TITLE 5.-THE CRIMINAL CODE CHAPTER 11.-CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY * ARTICLE 8. CRIMES IN RELATION TO FIRES * 573. REGULATIONS FOR FIRE PROTECTION; VIOLATIONS.-The Governor of the Panama Canal is granted continuing authority to make regulations for prevention of, and protection against, fires in the Canal Zone: Provided, however, That no regulation made under this section shall have force or effect within the boundaries of any military or naval reservation in the Canal Zone, unless prescribed with the concurrence of the officers commanding the military and naval forces in the Canal Zone, as to the reservations within their respective jurisdictions. Any person who shall violate any of the regulations prescribed under this section shall be guilty of a misdemeanor. * CHAPTER 14.-CRIMES AGAINST PROPERTY ARTICLE 10.—MALICIOUS MISCHIEF, IN GENERAL 812. INJURING OR TAMPERING With MOTOR VEHICLE, LAUNCH OR AIRCRAFT.Every person who, without the consent of the owner of any motor vehicle: a. Willfully injures or tampers with such motor vehicle or the contents thereof; b. Breaks or removes any part or parts of or from such motor vehicle; c. Climbs into or upon such motor vehicle whether it is in motion or at rest, with intent to commit any malicious mischief, or injury or other crime; or d. Manipulates or attempts to manipulate any of the levers, starting mechanism, brakes or other mechanism or device of such motor vehicle while the same is at rest and unattended; Is guilty of a misdemeanor. As used in this section the term "motor vehicle" shall mean and include any automobile, motorcycle, other motor vehicle, motorboat or launch, or aircraft. Act of May 3, 1932: [That with respect to that parcel of land in the Panama Canal Zone known as the Paitilla Point Military Reservation, title to which was acquired by the Government of the United States under the conventions concluded on November 18, 1903, and September 2, 1914, between the United States and Panama, the Secretary of State be, and he is hereby, authorized and empowered to effect with the Republic of Panama a modification of the boundary line between the Panama Canal Zone and the Republic of Panama so that such line shall then run as follows: ["Beginning at a concrete monument marked 'E,' which is a point on the line on the north boundary of the Paitilla Point Military Reservation as shown on Panama Canal Drawing Numbered X-6053-1, whose geodetic coordinates are latitude eight degrees fifty-eight minutes plus four thousand four hundred and forty-five and six one-hundredths feet and longitude seventy-nine degrees thirtyone minutes plus nine hundred and twenty-three and fifty one-hundredths feet, and following along a course of south thirty-three degrees east for seven hundred and ninety feet to a concrete monument marked 'F'; thence along a course of south twenty-one degrees forty-five minutes east for a distance of four hundred and ninety feet to a concrete monument marked 'G'; thence along a course of south fifty-two degrees west for eight hundred and seventy feet to a concrete monument marked 'H'; thence along a course of south seventy-six degrees thirty minutes west for seven hundred and eighty feet more or less to a point marked 'I' on the map, which is an imaginary point located on the center line of the Matasnillo River, which forms the west boundary of the military reservation. All bearings are true. All coordinates are referred to the Panama Colon Datum." [SEC. 2. Nothing contained in this Act shall be construed to authorize the Secretary of State to convey or to surrender to the Government of Panama the title which the Government of the United States now holds in that parcel of land which may be detached from the Panama Canal Zone by virtue of the provisions of section 1 of this Act. [SEC. 3. No civil or criminal case that may be pending in the courts of the Panama Canal Zone at the time this Act shall become effective shall be affected thereby, either as to its present status or as to future proceedings, including final judgment or disposition.] Act of June 19, 1934: [The President is hereby authorized to make rules and regulations in respect to the sale and manufacture of alcoholic beverages within, and the importation thereof into and exportation thereof from, the Canal Zone, including the authority to prescribe licenses and fees for the sale and manufacture of such beverages. [SEC. 2. Any person violating any provision of such rules and regulations shall be punished by a fine of not more than $500 or imprisoned in jail for not more than six months, or by both, and in addition the license of such person may be revoked or suspended as the President may by such rules and regulations prescribe. [SEC. 3. All laws, rules, regulations, and orders in force prior to the date of this Act takes effect, insofar as they apply to the