UC-NRLF GIFT OF THE MILITARY LAWS OF THE UNITED STATES 19I5 FIFTH EDITION WASHINGTON GOVERNMENT PRINTING OFFICE 1913 WAR DEPARTMENT, Document No. 472. OFFICE OF THE JUDGE ADVOCATE GENERAL. WAR DEPARTMENT, OFFICE OF THE CHIEF OF STAFF, June 9, 1914. The following military laws of the United States, revised and corrected to June 1, 1914, under the supervision of Brig. Gen. E. H. Crowder, Judge Advocate General of the Army, are approved and published for the information and government of the Eegular and Volunteer Armies and the Organized Mitilia. By Order of the Secretary of War : (Signed) W. W. WOTHERSPOON, Major General, Chief of Staff. 3 308475 PEEFACE. This compilation contains all the permanent laws of the United States directly affecting the War Department, the Regular Army, the Volunteers, and the Militia, including the legislation enacted by the 63d Congress, which adjourned March 4, 1915. As originally prepared and submitted to the Public Printer, it embraced all legislation enacted prior to June 1, 1914, and was set up in that form. The publication was delayed, and it became neces- sary to include legislation enacted after that date, during the remainder of the second session and also during the third session of that Congress. This later legislation will be found in the supple- ment. The numerical designations of paragraphs in the supplement correspond to those of related paragraphs in the original text, being distinguished for the purpose of citation by a letter added to the paragraph number, thus following the style of previous compilations. It has not been found practicable to include, as in prior editions, all the laws directly affecting the civil administration under the War Department, nor to include certain laws indirectly affecting the administration of the department and the military establishment without expanding the volume to an inconvenient size. Accordingly only such laws of this character as are frequently consulted at the War Department and other military headquarters have been retained and the others have been eliminated, citations to the latter being placed in a table of related statutes. The references in this list will enable any searcher for a statute to pass readily to the section of the Revised Statutes or the volume and page of the Statutes at Large where the act is to be found. As a further aid to ready reference, there has been inserted a table which will enable one to pass from a particular paragraph of this compilation to the corresponding provisions of the Revised Statutes and the Statutes at Large. E. H. CROWDER, Judge Advocate General. March 18, 1915. 4 TABLE OF CONTENTS. Page. Chapter I. The President 7 Executive departments in general 15 The Department of War 51 IV. Provisions applicable to several classes of officers 57 V. The Treasury Department The accounting officers 63 VI. Postal laws 97 VII. The Department of Justice Habeas corpus The Court of Claims, etc 101 VIII. The Department of the Navy The Marine Corps 119 IX. The Revised Statutes The Statutes at Large The Army Regu- lations The Army Register 121 X. The Military Establishment General provisions of organization.. 133 XI. General officers and aids 141 XII. Rank and command Tactical and territorial organizations 143 XIII. The General Staff Corps 149 XIV. The staff departments General provisions Disbursing officers... 153 XV. The Adjutant General's Department 177 XVI. The Inspector General's Department 189 The Judge Advocate General's Department Military prisons 193 XVIII. The Quartermaster Corps 201 XIX. The Medical Department 285 XX. The Corps of Engineers 303 XXI. The Ordnance Department Armories and arsenals Board of Ordnance and Fortification 311 XXII. The Signal Corps 331 XXIII. Chaplains 339 XXIV. Commissioned officers 342 XXV. Brevets Uniform and title of ex-officers Medals of honor Cer- tificates of merit Foreign decorations 369 OCXVI. Enlisted men 377 XXVII. The troops of the line Troops, batteries, companies 393 XXVIII. The United States Military Academy The Army War College The Service Schools 405 XXIX. Contracts and purchases 431 XXX. Public property 465 XXXI. The Militia 491 XXXII. Volunteers 513 XXXIII. Indians Indian agents Indian country 521 %/^CXXI V. The employment of military force 529 XXXV. Pension laws 555 XXXVI. The Soldiers' Home " 565 XXXVII. Care of the insane 573 XXXVIII. Flag and seal of the United States 575 XXXIX. The Articles of War 579 Supplement 617 Table of Related Statutes 653 Table of Statutes at Large and Revised Statutes 641 Index 699 CHAPTER I. THE PRESIDENT. Par. The Executive power 1 Commander in Chief Cabinet Pardoning power 2 Term of office 3 Succession of Vice President 4 Succession of Cabinet officer 5 Same Limitations 6 Par. Treaties Appointment of officers. . . 7 Recess appointments 8 Commissions 9 "Notification of appointments 10 Notification of rejections and con- firmations 11 Details of clerks to Executive Office. 12 1. The executive power. The executive power * shall be vested in a President of the United States of America. He shall hold his office during the term of four years. * * * Constitution, Art. 77, sec. 1. 2. Commander in Chief Cabinet Pardoning power. The Presi- dent shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States; 2 he may require the 1 The Executive Power. The executive power is vested in a President, and, as far as his powers are derived from the Constitution, he is beyond the reach of any other Department, except in the mode prescribed by the Constitution through the impeaching power. (Kendall v. U. S., 12 Pet., 524, 610; Marbury v. Madison, 1 Cranch, 137, 166.) Execution of the laws. The President is required to see that the laws are faithfully executed, but he is not obliged to execute them himself. (IV Opin. Att. Gen., 515; Williams v. U. S., 12 Pet, 524, 610.) The President speaks and acts through the heads of the several Departments in relation to subjects which appertain to their respective duties. (Wilcox v. Jackson, 13 Pet., 498, 513; Wolsey v. Chapman, 101 IT. S., 755; Runlde v. U. S., 122 U. S., 543, 557.) As a general rule, the direction of the President is presumed in all instructions and orders issuing from" the competent Department. (VII Opin. Att. Gen., 453.) In a matter which the law confides to the pure discretion of the Executive, the decision of the President, or proper head of Department, on any question of fact involved is conclusive, and is not subject to review by any other authority in the United States. (VI Opin. Att. Gen., 226 Marbury v. Madison, 1 Cr., 137, 166.) The President can not be restrained by injunction from executing a law of Congress. (Mississippi v. Johnson, 4 Wall., 475; Bates v. Taylor, 11 S. W. Rep., 266.) 2 Powers as Commander in Chief. As Commander in Chief he is authorized to direct the movements of the land and naval forces placed by law at his com- mand, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy. He may invade the hostile country and subject it to the sovereignty and authority of the United States. But his con- quests do not enlarge the boundaries of this Union, nor extend the operations of our institutions and laws beyond the limits before assigned to them by the legislative power. (Fleming v. Page, 9 How., 603. 615.) The power of com- mand and control reserved by the Crown was placed by the Constitution in the 8 MILITARY LAWS OF THE UNITED STATES. opinion, in writing, of the principal officer in each of the Executive Departments upon any subject relating to the duties of their respec- tice offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeach- ment. 1 Constitution^ Art. II, sec. 2. 3. Term of office. The term of four years for which a President and Vice-President shall be elected shall in all cases commence on the 4th day of March next succeeding the day on which the votes of the electors have been given. Sec. 15%, R. S. 4. Succession of Vice President. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall hands of the President. (Street v. U. S., 24 Ct Cls., 230; 25, id., 515, 113, U. S., 299. See also, the chapter entitled The Employment of Military Force.) May form military governments in occupied territory. As an incident of the exercise of belligerent rights, the President may form military and civil gov- ernments in the territory of the enemy occupied by the armies of the United States. (Cross v. Harrison, 16 How., 164, 190, 193. The Grapeshot, 19 Wall., 129, 132.) He may also institute temporary governments within insurgent districts occupied by the national forces. (Texas v. White. 7 Wall., 700, 730.) May establish courts in occupied territory Limitation. The courts estab- lished or sanctioned in Mexico during the War by the commanders of the United States forces were nothing more than the agents of the military power, to assist it in preserving order in the conquered territory and to protect the inhabitants in their persons and property while it was occupied by the Ameri- can armies. They, were subject to the military power, and their decisions were under its control whenever the commanding officer thought proper to interfere. Neither the President nor any military officer can establish a court in a con- quered country and authorize it to decide upon the rights of the United States, or of individuals in prize cases, nor to administer the laws of nations. ( Jecker v. Montgomery, 13 How., 498, 515. The Grapeshot, 9 Wall., 129, 132.) For authority to employ secret agents in time of war, see Totten v. U. S., 92 U. S., 105, 107. For powers and duties of the Executive in connection with the Army, the Militia, and the Army Regulations, etc., see the chapters so entitled. The constitutional power of the President to command the Army and Navy, and of Congress " to make rules for the government and regulation of the land and naval forces " are distinct ; the President can not, by military orders, evade the legislative regulations; Congress can not, by rules and regulations, impair the authority of the President as Commander in Chief. (Swaim v. U. S., 28 Ct. Cls., 173.) When a law is passed for the regulation of the Army which does not impair the efficiency of the President as Commander in Chief, he becomes, as to that law, an executive officer, and is limited in the discharge of his duties by the statute. (McBlair v. U. S., 19 id., 528.) 1 The pardoning power. A pardon is an act of grace proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. It is the private though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communi- cated officially to the court. (U. S. v. Wilson, 7 Pet., 150, 161; Coke, 3d Inst, 233.) The power which the Constitution confers upon the President to grant pardons can not be controlled or limited, in any manner, by Congress. (Ex parte Garland, 4 Wall., 333, 380; U. S. v. Klein. 13 Wall., 128, 147; IV Opin. Att Gen., 458; 19 id., 476.) Delivery and acceptance. The pardon is a private though official act. It is official in that it is the act of the Executive; it is private in that it is delivered to the individual and not to the court. It must be pleaded, or brought officially to the knowledge of the court, in order that the court may give it effect in any given case. There is nothing peculiar in it to distinguish it from other acts. MILITARY LAWS OF THE UNITED STATES. 9 devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the dis- ability be removed, or a President shall be elected. Constitution, Art. 77, sec. 1, par. 5. 5. Succession of Cabinet Officers. In case of removal, death, resignation, or inability of both the President and Vice-President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation, or inability, then the Secre- tary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if It is a deed to the validity of which delivery is essential, and the delivery is not complete without acceptance. It may be rejected by the person to whom it is tendered, and, if rejected, there is no power in the court to force it upon the individual. (U. S. v. Wilson, 7 Pet, 150.) Effects. Subject to exceptions therein provided, a pardon by the President restores to its recipient all rights of property lost by the offense pardoned, unless the property has, by judicial process, become vested in other persons. (Osborn v. U. S., 91 U. S., 474; V Opin. Att Gen., 532.) Power to mitigate and commute. The President may, by an exercise of the pardoning power, mitigate or commute a punishment imposed by any court of the United States. (Ex parte Wells, 18 How., 307; In re Ross, 140 U. S., 453.) In mitigating the sentence of a naval court-martial the President may substi- tute a suspension for a term of years without pay for an absolute dismissal from the service, as suspension is but an inferior degree of the same punish- ment. (I Opin. Att. Gen., 433.) Conditional pardons. The language of the Constitution is such that the power of the President to pardon conditionally is not one of inference, but is conferred in terms, the language being " to grant reprieves and pardons," which includes absolute as well as conditional pardons. Under this power the Presi- dent can grant a conditional pardon to a person under sentence of death, offer- ing to commute that punishment into an imprisonment for life. If this is accepted by the convict he has no right to contend that the pardon is absolute and the condition of it void. (Ex parte Wells, 18 How., 307; Osborn v. U. S., 91 U. S., 474; U. S. v. Wilson, 7 Pet., 150.) When a pardon is granted with conditions annexed the conditions must be performed before the pardon is of any effect. (Waring v. U. S., 7 Ct. Cls., 501.) One who claims the benefit of a pardon must be held to strict compliance with its conditions. (Haym v. U. S., 7, Ct. Cls., 443; Scott v. U. S., 8 id., 457.) The condition annexed to a pardon must not be impossible, unusual, or illegal ; but it may, with the consent of the prisoner, be any punishment recognized by the statutes or by the common law as enforced by the State. (Lee v. Murphy, 22 Grat. (Va.), 789.) Time of exercise. The President of the United States has the conditional power to pardon as well before trial and conviction as afterwards; but it is a power only to be exercised with reserve and for exceptional considerations. (VI Opin. Att. Gen., 20; 1 id., 341; 2 id., 275; 5 id., 687; Ex parte Garland, 4 Wall., 333; Dominick v. Davidson, 44 Ga., 457; 5 Blair v. Com., 25 Grat. (Va.), 850.) It is competent for the President to grant a pardon after the expiration of the term of sentence, thereby relieving from consequential dis- abilities. (Stetler's case, 1 Phil., IX, 38; Com. v. Bush, 2 Duv. (Ky.), 264.) The loss of rights of citizenship does not attach to those deserting the mili- tary or naval service in time of peace, after August 22, 1912. (37 Stat. 356.) For this act see page 1052. Limitation upon the pardoning power. The Constitution gives to Congress the power to dispose of the public property and to the President only the power to pardon crimes; and the President, having no title to forfeited property, can not restore it, though he may pardon the offense which caused the forfeiture. Property confiscated by judgment to the United States is beyond 10 MILITARY LAWS OF THE UNITED STATES. there be none, or in case of his removal, death, resignation, or in- ability, then the Attorney-General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster- General, or if there be none, or in case of his removal, death, resig- nation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as President until the dis- ability of the President or Vice-President is removed or a President shall be elected : Provided, That whenever the powers and duties of the office of President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days the reach of executive clemency and is absolutely national property. The President has no right to dispose of that which belongs to the Nation. (Knote v. U. S., 10 Ct. Cls., 397, 406 ; 95 U. S., 149-157 ; U. S. v. Six Lots of Ground, 1 Woods, 234; Osborn v. U. S., 91 U. S., 474, 477.) Pleading. A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. * * * The pardon may possibly apply to a different person or to a different crime. It may be absolute or conditional. It may be controverted by the prosecutor and must be expounded by the court. These circumstances combine to show that this, like any other deed, ought to be brought before the court by plea, motion, or other- wise. (U. S. v. Wilson, 7 Pet., 150, 161; Ex parte Reno, 66 Mo., 266.) The recital of a specific, distinct offense, in a pardon by the President, limits its operation to that offense, and such pardon does not embrace any other offense for which separate penalties and punishments are provided, (Ex parte Weimer, 8 Biss., C. Ct., 321.) The conviction having been of two offenses, and the pardon reciting only one, the pardon operates upon the offense recited. (State v. Foley, 15 Nev., 64.) Appointments to office. Appointments provided for by act of Congress, merely in general terms, must be made by and with the advice and consent of the Senate. (VI Opin. Att. Gen., 1.) When a person has been nominated to an office by the President, confirmed by the Senate, and his commission has been signed by the President, and the seal of the United States affixed thereto, his appointment to that office is complete. Congress may provide * * * that certain acts shall be done by the appointee before he shall enter on. the possession of the office under the appointment. These acts then become con- ditions precedent to the complete investiture of the office; but they are to be performed by the appointee, not by the Executive; all that the Executive can do to invest the person with his office has been completed when the commis- sion has been signed and sealed, and when the person has performed the re- quired condition, his title to enter on the possession of the office is also com- plete. (U. S. v. Le Baron, 19 How., 73, 78; U. S. v. Stewart, id. 79; Marbnry v. Madison, 1 Cranch, 137.) Powers of officers. All the officers of the Government, from the highest to the lowest, are but agents with delegated powers, and if they act beyond the scope of their delegated powers their acts do not bind the principal. (U. S. v. Maxwell Grant, 21 Fed. Rep., 19.) An officer can only bind the Government by acts which come within a just exercise of his official power. (Hunter v. U. S.,.5 Pet, 173, 178; The Floyd Acceptances, 7 Wall., 666; State v. Hastings, 12 Wis., 596.) It is a question of law for the court whether an act is a part of the official duty of a public officer. (U. S. v. Buchanan, 8 How., 83.) Every public officer is required to perform all duties which are strictly official, al- though they may be required by laws passed after he comes into office, and may be cumulative upon his original duties, and although his compensation therefor be wholly inadequate. In such case he must look to the bounty of Congress for any additional reward. (Andrews v. U. S., 2 Story, 202.) An officer is bound to use that care and diligence in the discharge of his duties that a con- scientious and prudent man, acting under a just sense of his obligations, would exercise under the circumstances of a particular case, and if he fails and neg- lects to do so he is culpable. (U. S. v. Baldridge, 11 Fed. Rep., 552.) MILITARY LAWS OF THE UNITED STATES. 11 thereafter, it shall be the duty of the person upon whom said powers and duties shall deA r olve to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting. Sec. 1, Act of Jan. 19, 1886 ($4 Stat. 1). 6. Same Limitations. The preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitu- tion, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. Sec. 0, id. Presumptions as to official acts. TJie acts of an officer to whom a public duty is assigned, within the sphere of that duty, are prima facie within his power. (U. S. v. Arredondo, 6 Pet., 691; U. S. v. Clarke, 8 id., 436, 452; Perche- man v. U. S., 7 id., 51 ; Delassus v. U. S., 9 id., 117, 134 ; Strother v. Lucas, 12 id., 410, 438; U. S. v. Peralta, 19 How., 343, 347.) When a particular function- ary is clothed with the duty of deciding a certain question of fact, his decision, in the absence of fraud, is conclusive. (Logan v. The County, 16 Wall., 6.) He who alleges that an officer intrusted with important duty has violated his instructions must show it. The courts ought to require very full proof that an officer has transcended his powers before they so determine. (U. S. v. Peralta, 19 How., 343, 347; Delassus v. U. S., 9 Pet., 117, 134.) When a public officer is to do any act on proof of certain facts, of the competency and sufficiency of which he is to judge, it is to be presumed, from the doing of the act, that the proof was regularly and satisfactorily made, and its sufficiency is not subject to reexamination. (Phil, and Tren. R. R. Co. v. Stimpson, 14 Pet., 448.) Tenure. The power to appoint includes the power to remove, when the Con- stitution has not otherwise provided, and when the laws of Congress have not fixed a tenure of office. ( Ex parte Hennen, 13 Pet., 230 ; Parsons v. U. S., 167 U. S., 324; U. S. v. Avery, Deady, 204.) When Congress, by law, vests th$ appointment of inferior officers in the heads of departments, it may limit and restrict the power of removal as it deems best for the public interests. (U. S. v. Perkins, 116 U. S., 483.) Resignation. That a public office may be vacated by resignation is estab- lished by long and familiar practice, and is recognized by express provision of law. Nor can there be any doubt that a resignation may be effected by the con- currence of the officer and the appointing power; its essential elements are an intent to resign on the one side and an acceptance on the other. It may be either in writing or by parol, expressly or by implication. To perfect a resig* nation nothing more is necessary than that the proper authority manifest in some way its acceptance of the offer to resign. It then becomes effectual, and operates to relieve the incumbent either immediately or on the day specially fixed according to its terms. An offer to resign is revocable prior to accept- ance; after acceptance and before it has taken effect it may be modified, or withdrawn by consent of both parties, but this control extends no further. When a resignation once takes effect the official relations of the incumbent are ipso facto dissolved; he has no longer any right to, or hold upon, the office. (XIV Opin. Att. Gen., 259.) Removal. In the absence of all constitutional provision or statutory regula- tion, it would seem to be a sound and necessary rule to consider the power of removal as incident to the power of appointment. (In re Hennen, 13 Pet., 230, 259.) It was the purpose of Congress, in the repeal of the tenure of office sec- tions of the Revised Statutes (sees. 1767-1775, Rev. Stat., repealed by act of Mar. 3, 1887, 24 Stat., 500), to again concede to the President the power of removal, if taken from him by the original tenure-of-office act, and, by reason of the repeal, to thereby enable him to remove an officer when in his discretion he regards it for the public good, although the term of office may have been limited by the words of the statute creating the office. (Parsons v. U. S., 167 U. S., 324. See, also, ninety-ninth article of war, sees. 1230, 1228, Rev. Stat., and articles 36 and 37 of articles for the government of the Navy ; VI Opin. Att. Gen., 4 ; XII, id., 421 ; XV, id., 421 ; IV Cmp. Dec., 58, 466, 601, and Blake v. U. S., 103 U. S., 227.) 12 MILITARY LAWS OF THE UNITED STATES. 7. Treaties Appointment of officers. He shall have power, by and with the advice and consent of the Senate, to make treaties, pro- vided two-thirds of the Senators present concur ; and he shall nomi- nate, and by and with the advice and censent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of Depart- ments. 1 Constitution, Art. //, sec. 2, par. 2. 8. Recess appointments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Id. par. 3. 9. Commissions. The President is authorized to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointments have been advised and consented to by the Senate. 2 Sec. 1773, R. S. 10. Notification of appointments. Whenever the President, with- out the advice and consent of the Senate, designates, authorizes, or employs any person to perform the duties of any office, he shall forth- with notify the Secretary of the Treasury thereof, and the Secretary of the Treasury shall thereupon communicate such notice to all the proper accounting and disbursing officers of his Department. Sec. 1774, R- S. 11. Notification of rejections and confirmations. The Secretary of the Senate shall, at the close of each session thereof, deliver to the Secretary of the Treasury, and to each of the Assistant Secretaries 1 Public office. An office is a public station, or employment, conferred by the appointment of Government. The term embraces the ideas of tenure, emolument, and duties. * * * The duties are continuing and permanent, not occasional and transitory, and are denned by rules prescribed by Govern- ment and not by contract. * * * A Government office is different from a Government contract. The latter, from its nature, is necessarily limited in its duration and specific in its objects. The terms agreed upon define the rights and obligations of both parties, and neither may depart from them without the assent of the other. (U. S. v. Hartwell, 6 Wall., 3S5, 394; U. S. v. Maurice, 2 Brockenbrough, 103.) A public officer is the incumbent of an office "who exer- cises continuously, and as a part of the regular and permanent administration of the Government, its public powers, trusts, and duties." (Sheboygan Co. v. Parker, 3 Wall., 93, 96.) Unless a person in the service of the Government holds his place by virtue of an appointment by the President, or of one of the courts of justice or heads of departments authorized by law to make such an appointment, he is not, strictly speaking, an officer of the United States. (U. S. v. Mouat, 124 U. S., 303, 307; U. S. 'v. Germaine, 99 U. S., 508, 510: TJ S. v. Hendee, 124 U. S., 309; U. S. v. Smith, 124 U. S., 525.) Noncommis- sioned officers are not officers in the sense in which that term is generally used. (Babbitt v. U. S., 16 Ct. Cls., 202.) 2 For statutory requirements in respect to commissions to military officers see chapter entitled Commissioned officers. MILITARY LAWS OF THE UNITED STATES. 13 of the Treasury, and to each of the Auditors, and to each of the Comptrollers in the Treasury, and to the Treasurer, and to the Reg- ister of the Treasury, a full and complete list, duly certified, of all the persons who have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nomi- nations have been made and not confirmed and filled at such session. Sec. 1775, R. S. 12. Details of clerks to Executive Office.. Employees of the Execu- tive Departments and other establishments of the executive branch of the Government may be detailed from time to time to the office of the President of the United States, for such temporary assistance as may be necessary. Act of June 88, W07 (34 Stat. 401). CHAPTER II. EXECUTIVE DEPARTMENTS IN GENERAL. Par. Temporary vacancies 13-18 Temporary head of department . . 13 Temporary chief of bureau 14 Same designation by President. 15 Restriction on temporary ap- pointments 16 Same 17 Same extra compensation not allowed 18 Departmental regulations 19 Chief clerks disbursing clerks 20-24 Duties of chief clerks 20 Same monthly reports 21 Action on report 22 Disbursing clerks appointments and bonds 23 Same bond to cover acts of dis- bursing clerks 24 Clerks appointment, promotion, re- duction, and removal 25-42 Authority to employ 25 Same appointment of women . . 26 Same restrictions 27 Same from specific appropria- tions only 28 Details for duty in the District of Columbia 29 Same 30 Same 31 Same penalty 32 Details from Government Print- ing Office 33 Details within a department 34 Transfers lump-sum appropria- tions 35 Transfers between departments. 36 Voluntary service 37 Civil pension roll 38 Payments to incapacitated per- sons 39 Efficiency ratings promotions, reductions or removals... , 40 Par. Clerks Continued . Retention of discharged soldiers, sailors, etc 41 Removal on charges 42 ^Classification salaries and extra com- pensation 43-47 Four classes of clerks 43 Salaries 44 Same temporary clerks 45 Compensation for extra services. 45 Same for performing duty of another 47 Hours of labor 48-49 Not less than seven hours ex- tension 48 Extension if work is in arrears. . 49 Leaves of absence 50-52 Annual and sick 50 Same 51 Same Sundays and holidays ... 52 Legal holidays 53-56 Holidays in District of Columbia . 53 Holidays with pay per diem employees 54 Same Decoration Day 55 Same Labor Day 56 Administration of oaths 57-65 Oaths of office without com- pensation 57 Same 58 O a th o f o flic e 59 Same 60 Same 61 Who may administer oath 62 Administration of oaths 63 Oaths in investigation 64 Oaths to travel accounts 65 Compensation for injuries 66-72 Pay during disability limit 66 In case of death, payable to wid- ow, etc 67 Evidence by beneficiaries 68 15 16 MILITARY LAWS OF THE UNITED STATES. Par. Compensation for injuries Contd. Not payable to assignees or cred- itors 69 Medical examination 70 Reports regarding accidents 71 Contract for exemption invalid . . 72 Contingent funds 73-80 Purchases from contingent fund. 73 Use for official and clerical com- pensation 74 Apportionment of contingent funds 75 Expenditure for newspapers 76 Same 77 Law books, books of reference, etc 78 Annual report of expenditures . . 79 Same 80 Expenditures expressly forbidden. 81-85 Membership fees, etc 81 Carriages or other vehicles 82 Telephone service 83 Transportation of remains of de- ceased employees 84 Distribution of publications 85 Estimates 86-103 Annual estimates book of esti- mates 86 Same date of submission 87 Statement of outstanding ap- propriations 88 Explanation of variation from current appropriations 89 Order and arrangement 90 Special or additional estimates. . 91 Estimates for deficiencies 92 Manner of preparing 93 Printing and binding 94 Salaries 95 Lump-sum appropriation 96 Public works 97 River and harbor works 98 Statement of rented buildings. . . 99 Statement of proceeds of sales. . . 100 Same, and other receipts ]01 Report on condition of business. 102 Report of inefficient employees . . 103 Annual reports 104-107 Time of making 104 Clerks employed 105 When furnished printer 106 Exclusion of certain matters 107 Par. Other reports 108-] 10 Condition of business 108 Inventories of property 109 Penalty for failure to make 110 The official register Ill Printing and binding 112-117 Blank books and forms 112 Books and documents restric- tions 113 Appropriations chargeable 114 Same 115 Illustrations 116 Number of copies two or more editions 117 Miscellaneous provisions 118-128 Rented buildings in District of Columbia 118 Future leases in District of Co- lumbia 119 Same renting other buildings . . 120 Recording clocks prohibited 121 Draping public buildings 122 Closing departments on death of ex official 123 Books, etc., of disbursing officers accessible to accounting of- ficers 124 Department libraries deposito- ries of public documents 125 Postage stamps for official use. . . 126 Telegraph connecting Capitol and executive departments 127 Same restrictions 128 Destruction, forgery, etc., of public records 129-131 Destroying, etc., public records. 129 Same by custodian 130 Forging, etc., public records 131 Disposition of useless papers 132-133 Report to Congress sale 132 Same 133 Claims, consideration of evi- dence 134-140 Subpoenas depositions 134 Witness fees 135 Compelling testimony 136 Professional assistance 137 Prosecution of claims by ex employees 138 Evidence furnished to Court of Claims 139 Employment of legal services. . . 140 MILITARY LAWS OF THE UNITED STATES. 17 13. Temporary head of department. In case of the death, resigna- tion, absence, or sickness of the head of any Department, the first or sole assistant thereof shall, unless otherwise directed by the Presi- dent, as provided by section one hundred and seventy-nine, 1 perform the duties of such head until a successor is appointed, or such ab- sence or sickness shall cease. Sec. 177, R. S. 14. Temporary chief of bureau. In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Depart- ment, the assistant or deputy of such chief 2 or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless other- wise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. Sec. 178, R. S. 15. Same Designation ~by President. In any of the cases men- tioned in the two preceding sections, except the death, resignation, absence, or sickness of the Attorney- General, the President may, in his discretion, authorize and direct the head of any other Depart- ment or any other officer in either Department whose appointment is vested in the President, by and with the advice and consent of the Seriate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease. 8 Sec. 179, R. S. 16. Restriction on temporary appointments. A vacancy occa- sioned by death or resignation must not be temporarily filled under the three preceding sections for a longer period than thirty days. Sec. 180, R. S., as amended ly Act of Feb. 6, 1891 (26 Stat. 733}. 17. Same. No temporar}^ appointment, designation, or assign- ment of one officer to perform the duties of another, in the cases cov- ered by sections one hundred and seventy-seven and one hundred and seventy-eight, 4 shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. Sec. 181, R. S. 18. Same Extra compensation not allowed. An officer perform- ing the duties of another office, during a vacancy, as authorized by sections one hundred and seventy-seven, one hundred and seventy- eight [Rev. Stat.], and one hundred and seventy-nine [id.], is not by reason thereof entitled to an} 7 other compensation than that attached to his proper office. Sec. 182, R. S. 1 Section 179, Revised Statutes, paragraph 15, post. 2 See XIX Opin. Att. Gen., 503. 8 Sections 177 and 178, Revised Statutes, paragraphs 13 and 14, ante. The vacancy occasioned by the retirement of the head of a staff department may be temporarily filled by an ad interim appointment, under the authority con- ferred by section 179, Revised Statutes. (XIX Opin. Att. Gen., 500.) * Sections 177 and 178, Revised Statutes, paragraphs 13 and 14, ante. 48985 15 2 18 MILITARY LAWS OF THE UNITED STATES. 19. Departmental regulations. The head of each Department is authorized to prescribe regulations, not inconsistent with law, for the government of his Department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. 1 Sec. 161, R. S. 20. Duties of chief clerks. Each chief clerk in the several Depart- ments, and Bureaus, and other offices connected with the Depart- ments, shall supervise, under the direction of his immediate superior, the duties of the other clerks therein, and see that they are faithfully performed. Sec. 173, R. 8. 21. Same Monthly reports. Each chief clerk shall take -care, from time to time, that the duties of the other clerks are distributed with equality and uniformity, according to the nature of the case. 1 Tlie President speaks and acts through the heads of the several Executive Departments in relation to subjects which appertain to their respective duties. (Wilcox v. Jackson, 13 Pet., 498, 513; Wolsey v. Chapman, 101 U. S., 755.) It is the general theory of departmental administration that the heads of the Executive Departments are the executors of the will of the President. (X Opin. Att. Gen., 527.) As a general rule the direction of the President is to be presumed in all instructions and orders issuing from the competent Depart- ment. (VII id., 453.) Official instructions issued by the heads of the several Executive Departments, civil and military, within their respective jurisdic- tions, are valid and lawful, without containing express reference to the direc- tion of the President. (VII id., 453.) The duties of the heads of the several Executive Departments are derived, in part, from the Constitution, and are, in part, imposed by statute. In the execution of the former they act as the representatives of the President, to whom they are responsible for their correct performance. For duties imposed by statute their responsibility is to the legis- lature, and they are controlled in all matters relating to performance by such statutory rules and regulations as Congress may see fit to impose. (See Mar- bury v. Madison, 1 Cr., 137, and par. 1, note 1.) The executive power is vested in a President, and so far as his powers are derived from the Constitution he is beyond the reach of any other Department, except in the mode prescribed by the Constitution through the impeaching power, but it by no means follows that every officer in every branch of that Department is under the exclusive direction of the President. * * * There are certain political duties imposed upon many officers in the Executive Depart- ment the discharge of which is under the direction of the President, but it would be an alarming doctrine that Congress can not impose upon any execu- tive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the Constitution, and in such cases the duty and responsibility grow out of and are subject to the control of the law and not to the direction of the President, and this is emphatically the case where the duty is of a ministerial character. (Kendall v. U. S., 12 Pet., 524, 610. See, also, the title Army Regulations in the chapter entitled The Revised Statutes; The Statutes at Large; The Army Regulations.) Ministerial and discretionary duties. The duties performed by the heads of the several Executive Departments are either ministerial or discretionary or quasi judicial in character. " The question whether the legality of an act of the head of a Department be examinable in a court of justice or not must always depend on the nature of the act. By the Constitution of the United States the President is invested with certain important political powers in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character and to his own conscience. To aid him in the performance of these duties he is authorized to appoint certain officers, who act by his authority and in conformity to his orders. In such cases their acts are his acts, and whatever opinion may be entertained of the manner MILITARY LAWS OF THE UNITED STATES. 19 He shall revise such distribution from time to time, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch of business. Sec. 174, R. S. 22. Action on report. Each head of a Department, chief of a Bureau, or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the preceding sec- tion, examine the facts stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrange- ment or dispatch of business disclosed by such report. Sec. 175, R.S. in which Executive discretion may be used, still there exists and can exist no power to control their discretion. The subjects are political. They respect the nation, not individual rights, and being intrusted to the Executive, the decision of the Executive is conclusive. * * * The conclusion is that where the heads of Departments are the political or confidential agents of the Executive, merely to execute the will of the President, nothing can be more perfectly clear than that their acts are only politically examinable. (Marbury v. Madi- son, 1 t!r., 137, 166 ; Kendall v. U. S., 12 Pet, 524, 611 ; Decatur v. Paulding, 14 Pet, 497, 515.) We are not aware of any case in England or this country in which it has been held that a public officer, acting to the best of his judg- ment and from a sense of duty, in a matter of account with an individual, has been held liable for an error of judgment * * * A public officer is not liable to an action if he falls into error in a case where the act to be done is not merely a ministerial one but is one in relation to which it is his duty to exercise judgment and discretion, even though an individual may suffer by his mistake. A contrary principle would indeed be pregnant with the greatest mischiefs. (Kendall v. Stokes, 3 How., 87, 98; Gould v. Hammond, 1 McAll., 235, 243; Noble v. Union River Logging Co., 147 U. S., 165, 171.) A ministerial duty the performance of which may in proper cases be required of the head of a Department by judicial process is one in respect to which nothing is left to discretion. It is a simple, definite duty, arising under con- ditions admitted or proved to exist and imposed by law. (Mississippi v. Johnson, 4 Wall., 475, 498; Marbury v. Madison, 1 Cr., 137; Kendall v. Stock- ton, 12 Pet., 524.) As a mandamus can only be granted because there is no other adequate remedy at law, an action for damages can not be afterwards sustained for the same cause of action, the two being inconsistent. (Kendall v. Stokes, 3 How., 87, 102.) Liability for damages. The executive officers of the United States are per- sonally liable at law for damages, in the ordinary forms of action, for illegal official or ministerial acts or omissions to the injury of an individual. (Mar- bury v. Madison, 1 Cr., 137, 166; Gaines v. Thompson, 7 Wall., 347; Amy v. The Supervisors, 11 Wall., 136, 137, 166.) Where a ministerial officer acts in good faith he is not liable in exemplary damages for an injury done, but he can claim no further exemption -.vhere his acts are clearly against the law. (Tracy v. Swartwout, 10 Pet., SO.) Measure of damages. Where the law requires absolutely a ministerial act to be done by a public officer, and he neglects or refuses to do such act, he may be compelled to respond in damages to the extent of the injury arising from his conduct A mistake as to his duty and honest intentions will not excuse the offender. (Amy v. The Supervisors, 11 Wall., 136.) Where an action is brought for an injury done in the discharge of an official duty, the damages are measured generally by the extent of that injury. (Bisphain v. Taylor, 2 McLean, 408; Pierce v. Strickland, 2 Story, 292.) 20 MILITARY LAWS OF THE UNITED STATES. 23. Disbursing clerks Appointments and bonds. The disbursing clerks authorized by law in the several Departments shall be ap- pointed by the heads of the respective Departments, from clerks of the fourth class ; and shall each give a bond to the United States for the faithful discharge of the duties of his office according to law in such amount as shall be directed by the Secretary of the Treasury, and with sureties to the satisfaction of the Solicitor of the Treasury ; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except the disbursing clerk of the Treasury De- partment, must, when directed so to do by the head of the Depart- ment, superintend the building occupied by his Department. Each disbursing clerk is entitled to receive, in compensation for his services in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thou- sand dollars a year. Sec. 176, R. S. 24. Same Bond to cover acts of disbursing clerks. In case of the sickness or unavoidable absence of any disbursing clerk or dis- bursing agent of any executive department, independent bureau, or office, in Washington, District of Columbia, he may, with the ap- proval of the head of the department, independent bureau, or- office, in which said disbursing clerk or agent is employed, authorize the clerk of highest grade employed therein to act in his place, and to discharge all the duties by law or regulations of such disbursing clerk or agent. The official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases. Such acting officer shall, moreover, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct in like cases, of the disbursing clerk or disbursing agent, respectively, for whom he acts, and such acting officer shall be required by the head of the department, independent bureau, or office, to give bond to and in such sum as the disbursing clerk or disbursing agent may require. Sec. 8, Act of Mar. 4, 1909 (35 Stat. 1027). 25. Authority to employ. Each head of a Department is author- ized to employ in his Department such number of clerks of the several classes recognized by law, and such messengers, assistant messengers, copyists, watchmen, laborers, and other employees, and at such rates of compensation, respectively, as may be appropriated for by Congress from year to year. Sec. 169, R. S., Act of Mar. 3, 1875 (18 Stat. 360,361). 26. Same Appointment of women. Women may, in the discre- tion of the head of any Department, be appointed to any of the clerkships therein authorized by law, upon the same requisites and MILJTAKY LAWS OF THE UNITED STATES. 21 conditions, and with the same compensations, as are prescribed for men. Sec. 165 R. S. 27. Same Restrictions. The executive officers of the Government are hereby prohibited from employing any clerk, agent, engineer, draughtsman, messenger, watchman, laborer, or other employee, in any of the Executive Departments in the city of Washington, or elsewhere beyond provision made by law. Sec. 5, act of Aug. 15, }876 (19 Stat. 169). 28. Same From specific appropriations only. No civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, me- chanic, watchman, laborer, or other employee shall, after the first day of October next, be employed in any of the Executive Depart- ments, or subordinate bureaus or dffices thereof at the seat of Gov- ernment, except only at such rates and in such numbers, respec- tively, as may be specifically appropriated for by Congress for such clerical and other personal services for each fiscal year ; and no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall hereafter be employed at the seat of Government in any Executive Department or subordinate bureau or office thereof or be paid from any appro- priation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment there- for specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services. Sec. 4, Act of Aug. 5, 1882 (22 Stat. 255). 29. Details for duty in the District of Columbia. After the first day of October next section one hundred and seventy-two of the Revised Statutes, and all other laws and parts of laws inconsistent with the provisions of this act, and all laws and parts of laws au- thorizing the employment of officers, clerks, draughtsmen, copyists, messengers, assistant messengers, mechanics, watchmen, laborers, or other employees at a different rate of pay or in excess of the num- bers authorized by appropriations made by Congress, be, and they are hereby, repealed; and thereafter all details of civil officers, clerks, or other subordinate employees from places outside of the District of Columbia for duty within the District of Columbia, except temporary details for duty connected with their respective offices,, be, and are hereby, prohibited; and thereafter all moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury. Sec. 4, Act of Aug. 5, 1882 (22 Stat. 255). 30. Same. Hereafter it shall be unlawful to detail civil officers, clerks, or other subordinate employees who are authorized or em- 22 MILITARY LAWS OF THE UNITED STATES. ployed under or paid from appropriations made for the military or naval establishments, or any other branch of the public service put- side of the District of Columbia, except those officers and employees whose details are now especially provided by law, for duty in any bureau, office, or other division of any Executive Department in the District of Columbia, except temporary details for duty connected with their respective offices. Sec. 6, Act of June 82, 1906 (34 Stat. W). 31. Same. No clerk, messenger, or laborer at headquarters of divisions, departments, posts commanded by general officers, or office of the Chief of Staff shall be assigned to duty with any bureau in the War Department. Act of Aug. 24, 1912 (37 Stat. 573). 32. Same Penalty. That any person violating section four of the legislative, executive, and judicial appropriation Act approved Au- gust fifth, eighteen hundred and eighty-two (Statutes at Large, volume twenty-two, page two hundred and fifty-five) , shall be sum- marily removed from office, and may also upon conviction thereof be punished by a fine of not more than one thousand dollars or by imprisonment "for not more than one year. Sec. 5, Act of Aug. 23. 1912 (37 Stat. 4U). 33. Details from Government Printing Office. Hereafter no em- ployee of the Government Printing Office shall be detailed to duties not pertaining to the work of public printing and binding in any executive department or other government establishment unless ex- pressly authorized by law. Sec. 1, Act of June 25, 1910 (36 Stat. 770). 34. Details within a Department. Each head of a Department may, from time to time, alter the distribution among the various bureaus and offices of his Department, of the clerks and other em- ployees allowed by law, except such clerks or employees as may be required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder shall be made by written order of the head of the Department, and in no case be for a period of time exceeding one hundred and twenty days: Provided, That details so made may, on expiration, be re- newed from time to time by written order of the head of the De- partment, in each particular case, for periods of not exceeding one hundred and twenty days. All details heretofore made are hereby revoked, but may be renewed as provided herein. Sec. 166, R. S., as amended ly Sec. 3, Act of May 28, 1896 (29 Stat. 179). 35. Transfers Lump sum appropriations. No part of any money contained herein or hereafter appropriated in lump sum shall be available for the payment of personal services at a rate of compen- sation in excess of that paid for the same or similar services during the fiscal year nineteen hundred and twelve; nor shall any person MILITARY LAWS OF THE UNITED STATES. 23 employed at a specific salary be hereafter transferred and hereafter paid from a lump-sum appropriation a rate of compensation greater than such specific salary, and the heads of departments shall cause this provision to be enforced. Sec. 4, Act of Mar. 4, 1913 (37 Stat. 790). 36. Transfers between departments. It shall not be lawful here- after for any clerk or other employee in the classified service in any of the Executive Departments to be transferred from one Depart- ment to another Department until such clerk or other employee shall have served for a term of three years in the Department from which he desires to be transferred. Sec. 5, Act of June %%, 1906 (34 Stat. 37. Voluntary service. Nor shail any Department or any officer of the Government accept voluntary service for the Govern- ment or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. Act of Feb. 27, 1906 (34 Stat. 49). 38. Civil pension roll. The establishment of a civil pension roll, or an honorable service roll, or the exemption of any of the officers, clerks, and persons in the public service from the existing laws respecting employment in such service is hereby prohibited. Sec. 4i Act of Feb. 24, 1899 (30 Stat. 890). [Section 2 of the act of June 2, 1900 (31 Stat. 261), contained a similar requirement.] 39. Payments to incapacitated persons. The appropriations herein made for the officers, clerks, and persons employed in the public service shall not be available for the compensation of any persons incapacitated otherwise than temporarily for performing such serv- ice. 1 Sec. 3, Act of Mar. 4, 1913 (37 Stat. 790}. 40. Efficiency ratings Promotions, reductions, or removals. The Civil Service Commission shall, subject to the .approval of the President, establish a system of efficiency ratings for the classified service in the several executive departments in the District of Colum- bia based upon records kept in each department and independent establishment with such frequency as to make them as nearly as possible records of fact. Such system shall provide a minimum rating of efficiency which must be attained by an employee before he may be promoted; it shall also provide a rating below which no employee may fall without being demoted; it shall further provide for a rating below which no employee may fall without being dis- missed for inefficiency. All promotions, demotions, or dismissals shall be governed by provisions of the civil service rules. Copies of 1 This provision will be found in all of the recent appropriation acts for the legislative, executive, and judicial expenses of the Government. 24 MILITARY LAWS OF THE UNITED STATES. all records of efficiency shall be furnished by the departments and independent establishments to the Civil Service Commission for record in accordance with the provisions of this section: Provided, That in the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped, or reduced in rank or salary. Any person knowingly violating the provisions of this section shall be summarily removed from office, and may also upon conviction thereof be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year: Provided, That in the event of reductions being made in the force in any of the executive departments no honorably discharged soldier or sailor whose record in said department is rated good shall be discharged or dropped, or reduced in rank or salary. (Sec. 4, Act of Aug. 23, 1912 (37 Stat. 413). 41. Retention of discharged soldiers, sailors, etc. In making any reduction of force in any of the Executive Departments, the head of such Department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States, 1 and the widows and orphans of deceased soldiers and sailors. Sec. 3, Act of Aug. 15, 1876 (19 Stat. 169). 42. Removal on charges. That no person in the classified civil service of the United States shall be removed therefrom except for such cause as will promote the efficiency of said service and for reasons given in writing, and the person whose removal is sought shall have notice of the same and of any charges preferred against him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in writing; and affidavits in support thereof; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal ; and copies of charges, notice of hearing, answer, reasons for removal, and of the order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for reduction in rank or compensation; and copies of the same shall be furnished to the person affected upon request, and the Civil Service Commission also shall, upon request, be furnished copies of the same: Provided, however, That member- ship in any society, association, club, or other form of organization of postal employees not affiliated with any outside organization im- posing an obligation or duty upon them to engage in any strike, or 1 To entitle an honorably discharged soldier to retention in the civil service in preference to a civilian, he must be equally qualified (sec. 3, act of Aug. 15, 1876, 19 Stat. 169), which must be determined by the head of the Depart- ment (Keim v. U. S., 33 Ct. Cls., 174. But see par. 40 ante.) MILITARY LAWS OF THE UNITED STATES. 25 proposing to assist them in any strike, against the United States, having for its objects, among other things, improvements in the condition of labor of its members, including hours of labor and compensation therefor and leave of absence, by any person or groups of persons in said postal service, or the presenting by any such per- son or groups or persons of any grievance or grievances to the Con- gress or any Member thereof shall not constitute or be cause for reduction in rank or compensation or removal of such person or groups of persons from said service. The right of persons employed in the civil service of the United States, either individually or col- lectively, to petition Congress, or any Member thereof, or to fur- nish information to either House of Congress, or to any committee or member thereof, shall not be cTenied or interfered with. Sec. 6, Act of Aug. % 1912 (37 Stat. 555). 43. Four classes of clerks. The clerks in the Departments shall be arranged in four classes, distinguished as the first, second, third, and fourth classes. Sec. 163, R. S., Act of Aug. 15, 1876 (19 Stat. 169). 44. Salaries. The annual salaries of clerks and employees in the Departments, whose compensation is not otherwise prescribed, shall be as follows: First. To clerks of the fourth class, eighteen hundred dollars. Second. To clerks of the third class, sixteen hundred dollars. Third. To clerks of the second class, fourteen hundred dollars. Fourth. To clerks of the first class, twelve hundred dollars. Fifth. To the women employed in duties of a clerical character, subordinate to those assigned to clerks of the first class, including copyists and counters, or temporarily employed to perform the duties of a clerk, nine hundred dollars. Sixth. To messengers, eight hundred and forty dollars. Seventh. To assistant messengers, seven hundred and twenty dollars. Eighth. To laborers, seven hundred and twenty dollars. Ninth. To watchmen, seven hundred and twenty dollars. Sec. 167, R. S. 45. Same Temporary clerks. Except when a different compensa- tion is expressly prescribed by law, any clerk temporarily employed to perform the same or similar duties with those belonging to clerks of either class is entitled to the same salary as is allowed to clerks of that class. Sec. 168, R. S. 46. Compensation for extra services. No money shall be paid to any clerk employed in either Department at an annual salary, as compensation for extra services, unless expressly authorized by law. Sec. 170, R. S. 26 MILITAKY LAWS OF THE UNITED STATES. 47. Same For performing duty of another. No allowance or compensation shall be made to any officer or clerk by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall be made for any extra services whatever which any officer or clerk may be required to perform, unless expressly authorized by law. Sec. 1764, R- S. 48. Not less than seven hours Extension. Hereafter it shall be the duty of the heads of the several Executive Departments, in the interest of the public service, to require of all clerks and other em- ployees, of whatever grade or class, in their respective Departments, not less than seven hours of labor each day, except Sundays and days declared public holidays by law or Executive order : Provided, That the heads of the Departments may, by special order, stating the rea- son, further extend the hours of any clerk or employee in their De- partments, respectively ; but in case of an extension it shall be with- out additional compensation. 1 Sec. 7, act of Mar. 15, 1898 (30 Stat. 816}: 49. Extension if work is in arrears. Hereafter it shall be the duty of the head of each Executive Department to require monthly re- ports to be made to him as to the condition of the public business in the several bureaus or offices of his Department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the Department in which such arrears exist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. Id. 50. Annual and sick. The head of any Department may grant thirty days' annual leave with pay in any one year to each clerk or employee: And provided further, That where some member of the immediate family of a clerk or employee is afflicted with a conta- gious disease and requires the care and attendance of such employee, or where his or her presence in the Department would jeopardize the health of fellow -clerks, and in exceptional and meritorious cases, where a clerk or employee is personally ill, and where to limit the annual leave to thirty days in any one calendar year would work peculiar hardship, it may be extended, in the discretion of the head of the Department, with pay, not exceeding thirty days in any one case or in any one calendar year. This section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the Department in excess of 1 This requirement has been held by the Comptroller of the Treasury not to apply to laborers and mechanics whose compensation is not fixed by law or regulations. (IV Comp. Dec., 578; see, also, Hurlburt v. U. S., 30 Ct. Cls., 16; also 29 Op. Att. Gen., 481.) MILITARY LAWS OF THE UNITED STATES. 27 the time herein provided for or granted that he or she shall be en- titled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave. 1 Sec. 7, Act of Mar. 15, 1898 (30 Stat. 316). 51. Same. Nothing contained in section seven of the act making appropriations for legislative, executive, and judicial expenses of the Government for the fiscal year eighteen hundred and ninety-nine, approved March fifteenth, eighteen hundred and ninety-eight, shall be construed to prevent the head of any Executive Department from granting thirty days' annual leave with pay in any one year to a clerk or employee, notwithstanding such clerk or employee may have had during such year not exceeding thirty days' leave with pay on account of sickness as provided in said section seven. Act of July 7, 1898 (30 Stat. 653). 52. Same Sundays and holidays. The thirty days' annual leave of absence with pay in any one year to clerks and employees in the several Executive Departments authorized by existing law shall be exclusive of Sundays and legal holidays. Sec. h Act of Feb. %h 1899 (30 Stat. 890) . 53. Holidays in District of Columbia. The following days in each year, namely, the first day of January, commonly called New Year's Day; the twenty-second day of February, known as Washington's Birthday; the Fourth of July; the thirtieth day of May, commonly called Decoration Day; the first Monday in September, known as Labor's Holiday; the twenty-fifth day of December, commonly called Christmas Day; every Saturday, after twelve o'clock noon; any day appointed or recommended by the President of the United States as a day of public fasting or thanksgiving, and the day of the inauguration of the % President, in every fourth year, shall be holidays in the District for all purposes. Sec. 1389, Code, District of Columbia. 54. Holidays with pay Per diem employees. The employees of the navy-yard, Government Printing Office, Bureau of Printing and Engraving, and all other per diem employees of the Government on duty at Washington, or elsewhere in the United States, shall be allowed the following holidays, to wit : The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for national thanksgiving, and shall receive 1 Under the above provision it is discretionary with the heads of the several Executive Departments to grant or refuse leave of absence, and their acts can not be reviewed. Absence without leave is absence without pay; absence with leave is subject to such conditions and limitations as may be imposed. (Hurl- burt v. U. S., 30 Ct. Cls., 16.) The word "meritorious" as used above is sur- plusage; the word "exceptional" in the same statute raises a question of fact upon which the Attorney-General can not advise. (XX Opin. Att. Gen., 716.) 28 MILITARY LAWS OF THE UNITED STATES. the same pay as on other days. Joint Res. No. 5, Jan. 6, 1885 (23 Stat. 516.) (In the act of January 6, 1895, which provides that "the employees of the navy-yard, Government Printing Office, Bureau of Engraving and Printing, and all other per diem employees " shall be allowed pay for legal holidays, the provision " all other per diem employees " is to be restricted to employees whose employment is similarly permanent or continuous. (IV Comp. Dec., 499.)) 55. The same Decoration Day. All per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed the day of each year which is celebrated as " Memorial " or " Decoration Day " and the fourth of July of each year, as holiday, and shall receive the same pay as on other days. Joint Res. No. 6, Feb. 23, 1887 (24 Stat. 644). 56. Same Labor Day. The first Monday of September in each year, being the day celebrated and known as Labor's Holiday, is hereby made a legal public holiday, to all intents and purposes, in the same manner as Christmas, the first day of January, the twenty- second day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays. Act of June 28, 1894 (28 Stat. 96). (For a requirement in respect to the exclusion of Sundays and legal holidays in the reckoning of annual leaves of absence, see section 4, act of February 24, 1899 (30 Stat. 890), paragraph 52, ante.) 57. Oaths of office Without compensation. The chief clerks of the several Executive Departments and of the various bureaus and offices thereof in Washington, District of Columbia, are hereby au- thorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. Act of Aug. 29, 1890 (26 Stat. 371). 58. Same. No officer, clerk, or employee of any Executive Depart- ment who is also a notary public or other officer authorized to admin- ister oaths shall charge or receive any fee or compensation for admin- istering oaths of office to employees of such Department required to be taken on appointment or promotion therein. Act of Aug. 29, 1890 (26 Stat. 371). 59. Oaths of office. Section seventeen hundred and fifty-six of the Revised Statutes is hereby repealed, and hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, except the President of the United States, shall be as prescribed in section sev- enteen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular sub- MILITARY LAWS OF THE UNITED STATES. 29 ordinate offices and employments. Sec. 2, Act of May 13 1884 (%$ Stat. 22). (Paragraph 60 post.) 60. Same. Whenever any person * * * is elected or appointed to any office of honor or trust under the Government of the United States, * * * he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: 1 "I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion ;^ and that I will well and faith- fully discharge the duties of the office 2 on which I am about to enter. So help me God. Sec. 1757, R. S., as amended ~by the Act of June 6, 1898 (30 Stat. 432). 61. Same. The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six, or of sec- tion seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, Depart- ment, or court to which the office in respect to which the oath is made may appertain. Sec. 1759, R. S. (Sec. 1756, R. S., was repealed by the act of May 13, 1884 (23 Stat. 22) ). 62. Who may administer oath. The oath of office required by the preceding section may be taken before any officer who is authorized either by the laws of the United States, or by the local municipal lp rhe disabilities to hold office under the United States imposed under the authority conferred by section 3 of the fourteenth amendment to the Constitu- tion, and which were embodied in section 1218 of the Revised Statutes, as modi- fied by the acts of May 13, 1884 (23 Stat 21), and March 31, 1896 (29 Stat. 84), were, by the act of June 6, 1898, finally and entirely removed. a For definition of office see U. S. v. Germaine, 99 U. S., 508, and Mouat v. U. S., 124 U. S., 303. See, also, note 1 to paragraph 4, ante. Clerks appointed by the head of an Executive Department are officers, and are required by the Constitution to take the oath of office. (1 Cornp. Dec., 4.) An employee whose compensation is fixed by the head of an Executive Department is not required to take a new oath of office when his compensation is increased. (Id., 267.) When by law a change is made in the compensation of an office, and in the manner in which such compensation shall be ascertained, the incumbent thereof is entitled from the date of the act to the compensation so fixed and is not required to take a new oath of office. (Id., 313.) Under the act of February 14, 1889 (25 Stat. 670), S. was appointed from civil life to the position of major of engineers in the Army, and thereupon was placed on the retired list of the Army as of that grade; advised, that he must take the oath required by section 1756 of the Revised Statutes, and that this act would be in law a legal acceptance of the office, and, as such, a sufficient formal acceptance. (XIX Opin. Att Gen., 283.) Section 1757, Revised Statutes, and the act of May IS, 1884 (23 Stat. 22), which require generally that an officer shall take the oath of office prescribed " before entering upon the duties of his office" are directory only (U. S. v. Eaton, 169 U. S., 331), and a deputy clerk of a United States court whose acceptance of office on the same day he was appointed was evidenced by his entrance upon duty, and who subsequently took the oath, is entitled to compensation from that day. (4 Comp. Dec., 496.) 30 MILITAEY LAWS OF THE UNITED STATES. law, to administer oaths, in the State, Territory, or district where such oath may be administered. Sec. 1758, R. S. 63. Administration of oaths. In all cases in which under the laws of the United States oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by or before any notary public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, and when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. Sec. 1778, R. S. 64. Oaths in investigations. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps or Re venue- Cutter Service detailed to conduct an investigation, and the recorder, and if there be none the presiding officer, of any military, naval, or Revenue- Cutter Service board appointed for such purpose, shall have authority to adminis- ter an oath to any witness attending to testify or depose in the course of such investigation. Sec. 183, R. S., as amended by the Act of Feb. 13, 1911 (36 Stat. 898). 65. Oaths to travel accounts. After June thirtieth, nineteen hun- dred and twelve, postmasters, assistant postmasters, collectors of customs, collectors of internal revenue, chief clerks of the various executive departments and bureaus, or clerks designated by them for the purpose, the superintendent, the acting superintendent, cus- todian, and principal clerks of the various national parks and other Government reservations, superintendent, acting superintendents, and principal clerks of the different Indian super intendencies or Indian agencies, and chiefs of field parties, are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal ; for such services when so rendered, or when rendered on demand after said date by notaries public, who at the time are also salaried offi- cers or employees of the United States, no charge shall be made; and on and after July first, nineteen hundred and twelve, no fee or money paid for the services herein described shall be paid or reimbursed by the United States. Sec. 8, Act of Aug. 24, 1912 (37 Stat. 487). 66. Pay during disability Limit. When, on or after August first, nineteen hundred and eight, any person employed by the United States as an artisan or laborer in any of its manufacturing estab- lishments, arsenals, or navy-yards, or in the construction of river MILITARY LAWS OF THE UNITED STATES. 31 and harbor or fortification work or in hazardous employment on construction work in the reclamation of arid lands or the manage- ment and control of the same, or in hazardous employment under the Isthmian Canal Commission, is injured in the course of such employment, such employee shall be entitled to receive for one year thereafter, unless such employee, in the opinion of the Secretary of Commerce and Labor, be sooner able to resume work, the same pay as if he continued to be employed, such payment to be made under such regulations as the Secretary of Commerce and Labor may pre- scribe : Provided, That no compensation shall be paid under this Act where the injury is due to the negligence or misconduct of the employee injured, nor unless said injury shall continue for more than fifteen days. All questions of negligence or misconduct shall be determined by the Secretary of Commerce and Labor. Sec. 1, Act of May 30, 1908 (35 Stat. 556). (See Circular A, War Department, January 12, 1910.) 67. In case of death payable to widow, etc. If any artisan or laborer so employed shall die during the said year by reason of such injury received in the course of such employment, leaving a widow, or a child or children under sixteen years of age, or a dependent parent, such widow and child or children and dependent parent shall be entitled to receive, in such portions and under such regulations as the Secretary of Commerce and Labor may prescribe, the same amount, for the remainder of the said year, that said artisan or laborer would be entitled to receive as pay if such employee were alive and continued to be employed: Provided, That if the widow shall die at any time during the said year her portion of said amount shall be added to the amount to be paid to the remaining benefici- aries under the provisions of this section, if there be any. Sec. 2, Id. (See Circular A, War Department, January 12, 1910.) 68. Evidence by beneficiaries. In the case of any accident which shall result in death, the persons entitled to compensation under this Act or their legal representatives shall, within ninety days after such death, file with the Secretary of Commerce and Labor an affi- davit setting forth their relationship to the deceased and the ground of their claim for compensation under the provisions of this Act. This shall be accompanied by the certificate of the attending physi- cian setting forth the fact and cause of death, or the nonproduction of the certificate shall be satisfactorily accounted for. In the case of incapacity for work lasting more than fifteen days, the injured party desiring to take the benefit of this Act shall, within a reason- able period after the expiration of such time, file with his official superior, to be forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the 32 MILITARY LAWS OF THE UNITED STATES. grounds of his claim for compensation, to be accompanied by a cer- tificate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduc- tion of the certificate shall be satisfactorily accounted for. If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced by the claimant or his or her legal representatives, or from such additional investigation as the Secretary of Commerce and Labor may direct, that a claim for com- pensation is established under this Act, the compensation to be paid shall be determined as provided under this Act and approved for payment by the Secretary of Commerce and Labor. Sec. h Id. (See Circular A, War Department, January 12, 1910.) 69. Not payable to assignees or creditors. Payments under this Act are only to be made to the beneficiaries or their legal represen- tatives other than assignees, and shall not be subject to the claims of creditors. Sec. 6, Id. 70. Medical examination. The employee shall, whenever and as often as required by the Secretary of Commerce and Labor, at least once in six months, submit to medical examination, to be provided and paid for under the direction of the Secretary, and if such em- ployee refuses to submit to or obstructs such examination his or her right to compensation shall be lost for the period covered by the continuance of such refusal or obstruction. Sec. 5, Id. 71. Reports regarding accidents. Whenever an accident occurs to any employee embraced within the terms of the first section of this Act, and which results in death or a probable incapacity for work, it shall be the duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his Bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the accident and injury and the prob- able duration of the injury resulting therefrom; second, whether the accident arose out of or in the course of the injured person's employment; third, whether the accident was due to negligence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor may prescribe. The head of each Depart- ment or independent office shall have power, however, to charge a special official with the duty of making such reports. Sec. 3, Id. (See Circular A, War Department, January 12, 1910.) 72. Contract for exemption invalid. The United States shall not exempt itself from liability under this Act by any contract, agree- ment, rule, or regulation, and any such contract, agreement, rule, or regulation shall be pro tanto void. Sec. 7, Id. MILITARY LAWS OF THE UNITED STATES. 33 CONTINGENT FUNDS. 73. Purchases from contingent fund. No part of the contingent fund appropriated to any Department, bureau, or office, shall be ap- plied to the purchase of any articles except such as the head of the Department shall deem necessary and proper to carry on the busi- ness of the Department, bureau, or office, and shall, by written order, direct to be procured. 1 Sec. 3683^ R. S. 74. Use for official and clerical compensation. No moneys appro- priated for contingent, incidental, or miscellaneous purposes shall be expended or paid for official or clerical compensation. Sec. 3682, R. 3. (Section 3682, Revised Statutes, prohibits, absolutely, the use for official or clerical compensation of any money appropriated for contingent, incidental, or miscellaneous purposes. (I Comp. Dec., 392; Id., 410.) The Revised Stat- utes (section 3682) forbid money appropriated for contingent, incidental, or miscellaneous purposes being used for official or clerical compensation. The ad- jectives* " contingent," " incidental," and " miscellaneous " have a technical and well-understood meaning; and, where a specific appropriation is made for specific objects, such as clerks, messengers, light, fuel, no disbursement can be made therefor from the appropriation for " miscellaneous expenses." (22 Ct. Cls. 269.) (The words "contingent expenses" as employed in acts making appropriations, means such incidental, casual, and unforeseen expenses as are necessary and appropriate to the execution of duties required by law in connection with the object for which the appropriation was made. There is no discretion conferred upon heads of departments to use such appropriations for other purposes. (IV Comp. Dec., 287).) 75. Apportionment of contingent funds. In addition to the appor- tionment required by the so-called antideficiency Act, approved Feb- ruary twenty-seventh, nineteen hundred and six (Statutes at Large, volume thirty-four, page forty-nine), the head of each executive department shall, on or before the beginning of each fiscal year, ap- portion to each office or bureau of his department the maximum amount to be expended therefor during the fiscal year out of the contingent fund or funds appropriated for the entire year for the department, and the amounts so apportioned shall not be increased or diminished during the year for which made except upon the writ- ten direction of the head of the department, in which there shall be fully expressed his reasons therefor; and hereafter there shall not be purchased out of any other fund any article for use in any office or bureau of any executive department in Washington, District of 1 Section 3683, Revised Statutes, requires that the written order therein men- tioned shall be given by the head of the Department before the articles to be paid for from the contingent fund are procured, and a subsequent approval is not sufficient. (II Comp. Dec., 1.) This section applies only to cases where an appropriation is made in a lump sum for " contingent, incidental, or miscel- laneous expenses," or under similar words, and where Congress has specifically designated appropriations for enumerated items as being for " contingent, inci- dental, or miscellaneous expenses." (Id., 42.) When an item is properly pay- able from an appropriation for contingent expenses, the discretion of the officer charged with the duty of expending said fund is not subject to review by the accounting officers upon any question ns to the necessity or advisability of his expenditures. (Id., 80. XVIII Opin. Att. Gen., 424.) 48985 15 3 34 MILITARY LAWS OF THE UNITED STATES. Columbia, which could be purchased out of the appropriations made for the regular contingent funds of such department or of its offices or bureaus. Sec. 6, Act of Aug. 23, 1912 (37 Stats. 414) . 76. Expenditure for newspapers. The amount expended in any one year for newspapers, for any Department, except the Depart- ment of State, including all the bureaus and offices connected there- with, shall not exceed one hundred dollars. Sec. 19%, R. S., as amended by Act of June <22, 1906 (34 Stat. 449). (By Act of March 2, 1903 (32 Stat. 929), it was provided that this section " shall not apply to the subscriptions to newspapers by the military informa- tion division for the fiscal years ending " June 30, 1900, 1901, 1902, 1903, and thereafter. ) 77. Same. No executive officer, other than the heads of Depart- ments, shall apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. Sec. 1779, R. S. 78. Law books, books of reference, etc. Hereafter law books,.books of reference, and periodicals for use of any Executive Department, or other Government establishment not under an Executive Depart- ment, at the seat of Government, shall not be purchased or paid for from any appropriation made for contingent expenses 1 or for any specific or general purpose unless such purchase is authorized and payment therefor specifically provided in the law granting the appropriation. Sec. 3, Act of Mar. 15, 1898 (30 Stat. 316). 79. Annual report of expenditures. The head of each Department shall make an annual report to Congress, giving a detailed state- ment of the manner in which the contingent fund for his Depart- ment, and for the bureaus and offices therein, has been expended, giving the names of every person to whom any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that 1 The words " contingent expenses," as employed in acts making appropria- tions, mean such incidental, casual, and unforeseen expenses as are necessary and appropriate to the execution of duties required by law in connection with the object for which the appropriation is made. (IV Comp. Dec., 287.) There is no discretion conferred upon heads of Departments to use such appropria- tions for other purposes, (Id., 287.) The provisions in the act of March 15, 1898, that " hereafter law books, books of reference, and periodicals for the use of any Executive Department, or other Government establishment not under an Executive Department, at the seat of Government, shall not be purchased or paid for from any appropriation made for contingent expenses or for any specific or general purpose, unless such purchase is authorized and payment therefor specifically provided in the law granting the appropriation " does not apply to those branches of the pub- lic service located outside of Washington, nor to the Army, which is not a part of the War Department proper. (Id.. 551.) A newspaper is not a periodical within the meaning of the requirement above set forth in the act of March 15, 1898 (30 Stat. 316). (Id., 694.) MILITARY LAWS OF THE UNITED STATES. 35 rendered such service necessary; and the amount of all former ap- propriations in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts of all the moneys which may have been from time to time during the next preceding year expended by them, and shall communicate the results of such returns and the sums total, annually, to Congress. Sec. 193, R. S. 80. Same. Hereafter a detailed statement of the expenditure for the preceding year of all sums appropriated for contingent expenses of the independent treasury, or in any Department or bureau of the Government, shall be presented to Congress at the beginning of each regular session. Act of Mar. 3, 1877 (19 Stat. 306}. 81. Membership fees, etc. -No money appropriated by this or any other Act shall be expended for membership fees or dues of any officer or employee of the United States or of the District of Colum- bia in any society or association or for expenses of attendance of any person at any meeting or convention of members of any society or association, unless such fees, dues, or expenses are authorized to be paid by specific appropriations for such purposes or are provided for in express terms in some general appropriation. Sec. 8, Act of June %6, 1912 (37 Stats. 184). 82. Carriages or other vehicles. No part of any money appro- priated by this or any other Act shall be used for purchasing, main- taining, driving, or operating any carriage or vehicle (other than those for the use of the President of the United States, the heads of the Executive Departments, and the Secretary to the President, and other than those used for transportation of property belonging to or in the custody of the United States), for the personal or official use of any officer or employee of any of the Executive Departments or other Government establishments at Washington, District of Colum- bia, unless the same shall be specifically authorized by law or pro- vided for in terms by appropriation of money, and all such carriages and vehicles so procured and used for official purposes shall have conspicuously painted thereon at all times the full name of the Ex- ecutive Department or other branch of the public service to which the same belong and in the service of which the same are used. Sec. 4, Act of Feb. 3, 1905 (33 Stat. 687). 83. Telephone service. No money appropriated by this or any other Act shall be expended for telephone service installed in any private residence or private apartment or for tolls or other charges for telephone service from private residences or private apartments, except for long-distance telephone tolls required strictly for the public business, and so shown by vouchers duly sworn to and 36 MILITARY LAWS OF THE UNITED STATES. approved by the head of the department, division, bureau, or office in which the official using such telephone or incurring the expense of such tolls shall be employed. Sec. 7, Act of Aug. %3, 1912 (37 Stats. 84. Transportation of remains of deceased employees. Hereafter the heads of Departments shall not authorize any expenditure in con- nection with transportation of remains of deceased employees, except when otherwise specifically provided by law. Act of June 7, 1897 (30 Stat. 86). 85. Distribution of publications. No money appropriated by this or any other Act shall be used after the first day of October, nine- teen hundred and twelve, for services in any executive department or other Government establishment at Washington, District of Co- lumbia, in the work of addressing, wrapping, mailing, or otherwise dispatching any publication for public distribution, except maps, weather reports, and weather cards issued by an executive depart- ment or other Government establishment at Washington, District of Columbia, or for the purchase of material or supplies to be used in such work; and on and after October first, nineteen hundred and twelve, it shall be the duty of the Public Printer to perform such work at the Government Printing Office. Prior to October first, nineteen hundred and twelve, each executive department and other Government establishment at Washington, District of Columbia, shall transfer to the Public Printer such machines, equipment, and materials as are used in addressing, wrapping, mailing, or otherwise dispatching publications; and each head of such executive depart- ment and other Government establishment at Washington, District of Columbia, shall furnish from time to time to the Public Printer mailing lists, in convenient form, and changes therein, or franked slips, for use in the public distribution of publications issued by such department or establishment; and the Public Printer shall furnish copies of any publication only in accordance with the pro- visions of law or the instruction of the head of the department or establishment issuing the publication. The employment of all per- sons in the several executive departments and other Government establishments at Washington, District of Columbia, wholly in con- nection with the duties herein transferred to the Public Printer, or whose services can be dispensed with or devolved upon another because of such transfer, shall cease and determine on or before the first day of October, nineteen hundred and twelve, and their salaries or compensation shall lapse for the remainder of the fiscal year nineteen hundred and thirteen and be covered into the Treas- ury. A detail statement of all machines, equipment, and material transferred to the Government Printing Office by operation of this MILITARY LAWS OF THE UNITED STATES. 37 provision and of all employments discontinued shall be submitted to Congress at its next session by the head of each executive department and other Government establishments at Washington, District of Columbia, in the annual estimates of appropriations : Provided, That nothing in this section shall be construed as applying to orders, instructions, directions, notices, or circulars of information, printed for and issued by any of the executive departments or other Govern- ment establishments or to the distribution of public documents by Senators or Members of the House of Representatives or to the folding rooms and documents rooms of the Senate or House of Rep- resentatives. Sec. 8, Act of Aug. 23, 1912 (37 Stats. 4H). 86. Annual estimates Book of Estimates. All annual estimates for the public service shall be submitted to Congress through the Secretary of the Treasury, and shall be included in the Book of Estimates prepared under his direction. Sec. 3669, R. S.; Acts of June 20 1874 (18 Stat. 96, 109, 111); Mar. 3, 1875 (18 Stat. 355, 370) ; Aug. 15, 1876 (19 Stat. 200). 87. Same Date of submission. Hereafter it shall be the duty of the heads of the several Executive Departments, and of other officers authorized or required to make estimates, to furnish to the Secretary of the Treasury, on or before the fifteenth day of October of each year, their annual estimates for the public service, to be included in the Book of Estimates prepared by law under his direction, and in case of failure to furnish estimates as herein required it shall be the duty of the Secretary of the Treasury to cause to be prepared in the Treasury Department, on or before the first day of November of each year, estimates for such appropriations as in his judgment shall be requisite in every such case, which estimates shall be included in the Book of Estimates prepared by law under his direction for the con- sideration of Congress. Sec. 5, Act of Mar. 3, 1901 (31 Stat. 1009). 88. Statement of outstanding appropriations. The head of each Department, in submitting to Congress his estimates of expenditures required in his Department during the year then approaching, shall designate not only the amount required to be appropriated for the next' fiscal year, but also the amount of the outstanding appropria- tion, if there be any, which will probably be required for each par- ticular item of expenditure. Sec. 3665, R. S. 89. Explanation of variation from current appropriations. When- ever the head of a Department, being about to submit to Congress the annual estimates of expenditures required for the coming year, finds that the usual items of such estimates vary materially in amount from the appropriation ordinarily asked for the object named, and especially from the appropriation granted for the same objects for the preceding year, and whenever new items not theretofore usual are introduced into such estimates for any year, he shall accompany 38 MILITAKY LAWS OF THE UNITED STATES. the estimates by minute and full explanations of all such variations and new items, showing the reasons and grounds upon which the amounts are required, and the different items added. Sec. 3664, R. S. 90. Order and arrangement. Hereafter the estimates for expenses of the Government, except those for sundry civil expenses, shall be prepared and submitted each year according to the order and ar- rangement of the appropriation Acts for the year preceding. And any changes in such order and arrangement, and transfers of sal- aries from one office or bureau to another office or bureau, or the consolidation of offices or bureaus desired by the head of any Ex- ecutive Department may be submitted by note in the estimates. Sec. 4, Act of June 2%, 1906 (34 Stat. 448). 91. Special or additional estimates. Hereafter the heads of the several Executive Departments and all other officers authorized or required to make estimates for the public service shall include in their annual estimates furnished the Secretary of the Treasury for inclusion in the Book of Estimates all estimates of appropriations required for the service of the fiscal year for which they are pre- pared and submitted, and special or additional estimates for that fiscal year shall only be submitted to carry out laws subsequently enacted, or when deemed imperatively necessary for the public serv- ice by the Department in which they shall originate, in which case such special or additional estimate shall be accompanied by a full statement of its imperative necessity and reasons for its omission in the annual estimates. Id. 92. Estimates for deficiencies. Hereafter all estimates of appro- priations and estimates of deficiencies in appropriations intended for the consideration and seeking the action of any of the com- mittees of Congress shall be transmitted to Congress through the Secretary of the Treasury, and in no other manner; and the said Secretary shall first cause the same to be properly classified, com- piled, indexed, and printed, under the supervision of the chief of the division of warrants, estimates, and appropriations of his Depart- ment. Sec. 2, Act of July 7, 1884 (23 Stat. 25^.} 93. Manner of preparing. The heads of Departments, in com- municating estimates of expenditures and appropriations to Con- gress, or to any of the committees thereof, shall specify, as nearly as may be convenient, the sources from which such estimates are derived, and the calculations upon which they are founded, and shall discriminate between such estimates as are conjectural in their character and such as are framed upon actual information and ap- plications from disbursing officers. They shall also give references to any law or treaty by which the proposed expenditures are, respec- tively, authorized, specifying the date of each, and the volume and page of the Statutes at Large, or of the Revised Statutes, as the case MILITARY LAWS OF THE UNITED STATES. 39 may be, and the section of the act in which the authority is to be found. 1 Sec. 3960, R. 8. Act of Mar. 3, 1875 (18 Stat. 370}. 94. Printing and binding. Hereafter there shall be submitted iji the regular annual estimates to Congress under and as a part of the expenses for " Printing and binding," estimates for all printing and binding required by each of the Executive Departments, their bu- reaus and offices, and other Government establishments at Washing- ton, District of Columbia, for each fiscal year; and after the fiscal year nineteen hundred and seven no appropriations other than those made specifically and solely for printing and binding shall be used for such purposes in any Executive Department or other Govern- ment establishment in the District of Columbia: Provided, That nothing in this section shall apply to stamped envelopes, or envel- opes and articles of stationery other than letter heads and note heads, printed in the course of manufacture. Sec. 2, Act of June 30, 1906 (34 Stat. 762). [This statute is understood to supersede sec. 3661, R. S.] 95. Salaries. All estimates for the compensation of officers author- ized by law to be employed shall be founded upon the express pro- visions of law, and not upon the authority of executive distribution. 2 Sec. 3662, R. S. 96. Lump sum appropriations. Hereafter there shall be submitted, in the annual Book of Estimates, following every estimate for a gen- lf The policy of Congress in respect to annual appropriations is contained in sections 3060, 3664, 3665, 3675, 3678, 3679, and 3690 of the Revised Statutes. A reading of their provisions will show conclusively, we think, that Congress has restricted in every possible way the expenditures and expenses and liabilities of the Government, so far as executive officers are concerned, to the specific ap- propriations of each fiscal year. (Wilder v. U. S., 16 Ct. Cls., 528, 543.) The estimates must relate to expenditures based upon the enactments of Congress and not to the payment of damages. (Pitman v. U. S., 20 id., 253, 256.) And to expenditures for the public service during the ensuing fiscal year. (McCal- lum v. United States, 17 id., 92; Conn. Mut. Life Ins. Co. v. U. S., 21 id., 195, 200.) 2 A statute which fixes the annual salary of a public officer at a designated sum, without limitation as to time, is not abrogated by subsequent enactments appropriating a less lunount for his services for a particular fiscal year, but containing no words which expressly or impliedly repeal it. (U. S. v. Lang- ston, 118 U. S., 389.) It is otherwise, however, when the sum appropriated is " in full compensation " for the salary of a particular officer, in which case the earlier act is suspended for the time covered by the appropriation. (U. S. v. Fisher, 109 U. S., 143; U. S. v. Mitchell, id., 146.) A salary that is established by statute can not be increased nor diminished by executive officers. It is not a subject of contract between such officers. The incumbent of an office is en- titled to the salary attached thereto by law, and if he receives a less sum from disbursing officers, he can claim and receive the balance. (Dyer v. U. S., 20 Ct. Cls., 166, 171; Adams v. U. S., id., 115.) Such recovery may be had though, by terms of his appointment, he was to receive less and though he may have been compelled to execute a receipt in full therefor. (Id.) It is not within the power of the head of an Executive Department to reduce or change the salary of an officer which Congress has specifically prescribed; and an agreement to that effect, being contrary to public policy, will not be enforced or given effect as an estoppel. (Miller v. U. S., 103 Fed Rep.. 413.) But, for express authority to reduce the salaries of clerk's, see section 3. act of August 15, 1876 (19 Stat. 169). 40 MILITAEY LAWS OF THE UNITED STATES. eral or lump sum appropriation which exceeds $250,000 in amount, a statement showing in parallel columns : First, the number of persons, if any, intended to be employed and the rates of compensation to each, and the amounts contemplated to be expended for each of any other objects or classes of expenditures specified or contemplated in the estimate; and Second, the number of persons, if any, employed and the rates of compensation paid each, and the amounts expended for each other object or class of expenditures out of the appropriation correspond- ing to the estimate so submitted, during the completed fiscal year next preceding the period for which the estimate is submitted. Sec. 6, Act of Aug. % 1912 (37 Stat. 487). 97. Public works. Whenever any estimate submitted to Congress by the head of a Department asks an appropriation for any new specific expenditure, such as the erection of a public building, or the construction of any public work, requiring a plan before the building or work can be properly completed, such estimate shall be accompanied by full plans and detailed estimates of the cost of the whole work. All subsequent estimates for any such work shall state the original estimated cost, the aggregate amount theretofore appro- priated for the same, and the amount actually expended thereupon, as well as the amount asked for the current year for which such estimate is made. And if the amount asked is in excess of the orig- inal estimate, the full reasons for the excess and the extent of the anticipated excess shall be also stated. Sec. 3663, R. $., as amended by the Act of Feb. 27, 1877 (19 Stat. 249). 98. River and harbor works. Hereafter the Secretary of War shall annually submit estimates in detail for river and harbor im- provements required for the ensuing year to the Secretary of the Treasury to be included in, and carried into, the sum total of the Book of Estimates. Act of June 4, 1897 (30 Stat. 48). 99. Statement of rented buildings. It shall be the duty of the heads of the several Executive Departments to submit to Congress each year, in the annual estimates of appropriations, a statement of the number of buildings rented by their respective Departments, the purposes for which rented, and the annual rental of each. Act of Mar. 3, 1883 (00 Stat. 562). 100. Statement of proceeds of sales. A detailed statement of the proceeds of all sales of old material, condemned stores, supplies, or other public property of any kind except materials, stores, or sup- plies sold to officers and soldiers of the Army, or to exploring or sur- veying expeditions authorized by law shall be included in the appendix to the Book of Estimates. Sec. 367%, R. S., as amended by Act of Feb. 07, 1877 (19 Stat. MILITARY LAWS OF THE UNITED STATES. 41 101. Same, and other, receipts. Hereafter the Secretary of the Treasury shall require, and it shall be the duty of the head of each Executive Department or other Government establishment to fur- nish him, within thirty days after the close of each fiscal year, a statement of all money arising from proceeds of public property of any kind or from any source other than the postal service, received by said head of Department or other Government establishment dur- ing the previous fiscal year for or on account of the public service, cr in any other manner in the discharge of his official duties other than as salary or compensation, which was not paid into the Gen- eral Treasury of the United States, together with a detailed account of all payments, if any, made from such funds during such year. All such statements, together with a similar statement applying to the Treasury Department, shall be transmitted by the Secretary of the Treasury to Congress at the beginning of each regular session. Sec. 5, Act of June 30, 1906 (34 Stat. 763). 102. Report on condition of business. It shall be the duty of the he'ad of each Executive Department or other Government establish- ment in the city of Washington to submit to the first regular session of the Fifty-fourth Congress, and annually thereafter, in the annual Book of Estimates, a statement as to the condition of business in his Department or other Government establishment, showing whether any part of the same is in arrears, and, if so, in what divisions of the respective bureaus and offices of his Department or other Gov- ernment establishment such arrears exist, the extent thereof, and the reasons therefor, and also a statement of the number and compensa- tion of employees appropriated for in one bureau or office who have been detailed in another bureau or office for a period exceeding one year. Sec. 7, Act of Mar. 2, 1895 (28 Stat. 808). 103. Report of inefficient employees. It shall be the duty of the heads of the several Executive Departments of the Government to report to Congress each year, in the annual estimates, the number of employees in each bureau and office and the salaries of each who are below a fair standard of efficiency. Sec. 2, Act of July 11, 1890 (26 Stat. 268). 104. Time of making. Except where a different time is expressly prescribed by law, the various annual reports required to be submit- ted to Congress by the heads of Departments shall be made at the commencement of each regular session, and shall embrace the trans- actions of the preceding year. Sec. 195, R. S. 105. Clerks employed. The Director of the Census shall edit, index, and publish the Official Register of the United States, and the provisions of existing law imposing that duty upon the De- partment of the Interior are hereby repealed, and the data to be included in the Official Register, which is now required to be trans- 42 MILITARY LAWS OF THE UNITED STATES. mitted to the Secretary of the Interior, shall hereafter be trans- mitted to the Director of the Census. 1 Act of June 7, 1906 (34 Stat. 219). 106. When furnished printer. The head of each Department, except the Department of Justice, shall furnish to the Congressional Printer copies of the documents usually accompanying his annual report, on or before the first day of November in each year, and a copy of his annual report on or before the third Monday of Novem- ber in each year. Sec. 196, R. S. 107. Exclusion of certain matters. The heads of the Executive Departments, before transmitting their annual reports to Congress, the printing of which is chargeable to this appropriation, shall cause the same to be carefully examined, and shall exclude therefrom all matter, including engravings, maps, drawings, and illustrations, except such as they shall certify in their letters transmitting such reports to be necessary and to relate entirely to the transaction of the public business. Act of Aug. 30, 1890 (26 Stat. 411). 108. Condition of business. Hereafter it shall be the duty of the head of each Executive Department, or other Government establish- ment at the seat of Government, not under an Executive Department, to make at the expiration of each quarter of the fiscal year a written report to the President as to the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears. Sec. 7, Act of Mar. 15, 1898 (30 Stat. 317). 109. Inventories of property. The Secretary of State, the Secre- tary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attor- ney-General, and Commissioner of Agriculture shall keep, in proper books, a complete inventory of all the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by them, respectively, and under their charge, adding thereto, from time to time, an account of such property as may be procured subse- quently to the taking of such inventory, as well as an account of the sale or other disposition of any of such property, except supplies of stationery and fuel in the public offices and books, pamphlets, and papers in the Library of Congress. Sec. 197, R. S., as amended by Act of Feb. 27, 1877 (19 Stat. 241). 110. Penalty for failure to make. Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any act of Congress or regulation of the Depart- ment of the Treasury, other than his accounts, within the time pre- 1 The Official Register comprises the names of all persons in the service of the United States, exclusive of the Postal Service. It is published once every two years. (See par. Ill post.) MILITARY LAWS OF THE UHlTED STATES. 43 scribed by such act or regulation, shall be fined not more than one thousand dollars. Sec. 101, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1107). 111. The official register. To enable the officer charged with the duty of preparing the Official Register of the United States to pub- lish the same, the Secretary of the Senate, the Clerk of the House of .Representatives, the head of each Executive Department of the Government, and the chief of each and every bureau, office, com- mission, or institution not embraced in an Executive Department, in connection with which salaries are paid from the Treasury of the United States, shall, on the first day of July in each year in which a new Congress is to assemble, cause to be filed with the Secretary of the Interior a full and complete list of all officers, agents, clerks, and other employees of said Department, bureau, office, commission, or institution connected with the legislate, executive, or judicial service of the Government, or paid from the United States Treasury, including military and naval officers, of the United States, cadets, and midshipmen. Said lists shall exhibit the salary, compensation, and emoluments allowed to each of said officers, agents, clerks, and other employees, the State or country in which he was born, the State or Territory and Congressional district and county of which he is a resident and from which he was appointed to office, and where employed. A list of the names, force, and condition of all ships and vessels belonging to the United States, and when and where built, shall also be filed with the Secretary of the Interior by the heads of the De- partments having supervision of such ships and vessels, for incorpo- ration in the Official Register. Sec. 73, Act of Jan. 1, 1895 ($8 Stat. 618). 112. Blanks, books, and forms. The Public Printer is authorized hereafter to procure and supply, on the requisition of the head of any Executive Department or other Government establishment, com- plete manifold blanks, books, and forms, required in duplicating processes; also complete patented devices with which to file money- order statements, or other uniform official papers, and to charge such supplies to the allotment for printing and binding of the De- partment or Government establishment requiring the same. Act of June 28, 1902 (32 Stat. 481}. 113. Books and documents Restrictions. Hereafter no book or document not having to do with the ordinary business transactions of the Executive Departments shall be printed on the requisition of any Executive Department or unless the same "shall have been expressly authorized by Congress. Act of Mar. 3, 1905 (33 Stat. 1249). 44 MILITARY LAWS OF THE UNITED STATES. 114. Appropriations chargeable. Hereafter, in the printing and binding of documents or reports emanating from the Executive Departments, bureaus, and independent offices of the Government, the cost of which is now charged to the allotment for printing and binding for Congress, or to appropriations or allotments of appro- priations other than those made to the Executive Departments, bureaus, or independent offices of the Government, the cost of illus- trations, composition, stereotyping, and other work involved in the actual preparation for printing, apart from the creation of manu- script, shall be charged to the appropriation or allotment of appro- priation for the printing and binding of the Department, bureau, or independent office of the Government in which such documents or reports originate; the balance of cost shall be charged to the allot- ment for printing and binding for Congress, and to the appropria- tion or allotment of appropriation of the Executive Department, bureau, or independent office of the Government, in proportion to the number delivered to each; the cost of any copies of such docu- ments or reports distributed otherwise than through Congress, or the Executive Departments, bureaus, and independent offices of the Government, if such there be, shall be charged as heretofore: Pro- vided, That on or before the first day of December in each fiscal year each Executive Department, bureau, or independent office of the Government to which an appropriation or allotment of appro- priation for printing and binding is made, shall obtain from the Public Printer an estimate of the probable cost of all publications of such Department, bureau, or independent office now required by law to be printed, and so much thereof as would, under the terms of this resolution, be charged to the appropriation or allotment of appropriation of the Department, bureau, or independent office of the Government in which such publications originate, shall there- upon be set aside to be applied only to the printing and binding of such documents and reports, and shall not be available for any other purpose until all of such allotment of cost on account of such documents and reports shall have been fully paid. Joint Res. No. 13, of Mar. 30, 1906 (34 Stat. 825). 115. /Same. No other fund appropriated by this Act, or any other Act, shall be used for services or other purposes in the Government Printing Office, or in the office of the superintendent of documents, of the character specified in the foregoing paragraphs, except in cases of emergency arising after the passage of this Act, and then only on the written order of the Public Printer; and the aggregate of all salaries or other expenses thus paid, in addition to those specifically appropriated for above, shall be reported to Congress MILITARY LAWS OF THE UNITED STATES. 45 each year in connection with the annual estimates. Act of Mar. 4, 1909 (35 Stat. 1021). 116. Illustrations. Hereafter no part of the appropriations made for printing and binding shall be used for any illustration, engrav- ing, or photograph in any document or report ordered printed by Congress unless the order to print expressly authorizes the same, nor in any document or report of any executive department or other Government establishment until the head of the executive depart- ment or Government establishment shall certify in a letter trans- mitting such report that the illustration is necessary and relates entirely to the transaction of public business. Sec. 1, Act of Mar. 3, 1905 (33 Stat. 1213). 117. Number of copies Two or more editions. The number of copies of any public document or report now authorized to be printed or which may hereafter be authorized to be printed for any of the Executive Departments, or bureaus or branches thereof, or inde- pendent offices of the Government may be supplied in two or more editions, instead of one, upon a requisition on the Public Printer by the official head of such Department or independent office, but in no case shall the aggregate of said editions exceed the number of copies now authorized, or which may hereafter be authorized. Joint Res. No. 14, of Mar. 30, 1906 ($4 Stat. 826). 118. Rented buildings in District of Columbia. Hereafter no con- tract shall be made for the rent of any building, or part of any building, in Washington, not now in use by the Government, to be used for the purposes of the Government, until an appropriation therefor shall have been made in terms by Congress. Act of June 22, 1874 (18 Stat. 144). 119. Future leases in District of Columbia. Hereafter no contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and that this clause be regarded as notice to all contractors or lessors of any such building or any part of building. Act of March 3, 1877 (19 Stat. 370) . 120. Same Renting other buildings. Where buildings are rented for public use in the District of Columbia, the Executive Depart- ments are authorized, whenever it shall be advantageous to the pub- lic interest, to rent others in their stead : Provided, That no increase in the number of buildings now in use, nor in the amounts paid for rents, shall result therefrom. Act of Aug. 5, 1882 (22 Stat. 241). 121. Recording clocks prohibited. No money appropriated by this act shall be used for expense of repairing recording clocks used for recording time of clerks or other employees in any of the Executive Departments at Washington, nor shall there thereafter be used in 46 MILITAEY LAWS OF THE UNITED STATES. any of the Executive Departments at Washington any such record- ing clocks. Act of Feb. $4, 18&9 (30 Stat. 864). 122. Draping public buildings. Hereafter no building owned, or used for public purposes, by the Government of the United States, shall be draped in mourning and no part of the public fund shall be used for such purposes. Sec. 3, Act of Mar. 3, 1893 (27 Stat. 715). 123. Closing Departments on death of ex-official. Hereafter the Executive Departments of the Government shall not be closed as a mark to the memory of any deceased ex-official of the United States. Sec. 4, Act of Mar. 3, 1893 (W Stat. 715). 124. Books, etc., of disbursing officers accessible to accounting offi- cers. All books, papers, and other matters relating to the office or accounts of disbursing officers of the Executive Departments, and commissions, boards, and establishments of the Government in the District of Columbia shall at all times be subject to inspection and examination by the Comptroller of the Treasury and -the Auditor of the Treasury authorized to settle such accounts, or by the duly authorized agents of either of said officials. 1 Act of Feb. 19, 1897 (29 Stat. 550). 125. Department libraries depositories of public documents. The libraries of the eight Executive Departments, of the United States Military Academy, and United States Naval Academy are hereby constituted designated depositories of Government publications, and the superintendent of documents shall supply one copy of said publi- cations in the same form as supplied to other depositories to each of said libraries. Sec. 98, Act of Jan. 12, 1895 (28 Stat. 624) . 126. Postage stamps for official use. The Secretaries, respectively, of the Departments of State, of the Treasury, War, Navy, and of the Interior, and the Attorney-General, are authorized to make requisitions upon the Postmaster- General for the necessary amount of official postage stamps for the use of their Departments, not ex- ceeding the amount stated in the estimates submitted to Congress; and upon presentation of proper vouchers therefor at the Treasury, the amount thereof shall be credited to the appropriation for the service of the Post-Office Department for the same fiscal year. Sec. 2, Act of Mar. 3, 1883 (22 Stat. 563). 127. Telegraph connecting Capitol with executive departments. The lines of telegraph, connecting the Capitol with the various De- partments in Washington, constructed under and by virtue of the act of Congress approved March third, eighteen hundred and sev- enty-three, entitled "An act makirig appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other purposes," be, and 1 Act of Mar. 15, 1898, 30 Stat. 316, is to tlie same effect. MILITARY LAWS OF THE UNITED STATES. 47 the same are hereby, placed under the supervision of the officer in charge of the public buildings and grounds; and that the said officer be authorized and empowered to make rules and regulations for the working of said lines. And the Secretary or head of each Ex- ecutive Department, and the Congressional Printer, are hereby authorized to detail one person from their present force of employees to operate the instruments in said Departments and Printing Office, and each House of Congress may provide for the employment of an operator in their respective wings of the Capitol, at a compensation not exceeding one hundred dollars per month, during the sessions of Congress. Act of Feb. 4, 1874 (18 Stat. 14). 128. Same Restrictions. Said lines of telegraph shall be for the use only of Senators, Members of ^Congress, Judges of the United States courts, and officers of Congress and of the Executive De- partments, and solely on public business. Act of Mar. 7, 1874 (18 Stat. 20). 129. Destroying, etc., public records. Whoever shall willfully and unlawfully conceal, remove, mutilate, obliterate, or destroy, or at- tempt to conceal, remove, mutilate, obliterate, or destroy, or, with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take or carry away any record, proceeding, map, book, paper, docu- ment, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both. Sec. 128, Act of Mar. 4, 1909, Criminal Code (35 Stat. mi). 130. Same By custodian. Whoever, having the custody of any record, proceeding, map, book, document, paper, or other thing specified in the preceding section, shall willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy any such rec- ord, proceeding, map, book, document, paper, or thing, shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both; and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States. Sec. 129, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1112). 131. Forging, etc., public records. Whoever shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid, or assist in the false making, altering, forging, or counterfeiting, any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter 48 MILITARY LAWS OF THE UNITED STATES. or publish as true, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, pub- lic record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited ; or shall transmit to, or present at, or cause or pro- cure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, pub- lic record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding the United States, shall be fined not more than one thousand dollars, or imprisoned not more than ten years, or both. Sec. 8, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1094). 132. Report to Congress Sale. Whenever there shall be in any one of the Executive Departments of the Government an accumula- tion of files of papers, which are not needed or useful in the trans- action of the current business of such Department and have no per- manent value or historical interest, it shall be the duty of the head of such Department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers. And upon the submission of such report, it shall be the duty of the presiding officer of the Senate to appoint two Senators, and of the Speaker of the House of Eepresentatives to ap- point two Eepresentatives, and the Senators and Representatives so appointed shall constitute a joint committee, to which shall be re- ferred such report, with the accompanying statement of the condi- tion and character of such papers, and such joint committee shall meet and examine such report and statement and the papers therein described, and submit to the Senate and House, respectively, a re- port of such examination and their recommendation. And if they report that such files of papers or any part thereof are not needed or useful in the transaction of the current business of such Depart- ment, and have no permanent value or historical interest, then it shall be the duty of such head of the Department to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notice inviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress. Act of Feb. 16, 1889 (25 Stat. 672). 133. Same. The act entitled "An act to authorize and provide for the disposition of useless papers in the Executive Departments," ap- proved February sixteenth, eighteen hundred and eighty-nine, is hereby amended so as to include in its provisions any accumulation of files of papers of a like character therein described now or here- after in the various public buildings under the control of the several MILITARY LAWS OF THE UNITED STATES. 49 Executive Departments of the Government. Act of Mar. #, 1895 (V8Stat.93S). 134. Subpoenas Depositions. Any head of a Department or Bu- reau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for a witness being within the jurisdiction of such court, to appear at a time and place in the subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross- interrogatories as may be submitted with the application, or to be orally examined and cross-examined upon the subject of such claim. Sec. 184, R. S. 135. Witness fees. Witnesses subpoenaed pursuant to the preced- ing section shall be allowed the same compensation as is allowed witnesses in the courts of the United States. Sec. 185, R. S. 136. Compelling testimony. If any witness, after being duly served with such subpoena, neglects or refuses to appear, or, ap- pearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, upon proper process, to enforce obedi- ence to the subpoena, or to punish the disobedience, in like manner as any court of the United States may do in case of process of subpoena ad testificandum issued by such court. Sec. 186, R. S. 137. Professional assistance. Whenever any head of a Department or Bureau having made application pursuant to section one hundred and eighty-four, for a subpoena to procure the attendance of a wit- ness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney- General, and of all facts necessary to enable the Attorney- General to furnish proper professional service in attending such examination, or mak ing such investigation, and it shall be the duty of the Attorney- General to provide for such service. Sec. 187, R. S. 138. Employment of legal services. No head of a Department shall employ attorneys or counsel at the expense of the United States, but shall, when in need of counsel or advice, call upon the Department of Justice, the officers of which shall attend to the same. Sec. 189, R. S. 139. Evidence furnished to Court of Claims. In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any Department, or any Bureau, officer, or agent of a Department, or where the matter or thing on which the claim is based has been passed upon and decided by any Department, Bureau, or officer authorized to adjust 48985 15 4 50 MILITAEY LAWS OF THE UNITED STATES. it, the Attorney- General shall transmit to such Department, Bureau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the Attorney-General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish the Attorney-General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, jthe statement shall succinctly state the reasons and prin- ciples upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically ; and if any previous interpretation or construction has been given to such act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and trans- mitted in each -case respectively. Sec. 188, R. 8. 140. Prosecution of claims ~by ex-employees. It shall not be lawful for any person appointed after the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employee in any of the Departments, to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pend- ing in either of said Departments while he was such officer, clerk, or employee, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employee. Sec. 190 s R. S. (See XVIII Opin. Att. Gen., 125, 136; XIX id., 328; XX id., 657.) CHAPTER III. THE DEPAETMENT OF WAR. Par. The War Department 141-162 Secretary of War, Department of War 141 Assistant Secretary of War 142 Absence or illness of Secretary of War 143 Assistant and chief clerk 144 Temporary absence of Secretary ofWar 145 Absence of bureau chiefs 146 Duties of the Secretary of War. . 147 Secretary of War custodian of department property, etc 148 Secretary of War to cause colors, etc., to be collected 149 Transports not to be sold without consent of Congress 150 Transport service not to be dis- continued without action of Congress United States vessels to be pre- ferred in transporting supplies, etc... 151 152 Par. The War Department Continued. Detail of employees to administer oaths 153 Superintendent of State, War, and Navy building -. . . . 154 Bureau of Insular Affairs 155 Chief of Bureau of Insular Affairs to rank as brigadier general... 156 Assistant, Bureau of Insular Af- fairs 157 Same 158 Same 159 Secretary of War authorized to deliver obsolete cannon to Volunteer and State Homes 160 No additional compensation 161 Secretary of War to determine and adjust claims for damages due to heavy gun fire, target practice, etc., in connection with maneuvers... . 162 141. Secretary of War Department of War. There shall be at the seat of Government an Executive Department to be known as the Department of War, and a Secretary of War, who shall be the head thereof. 1 Sec. 214, R. S. 142. Assistant Secretary of War. There shall be in the Depart- ment of War an Assistant Secretary of War, who shall be appointed by the President, by and with the advice and consent of the Senate, 1 The Department of War and the office of Secretary of War were created by the act of August 7, 1789 (1 Stat. 49). The powers and duties of the Secre- tary of War were defined in an ordinance of Congress dated January 27, 1785 (1 Stat. 49, note 5). The office of Secretary of War included that of Secre- tary of the Navy until April 30, 1798, when the Department of the Navy was established, and so much of the act of August 7, 1789, as imposed duties upon the Secretary of War in connection therewith was repealed (1 Stat. 553). For statutory provisions respecting a temporary vacancy in the office of Secre- tary of War see paragraphs 13 to 18, ante. 51 52 MILITARY LAWS Off THE UNITED STATES. and shall be entitled to a salary of four thousand five hundred dol- lars a year, payable monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law. 1 Act of Mar. 5, 1890 (26 Stat. 17). 143. Absence or illness of Secretary of War. The President may authorize and direct the Commanding General of the Army or the chief of any military bureau of the War Department to perform the duties of the Secretary of War under the provisions of section one hundred and seventy-nine of the Revised Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his tem- porarily performing such duties. Act of Aug. 5, 1882 (22 Stat. 238) . 144. Assistant and chief clerk. There shall be in the said Depart- ment an inferior officer, to be appointed by said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers appertaining to the said Department. Act of Feb. 27, 1877 (19 Stat. 2Jtl) , amending Sec. 215, R. S. (Now assistant and chief clerk. Act of May 11, 1908 (35 Stat. 213).) 145. Temporary absence of Secretary of War. When, from illness or other cause, the Secretary of War is temporarily absent from the War Department, he may authorize the chief clerk of the Depart- ment to sign requisitions upon the Treasury Department, and other papers requiring the signature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as if signed by the Secretary of War him- self. Act of Mar. 4, 187 ^ (18 Stat. 19). (For the general duties of chief clerks see Chapter II, ante.) 146. Absence of bureau chief. During the absence of the Quarter- master-General, or the chief of any military bureau of the War De- partment, the President is authorized to empower some officer of the department or corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster-General, or chief of department or corps, as the case may be, during such ab- x The act of August 5, 1882 (22 Stat. 237), authorizing the appointment of an Assistant Secretary of War was repealed by the act of July 7, 1884 (23 Stat 179), the power conferred by the act of August 5, 1882, never having been exercised. In the case of Ryan v. U. S., 136 U. S., 18, 80, it was held that the authority vested in the Secretary of War could in his absence be exercised by the officer who under the law became for the time Acting Secretary of War. The salary of the Assistant Secretary of War was increased to $5,000 by act of May 22, 1908 (35 Stat. 213). MILITAEY LAWS OF THE UNITED STATES. 53 sence. 1 Sec. 113%, R. 8., as amended by the Act of Feb. 5, 1877 (19 Stat. 242). 147. Duties of the Secretary of War. The Secretary of War shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to military commissions, the military forces, the warlike stores of the United States, or to other matters respecting military affairs ; and he shall conduct the business of the Department in such manner as the President shall direct. 2 Sec. 216, E. S. (see sees. 3660-3665, 3669, R. S.}. 148. Secretary of War custodian of department property, etc. The Secretary of War shall have the custody and charge of all the books, records, papers, furniture, fixtures, and other property apper- taining to the Department. Sec. 217, R. S. 'This section contains the substance of section 5 of the act of July 4, 1836 (5 Stat. 117), which was passed in order to enable Q. M. Gen. Thos. S. Jesup to exercise command of the troops engaged in the prosecution of the Florida war. General Jesup served under this assignment from May 19, 1836, to July 7, 1838, when he resumed the performance of his duties as Quartermaster- General in the War Department. 2 The Secretary of War is the regular constitutional organ of the President for the administration of the Military Establishment of the Nation; and rules and orders publicly promulgated through him must be received as the acts of the Executive and, as such, be binding upon all within the sphere of his legal and constitutional authority. Such regulations can not be questioned or defied because they may be thought unwise or mistaken. The right of so consider- ing and treating the authority of the Executive, vested as it is with the com- mand of the military and naval forces, could not be intrusted to officers of any :rade inferior to the Commander in Chief; its consequence, if tolerated, would be a complete disorganization of both the Army and Navy. (U. S. v. Eliason, 16 Pet., 291, 302; Wilcox v. Jackson, 13 Pet, 498, 513; Wolsey v. Chapman, 101 U. S., 755; Runkle v. U. S., 122 U. S., 543, 557; U. S. v. Adams, 7 Wall., 463.) The Secretary of War is not required to perform duties in the field. He does not compose any part of the Army, and has no service to perform that may not be done at the seat of government. (I Opin. Att. Gen., 457; U. S. v. Burns, 12 Wall., 246; see also note 2 to par. 5, and the title Bridges over the navigable waters of the United States, in the chapter entitled " The Corps of Engineers." ) Duties imposed ~by statute. In addition to his duties as the constitutional organ of the President for the administration of the Military Establishment, the Secretary of War is, by other statutes, charged with the supervision of the administration of the several bureaus or offices of the War Department, their estimates, contracts, expenditures, reports, and returns being under his sole direction and control. He has also been charged, from time to time, with the execution of laws relating to national cemeteries, the Soldiers' Home, the National Home for Disabled Volunteer Soldiers, the military prison, the detail of officers to colleges, the distribution of relief to sufferers by fire, flood, or by the failure of crops, due to drought or other causes, the construction and opera- tion of canals, roads, and lines of telegraph, the location and construction of bridges over the navigable waters of the United States, of railroads through the public lands, the protection of settlers and emigrants, the establishment of harbor lines, the adjustment of claims, the establishment and maintenance of national military parks, and the location, marking, and preservation of lines of battle on the battlefields of the Civil War. Since the act of June 28, 1864, all statutes authorizing the construction of works of river and harbor improve- ment have contained the provision that the sums appropriated shall' be ex- pended under his direction. The Military Academy and the schools of applica- tion at Willets Point, Fortress Monroe, and at Forts Leavenworth and Kiley are also carried on under the immediate supervision of the Secretary of War. By the act of April 10, 1878, the Secretary of War is authorized to prescribe rules and regulations to be observed in the preparation, submission, and opening of bids for contracts under the War Department. 54 MILITARY LAWS OF THE UNITED STATES. 149. Secretary of War to cause colors, etc., to be collected. The Secretary of War shall from time to time cause to be collected and transmitted to him, at the seat of government, all such flags, stand- ards, and colors as are taken by the Army from the enemies of the United States. Sec. 218, R. S. 150. Transports not to l>e sold without consent of Congress. No steamship in the transport service of the United States shall be sold or disposed of without the consent of Congress having been first had or obtained. Act of Mar. 2, 1903 (32 Stat. 938). 151. Transport service not to be discontinued without action of Congress. No action looking to the discontinuance of the transport service shall be taken without further action of Congress. Id. 152. United /States vessels to be preferred in transporting supplies, etc. Vessels of the United States, or belonging to the United States, and no others, shall be employed in the transportation by sea of coal, provisions, fodder, or supplies of any description, pur- chased pursuant to law, for the use of the Army or Navy unless the President shall find that the rates of freight charges by said vessels are excessive and unreasonable, in which case contracts shall be made under the law as it now exists: Provided, That no greater charges be made by such vessels for transportation of articles for the use of the said Army and Navy than are made by such vessels for transportation of like goods for private parties or companies. Act of Apr. 28, 1904 (33 Stat. 518}. 153. Detail of employees to administer oaths. The Secretary of War is authorized to detail one or more of the employees of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. Sec. 225, R. S. 154. Superintendent of State, War, and Navy building. The President is hereby authorized and directed to designate from the Engineer Corps of the Army or the Navy, an officer well qualified for the purpose, who shall be detailed to act as superintendent of the completed portions of the State, War, and Navy Department build- ing, under direction of the Secretaries of State, War, and Navy, who are hereby constituted a commission for the purposes of the care and supervision of said building, as hereinafter specified. Said officer shall have charge of said building, and all the engines, ma- chinery, steam and water supply, heating, lighting, and ventilating apparatus, elevators, and all other fixtures in said building, and all necessary repairs and alterations thereof, as well as the direction and control of such force of engineers, watchmen, laborers, and MILITARY LAWS OF THE UNITED STATES. 55 others engaged about the building or the apparatus under his super- vision; of the cleaning of the corridors and water closets; of the approaches, side-walks, lawns, court-yards, and areas of the build- ing, and of all rooms in the sub-basement which contain the boilers and other machinery, or so much of said rooms as may be indispen- sable to the proper performance of his duties as herein provided. 1 Act of Mar. 3, 1883 (88 Stat. 553). 155. Bureau of Insular Affairs. The Division of Insular Affairs of the War Department, -organized by the Secretary of War, is hereby continued until otherwise provided, and shall hereafter be known as the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall embrace all matters per- taining to civil government in the island possessions of the United States subject to the jurisdiction of the War Department; and the Secretary of War is hereby authorized to detail an officer of the Army whom he may consider especially well qualified, to act under the authority of the Secretary of War as the chief of said Bureau; and said officer while acting under said detail shall have the rank, pay, and allowances of a colonel. Sec. 87, Act of July 1, 1902 (32 Stat. 712). 156. Chief of Bureau of Insular Affairs to rank as brigadier gen- eral. The Chief of the Bureau of Insular Affairs of the War De- partment shall hereafter be appointed Uy the President for the period of four years, unless sooner relieved, with the advice and consent of the Senate, and while holding that office he shall have the rank, pay, and allowances of a brigadier general. Act of June 25, 1906 (34 Stat. 456). 157. Assistant, Bureau of Insular Affairs. The Secretary of War is hereby authorized to detail an officer of the Army, whom he may consider especially well qualified, to act as principal assistant to the Chief of the Bureau of Insular Affairs of the War Department, and said principal assistant while acting under said detail shall have the rank, pay, and allowances of a major. Act of Mar. 2, 1907 (34 Stat. 1162). 158. Same. The provisions of section twenty-seven of the Act of February second, nineteen hundred and one, with reference to the transfer of officers of the line to the departments of the staff for tours of service, shall apply to the vacancy created by this Act and to the return of the officer so detailed to the line of the Army. Id. 159. Same. The Secretary of War is hereby authorized to detail one additional officer of the army as assistant to the Chief of the 1 The Mills Building and the Navy Department Annex are also under the charge of the Superintendent of the State, War, and Navy building. (Act of May 22, 1908, 35 Stat. 218.) 56 MILITARY LAWS OF THE UNITED STATES. Bureau of Insular Affairs, under the same provisions of law in re- gard to the vacancy in the line thus created and return to the line as govern in the case of the assistant authorized by the Act of March second, nineteen hundred and seven; and the assistant herein au- thorized while serving in this capacity shall have the rank, pay, and allowances of colonel; and both officers detailed in the Bureau of Insular Affairs shall hereafter be designated, while on this duty, as assistants to the chief of the bureau. Act of Mar. 23, 1910 (36 Stat. 248). 160. Secretary of War authorized to deliver obsolete cannon to Volunteer and State Homes. The Secretary of War * * * is authorized and directed, subject to such regulations as he may pre- scribe, to deliver to any of the " National Homes for Disabled Vol- unteer Soldiers" already established or hereafter established and to any of the State Homes for soldiers and sailors or either now or hereafter duly established and maintained under State authority, such obsolete serviceable cannon, bronze or iron, suitable for firing salutes, as may be on hand undisposed of, not exceeding two to any one Home. Act of Feb. 8, 1889 (25 Stat. 657). 161. No additional compensation. Hereafter it shall be unlawful to allow or pay to any of the persons designated in this act any addi- tional compensation from any source whatever, or to retain, detail, or employ in any branch of the War Department in the city of Washington any persons other than those herein authorized, 1 ex- cept in the Signal Offices and the Engineer Corps, and except such commissioned officers as the Secretary of War may, from time to time, assign to special duties. Act of June 0, 1874 (18 Stat. 101). 162. Secretary of War to determine and adjust claims for damages due to heavy gun fire, target practice, etc., in connection with maneuvers. That hereafter the Secretary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occa- sioned by heavy gun fire and target practice of troops, and for dam- ages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Govern- ment is responsible, and report the amounts so ascertained and deter- mined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor. Act of Aug. 24, 1912 (37 Stat. 586). 1 The act specifies the number of clerks who may be employed in the War Department. Since 1874 the number of clerks has been changed by legislation, but the general rule set forth above would appear to be still in force. CHAPTER IV. PROVISIONS APPLICABLE TO SEVERAL CLASSES OF OFFICERS. Par. The civil service 163-177 President to establish civil- service regulations 163 Appointments to civil office; preferences 164 Recommendation of military persons for private employ- ment 165 Examination for the civil service 166 Salaries 167 Same 168 Persons drawing $2,500 yearly compensation not to hold second office _ 169 Par. The civil service Continued. No extra allowances for dis- bursing money, etc 170 Lalse entry by officer or agent- 171 Officers, etc., not to solicit or receive political contribu- tions 172 Same 173 Same 174 Same 175 Same, penalty 176 No officer or clerk to solicit for gift to superior 177 163. President to establish civil service regulation. The President is authorized to prescribe such regulations for the admission of per- sons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of the service into which he seeks to enter ; and for this pur- pose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service. 1 Sec. 1753, R. S. 1 Neither section 1753, Revised Statutes, nor the civil service act of January 16, 1883 (22 Stat. 403), puts any restrictions upon the power of removal from appointive offices except for refusal to contribute to political funds or neglect to render political service; hence Presidential Rule II, relating to the civil serv- ice and providing (as amended July 27, 1897), that no removal shall be made without giving the accused notice and an opportunity to make defense, has no such authority at law as confers upon the holder of an office a vested right thereto, with the right to invoke the equitable power of the courts to restrain his removal therefrom in violation of such rule. (Page et al. v. Moffett, 85 Fed. Rep., 38. See, also, as to the equitable jurisdiction of the Federal courts, In re Sawyer, 124 U. S., 200, and World's Columbian Exp. v. U. S., 18 U. S. App., 159, 6 Circ. Ct. App., 71, 56 Fed. Rep., 667; Butler v. White, 83 id., 578; Carr v. Gordon, 82 id., 373.) 57 58 MILITARY LAWS OF THE UNITED STATES. 164. Appointments to civil office; preferences. Persons honor- ably discharged from the military or naval service by reason of dis- ability resulting from wounds or sickness incurred in the line of duty shall be preferred for appointments to civil service offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. Sec. 1754, R. S. 165. Recommendation of military persons for private employ- ment. In grateful recognition of the services, sacrifices, and suffer- ings of persons honorably discharged from the military and naval service of the country, by reason of wounds, disease, or the expira- tion of terms of enlistment, it is respectfully recommended to bank- ers, merchants, manufacturers, mechanics, farmers, and persons en- gaged in industrial pursuits, to give them the preference for appoint- ments to remunerative situations and employments. Sec. 1755, R. S. 166. Examination for the civil service. After the expiration of six months from the passage of this act no officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in con- formity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferrd by the seventeen hundred and fifty- fourth section of the Revised Statutes * nor to take from the President any authority not inconsistent with this act conferred by the seven- teen hundred and fifty-third section of said statutes; nor shall any officer not in the executive branch of the Government, or any person merely employed as a laborer or workman, be required to be classi- fied hereunder ; nor, unless by direction of the Senate, shall any per- son who has been nominated for confirmation by the Senate be re- quired to be classified or to pass an examination. Sec. 7, Act of Jan. 16,1883 (22 Stat. 406). 167. Salaries. No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary, in any office when the office is not authorized by some pre- viously existing law, unless such office is subsequently sanctioned by law. Sec. 1760, R. S. 168. Same. No money shall be paid from the Treasury, as salary, to any person appointed during the recess of the Senate to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been con- firmed by the Senate. Sec. 1761, R. S. (^Paragraphs 163 and 164 ante.] MILITARY LAWS OF THE UNITED STATES. 59 169. Persons drawing $%,500 yearly compensation not to hold second office. No person who holds an office the salary or annual compensa- tion .attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office 'to which compensation is attached unless specially heretofore or here- after specially authorized thereto by law ; but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office, by and with the advice and consent of the Senate. 1 Sec. 2, act of July 31, 1894 (8 Stat. 06). 1 The traditions and usages of the United States recognize the policy and propriety of employing, when necessary, the same person at the same time in two distinct capacities. Not to mention other familiar cases, there are the prominent examples of the diplomatic mission of Mr. Jay to England, under President Washington, while he was still Chief Justice of the United States ; of the mission of Mr. Gallatin to London and St. Petersburg, to negotiate a peace, while Secretary of the Treasury under President Madison ; and of Mr. Justice Nelson, sitting ns a member of the commission which concluded the treaty of Washington, under President Grant. On the other hand, it is the undoubted aim of general legislation respecting salaries to gauge the work so as to give full employment to the capacities of the man likely to be appointed to do it, and to measure the pay according to the work. In construing statutes restraining the Executive from giving dual or extra compensation, courts have aimed to carry out the legislative intent by giving them sufficient flexibility not to injure the public service and sufficient rigidity to prevent Executive abuse. (Laudram v. IT. S., 16 Ct. Cls., 74, 82.) The great object has been to establish by law the com- pensation for public services, whether in offices or agencies, where the nature and character of the duties to be performed were sufficiently known and definite to enable Congress to form an estimate of its value and not leave it to the discre- tion of the head of an Executive Department. * * * These sections " can by no fair interpretation be held to embrace an employment which has no affinity or connection, either in its character or by law or usage, with the line of his official duty, and where the service to be performed is of a different char- acter and for a different place and the amount of compensation is regulated by law. * * * The just and fair inference from these acts of Congress taken to- gether is that no discretion is left to the head of a Department to allow an officer, who has a fixed compensation, any credit beyond his salary, unless the service he has performed is required by existing laws and the remuneration for them is fixed by law." (Converse v. U. S., 21 How., 463, 470, 473; U. S. v. Brindle, 110 U. S., 688, 694; U. S. v. Shoemaker, 7 Wall., 338; Meigs v. U. S., 19 Ct. Cls., 497; XV Opin. Att. Gen., 608; 1 Comp. Dec., 286; 2 id., 33; Cros- thwaite v. U. S., 30 Ct. Cls., 300.) A question having arisen as to the payment of a per diem to the members and certain employees of the Bering Sea Tribunal of Arbitration, it was held : As to Justice Harlan and Senator Morgan, that the terms of section 1763 of the Re- vised Statutes, as amended by the act of July 31, 1894 (28 Stat. 205), did not apply, as they had been appointed to separate and distinct offices not incompati- ble with the offices of justice of the Supreme Court, Senator of the United States, and retired judge. Payments to them were therefore allowed. (U. S. v. Saunders, 120 U. S., 126.) As to Senator Morgan, it was held that member- ship of a tribunal of arbitration did not constitute the holding of office under the authority of the United States under Article I. section 6, of the Constitution, and that Senator Morgan was not thereby prohibited from sitting thereon. The payment of per diem allowances to clerks and other regular employees of the United States, who had been detailed from the several Executive Departments to assist the tribunal in its labors, was held to be unauthorized under section 1765 of the Revised Statutes Held, under this section, that a major and pay- master of the Army detailed as disbursing officer of the Bering Sea Tribunal of Arbitration at Paris, could not receive any other allowances or emoluments than 60 MILITARY LAWS OF THE UNITED STATES. 170. No extra allowances for disbursing money, etc. No officer 1 in any branch of the public service, or any other person whose salary, pay, 2 or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law and the appropriation therefor explicitly states that it is for such addi- tional pay, extra allowance, or compensation. 3 Sec. 1765, R. 8. 171. False entry ~by officer or agent. Whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United States and, being charged with the duty of keeping accounts or records of any kind, shall, with intent to deceive, mislead, injure, or defraud the United States or any person, make in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing; or whoever, being an officer, clerk, agent, or other person holding any office or employ- ment under the Government of the United States and, being 'charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, shall, with like intent, make a false report of such moneys or securities, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing, shall be fined not more than five those specified in this section as allowance to officers of the Army. (Comp. Dec., 1893-94, 275.) A compensation for extra services, where no certain allowance is fixed by law, can not be paid by the head of a Department to any officer of the Government who has, by law, a certain compensation in the office he holds. (X Opin. Att. Gen., 31.) The various provisions of law forbidding extra allowance or addi- tional pay for extra service imply extra-service pay or allowance in the same office, not distinct service in distinct offices. (VIII Opin. Att. Gen., 325.) Where the service is one required by law, but not of any particular official, and compensation therefor is fixed by competent authority, and is appropriated, any officer who, under due authorization, performs the service is entitled to the com- pensation. (XV Opin. Att. Gen., 608. See also Converse, adrnr., v. U. S., 21 How., 463; U. S. v. Shoemaker, 7 Wall., 338; Stansbury v. U. S., 8 Wall., 33; XIX Opin. Att. Gen., 121.) But see for exception, section 7, act of June 3, 1896 (29 Stat. 235.) *An officer is one who is invested with an office, and an office is authority, granted by law, to exercise a function of Government. An employee is one who is employed under a contract to perform personal service. An office is distin- guished from a public employment by the fact that in the one case the authority to perform a public service is derived from the law, while in the other it is derived from a contract. IV Comp. Dec., 696. a Salary is fixed when it is at a stipulated rate for a definite period of time ; pay or emolument is fixed when the amount is agreed upon and the service is defined. Hedrick v. U. S., 16 Ct. Cls., 88. 3 The provisions of section 1765, Revised Statutes, which prohibit the pay- ment of additional compensation, apply to two classes of persons only, viz, officers in the public service and employees whose compensation is fixed by law or regulations. IV Comp. Dec., 696. See, also, id., 424. MILITARY LAWS OF THE UNITED STATES. 61 thousand dollars, or imprisoned not more than ten years, or both. Act of Mar. 4, 1911 (36 Stat., 1355}. 172. Officer, etc., not to solicit or receive political contributions. No Senator or Representative in, or Delegate or Resident Commis- sioner to Congress, or Senator, Representative, Delegate, or Resident Commissioner elect, or officer or employee of either House of Con- gress, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any as- sessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. Sec. 118, Act of Mar. 4, 1909, Crim- inal Code (35 Stat. 1110) . 173. Same. No person shall, in any room or building occupied in the discharge of official duties by any officer or eniployee of the United States mentioned in the preceding section, or in any navy- yard, fort, or arsenal, solicit in any manner whatever or receive any contribution of money or other thing of value for any political purpose whatever. Sec. 119, id. 174. Same. No officer or employee of the United States mentioned in section one hundred and eighteen, shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. Sec. 120, id. 175. Same. No officer, clerk, or other person in the service of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of or Delegate to Congress, or Resi- dent Commissioner, any money or other valuable thing on account of or to be applied to the promotion of any political object what- ever. Sec. 181, id. 176. Same; Penalty. Whoever shall violate any provision of the four preceding sections shall be fined not more than five thousand dollars, or imprisoned not more than three years, or both. Sec. 122, id. 177. No officer or cleric to solicit for gift to superior. No officer, clerk, or employee in the United States Government employ shall at any time solicit contributions from other officers, clerks, or em- 62 MILITARY LAWS OF THE UNITED STATES. ployees in the Government service for a gift or present to those in a superior official position; nor shall any such officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who violates this section shall be summarily dismissed from the Government employ. 1 Sec. 178^ R. S. 1 This section was held to be constitutional by the Supreme Court in Ex parte Curtis, 106 U. S., 371. CHAPTER V. THE TREASURY DEPARTMENT THE ACCOUNTING OFFICERS. Pa Treasury Department 178-1185 1 Treasurer of the United States. . 178 Same, duties of 179 Assistant treasurers 180 Mints certain mints to be de- positories and certain superin- tendents to be assistant treas- urers 181 Depositories designated by Sec- retary of Treasury 182 Annual reports of Treasurer, etc., as to balances of disbursing officers' accounts remaining unchanged for three years 183 Deposit and safe-keeping of pub- lic funds 184 Duties of fiscal agents 185 Appropriations 186-194 Constitutional provision 186 Application 187 Expenditures not to exceed ap- propriations 188 Same 189 Commissions expenditures for. 190 Balances, disposition of after two years 191 Same 192 Same application of 193 Fiscal year, character of appro- priations, exceptions 194 Accounts 195-199 Fiscal year 195 Transmittal of accounts to Wash- ington and to auditors 196 Rules for administrative exami- nation of accounts 197 Administrative examination of accounts 198 Officers delinquent in rendering accounts.. . 199 Par. Comptroller of the Treasury 200-203 Forms of keeping and rendering accounts to be prescribed by.. 200 Authorized to direct settlement of particular accounts 201 Decisions to govern in settle- ments 202 Recovery of money, institution of suits for 203 Auditors of the Treasury 204-219 Auditors for the War and Navy Departments, duties 204 Auditors for the War Depart- ment, duties 205 Recovery of debts, superintend- ence of 206 Balances, when certified, final, except that they are subject to revision by Comptroller 207 Acceptance of payment under settlement 208 Decisions construing statutes to be revised by Comptroller 209 Preservation of accounts 210 Settlements not to be reopened. . 211 Accounts of Government officers in the District of Columbia ac- cessible to accounting officers . 212 Accounts of line officers, settle- ment of 213 Evidence of honorable discharge to be returned to officers and enlisted men 214 Claims and accounts, settlement of 215 Claims allowed to be reported to Congress 216 Claims for property lost or de- destroyed 217 63 64 MILITARY LAWS OF THE UNITED STATES. Auditors of the Treasury Contd. Par. Claims of volunteers who served during Spanish War 218 No deduction for attorneys' fees. 219 Conspiracy to defraud the Govern- ment, purchase of arms, equip- ments, etc., from soldiers 220 Debts due the United States. . . . 221-223 Priority of 221 Liability of executors, etc 222 Priority of surety who has paid the amount due on the bond of an insolvent principal 223 Distress warrants 224-236 Distress warrants 224 Contents 225 Execution, against officer 226 Same, against surety 227 Amount of levy a lien 228 Lands to be sold 229 Disposal of surplus moneys 230 Distress warrants to be issued, when and by whom 231 Same to be issued against all delinquent fiscal officers and their sureties 232 Same Postponement 233 Bill of complaint, injunction by U. S. District Court.. . 234 Distress warrants Continued. Par. Injunction by U. S. Circuit Court 235 Rights of United States not im- paired 236 Miscellaneous provisions 237-244 Requisitions, warrants, advances. 237 Compromise of claims 238 Set-off 239 Assignments of claims, powers of attorney 240 Checks outstanding three years or more to be covered into the Treasury as ''Outstanding lia- bilities" 241 Outstanding liabilities 242 Payment of checks the amounts of which have been covered into "Outstanding liabilities" 243 Balances of disbursing officers' accounts remaining unchanged for three years to be covered into the Treasury 244 Lost checks issuance of duplicates . 245 Certification of Treasury records, transcripts 246 Certain transcripts to be admitted in evidence 247 Special agents, employment of 248 178. Treasurer of the United States. There shall be in the Depart- ment of the Treasury a Treasurer of the United States, who shall be appointed by the President, by and with the advice and consent of the Senate, * * *. Sec. 301, R. S. 179. Same Duties of. The Treasurer shall receive and keep the moneys of the United States, and disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comp- troller, and not otherwise. He shall take receipts for all moneys paid by him, and shall give receipts for all moneys received by him ; and all receipts for moneys received by him shall be indorsed upon warrants signed by the Secretary of the Treasury, without which warrant, so signed, no acknowledgment for money received into the public Treasury shall be valid. He shall render his accounts to the [Auditor for the Treasury Department] quarterly, or oftener if required, and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall at all times submit to the Secre- tary of the Treasury and the Comptroller, or either of them, the inspection of the moneys in his hands. Sec. 305, R. $., as amended ly Sec. 11, Act of July 31, 1894 (% MILITARY LAWS OF THE UNITED STATES. 