US (United States) Code. Title 42. Chapter 53: Advisory Commision on Intergovernmental Relations

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 53 - ADVISORY COMMISSION ON

INTERGOVERNMENTAL RELATIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-MISC1-

Sec.

4271. Establishment.

4272. Declaration of purpose.

4273. Membership of Commission; appointment of members;

term.

(a) Number of members; appointment; qualifications.

(b) Political and geographical composition.

(c) Term of office; reappointment; period of

service.

4274. Organization of Commission.

(a) Initial meeting.

(b) Chairman and Vice Chairman.

(c) Vacancies in membership.

(d) Termination of service in official position

from which originally appointed.

(e) Quorum.

4275. Duties of Commission.

4276. Powers and administrative provisions.

(a) Hearings; oaths and affirmations.

(b) Cooperation by Federal agencies.

(c) Executive director.

(d) Appointment and compensation of other

personnel; temporary and intermittent

services.

(e) Applicability of other laws to employees.

(f) Maximum compensation of employees.

4277. Compensation of members.

4278. Authorization of appropriations.

4279. Receipt of funds; consideration by Congress.

CONTINUATION AND TERMINATION OF COMMISSION TO PERFORM CONTRACTS FOR

RESEARCH ON SOCIAL AND ECONOMIC IMPACTS OF GAMBLING

Pub. L. 104-328, Sec. 1, Oct. 19, 1996, 110 Stat. 4004, provided

that the Advisory Commission on Intergovernmental Relations could

continue in existence solely for the purpose of performing any

contract entered into under section 7(a) of the National Gambling

Impact Study Commission Act, Pub. L. 104-169, Aug. 3, 1996, 110

Stat. 1487, formerly set out in a note under section 1955 of Title

18, Crimes and Criminal Procedure, and would terminate on the date

of the completion of such contract.

APPROPRIATIONS; UNFUNDED MANDATES; TERMINATION OF ADVISORY

COMMISSION ON INTERGOVERNMENTAL RELATIONS

Pub. L. 104-52, title IV, Nov. 19, 1995, 109 Stat. 480, provided

in part that: "For necessary expenses of the Advisory Commission on

Intergovernmental Relations, $784,000, of which $334,000 is to

carry out the provisions of Public Law 104-4 [see Short Title note

set out under section 1501 of Title 2, The Congress], and of which

$450,000 shall be available only for the purposes of the prompt and

orderly termination of the Advisory Commission on Intergovernmental

Relations."

-End-

-CITE-

42 USC Sec. 4271 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4271. Establishment

-STATUTE-

There is established a permanent bipartisan commission to be

known as the Advisory Commission on Intergovernmental Relations,

hereinafter referred to as the "Commission".

-SOURCE-

(Pub. L. 86-380, Sec. 1, Sept. 24, 1959, 73 Stat. 703.)

-COD-

CODIFICATION

Section was formerly classified to section 2371 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1. Sept. 6,

1966, 80 Stat. 378.

-EXEC-

EXECUTIVE ORDER NO. 11455

Ex. Ord. No. 11455, eff. Feb. 14, 1969, 34 F.R. 2299, which

established the Office of Intergovernmental Relations, was revoked

by Ex. Ord. No. 11690, eff. Dec. 14, 1972, 37 F.R. 26815, set out

as a note under section 301 of Title 3, The President.

OFFICE OF INTERGOVERNMENTAL RELATIONS; AUTHORIZATION OF

APPROPRIATIONS; COMPENSATION OF DIRECTOR; APPOINTMENT OF PERSONNEL;

EXPERTS AND CONSULTANTS

Pub. L. 91-186, Dec. 30, 1969, 83 Stat. 849, authorized the

appropriation of such sums as may be necessary for the expenses of

the Office of Intergovernmental Relations, established by Ex. Ord.

No. 11455, formerly set out above, prescribed the compensation of

the Director of the Office, and authorized the Director to appoint

such personnel as he deems necessary and to obtain the services of

experts and consultants.

EXECUTIVE ORDER NO. 12303

Ex. Ord. No. 12303, Apr. 8, 1981, 46 F.R. 21341, which

established the Presidential Advisory Committee on Federalism and

provided for its membership, functions, etc., was revoked by Ex.

Ord. No. 12399, Sec. 4(e), Dec. 31, 1982, 48 F.R. 380, formerly set

out as a note under section 14 of the Federal Advisory Committee

Act in the Appendix to Title 5, Government Organization and

Employees.

-End-

-CITE-

42 USC Sec. 4272 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4272. Declaration of purpose

-STATUTE-

Because the complexity of modern life intensifies the need in a

federal form of government for the fullest cooperation and

coordination of activities between the levels of government, and

because population growth and scientific developments portend an

increasingly complex society in future years, it is essential that

an appropriate agency be established to give continuing attention

to intergovernmental problems.

