of an Act relating to the Philippine Islands approved February sixth, nineteen hundred and five. fected. Nothing in this section contained shall in any way affect any legal Prior acts not af proceeding that has been or may be lawfully commenced at any time by reason of any act or omission done or committed before the date upon which this Act goes into force and effect. SEC. 21. That the index and repertory hereto attached are not an integral part of the tariff law and shall not be construed to alter or change the same in any way. SEC. 22. That the entry of all importations at the ports of the Philip- Consular invoices. pine Islands made subsequent to a period of sixty days from the date this revised tariff goes into force and effect, of goods, wares, and merchandise from countries other than the United States, when the value of such importation exceeds one hundred dollars, shall be accompanied by a consular invoice similar to that required for goods imported into the United States from foreign countries and executed as required for importations into the United States; and when brought into the Philippine Islands from the United States, such importations shall be accompanied by an invoice similar in form to the consular invoices required for importations into the United States, but in lieu of execution by a consul of the United States, such invoices shall be sworn to before a United States commissioner, collector of customs, or deputy collector of customs. Drawbacks on imported materials if Provisos. Existing drawbacks to continue. Payment of draw SEC. 23. That where imported materials on which duties have been paid are used in the manufacture or production of articles manufac- exported. tured or produced in the Philippine Islands, there shall be allowed on the exportation of such articles a drawback equal in amount to the duties paid on the materials used, less one per centum of such duties: Provided, That when the articles exported are made in part from domestic materials the imported materials, or the parts of the articles part of domestic mamade from such materials, shall so appear in the completed articles terials. that the quantity or measure thereof may be ascertained: And provided further, That the drawback on any article allowed under existing law shall be continued at the rate herein provided. That the imported materials used in the manufacture or production of articles backs. entitled to drawback of customs duties when exported shall, in all cases where drawback of duties paid on such materials is claimed, be identified, the quantity of such materials used and the amount of duties paid thereon shall be ascertained, the facts of the manufacture or production of such articles in the Philippine Islands and their exportation therefrom shall be determined, and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, to the agent of either or to the person to whom such manufacturer, producer, exporter, or agent shall in writing order such drawback paid, under such regulations as the governor-general shall prescribe. SEC. 24. That this Act shall be known and referred to as the Philippine tariff revision law of nineteen hundred and five. SEC. 25. That this Act shall take effect sixty days after its passage. Title of act. Effect. CHAP. 1409.-An Act For the extension of M street east of Bladensburg road, and for other purposes. March 3, 1905. [S. 1635.] [Public. No. 142.] District of Columbia. road. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That within twenty days Extension of M street after the dedication to the District of Columbia of at least two-thirds east of Bladensburg of the land necessary for the extension of M street as hereinafter described the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to institute in the supreme court VOL XXXIII, PT 1-62 demn lands for. of the District of Columbia, sitting as a district court, by petition par Proceedings to con- ticularly describing the lands to be taken, a proceeding in rem to con demn the land that may be necessary for the extension of M street, with a width of ninety feet, from Bladensburg road east to Twentyeighth street. Assessment of damages and benefits. Proviso. -Rejection of awards, etc. Notice of proceed ings. Advertisement. Personal service. Jury. Duties. SEC. 2. That the entire amount found to be due and awarded as damages for and in respect of the land condemned for the extension of M street as herein provided shall be assessed by the jury hereinafter provided for as benefits, and to the extent of such benefits, against those pieces or parcels of land on each side of said street as extended, and also on any or all pieces or parcels of land which will be benefited by the extension of said street as said jury may find said pieces or parcels of land will be benefited, and in determining the amounts to be assessed against said pieces or parcels of lands the jury shall take into consideration the respective situations of such pieces or parcels of land and the benefits they may severally receive from the extension of said street as aforesaid, and the verdict of said jury shall also be for a sufficient sum to cover all the costs of the condemnation proceedings herein provided for: Provided, That the remaining portion of any parcel of land of any party dedicating shall be exempt from any assessment in respect to the cost of condemning any portion of said street that may not be dedicated or from any assessment for benefits of the extension of M street. SEC. 3. That the said court shall cause public notice of not less than ten days to be given of the filing of said proceedings, by advertisement in such manner as the court shall prescribe, which notice shall warn all persons having any interest in the proceedings to attend court at a day to be named in said notice and to continue in attendance until the court shall have made its final order ratifying and confirming the award of damages and assessment of benefits of the jury; and in addition to such public notice said court, whenever in its judgment it is practicable to do so, may cause a copy of said notice to be served by the marshal of the District of Columbia or his deputies upon such owners of the land to be condemned as may be found by said marshal or his deputies within the District of Columbia. SEC. 4. That after the return of the marshal and the filing of proof of publication of the notice provided for in the preceding section, said court shall cause a jury of seven judicious, disinterested men, not related to any