[H.J.Res. 371]

JOINT RESOLUTION

Authorizing the creation of a Federal Memorial Commission to consider and formulate plans for the construction, on the apex block, Constitution and Pennsylvania Avenues, in the city of Washington, District of Columbia, of a permanent memorial to the memory of Thomas Jefferson, third President of the United States and author of the Declaration of Independence.

Whereas there exists no adequate permanent national memorial to Thomas Jefferson in the Nation's Capital; and

Whereas the American people feel a deep debt of gratitude to Thomas Jefferson and in honor of the services rendered by him: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established a commission, to be known as the "Thomas Jefferson Memorial Commission ", for the purpose of considering and formulating plans for designing and constructing a permanent memorial in the city of Washington, District of Columbia. Said Commission shall be composed of twelve commissioners as follows: Three persons to be appointed by the President of the United States, three Senators by the President of the Senate, three Members of the House of Representatives by the Speaker of the House of Representatives, and three members of the Thomas Jefferson Memorial Foundation, Incorporated, to be selected by such foundation.

SEC. 2. The Thomas Jefferson Memorial Commission may in its discretion accept from any source, public or private, money or property to be used for the purpose of making surveys and investigations, formulating, preparing, and considering plans and estimates for the improvement, construction, or other expenses incurred, or to be incurred.

SEC. 3. That said Commission shall annually submit to Congress a report of the progress of the work of the Commission.

Approved, June 26, 1934.

(387)

[H. R. 12027]

AN ACT

To authorize the execution of plans for a permanent memorial to Thomas Jefferson.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Thomas Jefferson Memorial Commission (hereinafter referred to as the Commission), heretofore created for the purpose of considering and formulating plans for designing and constructing a permanent memorial in the city of Washington, District of Columbia, to the memory of Thomas Jefferson, shall determine upon a plan and design for, and proceed with the construction of, such memorial upon a site selected by the Commission, under a contract or contracts hereby authorized to be entered into in a total sum not exceeding $3,000,000. SEC. 2. In the execution of its functions the Commission

(a) May designate as its executive agent any officer, agency, or establishment of the Federal Government qualified and equipped to act in that capacity, and any such officer, agency, or establishment so designated is authorized to act as such agent.

(b) May avail itself of the assistance and advice of the Commission of Fine Arts, and the Commission of Fine Arts shall, upon request, render such assistance and advice.

(c) May make expenditures for personal services without regard to the provisions of the civil-service laws and regulations or the Classification Act of 1923, as amended, the purchase or preparation of plans, designs, and estimates, printing and binding, office equipment and supplies, contract stenographic reporting service, books and periodicals, traveling expenses of members and employees of the Commission (including such expenses and allowances for members of the Commission when required to be in Washington, District of Columbia, in connection with the work of the Commission), and such other contingent and miscellaneous expenses as may be necessary: Provided, That section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5) shall not be construed to apply to any purchase or service rendered for the Commission under authority of this subsection.

Approved, June 3, 1936.

[S. 402]

AN ACT

To amend section 824 of the Code of Laws for the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 824 of the Code of Laws for the District of Columbia be, and the same is hereby, amended to read as follows:

"SEC. 824. UNLAWFUL ENTRY ON PRIVATE PROPERTY.-Any person who, without lawful authority, shall enter, or attempt to enter, a private dwelling or building against the will of the lawful occupant thereof, or being therein, without lawful authority to remain therein, shall refuse to quit the same on the demand of the lawful occupant thereof; or any person who, without lawful authority, shall enter, or attempt to enter, an unoccupied private dwelling or building against the will or consent of the lawful owner thereof, or his duly authorized agent, or being therein, without lawful authority to remain therein, shall refuse to quit the same on the demand of the lawful owner thereof or his duly authorized agent, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $50 or imprisonment in the jail for not more than six months, or both, in the discretion of the court." Approved, March 4, 1935.

