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§ 5251b. (Act May 24, 1922, c. 199.) Revenues of Hot Springs National Park covered into Treasury; estimates of amount required for administration, etc.

From and after July 1, 1922, all revenues of the Hot Springs National Park shall be covered into the Treasury to the credit of miscellaneous receipts, except such as may be necessary to pay obligations outstanding on June 30, 1922. Estimates shall be submitted for the fiscal year 1924 and annually thereafter, in the manner prescribed by law, of the amounts required for the administration, protection, maintenance, and improvement of such park. (42 Stat. 590.)

From the Interior Department appropriation act for the year 1923, cited above.

§ 5258a. (Act June 5, 1920, c. 235, § 1.) Hot Springs Reservation; charges assessable against physicians prescribing use of hot waters and bath attendants and masseurs.

The Secretary of the Interior is hereby authorized to assess and collect from physicians, who desire to prescribe the hot waters from the Hot Springs Reservation, reasonable charges for the exercise of such privilege, including fees for examination and registration; and he is also authorized to assess and collect from bath attendants and masseurs operating in all bathhouses receiving hot water from the reservation, reasonable charges for the exercise of such privileges. The moneys received from the exercise of this authority shall be used in the protection and improvement of the said reservation. (41 Stat. 918.)

This section is a provision of the sundry civil appropriation act for the fiscal year 1921, cited above.

§ 5261. (Act April 20, 1904, c. 1400, § 1.) Same; operation of laws of United States and of Arkansas.

Act Sept. 18, 1922, c. 321, 42 Stat. 847, reads as follows:

"The provision of the Act of the Legislature of the State of Arkansas, approved February 2, 1921, ceding to the United States exclusive jurisdiction over block eighty-two, within the Hot Springs National Park, are hereby accepted, and the provisions of the Act approved April 20, 1904, as amended by the Acts of March 2, 1907, and March 3, 1911, relating to the Hot Springs Mountain Reservation, Arkansas, are extended to said block eighty-two."

§ 5277b. (Act June 5, 1920, c. 247, § 1.) Custer State Park Game Sanctuary; establishment.

The President of the United States is hereby authorized to designate as the Custer State Park Game Sanctuary such areas, not exceeding thirty thousand acres, of the Harney National Forest, and adjoining or in the vicinity of the Custer State Park, in the State of South Dakota, as should, in his opinion, be set aside for the protection of game animals and birds and be recognized as a breeding place therefor. (41 Stat. 986.)

This section, and the 4 sections next following, are an act entitled "An act for the creation of the Custer State Park Game Sanctuary, in the State of South Dakota, and for other purposes," cited above.

§ 5277c. (Act June 5, 1920, c. 247, § 2.) Same; hunting, etc., in; regulation; punishment.

When such areas have been designated as provided for in section 1 of this Act, hunting, trapping, killing, or capturing of game animals and birds upon the lands of the United States within the limits of said areas shall be unlawful, except under such regulations. as may be prescribed from time to time by the Secretary of Agriculture; and any person violating such regulations or the provisions of this Act shall be deemed guilty of a misdemeanor, and shall, upon conviction in any United States court of competent jurisdiction, be

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fined in a sum not exceeding $1,000, or be imprisoned for a period not exceeding one year, or shall suffer both fine and imprisonment, in the discretion of the court. (41 Stat. 986.)

See note to 5277b, ante.

§ 5277d. (Act June 5, 1920, c. 247, § 3.) Same; purpose of act. It is the purpose of this Act to protect from trespass the public lands of the United States and the game animals and birds which may be thereon, and not to interfere with the operation of the local game laws as affecting private or State lands. (41 Stat. 986.)

See note to § 5277b, ante.

§ 5277e. (Act June 5, 1920, c. 247, § 4.) Same; enclosure.

The State of South Dakota is hereby authorized and permitted to erect and maintain a good substantial fence, inclosing in whole or in part such areas as may be designated and set aside by the President under the authority of section 1. The State shall erect and maintain such gates in this fence as may be required by the authorized agents of the Federal Government in administering this game sanctuary and the adjoining national forest lands, and may erect and maintain such additional inclosures as may be agreed upon with the Secretary of Agriculture. The right of the State to maintain this fence shall continue so long as the area designated by the President as a game sanctuary is also given similar protection by the laws of the State of South Dakota. (41 Stat. 986.)

See note to § 5277b, ante.

§ 5277f. (Act June 5, 1920, c. 247, § 5.) Same; exchange of lands with state of South Dakota.

