An Act Making Appropriations for Sundry Expenses of the Insular Government for the Fiscal Year Ending June Thirtieth, Nineteen Hundred and Six, and Other Designated Periods

December 1, 1905

ACT NO. 1416

AN ACT MAKING APPROPRIATIONS FOR SUNDRY EXPENSES OF THE INSULAR GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND SIX, AND OTHER DESIGNATED PERIODS

SECTION 1. The following sums, or so much thereof as may be respectively necessary, are hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, in part compensation for the service of the Insular Government for the fiscal year ending June thirtieth, nineteen hundred and six, and thereafter until expended, unless otherwise stated:

(Items omitted)

Total of appropriations for all purposes, seventeen million three hundred and forty-two thousand and sixty-one pesos and one centavo, or so much thereof as may be necessary: Provided, That each chief of Bureau or Office shall certify to the Auditor the amount of his outstanding obligations on account of the fiscal year nineteen hundred and five and prior fiscal years, and the Auditor shall transfer from the appropriations standing on his books, on account of the fiscal year nineteen hundred and five, to the current appropriation accounts such portion of the said fiscal year appropriations as may be necessary to meet such outstanding liabilities in whole or in part, as the same may be available. In case there is a surplus in the fiscal year nineteen hundred and five appropriation accounts of any Bureau or Office above the amount required for such outstanding liabilities of such fiscal year and prior years, said surplus shall be transferred to the funds in the Treasury available for appropriation: And provided further, That inter-Bureau transfers of property not otherwise provided for may be made by purchase or otherwise with the approval of the Governor-General or proper head of Department.

SECTION 2. Officers and employees of the Insular Government when traveling on official business and when absent from their permanent stations may receive, in the discretion of the chief of Bureau or head of Department, in lieu of traveling expenses other than transportation, per diems as follows:

Officers and employees receiving a salary of less than one thousand two hundred pesos per annum, a per diem of one peso;

Those receiving one thousand two hundred pesos or more per annum, but not exceeding one thousand eight hundred pesos per annum, a per diem of two pesos;

Those receiving more than one thousand eight hundred pesos per annum, but not exceeding two thousand four hundred pesos per annum, a per diem of three pesos; DETACa

Those receiving more than two thousand four hundred pesos per annum, but not exceeding six thousand pesos per annum, a per diem of four pesos; and

Those receiving more than six thousand pesos per annum, a per diem of five pesos: Provided, That members of field parties and other officers and employees for whom subsistence in kind or other special provision shall be made to cover traveling expenses other than transportation, shall not be paid the per diem herein stated: And provided further, That in the discretion of a Chief of Bureau, employees whose compensations are stated at rates other than per annum may be given the allowances authorized by this section for employees at a corresponding per annum compensation: And provided further, That when traveling by water transportation which does not include subsistence, officers and employees shall receive in lieu of per diems, reimbursement of the amounts actually and necessarily expended by them for subsistence: And provided further, That the provisions of existing law making it the duty of provincial governors to entertain judges of First Instance when holding court at provincial capitals are hereby repealed, and the same allowances provided by this section for other officers receiving similar salaries shall be paid to judges of Courts of First Instance from the funds of the province in which the per diems accrue; this provision to be applicable to all provinces whether organized under the Provincial Government Act or other Acts: Provided, however, That when a judge is traveling between the provinces comprising his judicial district, for purposes of holding court, his necessary transportation from the place in the province in which he last held court, together with his per diem allowance from and including the date of closing court in the said province, shall be a proper charge against the province in which the next court session is held: And provided further, That in all cases wherein a judge is traveling on official business between the judicial districts, or from his own district to Manila for official purposes other than holding court in his district, his transportation expenses and per diem allowance shall be borne by the Bureau of Justice: And provided further, That officers of the United States Army or Navy detailed for duty with the Insular Government shall receive, when traveling on official business of this Government, the per diems corresponding to the salary of the position which the officer is filling under detail, and if no salary be fixed by law for such position, the officer shall be considered as included in the class for which a per diem of five pesos is authorized, subject to the provisions applicable to officers of the Insular Government.

SECTION 3. Upon the approval of the Governor-General or proper head of Department first had, a vacancy in a position of any class may be filled by the appointment of one person or more of a lower class: Provided, That the aggregate of salaries paid is not greater than the salary authorized by law for that position.

SECTION 4. In all cases in which provision for a position or employment heretofore provided by law is not made by this Act, such position or employment is hereby authorized from July first, nineteen hundred and five, until not later than fifteen days after the passage of this Act, and any funds appropriated for salaries and wages for the Bureau or Office to which the position or employment pertains are hereby made available for payment of the services rendered.

SECTION 5. No position or employment authorized by this Act, the compensation of which is not stated at a per annum rate, shall be subject to the provisions of the Civil Service Act and Rules as amended, and no privileges of the classified service shall accrue to appointees to such positions: Provided, That all appointments and separations above the grade of semiskilled laborer under the provisions of this section shall be reported to the Bureau of Civil Service by the proper Chief of Bureau or Office, in case of discharge stating reasons therefor: And provided further, That unless otherwise authorized by law no payment may be made for overtime work.

SECTION 6. Unclassified employees of the Insular Government, including laborers, who are injured in clear line of duty may, in the discretion of the chief of the Bureau and with the approval of the head of the Department under which they are employed, continue to receive their regular compensation during the period of disability not exceeding ninety days: Provided, That the Governor-General or proper head of Department may, in his discretion, authorize payment of medical attendance, necessary transportation, and hospital fees for officers and employees injured in clear line of duty, but such payment shall not be made from the appropriation for the Insular salary and expense fund when the Bureau or Office concerned has an available appropriation for contingent expenses or public works, as the case may be, from which such payment can be made, nor shall the provisions of this section be construed to cover sickness as distinguished from physical wounds.

SECTION 7. The Governor-General or proper head of Department may, in his discretion, commute accrued leave of absence to persons entitled thereto, and authorize payment of the amount so accrued in a gross sum from the appropriation from which their salaries should properly be paid, or from the Insular salary and expense fund.

SECTION 8. The provisions of the first paragraph of section three of Act Numbered Eight hundred and seven, providing the manner in which withdrawals of moneys appropriated in said Act shall be made, are hereby made applicable to the withdrawal of moneys appropriated under this Act.

SECTION 9. The public good requiring the speedy enactment of this appropriation 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.

SECTION 10. This Act shall take effect on its passage.

ENACTED, December 1, 1905.