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ment for not more than five years, or both, in the discre-
tion of the court, for each and every such offense, and the
penalty for so uttering or transmitting, or causing to be

uttered or transmitted, any other false or fraudulent Other sig signal, call, or other radiogram shall be a fine of not more

than one thousand dollars or imprisonment for not more
than two years, or both, in the discretion of the court,

for each and every such offense.
Restriction
on foreign

Sec. 8. That a person, company, or corporation shall ships. not use or operate any apparatus for radio communica

tion on a foreign ship in territorial waters of the United
States otherwise than in accordance with the provisions
of sections four and seven of this Act and so much of sec-
tion five as imposes a penalty for interference. Save as
aforesaid, nothing in this Act shall apply to apparatus
for radio communication on any foreign ship.

SEC. 9. That the trial of any offense under this Act
shall be in the district in which it is committed, or if the
offense is committed upon the high seas or out of the
jurisdiction of any particular State or district the trial
shall be in the district where the offender may be found

or into which he shall be first brought. Not applica- Sec. 10. That this Act shall not apply to the Philippine ble to Philippines.

Islands,

Sec. 11. That this Act shall take effect and be in force on and after four months from its

passage.

Trial of offenses,

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In effect in four months.

Public Health Seryice.

Aug. 14, 1912. CHAP. 288.-An Act To change the name of the Public Health (S. 2117.)

and Marine-Hospital Service to the Public Health Service, to in[Public, No. crease the pay of officers of said service, and for other purposes.

265.) 37 Stat. L.,

Be it enacted by the Senate and Ilouse of Representapt. 1, p. 309.

tives of the United States of America in Congress as-
sembled, That the Public Health and Marine-Hospital

Service of the United States shall hereafter be known and
Public

designated as the Public Health Service, and all laws
Health and
Marine-Hos pertaining to the Public Health and Marine-Hospital
pital Service
changed to.

Service of the United States shall hereafter apply to the
Public Health Service, and all regulations now in force,
made in accordance with law for the Public Health and
Marine-Hospital Service of the United States shall apply

to and remain in force as regulations of and for the Pub-
Investiga- lic Health Service until changed or rescinded. The
tions au-
thorized.

Public Health Service may study and investigate the dis-
eases of man and conditions influencing the propagation
and spread thereof, including sanitation and sewage and
the pollution either directly or indirectly of the navigable
streams and lakes of the United States, and it may from
time to time issue information in the form of publications
for the use of the public.

SEC. 2. That beginning with the first day of October
next after the passage of this Act the salaries of the com-

Salaries.

missioned medical officers of the Public Health Service shall be at the following rates per annum: Surgeon General, six thousand dollars; Assistant Surgeon General, four thousand dollars; senior surgeon, of which there shall be ten in number, on active duty, three thousand five hundred dollars; surgeon, three thousand dollars; passed assistant surgeon, two thousand four hundred dolTars; assistant surgeon, two thousand dollars; and the Longevity said officers, excepting the Surgeon General, shall receive allowance. an additional compensation of ten per centum of the annual salary as above set forth for each five years' service, but not to exceed in all forty per centum: Provided, That the total salary, including the longevity increase, pay. shall not exceed the following rates: Assistant Surgeon General, five thousand dollars; senior surgeon, four thousand five hundred dollars; surgeon, four thousand dollars: Provided further, That there may be employed Help auin the Public Health Service such help as may be provided for from time to time by Congress.

Provisos.
Maximum

thorized.

37

CHAP. 308.-An Act To regulate the importation of nursery Aug. 20, 1912. stock and other plants and plant products; to enable the Secretary [H. R. 24119.) of Agriculture to establish and maintain quarantine districts for

(Public, No. plant diseases and insect pests; to permit and regulate the move- 275.) ment of fruits, plants, and vegetables therefrom, and for other Stat L., purposes.

pt. 1, p. 315. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any person to import Nursery or offer for entry into the United States any nursery

stock.

Importing, stock unless and until a permit shall have been issued without per

, untherefor by the Secretary of Agriculture, under such con- lawful. ditions and regulations as the said Secretary of Agriculture may prescribe, and unless such nursery stock shall be accompanied by a certificate of inspection, in manner and Certificate

of foreign in. form as required by the Secretary of Agriculture, of the spection reproper official of the country from which the importation

quired. is made, to the effect that the stock has been thoroughly inspected and is believed to be free from injurious plant diseases and insect pests: Provided, That the Secretary of Provisos: Agriculture shall issue the permit for any particular im- permit. portation of nursery stock when the conditions and regulations as prescribed in this Act shall have been complied with: Provided further, That nursery stock may be im Imports for ported for experimental or scientific purposes by the De

use by De

partment. partment of Agriculture upon such conditions and under such regulations as the said Secretary of Agriculture may prescribe: And provided further, That nursery stock im- it Conditspes.

if ported from countries where no official system of inspec- tion abroad. tion for such stock is maintained may be admitted upon such conditions and under such regulations as the Secretary of Agriculture may prescribe.

Issue of

Notifications of arrival at

fication forbidden.

required.