Upon recommendation of the Secretary of Agriculture, the Secretary of the Interior may patent to the State of South Dakota not to exceed one thousand six hundred acres of nonmineral national forest lands not otherwise appropriated or withdrawn within the areas set aside by the President under the authority of section 1: Provided, That the State of South Dakota conveys to the Government good and sufficient title to other lands of equal value owned by the State and lying within the exterior boundaries of a national forest in the State of South Dakota and approved by the Secretary of Agriculture as equally desirable for national forest purposes, the lands thus conveyed to the Government to become a part of the national forest: Provided, however, That this authority shall not operate to restrict any selection rights which the State may have or may be hereafter granted, excepting as to the specific lands conveyed to the Government under authority of this Act. (41 Stat. 986.)

See note to § 5277b, ante.

§ 5279. (Act June 8, 1906, c. 3060, § 2.) National monuments; historic landmarks; reservations; private claims.

"Object of scientific interest."-Under this act, the President was authorized to establish a monument reserve embracing the Grand Canyon, of the Colorado river; it being an "object of scientific interest." Cameron v. U. S.,

40 S. Ct. 410, 252 U. S. 450, 64 L. Ed. 659, affirming decree (C. C. A. Ariz.) 250 F. 943.

Cited without definite application, 30 Op. Atty. Gen. 527.

§ 5281a. (Act May 24, 1922, c. 199.) Forest fires in parks. Fighting forest fires in national parks: For fighting forest fires in national parks or other areas administered by the National Park Service, or fires that endanger such areas, and for replacing buildings or other physical improvements that have been destroyed by forest fires within such areas, * *: Provided, that these funds shall not be used for any precautionary fire protection or patrol work

prior to actual occurrence of the fire: And provided further, That the allotment of these funds to the various national parks or areas administered by the National Park Service for fire fighting purposes shall be made by the Secretary of the Interior, and then only after the obligation for the expenditure has been incurred, and the Secretary of the Interior shall submit with his annual estimate of expenditures a report showing the location, size, and description of each forest fire, together with the number of men, their classification, and rate of pay and actual time employed, and a statement of expenditures showing the cost for labor, supplies, special service, and other expenses covered by the expenditures made from these funds. (42 Stat. 590.)

From the Interior Department appropriation act for the year 1923, cited above. Similar provisions are contained in prior acts.

§ 5281b. (Act Aug. 26, 1922, c. 295, § 1.) National monument in Riverside County, California.

That the Secretary of the Interior be, and he is hereby, authorized to set apart the following-described lands located in the county of Riverside, in the State of California, as a national monument, which shall be under the exclusive control of the Secretary of the Interior, who shall administer and protect the same under the provisions of the Act of Congress approved June 8, 1906, entitled “An Act for the preservation of American antiquities," and under such regulations as he may prescribe: The west half of the southwest quarter of section two, the southeast quarter of section three, all of section ten, the west half of the northwest quarter of section eleven, all of section fourteen, all in township five south, range four east, San Bernardino base and meridian, containing one thousand six hundred acres: Provided, That before such reservation and dedication as herein authorized shall become effective the consent and relinquishment of the Agua Caliente Band of Indians shall first be obtained, covering its right, title, and interest in and to the lands herein described, and payment therefor to the members of said band on a per capita basis, at a price to be agreed upon, when there shall be donated for such purposes to the Secretary of the Interior a fund in an amount to be fixed and determined by him as sufficient to compensate the Indians therefor. (42 Stat. 832.)

This section, and the two sections next following, are an act entitled "An act authorizing the Secretary of the Interior to dedicate and set apart as a national monument certain lands in Riverside County, California," cited above.

§ 5281c. (Act Aug. 26, 1922, c. 295, § 2.) Same; payment there

for.

In order to determine the amount to be paid under the preceding section the Secretary of the Interior is authorized and directed to negotiate with said Indians to obtain their consent and relinquishment, and when such consent and relinquishment has been obtained and an agreement reached the Secretary of the Interior is further authorized to make payment from said donated fund for the lands relinquished to the enrolled members of the said Agua Caliente Band as authorized by section 1 of this Act: Provided, That the consent and relinquishment of the Indians may be obtained and payment made for the lands in such manner as the Secretary of the Interior may deem advisable: Provided further, That the water rights, dam, pipe lines, canals, and irrigation structures located in sections two and three of township five south, range four east, San Bernardino meridian, and also all water and water rights in Palm Canyon, are hereby excepted from this reserve and

shall remain under the exclusive control and supervision of the Bureau of Indian Affairs. (42 Stat. 832.)

See note to 5281b, ante.

§ 5281d. (Act Aug. 26, 1922, c. 295, § 3.) Same; Water Power Act not applicable.

