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of Commerce, to be transmitted through the State Department to said Secretary. And section 11 of said act, ante, § 292, provided for a Chief of Bureau and assistants, in the State Department, to formulate, for the instruction of consular officers, the requests of the Secretary of Commerce, and to prepare, from the dispatches of such officers, information pertaining to the work of the Department of Commerce.

The requirement that the Secretary of State should annually lay before Congress a synopsis of information communicated to him by diplomatic and consular officers during the preceding year, may be regarded as also applicable to the Secretary of Commerce, under said provisions of Act Feb. 14, 1903, c. 552, §§ 4, 5, 10, 11, referred to above.

Provisions subsequent to this section, but previous to said Act Feb. 14, 1903, relating to the publication of such information by the State Department, contained in Act June 16, 1880, c. 235, § 1, Act Feb. 25, 1885, c. 150, and Act Feb. 9, 1903, c. 530, are set forth post, §§ 863-865.

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§ 863. (Act June 16, 1880, c. 235, § 1.) Sale of commercial reports. For printing and distributing more frequently the publications by the Department of State of the consular and other commercial reports, including circular letters to chambers of commerce, Provided, that such publications may be sold at such rates as may be fixed by said department, and the proceeds of all sales to be paid into the Treasury. (21 Stat. 271.)

This was a provision of the sundry civil appropriation act for the fiscal year 1882, cited above.

See notes to R. S. § 211, ante, § 862.

§ 864. (Act Feb. 25, 1885, c. 150.) Discussions in commercial reports of partisan questions not to be published.

For printing and distributing the publications by the Department of State of the consular and other commercial reports, including circular letters to chambers of commerce, * * Provided, That no part of such reports discussing partisan political, religious, or moral questions shall be published. (23 Stat. 324.)

This was a provision of the diplomatic and consular appropriation act for the fiscal year 1886, cited above.

The same provision was contained in the similar appropriation act for the preceding year.

See notes to R. S. § 211, ante, § 862.

§ 865. (Act Feb. 9, 1903, c. 530.) Terms of measure, weight, and money in commercial reports.

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Preparation, printing, publication, and distribution by the Department of State of the diplomatic, consular, and other commercial reports, Provided, That all terms of measure, weight, and money shall be reduced to and expressed in terms of measure, weight, and coin of the United States, as well as in the foreign terms. (32 Stat. 813.)

This was a provision of the diplomatic and consular appropriation act for the fiscal year 1904, cited above.

Provisions to the same effect were contained in the similar acts for several preceding years. In the later acts, a further provision was added limiting the number of copies of each issue. But this limitation and subsequent provisions of the same nature were superseded by the provisions for the printing of daily consular reports contained in Act June 25, 1910, c. 388, § 1, post, § 7122.

§ 866. (R. S. § 443.) Supervision of census.

The Secretary of the Interior shall exercise supervisory and appellate powers in relation to all acts of marshals and others in taking and returning the census of the United States.

Act March 3, 1849, c. 108, § 7, 9 Stat. 395.

The powers of the Secretary of the Interior in regard to supervision of the census, conferred by this section, were vested in the Secretary of Commerce, by provisions of the act establishing the Department of Commerce, Act Feb. 14, 1903, c. 552, §§ 4, 5, 10, ante, §§ 857, 859, and post, § 875, which transferred to the Department from the Department of the Interior the Census Office and all that pertains to the same, and vested in the Secretary of Com

merce the duties, powers, etc., possessed or exercised by the head of any executive department over any branch of the public service so transferred. Notes of Decisions

See (1899) 22 Op. Atty. Gen. 413. Cited without definite application, Stoneroad v. Stoneroad (1895) 15 Sup.

Ct. 822, 825, 158 U. S. 240, 39 L. Ed. 966.

§ 867. (Act Feb. 14, 1903, c. 552, § 8.) Annual report to Congress; special investigations and reports.

The Secretary of Commerce and Labor shall annually, at the close of each fiscal year, make a report in writing to Congress, giving an account of all moneys received and disbursed by him and his Department, and describing the work done by the Department in fostering, promoting, and developing the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery industries, and the transportation facilities, of the United States, and making such recommendations as he shall deem necessary for the effective performance of the duties and purposes of the Department. He shall also from time to time make such special investigations and reports as he may be required to do by the President, or by either House of Congress, or which he himself may deem necessary and urgent. (32 Stat. 829.)

