rail from the United States to foreign countries, shall also deliver to the collector of customs at the frontier port through which the goods pass into the foreign country a manifest, in such form as the Secretary of the Treasury may prescribe, duly certified as to its accuracy by said person or his agent, exhibiting the kinds, quantities, and values of the several articles delivered by such person or his agent for exportation. And no railway car containing commodities, the product or manufacture of the United States or foreign goods, duty paid or free of duty, intended to be exported to any foreign country, shall be permitted hereafter to leave the United States until the agent of the railway or transportation company, or the person having such car in charge, shall deliver to the customs officer at the last port in the United States through which the commodities pass into foreign territory a manifest thereof, which shall specify the kinds and quantities of the commodities in the form prescribed by the Secretary of the Treasury, and until the manifest, exhibiting the kinds, quantities, and values of the several commodities, shall have been delivered to the collector of customs, as above required, by the person exporting such commodities, or by his agent, or information satisfactory to such customs officer as to the kind, quantities, and values of the domestic and foreign free or duty paid commodities laden on such car. The agent or employee of any railway or transportation company who shall transport such commodities into a foreign country before the delivery to the collector of customs of the manifest, as above required shall be liable to a penalty of fifty dollars for each offense; Provided, That the provisions of this law shall apply to commodities transported to the frontier in railway cars for exportation and transhipment across the frontier into the adjacent foreign territory in ferry boats or vehicles, so far as to require the person in charge thereof to furnish to the collector of customs information of the kinds, quantities, and values of such commodities; And provided further, That nothing contained in the foregoing shall be held as applicable to goods in transit between American ports by routes passing through foreign territory or to merchandise in transit between places in the Dominion of Canada by routes passing through the United States, or to merchandise arriving at the ports designated under the authority of section three thousand and five of the Revised Statutes, and which may be destined for places in the Republic of Mexico. (27 Stat. 197. 27 Stat. 689.) These were provisions of the legislative, executive, and judicial appropriation act for the fiscal year 1893, cited above, amended to read as set forth here by the similar act the next following year, also cited above. R. S. § 3005, mentioned in the last proviso, is set forth post, § 5690. § 882. (R. S. § 338.) Coasting trade to be included. The annual report of the statistics of commerce and navigation shall state the kinds, quantities, and value of the merchandise entered and cleared coastwise into and from the collection districts of the United States. Res. May 14, 1856, No. 9, 11 Stat. 144. See note to R. S. § 335, ante, § 878. § 883. (Act March 3, 1875, c. 129, § 1.) Annual report of foreign and interstate commerce, construction and operation of railroads, cost of transportation of freight and passengers on railroads and on canals, rivers, etc., and tonnage transported. It shall be the duty of the officer in charge of the Bureau of Statistics to gather, collate, and annually report to the Secretary of the Treasury, for transmission to Congress, statistics and facts relating to commerce with foreign nations and among the several States, the railroad systems of this and other countries, the construction and operation of railroads, the actual cost of such construction and operation of railroads, the actual cost of transporting freights and passengers on railroads, and on canals, rivers, and other navigable waters of the United States, the charges imposed for such transportation of freight and passengers, and the tonnage transported. (18 Stat. 352.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1876, cited above. See note to R. S. § 335, ante, § 878. § 884. (R. S. § 339.) Reports of exports and imports to be prepared and published. The Chief of the Bureau of Statistics shall, under the direction of the Secretary of the Treasury, prepare and publish monthly reports of the exports and imports of the United States, including the quantities and values of goods warehoused or withdrawn from warehouse, and such other statistics relative to the trade and industry of the country as the Secretary of the Treasury may consider expedient. