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72d CONGRESS. SESS. II. CHS. 10, 11 . JAN. 14, 17, 1933 .
	
761
subject to the right of appeal to the courts, may decide to be fair and
reasonable shall be considered in the determination of rates .
SEC. 11. It is understood and agreed that nothing herein shall be No new franchise
construed as creating any new rights of franchise to use the streets
rights created
'
in the District of Columbia for transportation purposes : Provided, Succession of rights,
That the Capital Transit Company shall exercise and succeed to all etc•
of the property, rights, and franchises of the Capital Traction and
the Washington Railway and Electric Companies, which they are
required herein to vest in the Capital Transit Company, subject,
however, to the right of the Public Utilities Commission to order
reasonable extension or reasonable abandonment of tracks and
facilities .
SEC. 12. The Washington Railway and Electric Company, if the Public Utilities Com-
mission .
unification herein provided for shall become effective, shall remain Jurisdiction over
subject to the jurisdiction of the Public Utilities Commission . Any WahingtonCompany.
Railway
ailw y
sinking fund held by it shall remain available for the discharge of
securities for which it remains liable and which are secured directly
or indirectly, by any lien on property turned over to the Capital
Transit Company .
SEC. 13. That Congress reserves the right to alter, amend, or repeal Rights reserved .
this resolution, or any charter or certificate of incorporation made,
thereunder, and any and all rights of franchise created by this reso-
lution shall terminate one year following its repeal .
Approved, January 14, 1933 .
Be it enacted by the Senate and House o f Representatives o f the
a
Philippine Independ.
United States of America in Congress assembled,
CONVENTION TO FRAME CONSTrIUTION FOR PHILIPPINE ISLANDS
	
Constitutional con.
vention.
SECTION 1. The Philippine Legislature is hereby authorized to Election of delegates.
provide for the election of delegates to a constitutional convention,
which shall meet in the hall of the house of representatives in the
capital of the Philippine Islands, at such time as the Philippine
Legislature may fix, within one year after the enactment of this Act,
to formulate and draft a constitution for the government of the Com-
monwealth of the Philippine Islands, subject to the conditions and
qualifications prescribed in this Act, which shall exercise jurisdiction Territory included.
over all the territory ceded to the United States by the treaty of Vol. 30, p .1755.
peace concluded between the United States and Spain on the 10th
day of December, 1898, the boundaries of which are set forth in
Article III of said treaty, together with those islands embraced in
the treaty between Spain and the United States concluded at Vol. 31, p. 1942.
Washington on the 7th day of November, 1900. The Philippine
Legislature shall provide for the necessary expenses of such
convention.
CHARACTER OF CONSTITUTION-MANDATORY PROVISIONS
SEC . 2. The constitution formulated and drafted shall be repub-
lican in form, shall contain a bill of rights, and shall, either as a part
thereof or in an ordinance appended thereto, contain provisions to
Character of consti .
tution.
Form and contents.
[CHAPTER 11 .1
AN ACT
To enable the people of the Philippine Islands to adopt a constitution and form
7annarp 7233 ) 3.
a government for the Philippine Islands to provide for the independence of [public, No
.
311.]
the same, and for other purposes .
762
	
72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933.
the effect that, pending the final and complete withdrawal of the
Mandatory pro- sovereignty of the United States over the Philippine Islands--visions.
Allegiance.
	
(a) All citizens of the Philippine Islands shall owe allegiance to
the United States.
Oath by officers of (b) Every officer of the government of the Commonwealth of theCommonwealth.
Philippine Islands shall, before entering upon the discharge of his
duties, take and subscribe an oath of office, declaring, among other
things, that he recognizes and accepts the supreme authority of and
will maintain true faith and allegiance to the United States.
Religious toleration . (c) Absolute toleration of religious sentiment shall be secured and
no inhabitant or religious organization shall be molested in person
or roperty on account of religious belief or mode of worship .
Church, eto ., prop-
	
d) Property owned by the United States, cemeteries, churches,
arty tsa free.
an parsonages or convents appurtenant thereto, and all lands, build-
ings, and improvements used exclusively for religious, charitable,
or educational purposes shall be exempt from taxation .
Trade relations with (e) Trade relations between the Philippine Islands and the United
U
	
764'
	
States shall be upon the basis prescribed in section 6 .
P.M. -debt. (f) The public debt of the Philippine Islands and its subordinate
branches shall not exceed limits now or hereafter fixed by the Con-
gress of the United States ; and no loans shall be contracted in
foreign countries without the approval of the President of the
United States.
Assumptionofdebts,
	
(g) The debts, liabilities, and obligations of the present Philip-
etc. pine government, its Provinces, municipalities, and instrumentalities,
valid and subsisting at the time of the adoption of the constitution,
shall be assumed and paid by the new government .
Public school (h) Provision shall be made for the establishment and mainte-
system.
	
nance of an adequate system of public schools, primarily conducted
in the English language .
Approval of desig. (i) Acts affecting currency, coinage, imports, exports, and immi-
nated Acts.
	
gration shall not become law until approved by the President of the
United States.
Foreign affairs.
	
(j) Foreign affairs shall be under the direct supervision and con-
trol of the United States.
Laws to be reported (k) All acts passed by the legislature of the Commonwealth of
too United states Con•
the Philippine Islands shall be reported to the Congress of the
United States.
Rights of United (1) The Philippine Islands recognizes the right of the United
states recognized .
States to expropriate property for public uses, to maintain military
and other reservations and armed forces in the Philippines, and, upon
order of the President, to call into the service of such armed forces
all military forces organized by the Philippine government .
Supreme Court of the (m) The decisions of the courts of the Commonwealth of the
United states, ions.
Philippine Islands shall be subject to review by the Supreme Courtdiction
. p. 767.
	
of the United States as provided in paragraph (6) of section 7 .
Rightofintervention. (n) The United States may by Presidential proclamation exer-
~Proclamationn b y the cise the right to intervene for the preservation of the government of
the Commonwealth of the Philippine Islands and for the mainte-
nance of the government as provided in the constitution thereof, and
for the protection of life, property, and individual liberty and for
the discharge of government obligations under and in accordance
with the provisions of the constitution.
United . States High (o) The authority of the United States High Commissioner to the
Coromiwoner .
	
government of the Commonwealth of the Philippine Islands, as pro-
vided in this Act, shall be recognized .
civil rights. (p) Citizens and corporations of the United States shall enjoy in
the Commonwealth of the Philippine Islands all the civil rights of
the citizens and corporations, respectively, thereof .
72d CONGRESS. SESS. II. CH. 11 . JANUARY 17, 1933 .
	
763
SUBMISSION OF CONSTITUTION TO THE PRESIDENT OF THE UNITED STATES
SEC . 3. Upon the drafting and approval of the constitution by the
constitutional convention in the Philippine Islands, the constitution
shall be submitted within two years after the enactment of this Act
to the President of the United States, who shall determine whether
or not it conforms with the provisions of this Act . If the President
finds that the proposed constitution conforms substantially with the
provisions of this Act he shall so certify to the Governor General of
the Philippine Islands, who shall so advise the constitutional con-
vention. If the President finds that the constitution does not con-
form with the provisions of this Act he shall so advise the Governor
General of the Philippine Islands, stating wherein in his judgment
the constitution does not so conform and submitting provisions
which will in his judgment make the constitution so conform . The
Governor General shall in turn submit such message to the consti-
tutional convention for further action by them pursuant to the same
procedure hereinbefore defined, until the President and the consti-
tutional convention are in agreement .
SUBMISSION OF CONSTITUTION TO FILIPINO PEOPLE
SEC. 4. After the President of the United States has certified that gtsubn`top of con.
the constitution conforms with the provisions of this Act, it shall be
submitted to the people of the Philippine Islands for their ratifica- Time for election .
tion or rejection at an election to be held within four months after
the date of such certification, on a date to be fixed by the Philippine
Legislature, at which election the qualified voters of the Philippine
Islands shall have an opportunity to vote directly for or against the
proposed constitution and ordinances appended thereto . Such elec-
tion shall be held in such manner as may be prescribed by the Philip-
pine Legislature, to which the return of the election shall be made .
The Philippine Legislature shall by law provide for the canvassin
	