See note to section 1 of this act, ante, § 853, as to change of designations of Department and of Secretary.

The requirement of R. S. § 208, ante, § 306, that the Secretary of State should annually lay before Congress certain commercial information, may be regarded as applicable to the Secretary of Commerce, under the provisions of sections 4, 5, 10, of this act, ante, §§ 857, 859, and post, § 875, which transfer to the Department of Commerce authority over the subjects of the statements required, and vest in the Secretary of Commerce the duties, powers, etc., over such branches of the public service previously possessed or exercised by the Secretary of State.

The statements of commercial information required by R. S. § 208, ante, § 306, were described in the first, second, and sixth subdivisions of said section, as follows:

"First. A statement, in a compendious form, of all such changes and modifications in the commercial systems of other nations, whether by treaties, duties on imports and exports, or other regulations, as shall have been communicated to the Department, including all commercial information contained in the official publications of other governments, which he shall deem sufficiently important.

"Second. A synopsis of so much of the information which may have been communicated to him by diplomatic and consular officers during the preceding year as he may deem valuable for public information; specifying the names of any consuls or commercial agents who may have been remiss in transmitting commercial information."

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"Sixth. A statement of the lists of passengers arriving in the United States from foreign places, returned to him quarter-yearly by the collectors of customs."

See notes to R. S. § 211, ante, § 862.

Other provisions, requiring reports, etc., by the Secretary of the Treasury, which in like manner may be regarded as applicable to the Secretary of Commerce, contained in R. S. §§ 259, 263-265, are set forth post, $$ 868, 869, 871, 872.

§ 868. (R. S. § 259, as amended, Act Feb. 27, 1877, c. 69, § 1.) Report of statistics.

The Secretary of the Treasury shall make a report to Congress on the first Monday of January in each year, containing the results of the information collected during the preceding year, by the Bureau of Statistics, upon the condition of the manufactures, domestic trade, currency, and banks of the several States and Territories.

Res. June 15, 1844, No. 16, 5 Stat. 719. Act Feb. 27, 1877, c. 69, 19 Stat. 241.

The amendment of this section by Act Feb. 27, 1877, c. 69, § 1, cited above,

consisted in the omission of the word "agriculture," preceding the word "manufactures," in the section as originally enacted.

The collection of such statistics was provided for by R. S. §§ 334-342, post, $$ 877-880, 882, 884, 886-888.

The duties, powers, etc., of the Secretary of the Treasury under this section and R. S. § 263, post, § 869, as to reports on statistics collected by the Bureau of Statistics, were vested in the Secretary of Commerce by the transfer of said Bureau to the Department of Commerce, and the giving to the Secretary of Commerce control of the work of gathering and distributing statistical information relating to the subjects confided to his Department, and the vesting in him the duties, powers, etc., possessed or exercised by the head of any executive department in or over any bureau, etc., so transferred, or any business arising therefrom or pertaining thereto, etc., by provisions of Act Feb. 14, 1903, c. 552, §§ 4, 10, ante, §§ 857, 859.

§ 869. (R. S. § 263.) Printing report on commerce and navigation. The Secretary of the Treasury shall cause the annual report on the statistics of commerce and navigation, required from the Chief of the Bureau of Statistics, to be prepared and printed according to law, and to be submitted to Congress at as early a day in each regular session as practicable, and not later than the first Monday in January.

Act Feb. 10, 1820, c. 11, § 1, 3 Stat. 541. Act Sept. 16, 1850, c. 55, §§ 1, 2, 9 Stat. 459. Act July 28, 1866, c. 298, § 13, 14 Stat. 331.

See note to R. S. § 259, ante, § 868.

The making of the annual report on statistics of commerce and navigation mentioned in this section was provided for by R. S. § 336, post, § 879. The printing and distribution of the report were provided for by the Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, par. 37, post, § 7084.

§ 870. (R. S. § 251.) Forms of statements of state of commerce and navigation.

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shall also prescribe the

The Secretary of the Treasury forms of the annual statements to be submitted to Congress by him showing the actual state of commerce and navigation between the United States and foreign countries, or coastwise between the collection districts of the United States, in each year.

Res. May 14, 1856, No. 9, 11 Stat. 144.

