Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · STATUTES-AT-LARGE · Vol. 49 STAT. · December 13, 1830 · Public Law 383

Public Law 383.

9,506 words·~43 min read·/statutes-at-large/vol-49/public-law-383·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/74/382).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Columbus, Miss.Acquisition of site for public building at. That the Secretary of the Treasury, subject to the availability of appropriated moneys therefor, is authorized, in his discretion, to acquire a new site in the city of Columbus, county of Lowndes, State of Mississippi, and to construct a post-office building thereon. Sec. 2. Lease authorized.
That the Secretary of the Treasury may acquire such site by lease rather than by purchase, if in his discretion it is deemed desirable that the site should be located in section 16, fractional township 18, south of range 18, west of the basis meridian of Madison County, Alabama, in which section the said city of Columbus is in large part situated: in which case the Secretary of the Treasury may lease such site from the mayor and city council of the city of Columbus, at such rental as he deems reasonable, for a term of ninety-nine years from the 1st day of August 1921, renewable forever, as provided by Acts of the Legislature of Mississippi approved December 13, 1830 (Laws of Mississippi, 1830, ch.
II), and March 20, 1914 (Laws of Mississippi, 1914, ch. 462), or may obtain by assignment, by condemnation, or otherwise, an existing lease, for the same term, of such site. Sec. 3. Appropriation authorized; limitation waived.Vol. 47, p. 412; [U. S. C., p. 1771](/us/usc/p1771). There is authorized to be appropriated, without regard to the limitations of section 322 of part II of the Legislative Appropriation Act for the fiscal year ending June 30, 1933, approved June 30, 1932, such amounts as may be necessary to pay the installments of rent provided for in a lease obtained pursuant to the authority *Proviso*.Payment.contained in section 2 of this Act: *Provided*, That the first annual installment of rent and the original purchase price, if any, of such lease shall be paid out of any funds made available for the acquisition of the site and the construction of a building thereon.
Approved, August 27, 1935. To amend the joint resolution entitled “Joint resolution for the relief of Porto Rico”, approved December 21, 1928, to permit an adjudication with respect to liens of the United States arising by virtue of loans under such joint resolution. 1935-08-27 49 Stat. 926 776 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-01-07 public [CHAPTER 776.] JOINT RESOLUTION To amend the joint resolution entitled “Joint resolution for the relief of Porto Rico”, approved December 21, 1928, to permit an adjudication with respect to liens of the United States arising by virtue of loans under such joint resolution. August 27, 1935.[[H. J. Res. 129](/us/bill/74/hjres/129).][[Pub. Res., No. 59](/us/bill/74/pubres/59).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Puerto Rican relief.Vol. 45, p. 1067, amended.
That the joint resolution entitled “Joint resolution for the relief of Porto Rico”, approved December 21, 1928, is hereby amended by adding at the end thereof a new section reading as follows: 927 " “Sec. 7.
(a)Upon the conditions herein prescribed for theMortgage fore-closures, etc.Consent to name Government party defendant in suits involving, granted. protection of the United States, the consent of the United States is given, to be named a party in any suit which is now pending or which may hereafter be brought in any of the insular courts of the island of Puerto Rico by the Federal Land Bank of Baltimore or the Federal Farm Mortgage Corporation for the foreclosure of any mortgage or other lien upon real estate for the purpose of any mortgage or other lien upon real estate for the purpose of11So in original. securing an adjudication touching any junior mortgage or other junior lien the United States may have or claim by virtue of loans made pursuant to the provisions of this joint resolution. Service upon the United StatesService of process upon United States. shall be made by serving the process of the court with a copy of the bill of complaint upon the United States attorney for the district or division in which the suit has been or may be brought and by sending copies of the process and bill, by registered mail, to the Attorney General of the United States at Washington, District of Columbia. The United States shall have sixty days after service as above provided, or such further time as the court may allow, within which to appear and answer, plead, or demur. Any such suit broughtRemoval of suits from insular courts. against the United States in any insular court may be removed by the United States to the United States District Court for the district in which the suit may be pending. The removal shall be effected in the[U. S. C., p. 1234](/us/usc/p1234). manner prescribed by section 29 of the Judicial Code (U. S. C., title 28, sec. 72): *Provided*, That the petition for removal may be filed*Provisos*.Procedure. at any time before the expiration of thirty days after the time herein or by the court allowed by the United States to answer, and no removal bond shall be required. The court to which the cause is removed may, before judgment, remand it to the insular court if it shall appear that there is no real dispute respecting the rights of the United States, or all the other parties shall concede of record the claims of the United States. Except as herein otherwiseJudicial sales; effect of. provided, a judicial sale made in pursuance of a judgment in such a suit shall have the same effect respecting the discharge of the property from liens and encumbrances held by the United States as may be provided with respect to such matters by the law of Puerto Rico and in which island the land is situated: *Provided*, That a sale toSatisfying lien inferior to that of Government.Exception. satisfy a lien inferior to one of the United States shall be made subject to and without disturbing the lien of the United States, unless the United States, by its attorneys, consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled. In any case where the debt to the UnitedForeclosure of Government’s liens, etc. States is due, the United States may ask, by way of affirmative relief, for the foreclosure of its own lien or mortgage and in any case where the property is sold to satisfy a first mortgage or first lien held by the United States, the United States may bid at the sale such sum not exceeding the amount of its claim with expenses of sale, as may be directed by the chief of the department, bureau, or other agency of the Government which has charge of the