65 180. Assistant treasurers. There shall be assistant treasurers of the United States, appointed from time to time by the President, by and with the advice and consent of the Senate, to serve, for the term of four years, as follows: One at Boston. One at New York. One at Philadelphia. One at Baltimore. One at New Orleans. One at Saint Louis. One at San Francisco. One at Cincinnati. *- One at Chicago. Sec. 3595, R. 8. 181. Mints Certain mints to ~be depositories, and certain superin- tendents to be assistant treasurers. The mints at Carson City, and at Denver, and the assay office at Boise City, shall be places of de- posit for such public moneys as the Secretary of the Treasury may direct. Sec. 3592, R. S. The superintendent of the mint at Carson City, and the superin- tendent of the assay office at Boise City, shall be assistant treasurers of the United States, and shall respectively have the custody and care of all public moneys deposited therein, and shall perform all the duties required of them in reference to the receipt, safe-keeping, transfer, and disbursement of all such moneys, as provided by law. Sees. 359%, 3594, R. S. 182. Depositories designated ~by Secretary of Treasury. All na- tional banking associations, designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, except receipts from customs, under such regulations as may be prescribed by the Secretary, but receipts derived from duties on imports in Alaska, the Hawaiian Islands, and other islands under the jurisdiction of the United States may be deposited in such de- positaries subject to such regulations; and such depositaries may also be employed as financial agents of the Government; and they shall perform all such reasonable duties as depositaries of public moneys and financial agents of the Government as may be required of them. The Secretary of the Treasury shall require the associa- tions thus designated to give satisfactory security, by the deposit of United States bonds and otherwise, for the safe-keeping and prompt payment of public money deposited with them, and for the faithful performance of their duties as financial agents of the Government. And every association so designated as receiver or depositary of the public money shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid 48985 15 5 66 MILITARY LAWS OF THE UNITED STATES. into the Government for internal revenue or for loans or stocks. Sec. 5153, R. S., as amended $y Act of Mar. 3, 1901 (31 Stat. 1448) . The Secretary of the Treasury is hereby authorized to designate one or more banks or bankers in the Philippine Islands and in the islands of Cuba and Porto Eico in which public moneys may be deposited: Provided, That the banks or bankers thus designated shall give satisfactory security for the safe- keeping and prompt payment of the public moneys so deposited by depositing in the Treasury United States bonds to an amount not less than the aggre- gate sum at any time on deposit with such banks or bankers: And provided further, That this act shall apply to Cuba only while occu- pied by the United States. Act of June 6, 1900 (31 Stat. 658) . 183. Annual reports of Treasurer, etc., as to balances of disbursing officers accounts remaining unchanged for three years. The Treas- urer, each assistant treasurer, and each designated depositary of the United States, and the cashier of each of the national banks designated as such depositaries, shall, at the close of business on every thirtieth day of June, report to the Secretary of the Treas- ury the condition of every account standing, as in the preceding sec- tion specified, 1 on the books of their respective offices, stating the name of each depositor, with his official designation, the total amount remaining on deposit to his credit, and the dates, respec- tively, of the last credit and the last debit made to each account. And each disbursing officer shall make a like return of all checks issued by him, and which may then have been outstanding and unpaid for three years and more, stating fully in such report the name of the payee, for what purpose each check was given, the office on which drawn, the number of the voucher received therefor, the date, number, and amount for which it was drawn, and, when known, the residence of the payee. Sec. 310, R. S. 184. Deposit and safe-keeping of public funds. In places * * * where there is no treasurer or assistant treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to pub- lic creditors. Sec. 3620, R. S. 185. Duties of fiscal agents. The Treasurer of the United States, all assistant treasurers, and those performing the duties of assistant treasurer, all collectors of the customs, all surveyors of the customs, acting also as collectors, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever 1 See par. 244, post. MILITARY LAWS OF THE UNITED STATES. 67 character, are required to keep safely, without loaning, using, depos- iting in banks, or exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper Department or officer &f the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regu- lation of the Treasury Department made in conformity to law. The President is authorized, if in his opinion the interest of the United States requires the same, to regulate, and increase the sums for which bonds are, or may be, required by law, of all district attorneys, col- lectors of customs, naval officers, and surveyors of customs, navy agents, receivers and registers of public lands, paymasters in the Army, Commissary-General, and by all other officers employed in the disbursement of the public moneys, under the direction of the War or Navy Departments. Sec. 3639, R. $./ see also sees. 5489-5497, R.S. 186. Constitutional provision. No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law ; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. Art. /, Sec. 9, clause 7 of the Constitution of the United States. 187. Application. All sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others. 1 Sec. 3678, R. S. 1 An appropriation by Congress of a given sum of money for a named purpose is not the designation of a specific fund for that purpose, but simply a legal authority to apply so much of any money in the Treasury to the indicated object. Every appropriation for the payment of a particular demand, or a class of demands, necessarily involves and includes the recognition by Con- gress of the legality and justice of each demand and is equivalent to an ex- press mandate to the Treasury officers to pay it. This recognition is not affected by any previous adverse action of Congress, for the last expression by that body supersedes all such previous action. (Hukill v. U. S., 16 Ct. Cls., 562, 585.) When an appropriation has been made by Congress for a general purpose, contemplating a multitude of acts to be done by the Department, its agency is general within those limits. (Leavitt v. TJ. S., 34 Fed. Rep., 623.) When an alleged liability of the Government rests wholly upon an appropriation, they must stand or fall together, so that when the latter is exhausted the former comes to an end. (Shipman v. U. S., 18 Ct. Cls., 138.) The disposition of public money is in the discretion of Congress, and its rea- sons for passing an act of appropriation and the consideration thereof can not be inquired into nor its will thwarted by any executive officers or by the courts (Mumford v. U. S., 31 Ct. Cls., 210, 215; Jordan v. U. S., 19; Id., 108; 113 U. S., 418.) In view of the requirements of this section a disbursing officer is not authorized to use public moneys advanced to him from one appropriation in the payment of liabilities arising under another appropriation. (IV Comp. Dec., 569.) Administrative discretion in expenditures. Ordinarily, where discretionary power is lodged in a judicial officer, his decision is not reviewable save by the 68 MILITARY LAWS OF THE UNITED STATES. 188. Expenditures not to exceed appropriations. No Executive Department or other Government establishment of the United States shall expend, in any one fiscal year, any sum in excess of appropria- court of which he is a member, and then only when there has been a clear abuse of the discretion committed to him. Far more cogent reasons exist why this rule should be applied to administrative officers, who are empowered to use their discretion as to the manner in which public moneys shall be expended, for great embarrassment and confusion might result if officers in one Executive Department could sit in judgment upon the decisions of the officers of another Executive Department in cases involving the exercise of judgment and dis- cretion. (Ill Comp. Dec., 21.) Wherever the exercise of discretion by the War Department in disbursing moneys appropriated for the support of the Army is permitted by a statute, the manner in which such discretion has been exercised is a matter of administration with which the accounting officers have no concern. It is the province of the military authorities to determine the needs of a given military depot or post and the quantity of a specified article to be allotted to said depot or post, while it is the province of the accounting officers to determine whether or not Congress has made an appropriation cov- ering a specific expenditure, or whether or not such expenditure was made in conformity with law. (Id., 21.) The degree of wisdom displayed in the ex- ercise of the discretion given an officer of the Army, under the authority of the Secretary of War, is not a subject for review by the accounting officers. If the officer is responsible for his action in the premises to anyone, it is to the source from which he derived his authority. (Id., 22.) The evidence required by the War Department from the disbursing officers and agents of the Army for administrative purposes is a matter peculiarly within the jurisdiction of the Secretary of War. (Id., 497.) When Congress makes an appropriation for a particular object, that appro- priation is exclusive, and another appropriation which but for the specific ap- propriation might be available can not be used. (Id., 563.) When one appro- priation is available for a specific object a second appropriation can not be used for the same work, unless from the second appropriation it clearly appears that it was the intention of Congress that such second appropriation should be available in addition to the specific appropriation. (Id., 417.) When an ap- propriation to which an expense is properly chargeable is exhausted, another appropriation can not be used. (Id., 492.) Pecuniary responsibility of officers. Where purchases of army supplies are made in pursuance of an order issued by competent military authority, said order, or a certified copy thereof, should be filed with the first voucher on which payment for supplies is made and reference be made thereto on all the others. (Id., 287.) Where there is a plain direction or prohibition spread upon the statute books, which is as well known to the inferior as to a superior officer, it is clearly binding upon both officers, and unless it can be affirmatively shown that the inferior called the attention of the superior to the infringement of law in the order, and that thereupon the superior renewed the order, the inferior officer must be held liable. (Ill Dig. Dec. 2d Comp., 9, par. 3.) It is the duty of the disbursing officer to exercise the utmost care and vigilance in the disbursement of the public funds intrusted to him, and it is his imperative duty to see that the entire amount claimed is due and that payment thereof is fully warranted from the data given on the muster roll or final statement. If the information is not sufficient he must seek for more. He can not protect himself, in an erroneous payment made without due care, by charging a similar lack of care against the officer who gave the certificate. (Id., 10, par. 9. See also pars. 653 and 654, A. R., 1913.) The word " voucher " can not be construed as synonymous with the word " receipt," it having a far broader signification in law. Any written evidence which establishes facts entitling a disbursing officer to credit is a voucher. " The word ' voucher ' would seem to imply evidence, written or otherwise, of the truth of a fact." (The People v. Green, 5 Daly, N. Y., 194; III Comp. Dec., 378.) Money vouchers. The term " voucher," when used in connection with the disbursement of moneys, implies some written or printed instrument in the nature of a receipt, note, account, bill of particulars, or something of that character, which shows on what account or by what authority a particular payment has been made, and which may be kept or filed away, by the party MILITARY LAWS OF THE UNITED STATES. 69 tions made by Congress for that fiscal year, or involve tiie Govern- ment in any contract or other obligation for the future payment of money in excess of such appropriations unless such contract or obli- receiving it, for his own convenience or protection, or that of the public. (People v. Brinkerhoff 107, 111., 495.) The presentation by a disbursing officer of a voucher properly receipted by the person entitled to payment is but prima facie evidence of actual payment by him, and will not entitle him to credit unless the amount has been actually paid to the proper person or his representative. (I Compt. Dec. 228.) The receipt of a witness to a pay roll is valid although written with a pencil, and not with ink, as required by the regulations and practice of the Department. (Id., 419.) What shall be considered proper vouchers and the extent and character of the evidence necessary to support a claim must, of course, depend upon the circumstances of each case. I think, however, that the term " proper vouchers " must be construed to mean the voucher s*ordinarily required in the transaction of business of this character. Presumptions should not be accepted in the place of proof where the latter can be procured. (V Comp. Dec., 140. See, also, VI id., 14, 97.) Every voucher signed on behalf of any person, firm, or corporation by an agent or attorney should bear the name of the proper firm, person, or corpora- tion, followed by the name of the agent or attorney. (Ill Dig. 2d Comp. Dec., 379.) Under a resolution of the executive committee of the Western Union Tele- graph Company passed November 24, 1886, any person in charge of any Office of said company is authorized to receive and receipt for payments to said company, and receipts by such persons for such payments are to be held as binding upon said company. (Id.) An order from the court appointing a receiver and showing his authority to act as such should be filed with or referred to in every voucher or claim pre- sented by him for payment. (Id., 378.) Receipts for small amounts for occasional service paid to corporations, such as railroad, telegraph, turnpike, transfer, express, steamboat, hotel, newspaper, and ice companies, may be signed by the local agent in charge of the business of the company at the place where the service is rendered, or where it begins or terminates, and the certificate of the officer making payment that the person to whom payment was thus made was then the local agent of the company, in charge of its business at the place designated, will be sufficient evidence of the agent's authority to receive and receipt for the money paid. (Id.) The term " small amounts," as used in the Second Comptroller's decision of March 14, 1887, applies only to occasional payments of amounts deemed too insignificant to justify the Government in demanding written evidence of an agent's authority to receive and receipt for moneys, in accordance with the general rule. (Id.) All vouchers in support of payments of percentages retained under contracts must be accompanied, as contemplated by section 277 of the Revised Statutes, by satisfactory evidence, either primary or secondary, that the several amounts thereon paid have been retained, have since become payable, and have not previously been paid. (Id., 379.) It is within the power of the accounting officers, in the settling of accounts of disbursing officers, where it appears that an expenditure has been made from the wrong appropriation, if the expenditure be right in itself and correct otherwise, to charge the amount to the appropriation for which the expenditure is liable. If at the time of the settlement the appropriation to which the expen- diture is chargeable is exhausted, the amount should be disallowed against the disbursing officer, and he should be required to apply to Congress for relief. (Id., 36.) Where one Department receives from another Department supplies which are within the scope of appropriations belonging to each a reimbursement of the appropriation of the one from the appropriation of the other, of the cost of the supplies, is not a violation of section 3678, Revised Statutes; nor do the provisions of section 3618, Revised Statutes, apply to such case. (XVII Opin. Att. Gen., 480.) For provisions of Army Regulations in respect to the preparation and execu- tion of vouchers, see paragraphs 631-652, Army Regulations of 1913. 70 MILITARY LAWS OF THE UKITED STATES. gallon is authorized by law. Nor shall any Department or any officer of the Government accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. All appropriations made for contingent expenses or other general purposes, except appropriations made in fulfillment of contract obligations expressly authorized by law, or for objects required or authorized by law without reference to the amounts annually appropriated therefor, shall, on or before the be- ginning of each fiscal year, be so apportioned by monthly or other allotments as to prevent expenditures in one portion of the year which may necessitate deficiency or additional appropriations to complete the service of the fiscal year for which said appropriations are made ; and all such apportionments shall be adhered to and shall not be waived or modified except upon the happening of some ex- traordinary emergency or unusual circumstance which could not be anticipated at the time of making such apportionment, but this pro- vision shall not apply to the contingent appropriations of the Senate or House of Representatives; and in case said apportionments are waived or modified as herein provided, the same shall be waived or modified in writing by the head of such Executive Department or other Government establishment having control of the expenditure, and the reasons therefor shall be fully set forth in each particular case and communicated to Congress in connection with estimates for any additional appropriations required on account thereof. Any person violating any provision of this section shall be summarily re- moved from, office and may also be punished by a fine of not less than . one hundred dollars or by imprisonment for not less than one month. 1 1 The legal liability of the Government does not generally depend upon appro- priations. The constitutional provision, in Article I, section 9, that "no money shall be drawn from the Treasury but in consequence of appropriations made by law," is a mere limitation and restriction upon the executive officers of the Treasury Department, and does not prevent Congress, the law-making power, from involving the Government in contracts to pay money to any extent. When such contracts are made, the parties who acquire rights to compensation there- under must wait until an appropriation is made before they can receive their money, but the right on their part and the obligation on the part of the United States remain unchanged. Failing to obtain direct appropriations for their benefit, public creditors may sue in this court and thus obtain payment out of any money appropriated for the payment and satisfaction of private claims. (Mitchell v. U. S., 18 Ct. Cls., 281, 286.) The excepting clause in section 3732, Revised Statutes (a) in relation to contracts for and purchases of clothing, sub- sistence, forage, fuel, quarters, etc., operates to withdraw such contracts and purchases from the prohibition contained in this paragraph in relation to expen- ditures in excess of the appropriations for a particular fiscal year, and such purchases may be made, provided the necessities of the current fiscal year be not exceeded. A deficiency appropriation is one made to pay a liability legally created, for the payment of which an appropriation previously made is insufficient ; it sup plements the original appropriation, partakes of its nature, and is subject to the same limitations which attach by law to the use of the original appropriation. (IV Comp. Dec., 61.) MILITARY LAWS OF THE UNITED STATES. 71 Sec. 3679, R. S., as amended by sec. 4, ac * f Mar. 3, 1905 (33 Stat. 1257) , and Sec. 3, act of Feb. 27, 1906 ($4 Stat. 48) . 189. Same. No Act of Congress hereafter passed shall be con- strued to make an appropriation out of the Treasury of the United States, or to authorize the execution of a contract involving the pay- ment of money in excess of appropriations made by law, unless such Act shall in specific terms declare an appropriation to be made or that a contract may be executed. Sec. 9, Act of June 30, 1906 (34 Stat'. 764). 190. Commissions and inquiries Expenditures for. No account- ing or disbursing officer of the Government shall allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission or inquiry, except courts-martial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges. This section, however, shall not extend to the contingent fund connected with the foreign intercourse of the Government, placed at the disposal of the President. Sec. 3681, R. S. 191. Balances Disposition of after tivo years. All balances of appropriations which shall have remained on the books of the Treas- ury, without being drawn against in the settlement of accounts, for two years from the date of the last appropriation made by law, shall be reported by the Secretary of the Treasury to the Auditor of the Treasury, whose duty it is to settle accounts thereunder, and the Auditor shall examine the books of his office, and certify to the Sec- retary whether such balances will be required in the settlement of any accounts pending in his office; and if it appears that such bal- ances will not be required for this purpose, then the Secretary may include such balances in his surplus-fund warrant, whether the head of the proper Department shall have certified that it may be carried into the general Treasury or not. But no appropriation for the pay- ment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated. Sec. 3691, It.S. 192. Same. From and after the first day of July, eighteen hun- dred and seventy-four, and of each j^ear thereafter, the Secretary of the Treasury shall cause all unexpended balances of appropriations which have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury : Provided, That this provision shall not apply to permanent specific appropriations, appropriations for rivers and harbors, light-houses, fortifications, public buildings, or the pay of the Navy and Marine Corps; but the appropriations named in this proviso shall continue available until otherwise ordered by Congress. Sec. 5, Act of June 20,1874 (18 Stat. 110). 72 MILITARY LAWS OF THE UNITED STATES. 193. Same Application of. All balances of appropriations con- tained in the annual appropriation bills and made specifically for the service of any fiscal year, and remaining unexpended at the expira- tion of such fiscal year, shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year; and balances not needed for such purposes shall be carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations. 1 Sec. 3690 , R. S. 194. Fiscal year character of appropriations Exceptions. No specific or indefinite appropriation made hereafter in any regular annual appropriation Act shall be construed to be permanent or available continuously without reference to a fiscal year unless it belongs to one of the following five classes : " Rivers and harbors," " lighthouses," " fortifications," u public buildings," and " pay of the Navy and Marine Corps," last specifically named in and excepted from the operation of the provisions of the so-called "covering-in Act " approved June twentieth, eighteen hundred and seventy-four. or unless it is made in terms expressly providing that it shall con- tinue available beyond the fiscal year for which the appropriation Act in which it is contained makes provision. Sec. 7, Act of Aug. &, (37 Stat. 487). *The use of every fiscal year appropriation is limited by section 3690 of the Revised Statutes and by its own terms to the payment of expenses properly in- curred during the fiscal year for which it is made, or to the fulfillment of con- tracts properly made within that year ; and balances not needed for such pur- poses must be carried to the surplus fund and covered into the Treasury in con- formity with the provisions of section 5 of the act of June 20, 1874. (18 Stat,, 110; 3 Dig., 2d Comp. Dec., par. 96.) The use of any part of an appropria- tion made for one fiscal year for the payment of any liability incurred during a succeeding fiscal year is prohibited by section 3679 as well as by section 3690 of the fiscal year. (II Conip. Dec., 248.) A proposal in writing to furnish supplies and a written acceptance by the authorized agent of the Government constitute a contract within the meaning of section 3690 of the Revised Statutes, so as to authorize the use of an appropria- tion for the fiscal year in which the contract is made in paying for such por- tion of the supplies as are delivered under the contract after the expiration of the fiscal year. (II Comp. Dec., 248.) An appropriation is properly chargeable with all the expenses necessary to accomplish the object for which it is made, unless particular items of expense are specifically provided for by some other appropriation. (IV Comp. Dec., 24; I id., 472, 517; II id.. 74; III id., 623.) There is no authority under an act of appropriation, made specifically for the service of a particular fiscal year, to enter into a contract for supplies, etc , for the service of a subsequent fiscal year, and therefore, as to that appropriation, such a contract is not " properly made within that year," within the meaning of section 3690, Revised Statutes. (IV id., 553.) While it is a rule that a specific appropriation ex- cludes the use, for the same objects, of a general appropriation, yet when there are two appropriations both applicable to the same object they are to be treated as cumulative, and either or both can be used in the discretion of the head of the Department. (Id., 121. See, also, I id., 533.) The balance of an appro- priation which has been treated as not limited to a fiscal year will, upon the accomplishment of the object for which it was made, be covered into the Treas- ury, in analogy to the practice required by law (act of June 23, 1874, 18 Stat., MILITARY LAWS OF THE UNITED STATES. 73 195. Fiscal year. The fiscal year of the Treasury of the United States in all matters of accounts, receipts, expenditures, estimates, and appropriations, except accounts of the Secretary of the Senate for compensation and traveling expenses of Senators, and accounts of the Sergeant-at-Arms of the House of Representatives for com- pensation and mileage of Members and Delegates, shall commence on the first day of July in each year ; and all accounts of receipts and expenditures required by law to be published annually shall be pre- pared and published for the fiscal year, as thus established. The fiscal year for the adjustment of the accounts of Secretary of the Senate for compensation and traveling expenses of Senators, and of the Sergeant-at-Arms of the House of Representatives for compen- si.tion and mileage of Members and Delegates, shall extend to and include the third day of July. Sec. 837, R. $., as amended ~by sec. P, Act of Oct. 1, 1890 (26 Stat. 646). 196. Transmittal of accounts to Washington and to auditors. All monthly accounts shall be mailed or otherwise sent to the proper officer at Washington within ten days after the end of the month to which they relate, and quarterly and other accounts within twenty days after the period to which they relate, and shall be transmitted to and received by the Auditors within sixty days of their actual receipt at the proper office in Washington in the case of monthly, and sixty days in the case of quarterly and other accounts. Should there be any delinquency in this regard at the time of the receipt by 275) in the case of balances of appropriations for the construction of public buildings. (I Comp. Dec., 487.) An appropriation found in an annual appropriation act and made specifically for the service of a certain fiscal year is not available thereafter except in pay- ment of expenses properly incurred, or in the fulfillment of contracts properly made within the year as provided in section 3690 of the Revised Statutes. (I id., 170.) Congress intends that each annual appropriation should bear the burdens of the particular year for which it is granted, and that it should be for the proper use of that year, and no other. (VI id., 815.) Permanent appropriations are those made for an unlimited period. Indefinite appropriations are those in which no amount is named. (XIII Opin. Att. Gen., 289.) A "permanent specific appropriation" is one which requires the money payable by virtue of it to be applied to an object specifically pointed out by law, and which may be so applied at any time in the future, and not merely for the service of the current fiscal year. It exists when the act of Congress which made it points out the purpose to which it applies, and shows that it was in- tended to be used in the future, without limit as to time. If the object to which it is to be applied has no reference to, or connection with, the service of any particular year, the appropriation may be considered as permanent, where such intention is apparent in the act making it. If it be for the discharge of an existing obligation having no connection with the service of the current year, and not in part discharge of a continuous service, it may reasonably be sup- posed that Congress intended the liability to be paid without reference to time. (2 Lawrence, Comp. Dec., 2d ed., 240; III Comp. Dec.. 623. 625.) Section 10, act of March 4, 1909 (35 Stat. 1027), provided that all unex- pended and unobligated balances of appropriations which remained on the books of the Treasury July 1, 1904, except balances of permanent specific appro- priations, should be carried to the surplus fund and covered into the Treasury, and defined the term " permanent specific appropriation " within the meaning of that act. 74 MILITAEY LAWS OF THE UNITED STATES. the Auditor of a requisition for an advance of money, he shall dis- approve the requisition, which he may also do for other reasons arising out of the condition of the officer's accounts for whom the advance is requested; but the Secretary of the Treasury may over- rule the Auditor's decision as to the sufficiency of these latter reasons : Provided, That the Secretary of the Treasury shall prescribe suit- able rules and regulations, and may make orders in particular cases, relaxing the requirement of mailing or otherwise sending accounts, as aforesaid, within ten or twenty days, or waiving delinquency, in such cases only in which there is, or is likely to be, a manifest physi- cal difficulty in complying with the same, it being the purpose of this provision to require the prompt rendition of accounts without regard to the mere convenience of the officers, and to forbid the advance of money to those delinquent in rendering them: Provided further, That should there be a delay by the administrative Depart- ments beyond the aforesaid sixty days in transmitting accounts, an order of the President [or, in the event of the absence from the seat of Government or sickness of the President, an order of the Secre- tary of the Treasury] in the particular case shall be necessary to authorize the advance of money requested: And provided further, That this section shall not apply to accounts of the postal revenue and expenditures therefrom, which shall be rendered as now required by law. Sec. 12, Act of July 31, 1894 ($8 Stat. 209) ; Act of Mar. 2, 1901 (31 Stat. 910). (For the requirement that accounts shall be rendered monthly, and that distinct accounts shall be made under the various appropriations, see pars. 417 and 418 post. The above quoted act was amended by the insertion of the clause in brackets by section 4 of the act of March 2, 1895. (28 Stat. 807.) ) 197. Rules for administrative examination of accounts. It shall also be the duty of the heads of the several Executive Departments and of the proper officers of other Government establishments, not within the jurisdiction of any Executive Department, to make appro- priate rules and regulations to secure a proper administrative exami- nation of all accounts sent to them, as required by section twelve of this act, before the transmission to the Auditors, and for the execu- tion of other requirements of this act in so far as the same relate to the several departments or establishments. Sec. 22, Act of July 31, 1894 (28 Stat. 210) . (See Pars. 655 and 656, A. R., 1913.) 198. Administrative examination of accounts. Hereafter the ad- ministrative examination of all public accounts, preliminary to their audit by the accounting officers of the Treasury, shall be made as con- templated by the so-called Dockery Act, approved July thirty-first, eighteen hundred and ninety-four, and all vouchers and pay rolls shall be prepared and examined by and through the administrative heads of divisions and bureaus in the executive departments and not MILITARY LAWS OF THE UNITED STATES. 75 by the disbursing clerks of said departments, except those vouchers heretofore prepared outside of Washington may continue to be so prepared and the disbursing officers shall make only such examina- tion of vouchers as may be necessary to ascertain whether they repre- sent legal claims against the United States. Act of Aug. 23, 1912 (37 Stat. 375). 199. Officers delinquent in rendering accounts. The Secretary of the Treasury shall, on the first Monday of January in each year, make report to Congress of such officers and administrative departments and offices of the Government as were, respectively, at any time dur- ing the last preceding fiscal year delinquent in rendering or trans- mitting accounts to the proper offices in Washington and the cause therefor, and in each case indicating whether the delinquency was waived, together with such officers, including postmasters and officers of the Post-Office Department, as were found upon final settlement of their accounts to have been indebted to the Government, with the amount of such indebtedness in each case, and who, at the date of making report, had failed to pay the same into the Treasury of the United States. 1 Sec. 4, Act of May 28, 1896 (29 Stat. 179) . 200. Forms of keeping and rendering accounts to be prescribed by. The Comptroller of the Treasury shall, under the direction of the Secretary of the Treasury, prescribe the forms of keeping and rendering all public accounts, except those relating to the postal reve- nues and expenditures therefrom. 2 Sec. 5, Act of July 31, 1894 (&8 Stat. 206.) 1 Section 260 o the Revised Statutes requires that the Secretary of the Treas- ury shall lay before Congress at the commencement of each regular session, ac- companying his annual statement of the public expenditure, the reports which may be made to him by the Auditors charged with the examination of the ac- counts of the Department of War and the Department of the Navy, respectively, showing the application of the money appropriated for those Departments for the preceding year. This provision replaces the requirement of section 12 of the act of July 31, 1894 (28 Stat. 209), that " the Secretary of the Treasury shall, on the first Mon- day in January in each year, make report to Congress of such officers as are then delinquent in the rendering of their accounts or in the payment of balances found due from them for the last preceding fiscal year." 2 Public accounts, within the meaning of section 5 of the act of July 31, 1894, which provides that the Comptroller of the Treasury shall " prescribe the form of keeping and rendering all public accounts," are accounts in which the United States is concerned either as debtor or creditor. (VI Comp. Dec. 35.) Our scheme of government includes an accounting system, with proper officers thereof, and it seems reasonable to conclude that when the law provides for an accounting, and makes no special provision therefor, it was the legislative intent that the accounting should be done in the usual manner that is, by the account- ing officers of the Treasury Department. (Id. 283, 284.) The act of July 31, 1894, specifically devolves upon the accounting officers of the Treasury the particular duties of examining the public accounts and certi- fying balances arising thereon ; and their exercise of those duties, including the weighing of evidence, the construction of statutes, and the application of general principles of law in connection therewith, is exclusive. (V id. 410.) All accounts for the expenditure of public moneys should be itemized so far as practicable, and a discretion given to the officer having control of an appropria- tion does not dispense with this requirement. (IV id. 159.) 76 MILITARY LAWS OF THE UNITED STATES. 201. Authorized to direct settlement of particular accounts. The Comptroller of the Treasury, in any case where, in his opinion, the interests of the Government require it, shall direct any of the auditors forthwith to audit and settle any particular account which such auditor is authorized to audit and settle. Sec. 6, id. 202. Decisions to govern in settlements. Disbursing officers, or the head of any Executive Department, or other establishment not under any of the Executive Departments, may apply for and the Comp- troller of the Treasury shall render his decision upon any question involving a payment to be made by them or under them, which deci- sion, when rendered, shall govern the Auditor and the Comptroller of the Treasury in passing upon the account containing said dis- bursement. 1 Sec. 8, id. 203. Recovery of money Institution of suits for. Whenever any person accountable for public money neglects or refuses to pay into the Treasury the sum or balance reported to be due to the United States upon the adjustment of his account, the Comptroller of the Treasury shall institute suit for the recovery of the same, adding to the sum stated to be due on such account the commissions of the de- linquent, which shall be forfeited in every instance where suit is commenced and judgment obtained thereon, and an interest of six 1 Paragraph 6, section 8, of the act of July 31, 1894, does not authorize the Comptroller to render a decision in advance of the settlement of accounts, except upon questions presented by disbursing officers or the heads of Executive Departments involving payments to be made by them. (1 Comp. Dec., 1 ; see also id., 87, 139, 411, 431, 500; III Id., 529; IV Id., 332.) Nor is the Comp- troller authorized to render such advance decision until the head of a Depart- ment, having control of an appropriation, determines to apply it to a particular purpose. (1 id., 89.) The Comptroller has no jurisdiction to entertain such an application when made by the head of a bureau in an Executive Depart- ment. (1 id., 199.) Nor when the request comes from the head of one Execu- tive Department in respect to an appropriation under the head of another Executive Department. (1 id., 317.) Requests for the decision of the Comptroller, under section 8 of the act of July 31, 1894, must be made by the disbursing officer himself and not by an attorney authorized to represent him in the settlement of his accounts. (I id., 502.) When an expense has not yet been incurred, and a decision of the Comptroller is desired for the guidance of a Department, the request therefor should be pre- sented by the head of the Department having control of the appropriation, and not by the disbursing officer. (I id., 500.) The Comptroller of the Treasury is not authorized to render decisions to dis- bursing officers upon questions of law pertaining to payments which have been made by them. (V Comp. Dec., 727.) The Comptroller of the Treasury is not authorized to render to the heads of Departments advisory opinions upon questions of law not involving payments to be made by or under them. (Id., 653.) A statement by the Comptroller of the Treasury in an advance decision, upon a statement of facts submitted by a disbursing officer, which is broader than the facts stated rendered necessary, is a mere dictum and is not binding upon the Auditor or the Comptroller in the settlement of the account of the disburs- ing officer. (V id., 562.) Under the act of July 31, 1894, the Auditors of the Treasury are not author- ized to render decisions in advance of the settlement of accounts, such authority being, by section 8 of said act, granted only to the Comptroller of the Treasury. (I id., 94.) MILITAKY LAWS OF THE UNITED STATES. 77 per centum per annum from the time of receiving the money until it shall be repaid into the Treasury. Sec. 36^4, R- $? as amended ~by Sec. 4 of the Act of July 31, 1894 ($ Stat. 205). (See U. S. v. Gaussen, 19 Wall., 198, and U. S. v. Verdier, 164 U. S., 213, 219.) 204. Auditors for the War and Navy Departments Duties. The Auditors charged with the examination of the accounts of the De- partments of War and of the Navy shall keep all accounts of the re- ceipts and expenditures of the public money in regard to those Departments, and of all debts due to the United States on moneys advanced relative to those Departments; shall receive from the Comptroller the accounts which shall have been finally adjusted, and shall preserve such accounts, with their vouchers and certificates, and record all requisitions drawn by the Secretaries of those Depart- ments, the examination of the accounts of which has been assigned to them. They shall annually, on the first Monday in November, severally report to the Secretary of the Treasury the application of the money appropriated for the Department of War and the Depart- ment of the Navy, and they shall make such reports on the business assigned to them as the Secretaries of those Departments may deem necessary and require. Sec. %83, R. S. 205. Auditor for the War Department Duties. Accounts shall be examined by the Auditors as follows: * * * Second. The Auditor for the War Department shall receive and examine all accounts of salaries and incidental expenses of the office of the Sec- retary of War and all bureaus and offices under his direction, all accounts relating to the military establishment, armories and ar- senals, national cemeteries, fortifications, public buildings and grounds under the Chief of Engineers, rivers and harbors, the Mil- itary Academy, and to all other business within the jurisdiction of the Department of War, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certificate to the Secretary of War. Sec. 7, Act of July 31,1894 (28 Stat.%06). 206. Recovery of debts Superintendence of. The Auditors, under the direction of the Comptroller of the Treasury, shall superintend the recovery of all debts finally certified by them, respectively, to be due to the United States. Sec. 4, id. 207. Balances, when certified, final, except that they are subject to revision by Comptroller. The balances which may from time to time be certified by the Auditors to the division of bookkeeping and war- rants, or to the Postmaster-General, upon the settlement of public accounts, shall be final and conclusive upon the executive branch of the Government, except that any person whose accounts have been settled, the head of an Executive Department to which the account pertains, or the Comptroller of the Treasury, may, within a year, 78 MILITARY LAWS OF THE UNITED STATES. obtain a revision of the said account by the Comptroller of the Treas- ury, whose decision upon such revision shall be final and conclusive upon the executive branch of the Government: Provided, That the Secretary of the Treasury may, when in his judgment the interests of the Government require it, suspend payment and direct the reex- amination of any account. 1 Sec. #, id. 208. Acceptance of payment under settlement. Any person ac- cepting payment under a settlement by an auditor shall be thereby 1 Under section 8 of the act of July 31, 1894, an appeal will not lie to the Comptroller of the Treasury except from the final certificate of an auditor. A suspension of action upon a case by an auditor is not a final decision of such officer. (Id., 381). An appeal to the Comptroller from the action of an auditor will not lie until the auditor has taken final action in the case. A suspension for further evidence is not a final decision upon which an appeal can be based. (I Comp. Dec., 448, 500.) (1) The Auditor, in the first instance, has the original and exclusive juris- diction to receive, examine, and settle all accounts. (2) The Comptroller is without jurisdiction to entertain any claim not pre- viously passed upon and settled by the Auditor, and, until the Auditor has settled the account, the Comptroller is without jurisdiction to revise it. (3) The settlement of an account by the Auditor, so far as the claimant's right or power before the accounting officers is concerned, is final and conclu- sive, except that any person whose account may have been settled by the Auditor may, within a year, obtain a revision of said account by the Comp- troller. (4) The per sou who may obtain such revision is the person whose account has been settled by the Auditor. (V Comp. Dec., 333, 334.) The Comptroller has the exclusive right to reopen an account which has been revised by himself or his predecessors. (IV Comp. Dec., 303.) After the ex- piration of a year from the date of settlement an Auditor has the exclusive right to reopen an account settled by himself or his predecessors. (Id.) Before the expiration of a year the right of revision by the Comptroller is exclusive, and an Auditor can not reopen an account within that period. ( Id. ) After the expiration of six months from the date of settlement by the Second Auditor, under the act of July 1, 1892 (27 Stat, 194), no appeal having been taken within that period, the Auditor for the War Department has the exclusive right to reopen the settlement. (Id., 471.) Section 8 of the act of July 31, 1894, specifies the officers and persons by whom the revision of accounts by the Comptroller may be obtained, and it must be construed to be exclusive. (IV Comp. Dec., 723.) Under section 8 of the act of July 31, 1894, the Comptroller of the Treasury is authorized to revise, upon his own motion, all items embraced in an account, including items upon which payment has been accepted; and in particular instances, where justice requires it, such authority may be exercised in favor of a claimant. (Id., 622.) The accounting officers are not authorized to reopen accounts which have been settled, except for the purpose of correcting mistakes of fact arising from errors of calculation, or upon the production of newly discovered material evidence. (VI Comp. Dec., 236.) The accounting officers are not authorized to reopen accounts for the purpose of correcting decisions upon questions of law subse- quently held to be erroneous. (Id., 91.) The right of the accounting officers to reopen accounts which have been set- tled, either by themselves or their predecessors, for the purpose of correcting mistakes of fact arising from errors of calculation, or upon the production of newly discovered material evidence, or for fraud or collusion, has received the sanction of the courts and of the law-making power. The act of July 31, 1894, does not take away or modify that right. (IV Comp. Dec., 303.) Where the Comptroller has made a final settlement of a claim from the War Department, an order of the Secretary that the accounts be reexamined has no validity. (B. & O. R. R. Co. v. U. S. 31, Ct. Cls., 484.) In a case where the Auditor for the War Department disallowed the claim of a soldier for pay and allowances upon the ground of desertion, and, subse- quent to said settlement, the Secretary of War has removed the charge of de- sertion and issued a discharge certificate under the act of March 2, 1889 : Held, MILITARY LAWS OF THE UNITED STATES. 79 precluded from obtaining a revision of such settlement as to any items upon which payment is accepted ; but nothing in this act shall prevent an Auditor from suspending items in an account in order to obtain further evidence or explanations necessary to their settlement. When suspended items are finally settled, a revision may be had as in the case of the original settlement. Action upon any account or business shall not be delayed awaiting applications for revision: That the application for pay and allowances upon said amendment of record is a new claim, coming within the jurisdiction of the Auditor for the War Depart- ment, and is not to be regarded as an appeal under section 8, act of July 31, 1894, or an application for a rehearing. (Ill Comp. Dec., 144; IV id., 303, 332, 471, 622, 723.) Under the act of July 31, 1894, an auditor has no jurisdiction to review his own final action in the settlement of an account, but such settlement can be reopened only on a revision thereof by the Comptroller of the Treasury within a year, as provided in section 8 of said act. (I Comp. Dec., 27. See, also, id., 31, 78, 87, 139, 199, 317, 381, 448, 500, 502; II Id., 4, 401, 510.) Under section 8 of the act of July 31, 1894, appeals from disallowances by the auditors must be taken within a year from the date of the settlement. If taken after the expiration of a year, the Comptroller is without jurisdiction to enter- tain the appeal. (Id., 510.) This paragraph expressly repeals section 1 of the act of March 30, 1868 (sec. 191, Rev. Stat). The clause "shall be conclusive upon the Executive Depart- ments of the Government," which formed a part of the repealed section, was enacted to settle a long-pending dispute between the accounting officers and the heads of departments as to their respective powers over claims and accounts, nnd has been interpreted to relate " only to matters of accounting in the Treas- ury Department, and of ascertaining the balance in each particular account which shall be drawn from the Treasury. * * * It makes conclusive upon the executive branch of the Government only 'the 'balances' stated by the accounting officers and their ' decision thereon ' for the purpose of determining for what amounts, if any, warrants may be drawn on the Treasury. * * * It does not make such decisions conclusive upon the head of a department in the exercise of his discretion as to orders to be issued to his subordinates in such connections as the one now under consideration." (Billings v. U. S., 23 Ct. Cls., 166; McKee v. United States, 12 id., 504.) It was held in the case of Surgeon Billings (23 Ct. Cls., 166) that the War Department had authority to send a surgeon to the International Medical Congress at London at the expense of the Government, that being a military service which a surgeon could be required to render. In the case of Paymaster Smith (24 Ct. Cls., 209) it was held that the employment of experts before a court-martial was within the legal and proper discretion of the Secretary of War. In the case of the United States v. Jones (18 How., 92, 95) the court held " that the Secretary of the Navy represents the President and exercises his power on the subjects confided to his Department. He is responsible to the people and to the law for any abuse of the powers intrusted to him. His acts and decisions on subjects submitted to his jurisdic- tion and control by the Constitution and laws do not require the approval of any officer of any other department to make them valid and conclusive. The accounting officers of the Treasury have not the burden cast upon them of reviewing the judgments, correcting the supposed mistakes, or annulling the orders of the heads of departments." (See, also, U. S. v. McDaniel, 7 Pet, 1, 14; U. S. v. Eliason, 16 Pet., 291 ; Brown v. U. S., 113 U. S., 568, 571; Edwards v. Darby, 12 Wheat., 206 ; U. S. v. Pugh, 99 U. S., 265 ; Parkhurst v. U. S., 29 Ct. Cls., 399.) When the Government is estopped from further controverting a question ad- judicated by a court of competent jurisdiction it is the duty of the accounting officers to follow the decision in subsequent settlements of the parties' accounts. The legislation of Congress and the decisions of the Supreme Court unmistakably indicate that judgments of this court, not appealed from, are obligatory upon the Government as upon the claimant, and are intended to be guides and precedents for the Executive Departments. (Meigs v. U. S., 20 Ct. Cls., 181; U. S. v. O'Grady, 22 Wall., 641; Wis. Cent. R. R. Co. v. U. S., 164 U. S., 190.) 80 MILITARY LAWS OF THE UNITED STATES. Provided, That the Secretary of the Treasury shall make regula- tions fixing the time which shall expire before a warrant is issued in payment of an account certified as provided in sections seven and eight of this act. Sec. #, id. 209. Decisions construing statutes to "be revised ~by Comptroller. All decisions by Auditors making an original construction or modi- fying an existing construction of statutes shall be forthwith reported to the Comptroller of the Treasury, and items in any account affected by such decisions shall be suspended and payment thereof withheld until the Comptroller of the Treasury shall approve, disapprove, or modify such decisions and certify his actions to the Auditor. All decisions made by the Comptroller of the Treasury under this act shall be forthwith transmitted to the Auditor or Auditors whose duties are affected thereby. Sec. 5, id. 210. Preservation of accounts. The auditors shall, under the direc- tion of the Comptroller of the Treasury, preserve with their vouchers and certificates all accounts which have been finally adjusted. -Sec. 8, id. 211. Settlements not to ~be reopened. Nothing in this act shall be construed to authorize the reexamination and payment of any claim or account which has heretofore been disallowed or settled. 1 Sec. 23, id. *The accounting officers have no jurisdiction to reopen settlements made by their predecessors, because a subsequent decision of the courts has so changed the construction of the law under which the settlements were made as to war- rant a different result in the settlements. (2 Comp. Dec., 401.) Settled accounts in the Treasury Department, where the United States have acted on the settlement and paid the balance therein found due, can not be opened or set aside years afterwards merely because some of the prescribed steps in the accounting which it was the duty of a head of a department to see had been taken had in fact been omitted, or on account of technical irregulari- ties when the remedy of the party against the United States is barred by the statute of limitation and the remedies of the United States are intact, owing to its not being subject to an act of limitation. (U. S. v. Johnston, 124 U. S., 236, 1 Comp. Dec., 192.) An error by a predecessor in construing the law applicable to the claim he has adjusted is no ground for a rehearing. (See vol. 19, Ct. Cls. Dec., 508; 23 id., 123; 25 id., 327; and 29 id., 225; U. S. Supreme Court Dec., 15 Pet., 400; 11 Comp. Dec., 459.) An error by a predecessor in construing the law, applicable to the claim he has adjusted is no ground for a rehearing. ( See vol. 19, Ct. Cls., 508 ; 23 id., 123 ; 25 id., 327 ; and 29 id., 225 ; 15 Pet., 400 ; 11 Comp. Dec., 459.) The accounting officers of the Treasury Department are not authorized to reopen accounts settled by their predecessors except for the purpose of correct- ing mistakes of fact arising from errors in calculation, or upon the production of newly discovered material evidence, or for fraud. (14 Comp. Dec., 795.) The act of July 31, 1894, does not take from the accounting officers the right to reopen accounts which have been settled, either by themselves or their prede- cessors, for the purpose of correcting mistakes of fact arising from errors of cal- culation, or upon the production of newly discovered material evidence, or for fraud or collusion. (4 Comp. Dec., 303; but see 1 id., 27; 2 id., 210.) The Comptroller has the exclusive right to reopen an account which has been revised by himself or his predecessors. (4 id., 303.) Before the expiration of a year the right of revision by the Comptroller is exclusive, and an Auditor can not reopen an account within that period. After the expiration of a year from the MILITARY LAWS OF THE UNITED STATES. 81 212. Accounts of Government officers in the District of Columbia accessible to accounting officers. All books, papers, and other mat- ters relating to the accounts of officers of the Government in the District of Columbia shall at all times be subject to inspection and examination by the Comptroller of the Treasury and the Auditor of the Treasury authorized to settle such accounts, or by the duly authorized agents of either of said officials. Sec. 5, Act of Mar. 15, 1898 (30 Stat. 316}. 213. Accounts of line officers Settlement of. The Auditor of the Treasury for the War Department shall audit and settle the accounts of line officers of the Army, to the extent of the pay due them for their services as such, notwithstanding the inability of any such line officer to account for property intrusted to his possession, or to make his monthly reports or returns, if such Auditor shall be satisfied by the affidavit of the officer or otherwise that the inability was caused by the officer's having been a prisoner in the hands of the enemy, or by any accident or casualty of war. Sec. 278, R. S., as amended ly Sec. 7 of the Act of July 31, 1894 (28 Stat. 206} . 214. Evidence of honorable discharge to be returned to officers and enlisted men. In all cases where it has become necessary for any officer or enlisted man of the Army to file his evidence of honorable discharge from the military service of the United States, to secure the settlement of his accounts, the accounting officer with whom it has been filed shall, upon application by said officer or enlisted man, deliver to him such evidence of honorable discharge; but his ac- counts shall first be duly settled, and the fact, date, and amount of such settlement shall be clearly written across the face of such evi- dence of honorable discharge, and attested by the signature of the accounting officer before it is delivered. Sec. 282, R. S. 215. Claims and accounts Settlement of. All claims and de- mands whatever by the United States or against them, and all ac- counts whatever in which the United States are concerned, either as debtors or creditors, shall be settled and adjusted in the Depart- ment of the Treasury. 1 Sec. 236, R. S. date of settlement, an Auditor has the exclusive right to reopen an account settled by himself or his predecessors. (Id.) Under section S of the act of July 31, 1804, the Comptroller of the Treasury is authorized to revise, upon his own motion, all items embraced in an account, including items upon which payment has been accepted; and, in particular instances, where justice requires it, such authority may be exercised in favor of a claimant. (4 Comp. Dec., 623.) x The act of March 3, 1849 (9 Stat. 414; sees. 3482-3487, R. S.), provided for the reimbursement of officers and men for horses and other private property lost in the military service. Several limitations upon the filing of claims under this act have been enacted by Congress; but the general limitation will be found in section 2 of the act of January 9, 1883 (22 Stat. 401), which con- tains the requirement that "all claims arising under the act approved March 3, 1849, and all acts amendatory thereof, which shall not be filed in the proper 48985 15 6 82 MILITARY LAWS OF THE UNITED STATES. 216. Claims allowed to be reported to Congress. The Secretary of the Treasury shall, at the commencement of each session of Congress, report the amount due each claimant whose claim has been allowed in whole or in part to the Speaker of the House of Eepresentatives and the presiding officer of the Senate, who shall lay the same before their respective Houses for consideration. Sec. 8, Act of July 7, 1884 (23 Stat. 254) 217. Claims for property lost or destroyed. The proper account- ing officers of the Treasury are hereby authorized and directed to examine into, ascertain, and determine the value of the private prop- erty belonging to officers and enlisted men in the military service of the United States which -has been, or may hereafter, be, lost or destroyed in the military service, under the following circum- stances : department within one year after the passage of this act shall be forever barred and shall not be received, considered, or audited by any department of the Government." Section 2 of the act of August 13, 1888 (25 Stat. 437), suspended the limitation as to the presentation of claims for losses of horses during the war of the rebellion for three years. The act of March 3, 1849, therefore became inoperative in respect to general claims on August 13, 1889, and as to claims for horses, etc., lost during the rebellion, on August 13, 1891. The act of January 9, 1883 (22 Stat. 401, sec. 2), providing that all claims for horses lost in battle, etc., which are not filed in the proper department within one year after the passage of the act will be barred and shall not be considered by any department of the Government, does not extend to the juris- diction of authority of this court. The words " filed in the proper depart- ment," and the words " received, considered, and audited by any department of the Government," are not words of description in reference to the jurisdiction of a court (Hardie v. U. S., 39 Ct. Cls., 250.) In the performance of the duty imposed by this statute the Secretary of the Treasury is not subject to the control of the courts of the United States, and the duty not being ministerial in character a writ of mandamus will not lie to compel the allowance of a claim presented under the statute. Kendall v. Stockton, 12 Pet., 524; Decatur v. Paulding, 14 Pet., 497, 515; U. S. v. Guthrie, 17 How., 284, 304; Brashear v. Mason, 6 How., 92, 102. Such action on the part of the courts would also be in the nature of entertaining a suit against the United States, which is not within their jurisdiction. U. S. v. Guthrie, 17 How., 284, 305. Where a claim within the scope of his official authority was submitted to the Secretary of the Treasury, and by him decided adversely, it is incompetent for his official successor to set the same aside or reopen it unless there has been a mistake in a matter of fact or material testimony discovered and pro- duced. V Opin. Att. Gen., 664. A head of a department of the Government has no right to review the acts of his predecessors, except to correct an error of calculation. He can not recall a credit given or allowance made. Such action is for the judiciary. U. S. v. Bank of Metropolis, 15 Pet, 377. The accounting officers of the Treasury have no jurisdiction to settle claims for unliquidated damages arising from the torts of the agents of the Govern- ment II Comp. Dec., 174, 487; McKee v. U. S., 12 Ct. Cls., 556; Dennis r. U. S., 20 id., 119; XIV Opin. Att Gen., 24. Nor have the accounting officers such jurisdiction over a claim for unliquidated damages not arising from the tortious act of an officer of the Government II Compt. Dec., 487; I id., 261; II id., 174. The accounting officers of the United States are without jurisdiction to ex- amine and settle individual claims of officers and enlisted men of the organ- ized militia of a State, Territory, or District of Columbia for pay, subsistence, and transportation while engaged, under the provisions of section 14 of the act of January 21, 1903, in field or camp service for instruction. (X Comp. Dec., 635.) MILITAKY LAWS OF THE UNITED STATES. 83 First. When such loss or destruction was without fault or negli- gence on the part of the claimant. 1 Second. Where the private property so lost or destroyed was shipped on board an unseaworthy vessel by order of any officer authorized to give such order or direct such shipment. 2 Third. Where it appears that the loss or destruction of the private property of the claimant was in consequence of his having given his attention to the saving of the property belonging to the United States which was in danger at the same time and under similar circumstances. And the amount of such loss so ascertained and determined shall be paid out of any money in the Treasury not otherwise appropriated, and shall be in full for all such loss or dam- age : Provided, That any claim which shall be presented and acted on under authority of this act shall \$ held as finally determined, and shall never thereafter be reopened or considered: And provided further, That this act shall not apply to losses sustained in time of 1 Clause first stands alone as an independent basis for a claim, and was in- tended to reach cases not covered by the other two clauses. This clause is broader in its scope than the two succeeding clauses, but absence of fault or negligence must be proven if the claim is made under it. Broad as this clause is, it does not cover every case of loss an officer or soldier might sustain in his il reasonable, useful, and necessary " property while he was in the military service. (II Compt. Dec., 644, 647.) Stating the proposition in other words, it does not make the United States the absolute insurer, against all accidents and contingencies, of the reasonable, useful, and necessary property of officers and soldiers. To entitle a person to reimbursement under this clause the loss or destruction must be without fault or negligence, directly or indirectly, near or remote, of the owner, and must have been caused by, or resulted from, some exigency or necessity of the mili- tary service. It must reasonably be attributable to the fact that it was held in the military service, whereby the owner was deprived, in some degree, of the control over it which he would have in civil life, and where it would be subjected to dangers not ordinarily incident to its use in civil life. Under all conditions of a use of such personal property as is covered by the law it is subject to deterioration and loss; but in the military service the dangers are greater and peculiar because of the environments of that service. It was to provide against personal loss resulting from these special and peculiar dan- gers that this law was enacted. Any other view of the law would make the United States the insurer of all personal property necessarily used in its service by officers and soldiers. This can not have been the intent of Con- gress. If it be held that absence of fault or negligence is the only condition precedent to reimbursement an officer would be entitled to payment for a horse dying from .old age, or a uniform, side arms, or household furniture worn out iu use. (Ill id., 637.) 2 The true construction of clause second is that the claimant is entitled to reimbursement without being required to show, affirmatively, that he was not guilty of negligence, " where the private property was shipped on board an unseaworthy vessel by order of any officer authorized to give such order or direct such shipment." The leading idea in this clause is that the loss would be attributable to the unseaworthiness of the vessel, and that the soldier sus- taining the loss would have no option as to the shipment on said vessel and no responsibility for a loss under such circumstances. (II id., 647.) To entitle a person to recover under the first clause of the act the following facts, among others, must be established : 1. The loss must be of private property of the officer or soldier. " The articles must not only belong to him, but must be used by him and for him alone, as it were, personal to him in the performance of his duty." 2. The property must be such as the Secretary of War shall decide to be 84 MILITARY LAWS OF THE UNITED STATES. war or hostilities with Indians: And provided further, That the liability of the Government under this act shall be limited to such articles of personal property as the Secretary of War, in his discre- tion, shall decide to be reasonable, useful, necessary, and proper for such officer or soldier while in quarters, engaged in the public serv- ice, in the line of duty : And provided further, That all claims now existing shall be presented within two years and not after from the passage of this act; and all such claims hereafter arising be pre- sented within two years from the occurrence of the loss or destruc- tion. 1 Act of Mar. 3, 1885 (23 Stat. 350}. 218. Claims of volunteers who served during Spanish War. No claims for arrears of pay, bounty, or other allowances growing out of the service of Volunteers who served in the Army of the United States during the War with Spain shall be received or considered by the accounting officers of the Treasury unless filed in the office of the Auditor for the War Department on or before December thirty-first, nineteen hundred and fourteen. Act of Dec. 88, 1911 (37 Stat. 49). 219. No deduction for attorneys^ fees. In the settlement of claims of officers, soldiers, sailors, and marines, or their representatives, and reasonable, to be useful, and to be necessary for such officer or soldier while in quarters, engaged in the public service in the line of duty. 3. The loss must have been without fault or negligence, in any degree, of the claimant. 4. The loss must have been caused by some exigency or necessity of the mili- tary service, such as would naturally be attributable to and would flow from such service. To establish a case under this act the property must have been lost or destroyed in the military service; not merely while it was in use in that service, but because it was in that service. Being in that service must have been the proximate cause of the loss. 5. The loss must not have been caused by the natural wear and tear, or deterioration, of the articles in ordinary use in the service. Inherent defects in articles, on account of which they are unable to stand the ordinary strain of the service, will prevent recovery. 6. Payment must be limited to the commercial value of the articles at the time of their loss, and not exceed the value of such articles as it was neces- sary for the officer or soldier to have in the service. Unusually expensive articles can not be considered necessary. The purchase price of an article is more likely to be a fair measure of its value than the estimate placed upon it after the purchaser obtains possession of it. The purchase price should not be exceeded without good cause shown. 7. Proof of absence of fault or negligence must state all the circumstances, and be sufficiently elaborate to enable the accounting officers to reach their own conclusions. Mere opinions or conclusions of witnesses, without full state- ment of facts upon which they are based, are of little value. 8. Any want of proper care either in the claimant or his servant, or the in- competency of the servant, will prevent recovery. 9. It is the duty of owners to care for their property ; any voluntary relaxa- tion of that care by intrusting it to others, is negligence within the meaning of the law. Although under clause second the claimant is not required to show affirma- tively that he was not guilty of fault or negligence, this will not be understood as precluding the Government from showing that he was so guilty, and, if so found, he will not be entitled to recover. (Ill id., 637; XIII id., 334, 432, 875.) 1 Under clause third the claimant must show that he was not guilty of fault or negligence other than of neglecting his own property in his efforts to save that of the Government. (Ill Comp. Dec.. 636; see, also, II id., 644; III id., 636, 659 ; XIX Opin. Att. Gkm., 693 ; G. O. 35, A. G. O., 1896 ; G. O. 39, A. G. O., 1887 ; Circular 1, A. G. O., 1897 ; Par. 726, A. B., 1913.) MILITARY LAWS OF THE UNITED STATES. 85 all other claims for pay and allowances within the jurisdiction of the Auditor for the War Department or the Auditor for the Navy Department, presented and filed hereafter in which it is the present practice to make deductions of attorneys' fees from the amount found due, no deductions of fees for attorneys or agents shall here- after be made, but the draft, check, or warrant for the full amount found due shall be delivered to the payee in person or sent to his bona fide post-office address (residence or place of business). Act of June 6, 1900 (31 Stat. 637}. 220. Conspiracy to defraud the Government Purchase of arms, equipment, etc., from soldiers. Whoever shall make or cause to be made, or present or cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent; or whoever, for the pur- pose of obtaining or aiding to obtain the payment or approval of such claim, shall make or use, or cause to be made or used, any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry ; or whoever shall enter into any agreement, com- bination, or conspiracy to defraud the Government of the United States, or any .department or officer thereof, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim ; or whoever, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, with intent to defraud the United States or will- fully to conceal such money or other property, shall deliver or cause to be delivered, to any other person having authority to receive the same, any amount of such money or other property less than that for which he received a certificate or took a receipt; or whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, shall make or deliver the same to any other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. And whoever shall knowingly purchase or receive in pledge for any obligation or in- debtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service, any arms, equip- ments, ammunition, clothes, military stores, or other public property, whether furnished to the soldier, sailor, officer, or person, under a clothing allowance or otherwise, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, shall be 86 MILITARY LAWS OF THE UNITED STATES. fined not more than five hundred dollars, and imprisoned not more than two years. Sec. 35 Act of Mar. 4, 1909, Criminal Code (35 Stat. 1095}. 221. Priority of. Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied; and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed. Sec. 3406, R. S. [U. S. v. Fisher, 2 Or., 358 ; U. S. v. Hooe, 3 Or., 73 ; Harrison v. Sterry, 5 Or., 289; Prince v. Bartlett, 8 Or., 431; U. S. v. Bryan, 9 Cr., 374; Thelusson v. Smith, 2 Wh., 396 ; U. S. v. Rowland, 4 Wh., 108 ; Conard v. Insurance Company, 1 Pet, 386 ; Hunter v. U. S., 5 Pet, 173 ; U. S. v. State Bank, 6 Pet., 29 ; U. S. v. Hack, 8 Pet, 271; Brent v. Bank of Washington, 10 Pet., 596; Beaston v. Farmers' Bank, 12 Pet, 102 ; U. S. v. Herron, 20 Wall., 251 ; Bayne et al. t Trus- tees, v. U. S. 93 U. S., 642.] 222. Liability of executors, etc. Every executor, administrator, or assignee, other person, who pays any debt due by the person or estate from whom or for which he acts, before he satisfies and pays the debts due to the United States from such person or estate, shall become an- swerable in his own person and estate for the debts^ so due to the United States, or for so much thereof as may remain due and unpaid. Sec. 3467, R. S. (See sec. 5101, R. S.) (See Field v. U. S., 9 Pet, 182; Brent v. Bank of Washington, 10 Pet., 596.) 223. Priority of surety who has paid the amount due on the bond of an insolvent principal. Whenever the principal in any bond given to the United States is insolvent, or whenever, such principal being deceased, his estate and effects which come to the hands of his executor, administrator, or assignee, are insufficient for the payment of his debts, and, in either of such cases, any surety on the bond, or the executor, administrator, or assignee of such surety pays to the United States the money due upon such bond, such surety, his execu- tor, administrator, or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States ; and may bring and maintain a suit upon the bond, in law or equity, in his own name, for the recovery of all moneys paid thereon. 1 Sec. 3468, R. S. 1 The priority given in this section to sureties does not apply to sureties on a recognizance in a criminal case. (U. S. v. Rydor, 110 U. S., 729; U. S. v. Fisher, 2 Or., 358; U. S. v. Hooe, 3 Cr., 73; Prince v. Bartlett, 8 Cr., 431; TJ. S. v. Bryan, 9 Cr., 374 ; Thelusson v. Smith, 2 Wh., 396 ; U. S. v. Rowland, 4 Wh., 108 ; Co- nard v. Insurance Company, 1 Pet., 439 ; Hunter v. U. S., 5 Pet., 173 ; Child v. Shoemaker, 1 Wash., 494; U. S. v. King, Wall. C. C., 12; Johns v. Brodhag, 1 Cr. C. C., 235). MILITARY LAWS OP THE UNITED STATES. 87 224. Distress warrant. Whenever any collector of the revenue, receiver of public money, or other officer, who has received the public money before it is paid into the Treasury of the United States, fails to render his account or pay over the same in the manner or within the time required by law, it shall be the duty of the proper' Auditor to cause to be stated the account of such officer, exhibiting truly the amount due to the United States, and to certify the same to the Solicitor of the Treasury, who shall issue a warrant of distress against the delinquent officer and his sureties directed to the marshal of the district in which such officer and his sureties reside. Where the officer and his sureties reside in different districts, or where they or either of them reside in a district other than that in which the estate of either may be, which it is intended to take and sell, then such warrant shall be directed to the marshals of such districts, re- spectively. See 3625, R. S. 225. Contents. The warrant of distress shall specify the amount with which such delinquent is chargeable and the sums, if any, which have been paid. Sec. 3626, R. S. 226. Execution against officer. The marshal authorized to execute any warrant of distress shall, by himself or by his deputy, proceed to levy and collect the sum remaining due, by distress and sale of the goods and chattels of such delinquent officer, having given ten days' previous notice of such intended sale, by affixing an advertise- ment of the articles to be sold at two or more public places in the town and county where the goods or chattels were taken, or in the town or county where the owner of such goods or chattels may reside. If the goods and chattels be not sufficient to satisfy the warrant, the same may be levied upon the person of such officer, who may be committed to prison, there to remain until discharged by due course of law. Sec. 3627, R. S. 227. Same Against surety. If the delinquent officer absconds, or if goods and chattels belonging to him can not be found sufficient to satisfy the warrant, the marshal or his deputy shall proceed, not- withstanding the commitment of the delinquent officer, to levy and collect the sum which remains due by such delinquent, by the distress and sale of the goods and chattels of his sureties; having given ten days' previous notice of such intended sale, by affixing an advertise- ment of the articles to be sold at two or more public places in the town or county where the goods or chattels were taken, or in the town or county where the owner resides. Sec. 3628, R. S. 228. Amount of levy a lien. The amount due by any delinquent officer is declared to be a lien upon the lands, tenements, and heredit- aments of such officer and his sureties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the office of the clerk of the district court 88 MILITARY LAWS OF THE UNITED STATES. of the proper district, until the same is discharged according to law. Sec. 3629, R. S. 229. Lands to ~be sold. For want of goods ano? chattels of a de- linquent officer or his sureties, sufficient to satisfy any warrant of distress issued pursuant to the foregoing provisions, the lands, tene- ments, and hereditaments of such officer and his sureties, or so much thereof as may be necessary for that purpose, after being advertised for at least three weeks in not less than three public places in the county or district where such real estate is situate, before the time of sale, shall be sold by the marshal of such district or his deputy. Sec. 3630, R. S. 230. Disposal of surplus moneys. All moneys which may remain of the proceeds of sales, after satisfying the warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer or surety, as the case may be. Sec. 3632, R.S. 231. Distress warrants to be issued When and by whom. When- ever any officer employed in the civil, military, or naval service of the Government, to disburse the public money appropriated for those branches of the public service, respectively, fails to render his accounts, or to pay over, in the manner and in the times required by law, or by the regulations of the Department to which he is account- able, any sum of money remaining in his hands, it shall be the duty of the proper Auditor, as the case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified the account of such delinquent officer to the Solicitor of the Treasury, who is hereby authorized and required immediately to pro- ceed against such delinquent officer, in the manner directed in the six preceding sections. Sec. 3633, R. S. 232. Same To be issued against all delinquent fiscal officers and their sureties. All the provisions relating to the issuing of a war- rant of distress against a delinquent officer shall extend to every officer of the Government charged with the disbursement of the public money, and to their sureties, in the same manner and to the same extent as if they were herein described and enumerated. Sec. 363^, R.S. 233. Same Postponement. With the approval of the Secretary of the Treasury, the institution of proceedings by a warrant of dis- tress may be postponed, for a reasonable time, in cases where, in his opinion, the public interest will sustain no injury by such postpone- ment. Sec. 3635, R. S. ' 234. Bill of complaint Injunction- by United States District Court. Any person who considers himself aggrieved by any war- rant of distress issued under the foregoing provisions may prefer a bill of complaint to any district judge of the United States, setting MILITARY LAWS OF THE UNITED STATES. 89 forth therein the nature and extent of the injury of which he com- plains; and thereupon the judge may grant an injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires. But no injunction shall issue till the party applying for it gives bond, with sufficient security, in a sum to be prescribed by the judge, for the performance of such judgment as may be awarded against him; nor shall the issuing of such injunc- tion in any manner impair the lien produced by the issuing of the warrant. And the same proceedings shall be had on such injunc- tion as in other cases, except that no answer shall be necessary on the part of the United States, and if, upon dissolving the injunction, it appears to the satisfaction of the judge that the application for the injunction was merely for delay, the judge may add to the law- ful interest assessed on all sums found due against the complainant such damages as, with such lawful interest, shall not exceed the rate of ten per centum a year. Such injunction may be granted or dis- solved by the district judge either in or out of court. Sec. 3636, R. S. 235. Injunction ~by United States Circuit Court. When the district judge refuses to grant an injunction to stay proceedings on a distress warrant, as aforesaid, or dissolves such injunction after it is granted, any person who considers himself aggrieved by the decision in the premises may lay before the circuit justice, or circuit judge of the circuit within which such district lies, a copy of the proceeding had before the district judge; and thereupon the circuit justice or circuit judge may grant an injunction, or permit an appeal, as the case may be, if, in his opinion, the equity of the case requires it. The same proceedings, subject to the same conditions, shall be had upon such injunction in the circuit court as are prescribed in the district court. Sec. 3637, R. S. 236. Rights of United States not impaired. Nothing contained in the provisions of this title relating to distress warrants shall be con- strued to take away or impair any right or remedy which the United States might have, by law. for the recovery of taxes, debts, or de- mands. Sec. 3638, R. S. MISCELLANEOUS PROVISIONS. 237. Requisitions Warrants Advances. Every requisition for an advance of money * before being acted on by the Secretary of the Treasury, shall be sent to the proper Auditor for action thereon as required by section twelve 2 of this act. 1 Section 8 of the act of July 31, 1894, has no application to the questions re- specting the advance of funds which, under this section, are subject to the deci- sion of the Auditor, with a review by the Secretary of the Treasury. (1 Corap. Dec., 409.) a See par. 196, ante. 90 MILITARY LAWS OF THE UNITED STATES. All warrants, when authorized by law and signed by the Secretary of the Treasury, shall be countersigned by the Comptroller of the Treasury, and all warrants for the payment of money shall be accom- panied either by the Auditor's certificate, mentioned in section seven of this act, or by the requisition for advance of money, which certifi- cate or requisition shall specify the particular appropriation to which the same should be charged, instead of being specified on the warrant, as now provided by section thirty-six hundred and seventy-five of the Revised Statutes; and shall also go with the warrant to the Treas- urer, who shall return the certificate or requisition to the proper Auditor, with the date and amount of the draft issued indorsed thereon. Requisitions for the payment of money on all audited ac- counts, or for covering money into the Treasury, shall not hereafter be required. And requisitions for advances of money shall not be countersigned by the Comptroller of the Treasury. Sec. 11, Act of July 31, 1894 ($ 8tat. 209). 238. Compromise of claims. Upon a report by a district attorney, or any special attorney or agent having charge of any claim in favor of the United States, showing in detail the condition of such claim, and the terms upon which the same may be compromised, and recom- mending that it be compromised upon the terms so offered, and upon the recommendation of the Solicitor of the Treasury, the Secretary of the Treasury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. 1 Sec. 34.69, R. S. 239. Set-off. When any final judgment recovered against the United States or other claim duly allowed by legal authority, shall be presented to the Secretary of the Treasury for payment, and the plaintiff or claimant therein shall be indebted to the United States in any manner, whether as principal or surety, it shall be the duty of the Secretary to withhold payment of an amount of such judgment or claim equal to the debt thus due to the United States ; and if such plaintiff or claimant assents to such set-off, and discharges his judg- ment or an amount thereof equal to said debt or claim, the Secretary shall execute a discharge of the debt due from the plaintiff to the United States. But if such plaintiff, or claimant, denies his in- debtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judgment, or claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the 1 Compromise of claims. Claims against the United States which are disputed by the officers authorized to adjust such accounts may be compromised, and if the claimant voluntarily enters into such a compromise and accepts a smaller sum than the claim and executes a discharge in full for the whole claim, he is hound by the adjustment and can not sue for what he has voluntarily relin- quished. (Sweeny v. U. S., 17 Wall., 75, 77; Mason v. U. S., id., 67; U. S. v. (ieorge, 3 Blatch., 406.) MILITARY LAWS OF THE UNITED STATES. 91 United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amounts so withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary, with six per cent interest thereon for the time it has been withheld from the plaintiff. 1 Act of Mar. 3, 1875 (18 Stat. 481). 240. Assignments of claims Powers of attorneys. All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or condi- tional, and whatever may be the consideration therefor, and all powers of attorney, orders, .or other authorities for receiving pay- ment of any such claim, or of any part or share thereof, shall be absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issu- ing of a warrant for the payment thereof. Such transfers, assign- ments, and powers of attorney must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer ; and it must appear by the certificate that the officer, at the time of the acknowledgment, read and fully ex- plained the transfer, assignment, or warrant of attorney to the person acknowledging the same. 2 Sec. 3477, R. S. 1 Set-off. When a person is both debtor and creditor of the United States, in any form, the officers of the Treasury Department in settling the accounts not only have the power, but are required, in the proper discharge of their duties, to set off the one indebtedness against the other, and to allow and certify for payment only the balance found due on one side or the other. * * * The right of set-off in such cases exists independently of these enactments (sec. 1766, Rev. Stat., and the act of March 3, 1875; 1 Sup. to Rev. Stat. 185), and is founded upon what is now section 236 of the Revised Statutes. (Taggart v. U. S., 17 Ct. Cls., 322, 327; McKnight's Case, 13 id., 292; Bonnafon's Case, 14 id., 489; Howes v. U. S., 24 id., 170; Reeside v. Walker, 11 How., 272, 290.) The power in the matter of set-offs conferred upon the Secretary of the Treas- ury by the act of March 3, 1875 (18 Stat. 481), is exclusive, and can not be exercised by the courts. (U. S. v. Griswold, 30 Fed. Rep., 604.) 2 The accounting officers of the Treasury will not approve powers of attorney to demand and receive moneys due upon claims against the United States when such powers are not executed in accordance with the provisions of section 3477 of the Revised Statutes. (1 Comp. Dec., 142.) Section 8477 of the Revised Statutes, making null and void all assignments and powers of attorney to col- lect any claim or demand against the Government (unless the power of attorney is given after the settlement of the claim and the issuance of the warrant in payment) applies to liquidated, certain, and undisputed demands as well as to those which are unliquidated, uncertain, or disputed. (Id., 276.) Transfers and assignments of claims. The restrictions of the Comptroller of the Treasury in regard to the allowance of credits to disbursing officers for pay- ments made by them on powers of attorney or other forms of tausfer or assignment being so great as to amount practically to a prohibition of such 92 MILITAEY LAWS OF THE UNITED STATES. 241. Checks outstanding three years or more to be covered into the Treasury as " Outstanding liabilities" At the termination of each fiscal year all amounts of moneys that are represented by certificates, drafts, or checks, issued by the Treasurer, or by any disbursing officer of any Department of the Government, upon the Treasurer or any assistant treasurer, or designated depositary of the United States, or upon any national bank designated as a depositary of the United States, and which shall be represented on the books of either of such offices as standing to the credit of any disbursing officer,' and which were issued to facilitate the payment of warrants, or for any other purpose in liquidation of a debt due from the United States, and which have for three years or more remained outstanding, unsatis- fied, and unpaid, shall be deposited by the Treasurer, to be covered into the Treasury by warrant, and to be carried to the credit of the parties in whose favor such certificates, drafts, or checks were re- spectively issued, or to the persons who are entitled to receive pay payments, disbursing officers will refuse to pay the assignee of any claim, except as to assignments authorized by paragraphs 1258 and 1383 of the Army Regulations of 1913. When claims or vouchers which have been assigned are presented for pay- ment, the holders will be informed that disbursing officers have no authority to make payments to them as assignees, and that payments can only be made to the original persons to whom the money is due. (Decision Asst. Sec. War, Nov. 7, 9527033, A. G. O., ,95. Circ. 13, A. G. O., 1895.) Assignments of pay by officers and enlisted men. The assignment of their pay accounts by any officers, after the same become due, is authorized by paragraph 1258, Army Regulations of 1913, and is legal. (3 Second Comp. Dec., 45; id., 47.) Such transfers are accomplished in accordance with paragraphs 1258 and 1383, Army Regulations of 1913. Attachments. An attachment can not be enforced against public money in the hands of a disbursing officer of the Government, and he is authorized to pay the Government's creditor without regard to such attempted levy. (1 Comp. Dec., 171; Buchanan v. Alexander, 4 How., 20.) For later specific authority to make payments on assignments by Army officers see Act of March 2, 1913 (37 Stat. 710), par. 647 i post. The provision of the Revised Statutes (section 3477), making void transfers and assignments of claims against the United States, relates to voluntary assign- ments, and does not extend to transfers by operation of law, or interfere with the equitable doctrine of subrogation. (Amer. Tob. Co. v. U. S., 32 Ct. Cls., 207; 2 Comp. Dec., 49.) While section 3477 of the Revised Statutes declares null and void all powers of attorney given prior to the settlement of a claim and the issuing of a warrant in payment, yet when payments are made upon valid, unrevoked, and undisputed powers of attorney, credit must be given in settle- ments of the disbursing officer making them. (1 Comp. Dec., 431; id., 119; id., 453.) Under the decisions of the courts the accounting officers are required, notwithstanding the provisions of section 3477 of the Revised Statutes, to credit disbursing officers with payments actually made by them under powers of attor- ney, provided it is shown that, at the time of such payment, such powers are undisputed and have not been revoked, either by the voluntary action of the principal or by his death. (Id., 142.) Payments may be made to a corpora- tion under a contract entered into by an attorney duly authorized to act for the corporation in the making of such contract. (2 Comp. Dec., 30; id., 295.) See also decision of Secretary of War of November 7, 1895, in Circular 13, A. G. O., 1895. The assignment of a quartermaster's voucher, unless made " after the allow- ance of such a claim " and in conformity with all the other requirements of section 3477 of the Revised Statutes, is " absolutely null and void." The ex- igencies of the war and of the Government service immediately after the war, MILITARY LAWS OF THE UNITBD STATES. 93 therefor, and into an appropriation account to be denominated " outstanding liabilities." l Sec. 306, R. S. 242. Outstanding liabilities. The certificate of the Secretary of the Treasury, stating that the amount of any draft issued by the Treasurer, to facilitate the payment of a warrant directed to him for payment, has remained outstanding and unpaid for three years or more, and has been deposited and covered into the Treasury in the manner prescribed by the preceding section, shall be, when at- tached to any such warrant, a sufficient voucher in satisfaction of any such warrant or part of any warrant, the same as if the drafts cor- rectly indorsed and fully satisfied were attached to such warrant or part of warrant. And all such moneys mentioned in this and in the preceding section shall remain as a permanent appropriation for the redemption and payment of all such outstanding and unpaid certificates, drafts, and checks. Sec. 307, R. S. which at one time were relied upon to support the practice of paying the assignees of such vouchers, can not be made available in deciding cases now arising. (3 Dig. 2d Comp. Dec., par. 156.) The mischiefs which this statute was intended to prevent were mainly two: (1) The danger that the rights of the Government might be embarrassed by having to deal with several persons instead of one, and by the introduction of a party who was a stranger to the original transaction; (2) that, by a transfer of such claim against the Government to one or more persons not originally interested in it, the way might be conveniently opened to such improper in- fluences in prosecuting the claim before the Departments, the courts, or tla< Congress as desperate cases, when the reward is contingent on success, so oftel suggest. In Spofford v. Kirk (97 U. S., 490) the Supreme Court had said that the greater of the two evils was the possible combination of interests and in- fluences in the prosecution of claims which might have no real foundation. (Goodman v. Niblack, 102 U. S., 560; Bailey v. U. S., 109 U. S., 438; Milliken v. Barrow, 65 Fed. Rep., 888, 892.) The provisions of section 3477 of the Revised Statutes, prohibiting and mak- ing void transfers of any claim against the United States before the allowance of such claim, apply only to claims existing at the time of the transfer, in the form of a right to demand money from the United States, and not to cases where at the very inception of the transaction out of which a claim against the United States may arise, one party assigns to another the contingent profits he hopes to make, but which do not then exist, and can only be secured by the loan of the assignee's money to the assignor. (Milliken v. Barrow, 65 Fed. Rep., 888.) The word "claim" as used in section 3477, Revised Statutes, which provides that " all transfers and assignments made of any claim upon the United States * * * shall be absolutely null and void " unless made as prescribed therein, comprehends all demands against the United States for the payment of money whether liquidated or unliquidated ; and an assignment of a judgment against the United States, made before the issuing of a warrant for the payment thereof, is within the meaning of the statute and void. (4 Comp. Dec., 196; I id., 276.) The provisions of section 3477, Revised Statutes, touching transfers and assignments of claims against the United States, and powers of attorney, etc., for receiving payment thereof, do not apply to undisputed claims or any claim about which no question is made as to its validity or extent. (XVII Opin. Att. Gen., 545; XXI id., 75; XX id., 578.) 1 When, ft claim passes into the form of checks, its legal character changes from that of a demand for goods sold and delivered to a claim represented by the checks given in liquidation of the original demand. The fund established by section 306, Revised Statutes, bears upon it the impress of a trust and the statutes of limitation can not be set up against money credited to the claimant in the permanent appropriation for outstanding liabilities. Such money is held as a trust fund payable on demand without limit of time. (32 Ct. Cls., 30; U. S. v. Taylor, 104 U. S., 216.) 94 MILITARY LAWS OF THE UNITED STATES. 243. Payment of checks the amounts of which have been covered into " Outstanding liabilities." The payee or the bona fide holder of any draft or check the amount of which has been deposited and cov- ered into the Treasury pursuant to the preceding sections, shall, on presenting the same to the proper officer of the Treasury, be entitled to have it paid by the settlement of an account and the issuing of a warrant in his favor, according to the practice in other cases of authorized and liquidated claims against the United States. Sec. 308, R. S. 244. Balances of disbursing officers' accounts remaining unchanged for three years to be covered into the Treasury. The amounts, except such as are provided for in section three hundred and six, of the accounts of every kind of disbursing officer, which shall have re- mained unchanged, or which shall not have been increased by any new deposit thereto, nor decreased by drafts drawn thereon, for the space of three years, shall in like manner be covered into the Treas- ury, to the proper appropriation to which they belong; and the amounts thereof shall, on the certificate of the Treasurer that such amount has been deposited in the Treasury, be credited by the proper accounting officer of the Department of the Treasury on the books of the Department, to the officer in whose name it had stood on the books of any agency of the Treasury, if it appears that he is entitled to such credit. Sec. 309, R. S. (For provisions of law requiring annual reports to the Secretary of the Treasury by the Treasurer and Assistant Treasurers of all balances unchanged in disbursing officers' accounts for three years or more and by disbursing officers of all checks outstanding and unpaid for same period, see par. 183, ante.) 245. Lost checks Issuance of duplicates. Whenever any original disbursing officer's check is lost, stolen, or destroyed, the Secretary of the Treasury may authorize the officer issuing the same, after the expiration of six months and within three years from the date of such disbursing officer's check, to issue a duplicate thereof upon the execution of such bond to indemnify the United States as the Secre- tary of the Treasury may prescribe: Provided, That when such original disbursing officer's check does not exceed in amount the sum of fifty dollars the Secretary of the Treasury may authorize the issuance of a duplicate at any time after the expiration of thirty days and within three years from the date of such disbursing officer's check: Provided further, That whenever any original check or war- rant of the Post-Office Department has been lost, stolen, or destroyed the Postmaster-General may authorize the issuance of a duplicate thereof, at any time within three years from the date of such original check or warrant, upon the execution by the owner thereof of such bond of indemnity as the Postmaster-General may prescribe: And provided further, That when such original check or warrant does not MILITAKY LAWS OF THE UNITED STATES. 95 exceed in amount the sum of fifty dollars and the payee or owner is, at the date of the application, an officer or employee in the service of the Post-Office Department, whether by contract, designation, or ap- pointment, the Postmaster-General may, in lieu of an indemnity bond, authorize the issuance of a duplicate check or warrant upon such an affidavit as he may prescribe, to be made before any post- master by the payee or owner of an original check or warrant. Sec. 3646, R. S., as amended ~by Act of Feb. 23, 1909 (35 Stat. 643). In case the disbursing officer or agent by whom such lost, de- stroyed, or stolen original check was issued is dead or no longer in the service of the United States, it shall be the duty of the proper accounting officer, under such regulations as the Secretary of the Treasury may prescribe, to state an account in favor of the owner of such original check for the amount thereof and to charge such amount to the account of such officer or agent: Provided, That in case a check drawn by any officer or agent of the Post- Office Depart- ment is lost, stolen, or destroyed a duplicate thereof may be issued under regulations prescribed by the Postmaster-General, as set forth in section thirty-six hundred and forty-six. Sec. 3647, R. S., as amended ly Act of Pel. 23, 1909 (35 Stat. 643). [For method of procedure in case a check has been lost, destroyed, or stolen, see pars. 602 and 607, A. R., 1913.] 246. Certification of Treasury records Transcripts. The tran- scripts from the books and proceedings of the Department of the Treasury, and the copies of bonds, contracts, and other papers, pro- vided for in section eight hundred and eighty-six of the Revised Statutes, 1 shall hereafter be certified by the Secretary or an Assistant Secretary of the Treasury under the seal of the Department. Sec. 17, Act of July 31, 1894 (%& Stat. 210), as amended ~by sec. 10, Act of Mar. 2, 1895 (28 Stat. 809). 247. Certain transcripts to be admitted in evidence. When suit is brought in any case of delinquency of a revenue officer, or other person accountable for public money, a transcript from the books and proceedings of the Treasury Department, certified by the Secre- tary or an Assistant Secretary of the Treasury and authenticated under the seal of the Department, or, when the suit involves the accounts of the War or Navy Departments, certified by the Auditors respectively charged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the cause shall be au- thorized to grant judgment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or con- nected with, the settlement of any account between the United States and an individual, when certified by such auditor to be true * Paragraph 247, post. 96 MILITAKY LAWS OF THE UNITED STATES. copies of the originals on file, and authenticated under the s",al of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument, and the defendant pleads "non est facturn,'' or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the production of the original bond, contract, or other paper speci- fied in such affidavit. Sec. 886, R. S., as amended ~by sec. 17, Act of July 31, 1894 (^8 Stat. 210}, and sec. 10, Act of Mar. 2, 1895 (28 Stat. 809}. 248. Special agents, employment of. Whenever it becomes neces- sary for the head of any Department or office to employ special agents, other than officers of the Army or Navy, who may be charged with the disbursement of public moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the Department or office employing them may ap- prove. Sec. 3614, R. S. CHAPTER VI. POSTAL LAWS. Par. Oath of office 249-250 The Postmaster General and oth- ers in postal service to take an oath 249 Oath may be taken before mili- tary officer 250' Free letters 251-253 Soldiers' letters 251 Official letters 252 Same.. . 253 Par. Official envelopes, franking privilege, penalty envelopes, registra- tion 254-257 Department to procure envelopes 254 Extension of franking privilege. 255 Return penalty envelopes 256 Registration of mail, Executive Departments 257 249. The Postmaster-General and others in postal service to take an oath. Before entering upon the duties of his office and before he shall receive any salary the Postmaster-General and each of the per- sons employed in the postal service shall respectively take and sub- scribe before some magistrate or other competent officer the follow- ing oath : " I, A. B., do solemnly swear (or affirm) that I will faith- fully perform all the duties required of me, and abstain from every- thing forbidden by the laws in relation to the establishment of post- offices and post-roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control; and I also further swear that I will support the Constitu- tion of the United States; so help me God." Sec. 391, R. S., as amended by sec. 15, Act of Mar. 5, 1874 (18 Stat. 19). 250. Oath may be taken before military officer. This oath or affirmation may be taken before any officer, civil or military, holding a. commission under the United States, and such officer is hereby authorized to administer and certify such oath or affirmation. Sec. 392, R. S., as amended by sec. 15, Act of Mar. 5, 187 '4 (18 Stat. 20). 251. Soldiers^ letters. The Postmaster-General may, however, provide by regulation, for transmitting unpaid and duly certified letters of soldiers, sailors, and marines in the service of the United States to their destination, to be paid on delivery. Sec. 9, Act of Mar. 3, 1879 (20 Stat. 358). 252. Official letters. It shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating 48985 15 7 97 98 MILITARY LAWS OF THE UNITED STATES. exclusively to the business of the Government of the United States: Provided, That every such letter or package to entitle it to pass free shall bear over the words " Official business " an endorsement show- ing also the name of the department, and, if from a bureau or office, the names of the department and bureau or office, as the case may be, whence transmitted. Sec. 5, Act of Mar. 3, 1877 (19 Stat. 335) . [These envelopes are for use in domestic correspondence only, and will not cover the transportation of letters to foreign countries, upon which postage stamps must be used. (See paragraphs 834-839, Army Regulations, 1913, as to the use of penalty envelopes.)] 253. Same. Whoever shall make use of any official envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined not more than three hundred dollars. Sec. 227, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1134) . 254. Departments to procure envelopes. For the purpose of carry- ing this act into effect, it shall be the duty of each of the Executive Departments of the United States to provide for itself and its sub- ordinate offices the necessary envelopes; and in addition to the in- dorsement designating the department in which they are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon. Sec. 6, Act of Mar. 3, 1877 (19 Stat. 336) . 255. Extension of franking privilege. The provisions of the fifth and sixth sections of the act entitled "An act establishing post routes, and for other purposes " approved March third, eighteen hundred and seventy-seven, for the transmission of official mail matter, be, and they are hereby, extended to all officers of the United States Government, not including members of Congress, the envelopes of such matter in all cases to bear appropriate indorsements containing the proper designation of the office from which or officer from whom the same is transmitted, with a statement of the penalty for their misuse. And the provisions of said fifth and sixth sections are hereby likewise extended and made applicable to all official mail matter of the Smithsonian Institution. Sec. 3, Act of July 5, 1884 (23 Stat. 158). 256. Return penalty envelopes. Any Department or officer author- ized to use the penalty envelopes may inclose them with return ad- dress to any person or persons from or through whom official infor- mation is desired, the same to be used only to cover such official in- formation, and indorsements relating thereto. Id. 257. Registration of mail, Executive Departments. Any letter or packet to be registered by either of the Executive Departments, or bureaus thereof, or by the Agricultural Department, or by the Public Printer, may be registered without the payment of any registry fee; find any part paid letter or packet addressed to either of said depart- MILITAEY LAWS OF THE UNITED STATES. 99 ments or bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional, such letter or packet shall be returned to the sender: Provided further, That this act shall not extend or apply to pension agents or other officers who receive a fixed allowance as compensation for their services, including expenses of postages. And section thirty- nine hundred and fifteen of the Revised Statutes of the United States, so far as the same relates to stamps and stamped envelopes for official purposes, is hereby repealed. Sec. 3, Act of July 5, 1884 (23 Stat. 158). CHAPTER VII. THE DEPARTMENT OF JUSTICE HABEAS CORPUS THE COURT OF CLAIMS, ETC. Par. The Department of Justice 258-265 Examination of titles 258 Emergency purchases 259 Questions of law to be sent to the * Attorney General 260 Opinions of Attorney General... 261 Head of department may require opinion 262 The Department of Justice to render opinions 263 Attorney General to provide counsel 264 Published opinions of the At- torney General 265 Habeas corpus 266 276 Habeas corpus 266 Same 267 Condition on which the writ may issue 268 How application for writ shall be made 269 Duty of court when application is made 270 Duty of person to whom writ is directed 271 Same 272 Same 273 Date for hearing 274 Duty of court when return is made 275 Suspension of the privilege of the writ of habeas corpus 276 The Court of Claims 277-279 The Court of Claims 277 Jurisdiction of district courts over claims 278 Set off, counter claims, etc 279 Decree in case of loss by a dis- bursing officer 280 Restriction on cases which may be filed.., . 281 Par. The Court of Claims Continued. Time limit for filing claims 282 Form of petition 283 Court may call on department for information 284 Petition must show ground for relief 285 Costs of taking evidence for claimant to be paid by him . . 286 Must be no intent to defraud the United States 287 When court may grant a new trial 288 Losing party to pay cost of print- ing, etc 289 No interest allowed before judg- ment 290 Payment under judgment to be full discharge to United States. 291 Final judgment to bar further demand 292 Attorney General to appear for the United States 293 Procedure where debtor to United States alleges no set- tlement within three years. . . 294 Same, right of appeal 295 Right of appeal 296 Appeal to be taken within 90 days 297 Court may allow costs in certain cases 298 Patents 299 Maritime Laws 300-303 Jurisdiction over offenses com- mitted on high seas 300 Seizures on the high seas 301 Condemnation of property cap- tured on high seas, etc 302 Vessels entering closed port or coming from state in insurrec- tion 303 101 102 MILITARY LAWS OF THE UNITED STATES. 258. *Exanlinatwn 'of "titles. No public money shall be expended upon any site or land purchased by the United States for the pur- poses of erecting thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public building, of any kind whatever, until the written opinion of the Attorney- Gen- eral shall be had in favor of the validity of the title, 1 nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney- General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective dis- tricts. And the Secretaries of the Departments, upon the applica- tion of the Attorney-General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of pro- curing it shall be paid out of the appropriations made for the con- tingencies of the Departments respectively. 1 Sec. 355, R. S. 259. Emergency purchases. -In case of emergency when, in the opinion of the President, the immediate erection of any temporary fort or fortification is deemed important and urgent, such temporary fort or fortification may be constructed upon the written consent of the owner of the land upon which such work is to be placed; and the requirements of section three hundred and fifty-five of the Re- vised Statutes shall not be applicable in such cases. Joint Res. No. 21, of Apr. 11, 1898 (30 Stat. 737). 260. Questions of law to ~be sent to the Attorney -General. When- ever a question of law arises in the administration of the Department of War or the Department of the Navy, the cognizance of which is not given by statute to some other officer from whom the head of the Department may require advice, it shall be sent to the Attorney- General, to be by him referred to the proper officer in his Depart- ment, or otherwise disposed of as he may deem proper. 2 Sec. 357 R. S. x The Attorney-General in certifying the title of land purchased by the Gov- ernment must look at the question as one of pure law, and can not relax the rules of law on account either of the desirableness of the object or the srnallness of the value of the land. (VI Opin. Att. Gen., 432. See the chapters entitled the Public Lands and Contracts and Purchases. See, also, I Comp. Dec., 348.) a The Attorney-General will only give official opinions on questions of law arising on facts which are authoritatively stated by a head of Department. (X Opin. Att. Gen., 267.) He has no authority to settle questions of fact, nor to give advice on questions of law, except for the assistance of the officer calling for his opinion on points stated. He takes the facts as they are stated to him and predicates his opinion on them. (Ill id., 309.) It is not the duty of the Attorney-General to give opinions on questions of fact, nor to review the pro- ceedings of a court-martial in search of questions of law. (V id., 626.) The Attorney-General will not give a speculative opinion on an abstract question of law, which does not arise in any case presented for the action of an Executive Department. (XI id., 189.) Nor will he review the opinion of MILITAEY LAWS OF THE UNITED STATES. 103 261. Opinions of Attorney -General. The Attorney-General shall give his advice and opinion upon questions of law, whenever re- quired by the President. Sec. 354, R. S. 262. Head of Department may require opinion. The head of any Executive Department may require the opinion of the Attorney- General on any questions of law arising in the administration of his Department. 1 Sec. 356, R. S. 263. The Department of Justice to render opinions. The officers of the Department of Justice, under the direction of the Attorney- General, shall give all opinions and render all services requiring the skill of persons learned in the law necessary to enable the President and heads of Departments, and the heads of Bureaus and other offi- cers in the Departments, to discharge their respective duties; and shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Su- preme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested ; and no fees shall be allowed or paid to any other attorney or coun- selor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. Sec. 361, R. S. 264. Attorney -General to provide counsel. Whenever the head of a Department or Bureau gives the Attorney-General due notice that the interests of the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service. Sec. 364, R- S. 265. Published opinions of the Attorney -General. The Attorney- General shall from time to time cause to be edited, and printed at the Government Printing Office, an edition of one thousand copies of such of the opinions of the law officers herein authorized to be given as he may deem valuable for preservation in volumes, which shall be, as to size, quality of paper, printing, and binding, of uni- form style and appearance, as nearly as practicable, with volume eight of such opinions, published, by Robert Farnham, in the year eighteen hundred and sixty-eight. Each volume shall contain proper a former Attorney-General, unless a proper case is presented therefor, and sub- mitted by the head of a Department. (Id.) Where an official opinion from the Attorney-General is desired on questions of law arising on any case, the request should be accompanied by a statement of the material facts in the case, and also the precise questions on which advice is wanted. (XVI id., 367. See note to paragraph 265, post.) lr The Attorney-General is not authorized to give an official opinion in any case, except on the call of the President or some one of the heads of Depart- ments. (1 Opin. Att. Gen., 211.) Subordinate officers of the Government who desire an official opinion of the Attorney-General must seek it through the head of the Department to which they are accountable. (Id.) 104 MILITARY LAWS OF THE UNITED STATES. .headnotes, a complete and full index, and such footnotes as the Attor- ney-General may approve. Such volumes shall be distributed in such manner as the Attorney-General may from time to time prescribe. 1 Sec. 383, R. S. 266. Habeas corpus. The Supreme Court and the [circuit 2 and] district courts shall have power to issue writs of habeas corpus. 8 Sec. 751, R. 8. 267. Same. The several justices and judges of the said courts, within their respective jurisdictions, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restraint of liberty. Sec. 752, R. S. 268. Conditions on which the writ may issue. The writ of habeas corpus shall in no case extend to a prisoner in jail, un- less where he is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Consti- tution or of a law or treaty of the United States; or, being a sub- ject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or opinions of successive Attorneys-General, possessed of greater or less amount of legal acumen, acquirement, and experience, have come to constitute a body of legal precedents and exposition, having authority the same in kind, if not the same in degree, with decisions of the courts of justice. (VI Opin. Att. Gen., 326.) The opinion of the Attorney-General for the time being is, in terms, advisory to the Secretary who calls for it ; but it is obligatory as the law of the case unless, on appeal by such Secretary to the common superior of himself and the Attorney-General, namely, the President of the United States, it be by the latter overruled. (VII id., 692.) Although the acts prescribing the duties of the Attorneys-General do not declare the effect of their advice, it has been the practice of the Departments to heed it. It has been found greatly advantageous, if not absolutely necessary, to have uniformity of action upon analogous ques- tions and cases; and that result is more likely to be attained under the guidance of a single Department, constituted for the purpose, than by a disregard of* its opinions and advice. (V id., 97.) 3 Circuit courts were abolished by the Judicial Code, Act of Mar. 3, 1911 (36 Stat 1087, 1169). 8 The Supreme Court may issue the writ in virtue of its original jurisdiction only in cases affecting ambassadors, other public ministers, and consuls, or in those to which a State is a party. (Ex parte Hung Hang, 108 U. S., 552.) In the exercise of its appellate jurisdiction, it may issue the writ for the pur- pose of reviewing the judicial decision of some inferior officer or court. (Id., 553; Ex parte Bollman and Swartwout, 4 Cr., 75; Ex parte Watkins, 7 Pet., 568; Ex parte Wells, 18 How., 307, 328; Ex parte Yerger, 8 Wall, 85; Ex parte Lange, 18 Wall., 163 ; Ex parte Parks, 93 U. S., 18 ; Ex parte Virginia, 100 U. S., 339; Ex parte Siebold, 100 U. S., 371.) Application to the Supreme Court for the issue of the writ must show that the case is within its jurisdiction. (In re Milburn, 9 Peters, 704.) MILITARY LAWS OF THE UNITED STATES. 105 unless it is necessary to bring the prisoner into court to testify. 1 Sec. 753, R. S. 269. How application for writ shall be made. Application for writ of habeas corpus shall be made to the court, or justice, or judge authorized to issue the same, by complaint in writing, signed by the person for whose relief it is intended, setting forth the facts concern- ing the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set forth in the complaint shall be verified by the oath of the person making the application. Sec. 754, R. S. 270. Duty of court when application is made. The court, or jus- tice, or judge to whom such application is made shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitlecHhereto. The writ shall be directed to the person in whose custody the party is detained. 2 Sec. 755, R. S. 271. Duty of person to ivhom writ is directed. Any person to whom such writ is directed shall make due return thereof within three days thereafter, unless the party be detained beyond the dis- tance of twenty miles ; and if beyond that distance and not beyond a 1 A justice of the Supreme Court may issue the writ in any part of the United States where he happens to be, and may make it returnable to himself, or may refer it to the court for determination. (Ex parte Clarke, 100 U. S., 399, 403.) The writ can not be made to perform the function of a writ of error. (Ex parte Virginia, 100 U. S., 339; Ex parte Reed, id., 13, 23.) The writ may be used in connection with the writ of certiorari to determine whether the court below acted with jurisdiction. (Ex parte Lange, 18 Wall., 163; Ex parte Vir- ginia, 100 U. S., 339; Ex parte Siebold, id., 371 ) This section does not re- quire that the law therein mentioned shall be by express act of Congress. Any obligation fairly and properly inferable from the Constitution, or any duty of ii United States officer to be derived from the general scope of his duties, is a " law " within the meaning of the statute. (Cunningham v. Neagle, 135 U. S., 1. See also Ex parte Dorr, 3 How., 103; Ex parte Barnes, 1 Sprague, 133; Ex parte Bridges, 2 Woods, 428.) 3 In the courts of the United States the practice prevailing at the common law at the time of the adoption of the Constitution is still pursued. The writ may be granted in term time or by a justice or judge of a Federal court, having jurisdiction to issue the writ, in vacation, or at any time, and may be issued by a justice of the Supreme Court in any part of the country, wherever he may be. (Kurd, Hab. Corp., 214; U. S. v. Clarke, 100 U. S., 403.) The usual course of proceeding is for the court, on the application of the prisoner for a writ of habeas corpus, to issue the writ and, on its return, to hear and dispose of the case; but where the cause of imprisonment is fully shown by the petition, the court may, without issuing the writ, consider and determine whether, upon the grounds presented in the petition, the prisoner, if brought before the court, would be discharged. (Ex parte Milligan, 4 Wall., 2.) Under the requirements of this section, the writ, though a matter of right, does not issue as a matter of course and may be refused if, upon the showing made in the petition, it appear that the petitioner, if brought into court would be remanded. (In re King, 51 Fed. Rep., 434 ; In re Jordan; 49 Fed. Rep., 238 ; In re Haskell, 52 Fed. Rep., 795.) Suspension of the privilege of the writ does not suspend the writ itself. The writ issues as a matter of course; and, on its return, the court decides whether the applicant is denied the privilege of proceeding any further. (Ex parte Milligan, 4 Wall., 2.) 106 MILITARY LAWS OF THE UNITED STATES. distance of a hundred miles, within ten days; and if beyond the dis- tance of a hundred miles, within twenty days. 1 Sec. 756, R. 8. 272. Same. The person to whom the writ is directed shall certify to the court, or justice, or judge before whom it is returnable the true cause of the detention of such party. Sec. 757, R. S. 273. Same. The person making the return shall at the same time bring the body of the party before the judge who granted the writ. Sec.758,R.S. 274. Date for hearing. When the writ is returned, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party petitioning requests a longer time. Sec. 759, R. S. [If the service of the writ be prevented by military force, it will be ordered to be placed on the files of the court, to be served when practicable. (Ex parte Winder, 2 Clifford, 89.) An order from a subordinate in the War Department to an officer not to obey the writ by the production of the body, is no justification to the officer. (Ex parte Field, 5 Blatchford, C. C., 63.)] 275. Duty of court when return is made. The court, or justice, or judge shall proceed in a summary way to determine the facts of the case, by hearing the testimony and arguments, and thereupon to dispose of the party as law and justice require. 2 Sec. 761, R. S. 1 In regard to the duties of an officer upon whom has. been served a writ of habeas corpus, as well as for the forms of return, etc., see the Manual for Courts-Martial and the Army Regulations. 2 (6) The purpose of the writ is to enable the court to inquire, first, if the petitioner is restrained of bis liberty. If he is not, the court can do nothing but discharge the writ. If there is such restraint, the court can then inquire into the causes of it, and if the alleged cause is unlawful, it must then dis- charge the prisoner. * * * In the case of a man in the military or naval service, where he is, whether as an officer or private, always more or less sub- ject in his movements, by the very necessity of military rule and subordination, to the orders of his superior officer, it should be quite clear that some unusual restraint upon his liberty of personal movement exists to justify the issue of the writ ; otherwise every order of the superior officer directing the movements of the subordinate, which necessarily to some extent controls his freedom of will, may be held to be a restraint of his liberty and the party so ordered may seek relief from obedience by means of a writ of habeas corpus. Some- thing more than moral restraint is necessary to make a case for habeas corpus. There must be actual confinement or the present means of enforcing it. (Wales v. Whitney, 114 U. S., 564, 571.) Where a court-martial has jurisdic- tion of the person and of the subject-matter and is competent to pass the sen- tence under which the prisoner is held, its proceedings can not be collaterally impeached, and a writ of habeas corpus can not be made to perform the func- tion of a writ of error. (Ex parte Reed, 100 U. S., 13, 23; Ex parte Kearney, 7 Wheat., 38; Ex parte Watkins, 3 Pet, 193; Ex parte Milligan, 4 Wall., 2; Ex parte Mason, 105 U. S., 696; Ex parte Curtis, 106 U. S., 371; Ex parte Carrl. id., 521 ; Ex parte Bigelow, 113 U. S., 328 ; Davis v. Reason, 133 id., 333 ; In re Frederick, 149 id., 70; Smith v. Whitney, 116 U. S., 167; U. S. v. Grimley. 137 U. S., 147 ; Johnson v. Sayre, 158 U. S., 109 ; In re Royd, 49 Fed. Rep., 48 ; Crossley v. California,, 168 U. S., 640; Ex parte Lennon, 164 Fed. Rep., 320; In re Lawrence, 84 id.',' 99.) Where a medical director in the Navy, against whom charges had been preferred and in whose case a general court-martial had been ordered, was placed in arrest by the Secretary of the Navy, and notified to confine himself to the limits of the city of Washington: Held, That this constituted no such restraint of liberty as to sustain a writ of habeas corpus. (Wales v. Whitney, 114 U. S., 564.) Where a person is in custody under process from a State court of original jurisdiction for an alleged offense against the laws of such MILITARY LAWS OF THE UNITED STATES. 107 276. Suspension of the privilege of the writ of habeas corpus. The privilege of the writ of habeas corpus shall not be suspended. State, and it is claimed that he is restrained of his liberty in violation of the Constitution of the United States, the circuit court has a discretion whether it will discharge him upon a habeas corpus, in advance of his trial in the court in which he is indicted ; that discretion, however, to be subordinated to any special circumstances requiring immediate action. When the State court has finally acted upon the case, the circuit court has still a discretion whether, under all the circumstances, the accused, if convicted, shall be put to his writ of error from the highest court of the State, or whether it will proceed, by writ of habeas corpus, summarily to determine whether the prisoner is re- strained of his liberty in violation of the Constitution of the United States. (Ex parte Royall, 117 U. S., 241, 253; Ex parte Watkins, 3 Pet, 201; Ex parte Bridges, 2 Woods, 428 ; Ex parte Lange, 18 Wall., 163 ; In re Kings, 51 Fed. Rep., 434 ; Ex parte Hanson, 28 Fed. Rep., 127, 131 ; In re Jordan, 49 Fed. Rep., 238 ; In re Lawrence, 80 id., 99; Ex parte Lennon, 64 id., 320.) Where a United States marshal in custody for an act done in pursuance of a law of the United States is brought before a Federal court by habeas corpus and discharged, he can not afterwards be tried by the State court. (Cunningham r. Neagle, 135 U. S., 1. See, also, In re Boardman, 169 U. S., 39; Baker v. Grice, id., 284; Nishimura Ekin v. U. S., 142 id., 651, 166 U. S., 391; lasigi v. Van de Surr, 166 U. S., 391.) Conflict of State and Federal authority. The writ of habeas is a high pre- rogative writ known to the common law, the great object of which is the liberation of those who may be imprisoned without sufficient cause. It is in the nature of a writ of error to examine the legality of the commitment. (Ex parte Watkins, 3 Pet., 202.) The Federal courts by whom, and the cases in which, it may be issued are described in sections 751, 752, 753, 754, 762, 763, 764, and 765 of the Revised Statutes Subject to the paramount authority of the National Government, by its own tribunals, to inquire into the legality of custody of prisoners held by the United States courts or officers, the States may inquire into the grounds on which any person in their respective limits is restrained of his liberty. (Robb v. Connolly, 111 U. S., 624.) A State court has no jurisdiction by habeas corpus to release a prisoner held by order of Federal court. (Ableman v. Booth, 21 How., 506.) And a judicial officer of a State can not, by means of a writ of habeas corpus, take and discharge a person held by or under color of authority of the United States. If it appear upon the return to a writ of habeas corpus that the person is detained under color of the authority of the United States, the State court has no further jurisdiction. (Tarble's case, 13 Wall., 397.) We do not question the authority of the State court or judge who is authorized by the laws of the State to issue the writ of habeas corpus to issue it in any case where the party is imprisoned within its territorial limits, provided it does not appear, when the application is made, that the person imprisoned is in custody under the authority of the United States. The court or judge has a right to inquire, in this mode of proceeding, for what cause and by what authority the prisoner is confined within the territorial limits of the State sovereignty. And it is the duty of the marshal or other person having the custody of the prisoner to make known to the judge or court, by a proper return, the authority by which he holds him in custody. * * * But after the return is made and the State judge or court judicially apprised that the party is in custody under the authority of the United States, thej can proceed no further. * * * And although, as we have said, it is the duty of the marshal or other person holding him to make known, by a proper return, the authority under which he detains him, it is at the same time imperatively his duty to obey the process of the United States, to hold the prisoner in custody under it, and to refuse obedience to the mandate or process of any other Government. And consequently it is his duty not to take the prisoner, nor suffer him to be taken, before a State judge or court upon a habeas corpus issued under State authority. No State judge or court, after they are judicially informed that the party is imprisoned under the authority of the United States, has any right to interfere with him, or to re- quire him to be brought before them. And if the authority of a State, in the form of a judicial process or otherwise, should attempt to control the marshal or other authorized officer or agent of the United States, in any respect in the custody of his prisoner, it would be his duty to resist it and to call to his aid any force that might be necessary to maintain the authority of law against illegal interference." No judicial process, whatever form it may assume, can have 108 MILITAKY LAWS OF THE UNITED STATES. unless when in cases of rebellion or invasion the public safety may require it. 1 Art. 1, sec. 9, par. 2, Constitution of United States. any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it was issued, and- an attempt to enforce it beyond these boundaries is nothing less than lawless violence. (Ableman v. Booth, 21 How., 506.) A State judge has no jurisdiction to issue a -writ of habeas corpus for a prisoner in custody of an officer of the United States if the fact of such custody is known to him before issuing the writ; and if such fact appears on the return to the writ, all further proceedings by him are void. And if the United States officer resist the enforcement of the State writ and is impris- oned therefor, he will be discharged by the Federal court. (Ex parte Sifford, 5 Am. Law Reg., O. S., 659.) A military officer of the United States is not bound to produce the body of an enlisted soldier in answer to a writ of habeas corpus issued from a State court or judge. (In re- Neill, 8 Blatch., 166.) The return of a military officer to a writ of habeas corpus need not be on oath. (In re Neill, 8 Blatch., 165.) The validity of the enlistment of a soldier can not be inquired into by a State court by the issue of a writ of habeas corups, and an officer of the Army may properly refuse to discharge an enlisted man in his command upon the order of a State court. (In re Ferrand, 1 Abbot, 140, 147.) An officer or agent of the United States engaged in the performance of a duty arising under the laws and authority of the United States is not liable to a criminal prosecution in the courts of a State for acts done by him in his official capacity. (In ro Waite, 81 Fed. Rep., 359.) An officer who, in the performance of what he conceives to be his official duty, transcends his author- ity and invades private rights, is answerable therefor to the Government under which he acts, and to individuals injured by his action ; but where there is no criminal intent he is not liable to answer the criminal process of another Gov- ernment. (In re Lewis, 83 id., 159; in re Neagle, 135 U. S., 1.) Federal courts have authority in habeas corpus proceedings to inquire into the guilt or inno- cence of persons committed on preliminary examination by a State tribunal on a criminal charge for acts done in the service of the United States, so far as to determine whether the acts were done wantonly and with a criminal intent. (Id., 159.) When an officer of the United States is sought to be held in a State court for punishment for acts done in the performance of his duty to the United States, it is not a sufficient reason for refusing his release upon habeas corpus that he may raise the question of his immunity in the State court, and carry the matter by writ of error to the United States Supreme Court, if necessary, since the operations of the Federal Government would, in the meantime, be obstructed by the confinement of its officer. (In re Waite, 81 Fed. Rep., 359.) a The privilege of the writ must here mean the right to the writ. (Paschal, 141.) The power to issue the writ is not privilege, to ask for it is. (Id.) It would seem, as the power is given to Congress to suspend the privilege of the writ in cases of rebellion or invasion, that the right to judge whether the exigency had arisen must exclusively belong to that body. (Martin v. Mott, 12 Wheat, 19; Ex parte Milligan, 4 Wall., 2; VIII Opin. Att Gen., 365.) The privilege of the writ was suspended by the act of March 12, 1863 (12 Stat. 755), which contained the following requirement: "During the present re- bellion the President of the United States whenever, in his judgment the public safety may require it, is authorized to suspend the writ of habeas corpus, in any case, throughout the United States or any part thereof." (Ex parte Mill- igan, 4 Wall., 2, 115-116; ValLandigham's trial, 1 id., 243.) On September 15, 1863, the President, by proclamation, suspended the privilege of the writ during the rebellion, throughout the United States, in all cases " when, by the authority of the President of the United States, the military, naval, and civil officers of the United States, or any of them, held persons under their command or in their custody, either as prisoners of war, spies, or aiders or abettors of the enemy, or officers, soldiers, or seamen, enrolled, drafted, or mustered or enlisted in or belonging to the land or naval forces of the United States, or as deserters therefrom, or otherwise amenable to military law, or the Rules and Articles of War, or the rules or regulations prescribed for the military or naval service by authority of the President of the United States, or for resisting a draft, or for any other offense against the military or naval service. (See, also, United States v. Hamilton, 3 Ball., 17; Hepburn et al. v. Ellzey, 2 Cr., 445; Ex parte Bollman and Swartwout, 4 Cr., 75; Ex parte Kearney, 7 Wh., 38; Ex parte Tobias Watkins, 3 Pet, 192; Ex parte Milburn, 9 Pet, 704; Holmes v. Jen- MILITARY LAWS OF THE UNITED STATES. 109 277. The Court of Claims. The Court of Claims shall have juris- diction to hear and determine the following matters : First. All claims (except for pensions) founded upon the Consti- tution of the United States or any law of Congress, upon any regula- tion of an Executive Department, upon any contract, express or im- plied, with the Government of the United States, or for damages, Jiquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable: Provided, however, That nothing in this section shall be construed as giving to the said court jurisdiction to hear and determine claims growing out of the late civil war, and commonly known as " war claims," or to hear and determine other claims which, prior to March third, eighteen hundred and eighty- seven, had been rejected or reported on adversely by any court, department, or commission authorized to hear and determine the same. Second. All set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court: Provided, That no suit against the Government of the United States, brought by any officer of the United States to recover fees for services alleged to have been per- formed for the United States, shall be allowed under this chapter until an account for said fees shall have been rendered and finally acted upon as required by law, unless the proper accounting officer of the Treasury fails to act finally thereon within six months after the account is received in said office. Third. The claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors, for relief from responsibility on account of loss by capture or otherwise, while in the line of his duty, of Gov- ernment funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible. 1 Sec. H5, Act of Mar. 3, 1911, Judicial Code (36 Stat. 1136). nison et al., 14 Pet., 540 ; Ex parte Dorr, 3 How., 103 ; Luther v. Borden, 7 How., 1 ; Ableman v. Booth and United States v. Booth, 21 How., 506 ; Ex parte Val- landigham, 1 Wall., 243; Ex parte Milligan, 4 Wall., 2; Ex parte McCardle, 7 Wall., 506; Ex parte Yerger, 8 Wall., 85 Tarble's case, 13 Wall., 397; Ex parte Lunge, 18 Wall., 163; Ex parte Parks, 93 U. S., 18; Ex parte Karstendick, 93 U. S., 396.) J The Court of Claims was established by the acts of February 24, 1855 (10 Stat, 612) ; March 3, 1863 (12 Stat., 765), and May 8, 1872 (17 Stat., 85). Its nrocedure is now governed by the Judicial Code, act of March 3, 1911 (36 Stat., 1087). This court was created with a view to give legal redress to the citizen as against the Government where he would have had legal redress as against another citizen. It is a curious fact, not generally known, that the example of Prussia and the German States in guarding the private rights of persons by subjecting the Government, in matters of account, to the judicial power of 110 MILITARY LAWS OF THE UNITED STATES. 278. Jurisdiction of district courts over claims. Concurrent with the Court of Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the ordinary courts of justice, led to the establishment of the Court of Claims. (Brown v. U. S., 5 Ct. Cls., 571, 577.) The provisions of the act of March 3, 1863, authorizing the Court of Claims to hear and determine, without a jury, claims against Government with set-offs, is not unconstitutional. (McElrath v. U. S., 102 U. S., 426.) A claimant presenting a claim founded upon a law of Congress has a legal right, under section 1059, Revised Statutes, to a definitive adjudication; and the power of the court to afford that can not be considered as interfered with by anything short of a lodgment of the power of definitive adjudication in some other tribunal or officer. (Thomas v. U. S., 16 Ct. Cls., 522.) The rejection of a claim by the accounting officers leaves the party to pursue his remedy at law, viz, an action in this court, though he may have accepted the portion allowed. (Longwill v. U. S., 17 Ct. Cls., 288; U. S. v. Kauffman, 96 U. S., 567.) Regulations of an Executive Department are rules relating to the subjects on which a department acts and are made by its head under an act of Congress conferring that power and thereby giving such regulations the force of law. A mere order of the President or of a Secretary is not a regulation. (Harvey v. U. S., 3 Ct. Cls., 38.) By the term "any regulation" is doubtless intended any regulation within the lawful discretion of the head of an executive depart- ment. * * * When Congress permits regulations to be formulated and pub- lished and carried into effect year after year, the legislative ratification must be implied. (Maddox v. U. S., 20 Ct. Cls., 193, 198.) The jurisdiction of the Court of Claims is confined to suits arising from con- tracts express or implied. (Langford v. U. S., 101 U. S., 341.) The United States can not be sued in the Court of Claims on equitable considerations merely. (Bonner v. U. S., 9 Wall., 156.) The language of the statutes which confer jurisdiction on the Court of Claims excludes, by the strongest implication, de- mands against the Government founded on torts. In such cases, where it is proper for the Nation to furnish a remedy, Congress has wisely reserved the matter for its own determination. (Gibbons v. U. S., 8 Wall., 269, 275; Reed v. U. S., 11 Wall., 591 ; Langford v. U. S., 101 U. S., 341. See, also, paragraphs 339-353, post.) Contracts. The Court of Claims, in the construction and enforcement of con- tracts, is bound to apply the principles which govern like contracts between individuals. (U. S. v. Smoot 15 Wall., 36; Curtis v. U. S., 2 Ct. Cls., 144: Brooke v. U. S., id., 180.) All questions of salary are questions of contract, and whether the salary is fixed by law, or by order of a department under authority of law, the Government contracts to pay the officer his salary, and, failing to do so, a suit therefor may be maintained in this court, whether the case arises under a revenue act or any other. (Patton v. U. S., 7 Ct. Cls., 362.) The United States can no more discharge its contracts by such performance than can an individual person do so. Congress may fail to appropriate, in whole or in part, the money required for payment of a public creditor, and thus leave the public officer without authority to draw money from the Treasury for that purpose, but the indebtedness and liability remain in force. (Mitchell v. U. S., 18 Ct. Cls., 281, 287 ; Graham v. U. S., 1 id., 380 ; Collins v. U. S., 15 id., 22 ; French v. U. S., 16 id., 419.) An officer who has been wholly retired from the service, but in whose case the order of retirement has been revoked by the President, who directs his name to be placed on the retired list, is an officer de facto, and though illegally on such retired list, money paid him by way of salary, so long as he holds the office in good faith, can not be recovered back. When one claiming to be an officer renders no service and holds no official rela- tions with the Government, money paid him for service may be recovered back. (Miller v. U. S., 19 Ct. Cls., 338.) In an action in the Court of Claims to re- cover a balance claimed to be due on pay account, the United States can set up, as a counter claim, an alleged overpayment to him on account of pay, and can have judgment for its collection. (U. S. v. Burchard, 125 U. S., 176; McElrath v. U. S., 102 U. S., 426.) An officer can only bind the Government by nets which come within a just exercise of his official power. (Hunter v. U. S., 5 Pet., 173, 178; The Floyd Ac* MILITAKY LAWS OF THE UNITED STATES. Ill United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable, and of all set-offs, counterclaims, claims for damages, whether liquidated or ceptances, 7 Wall., 666; Whiteside v. U. S., 93 U. S., 247.) Unless the Govern- ment has ratified a contract of an officer in excess of his authority, or received the benefit of it, it is not liable. The ratification of some of a series of unau- thorized acts is not to be construed to be an approval of any not specified. (Pitcher v. U. S., 1 Ct. Cls., 7; De Celis v. U. S., 13 Ct Cls., 117.) Implied contracts. To constitute an implied contract " there must have been some consideration moving to the United States ; or they must have received the money, charged with a duty to pay it over ; or the claimant must have had a lawful right to it when it was received, as in the case of money paid by mistake." (Knote v. U. S., 95 U. S., 149, 156.) A contract to reimburse is implied when the Government takes private property for public use. Such a taking of private property by the Government when the emergency of the public service in time of war, or impending public danger, is too urgent to admit of delay, is every- where regarded as justified, if the necessity for the use of the property is imperative and immediate and the danger, as heretofore described, is impend- ing ; and it is equally clear that the taking of such property, under such circum- stances, creates an obligation on the part of the Government to reimburse the owner to the full value of the service. Private rights, under such extreme and imperious circumstances, must give way, for the time, to the public good, but the Government must make full restitution for the sacrifice. (U. S. v. Russell, 13 Wall., 623, 629.) Beneficial volunteer service does not raise an implied con- tract, unless there has been an inducement, agreement, or ratification. (Boston v. The District of Columbia, 19 Ct. Cls., 31.) The court has jurisdiction of a suit by a patentee for the royalty agreed to be paid for the use of his invention by an authorized officer of the Government. (Burns v. U. S., 12 Wall., 246.) A contract is implied from the fact that the Government manufactured a patented military device, without market value, on the solicitation of the pat- entee, that it should pay for the right to use the invention. (Palmer v. U. S., 128 U. S., 262.) The United States may be sued for use of a patented invention by its officers for its benefit if the right of the patentee is acknowledged. (Hoi- lister v. Benedict Manufacturing Co., 113 U. S., 59; U. S. v. Burns, 12 Wall., 246.) When an officer of the Government is properly assigned to the work of devising something to be used in the public service, the Government meeting the expenses and paying the officer his usual salary, the Government is not liable for royalty on the invention, though it was made by the officer previous to the time he was assigned to the work, if the labor and expense of perfecting it was borne by the Government. (Solomons v. U. S., 22 Ct. Cls., 335; 21 id., 479.) The policy of the War Department of late years toward inventors has been one of neutrality, neither denying nor admitting legal rights, but taking inventions to perfect the Government arms, leaving inventors free to seek redress without prejudice before other tribunals than an Executive Department. (Berdan v. U. S., 26 Ct. Cls., 48, 60. See also Clyde v. U. S., 13 Wall., 38 ; U. S. v. Russell, 13 Wall., 623 ; U. S. v. Bostwick, 94 U. S., 53 ; Fichera's case, 9 Ct. Cls., 254 ; Macauley's case, 11 Ct. Cls., 693; Clark's case, 11 Ct. Cls., 698; Roman et al. v. U. S., 11 Ct. Cls., 761; Campbell's case, 13 Ct. Cls., 470.) The right of set-off did not exist at common law, and is everywhere founded upon statutory regulation. (Tillou v. U. S., 1 Ct. Cls., 454; 2 id., 588, and U. S. v. Eckford, 6 Wall., 484.) State laws in such a case do not constitute the rule of decision, but the question arises, exclusively, under the act of Congress ; and no local law nor usage can have any influence in its determination. (Id.; Reeside v. Walker, 11 How., 272, 290.) Under this provision relief has been afforded to a paymaster who was attacked and robbed by highwaymen. (Broadhead v. U. S., 19 Ct. Cls., 125.) To a dis- bursing officer for loss by the failure of a national bank, which was a designated depository. (Hobbs v. U. S., 17 id., 189.) To a disbursing officer for money stolen from a safe. (Scott v. U. S., 18 id., 1; Clark v. U. S., 11 id., 698; Howell v. U. S., 7 id., 512.) To a quartermaster for money lost from his person, the money being carried in the way such officers usually carry it on similar occa- sions, under circumstances utterly free from suspicion and after diligent efforts 112 MILITARY LAWS OF THE UNITED STATES. unliquidated, or other demands whatsoever on the part of the Gov- ernment of the United States against any claimant against the Gov- ernment in said court. 1 Par. 00, sec. &4i id. 279. Set-off, counterclaim, etc. Upon the trial of any cause in which any set-off, counterclaim, claim for damages, or other demand is set up on the part of the Government against any person making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Govern- ment and claimant; and if upon the whole case it finds that the claimant is indebted to the Government it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judg- ment, filed in the cleric's office of any district court, shall be entered upon the records thereof, and shall thereby become and be a judg- had been made to recover the same. (Whittlesey v. IT. S., 5 id., 452.) To a quartermaster for money stolen from his room, due precaution for its safety having been taken. (Malone v. U. S., 5 id., 486; Norton v. U. S., 2 id., 523.) To a paymaster for money contained in a treasure box stolen by soldiers at a garrison. (Glenn v. U. S., 4 id., 501.) To an engineer officer for money captured by the enemy. (Prince v. U. S., 3 id., 209.) To a paymaster for funds and vouchers captured by the enemy. (Buggies v. U. S., 2 id., 520; Moore v. U. S., id., 522; Beckwith v. U. S., id., 526; Hubbell v. U. S., id., 527.) To an acting commissary of subsistence for money expended, the expenditures being covered by vouchers captured by the enemy. (Murphy v. U. S., 3 id., 212.) Relief has been denied to a paymaster for money embezzled by a clerk, the loss having been made good by the disbursing officer, under pressure, but with- out protest on his part. (Hall v. U. S., 9 Ct. Cls., 270.) In the case of a pay- master for funds stolen by an orderly detailed for messenger duty in his office. (Holman v. U. S., 11 id., 642.) To a collector of revenue, for the value of revenue stamps stolen from his office, during his absence therefrom, said col- lector not being a disbursing officer within the meaning of the statute. (Stapp v. U. S., 4 id., 219.) To an acting commissary of subsistence in Dakota, for money alleged to have been stolen, no testimony having been offered in the case but his own. (Pattee v. U. S., 3 id., 397.) In a case arising under this provision, the petitioner is a competent witness to prove the amount of money lost, if the loss itself be established by other testimony. (U. S. v. Clark, 96 U. S., 37; Hobbs v. U. S., 17 Ct. Cls., 189 ; Scott v. U. S., 18 id., 1 ; Broadhead v. U. S., 19 id., 125; Hoyle v. U. S., 21 id., 300.) An acting commissary of subsistence is entitled to relief under the provisions of this statute, and it is not necessary that the officer should have given a bond to entitle him to relief. (Wood v. U. S., 25 id., 98.) It was held by the Supreme Court in U. S. v. Smith (14 Ct. Cls., 114, and 105 U. S., 620) that the statute of limitation applied to cases aris- ing under this section. (See also U. S. v. Clark, 96 U. S., 37; U. S. v. Anderson, 9 Wall., 56; Pugh v. U. S., 13 Wall., 633; U. S. v. Kimball, 13 Wall., 636; U. S. v. Crussell, 14 Wall., 1; Slawson v. U. S., 16 Wall., 310.) *An act to codify, revise, and amend the laws relating to the judiciary was passed March 3, 1911, and took effect January 1, 1912. The title of the act is: The Judiciary, but it is generally referred to as The Judicial Code of the United States. Senate Document No. 1141, Sixty-second Congress, third ses- sion, recites the act in full and gives extensive modifications and remarks under each section. The act can best be briefly described by naming the headings of the 14 chapters. These are as follows: District Courts organization; Dis- trict Courts jurisdiction ; District Courts removal of causes ; District Courts miscellaneous provisions; District Courts districts, and provisions applicable to particular States; Circuit Courts of Appeals; The Court of Claims; The Court of Customs Appeals; The Commerce Court; The Supreme Court; Provi- sions common to more than one court; Juries; General provisions; Repealing provisions. MILITARY LAWS OF THE UNITED STATES. 113 men! of such court and be enforced as other judgments in such court are enforced. Sec. 11^6, id. 280. Decree in case of loss ~by a disbursing officer. Whenever the Court of Claims ascertains the facts of any loss by any paymaster, quartermaster, commissary of subsistence, or other disbursing officer, in the cases hereinbefore provided, to have been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper account- ing officers of the Treasury shall allow to such officer the amount so decreed as a credit in the settlement of his accounts. Sec. llfl, id. 281. Restriction on cases which may ~be -filed. No person shall file or prosecute in the Court of Claims, or in the Supreme Court on appeal therefrom, any claim for or in respect to which he or any assignee of his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or pro- fessing to act, mediately or immediately, under the authority of the United States. Sec. 154, id. 282. Time limit for fling claims. Every claim against the United States cognizable by the Court of Claims, shall be forever barred un- less the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrues : Provided, That the claims of married women, first accrued during marriage, of persons under the age of twenty- one years, first accrued during minority, and of idiots, lunatics, in- sane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. Sec. 156, id. 283. Form of petition. The claimant shall in all cases fully set forth in his petition the claim, the action thereon in Congress or by any of the departments, if such action has been had, what persons are owners thereof or interested therein, when and upon what con- sideration such persons became so interested ; that no assignment or transfer of said claim or of any part thereof or interest therein has been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets; that the claimant and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement 48985 15 8 114 MILITARY LAWS OF THE UNITED STATES. to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. The said petition shall be verified by the affidavit of the claimant, his agent or attorney. Sec. 159, id. 284. Court may call on department for information. The said court shall have power to call upon any of the departments for any information or papers it may deem necessary, and shall have the use of all recorded and printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. But the head of any department may refuse and omit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the public interest. Sec. 164, id. 285. Petition must show ground for relief. When it appears to the court in any case that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not authorize the taking of any testimony therein. Sec. 165, id. 286. Costs of taking evidence for claimant to ~be paid ~by him. When testimony is taken for the claimant, the fees of the commis- sioner before whom it is taken, and the cost of the commission and notice, shall be paid by such claimant; and when it is taken at the instance of the Government, such fees shall be paid out of the con- tingent fund provided for the Court of Claims, or other appropria- tion made by Congress for that purpose. Sec. 171, id. 287. Must ~be no intent to defraud the United States. No claim shall be allowed by the accounting officers under the provisions of the Act of Congress approved June sixteenth, eighteen hundred and seventy-four, or by the Court of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect of such claim, or presented any false evidence to Congress, or to any department or court, in support thereof. Sec. 173, id. 288. When court may grant a new trial. The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judg- ment, the same shall be payable and paid as now provided by law. Sec. 175, id. 289. Losing party to pay cost of printing, etc. There shall be taxed against the losing party in each and every cause pending in MILITARY LAWS OF THE UNITED STATES. 