This was a provision at the end of R. S. § 251, following the provisions authorizing the Secretary of the Treasury to make rules and regulations and to prescribe forms to be used in the execution of various revenue and other laws, set forth ante, § 384. But this provision may be regarded as applicable to the Secretary of Commerce by the vesting in him of the duties, powers, etc., of the Secretary of the Treasury in regard to the statements mentioned therein, by provisions of Act Feb. 14, 1903, c. 522, §§ 4, 10, ante, §§ 857, 859. See note to R. S. § 259, ante, § 868.

Notes of Decisions

See, also, notes under § 384, ante.

Rules for transportation of appraised merchandise.-Under R. S. § 2989, post, 5682, the Secretary of the Treasury can make no regulations other than those which may be deemed expedient and necessary for the due execution of such parts of the revenue laws as relate to warehouses. But the provisions of this section comprehend the making of rules and regulations for the transportation of appraised merchandise in bond from one collection district to another, and they invest the Secretary with authority over that subject as ample as that which he formerly derived under Act Aug. 6, 1846, § 5, ante, § 384, and Act March 28, 1854, § 9, post, § 5682. (1876) 15 Op. Atty. Gen. 128.

1 U.S.COMP.'16-31

Values of foreign coin.-The statutes directing the secretary of the treasury to proclaim the values of foreign coin as expressed in the money of account of the United States (R. S. § 3564: 26 Stat. 624) do not require the secretary to take the valuation of such foreign coin as established by proclamation at the date of the entry, rather than at the date of exportation, in the estimate of the values of imported merchandise. And the secretary's proclamation of July 1, 1891, and the corresponding regulations of 1892, changing the time from the former to the latter date, are valid in view of this section and section 5603, post. Wood v. U. S. (1896) 72 Fed. 254, 18 C. C. A. 553, distinguishing Heinemann v. Arthur's Ex'rs (1887) 7 Sup. Ct. 446, 120 U. S. 82, 30 L. Ed. 605.

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§ 871. (R. S. § 265.) Printing statement of exports and imports. The Secretary of the Treasury shall furnish to the Congressional Printer on or before the first day of November of each year, the manuscript, prepared for printing, of a condensed statement of the aggregate amount of the exports and imports from foreign countries during the preceding fiscal year.

Res. March 3, 1863, No. 27, § 3, 12 Stat. 826.

See note to R. S. § 259, ante, § 868.

§ 872. (R. S. § 264.) Report of Coast-Survey expenditures. The Secretary of the Treasury shall report to Congress annually the number and names of the persons employed during the last preceding fiscal year upon the Coast Survey and business connected therewith; the amount of compensation of every kind respectively paid them, for what purpose, and the length of time employed; and shall report a full statement of all other expenditures made under the direction of the Superintendent of the Coast Survey.

Act March 3, 1853, c. 97, § 3, 10 Stat. 209. Act Aug. 15, 1876, c. 287, 19 Stat. 156.

The duties, powers, etc., of the Secretary of the Treasury under this section, as to reports of Coast Survey expenditures, were vested in the Secretary of Commerce by the transfer of the Coast and Geodetic Survey from the Treasury Department to the Department of Commerce, and the vesting in the head of that Department of the duties, powers, etc., possessed or exercised by the head of any executive department in or over any division of the public business so transferred, or any business arising therefrom or pertaining thereto, etc., by provisions of Act Feb. 14, 1903, c. 552, §§ 4, 10, ante, §§ 857, 859.

Cited without definite application, Imperial Water Co. No. 5 v. Holabird (1912) 197 Fed. 4, 116 C. C. A. 526.

CHAPTER B

The Bureau of Foreign and Domestic Commerce

A Bureau of Foreign Commerce in the State Department was so named under a provision of Act March 3, 1875, c. 123, § 1, 18 Stat. 349, having been called previously the Bureau of Statistics. The Bureau of Statistics in the Treasury Department was established under R. S. § 334, and its purpose was defined and provisions as to its duties, reports to be made by it, etc., were made by R. S. §§ 335-342. By the act establishing the Department of Commerce and Labor, Act Feb. 14, 1903, c. 552, § 4, ante, § 857, said Bureau of Foreign Commerce was transferred from the State Department to the Department of Commerce and Labor, and consolidated with said Bureau of Statistics, which was also transferred from the Treasury Department, the two to constitute one bureau, to be called the Bureau of Statistics, and powers were given to the Secretary of Commerce and Labor in regard to the collecting, distributing, etc., of statistical information.

