"Twenty-fifth Division, Pangasinan, two thousand five hundred dollars. "Twenty-sixth Division, Rizal, one thousand five hundred dollars. "Twenty-seventh Division, Romblon, one thousand five hundred dollars. "Twenty-eighth Division, Surigao, one thousand five hundred dollars. "Twenty-ninth Division, Tarlac, one thousand five hundred dollars. "Thirtieth Division, Tayabas, two thousand dollars. "Thirty-first Division, Zambales, one thousand five hundred dollars. "In the Thirty-second, Thirty-third, Thirty-fourth, and Thirty-fifth Divisions, comprising the Provinces of Mindoro, Benguet, LepantoBontoc, and Paragua, the respective governors shall act, without additional compensation, as division superintendents: Provided, That for school purposes the entire Island of Paragua shall constitute the school division under the supervision of the governor of the Province of Paragua." (c) By making section six read as follows: SEC. 6. Whenever the business of his office renders it necessary, each division superintendent may be allowed a clerk to be appointed under the provisions of the Civil Service Law, The respective salaries of the clerks of the Seventh, Tenth, Twelfth, Thirteenth, Sixteenth, Eighteenth, Twenty-second, Twenty-fourth, and Twenty-fifth Divisions shall not exceed a sum at the rate of twelve hundred dollars per annum; the respective salaries of the clerks in the Second, Third, Fourth, Fifth, Eleventh, Fourteenth, Twentieth, and Thirtieth Divisions shall not exceed a sum at the rate of nine hundred dollars per annum; and the respective salaries of the clerks in the Sixth, Eighth, Ninth, Fifteenth, Seventeenth, Nineteenth, Twenty-first, Twenty-third, Twenty-sixth, Twenty-seventh, Twenty-eighth, Twenty-ninth, and Thirty-first Divisions shall not exceed a sum at the rate of six hundred dollars per annum." (d) By making section seven read as follows: "SEC. 7. The actual expenses, including the cost of subsistence in excess of one dollar money of the United States per day, of the General Superintendent, assistant to the General Superintendent, and the division superintendents while absent from their usual places of residence on official business, shall be paid out of the Insular Treasury. (e) By making the last sentence of section nine read as follows: Unless otherwise authorized and directed by the General Superintendent of Education or the Civil Governor, he shall have and maintain his residence and keep his office in the town in which the provincial school is established, if such school exists, and if no such school exists he shall have and maintain his residence and keep his office in one of the large towns in his division from which all the pueblos in such division can be most conveniently reached." SEC. 2. The General Superintendent of Education is hereby authorized to pay the salary of the assistant to the General Superintendent until July first, nineteen hundred and three, from funds already appropriated for elementary teachers. He is also authorized to pay the salary of the division superintendent of Nueva Vizcaya from the funds already appropriated for the superintendent of the former division of Antique. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This act shall take effect on its passage. Enacted, March 7, 1903. [No. 673.] AN ACT authorizing the nomination to the Director of the Census of certain enumerators and special agents of the census, the provisions of paragraph two of section eight of Act Numbered Four hundred and sixty-seven to the contrary notwithstanding. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The supervisor of the census for the district comprised in the Province of Bohol is hereby authorized and empowered to nominate to the Director of the Census Gerarda Clarin, Andrea Clarin, Ramos Clarin, Froilan Gallardo, Cirilo Clarin, Proceso Clarin, Santiago Butalid, Andres Lumain, Pedro Lumain, Claudio Butalid, Fortunato Butalid, Macario Lumain, Luis Butalid, Protasio Clarin, Severino Clarin, Osidio Gallardo, Gaudencio Mendoza, Esteban Lumain, Nicolas Butalid, and Simeon Clarin as enumerators and special agents of the census within his district, regardless of the relationship, by affinity or consanguinity, of said persons to him, the provisions of paragraph two of section eight of Act Numbered Four hundred and sixtyseven, entitled "An Act to provide for taking a census of the Philippine Islands," to the contrary notwithstanding. SEC. 2. The supervisor of the census for the district comprised in the Province of Misamis is hereby authorized and empowered to nominate to the Director of the Census Pedro Roa, Pedro Valez, and Pio Roa as enumerators and special agents of the census within his district, regardless of the relationship, by affinity or consanguinity, of said persons to him, the provisions of paragraph two of section eight of Act Numbered Four hundred and sixty-seven, entitled "An Act to provide for taking a census of the Philippine Islands," to the contrary notwithstanding. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This act shall take effect on its passage. [No. 674.] AN ACT appropriating one million dollars in money of the United States for improvement of the port of Manila. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The sum of one million dollars in money of the United States is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, to be made available and expended by the Civil Governor through the Chief Engineer of the United States Army, Division of the Philippines, for continuing the improvements of the harbor of Manila, and other public works as provided in Act Numbered Twenty-two, as amended. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This act shall take effect on its passage. [No. 675.] AN ACT to amend Act Numbered Two hundred and thirty-eight, regulating the police control of Cavite Harbor and vesting the same in the Admiral of the United States Navy commanding the Asiatic station, as amended, by providing that nothing in the Act contained shall affect the customs jurisdiction of the Insular Collector of Customs. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section one of Act Numbered Two hundred and thirtyeight, entitled "An Act fixing the limits of Cavite Harbor, vesting the Admiral of the United States Navy in command of the Asiatic station with police jurisdiction thereof and providing rules and regulations for governing vessels anchored therein," as amended, is hereby amended by adding at the end of the section the following proviso: "Provided however, That nothing in this section or Act contained shall affect or diminish the power and duty of the Collector of Customs of the Islands and of Manila to take all steps provided and authorized by law with respect to vessels in Cavite harbor prescribed for the purpose of protecting the customs revenues of the Islands." