TO REPEAL THE EXECUTIVE ORDER OF NOVEMBER 23, 1909, MAKING THE ENTICING OF LABORERS FROM THE ISTHMIAN CANAL COMMISSION OR THE PANAMA RAILROAD A MISDEMEANOR

FEBRUARY 17, 1932.-Referred to the House Calendar and ordered to be printed

Mr. LEA, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 7503]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7503) to repeal the Executive order of November 23, 1909, making the enticing of laborers from the Isthmian Canal Commission or the Panama Railroad a misdemeanor, having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the President and the Secretary of War, as will appear by the letter attached.

Hon. SAM RAYBURN,

WAR DEPARTMENT, Washington, January 28, 1932.

Chairman Committee on Interstate and Foreign Commerce,
House of Representatives.

DEAR MR. RAYBURN: The receipt is acknowledged of a letter from the Hon. Clarence F. Lea, dated January 15, 1932, inclosing, and requesting on behalf of your committee a report upon, certain bills for the revision of the laws of the Canal Zone introduced by him, including bill H. R. 7503, entitled "A bill to repeal the Executive order of November 23, 1909, making the enticing of laborers from the Isthmian Canal Commission or the Panama Railroad a misdemeanor." This is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in letter to the President dated June 5, 1930, and in conformity with the provisions of the act of May 17, 1928 (45 Stat. 596), entitled An act to revise and codify the laws of the Canal Zone," forwarded by him to the Congress with his message of June 9, 1930. The message and report submitted therewith were printed as House Document No. 460, Seventy-first Congress, second session. Reference to this proposal is made on page 39 of that document.

The repeal of the Executive order of November 23, 1909, is sought as the reason for the law ceased with the completion of the construction of the Panama Canal and there arose a need for deporting rather than for importing laborers. The order repealed is to be found in House Report No. 2815, Seventy-first Congress, third session, to accompany H. R. 14068.

The early consideration and passage of the legislation proposed for the Canal Zone are recommended.

Sincerely yours,

PATRICK J. HURLEY, Secretary of War.

A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted.

This bill (H. R. 7503) repeals the Executive order of the Presider t of November 23, 1909. That Executive order was issued during construction days when laborers were imported into the Canal Zone at the expense of the Government to carry on the construction work and it was obviously necessary at that time to prevent the recruiting of such laborers from the canal or the Panama Railroad. The work of construction now having been completed, there is no longer any necessity for a law of this kind, and it is recommended that it be repealed. The Executive order repealed is herewith inserted (in brackets) and is as follows:

[Any person who, as principal or agent, shall, with the intent or for the purpose of recruiting on the Canal Zone, mechanics, laborers, artisans, or any character of workmen, to go into a foreign country induce or attempt to induce any person who is working for or is under contract to work for, or who desires to work for, the Isthmian Canal Commission or the Panama Railroad Company, or a contractor of either or both of them, to cease to work for, or break any such contract to work for, or not to begin work for, the Isthmian Canal Commission or the Panama Railroad Company, or a contractor of either or both of them, or to leave the Canal Zone with a view or for the purpose of working in a foreign country, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one thousand sollars ($1,000) or by imprisonment in the common jail not to exceed six (6) months, or by both such fine and imprisonment, at the discretion of the court.]

EXTRADITION OF FUGITIVES FROM JUSTICE OF THE REPUBLIC OF PANAMA WHO SEEK REFUGE IN THE CANAL ZONE

FEBRUARY 17, 1932.-Referred to the House Calendar and ordered to be printed.

Mr. LEA, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT

[To accompany H. R. 7504]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7504) to provide for the extradition of fugitives from the justice of the Republic of Panama who seek refuge in the Canal Zone, having considered the same, report thereon with a recommendation that it pass.

The bill has the approval of the President, and the Secretary of War, as will appear by the letter attached:

Hon. SAM RAYBURN,

WAR DEPARTMENT, Washington, January 28, 1932.