Canvass of returns.
of the return and shall certify the result to the Governor General
of the Philippine Islands, together with a statement of the votes
cast, and a copy of said constitution and ordinances. If a majority
of the votes cast shall be for the constitution, such vote shall be Proclamation by
deemed an expression of the will of the people of the Philippine Gov ernor General for
Islands in favor of Philippine independence, and the Governor Gen- election of common.
eral shall, within thirty days after receipt of the certification from
wealth officers .
the Philippine Legislature, issue a proclamation for the election of
officers of the government of the Commonwealth of the Philippine
Islands provided for in the constitution . The election shall take Time of election .
place not earlier than three months nor later than six months after
the proclamation by the Governor General ordering such election .
When the election of the officers provided for under the constitution
has been held and the results determined, the Governor General of
the Philippine Islands shall certify the results of the election to the New government to
President of the United States, who shall thereupon issue a procla-
enter kio
President's
matiori announcing the results of the election, and upon the issuance
of such proclamation by the President the existing Philippine gov-
ernment shall terminate and the new government shall enter upon its
rights, privileges, powers, and duties, as provided under the consti-
tution. The present government of the Philippine Islands shall pro-
vide for the orderly transfer of the functions of government .
	
Existing government
If a majority of the votes cast are against the constitution, the to continue, if vote be
existing government of the Philippine Islands shall continue without advefSe.
regard to the provisions of this Act .
Submission of con-
stitution to the Presi-
dent of United States .
764
	
72d CONGRESS . ,,SESS. II. CH. 11. JANUARY 17, 1933 .
Transfer of property
and rights to Phiilp-
pine pine Commonwealth.•
Post, p. 768 .
TRANSFER OF PROPERTY AND RIGHTS TO PHILIPPINE COMMONWEALTH
SEC. 5. All the property and rights which may have been acquired
in the Philippine Islands by the United States under the treaties
mentioned in the first section of this Act, except such land or other
property as has heretofore been designated by the President of the
United States for military and other reservations of the Govern-
ment of the United States, and except such land or other property
or rights or interests therein as may have been sold or otherwise
disposed of in accordance with law, are hereby granted to the
government of the Commonwealth of the Philippine Islands when
constituted .
Relations with the p
United States pending ELATIONS WITH 1111k, UNITED STATES PENDING COMPLETE INDEPENDENCE•
complete
	
independ-
ence.
	
SEC. 6. After the date of the inauguration o,f the government of
ins iade'relations~'St- the Commonwealth of the Philippine Islands trade relations between
the United States and the Philippine Islands shall be as now pro-
vided by law, subject to the following exceptions :
sugars(a) There shall be levied, collected, and paid on all refined sugars
in excess of fifty thousand long tons, and on unrefined sugars in
excess of eight hundred thousand long tons, coming into the United
States from the Philippine Islands in any calendar year, the same
rates of duty which are required by the laws of the United States
to be levied, collected, and paid upon like articles imported from
foreign countries.Coconutcll.
(b) There shall be levied, collected, and paid on all coconut oil
coming into the United States from the Philippine Islands in any
calendar year in excess of two hundred thousand long tons, the same .
rates of duty which are required by the laws of the United States
to be levied, collected, and paid upon like articles imported from
foreign countries.
Hard fibers, etc. (c) There shall be levied, collected, and paid on all yarn, twine
cord, cordage, rope and cable, tarred or untarred, wholly or in chief
value of manila (abaca) or other hard fibers, coming into the United
States from the Philippine Islands in any calendar year in excess of
a collective total of three million pounds of all such articles herein-
before enumerated, the same rates of duty which are required by the
laws of the United States to be levied, collected, and paid upon like
articles imported from foreign countries.
Duty-free export lim-
nation. In the event that in an year the limit in the case of any.
Export permits may article which may be exported to the United States free of dutyissue for excess.
shall be reached by the Philippine Islands, the amount or quantity
of such articles produced or manufactured in the Philippine Islands
thereafter that may be so exported to the United States free of duty
shall be allocated, under export permits issued by the government of
the Commonwealth of the Philippine Islands, to the producers or
manufacturers of such articles proportionately on the basis of their
exportation to the United States in the preceding year ; except that
Unrefined sugar. in the case of unrefined sugar the amount thereof to be exported
annually to the United States free of duty shall be allocated to the
sugar-producing mills of the islands proportionately on the basis
of their average annual production for the calendar years 1931, 1932,
and 1933, and the amount of sugar from each mill which may be so
exported shall be allocated in each year between the mill and the
planters on the basis of the proportion of sugar to which the mill and
the planters are respectively entitled. The government of the Philip-
pine Islands is authorized to adopt the necessary laws and regulations
for putting into effect the allocation hereinbefore provided
72d CONGRESS. SESS. II. CH. 11 . JANUARY 17, 1933.
	
765
(e) The government of the Commonwealth of the Philippine taGruated export
Islands shall impose and collect an export tax on all articles that
may be exported to the United States from the Philippine Islands
free of duty under the provisions of existing law as modified by the
foregoing provisions of this section, including the articles enumer-
ated in subdivisions (a), (b), and (c), within the limitations therein
specified, as follows
(1) During the sixth year after the inauguration of the new gov-
ernment the export tax shall be 5 per centum of the rates of duty
which are required by the laws of the United States to be levied,
collected, and paid on like articles imported from foreign countries ;
(2) During the seventh year after the inauguration of the new
government the export tax shall be 10 per centum of the rates of duty
which are required by the laws of the United States to be levied,
collected, and paid on like articles imported from foreign countries ;
(3) During the eighth year after the inauguration of the new
government the export tax shall be 15 per centum of the rates of duty
which are required by the laws of the United States to be levied,
collected, and paid on like articles imported from foreign countries ;
(4) During the ninth year after the inauguration of the new gov-
ernment the export tax shall be 20 per centum of the rates of duty
which are required by the laws of the United States to be levied,
collected, and paid on like articles imported from foreign countries ;
(5) After the expiration of the ninth year after the inauguration
of the new government the export tax shall be 25 per centum of the
rates of duty which are required by the laws of the United States
to be levied, collected, and paid on like articles imported from foreign
countries.
The government of the Commonwealth of the Philippine Islands tb$nkmmfund created
shall pace all funds received from such export taxes in a sinking ing indebtedness .
fund, and such fund shall, in addition to other moneys available for
that purpose, be applied solely to the payment of the principal and
interest on the bonded indebtedness of the Philippine Islands, its
Provinces, municipalities, and instrumentalities, until such indebted-
ness has been fully discharged .
When used in this section in a geographical sense, the term ."
rued
.
states
" United States " includes all Territories and possessions of the
United States, except the Philippine Islands, the Virgin Islands,
American -Samoa, and the island of Guam .
SEo. 7. Until the final and complete withdrawal of American sov- Provisions readin g
final withdrawal of
ereignty over the Philippine Islands-
	
American sovereignty.
(1) Every duly adopted amendment to the constitution of the tSubmission
na~~i~;
government of the Commonwealth of the Philippine Islands shall be
submitted to the President of the United States for approval . If the
President approves the amendment or if the President fails to dis-
approve such amendment within six months from the time of its
submission, the amendment shall take effect as a part of such
constitution.
(2) The President of the United States shall have authority to ryanib of
the
suspend the taking effect of or the operation of any law, contract,
or executive order of the government of the Commonwealth of the
Philippine Islands, which in his judgment will result in a failure of
the government of the Commonwealth of the Philippine Islands to
fulfill its contracts, or to meet its bonded indebtedness and interest
thereon or to provide for its sinking funds, or which seems likely to
impair the reserves for the protection of the currency of the Philip-
pine Islands, or which in his judgment will violate international
obligations of the United States .
I
766
	
