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weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees; or the eggs, pupæ, or larvæ of any insect injurious as aforesaid.

Act March 3, 1905, c. 1501, s. 1, 33 Stat. 1269. Letters, parcels, etc., containing insects injurious to crops, vegetables, trees,

etc., nonmailable, except for scientific purposes; violations of section punishable. SEC. 2. That any letter, parcel, box, or other package containing the gypsy moth, brown-tail moth, leopard moth, plum curculio, hop plant-louse, boll weevil, or any of them in a live state, or other insect in a live state which is notoriously injurious to cultivated crops, including vegetables, field crops, bush fruits, orchard trees, forest trees, or shade trees, or any letter, parcel, box, or package which contains the eggs, pupæ, or larvæ of any insect injurious as aforesaid, whether sealed as first-class matter or not, is hereby declared to be nonmailable matter, except when mailed for scientific purposes under the regulations hereinafter provided for, and shall not be conveyed in the mails, nor delivered from any post-office, nor by any letter carrier, except when mailed for scientific purposes under the regulations hereinafter provided for; and any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, or cause the same to be taken from the mails for the purpose of retaining, circulating, or disposing of, or of aiding in the retention, circulation, or disposition of the same shall, for each and every offense, be fined, upon conviction thereof, not more than five thousand dollars or imprisoned at hard labor not more than five years, or both, at the discretion of the court: Provided, That nothing in this Act shall authorize any person to open any letter or sealed matter of the firstclass not addressed to himself.

Act March 3, 1905, c. 1501, s. 2, 33 Stat. 1270. Regulations for mailing, shipping, transportation, delivery, and removal, for

scientific purposes, of insects, etc., within sections 1 and 2 of act. Sec. 3. That it shall be the duty of the Secretary of Agriculture, and he is hereby authorized and directed to prepare and promulgate rules and regulations under which the insects covered by sections one and two of this Act may be mailed, shipped, transported, delivered, and removed, for scientific purposes, from one State or Territory into another State or Territory, or from the District of Columbia into a State or Territory, or from a State or Territory into the District of Columbia, and any insects covered by sections one and two of this Act may be so mailed, shipped, transported, delivered, and removed, for scientific purposes, under the rules and regulations of the Secretary of Agriculture: Provided, That the rules and regulations of the Secretary of Agriculture, in so far as they affect the method of mailing insects, shall be approved by the Postmaster-General, and nothing in this Act shall be construed to prevent any State from making and enforcing laws in furtherance of the purposes of this Act, prohibiting or regulating the admission into that State of insects from a foreign country.

Act March 3, 1905, c. 1501, s. 3, 33 Stat. 1270.

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Violations of provisions of section 1 of act punishable.

SEC. 4. That any person, company, or corporation who shall knowingly violate the provisions of section one of this Act shall, for each offense, be fined, upon conviction thereof, not more than five thousand dollars or imprisoned at hard labor not more than five years, or both, at the discretion of the court.

Act March 3, 1905, c. 1501, s. 4, 33 Stat. 1270.

ACT AUGUST 10, 1912, c. 284. (37 Stat. 269.)

SALARIES, BUREAU OF ENTOMOLOGY: One entomologist, who shall be chief of bureau, four thousand five hundred dollars; one executive assistant, two thousand two hundred and fifty dollars; one chief clerk, one thousand eight hundred dollars; one clerk, class four; two clerks, class three; six clerks, class two; four clerks, class one; five clerks, at one thousand dollars each; two clerks, at nine hundred dollars each; one clerk, eight hundred and forty dollars; one superintendent of moth work, two thousand seven hundred and fifty dollars; one assistant superintendent of moth work, one thousand and eighty dollars; one entomological assistant, one thousand eight hundred dollars; two entomological draftsmen, at one thousand four hundred dollars each; one entomological draftsman, one thousand and eighty dollars; three foremen, at one thousand and eighty dollars each; two entomological preparators, at eight hundred and forty dollars each; one entomological preparator, seven hundred and twenty dollars; six entomological preparators, at six hundred dollars each; one messenger, eight hundred and forty dollars; two messengers or laborers, at seven hundred and twenty dollars each; one mechanic, eight hundred and forty dollars; one mechanic, seven hundred and fifty dollars; one laborer, five hundred and forty dollars; two charwomen, at four hundred and eighty dollars each; one charwoman, two hundred and forty dollars; in all, fifty-eight thousand seven hundred and fifty dollars.