115 the Court of Claims the cost of printing the record in such case, which shall be collected, except when the judgment is against the United States, by the clerk of said court and paid into the Treasury of the United States. Sec. 176, id. 290. No interest allowed before judgment. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the Court of Claims, unless upon a -contract expressly stipulating for the payment of interest. Sec. 177, id. 291. Payment under judgment to ~be full discharge to United States. The pa}^ment of the amount due by any judgment of the Court of Claims, and of any interest thereon allowed by law, as pro- vided by law. shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the con- troversy. Sec. 178, id. 292. Final judgment to bar further demand. Any final judgment against the claimant on any claim prosecuted as provided in this chapter shall forever bar any further claim or demand against the United States arising out of the matters involved in the controversy. Sec. 179, id. 293. Attorney -General to appear for the United States. The Attorney-General^ or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of .Claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in said court. Sec. 185, id. 294. Procedure where debtor to United States alleges no settle- ment within three years. Whenever any person shall present his pe- tition to the Court of Claims alleging that he is or has been indebted to the United States as an officer or agent thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer or agent or contractor so in- debted, or that he or the person for whom he is such surety, guar- antor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness to the United States had arisen and exists, and that he or the person he represents has applied to the proper department of the Govern- ment requesting that the account of such office, agency, or indebted- ness may be adjusted and settled, and that three years have elapsed from the date of such application, and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said department and to the Attorney General 116 MILITARY LAWS OF THE UNITED STATES. of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attorney General shall represent the United States at the hearing of said cause. The court may postpone the same from time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found due by the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final judgment -of said court; and unless suit shall be brought within said time, such claim and the claim on the original indebtedness shall be forever barred. The provisions of section one hundred and sixty-six shall apply to cases under this section. Sec. 180, id. 295. Same Right of appeal. The plaintiff or the United States, in any suit brought under the provision of the section last preceding, shall have the same right of appeal as is conferred under sections two hundred and forty-two and two hundred and forty-three; and such right shall be exercised only within the time and in the manner therein prescribed. Sec. 181, id. (For Sees. 242 and 243, see pars. 296 and 297, post.) 296. Right of appeal. An appeal to the Supreme Court shall be allowed on behalf of the United States, from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the Amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of said court as provided in section one hundred and seventy-two. Sec. 24 > id. 297. Appeal to ~be taken within ninety days. All appeals from the Court of Claims shall be taken within ninety days after the judgment is rendered, and shall be allowed under such regulations as the Supreme Court may direct. Sec. 2^3, id. 298. Court may allow costs in certain cases. If the Government of the United States shall put in issue the right of the plaintiff to recover, the court may, in its discretion, allow costs to the prevailing party from the time of joining such issue. Such costs, however, shall include only what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the court. Sec. 152, id. 299. Patents. Whenever an invention described in and covered by a patent of the United States shall hereafter be used by the United States without license of the owner thereof or lawful right to use MILITARY LAWS OF THE UNITED STATES. 117 the same, such owner may recover reasonable compensation for such use by suit in the Court of Claims: Provided, however, That said Court of Claims shall not entertain a suit or reward [award] com- pensation under the provisions of this Act where the claim for com- pensation is based on the use by the United States of any article heretofore owned, leased, used by, or in the possession of the United States: Provided further, That in any such suit the United States may avail itself of any and all defenses, general or special, which might be pleaded by a defendant in an action for infringement, as set forth in Title Sixty of the Revised Statutes, or otherwise: And provided further, That the benefits of this Act shall not inure to any patentee, who, when he makes such claim is in the employment or service of the Government of the United States ; or the assignee of any such patentee ; nor shall this Act apply to any device discov- ered or invented by such employee during the time of his employ- ment or service. Act of June 25, 1910 (36 Stat. 851). 300. Jurisdiction over offenses committed on high seas. The trial of all offenses committed upon the high seas, or elsewhere out of the, jurisdiction of any particular State or district, shall be in the district where the offender is found, or into which he is first brought. Sec. 41, Act of Mar. 3, 1911, Judicial Code (36 Stat. 1100). 301. Seizures on the high seas. Proceedings on seizures made on the high seas, for forfeiture under any law of the United States, may be prosecuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided. Sec. 45, id. 302. Condemnation of property captured on high seas, etc. Pro- ceedings for the condemnation of any property captured, whether on the high seas or elsewhere out of the limits of any judicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed, in aiding, abetting, or promoting any in- surrection against the Government of the United States, or know- ingly so used or employed by the owner thereof, or with his consent, may be prosecuted in any district where the same may be seized, or into which it may be taken and proceedings first instituted. Sec. 46, id. 303. Vessels entering closed port or coming from State in insur- rection. Proceedings on seizures for forfeiture of any vessel or cargo entering any port of entry which has been closed by the President in pursuance of law, or of goods and chattels coming from a State or 118 MILITARY LAWS OF THE UNITED STATES. section declared by proclamation of the President to be in insurrec- tion into other parts of the United States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district into which the property so seized may be taken and proceedings in- stituted ; and the district court thereof shall have as full jurisdiction over such proceedings as if the seizure was made in that district. Sec. 47, id. CHAJPTER THE DEPAKTMENT OF THE NAVY THE MAKINE CORPS. Par. Miscellaneous provisions .t 304^306 Duties on shore 304 Marine Corps subject to articles of war when serving in the Army 305 Detail of naval officers 306 304. Duties on shore. The Marine Corps shall be liable to do duty in the forts and garrisons of the United States, on the seacoast, or any other duty on shore, as the President, at his discretion, may direct. 1 Sec. 1619, R. S. 305. Marine Corps subject to Articles of War when serving with Army. The Marine Corps shall, at all times, be subject to the laws and regulations established for the government of the Navy, except when detached for service -with the Army by order of the President ; and when so detached they shall be subject to the rules and articles of war prescribed for the government of the Arm}'. 1 Sec. 1621, R. S. 306. Detail of naval officers. The President may detail, tempo- rarily, three competent naval officers for the service of the War De- partment in the inspection of transport vessels, and for such other services as may be designated by the Secretary of War. Sec. 1437<> R. S. 1 See A. W. 122. 1 See A. W. 78 ; 28 Op. Att. Gen., 15 ; published in Circular 66, War Dept, 1909 ; G. O. No. 7 War Dept., 1909 ; G. O. No. 161, War Dept., 1909. 119 CKLAJPTER IX. THE EE VISED STATUTES 1 THE STATUTES AT LARGE THE ARMY REGULATIONS THE ARMY REGISTER. Par. Revised Statutes 307-318 Commissioners to revise and con- solidate the general statutes of the United States 307 First edition, 1874 308 Printed copies Evidence 310 Title of revision 311 Certificate to revised statutes ... 312 Scope of revised statutes 313 Repeal of acts embraced in re- vision 314 Accrued rights reserved 315 Prosecutions and punishments . . 315 Acts of limitation 315 Arrangement and classification . . 316 Acts passed since December 1, 1873, not affected 317 Second edition (1878) Evi- dence . . .318 307. Commissioners to revise and consolidate the General Statutes of the United States. The President of the United States is hereby J The Revised Statutes must be accepted as the law on the subjects which they embrace as it existed on the 1st day of December, 1873, and were enacted to present the entire body of the laws in a concise and compact form. When the language of the Revised Statutes is plain and unambiguous, the grammati- cal structure simple and accurate, and the meaning of the whole intelligible and obvious, a court is not at liberty, by construction, to reproduce the law as it stood before the revision. (U. S. v. Bowen, 100 U. S., 508. See also Wright v. U. S., 15 Ct. Cls., 80, 86; U. S. v. No. Am. Com. Co., 74 Fed. Rep., 145.) 121 Par. Supplement to the Revised Stat- utes 319-320 Supplement to the Revised Statutes 319 To be prima facie evidence 320 Statutes at Large 321-323 Pamphlet and bound copies Evidence 321 Publication and distribution, pamphlet edition 322 Preservation of Statutes at Large . 323 Army regulations President authorized to make and publish 324 Schedule of pay to appear 325 Lineal rank.. . 326 122 MILITAEY LAWS OF THE UNITED STATES. authorized, by and with the advice and consent of the Senate, to appoint three persons, learned in the law, as commissioners, to re- vise, simplify, arrange, and consolidate all statutes of the United States, general and permanent in their nature, which shall be in force at the time such commissioners may make the final report of their doings. Sec. 1, Act of June 27, 1866 (14 Stat. 74). 308. First edition, 1874. That the Secretary of State is hereby charged with the duty of causing to be prepared for printing, pub- lication, and distribution the Eevised Statutes of the United States enacted at this present session of Congress ; that he shall cause to be completed the headnotes of the several titles and chapters and the marginal notes referring to the statutes from which each section was compiled and repealed by said revision; and references to the decisions of the courts of the United States explaining or expound- ing the same, and such decisions of State courts as he may deem expedient, with a full and complete index to the same. 1 Sec. 8, Act of June %0, 1874 (18 Stat. 113) . 310. Printed copies Evidence. When the same shall be com- pleted, the said Secretary shall duly certify the same under the seal of the United States, and when printed and promulgated as herein- after provided, the printed volumes shall be legal evidence of the laws and treaties therein contained, in all the courts of the United States, and of the several States and Territories. 2 Id. 311. Title of revision of statutes. That the revision of the statutes of a general and permanent nature, with the index thereto, shall be printed in one volume, and shall be entitled and labeled "Revised 1 The Revised Statutes were prepared by commissioners appointed under acts of Congress approved June 27, 1866 (14 Stat. 74), and May 4, 1870 (16 Stat. 96), the latter act providing that the work and revision should be completed within three years from the date of its passage. The act of March 3, 1873 (17 Stat. 579), authorized the appointment of a joint committee of Congress to accept the draft of the revision of laws, so far as the same was completed at the expiration of the time designated for that purpose. (May 4, 1873.) The same statute authorized the existing joint committee to contract with some suit- able person or persons to prepare a revision of the statutes, already reported by the commissioners, in the form of a bill to be presented at the opening of the Forty-third Congress. The publication of the first edition of the Revised Statutes was authorized by the act of June 20, 1874. (18 Stat. 113.) 2 The first edition of the Revised Statutes is a transcript of the original act in the State Department, which became a law June 22, 1874, and is prima facie evidence of the law, but the original is the only conclusive evidence of the exact text of the law. (Wright v. U. S., 15 Ct. Cls., 80, 87.) The Revised Statutes must be accepted as the law on the subjects which they embrace as it existed on the 1st day of December, 1873, and were enacted to present the entire body of the laws in a concise and compact form. The incorporation of a particular statutory provision into the revision was a legislative declaration that the law on that subject was as therein provided ; and in the absence of any obscurity in the -meaning the court can not look to the preexisting statutes to see whether or not they were correctly incorporated. (U. S. v. Bowen, 100 U. S., 508; Bates Refrigerating Co. v. Sulzberger, 157 U. S., 1 ; Wright v. U. S., 15 Ct. Cls., 80, 86; U. S. v. North American Commercial Co., 74 Fed. Rep., 145.) As to the effect of amendments to the Revised Statutes, see U. S. v. Jessup (15 Fed. Rep., 790). MILITARY LAWS OF THE UNITED STATES. 123 Statutes of the United States ; " and the revision of the statutes re- lating to the District of Columbia; to post-roads, and the public treaties in force on the first day of December, one thousand eight hundred and seventy-three, with a suitable index to each, shall be published in a separate volume, and entitled and labeled "Revised Statutes relating to District of Columbia and Post-Roads. Public Treaties." Sec. 3, id. 3L2. Certificate to Revised Statutes. That the certificate to the printed volume of the Revised Statutes of the United States required by section two of "An act providing for publication of the revised statutes and laws of the United States," approved June twentieth, eighteen hundred and seventy-four, shall be made by the Secretary of State under the seal of the Department of State, and so much of said section as provides that such certificate shall be under the seal of the United States, is hereby repealed. Act of De-c. 28, 1874 (18 Stat. 293}. 313. Scope of Revised Statutes. The foregoing seventy-three titles embrace the statutes of the United States general and per- manent in their nature, in force on the first day of December, one thousand eight hundred and seventy-three, as revised and consoli- dated by commissioners appointed under an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United States. Sec. 5595, R. S. 314. Repeal of acts embraced in revision. All acts of Congress passed prior to said first day of December, one thousand eight hun- dred and seventy-three, any portion of which is embraced in any section of said revision, are hereby repealed, and the section appli- cable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision having been repealed or superseded by subsequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appro- priation, or any provision of a private, local, or temporary char- acter, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-named day, no part of which are embraced in said revision, shall not be affected or changed by its enactment. 1 Sec. 5596, R. S. 315. Accrued rights reserved. The repeal of the several acts em- braced in said revision shall not affect any act done, or any right 1 Sections 5597, 5598, and 5599, Revised Statutes, provide that the repeal shall not affect rights acquired, suits commenced, offenses committed, or acts of limitation, but that " all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to said repeal may be commenced and prosecuted within the same time as if said repeal had not been made." 124 MILITARY LAWS OF THE UNITED STATES. accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made; nor shall said repeal in any manner affect the right to any office, or change the term or tenure thereof. Sec. 5597, R. S. 316. Arrangement and classification. The arrangement and classi- fication of the several sections of the revision have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construc- tion is to be drawn by reason of the title under which any particular section is placed. Sec. 5600, R. S. 317. Acts passed since December 1, 1873, not affected. The enact- ment of the said revision is not to affect or repeal any act of Congress passed since the 1st day of December, one thousand eight hundred and seventy-three, and all acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such acts vary from or conflict with any provision contained in said revision, they are to have effect as subsequent statutes, and as repeal- ing any portion of the revision inconsistent therewith. Sec. 5601, R.S. 318. Second edition (1878) Evidence. That said new edition shall be completed in manuscript by said commissioner by the first day of January, anno Domini eighteen hundred and seventy-eight, and by him presented to the Secretary of State for his examination and approval, who is hereby required to examine and compare the same, as amended, with all the amendatory acts, and, within two months after having been submitted to him, and when the same shall be completed, the said Secretary shall duly certify the same under the seal of the Secretary of State, and when printed and promulgated as herein provided the printed volume shall be legal evidence of the laws therein contained, in all the courts of the United States, and of the several States and Territories, but shall not preclude refer- ence to nor control, in any case of discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three, and said Secretary shall cause fifteen thousand copies of the same to be printed and bound at the Government Printing Office, under the supervision of said com- missioner, at the expense of the United States, and without unneces- sary delay. 1 Sec. 4, Act of Mar. 2, 1877 (19 Stat. 269), as amended ~by Act of Mar. 9, 1878 (W Stat. 27). 1 The second edition of the Revised Statutes was prepared by the Hon. George S. Boutwell, who was appointed commissioner under authority of the act of March 2, 1877 (19 Stat 268). It is only a new publication; a compilation, con- taining the original law, with specific amendments incorporated therein accord- ing to the judgment of the editor. (Wright v. U. S., 15 Ct. Cls., 80.) It did not affect statutes passed between December 1, 1873, and June 22, 1874. MILITARY LAWS OF THE UNITED STATES. 125 THE SUPPLEMENTS TO THE REVISED STATUTES. 319. Supplement of 1891. That the publication of the Supplement to the Revised Statutes, embracing the statutes general and perma- nent in their nature, passed after the Revised Statutes, with refer- ences connecting provisions on the same subject, explanatory notes, and citations of judicial decisions, be continued and issued in one volume, to include the general laws of the Forty-seventh, Forty- eighth, Forty-ninth, Fiftieth, and Fifty-first Congresses, with a table of alterations and a general index to the whole, to be prepared and edited by the editor of the existing Supplement, authorized by the joint resolution of June twenty-eighth, eighteen hundred and eighty, numbered forty- four (Supplement to Revised Statutes, page five hundred and eighty-two) , to be stereotyped at the Government Print- ing Office, using the present plates, as far as practicable, with such alterations as may be found necessary, the work and plates and all right and title therein and thereto to be in and fully belong to the Government for its exclusive use and benefit. Sec. 1, Act- of Apr. 9, 1890 (26 Stat. 50). 320. Same Prima facie evidence. That the publication herein authorized shall be taken to be prima facie evidence of the laws therein contained, but shall not change nor alter any existing law, nor preclude reference to nor control, in case of any discrepancy, the effect of any original act passed by Congress. 1 Sec. 3, id. THE STATUTES AT LARGE. 321. Pamphlet and bound copies, evidence. The pamphlet copies of the statutes and the bound copies of the acts of each Congress shall be legal evidence of the laws and treaties therein contained in all the courts of the United States and of the several States therein. The said pamphlet and the Statutes at Large shall contain all laws, joint and concurrent resolutions passed by Congress, and also all conven- tions, treaties, proclamations, and agreements. Sec. 73, Act of Jan. 12,1895 (28 Stat. 615). 1 The volume published in conformity to the authority conferred by this statute was published in 1891, and is entitled " Vol. 1, Supplement to the Re- vised Statutes of the United States. Second edition. 1874-1891 ; " and super- sedes the volume published under authority of Joint Resolution No. 44 of June 7, 1880 (21 Stat. 308). Under authority of act of February 27, 1893 (27 Stat. 477), the publication of the supplement was continued part of a second volume being issued in 1895, containing general legislation of the Fifty-second and Fifty- third Congresses, between January 22, 1892, and March 2, 1895. Later numbers were issued at the end of each session as required by act of June 4, 1897 (30 Stat. 30), to include the general legislation of the Fifty-sixth Congress. Volume 2, therefore, comprises the general legislation of the Fifty-second to the Fifty- sixth Congresses, January 22, 1892, to March 3, 1901. Since then the publica- tion has been discontinued, it is understood, because of the steps taken toward the preparation of a new revision of the statutes of the United States authorized by act of March 3, 1901 (31 Stat. 1181). 126 MILITARY LAWS OF THE UNITED STATES. 322. Publication and distribution, pamphlet edition. At the end of each session of Congress a pamphlet edition of the permanent and general legislation of the session, with notes, references, and an index, substantially on the plan of the existing Supplement, shall be stereotyped and printed at the Government Printing Office; the plates and all rights thereto to be the property of the United States. That the number of copies * of said pamphlet and the distribution and sale thereof shall be the same as provided for the printing, distribu- tion, and sale of said Supplement by the act of April ninth, eighteen hundred and ninety. Sees. 3 and Act of Feb. 27, 1893 (27 Stat, 478). 323. Preservation of statutes at large. The various officers of the United States to whom, in virtue of their offices and for the uses thereof, copies of the United States Statutes at Large, published by Little, Brown and Company, have been or may be distributed at the public expense, by authority of law, shall preserve such copies, and deliver them to their successors respectively as a part of the property appertaining to the office. A printed copy of this section shall be inserted in each volume of the Statutes distributed to any such officers. 2 Sec. 1777, R. S. ARMY REGULATIONS. 324. Army regulations President authorized to make and pub- lish. That so much of the act approved July 15, 18TO, entitled "An *By act of Jan. 12, 1895 (28 Stat, 614), 200 copies were required to be furnished to the War Department. 2 Table showing the period covered by each of the thirty-seven volumes of the Statutes at Large. Stat. Period. Stat. Period. From To From To Vol 1 Mar. 4. 1789 Dec. 2, 1799 May 29.1813 Dec. 1,1823 Dec. 7, 1835 Mar. 4, 1789 Mar. 3. 1799 Mar. 3, 1813 Mar. 3, 1823 Mar. 3, 1835 Mar. 3, 1845 Mar. 3,1845 Vol. 20 Oct. 16,1877 Mar. 18,1879 Dec. 5, 1881 Dec. 3, 1883 Dec. 7, 1885 Dec. 5, 1887 Dec. 2, 1889 Dec. 7, 1891 Aug. 7, 1893 Dec. 2, 1895 Mar. 15,1897 Dec. 4, 1899 Dec. 2, 1901 Dec. 7, 1903 Dec. 4, 1905 De-. 2, 1907 Ma\ 15,1909 Apr. 4,1911 Mar. 4, 1879 Mar. 4,1881 Mar. 3, 1883 Mar. 3, 1885 Mar. 3.1887 Mar. 2, 1889 Mar. 3,1891 Mar. 3, 1893 Mar. 3,1895 Mar. 3. 1897 Mar. 3, 1899 Mar. 3, 1901 Mar. 3, 1903 Mar. 3, 1905 Mar. 4, 1907 Mar. 4, 1903 Mar. 4,1911 Mar. 4, 1913 2 21 3 22 4 23... 5 24 . 6e appointed to -former positions. That hereafter when- ever the President shall deem it inadvisable to reappoint, at the end of a four-year term, any officer who, under the provisions of section twenty-six of the Act approved February second, nineteen hundred and one, or Acts amendatory thereof, has been appointed for such a term, in any staff corps or staff department, to an office with rank above that of colonel, but whose commission in the lower grade held by him in said staff corps or staff department at the time of his appointment under said Act to an office of higher grade has been vacated, the President may, by and with the advice and consent of the Senate, appoint said officer to be an officer of the grade that he would have held, and to occupy the relative position that he would have occupied, in said staff corps or staff department if he had not been appointed to said office with rank above that of colonel; and if under the operation of this proviso the number of officers of any par- ticular grade in any staff corps or staff department shall at any time exceed the number authorized by law other than this Act, no vacancy occurring in said grade shall be filled until after the total number of officers therein shall have been reduced below the number so author- ized. Act of Apr. 87, 1914 (38 Stat. 356). 383. Vacancies due to details. Each position vacated by officers of the line transferred to any department of the staff for tours of service winder this act shall be filled by promotion in the line until the total number detailed equals the number authorized for duty in such de- partment. Thereafter vacancies caused by details from the line to the staff shall be filled by officers returning from tours of staff duty. If under the operation of this act the number of officers returned to any particular arm of the service at any time exceeds the number authorized by law in any grade, promotions to that grade shall cease until the number has been reduced to that authorized. Sec. 27, Act of Feb. 2, 1901 (31 Stat. 755). 384. Present for duty with troops. That hereafter in time of peace whenever any officer holding a permanent commission in the line of the Army with rank below that of major shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company, of that branch of the Army in which he shall hold said commission, such officer shall not be de- 1 Held that this section does not apply to the position of Chief of the Bureau of Insular Affairs. (Bulletin No. 4 (Dig. Op. J. A. G.), Feb. 1, 1913.) MILITARY LAWS OF THE UNITED STATES. 157 tached nor permitted to remain detached from such troop, battery, or company, for duty of any kind; and all pay and allowances shall be forfeited by any superior for any period during which, by his order, or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or permitted to remain detached in vio- lation of any of the terms of this proviso ; but nothing in this proviso shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after, having been relieved from detached service, to join the troop, battery, or company, to which ho shall belong in that branch in which he shall hold a permanent com- mission, nor shall anything in this proviso be held to apply to the detachment or detail of officers for duty in the Judge Advocate Gen- oral's Department or in the Ordnance Department, or in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in the Philippine Constabulary until the first day of January, nineteen hundred and fourteen, or to any officer detailed, or who may be hereafter detailed, for aviation duty. And hereafter no officer holding a permanent commission in the Army with rank below that of major shall be detailed as assistant to the Chief of the Bureau of Insular Affairs with rank of colonel, or as commanding officer of the Porto Eico Eegiment of Infantry, or as chief or assistant chief (Director or Assistant Director) of the Phil- ippine Constabulary, and no other officers of the Army shall here- after be detailed for duty with the said Constabulary except as specifically provided by law. 1 Act of Aug. #4, 1912 (37 Stat. 571). 385. Service as staff officer. That hereafter, in determining the eligibility, under the provisions of the Act of Congress approved August twenty-fourth, nineteen hundred and twelve, of troop, bat- tery, or company officers for detail as officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually performed by any such officer with troops prior to December fifteenth, nineteen hundred and twelve, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a bat- tery, company, or troop. Act of Mar. 0, 1913 (37 Stat. 706). 386. Promotions after fourteen years' 1 service. When any lieu- tenant of the Corps of Engineers or Ordnance Corps or Signal Corps has served fourteen years' continuous service as lieutenant, he shall be promoted to the rank of captain, on passing the examination pro- vided by the preceding section, but such promotion shall not author- ize an appointment to fill any vacancy, when such appointment would increase the whole number of officers in the corps beyond the number fixed by law ; nor shall any officer be promoted before officers of the same grade who rank him in his corps. Sec. 1207 ', R. $., as amended ly sec. 7, Act of Oct. 1, 1890 (26 Stat. 654). 1 Also included in par. 937, and see par. 938 J, post. 158 MILITARY LAWS OF THE UNITED STATES. 387. Disbursing officers^ bonds. All officers of the Quarter- master's, Subsistence, and Pay Departments, the chief medical pur- veyor and assistant medical purveyors, and all store-keepers shall, before entering upon the duties of their respective offices, give good and sufficient bonds to the United States, in such sums as the Sec- retary of War may direct, faithfully to account for all public moneys and property which they may receive. The President may, tit any time, increase the sums so prescribed. But the Quartermaster- General shall not be liable for any money or property that may come into the hands of the subordinate officers of his department. 1 Sec. 1191, R. S. 388. Increase of bonds. The President is authorized, if in his opinion the interest of the United States requires the same, to regu- late and increase the sums for which bonds are, or may be, required by law, of all district attorneys, collectors of customs, naval officers, 1 Officers of the Army and Navy are excepted from the provisions of section 3614, Revised Statutes, which require all special agents employed by the heads of the several Executive Departments in the disbursement of the public moneys to give bonds in such form and with such security as such heads of depart- ments may approve. This section does not apply to all commissioned officers of the Army who may be required to act as disbursing officers, but to such only as are regularly appointed disbursing officers and who are required, as such, to give bonds. (Ex parte Randolph, 2 Brockenb rough, 447. See also U. S. v. Kirkpatrick, 9 Wh., 720; U. S. v. Vanzandt, 11 Wh., 184; Dox v. Postmaster- General, 1 Pet, 325; U. S. v. Linn, 15 Pet., 290.) A bond to the United States, conditioned that a property and disbursing officer of the War Department shall faithfully discharge his duties and faith- fully account for public money and property committed to his charge, takes effect on the day when it is accepted by the Government, and is to be regarded as of that date. (Moses v. U. S., 166 U. S., 571.) A surety on the bond of one in official relation with the Government is himself in contract relation with it, and, as he is liable to be sued by it, he has the right to sue it whenever a balance is due from it to which, on the principle of subrogation, he will ulti- mately be entitled. (Shwarz v. U. S., 35 Ct. Cls., 303; Behan v. U. S., 18 id., 687, 110 U. S., 338 ; Hitchcock v. U. S., 27 Ct. Cls., 185, 164 U. S., 227 ; Pope v. U. S., 14 id., 446.) No jurisdiction is conferred upon the Comptroller of the Treasury to render a decision, at the request of the head of a department, upon the question whether the filing of a new bond relieves the sureties on a prior bond of the same official from liability after the date of the new bond, such a question not involving a payment to be made under the head of the department. (Section 8, act of July 31, 1894 (28 Stat, 20).) The giving of bond is not necessary to entitle persons appointed to office in the Army requiring the disbursement of money, to begin to receive pay; they are entitled, like other officers, to be paid upon the acceptance of their appoint- ments, according to par. 1448, Army Regulations, whether they have at that time furnished their bonds or not. (XVI Op. Att. Gen., 38.) The expense incurred by an officer in furnishing the bond required by law of all disbursing officers of the Government, is not a proper charge against the Government, even though the officer serves without compensation. (II Comp. Dec., 262; U. S. v. Van Duzee, 140 U. S., 171.) Section 1191, Revised Statutes, requires bonds only of certain disbursing officers specifically named. In the absence of any express provision of law, pre- scribing that bonds shall be furnished by other disbursing officers, the Presi- dent, in his discretion, and for the better security of the public funds, may, through the head of the proper department, require such bonds to be furnished. (Dig. Opin. J. A. G., par. 544.) Bonds may be required by the Government from officers appointed to places of trust, though there is no statutory authority to take such bonds, and they will be valid as common-law obligations. In a bond with sureties, given by MILITARY LAWS OF THE UNITED STATES. 159 and surveyors of customs, navy agents, receivers and registers of public lands, paymasters in the Army, Commissary-General, and by all other officers employed in the disbursement of the public moneys, under the direction of the War or Navy Departments. 1 Sec. 3639, R.S. 389. Security companies as sureties. Whenever any recognizance, stipulation, bond, or undertaking conditioned for the faithful per- formance of any duty, or for doing or refraining from doing any- thing in such recognizance, stipulation, bond, or undertaking speci- fied, is by the laws of the United States required or permitted to be given with one surety or with two or more sureties, the execution of the same or the guaranteeing of the performance of the condition thereof shall be sufficient when executed or guaranteed solely by a corporation incorporated under the laws of the United States or of any State having power to guarantee the fidelity of persons holding an officer of the Government, it is sufficient to make the bond valid as a com- mon-law obligation that it is voluntarily given and that the office and the duties assigned to the officer and covered by the bond are duly authorized by law. (U. S. v. Tingey, 5 Pet, 115; U. S. v. Bradley, 10 id., 343, 360; U. S. v. Rogers, 28 Fed. Rep., 607; VI Opins. At. Gen., 24.) A bond can not be extended beyond the period of the original obligation so as to continue to bind the sureties, without their consent. Nor can an expired bond be revived so as to bind the sureties without their consent. The Secre- tary of War (or President) has no power to release the sureties in an official bond from their liability to the United States. (VII Opins. At. Gen., 62.) A neglect by the Government to institute suit on a bond does not discharge the sureties; laches not being in such cases imputable to the United States. (U. S. v. Kirkpa trick, 9 Wheat, 720; id., par. 549.) One of two (or several) sureties can not withdraw independently from his obligation; and if allowed to do so by the obligee, the other surety (or sureties) will be released as to him. But the Secretary of War is not empowered to release the sureties on a disbursing officer's bond. (Id., par. 554.) The law of the place at which a contract is made governs as to its interpreta- tion, except where the contract is to be performed elsewhere, in which case the law that governs in this respect is the law of the place of performance. An official bond, made to the United States, wherever actually signed, is as has been held by the Supreme Court a contract made and to be performed at Washington: and by the laws of the District of Columbia the contract of a married woman as surety is not binding. Moreover, it is not the practice of the War Depart- ment to accept a feme covert as a surety, and before a female surety will be accepted she is required to make oath that she is single in addition to justify- ing as required of other sureties. (Id., par. 550.) If after the execution of a bond a material change be made in the name or description of the principal, by erasure, interlineation, or otherwise, without the assent of the sureties or a surety, even though such change be made to correct a mistake, the surety or sureties not consenting will be released. In a case of such an alteration, recommended that a new bond be required. (Id., par. 555. See, also, id., paragraphs 554-560.) While department regulations duly promulgated have the force of law, in a limited sense, they can not enlarge or restrict the liability of an officer on his bond. (Meads v. U. S., 81 Fed. Rep., 684.) (See, also, in connection with this subject the chapters entitled Treasury De- partment, Department of Justice, Quartermaster Corps, Medical Corps, and contracts and purchases.) *The Government has the power, through the head of a department, to take a bond from a disbursing officer, though there is no law or general regulation requiring it; and a bond is none the less a voluntary bond because demanded by the superior officer, if not illegally extorted. (Moses v. U. S., 166 U. S., 571.) 160 MILITARY LAWS OF THE UNITED STATES. positions of public or private trust, and to execute and guarantee bonds and undertakings in judicial proceedings: Provided, That such recognizance, stipulation, bond, or undertaking be approved by the head of department, court, judge, officer, board, or body ex- ecutive, legislative, or judicial required to approve or accept the same. But no officer or person having the approval of any bond shall exact that it shall be furnished by a guarantee company or by any particular guarantee company. 1 Act of Aug. 13, 1894 (%8 Stat. 279). 390. Same Agents to ~be appointed. No such company shall do business under the provisions of this act beyond the limits of the State or Territory under whose laws it was incorporated and in which its principal office is located nor beyond the limits of the Dis- trict of Columbia, when such company was incorporated under its laws or the laws of the United States and its principal office is located in said District, until it shall, by a written power of attorney, appoint some person residing within the jurisdiction of the court for 1 Execution, sealing, etc. The bond should of course be executed by all the parties obligor and sureties. It has been held by the United States Supreme Court that an official bond, though without seals, may be good as a contract at common law. To avoid, however, any questions that might arise from the absence of a seal, advised (February, 1868) that formal seals "of wax or other adhesive substance," be in all cases required to be affixed by the subscribing parties. (Dig. Opin., J. A. G., par. 534, edition of 1901.) A bond given by a disbursing officer of the Army (or any bond required by the War Department) wherein the Secretary of War is made the obligee, is in incorrect form. The obligee should be The United States of America. (Id., par. 542.) A bond should of course be dated, but the omission of the date will not affect the validity of the instrument, as the true date of execution can be proved aliunde, in the event of a suit on the bond. (Id., par. 543.) The seal of, both obligor and sureties must be a formal one, of wafer, wax, or other adhesive substance. A mere scroll made with the pen is not accepted as a substitute for a seal in the W T ar Department. A corporation obligor should affix its corporate seal if it has one. But the fact that a corporation has not adopted a corporate seal will not affect the validity of its execution of a bond in which it is principal or surety, provided some form of seal be added to its signature. A corporation may make and use any seal, in its discretion, in the same manner as a private individual. (Id., par. 544.) Justification of sureties. Of two or more sureties to an official bond, each, according to the regulation, should justify separately ; a justification in joint form is irregular and improper. An affidavit of justification should properly be expressed in the first person; not in the third. (Id., par. 540.) The affidavit of justification of a surety should be dated, so that it may ap- pear when he was worth the amount specified. The names of the sureties in the justification should be identical with those inserted in the body of the bond. Their names should not be omitted to be recited in the bond with the name of the principal. ( Id., par. 551. ) The affidavit of justification should be taken before some officer, like a notary public, having authority to administer oaths for general purposes and whose official character is authenticated by his seal. Under section 19 of act of Con- gress of May 28, 1896 (29 Stat, 184), United States commissioners and all clerks of United States courts are authorized to administer oaths generally. (3 Comp. Dec., 65.) But as the justification is no part of the bond, and the administration of the oath by an official not competent to administer it does not affect the validity of the bond, the irregularity of the justification, where there is nothing to show that the oath was not taken in good faith by the MILITARY LAWS OF THE UNITED STATES. 161 the judicial district wherein such suretyship is to be undertaken, who shall be a citizen of the State, Territory, or Disl ict of Colum- bia, wherein such court is held, as its agent, upon whom may be served all lawful process against such company, and who shall be authorized to enter an appearance in its behalf. A copy of such power of attorney, duly certified and authenticated, shall be filed with the clerk of the district court of the United States for such district at each place where a term of such court is or may be held, which copy, or a certified copy thereof, shall be legal evidence in alj controversies arising under this act. If any suclx agent shall be removed, resign, or die, become insane, or otherwise incapable of act- ing, it shall be the duty of such company to appoint another agent in his place, as hereinbefore prescribed, and until such appointment shall have been made, or during the absence of any agent of such company from such district, service of process may be upon the clerk of the court wherein such suit is brought, with like effect as upon an agent appointed by the company. The officer executing such process surety, may be waived by the Secretary of War, and in practice it is now (May, 1893) waived, and the bond accepted if otherwise valid. And in case where the seal of the notary was omitted, recommended that the instrument be re- turned to have the seal impressed upon the certificate, for the purpose of such authentication, which would be wanting without it. (Id., par. 553.) Sureties. The obligation of each surety must be for the whole amount of the penalty; the regulation requiring that the sureties "shall be jointly and severally bound for the whole amount of the bond." So, where the penalty in a quartermaster's joint and several official bond was $10,000, and the sureties, in executing the same, assumed to be bound only in the sum of $5,000 each, the words " for five thousand dollars " being written under each signature held that the instrument was contradictory, did not conform to the regula- tions, and should not be accepted. And similarly held in a case of a bond with a penalty of $40,000, where the sureties wrote opposite their signatures, respec- tively, "for $35,000," "for $5,000." Sureties can not qualify their obligation by thus limiting their personal liabilities. (Id., par. 535.) There is no statute or regulation prohibiting an officer of the Army from acting as a surety on the official bond of another officer. Such a relation, how- ever, is not one to be favored. (Id., par. 536.) Paragraph 572 of the Regulations contemplates plural sureties with bonds of disbursing officers. A justification of a surety, however, is no part of the bond, and as the object of the justification is to satisfy the Secretary of War that the surety is good for double the penalty, the Secretary, where amply satisfied that one certain person offered or executing as surety is pecuniarily sufficient for such amount, would be authorized to accept him (on his properly justifying) as sole surety, and to waive any further surety or sureties with the instrument. A subordinate of course can have no such authority. In view, however, of the terms of the regulation and of the practice under it, this authority would of course most rarely be exercised in cases of disbursing officers' bonds. (Id., par. 537.) A captain of the commissary department having given bond in a penalty of $12,000, one of his sureties deceased. Paragraph 563, Army Regulations, 1895, prescribes that " the sureties to bonds given by disbursing officers shall be bound jointly and severally." The officer offered a new bond with one surety in a penalty of $6,000. Held that such security would not be legally sufficient, but that a new joint and several bond in the penalty of $12,000 would be re- quired. (Id., par. 552.) For opinions respecting security companies as sureties see Dig. Opin., J. A. G., pars. 596-602, edition of 1901. 48985 15 11 162 MILITARY LAWS OF THE UNITED STATES. upon such clerk shall immediately transmit a copy thereof by mail to the company, and state such fact in his return. A judgment, decree, or order of a court entered or made after service of process as aforesaid shall be as valid and binding on such company as if served with process in said district. Sec. 2, id. 391. Same Companies to deposit copy of charter, etc. Every company, before transacting any business under this Act, shall deposit with the Secretary of the Treasury of the United States a copy of its charter or articles of incorporation, and a statement, signed and sworn to by its president and secretary, showing its assets and liabilities. If the said Secretary of the Treasury shall be satis- fied that such company has authority under its charter to do the business provided for in this Act, and that it has a paid-up capital of not less than two hundred and fifty thousand dollars, in cash or its equivalent, and is able to keep and perform its contracts, he shall grant authority in writing to such company to do business under this Act. Act of Mar. 23, 1910 (36 Stat. 241). 392. Same Companies to file quarterly statement. Every such company shall, in the months of January, April, July, and October of each year, file with the said Secretary of the Treasury a statement, signed and sworn to by its president and secretary showing its assets and liabilities, as is required by section three of this Act. And the said Secretary of the Treasury shall have the power, and it shall be his duty, to revoke the authority of any such company to transact any new business under this Act whenever in his judgment such company is not solvent or is conducting its business in violation of this Act. He may institute inquiry at any time into the solvency of said company and may require that additional security be given at any time by any principal when he deems such company no longer sufficient security. Id. 393. Same United States shall not pay premium of bond for officer or employee. Until otherwise provided by law no bond shall be accepted from any surety or bonding company for any officer or employee of the United States which shall cost more than thirty-five per centum in excess of the rate of premium charged for a like bond during the calendar year nineteen hundred and eight: Provided, That hereafter the United States shall not pay any part of the premium or other cost of furnishing a bond required by law or other- wise of any officer or employee of the United States. Act of Aug. 5,1909 (36 Stat. 125). [See Circular 85, War Department, 1909.] 394. Bonds to ~be examined at certain times. Hereafter every officer required by law to take and approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every MILITARY LAWS OF THE UNITED STATES. 163 officer having power to fix the amount of an official bond shall ex- amine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary. 1 Sec. 5, Act of Mar. 2, 1895 (28 Stat. 807). 395. Bonds to be reviewed. Hereafter every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action necessary. In the discretion of such officer the requirement of a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service pending the appoint- ment and qualification of his successor. 2 Id, 808. 396. Liability of sureties. The nonperformance of any require- ment of this section on the part of any official of the Government shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States : Pro- vided further, That the liability of the principal and sureties on all official bonds shall continue and cover the period of service ensuing until the appointment and qualification of the successor of the principal : And provided further, That nothing in this section shall be construed to repeal or modify section thirty-eight hundred and thirty-six of the Revised Statutes of the United States. Id. 397. Where deficiency is discovered. Hereafter, whenever any deficiency shall be discovered in the accounts of any official of the United States, or of any officer disbursing or chargeable with public money, it shall be the duty of the accounting officers making such discovery to at once notify the head of the Department having con- trol over the affairs of said officer of the nature and amount of said deficiency, and it shall be the immediate duty of said head of De- partment to at once notify all obligors upon the bond or bonds of such official of the nature of such deficiency and the amount thereof. Said notification shall be deemed sufficient if mailed at the post-office in the city of Washington, District of Columbia, addressed to said sureties respectively, and directed to the respective post-offices where said obligors may reside, if known; but a failure to give or mail such notice shall not discharge the surety or sureties upo such bond. 3 Act of Aug. 8, 1888 (25 Stat. 387). 1 United States district attorneys are not required or authorized to make the examination into the sufficiency of the sureties on official bonds required by sec- tion 5 of the act of March 2, 1895 (28 Stat. 807). 2 The expenses incurred by an officer in furnishing the bond required by law of all disbursing officers of the Government is not a proper charge against the Government, even though the officer serves without compensation. (II Comp. Dec., 202, see par. 396.) 3 For instructions respecting the recovery of balances due the United States on final settlements of bonded officers, see Vol. V, Comptrollers' Decisions, pp. 164 MILITARY LAWS OF THE UNITED STATES. 398. When sureties are released. If, upon the statement of the account of any official of the United States, or of any officer disburs- ing or chargeable with public money, by the accounting officers of the Treasury, it shall thereby appear that he is indebted to the United States, and suit therefor shall not be instituted within five years after such statement of said account, the sureties on his bond shall not be liable for such indebtedness. 1 Sec. 2, id. 399. Duties of disbursing officers as to public money. It shall be the duty of every disbursing officer having any public money in- trusted to him for disbursement to deposit the same with the Treas- urer or some one of the assistant treasurers of the United States, and to draw for the same only as it may be required for payments to be made by him in pursuance of law [and draw for the same only in favor of the persons to whom payment is made] ; and all transfers from the Treasurer of the United States to a disbursing officer shall be by draft or warrant on the Treasury or an assistant treasurer of the United States. Sec. 3620, R. S. (See, however, par. 184, ante; see also sec. 87, Criminal Code (par. 419, post, and par. 592, post). For provision of law requiring every disbursing officer annually on the 30th of June to make report to the Secretary of the Treasury of all checks issued by him which may have been outstanding for three years and more, see par. 183, ante.) 400. Disbursing officers, etc., to deposit funds. Every person who shall have moneys of the United States in his hands or possession, and disbursing officers having moneys in their possession not required for current expenditure, shall pay the same to the Treasurer, an assistant treasurer, or some public depositary of the United States, without delay, and in all cases within thirty days of their receipt. And the Treasurer, the assistant treasurer, or the public depositary shall issue duplicate receipts for the moneys so paid, transmitting forthwith the original to the Secretary of the Treasury, and deliver- ing the duplicate to the depositor: Provided, That postal revenue and debts due to the Post-Office Department shall be paid into the Treasury in the manner now required by law. 2 Sec. 3621, R. S. 988-990; for methods of keeping and rendering accounts by disbursing officers not under bond, see id., pp. 990-991. The regulations of the Treasury Department are imperative, and expressly prohibit the transfer of funds of any character for which an officer is account- able from one bond to another, and when this regulation is violated it becomes necessary for the officer to deposit the sum transferred as a credit to his first bond, or else procure the admission of the sureties on the second bond that the officer actually had the sum in hand when it was executed, and that they are liable on said bond for the same. (3 Dig. Conip. Dec., 13. See also U. S. v. McLane. 74 Fed. Rep., 153 ; U. S. v. Wade, 75 id., 261. ) 1 For statutory provisions respecting distress warrants, see the chapter en- titled The Treasury Department. 2 In accordance with the provisions of the above sections any public money advanced to disbursing officers of the United States must be deposited immedi- ately to their respective credits, with either the United States Treasurer, some MILITARY LAWS OF THE UNITED STATES. 165 401. Exchanges of funds restricted. No exchange of funds shall be made by any disbursing officer or agent of the Government, of any assistant treasurer, or by special direction of the Secretary of the Treasury with a national bank depositary nearest or most convenient, except (1) Any disbursing officer of the War Department specially authorized by the Secretary of War, when stationed on the extreme frontier or at places far re- mote from such depositaries, may keep, at his own risk, such moneys as may be intrusted to him for disbursement. (2) Any officer receiving money remitted to him upon specific estimates may disburse it accordingly, without waiting to place it in a depositary, provided the payments are due and he prefers this method to that of drawing checks. (Treas. Circ. of 1897. G. O. 53, A. G. O., 1897.) Every disbursing officer, when opening his first account, before issuing any checks, will furnish the depositary on whom checks are drawn with his official signature duly verified by some officer whose signature is known to the de- positary. (Id.) Any check drawn by a disbursing officer upon moneys thus deposited must be in favor of the party, by name, to whdtn the payment is to be made, and pay- able to " order," or " bearer," with these exceptions: (1) To make payments of individual pensions, checks for which must be made payable to " order," (2) to make payments of amounts not exceeding twenty dol- lars, (3) to make payments at a distance from a depositary, and (4) to make payments of fixed salaries due at a certain period; in either of which cases except the first, any disbursing officer may draw his check in favor of himself, or " order," or " bearer," for such amount as may be necessary for such pay- ment, but in the last-named case the check must be drawn not more than two days before the salaries become due. Any disbursing officer or agent drawing checks on moneys deposited to his official credit, must state on the face or back of each check the object or pur- pose to which the avails are to be applied, except upon checks issued in pay- ment of individual pensions, the special form of such checks indicating suffi- ciently the character of disbursement. If the object or purpose for which any check of a public disbursing officer is drawn is not stated thereon, as required, or if any reason exists for suspecting fraud, the office or bank on which such check is drawn will refuse its payment. Such statement may be made in brief form, but must clearly indicate the object of the expenditure, as, for instance, " pay," " pay roll," or " payment of troops," adding the fort or station ; " purchase of subsistence " or other supplies ; '' on account of construction," mentioning the fortification or other public work for which the payment is made ; " payments under $20," etc. Checks will not be returned to the drawer after their payment, but the de- positary with whom the account is kept shall furnish the officer with a monthly statement of his deposit account. (Id.) No allowance will be made to any disbursing officer for expenses charged for collecting money on checks. Whenever any disbursing officer of the United States shall cease to act hi that capacity he will at once inform the Secretary of the Treasury whether he has any public funds to his credit in any office or bank, and, if so, what checks if any, he has drawn against the same, which are still outstanding and unpaid! Until satisfactory information of this character shall have been furnished, the whole amount of such moneys will be held to meet the payment of his checks properly payable therefrom. In case of the death, resignation, or removal of any disbursing officer, checks previously drawn by him will be paid from the funds to his credit, unless such checks have been drawn more than four months before their presentation, or reasons exist for suspecting fraud. Any check previously drawn by him and not presented for payment within four months of its date will not be paid until its correctness shall have been attested by the Secretary or Assistant Secretary of the Treasury. (Id.) Deposits to the credit of the Tren surer of the United States on account of repayment of disbursing funds must be made with the officer or bank in which such funds jtre to the credit of the disbursing officer. (Id.) For every deposit made by a disbursing officer, to his official credit, a receipt in form as below shall be given, setting forth its serial number and the place 166 MILITARY LAWS OF THE UNITED STATES. grade or denomination whatsoever, or connected with any branch of the public service, other than an exchange for gold, silver, United States notes and national-bank notes ; and every such disbursing officer, when the means for his disbursements are furnished to him in gold, silver, United States notes, or national-bank notes, shall make his payments in the money so furnished; or when they are furnished to him in drafts, shall cause those drafts to be presented at their place of pay- ment, and properly paid according to law, and shall make his pay- ments in the money so received for the drafts furnished, unless, in either case, he can exchange the means in his hands for gold and silver at par. And it shall be the duty of the head of the proper Depart- ment immediately to suspend from duty any disbursing officer or agent who violates the provisions of this section, and forthwith to report the name of the officer or agent to the President, with the fact of the violation, and all the circumstances accompanying the same, and within the knowledge of the Secretary, to the end that such officer or agent may be promptly removed from office or restored to his trust and the performance of his duties, as the President may deem just and proper. Sec. 3651, R. S. 402. Premiums on sales to be accounted for. No officer of the United States shall, either directly or indirectly, sell or dispose of to any person, for a premium, any Treasury note, draft, warrant, or other public security, not his private property, or sell or dispose of the avails or proceeds of such note, draft, warrant, or security, in his hands for disbursement, without making return of such premium, and accounting therefor by charging the same in his accounts to the credit of the United States; and any officer violating this section shall be forthwith dismissed from office. Sec. 3652, R. S. and date of issue ; the title of each officer shall be expressed, and tho title of the disbursing account shall also show for what branch of the public service the account is kept, as it is essential for the proper transaction of departmental business that accounts of moneys advanced from different bureaus to a disburs- ing officer serving in two or more distinct capacities be kept separate and dis- tinct from each other, and be so reported to the department both by the officer and the depositary, the receipt to be retained by the officer in whose favor it is issued : No. . Office of the U. S. (Assistant Treasurer or Depositary), , , 189. Received of , - dollars, consisting of - , to be placed to his credit as , and subject only to his check in that official capacity. United States (Assistant Treasurer or Depositary.) These regulations are intended to supersede those of August 24, 1876. (See G. O. 53, A. G. O., 1897.) A disbursing officer who deposits money in a bank, not designated as a de- positary in accordance with the requirements of sections 3620 and 3639 of the Revised Statutes, is liable, with his sureties, for any loss that may arise from the failure of said bank. (XX Opin. Att. Gen., 24.) (See par. 417 as to funds received as the value of stores transferred to the Philippine government.) MILITARY LAWS OF THE UNITED STATES. 167 403. Proceeds of sales. The gross amount of all moneys received from whatever source for the use of the United States, except as otherwise provided in the next section, shall be paid by the officer or agent receiving the same into the Treasury, at as early a day as prac- ticable, without any abatement or deduction on account of salary, fees, costs, charges, expenses, or claim of any description whatever. But nothing herein shall affect any provision relating to the revenues of the Post-Office Department. Sec. 3617, R. S. (See remarks which follow par. 404. On the general question of the disposi- tion to be made of the proceeds of sale see A. R. 1913, pars. 617-19.) 404. Proceeds of sales of materials. All proceeds of sales of old material, condemned stores, supplies, or other public property of any kind, except the proceeds of the sale or leasing of marine hospitals, or of the sales of revenue-cutters, o*r of the sales of commissary stores to the officers and enlisted men of the Army, or of materials, stores, or supplies sold to officers or soldiers of the Army, or of the sale of condemned Navy clothing, or of sales of materials, stores, or supplies to any exploring or surveying expedition authorized by law, shall be deposited and covered into the Treasury as miscellaneous receipts, on account of " proceeds of Government property," and shall not be withdrawn or applied, except in consequence of a subsequent appro- priation made by law. 1 Sec. 3618, R. S. (See note to par. 406.) 405. Proceeds of certain sales, etc., of materials. All moneys re- ceived from the leasing or sale of marine hospitals, or the sale of revenue cutters, or from the sale of commissary stores to the officers and enlisted men of the Army, [or from the sale of materials, stores, or supplies sold to officers and soldiers of the Army,] or from sales of condemned clothing of the Navy, or from sales of materials, stores, or supplies to any exploring or surveying expedition authorized by law, shall respectively revert to that appropriation out of which they were originally expended, and shall be applied to the purposes for which they are appropriated by law. 2 Sec. 3692, R. S. (See note to par. 406.) 1 Under section 3618 of the Revised Statutes, all proceeds of sales of old mate- rial, condemned stores, supplies, or other public property of any kind, with certain specified exceptions, are to be deposited and covered into the Treasury as miscellaneous receipts on account of " proceeds of Government property," and are not to be withdrawn or applied, except in consequence of a subsequent appro- priation made by law. (3 Dig. 2d Comp. Dec., 1249.) All proceeds of sales of public property covered into the Treasury as miscel- laneous receipts should be charged and credited on account of " proceeds of Government property," as contemplated by section 3618 of the Revised Statutes. (Id., 1255.) 2 Under section 3692 of the Revised Statutes all moneys received from the sale of materials, stores, or supplies to officers and soldiers of the Army can be applied to the liquidation of liabilities against the appropriation out of which they were originally expended, only during the fiscal year in which the sale was made. (3 Dig. 2d Comp. Dec., 1246.) 168 MILITARY LAWS OF THE UNITED STATES. 406. Expenses of sales. From the proceeds of sales of old mate- rial, condemned stores, supplies, or other public property of any kind, before being deposited into the Treasury, either as miscellaneous re- ceipts on account of " proceeds of Government property " or to the credit of the appropriations to which such proceeds are by law au- thorized to be made, there may be paid the expenses of such sales, as approved by the accounting officers of the Treasury, so as to require only the net proceeds of such sales to be deposited into the Treasury, either as miscellaneous receipts or to the credit of such appropria- tions, as the case may be. 1 Act of June &, 1896 (29 Stat. (See chapter entitled Quartermaster Corps as to disposal of proceeds of sub- sistence stores sold to officers, etc. See also chapter entitled Ordnance Depart- ment for the laws regulating the disposal of proceeds from sale of obsolete ordnance material.) 407. Advances of public money prohibited. No advance of public money shall be made in any case whatever. And in all cases of con- tracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles deliv- ered previously to such payment. 2 It shall, however, be lawful, 1 The act of June 8, 1896, authorizing the payment of expenses, " as approved by the accounting officers of the Treasury," incurred in the sale of old material, etc., from the gross proceeds thereof, and the payment into the Treasury of the net proceeds only, does not require that such expenses shall be so approved before payment, but simply that an itemized account thereof shall be rendered to the accounting officers for settlement as any other item of expenditure of Government funds. (Ill Comp. Dec., 149.) The course authorized by the act of June 8, 1896, in the payment of expenses of sales of old materials from the proceeds thereof, and the deposit in the Treasury of the net proceeds only, should be adopted in all cases, although there may be an appropriation avail- able for the payment of expenses incurred in such sales. (Id., 190.) 2 In the case of disbursing officers the policy of the Government has been to acknowledge no payments as made on its behalf save those which are author- ized by law. If .an officer makes a mistake of law the payment is disallowed when his accounts come in for settlement and charged to him as if the money were still in his hands. (McKim v. U. S., 12 Ct. Cls., 504, 532.) Such officers are special agents with very limited authority. Their duties are ministerial; they are to pay the money according to the law and the facts in each case, and if they make mistakes in either they are personally liable themselves, and the Government may also, without doubt, maintain an action to recover back the money from the person wrongfully receiving it. No discretion or authority to decide controverted questions of law is intrusted to such officers. (See dis- senting opinion of Richardson, J., in McKee v. U. S., 12 Ct. Cls.. 504. 551.) A disbursing officer is prohibited by section 3648, Revised Statutes, from paying more than a proper proportion of the entire contract price agreed upon for the transportation of public property when only a portion of the property has been delivered. (Ill Comp. Dec., 221. See, also, id., 187.) An advance of public money made by a paymaster of the Army to an officer ordered to a distant station, when made by direction of the President as pro- vided by section 3648 of the Revised Statutes, to provide for the pay of such officer for a future period, is not a payment for services for the correctness of which the paymaster is responsible, but an advance of public money to the officer in question for which he, and not the paymaster, is accountable to the United States. (IV id., 250.) The payment of express charges in advance is prohibited by this section. (Id., 544.) MILITARY LAWS OF THE UNITED STATES. 169 under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements. The President may also direct such advances as he may deem necessary and proper to per- sons in the military and naval service employed on distant stations, where the discharge of the pay and emoluments to which they are entitled can not be regularly effected. Sec. 3648, R. S. (See, however, in chapter entitled Quartermaster Corps a provision for the payment in advance of troops embarking for the Philippines.) 408. Public moneys not to be used for payment, etc., of expenses of commissions, etc. Hereafter no part of the public moneys, or of any appropriation heretofore or hereafter made by Congress, shall be used for the payment of compensation or expenses of any com- mission, council, board, or other similar body, or any members thereof, or for expenses in connection with any work or the results of any work or action of any commission, council, board, or other similar body, unless the creation of the same shall be or shall have been authorized by law ; nor shall there be employed by detail, here- after or heretofore made, or otherwise personal services from any executive department or other government establishment in connec- tion with any such commission, council, board, or other similar body. Sec. 9, Act of Mar. 4, 1909 (35 Stat. 1027}. 409. Entry of each deposit, transfer, and payment. All persons charged by law with the safe keeping, transfer, and disbursement of the public moneys, other than those connected with the Post-Office Department, are required to keep an accurate entry of each sum re- ceived and of each payment or transfer. Sec. 364.3, R. S. 410. Accounting to ~be by items. Hereafter all officers, agents, or other persons receiving public moneys appropriated by this or any subsequent Army appropriation act shall account for the disburse- ment thereof according to the several nnd distinct items of appropri- ation expressed in such act. Act of July 5, 1884 (23 Stat. 113). 411. Total amount of appropriation how determined. Hereafter the total amount appropriated in the various paragraphs of an appropriation act shall be determined by the correct footing up of the specific sums or rates appropriated in each paragraph contained therein unless otherwise expressly provided. Act of May 28, 1896 (29 Stat. 148). 412. Inspection of disbursements. It shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursements made by dis- bursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the dis- 170 MILITARY LAWS OP THE UNITED STATES. bursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the inspection department of the Army, or others detailed for that purpose: Provided, That no officer so detailed shall be in any way connected with the department or corps making the dis- bursement. Act of Apr. 20, 1874 (18 Stat. 33). (See A. R. 897, 901, and 902 of 1913.) 413. Same To be reported to Congress. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. Sec. 2, id. 414. Counterfeit money. All United States officers charged with the receipt or disbursement of public moneys, and all officers of na- tional banks, shall stamp or write in plain letters the word " counter- feit," "altered," or "worthless" upon all fraudulent notes issued in the form of and intended to circulate as money which shall be pre- sented at their places of business; and if such officers shall wrong- fully stamp any genuine note of the United States, or of the national banks, they shall, upon presentation, redeem such notes at the face value thereof. Sec. 5, Act of June 30, 1876 (19 Stat. 64). 415. Accounts to be rendered monthly. Every officer or agent of the United States who receives public money which he is not au- thorized to retain as salary, pay, or emolument, shall render his acccounts monthly. Such accounts, with the vouchers necessary to the correct and prompt settlement thereof, shall be sent by mail or otherwise to the bureau to which they pertain within ten days after the expiration of each successive month, and, after examination there, shall be passed to the proper accounting officer of the Treasury for settlement. Disbursing officers of the Navy shall, however, render their accounts and vouchers direct to the proper accounting officer of the Treasury. In case of the nonreceipt at the Treasury, or proper bureau, of any accounts within a reasonable and proper time there- after, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this section. Nothing herein contained shall, however, be con- strued to restrain the heads of any of the Departments from re- quiring such other returns or reports from the officer or agent, sub- ject to the control of such heads of Departments, as the public inter- est may require. 1 Sec. 3622, R. S., as amended ~by Acts of Feb. 27, 1877 (19 Stat. 249), and July 31, 1894 (28 Stat. 209). *An account is something which may be adjusted and liquidated by an arith- metical computation. One set of Treasury officers examine and audit the ac- counts, another set is intrusted with the power of reviewing that examination and with the further power of determining whether the laws authorize the payment of the account when liquidated. But no law authorizes Treasury officials to allow and pass in accounts a number not the result of arithmetical computation upon a subject within the operation of the mutual part of a con- tract. (Power v. U. S., 18 Ct. Cls., 263. 275.) A voucher given by an officer MILITARY LAWS OF THE UNITED STATES. 171 416. Same In accordance with appropriations. All officers, a fronts, or other persons receiving public moneys, shall render dis- tinct accounts of the application thereof according to the appro- priation under which the same may have been advanced to them. Sec. 3623, R. S. 417. Funds derived from transfer of stores to the Philippine government. Hereafter all funds received as the value of military stores transferred by the several staff departments of the Army to the Insular Department of the Philippines, or work done, shall be deposited in the Treasury of the United States and remain available during the fiscal year in which the transaction occurred and the fol- lowing year for the procurement of like military stores to replace those so transferred. Act of June 12, 1906 (34 Stat. 258}. (As to the general disposition of funcfcs see par. 401.) of the Government, in the regular and ordinary course of his business, for services rendered or articles purchased for the public service, within the scope of his authority and the line of his duty un impeached, is prima facie evidence of indebtedness on the part of the United States, as therein stated. (Parish v. U. S., 2 Ct. Cls., 341; Solomon v. U. S., 19 Wall., 17, and 9 Ct. Cls., 54.) In this respect the executive officers who are authorized to make contracts, employ services, or purchase property for the public service, and whose duty it is to see to it that the money certified by them to be due has been actually and fairly earned, within their own knowledge, while acting in their official capacity, differ from the certified balances of the accounting officers. In the examination of claims in the Treasury Department these accounting officers act wholly upon the evidence presented to them by others, and have themselves no per- sonal knowledge of the facts upon which the claims are founded. It is one of the fundamental principles upon which that Department is established and a useful and nice one it is that the executive officers who pass upon public ac- counts shall be different from those who are authorized to make contracts and incur liabilities in the expenditure of public money. (McCann v. U. S., 18 Ct. Cls., 445, 447.) The accounts under a contract remain open so long as anything remains to be adjusted or paid. (Parker v. U. S., 26 Ct. Cls., 344.) The first clause of section 3622 of the Revised Statutes, which requires the rendition of accounts monthly, is applicable to every officer who receives ad- vances of public money to be disbursed, and also to every officer who collects and receives fees and revenues which it is his duty to account for. (XIX Opin. Att. Gen.. 557.) The requirement that officers render their accounts monthly is not subject to the direction of the Secretary of the Treasury, excepting in extraordinary cases, where he shall be of opinion that the statutory period ought to be enlarged to meet the special circumstances of such cases. (XIX Opin. Att. Gen., 557.) For other statutory regulations in respect to the disbursement of and account- ing for the public moneys, see sections 3643, 3648, 3678, and 3679 of the Revised Statutes, paragraphs 407, 408, 409, 410, and 411, ante. Section 5495 of the Revised Statutes provides that the refusal of any person charged with the disbursement of public moneys promptly to transfer or dis- burse the funds in his hands, " upon the legal requirement of an authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, as prima facie evidence of such embezzlement." Applying this rule to a military case, it is clear that in the event of such a refusal by a disbursing officer of the Army the burden of proof would be upon him to show that his proceeding was justified and that it would not be for the prosecution to show what had become of the funds. So, where an acting commissary of subsistence, on being relieved, failed to turn over the public moneys to his successor, or to his post commander, when ordered to do so, or to produce such moneys, exhibit vouchers for the same, or otherwise account for their use. when required to do so by the department commander, held, that he was properly chargeable with and convicted of embezzlement under this article (sixtieth article of war). (Dig. Opin. ,T. A. G., par. 114, edition of 1901.) 172 MILITAKY LAWS OF THE UNITED STATES. 418. Offenses in connection with the safe-keeping and disburse- ment of the public money; receipting for larger sums than are paid. Whoever, being an officer, clerk, agent, employee, or other person charged with the payment of any appropriation made by Congress, shall pay to any clerk or other employee of the United States a sum less than that provided by law, and require such em- ployee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employee of the Government and imprisoned not more than two years. Sec. 86, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1105). (For other offenses relating to the wrongful use of public money and prop- erty, see chapters entitled Department of the Treasury, Contracts and purchases, and Public property.) 419. Same Wrongful conversion. Whoever, being a disbursing officer of the United States, or a person acting as such, shall in any manner convert to his own use, or loan with or without interest, or deposit in any place or in any manner, except as authorized by law, any public money intrusted to him ; or shall, for any purpose not pre- scribed by law, withdraw from the Treasurer, or any assistant treas- urer, or any authorized depositary, or transfer, or apply, any por- tion of the public money intrusted to him, shall be deemed guilty of an embezzlement of the money so converted, loaned, deposited, with- drawn, transferred, or applied, and shall be fined not more than the amount embezzled, or imprisoned not more than ten years, or both. Sec. 87, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1105). 420. Same The loan or conversion of public moneys. Every officer or other person charged by any Act of Congress with the safe- keeping of the public moneys, who shall loan, use, or convert to his own use, or shall deposit in any bank or exchange for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, shall be guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined in a sum equal to the amount of money so embez- zled and imprisoned not more than ten years. Sec. 89, id. 421. Same Failure to render accounts. Every officer or agent of the United States who, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law shall be deemed guilty of embezzlement, and shall be fined in a sum equal to the amount of the money embezzled and imprisoned not more than ten years. Sec. 90, id. 422. Same Failure to deposit as required. Whoever, having money of the United States in his possession or under his control. MILITARY LAWS OF THE UNITED STATES. 173 shall fail to deposit it with the Treasurer, or some assistant treasurer, or some public depositary of the United States, when required so to do by the Secretary of the Treasury, or the head of any other proper department, or by the accounting officers of the Treasury, shall be deemed guilty of embezzlement thereof, and shall be fined in a sum equal to the amount of money embezzled and imprisoned not more than ten years. Sec. 91, id. 423. Same To whom foregoing provisions are applicable. The provisions of the five preceding sections shall be construed to apply to all persons charged with the safe-keeping, transfer, or disburse- ment of the public money, whether such persons be indicted as receiv- ers or depositaries of the same. Sec. 92, id. (The foregoing has reference to secs87-91 of the Criminal Code. Of these, sees. 87, 89, 90, and 91 appear in this work as pars. 419-422, respectfully. Sec. 88, having no relation to the military, has not been included.) 424. Same Record evidence of embezzlement. Upon the trial of any indictment against any person for embezzling public money under any provision of the six preceding sections, it shall be suffi- cient evidence, prima facie, for the purpose of showing a balance against such person, to produce a transcript from the books and pro- ceedings of the Treasury, as required in civil cases, under the provi- sions for the settlement of accounts between the United States and receivers of public money. Sec. 93, id. (See remarks following par. 423. U. S. v. Gaussen, 19 Wall., 198.) 425. Same Prima facie evidence. The refusal of any person, whether in or out of office, charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or war- rant, drawn upon him by the proper accounting officer of the Treas- ury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzle- ment, prima facie evidence of such embezzlement. Sec. 94, id., 1106. 426. Same Evidence of conversion. If any officer charged with the disbursement of the public moneys accepts, receives, or transmits to the Treasury Department to be allowed in his favor any receipt or voucher from a creditor of the United States without having paid to such creditor in such funds as the officer received for disburse- ment, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion by such officer to his own use of the amount specified in such receipt or voucher. Sec. 95, id. 174 MILITARY LAWS OF THE UNITED STATES. 427. Same Banker, etc., not authorized depositary receiving public money from disbursing officer, etc. Every banker, broker, or other person not an authorized depositary of public moneys, who shall -knowingly receive from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or with- out interest, or otherwise than in payment of a debt against the United States, or shall use, transfer, convert, appropriate, or apply any portion of the public money for any purpose not prescribed by law ; and every president, cashier, teller, director, or other officer of any bank or banking association who shall violate any provision of this section is guilty of embezzlement of the public money so de- posited, loaned, transferred, used, converted, appropriated, or applied, and shall be fined not more than the amount embezzled, or impris- oned not more than ten years, or both. Sec. 96, id. (While the penalty provided above does not directly apply to the military, it has heen deemed wise to insert the section.) 428. Same Embezzlement. Any officer connected with, or em- ployed in, the Internal-Revenue Service of the United States, and any assistant of such officer, who shall embezzle or wrongfully con- vert to his own use any money or other property of the United States, and any officer of the United States, or any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States or of some other person or party, shall, where the offense is not otherwise pun- ishable by some statute of the United States, be fined not more than the value of the money and property thus embezzled or converted, or imprisoned not more than ten years, or both. Sec. 97, id. 429. Making false certificate. Whoever, being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 106, id., 1107. % 430. Officers, etc., not to prosecute claims against the govern- ment. Whoever, being an officer of the United States, or a person holding any place of trust or profit, or discharging any official func- tion under, or in connection with, any Executive Department of the Government of the United States, or under the Senate or House of MILITARY LAWS OF THE UNITED STATES. 175 Representatives of the United States, shall act as an agent or attor- ney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, shall aid or assist in the prosecution or support of any such claim, or receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall be fined not more than five thousand dollars, or imprisoned not more than one year, or both. Sec. 109, id. CHAPTER THE ADJUTANT GENEEAL'S DEPARTMENT. Par. The Adjutant General's Department, the Record and Pension Office, and the Military Secretary's Depart- ment 431-458 Organization 431 The Record and Pension Office.. 432 Same composition of 433 Military Secretary's Department, Adjutant General's Depart- ment, and Record and Pension Office consolidated 434 Same, appropriations, etc., to be available for both 435 Military Secretary's Department to be known as the Adjutant General's Department, etc 436 Duties of assistant adjutants gen- eral 437 Duties of Record and Pension Office 438 Returns and muster rolls of vol- unteers 439 Military records of Revolution- ary War and War of 1812 440 Records of Indian wars, etc 441 Records of the War of the Revo- lution 442 Removal .of the charge of deser- tion.. . 443 Par. The Adjutant General's Department, the Record and Pension Office, and the Military Secretary's Depart- ment Continued. Same application for 444 Same where soldier reenlisted . 445 Same where restored to duty.. 446 Same heirs to receive pay and bounty 447 Same pay, etc., while absent without leave 448 Same Mexican War soldiers 449 Same exceptions 450 Same when soldier is to be re- stored to honorable status 451 Same no pay while absent 452 Same limitation 453 Same time for applications ex- tended 454 Remuster of officers of volunteers 455 Same heirs, etc., entitled to arrears of pay, etc 456 Same pay received in good faith not to be refunded 457 Certificates of service in Military Telegraph Corps 458 431. Organization. The Adjutant-General's Department shall consist of one Adjutant-General with the rank of major-general, and when a vacancy shall occur in the office of Adjutant-General on the expiration of the service of the present incumbent, by retirement or otherwise, the Adjutant-General shall thereafter have the rank and pay of a brigadier-general, five assistant adjutants-general with the rank of colonel, seven assistant adjutants-general with the rank of lieutenant colonel, and fifteen assistant adjutants-general with the rank of major : Provided , That all vacancies created or caused by this 48985 15 12 177 178 MILITARY LAWS OF THE UNITED STATES. section shall, as far as possible, be filled by promotion according to seniority of officers of the Ad jut ant- General's Department. Sec. 13, Act of Feb. 2, 1901 (31 Stat., 751). (For the law regarding promotions in, and details to, the Adjutant-General's Department see chapter entitled Staff Departments. It has been necessary to include in this chapter certain laws which have been superseded in order to make clear the devolution of the present Adjutant-General's Department. See par. 434.) 432. The Record and Pension Office. The, division organized by the Secretary of War in his office for the preservation and custody of the records of the volunteer armies under the name of the Record and Pension Division is hereby established as now organized, and shall hereafter be known as the Record and Pension Office of the War Department. Act of May 9, 1892 (27 Stat. 27) . 433. Same Composition of. The officers of the Record and Pen- sion Office of the War Department shall be a chief of said office with the rank of a brigadier-general and an assistant chief of said office with the rank of major: Provided, That any person appointed to be Chief of the Record and Pension Office after the passage of this act shall have the rank of colonel. Sec. 25, Act of Feb. 2, 1901 (31 Stat. 754). (See^remarks following par. 431.) 434. Military Secretary's Department, Adjutant-General's Depart- ment and Record and Pension Office consolidated. The officers of the Adjutant-General's Department, except the Adjutant-General, and the officers of the Record and Pension Office shall hereafter con- stitute one department of the Army, to be known as the Military Secretary's Department; and the Adjutant- General's Office and the Record and Pension Office, heretofore constituting bureaus of the War Department, shall hereafter constitute a consolidated bureau to be known as the Military Secretary's Office of the War Department. The officers so consolidated shall be borne on one list in the order of rank held by them, and those of them who hold permanent appoint- ments as officers of the Adjutant-General's Department or of the Record and Pension Office shall be entitled to promotion below the grade of brigadier-general, as now provided by law and in the order of their standing on said list. Except as otherwise provided herein, the laws now in force shall continue to govern the appointment, pro- motion, and detail of all officers of the consolidated department hereby created: Provided, That the officers of the said consolidated department shall be subject to the supervision of the Chief of Staff in all matters pertaining to the command, discipline, or administra- tion of the existing military establishment : Provided -further, That no appointments or details to the grade of assistant adjutant-general with the rank of major shall be made until the number of officers of MILITARY LAWS OF THE UNITED STATES. 179 that grade shall be reduced to less than ten, and thereafter the num- ber of officers of said grade in the consolidated department shall be ten : Provided further, That of the officers consolidated as hereinbe- fore provided the senior in rank, who shall be chief of the consoli- dated department and the title of whose office is hereby changed to that of the military secretary, shall hereafter have the rank of major- general, and the second senior of said officers shall hereafter have the rank of brigadier-general : Provided further ', That when the office of Military Secretary with the rank of major-general shall hereafter become vacant, it shall not be filled with said rank, and thereafter the chief of the Military Secretary's Department shall have the rank of a brigadier-general with the title of The Military Secretary, and there shall be only one officer above the rank of colonel in the said department. Except as hereinafter provided, the remaining offices of the consolidated department shall retain the titles that they now bear: Provided further, That when the office of Ad jut ant- General shall become vacant the vacancy so created on the active list of the Army shall not be filled, and thereafter the several officers now des- ignated by the title assistant adjutant-general and by the title assist- ant chief of the Record and Pension Office shall be designated by the title Military Secretary. Act of Apr. 23, 1904 (3 Stat. 262). (See par. 436. See also remarks following par. 431.) 435. Same Appropriations, etc., to ~be available for both. When- ever the office of the Ad jut ant- General and the Record and Pension Office shall be consolidated by operation of law, any appropriation available at the time of such consolidation, or that may thereafter become available, for the support of either of those offices shall be equally available for the support of the bureau formed by the con- solidation, and all employees provided by law for either of said offices, except such employees as were transferred by the Secretary of War to the Military Information Division of the General Staff prior to April first, nineteen hundred and four, shall be regarded as employees of the consolidated bureau and shall be exclusively en- gaged upon the work of that bureau as required in the case of the employees of the Record and Pension Office by the Acts making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal years nineteen hundred and four and nineteen hundred and five. Act of Apr. 27, 1904 (33 Stat. 401). 436. Military Secretary's Department to be known as the Adjutant- GeneraVs Department, etc. Hereafter the Military Secretary's De- partment of the Army shall be known as the Adjutant-General's Department, the senior in rank of the officers of said department shall be designated by the title of The Adjutant-General, the other officers of the Department shall be designated by the title of Adju- tant-General, and The Military Secretary's Office of the War De- 180 MILITABY LAWS OF THE UNITED STATES. partment shall be known as the Adjutant-General's Office. Act of Mar. 2, 1907 (34 8tat. 1158). (The office of major-general provided for in par. 434, as well as the office of brigadier-general for the second senior in the Military Secretary's Depart- ment provided for in the same paragraph, have been vacated. There is but one general officer now in the Adjutant-General's Department and he occupies the office of Adjutant-General.) 437. Duties of assistant adjutants-general. Assistant adjutants- general shall, in addition to their own duties, perform those of assistant inspectors-general, when the convenience of the service requires them to do so. 1 Sec. 1130, R. S. (For the law regarding the recruiting service which is under the management of The Adjutant-General, see chapter Enlisted men.) 438. Duties of Record and Pension Office. The Record and Pen- sion Office of the War Department shall, under the Secretary of War, have charge of the military and hospital records of the volun- teer armies and the pension and other business of the War Depart- ment connected therewith ; and all laws or parts of laws inconsistent *The Adjutant-General's Department is the department of records, orders and correspondence of the Army and the militia. The Adjutant-General is charged, under the direction of the Secretary of War, and subject to the supervision of the Chief of Staff in all matters per- taining to the command, discipline, or administration of the existing military establishment, with the duty of recording, authenticating, and communicating to troops and individuals in the military service all orders, instructions, and regulations issued by the Secretary of War through the Chief of Staff; of pre- paring and distributing commissions; of compiling and issuing the Army Regis- ter and the Army List and Directory; of consolidating the general returns of the Army; of arranging and preserving the reports of officers detailed to visit encampments of militia ; of preparing the annual returns of the militia required by law to be submitted to Congress ; of managing the recruiting service, and of recording and issuing orders from the War Department remitting or mitigating sentences of general prisoners who have been discharged from the military service. The Adjutant-General is vested by law with the charge, under the Secretary of War, " of the military and hospital records of the volunteer armies and the pension and other business of the War Department connected therewith " ; and of the publication and distribution of the Official Records of the War of the Rebellion. He also has charge of the historical records and business of the permanent military establishment, including all pension, pay, bounty, and other business pertaining to or based upon the military or medical histories of former officers or enlisted men. The archives of The Adjutant-General's Office include: All military records of the Revolutionary War ; the records of all organizations, officers, and enlisted men that have been in the military service of the United States since the Revo- lutionary War; the records of the movements and operations of troops; the medical and hospital records of the Army ; all reports of physical examination of recruits and all identification cards; the records of the Provost Marshal General's Bureau; the records of the Bureau of Refugees, Freedmen, and Abandoned Lands; the Confederate records, including those pertaining to the legislative, executive, and judicial branches of the Confederate government. Upon the muster out or discharge of volunteers or militia from the service of the United States all the records that pertain to them, and that have not already been filed in The Adjutant-General's office, will be transferred to and filed in that office. The Adjutant-General takes such steps as are necessary to complete or cor- rect the records in his custody, and answers all calls or inquiries that are answerable from those records and that do not require administrative action by other bureaus of the War Department (A.. R. 1913, Par. 774.) MILITARY LAWS OF THE UNITED STATES. 181 with the terms of this act are hereby repealed. Act of May 9, 1892 (27 S 'tat. 27). 439. Returns and muster rolls of volunteers. All returns and muster rolls of organizations of the Volunteer Army and of militia organizations while in the service of the United States shall be ren- dered to the Adjutant-General of the Army, and upon the dis- bandment of such organizations the records pertaining to them shall be transferred to and filed in the Record and Pension Office of the War Department. And regimental and all other medical officers serving with volunteer troops in the field or elsewhere shall keep a daily record of all soldiers reported sick, or wounded as shown by the morning calls or reports, and shall deposit such reports with other reports provided for injthis section with the Record and Pension Office, as provided herein for other reports, returns and muster rolls. Sec. 8, Act of Apr. 22, 1898 (30 Stat. 362). 440. Military records of Revolutionary War and War of 1812. All military records, such as muster and pay rolls, orders, and re- ports relating to the personnel or the operations of the armies of the Revolutionary war and of the war of eighteen hundred and twelve, now in any of the Executive Departments, shall be transferred to the Secretary of War, to be preserved, indexed, and prepared for pub- lication. 1 Act of Aug. 18, 1894 (28 Stat. 403). 441. Records of Indian wars, etc. r-That the military rolls and records of the Indian wars or any other wars prior to the civil war, now preserved in the Interior or other Departments, be transferred to the War Department, to be preserved in the Record and Pension Office of that Department, and that they shall be properly indexed and arranged for use. Joint Res. No. 35 of Apr. 28, 1904 (33 Stat. 591). 442. Records of the war of the Revolution. Within the limits of the appropriation herein made, the Secretary of War is hereby authorized and directed to collect or copy and classify, with a view to publication, the scattered military records of the Revolutionary War, including all troops acting under State authority, and the Secretary of the Navy is hereby authorized and directed to collect or copy and classify, with a view to publication, the scattered naval records of the Revolutionary War. lr The act of July 27, 1892 (27 Stat. 275), had contained the requirement that " the military records of the American Revolution and of the war of eighteen hundred and twelve, now preserved in the Treasury and Interior Departments, be transferred to the War Department, to be preserved in the Record and Pen- sion Division of that Department, and that they shall be properly indexed and arranged for use." The acts of March 2, 1895 (28 Stat. 788), and May 28, 1896 (29 id. 161), authorized the Secretary of War, upon the application of the governor of a State, to furnish to such governor a transcript of the military history of any regiment or company furnished by his State, under such regula- tions as might be prescribed by the Secretary of War, the expense of preparing such transcript to be borne by the State requesting it. 182 MILITARY LAWS OF THE UNITED STATES. SEC. 2. That all such records in the possession or custody of any official of the United States shall be transferred, the military records to the War Department and the naval records to the Navy Depart- ment. SEC. 3. That there is hereby appropriated for the purposes of this Act, out of any money in. the Treasury not otherwise appropriated, twenty-five thousand dollars for the War Department and seven thousand dollars for the Navy Department: Provided, That the aforesaid sums of money shall be expended, respectively, under the direction of the Secretary of War and the Secretary of the Navy, and that they shall make to Congress each year detailed statements showing how the money herein appropriated has been expended and to whom : Provided further, That no part of the sum hereby appro- priated shall be used in the purchase of any such records that may be discovered either in the hands of private owners or in public deposi- tories. Act of Mar. 2, 1913 (37 Stat. 723) . 443. Removal of the charge of desertion. The charge of desertion now standing on the rolls and records in the Eecord and Pension Office of the War Department against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testi- mony, that such soldier served faithfully until the expiration of his term of enlistment, or until the first day of May, anno Domini eight- een hundred and sixty-five, having previously served six months or more, and, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge, or that such soldier absented himself from his command, or from hospital while suffering from wounds, in- juries, or disease received or contracted in the line of duty and was prevented from completing his term of enlistment by reason of such wounds, injuries, or disease. Sec. 1, Acts of Mar. 8, 1889 (25 Stat. 869) ; May 9, 1892 (27 id. 27) . (The last cited act merely serves to alter the wording of the earlier act by changing the place of custody of the records from the office of the Adjutant- General to the Record and Pension Office.) 444. Same Application for. The Secretary of War is hereby authorized to remove the charge of desertion from the record of any regular or volunteer soldier in the late war upon proper application thereior, and satisfactory proof in the following cases : First. That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, voluntarily returned to his command and served faithfully to the end of his term of service, or until discharged. MILITARY LAWS OF THE UNITED STATES. 183 Second. That such soldier absented himself from his command or from hospital while suffering from wounds, injuries, or disease, re- ceived or contracted in the line of duty, and upon recovery volun- tarily returned to his command and served faithfully thereafter, or died from such wounds, injuries, or disease while so absent, and before the date of muster out of his command or expiration of his term of service, or was prevented from so returning by reason of such wounds, injuries, or diseases before such muster out or expira- tion of service. Third. That such soldier was a minor, and was enlisted without the consent of his parent or guardian, and was released or dis- charged from such service by the order or decree of any State or United States court on habeas corpus or other judicial proceedings; and in such case such soldier shall not be entitled to any bounty or allowance or pay for any time such soldier was not in the perform- ance of military duty. Sec. 2, Act of Mar. 8, 1889 (25 Stat. 869), as amended by the Act of Mar. 2, 1891 (26 Stat. 824). 445. Same Where soldier reenlisted. The charge of desertion now standing on the rolls and records in the office of the Adjutant- General of the Army [or the Record and Pension Office of the War Department] against any regular or volunteer soldier who served in the late war of the rebellion by reason of his having enlisted in any regiment, troop, or company, or in the United States Navy or Marine Corps, without having first received a discharge from the regiment, troop, or company in which he had previously served shall be re- moved in all cases wherein it shall be made to appear to the satis- faction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such reenlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to had he remained under his original term of enlistment; that the absence from the service did not exceed four months, and that such soldier served faithfully under his re- enlistment. Sec. 3, Act of Mar. 2, 1889 (25 Stat. 870); and Act of May 9, 1892 (27 id, 27}. (See remark following paragraph 448, which is equally applicable to this paragraph. ) 446. Same Where restored to duty. Whenever it shall appear from the official records in the office of the Adjutant-General, United States Army [or the Record and Pension Office of the War Depart- ment], that any regular or volunteer soldier of the late war was formally restored to duty from desertion by the commander compe- tent to order his trial for the offense, or, having deserted and being charged with desertion, was, on return to the service, suffered, with- out such formal restoration, to resume his place in the ranks of his 184 MILITARY LAWS OF THE UNITED STATES. command, serving faithfully thereafter until the expiration of his term, such soldier shall not be deemed to rest under any disability because of such desertion in the prosecution of any claim for pen- sion, on account of disease contracted or wounds or injuries received in the line of his duty as a solider. Sec. h Act of Mar. #, 1889 (25 Stai. 870). (See remarks which follows paragraph 448.) 447. Same Heirs to receive pay and bounty. When the charge of desertion shall be removed under the provisions of this act from the record of any soldier, such soldier, or, in case of his death, the heirs or legal representatives of such soldier, shall receive the pay and bounty due to such soldier. Sec. 5, id. 448. Same Pay, etc., while absent without leave. This act shall not be so construed as to give to any such soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any pay, bounty, or allowance for any time during which such soldier was absent from his command without proper authority, nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a period of less than six months. 1 Sec. 5, id. 449. Same Mexican War soldiers. The Secretary of War is hereby authorized and directed to amend the military record of any soldier who enlisted for the war with Mexico, upon proper applica- tion, where the rolls and records of the Ad jut ant- General's Office show the charge of desertion against him, when such rolls and records show the facts set out in the following cases: First. That said soldier served faithfully the full term of his enlistment, or having served faithfully for six months or more, and until the fourth day of July anno Domini eighteen hundred and forty-eight, left his command without having received a discharge. Second. That such soldier, after said charge of desertion was entered on the rolls, voluntarily returned to his command within a reasonable time, and served faithfully until discharge. Sec. 6, id. 450. Same Exceptions. The provisions of this act shall not be so construed as to relieve any soldier from the charge of desertion 1 The persons from whose military record there may be a removal of the charge of desertion, under the act of March 2, 1889, chapter 390, are those against whom such a charge is "now standing." Deserters, therefore, whose cases had, at the date of the act, been judicially duly disposed of by trial, conviction, and sentence by court-martial are not within the purview of the statute. (Dig. Opin. J. A. G., p. 421, XVI, a.) A pardon does not operate retroactively, and can not therefore " remove a charge " of desertion. It does not wipe out the fact that the party did desert, nor can it make the record say that he did not desert. It can not change facts of history. (Id., p. 418, XV, A.) The restoration of a deserter to duty without trial does not operate as an acquittal, or relieve the charge of desertion. (Id., p. 423, XVI, E.) For a general discussion of this subject see Digest J. A. G., pp. 420 et seq. MILITARY LAWS OF THE UNITED STATES. 185 who left his command from disaffection or disloyalty to the Gov- ernment, or to evade the dangers and hardships of the service, or whilst in the presence of the enemy (not being sick or wounded), or while in arrest or under charges for beach of military duty, or in case of a soldier of the Mexican war who did not actually reach the seat of war. Sec. 7, id. 451. Same When soldier is to be restored to honorable status. When such charge of desertion is removed under the provisions of this act, the soldier shall be restored to a status of honorable service, his military record shall be corrected as the facts may require, and an honorable discharge shall be issued in those cases where the sol- dier has received none; and he shall be restored to all his rights as to pension, pay, or allowances as if the charge of desertion had never been made; and in case of the 5eath of said soldier, his widow or other legal heir shall be entitled to the same rights as in case of other deceased honorably discharged soldiers. Sec. 8, id. 452. Same No pay while absent. This act shall not be construed to give to any soldier, or his legal representatives or heir, any pay or allowance for any period of time he was absent without leave and not in the performance of military duty. Sec. 5, id. 453. Same Limitation. All applications for relief under this act shall be made to and filed with the Secretary of War within the period of three years from and after July first, eighteen hundred and eighty-nine, and all applications not so made and filed within said term of three years shall be forever barred, and shall not be received or considered. Sec. 9, id., 871. (The act of July 27, 1892 (27 Stat, 278), extended the operation of this sec- tion for a period of two years from July 1, 1892. See next paragraph.) 454. Same Time for applications extended. Section nine of the act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico, approved March second, eighteen hun- dred and eighty-nine, is hereby so amended as to remove the limita- tion of time within which applications for relief may be received and acted upon under the provisions of said act. Act of Mar. 2, 1895 (28 Stat. 814). (See remarks following paragraph 453.) 455. Remuster of officers of volunteers. Any person who was duly appointed or commissioned to be an officer of the volunteer service during the war of the rebellion, and who was subject to the muster- ing regulations at the time applied to members of the volunteer service, shall be held and considered to have been mustered into the service of the United States in the grade named in his appointment or commission from the date from which he was to take rank under and by the terms of his said appointment or commission, whether 186 MILITARY LAWS OF THE UNITED STATES. the same was actually received by him or not, and shall be entitled to pay, emoluments, and pension as if actually mustered at that date : Provided, That at the date from which he was to take rank by the terms of his said appointment or commission there was a vacancy to which he could be so appointed or commissioned, and his command had either been recruited to the minimum number required by law and the regulations of the War Department, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned; or if not so performing such duties, then he shall be held and considered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon such duties : Pro- vided further, That any person held as a prisoner of war, or who may have been absent by reason of wounds, or in hospital by reason of disability received in the service in the line of duty, at the date of issue of his appointment or commission, if a vacancy existed for him in the grade to which so appointed or commissioned, shall be entitled to all the benefits to which he would have been entitled under this act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said date : Provided fur- ther, That this act shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty-three, or after that date when the commands of the persons appointed or commissioned were not below the minimum number required by then existing laws and regulations: And pro- vided further, That the pay and allowances actually received for the period covered by the recognition extended under this act shall be deducted from the sums otherwise to be paid thereunder. Sec. 1, Act of Feb. ^4, 1897 (29 Stat. 593). 456. Same Heirs, etc., entitled to arrears of pay, etc. The heirs or legal representatives of any person whose muster into service shall be recognized and established under the terms of this act shall be entitled to receive the arrears of pay and emoluments due, and the pension, if any, authorized by law, for the grade to which recogni- tion shall be so extended. Sec. 2, id. 457. Same Pay received in good faith not to ~be refunded. The pay and allowances of any rank or grade paid to and received by any military or naval officer in good faith for services actually per- formed by such officer in such rank or grade during the war of the rebellion, other than as directed in the fourth proviso of the first section of this act, shall not be charged to or recovered back from such officer because of any defect in the title of such officer to the office, rank, or grade in which such services were so actually per- formed. Sec. 8, id. MILITARY LAWS OF THE UNITED STATES. 187 458. Certificates of service in military telegraph corps. The Sec- retary of War is hereby authorized and directed to prepare a roll of all persons who served not less than ninety days in the operation of military telegraph lines during the late civil war, and to issue to each, upon application, unless it appears that his service was not creditably performed, or to the representatives of those who are dead, suitable certificates of honorable service in the military tele- graph corps of the Army of the United States, stating the service rendered, the length of such service, and the dates, as near as may be, between which such service was performed: Provided, That this law shall not be construed to entitle the persons herein mentioned to any pay, pension, bounty, or rights not herein specifically provided for. Act of Jan. 26, 1897 (29 Stat. 497}. HISTORICAL NOTE. The office of adjutant-general, which had existed during the Government under the Articles of Confederation, was created by section 7 of the act of March 5, 1792 (1 Stat. 241), which made provision for an adjutant who was to do the duty of an inspector; section 3 of the act of May 30, 1796 (id., 483), contained a similar provision for an inspector who was to do the duty of adjutant-general, but who was to continue in service until March 4, 1797, and no longer. Temporary provision seems to have been made for the performance of the duties of the department from March 4, 1797, until May, 1798, when, in anticipation of war with France, an increase of the military establishment was authorized and provision made in section 6 of the act of May 28, 1789 (id., 538), for the appointment of an adjutant-general with the rank and pay of a brigadier-general. Section 14 of the act of March 3, 1799 (id., 749), contained the requirement that the adjutant-general of the Army should be, ex officio, assistant inspector-general, and that deputy inspectors- general should be, ex officio, deputy adjutants-general, and should perform the duties of adjutants-general in the armies to which they mfight be assigned. These officers were disbanded on June 15, 1800, in pursuance of a requirement to that effect contained in the act of May 14, 1800 (2 id., 85). Section 3 of the act of March 16, 1802 (id., 132), provided for an adjutant and inspector of the Army, who was to be taken from the field officers. Section 4 of the act of January 11, 1812 (id., 671), created the office of adjutant-general, with the rank and pay of a brigadier-general, which continued to exist until the close of the war, when it was discontinued in the reduction accomplished by the act of March 3, 1815 (3 id., 224). The duties of the department were again per- formed by officers temporarily detailed for the purpose for a little more than a year, when, by the act of April 24, 1816 (3 id., 297), the temporary establish- ment was made permanent and the strength of the department was fixed at one adjutant and inspector-general (brigadier-general), one assistant adjutant- general (colonel) for each division, and one assistant adjutant-general (major) for each brigade. At the general reduction of 1821 the department was reduced to a single officer an adjutant-general of the Army with the rank of a colonel of cavalry. By section 7 of the act of July 5, 1838 (5 id., 256), two assistant adjutants-general (brevet majors) and four brevet captains were added to the department. By section 6 of the act of June 18, 1846 (9 id., 17), four assistant adjutants-general were added for the period of the existing war; by section 2 of the act of March 3, 1847 (id., 184), one lieutenant-colonel and two brevet captains were authorized under the same restriction as to tenure of office. By section 3 of the act of July 19, 1848 (id., 247), the limita- tion contained in the two acts last cited was removed, and the establishment, as it existed at the close of the war with Mexico, was made permanent; the vacancies were not to be filled, however, until the further order of Congress; but, by section 4 of the act of March 2, 1849 (id., 351), this restriction was re- pealed and the President was authorized to make appointments and promotions in the department as then constituted by law. At the outbreak of the war of the rebellion the department was reorganized, its composition being fixed by the act of August 3, 1861 (12 Stat. 287), at 1 188 MILITARY LAWS OF THE UNITED STATES. brigadier-general, 1 colonel, 2 lieutenant-colonels, 4 majors, and 12 captains. By section 22 of the act of July 17, 1862 (id., 597), 1 colonel, 2 lieutenant- colonels, and 9 majors were added to the establishment, with the requirement that vacancies in the grade of major should thereafter be filled by selections from captains in the Army. By section 10 of the act of July 28, 1866 (14 id., 333), the composition of the department was fixed as follows: One brigadier- general, 2 colonels, 4 lieutenant-colonels, and 13 majors. The grade of cap- tain not being provided for in this enactment was thenceforward discontinued. This statute contained the requirement that vacancies in the oflice of adjutant- general should thereafter be filled by selection from the officers of the de- partment. By section 2 of the act of March 3, 1869 (15 id., 318), promotions and appointments in the department were forbidden until the further order of Congress, but by joint resolution No. 12, of April 10, 1869 (16 id., 53), this statute was suspended in its operation as to vacancies which had existed on March 3, 1869. By the act of March 3, 1873 (17 id., 578), the appointment of 1 major to the department was authorized, and, by the act of March 3, 1875 (18 id., 478), the restriction upon appointments and promotions imposed by the act of March 3, 1869, was removed, and the composition of the depart- ment fixed at 1 brigadier-general, 2 colonels, 4 lieutenant-colonels, and 1.0 majors. By the act of February 28, 1887 (24 id., 434), the grades of rank of the officers constituting the department were rearranged so as to consist of 1 brigadier-general, 4 colonels, 6 lieutenant-colonels, and 6 majors, the vacan- cies created by the act to be filled by promotion according to seniority. By the act of August 6. 1894 (28 id., 234), the number of majors in the department was reduced to 4. By the act of May 18, 1898 (30 id., 419), the appointment of 1 colonel and 1 major was authorized, with the proviso that, upon the muster out of the volunteer forces, no promotions or appointments should be made until the number of officers of the above grades had been reduced to that authorized by the law in force prior to the passage of the act. By section 3 of the act of June 6, 1900 (31 id., 655), the rank of major-general was conferred upon the adjutant-general " during the service of the present incumbent." By section 13 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at 1 adjutant-general with the rank of major-general, until a vacancy shall occur in the office on the expiration of the service of the present incumbent, by retirement or otherwise, and there- after with the rank of brigadier-general, 5 assistant adjutants-general with the rank of colonel, 7 assistant adjutants-general with the rank of lieutenant- colonel, and 15 assistant adjutants-general with the rank of major. A system of details was also established, by the operation of which the permanent com- missioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Adjutant- General's Department. By the act of April 23, 1904, the offices of the Adjutant-General's Depart- ment, except the adjutant-general, and the officers of the Record and Pension Oflice, were constituted a department of the Army to be known as the Military Secretary's Department; the Adjutant General's Office and the Record and Pension Office constituting a bureau of the War Department to be known as the Military Secretary's Office. By the act of March 2, 1907, the name of the Military Secretary's Depart- ment was changed to Adjutant-General's Department and the Military Secre- tary's Office became the Adjutant-General's Office. CHAJPTER THE INSPECTOK-GENEKAL'S DEPARTMENT. Par. The Inspector General' s Department: Composition 459 Expert accountant 460* Duties of Inspector General .... 461 Reports of inspections 462 Par. The Inspector General's Depart- ment Continued. Inspection of Volunteer Soldiers' Homes 463, 463$ Inspector-General of Army to in- spect Soldiers' Home 464 459. Composition. That the Inspector-General's Department shall consist of one Inspector-General with the rank of brigadier- general, four inspectors-general with the rank of colonel, four in- spectors-general with the rank of lieutenant- colonel, and eight inspectors-general with the rank of major: Provided, That all va- cancies created or caused by this section shall be filled, as far as possible, by promotion according to seniority of officers of the In- spector-General's Department. Sec. H, Act of Feb. 8, 1901 (31 Stat. 751}. Upon the occurrence of a vacancy in the grade of colonel in the Inspector-General's Department after the present lieutenant-colonels therein shall have been promoted or retired, such vacancy shall not be filled, and thereafter the number of officers authorized for that department shall be as follows : One inspector-general with the rank of brigadier-general ; three inspectors-general with the rank of colo- nel; four inspectors-general with the rank of lieutenant-colonel, and nine inspectors-general with the rank of major. Act of Mar. #, 1901 (31 Stat. 899}. (The reduction provided for in the act of March 2, 1901, has been accom- plished. For the statutory regulations in regard to details and promotions in the Inspector General's Department, see chapter entitled Staff Departments.) 460. Kxpert accountant. For pay of one expert accountant for the Inspector-General's Department, to be appointed in case of vacancy, by the Secretary of War, two thousand five hundred dol- lars. Act of Feb. n, 1891 (26 Stat. 773} . (This item, contained in an appropriation act, served to authorize the employ- ment of an expert accountant ; the authority has been continued in a similar manner. For the law covering the mileage of the expert accountant see chap- ter entitled Quartermaster Corps under the head "Payments to the Army"). 189 190 MILITABT LAWS OF THE UNITED STATES. 461. Duties of Inspectors General. It shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursements made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the Inspection Department of the Army, or others de- tailed for that purpose: Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. Act of Apr. 00, 18? '4 (18 Stat. 33) . (For the general duties of the Inspector General's Department see A. R., 1913, paragraphs 878-902.) 462. Reports of inspections. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. Sec. 8, Id. (See paragraphs 412 and 413.) 463. Inspections of Volunteer Soldiers' Homes. The Secretary of War shall hereafter exercise the same supervision over all receipts and disbursements on account of the Volunteer Soldiers' Homes as he is required by law to apply to the accounts of disbursing officers of the Army. Act of Mar. 3, 1893 (27 Stat. 653) . (See paragraph 412.) 463J. Same Annual inspection ~by officer of Inspector General's Department. Hereafter, one in each fiscal year, the Secretary of War shall cause a thorough inspection to be made of the National Home for Disabled Volunteer Soldiers, its records, disbursements, management, discipline, and condition, such inspection to be made by an officer of the Inspector General's Department, who shall re- port thereon in writing, and said report shall be transmitted to Con- fress at the first session thereafter. Act of Aug. 18, 1894 (%$ tat. 418). 464. Inspector-General of Army to inspect Soldiers' 9 Home. The Inspector-General of the Army shall, in person, once in each year thoroughly inspect the [Soldiers'] Home, its records, accounts, man- agement, discipline, and sanitary condition, and shall report thereon in writing, together with such suggestions as he desires to make. Sec. 8, Act of Mar. 3, 1883 (22 Stat. 564) - (For the law in regard to the inspection of the Military Prison see paragraph 479 post.) HISTOBICAL NOTE. The Inspector General's Department had existed during the War of the Revo- lution, the office of inspector general having been held by Baron Steuben, whose appointment was approved by Congress in a resolution dated May 25, 1778. During the incumbency of Baron Steuben a system of drill regulations was prepared and introduced, which continued in use until replaced, in part, by the MILITARY LAWS OF THE UNITED STATES. 191 system prepared by Col. Alexander Smyth in 1810, being finally superseded by the drill regulations prepared by Major General Scott in 1821. On June 25, 1788, in conformity to a resolution of Congress of that date, the Inspector's Depart- ment ceased to exist, and the inspection of the troops was conducted for a time by officers of the line detailed for the purpose. By section 4 of the act of April 30, 1790 (1 Stat. 119), the appointment of one inspector was authorized for the establishment created by that enactment. The act of March 5, 1792 (id., 241), merged the duties of the Adjutant and Inspector General's Departments and made provision for an adjutant who was to do the duty of an inspector; section 3 of the act of May 30, 1796 (id., 483), made similar provision for an inspector who was to do the duty of an adjutant. The acts of March 3, 1797 (id., 507), and May 22, 1798 (id., 557), authorized the detail of an officer of the line to perform the duties of inspector general. Section 6 of the act of May 28, 1798 (id., 588), passed in contemplation of war with France, authorized the appoint- ment of an inspector general with the rank of major general, and on July 18, 1798, Gen. Alexander Hamilton was appointed to the vacancy. The temporary military establishment thus authorized, which was never fully completed, was disbanded by the acts of February 20, 1800 (2 id., 7), and May 14, 1800 (id., 85), and the duties of the department were again performed by detail until the office of inspector was created by section 4 of the act of March 16, 1802 (id., 132) ; by sction 3 of the act of April 12, 1808 (id., 481), two brigade inspectors were authorized to be detailed from the line with increased rank ; by the act of December 24, 1811 (id., 669), the office of inspector general (brigadier general) was created and two assistants (lieutenant colonels) were authorized; the duties of the department were defined in regulations approved by the Secretary of War on November 4, 1812. By the act of March 3, 1813 (id., 819), the Adju- tant and Inspector General's Departments were again merged. The act of March 3, 1815 (3 id., 224), fixing the peace establishment, made no express pro- vision for these departments, their duties being performed by officers tempo- rarily detailed for the purpose. By section 10 of the act of April 24, 1816 (id., 297), however, the temporary establishment which had existed since 1815 was made permanent. Provision was also made for an Adjutant and Inspector General of the Army, together with an inspector general to each division and an assistant to each brigade, which were to be filled by detail of officers from the line. At the general reduction of 1821 the Inspector General's Department was recognized and continued by section 6 of the act of March 2, 1821 (id., 615), its composition being fixed at two inspectors general with the rank and pay of colonels of cavalry. By section 4 of the act of August 23, 1842 (5 id., 512), the department was reduced to one officer; the disbanded officer was restored, however, by the act of June 12, 1846 (9 id., 2), and the composition of the de- partment, as thus established, underwent no change until the outbreak of the War of the Rebellion. By section 2 of the act of August 3, 1861 (12 id., 287), five majors were added to the department; by section 4 of the act of August 6, 1861 (id., 318), two colonels were authorized ; and provision for the inspection service of the armies in the field was made by section 10 of the act of July 17, 1862 (id., 299), which authorized the rank and pay of lieutenant colonel of cavalry to be conferred upon the inspectors general of Army corps. By section 11 of the act of July 28, 1866 (14 id., 334), the composition of the department was fixed as follows: Four colonels, three lieutenant colonels, and two majors. Section 6 of the act of March 3, 1869 (15 id., 318), contained the requirement that there should be no promotions or appointments in the staff until otherwise directed by law ; by the acts of June 8, 1872 (17 id., 338), and June 16, 1874 (18 id., 77), promotions were authorized to correct inequalities in the rank of officers of the department. By the act of June 23, 1874 (id., 244), the restriction contained in the act of March 3, 1869, was removed and the strength of the department fixed at one inspector general with the rank of colonel, two inspectors general with the rank of lieutenant colonel, and two inspectors general with the rank of major; au- thority was also conferred for the detail of four officers from the line of the Army for service as assistant inspectors general, who were to receive the mounted pay of their grades, and no appointments were to be made to the gradev. of major until the number of officers in the department had been reduced to five. By the act of December 12, 1878 (20 id., 257), the rank of brigadier general was conferred upon the senior inspector general. By the act of February 5, 1885 (23 id., 297), the composition of the department was fixed as follows: One inspector general (brigadier general), two colonels, two lieutenant colonels, and two majors. It was also provided that the inspector general should be 192 MILITAKY LAWS OF THE UNITED STATES. selected from the officers of the corps, that promotions should be by seniority in the department, and that appointments to the grade of major should be made from the captains in the line of the Army. By the act of July 7, 1898 (30 id., 720), one colonel, one lieutenant colonel, and one major were added to the department under the conditions above set forth. By section 14 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at one inspector general with the rank of brigadier general, four inspectors general with the rank of colonel, four inspectors general with the rank of lieutenant colonel, and eight inspectors gen- eral with the rank of major. A system of details was also established, by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Inspector General's Department. The act of March 3, 1901 (31 Stat. 899), modified the organization prescribed in the act of February 2, 1901, by the insertion of the requirement that, upon the occurrence of a vacancy in the grade of colonel, after the present lieutenant colonels shall have been promoted or retired, the vacancy shall not be filled and thereafter the number of officers authorized for the department shall be as follows: One inspector general with the rank of brigadier general, three in- spectors general with the rank of colonel, four inspectors general with the rank of lieutenant colonel, and nine inspectors general with the rank of major. CHAPTER THE JUDGE ADVOCATE GENERAL'S DEPARTMENT- MILITARY PRISON. Par. Judge Advocate General's Depart- ment i 465-4f3 Organization 465 Number of majors increased .... 466 Promotions, appointments, de- tails 467 Vacancies 468 Acting judge advocates 469 Duties of judge advocates 470 The Judge Advocate General to record court-martial proceed- ings 471 Professor of law at the Military Academy 472 Judge advocates of departments, etc., may administer oaths 473 Military Prison 474^94 Establishment of, at Rock Island, 111 474 Establishment of, at Fort Leaven- worth, Kans 475 Branch prisons 476 Government and control of prison 477 Par. Military Prison Continued. Visitation of prison 478 Examination of accounts, etc ... 479 Officers and attendants 480 Powers and duties of comman- dant 481 Bond of commandant 482 Officers, etc., not to be interested in contracts 483 Officers suffering prisoner to es- cape 484 Soldiers suffering prisoner to es- cape 485 Employment of convicts, pro- ceeds of work 486 Manufacture of military supplies. 487 Conduct of prisoners, remissions. 488 Privileges of prisoners 489 Provisions for prisoners 490 Misconduct of prisoners 491 Forbidden punishments 492 Prisoners subject to Articles of War 493 Clothing at discharge 494 465. Organization. The Judge- Advocate-General's Department 1 shall consist of one Judge- Advocate-General with the rank of brig- adier-general, two judge-advocates with the rank of colonel, three judge-advocates with the rank of lieutenant-colonel, six judge- advocates with the rank of major, and for each geographical de- partment or tactical division of troops not provided with a judge- advocate from the list of officers holding permanent commissions in the Judge-Advocate-General's Department, one acting judge-advocate 1 Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 1874 (18 Stat. 244), were replaced by the act of July 5, 1884 (23 Stat. 113), which merged the Bureau of Military Justice and the corps of judge-advo- cates in the Judge-Advocate-General's Department, created by that statute. 48985 15 13 193 194 MILITARY LAWS OF THE UNITED STATES. with the rank, pay, and allowances of captain mounted. 1 Sec. 15, Act of Feb. 2, 1901 (31 Stat. 751). 466. Number of majors increased. Hereafter the number of majors in said department shall be seven : Provided, That this shall not be so construed as to increase the total number of officers now in the Eegular Army. Act of Mar. 2, 1913 (37 Stat. 708) . 467. Promotions, appointments, details. Promotions in the Judge Advocate-General's Department, as provided in the first section of this act, shall be by seniority up to and including the rank of colonel. Sec. 2, Act of July 5, 1884 (3 Stat. 113). 468. Vacancies. Vacancies created or caused by this Act in the grade of major may be filled by appointment of officers holding commissions as judge-advocate of volunteers since April twenty-first, eighteen hundred and ninety-eight. Vacancies which may occur thereafter in the grade of major in the Judge- Advocate-General's Department shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judge-advocates of volunteers since April twenty-first, eighteen hundred and ninety- eight, or of persons from civil life who at date of appointment are not over thirty-five years of age and who shall pass a satisfactory examination to be prescribed by the Secretary of War. Sec. 15, Act of Feb. 2, 1901 (31 Stat. 751). 469. Acting judge-advocates. Acting judge- advocates provided for herein shall be detailed from officers of the grades of captain or first lieutenant of the line of the Army, who, while so serving, shall continue to hold their commissions in the arm of service to which they permanently belong. Upon completion of a tour of duty, not exceeding four years, they shall be returned to the arm in which com - missioned, and shall not be again detailed until they shall have com- pleted two years duty with the arm of service in which commis- sioned. Id. 470. Duties of judge- advocates. Judge- advocates shall perform their duties under the direction of the Judge-Advocate-General. Sec. 1W1, R. S. (For the executive regulations determining the duties of the Judge-Advocate- General's Department, see Army Regulations, paragraphs 915 to 921, inclusive, 1913. General Order 56, War Department, 1913, places the direction and control of the United States Military Prison, as well as of the prison maintained at Castle Williams, Fort Jay, N. Y., under the Judge-Advocate-General of the Army. ) 471. The Judge-Advocate-General to record Court- Martial pro- ceedings. The Judge-Advocate-General shall receive, revise and cause to be recorded the proceedings of all courts-martial, courts of 1 This section repeals and replaces section 1 of the act of July 5, 1884 (23 Stat 113), in pari materia. MILITARY LAWS OF THE UNITED STATES. 195 inquiry, and military commissions, and perform such other duties as have been performed heretofore by the Judge- Advocate-General of the Army. 1 Sec. 1199, R. S. 472. Professor of law at the Military Academy. The Secretary of War may assign one of the judge- advocates of the Army to be professor of law. Act of June 6, 1874 (18 Stat. 60). (The Secretary of War may assign any officer of the Army as professor of law. See paragraph 1116.) 473. Judge- Advocates of Departments, etc., may administer oaths. Judge-advocates of departments and of courts-martial and the trial officers of summary courts are hereby authorized to ad- minister oaths for the purposes of military justice and for other pur- poses of military administration. Sec. 4, Act of July 27, 1892 (27 Stat. 278). 1 The work done in his office and for which this officer is responsible consists mainly of the following particulars: Reviewing and making reports upon the proceedings of trials by court-martial of officers, enlisted men and cadets, and the proceedings of courts of inquiry ; making reports upon applications for par- don or mitigation of sentences; preparing and revising charges and specifica- tions prior to trial, and instructing judge-advocates in regard to the conduct of prosecutions ; drafting of contracts, bonds, etc. ; as also, for execution by the Secretary of War, of deeds, leases, licenses, grants of rights of way, approval of locations of rights of way, approval of plans of bridges, power dams, and other structures, notices to alter bridges as obstructions to navigation, removal of sunken wrecks, etc. ; framing of bills affecting legislation for the Army, Militia, etc., forms of procedure, etc. ; preparing of opinions upon questions re- lating to the appointment, promotion, rank, pay, allowances, etc., of officers, en- listed men, etc., and to their amenability to military jurisdiction and discipline; upon the civil rights, liabilities, and relations of military persons and the exer- cise of the civil jurisdiction over them; as to cases of death under Act of May 11, 1908 (35 Stat. 108), as amended by the Act of March 3, 1909 (35 Stat. f35) ; upon the employment of the Army in the execution of the laws; upon the discharge of minors, deserters, etc., on habeas corpus; upon the administra- tion of military commands, the care and government of military reservations, militia target ranges, etc., and the extent of the United States and State juris- diction over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the in- terpretations and effect of public contracts between the United States and individuals and corporations; upon the validity and disposition of the varied claims againts the United States presented to the War Department, includ- ing injuries received by employees on public works under Act of May 30, 1908 (35 Stat. 556) ; upon the execution of public works under appropriation by Congress; upon obstructions to navigation as caused by bridges, dams, locks, piers, harbor lines, etc., upon the riparian rights of the United States and of States and individuals on navigable waters, etc.; and the furnishing to other departments of the Government of statements and information apposite to claims therein pending; as to the application of the eight-hour law (Act of Aug. 1, 1892, 27 Stat. 340), as amended by the Act of March 3, 1913 (37 Stat. 726), to the various classes of work, under the several bureaus of the War Department, including river and harbor improvements ; rewards for the appre- hension and delivery of deserters; and to furnishing to individuals under the 114 Article of War copies of their records of trial by general courts-martial. The matter of the submitting to the Judge-Advocate-General of applications for opinions is regulated by paragraph 915, Army Regulations, 1913. By General Order 56, War Department, 1913, the Judge-Advocate-General of the Army is given charge, under the Secretary of War, of the direction and control of the United States Military Prison and of the prison maintained at Castle Williams, Fort Jay, N. Y. 196 MILITAEY LAWS OF THE UNITED STATES. MILITARY PRISON. 474. Military prison Establishment of, at Rock Island, III. There shall be established at Rock Island, in the State of Illinois, a prison for the confinement and reformation of offenders against the rules and regulations, and laws for the government of the Army of the United States, in which shall be securely confined, and employed at labor, and governed in the manner hereinafter directed, all of- fenders convicted before any court-martial or military commission in the United States, and sentenced according to law to imprison- ment therein. Sec. 1344, R> & 475. Establishment of at Fort Leavenworth, Kans. That said act be, and the same is hereby, so amended that all acts and things therein required to be done and performed at Rock Island, in the State of Illinois, shall be done and performed on the military reservation at Fort Leavenworth in the State of Kansas: Provided, That the Gov- ernment buildings now on said military reservation at Fort Leaven- worth shall be modified and used so far as practicable for the pur- poses of said prison. Act of May 21, 1874 (18 Stat. 48) . 476. Branch prisons. Hereafter any military prison that the Secretary of War may designate for the confinement of general pris- oners for whom there is no room at the United States Military Prison at Fort Leavenworth, Kansas, or whom it is impracticable to send there, shall be regarded as a branch of the said United States Military Prison and equally with it shall be subject to the laws relating thereto, including chapter six, title fourteen, of the Revised Statutes. Act of Mar. 2, 1907 (34 Stat. 1169}. 477. Government and control of prison. Hereafter the govern- ment and control of the United States Military Prison shall, under the Secretary of War, be vested in the Board of Commissioners of the United States Soldiers' Home, which board shall consist as at present of the Surgeon-General, the Commissary-General, the Adju- tant-General, the Quartermaster-General, the Chief of Engineers, the Judge- Advocate-General, and the Governor of the Home, and the president of said board, who shall be the senior in rank of the mem- bers thereof, shall submit annually to the Secretary of War, for trans- mission to Congress, a full statement of the financial and other affairs of both the home and the prison for the preceding fiscal year. Act of March 4, 1909 (35 Stat. 1004). (This statute transfers the control of the United States Military Prison from the board of government established by General Orders 205, War Department, 1905, to the Board of Commissioners of the United States Soldiers' Home, and changes the personnel of the latter by making the Chief of Engineers a perma- nent member of the board. Under the provisions of General Orders 56, War Department, September 17, 1913, the Judge-Advocate-General of the Army, un- der the Secretary of War, is charged with the direction and control of the prison.) MILITARY LAWS OF THE UNITED STATES. 197 478. Visitation of prison. The Secretary of War shall, with said commissioners, annually, and as much oftener as may be deemed ex- pedient, visit said prison for the purposes of examination, inspection, and correction; and they shall inquire into all abuses or neglects of duty on the part of the officers or other persons in charge of the same, and make such changes in the general discipline of the prison as they may hold to be essential. Sec. 1346, R.. S., as amended by Act of Jan. 19,1891 (26 Stat. 722). 479. Examination of accounts, etc. One of the inspectors general of the Army shall, at least once in each year, visit the prison for the purpose of examining into the books and all the affairs thereof, and ascertaining whether the laws, rules, and regulations relating thereto are complied with, the officers are competent and faithful, and the convicts properly governed and employed, and at the same time treated with humanity and kindness. And it shall be the duty of the inspector, at once, to make full report thereof to the Secretary of War. Sec. 1348, R. S., as amended ~by the Act of Jan. 19, 1891 (26 Stat.722). 480. Officers and attendants. The officers of the prison shall con- sist of a commandant and such subordinate officers as may be neces- sary, a chaplain, a surgeon, and a clerk, who shall be detailed by the Secretary of War from the commissioned officers of the Army ; and a sufficient number of enlisted men shall be detailed by the Secretary of War to act as turnkeys, guards, and assistants in prison. Sec. 1347, R. S. 481. Powers and duties of commandant. The commandant shall have command of the prison ; shall have the charge and employment of the prisoners, and the custody of all the property of the Govern- ment connected with the prison. He shall receive and pay out all the money used for the prison, and shall cause to be kept, in suitable books, complete accounts of all the property, expenses, income, busi- ness, and concerns of the prison; and shall make full and regular reports thereof to the Secretary of War. Sec. 1350, R. S. 482. Bond of commandant. Before the commandant enters upon the duties of his office he shall give bond, with sufficient sureties, in a sum to be fixed by the Secretary of War, to be approved by him, con- ditioned that he shall faithfully account for all money placed in his hands for the use of the prison and for the faithful discharge of all his duties as commandant. Sec. 1349, R. S. 483. Officers, etc., not to be interested in contracts. No officer of the prison, or other person connected therewith, shall be concerned or interested, directly or indirectly, in any contract, purchase, or sale made on account of the prison. Sec. 1358, R. S. 484. Officers suffering prisoner to escape. Any officer who shall suffer a convict to escape, or shall in any way consent to his escape, 198 MILITABY LAWS OF THE UNITED STATES. or shall aid him to escape, or in an attempt to escape, shall be dis- missed from the service, and suffer such other punishment as a court- martial may inflict. Sec. 1359, R. S. 485. Soldiers suffering prisoner to escape. Any soldier or other person employed in the prison who shall suffer a convict to escape, or shall in any way consent to his escape, or shall aid him to escape, or in an attempt to escape, shall, upon conviction by a court-martial, be confined therein not less than one year. Sec. 1360, R. S. 486. Employment of convicts, proceeds of work. The commandant shall, under the direction and with the approval of the Secretary of War, employ, for the benefit of the United States, the convicts at such labor and in such trades as may be deemed best for their health and reformation. He shall have power to sell and dispose of any articles manufactured by the convicts, and shall regularly account for the proceeds thereof, and shall give bond and security for the faith- ful keeping and accounting of all moneys and property coming to his hands as such commandant. Sec. 1351, R. S.. 487. Manufacture of military supplies. The Secretary of War shall cause to be fabricated at the said prison such supplies for the Army as can be economically and properly manufactured at the said prison. Act of Mar. 3, 1879 (W Stat. 389). 488. Conduct of prisoners, remissions. The commandant shall take note and make record of the good conduct of the convicts, and shall shorten the daily time of hard labor for those who, by their obedience, honesty, industry, or general good conduct, earn such favors; and the Secretary of War is authorized and directed to remit, in part, the sentences of such convicts, and to give them an honorable restoration to duty in case the same is merited. Sec. 1352, R. S. (See in relation to the reenlistment of certain men, paragraph 1052.) 489. Privileges of prisoners. The use of newspapers and books shall not be denied the convicts at times when not employed: and unofficial visitors shall be admitted to the prison under such restric- tions as the board of commissioners may impose. The prisoners shall not be denied the privilege of communicating with their friends by letter, and from receiving like communications from them, all of which shall be subject to the inspection of the commandant, or such officer as he may assign to that duty. Sec. 1356, R. S. 490. Provisions for prisoners. The prisoners shall be supplied with ample and clean bedding, and with wholesome and sufficient food, but when in hospital or under discipline their diet shall be pre- scribed by the proper authority. The prison shall be suitably venti- lated, and each prisoner shall have a weekly bath of cold or tepid water, which shall be applied to the whole surface of the body, unless MILITARY LAWS OF THE UNITED STATES. 199 the surgeon shall direct otherwise for the health of the prisoner. Sec. 1357, R. S. 491. Misconduct of prisoners. In case any convict shall disobey the lawful orders of the officers of the prison, or refuse to comply with the rules and regulations thereof, he may be placed in solitary confinement, and the commandant shall at once report the case to the Secretary of War, who shall direct the inspector to make full examination and report of the matter at the next inspection. Sec. 1353, R. S. 492. Forbidden, punishment. In no case shall any prisoner be subjected to whipping, branding, or the carrying of weights for the purpose of discipline, or for producing penitence. Sec. 135%,, R. S. 493. Prisoners subject to articles of war. All prisoners under confinement in said military prisons undergoing sentence of courts- martial shall be liable to trial and punishment by courts-martial under the rules and articles of war for offenses committed during the said confinement. Sec. 1361, R. S. 494. Clothing at discharge. Every prisoner, upon being dis- charged from prison, shall be furnished with decent clothing. Sec. 1355, R. S. (For a number of years the appropriations act for the Army has contained annually an item authorizing a donation of $5 to each dishonorably discharged prisoner upon his release from confinment under court-martial sentence involv- ing dishonorable discharge, and one authorizing the issue to a man under similar conditions a suit of citizen's outer clothing, to cost not exceeding $10; also one authorizing transportation on discharge of prisoners confined at the United States Military Prison to their homes or elsewhere as they may elect, provided the cost is not greater than that to the place of last enlistment.) HISTORICAL NOTE. The office of Judge Advocate of the Army was created during the War of the Revolution, having been established by resolution of Congress of July 25, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 29 of the same year. In the reenactment of the articles, in 1776, this officer was styled the Judge Advocate General of the Army and was empowered to prose- cute in the name of the United States or to conduct such prosecutions by dep- uty. The office of judge advocate ceased to exist at the disbandment of the Revolutionary Armies, but was revived by section 2 of the act of March 3, 1797 (1 Stat, 507), which made provision for a judge advocate, to be taken from the commissioned officers of the line, who was to receive the same pay and allowances as the brigade major (adjutant) and inspector therein authorized. This office, with other offices in the General Staff, was discontinued by the act of March 16, 1802 (2 id., 132). Section 19 of the act of 1812 (id., 674), passed in contemplation of war with England, made provision for one judge advocate, with the rank of major, to each division, and this number was increased to three by section 2 of the act of April 24, 1816 (3 id., 397). At the reduction of 1818 these officers were disbanded (act of April 14, 1818, 3 id., 426), and the office of Judge Advocate of the Army was discontinued by the act of March 2, 1821 (id., 615). By section 4 of the act of March 3, 1849 (9 id., 351), the office of Judge Advo- cate of the Army was reestablished, with the rank and pay of major of Cavalry. By section 5 of the act of July 17, 1862 (12 id., 598), the office of Judge Advo- cate General was created, with the rank and pay of brigadier general ; by this enactment the duties of the office were defined. By section 5 of the same statute provision was made for a Corps of Judge Advocates, one of whom was to be 200 MILITARY LAWS OF THE UNITED STATES. assigned to duty at the headquarters of each army in the field. By section 5 of the act of June 20, 1864 (13 id., 145), the Bureau of Military Justice was established, to which the Judge Advocate General was transferred, and an Assistant Judge Advocate General, with the rank of colonel of Cavalry, was authorized. By section 12 of the act of July 28, 1866 (14 id., 334), the compo- sition of the department was fixed at one Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), and ten judge advo- cates were added to the military establishment, who were to be selected by the Secretary of War from the Corps of Judge Advocates authorized by the act of July 17, 1862. By this statute the office of Solicitor of the War Department was discontinued, the duties of the oflice being marged in the Bureau of Military Justice. By section 3 of the act of March 3, 1869 (15 Stat, 318), all appoint- ments and promotions in the several departments of the staff were prohibited until otherwise directed by law ; but this restriction was removed, as to the Bureau of Military Justice, by the act of April 10, 1869 (16 id., 44), which fixed the number of judge advocates at eight. By section 2 of the act of June 23, 1874 (18 id., 244), the office of Assistant Judge Advocate General was dis- continued, and it was provided that there should be no appointments to the grade of major until the number of officers of that grade had been reduced to four. By the act of July 5, 1884 (23 id., 113), the Bureau of Military Justice and the Corps of Judge Advocates were consolidated and merged in the Judge Advocate General's Department, the composition of which was fixed as follows : One Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), three deputy judge advocates general (lieutenant colonels), and three judge advocates (majors). Promotion to the grade of colonel was to be by seniority, and provision was made for the detail of officers of the line as judge advocates of military departments, who were to have, while so serving, the rank and pay of captains mounted. By section 15 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at one Judge Advocate General with the rank of brigadier general, two judge advocates with the rank of colonel, three judge advocates with the rank of lieutenant colonel, and six judge advocates with the rank of major. The system of details of officers of the grade of cap- tain or first lieutenant to serve as acting i'ldge advocates and, while so serving, to have the rank, pay, and allowances of captains mounted, as established by the act of July 5, 1884 (23 Stat., 113), was recognized and continued. By the act of March 2, 1913 (37 id., 708), the number of majors was in- creased to seven. CHAPTER THE QUARTERMASTER CORPS. Par. The Quartermaster, Subsistence, and Pay Departments consoli- dated 495-506 Organization. 