ACTS OF THE PHILIPPINE COMMISSION. [No. 1539.] AN ACT Amending section five of Act Numbered Seventy-four, establishing a Department of Public Instruction, as amended, by authorizing the Director of Education, with the approval of the Secretary of Public Instruction, to change, increase, or decrease the existing school divisions of the Philippine Islands. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Section five of Act Numbered Seventy-four, establishing a Department of Public Instruction, as amended by Act Numbered Thirteen hundred and thirty-seven, is hereby further amended by adding at the end thereof the following proviso: "Provided, That the Director of Education, with the approval of the Secretary of Public Instruction, may change, increase, or decrease the school divisions herein established whenever in his judgment the public interests so require." SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. [No. 1540.] AN ACT Authorizing the Atlantic, Gulf and Pacific Company to bring suit against the Government of the Philippine Islands in the Court of First Instance of the city of Manila to determine the liability of the respective parties for damages caused to the Luneta Extension by the typhoon of May eighteenth and nineteenth, nineteen hundred and six. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Authority is hereby granted the Atlantic, Gulf and Pacific Company, a company or corporation authorized to do business in the Philippine Islands, to institute a suit in the Court of First Instance of the city of Manila against the Government of the Philippine Islands, to determine the liability of the respective parties for damages done to the bulkhead and rock revetment of the Luneta Extension by the typhoon of May eighteenth and nineteenth, nineteen 11027-WAR 1907-VOL 10-1 1 hundred and six, under the contract entered into for said work between the Government of the Philippine Islands and the Atlantic, Gulf and Pacific Company, bearing date the twenty-fourth day of July, nineteen hundred and five: Provided, however, That this Act shall in no wise be construed as a waiver on the part of the Government of the Philippine Islands of any of its rights under said contract, or as a waiver of its contention that the question of liability for such damages under the said contract is a question to be finally decided by the officer in charge of the port works, or as a waiver of any other defense which it may have at the time of the passage of this Act. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. [No. 1541.] AN ACT Transferring the Division of Ethnology from the Bureau of Education to the Bureau of Science and repealing paragraph (b) of section twentythree of the Reorganization Act. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The administrative control and supervision of the Division of Ethnology, Bureau of Education, together with all officers and employees now provided by law for that division, and all property thereof, are hereby transferred to the Bureau of Science, and the Division of Ethnology shall hereafter be known and considered as a division of the Bureau of Science. The balance of appropriations under the Bureau of Education for salaries and wages of the Division of Ethnology and of the appropriation for the purchase of ethnological museum specimens and manuscripts is hereby transferred to and made a part of the appropriations of the Bureau of Science for the said division. SEC. 2. Paragraph (6) of section twenty-three of Act Numbered Fourteen hundred and seven, known as the Reorganization Act, is hereby repealed. SEC. 3. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. SEC. 4. This Act shall take effect on November first, nineteen hundred and six. Enacted, October 6, 1906. [No. 1542.] AN ACT Authorizing the municipal council of the municipality of Iba, Province of Zambales, to vacate that portion of Calle Bugallon lying between Calles Rizal and Padre Burgos, and to cede the same to the Province of Zambales as a site for a provincial high school. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. That portion of Calle Bugallon lying between Calles Rizal and Padre Burgos, in the municipality of Iba, Province of Zambales, being no longer necessary for public use, and it being manifestly to the interest of the public that the land now occupied by the same be used as a site for a provincial high school, the municipal council of Iba is hereby authorized to declare at an end the public use to which such portion of Calle Bugallon has been devoted, and to cede the same to the Province of Zambales as a site for a provincial high school. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. [No. 1543.] AN ACT Changing the name of the municipality of Namacpacan in the Province of La Union, to that of Luna. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Upon request of the municipal council of the municipality of Namacpacan, Province of La Union, approved and recommended by the provincial board of the Province of La Union, the name of said municipality is hereby changed to that of Luna. SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 3. This Act shall take effect on its passage. [No. 1544.] AN ACT Exempting from internal-revenue taxes all timber and other forest products for use in the actual construction and equipment of certain railway lines in the Philippine Islands. