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ment, including matters relating to transportation, medical care, quarters, leave and the commutation thereof, and office hours and hours of labor, as have been or shall hereafter be prescribed by the President: Provided, however, That salaries or compensation fixed by the President hereunder shall in no instance exceed by more than 25 per centum the salary or compensation paid for the same or similar services to persons employed by the Government in continental United States.

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94. Disability retirement; requirement of medical examinations.—

(b) Any employee to whom this article applies who shall have served for a total period of not less than five years, and who, before becoming eligible for retirement under the conditions defined in section 92 of this title, shall have become totally disabled for useful and efficient service in the grade or class of position occupied by the employee, by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on the part of the employee, shall upon his own application or upon request or order of the Governor of the Panama Canal, be retired on an annuity computed in accordance with the provisions of section 96 of this title: Provided, That proof of freedom from vicious habits, intemperance, or willful misconduct for a period of more than five years next prior to becoming so disabled for useful and efficient service, shall not be required in any case; and any claim heretofore disallowed under this section by reason of the requirement of such proof with respect to a longer period than five years, shall upon request of the applicant be reinstated, and shall thereupon be redetermined under the provisions of the section as herein amended.

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(c) In case an annuitant shall die without having received in annuities purchased by the employee's contributions as provided in (2) of section 96 of this title an amount equal to the total amount to his credit at time of retirement, the amount remaining to his credit [shall be paid in one sum to his legal representatives upon the establishment of a valid claim therefor, unless the annuitant shall have elected to receive an increased annuity as provided in section 96 of this title.] and any accrued annuity shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the beneficiary or beneficiaries designated in writing by such annuitant and recorded on his individual account;

Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such annuitant;

Third, if there be no such beneficiary, or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the annuitant, to such person or persons as may appear in the judgment of the Civil Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.

In the case of an annuitant who has elected to receive an increased annuity as provided in section 96 of this title, the amount to be paid under the provisions of this paragraph shall be only the accrued annuity.

(d) In case an employee shall die without having attained eligibility for retirement or without having established a valid claim for annuity, the total amount of his deductions with interest thereon shall be paid [to the legal representatives of such employee.], upon the establishment of a valid claim therefor, in the following order of precedence:

First, to the beneficiary or beneficiaries designated in writing by such employee and recorded on his individual account;

Second, if there be no such beneficiary, to the duly appointed executor or administrator of the estate of such employee;

Third, if there be no such beneficiary or executor or administrator, payment may be made, after the expiration of thirty days from the date of the death of the employee, to such person or persons as may appear in the judgment of the Civil Service Commission to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.

(e) In case a former employee entitled to the return of the amount credited to his individual account shall become legally incompetent, the total amount due may be paid to a duly appointed guardian or committee of such former employee. If the amount of refund due such former employee does not exceed $1,000, and if there has been no demand upon the Civil Service Commission by a duly appointed guardian or committee, payment may be made, after the expiration of thirty days from date of

separation from the service, to such person or persons, in the discretion of the Commission, who may have the care and custody of such former employee, and such payment shall be a bar to recovery by any other person.

[(f) If the amount of accrued annuity or of refund due a former employee who is legally incompetent does not exceed $1,000, and if there has been no demand upon the Administrator of Veterans' Affairs by a duly appointed executor, administrator, guardian, or committee, payment may be made, after the expiration of thirty days from date of death or of separation from the service, as the case may be, to such person or persons as may appear in the judgment of the Administrator of Veterans' Affairs to be legally entitled thereto, and such payment shall be a bar to recovery by any other person.]

Each employee or annuitant to whom this article applies may, under regulations prescribed by the Civil Service Commission, designate a beneficiary or beneficiaries to whom shall be paid, upon the death of the employee or annuitant any sum remaining to his credit (including any accrued annuity) under the provisions of this article.

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142. Punishment of persons deported from Canal Zone who return thereto.Any person who voluntarily returns to the Canal Zone after having served a sentence of imprisonment therein and after being deported therefrom, shall: a. Be punished by imprisonment in the penitentiary for not more than two years; and

b. Be removed from the Canal Zone upon the completion of his sentence, in accordance with the laws and orders relating to deportation.