495 Same six officers to be pro- moted to grade of major 496 Same restrictions as to details to fill vacancies 497 Same duties of regimental bat- talion and squadron quarter- masters and commissaries, etc. 498 Same duties of, extended so as to include receipting for money and property 499 Same duties of officers of Quar- termaster Corps 500 Same Chief of Quartermaster Corps to have rank of major general 501 Same vacancy in grade of brig- adier general not to be filled. . 502 Same subject to supervision of Chief of Staff 503 Same immediate appointment of Chief of Quartermaster Corps 504 Same civilian employees to be replaced by enlisted men 505 Same decrease in enlisted men. 506 The Quartermaster's Department 507-578 Organization 507 Same increase in number 508 Promotions, transfers,and details. 509 Details 510 Same to be made from grade in which vacancy exists 511 Vacancy in office of storekeeper not to be filled 512 Military storekeeper on duty at White House 513 Post quartermaster sergeants 514 Duties... . 515 Par. The Quartermaster's Department Continued. Supplies, purchase of, kind and amount to be prescribed by Secretary of War 516 Same for naval and marine de- tachments 517 Post exchange, use of public buildings and transportation for 518 Officers not to be interested in purchases or sales for depart- ment 519 Payment of subscriptions to newspapers, etc., in advance.. 520 Sale of surplus ice, electric cur- rent, etc., from Government plants where no competition. . 521 Proceeds of sales of serviceable supplies to remain available through fiscal year following sale 522 Disbursing officers authorized to pay pressing obligations from total available balance where insufficient balance provided the apportionment has been made 523 Transportation of troops .-. 524 Same preference to be given over other traffic in time of actual or threatened war 525 Same of baggage in excess of allowances, reimbursement for 526 Same officers' private mounts, reimbursement for cost of transportation 527 Same use of transparts, re- strictions, Navy, Marine Corps, etc 528 201 202 MILITARY LAWS OF THE UNITED STATES. Par. The Quartermaster's Department Continued. Same officers, etc., of Revenue- Cutter Service, and secretaries and supplies of Army and Navy department of Y. M. C. A 529 Same merchandise of American production to residents, etc., of island of Guam 530 Same-^over land-grant and bond- aided railroads 531 Same property for Government surveys, national museums, etc . 532 Same to use means of herein provided 533 Taking and use of vessels as cruisers or transports; pay- ment 534 Purchase or hire of vehicles, etc., for official, military and gar- rison purposes 535 Transports, Army, equipment of with lifeboats and rafts 536 Purchase of animals 537-544 Purchase of draft animals, re- strictions 537 Same limited to number actu- ally required for the service. . 538 Same horses, for Cavalry, Artil- lery, etc., restrictions 539 Same--to be limited to actual needs of the service 540 Same open market purchases at military posts, etc., at maxi- mum price fixed by Secretary of War 541 Same including horses for serv- ice schools, staff colleges, etc.. 542 Same not to take part in horse shows or horse races 543 Veterinarians, employment of for animals not connected with the Cavalry and Artillery 544 Barracks and quarters 545-556 Barracks and quarters, construc- tion of permanent 545 Limit of cost 546 Same 447 Shelter in the Philippine Islands. 548 Par. Barracks and Quarters Contd. Same for Seacoast Artillery, limitation on cost 549 Quarters for hospital stewards, Secretary of War to designate posts at which to be con- structed 550 Quarters in kind to officers 551 Same officers temporarily ab- sent not to lose right toJ 552 Shooting galleries and ranges 553 Fuel and forage allowance 554 Fuel allowance limited to actual personal necessities 555 Heat and light allowance, lim- ited to that actually necessary for authorized allowance of quarters 556 Forage 557-561 Forage, no discrimination against officers serving east of Missis- sippi River 557 Horses owned by officers ordered to duty beyond seas, etc., to be purchased by the Government. 558 Same not to be deprived of forage, bedding, shoeing, or shelter, etc 559 Same not to be deprived of when officer is separated from through nature of his military service 560 Same transportation may be furnished for, from point of purchsae to point of officer's station 561 Extra-d uty pay rates 562 Same 563 Same extra pay not to be paid to soldier receiving 564 Extra-duty, details to be in writing 565 Same details in field only with consent of commanding officer . 566 Same in war time, no addi- tional compensation for 567 Same not entitled to, while re- ceiving the 20 per centum increase 568 Civilian employees, restriction on employment 569 Same . 570 MILITARY LAWS OF THE UNITED STATES. 203 Par. Clothing 571-578 Clothing, President to" prescribe uniform 571 Same gratuitous issue of 572 Same quarterly returns of 573 Same allowance of 574 Same balance payable at dis- charge 575 Same to be paid out of appropri- ation for pay of Army for the then current fiscal year 576 Same altering 577 Same limit of cost 578 Subsistence Department 580-612 Organization 580 Same promotions and details . . 581* Same details 582 Same details, grade 583 Same p o s t commissary ser- geants 584 Same increase in number of . . . 585 Duties to make purchases and issues 586 Same sales to officers and en- listed men 587 Same sales to officers and en- listed men of Marine Corps... 588 Same sales of exceptional ar- ticles 589 Same issues to seamen and marines 590 Same purchasing officers not to trade in articles of subsistence . 591 Same may keep, at their own risk, in their personal posses- sion, restricted amounts for disbursement 592 Ration, President to prescribe components : 593 Same special for soldiers re- covering from ill health, etc. . 594 Same emergency, when issued, to be in addition to regular. . . 595 Same enlisted men to receive per day 596 Same no enlisted man to re- ceive more than one per day. . 597 Same hospital matrons, mem- bers of Female Nurse Corps, and nurses employed in post and regimental hospitals, one 598 Par. Subsistence Department Contd. Same President may authorize issuance of, to Indians at mili- tary posts 599 Same of sugar and coffee, when issued in kind, to be issued weekly 600 Same may be commuted to ex- tract of coffee 601 Same commutation of 602 Same to be made at cost 603 Same to another bureau or de- partment 604 Same of rations to officers in field 605 Same of tobacco to enlisted men 606 Same to be immediately avail- able 607 Same statement of proceeds not to be reported to Secretary of Treasury 608 Same proceeds of sales of, dis- position of 609 Line officers shall superintend cooking for enlisted men 610 Commutation of rations to en- listed men on furlough, etc 611 Same for members of Female Nurse Corps, etc 612 Pay Department 613-727 Organization 613 Same additional 614 Same service to be temporary.. 615 Same promotions and trans- fers 616 Same details 617 Same 618 Duties 619-624 Same of Paymaster General... 619 Same Deputy Paymaster Gen- eral 620 Same paymasters 621 Same to disburse all money for pay of Army 622 Same examination of accounts of paymasters 623 Same right to command 624 Payment of enlisted men 625-628 Same arrears shall not exceed two months. . . 525 204 MILITARY LAWS OF THE UNITED STATES. Par. Payment of enlisted men Continued. Same rule for division of time amd computation of 626 Same by check 627 Same to militia from appropri- ation for militia 628 Paymasters' clerks 629-634 Same authorization for 629 Same pay same as Navy pay- masters' clerks 630 Same mileage same as that for officers of Army 631 Same age for retirement same as that for officers of Army 632 Same no further appointments of, to be made 633 Same subject to the Rules and Articles of War 634 Pay of commissioned officers 635-651 Rates of pay 635 Same militia and volunteers. . . 636 Same officers below grade of major who provide suitable mounts 637 Same no increase on account of brevet rank 638 Same increased for exercising higher command 639 Same restrictions as to period covered by higher command . . 640 Same authority for accounting officers to remove stoppages in settlement of claims for 641 Same increase for foreign serv- ice 642 Same 643 Same not to apply to Canal Zone, Panama, Hawaii, or Porto Rico 644 Same applies to transport serv- ice in the Philippine Ar- chipelago 645 Same additional pay for acting commissaries repealed 646 Assignment or transfer of pay accounts 647 Same payment by check to be full acquittance 648 Advances of pay 649 Advances to troops embarking" for service in Philippines 650 Allowances, restrictions as to 651 Par. Longevity pay 652-657 Same 10 per centum increase for each term of five years of service 652 Same total increase not to ex- ceed 40 per centum of yearly pay 653 Same maximum for colonel, lieutenant colonel, and major. 654 Same service as officer in volun- teers or enlisted man in armies to be counted 655 Same service in Navy to be counted 656 Same service of cadet subse- quent to act not to be counted . 657 Pay of retired officers 658-660 Same receive 75 per centum of pay of rank 658 Same not to receive longevity pay 659 Same wholly retired 660 Pay during absence 661-667 Same absence on account of sickness, wounds, etc 661 Same leave on full pay 662 Same dates of commencement and termination of 663 Same officers appointed from Volunteer to Regular Army entitled to accrued leave 664 Same to be absent from Philip- pines. 665 Same no officer or enlisted man absent on account of disease resulting from intemperate habits or misconduct are en- titled to.... 666 Same pay forfeited during ab- sence without leave 667 Commutation of quarters, rate.. 668 Same officer who is member of Board of Road Commissioners living in Alaska 669 Same no claim for quarters for servants 670 Same duty without troops 671 Same not to lose right on ac- count of temporary absence 672 Same military attaches, etc., entitled to 673 Officers to receive monthly pay- ments... . 674 MILITARY LAWS OF THE UNITED STATES. 205 Par. Travel allowances 675-689 Mileage to be computed over shortest route 675 Same to be computed by table of distances 676 Same orders involving payment of, to state duty 677 Same rate fixed at 7 cents per mile 678 Same where station is changed while on leave of absence 679 Same traveling expenses in lieu of, on instruction journeys. 680 Actual expenses for contract and dental surgeons in Alaska 681 Actual expenses only for sea travel 682 Same on discharge 683 Travel allowances on discharge, except as punishment 684 Transportation in kind, on re- quest 685 Travel over bond-aided roads. . . 686 Same deduction 687 Mileage, restrictions upon ex- penditure of appropriation for, on inspections and investiga- tions ".... 688 Disbursements to be made by the Quartermaster Corps 689 Stoppages of pay 690-694 Repairs to arms, etc 690 Deficiency in articles of military supplies 691 Rations, etc., purchased on credit 692 Arrearages due United States 693 Same when admitted or shown by judgment of court 694 Pay of enlisted men 695-712 Rates of pay of master electri- cians, noncommissioned offi- cers, etc 695 Same Indian scouts 696 Same mess sergeants, corporals, mechanics, etc 697 Same blacksmiths, farriers, pri- vates, etc 698 Same marksmen, classifications of... . 699 Par. Pay of enlisted men Continued. Same number of gun pointers, etc., not to be increased 700 Same enlisted men of bands 701 Same not to be construed as to reduce that of any officer or enlisted man 702 Same horseshoer 703 Detachments at recruiting sta- tions and prisons pay and allowances of 704 Same increase in time of war. . 705 Same bonus for reenlistment. . . 706 Same retained pay 707 Same continuous service 708 Same commissioned service in volunteer organizations to be counted as 709 Same commissioned service in Philippine Scouts to be counted as 710 Same allotments of 711 Same credit to disbursing of- ficers for payment of 712 Pay of retired enlisted men 713-715 Period and computation of time for retirement 713 Retired enlisted men additional allowances to 714 Allowances of retired enlisted men, cash payment in lieu of. 715 Deposits by enlisted men 716-718 Method of making and keeping. 716 Same to bear interest 717 Same Secretary of War to pre- scribe regulations for 718 Certificates of merit 719 Pay during absence 720 Same during captivity 720 Travel pay on discharge 721 Stoppages and deductions 722-727 Deductions for Soldiers' Home abolished 722 Laundry, etc., for recruits at depots. 723 Tobacco, deduction of amount due for 724 Subsistence stores, credit sales.. 725 Assignment of pay forbidden 726 Detained pay appropriation from which payable 727 206 MILITARY LAWS OF THE UNITED STATES. 495. Organization. The office establishments of the Quartermaster General, the Commissary General, and the Paymaster General of the Army are hereby consolidated and shall hereafter constitute a single bureau of the War Department, which shall be known as the Quarter- master Corps, 1 and of which the Chief of the Quartermaster Corps created by this act shall be the head. The Quartermaster's, Subsistence, and Pay Departments of the Army are hereby consolidated into and shall hereafter be known as the Quartermaster Corps of the Army. The officers of said departments shall hereafter be known as officers of said corps and by the titles of the rank held by them therein, and, except as hereinafter specifically provided to the contrary, the pro- visions of sections twenty-six and twenty-seven of the act of Congress approved February second, nineteen hundred and one, entitled "An act to increase the efficiency of the permanent military establishment of the United States," are hereby extended so as to apply to the Quartermaster Corps in the manner and to the extent to which they now apply to the Quartermaster's, Subsistence, and Pay Depart- ments, and the provision of said sections of said act relative to chiefs of staff corps and departments shall, so far as they are applicable, apply to all offices and officers of the Quartermaster Corps with rank above that of colonel. The officers now holding commissions as officers of the said departments shall hereafter have the same tenure of commission in the Quartermaster Corps, and as officers of said corps shall have rank of the same grades and dates as that now held by them, and, for the purpose of filling vacancies among them, shall constitute one list, on which they shall be arranged according to rank. So long as any officers shall remain on said list any vacancy occurring therein shall be filled, if possible, from among such officers, by selec- tion if the vacancy occurs in a grade above that of colonel, and, if the vacancy occurs in a grade not above that of colonel, by the pro- motion of an officer who would have been entitled to promotion to that particular vacancy if the consolidation of departments hereby prescribed had never occurred : Provided, That on and after the first day of January, nineteen hundred and seventeen, any vacancies oc- curring among officers of the Quartermaster Corps with rank above that of colonel may, in the discretion of the President, be filled by selection from among officers who shall have served by detail in said corps for not less than four years. Sec. 3 Act of Aug. &, 1912 (37 Stat.591). 1 The Quartermaster Corps provided for by section 3 of the Army appropria- tion act of August 24, 1912 (37 Stat. 591), came into legal existence on the date of the approval of the act to the extent that no detail to the grade of captain can be made thereto until the number of officers of that grade in said corps has been reduced below the authorized consolidated strength of 102. (Bulletin No. 20, Dig. Opin. J. A. G., Oct. 19, 1912.) MILITARY LAWS OF THE UNITED STATES. 207 496. Same six officers to ~be promoted to grade of major. That not to exceed six officers holding commissions with the rank of cap- tain * in the Quartermaster Corps and who have lost in relative rank through irregularities of promotion and the operation of separate promotion within the three departments hereby consolidated, may, in the discretion of the President and subject to examination for promo- tion as prescribed by law, be advanced to the grade of major in the Quartermaster Corps, and any officer who shall be advanced to said grade under the terms of this proviso shall be temporarily an addi- tional officer of said grade but only until a vacancy shall occur for him on the list of officers of said grade as hereafter limited ; and no officer shall be detailed to fill any vacancy on the list of majors of the Quartermaster Corps until after all additional officers authorized by the proviso shall have been absorbed. The noncommissioned officers now known as post quartermaster sergeants and post commissary ser- geants shall hereafter be known as quartermaster sergeants; the Army paymaster's clerks shall be known as pay clerks, and each of said noncommissioned officers and pay clerks shall continue to have the pay, allowances, rights, and privileges n'ow allowed him by law. Sec. 3, id. 497. Same Restrictions as to details to fill vacancies. That no de- tails 2 to fill vacancies in the grade of colonel in the Quartermaster 1 Held, that such provisions of said section 3 as became operative without executive action went into effect immediately upon the passage of the act and therefore that the new designation given to officers by the act should be used in referring to the officers of the consolidated corps, and that the details to the consolidated corps or to any of the bureaus composing it could not be made or become effective until the number of officers in the consolidated corps had been reduced to the number authorized by the law. Held further, that the expression in the portion of the act above quoted requiring the Chief of the Quartermaster Corps to put the provisions of such section into effect "not less than sixty days after the passage" of said act, defines a period of limitation before which the provisions of the act requir- ing executive action can not be carried into effect, and that therefore the ad- vancement of not to exceed six captains holding commission in the Quartermas- ter Corps to the grade of major as authorized by the act, not taking effect by operation of the law, but requiring executive action, must be postponed to the end of the sixty-day period. (Bulletin No. 20, Dig. Opins. J. A. G., Oct. 19, 1912.) 2 Held, that the provisions of said section regarding details to the Quarter- master Corps became effective immediately upon the passage of the act, and that thereafter no details to the consolidated corps or to its constituent parts could be made to fill vacancies occurring therein, until the prescribed reduction in the number of officers therein had been accomplished. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) Held, that there being no captain on the permanent list of officers of the former Pay Department, the senior captain permanently belonging to the Quar- termaster Corps may at the proper time be promoted to fill the vacancy in question, but that his right to promotion can not be held to antedate the time at which section 3 of the act of August 24, 1912, supra, which made the position available for him, becomes administratively effective. Held further, that the advancement of the six captains for which special pro- vision is made in section 3 of the act of August 24, 1912, must be deferred until the date when the said section is put into administrative effect, and that the rank of said officers as majors in the Quartermaster Corps can not antedate the latter date. Id. 208 MILITARY LAWS OF THE UNITED STATES. Corps shall be made until the number of officers of that grade shall have been reduced by three, and thereafter the number of officers in that grade shall not exceed twelve ; and no details to fill vacancies in the grade of lieutenant-colonel in the Quartermaster Corps shall be made until the number of officers of that grade shall have been re- duced by three, and thereafter the number of officers of that grade shall not exceed eighteen ; and no details to fill vacancies in the grade of major in .the Quartermaster Corps shall be made until the number of officers of that grade shall have been reduced by nine, and there- after the number of officers in said grade shall not exceed forty-eight ; and no details to fill vacancies in the grade of captain in the Quarter- master Corps shall be made until after the number of officers of that grade shall be reduced by twenty-nine, and thereafter the number of officers of said grade shall not exceed one hundred and two; and whenever the separation of a line officer of any grade and arm from the Quartermaster Corps shall create therein a vacancy that, under the terms of this proviso, can not be filled by detail such separation shall operate to make a permanent reduction of one in the total num- ber of officers of said grade and arm in the line of the Army as soon as such reduction can be made without depriving any officer of his commission. Sec. 3, id. 498. Same Duties of regimental, battalion and squadron quarter- masters and commissaries, etc. That whenever the Secretary of War shall decide that it is necessary and practicable, regimental, battalion, and squadron quartermasters and commissaries shall be required to perform any duties that junior officers of the Quartermaster Corps may properly be required to perform, and regimental and battalion quartermaster and commissary sergeants shall be required to per- form any duties that noncommissioned officers or pay clerks of the Quartermaster Corps may properly be required to perform, but such regimental, battalion, and squadron quartermasters and commissaries shall not be required to receipt for any money or property which does not pertain to their respective regiments, battalions, or squad- rons, and they shall not be separated from the organization to which the}^ belong. See 3, id. 499. Same Duties of, extended so as to include receipting for money and property. That regimental, battalion, and squadron quartermas- ters and commissaries shall hereafter be required to perform the duties of officers of the Quatermaster Corps, 1 including the receipting for 1 Held, that although the clause " whenever the Secretary of War shall decide that it is necessary and practicable regimental, battalion, and squadron quar- termasters and commissaries shall be required to perform any duties that junior officers of the Quartermaster Corps may properly be required to perform," is affirmative in form, its effect is prohibitive as well as affirmative; that, giving the broadest application to the implied prohibition, it would serve to forbid the detail of any officers except those specifically mentioned in the clause to perform duties that officers of the Quartermaster Corps may properly be MILITARY LAWS OF THE UNITED STATES. 209 any money or property pertaining to said corps, when no officer of the Quartermaster Corps is present for such duties, and nothing con- tained in the Army appropriation act approverd August twenty- fourth, nineteen hundred and twelve, shall hereafter be held or con- strued so as to prevent competent authority from requiring any officers of the Army to act temporarily as quartermasters wherever there shall be no officers of the Quartermaster Corps, and no regi- mental, battalion, or squadron quartermasters or commissaries present for such duty. Act of Mar. 2, 1913 (37 Stat. 706) . 500. Same Duties of officers of Quartermaster Corps. That such duty or duties as are now required by law to be performed by any officer or officers of the Quartermaster's, Subsistence, or Pay Depart- ments shall hereafter be performed by such officer or officers of the Quartermaster Corps as the Secretary of War may designate for the purpose. Sec. 3, Act of Aug. $4, 1912 (37 Stat. 591}. 501. Same Chief of Quartermaster Corps to have rank of major general. That there shall be a Chief of the Quartermaster Corps, who shall have the rank of major general while so serving, and who required to perform, but that, as the affirmative provision relates only to officers belonging to branches of the Army which have a regimental, battalion, or squadron organization, the implied prohibition should be construed as relating only to the same branches; that the legislation under consideration does not affect the availability of any officers for Quartermaster Corps duty except those belonging to the mobile branches of the line of the Army, and, therefore, all officers, except those belonging to the mobile branches of the line, may con- tinue hereafter, as heretofore, to be employed upon Quartermaster Corps duties, including the duties of post quartermasters, when their employment is necessary to supplement the services of the personnel of the Quartermaster Corps; that regimental, battalion, and squadron quartermasters and commissaries may, under the specific terms of this legislation, be required to perform any duties that may properly be required of junior officers of the Quartermaster Corps, including the duties of post quartermasters, provided such officers be not re- quired to receipt for money or property not pertaining to their respective organi- zations and are not separated therefrom; that officers commissioned in the mobile branches of the line of the Army, but detached therefrom under the pro- visions of law and replaced in their respective branches under the provisions of section 27 of the act of February 2, 1901 (31 Stat. 755), may, as occasion arises, be required to perform Quartermaster Corps duties properly incident to the duties for the performance of which they are detached, but may not be detached for the purpose of assigning to them duties pertaining to the Quarter- master Corps; and that all other officers of the mobile branches of the line of the Army are within the implied prohibiton of the new statute and may not be charged with Quartermaster Corps duties. Held also, that within the meaning of this legislation there is no difference between a memorandum receipt which renders the officer giving it responsible, though not accountable, for the property or funds receipted for, and a receipt which renders him accountable as well as responsible; and that regimental, battalion, and squadron quartermasters and commissaries may not be required to give memorandum receipts for money or property not pertaining to their respective organizations. Held further, that in the sense of this legislation the line of demarcation which separates money or property pertaining to a regiment, battalion, or squadron from other money or property is the line which separates money or property necessary and proper for the use, preparation, and maintenance of the regiment, battalion, or squadron as a inobjle unit of the Army from money or property used or intended for other purposes. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) 48985 15 14 210 MILITARY LAWS OF THE UNITED STATES. shall be appointed by the President, by and with the advice and con- sent of the Senate, from among the officers of said corps and in ac- cordance with the requirements of section twenty-six of the act of Congress approved February second, nineteen hundred and one, hereinbefore cited. Sec. 3, id. 502. Same Vacancy in grade of brigadier general not to be filled. That when the first vacancy in the grade of brigadier gen- eral in the Quartermaster Corps, except a vacancy caused by the expiration of a limited term of appointment, shall hereafter occur that vacancy shall not be filled, but the office in which the vacancy occurs shall immediately cease and determine. Sec. 3, id. 503. Same Subject to supervision of Chief of Staff. That the Quartermaster Corps shall be subject to the supervision of the Chief of Staff to the extent the departments hereby consolidated into said corps have heretofore been subject to such supervision under the terms of the existing law. Sec. 3, id. 504. Same Immediate appointment of Chief of Quartermaster Corps. That for the purpose of carrying into effect the provisions of this section the President is hereby authorized to appoint, by and with the advice and consent of the Senate, the Chief of the Quarter- master Corps herein provided for immediately upon the passage of this act, and it shall be the duty of the said chief, under the direction of the President and the Secretary of War, to put into effect the pro- visions of this section not less than sixty days after the passage of this act. Sec. 3, id. 505. Same Civilian employees to be replaced by enlisted men. 1 As soon as practicable after the creation of a Quartermaster Corps in the Army not to exceed four thousand civilian employees of that corps, receiving a monthly compensation of not less than thirty dollars nor more than one hundred and seventy-five dollars each, not including civil engineers, superintendents of construction, inspectors of cloth- ing, clothing examiners, inspectors of supplies, inspectors of animals, chemists, veterinarians, freight and passenger rate clerks, civil serv- ice employees, and employees of the classified service, employees of the Army transport service and harbor-boat service, and such other employees as may be required for technical work, shall be replaced permanently by not to exceed an equal number of enlisted men of said corps, and all enlisted men of the line of the Army detailed on extra duty in the Quartermaster Corps or as bakers or assistant bakers shall be replaced permanently by not to exceed two thousand enlisted men of said corps ; and for the purposes of this act the enlistment in the military service of not to exceed six thousand men, who shall be attached permanently to the Quartermaster Corps and 1 Note reference to chapter under enlisted men, and reference under that chapter to this paragraph. MILITARY LAWS OF THE UNITED STATES. 211 who shall not be counted as a part of the enlisted force provided by law, is hereby authorized: Provided, That the enlisted force of the Quartermaster Corps shall consist of not to exceed fifteen master electricians, six hundred sergeants (first class), one thousand and five sergeants, six hundred and fifty corporals, two thousand five hundred privates (first class), one thousand one hundred and ninety privates, and forty-five cooks, all of whom shall receive the same pay and allowances as enlisted men of corresponding grades- in the Signal Corps of the Army, and shall be assigned to such duties pertaining to the Quartermaster Corps as the Secretary of War may prescribe : Provided further, That the Secretary of War may fix the limits of age within which civilian employees who are actually employed by the Government when this act takes effect and who are to be replaced by enlisted men under the terms of this act may enlist in the Quarter- master Corps: Provided further, That nothing in this section shall be held or construed so as to prevent the employment of the class of civilian employees excepted from the provisions of this act or the continued employment of civilians included in the act until such latter employees have been replaced by enlisted men of the Quarter- master Corps. 1 Sec. 4, Act of Aug. % 1912 (37 Stat. 593). 506. Same Decrease in enlisted men. That the enlisted force of the Quartermaster Corps shall consist of not to exceed fifteen master electricians, six hundred sergeants (first class), nine hundred and seventy-five sergeants, six hundred and twenty-five corporals, two thousand five hundred privates (first class), one thousand one hun- dred and ninety privates, and ninety-five cooks, all of whom shall receive the same pay and allowances as enlisted men of correspond- ing grades in the Signal Corps of the Army, and shall be assigned to such duties pertaining to the Quartermaster Corps as the Secre- tary of War may prescribe. Act of Apr. 27, 1914 (38 Stat. 355). 1 Held, that the portion of said section describing the classes of employees not included within the provisions of that portion of the act requiring the sub- stitution of civilian employees in the Quartermaster Corps by enlisted men, refers to the persons and not to the positions held by them, and that as said posi- tions are vacated they may be filled by the enlisted men authorized by said act; held further, that under the authority of the proviso to the effect that nothing in said section shall be held or construed so as to prevent the employment of the classes of civilian employees excepted from the provisions of the act, the Secretary of War may properly direct that, as to the employees required for technical work of the classes specified, vacancies occurring may be filled in the future as in the past through the civil service, and in this way full operation can be given to the entire section authorizing the enlistment of men for the purpose of taking the place of civilian employees. (Bulletin No. 20, Dig. Opins. J. A. G., Oct. 19, 1912.) Held, that service as a civilian employee in the Quartermaster's Department prior to enlistment in the Quartermaster Corps under the provisions of said section can not be counted as enlisted service either for the purpose of computing longevity pay after enlistment or for the purpose of retirement. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) 212 MILITARY LAWS OF THE UNITED STATES. THE QUARTERMASTER'S DEPARTMENT. 507. Organization^ The Quartermaster's Department shall con- sist of one Quartermaster- General with the rank of brigadier-gen- eral, six assistant quartermasters-general with the rank of colonel, nine deputy quartermasters-general with the rank of lieutenant- colonel, twenty quartermasters with the rank of major, sixty quar- termasters with the rank of captain, mounted, and one hundred and fifty quartermaster-sergeants. 2 Sec. 16, Act of Feb. 2,1901 (31 Stat. 751}. 508. Same Increase in number. The Quartermaster's Depart- ment is hereby increased by two colonels, three lieutenant colonels, seven majors, and eighteen captains, the vacancies thus created to be filled by promotion and detail in accordance with section twenty- six of the Act approved February second, nineteen hundred and one. Act of Mar. 3, 1911 (36 Stat. 1045). (For provision as to number of officers in grades of colonel and lieutenant- colonel, see paragraph 497, ante.) 509. Promotions, transfers, and details. So long as there remain any officers holding permanent appointments in the * * * Quartermaster's Department * * * including those appointed to original vacancies in the grades of captain and first lieutenant under provisions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which officers so promoted shall hold their appointments. 3 Sec. 86, Act of Feb. 2, 1901 (31 Stat. 755). 510. Details. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion 1 For provision as to the number of officers in the grades of colonel, lieut- enant-colonel, major, and captain in the Quartermaster Corps, see paragraph 497, ante. More thoroughly to comprehend the consolidation of the three department into the Quartermaster Corps, the old law is given. * Section 16 of the act of February 2, 1901 (31 Stat. 751), contained the requirement that " the President is authorized to continue in the service during the present emergency, for duty in the Philippine Islands and on transports, twenty-four captains and assistant quartermasters of volunteers." The same enactment provided that "all vacancies in the grade of colonel, lieutenant- colonel, and major created or caused by this section shall be filled by promotion according to seniority as now prescribed by law." It also provided " that to fill original vacancies in the grade of captain created by this act in the Quartermaster's Department the President is authorized to appoint officers of volunteers commissioned in the Quartermaster's Department since April 21, 1898." 3 For provision governing filling of vacancies in the Quartermaster Corps, and providing that when the vacancy occurs in a grade not above that of colonel it shall be filled, if possible, by the promotion of an officer who would have been entitled to promotion to that particular vacancy if the consolidation of the departments had never occurred. (See par. 495, ante.) MILITARY LAWS OF THE UNITED STATES. as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps. Id. 511. Same To be made from grade in which vacancy exists. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. 1 Id. 512. Vacancy in office of storekeeper not to be filled. When a vacancy shall occur through death, retirement, or other separation from active service in the office of storekeeper in the Quartermaster's Department and Ordnance Department, respectively, now provided for by law, said offices shall cease to exist. 2 Acts of Mar. 2, 1899 (30 Stat. 977), and Feb. 2, 1901 (31 Stat. 748). 513. Military storekeeper on duty at White House. The military storekeeper now on duty at the White House as doorkeeper to the President may be continued in that employment and shall receive the full pay and allowances of his grade from the date of his retirement until relieved by the President. Act of June 30, 1902 (32 Stat. 511). 514. Post quartermaster-sergeants. That the Secretary of War is authorized to appoint, on the recommendation of the Quartermaster- General, as many post quartermaster-sergeants, not to exceed one hundred and fifty, 3 as he may deem necessary for the interests of the service, said sergeants to be selected by examination from the most competent enlisted men of the Army who have served at least four years, and whose character and education shall fit them to take charge of public property and to act as clerks and assistants to post and other quartermasters. Said post quartermaster-sergeants shall, so far as practicable, perform the duties of storekeepers and clerks, in lieu of citizen employees. The post quartermaster-sergeans shall be subject to the Rules and Articles of War and shall receive for their services the same pay and allowances as ordnance-sergeants. 4 Acts of July 5, 1884 (S3 Stat. 109), July 8, 1898 (30 Stat. 728), and Feb. 2,1901 (31 id. 751). For provision that post quartermaster sergeants shall hereafter be known as quartermaster sergeants of the Quartermaster Corps, see paragraph 496, ante. For provision that regimental, battalion, and squadron quartermaster ser- geants shall, in the discretion of the Secretary of War, be required to perform 1 For statutory regulations respecting details to the staff, see the title Details to the Staff, in the chapter entitled The Staff Departments. 2 The above statute replaces a similar restriction which was contained in section 2 of the act of March 3, 1875 (18 Stat. 339) ; the act of February 2, 1901, contained the same restriction. The office of storekeeper in the Quarter- master's Department, by the retirement of the last incumbent, has ceased to exist as a grade of rank on the active list. 3 Twenty-five post quartermaster-sergeants added to the existing establishment by the act of July 8, 1898 (30 Stat. 728) ; forty added by section 16, act of February 2, 1901 (31 id., 751). * For corps of army service men, see chapter entitled The Military Academy. 214 MILITAEY LAWS OF THE UNITED STATES. any duties that noncommissioned officers or pay clerks of the Quartermaster Corps may properly be required to perform, see paragraph 498, ante. Held, that the sergeants whose enlistment is authorized by section 4 of the act of August 24, 1912 (37 Stat. 591), are a distinct grade from those formerly known as post quartermaster sergeants and post commissary sergeants, and that no change was made by the law in the status, pay, or allowances of the latter grade, but duties formerly pertaining to post commissary and post quarter- master sergeants may now be performed by any of them under their designation of quartermaster sergeants. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) 515. Ditties. It shall be the duty of the officers of the Quarter- master's Department, under the direction of the Secretary of War, to purchase and distribute to the Army all military stores and supplies, requisite for its use, which other corps are not directed by law to provide; to furnish means of transportation for the Army, its mili- tary stores and supplies, and to provide for and pay all incidental expenses of the military service which other corps are not directed to provide for and pay. Sec. 1133, R. 8. For provision that regimental, battalion, and squadron quartermasters shall, in the discretion of the Secretary of War, be required to perform any duties that junior officers of the Quartermaster Corps may properly be required to perform, etc., see paragraph 498, ante. For provision that such duty or duties as are now required by law to be per- formed by any officer or officers of the Quartermaster's, Subsistence, or Pay Departments shall hereafter be performed by such officer or officers of the Quartermaster Corps as the Secretary of War may designate for the purpose, see paragraph 500, ante. 516. Supplies, purchase of kind and amount to ~be prescribed ~by Secretary of War. The Secretary of War shall from time to time define and prescribe the kinds as well as the amount of supplies to be purchased by the Subsistence and Quartermaster Departments of the Army, and the duties and powers thereof respecting such pur- chases ; and shall prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations, be intrusted with the same ; and shall fix and make reasonable allowances for the store rent and storage necessary for the safe-keeping of all military stores and supplies. 1 Sec. 219, R. S. 517. Same For naval and marine detachments. The officers of the Quartermaster's Department shall, upon the requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with land troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together 1 See sec. 1134, R. S., authorizing the Secretary of War to order assistant quartermasters to do duty as assistant commissaries of subsistence. MILITARY LAWS OF THE UNITED STATES. 215 with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. Sec. 1135, R. S. 518. Post exchange, use of public buildings and transportation for. Hereafter no money appropriated for the support of the Army shall be expended for post gardens or exchanges; but this proviso shall not be construed to prohibit the use, by post exchanges, of pub- lic buildings or public transportation when, in the opinion of the Quartermaster-General, not required for other purposes. Act of July 16, 1892 (27 Stat. 178). For a number of years an item has appeared annually in the Army appro- priation act for continuing the construction, equipment, and maintenance of suitable buildings at military posts and stations for the conduct of the post exchange, school, library, reading, lunch, amusement rooms, and gymnasium, including repairs to building erected at private cost, under authority from Con- gress, to be expended in the discretion and under the direction of the Secretary of War; with a proviso limiting the annual expenditure at any one post or station to $40,000. (See act of Mar. 2, 1913, 37 Stat. 715.) 519. Officers not to be interested in purchases or sales for depart- ment. No officer belonging to the Quartermaster's Department, or doing the duty of a quartermaster or assistant quartermaster, shall be concerned, directly or indirectly, in the purchase or sale of any article intended for or appertaining to said department of service, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law. Sec. 1138 R. S. 520. Payment of subscriptions to newspapers, etc., in advance. That hereafter subscriptions to newspapers, magazines, periodicals, and other publications, purchased from funds of the Quartermaster Corps, may be paid for in advance. Act of Apr. 27, 1914 (38 Stat. 362). 521. Sale of surplus ice, electric current, etc., from Government plants where no competition. Whenever the ice machines, steam laundries, and electric plants shall not come in competition with private enterprise for sale to the public, and in the opinion of the Secretary of War it becomes necessary to the economical use and administration of such ice machines, steam laundries, and electric plants as have been or may hereafter be established in pursuance of law, surplus ice may be disposed of, laundry work may be done for other branches of the Government, and surplus electric light and power may be sold on such terms and in accordance with such regu- lations as may be prescribed by the Secretary of War: Provided, That the funds received from such sales and in payment of such laundry work shall be used to defray the cost of operation of said ice, 216 MILITAKY LAWS OF THE UNITED STATES. laundry, and electric plants; and the sales and expenditures herein provided for shall be accounted for in accordance with the methods prescribed by law, and any sums remaining, after such cost of main- tenance and operation have been defrayed, shall be deposited in the Treasury to the credit of the appropriation from which the cost of operation of such plant is paid. Act of Mar. 2, 1913 (37 Stat. 713). The annual appropriation act for the support of the Army has, for several years, contained a provision similar to this On the subject of laundries, see General Orders, 68, War Department, 1910. 522. Proceeds of sales of serviceable supplies to remain available through -fiscal year following sale. Hereafter all moneys arising from disposition of serviceable quartermaster's supplies or stores, authorized by law and regulations, shall remain available throughout the fiscal year following that in which the disposition was effected, for the purposes of that appropriation from which such supplies were authorized to be supplied at the time of the disposition. Act of Mar. 23, 1910 (36 Stat. 257). 523. Disbursing officers authorized to pay pressing obligations from total available balance where insufficient balance, provided the apportionment has been made. Hereafter whenever pressing obliga- tions are required to be paid by a disbursing officer of the Quarter- termaster's Department and there is an insufficient balance to his official credit under the proper appropriation or appropriations for the purpose, he is authorized to make payment from the total avail- able balance to his official credit, provided sufficient funds under the proper appropriation or appropriations have been apportioned by the Quartermaster-General for the expenditure. When such dis- bursements are made the accounts of the disbursing officer shall show the charging of the proper appropriations, the balances under which will be adjusted by the disbursing officer on receipt of funds or by the accounting officers of the Treasury. Act of Mar. 3, 1909 (35 Stat. 7 47). 524. Transportation of troops. The transportation of troops, munitions of war, equipments, military property, and stores through- out the United States shall be under the immediate control and super- vision of the Secretary of War and such agents as he may appoint. 1 Sec. 220, R. S. 1 The transportation of organized bodies, or detachments of troops under orders from competent authority directing travel to be performed, is regulated by the requirements of this section, as modified from time to time by the provi- sions of the annual acts of appropriation for the support of the Army. See paragraphs 732-739, A. R., 1913, for traveling expenses of civilian employees in any branch of the military service. See paragraphs 1135-1139, A. R., 1913, for transportation of baggage on change of station, retirement, etc. See paragraphs 1128-34, A. R., 1913, for parlor and sleeping car accommodations to which offi- cers traveling with troops, noncommissioned officers, army nurses, civilian em- ployees in the military service, etc., are entitled when traveling under orders. MILITARY LAWS OF THE UNITED STATES. 217 525. Same Preference to be given over other traffic in time of actual or threatened war. In time of war or threatened war prefer- ence and precedence shall, upon the demand of the President of the United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. Sec. 2, Act of June 29, 1906 (34 Stat. 587). 526. Same Of baggage in excess of allowances, reimbursement for. For transportation of the Army and its supplies, including transportation of the troops when moving either by land or water, and of their baggage, including the cost of packing and crating: Provided, That hereafter baggage in excess of regulation change of station allowances may be shipped with such allowances, and reim- bursement collected for transportation charges on such excess, * * * dollars. Act of Mar. 23, 1910 (36 Stat. 255}. (See note to paragraph 678, post, for holdings of the Comptroller of the Treas- ury as to transportation of the personal baggage of an officer at Government expense. ) 527. Same Officers' 1 private mounts Reimbursement for cost of transportation. That hereafter private mounts of officers in execess of the authorized mounts may be shipped on Government bill of lading with authorized mounts, and reimbursement collected for transportation charges on such excess mounts. Act of Apr. 27, 1914 (38 Stat. 365). 528. Same Use of transports, restrictions, Navy, Marine Corps, etc. No part of this appropriation shall be applied to the payment of the expenses of using transports in any other Government work than the transportation of the Army, its supplies and employees; and when, in the opinion of the Secretary of War, accommodations are available, transportation may be provided for the officers, en- listed men, employees, and supplies of the Navy, the Marine Corps, and for members and employees of the Philippine and Hawaiian governments, officers of the War Department, Members of Congress, other officers of the Government while traveling on official business, and without expense to the United States, for the families of those persons herein authorized to be transported, and when accommoda- tions are available, transportation may be provided for general pas- sengers to the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War. Act of Mar. 2, 1907 (34 Stat. 1170). 529. Same Officers, etc. of Revenue-Cutter Service, and secre- taries and supplies of Army and Navy department of Y. M. C. A. Hereafter when, in the opinion of the Secretary of War, accommo- dations are available, transportation on vessels of the Army transport 218 MILITARY LAWS OF THE UNITED STATES. service may be furnished the officers, employees, and enlisted men of the Revenue- Cutter Service, and their families, without expense to the United States, and also secretaries and supplies of the Army and Navy department of the Young Men's Christian Association. Act of Mar. 3, 1911 (36 Stat. 1051}. 530. Same Merchandise of American production to residents, etc.. of island of Guam. Hereafter when there is cargo space available without displacing military supplies, transportation may be pro- vided for merchandise of American production consigned to resi- dents and mercantile firms of the island of Guam, rates and regula- tions therefor to be prescribed by the Secretary of War. Id. 531. Same Over land-grant and bond-aided railroads. For the payment of Army transportation lawfully due such land-grant rail- roads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in cases de- cided under such land-grant Acts), but in no case shall more than fifty per centum of full amount of service be paid: Provided, That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large and shall be accepted as in full for all demands for such service: Provided further, That in expending the money appropri- ated by this Act a railroad company which has not received aid in bonds of the United States, and which obtained a grant of public land to aid in the construction of its railroad on condition that such railroad should be a post route and military road, subject to the use of the United States for postal, military, naval, and other Gov- ernment services, and also subject to such regulations as Congress may impose restricting the charge for such Government transporta- tion, having claims against the United States for transportation of troops and munitions of war and military supplies and property over such aided railroads, shall be paid out of the moneys appropriated by the foregoing provision only on the basis of such rate for the transportation of such troops and munitions of war and military supplies and property as the Secretary of War shall deem just and reasonable under the foregoing provision, such rate not to exceed fifty per centum of the compensation for such Government transpor- tation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all de- mands for such service. Act of Mar. 2, 1913 (37 Stat. 715) . [Substantially the same provision has been incorporated in each annual appro- priation act since it was first contained in the act of Feb. 26, 1900, 31 Stat, 214.] 532. Same Property for Government surveys, National Museum, etc. Hereafter the Quartermaster-General and his officers, under MILITARY LAWS OF THE UNITED STATES. 219 his instructions, wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of army supplies, the amount paid for such trans- portation to be refunded or paid by the bureau to which such prop- erty or stores pertain. 1 Act of July 5, 188 '4 (23 Stat. 111). 533. Same To use means of herein provided. Hereafter in the performance of their official and military duties officers of the Army are authorized, under such regulations as may be established by the Secretary of War, to use means of transportation herein provided for. Act of Mar. 3, 1911 (36 Stat. 1051). [This paragraph refers to the appropriation in this act for the purchase of vehicles, boats, ships, etc.] 534. Taking and use of vessels as cruisers or transports; pay- ment. Any steamships so registered under the provisions of this act may be taken and used by the United States as cruisers or transports upon payment to the owners of the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value at the time of taking between the United States and the owners, then the same shall be determined by two impartial appraisers, one to be appointed by each of said parties, who, in case of disagreement, shall select a third, the award of any two of the three so chosen to be final and conclusive. Sec. 4, Act May 10, 1892 Stat. 28). [The foregoing has reference to certain steamships, built abroad, which, under the act cited, were granted American registry. The act is quite specific in de- scribing the vessels, and it is doubtful if the act has any future application. The S. S. New York and Paris would appear to have been the only vessels coming within the terms of the law. See paragraph 1235, contracts and purchases, for act of July 5, 1884, providing that the purchase of ships and other seagoing vessels, etc., shall be made by contract, after due legal advertisement, except in cases of extreme emergency.] 535. Purchase or hire of vehicles, etc., for official, military and garrison purposes. Transportation of the Army and its supplies; * * * For the purchase, hire, operation, maintenance, and repair of such harness, wagons, carts, drays, and other vehicles as are re- quired for the transportation of troops and supplies, and for official, military, and garrison purposes. * * * For the purchase and 1 When a contract provides that upon the arrival of a train the Quarter- master's Department shall examine the stores, and, if found to be in good con- dition and delivered in proper time, shall so indorse the bill of lading, upon which payment shall be made, it will be presumed that such a certificate was made and given when it appears that the contract was fully performed. (Curtis v. U. S., 34 Ct. Cls., 5.) 220 MILITARY LAWS OF THE UNITED STATES. repair of ships, boats, and other vessels required for the transporta- tion of troops and supplies and for official, military and garrison purposes; * * * Provided, * * * That hereafter in the per- formance of their official and military duties officers of the Army are authorized, under such regulations as may be established by the Sec- retary of War, to use means of transportation herein provided for. 1 * * ' * Act of Mar. 3, 1911 (36 Stat. 1051). 536. Transports, Army, equipment of with lifeboats and rafts. The sum of three hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of equipping all Army transports with all lifeboats and rafts, including such num- ber of steel self-righting, self -bailing motor lifeboats for each vessel as the Secretary of War may deem advisable, necessary to accommo- date every person for whom transportation facilities are now pro- vided on said transports, and the crew of said transports; said sum to be expended under the direction of the Secretary of War, who is hereby directed to make to Congress an itemized statement showing how the sum aforesaid has been expended. Act of June 14, 1912 (37 Stat. 133). 537. Purchase of draft animals, restrictions. Hereafter no part of this appropriation shall be expended in the purchase for the Army of draft animals until the number on hand shall be reduced to five thousand, and hereafter shall only be expended for the purchase of a number sufficient to keep the supply up to five thousand. 2 Act of Sept. 22, 1888 (25 Stat. 486) . 538. Same Limited to number actually required for the service. The number of draft animals purchased from this appropriation, added to those now on hand, shall be limited to such numbers as are actually required for the service, and all transportation of stores by private parties for the Army shall be done by contract, after due legal advertisement, except in cases of emergency, which must be at once reported to the Secretary of War for his approval. Acts of July 5, 1884 (23 Stat. 109) ; Mar. 2, 1901 (31 id., 907) . (See act of March 2, 1913 (37 Stat. 716), which provides for the purchase and hire of draft and pack animals in such numbers as are actually required for the service, including reasonable provision for replacing unserviceable animals.) 1 See paragraphs 1101-1115 A. R. 1913. 2 By the act of June 7, 1898 (30 Stat. 433), the operation of this statute was suspended, at the discretion of the Secretary of War, during the period of the existing war; by the act of March 3, 1899 (id., 1350), its operation was further suspended, at the discretion of the Secretary of War, and subject to the further discretion of Congress, until March 1, 1900; by the act of February 24, 1900 (31 Stat. 32), the suspension was extended, under the conditions above set forth, until June 30, 1901. MILITARY LAWS OF THE UNITED STATES. 221 539. Same Horses for cavalry, artillery, etc., restrictions. For the purchase of horses for the cavalry and artillery, and for the Indian scouts and for such infantry and members of the Hospital Corps in field campaigns as may be required to be mounted, and the expenses incident thereto: * *: Provided, That the number of horses purchased under this appropriation, added to the number on hand, shall not at any time exceed the number of enlisted men and Indian scouts in the mounted service, and that no part of this appro- priation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster's Department, and an inspection by such department, all under the direction and author- ity of the Secretary of War. 1 Act of Mar. 15, 1898 (30 Stat. 323). 540. Same To be limited to actual needs of the service. The number of horses purchased under this appropriation, added to the number on hand, shall be limited to the actual needs of the mounted service; and unless otherwise ordered by the Secretary of War no part of this appropriation shall be paid out for horses not purchased by contract, after competition duly invited by the Quartermaster's Department, and an inspection by such department, all under the direction and authority of the Secretary of War. Act of Mar. 2, 1901 (31 Stat. 906}. (See paragraph 1235, contracts and purchases, as to purchases of horses, mules, etc., by contract, after due legal advertisement, except in cases of extreme emergency.) 541. Same Open market purchases at military posts, etc., at maximum price fixed by Secretary of War. The number of horses purchased under this appropriation, added to the number now on hand, shall be limited to the actual needs of the mounted service, in- cluding reasonable provisions for remounts, and, unless otherwise ordered by the Secretary of War, no part of this appropriation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster's Department and an inspection under the direction and authority of the Secretary of War. When practicable, horses shall be purchased in the open market at all mili- tary posts or stations, when needed, at a maximum price to be fixed by the Secretary of War : Provided, That no part of this appropri- ation shall be used for breeding purposes: Provided further, That no part of this appropriation shall be expended for the purchase 'By the act of June 7, 1898 (30 Stat. 433), the operation of this statute was suspended, at the discretion of the Secretary of War, during the period of the existing war; by the act of March 3, 1899 (id., 1351), its operation was further suspended, at the discretion of the Secretary of War, and subject to the further discretion of Congress, until March 1, 1900; by the act of February 24, 1900 (31 Stat. 32), the suspension was extended, under the conditions above set forth, until June 30, 1901. 222 MILITARY LAWS OF THE UNITED STATES. of any horses below the standard set by Army Regulations for Cav- alry and Artillery horses, except when purchased for instruction of cadets at the United States Military Academy: Provided further, That hereafter from the enlisted force of the Army now provided by law the President may authorize the organization of remount detachments at each of the remount depots, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such remount depot: Provided, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. 1 Act of Mar. 3, 1911 (36 Stat. 1049}. 542. Same Including horses for service schools, staff colleges* etc. For the purchase of horses of ages, sex, and size as may be pre- scribed by the Secretary of War, for remounts, for officers entitled to public mounts, for the Cavalry, Artillery, Signal Corps, and Engi- neers, the United States Military Academy, service schools, and staff colleges, and for the Indian scouts, and for such infantry and mem- bers of the Hospital Corps in field campaigns as may be required to be mounted, and the e-xpenses incident thereto, and for the hire of employees : Provided, That the number of horses purchased under this appropriation, added to the number now on hand, shall be lim- ited to the actual needs of 'the mounted service, including reasonable provisions for remounts, and, unless otherwise ordered by the Secre- tary of War, no part of this appropriation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster's Department and an inspection under the direc- tion and authority of the Secretary of War. When practicable, horses shall be purchased in open market at all military posts or stations, when needed, at a maximum price to be fixed by the Secre- tary of War : Provided further, That no part of this appropriation shall be expended for the purchase of any horses below the standard set by Army Regulations for Cavalry and Artillery horses, except when purchased as remounts, or for instruction of cadets at the United States Military Academy. No part of this appropriation shall be expended for polo ponies except for West Point Military Academy, and such ponies shall not be used at any other place. Act of Aug. 24, 1912 (37 Stat. 581}. 543. Same Not to take part in horse shows or horse races. That hereafter no part of this or any other appropriation shall be ex- pended for defining expenses of officers, enlisted man, or horses in attending or taking part in horse shows or horse races; but nothing 'The annual appropriation act, Aug. 24, 1912 (37 Stat. 581), is to the same effect. MILITARY LAWS OF THE UNITED STATES. 223 in this proviso shall be held to apply to the officers, enlisted men, and horses of any troop, battery, or company which shall, by order or permission of the Secretary of War, and within the limits of the United States, attend any horse show or any State, county, or munici- pal fair, celebration, or exhibition. Act of Apr. 27, 1914 (38 Stat. 363}. 544. Veterinarians, employment of, for animals not connected with the cavalry and artillery. Such number of veterinarians as the Secretary of War may authorize shall be employed to attend the ainmals pertaining to the Quartermaster's or other Departments not directly connected with the cavalry and artillery regiments, at a compensation not exceeding one hundred dollars per month. Sec. 20, Act of Feb. 2, 1901 (31 Stat. 753}. 545. Barracks and quarters, construction of permanent. Perma- nent barracks or quarters and buildings and structures of a perma- nent nature shall not be constructed unless detailed estimates shall have been previously submitted to Congress, and approved by a special appropriation for the same, except when constructed by the troops; and no such structures, the cost of which shall exceed twenty thousand dollars, shall be erected unless by special authority of Congress. 1 Sec. 1136, R. S. 546. Limit of cost. Hereafter no expenditures exceeding five hundred dollars shall be made upon any building or military post, or grounds about the same, without the approval of the Secretary of War for the same, upon detailed estimates by the Quartermaster's Department; and the erection, construction, and repair of all build- ings and other public structures in the Quartermaster's Department (-hall, as far as may be practicable, be made by contract, after due legal advertisement. 2 Act of Feb. 27, 1893 (27 Stat. 484). 1 The Quartermaster's Department alone is charged with the duty and respon- sibility of erecting quarters. (Travelers v. IT. S., 5 Ct. Cls., 329.) 2 This paragraph continued to appear as a proviso in several acts of appropria- tion for the support of the Army prior to the act of February 27, 1893 (27 Stat. 454). See acts of March 3, 1885 (23 Stat 360) ; June 30, 1886 (24 id., 97) ; Feb- ruary 9, 1887 (id., 399) ; September 22, 1888 (25 id., 486) ; March 2, 1889 (id., 830) ; June 13, 1890 (26 id., 154) ; February 24, 1891 (id., 776) ; July 16, 1892 (27 id., 180) ; February 27, 1893 (id., 484). The same act requires that the posts at which hospital stewards' quarters are to be constructed shall be designated by the Secretary of War, and that such quarters shall, whenever practicable, be built by contract. 27 Stat. 484. Where a contract provides that an officer named in the contract may, on inspection, accept or reject any part of the work done under it if not, in his opinion, " strictly in accordance with the drawings and specifications," his decision, in the absence of fraud, or such gross error as would imply bad faith, is final. (Driscoll v. U. S., 34 Ct. Cls., 508.) Such action on the part of the officer being final and conclusive, it becomes the duty of the contractor at his own expense, to " remedy any defect or unsatisfactory material or work " so rejected, "by conforming the same to the drawings and specifications. (Kihlberg v. U. S., 97 U. S., 97; Kimball v. U. S., 24 Ct. Cls., 122; Gleason v. Gosnell, 33 Ct. Cls. R., 65; Quinn v U. S., 99 U. S., 32; Sweeney v. U. S., 109 id., 618; 224 MILITAEY LAWS OF THE UNITED STATES. 547. /Same. No money appropriated for military posts shall be expended for the construction of quarters for officers of the army, or for barracks and quarters for the artilkry, the total cost of which, including the heating and plumbing apparatus, wiring and fixtures shall exceed in the case of quarters of a general officer, the sum of fifteen thousand dollars, of a colonel or an officer above the rank of captain, twelve thousand dollars, and of an officer of and below the rank of captain, nine thousand dollars. Act of Mar. If, 1909 (35 Stat. 1003) . 548. Shelter in the Philippine Islands. For the proper shelter and protection of officers and enlisted men of the Army of the United States lawfully on duty in the Philippine Islands, including the ac- quisition of title to building sites where necessary, to be expended in the discretion of the President, and to be immediately available, one million five hundred thousand dollars ; x and the President is directed to report a detailed statement of the expenditure of this sum to each session of Congress until the entire appropriation is ex- pended. Act of June 30, 1902 (32 Stats. 516) . 549. Same For seacoast artillery, limitation on cost. For the erection of barracks and quarters for artillery in connection with the project adopted for seacoast defense there shall not hereafter be ex- pended at any one point more than one thousand two hundred dol- lars per man for each man required for one relief to man the guns at the post up to eighty-three men, the present permanent strength of a battery, enlisted and commissioned, and for each man required beyond this number six hundred dollars per man, from any appro- priation made by Congress, unless special authority of Congress be granted for a greater expenditure. 2 Act of June 6, 1900 (31 Stat. 550. Quarters for hospital stewards, Secretary of War to designate posts at which to l>e constructed. Hereafter the posts at which such Martinsburg Co. v. March, 114 id., 549 ; Chicago R. R. Co. v. Price, 38 id., 185 ; Ogden v. U. S., 60 Fed. Rep., 725; Elliott v. R. R. Co., 74 id., 711.) Where extensions of time are granted to complete a contract, all prior delays or defaults are waived and can not be revived. (Gleason & Gosnell v. U. S., 33 Ct. Cls., 65; Pigeon v. U. S., 27 id., 167, 175.) Where additional work was necessary, and the officer in charge ordered it to be done, and the Government received the benefit of it, the Government is liable. (Haliday v. U. S., 33 Ct. Cls., 453.) Where performance is prevented by act of God no breach can be assigned, although no reference was made thereto in the contract. (Gleason & Gosnell v. li. S., 33 Ct. Cls., 65; McDermott v. Jones, 2 Wall., 1, 7; Satterlee, adminis- trator, v. U. S., 30 Ct. Cls., 31, 50, and cases there cited.) 1 Each subsequent appropriation for barracks and quarters, Philippine Islands, has contained the following language : " Continuing the work of providing for the proper shelter and protection of officers and enlisted men of the Army of the United States lawfully on duty in the Philippine Islands. * * * " 2 This enactment replaces the requirement of the act of July 1, 1898 (30 Stat. 629), which restricted expenditures on artillery posts for seacoast defense to $60,000 for a one-battery post and $20,000 additional for each additional battery. MILITARY LAWS OF THE UNITED STATES. 225 quarters [for hospital stewards], shall be constructed shall oe desig- nated by the Secretary of War, and such quarters shall be built by contract, after legal advertisement, whenever the same is prac- ticable. Act of Feb. 27, 1893 (27 Stat. 484) . 551. Quarters in kind to officers. At all posts and stations where there are public quarters belonging to the United States officers may be furnished with quarters in kind in such public quarters, and not elsewhere, by the Quartermaster's Department, assigning to the officers of each grade, respectively, such number of rooms as is stated in the following table, namely: Second lieutenants, two rooms; first lieutenants, three rooms; captains, four rooms; majors, five rooms; lieutenant-colonels, six rooms; colonels, seven rooms; brigadier- generals, eight rooms; major-generals, nine rooms; lieutenant-gen- eral, ten rooms. 1 Act of Mar. %^.1907 (34 Stat. 1168). See para- graph 668, post. 1 For rules respecting the allowance and assignment of quarters at military posts, see paragraphs 1024-1035, 1044, 1390, and 1397, A. R., 1913. Held, that with but very few exceptions made by law the certificate of ap- proval of an officer is not intended to be conclusive upon the accounting officers, but that the latter must render a decision on the legality of the claim for payment or for crediting an account upon the facts ; that upon them is cast the responsibility for securing the facts and upon other officers the duty of furnish- ing upon request such evidence in addition to certificates as may be called for by the accounting officers; that this right to call for evidence is inseparable from the duty to audit and to decide questions of law and fact, and that it must be exercised reasonably as must any public duty, but that the accounting officer, and not an administrative officer incurring liabilities or expending public funds, must determine the extent to which it may be necessary to go in any particular case in collecting the evidence to establish what he believes to be the essential fact as a basis for decision; that the certificate that public quarters at a post are fully occupied should be accepted as prima facie evidence of the facts underlying the conclusion certified to but should not be considered as the best evidence in all cases nor as relieving the Auditor of responsibility of determining the facts and securing the evidence necessary to a decision. Held further, that the fact that an officer's application for assignment of quarters, in kind was denied did not entitle him to commutation of quarters, if in fact there were public quarters at the post or station which might have been assigned to him, but that, under existing conditions as to construction of houses, rooms in excess of the authorized allowance in a single house assigned to and occupied by an officer and his family were not rooms that must neces- sarily have been assigned to another officer, and that while such conditions existed these excess rooms were not quarters and probably ought not to have been provided with furniture or light or separate heating ; that commutation of quarters for an officer on duty at a post where there were public quarters could not be granted by an order; that the facts determined the right and that when the only rooms unoccupied were rooms in single houses in excess of the author- ized allowance of the occupants of those houses, but not adapted for separate quarters, there were no public quarters within the meaning of the law, but that the contrary was true where there were quarters occupied by persons not en- titled to quarters; that the question whether or not there were inhabitable although undesirable public quarters and all other questions involved in the payment of commutation must be decided by the Auditor or Comptroller in each case, and that while they might prefer to accept the decision of other officers they could not shift their duty in this manner, and must accept certificates of facts and conclusions only so far as they believed the situation justified that course. (Asst. Comp. W. W. Warwick, Aug. 18, 1913.) 48985 15 15 226 MILITARY LAWS OF THE UNITED STATES. 552. Same Officers temporarily obsent not to lose mght to. Hereafter officers temporarily absent on duty in the field shall not lose their right to quarters, or commutation thereof, at their per- manent station while so temporarily absent. Act of Feb. 7, 1893 (27 Stat. 480). 553. /Shooting galleries and ranges. For shelter, shooting gal- leries, ranges for small-arms target practice, repairs, and expenses incident thereto, including flour or paste for marking targets, hire of employees, such ranges and galleries to be open, as far as practicable, to the National Guard and organized rifle clubs under regulations to be prescribed by the Secretary of War. Act of Mar. 0, '1913 (37 Stat. 717). 554. Fuel and forage allowance. Allowance of or commutation for fuel to commissioned officers is hereby prohibited; but fuel may be furnished to the officers of the Army by the Quartermaster's De- partment, for the actual use of such officers only, at the rate of three dollars per cord for standard oak wood, or at an equivalent rate for other kinds of fuel, according to the regulations now in existence; and forage in kind may be furnished to the officers of the Army by the Quartermaster's Department, only for horses owned and actually kept by such officers in the performance of their official military duties when on duty with troops in the field or at such military posts west of the Mississippi River, as may be from time to time desig- nated by the Secretary of War, and not otherwise as follows : To the General, five horses; To the Lieutenant-General, four horses ; To a major-general, three horses; To a brigadier-general, three horses; To a colonel, two horses; To a lieutenant-colonel, two horses; To a major, two horses; To a captain (mounted), two horses; To a lieutenant (mounted), two horses; To an adjutant, two horses; To a regimental quartermaster, two horses. 1 Sec. #, Act of June 18,1878 (W Stat. 150). "This statute and the act of February 24, 1881 (21 Stat. 347), have been regarded as repealing sections 1271 and 1272, Revised Statutes, and imposing the additional requirement that the horses shall not only be " actually kept." but also "owned" by officers in the performance of their military duties. In a decision dated January 23, 1913 (19 Comp. Dec., 460), the Comptroller held that these acts did not entirely repeal sections 1271 and 1272, Revised Statutes, but merely imposed the added condition upon officers of the Army serving in this country, which is that they shall not only keep their horses in the military service in the performance of their official military duties but that they shall actually own them as well ; and that " the issue of forage to military attaches abroad is governed by section 1272 of the Revised Statutes, under which such officers are only required to actually keep their horses in the service when on MILITARY LAWS OF THE UNITED STATES. 227 555. Fuel allowance limited to actual personal necessities. Here after, fuel may be furnished to commissioned officers on the active list by the Quartermaster's Department, for the actual use of such officers only, at the rate of three dollars per cord for standard oak wood, or at an equivalent rate for other kinds of fuel, the amount so furnished to each to be limited to the officer's actual personal neces- sities as certified to by him. 1 Act of June 12, 1906 (34 Stat. 250). 556. Heat and light allowance, limited to that actually necessary for authorized allowance of quarters. Hereafter the heat and light actually necessary for the authorized allowance of quarters for offi- cers and enlisted men shall be furnished at the expense of the United States under such regulations as the Secretary of War may prescribe. 2 Act of Mar. 2, 1907 (34 Stat. 1167). 557. Forage, no discrimination against officers serving east of Mississippi River. There shall be no discrimination in the issue of forage against officers serving east of the Mississippi River, provided they are required by law to be mounted, and actually keep and own their animals. Act of Feb. 24, 1881 (21 Stat. 347). duty, and at the place where they are on duty, to be entitled to draw the authorized allowance of forage for them." The right conferred upon officers of the Army by the Act of June 18, 1878 (20 Stat. 150), to purchase fuel for their actual use only, in the manner and at the terms prescribed by said Act, pertains to all officers of the Army, irre- spective of the nature of the duties upon which they are engaged. No part of the cost of fuel so sold is properly chargeable to the appropriation for any public work, unless provision is expressly made therein for such cost. (3 Dig. 2d Comp. Dec., par. 655.) For allowances of fuel as established by regulation, see par. 1044, A. R., 1913. For regulations as to forage ration, bedding, right of officer to purchase forage for two horses kept for his own use, etc., see paragraphs 1077-1085, A. R., 1913. For a case, in which certain officers of the Army were ordered by the Secre- tary of War to make restitution to the United States of certain sums of money representing quantities of fuel which had been consumed by them without being paid for as required by law, see Gen. Court-martial Orders No. 85, War Dept. of 1882. 1 See par. 1044, A. R., 1913, for table showing allowance of rooms, fuel, and cooking and heating stoves for officers. Held, that upon the evidence submitted the conclusion would not at present be adopted that the fuel allowances prescribed in the regulations were largely in excess of the quantities of fuel actually necessary for heating the authorized allowance of quarters for officers, and until the Secretary of War had had time to consider and amend said regulations the accounting officers would continue to assume that the quantities of fuel therein prescribed did not exceed the quantities necessary. With reference to the payment of the value of the fuel allowance to officers on detached service in foreign countries, Held, that the amendment to the regulations authorizing such payment at the local rates of fuel at the place where the officer is serving, should be interpreted as requiring, in a case to which the regulation applies, a computation based upon the value of the equiv- alent of the wood allowance in the fuel actually used at the local price of such fuel and not upon the price of oak wood at such place where the same was not actually used for fuel. (Asst. Comp. W. W. Warwick, Sept. 23, 1913.) 2 For regulations as to lighting quarters and barracks, etc., at military posts, see paragraphs 1050-61, A. R., 1913. 228 MILITARY LAWS OF THE UNITED STATES. 558. Horses owned by officers ordered to duty beyond seas, etc., to be purchased by the Government. Hereafter when a mounted officer is ordered to duty beyond the seas or to make a change of station in the United States in which the cost of transportation for his au- thorized number of owned horses exceeds the sum at the time allowed for that purpose in the Army Regulations, the Secretary of War is authorized, under such regulations in respect to inspection and valua- tion as he may prescribe, in his discretion to permit the purchase of said horses by the Quartermaster's Department, at a price not ex- ceeding the average contract price paid for horses during the pre- ceding fiscal year, the exact price to be fixed by a board of officers. Act of Mar. 83, 1910 (36 Stat. 254). (This provision amends the act of March 2, 1903, 32 Stat. 937.) 559. Same Not to be deprived of forage, bedding, shoeing, or shelter, etc. Nothing in the Act making appropriations for the legis- lative, executive, and judicial expenses of the Government for the fiscal year nineteen hundred and seven, or any other Act, shall here- after be held or construed so as to deprive officers of the Army, wherever on duty in the military service of the United States, of forage, bedding, shoeing, or shelter for their authorized number of horses, or of any means of transportation or maintenance therefor for which provision is made by the terms of this Act. Act of Mar. 2, 1907 (34 Stat. 1166). 560. Same Not to be deprived of when officer is separated from through nature of his military service. Hereafter, when an officer is separated from his authorized number of owned horses through the nature of the military service upon which employed, they shall not be deprived of forage, bedding, shelter, shoeing, or medicines therefore, because of such separation. Act of Mar. 23, 1910 (36 Stat. 561. Same Transportation may be furnished for from point of purchase to point of officer's station. Hereafter transportation may be furnished for the owned horses of an officer, not exceeding the number authorized by law, from point of purchase to his station, when he would have been entitled to and did not have his authorized number of owned horses shipped upon his last change of station, and when the cost of shipment does not exceed that from his old to his new station. Act of Mar. 23, 1910 (36 Stat. 255) . 562. Extra-duty pay, rates. When soldiers are detailed for em- ployment as artificers or laborers in the construction of permanent military works, public roads, or other constant labor of not less than ten days' duration, they shall receive, in addition to their regular pay, the following compensation: [Fifty cents per day for me- chanics, artisans, school-teachers and clerks at Army, division, and MILITARY LAWS OF THE UNITED STATES. 229 department headquarters, and thirty-five cents per day for other clerks, teamsters, laborers, and others.] This allowance of extra pay shall not apply to the troops of the Ordnance Department. 1 Sec. 1287, R. 8., as amended ly acts of July 5, 1884 (23 Stat. 110), and. Mar 3, 1885 (id., 359}. 563. Same. Extra-duty pay hereafter shall be at the rate of fifty cents per day for mechanics, artisans, school-teachers, and clerks at Army, division, and department headquarters, and thirty-five cents per day for other clerks, teamsters, laborers, and others. 2 Acts of July 5, 1884 (23 Stat. 110); Mar. 2, 1885 (id., 359}. 564. Same Extra pay not to be paid to soldier receiving. Extra pay * * * shall not be paid to any enlisted man who receives extra-duty pay under existing laws or army regulations. Act of Mar. 2, 1907 (34 Stat. 1066} . 565. Extra-duty, details to ~be in writing. Working parties of soldiers shall be detailed for employment as artificers or laborers, in the construction of permanent military works or public roads, or in other constant labor only upon the written order of a commanding officer, when such detail is for ten or more days. Sec. 1235, R. S. 566. Same Details in field only with consent of commanding officer. Details to special service from forces in the field shall be made only with the consent of the commanding officer of the forces. Sec. 1236, R. S. 567. Same In war time, no additional compensation for. In war time no additional increased compensation shall be allowed to sol- diers performing what is known as extra or special duty. Sec. 6, Act of Apr. 26, 1898 (30 Stat. 365}. 568. Same Not entitled to while receiving the 20 per centum increase. Enlisted men receiving or entitled to the twenty per cen- tum increased pay herein authorized shall not be entitled to or re- 1 This section does not include company clerks. (47 Ct. Cls., 286.) For regu- lations governing working parties and extra-duty pay see pars. 168-177, A. It.. 1913. 2 Enlisted men of the several staff departments are not entitled to extra-duty pay for services rendered in the department to which they belong. To entitle them to such compensation they must be detailed by competent orders and must have performed duty in another department than that in which they are en- listed. Under existing orders enlisted men of the Ordnance Department are entitled to extra-duty pay when performing duty in the Quartermaster's De- partment. (Circular II, A. G. O., 1886; I, id., 1887, and par. 172, A. R., 1913.) Clerical services at Army, division, and department headquarters have, since the act of Juy 29, 1886 (24 Stat. 167), been performed by a corps of general- service clerks and messengers. By the act of August 6, 1894, this force ceased to exist as a part of the enlisted strength of the Army. The act of March 15, 1898 (30 Stat. 323), and prior acts of appropriation fix the sum that may be expended for the pay of extra-duty men at $200,000 per annum ; they also contain the requirement that " no payment of extra-duty pay shall be made at any greater rate per day than is fixed by law for the class of persons employed and the work done therein." 230 MILITARY LAWS OF THE UNITED STATES. ceive any additional increased compensation for what is known as extra or special duty. Act of May 26, 1900 (31 Stat. 211). 569. Civilian employees, restriction on employment. The number of and total sum paid for civilian employees in the Quartermaster's Department, including those paid from the funds appropriated for regular supplies, incidental expenses, barracks and quarters, army transportation, clothing, camp and garrison equipage, shall be limited to the actual requirements of the service, and no employee paid therefrom shall receive a salary of more than one hundred and fifty dollars per month, except upon the approval of the Secretary of War. 1 Act of Mar. 0, 1901 (31 Stat. 906). 570. Same. That the number of and total sum paid for civilian employees in the Quartermaster Corps, shall be limited to the actual requirements of the service, and that no employee therein shall re- ceive a salary of more than $150 per month, except upon the approval of the Secretary of War. Act of Mar. 2, 1913 (37 Stat. 714). 571. Clothing, President to prescribe uniform. The President may prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States. 2 Sec. 1296, R. S. 572. Same Gratuitous issue of. The Secretary of War may, on the recommendation of the Surgeon-General, order gratuitous issues of clothing to soldiers who have had contagious diseases, and to hos- pital attendants who have nursed them, to replace any articles of lr rhe act of March 3, 1885 (23 Stat. 359), restricted the number of civilian employees in this Department to 1,000; the act of February 12, 1895 (28 id., 661), restricted the payments for the services of civilian employees to $1,000,- 000, and provided that no employee should receive as salary more than $150 per month without the specific authority of law. (See p. 18, Bulletin 7, W. D.. 1913, for act of Mar. 2, 1913.) The amount to be expended for the payment of civilian employees was fixed at $1,600000 by the act of March 3. 1883 (22 Stat. 459) ; at $1,500,000 by the acts of July 5, 1SS4 (23 Stat. Ill), March 3, 1885 (23 Stat. 360), and June 30, 1886 (24 Stat. 98) ; at $1,300,000 by the acts of February 9, 1887 (24 Stat. 399). September 22, 1888 (25 Stat. 486), March 2, 1889 (25 Stat. 830), June 13, 1890 (26 Stat. 154). and February 24, 1891 (26 Stat. 776) ; at $1,200,000 by the acts of July 16, 1892 (27 Stat. 180), and February 27, 1893 (27 Stat. 484); at $1,100,000 by the act of August 6, 1894 (28 Stat. 240), and at $1,000,000 by the acts of February 12, 1895 (28 Stat. 661), March 16. 1896 (29 Stat. 66), March 2, 1897 (id., 614), and March 15, 1898 (30 id., 323) ; by the acts of June 7, 1898 '30 id., 433), March 3, 1899 (id., 1350), and February 24, 1900 (31 id., 32), the restrictions imposed in the statutes above referred to were suspended, in the discretion of the Secretary of War or subject to the further order of Congress, until June 30, 1901. For provision replacing civilian employees of the Quartermaster Corps with master electricians, first-class sergeants, sergeants, corporals, first-class privates, and privates, see paragraph 505, ante. a Under authority conferred by this section the President directed that cam- paign badges with ribbons be issued as articles of uniform to officers and en- listed men in the service. (See G. O. No. 4, War Dept., 1905, as amended by G. O. 129, War Dept., 1908. See, also, Circular No. 82, War Dept, 1908, and G. O. Nos. 96 and 97, War Dept, 1909. For decision of Jttdge-Advoeate-Genera] relative to campaign badges forming a portion of the prescribed uniform, etc., see Dig. Op. J. A. G., 1912, p. 668. MILITARY LAWS OF THE UNITED STATES. 231 their clothing destroyed by order of the proper medical officers to prevent contagion. 1 Sec. 1298, R. S. 573. Same Quarterly returns of. Every officer who receives clothing or camp equipage for the use of his command, or for issue to the troops, shall render to the Quartermaster-General, at the expiration of each regular quarter of the year, quarterly returns of such supplies, according to the forms which may be prescribed, accompanied by the requisite vouchers for any issues which shall have been made. 2 Sec. 1%%1, R. S., as amended ~by Act of Mar. *29, 1894 (28 Stat. 47}. 574. Same Allowance of. The money value of all clothing over- drawn by the soldier beyond his allowance shall be charged against him, every six months, on the muster roll of his company, or on his final statements if sooner discharged, and he shall receive pay for such articles of clothing as have not been issued to him in any year, or which may be due to him at the time of his discharge, according to the annual estimated value thereof. The amount due him for clothing, when he draws less than his allowance, shall not be paid to him until his final discharge from the service. 3 Sec. 1302, R. S. 575. Same Balance payable at discharge. The amounts of de- posits and clothing balances accumulating to the soldier's credit under sections thirteen hundred and two and thirteen hundred and 1 See act of June 30, 1902 (32 Stat. 517), and subsequent Army appropriation acts providing for indemnity to officers and men of the Army for clothing and. bedding, and so forth, destroyed since April 22, 1898, by order of medical officers of the Army for sanitary reasons. For regulations governing gratuitous issues of clothing see paragraphs 1172, 1173, and 1455, A. R., 1913. The act of April 27, 1914 (Pub. No. 91, 38 Stat. ), and prior Army appro- priation acts for a number of years, provide "for a suit of citizen's outer clothing, to cost not exceeding $10, to be issued upon release from confinement under a court-martial sentence involving dishonorable discharge." Where the clothing of certain enlisted men of volunteers was destroyed near Santiago, Cuba, in 1898, by order of the proper military authority, on account of having been exposed to contagion, and replaced by new clothing which was charged to the enlisted men receiving it on their clothing accounts, it was decided by the Comptroller of the Treasury, November 28, 1900, that the issue was proper under the circumstances of the case, and that the charges therefor in the clothing accounts were erroneous and should be canceled. (Circular No. 51, A. G. O., 1900.) a For regulations providing that tables showing the price of clothing and equipage for the Army, the allowance of clothing in kind to each soldier for each year of his enlistment, and his clothing money allowance for each year, month, and day, also the allowance of equipage to officers and enlisted men, will be published in circulars from the office of the Chief of the Quartermaster Corps; and as to estimates for and issues of clothing, etc., see paragraphs 1146-1173, A. R., 1913. 3 For regulations respecting clothing accounts, see paragraphs 1157-1166 and 1169, Army Regulations, 1913. The Quartermaster Corps is authorized to pay from the appropriation for clothing and equipage a sum not exceeding $1.50 for the laundry work of each recruit who has no funds of his own at recruiting stations, recruit depots, and recruit posts. The expenditure will be charged on the clothing account of the recruit and so noted on his descriptive and assignment card. (Par. 1169, A. R., 1913.) 232 MILITARY LAWS OF THE UNITED STATES. five shall, when payable to him upon his discharge, be paid out of the appropriations for " pay of the Army " for the then current fiscal year. Sergeants of ordnance shall receive the same allowance of clothing as other sergeants in like staff departments. Sec. 1308, R. $., as amended by Act of July 16, 1892 (27 Stat. 178). 576. Same To be paid out of appropriation for pay of Army for the then current fiscal year. Clothing balances accumulating to the soldier's credit under section thirteen hundred and two shall, when payable to him upon his discharge, be paid out of the appropriation for pay of the Army for the then current fiscal year. Act of June 12, 1906 (34 Stat., 246). (This paragraph amends section 1308 of the Revised Statutes.) 577. Same Altering. It shall be lawful for the commanding officer of each regiment, whenever it may be necessary, to cause the coats, vests, and overalls or breeches which may from time to time be issued to and for his regiment to be altered and new made, so as to better to fit them to the persons respectively for whose use they shall be delivered; and for defraying the expense of such alterations, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty-five cents for each coat, eight cents for each vest and for each pair of overalls or breeches. Sec. 1220, ft.S. 578. Same Limit of cost. Hereafter the regimental price fixed for altering and fitting soldiers' clothing shall not exceed the cost of making the same at the clothing depot. 1 Act of Mar. 2, 1889 (25 Stat. 831}. 579. (None.) SUBSISTENCE DEPARTMENT. 580. Organization. The Subsistence Department shall consist of one Commissary-General of Subsistence with rank of brigadier- general, three assistant commissaries-general with the rank of colonel, four deputy commissaries-general with the rank of lieutenant-colonel, nine commissaries with the rank of major, twenty-seven commis- saries with the rank of captain, mounted, the number of commissary- sergeants now authorized by law, who shall hereafter be known as post commissary-sergeants. 2 Sec. 1140, R. S., as amended by sec. 17, act of Feb. 2, 1901 (31 Stat. 1 See paragraph 1262, public property, for provisions relative to the sale, barter, exchange, pledge, loan or gift of clothing. See under chapter on Articles of War, the seventeenth Article of War, as to punishment of soldier who sells or through neglect loses or spoils his clothing, etc. * For consolidation of the Quartermaster's Subsistence, and Pay Department, see paragraph 499, ante. For provision that when the first vacancy in the grade of brigadier general in the Quartermaster Corps, except a vacancy caused by the expiration of a limited term of appointment, shall hereafter occur that vacancy shall not be MILITARY LAWS OF THE UNITED STATES. 233 581. Same Promotions, details. So long as there remain any officers holding permanent appointments in the * * * Subsist- ence Department * * * including those appointed to original vacancies in the grades of captain and first lieutenant under the pro- visions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such pro- motions or to the periods for which the officers so promoted shall hold their appointments. 1 Sec. 26, id., 755. 582. Same Details. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps. 2 Id. filled, but the office in which the vacancy occurs shall immediately cease and determine. (See paragraph 502, ante, sec. 3, act of Aug. 24, 1912 (37 Stat. 591).) For provision as to the number of officers in the grades of colonel, lieutenant colonel, major, and captain in the Quartermaster Corps, see paragraph 497, ante. Section 17 of the act of February 2, 1901 (31 Stat. 752), contained the re- quirement that " all vacancies in the grades of colonel, lieutenant-colonel, and major, created or caused by this act, shall be tilled by promotion, according to, seniority, as now prescribed by law ; " the same enactment also contained the proviso that " to fill vacancies in the grade of captain created by this act, the President is authorized to appoint officers of volunteers commissioned in the Subsistence Department since April 21, 1898." Section 2 of the act of July 7, 1898 (30 Stat. 715), authorized the Subsistence Department of the volunteer service to be increased " during the present war, and not to exceed one year thereafter, eight majors and twelve captains for the discharge of such subsistence duties as may be assigned to them by the Secretary of War, to be nominated and, by and with the advice and consent of the Senate, to be appointed by the President." The same statute contained the requirement that " during the existence of the present war, and for not exceeding one year thereafter, every commissary of subsistence, of whatever rank, who shall be assigned to the duty of purchas- ing and shipping subsistence supplies at important depots, shall have the rank next above that held by him and not above colonel, but the number so assigned shall only be such as may be found necessary, not exceeding twelve; also that the two commissaries of subsistence who may be detailed as assistants to the Commissary-General of Subsistence, shall have the rank of colonel: Provided, That when any such officer is relieved from said duty, his temporary rank, pay, and emoluments shall cease, and he shall return to his lineal rank in the Department." These statutes were repealed by section 11, act of March 2, 1899 (30 Stat. 979). For the volunteer subsistence staff, see the act of March 2, 1899 (30 id., 979). See, also, the Act of Apr. 25, 1914 (Pub. No. 90, 38 Stat. ), to provide for raising the volunteer forces of the United States in time of actual or threatened war. 1 For provision governing filling of vacancies in the Quartermaster Corps, and providing that when the vacancy occurs in a grade not above that of colonel it shall be filled, if possible, by the promotion of an officer who would have been entitled to promotion to that particular vacancy if the consolidation of the departments had not occurred, see paragraph 495, ante. 2 Section 17 of the act of February 2, 1901, contained a provision excepting vacancies caused by that enactment from the operation of this section. Such vacancies are filled by the President under his constitutional power to appoint, as modified by the acts of August 6, 1894 (28 Stat. 234), February 2, 1901 (sec. 17), and the act of March 3, 1901. 234 MILITARY LAWS OF THE UNITED STATES. 583. Same Details, grade. Such details shall be made from the grade in which the vacancies exist, under such system of examina- tion as the President may, from time to time, prescribe. 1 Id. POST COMMISSARY-SERGEANTS. 2 584. Same Post commissary -sergeants. The Secretary of War is authorized to select from the sergeants of the line of the Arni}^ who shall have faithfully served therein five years, three years of which in the grade of noncommissioned officers, as many commissary- sergeants as the service may require, not to exceed one for each mili- tary post or place of deposit of subsistence supplies, whose duty it shall be to receive and preserve the subsistence supplies at the posts, under the direction of the proper officers of the Subsistence Depart- ment, and under such regulations as shall be prescribed by the Secre- tary of War. The commissary-sergeants hereby authorized shall be subject to the rules and articles of war, and shall receive for their services the same pay and allowances as ordnance-sergeants. 3 Sec. , R. S. 1 For regulations respecting details to the staff see the articles so entitled in the chapter relating to the staff departments. Civil employees. The employment of civilians in the Subsistence Department is regulated by the annual acts of appropriation. The amount to be expended for such services was fixed at $105,000 in the acts of March 3, 1883, July 5, 1884, March 3, 1885, and June 30, 1886; at $110.000 by the acts of February 9, 1887, September 22, 1888, March 2, 1889, June 13, 1890, February 24, 1891, July 16, 1892, and February 27, 1893, and at $100,000 by the acts of August 6, 1894, February 12, 1895, and March 16, 1896. For provision replacing civilian employees of the Quartermaster Corps with master electricians, first-class sergeants, sergeants, corporals, first-class pri- vates, and privates of the Quartermaster Corps, see paragraph 505, ante. * For provision that post commissary sergeants shall hereafter be known as quartermaster sergeants of the Quartermaster Corps, see paragraph 496, ante. 3 For regimental commissary-sergeants of cavalry, see section 2, act of Febru- ary 2, 1901 (31 Stat. 748) ; for regimental commissary-sergeants of infantry, see section 10 of the same enactment. The act of June 30, 1882 (22 Stat. 123), authorizes the detail of one commissary-sergeant to act as assistant to the com- missary of cadets at the Military Academy. By General Orders No. 17, A. G. O., of February 16, 1900, the number of post commissary-sergeants was fixed at 165; by General Orders No. 59, A. G. O., of May 3, 1900, the number was increased to 200. General Orders No. 1, A. G. O., of 1900, contains the requirement that " at military posts and stations and in the field the regimental commissaries and regimental commissary-sergeants of cavalry and infantry legiments will perform the necessary work of their respective offices in the sub- sistence department at the stations of the headquarters of their regiments, and no commissary-sergeants of the general staff will be assigned to posts at which there is a regimental headquarters, except under unusual conditions." Section 1142, Revised Statutes, provides for the selection of commissary ser- geants from among the sergeants of the line who have served faithfully therein for five years, three of which shall have been in the grade of noncommissioned officer. The act of July 5, 1884 (23 Stat. 109), provides for the appointment of post quartermaster sergeants upon the recommendation of the Quartermaster General, the same to be selected by examination from among the most com- petent enlisted men of the Army having at least four years' service, and whose character and education shall be such as to fit them to take charge of public property and to act as clerks and assistants to post and other quartermasters. Commissary sergeants were afterwards by law designated as post commissary MILITARY LAWS OF THE UNITED STATES. 235 585. Same Increase in number of. Two hundred post commis- sary-sergeants, at four hundred and eight dollars each, eighty-one thousand six hundred dollars. Act of Apr. 23, 1904 (33 Stat. 261}. 586. Duties to make purchases and issues? It shall be the duty of the officers of the Subsistence Department, under the direction of the Secretary of War, to purchase and issue to the Army such sup- plies as enter into the composition of the ration. Sec. 1141, R. S. SUBSISTENCE STORES. 587. Same Sales to officers and enlisted men. The officers of the Subsistence Department shall procure and keep for sale to officers and enlisted men at cost prices, for cash or on credit, such articles as may from time to time be designated" by the inspectors-general of the Army. An account of all sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Pay- master-General. 2 Sec. H44-, ft* $ 588. Same Sale to officers and enlisted men of Navy and Marine Corps. That the officers and the enlisted men of the Navy and the Marine Corps shall be permitted to purchase subsistence supplies at the same price as is charged the officers and the enlisted men of the sergeants and included in the Subsistence Department, and post quartermaster sergeants were by law incorporated into the Quartermaster's Department. Sec- tion 3 of the Army appropriation act of August 24, 1912 (37 Stat. 591), con- solidates the Quartermaster's, Subsistence, and Pay Departments of the Army into a single corps, to be known as the Quartermaster Corps, and changes the designations of post commissary sergeants and post quartermaster sergeants to quartermaster sergeants. It provides also that the duties now required by law to be performed by officers of said several departments shall hereafter be performed by such officers of the Quartermaster Corps as the Secretary of War may designate for that purpose. Held, that the consolidation of said depart- ments into a single corps and the changing of the designation of said sergeants to that of quartermaster sergeant did not repeal the requirements regarding the appointment of said sergeants, respectively, and that in filling the position of quartermaster sergeant in the consolidated corps the requirements of both of said statutes with respect to the qualifications and methods of selection should be observed, adopting the higher qualifications and observing the more restricted field of selection when the two statutes contain different provisions upon the subject. (Bulletin No. 1, Dig. Opins., J. A. G., Jan. 20, 1913.) 1 For provision that such duty or duties as are now required by law to be performed by any officer or officers of the Quartermaster's, Subsistence, or Pay Departments shall hereafter be performed by such officer or officers of the Quartermaster Corps as the Secretary of War may designate for the purpose, see paragraph 500, ante. For provision that regimental, battalion, and squadron commissary sergeants shall, in the discretion of the Secretary of War, be required to perform any duties that noncommissioned officers or pay clerks of the Quartermaster Corps may properly be required to perform, see paragraph 406, ante. For definition of subsistence stores in bulk, and regulations governing authorized issues and sales of same, see paragraphs 1194-1201, A. R., 1913. For general provisions ivspiM-ting the procurement of supplies, see the chapter entitled contracts and purchases. 2 For provisions that the purchase of all supplies, except in cases of emer- gency or where it is impracticable to secure competition, shall only be made after advertisement, etc., see chapter on contracts and purchases, paragraph , post- 236 MILITARY LAWS OF THE UNITED STATES. Army; and the officers and the enlisted men of the Army shall be permitted to purchase subsistence supplies from the Navy and Marine Corps at the same price as is charged the officers and the enlisted men of the Navy and Marine Corps. Act of Apr. 27, 1914 (38 8 tat. 361). 589. Same Sales of exceptional articles. Hereafter exceptional articles of subsistence stores for officers and enlisted men, which are to be paid for by them, regardless of condition upon arrival at posts, may, under regulations to be prescribed by the Secretary of War, be obtained by open purchase without advertising. Act of Feb. 12, 1895 (28 Stat.658}. 590. Same Issues to seamen and marines. The officers of the Subsistence Department shall, upon the requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with the land troops, and during the time such detachment is so acting or proceeding to act, furnish rations to the officers, seamen, and marines of the same. Sec. 1143, R. S. 591. Saine Purchasing officers not to trade in articles of sub- sistence. No officer belonging to the Subsistence Department, or doing the duty of a subsistence officer, shall be concerned, directly or indirectly, in the purchase or sale of any article entering into the com- position of the ration allowed to troops in the service of the United States, or of any article designated by the inspectors-general of the Army, and furnished for sale to officers and enlisted men at cost prices, or of tobacco furnished for sale to enlisted men, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law. Sec. 1150, R. S. DUTIES. 592. Same May keep, at their own risk, in their personal posses- sion, restricted amounts for disbursement. Hereafter officers in- trusted with the disbursement of funds for the subsistence of the Army are hereby authorized to keep, at their own risk, in their personal possession for disbursement, such restricted amounts of subsistence funds for facilitating payments of small amounts to public creditors as shall from time to time be authorized by the Sec- retary of War. Act of Mar. 2, 1907 (34 Stat. 1166). 593. Ration President to prescribe components. The President is hereby authorized to prescribe the kinds and quantities of the component articles of the army ration, and to direct the issue of substitutive equivalent articles in place of any such components when- MILITARY LAWS OF THE UNITED STATES. 237 ever, in his opinion, economy and due regard to the health and com- fort of the troops may so require. 1 Sec. 40, Act of Feb. 2, 1901 (31 Stat. 758). 594. Same Special, for soldiers recovering from ill health, etc. For difference between the cost of the ration at twenty -five cents and the cost of rations differing in whole or in part from the ordinary ration, to be issued to enlisted men in camp in the United States during periods of recovery from low conditions of health conse- quent upon service in unhealthy regions or in debilitating climates (to be expended only under special authority of the Secretary of War) ; and for ice to organizations of enlisted men stationed at such places as the Secretary of War may determine; in all, seven million dollars, to be expended under the direction of the Secretary of War, and accounted for as " Subsistence of the Army," and for that pur- pose to constitute one fund. 2 Act of Apr. 23, 1904 ($3 Stat. 268). 595. Same Emergency, when issued, to be in addition to regu- lar. Hereafter the emergency ration prescribed for use on emergent occasions shall, when issued, be furnished in addition to the regular ration under such regulations as may be prescribed by the Secretary of War. Act of Mar. 2, 1907 (34 Stat. 1165). 596. Same Enlisted men to receive per day. Enlisted men shall be entitled to receive one ration daily. 3 Sec. 1293, R. S. 597. Same No enlisted man to receive more than one per day. Hereafter no enlisted man shall be entitled to more than one ration daily.* Act of July 16, 1892 (27 Stat. 178). 598. Same Hospital matrons, members of female nurse corps, and nurses employed in post and regimental hospitals, one. Hospital 1 This enactment replaces the requirement of section 1146, Revised Statutes, which authorized the President to " make such alterations in the component parts of the ration as a due regard to the health and comfort of the Army and economy may require." See paragraph 1205, Army Regulations, 1913, for the kinds and quantities of articles composing the Army ration and the substitutive equivalent articles which may be issued in place of such components. The tables show the garri- son ration, the field ration, and the travel ration. 2 On the subject of rations, see General Orders 57, War Department, 1910. 3 Issues to civilians. For regulations relative to issue of rations to civilian employees, see section 5, paragraph 733, and paragraphs 1211 and 1213, A. R., 1913. Private persons not connected with the Army are not entitled to be subsisted at the expense of the United States, either while in quarantine hospitals or otherwise. (5 Comp. Dec., 191.) A civilian employee of the Army engaged to accompany a scientific expedition at a salary of $125 per month is not entitled to subsistence, but, like a commis- sioned officer, must subsist himself. (Herendeen v. U. S., 28 Ct. Cls., 348.) 4 Under General Orders No. 73, A. G. O., of 1879, an officer of the Army to whom a sum of money has been advanced for supplying enlisted men with liquid coffee for the estimated number of days' travel at the rate of 21 cents per day each while traveling, is authorized to turn over to the company com- manders for the benefit of the company funds any balance of such sum remain- ing unexpended at the end of the travel. (6 Comp. Dec., 369.) 238 MILITARY LAWS OF THE UNITED STATES. matrons and the nurses employed in post or regimental hospitals | and members of the female nurse corps] shall be entitled to receive one ration daily. Sec. 1295, R. S., as amended by sec. 19, Act of Feb. 2,1901 (31 Stat.753}. 599. Same President may authorize issuance of to Indians at military posts. The President is authorized to cause such rations as he deems proper, and as can be spared from the army provisions without injury to the service, to be issued under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations, and a special account of these issues shall be kept and rendered. 1 Sec. 2110, R. S. 600. Same Of sugar and coffee, when issued in kind, to be issued weekly. The ration of sugar and coffee where issued in kind, shall, when the convenience of the service permits, be issued weekly. Sec. 1148, R. S. 601. Same May be commuted to extract of coffee. The Secre- tary of War may commute the ration of coffee and sugar for the ex- tract of coffee combined with milk and sugar, if he shall believe such commutation to be conducive to the health and comfort of the Army, and not to be more expensive to the Government than the present ration ; provided the same shall be acceptable to the men. Sec. 11 ^7, R. S. 602. Same Commutation of. For each ration of sugar and coffee not issued, nor commuted for the extract of coffee combined with milk and sugar, enlisted men shall be paid in money. 2 Sec. 1294, R. S. 603. Same To be made at cost. Hereafter all sales of subsistence supplies to officers and enlisted men shall be made at cost price only ; 1 Former editions of the Army Regulations provided that small quantities of food (articles of the ration) may, on the order of the commanding officer, be issued to Indians visiting a military post, but the present regulations provide that supplies, stores, and property of any kind procured out of Army appro- priations will not be transferred, in any way or under any circumstances, for the use of Indians except under authority first obtained from the Secretary of War. 2 Commutation in the military or naval service is money paid in substitution of something to which an officer, soldier, or sailor is entitled. Commutation, being regulated by statutes and regulations, can not be allowed by inferior authority. The principle which governs the commutation of rations in lieu of subsistence is that commutation will not be allowed where subsistence in kind is provided by the Government. (Jaekle v. U. S., 28 Ct. Cls., 133.) For regulations governing the commutation of rations, see pars. 1223-1238, A. R., 1913. A claim for commutation of rations on furlough can not be allowed without the production of the furlough issued, or other satisfactory evidence that pay- ment has not been made. The burden of proof rests upon the claimant to estab- lish the validity of his claim by something more than his unsupported state- ments. (1 Comp. Dec., 513.) A soldier who has been granted a furlough to expire upon the arrival of his regiment in the United States, is entitled to commutation of rations until he receives notice of its arrival and for a time thereafer sufficient to enable him to join it. (5 Comp. Dec., 941.) MILITARY LAWS OF THE UNITED STATES. 239 and the cost price of each article shall be understood, in all cases of such sales, to be the invoice price of the last lot of that article received by the officer making the sale prior to the first day of the month in which the sale is made. 1 Act of July 5, 1884 ($ Stat. 108). 604. Same To another bureau or department. Hereafter when under the Army Regulations subsistence supplies are furnished to another bureau of the War Department, or to another executive department of the Government or employees thereof, payment there- for shall be made in cash by the proper disbursing officer of the bureau, office, or department concerned, or by the employee to whom the sale is made. When the transaction is between two bureaus of the War Department the price to be charged shall be the contract or invoice price of the supplies. ^When the transaction is between the Subsistence Department and another executive department of the Government or employees thereof, the price to be charged shall include the contract or invoice price and ten per centum additional to cover wastage in transit, and the cost of transportation. Act of Mar. 3, 1911 (36 Stat. 1047). 605. Same Of rations to officers in field. Commissioned officers of the Army, serving in the field, may purchase rations for their own use, from any commissary of subsistence, on credit, at cost prices; and the amounts due for such purchases shall be reported monthly to the Paymaster-General. 2 Sec. 1145) R> S. "Under the act of March 3, 1875 (18 Stat. 410), the proceeds of all sales of subsistence supplies are exempt from being covered into the Treasury, and are immediately available for the purchase of fresh supplies. (3 Dig. 2d Comp. Dec., par. 1259.) Under the act of March 3, 1875 (18 Stat. 410), the proceeds of all sales of subsistence supplies, being exempt from being covered into the Treasury, revert to the appropriation " Subsistence of the Army," out of which they were originally expended, and are applicable to the purpose for which they are appropriated by law, namely, the purchase of fresh supplies only during the fiscal year for which the appropriation to which they revert is available, for which purpose they are immediately available without the intervention of a repay warrant. (Id.) The subsistence supplies contemplated by the provision of the act of March 3, 1875 (18 Stat. 410), declaring the proceeds of all sales of such supplies im- mediately available for the purchase of fresh supplies, comprise not only the supplies dernoninated " subsistence stores," but also the necessary means for handling, preserving, issuing, selling, and accounting for these supplies, as tools, scales, measures, utensils, stationery, safes, office furniture, etc. (Id. 1336.) 2 The acts of June 23, 1879, and May 4, 1880, contained the requirement that 10 per cent of the cost price should be added to the cost of all stores (except tobacco) sold to officers and enlisted men, to cover wastage, transportation, and other incidental charges (21 Stat. 32, 111). This provision w;is repealed by the act of July 5, 1884, above cited. To a civilian employed with the Army at a remote place, where food can not otherwise be procured, stores will be sold for cash, in limited quantities, for his own use, at invoice or contract prices. (Par. 1245, A. R., 1913.) The amounts due for such sales to be de- ducted from the next payment to the officer or enlisted man. (See paragraphs 692, and 725, post.) For statutory regulation of the purchase of exceptional articles of subsistence see the act of February 12, 1895 (28 Stat. 658). Paragraph 589, ante.) 240 MILITARY LAWS OF THE UNITED STATES. 606. Same Of tobacco to enlisted men. Tobacco shall be fur- nished to the enlisted men by the commissaries of subsistences, at cost prices, exclusive of the cost of transportation, in such quantities as they may require, not exceeding sixteen ounces per month. Sec. 1149, R. S. 607. Same To be immediately available. So much of the appro- priation for subsistence of the Army as may be necessary may be applied to the purchase of subsistence stores for sale to officers for the use of themselves and their families, and to commanders of com- panies or other organizations, for the use of the enlisted men of their companies or organizations and the proceeds of all sales of subsistence supplies shall hereafter be exempt from being covered into the Treasury and shall be immediately available for the pur- chase of fresh supplies. 1 Act of Mar. 3, 1875 (18 Stat. 410). 608. Same Statement of proceeds not to ~be reported to the Secre- tary of Treasury. That hereafter the provisions of section five of the act of June thirtieth, nineteen hundred and six 2 (Thirty- fourth Statutes, page seven hundred and sixty-three), shall not be con- strued to apply to the Subsistence Department. Act of Aug. %4? 1912 (37 Stat. 579). 609. Same Proceeds of sales of, disposition of. That hereafter all moneys arising from sales of subsistence supplies or stores, au- 1 Under the act of March 3, 1875 (18 Stat. 410), the proceeds of all sales of subsistence supplies are exempt from being covered into the Treasury, and are immediately available for the purchase of fresh supplies. (3 Dig. 2d Comp. Dec., par. 1259.) Under the act of March 3, 1875 (18 Stat. 410), the proceeds of all sales of subsistence supplies, being exempt from being covered into the Treasury, revert to the appropriation " Subsistence of the Army," out of which they were orig- inally expended, and are applicable to the purpose for which they are appro- priated by law, namely, the purchase of fresh supplies only during the fiscal year for which the appropriation to which they revert is available, for which purpose they are immediately available without the intervention of a repay warrant. (Id.) The subsistence supplies contemplated by the provision of the act of March 3, 1875 (18 Stat. 410), declaring the proceeds of all sales of such supplies imme- diately available for the purchase of fresh supplies, comprise not only the sup- plies denominated " subsistence stores," but also the necessary means for handling, preserving, issuing, selling, and accounting for these supplies, as tools, scales, measures, utensils, stationery, safes, office furniture, etc. (Id. 1336.) 2 These provisions are as follows: Hereafter the Secretary of the Treasury shall require, and it shall be the duty of the head of each executive department or other Government establishment to furnish him, within 30 days after the close of each fiscal year, a statement of all money arising from proceeds of public property of any kind or from any source other than the Postal Service, received by said head of department of other Government establishment during the previous fiscal year for or on account of the public service, or in any other manner in the discharge of his official duties other than as salary or compensa- tion, which was not paid into the General Treasury of the United States, to- gether with a detailed account of all payments, if any, made from such funds during such year. All such statements, together with a similar statement applying to the Treasury Department, shall be transmitted by the Secretary of the Treasury to Congress at the beginning of each regular session. Sec. 5, act of June 30, 1906 (34 Stat. 763). MILITARY LAWS OF THE UNITED STATES. 241 thorized by law and regulations, shall be covered into the Treasury to the credit of the proper appropriation and shall remain available throughout the fiscal year following that in which the sales were effected, for the purposes of that appropriation from which such sup- plies or stores were authorized to be supplied at the time of the sales. Act of Apr. 27, 1914 (38 Stat. 361). 610. Line officers shall superintend cooking for enlisted men. The line officers of the Army shall superintend the cooking done for the enlisted men. 1 Sec. 1234, R- S- 611. Commutation of rations to enlisted men on furlough, etc. For the payment of the regulation allowances for commutation of rations in lieu of rations : To enlisted men on furlough ; to ordnance- seregeants on duty at ungarrisoned^posts ; to enlisted men and male and female nurses stationed at places where rations in kind can not be economically issued; to enlisted men traveling on detached duty when it is impracticable to carry rations of any kind; to enlisted men selected to contest for places or prizes in department and army rifle competitions while traveling to and from places of contests; and to male and female nurses on leaves of absence, to be expended under the direction of the Secretary of War. Act of Mar. 2, 1901 (31 Stat. 904). 612. Same For members of female nurse corps, etc. For pay- ment of commutation of rations in lieu of the regular established ration for members of the Nurse Corps (female) while on duty in hospital, and for enlisted men, applicants for enlistment held under observation, and general prisoners sick therein, at the rate of thirty cents per ration (except that at the General Hospital at Fort Bayard, New Mexico, fifty cents per ration is authorized for enlisted patients in said hospital) to be paid to the surgeon in charge, * * * dollars. Act of Mar. 2, 1907 (34 Stat. 1166). (See General Orders 57, War Department, 1910.) THE PAY DEPARTMENT. 613. Organization. The Pay Department shall consist of one Pay- master-General with the rank of brigadier-general, three assistant 1 Section 1233, Revised Statutes, which required cooks to be detailed, in turn, from the privates of each company was repealed by the act of June 29, 1879 (20 Stat., ch. 24, p. 276). (See G. O. 94, A. G. O., 1898.) The act of July 7, 1898 (30 Stat. 721), authorized the enlistment of one cook in each company in the military establishment. Such cook was to have the rank and receive the pay of a corporal. This statute was replaced by the act of March 2, 1899 (30 Stat. 977), which authorized two cooks to be enlisted in each troop of cavalry, battery of artillery, and company of infantry of the Regular and Volunteer establishments. By section 9 of the act of March 2, 1899, the cooks so enlisted were to have the pay of sergeants of infantry. That medical officers shall unite with officers of the line in superintending the cooking done by enlisted men. (See par. 743, post.) 48085 15 16 242 MILITAKY LAWS OF THE UNITED STATES. paymasters-general with the rank of colonel, four deputy paymasters- general with the rank of lieutenant-colonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain mounted. 1 Sec. 21, Act of Feb. 2, 1901 (31 Stat. 754). 614. Same Additional. When volunteers or militia are called into the service of the United States, and the officers of the Paymas- ter's Department are not deemed by the President sufficient for the punctual payment of the troops, he may appoint, by and with the advice and consent of the Senate, and add to said corps as many paymasters, to be called additional paymasters with the rank of major, not exceeding one for every two regiments of volunteers or militia, as he may deem necessary. Sec. 118^ R. S. 615. Same Service to ~be temporary. Additional paymasters shall be retained in service only so long as they may be required for the payment of volunteers and militia, as provided herein. Sec. 1185 R.S. 616. Sam,e Promotions and transfers. So long as there remain any officers holding permanent appointments in the * * * Pay Department * * * including those appointed to original vacan- cies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promo- tions, or to the periods for which the officers so promoted shall hold their appointments. 2 Sec. 86, Act of Feb. <2, 1901 (31 Stat. 755). 'Sectional of the act of February 2, 1901 (31 Stat. 754), contains the re- quirement that " all vacancies in the grade of colonel and lieutenant-colonel created or caused by this section shall be filled by promotion according to seniority, as now prescribed by law, and no more appointments to the grade of major and paymaster shall be made until the number of majors and pay- masters is reduced below twenty : And provided, That persons who have served in the Volunteer Army since April twenty-first, eighteen hundred and ninety- eight, as additional paymasters may be appointed to positions in the grade of captain created by this section. So long as there remain surplus majors an equal number of vacancies shall be held in the grade of captain, so that the total number of paymasters authorized by this section shall not be exceeded at any time." For requirements of law in respect to appointments in this department as it existed prior to the approval of the act of February 2, 1901, see section 7 of the act of March 2, 1899 (30 Stat. 979). For a statutory exten- sion of the field of selection, as indicated in section 21 of the act of February 2, 1901, see the act of March 2, 1901, par. 373, ante. For provision that when the first vacancy in the grade of brigadier-general in the Quartermaster Corps, except a vacancy caused by the expiration of a limited term of appointment, shall hereafter occur that vacancy shall not be filled, but the office in which the vacancy occurs shall immediately cease and determine, see paragraph 502, ante. (Sec. 3, Act of Aug. 24, 1912, 37 Stat. 591.) For provision as to the number of officers in the grades of colonel, lieutenant colonel, major, and captain in the Quartermaster Corps, see paragraph 497, ante. 2 For provision governing filling of vacancies in the Quartermaster Corps, and providing that when the vacancy occurs in a grade not above that of colonel It shall be filled, if possible, by the promotion of an officer who would have been MILITARY LAWS OF THE UNITED STATES. 243 617. Same Details. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in these departments or corps. 1 Id. 618. Same. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the Presi- dent may, from time to time, prescribe. 2 Id. 619. Same Duties of Paymaster-General. The Paymaster-Gen- eral shall perform the duties of his office under the direction of the President. 3 Sec. 1186, R. S. 620. Same Deputy paymasters-general. The deputy paymasters- general shall, in addition to paying, troops, superintend the payment of armies in the field. 4 Sec. 1187, R. S. 621. Sa?ne Paymasters. The paymasters and additional paymas- ters shall pay the regular troops, and shall pay all other troops in the service of the United States, when required to do so by order of President. Sec. 1188, R. S. 622. Same To disburse all money for pay of Army. All the money hereinbefore appropriated for pay of the Army and miscel- laneous, except the appropriation for mileage of officers and contract surgeons when authorized by law, shall be disbursed and accounted for by officers of the Pay Department as pay of the Army, and for that purpose shall constitute one fund. 5 Act of Mar. 3, 1911 (36 Stat. 1044) . entitled to promotion to that particular vacancy if the consolidation of the de- partments had never occurred, see paragraph 495, ante. For statutory regulations respecting examinations for promotion, see the title examinations for promotion, in the chapter entitled The Staff Departments. 1 For provisions relative to filling vacancies in -the Quartermaster Corps by detail, see paragraphs 495, 490, and 497, ante. 2 For statutory regulations respecting details to the staff, see the title Details to the staff in the chapter entitled The Staff Departments. 3 For provision that such duty or duties as are now required by law to be performed by any officer or officers of the Quartermaster's, Subsistence, or Pay Departments shall hereafter be performed by such officer or officers of the Quatermaster Corps as the Secretary of War may designate for the purpose, see paragraph 500, ante. * Paymasters of the Army are the financial agents of the Government, and their disbursements, represented by vouchers, are examined and scrutinized by the Comptroller, whose duty it is finally to determine whether or not any particular disbursement shall be credited to the officer. In charging an officer, or refusing him credit for erroneous disbursements, the question of proper care invariably enters into consideration in arriving at a decision. The right to determine that question is a most essential feature of the functions of the Comptroller. (3 Dig. 2d Comp. Dec., par. 8.) For provision that such duty or duties as are now required by law to be performed by any officer or officers of the Quartermaster's, Subsistence, or Pay Departments shall hereafter be performed by such officer or officers of the Quartermaster Corps, as the Secretary of War may designate for the purpose, see paragraph 500, ante. Tor provision that such duty or duties as are now required by law to be performed by any officer or officers of the Quartermaster's, Subsistence, or Pay 244 MILITARY LAWS OF THE UNITED STATES. 623. Same Examination of accounts of paymasters. Hereafter all the accounts of individual paymasters shall be analyzed under the several heads of the appropriation and recorded in detail by the Paymaster-General of the Army before said accounts are forwarded to the Treasury Department for final audit, and the Secretary of War may hereafter authorize the assignment to duty in the office of the Paymaster-General, not to exceed five, paymasters' clerks, now authorized by law. Act of Mar. 2, 1905 (33 Stat. 832} . 624. Same Right to command. Officers of the Pay Department shall not be entitled, in virtue of their rank, to command in the line or in other staff corps. 1 Sec. 1183 R. S. 625. Same Arrear shall not exceed two months. The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoid- able. 2 Sec. 1189, R. S. 626. Same Rule for division of time and computation of. Here- after, where the compensation of any person in the military service of the United States is annual or monthly the following rules for division of time and computation of pay for services rendered are hereby established : Annual compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payments for a fractional part of a montli one-thirtieth of one of such installments, or of a monthly compensa- tion, shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered dur- ing a fractional part of a month in connection with annual or monthly compensation, each and every month shall be held to consist of thirty days, without regard to the actual number of days in any calendar month, thus excluding the thirty-first of any calendar month from the computation and treating February as if it actually had thirty days. Any person entering the service of the United States during a thirty- one day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both days inclusive; and any person entering said serv- ice during the month of February and serving until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days elapsed prior to date of entry : Provided, That for Departments shall hereafter be performed by such officer or officers of the Quartermaster Corps, as the Secretary of War may designate for the purpose, see paragraph 500, ante. x An officer of the Pay or Medical Department can not exercise command, except in his own department; but by virtue of his commission he may com- mand all enlisted men like other commissioned officers. (Par. 18, A. R., 1913.) 2 Troops will be paid every month unless circumstances prevent, in which case the quartermaster charged with the payment will immediately report the facts through his department quartermaster to the Chief of the Quartermaster Corps. (Par. 1315, A. R., 1913.) MILITARY LAWS OF THE UNITED STATES. 245 one day's unauthorized absence on the thirty-first day of any calen- dar month one day's pay shall be forfeited. 1 Act of June 1%, 1906 (34 Stat. 248) . 627. Same By check. The Secretary of War is also authorized to arrange for the payment of the enlisted men serving at posts or places where no paymaster is on duty by check or by currency, to be sent to them by mail or express, at the expense and risk of the United States. 2 Act of Feb. 27, 1893 (07 Stat. 479} . 628. Same To militia from appropriations for militia. Here- after all payments to the militia under the provisions of section fifteen of the Act of Congress approved January twenty-first, nine- teen hundred and three, and all allowances for mileage shall be made solely from the sums herein appropriated for such purposes. Act of Apr. 23, 1904 (33 Stat. 267). 629. Same Authorization for. Paymasters and additional pay- masters shall be allowed a capable noncommissioned officer or private as clerk. When suitable noncommissioned officers or privates can not be procured from the line of the Army, they are authorized, by and with the approbation of the Secretary of War, to employ citizens as clerks, at a salary of fourteen hundred dollars a year. 3 Sec. 1190, R. S., as amended by the act of June 30, 1882 (22 Stat. 118) . 630. Same Pay same as Navy paymasters' clerks. Hereafter the pay and allowances of Army paymasters' clerks shall be 'the same as provided by law for Navy paymasters' clerks * on shore duty, and they x The act of June 30, 1906 (34 Stats., 763), contains a similar provision to the above, substituting for the words " any person in the military service of the United States," the words " any person in the service of the United States." 2 For regulations for the method of making payments to enlisted men, see paragraphs 1315-1346, A. R., 1913. A paymaster of the Army who alleges that he inclosed certain sums of money in a package transmitted by him to an officer for the payment of troops, which sums were not found in the package when received, the seals being unbroken, is not entitled to credit therefor. (6 Comp. Dec., 940.) A soldier of a company which performed duty usually performed by engineer soldiers, but which was regularly mustered and paid as a company of infantry, is not entitled to pay as an engineer soldier. (Id., 25.) 3 For travel allowances of paymasters' clerks see paragraph 631, post. Salaries of clerks to paymasters are now graded according to length of servica tfee next paragraph for rates of pay for periods of service. 4 The rates of pay of Army paymasters' clerks under the act of March 3, 1911, are as follows: First three years of service, $1,125 per annum; second three years of service, $1,250 per annum; third three years of service, $1,625 per annum; fourth three years of service, $1,625 per annum; after 12 years of service, $2,000. On application of a pay clerk serving at a post where there were troops for assignment of quarters, Held, that he is entitled when on duty at a post with troops to the same number of rooms as quarters as a second lieutenant of the Army, and to such quarters as may be assigned to commissioned officers, but that he has no right of selection under paragraph 1042, Army Regulations of 1910, of quarters occupied by any commissioned officer. (Bulletin No. 4, Dig. Opins. J. A. G., Feb. 1, 1913.) On application for a decision as to whether Army pay clerks are officers of the Army within the meaning of the statutes and regulations so as to entitle them to purchase ordnance stores for their own use. Held, that a pay clerk 246 MILITARY LAWS OF THE UNITED STATES. shall also be entitled to the same right of retirement with the same retired pay as is now allowed Navy paymasters' clerks: Provided, That Army paymasters' clerks shall be subject to the rules and articles of war. Act of Mar. 3, 1911 (36 Stat. 1044). 631. Same Mileage same as that for officers of Army. Hereafter Army paymasters' clerks and the expert accountant, Inspector Gen- eral's Department, shall receive mileage at the same rates and under the same conditions as is provided by law for officers of the Army. Act of Aug. 24, 1912 (37 Stat. 575). 632. Same Age for retirement same as that for officers of Army. Hereafter the age limit for the retirement of Army paymasters' clerks shall be the same as the age limit for the retirement of com- missioned officers of the Army. 1 Id. 633. Same No further appointments to be made.- That here- after no further appointments of pay clerks shall be made. Act of Mar. 2, 1913 (37 Stat. 708). 634. Same Subject to the rules and articles of war. That Army paymasters' clerks shall be subject to the Eules and Articles of War. Act of Mar. 3, 1911 (36 Stat. 1044). 635. Rates of pay. The officers of the Army shall be entitled to the pay 2 herein stated after their respective designations : 3 The general, thirteen thousand five hundred dollars a year. 4 Lieutenant-general, eleven thousand dollars a year. 5 in the Army occupies a military status and must be deemed an officer of the Army in the sense that he has a military status and is not an enlisted man or cadet, although not a commissioned officer; and as there is nothing in the statutes or regulations providing for the sale of ordnance stores to officers for their own use in the .service which would limit the sale to commissioned officers, pay clerks are entitled to purchase ordnance stores for their own use in the military service. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) *An examining board found a pay clerk of the Army incapacitated for active service, said incapacity having originated prior to the passage of the act of March 3, 1911 (36 Stat. 1044), giving such clerks the same pay and allowances as Navy paymasters' clerks on shore duty, together with the same right to retirement and retired pay as is allowed such Navy paymasters' clerks. Held, that the effect of said act of March 3, 1911, is to recognize the service of Army paymasters' clerks prior to March 3, 1911, as service within the meaning of sections 1453 and 1454, Revised Statutes, and that the retirement of the clerk may be based upon disability incurred while engaged in such prior service. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) 2 Pay is the monthly pecuniary compensation of officers and soldiers of the Army, as fixed by sections 1261, 1280, etc., Revised Statutes. It is quite dis- tinct from "allowances." (X Opin. Att. Gen., 285.) The right to pay begins and ends with the period of legal service. Except by special authority of Congress an officer or soldier can not be paid for military service rendered before appointment, enlistment, or muster in. See the chapter entitled Com- missioned officers.) 8 For longevity pay, see paragraph 652, post. 4 This office has ceased to exist as a grade of rank in the military estab- lishment. 5 The act of March 2, 1907 (34 Stat. 1160), provided that when the office of lieutenant-general shall become vacant, it shall not thereafter be filled, but said office shall cease and determine; but that nothing in the provision shall affect the retired list. MILITARY LAWS OF THE UNITED STATES. 247 Major-general, eight thousand dollars a year. Brigadier-general, six thousand dollars a year. Colonel, four thousand dollars a year. Lieutenant-colonel, three thousand five hundred dollars a year. Major, three thousand dollars a year. Captain, two thousand four hundred dollars a year. First lieutenant, two thousand dollars a year. Chaplain. 1 Second lieutenant, one thousand seven hundred dollars a year. Aid to major-general, two hundred dollars a year, in addition to pay of his rank. Aid to brigadier-general, one hundred and fifty dollars a year, in addition to pay of his rank. Ordnance storekeeper at Springfield Armory, two thousand five hundred dollars a year. All other storekeepers, two thousand dollars a year. Sec. 1*261, R. S., as amended ~by Act of May 11, 1908 (35 Stat. 108).. 636. Same Militia and Volunteers. All officers and enlisted men of the Volunteer Army, and of the militia of the States when in the service of the United States, shall be in all respects on the same footing as to pay, allowances, and pensions as that of officers and enlisted men of corresponding grades in the Regular Army. 2 Sec. 12, Act of Apr. 88, 1898 (30 Stat. 363). 637. Same Officers below grade of major who provide suitable mounts. Hereafter the United States shall furnish mounts and horse equipments for all officers of the Army below the grade of major required to be mounted, but in case any officer below the grade of major required to be mounted provides himself with suit- x By section 12 of the act of February 2, 1901 (31 Stat. 750), the President was authorized to appoint chaplains in the Army, with the rank, pay, and allowances of captain of infantry. By the act of April 21, 1904 (33 Stat. 226), chaplains who have had not less than ten years' service, in the grade of captain, and who have been commended as worthy of special distinction for exceptional efficiency, may be promoted to be chaplains with the grade, pay, and allowances of major ; that remaining chaplains shall have the grade, pay, and allowances of captain, mounted, after they shall have completed seven years' service; and that all persons hereafter appointed as chaplains shall have the grade, pajr, and allowances of first lieutenant, mounted, until they shall have completed seven years of service. (See 10 Comp. Dec., 765.) 2 Section 1292 of the Revised Statutes contains the requirement that " in all matters relating to the pay and allowances of officers and soldiers of the Army of the United States, the same rules and regulations shall apply to the Regular Army and to volunteer forces mustered into the service of the United States for a limited period." The date on which a volunteer officer, appointed by the President, formally accepts his appointment should be considered as the date of the commencement of his military service. No such officer should be recognized as having been in the military service of the United States, under his appointment, because of any service that may have been rendered by him prior to his formal acceptance of that appointment. (Decision Sec. War, June 28, 1899. Circular 32, A. G. O., 1899.) 248 MILITARY LAWS OF THE UNITED STATES. able mounts at his own expense, he shall receive an addition to his pay of one hundred arid fifty dollars per annum if he provides one mount, and two hundred dollars per annum if he provides two mounts. 1 Act of May 11, 1908 (35 Stat. 108) . 638. Same No increase on account of brevet rank. Brevets con- ferred upon commissioned officers shall not entitle them to any increase of pay. Sec. 126^ R. S. 639. Same Increased for exercising higher command. In time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised: Provided, That a rate of pay exceeding that of a brigadier-general shall not be paid in any case by reason of such assignment. 2 Sec. 7, Act of Apr. 26, 1898 (30 Stat. 365). 1 For regulations in regard to mounted pay, see paragraphs 1272-1274, A. R., 1913. 2 Under section 7 of the act of Congress approved April 26, 1898, an officer is not entitled to the pay and allowances of the grade appropriate to a command exercised by him above that pertaining to his grade except when " serving with troops operating against an enemy " and exercising the command of the higher grade " under assignment in orders issued by competent authority." It has been held by the Secretary of War that troops serving within the limits of the United States at a time when there is no foreign army within said limits are not oper- ating against an enemy, notwithstanding the existence of war conditions. For the purpose of restricting assignments to command under this section to " com- petent authority," it has also been decided that such authority can be exercised only by the Secretary of War, or by the commanding general of an army " oper- ating against an enemy." (Circular 18, A. G. O., 1898. See also G. O. 86, A. G. O., 1898.) The command prescribed by law for an officer of the Army must be held to be the appropriate command of that grade, and such command is not subject to change by Executive order, or regulation, except as provided by law. (5 Comp. Dec., 354.) An officer of the Army who, under assignment in orders issued by his superior officer, exercises a command above that pertaining to his grade exercises such command under competent authority within the meaning of section 7 of the act of April 26, 1898. (Id., 354.) Under section 7 of the act of April 26, 1898, an officer of the Army serving in time of war with troops operating against an enemy, who is required by the Army Regulations, upon a specified contingency, to exercise a command above that pertaining to his grade, must be regarded as exercising such " command under assignment in orders issued by competent authority," and is entitled to * the pay of the higher grade. ( Id., 639. ) The office of an officer of the Army and his rank are not necessarily identical. (Wood v. U. S., 107 U. S., 414; 5 Comp. Dec., 280.) A captain in the Army while performing duty as chief quartermaster does not exercise a command within the meaning of section 7 of the act of April 26, 1898, and is not entitled to increased pay for exercising a command above that per- taining to his grade. (5 Comp. Dec., 137.) A judge advocate who is assigned by a corps commander to act as judge advocate on his staff does not thereby acquire any higher rank and is not entitled to any addtional pay. (Id., 168.) A major of infantry who, on the assignment of the lieutenant colonel to the command of the regiment, was assigned to the command of a battalion was not assigned to a command above that pertaining to his grade, and is not entitled to the increase of pay provided by the act of April 26, 1898, for exercising a command above that pertaining to his grade. (Id., 862.) The fact that a major of the Army was for a time assigned to the command oi a post garrisoned by two batteries of artillery does not make such a com- MILITARY LAWS OF THE UNITED STATES. 249 640. Same Restrictions as to period covered ~by higher com- mand. For additional pay for increased rank when in command by competent authority, * * * dollars: Provided, That no part of this sum shall be used for pay of officers assigned to higher command than their rank in the Army, unless such service shall be continuous for a period of not less than three months. Act of May 26, 1900 (31 Stat. 211). 641. Same Authority for accounting officers to remove stoppages in settlement of claims for. The accounting officers of the Treasury, in the settlement of claims, shall not stop against the amount found due the payments for exercise of higher command which were made between April twenty-sixth, eighteen hundred and ninety-eight, and March eighteenth, nineteen hundred and seven, in accordance with regulations and decisions then existing: Provided further, That where disallowances or stoppages on account of pay received for exercise of higher command between said dates have been made in the settlement of claims, the Auditor for the War Department is hereby authorized and directed to reopen said settlements and to credit the claimants the full amount due on their claims: And pro- vided further, That nothing herein contained shall be construed as authorizing the accounting officers of the Treasury to allow any claim for increase of pay for the exercise of a higher command between the dates of April twenty-sixth, eighteen hundred and ninety-eight, and March eighteenth, nineteen hundred and seven, which may now be pending or hereafter presented, except in accord- ance with the decision of March eighteenth, nineteen hundred and seven, of the United States Supreme Court in the case of Donn C. Mitchell. Act of Mar. 3, 1911 (36 Stat. 1039). 642. Same Increase for foreign service. Hereafter the pay proper of all commissioned officers and enlisted men serving beyond the limits of the States comprising the Union and Territories of tho United States contiguous thereto shall be increased ten per centum mand the appropriate command of a major, and a captain assigned to such a command is not entitled to the pay of a major. (Id., 891.) There is no law authorizing the allowance of additional pay to an enlisted man for performing the duties of a commissioned officer, and a claim for such j>;iy can not be allowed. (4 Cojnp. Dec., 120.) A second lieutenant of the Army who exercised the command of a first lieu- tenant did not " exercise a command above that pertaining to his grade," within the meaning of the act of April 26, 1898, and he is not entitled to the pay of the higher grade. (t> Comp. Dec., 905.) Where an officer of the Army exercised a higher command and, under section 7 of the act of April 26, 1898, is entitled to the pay and allowances of the grade appropriate to the command so exercised, and, under section 1262, Revised Statutes, is also entitled to increased pny for length of service, such increased pay to be computed on the pay of the grade appropriate to such higher command. (Id., 710.) Held that section 7, act of April 26, 1898 (30 Stat. 365), extends to a first lieutenant assigned to command another company than his own. (Walker's case, 43 Ct. Cls., 1. See also par. 641, post.) 250 MILITARY LAWS OF THE UNITED STATES. for officers and twenty per centum for enlisted men over and above the rates of pay proper as fixed by law for time of peace, and the time of such service shall be counted from the date of departure from said States to the date of return thereto. 1 Act of June 30, 1902 (32 Stat. 512}. 643. Same. Increase of pay for service beyond the limits of the States comprising the Union, and the territories of the United States contiguous thereto, shall be as now provided by law. 2 Act of May 11,1908 (35 Stat. 110). Congress, by act of June 12, 1906 (34 Stat. 274), appropriating for the 20 per centum additional pay for enlisted men and 10 per centum additional pay for commissioned officers serving beyond the limits of the States comprising the Union and the Territories of the United States contiguous thereto, excepted from the appropriation service in Porto Ilico and the Hawaiian Islands; while the act of March 2, 1907 (34 Stat. 1164), contained a like exception. The act of May 11, 1908 (35 Stat. 110), provided that increase of pay for foreign service " shall be as now provided by law." The case of United States v. Vulte (233 U. S., 509) involved service as com- missioned officer in the Marine Corps in Porto Rico subsequent to the act of May 11, 1908, the claimant alleging that the clause " shall be as now provided by law " referred to the act of June 30, 1902, authorizing additional pay for foreign service. The Supreme Court of the United States (233 U. S., 509), in affirming the decision of the Court of Claims (47 Ct. Cls., 324), held as follows: "A statute which fixes the annual salary of a public officer at a designated sum without limitation as to time is not abrogated or suspended by subsequent enactments which merely appropriate a less amount for that officer for particu- lar years and which contain no words expressly, or by clear implication, modi- fying or repealing the previous law. " The provision in the appropriation acts of 1906 and 1907 excepting Hawaii and Porto Rico from the operation of the provision for additional pay for officers in foreign service is not to be construed as prevailing over the explicit provisions of the act of June 30, 1902, providing for such additional pay including those places, and the salary provided by law of officers on foreign service referred to in the act of May 11, 1808, is that fixed by the act of June 30, 1902." The 10 per cent increase on pay proper being allowed by the act only to officers serving in the places named therein, I am of the opinion that an officer on duty in one of the places named in the act, who is relieved from duty and given a sick leave or an ordinary leave, is not entitled to the 10 per cent increase in computing his pay after the date on which he leaves the place where the increased iJay for service therein is authorized by law. (6 Comp. Dec., 948.) 2 An officer of the Army was directed, as a member of a cavalry board, te proceed to Berlin, Germany, and take station at that place " for the purpose of observing and studying the cavalry branch of the German Army," and also of the armies of other countries enumerated. The board was further directed to " make such journeys between Berlin, Germany, and points in the countries herein named as may be necessary." In accordance with these orders the officer left Berlin and traveled to various points in the countries named in his orders. Upon the completion of his duties at one of said points he received an order that upon the completion of his duties abroad pertaining to the cavalry board he should repair to Washington, D. C., for temporary duty. He complied with this order by returning directly to the United States from the point last named without returning to his station in Berlin. Held, that the duties performed by the officer at the various places visited were incidental to his assignment to his station at Berlin, so that his station remained at the latter place until he left for the United States, and that the officer should be considered as having been assigned to and as having retained station at Berlin within the meaning of the act of March 2, 1901 (31 Stat. 903), during the period in question and not as having been in a traveling status. Held, therefore, that he was entitled to the increased pay for foreign service until his arrival in the United States. (Comp. Geo. E. Downey, Sept. 10, 1913. Bulletin No. 31, Dig. Opins. J. A. G., Oct. 10, 1913.) MILITARY LAWS OF THE UNITED STATES. 