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APPOINTMENT OF A PUBLIC DEFENDER FOR THE CANAL

ZONE

FEBRUARY 17, 1932.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. Lea, from the Committee on Interstate and Foreign Commerce,

submitted the following

REPORT

[To accompany H. R. 7513]

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The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7513) to provide for the appointment of a public defender for the Canal Zone, having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the President and the Secretary of War, as will appear by the following letter:

WAR DEPARTMENT,

Washington, January 28, 1932. Hon. Sam RAYBURN, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C. DEAR MR. RAYBURN: The receipt is acknowledged of a letter from the Hon. Clarence F. Lea, dated January 15, 1932, inclosing, and requesting on behalf of your committee a report upon, certain bills for the revision of the laws of the Canal Zone introduced by him, including bill H. R. 7513, entitled A bill to provide for the appointment of a public defender for the Canal Zone."

This is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in letter to the President dated June 5, 1930, and in conformity with the provisions of the act of May 17, 1928, 45 Stat. 596, entitled “An act to revise and codify the laws of the Canal Zone” forwarded by him to the Congress with his message of June 9, 1930. The message and report submitted therewith were printed as House Document No. 460, Seventy-first Congress, second session. Comment on this proposal is made on page 316 of that document.

The purpose of this bill is to relieve the few attorneys of the Canal Zone bar of the considerable burden of defending, without compensation or reimbursement for expenses incurred for railroad fare, etc., the many indigent defendants for whom the district court is required by Canal Zone laws to assign counsel. The provision of the laws of the Canal Zone requiring the appointment of counsel in

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the cases referred to is quoted in House Report No. 2830, Seventy-first Congress, third session, to accompany H. R. 14081.

The early consideration and passage of the legislation proposed for the Canal Zone are recommended. Sincerely yours,

PATRICK J. HURLEY,

Secretary of War. A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted.

The laws of the Canal Zone contain the following provision with reference to the appointing of counsel to defend where the defendant is unable to employ counsel:

If the defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned and must be asked if he desires the aid of counsel. If he desires and is unable to employ counsel, the court must assign counsel to defend him.

This bill provides for the appointment of a public defender for the Canal Zone. Under existing law there is no provision for compensation to attorneys serving for indigent defendants. Many of the employees who work on the Canal Zone are West Indians who receive very small compensation for their services and who are unable to employ counsel when they are charged with an offense. There are only four or five attorneys eligible to practice in criminal cases in the Canal Zone, and a considerable burden is placed upon those attorneys by being called upon to defend in such cases. Attorneys so appointed are compelled, in many instances, to expend their own funds for railroad fare and for other expenses incident to the preparation of such cases for trial.

O

1st Session

No. 526

CANAL ZONE POSTAL SERVICE

FEBRUARY 17, 1932.—Committed to the Committee of the Whole House on the

state of the Union and ordered to be printed

Mr. LEA, from the Committee on Interstate and Foreign Commerce,

submitted the following

REPORT

(To accompany H. R. 7514)

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7514) in relation to the Canal Zone postal service, having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the President and the Secretary of War, as will appear by the following letter:

Washington, January 28, 1932.

" Hon. Sam Rayburn, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives. DEAR MR. RAYBURN: The receipt is acknowledged of a letter from the Hon. Clarence F. Lea, dated January 15, 1932, inclosing, and requesting on behalf of your committee a report upon, certain bills for the revision of the laws of the Canal Zone introduced by him, including bill H. R. 7514, entitled “A bill in relation to the Canal Zone postal service."

This is one of the proposals made for the revision of the laws of the Cana) Zone recommended by me in letter to the President dated June 5, 1930, and in conformity with the provisions of the act of May 17, 1928 (45 Stat. 596), entitled “An act to revise and codify the laws of the Canal Zone,” forwarded by him to the Congress with his message of June 9, 1930. The message and report submitted therewith were printed as House Document No. 460, Seventy-first Congress, second session. The reasons for recommending the enactment of this bill are given on page 317 of that document.

Various orders and provisions of law relating to the Canal Zone postal system, together with the applicable parts of existing law compared with the proposed amendments and additions, are contained in House Report 2831, Seventy-first Congress, third session, to accompany H. R. 14062.

The early consideration and passage of the legislation proposed for the Canal Zone are recommended. Sincerely yours,

PATRICK J. HURLEY,

Secretary of War HR-72-1-VOL 1-55

During the Seventy-first Congress this matter was referred to the Postmaster General, whose approval was given in the following letter:

Post OFFICE DEPARTMENT,

Washington, D. C., December 13, 1930. Hon. JAMES S. PARKER, Chairman Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C. MY DEAR MR. Parker: The receipt is acknowledged of your letter of December 3, submitting for report a copy of H. R. 14082, a bill which would make the laws, rules, and regulations of the United States Postal Service applicable, so far as local conditions permit, to the postal service of the Canal Zone.

There is, of course, no objection to the bill on the part of the Post Office Department, but it seems to me that if there is to be any legislation on this subject at the present time it would be well for the committee to consider the feasibility of the consolidation of the Canal Zone Postal Service with the United States Postal Service. As you know, the Federal Postal Service now extends to Porto Rico, Hawaii, and Alaska, and I am aware of no reason why it should not be similarly extended to the Canal Zone. Yours very truly,

WALTER F. Brown. A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted. This bill is part of the gen ral revision.

