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In cases where a licensee makes use of a headwater improvement, the Commission determines the proper share of the annual costs to be paid by the licensee benefited.

The Commission is authorized to conduct general investigations of power resources and of their relation to interstate and foreign commerce, cooperating with State and National agencies in its investigations, and to publish the results of its work in special and annual reports.

Special surveys.-The Commission, in addition to the duties provided for by the Federal Water Power Act, is conducting the following on which reports are being prepared for submission to the President and the Congress:

1. Under Executive Order No. 6251, dated August 19, 1933, a nation-wide survey of power resources, present and future market for electricity, and methods of balancing supply and demand; cost of transmission and distribution to consumers; and formulation of a program of public works.

2. Under Senate Resolution No. 80, dated May 29, 1933, a survey of the costs of electrical distribution.

3. Under Public Resolution No. 18 (S. J. R. No. 74, dated April 14, 1934) a nation-wide survey of electric rates, which will present the first complete statement of all charges for electricity for every community in the country.

THE COMMISSION OF FINE ARTS

By act approved May 17, 1910, Congress created as a permanent body the National Commission of Fine Arts. The commission is " 'composed of seven well-qualified judges of the fine arts," who are appointed by the President and serve for a period of four years each, and until their successors are appointed and qualified.

Under the provisions of this organic act Congress directs that "It shall be the duty of the commission to advise upon the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia, and upon the selection of models for statues, fountains, and monuments erected under the authority of the United States and upon the selection of the artists for the execution of same. It shall be the duty of the officer charged by law to determine such questions in each case to call for such advice. The foregoing provisions of this act shall not apply to the Capitol Building of the United States and the building of the Library of Congress. The commission shall also advise generally upon questions of art when required to do so by the President or by any committee of either House of Congress.

By Executive order dated October 25, 1910, the President directed that “Plans for no public building to be erected in the District of Columbia for the General Government shall be hereafter finally approved by the officer duly authorized until after such officer shall have submitted the plans to the Commission of Fine Arts created under the act of Congress of May 17, 1910, for its comment and advice."

On February 2, 1912, the President directed the commission to advise the officer in charge of public buildings and grounds in regard to the improvement of any of the grounds in the city of Washington under his charge whenever such advice is asked for by that officer. That officer now uniformly consults the commission regarding details of the development of all the parks and reservations under his control.

On November 28, 1913, the President issued the following Executive order: "It is hereby ordered that whenever new structures are to be erected in the District of Columbia under the direction of the Federal Government which affect in any important way the appearance of the city, or whenever questions involving matters of art and with which the Federal Government is concerned are to be determined, final action shall not be taken until such plans and questions have been submitted to the Commission of Fine Arts designated under the act of Congress of May 17, 1910, for comment and advice."

On July 28, 1921, the President issued the following Executive order: "It is hereby ordered that essential matters relating to the design of medals, insignia, and coins produced by the executive departments, also the design of statues, fountains, and monuments, and all important plans for parks and all public buildings, constructed by the executive departments or the District of Columbia, which in any essential way affect the appearance of the city of Washington, or the District of Columbia, shall be submitted to the Commission of Fine Arts for

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advice as to the merits of such designs before the executive officer having charge of the same shall approve thereof."

In order that the development of the District of Columbia may proceed harmoniously both under Federal and District jurisdictions, the President has requested the Board of Commissioners of the District of Columbia to consult the Commission of Fine Arts on matters of art falling under their jurisdiction and control.

The duties of the commission, therefore, now embrace advising upon the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia; upon the selection of models for statues, fountains, and monuments erected under the authority of the United States, and the selection of the artists for their execution; also for medals, insignia, and coins; upon the plans and designs for public structures and parks in the District of Columbia, as well as upon all questions involving matters of art with which the Federal Government is concerned. In addition, the commission advises upon general questions of art whenever requested to do so by the President or any committee of Congress.

Congress has stipulated in many recent enactments that the plans for certain designated buildings, monuments, etc., must be approved by the commission before they can be accepted by the Government.

