SEC. 5. The provincial governor shall discharge the duties of his office under the general supervision of the Civil Governor of the Islands, to whom he shall report from time to time. If the provincial governor be at the same time the commanding general of the Department of Mindanao and Joló, he shall furnish copies of the reports made by him to the Civil Governor to the Commanding General of the troops in the Philippine Islands, if such officer shall so require; he shall see that the laws are faithfully executed by all officers of the province, districts, subdistricts, and municipalities. Subject to the provisions of law, he shall have control, through the proper district governors, of the municipal police of the various municipalities therein, and, through the seventh assistant chief of Philippines Constabulary, he may direct the use and control the movements of the Insular Constabulary within the Moro Province; he may, when public interests require, temporarily withdraw the Constabulary from one district for use in another; he shall visit at least once in every six months the capitals of every district in the province. Upon complaint made, or of his own motion, the provincial governor may suspend from the execution of the duties of his office any district officer for misconduct or incompetency in office; he shall order the provincial attorney to prefer formal charges against and serve the same upon the accused officer, and after due hearing may dismiss the charges, impose any penalty by loss of pay or a definite period of suspension upon the offender, or, if the charges warrant, dismiss him from office. If the charges involve either criminal or civil liability of the accused, he may direct the provincial attorney to bring a proper action, either criminal or civil, in the public interest against the accused officer. He shall make a report of the conditions of the province between the first and fifteenth of September of each year to the Civil Governor of the Islands for the year ending on the first day of September, recommending therein such measures, executive or legislative, as it may seem to him best that the Insular Executive or the Commission should take for the betterment of the conditions in the province. He shall, when notified by the judge of any Court of First Instance of the province that the decrees and judgments of the court can not be enforced with the ordinary procedure and by the use of the usual officers of the law, give such assistance with the Constabulary and municipal police as shall bring about a prompt enforcement of such judgments and decrees. The provincial governor, by and with the advice and consent of the legislative council hereinafter created, shall appoint the district governors, the lieutenant-governor of the subdistrict of Dapitan, the district treasurers, and the district secretaries. The provincial governor shall also appoint all the subordinate officers and employees in the provincial government of the Moro Province under the provisions of the Civil Service Act, except such employees as are paid from special appropriations for public works, all of whom shall be appointed or employed in such manner as the legislative council may direct, not inconsistent with the Civil Service law.

SEC. 6. The provincial secretary shall, during a vacancy in the office of governor or during the governor's disability, or absence from the province, perform the duties of governor; he may under the direction of the governor make inspections of civil affairs in the various districts, and perform such duties in reference thereto as the governor may authorize; he shall acquaint himself, as far as practicable, with the language and customs of the Moros and other non-Christians in the province, and from time to time make report to the governor of such matters as he deems necessary for their betterment. When the governor is absent from the capital but present in the province, the secretary shall perform such duties of the governor as may be delegated to him in writing by the governor. He shall attest all the official acts of the governor of the province, and shall record all of the governor's acts which are required by law to be recorded; he shall be the custodian of the provincial seal; he shall receive from the governor and file in his office all reports to the governor required by law, and shall index the same; he shall act as custodian of all provincial records and documents and discharge all duties usually pertaining to that of the office of secretary; he shall on demand furnish certified copies of all public records and documents within his custody, for which he may charge, as personal compensation in addition to his regular salary, to any private person, but not to any public official needing the same for a public purpose, the amount of ten cents, local currency, for every one hundred words of such copy, including the certificate. He shall act as secretary of the legislative council hereinafter created and attest all its acts and resolutions and, generally, shall discharge such other duties as the legislative council may by law provide.

SEC. 7. The provincial treasurer shall be the chief financial officer of the province; he shall supervise the appraisement and assessment by the district

