2102. Alaska; laws in effect.-That the Constitution of the United States, and all the laws thereof which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States; that all the laws of the United States heretofore passed establishing the execu tive and judicial departments in Alaska shall continue in full force and effect until amended or repealed by Act of Congress; that except as herein provided all laws now in force in Alaska shall continue in full force and effect until altered, amended, or repealed by Congress or by the legislature: * 3, act of Aug. 24, 1912 (37 Stat. 512); U. S. C. 48: 23. Sec. Powers of Congress.-In legislating for Alaska, Congress exercises the combined powers of the General and State Government. The Alaska Code is to be considered and construed as if enacted by the legislature of a State. Allen v. Myers (1901), 1 Alaska, 114. 2103. Canal Zone; laws in effect. That all laws, orders, regulations, and ordinances adopted and promulgated in the Canal Zone by order of the President for the government and sanitation of the Canal Zone and the construction of the Panama Canal are hereby ratified and confirmed as valid and binding until Congress shall otherwise provide. Sec. 2, act of Aug. 24, 1912 (37 Stat. 561); U. S. U. 48: 1309. * The above is the general provision. Various specific provisions relating to the Canal Zone of like nature are not given herein. Notes of Decisions Operation and effect of section in general. An order of the President continuing in force for the government of the Canal Zone "the laws of the land, with which the inhabitants are familiar," etc., was construed by the Government as including the Civil Code of Panama, and was followed by an act of Congress ratifying the laws, orders, etc. promulgated by the President. Held, that the order merely embodied the rule that a change of sovereignty does not end existing private law, and that the act neither fastened upon the Zone a specific civil-law interpretation of the Code nor overthrew the principle of common-law construction adopted and applied by the Supreme Court of the Zone before the act was passed. Panama Railroad Co. v. Bosse (1918), 249 U. S. 41. This section held to have confirmed validity and binding effect of article of Civil Code of Canal Zone continued in force by Executive order. Panama R. Co. v. Rock (1924), 266 U. S. 209. This section held not inconsistent with sec. 2, act of Sept. 21, 1922 (42 Stat. 1005), providing that rules of practice shall be prescribed or amended by order of the President. (1925) 34 Op. Atty. Gen. 475. This section prohibits the President from amending secs. 342, 368, and 461 of the Penal Code, and repealing sec. 47 of the Code of Criminal Procedure of the Canal Zone. (1914) 30 Op. Atty. Gen. 344. It did not deprive the President of the power to make an order providing for a charge being made for rent, fuel, electric current, water, and services in connection with Government-owned quarters occupied by employees, in view of sec. 4 of this act and sec. 1, act of Sept. 1. 1922 (42 Stat. 1004), It not being shown that the employees were employed in connection with the government and sanitation of the Canal Zone or the construction of the canal. McConaughey v. Morrow (C. C. A. 1922), 279 Fed. 617, affirmed (1923), 263 U. S. 39. Liability for negligence causing injury or death. The rule of practice under the Judicial Code of Colombia that a civil action can not be prosecuted until the conclusion of a criminal action arising out of the same act, has no application to an action against a railroad company for injuries sustained in Panama from the negligence of the engineer, though the engineer would be punishable criminally, as the same person is not liable both civilly and criminally. Panama R. Co. v. Toppin (1920), 252 C. S. 308, affirming (C. C. A. 1918) 250 Fed. 989. No private cause of action arises from death of human being in Panama, under Civil Code Panama, sec. 2341, providing that one guilty of an offense or fault is obliged to repair it. Panama R. Co. v. Rock (1924), 266 U. S. 209. Under law 62, art. 5. Laws Colombia 1887, now the law of Panama, a railroad company is liable for personal injuries caused by the negligence of its employees while engaged in the service they were em ployed to render. Panama R. Co. r. Toppin (C. C. A. 1918), 250 Fed. 989, affirmed (1920), 252 U. S. 308. Damages for personal injuries.—Under the law in force in Panama and in the Canal Zone, damages for physical pain and suffering are recoverable in an action for personal injury. Panama R. Co. c. Besse (1917), 239 Fed. 303, affirmed (1919), 249 U. S. 41; Panama R. Co. v. Toppin (C. C. A. 1918), 250 Fed. 989, affirmed (1920), 252 U. S. 308. Illegitimate children.