sale, manufacture, possession, transportation, importation, and exportation of alcoholic beverages in the Canal Zone, are repealed. [SEC. 4. This Act shall take effect on the thirtieth day after the date of its enactment.] AMENDING THE CANAL ZONE CODE, AND FOR OTHER PURPOSES JULY 14, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. O'TOOLE, from the Committee on Merchant Marine and Fisheries, submitted the following REPORT To accompany S. 1136] The Committee on Merchant Marine and Fisheries, to whom was referred the bill (S. 1136) to amend the Canal Zone Code, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of this bill is to combine and restate as substantive law, with only minor modifications, existing authorities which have heretofore been found either in annual appropriation acts or in other piecemeal substantive legislation. EXPLANATION OF THE BILL For many years the Panama Canal has been operating under the authorities requested in this bill. In a large percentage of the cases, such authorities have been contained in appropriation bills and are, therefore, subject to points of order. Since 1945, the Bureau of the Budget has been attempting to clear up much of this type of appropriation language, and this bill was prepared in accordance with a budget bulletin dated March 28, 1945. As presented it has the approval of the Bureau of the Budget and the concurrence of the Secretary of the Army. A letter from the Secretary of the Army, who is the official through whom the President exercises his supervision over the Panama Canal, in support of this legislation is made a part of this record. With one minor exception, relating to the establishment of a maximum limitation on the settlement of claims under section 17 of the Canal Zone Code, it has the complete concurrence of the General Accounting Office. If enacted the bill would not change existing procedures within the Canal Zone, nor would it result in increased cost to the Federal Government. SECTION-BY-SECTION ANALYSIS Section 1 restates language presently found in the appropriations for the Panama Canal by amending the Canal Zone Code through the addition of three new sections, Nos. 16 to 18, in chapter I. The new section 16 authorizes the Governor of the Panama Canal, among other things, to acquire, construct, repair, replace, alter, or enlarge building structures or other improvements when in his judg ment such action is necessary for the proper operation, maintenance, sanitation, or civil government of the Panama Canal and Canal Zone. The new section 17 authorizes the Governor to adjust and pay claims for losses or damages arising from the conduct by the Panama Canal of authorized business operations or from the maintenance and operation of the Canal. It specifically provides that the new section shall not apply to claims either under section 10 of title 2 of the code, as amended, or under the Federal Tort Claims Act. This is a restatement of existing appropriation language. The only point the General Accounting Office has taken exception to in this bill is in connection with this section. There has been some discussion by the General Accounting Office concerning the desirability of placing a limitation of $1,000 on claims that could be settled by the Panama Canal. This $1,000 ceiling would be similar to that placed on administrative approval of claims in the Federal Tort Claims Act. It should be noted that authority contained in this section differs from the Federal Tort Claims Act in one respect, in that it would give jurisdiction to settle claims arising outside the Canal Zone in the Republic of Panama. After considerable discussion of this point last year by the subcommittee it was decided not to adopt the $1,000 limitation. Testimony before the subcommittee last year showed that the largest case that had ever been handled was about $4,500 and that the average claim settled would be less than $2,000. The new section 18 authorizes the Governor to expend such funds as are necessary to meet emergency conditions arising because of disaster or calamity. This restates existing appropriation language which has been in Canal Zone appropriations since 1916. Section 2 of the bill spells out in detail the businesses and services which may be operated through the Panama Railroad Company after approval of the President. It enumerates not only the facilities and services which may be maintained and operated but the purposes and the persons who are entitled to use them. This section authorizes the President to transfer back and forth between the Panama Canal and the Panama Railroad Company the supporting personnel and equipment to maintain and operate the facilities and services referred to in this section. At the present time there are quite a few facilities operated by the Panama Canal which at a later time may be more economically operated through the Panama Railroad Company. An |