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established from time to time by the President for the government of the Canal Zone.
The Canal Zone Customs Service was established by Act No. 8 of the Isthmian Canal Commission which was enacted on September 2, 1904. Sections 35, 36, and 37 of Act No. 8 prescribed the details of the operation of the customs service. Numerous changes in the methods of customs administration were adopted from time to time during the period up to 1925. The existing regulations concerning the operation of the customs service are based on the Executive order of the President of September 25, 1925, chapter 11 of which covers the subject of customs administration. There are two serious defects in these existing customs rules and regulations: (1) Lack of unquestionable legal authority for the penalties provided in the enforcement of the regulations; and (2) lack of specific authority for customs inspectors to make searches and seizures.
This bill (H. R. 7515) is merely a restatement of the essential portions of the Executive order of September 25, 1925, in such form that there may be no question as to the authority for the penalties prescribed, nor of the right of search and seizure now conferred upon customs officers by the Executive order, without which authority the customs service can not operate effectively. It is doubted if the President had lawful authority to prescribe penalties for the enforcement of the customs regulations which he established, and to provide for searches and seizures.
In the administration of the Canal Zone Customs Service no collections of customs are made other than certain fees for certification of invoices and other customs papers. One of the functions of the service is the protection of the customs revenues of the Republic of Panama. The Canal Zone cuts right through the Republic of Panama and the city of Panama, the capital of the Republic on the Pacific side, and the city of Colon on the Atlantic side, are located within the 10mile zone strip, although excluded from it. In order that ships, passengers, and cargo arriving at the Canal Zone ports may not be subject to the details and other inconveniences which might result if Panama were allowed to establish customs service in the zone, it has been the policy of the zone customs authorities to handle the entry of ships and cargoes and inspect passengers' baggage rather than to permit the performance of these functions by the Panama authorities. This seems to be necessary in order to maintain the complete control of shipping that experience has shown is absolutely required for the efficient operation of the canal and to avoid controversies that would undoubtedly arise as a result of the operation of two customs services in the Canal Zone.
This bill contemplates no change whatever in the present policies concerning the operation of the customs service, nor will there be any change in the personnel; the purpose of the act is merely to make legally effective those regulations which have been in force for a number of years, but the authority for which is doubtful.
The applicable portions of the Executive order of September 25, 1925, relating to the customs service in the Canal Zone, with the parts omitted in brackets and the parts added in italics are inserted herewith and are as follows:
[Matter stricken out inclosed in black brackets and new matter in italic) [Rule 144. There shall be a bureau of customs in the division of civil affairs, which, under the executive secretary, shall enforce the customs rules and regula
tions of the Canal Zone and] That the Governor of the Panama Canal shall have [exclusive] control for customs purposes over all articles, including passengers' baggage, introduced into the Canal Zone, [until such articles are released by a customs officer) and he is authorized to establish rules and regulations governing the entry and importation of goods into said zone, the disposal of goods brought into the Canal Zone in violation of such regulations, and to alter and amend such rules and regulations from time to time. [The bureau of customs shall consist of such customs officers as may be appointed by the governor.]
SEC. 2. [Rule 145.] That general powers of search, seizure, and arrest are hereby conferred upon customs officers in the Canal Zone, including deputy shipping commissioners and boarding officers when performing customs duties. In the exercise of these powers customs officers are authorized to enter any building[s], other than dwelling houses, to stop vessels and vehicles, and to search vessels, vehicles, and their contents; and to stop and search persons and any packages carried by them. Such right of entry, stopping, search, seizure, and arrest shall be exercised only when there are reasonable grounds for suspecting violations of the customs rules and regulations authorized hereunder or of the [laws of the] United States applicable [or] in the Canal Zone.
SEC. 3. That it shall be unlawful to enter or import, or attempt to enter or import, any articles or merchandise into the Canal Zone until the entry or importation of such articles or merchandise has been approved by the proper officers of the Canal Zone and that [rule 147] it shall further be unlawful to pass, or attempt to pass, any false, forged, or fraudulent invoice or bill or other paper, for the purpose of (violating the customs rules herein established or to aid or abet in the same] securing the entry or importation into the Canal Zone of any articles or merchandise in violation of the rules and regulations to be promulgated in pursuance of the authority contained in the first section of this act, and (rule 148] any article brought into or obtained in the Canal Zone in violation of [rules 146 and 147] such regulations may be seized and held, [by a customs officer;] and, unless [the duty is paid or waived or the articles are proved to be entitled to free entry] within a period of thirty days from the date of seizure such articles are entered in conformity to the rules and regulations to be promulgated by the governor they may be [forfeited] confiscated and disposed of as provided in such rules and regulations. [Articles forfeited for violation or attempted violation of the customs laws of the Republic of Panama shall be delivered to the proper authorities of that Government.] Any person violating the provisions this section or any of the rules and regulations authorized hereunder, shall, upon conviction, be punished by a fine not exceeding $ 100, or by imprisonment in jail not exceeding ninety days, or by both such fine and imprisonment.
