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vided, That sections eighteen hundred and forty-one to eighteen hundred and ninety-one, inclusive, nineteen hundred and ten and nineteen hundred and twelve, of the Revised Statutes, and the amendments thereto, and an Act entitled "An Act to prohibit the passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes," approved July thirtieth, eighteen hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii. Sec. 5, act of Apr. 30, 1900 (31 Stat. 141); sec. 1, act of May 27, 1910 (36 Stat. 443); act of April 12, 1930 (46 Stat. 160); 48 U. 8. C. 495.
That the laws of Hawaii not inconsistent with the Constitution or laws of the United States or the provisions of this Act shall continue in force, subject to repeal or amendment by the Legislature of Hawaii or the Congress of the United States. Sec. 6, act of Apr. 30, 1900 (31 Stat. 142); 48 U. 8. C. 496.
Sec. 5, as originally enacted, provided that the Constitution, and, except as otherwise provided, all the laws of the United States not locally inapplicable should have the same force and effect within the Territory as elsewhere in the United States, with a proviso that R. S. 1850, 1890, should not apply to the Territory. It was amended by adding the clause "including laws carrying general appropriations,” and by changing the proviso to read as set forth here.
R. S. 1910, 1912, mentioned in this section, containing provisions relating to the courts of certain Territories named or referred to therein, were superseded by tbe admission of all said Territories to the Union as States.
The above is the general provision. Various specific provisions relating to Hawail of like nature are not given herein.
By act of March 26, 1934 (48 Stat. 467), Federal liquor prohibition laws to the exent that they were in force in Hawaii were repealed.
2132. Indian country; introduction of intoxicants.-Any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication to any Indian to whom an allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian who is a ward of the Government under charge of any Indian superintendent or agent, or to any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or attempt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be punished for the first offense by imprisonment for not more than one year, and by a fine of not more than $500, and for the second offense and each offense thereafter by imprisonment for not more than five years, and by a fine of not more than $2,000: Provided, however, That the person convicted shall be committed until fine and costs are paid: And provided further, That first offenses under this section may be prosecuted by information, but no person convicted of a first offense under this section shall be sentenced to imprisonment in a penitentiary or required to perform hard labor. It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Department or any officer duly authorized thereunto by the War Department.
R. S. 2139; act of July 23, 1892 (27 Stat. 260); sec. 1, act of June 15, 1938 (52 Stat. 696); 25 U. 8. C. 241.
. And no part of section twenty-one hundred and thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler, or storekeeper, attaché, or employee of the Army of the United States who shall barter, donate, or furnish in any manner whatsoever liquors, wines, beer, or any intoxicating beverage whatsoever to any Indian. Sec. 1, act of July 4, 1884 (23 Stat. 94); 25 U. 8. O. 249.
That hereafter the special Indian liquor laws shall not apply to former Indian lands now outside of any existing Indian reservation in any case where the land is no longer held by Indians under trust patents or under any other form of deed or patent which contains restrictions against alienation without the consent of some official of the United States Government: Provided, however, That nothing in this Act shall be construed to discontinue or repeal the provisions of the Indian liquor laws which prohibit the sale, gift, barter, exchange, or other disposition of beer, wine, and other liquors to Indians of the classes set forth in the Act of January 30, 1897 (29 Stat. L. 506), and section 241, title 25, of the United States Code. Act of June 27, 1934 (48 Stat. 1245); 25 U. 8. C. 254.
The second paragraph was repeated in sec. 1, act of Jan. 30, 1897 (29 Stat. 606), both acts dealing with the introduction into or sale in the Indian country of intoxicating liquors.
Section 3, act of June 15, 1938 (52 Stat. 697), repeals the act of January 30, 1897 (29 Stat. 506), which contained provisions similar to those of R. S. 2139, supra.
2133. Indian country; livestock transactions. The agent of each tribe of Indians, lawfully residing in the Indian country, is authorized to sell for the benefit of such Indians any cattle, horses, or other livestock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the Secretary of the Interior. But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Secretary of War, connected with the movement or subsistence of troops. R. S. 2127; 25 U. 8. 0. 192.
All such livestock so purchased or issued and the increase therefrom belonging to restricted Indians and grazed in the Indian country shall not be removed from the Indian country except with the consent in writing of the superintendent or other officer in charge of the tribe to which the owner or possessor of such livestock belongs, or by order of the Secretary of War, in connection with the movement of troops.
• R. 8. 2138; sec. 1, act of June 30, 1919 (41 Stat. 9); 25 U. S. C. 214.
This is a provision relating to the movement of livestock from the Indian country. As originally enacted, R. S. 2138 was as follows:
"Every person who drives or removes, except by authority of an order lawfully 18sued by the Secretary of War, connected with the movement or subsistence of troops, any cattle, horses, or other stock from the Indian country for the purposes of trade or commerce, shall be punishable by imprisonment for not more than three years, or by a fine of not more than five thousand dollars, or both."