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives, Washington, D. C. DEAR MR. RAYBURN: The receipt is acknowledged of a letter from the Hon Clarence F. Lea, dated January 15, 1932, inclosing and requesting on behalf of your committee a report upon certain bills for the revision of the laws of the Canal Zone introduced by him, including bill H. R. 7504, entitled "A bill to provide for the extradition of fugitives from the justice of the Republic of Panama who seek refuge in the Canal Zone."

This is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in letter to the President dated June 5, 1930, and in conformity with the provisions of the act of May 17, 1928 (45 Stat. 596), entitled "An act to revise and codify the laws of the Canal Zone," forwarded by him to the Congress with his message of June 9, 1930. The message and report submitted therewith were printed as House Document No. 460, Seventy-first Congress, second session. Reference to this proposal is made on page 307 of that document.

The purpose of this bill is to ratify and remove all doubts as to the validity of an order issued by former Governor Magoon, of the Canal Zone, which embodied an agreement with the Republic of Panama for the extradition of fugitives from the justice of that republic made pursuant to Article XVI of the treaty of 1903 with Panama. The minor changes made in the bill as compared with the order are indicated in House Report No. 2816, Seventy-first Congress, third session, to accompany H. R. 14071.

Due to typographical errors the following amendments should be made.

Page 4, lines 1 and 2, strike out the word "exercise" and substitute therefor the word "exercising," and add the word "the" at the end of the line, so that the last clause of section 7 will read, "to exercising the necessary vigilance and restraint to prevent the escape of the person in custody.'

The early consideration and passage of the legislation proposed for the Canal Zone are recommended.

Sincerely yours,

PATRICK J. HURLEY,

Secretary of War.

The bill also has the approval of the Department of State, as appears from the following letter received during the Seventy-first Congress: DEPARTMENT OF STATE, Washington, December 15, 1930.

Hon. JAMES S. PARKER,

Chairman Committee on Interstate and Foreign Commerce,

House of Representatives.

SIR: I have received your letter of December 3, 1930, with which you inclosed a copy of the bill H. R. 14071, requesting such comment as I might desire to make regarding it.

This bill provides for the extradition of fugitives from the justice of the Republic of Panama who seek refuge in the Canal Zone.

Article XVI of the Treaty of 1903 between the United States and Panama, reads as follows:

"The two Governments shall make adequate provision by future agreement for the pursuit, capture, imprisonment, detention and delivery within said zone and auxiliary lands to the authorities of the Republic of Panama of persons charged with the commitment of crimes, felonies, or misdemeanors without said zone and for the pursuit, capture, imprisonment, detention and delivery without said zone to the authorities of the United States of persons charged with the commitment of crimes, felonies, and misdemeanors within said zone and auxiliary lands." The department's information indicates that pursuant to the quoted treaty provision the authorities of the Canal Zone and the Republic of Panama entered into an agreement providing for the mutual extradition of fugitives from the justice of the Republic of Panama and of the Canal Zone, which agreement was set forth in a decree issued by the President of Panama, September 22, 1906, and in an executive order, issued by the Governor of the Canal Zone, September 19. 1906.

The department is not informed whether the authorities of the Republic of Panama and of the Panama Canal have entered into a subsequent agreement on the subject indicated, but presumes that the bill in question has been introduced at the request or instance of the Secretary of War who, therefore, regards its passage as advisable to meet existing conditions.

The department perceives no objection to the provisions of the bill from the standpoint of international relations and notes that such provisions are of a nature similar to those ordinarily contained in the extradition treaties of the United States.

Very truly yours,

HENRY L. STIMSON.

A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted.

