of which is hereby provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products hereinbefore described are prepared; and said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment hereinbefore mentioned, until the same shall have actually been inspected and found to be sound, healthful, wholesome, and fit for human food, and to contain no dyes, chemicals, preservatives, or ingredients which render such meat food product unsound, unhealthful, unwholesome, or unfit for human food; and to have been prepared under proper sanitary conditions, hereinbefore provided for; and shall perform such other duties as are provided by this Act and by the rules and regulations to be prescribed by said Secretary of Agriculture; and said Secretary of Agriculture shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this Act, and all inspections and examinations made under this Act shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary of Agriculture not inconsistent with the provisions of this Act. [34 Stat. L. 1264.] [Punishment for bribing, etc., officials· accepting gifts, etc., by officials.] That any person, firm, or corporation, or any agent or employee of any person, firm, or corporation who shall give, pay, or offer, directly or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of the United States authorized to perform any of the duties prescribed by this Act or by the rules and regulations of the Secretary of Agriculture any money or other thing of value, with intent to influence said inspector, deputy inspector, chief inspector, or other officer or employee of the United States in the discharge of any duty herein provided for, shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by a fine not less than five thousand dollars nor more than ten thousand dollars and by imprisonment not less than one year nor more than three years; and any inspector, deputy inspector, chief inspector, or other officer or employee of the United States authorized to perform any of the duties prescribed by this Act who shall accept any money, gift, or other thing of value from any person, firm, or corporation, or officers, agents, or employees thereof, given with intent to influence his official action, or who shall receive or accept from any person, firm, or corporation engaged in interstate or foreign commerce any gift, money, or other thing of value given with any purpose or intent whatsoever, shall be deemed guilty of a felony and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine not less than one thousand dollars nor more than ten thousand dollars and by imprisonment not less than one year nor more than three years. [34 Stat. L. 1264.] [Exceptions to farmers, retailers, etc. - punishment for sale, etc., of unwholesome products — maintenance of inspection authorized.] That the provisions of this Act requiring inspection to be made by the Secretary of Agriculture shall not apply to animals slaughtered by any farmer on the farm and sold and transported as interstate or foreign commerce, nor to retail butchers and retail dealers in meat and meat food products, supplying their customers: Provided, That if any person shall sell or offer for sale or transportation for interstate or foreign commerce any meat or meat food products which are diseased, unsound, unhealthful, unwholesome, or otherwise unfit for human food, knowing that such meat food products are intended for human consumption, he shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars or by imprisonment for a period of not exceeding one year, or by both such fine and imprisonment: Provided also, That the Secretary of Agriculture is authorized to maintain the inspection in this Act provided for at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment notwithstanding this exception, and that the persons operating the same may be retail butchers and retail dealers or farmers; and where the Secretary of Agriculture shall establish such inspection then the provisions of this Act shall apply notwithstanding this exception. [34 Stat. L. 1265.] [Detailed report of estimates.] And the Secretary of Agriculture shall, in his annual estimates made to Congress, submit a statement in detail, showing the number of persons employed in such inspections and the salary or per diem paid to each, together with the contingent expenses of such inspectors and where they have been and are employed. [34 Stat. L. 1265.] The above provisions occur also in the Agricultural Appropriation Act of June 30, 1906, ch. 3913, closing on page 679 of vol. 34, Stat. at L. In that Act, however, is the following permanent appropriation: "That there is permanently appropriated, out of any money in the Treasury not otherwise appropriated, the sum of three million dollars, for the expenses of the inspection of cattle, sheep, swine, and goats and the meat and meat food products thereof which enter into interstate or foreign commerce and for all expenses necessary to carry into effect the provisions of this Act relating to meat inspection, including rent and the employment of labor in Washington and elsewhere, for each year." [34 Stat. L. 674.] ́ [SEC. 1.] [Inspection of dairy products for export serums, etc., for treatment of diseases of animals.] * * That the Act of March third, eighteen hundred and ninety-one, as amended March second, eighteen hundred and ninety-five, for the inspection of live cattle and products thereof, shall be deemed to includé dairy products intended for exportation to any foreign country, and the Secretary of Agriculture may apply, under rules and regulations to be prescribed by him, the provisions of said Act for inspection and certification appropriate for ascertaining the purity and quality of such products, and may cause the same to be so marked, stamped, or labeled as to secure their identity and make known in the markets of foreign countries to which they may be sent from the United States their purity, quality, and grade; and all the provisions of said Act relating to live cattle and products thereof for export shall apply to dairy products so inspected and certified: Provided also, That the Secretary of Agriculture is authorized to purchase in the open market samples of all tuberculin serums, antitoxins, or analogous products, of foreign or domestic manufacture, which are sold in the United States for the detection, prevention, treatment, or cure of diseases of domestic animals, to test the same and to publish the results of said tests in such manner as he may deem best. [35 Stat. L. 254.] This is from the Agricultural Appropriation Act of May 23, 1908, ch. 192. The Act of March 3, 1891, as amended by the Act of March 2, 1895, above mentioned, is given in 1 Fed. Stat. Annot. 