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This act shall take effect on its passage. [No. 676.] AN ACT to amend section forty-one of Act Numbered Eighty-two known as "The Municipal Code," by giving the provincial board of a province power to annul acts, ordinances, or resolutions of a municipal council or an executive order of the president of a municipality when the same are unauthorized by the Municipal Code." By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section forty-one of Act Numbered Eighty-two, known as "The Municipal Code," is hereby amended by striking out all of WAR 1903-VOL 8- -28 the section as it appears in the Act, and substituting in lieu thereof the following: "SEC. 41. Whenever the council is desirous of securing a legal opinion upon questions arising in relation to the constitution or attributes of the municipal government, it shall frame the questions in writing and submit them to the provincial fiscal for decision. It shall be the duty of the secretary of the municipal council to forward, immediately after their passage, certified copies of all resolutions, ordinances, and other acts of the municipal council to the provincial governor. It shall be the duty of the president of each municipality whenever he makes a formal executive order which is published, to direct the municipal secretary to forward a certified copy of the same to the governor of the province. In case the governor shall think it probable that any act, ordinance, or resolution of the municipal council, or any executive order of the municipal president is not within its or his legal power, as conferred by the Municipal Code and its amendments, he shall bring the same to the attention of the provincial board, which shall request the opinion of the provincial fiscal as to the validity of the act, ordinance, resolution or order in question, and if, after receiving the opinion of the provincial fiscal, the board shall conclude that such act, ordinance, resolution, or executive order is in violation of the powers conferred by the Municipal Code upon the council or the president making the same, the provincial board shall have the power, and it shall be its duty, to declare such act, ordinance, resolution, or executive order to be null and void, and shall immediately notify the council or the president, as the case may be, of its action. Any attempt to enforce such act, ordinance, resolution, or executive order, after the provincial board shall have declared it to be null and after the action of the provincial board shall be brought to the attention of the municipal authorities, shall be sufficient ground for the dismissal of the officer or officers attempting to enforce the same. Should the council or the president be dissatisfied with the decision of the provincial board, an appeal may be taken by it or by him to the Civil Governor, who shall decide the same question which was presented to the provincial board and either affirm or reverse the decision of the provincial board. If the decision of the provincial board is affirmed, the act, ordinance, resolution, or executive order involved shall be annulled. If, however, he shall reverse the decision of the provincial board, then and in that case notice of his decision shall be given to the provincial governor, to the president or council of the municipality appealing, and upon receipt of notice by the appellant, the act, ordinance, resolution, or executive order shall be revived and come into force again. Pending the decision on appeal from an order of the provincial board annulling any act, ordinance, resolution, or executive order, the same shall have no force and effect. Nothing in this section shall be construed to deprive any judicial tribunal of power to hold void for want of statutory authority any act, ordinance, or resolution of a municipal council or executive order of a municipal president the validity of which shall be involved in any cause arising before such tribunal, without respect to the decision of the executive authorities." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 3. This act shall take effect on its [No. 677.] passage. AN ACT authorizing the Commissioner of Public Health, with the approval of the Civil Governor, to assign presidents of provincial boards of health and presidents of municipal boards of health to duty outside their provinces or municipalities, providing for the payment of their traveling expenses and subsistence while so assigned, creating certain additional positions in the Board of Health for the Philippine Islands, and making provision for the payment of the salaries of the positions so created. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The Commissioner of Public Health is hereby authorized, subject to the approval of the Civil Governor, to assign presidents of provincial boards of health to temporary duty outside the province in which they are regularly located. The traveling expenses and subsistence of presidents of provincial boards of health so assigned shall be paid during such assignment from the Insular Treasury. The Commissioner of Public Health is further authorized, when in his judgment such a course is in the public interest, to assign presidents of municipal boards of health to temporary duty outside the municipalities in which they are regularly located. The traveling expenses and subsistence of presidents of municipal boards of health so assigned shall be paid during such assignment from the Insular Treasury. SEC. 2. The Commissioner of Public Health is hereby authorized to appoint the following employees for the purpose of initiating the work of immunizing the cattle and carabaos of the Philippine Islands against rinderpest: Two veterinarians of class seven and ten inoculators of Class A. SEC. 3. The payment of the salaries of the positions herein created, and of the traveling expenses and subsistence of presidents of provincial and municipal boards of health when assigned in accordance with the provisions of section one of this Act, for the fiscal year nineteen hundred and three, is hereby authorized out of funds appropriated in Act Numbered Five hundred and ninety-five under the heading "Suppression and extermination of epidemic diseases and pests, Board of Health for the Philippine Islands, nineteen hundred and three." SEC. 4. This Act shall be retroactive in so far as necessary to authorize the payment from the Insular Treasury of the traveling expenses and subsistence of Doctor F. W. Dudley, president of the provincial board of health of Pampanga, who was assigned by the Commissioner of Public Health on February twentieth, nineteen hundred and three, to duty outside the Province of Pampanga. SEC. 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 6. This act shall take effect on its passage. Enacted, March 12, 1903. |