72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933.
Annual, etc., reports . (3) The Chief Executive of the Commonwealth of the Philippine
Islands shall make an annual report to the President and Congress
of the United States of the proceedings and operations of the gov-
ernment of the Commonwealth of the Philippine Islands and shall
make such other reports as the President or Congress may request .
IInited states sign
Commissioner to the
(4) The President shall appoint, by and with the advice and con-
Philippine islands. sent of the Senate, a United States High Commissioner to the
stallit ales,etc . au ernment of the Commonwealth of the Philippine Islands who stall
hold office at the pleasure of the President and until his successor is
appointed and qualified. He shall be known as the United States
High Commissioner to the Philippine Islands. He shall be the repre-
sentative of the President of the United States in the Philippine
Islands and shall be recognized as such by the government of the
Commonwealth of the Philippine Islands, by the commanding offi-
cers of the military forces of the United States, and by all civil
officials of the United States in the Philippine Islands. He shall
have access to all records of the government or any subdivision
thereof, and shall be furnished by the Chief Executive of the Com-
monwealth of the Philippine Islands with such information as he
shall request.
Report of, neon fat(
ure of government
- If the government of the Commonwealth of the Philippine Islands
in-meet bonded, etc., ~n- fails to pay any of its bonded or other indebtedness or the interest
debtedness .
thereon when due or to fulfill any of its contracts, the United States
High Commissioner shall immediately report the facts to the Presi-
dent, who may thereupon direct the High Commissioner to take over
the customs offices and administration of the same, administer the
same, and apply such part of the revenue received therefrom as may
be necessary for the payment of such overdue indebtedness or for the
fulfillment of such contracts . The United States High Commissioner
shall annually, and at such other times as the President may require
render an official report to the President and Congress of the United
States. He shall perform such additional duties and functions as
may be delegated to him from time to time by the President under
the provisions of this Act .
Compensation .
	
The United States High Commissioner shall receive the same com-
pensation as is now received by the Governor General of the Philip-
Assistants, etc• pine Islands, and shall have such staff and assistants as the President
may deem advisable and as may be appropriated for by Congress,
including a financial expert,,who shall receive for submission to the
High Commissioner a duplicate copy of the reports of the insular
auditor. Appeals from decisions of the insular auditor may be taken
to the President of the United States . The salaries and expenses of
the High Commissioner and his staff and assistants shall be paid by
the United States.
When to take office.
	
The first United States High Commissioner appointed under this
Act shall take office upon the inauguration of the new government of
the Commonwealth of the Philippine Islands.
Resident Commis-
	
The government of the Commonwealth of the Philippinesioner to the United
	
(5)
states.
	
Islands shall provide for the selection of a Resident Commissioner toRecognition, etc'
	
the United States, and shall fix his term of office . He shall be the
representative of the government of the Commonwealth of the Phil-
ippine Islands and shall be entitled to official recognition as such by
all departments upon presentation to the President of credentials
signed by the Chief Executive of said government . He shall have a
seat in the House of Representatives of tl_a United States, with the
right of debate, but without the right of voting. His salary and
expenses shall be fixed and paid by the government of the Philippine
Islands. Until a Resident Commissioner is selected and qualified
72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933.
	
767
under this section, existing law governing the appointment of Resi-
dent Commissioners from the Philippine Islands shall continue in
effect.
(6) Review by the Supreme Court of the United States of cases preacourita~ s°•
from the Philippine Islands shall be as now provided by law ; and Review of oases.
such review shall also extend to all cases involving the constitution of Azue, p . 762.
the Commonwealth of the Philippine Islands .
SEc. 8. (a) Effective upon the acceptance of this Act by concurrent Imm'~uOn
resolution of the Philippine Legislature or by a convention called for
that purpose, as provided in section 17-
(1) For the purposes of the Immigration Act of 1917, the Immigra- 43vp1.139, p . 874; VoL
tion Act of 1924 (except section 13 (c) ), this section, and all other
laws of the United States relating to the immigration, exclusion, or
expulsion of aliens, citizens of the Philippine Islands who are not
citizens of the United States shall be considered as if they were aliens.
For such purposes the Philippine Islands shall be considered as a
separate country and shall have for each fiscal year a quota of fifty.
This paragraph shall not apply to a person coming or seeking to come
to the Territory of Hawaii who does not apply for and secure an
immigration or passport visa, but such immigration shall be deter-
mined by the Department of the Interior on the basis of the needs of
industries in the Territory of Hawaii .
	
Admittance from
(2) Citizens of the Philippine Islands who are not citizens of the Rawali limited . -
United States shall not be admitted to the continental United States
from the Territory of Hawaii (whether entering such Territory
before or after the effective date of this section) unless they belong to Nonimmigrants.
a class declared to be nonimmigrants by section 3 of the Immigration Vol . 43, p .154.
Act of 1924 or to a class declared to be nonquota immigrants under Slants
quota Immi .
the provisions of section 4 of such Act other than subdivision (c)
thereof, or unless they were admitted to such Territory under an Regulations to be
immigration visa. The Secretary of Labor shall by regulations provided .
provide a method for such exclusion and for the admission of such
excepted classes.
(3) Any Foreign Service officer may be assigned to duty in the Assignment or For.
Philippine Islands, under a commission as a consular officer, for such eign Service o1$cer.
period as may be necessary and under such regulations as the
Secretary of State may prescribe, during which assignment such officer
shall be considered as stationed in a foreign country ; but his powers
and duties shall be confined to the performance of such of the official
acts and notarial and other services, which such officer might properly
perform in respect of the administration of the immigration laws if
assigned to a foreign country as a consular officer, as may be authorized
by the Secretary of State.
(4) For the purposes of sections 18 and 20 of the Immigration Act Application
ofiel
Immiw
of 1917, as amended, the Philippine Islands shall be considered to be Vol. 39, pp. 887, 890 .
a foreign country .
(b) The provisions of this section are in addition to the provisions sio
Additional prove •
of the immigration laws now in force, and shall be enforced as a part
of such laws, and all the penal or other provisions of such laws, not
inapplicable, shall apply to and be enforced in connection with the
provisions of this section. An alien, although admissible under the
provisions of this section, shall not be admitted to the United States
if he is excluded by any provision of the immigration laws other than
this section, and an alien, although admissible under the provisions of
the immigration laws -other than this section, shall not be admitted
to the United States if he i4 excluded by any provision of this section . Terms desned.
(c) Terms defined in the Immigration Act of 1924 shall, when used vol . 43, p . i6&
in this section, have the meaning assigned to such terms in that Act.
768
	
72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933.
ti Bonds and obliga- SEC . 9. There shall be no obligation on the part of the United
States to meet the interest or principal of bonds and other obligations
of the government of the Philippine Islands or of the Provincial
and municipal governments thereof, hereafter issued during the con-
tinuance of United States sovereignty in the Philippine Islands :
N t'exempt from Provided, That such bonds and obligations hereafter issued shall not
taxation.
	
be exempt from taxation in the United States or by authority of the
United States.
Recognition of Inds. RECOGNITION OF PHILIPPINE INDEPENDENCE AND WITHDRAWAL OFpendence, etc.
AMERICAN SOVEREIGNTY
Effective date. SEC. 10. On the 4th day of July, immediately following the expira-
tion of a period of ten years from the date of the inauguration of the
new government under the constitution provided for in this Act, the
, etc . . to
be
wimade by p
proclalam
a-
President of the United States shall by proclamation withdraw and
tion.
	