-A Panama statute providing that acknowledgment on the part of the mother is presumed with respect to certain illegitimate children, and that they shall be considered as natural in relation to her as if recognized, is repealed as to the Canal Zone, because not included in the civil code continued in force in the Canal Zone and in conflict with provisions included in such code. Panama R. Co. t. Castilla (C. C. A. 1921), 272 Fed. 656. There being no statute in the Canal Zone declaring an illegitimate child legitimate as to its mother, the mother has no right of ne tion for a wrongful act causing death. Id. Jurisdiction of Circuit Court of Appeals— A suit by an employee of the Government in the Panama Canal Zone to enjoin of cers of the Government from putting inte effect an Executive order providing for a charge for rent, fuel, etc., in connection with Government-owned quarters, in that the President was without authority make such charges under this section. In volved a statute of the United States, and the effect of the dismissal of the bill was a denial of a right asserted under that statute, and the Circuit Court of Appeals for the Fifth Circuit had jurisdiction of s appeal under sec. 3, act of Sept. 21, 19 (42 Stat. 1006), such provision alone and not any provision of the judicial code controlling as to the right of the court to re view a final judgment or decree of the District Court of the Canal Zone. Me Connaughey v. Morrow (C. C. A. 1922), 79 Fed. 617, affirmed (1923), 263 U. 8. 39. 2104. Same; control in time of war.-That in time of war in which the United States shall be engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone. and during a continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army. Sec. 13, act of Aug. 24, 1912 (37 Stat. 569); U. S. C. 48: 1306. 2105. Canal Zone; enlargement of Panama Canal and investigation of Nicaraguan route. That the President is hereby authorized to cause to be made, under the direction of the Secretary of War and the supervision of the Chief of Engineers, and with the aid of such civilian engineers as the President shall deem advisable, a full and complete investigation and survey for the purpose of ascertaining the practicability and the approximate cost of constructing and maintaining (1) such additional locks and other facilities at the Panama Canal as may be necessary to provide for the future needs of interoceanic shipping; and (2) any other route for a ship canal between the Atlantic and Pacific Oceans. Sec. 1, pub. res. of Mar. 2, 1929 (45 Stat. 1539). The President is hereby authorized to cause to be made, under the direction of the Secretary of War and the supervision of the Chief of Engineers, and with the aid of such civilian engineers as the President shall deem advisable, a full and complete investigation and survey for the purpose of revising and bringing down to date the reports of the Isthmian Canal Commission transmitted to Congress, with respect to the practicability and advantages and approximate cost of constructing a canal across Nicaragua, and for the purpose of obtaining all additional available information respecting (1) the most practical route for an interoceanic ship canal across the Republic of Nicaragua by way of the San Juan River and the Great Lake of Nicaragua, or by way of any other route over Nicaraguan territory, including suitable locations for harbors at each of the termini thereof; (2) the practicability and approximate cost of constructing and maintaining such canal; and (3) the approximate cost of acquiring all private rights, properties, privileges, and franchises, if any, included in or necessarily affected by such canal route. Sec. 2, pub. res. of Mar. 2, 1929 (45 Stat. 1539). The Chief of Engineers, under the direction of the Secretary of War, may establish and maintain, during the investigations and surveys authorized by this resolution, such stations as he may deem necessary for ascertaining the water supply available for the operation of a canal across Nicaragua or elsewhere and for the operation of the additional locks and other facilities at the Panama Canal. Sec. 3, pub. res. of March 2, 1929 (45 Stat. 1539). The President is hereby requested to report to the Congress not later than two years from the approval of this resolution the results of the investigations and surveys hereby authorized, together with such recommendations in connection therewith as he may deem advisable. Sec. 5, pub. res. of March 2, 1929 (45 Stat. 1540). 2106. Same; contracts between executive departments and Panama Railroad.