taking of fish for local food requirements or for use as dog feed."

Section 5 of said act of congress approved June 26, 1906, is amended to read as follows: "Sec. 5. That it shall be unlawful to fish for, take or kill any salmon of any species in any manner or by any means except by hand rod, spear or gaff for personal use and not for sale or barter in any of the waters of Alaska over which the United States has jurisdiction from 6 o'clock postmeridian of Saturday of each week until 6 o'clock antemeridian of the Monday following, or during such further closed tinie as may be declared by authority now or hereafter conferred, but such authority shall not be exercised to prohibit the taking of fish for local food require. ments or for use as dog feed. Whenever the secretary of commerce shall find that the conditions in any fishing area make such action advisable, he may advance twelve hours both the opening and ending time of the minimum thirty-six-hour closed period herein stipulated. Throughout the weekly closed season herein prescribed the gate, mouth or tunnel of all stationary and floating traps shall be closed, and twenty-five feet of the webbing or net of the heart of such traps on each side next to the 'pot' shall be lifted or lowered in such manner as to permit the free passage of salmon and other fishes."

Any person, company, corporation or association violating any provision of this act or of said act of congress approved June 26, 1906. or of any regulation made under the authority of either, shall, upon conviction thereof, be punished by a fine not exceeding $5.000 or imprisonment for a term of not more than ninety days in the county jail, or by both such fine and imprisonment; and in case of the violation of section 3 of said act approved June 26, 1906, as amended, there may be imposed a further fine not exceeding $250 for each day the obstruction therein declared unlawful is maintained. Every boat, seine. net, trap and every other gear and appliance used or employed in violation of this act or in violation of said act approved June 26. 1906. and all fish taken therein or therewith, shall be forfeited to the United States, and shall be seized and sold under the direction of the court in which the forfeiture is declared, at public auction, and the proceeds thereof, after deducting the expenses of sale, shall be disposed of as other fines and forfeitures under the laws relating to Alaska.

That for the purposes of this act all employes of the bureau of fisheries, designated by the commissioner of fisheries. shall be considered as peace officers and shall have the same powers of arrest of persons and seizure of property for any violation of this act as have United States marshals or their deputies.

Sections 6 and 13 of said act of congress approved June 26, 1906, are hereby repealed. Nothing in this act contained, nor any powers herein conferred upon the secretary of commerce, shall abrogate or curtail the powers granted the territorial legislature of Alaska to impose taxes or licenses, nor limit or curtail any powers granted the territorial legislature of Alaska by the act of congress approved Aug. 24, 1912. "To create a legislative assembly in the territory of Alaska, to confer legislative power thereon and for other purposes." (Approved June 6, 1924).

MISSISSIPPI RIVER WILD LIFE REFUGE.

The act may be cited as "The Upper Mississippi River Wild Life and Fish Refuge Act." The secretary of agriculture is authorized to uire by purchase. gift or lease, such areas

of land or of land and water, situated between Rock Island, Ill., and Wabasha, Minn., on either side of or upon islands in the Mississippi river which are subject to overflow by such river and which are not used for agricultural purposes, as he determines suitable for the purposes of this act. Any such area, when acquired in accordance with the provisions of this act, shall become a part of the upper Mississippi river wild life and fish refuge (hereinafter in this act referred to as the "refuge"). The refuge shall be established and maintained as a refuge and breeding place for migratory birds included in the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded Aug. 16, 1916, and to such extent as the secretary of agriculture may by regulations prescribe, as a refuge and breeding place for other wild birds, game animals, fur-bearing animals, and for the conservation of wild flowers and aquatic plants, and to such extent as the secretary of commerce may by regulations prescribe as a refuge and breeding place for fish and other aquatic animal life. No such area shall be acquired by the secretary of agriculture until the legislature of each state in which is situated any part of the areas to be acquired under this act has consented to the acquisition of such part of the United States for the purposes of this act, and, except in the case of a lease. no pavment shall be made by the United States for any such area until title thereto is satisfactory to the attorney-general and is vested in the United States.