administration of the laws in respect of which the claim of the United States arises. No judgment for costs or other money judgment shall be rendered against the United States in any suit or proceeding which may be instituted under the provisions of this section. Nor shall the United StatesNo Federal liability for costs. be or become liable for the payment of the costs of any such suit or proceeding or any part thereof: *Provided*, That if the FederalSums over certain investments to be paid to Hurricane Relief Commission. Land Bank of Baltimore or the Federal Farm Mortgage Corporation acquire the property involved in the proceedings in which the United States was made a party under the provisions of this section, any amount the Federal Laud Bank of Baltimore or the Federal Farm Mortgage Corporation may receive upon the ultimate disposition of the property, exceeding the amount of its investment, but 928not to exceed the amount of the Commission’s lien, shall be paid by the said bank or the said corporation to the Puerto Rican Hurricane Relief Commission. “(b) Priorities arising out of reamortization agreements. The Hurricane Relief Commission is hereby authorized to waive any priorities it may have or claim over liens in favor of the Federal Land Bank of Baltimore, such priorities arising out of reamortization agreements entered into between the Federal Land Bank of Baltimore and its borrowers who are also indebted to the Commission. “(c) Method of extinguishing liens without Judicial proceedings. If the Federal Land Bank of Baltimore or the Federal Farm Mortgage Corporation acquires or deems it necessary to acquire by foreclosure proceedings any real or personal property in Puerto Rico by virtue of a lien upon the said referred property duly filed of record in the jurisdiction in which the same is located, and a junior lien in favor of the United States attached to such property by virtue of loans made pursuant to the provisions of this joint resolution the said banking institution may make a written request to the Puerto Rican Hurricane Relief Commission to have the same extinguished. If after appropriate investigation, it appears to such Commission that the proceeds from the sale of the property would be insufficient to satisfy in whole or in part, the lien of the United States, or that the claim of the United States has been satisfied, or by lapse of time or otherwise has become unenforceable, such Issue of certificate of release.Commission shall so report to the Comptroller General, who thereupon may authorize it to issue a certificate of release, which shall *Proviso*.Any amount over investment to be paid to Hurricane Relief Commission.operate to release the property from such lien: *Provided*, That any amount that may be realized by the Federal Land Bank of Baltimore or the Federal Farm Mortgage Corporation in the ultimate sale of this property, over and above its investment, but not to exceed the amount of the Commission’s lien, shall be paid by the said bank or the said Corporation to the Puerto Rican Hurricane Relief Commission. “(d) Terms defined.“Puerto Rican Hurricane Relief Commission”; “Hurricane Relief Commission”; “Commission”. For the purposes of this section the terms ‘Puerto Rican Hurricane Relief Commission ’, ‘Hurricane Relief Commission and ‘Commission’ shall be deemed to refer to the department, bureau, or other agency of the Government having charge of the administration of this resolution.” " Approved, August 27, 1935. To amend a joint resolution entitled “Joint resolution for the relief of Porto Rico”, approved December 21, 1928, as amended by the Second Deficiency Act, fiscal year 1929, approved March 4, 1929. 1935-08-27 49 Stat. 928 777 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 777.] JOINT RESOLUTION To amend a joint resolution entitled “Joint resolution for the relief of Porto Rico”, approved December 21, 1928, as amended by the Second Deficiency Act, fiscal year 1929, approved March 4, 1929. August 27, 1935.[[H. J. Res. 257](/us/bill/74/hjres/257).][[Pub. Res., No. 60](/us/bill/74/pubres/60).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Puerto Rican relief.Vol. 45, p. 1067; Vol. 45, p. 1627, amended. That in carrying out the provisions of the joint resolution entitled “Joint resolution for the relief of Porto Rico”, approved December 21, 1928, as amended by the Second Deficiency Act, fiscal year 1929, approved Puerto Rican Hurricane Relief Commission, etc., authorized to make adjustments of its loans.March 4, 1929, the Puerto Rican Hurricane Relief Commission or its successor is authorized, when in the judgment of the Commission or its successor it is consistent with the best interests of the United State 11So in original., to make, in the name of the United States or in its own name for and on behalf of the United States, compositions and adjustments in any loans heretofore made by it upon the security of land or other property, real or personal, in the island of Puerto Rico, either by reduction in the rate of interest or in the indebtedness or929by extension or other adjustment of the time for any payments of principal or interest or other indebtedness, or otherwise: *Provided*,*Proviso*.Fees. That it shall be unlawful for any person to charge a fee for the purpose of preparing or assisting in the preparation of any papers of an applicant for the composition or adjustment of a loan under the provisions of this Act, and any person receiving or agreeing to receive a fee for any such purpose in violation of this proviso shall be guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine not exceeding $1,000 or by imprisonment not exceeding six months, or both. Sec. 2. That the Commission or its successor is further authorizedAcquisition and disposal of land when fore-closure necessary. to acquire title, either by voluntary conveyance as the result of a composition or an agreement with a debtor or in satisfaction of judgments or degrees11So in original. of foreclosure of mortgages or at sales under such judgments or decrees, to parcels of land or other property, real or personal, in the name of the United States or in its own name for and on behalf of the United States and also to take possession and occupy and hold and administer and to lease, sell, or otherwise dispose of as in the judgment of the Commission or its successor is consistent with the best interests of the United States any land or other property, real or personal, so acquired by it; and in the exercise of these powers may execute deeds or other necessary or appropriate instruments in the name of the United States or in its own name for and on behalf of the United States. Sec. 3. The Commission or its successor is further authorized, inLiens may be subordinated to those designated. any case when in the judgment of the Commission or its successor it is consistent with the best interests of the United States, to subordinate the lien securing any loan heretofore made by the Commission to the lien securing any loan or loans hereafter made by the Federal Land Bank of Baltimore, or by the Land Bank Commissioner on behalf of the Federal Farm Mortgage Corporation. Approved, August 27, 1935. Authorizing the Federal Trade Commission to make an investigation with respect to agricultural income and the financial and economic condition of agricultural producers generally. 