surrender all right of possession, supervision jurisdiction,
,
control, or
sovereignty then existing and exercised by t to United States in and
over the territory and people of the Philippine Islands, including
all military and other reservations of the Government of the Unite
Reservations.
Ante, p . 784. States in the Philippines (except such land or property reserved
-under section 5 as may be redesignated by the President of the United
States not later than two years after the date of such proclamation),
and, on behalf of the United States, shall recognize the independence
of the Philippine Islands as a separate and self-governing nation
and acknowledge the authority and control over the same of the gov-
ernment instituted by the people thereof, under the constitution
cConditions.
	
then in forge : Provided, That the constitution has been previously
amended to include the following provisions
Property rights .
(1) That the property rights of the United States and the Philip-
pine Islands shall be promptly adjusted and settled, and that all
existing property rights of citizens or corporations of the United
States shall be acknowledged, respected, and safeguarded to the same
extent as property rights of citizens of the Philippine Islands .
oasi
Qusliacations of o>ji-
	
(2) That the officials elected and serving under the constitutions.
adopted pursuant to the provisions of this Act shall be constitutional
officers of the free and independent government of the Philippine
Islands and qualified to function in all respects as if elected directly
under such government, and shall serve their full terms of office as
Assumption ofdebts,
prescribed
IThat theedebtstetc. and liabilities of the Philippine Islands, its
Provinces, cities, municipalities, and instrumentalities, which shall
be valid and subsisting at the time of the final and complete with-
drawal of the sovereignty of the United States, shall be-assumed by
the free and independent government of the Philippine Islands ; and
that where bonds have been issued under authority of an Act of Con-
gress of the United States by the Philippine Islands, or any Prov-
ince, city, or municipality therein, the Philippine government will
make adequate provision for the necessary funds for the payment
of interest and principal, and such obligations shall be a first lien
on the taxes collected in the Philippine Islands.
(4) That the government of the Philippine' Islands, on becoming
Obligations assumed.assumed
independent of the United States, will assume all continuing obliga-
tions assumed by the United States under the treaty of peace with
Spain ceding said Philippine Islands to the United States .
(5) That by way of further assurance the government of the Phil-
Pied n a t
treaty.
be em- 'ippineine Islans will embody the foregoing provisions (except para-
graph (2)) in a treaty with the United States.
72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933 .
	
769
NEUTRALIZATION OF PHILIPPINE ISLANDS
SEC. 11. The President is requestedi at the earliest practicable date, so ge
hutralization to be
to enter into negotiations with foreign powers with a view to the
conclusion of a treaty for the perpetual neutralization of the Phil-
ippine Islands, if and when Philippine independence shall have been
achieved.
NOTIFICATION TO FOREIGN GOVERNMENTS
SEC. 12. Upon the proclamation and recognition of the independ-
ence of the Philippine Islands, the President shall notify the govern-
ments with which the United States is in diplomatic correspondence
thereof and invite said governments to recognize the independence of
the Philippine Islands .
TARIFF DUi1LS AFTER INDEPENDENCE
SEC. 13. After the Philippine Islands have become a free and
independent nation there shall be levied, collected, and paid upon all
articles coming into the United States from the Philippine Islands
the rates of duty which are required to be levied, collected, and paid
upon like articles imported from other foreign countries : Provided,
That at least one year prior to the date fixed in this Act for the
independence of the Philippine Islands, there shall be held a con-
ference of representatives of the Government of the United States
and the government of the Commonwealth of the Philippine Islands,
such representatives to be appointed by . the President of the United
States and the Chief Executive of the Commonwealth of the
Philippine Islands, respectively, for the purpose of formulating
recommendations as to future trade relations between the Govern-
ment of the United States and the independent government of the
Philippine Islands, the time, place, and manner of holdino such
conference to be determined by the President of the United kates ;
but nothing in this proviso shall be construed to modify or affect in
any way any provision of this Act relating to the procedure leading
up to Philippine independence or the date upon which the Philippine
Islands shall become independent .
IMMIGRATION AFTER INDEPENDENCE
SEC. 14. Upon the final and complete withdrawal of American
sovereignty over the Philippine Islands the immigration laws of the
United States (including all the provisions thereof relating to
persons ineligible to citizenship) shall apply to persons who were
born in the Philippine Islands to the same extent as in the case of
other foreign countries.
CERTAIN STAI U 1'LS CONTINUED IN FORCE
SEC. 15. Except as in this Act otherwise provided, the laws now
or hereafter in force in the Philippine Islands shall continue in
force in the Commonwealth of the Philippine Islands until altered,
amended, or repealed by the Legislature of the Commonwealth of the
Philippine Islands or by the Congress of the United States, and all
references in such laws to the Philippines or Philippine Islands shall
be construed to mean the government of the Commonwealth of the
Philippine Islands. The government of the Commonwealth of the
Philippine Islands shall be deemed successor to the present govern-
ment of the Philippine Islands and of all the rights and obligations
thereof. Except as otherwise provided in this Act, all laws or parts
of laws relating to the present government of the Philippine Islands
8051°-33--49
Recognition of lode.
pendence invited .
Tariff duties after
independence .
Proviso.
Conference on trade
relations authorized .
Immigration after in-
dependence.
Certain statutes con.
tinued in force.
770
Saving clause.
Effective date.
Passage by the noose
of Representatives
Passage by the Sen-
ate.
72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933.
and its administration are hereby repealed as of the date of the
inauguration of the government of the Commonwealth of the
Philippine Islands.
SEC. 1-6. If any provision of this Act is declared unconstitutional
or the applicability thereof to any person or circumstance is held
invalid, the validity of the remainder of the Act and the applicability
of such provisions to other persons and circumstances shall not be
affected thereby.
EFFECTIVE DATE
SEC. 17. The foregoing provisions of this Act shall not take effect
until accepted by concurrent resolution of the Philippine Legislature
or by a convention called for the purpose of passing upon that
question as may be provided by the Philippine Legislature .
JNO N. GARNER
Speaker of the House of Representatives .
CHARLES CURTIS
Vice President o f the United States and
President of the Senate.
IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES
January 13, 1933.
The House of Representatives having proceeded, in pursuance of
the Constitution, to reconsider the bill (H . R . 7233) entitled "An act
to enable the people of the Philippine Islands to adopt a constitution
and form a government for the Philippine Islands, to provide for
the independence of the same, and for other purposes," returned by
the President of the United States, with his objections, to the House
of Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same .
Attest
SOUTH TRIMBLE
Clerk.
IN THE SENATE OF THE UNI1r.U STATES
January 10 (calendar day, January 17), 1933 .
The Senate having proceeded to reconsider the bill (H. R. 7233) .
entitled "An Act to enable the people of the Philippine Islands to
adopt a constitution and form a government for the Philippine
Islands, to provide for the independence of the same, and for other
purposes," returned by the President of the United States to the
House of Representatives, in which it originated, with his objections,
and passed by the House on a reconsideration of the same, it was
RESOLVED, That the said bill pass, two-thirds of the Senators
present having voted in the affir..iative.
Attest
EDWIN P. THAYER
Secretary.
72d CONGRESS. SESS. II. CH. 12. JANUARY 19, 1933.
	