The existence of a right of way. easement or other reservation or exception in respect of such area shall not be a bar to its acquisition (1) if the secretary of agriculture determines that any such reservation or exception will in no manner interfere with the use of the area for the purposes of this act, or (2) if in the deed or other conveyance it is stipulated that any reservation or exception in respect of such area. in favor of the person from whom the United States receives the title, shall be subject to regulations prescribed under authority of this act.

Except where it is specifically provided otherwise, the secretary of agriculture and the secretary of commerce shall jointly prescribe such regulations, exercise such functions and perform such duties as may be necessary to carry out the purposes of this act.

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No person shall, except in accordance with regulations prescribed by the secretary agriculture in respect of wild birds, game animals, fur-bearing animals, wild flowers and aquatic plants or by the secretary of commerce in respect of fish and other aquaticanimal life

(a) Enter the refuge for any purpose: or

(b) Disturb. injure. kill or remove or attempt to disturb. injure, kill or remove any wild bird, game animal. fur-bearing animal, fish or other aquatic-animal life on the refuge: or

(c) Remove from the refuge or injure or destroy thereon any flower, plant. tree or other natural growth or the nest or egg of any wild bird: or

(d) Injure or destroy any notice, signboard, fence, building or other property of the United States thereon.

Commercial fishing may be conducted in the waters of this refuge under regulation by the secretary of commerce.

Any employe of the department of agricul ture authorized by the secretary of agriculture to enforce the provisions of this act and any employe of the department of commerce so authorized by the secretary of commerce (1) shall have power, without war

rant, to arrest any person committing in the presence of such employe a violation of this act or of any regulation made pursuant to this act, and to take such person immediately for examination or trial before an officer or court 01 competent jurisdiction, (2) shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this act or regulations made pursuant thereto. and (3) shall have authority, with a search warrant issued by an officer or court of competent jurisdiction to make a search in accordance with the terms of such war rant. Any judge of a court established under the laws of the United States or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(b) All birds, animals, fish or parts thereof captured. injured or killed, and all flowers, plants, trees and other natural growths, and nests and eggs of birds removed, and all implements or paraphernalia. including guns, fishing equipment and boats used or attempted to be used contrary to the provisions of thi act or any regulations made pursuant thereto, shall, when found by such employe or by any marshal or deputy marshal, be summarily seized by him and placed in the custody of such persons as the secretary of agriculture and the secretary of commerce may jointly by regulation prescribe.

(c) A report of the seizure shall be made to the United States attorney for the judicial district in which the seizure is made, for forfeiture either (1) upon conviction of the offender under section 11. or (2) by proceedings by libel in rem. Such libel proceedings shall conform as near as may be to civil suits in admiralty, except that either party may demand trial by jury upon any issue of fact when the value in controversy exceeds $20. In case of a jury trial the verdict of the jury shall have the same effect as the finding of the court upon the facts. Libel proceedings shall be at the suit and in the name of the United States. If such forfeiture proceedings are not instituted within a reasonable time. the United St tes attorney shall give notice thereof, and the custodian shall thereupon release the articles seized.

The secretary of agriculture and the secre tary of commerce are authorized to make such expenditures for construction, equipment, maintenance, repairs and improvements. including expenditures for personal services at the seat of government and elsewhere, as may be necessary to execute the functions imposed upon them by this act and as may be provided for by congress from time to time. For such expenditures there is hereby authorized to be appropriated. out of any money in the treasury not otherwise appropriated, the sum of $50,000, to be available until expended, $25,000 of such sum to be available for expenditure by the secretary of agricul ture and $25,000 by the secretary of com

merce.

therefor and at an average price not in ex cess of $5 per acre, and not in excess of the average selling price, during the years 1921, 1922 and 1923, of comparable lands within the vicinity of such areas.

Any person who shall violate or fail to comply with any provision of or any regulation made pursuant to this act shali be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or be imprisoned not more than six months, or both.