Sale of Government purchased cattle by Indians, except to members of their own tribe, is prohibited, unless the agent's written consent be obtained, by act of July 4, 1884 (23 Stat. 94).
2134. Philippines; laws in effect.—That the provisions of this Act and the name "The Philippines” as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace concluded between the United States and Spain on the eleventh day of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the seventh day of November, nineteen hundred. Sec. 1, act of Aug. 29, 1916 (39 Stat. 545); 48 U. 8. C. 1001.
That the statutory laws of the United States hereafter enacted shall not apply to the Philippine Islands except when they specifically so provide, or it is so provided in this Act. Sec. 5, act of Aug. 29, 1916 (39 Stat. 547); 48 U. 8. C. 1003.
That the laws now in force in the Philippines shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided or by Act of Congress of the United States. Sec. 6, act of Aug. 29, 1916 (39 Stat. 547); 48 U. S. C. 1004.
That all laws or parts of laws applicable to the Philippines not in conflict with any of the provisions of this Act are hereby continued in force and effect. Sec. 31, act of Aug. 29, 1916 (39 Stat. 556); 48 U. 8. C. 1006.
The above is the general provision. Various specific provisions relating to the Philippines of like nature are not given herein.
Notes of Decisions In general.-Federal trade-mark act beld | valid trade-marks in commerce between connot to displace Pbilippine statute regulat- tinental United States and Philippine ing trade-marks, trade names, and unfair Islands. American Trading Co. v. Heacock competition in Philippines, but applies to Co. (1932), 285 U. S. 247.
2135. Philippines; Independence Act.—The Philippine Legislature is hereby authorized to provide for the election of delegates to a constitutional convention, which shall meet in the hall of the house of representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, but not later than October 1, 1934, to formulate and draft a constitution for the government of the Commonwealth of the Philippine Islands, subject to the condi. tions and qualifications prescribed in this Act, which shall exercise jurisdiction over all the territory ceded to the United States by the treaty of peace concluded between the United States and Spain on the 10th day of December 1898, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the 7th day of November 1900. The Philippine Legislature shall provide for the necessary expenses of such convention. Sec. 1, act of Mar. 24, 1934 (48 Stat. 456); 48 U. 8. O. 1231.
By subsequent provisions of the act of Mar. 24, 1934, supra, it is provided that, pending final and complete withdrawal of American sovereignty, the United States shall have the right to maintain military and other reservations and armed forces in the Philippines, and upon order of the President, to call into the service of such armed forces all military forces organized by the Philippine government; and that the United States sball be represented by a High Commissioner who shall be recognized by the government of the Com. monwealth of the Philippine Islands and by the commanding officer of the military forces of the United States. Upon recognition of complete independence the United States is to surrender all rights in the Philippines, including military and other reservations except naval reservations and fueling stations. This act superseded a similar act of Jan. 17, 1933, on which no action was taken by the Philippine government.
The act of March 24, 1934, supra, was accepted by the Philippine Legislature in joint session on May 1, 1934, the 36th anniversary of the battle of Manila Bay.
Presidential Proclamation No. 2148, November 14, 1935, announced and proclaimed the result of the election of officers of the government of the Commonwealth of the Philippines held September 17, 1935, and further announced and proclaimed that, upon its promulgation, the existing Philippine government should terminate, and the government of the Commonwealth of the Philippines should enter upon its rights, privileges, powers, and duties as provided under its constitution.
Title II, War Department Appropriation Act of May 15, 1936 (49 Stat. 1304), and subsequent appropriation acts make appropriations for the office of the United States High Commissioner, and limit the salary of the legal adviser and financial expert.
By 157a, ante, the President is authorized to designate an Army officer as Acting United States High Commissioner to the Philippine Islands.
2136. Philippines; administration of oaths.--That there is hereby conferred upon the Chief Clerk and the Assistant Chief Clerk, respectively, of the Office of the United States High Commissioner to the Philippine Islands, the authority whenever either of them is required or deems it necessary or proper so to do at any place within the territorial limits of the Commonwealth of the Philippines, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States or any of its possessions. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before such Chief Clerk or Assistant Chief Clerk when certified under their respective hands and accompanied by a certificate attesting the official position of the person certifying as such Chief Clerk or Assistant Chief Clerk, under the hand and the seal of office of the United States High Commissioner to the Philippine Islands or of the Acting United States High Commissioner to the Philippine Islands, shall be as valid, and of like force and effect within the United States and its possessions, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done by or before any other person within the United States or its possessions duly authorized and competent thereto: Provided, That nothing herein contained shall be held to limit or to replace any provision of law now in force in the Philippine Islands relative to the administration of oaths or the performance of notarial acts therein. Sec. 1, act of Aug. 11, 1937 (50 Stat. 621); 48 U. 8. C. 1237c (a).