A voluntary entry into the Canal Zone for any purpose shall be sufficient to constitute a return to the Canal Zone within the meaning of this section [, except that]: PROVIDED, That the Governor of the Panama Canal [may], in his discretion, [in a case of necessity, grant a permit to any such person to return to the Canal Zone temporarily.] by permit or regulations, may authorize persons deported from the Canal Zone to pass through or to return temporarily to the Canal Zone, and he may prescribe the route over which such persons shall be required to travel while in the Canal Zone. Any [such] person who violates the terms of such permit or the regulations authorized herein, or remains in the Canal Zone after the expiration of [the time specified in the] such permit, shall be deemed guilty of [a] violation of this section and [be] punished as [herein provided] provided herein.

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158. Small vessels propelled_by_machinery; registration, certification, and numbering; licensing of operators; fines.—

[Small] Vessels not more than sixty-five feet in length, measuring from end to end over the deck excluding sheer, and propelled in whole or in part by machinery, [other than public vessels of the United States or of the Republic of Panama,] shall be registered, certificated, and numbered, and shall display the numbers assigned in a conspicuous place in prescribed form. Such vessels shall be subject to annual inspection, and the certificate referred to herein shall be issued for a term of one year and shall specify the number of passengers which the vessel may carry, and the number of life preservers and the fire-fighting apparatus and other equipment which the vessel shall carry.

[Such vessels] No such vessel shall [not] be operated except by [an operator] a person holding [a] an operator's license [to operate], issued after examination by the board of local inspectors [,] and [approval of such examination] approved by the marine superintendent or such other officer of the Panama Canal as may be designated by the Governor.

Any [vessel which is] person who as owner, hirer, or borrower of any such vessel, shall cause or permit it to be operated in Canal Zone waters in violation of any of the requirements of this section or of the certificate issued hereunder, shall be liable to a fine of not more than $100 [.]: PROVIDED, HOWEVER, That this section shall not apply to public vessels of the United States or of the Republic of Panama, or to tugboats or towboats propelled by steam.

159. Small vessels not propelled by machinery; registration and numbering; fines.

[Small] Vessels not more than sixty-five feet in length and not propelled in whole or in part by machinery, shall be registered and numbered, and when numbers have been assigned they shall be displayed in a conspicuous place in prescribed form. Any [vessel which is] person who as owner, hirer, or borrower of any such vessel, shall cause or permit it to be operated in Canal Zone waters in violation of any of the requirements of this section shall be liable to a fine of not more than $100.

[160. Small vessels carrying passengers; certificate; inspection; finesVessels under 65 feet in length, before carrying passengers for hire in Canal Zone waters, shall obtain a certificate from the Canal Zone authorities to engage in this business, and such certificate shall specify the number of passengers and life preservers and the fire-fighting apparatus which the vessel must carry. Such vessels shall be subject to annual inspection, and the certificate referred to will be granted for one year only. Any such vessel which shall carry passengers for hire without first having obtained the certificate required by this section, or which shall carry passengers in excess of the number authorized by such certificate, shall be liable to a fine of not more than $100 for each passenger so carried.]

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603. Vagrants, beggars, loiterers and intoxicated persons; disorderly conduct; breach of peace.-Every vagrant or person found within the Canal Zone without legitimate business or visible means of support;

b. Every mendicant or habitual beggar found within the Canal Zone;

c. Every person found within or loitering about any laborers' camp, mess house, quarters or other Panama Canal building, or any railroad car or station or other building of the Panama Railroad Company, or any dwelling or other building owned by any private person, partnership or corporation,] building or structure, or any vessel, railroad car, or storage yard, without due and proper authority [and] or permission so to be; or peddling goods or merchandise about any laborers' camp or mess house during hours when laborers are ordinarily employed at work, or in or about places where groups of men are at work;

d. Every person found in any public place in such a state of intoxication as to disturb others, or unable, by reason of his condition, to care for his own safety or of the safety of others; and

e. Every person who shall, in the Canal Zone, engage in any kind of disorderly conduct or breach [or disturbance] of the peace;

Shall be punished by a fine of not more than $25, or by imprisonment in jail for not more than thirty days, or by both.