771
[CHAPTER 12 .]
AN ACT
To amend the United States mining laws applicable to the city of Prescott	Is.
January
	 479
19 1938.
	 L	
municipal watershed in the Prescott National Forest within the State of [Public, No. 312.1
Arizona.
Be it enacted by the Senate and House of Re esentatives of the
United States o f America in Congress assemb d, That hereafter ni~~aicor Ariz
ma-
mining locations made under the United States mining laws upon i~roaiscation or m1n-
lands within the municipal watershed of the city of Prescott, within ce~rtaiinlandslaws ~ibin,
the Prescott National Forest in the State of Arizona, specifically aDbe rled- n
described as the west half southwest quarter section 13 ; south half
section 14 ; southeast quarter, and east half southwest quarter section
15 ; east half, and south half southwest quarter section 22 ; all of
section 23 ; west half section 24; all of sections 26 and 27 ; north half
north half section 34 ; and north half north half section 35, town-
ship 13 north, range 2 west, Gila and Salt River base and meridian
an area of three thousand six hundred acres, more or less, shall
confer on the locator the right to occupy and use so much of the
surface of the land covered by the location as may be reasonably
necessary to carry on prospecting and mining, including the taking
of mineral deposits and timber required by or in the mining opera-
tions, and no permit shall be required or charge made for such use
or occupancy : Provided, however, That the cutting and removal of
	
, etc., of t1m-
timber1 except where clearing is necessary in connection with mining bar .
operations or to provide space for buildings or structures used in
connection with mining operations, shall be conducted in accordance
with the rules for timber cutting on adjoining national-forest land,
and no use of the surface of the claim or the resources therefrom not
reasonably required for carrying on mining and prospecting shall
be allowed except under the national-forest rules and regulations,
nor shall the locator prevent or obstruct other occupancy of the
surface or use of surface resources under authority of national-forest
regulations, or permits issued thereunder, if such occupancy or use
is not in conflict with mineral development.
Sac. 2. That hereafter all patents issued under the United States Patents to convey
mining laws affecting lands within the municipal watershed of the title to minerals, etc.
city of Prescott, within the Prescott National Forest, in the State
of Arizona, shall convey title to the mineral deposits within the
claim, together with the right to cut and remove so much of the
mature timber therefrom as may be needed in extracting and remov-
ing the mineral deposits, if the timber is cut under sound principles
of forest management as defined by the national-forest rules and
regulations, but each patent shall reserve to the United States all served. rights
title in or to the surface of the lands and products thereof, and no
use of the surface of the claim or the resources therefr m not reason-
ably required for carrying on mining or prospecting sh'all be allowed
except under the rules and regulations of the Department of Agri-
culture.
SEC. 3. That valid mining claims within the municipal watershed oismss ' may beep~erg
of the city of Prescott, within the Prescott National Forest in the fected.
State-of Arizona, existing on the date of the enactment of this Act,
and thereafter maintained in compliance with the law under which
they were initiated and the laws of the State of Arizona, may be
perfected under this Act, or under the laws under which they were
initiated, as the claimant may desire.
Approved, January 19, 1933 .

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hare-hawes-cutting act of 1933