1935-08-27 49 Stat. 929 778 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 778.] JOINT RESOLUTION Authorizing the Federal Trade Commission to make an investigation with respect to agricultural income and the financial and economic condition of agricultural producers generally. August 27, 1935.[[S. J. Res. 9](/us/bill/74/sjres/9).][[Pub. Res., No. 61](/us/bill/74/pubres/61).] Whereas the decline in agricultural income and the unsatisfactoryAgricultural income, etc., investigation.Preamble. condition of agriculture and of those engaged therein is a matter of increasing concern to the Congress, and affects the general welfare of the Nation and its citizens; and Whereas in recent years the agricultural income has decreased while the earnings and profits of concerns processing or dealing in certain lines of farm products have increased or declined only moderately; and Whereas there has developed an increasingly large proportionate spread between the prices received by the farmer for his products and the prices paid therefor by the consumer; and Whereas, according to the latest statistics of income published by the Bureau of Internal Revenue, twenty-two large corporations reported making over 45 per centum of the gross sales of all corporations engaged in the processing and manufacture of food products in 1931, and one hundred and two large corporations reported making GO per centum of the gross sales of such corporations; and 930 Whereas it is charged that monopolistic, oppressive, and unfair methods and practices of various middlemen, warehousemen, processors, manufacturers, packers, and handlers are in whole or in part responsible for the conditions above described, and that wasteful and uneconomic methods have contributed toward bringing about these conditions; and Whereas it is charged that said various middlemen, warehousemen, processors, manufacturers, packers, handlers, and others have violated the various antitrust laws of the United States, that they lave burdened, restricted and restrained interstate and foreign commerce and adversely affected the volume and price of farm products moving in intrastate and foreign commerce; and Whereas it is charged that many lines of processing, warehousing, and/or dealing in farm products are so dominated by a handful of large concerns as to impede the free flow of interstate and foreign commerce to the detriment of both the farmer and the consumer; and Whereas it is charged that through the payment of high and excessive salaries and other devices said middlemen, warehousemen, processors, manufacturers, packers, and others escape just taxation by the United States, that said salaries tend unduly to diminish the tax revenues of the United States and tend to burden and restrain interstate and foreign commerce in farm products, and to divert and conceal the earnings and profits of the concerns paying said salaries, and that by various devices those receiving said salaries escape their just share of Federal taxation; and Whereas it is believed that the Congress should consider whether new legislation should be enacted or existing legislation amended on any of the subjects hereinbefore described and in aid thereof should be informed on all of said subjects: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Federal Trade Commission to investigate and report upon designated subjects.*Post*, pp. 1256, 1566.Extent of recent agricultural income decline. That the Federal Trade Commission is hereby authorized and directed to investigate and report, at the next session of Congress— First.
(1)The extent of the decline in agricultural income in recent years, including the amount and percentage of such decline;
(2)The extent of the increases or decreases in recent years in the income of the principal corporations engaged in the sale, manufacturing, warehousing and/or processing of the principal farm products, and of the other principal sellers, manufacturers, warehousemen, and/or processors of the principal farm products, as compared with the decline in agricultural income, including the amount and percentage of such changes; and
(3)The proportion of total consumer cost of representative products manufactured or processed from the principal farm products which is represented by the proceeds received by
(a)the farmer,
(b)the manufacturers, processors, and warehousemen, and
(c)the distributors and such principal farm products and such representative products manufactured therefrom. Second. Financial position of principal marketing, etc., corporations. The financial position of the principal corporations engaged in the manufacturing, processing warehousing, distribution, and marketing of the representative major products manufactured from such principal farm products, including—
(1)The capitalization and assets of such corporations and the means and sources of the growth of such capitalization and assets;
(2)The investment, costs, profits, and rates of return of such corporations;
(3)The salaries of the officers of such companies; and 931
(4)The extent to which said corporations avoid income taxes, if at all, and the extent to which officers receiving such salaries paid income taxes thereon. Third. The extent of concentration of control and of monopolyExtent of control and monopoly in processing, etc., farm products. in the manufacturing, processing, warehousing, distribution, and marketing of representative major farm products which is maintained or has been obtained by any corporation or other organization, including—
(1)Methods and devices used by such corporations for obtaining and maintaining their control or monopoly of the manufacturing, marketing, processing, warehousing, and distribution of such commodities, and the proportion of any such major farm commodity handled by each of the large units involved; and