Nothing in this act shall be construed as exempting any portion of the Mississippi river fro.n the provisions of federal laws for the improvement, preservation and protection of navigable waters, nor as authorizing any interference with the operations of the war department in carrying out any project now or hereafter adopted for the improvement sid river. (Approved June 7. 1924.)

OIL POLLUTION ACT, 1924.

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This act may be cited as the "Oil Pollution Act, 1924."

Sec. 2. When used in this act, unless the comext otherwise requires

(a) The term "oil" means oil of any kind or in any form, including fuel oil, oil sludge, and oil refuse;

(b) The term "person" means an individual, partnership, corporation, or association; any owner, master, officer or employe of a vessel; and any officer, agent or employe of the United States;

(c) The term "coastal navigable waters of the United States" means all portions of the sea within the territorial jurisdiction of the United States, and all inland waters navigable in fact in which the tide ebbs and flows;

(d) The term "secretary" means the secretary of war.

Sec. 3. That, except in case of emergency imperiling life or property, or unavoidable accident, collision or stranding and except as otherwise permitted by regulations prescribed by the secretary as hereinafter authorized, it shall be unlawful for any person to discharge, or suffer, or permit the discharge of oil by any method, means or manner into or upon the coastal navigable waters of the United States from any vessel using oil as fuel for the generation of propulsion power, or any vessel carrying or having oil thereon in excess of that necessary for its lubricating requirements and such as may be required under the laws of the United States and the rules and regulations prescribed thereunder. The secretary is authorized and empowered to prescribe regulations permitting the discharge of oil from vessels in such quantities, under such conditions, and at such times and places as in his opinion will not be deleterious to health or sea food, or a menace to navigation, or dangerous to persons or property engaged in commerce on such waters, and for the loading, handling and unloading of oil.

of more than 10 per centum degree (in accordance with the provisions of subdivision (4), section 202, of this act) on or subsequent to Jan. 1, 1925, if the facts in the case substantiate his claim.

Sec. 201. That if death results from injuryIf the deceased leaves a widow or child, or if he leaves a mother or father either or both dependent upon him for support, the monthly compensation shall be the following

amounts:

(a) If there is a widow but no child. $30. (b) If there is a widow and one child. $40, with $6 for each additional child.

(c) If there is no widow, but one child. $20. (d) If there is no widow, but two children, $30. (e) If there is no widow, but three children, $40, with $5 for each additional child.

(f) If there is a dependent mother (or dependent father), $20, or both, $30. The amount payable under this subdivision shall not exceed the difference between the total amount payable to the widow and children and the sum of $75. Such compensation shall be payable whether the dependency of the father or mother or both arises before or after the death of the person, but no compensation shall be payable if the dependency arises more than five years after the death of the person.

(1) If death occur or shall have occurred subsequent to April 6, 1917, and before discharge or resignation from the service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulation. Where a veteran of any war dies after discharge or resignation from the service and does not leave sufficient assets to meet the expenses of his burial and the transportation of his body, and such expenses are not otherwise provided for, the United States veterans' bureau shall pay the following sums: For a flag to drape the casket, and after burial to be given to the next of kin of the deceased, a sum not exceeding $5; also for burial expense, a sum not exceeding $100, to such person or persons as may be fixed by regulations: Provided, That when such person dies while receiving from the bureau compensation or vocational training, the above benefits shall be payable without reference to the indigency of the deceased; Provided further, That where such person, while receiving from the bureau medical, surgical or hospital treatment or vocational training, dies away from home and at the place to which he was ordered by the bureau, or while traveling under orders of the bureau, the above benefits shall be payable without reference to the indigency of the deceased and in addition thereto the actual and necessary cost of the transportation of the body of the person (including preparation of the body) to the place of burial within the continental limits of the United States, and including also, in the discretion of the director, the actual and necessary cost of transportation of an attendant: And provided further, That no accrued pension or compensation due at the time of death shall be deducted from the sum allowed.