  • 1. 72d CONGRESS. SESS. II. CHS. 10, 11 . JAN. 14, 17, 1933 . 761 subject to the right of appeal to the courts, may decide to be fair and reasonable shall be considered in the determination of rates . SEC. 11. It is understood and agreed that nothing herein shall be No new franchise construed as creating any new rights of franchise to use the streets rights created ' in the District of Columbia for transportation purposes : Provided, Succession of rights, That the Capital Transit Company shall exercise and succeed to all etc• of the property, rights, and franchises of the Capital Traction and the Washington Railway and Electric Companies, which they are required herein to vest in the Capital Transit Company, subject, however, to the right of the Public Utilities Commission to order reasonable extension or reasonable abandonment of tracks and facilities . SEC. 12. The Washington Railway and Electric Company, if the Public Utilities Com- mission . unification herein provided for shall become effective, shall remain Jurisdiction over subject to the jurisdiction of the Public Utilities Commission . Any WahingtonCompany. Railway ailw y sinking fund held by it shall remain available for the discharge of securities for which it remains liable and which are secured directly or indirectly, by any lien on property turned over to the Capital Transit Company . SEC. 13. That Congress reserves the right to alter, amend, or repeal Rights reserved . this resolution, or any charter or certificate of incorporation made, thereunder, and any and all rights of franchise created by this reso- lution shall terminate one year following its repeal . Approved, January 14, 1933 . Be it enacted by the Senate and House o f Representatives o f the a Philippine Independ. United States of America in Congress assembled, CONVENTION TO FRAME CONSTrIUTION FOR PHILIPPINE ISLANDS Constitutional con. vention. SECTION 1. The Philippine Legislature is hereby authorized to Election of delegates. provide for the election of delegates to a constitutional convention, which shall meet in the hall of the house of representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, within one year after the enactment of this Act, to formulate and draft a constitution for the government of the Com- monwealth of the Philippine Islands, subject to the conditions and qualifications prescribed in this Act, which shall exercise jurisdiction Territory included. over all the territory ceded to the United States by the treaty of Vol. 30, p .1755. peace concluded between the United States and Spain on the 10th day of December, 1898, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Vol. 31, p. 1942. Washington on the 7th day of November, 1900. The Philippine Legislature shall provide for the necessary expenses of such convention. CHARACTER OF CONSTITUTION-MANDATORY PROVISIONS SEC . 2. The constitution formulated and drafted shall be repub- lican in form, shall contain a bill of rights, and shall, either as a part thereof or in an ordinance appended thereto, contain provisions to Character of consti . tution. Form and contents. [CHAPTER 11 .1 AN ACT To enable the people of the Philippine Islands to adopt a constitution and form 7annarp 7233 ) 3. a government for the Philippine Islands to provide for the independence of [public, No . 311.] the same, and for other purposes .
  • 2. 762 72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933. the effect that, pending the final and complete withdrawal of the Mandatory pro- sovereignty of the United States over the Philippine Islands--visions. Allegiance. (a) All citizens of the Philippine Islands shall owe allegiance to the United States. Oath by officers of (b) Every officer of the government of the Commonwealth of theCommonwealth. Philippine Islands shall, before entering upon the discharge of his duties, take and subscribe an oath of office, declaring, among other things, that he recognizes and accepts the supreme authority of and will maintain true faith and allegiance to the United States. Religious toleration . (c) Absolute toleration of religious sentiment shall be secured and no inhabitant or religious organization shall be molested in person or roperty on account of religious belief or mode of worship . Church, eto ., prop- d) Property owned by the United States, cemeteries, churches, arty tsa free. an parsonages or convents appurtenant thereto, and all lands, build- ings, and improvements used exclusively for religious, charitable, or educational purposes shall be exempt from taxation . Trade relations with (e) Trade relations between the Philippine Islands and the United U 764' States shall be upon the basis prescribed in section 6 . P.M. -debt. (f) The public debt of the Philippine Islands and its subordinate branches shall not exceed limits now or hereafter fixed by the Con- gress of the United States ; and no loans shall be contracted in foreign countries without the approval of the President of the United States. Assumptionofdebts, (g) The debts, liabilities, and obligations of the present Philip- etc. pine government, its Provinces, municipalities, and instrumentalities, valid and subsisting at the time of the adoption of the constitution, shall be assumed and paid by the new government . Public school (h) Provision shall be made for the establishment and mainte- system. nance of an adequate system of public schools, primarily conducted in the English language . Approval of desig. (i) Acts affecting currency, coinage, imports, exports, and immi- nated Acts. gration shall not become law until approved by the President of the United States. Foreign affairs. (j) Foreign affairs shall be under the direct supervision and con- trol of the United States. Laws to be reported (k) All acts passed by the legislature of the Commonwealth of too United states Con• the Philippine Islands shall be reported to the Congress of the United States. Rights of United (1) The Philippine Islands recognizes the right of the United states recognized . States to expropriate property for public uses, to maintain military and other reservations and armed forces in the Philippines, and, upon order of the President, to call into the service of such armed forces all military forces organized by the Philippine government . Supreme Court of the (m) The decisions of the courts of the Commonwealth of the United states, ions. Philippine Islands shall be subject to review by the Supreme Courtdiction . p. 767. of the United States as provided in paragraph (6) of section 7 . Rightofintervention. (n) The United States may by Presidential proclamation exer- ~Proclamationn b y the cise the right to intervene for the preservation of the government of the Commonwealth of the Philippine Islands and for the mainte- nance of the government as provided in the constitution thereof, and for the protection of life, property, and individual liberty and for the discharge of government obligations under and in accordance with the provisions of the constitution. United . States High (o) The authority of the United States High Commissioner to the Coromiwoner . government of the Commonwealth of the Philippine Islands, as pro- vided in this Act, shall be recognized . civil rights. (p) Citizens and corporations of the United States shall enjoy in the Commonwealth of the Philippine Islands all the civil rights of the citizens and corporations, respectively, thereof .
  • 3. 72d CONGRESS. SESS. II. CH. 11 . JANUARY 17, 1933 . 763 SUBMISSION OF CONSTITUTION TO THE PRESIDENT OF THE UNITED STATES SEC . 3. Upon the drafting and approval of the constitution by the constitutional convention in the Philippine Islands, the constitution shall be submitted within two years after the enactment of this Act to the President of the United States, who shall determine whether or not it conforms with the provisions of this Act . If the President finds that the proposed constitution conforms substantially with the provisions of this Act he shall so certify to the Governor General of the Philippine Islands, who shall so advise the constitutional con- vention. If the President finds that the constitution does not con- form with the provisions of this Act he shall so advise the Governor General of the Philippine Islands, stating wherein in his judgment the constitution does not so conform and submitting provisions which will in his judgment make the constitution so conform . The Governor General shall in turn submit such message to the consti- tutional convention for further action by them pursuant to the same procedure hereinbefore defined, until the President and the consti- tutional convention are in agreement . SUBMISSION OF CONSTITUTION TO FILIPINO PEOPLE SEC. 4. After the President of the United States has certified that gtsubn`top of con. the constitution conforms with the provisions of this Act, it shall be submitted to the people of the Philippine Islands for their ratifica- Time for election . tion or rejection at an election to be held within four months after the date of such certification, on a date to be fixed by the Philippine Legislature, at which election the qualified voters of the Philippine Islands shall have an opportunity to vote directly for or against the proposed constitution and ordinances appended thereto . Such elec- tion shall be held in such manner as may be prescribed by the Philip- pine Legislature, to which the return of the election shall be made . The Philippine Legislature shall by law provide for the canvassin Canvass of returns. of the return and shall certify the result to the Governor General of the Philippine Islands, together with a statement of the votes cast, and a copy of said constitution and ordinances. If a majority of the votes cast shall be for the constitution, such vote shall be Proclamation by deemed an expression of the will of the people of the Philippine Gov ernor General for Islands in favor of Philippine independence, and the Governor Gen- election of common. eral shall, within thirty days after receipt of the certification from wealth officers . the Philippine Legislature, issue a proclamation for the election of officers of the government of the Commonwealth of the Philippine Islands provided for in the constitution . The election shall take Time of election . place not earlier than three months nor later than six months after the proclamation by the Governor General ordering such election . When the election of the officers provided for under the constitution has been held and the results determined, the Governor General of the Philippine Islands shall certify the results of the election to the New government to President of the United States, who shall thereupon issue a procla- enter kio President's matiori announcing the results of the election, and upon the issuance of such proclamation by the President the existing Philippine gov- ernment shall terminate and the new government shall enter upon its rights, privileges, powers, and duties, as provided under the consti- tution. The present government of the Philippine Islands shall pro- vide for the orderly transfer of the functions of government . Existing government If a majority of the votes cast are against the constitution, the to continue, if vote be existing government of the Philippine Islands shall continue without advefSe. regard to the provisions of this Act . Submission of con- stitution to the Presi- dent of United States .