treasurers and their deputies of all property in the province required by law to be assessed for taxation; he shall supervise the collection by the district treasurers of all taxes imposed in the province, either by the Central Government of the Islands, the provincial government, or the municipalities in the province, except only the customs duties, which shall be collected as now by the collectors of customs under the direction of the Insular Collector of Customs; he shall give a bond for the faithful discharge of his duties and accounting for all moneys coming into his custody and for the lawful disbursement thereof; the amount of the bond shall be fixed by the Insular Treasurer; he shall have authority and it shall be his duty to require a bond from each of the deputies in his office, the amount thereof to be fixed by the legislative council; he shall be the custodian of all the funds of the province deposited in the provincial treasury, and shall pay no money out of the treasury of the province except upon warrants drawn in accordance with law, which duly indorsed by the payee named therein shall be his voucher for the payment; he shall on the tenth day of January, April, July, and October of each year render quarterly accounts of the transactions of his office for the preceding quarter to the legislative council hereinafter created, who, by committee, shall examine such accounts and count the cash, and if the accounts are found correct shall so certify on the face of the accounts; he shall forward one copy of each quarterly account to the Insular Treasurer and one to the Insular Auditor; the books, accounts, and cash of the provincial treasurer shall be subject to the same character of inspection by the examiners of the Insular Treasurer as are the books, accounts, and cash of the provincial treasurers under the General Provincial Government Act; the provincial treasurer shall, by examiners duly appointed by the provincial governor under the authority of the legislative council, supervise and examine the transactions of the district treasurers; such examinations shall involve an investigation of the books and accounts of each district treasurer and the counting of his cash, and shall be made at least once every quarter. He shall perform all other duties which may be provided by law of the legislative council.

SEC. 8. The provincial engineer shall have supervision over the construction, repair, and maintenance of the roads, bridges, ferries, public buildings, and other public improvements of the province. It shall be the duty of the engineer to make reports to the legislative council at least once a quarter, and oftener if deemed necessary by the council, of the conditions of the roads, bridges, public buildings, and other improvements of the province, and to recommend the repair and new construction which are necessary. Before a contract is let for the work, it shall be the duty of the engineer to prepare plans and specifications and to make an estimate of the cost thereof and to submit the same to the legislative council. All contracts for such construction, repair, or maintenance shall be let by the engineer with the approval of the legislative council hereinafter created, and no payment, partial or final, for any contract made for such public work shall be authorized except upon the certificate of the engineer that the same is due. All stationery and office supplies and all supplies or merchandise purchased for the use of the provincial and district governments shall be purchased by him upon the order of the legislative council for the use of the provincial and district officers and the Courts of First Instance and other courts of the province. He shall keep a property account, in which he shall charge the provincial and district officers with the furniture or other personal property delivered to them and held or used by them for public purposes, and shall take receipts for all supplies thus delivered to them. Except where otherwise ordered by the Civil Governor, upon the recommendation of the governor of the province, he shall make his purchases of supplies through the Insular Purchasing Agent. In case of a vacancy in the office of the provincial engineer, or if there is any reason why that officer can not perform his duties, the provincial secretary shall be vested with authority to purchase stationery and office supplies for the offices of the province and districts, and in making such purchases and delivering the same he shall keep a property account and take the receipts required herein of the provincial engineer. The engineer shall give such bond and discharge such other duties as may be required by the legislative council.

SEC. 9. The provincial attorney shall be the attorney and legal adviser of the provincial government and of each of its officers and of the legislative council hereinafter constituted and shall, when called upon by the council or by any officer, furnish a written opinion on questions of law arising in the administration of the government. He shall represent the provincial government in all suits brought on its behalf or against it in the courts of the province or in the

courts of any province or district. He shall be the legal adviser of the municipal authorities of any municipality organized in the province and shall, upon request, submit in writing his views upon any question properly arising in the discharge of the public duties of such officers or authorities. He shall exercise supervisory control in the courts in the province over the district fiscals for whose appointment and salaries the legislative council may have provided. The provincial attorney shall, when the public interest requires it, appear to take charge of prosecutions for the government in any court within the province. In cases where the interests of any municipality and of the province are distinct or opposed, he shall act on behalf of the provincial government and the municipality shall be obliged to employ special counsel. The provincial attorney shall discharge his duties under the general supervision of the Attorney General of the Insular Government, and the Attorney General shall represent the provincial government in all suits for or against it which shall come before the Supreme Court, but if the Attorney General deems it necessary, he may require the provincial attorney to assist in the presentation of the cause before the Supreme Court. In every criminal case appealed to the Supreme Court from the Court of First Instance held in the province, the provincial attorney shall forthwith make a report to the Attorney General, explaining the questions of law and fact appearing therein and the conclusions of the court. The provincial attorney shall make an annual report to the Attorney General of the Philippine Islands as to the conditions of public and private litigation in the courts throughout the province, and shall discharge such other duties as may be required by the legislative council.