[Rule 146. Smuggling: Smuggling shall be unlawful. Smuggling shall be construed to mean the entry or attempted entry of any articles without submitting them to a customs officer for examination, with intent to defraud the customs revenues of the Republic of Panama; or the violation or attempted violation of the rules and regulations governing the free entry of articles into the Canal Zone.]
Sec. 4. [Rule 149.] That if any vessel arriving at the Canal Zone from [a foreign] any port other than a port in the Canal Zone or the Republic of Panama, is found to have on board merchandise not manifested, the master of such vessel shall be liable to a penalty equal in amount to the value of the merchandise not manifested, and all such merchandise belonging to or consigned to or for the officers or crew of the vessel shall be forfeited: Provided, however , That such penalty shall not be imposed if it is made to appear to the customs officers, or to the court in which the trial is held, that no part of the cargo has been unloaded, except as accounted for in the master's report, and that the errors and omissions in the manifest were made without fraud or collusion; and in such case [s] the master may be allowed to correct his manifest by means of a post entry. A permit shall not be granted to unload any such merchandise so omitted from the manifest before post entry or addition to report of manifest has been made.
SEC. 5. [Rule 150.] That if sea stores are found on board of a vessel [arriving at the Canal Zone] from [a foreign] any port other than a port in the Canal Zone or the Republic of Panama, which are not specified in the list furnished the boarding officer, or if a greater quantity of such articles is found than that specified in such list, or if any of such articles are landed without a permit being first obtained from the customs officer for that purpose, all of such articles omitted from the list or manifest, or so landed, shall be seized and forfeited, and the master of the vessel shall be liable to a penalty treble the value of the articles 80 omitted or landed.
KEEPING AND IMPOUNDING DOMESTIC ANIMALS IN
FEBRUARY 17, 1932.-Referred to the House Calendar and ordered to be printed
Mr. LEA, from the Committee on Interstate and Foreign Commerce,
submitted the following
[To accompany H. R. 7516)
The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7516) in relation to the keeping and impounding of domestic animals in 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:
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. 7516, entitled “A bill in relation to the keeping and impounding of domestic animals in 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. Reference to this proposal is made on page 320 of that document.
The purpose of this bill is to repeal two voluminous ordinances relative to keeping and impounding domestic animals in the Canal Zone, many provisions of which are obsolete, and also to give the governor the authority to make, and from time to time amend, regulations governing the keeping of domestic animals in the Canal Zone. The ordinances repealed and the provisions substituted therefor will be found in House Report No. 2826 to accompany H. R. 14084.
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. This bill is part of the general revision.
The subject of the keeping and impounding of domestic animals has been provided for by two quite voluminous ordinances of the Isthmian Canal Commission, being the ordinances of July 18, 1908, and of August 5, 1911. Many of the provisions of these ordinances are now obsolete and there is no longer need of retaining the details in permanent law. Moreover, the ordinances do not provide for the disposition of funds arising from the sale of unclaimed animals. It is believed by those who have been charged with the duty of suggesting revisions in the laws of the zone that the subject is not of sufficient importance to call for a detailed act of Congress, but that it is a proper
a subject for regulation by the Governor of the Canal Zone.
This bill, therefore, repeals the old ordinances of the Isthmian Canal Commission and authorizes the President to make, and from time to time amend, regulations governing the keeping of domestic animals within the zone, and the impounding of animals that are not confined, and the charges to be paid for impounding and caring for animals, and the disposition of unclaimed animals and of the proceeds of the sale of such unclaimed animals when sold. The act further provides a legislative penalty for violating the regulations established under its authority.
The ordinances repealed and the matter substituted therefor are herewith inserted and are as follows:
(Matter stricken out inserted in black brackets and new matter in italic)
(PROVIDING FOR THE MUZZLING AND IMPOUNDING OF DOGS [1. The chief sanitary officer of the Isthmian Canal Commission is authorized to designate any district, section, or portion of the Canal Zone within which, and to fix the period of time during which, unmuzzled dogs shall not be permitted to be at large in any town, village, settlement, or labor camp, or on any public highway. Such designation shall be published by printed notice posted conspicuously throughout the district, section, or portion of the Canal Zone to which it applies for ten days before the day upon which it becomes effective.
