This permission was gratefully accepted by the Pocahontas Memorial Association, and the agreement ratified by the latter in meeting assembled in the presence of Mr. Lancaster, of the Association for the Preservation of Virginia Antiquities; Mr. C. C. Calhoun, legal counsel of the Pocahontas Memorial Association, and Mr. William Ordway Partridge, the sculptor selected by it to make the statue.

Mr. Partridge, in accordance with the contract, has finished the statue, an exquisite bronze of heroic proportions, satisfactory alike to the lovers of history and art, and the association has paid upon it $4,000 and is busily engaged in raising the fifth thousand by membership fees; the sale of its post-card copies of the two authentic portraits of Pocahontas; its plate, which is a copy of the Booton Hall portrait; its pins and badges; its official ribbon, and a photograph of Brueckner's Marriage of Pocahontas.

Our petition is that we be given $5,000 to complete the payment of the sum agreed upon, viz, $10,000, so that this monument may be at once raised to commemorate the saving of the colony, an event from which sprang our American nation.

We have endeavored as patriotic American women to pay our debt of gratitude to the gentle guardian of Jamestown, and beg your cooperation on the ground of the wider debt the nation owes her.

Our association numbers nearly 3,000 members, and our plan, as set forth in our bill, is to have our treasurer, Mr. C. C. Glover, of the Riggs National Bank, pay at once to our sculptor the sum named, so that the conditions of our contract may be fulfilled and our deed of transfer to the Association for the Preservation of Virginia Antiquities be made out.

In concluding this report the Committee on the Library desires to emphasize the fact that every safeguard has been thrown around the appropriation of the money provided for in the Senate bill, and the uniform policy of the committee carried out with regard to the requirements that those interested in the erection of the monument shall contribute their part of the money necessary therefor, and that the care and keeping of the monument shall, after the same is erected, be in the care and custody of the Pocahontas Memorial Association. It may be further stated, with the view of eliminating the creation of any precedent, that the Pocahontas Memorial Association is a national and not a state organization, being incorporated under the laws of the District of Columbia September, 1906, and representing almost every State in the Union. Besides the Pocahontas Memorial Association, the Daughters of the Revolution and very many of the patriotic men and women of the United States are interested in the erection of the monument.

The monument is an heroic-sized bronze figure of the Indian maiden, and, as Robert Burns Wilson wrote of it, "Represents Pocahontas at the moment when she is about to speak the warning which saved the colonists from certain death and shaped the destinies of the new world of America. It is the instant of arrested motion. On her brow is the portent of her message. In her eyes the level look of daring. She holds her hands in the attitude of one appealing for silence and belief. It is a speaking figure and impresses one with the beauty and gentleness of that self-sacrificing spirit."

A prominent site on Jamestown Island, a knoll above the embankment and facing the Jamestown River, where the statue can be seen from every passing steamer, has been offered to and accepted by the Pocahontas Memorial Association. The statue when erected will be perpetually cared for by the Pocahontas Memorial Association, and it will receive as much attention from the care taker of Jamestown and will be quite as safe as though it were in one of our city parks.

Jamestown Island is a mecca for many visitors, and the statue will receive the attention of visitors from all parts of the United States. The statue and the appropriation are not local in character, but national.

Jamestown Island belongs not only to the State of Virginia, but to the entire United States, for it is the cradle of our nation. The statue and appropriation are intended to commemorate not only the Indian Princess Pocahontas and her services to the colonists, but the great historic event of the preservation of the Jamestown settlement, which would have been completely obliterated without her aid, thus retarding the work of colonization for many years.

Jamestown Island is under the immediate care of the Association for the Preservation of Virginia Antiquities and has been in recent years very much improved and beautified. In time it will become a great national historic park like Mount Vernon, and when transportation services have been improved it will be the object of pious pilgrimage to all patriotic Americans.

During his visit to America in October, 1907, the Bishop of London was profoundly interested in this island and declared it should always be reverently cared for, as it will be, without doubt.

In conclusion, the statue and appropriation propose to commemorate not only the brave Indian girl who was, as John Smith says, "Though small in stature, yet in spirit great," but also the great historic event of the preservation by her aid of the first English-speaking permanent settlement in the United States of America.

!

CONGRESS, HOUSE OF REPRESENTATIVES. No.

GOVERNMENT OF THE CANAL ZONE, ETC.

JANUARY 27, 1909.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

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

REPORT.