It is intended that the Commission, in the performance of its

duties, will -

(1) bring together representatives of the Federal, State, and

local governments for the consideration of common problems;

(2) provide a forum for discussing the administration and

coordination of Federal grant and other programs requiring

intergovernmental cooperation;

(3) give critical attention to the conditions and controls

involved in the administration of Federal grant programs;

(4) make available technical assistance to the executive and

legislative branches of the Federal Government in the review of

proposed legislation to determine its overall effect on the

Federal system;

(5) encourage discussion and study at an early stage of

emerging public problems that are likely to require

intergovernmental cooperation;

(6) recommend, within the framework of the Constitution, the

most desirable allocation of governmental functions,

responsibilities, and revenues among the several levels of

government; and

(7) recommend methods of coordinating and simplifying tax laws

and administrative practices to achieve a more orderly and less

competitive fiscal relationship between the levels of government

and to reduce the burden of compliance for taxpayers.

-SOURCE-

(Pub. L. 86-380, Sec. 2, Sept. 24, 1959, 73 Stat. 703.)

-COD-

CODIFICATION

Section was formerly classified to section 2372 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4275 of this title.

-End-

-CITE-

42 USC Sec. 4273 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4273. Membership of Commission; appointment of members; term

-STATUTE-

(a) Number of members; appointment; qualifications

The Commission shall be composed of twenty-six members, as

follows:

(1) Six appointed by the President of the United States, three

of whom shall be officers of the executive branch of the

Government, and three private citizens, all of whom shall have

had experience or familiarity with relations between the levels

of government;

(2) Three appointed by the President of the Senate, who shall

be Members of the Senate;

(3) Three appointed by the Speaker of the House of

Representatives, who shall be Members of the House;

(4) Four appointed by the President from a panel of at least

eight Governors submitted by the Governors' Conference;

(5) Three appointed by the President from a panel of at least

six members of State legislative bodies submitted by the board of

managers of the Council of State Governments;

(6) Four appointed by the President from a panel of at least

eight mayors submitted jointly by the National League of Cities

and the United States Conference of Mayors; and

(7) Three appointed by the President from a panel of at least

six elected county officers submitted by the National Association

of Counties.

(b) Political and geographical composition

The members appointed from private life under paragraph (1) of

subsection (a) of this section shall be appointed without regard to

political affiliation; of each class of members enumerated in

paragraphs (2) and (3) of subsection (a) of this section, two shall

be from the majority party of the respective houses; of each class

of members enumerated in paragraphs (4), (5), (6), and (7) of

subsection (a) of this section, not more than two shall be from any

one political party; of each class of members enumerated in

paragraphs (5), (6) and (7) of subsection (a) of this section, not

more than one shall be from any one State; at least two of the

appointees under paragraph (6) of subsection (a) of this section

shall be from cities under five hundred thousand population.

(c) Term of office; reappointment; period of service

The term of office of each member of the Commission shall be two

years; members shall be eligible for reappointment; and, except as

provided in section 4274(d) of this title, members shall serve

until their successors are appointed.

-SOURCE-

(Pub. L. 86-380, Sec. 3, Sept. 24, 1959, 73 Stat. 704; Pub. L.

89-733, Secs. 1, 2, Nov. 2, 1966, 80 Stat. 1162.)

-COD-

CODIFICATION

Section was formerly classified to section 2373 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1966 - Subsec. (a)(6). Pub. L. 89-733, Sec. 1, substituted

"National League of Cities" for "American Municipal Association".

Subsec. (a)(7). Pub. L. 89-733, Sec. 1, substituted "National

Association of Counties" for "National Association of County

Officials".

Subsec. (c). Pub. L. 89-733, Sec. 2, inserted provision that

members shall serve until their successors are appointed, except as

provided in section 4274(d) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4274 of this title.

-End-

-CITE-

42 USC Sec. 4274 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4274. Organization of Commission

-STATUTE-

(a) Initial meeting

The President shall convene the Commission within ninety days

following September 24, 1959 at such time and place as he may

designate for the Commission's initial meeting.

(b) Chairman and Vice Chairman

The President shall designate a Chairman and a Vice Chairman from

among members of the Commission.

(c) Vacancies in membership

Any vacancy in the membership of the Commission shall be filed in

the same manner in which the original appointment was made; except

that where the number of vacancies is fewer than the number of

members specified in paragraphs (4), (5), (6), and (7) of section

4273(a) of this title, each panel of names submitted in accordance

with the aforementioned paragraphs shall contain at least two names

for each vacancy.

(d) Termination of service in official position from which

originally appointed

Where any member ceases to serve in the official position from

which originally appointed under section 4273(a) of this title, his

place on the Commission shall be deemed to be vacant.