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876. Offenses and punishment thereof. Any person who:

a. Carries on or about his person any of the arms mentioned in section 871 of this title without authority under this chapter;

b. Engages in hunting without first obtaining the permit provided for in this chapter; or

c. After obtaining a hunting permit, engages in hunting in violation of the provisions of this chapter or any rule or regulation established by the Governor hereunder;

Shall be guilty of a misdemeanor; and any arms carried in violation of paragraph (a) of this section may be seized, and the court may order their confiscation and destruction. Penalties for violations of this chapter shall be in addition to any punishment which may be imposed upon the offending person for any other offense that he may have committed in connection with the carrying or using of arms in violation of this chapter.

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TITLE 6.-THE CODE OF CRIMINAL PROCEDURE

132. Manner of taking appeal.-An appeal from the judgment of a magistrate's court may be taken and perfected by the defendant by giving oral or written notice in [open] court of his intention so to do at [the] any time [the] within five days after judgment is rendered.

NAVY DEPARTMENT AND NAVAL SERVICE APPROPRIATION BILL, FISCAL YEAR 1936

APRIL 23, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. CARY, from the Committee on Appropriations, submitted the following

REPORT

[To accompany H. R. 7672]

The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1936, which embraces all regular annual appropriations for the Navy Department at Washington and for the naval service.

ESTIMATES

The Budget estimates of appropriations for the Navy Department for the fiscal year 1936 will be found in detail on pages 471 to 508, inclusive, of the Budget, and in House Documents Nos. 102 and 138 of the present session. In the aggregate they amount to $485,443,847, which not only seems, but is a huge sum, and particularly so when contrasted with the total amount ($284,658,799) carried in the Naval Appropriation Act, fiscal year 1935, and with the totals of such annual measures for prior years, but, of course, a substantial expansion of the naval budget is a natural and anticipated sequence to the attainment of a navy of the proportions contemplated by existing international agreements, to which this Government committed itself when it

ratified the Washington and London Treaties and to which end it has more recently committed itself through both funds made available to the Chief Executive for employment in naval building programs and legislation of scarcely more than a year ago authorizing the provision of funds to build and maintain in underage status the whole number of our treaty-quota of naval vessels and such number of aircraft as may be deemed commensurate with a "treaty navy". Although the fact remains that the naval allocation of the pending Budget bulks large, the excess over the current year appropriation act is appreciably lessened if there be taken into consideration other funds currently available as indicated in the table which follows:

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The amount proposed by the Budget exceeds current year appro-
priations thus far provided by.

The committee proposes a lesser amount by.
Including the reappropriation of $7,500,000, the committee pro-
poses a lesser amount by..

1 $457, 788, 261

$174, 879, 098 27, 657, 586

20, 157, 586

Using the figures in the 1935 column of the foregoing table as a basis for drawing a comparison, the Budget increase is lessened from $200,785,048 to $174,879,098, or by $25,905,950.

Of the sum of $174,879,098, the following amounts are attributable entirely to the expansion of the Navy afloat and in the air:

New ships (on the basis of $40,619,334 the current year) ....... ---- $95, 480, 666 Additional aircraft (273)..

Ordnance for additional aircraft being procured under allotment of the appropriation "Emergency relief and public works, 1934 and 1935"

Additional enlisted men_

Additional pilots --

Additional midshipmen..

Total_____

12, 500, 000

1, 200, 000

5, 463, 450

3, 198, 461 531, 592

118, 374, 169

Supplementary to which additional amounts are included in the Budget as follows:

For raising salaries to the 100-percent level_ _ _.

For replacement airplanes (282), and maintenance and operation
(deducting $762,236 for pay restoration and $2,714,250 for addi-
tional pilots)-

For special Ordnance project, including $800,000 for the Marine
Corps.--.

Revival of the naval public-works appropriation...--

$13, 133, 403

17, 380, 194

5,800,000 4, 500, 000

The remainder is rather widely distributed and is assignable to a larger operating force plan, to work and procurements deferred through lack of funds, in part traceable to the administratively enforced economies in the fiscal year 1934, and to increased costs of

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