99812-38-20

(389)

[S. 403]

AN ACT

To amend the Act of Congress approved March 1, 1899, entitled "An Act to authorize the Commissioners of the District of Columbia to remove dangerous and unsafe buildings and parts thereof, and for other purposes", and to further amend said Act by adding at the end thereof new sections numbered 5 and 6.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of March 1, 1899, is hereby amended to read as follows:

"That if in the District of Columbia any building or part of a building, staging, or other structure, or anything attached to or connected with any building or other structure or excavation, shall, from any cause, be reported unsafe, the inspector of buildings shall examine such structure or excavation, and if, in his opinion, the same be unsafe, he shall immediately notify the owner, agent, or other persons having an interest in said structure or excavation, to cause the same to be made safe and secure, or that the same be removed, as may be necessary. The person or persons so notified shall be allowed until 12 o'clock noon of the day following the service of such notice in which to commence the securing or removal of the same; and he or they shall employ sufficient labor to remove or secure the said building or excavation as expeditiously as can be done: Provided, however, That in a case where the public safety requires immediate action the inspector of buildings may enter upon the premises, with such workmen and assistants as may be necessary, and cause the said unsafe structure or excavation to be shored up, taken down, or otherwise secured without delay, and a proper fence or boarding to be put up for the protection of passersby.

"SEC. 2. That when the public safety does not, in the judgment of the inspector of buildings, demand immediate action, if the owner, agent, or other party interested in said unsafe structure or excavation, having been notified, shall refuse or neglect to comply with the requirements of said notice within the time specified, then a careful survey of the premises shall be made by three disinterested persons, one to be appointed by the Commissioners of the District of Columbia, one by the owner or other person interested, and the third to be chosen by these two, and the report of said survey shall be reduced to writing, and a copy served upon the owner or other interested party; and if said owner or other interested party refuse or neglect to appoint a member of said board of survey within the time specified in said notice, then the survey shall be made by the inspector of buildings and the person chosen by the Commissioners, and in case of disagreement they shall choose a third person, and the determination of a majority of the three so chosen shall be final.

"SEC. 3. That whenever the report of any such survey shall declare the structure or excavation to be unsafe, or shall state that structural repairs should be made in order to place the said structure

or excavation in a fit condition for further occupancy or use, and the owner or other interested person shall for ten days neglect or refuse to cause such structure or excavation to be taken down or otherwise to be made safe, the inspector of buildings shall proceed to make such structure or excavation safe or remove the same. After the expiration of the ten days in which the owner or other interested person is given to make the structure or excavation safe, or to be taken down or removed, the owner or other interested person, having failed to comply with the provision of the report of the board of survey, shall not enter, or cause to be entered, the premises for the purpose of making the repairs ordered, or razing the building, as the case may be; or in any other way to interfere with the authorized agents of the District of Columbia in making the said structure or excavation safe, or in removing same, without first having obtained the written consent of the Commissioners of the District of Columbia or their duly authorized representatives. The inspector of buildings shall report the cost and expense of said work to the Commissioners of the said District, who shall assess the amount thereof upon the lot or ground whereon such structure or excavation stands, or stood, or was dug, and unless the said assessment is paid within ninety days from the service of notice thereof on the agent or owner of such property, the same shall bear interest at the rate of 10 per centum per annum from the date of such assessment until paid, and shall be collected as general taxes are collected in said District; but said assessment shall be without prejudice to the right which the owner may have to recover from any lessee or other person liable for repairs.

"SEC. 4. That the existence on any lot or parcel of land, in the District of Columbia, of any uncovered well, cistern, dangerous hole, excavation, or of any abandoned vehicles of any description or parts thereof, miscellaneous materials or debris of any kind, including substances that have accumulated as the result of repairs to yards or any building operations, insofar as they affect the public health, comfort, safety, and welfare is hereby declared a nuisance dangerous to life and limb, and any person, corporation, partnership, syndicate, or company, owning a lot or parcel of land in said District on which such a nuisance exists who shall neglect or refuse to abate the same to the satisfaction of the Commissioners of the District of Columbia, after five days' notice from them to do so, shall, on conviction in the police court be punished by a fine of not exceeding $50 for each and every day said person, corporation, partnership, or syndicate, fails to comply with such notice. In case the owner of, or agent or other party interested in, any lot or parcel of land in the District of Columbia, on which there exists an open well, cistern, dangerous hole or excavation, or any abandoned or unused vehicles or parts thereof, or miscellaneous accumulation of material or debris which affects public safety, health, comfort, and welfare, shall fail, after notice aforesaid, to abate said nuisance within one week after the expiration of such notice, the said Commissioners may cause the lot or parcel of land on which the nuisance exists to be secured by fences or otherwise enclosed, and the removal of any abandoned vehicles, parts thereof or miscellaneous accumulation of material or debris adversely affecting the public safety, health, comfort, and