251 644. Same Not to apply to Canal Zone, Panama, Hawaii, or Porto . Hereafter the laws allowing increase of pay to officers and enlisted men for foreign service shall not apply to service in the Canal Zone, Panama, or Hawaii or Porto Rico. Act of Aug. 24, 1912 (37 S tat. 576). 645. Same Applies to transport service in the Philppine Archi- pelago. Officers and enlisted men who have served on army transports in the Philippine Archipelago at any time since May twenty-sixth, nineteen hundred, under the control and orders of the commanding general, Philippines Division, or who may hereafter so serve, shall be entitled to receive the same rate of pay as is provided by law for officers and enlisted men serving at shore stations beyond the limits of the United States. Act of May 11, 1908 (35 Stat. 114). 646. Same Additional pay for acting commissaries repealed. So much of section twelve hundred and sixty-one of the Revised Statutes as pertains to additional pay for acting commissaries be, and the same is hereby, repealed. Act of Aug. 24, 1912 (37 Stat. 574) . 647. Assignment or transfer of pay accounts. Hereafter all com- missioned officers of the Army may transfer or assign their pay ac- counts, when due and payable, under such regulations and restric- tions as the Secretary of War may prescribe. Act of Mar. 2, 1907 (34 Stat. 1159). 648. Same Payment by check to ~be full acquittance. That here- after section thirty-six hundred and twenty, Revised Statutes, as amended by the Act of Congress approved February twenty-seventh, eighteen hundred and seventy-seven, shall not be construed as pre- cluding officers of the Quartermaster Corps from drawing checks in favor of the person or institution designated by indorsement made on his monthly pay account by any officer of the Army if the pay account has been deposited for payment on maturity in conformity with such regulations as the Secretary of War may prescribe: Pro- vided further, That payment by the United States of a check on the indorsement of the indorsee specified on the pay account shall be a full acquittance for the amount due on the pay account. Act of Mar. 2,1913 (37 Stat. 710). 649. Advances of pay. The President may * * * direct such advances as he may deem necessary and proper to persons in the naval and military service employed on distant stations where the discharge of the pay and emoluments to which they may be entitled can not be regularly effected. 1 Sec. 3648, R. S. *An advance of public money made by a paymaster of the Army to an officer ordered to a distant station, when made by direction of the President, as pro- vided by section 3648 of the Revised Statutes, to provide for the pay of such officer for a future period, is not a payment for services for the correctness of which the paymaster is held responsible, but is an advance of public money to the officer in question, for which he, and not the paymaster, is accountable to the United States. (4 Comp. Dec., 250.) 252 MILITARY LAWS OF THE UNITED STATES. 650. Advances to troops embarking for service in Philippines. Troops about to embark for service in the Philippine Islands may, in the discretion of the Secretary of War, be paid one month's wages in advance prior to embarkation. Act of July 7, 1898 (30 Stat. 721), 651. Allowances, restrictions as to. No allowances shall be made to officers in addition to their pay except as hereinafter provided. 1 Sec. 1269, R. S. 652. Same Ten per centum increase for each term of five years of service. There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of their cur- rent yearly pay for each term of five years of service. 2 Sec. 1262, R.S. 653. Same Total increase not to exceed 4-0 per centum of yearly pay. The total amount for such increase for length of service shall in no case exceed forty per centum on the yearly pay of the grade as provided by law. Sec. 1263, R. S. 654. Same Maximum for colonel, lieutenant-colonel, and major. In no case shall the pay of a colonel exceed five thousand dollars a year ; the pay of a lieutenant-colonel exceed four thousand five hun- dred dollars a year, or the pay of a major exceed four thousand dollars a year. Act of May 11, 1908 (35 Stat. 108). 655. Same Service as officer in volunteers or enlisted man in armies to ~be counted. On and after the passage of this act, all officers of the Army of the United States who have served as officers in the volunteer forces during the war of the rebellion, or as enlisted men in the armies of the United States,, regular or volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in computing their service for longevity pay and retirement. 3 Sec. 7, Act of June 18, 1878 (20 Stat. 150). 1 Pay is the fixed and direct amount given by law ; allowances or emoluments are indirect or contingent remuneration; both are compensation. (Sherburne v. U. S., 16 Ct. Cls., 491. See also note 2 to paragraph 635, ante.) 'Longevity pay is founded upon the equivalent of increased judgment and capacity acquired by the experience of continued service. Brown v. U. S., 18 Ct. Cls., 545. Acts authorizing longevity pay are remedial statutes, and officers are entitled to a liberal interpretation of them, the language used being given as broad a meaning as Congress may be presumed to have intended. (Hendee v. U. S., 22 Ct. Cls., 134; 19 id., 153.) 8 An officer once in actual service, under color of office, is entitled to have the time credited to him in the computation of longevity pay. (Gould v. U. S., 19 Ct. Cls., 593.) The time of actual service is to be credited to an officer in the computation of his longevity pay, without regard to a defect in his title to the office. (Palen v. U. S., 19 id., 389.) Service as chaplain prior to the act of March 2, 1867 (14 Stat., 423), can be reckoned in computing longevity pay, chaplains being in the military service prior to that date. (U. S. v. LaTonrette, 151 U. S., 572.) Service as a contract surgeon can not be reckoned in such com- putation. (Byrnes v. U. S., 26 Ct. Cls., 302 ; Hendee v. U. S., 124 U. S,, 309.) Be- fore the passing of the act of July 28, 1866, as well as afterwards, the corps of MILITARY LAWS OF THE UNITED STATES. 253 656. Same Service in Navy to be counted. The actual time of service in the Army or Navy, or both, shall be allowed all officers in computing their pay. Act of Feb. 84, 1881 (21 Stat. 346}. 657. Same Service of cadet subsequent to act not to be counted. Hereafter the service of a cadet who may hereafter be appointed to the United States Military Academy or to the Naval Academy shall not be counted in computing for any purpose the length of service of any officer of the Army. Sec. 6, Act of Aug. 24, 1912 (37 Stat. 594). 658. Same Receive 75 per centum of pay of rank. Officers re- tired from active service shall receive seventy-five per centum of the pay of the rank upon which they are retired. 1 Sec. 1274, R- S. 659. Same Not to receive longevity pay. Hereafter, except in case of officers retired on account of wounds received in battle, no officer now on the retired list shall be allowed or paid any further in- crease of longevity pay, and officers hereafter retired, except as here- in provided, shall not be allowed or paid any further increase of longevity pay above that which had accrued at date of their retire- ment. Act of Mar. 2, 1903 (32 Stat. 932}. 660. Same Wholly retired. Officers wholly retired from the serv- ice shall be entitled to receive, upon their retirement, one year's pay and allowances of the highest rank held by them, whether by staff or regimental commission, at the time of their retirement. 2 Sec. 1275, R. S. cadets of the Military Academy was a part of the Army of the United States, and a person serving as a cadet was serving in the Army; and the time during which a person has served as a cadet was, therefore, actual time of service by him in the line of the Army. (Morton v. U. S., 112 U. S., 1, 7.) 'An officer of the Army who has been retired is entitled to the pay provided for a retired officer only, even though he may not have been relieved from active duty. (5 Comp. Dec., 53.) Retired officers being in the military service of the Government, the increased pay of 10 per cent for each five years' service applies to the years so passed in the service after retirement as well as before. (U. S. v. Tyler, 105 U. S., 244, 246, and 16 Ct. Cls., 223.) An officer on the retired list to whom the "full pay and allowances of briga- dier-general " has been granted by Congress is not entitled to an allowance of forage. (XVII Opin. Att. Gen., 390.) Where, by a private act of Congress, an ex-officer is placed upon the retired list and the act directs that his retired pay shall be due and payable to him from the date of the passage of the act, his pay will begin at the date of the act and not at the date of his acceptance. (1 Comp. Dec., 172.) The pay of retired officers is a matter within the control of Congress, and so is their rank. (Wood v. U. S., 15 Ct. Cls., 151, and 107 U. S., 414.) Officers retired from active service are retired "upon the actual rank held by them at the date of retirement." (Remey v. U. S., 33 Ct. Cls., 218.) 2 The provision of section 1275, Revised Statutes, that an officer wholly re- tired shall receive, upon retirement, one year's pay and allowances, entitles such an officer to receive a sum equal to the total of one year's pay and all the pecuniary allowances of an officer of his rank. And held that the fact that an officer, at the time of being wholly retired, was under a sentence of suspension from rank and pay, did not affect his right to receive such full sum upon the retirement. (Dig. Opin. J. A. G., p. 999, N. 3.) 254 MILITARY LAWS" OF THE UNITED STATES. 661. Same Absence on account of sickness, wounds, etc. Officers when absent on account of sickness 1 or wounds, or lawfully absent from duty and waiting orders, shall receive full pay: ivhen absent with leave, for other causes, full pay during such absence not exceed- ing in the aggregate thirty days in one year, and half -pay during such absence exceeding thirty days in one year. When absent with- out leave, they shall forfeit all pay during such absence, unless the absence is excused as unavoidable. 2 Sec. 1265, R. S. 662. Same Leave on full pay. That an act approved May eighth, eighteen hundred and seventy-four, in regard to leave of absence of Army officers, be, and the same is hereby, so amended that all officers on duty shall be allowed, in the discretion of the Secretary of War, sixty days' leave of absence without deduction of pay or allow- ances : Provided, That the same be taken once in two years : And pro- vided further, That the leave of absence may be extended to three months, if taken once only in three years, or four months if taken once only in four years. 3 Act of July 29, 1876 (19 Stat. 102) . 1 For requirements of the regulations respecting sick leaves see paragraph 57, A. R., 1913. 1 Section 1265 of the Revised Statutes provides that an officer absent without leave shall forfeit all pay unless the absence is excused as unavoidable ; the rule prevails whether a court-martial declares a forfeiture or not. (Dodge v. U. S., 33 Ct. Cls., 28.) The pay of an officer absent without leave is not absolutely forfeited, but only when it has been made to appear that the absence was not unavoidable. (Smith v. U. S., 23 Ct. Cls., 452.) A statement by the Adjutant- General that an officer was "absent without leave" is conclusive as to his status, and is not affected by statements made by officers of the War Depart- ment implying the belief that the officer was not responsible for his absence. (3 Dig., 2d Comp. Dec., par. 2.) The act of March 3, 1863, section 1265, Re- vised Statutes, provides that an officer absent without leave shall forfeit his pay. If payment has been made it may be recovered. Lapse of time does not preclude the Government from charging an officer with a payment made to him contrary to law. (Crowell v. U. S., 22 Ct. Cls., 69.) 3 For regulations respecting leaves of absence see paragraphs 49-67, A. R., 1913. Section 1265 of the Revised Statutes was replaced by the act of May 8, 1874 (18 Stat. 43), which provided that "all officers on duty west of a line drawn north and south through Omaha City and north of a line drawn east and west upon the southern boundary of Arizona shall be allowed sixty days' leave of absence without deduction of pay or allowances: Provided, That the leave is taken but once in two years: And provided further, That the leave may be extended to three months if taken only once in three years, or four months if taken once only in four years." This statute was superseded by the act of July 29, 1876, above cited. For statutory provisions respecting leaves of ab- sence to graduates of the Military Academy, see the chapter entitled the Mili- tary Academy. Section 31 of the act of March 3, 1863 (12 Stat. 736), does not apply to an officer ordered to proceed to his home and there await orders, though the order was issued at his own request. An officer " absent with leave " is at liberty to go where he will ; an officer ordered to a particular place, there to await orders, must remain in that place and continue as much under orders as though as- signed to any ordinary military duty. (Williamson v. U. S., 10 Ct. Cls. 50, and 23 Wall., 411 ; Phisterer v. U. S., 11 Ct. Cls. 98, and 94 U. S., 219.) An officer ordered home to await orders may change his place of residence, reporting the fact to the War Department. (Phisterer r. TT. S., ]2 Ct. Cls. 98.) An officer ordered home to await orders can not make his home ambulatory by simply reporting from the places where he may chance to be. (Chilson v. U. S., 11 Ct. Cls. 691.) MILITARY LAWS OF THE UNITED STATES. 255 663. Same Dates of commencement and termination of. Leaves of absence which may be granted officers of the Kegular and Volun- teer Army serving in Alaska or without the limits of the United States, for the purpose of returning thereto, or which may have been granted such officers for such purpose since the thirteenth day of October, eighteen hundred and ninety-eight, j shall be regarded as taking effect on the dates such officers reached or may have reached the United States, respectively, and as terminating, or as having terminated, on the respective dates of their departure from the United States in returning to their commands as authorized by an order of the Secretary of War, dated October thirteenth, eighteen hundred and ninety-eight. 1 Act of Mar. 2, 1901 (31 Stat. 902). 664. Same Officers appointed from Volunteer to Regular Army entitled to accrued leave. Officers appointed to the Regular Army from the volunteer service, whose service has been continuous, shall, in the computation of leaves of absence after their appointment in the Regular Army, be entitled to the leave credits which accrued to them as volunteer officers where such leave credits were not availed of dur- ing their volunteer service. Act of June 30, 1902 (32 Stat. 508) . 665. Same To ~be % dbsent -from Philippines. Leaves to be absent from the Philippine Islands, other than to return to the United States, which may be granted officers of the Army serving in said islands and sailing from Manila, shall be regarded as taking effect on the dates such officers reach Manila, and as terminating on the dates of their departure from Manila, in returning to their stations. Act of Mar. 2, 1907 (34 Stat. 1171). 666. Same No officer or enlisted man absent on account of disease resulting from intemperate habits or misconduct is entitled to. Hereafter no officer* or enlisted man in active service who shall be absent from duty on account of disease resulting from his own intem- perate use of drugs or alcoholic liquors or other misconduct shall receive pay for the period of such absence, the time so absent and the cause thereof to be ascertained under such procedure and regula- tions as may be prescribed by the Secretary of War: Provided fur- ther, That an enlistment shall not be regarded as complete until the soldier shall have made good any time in excess of one day lost by unauthorized absences, or on account of disease resulting from his 1 Pay during absence in confinement. Officers and enlisted men in arrest and confinement by the civil authorities will receive no pay for the time of such absence; if released without trial, or after trial and acquittal, their right to pay for the time of such absence is restored. (Par. 1371, A. R., 1913.) The fact that an officer or soldier is under charges does not by military law deprive him of his pay, although under the application of military rules excep- tions may arise to this rule. (Dodge v. U. S., 33 Ct. Cls., 28.) 256 MILITARY LAWS OF THE UNITED STATES. own intemperate use of drugs or alcoholic liquors or other miscon- duct, or while in confinement awaiting trial or disposition of his case if the trial results in conviction, or while in confinement under sen- tence. 1 Act of Apr. 7, 1914 (38 Stat. 353}. 667. Same Pay forfeited during absence without leave. Every officer who is dropped by the President from the rolls of the Army, for absence from duty three months without leave, shall forfeit all pay due or to become due. Sec. 1266, R. S. 668. Commutation of quarters, rate. That at places where there are no public quarters commutation therefor may be paid by the Pay Department to the officer entitled to the same at a rate not exceeding twelve dollars per month per room. 2 Act of Mar. 2, 1907 (34 Stat. 1169). 'The Army appropriation act of August 24, 1912 (37 Stat. 572), provides that a soldier shall not receive pay from the appropriation contained in the act while he may be absent from active duty on account of disease " resulting from his own intemperate use of drugs, or alcoholic liquors, or other misconduct." A soldier was sick in hospital for one day and consequently absent from active duty by reason of injuries received in a fist fight in which he voluntarily en- gaged. Held, That the words " other misconduct " in the statute is limited by the rule of ejusdem generis to conduct of the same general character as that indicated by the words preceding them, to wit, " intemperate use of drugs, or alcoholic liquors" (36 Cyc., 1119), or misconduct consisting in the intemperate or improper indulgence of natural or acquired appetites; that the misconduct of the soldier in this case was not of such general character; and that no deduction should be made from his pay while absent from active duty on account thereof. (Bulletin No. 8, Dig. Opius. J. A. G., March 18, 1913.) 2 Commutation in the military or naval service is money paid in substitution of something to which an officer, sailor, or soldier is entitled; being regulated by statutes and regulations, it can not be allowed by inferior authority. ( Jaegle v. U. S., 28 Ct. Cls., 133.) The right of an officer of the Army to commutation of fuel and quarters springs out of the general authority of the War Depart- ment, and has been indirectly sanctioned by Congress from the origin of the Government. This usage has been so long practiced in the Army, and so often sustained by Congress in appropriations for the payment of such commutations, that the right of officers under the regulations of the Army can not now be questioned. (Whittlesey v. U. S., 5 Ct. Cls., 99.) Since the foregoing decision was rendered the allowance of quarters for the several grades of officers of the Army and the monthly rate of commutation therefor having been fixed by stat- ute the practice can no longer be said to rest upon usage or upon the authority of regulations. (See acts of June 18, 1878, and June 23, 1879.) Officers on the active list detailed as professors of colleges and engineer officers engaged upon civil works are entitled to commutation of quarters and to purchase fuel under the provisions of section 9 of the act of June 17, 1878. Such commutation in the case of an engineer officer would not be payable from the appropriation for the civil work upon which he is engaged. (See also Long v. U. S., 8 Ct. Cls., 398.) An officer ordered home to await orders is not entitled to commutation of quarters, such home not being a military station. (Phisterer v. U. S., 13 Ct. Cls., 110.) When a military officer is ordered to the headquarters of a military department to await further orders and pur- suant to the order remains there, performing no duty, he is entitled to com- mutation of 'quarters. If such headquarters are in a large city where there are quarters assignable to officers on duty it is not necessary for him to de- mand that quarters be assigned him. (Lippitt v. U. S., 14 Ct. Cls., 148, and 100 U. S., 663.) The act of June 28, 1882 (22 Stat. 118), authorized commutation of quarters to be paid to officers and enlisted men of the Signal Service serving in the arctic regions, the same in amount as though they were serving in Washington in the District of Columbia. For regulations in respect to the payment of commutation of quarters to officers see paragraphs 1299 to 1307, A. R., 1913. MILITARY LAWS OF THE UNITED STATES. 257 669. Same Officer who is member of Board of Road Commis- sioners living in Alaska. Hereafter any officer of the Army and member of said Board of Road Commissioners who is living with his family while serving as a member of said board within the limits of the Territory of Alaska, and not stationed at a military post, shall be entitled to receive a per diem commutation fixed by the board in lieu of " actual living expenses," as now provided by law ; and this provision shall embrace the time during which any member of said board shall have failed in the past to receive any allowance for ex- pense of living by reason of the decision of the Comptroller of the Treasury above referred to, to the effect that said allowance could not be made to an officer living with his family. Act of Apr. 07, 1914 (38 Stat. 366). 670. Same No claim for quarters for servants. No allowance shall be made for claims for quarters for servants heretofore or here- after; and that the rate of commutation shall hereafter be twelve dollars per room per month for officers' quarters, in lieu of ten dol- lars, as now provided by law. Act of June 23, 1879 (21 Stat. 31). 671. Same Duty without troops. The Secretary of War may determine what shall constitute travel and duty without troops within the meaning of the laws governing the payment of mileage and com- mutation of quarters to officers of the Army. 1 Act of Mar. 0, 1901 (31 Stat. 901). 672. Same Not to lose right on account of temporary absence. Hereafter officers temporarily absent on duty in the field shall not lose their right to quarters, or commutation thereof, at their perma- nent station while so temporarily absent. 2 Act of Feb. 27, 1893 (07 Stat. 480). 1 Under the authority conferred by the act of March 3, 1901, it has been de- cided by the Secretary of War that "officers on duty. in the War Department, at army and other general headquarters, attending surgeons and other officers on duty in cities and other places where public quarters are not furnished, but where enlisted men are on duty only as guards, orderlies, clerks, and mes- sengers, and recruiting officers at city stations are regarded as being on duty without troops within the meaning of the laws and regulations." (G. O. 43, A. G. O., 1901.) a Officers of the Army acting as Indian agents at places where there are suitable quarters provided by the Government are not entitled to commutation of quarters. (4 Comp. Dec., 210.) An officer relieved from duty at a station where he had quarters in kind and ordered to report in person for duty at a college during vacntion is not en- titled to commutation of quarters prior to the date on which he reports in person at the college. (4 Comp. Dec., 254.) An officer is not entitled to reimbursement for the amount paid for quarters when serving at a post where there are public quarters to which he could have been assigned by the Quartermaster's Department. (2 Comp. Dec., 187.) Officers can not base claims to commutation of quarters on refusal or failure to occupy public quarters provided for their use. (Id., 223.) Officers of the Army on the retired list who, upon their own application, are detailed to educational institutions, in nccordnnce with the provisions of the act of November 3, 1893, are entitled to the full pay of their rank. (6 Comp. 48985 15 17 258 MILITARY LAWS OF THE UNITED STATES. 673. Same Military attaches, etc., entitled to. Hereafter the officers detailed to obtain the same [military information from abroad] shall be entitled to mileage and transportation, and also commutation of quarters while on this duty, as provided when on other duty. Act of Feb. 27, 1893 (27 Stat. 480). 674. Officers to receive monthly payments The sums hereinbefore allowed shall be paid in monthly payments by the paymaster. 1 Sec. 1268 R. S. 675. Mileage to be computed over shortest route. From and after the passage of this act mileage of officers of the Army shall be com- puted over the shortest usually traveled routes between the points named in the order, and the necessity for such travel in the military service shall be certified to by the officer issuing the order and stated in the order. 2 Act of Mar. 3, 1883 (22 Stat. 456) . Dec., 120.) Such officers are not entitled to commutation of quarters. (Id., 506.) The act of May 12, 1898, which limits the compensation of contract surgeons to $150 per month, by implication prohibits the payment of commutation of quarters to contract surgeons. (6 Cornp. Dec., 403.) An officer who has been relieved from duty and directed to proceed to his home to await orders is not entitled to commutation of quarters. (Id., 233.) 1 For instructions respecting the payment of commissioned officers see para- graphs 1256 to 1274, Army Regulations of 1913. The assignment of their pay accounts by Army officers after the same become due is authorized by paragraph 1300 of the Army Regulations of 1895, and is legal. (3 Comp. Dec., 45.) An officer's " pay account " is not commercial paper, but, in its legal aspect, a mere receipt. (Note in this connection the opinion of the Attorney-General, in XVI Opins., 191, to the effect that an approved account or voucher issued to a contractor for an amount due him under his contract is " not in any proper sense negotiable paper.")* So held that a bona fide assignee of an officer's pay account for a certain month, who, on receiving payment thereon from a pay- master, delivered to the latter the account with his name written on the back of same, did not thereby incur the obligation of an indorser, or render himself liable as such for the amount to the paymaster, on its being ascertained that the officer had already himself drawn his pay for that month, and that a double payment had thus been made. (Dig. Opin., J. A. G., p. 851, B 4.) It has been held by the Comptroller of the Treasury that the allotment of any portion of the pay of a commissioned officer constituted a violation of the requirements of section 3477, Revised Statutes. (6 Comp. Dec., 319.) The statutes authorizing the allotment of pay have exclusive relation to enlisted men. 2 Under the authority conferred by the act of March 2, 1901, it has been decided by the Secretary of War that " traveling with troops," in the sense here employed, will be regarded as covering all cases of officers included in orders for movement in whatever manner, of their appropriate commands or in orders for movement of detachments, escorts, or stores which proceed by marches or by transportation belonging to or especially hired for the purpose by the United States, the idea being that in marches the officers should move as do the troops and that where transportation is specially devoted to the move- ment it is sufficient for all included therein. But the term will not be regarded as covering cases of officers included in the movement by railroad, stage, or like established lines of conveyances; of detachments of less than ten armed or unarmed men, such as guards and nurses for disabled or insane officers or soldiers; recruiting parties and escorts for inspectors, paymasters, and others, or the public funds or property in their charge, or of officers traveling on troop trains or transports, but not ordered to report to the commanding officer nor on duty with the troops or command on board, and such officers are not regarded MILITARY LAWS OF THE UNITED STATES. 259 676. Same To be computed by table of distances. Payment and settlement of mileage accounts of officers shall be made according to distances computed over routes established, and by mileage tables prepared by the Paymaster-General of the Army under the direction of the Secretary of War. Act of Mar. 2, 1901 (31 Stat. 901). 677. Same Orders involving payment of, to state duty. All orders involving the payment of mileage shall state the special duty enjoined. Act of Aug. 6, 1894 (%$ Stat. 237). 678. Same Rate fixed at 7 cents per mile. Hereafter officers, active and retired, when traveling under competent orders without troops, and retired officers who have so traveled since March third, nineteen hundred and five, shall be paid seven 1 cents per mile and no more; distances to be computed-and mileage to be paid over the shortest usually traveled routes, with deduction as hereinafter pro- vided; and payment and settlement of mileage accounts of officers shall be made according to distances and deductions computed over routes established and by mileage tables prepared by the Paymaster- as traveling with troops within the meaning of the laws and regulations. (G. O. 43, A. G. O., 1901.) For act of March 2, 1901 (31 Stat. 901) authorizing the Secretary of War to determine what shall constitute travel and duty without troops within the meaning of the laws governing the payment of mileage and commutation of quarters, see paragraph 671, ante. 1 Section 1273, Revised Statutes, fixed the allowance of mileage at 10 cents per mile, to be computed over the nearest post route and to be paid by the Pay Department The act of June 16, 1874 (18 Stat. 72), discontinued mileage as a method or reimbursement for expenses incurred in traveling on duty, and substituted therefor the payment of actual expenses in all cases of travel under orders. This provision was repeated in the act of March 3, 1875 (18 Stat. 452). The mileage allowance was restored and fixed at the rate of 8 cents per mile by the act of July 24, 1876 (19 Stat. 97), but was not payable when actual transportation had been furnished by the Quartermaster's Department, or in a conveyance owned or chartered by the United States, or on any railroad over which the troops and supplies of the United States were entitled to be trans- ported free of charge; the distance in each case was to be computed by the shortest usually traveled route. Section 1273 was repealed by the act of July 24, 1876, above cited. The act of March 3, 1883 (22 Stat. 456), contained the requirement that mileage should be computed over the shortest usually traveled routes between the points named in the order and that the necessity for travel should be certified to, in each case, in the order directing the journey. The act of June 30, 1886 (24 Stat. 95), fixed the rate of mileage at 4 cents per mile, and, in addition thereto, the cost of transportation actually paid, exclusive of sleeping and parlor car fares. The act of February 9, 1887 (24 Stat. 396), contains the following provision: "That in disbursing this amount the maximum sum to be allowed and paid to an officer shall be 4 cents per mile, distance to be computed over the shortest usually traveled routes, and, in addition thereto, upon the officer's certificate that it was not practicable to obtain transportation from the Quartermaster's Department the cost of the trans- portation actually paid by the officer over said route or routes, exclusive of sleeping or parlor car fare and transfers: And provided further, That when any officer so traveling shall travel in whole or in part on any railroads on which the troops and supplies of the United States are entitled to be transported free of charge he shall be allowed for himself only 4 cents per mile as a subsistence fund for every mile necessarily traveled over any such last-named railroad. All the money hereinbefore appropriated except the appropriation for mileage to officers when traveling on duty without troops when authorized by law shall be disbursed and accounted for by the Pay Department as pay of the Army, and for that purpose shall constitute one fund," which was repeated 260 MILITARY LAWS OF THE UNITED STATES. General of the Army under the direction of the Secretary of War. Act of June 12, 1906 (34 Stat. 246). in the acts of September 22, 1888 (25 Stat. 483), March 2, 1889 (25 Stat. 827), June 13, 1890 (26 Stat. 151), February 24, 1891 (26 Stat. 773), July 14, 1892 "(27 Stat. 177), and February 27, 1893. The acts of February 12, 1895 (28 Stat. 657), and March 16, 1896 (29 id., 60), contain the same requirements. The act of March 2, 1897 (29 id., 612, 614), provided that actual transporta- tion should be furnished by the Quartermaster's Department to officers traveling under orders, and that mileage only should be paid by the Pay De- partment. The act of March 15, 1898 (30 Stat. 318), contained the require- ment that " the maximum sum to be allowed and paid to any officer of the Army shall be 7 cents per mile, distances to be computed by the shortest usually traveled route." By the act of March 3, 1899 (30 Stat. 1068), the foregoing requirement was made permanent. The act of March 15, 1898, also contained the proviso that " officers who, by reason of the decision of the accounting officers of the Treasury, have been compelled to pay from their own means one- half of the cost of their travel fare over railroads known as fifty per centum railroads shall be reimbursed the same by the Pay Department, and paymasters against whom disallowances have been made by the accounting officers of the Treasury, under such decision, shall have the amount so disallowed passed to their credit." For requirements of regulation in respect to travel on the public business, see paragraphs 68-75, 742, 800, and 1507, Army Regulations of 1913. (See also par. 7721, post.) On appeal from a decision of the Auditor for the War Department disallow- ing, inter alia, a claim of an officer serving as military attache abroad for reim- bursement for the amount paid by him for the transportation of his baggage while traveling on official business on a mileage basis, held that mileage is an allowance in the nature of a reimbursement for the expenses of travel incurred by an officer traveling under competent orders on public business; that the mileage law (act of June 12, 1906, 34 Stat. 246) expressly provides " That hereafter officers * * * when traveling under competent orders without troops * * * shall l)e paid 7 cents per mile and no more * * * " ; that the mileage so authorized is intended to and does cover every ordinary and reasonable expense of travel, including any cost of transportation of per- sonal baggage, such as an officer usually traveling in a mileage status usually carries with him; that to allow the claim in question would be to give the officer more than 7 cents a mile, contrary to the provision of the statute; and that the regulations authorizing such allowance (pars. 1137 and 1153, Regula- tions 1910) are directly contrary to the statute and without legal force or effect. (Asst. Comp. W. W. Warwick, July 29, 1913. Bulletin No. 27, Dig. Opins. J. A. G., Aug. 11, 1913.) Held, that the statute having limited the allowance of an officer traveling un- der conditions which entitle him to mileage to 7 cents per mile and no more, the payment of anything in addition for the transportation of his personal baggage while so traveling was not authorized, and that said paragraph 1137 of the Army Regulations was contrary to law and without legal effect. (Asst. Comp. W. W. Warwick, July 29, 1913. Bulletin No. 29, Dig. Opins. J. A. G., Sept. 10, 1913.) Held, that the the term " baggage " had two significations : First, articles which a traveler requires or takes with him on a journey for his personal use or convenience and with reference to his immediate necessities or to the ultimate purposes of his journey; and, second, to the portable equipment, including tents, clothing, utensils, and other necessaries of the Army; that Congress, in appro- priating for the transportation of the Army and its supplies, including trans- portation of the troops " and their baggage, and the cost of packing and crat- ing" the same, had reference to the latter character of baggage, which was the only kind of baggage for which the law had made provision for shipment at public expense, except as personal baggage was included in the mileage allow- ance ; and that there was no law which authorized the transportation at public expense of baggage as the term was used in the first sense under any circum- stances outside of the mileage allowance. With this explanation the decision of the auditor was approved, but in view of the fact that payment for trans- portation of baggage in the personal sense had been the long-continued practice, payments made by disbursing officers not later than September 24, 1913, being otherwise correct, would be passed to their official credit. (Asst. Comp. W. W. Warwick, Sept. 19, 1913. Bulletin No. 31, Dig. Opins. J. A. G., Oct. 10, 1913.) MILITARY LAWS OF THE UNITED STATES. 261 679. Same Where station is changed while on leave of absence. When the station of an officer is changed while he is on leave of ab- sence he will on joining the new station be entitled to mileage for the distance to the new station from the place where he received the order directing the change, provided the distance be no greater than from the old to the new station ; but if the distance be greater he will be entitled to mileage for a distance equal to that from the old to the new station only. Act of June 12, 1906 (34 Stat. 247) . (This paragraph is a reenactment of similar provisions contained in the urgent deficiencies appropriation act of February 27, 1907, 34 Stat. 32. ) 680. Same Traveling expenses in lieu of, on instruction jour- neys. For travel expenses of officers on journeys approved by the Secretary of War and made for the purpose of instruction: Pro- vided, That the traveling expenses herein provided for shall be in lieu of mileage and other allowances, * * * dollars. Act of Mar. 3, 1911 (36 Stat. 1056). 681. Actual expenses for contract and dental surgeons in Alaska. Hereafter actual expenses only, not to exceed four dollars and fifty cents per day and cost of transportation when not furnished by the Quartermasters' Department, shall be paid to the officers of the Army, contract surgeons, and dental surgeons, when traveling on duty without troops, under competent orders, within the geographi- cal limits of the Territory of Alaska. Act of May 11, 1908 (35 Stat. 114). 682. Actual expenses only for sea travel. For all sea travel actual expenses only shall be paid to officers, contract surgeons, contract dental surgeons, and veterinarians, to paymasters' clerks, and to the expert accountant of the Inspector- General's Department, when traveling on duty under competent orders, with or without troops, and the amount so paid shall not include any shore expenses at port of embarkation or debarkation; but for the purpose of deter- mining allowances for all travel under orders, or for officers and enlisted men on discharge, travel in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and between the United States and Alaska shall not be regarded as sea travel and shall be paid for at the rates established by law for land travel within the boundaries of the United States. Act of June 12, 1906 (34 Stat. 247). 683. Same On discharge. For sea travel on discharge actual ex- penses only shall be paid to officers and transportation and sub- sistence only shall be furnished to enlisted men. Act of Mar. 2, 1901 (31 Stat. 903). 684. Travel allowances on discharge, except as punishment. Hereafter when an officer shall be discharged from the service, ex- cept by way of punishment for an offense, he shall receive for travel 262 MILITARY LAWS OF THE UNITED STATES. allowances from the place of his discharge to the place of his resi- dence at the time of his appointment or to the place of his original muster into the service four cents per mile. 1 Id., 902. 685. Transportation in kind, on request. Officers who so desire may, upon application to the Quartermaster's Department, be fur- nished under their orders transportation requests for the entire jour- ney by land, exclusive of sleeping and parlor car accommodations, or by w^ater ; and the transportation so furnished shall, if travel was performed under a mileage status, be a charge against the officer's mileage account, to be deducted at the rate of three cents per mile by the paymaster paying the. account, and of the amount so de- ducted there shall be turned over to an authorized officer of the Quar- termaster's Department three cents per mile for transportation fur- nished, except over any railroad which is a free or fifty per centum land-grant railroad, for the credit of the appropriation for the trans- portation of the Army and its supplies. Act of June 12, 1906 (34 Stat.246). 686. Travel over bond-aided roads. When the established route of travel shall, in whole or in part, be over the line of any railroad on which the troops and supplies of the United States are entitled to be transported free of charge, or over any fifty per centum land- grant railroad, officers traveling as herein provided for shall, for the travel over such roads, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, by the Quarter- master's Department. Act of June 12, 1906 (34 Stat. 2^6} ., amending the act of Mar. 2, 1901 (31 Stat. 902). 687. Same Deduction. When transportation is furnished by the Quartermaster's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for which transportation has 1 An officer who voluntarily quits the military service is not entitled to travel pay. (1 Comp. Dec., 370.) An officer whose resignation, tendered on the ground of physical ./disability, is accepted, becomes entitled to travel pay, provided the disability did not exist at the time of his entering the service, or was nor incurred on accounr of liirf own misconduct during service. The length of service is material evidence in determining whether the disability existed prior to entry into the service. (Id.) Under section 1289 of the Revised Statutes an officer of the Volunteer Army is entitled to travel pay from the place of his discharge to the place where he accepted his appointment, but is not entitled to mileage on his discharge. (5 Comp. Dec., 113.) An officer or soldier who is discharged for his own convenience is not entitled to travel pay or allowances. (Id., 113.) An officer who is ordered to proceed to his home and is discharged, to take effect at a subsequent date, is entitled to mileage, but not to travel pay. (Id., 87. See also id., 705.) An order retiring an officer from active service in the Army, which contains no direction for him to proceed to his home, can not be regarded as an order directing him to perform the journey so as to confer a right to mileage. (4 id., 175.) MILITARY LAWS OP THE UNITED STATES. 263 been or should have been furnished. 1 Act of Mar. 0, 1901 (31 Stat. 902). 688. Mileage, restrictions upon expenditure of appropriation for, on inspections and investigations. Hereafter no portion of the appropriation for mileage to officers traveling on duty without troops shall be expended for inspections or investigations, except such as are especially ordered by the Secretary of War, or such as are made by army and department commanders in visiting their commands, and those made by Inspector- General's Department in pursuance of law, army regulations, or orders issued by the Secre- tary of War or the Commanding General of the Army; and all orders involving the payment of mileage shall state the special duty enjoined. 2 Act of Aug. 6, 18,94 (28 Stat. *The act of May 26, 1900 (31 Stat. 210), contained the following provision: " For traveling expenses and commutation of quarters for civilian physicians employed by the Surgeon-General, one thousand five hundred dollars." 2 It is a well-established fact that persons traveling on Government business are entitled to be reimbursed for their expenses. This is done either by a mileage allowance, a fixed sum as a commutation of expenses, or an itemized statement showing actual expenses. Prior to 1874 mileage was the most usual measure of allowances. (4 Comp. Dec. 421.) Mileage is a form of reimburse- ment, and "public business" is the foundation on which it rests. (Perrimond v. U. S., 19 Ct. Cls., 509.) Allowances for travel and subsistence are payable to officers and agents of the United States only when they are employed at other places than their places of residence. (Test v. U. S., id., 357.) In fact. mileage is merely a commutation for traveling expenses. (U. S. v. Smith, 158 U. S., 350.) The mileage allowance to an officer of the Army on the active list is fixed by law, the law in effect at the time the travel is performed and not the law in effect when the order for the travel is issued. (1 Comp. Dec., 29.) Except in cases of emergency, the right to mileage can not be conferred by an order issued after the journey has been performed. (4 Comp. Dec., 175.) The law and regulations requiring a specific order prior to the commencement of the journey must be strictly complied with, and the officer must make the journey within a reasonable time in accordance with the order to acquire a right to mileage. (Id.) An order to travel to a designated point, perform certain duty and return, is, in effect, two distinct orders, and the mileage allowances for each trip is fixed by the law at the time the travel in each case was commenced. (1 Coinp. Dec., 29.) It is not necessary that an order to travel should specifically designate places and routes. It may leave them to the discretion of the officer, and the subse- quent approval of the Department will be conclusive upon the accounting officers. (Billings v. U. S., 23 Ct. Cls., 166.) If public business was an element in an officer's circuity of route, he is entitled to mileage therefor; if it was not, the Government is not answerable for the increased distance. (Du Rose v. U. S., 19 Ct. Cls., 514.) Where the route is left to the discretion of the officer, his mileage should be calculated by the shortest usually traveled route, unless some good reason be shown for deviation. (Crosby v. U. S., 22 Ct. Cls., 13, 2 Comp. Dec., 544.) The question as to the shortest usually traveled route between any two points is a question of fact, and to be determined by the best obtainable evi- dence. * * * The time required in making the journey, the rates of fare, and the fact that an officer should be absent from his post of duty for the shortest possible period are important elements in determining the shortest usually traveled route in any particular case. Evidence should accompany the voucher on which payment is made, to estab- lish the fact that the distance is computed by the route which, for the time and occasion, is the shortest usually traveled route. Mileage can in no case be allowed for any distance in excess of the distance actually traveled, and if the 264 MILITARY LAWS OF THE UNITED STATES. 689. Disbursements to be made by the Quartermaster Corps. All the money hereinbefore appropriated for pay of the Army and mis- cellaneous, except the appropriation for mileage of officers, dental surgeons, contract surgeons, veterinarians, pay clerks, and expert accountant Inspector General's Department, when authorized by law, shall be disbursed and accounted for by officers of the Quartermaster Corps as pay of the Army, and for that purpose shall constitute one fund. 1 Act of Apr. 27, 1914 (38 Stat. 359). 690. Repairs to arms, etc. The cost of repairs or damages done to arms, equipments, or implements shall be deducted from the pay of distance actually traveled exceed the distance by the shortest usually traveled route, mileage can be allowed only for the distance by the shortest usually traveled route. (1 Comp. Dec., 115.) The mileage of an officer of the Army is to be computed by the shortest usu- ally traveled route regardless of the number of miles actually traveled, unless the orders under which he travels, or the necessities of the service (and not the mere convenience of the officer), require the use of a route longer than that usually traveled. (2 id., 544. See also 1 id., 118, 209 ; 4 id., 74 ; 5 id., 196.) When it appears that an army officer was directed to travel on military duty and had no order to stop over, or delay on his journey, it must be presumed by the accounting officers that he was directed to go by the shortest usually trav- eled route, without unnecessary delay, and he will be allowed only the cost of " through limited tickets " for such travel. The accounting officers look to the officer's orders as to the necessity for delay en route, not questioning the au- thority of the War Department to determine whether the officer's duty requires that he shall stop over on his journey. (3 Dig. Dec., 2d Comp., par. 1426.) The law relating to the cost of transportation contemplates that army officers traveling on duty without troops shall travel over the usually traveled routes in the mode usually adopted and by the conveyances usually employed. The exigencies of the service should be of an unusual character, not admitting of even the possibility of delay, to justify the officer in engaging the more costly transportation on fast or limited trains. (Id., 1429.) An officer ordered home, at his own request, to await orders, is entitled to mileage from his post to his home, such a journey constituting travel under orders. (Williamson v. U. S., 23 Wall., 411; Phisterer v. U. S., 12 Ct. Cls., 98, and 94 U. S., 219.) Where an officer who has received but has not yet taken advantage of a leave of absence is ordered to convey prisoners to another post his leave is to that extent suspended, and he is entitled to mileage. (Andrews v. U. S., 15 Ct. Cls., 264.) The Army Regulations provide that the expiration of an officer's leave of ab- sence must find him at his station. His station means his permanent station, not a place to which he was temporarily ordered and at which he accepted his leave of absence. (Andrews v. U. S., 15 Ct. Cls., 264.) An officer's proper sta- tion can not be changed by his being ordered to perform a temporary duty while on leave of absence. (Id.) If an officer on leave of absence be ordered to temporary duty at the place where he may happen to be, and he be kept there until after his leave of absence expires and then be ordered to his proper sta- tion, he will not be entitled to mileage. (Barr v. U. S., 14 Ct. Cls., 272.) An officer who voluntarily quits the military service is not entitled to travel pay. (1 Comp. Dec., 370.) An officer whose resignation, tendered on the ground of physical disability, is accepted, becomes entitled to travel pay, provided the disability did not exist at the time of his entering the service, or was not incurred on account of his own misconduct during service. The length of service is material evidence in determining whether the disability existed prior to entry into the service. (Id.) The expense for transportation to a point not located on a railroad incurred by an officer of the Inspector-General's Department in inspecting unserviceable river and harbor material, is properly payable from the appropriation for the river and harbor work. (3 Comp. Dec., 3.) *A similar provision first appeared in the act of June 30, 1886 (24 Stat. 95), and similar provisions have occurred in subsequent acts of appropriation for the support of the Army, especially the act of May 11, 1908 (35 Stat. 115). MILITARY LAWS OF THE UNITED STATES. 265 any officer or soldier in whose care or use the same were when such damages occurred, if said damages were occasioned by the abuse or negligence of said officer or soldier. Sec. 1303, R. S. 691. Deficiency in articles of military supplies. In case of de- ficiency of any article of military supplies, on final settlements of the accounts of any officer charged with the issue of the same, the value thereof shall be charged against the delinquent and deducted from his monthly pay, unless he shall show to the satisfaction of the Secre- tary of War, by one or more depositions setting forth the circum- stances of the case, that said deficiency was not occasioned by any fault on his part. And in case of damage to any military supplies, the value of such damage shall be charged against such officer and deducted from his monthly pay, unless he shall, in like manner, show that such damage was not occasioned by any fault on his part. 1 Sec. 1304, R. S. 692. Rations, etc., purchased on credit. The amount due from any officer for rations purchased on credit, or for any article designated by the inspectors-general of the Army and purchased on credit from commissaries of subsistence, shall be deducted from the payment made to such officer next after such purchase shall have been reported to the Paymaster-General. Sec. 1299, R. S. 693. Arrearages due United States. No money shall be paid to any person for his compensation who is in arrears 2 to the United States until he has accounted for and paid into the Treasury all sums for which he may be liable. In all cases where the pay or salary of any person is withheld in pursuance of this section, the accounting officers of the Treasury, if required to do so by the party, his agent or attorney, shall report forthwith to the Solicitor of the Treasury the balance due; and the Solicitor shall, within sixty days 1 The power given to the Secretary of War to order a stoppage of pay against a delinquent officer is exclusive and discretionary, but is not to be asserted against an officer acting under an order which he is bound to obey, and as to which he is expressly relieved from personal liability. Such an abuse of power would not tend to preserve but to subvert military order and discipline. The refusal of the Secretary of War to stop an officer's pay is not a decision upon the merits ; it will not bind the Government nor preclude the Comptroller from causing a suit to be brought against the officer; it merely determines that the officer is so far without fault that the harsh and summary remedy of stop- ping his pay should not be resorted to. (Smith v. U. S., 24 Ct. Cls., 209, 215; Billings v. U. S., 23 id., 166, 175.) 8 Persons in " arrears," are only such, as having previous transactions of a pecuniary nature with the Government, are found, upon the settlement of these transactions, to be in arrears to it. (Ill Opin. Att. Gen., 52.) This section only applies to cases in which the party who claims compensation is liable to the United States. (Hedrick v. U. S., 16 Ct. Cls., 88.) The phrase " who is in arrears to the United States," contained in the act of January 25, 1828 (sec. 1766, Revised Statutes), applies only to persons who, having had previous transactions of a pecuniary nature with the Government, are found upon the settlement of those transactions, to be in arrears. (Ill Opin. Att. Gen., 52.) Where an officer of the Army assigned his pay accounts in payment of certain indebtedness, which accounts the Paymaster-General de- clined to pay, for the reason that, n the maturity thereof, the officer was in 266 MILITARY LAWS OF THE UNITED STATES. thereafter, order suit to be commenced against such delinquent and his sureties. 1 Sec. 1766, R. S. 694. Same When admitted or shown ~by judgment of court. The pay of officers of the Army may be withheld under section seventeen hundred and sixty-six of the Revised Statutes on account of an indebtedness to the United States admitted or shown by the judg- ment of a court, but not otherwise, unless upon a special order issued according to the discretion of the Secretary of War. 2 Act of July 16,1892 (27 Stat.177). 695. Rates of pay of master electricians, noncommissioned officers, etc. Hereafter the monthly pay of enlisted men of the Army during their first enlistment shall be as follows, namely : Master electricians, master signal electricians, seventy-live dollars ; engineers, sixty-five dollars ; sergeants first class Hospital Corps, fifty dollars ; regimental sergeants-major, regimental quartermaster- sergeants, regimental commissary-sergeants, sergeants-major senior grade coast artillery, battalion sergeants-major of engineers, post quartermaster-sergeants, post commissary-sergeants, post ordnance-sergeants, battalion quar- termaster-sergeants of engineers, electrician-sergeants first class, sergeants first class Signal Corps, and first sergeants, forty-five dollars; battalion sergeants-major of infantry and field artillery, squadron sergeants-major, sergeants-major junior grade coast artil- lery, battalion quartermaster-sergeants, field artillery, and master gunners, forty dollars ; electrician-sergeants second class, sergeants of engineers, ordnance, and Signal Corps, quartermaster-sergeants of engineers, and color-sergeants, thirty-six dollars ; sergeants and quar- termaster-sergeants of cavalry, artillery, and infantry, stable-ser- geants, sergeants, and acting cooks of the Hospital Corps, firemen, and cooks, thirty dollars. 3 Act of May 11, 1908 (35 Stat. 109). 696. Same Indian scouts. Indians, enlisted or employed by order of the President as scouts, shall receive the pay and allowances of cavalry soldiers. That so much of the army appropriation act of twenty-fourth July, eighteen hundred and seventy-six, as limits the number of Indian scouts to three hundred is hereby repealed; and sections ten hundred and ninety-four and eleven hundred and twelve arrears to the United States; held that the refusal of the Paymaster-General was in accordance with section 1766 of the Revised Statutes. (XVII Opin. Att. Gen., 30.) 1 See, as to effect on sureties, XX id., 447: This section does not apply to original vacancies. (XVIII id., 28; see, also, XVII id., 476.) 2 Section 1766, Revised Statutes, which prescribes that " no money shall be paid to any person for his compensation who is in arrears to the United States, until he has accounted for and paid into the Treasury all sums for which he may be liable," has not in practice been so strictly construed as to preclude the making of stoppages against the pay of officers and enlisted men in such monthly amounts as to leave a margin for necessary living expenses. Thus where the stoppage against an enlisted man was $100, advised that it be col- lected at the rate of $10 per month. (Dig. Opins. J. A. G., p. 865, B2.) 8 For pay and allowances of the female nurse corps, hospital matrons, and the hospital corps, see chapter on the Medical Department. MILITARY LAWS OF THE UNITED STATES. 267 of the Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force: Provided, That a pro- portionate number of noncommissioned officers may be appointed. And the scouts, when they furnish their own horses and horse equip- ments, shall be entitled to receive forty cents per day for their use and risk so long as thus employed. Sec. 1276, R. S. As amended by act of Aug. 12, 1876 (19 Stat. 131). 697. Same Mess sergeants, corporals, mechanics, etc. Mess ser- geants shall receive six dollars per month in addition to their pay; corporals of engineers, ordnance, Signal Corps, and Hospital Corps, chief mechanics, and mechanics, coast artillery, twenty-four dollars; corporals of cavalry, artillery, and infantry, mechanics of field artil- lery, blacksmiths and farriers, saddlers, wagoners, and artificers, twenty-one dollars. Act of May 11, 1908 (35 Stat. 109) . 698. Same Blacksmiths, farriers, privates, etc. Not to exceed one blacksmith and farrier in each troop of cavalry and one mechanic in each battery of field artillery shall receive nine dollars per month additional for performing the duty of horseshoer; privates first class of engineers, ordnance. Signal Corps, and Hospital Corps, eighteen dollars; privates, Hospital Corps, sixteen dollars; trumpeters, musi- cians of infantry, artillery, and engineers, privates of cavalry, artil- lery, infantry, Signal Corps, and private second class, engineers and ordnance, fifteen dollars. Id. 699. Same Marksmen, classifications of. Hereafter enlisted men now qualified or hereafter qualifying as marksmen shall receive two dollars per month ; as sharpshooters, three dollars per month ; as ex- pert riflemen, five dollars per month; as second-class gunners, two dollars per month ; as first-class gunners, three dollars per month ; as gun pointers, gun commanders, observers second class, chief planters and chief loaders, seven dollars per month ; as plotters, observers first class, and casemate electricians, nine dollars per month, all in addi- tion to their pay, under such regulations as the Secretary of War may prescribed, but no enlisted man shall receive at the same time addi- tional pay for more than one of the classifications named in this sec- tion. Id. (35 Stat. 1/0). 700. Same Number of gun pointers, etc., not to be increased. Nothing in this Act shall be construed to increase the total number of gun pointers, gun commanders, observers, chief planters, chief loaders, plotters, and casemate electricians now authorized by law. Id. 701. Same Enlisted men of bands. Hereafter the monthly pay during the first enlistment of enlisted men of bands, exclusive of the band of the United States Military Academy, shall be as follows: Chief musicians, seventy-five dollars; principal musicians and chief trumpeters, forty dollars; sergeants and drum-majors, thirty- 268 MILITARY LAWS OF THE UNITED STATES. six dollars; corporals, thirty dollars; and privates, twenty-four dol- lars; and the continuous- service pay of all grades shall be as pro- vided in this Act: Provided, That army bands or members thereof shall not receive remuneration for furnishing music outside the lim- its of military posts when the furnishing of such music places them in competition with local civilian musicians. Id. 702. Same Not to be construed as to reduce that of any officer or enlisted man. Nothing herein contained shall be construed so as to reduce the pay or allowance now authorized by law for any officer or enlisted man of the Army; and all laws or parts of laws incon- sistent with the provisions of this Act are hereby repealed. Id. 703. Same Horseshoer. One of the tAvo "blacksmiths and far- riers" now authorized by law for each troop of cavalry shall here- after be designated as " horseshoer " and receive the pay otf a sergeant of cavalry, and the other shall hereafter be designated as " farrier " and receive the pay of a corporal of cavalry; and that one of the "mechanics" now authorized by law for each battery of field ar- tillery shall hereafter be designated as " horseshoer " and receive the pay of a sergeant of artillery. Act of Mar. *23, 1910 (36 Stat. 245). 704. Detachments at recruiting stations and prisons Pay and allowances of. Hereafter the Secretary of War shall be authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruit depots and the United States military prison, and of the enlisted men so de- tached, and while performing such duty, there shall be allowed for each depot and the prison one who shall have the rank, pay, and allowances of battalion or squadron sergeant-major, and for each recruit and prison company one who shall have the rank, pay, and allowances of first sergeant, five the rank, pay, and allowances of sergeant, and six the rank, pay, and allowances of corporal, of the arm of the service to which they respectively belong. Act of June 12, 1906 (34 Stat. 2J$). 705. Same Increase in time of war. In time of war the pay proper of enlisted men shall be increased twenty per centum over and above the rates of pay as fixed by law. 1 Sec 6, Act of Apr. 26, 1898 (30 Stat. 365). 706. Bonus for reenlistment. Hereafter any private soldier, mu- &ician or trumpeter honorably discharged at the termination of his first enlistment period who reenlists within three months of the date of said discharge shall, upon such reenlistment, receive an amount 1 It has been decided by the Comptroller of the Treasury that the increase of 20 per cent authorized by section tf of the act of April 26, 1898, is to be com- puted upon the minimum rates of pay, or pay proper, allowed by law to the several grades of enlisted men. All increases in or additions to the pay of enlisted men, as for reenlistment, length of service, certificates of merit, and the like are to be excluded from the computation. (4 Comp. Dec., 668.) MILITARY LAWS OF THE UNITED STATES. 269 equal to three months' pay at the rate he was receiving at the time of his discharge. Act of May 11, 1908 (35 Stat. 110). 707. Same Retained pay. Hereafter no pay shall be retained: but this provision shall not apply to deductions authorized on account of the Soldiers' Home. 1 Act of Mar. 16, 1896 (29 Stat. 60) . 708. Same Continuous service. Hereafter any soldier honorably discharged at the termination of an enlistment period who reenlists within three months thereafter shall be entitled to continuous- service pay as herein provided, which shall be in addition to the initial pay provided for in this Act and shall be as follows, namely : For those whose initial pay as provided herein is thirty-six dollars or more an increase of four dollars monthly pay for and during the second en- listment, and a further increase of^four dollars for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. For those whose initial pay as provided for herein is eighteen, twenty-one, twenty- four, or thirty dollars, an increase of three dollars monthly pay for and during the second enlistment, and a further increase of three dollars for and during each subsequent enlistment up to and includ- ing the seventh, after which the pay shall remain as in the seventh enlistment. For those whose initial pay as provided for herein is fifteen and sixteen dollars, an increase of three dollars monthly pay for and during the second and third enlistments each, and a further increase of one dollar for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. Act of May 11, 1908 (35 Stat. 109). 'For act of May 11, 1908 (35 Stat 110), repealing the authorized deduction from the pay of enlisted men for the benefit of the Soldiers' Home, see paragraph 721, post. By the acts of May 15, 1872 (17 Stat. 116, sec. 1281, Revised Statutes), and June 16, 1890 (26 id., 157), certain portions of the monthly pay of enlisted men were retained by the United States. The sums so retained were paid to the soldier at discharge, with interest at the rate of 4 per cent per annum from the several dates of retention, provided the service of the soldier had been honest and faithful, and the Secretary of War was authorized to determine what mis- conduct on the part of the soldier should " constitute a failure to render honest and faithful service " within the meaning of the statute. It was pro- vided, however, that " no soldier who has deserted at any time during the term of an enlistment shall be deemed to have served such term honestly and faith- fully " (26 Stat. 157). The practice of retaining pay was discontinued as to enlisted men in the first year of their enlistments by the act of February 12, J895 (28 Stat. 654), and as to enlisted men generally by the act of March 16, 1890 (29 Stat. 60). Since March 16, 1896, the several statutes respecting the retention of pay of enlisted men have applied only in the settlement of the accounts in cases where retained pay had accrued prior to the passage of the act of March 16, 1896. Retained pay is authorized by law. The Secretary of War has no control over it. He only determines whether the service has been honest and faithful. The operation of the law follows immediately upon his decision, and either vests in the soldier the right to receive the pay or deprives him of it, according to the character of service he has rendered. (3 Dig. 2d Comp. Dec., 231.) Under the act of June 16, 1890, the accounting officers have no jurisdiction to review a decision of the Secretary of War that a soldier did not serve honestly and faithfully. (3 Comp. Dec., 557.) 270 MILITARY LAWS OF THE UNITED STATES. 709. Same Commissioned service in Volunteer organizations to be counted as. All enlisted men of the Regular Army who served as commissioned officers of United States Volunteers organized in eighteen hundred and ninety-eight and eighteen hundred and ninety- nine, or who have served or may be now serving as such in the Porto Rico Provisional Regiment or in the Philippine Scouts, who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all con- tinuous-service pay and to count, in computing the time necessary to enable them to retire, as enlisted men. Act of Mar. 2, 1903 (32 Stat. 934). 710. Same Commissioned service in Philippine Scouts to ~be counted as. All enlisted men of the Regular Army who have been appointed commissioned officers of Philippine Scouts subsequent to March second, nineteen hundred and three, or who may hereafter be so appointed, and who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous service pay and to count, in com- puting the time necessary to enable them to retire, as enlisted men. Act of June 12, 1906 (34 Stat. 248). 711. Same Allotments of. The Secretary of War is hereby au- thorized to permit enlisted men of the United States Army to make allotments of their pay, under such regulations as he may prescribe, for the support of their families or relatives, for their own savings, or for other purposes, during such time as they may be absent on distant duty, or under other circumstances warranting such ac- tion. 1 Sec. 16, Act of Mar. 2, 1899 (30 Stat. 981). 712. Same Credit to disbursing officers for payment of. Here- after all allotments of pay of enlisted men of the United States Army, under section sixteen of act of Congress approved March second, eighteen hundred and ninety-nine, that have been or shall be paid to the designated allottees, after the expiration of one month subsequent to the month in which said allotments accrued, shall pass to the credit of the disbursing officer who has made or shall make such payment: Provided, That said disbursing officer shall, before making payment of said allotments, use, or shall have used, due dili- gence in obtaining and making use of all information that may have been received in the War Department relative to the grantors of the allotments: And provided further, That if an erroneous payment 1 Under section 16 of the act of March, 1899, which authorizes the Secretary of War to permit enlisted men of the Army to make allotments of their pay, payment in advance, or without evidence that the soldier is entitled to the amount allotted at the time the payment is to be made, is not authorized. (6 Comp. Dec., 252.) MILITARY LAWS OF THE UNITED STATES. 271 is made because of the failure of an officer responsible for such report to report, in the manner prescribed by the Secretary of War, the death of a grantor or any fact which renders the allotment not pay- able, then the amount of such erroneous payment shall be collected by the Paymaster-General from the officer who fails to make such report, if such collection is practicable. 1 Act of Mar. 2, 1901 (31 Stat. 896). 713. Period and computation of time for retirement. That when an enlisted man has served as such thirty years in the United States Army or Marine Corps, either as private or noncommissioned officer, or both, he shall, by application to the President, be placed on the retired list hereby created, with the rank held by him at the date of retirement, and he shall receive thereafter seventy-five per centum of the pay and allowances of the rank upon which he was retired: Provided, That if said enlisted man had war service with the Army in the field, or in the Navy or Marine Corps in active service^ either as volunteer or regular, during the war of the rebellion, such war service shall be computed as double time in computing the thirty years necessary to entitle him to be retired. 2 Act of Sept. 30, 1890 (26 Stat. 504). 714. Retired enlisted men Additional allowances to. That when an enlisted man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making applica- tion to the President, be placed upon the retired list, with seventy- five per centum of the pay and allowances he may then be in receipt of, and that said allowances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel, and light: Provided, That in computing the necessary thirty years' time all service in the Army, Navy, and Marine Corps shall be credited. Act of Mar. 2, 1907 (34 Stat. 1217). 715. Allowances of retired enlisted men Cash payment in lieu of. Hereafter a monthly allowance of nine dollars and fifty cents be granted in lieu of the allowance for subsistence and clothing. 3 Act of Mar. 16, 1896 (29 Stat. 62). 1 For requirements of regulations in respect to allotments of pay by enlisted men, and payments of the same to the designated allottees, see paragraphs 1347-13GO, A. R., 1913. Under the authority conferred by the above statutes the privilege of making allotments of pay is restricted to enlisted men and does not extend to commissioned officers. 2 This statute replaces the act of February 14, 1885 (23 Stat. 305), on the same subject. 3 For provisions as to pay of enlisted men of the Volunteer forces when in the service of the United States, under section 13, Act of April 27, 1914 (Pub. No. 90, 38 Stat. ), see paragraph 1394, ante. See paragraph 1052, post, chapter Enlisted Men. Under the act of February 14, 18S5 (23 Stat. 305), and the act of September 30, 1890 (26 id., 504), providing that a hospital steward shall be retired on 75 272 MILITARY LAWS OF THE UNITED STATES. 716. Method of making and keeping. Any enlisted man of the Army may deposit his savings, in sums not less than five dollars, with any army paymaster, who shall furnish him a deposit book, in which shall be entered the name of the paymaster and of the soldier, and the amount, date : and place of such deposit. The amount so deposited shall be accounted for in the same manner as other public funds, and shall be deposited in the Treasury of the United States and kept as a separate fund, known as pay of the Army deposit fund, repayment of which to the enlisted man on discharge from the service shall be made out of the fund created by said deposits, and shall not be subject to forfeiture by sentence of court-martial, but shall be forfeited by desertion, and shall not be permitted to be paid until final payment on discharge, or to the heirs or representa- tives of a deceased soldier, and that such deposits be exempt from liability for such soldier's debts: Provided, That the Government shall be liable for the amount deposited to the person so depositing the same. 1 Act of June 12, 1906 (34 Stat. 246) . 717. Same To bear interest. For any sums not less than five dollars so deposited for the period of six months or longer, the soldier, on his final discharge, shall be paid interest at the rate of four per centum per annum. 2 Sec. 1306, R. S. 718. Same Secretary of War to prescribe regulations for. The system of deposits herein established shall be carried into execution under such regulations as may be established by the Secretary of War. 8 Sec. 1307, R. S. 719. Certificates of merit. A certificate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of two dollars per month while he is in the military service, although such service may not be continuous. Sec. 2, Act of Feb. 9, 1891 (26 Stat. 737}. 720. Same During captivity. Every noncommissioned officer and private of the Regular Army, and every officer, noncommissioned offi- per cent of tlie pay and allowances of the rank upon which he was retired, the steward is not entitled to commutation for fuel and quarters, but he is entitled to three-fourths of his entire personal pay, including clothing and subsistence. (Lander v. U. S., 30 Ct. Cls., 311.) The increase of 20 per cent authorized in the pay of enlisted men in time of war does not apply to enlisted men on the retired list. (6 Comp. Dec., 182.) 'The act of June 16, 1890 (26 Stat. 157), contains the requirement that the sums retained from the monthly pay of enlisted men under sections 1281 and 1282, Revised Statutes, shall be treated as deposits upon which interest shall be paid in accordance with sections 1305, 1306, 1307, and 1308, Revised Statutes. 2 Amended by the act of March 3, 1883 (22 Stat. 456), so as to authorize the deposit, at interest, of sums not less than $5 in amount. 8 For regulations respecting deposits, see paragraphs 1361-1369, Army Regu- lations of 1913. Held that a company commander can not legally force a soldier to deposit with the paymaster, nor can he, without the soldier's consent, deposit private money of the soldier which is in the company commander's possession. (Dig. Opins. J. A. G., p. 373, B.) MILITARY LAWS OF THE UNITED STATES. 273 cer, and private of any militia or volunteer corps in the service of the United States who is captured by the enemy, shall be entitled to re- ceive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence, and allowance to which he may be entitled while in the actual service of the United States ; but this provision shall not be construed to entitle any prisoner of war of such militia corps to any pay or compensation after the date of his parole, except the traveling expenses allowed by law. Sec. 1288, R. S. 721. Travel pay on discharge. That hereafter when an enlisted man is discharged from the service, except by way of punishment for an offense, he shall be entitled to transportation in kind and sub- sistence from the place of his discharge to the place of his enlistment, or to such other place within the ^continental limits of the United States as he may select, to which the distance is no greater than from the place of discharge to place of enlistment; but if the distance be greater he may be furnished with transportation in kind and sub- sistence for a distance equal to that from place of discharge to place of enlistment, or, in lieu of such transportation and subsistence, he shall, if he so elects, receive two cents a mile, except for sea travel, from the place of his discharge to the place of his enlistment. 1 Act of Aug. 24, 1912 (37 Stat. 576). 722. Deductions for Soldiers^ Home abolished. Sections twelve hundred and eighty, twelve hundred and eighty-one, and twelve hundred and eighty-four of the Revised Statutes be, and are hereby, repealed, and so much of section forty-eight hundred and nineteen as pertains to the deduction of twelve and one-half cents per month from the pay of every soldier of the Regular Army for the benefit of the Soldiers' Home be, and the same is hereby, repealed. 2 Act of May 11, 1908 (35 Stat. 110). *For provision of act of March 2, 1901 (31 Stat. 902), that transportation and subsistence only shall be furnished to enlisted men for sea travel on dis- charge, see paragraph 683, ante. An officer or soldier who is discharged for his own convenience is not en- titled to travel pay or allowances. (5 Comp. Dec., 113.) An enlisted man who is discharged at his own request by reason of the illness of his wife is discharged for his own convenience and is not entitled to travel pay. (Id., 939.) Under section 1290, Revised Statutes, as modified by the act of February 27, 1877 (19 Stat. 244), it has been held that where a soldier's first discharge is followed by his reenlistment within a few days, so that his service is practically continuous, and his second discharge occurs at the place of his original enlist- ment, he is not entitled to commutation for travel and subsistence to the place of his second enlistment. (U. S. v. Thornton, 160 U. S., 654.) a For section 1220, Revised Statutes, authorizing commanding officers to cause clothing to be altered and new made, so as to better fit them to the persons, respectively, for whose use they shall be delivered, and to deduct the cost of such alterations from the pay of the persons to whom the clothing is delivered; and act of March 2, 1889 (25 Stat. 831), fixing the maximum price for altering and fitting soldiers' clothing, see paragraphs 577 and 578, ante. For section 1302, Revised Statutes, providing that the money value of all clothing overdrawn by the soldier beyond his allowance shall be charged against 48985 15 18 274 MILITARY LAWS OF THE UNITED STATES. 723. Laundry, etc., for recruits at depots. Traders and laundry- men at depots for recruits in the Army are authorized to furnish such recruits, on credit, with laundry work and such articles as may be necessary for their cleanliness and comfort, at a total cost not to exceed seven dollars in value per man. That muster and pay rolls be made out showing the amounts the recruits respectively owe to the traders and laundrymen, and signed by them before leaving the depot, and that the traders and laundrymen be paid on such rolls, the amount paid for each recruit to be noted accordingly on the muster and descriptive rolls, in order that it may be withheld, after he joins his company, by the paymaster, at the first subsequent pay- ment, under such rules and regulations as may be adopted by the War Department : Provided, That this provision shall apply only to recruits on their enlistment, and the credit shall only be allowed on the written order of the regular recruiting officer at said station. 1 Sec. 3, Act of June 30, 1882 (22 Stat. 122}. 724. Tobacco, deduction of amount due for. The amount due from any enlisted man for tobacco sold to him at cost prices by the United States shall be deducted from his pay in the manner provided for the settlement of clothing accounts. Sec. 1301, R. S. 725. Subsistence stores, credit sales. The amount due from any enlisted man for articles designated by the inspectors-general of the Army, and sold to him on credit by commissaries of subsistence, shall be deducted from the payment made to him next after such sale shall have been reported to the Paymaster-General. 2 Sec. 1300, R. S. 726. Assignment of pay forbidden. No assignment of pay by a noncommissioned officer or private, previous to his discharge, shall be valid. Sec. 1291, R. S. 727. Detained pay Appropriation from which payable. Here- after sums known as detained pay, which have already been or may hereafter be withheld from the monthly pay of enlisted men of the him every six months on the muster roll of his company, etc., see paragraph 574, ante. For section 1303, Revised Statutes, authorizing the deduction from the pay of any officer or soldier the cost of repairs or damages done to arms, equip- ments, or implements, when the damage was occasioned by their abuse or negligence, see paragraph 690, ante. ^he act of June 28, 1893 (27 Stat. 426), directing that no more post traders be appointed, will operate to restrict this privilege to laundrymen at depots. Paragraph 1169, Army Regulations of 1913, requires all laundry charges to be charged to the recruit on his clothing account and to be noted on his descriptive and assignment card. 2 For rules respecting sales on credit see paragraphs 1242, 1244, and 1249- 1251, Army Regulations of 1913. A stoppage differs from a fine or forfeiture, in that the latter is imposed as punishment for an offense, while the former is a means of reimbursement or a " charge on account " to make good a loss. A stoppage can not therefore, in the absence of a statute or regulation authorizing it, legally be imposed as a punishment for an offense. But it is entirely legal to stop against a soldier's pay, under the Army Regulations, an amount required to reimburse the United MILITARY LAWS OF THE UNITED STATES. 275 Army in obedience to court-martial sentences, shall, when repaid, become a charge against the fund " pay of the Army " ior the year in which said enlisted men have been or may be discharged. Act of Aug. 6, 1894 ($8 Stat. 236). HISTORICAL NOTE. The office of Quartermaster General was created during the War of the Revo- lution by a resolution of Congress of June 16, 1775 ; by a subsequent resolution dated July 19, 1775, the appointment to the vacancy was vested in General Washington, and by a resolution of December 22, 1775, the rank of colonel was attached to the office. The appointment was conferred upon Thomas Mifflin, of Pennsylvania, who continued to exercise its functions until August 5, 1780, save for the period between June 5 and October 1, 1776, when the office was held by Col. Thomas Moylan. Upon the resignation of General Mifflin he was succeeded by Gen. Nathanael Greene, who was appointed to another command on August 5, 1780, and was succeeded .by Col. Timothy Pickering, who continued to perform the duties of the office until the close of the war. On July 25, 1785, the office expired by statutory limitation. After the close of active military operations in 1781 the practice of supplying the troops by a system of contracts which had been resorted to during the war, and had been approved by a resolution of Congress dated October 2, 1778, was resumed and continued to exist until its failure as an efficient method of supply was demonstrated during the War of 1812. The office of quartermaster was established by sections 5 and 6 of the act of March 3, 1791 (1 Stat. 222) ; the incumbent of this office was designated as Quartermaster General, and the rank of lieutenant colonel was conferred by sec- tions 10 and 11 of the act of March 3, 1795 (id., 431), and the office as thus established was continued in the acts to ascertain and fix the military estab- lishment, approved May 30, 1796 (id., 483), and March 3, 1797 (id., 507). The provisional establishment authorized in contemplation of war with France by the acts of May 28, 1798 (id., 558), and March 3, 1799 (id., 740), made provision for a Quartermaster General, with the rank of major general, with deputy quartermasters general for armies and quartermasters for divisions, who were to be selected from the line. Operations looking to an increase of the Army were suspended by the acts of February 20, 1800 (2 Stat. 7), and May 14, 1800 (id., 85). The duties hitherto performed by the Quartermaster's Department were, by section 3 of the act of March 16, 1802 (id., 133), devolved upon the Paymaster General, and upon the military agents and assistant military agents authorized by that enactment, and this arrangement continued until the estab- lishment of the Quartermaster's Department in 1808. The procurement of supplies for the military establishment during the period immediately following the organization of the Government under the Constitu- tion was regulated by section 5 of the act of May 8, 1792 (1 Stat. 280), which contained the requirement that " all purchases and contracts for supplying the Army with provisions, clothing, supplies in the Quartermaster's Department, military stores, Indian goods, and all other supplies or articles for the use of the Department of War be made by or under the direction of the Treasury Department." The office of purveyor of public supplies in the Treasury Depart- ment was created by the act of February 23, 1795 (id., 419), and this officer was to perform the duties, in connection with contracts and purchases, which had been prescribed in the act of May 8, 1792. The power to make purchases States for loss on account of damage done to public property, while at the same time bringing the soldier to trial by court-martial for the offense involved. (Dig. Opins J. A. G., p. 866 B5; Gratiot v. U. S., 15 Pet., 336; McKnight v. U. S., 98 U. S, ISO.) The United States is not authorized to stop against. the pay of an officer or soldier an amount of personal indebtedness to another officer or soldier, though such indebtedness may have grown out of the relations of the military service. Thus, in the absence of a sentence of court-marti.nl forfeiting the same, an officer's pay can not legally be stopped with a view to the reimbursement of enlisted men who have deposited with him money for safe-keeping, which he has failed to return when required, the officer being accountable for the same in a personal capacity only. (Dig. Opius, J. A, G., 866 B6.) 276 MILITARY LAWS OF THE UNITED STATES. for the military establishment, by contract or otherwise, was vested in the Secretary of War by section 3 of the act of July 16, 1798 (id., 610) ; and by section 6 of the same enactment, the corresponding power was withdrawn from the purveyor of public supplies, the purpose of the statute being to vest the power of purchase in the Secretary of War and that of auditing the vouchers of purchase in the accounting officers of the Treasury. By the act of March 3, 1809 (2 id., 535), a method of making purchases and of accounting for the same was prescribed by statute. The Quartermaster's Department, eo nomine, was established by the act of March 28, 1812 (2 Stat. 690), and consisted of a Quartermaster-General, with the rank of brigadier-general, four deputy quartermasters, and as many assist- ant deputy quartermasters as, in the opinion of the President, the public service might require; in section 3 the duties of the department were denned. A com- missary-general of purchases was also authorized, and a purchasing department was established, to consist of a commissary-general of purchases, a deputy for each division, six assistant commissaries of issues, and as many military store- keepers as the service might require. The duties of the purchasing department, which were to some extent in conflict with those prescribed for the Quarter- master's Department, appear to have been restricted to the procurement of subsistence stores and supplies, leaving the purchase of forage, the provision of transportation, etc., to the Quartermaster-General. The act of April 23, 1812 (id., 710), established a corps of artificers as a component part of the Quarter- master's Department; and by the act of May 22, 1812 (id., 742), a force of barrack masters was authorized, and officers of the department were required to give bond for the faithful expenditure of public moneys and accounting for all public property which might come into their hands. The office of super- intendent-general of military supplies was created by the act of March 3, 1813 (id., 816), and charged with the duty of supervising the rendition and audit of accounts and returns from officers in the military service ; this office was abol- ished by the act of March 3, 1817 (3 id., 366), the duties of audit being trans- ferred to the accounting officers of the Treasury. In the reorganization of the staff, which was accomplished by the act of April 24, 1816 (3 Stat. 297), the services of the Quartermaster-General were retained and a deputy quartermaster-general was authorized for each division and an assistant for each brigade, who were to supersede the existing quartermasters of brigades. By section 3 of the act of April 14, 1818 (id., 426), the department was to consist of a Quartermaster-General (brigadier-general), four assistant deputy quartermasters-general, and as many additional assistants as the Presi- dent might deem proper. At the general reduction of 1821 the strength of the department was fixed at a Quartermaster-General (brigadier-general), two quartermasters (majors of cavalry), and ten assistant quartermasters, to be detailed from the line with $10 per month additional compensation. By section 4 of the act of May 18, 1826 (4 id., 173), two quartermasters and ten assistants were added, who were also to be taken from the line. This statute imposed upon the department the duty of distributing (but not purchasing) the clothing, camp and garrison equipage required for the use of the troops. By section 9 of the act of July 5, 1838 (5 id., 256), two assistant quartermasters-general (lieu- tenant-colonels), and eight assistant quartermasters (captains) were added, and officers already in the department were placed on the same footing in re- spect to rank, pay, and emoluments (that of officers of dragoons of correspond- ing rank) as those therein authorized; forage and wagon masters, not to exceed twenty in all, were also authorized. The office of commissary-general of pur- chases was abolished by section 3, act of August 23, 1842 (5 id., 512), and its duties were merged in those required to be performed by the Quartermaster's Department. At the outbreak of the War with Mexico provision was made for the expansion of the department in section 5, act of June 18, 1846 (9 Stat. 17), by the appoint- ment of a quartermaster (major) for each brigade and an assistant quarter- master (captain) for each regiment. By section 10, act of February 11, 1847 (id., 126), four quartermasters and ten assistant quartermasters were added to the department; by section 10, act of July 19, 1848 (id., 247), so much of the act of February 11, 1847, as required the discharge of the additional officers therein authorized was repealed. Five military storekeepers were added by the act of March 3, 1857 (11 id., 200). For the volunteer forces called into the service at the commencement of the War of the Rebellion, brigade quartermasters (captains) were authorized for each brigade, and the permanent force of the department was increased by the MILITARY LAWS OF THE UNITED STATES. 277 addition of one colonel, two lieutenant-colonels, four majors, and twenty cap- tains by section 3 of the act of August 3, 1861 (12 Stat. 287) ; captains after fourteen years' service were to be advanced to the grade of major, and wagon masters and teamsters were authorized with the pay and allowances of ser- geants and corporals, respectively. The number of military storekeepers was increased to twelve by section 8 of the act of 1862 (id., 509). The office of the Quartermaster-General was reorganized into eight divisions, and six inspectors and ten chief quartermasters of armies and departments (colonels) and divi- sion quartermasters with the rank of major were authorized for the period of the war. At the general reorganizaton of 1866 the strength of the department was in- creased to the following: One Quartermaster General (brigadier general), six assistant quartermasters general (colonels), ten deputy quartermasters general (lieutenant-colonels), fifteen quartermasters (majors), and forty-four assistant quartermasters (captains), section 13, act of July 28, 1866 (14 Stat. 334). The vacancies created by the act were to be filled by the appointment of persons who had served in the Quartermaster's Department during the War of the Rebellion ; so soon as the vacancies created by the act had been once filled, however, there were to be no appointments or promotions to the grades of captain and major until the number of officers in those grades had been reduced to twelve and thirty, respectively. Promotions and appointments were prohibited until the further order of Congress by section 6, act of March 3, 1869 (15 Stat. 318, sec. 1194, R. S.), but this prohibition was removed by the act of March 3, 1875 (18 id., 330), which provided the following permanent organization for the department: One Quartermaster General (brigadier general), four assistant quartermasters general (colonels), eight deputy quartermasters general (lieu- tenant colonels), fourteen quartermasters (majors), and thirty assistant quartermasters (captains) ; no more military storekeepers were to be ap- pointed, and the office was eventually to cease to exist upon the death or retire- ment of the storekeepers then in service. Appointments to the grade of captain from civil life were authorized, in the discretion of the President, by the act of March 3, 1883 (22 id., 456), but this requirement was repealed by the act of August 6, 1894 (28 id., 234), which restricted such appointments to officers of the next lower grade in the line of the Army. The corps of quartermaster sergeants was added by the act of July 5, 1884 (23 id., 107), and the corps of army service men was attached to the department by the act of June 20, 1890 (26 id., 163). At the outbreak of the War with Spain the Secretary of War was authorized by the act of July 7, 1898 (30 id., 714), to assign four officers of the department to duty as inspectors, and these officers, together with the four principal assistants in the office of the Quartermaster General, the heads of the divisions in the same office, and the officers in charge of the principal depots, not exceeding twelve in number, were to have, during such assignment, the rank and pay one grade higher than that actually held by them in the Regular or Volunteer service; such increase in rank, however, was in no case to exceed that of colonel, and was to continue for a period not exceeding one year after the close of the war. Two colonels, two lieutenant colonels, three majors, and twenty captains were added to the volunteer force of the depart- ment for the period of the existing war. The corps of post quartermaster sergeants was increased to a total strength of one hundred and five by the act of July 8, 1898 (id., 728). By section 16 of the act of February 2, 1901 (31 Stat. 751), the permanent strength of the department was fixed at one Quartermaster General with the rank of brigadier general, six assistant quartermasters general with the rank of colonel, nine deputy quartermasters general with the rank of lieutenant colonel, twenty quartermasters with the rank of major, and sixty quarter- masters with the rank of captain mounted. A system of details was also established by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Quartermaster's Department. By section 3 of the act of August 24, 1912 (37 Stat. 591), the Quartermaster's, Subsistence, and Pay Departments of the Army were consolidated into a single department known as the Quartermaster Corps of the Army; the officers of the consolidated departments thereafter being known as officers of the Quarter- master Corps, with the same titles of the rank held by them prior to the con- solidation; and for the purpose of filling vacancies, to constitute one list ar- ranged according to rank, etc. 278 MILITARY LAWS OF THE UNITED STATES. SUBSISTENCE DEPARTMENT. The office of commissary general of supplies and purchases was created dur- ing the War of the Revolution by a resolution of Congress dated July 19, 1775, and on the recommendation of General Washington, Jonathan Trumbull, of Connecticut, was appointed to the office. The methods of supplying the Army with provisions having proved inadequate, however, the matter was investigated by a committee of the Congress, and the department was reorganized by a resolution of Congress dated June 10, 1777. Under the new arrangement the duties of purchase and distribution were separated and intrusted to independent bureaus under the commissary general of purchases and the commissary general of issues. The duties of the commissary general of issues were defined in the resolution of Congress of June 10, 1777; those of the commissary general of purchases were made the subject of occasional modifications, and will be found in the resolutions of June 10, 1777, and November 30, 1780. By the resolution of July 10, 1781, the departments of purchases and issues were merged in the office of superintendent of finance, under whose direction a system of supply- ing the Army by contracts was established. By a subsequent resolution, dated May 28, 1784, the office of superintendent of finance was abolished, its duties being merged in the board of the Treasury, created by that enactment. Under this arrangement, which continued in force after the organization of the Gov- ernment under the Constitution, all subsistence supplies for the Army were purchased by the Treasury Department under contracts entered into under the direction of the Secretary of the Treasury (sec. 5, act of May 8, 1792, 1 Stat. 280; act of February 23, 1795, id., 419). By the acts of July 16, 1798 (id., 610), and March 3, 1809 (2 id., 535), the present methods of purchasing supplies for the Army, and accounting for the same, were established. 1 The contract system continued to exist until the reorganization of the staff, which was accomplished by the act of April 4, 1818 (3 id., 426), when it was replaced by the present Subsistence Department. At the reduction of 1802 a system of military agencies was established in con- nection with the procurement and distribution of subsistence stores and sup- plies. Three military agents and such number of assistant military agents, not exceeding one to each military post, as the service might require, were author- ized by section 3 of the act of March 16, 1802 (2 Stat. 132) ; the assistants were to be selected from the line of the Army and were to receive additional monthly compensation. By section 4 of the act of March 28, 1812 (id., 696), the military agency system was abolished, and the duty of procuring military supplies was vested in the commissary general of purchases and in the Quar- termaster's Department thereby created. By section 2 of the act of April 4, 1818 (3 id., 426), the office of commissary general was created with the rank and pay of a colonel of ordnance, and provision was made for as many assistant commissaries as the service might require; these officers were to be detailed from the line and were to receive twenty dollars per month additional pay. The duties of the department thus created were restricted to the purchase and issue of subsistence stores and supplies ; and the system, which was experi- mental in character, was to continue for five years from the passage of the act. At the general reduction of 1821 2 the organization of the department was somewhat modified, the office of commissary general of subsistence being created and provision made for as many assistant commissaries as the service might require, not exceeding fifty, who were to be taken from subalterns of the line, and were to receive, in addition to their monthly pay, certain sums, to be regu- lated by the Secretary of War, and to be not less than ten dollars nor more than twenty dollars in amount ; they were to perform duty in both the Subsist- ence and Quartermaster's Departments, as might be required under the orders of the Secretary of War. By the act of June 23, 1823 (3 id., 721), the existing arrangement of the department was continued for five years. Two assistant commissaries with- the rank of major were added to the department by the act of March 3, 1829 (4 id., 360), and the system was to be continued for a third period of five years. By section 5 of the act of March 3, 1835 (id., 780), 1 For a more extended discussion of the methods of procuring supplies during the period between the organization of the Government under the Constitution imd the general reorganization of the staff in 1821, see the note in connection with the Quartermaster's Department, page 290, ante. 2 Act of March 2, 1821 (3 Stat. 615). MILITARY LAWS OF THE UNITED STATES. 279 the Subsistence Department, which had hitherto been in an experimental stage, was placed upon a permanent basis. By section 11 of the act of July 5, 1838 (5 id., 256), there were added to the department one assistant commissary gen- eral of subsistence with the rank and pay of a lieutenant colonel of dragoons, one commissary of subsistence with the rank and pay of quartermaster, and three commissaries wih the rank and pay of assistant quartermasters. No further change in the composition or duties of the department was made until the outbreak of the War with Mexico, when, by section 5 of the act of June 18, 1846 (9 id., 17), the President was authorized to appoint as many addi- tional officers, not exceeding one commissary (major) to each brigade, and one assistant commissary (captain) to each regiment, as he might deem neces- sary; these appointments, however, were not to extend beyond the period of the existing war. By the act of September 26, 1850 (9 id., 469), four commis- saries of subsistence (captains) were added to the existing establishment, and these appointments were to be made from the line of the Army. At the commencement of the War of the Rebellion a commissary of subsist- ence (captain) was allowed for each brigade of the volunteer forces authorized to be raised by the act of July 22, 1861 (12 Stat. 269), and four commissaries of subsistence (majors) and eight commissaries of subsistence with the rank of captain, were added to the permanent establishment by the act of August 3, 1861 (id., 287) ; by section 10 of the act of July 17, 1882 (id., 599), a commissary of subsistence for each Army corps, with the rank of lieutenant colonel, was also authorized. By the act of February 9, 1863 (id., 648), the department was reorganized, the rank of brigadier general being conferred upon the commis- sary general of subsistence, who was to be selected from the department, and one colonel, one lieutenant colonel, and two majors were added. These offices were to be filled by regular promotion. The peace establishment of the department was fixed by section 16 of the act of July 28, 1866 (14 id., 334), as follows: One commissary general of sub- sistence (brigadier general), two assistant commissaries general of subsist- ence (colonels), two deputy commissaries general of subsistence (lieutenant colonels), eight commissaries (majors), and sixteen commissaries of subsist- ence (captains). The repealing clause of the act of July 28, 1866, having been regarded as including within its scope the provision for additional compensa- tion to officers detailed from the line, which had been authorized by section 3 of the act of March 3, 1821 (3 id., 615), it was provided by section 24 of the act of July 15, 1870 (16 id., 320), that lieutenants of the line detailed to per- form the duties of acting commissaries of subsistence should receive $100 addi- tional pay per annum. Section 6 of the act of March 3, 1869 (15 id., 318), contained the requirement that there should be no more promotions or appoint- ments in the staff of the Army until otherwise directed by law, but this re- striction was removed, as to the Subsistence Department, by section 3 of the act of June 23, 1874, which reorganized the department and fixed its commis- sioned strength at one brigadier general, two colonels, three lieutenant col- onels, eight majors, and twelve captains. By the act of February 12, 1895 (28 id., 656), the number of captains was reduced to eight. The requirement of the act of March 3, 1883 (22 id., 457), authorizing captains in this department to be appointed from civil life, was repealed by the act of August 6, 1894 (28 id., 234), and appointments to the lowest grade are now required to be made from the line of the Army. The act of June 30, 1882 (22 id., 118), and subsequent acts of appropriation have made provision for the payment of $100 additional pay to officers detailed from the line to perform the duties of acting commissaries of subsistence. A corps of post commissary sergeants was added to the depart- ment by the act of March 3, 1873 (17 id., 485; section 1142, Revised Statutes). They were to be appointed by the Secretary of War in such number as the service might require, but were not to exceed one for each military post. By section 2 of the act of July 7, 1898 (30 id., 715), there were 'added to the strength of the department during the War with Spain eight majors and twelve captains of volunteers, and the two assistants to the commissary general of subsistence and the officers in charge of important depots were given one grade of rank and pay in addition to that actually held by them ; such increase, how- ever, was not to exceed the rank of colonel in any case, and was to continue for a period not exceeding one year after the close of the existing war. By section 17 of the act of February 2, 1901 (31 Stat. 752), the permanent strength of the department was fixed at one commissary general with the rank of brigadier general, three assistant commissaries general with the rank of col- 280 MILITARY LAWS OF THE UNITED STATES. onel, four deputy commissaries general with the rank of lieutenant colonel, nine commissaries with the rank of major, and twenty-seven commissaries with the rank of captain mounted; the existing force of commissary sergeants was recognized and continued in service and were thereafter to be designated as post commissary sergeants. A system of details was also established by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Subsistence Department. The Army ration. The Army ration, as established by the act of April 30, 1790 (1 Stat 121) ; section 8, act of March 3, 1795 (id., 434) ; and section 13, act of May 30, 1796 (id., 484), consisted of 1 pound of fresh or salt beef, or three-quarters of a pound of pork or bacon; 1 pound of flour, one-half a gill of spirits, and to each 100 rations 1 quart of salt, 2 quarts of vinegar, 2 pounds of soap, and 1 pound of candles. By section 3 of the act of June 7, 1794 (id., 242) ; section 6, act of January 2, 1795 (id., 400) ; and section 11, act of May 30, 1796 (id., 484), sundry additions were made to meat, bread, and seasoning components of the ration in the case of troops employed on frontier service. The ration was increased by section 6 of the act of July 16, 1798 (Id., 605), so as to consist of 1 pounds of fresh or salt beef, or three-quarters of a pound of pork or bacon ; 1 pound and 2 ounces of flour ; 1 gill of spirits ; and to each 100 rations 2 quarts of salt, 2 quarts of vinegar, 4 pounds of soap, and 1 pounds of candles ; and the ration, as thus constituted, was made permanent by section 6 of the act of March 16, 1802 (2 id., 134). By section 22 of the act of March 3, 1799 (1 id., 749), the regular spirit ration was reduced to one-half gill, and commanding officers were authorized to make extra issues of spirits, at the rate of one-half gill per ration, " in cases of fatigue service or other extraordi- nary occasions." 1 The spirit ration was replaced by coffee and sugar at the rate of 6 and 12 pounds, respectively, per hundred rations, by section 17 of the act of July 5, 1838 (5 id., 256), and the ration of coffee and sugar was increased to 10 and 15 pounds, respectively, by section 4 of the act of June 21, 1860 (12 id., 68) ; by section 10, act of July 5, 1862 (id., 510), the extract of coffee was authorized to be issued in lieu of the coffee and sugar ration. A vegetable component, consisting of 15 pounds of beans or peas, or 10 pounds of rice or hominy, was added to the ration by Executive order, under the authority con- ferred by section 8 of the act of April 14, 1818 (3 id., paragraph 1069, Army Regulations of 1857). An increase in the components of the ration to the fol- lowing extent was authorized by section 13 of the act of August 3, 1861 (12 id., 289) : The ration of bread or flour was increased to 22 ounces, and an alternate issue of 1 pound of hard bread authorized, and a vegetable ration, to consist of 1 pound of potatoes, was required to be issued " at least three times per week, if practicable." This increase was to terminate at the close of the war, when the ration was to be reduced to the articles and quantities as authorized by law or regulation on July 1, 1861. Pepper was added as one of the seasoning com- ponents, at the rate of 4 ounces to the hundred rations, by section 11, act of March 3, 1863 (12 id., 744), and section 2 of the act of June 20, 1864 (13 id., 144), contained the requirement that the ration should thereafter be the same as pro- vided by law and regulation on the 1st day of July, 1861, with the addition of the pepper ration authorized by the act of March 3, 1863, the components of beans (or peas) or rice (or hominy) at the rate of 15 and 10 pounds, respec- tively, to the hundred rations, having been added by Executive regulation, were included in the operation of the act of July 1, 1864, and became part of the authorized ration. By section 5 of the act of June 16, 1890 (26 id., 158), 1 1 Issues of spirits, as a component part of the ration, were discontinued by Executive order in 1832 (General Orders No. 100, A. G. O., 1832), and an issue of coffee and sugar was substituted therefor at the rate of 4 pounds of coffee and 8 pounds of sugar to the hundred rations. By the act of March 2, 1819 (3 Stat. 488) , and " extra gill of whisky or spirits " was allowed to enlisted men engaged in the construction of fortifications or the execution of surveys, but by the act of May 19, 1846 (9 Stat. 14), this ration was allowed to be commuted in money. Upon the discontinuance of the spirit ration in 1838, section 22 of the act of March 3, 1799 (1 Stat. 754), became operative, which authorized the issue of spirits "in case of fatigue service or other extra occasions." This placed the spirit ration upon the basis of an extra issue; such issues, therefore, being discretionary with the Executive. They were discontinued by General Orders No. 120, War Department, of 1865. MILITAKY LAWS OF THE UNITED STATES. 281 pound of vegetables was added to the ration, "the proportion to be fixed by the Secretary of War." By section 3 of the act of August 24, 1912 (37 Stat. 591), the Quartermaster, Subsistence, and Pay Departments of the Army were consolidated into a single department known as the Quartermaster Corps of the Army the officers of the consolidated departments thereafter being known as officers of the Quarter- master Corps, with the same titles as the title held by them prior to the con- solidation; and, for the purpose of filling vacancies, to constitute one list ac- cording to rank, etc. PAY DEPARTMENT. A system of payments to troops by means of regimental paymasters had been prescribed by several resolutions of Congress during the Government under the Articles of Confederation. The office of Paymaster General had also been established, but had ceased to exist prior to the organization of the Government under the Constitution, the office and duties of Paymaster General having been merged in those of commissioner of Army accounts by a resolution of Congress, dated March 3, 1787. The system of regimental paymasters, established during the War of the Revolution, was recognized and continued in the military force authorized by the act of September 29, 1789 (1 Stat. 95). A regiment of Infan- try and a battalion of Artillery were added to the establishment by the act of April 30, 1790 (id., 119), to each of which a paymaster was attached with the proviso that the paymaster, in common with the other officers of the regimental staff, should be selected from subalterns of the line. An additional regiment of Infantry was authorized by the act of March 3, 1791 (id., 222), with the same organization, and three additional regiments of Infantry and a squadron of dragoons were added to the existing establishment by the act of March 5, 1792 (id., 241), the Infantry regiments having the organization prescribed by the act of April 30, 1790. As no paymaster was authorized for the squadron of dragoons, it is presumed that payments to that organization were made by an officer detailed for the purpose. By section 3 of the act of May 8, 1792 (1 Stat. 280), a paymaster with the rank and pay of major was authorized, who was " to reside near the headquar- ters of the troops of the United States." He was required to give a bond in the sum of $20,000, and his duties were defined in the same enactment. By sec- tion 3 of the act of March 3, 1797 (id., 507), the title of Paymaster General was conferred upon this officer, who was to receive the pay and allowances already authorized by law. By section 7 of the act of May 28, 1798 (id., 558), passed in contemplation of war with France, the rank and pay of lieutenant colonel was conferred upon the incumbent of the office of Paymaster General, and deputy paymasters were authorized in addition to the regimental paymasters. By sec- tion 3 of the act of March 16, 1802 (2 id., 132), passed with a view to reduce and fix the military peace establishment, provided for a paymaster of the Army ; he was to be assisted by seven paymasters and two assistants, who were to be attached to districts ; the deputy paymasters and assistants were to be detailed from the line and were to receive additional pay at the rate of $30 and $10 per month, repectively. The distribution of clothing to the Army was vested in the pay department by section 8 of the act of March 16, 1802 (2 id., 132), and section 9 of the act of January 11, 1812 (id., 671) ; this duty continued to be performed by the pay department until it was transferred to the quartermaster's department by the act of May 18, 1826 (4 id., 173). Provision was made for the payment of the troops during the War of 1812 by the appointment of as many district paymasters as the President might deem necessary; if taken from the line these officers were to receive $30 per month additional pay; if appointed from civil life, they were to receive the pay and emoluments of majors of infantry. Act of May 16, 1812, 2 Stat. 735. The Pay Department was established, eo nomine, by section 3 of the act of April 24, 1816 (3 id., 297), and was to consist of a Paymaster General, who, with the regiment and battalion paymasters, was to constitute the Pay Corps. The regi- mental and battalion paymasters were given the rank of majors of infantry, and were to be selected from subalterns of the line or from civil life ; provision was made in this act for clerical service by a clause authorizing the detail of noncommissioned officers as paymasters' clerks, who, while so employed, were to receive double pay. Fourteen paymasters were added to the department by the act of March 2, 1821 (id., 615), and three by the act of July 4, 1836 (5 id.. 282 MILITAKY LAWS OF THE UNITED STATES. 117). The twenty-fifth section of the act of July 5, 1838 (5 id., 256), made pro- vision for the expansion of the department, to meet the emergency of a sudden increase in the strength of the Army, by authorizing the President to appoint such number of additional paymasters as he might deem necessary " to pay the troops with sufficient punctuality " ; such increase, however, was not " to exceed one for every two regiments of militia or volunteers," and the additional pay- masters were to be continued in service only so long as their services might be required to pay militia and volunteers. The substance of this requirement was subsequently incorporated in the Revised Statutes as section 1184 of that enact- ment. By section 3 of the act of July 4, 1836, the President was authorized to assign any officer of the Army to duty as a paymaster, and the officer so as- signed was to give bond, but was entitled to receive the pay and emoluments allowed by law to paymasters. By section 4 of the act of August 23, 1842 (id., 512), the number of majors in the departments was reduced to fourteen. The duties of the officer of the Pay Department were defined by section 4 of the act of April 24, 1816 (3 id., 297), and by the act of July 14, 1832 (4 id., 580), bonds were required and paymasters brought under the Articles of War by section 6 of the act of April 24, 1816 (3 id., 297). The rank indicated by their pay and allowances was conferred upon officers of this department by section 13 of the act of March 3, 1847 (9 id., 184), and the restriction in respect to the exercise of command, which is embodied in section 1183 of the Revised Statutes, appeared originally in the same enactment. By section 12 of the same act two deputy paymasters general (lieutenant colonels) were added to the establish- ment. At the close of the war with Mexico the organization of the department was fixed at one Paymaster General (colonel), two deputy paymasters general (lieutenant colonels), and twenty-five paymasters with the rank of major, and the officers of the department were placed upon the same footing in respect to tenure of office as officers of other disbursing departments of the Army. By the same enactment the bonds of paymasters were required to be renewed at least once in every four years, and as much oftener as the President might direct. The needs of the department were met during the period of the War of the Rebellion by the appointment of additional paymasters under the authority con- ferred by section 25 of the act of July 5, 1838 (sec. 1184, Revised Statutes). At the general reorganization of the Army in 1866 the personnel of the depart- went was established at one Paymaster General (brigadier general), two assist- ant paymasters general (colonels), two deputy paymasters general (lieutenant colonels), and sixty paymasters with the rank of major. The Paymaster Gen- eral was to be selected from the corps, and the vacancies in the grade of major were to be filled by the appointment of persons who had served as additional paymasters during the War of the Rebellion. (Sees. 18 and 23, act of July 28, 1866, 14 Stat. 335.) At the reduction df 1869 it was provided by section 6 of the act of March 3, 1869 (15 id., 318), that there should be no more appoint- ments or promotions in the department until the further order of Congress, but this requirement was modified by the act of June 4, 1872 (17 id., 219), which authorized the appointment of a Paymaster General with the rank of colonel to fill an existing vacancy, and by the act of March 2, 1875 (18 id., 338), and joint resolution No. 7 of March 2, 1875 (id., 524), which fixed the number of paymasters at fifty. The rank of brigadier general was restored to the office of Paymaster General by the act of July 22, 1876 (19 id., 95), and the restriction established by the act of March 3, 1869, was finally removed by the act of March 3, 1877 (id., 270). A gradual reduction in the strength of the department was provided for in the acts of March 3, 1883 (22 Stat. 451), and July 5, 1884 (23 id., 108), by authorizing the voluntary retirement of paymasters of over twenty yenrs' service, and by a requirement that there should be no more original appoint- ments to the grade of lieutenant colonel and major until the number of officers in the department had been reduced to thirty-five and the organization of the department was thereafter to be as follows: One paymaster general (brigadier general), two assistant paymasters general (colonels), three deputy paymasters general (lieutenant colonels), and twenty-nine paymasters (majors). By the act of July 16, 1892 (27 id., 175), the number of majors was reduced to twenty- five, by the act of February 12, 1895 (28 id., 655), it was still further reduced to twenty, which was declared to be the number authorized by law. By section 21 of the act of February 2, 1901 (31 Stat. 754), the permanent strength of the department was fixed at one Paymaster General with the rank MILITARY LAWS OF THE UNITED STATES. 283 of brigadier general, three assistant paymasters general with the rank of colo- nel, four deputy paymasters general with the rank of lieutenant colonel, twenty paymasters with the rank of major, and twenty-five paymasters with the rank of captain, mounted. A system of details was also established by the operation of which the permanent commissioned personnel of the department will be replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Pay Department. By section 3 of the act of August 24, 1912 (37 Stat. 591), the Quartermaster's, Subsistence, and Pay Departments of the Army were consolidated into a single department known as tne Quartermaster Corps of the Army, the officers of the consolidated departments thereafter being known as officers of the Quarter- master Corps, with the same titles of rank held by them prior to the consolida- tion ; and, for the purpose of filling vacancies, to constitute one list arranged according to rank, etc. CHAPTER XIX. THE MEDICAL DEPAKTMENT. Par. Organization 728 The Medical Corps 729-743 Composition 729 Rank and precedence 730 Same 731 Appointments; examinations... 732 Same contract surgeons 733 Promotions seniority 734 Same examinations 735 Same 736 Saving clause 737 Contract surgeons employment 738 Same authority 739 Same assignment of pay 740 Duties; assignment 741 Same attendance on officers' families 742 Same supervision of cooking. . . 743 The Medical Reserve Corps 744-749 Appointments, rights, and privi- leges 744 Same contract surgeons 745 Active duty in emergencies 746 Same pay and allowances 747 Retirement and pensions 748 Same active service for 40 years 749 The Dental Corps 750-755 Composition, appointments, rights, etc 750 Qualifications, pay, etc 751 Same contract dental surgeons. 752 Contract dental surgeons em- ployment 753 Same examination 754 Same details... . 755 Par. The Hospital Corps 756-768 Composition 756 Same 757 Hospital stewards stations 758 Same number 759 Same examinations 760 Same qualifications 761 Same quarters 762 Rank and pay 763 Same hospital stewards 764 Same privates 765 Privates, number and duties 766 Same details 767 Ambulance companies 768 The Nurse Corps 769-772$ Composition; pay of superintend- ent 769 Allowances of superintendent... 770 Pay and allowances of nurses . . . 771 Cumulative leaves 772 Transportation expenses 772^ Hospitals 773-775 Hospital matrons employment. 773 Same pay and allowances 774 Hospital supplies 775 Miscellaneous 776-783 Treatment in private hospitals, etc ... 776 Pay of extra nurses 777 Epidemic diseases 778 Services of physicians 779 Board on preparation of viruses . 780 Advisory board for Hygienic Laboratory 781 Artificial limbs 782 Trusses... . 783 728. Organization. From and after the approval of this Act the Medical Department of the United States Army shall consist of a Medical Corps and a Medical Reserve Corps, as hereinafter provided ; and the Hospital Corps, the nurse corps, and dental surgeons, as now authorized by law. Sec. 1, Act of Apr. 23, 1908 (35 Stat. 66). 285 286 MILITARY LAWS OP THE UNITED STATES. THE MEDICAL CORPS. 729. Composition. The Medical Corps shall' consist of one Sur- geon-General, with rank of brigadier-general, who shall be chief of the Medical Department; fourteen colonels, twenty-four lieutenant- colonels, one hundred and five majors, and three hundred captains or first lieutenants, who shall have rank, pay, and allowances of officers of corresponding grades in the cavalry arm of the service. Immedi- ately following the approval of this Act all officers of the Medical De- partment then in active service, other than the Surgeon-General, shall be recommissioned in the corresponding grades in the Medical Corps established by this Act in the order of their seniority and without loss of relative rank in the Army, as follows: Assistant surgeons- general, with the rank of colonel, as colonels; deputy surgeons-gen- eral, with rank of lieutenant-colonel, as lieutenant-colonels ; surgeons, with the rank of major, as majors; assistant surgeons, who at the time of the approval of this Act shall have served three years or more, as captains ; and assistant surgeons, with the rank of first lieu- tenant, who at the time of the approval of this Act shall have served less than three years as such, as first lieutenants; and hereafter first lieutenants shall be promoted to the grade of captain after three years' service in the Medical Corps. Sec. 2, id. 730. Rank and precedence. Officers of the Medical Department shall take rank and precedence in accordance with date of commis- sion or appointment, and shall be so borne on the official Army Reg- ister. Act of July 5, 1884 (Q3 Stat. 111). 731. Same. Those assistant surgeons who at the time of the ap- proval of this Act shall have attained their captaincy by reason of service in the volunteer forces under the provisions of the Act of February second, nineteen hundred and one, section eighteen, or who will receive their captaincy upon the approval of this Act by virtue of such service, shall take rank among the officers in or subsequently promoted to that grade, according to date of entrance into the Medi- cal Department of the Army as commissioned officers. Sec. 3, Act of Apr. 23, 1908 (35 Stat. 67). 732. Appointments Examinations. No person shall receive an appointment as first lieutenant in the Medical Corps unless he shall have been examined and approved by an army medical board con- sisting of not less than three officers of the Medical Corps designated by the Secretary of War. Sec. ^, id. 733. Same Contract surgeons. Any contract surgeon not over twenty-seven years of age at date of his appointment as contract surgeon shall be eligible to appointment in the regular corps. Sec. 7, id. MILITARY LAWS OF THE UNITED STATES. 287 734. Promotions Seniority. Promotions in the Medical Corps to fill vacancies in the several grades created or caused by this Act, or hereafter occurring, shall be made according to seniority, but all such promotions and all appointments to the grade of first lieutenant in said corps shall be subject to examination as hereinafter provided: Provided, That the increase in grades of colonel, lieutenant-colonel, and major provided for in this Act shall be filled by promotion each calendar year of not exceeding two lieutenant-colonels to be colonels, three majors to be lieutenant -colonels, fourteen captains to be majors, and of the increase in the grade of first lieutenant not more than twenty-five per centum of the total of such increase shall be appointed in any one calendar year. Sec. 3, id. 735. Same Examinations. No officer of the Medical Corps below the rank of lieutenant-colonel shall be promoted therein until he shall have successfully passed an examination before an army medical board consisting of not less than three officers of the Medical Corps, to be designated by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time an- terior to the accruing of the right to promotion as may be for the best interests of the service : Provided, That should any officer of the Medical Corps fail in his physical examination and be found inca- pacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his senior- ity entitled him to be promoted; but if he should be found disquali- fied for promotion for any other reason, a second examination shall not be allowed, but the Secretary of War shall appoint a board of re- view to consist of three officers of the Medical Corps superior in rank to the officer examined, none of whom shall have served as a member of the board which examined him. If the unfavorable finding of the examining board is concurred in by the board of review, the officer reported disqualified for promotion shall, if a first lieutenant or captain, be honorably discharged from the service with one year's pay; and, if a major, shall be debarred from promotion and the officer next in rank found qualified shall be promoted to the vacancy. If the action of the examining board is disapproved by the board of re- view, the officer shall be considered qualified and shall be promoted. Sec. 5, id. 736. Same. Any major of the Medical Corps on the active list of the army who, at his first examination for promotion to the grade of lieutenant-colonel in said corps, has been or shall hereafter be found disqualified for such promotion for any reason other than physical disability incurred in the line of duty shall be suspended from pro- motion and his right thereto shall pass successively to such officers next below him in rank in said corps as are or may become eligible to promotion under existing law during the period of his suspension; 288 MILITARY LAWS OF THE UNITED STATES.. and any officer suspended from promotion, as hereinbefore provided, shall be reexamined as soon as practicable after the expiration of one year from the date of completion of the examination that re- sulted in his suspension; and if on such reexamination he is found qualified for promotion, he shall again become eligible thereto ; but if he is found disqualified by reason of physical disability incurred in line of duty, he shall be retired, with the rank to which his seniority entitles him to be promoted; and if he is not found disqualified by reason of such physical disability, but is found disqualified for pro- motion for any other reason, he shall be retired without promotion. Act of Mar. 3, 1909 (35 Stat. 737} . 737. Saving clause. Nothing in this Act shall be construed to legislate out of the service any officer now in the Medical Department of the Army, nor to affect the relative rank or promotion of any med- ical officer now in the service, or who may hereafter be appointed therein, as determined by the date of his appointment or commission, except as herein otherwise provided in section three. 1 Sec. 6, Act of Apr. 23, 1908 (35 Stat. 68). 738. Contract surgeons Employment. In emergencies the Sur- geon-General of the Army, with the approval of the Secretary of War, may appoint as many contract surgeons as may be necessary, at a compensation not to exceed one hundred and fifty dollars per month. 2 Sec. 18, Act of Feb. V, 1901 (31 Stat. 752). 739. Same Authority. When a contract surgeon is in charge of a hospital he shall have the same authority as a commissioned medical officer. 3 Act of Apr. 23, 1904 (33 Stat. 266). 740. Same Assignment of pay. Hereafter contract surgeons and contract dental surgeons on duty in Alaska, Hawaii, the Philippine Islands, and Porto Rico may transfer or assign their pay accounts, 1 Paragraph 734, ante. 2 This enactment replaces section 2 of the act of May 12, 1898 (30 Stat. 400), in pari materia. The office of contract surgeon was first established by regula- tion, but their compensation has been provided for in the annual acts of appro- priation for the support of the Army. Such provision ceased to be made in the act of July 16, 1892 (27 Stat. 175), and, until May 12, 1898, when their employ- ment was again authorized by law. As to military rank and status of contract surgeons, see Dig. J. A. G., 97-98, 4c, d. A " contract " or " acting assistant " surgeon is not a military officer and has no military rank. He is amenable to the military jurisdiction when employed with the Army in the field in time of war, under the sixty-third article of war, but is in fact no part of the military establishment, being merely a civilian em- ployed by the United States, by contract for his personal services as a medical attendant to the troops. When not serving with troops before the enemy he has no other relation to the military organization or the Government than that estab- lished by the terms of his contract, made in accordance with the Army Regula- tions. He is not subject to military orders in general, like an officer or soldier, but only to such orders or directions as properly pertain to the performance of his particular duties. He is, of course, not eligible to be detailed as a member of a military court. As a civilian, however, he is entitled to the per diem allow- ance, etc., when duly attending a court-martial. Dig. Opin. J. A. G., 97 (c). 8 See A. R. 1391 and 1394 of 1913. MILITARY LAWS OF THE UNITED STATES. 289 when due and payable, in the methods now provided by regulations for commissioned officers of the Army. Id. 741. Duties Assignment. Medical officers of the Army may be assigned by the Secretary of War to such duties as the interests of the service may demand. 1 Sec. 3, Act of July 87, 1892 (27 Stat. 277). 742. Same Attendance on officers'' families. The medical officers of the Army and contract surgeons shall whenever practicable attend the families of the officers and soldiers free of charge. 2 Act of July 5,1884 (23 Stat. 112). 743. Same Supervision of cooking. The officers of the Medical Department of the Army shall unite with the officers of the line, under such rules and regulations as shall be prescribed by the Secre- tary of War, in superintending the Booking done by the enlisted men ; and the Surgeon- General shall promulgate to the officers of said corps such regulations and instructions as may tend to insure the proper preparation of the ration of the soldier. Sec. 1174) ft* 8. THE MEDICAL RESERVE CORPS. 744. Appointments, rights, and privileges. For the purpose of securing a reserve corps of medical officers available for military service, the President of the United States is authorized to issue commissions as first lieutenants therein to such graduates of reputable schools of medicine, citizens of the United States, as shall from time to time, upon examination to be prescribed by the Secretary of War, be found physically, mentally, and morally qualified to hold such commissions, the persons so commissioned to constitute and be known as the Medical Keserve Corps. The commissions so given shall con- fer upon the holders all the authority, rights, and privileges of com- missioned officers of the like grade in the Medical Corps of the United States Army, except promotions, but only when called into active duty, as hereinafter provided, and during the period of such active duty. Officers of the Medical Reserve Corps shall have rank in said corps according to date of their commissions therein, and when employed on active duty, as hereinafter provided, shall rank next below all other officers of like grade in the United States Army. Sec. 7, Act of Apr. 23, 1908 (35 Stat. 68). 1 For general provisions as to the duties of the. Medical Department see pars. 1386, 1387, A. R. 1913. As to responsibility of a commanding officer ordering a soldier to duty when excused by the surgeon, see Dig. J. A. G., 266 A 2d. 2 As to the meaning of the word practicable see Dig. J. A. G., 94, d, 1. As to officers' servants, see Dig. J. A. G., 98, 8, a. The circular referred to in 8, a, reads : " Officers' servants can not, as a matter of right, be admitted to post hospitals for treatment. They are 'resident civilians not in the public service,' and while, as a matter of comity, it has been the practice to afford them (under the provisions of paragraph 1634 of the Regulations) medical attendance while inmates of officers' households, no further claim can be founded upon such practice." (Decision Sec. War, Jan. 16, 1890.) 48985 15 19 290 MILITABY LAWS OF THE UNITED STATES. 745. Same Contract surgeons. Contract surgeons now in the military service who receive the favorable recommendation of the Surgeon- General of the Army shall be eligible for appointment in said reserve corps without further examination. Id. 746. Active duty in emergencies. In emergencies the Secretary of War may order officers of the Medical Reserve Corps to active duty in the service of the United States in such numbers as the public interests may require, and may relieve them from such duty when their services are no longer necessary: Provided, That nothing in this Act shall be construed as authorizing an officer of the Medical Reserve Corps to be ordered upon active duty as herein provided who is unwilling to accept such service, nor to prohibit an officer of the Medical Reserve Corps not designated for active duty from service with the militia, or with the volunteer troops of the United States, or in the service of the United States in any other capacity, but when so serving with the militia or with volunteer troops, or when em- ployed in the service of the United States in any other capacity, an officer of the Medical Reserve Corps shall not be subject to call for duty under the terms of this section: And provided further, That the President is authorized to honorably discharge from the Medical Reserve Corps any officer thereof whose services are no longer re- quired: And provided further, That officers of the Medical Reserve Corps who apply for appointment in the Medical Corps of the Army may, upon the recommendation of the Surgeon-General, be placed on active duty by the Secretary of War and ordered to the Army Medical School for instruction and further examination to determine their fitness for commission in the Medical Corps: And provided further, That any officer of the Medical Reserve Corps who is subject to call and who shall be ordered upon active duty as herein provided and who shall be unwilling and refuse to accept such service shall forfeit his commission. 1 Sec. 8, id. 747. Same Pay and allowances. Officers of the Medical Reserve Corps when called upon active duty in the service of the United States, as provided in section eight of this Act, shall be subject to the laws, regulations, and orders for the government of the Regular Army, and during the period of such service shall be entitled to the pay and allowances of first lieutenants of the Medical Corps with increase for length of service now allowed by law, said increase to be computed only for time of active duty. Sec. 9, id. 748. Retirement and pensions. No officer of the Medical Reserve Corps shall be entitled to retirement or retirement pay, nor shall he be entitled to pension except for physical disability incurred in the line of duty while in active duty. Id. 1 As to what constitutes an emergency see Dig. J. A. G., 95 a. MILITARY LAWS OF THE UNITED STATES. 291 749. Same Active service for 40 years. Any officer of the Medi- cal Reserve Corps who shall have reached the age of seventy years, and whose total active service in the Army of the United States, Regular or Volunteer, as such officer, and as contract or acting assistant surgeon, and as an enlisted man, shall equal forty years, may thereupon, in the discretion of the President, be placed upon the retired list of the Army with the rank, pay, and allowances of a first lieutenant. 1 Act of Mar. 4, 1911 (36 Stat. 1348). THE DENTAL CORPS. 750. Composition, appointments, rights, etc. Hereafter there shall be attached to the Medical Department a dental corps, which shall be composed of dental surgeons anji acting dental surgeons, the total number of which shall not exceed the proportion of one to each thousand of actual enlisted strength of the Army; the number of dental surgeons shall not exceed sixty, and the number of acting dental surgeons shall be such as may, from time to time, be author- ized by law. All original appointments to the dental corps shall be as acting dental surgeons, who shall have the same official status, pay, and allowances as the contract dental surgeons now authorized by law. Acting dental surgeons who have served three years in a manner satisfactory to the Secretary of War shall be eligible for appointment as dental surgeons, and, after passing in a satisfactory manner an examination which may be prescribed by the Secretary of War, may be commissioned with the rank of first lieutenant in the dental corps to fill the vacancies existing therein. Officers of the dental corps shall have rank in such corps according to date of their commissions therein and shall rank next below officers of the Medical Reserve Corps. Their right to command shall be limited to the dental corps. The pay and allowances of dental surgeons shall be those of first lieutenants, including the right to retirement on account of age or disability, as in the case of other officers. Act of Mar. 3, 1911 (36 Stat. 1054). 751. Qualifications, pay, etc. The time served by dental sur- geons as acting dental or contract dental surgeons shall be reckoned in computing the increased service pay of such as are commissioned under this Act. The appointees as acting dental surgeons must be citizens of the United States between twenty-one and twenty-seven years of age, graduates of a standard dental college, of good moral character and good professional education, and they shall be required to pass the usual physical examination required for appointment in the Medical Corps, and a professional examination which shall in- clude tests of skill in practical dentistry and of proficiency in the usual subjects of a standard dental college course. Id. 'This paragraph amends the act of June 22, 1910 (36 Stats. 580), by omitting the words " in the War of the Rebellion." 292 MILITARY LAWS OF THE UNITED STATES. 752. /Same Contract dental surgeons. The contract dental sur- geons attached to the Medical Department at the time of the passage of this Act may be eligible for appointment as first lieutenants, den- tal corps, without limitation as to age : And provided further, That the professional examination for such appointment may be waived in the case of contract dental surgeons in the service at the time of the passage of this Act whose efficiency reports and entrance examina- tions are satisfactory. The Secretary of War is authorized to ap- point boards of three examiners to conduct the examinations herein prescribed, one of whom shall be a surgeon in the Army and two of whom shall be selected by the Secretary of War from the commis- sioned dental surgeons. Id. 753. Contract dental surgeons Employment. The Surgeon-Gen- eral of the Army, with the approval of the Secretary of War, is hereby authorized to employ dental surgeons to serve the officers and enlisted men of the Regular and Volunteer Army, in the proportion of, not to exceed one for every one thousand of said Army, and not exceeding thirty in all. Said dental surgeons shall be employed as contract dental surgeons under the same terms and conditions ap- plicable to army contra9t surgeons, and shall be graduates of stand- ard medical or dental colleges, trained in the several branches of dentistry, of good moral and professional character, and shall pass a satisfactory professional examination. Sec. 18, Act of Feb. 2, 1901 (31 Stat.752}. 754. Same Examination. Three of the number of dental sur- geons to be employed shall be first appointed by the Surgeon-General, with the approval of the Secretary of War, with reference to their fitness for assignment, under the direction of the Surgeon-General, to the special service of conducting the examination and supervising the operations of the others; and for such special service an extra compensation of sixty dollars per month will be allowed: Provided further, That dental-college graduates now employed in the Hospital Corps, who have been detailed for a period of not less than twelve months to render dental service to the Army, and who are shown by the reports of their superiors to have rendered such service satis- factorily, may be appointed contract dental surgeons without exam- ination. 1 Id. 755. Same Details. Hereafter the number of dental surgeons au- thorized by law shall be thirty-one, of which number one shall be detailed to the United States Military Academy. 2 Act of Mar. #, 1907 (S^Stat. 1163). 1 For regulations fixing the status and regulating the employment and duties of contract and dental surgeons see pars. 1390 to 1394, Army Regulations of 1913. a The number of dental surgeons was increased to 60 by the act of March 3, 1911. (See p. 750, ante.) MILITARY LAWS OF THE UNITED STATES. 293 THE HOSPITAL CORPS. 756. Composition. The Hospital Corps 1 of the United States Army shall consist of hospital stewards, acting hospital stewards, and privates; and all necessary hospital services in garrison, camp, or field (including ambulance service) shall be performed by the members thereof, who shall be regularly enlisted in the military service; said corps shall be permanently attached to the Medical Department. 2 Act of Mar. 1, 1887 ($4 Stat. 435). 757. Same. The Hospital Corps of the United States Army shall consist of sergeants first class, sergeants, corporals, privates first class, and privates. Act of Mar. <2, 1903 (32 Stat. 930) . 75$. Hospital stewards Stations. The Secretary of War is em- powered to appoint as many hospital stewards as, in his judgment, the service may require ; but not more than one hospital steward shall be stationed at any post or place without special authority of the Secretary of War. There shall be no appointments of hospital stew- ards until the number of hospital stewards shall be reduced below one hundred, and thereafter the number of such officers shall not exceed one hundred. 3 Sec. 2, Act of Mar. 1, 1887 (24 Stat. 435) , as amended ly Act of Mar. 16, 1896 (29 Stat. 61). 759. Same Number. The Secretary of War is authorized to ap- point in the Hospital Corps, in addition to the two hundred hospital stewards now allowed by law, one hundred hospital stewards. Sec. 18, Act of Pel. 2, 1901 (31 Stat. 753). 760. Same Examinations. No person shall be appointed a hos- pital steward unless he shall have passed a satisfactory examination before a board of one or more medical officers as to his qualifications for the position, and demonstrated his fitness therefor by service of not less than twelve months as acting hospital steward ; and no per- son shall be designated for such examination except by written au- thority of the Surgeon-General. Sec. 4, Act of Mar. 1, 1887 (24 Stat. 435). 761. Same Qualifications. Men who have served as hospital stewards of volunteers of volunteer regiments, or acted in that capac- lr The act of March 11, 1864 (13 Stat. 20), made provision uniform for a sys- tem of ambulances for the armies in the field, by the establishment of an Am- bulance Corps, to be composed of officers and enlisted men detailed for such service from the regiments of the line. The composition, distribution, and duties of the corps were regulated by statute, supplemented in some matters by Executive regulations and orders. The act of March 11, 1S64, though passed to meet an emergency of war, was not restricted to a time of war and so con- tinued in existence until replaced by the enactment establishing the Hospital Corps. 2 Sections 1179, 1180. and 1181 of the Revised Statutes were repealed by the act of March 1, 1887 (24 Stat. 435), creating the Hospital Corps. By the act of March 8, 1898 (30 id., 261), the enlisted men of the Hospital Corps are re- quired to be included in the authorized enlisted strength of the Army. 3 The act of May 26, 1900 (31 Stat. 211), authorized an additional number of 100 hospital stewards. 294 MILITARY LAWS OF THE UNITED STATES. ity during and since the Spanish- American war for more than six months, may be appointed hospital stewards in the Regular Army: And provided further, That all men so appointed shall be of good moral character and shall have passed a satisfactory mental and physical examination. Sec. 18, Act of Feb. 2, 1901 (31 'Stat. 753). 762. Same Quarters. Hereafter the posts at which such quar- ters [for hospital stewards] shall be constructed shall be designated by the Secretary of War, and such quarters shall be built by contract, after legal advertisement, whenever the same is practicable. Act of Feb. 27, 1893 (27 Stat. 484)- 763. Rank and pay. The rank and pay of sergeants first class, sergeants, and privates first class shall be as now provided by law for hospital stewards, acting hospital stewards, and privates of the Hospital Corps; corporals shall receive twenty dollars per month and privates sixteen dollars, with such increase on account of length of service as is now or may hereafter be allowed by law to other en- listed men. 1 Act of Mar. 2, 1903 (32 Stat. 930). 764. Same Hospital stewards. The pay of hospital stewards shall be forty-five dollars per month, with the increase on account of length of service as is now or may hereafter be allowed by law to other enlisted men. They shall have rank with ordnance-sergeants and be entitled to all the allowances appertaining to that grade. 2 Sec. 3, Act of Mar. 1, 1887 (24 Stat. 435). 765. Same Privates. The pay of privates of the Hospital Corps shall be eighteen dollars per month, with the increase on account of length of service as is now or may hereafter be allowed by law to other enlisted men ; they shall be entitled to the same allowances as a corporal of the arm of service with which on duty. 3 Act of July 13, 1892 (27 Stat. 120). 766. Privates; number and duties. The Secretary of War is em- powered to enlist, or cause to be enlisted, as many privates of the Hospital Corps as the service may require, and to limit or fix the number, and make such regulations for their government as may be necessary; and any enlisted man in the Army shall be eligible for transfer to the Hospital Corps as a private. They shall perform duty as wardmasters, cooks, nurses, and attendants in hospitals, and as stretcher bearers, litter bearers, and ambulance attendants in the field, and such other duties as may by proper authority be required of them. Sec. 5, Act of Mar. 1, 1887 (24 Stat. 435). 767. Same Details. Privates of the Hospital Corps may be de- tailed as acting hospital stewards by the Secretary of War, upon the 1 See note to par. 765, post. 2 See note to par. 765, post. 8 The monthly pay of men in the Hospital Corps was fixed by the act of May 11, 1908, as follows : Sergeant, first class, $50 ; sergeant, $30 ; acting cook, $30 ; corporal, $24 ; private, first class, $18 ; private, $16. MILITARY LAWS OF THE UNITED STATES. 295 recommendation of the Surgeon- General, whenever the necessities of the service require it ; and while so detailed their pay shall be twenty- five dollars per month, with increase as above stated. 1 Acting hos- pital stewrads, when educated in the duties of the position, may be eligible for examination for appointment as hospital stewards as above provided. Sec. 7, id. 768. Ambulance companies. The Secretary of War is authorized to organize companies of instruction, ambulance companies, field hospital, and other detachments of the Hospital Corps as the neces- sities of the service may require. Act of Mar. 2, 1903 (32 Stat. 930). THE NURSE CORPS. 769. Composition; pay of superintendent. The Nurse Corps (female) shall consist of one superintendent, to be appointed by the Secretary of War, who shall be a graduate of a hospital training school having a course of instruction of not less than two years, whose term of office may be terminated at his discretion, whose com- pensation shall be one thousand eight hundred dollars per annum, and of as many chief nurses, nurses, and reserve nurses as may be needed. Reserve nurses may be assigned to active duty when the emergency of the service demands, but shall receive no compensation except when on such duty: Provided, That all nurses in the Nurse Corps shall be appointed or removed by the Surgeon- General, with the approval of the Secretary of War; that they shall be graduates of hospital training schools, and shall have passed a satisfactory professional, moral, mental, and physical examination. Sec. 19, Act of Feb. 2, 1901 (31 Stat. 753). 770. Allowances of superintendent. The superintendent shall re- ceive such allowances of quarters, subsistence and medical care during illness as may be prescribed in regulations by the Secretary of War. Act of Aug. 24, 1912 (37 Stat. 575) . 771. Pay of Nurse Corps. The Superintendent and members of the Female Nurse Corps shall hereafter be paid at the following rates : Superintendent Nurse Corps, one thousand eight hundred dol- lars per annum; female nurses, fifty dollars per month for the first period of three years' service; fifty-five dollars per month for the second period of three years' service ; sixty dollars per month for the third period of three years' service ; and sixty-five dollars per month after nine years' service in said Nurse Corps ; and all female nurses shall hereafter be entitled, in addition to the rates of pay as herein provided, to ten dollars per month when serving beyond the limits *A private who is detailed as an acting hospital steward, as provided In the act of March 1, 1887, is to be regarded as promoted to that grade, and the extra pay, travel pay, and retired pay to which he may be entitled upon discharge or retirement are to be computed on the basis of the pay provided for an acting hospital steward. (6 Comp. Dec., 807.) 296 MILITARY LAWS OF THE UNITED STATES. of the States comprising the Union and the Territories of the United States contiguous thereto (excepting Porto Rico and Hawaii), and to cumulative leave of absence with pay at the rate of thirty days for each calendar year of service in said corps; and when serving as chief nurses their pay may be increased by authority of the Sec- retary of War, such increase not to exceed thirty dollars per month ; and the superintendent shall be entitled to the same allowances, when on duty, as the members of the Nurse Corps. Act of Mar. 23, 1910 (36 Stat. 2$). 772. Cumulative leaves. The superintendent and members of the Female Nurse Corps when serving in Alaska or at places without the limits of the United States may be allowed the same privileges in regard to cumulative leaves of absence and method of computa- tion of same as are now allowed by law to Army officers so serving. Act of Mar. 4, 1912 (37 Stat. 72) . 772J. Transportation expenses. The superintendent and nurses shall receive transportation and necessary expenses when traveling under orders. Sec. 19, Act of Feb. 2, 1901 (31 Stat. 753). HOSPITALS. 1 773. Hospital matrons Employment. Hospital matrons * * * may be employed in post or regimental hospitals in such numbers as may be necessary. Sec. 1239, R. S. 774. Same Pay and allowances. Hospital matrons in post and regimental hospitals shall receive ten dollars a month * * *. One ration in kind or by commutation shall be allowed to each. 2 Sec. 1277, R. S. 775. Hospital supplies. Such quantities of fresh or preserved fruits, milk, butter, and eggs as may be necessary for the proper diet of the sick may be allowed in hospitals. They shall be provided under such rules as the Surgeon-General, with the approval of the Secretary of War, shall prescribe. 3 Sec. 1175, R. S. MISCELLANEOUS. 776. Treatment in private hospitals, etc. For medical care and treatment not otherwise provided for, including care and subsistence 1 As to hospital buildings, management ef the same, etc., see pars. 1464 to 1470, A. R., 1913. "The authority for the employment of female nurses, conferred by section ^239, Revised Statutes, was replaced by section 19, act of February 2, 1901, paragraphs 769 to 772^, ante. The rate of compensation for female nurses fixed at 40 cents per day by section 1277 of the Revised Statutes, was replaced by the rates of compensation established in section 19 of the act of February 2, 1901 (31 Stat 753), paragraph 771, ante. 3 For statutes authorizing an addition to the ration in the case of patients in hospital who are too sick to be subsisted on the Army ration, and for a similar increase in case of enlisted men in camp during recovery from low conditions of health, consequent upon service in unhealthy regions or in debilitating climates, see the act of February 26, 1900 (31 Stat. 212). MILITAKY LAWS OF THE UNITED STATES. 297 in private hospitals, of officers, enlisted men, 1 and civilian employees of the Army, of applicants for enlistment, and of prisoners of war and other persons in military custody or confinement, when entitled thereto by law, regulation, or contract : Provided, That this shall not apply to officers and enlisted men who are treated in private hospitals or by civilian physicians while on furlough, * * * dollars. 2 Act of Mar. 8, 1913 (37 Stat. 718). 111. Pay of extra nurses. For the pay of male and female nurses, not including the Nurse Corps (female), and of cooks and other civil- ians employed for the proper care of sick officers and soldiers, under such regulations fixing their number, qualifications, assignment, pay, and allowances as shall have been or shall be prescribed by the Sec- retary of War, * * * dollars. 3 Act of Mar. 3, 1911 (36 Stat. 1054). 778. Epidemic diseases. For the proper care and treatment of epidemic and contagious diseases in the Army or at military posts or stations, including measures to prevent the spread thereof, and the payment of reasonable damages not otherwise provided for, for bedding and clothing injured or destroyed in such prevention, * * * dollars. 