— Hereafter the Panama Railroad Company shall not be required to give bond, either with or without surety, in contracts which it may make to furnish services, materials, or supplies to the Army, Navy, Marine Corps, or other departments of the Government, and such contracts may be made for periods less than one year, as may be agreed on, and formal contracts in writing shall not be required unless agreed on. Sec. 6, act of Mar. 4, 1911 (36 Stat. 1452); U. 8. C. 48: 1335. 2107. Same; sales by Panama Canal.-In addition to the foregoing sums there is appropriated for the fiscal year nineteen hundred and thirty for expenditures and reinvestment under the several heads of appropriation aforesaid, without being covered into the Treasury of the United States, all moneys received by the Panama Canal from services rendered or materials and supplies furnished to the United States, the Panama Railroad Company, the Canal Zone Govern ment, or to their employees, respectively, or to the Panama Government, from hotel and hospital supplies and services; from rentals, wharfage, and like service; from labor, materials, and supplies, and other services furnished to vessels other than those passing through the canal, and to others unable to obtain the same elsewhere; from the sale of scrap and other by-products of manufacturing and shop operations; from the sale of obsolete and unserviceable materials, supplies, and equipment purchased or acquired for the operation maintenance, protection, sanitation, and government of the canal and Canal Zone; and any net profits accruing from such business to the Panama Canal shall annually be covered into the Treasury of the United States. Act of Feb. 28, 1929 (45 Stat. 1386), making appropriations for the support of the War Department. A similar provision has appeared in prior appropriation acts. 2108. Hawaii; laws in effect. That the Constitution, and, except as otherwise provided, all the laws of the United States, including laws carrying general appropriations, which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: Provided, That sections eighteen hundred and forty-one to eighteen hundred and ninety-one, inclusive, nineteen hundred and ten and nineteen hundred and twelve, of the Revised Statutes, and the amendments thereto, and an Act entitled “An Act to prohibit the passage of local or special laws in the Territories of the United States, to limit Territorial indebtedness, and for other purposes," ap proved July thirtieth, eighteen hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii. Sec. 5, act of Apr. 30, 1900 (31 Stat. 141), as amended by sec. 1, act of May 27, 1910 (36 Stat. 443) ; U. S. C. 48: 495. That the laws of Hawaii not inconsistent with the Constitution or laws of the United States or the provisions of this Act shall continue in force, subject to repeal or amendment by the Legislature of Hawaii or the Congress of the United States. Sec. 6, act of Apr. 30, 1900 (31 Stat. 142); U. S. C. 48: 496. Sec. 5, as originally enacted, provided that the Constitution, and, except as otherwise provided, all the laws of the United States not locally inapplicable should have the same force and effect within the Territory as elsewhere in the United States, with a proviso that R. S. 1850, 1890, should not apply to the Territory. It was amended by adding the clause "including laws carrying general appropriations," and by changing the proviso to read as set forth here. R. S. 1910, 1912, mentioned in this section, containing provisions relating to the courts of certain Territories named or referred to therein, were superseded by the admission of all said Territories to the Union as States. The above is the general provision. Various specific provisions relating to Hawail of like nature are not given herein. Notes of Decisions Constitution and laws applicable.-When territory is acquired by treaty or conquest, or otherwise, its relation to the nation acquiring it depends upon the laws of that nation, unless controlled by the instrument of cession. (1898) 22 Op. Atty. Gen. 150. The resolution annexing the Hawaiian Islands is intended to have the effect of a treaty of cession merely, whereby those islands become, in a broad sense, subject to American sovereignty. How that sovereignty will regulate their status with regard to itself and its laws is not thereby Intended to be determined. Id. The laws of the United States affecting the Hawaiian Islands, as well as the laws of such islands, are to remain generally undisturbed by reason of the resolution of annexation until Congress provides a Government therefor. (1898) 22 Op. Atty. Gen. 249. Narcotic drugs import and export act.— Under this section, act of Feb. 9, 1909, as amended by act of Jan. 17, 1914 (38 Stat. 275), applies to Hawali. Iponmatsu Ukichl v. U. S. (C. C. A. 1922), 281 Fed. 525, certiorari denied (1922), 260 U. S. 729, |