SEC. 10. Subject to the restrictions contained in this Act or in any law of the legislative council, the provincial superintendent of schools shall exercise the powers granted him by this section. He shall establish schools in every municipality, rancheria, township, or other settlement in the Moro Province where he deems it practicable and useful, and shall reorganize those already established where such reorganization is necessary. He shall fix the salaries of the American and native teachers within the limits established by law. He shall fix a curriculum for primary, industrial, and secondary schools, varying the same for different schools and different localities in accordance with the peculiar conditions prevailing therein. He may create principal teachers in each district who shall discharge the duties of superintendents of the district in his absence in addition to their duties as teachers. He shall supervise the plans for the construction of schoolhouses to be built in the province, whether by the municipalities, the district government, or the provincial government, prescribing the amount of land required in each case and rules of hygiene to be observed in connection with the schools. He shall present requisitions for proper school supplies to the provincial engineer, and such supplies shall be purchased as other supplies, through the Insular Purchasing Agent, whenever proper appropriation has been made or proper authority for the purchase has been given by the legislative council. He shall determine the places in which American teachers shall teach. He shall present, quarterly, to the legislative council a requisition for the appropriation of funds necessary for the maintenance of the schools of the province. On or before January first and July first of each year he shall make a report of his administration for the previous six months to the provincial governor and such special reports as may from time to time be called for by the governor; he shall forward duplicates of all his reports to the provincial governor to the General Superintendent of Education in the Islands. In the regular semiannual reports it shall be the duty of the superintendent to recommend changes in the school law which he deems expedient. He shall exercise general supervision over the entire school system of the province and shall prepare and promulgate rules for the examination and qualification of the applicants for the positions of native teachers and for the guidance of officers and teachers of the department not inconsistent with the school law to be adopted by the legislative council. He shall forward requisitions for such American teachers as he may need to the General Superintendent of Education at Manila, who are to be selected in accordance with the civil-service rules made applicable by law to the selection of teachers after the first of September, nineteen hundred and three. He shall, through such deputy superintendents as he may appoint among the American teachers in each district, by regulation define the school districts for each school which he may establish. As soon as practicable he shall make the English language the basis of the public school instruction, but this shall not prevent the instruction by native teachers in Arabic, Moro, or other

languages of the locality of the school. He shall discharge such other duties as may be required by the legislative council.

SEC. 11. The provincial governor shall receive an annual salary of six thousand dollars and each of the provincial officers shall receive an annual salary of not exceeding four thousand dollars each, in United States currency, to be fixed by the Civil Governor in the appointment and to be approved with the appointment by the Commission. The governors of the districts hereinafter authorized shall receive not exceeding three thousand five hundred dollars annual salary, in United States currency, to be fixed in the case of each district by the legislative council; and the district secretaries and the district treasurers hereinafter authorized shall each receive an annual salary of not exceeding two thousand five hundred dollars, in United States currency, to be fixed for each district by the legislative council. The lieutenant-governor of Dapitan shall receive an annual salary of not exceeding two thousand dollars, in United States currency, to be fixed by the legislative council. In case an officer of the Army is detailed to perform the dtuies of provincial governor, or provincial engineer, or a governor of a district, he shall receive an allowance equal to twenty per centum of his current proper yearly pay as an officer of the Army and the actual and necessary expenses incurred while absent from his station in the performance of his necessary civil duties.

The salaries of all officers and employees of the province and districts shall be payable out of the revenues of the province. The salaries of the officers and employees of such municipalities as may be organized within the province shall be payable out of the treasury of the respective municipalities.

SEC. 12. The governor, the secretary, the treasurer, the engineer, the superintendent of the schools, and the attorney of the province shall constitute the legislative council for the province and shall each have a right to vote therein. The governor shall be the presiding officer of the council, but in his absence the secretary shall preside. The secretary of the province shall be the secretary of the council and shall keep the minutes of the meetings. Four members of the council shall constitute a quorum for legislative action. In case of a tie vote on any proposed enactment, the proposition which shall have received the vote of the governor shall prevail.

The council shall hold regular meetings once every two weeks and such special meetings as may be called by the governor or provided for by resolution of the council.

SEC. 13. It shall be the duty and within the power of the legislative council: (a) To provide, by construction or purchase or sale, suitable offices at the capital of the province for provincial offices and suitable offices for the district officers hereinafter provided for at the capitals of the districts, for court-houses containing rooms suitable for the holding of court and for the officers of the court at every place in the province where a court is held, a provincial jail at the capital of the province, and such district jails at the respective capitals or other places in the district as may seem necessary to the legislative council.

(b) To furnish suitable vaults or safes to the provincial treasurer and to the district treasurers hereinafter authorized in the various districts in which the provincial and other public funds, as long as they shall be in the custody of the provincial treasurer or the district treasurers, shall be kept, except as hereinafter provided.