On June 24, 1904, President Taft issued an Executive order establishing a postal service in the Canal Zone, which is as follows:

WAR DEPARTMENT,

Washington, June 24, 1904. To the CHAIRMAN OF THE Isthmian CANAL COMMISSION:

SIR: The necessities of the inhabitants and the due administration of the affairg of government in the Canal Zone at Panama require the establishment of post offices and postal service in that territory.

It is therefore ordered: That a post office be established in each of the following named towns of the Canal Zone, to wit: Cristobal, Gatun, Bohio, Gorgona, Bas Obispo, Empire, Culebra, La Boca, and Ancon.

The post offices at Cristobal and Ancon shall be money-order offices.

The Governor of the Canal Zone is hereby authorized to appoint postmasters for the post offices herein established and fix the compensation therefor, subject to the approval of the Isthmian Canal Commission.

The Governor of the Canal Zone is directed to formulate a plan for a practical and efficient postal service in said Canal Zone, and including such measures and provisions of the postal service of the United States as are not inapplicable to the conditions of law and fact existing in the Canal Zone, and to report said plan to the chairman of the Isthmian Canal Commission for such action as the discretion of the commission shall approve.

Pending the establishment of the postal service by act of the commission or other competent authority, the Governor of the Canal Zone is hereby authorized to establish post offices at such additional places in the Canal Zone as in his judgment the interests of the public require, and to appoint postmasters therefor and fix their compensation, subject to the approval or other action thereon by the Isthmian Canal Commission.

The Governor of the Canal Zone is also authorized to adopt and enforce such temporary rules, regulations, provisions, and requirements as may be necessary to secure a practical and efficient postal service in said Canal Zone; and to employ such temporary assistants and employees as the exigencies of the service require. By direction of the President:

Wm. H. Taft, Secretary of War. Act No. 8 of the Isthmian Canal Commission enacted the second day of September, 1904, provided in detail for the Postal Service on the Canal Zone, and section 42 of that act pertaining to the Postal Service is as follows:

SEC. 42. By Executive order date June 24, 1904, provision was made as follows:

“That a post office be established in each of the following-named towns of the Canal Zone, to wit: Cristobal, Gatun, Bohio, Gorgona, Bas Obispo, Empire Culebra, La Boca, and Ancon. The post offices at Cristobal and Ancon shall be money-order offices."

The post office at Bas Obispo is discontinued, and post offices are hereby established at San Pablo and Matachin.

There is hereby created and established a postal service for the Canal Zone, Isthmus of Panama.

It shall be the duty of the Postal Service to administer the affairs of the post offices and the postal affairs of the zone.

The Postal Service of the Canal Zone shall be conducted, regulated, and controlled by such of the laws, rules, and regulations of the Postal Service of the United States as are not inapplicable to the conditions of law and fact existing in the Canal Zone, and the laws enacted and the rules and regulations adopted by the Isthmian Canal Commission.

The postmasters of the Canal Zone shall be appointed by the governor, and shall give bond for the faithful performance of the duties of their office in such sum and with such surety or sureties as shall be approved by the governor.

The governor of the zone is hereby authorized to establish new post offices or discontinue those already established at such places and at such times as, in his judgment, the public service requires.

The annual salaries of the postmasters, payable monthly, shall be as follows: San Pablo, ninety dollars; Gatun, ninety dollars; La Boca, one hundred and twenty dollars; Culebra, one hundred and twenty dollars; Empire, one hundred and twenty dollars; Matachin, one hundred and twenty dollars; Bohio, one hundred and twenty dollars; Gorgona, ninety dollars; Cristobal, twelve hundred dollars, and Ancon, nine hundred dollars.

Sec. 43. There is hereby created and established the office of director of posts of the Canal Zone, Isthmus of Panama.

The director of posts is charged with direct conduct and control of the affairs of the Postal Service, inspection of post offices, and accounts of postmasters, the approval of requisitions for supplies for post offices and postmasters and the distribution of such supplies.

Postage stamps for the payment of postage in the Canal Zone shall be the postage stamps of the United States, surcharged with the words “Canal Zone, Panama." Requisitions for said stamps shall be drawn by the director of posts, approved by the governor of the zone and delivered to the treasurer of the zone, who shall forward the same to the treasurer of the Isthmian Canal Commission; the stamps, when received, shall be deposited with the treasurer of the Canal Zone for distribution to the postmasters of the zone, who shall make requisition therefor as required by the necessities of their offices and forward such requisitions to the director of posts for his approval, and upon approval by him, the treasurer of the zone is authorized to honor the same.

Sec. 44. All moneys collected or received by the director of posts by virtue of his office shall be deposited forthwith with the treasurer of the Canal Zone, and a receipt in duplicate therefor issued by the treasurer to the director of posts, who shall attach the original thereof to his monthly account.

Between the first and fifth day of each calendar month the director of posts shall forward his accounts and the accounts of the Postal Service to the auditor of the Canal Zone for audit.

On September 8, 1911, the President put into effect by Executive order a Postal Savings System on the Canal Zone; that Executive order was repealed by subsequent Executive order bearing date of September 5, 1914, and provision was made for the deposit of savings in post offices in the Canal Zone and the issuance of money orders therefore for which no fees should be charged. The order of September 5, 1914, was as follows:

To repeal the Executive order of September 8, 1911, establishing the Postal Savings System in the Canal Zone:

By virtue of the authority vested in me, I hereby establish the following order for the Canal Zone:

SECTION 1. The Executive order of September 8, 1911, establishing the Postal Savings System in the Canal Zone, is hereby repealed: Provided, That accounts

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