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. Act March 3, 1875, c. 129, 18 Stat. 352. These reports were required to be prepared and published quarterly, by a provision of Act March 3, 1875, c. 129, § 1, post, § 885. See note to R. S. § 335, ante, § 878. § 885. (Act March 3, 1875, c. 129, § 1.) Reports of exports and imports to be prepared and published quarterly. The reports now by law required to be prepared and published monthly in the said Bureau of Statistics shall hereafter be prepared and published quarterly under the direction of the Secretary of the Treasury. (18 Stat. 352.) This was a further provision of the legislative, executive, and judicial appropriation act for the fiscal year 1876, cited above, following the provision relating to annual reports, ante, § 883. The reports referred to in this provision were the reports of exports and imports provided for by R. S. § 339, ante, § 884. See note to R. S. § 335, ante, § 878. § 886. (R. S. § 340.) Annual statement of vessels. The Chief of the Bureau of Statistics shall also prepare an annual statement of vessels registered, enrolled, and licensed under the laws of the United States, together with the class, name, tonnage, and place of registry of each vessel, and such other information as the Secretary of the Treasury may deem proper to embody therein. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. The Commissioner of Navigation was required to prepare such a list of vessels, etc., by the act establishing a Bureau of Navigation, Act July 5, 1884, c. 221, § 4, post, § 894. See note to R. S. § 335, ante, § 878. § 887. (R. S. § 341.) Annual statement of merchandise. The Chief of the Bureau of Statistics shall prepare an annual statement of all merchandise passing in transit through the United States to foreign countries, each description of merchandise, so far as practicable, warehoused, withdrawn from warehouse for consumption, for exportation, for transportation to other districts, and remaining in the warehouse at the end of each fiscal year. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. See note to R. S. § 335, ante, § 878. § 888. (R. S. § 342.) Statistics of manufactures. The Chief of the Bureau of Statistics shall collect, digest, and arrange, for the use of Congress, the statistics of the manufactures of the United States, their localities, sources of raw material, markets, exchanges with the producing regions of the country, trans portation of products, wages, and such other conditions as are found. to affect their prosperity. Act July 28, 1866, c. 298, § 13, 14 Stat. 330. See note to R. S. § 335, ante, § 878. CHAPTER C The Bureau of Corporations § 889. [Superseded.] This section, which consisted of Act Feb. 14, 1903, c. 552, § 6; 32 Stat. 827, created in the Department of Commerce and Labor a bureau, to be called the Bureau of Corporations. It provided for a Commissioner of Corporations, to be appointed by the President, with a salary of $5,000 per annum. It also provided for a Deputy Commissioner of Corporations, with a salary of $3,500 per annum. Said Deputy Commissioner of corporations was, in the absence of the commissioner, to act as and perform the duties of the commissioner, and also to perform such other duties as might be assigned to him by the Secretary of Commerce and Labor, or by the Commissioner of Corporations. Provision was also made for a chief clerk, and such special agents, clerks, and other employés in the bureau as might be authorized by law. The Commissioner of Corporations was given power and authority to make, under the direction and control of the Secretary of Commerce and Labor, investigation into the organization, conduct, etc., of the business of any corporation, joint stock company, or corporate combination engaged in foreign or interstate commerce excepting common carriers, subject to Act Feb. 4, 1887, c. 104. He was further authorized to gather such information and data as would enable the President to make recommendations to Congress for legislation for the regulation of such foreign and interstate commerce, and to report such data to the President from time to time as required, such information so obtained, or as much thereof as the President might direct, to be made public. Said Commissioner of Corporations was given the same power and authority in respect to corporations, etc., as was conferred on the Interstate Commerce Commission by said Act Feb. 4, 1887, c. 104, and amendments thereof, in so far as the same might be applicable, including the right to subpoena and compel the attendance and testimony of witnesses, and the production of documentary evidence, and the administration of oaths. It was made the province and duty of said bureau, under the direction of the Secretary of Commerce and Labor to gather, compile, publish and supply useful