(2)The extent to which fraudulent, dishonest, unfair, and injurious methods are employed in the grading, warehousing, and transportation of such farm products, including combinations, monopolies, price fixing, and manipulation of prices on the commodity exchanges. Fourth. The extent to which the cooperative agencies have enteredExtent of cooperative agencies. into the processing, warehousing, and marketing of representative major farm products and the general effects of such cooperative agencies upon the producer and consumer. Fifth. The extent to which other countries have adopted orStudies of foreign policies. promoted processing, warehousing, and marketing agencies of a public, quasi-public, or cooperative sort for the simplification and cheapening of the processing, warehousing, and marketing of agricultural products, and other administrative agencies which may have been set up for the protection of the farmer-producer and the consumer. Sixth. Any conclusions and/or recommendations with regard toRecommendations. increasing the income of farm producers or other recommendations with regard to the improvement of the economic position of farmers or consumers growing out of the inquiry. Sec. 2. The Department of Agriculture, the National RecoveryAgencies to cooperate. Administration, the Department of Justice, and other agencies of the Government are directed to cooperate with the Commission in such inquiry to the fullest extent possible. Sec. 3. For the purposes of this resolution the Federal TradePower to obtain data, etc. Commission shall have the same right to obtain data and to inspect income-tax returns as the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, and to submit any relevant or useful information thus obtained to the Congress or to either House thereof. Sec. 4. For the purpose of carrying out this resolution theJurisdiction extended.Vol. 38, p. 717.[U. S. C., p. 514](/us/usc/p514). Federal Trade Commission, the Attorney General, and the courts of the United States shall have and may exercise all of the powers and jurisdiction severally conferred upon them by the Act entitled “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes”, approved September 28, 1914. Sec. 5. There is hereby authorized to be appropriated, out of anySum authorized for salaries and expenses.*Post*, p. 1257. money in the Treasury not otherwise appropriated, the sum of $150,000 which shall be available for expenditure, as the Federal Trade Commission may direct, for expenses and all necessary disbursements, including salaries, in carrying out this resolution and prosecuting litigation necessary in aid of the powers conferred hereunder. Sec. 6. The Federal Trade Commission is directed to present anPreliminary and final reports. interim report to the Congress on January 1, 1936, describing the progress made and the status of its work hereunder, and a final report with recommendations for legislation not later than July 1, 1936. Approved, August 27, 1935. Granting the consent of Congress to the States of New York, New Jersey, and Connecticut to enter into a compact for the creation of the Interstate Sanitation District and the establishment of the Interstate Sanitation Commission. 1935-08-27 49 Stat. 932 779 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public 932 [CHAPTER 779.] JOINT RESOLUTION Granting the consent of Congress to the States of New York, New Jersey, and Connecticut to enter into a compact for the creation of the Interstate Sanitation District and the establishment of the Interstate Sanitation Commission. August 27, 1935.[[S. J. Res. 159](/us/bill/74/sjres/159).][[Pub. Res., No. 62](/us/bill/74/pubres/62).] Interstate Sanitation District Preamble.Whereas the State of New York and the State of New Jersey desire to create the Interstate Sanitation District and to establish the Interstate Sanitation Commission, in accordance with the terms of a compact to which by its terms the State of Connecticut is empowered to become a party, which compact is as follows: Tri-State Compact.TRI-STATE COMPACT Whereas the tremendous growth of population and the development of the territory surrounding and adjacent to the Harbor of New York has resulted in recent years in an increasingly serious pollution of the harbor, coastal, and tidal waters in such area and the tributary waters therein; and Whereas such pollution constitutes a grave menace to the health, welfare, and recreational facilities of the people living in such area and is occasioning great economic loss; and Whereas the control of future pollution and the abatement of existing pollution in the waters in such area is of prime importance to the people living in such area and can best be accomplished through the cooperation of the States of New Jersey and New York and Connecticut by and through a joint or common agency: Now, therefore, Agreement by States of New York, New Jersey, and Connecticut. The State of New York and the State of New Jersey and the State of Connecticut do agree and are bound as follows: Article I 1. Abatement of exiting pollution of streams. Each of the signatory States pledges each to the other faithful cooperation in the control of future pollution and agrees to provide for the abatement of existing pollution in the tidal and coastal waters in the adjacent portions of the signatory States defined herein as coming within the district, and consistent with such object, to enact adequate legislation which will enable each of the signatory States to put and maintain the waters thereof in a Public health measures.satisfactory sanitary condition and particularly to protect public health; to render safe such waters as are now used or may later become available for bathing and recreational purposes; to abate and eliminate such pollution as becomes obnoxious or causes a Protection of marine Ute.nuisance; to permit the maintenance of major fish life, shellfish, and marine lite in waters now available or that may by practicable means be made available for the development of such fish, shellfish, or marine life; to prevent oil, grease, or solids from being carried Sludge deposits.on the surface of the water; to prevent the formation of sludge deposits along the shores or in the waterways; and with the fulfillment of these objectives to abate and avoid incurring unecessary 11 So in original. economic loss by safeguarding the rights of the public in its varied legitimate uses of the waters of the district. Article II 1. Interstate Sanitation District. To that end they do agree that there shall be created, and they do hereby create, a district, to be known as the “Interstate Sanitation District” (hereinafter referred to as the “district”), which shall embrace the territory described as follows: 933 All the coastal, estuarial, and tidal waters within or covering Jurisdiction.portions of the signatory States as follows:
(a)In Connecticut, Long Island Sound and estuaries and tidal waters thereof between the easterly side of New Haven Harbor at Morgan Point and the Connecticut-New York State boundary, and the Housatonic River up to the northerly boundary lines or the towns of Stratford and Milford.