Any person who shall willfully and corruptly misstate, or by any means procure any person to misstate, any material fact or matter in any such oath, affirmation, affidavit, or deposition, or shall forge any of the signatures or the seal herein. before mentioned or shall tender in evidence any of the documents heretofore mentioned with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, may be charged and tried in any court of the United States or of its possessions, including the Commonwealth of the Philippines, within whose territorial jurisdiction he may be found, and upon conviction of any offense herein described shall be imprisoned for not less than one nor more than three years, and fined in a sum not to exceed $3,000. Sec. 2, act of Aug. 11, 1937 (50 Stat. 621); 48 U. 8. C. 1237c (6).
Any document mentioned herein purporting to have subscribed thereto or thereon the signature of the official administering or taking the same in testimony thereof, when accompanied by the above-mentioned certificate of the United States High Commissioner to the Philippine Islands or of the Acting United States High Commissioner to the Philippine Islands, shall be admitted in evidence without proof of the genuineness of the signature or seal of any official herein mentioned or of the official position of such official. Sec. 3, act of Aug. 11, 1937 (50 Stat. 622); 48 U. 8. C. 12370 (c).
2137. Philippines; checking and arrastre charges.--That the checking charges and arrastre charges which have been, or may hereafter be, imposed by authority of the government of the Philippine Islands upon merchandise, supplies, equipment, and other material imported into the Philippine Islands on commercial vessels, and duly consigned to official agencies of any executive department or bureau of the United States Government, are hereby legalized and ratified, as fully to all intents and purposes as if the same had by prior Act of Congress been specifically authorized and directed.
The payment of such charges heretofore or hereafter incurred shall be made by the United States Government from appropriations, heretofore or hereafter made for the particular departments or bureaus of the United States Government concerned, which are or may hereafter be made available for the payment of transportation charges on shipments of the character hereinbefore referred to: Provided, That the charges shall in no case exceed those charged commercial concerns for like services, shall not include any charges for ship-side deliveries that may hereafter be made except when services in connection therewith may be requested by the department or bureau concerned, and shall not be imposed in case of any deliveries made on piers owned or operated by the United States Government. Act of July 3, 1930 (46 Stat. 851); 48 U. 8. C. 10110.
The first paragraph of this section as published in the 1929 Edition, based on R. S. 1220 as amended by the act of Feb. 27, 1877 (19 Stat. 243), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429).
The second paragraph based on act of March 2, 1889 (25 Stat. 831), is considered useless, and no recommendation will be made for its inclusion in the United States Code (Memo. J. A. G., Oct. 9, 1930). It has been omitted from the Military Laws.
2138. Philippines; draft of militia into Federal service.-That the militia and other locally created armed forces in the Philippine Islands may be called into the service of the United States, and all members thereof may be drafted into said service and organized in such manner as is or may be provided by law for calling or drafting the National Guard into said service, and shall in all respects while therein be upon the same footing with members of the National Guard so called or drafted : Provided, That the pay and allowances of officers and men of the Philippine Militia and other locally created armed forces in the Philippine Islands called into the service of the United States under the provisions of this Act when serving in the Philippine Islands shall in no case exceed the pay and allowances for corresponding grades of Philippine Scouts. Act of Jan. 26, 1918 (40 stat. 432); 32 U. 8. C. 84.
For pay and allowances of Philippine Scouts, see 1381, 1388, ante.
2139. Puerto Rico; designation.--That from and after the passage of this resolution the island designated "Porto Rico" in the Act entitled "An Act to provide a civil government for Porto Rico, and for other purposes," approved March 2, 1917, as amended, shall be known and designated as “Puerto Rico." All laws, regulations, and public documents and records of the United States in which such island is designated or referred to under the name of "Porto Rico" shall be held to refer to such island under and by the name of "Puerto Rico.** Pub. res. of May 17, 1932 (47 Stat. 158); 48 U. $. C. 7310.
2140. Puerto Rico; laws in effect.-That the laws and ordinances of Puerto Rico now in force shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided for Puerto Rico or by act of Congress of the United States; and such legislative authority shall have power, when not inconsistent with this Act, by due enactment to amend, alter, modify, or repeal any law or ordinance, civil or criminal, continued in force by this Act as it may from time to time see fit. Sec. 57, act of Mar. 2, 1917 (39 Stat. 968); 48 U. 8. C. 735.
That all laws or parts of laws applicable to Puerto Rico not in conflict with any of the provisions of this Act, including the laws relating to tariffs, customs, and duties on importations into Puerto Rico prescribed by the Act of Congress entitled "An Act temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes," approved April twelfth, nineteen hundred, are hereby continued in effect, and all laws and parts of laws inconsistent with the provisions of this Act are hereby repealed. Sec. 58, act of Mar. 2, 1917 (39 Stat. 968).