2 Id. 779. Services of physicians. For the pay of civilian physicians employed to examine physically applicants for enlistment and en- listed men, and to render other professional services from time to time under proper authority, * * * dollars. Act of Mar. 0, 1907 (34 Stat. 1172). 780. Board on preparation of viruses. The Surgeon- General of the Army, the Surgeon-General of the Navy, and the supervising Surgeon- General of the Marine-Hospital Service, are hereby con- stituted a board with authority, subject to the approval of the Secre- tary of the Treasury, to promulgate from time to time such rules as may be necessary in the judgment of said board to govern the issue, suspension, and revocation of licenses for the maintenance of estab- lishments for the propagation and preparation of viruses, serums, toxins, antitoxins, and analogous products, applicable to the preven- tion and cure of diseases of man, intended for sale in the District of Columbia, or to be sent, carried, or brought for sale from any State, Territory, or the District of Columbia, into any other State, Terri- tory, or the District of Columbia, or from the United States into any foreign country, or from any foreign country into the United States : Provided, That all licenses issued for the maintenance of establish- *As to medical attendance for Philippine Constabulary, see sections 1 to 5, Act of the Philippine Commission of November 7, 1903 (No. 985). 2 This item has appeared in the annual appropriation for a number of years. 3 Similar provisions have appeared in subsequent appropriation acts for the Army. 298 MILITARY LAWS OF THE UNITED STATES. ments for the propagation and preparation in any foreign country of any virus, serum, toxin, antitoxin, or product aforesaid, for sale, barter, or exchange in the United States, shall be issued upon condi- tion that the licentiates will permit the inspection of the establish- ments where said articles are propagated and prepared, in accordance with section three of this act. Sec. h Act of July 1, 1902 (32 Stat. 729). 781. Advisory board for Hygienic Laboratory. There shall be an advisory board for the hygienic laboratory provided by the Act of Congress approved March third, nineteen hundred and one, for con- sultation with the Surgeon-General of the Public Health and Marine- Hospital Service relative to the investigations to be inaugurated, and the methods of conducting the same, in said laboratory. Said board shall consist of three competent experts, to be detailed from the Army, the Navy, and the Bureau of Animal Industry by the Surgeon-General of the Army, the Surgeon-General of the Navy, and the Secretary of Agriculture, respectively, which experts, with the director of the said laboratory, shall be ex officio members of the board, and serve without additional compensation. Five other mem- bers of said board shall be appointed by the Surgeon-General of the Public Health and Marine-Hospital Service, with the approval of the Secretary of the Treasury, who shall be skilled in laboratory work in its relation to the public health, and not in the regular em- ployment of the Government. The said five members shall each receive compensation of ten dollars per diem while serving in con- ference, as aforesaid, together with allowance for actual and neces- sary traveling expenses and hotel expenses while in conference. Said conference is not to exceed ten days in any one fiscal year. The term of service of the five members of said board, not in the regular employment of the Government, first appointed shall be so arranged that one of said members shall retire each year, the subsequent ap- pointments to be for a period of five years. Appointments to fill vacancies occurring in a manner other than as above provided shall be made for the unexpired term of the member whose place has become vacant. Sec. 5, Act of July 1, 1902 (32 Stat. 713). 782. Artificial limbs. Every officer, soldier, seaman, and marine who, in the line of duty in the military or naval service of the United States, shall have lost a limb or sustained bodily injuries depriving him of the use of any of his limbs, shall receive once every three years an artificial limb or appliance, or commutation therefor, as provided and limited by existing laws, under such regulations as the Surgeon-General of the Army may prescribe; and the period of three 1 years shall be held to commence with the filing of the first 1 See XVII, Opin. Att. Gen. MILITARY LAWS OF THE UNITED STATES. 299 application after the seventeenth day of June, in the year eighteen hundred and seventy. Sec. 1, Act of Aug. 15, 1876 (19 Stat. 203). The * * * sums * * * hereby appropriated shall be ex- pended and disbursed under the direction of the Surgeon-General of the Army, and in accordance with existing laws. 1 Acts of Mar. 23, 1876 (19 Stat. 8); Mar. 3, 1891 (26 Stat. 1103}. 783, Trusses. Every soldier of the Union Army, or petty officer, seaman, or marine in the naval service, who was ruptured while in the line of duty during the late war for the suppression of the rebel- lion, or who shall be so ruptured thereafter in any war, shall be entitled to receive a single or double truss of such style as may be designated by the Surgeon-General of the United States Army as best suited for such disability ; and whenever the said truss or trusses so furnished shall become useless from wear, destruction, or loss, such soldier, petty officer, seaman, or marine shall be supplied with another truss on making a like application as provided for in section two of the original act of which this is an amendment: Provided, That such application shall not be made more than once in two years and six months : And provided further, That sections two and three of the said act of May twenty-eighth, eighteen hundred and seventy- two, shall be construed so as to apply to petty officers, seamen, and marines of the naval service, as well as to soldiers of the Army. Sec. 1176, R. S. HISTORICAL NOTE. The medical and surgical needs of the troops composing the revolutionary armies were, at first, supplied by the surgeons who were attached to the several regimental organizations, and no provision seems to have been made for medical or surgical supervision, for the procurement and distribution of supplies, or for the establishment of a general hospital service until 1775, when, by a resolution of Congress dated July 27, 1777, the office of Director-General was established, who was charged with the duties subsequently performed by the Purveyor-General of Medical Supplies. The same enactment provided for a medical staff composed of four surgeons and twenty surgeon's mates, for an apothecary and two storekeepers, and for hospital attendance at the rate of one nurse for every ten patients. Under the authority thus conferred several gen- eral hospitals were established at points conveniently near to the several theaters of military operations. The medical establishment thus created was modified by subsequent resolutions of Congress; the changes caused by the resolution of April 22, 1777, being so extensive as to constitute a complete re- organization of the department. As thus modified, however, the department continued in existence until the disbandment of the revolutionary armies in 1783. For the ten years succeeding the organization of the Government under the Constitution the medical and surgical necessities of the troops were met by the medical officers attached to the several organizations constituting the military establishment. The act of March 2, 1799 (1 Stat. 721), passed in contemplation of a war with France, but which was never fully executed, made provision for a complete medical establishment consisting of a physician-general, an apothecary-general, and a purveyor, together with such numbers of hospital surgeons and mates 1 Commutation rates for limbs, etc., were allowed by the same act, as follows : For artificial legs, $75 ; for arms, $50 ; for feet, $50 ; for apparatus for resection, $50. By the act of March 3, 1891 (26 Stat. 979), transportation from home to place of procurement of limbs and return was allowed. 300 MILITARY LAWS OF THE UNITED STATES. as the service might require, who were made liable to duty in the field as well as in the hospitals provided for in the statute. The act of March 2, 1799, was repealed and a Medical Department established by section 3 of the act of February 23, 1802 (2 ibid., 133), which fixed the strength of the department at two surgeons and twenty-five surgeon's mates, who were " to be attached to garrisons and posts, and not to corps." During the war of 1812 the neces- sities of the case were met by a temporary increase of the department and by the allowance of surgeons to regiments called into the service for the period of the war. By section 7 of the act of March 3, 1813 (ibid., 819), a physician and Surgeon-General was authorized, whose powers and duties were to be prescribed by the President of the United States. The office of apothecary- general was created by the act of April 24, 1816 (3 ibid., 297), but was abol- ished by the act of March 3, 1821. The office of Surgeon-General was created by section 2 of the act of April 14, 1818 (ibid., 426). At the general reduction of 1821 the Medical Department was reorganized and made to consist of one Surgeon-General, eight surgeons, and forty-five assistant surgeons. Sec. 2, act of March 2, 1821 (3 ibid., 615). By the act of June 28, 1832 (4 ibid., 500), four surgeons and ten surgeon's mates were added. The act of June 30, 1834 (ibid., 714), contained a requirement that all candidates for appointment, or for promotion to the grade of surgeon, should pass a profes- sional examination as a condition precedent to such appointment or promotion. By this enactment the pay of surgeons was fixed at that allowed to majors, assistant surgeons were to receive for the first five years' service the pay of first lieutenants, and after five years' service the pay of captains. The ex- amination for promotion to the grade of surgeon was to take place after five years' service in the grade of assistant surgeon. By section 33 of the act of July 5, 1838 (5 ibid., 256), seven additional surgeons were authorized, but by section 4 of the act of August 23, 1842 (ibid., 512), a reduction of two surgeons and ten assistant surgeons was ordered, the displaced officers being allowed three months' pay when honorably discharged. At the outbreak of the War with Mexico, under authority conferred by sec- tion 6 of the act of February 11, 1847 (9 ibid., 123), two surgeons and twelve assistant surgeons were added to the regular establishment, and regimental medical officers were authorized for the volunteer troops at the rate of one surgeon and one assistant surgeon to each regiment, their service being re- stricted to the period of the existing war. By the act of March 3, 1849 (ibid., 351), ten assistant surgeons were authorized, and the requirement of the act of July 19, 1848, prohibiting the filling of vacancies in the department was re- pealed. By the act of August 16, 1850 (11 ibid., 51), four surgeons and eight assistant surgeons were added to the establishment ; the force of hospital stewards was increased to such number as the service might require, not to exceed one to each- military post; and cooks and nurses, detailed from the enlisted men, were, for the first time, allowed extra-duty pay for service in post hospitals. At the outbreak of the war of the rebellion regimental medical officers were again authorized, one surgeon and one assistant being allowed to each regiment; by the act of July 2, 1862 (12 Stat, 502), an additional assistant was authorized. By section 3 of the act of July 22, 1861 (ibid., 269), one surgeon to each brigade was authorized, but by the act of July 2, 1862 (ibid., 502), these officers were merged in the corps of forty surgeons and one hundred and twenty as- sistant surgeons created by that statute for the period of the war. By the act of June 21, 1861 (ibid., 378), four surgeons and four assistant surgeons were added to the department. By the act of April 16, 1862 (ibid., 378), the rank of brigadier-general was conferred upon the Surgeon-General; the office of assistant surgeon-general, with the rank and pay of colonel of cavalry was created and the addition of ten surgeons and twenty assistant surgeons was authorized ; a corps of medical inspectors was created, consisting of one inspector-general of hospitals (colonel) and eight assistants (lieutenant- colonels), whose duties were defined by law, and who were to hold office during the continuance of the war. By the act of December 27, 1862 (ibid., 633), eight medical inspectors were added and authority was conferred upon these officers to discharge enlisted men for disability contracted in the military service. By this statute a corps of medical cadets was established which con- tinued to exist until its gradual disbandment was brought about by the passage of the general act of reorganization in 1866. By the act of May 20, 1862 (ibid., 378), six medical storekeepers were authorized. By the act of February 25, MILITARY LAWS OF THE UNITED STATES. 301 1865 (13 ibid., 437), medical directors of armies in the field and of military departments were allowed the rank and pay of colonels, and those attached to army corps the rank and pay of lieutenant-colonels. An ambulance service for the armies in the field was provided by the act of March 11, 1864 (13 ibid., 20). It was composed of officers and enlisted men detailed from the several army corps and was carried on under the direction of their respective medical directors. The duties of the corps were regulated by statute, and had to do, exclusively, with the transportation of the sick and wounded and the removal of the wounded from the battlefield. The corps ceased to exist at the disbandment of the volunteer armies in 1865. At the general reorganization of 1866 (sec. 17, act of July 28, 1866, 14 ibid., 334), the strength of the department was fixed at one Surgeon-General, one assistant surgeon-general, one chief medical purveyor, and four assistant pur- veyors (lieutenant-colonels), sixty surgeons (majors), one hundred and fifty assistant surgeons, and five medical storekeepers ; it was also provided that three years' service, instead of five, should be required of assistant surgeons before attaining the grade of captain. The act of March 3, 1869 (15 ibid., 318), contained a requirement prohibiting appointments and promotions in the staff until otherwise ordered by Congress ; fc but this requirement was repealed as to .the Medical Department by section 4 of the act of June 23, 1874 (18 ibid., 244), which fixed the strength of the medical establishment as follows: One Surgeon-General, one assistant surgeon-general, and one chief medical purveyor (colonel), two assistant medical purveyors (lieutenant-colonels), fifty sur- geons, and one hundred and fifty assistant surgeons, who were to receive the rank of captain after five years' service, and five medical storekeepers; the number of contract surgeons was fixed in this statute at seventy-five. By the act of June 26, 1876 (19 ibid., 61), the number of assistant surgeons was fixed at one hundred and twenty-five, and the corps of medical storekeepers was dis- continued, the reduction in both cases being accomplished by a requirement forbidding the filling of vacancies until ihe prescribed limit of numbers has been reached. By this statute the number of surgeons with the rank of colonel was increased to four, and the number with the rank of lieutenant-colonel to eight, the vacancies thus created to be filled by promotion according to seniority. By the act of March 1, 1887 (24 ibid., 435), the Hospital Corps was created; by the act of July 27, 1892 (27 ibid., 276), the titles of office in the Medical Department were rearranged, officers holding the rank of colonels being ar- ranged as assistant surgeons-general and those having the rank of lieutenant- colonels as deputy surgeons-general, and thereafter medical officers were to be assigned by the Secretary of War to such duties as the necessities of the serv- ice might require. By the act of August 18, 1894 (28 ibid., 403), the number of assistant surgeons was reduced to one hundred and ten; but by the act of May 12, 1898 (930 ibid., 406), the number of officers of this grade was in- creased to one hundred and twenty-five, and authority was conferred upon the Surgeon-General to employ such number of contract surgeons as might be necessary. By section 18 of the act of February 2, 1901 (31 Stat, 752), the permanent strength of the department was fixed at one Surgeon-General with the rank of brigadier-general, eight assistant surgeons-general with the rank of colonel, twelve deputy surgeons-general with the rank of lieutenants-colonel, sixty surgeons with the rank of major, and two hundred and forty assistant surgeons with the rank of captain and first lieutenants mounted. A Nurse Corps (female), and a corps of dental contract surgeons were also added to the department. By the act of April 23, 1908 (35 Stat. 66), it is provided that the Medical Department of the United States Army shall consist of a Medical Corps and a Medical Reserve Corps, as hereinafter provided ; and the Hospital Corps, the Nurse Corps, and Dental Surgeons, as now authorized by law. CHAPTER XX. THE COEPS OF ENGINEERS. Par. Organization, appointments, and pro- motions 784-789 Organizations, etc 784 Same 785 Appointments; qualifications... 786 Promotions 787 Same examinations 788 Limits of duty transfers 789 Enlisted force 790-801 Organization 790 Part of line of Army 791 Band 792 Engineer battalion 793 Same officers 794 Company organization 795 Same increase 796 Par. Enlisted force Continued. Duties 797 Character of equipment 798 * Retired officers ; employment 799 Chief of Engineers, use of Library of Congress 800 Subscriptions 801 Fortifications 802-808 Procurement of sites 802 Same barracks and quarters 803 Same donations 804 Temporary forts emergency 805 Work by contract or otherwise. 806 Disbursements 807 Accounts settled by disbursing officers... . 808 784. Organizations, etc. The Corps of Engineers shall consist of one Chief of Engineers with the rank of brigadier-general, of ten colonels, sixteen lieutenant-colonels, thirty-two majors, forty-three captains, forty-three first lieutenants, and forty-three second lieu- tenants. The enlisted force provided in section eleven of this Act, and the officers serving with the organized battalions thereof, shall constitute a part of the line of the Army : Provided, That the Chief of Engineers shall be appointed as now provided by law, 1 and here- after vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be filled by promotion, according to seniority, from the Corps of Engineers. Any vacancies occurring at any time in the grade of second lieutenant shall be left for future promotions from the corps of cadets at the United States Military Academy. Act of Apr. 23, 1904 (33 Stat. 263). 785. Same. The Corps of Engineers of the United States Army is hereby increased by five colonels, six lieutenant colonels, nineteen majors, seventeen captains, and thirteen first lieutenants. The in- crease in each grade hereby provided for shall be extended over a 1 Section 1193, Revised Statutes, which provides that the chiefs of corps and departments named, including the Chief of Engineers, " shall be appointed by selection from the corps to which they belong." 303 304 MILITARY LAWS OF THE UNITED STATES. period of five years as nearly as practicable, and the original vacan- cies hereby created in each grade shall be filled by promotion from the next lower grade in accordance with existing law. Sec. 5, Act of Feb. 27, 1911 (36 Stat. 957}. 786. Appointments, qualifications. Vacancies in the grade of second lieutenant in the Corps of Engineers shall hereafter be filled, as far as may be consistent with the interests of the military service, by promotions from the Corps of Cadets at the United States Mili- tary Academy: Provided, That vacancies remaining in any fiscal year after the assignment of cadets of the class graduating in that fiscal year may be filled from civil life as hereinafter provided: And provided further, That the proportion of any graduating class assigned to the Corps of Engineers shall not be less than the pro- portion which the total number of officers authorized at date of graduation for that corps bears to the total number of officers au- thorized at same date for all branches of the Army to which cadets are eligible for promotion upon graduation, except when such a proportionate number is more than the number of vacancies ex- isting at date of graduation plus the number of retirements due to occur in the Corps of Engineers prior to the first day of the fol- lowing January. To become eligible for examination and ap- pointment, a civilian candidate for the appointment as second lieutenant must be an unmarried citizen of the United States be- tween the ages of twenty-one and twenty-nine, who holds a diploma showing graduation in an engineering course from an approved technical school, and is eligible for appointment as a junior engi- neer under the Engineer Bureau of the War Department. Selec- tion of eligible civilians for appointment, including term of proba- tion, shall be made as the result of such competitive examination into the mental, moral, and physical qualifications, and under such rules and regulations as shall be recommended by the Chief of Engineers and approved by the Secretary of War. Id. 787. Promotions. When any lieutenant of the Corps of Engineers or Ordnance Corps has served fourteen years' continuous service as lieutenant, he shall be promoted to the rank of captain on pass- ing the examination provided by the preceding section, 1 but such promotion shall not authorize an appointment to fill any vacancy, when such appointment would increase the whole number of officers in the corps beyond the number fixed by law; nor shall any officer be promoted before officers of the same grade who rank him in his corps. Sec. 1207, R. S. 788. Same Examinations. No officer of the Corps of Engineers below the rank of field officer shall be promoted to a higher grade until he shall have been examined and approved by a board of three 1 Section 1206, Revised Statutes. MILITAEY LAWS OF THE UNITED STATES. 305 engineers, senior to him in rank. If an engineer officer fail on such examination he shall be suspended from promotion for one year, when he shall be reexamined before a like board. In case of failure on such reeexamination, he shall be dismissed from the service. 1 Sec. 1206, R. S. 789. Limits of duty Transfers. Engineers shall not assume nor be ordered on any duty beyond the line of their immediate profes- sion, except by the special order of the President. They may, at the discretion of the President, be transferred from one corps to another, regard being paid to rank. Sec. 1158, R. S. ENLISTED FORCE. 790. Organization. The enlisted force of the Corps of Engineers shall consist of one band and three battalions of engineers. Sec. 11, Act of Feb. 2, 1901 (31 Stat. 750}. 791. Part of line of Army. The enlisted force provided in section eleven of this act and the officers serving therewith shall constitute a part of the line of the Army. Sec. %2, id. 792. Band. The engineers' band shall be organized as now pro- vided by law for bands of infantry regiments. 2 Sec. 11, id. . 793, Engineer battalion. Each battalion of engineers shall con- sist of one sergeant-major, one quartermaster-sergeant, and four com- panies. Id. 794. Same Officers. Battalion adjutants, battalion quarter- masters, and appropriate officers to command the companies and bat- talions of engineer soldiers shall be detailed from the Corps of Engi- neers. Sec 1156, R. S., amended ly sec. 11, Act of Feb. 2, 1901 (31 Stat. 750). 795. Company organization. Each company of engineers shall consist of one first sergeant, one quartermaster-sergeant with the rank, pay, and allowances of sergeant, eight sergeants, ten corporals, two musicians, two cooks, thirty-eight first-class and thirty-eight second-class privates. Sec. 11, Act of Feb. 2, 1901 (31 Stat. 750). 798. Same Increase. The President may, in his discretion, in- crease the number of sergeants in any company of engineers to twelve, and the number of corporals to eighteen, the number of first-class privates to sixty-four, and the number of second-class privates to sixty-four, but the total number of enlisted men authorized for the whole Army shall not, at any time, be exceeded. Id. 797. Duties. The enlisted men of the engineer battalion shall be instructed in and perform the duties of sappers, miners, and ponto- 1 For statutory regulations in respect to examinations for promotions, see the title " Examinations for promotion " in the chapter entitled The staff depart- ments. 2 For the organization of the infantry band, see par. 1099, post. 48985 15 20 306 MILITARY LAWS OP THE UNITED STATES. niers, and shall aid in giving practical instruction in those branches at the Military Academy. They may be detailed by the Chief of Engineers to oversee and aid laborers upon fortifications and other works in charge of the Engineer Corps, and, as fort keepers, to pro- tect and repair finished fortifications. 1 Sec. 1157, R. S. 798. Character of equipment. The Chief of Engineers is author- ized, with the approval of the Secretary of War, to regulate and determine the number, quality, form, and dimensions of the necessary vehicles, pontoons, tools, implements, arms, and other supplies for the use of the battalions of engineer soldiers. Sec. 1152, R. S. 799. Retired officers Employment. Section two of the act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five and for other purposes, 2 approved July thirty-first, eighteen hundred and ninety-four, shall not be so con- strued as to prevent the employment of any retired officer of the Army or Navy to do work under the direction of the Chief of Engi- neers of the United States Army in connection with the improvement of rivers and harbors of the United States, or the payment by the proper officer of the Treasury of any amounts agreed upon as com- pensation for such employment. Sec. 7, Avt of June 3, 1896 (29 Stat. 235). 800. Chief of Engineers' use of Library of Congress. The Joint Committee of Congress on the Library is authorized to extend the use of the books in the Library of Congress to * * * the Chief of Engineers of the Corps of Engineers United States Army, resi- dent in Washington, on the same conditions and restrictions as mem- bers of Congress are allowed to use the Library. J. R., No. 1^1, Aug. 28, 1890 (26 Stat. 678). 801. Subscriptions to ~be paid from appproprpiation of $5,000. That hereafter section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign and professional x One company of bombardiers, sappers, and miners was authorized by the act of April 29, 1812 (2 Stat. 720), to be officered from the Corps of Engineers; this company was disbanded at the general reduction of 1821, act of March 2, 1821 (2 id., 615). A similar company, to be officered in the same manner, was authorized by the act of May 15, 1846 (9 id., 12) ; three additional companies were provided for in section 4 of the act of August 6, 1861 (12 id., 317). A sergeant-major, quartermaster-sergeant, and commissary-sergeant were author- ized by section 4 of the act of June 20, 1864 (13 id., 144). By section 20 of the act of July 28, 1866 (14 id., 335), the enlisted establishment of the Corps of Engineers was fixed at five companies, with the battalion sergeant-major and quartermaster-sergeant already authorized by law. The grade of battalion com- missary-sergeant was discontinued by section 10 of the act of July 15, 1870 (15 id., 318). Section 7 of the act of March 2, 1899 (30 Stat. 979), contained the requirement that the battalion of engineers and the officers serving therewith should constitute a part of the line of the Army; this provision was reenacted in section 22 of the act of February 1, 1901 (31 Stat. 754) ; by section 11 of the same enactment the enlisted force of the Engineer Corps was increased to three battalions of engineer troops and a band. 9 Section 2, act of July 31, 1894 (28 Stat. 205). MILITARY LAWS OF THE UNITED STATES. 307 newspapers and periodicals to be paid for from this appropriation, $25,000. Act of Apr. 27, 1914 (38 Stat. 369). FORTIFICATIONS. 1 802. Procurement of sites. Hereafter the Secretary of War may cause proceedings to be instituted in the name of the United States in any court 2 having jurisdiction of such proceedings for the acquire- ment, by condemnation, of any land, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications and coast defenses, such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: 1 The act of February 10, 1875, contained the following provision : " For tor- pedoes for harbor defenses and the preservation of the same, and for torpedo experiments in their application to harbor and land defense, and for instruction of engineer battalion in their preparation and application, fifty thousand dollars; Provided, That the money herein appropriated for torpedoes shall only be used in the establishment and maintenance of torpedoes to be operated from shore stations for the destruction of an enemy's vessel approaching the shore or entering the channels and fairways of harbors," which was repeated in the acts of February 10, 1875, June 20, 1876, March 3, 1877, March 23, 1878, March 3, 1879, May 4, 1880, March 3, 1881, and May 19, 1882. The act of March 3, 1883, contained the requirement that " one-half of the money herein appro- priated may be used in the purchase of torpedoes of the latest improvement." If, in the opinion of the Chief of Engineers, a contemplated building will be an appliance necessary in the operation of submarine mines for the defense of harbors, .or will, when completed, be used in operating such mines, or in such a way as to render their operation possible for the defense of harbors, the cost of its erection is chargeable to the appropriation for torpedoes for harbor defense. (3 Comp. Dec., 30.) 2 A proceeding to condemn lands for the use of the United States under this statute is properly brought in a district court of the United States. In such proceeding the practice should be in substantial conformity with that pursued in the courts of the State in which the lands are situated, when similar proceedings are there instituted. (U. S. v. Engeman, 45 Fed. Rep., 546.) The manner in which the power of eminent domain of the United States shall be exercised is a matter of legislative discretion, and Congress, by the act of August 1, 1888 (25 Stat. 357), has vested in the United States circuit and dis- trict courts of the district in which land is situated jurisdiction of proceedings authorized to be instituted by any public officer to condemn such land for public purposes. By the act of August 18, 1890 (26 Stat. 316), the Secretary of War is authorized to cause proceedings to be instituted for the condemnation of land for military purposes "in any court having jurisdiction of such proceedings." Held, that said acts are in pari materia, and upon an application by the Scre- tary of War, under the latter act, the Attorney-General may, at his election, cause proceedings to be instituted for the condemnation of land for military purposes in either the State or Federal courts. (Chappell v. U. S., 81 Fed. Rep., 764.) Where land proposed to be conveyed by a State to the United States for the purpose of fortifications was described in the proffered deed as extending to the sea and in a line along the sea, held that such a deed would convey only land extending to and bounded by a high-water mark, and advised that the grant should be so expressed as specifically to include the shore to low-water mark, and should also embrace such water-covered lands as would be sufficient to prevent the erection, by the authority of the State, of structures that might interfere with the proper use of the land for purposes of fortifications. Where, however, under the laws of the State, a private owner's title extends to ordinary low-water mark, so that a conveyance bounding the lands " on the sea or salt water " would give title to low-water mark, held that a conveyance of "all that portion of Peddocks Island * * * lying north of a straight line across the island" would give title to low-water mark. (Dig. J. A. G., 920, D.) 308 MILITAEY LAWS OF THE UNITED STATES. Provided, That when the owner of such land or rights pertaining thereto shall fix a price for the same, which, in the opinion of the Secretary of War, shall be reasonable, he may purchase the same at such price without further delay. Act of Aug. 18, 1890 (26 Stat. 316). 803. Same Barracks and quarters Hereafter in acquiring sites for fortifications it shall be the duty of the Secretary of War. in every case of such acquirement, to purchase or otherwise procure at the same time, under this and future appropriations for this pur- pose, sufficient land for necessary barracks and quarters for the artil- lery troops required in connection with each of such fortifications; but no part of the money appropriated for military posts shall be used for the purchase of any land except as herein specifically pro- vided. Act of Apr. 28, 1904 (33 Stat. 497). 804. Same Donations. The Secretary of War is hereby author- ized to accept on behalf of the United States donations of lands or rights pertaining thereto required for the above-mentioned pur- oses. Act of Aug. 18, 1890 (26 Stat. 316). 805. Temporary forts Emergency. In case of emergency when, in the opinion of the President, the immediate erection of any tem- porary fort or fortification is deemed important and urgent, such temporary fort or fortification may be constructed upon the written consent of the owner of the land upon which such work is to be placed ; and the requirements of section three hundred and fifty-five x of the Revised Statutes shall not be applicable in such cases. Joint resolution No. 21, of Apr. 11, 1898 (30 Stat. 737). 806. Work ~by contract or otherwise. It shall be the duty of the Secretary of War to apply the money herein appropriated under the heading " Fortifications and other works of defense," in carry- ing on the various works, by contract or otherwise, as may be most economical and advantageous to the Government. Where said works are done by contract, such contract shall be made after sufficient public advertisement for proposals, in such manner and form as the Secretary of War shall prescribe; and such contracts shall be made with the lowest responsible bidders, accompanied by such securities as the Secretary of War shall require, conditioned for the faithful prosecution and completion of the work according to such contract. Act of Apr. 21, 1904 (33 Stat. 234). 807. Disbursements. It shall be the duty of the engineer superin- tending the construction of a fortification, or engaged about the execution of any other public work, to disburse the moneys appli- cable to the same; but no compensation shall be allowed him for such disbursements. 2 Sec. 1153, R. S. 1 See par. 258, ante. 2 As to the relation between constructing engineers and post commanders, see pars. 1503-1505, A. R., 1913, and G. O. No. 2, War Dept, 1914. MILITAKY LAWS OF THE UNITED STATES. 309 808. Same Settlement of accounts by disbursing officers Not ~by transfer settlement. Hereafter in the settlement of transactions be- tween appropriations under the Engineer Department, or between the Engineer Department and another office or bureau of the War Department, or of any other executive department of the Govern- ment, payment therefor shall be made by the proper disbursing officer of the Corps of Engineers or of the office, bureau, or depart- ment concerned. Act of Apr. 87, 1914 (&S Stat. 369}. HISTORICAL NOTE. Legislative provision for the services of engineer officers with the Revolu- tionary armies was made at a relatively early stage in the progress of the war by a resolution of Congress of June 16, 1775, which authorized the employment of engineer officers at the headquarters of the Army and in the several depart- ments. Col. R. Gridley was appointed Chief Engineer by General Washington, and his services were recognized and continued in that capacity by a resolution of Congress dated January 16, 1776. The difficulty of obtaining trained engi- neers in the Continental establishment made it necessary to secure such services abroad, and the action of the American commissioners in Paris, in employing several members of the French corps of engineers, was approved by Congress in a resolution dated July 8, 1777. A corps of engineers was subsequently estab- lished by the resolution of March 11, 1779, and M. Duportail, an officer of the Royal Engineers of France, was placed at its head, with the rank of brigadier general. This corps continued in service until the close of the war, not having been disbanded until November, 1783. A Corps of Artillerists and Engineers was established by the act of May 9, 1784 (1 Stat. 366). This organization was required to be "completed" by the act of March 3, 1795 (id., 430), and an additional regiment of artillerists and engineers was added to the establishment by the act of April 27, 1798 (id., 552). The seventeenth and eighteenth sections of the* act of March 3, 1799 (id., 755), passed in contemplation of war with France, authorized the appointment of two engineers " distinct from the Corps of Artillerists and Engineers," with the rank and pay of lieutenant colonels, and conferred power upon the President, in his discretion, to appoint an inspector of fortifications, who was to have the rank of major and was to be selected from the artillerists and engineers or from civil life. If he was appointed from the existing corps, he was to retain his office and was to rise " therein in the same manner as if he had never been appointed to the said office of inspector." The functions of the artillerists and engineers were dissociated by the act of March 6, 1802 (2 U., 132), which created a regiment of Artillery and authorized the President to organize and establish a Corps of Engineers to consist of one major, two captains, two first lieutenants, two second lieutenants, and ten cadets; provision was made in the same enactment for the gradual expansion of the corps by a clause conferring authority upon the President to make promo- tions " without regard to rank " until the corps should consist of one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, and four second lieutenants. By the act of April 29, 1812 (2 id., 720), two captains, two first lieutenants, two second lieutenants, " to be taken from the subaltern officer of engineers," and one paymaster and a company of bombardiers, sappers, and miners were added to the existing establishment. The composition of this corps was not changed by the acts of March 3, 1815 (3 id., 224), and April 4, 1818 (id., 426), for the reduction and reorganization of the staff, nor was its organi- zation modified at the general reduction of March 2, 1821 (id., 615). By section 2 Of the act of July 5, 1838 (5 Stat. 256), a Corps of Topographical Engineers was established, and the President was authorized to increase the Corps of Engineers by the addition of one lieutenant colonel, two majors, six captains, six first lieutenants, and six second lieutenants, and the pay of engineer officers was fixed at the rates established by law for officers of dragoons. By section 3 of the act of July 5, 1838, the paymaster authorized by the act of April 12. 1808, was transferred to the Pay Department. A second company of engineer soldiers was added to the corps by section 4 of the act of May 15, 1846 (9 id., 12). By the act of March 3, 1851 (id., 62), the President was authorized to employ officers of engineers on lighthouse duty, and by section 8 of the act of August 31, 1852 310 MILITABY LAWS OF THE UNITED STATES. (10 id., 119), officers of the corps were required to be attached to the Lighthouse Board as member and engineer secretary, respectively. By section 9 of the act of March 3, 1853 (id., 119), lieutenants of engineers, after fourteen years' con- tinuous service, were to be entitled to the pay and allowances of captains. By section 3 of the act of August 5, 1861 (12 id., 287), three first lieutenants and three second lieutenants were added, and the organization of three additional companies of engineer soldiers was authorized by the act of August 6, 1861 (id., 317) ; two lieutenant colonels and four majors were added to the strength of the corps "by regular promotion." The Corps of Topographical Engineers was discontinued by the act of March 3, 1863 (id., 743), and its officers were merged in the Corps of Engineers. Examinations were also required, in all grades below that of field officer, as a condition precedent to promotion. The composition of the corps was fixed, by the same enactment, at one brigadier general, four colonels, ten lieutenant colonels, twenty majors, thirty captains, thirty first lieutenants.- and ten second lieutenants. By section 19 of the act of July 28, 1866 (14 id., 333), the strength of the corps was fixed at one brigadier general, six colonels, twelve lieutenant colonels, twenty -four majors, thirty cap- tains, twenty-six first lieutenants, and ten second lieutenants. By section 6 of the act of March 3, 1869 (15 id., 318), appointments and promotions in the sev- eral departments of the staff were suspended until otherwise directed by Con- gress. This requirement was removed, however, as to all officers below the grade of brigadier general by the act of June 10, 1872 (17 id., 382), and repealed as to the Chief of Engineers by the act of June 30, 1879 (21 id., 45). By the act of July 5, 1898 (30 id., 652), the strength of the Corps of Engineers was fixed at one brigadier general, seven colonels, fourteen lieutenant colonels, twenty-eight majors, thirty-five captains, thirty first lieutenants, and twelve second lieutenants. By section 22 of the act of February 2, 1901 (31 Stat. 754), the strength of the department was fixed at one Chief of Engineers with the rank of brigadier general, seven colonels, fourteen lieutenant colonels, twenty-eight majors, forty captains, forty first lieutenants, and thirty second lieutenants. The enlisted force was also increased by the addition of two battalions of engineer troops. It was also provided that the troops of the three engineer battalions and the officers of Engineers assigned to duty therewith should constitute a part of the line of the Army. By the act of April 23, 1904 (33 Stat. 263), the strength of the corps was fixed at one Chief of Engineers with the rank of brigadier general, ten colonels, sixteen lieutenant colonels, thirty-two majors, forty-three captains, forty-three first lieutenants, and forty-three second lieutenants. By section 5 of the act of February 27, 1911 (36 Stat. 957), the corps was increased by five colonels, six lieutenant colonels, nineteen majors, seventeen captains, and thirteen first lieu- tenants the increase to be extended over a period of five years as nearly as practicable. The Corps of Topographical Engineers. The act of March 3, 1813 (2 Stat. 819), authorized the appointment of eight topographical engineers with the rank of major of cavalry and eight assistants with the rank of captain of in- fantry; but this force was reduced to two majors by the act of March 3, 1815 (id., 224). By the act of April 24, 1816 (id., 297), three majors and two as- sistants with the rank of captain were authorized for each division of the Army. On July 2, 1818, these officers were merged, by general orders, in the Corps of Engineers. In August, 1818, a topographical bureau was established in the War Department, the duties of the bureau being performed by officers detailed from the line. By the act of April 30, 1824 (4 id., 22), civil assistants were au- thorized to be employed, and on June 21, 1831, the Topographical Bureau was formally constituted, in general orders, as a separate office of the War De- partment. The Corps of Topographical Engineers eo nomine was established by section 4 of the act of July 5, 1838 (5 Stat. 256) to consist of one colonel, one lien- tenant colonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants, who were to be appointed by selection from the Corps of Engineers, from the line of the Army, and from the civil engineers authorized by the act of April 30, 1824. The corps as thus constituted was increased by section 2 of the act of August 5, 1861 (12 id., 287), by the addition of three first lieutenants and three second lieutenants, and, by the act of August 6, 1861 (id., 317), by the addition of two lieutenant colonels, four majors, and one company of en- gineer soldiers. The corps was discontinued by the act of March 3, 1863 (12 Stat. 743), its officers being merged in the Corps of Engineers. CHAPTER XXI. THE ORDNANCE DEPARTMENT ARMORIES AND ARSE- NALSBOARD OF ORDNANCE AND FORTIFICATION. Par. The Ordnance Department 809-$>5 Organization 809 Promotions examinations 810 Same seniority 811 Details 812 Same term 813 Same qualifications 814 Same rank 815 Assignments to corps and divi- sions 816 Office Chief of Ordnance prin- cipal assistant 817 Same draftsman 818 Enlisted men 819-825 Ordnance sergeants 819 Same qualifications 820 Number of enlisted men 821 Details of artificers 822 Chief of Ordnance duties 823 Same supply of ordnance, etc. . 824 Same depots 825 Contracts and purchases 826-832 Formal 826 Purchases of steel 827 Material for cartridge bags 828 Articles involving secret proce&s, etc 829 For other departments 830 Various ordnance appropriations. 831 Disbursements 832 Property accountability 833-836 Reports to Secretary of War. ... 833 Semiannual returns 834 Same regulations 835 Reports of damages 836 Sales of obsolete and unserviceable material 837-841 Powder and shot. . . 837 Par. Sales of obsolete and unserviceable material Continued. Proceeds 838 To patriotic organizations 839 Obsolete cannon, etc 840 For experimental purposes 841 Sales of serviceable property 842-848 To bureaus and departments 842 To Navy and Marine officers 843 To civilian employees and Red Cross 844 For sentimental reasons collec- tions from carriers 845 Proceeds available to replace stores 846 Issues to other executive depart- ments 847 Freight on issues 848 Loans and gratuitous issues 849-852 To municipal corporations, etc. . 849 To homes for disabled volunteer s 850 Tests of rifled cannon 851 Caliber determinations 852 Armories and arsenals 853-856 Armories officers and workmen . 853 Same compensation 854 Same annual account of ex- penses 855 Same useless arsenals 856 Employees of arsenals, etc 857-860 Leaves of absence 857 Penalty for certain offenses 858 Enticing away workmen pen- alty 859 Exemption from jury service 860 Appropriations apportionment of expenses 861 Same replacing materials 862 311 312 MILITARY LAWS OF THE TJKITED STATES. Par. Inventions 863-865 Patents without fee 863 Rewards to employees 864 Prohibited expenditures 865 Board for testing iron and steel. . 8C6-869 Appointment of board testing machines 866 Same compensation 867 Tests for private parties fees. . 868 Same use of funds... . 869 Par. Board of Ordnance and Fortifica- tion 870-878 Organization duties 870 Additional member 871 Same 872 Additional civilian member 873 Member interested in device 874 Investigations and tests 875 Eight to use inventions , 876 Expenses of board 877 Appropriation expenditure 878 THE ORDNANCE DEPARTMENT. 809. Organization. The Ordnance Department shall consist of one chief of ordnance with the rank of brigadier-general; six col- onels, nine lieutenant-colonels, nineteen majors, twenty-five captains, twenty-five first lieutenants, and the enlisted men, including ord- nance-sergeants, as now authorized by law. Act of June 25, 1906 (34 Stat. 455). 810. Promotions Examinations. No * * * promotion in said department shall hereafter be made until the officer or person so * * * promoted shall have passed a satisfactory examination before a board of ordnance officers senior to himself. 1 Sec. 5, Act of June 23, 1874 (18 Stat. 245). 811. Same Seniority. So long as there remain any officers hold- ing permanent appointment in the * * * Ordnance Depart- ment * * * they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein con- tained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which officers so promoted shall hold their appointments. 2 Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755). 812. Details. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promo- tion as provided for in this section, it shall be filled by detail from the line of the Army. Id. 813. Same Term. All officers so detailed shall serve for a period of four years, at the end of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they have served two years with the line. Id. 1 Vacancies which may hereafter occur are required to be filled in accordance with the system of details prescribed in section 26 of the act of February 2, 1901. See, in this connection, the title Details to the Staff in the chapter entitled The Staff Departments. 2 Examinations for promotions in this department are now regulated by the acts of June 23, 1874 (18 Stat. 245) ; October 1, 1890 (26 Id., 562) ; and July 27, 1892 (27 id.. 276). MILITARY LAWS OF THE UNITED STATES. 313 814. Same Qualifications. Details to the Ordnance Department under the provisions of the Act of February second, nineteen hun- dred and one, may be made from the Army at large from the grade in which the vacancy exists, or from the grade below: Provided, That no officer shall be so detailed except upon the recommendation of a board of ordnance officers, and after at least one examination, which shall be open to competition: And provided further, That officers so detailed in grades below that of major shall not be again eligible for such detail until after they shall have served for at least one year out of that department. Act of June 25, 1906 (34 Stat. 465). 815. Same Rank. Hereafter officers serving by detail in the Ordnance Department, under the Acts of February second, nineteen hundred and one, and June twenty-fifth, nineteen hundred and six, shall take rank in their respective grades from the dates of their rank under their original detail in said grades. Act of Mar. 3, 1909 (35 Stat. 751). 816. Assignments to corps and divisions. A chief ordnance officer may be assigned to the staff of an army or a corps commander, and while so assigned shall have the rank, pay. and allowance of a lieu- tenant-colonel. A chief ordnance officer may be assigned to the staff of a division commander, and while so assigned shall have the rank, pay and allowances of a major. Act of July 7, 1898 (30 Stat. 720). 817. Ordnance bureau Principal assistant. The principal assist- ant in the Ordnance Bureau shall receive a compensation, including pay and emoluments, not exceeding that of a major of ordnance. Sec. 1279, R. S. 818. Same Skilled draftsmen. The services of skilled drafts- men and such other services, not clerical, as the Secretary of War may deem necessary, may be employed in the office of the Chief of Ordnance to carry into effect the various appropriations for the armament of fortifications and for the arming and equipping of the Organized Militia, to be paid from such appropriations, in addition to the amount specifically appropriated for draftsmen in the Army Ordnance Bureau: Provided, That * * * the Secretary of War shall each year in the annual estimates report to Congress the num- ber of persons so employed, their duties, and the amount paid to each. 1 Act of Mar. 4, 19 J 3 (37 Stat. 765.) ENLISTED MEN. 819. Ordnance sergeants. There shall be an ordnance-sergeant for each military post, whose duty it shall be to take care of the ord- nance, arms, ammunition, and other military stores at such post, 1 Tbis provision appears annually in the legislative, executive, and judicial appropriation act. 314 MILITARY LAWS OF THE UNITED STATES. under the direction of the commanding officer, and according to regu- lations prescribed by the Secretary of War. 1 Sec. 1109, R. S. 820. Same Qualifications. Ordnance-sergeants shall be selected by the Secretary of War from the sergeants of the line who shall have served faithfully for eight years, including four years in the grade of noncommissioned officer, and shall be assigned to their sta- tions by him. Sec. 1110, R. S. 821. Number of enlisted men. The Chief of Ordnance may enlist as many sergeants of ordnance, corporals of ordnance, and first and second class privates of ordnance as the Secretary of War may direct. Sec. 1162, R. S. 822. Details of artificers. The Chief of Ordnance, subject to the approval of the Secretary of War, shall organize and detail to regi- ments, corps, or garrisons such numbers of ordnance enlisted men, fur- nished with proper tools, carriages, and apparatus, as may be neces- sary, and shall make regulations for their government. Sec. 1163, R. S. 823. Chief of Ordnance Duties. It shall be the duty of the Chief of Ordnance to furnish estimates, and, under the direction of the Secretary of War, to make contracts and purchases, for procuring the necessary supplies of ordnance and ordnance stores for the use of the armies of the United States; to direct the inspection and proving of the same, and to direct the construction of all cannon and carriages, ammunition wagons, traveling forges, artificers' wagons, and of every implement and apparatus for ordnance, and the preparation of all kinds of ammunition and ordnance stores constructed or prepared for said service. 2 Sec. 116^, R. S. 824. Same Supply of ordnance, etc. The Chief of Ordnance, or the senior officer of that corps for any district, shall execute all orders of the Secretary of War, and, in time of war, the orders of any general or field officer commanding an army, garrison, or de- tachment, for the supply of all ordnance and ordnance stores for garrison, field, or siege service. Sec. 1166, R. S. 825. Same Depots. The Chief of Ordnance, under the direction of the Secretary of War, may establish depots of ordnance and ordnance stores in such parts of the United States and in such num- bers as may be deemed necessary. 3 Sec. 1165, R. S. a For pay and allowances of ordnance-sergeants, see chapter entitled the Quartermaster's Corps. * For powers and duties of this office in respect to the care and accountability of ordnance and ordnance stores, see paragraphs, 834-836, post. 8 Clerical services. The employment of clerical services in the Ordnance De- partment is regulated in the annual acts of appropriation. The amount to be expended for such services was fixed at $65,000 by the acts of March 3, 1883, July 5, 1884, and March 3, 1885 ; at $60,000 by the acts of June 30, 1886, Feb- ruary 9, 1887, September 22, 1888, March 2, 1889, June 13, 1890, February 24, 1891, July 16, 1892, February 27, 1893, August 6, 1894, February 12, 1895, March 16, 1896, March 2, 1897, and March 15, 1898. This restriction was sus- pended, during the existing war with Spain, by the act of June 7, 1898 (30 Stat. 434), and subsequent enactments of similar character. MILITARY LAWS OF THE UNITED STATES. 315 CONTRACTS AND PURCHASES. 826. Formal contracts. Hereafter whenever contracts which are not to be performed within sixty days are made on behalf of the Government by the Chief of Ordnance, or by officers under him authorized to make them, and are in excess of five hundred dollars in amount, such contracts shall be reduced to writing and signed by the contracting parties with their names at the end thereof. In all other cases contracts shall be prepared under such regulations as may be prescribed by the Chief of Ordnance. 1 Act of Mar. 23, 1910 (36 Stat. 261). 827. Purchases of steel. No contract for the expenditure of any portion of the money herein provided, or that may be hereafter pro- vided for the purchase of steeF shall be made until the same shall have been submitted to public competition by the Department by advertisement. Act of Feb. 24, 1891 (26 Stat. 769). 828. Material for cartridge bags. When, in the opinion of the Secretary of War, it is necessary to purchase material abroad for the manufacture of sacks for artillery cartridges, it shall be admitted free of duty. 2 Act of Mar. 15, 1898 (30 Stat. 326). 829. Articles involving secret process, etc. Whenever proposals are invited for the furnishing of articles of ordnance property, the character of which or the ingredients thereof are of such a nature that the interests of the public service would be injured by publicly divulging them, the Chief of Ordnance is authorized to purchase such articles in such manner as he may deem most economical and efficient. Act of May 11, 1908 (35 Stat. 125). 830. For other Departments. Whenever the Ordnance Depart- ment, under existing regulations, procures stores for other Executive Departments or bureaus, including the Philippine government, its appropriations shall be applicable to defray the necessary expenses in connection with the procurement, subject to reimbursement from time to time, or on completion of the work, from the department or bureau for which the stores were procured. 3 Act of June 12, 1906 (34 Stat. 258). 831. Various ordnance appropriations. Hereafter the appropria- tions " Ordnance-stores ammunition," " Small-arms target practice," and " Ordnance stores and supplies " shall be available for two years 1 This act amends section 3744, Revised Statutes, so far as it affects the Ordnance Department. (See under chapter "Contracts and purchases," par. 1211, post.) "The annual appropriation act for the fiscal year ending June 30, 1911, con- tains the following provision (act of June 23, 1910. 36 Stat. 599) : "All material purchased under the provisions of this act shall be of American manufacture, except in cases when, in the judgment of the Secretary of War, it is to the manifest interest of the United States to make purchases in limited quantities abroad, which material shall be admitted free of duty." * See also act of August 24, 1912 (37 Stat. 589), par. 842, post 316 MILITABY LAWS OF THE UNITED STATES. to procure the stores authorized by them. Act of Mar. 2, 1907 Stat. 1175). 832. Disbursements. Hereafter whenever pressing obligations are required to be paid by a disbursing officer of the Ordnance Depart- ment and there is an insufficient balance to his official credit under the proper appropriation or appropriations for the purpose, he is authorized to make payment from the total available balance to his official credit, provided sufficient funds under the proper appropria- tion or appropriations have been allotted by the Chief of Ordnance for the expenditure. When such disbursements are made the ac- counts of the disbursing officer shall show the charging of the proper appropriations, the balances under which will be adjusted by the disbursing officer on receipt of funds or by the accounting officers of the Treasury. Act of Mar. 3, 1909 (35 Stat. 750) . (For similar provision relative to the disbursing officers of the Quartermas- ter's Department, see paragraph 523.) PROPERTY ACCOUNTABILITY. 833. Reports to Secretary of W ar. The Chief of Ordnance shall, half yearly, or oftener if so directed, make a report to the Secretary of War of all the officers and enlisted men in his department of the service, and of all ordnance and ordnance stores under his control. 1 Sec. 1167, R. S. 834. Semiannual returns. Every officer of the Ordnance Depart- ment, * * * every post ordnance-sergeant, each keeper of maga- zines, arsenals, and armories, every assistant and deputy of such, and all other officers, agents, or persons who shall have received or may be entrusted with any stores or supplies, shall * * * [semi- annually], or oftener if so directed, and in such manner and on such forms as may be directed or prescribed by the Chief of Ordnance, make true and correct returns to the Chief of Ordnance of all ord- nance arms, ordnance stores, and all other supplies and property of every kind received by or entrusted to them and each of them, or which may in any manner come into their and each of their posses- sion or charge. Sec. 1167, R. S., as amended ~by Act of Feb. 25, 1903 (32 Stat. 885). 835. Same Regulations. The Chief of Ordnance, subject to the approval of the Secretary of War, is hereby authorized and directed to draw up and enforce in his department a system of rules and regu- lations for the government of the Ordnance Department, and of all persons in said department, and for the safe-keeping and preserva- tion of all ordnance property of every kind, and to direct and pre- 1 Since the amendment of this section by the act of February 27, 1877, the annual report as now rendered by the Chief of Ordnance takes the place of the old reports rendered under this section. MILITARY LAWS OF THE UNITED STATES. 317 scribe the time, number, and forms of all returns and reports, and to enforce compliance therewith. 1 Sec. 1167, R. S., as amended by the Act of Feb. 27, 1877 (19 Stat. 242). 836. Reports of damages. Every officer commanding a regiment, corps, garrison, or detachment shall make, once every two months, or oftener if so directed, a report to the Chief of Ordnance stating all damages to arms, equipments, and implements belonging to his command, noting those occasioned by negligence or abuse, and nam- ing the officer or soldier by whose negligence or abuse the said dam- ages were occasioned. 2 Sec. 1220, R. S. SALES OF OBSOLETE AND UNSERVICEABLE MATERIAL. 837. Powder and shot. The Secretary of War is hereby authorized, in his discretion, to exchange the unserviceable and unsuitable pow- der and shot on hand for new powder and projectiles, or to sell the same and purchase similar articles with the proceeds of the sales; and he shall make statement of his action under this provision in his next annual report. Act of Mar. 3, 1881 (21 Stat. 468). 838. Proceeds. The Secretary of the Navy is authorized to dispose of the useless ordnance material on hand at public sale according to law. * * * And in the case of the sale of like materials in the War Department, the proceeds of which shall be turned into the Treasury, an amount equal to the net proceeds of such sale is hereby appropriated for the purpose of procuring a supply of material adapted in manufacture and caliber to the present wants of the war service : And there shall be expended in the War Department, under this provision, not more than seventy-five thousand dollars in any one year. 3 Act of Mar. 3, 1875 (18 Stat. 388). 839. To patriotic organizations. The Chief of Ordnance is hereby authorized to sell without advertisement to patriotic organizations for military purposes surplus obsolete small arms and their equip- ments and ammunition at such prices as he may deem reasonable and just: Provided, That hereafter obsolete small arms and their equip- ment and ammunition shall not be disposed of to such organizations except as provided for in this Act. Sec. 14, Act of May 28, 1908 (35 Stat. 443). 840. Obsolete cannon, etc. The Chief of Ordnance is hereby au- thorized to sell without advertisement for public parks, public build- x For statutory provisions on the subject of property returns, see the act of Mar. 29, 1894 (28 Stat. 42) ; see also the chapter entitled The Public Property. 2 While this section has not been expressly repealed,, yet the semiannual re- turns and survey reports are the only reports now made. * For rules respecting the disposition of damaged stores or stores that are unsuitable for the public service, see the chapter entitled The Public Property; for rules as to the disposition of the proceeds of the sale of condemned property, see the chapter entitled The Treasury Department. 318 MILITARY LAWS OF THE UNITED STATES. ings, and soldiers' monuments purposes surplus obsolete brass or bronze cannon, carriages, and cannon balls at such prices as he may deem reasonable and just: Provided, That hereafter obsolete brass or bronze cannon and their accessories shall not be disposed of for such purposes except as provided for in this act. 1 Sec. Ifl, Act of Mar. 4, 1909 (35 Stat. 1075). 841. For experimental purposes. That the Secretary of War and the Secretary of the Navy are hereby authorized to sell to projectors of methods of conversion, for experimental purposes only, any smooth-bore cannon on hand required by them, at prices which shall not be less than have been received from auction sales for such ar- ticles, and deliver the same at the cost of the Government, at the nearest convenient place fqr shipment or public transportation; the cost of delivery to be deducted from the proceeds of sales, and the balance to be covered into the Treasury of the United States. Sec. 3, Act of July 5, 1884 (23 Stat. 159) . SALES OF SERVICEABLE PROPERTY. 842. To bureaus and departments. Hereafter when authorized transfers or sales of ordnance or ordnance stores are made to another bureau of the War Department, or to another executive department of the Government, payment therefor shall be made by the proper disbursing officer of the bureau, office, or department concerned. When the transaction is between two bureaus of the War Depart- ment, the price to be charged shall be the cost price of the stores, including the cost of inspection. When the transaction is between the Ordnance Department and another executive department of the Government, the price to be charged shall include the cost price of the stores and the costs of inspection and transportation. Act of Aug. 24, 1912 (37 Stat. 589). 843. Sales of ordnance property. Articles of ordnance property may be sold by the Chief of Ordnance to officers of the Navy and Marine Corps, for their use in the public service, in the same manner as these articles are now sold to officers of the army. Act of Mar. 3,1909 (35 Stat. 7 51). 844. To civilian employees and Red Cross. Sales of ordnance stores are authorized to civilian employees of the army and to The American National Red Cross under such regulations as may be prescribed by the Secretary of War. Id., 750. 845. For sentimental reasons; collections from carriers. Hereafter moneys arising from deductions made from carriers on account of the loss of or damage to military stores in transit shall be credited 1 The provision here referred to is that " no expense shall be incurred by the United States in the delivery of the same." MILITARY LAWS OP THE UNITED STATES. 319 to the proper appropriation or funds out of which such or similar stores shall be replaced and individual pieces of United States arma- ment which are not needed on account of historical value, and can be advantageously replaced, may be sold at a price not less than their cost price, when there exist for such sale sentimental rea- sons adequate in the judgment of the Secretary of War or Secretary of the Navy. Act of Mar. 2, 1905 (33 Stat. 840) . 846. Proceeds available to replace stores. Hereafter all moneys arising from disposition authorized by law and regulation of serv- iceable ordnance and ordnance stores shall constitute one fund on the books of the Treasury Department, which shall be available to replace ordnance and ordnance stores throughout the fiscal year in which the disposition was effected and throughout the following year. The Secretary of War is hereby authorized to sell to Amer- ican designers such serviceable ordnance and ordnance stores as may be necessary in the development of designs which may be used in the military service : Provided, That such ordnance and ordnance stores can be spared for the purpose, and funds arising from such sales shall be available to replace like ordnance and ordnance stores. Act' of Apr. %3, 1904 (33 Stat. 276). 847, Issues to other Executive Departments. Upon the request of the head of any Department, the Secretary of War be, and he hereby is, authorized and directed to issue arms and ammunition when- ever they may be required for the protection of the public money and property, and they may be delivered to any officer of the Depart- ment designated by the head of such Department, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired. Arms and ammunition heretofore fur- nished to any Department by the War Department, for which the War Department has not been reimbursed, may be receipted for under the provisions of this act. 1 Act of Mar. 3, 1879 (20 Stat. 848. Freight on issues. No part of the appropriations made for the Ordnance Department shall be used in payment of freight charges on ordnance or ordnance stores issued by said department. Act of Mar 2, 1901 (31 Stat. 910). LOANS AND GRATUITOUS ISSUES. 849. To municipal corporations, etc. The Secretary of War and the Secretary of the Navy are each hereby authorized, in their discretion, to loan or give to soldiers' monument associations, posts of the 1 Section 2 of the act of May 18, 1898 (30 Stat 419), authorized the Secretary of War and general officers commanding troops in Cuba to make certain issues of arms, ammunition, equipments, etc., to the Cuban people during the exist- ence of the War with Spain. 320 MILITARY LAWS OF THE UNITED STATES. Grand Army of the Republic, and municipal corporations condemned ordnance, guns, and cannon balls which may not be needed in the service of either of said Departments. Such loan or gift shall be made subject to rules and regulations covering the same in each Department, and the Government shall be at no expense in connec- tion with any such loan or gift. Act of May 22, 1896 (29 Stat. 133}. 850. To Homes for Disabled Volunteers. The Chief of Ordnance is authorized to issue such obsolete ordnance, gun carriages, and ordnance stores, as may be needed for ornamental purposes, to the Homes for Disabled Volunteer Soldiers, the Homes to pay for trans- portation and such other expenses as are necessary. 1 Act of Mar. 3,1899 (30 Stat. 1073). 851. Tests of rifted cannon. That hereafter all rifled cannon of any particular material, caliber, or kind, made at the cost of the United States, shall be publicly subjected to the proper test, includ- ing such rapid firing as a like gun would be likely to be subjected to in actual battle, for the determination of the endurance of the same to the satisfaction of the President of the United States or such persons as he may select ; and he is hereby authorized to select not to exceed five persons, who shall be skilled in such matters; and if such gun shall not prove satisfactory, they shall not be put to use in the Government service. Sec. 2, Act of July 5, 1884 (23 Stat. 159). 852. Caliber determinations. It shall be the duty of the Secretary of War to cause the various calibers, lengths of bore, greatest and least admissible weights of guns for each caliber, together with the greatest and least weights of projectiles for each caliber, of all the various calibers required for the service, together with the number of each caliber of gun required to be determined, and to make the same known to manufacturers of ordnance on their application and to report the same to Congress at its next session for its approval. Sec. I, id. ARMORIES AND ARSENALS. 853. Armories Officers and workmen. At each arsenal there shall be established a national armory, in which there shall be employed one superintendent, who shall be an officer of the Ordnance Depart- ment, to be designated by the President; one master-armorer, who shall be appointed by the President, and as many workmen as the Secretary of War may, from time to time, deem necessary. Sec. 1662, R. S. 854. Same Compensation. The ordnance officer in charge of any national armory shall receive no compensation other than his regu- 1 For similar loans, gifts, and issues of ordnance to National Military Park, see the chapter entitled National Parks. For issues to colleges, see the title Details to Colleges in the chapter entitled Commissioned officers. MILITAKY IAWS OF THE UNITED STATES. 321 Jar pay as an officer of the corps; the master-armorers shall receive fifteen hundred dollars per annum each; the inspectors and clerks, each, eight hundred dollars per annum, except the clerks of the armory at Springfield, Massachusetts, who shall receive sixteen hundred and fifty dollars per annum. Sec. 1663, R. S. 855. Same Annual account of expenses. An annual account of the expenses of the national armories shall be laid before Congress, together with an account of the arms made and repaired therein. Sec. 1665, R. S. 856. Same Useless arsenals. The Secretary of War is authorized to abolish such of the arsenals of the United States as, in his judg- ment, may be useless or unnecessary. Sec. 1666, R. S. EMPLOYEES OF ARSENALS, ETC. 857. Leaves of absence. Each and every employee of the navy- yards, gun factories, naval stations, and arsenals of the United States Government be, and is hereby, granted fifteen working days' leave of absence each year without forfeiture of pay during such leave: Provided, That it shall be lawful to allow pro rata leave only to those serving twelve consecutive months or more: And provided further, That in all cases the heads of divisions shall have discretion as to the time when the leave can best be allowed without detriment to the service, and that absence on account of sickness shall be deducted from the leave hereby granted. Act of Feb. 1, 1901 (31 Stat. 746). 858. Penalty for certain offenses. If any artificer or workman, hired, retained, or employed in any public arsenal or armory, wan? tonly and carelessly breaks, impairs, or destroys any implements, tools, or utensils, or any stock, or materials for making guns, the property of the United States, or willfully and obstinately refuses to perform the services lawfully assigned to him, pursuant to his contract, he shall forfeit a sum not exceeding twenty .dollars for every such act of disobedience or breach of contract, to be recovered in any court having competent jurisdiction thereof. Sec. 1669, R. S. 859. Enticing away workmen Penalty. Whoever shall procure or entice any artificer or workman retained or employed in any arsenal or armory, to depart from the same during the continuance of his engagement, or to avoid or break his contract with the United States ; or whoever, after due notice of the engagement of such workman or artificer, during the continuance of such engagement, shall retain, hire, or in anywise employ, harbor, or conceal such artificer or work- man, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both. Sec. 4$, Act of Mar. 4, 1909^ Criminal Code (35 Stat. 1097). 48985 15 21 322 MILITAEY LAWS OF THE UNITED STATES. 860. Exemption from jury service. All artificers and workmen employed in the armories and arsenals of the United States shall be exempted, during their time of service, from service as jurors in any court. Sec. 1671, R. S. 861. Appropriations; apportionment of expenses. The Chief of Ordnance, in conducting manufacturing or similar operations, is authorized to charge any indirect or general expense for labor or material therefor against any of the appropriations authorizing these operations in such manner as is most economical and efficient, pro- vided that the methods adopted shall show that each of such appro- priations bears its ratable share of the total amount of thes* ex- penses. Act of Mar. 2, 1907 (34 Stat. 1062). 862. Same Replacing materials. The Chief of Ordnance, in con- ducting manufacturing or similar operations under any particular appropriation heretofore or hereafter made, is authorized to use material procured under any appropriation and to replace the same in kind or otherwise: Provided, That in doing so the methods shall be such that each appropriation will >e charged with the full value of the material used in carrying out its object. Act of Mar. 4> 1911 (36 Stat. 13U). INVENTIONS. 863. Patents without fee. The Secretary of the Interior and the Commissioner of Patents are authorized to grant any officer of the Government, except officers and employees of the Patent Office, a patent for any invention of the classes mentioned in section forty- eight hundred and eighty-six 1 of the Eevised Statutes, when such invention is used or to be used in the public service, without the pay- ment of any fee: Provided, That the applicant in his application shall state that the invention described therein, if patented, may be used by the Government or any of its officers or employees in the prosecution of work for the Government, or by any other person in the United States, without the payment to him of any royalty thereon, which stipulation shall be included in the patent. 2 Act of Mar. 3, 1883 (22 Stat. 625). 1 This section of the general patent law states what inventions are patentable. 2 Where claimants seek to recover a royalty for the use of a patented device, they must show a contract, express or implied. Where on a claim for royalty it appears that the Government at no time recognized a right in the patentees or acknowledged a responsibility, it must be held that no contract exists. (Russell and Livermore v. U. S., 35 Ct. Cls., 154.) A contract to pay is implied whenever the Government, acting through a competent agent, takes or uses individual property, acknowledging explicitly or tacitly that the property is individual property. (Schillinger v. U. S., 24 Ct. Cls., 278; 155 U. S, 163; Berdan's Case, 25 Ct. Cls., 355; 26 id., 48; 60 id., 491 ; 156 U. S., 552.) Section 1673 of the Revised Statutes contained the requirement that "no royalty shall be paid by the United States to any of its officers or employees for the use of any patent for the system, or any part thereof, mentioned in the preced- ing section, nor for any such patent in which said officers or employees may be directly or indirectly interested." The preceding section referred to the Spring- field breech-loading system. MILITARY LAWS OP THE UNITED STATES. 323 864. Rewards to employees. The Secretary of War is hereby authorized to offer periodically at such of the establishments of the Ordnance Department as he may select a cash reward for the sug- gestion, or series of suggestions, for an improvement or economy in manufacturing processes or plant, submitted within the period by one or more employees of the establishment which shall be deemed the most valuable of those submitted and adopted for use: Pro- vided, That to obtain this reward the winning suggestion must be one that will clearly effect a material economy in production or increase efficiency or enhance the quality of the product in comparison with its cost and in the opinion of the Secretary shall be so worthy as to entitle the employee making the same to receive the reward: Pro- vided further, That the sums awarded to employees in accordance with this Act shall be paid them in addition to their usual compensa- tion and shall constitute part of the general or shop expense of the establishment : Provided further, That the total amount paid under the provisions of this Act shall not exceed one thousand dollars for any one month: And provided further, That no employee shall be paid a reward under this Act until he has properly executed an agreement to the effect that the use by the United States of the suggestion, or series of suggestions, made by him shall not form the basis of a further claim of any nature upon the United States by him, his heirs, or assigns, and that application for patent has not been made for the invention. Act of July 17, 191% (37 Stat. 193). 865. Prohibited expenditures. Hereafter no money shall be ex- pended at said armories in the perfection of patentable inventions in the manufacture of arms by officers of the Army otherwise com- pensated for their services to the United States. 1 Act of Mar. 3, 1875 (18 Stat. 455). BOARD FOR TESTING IRON AND STEEL. 866. Appointment of board Testing machine. For experiments in testing iron and steel, including the cost of any machine built for 1 Where a skilled mechanic in the Government employment, in the ordinary course of his employment, with the aids furnished by the Government and the suggestion and advice of his superior officer, produces a device upon which a patent is issued, he can not recover for its use by the Government. (Eager v. U. S., 35 Ct. Cls., 556; Solomon's Case, 21 id., 479; Gill's Case, 22 id., 335; 25 id., 415.) When not specifically employed for the purpose, if he m;ikes nn in- vention he is entitled to the benefits of the same. (U. S. v. Burns, 12 Wai., 246; Solomons v. U. S., 21 Ct. Cls., 479-83, nnd 22 id., 335; Solomons v. U. S., 137 U. S., 346; Gill v. U. S., 160 U. S., 426; Gill v. U. S., 25 Ct. Cls., 415; McAleer v. U. S., 150 U. S., 424; and Eager v. U. S., 35 Ct. Cls., 556-568.) See, however, act of June 25, 1910 (36 Stat. 851), which authorizes a suit i gainst the United States for infringement of patent rights with the proviso that the act shall not " apply to any device discovered or invented " by an em- ployee of the United States, " during the time of his employment or service." While no suit for infringement can be brought under the statute in respect to such device, the statute stops short of changing the law as above stated. 324 MILITARY LAWS OF THE UNITED STATES. such purpose, the sum of fifty thousand dollars is hereby appro- priated; and the further sum of twenty-five thousand dollars pro- vided " for improved machinery and instruments for testing Ameri- can iron and steel" in the 'act entitled "An act making appropri- ations for the support of the Army for the year ending June thir- tieth, eighteen hundred and seventy-four," approved March third, eighteen hundred and seventy-three, is hereby continued and made available for such purpose; and that the President be, and hereby is, authorized to appoint a board, to consist of one officer of the Engineers of the United States Army, one officer of ordnance of the United States Army, one line officer of the United States Navy, one engineer of the United States Navy, and three civilians, who shall be experts ; and it shall be the duty of said board to convene at the earliest practicable moment, at such place as may be designated by the President, for the purpose of determining, by actual tests, the strength and value of all kinds of iron, steel, and other metals which may be submitted to them or by them produced, and to pre- pare tables which will exhibit the strength and value of said mate- rials for constructive and mechanical purposes, and to provide for the building of a suitable machine for establishing such tests. Sec. J h Act of Mar. 3, 1875 (18 Stat. 399). 867. Same Compensation. No officers in the pay of the Govern- ment shall be entitled to, or receive, any additional compensation by reasons of any services rendered in connection with this board; but one of the civil experts shall act as secretary of the board, and shall be entitled, under this act, to such compensation as the President may deem proper and fit: Provided, That not more than fifteen thousand dollars of the sum herein provided shall be used for the expenses of such board. 1 Id. 868. Tests for private parties; fees. The Secretary of War is hereby authorized to cause the machine built for testing iron and steel to be set up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be. Act of June 20, 1878 (20 Stat. 223) . That hereafter the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress. Act of Mar. 3, 1885 (23 Stat. 502) . 869. Same Use of funds. In making tests for private citizens the officer in charge may require payment in advance, and may use the funds so received in making such private tests, making full report x The act of March 3, 1873 (17 Stat. 543), contained an appropriation of $25,000 for "improved machinery and instruments for testing American iron and steel." MILITABY LAWS OF THE UNITED STATES. 325 thereof to the Chief of Ordnance; and the Chief of Ordnance shall give attention to such programme of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society to be by them published at their own expense. 1 Act of June 30, 1882 (22 Stat. BOARD OF ORDNANCE AND FORTIFICATION. 870. Organization Duties. A board to consist of the commanding General of the Army, an officer of Engineers, an officer of Ordnance, and an officer of Artillery, to be selected by the Secretary of War, to be called and known as the Board of Ordnance and Fortification ; and said Board shall be under the direction of the Secretary of War and subject to his supervision and control in all respects, and shall have power to provide suitable regulations for the inspection of guns and materials at all stages of manufacture to the extent nec- essary to protect fully the interests of the United States, and gen- erally to provide such regulations concerning matters within said Board's operations as shall be necessary to carry out to the best advantage all duties committed to its charge. Act of Sept. 22, 1888 (25 Stat. 489). 871. Additional member-. One additional member shall be added to the said Board of Ordnance and Fortification, who shall be an artillery officer of technical ability and experience, to be selected by the Secretary of War. Act of Mar. 1,1901 (31 Stat. 875). 8T2. Same. The Secretary of War is hereby authorized to appoint two additional members for the Board of Ordnance and Fortifica- tion, both of whom shall be selected from the Artillery Corps. Act of Mar. 2, 1901 (31 Stat. 910). 873. Additional civilian member. One additional member shall be added to said Board of Ordnance and Fortification who shall be a civilian and not an exofficer of the Regular Army or Navy, and he shall be nominated by the President, and, by and with the advice and consent of the Senate, appointed, and shall be paid a salary of five thousand dollars per annum and actual traveling expenses when traveling on duty. Act of Feb. 24, 1891 (26 Stat. 769). 874. Member interested in device. Hereafter no person shall be a member of or serve on said Board who has been or is in any manner interested in any invention, device, or patent which, or anything similar to which, has been considered or may be considered by or come before said Board for test or adoption; or who is connected with or in the employ of any manufacturer who has or shall have contracts with the United States for any ordnance materials. Act of Feb. 18, 1893 (27 Stat. 461). lr The acts of March 3, 1883 (22 Stat. 460), July 5, 1884 (23 Stat. 112). and March 3, 1885 (23 Stat. 502), contain a similar provision. 326 MILITARY LAWS OF THE UNITED STATES. 875. Investigations and tests. To enable the board to make all needful and proper purchases, investigations; experiments, and tests, to ascertain, with a view to their utilization by the Government, the most effective guns, small arms, cartridges, projectiles, fuzes, explosives, torpedoes, armor plates, and other implements and en- gines of war; and to purchase or cause to be manufactured, under authority of the Secretary of War, such guns, carriages, armor plates, and other war material as may, in the judgment of said Board, be necessary in the proper discharge of the duty herein de- volved upon it by the act approved September twenty-second, eight- een hundred and eighty-eight. 1 * * * [appropriated] one hun- dred thousand dollars. Act of May 25, 1900 (31 Stat. 186). 'The act of September 22, 1888 (25 Stat. 489), restricts the expenditures of the board in respect to the investigations, tests, experiments, etc., which may be carried on under its direction under that statute, by the requirement that " the amount expended and liabilities incurred in such purchases, investiga- tions, experiments, and tests shall not exceed five hundred thousand dollars, which sum is hereby appropriated " ; and that " said board shall test, and if found satisfactory, shall purchase two breech-loading field guns of three and two-tenths inch bore of aluminum bronze." By several acts of appropriation the powers of the Board of Ordnance and Fortification have been reduced and defined. By the act of February 24, 1891 (26 Stat. 767), the appropriations of the Engineer Department for gun and mortar batteries and for sites of fortifications have been withdrawn from the supervision of the board; by the act of July 23, 1892 (27 Stat. 260), all regular appropriations of the Ordnance Department for the armament of fortifications were similarly withdrawn from its supervision. See, also, the acts of February 18, 1893 (27 Stat. 461), August 1, 1894 (28 id., 215), March 2, 1895 (id., 706), and June 6, 1896 (29 id., 259), for similar provisions of statutes in which the board is specially charged with the supervision of stated funds and with the general expenditure of funds appropriated for experimental purposes. The act of March 2, 1889 (25 Stat. 833), conferred authority upon the Board of Ordnance and Fortification " to examine and report upon a site or sites for ordnance testing and proving ground to be used in the testing and proving of heavy ordnance, having in view in the selection of said site or sites their ac- cessibility by land and water, means of transportation, and suitability for the purpose intended, and also the actual and reasonable cost, and value of the land embraced in said site or sites and the least sum for which the same can be procured. Said board shall report thereon to the Secretary of War, to be submitted to Congress at its next session; and in case the said board shall select a site or sites and recommend their purchase, the Secretary of War is hereby authorized to secure written proposals for the sale of the land so recom- mended, until such time as Congress may act upon the recommendation of said board and of the Secretary of War." To enable the Secretary of War, in his discretion, to purchase the land ad- joining the Government reservation at Sandy Hook, New Jersey, now belonging to the grantees of the Highland Beach Association of New Jersey, together with the right of way from said land to the main line of the Central Railroad Company of New Jersey, together with the rails, ties, switches, and all the railroad equipment on said lands, twenty-five thousand dollars, or so much thereof as may be necessary. (Act of July 23, 1892, 27 Stat. 259.) That the President is hereby authorized to appoint a board, to consist of three officers of the Army and three officers of the Navy, who shall examine and report to the Secretary of War, for transmission to Congress for its con- sideration, what, in their opinion, is the most suitable site on the Pacific coast, or on the rivers or other waters thereof, for the erection of a plant for finish- ing and assembling the parts of heavy guns and other ordnance for the use of the Army and Navy. That for the payment of the necessary expenses of the board to be appointed under the foregoing provisions the sum of two thousand five hundred dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated. (Act of July 23, 1892, 27 Stat. 258.) MIUTABY LAWS OF THE UNITED STATES. 327 876. Right to use inventions. Before any money shall be expended in the construction or test of any gun, gun carriage, ammunition, or implements under the supervision of the said Board, the Board shall be satisfied, after due inquiry, that the Government of the United States has a lawful right to use the inventions involved in the con- struction of such gun, gun carriage, ammunition, or implements, or that the construction or test is made at the request of a person either having such lawful right or authorized to convey the same to the Government. Act of Aug. 1, 1894 ($ Stat. 215). 877. Expenses of board. For payment of the necessary expenses of the Board, including a per diem allowance to each officer detailed to serve thereon when employed on duty away from his permanent station, of two dollars and fifty, cents a day, * * * thousand dollars. 1 Act of July 23, 1892 (27 Stat. 260) . 878. Appropriation Expenditure. For the test of experimental guns, carriages, and other devices procured in accordance with the recommendation of the Board of Ordnance and Fortification, * * * dollars, the expenditure of which shall be made by the several bureaus of the War Department heretofore having jurisdic- tion of the same, or by the board itself, as the Secretary of War may direct. Act of Mar. 3, 1909 (35 Stat. 732) . HISTORICAL NOTE. The duties in connection with the procurement, manufacture, and supply of cannon, small arms, and military stores, now performed by the Ordnance Depart- ment, seem to have been vested during the Revolutionary period in a purveyor of public supplies, an office created by Congress, which ceased to exist at the close of the war. With a view to secure proper accountability and a more effi- cient administration in this branch of the military service, President Washing- *For a similar provision see the acts of February 24, 1891 (26 Stat 768) ; July 23, 1892 (27 Stat. 259) ; February 18, 1893 (27 Stat 460) ; March 2, 1895 (28 Stat. 706), and June 6, 1896 (29 Stat. 259). The several acts of appropria- tion since that of July 23, 1892, contain provisions for similar allowances to each officer detailed to serve on the Board of Ordnance and Fortification when on duty away from his permanent station. The acts of appropriation since that of August 4, 1894, contain provisions for the necessary traveling expenses of the civilian member of the board when traveling on duty as contemplated in the act of February 24, 1891. This provision has appeared in all subsequent acts of appropriation. An officer who is authorized to receive compensation " while necessarily employed " only, must produce satisfactory evidence of his employment, and of the neces- sity therefor, during the period for which he claims compensation. (4 Comp. Dec., 424.) The Auditor is authorized, and it is his duty, to require the pro- duction of satisfactory evidence of the time of actual employment of an officer who is paid a per diem compensation or allowance. (Id., 479.) The mileage of officers of the Army traveling on duty connected with the Board of Ordnance and Fortification is payable from the appropriation made for the board as a part of the necessary expenses incident to the performance of the work. (3 id., 332.) Officers of the Army connected with the Board of Ordnance and Fortification, when traveling on duty, should be furnished with transportation in kind by the Quartermaster's Department, in accordance with War Department Circular No. 8, of 1897, but whether the requests for trans- portation addressed to the railroad companies should be issued by the officers of the Quartermaster's Department exclusively is to be determined by the Secretary of War. (Id., 590.) 328. MILITARY LAWS OF THE UNITED STATES. ton, on January 7, 1794, recommended to Congress that the office of Purveyor of Public Supplies be created and charged " with the duties of receiving, safe-keep- ing, and distributing the public supplies." The office thus recommended was established by the act of February 23, 1795 (1 Stat.419), and continued to exist until May 31, 1812, when, its duties having been transferred to the several de- partments of the staff, it was abolished. (Sec. 9, act of Mar. 28, 1812, 2 id., 696.) The Ordnance Department, eo nomine, was established by the act of May 14, 1812 (id., 732), and was to consist of one Commissary General of Ordnance, an assistant commissary general, four deputy commissaries, and as many assistant deputy commissaries, not exceeding eight, as the President might deem necessary. The Commissary General of Ordnance was to have the rank and pay of colonel, the assistant commissary general that of lieutenant colonel, the deputy commis- saries that of major, and the assistant deputy commissaries that of captain. By the act of February 8, 1815 (3 id., 203), the department was reorganized, its duties were defined, and its strength fixed at one colonel, one lieutenant colonel, two majors, ten captains, ten first lieutenants, and as many enlisted men, to serve as armorers, blacksmiths, wheelwrights, artificers, etc., as the Secretary of War might deem necessary ; by the same enactment the supervision of the sev- eral armories, magazines, and arsenals was vested in the Ordnance Department. By section 4 of the act of March 2, 1821 (3 id., 283), the Ordnance Department was merged in the artillery, one captain being added to each regiment of artil- lery for ordnance duty. Although the department ceased to exist, for the time, as a separate establishment, the duties pertaining to the ordnance service seem to have continued to be performed by officers of artillery detailed for the pur- pose. By the act of April 5, 1830 (4 id., 504), the Ordnance Department was reconstituted, with the following commissioned strength: One colonel, one lieutenant colonel, two majors, ten captains, with the pay and allowances of artillery officers of corresponding grades, and as many enlisted men as might be required, not to exceed 250. By section 2 of the act of April 5, 1830, the grade of ordnance sergeant was established, the number authorized to be appointed be- ing restricted to one for each military post. By section 13 of the act of July 5, 1838 (5 id., 256), the President was authorized to add two majors to the depart- ment "when he may deem it expedient to increase the same;" he was also authorized to transfer ten first lieutenants and ten second lieutenants to the de- partment from the artillery; by the act of July 7, 1838 (id., 308), the number of lieutenants thus authorized to be transferred was reduced to twelve. The act of July 5, 1838, placed officers of ordnance on the same footing in respect to pay and allowances as officers of dragoons. By section 16 of the act of March 3, 1847 (9 id., 184), the President was authorized to add to the department, under the conditions set forth in the statute last cited, two captains and six first lieu- tenants. By section 3 of the act of August 3, 1861 (12 id., 287), a chief of ord- nance, with the rank and pay of Quartermaster General (brigadier general), one colonel, one lieutenant colonel, and six second lieutenants were added to the establishment. By section 4 of the act of March 3, 1863 (id., 743), one lieuten- ant colonel, two majors, eight captains, and eight first lieutenants were added ; the appointments to be made by promotion " as far as the present Ordnance Corps will permit, and the residue to be appointed by transfer from other regi- ments and corps of the Army;" by this statute examinations were required in ajl grades below that of field officer as a condition precedent to promotion. By section 21 of the act of July 28, 1866 (14 id., 335), the peace strength of the department was fixed at one brigadier-general, three colonels, four lieu- tenant-colonels, ten majors, twenty captains, sixteen first lieutenants, and ten second lieutenants ; sixteen ordnance storekeepers were also added to the establishment. Section 6 of the act of March 3, 1869 (15 id., 318), contained the requirement that there should be no promotions or appointments in the sev- eral staff corps until otherwise directed by law; but this restriction was re- moved as to the Ordnance Department by the act of June 23, 1874 (18 id., 244), which reorganized the department with an authorized strength of one brigadier- general, three colonels, four lieutenant-colonels, ten majors, twenty captains, and sixteen first lieutenants, and provided that all vacancies in the grade of first lieutenant should be filled by transfer from the line of the Army, subject to; the ..examination therein prescribed. The examination for promotion, first required by the act of March 3, 1863, was extended in its scope by the act of June 23, 1874, so as to require that " no appointment or promotion in said department , shall hereafter be made until the officer so appointed or promoted shall have passed a satisfactory examination before a board of ordnance officers sinior to himself." By the act of July 7, 1898 (30 Stat. 720), the composition MILITARY LAWS OF THE UNITED STATES. 329 of the Ordnance Department was fixed at one brigadier-general, four colonels, five lieutenant-colonels, twelve majors, twenty-four captains, and twenty first lieutenants. By section 23 of the act of February 2, 1901 (31 Stat. 754). the strength of the Ordnance Department was fixed at one chief of ordnance with the rank of brigadier-general, four colonels, six lieutenant-colonels, twelve majors, twenty- four captains, and twenty-four first lieutenants, together with the enlisted men, including ordnance-sergeants, already authorized by law. A system of details was also provided by the operation of which the permanent commissioned per- sonnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Ordnance Department. By act of June 25, 1906 (34 Stat. 455), the strength of the Ordnance Depart- ment was fixed at one Chief of Ordnance with the rank of brigadier-general, six colonels, nine lieutenant-colonels, nineteen majors, twenty-five captains; twenty-five first lieutenants ; and the enlisted men authorized by the existing law, and it was provided that details thereto may be made from the Arniy at large " from the grade in which the vacancy exists or from the grade below," sub- ject to the limitations prescribed therein. And by the act of March 3, 1909 (35 Stat. 751) the rank of officers serving by detail in the Ordnance Department in their respective grades was refer reft to the " dates of their rank under the original detail in said grades." CHAPTER XXII. THE SIGNAL CORPS. Par. Organization 879 Same increase 880 Chief of telegraph and cipher bureau 881 Appropriation for support 882 Moneys from sales to replace supplies. 885 Appointments; promotions; details. 884- 889 Examinations 884 Promotions ; seniority 885 Same 886 Details 887 Same 888 Aviation details 889 Enlisted force 890-893 Composition 890 Par. Enlisted force Continued. Same increase 891 Same increase in war time 892 Signal Office 893-895 Chief Signal Officer duties 893 Same regulations 894 Skilled draftsmen, etc 895 Military telegraph lines 896-900 Construction; repair, operation.. 896 In Alaska; commercial business. 897 Receipts 898 Betterments 899 Willful injury, etc. penalty 900 Property returns 901 879. Organization. The Signal Corps shall consist of one Chief Signal Officer with the rank of brigadier-general, one colonel, one lieutenant-colonel, four majors, fourteen captains, fourteen first lieu- tenants, 1 eighty first-class sergeants, one hundred and twenty ser- geants, one hundred and fifty corporals, two hundred and fifty first- class privates, one hundred and fifty second-class privates, and ten cooks. Sec. 24, Act of Feb. 2, 1901 (31 Stat. 764). 880. Same Increase. There shall be added to the Signal Corps of the Army, as now authorized by law, one lieutenant-colonel, two majors, four captains, and four first lieutenants. Act of Mar. , 1903 (32 Stat. 932}. 881. Chief of telegraph and cypher bureau. That the President be, and is hereby, authorized to appoint, by and with the advice and consent of the Senate, an officer of the Signal Corps as chief of the telegraph and cipher bureau of the Executive Office, who shall have, while so serving, the rank, pay, and allowances of a major. 2 Id. Section 24 of the act of February 2, 1901 (31 Stat. 754), contains a proviso to the effect that " vacancies created or caused by this section shall be filled by promotion of officers of the Signal Corps according to seniority, as now pro- vided by law. Vacancies remaining after such promotions may be filled by appointment of persons who have served in the Volunteer Signal Corps since April twenty-first, eighteen hundred and ninety-eight." 3 But one officer was ever appointed to this office, and on his retirement the office was allowed to lapse. 331 332 MILITAEY LAWS OF THE UNITED STATES. 882. Appropriations for support. On and after July first, eight- een hundred and ninety-one, the appropriations for the support of the Signal Corps of the Army shall be made with those of other staff corps of the Army. Sec 9, Act of Oct. 1, 1890 (26 Stat. 653) . 883. Moneys from sales to replace supplies and equipment. Here- after all moneys arising from the disposition of serviceable Signal Corps supplies and equipment, authorized by law and regulations, shall constitute one fund on the books of the Treasury Department and be available during the fiscal year in which their disposition was effected and the year following, for the replacement of Signal Corps supplies and equipment. Act of Apr. 27, 1914 (38 Stat. 361). APPOINTMENTS; PROMOTIONS; DETAILS. 884. Examinations. All appointments and promotions in the Sig nal Corps * * * shall be made after examination and approval under sections twelve hundred and six and twelve hundred and seven of the Revised Statutes, which are hereby amended so as to be applicable to and to provide for the promotion of the lieutenants of the Signal Corps in the same manner as they now apply to the Corps of Engineers and the Ordnance Corps. 1 Sec. 7, Act of Oct. 1, 1890 (26 Stat. 653). 885. Promotions Seniority. So long as there remain any officers holding permanent appointments in the * * * Signal Corps, including those appointed to original vacancies in the grades of captain and first lieutenant as provided in sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which the officers so promoted shall hold their appointments. Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755). 886. Same. The vacancies thus created or caused shall be filled first by the promotion of officers of the Signal Corps, according to seniority, and thereafter by details from the line of the Army. 2 Act of Mar. 2, 1903 (32 Stat. 932). 887. Details. When any vacancy, except that of the chief of the department or corps, shall occur which can not be filled by promo- tion as provided in this section, it shall be filled by detail from the line of the Army. 8 Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755). 1 TMs clause regulates the promotion, after examination, of officers holding permanent appointments in the Signal Corps. 'The clause relating to the transfer of officers of the line to the Signal Corps was repealed by the act of February 2, 1901. Appointments to original vacancies created or caused by that enactment are governed by the requirements : of section 24 of said act of February 2, 1901. * See paragraph 884. MILITARY LAWS OF THE UNITED STATES. 333 888. Same. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the Presi- dent may from time to time prescribe. Id. 889. Aviation details. From and after the passage and approval of this Act the pay and allowances that are now or may be here- after fixed by law for officers of the Regular Army shall be in- creased thirty-five per centum for such officers as are now or may be hereafter detailed by the Secretary of War on aviation duty: Pro- vided, That this increase of pay and allowances shall be given to such officers only as are actual flyers of heavier than air craft, and while so detailed : Provided further, That no more than thirty officers shall be detailed to the aviation service: Provided further, That paragraph two of section twenty -six of an Act of Congress approved February second, nineteen hundred and one, entitled "An Act to increase the efficiency of the permanent military establishment of the United States," shall not limit the tour of detail to aviation duty of officers below the grade of lieutenant colonel: Provided further, That nothing in this provision shall be construed to increase the total number of officers now in the Regular Army. Act of Mar. 2, 1913 (37 Stat. 705). ENLISTED FORCE. 890. Composition. Tno Signal Corps shall consist of * * * eighty first- class sergeants, 1 one hundred and twenty sergeants, one hundred and fifty corporals, two hundred and fifty first-class pri- vates, one hundred and fifty second-class privates, and ten cooks. Sec. 24, Act of Feb. 2, 1901 (31 Stat. 754). 891. Same Increase. Hereafter second-class privates of the Sig- nal Corps shall be designated as privates, with the same pay and alowances as now allowed by law to second-class privates. Fifty first-class sergeants may be temporarily added to the Signal Corps for service in the Philippine Islands and Alaska; such additional force, or part thereof, to be continued only as long as in the opinion of the Secretary of War (or the President) it may be necessary for the efficiency of the Army. Act of June 30, 1902 (32 Stat. 509). 892. Same Increased in war time. In time of war there shall be added to the Signal Corps of the Army ten corporals and one hun- *The Army appropriation act of April 23, 1904 (33 Stat. 261), made provision for an increase of the enlisted men of the Signal Corps; and the current ap- propriation act (act of Mar. 2, 1913, 37 Stat. 707), provides for a further in- crease the number authorized being as follows: " Forty-two master signal electricians, at $900 each ; 135 first-class sergeants, at $540 each; 144 sergeants, at $36 per month each; 24 cooks, at $30 per month each: 150 corporals, at $24 per month each; 552 first-class privates, at $18 per month each ; 168 privates, at $15 per month each." Provision is also made for additional pay to 12 sergeants serving as mess sergeants, at $6 per month each, and for additional pay for length of service. 334 MILITARY LAWS OF THE UNITED STATES. dred first-class privates, who shall have the pay and allowances of engineer troops of the same grade. Sec. 3, Act of Apr. 26 1898 (SO Stat.365). SIGNAL OFFICE. 893. Chief Signal Officer Duties. -The Chief Signal Officer shall have charge, under the direction of the Secretary of War, of all military signal duties, and of books, papers, and devices connected therewith, including telegraph and telephone apparatus and the necessary meteorological instruments for use on target ranges, and other military uses; the construction, repair, and operation of mili- tary telegraph lines, and the duty of collecting and transmitting information for the Army by telegraph or otherwise, and all other duties usually pertaining to military signaling; and the operations of said corps shall be confined to strictly military matters. 1 Sec. #, Act of Oct. 1, 1890 (26 Stat. 653). 894. Same Regulations. The Chief Signal Officer, subject to the approval of the Secretary of War, is hereby authorized and directed to draw up and enforce in his Bureau a system of rules and regula- tions for the government of the Signal Bureau, and of all persons in said Bureau, and for the safe-keeping and preservation of all Sig- nal Service property of every kind, and to direct and prescribe the kind, number, and form of all returns and reports, and to enforce compliance therewith. Act of Oct. 1%, 1888 (25 Stat. 552). 895. Skilled draftsmen^ etc. The services of skilled draftsmen and such other services as the Secretary of War may deem necessary may be employed only in the Signal Office to carry into effect the various appropriations for fortifications and other works of defense, to be paid from such appropriations, in addition to the foregoing employees appropriated for in the Signal Office : Provided, That * * * the Secretary of War shall each year in the annual estimates, report to Congress the number of persons so employed, their duties, and the amount paid to each. 2 Act of Mar. ^ 1913 (37 Stat. 764). *The act of October 1, 1890 (26 Stat. 653), contained the requirement that " the civilian duties now performed by the Signal Corps of the Army shall here- after devolve upon a bureau to be known as the Weather Bureau, which, on and after July first, eighteen hundred and ninety-one, shall be established in and attached to the Department of Agriculture, and the Signal Corps of the Army shall remain a part of the Military Establishment under the direction of the Secretary of War, and all estimates for its support shall be included with other estimates for the support of the Military Establishment." Section 4 of this enactment, which authorized the detail of officers of the Signal Corps in the Weather Bureau of the Department of Agriculture, was repealed by joint resolu- tion No. 57, of July 8, 1898 (30 Stat. 752). This enactment finally severed the statutory connection of this corps with the Weather Bureau. a This provision has appeared annually in the legislative, executive, and judicial appropriation act. MILITARY LAWS OF THE UNITED STATES. 335 MILITARY TELEGRAPH LINES. 896. Construction Repair Operation. The Chief Signal Officer shall have charge, under the direction of the Secretary of War, of * * * the construction, repair, and operation of all military tele- graph lines. 1 Sec. 8, Act of Oct. 1, 1890 (26 Stat. 653). 897. In Alaska Commercial business. For the purpose of con- necting headquarters, Department of Alaska, at Saint Michael, by military telegraph and cable lines with other military stations in Alaska, four hundred and fifty thousand five hundred and fifty dol- lars: Provided, That commercial business may be done over these military lines under such conditions as may be deemed, by the Secre- tary of War, equitable and in the public interests, all receipts from such commercial business shall -be accounted for and paid into the Treasury of the United States, and that the sum hereby appropri- ated shall be immediately available : Provided further. That no tele- graph or cable lines owned or operated or controlled by persons not citizens of the United States, or by any foreign corporation or gov- ernment, shall be established in or permitted to enter Alaska. Act of May 26, 1900 (31 Stat. 206). 898. Receipts. After the first day of July, eighteen hundred and eighty-three, all moneys received for the transmission of private dis- patches over any and all telegraph lines owned or operated by the United States shall be paid into the Treasury of the United States, as required by section thirty-six hundred and seventeen of the Ke- vised Statutes; and all acts or parts of acts inconsistent herewith are hereby repealed. 2 Act of Mar. 3, 1883 (22 Stat. 616) . 899. Betterments. That of the receipts of the Washington-Alaska Military Cable and Telegraph System that have been covered into the Treasury of the United States, the sum of one hundred and ninety thousand dollars be, and the same is hereby, made available until expended for defraying the cost of such extensions and better- ments of the system as may be approved by the Secretary of War, the extent of such extensions and the cost thereof to be reported to "The act of October 1, 1890 (26 Stat. 653), which places the Chief Signal Officer in charge of " the construction, repair, and operation of military tele- graph lines," repealed the act of August 7, 1882 (22 Stat. 319), which vested the supervision of the construction and operation of military telegraph lines in department commanders. 2 The act of March 3, 1875, contained a provision authorizing the Secretary of War "to pay the expenses of operating and keeping in repair the said tele- graph lines out of any money received for dispatches sent over said lines; any balance remaining after the payment of such expenses to be covered into the Treasury as a miscellaneous receipt; the money received in any one fiscal year to be used only in payment for the expenses of that year. And a full report of the receipts and expenditures in connection with the said telegraph lines shall be made quarterly to the Secretary of War, through the Chief Signal Officer. And the Chief Signal Officer shall have the charge and control of said lines of telegraph in the construction, repair, and operation of the same." 336 MILITABY LAWS OF THE UNITED STATES. Congress by the Secretary of War: Provided further, That here- after detailed estimates shall be submitted to Congress for any fur- ther extension of the cable or telegraph lines in the district of Alaska. Act of Mar. 2, 1907 (34 Stat. 1159). 900. Willful injury, etc. Penalty. Whoever shall willfully or maliciously injure or destroy any of the works, property, or material of any telegraph, telephone, or cable line, or system, operated or controlled by the United States, whether constructed or in process of construction, or shall willfully or maliciously interfere in any way with the working or use of any such line, or system, or shall willfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such line, or system, shall be fined not more than one thousand dollars, or imprisoned not more than three years, or both. Sec. 60, Act of Mar. Jf, 1909, Criminal Code (35 Stat. 1099). 901. Property returns. From and after the passage of this act, every officer of the Signal Corps, every noncommissioned officer or private of the Signal Corps, and all other officers, agents, or persons who now have in possession, or may hereafter receive or may be intrusted with any stores or supplies, shall, quarterly or more often, if so directed, and in such manner and on such forms as may be prescribed by the Chief Signal Officer, make true and correct returns to the Chief Signal Officer of all Signal Service property and all other supplies and stores of every kind received by or intrusted to them and each of them, or which may, in any manner, come into their and each of their possession or charge. Act of Oct. 12, 1888 (25 Stat. 552). HISTORICAL NOTE. The office of Signal Officer of the Army, with the rank of major of cavalry, was established by the act of June 21, 1860 (12 Stat. 66). By section 17 of the act of March 3, 1863 (id., 753), a signal corps was created to consist of a Chief Signal Officer with the rank of colonel, one lieutenant colonel, two majors who were to be inspectors, and, for each army corps or military department, one captain and as many lieutenants, not exceeding eight, as the President might deem necessary. The officers thus provided for were to receive the mounted pay of their grades, and were to continue in service during the pend- ency of the existing rebellion. For each officer authorized by the act of March 3, 1863, one sergeant and six privates were to be detailed from the volunteer armies, who were to receive the pay and allowances of enlisted men of engi- neers. Eligibility for appointment and detail were to be determined, in part, by prior faithful service in the acting signal corps, and were conditioned in all cases, upon the successful passage of a preliminary examination. A permanent signal corps was added to the military establishment by section 22 of the act of July 28, 1866 (12 Stat. 335) (which was embodied in the Re- vised Statutes as sections 1165, 1166, and 1167). It was to consist of a Chief Signal Officer, with the rank of colonel of cavalry, and of six officers of the line, detailed for signal duty, and one hundred enlisted men, detailed from the battalion of engineers ; these details were to be conditioned upon the successful passage of a preliminary examination, and the officers, while so detailed, were lo receive mounted pay. By the act of March 3, 1871 (16 id., 520), certain duties in connection with the observation and report of storms were assigned to the department. By the act of June 18, 1878 (20 id., 146), the number of MILITARY LAWS OF THE UNITED STATES. 337 enlisted men, hitherto fixed by Executive regulation, was established at four hundred and fifty, and by the act of June 20, 1878 (id., 219), the enlisted force or the department was fixed at one hundred and ftfty sergeants, thirty corporals, and two hundred and seventy privates, who were to receive the pay and allow- ances of enlistee, men of corresponding grades in the battalion of engineers. By this enactment extra-duty pay was prohibited, and the commissioned force of the department was increased by the annual appointment of two second lieu- tenants, who were to be selected from the grade of sergeant. By the act of June 16, 1880 (21 id., 267), the rank of brigadier general was conferred upon the Chief Signal Officer, and the number of privates was increased to three hundred and twenty; by the act of August 4, 1886 (24 id., 247), the number of second lieutenants was limited to sixteen, the school of instruction at Fort Myer, Va., was abolished, and the Secretary of War was authorized to detail five commissioned officers of the Army for signal duty, this number to be in addition to the second lieutenants already authorized by law ; this requirement was repeated in the acts of October 2, 1888 (26 id., 537), and March 2, 1889 (id., 969), by which enactments the namber of second lieutenants was reduced to fourteen. By the act of October 1, 1890 (26 Stat. 653), the Weather Service was trans- ferred to the Department of Agriculture and the strength of the Signal Corps was established at one Chief Signal Officer (brigadier general), one major, four captains, and four first lieutenants mounted, and fifty sergeants who were to have the pay and allowances of hospital stewards. The second lieutenants not selected for appointment as first lieutenants were to be transferred to the line of the Army. By the act of August 6, 1894, the department was reorganized, the reorganization to take effect upon the occurrence of a vacancy in the office of Chief Signal Officer, when the corps was to consist of one colonel, one lieu- tenant colonel, one major, three captains, and three first lieutenants; by the act of March 2, 1897 (29 id., 611), the promotions provided for in the act of August 6, 1894. were authorized to be made. By section 2 of the act of May 18, 1898 (30 id., 417), and joint resolution No. 53, of July 8, 1898 (id., 749), a volunteer Signal Corps was authorized, to consist of one colonel, one lieutenant colonel, one major, as disbursing officer, and such other officers and men as might be required, not exceeding one lieutenant colonel for each army corps, and two captains, two first lieutenants, five first-class sergeants, ten sergeants, ten corporals, and thirty first-class privates to each organized division of troops, a certain proportion of whom were to be skilled electricians or telegraph oper- tors. By section 24 of the act of February 2, 1901 (31 Stat. 754), the permanent strength of the Signal Corps was fixed at one Chief Signal Officer with the rank of brigadier general, one colonel, one lieutenant colonel, four majors, fourteen captains, fourteen first lieutenants, eighty first-class sergeants, one hundred and twenty sergeants, one hundred and fifty corporals, two hundred and fifty first- class privates, one hundred and fifty second-class privates, and ten cooks; and a system of detail was estabJished by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacan- cies occur, by officers detailed from the line of the Army for duty in the Signal Department. By act of March 2, 1903 (32 Stat. 932), there was added to the commissioned force one lieutenant colonel, two majors, four captains, and four first lieutenants, and the* enlisted force has been increased as stated in note to paragraph 880, ante. 48985 15 22 CHAPTER XXIII. CHAPLAINS. Par. Appointment 902-904 Appointment 902 Additional appointments 903 One for Corps of Engineers. . . 904 Qualifications 905-907 Qualifications 905 Same 906 Same 907 Rank and status 908-913- Rank and status 908 Promotion.. . 909 Par Rank and status Continued. Designation 910 Effect of act 911 Assignment 912 Transfers and transportation 913 Duties 914-917 Duties 914 Same instruction 915 Same reports 916 Facilities for duties... .917 CHAPLAINS. 902. Appointment. The President is authorized to appoint, by and with the advice and consent of the Senate, chaplains in the Army, at the rates of one for each regiment of cavalry and infantry in the United States service, and twelve for the corps of artillery, with the rank, pay, and allowances of captains of infantry. 1 Sec. 12, Act of Feb. 2, 1901 (31 Stat. 750). 903. Same. In addition to the chaplains now authorized for the Artillery Corps the President is authorized to appoint, by and with the advice and consent of the Senate, and subject to the laws govern- ing appointment of chaplains in the Army, one chaplain for each regiment of field artillery and two for the coast artillery, with the rank, pay, and allowances now authorized by law for chaplains in the Army. Sec. 12, Act of Jan. 25, 1907 (34 Stat. 864). 904. Same. In addition to the number of chaplains now author- ized by law 2 there shall hereafter be one for the Corps of Engineers. Act of June 12, 1906 (34 Stat. 256). QUALIFICATIONS. 905. Qualifications. No person shall be appointed as regimental or post chaplain until he shall have furnished proof that he is a regularly ordained minister of some religious denomination, in good standing at the time of his appointment, together with a recommendation for 1 Section 1121, R. S., reads as follows : " The President may, by and with the advice and consent of the Senate, appoint a chaplain for each regiment of col- ored troops and 30 post chaplains " 2 The act of February 2, 1901 (31 Stat 758), which authorized the organiza- tion of one provisional regiment of infantry for service in Porto Rico, provided that the regiment should be organized as to numbers as authorized for infantry regiments of the Regular Army. Consequently this regiment has one chaplain. 339 340 MILITARY LAWS OF THE UNITED STATES. such appointment from some authorized ecclesiastical body, or from not less than five accredited ministers of said denomination. Sec. 1123, R. S. 906. Same. No person in civil life shall hereafter be appointed a * * * chaplain until he shall have passed satisfactorily such examination as to his mental, moral, and physical qualifications as may be prescribed by the President: * * Provided further, That in case of the appointment of an officer who has served in a similar capacity during the War with Spain and has demonstrated his moral, mental, and physical qualifications for the position, then such examination shall not be required. Sec. 7, Act of Mar. 2, 1899 (30 Stat.979}. 907. Same. No person shall be appointed a chaplain in the Regu- lar Army who shall have passed the age of forty years, nor until he shall have established his fitness as required by existing law. Sec. 12, Act of Feb. 2, 1901 (31 Staf. 750}. 908. Rank and status. Chaplains shall have the rank of captains of infantry, without command, and shall be on the same footing with other officers of the Army, as to tenure of office, retirement, and pensions. Sec. 1122, R. S. 909. Promotion.- -The President may, from time to time, select from among the chaplains of the Army any chaplains having not less than ten years' service, in the grade of captain, who shall have been commended as worthy of special distinction for exceptional efficiency by the regimental or district commanders with whose com- mands they may be serving as chaplains, approved through regular military channels, and may, with the advice and consent of the Sen- ate, promote such regimental or artillery chaplains to be chaplains with the grade, pay, and allowances of major; every such promo- tion being made with a view to active service until the statutory age for the compulsory relinquishment thereof, except in cases of physical disability incurred in the line of duty : Provided, That the total number in active service so promoted shall not at any time exceed fifteen, and that the remaining chaplains shall have the grade, pay and allowances of captain, mounted, after they shall have completed seven years of service: And provided further, That all persons who may hereafter be appointed as chaplains shall have the grade, pay, and allowances of first lieutenant, mounted, until they shall have completed seven years of service. Sec. 1, Act of Apr. 21, 190 % (33 Stat.226}. 910. Designation. All officers provided for in this Act shall have a uniform designation in official address as chaplains of their respec- tive regiments or of the Artillery Corps. Sec. 2, id. 911. Effect of act. Nothing in this Act shall be construed as depriving any chaplain of his commission in the Army, or as inter- MILITARY LAWS OF THE UNITED STATES. 341 fering with existing law pertaining to regimental and corps assign- ments or transfers, and that nothing herein contained shall be held or construed to increase the number of chaplains, as now authorized by law, or to reduce the grade of any now serving. Sec. 3, id. 912. Assignments. The office of post chaplain is hereby abolished, and the officers holding commissions as chaplains, or who may here- after become chaplains, shall be assigned to regiments or to the corps of artillery. Sec. 12, Act of Feb. 2, 1901 (31 Stat. 750). 913. Transfers and transportation. Chaplains may be assigned to such stations as the Secretary of War shall direct, and they may be transferred, as chaplains, from one branch of the service or from one regiment to another, by the Secretary of War, without further com- mission. When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quartermaster's Depart- ment. Id. DUTIES. 914. Duties. All regimental chaplains and post chaplains shall, when it may be practicable, hold appropriate religious services, for the benefit of the commands to which they may be assigned to duty, at least once on each Sunday, and shall perform appropriate religious burial services at the burial of officers and soldiers who may die in such commands. Sec. 1125, R. S. 915. Same Instruction. The duty of chaplains of regiments of colored troops and of post chaplains shall include the instruction of the enlisted men in the common English branches of education. 1 Sec. 1124, R. S. 916. Same Reports. Post and regimental chaplains shall make monthly reports to the Adjutant-General of the Army, through the usual military channels, of the moral condition and general history of the regiments or posts to which they may be attached. Sec. 1126, R.S. 917. Facilities for duties. It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facilities as may aid them in the performance of their duties. Sec. 1127, R. S. HISTORICAL NOTE. The office of chaplain existed in the Revolutionary armies, as is indicated by the requirement of section 1, article 4, of the Rules and Articles of War of 1776, which provides a penalty for the nonperformance of the duties appro- priate to the office. The act of March 3, 1791 (1 Stat. 222), authorized the appointment of a chaplain in case the President might " deem such appointment 1 For statutory provisions respecting post schools, see the article relating to military posts in the chapter entitled Public Property. The detail of officers at post schools, and the regulations governing the courses of instruction therein, are announced in orders from the War Department. For the duties and assign- ments of chaplains, see paragraphs 43^16, Army Regulations of 1913. 342 MILITARY LAWS OF THE UNITED STATES. necessary to the public interest." As the act contemplated a brigade organiza- tion, it would appear that the office thus conditionally created was that of a brigade rather than a regimental chaplain. The inclusion of the chaplain in the "general staff," in section 7 of the act of March 5, 1792 (id., 242), and March 3, 1795 (id., 430), would also seem to indicate the correctness of this view. No provision was made for the services of chaplains in the enact- ments respecting the Militia of May 2, 1792 (id., 264), and May, 8, 1792 (id., 267), nor in the militia act of January 21, 1903 (32 Stat. 775.) The office of chaplain was discontinued on October 1, 1796, in conformity to the requirements of the act of May 30, 1796 (id., 483), "to ascertain and fix the military establishment of the United States." The acts authorizing the creation of a provisional army, approved May 28, 1798 (id., 561), made no pro- vision for the services or compensation of chaplains, but this omission was sup- plied by a provision for four chaplains in the act of July 16, 1798 (id., 604), who were to be attached to the general staff, and were to receive the pay and allowances of majors. No provision was made for these officers, however, in the act of March 3, 1799 (id., 749). By the acts of February 2, 1800 (2 id., 7), and May 14, 1800 (id., 85), the operation of the foregoing enactments was sus- pended, and the act of March 16, 1802 (id., 133), contained no provision for chaplains, or for the procurement of religious services at military posts. The act of April 12, 1808 (2 Stat. 481, sec. 7), passed in contemplation of war with England, authorized the appointment of brigade chaplains, and similar provision was made in section 24 of the act of February 6, 1812 (id., 671), which conferred upon these officers the pay and ^allowances of majors of infantry, and this last-named provision was repeated in section 16 of the act of January 20, 1813 (id., 791). The acts of March 3, 1815 (3 Stat. 224) : April 24, 1816 (id., 297) ; April 14, 1818 (id., 420) ; April 20, 1818 (id., 460) ; March 2, 1821 (id., 615), to reduce and fix the military peace establishment, made no provision for these officers which then ceased to exist. The office of post chaplain was established by section 18 of an act of July 5, 1838 (5 Stat. 259), appointments thereto being vested in the councils of admin- istration of the several military posts. The chaplains were to act as post schoolmasters, and their compensation was to be fixed by the post councils, with the approval of the Secretary of War, but was in no case to exceed forty dollars per month, with four rations per day and an established allowance of fuel and quarters. The number of chaplain posts was fixed at twenty by the act of July 7, 1838 (id., 308), which were to be designated by the Secretary of War, and were to be " confined to places most destitute of instruction." By section 3 of the act of March 2, 1849 (9 id., 351), ten additional chaplains were authorized, and by section 2 of the act of February 21, 1857 (11 Stat. 163), the monthly pay proper of chaplains was increased to a sum not exceed- ing sixty dollars, subject to the approval of the post council of administration. For each of the regiments of volunteers authorized to be raised for the War with Mexico a chaplain was authorized, and power was conferred upon the President to order the existing post chaplains to the theater of active opera- tions, and, in the event of their refusal to obey such order, their offices were to be declared vacant by the Adjutant-General of the Army; section 7 act of February 11, 1847 (9 Stat. 124). During the Civil War a chaplain was au- thorized for each regiment of volunteers, who was to have the pay and allow- ances of a captain of cavalry; section 9, act of July 22, 1861 (12 Stat. 270). By section 7 of the act of August 3, 1861 (id., 2SS), none but ministers of some Christian denomination were to be eligible for appointment. By section 2 of the act of May 30, 1862 (id., 404), the President was authorized to appoint a chaplain for each general hospital; by the act of July 17, 1862 (id., 594), their pay and allowances were fixed and the qualifications for the office were estab- lished. Rank without command was conferred by the act of April 9, 1864 (13 id., 46), in which enactment their duties were still further defined. By section 31 of the act of July 28, 1866 (14 id., 337), the existing force was recognized and continued, and one chaplain was authorized for each regiment of colored troops established, " whose duty shall include the instruction of the enlisted men in the common English branches of education ;" by section 7 of the act of March 2, 1867 (id., 423), the rank of captain of infantry, without command, was conferred, and chaplains were placed upon the same footing in respect to pay, allowances, and emoluments as other officers of the Army. By section 12 of the act of February 2, 1901 (31 Stat. 750), the distinction between post and regimental chaplains was abolished and chaplains were thereafter required to be assigned to regiments of the line or to stations occupied by the troops of the corps of artillery. CHAPTER COMMISSIONED OFFICERS. Par. Appointments 918-926 Grade of second lieutenant 918 Same noncommissioned officers 919 Enlisted men 92& Same examination board 921 Same order of merit 922 Same certificate of eligibility . . 923 Same vacating certificate 924 Commissions to be under depart- ment seal 925 To be in arm of service 926 Promotions 927-933 Seniority 927 Same 928 Examination 929-930 Same appointees from civil life. 931 Same waiver 932 Same absence of officer 933 Assignment and transfer 934-938^ Transfers from line to staff 934 Assignments and transfers 935 Details to the staff 936 Limitation detailed officer 937 Same extension 938 Same limitation extended to field officers 938$ Details 939-949 Details to foreign Government. . 939 Details as Indian agents 940 Details to the Philippine Con- stabulary 941 Details to colleges, active officers 942 Same increase of number 943 Same 944 Retired officers under section 1225, Revised Statutes 945 Same 946 Same 947 Retired officers under section 1260, Revised Statutes 948 Pay from institution 949 Act of Nov. 3, 1893, not to limit detail... . 950 Par. Issues of ordnance to colleges 951-955 Ordnance and ordnance stores to colleges 951 Same 952 Same 953 Same obsolete stores 954 Ammunition, targets, etc 955 Other details for retired officers. 956-961 Soldiers' Home 956 Militia 957 Various details 958 Adjutant general of District Mili- tia. 959 Territorial office 960 Time of war 961 Retirement 962-975 Forty years' service ; thirty years' service 962 Forty-five years of service; 62 years of age 963 Forty years' service; 64 years of age 964 Unlimited retired list 965 Limited number 966 Transfers from limited to unlim- ited list 967 Disability 968 Special advancement in grade . . . 969 Same 970 Commissions to be given 971 General officers 972 Head of a staff department 973 Limitation to retired pay above grade of major 974 Pay and allowances on active duty 975 Retiring boards 976-998 Composition 976 Oath of members 977 Powers and duties 978 Findings 979 Revision by the President 980 343 344 MILITARY LAWS OF THE UNITED STATES. Retiring boards Continued. Par. Disability incident to the serv- ice 981 Disability not incident to the service 982 Officer entitled to a hearing 983 To be retired on rank at date of retirement 984 Officers retired, wounds received in action 985 Status 986 Vacancies caused by retirement. 987 Rights and liabilities 988 Clerks to retired officers prohib- ited... . 989 Retiring boards Continued. Par. Holding two offices by person re- ceiving $2,500 forbidden; re- tired officers excepted 990 Restoration of dismissed officer. . 991 Dropped for desertion 992 Same amendment 993 Right to demand trial 994 Accepting or holding civil office . 995 Prohibited duties 996 Accepting diplomatic or consular office 997 Supernumerary officers may re- quest discharge 998 APPOINTMENTS. 918. Grade of second lieutenant. Vacancies in the grade of second lieutentant occurring in any fiscal year shall be filled by appoint- ment in the following order, namely: First, of cadets graduated from the United States Military Academy during that fiscal year; 1 second, of enlisted men whose fitness for promotion shall have been determined by competitive examination ; 2 third, of candidates from civil life between the ages of twenty-one and twenty-seven years. 3 The President is authorized to make rules and regulations to carry these provisions into effect. Act of Mar. 3, 1911 (36 Stat. 1045). 919. Same Promotion of noncommissioned officers. Noncommis- sioned officers may, under regulations established by the Secre- tary of War, be examined by a board of four officers, as to their qualifications for the duties of commissioned officers in the line of the Army, and shall be eligible for appointment as second lieutenants in any corps of the line for which they may be found so qualified. If there be no vacancy in such corps, any noncommissioned officer so found qualified for a commission therein may be attached to it by the President as a supernumerary officer, by brevet of second lieu- tenant, subject to the provisions of section twelve hundred and fifteen. Sec. 1214, R. S. 920. Same Of enlisted men. The President is hereby authorized to prescribe a system of examination of enlisted men of the Army, by such boards as may be established by him, to determine their *As to the appointment of cadets see paragraphs 1154 and 1155, post; and as to the limitations and appointment of cadets who never graduated see para- graphs 1162 and 1164, post. As to appointment as second lieutenants of Engi- neers see paragraphs 784 and 786, ante. As to appointments in the Medical Corps see paragraph 732, ante. 2 As to regulations governing the appointment of enlisted men see paragraphs 27 to 33, A. R., 1913. See also the next five paragraphs. 'As to regulations governing the appointment of candidates from civil life see paragraphs 34-37, A. R., 1913. MILITARY LAWS OF THE UNITED STATES. 345 fitness for promotion to the grade of second lieutenant: Provided, That all unmarried soldiers under thirty years of age, who are citi- zens of the United States, are physically sound, who have served honorably not less than two years in the Army, and who have borne a good moral character before and after enlistment, may compete for promotion under any system authorized by this act. Act of July 30, 1892 (27 Stat. 336}. 921. Examination board. The members and recorder of such boards as may be established by the President, under the provisions of the preceding section, shall be sworn in every case to discharge their duties honestly and faithfully; and the boards may examine witnesses and take depositions, for which purposes they shall have such powers of a court of inquiry as may be necessary. Sec. 2, id. 922. Filling vacancies. The vacancies in the grade of second lieu- tenant heretofore filled by the promotion of meritorious noncom- missioned officers of the Army, under the provisions of section three of the act approved June eighteenth, eighteen hundred and seventy- eight, shall be filled by the appointment of competitors favorably recommended under this act, in the order of merit established by the final examination. Sec. 3, id. 923. Certificates of eligibility. Each man who passes the final examination shall receive a certificate of eligibility, setting forth the subjects in which he is proficient and the especial grounds upon which the recommendation is based: Provided, That not more than two examinations shall be accorded to the same competitor. Sec. 3* id. 924. Same Vacation of. All rights and privileges arising from a certificate of eligibility may be vacated by sentence of a court- martial, but no soldier, while holding the privileges of a certificate, shall be brought before a garrison or regimental court-martial or summary court. 1 Sec. 4, id. 925. Commissions Execution of. Hereafter the commissions of all officers under the direction and control of the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of Agriculture shall be made out and recorded in the respective Departments under which they are to serve, and the De- partment seal affixed thereto, any laws to the contrary notwithstand- ing: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. 2 Act of Mar. 28, 1896 (29 Stat. 75) . 1 Garrison and regimental courts-martial have been abolished and their juris- diction transferred to the special courts-martial provided for by the act of March 2, 1913 (37 Stat. 722). See pages 614-616. a A commission, whatever its form, is but evidence of the fact that the Presi- dent has exercised his constitutional power of appointment; there is no pro- vision of law requiring a specified form of commission to be issued to officers in the military service. (O'Shea v. U. S., 28 Ct. Cls., 392.) 346 MILITARY LAWS OF THE UNITED STATES. 926. Appointments. Hereafter all appointments in the line of the Army shall be by commission in an arm of the service and not by commission in any particular regiment. 1 Sec. 2, Act of Oct. 1^ 1890 (26 Stat. 562). PROMOTIONS. 927. Seniority. Hereafter promotions to every grade in the Army below the rank of brigadier-general, throughout each arm, corps, or department of the service, shall, subject to the examination here- inafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department. 2 Sec. 1, id. 928. Same. Hereafter all vacancies occurring in the cavalry, artil- lery, and infantry above the grade of second lieutenant shall, subject to the examination now required by law, be filled by promotion ac- cording to seniority from the next lower grade in each arm. 3 Sec. 2, Act of Apr. 26, 1893 (30 Stat. 364). *An appointment or commission, in order to take effect at all, must be ac- cepted ; but when accepted, it takes effect as of and from its date, i. e., the date on which it is completed by the signature of the appointing power, or that as and from which it purports in terms to be operative. (Dig. Opin. J. A. G., 1912, p. 801, 6a and 7a. See also Marbury v. Madison, 1 Cranch, 137 ; U. S. v. Bradley, 10 Pet, 304 ; U. S. v. Le Baron, 19 How., 78 ; Montgomery v. U. S., 5 Ct. Cls., 97. See also chapter entitled " The Executive.") The power of the President to fill a vacancy in the Army during a recess of the Senate may be exercised by a letter from the Secretary of War, and such a letter may constitute his commission, there being no law which prescribes the form of a military commission. (O'Shea v. U. S., 28 Ct. Cls., 392.) Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice and consent of the Senate. (Collins v. U. S., 14 Ct. Cls. 22 ; Dig. Opin. J. A. G., 150. ) An officer of the Army or Navy of the United States does not hold his office by contract, but at the will of the sovereign power. (Crenshaw v. U. S., 134 U. S., 98.) For statutory provisions respecting appointments to the lowest grades in the several staff corps see the chapters so entitled. So much of section 1218, Revised Statutes, as amended by the act of May 13, 1884 (23 Stat. 21), as requires that "No person who held a commission in the Army or Navy of the United States at the beginning of the late rebellion, and afterwards served in any capacity in the military, naval, or civil service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion, shall be appointed to any position in the Army or Navy of the United States," was repealed by the act of March 31, 1896 (29 Stat. 235.) For statutory provisions regulating the appointment of officers of volunteers to the Army, see section 28 of the act of February 2, 1901 (31 Stat. 755), 1101. 8 The act of October 1, 1890 (26 Stat. 562), contained the requirement that all officers above the grade of second lieutenant in the line of the Army should, " subject to such examination, be entitled to promotion in accordance with ex- isting laws and regulations." The effect of this provision was to continue the operation of the rule of regimental promotion in respect to all officers of the line above the grade of second lieutenant. The rule of lineal promotion was made general in its apllication by section 2 of the act of April 26. 1898 (30 Stat. 364). Seniority of rank alone, in the military service, gives no right to pro- motion. Physical, mental, and moral fitness are required. (Steinrnetz v. U. S., 33 Ct. Cls., 404.) The act of October, 1890, did not make it obligatory upon the President to promote the senior officer to a vacancy existing in the next higher grade if the record of the officer, in his opinion, had been such as to indicate that he was disqualified for promotion. (30 Opin. Atty. Gen., 177.) 8 Appointment and promotion of commissioned officers. Notices of appoint- ments and promotions are Issued by the War Department, through the Adjutant- General of the Army. (Par. 21, A. R. 1913.) MILITARY LAWS OF THE UNITED STATES. 347 HISTORICAL NOTE. The rule of promotion in the line of the Army, as stated in paragraph 22 of the Regulations of 1889, required that " promotions to the rank of captain will be made regimentally, to major, lieutenant colonel, and colonel, according to arm of service." This rule, which was replaced by the act of October 1. 1890 (par. 1271, supra), had its origin in an order of the Secretary of War, dated May 26, 1801, which declared that " promotions to the rank of captain shall be made regimentally, and to the rank of major and lieutenant colonel in the lines of the artillery and infantry, respectively." This order was supplemented by another, issued on May 7, 1808, making the above rule for promotion in the infantry and artillery applicable to the cavalry and riflemen. The earliest Congressional action on the subject of promotion in the Army is contained in the fifth section of the act of June 26, 1812 (2 Stat. 764), which provided that thereafter " the promotion shall be made through the lines of artillerists, light artillery, dragoons, riflemen, and infantry, respectively, ac- cording to established rule." The rule therein referred to is that which was established by the Executive order as above stated, and the effect of the statute was to give the order a legislative Sanction. Subsequently, by section 12 of the act of March 30, 1814 (3 Stat. 113), it was provided "that from and after the passage of this act promotions may be made through the whole Army in its several lines of light artillery, light dragoons, artillery, infantry, and riflemen, respectively." Since the enactment of this last provision, which continued in force down to the revision of the statutes, promotions to the rank of captain have uniformly been made regimentally, so that the construction given thereto, In practice, has been that it made no change or modification of the previously existing rules. According to this construction (which was acted upon for about sixty years) the act of 1814, while it contemplated that promotions should be made in the several lines or arms through the whole Army, and that officers should be promoted only in their respective lines or arms, did not prescribe how promotions within the lines or arms should be made, whether regimentally or lineally. As thus understood and the language of the act is susceptible of that interpretation there was no conflict between it and the rule adverted to. Section 1204, Revised Statutes, contains substantially a reenactment of the provision above quoted from the act of 1814. When embodying that provision in the Revised Statutes, it is reasonable to presume that Congress was familiar with the construction which had been placed thereon, and so long acted upon by the executive department, and that if it had been the intention of that body to introduce a different rule on the subject of promotion, different phraseology would have been chosen to signify such design. By adopting the language of the previous statute the fair inference is that its construction was acquiesced in, and that no change in the law of promotion was intended. (17 Opin. Atty. Gen., 65. See also paragraph 987, post.) 929. Examination. On and after the passage of this Act, every line officer on the active list below the grade of colonel who has lost in lineal rank through the system of regimental promotion in force prior to October first, eighteen hundred and ninety, may, in the discretion of the President, and subject to examination for promotion as pre- scribed by law, be advanced to higher grades in his arm up to and including the grade of colonel, in accordance with the rank he would have been entitled to hold had promotion been lineal throughout his arm or corps since the date of his entry into the arm or corps to which he permanently belongs: Provided, That officers advanced to higher grades under the provisions of this Act shall be additional Appointment to the grade of general officer is made by selection from the Army. (Par. 22, Id.) Promotions in established staff corps and departments to include the grade of colonel will be made by seniority, subject to the examinations required by law. (Par. 24, Id.) 348 MILITARY LAWS OF THE UNITED STATES. officers in those grades: Provided further, That nothing in this Act shall operate to interfere with or retard the promotion to which any officer would be entitled under existing law: And provided further, That the officers advanced to higher grades under this Act shall be junior to the officers who now rank them under existing law, when these officers have reached the same grade. Act of Mar. 3, 1911 (36 Stat. 1058). 930. Examination. That the President be, and he is hereby, au- thorized to prescribe a system of examination of all officers of the Army below the rank of major to determine their fitness for promo- tion, such an examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interests of the service : Provided, That the President may waive the examina- tion for promotion to any grade in the case of any officer who in pur- suance of existing law has passed a satisfactory examination for such grade prior to the passage of this act: And provided, That if any officer fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said examination, shall receive the promotion : And provided, That should the officer fail in his physical examination, and be found incapacitated for service by reason of physical disability contracted in line of duty he shall be retired with the rank to which his seniority entitled him to be promoted ; but if he should fail for any other reason he shall be sus- pended from promotion for one year, when he shall be reexamined, and in case of failure on such reexamination he shall be honorably discharged with one year's pay from the Army. 1 Sec. 3, Act of Oct. 1, 1890 (26 Stat. 562). 931. Same Appointees from civil life. The examination of officers appointed in the Army from civil life, or of officers who were officers of volunteers only, or were officers of the militia of the several States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps, during the war of the rebellion, shall be conducted by boards composed entirely of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination shall relate to fitness for practical service and not to technical and scientific knowledge; and in case of failure of any such officer in the reexamination hereinbefore provided for, he shall 1 For the statutes governing the subject of examinations of medical officers see paragraphs 735-6, ante. Joint Resolution No. 48, of June 14, 1898 (30 Stat. 747), contains the require- ment " that during the existing war the President may, in his discretion, waive the one-year suspension from promotion and forthwith order the reexamination provided in certain cases by the third proviso of section three of the act ap- proved October first, eighteen hundred and ninety, entitled 'An act to provide for the examination of certain officers of the Army and to regulate promotions therein." MILITARY LAWS OF THE UNITED STATES. 349 be placed upon the retired list of the Army ; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for. 1 Sec. 3, id. 932. Same Waiver. Officers entitled by this section to examina- tion by a board composed entirely of officers who were appointed from civil life, or who were officers of volunteers only during the war. may, by written waiver filed with the War Department, relinquish such right, in which case the examination of such officers shall be conducted by boards composed as shall be directed by the Secretary of War. 2 Sec. 1, Act of July 27, 1892 (27 Stat. 276} . 933. Same Absence of officer. When the exigencies of the service of any officer who would be entitled to promotion upon examination require him to remain absent from any place where an examining board could be convened, the President is hereby authorized to pro- mote such officer, subject to examination, and the examination shall take place as soon thereafter as practicable. If upon examination the officer be found disqualified for promotion, he shall, upon the approval of the proceedings by the Secretary of War, be treated in the same manner as if he had been examined prior to promotion. Sec. 32, Act of Feb. 2, 1901 (31 Stat. 756}. ASSIGNMENTS TO REGIMENTS, TRANSFERS, AND DETAILS TO THE STAFF. 934. Transfers to the jtaff. Officers may be transferred from the line to the staff of the Army without prejudice to their rank or pro- motion in the line; but no officer shall hold, at the same time, an appointment in the line and an appointment in the staff which con- fer equal rank in the Army. When any officer so transferred has, in virtue of seniority, obtained or become entitled to a grade of his regiment equal to the grade of his commission in the staff, he shall vacate either his commission in the line or his commission in the staff. Sec. 1205, R. S. 1 Under the act of October 1, 1890, the finding of the board of examination that the officer is incapacitated for duty is not per se final, but must be reported for the action of the Secretary of War and passed upon by him. Where the finding and report of the board have been approved but not yet executed by actual retirement, there may intervene contingencies which would supersede such proceeding, as the trial and dismissal of the officer by court-martial, or the arising of new causes which might make proper that the question of his dis- ability be inquired into by a retiring board convened under Sec. 1246, Re- vised Statutes. But unless some such new occasion and ground of disqualifica- tion be presented the action of the Secretary of War in approving the report remains final and exhaustive, and the officer is entitled to be retired under the act of 1890, and can not legally be ordered before such retiring board. (Dig. Opin. J. A. G., 1912, p. 988 b (2).) The privilege of retirement which an officer has " with the rank to which his seniority entitled him to be promoted," given by the act of October 1, 1890 (26 Stat. 502), is limited to cases where the officer failed in his physical exami- nation only. (Steinmetz v. U. S., 33 Ct. Cls., 404.) 'This refers to section 3 of the act of October 1, 1890 (26 Stat. 562), which is amended. 350 MILITARY LAWS OF THE UNITED STATES. 935. Assignments and transfers. Officers of [all] grades in each arm of the service shall be assigned to regiments, and transferred from one regiment to another, as the interests of the service may require, by orders from the War Department. 1 Sec. 2, Act of Oct. /, 1890 (26 Stat. 562). 936. Details to the staff. When any vacancy, except that of the chief of the department, shall occur (in the Adjutant-General's Department, the Inspector-General's Department, the Quartermas- ter's Department, the Subsistence Department, the Pay Department, the Ordnance Department, and the Signal Corps) which can not be filled by promotion as provided in this section, it shall be filled by de- tail from the line of the Army, and no more permanent appointments shall be made in those departments or corps after the original vacancies created by this act shall have been filled. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may, from time to time, prescribe. All officers so detailed shall serve for a period of four years, at the expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they shall have served two years with the line. 2 Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755). 937. Same. On and after December fifteenth, nineteen hundred and twelve, in time of peace whenever any officer holding a perma- nent commission in the line of the Army with rank below that of major shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company, of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such troop, battery, or company, for duty of any kind ; and all pay and allowances shall be forfeited by any superior for any period during which, by his order, or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or per- mitted to remain detached in violation of any of the terms of this proviso; but nothing in this proviso shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the troop, battery, or company, to which he shall belong in that branch in which he shall hold a permanent commission, nor shall anything 1 See Article 8, A. R., 1913. Vacancies in the grade of second lieutenant in the Engineer Corps can not be filled by transfers of officers from other branches of the Army. (Bulletin 18, W. D., June 7, 1913.) 