By act approved May 16, 1930, Congress has given the commission control over certain portions of the District of Columbia in the matter of private buildings, under what is known as the Shipstead-Luce Act.

NATIONAL CAPITAL PARK AND PLANNING COMMISSION

The National Capital Park Commission was created by the act approved June 6, 1924 (Public, No. 202, 68th Cong.) for the purpose of preserving the flow of water in Rock Creek, preventing the pollution of Rock Creek and the Potomac and Anacostia Rivers, preserving forests and natural scenery in and about Washington, and to provide for the comprehensive, systematic, and continuous development of the park, parkway, and playground system of the National Capital. The Director of National Park Service is executive and disbursing officer of the commission.

The commission was authorized and directed to acquire such lands as in its judgment shall be necessary and desirable in the District of Columbia and (by agreement with Maryland and Virginia authorities) adjacent areas in Maryland and Virginia, for suitable development of the National Capital park, parkway, and playground system.

By act of April 30, 1926, the name of the commission was changed to the National Capital Park and Planning Commission. The same officials named in the former act were retained as ex officio members and the President was authorized to add "four eminent citizens well qualified and experienced in city planning, one of whom shall be a bona fide resident of the District of Columbia," to be appointed, after the original appointments, for the term of six years, to serve without compensation. The new commission retained all the powers of the park commission and was given further important advisory powers. It was charged with the duty of preparing, developing, and maintaining a comprehensive, consistent, and coordinated plan for the National Capital and its environs, which plan shall include recommendations to the proper executive authorities as to traffic and transportation, plats and subdivisions; highways, parks, and parkways; school and library sites; playgrounds; drainage, sewer, and water supply; housing, building, and zoning regulations; public and private buildings; bridges and water fronts; commerce and industry; and other proper elements of city and regional planning. Paragraph (c) transfers to this commission the power previously vested in the highway commission, namely, the approval or revision of the recommendations of the Commissioners of the District of Columbia for changes in the existing highway plan. Paragraph (d) vested the new commission with all the powers of the original National Capital Park Commission. By act of May 29, 1930, establishing the George Washington Memorial Parkway and for other purposes, a regional park system for Washington and its environs was approved, including a basis for cooperation with the States of Maryland and Virginia and authorizing an advance of funds to the District of Columbia for use by the commission in accelerating park purchases within the District.

PAN AMERICAN SANITARY BUREAU

(Formerly International Sanitary Bureau)

The Pan American Sanitary Bureau is the central coordinating sanitary agency as well as the general collection and distribution center of sanitary information of the American Republics. It was created by the Second International Conference of American Republics (1901-2), organized by the First Pan American Sanitary Conference (1902), and reorganized by the Sixth Pan American Sanitary Conference (1920). Its functions and duties are fixed by the Pan American Sanitary Code (1924) and modified and amplified by the various international sanitary and other conferences of the American Republics. The bureau is concerned in maintaining and improving the health of all the people of the 21 American Republics and in preventing the international spread of communicable diseases. It acts as a consulting office for the national directors of health of the American Republics, prepares the programs and publishes the proceedings of the Pan American Sanitary Conferences and the Conferences of the National Directors of Health, and carries out epidemiological and other scientific studies and investigations. It also publishes in three languages a monthly Pan American Sanitary Bulletin, weekly reports on disease prevalence, and a series of other publications on sanitary subjects. The bureau is governed by a council elected at each Pan American Sanitary Conference. Its executive officer is a director, also chairman of the board, who is elected at the same conferences. The necessary personnel, including an assistant director, editor, traveling representatives, epidemiologists, experts, translators, and clerks, is assigned or employed by the director to attend to the various duties imposed on the bureau by the Pan American Sanitary Code and the Pan American Sanitary Conferences. The bureau is supported by a fund contributed by all the American Republics in proportion to their populations. Address all correspondence to the Director, Pan American Sanitary Bureau, Washington, D. C.

1928.