(b)In New York, all of the tidal waters of Greater New York City; including Kill Van Kull and Arthur Kill, Long Island Sound and the estuaries and tidal waters thereof between the New York City line and the New York-Connecticut State boundary and between the New York City line and the easterly side of Port Jefferson Harbor; the Atlantic Ocean and the estuaries and tidal waters thereof between the New York City line and the easterly side of Fire Island Inlet; and the Hudson River and estuaries and tidal waters thereof between the New York-New Jersey State boundary and the northerly line of Rockland County on the westerly side and between the northerly line of New York City and the northerly line of Westchester County on the easterly side of the river.
(c)In New Jersey, the Hudson River and New York Upper Bay, and estuaries and tidal waters thereof, between the New York-New Jersey boundary and Constable Point on Constable Hook; the Kill Van Kull and Arthur Kill to the mouths of the rivers entering into the Kills; Newark Bay and the estuaries thereof up to the mouth of the Passaic River, and up to the mouth of the Hackensack River; Raritan Bay together with the Raritan River up to the Victory Bridge on said river between Perth Amboy and South Amboy, together with the Cheesequake Creek up to the New York and Long Branch Railroad bridge on said creek at Morgan; together with the Matawan Creek up to the New York and Long Branch Railroad bridge on said creek at Matawan; Sandy Hook Bay; together with the Shrewsbury River up to the passenger railroad bridge between Navesink Light and Highland Beach on said river. Article III 1. There is hereby created the Interstate Sanitation Commission (hereinafter referred to as the “commission Interstate Sanitation Commission created.”) which shall be a body corporate and politic, having the powers, duties, and Powers, etc.jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory State concurred in by the others and by the Act or Acts of Congress when necessary. Article IV 1. The commission shall consist of five commissioners from eachCommissioners, number, selection, etc. State, each of whom shall be a resident voter of the State from which he is appointed. The commissioners shall be chosen in the manner and for the terms provided by law of the State from which they shall be appointed, and each commissioner may be removed or suspended from office as provided by the law of the State from which he shall be appointed. The commissioners shall serve without compensation but shall be paid their actual expenses incurred incident to the performance of their duties. 934 Article V 1. Officers, etc., of commission. Corporate authority. The commission shall elect from its number a chairman and vice chairman and shall appoint and at its pleasure remove or discharge such officers and legal, clerical, expert, and other assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications, and compensations. It shall adopt a seal and suitable bylaws and shall promulgate rules and regulations for its management and control. It may maintain one or more offices for the transaction of its business and may meet at any time or place within the signatory States. A majority of the members from each State shall constitute a quorum for the transaction of business, the exercise of any power’s, or the performance of any duties, but no action of the commission shall be binding unless at least three of the members from each State shall vote in favor thereof. Records, reports, etc.The commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each State setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the signatory States which may be necessary to carry out the intent and purpose of this compact, and changes in the district which concentration of population or other cause may require. The commission shall not incur any obligations for salaries or office or other administrative expenses prior to the making of appropriations adequate to meet the same, nor shall the commission pledge the credit of any of the signatory States except Auditing accounts.by and with the authority of the legislatures thereof. Each State reserves the right to provide hereafter by law for the examination and audit of the accounts of the commission by its comptroller or other official. The commissioners shall meet and organize within ten days after the effective date of this compact. Article VI 1. Purity standards. It is recognized by the signatory States that, where tidal waters are used for such varied purposes as bathing, navigation, shellfish culture, the development of fish life, and the disposal of wastes, no single standard of purity is practicable in all parts of the district. In order to attain the objects of this compact, the commission, after proper study and after conducting public hearings upon due notice, shall group the designated waters of the district into classes. Where local conditions shall have changed in the future to such an extent that changes in classification become necessary, the commission may, after conducting public hearings upon due notice, adopt such changes. Classifications.Two general classifications shall be used:
(1)Class A, in which the designated water areas are expected to be used primarily for recreational purposes, shellfish culture, or the development of fish life;
(2)Class B, in which the designated water areas are not expected to be used primarily for recreational purposes, shellfish culture, or the development of fish life. 935 Article VII 1. It is agreed between the signatory States that no sewage Discharge of sewage, etc.or other polluting matters shall be discharged or permitted to flow into, or be placed in, or permitted to fall or move into the tidal waters of the district, except under the following conditions and restrictions:
(1)All sewage discharged or permitted to flow into class A waters of the district shall first have been so treated as—
(a)to remove all floating solids and at least 60 per centum of the suspended solids; and
(b)to effect a reduction of organisms of the B. coli group (intestinal bacilli) so that the probable number of such organisms shall not exceed one per cubic centimeter in more than 50 per centum of the samples of sewage effluent tested by the partially confirmed test: *Provided, however*, That in the case of discharge into waters used primarily for bathing, this bacterial standard need not be required except during the bathing season; and
(c)to effect a reduction in the oxygen demand of the sewage effluent sufficient to maintain an average dissolved-oxygen content in the tidal waters of the district and in the general vicinity of the point of discharge of the sewage into those waters, at a depth of about five feet below the surface, of not less than 50 per centum saturation during any week of the year.