GENERAL EXPENSES, BUREAU OF ENTOMOLOGY: For the promotion of economic entomology; for investigating the history and the habits of insects injurious and beneficial to agriculture, horticulture, and arboriculture, and ascertaining the best means of destroying those found to be injurious; for salaries and the employment of labor in the city of Washington and elsewhere, rent outside of the District of Columbia, freight, express charges, official traveling expenses, office fixtures, supplies, apparatus, telegraph and telephone service, gas, and electric current, in connection with the following investigations:

For investigations of insects affecting deciduous fruits, orchards, vineyards, nuts, and so forth, including investigations of the pear thrips, cranberry insects, and apple maggots, forty thousand six hundred dollars;

For investigations of insects affecting cereal and forage plants, including the alfalfa weevil, seventy-five thousand dollars, of which sum fifteen thousand dollars shall be immediately available;

For investigations of insects affecting southern field crops, including the cotton-boll weevil and other insects injurious to cotton, insects affecting tobacco, rice, and sugar cane, the Argentine ant, and life history studies of ticks, forty-seven thousand one hundred and sixty dollars;

For investigations of insects affecting forests, forty-four thousand seven hundred and fifty dollars;

For investigations of insects affecting truck crops, sugar beet, stored grains, and other stored products, thirty thousand dollars;

For investigations in bee culture, fifteen thousand dollars; For investigations of insects affecting citrus fruits, including the white fly, orange thrips, and scale insects, twenty-one thousand five hundred dollars;

For investigations of the Mediterranean fly in the United States, its territories and possessions, thirty-five thousand dollars, which sum shall be immediately available;

For investigations of miscellaneous insects, inspection work, study of insects affecting the health of man and animals, insecticides, and the importation and exchange of useful insects, nineteen thousand seven hundred and forty dollars;

In all, for general expenses, three hundred and twenty-eight thousand seven hundred and fifty dollars.

PREVENTING SPREAD OF MOTHS: To enable the Secretary of Agriculture to meet the emergency caused by the continued spread of the gypsy

and brown-tail moths by establishing and maintaining a quarantine against further spread in such manner as he shall deem best, in cooperation with the authorities of the different States concerned and with the several State experiment stations, including rent outside of the District of Columbia, the employment of labor in the city of Washington and elsewhere, and all other necessary expenses, two hundred and eighty-four thousand eight hundred and forty dollars.

Total for Bureau of Entomology, six hundred and seventy-two thousand three hundred and forty dollars.

Act August 10, 1912, c. 284, 37 Stat. 291.

These are provisions of the agricultural appropriation act for the fiscal

year 1913, cited above. RES. JULY 30, 1912, No. 35. Joint resolution making appropriation to be

used in exterminating the army worm. (37 Stat. 640.) Extermination of army worm.

That the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to be used by the Secretary of Agriculture in exterminating a dangerous pest commonly called the army worm, now devastating crops in various sections of the United States.

Res. July 30, 1912, No. 35, 37 Stat. 640.

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BUREAU OF BIOLOGICAL SURVEY.

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ACT MARCH 3, 1905, c. 1405. (33 Stat. 861.)
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One biologist, who shall be chief of Bureau,
Act March 3, 1905, c. 1405, 33 Stat. 877.

This is a provision of the agricultural appropriation act for the fiscal year 1906, cited above. Provisions in the same words are contained in the similar acts for subsequent fiscal years. The provision in the act for the fiscal year 1913 is set forth on p. 226, post. The agricultural appropriation acts for the fiscal years 1897 to 1905, inclusive, contain provisions for “ One biologist, who shall be chief of division."

ACT MAY 25, 1900, c. 553. An act to enlarge the powers of the Department of

Agriculture, prohibit the transportation by interstate commerce of game

killed in violation of local laws, and for other purposes. (31 Stat. 187.) Preservation, distribution, introduction, and restoration of game birds and

other wild birds; collection and publication of information as to propagation, uses, and preservation of such birds; regulation for carrying out purposes of act. That the duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby authorized to adopt such measures as may be necessary to carry out the purposes of this Act and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed.