information concerning corporations doing business within the United States and engaged in interstate or foreign commerce, including corporations engaged in insurance, and also to attend to such other duties as might be provided for by law. This section was superseded by the provisions of Act Sept. 26, 1914, c. 311, § 3, which provided that, upon the organization of the Federal Trade Commission, created by section 1 of said act, the Bureau of Corporations, and the offices of Commissioner and Deputy Commissioner of Corporations, should cease to exist, and that all pending investigations and proceedings of the Bureau of Corporations should be continued by the Federal Trade Commission, and that all clerks and employés of the Bureau of Corporations should be transferred to and become clerks and employés of the Federal Trade Commission, at their then present grades and salaries, and that all records, papers and property of the Bureau of Corporations should become the records, papers and property of the Federal Trade Commission, and that all unexpended funds for the use and maintenance of the Bureau of Corporations, including any allotment already made to it by the Secretary of Commerce from the contingent appropriation for the Department of Commerce for the fiscal year 1915, or from the departmental printing fund for said year, should become funds and appropriations available to be expended by the Federal Trade Commission in the exercise of the powers, authority and duties conferred on it by said act Sept. 26, 1914, c. 311. Said Act Sept. 26, 1914, c. 311, § 3, is set forth post, under Title LVI D, “Federal Trade," together with the other provisions of said Act Sept. 26, 1914, c. 311, creating and relating to the Federal Trade Commission. Notes of Disclosure of data and information.The Commissioner of Corporations is not permitted by section 6 of the act creating a Department of Commerce Decisions and Labor to disclose the data and information collected by him or his predecessors under that section, unless by the special direction of the President, and this notwithstanding the request is made by a subcommittee of the Senate. (1909) 27 Op. Atty. Gen. 150. He should, however, immediately present such a request to the President, submit to him, if practicable, all the documents containing relevant information upon the subject referred to, and obtain his instructions as to what part, if any, of such data is suitable for publication by direction of the committee preferring the request. Id. Privileges and immunities of witnesses. This section contemplates that the Commissioner of Corporations shall proceed by private hearings; and a person who appears before him on his demand or by his request, and gives testimony or produces documents, although not sworn, is entitled to the same privileges and immunities as though his attendance was compelled by subpoena and his testimony given under oath. U. S. v. Armour & Co. (D. C. 1906) 142 Fed. 808. Sec. CHAPTER D. The Bureau of Navigation A Bureau of Navigation in the Treasury Department was constituted by Act July 5, 1884, c. 221, 23 Stat. 118, and was transferred to the Department of Commerce and Labor by the act establishing that Department, Act Feb. 14, 1903, c. 552, § 4, ante, § 857. This chapter includes the provisions of said Act July 5, 1884, c. 221, as applicable to the Bureau in the Department of Commerce and Labor. 890. Bureau of Navigation; Commissioner. 891. General duties of Commissioner. er; supervision of laws relating Sec. 893. Annual list of vessels; annual re ports. 894. Change of names of vessels. § 890. (Act July 5, 1884, c. 221, § 1.) missioner. Bureau of Navigation; Com There shall be in the Department of the Treasury of the United States a Bureau of Navigation, under the immediate charge of a Commissioner of Navigation. (23 Stat. 118.) This section and the five sections next following were sections 1-6 of an act entitled "An act to constitute a Bureau of Navigation in the Treasury Department," cited above. The Bureau was transferred to the Department of Commerce and Labor, and the duties, powers, etc., of the head of the Treasury Department in and over the Bureau were vested in the head of the Department of Commerce and Labor, by the act establishing that Department, Act Feb. 14, 1903, c. 552, §§ 4, 10, ante, §§ 857, 859. By such transfer, provisions of this act relating to the Department of the Treasury or the Secretary of the Treasury were made applicable to the Department of Commerce and Labor and to the Secretary of Commerce and Labor, respectively. The Department of Commerce and Labor is to be called the Department of Commerce, and the Secretary of Commerce and Labor is to be called the Secretary of Commerce, by provisions of Act March 4, 1913, c. 141, § 1, post, § 932. § 