2 For statutory regulations respecting details to the staff see the title Details to the Staff, in the chapter entitled The Staff Departments. The Quartermaster's, Subsistence, and Pay Departments of the Army were consolidated into the Quartermaster Corps by section 3 of the act of August 24, 1912 (37 Stat. 591). See paragraph 495. MILITARY LAWS OF THE UNITED STATES. 351 in this proviso be held to apply to the detachment or detail of officers for duty in the Judge Advocate General's Department or in the Ordnance Department, or in connection with the construction of the Panama Canal until after such canal shall have been formally opened, cr in the Philippine Constabulary until the first day of January, nineteen hundred and fourteen, or to any officer detailed, or who may be hereafter detailed, for aviation duty. And hereafter no officer holding a permanent commission in the Army with rank below that of major shall be detailed as assistant to the Chief of the Bureau of Insular Affairs with rank of colonel, or as commanding officer of the Porto Rico Regiment of Infantry, or as chief or assistant chief (Di- rector or Assistant Director) of the Philippine Constabulary, and no other officers of the Army shalL hereafter be detailed for duty with the said Constabulary except as specifically provided by law. Act of Aug. 24, 1912 (37 Stats. 571, 645). 938. Same. Hereafter, in determining the eligibility, under the provisions of the Act of Congress approved August twenty- fourth, nineteen hundred and twelve, of troop, battery, or company officers for detail as officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually per- formed by any such officer with troops prior to December fifteenth, nineteen hundred and twelve, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a battery, com- pany, or troop: Provided further, That regimental, battalion, and squadron quartermasters and commissaries shall hereafter be re- quired to perform the duties of officers of the Quartermaster Corps, including the receipting for any money or property pertaining to said corps, when no officer of the Quartermaster Corps is present for such duties, and nothing contained in the Army appropriation Act approved August twenty-fourth, nineteen hundred and twelve, shall hereafter be held or construed so as to prevent competent authority from requiring any officers of the Army to act temporarily as quarter- masters wherever there shall be no officers of the Quartermaster Corps and no regimental, battalion, or squadron quartermasters or com- missaries present for such duty. Act of Mar. 2, 1913 (37 Stat. 706.) 938J. Same Limitation extended to -field officers. That after Sep- tember first, nineteen hundred and fourteen, in time of peace, when- ever any officer holding a permanent commission in the line of the Army, with rank of colonel, lieutenant colonel, or major, shall not have been actually present for duty for at least two years of the last preceding six years with a command composed of not less than two troops, batteries, or companies of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such command for duty of any kind except as hereinafter specifically provided; and all pay and 352 MILITARY LAWS OF THE UNITED STATES. allowances shall be forfeited by any superior for any period during which, by his order or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this Act; but nothing in this Act shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the organization or com- mand to which he shall belong in that branch in which he shall hold a permanent commission; nor shall anything in this Act be held to apply to the detachment or detail of officers for duty in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in connection with the Alaska Road Commission or the Alaska Railroad or the Bureau of Insular Affairs ; and nothing in this Act shall prevent the redetail of officers above the grade of major to fill vacancies in the various staff corps and departments as provided for by section twenty-six of the Act of Congress approved February second, nineteen hundred and one: Provided further, That whenever the service record of any field officer is to be ascertained for the purposes of this Act, all duty actually performed by him during the last preceding six years, in a grade below that of major, in connection with any statutory organiza- tion of that branch of the Army in which he shall hold a permanent commission, or as a staff officer of any coast-defense or coast-artillery district, shall be credited to him as actual presence for duty with a command composed as hereinbefore prescribed: And provided fur- ther, That temporary duty of any kind hereafter performed Avith United States troops in the field for a period or periods the aggregate of which shall not exceed sixty days in any one calendar year, and duty hereafter performed in command of United States army mine planter by an officer assigned to a company from which this detach- ment is drawn, and duty hereafter performed in command of a machine-gun platoon or a machine-gun unit, by any officer who, before assignment to such duty, shall have been regularly assigned to, and shall have entered upon duty with, an organization or a com- mand the detachment of certain officers from which is prohibited by the Act of Congress approved August twenty-fourth, nineteen hun- dred and twelve, or by this Act, shall, for the purposes of said Acts, hereafter be counted as actual presence for duty with such organiza- tion or command. Act of Apr. 27, 1914 (38 Stat. 357). DETAILS. 939. Details to foreign Governments. The consent of Congress is hereby granted to the acceptance by officers of the army, in the dis- cretion of the President, of such military details under the Govern- MILITARY LAWS OF THE UNITED STATES. 353 ments of Cuba and Panama as may be requested by the Presidents of these Republics : Provided, That such details shall not exceed five in number: And provided further^ That no officer so detailed shall receive any present, emolument, office, or title of any kind whatever from the Government of Cuba or Panama. 1 Act of Apr. 19, 1910 (36 Stat. 324). 940. Detailed as Indian agents. That from and after the passage of this act the President shall detail officers of the United States Army to act as Indian agents at all agencies where vacancies from any cause may hereafter occur, who, while acting as such agents, shall be under the orders and direction of the Secretary of the In- terior, except at agencies where, in the opinion of the President, the public service would be better-promoted by the appointment of a civilian. 2 Act of July 13, 1892 (27 Stat. 120). 941. Miscellaneous provisions respecting commissioned officers. Officers of the Army of the United States may be detailed for service as chief and assistant chiefs, the said assistant chiefs not to exceed in number four, of the Philippine constabulary, and that during the continuance of such details the officer serving as chief shall have the rank, pay, and allowances of brigadier-general, and the officers serv- ing as assistant chiefs shall have the rank, pay, and allowances oi colonel: Provided, That the difference between the pay and allow- ances of brigadier-general and colonel, as herein provided, and the pay and allowances of the officers so detailed in the grades from which they are detailed shall be paid out of the Philippine treasury. Sec. 1, Act of Jan. 30, 1903 (32 Stat. 783). 942. Active officers. The President may, upon the applicati6n of any established college or university within the United States, hav- ing capacity to educate, at the same time, not less than one hundred and fifty male students, detail an officer of the Army to act as presi- dent, superintendent, or professor thereof ; but the number of officers so detailed shall not exceed (twenty) (thirty) at any time, and they 1 Special details are sometimes made under authority of Congress. As an instance of such authorization the following joint resolution is quoted : " That Captain John W. Gulick, Coast Artillery Corps, United States Army, be, and he is hereby, permitted to accept from the Government of the Republic of Chile the position of instructor of the Coast Artillery of the Chilean Army and the emoluments, rights, and privileges pertaining thereto." (Joint resolu- tion, May 11, 1912, 37 Stat, 1346.) The authority for the detail of military attache's is derived from appropria- tion acts, which allow certain funds for such purposes. 2 See, for other provisions of law respecting the detail of officers as Indian agents, the chapter entitled The Indians Indian Agents The Indian Coun- try. For other enactments authorizing the employment of officers on the active list on civil or nonmilitary duty, see sections 4653, 4664, and 4671, Revised Statutes, authorizing the detail of officers on light-house duty; the act of July 31, 1882 (22 Stat. 181), authorizing the detail of an officer for duty in con- nection with Indian education; section 5 of the act of August 1, 1890 (26 id., 337), authorizing the detail of an officer as a member of the Chickamauga Park Commission. 48985 15 23 354 MILITARY LAWS OF THE UNITED STATES. shall be apportioned throughout the United States, as nearly as may be practicable, according to population. Officers so detailed shall be governed by general rules prescribed, from time to time, by the President. The Secretary of War is authorized to issue at his dis- cretion and under proper regulations to be prescribed by him, out of any small arms or pieces of field artillery belonging to the Gov- ernment and which can be spared for that purpose, such number of the same as may appear to be required for military instruction and practice, by the students of any college or university under the pro- visions of this section; and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe- keeping thereof, and for the return of the same when required. 1 Sec. m5, R. s. 943. From the active list. The President may, upon the appli- cation of any established military institute, seminary or academy, college or university within the United States, having capacity to educate at the same time not less than one hundred and fifty male students, detail an officer of the Army or Navy to act as superin- tendent or professor thereof; but the number of officers so detailed shall not exceed [fifty] * from the Army and ten from the Navy, being a maximum of sixty at any time, and they shall be apportioned throughout the United States, first, to those State institutions ap- plying for such detail that are required to provide instruction in military tactics under the provisions of the act of Congress of July second, eighteen hundred and sixty- two, donating lands for the establishment of colleges where the leading object shall be the prac- tical instruction of the industrial classes in agriculture and the mechanic arts, including military tactics ; and after that, said details to be distributed, as nearly as may be practicable, according to population. 2 Act of Sept. %6, 1888 (25 Stat. 491). 944. Same Number of officers increased. Section twelve hundred and twenty-five of the Revised Statutes, concerning details of offi- cers of the Army and Navy to educational institutions, is hereby 1 The first act authorizing the detail of officers at colleges was that of July 28, 1866 (14 Stat. 336), which authorized 20 for detail to established colleges or universities capable of educating at one time not less than 150 male students. The number detailed was to be apportioned throughout the United States according to population, and the detail was as president, superintendent, or professor. The act of May 4, 1870 (16 Stat. 373), authorized the Secretary of War to issue to colleges where Army officers were detailed such small arms or pieces of field artillery as could be spared. The number of officers detailed was increased from 20 to 30 by the act of July 5, 1876 (19 Stat. 74) ; to 40 by the act of July 5, 1884 (23 Stat. 108). These acts were consolidated and placed in the Revised Statutes, section 1225, given above. The number was changed from 50 for the Army and 10 for the Navy, by act of September 26, 1888 (25 Stat. 491), to 75 for the Army and a total of 85 for the Army and Navy, by act of January 13, 1891 (26 Stat. 716), and to 100 for the Army, and a total of 110 for the Army and Navy, by act of November 3, 1893 (28 Stat. 7). As to the detail of retired officers to duty with colleges, see the following paragraphs 942-50. See also paymasters' manual, pages 133, 134. 3 See paragraph 947, post, for amendment. MILITARY LAWS OF THE UNITED STATES. 355 amended so as to permit the President to detail under the provisions of said act not to exceed one hundred officers of the Army of the United States; and no officer shall be thus detailed who has not had five years' service in the Army, and no detail to such duty shall extend for more than four years, and officers on the retired list of the Army may upon their own application be detailed to such duty and when so detailed shall receive the full pay of their rank, and the maximum number of officers of the Army and Navy to be detailed at any one time under the provisions of the act approved January thirteenth, eighteen hundred and ninety-one, amending section twelve hundred and twenty-five of the Revised Statutes as amended by an act approved September twenty-sixth, eighteen hundred and eighty- eight, is hereby increased to one-hundred and ten. Act of Nov. 3, 1893 (28 Stat. 7). 945. Details from the retired list. Section twelve hundred and twenty-five of the Revised Statutes, concerning the detail of officers of the Army and Navy to educational institutions, be, and the same is hereby, amended so as to permit the President to detail under the provisions of that act, and in addition to the detail of the officers of the Army and Navy now authorized to be detailed under the existing provisions of said act, such retired officers of the Army and Navy of the United States as in his judgment may be required for that purpose, to act as instructors in military drill and tactics in schools in the United States, where such instruction shall have been authorized by the educational authorities thereof, and where the services of such instructors shall have been applied for by said authorities. No detail shall be made under this act to any school unless it shall pay the cost of commutation of quarters of the retired officers detailed thereto and the extra-duty pay to which the latter may be entitled by law to receive for the performance of special duty: Provided, That no detail shall be made under the provisions of this act unless the officers to be detailed are willing to accept such posi- tion without compensation from the Government other than their retired pay. 1 Act of Feb. 26, 1901 (31 Stat. 810}. 946. Details from the retired list. Section twelve hundred and twenty-five of the Revised Statutes, concerning the detail of officers of the Army and Navy to educational institutions, is hereby, amend- ed so as to permit the President to detail under the provisions of that Act, and in addition to the details of the officers of the Army and Navy now authorized to be detailed under the existing pro- visions of said Act, such retired officers and noncommissioned officers of the Army and Navy of the United States as in his judgment may be required for that purpose to act as instructors in military drill 1 See paragraph 946, post, for amendment. 356 MILITARY LAWS OF THE UNITED STATES. and tactics in schools in the United States and Territories where such instructions shall have been authorized by the educational au- thorities thereof, and where the services of such instructors shall have been applied for by said authorities. No detail shall be made under this Act to any school unless it shall pay the cost of commuta- tion of quarters of the retired officers or noncommissioned officers de- tailed thereto and the extra-duty pay to which they may be entitled by law to receive for the performance of special duty: Provided, That no detail shall be made under the provisions of this Act unless the officers and noncommissioned officers to be detailed are willing to accept such position: Provided further, That they shall receive no compensation from the Government other than their retired pay. Act of Apr. 21, 1904 (33 Stat. 225}. 947. Details to colleges. That the Act approved November third, eighteen hundred and ninety-three, authorizing the detail 'of officers of the Army and Navy to educational institutions, be amended so as to provide that retired officers, when so detailed, shall receive the full pay and allowances of their rank, except that the limitations on the pay of officers of the Army above the grade of major as provided in the Acts of March second, nineteen hundred and five, and June twelfth, nineteen hundred and six, shall remain in force. 1 Act of Mar. 3, 1909 (35 Stat. 738). 948. Detail as professor in a college. Any retired officer may, on his own application, be detailed to serve as professor in any college. But while so serving, such officer shall be allowed no additional com- pensation. 2 Sec. 1260, R. S. 949. Detail of retired officers. Upon the application of any college, university, or institution of learning incorporated under the laws of any State within the United States, having capacity at the same time to educate not less than one hundred and fifty male students, the President may detail an officer of the Army on the retired list to act as president, superintendent, or professor thereof; and such officer may receive from the institution to which he may be detailed the difference between his retired and full pay, and shall not receive any additional pay or allowance from the United States. 3 Act of May 4,1880 (21 Stat. 113). 950. Detail of retired officers to colleges not limited. Nothing in the act entitled "An act to increase the number of officers of the Army to be detailed to colleges, approved November third, eighteen 1 This paragraph amends paragraph 944 and reaffirms paragraphs 974 and 975. 2 See Monthly Army List and Directory as to officers detailed under permis- sion of sections 1225 and 1260, R. S., as amended. See also Manual for the Pay Department, pages 134-135. 3 Officers of the Army on the retired list who, upon their own application, are detailed to educational institutions in accordance with the provisions of the act of November 3, 1893 (28 Stat. 7), are entitled to the full pay of their rank. (4 Comp. Dec., 120.) MILITAKY LAWS OF THE UNITED STATES. 357 hundred and ninety-three, shall be so construed as to prevent, limit, or restrict the detail of retired officers of the Army at institutions of learning under the provisions of section twelve hundred and sixty, Revised Statutes, and the act making appropriations for the support of the Army, and so forth, approved May fourth, eighteen hundred and eighty, nor to forbid the issue of ordnance and ordnance stores, as provided in the act approved September twenty-sixth, eighteen hundred and eighty-eight, amending section twelve hundred and twenty-five, Revised Statutes, to the institutions at which retired officers may be so detailed ; and said act of November third, eighteen hundred and ninety-three, and said act of May fourth, eighteen hundred and eighty, shall not be construed to allow the full pay of their rank to retired officers- detailed under said section twelve hundred and sixty, Revised Statutes, and said act of May fourth, eighteen hundred and eighty. 1 Act of Aug. 6, 189 ^ (28 Stat. 235). ISSUES OF ORDNANCE. 951. Ordnance stores for colleges. The Secretary of War is au- thorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, such number of the same as may appear to be required for military in- struction and practice by the students of any college or university under the provisions of this section, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof, and for the return of the same when re- quired: Provided, That nothing in this act shall be so construed as to prevent the detail of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by act of Congress approved February twenty-sixth, eighteen hundred and eeventy-nine, entitled "An act to promote a knowledge of steam engineering and iron shipbuilding among the students of scientific schools or colleges in the United States ; " and the Secretary of War is hereby authorized to issue ordnance and ordnance stores belonging to the Government on the terms and conditions hereinbefore provided to any college or university at which a retired officer of the Army may be assigned as provided by section twelve hundred and sixty of the Revised Statutes. 1 Act of Sept. 26, 1888 (25 Stat. 491). 952. Same. The Secretary of War is authorized to issue at his discretion, and under proper regulations to be prescribed by him, 1 This statute replaces section 1225, Revised Statutes, as amended by the act of July 5, 1884, " saving always, however, all acts and things done under the said amended section as heetofore existing." The subject of issues of ordnance and ordnance stores to colleges are given at this place because Congress has incorporated its legislation in regard thereto with acts governing the detail of officers at such institutions. 358 MILITARY LAWS OF THE UNITED STATES. out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, upon the approval of the governors of the respective States, such number of the same as may be required for military instruction and practice by such school, and the Secretary shall require a bond in each case, for double the value of the property, for the care and safe keeping thereof, and for the return of the same when required. 1 Act of Feb. 26, 1901, (31 Stat. 810). 953. Issues of ordnance and ordnance stores. The Secretary of War is authorized to issue at his discretion, and under proper regu- lations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, upon the approval of the governors of the respective States and Territories, such number of the same as may be required for military instruction and practice by such school, and the Secretary shall require a bond in each case, for double the value of the prop- erty, for the care and safe-keeping thereof and for the return of the same when required. 2 Sec. 3, Act of Apr. 21, 1904 (3$ Stat. 226) . 954. Same. The Secretary of War is hereby authorized to issue, at his discretion and under proper regulations to be prescribed by him, without cost of transportation to the United States, such obso- lete ordnance and ordnance stores as may be available to State and Territorial educational institutions and to State soldiers and sailors orphans' homes, for purposes of drill and instruction. And the Secretary of War shall require from such institutions or homes a bond in each case in double the value of the property issued, for the care and safe-keeping thereof and for the return of the same to the United States when required : Provided, That the issues herein provided for shall be made only to institutions upon recommendation of the governors of States and Territories and shall not be made in any case to any educational institution to which issues of such stores are allowed to be made under provisions of existing law. 3 Act of June 30, 1906 (34 Stat. 817). 955. Same. Ammunition, targets, and other accessories for small- arms and machine-gun target practice and instruction; marksmen's medals, prize arms, and insignia for all arms of the service; and ammunition, targets, target material, and other accessories may be issued for small-arms target practice and instruction at the educa- tional institutions and state soliders' and sailors' orphans' homes, to which issues of small arms are lawfully made, under such regula- 1 Section 4 of the above enactment contained a clause giving immediate effect to the statute. For other statutes regulating the detail of retired officers at colleges see the paragraphs 945-950, ante. "This paragraph takes the place of paragraph 952. 1 See paragraphs 849, 850, and 953. MILITARY LAWS OF THE UNITED STATES. 359 tions as the Secretary of War may prescribe, provided the total value of the stores so issued to the educational institutions does not exceed thirty thousand dollars. 1 Act of Mar. 3, 1911 (36 Stat. 1057). 956. Assignment to duty at Soldiers' Home. Retired officers of the Army may be assigned to duty at the Soldiers' Home, upon a selec- tion by the commissioners of that institution, approved by the Secre- tary of War ; and a retired officer shall not be assignable to any other duty: Provided, That they receive from the Government only the pay and emoluments allowed by law to retired officers. 2 Sec. 1259, R.S. 957. Miscellaneous provisions. In addition to the detail of retired officers now authorized by law, it shall hereafter be lawful for the Secretary of War to detail, whenever in his judgment the public interests require it, not exceeding twenty retired officers for service in connection with the organized militia in the States or Territories, upon the request of the governor thereof, and such retired officers shall be entitled, while so employed, to receive the full pay and allow- ances of their respective grades. Act of Mar. 2, 1903 (32 Stat. 932). 958. Details for various duties. The Secretary of War may assign retired officers of the Army, with their consent, to active duty in recruiting, for service in connection with the organized militia in the several States and Territories upon the request of the governor thereof, as military attaches, upon courts-martial, courts of inquiry and boards, and to staff duties not involving service with troops; and such officers while so assigned shall receive the full pay and allowances of their respective grades. Act of Apr. 23, 190 % (33 Stat. 26 4). 959. Adjutant-General of District militia. The President of the United States may detail as Adjutant-General of the District of 1 See paragraphs 953 and 954. a A retired Army officer is not prohibited by law from holding office in an executive department, nor from receiving the salary thereof in addition to his retired pay. (Collins v. U. S., 15 Ct. Cls., 22; Meigs v. U. S., 19 Ct. Cls., 497.) A retired officer may be employed by the War Department. (Yates v. U. S., 25 Ct. Cls., 296.) See in this connection the act of July 31, 1894 (28 Stat. 205), which permits retired officers to hold office to which they have been elected by the people or appointed by the President with the advice and consent of the Senate. See also section 7 of the act of June 3, 1896 (29 Stat. 235), which contains the requirement " that section 2 of the act of July 31, 1894 (28 Stat. 205), shall not be so constructed as to prevent the employment of any retired officer of the Army OF Navy to do work under the direction of the Chief of Engineers of the United States Army in connection with the improvement of rivers and harbors of the United States, or the payment by the proper officer of the Treasury of any amounts agreed upon as compensation for such employ- ment." This provision operates to exempt from the terms of the act of July 31, 1894 (sec. 1763, R. S.), all retired officers of the Army or Navy who may be employed by the Engineer Department upon works of river and harbor improve- ment. A retired officer of the Army " holds a lucrative office," and so is ineligible, under the constitution of Texas, to hold civil office in that State. State v. De Gress, 53 Texas, 387. See, also, Hill v. Territory, 2 Wash., 147.) 360 MILITARY LAWS OF THE UNITED STATES. Columbia Militia any retired officer of the Army who may be nomi- nated to the President by the Brigadier-General commanding the District of Columbia Militia, said retired officer while so detailed to have the active service pay and allowances of his rank in the Regular Army. Act of June 6, 1900 (31 Stat. 671). 960. Ineligible for civil office in any Territory. No person belong- ing to the Army or Navy shall be elected to or hold any civil office or appointment 1 in any Territory, 2 except officers of the Army on the retired list. 3 Sec. 1860, R. 8. 961. Employment of retired officers in time of war. In time of war retired officers of the Army may, in the discretion of the President, be employed on active duty, other than in the command of troops, and when so employed they shall receive the full pay and allowances of their grades. Sec. 7, Act of Mar. 2, 1899 (30 Stat. 979). RETIREMENT OF OFFICERS. 4 962. Retirement upon officers own application after 40 years' serv- ice. When an officer has served forty consecutive years as a com- missioned officer, he shall, if he makes application therefor to the President, be retired from active service and placed upon the retired list. When an officer has been thirty years in the service, he may, upon his own application, in the discretion of the President, be so retired, and placed on the retired list. Sec. 121$, R. S. 1 A retired officer of the Army is not ineligible to hold an appointment to a civil office. (XIX Opin. Att. Gen., 283; XV id., 306; Meigs v. U. S., 19 Ct. Cls., 497 ; Converse v. U. S., 21 How., 464 ; U. S. v. Brindle, 110 U. S., 688 ; U. S. v. Saunders, 120 U. S., 126.) 2 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 Ter- ritory 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 pas- sage of local or special laws in the Territories of the United States, to limit territorial indebtedness, and for other purposes," approved July thirtieth, eight- een hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii. (Sec. 1, act of May 27, 1910, 36 Stat. 443.) 8 This provision amends section 5 of the act entitled "An act to provide a government for the Territory of Hawaii," approved April thirteen, nineteen hundred. * It is the practice of the War Department to carry on the unlimited list the following officers : First. Those retired on reaching 64 years of age. Second. Those retired on their own application after 40 years' service. Third. Those previously on the limited list who have reached the age of 64. Fourth. Those retired on approved findings of examination board for promo- tion. Officers placed on the retired list by special acts of Congress are carried on neither the limited nor unlimited lists. There is usually a provision in such acts extending the limited list for each individual case. Such officers are carried under the head of retired [under special acts of Congress]. (See pp. 580 and 581, Army Register for 1914.) By so doing the authorized number on the limited lists stands at 350 without reference to the number retired by special acts. MILITARY LAWS OF THE UNITED STATES. 361 963. Retirement at discretion of President after 45 years' 1 service, or at the age of 62. When any officer has served forty-five years as a commissioned officer, or is sixty-two years old, he may be retired from active service at the discretion of the President Sec. 1244, R- S. 964. The same; compulsory retirement at age 64. On and after the passage of this act when an officer has served forty years either as an officer or soldier in the regular or volunteer service, or both, he shall, if he make application therefor to the President, be retired from active service and placed on the retired list, and, when an officer is sixty-four years of age, he shall be retired from active service and placed on the retired list: Provided, further, That the General of the Army, when retired, shall be retired without reduc- tion in his current pay and allowances ; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for. Act of June 30, 1882 (22 Stat. 118). 965. Unlimited retired list. Nothing contained in the act making appropriations for the support of the Army for the fiscal year end- ing June thirtieth, eighteen hundred and eighty-three, approved June thirtieth, eighteen hundred and eighty-two, shall be so con- strued as to prevent, limit, or restrict retirements from active service in the Army, as authorized by law in force at the date of the approval of said act, retirements under the provisions of said act of June thirtieth, eighteen hundred and eighty-two, being in addition to those theretofore authorized by law. Act of Mar. 3, 1883 (22 Stat. 457). 966. Retired list. The whole number of officers of the Army on the retired list shall not at any time exceed three hundred and fifty, and yny less number to be allowed thereon may be fixed by the President in his discretion. 1 Sec. 1258, R. S., as amended ~by Act of Feb. 16, 1891 (26 Stat. 763}. 967. Transfer from limited to unlimited list. When officers who have been placed on the limited retired list as established by section seven, chapter two hundred and sixty-three, page one hundred and fifty, volume twenty, United States Statutes at Large, shall have attained the age of sixty-four years they shall be transferred from said limited retired list to the unlimited list of officers retired by operation of law because of having attained said age of sixty-four lr The limited retired list was established by section 16, of the act of August 3, 1861 (12 Stat. 289), which provided that the number of officers retired in ac- cordance with the authority conferred by the act should not, at any time, ex- ceed 7 per cent of the whole number of officers of the Army as fixed by law. By section 5, of the act of July 15, 1870 (16 Stat 317, sec. 1258, R. S.), the number of officers to be borne upon the retired list was to be determined by the President, in his discretion, but was not to exceed 300. By section 7, of the act of July 17, 1878 (20 Stat. 150), the number of retired officers was increased to 400. By the act of February 16, 1891 (26 Stat. 763), the number was re- duced and fixed at 350, the number now authorized by law. For statutes in relation to the retirement of officers found physically disqualified for promotion by boards of examination see paragraphs 930 and 931, ante. 362 MILITARY LAWS OF THE UNITED STATES. years. And the limited retired list shall hereafter consist of three - hundred and fifty instead of four hundred, as now fixed by law: Provided, That officers who have been placed on the retired list by special authority of Congress shall not form part of the limited retired list established by this act. Act of Feb. 16, 1891 (26 Stat. 763). 968. Retirement for disability. When any officer has become in- capable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided. 1 Sec. 1245, R. S. 969. Special advancement in grade. Any officer of the Army below the grkde of brigadier-general who served with credit as an officer or as an enlisted man in the regular or volunteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, other- wise than as a cadet, and whose name is borne on the official register of the Army, and who has heretofore been, or may hereafter be, retired on account of wounds or disability incident to the service, or on account of age or after forty years' service, may, in the discretion of the President, by and with the advice and consent of the Senate, be placed on the retired list of the Army with the rank and retired pay of one grade above that actually held by him at the time of retirement: Provided, That this Act shall not apply to any officer who received an advance of grade since the date of his retirement or who has been restored to the Army and placed on the retired list by virtue of the provisions of a special Act of Congress. Act of Apr. 23, 1904 (33 Stat. 264). 970. Same. Officers who served creditably in the regular or vol- unteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, and who now hold the rank of brigadier- general on the active list of the Army, having previously held that rank for three years or more, shall, when retired from active service, have the rank and retired pay of major-general. Act of Mar. 2, 1907 (34 Stat. 1163). 971. Same. Commissioned officers of the Army, Navy, and Marine Corps on the retired list whose rank has been or shall hereafter be advanced by operation of or in accordance with law shall be entitled to and shall receive commissions in accordance with such advanced rank. Act of Mar. 4, 1911 (36 Stat. 1354). 972. General officers. Hereafter no officer holding a rank above that of colonel shall be retired except for disability or on account of having reached the age of sixty-four years until he shall have served at least one year in such rank. 2 Act of June 12, 1906 (34 Stat. %45). 1 For the sections providing method of procedure see paragraph 982, post. a See paragraph 655, ante, as to section 7, Act of June 18, 1878 (20 Stat. 150), providing that volunteer service shall be counted in computing service for longevity pay and retirement. MILITARY LAWS OP THE UNITED STATES. 363 973. Head of a staff department. Any officer now holding office in any corps or department who shall hereafter serve as chief of a staff corps or department and shall subsequently be retired, shall be retired with the rank, pay, and allowances authorized by law for the retirement of such corps or department chief. Sec. 86, Act of Feb. 2,1901 (31 Stat.755). 974. Limitation to retired pay above grade of major. Retired officers of the Army above the grade of major, heretofore or here- after assigned to active duty, shall hereafter receive their full retired pay and shall receive no further pay or allowances from the United States. Act of Mar. 2, 1905 (33 Stat. 831). 975. Pay and allowances on active duty. A colonel or lieutenant- colonel heretofore or hereafter assigned to active duty shall hereafter receive the same pay and allowances as a retired major would receive under a like assignment. Act of June 12, 1906 (34 Stat. &45). RETIRING BOARDS. 976. Composition of retiring board. The Secretary of War, under the direction of the President, shall, from time to time, assemble an Army retiring board, consisting of not more than nine nor less than five officers, two-fifths of whom shall be selected from the Medical Corps. The board, excepting the officer selected from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the officer whose disability is inquired of. 1 Sec. 1%46, R- S. 977. Oath of members. The members of said board shall be sworn in every case to discharge their duties honestly and impartially. Sec. 1247, R. S. 978. Powers and duties. A retiring board may inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his office, and shall have such powers of a court-martial and of a court of inquiry as may be necessary for that purpose. Sec. 1248, R.S. 979. Findings. When the board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, has produced his incapacity, and whether such cause is an incident of service. Sec. 1%49, R. S. 980. Revision ~by the President. The proceedings and decision of the board shall be transmitted to the Secretary of War, and shall be laid by him before the President for his approval or disapproval and orders in the case. Sec. I860, R. S. 981. Disability incident to service. When a retiring board finds that an officer is incapacitated for active service, and that his inca- 1 For decisions upon questions arising in connection with retiring boards see Dig. Op. J. A. G., 983-991, edition of 1912. 364 MILITAKY LAWS OF THE UNITED STATES. pacity is the result of an incident of service, and such decision is ap- proved by the President, said officer shall be retired from active serv- ice and placed on the list of retired officers. Sec. 1251, R. S. 982. Disability not incident to service. When the board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, 1 the officer shall be retired from active service, or wholly retired from the service, as the President may de- termine. The names of officers wholly retired from the service shall be omitted from the Army Register. 2 Sec. 1252, R. S. 983. Officers entitled to a hearing. Except in cases where an officer may be retired by the President upon his own application, or by reason of his having served forty-five years, or of his being sixty- two years old, no officer shall be retired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it. 3 Sec. 1253, R. S. 984. To be retired on actual rank. Officers hereafter retired from active service shall be retired upon the actual rank held by them at the date of retirement. Sec. 1251f, R. S. 985. Officers retired on actual rank. That all officers of the Army who have been heretofore retired by reason of disability arising from wounds received in action shall be considered as retired upon the actual rank held by them, whether in the regular or volunteer service, at the time when such wound was received, and shall be borne on the retired list and receive pay hereafter accordingly; and this section shall be taken and construed to include those now borne on the retired list placed upon it on account of wounds re- ceived in action: Provided, That no part of the foregoing act shall 1 The finding of a retiring board, approved by the President, is conclusive as to the facts. The board finds the facts and the President approves or disap- proves the finding, but the law does not empower him to modify the finding or to substitute a different one. There is here a judicial power vested in the two, and not in the President acting singly, and when the power has once been fully exercised it is exhausted as to the case. (Dig. Opin. J. A. G., 987; U. S. v. Burchard, 125 U. S., 179 ; U. S. v. Miller, 19 Ct. Cls., 338. ) When the President has once acted upon the findings of a retiring board his power over the case is exhausted and his subsequent orders in respect to such officer are void for want of authority. (XIX Opin. Att. Gen., 202.) 2 To be " wholly retired," in accordance with the terms of this section, is to be put out of the Army and out of office. An officer wholly retired becomes a civilian, and can be readmitted to the service only by a new appointment. (Miller v. U. S., 19 Ct. Cls., 338.) * When the President approves and acts upon the report of a retiring board he thereby determines that the officer has had a full and fair hearing. (Miller v. U. S., 19 Ct. Cls., 338. But see XVI Att. Gen. Opin., 20.) An officer, on being wholly retired, becomes a civilian, and can be readmitted to the service only by a new appointment. But he can not be appointed at once to the retired list. A civilian can not be appointed as a retired officer. He must first be appointed an officer on the active list, of a certain rank. None but a commissioned officer on the active list of the Army can be placed on the retired list. (XIX Opin. Att. Gen., 202.) MILITARY LAWS OF THE UNITED STATES. 365 apply to those officers who had been in service as commissioned officers twenty-five years at the date of their retirement; nor to those retired officers who had lost an arm or leg, or has an arm or leg permanently disabled by reason of resection, on account of wounds, or both eyes by reason of wounds received in battle; and every such officer now borne on the retired list shall be continued thereon notwithstanding the provisions of section two chapter thirty- eight act of March thirty, eighteen hundred and sixty-eight; and be it also provided, that no retired officer shall be affected by this act, who has been retired or may hereafter be retired on the rank held by him at the time of his retirement. 1 Sec. 2, Act of Mar. 3, 1875 (18 Stat.512). 986. Status. Officers retired from active service shall be with- drawn from command and from the line of promotion. Sec. 1255, R.S. 987. Vacancies caused by retirement. When any officer in the line of promotion is retired from active service, the next officer in rank shall be promoted to his place, according to the established rules of the service; and the same rule of promotion shall be applied, suc- cessively, to the vacancies consequent upon such retirement. Sec. 1257, R. S. 988. Rights and liabilities. Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof. 2 See. 1256, R. S. 989. Clerks to retired officers prohibited. Hereafter no allowance or compensation for clerks or secretaries of officials of the United States retired from active service shall be authorized. Act of July 1, 1898 (30 Stat. 644) - 990. Holding two offices by persons receiving $2,500 forbidden. Retired officers excepted. No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially hereto- fore or hereafter specially authorized thereto by law; but this shall lr The act of March 3, 1875, should be construed to have a prospective effect only. (XIX Opin. Att. Gen., 610.) 2 A retired officer is subject to trial by court-martial, and a court-martial has jurisdiction of offenses committed after the officer was retired. (Runkle v. U. S., 19 Ct. Cls., 396.) An officer on the retired list, being as much a part of the Army as any officer on the active list, would be subject to trial by general court-martial inde- pendently of the provision, specifically so subjecting him, of section 1256, Revised Statutes. (Dig. Opin. J. A. G., par. 2200, edition 1901.) A retired officer, upon conviction, may be sentenced similarly to an officer on the active list, except that the punishments of suspension and loss of files or relative rank are not appropriate to the status of a retired officer. ( Id., note 2. ) 366 MILITARY LAWS OF THE UNITED STATES. not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office, by and with the advice and consent of the Senate. Sec. 2, Act of July 31, 1894 (%8 Stat. 205). 991. Restoration of dismissed officers. No officer of the Army who has been or may be dismissed from the service by the sentence of a general court-martial, formally approved by the proper review- ing authority, shall ever be restored to the military service, except by a reappointment confirmed by the Senate. 1 Sec. 1288, R. S. 992. Officers dropped for desertion. The President is authorized to drop from the rolls of the Army for desertion any officer who is absent from duty three months without leave; and no officer so dropped shall be eligible for reappointment. And no officer in the military or naval service shall in time of peace be dismissed from service except upon and in pursuance of the sentence of a court- martial to that effect, or in commutation thereof. 2 Sec. 12%9, R. S. 993. Same, amendment. That the President be, and he is hereby, authorized to drop from the rolls of the Army any officer who is absent from duty three months without leave, or who has been absent in confinement in a prison or penitentiary for more than three months after final conviction by a civil court of competent jurisdic- tion; and no officer so dropped shall be eligible for reappointment. 3 Act of Jan. 19, 1911 (36 Stat. 894). 994. Officers dismissed ~by President may demand trial. When any officer, dismissed by order of the President, makes, in writing, *The practical results of this statute, in connection with other provisions of law bearing upon the subject, are these: That in time of war the President may dismiss an officer from service at any moment and for any cause ; that in time of peace he may dismiss him for cause, with the cooperation of a court- martial; or remove him without cause with the consent of the Senate. (Street v. U. S., 24 Ct. Cls., 248; Blake v. U. S., 103 U. S., 227; McElrath v. U. S., 102 U. S., 426; Fletcher v. TL S., 26 Ct. Cls., 541.) The President has the power to remove an officer of the Army by the appoint- ment of another in his place, by and with the advice and consent of the Senate, and such power is not withdrawn by the provisions of section 5 of the act of July 13, 1866 (sec. 1229, R. S.), and this provision does not restrict the power of the President, by and with the advice and consent of the Senate, to displace officers of the Army and Navy by the appointment of others in their places. (Keyes v. U. S., 109 U. S., 336, 339; Blake v. U. S., 103 U. S., 227; McElrath v. U. S., 103 U. S., 426 ; Mimmack v. U. S., 97 U. S., 426 ; U. S. v. Corson, 114 U. S., 619 ; Montgomery v. U. S., 19 Ct. Cls., 370 ; Bonnett v. U. S., id., 379 ; Palen v. U. S., id., 389 ; McBlair v. U. S., id., 528 ; Vanderslice v. U. S., id., 480 ; XV Opin. Att. Gen., 407.) As to the distinction between a removal from office and the punishment of dismissal by sentence of a general court-martial, see Dig. Opin. J. A. G., 819, E. 2a. 2 The jurisdiction to find and determine the fact of desertion, under this sec- tion, is vested in the President alone, and his decision thereon can not be re- viewed by the courts. (Newton v. U. S., 18 Ct. Cls., 435.) The discharge of an officer does not relieve the Government from its obligations until he is notified of the fact and actually discharged from service. (Gould v. U. S., 19 Ct. Cls., 593.) 'This paragraph amends section 1229 of the Revised Statutes as contained In the preceding paragraph. MILITARY LAWS OF THE UNITED STATES. 367 an application for trial, setting forth, under oath, that he has been wrongfully dismissed, the President shall, as soon as the necessities of the service may permit, convene a court-martial, to try such officer on the charges on which he shall have been dismissed. And if a court-martial is not so convened within six months from the pres- entation of such application for trial, or if such court, being con- vened, does not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void. 1 Sec. 1230, R. S. 995. Accepting or holding civil office. No officer of the Army on the active list shall hold any civil office, whether by election or ap- pointment, and every such officer who accepts or exercises the func- tions of a civil office shall thereby cease to be an officer of the Army, and his commission shall be thereby vacated. 2 Sec. 1%%2, R. S. 996. Duties upon which officers of the Army are not to be em- ployed. No officer of the Army shall be employed on civil works or internal improvements, or be allowed to engage in the service of any incorporated company, or be employed as acting paymaster or disbursing agent of the Indian Department, if such extra employ- ment requires that he shall be separated from his company, regiment, or corps, or if it shall otherwise interfere with the performance of the military duties proper. Sec. 122^ R. $., as amended by Act of Feb. 27, 1877 (19 Stat. 24$). 997. Accepting diplomatic or consular office. Any officer of the Army who accepts or holds any appointment in the diplomatic or consular service of the Government shall be considered as having lr This statute was held by the Attorney-General (XII Opins., 4) not to be unconstitutional, in that it was not " obnoxious to the objection that it invades or frustrates the power of the President to dismiss an officer." More serious objections to its constitutionality are believed to be: (1) That it authorizes the subjecting to military trial of a civilian; (2) that in restoring an officer to the Army it substitutes the action of a court-martial for the appointing power of the President. The statute does not indicate within what period after dismissal the appli- cation for a trial should be made. It can only be said that, in preferring it, due diligence should be exercised that it should be presented within a reason- able time. Held, that a party who (without any sufficient excuse) delayed for nine years to apply for a trial under the statute might well be regarded as having waived his right thereto. (IV Opin. Att. Gen., 170; V id., 384.) To take advantage of the benefit conferred by this section the officer must apply for trial within a reasonable time after dismissal, or acquiescence will be presumed. A delay of nine yenrs in a particular case held to create such presumption of acquiescence. (Newton v. TJ. S., 18 Ct. Cls., ^35; Germaine v. U. S., 26 id., 383.) Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice and consent of the Senate. (Collins v. U. S., 15 Ct. Cls., 22.) For a list of officers so reinstated see Collins case. (14 Ct Cls., 568, 571.) a Where an officer of the Army was tendered a place on a " board of experts " created by a city ordinance to determine the most durable and best pavement for the streets of a city, advised that, in view of the provisions of section 1222 of the Revised Statutes, the place be not accepted by the officer, (XVIII Opin. Att. Gen., 11.) 368 MILITARY LAWS OF THE UNITED STATES. resigned his place in the Army, and it shall be filled as a vacancy. 1 Sec. m3, R. S. 998. Supernumerary officers may, on their own request, be dis- charged with certain pay. That any officer who is supernumerary to the permanent organization of the Army as provided by law may, at his own request, be honorably discharged from the Army, and shall thereupon receive one year's pay for each five years of his service, but no officer shall receive more than three year's pay in all. Act of June 30, 1882 (00 Stat. 118) . a The act of March 30, 1868 (15 Stat. 58), which is embodied in section 1223 of the Revised Statutes, applied to officers on the retired as well as on the active list, and it made the acceptance of the diplomatic vacate the military office eo instanti; the vacancy thus created necessarily continuing until filled in the usual way. (XIX Opin. Att. Gen., 610.) The act of July 31, 1894 (28 Stat. 205), paragraph 990, ante, does not authorize a retired officer to accept a position prohibited by this paragraph. CHAPTER BREVETS UNIFORM AND TITLE OF EX-OFFICERS MEDALS OF HONOR CERTIFICATES OF MERIT FOR- EIGN DECORATIONS. Brevets : Par. Brevet rank 999 Same for gallant service against hostile Indians 1000 Same shall bear date from par- ticular action or service 1001 Same shall bear date from pas- sage of act 1002 Same to be honorary 1003 Same only when actually en- gaged in hostilities 1004 Same shall wear uniform of actual rank 1005 Same shall be addressed by , title of actual rank 1006 Same uniform of highest volun- teer rank 1007 Same uniform of highest regu- lar rank 1008 Same uniform of highest rank in regulars or volunteers dur- ing War with Spain 1009 Discrimination against persons wearing uniforms 1010 Foreign decorations 1011 Same to be tendered through Department of State 1012 Medals of honor 1013-1017 Same President may cause to be issued 1013 Medals of honor Continued. p a r. Same may be awarded after separation from the service . . . 1014 Same may be replaced when lost or destroyed 1015 Same not required to surrender old, when replaced by new . . 1016 Same josette, or knot, and rib- bon to be worn in lieu of and with 1017 Certificates of merit 1018 Corps badges and insignia of socie- ties 1019 Military society badges 1020 Distinctive badge adopted by Regu- lar Army and Navy Union 1021 Same adopted by Army and Navy Union 1022 Same adopted by military so- cieties of men who served dur- ing Spanish-American War. . 1023 Same adopted by military so- cieties of men who served dur- ing Chinese relief expedition. 1024 Same unlawfully wearing in the District of Columbia the insignia, badge, etc., of the military order of the Loyal Legion, Grand Army of the Republic, etc 1025 BREVETS. 999. Brevet rank. The President, by and with the advice and consent of the Senate, may in time of war confer commissions by brevet upon commissioned officers of the Army for distinguished conduct and public service in presence of the enemy. 1 Sec. 1209. R. S. 1 Several brevet nominations were submitted to the Senate in the Erst session of the Fifty-seventh Congress (1901-2). The Committee on Military Affairs submitted a report (S. Doc. No. 195, 57th Cong., 2d sess.) upon these nomina- tions. The committee concluded that there existed no authority of law to issue brevet commissions in time of peace. Consequently o Jong as section 1209, Revised Statutes, remains unchanged brevet commissions will be issued only in time of war. 48985 15 369 370 MILITARY LAWS OF THE UNITED STATES. 1000. Same For gallant service against hostile Indians. The President of the United States be, and he is hereby, authorized and empowered, at his discretion, to nominate and, by and with the ad- vice and consent of the Senate, to appoint to brevet rank all officers of the United States Army now on the active or retired list who by their department commander, and with the concurrence of the Com- manding General of the Army, have been or may be recommended for gallant service in action against hostile Indians since January first, eighteen hundred and sixty-seven. Sec. 1, Act of Feb. 27, 1890 (26 Stat. 13). 1001. Same Shall bear date from particular action or service. Brevet commissions shall bear date from the particular action or service for which the officers were brevetted. Sec. 1<210, R. S. 1002. Same. Shall bear date from passage of act. Such brevet commissions as may be issued under the provisions of this act shall bear date only from the passage of this act: Provided, however, That the date of the particular heroic act for which the officer is promoted shall appear in his commission. Sec. 2, Act of Feb. 27, 1890 (26 Stat. 13). 1003. Same To be honorary. Brevet rank shall be considered strictly honorary, and shall confer no privilege of precedence or com- mand not already provided for in the statutes which embody the rules and articles governing the Army of the United States. Sec. 3, id., 14. 1004. Same Only when actually engaged in hostilities. Officers of the Army shall only be assigned to duty or command according to their brevet rank when actually engaged in hostilities. 1 Act of Mar. 3,1883 (22 Stat. 457). 1005. Same Shall wear uniform of actual rank. No officer shall be entitled, on account of having been brevetted, to wear, while on duty, any uniform other than that of his actual rank. Sec. 1212, R. S. 1006. Same Shall be addressed by title of actual rank. No officer shall be addressed in orders or official communications by any title other than that of his actual rank Sec. 1212, R. S. 1007. Same Uniform of highest volunteer rank. All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, 1 When an officer has been duly assigned to duty or command according to a certain brevet rank, that rank becomes his actual military rank for the period of the assignment. He is empowered to exercise the authority which belongs to such rank under the circumstances, to wear the uniform, and to be addressed by the title of such rank, etc. Held, however, that a colonel, assigned to com- mand according to a brevet rank of general, was not entitled to the aids-de-camp of a general except by the authority of the Secretary of War. (Dig. Opin. J. A. G., 969 B 1, edition, 1912.) MILITARY LAWS OF THE UNITED STATES. 371 by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Reg- ister. But these privileges shall not entitle any officer to command, pay, or emoluments. Sec. 1%%6, R. S. 1008. Same Uniform of highest regular rank. All officers who have served during the rebellion as officers of the Regular Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Re- vised Statutes. Act of Feb. 4^1897 (29 Stat. 511). 1009. Same Uniform of highest rank in regulars or volunteers during war with Spain. All officers who have served during the war with Spain, or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service, by resignation or otherwise, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other com- mission in the regular or volunteer service. Sec. 3^ Act of Feb. , 1901 (31 Stat. 757). 1010. Discrimination against persons wearing uniforms. Here- after no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Co- lumbia, or in any Territory, the District of Alaska or Insular pos- session of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uniform of the Army, Navy, Revenue-Cutter Service or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misde- meanor, punishable by a fine not exceeding five hundred dollars. 1 Act of Mar. 1, 1911 (36 Stat. 963) . 1011. Foreign decorations. That no decoration, or other thing the acceptance of which is authorized by this act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent 1 The following States have laws prohibiting anyone not in military service from wearing military uniforms: Alabama, Arizona, Arkansas, California, Con- necticut, Florida, Georgia, Idaho, Illinois, Iowa, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, and Wisconsin. The following States prohibit the wearing of National Guard uniform by anyone not a member of the Guard : Colorado, Massachusetts, and Wyoming. The following States have laws prohibiting discrimination against uniforms: Connecticut, Florida, Massachusetts, Minnesota, New Hampshire, New York, Oklahoma, Pennsylvania, Rhode Island, and Wyoming. 372 MILITARY LAWS OF THE UNITED STATES. of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec. #, Act of Jan. 31, 1881 (21 Stat. 604). 1012. Same To be tendered through Department of State. That hereafter any present, decoration, or other thing which shall be con- ferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress. Sec. 3, Id. MEDALS OF HONOR. 1013. Same President may cause to be issued. That the Presi- dent cause to be struck, from the dies recently prepared at the United States Mint for that purpose, "medals of honor" additional to those authorized by the act (resolution) of July 12, 1862, and present the same to such officers, noncommissioned officers, and pri- vates as have most distinguished, or may hereafter most distinguish themselves in action. 1 Sec. 6, Act of Mar. 3, 1863 (12 Stat. 751). 1014. Same May be awarded after separation from the service. For three thousand medals of honor to be prepared, with suitable emblematic devices, upon the design of the medal of honor here- tofore issued, or upon an improved design, together with appro- priate rosettes or other insignia to be worn in lieu of the medal, and to be presented by direction of the President, and in the name of 1 This provision was not embraced in the Revised Statutes. Medals of honor will be awarded by the President to officers and men who most distinguish themselves in action. (Pafs. 182, 183, and 188, A. R, 1913; see also G. O. 42, A. G. O., 1897, and G. O. 135, A. G. O., 1899.) As section 6 of the act of March 3, 1863 (12 Stat. 751), provides for the award of the medal of honor under certain conditions to officers, noncommissioned officers, and privates only, held, that it may not be awarded for distinguished services in action by a contract or acting assistant surgeon, who is no longer in the service. (Dig. Opin. J. A. G., Ib, 665, edition, 1912.) See also 20 Opin. Atty. Gen., 421, in which advice was given not to grant the medal, as when the application was received, nearly 28 years after the gallant conduct, there was no official record on file in the War Department to sub- stantiate the claim. See 24 Opin. Atty Gen., 580, in which it is held that the fact that after the application or recommendation is made the applicant leaves the service does not prevent the President from making the award. A medal of honor is a recognition of gallantry which is granted by authority of Congress to such officers or enlisted men " as have most distinguished them- selves in action." When a medal is conferred there is included in the grant a conveyance of ownership of the medal, regarded as a chattel, which becomes the property of the grantee and is subject to such disposition as he may see fit to make of it as a part of his personal estate, subject, however, to the qualification that it may be worn and used as a medal of honor only by the person upon whom it was originally conferred in recognition of his military services. (Id., Ic, 665.) MILITARY LAWS OF THE UNITED STATES. 373 Congress, to such officers, noncommissioned officers, and privates as have most distinguished, or may hereafter most distinguish, them- selves by their gallantry in action, twelve thousand dollars: Pro- vided, That the Secretary of War be, and he is hereby, authorized and directed to use so many of the medals and rosettes or other insignia provided for by this Act as may be necessary to replace the medals that have been issued under the joint resolution of Congress approved July twelfth, eighteen hundred and sixty-two, and section six of the Act of Congress approved March third, eighteen hundred and sixty-three: And provided further, That whenever it shall appear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award of the Congressional medal of honor under the provisions of the sixth section of the Act of Congress approved March third, eighteen hundred and sixty-three, entitled "An Act making appropriations for the sundry civil expenses of the Government for the year ending June thirtieth, eighteen hundred and sixty-four, and for the year ending the thirtieth of June, eight- een hundred and sixty-three, and for other purposes," the fact that the person who so distinguished himself has since become separated from the military service, or that the award of the medal to him was not specifically recommended or applied for while he was in the said service, shall not be held to prevent the award and presentation of the medal to such person under the provisions of the law herein- before cited. 1 Act of Apr. 23, 1904 (3$ Stat., 274). 1015. Same May be replaced when lost or destroyed. That in any case where the President of the United States has heretofore, under any Act or resolution of Congress, caused any medal to be made and presented to any officer or person in the United States on account of distinguished or meritorious services, on a proper showing made by such person to the satisfaction of the President that such medal lr nie act of April 23, 1904 (33 Stat. 274), provides, "Whenever it shall ap- pear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award" of the medal of honor under the then existing law, the award shall not be prevented by the fact that the person has since become sepa rated from military service, or that it was not recommended or applied for wliile he was in the service. Held, that the "official record" is one that must have been made by an officer of the Army pursuant to statute, regulation, orders, or custom. Held, further, that an oral recommendation was not fni "official record," and, therefore, could not bo the basis of the award of a medal. (Dig. Opin. J. A. G., A 2a, 665; see, also, Cir. 22, 1905, War. Dept.) The recommendation for a medal of honor was not made until more than a year had elapsed after the gallant conduct upon which it was based, i. e., July 1, 1863. Held, that under the legislative rule fixed by the act of April 23, 1904 (33 Stat. 274), if it shall appear from the official records in the War De- partment that an officer or enlisted mvm has so distinguished himse'f in action as to entitle him to the award under the act of March 3, 1803 (12 Stat. 751), the award may be made. (Id., 2d, 666.) 374 MILITARY LAWS OF THE UNITED STATES. has been lost or destroyed through no fault of the beneficiary, and that diligent search has been made therefor, the President is hereby authorized to cause to be prepared and delivered to such person a duplicate of such medal, the cost of which shall be paid out of any money in the Treasury not otherwise appropriated. 1 Joint resolu- tion No. 23 of Apr. 15, 1904 (33 Stat. 588). 1016. Same Not required to surrender old when replaced ~by new. The holders of medals of honor under the Act approved July twelfth, eighteen hundred and sixty-two, and section six of the Act approved March third, eighteen hundred and sixty-three, shall not be required to surrender such medals in case such medals are replaced, in pursuance of the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four; and that wherever the holders of such medals of honor have surrendered them, in order to receive the medals provided for by said Act approved April twenty- third, nineteen hundred and four, such medals shall be returned to them: Provided, That no recipient of both medals shall wear both medals at the same time. Joint resolution No. 17 of Feb. 27, 1907 (34 Stat. 14%). 1017. Same Rosette, or knot, and ribbon to Tie worn in lieu of and with. The Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the joint reso- lution approved July twelfth, eighteen hundred and sixty-two, and the act approved March third, eighteen hundred and sixty-three, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal ; said rosette, or knot, and ribbon to be each of a pattern to be prescribed and established by the President of the United States; and any appropriation that may hereafter be avail- able for the contingent expenses of the War Department is hereby made available for the purposes of this act: Provided, That when- ever a ribbon issued under the provisions of this act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it is issued, the Secretary of War shall cause a new ribbon to be issued to such person without charge therf or. Joint resolution No. 51, May 2, 1896 (29 Stat. 473} . 1018. Certificates of merit. When any enlisted man of the Army shall have distinguished himself in the service the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him 1 Held, that the President has no authority under the act of April 23, 1904 (33 Stat. 274), to refuse to replace a medal that was awarded under the joint resolution of July 12, 1862 (12 Stat. '623), and the act of March 3, 1863 * Stat. 751), when the same is presented for that purpose by its owner. (Di , Opin. J. A. G., 2b, 665.) MILITARY LAWS OF THE UNITED STATES. 375 a certificate of merit. 1 Sec. 1216, R. S., as amended by Act of Mar. 89,1892 (27 Stat. 12). 1019. Corps badges 2 and insignia of societies. All persons who have served as officers, noncommissioned officers, privates, or other enlisted men in the Regular Army, volunteer or militia forces of the United States, during the war of the rebellion, and have been hon- orably discharged from the service or still remain in the same, shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, re- spectively, in which they served. Sec. 1227, R. S. 1020. Military society badges. That the distinctive badges adopted by militar}^ societies of men who served in the armies and navies of the United States in the war ef the Revolution, the war of eighteen hundred and twelve, the Mexican war, and the war of the rebellion, respectively, may be worn upon all occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organizations in their own right. 8 Joint resolu- tion No. 50, of Sept. 25, 1890 (26 Stat. 681). 1021. Distinctive badge adopted by Regular Army and Navy Union. That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men in the Army and Navy of the United States who are members of said organization. Joint resolution No. 26, of May 11, 1894 (28 Stat. 583). *For section 2, act of February 9. 1891 (26 Stat. 737), providing that a certifi- cate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of $2 per month while he is in the military service, although such service may not be continuous, see paragraph 719, ante. See, also, 24 Op. Atty. Gen., 127, Sept. 23, 1902, and IX Comp. Dec., 160, Oct. 24, 1902. In Bell V. U. S., 28 Ct. Cls., 462, it was held that a soldier to whom, when a member of an infantry regiment, had been granted a certificate of merit, was entitled to continue to receive the additional pay after reenlisting in the " gen- eral messenger service." See McNamara v. U. S., 28 Ct. Cls., 416, where it is held that the act of Feb- ruary 9, 1891, is retroactive, and entitled the beneficiary to the additional pay from the date of the service for which the certificate was awarded. See, to a similar effect, the opinion of the Attorney-General in XVI Opins., 9; also the subsequent G. O. 28, Hdqrs. of Army, 1878. 3 See Dig. Op. J. A. G., 668-9 B 1-2. Also G. O. No. 4, War Dept, 1905, as amended by G. O. 129, 1908. See also Cir. 82, War Dept. 1908, and G. O. 96 and 97, War Dept., 1909. For section 1296, Revised Statutes, authorizing the President to prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States, see paragraph 571, ante. * Held, that the words " in their own right " which occur in those laws which authorize the wearing of certain society badges mean " right " because of their own service or because of their kinship to one who had been in the service. (Dig. Opin. J. A. G., A 1,668.) 376 MILITARY LAWS OF THE UNITED STATES. 1022. Same Adopted by Army and Navy Union. The distinctive badge adopted by the Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of cere- mony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint resolu- tion No. 18 of Mar. 2, 1907 (34 Stat. 1423). 1023. Same Adopted ~by military societies of men who served dur- ing Spanish- American War. The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Spanish- American war and the incident insurrection in the Philippines may be worn, upon all occasions of ceremony, by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. 1 Sec. 41, Act of Feb. to, 1901 (31 Stat. 758}. 1024. Same Adopted l>y military societies of men ivho served during Chinese relief expedition. The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organization in their own right. Joint resolution No. 2 of Jan. 12, 1903 (32 Stat. 1229). 1025. Same Unlawfully wearing in the District of Columbia the insignia, badge, etc., of the Military Order of the Loyal Legion, Grand Army of the Republic, etc. Whoever, in the District of Columbia, not being a member of the Military Order of the Loyal Legion of the United States, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Union Veteran's Union, of the Union Veteran Legion, of the United Span- ish War Veterans, of the National Society of the Daughters of the American Revolution, and not entitled under the rules of the order to wear the same, willfully wears or uses the insignia, distinctive ribbon, or badge of membership, rosette, or button thereof, or who uses or wears the same to obtain aid or assistance thereby, shall be punished by a fine of not more than twenty dollars or by imprison- ment for not more than thirty days, or by both such fine and im- prisonment. Act of Mar. 15, 1906 (3\ Stat. 62) . 1 An organization entitled " Batson's squadron of Philippine cavalry " was formed from among the civilian employees of the Quartermaster's Department during the Philippine insurrection. Its employment was assimilated, in all of its essential incidents, to that of the Philippine Scouts and guides whose serv- ices are obtained by contract and paid for out of the appropriation for inci- dental expenses. But the squadron was actually paid out of insular funds furnished for that purpose to the Quartermaster's Department. Held, there- fore, that the members of that squadron are not entitled to the Philippine cam- paign badge. (Dig. Opin. J. A. G., 669 B 3.) CHAPTER XXVI. ENLISTED MEN. Par. Enlistment 1026-1033 General qualifications 1026 Persons not to be enlisted 1027 Enlistment of minors 1028 Age, citizenship 1029 Term of enlistment 1030 Enlistment and enlistment in the Reserve 1031 Premium for recruits 1032 Fraudulent enlistment 1033 Reenlistment 1034-1035 Reenlistment 1034 Period of enlistment 1035 Transfer of enlisted men 1036-1037 Transfer from military to naval service 1036 Transfer to Hospital Corps 1037 Retirement 1038-1042 Retirement of enlisted men 1038 War service to count as double time 1039 Credit for foreign service 1040 Same 1041 Credit not to be given for foreign service 1042 Discharge 1043-1049 By purchase 1043 Dependency of parent 1044 Transportation on discharge 1045 Sea travel 1046 Lost certificate 1047 Issued under true name 1048 Suspension of dishonorable dis- charge 1040 Par. Desertion 1050-1055 Rights of citizenship forfeited. 1050 Certain exemptions 1051 Reenlistment of deserters and soldiers whose last preceding term of enlistment was not honest and faithful 1052 Not entitled to bounty land . . . 1053 Forfeiture of pension 1054 Aiding, persuading, enticing to desert 1055 Apprehension of deserters re- wards 1056-1058 Who may arrest deserters 1056 Civil officers having power to arrest 1057 Civil officer or civilian 1058 Deceased soldier 1059-1063 Settlement^ accounts 1059 Same and Navy and Marine Corps 1060 Gratuity 1061-1062 Expense of interment, etc 1063 Citizenship 1064-1066 Aliens honorably discharged . . . 1064 Same from Navy 1065 Naturalization of seamen 1066 Miscellaneous provisions: Exemption from arrest for debt 1067 Not to be used as servants 1068 Employment as stenographers. 1069 Remount detachments at re- mount depots 1070 ENLISTMENT. 1026. General qualifications. Recruits enlisting in the Army must be effective and able-bodied men, and between the ages of eighteen 377 378 MILITARY LAWS OF THE UNITED STATEB. and thirty-five years, at the time of their enlistment. 1 This limita- tion as to age shall not apply to soldiers reenlisting. Sec. 1116, R. S. 1027. Persons not to ~be enlisted. No minor under the age of six- teen years, 2 no insane or intoxicated person, no deserter from the military service of the United States, and no person who has been convicted of a felony shall be enlisted or mustered into the military service. 3 Sec. 1118, R. 8. 1028. Enlistment of minors. No person under the age of twenty- one years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guard- ians: Provided, That such minor has such parents or guardians en- titled to his custody and control. Sec. 1117, R. S. 1029. Age, citizenship. In time of peace no person (except an Indian) who is not a citizen of the United States, or who has not made legal declaration of his intention to become a citizen of the United States, or who can not speak, read, and write the English language, or who is over thirty-five years of age. shall be enlisted for the first enlistment in the Army. 4 Sec. 2, Act of Aug. 1, 189 4 (28 Stat. 216), as amended ly Sec. 4, Act of Mar. 2, 1899 (30 Stat. 978). *The requirements of section 1116, Re ised Statutes, in respect to the limits of age for recruits upon their original enlistment into the military service have been modified by the act of February 27, 1893 (27 Stat. 486), which established the superior limit at 30 years in time of peace, and by section 4 of the act of March 2, 1899 (30 Stat. 978), which fixes the limits of age for original enlist- ments at from 18 to 35 years. Enlistment is a contract, but it is one of those contracts which changes the status, and where that is changed no breach of contract destroys the new status or relieves from the obligations which its existence imposes. * * * By en- listment the citizen becomes a soldier. His relations to the State and the pub- lic are changed. He acquires a new status, with correlative rights and duties, and although he may violate his contract obligations, his status as a soldier is unchanged. He can not of his own volition throw off the garments he has once put on, nor can he, the State not objecting, renounce his relations and destroy his status on the plea that, if he had disclosed truthfully the facts, the other party, the State, would not have entered into the new relations with him or permitted him to change his status. (U. S. v. Grimley, 137 U. S., 147.) See Dig. Op. J. A. G., chapter Enlistment, 602-624. The age of enlistment for minors in the Navy is 14 years. (Act of Aug. 22, 1912, 37 Stat. 356.) * As to minimum age of enlistment, see paragraph 1026, ante. * The enlistment contract of a minor is void when the recruit is under 16, with or without the consent of the parent. (In re Lawler, 40 Fed. Rep., 233.) It is not void, but voidable only, as to minors between 16 and 21. (U. S. v. Morrissey, 137 U. S., 157.) It is not voidable at the instance of the minor. (Id.) It is voidable at the instance of the parent or guardian. (Com. v. Blake, 8 Phil., 523 ; Turner v. Wright, 5 id., 296 ; Menges v. Camac, 1 Serg. and R., 87 ; Hen- derson v. Wright, id., 299 ; Seavey v. Seymour, 3 Cliff., 439 ; In re Cosenow, 37 Fed. Rep., 668; In re Hearn, 32 id., 141; In re Davison, 21 id., 618; U. S. v. Wag- ner, 24 id., 135; In re Dohrendorf, 40 Fed. Rep., 148; In re Spencer, id., 149; In re Lawler, id., 233; In re Wall, 8 id., 85.) A minor's contract of enlistment is voidable, not void, and is not so voidable at the instance of the minor. If, after enlistment, he commits an offense, is actually arrested, and in course of trial before the contract is duly avoided, he may be tried and punished. (In re Wall., 8 Fed. Rep., 85; see also Barrett v. Hopkins, 7 id., 312.) 4 See paragraph 849, Army Regulations, 1913. MILITARY LAWS OF THE UNITED STATES. 379 1030. Term of enlistment. That hereafter all enlistments in the Army shall be for the term of three years, and no soldier shall be again enlisted in the Army whose service during his last preceding term of enlistment has not been honest and faithful. 1 Sec. 8, Act of Aug. 1, 1894 ($8 Stat. 216). 1031. Enlistment and enlistment in the reserve. For the purpose of utilizing as an auxiliary to the Army Reserve hereinafter provided for the services of men who have had experience and training in the Regular Army, in time of war or when war is imminent, and after the President shall, by proclamation, have called upon honorably dis- charged soldiers of the Regular Army to present themselves for reenlistment therein within a specified period, subject to such condi- tions as may be prescribed in said proclamation, any person who shall have been discharged honorably from said Army, with character reported as at least good, and who having been found physically qualified for the duties of a soldier, if not over forty-five years of age, shall reenlist in the line of said Army or in the Signal or Hos- pital Corps thereof within the period that shall be specified in said proclamation, shall receive on so reenlisting a bounty which shall be computed at the rate of eight dollars for each month for the first year of the period that shall have elapsed since his last discharge from the Regular Army and the date of his reenlistment therein under the terms of said proclamation; at the rate of six dollars per month for the second year of such period ; a '. the rate of four dollars per month for the third year of such period ; and at the rate of two dollars per month for any subsequent year of such period, but no bounty in excess of three hundred dollars shall be paid to any person under the terms of this act. And that on and after November first, nineteen hundred arid twelve, all enlistments in the Regular Army shall be for the term of seven years, the first four years in the service with the organizations of which those enlisting shall form a part, and, except as otherwise provided herein, the last three years qn furlough and attached to the Army Rererve hereinafter provided for : Provided, That at the expi- ration of four years' continuous service with such organizations, either under a first or any subsequent enlistment, any soldier may be reenlisted for another period of seven years, as above provided for, 1 The contract of enlistment is an entirety. If service for any portion of the time is criminally omitted the pay and allowances for faithful services are not earned. (Lander v. U. S., 92 U. S., 77.) This section operates to repeal section 119, Revised Statutes, and section 2 of the act of June 16, 1890 (26 Stat. 187), which fixed the term of enlistment in the Army at five years, which in turn has been repealed by the act of August 24, 1912 (37 Stat. 590), paragraph 1031, post. As to the reenlistment of men whose last preceding term of enlistment has not been honest and faithful, see paragraph 1052, post. 380 MILITARY LAWS or THE UKITED STATES. in which event he shall receive his final discharge from his prior en- listment: Provided further, That any enlisted man, at the expiration of three years' continuous service with such organizations, either under a first or any subsequent enlistment, upon his written applica- tion, may be furloughed and transferred to the Army Reserve, in the discretion of the Secretary of War, in which event he shall not be entitled to reenlist in the service until the expiration of his term of seven years : Provided further, That for all enlistments hereafter accomplished under the provisions of this act, four years shall be counted as an enlistment period in computing continuous- service pay : Provided further, That hereafter the Army Reserve shall con- sist of all enlisted men who, after having served not less than four years with the organizations of which they form a part, shall receive furloughs without pay or allowances until the expiration of their terms of enlistment, together with transportation in kind and sub- sistence as provided for by this act in the case of discharged soldiers, but when any soldier is furloughed to the Reserve his accounts shall bt closed and he shall be paid in full to the date such furlough be- comes effective: Provided further, That any enlisted man, subject to good conduct and physical fitness for duty, upon his written appli- cation to that effect, shall have the right of remaining with the organization to which he belongs until the completion of his whole enlistment, without passing into the Reserve: Provided further, That except upon reenlistment after four years' service or as now otherwise provided for by law, no enlisted man shall receive a final discharge until the expiration of his seven-year term of enlistment, including his term of service in the Army Reserve, but any such en- listed man may be reenlisted for a further term of seven years under the same conditions in the Army at large, or, in the discretion of the Secretary of War, for a term of three years in the Army Reserve ; and any person who may have been discharged honorably from the Regular Army, with character reported as at least good, and who has been found physically qualified for the duties of a soldier, if not over forty-five years of age, may be enlisted in the Army Reserve lor a similar term of three years : And provided further, That in the event of actual or threatened hostilities the President, when so au- thorized by Congress, may summon all furloughed soldiers who be- long to the Army Reserve to rejoin their respective organizations, and during the continuance of their service with such organizations they shall receive the pay and allowances authorized by law for sol- diers serving therein, and any enlisted man who shall have reenlisted in the Army Reserve shall receive during such service the additional pay now provided by law for the soldiers of his arm of the service in their second enlistment period. Upon reporting for duty, and being found physically fit for service, they shall receive a sum equal MILITARY LAWS OF THE UNITED STATES. 381 to five dollars per month for each month during which they shall have belonged to the Reserve, as well as the actual cost of transpor- tation and subsistence from their homes to the places at which they may be ordered to report for duty under such summons. Sec. 2, Art of Aug. 24, 1912 (37 Stat. 590). 1032. Premium for recruit. A premium of two dollars shall be paid to any citizen, noncommissioned officer, or soldier for each ac- cepted recruit he may bring to a recruiting rendezvous. 1 Sec. 11W< R.S. 1033. Fraudulent enlistment. Fraudulent enlistment, and the receipt of any pay or allowance thereunder, is hereby declared a mili- tary offense and made punishable by court-martial, under the sixty- second article of war. Sec. 3, Act of July 27, 1892 (27 Stat. 278). 1034. Reenlistment. Hereafter any soldier honorably discharged at the termination of an enlistment period who reenlists within three months thereafter shall be entitled to continuous-service pay as herein provided, which shall be in addition to the initial pay provided for in this Act and shall be as follows, namely: For those whose initial pay as provided herein is thirty-six dollars or more an in- crease of four dollars monthly pay for and during the second enlist- ment, and a further increase of four dollars for and during each sub- sequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. For those whose ini- tial pay as provided for herein is eighteen, twenty-one, twenty-four, or thirty dollars, an increase of three dollars monthly pay for and during the second enlistment, and a further increase of three dollars for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlist- ment. For those whose initial pay as provided for herein is fifteen and sixteen dollars, an increase of three dollars monthly pay for and during the second and third enlistments each, and a further increase of one dollar for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. Act of May 11, 1908 (35 Stat. 109) . 1035. Period of enlistment. Hereafter any soldier honorably dis- charged at the termination of his first or any succeeding enlistment period who reenlists after the expiration of three months shall be regarded as in his second enlistment; that an enlistment shall not be regarded as complete until the soldier shall have made good any time lost during an enlistment period by unauthorized absences ex- ceeding one day. but any soldier who receives an honorable discharge for the convenience of the Government after having served more than 1 This statute is practically obsolete. It was last applied during the rebellion of 1861-1865 against the United States. 382 MILITARY LAWS OF THE UNITED STATES. half of his enlistment shall be considered as having served an enlist- ment period within the meaning of this Act; that the present enlist- ment period of men now in service shall be determined by the number of years continuous service they have had at the date of approval of this Act, under existing laws, counting three years to an enlistment, and the former service entitling an enlisted man to reenlisted pay under existing laws shall be counted as one enlistment period. Id. TRANSFER OF ENLISTED MEN. 1036. Transfer from military to naval service. Any person en- listed in the military service of the United States may, on applica- tion to the Navy Department, approved by the President, be trans- ferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law. 1 Sec.lltfl.R.S. 1037. Transfers to Hospital Corps. Any enlisted man in the Army shall be eligible for transfer to the Hospital Corps as a private. Sec. 5, Act of Mar. 1, 1887 (24 Stat. 435). RETIREMENT. 1038. Retirement of enlisted men. When an enlisted man shall have served 2 thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, with seventy-five per centum of the pay and allowances he may then be in receipt of, and that said allow- ances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel, and light: Provided, That in computing the necessary thirty years' time all service in the Army, Navy, and Marine Corps shall be credited. SEC. 2. That all Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. Sees. 1 and #, Act of Mar. 2, 1907 (34 Stat. 1217). s 1039. War service, etc., to ~be computed as double time. If said enlisted man had war service with the Army in the field, or in the Navy or Marine Corps in active service, either as volunteer or reg- ular, during the war of the rebellion, such war service shall be com- 1 See paragraphs 114 and 115, Army Regulations, 1913. 3 As to service as officers in the Volunteers, in the Porto Rico Regiment, and in the Philippine Scouts, see paragraphs 709 and 710, ante. "This act amended the act of February 14, 1885 (23 Stat. 305), which created the retired list for enlisted men. (See Art. 134, A. R., 1913.) MILITARY LAWS OF THE UNITED STATES. 383 puted as double time in computing the thirty years necessary to entitle him to be retired. 1 Act of Sept. 30, 1890 (26 Stat. 504). 1040. Credit for foreign service. Hereafter in computing length of service for retirement, credit shall be given the soldier for double the time of his actual service in Porto Rico, Cuba, or in the Philip- pine Islands. 2 Act of May 26, 1900 (31 Stat. 209). 1041. Same. Hereafter in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama ; but double credit shall not be given for service hereafter rendered in Porto Rico or the Territory of Hawaii. Act of Apr. 23, 1904 (33 Stat. 264). 1042. Same Credit not to l>e+.given in connection with enlistments subsequent to August 24, 1912. In computing length of service for retirement credit for double time for foreign service shall not be given to those who hereafter enlist: And provided further, That nothing in this provision shall be so construed as .to forfeit credit for double time already accrued. Act of Aug. 24, 1912 (37 Stat. 575). DISCHARGE. 1043. Discharge ~by purchase. That in time of peace the President may, in his discretion and under such rules and upon such condi- tions as he shall prescribe, permit any enlisted man to purchase his discharge from the Army. The purchase money to be paid under this section shall be paid to a paymaster of the Army and be de- posited to the credit of one or more of the current appropriations for the support of the Army, to be indicated by the Secretary of War, and be available for the payment of expenses incurred during the fiscal year in which the discharge is made. 3 Sec. 4, Act of June 16, 1890 (26 Stat. 158). 'The act of February 14, 1885 (23 Stat. 305), which created the retired list for enlisted men, was amended by the act of September 30, 1890 (26 Stat. 504), by the addition of the proviso permitting war service during the war of the rebellion to be computed as double time in computing the thirty years' service necessary to entitle him to be retired. It has been held by the Secretary of War that the term "war service," as used in the act of September 30, 1890, shall include service rendered as a com- missioned officer, and that, for the purposes of this statute, the war began on April 15, 1861, and ended on April 2, 1866, as respects all theaters of operation, except the State of Texas, and as to that State that the war ended on April 20, 1866. (Circular No. 2, H. Q. A., Mar. 10, 1891.) Upon the retirement of an enlisted man from active service he is entitled to transportation in kind to the place of his enlistment or to his home. Section 1290, Revised Statutes, does not apply to enlisted men transferred to the re- tired list, in that they are not discharged. (3 Dig. 2d Comp. Dec., par. 874; U. S. v. Tyler, 105 U. S., 244.) 2 See paragraph 1042, post. * As to discharge in general see fourth Article of War, page 581, post. See also Army Regulations, 1913, article 21, and Dig. Op. J. A. G., 427^63. Also G. O. No. 23, War Dept, March 28, 1913. For return of honorable discharge see paragraph 214, ante. 384 MILITARY LAWS OF THE UNITED STATES. 1044. Dependency of parent. In the event of the enlistment of a soldier in the Army for the period required by law, and after the expiration of one year of service should either of his parents die, leaving the other solely dependent upon the soldier for support, such soldier may, upon his own application, be honorably discharged from the service of the United States upon due proof being made of such condition to the Secretary of War. 1 Sec. 30, Act of Feb. 8, 1901 (31 Stat. 756). 1045. Transportation on discharge. Hereafter when an enlisted man is discharged from the service, except by way of punishment for an offense, he shall be entitled to transportation in kind and subsistence from the place of his discharge to the place of his en- listment, or to such other place within the continental limits of the United States as he may select, to which the distance is no greater than from the place of discharge to place of enlistment; but if the distance be greater he may be furnished with transportation in kind and subsistence for a distance equal to that from place of dis- charge to place of enlistment, or, in lieu of such transportation and subsistence, he shall, if he so elects, receive two cents a mile, except for sea travel, from the place of his discharge to the place of his enlistment. 2 Act of Aug. 21>, 1912 (37 Stat. 576). 1046. Sea travel. For sea travel on discharge * * * transpor- tation and subsistence only shall be furnished to enlisted men. 2 Act of Mar. 8, 1901 (31 Stat. 903). 1047. Lost certificate. Whenever satisfactory proof shall be fur- nished to the War Department that any officer or enlisted man who has been or shall hereafter be honorably discharged from the mili- tary service of the United States has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish to such officer or enlisted man, or to the widow of such officer or enlisted man, a certificate of such discharge, to be indelibly marked, so that it may be known as a certificate in lieu of a lost or destroyed discharge: Pro- vided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. 3 Act of July 1, 1902 (32 Stat. 629). 1048. Issued under true name. The Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of 1 See G. O. No. 23, War Department, March 28, 1913. 2 For statutes and regulations governing the payment of travel allowance to officers and enlisted men, see the chapter entitled The Pay Department (The Quartermaster Corps). 3 This paragraph virtually takes the place of section 224, Revised Statutes. MILITARY LAWS OF THE UNITED STATES. 385 resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the Army or Navy during any war between the United States and any other nation or people and were hon- orably discharged therefrom. Applications for said certificates of discharge or amended orders of resignation may be made by or on behalf of persons entitled to them, but no such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence. Act of Aug. 22, 1912 (37 Stat. 324). 1049. Suspension of dishonorable discharge. That the reviewing authority may suspend the execution of a sentence of dishonorable discharge until the soldier's release from confinement ; but the order of suspension may be vacated at any time and the execution of the dishonorable discharge directed by the officer having general court- martial jurisdiction over the command in which the soldier is held, or by the Secretary of War : And provided further, That the author- ized enlisted strength of the Army and of organizations thereof shall be exclusive of soldiers under sentences which include confinement and dishonorable discharge. Act of Apr. 27, 1914 (38 Stat. 354). DESERTION. 1050. Rights of citizenship forfeited for desertion, etc. All per- sons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the llth day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens ; and such deserters shall be for- ever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. 1 Sec. 1996, R. S. 1051. Certain soldiers and sailors exempted from the forfeitures of the last section. No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his com- mand or refused to serve after that date, shall be held to be a deserter from the Army or Navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. Sec. 1997, R. S. 1 These penalties only take effect upon conviction by court-martial. (Kurtz v. Moffett, 115 TJ. S., 501.) 48985 15 25 386 MILITARY LAWS OF THE UNITED STATES. 1052. Reenlistment of deserters and of soldiers whose last preceding term of enlistment was not honest and faithful. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and for- feitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States : Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further, That the loss of rights of citizenship heretofore imposed by law upon de- serters from the military or naval service may be mitigated or re- mitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests : And provided further, That the provisions of section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled "An Act to regulate enlistments in the Army of the United States," shall not be construed to preclude the reenlistment or muster into the Army of any person who has deserted, or may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military serv- ice of such person or soldier shall, in view of the good conduct of such person or soldier subsequent to such desertion or service, be authorized by the Secretary of War. 1 .Sec. 1998, R. S., as amended ly Act of Aug. 22, 1912 (37 Stat. 356) . 1053. Deserters not entitled to bounty land. No person who has been in the military service of the United States shall, in any case, receive a bounty-land warrant if it appears by the muster rolls of his regiment or corps that he deserted or was dishonorably dis- charged from service. Sec. $438, R. S. 1054. Forfeiture of pension. Any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, for- feit all right to pension which he might otherwise have acquired. Sec. 6, Act of Apr. 26, 1898 (30 Stat. 365). 1055. Aiding, persuading, enticing to desert. Whoever shall entice or procure, or attempt or endeavor to entice or procure, any soldier. 1 These penalties onV take effect upon conviction by court-martial. (Kurtz v. Moffett, 115 U. S., 501.) MILITARY LAWS OF THE UNITED STATES. 387 in the military service, or any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or shall aid any such soldier, seaman, or other person in deserting or in attempting to desert from such service; or whoever shall harbor, conceal, protect, or assist any such soldier, seaman, or other person who may have deserted from such service, knowing him to have deserted therefrom, or shall refuse to give up and deliver such soldier, seaman, or other person on the de- mand of any officer authorized to receive him, shall be imprisoned not more than three years and fined not more than two thousand dollars. Sec. 42, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1097). APPREHENSION OF DESERTERS REWARDS. 1056. Who may arrest deserters. United States marshals and their deputies, sheriffs and their deputies, constables, and police officers of towns and cities are hereby authorized to apprehend, arrest, and receive the surrender of any deserter from the Army for the purpose of delivering him to any person in the military service authorized to receive him. Sec. 3, Act of June 16, 1890 (86 Stat. 157). 1057. Arrest, etc., of deserters ~by civil officers. It shall be lawful for any civil officer having authority under the laws of the United States or of any State, Territory, or District, to arrest offenders, to summarily arrest a deserter from the military service of the United States and deliver him into the custody of the military authority of the General Government. 1 Sec. 2, Act of June 18, 1898 (30 Stat. 4*4). 1058. Payment to civil officers or citizens. For the apprehension, securing and delivering of deserters, including escaped military prisoners, and the expenses incident to their pursuit, and no greater sum than $50 for each deserter or escaped military convict shall, in the discretion of the Secretary of War, be paid to any civil officer or civilian for such services and expenses. Act of Mar. 2, 1913 (37 Stat. 713). DECEASED SOLDIERS. 1059. Settlement of accounts. Hereafter, in the settlement of the accounts of deceased officers or enlisted men of the Army, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly appointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence: First, to the widow; second, if decedent left no widow, or the widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to 1 See Dig. Op. J. A. G., 402-413, edition 1912. 388 MILITARY LAWS OF THE UNITED STATES. the father and mother in equal parts, provided the father has not abandoned the support of his family, in which case to the mother alone; fourth, if either the father or mother be dead then to the one surviving; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes : Provided, That this Act shall not be so construed as to prevent payment from the amount due the decedent's estate of funeral expenses, provided a claim there- for is presented by the person or persons who actually paid the same before settlement by the accounting officers. Act of June 30, 1906 (34Stat. 750). 1060. Same Navy and Marine Corps. Hereafter, in the settle- ment of the accounts of deceased officers or enlisted men of the Navy and Marine Corps, where .the amount due the decedent's estate is less' than five hundred dollars and no demand is presented by a duly ap- pointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence: First, to the widow; second, if the decedent left no widow, or widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to the father and mother in equal parts, provided father has not abandoned the support of his family, in which case to the mother alone; fourth, if either the father or mother be dead, then to the one surviving; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes : Provided, That this Act shall not be so construed as to prevent pay- ment from the amount due the decedent's estate of funeral expenses, provided a claim therefor is presented by the person or persons who actually paid the same before settlement by the accounting officers. Act of May 27, 1908 (35 Stat. 373). (While this paragraph appears to refer exclusively to the Navy and Marine Corps, it is inserted here because it was enacted under the general heading " Under the War Department " in the sundry civil appropriation act of May 27, 1908.) 1061. Gratuity. Hereafter immediately upon official notification of the death from wounds or disease contracted in line of duty of any officer or enlisted man on the active list of the Army, the Paymaster- General of the Army shall cause to be paid to the widow of such officer or enlisted man, or to any other person previously designated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death, less seventy-five dollars in the case of an officer and thirty-five dollars in the case of an enlisted man. From the amount thus reserved the Quartermas- ter's Department shall be reimbursed for expenses of interment, and MILITARY LAWS OF THE UNITED STATES. 389 the residue, if any, of the amount reserved, shall be paid subsequently to the designated person. The Secretary of War shall establish regulations reqniring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death, and said amount shall be paid to that person from funds appropriated for the pay of the Army. (See next paragraph.) Act of May 11, 1908 (35 Stat. 108). 1062. Same. The Act approved May eleventh, nineteen hundred and eight, for the support of the army for the fiscal year ending June thirtieth, nineteen hundred and nine, in so far as it relates to the payment of six months' pay to the widow of an officer or enlisted man, and so forth, be amended as follows : Strike out the words " contrasted in the line of duty " and insert in lieu thereof the words, " not the result of his own misconduct." Act of Mar. 3, 1909 (35 Stat., 735). 1063. Expenses of interment, etc. For the expenses of interment, or of preparation and transportation to their homes or to such na- tional cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, includ- ing acting assistant surgeons, and enlisted men of the army active list; for the expenses of interment, or of preparation and trans- portation to their homes, of the remains of civil employees of the army in the employ of the War Department who die abroad, inclusive of Alaska, or on army transports; for the expenses of removal of remains from abandoned posts to permanent military posts or na- tional cemeteries, including the remains of federal soldiers, sailors, or marines interred in fields or abandoned private and city ceme- teries; and in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the army who die on the active list are borne by individuals, where such expenses would have been lawful claims against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services, to be paid out of the funds appropriated by this Act, but no reimbursement shall be made under this Act of such expenses incurred prior to the first day of July, nineteen hundred and ten, * * * dollars. Act of Aug. 24, 1912 (37 S tat. (This paragraph will be found in the last few sundry civil appropriation acts. This paragraph has the effect of making one appropriation available for expenses of interment, etc., whereas heretofore the expenses had to be met from different appropriations.) CITIZENSHIP. 1064. Aliens honorably discharged from military service. Any alien of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular 390 MILITABY LAWS OF THE UNITED STATES. or volunteer forces, and has been, or may be hereafter, honorably dis- charged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such ; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen ; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. 1 Sec. 2166, R. S. 1065, Aliens honorably discharged from the naval service. Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition. without any previous declaration of his intention to become such ; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine Corps. Act of July 26, 1894 ($8 Stat. 124) - 1066. Naturalization of seamen. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct dur- ing that time, together with the certificate of his declaration of inten- , honorably discharged after enlisting in our Army, are not, by such discharge alone, made citizens, but they are thereupon entitled (under a provi- sion of the act of July 17, 1862, now section 2166, Revised Statutes) to be ad- mitted to become citizens without previous declaration of intention, upon merely presenting to the proper court (see sec. 2165, R. S.) a petition for the purpose, accompanied by proof of at least one year's residence within the United States previous to the application, of good moral character, and of the fact of honorable discharge. (Dig. Opin. J. A. G., par. 401, edition 1901.) Under the act of July 30, 1892, an enlisted man, to be eligible for promotion as commissioned officer, must be a citizen of the United States. And, in order to be promptly naturalized, under section 2166, Revised Statutes, he must first be honorably discharged. So, advised that such alien, to be qualified for exami- nation and appointment under the act, should be discharged and, after naturali- zation, be reenlisted. (Id., par. 403.) The mere enlistment and honorable discharge of an alien as a soldier of our Army do not per se constitute him a citizen of the United States. He must still make formarpetition to one of the courts, etc., specified in section 2165, Revised Statutes, and present thereupon the evidence required by section 2166. (Id., par. 736.) A native-born minor is a citizen of the United States under the fourteenth amendment of the Constitution. (Id., par. 737.) See Dig. Op. J. A. G., pp. 20, 613, 614, 617, 834, edition 1912. MILITARY LAWS OF THE UNITED STATES. 391 tion to become a citizen, be admitted a citizen of the United States ; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protec- tion as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. Sec. 2174, R. S. (This would apply to members of the crew of an Army transport vessel.) MISCELLANEOUS PROVISIONS. 1067. Exemption from arrest-for debt. No enlisted man shall, dur- ing his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first contracted. Sec. 1237, R. S. 1068. Enlisted men not to ~be used as servants. No officer shall use an enlisted man as a servant in any case whatever. Sec. 123%, R. S. 1069. Employment as stenographers. Hereafter enlisted men may be detailed to serve as stenographic reporters for general courts- martial, courts of inquiry, military commissions, and retiring boards, and while so serving shall receive extra pay at the rate of not ex- ceeding five cents for each one hundred words taken in shorthand and transcribed, such extra pay to be met from the annual appro- priation for expenses of courts-martial, and so forth. Act of Aug. 24,1912 (37 S tat. 575). 1070. Remount detachments at remount depots. That hereafter from the enlisted force of the Army now provided by law the Presi- dent may authorize the organization of remount detachments at each of the remount depots, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such remount depot: Provided, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Mar. 3, 1911 (36 Stat. 1049). CHAPTER THE TKOOPS OF THE LINE. Par. Cavalry 1071-1080 Same organization of regiment 1071 Same colored regiments 1072 Same may be dismounted 1073 Same organization of troops. . . 1074 Same increase of corporals and fc privates 1075 Same bands, organization 1076 Same details, regimental staff, etc 1077 Same veterinarians, pay and allowances 1078 Same retirement of 1079 Same remount detachments. . 1080 The Artillery Corps 1081-1094 Same organization 1081 Same shall comprise two branches 1082 Same 1083 Same separation of branches; officers to temporarily form one list, etc 1084 Same vacancies caused by separation to be filled accord- ing to seniority 1085 Coast Artillery to constitute corps 1086 Same composition and duties. 1087 Par. The Artillery Corps Continued. Same company organization; total strength 1088 Same bands 1089 Field Artillery organization . . 1090 Same battery, organization; maximum enlisted strength not to be increased 1091 Same regimental and battalion noncommissioned staff officers, etc 1092 Same composition and duties . 1093 Same bands 1094 Infantry 1096-1104 Same organization of regiment 1095 Same colored regiments 1096 Same company organization. . 1097 Same increase as to noncom- missioned officers and privates 1098 Same bands, organization of.. 1099 Same details, regimental staff, etc 1100 Vacancies, how filled 1101 Same after promotions 1102 Same appointment of enlisted men 1103 Prison guard, organization of . . . 1104 Maximum strength 1105 CAVALRY. 1071. Same Organization of regiment. Each regiment of cavalry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants ; two veterinarians, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, three squadron sergeants-major, two color- sergeants with rank, pay, and allowances of squadron sergeant- major, one band, and twelve troops organized into three squadrons of four troops each. 1 Sec. 2, Act of Feb. 2, 1911 (31 Stat. 748} . x This enactment replaces section 1102, Revised Statutes, and section 2. act of March 2, 1899, in pari inateria. Section 28 of the act of February 2, 1901 (31 Stat. 755), contained the requirement that "vacancies in the grade of field 393 394 MILITARY LAWS OF THE UNITED STATES. 1072. Same Colored regiments. The enlisted men of two regi- ments of cavalry shall be colored men. Sec. 1104, R. S. 1073. Same May ~be dismounted. Any portion of the cavalry force may be armed and drilled as infantry, or dismounted cavalry, at the discretion of the President. Sec. 1105, R. S. 1074. Same Organization of troops. Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, six sergeants, six cor- porals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters, and forty-three privates, the commissioned officers to be assigned from those hereinbefore authorized : x Provided, That one of the two " blacksmiths and farriers " now authorized by law for each troop of cavalry shall hereafter be designated " farrier." and the other " horseshoer," and that the additional pay of nine dol- lars per month provided for " one blacksmith and farrier in each troop of cavalry for performing the duty of horseshoer " in the Act of Congress approved May eleventh, nineteen hundred and eight, shall be paid to the soldier designated as " horseshoer." Sec. 2, Act of Feb. 2, 1901 (31 Stat. 748), as amended ly Act of Mar. 3, 1909 (35 Stat., 735). officers and captain created by this act in the cavalry, artillery, and infantry shall be filled by promotion, according to seniority in each branch, respectively. For the method of filling vacancies created by the act of February 2, 1901, in the grades of first and second lieutenants, see paragraph 1102, post. Of the several cavalry regiments now composing the peace establishment, the first, a regiment of dragoons, was authorized by the act of March 2, 1833 (4 Stat. 652). A second regiment of dragoons was authorized by the act of May 23, 1836 (5 Stat. 32). The second regiment of dragoons was converted into a regiment of riflemen by the act of August 23, 1842 (5 Stat. 512), but was reconverted into a regiment of dragoons by the act of April 4, 1844 (5 Stat. 654). A regiment of mounted riflemen was added to the establishment by the act of May 19, 1846 (9 Stat. 13). Two regiments of cavalry (known as the First and Second) were authorized by the act of March 3, 1855 (10 Stat. 635), A third regiment of cavalry was organized by order of the President on May 4, 1861, confirmed by the act of July 29, 1861 (12 Stat. 279). In accordance with the authority conferred by the act of August 3, 1861, the six mounted regiments of the Army were consolidated into one corps and designated as follows : The First Regiment of Dragoons, as the First Cavalry. The Second Regiment of Dragoons, as the Second Cavalry. The Regiment of Mounted Riflemen, as the Third Cavalry. The First Regiment of Cavalry, as the Fourth Cavalry. The Second Regiment of Cavalry, as the Fifth Cavalry. The Third Regiment of Cavalry, as the Sixth Cavalry. Four regiments of cavalry, the Seventh, Eighth, Ninth, and Tenth, the Ninth and Tenth composed of colored men, were added to the establishment under the authority conferred by the act of July 28, 1866 (14 Stat. 332) ; the Eleventh, Twelfth, Thirteenth, Fourteenth, and Fifteenth were added by section 2, act of February 2, 1901 (31 Id., 748). 1 This enactment replaces section 1103, Revised Statutes, and section 2, act of March 2, 1899 (30 ibid., 977). Since 1883 companies of cavalry have been designated as troops. (Circulars 8 and 9, A. G. O., of 1883.) By General Orders, Nos. 79 and 120, of 1890, the enlisted men of Troops L and M of each regiment of cavalry were distributed among the other troops. By General Orders, No. 27, of 1898, issued at the out- break of the war with Spain, the skeletonized troops were reestablished and restored to the status occupied by them prior to the skeletonization in 1890, MILITARY LAWS OF THE UNITED STATES. 395 1075. Same Increase of corporals and privates. The President, in his discretion, may increase the number of corporals in any troop of cavalry to eight, and the number of privates to seventy-six, but the number of enlisted men authorized for the whole Army shall not at any time be exceeded. Sec. 2, Act of Feb. 2, 1901 (31 Stat. 748). 1076. Same Bands, organization. Each cavalry band shall consist of one chief musician ; one chief trumpeter ; one principal musician ; one drum major, who shall have the rank, pay, and allowances of a first sergeant; four sergeants; eight corporals; one cook, and eleven privates. 1 Sec. 2, Act of Mar. 2, 1899 (30 Stat. 977). 1077. Same Details, regimental staff, etc. Of the officers herein provided, the captains and lieutenants not required for duty with the troops shall be available for detail as regimental and squadron staff officers and such other details as may be authorized by law or regulations. 2 Sec. 2, Act of Pel. 2, 1901 (31 Stat. 748). 1 Section 2 of the act of February 2, 1901 (31 Stat. 748), provides that each cavalry band shall be organized as now provided by law. As to monthly pay of bands, and restrictions upon their furnishing music outside the limits of military posts in competition with local civilian musicians see paragraph 701, ante. 2 The act of August 24, 1912 (37 Stat. 571), provides that hereafter in time of peace whenever any officer holding a permanent commission in the line of the Army with rank below that of major shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company of that branch of the Army in which he shall hold said commis- sion, such officer shall not be detached nor permitted to remain detached from such troop, battery, or company for duty of any kind ; arid all pay and allow- ances shall be forfeited by any superior for any period during which, by his order, or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this proviso, etc. By joint resolution of August 24, 1912 (37 Stat. 645), the operation of this proviso was postponed until on and after December 15, 1912. For composition, duties, etc., of the regimental, battalion, and squadron staff see paragraphs 248-255, Army Regulations, 1913. That hereafter, in determining the eligibility, under the provisions of the act of Congress approved August 24, 1912, of troop, battery, or company officers for detail as officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually performed by any such officer with troops prior to December 15, 1912, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a battery, company, or troop : Provided further, That regimental, battalion, and squadron quarter- masters and commissaries shall hereafter be required to perform the duties of officers of the Quartermaster Corps, including the receipting for any money or property pertaining to said corps when no officer of the Quartermaster Corps is present for such duties, and nothing contained in the Army appropriation act approved August 24, 1912, shall hereafter be held or construed so as to prevent competent authority from requiring any officers of the Army to act temporarily as quartermasters wherever there shall be no officers of the Quartermaster Corps and no regimental, battalion, or squadron quartermasters or commissaries present for such duty. (Act of Mar. 2, 1913 (37 Stat. 706).) That after September 1, 1914, in time of peace, whenever any officer holding a permanent commission in the line of the Army, with rank of colonel, lieuten- ant colonel, or major, shall not have been actually present for duty for at least two years of the last preceding six years with a command composed of not less than two troops, batteries, or companies of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such command for duty of any kind except as here- 396 MILITARY LAWS OF THE UNITED STATES. 1078. Same Veterinarians, pay and allowances. The grade of veterinarian of the second class in cavalry regiments, United States Army, is hereby abolished, and hereafter the two veterinarians au- thorized for each cavalry regiment and the veterinarians author- ized for the Artillery Corps shall receive the pay and allowances of second lieutenants, mounted. 1 Sec. W, Act of Feb. 2, 1901 (31 Stat. 753); Act of Mar. 2, 1901 (id., 901). 1079. Same Retirement of. Hereafter so much of section twenty, of the Act approved February second, nineteen hundred and one, as provides that veterinarians shall receive the pay and allowances of second lieutenants, mounted, shall be interpreted to authorize their retirement under the laws governing the retirement of second lieu- tenants. Act of Mar. 3, 1911 (36 Stat. 1042). 1080. Same Remount detachments. That hereafter from the en- listed force of the Army now provided by law the President may authorize the organization of remount detachments at each of the remount depots, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such re- inafter specifically provided; and all pay and allowances shall be forfeited by any superior for any period during which, by his order or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or per- mitted to remain detached in violation of any of the terms of this act; but nothing in this act shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the organization or command to which he shall belong in that branch in which he shall hold a permanent commission; nor shall any- thing in this act be held to apply to the detachment or detail of officers for duty in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in connection with the Alaska Road Commission or the Alaska Railroad or the Bureau of Insular Affairs; and nothing in this act shall prevent the redetail of officers above the grade of major to fill vacancies in the various staff corps and departments as provided for by section 26 of the act of Congress approved February 2, 1901 : Provided further, That whenever the service record of any field officer is to be ascer- tained for the purposes of this act, all duty actually performed by him, during the last preceding six years, in a grade below that of major, in connection with any statutory organization of that branch of the Army in which he shall hold a permanent commission, or as a staff officer of any coast-defense or coast- artillery district, shall be credited to him as actual presence for duty with a command composed as hereinbefore prescribed : And provided further, That temporary duty of any kind hereafter performed with United States troops in the field for a period or periods the aggregate of which shall not exceed 60 days in any one calendar year, and duty hereafter performed in command of United States Army mine planter by an officer assigned to a company from which this detachment is drawn, and duty hereafter performed in command of a machine-gun platoon or a machine-gun unit, by any officer who, before assign- ment to such duty, shall have been regularly assigned to, and shall have en- tered upon duty with, an organization or a command the detachment of certain officers from which is prohibited by the act of Congress approved August 24, 1912, or by this act, shall, for the purposes of said acts, hereafter be counted as actual presence for duty with such organization or command. (Act of Apr. 27, 1914, Pub. No. 91, 38 Stat. .) 1 This enactment replaces section 1102, Revised Statutes, and section 2, act of March 2, 1899. (30 Stat. 977,) MILITARY LAWS OF THE UNITED STATES. 397 mount depot: Provided, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Mar. 3, 1911 (36 Stat. 1049). THE ARTILLERY CORPS. 1 1081. Same Organization. The regimental organization of the artillery arm of the United States Army is hereby discontinued, and that arm is constituted and designated as the artillery corps. It shall be organized as hereinafter specified and shall belong to the line of the Army. Sec. 3, act of Feb. 2, 1901 (31 Stat. 748). 1082. Same /Shall comprise two branches. The artillery corps shall comprise two branches the coast artillery and the field artil- lery. The coast artillery is defined as that portion charged with the care and use of the fixed and movable elements of land and coast fortifications, including the submarine and torpedo defenses; and the field artillery as that portion accompanying an army in the field, and including field and light artillery proper, horse artillery, siege artillery, mountain artillery, and also machine-gun batteries: Pro- vided, That this shall not be construed to limit the authority of the Secretary of War to order coast artillery to any duty which the public service demands, or to prevent the use of machine or other field guns by any other arm of the service under the direction of the Secretary of War. 3 Sec. 4, Act of Feb. 2, 1901 (31 Stat. 749). 1083. Same. The artillery of the United States Army shall consist of the Chief of Artillery, the coast artillery, and the field artillery. The coast artillery and the field artillery shall be organized as here- inafter specified, and the artillery shall belong to the line of the Army: Provided, That on and after July first, nineteen hundred and eight, the Chief of Artillery shall cease to exercise supervision *At the general reduction of the Army, effected in pursuance of the act of March 2, 1821 (3 Stat. 615), the artillery was consolidated into four regiments of nine companies each, one of which, in each regiment, was to be designated and equipped as light artillery. The Ordnance Department was merged in the artillery, a supernumerary captain, for ordnance duty, was added to each regi- ment, and the President was authorized " to select from the regiments of ar- tillery such officers as may be necessary to perform ordnance duties who, while so detached, shall be subject only to the orders of the War Department." The Ordnance Department was separated from the artillery by the act of May 25. 1832 (4 Stat. 605). One company was added to each regiment by the act of July 5, 1838 (5 Stat. 256), and two companies by section 18 of the act of March 3, 1847 (9 Stat. 184), making twelve companies in all. The act of March 3, 1847, authorized the President to designate an additional company Ui each regiment to be armed and equipped as light artillery. The fifth regiment was added, as a regiment of light artillery, by order of the President, on May 5, 1861, the organization being confirmed by the act of July 29, 1861 (12 Stat. 279). The sixth and seventh regiments were added, and the organization of the first five regiments modified, by the act of March 8, 1898 (30 Stat. 261). This section replaces sections 1099-1101, Revised Statutes, the act of March 8, 1898 (30 id., 261), and section 3. act of March 2, 1899 (id., 977). 1 See section 1, act of January 25, 1907 (34 Stat. 861), paragraph 1083, post, 398 MILITAKY LAWS OF THE UNITED STATES. over the field artillery and shall thereafter be designated as the Chief of Coast Artillery. 1 Sec. 1, Act of Jan. 25, 1907 (34 Stat. 861). 1084. /Same Separation of branches; officers to temporarily form one list, etc. On and after the approval of this Act the coast artillery and the field artillery shall be permanently separated, the separa- tion to be effected as follows : All officers in the present Artillery Corps shall remain on one list as regards promotion until sufficient promotions shall have been made as far as the present number of officers permit, to provide in each grade, together with the officers remaining therein, the total number of officers of the grade provided for in this Act for the coast and field artillery combined. After such promotion they shall, in each grade, together with the officers remaining therein, the total the field artillery, according to special aptitude and qualifications and agreeably to individual preference, so far as may be practicable and for the good of the service, such assignments to be permanent; and all officers promoted or appointed in the artillery thereafter shall be commissioned as officers of the coast artillery or the field artillery, as the case may be, and shall be promoted by seniority in their own branch, subject to the provisions of the laws governing promotion in the Army at large. Sec. 9, id., 863. 1085. Same Vacancies caused ~by separation to l>e -filled according to seniority. All vacancies created or caused by this Act which can be filled by promotion of officers now in the Artillery Corps shall be filled by promotion according to seniority, subject to examination as now prescribed by law. Of the vacancies created or caused by this Act which can not be filled by promotion of officers now in the Artil- lery Corps, one-fifth in each branch shall be filled in each fiscal year until the total number of officers herein provided for shall have been attained. The vacancies remaining in the grade of second lieutenant shall be filled by appointment in the following order : First, of gradu- ates of the United States Military Academy ; second, of enlisted men whose fitness for advancement shall have been determined by com- petitive examination; third, of candidates from civil life; and all such appointments shall be made in accordance with the provisions of existing law. Sec. 10, id. 1086. Coast Artillery to constitute corps. The coast artillery shall constitute a corps, and shall consist of one Chief of Coast Artillery with the rank, pay, and allowances of a brigadier-general, as pro- vided in section one of this Act ; fourteen colonels ; fourteen lieuten- ant-colonels ; forty-two majors; two hundred and ten captains; two hundred and ten first lieutenants, and two hundred and ten second 1 See section 4, act of February 2, 1901 (31 Stat. 749), paragraph 1082, ante. MILITARY LAWS OF THE UNITED STATES. 399 lieutenants; and the captains and lieutenants provided for in this section not required for duty with companies shall be available for duty as staff officers of the various coast artillery commands and for such other details as may be authorized by law and regulations; 1 twenty-one sergeants-major with the rank, pay, and allowances of regimental sergeants-major of infantry; twenty-six master electri- cians; sixty engineers; seventy-four electrician-sergeants, first class; seventy-four electrician-sergeants, second class; forty-two sergeants- major with the rank, pay, and allowances of battalion sergeants- major of infantry; forty-two master gunners; sixty firemen; one hundred and seventy companies, and fourteen bands, organized as now provided for by law for artillery corps bands. Sec. 5, id., 861. 1087. Same Composition and duties. The coast artillery is the artillery charged with the care and use of the fixed and movable ele- ments of land and coast fortifications, including the submarine mine and torpedo defenses. Sec. 3, id. 1088. Same Company organization- total strength. Each com- pany of coast artillery shall consist of one captain, one first lieu- tenant, one second lieutenant, one first sergeant, one quartermaster- sergeant, two cooks, two mechanics, two musicians, and such number of sergeants, corporals, and privates as may be fixed by the President in accordance with the requirements of the service to which it may be assigned: Provided, That the total number of sergeants and cor- porals in the coast artillery, so fixed, shall not exceed one thousand three hundred and sixty and two thousand and forty, respectively, and that the total enlisted strength of the coast artillery, as pro- vided under this Act, shall not exceed nineteen thousand one hun- dred and forty-seven, exclusive of master electricians, electrician- sergeants, first class, and electrician-sergeants, second class. Sec. 6, id., 862. 1089. Same Bands. Fourteen bands, organized as now provided for by law for artillery corps bands. 2 Sec. 5, id. 1090. Field Artillery, organization. The field artillery shall con- sist of six regiments, each organized as follows: One colonel, one lieutenant-colonel, two majors, eleven captains, thirteen first lieu- tenants, and thirteen second lieutenants; two veterinarians, one ser- *As to the law governing length of details. (Manchu legislation.) See note, paragraph 1077, ante. 2 By section 3, act of March 2, 1S99 (30 Stat. 978), it is provided that each artillery band shall consist of one chief musician, one chief trumpeter, one principal musician, one drum-major, who shall have the rank, pay, and allow- ances of a first sergeant, four sergeants, eight corporals, one cook, and eleven privates. The act of February 2, 1901 (31 Stat 749), in its provision for the organiza- tion of the Artillery Corps, authorized ten bauds, organized as now authorized by law for artillery regiments. 400 MILITARY LAWS OF THE UNITED STATES. geant-major, one quartermaster-sergeant, one commissary- sergeant, two battalion sergeants-major, two battalion quartermaster-ser- geants, two color-sergeants, one band, and six batteries organized into two battalions of three batteries each. Of the officers herein provided the captains and lieutenants not required for duty with bat- teries shall be available for detail as regimental and battalion staff officers, and for such other details as may be authorized by law and regulations. 1 Battalion adjutants shall be detailed from the captains, and battalion quartermasters and commissaries from lieutenants. Each field artillery band shall be organized as provided by law for cavalry bands: Provided, That the President in his discretion may increase by nine mounted orderlies the regimental strength herein authorized. Sec. 7, id. 1091. Same Battery, organization; maximum enlisted strength not to be increased. Each battery of field artillery shall consist of one captain, two first lieutenants, two second lieutenants, one first sergeant, one quartermaster-sergeant, one stable sergeant, one chief mechanic, six sergeants, twelve corporals, four mechanics, three cooks, two musicians, and one hundred and tAvo privates, the commissioned officers to be assigned from among those hereinbefore authorized for the regiment: Provided, That the President in his discretion may increase the number of sergeants in any battery of field artillery to eight, the number of corporals to sixteen, the number of mechanics to seven, the number of musicians to three, and the number of privates to one hundred and forty-nine: Provided further, That nothing contained in this Act shall increase the total number of en- listed men in the line of the Army, together with the native scouts, as authorized by section thirty-six of the Act of Congress approved February second, nineteen hundred and one, entitled "An Act to in- crease the efficiency of the permanent military establishment of the United States." Sec. 8, id. 1902. Same Regimental and battalion noncommissioned staff officers, etc. The regimental and battalion noncommissioned staff officers herein authorized for regiments of field artillery shall have the pay and allowances of corresponding grades in the cavalry ; the battalion quartermaster-sergeant shall have the pay and allowances of sergeant-major, junior grade, of the Artillery Corps; the chief mechanic the pay and allowances of sergeant, and the mechanics of field artillery the pay and allowances of artificers of field artillery; engineer, sixty-five dollars a month and allowances of ordnance-ser- geant ; electrician-sergeant, first class, forty-five dollars a month and allowances of ordnance-sergeant; electrician-sergeant, second class, *As to the law governing length of details (Mancliu legislation), see note, paragraph 1077, ante. MILITARY LAWS OF THE UNITED STATES. 401 thirty-five dollars a month and allowances of ordnance-sergeant; master gunner, the pay and allowances of ordnance-sergeant; fire- man, thirty dollars a month and allowances of ordnance-sergeant; and that the rates of pay of all other enlisted men of the coast and the field artillery shall be as now provided by law : Provided, That casemate electricians, observers, first class, and plotters shall receive nine dollars a month in addition to their pay; that chief planters, chief loaders, observers, second class, gun commanders, and gun pointers shall receive seven dollars a month in addition to their pay, and that first-class gunners shall receive two dollars a month and second-class gunners one dollar a month in addition to their pay: Provided further, That the number of casemate electricians shall not exceed forty-four; that the numj>er of observers, first class, shall not exceed one hundred and seventy; that the number of plotters shall not exceed one hundred and seventy; that the number of chief planters shall not exceed forty-four; that the number of chief loaders shall not exceed forty- four; that the number of observers, second class, shall not exceed one hundred and seventy ; that the number of gun commanders shall not exceed three hundred and seventy-eight, and that the number of gun pointers shall not exceed three hundred and seventy-eight : And provided further, That no enlisted man shall receive under this section more than one addition to his pay. 1 Sec. 11, id., 863. 1093. Same Composition and duties. The field artillery is the artillery which accompanies an army in the field, and includes light- artillery, horse artillery, siege artillery, and mountain artillery. Sec. 4, id., 861. 1094. Same Bands. Each field artillery band shall be organized as provided by law for cavalry bands : 2 Provided, That the President in his discretion may increase by nine mounted orderlies the regi- mental strength herein authorized. Sec. 7, id., 862. INFANTRY. 1095. Same Organization of regiment. Each regiment of infan- try shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieuten- ants, one sergeant-major, one quartermaster-sergeant, one commis- sary-sergeant, three battalion sergeants-major, two color-sergeants, with rank, pay, and allowances of battalion sergeants-major, one 1 As to pay, however, see Chapter XVIII. the Quartermaster Corps, pay of enlisted men, paragraphs G95 and 697-8, ante. " See paragraph 1076, ante, which provides that each cavalry band shall consist of one chief musician, one chief trumpeter, one principal musician, one drum ma.ior, who shall have the rank, pay, and allowances of a first sergeant, four sergeants, eight corporals, one cook, and eleven privates. 48985 15 26 402 MILITAKY LAWS OF THE UNITED STATES. band, and twelve companies, organized into three battalions of four companies each. 1 Sec. 10, Act of Feb. 8, 1901 (31. Stat. 750). 1096. Same Colored regiments. The enlisted men of two regi- ments of infantry shall be colored men. Sec. 1108, R. S. 1 This enactment replaces section 1106, Revised Statutes, and section 4, act of March 2, 1899 (30 Stat. 977), in pari materia. Section 28 of -the act of Feb- ruary 2, 1901 (31 Stat. 755), contained the requirement that "vacancies in the grade of field officers and captain created by this act in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch respectively." For method of filling vacancies created by that enactment in the grades of first and second lieutenant, see paragraphs 1102 and 1103, post. The First Regiment of infantry was authorized by the act of April 30, 1790 (1 Stat. 119), the Second by the act of March 3, 1791 (id. 222), the Third and Fourth by the act of May 30, 1796 (id. 483), the Fifth, Sixth, and Seventh regiments by the act of June 26, 1812 (2 Stat. 764), and the number of regi- ments of infantry was fixed at seven by the act to reduce and fix the military establishment, approved March 2, 1821. The Eighth Regiment was added by the act of July 5, 1838, and the President was authorized, " whenever he may deem it expedient, to cause not exceeding two of the regiments of infantry to be armed and equipped as regiments of riflemen, and one other of the regiments of infantry to be armed and equipped and to serve as a regiment of light infantry." The Ninth and Tenth regiments were authorized by the act of March 3, 1855 (10 Stat. 701). The Eleventh to the Nineteenth Regiments, inclusive, were organized by order of the President on May 4, 1861, the organization being confirmed by the act of July 29, 1861 (12 Stat. 279). Twenty-five regiments, from the Twentieth to the Forty-fifth, inclusive, were authorized by the act of July 28, 1866, of which four, from the Thirty-eighth to the Forty-first, inclu- sive, were to be composed of colored men, and four, from the Forty-second to the Forty-fifth, inclusive, were to be composed of men who had been wounded in line of duty and were to constitute a Veteran Reserve Corps. At the reduc- tion effected in pursuance of section 2 of the act of March 3, 1869 (15 Stat. 318), the number of infantry regiments was reduced to twenty-five. In effect- ing the consolidation required by the act above cited, the designations of the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Twentieth, and Twenty-third regiments were not changed ; the Eleventh Regiment was formed, by consolidation, from the Twenty-fourth and Twenty-ninth; the Fourteenth from the Fourteenth and Forty-fifth; the Fifteenth from the Fifteenth and Thirty-fifth ; the Sixteenth from the Eleventh and Thirty-fourth; the Seventeenth from the Seventeenth and Forty-fourth; the Eighteenth from the Eighteenth and Twenty-fifth; the Nineteeth from the Nineteeth and Twenty-eighth; the Twenty-first from the Twenty-first and Thirty-second; the Twenty-second from the Twenty-second and Thirty-first; the Twenty-fourth from the Thirty-eighth and Forty-first; the Twenty-fifth from the Thirty-ninth and Fortieth. Five new regiments, from the Twenty- sixth to the Thirtieth, inclusive, were added by section 10, act of February 2, 1901 (31 Stat. 750). The regiments organized prior to the 4th of May, 1861, were composed of ten companies each; those organized by Executive order of that date were each composed of three battalions of eight companies each. The organization pre-. scribed by the act of July 28, 1866, fixed the organization of an infantry regi- ment at 10 companies, of a cavalry regiment at twelve companies, and a regi- ment of artillery at the same number. By the act of April 26, 1898 (30 Stat. 364), a battalion organization was adopted for the infantry, each regiment being composed of two battalions of four companies each, and of two skeleton, or unmanned companies. Upon a declaration of war by Congress, the President was authorized to organize a third battalion, to be composed of the two skeleton companies and two addi- tional companies. By section 4 of the act of March 2, 1899 (30 Stat. 977). the regimental organization of infantry was made to consist of three battalions of four companies each; by section 15 of the same enactment, however, the regi- mental organization, as it existed on April 1, 1898, was required to be restored by the discharge of supernumerary officers and 'enlisted men. The artillery regiments were exempted from this reduction. MILITAKY LAWS OF THE UNITED STATES. 403 1097. Same Company organization. Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and forty-eight privates, the commissioned officers to be assigned from those herein- before authorized. 1 Sec. 10, Act of Feb. 0, 1901 (31 Stat. 750). 1098. Same Increase as to noncommissioned officers and pri- vates. The President, in his discretion, may increase the number of sergeants in any company of infantry to six, the number of corporals to ten, and the number of privates to one hundred and twenty-seven, but the total number of enlisted men authorized for the whole Army shall not at any time be exceeded. Id. 1099. Same Bands, organization of. Each infantry band shall consist of one chief musician, one principal musician, one drum- major, who shall have the rank, pay, and allowances of a first ser- geant, four sergeants, eight corporals, one cook, and twelve privates. 2 Sec. 4, Act of Mar. 2, 1899 (30 Stat. 978} . 1100. Same Details, regimental staff, etc. Of the officers herein provided, the captains and lieutenants not required for duty with the companies shall be available for detail as regimental and bat- talion staff officers and such other details as may be authorized by law or regulation. 3 Sec. 10, Act of Feb. 2, 1901 (31 Stat. 750). 1101. Vacancies, how -filled. Vacancies in the grade of field officers and captain created by this act, in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch respectively. Sec. 28, id., 755. 1102. Same After promotions. Vacancies existing after the pro- motions have been made shall be provided for as follows : A sufficient number shall be reserved in the grade of second lieutenant for the next graduating class at the United States Military Academy. Persons not over forty years of age who shall have, at any time, served as volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, may be ordered before boards of officers for such ex- amination as may be prescribed by the Secretary of War, and those who establish their fitness before these examining boards may be appointed to the grades of first or second lieutenant in the Regular Army, taking rank in the respective grades according to seniority as determined by length of prior commissioned service; but no per- son appointed under the provisions of this section shall be placed 1 See note to paragraph 1095, ante. * Section 10, act of February 2, 1901 (31 Stat. 750), contained the requirement that "each infantry band shall be organized as now required by law." (See note, par. 1095, ante.) 'As to the law governing length of details (Manchu legislation), see note to paragraph 1077, ante. 404 MILITARY LAWS OF THE UNITED STATES. above another in the same grade with longer commissioned service, and nothing herein contained shall change the relative rank of offi- cers heretofore commissioned in the Regular Army. Id. 1103. Same Appointment of enlisted men. Enlisted men of the Eegular Army or volunteers may be appointed second lieutenants in the Regular Army to vacancies created by this act, provided that they shall have served one year under the same conditions now authorized by law for enlisted men of the Regular Army. Id., 756. 1104. Prison guard Organization of. Hereafter recruit and prison companies shall have noncommissioned officers, musicians, artificers and cooks of the numbers and grades allowed by law for companies of infantry. Act of Mar. 2, 1907 (34 Stat. 1160). MAXIMUM STRENGTH. 1105. The President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this act during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct. 1 Sec. 30, Act of Fel. 2, 1901 (31 Stat. 756). 1 For the maximum strength referred to in this section, see, as to the cavalry troop, section 2, act of February, 1901 (31 Stat. 748), paragraph 1075, ante; as to the artillery arm, see section 6, ibid., paragraphs 1088-1091, ante; as to the infantry company, see section 10, ibid., paragraphs 1097-1098, ante; as to the engineer company, see section 11, ibid., paragraph 796, ante; for a similar authority to increase the strength of the several organizations in time of war, see the act of April 26, 1898 (30 Stat. 364). Section 36, act of February 2, 1901 (31 Stat. 757), contains the requirement that the " total of the enlisted men of the line of the Army, together with the native force therein authorized, shall not exceed, at any time, one hundred thousand men." CHAJPTER XXVIII. THE UNITED STATES MILITAEY ACADEMY THE AEMY WAK COLLEGE THE SERVICE SCHOOLS. Par. Military and academic staff.. 1106-1138 Officers, professors, and instruc- tors 1106 Supervision of the academy. . . 1107 Appointment of officers and pro- fessors 1108 Selection of officers 1109 Rank of superintendent and commandant 1110 Superintendent in command of academy and post 1111 Commandant in command of battalion of cadets 1112 Superintendent and comman- dant, pay and allowances... 1113 Command of academic staff 1114 Leave of absence of superin- tendent 1115 Professor of law, assignment. . . 1116 Associate professor of mathe- matics 1117 Associate professor of modern languages 1118 Professor of ordnance and gun- nery 1119 Assistant professors of ordnance and gunnery 1120 Professor of English and history . 1121 Assistant professors of English and history 1122 Instructor of military hygiene. . 1123 Professor of military hygiene. . . 1124 Professors, pay and allowances. 1125 Professors and associate profes- sors, rank 1126 Assistant professors, pay and al- lowances 1127 Assistant instructors of tactics, pay and allowances 1128 Professors, retirement 1129 Restriction on detail of gradu- ates as professors and instruc- tors 1130 Master of the sword, rank and pay 1131 Par. Military and academic staff Contd. Same 1132 Chaplain, appointment and ten- ure 1133 Librarian; assistant librarian... 1134 Adjutant 1135 Quartermaster and commissary of cadets 1136 Constructing quartermaster 1137 Leave of absence of officers, pro- fessors, etc 1138 The corps of cadets 1139-1164 Number and appointment 1139 Number at large 1140 Increase in corps 1141 Appointee from Porto Rico 1142 Appointees from the Philippine Islands 1143 Appointees from the District of Columbia 1144 Appointment in advance 1145 Age of appointees 1146 Qualifications for admission 1147 Physical examination 1148 Dates of admission 1149 Oath 1150 Engagement for service 1151 Traveling expenses of candi- dates 1152 Pay and allowances 1153 Graduation and commission 1154 One additional officer only to each company 1155 Pay of graduated cadets 1156 Mileage of graduated cadets from home to first station 1157 Organization into companies... 1158 Liability to duty 1159 No study on Sunday 1160 Instruction in physiology, etc. . 1161 Deficient cadets 1162 Courts-martial for trial of ca- dets 1163 Hazing 1164 405 406 MILITARY LAWS OF THE UNITED STATES. Par. Military Academy Band 1165-1167 Organization and allowances... 1165 Pay 1166 Music furnished outside of reser- vation 1167 Detachments of enlisted men. 1168-1171 Army service men, Quartermas- ter Corps 1168 Same not entitled to extra duty 1169 Restriction on strength of de- tachments 1170 Engineer detachment 1171 The library 1172-1173 Senate documents for library. . . 1172 Depository of Government pub- lications 1173 The Board of Visitors 1174-1175 How constituted and appointed. 1174 Duties... . 1175 Par. Miscellaneous 1176-1188 Additional pay of certain enlist- ed men 1176 Contingencies of superintend- ent 1177 Contingent fund '. 1178 Proceeds of sale of unserviceable material 1179 The Cullum Memorial Hall 1180 Buildings for religious worship. 1181 The Army War College 1182 The service schools 1183 The engineer school 1184 The Artillery schools 1185 The Mounted Service School.. 1186 Leaves of absence of instructors at service schools 1187 Prizes for graduates from Army schools for bakers and cooks. 1188 THE MILITARY ACADEMY. 1 1106. Officers, Professors, and Instructors. The United States Military Academy at West Point, in the State of New York, 1 shall be constituted as follows: There shall be one superintendent; one commandant of cadets; one senior instructor in the tactics of artil- lery; one senior instructor in the tactics of cavalry; one senior in- structor in the tactics of infantry; one professor and one assistant professor of civil and military engineering ; 2 one professor and one assistant professor of natural and experimental philosophy ; 3 one professor and one assistant professor of mathematics ; 4 one professor and one assistant professor of chemistry, mineralogy, and geology ; 5 one professor and one assistant professor of drawings ; 6 one pro- 1 The Military Academy was established in pursuance of authority conferred by the act of March 16, 1802 (2 Stat. 137), which contained a requirement authorizing the President to establish a corps of engineers : " The said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy." Sections 26 and 27, act of March 16, 1802 (2 Stat. 137). The post of West Point ceased to be an engineer station and the control of the Military Academy was transferred from the Chief of Engineers to such officer or officers as the Secretary of War may assign to that duty by the act of July 13, 1866 (14 Stat. 92). 2 The office of professor of civil and military engineering was established by section 2 of the act of April 29, 1802 (2 Stat. 720). 8 The office of professor of natural and experimental philosophy was estab- lished by section 2 of the act of April 29, 1802 (2 Stat. 702). 4 The office of professor of mathematics was established by section 2 of the act of April 29, 1802 (2 Stat. 702). The office of professor of chemistry, mineralogy, and geology was established by section 19 of the act of July 5, 1838 (5 Stat. 259). a The. office of teacher of drawing, first created by Executive order, received statutory recognition in section 2 of the act of April 29, 1812 (2 Stat. 720). The office of professor of drawing was established by section 3 of the act of August 8, 1846 (9 Stat. 161). MILITARY LAWS OF THE UNITED STATES. 407 f essor of modern languages ; 1 one assistant professor of the French language; one assistant professor of the Spanish language; 2 one assistant professor of law ; one adjutant; 3 one master of the sword; * and one teacher of music. Sec. 1309, R. S. 1107. Supervision of the Academy. The supervision and charge of the Academy shall be in the War Department, under such officer or officers as the Secretary of War may assign to that duty. 5 Sec. 1331. R.S. 1108. Appointment of Officers and Professors. The superintend- ent, the commandant of cadets, and the professors shall be appointed by the President. The assistant professors, acting assistant profes- sors, and the adjutant shall be officers of the Army, detailed and assigned to such duties by the Secretary of War, or cadets assigned by the superintendent, under the direction of the Secretary of War. Sec. 1313, R. S. 1109. Selection of Officers. The superintendent and commandant of cadets may be selected, and all other officers on duty at the Acad- emy may be detailed, from any arm of the service. Sec. 13H, R. S. 1110. Rank of Superintendent and Commandant. The superin- tendent and the commandant of cadets, while serving as such, shall 1 The office of teacher of French, first established by Executive regulation, received statutory recognition in section 2 of the act of April 29, 1802 (2 Stat. 702). The office of professor of French was established by section 3 of the act of August 8, 1846 (9 Stat. 361). The act of June 20, 1879 (21 Stat. 34), con- tained the requirement that * when a vacancy occurs in the office of professor of the French language or in the office of professor of the Spanish language in the Military Academy, both these offices shall cease, and the remaining one of the two professors shall be professor of modern languages; and thereafter there shall be in the Military Academy one, and only one, professor of modern languages." On June 30, 1882, a vacancy having occurred in the office of pro- fessor of Spanish, the statute became operative and the offices of professor of French and professor of Spanish were merged, by operation of law, in the office of professor of modern languages. The office of professor of Spanish, created by section 2 of the act of February 15, 1857 (11 Stat. 161), ceased to exist, by operation of law, on June 30, 1882, having been merged in the office of professor of modern languages in conformity to section 4 of the act of June 20, 1879 (21 Stat. 34). For notes in respect to the establishment of the offices of instructor of ordnance and gunnery and practical military engineering, see notes 1 and 2 on page 411, post. 2 The offices of assistant professor of civil and military engineering, natural and experimental philosophy, and mathematics were established by section 2 of the act of April 29, 1812 (2 Stat. 720) ; that of chemistry, mineralogy, and geology by section 19 of the act of July 5, 1838 (5 Stat. 259) ; those of French and drawing by section 2 of the act of August 6, 1852 (10 Stat. 29; that of Spanish by section 3 of the act of February 28, 1867 (14 Stat. 416), and that of law by the act of January 5, 1895 (28 Stat. 630). 3 For the status of this office see paragraph 1135, post. * For the status of this office see paragraphs 1131 and 1132, post. "The Military Academy is exempted from the control and supervision of de- partment commanders by the terms of paragraph 191, Army Regulations of 1913, except as to the administration of military justice ; and the superintendent has power to convene general courts-martial for the trial of enlisted men. (Act of Mar. 2, 1913, 37 Stat. 722.) 408 MILITABY LAWS OF THE UNITED STATES. have, respectively, the local rank of colonel and lieutenant-colonel of engineers. 1 Sec. 1310, R. S. 1111. Superintendent in Command of Academy and Post. The superintendent, and, in his absence, the next in rank, shall have the immediate government and military command of the Academy, and shall be commandant of the military post of West Point. 