(e) Quorum

Thirteen members of the Commission shall constitute a quorum, but

two or more members shall constitute a quorum for the purpose of

conducting hearings.

-SOURCE-

(Pub. L. 86-380, Sec. 4, Sept. 24, 1959, 73 Stat. 705.)

-COD-

CODIFICATION

Section was formerly classified to section 2374 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4273 of this title.

-End-

-CITE-

42 USC Sec. 4275 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4275. Duties of Commission

-STATUTE-

It shall be the duty of the Commission -

(1) to engage in such activities and to make such studies and

investigations as are necessary or desirable in the

accomplishment of the purposes set forth in section 4272 of this

title;

(2) to consider, on its own initiative, ways and means for

fostering better relations between the levels of government;

(3) to submit an annual report to the President and the

Congress on or before January 31 of each year. The Commission may

also submit such additional reports to the President, to the

Congress or any committee of the Congress, and to any unit of

government or organization as the Commission may deem

appropriate.

-SOURCE-

(Pub. L. 86-380, Sec. 5, Sept. 24, 1959, 73 Stat. 705.)

-COD-

CODIFICATION

Section was formerly classified to section 2375 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in cl. (3)

of this section relating to submittal of an annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

item 12 on page 153 of House Document No. 103-7.

STUDY AND REPORT TO CONGRESS OF EFFECT ON FUNDS AVAILABLE FOR

HOUSING AND STATE AND LOCAL BOND MARKETS OF FULL DEPOSIT INSURANCE

FOR PUBLIC FUNDS; SUBMISSION DATE; AUTHORIZATION OF APPROPRIATIONS

Pub. L. 93-495, title I, Sec. 101(f), Oct. 28, 1974, 88 Stat.

1502, required the Advisory Commission on Intergovernmental

Relations to conduct a study of the impact of section 101 of Pub.

L. 93-495 [amending sections 1464, 1724, 1728, 1757, 1787, 1813,

1817 and 1821 of Title 12, Banks and Banking, and enacting

provision set out as a note under section 1813 of Title 12] on

funds available for housing and on State and local bond markets,

and to make a report to the Congress of the results of its study

not later than two years after Oct. 28, 1974, and authorized the

appropriation of such sums as may be necessary to carry out section

101(f) of Pub. L. 93-495.

-End-

-CITE-

42 USC Sec. 4276 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4276. Powers and administrative provisions

-STATUTE-

(a) Hearings; oaths and affirmations

The Commission or, on the authorization of the Commission, any

subcommittee or members thereof, may, for the purpose of carrying

out the provisions of this chapter, hold such hearings, take such

testimony, and sit and act at such times and places as the

Commission deems advisable. Any member authorized by the Commission

may administer oaths or affirmations to witnesses appearing before

the Commission or any subcommittee or members thereof.

(b) Cooperation by Federal agencies

Each department, agency, and instrumentality of the executive

branch of the Government, including independent agencies, is

authorized and directed to furnish to the Commission, upon request

made by the Chairman or Vice Chairman, such information as the

Commission deems necessary to carry out its functions under this

chapter.

(c) Executive director

The Commission shall have power to appoint, fix the compensation

of, and remove an executive director without regard to the civil

service laws and chapter 51 and subchapter III of chapter 53 of

title 5. Such appointment shall be made solely on the basis of

fitness to perform the duties of the position and without regard to

political affiliation.

(d) Appointment and compensation of other personnel; temporary and

intermittent services

Subject to such rules and regulations as may be adopted by the

Commission, the Chairman, without regard to the civil service laws

and chapter 51 and subchapter III of chapter 53 of title 5, and

without reference to political affiliation, shall have the power -

(1) to appoint, fix the compensation of, and remove such other

personnel as he deems necessary,

(2) to procure temporary and intermittent services to the same

extent as is authorized by section 3109 of title 5 but at rates

not to exceed $50 a day for individuals.

(e) Applicability of other laws to employees

Except as otherwise provided in this chapter, persons in the

employ of the Commission under subsections (c) and (d)(1) of this

section shall be considered to be Federal employees for all

purposes, including -

(1) subchapter III of chapter 83 of title 5,

(2) chapter 87 of title 5,

(3) annual and sick leave, and

(4) subchapter I of chapter 57 of this title 5.

(f) Maximum compensation of employees

No individual employed in the service of the Commission shall be

paid compensation for such employment at a rate in excess of the

highest rate provided for grade 18 under the General Schedule,

except that the executive director of the Commission may be paid

compensation at any rate not exceeding the rate prescribed for

level V in the Executive Schedule of subchapter II of chapter 53 of

title 5.

-SOURCE-

(Pub. L. 86-380, Sec. 6, Sept. 24, 1959, 73 Stat. 705; Pub. L.