INLAND WATERWAYS CORPORATION

The Inland Waterways Corporation is charged with the duties incident to the aevelopment of national inland waterway transportation as delegated to the Secretary of War under the transportation act of 1920 and by Public 185, approved June 3, 1924, as amended by Public 601, Seventieth Congress, approved May 29, This corporation supervises the maintenance of barge lines operated by the Government on several important water routes; investigates types of floating and terminal equipment suitable for various waterways, as well as tariff and interchange arrangements between rail and water carriers and other matters tending to promote and encourage waterway traffic; and in general functions as the official governmental inland waterways bureau.

AMERICAN BATTLE MONUMENTS COMMISSION

The American Battle Monuments Commission was created by an act of Congress approved March 4, 1923, for the purpose of preparing plans for and erecting suitable memorials to mark and commemorate the services of the American forces in Europe during the World War, including works of architecture and art in the American cemeteries in Europe. The act creating the commission charges it with the duties of controlling as to materials and design, providing regulations for and supervising the erection of all memorial monuments and buildings in the American cemeteries in Europe. To the commission is given the function of photographing the battlefields of Europe upon which American forces were engaged, in order to complete the historical records of these forces.

The commission is directed to cooperate, in such manner as it shall determine, with American citizens, States, municipalities, and associations desiring to erect war memorials in Europe, providing that the plans for such memorials have been approved by the commission in accordance with the provisions of the act.

The commission is authorized to receive funds from any State, municipal, or private source for the purposes of its work, and is also permitted to furnish replicas of any memorial, or part thereof, at actual cost, applying the proceeds of such sales to the purposes of the commission.

On May 21, 1934, all functions of administration which were then being exercised by the War Department with respect to National Cemeteries and Memorials in Europe were transferred to the commission in pursuance of Executive Orders 6614 and 6690.

FEDERAL COMMUNICATIONS COMMISSION

The Federal Communications Commission was created by an act of Congress approved June 19, 1934. The commission is composed of seven commissioners and is divided into three divisions, viz.: Broadcast, telegraph, and telephone. The duties of each division have to do with the regulation of interstate and foreign commerce in communication by wire and radio in their respective fields. The commission is assisted by three directors, one for each division, a secretary of the whole commission, a general counsel, and chief engineer. The commission and divisions, when necessary, hold hearings on applications for facilities under its jurisdiction.

Upon enactment into law of the Communications Act, the Federal Radio Commission was abolished and its records and property transferred to the Federal Communications Commission. Also, all duties, powers, and functions of the Interstate Commerce Commission under the act of August 7, 1888 (25 Stat. 382), relating to operation of telegraph lines by railroad and telegraph companies granted Government aid in the construction of their lines, are hereby imposed upon and vested in the commission: Provided, That such transfer of duties, powers, and functions shall not be construed to affect the duties, powers, functions, or jurisdiction of the Interstate Commerce Commission under, or to interfere with or prevent the enforcement of, the Interstate Commerce Act and all acts amendatory thereof or supplemental thereto. All duties, powers, and functions of the Postmaster General with respect to telegraph companies and telegraph lines under any existing provision of law are hereby imposed upon and vested in the commission.

COURT OF CLAIMS OF THE UNITED STATES

This court was established by act of Congress February 24, 1855 (10 Stat. L. 612). It has general jurisdiction (36 Stat. L. 1135) of all "claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulations of an executive department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable, except claims growing out of the late Civil War and commonly known as war claims,' and certain rejected claims.

It has jurisdiction also of claims of like character which may be referred to it by the head of any executive department involving controverted questions of fact or law. In all the above-mentioned cases the court, when it finds for the claimant, may enter judgment against the United States, payable out of the Public Treasury.

Under section 3 of the act of February 13, 1925, the Court of Claims may certify to the Supreme Court any definite and distinct questions of law concerning which instructions are desired for the proper disposition of the cause; and also in any case the Supreme Court upon the petition of either party may require by certiorari that the cause be certified to it for review and determination. It also has jurisdiction of the claims of disbursing officers of the United States for relief from responsibility for losses of Government funds and property by capture or otherwise, without negligence, while in the line of duty.