(2)All sewage discharged or permitted to flow into class B waters of the district shall first have been so treated as—
(a)to remove all floating solids and at least 10 per centum of the suspended solids, or such additional percentage as may by reason of local conditions be necessary to avoid the formation of sludge deposits in the class B waters of the district; and
(b)to effect a reduction in the oxygen demand of the sewage effluent sufficient to maintain an average dissolved-oxygen content in the tidal waters of the district and in the general vicinity of the point of discharge of the sewage into those waters, at a depth of about five feet below the surface, of not less than 30 per centum saturation during any week of the year. Article VIII 1. Each of the signatory States agrees that, insofar as waters Tributary streams.within its jurisdiction may flow into any portion of the district, all sewage discharged or permited to flow into any stream tributary to the tidal waters of the district shall be treated to that extent, if any, which may be necessary to maintain such tributary immediately above its confluence with the tidal waters of the district in a sanitary condition at least equal to the classification requirements determined by the commission for the tidal waters of the district into which it discharges. The waters of the Hudson River, immediately above the mouth of Sparkhill Creek on the westerly side and the New York-New Jersey boundary extended on the easterly side of the river, shall be maintained in a sanitary condition at ebb tide at least equal to the sanitary condition prevailing in the waters of the river immediately below said boundary at flood tide. Article IX 1. Nothing in this compact shall be construed to repeal or prevent Existing laws, etc., not affected.the enactment of any legislation or the enforcement of any936 requirement by any signatory State imposing any additional conditions and restrictions to further lessen or prevent the pollution of waters within its jurisdiction. Article X 1. Commission’s orders concerning sewage treatment. Subject to the provisions of this compact, the commission, as soon as may be after its organization, after an investigation and after conducting public hearings upon due notice, shall by order prescribe the reasonable date on or before which each municipality or other entity discharging sewage into the designated waters within the district shall be treating such sewage in accordance with the standards specified in this compact. Such order may prescribe that certain specific progress shall be made at certain definite times prior to the final date fixed in such order. It is the desire of all parties to accomplish the objects herein set forth with the least possible injury to investments which have already been made in the construction of sewage-treatment plants within the district, and where changes or additions to such plants would be necessary to conform to the standards herein adopted, a reasonable time to effect such changes or additions may, in the discretion of the commission, be granted. Article XI 1. Duties and obligations of signatory States.Each of the signatory States agrees that it will prohibit the pollution of the said waters within the district in accordance with the several articles of this compact, and that it will enact suitable and adequate legislation which will accomplish effectively the objects of this compact and which will enable its officers, departments, boards, and agents to accomplish satisfactorily the obligations and duties assumed by the State under the terms of this compact; and it is further agreed that the courts of the several States shall have jurisdicion 11 So In original. to enforce as against any person, corporation, municipality, or other entity or any employee, department, or subdivision of the respective signatory States any and all provisions of this compact. Investigations authorized.The commission shall have authority to investigate and determine if the requirements of the compact and/or the orders of the commission pursuant thereto are complied with and if satisfactory progress has not been made, to bring action in its own name in the proper court or courts to compel the enforcement of any and all of the provisions of this compact, and/or the orders of the commission pursuant thereto. Article XII 1. Cooperation with States. In order that future pollution be controlled and existing pollution be abated with the greatest possible economy and efficiency, the commission shall cooperate and advise with the respective State and district authorities having jurisdiction over stream pollution, with a view to coordinating their activities and securing the most satisfactory results at lower cost. For such purpose the commission may prepare a general plan of the most practicable and economical method of securing conformity with the standards herein set forth, having in view the future growth and development of the district. Such plan when completed shall be submitted to the Governor and the Legislature of each State and to the State agency or agencies or district agencies in charge of sewage problems. 937 The provisions of this act shall not affect the discharge from Passaic Valley system not affected.the outfall pipes of the Passaic Valley sewerage system into the waters of New York Harbor: *Provided, however*, That said discharge *Proviso*.Conformity with existing stipulation.shall be in accordance with the terms and provisions of the stipulation entered into on April fourteenth, one thousand nine hundred and ten, between the United States of America and Passaic Valley Sewerage Commissioners. Article XIII 1 .Terms used in this compact are defined as follows:Definitions. “District” means the area more particularly described “District.”in article II of this compact. “Commission” means the Interstate Sanitation Commission. “Commission.” “Municipality” means any city, incorporated village, borough, “Municipality.” county, town, township, district, or any municipality governed by an improvement commission, any joint sewer commission, or any other subdivision of any one of the signatory States located within the district. “Rule or regulation” means any rule or regulation established “Rule or regulation.”by the commission not inconsistent with the Constitution of the United States or of any signatory State, promulgated by the commission touching the abatement of pollution of the waters of the district. “Tidal waters” means all those waters which ebb and flow “Tidal waters.”within the designated district. “Dissolved oxygen” is the gaseous oxygen held in solution by “Dissolved oxygen.” the water at any given time. It is expressed as a percentage of the maximum amount of oxygen that would be required to saturate the water under the existing conditions of temperature and salinity. “Pollution” is any foreign matter which renders waters unfit “Pollution.”to sustain fish life and unsatisfactory for bathing. “Sewage effluent” means the treated sewage discharged from “Sewage effluent.”a treatment plant. “Suspended solids” means those solid particles carried in suspension “Suspended solids.”in the untreated