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(2) The payment of compensation to widow shall continue until her death or remarriage, and the payment of compensation to a parent shall continue to the death of each parent.

or

(3) The payment of compensation to for a child shall continue until such child reaches the "ge of 18 years or marries. or if such child be permanently incapable of self-support by reason of mental or physical defect, then during such incapacity.

(4) Whenever the compensation payable to or for the benefit of any person under the provisions of this section is terminated by the happening of the contingency upon which it is limited, the compensation thereafter for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries.

(5) As between the widow and the children not in her custody and as between children the amount of compensation shall be apportioned as may be prescribed by regulation.

(6) The term "widow" as used in this section shall not include one who shall have married the deceased later than ten years after the time of injury, and shall include widower whenever his condition is such that if the deceased person were living he would have been dependent upon her for support.

(7) That this section shall be deemed to be in effect as of April 6, 1917: Provided, however, That the receipt of a gratuity, pension or compensation by widow or parent on account of the death of any person shall not bar the payment of compensation on_account of the death of any other person: Provided. That before compensation under this section shall be paid there shall first be deducted from said sum so to be paid the amount of any payments made under any other law on account of the death or disability of the same person: Provided. further, That no changes in rates or compensation made by this act shall be retroactive in effect.

Sec. 202. That if disability results from the injury

(1) If and while the disability is rated as total and temporary, the monthly compensation shall be the following amounts, payable monthly or semimonthly as the director may prescribe:

(a) If the disabled person has neither wife nor child living, $80.

(b) If he has a wife but no child living. $90.

(c) If he has a wife and one child living, $95, and $5 for each additional child. (d) If he has no wife and one child living. $90, with $5 for each additional child.

(e) If he has a mother or father, either or both dependent on him for support, then, in addition to the above amounts, $10 for each parent so dependent.

(2) If and while the disability is rated as partial and temporary, the monthly compensation shall be a percentage of the compensation that would be payable for his total and temporary disability, equal to the degree of the reduction in earning capacity resulting from the disability, but no conmpensation shall be payable for a reduction in earning capacity rated at less than 10 per centum.

That any ex-service man shown to have had a tubercular disease of compensable degree. and who has been hospitalized for a period of one year, and who in the judgment of the director has reached a condition of complete arrest of his disease, and who shall be discharged from further hospitalization, shall be rated as temporarily totally disabled, and such rating shall not be decreased within a period of six months.

(3) If and while the disability is rated as total and permanent, the rate of compensation shall be $100 per month: Provided, however, That the permanent loss of the use of both feet or both hands, or of both eyes. or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the loss of hearing of both ears, or becoming permanently helpless or permanently bedridden, shall be deemed to be total, permanent disability: Provided, further, That the com

pensation for the loss of the use of both eyes shall be $150 per month, and that compensation for the loss of the use of both eyes and one or more limbs shall be $200 per month: Provided, further, That for double total, permanent disability the rate of compensation shall be $200 per month.

That any ex-service man shown to have a tuberculous disease of compensable degree, and who has been hospitalized for a period of one year, and who in the judgment of the director wik not reach a condition of arrest by further hospitalization, and whose discharge from hospitalization will not be prej udicial to the beneficiary or his family, and who is not, in the judgment of the director, feasible for training, shall, upon his request, be discharged from hospitalization and rated as temporarily totally disabled, said rating to continue for the period of three years: Provided, however. That nothing in this subdivision shall deny the beneficiary the right, upon presentation of satisfactory evidence, to be adjudged to be permanently and totally disabled.

(4) If and while the disability is rated as partial and permanent, the monthly compensation shall be a percentage of the compensation that would be payable for his total and permanent disability equal to the degree of the reduction in earning capacity resulting from the disability, but no compensation shall be payable for a reduction in earning capacity rated at less than 10 per centum.