The provisions of the Act of Congress approved June 10, 1920, known as the Federal Water Power Act, shall not apply to this monument.. (42 Stat. 832.)

See note to § 5281b, ante.

TITLE XXXII C-THE NATIONAL

MILITARY PARKS

§ 5286. (Act March 3, 1897, c. 372, § 3.) Arrest and prosecution of offenders.

Cited without definite application,
See 30 Op. Atty. Gen. 465.

§ 5290a. (Act Nov. 19, 1921, c. 132, § 1.) Park on plains of Chalmette; investigation as to feasibility of establishment.

That the Secretary of War be, and he is hereby, directed to investigate the feasibility of establishing a national military park on the plains of Chalmette, below the city of New Orleans, where was fought on January 8, 1815, the Battle of New Orleans, and to prepare plans of such park and estimate of the cost therefor, and obtain such further information as may enable Congress to act upon the matter after being fully advised. (42 Stat. 221.)

This section, and the section next following, are an act entitled "An act in reference to a national military park on the plains of Chalmette, below the city of New Orleans," cited above.

§ 5290b. (Act Nov. 19, 1921, c. 132, § 2.) Same; expense of investigation.

The expenses of the investigation herein directed to be made shall be paid from the appropriation "Contingencies of the Army." (42 Stat. 221.)

See ante, § 5290a, note.

(1543)

[blocks in formation]

schedules and free list.

5291c. Same; repeal. 5292-5304. [Repealed.]

§ 5291. [Repealed.]

Sec.

5305-5307. [Saved from repeal.]
5308-5318. [Repealed.]

5319. Suspension of importation of
products from countries mak-
ing unjust discriminations.

5326. [Repealed.]

This section (a part of section I of Act Oct. 3, 1913, c. 16, 38 Stat. 114, the tariff act of 1913, as amended by Act April 27, 1916, c. 93, 39 Stat. 56, Act Sept. 8, 1916, c. 463, §§ 500-502, 600, 39 Stat. 793, 794, 795, and Act April 23, 1920, c. 158, § 1, 41 Stat. 573, and containing the tariff schedules and the free list of said tariff act) was repealed by Act Sept. 21, 1922, c. 356, title III, § 321, the "Tariff Act of 1922," post, § 5841c-48. For the tariff schedules of the "Tariff Act of 1922" and the free list, see post, §§ 5841a, 5841b.

The amendment of this section by Act April 23, 1920, c. 158, § 1, 41 Stat. 573, read as follows:

"322. Printing paper (other than paper commercially known as handmade or machine handmade, japan paper, and imitation japan paper by whatever name known), unsized, sized, or glued, suitable for the printing of books and newspapers, but not for covers or bindings, not specially provided for in this section, valued above 8 cents per pound, 12 per centum ad valorem: Provided, however, That if any country, dependency, Province, or other subdivision of government shall impose any export duty, export license fee, or other charge of any kind whatsoever (whether in the form of additional charge or license fee or otherwise) upon printing paper, wood pulp, or wood for use in the manufacture of wood pulp, there shall be imposed upon printing paper, value above 8 cents per pound, when imported either directly or indirectly from such country, dependency, Province, or other subdivision of government, an. additional duty equal to the amount of the highest export duty or other export charge imposed by such country, dependency, Province, or other subdivision of government, upon either printing paper or upon an amount of wood pulp or wood for use in the manufacture of wood pulp necessary to manufacture such printing paper.

"567. Printing paper (other than paper commercially known as handmade or machine handmade paper, japan paper, and imitation japan paper by whatever name known), unsized, sized, or glued, suitable for printing of books and newspapers, but not for covers or bindings, not especially provided for in this section, valued at not above 8 cents per pound, decalcomania paper not printed."

Section 2 of said Act April 23, 1920, c. 158, 41 Stat. 573, provided that it (the act) should expire by limitations at the end of two years from the date of its passage, and that § 600 of Act Sept. 8, 1916, c. 463, 39 Stat. 795 (par. 322, as last amended), as in effect prior to the passage of said act (Act April 23, 1920, c. 158) should again become operative in its stead. Text 1922 Act, post, § 5841a, et seq.

Notes of Decisions

Newton v. Guerin (C. C. A. N. Y.) 279 F. 256; The Goodhope (D. C. Wash.) 268 F. 694.

11. Imported.-Merchandise is not "imported" until it has passed beyond the custody and control of the customs

officials and into the custody and control of the importer, his agent, or consignee, thereby becoming a part of the body commerce of this country. U. S. v. Cronkhite Co., 9 Ct. Cust. App. 129. It would be inequitable and presum

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