sewage or sewage effluent. “Entity” means any organization or association owning, controlling, “Entity.”or operating a sewerage system or treatment plant within a municipality. Article XIV 1. The signatory States agree to appropriate annually for the Payment of salaries and expenses.salaries and office and other administrative expenses such sum or sums as shall be recommended by the commission and approved by the Governors of the signatory States, the State of New York and the State of New Jersey agreeing each to appropriate 45 per centum thereof, and the State of Connecticut agreeing to appropriate 10 per centum thereof. The State of New York and the State of New Jersey obligate themselves hereunder, however, only to the extent of $15,000 each in any one year, and the State of Connecticut obligates itself hereunder only to the extent of $3,333.34 in any one year. Article XV 1. Should any part of this compact be held to be contrary Separability of provisions.to the constitution of any signatory State or of the United States, all other severable objects of this compact shall continue to be in full force and effect. 938 Article XVI 1. Effective dates. This compact shall become effective as to the State of New Jersey and the State of New York immediately upon the signing thereof by the representatives of such States, and thereafter it shall also become effective as to the State of Connecticut immediately upon the signing thereof by the Representatives of such *Proviso*.Territory within Connecticut excluded.State: *Provided, however*, That prior to the signing of this compact by the representatives of the State of Connecticut, the district as set forth in article II shall not embrace any territory within the jurisdiction of the State of Connecticut, nor shall the commission exercise any jurisdiction or perform any duties or acts Division of expenses. affecting such territory; and the appropriations for salaries and office and other administrative expenses shall be borne equally by the State of New York and the State of New Jersey. Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Agreement consented to. That the consent of Congress is hereby given to the States of New York, New Jersey, and Connecticut to enter into the compact hereinbefore recited, and *Proviso*.Federal rights not affected.to each and every part and article thereof: *Provided*, That nothing contained in such compact shall be construed as empowering or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of such compact. Sec. 2. Amendment. The right to alter, amend, or repeal this joint resolution is hereby expressly reserved. Approved, August 27, 1935. Authorizing exchange of coins and currencies and immediate payment of gold-clause securities by the United States; withdrawing the right to sue the United States thereon; limiting the use of certain appropriations; and for other purposes. 1935-08-27 49 Stat. 938 780 Chapter 2025-01-07 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor public [CHAPTER 780.] JOINT RESOLUTION Authorizing exchange of coins and currencies and immediate payment of gold-clause securities by the United States; withdrawing the right to sue the United States thereon; limiting the use of certain appropriations; and for other purposes. August 27, 1935.[[H. J. Res. 348.](/us/bill/74/hjres/348)][[Pub. Res., No. 63.](/us/bill/74/pubres/63)] United States gold clause securities.Preamble.Vol. 48, p. 112; [U. S. C., p. 1389](/us/usc/p1389).Whereas in order to maintain the uniform value of all coins and currencies of the United States, Public Resolution Numbered 10 of June 5, 1933, declared provisions known as “gold clauses” to be against public policy, prohibited their use in obligations thereafter incurred, and provided that money of the United States legal tender for obligations generally was legal tender for all obligations with or without gold clauses; and Whereas the United States has paid and will continue to pay to the holders of all its securities their principal and interest, dollar for dollar, in lawful money of the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Exchange of coins and currencies. That the lawful holders of the coins or currencies of the United States shall be entitled to exchange them, dollar for dollar, for other coins or currencies which may be lawfully acquired and are legal tender for Holders of old bonds entitled to immediate payment of stated dollar amount thereof.public and private debts; and that the owners of the gold clause securities of the United States shall be, at their election, entitled to receive immediate payment of the stated dollar amount thereof with interest to the date of payment or to prior maturity or to prior redemption date, whichever is earlier. The Secretary of the Treasury is authorized and directed to make such exchanges and payments upon presentation hereunder in the manner provided in regulations Period within which payments may be made.prescribed by him. The period within which the owners of gold-clause securities shall be entitled hereunder to receive payment prior to maturity shall expire January 1, 1936, or on such later date, not after July 1, 1936, as may be fixed by the Secretary of the Treasury. 939 Sec. 2. Any consent which the United States may have given to Withdrawal of consent to sue Government for any claim, etc., arising hereunder.the assertion against it of any right, privilege, or power whether by way of suit, counterclaim, set-off, recoupment, or other affirmative action or defense in its own name or in the name of any of its officers, agents, agencies, or instrumentalities in any proceeding of any nature whatsoever
(1)upon any gold-clause securities of the United States or for interest thereon, or
(2)upon any coin or currency of the United States, or
(3)upon any claim or demand arising out of any surrender, requisition, seizure, or acquisition of any such coin or currency or of any gold or silver and involving the effect or validity of any change in the metallic content of the dollar or other regulation of the value of money, is withdrawn: *Provided*, *Proviso*.Suits commenced by January 1, 1936, excepted.That (his section shall not apply to any suit heretofore commenced or which may be commenced by January 1, 1936, or to any proceeding referred to in this section in which no claim is made for payment or credit in an amount in excess of the face or nominal value in dollars of the securities, coins or currencies of the United States involved in such proceeding. Sec. 3. Except in cases with respect to which consent is not withdrawn Conformity of appropriations to designated construction.under section 2, no sums, whether heretofore or hereafter appropriated or authorized to be expended, shall be available for, or expended in, payment upon securities, coins, or currencies of the United States except on an equal and uniform dollar for dollar basis. Sec. 4. As used in this resolution the phrase “gold clause” means “Gold clause” defined.a provision contained in or made with respect to an obligation which purports to give the obligee a right to require payment in gold, or in a particular kind of coin or currency of the United States, or in an amount in money of the United States measured thereby, declared to be against public policy by Public Resolution Numbered 10 of June 5, 1933; and the phrase “securities of the United States” means the “Securities of the United States.”domestic public debt obligations of the United States, including bonds, notes, certificates of indebtedness, and Treasury bills, and other obligations for the repayment of money, or for interest thereon, made, issued or guaranteed by the United States. Approved, August 27, 1935, six p. m., E. S. T. Consenting to an interstate oil compact to conserve oil and gas. 1935-08-27 781 Chapter 49 Stat. 939 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 781.] JOINT RESOLUTION Consenting to an interstate oil compact to conserve oil and gas. August 27, 1935.