A schedule of ratings of reductions in earning capacity from injuries or combinations of injuries shall be adopted and applied by the bureau. Ratings may be as high as 100 per centum. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations similar to the occupation of the injured man at the time of enlistment and not upon the impairment in earning capacity in each individual case. so that there shall be no reduction in the rate of compensation for individual success in overcoming the handicap of an injury. The bureau in adopting the schedule of ratings of reduction in earning capacity shall consider the impairment in ability to secure employment which results from such injuries. The bureau shall from time to time readjust this schedule of ratings whenever actual experience shall show that it is unjust to the disabled veteran.

(5) If the disabled person is so helpless as to be in constant need of a nurse or attendant, such additional sum shall be paid, but not exceeding $50 per month, as the director may deem reasonable.

(6) In addition to the compensation above provided, the injured person shall be furnished by the United States such reasonable governmental medical, surgical and hospital services, including payment of court costs and other expenses incident to proceedings heretofore or hereafter taken for commitment of mentally incompetent persons to hospitals for the care and treatment of the insane, and shall be furnished with such supplies, including wheel chairs, artificial limbs, trusses and similar appliances, as the director may determine to be useful and reasonably necessary, which wheel chairs, artificial limbs, trusses and similar appliances may be procured by the bureau in such manner, either by purchase or manufacture, as the director may determine to be advantageous and reasonably necessary: Provided. That nothing in this act shall be construed to affect the necessary military control over any member of the military or naval establishments before he all have been discharged from the military naval service.

(7) Where any disabled person having neither wife, child nor dependent parent shall, after July 1, 1924, have been maintained by the bureau for a period or periods amounting to six months in a neuropsychiatric hospital or hospitals, and shall be deemed by the director to be permanently insane, the compensation for such person shall thereafter be $20 per month so long as he shall thereafter be maintained by the bureau in a neuropsychiatric hospital or hospitals; and such compensation may, in the discretion of the director, be paid to the chief officer of said hospital to be used for the benefit of such patient: Provided, however, That if such patient shall recover his reason and shall be discharged from such hospital as cured, an additional amount of $60 per month shall be paid to him for each month the rate of compensation was reduced as provided by this subdivision.

The compensation of any inmate of an asylum or hospital for the insane, or any part thereof, may, in the discretion of the director, be paid to the chief officer of said asylum or hospital to be used for the benefit of such inmate.

After June 30, 1927, the monthly rate of compensation for all veterans (other than those totally and permanently disabled) who are being maintained by the bureau in a hospital of any description and who are without wife, child or dependent parent shall not exceed $40.

(8) The director shall prescribe by regula tion the conditions and limitations whereby all patients or beneficiaries of the bureau who are receiving treatment through the bureau as patients in a hospital may allot any proportion or proportions or any fixed amount or amounts of their monthly compensation for such purposes and for the benefit of such person or persons as they may direct.

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In case such patient has not allotted threefourths of his monthly compensation and in case the director shall find that by gross dissipation he is retarding his own progress to recovery, then regulations to be made by the director may provide that (except in the case of neuropsychiatric patients who within the terms of the first paragraph of subdivision (7) hereof) any unallotted portion of such three-fourths compensation shall be deposited to the patient's credit with the treasurer of the United States to accumu late at such rate of interest as the secretary of the treasury may determine but at a rate never less than 3% per centum per annum, and when such patient shall be discharged by the bureau from hospital care the said deposit and interest shall be paid to such patient if living, otherwise to any beneficiary or beneficiaries he may have designated, or if there be no such beneficiary, then to the executor or administrator of the estate of such deceased person: Provided. That this paragraph shall not be so construed as to prevent payment by the bureau from the amounts due to the decedent's estate of his funeral expenses. expenses of last illness. board, rent, lodging or other household expenses for which the decedent is liable, provided a claim therefor is presented by the creditors or by the person or persons who actually paid the same before settlement by the bureau.

The secretary of the treasury is hereby au thorized to invest and reinvest the said allotments deposited with him or any part thereof in interest-bearing obligations of the United States and to sell the obligations for the purposes of said funds.

(9) In addition to the care, treatment and appliances now authorized by law, said bureau also shall provide, without charge