  • 4. 764 72d CONGRESS . ,,SESS. II. CH. 11. JANUARY 17, 1933 . Transfer of property and rights to Phiilp- pine pine Commonwealth.• Post, p. 768 . TRANSFER OF PROPERTY AND RIGHTS TO PHILIPPINE COMMONWEALTH SEC. 5. All the property and rights which may have been acquired in the Philippine Islands by the United States under the treaties mentioned in the first section of this Act, except such land or other property as has heretofore been designated by the President of the United States for military and other reservations of the Govern- ment of the United States, and except such land or other property or rights or interests therein as may have been sold or otherwise disposed of in accordance with law, are hereby granted to the government of the Commonwealth of the Philippine Islands when constituted . Relations with the p United States pending ELATIONS WITH 1111k, UNITED STATES PENDING COMPLETE INDEPENDENCE• complete independ- ence. SEC. 6. After the date of the inauguration o,f the government of ins iade'relations~'St- the Commonwealth of the Philippine Islands trade relations between the United States and the Philippine Islands shall be as now pro- vided by law, subject to the following exceptions : sugars(a) There shall be levied, collected, and paid on all refined sugars in excess of fifty thousand long tons, and on unrefined sugars in excess of eight hundred thousand long tons, coming into the United States from the Philippine Islands in any calendar year, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries.Coconutcll. (b) There shall be levied, collected, and paid on all coconut oil coming into the United States from the Philippine Islands in any calendar year in excess of two hundred thousand long tons, the same . rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. Hard fibers, etc. (c) There shall be levied, collected, and paid on all yarn, twine cord, cordage, rope and cable, tarred or untarred, wholly or in chief value of manila (abaca) or other hard fibers, coming into the United States from the Philippine Islands in any calendar year in excess of a collective total of three million pounds of all such articles herein- before enumerated, the same rates of duty which are required by the laws of the United States to be levied, collected, and paid upon like articles imported from foreign countries. Duty-free export lim- nation. In the event that in an year the limit in the case of any. Export permits may article which may be exported to the United States free of dutyissue for excess. shall be reached by the Philippine Islands, the amount or quantity of such articles produced or manufactured in the Philippine Islands thereafter that may be so exported to the United States free of duty shall be allocated, under export permits issued by the government of the Commonwealth of the Philippine Islands, to the producers or manufacturers of such articles proportionately on the basis of their exportation to the United States in the preceding year ; except that Unrefined sugar. in the case of unrefined sugar the amount thereof to be exported annually to the United States free of duty shall be allocated to the sugar-producing mills of the islands proportionately on the basis of their average annual production for the calendar years 1931, 1932, and 1933, and the amount of sugar from each mill which may be so exported shall be allocated in each year between the mill and the planters on the basis of the proportion of sugar to which the mill and the planters are respectively entitled. The government of the Philip- pine Islands is authorized to adopt the necessary laws and regulations for putting into effect the allocation hereinbefore provided
  • 5. 72d CONGRESS. SESS. II. CH. 11 . JANUARY 17, 1933. 765 (e) The government of the Commonwealth of the Philippine taGruated export Islands shall impose and collect an export tax on all articles that may be exported to the United States from the Philippine Islands free of duty under the provisions of existing law as modified by the foregoing provisions of this section, including the articles enumer- ated in subdivisions (a), (b), and (c), within the limitations therein specified, as follows (1) During the sixth year after the inauguration of the new gov- ernment the export tax shall be 5 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries ; (2) During the seventh year after the inauguration of the new government the export tax shall be 10 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries ; (3) During the eighth year after the inauguration of the new government the export tax shall be 15 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries ; (4) During the ninth year after the inauguration of the new gov- ernment the export tax shall be 20 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries ; (5) After the expiration of the ninth year after the inauguration of the new government the export tax shall be 25 per centum of the rates of duty which are required by the laws of the United States to be levied, collected, and paid on like articles imported from foreign countries. The government of the Commonwealth of the Philippine Islands tb$nkmmfund created shall pace all funds received from such export taxes in a sinking ing indebtedness . fund, and such fund shall, in addition to other moneys available for that purpose, be applied solely to the payment of the principal and interest on the bonded indebtedness of the Philippine Islands, its Provinces, municipalities, and instrumentalities, until such indebted- ness has been fully discharged . When used in this section in a geographical sense, the term ." rued . states " United States " includes all Territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, American -Samoa, and the island of Guam . SEo. 7. Until the final and complete withdrawal of American sov- Provisions readin g final withdrawal of ereignty over the Philippine Islands- American sovereignty. (1) Every duly adopted amendment to the constitution of the tSubmission na~~i~; government of the Commonwealth of the Philippine Islands shall be submitted to the President of the United States for approval . If the President approves the amendment or if the President fails to dis- approve such amendment within six months from the time of its submission, the amendment shall take effect as a part of such constitution. (2) The President of the United States shall have authority to ryanib of the suspend the taking effect of or the operation of any law, contract, or executive order of the government of the Commonwealth of the Philippine Islands, which in his judgment will result in a failure of the government of the Commonwealth of the Philippine Islands to fulfill its contracts, or to meet its bonded indebtedness and interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves for the protection of the currency of the Philip- pine Islands, or which in his judgment will violate international obligations of the United States . I
  • 6. 766 72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933. Annual, etc., reports . (3) The Chief Executive of the Commonwealth of the Philippine Islands shall make an annual report to the President and Congress of the United States of the proceedings and operations of the gov- ernment of the Commonwealth of the Philippine Islands and shall make such other reports as the President or Congress may request . IInited states sign Commissioner to the (4) The President shall appoint, by and with the advice and con- Philippine islands. sent of the Senate, a United States High Commissioner to the stallit ales,etc . au ernment of the Commonwealth of the Philippine Islands who stall hold office at the pleasure of the President and until his successor is appointed and qualified. He shall be known as the United States High Commissioner to the Philippine Islands. He shall be the repre- sentative of the President of the United States in the Philippine Islands and shall be recognized as such by the government of the Commonwealth of the Philippine Islands, by the commanding offi- cers of the military forces of the United States, and by all civil officials of the United States in the Philippine Islands. He shall have access to all records of the government or any subdivision thereof, and shall be furnished by the Chief Executive of the Com- monwealth of the Philippine Islands with such information as he shall request. Report of, neon fat( ure of government - If the government of the Commonwealth of the Philippine Islands in-meet bonded, etc., ~n- fails to pay any of its bonded or other indebtedness or the interest debtedness . thereon when due or to fulfill any of its contracts, the United States High Commissioner shall immediately report the facts to the Presi- dent, who may thereupon direct the High Commissioner to take over the customs offices and administration of the same, administer the same, and apply such part of the revenue received therefrom as may be necessary for the payment of such overdue indebtedness or for the fulfillment of such contracts . The United States High Commissioner shall annually, and at such other times as the President may require render an official report to the President and Congress of the United States. He shall perform such additional duties and functions as may be delegated to him from time to time by the President under the provisions of this Act . Compensation . The United States High Commissioner shall receive the same com- pensation as is now received by the Governor General of the Philip- Assistants, etc• pine Islands, and shall have such staff and assistants as the President may deem advisable and as may be appropriated for by Congress, including a financial expert,,who shall receive for submission to the High Commissioner a duplicate copy of the reports of the insular auditor. Appeals from decisions of the insular auditor may be taken to the President of the United States . The salaries and expenses of the High Commissioner and his staff and assistants shall be paid by the United States. When to take office. The first United States High Commissioner appointed under this Act shall take office upon the inauguration of the new government of the Commonwealth of the Philippine Islands. Resident Commis- The government of the Commonwealth of the Philippinesioner to the United (5) states. Islands shall provide for the selection of a Resident Commissioner toRecognition, etc' the United States, and shall fix his term of office . He shall be the representative of the government of the Commonwealth of the Phil- ippine Islands and shall be entitled to official recognition as such by all departments upon presentation to the President of credentials signed by the Chief Executive of said government . He shall have a seat in the House of Representatives of tl_a United States, with the right of debate, but without the right of voting. His salary and expenses shall be fixed and paid by the government of the Philippine Islands. Until a Resident Commissioner is selected and qualified
  • 7. 72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933. 767 under this section, existing law governing the appointment of Resi- dent Commissioners from the Philippine Islands shall continue in effect. (6) Review by the Supreme Court of the United States of cases preacourita~ s°• from the Philippine Islands shall be as now provided by law ; and Review of oases. such review shall also extend to all cases involving the constitution of Azue, p . 762. the Commonwealth of the Philippine Islands . SEc. 8. (a) Effective upon the acceptance of this Act by concurrent Imm'~uOn resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17- (1) For the purposes of the Immigration Act of 1917, the Immigra- 43vp1.139, p . 874; VoL tion Act of 1924 (except section 13 (c) ), this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be deter- mined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii . Admittance from (2) Citizens of the Philippine Islands who are not citizens of the Rawali limited . - United States shall not be admitted to the continental United States from the Territory of Hawaii (whether entering such Territory before or after the effective date of this section) unless they belong to Nonimmigrants. a class declared to be nonimmigrants by section 3 of the Immigration Vol . 43, p .154. Act of 1924 or to a class declared to be nonquota immigrants under Slants quota Immi . the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such Territory under an Regulations to be immigration visa. The Secretary of Labor shall by regulations provided . provide a method for such exclusion and for the admission of such excepted classes. (3) Any Foreign Service officer may be assigned to duty in the Assignment or For. Philippine Islands, under a commission as a consular officer, for such eign Service o1$cer. period as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country ; but his powers and duties shall be confined to the performance of such of the official acts and notarial and other services, which such officer might properly perform in respect of the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of State. (4) For the purposes of sections 18 and 20 of the Immigration Act Application ofiel Immiw of 1917, as amended, the Philippine Islands shall be considered to be Vol. 39, pp. 887, 890 . a foreign country . (b) The provisions of this section are in addition to the provisions sio Additional prove • of the immigration laws now in force, and shall be enforced as a part of such laws, and all the penal or other provisions of such laws, not inapplicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws -other than this section, shall not be admitted to the United States if he i4 excluded by any provision of this section . Terms desned. (c) Terms defined in the Immigration Act of 1924 shall, when used vol . 43, p . i6& in this section, have the meaning assigned to such terms in that Act.