(c) To order monthly payments of all salaries which by law shall be paid from the provincial treasury and the payment of all lawfully contracted indebtedness by directing the issue of warrants upon the provincial treasurer. Every warrant shall be drawn by the governor and countersigned by the secretary, and shall recite the cause and purpose of drawing the same, the date of the resolution of the legislative council authorizing it, and the page of the minutes of the council's proceedings in which it is recorded.

(d) To provide for the appointment and employment of the necessary subordinate employees under the various provincial and district officers and to fix their salaries, and to adopt rules regulating the hours and employment in the various offices in the province and districts.

(e) To provide a seal for the province.

(f) To provide by law, in its discretion, for the raising of revenue additional to that herein provided, by the imposition of taxes on property, persons, or businesses, by the imposition of excise taxes or stamp taxes, or by any other form of taxation which shall not infringe the restrictions of the Act of Congress entitled "An Act temporarily to provide for the administration of the affairs of

civil government in the Philippine Islands, and for other purposes," and to specify in such laws the beneficiary or beneficiaries of such taxes, whether the provincial government, the district governments, or the municipal governments, and where there is more than one beneficiary the proportion in which such governments shall enjoy the proceeds of the tax, and to provide in such laws the procedure for the collection of the tax, including proceedings for the satisfaction of the tax and penalties out of the goods or property of the delinquent, and, if it is deemed wise, by imprisonment. Until the legislative council shall make other provision, the land tax, the internal-revenue taxes, and the cedula taxes as now enforced in the municipalities organized under the Municipal Code within the Moro Province shall continue in force, and it shall be the duty of the provincial treasurer and the district treasurers to see to their collection, and the proceeds of such taxes shall be distributed between the municipalities and the provincial treasury in the same proportions in which they are distributed under the Municipal Code and the Provincial Government Act with their amendments. The legislative council shall exercise no legislative power to amend either the Customs Administrative Act or the act for the collection of fees for the cutting of wood or the collection of forest products in the public forests of the province, except as provided in paragraph (m) hereof.

(g) To enact laws, in its discretion, for the organization and support of a public-school system, providing therein, if it is deemed wise, for special industrial schools for non-Christians, for the construction and control of school buildings, and for general rules for the instruction of Moros and other non-Christians, and for the levy of a special local school tax for the support of particular schools in particular localities suited to the local conditions. The legislative council shall not be required to pass a uniform school law regulating the primary schools of the entire province, but shall have power to make special provision to meet special requirements in the matter of public education for any particular district or locality.

(h) To enact laws for the creation of local governments among the Moros and other non-Christian tribes, conforming as nearly as possible to the lawful customs of such peoples, and vesting in their local or tribe rulers as nearly as possible the same authority over their people as they now exercise, consistent with the Act of Congress entitled "An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes,' and following as nearly as possible in the provisions of these laws any agreements heretofore made by the United States authorities with such local or tribe rulers concerning the power and privileges which under American sovereignty they are by such agreements to enjoy: Provided, That they have not by their conduct and the breach of the agreements forfeited such powers and privileges.

(i) To enact laws investing the district governors in their respective districts, or other provincial or district officers with the power of adjusting, under the supervision of the provincial governor, all differences between sultans, dattos, and any independent local authorities, and of enforcing their decisions upon such differences.

(j) To enact laws which shall collect and codify the customary laws of the Morows as they now obtain and are enforced in the various parts of the Moro Province among the Moros, modifying such laws as the legislative council think best and amending them as they may be inconsistent with the provisions of the Act of Congress entitled "An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," and to provide for the printing of such codification, when completed, in English, Arabic, or the local Moro dialects as may be deemed wise. The Moro customary laws thus amended and codified shall apply in all civil and criminal actions arising between Moros. In all civil and criminal actions arising between members of the same non-Christian tribe other than Moros, unless otherwise provided by the legislative council, the customary laws of such non-Christian tribe, if consistent with the Act of Congress above mentioned and if defined and well understood, shall govern the decision of the cause arising, but if there be no well-defined customary laws or they are in conflict with such Act of Congress then the cases shall be determined by the criminal or civil code according to the laws of the Philippine Islands until the legislative council shall make other provision. In actions, civil or criminal, arising between a Moro and a member of a non-Christian tribe, or between a Moro and a Christian Filipino, or an American or a subject or citizen of a foreign country, the Criminal Code and the substantive civil law of the Philippine Islands shall apply and be enforced.