88-426, title III, Sec. 306(e), Aug. 14, 1964, 78 Stat. 429; Pub.

L. 89-733, Secs. 3, 4, Nov. 2, 1966, 80 Stat. 1162.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsecs. (c) and (d), are

set out in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

Annual and sick leave, referred to in subsec. (e)(3), is covered

generally by section 6301 et seq. of Title 5.

-COD-

CODIFICATION

The following substitutions were made on authority of Pub. L.

89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and Employees:

In subsecs. (c) and (d), "chapter 51 and subchapter III of

chapter 53 of title 5" substituted for "the Classification Act of

1949".

In subsec. (d)(2), "section 3109 of title 5" substituted for

"section 15 of the Administrative Expenses Act of 1946 (5 U.S.C.

55a)".

In subsec. (e), "subchapter III of chapter 83 of title 5",

"chapter 87 of title 5", and "subchapter I of chapter 57 of title

5" substituted for "the Civil Service Retirement Act, as amended",

"the Federal Employees' Group Life Insurance Act of 1954, as

amended", and "the Travel Expense Act of 1949, as amended",

respectively.

In subsec. (f), "the Executive Schedule of subchapter II of

chapter 53 of title 5" substituted for "the Federal Executive

Salary Schedule of the Federal Executive Salary Act of 1964".

Section was formerly classified to section 2376 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1966 - Subsec. (c). Pub. L. 89-733, Sec. 3, substituted

"executive director" for "staff director".

Subsec. (f). Pub. L. 89-733, Sec. 4, authorized the executive

director of the Commission to be paid compensation at any rate not

exceeding the rate prescribed for level V in the Federal Executive

Salary Schedule.

1964 - Subsec. (f). Pub. L. 88-426 substituted "at a rate in

excess of the highest rate of grade 18 of the General Schedule of

the Classification Act of 1949, as amended" for "at a rate in

excess of $20,000 per annum".

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 4277 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4277. Compensation of members

-STATUTE-

(a) Members of the Commission who are Members of Congress,

officers of the executive branch of the Federal Government,

Governors, or full-time salaries officers of city and county

governments shall serve without compensation in addition to that

received in their regular public employment, but shall be allowed

necessary travel expenses (or, in the alternative, a per diem in

lieu of subsistence and mileage not to exceed the rates prescribed

in subchapter I of chapter 57 of title 5), without regard to

subchapter I of chapter 57 of title 5, the Standardized Government

Travel Regulations, or section 5731(a) of title 5, and other

necessary expenses incurred by them in the performance of duties

vested in the Commission.

(b) Unless prohibited by State or local law, members of the

Commission, other than those to whom subsection (a) of this section

is applicable, shall receive compensation at the rate of $50 per

day for each day they are engaged in the performance of their

duties as members of the Commission and shall be entitled to

reimbursement for travel, subsistence, and other necessary expenses

incurred by them in the performance of their duties as members of

the Commission, as provided for in subsection (a) of this section.

-SOURCE-

(Pub. L. 86-380, Sec. 7, Sept. 24, 1959, 73 Stat. 706; Pub. L.

89-733, Sec. 5, Nov. 2, 1966, 80 Stat. 1162.)

-COD-

CODIFICATION

In subsec. (a), "subchapter I of chapter 57 of title 5"

substituted for "the Travel Expense Act of 1949, as amended" and

for "the Travel Expense Act of 1949, as amended (5 U.S.C.

835-842)", and "section 5731(a) of title 5" substituted for

"section 10 of the Act of March 3, 1933, (5 U.S.C. 73(b)", on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

Section was formerly classified to section 2377 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-MISC1-

AMENDMENTS

1966 - Subsec. (b). Pub. L. 89-733 inserted "Unless prohibited by

State or local law".

-End-

-CITE-

42 USC Sec. 4278 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4278. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 86-380, Sec. 8, Sept. 24, 1959, 73 Stat. 706.)

-COD-

CODIFICATION

Section was formerly classified to section 2378 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-

-CITE-

42 USC Sec. 4279 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 53 - ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

-HEAD-

Sec. 4279. Receipt of funds; consideration by Congress

-STATUTE-

The Commission is authorized to receive funds through grants,

contracts, and contributions from State and local governments and

organizations thereof, and from nonprofit organizations. Such funds

may be received and expended by the Commission only for purposes of

this chapter. In making appropriations to the Commission the

Congress shall consider the amount of any funds received by the

Commission in addition to those funds appropriated to it by the

Congress.

-SOURCE-

(Pub. L. 86-380, Sec. 9, as added Pub. L. 89-733, Sec. 6, Nov. 2,

1966, 80 Stat. 1162.)

-COD-

CODIFICATION

Section was formerly classified to section 2379 of Title 5 prior

to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,

1966, 80 Stat. 378.

-End-