[2. It shall be unlawful for the owner of any dog to allow such animal to run at large, unmuzzled, in any town, village, settlement, or labor camp, or on any public highway within the district, section, or portion of the Canal Zone and within the period of time designated by the chief sanitary officer.
[3. Any dog found running at large contrary to the provisions of this ordinance shall be taken up and impounded by the police, provided that any such animal may be taken up by any private individual and delivered to the police for impounding.
[4. Notice of the impounding of any dog shall be posted by the police in two conspicuous places in the police district in which such animal is impounded, for five days, including the day upon which the dog is impounded. Such notice shall contain a description of the dog, and state where it is impounded, and to whom application should be made for its release. It shall also state that the dog will be destroyed on the fifth day from the date of the notice if previous application is not made for its release.
(5. If, after the expiration of five days, no application has been made for the release of a dog confined in the pound, the dog shall be destroyed by the police. The police shall also destroy without notice or delay any dog having or suspected of having the disease of rabies.
[6. The owner of any dog impounded in accordance with the preceding sections of this ordinance may secure the release of the dog at any time prior to the
expiration of five days from the date on which it was impounded by exhibiting to the officer in charge of the pound a receipt from the district judge for the fine imposed for a violation of this ordinance, and proving ownership. He shall, however, muzzle the dog before it is delivered to him.
[7. Any person violating this ordinance shall be punished by a fine of five dollars for a first violation and a fine of ten dollars for any subsequent violation.
[Enacted by the Isthmian Canal Commission at its one hundred and forty-fifth meeting, July 18, 1908.
[Approved by the Secretary of War, Aug. 12, 1908.
(PROVIDING FOR THE IMPOUNDING OF STRAY ANIMALS [Be it enacted by the Isthmian Canal Commission, that the ordinance providing for the impounding of stray animals enacted by said commission at its one hundred and forty-third meeting held on April 27, 1908, and approved by the Secretary of War on May 26, 1908, be and the same is hereby amended and reenacted in form as follows:
[1. It shall be unlawful for the owner or custodian of any horse, colt, mule, ass, bull, steer, cow, calf, hog, goat, or sheep, to permit any such animal to be at large within or in the neighborhood of any labor camp, village, or other settlement in the Canal Zone, or on any water shed from which any public water supply is obtained; or to be staked or tethered in such place or in such manner as to be or create a nuisance within or in the neighborhood of any labor camp, village, or other settlement, or on any water shed.
[2. Any animal found at large or tethered contrary to the provisions of the first section hereof shall be taken up and impounded by the police: Provided, That any such animal may be taken up by any private individual and delivered to the police for impounding. It shall be unlawful for any person to deliver to the police for impounding any animal other than an animal found at large or tethered contrary to the provisions of the first section hereof.
[3 Notice of the impounding of any animal shall be posted by the police in two conspicuous places in the police district in which such animal is impounded for ten days, including the day upon which the animal is impounded. Such notice shall contain a description of the animal and shall state where it is impounded and to whom application should be made for its release. It shall also state that if previous application for the release of the animals is not made, it will be sold before the police station on the tenth day from and including the day on which it is impounded, at an hour to be stated in the notice.
[It shall be unlawful for any person other than the owner or custodian or agent of the owner or custodian, to secure the release of any impounded animal.
[4. If application for the release of any impounded animal is not made within eight days from and including the date of its impounding, the police shall make application to the district judge of the district for authority for its sale. If it shall appear to the judge that the provisions of this ordinance have been complied with, and that the animal has not been claimed by the owner or custodian, he shall enter an order authorizing its sale at public cry before the police station of the police district in which it is impounded at the time stated in the notice of impounding posted by the police. The police shall thereupon sell the animal at the hour and place stated, to the highest bidder, for cash.
[5. For each horse, colt, mule, ass, bull, or cow impounded, there shall be col. lected $1, as a pound fee, and 50 cents per day as a maintenance charge; and for each calf, hog, goat, or sheep, 50 cents as a pound fee, and 25 cents per day as a maintenance charge.
[Before the release of any animal to the owner or custodian, the proper fees and charges shall be collected from him. Upon the sale of any animal under an order of court, the court costs shall be deducted from the amount for which the animal is sold and paid over to the district judge. All amounts collected by the police from the owner or custodian of any impounded animal or from its sale, after paying the costs of court, shall be remittted to the treasurer of the Canal Zone as zone revenues. There shall be returned to the owner or custodian of any animal sold under the provisions of this ordinance, upon application therefor made, at any time within one year from the date of such sale, the amount for which the animal was sold, less the pound fees and charges and costs of court.