SEC. 2. That it shall be the duty of the Secretary of the port of entry. Treasury promptly to notify the Secretary of Agriculture

of the arrival of any nursery stock at port of entry; that the person receiving such stock at port of entry shall, immediately upon entry and before such stock is delivered for shipment or removed from the port of entry, advise the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or the District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, of the name and address of the consignee, the nature and quantity of the stock it is proposed to ship,

and the country and locality where the same was grown. Forwarding That no person shall ship or offer for shipment from one without notis

State or Territory or District of the United States into any other State or Territory or District, any nursery stock imported into the United States without notifying the Secretary of Agriculture or, at his direction, the proper State, Territorial, or District official of the State or Territory or District to which such nursery stock is destined, or both, as the Secretary of Agriculture may elect, immediately upon the delivery of the said stock for shipment, of the name and address of the consignee, of the nature and quantity of stock it is proposed to ship,

and the country and locality where the same was grown, Inspection unless and until such imported stock has been inspected

by the proper official of a State, Territory, or District of

the United States. Marking, Sec. 3. That no person shall import or offer for entry etc., required on goods en

into the United States any nursery stock unless the case, tered,

box, package, crate, bale, or bundle thereof shall be plainly and correctly marked to show the general nature and quantity of the contents, the country and locality where the same was grown, the name and address of the shipper, owner, or person shipping or forwarding the

same, and the name and address of the consignee. Marking, SEC. 4. That no person shall ship or deliver for shipetc., required

ment from one State or Territory or District of the United States into any other State or Territory or District any such imported nursery stock the case, box, package, crate, bale, or bundle whereof is not plainly marked so as to show the general nature and quantity of the contents, the name and address of the consignee, and the country and locality where such stock was grown, unless and until such imported stock has been inspected by the proper official of a State, Territory, or District of the United States.

Sec. 5. That whenever the Secretary of Agriculture on Importing shall determine that the unrestricted importation of any

, etc. nursery stock. plants, fruits, vegetables, roots, bulbs, seeds, or other

plant products not included by the term "nursery stock" as defined in section six of this Act may result in the entry into the United States or any of its Territories or

in Interstate shipments.

Restriction

order.

Proviso.
Hearings,

stock.

term.

Districts of injurious plant diseases or insect pests, he issue of shall promulgate his determination, specifying the class of plants and plant products the importation of which shall be restricted and the country and locality where they are grown, and thereafter, and until such promulgation is withdrawn, such plants and plant products imported or offered for import into the United States or any of its Territories or Districts shall be subject to all the provisions of the foregoing sections of this Act: Provided, That before the Secretary of Agriculture shall etc. promulgate his determination that the unrestricted importation of any plants, fruits, vegetables, roots, bulbs, seeds, or other plant products not included by the term “ nursery stock” as defined in section six of this Act may result in the entry into the United States or any of its Territories or Districts of injurious plant diseases or insect pests he shall, after due notice, 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.

“ Nursery Sec. 6. That for the purpose of this act the term “nursery stock” shall include all field-grown florists' stock, Definition of trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots.

Sec. 7. That whenever, in order to prevent the introduction into the United States of any tree, plant, or fruit sect infestadisease or of any injurious insect, new to or not theretofore widely prevalent or distributed within and through-tion of existout the United States, the Secretary of Agriculture shall try or locality. determine that it is necessary to forbid the importation into the United States of any class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products from a country or locality where such disease or insect infestation exists, he shall promulgate such determination, specifying the country and locality and the class of nursery stock or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products which, in his opinion, should be excluded. Following the promulgation of such determination by promportations

prohibited the Secretary of Agriculture, and until the withdrawal after promul

gation of deof the said promulgation by him, the importation of the termination, class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products specified in the said promulgation from the country and locality therein named, regardless of the use for which the same is intended, is hereby prohibited; and until the withdrawal of the said promulgation by the Secretary of Agriculture, and notwithstanding that such class of nursery stock, or other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products be accom

Plant diseases and in

tion.

Determina

in

Provisos.

Hearings, etc.

immediately effective.

tion.

panied by a certificate of inspection from the country of importation, no person shall import or offer for entry into the United States from any country or locality specified in such promulgation, any of the class of nursery stock or of other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products named therein, regardless of the use for which the same is intended: Provided, That before the Secretary of Agriculture shall promulgate his determination that it is necessary to forbid the importation into the United States of the articles named 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 perQuarantine son or by attorney: Provided further, That the quaran

tine provisions of this section, as applying to the whitepine blister rust, potato wart, and the Mediterranean fruit fly, shall become and be effective upon the passage

of this Act. Interstate quarantine

Sec. 8. That the Secretary of Agriculture is authoragainst plant ized and directed to quarantine any State, Territory, or diseaseseste in District of the United States, or any portion thereof, or

when he shall determine the fact that a dangerous plant disease or insect infestation, new to or not theretofore widely prevalent or distributed within and throughout the United States, exists in such State or Territory or District; and the Secretary of Agriculture is directed to give notice of the establishment of such quarantine to common carriers doing business in or through such quarantined area, and shall publish in such newspapers in the

quarantined area as he shall select notice of the establishShipments

ment of quarantine. That no person shall ship or offer for shipment to any common carrier, nor shall any common carrier receive for transportation or transport, nor shall any person carry or transport from any quarantined State or Territory or District of the United States, or from any quarantined portion thereof, into or through any other State or Territory or District, any class of nursery stock or any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products speci

fied in the notice of quarantine except as hereinafter Movements

provided. That it shall be unlawful to move, or allow stock subject to be moved, any class of nursery stock or 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 any quarantined State or Territory or District of the United States, or quarantined portion thereof, into or through any other State or Territory or District, in manner or method or under conditions other than those prescribed by the Secretary of

Agriculture. That it shall be the duty of the Secretary issued. of Agriculture to make and promulgate rules and regu

from quarantined localities forbidden.

of nursery

to conditions.

Rules for inspection, etc., to be

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