[To accompany H. R. 27250.]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 11744) to provide for the government of the Canal Zone, the construction of the Panama Canal, and for other purposes, beg leave to report and recommend the passage of the following bill in lieu of H. R. 11744, to wit:

A BILL To provide for the government of the Canal Zone, the construction of the Panama Canal. and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the zone of land and land under water of the width of ten miles, extending to the distance of five miles on each side of the center line of the route of the canal to be constructed thereon, which said zone begins in the Caribbean Sea three marine miles from mean low-water mark and extends to and across the Isthmus of Panama into the Pacific Ocean to the distance of three marine miles from mean low-water mark, including all islands within said described limits and in addition thereto the group of islands in the bay of Panama named Perico, Naos, Culebra, and Flamenco and any lands and waters outside of said limits above described which may be or from time to time may become necessary and convenient for the construction, maintenance, operation, sanitation, or protection of the said canal, or of any auxiliary canals, lakes, or other works necessary and convenient for the construction, maintenance, operation, sanitation, or protection of said enterprise, the use, occupation, and control whereof were granted to the United States by the treaty between the United States and the Republic of Panama, the ratifications of which were exchanged on the twenty-sixth day of February, nineteen hundred and four, and all other territory over which the United States now has or may have hereafter obtained governmental control, situate within the territorial limits of the Republic of Panama, shall be known and designated as the Canal Zone, and the canal to be constructed thereon shall be hereafter known and designated as the Panama Canal.

SEC. 2. That subject to the provisions of this act, and until otherwise provided by Congress, all the military, civil, and judicial powers of the United States in the Canal Zone, including the power to make all laws, rules, and regulations necessary for the government of the Canal Zone and all the rights, powers, and authority granted to the United States by the terms of the treaty described in section one of this act & hall be vested in the President or such person or persons as the President shall, from time H R-60-2-Vol 1-26

to time, designate, detail, or appoint, and shall be exercised in such a manner as the President shall direct for the government of the Canal Zone and the maintenance and protection of the inhabitants thereof in the free enjoyment of their liberty, property, and religion; and all orders and regulations with respect to the government of the Canal Zone heretofore enacted by the President or pursuant to his directions or authority are ratified and confirmed, without prejudice to the power of the President to revoke or amend the same.

SEC. 3. That the President, through one of the executive departments of the Government, to be designated by him, or otherwise, in his discretion, shall cause to be excavated and completed the Panama Canal, and he is hereby authorized, in his discretion, to appoint, by and with the advice and consent of the Senate, one director and one chief engineer of the Panama Canal and one governor of the Canal Zone, and from time to time to fix their compensation, duties, powers, and relative jurisdiction until such time as Congress may by law otherwise provide, and the same person may be appointed to any two of such offices; and the President may remove any of said officials at his pleasure. And the President is further authorized for the purposes described in this act to detail, appoint, and employ, or provide for the appointment or employment of such persons with such duties, powers, jurisdiction, and official designations as may from time to time be deemed necessary, and to dismiss or provide for the dismissal of the same; and the compensation of such persons shall be fixed by the President, or by his authority, until such time as Congress may by appropriation act or other law regulate the same. Any of the persons appointed or employed as aforesaid may be persons in the military or civil service of the United States, but the amount of the official salary paid to any such person shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of this act. Authority is hereby given for the procurement, use, and maintenance of each and everything necessary for the complete construction, maintenance, and operation of said canal from deep water to deep water.

SEC. 4. That from and after such time as the President may designate, the powers and authority heretofore conferred upon the Isthmian Canal Commission shall be exercised by such persons as may be detailed, appointed, or designated by the President in accordance with the provisions of this act.

SEC. 5. That the judicial power in the Canal Zone shall be vested in one circuit court and such inferior courts as the President may constitute. The judge of the circuit court shall be appointed by the President, by and with the advice and consent of the Senate; but in the event of the absence or incapacity of the judge so appointed, a judge pro tempore may be appointed by the governor of the Canal Zone. The records of existing circuit courts and all causes and proceedings pending therein shall be transferred to the jurisdiction of the circuit court hereby created as of the date the judge appointed hereunder qualities.

SEC. 6. In all criminal prosecutions in the Canal Zone for felonies the accused shall enjoy the right of trial by an impartial jury.

