Delegate, or Resident Commissioner may ap- Appointpoint one or more clerks, who shall be placed on the roll as the clerk of such Member, Delegate, or Resident Commissioner making such appointments. CONTINGENT EXPENSES, NAMELY: ery for Members of the House of Representatives, Delegates from Territories, and Resident Commissioners, including $5,000 for stationery for the use of the committees and officers of the House, $54,750.

*

* * *

ments.

For station- Stationery.

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Affairs Bu

OFFICE OF THE BUREAU OF INSULAR AFFAIRS: Law offi- Insular cer, $4,500; chief clerk, $2,000; clerks-ten of class four, reau. three of class three, ten of class two, nineteen of class one, eighteen at $1,000 each; three messengers; two assistant messengers; five laborers; two charwomen; in all, $91,840.

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CHAP. 351.—An Act To create a Commission on Industrial Aug. 23, 1912. [H. R. 21094.] Relations.

[Public, No. 300.]

Commission

Be it enacted by the Senate and House of Representa- 37 Stat. L.. tives of the United States of America in Congress assem- pt. 1, p. 415. bled, That a commission is hereby created to be called on Industrial the Commission on Industrial Relations. Said commis- Relations. Composition. sion shall be composed of nine persons, to be appointed by the President of the United States, by and with the advice and consent of the Senate, not less than three of whom shall be employers of labor and not less than three of whom shall be representatives of organized labor. The Department of Commerce and Labor is authorized to cooperate with said commission in any manner and to whatever extent the Secretary of Commerce and Labor may approve.

tion, etc.

SEC. 2. That the members of this commission shall be. Compensapaid actual traveling and other necessary expenses and in addition a compensation of ten dollars per diem while

thority.

actually engaged on the work of the commission and General au- while going to or returning from such work. The commission is authorized as a whole, or by subcommittees of the commission, duly appointed, to hold sittings and public hearings anywhere in the United States, to send for persons and papers, to administer oaths, to summon and compel the attendance of witnesses and to compel testimony, and to employ such secretaries, experts, stenographers, and other assistants as shall be necessary to carry out the purposes for which such commission is created, and to rent such offices, to purchase such books, stationery, and other supplies, and to have such printing and binding done, as may be necessary to carry out the purposes for which such commission is created, and to authorize its members or its employees to travel in or outside the United States on the business of the commission. SEC. 3. That said commission may report to the Congress its findings and recommendations and submit the testimony taken from time to time, and shall make a final report accompanied by the testimony not previously submitted not later than three years after the date of the approval of this Act, at which time the term of this commission shall expire, unless it shall previously have made final report, and in the latter case the term of the commission shall expire with the making of its final report; and the commission shall make at least one report to the Congress within the first year of its appointment and a second report within the second year of its appoint

Reports and recommendations to Con

gress.

Inquiries

ditions of

principal industries, etc.

etc.

ment.

SEC. 4. That the commission shall inquire into the into labor con general condition of labor in the principal industries of the United States including agriculture, and especially in those which are carried on in corporate forms; into existing relations between employers and employees; into the effect of industrial conditions on public welfare and into the rights and powers of the community to deal therewith; into the conditions of sanitation and safety of employees and the provisions for protecting the life, limb, and health of the employees; into the growth of Associations associations of employers and of wage earners and the effect of such associations upon the relations between employers and employees; into the extent and results of methods of collective bargaining; into any methods which have been tried in any State or in foreign countries for maintaining mutually satisfactory relations between employees and employers; into methods for avoiding or adjusting labor disputes through peaceful and conciliatory mediation and negotiations; into the scope, methods, and resources of existing bureaus of labor and into possible ways of increasing their usefulness; into the question of smuggling or other illegal entry of Asiatics into the United States or its insular possessions, and of the methods by which such Asiatics have gained and are gain

Labor disputes.

Asiatic entry.

ing such admission, and shall report to Congress as speedily as possible with such recommendation as said commission may think proper to prevent such smuggling and illegal entry. The commission shall seek to discover Causes of the underlying causes of dissatisfaction in the industrial industrial dissituation and report its conclusions thereon.

satisfaction.

tion.

Provisos.

SEC. 5. That the sum of one hundred thousand dollars Appropriais hereby appropriated out of any money in the Treasury of the United States not otherwise appropriated for the use of the commission for the fiscal year ending June thirtieth, nineteen hundred and thirteen: Provided, That Payments. no portion of this money shall be paid except upon the order of said commission, signed by the chairman thereof: Provided, That the commission may expend not to exceed five thousand dollars per annum for the employment of experts at such rate of compensation as may be, Compensafixed by the commission but no other person employed hereunder by the commission, except stenographers temporarily employed for the purpose of taking testimony, shall be paid compensation at a rate in excess of three thousand dollars per annum.

Experts.

tion restricted.

CHAP. 352.-An Act To amend section eight of the food and Aug. 23, 1912. drugs Act approved June thirtieth, nineteen hundred and six.

[H. R. 11877.]

[Public, No.
301.1
37 Stat. L.,

act.

Pure food

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, pt. 1, p. 416. That that part of section eight of the food and drugs Act of June thirtieth, nineteen hundred and six, defining what shall be misbranding in the case of drugs, be, and the same is hereby, amended by adding thereto a third paragraph to read as follows:

"If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false and fradulent."

So that the said part of said section eight shall read as follows:

"SEC. 8. That the term 'misbranded,' as used herein, shall apply to all drugs or articles of 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 ottered for sale under the name of another article.

New para

graph.

Misbranding

defined.

Drugs.

False name.

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