891. (Act July 5, 1884, c. 221, § 2.) General duties of Commissioner. The Commissioner of Navigation, under the direction of the Secretary of the Treasury, shall have general superintendence of the commercial marine and merchant seamen of the United States, so far as vessels and seamen are not, under existing laws, subject to the supervision of any other officer of the Government. He shall be specially charged with the decision of all questions relating to the issue of registers, enrollments, and licenses of vessels, and to the filing and preserving of those documents; and wherever in title forty-eight or fifty of the Revised Statutes any of the abovenamed documents are required to be surrendered or returned to the Register of the Treasury, such requirement is hereby repealed, and such documents shall be surrendered and returned to the Commissioner of Navigation. Said Commissioner shall have charge of all similar documents now in the keeping of the Register of the Treasury, and shall perform all the duties hitherto devolved upon said Register relating to navigation. (23 Stat. 118.) Provisions requiring the surrender of certificates of registry or enrollment or licenses, referred to in this section, were made by R. S. §§ 4146, 4160, 4162, 4325, post, §§ 7723, 7741, 7743, 8073. See notes to section 1 of this act, ante, § 890. § 892. (Act July 5, 1884, c. 221, § 3.) Additional duties of Commissioner; supervision of laws relating to admeasurement and designation of vessels and collection of tonnage tax. The Commissioner of Navigation shall be charged with the supervision of the laws relating to the admeasurement of vessels, and the assigning of signal letters thereto, and of designating their official number; and on all questions of interpretation growing out of the execution of the laws relating to these subjects, and relating to the collection of tonnage tax, and to the refund of such tax when collected erroneously or illegally, his decision shall be final. (23 Stat. 119.) Regulations of the measurement of vessels by the Commissioner of Navigation were provided for by Act March 2, 1895, c. 173, § 4, post, § 7733. See notes to section 1 of this act, ante, § 890. Notes of Conclusiveness of decisions of Commissioner of Navigation.—The provision making final the decision of the commissioner on all questions "relating to the collection of tonnage tax, and to the refunding of such tax, when collected erroneously or illegally," is constitutional. North German Lloyd S. S. Co. v. Hedden (C. C. 1890) 43 Fed. 17. The provision making the decision of the commissioner of navigation on the question of refunding a tonnage tax erroneously imposed "final" does not take away the right of action from the person who paid said tax, but such decision is "final" in the department only. Laidlaw v. Abraham (C. C. 1890) 43 Fed. 297. By virtue of this section the decision of the Commissioner of Navigation on questions involving a refund of the tonnage tax is final. That section supersedes or repeals the previous law vesting the Secretary of the Treasury with appellate power in such cases. (1885) 18 Op. Atty. Gen. 197. See, also, (1890) 19 Op. Atty. Gen. 660; (1892) 20 Op. Atty. Gen. 367. The President has no authority to reverse the decision of the Commissioner of Navigation so as to adjust the claims of Sweden and Norway for the return of tonnage dues alleged to have been Decisions erroneously exacted. Any application for relief should be addressed to the legislative branch of the Government. (1892) 20 Op. Atty. Gen. 367. Repeal of statutes.-Section 26 of the Act of June 26, 1884, post, § 10136, in regard to remission of fines, penalties, and forfeitures, and this section, are still in force. (1909) 28 Op. Atty. Gen. 21. Repayment of tonnage taxes imposed. -The secretary of the treasury is authorized under Shipping Act June 26, 1884, § 26, post, § 10136, to repay the tonnage tax imposed on the steamer Cuba if he finds that it was "illegally, improperly, or excessively imposed" and if the Commissioner of Navigation shall have first decided under this section that such tax was erroneously or illegally exacted. (1890) 19 Op. Atty. Gen. 660. Should the provision of section 37 of the act of Aug. 5, 1909, post, § 7808, imposing a duty of $7 per gross ton on the vessels therein named be declared invalid, such duty would be an improper or illegal charge within the meaning of the act of June 26, 1884, post, § 10136, and this section, and, if collected, should be refunded. (1909) 28 Op. Atty. Gen. 21. § 893. (Act July 5, 1884, c. 221, § 4.) Annual list of vessels; an nual reports. The Commissioner of Navigation shall annually prepare and publish a list of vessels of the United States belonging to the commercial marine, specifying the official number, signal letters, names, |