SEC. 7. That jurisdiction is conferred upon the circuit court of appeals for the fifth circuit to review by appeal or writ of error or otherwise any final decision of the circuit court of the Canal Zone, which jurisdiction shall be exercised under rules to be prescribed by said circuit court of appeals, and unless otherwise provided shall be exercised as nearly as may be in conformity with the procedure on appeals or writs of error in said circuit court of appeals. The associate justice of the Supreme Court assigned to the said circuit may likewise designate one or more judges thereof, who may hold a term of said circuit court of appeals at Ancon, Canal Zone, at a time between May first and August first of each year, notice of which shall be published within the Canal Zone thirty days in advance, for the purpose of hearing and determining appeals that would otherwise be heard by the circuit court of appeals at New Orleans.

SEC. 8. That in any case proceeding from a Canal Zone court involving a question arising under the Constitution or treaties of the United States or involving a sentence of death or imprisonment for life, an appeal may be granted by the circuit court of appeals from its final judgment to the Supreme Court of the United States. The Supreme Court may also require by certiorari or otherwise any case proceeding from a Canal Zone court to be certified from the circuit court of appeals to the Supreme Court for its review and determination.

SEC. 9. That all expenses incurred by the judges of the said circuit court of appeals in holding sessions on the Isthmus shall be a proper charge against the appropriations for the construction of the Isthmian Canal; and there may be paid to any judge assigned to hear appeals on the Isthmus, in addition to his ordinary salary, his necessary traveling expenses to and from the United States and a per diem of ten dollars, from the time he may leave the United States in the discharge of his duties until his

return.

SEC. 10. That the President, through such officer as he may designate, is hereby authorized to grant leases of the public lands in the Canal Zone, for such period, not exceeding twenty-five years, and upon such terms and conditions as he may deem advisable, reserving in all cases mineral, oil, and gas rights. No agricultural lease, however, shall be granted for a tract of land in excess of fifty hectares, nor to any person who shall not have first established by affidavit, and by such other proof as may be required, that such person is the head of a family, or over the age of twentyone years, that the application for a lease is made in good faith for the purpose of actual settlement and cultivation, and not for the benefit of any other person whatsoever, and that such person will faithfully comply with all the requirements of law and executive regulation as to settlement, residence, and cultivation. In granting such leases preference shall be accorded to actual occupants of lands in good faith. SEC. 11. That no portion of the lands of the United States within the Canal Zone shall be leased hereunder unless it shall first be made to appear, by a statement or plat filed under the authority of the President with the collector of revenues for the Canal Zone, that it is not contemplated to use such lands in the work of canal construction or to set the same aside as a town site; and every lease shall be made subject to the provision that if at any time it shall become necessary for the United States to occupy or use any portion of the leased lands it shall have the right to do so without further compensation to the lessee than for the reasonable value of the necessary improvements made upon said tracts by the lessee and a proportionate reduction of rent, the same to be determined by the courts of the Canal Zone if not mutually agreed upon. SEC. 12. That al laws and treaties relating to the extradition of persons accused of crime, in force in the United States, to the extent that they may not be in conflict with or superseded by any special treaty entered into between the United States and the Republic of Panama with respect to the Canal Zone, shall extend to and be considered in force in the Canal Zone, and for such purposes and such purposes only the Canal Zone shall be considered and treated in all respects as an organized territory of the United States.

PURPOSES OF THE BILL

The provisions of section 1 of the bill are those of delimitation and designation. The section provides that the 10-mile strip extending 5 miles on each side of the canal, as well as the group of islands in the Bay of Panama, and all of the lands and waters in addition, necessary for the construction, operation, sanitation, and protection of the canal, or of any of the auxiliary works, which the United States are authorized to use, occupy, and control, under the treaty with the Republic of Panama, shall be hereafter known and designated as the "Canal Zone" and the canal itself shall be known and designated as the "Panama Canal."

Section 2.

By act of Congress approved April 28, 1904, it was provided that until the expiration of the Fifty-eighth Congress, unless provision for the temporary government of the Canal Zone be sooner made by Congress, all the military, civil, and judicial powers, as well as the power to make all rules and regulations necessary for the government of the Canal Zone, and all the rights, powers, and authority granted by the terms of the treaty with Panama, should be vested in such person or persons and exercised in such manner as the President should direct for the government of said zone and maintaining and protecting the inhabitants thereof in the free enjoyment of their liberty, property, and religion. Section 2 of the bill recommended extends this grant of power, subject to the provisions of the bill, except that the bill provides that such power shall be vested in the President, or in such person or persons as the President shall from time to time designate, detail, or appoint, and further confirms the orders and regulations heretofore enacted by the direction or authority of the President.