448. 52 ANTIQUITIES. Act of June 8, 1906, Ch. 3060, 53. Sec. 1. American Antiquities - Penalty for Unauthorized Excavations, etc., 53. 2. Setting Apart of Historic, etc., Public Lands - Relinquishment of Private Claims, 53 3. Permits for Excavations, etc. Preservation în Museums, 53 4. Regulations, 54. CROSS-REFERENCE. See PUBLIC PARKS. An Act For the preservation of American antiquities. [Act of June 8, 1906, ch. 3060, 34 Stat. L. 225.] [SEC. 1.] [American antiquities - penalty for unauthorized excavations, etc.] That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. [34 Stat. L. 225.] SEC. 2. [Setting apart of historic, etc., public lands—relinquishment of private claims.] That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States. [34 Stat. L. 225.] SEC. 3. [Permits fór excavations, etc. — preservation in museums.] That permits for the examination of ruins, the excavation of archæological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, univer sities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gathering shall be made for permanent preservation in public museums. [34 Stat. L. 225.] SEC. 4. [Regulations.] That the Secretaries of the Departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this Act. [34 Stat. L. 225.] APPROPRIATIONS. See ESTIMATES, APPROPRIATIONS, and rePORTS. ARCHEOLOGICAL SITES. See ANTIQUITIES. ARIZONA. Admission into Union, see STATES. ARMY. See MILITIA; WAR DEPARTMENT AND MILITARY ESTABLISH MENT. ARSON. See PENAL LAWS. ASSAULT. See PENAL LAWS. ASSAY OFFICES. See COINAGE, MINTS, AND ASSAY OFFICES. ASYLUMS. See HOSPITALS AND ASYLUMS. ATTORNEY-GENERAL. See JUDICIAL OFFICers. BANKRUPTCY. Act of June 15, 1906, Ch. 3333. Sec. 1. Priority of Wages-Salesmen Added. An Act To amend section sixty-four of the bankruptcy Act. [Act of June 15, 1906, ch. 3333, 34 Stat. L. 267.] [SEC. 1.] [Priority of wages-salesmen added.] That clause four of subdivision B of section sixty-four of said Act is hereby amended so as to read as follows: "Fourth. Wages due to workmen, clerks, traveling or city salesmen, or servants which have been earned within three months before the date of commencement of proceedings, not to exceed three hundred dollars to each claimant." [34 Stat. L. 267.] The original provision of the Bankruptcy Act here amended is contained in 1 Fed. Stat. Annot. 685. 66 Commissions due a traveling salesman employed by the bankrupt are wages " within the meaning of this amendment, and the debt consequently is entitled to priority. In re Dexter, (C. C. A.) 158 Fed. 788. In holding that the claimant was a salesman within the meaning of this chapter, and that the term "wages" comprehends commissions, the court said: "The contract shows that he was hired as a 'salesman,' that his service was confined to a certain territory, and that his responsibility began and ended with the obtaining of orders in that territory from a price list furnished by the company, and having them sent in to his employer. That some of these orders were not solicited by Barden personally, but must have been taken, as the referee finds, ' either by others or sent by mail to his office in accordance with the instructions in the trade circular,' is not a circumstance which is sufficient to take Barden out of the category of traveling salesmen, since a traveling salesman is sometimes entitled to commissions upon all the orders which are sent in from his allotted territory. Nor do the other facts, that Barden had an office in Boston and paid the expenses incident thereto, that all orders were first sent to this office, and that in the trade circular sent out by his employer he was called its specially authorized representative in the United States,' change in any material way the real character of the service for which he was employed. The remaining ques tion is whether the word 'wages' in any way limits the class of traveling salesmen who are included within this provision of the Bankruptcy Act. If this provision had been restricted to 'workmen' and servants,' it might perhaps be urged that 'wages' should be construed in its narrow and popular sense as meaning the payment of a fixed sum per day, week, or month for manual labor, or other labor of a menial or mechanical kind. But since this provision also includes 'clerks' and traveling or city salesmen,' if we construe 'wages' in this narrow sense we necessarily limit the operation of the statute to those clerks and traveling salesmen who happen to be paid for their services in a particular way; in other words, the question of preference is made to turn upon the mode of payment rather than upon the kind of service rendered. The result would be that a clerk who was paid a fixed sum per day, week, or month, which during the year amounted to $1,000, would be entitled to a preference, while a clerk who was paid this sum in the form of a yearly salary would be excluded; and, further, a traveling salesman who was paid a fixed sum of $100 or $500 a month would be entitled to a preference, while a traveling salesman who only earned from $30 to $40 per month in the form of commissions would be excluded. It is plain, therefore, that 'wages' must be construed in its broader and more general sense as meaning compensation for services rendered, since to hold otherwise would lead to glaring inconsistencies and manifest injustice." |