person interested in the proceedings, and not in the service or employment of the District of Columbia or of the United States, to be summoned by the marshal of the District of Columbia, to which jurors said court shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned nor are in any way related to the parties interested therein, and that they will, without favor or partiality, to the best of their judgment, assess the damages each owner of land taken may sustain by reason of the extension of said street and the condemnation of lands for the purposes of such extension, and assess the benefits resulting therefrom as hereinHearing of objec before provided. The court, before accepting the jury, shall hear any objections that may be made to any member thereof, and shall have full power to decide upon all such objections and to excuse any juror or cause any vacancy in the jury, when empaneled, to be filled; and after said jury shall have been organized and shall have viewed the premises, said jury shall proceed, in the presence of the court, if the court shall so direct, or otherwise as the court may direct, to hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia and by any person or persons having any interest in the proceedings for the extension of said street. When the bearing is concluded the jury, or a majority of them, shall return to said court, in writing, its verdict of the amount to be found due and payable as tions. Verdict. damages sustained by reason of the extension of said street under the provisions thereof, and of the pieces or parcels of land benefited by such extension and the amount of the assessment for such benefits against the same, including its proportionate share of the cost of the condemnation proceedings herein provided for. parts of lot. SEC. 5. That if the use of a part only of any piece or parcel ofDetermining value ground shall be condemned, the jury, in determining its value, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension of said street or highway, but such benefits shall be considered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be taken as herein before provided. Review of verdict. SEC. 6. That the court shall have power to hear and determine any objections which may be filed to said verdict or award, and to set aside and vacate the same, in whole or in part, when satisfied that it is unjust or unreasonable, and in such event a new jury shall be summoned, who shall proceed to assess the damages or benefits, as the case may be, in respect of the land as to which the verdict may be vacated, as in the case of the first jury: Provided, That if vacated in part, the residue of the verdict and award as to the land condemned or assessed shall not be affected thereby: And provided further, That the Filing exceptions. exceptions or objections to the verdict and award shall be filed within thirty days after the return of such verdict and award. Provisos. Action if vacated in part. SEC. 7. That when the verdict of said jury shall have been finally Payment of awards. ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken under the provisions hereof shall be paid to the owners of said land by the Treasurer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrant of the Commissioners of said District, out of the revenues of the District of Columbia; and District revenues. a sufficient sum to pay the amounts of said judgments and awards is hereby appropriated out of the revenues of the District of Columbia. Appropriation from Collection of assess ments. SEC. 8. That when confirmed by the court, the several assessments herein provided to be made shall severally be a lien upon the land assessed, and shall be collected as special improvement taxes in the District of Columbia, and shall be payable in two equal annual installments, with interest at the rate of ten per centum per annum from and after sixty days after the confirmation of the verdict and award. In all cases of payments the accounting officers shall take into account ducted from benefits. the assessment for benefits and the award for damages, and shall pay only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such lot not taken, and there shall be credited on said assessment the amount of said award not in excess of said assessment. Damage awards de SEC. 9. That said court may allow amendments in form or substance Proceedings. in any petition, process, record, or proceeding, or in the description of property proposed to be taken, or of property assessed for benefits whenever such amendments will not interfere with the substantial rights of the parties interested. SEC. 10. That each juror shall receive as compensation the sum of five dollars per day for his services during the time he shall be actually engaged in such services under the provisions hereof. SEC. 11. That the sum of three hundred dollars is hereby appropriated, out of the revenues of the District of Columbia, to provide the necessary funds for the costs and expenses of the condemnation proceedings taken pursuant hereto, to be repaid to the District of Columbia from said assessments for benefits when the same are collected as herein provided. Compensation of Jurors. Appropriation for expenses. opening of street, etc. SEC. 12. That no appeal by any interested party from the decision Appeals not to delay of the supreme court of the District of Columbia confirming the assess ment or assessments of benefits or damages herein provided for, nor any other proceeding at law or in equity by such party against the confirmation of such assessment or assessments, shall delay or prevent the payment of award to others in respect to the property condemned, nor delay or prevent the taking of any of said property sought to be condemned, nor the opening of such street: Provided, however, That Payment of final upon the final determination of said appeal or other proceeding at law or in equity the amount found to be due and payable as damages sustained by reason of the extension of said street under the provisions hereof shall be paid as hereinbefore provided. Proviso decision. Approved, March 3, 1905. March 3, 1905. [S. 2605.] [Public, No. 143.] Navy. Appointment of Schwerin as assistant ized. CHAP. 1410.