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. Timber and other forest products of all kinds, to whatever group they may belong, when cut or gathered under proper licenses issued by the Bureau of Forestry for use (and which shall, in fact, be so used) in the construction and equipment of the railways undertaken by the grantees under Acts Numbered Fourteen hundred and ninety-seven and Fifteen hundred and ten, pursuant to authority conferred by said Acts, shall be exempt from all internal-revenue taxes prescribed by Act Numbered Eleven hundred and eighty-nine, as amended, upon the presentation to the Collector of Internal Revenue, or his authorized agent, of a certificate in writing, in the form to be prescribed by the Collector of Internal Revenue, and signed by the representative or duly authorized agent of the railway company purchasing the timber or other forest products. The certificate shall show, in substance, that the material for which this exemption is sought is to be used in the construction and equipment of a line of railroad between certain points, naming the same; that no other use or disposition of the material will be made or permitted; and that if any other use or disposition thereof shall be contemplated, immediate notice thereof shall be given to the Collector of Internal Revenue, and the material in question be held subject to his order. SEC. 2. The exemptions provided by this Act shall not be construed to extend or apply to materials of any kind purchased from funds other than those of a railway company mentioned in section one hereof, or of one of its contractors or subcontractors, nor to materials which are intended for the personal use of officers or employees of any such company, contractor or subcontractor, whether the same are. purchased from funds of such company, contractor, or subcontractor or not. SEC. 3. The provisions of this Act shall not apply or extend to any railway line, nor to any materials therefor, after the line shall have once been officially declared to be constructed and equipped. SEC. 4. Any company or corporation violating any of the provisions of this Act or any of the terms of the certificate prescribed in section one hereof shall be punished by a fine of not less than double the amount of the taxes provided by law upon the timber or other forest products which may be the subject of the violation, and not more than ten times the amount thereof in the discretion of the court; any officer, representative, agent, or employee of any company or corporation, or any other person, violating any of the provisions of this Act or any of the terms of the certificate prescribed in section one hereof shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not less than one nor more than six months or by the fine above prescribed, or both, in the discretion of the court. SEC. 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twentysixth, nineteen hundred. SEC. 6. This Act shall take effect on its passage. [No. 1545.] AN ACT To amend the provincial government act, numbered eighty-three, by reorganizing the provincial boards, and by abolishing the position of provincial secretary, and for other purposes. By authority of the United States, be it enacted by the Philippine Commission, that: SECTION 1. The provincial boards of all provinces organized under Act Numbered Eighty-three, as amended, shall hereafter be composed of the provincial governor, the provincial treasurer, and a third member to be chosen in the manner prescribed, or to be prescribed, by law for provincial governors, except in the case of vacancies as hereinafter provided for, and subject to confirmation, and to suspension or removal, by the Governor-General, under the same conditions as prescribed for provincial governors. The qualifications of a candidate for election as the third member of a provincial board shall be the same as those now required for the office of provincial governor, and upon his election and confirmation such third member shall hold office for a term equal to that for which the governor is elected: Provided, That on or after the date this Act takes effect, and until the next regular provincial election, such third member shall be appointed by the Governor-General, with the consent of the Philippine Commission, to hold office until the said election, and until his successor is chosen and qualified in the manner herein prescribed: And provided further, That whenever, in the opinion of the Governor-General, the same may be necessary or advisable for the public interests, he may, with the approval of the Philippine Commission, declare that no election shall be held for a third member of the provincial board, fully setting forth his reasons for such action, and in such case the Governor-General may make an appointment to the office, with the approval of the Philippine Commission: And provided further, That if in any case the Governor-General shal! decline to confirm the person elected, he shall order a new election and shall fix the time for the holding thereof. If the Governor-General shall decline to confirm the person elected at the second election he shall, with the consent of the Philippine Commission, appoint some suitable person, who shall be a citizen of the United States or of the Philippine Islands, resident in the Philippine Islands, as the third member of the board: And provided further, That whenever the office of third member of the board becomes vacant during the term by death, removal, resignation, or other cause, the vacancy shall be filled by appointment made by the Governor-General, with the consent of the Philippine Commission. SEC. 2. It shall not be necessary for the third member of the provincial board to reside at the capital of the province or to establish an office in the provincial building, but he shall be required to be present at the sessions of the board and to perform his duties as a member thereof: Provided, however, That by a unanimous resolution of the provincial board, setting forth the grounds upon which it is adopted, and approved by the Governor-General, such third member may, for the time specified in said resolution, be required to perform the duties of provincial treasurer, or any ministerial duty required by the board. SEC. 3. The third member of the provincial board shall receive a compensation, to be fixed by resolution of the provincial board, |