Said act establishing the Department of Commerce and Labor also, by section 5 thereof, post, § 875, created a Bureau of Manufactures in the Department, and defined its province and duty, providing for gathering and distributing information and statistics concerning manufacturing industries and markets therefor.

Said Bureau of Manufactures and Bureau of Statistics were consolidated into one bureau, to be known as the Bureau of Foreign and Domestic Commerce, by a provision of Act Aug. 23, 1912, c. 350, § 1, post, § 873.

This chapter includes the provisions of said sections of the Revised Statutes and of subsequent acts, relating to the several bureaus so transferred, consolidated, etc., which remain in force and may be applicable to the consolidated bureau formed thereby, and further provisions relating to said Bureau of Foreign and Domestic Commerce.

Certain duties of the Bureau of Labor in the Department, prescribed by

Sec.

Act June 13, 1888, c. 389, § 7, post, § 947, were also transferred to said Bureau of Foreign and Domestic Commerce, by further provisions of said Act Aug. 23, 1912, c. 350, § 1, post, § 874.

873. Bureau of Foreign and Domestic Commerce; consolidation and transfer of duties of Bureau of Manufactures and Bureau of Statistics.

874. Transfer to Bureau of certain duties of Department of Labor; Bureau to make special investigations when required.

875. Former Bureau of Manufactures; duties of Bureau; consular reports.

876. Former Bureau of Manufactures; Assistant Chief of Bureau.

877. Former Bureau of Statistics in Treasury Department.

878. Purpose of the former Bureau of Statistics.

Sec.

880. Regulations imposed on collectors.
881. Returns by collectors of exports
by rail.

882. Coasting trade to be included.
883. Annual report of foreign and in-
terstate commerce, construction
and operation of railroads, cost
of transportation of freight and
passengers on railroads and on
canals, rivers, etc., and tonnage
transported.

884. Reports of exports and imports to
be prepared and published.

885. Reports of exports and imports to
be prepared and published quar-
terly.

886. Annual statement of vessels.
887. Annual statement of merchandise.

879. Annual report of commerce and 888. Statistics of manufactures.

navigation.

§ 873. (Act Aug. 23, 1912, c. 350, § 1.) Bureau of Foreign and Domestic Commerce; consolidation and transfer of duties of Bureau of Manufactures and Bureau of Statistics.

The Bureau of Manufactures and the Bureau of Statistics, both of the Department of Commerce and Labor, are hereby consolidated into one bureau to be known as the Bureau of Foreign and Domestic Commerce, to take effect July first, nineteen hundred and twelve, and the duties required by law to be performed by the Bureau of Manufactures and the Bureau of Statistics are transferred to and shall after that date be performed by the Bureau of Foreign and Domestic Commerce. (37 Stat. 407.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1913, cited above.

The Department of Commerce and Labor was to be called the Department of Commerce, by a provision of Act March 4, 1913, c. 141, § 1, post, § 932.

Provisions relating to the former Bureau of Manufactures and Bureau of Statistics, consolidated by this act, and prescribing their respective duties, etc., are set forth post, §§ 875-888.

Further provisions of this act, transferring to the Bureau certain duties of the Department of Labor or Bureau of Labor, and prescribing additional duties as to special investigations and reports, are set forth post, § 874.

Appropriations for the Bureau, including provisions for a Chief of Bureau, $4,000, Assistant Chiefs of Bureau, one at $3,000, one at $2,750, Chief of Division of Consular Reports, $2,500, chief clerk, $2,250, stenographer to the Chief of the Bureau, $1,600, and other clerks and employés, and to enable the Bureau to collate and publish tariffs of foreign countries, and to furnish information to Congress and the Executive relative to customs laws, etc., of foreign countries, and to further promote, etc., the foreign and domestic commerce of the United States, were made by further provisions of this act, Act Aug. 21, 1912, c. 350. § 1, 37 Stat. 407, and were repeated in the similar appropriation act for the fiscal year 1914, Act March 4, 1913, c. 142, § 1, 37 Stat. 748. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat., and were as follows: Chief, $6,000; assistant chiefsone $3,500, one $3,000; chiefs of divisions-one $2,500, one $2,000; assistant chiefs of divisions-one $2,250; chief clerk, $2,250; experts-one on merce and finance, $2,000; translators-one $2,000, one $1,400; stenographer to chief of bureau, $1,600 with clerks, messengers, and laborers.

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All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a.

The officers and employés of the United States whose salaries are appro

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