-An Act To authorize the appointment of Acting Assistant Surgeon Leopold Herbert Schwerin, United States Navy, as an assistant surgeon in the United States Navy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he Leopold Herbert is hereby, authorized, by and with the advice and consent of the Sensurgeon in, author ate, to appoint Acting Assistant Surgeon Leopold Herbert Schwerin, United States Navy, as an assistant surgeon in the United States Navy, with the rank of lieutenant (junior grade), to take rank and position at the foot of the list, whenever, before the expiration of his present acting commission, he shall successfully pass the examination prescribed by law for the appointment of medical officers of this grade. Approved, March 3, 1905. Examination. March 3, 1905. [S. 2697.] [Public, No. 144.] Park. CHAP. 1411.-An Act To amend an Act authorizing the Secretary of War to cause to be erected monuments and markers on the battlefield of Gettysburg, Pennsylvania, to commemorate the valorous deeds of certain regiments and batteries of the United States Army. Be it enacted by the Senate and House of Representatives of the United Gettysburg National States of America in Congress assembled, That the Act of Congress Erection of monu- authorizing the Secretary of War to cause to be erected monuments ments to Regular and markers on the battlefield of Gettysburg, in the State of PennsylVol. 32, p. 838, vania, to commemorate the valorous deeds of certain regiments and Battery E. Fourth batteries of the United States Army, approved the eighteenth of Feb Army regiments, etc. amended. Artillery, added. Appropriation. ruary, nineteen hundred and three, be, and hereby is, amended by adding to the names of batteries therein mentioned Battery E, Fourth United States Artillery. And for the purpose of carrying out the provisions of said Act as hereby amended the sum of one thousand five hundred dollars is hereby appropriated out of any money not otherwise appropriated. Approved, March 3, 1905. March 8, 1905. [S. 3343.] [Public, No. 145.] District of Columbia. CHAP. 1412.-An Act To authorize the Anacostia, Surrattsville and Brandywine Electric Railway Company to extend its street railway in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United Anacostia, Surratts States of America in Congress assembled, That the Anacostia, Surrattsville and Brandywine ville and Brandywine Electric Railway Company, a body incorporated pany may extend line under the laws of the State of Maryland, be, and it is hereby, authorized to extend its line of street railway within the District of Columbia, with single or double tracks, equip and operate the same for the carry Electric Railway Com in. Provisos. Dedication to the ing of passengers, parcels, milk, garden truck, and other small freight, with the necessary switches, turn-outs, buildings, and necessary mechanical devices, along the following-named route: Beginning where Description of route. the Walker road intersects the line dividing the District of Columbia and Prince George County, State of Maryland, designated on the map of the District of Columbia; thence along saia Walker road northwesterly to Goodhope, District of Columbia; thence westerly along Goodhope road as designated on the map of the District of Columbia to its intersection with Harrison street, Anacostia, District of Columbia; thence westerly along Harrison street to its intersection with Monroe street, Anacostia, District of Columbia, to a junction with the street railway of the Anacostia and Potomac River Railroad Company: Provided, That the said company shall acquire hereby no right to extend its said railway over, along, or upon any portion of the aforementioned route which is not now a dedicated road or street of the said District until it shall have obtained the written consent of the owners of the real property covered thereby, or acquire said right of way by condemnation: Provided, That when the route described coin- County roads. cides with that of a county road of less width than sixty feet the railway shall be constructed entirely outside the road: And provided further, That whenever said road shall be widened the Commissioners Location of tracks. of the District of Columbia are authorized to require that the tracks of said railway company shall be located in the center of the road as widened: Provided, That if at any time in the future any part of the right of way of the company shall be included within the lines of public highways, such part of the said right of way shall be dedicated to the public without expense to the District of Columbia. SEC. 2. That the Anacostia, Surrattsville and Brandywine Electric Use of tracks, etc. Railway Company and the Anacostia and Potomac River Railroad Potomac River RailCompany shall have the power to make any contracts that they may deem necessary to enable the said companies to run passenger cars of each over the tracks of the other company, and also to contract for and use the power of each or either company to propel the cars of the other company. That in case of failure to reach an agreement upon Failure to agree. terms mutually agreeable to each of said companies, then the supreme court of the District of Columbia is hereby authorized and directed to give hearings to the interested parties and fix the terms of joint trackage. Payments for the use of the tracks shall be made monthly, in advance; default in such payments shall suspend the right of the company to use the tracks until such payments are made; that the motive power shall be cable, electric, compressed air, or mechanical power other than steam locomotive power; and wherever the trolley system is used a return wire, similar in capacity, situation, and insulation to the feed wire, shall be provided for the current, and each car shall be provided with a double trolley; and no dynamo furnishing power to the road, or any portion thereof, shall have either of its poles connected with the earth. SEC. 3. That all plans of location and construction shall be subjected to the approval of the Commissioners of the District of Columbia. public. with Anacostia and road. Payments. Plans. tions. SEC. 4. That excavations in the highways shall be made only under Highway permits from the Commissioners of the District of Columbia, and subject to regulations prescribed by them, SEC. 5. That the said railway and is appurtenances shall be construrted in a substantial and durable manner, subject to inspection by the Commissioners of the District of Columbia. All changes to existing structures in public space shall be made at the expense of the company. SEC. 6. That the said company shall deposit such sums as the Commissioners of the District of Columbia may require to cover the cost excava Construction and changes. etc. Cost of inspection, |