There is a statute of limitations which prevents parties from bringing actions on their own motion beyond six years after the cause of action accrued, but the departments may refer claims at any time if they were pending therein within the six years.

By the act of March 2, 1919 (40 Stat. 772), known as the Dent Act, the Court of Claims is given jurisdiction of the class of war claims therein specified. In these cases the action of the Secretary of War upon the claim, or his failure to act thereon, is a condition precedent to the right of the claimant to commence an action in the Court of Claims.

The court also has jurisdiction of actions provided for by certain statutes passed during the last war permitting the seizure of property by the Government. By section 151, Judicial Code (36 Stat. L. 1135), whenever any bill, except for a pension, is pending in either House of Congress providing for the payment of a claim against the United States, legal or equitable, or for a grant, gift, or bounty to any person, the House in which such bill is pending may, for the investigation and determination of facts, refer the same to the Court of Claims, which shall proceed with the same in accordance with such rules as it may adopt and report to such House the facts in the case and the amount, where the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim or applying for such grant, gift, or bounty, and any facts bearing upon the question whether the bar of any statute of limitation should be removed or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy, together with such conclusions as shall be sufficient to inform Congress of the nature and character of the demand, either as a claim, legal or equitable, or as a gratuity against the United States, and the amount, if any, legally or equitably due from the United States to the claimant: Provided, however, That if it shall appear to the satisfaction of the court upon the facts established that under existing laws or the provisions of this chapter, the subject matter of the bill is such that it has jurisdiction to render judgment or decree thereon, it shall proceed to do so, giving to either party such further opportunity for hearing as in its judgment justice shall require, and it shall report its proceedings therein to the House of Congress by which the same was referred to said court.

Section 5, act of March 4, 1915 (38 Stat. 996), provides: "That from and after the passage and approval of this act the jurisdiction of the Court of Claims shall not extend to or include any claim against the United States based upon or growing out of the destruction of any property or damage done to any property by the military or naval forces of the United States during the war for the suppression of the rebellion, nor to any claim for stores and supplies taken by or furnished to or for the use of the military or naval forces of the United States, nor to any claim for the value of any use and occupation of any real estate by the military or naval forces of the United States during said war; nor shall said Čourt of Claims have jurisdiction of any claim which is now barred by the provisions of any law of the United States."

By act of March 3, 1891, chapter 538 (26 Stat. L. 851, and Supplement to R. S., 2d ed., p. 913), the court is vested with jurisdiction of certain Indian depredation claims.

The act of June 25, 1910, chapter 423 (36 Stat. L. 851-852), "An act to provide additional protection for owners of patents of the United States, and for other purposes," conferred a new jurisdiction.

There are five judges, who sit together in the hearing of cases, the concurrence of three of whom is necessary for the decision of any case.

All claims are prosecuted in the Court of Claims by an action commenced by the filing of a petition and prosecuted in accordance with the rules of the court, copies of which rules can be obtained upon application to the clerk of the court. The court is located at Washington, D. C., in the old Corcoran Art Building, Seventeenth Street and Pennsylvania Avenue. The term begins on the first Monday in December each year and continues until the Saturday before the first Monday in December. Cases may be commenced and entered at any time, whether the court be in session or not.

PERRY'S VICTORY MEMORIAL COMMISSION

The Perry's Victory Memorial Commission, created by act of Congress approved March 3, 1919, is charged with the administration of the Perry's Victory Memorial at Put in Bay, South Bass Island, Lake Erie, Ohio, erected by the Federal Government and the States of Ohio, Pennsylvania, Michigan, Illinois, Wisconsin, New York, Rhode Island, Kentucky, and Massachusetts. Members of the commission are those named in the act, who formerly composed an interstate board appointed, on legislative authority, by the governors of the States named, the act providing that their successors shall be appointed by the President of the United States.

The commission is required to report annually to the Secretary of the Interior all receipts and disbursements of money and regarding the physical condition of the memorial property. Costs of operation are met by revenue derived from small

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