During the construction of the Panama Canal from 1904 to 1914, the President issued many Executive orders which were believed to be authorized and to therefore have the full force and effect of law. The validity of such orders, however, was doubted and they were all validated by Congress in the Panama Canal act of August 24, 1912. An agreement had been made between the Republic of Panama and the Governor of the Panama Canal Zone pursuant to Article XVI of the Hay-Bunau Varilla treaty which had been ratified on February 25, 1904. That treaty provided that the two Governments of the Republic of Panama and the Canal Zone might make provision by

future agreement for the extradition of fugitives between the zone and Panama. On September 19, 1906, Governor Magoon of the Canal Zone issued an order putting into effect an agreement that had been made pursuant to the treaty regarding the extradition of fugitives. The validity of that order has been questioned and is doubtful because Congress had not conferred upon the Governor of the Canal Zone the authority to put agreements of this kind into effect as laws. The pending bill merely reenacts that Executive order so as to remove all doubt as to its validity. There are certain minor amendments which it is believed should be made in validating the order and for the purpose of allocating the law to its proper place in the new code of laws that is being prepared for the Canal Zone. The Executive order is herewith inserted with the changes indicated.

[Matter stricken out inclosed in black brackets and new matter in italic]

[1] That all persons who have been condemned, prosecuted, or accused before the courts of the Republic of Panama as authors or accomplices of crimes, transgressions, or offenses against the laws of said Republic, who seek refuge in the Canal Zone, shall be, upon apprehension, taken into custody by the authorities of the Canal Zone and delivered to the authorities of the Republic of Panama, upon the demand of the Government of that Republic and compliance with the procedure hereinafter prescribed.

SEC. 2. The government of the Canal Zone is at liberty to decline compliance with a demand of the Government of the Republic of Panama, for the arrest and delivery to the authorities of said Republic of a fugitive from the justice of the Republic of Panama, when said fugitive is a citizen of the United States. The discretion hereby reserved shall be exercised by the Governor of the Panama Canal [Zone.]

SEC. 3. If the person whose arrest and delivery is demanded should be accused of, or under sentence for, any crime, transgression, or offense committed in the Canal Zone, he shall not be delivered to the authorities of the Republic of Panama until he has been acquitted, pardoned, or undergone his sentence pursuant to the provisions of the laws of the Canal Zone.

SEC. 4. If, in the course of the proceedings in the courts of the Republic of Panama, in the case to which the arrest and delivery appertain, it should appear that probable cause exists for believing the delinquent guilty of another and graver offense against the laws of the Republic of Panama than that which gave rise to the request for his apprehension and delivery, the Government of that Republic may prosecute said fugitive for such other offense after notice to that effect to the government of the Canal Zone.

SEC. 5. The demand for the arrest and delivery of a fugitive from the justice of the Republic of Panama, pursuant to the terms of this [order] act, will be complied with when made in writing and signed by the secretary of [State in the Department of the Government and] foreign relations of the Republic of Panama, or by his direction, and presented to the Governor of the Panama Canal [Zone]. If the demand is for a condemned and fugitive criminal, it must be accompanied by a duly certified copy of sentence pronounced by a court of competent jurisdiction, and, as far as possible, a description of the fugitive sought to be reclaimed. SEC. 6. In case of urgency, where there are reasonable grounds for fearing that the fugitive may avoid apprehension, his detention may be asked for by telegraph. The arrest and detention shall be accomplished in the manner and by the officials prescribed by the laws of the Canal Zone, and detention authorized by this [order] act shall not continue longer than fifteen days, during which the procedure for securing the delivery of said fugitive to the authorities of the Republic of Panama shall be completed.

SEC. 7. For the purpose of accomplishing the delivery of the fugitives apprehended and delivered in pursuance of this [order] act, the Republic of Panama may send its agent or agents duly authorized to receive said fugitive, into the territory of the Canal Zone, but said agent's action and authority shall be limited to receiving such fugitive at the point of departure for return to the Republic of Panama, and, at the moment of departure and thenceforth, to exercising the necessary vigilance and restraint to prevent the escape of the person in custody.