The Secretary of Agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds.

And the Secretary of Agriculture shall make and publish all need ful rules and regulations for carrying out the purposes of this Act, and shall expend for said purposes such sums as Congress may appropriate therefor.

Act May 25, 1900, c. 553, s. 1, 31 Stat. 187.

The provisions of sections 24 of this act are incorporated in "An act to codify, revise, and amend the penal laws of the United States," act March 4, 1909, c. 321, ss. 241-244, set forth below, and said sections of this act are expressly repealed by section 341 of said act March 4, 1909.

Act June 3, 1902, c. 983, 32 Stat. 285, provides that the Secretary of Agriculture shall have the power to authorize the importation of eggs of game birds for propagation, and prescribe necessary rules and regulations governing the same. Said act is superseded by provisions of act August 5, 1909, c. 6, 36 Stat. 75, prohibiting the importation of eggs of game birds and eggs of birds not used for food, except scientific specimens, and authorizing the importation of game birds under rules and

regulations prescribed by the Secretary of the Treasury. Bodies of game animals and game and song birds subject to laws of State, etc.,

into which transported. Sec. 5. That all dead bodies, or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohibited, or the dead bodies, or parts thereof, of any wild game animals, or game or song birds transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. This Act shall not prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl.

Act May 25, 1900, c. 553, s. 5, 31 Stat. 188.

This section is partially incorporated in "An act to codify, revise, and amend the penal laws of the United States," act March 4, 1909, c. 321,

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s. 242, set forth below, and the above section is not included with other sections of this act expressly repealed by section 341 of said act March 4, 1909.

ACT MARCH 4, 1909, c. 321. (35 Stat. 1088.)
Importation of certain injurious animals and birds forbidden; permits for

foreign wild animals and birds; specimens for museums, etc. SEC. 241. The importation into the United States, or any Territory or District thereof, of the mongoose, the so-called "flying foxes” or fruit bats, the English sparrow, the starling, and such other birds and animals as the Secretary of Agriculture may from time to time declare to be injurious to the interests of agriculture or horticulture, is hereby prohibited; and all such birds and animals shall, upon arrival at any port of the United States, be destroyed or returned at the expense of the owner. No person shall import into the United States or into any Territory or District thereof, any foreign wild animal or bird, except under special permit from the Secretary of Agriculture: Provided, That nothing in this section shall restrict the importation of natural history specimens for museums or scientific collections, or of certain cage birds, such as domesticated canaries, parrots, or such other birds as the Secretary of Agriculture may designate. The Secretary of the Treasury is hereby authorized to make regulations for carrying into effect the provisions of this section.

Act March 4, 1909, c. 321, s. 241, 35 Stat. 1137.

This section is a part of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein the provisions of section 2 of act May 25, 1900, c. 553, 31 Stat. 188, which section is expressly repealed by section 341 of this act.

See note on appropriation for enforcement of this section under section

244 of this act set forth below. Interstate transportation of animals and birds illegally imported and game

killed in violation of laws of States, etc., unlawful; game in season and

feathers of barnyard fowls excepted. SEC. 242. It shall be unlawful for any person to deliver to any common carrier for transportation, or for any common carrier to transport from any State, Territory, or District of the United States, to any other State, Territory, or District thereof, any foreign animals or birds, the importation of which is prohibited, or the dead bodies or parts thereof of any wild animals or birds, where such animals or birds have been killed or shipped in violation of the laws of the State, Territory, or district in which the same were killed, or from which they were shipped: Provided, That nothing herein shall prevent the transportation of any dead birds or animals killed during the season when the same may be lawfully captured, and the export of which is not prohibited by law in the State, Territory, or District in which the same are captured or killed : Provided further, That nothing herein shall prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowls.

Act March 4, 1909, c. 321, s. 242, 35 Stat. 1137.

This section is a part of "An act to codify, revise, and amend the penal laws of the United States," cited above. incorporating therein provisions of sections 3 and 5 of act May 25, 1900, c. 553, 31 Stat. 188. Section 3 of said act is expressly repealed by section 341 of said act March 4, 1909.

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