[[H. J. Res. 407](/us/bill/74/hjres/407).][[Pub. Res., No. 64](/us/bill/74/pubres/64).] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent Oil and gas conservation.Consent given to an interstate compact relative to.of Congress is hereby given to an interstate compact to conserve oil and gas, executed in the city of Dallas, Texas, the 16th day of February, 1935, by the representatives of the States of Oklahoma, Texas, California, and New’ Mexico, and there recommended for ratification by representatives of the States of Arkansas, Colorado. Illinois, Kansas, and Michigan, and since ratified by the States of New Mexico, Kansas, Oklahoma, Illinois, Colorado, and Texas, which compact has been deposited in the Department of State of the Text of compact.United States, and reads as follows: " “article I “This agreement may become effective within any compacting State at any time as prescribed by that State, and shall become effective within those States ratifying it whenever any three of the States of Texas, Oklahoma, California, Kansas, and New Mexico have ratified and Congress has given its consent. Any oil-producing State may become a party hereto as hereinafter provided. 940 “article II “The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause. “article III “Each State bound hereby agrees that within a reasonable time it will enact laws, or if laws have been enacted, then it agrees to continue the same in force, to accomplish within reasonable limits the prevention of: “(a) The operation of any oil well with an inefficient gas-oil ratio. “(b) The drowning with water of any stratum capable of producing oil or gas, or both oil and gas in paying quantities. “(c) The avoidable escape into the open air or the wasteful burning of gas from a natural-gas well. “(d) The creation of unnecessary fire hazards. “(e) The drilling, equipping, locating, spacing, or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof. “(f)The inefficient, excessive or improper use of the reservoir energy in producing any well. “The enumeration of the foregoing subjects shall not. limit the scope of the authority of any State. “article IV “Each State bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas. “article V “It is not the purpose of this compact to authorize the States joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations. “article VI “Each State joining herein shall appoint one representative to a Commission hereby constituted and designated as ‘The Interstate Oil Compact. Commission ’, the duty of which said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about conservation and the prevention of physical waste of oil and gas, and at such intervals as said Commission deems beneficial it shall report its findings and recommendations to the several States for adoption or rejection. “The Commission shall have power to recommend the coordination of the exercise of the police powers of the several States within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said States, and to recommend941 measures for the maximum ultimate recovery of oil and gas. Said Commiission shall organize and adopt suitable rules and regulations for the conduct of its business. “No action shall be taken by the Commission except:
(1)by the affirmative votes of the majority of the whole number of the compacting States, represented at any meeting, and
(2)by a concurring vote of a majority in interest of the compacting States at said meeting, such interest to be determined as follows: Such vote of each State shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting States during said period. “article VII “No State by joining herein shall become financially obligated to any other State, nor shall the breach of the terms hereof by any State subject such State to financial responsibility to the other States joining herein. “article VIII “This compact shall expire September 1, 1937. But any State joining herein may, upon sixty days’ notice, withdraw herefrom. “The representatives of the signatory States have signed this agreement in a single original which shall be deposited in the archives or the Department of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory States. “This compact shall become effective when ratified and approved as provided in Article I. Any oil-producing State may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified and ratified. “Done in the City of Dallas, Texas, this 16th day of February, 1935.” " Sec. 2. The right to alter, amend, or repeal the provisionsPowers reserved. of section 1 is hereby expressly reserved. Approved, August 27, 1935. Relative to the retirement of certain officers and employees. 1935-08-28 791 Chapter 49 Stat. 941 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 791.] AN ACT Relative to the retirement of certain officers and employees. August 28, 1935.[[S. 2364](/us/bill/74/s/2364).][[Public, No. 383](/us/pl/74/383).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That all officers Retirement of certain officers and employees who reached retirement age before August 1, 1932.and employees of the United States Government or of the government of the District of Columbia who had reached the retirement age prescribed for automatic separation from the service on or before July 1, 1932, or during the month of July 1932, and who were continued in active service for a period of less than thirty-one days after June 30, 1932, shall be regarded as having been retired and entitled to annuity beginning with the day following the date of separation from active service, instead of August 1, 1932, and the United States Civil Service Commission is hereby authorized and directed to make payments accordingly from the civil-service retirement and disability fund to those persons entitled and who make application therefor. Approved, August 28, 1935. To amend an Act entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto. 1935-08-28 792 Chapter 2025-01-07 49 Stat. 1375 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor public 942 [CHAPTER 792.] AN ACT To amend an Act entitled “An Act to establish a uniform system of bankruptcy throughout the United States”, approved July 1, 1898, and Acts amendatory thereof and supplementary thereto. August 28, 1935.[[S. 3002](/us/bill/74/s/3002).][
Connections24 cite this · traces to 3
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.