  • 8. 768 72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933. ti Bonds and obliga- SEC . 9. There shall be no obligation on the part of the United States to meet the interest or principal of bonds and other obligations of the government of the Philippine Islands or of the Provincial and municipal governments thereof, hereafter issued during the con- tinuance of United States sovereignty in the Philippine Islands : N t'exempt from Provided, That such bonds and obligations hereafter issued shall not taxation. be exempt from taxation in the United States or by authority of the United States. Recognition of Inds. RECOGNITION OF PHILIPPINE INDEPENDENCE AND WITHDRAWAL OFpendence, etc. AMERICAN SOVEREIGNTY Effective date. SEC. 10. On the 4th day of July, immediately following the expira- tion of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act, the , etc . . to be wimade by p proclalam a- President of the United States shall by proclamation withdraw and tion. surrender all right of possession, supervision jurisdiction, , control, or sovereignty then existing and exercised by t to United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the Unite Reservations. Ante, p . 784. States in the Philippines (except such land or property reserved -under section 5 as may be redesignated by the President of the United States not later than two years after the date of such proclamation), and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the gov- ernment instituted by the people thereof, under the constitution cConditions. then in forge : Provided, That the constitution has been previously amended to include the following provisions Property rights . (1) That the property rights of the United States and the Philip- pine Islands shall be promptly adjusted and settled, and that all existing property rights of citizens or corporations of the United States shall be acknowledged, respected, and safeguarded to the same extent as property rights of citizens of the Philippine Islands . oasi Qusliacations of o>ji- (2) That the officials elected and serving under the constitutions. adopted pursuant to the provisions of this Act shall be constitutional officers of the free and independent government of the Philippine Islands and qualified to function in all respects as if elected directly under such government, and shall serve their full terms of office as Assumption ofdebts, prescribed IThat theedebtstetc. and liabilities of the Philippine Islands, its Provinces, cities, municipalities, and instrumentalities, which shall be valid and subsisting at the time of the final and complete with- drawal of the sovereignty of the United States, shall be-assumed by the free and independent government of the Philippine Islands ; and that where bonds have been issued under authority of an Act of Con- gress of the United States by the Philippine Islands, or any Prov- ince, city, or municipality therein, the Philippine government will make adequate provision for the necessary funds for the payment of interest and principal, and such obligations shall be a first lien on the taxes collected in the Philippine Islands. (4) That the government of the Philippine' Islands, on becoming Obligations assumed.assumed independent of the United States, will assume all continuing obliga- tions assumed by the United States under the treaty of peace with Spain ceding said Philippine Islands to the United States . (5) That by way of further assurance the government of the Phil- Pied n a t treaty. be em- 'ippineine Islans will embody the foregoing provisions (except para- graph (2)) in a treaty with the United States.
  • 9. 72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933 . 769 NEUTRALIZATION OF PHILIPPINE ISLANDS SEC. 11. The President is requestedi at the earliest practicable date, so ge hutralization to be to enter into negotiations with foreign powers with a view to the conclusion of a treaty for the perpetual neutralization of the Phil- ippine Islands, if and when Philippine independence shall have been achieved. NOTIFICATION TO FOREIGN GOVERNMENTS SEC. 12. Upon the proclamation and recognition of the independ- ence of the Philippine Islands, the President shall notify the govern- ments with which the United States is in diplomatic correspondence thereof and invite said governments to recognize the independence of the Philippine Islands . TARIFF DUi1LS AFTER INDEPENDENCE SEC. 13. After the Philippine Islands have become a free and independent nation there shall be levied, collected, and paid upon all articles coming into the United States from the Philippine Islands the rates of duty which are required to be levied, collected, and paid upon like articles imported from other foreign countries : Provided, That at least one year prior to the date fixed in this Act for the independence of the Philippine Islands, there shall be held a con- ference of representatives of the Government of the United States and the government of the Commonwealth of the Philippine Islands, such representatives to be appointed by . the President of the United States and the Chief Executive of the Commonwealth of the Philippine Islands, respectively, for the purpose of formulating recommendations as to future trade relations between the Govern- ment of the United States and the independent government of the Philippine Islands, the time, place, and manner of holdino such conference to be determined by the President of the United kates ; but nothing in this proviso shall be construed to modify or affect in any way any provision of this Act relating to the procedure leading up to Philippine independence or the date upon which the Philippine Islands shall become independent . IMMIGRATION AFTER INDEPENDENCE SEC. 14. Upon the final and complete withdrawal of American sovereignty over the Philippine Islands the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries. CERTAIN STAI U 1'LS CONTINUED IN FORCE SEC. 15. Except as in this Act otherwise provided, the laws now or hereafter in force in the Philippine Islands shall continue in force in the Commonwealth of the Philippine Islands until altered, amended, or repealed by the Legislature of the Commonwealth of the Philippine Islands or by the Congress of the United States, and all references in such laws to the Philippines or Philippine Islands shall be construed to mean the government of the Commonwealth of the Philippine Islands. The government of the Commonwealth of the Philippine Islands shall be deemed successor to the present govern- ment of the Philippine Islands and of all the rights and obligations thereof. Except as otherwise provided in this Act, all laws or parts of laws relating to the present government of the Philippine Islands 8051°-33--49 Recognition of lode. pendence invited . Tariff duties after independence . Proviso. Conference on trade relations authorized . Immigration after in- dependence. Certain statutes con. tinued in force.
  • 10. 770 Saving clause. Effective date. Passage by the noose of Representatives Passage by the Sen- ate. 72d CONGRESS. SESS. II. CH. 11. JANUARY 17, 1933. and its administration are hereby repealed as of the date of the inauguration of the government of the Commonwealth of the Philippine Islands. SEC. 1-6. If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and the applicability of such provisions to other persons and circumstances shall not be affected thereby. EFFECTIVE DATE SEC. 17. The foregoing provisions of this Act shall not take effect until accepted by concurrent resolution of the Philippine Legislature or by a convention called for the purpose of passing upon that question as may be provided by the Philippine Legislature . JNO N. GARNER Speaker of the House of Representatives . CHARLES CURTIS Vice President o f the United States and President of the Senate. IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES January 13, 1933. The House of Representatives having proceeded, in pursuance of the Constitution, to reconsider the bill (H . R . 7233) entitled "An act to enable the people of the Philippine Islands to adopt a constitution and form a government for the Philippine Islands, to provide for the independence of the same, and for other purposes," returned by the President of the United States, with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same . Attest SOUTH TRIMBLE Clerk. IN THE SENATE OF THE UNI1r.U STATES January 10 (calendar day, January 17), 1933 . The Senate having proceeded to reconsider the bill (H. R. 7233) . entitled "An Act to enable the people of the Philippine Islands to adopt a constitution and form a government for the Philippine Islands, to provide for the independence of the same, and for other purposes," returned by the President of the United States to the House of Representatives, in which it originated, with his objections, and passed by the House on a reconsideration of the same, it was RESOLVED, That the said bill pass, two-thirds of the Senators present having voted in the affir..iative. Attest EDWIN P. THAYER Secretary.
  • 11. 72d CONGRESS. SESS. II. CH. 12. JANUARY 19, 1933. 771 [CHAPTER 12 .] AN ACT To amend the United States mining laws applicable to the city of Prescott Is. January 479 19 1938. L municipal watershed in the Prescott National Forest within the State of [Public, No. 312.1 Arizona. Be it enacted by the Senate and House of Re esentatives of the United States o f America in Congress assemb d, That hereafter ni~~aicor Ariz ma- mining locations made under the United States mining laws upon i~roaiscation or m1n- lands within the municipal watershed of the city of Prescott, within ce~rtaiinlandslaws ~ibin, the Prescott National Forest in the State of Arizona, specifically aDbe rled- n described as the west half southwest quarter section 13 ; south half section 14 ; southeast quarter, and east half southwest quarter section 15 ; east half, and south half southwest quarter section 22 ; all of section 23 ; west half section 24; all of sections 26 and 27 ; north half north half section 34 ; and north half north half section 35, town- ship 13 north, range 2 west, Gila and Salt River base and meridian an area of three thousand six hundred acres, more or less, shall confer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining opera- tions, and no permit shall be required or charge made for such use or occupancy : Provided, however, That the cutting and removal of , etc., of t1m- timber1 except where clearing is necessary in connection with mining bar . operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining and prospecting shall be allowed except under the national-forest rules and regulations, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development. Sac. 2. That hereafter all patents issued under the United States Patents to convey mining laws affecting lands within the municipal watershed of the title to minerals, etc. city of Prescott, within the Prescott National Forest, in the State of Arizona, shall convey title to the mineral deposits within the claim, together with the right to cut and remove so much of the mature timber therefrom as may be needed in extracting and remov- ing the mineral deposits, if the timber is cut under sound principles of forest management as defined by the national-forest rules and regulations, but each patent shall reserve to the United States all served. rights title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefr m not reason- ably required for carrying on mining or prospecting sh'all be allowed except under the rules and regulations of the Department of Agri- culture. SEC. 3. That valid mining claims within the municipal watershed oismss ' may beep~erg of the city of Prescott, within the Prescott National Forest in the fected. State-of Arizona, existing on the date of the enactment of this Act, and thereafter maintained in compliance with the law under which they were initiated and the laws of the State of Arizona, may be perfected under this Act, or under the laws under which they were initiated, as the claimant may desire. Approved, January 19, 1933 .