2 Sec. 1311. E.S. 1112. Commandant in command of battalion of cadets. The com- mandant of the cadets shall have the immediate command of the battalion of cadets, and shall be instructor in the tactics of artillery, cavalry, and infantry. Sec. 1312, R. S. 1 The office of superintendent was created by section 28 of the act of March 16, 1802 (2 Stat. 137), which contained the requirement that "the principal engi- neer and, in his absence, the next in rank, shall have the superintendence of the Military Academy under the direction of the President of the United States." So much of the act of March 16, 1802, as restricted the appointment to this office to the Corps of Engineers was replaced by section 6 of the act of July 16, 1866 (14 Stat. 92), which vested the supervision of the Academy in the War Depart- ment, under such officer or officers as the Secretary of War may assign to that duty. By the act of January 12, 1858 (11 Stat 333), the local rank of colonel of engineers was conferred upon the superintendent. The act of June 20, 1840 (5 Stat. 398), contained the requirement that the commander of the corps of cadets should be either the instructor of infantry tactics, of cavalry or artillery tactics, or of practical engineering ; and his pay and emoluments were in no case to be less than those allowed by law to the professor of mathematics. By the act of June 12, 1858 (11 id., 333), the pay of this officer was fixed at that of a lieutenant-colonel. * The post of West Point is one of the military posts of the United States, and the appropriation for the construction of buildings at military posts is appli- cable to the erection of such quarters as are for the use of the military post at that place and independent of the Military Academy located there. (5 Comp. Dec., 812; 3 Dig. Dec. Sec. Comp., 216.) Expenditures for the support of the Military Academy must be limited to the amounts appropriated iii the acts for the support of the Academy, unless a contrary purpose on the part of Congress clearly appears in its legislation. (Id., 216.) Residents and visitors at the Academy. No person can be entitled, as a matter of right, to enter within the limits of this post unless he be authorized to do so by the laws of the United States, or by some officer having authority under the law to grant permission to enter such limits. The Superintendent of the Acad- emy, as commandant of this post, has a general authority to prevent any per- son in civil life residing permanently or temporarily at the post, or occasionally resorting to the post, from interrupting its discipline, or obstructing in any way the performance of the duties assigned by law to the officers and cadets. In the exercise of a sound discretion, the commandant of the post may therefore order from it any person not attached to it by law whose presence is, in his judgment, injurious to the interests of the Academy. And in case any person so ordered shall refuse to depart, after reasonable notice and within a reasonable time, having regard to the circumstances of the case, I think the Superintendent may lawfully remove him by force. (Ill Opin. Att. Gen , 268-273.) When, however, the United States have leased a dwelling house within the post belonging to them to an individual, they have no greater right than an individual would have in respect to the ejectment of the lessee. (Id.) No person has the right to enter the limits of the post of West Point, not even to visit the post-office there, unless specially authorized by the laws of the United States or by some officer having authority to grant permission. (Id.) The Superintendent of the Military Academy is not in general authorized to arrest and confine in the guardhouse a civilian for a mere breach of the police regulations of the post or Academy. His proper remedy is to have the offender removed as soon as practicable, and without unnecessary force, from the reser- vation. (Dig. Opin. J. A. G., p. 267, V. A. 3d (1).) MILITARY LAWS OF THE UNITED STATES. 409 1113. Superintendent and commandant, pay and allowances. The superintendent of the Military Academy shall have the pay of a colonel, and the commandant of cadets shall have the pay of a lieu- tenant-colonel. Sec. 1334, R. S. 1114. Command of academic staff. The academic staff, as such, shall not be entitled to any command in the Army separate from the Academy. Sec. 1314, R. S. 1115. Leave of absence of superintendent. Hereafter the Secre- tary of War may grant the superintendent of the academy leave of absence without deduction from pay or allowances for the same pe- riod that the superintendent may grant leave of absence to other officers of the academy under the provisions of section thirteen hun- dred and thirty of the Eevised Statutes. Act of Aug. 9, 1912 (37 Stat. 263}. 1116. Professor of law Assignment. The Secretary of War may assign one of the judge-advocates of the Army to be professor of law. Act of June 6, 1874 (18 Stat. 60). Provided, That the Sec- retary of War may, in his discretion, assign any officer of the Army as professor of law. 1 Act of June 1, 1880 (21 Stat. 153). 1117. Associate professor of mathematics. There shall be ap- pointed at the Military Academy from the Army, in addition to the professors authorized by the existing laws, an associate professor of mathematics, who shall receive the pay and allowances of a captain mounted, and when his service as associate professor of mathematics at the Academy exceeds ten years, he shall receive the pay and allow- ances of major; and hereafter there shall be allowed and paid to the said associate professor of mathematics ten per centum of his current yearly pay for each and every term of five years' service in the Army and at the Academy : Provided, That such addition shall in no case exceed forty per centum of said yearly pay; and said associate pro- fessor of mathematics is hereby placed upon the same footing as re- gards restrictions upon pay and retirement from, active service as officers of the Army. Act of Mar. 1, 1893 (27 Stat. 515) . 1118. Associate professor of modern languages. For pay of one associate professor of modern languages in addition to pay as cap- tain, five hundred dollars: Provided, That the Secretary of War shall assign an officer of the Army to the Military Academy as asso- ciate professor of modern languages, and that such officer, while so serving, shall receive the pay and allowances of a major. Act of Mar. 3,1903 (32 Stat. 1012). 1119. Professor of ordnance and gunnery. For pay of one pro- fessor of ordnance and science of gunnery (lieutenant-colonel), in addition to pay as major: Provided, That the position shall be filled x The acts of June 27, 1881 (21 Stat. 319), and June 30, 1882 (22 Stat. 125), contain a similar provision. 410 MILITARY LAWS OF THE UNITED STATES. by the detail of an officer of the Army, who, while so serving, shall have the title and status of other professors, * * * five hundred dollars. 1 Act of Mar. 2, 1907 (34 Stat. 1063). 1120. Assistant professors of ordnance and gunnery. For pay of nine assistant professors (captains), two of whom are hereby author- ized hereafter for the department of English and history and the department of ordnance and gunnery, one for each department, re- spectively, in addition to pay as first lieutenant, three thousand six hundred dollars. Act of Mar. 3, 1911 (36 Stat. 1016). 1121. Professor of English and history. The head of the depart- ment of English and history shall hereafter have the same status as the professors at the head of the other departments of instruction at the Military Academy, and the President of the United States is hereby authorized, by and with th'e consent of the Senate, to appoint a civilian in the department of English and history, United States Military Academy, a professor at the Military Academy, with the rank, pay, allowances, title, and status of the other professors : Pro- vided further, That the provisions of law relating to retirement for disability in line of duty shall not apply in the case of this professor until after he shall have served fifteen years at the Military Academy. Act of Apr. 19, 1910 (36 Stat. 31%). 1122. Assistant professors of English and history. Hereafter two assistant professors shall be authorized in the department of English and history, one for English and one for history. Act of Aug. 9, 1912 (37 Stat. 252). 1123. Instructor of military hygiene. The Secretary of War may detail an officer of the Medical Corps of the Army to the Military Academy as instructor of military hygiene. Act of Mar. ^, 1909 (35 Stat. 1028). 1124. Professor of military hygiene. Hereafter any officer detailed from the Medical Corps of the Army as senior medical officer of the post at the Military Academy, whose rank shall not be below that of lieutenant-colonel, shall be the professor of military hygiene. Act of Apr. 19, 1910 (36 Stat. 312). 1125. Professors, pay and allowances. Each of the professors of the Military Academy whose service as professor at the Academy exceeds ten years shall have the pay and allowances of colonel, and all other professors shall have the pay and allowances of lieu- tenant-colonels ; 2 and the instructors of ordnance and science of 1 See paragraph 1125, post. 2 The act of April 29, 1812 (2 Stat. 702), conferred upon the professor of natural and experimental philosophy the pay and emoluments of a lieutenant colonel ; and that of major upon the professors of engineering and mathematics. The professor of chemistry, mineralogy, and geology was placed upon the same footing, in respect to pay and emoluments, as the professor of mathematics, by section 19 of the act of July 5, 1838 (5 Stat. 259). By the act of March 3, 1851 (9 Stat. 594), the pay of the professors of engineering, natural and MILITAKY LAWS OF THE UNITED STATES. 411 gunnery 1 and of practical engineering 2 shall have the pay and allow- ances of major; and hereafter there shall be allowed and paid to the said professors ten per centum of their current yearly pay for each and every term of five years' service in the Army and at the Acad- emy: Provided, That such addition shall in no case exceed forty per centum of said yearly pay ; and said professors are hereby placed upon the same footing, as regards restrictions upon pay and retire- ment from active service, as officers of the Army. Sec. 1336, R. S. experimental philosophy, mathematics, and chemistry was fixed at $2,000 per annum, and that of the professors of French and drawing at $1,500 per annum these sums to be " in lieu of pay proper, ordinary rations, forage, and servants." By section 2 of the act of February 16, 1857 (11 Stat 161), the pay of profes- sor of Spanish was fixed at $2,000 per annum, subject to the restrictions contained in the act of March 3, 1851. By section 13 of the act of July 15, 1870 (16 Stat. 319), professors whose "service exceeded thirty-five years were to receive the pay and allowances of colonels; those whose service had been less than thirty-five years, but exceeded twenty-five years, were to receive the pay and allowances of lieutenant colonels, and all other professors were to receive the pay and emoluments of major. By the act of February 28, 1873 (17 Stat. 479), professors whose service exceeded ten years were to receive the pay and emoluments of colonels, and all other professors the pay, etc., of lieu- tenant colonels. This statute was amended by section 4 of the act of June 23, 1874 (21 Stat. 34), so as to require ten years' service as a professor at the Military Academy as a condition precedent to receiving the pay and allowances of colonel. By the act of August 9, 1912 (37 Stat. 264), it is provided "That any officer of the United States Army now holding the position of permanent professor at the United States Military Academy who on July first, nineteen hundred and fourteen, should have served not less than thirty-three years in the Army, one-third of which service shall have been as professor and instructor at the Military Academy, shall on that date have the rank, pay, and allowances of a colonel in the Army." The professors of the Military Academy do not belong to the staff of the Army within the meaning of section 1205, Revised Statutes, since they have no military rank or grade. The fact that they are authorized by the President to wear the uniform of the rank as of which they are paid does not invest them with such rank. This can be given them by Congress alone. (Dig. Opin. J. A. G., McClure, 2066, par. 2.) A captain of cavalry does not vacate his office as such by the acceptance of that of professor of the Military Academy, there being no incompatibility in the functions of the two offices. (Id., 1812.) The professors of the Military Academy at West Point are commissioned officers of the Army, whose pay and allowances are assimilated to those of a lieutenant colonel and a colonel ; and in case of such disability as is described in section 4693, Revised Statutes, they are entitled to pensions at the same rate with officers of the rank of lieutenant colonel. (XVII Opin. Att. Gen., 359.) *The office of instructor of ordnance and gunnery was established by the Secretary of War, on the recommendation of the academic board, on December 31, 1856; the duties of the former instructor of artillery, which were not con- nected with instruction in the drill regulations of the arm, being transferred to the office thus established. By the act of June 12, 1858 (11 Stat. 333), the duty of instruction in the drill regulations was vested in the commandant of cadets and the assistant instructors authorized by that enactment. An officer of ordnance was assigned to duty as instructor of ordnance and gunnery by Special Orders, No. 31, H. Q. U. S. Military Academy on February 27, 1857. (See par. 1106, ante.) "The office of instructor of practical military engineering was established by section 2 of the act of July 20, 1840 (5 Stat. 397) ; upon the recommenda- tion of the Chief of Engineers, dated April 24, 1844, an officer of engineers was appointed to the office. 412 MILITAEY LAWS OF THE UNITED STATES. 1126. Professors and associate professors, rank. The professors and the associate professor of the United States Military Academy shall have the actual rank in the United States Army now assigned to them by assimilation in the regulations of the Military Academy prescribed by the President of the United States, and that they shall exercise command only in the academic department of the United States Military Academy. Act of June 28, 1902 (32 Stat. 409). 1127. Assistant professors, pay and allowances. Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall receive the pay of a captain. 1 Sec. 1337, R.S. 1128. Assistant instructors of tactics, pay and allowances. The assistant instructors of tactics commanding cadet companies at West Point shall receive the pay and allowances as assistant professors in the other branches of study. 2 Act of Mar. 3, 1875 (18 Stat. 467} . 1129. Professors, retirement. The professors of the Military Academy at West Point are placed on the same footing, as to retire- ment from active service, as officers of the Army. Sec. 1333, R. S. 1130. Restriction on detail of graduates as professors and instruc- tors. Hereafter no graduate of the Military Academy shall be as- signed or detailed to serve at said Academy as a professor, instruc- tor, or assistant to either, within two years after his graduation, and so much of the act of June thirtieth, eighteen hundred and eighty- i wo, as requires a longer service than two years for said assignments or details is hereby repealed. 3 Act of July 26, 1894 (88 Stat. 151). 1131. Master of the sword, rank and pay. The master of the sword shall hereafter act as instructor of military gymnastics and physical culture at the Military Academy, and shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a first lieutenant, mounted: Provided, however, That whenever a vacancy shall occur in the office of master of the sword and instructor of mili- tary gymnastics and physical culture the said office shall cease and determine, and the duties thereunto pertaining shall thereafter be performed by an officer of the line of the Army to be selected for that purpose by the Secretary of War. Sec. 1338, R. S., as amended ~by Act of Mar. 2, 1901 (31 Stat. 914). Assistant professors at the Military Academy are entitled to the quarters of captains. IX Opin. Att. Gen., 284. The distinction contended for at the Mili- tary Academy between academic and military rank is not allowable in the choice of quarters. (5 id., 627.) 2 Section 2 of the act of July 20, 1840 (5 Stat. 398), contained the require- ment that the pay and emoluments of instructors in cavalry, artillery, and in- fantry tactics should not be less than was allowed by law (captain mounted) to the assistant professor of mathematics. This statute was replaced by the act of June 12, 1858 (11 Stat. 333), which conferred the pay of captain mounted upon the senior assistant instructor in each of the arms of service. 'The act of June 30, 1882 (22 Stat. 123), contained the requirement that no graduate of the Military Academy should be assigned or detailed to serve as a professor, instructor, or assistant to either, within four years after his gradua- tion. MILITARY LAWS OF THE UNITED STATES. 413 1132. Same. The master of the sword shall have the relative rank and shall be entitled to the pay, allowances and emoluments of a captain mounted. Act of Mar 3, 1905 (33 Stat. 850). 1133. Chaplain, appointment and tenure. The duties of chaplain at the Military Academy shall hereafter be performed by a clergy- man to be appointed by the President for a term of four years, and the said chaplain shall be eligible for reappointment for an additional term or terms and shall, while so serving, receive the same pay and allowances as are now allowed to a captain mounted. 1 Act of Feb. 18,1896 (29 Stat. 8). 1134. Librarian, assistant librarian. The librarian and assistant librarian at the Military Academy shall each receive one hundred and twenty dollars a year additional pay. 2 Sec. 1340, R. S. 1135. Adjutant. The adjutant of the Military Academy shall have the pay of an adjutant of a cavalry regiment. 3 Sec. 1335, R. S. 1136. Quartermaster and commissary of cadets. The Secretary of War is hereby directed to detail a competent officer to act as quar- termaster and commissary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the cadets, and all provisions for the mess, shall be made, and that all supplies of all kinds and description shall be furnished to the cadets at actual cost, without any commission or advance over said cost; and such officer so assigned shall perform all the duties of purveying and supervision for the mess, as now done by the purveyor, without other compensa- tion. 4 Act of Aug. 7, 1876 (19 Stat. 126) . 'The office of chaplain was established by the act of April 4, 1818 (3 Stat. 426), which authorized the appointment of a chaplain at the Military Academy, who shall also be professor of geography, history, and ethics. By the act of February 18, 1896 (29 Stat. 8), the professorship thus authorized was discon- tinued, the duties of chaplain being performed by the officer whose appoint- ment was authorized by that statute, and the duty of giving instruction in his- tory being transferred by executive regulation to the department of law. 2 The annual acts of appropriation from that of February 18, 1871 (16 Stat. 414), to that of July 26, 1894 (28 Stat. 156), contained a provision authorizing the payment of $1,000 per annum for compensation of the librarian's assistant. In the acts of February 12, 1895 (28 Stat 631), and March 6, 1896 (29 Stat. 49), the compensation of the librarian's assistant was fixed at $1,200 per annum. Salary of librarian increased by act of March 3, 1905 (33 Stat. 854), from $2,500 to $3,000 and carried at the latter rate in the annual appropriation acts since that year. As the annual appropriation acts carry only $3,000 for the librarian, section 1340, R. S., is virtually repealed. The employment of the services of civilian instructors, clerks, and other civilian employees is regulated by the annual acts of appropriation. 'Beginning with the act of March 4, 1909 (35 Stat. 1028), the annual appro- priation acts have contained the following provision relative to the pay of the adjutant of the Military Academy : " For pay of one adjutant, who shall not be above the rank of captain, six hundred dollars." 4 The annual appropriation acts from that of March 31, 1884 (23 Stat. 7), to that of March 2, 1907 (34 Stat. 1063), contained a provision for extra pay for the quartermaster and commissary of cadets at the rate of $700 per annum, in addition to his pay as a captain of infantry. In the act of May 28, 1908 (35 Stat. 431), this was changed to $600, " in addition to pay as captain," and has been so continued since. The act of June 30, 1892 (22 Stat. 123), authorizes the Secretary of War to detail a commissary sergeant to act as assistant to the commissary of cadets. 414 MILITAKY LAWS OF THE UNITED STATES. 1137. Constructing quartermaster. For pay of one constructing quartermaster, in addition to his regular pay, one thousand dollars : ' Provided, That so much of the Act approved March third, nineteen hundred and eleven, making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and twelve, as provided that the increase of salary of the constructing quartermaster should only' apply during the term the office was held by the then incumbent is hereby repealed, and the additional pay thus provided is available for the present incumbent from the date he entered upon his duties. Act of Aug. 9, 1912 (37 Stat. 252). 1138. Leaves of absence of officers, professors, etc. Leave of ab- sence may be granted by the Superintendent, under regulations pre- scribed by the Secretary of War, to the professors, assistant profes- sors, instructors, and other officers of the Academy, for the entire period of the suspension of the ordinary academic studies, without deduction from pay or allowances. Sec. 1330, R. S. THE CORPS OF CADETS. 1139. Number and appointment. The corps of cadets shall consist of one from each Congressional district, one from each Territory, one from the District of Columbia, two from each State at large, and thirty from the United States at large. They shall be appointed by the President, and shall, with the exception of the thirty cadets ap- pointed from the United States at large, be actual residents of the Congressional or Territorial districts, or of the District of Columbia, or of the States, respectively, from which they purport to be ap- pointed. 2 Sec. 1315, R. S., as amended by Sec. 4, Act of June 6, 1900 (31 Stat. 656). 1 This additional pay was first appropriated in act of March 2, 1907 (34 Stat. 1064), and provision therefor has been made in each annual appropriation since. The proviso " that this increased salary shall only apply during the time this office is held by the present incumbent," which is repealed by the act of August 9, 1912, supra, first occurs in the act of March 4, 1909 (35 Stat. 1028). The appropriation is repeated without any limitation in the act of March 4, 1913 (37 Stat. 857). 2 The first authorization of the employment of cadets in the military service will be found in the act of May 9, 1794 (1 Stat 366), for raising a corps of artillerists and engineers; the new organization was to be formed by the con- solidation of the existing corps of artillery with the additional force therein authorized, and was to consist of four companies, to each of which two cadets were to be attached, with the pay, rations, and clothing of sergeants of artillery. An additional regiment of artillerists and engineers was established by the act of April 27, 1798 (id., 552), with the same organization as the regiment already in service; by section 3 of the act of March 3, 1799 (id., 750), the pay of cadets was fixed at ten dollars per month with two rations per day or their equivalent in money; by this enactment ten cadets were allowed for each regiment of cavalry and infantry and thirty-two for each regiment of artillery. The act to fix the military peace establishment .approved on March 16, 1802 (2 id., 132), provided for one regiment of artillerists and engineers; it was to consist of twenty companies, to each of which two cadets were attached. By MILITAKY LAWS OF THE UNITED STATES. 415 1140. Number at large. The number of cadets authorized to be appointed by the President from the United States at large shall not at any one time exceed forty. Act of June 88, 1902 (32 Stat. 410) . 1141. Increase in corps. Hereafter, for six years from July first, anno Domini, nineteen hundred and ten, whenever any cadet shall have finished three years of his course at the United States Military Academy, his successor may be admitted to the Academy; and the corps of cadets is hereby increased to meet this provision. Act of Apr. 19, 1910 (36 Stat. 323). 1142. Appointee from Porto Rico. In addition to the Corps of Cadets now authorized by law, there shall be one from Porto Rico, who shall be a native of said island, to be appointed by the President of the United States. Act of Mar. 3, 1903 (32 Stat. 1011). 1143. Appointees from the Philippine Islands. The Secretary of War is hereby authorized to permit not exceeding four Filipinos, to be designated, one for each class, by the Philippine Commission, to receive instruction at the United States Military Academy at West Point: Provided, That the Filipinos undergoing instruction, as herein authorized, shall receive the same pay, allowances, and emolu- ments as are authorized by law for cadets at the Military Academy appointed from the United States, to be paid out of the same appro- priations: And provided further, That said Filipinos undergoing instruction on graduation shall be eligible only to commissions in the Philippine Scouts. And the provisions of section thirteen section 26 of this enactment authority was conferred upon the President to establish a corps of engineers, to which ten cadets we're to be attached, and the monthly pay of the cadets was fixed at sixteen dollars and one ration per day ; by section 27, the corps of engineers, when organized, was to be stationed at West Point and was to constitute the Military Academy. The acts of April 12, 1808 (2 id., 481), and June 11, 1812 (id., 671), authorized additions to the military establishment ; by the former, 156 cadets were provided for, and by the latter, 64 ; in neither case, however, was the authorized establishment completed, nor does any considerable number of cadets seem to have been attached to the Military Academy, as is indicated by a report of the superintendent of January 5, 1810, at which date forty-seven cadets were undergoing instruction at the academy. An act making further provision for the Corps of Engineers, ap- proved April 29, 1812 (id. 720), fixed the number of cadets in all arms of the service at 250, and authorized the President, in his discretion, to attach them, as students, to the Military Academy. The present apportionment by repre- sentative districts was established by section 2 of the act of March 1, 1843 (5 id., 604), which required cadets to be selected from the Congressional dis- tricts of the States or Territories from which the appointments purported to have been made. By this enactment authority was conferred upon the Presi- dent to appoint ten cadets at large without being restricted to selection from Congressional districts. The act of March 3, 1875 (18 id., 467), authorized the President " to fill any vacancy occurring at said academy by reason of death or other cause of any person appointed by him : " but this clause was expressly repealed by section 4 of the act of June 11, 1878 (20 id., Ill), which restricted the number of appointments at large to ten in all. The act of March 1, 1843, and section 10 of the act of March 2, 1899 (30 Stat. 979), which authorized the appointment of twenty cadets at large, were replaced by section 4 of the act of June 6, 1900 (31 id., 656), which fixed the number of cadets at one from each Congressional district, one from the District of Columbia, two from each State at large, and thirty from the United States at large. 416 MILITARY LAWS OF THE UNITED STATES. hundred and twenty-one, Revised Statutes, are modified in the case of the Filipinos undergoing instruction, so as to require them to engage to serve for eight years, unless sooner discharged, in the Philippine Scouts. Act of May 28,1908 (35 Stat. 441). 1144. Appointees from the District of Columbia. Section thirteen hundred and fifteen of the Revised Statutes of the United States, fixing the membership of the Corps of Cadets at the United States Military Academy, is hereby amended by changing the clause " one from the District of Columbia " so as to read " two from the District of Columbia." Act of Aug. 9, 1912 (37 Stat. 252). 1145. Appointment in advance. Cadets shall be appointed one year in advance of the time of their admission to the Academy, ex- cept in cases where, by reason of death or other cause, a vacancy occurs which can not be provided for by such appointment in ad- vance; but no pay or other allowance shall be given to any ap- pointee until he shall have been regularly admitted, as herein pro- vided; and all appointments shall be conditional, until such provi- sions shall have been complied with. 1 Sec. 1317, R. S. ^Appointments How made. Each Congressional district and Territory, also the District of Columbia, is entitled to have one cadet at the Academy. Two cadets at large from each State, and thirty from the United States at large are also appointed. The appointments (except these at large) are made by the Secretary of War, at the request of the Representative or Delegate in Congress from the district or Territory ; and the person appointed must be an actual resident of the district or Territory from which the appointment is made. Those for a State at large are made, each upon the request of a Senator from the State so entitled. The appointments at large are specially conferred by the President of the United States. Manner of making applications. Applications can be made at any time by letter to the Secretary of War, to have the name of the applicant placed upon the register that it may be furnished to the proper Representative or Delegate when a vacancy occurs. The application must exhibit the full name, date of birth, and permanent abode of the applicant, with the number of the Congres- sional district in which his residence is situated. Date of appointments. Appointments are required by law to be made one year in advance of the date of admission, except in cases where, by reason of death or other cause, a vacancy occurs which can not be provided for by such appointment in advance. These vacancies are filled in time for the next an- nual examination. Alternates. The Representative or Delegate in Congress may nominate a legally qualified second candidate, to be designated the alternate. The alter- nate will receive from the War Department a letter of appointment, and will be examined with the regular appointee, and if duly qualified will be admitted to the Academy in the event of the failure of the principal to pass the pre- scribed preliminary examinations. The alternate will not be allowed to defer his reporting at West Point until the result of the examination of the regular appointee is known, but must report at the time designated in his letter of appointment. The alternate, like the nominee, should be designated as nearly one year in advance of date of admission as possible. There being no provision for the payment of the traveling expenses of re- jected candidates for admission, no candidate should fail to provide himself in advance with the means of returning to his home in case of his rejection before either of the examining boards, as he may otherwise be put to con- siderable trouble, inconvenience, and even suffering on account of his desti- tute condition. If admitted, the money brought by him to meet such a contin- gency can be deposited with the treasurer on account of his equipment as a cadet or returned to his friends. MILITARY LAWS OF THE UNITED STATES. 417 1146. Age of appointees. Appointees shall be admitted to the Academy only between the ages of seventeen and twenty-two years, * * *. Sec. 1318, R. S. 1147. Qualifications for admission. Appointees shall be examined under regulations 1 to be framed by the Secretary of War before they shall be admitted to the Academy and shall be required to be well versed in such subjects as he may from time to time prescribe. 2 Sec. 1319, R. S., as amended ly Act of Mar. 2, 1901 (31 Stat. 911). 1148. Physical examination. Hereafter any candidate designated as principal or alternate for appointment as cadet may present him- self at any time for physical examination at West Point, New York, or other prescribed places, as may be designated by the Secretary of War. Act of Aug. 9, 1912 (37 Stat. 252). 1149. Dates of admission. Cadets appointed to the Military Acad- emy at West Point, New York, for admission after the year nineteen hundred and seven, may be admitted on the first day of March in place of the first day of June. Act of Mar. 2, 1907 (34 Stat. 1063). 1150. Oath. Each cadet shall, previous to his admission to the Academy, take and subscribe an oath or affirmation in the -following form: "I, A B, do solemnly swear that I will support the Constitution of the United States, and bear true allegiance to the National Gov- ernment; that I will maintain and defend the sovereignty of the United States, paramount to any and all allegiance, sovereignty, or fealty I may owe to any State, county, or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the rules and articles governing the armies of the United States." And any cadet or candidate for admission who shall refuse to take this oath shall be dismissed from the service. Sec. 1320, R. S. 1151. Engagement for service. Each cadet shall sign articles, with the consent of his parents or guardian if he be a minor, [and] if any he have, by which he shall engage to serve eight years unless sooner discharged. Sec. 1321, R. S. 1152. Traveling expenses of candidates. Hereafter the actual and necessary traveling expenses of candidates while proceeding from their homes to the Military Academy for qualification as cadets shall, 1 For regulations prepared in accordance with the foregoing enactment see- the Military Academy Regulations. Circulars containing the same information respecting the physical and mental examinations for admission are furnished candidates and others interested upon applications addressed to the Adjutant of the Military Academy at West Point, New York, or to the Adjutant-General of the Army in Washington. "This enactment replaces the requirements of section 1319, Revised Statutes, act of June 16, 1866 (14 Stat. 359), in pari materia, which required candidates to " be well versed in reading, writing, and arithmetic, and to have a knowledge of the elements of English grammar, of descriptive geography, particularly that of the United States, and of the history of the United States." 48985 15 27 418 MILITARY LAWS OF THE UNITED STATES. if admitted, be credited to their accounts and paid after admission from the appropriation for the transportation of the Army and its supplies. Act of June 28, 1902 (82 Stat. 409) . 1153. Pay and allowances. Hereafter the pay of cadets shall be fixed at five hundred dollars per annum and one ration per day, or commutation therefor, such commutation to be thirty cents per day, to be paid from the appropriation for the subsistence of the Army. 1 Act of June 28, 1902 (32 Stat. 409) . The pay of cadets at the Military Academy shall hereafter be six hundred dollars a year. Act of May 11, 1908 (35 Stat. 108). Hereafter cadets shall be entitled to rations, or commutation therefor, as hitherto allowed under the Act approved June twenty- eight, nineteen hundred and two. Act of May 28, 1908 (35 Stat. 430). Sec. 1339, R. S., as amended ~by above acts. 1154. Graduation and commission. That when any cadet of the United States Military Academy has gone through all its classes and received a regular diploma from the academic staff, he may be promoted and commissioned as a second lieutenant in any arm or corps of the Army in which there may be a vacancy and the duties of which he may have been judged competent to perform; and in case there shall not at the time be a vacancy in such arm or corps, he may, at the discretion of the President, be promoted and commis- sioned in it as an additional second lieutenant, with the usual pay and allowances of a second lieutenant, until a vacancy shall hap- pay of cadets was fixed by the act of March 16, 1802 (2 Stat. 137), at sixteen dollars per month and two rations per day. By the act of March 3, 1857 (11 Stat. 252) their pay was fixed at thirty-two dollars per month. Sec- tion 3 of the act of April 1, 1864 (13 Stat. 39), contained the requirement that the cadets at the Military Academy should receive the same pay (five hundred dollars per annum) as the midshipmen at the Naval Academy; section 2 of the act of February 28, 1867 (14 Stat., 416) contained the requirement that they should also be entitled to the ration (one hundred and nine dollars and fifty cents annual commutation value) then allowed to active midshipmen. This fixed the pay and emoluments of a cadet at $609.50 per annum. The act of June 30, 1882 (27 Stat. 515), contained the requirement that no cadet should thereafter " receive more than at the rate of five hundred and forty dollars a year." Fourteen dollars a month shall be deposited with the Treasurer from the pay of each cadet, to be applied, at the time of his graduation, to the purchase of a uniform and equipment. (Par. 72, Reg. U. S. M. A., 1911.) A person appointed to a position in the Army, either as a cadet or an officer, becomes a cadet or officer de facto when he accepts the appointment; but, in view of the act of July 2, 1862 (12 Stat. 502), his pay can not commence until he takes the oath of office. When a candidate passes the examinations and enters upon the duties of a cadet, he thereby accepts his appointment, and his service in the Army begins for all purposes of longevity, but his pay can not commence until he takes the oath of office required by law. (3 Dig. 2d Comp. Dec., par. 884.) The requirements of section 1310 of the Revised Statutes that " no person who has served in any capacity in the military or naval service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion shall be appointed a cadet," were repealed by the act of March 31, 1896 (29 Stat. 84). MILITARY LAWS OF THE UNITED STATES. 419 pen. 1 Sec. 1213, R. S., as amended ly Act of May 17, 1886 (24 Stat.50). 1155. One additional officer only to each company. Only one supernumerary officer shall be attached to any company at the same time under the provisions of the two preceding sections. 2 Sec. 1215, R.S. 1156. Pay of graduated cadets. That every cadet who has hereto- fore graduated or may hereafter graduate at the West Point Military Academy, and who has been or may hereafter be commissioned a second lieutenant in the Army of the United States, under the laws appointing such graduates to the Army, shall be allowed full pay as second lieutenant from the date of his graduation to the date of his acceptance of and qualification" under his commission and during his graduation leave, in accordance with the uniform practice which has prevailed since the establishment of the Military Academy. Act of Dec. 20, 1886 (24 Stat. 351). 1157. Mileage of graduated cadets from home to first station. Hereafter a graduate of the Military Academy shall receive mileage as authorized by law for officers of the Army from his home to the station which he first joins for duty. Act of Aug. 9, 1912 (37 Stat. 252). 1158. Organization into companies. The corps of cadets shall be arranged into companies, according to the directions of the superin- tendent, each of which shall be commanded by an officer of the Army, for the purpose of military instruction. To each company shall be added four musicians. The corps shall be taught and trained in all the duties of a private soldier, noncommissioned officer, and officer, shall be encamped at least three months in each year, and shall be taught and trained in all the duties incident to a regular camp* Sec. 1322, R. S. 1159. Liability to duty. Cadets shall be subject at all times to do duty in such places and on such service as the President may direct. Sec. 1323, R. S. *The requirement of section 3 of the act of June 18, 1878 (20 Stat. 150). " That hereafter all vacancies in the grade of second lieutenant shall be filled by appointment from the graduates of the Military Academy so long as any such remain in service unassigned ; and any vacancies thereafter remaining shall be filled by promotion of meritorious noncommissioned officers of the Army, recommended under the provisions of the next section of this act: Pro- vided, That all vacancies remaining, after exhausting the two classes named, may be filled by appointment of persons in civil life," was repealed by section 5 of the act of July 30, 1892 (27 Stat. 336). (See the chapter entitled Commis- sioned Officers.) a Section 1213, R. S., see par. 1154, ante. Section 1214, R. S., relates to promo- tion of noncommissioned officers. The Secretary of War is authorized to assign recent graduates, noncommis- sioned officers, and civilians to the cavalry or infantry, although " additional " second lieutenants remain in the Engineers and Artillery, and no vacancies exist in the last-named branches. (XX Opin. Att. Gen., 149.) 420 MILITARY LAWS OF THE UNITED STATES. 1160. No study on Sunday. The Secretary of War shall so ar- range the course of studies at the Academy that the cadets shall not be required to pursue their studies on Sunday. 1 Sec. 132^ R. S. 1161. Instruction in physiology, etc. The nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of textbooks in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States. SEC. 2. It shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the provisions of this act; and any such officer, school director, committee, superin- tendent, or teacher who shall refuse or neglect to comply with the re- quirements of this act, or shall neglect or fail to make proper pro- visions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. Act of May 00, 1886 (24 Stat. 69). 1162. Deficient cadets. No cadet who is reported as deficient, in either conduct or studies, and recommended to be discharged from the Academy shall, unless upon recommendation of the academic board, be returned or reappointed or appointed to any place in the Army before his class shall have left the Academy and received their commissions. 2 Sec. 1325, R. S. 1163. Courts-martial for trial of cadets. The Superintendent of the Military Academy shall have power to convene general courts- martial for the trial of cadets, and to execute the sentences of such 1 The course of study at the Military Academy is fixed in part by the statutes creating the several departments of instruction (paragraphs 1106 and 1119, ante) and other enactments of Congress (paragraph 1161, post), and in part by Executive regulation. a Where a cadet was, by order of the Secretary of War, on the recommenda- tion of the academic board, discharged from the Military Academy for de- ficiency in studies; Held, (1) that the order of discharge, having been com- pletely executed, is beyond the power of revocation; (2) that section 1325, Revised Statutes, prohibits the returning or reappointing of the cadet to the Academy, except upon the recommendation of the academic board; (3) that Congress may thus limit or restrict the authority of the President to appoint cadets; (4) that accordingly it is not competent for the President to revoke the said order or to restore the cadet to the Academy, irrespective of the recom- mendation of the academic board. (XVII Opin. Att Gen., 67.) Change of name by cadet. (Dig. Opin. J. A. G., 83, I G 4.) MILITARY LAWS OF THE UNITED STATES. 421 courts, except the sentences of suspension and dismission, subject to the same limitations and conditions now existing as to other gen- eral courts-martial. 1 Sec. 1326, R. S. 1164. Hazing. The superintendent of the United States Military Academy, subject to the approval of the Secretary of War, shall make appropriate regulations for putting a stop to the practice of hazing, such regulations to prescribe dismissal, suspension, or other adequate punishment for infractions of the same, and to embody a clear definition of hazing. That any cadet who shall be charged with offenses under such regulations which would involve his dismissal from the academy shall be granted, upon his written request, a trial by a general court- martial, and any cadet dismissed from the academy for hazing shall not thereafter be reappointed to the corps of cadets nor be eligible for appointment as a commissioned officer in the Army or Navy or Marine Corps until two years after the graduation of the class of which he was a member. 2 Act of Apr. 19, 1910 (36 Stat. 323). MILITARY ACADEMY BAND. 1165. Organization and allowances. The Military Academy band shall hereafter consist of one teacher of music, who shall be the leader of the band, one enlisted band sergeant and assistant leader, and of 1 These courts have the sam composition as the general courts-martial authorized to be convened by the seventy-second and seventy-third articles of war. Professors of the Military Academy are " commissioned officers of the Army." Decision of the Secretary of War, May 27, 1857. But they are not commis- sioned officers within the meaning of the seventy-fifth article of war, and there- fore can not be detailed as members of courts-martial. Scott's Digest, para- graph 169, note 16. The President may, by his regulations of the civil police of the Academy, invest them with authority adequate to all the purposes of their professorships; but he can invest them with no portion of judicial power to affect the life or liberty of others. (I Opin. Att. Gen., 469; see also last clause of paragraph 1126, ante. ) The undergraduate cadets are not commissioned officers, and are, therefore, not competent to sit on a courtrmartial, and are triable by a regimental or gar- rison court-martial. (VII Opin. Att. Gen., 323.) In their internal academic organization as officers, noncommissioned officers, and privates they are not subject to the articles of war as respects their relation to one another, but only as respects their relation to commissioned officers of the Army, on duty as such at the Academy. (Id.) Cadets are amenable to trial by court-martial for violations of the regula- tions of the Academy as " conduct to the prejudice of good order and military discipline." (Dig. Opin. J. A. G. 82, I. D. 3a.) As to measures of school dis- ciplfne see Dig. J. A. G. 82, I. D 3 b (1). Where a cadet at West Point is sentenced by a court-martial to be dismissed the service, and the President commutes the sentence to suspension for a fixed period, it will not be inferred that his purpose was to deprive him of pay unless it is expressly so stated or is clearly established that such was his pur- pose. (Conrad v. U. S., 32 Ct. Cls., 139.) Where the President commutes the sentence of one cadet to suspension and of another to suspension without pay it is conclusive that he did not intend the former sentence to extend to loss of pay. (Id.) "This enactment replaces the penalty imposed by the act of March 2, 1901 (31 Stat. 911), which in turn replaced that imposed by the act of March 31 1884 (23 Stat. 7). 422 MILITARY LAWS OF THE UNITED STATES. forty enlisted musicians. The teacher of music shall receive the pay of a second lieutenant, not mounted; * * * and each of the aforesaid enlisted men shall also be entitled to the clothing, fuel, rations, and other allowances of musicians of cavalry; and the said teacher of music, the band sergeant and assistant leader, and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, .and length of service as are, or may hereafter become, applicable to other officers or enlisted men of the Army. /Sec. 1111, R. 8., as amended by Act of Mar. 3, 1905 (33 Stat. 853). 1166. Pay. For pay of military band, one band sergeant and as- sistant leader, nine hundred dollars ; Twelve enlisted musicians, at forty-five dollars per month, six thousand four hundred and eighty dollars ; Twelve enlisted musicians, at thirty-six dollars per month, five thousand one hundred and eighty- four dollars ; Sixteen enlisted musicians, at thirty dollars per month, five thou- sand seven hundred and sixty dollars ; ******* For pay of field musicians: One sergeant, six hundred dollars; One corporal, two hundred and fifty-two dollars ; Twenty-two privates, at one hundred and eighty dollars each, three thousand nine hundred and sixty dollars. ******* Hereafter the monthly pay during the first enlistment of enlisted men of the band and field musicians of the United States Military Academy shall be as hereinbefore stated, and the continuous service pay of all grades shall be the same as provided in the Act approved May eleventh, nineteen hundred and eight, entitled "An Act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and nine." Act of May %8, 1908 (35 Stat. 431). 1167. Music furnished outside reservation. The band or members thereof and the field musicians of the Military Academy shall not receive remuneration for furnishing music outside the limits of the military reservation when the furnishing of such music places them in competition with local civilian musicians. Id., 43%. DETACHMENTS OF ENLISTED MEN. 1168. Army service men, Quartermaster Corps. The enlisted men known as the artillery detachment at West Point shall be mustered out of the service as artillery men and immediately reenlisted as Army Service men in the Quartermaster's Department, continuing to perform the same duties and to have the same pay, allowances, MILITARY LAWS OF THE UNITED STATES. 423 rights, and privileges, and subject to the rules, regulations, and laws in the same manner as if their service had been continuous in the artillery, and their said service shall be considered and declared to be continuous in the Army. 1 Act of June 20, 1890 (26 Stat. 167) . 1169. Same Not entitled to extra duty pay. Hereafter no part of the moneys appropriated for use of the Quartermaster's Department shall be used in payment of extra duty pay for the Army service men in the Quartermaster's Department at West Point. Act of Mar. 2, 1907 (34 Stat. 1167). 1170. Restriction on strength of detachments. The detachments of enlisted men at the Military Academy, heretofore designated as the General Army Service, Quartermaster's Department, and the cavalry detachment, shall be fixed at such numbers, not exceeding two hun- dred and fifteen enlisted men in both detachments, as in the opinion of the Secretary of War the necessities of the public service may from time to time require; but the number of enlisted men of the Army shall not be increased on account of this proviso or the two preceding paragraphs of this act. 2 Act of Feb. 10, 1897 (29 Stat. 519). 1171. Engineer detachment. Hereafter there shall be maintained at the United States Military Academy an engineer detachment, which shall consist of one first sergeant, one quartermaster sergeant, eight sergeants, ten corporals, two cooks, two musicians, thirty-eight first-class privates, and thirty-eight second-class privates; For pay of such engineer detachment, twenty-four thousand dol- lars ; additional pay for length of service, six thousand four hundred and eight dollars: Provided, That the enlisted men of said detach- ment shall receive the same pay and allowances as are now or may be hereafter authorized for corresponding grades in the battalions of engineers: Provided further. That nothing herein shall be so con- strued as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Aug. 9, 1912 (37 Stat. *The act of June 20, 1890 (26 Stat. 167), which changed the name of the artil- lery detachment at West Point to "Army Service men in the Quartermaster's Department," contemplated only a change of name of the corps, without affect- ing their duties, pay, or allowances, including extra duty and extra pay there- for. (IV Comp. Dec., 353.) The act of June 6, 1900 (31 Stat. 647), makes provision for the pay of an artillery detachment of forty enlisted men. This number has been increased from time to time until one hundred and thirty-six enlisted men are provided for in the act of March 4, 1913 (37 Stat 857). 'The act of April 26, 1898 (30 Stat. 365), which provides that in time of war no additional compensation shall be allowed to soldiers performing what is known as " extra or special duty," applies to enlisted men at the Military Academy. (4 Dec. Comp., 616.) The act of July 26, 1894 (28 Stat. 155), conferred authority upon the Secre- tary of War to increase the strength of the Army Service Detachment of the Quartermaster's Department to one hundred and fifty men. The act of March 6, 1896 (29 Stat. 48), fixes the strength of the cavalry detachment as follows: One first sergeant, five sergeants, four corporals, two farriers, one saddler, one wagoner, and fifty-two privates. The authorized strength of these detachments is now 215 enlisted men. 424 MILITARY LAWS OF THE UNITED STATES. THE LIBRARY. 1172. Senate documents for library. The Secretary of the Senate shall furnish annually to the library of the Academy one copy of each document published, during the preceding year, by the Senate. Sec. 1332, R. S. 1173. Depository of Government publications. The libraries of the eight Executive Departments, of the United States Military Academy, and United States Naval" Academy are hereby constituted designated depositories of Government publications, and the super- intendent of documents shall supply one copy of said publications, in the same form as supplied to other depositories, to each of said libraries. 1 Sec. 98, Act of Jan. 12, 1895 (28 Stat. 624). THE BOARD OF VISITORS. 1174. How constituted and appointed. That the Act approved May twenty-eighth, nineteen hundred and eight, be amended and re- enacted so as to read as follows: That hereafter the Board of Visitors to the Military Academy shall consist of five members of the Committee on Military Affairs of the Senate and seven members of the Committee on Military Affairs of the House of Representatives, to be appointed by the re- spective chairmen thereof; the members so appointed shall visit the Military Academy annually at such time as the chairman of said committees shall appoint, and the members from each of said com- mittees may visit said academy together or separately as the said committees may elect during the session of Congress ; and the super- intendent of the academy and the members of the Board of Visitors shall be notified of such date by the chairman of the said committees. The expenses of the members of the board shall be their actual ex- penses while engaged upon their duties as members of said board not to exceed five dollars per day and their actual expenses of travel by the shortest mail routes : Provided further, That so much of sections thirteen hundred and twenty-seven, thirteen hundred and twenty- eight, and thirteen hundred and twenty-nine, Revised Statutes of the United States, as is inconsistent with the provisions of this Act are hereby repealed. Act of Aug. 9, 1912 (37 Stat. 257). 1 The maintenance of the library is provided for in the annual acts of appro- priation for the support of the Military Academy. Beginning with the act of May 1, 1888 (25 Stat 112), said acts have contained the following provision: " That all technical and scientific supplies for the departments of instruction of the Military Academy shall be purchased by contract or otherwise, as the Secretary of War may deem best." Also beginning with act of March 4, 1909 (35 Stat. 1037), they have contained the following: " Section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign, professional, and other newspapers and periodicals, to be paid for from any of the foregoing appropriations." Section 3648 prohibits the advances of public moneys. An appropriation for a library is a specific appropriation for books and other publications necessary or appropriate therefor. (VI Comp. Dec., 736.) MILITARY LAWS OF THE UNITED STATES. 425 1175. Duties. It shall be the duty of the board of visitors to in- quire into the actual state of the discipline, instruction, police ad- ministration, fiscal affairs, and other concerns of the Academy. The visitors appointed by the President shall report thereon to the Sec- retary of War, for the information of Congress, at the commence- ment of the session next succeeding such examination, and the Senators and Representatives designated as visitors shall report to Congress, within twenty days after the meeting of the session next succeeding the time of their appointment, their action as such visitors, with their views and recommendations concerning the Academy. Sec. 1328, R. S. MISCELLANEOUS. 1176. Additional pay of certain enlisted men. The noncommis- sioned officer in charge of mechanics and other labor at the Military Academy, the soldier acting as clerk in the adjutant's office, and the four enlisted men in the philosophical and chemical departments and lithographic office, shall receive fifty dollars a year additional pay. Sec. 1341, R. S. 1177. Contingencies of Superintendent. For contingencies for Superintendent of the Academy, one thousand dollars. 1 Act of Mar. 6,1896 (29 Stat. 49). 1178. Contingent fund. All funds arising from the rent of the hotel on Academy grounds, and other incidental sources, from and after this date be, and are hereby, made a special contingent fund, to be expended under the supervision of the Superintendent of the Academy, and that he be required to account for the same, annually, accompanied by proper vouchers to the Secretary of War. Act of May 1, 1888 (25 Stat. 112). Provided, That all proceeds of sales of gas [shall] be paid into the post fund. Act of Mar. 1, 1893 (27 Stat. 520}. 1179. Proceeds of sale of unserviceable material. When any in- strument, apparatus, implements, or materials which have been here- tofore or may hereafter be purchased or acquired for the use of any department of instruction or for the maintenance and operation of *Any appropriation for contingencies for the Superintendent of the Military Academy is available for such casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Superintendent. * * * The certificate of the Superintendent, as to the correctness and justness of expenditures from the appropriation for contingencies for said Superintendent may be accepted in the adjustment and settlement of Military Academy accounts. (3 Dig. 2d Comp. Dec., par. 828.) All accounts for the expenditure of public moneys should be itemized so far as practicable, and a discretion given to the officer having control of an appro- priation does not dispense with this requirement. HV Comp. Dec., 159.) An appropriation for contingencies for the Superintendent of the Military Academy is an appropriation for purposed of a contingent character that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely. (3 Dig. Dec. 2d Comp., par. 827.) 426 MILITABY LAWS OF THE UNITED STATES. the waterworks are no longer needed or are no longer serviceable they may be sold in such manner as the superintendent may direct and the proceeds credited to the appropriation for the department or the waterworks for which they were purchased or acquired. Act of Aug. 9, 1912 (37 Stat. 260). 1180. The Gullum Memorial Hall. The Memorial Hall to be erected under the provisions of this act shall be a receptacle of statues, busts, mural tablets, and portraits of distinguished and de- ceased officers and graduates of the Military Academy, of paintings of battle scenes, trophies of war, and such other objects as may tend to give elevation to the military profession; and to prevent the introduction of unworthy subjects into this hall the selection of each shall be made by not less than two-thirds of the members of the entire academic board of the United States Military Academy, the vote being taken by ayes and nays and to be so recorded. Sec. 6, Act of July 23, 1892 (27 Stat. 263). 1181. Buildings for religious worship. The Secretary of War, in his discretion, may authorize the erection of a building for religious worship by any denomination, sect, or religion on the West Point Military Reservation: Provided, That the erection of such building will not interfere with the uses of said reservation for military pur- poses. Said building shall be erected without any expense whatever to the Government of the United States, and shall be removed from the reservation, or its location changed by the denomination, sect, or religious body erecting the same whenever, in the opinion of the Sec- retary of War, public or military necessity shall require it, and with- out compensation for such building or any other expense whatever to the Government. Act of July 8, 1898 (30 Stat. 722). 1182. The Army War College. For hire of clerks, purchase of stationery, furniture, and for contingent expenses incident to the establishment of the Army War College, having for its object the direction and coordination of the instruction in the various service schools, extension of the opportunities for investigation and study in the Army and militia of the United States, and the collection and dissemination of military information, twenty thousand dollars. Act of May 26, 1900 (31 Stat. 209). 1183. The service schools. United States service schools: To pro- vide means for the theoretical and practical instruction at the Staff College (including the Army School of the Line, 1 Army Field Engi- neer School, and the Army Signal School) at Fort Leavenworth, lr The Infantry and Cavalry School was established at Fort Leavenworth, Kans., in pursuance of General Orders, No. 42, Adjutant-General's Office, of May 7, 1881. Although not created by statute, its existence was recognized by Congress in several acts of appropriations, beginning with the act of March 2, 1889. It has been superseded by the "Army School of the Line," which was first recognized by statute in the act of March 3, 1909 (35 Stat. 733). For complete list of service schools see par. 449, A. R., 1913. MILITAEY LAWS OF THE UNITED STATES. 427 Kansas, the Mounted Service School at Fort Biley, Kansas, and the School of Fire for Field Artillery at Fort Sill, Oklahoma, by the pur- chase of text-books, books of reference, scientific and professional papers, the purchase of modern instruments and material for theo- retical and practical instruction, and for all other absolutely neces- sary expenses, to be allotted in such proportions as may, in the opin- ion of the Secretary of War, be for the best interests of the military service, $30,350. Act of Mar. 0, 1913 (37 Stat. 704). * * * That from the enlisted force of the army now provided by law the President may authorize the organization of school de- tachments at each of the service schools, and may authorize the ap- pointment therein of such noncommissioned officers, mechanics, ar- tificers, farriers, horseshoers, and cooks as may be necessary for the administration of such school: Provided, That nothing herein shall be construed as to authorize an increase in the total number of en- listed men of the army now authorized by law. Act of Mar. 3, 1909 (35 Stat. 733). 1184. The Engineer School. Equipment and maintenance of the Engineer School at Washington Barracks, District of Columbia, in- cluding purchase of instruments, machinery, implements, models, and materials, for the use of the school and for instruction of engi- neer troops in their special duties as sappers and miners; for land mining, pontooning, and signaling ; for purchase and binding of pro- fessional works and periodicals of recent date treating of military and civil engineering and kindred scientific subjects for the library of the United States Engineer School, * * * dollars. 1 Act of Mar. 2, 1913 (37 Stat. 719). 1185. The artillery schools. Coast Artillery School, Fort Monroe, Virginia. 2 For incidental expenses of the school, including chem- 1 The United States Engineer School was established by Executive order, but has been recognized in the several acts of appropriation from the act of March 3, 1873 (17 Stat. 546), down to the present time. It was originally located at Fort Totten, Willets Point, N. Y., but was removed in 1902 to Washington Bar- racks, D. C. (See General Orders 155, A. G. O., Nov. 27, 1901.) 3 The Artillery School was established at Fortress Monroe, Va., in pursuance of General Orders, No. 18, Adjutant-General's Office, of April 5, 1824. It ceased to exist, in 1835, by reason of the transfer of the troops composing the school to other duties. It was reestablished by General Orders, No. 9, Adjutant-General's Office, of October 30, 1856. A code of regulations and plan of instruction was approved by the Secretary of War and published to the Army in General Orders, No. 5, Adjutant-General's Office, of May 18, 1858. The school was again dis- continued at the outbreak of the War of the Rebellion in 1861. It was reor- ganized by General Orders, No. 99, Adjutant-General's Office, of November 13, 1867. Although not created by statute, its existence has been recognized and the courses of study pursued have been sanctioned by Congress in several acts of appropriation. ( See the various acts of appropriation from that of June 20, 1878 (20 Stat. 223), down to the present time), tt was first appropriated for as the " Coast Artillery School" in the act of March 3, 1909 (35 Stat. 733). In the act of August 24, 1912 (37 Stat. 570), under the appropriation for " United States Service Schools " provision is made for a " School of Fire for Field Artillery at Fort Sill, Okla.," and this provision is continued in the act of March 2, 1913 (37 Stat. 704). 428 MILITARY LAWS OF THE UNITED STATES. icals, stationery, hardware; cost of special instruction of officers de- tailed as instructors ; extra-duty pay to soldiers necessarily employed for periods not less than ten days as artificers on work in addition to and not strictly in line with their military duties, such as carpenters, blacksmiths, draftsmen, printers, lithographers, photographers, engine drivers, telegraph operators, teamsters, wheelwrights, masons, machinists, painters, overseers, laborers; office furniture and fixtures, machinery, and unforeseen expenses, $10,000. For purchase of engines, generators, motors, machines, measuring instruments, special apparatus and materials for the division of the enlisted specialists, $7,000. For purchase of special apparatus and materials and for experi- mental purposes for the department of artillery and land defense, $3,000. For purchase of engines, generators, motors, machines, measuring instruments, special apparatus and materials for the department of engineering and mine defense, $5,500. For purchase and binding of professional books of recent date treating of military and scientific subjects for library and for use of school, $2,500. * * * Act of Mar. 2, 1913 (37 Stat. 705). 1186. The Mounted Service School. That the Secretary of War be, and he is hereby, authorized and directed to establish upon the mil- itary reservation at Fort Riley, a permanent school of instruction for drill and practice for the cavalry and light artillery service of the Army of the United States, and which shall be the depot to which all recruits for such service shall be sent; and for the purpose of con- struction of such quarters, barracks, and stables as may be required to carry into effect the purposes of this act the sum of two hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appro- priated. 1 Act. of Jan. 29, 1887 (24 Stat. 372) . 1187. Leaves of absence of instructors at service schools. The pro- visions of section thirteen hundred and thirty, Revised Statutes, authorizing leaves of absence to certain officers of the Military Acad- emy, during the period of the suspension of the ordinary academic studies, without deduction from pay and allowances, be. and are hereby, extended to include officers on duty exclusively as instructors at the service schools on approval of the officer in charge of said schools. Act of Mar. 23, 1910 (36 Stat. 244). 1 The Cavalry and Light Artillery School was established in pursuance of the act of January 29, 1887, by General Orders, No. 17, Adjutant-General's Office, of March 14, 1892. See also in connection with this school the acts of October 2, 1888 (25 Stat. 534), and March 2, 1889 (id., 966). This school has been superseded by the " Mounted Service School at Fort Riley, Kans.," and provision has been made therefor under that title beginning with the act of March 3, 1909 (35 Stat. 733). (See par. 1183, ante.) MILITARY LAWS OF THE UNITED STATES. 429 1188. Prizes for graduates from Army schools for bakers and cooks. For providing prizes to be established by the Secretary of War for enlisted men of the Army who graduate from the Army schools for bakers and cooks, the total amount of such prizes at the various schools not to exceed nine hundred dollars per annum, * * * dollars. 1 Act of Mar. 2, 1907 (34 Stat. 1166). *A similar provision has occurred in the several annual Army appropriation acts since this enactment. XXIX, CONTRACTS AND PURCHASES. Par. General provisions 1189-1195 Contracts under direction of Secretary of War 1189 Unauthorized contracts prohib- ited 1190 Building contracts not to exceed appropriation 1191 Same penalty 1192 Sites for buildings 1193 Contracts for stationery 1194 Voluntary service 1195 Advertising 1196-1205 Advertising exceptions 1196 Same supplies, etc., for exec- utive departments 1197 Same Army supplies 1198 Same period of advertising and award 1199 Same open market purchases under $500 1200 Same in newspapers 1201 Same rates 1202 Same in District of Columbia, limitations 1203 Same rates in District of Co- lumbia 1204 Same on Pacific coast 1205 Proposals bidders' bonds 1206-1210 Secretary of War to prescribe rules, etc 1206 Bidders' bonds 1207 Opening bids 1208 Separate proposals and contracts 1209 River and harbor improvements in same region 1210 Written contracts returns of- fice 1211-1216 Formal written contracts re- turns office 1211 Oath to return 1212 Penalty for omitting return 1213 Instructions regarding return . . 1214 Stipulation that no Member, etc., of Congress shall have interest.. . 1215 Par. Written contracts returns office Continued. Contracts to be filed with audit- ors 1216 Bonds to secure payment for labor and material 1217 Eight-hour law 1218-1232 Eight hours to be a day's work 1218 Same contractors on public works emergencies 1219 Same penalty 1220 Same present contracts unaf- fected 1221 Same contract for withholding penalty 1222 Same exceptions 1223 Same when effective 1224 Same Canal Zone 1225 Same 1226 Mississippi River levee work . . 1227 Naval appropriation act 1228 Same 1229 Same 1230 Fortification act 1231 Amendment of act of August 1, 1892 1232 Transfer of contract prohibited 1233 Miscellaneous provisions 1234-1244 Preference for American mate- rial 1234 Means of transportation 1235 Contracts for printing 1236 Post bakeries 1237 Delivery of subsistence sup- plies 1238 Purchase of steel 1239 Purchases from Indians 1240 Name of contractor on supplies. 1241 Inspection of fuel District of Columbia 1242 Same copy of appointment to accounting officers 1243 Same certificate of inspector required 1244 431 432 MILITARY LAWS OF THE UNITED STATES. Par. Penal offenses 1245-1254 Member, etc., of Congress, or officer of United States accept- ing pay for procuring contract. 1245 Same for services in relation to contracts 1246 Member, etc., of Congress in- terested in contract 1247 Officer contracting with Mem- ber, etc., of Congress 1248 Par. Penal offenses Continued. Same exception as to corpora- tions 1249 Agent of corporation as agent of United States 1250 Bribery 1251 Extortion 1252 Witness accepting bribe 1253 Officer, etc., accepting bribe... 1254 GENERAL, PROVISIONS. 1189. Contracts under direction of Secretary of War. 1 All pur- chases and contracts for supplies or services for the military and naval service shall be made by or under the direction of the chief officers of the Departments of War and of the Navy, respectively. 2 1 The United States in its political capacity may, within the sphere of the con- stitutional powers confided to it, and through the instrumentality of the depart- ments to which those powers are intrusted, enter into contracts not prohibited by law and appropriate to the just exercise of these powers; no legislative authorization is required, such power being incident to the general right of sovereignty. (Dugan v. U. S., 3 Wheaton, 172; U. S. v. Tingey, 5 Peters, 114; U. S. v. Bradley, 10 id., 343 ; U. S. v. Linn, 15 id., 290 ; Cotton v. U. S., 11 How- ard, 229; Fowler v. U. S., 3 Ct Cls., 43; Allen v. U. S., id., 91.) "Under this statute the Secretary of War is the source of all authority to make contracts or purchases in all branches of the military establishment. " Whether he makes the contracts himself, or confers the authority upon others, it is his duty to see that they are properly and faithfully executed; and if he becomes satisfied that contracts which he has made himself are being fraudu- lently executed, or those made by others were made in disregard of the rights of the Government, or with the intent to defraud it, or are being unfaithfully executed, it is his duty to interpose, arrest the execution, and adopt effectual measures to protect the Government against the dishonesty of subordinates." (U. S. v. Adams, 7 Wall., 463, 477; Parish v. U. S., 8 Wall., 489.) The head of an Executive Department may, when not prejudicial to the in- terests of the Government, or for its benefit, alter or modify the terms of a con- tract made under his direction, but his subordinates may not take such action without express authority from him. (2 Comp. Dec., 182.) The laws governing the purchase of supplies for the Army are equally appli- cable whether the purchases are made from funds received from the sale of stores or from the regular appropriations available therefor. (3 Dig. 2d Comp. Dec., 287.) The Secretary of War has authority to extend the time for the execution of a contract made on behalf of his department when the interests of the Gov- ernment are not thereby prejudiced, and particularly when its noncompletion within the time limited is not due to the negligence of the contractor. (2 Comp. Dec., 242 ; Solomon v. U. S., 19 Wall., 17 ; U. S. v. Corliss Steam Engine Co., 91 U. S.. 321; XVIII Opin. Att. Gen., 101; 2 Comp. Dec., 635.) Approval of contract by superior authority. Where a contract in terms " is subject to the approval of the Quartermaster General," approval is a condition precedent to the legal effect of the agreement. (Darragh v U. S., 33 Ct. Cls., 377; Monroe & Richardson v. U. S., 35 id., 199; Cathell v. U. S., 46 id., 368; Monroe v. U. S., 184 U. S., 524.) The refusal of the Qartermaster General to approve a contract after work has been begun by the contractor is not a rescission. The contractor who begins work before approval does so at his own risk; and if he is paid for the work done, he can not recover profits as if there had been a breach. (Id.) Such approval need not be in writing. (Speed's Case, 8 Wallace, 77.) Government contracts, by whom made, binding force, etc. Where a public agent acts in the line of his duty and by legal authority, his contracts made MILITARY LAWS OF THE UNITED STATES. 433 And all agents or contractors for supplies or service as aforesaid shall render their accounts for settlement to the accountant of the proper department for which such supplies or services are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury in the manner before prescribed. Sec. 371^, R. S. 1190. Unauthorized contracts prohibited. No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropriation adequate to its ful- fillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies^ which, however, shall not exceed the necessities of the current year. 2 Sec. 3732, R. $., as amended by Act of June 12, 1906 (34 Stat. 255). on account of the Government are public and not personal. They inure to the benefit of and are obligatory on the Government, not the officer. (Hodgin v. Dexter, 1 Cranch, 345, 363; Parks v. Ross, 11 Howard, 362.) The Government is not bound by the act of its agent, unless it clearly appear that he acted within the scope of his authority, or was employed as a public agent to do, or was held out as having authority to do, such act. (Whiteside v. U. S., 93 U. S., 247; Lee v. Munroe, 7 Cranch, 366; Filer v. U. S., 9 Wall., 45.) Where service was performed under a general appropriation, the contractor is not bound to know the condition of the appropriation. (Myerle v. U. S., 33 Ct. Cls., 1.) See note to paragraph 1211, post. 1 The words " medical and hospital supplies " were added by act of June 12, 1906 (34 Stat. 255). a The United States when it enters into a contract with an individual relin- quishes its sovereign character quoad that transaction is subject to the rules of right and justice between man and man, and is controlled by the same laws that govern individuals with respect to such contract. (Clark v. U. S., 6 Wallace, 546 ; U. S. v. Smoot, 15 id., 47 ; Cooke v. U. S., 91 U. S., 398 ; U. S. v. Bostwick, 94 U. S., 592 ; Mann v. U. S., 3 Ct. Cls., 404 ; Chic. R. R. Co. v. U. S. 104, U. S., 680; U. S. v No. Am. Com. Co., 74 Fed. Rep., 145.) The United States is liable in damages for breach of contract to the same extent as an individual. (Chicago R. R. Co. v. U. S., 104 U. S., 680; Eastern R. R. Co. v. U. S., 129, U. S., 396.) Such right of action against the United States, however, is subject to the limitation that the Government can not be sued without its consent. (U. S. v. McLemore, 4 Howard, 286; U. S. v. Clarke, 8 Peters, 436 S 444 ; DeGroot v. U. S., 5 Wallace, 419 ; U. S. v. Eckford, 6 id., 484 ; U. S. v. Lee, 106 U. S., 204; Nock v. U. S., 2 Ct. Cls., 451.) Such consent to be sued, in respect to certain causes of action, has been given by the establishment of the Court of Claims. (For the jurisdiction of this court, see Chapter VII, ante.) The restrictions of section 3732, Revised Statutes, are in the alternative, prohibiting a contract or purchase on the part of the United States unless " authorized by law " or unless such contract or purchase is made " under an appropriation adequate to its fulfillment." Contracts to be valid must be shown to come under one or the other of these provisions. (Shipman v. U. S, 155 U. S., 500.) When the authority to enter into a contract for a particular work in behalf of the United States depends wholly upon an appropriation of money made for that purpose, no officer of the Government has power to create a liability therefor beyond the amount of the appropriation, and a contractor can not re- cover more than the money appropriated, whatever may be the extent of his work. When an alleged liability rests wholly upon the authority of an ap- propriation they must stand or fall together, so that when the latter is ex- hausted the former is at an end, to be revived, if at all, only by subsequent legislation by Congress. (Shipman v. U. S., 18 Ct. Cls., 138, 147; McCullom v. U. S., 17 id., 92, 103; Trenton Co. v. U. S., 12 id., 147, 157.) A contract in excess of the appropriation would not bind future appropriations even if con- 48985 15 28 434 MILITARY LAWS OF THE UNITED STATES. 1191. Building contract not to exceed appropriation. No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose. 1 Sec. 3733, R. S. 1192. Same Penalty. Whoever, being an officer of the United States, shall knowingly contract for the erection, repair, or furnish- ing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined not more than two thousand dollars and imprisoned not more than two years. Sec. 98 (Criminal Code) Act of Mar. J, 1909 (35 Stat. 1106). 1193. Sites for buildings. No monej" shall be paid nor contracts made for payment for any site for a public building in excess of the amount specifically appropriated therefor. Act of Mar. 3, 1875 (18 Stat. 395). 1194. Contracts for stationery. It shall not be lawful for any of the Executive Departments to make contracts for stationary or other supplies for a longer term than one year from the time the contract is made. Sec. 3735, R. S. 1195. Voluntary service Exceptions. Hereafter no Department or officer of the United States shall accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. 2 Act of May 1, 1884 (23 Stat. 17). ditioned on such appropriations. (15 Op. Atty. Gen., 235) ; and if a future appropriation is made, this gives rise to a new power to contract. (3 Comp. Dec., 438; 4 id., 318; 5 id., 968; 9 id., 284; 13 id.. 478; 14 id., 755; Chase v. U. S., 155 U. S. 500.) If an officer is clothed with authority to do a piece of work without limitation as to cost, the contracts made by him therefor are binding upon the Government whether money is appropriated for the purpose or not. (Shipman v. U. S., 18 id., 138; Collins v. U. S., 15 id., 22, 35; XIII Op. Att. Gen., 315; XV id., 236.) Acknowledgments and promises made by executive officers of the Government do not bind the United States when they are not made under express or implied authority of Congress. (Leonard et al. v. U. S., 18 Ct. Cls., 382.) * Authority to contract for the completion of an entire structure, the plan of which has been determined on, can not be inferred from the mere fact that an appropriation of a certain sum, to be expended on the structure, has been made. Hence a contract, though it be good to the extent of such appropriation, could not affix itself to future appropriations and control their expenditure. A con- tract of this character would be in violation of the spirit of section 3, act of July 25, 1868 (sec. 3733, R. S.), if not of its express terms. (XV Op. Att. Gen., 236.) Under section 5 of the act of June 20, 1874 (18 Stat. Ill), all appropriations for "public buildings" are available until otherwise ordered by Congress. (3 Dig. 2d Comp. Dec., 29.) A subappropriation for a public building must, under the act of June 20, 1874 (18 Stat. 110, 111), remain available until its object has been accomplished or until it has been exhausted, unless otherwise ordered by Congress. (Id. See also 2 Comp. Dec., 365; 3 id., 487.) 1 Denison v. U. S., 168 U. S., 241. MILITARY LAWS OF THE UNITED STATES. 435 ADVERTISING. 1196. Advertising Exceptions. All purchases and contracts for supplies 1 or services in any of the Departments of the Government, except for personal services, shall be made by advertising 2 a suffi- cient time previously for proposals respecting the same when the public exigencies do not require the immediate delivery of the arti- cles or performance of the service. When immediate delivery or performance is required by the public exigency 3 the articles or 1 The word " supplies " as used in section 3709 of the Revised Statutes evi- dently has reference to those things which the well-known needs of the public service will from time to time require in its different branches for its successful and efficient administration, and the statute was intended to afford the Gov- ernment the pecuniary benefits, as we*l as the protection against fraud and fav- oritism, which open and honest competition is always likely to secure. It could not have been in the mind of the lawmaking power to require that purchases could only be made after advertisement of small articles which may occasionally be needed, and where in many cases the cost of advertising itself would exceed the value of the article purchased. It can not be said that such cases are gov- erned by the emergency provision in the statute, for there may be, and are, many instances where the officer could not truthfully certify that immediate delivery was necessary. (3 Dig. 2d Comp. Dec., 238.) 2 The act of March 2, 1861, sec. 3709, R. S., while requiring such advertise- ment as the general rule, invests the officer charged with the duty of procuring supplies or services with a discretion to dispense with advertising if the exigen- cies of the public service require immediate delivery or performance. It is too well settled to admit of dispute at this day that where there is a discretion of this kind conferred on an officer or board of officers, and a contract is made in which they have exercised that discretion, the validity of the contract ca-i not be made to depend on the degree of wisdom or skill which may have accom- panied its exercise. (U. S. v. Speed, 8 Wall., 77, 83; Child v. U. S., 4 Ct. Gls., 176 ; Mason v. U. S., 4 Ct. Cls., 495 ; Wentworth v. U. S., 5 Ct. Cls., 302. See, also, III Comp. Dec., 175, 314, 470.) 8 Exigencies growing out of a state of war, or hostilities with Indians, were probably mainly had in view, and it is exigencies of this class which have been considered in the adjudged cases in the Supreme Court and Court of Claims. (See U. S. v. Speed, 8 Wallace, S3; Reeside v. U. S., 2 Ct. Cls., 1; Mowry v. U. S., id., 68 ; Stevens v. U. S., id., 95 ; Floyd v. U. S., id., 429 ; Crowell v. U. S., id., 501; Baker v. U. S., 3 id., 343; Henderson v. TJ. S., 4 id., 75; Childs v. U. S., id., 176 ; Wentworth v. U. S., 5 id., 302 ; Wilcox v. U. S., id., 386 ; Cobb v. U. S., 7 id., 471, and 9 id., 291 ; Thompson v. U. S., id., 187 ; McKee v. U. S., 12 id., 505.) It is clear, however, that other exigencies may exist requiring that con- tracts or purchases be made at once or without the delay incident to advertis- ing for proposals. Thus a loss of stores, structures, etc., on hand, caused by an actus Dei or vis major, as fire, storm, freshet, or a sudden riot or violent dis- order; or a loss of supplies occasioned by the neglect of military subordinates in charge; or a failure of a contractor to fulfill a contract for supplies, transpor- tation, or other service, might properly be regarded as constituting an " exi- gency " under the statute, if of such magnitude or injurious consequence to the Army as to necessitate an immediate making good of the deficiency. (McKee v. U. S., 12 Ct. Cls., 529.) The general rule, however, of the statute in requiring a notice and invitation to the public as a preliminary to the awarding of a contract, is founded upon a sound and well-considered public policy, and excep- tions thereto, especially in time of peace, should be recognized as admissible only where, if the rule were strictly complied with, the public interests would manifestly be most seriously prejudiced. (Dig. Opin. J. A. G. (1912), 293 A.) As to the authority who is to decide whether there exists such an exigency as is contemplated by the statute, the Supreme Court, in the United States v. Speed, 8 Wallace, 83, has held that it is " the officer charged with the duty of procuring supplies or services who is invested with this discretion." This de scription is rather general, nor is the term " the purchasing officer," by which the Court of Claims explains it, in Thompson v. U. S. (9 Ct. Cls., 196), a much 436 MILITARY LAWS OF THE UNITED STATES. service required may be procured by open purchase or contract at the places and in the manner in which such articles are usually bought and sold or such services engaged between individuals. Sec. 3709, R.S. 1197. Same Supplies, etc., for executive departments. Hereafter all supplies of fuel, ice, stationery, and other miscellaneous supplies for the executive departments and other government establishments in Washington, when the public exigencies do not require the im- mediate delivery of the article, shall be advertised and contracted for by the Secretary of the Treasury, instead of by the several de- partments and establishments, upon such days as he may designate. There shall be a general supply committee in lieu of the board pro- more precise definition. It is clear ,however, that a subordinate officer charged with the duty of being the immediate representative of the United States in a contract or purchase should not, in general, venture to dispense with advertis- ing, on the theory of the existence of a public exigency, in the absence of in- structions or orders from a proper superior. Nor, on the other hand, will a superior officer, in entering into a contract for his command or branch of the Service, properly assume that an "exigency " exists authorizing him to dispense with the statutory forms when the period is time of peace and no imperative necessity exists for the immediate delivery of the supplies or performance of the service supposed to be contracted for. It is to be noted that the cases both of Speed and Thompson related to contracts entered into during the Civil War. In the instructive opinions of the Attorney General on the " Fifteen per cent contracts " of April 27 and May 3, 1877 (XV Opin., 235, 253), it is held that the "exigency" contemplated by the statute can be one of time only, and that it can be regarded as existing only where an immediate delivery or performance is required by a public necessity. (Dig. Opin. J. A. G. (1912), note on p. 306.) A military emergency can not be measured by precise rules. (Thompson v. U. S'., 9 Ct. Cls., 187.) The act of March 2, 1861 (sec. 3709, R. S.), requires of a quartermaster that openness, diligence, prudence, and care which an indi- vidual might be supposed to exercise were he buying goods in just such an emergency and under just such circumstances. * * * A statute relating to national emergencies must necessarily be construed liberally, but a case under it can form no precedent for other cases. What was right for a quartermaster to do under certain circumstances can be lawful and right only when the precise circumstances are repeated. (Childs & Co. v. U. S., 4 Ct. Cls., 176.) An officer charged with the duty of making a contract or purchase is re- sponsible under the laws and regulations for his action. Permission or orders to make a contract or purchase without inviting competition will not justify that procedure and will not be given. (Par. 520, A. R., 1913.) In the absence of any emergency in fact, or any declared by the head of the department in which a public work is being carried on, or any emergency that can be judicially inferred, the requirements of this section, in respect to ad- vertisement, are mandatory, and a contract made in violation of it is void. (Schneider v. U. S., 19 Ct. Cls., 547, 551.) Personal services are such as the individual employed or contracted with must perform, in person, directly under the control and supervision of an officer or agent of the Government, as distinguished from services the performance of which may be delegated by the contractor to others. (Par. 596, A. R., 1901.) They are contracts for expert or skilled service to be performed by the con- tractor in person. (Dig. Opin. J. A. G. (1912), 308D. See also 15 Op. Atty. Gen., 235, 253; 19 id., 96; 6 Comp. Dec., 314.) Where the essential part of a contract is for personal services, advertising for proposals under section 3709, Revised Statutes, is not required. (2 Cornp. Dec., 185.) Section 3709 does not require the advertising for proposals, nor the entering into contracts for the purchase of patented or copyrighted articles where the benefit of competition can not be secured. (2 Comp. Dec., 632.) See Dig. Opin. J. A. G. (1912), pages 306-312, as to exceptions to the rule requiring advertising. MILITARY LAWS OF THE UNITED STATES. 437 vided for in section thirty-seven hundred and nine of the Revised Statutes as amended, composed of officers, one from each such depart- ment, designated by the head thereof, the duties of which committee shall be to make, under the direction of the said Secretary, an annual schedule of required miscellaneous supplies, to standardize such sup- plies, eliminating all unnecessary grades and varieties, and to aid said Secretary in soliciting bids based upon formulas and specifications drawn up by such experts in the service of the Government as the committee may see fit to call upon, who shall render whatever assist- ance they may require. The committee shall aid said Secretary in securing the proper fulfillment of the contracts for such supplies, for which purpose the said Secretary shall prescribe, and all depart- ments comply with, rules providing for such examination and tests of the articles received as may be necessary for such purpose ; in mak- ing additions to the said schedule; in opening and considering the bids, and shall perform such other similar duties as he may assign to them: Provided, That the articles intended to be purchased in this manner are those in common use by or suitable to the ordinary needs of two or more such departments or establishments; but the said Secretary shall have discretion to amend the annual common supply schedule from time to time as to any articles that, in his judgment, can as well be thus purchased. In all cases only one bond for the proper performance of each contract shall be required, notwithstand- ing that supplies for more than one department or government es- tablishment are included in such contract. Every purchase or draw- ing of such supplies from the contractor shall be immediately re- ported to said committee. No disbursing officer shall be a member of such committee. No department or establishment shall purchase or draw supplies from the common schedule through more than one office or bureau, except in case of detached bureaus or offices having field or outlying service, which may purchase directly from the con- tractor with the permission of the head of their department: And provided further, That telephone service, electric light, and power service purchased or contracted for from companies or individuals shall be so obtained by him. 1 Sec. 4, Act of June 17, 1910 (36 Stat. 531}. 1198. Same Army supplies. Hereafter, except in cases of emer- gency or where it is impracticable to secure competition, the purchase of all supplies for the use of the various departments and posts of the Army and of the branches of the army service shall only be made after advertisement, and shall be purchased where the same can be purchased the cheapest, quality and cost of transportation and the lr This paragraph amends section 3700 of the Revised Statutes, as amended by section 1 of the act of January 27, 1894 (28 Stat. 33), and April 21, 1894 (28 Stat. 62), and supersedes said amendments. 438 MILITARY LAWS OF THE UNITED STATES. interests of the Government considered ; but every open-market emer- gency purchase made in the manner common among business men which exceeds in amount two hundred dollars shall be reported for approval to the Secretary of War under such regulations as he may prescribe. 1 Act of Mar. %, 1901 (31 Stat. 905). 1199. Same Period of advertising and aivard. That all purchases of said supplies, except in cases of emergency, which must be at once reported to the Secretary of War for his approval, shall be made by contract after public notice of not less than ten days for small amounts for immediate use, and of not less than from thirty to sixty days whenever, in the opinion of the Secretary of War, the circum- stances of the case and conditions of the service shall warrant such extension of time. The award in every case shall be made to the lowest responsible bidder for the best and most suitable article, the right being reserved to reject any and all bids. Act of July 5, 1884 (23 Stat. 109). 1200. /Same Open market purchases under $500. Hereafter the purchase of supplies and the procurement of services for all branches of the Army service may be made in open market, in the manner common among business men, when the aggregate of the amount required does not exceed five hundred dollars; but every such pur- chase exceeding one hundred dollars shall be promptly reported to the Secretary of War for approval, under such regulations as he may prescribe. 2 Act of June 12, 1906 (34 Stat. 258}. J This enactment replaces the acts of February 27/1893 (27 Stat. 483), August 6, 1894 (28 id., 233), March 15, 1898 (30 id., 322), and section 3729 of the Revised Statutes. For regulations governing open-market purchases see para- graphs 551-554, Army Regulations of 1913. It has been held by the Attorney-General that " the object of this legislation is to secure for the Government the benefit of competition in obtaining supplies and to prevent favoritism in making the purchases thereof. It contemplates one general mode of purchase, namely, by contract, after advertisement, with ' the lowest responsible bidder for the best and most suitable article,' with but a single exception, and that is where an ' emergency ' exists requiring the pur- chase to be otherwise made. Such emergency may arise not only before the required public notice can be given, but after it has once been given, in con- sequence of the failure to receive any bids or proposals ; in either case the pur- chase thereupon would be an emergency purchase, and come within the require- ments of the statute for an immediate report to the Secretary of War for his approval. This requirement is, I think, designed to extend to all purchases which are not made agreeably to the general mode above indicated, and hence it applies to the purchase of parts of machinery, or parts of stoves or ranges, for repairs, or of patented articles, when the same is (as in cases of emergency, and those only, it may be) made in open market." (18 Opin. Att. Gen., 349.) ''Held, that the authority to procure supplies of limited quantity " in the manner common among business men," not only gives authority to purchase without advertising, and also permits of the purchase without a written con- tract as required by sec. 3744, R. S., Dig. Op. J. A. G. (1912), p. 309, E. 4, p. 360, G. Also held that there was nothing in the act to justify construing the words " aggregate of the amount required " to require that the purchase should be limited to any particular period of time, as day, month, or year, or shall be limited to purchases made from a single firm, etc. " The aggregate should include all supplies which are properly grouped together in a single transac- tion, and which would be included in a single advertisement for bids, if adver- MILITAKY LAWS OF THE UNITED STATES. 439 1201. Same In newspapers. No advertisement, notice, or pro- posal for any Executive Department of the Government, or for any bureau thereof, or for any office therewith connected, shall be pub- lished in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such department; and no bill for any such advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority. 1 Sec. 3828, R. S. 1202. Same Rates. Hereafter all advertisements, notices, pro- posals for contracts, and all forms of advertising required by law for the several departments of the Government may be paid for at a price not to exceed the commercial rates charged to private indi- viduals, 2 with the usual discounts ; such rates to be ascertained from tiseinent were resorted to. Purchases arising from the same need of the same articles of subsistence stores should not be made more frequently than the necessities of the service require, so as to limit the aggregate in each case to $500, and supplies which are usually purchased together should not be divided simply for the purpose of avoiding advertising for the same. If the character of the supplies is such that good administration would require their purchase 'in quantities sufficient to last a month, purchases should not be made weekly or daily for the purpose of bringing the amount within the limit authorized for open-market purchases. Subject to the above considerations, the matter is one depending upon the sound discretion of the purchasing officer." (C. 28931, Sept. 2, 1911.) x The requirements of section 3828, Revised Statutes, extend to all officers connected with any executive department, no matter where situated, and not merely to those at the seat of Government. (16 Opin. Atty. Gen., 616.) They are complied with by the issue of a general circular of instructions, and it is not necessary to file authority with each particular bill. (Comp. Dec., 1893-94, 103; U. S. v. Odeneal, 10 Fed. Rep., 616; 13 Comp. Dec., 446.) The written authority must precede the publication. A subsequent approval or ratification will not be sufficient. (5 Conip. Dec., 167; 14 id., 747.) When advertising in connection with the purchase of subsistence supplies for the Army is, by law, a necessary condition precedent to the purchase of such supplies, and there is no specific appropriation for such advertising, the cost thereof is properly chargeable to the appropriation " Subsistence of the Army." (3 Dig. Comp. Dec., 23.) Under section 3709 of the Revised Statutes and paragraph 1486 of the Army Regulations (1881) the length of time for the publication of advertisements inviting proposals for furnishing Army supplies was left somewhat to the dis- cretion of the purchasing officer. But the act of July 5, 1884 (23 Stat. 109), has fixed, in ail cases excepting emergency purchases, the minimum period dur- ing which public notice shall be given, authorizing the purchase of " small amounts for immediate use " after public notice of not less than ten days, while all other purchases are required to be made after public notice of not less than thirty days. (Id., 23.) Under the Army Regulations, advertisement may be made by handbills ; but when this method is resorted to it must be shown that the handbills were cir- culated to such an extent as to render it probable that a large number of per- sons engaged in the business of furnishing the articles desired had thus been afforded an opportunity to compete for the contract which was to be let. (Id., 24. See also 3 Comp. Dec., 730.) The subject of advertising in the War Department and its several bureaus and offices, and in the Military Establishment generally, is regulated by the provisions of paragraphs 499-509, Army Regulations of 1913. 2 A disbursing officer is not authorized to pay bills for newspaper advertising when he is satisfied that the price exceeds the commercial rates charged to private individuals, with the usual discounts, notwithstanding the affidavit of the proprietor of the newspaper to the contrary. (1 Comp. Dec., 312.) 440 MILITARY LAWS OF THE UNITED STATES. sworn statements to be furnished by the proprietors or publishers of the newspapers proposing so to advertise: Provided, That all adver- tising in newspapers since the tenth day of April, eighteen hundred and seventy-seven, shall be audited and paid at like rates; but the heads of the several departments may secure lower terms at special rates whenever the public interest requires it. Act of June 20, 1878 (20 Stat.216). 1203. Same In District of Columbia Limitations. All executive proclamations, and all treaties required by law to be published, shall be published in only one newspaper, the same to be printed and pub- lished in the District of Columbia and to be designated by the Secre- tary of State and in no case of advertisement for contracts for the public service shall the same be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by such advertisement are to be furnished or performed in said District of Columbia. Act of July 31, 1876 (19 Stat. 105). 1204. Same Rates in District of Columbia. All advertising re- quired by existing laws to be done in the District of Columbia by any of the departments of the Government shall be given to one daily and one weekly newspaper of each of the two principal political parties and to one daily and one weekly neutral newspaper: Pro- vided, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accord- ance with section thirty-eight hundred and twenty-eight of the Re- vised Statutes. Act of Jan. 21, 1881 (21 Stat. 317). 1205. Same On Pacific coast. The Quartermaster's Department of the Army, in obtaining supplies for the military service, shall state in all advertisements for bids for contracts that a preference shall be given to articles of domestic production and manufacture, conditions of price and quality being equal, and that such preference shall be given to articles of American production and manufacture produced on the Pacific coast, to the extent of the consumption required by the public service there. In advertising for Army supplies the Quartermaster's Department shall require all articles which are to be used in the States and Territories of the Pacific coast to be deliv- ered and inspected at points designated in those States and Territo- ries; and the advertisements for such supplies shall be published in newspapers of the cities of San Francisco, in California, and Port- land, in Oregon. See 3716, R. S. 1206. Secretary of War to prescribe rules, etc. The Secretary of War is hereby authorized to prescribe rules and regulations to be observed in the preparation and submission and opening of bids for MILITAKY LAWS OF THE UNITED STATES. 441 contracts under the War Department. 1 Act of Apr. 10 ', 1878 (20 Stat. 36). 1207. Bidders' 1 bonds. He may require every bid to be accom- panied by a written guaranty, signed by one or more responsible persons, to the effect that he or they undertake that the bidder, if his bid is accepted, will, at such time as may be prescribed by the Secretary of War or the officer authorized to make a contract in the premises, give bond, with good and sufficient sureties, to furnish the supplies proposed or to perform the service required. If after the acceptance of a bid and a notification thereof to the bidder he fails within the time prescribed by the Secretary of War or other duly authorized officer to enter into a contract and furnish a bond with good and sufficient security for the proper fulfillment of its terms, the Secretary or other authorized officer shall proceed to contract with some other person to furnish the supplies or perform the service required, and shall forthwith cause the difference between the amount specified by the bidder in default in the proposal and the amount for which he may have contracted with another party to furnish the sup- plies or perform the service for the whole period of the proposal to be charged up against the bidder and his guarantor or guarantors, and the sum may be immediately recovered by the United States for the use of the War Department in an action of debt against either or all of such persons. 2 Act of Mar. 3, 1883 (22 Stat. 488). 1208. Opening bids. Whenever proposals for supplies have been solicited, the parties responding to such solicitations shall be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attorney, and a record of each bid shall then and there be made. Sec. 3710, R. S. 1209. Separate proposals and contracts. Whenever the Secretary of War invites proposals for any works, or for any material or labor for works, there shall be separate proposals and separate con- tracts for each work, and also for each class of material or labor for each work. Sec. 3717, R. S. 1210. River and Harbor improvements in same region. Nothing contained in section thirty-seven hundred and seventeen of the Re- vised Statutes of the United States, nor in section three of the river and harbor act of August eleventh, eighteen hundred and eighty- eight, shall be so construed as to prohibit or prevent the cumulation of two or more works of river and harbor improvement in the same proposal and contract where such works are situated in the same region and of the same kind or character. Sec. 2, Act of Sept. 19, 1890 (26 Stat. 458). 1 For regulations prepared by the Secretary of War under the authority con- ferred by this statute, see paragraphs 522-549 Army Regulations of 1913. 55 For requirements of regulations in respect to guaranties or certified checks in support of bids and proposals, see paragraphs 535-537, Army Regulations of 1913 ; and for terms of guaranty and decisions and opinions regarding same, see Dig. Opin. J. A. G. (1912), notes on pages 335 and 336. 442 MILITAKY LAWS OF THE UNITED STATES. WRITTEN CONTRACTS 1 RETURNS OFFICE. 1211. Formal written contracts Returns office. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior, to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof ; 2 a copy of which shall be filed by the officer 1 For instructions respecting the preparation and execution of contracts, see paragraphs 555-5G5, Army Regulations of 1913. 3 It may be considered as settled that so much of section 3744 as provides that all contracts shall " be reduced to writing and signed by the contracting parties with their names at the end thereof " is mandatory, and contracts which do not comply with its requirements are void. In looking at the scope and pur- pose of this law and at the words in which it is couched, I can not doubt of the intention of Congress in its enactment. To my mind it is clear that it was designed to require every executory contract, at least, to be put in writing, so that its terms might not be mistaken and that the character and extent of the outstanding engagements of the United States might at all times be known to the executive and legislative departments, or be capable of being ascertained in a reasonable time and with appropriate exactitude. (Henderson v. U. S., 4 Ct. Cls., 75, 83.) There is no class of cases in which a statute for preventing frauds and perjuries is more needed than in this. And we think that the statute in question was intended to operate as such. It makes it unlawful for contracting officers to make contracts in any other way than by writing signed by the parties. This is equivalent to prohibiting any other mode of making contracts. (Clark v. U. S., 95 U. S., 539, 542; South Boston Iron Co. v. U. S., 18 Ct. Cls., 165, 176; U. S. v. Lament, 2 D. C. App., 532.) The provisions of this section apply to contracts made in emergencies. (Cobb et al. v. U. S., 18 Ct. Cls., 514, 532 ; Clark v. U. S., 95 U. S., 539.) Offers and acceptances by letter are pre- liminary memoranda only and do not constitute a valid contract within the meaning of the statute. (South Boston Iron Co. v. U. S., 118 U. S., 37, 42.) Where, however, a parol contract has been partly executed, the party perform- ing will be entitled to recover the fair value of his property or services as upon an implied contract for a quantum meruit. (Clark v. U. S., 95 U. S., 539.) See also Warren & Goss v. U. S., 23 Ct. Cls., 77; South Boston Iron Co. v. U. S., 18 id., 165, and 118 U. S., 37 ; Clark v. U. S., 95 U. S., 543 ; The Interna- tional contracting Co. v. Lament, 2 Ct. App. D. C., 532. See also Lindsley v. U. S., 4 Ct. Cls., 359; Burchiel v. U. S., 4 Ct. Cls., 549; Bernheimer v. U. S., 5 Ct. Cls., 65.) The formal execution of contracts for Government work, as a prerequisite for their legality and binding effect, after the acceptance of pro- posals, as required by section 3744, -Revised Statutes, was not dispensed with by the acts of March 23, 1883 (22 3tat. 488), and section 3 of the act of August 11, 1888 (25 Stat. 400, 423). U. S. v. Lament, 2 D. C. App., 532. In St. Louis Hay & Grain Co. v. United States (191 U. S., 163) it was held that after performance of a contract not meeting the requirement of the stat- ute recovery may be had for the amount agreed upon, notwithstanding the fact that the instrument itself was void as an executory contract. In the opinion of the court it was said : " The invalidity of the contract is immaterial after it has been performed. When a lawful transfer of property is executed, it does not matter whether the terms of the execution were void or valid while executory, the transfer can not be revoked or the terms changed. A promise to make a gift does not bind, but a gift can not be taken back, and a transfer in pursuance of mutual promise is not made less effectual by those promises or by the fact that money was received in exchange. The contract may be void as such, but it expresses the terms on which the parties, respectively, paid their money and delivered their goods." (See, to the same effect, U. S. v. Andrews, 207 U. S., 229; 14th Comp. Dec., 594.) See also, 15th idem, pages 65 and 89, where it was held on the authority of the decision of the Supreme Court that when informal contracts by proposal MILITARY LAWS OF THE UNITED STATES. 443 making and signing the contract in the Returns Office of the De- partment of the Interior, as soon after the contract is made as possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in rela- tion to each contract shall be attached together by a ribbon and seal, and marked by numbers in regular order, according to the number of papers composing the whole return. 1 Sec. 37 M, R. S. 1212. Oath to return. It shall be the further duty of the officer, before making his return, according to the preceding section, to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to ^administer oaths : 2 "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with - ; that I made the same fairly without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said , or any other person: and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided." Sec. 3745, R. S. 1213. Penalty for omitting return. Every officer who makes any contract, and fails or neglects to make return of the same, according and acceptance have been executed with the exception that the price has not been paid, the contractor is entitled to be paid the full contract price although the price be in excess of the current price at the time and place of delivery. If there is an exigency or emergency requiring immediate delivery of prop- erty or immediate rendition of services a written contract is not necessary. (9 Comp. Dec., 460; 15 Comp. Dec., 65; 36 Ct. Cls., 105; 42 Ct Cls., 351; par. 550, A. R. 1913.) See also Ceballos v. U. S. (42 Ct. Cls., 318), as to emergency contracts in time of war. The time fixed in an existing written contract for the completion of the same may be orally waived that is, extended indefinitely and the written contract will continue in force, with a reasonable time for performance. (8 Comp. Dec., 104.) But if it is desired to extend the time to a specific date, section 3744, Revised Statutes, applies, and the extension should be accomplished by a formal written contract. (8 Comp. Dec., 104.) A written contract is not necessary in expending the sum of $50,000,000 ap- propriated in 1898 (30 Stat. 273) for national defense, which was "to be ex- pended at the discretion of the President." (9 Comp. Dec., 457.) The act of June 25, 1910 (36 Stat. 676), provides that "the requirements of section thirty-seven hundred and forty-four of the Revised Statutes shall not apply to the lease of lands, or easements therein, or of buildings, rooms, wharves, or rights of wharfage or dockage, or to the hire of vessels, boats, and other floating craft, for use in connection with river and harbor improvements, where the period of any such lease or hire is not to exceed three months." 1 It is proper to remark that in the event of a suit being instituted against a principal or surety on a contract of the United States, the copy of the contract riled in the Returns Office would have no evidential value, and a copy of the original filed in the office of the Comptroller of the Treasury under the provi- sions of section 3743, Revised Statutes, paragraph 1216, supra, would have to be produced subject to the authentication required in section 886 of the Revised Statutes. a This oath may be taken before an officer authorized to administer oaths for " purposes of military administration," etc., by act of July 27, 1892 (27 Stat. 278). (Dig. Opin. J. A. G. (1912), p. 361.) 444 MILITARY LAWS OF THE UNITED STATES. to the provisions of the two preceding sections, unless from unavoid- able accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dol- lars nor more than five hundred, and imprisoned not more than six months. Sec. 3746, R. S. 1214. Instructions regarding return. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with au- thority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer under the two preceding sections, and also to furnish therewith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible. 1 Sec. 3747, R- S. 1215. Stipulation that no member of Congress has interest. In every such contract or agreement to be made or entered into, or ac- cepted by or on behalf of the United States, there shall be inserted an express condition that no member of, [or Delegate to,] Congress [or Resident Commissioner] shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon. 2 Sec. 3741, R. S. 1216. Contracts to ~be -filed with auditors. All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, ac- cording to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress. 3 Sec. 3743, R. S., as amended ~by Act of July 31, 1894 (28 Stat. 210). BONDS TO SECURE PAYMENT FOR LABOR AND MATERIALS. 1217. Same. Hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall 1 For requirements of regulations in respect to the furnishing of contracts, and papers pertaining thereto, to the Returns Office of the Interior Department, see pars. 555-565. A. R., 191.3. "See sec. 114, U. S. Criminal Code (35 Stat. 1109). * All formal written contracts connected with the settlement of public accounts should be placed, and should remain, on file in the offices designated by law as their proper depositories. (3 Dig. 2d Corup. Dec., 112.) This statutory requirement includes not only all formal written contracts or specialties in any manner connected with the settlement of accounts, but also all properly authorized extensions or other modifications of such contracts, every modification of a contract being in the nature of a new contract and connected with the settlement of accounts. (Id., 112.) Only formal written contracts are required under section 3743 of the Revised Statutes as amended to be filed. Informal contracts and the papers pertaining MILITARY LAWS OF THE UNITED STATES. 445 be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such con- tract; and any person, company, or corporation who has furnished labor or materials used in the construction or repair of any public building or public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the United States on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of the United States.* If the full amount of the liability of the surety on said bond is insufficient to pay the. full amount of said claims and demands, then, after paying the full amount due the United States, the remainder shall be distributed pro rata among said interveners. If no suit should be brought by the United States within six months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon application therefor, and furnishing affidavit to the Department under the direction of which said work has been prosecuted that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said con- tract and bond, upon which he or they shall have a right of action, and shall be, and are hereby, authorized to bring suit in the name of the United States in the circuit court of the United States in the district in which said contract was to be performed and executed, irrespective of the amount in controversy in such suit, and not else- where, for his or their use and benefit, against said contractor and his sureties, and to prosecute the same to final judgment and execu- tion : Provided, That where suit is instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final settlement thereof, and shall be commenced within one year after the perform- ance and final settlement of said contract, and not later: And pro- thereto should be filed with the accounts or vouchers to which they relate in order to facilitate the examination and revision of accounts and vouchers. (Id., 109.) A separate notification is required in each case of extension of a contract, so that it can be filed, with the contract to which it pertains. Otherwise notifica- tions of extensions of contracts will fail of the purpose contemplated in section 3743 of the Revised Statutes. (Id., 112.) Formal written contracts made and filed in the proper office in pursuance of law must be regarded as necessary in the settlement of public accounts or claims, and therefore can not properly be returned either for cancellation or amendment. (Id.) See paragraphs 569-5S1, A. R. of 1913, for provisions relating to contractor's bonds. Also Dig. Opiu. J. A. G. (1912), pp. 205, 206, and 212-215. 446 MILITARY LAWS OF THE UNITED STATES. vided further. That where suit is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within one year from the completion of the work under said contract, and not later. If the recovery on the bond should be inadequate to pay the amounts found due to all of said creditors, judgment shall be given to each creditor pro rata of the amount of the recovery. The surety on said bond may pay into court, for distribution among said claimants and creditors, the full amount of the sureties' liability, to wit, the penalty named in the bond, less any amount which said surety may have had to pay to the United States by reason of the execution of said bond, and upon so doing the surety will be relieved from fur- ther liability: Provided further, That in all suits instituted under the provisions of this Act such personal notice of the pendency of such suits, informing them of their right to intervene as the court may order, shall be given to all known creditors, and in addition thereto notice of publication in some newspaper of general circula- tion, published in the State or town where the contract is being per- formed, for at least three successive weeks, the last publication to be at least three months before the time limited therefor. 1 Act of Aug. 13, 1894 (8 Stat. 278), as amended ~by Act of Feb. &, 1905 (33 Stat.812). x l. This paragraph supersedes the act of August 13, 1894 (28 Stat. 278). The bond which is provided for by the original statute was held to be " intended to perform a double function : In the first place, to secure to the Government, as before, the faithful performance of all obligations which the contractor might assume toward it ; and in the second place to protect third persons from whom the contractor obtained materials or labor." (U. S. v. National Surety Co., 92 Fed. Rep., 549; U. S. v. Bundle, 100 Fed. Rep., 400.) The statute does not create an additional obligation on the part of the United States toward the surety in the nature of an equitable lien or other right. The United States has no right to withhold any funds due a contractor for the purpose of indemnify- ing the surety for monies paid out by him to material men and laborers. (3 Comp. Dec., 708; 15 id., 711 ; 16 id., 426.) Held by the Attorney General (23 Opin., 174) that the act does not refer to contracts for the construction of a naval vessel, where the whole title remains in the contractor until its completion and acceptance ~by the Government. (See also 26 Opin. Atty. Gen., 30.) Where, however, the contract for the construction of a vessel provides for the title to pass as payments are made the act applies. (Title Guaranty & Trust Co. v. Crane Co., 219 U. S., 24. See also U. S. v. Ansonia Brass & Copper Co., 218 U. S., 452.) 2. The statute protects persons furnishing labor and materials to subcon- tractors as well as to the original contractor. (U. S. v. American Surety Co., 200 U. S., 197.) But it does not include the claims of a railroad company for freight due on materials which are loaded and unloaded by the contractor, such charges being neither labor nor materials within the meaning and pur- pose of the act. (U. S. v. Hyatt, 92 Fed Rep., 442.) Nor does it include the purchase or repair of the contractor's plant. (U. S. v. Morgan, 111 id., 474.) A Government contractor for public work, who has given a bond conditioned that he will " make full payment to all persons supplying him with labor and materials " is not liable thereunder for wages due from a subcontractor who has supplied him with materials when he paid such contractor in full therefor. (U. S. v. Farley et al., 91 id., 474.) 3. The bond provided for by the statute is regarded as in effect two obliga- tions, one to the United States to secure the due performance of the contract ; MILITARY LAWS OF THE UNITED STATES. 447 THE EIGHT-HOUR LAW. 1218. Eight hours to be a day s work. Eight hours shall constitute a day's work for all laborers, workmen, and mechanics who may be employed by or on behalf of the United States. 1 Sec. 3738 R. 8. 1219. Same Contractors on public works Emergencies. That the service and employment of all laborers and mechanics 2 who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or sub- and the other to the United States, but in behalf of labor and material men, to secure their payment; and the obligation for the benefit of the labor and material men is not released by the action of the contractor and the United States in modifying the contract without the surety's assent. (See Conn v State, 125 Ind., 514; 46 Nebr., 644; 41.^., 655; 40 Minn., 27; U. S. v. Rundle, 100 Fed. Rep., 400 ; U. S. v. National Surety Co., 92 id., 549 ; U. S. v. American Bonding Co., 89 id., 921; U. S. Fidelity, etc.. Co. v. Golden Pressed Brick Co., 191 U. S., 416. See also Dig. Opin. J. A. G. (1912), pp. 370, 371.) Congress has power to regulate the hours of labor which may be required or permitted on public works of the United States, though such work may be carried on within the territorial jurisdiction of a State. (U. S. v. San Francisco Bridge Co., 88 Fed. Rep., 891.) The eight-hour law does not establish an in- flexible rule for the payment of wages. Its intent is not to increase wages, but to elevate the condition of laboring men by diminishing their hours of labor. (Averill v. U. S., 14 Ct. Cls., 200.) To elevate the condition of laboring men by diminishing their hours of labor is not the only object of the law. It is strongly contended that an eight-hour day inures to the advantage of the em- ployer, as the superior workmanship of the eight-hour day more than com- pensates for the shorter day. Both views should be taken into consideration in questions involving construction of the eight-hour statutes. The original statute on this subject the act of June 25, 1868, incorporated in section 3738 Revised Statutes, merely provided that eight hours should " constitute a day's work " for laborers, etc., employed by the United States. It was held by the Supreme Court (U. S. v. Martin, 94 U. S., 400, Oct., 1876) that this enactment was merely " a direction by the Government to its agents " not " a contract between the Government and its laborers, that eight hours shall constitute a day's work," and that it did not prevent the Government from making agreements with them by which their labor may be more (or less) than eight hours a day. The act thus failed of its apparent object. To cure this defect the act of August 1, 1892, was passed. And to extend the law gen- erally to public contracts the act of June 19, 1912, was passed. 2 What constitutes a laborer or mechanic within the meaning of the statute must be determined by the facts arising in any particular case. Inquiry having been made of the War Department by certain contractors whether the men employed on dredges, scows, and tugs on Lake Erie, under contracts with the United States, were not to be regarded as excepted from the application of the act of 1892, held that it was not the duty or province of this department to determine such questions, but the same were for the courts to decide, on trials under the second section of the act, of persons charged with violations of its provisions. Neither this or other departments of the Government can lay down rules or make constructions of the law for contractors which would effectually protect them were they brought to trial. (Dig. Op. J. A. G., IV., 591.) In reply to a communication from the Secretary of War, August 29, 1892, the Attorney General, whose opinion had been asked with regard to the application in general of the eight-hour law to the construction of levees in the Mississippi River, declined to give an official opinion with a view to the guidance of persons who may propose to enter in contract relations with the United States in absence of a specific case requiring the action of the Secretary. (20 Opin. Atty. Gen., 465.) Held, that the term " laborer," as used in the act of 1892, was apparently intended in a comprehensive sense, and that to declare certain classes of em- ployment as " peculiar," and therefore excepted from the operation of the act, would be a restriction not warranted by the language of the statute. Thus a proposed regulation excepting " watchmen, messengers, teamsters, engineers, 448 MILITARY LAWS OF THE UNITED STATES. contractor upon any of the public works 1 of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or me- chanics to require or permit any such laborer or mechanic to work firemen, seamen," and some others, was not included in the description " labor- ers and mechanics" not recommended to be adopted. (Dig. Op. J. A. G., 381, par. 4, Ed. 1895.) In replying to a communication from the Secretary of War, August 27, 1892, the Attorney General, whose opinion had been asked as to whether the term " laborers and mechanics " in the statute included teamsters, watchmen, engineers, and firemen employed in the public service of the War Department, and all engineers, firemen, deckhands, mates, and seamen on Government vessels, replied that as to particular employees the answer de- pended upon matters of fact not stated and not within his cognizance. If the employees named are ordinary laborers or mechanics, working for the Government for wages under ordinary conditions, the statute would seem to apply. At the same time it is quite apparent that, as to some of them, it might frequently happen that they would be within the emergency exception named in the statute, and as to others, as, for instance, sailors or others on shipboard, or teamsters, their employment being peculiar, they might well be held to be, as a matter of fact, neither laborers nor mechanics within the meaning of this law. (20 Op. Atty. Gen., 463.) Under the order of the President of September 11, 1907, directing that all persons employed as watch- men, lock tenders, lock employees, etc. (see par. 731, A. R., 1913), shall "be considered as covered by the eight-hour law, and that exceptions only be made by the Secretary himself on the case being reported to him," held that excep- tions were only intended to be made in case of emergency or where, owing to the nature of the duties of the particular employee, he should not be regarded as within the President's order or as a laborer or mechanic within the mean- ing of the law. (Dig. Op. J. A. G., V., 592.) In Ellis v. United States (206 U. S., 260), in passing upon the question whether persons employed on dredges and scows in dredging a channel in a harbor were laborers or mechanics the court states : "As in other cases where a broad distinction is admitted, it ulti- mately becomes necessary to draw a line, and the determination of the precise place of that line in nice cases always seems somewhat technical, but still the line must be drawn." (For decisions as to laborers and mechanics see Dig. Op. J.^A. G., Eight-hour law.) a The act of August 1, 1892, is of general application, and the limitation as to public works in said act applies only to such persons as are in the employ of contractors and subcontractors. (20 Op. Atty. Gen., 459.) Undoubtedly " public works " is a phrase of rather wide signification, and it has not been precisely and fully defined. (26 Op. Atty. Gen., 33.) The term " public works of the United States " should not be narrowly construed. (20 Op. Atty. Gen., 459.) Held not to apply to construction of naval vessels under contract. (26 Op. Atty. Gen., 33.) But the naval appropriation acts subsequent to that opinion and prior to the act of June 19, 1912, required eight- hour days. The act of June 19, 1912, extends to construction of naval vessels. (See also U. S. v. Ansonia Brass & Copper Co., 218 U. S., 452.) Held that the construction of levees on the banks of the Mississippi River, in accordance with the plans of the Mississippi River Commission, was a public work of the United States in the sense of the act of August 1, 1892, although the United States did not own the land. A proprietorship in or jurisdiction over the thing constructed is not necessary. The United States expends annually more than twenty millions for the improvement of rivers and harbors, but the greater part of this is done without acquiring title or jurisdiction to or over the premises. The question under the act is not in whom is the title or jurisdiction, but who is doing the work. The construction of these levees is a particular work appropriated for by Congress and to be contracted for by the United States. It is therefore one of the public works of the United States and subject to the provisions of this statute. (Dig. Op. J. A. G., 590, II.) But see river and harbor appropriation acts 1911 and 1912, post. MILITAKY LAWS OF THE UNITED STATES. 449 more than eight hours in any calendar day except in case of ex- traordinary emergency. 1 Sec. 1, Act of Aug. 1, 1892 (27 Stat. 340). 1220. Same Penalty. That any officer or agent of the Govern- ment of the United States or of the District of Columbia, or any con- tractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States or of the District of Columbia who shall intentionally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall upon conviction be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdic- tion thereof. Sec. 2, id. 1221. Same Present contracts not affected. The provisions of this act shall not be so construed as to in any manner apply to or affect contractors or subcontractors, or to limit the hours of daily service of laborers or mechanics engaged upon the public works of the United States or of the District of Columbia for which contracts have been entered into prior to the passage of this act. Sec. 3, id. 1222. Same Contract for withholding penalty. That every con- tract hereafter made to which the United States, any Territory, or the District of Columbia is a party, and every such contract made for or on behalf of the United States, or any Territory, or said District, 1 The term " extraordinary emergency," employed in the first section of the act of August 1, 1892, can not properly be construed in advance as referring or applicable to any particular class of cases. The question whether there is or was such emergency should be left to be determined by the facts of each special instance as it arises. A case in which it appeared a compliance with the statute was not possible might well be held to be one of " extraordinary emergency." (Dig. Op. J. A. G., V., 592.) No provision is contained in the act of August 1, 1892, for the suspension of its operation, and the Secretary of War has no power to suspend it as to certain work or places of work on the theory that an " emergency " exists as to the same. Nor can he lay down in advance any general rule as to what would be such an emergency as would relieve an officer or contractor from liability or give him an immunity from pros- ecution. The question of an existence of an emergency is to be determined, in the first instance, by the person carrying on or in charge of the work ; and, in the second by the court, if the case comes before one. It may be said generally that when the emergency can be foreseen it is not extraordinary. (Dig. Op., 59.2, VI.) An extraordinary emergency is something unforeseen, sudden, unexpected, which would call for immediate action or remedy; the contractor may require or permit laborers and mechanics to work more than eight hours in a calendar day to protect the work from injury and destruction threatened by an extra- ordinary emergency, but may not do so to repair losses caused thereby. When the emergency passes the privilege ceases. The language extraordinary emer- gency can not contemplate conditions of danger which necessarily inhere in the work to be done, and which will always be present from the beginning to the end of the work. (149 Fed. Rep., 814.) A delay, not entirely unexpected, in obtaining the timber required for the construction of a pier at the Boston Navy Yard does not create an extraordi- nary emergency within the meaning of the law. No mere requirement of business convenience or pecuniary advantage is an extraordinary emergency within the meaning of the act. (206 U. S., 246.) 48985 15 29 450 MILITARY LAWS OF THE UNITED STATES. which may require or involve the employment of laborers or mechanics shall contain a provision that no laborer or mechanic doing any part of the work contemplated by the contract 1 in the employ of the con- tractor or any subcontractor 2 contracting for any part of said work contemplated, shall be required or permitted to work more than eight hours in any one calendar day upon such work; and every such con- tract shall stipulate a penalty for each violation of such provision in such contract of five dollars for each laborer or mechanic for every calendar day in which he shall be required or permitted to labor more than eight hours upon said work ; and any officer or person designated as inspector of the work to be performed under any such contract, or to aid in enforcing the fulfillment thereof, shall, upon observation or investigation, forthwith report to the proper officer of the United States, or of any Territory, or of the District of Columbia, all viola- tions of the provisions of this Act directed to be made in every such contract, together with the name of each laborer or mechanic who has been required or permitted to labor in violation of such stipulation and the day of such violation, and the amount of the penalties imposed according to the stipulation in any such contract shall be directed to be withheld for the use and benefit of the United States, the District of Columbia, or the Territory contracting by the officer or person whose duty it shall be to approve the payment of the moneys due under such contract, whether the violation of the provisions of such contract is by the contractor or any subcontractor. Any contrac- tor or subcontractor aggrieved by the withholding of any penalty as hereinbefore provided shall have the right within six months there- after to appeal to the Jiead of the department making the contract on behalf of the United States or the Territory, and in the case of a con- tract made by the District of Columbia to the Commissioners thereof, who shall have power to review the action imposing the penalty, and in all such appeals from such final order whereby a contractor or sub- contractor may be aggrieved by the imposition of the penalty herein- before provided such contractor or subcontractor may within six months after decision by such head of a department or the Com- missioners of the District of Columbia file a claim in the Court of J The eight-hour work-day restriction applies only to work contemplated by the contract The words " work contemplated by the contract " include the work directly and proximately in view in the contract as specifically appro- priated to and destined for the Government use. Contracts for the purchase of projectiles are not excepted from the operation of the eight-hour restriction, but only the work done in assembling the parts, treating the forging or easting, and machining the projectiles would be " work contemplated by the contract," unless the casting and other parts were manufactured solely and exclusively for the purpose of making the projectiles. (29 Op. Atty. Gen., 534.) 3 The eight-hour work-day restriction applies to the employment of labor on the work contemplated by the contract, and it is immaterial by whom the labor is employed, whether by contractor, or subcontractor, or subsubcontractor. (29 Op. Atty. Gen., 534.) MILITARY LAWS OF THE UNITED STATES. 451 Claims, which shall have jurisdiction to hear and decide the matter in like manner as in other cases before said court. Sec. 1, Act of June 19, 1912 (37 Stat. 137). 1223. Same Exceptions. That nothing in this Act shall apply to contracts for transportation by land or water, or for the transmission of intelligence, or for the purchase of supplies by the Government, whether manufactured to conform to particular specifications or not, or for such materials or articles as may usually be bought in open market, 1 except armor and armor plate, whether made to con- form to particular specifications or not, or to the construction or repair of levees or revetments 2 necessary for protection against floods or overflows on the navigable waters of the United States: Provided, That all classes of work which have been, are now, or may hereafter be performed by the Government shall, when done by contract, by individuals, firms, or corporations for or on behalf of the United States or any of the Territories or the District of Columbia, be performed in accordance with the terms and provisions of section one of this Act. 3 The President, by Executive order, may waive the provisions and stipulations in this Act as to any specific contract or contracts during time of war or a time when war is imminent, and until January first, nineteen hundred and fifteen, as to any contract or contracts entered into in connection with the con- struction of the Isthmian Canal. No penalties shall be imposed for any violation of such provision in such contract due to any extraor- dinary events or conditions of manufacture, or to any emergency caused by fire, famine, or flood, by danger to life or to property, or by other extraordinary event or condition on account of which the President shall subsequently declare the violation to have been excusable. Nothing in this Act shall be construed to repeal or 1 The word " supplies " and the phrase " such materials or articles as may usually be bought in the open market " are practically synonymous and cover things which are had in store or stock. Whether a particular article or ma- terial falls within this exception to the eight-hour provision is generally a matter of administration. (29 Op. Atty. Gen., 534.) Any article or material which can fairly be said to be included, in its ordi- nary condition, within the class of supplies or articles which may usually be bought in open market, is excepted from the operation of the act, no matter if it may differ in particulars from other members of the class by reason of the requirements of the specifications under which it is contracted for. For instance, paper, in its ordinary state, evidently belongs to the class of " sup- plies" and it is not withdrawn therefrom because manufactured according to the standard of quality fixed upon by the Joint Committee on Printing. (29 Op. Atty. Gen., 639. "This renders unnecessary the incorporation hereaftar into annual river and harbor appropriation acts, words excepting the work on Mississippi River l evees from the eight-hour law as far as contracts are concerned. 8 Looking at the act of June 19, 1912, it will be seen that section 1 lays down the rule which is to govern all contracts hereafter entered into by the United States, or on its behalf, and prescribes the penalty for a violation of its re- quirements and the mode of redress when the penalty is unjustly exacted, while section 2 states the exceptions to the rule and the qualifications and 452 MILITARY LAWS OF THE UNITED STATES. modify the Act entitled "An Act relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia," being chapter three hundred and fifty-two of the laws of the Fifty second Congress, approved August first, eighteen hundred and ninety-two, as modified by the Acts of Congress approved February twenty-seventh, nineteen hundred and six, and June thirtieth, nine- teen hundred and six, or apply to contracts which have been or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. Sec. #, id., 138. 1224. Same When effective. That this Act shall become effective and be in force on and after January first, nineteen hundred and thirteen. Id. 1225. Same Canal Zone. The provisions of the Act entitled "An Act relating to the limitation of the hours of daily service of labor- ers and mechanics employed upon the public works of the United States and of the District of Columbia," approved August first, eighteen hundred and ninety-two, shall not apply to alien laborers employed in the construction of the Isthmian Canal within the Canal Zone. 1 Act of Feb. 27, 1906 (34 Stat. 33). 1226. Same. The provisions of an Act entitled "An Act re- lating to the limitations of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia," approved August first, eighteen hundred and ninety-two, and of an Act entitled "An Act making limitations thereof. The main exceptions are found in the first sentence of sec- tion 2. But to these exceptions there is attached a proviso, the effect of which is to limit and narrow the exceptions. This proviso might be so construed as to nullify, in whole or in part, portion of the act to which it is attached. The purpose of the proviso, however, is merely to qualify or limit the part of the enactment to which it is attached and not to nullify or destroy it. The Attorney General therefore ruled that to carry out the intent of the proviso, the words, " which have been, are now, or may hereafter be performed by the Government," can not be taken literally, but must be construed as referring to work which, up to the time of the making of the contract therefor has ordi- narily been performed "by the Government, and not merely occasionally or to a limited extent, so that to let the same upon contract would indicate an in- tention to evade the eight-hour restriction of the act of August 2, 1892. To illustrate: In view of your statement that "the War Department has from time to time engaged in the manufacture of clothing, tentage, and various equipments for the Army on its own account, using materials purchased for the purpose, but as a general rule the Government awards contracts for the manu- facture of clothing, furnishing material therefor," I should say that, under the circumstances stated, the eight-hour restriction need not be incorporated in contracts for such clothing. (29 Op. Atty. Gen., 511.) But as to smokeless powder, in view of the fact that the Government manu- factures about 30 per cent of the amount in use, it could not be considered that the Government occasionally or to a limited extent had performed such work; so contracts for the purchase of this class of powder must fall under the eight- hour law. (29 Op. Atty. Gen., 546.) 1 See post, 1223, as to contracts respecting the Canal Zone under the act of June 19, 1912. MILITARY LAWS OF THE UNITED STATES. 453 appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and six, and for prior years, and for other purposes," approved February twenty-seventh, nineteen hundred and six, shall not apply to un- skilled alien laborers and to the foremen and superintendents of such laborers employed in the construction of the Isthmian Canal within the Canal Zone. 1 Sec. 4, Act June 30, 1906 (34 Stat. 669} . 1227, Mississippi River levee work. Improving Mississippi River "from Head of Passes to the mouth of the Ohio River, including sala- ries, clerical, office, traveling, and miscellaneous expenses of the Mis- sissippi River Commission : Continuing improvement with a view to securing a permanent channel depth of nine feet, six million dol- lars, which sum shall be expended under the direction of the Secre- tary of War in accordance with the plans, specifications, and recom- mendations of the Mississippi River Commission, as approved by the Chief of Engineers, for the general improvement of the river, for the building of levees, which shall be considered extraordinary emer- gency work, between the Head of Passes and Cape Girardeau, Mis- souri, and for surveys, including the survey from the Head of Passes to the headwaters of the river, in such manner as in their opinion shall best improve navigation and promote the interests of commerce at all stages of the river. 2 Act of July 25, 1912 (37 Stat. 218). 1228. Annual naval appropriation act. And the contract for the construction of said vessels shall contain a provision requiring such vessels to be built in accordance with the provisions of an Act en- titled "An Act relating to the limitations of the hours of daily serv- ice of laborers and mechanics employed upon the public works of the United States and of the District of Columbia," approved Au- gust 1, 1892. 3 Act of June 24, 1910 (36 Stat. 628, Annual naval appropriation act). 1 See post, 1223, as to contracts respecting the Canal Zone under the act of June 19, 1912. a ln U. S. v. Garbish (222 U. S., 261, Oct., 1911) it was held that the building and repair of levees on the Mississippi River is one of the most important and conspicuous of the public works of the United States, and if it had been in- tended to exempt it from the provision of the act of August 1, 1892, which declared a public policy in regard to labor, it would have been expressed. Since that decision the annual appropriation act of rivers and harbors have specially exempted levee construction to the extent as stated in the acts. See annual appropriation act, March 4, 1913 (37 Stat. 817). The act of June 19, 19] 2 (37 Stat. 137), paragraph 1223, post, especially excepts contracts for the construction of levees and revetments on navigable waters from the eight-hour restriction. 'The act of August 1, 1892 (1219, ante), does not apply to vessels under con- struction for the Navy by contract with builders at private establishments. Materials for such vessels, such as armor, guns, and other articles obtained under special contract, are a fortori, not within the statute. (26 Op. Atty. Gen., 30.) This decision was given August 3, 1906. The annual naval appro- priation acts above quoted place the contracts entered into under authority of those acts within the eight-hour law. (See also U. S. v. Ansonia Brass & Copper Co., 218 U. S., 452.) 454 MILITARY LAWS OF THE UNITED STATES. 1229. Same. Provided, That no part of this appropriation shall be expended for the construction of any boat by any person, firm, or corporation which has not at the time of the commencement and during the construction of said vessel established an eight-hour work day for all employees, laborers, and mechanics engaged in doing the work for which this appropriation is made. 1 Act of Mar. 4? 19H (36 Stat. 1288) Annual naval appropriation act}. 1230. Same. The Act entitled, "An Act limiting the hours of daily service of laborers and mechanics employed upon work done for the United States, or for any Territory or for the District of Co- lumbia, and for other purposes," approved June nineteenth, nine- teen hundred and twelve, shall be in force as to all contracts author- ized by this Act from and after the passage of this Act. 2 Act of Au- gust 22, 1912 (37 Stat. 355, Annual naval appropriation act). 1231. Fortification Act. For the purchase, manufacture, and test of mountain, field, and siege cannon, including their carriages, sights, implements, equipment, and the machinery necessary for their manu- facture at the arsenals, three hundred thousand dollars: Provided^ That no part of this appropriation shall be expended for the pur- chase of any mountain, field, or siege cannon, including their car- riages, from any person, firm, or corporation which has not at the time of commencement of said works established an eight hour work- day for all employees, laborers, and mechanics engaged or to be en- gaged in the work of construction of the cannon named herein : 3 Pro- vided, That the Chief of Ordnance, United States Army, is hereby authorized to enter into contracts or otherwise, incur obligations for the purposes above mentioned not to exceed three hundred thousand dollars, in addition to the appropriations herein and heretofore made. lp rhis applied to torpedo boats. Practically the same language was used as to submarine torpedo boats in the same act, page 1287. The limitation clause in the act of March 4, 1911 (36 Stat. 1287), providing that "no part of this appropriation shall be expended for the construction of any boat by any per- son, firm, or corporation which has not at the time of the commencement and construction of said vessel established an eight hour working day for all em- ployees * * * engaged or to be engaged in the construction of the vessel," applies to employees, laborers, etc., engaged or to be engaged in the construc- tion of such vessel, of the firm or corporation to whom the contract is let, and is limited to such employees, etc., as are in the employ of such contractor and not to employees of other persons, firms, etc., who in the usual course of busi- ness may furnish to such contractor materials entering into the construction of said vessel. (18 Conip., 93.) "The act of June 19, 1912, did not take effect till January 1, 1913. The naval appropriation act for the fiscal year ending June 30, 1913, as quoted, shows the intent of Congress that the act of June 19, 1912, should apply at once to con- tracts under the Naval appropriation act. 8 This act is not repealed by the act of June 19, 1912. The provisions of this act relative to the eight hour law applies only to employees, laborers, and me- chanics engaged in the work of manufacturing the ammunition named therein, and does not establish any general rule governing the employees of the con- tractor beyond their occupation in carrying out the work embraced in the con- tract with the Government. (29 Op. Atty. Gen., 629. See also id., 534.) MILITARY LAWS OF THE UNITED STATES. 455 For the purchase, manufacture, and test of ammunition 1 for moun- tain, field, and siege cannon, including the necessary experiments in connection therewith and the machinery necessary for its manu- facture at the arsenals, six hundred thousand dollars: Provided. That, except in time of war or when in the judgment of the Presi- dent war is imminent, no part of this or of any other sum in this Act for ammunition shall be expended for the purchase of any ammu- nition from any person, firm, or corporation which "has not at the time of commencement of said work established an eight hour work- day for all employees, laborers, and mechanics engaged or to be en- gaged in the work of manufacturing the ammunition named herein. Act of June 6, 1912 (37 Stat. 126, Fortification). 1232. Amendment of Act, August 1, 1892. That sections one, two, and three of an act entitled "An act relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works' of the United States and of the District of Columbia " be amended to read as follows : "SEC. 1. That the service and employment of all laborers and mechanics who are now, or may hereafter, be employed by the Gov- ernment of the United States or the District of Columbia, or by any contractor or subcontractor, upon a public work of the United States or of the District of Columbia, and of all persons who are now, or may hereafter be, employed by the Government of the United States or the District of Columbia, or any contractor or subcontractor, to perform services similar to those of laborers and mechanics in con- nection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Government or of the District of Columbia, or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or mechanics or of such persons employed to perform serv- ices similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, to require or permit any such laborer or mechanic or any such person employed to perform services similar to these of laborers and mechanics in connection with dredg- ing or rock excavation in any river or harbor of the United States or of the District of Columbia, to work more than eight hours in any 1 The meaning of the word " ammunition " is the generally accepted meaning of the word as used by the War and Navy Departments. It means something different from material? for ammunition. It is generally the assembled or practically complete product, substantially ready for use in firearms. The law does not apply to purchase of ammunition made abroad. (29 Op. Atty. Gen., 483.) 456 MILITARY LAWS OF THE UNITED STATES. calendar day, except in case of extraordinary emergency : Provided, That nothing in this act shall apply or be construed to apply to persons employed in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia while not directly operating dredging or rock excavating machinery or tools, nor to persons engaged in construction or repair of levees or revetments necessary for protection against floods or overflows on the navigable rivers of the United States. " SEC. 2. That any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcon- tractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon a public work of the United States or of the District of Columbia, or any person employed to perform services similar to those of laborers and mechanics in con- nection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, who shall intention- ally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon con- viction, be punished by a fine not to exceed one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. 44 SEC. 3. That the provisions of this act shall not be so construed as to in any manner apply to or affect contractors or subcontractors, or to limit the hours of daily service of laborers or mechanics engaged upon a public work of the United States or of the District of Co- lumbia, or persons employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excava- tion in any river or harbor of the United States or of the District of Columbia, for which contracts have been entered into prior to the passing of this Act or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. " SEC. 4. That this act shall become effective and be in force on and after March first, nineteen hundred and thirteen." 1 Act of Mar. 3, 1913 (37 Stats. TRANSFER OF CONTRACT PROHIBITED. 1233. Same. No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are con- cerned. All rights of actitm, however, for any breach of such con- 1 This act takes the place of the act of August 1, 1892. The notes given in connection with the former act are applicable to the recent act. MILITARY LAWS OF THE UNITED STATES. 457 tract by the contracting parties, are reserved to the United States. 1 Sec. 3737, R. 8. MISCELLANEOUS PROVISIONS. 1234. Preference for American material. In all contracts for ma- terial for any public improvement the Secretary of War shall give preference to American material, 2 and all labor thereon shall be per- formed within the jurisdiction of the United States. Sec. 8, Act of Mar. 3, 1875 (18 Stat. 455). 1235. Means of transportation. Hereafter all purchases of horses, mules, or oxen, wagons, carts, drays, ships and other seagoing vessels, also all other means of transportation, shall be made by the Quarter- 1 This clause is imperative and bars any action by the assignor as well as the assignee. (Wanless v. U. S., 6 Ct. Cls., 123.) The purpose of the act of July 17, 1862 (sec. 3737, R. S.), prohibiting the transfer of Government contracts, was to secure the personal attention and services of the contractor and to ren- der him liable to punishment under section 16 of the same act. * * * No formal or written transfer is necessary to bring the case within the prohibition of the act. It is sufficient to annul the contract that the facts disclose a sub- stantial transfer. (Francis v. U. S., 11 Ct. Cls., 638; Wheelan v. U. S., 5 Ct. Cls., 504; McCord's Case, 9 Ct. Cls., 155; 10 Opin. Att. Gen., 523.) But it has been held by the Attorney General that the statute on the subject (sec. 3737, R. S.), is intended simply for the benefit and protection of the United States, which, therefore, is not compelled to avail itself of a transfer by the contractor to annul the contract, but may recognize the same and accept and pay the as- signee. " Were it to be held," observes the Attorney General, " that a transfer of an interest would absolutely avoid the contract, it would enable any party making a contract with the United States to avoid it by simply transferring an interest therein, which is a construction manifestly inadmissible." Opinion in the case of the "Fifteen per cent contracts." (15 Opins., 235.) And similarly held by the same authority in a later opinion, in 16 Opins., 277, that while the United States may avail itself of an assignment to declare the contract annulled, it is not required to do so, but, if deemed to be for its interests, may recognize the assignee. But it is clear that an officer of the Army could not properly assume to treat an assignment of a contract (or interest therein) as valid without the authority and direction of the Secretary of War. (See, also, to same effect, Burck v. Taylor, 152 U. S., 634.) Partnership arrangements and arrangements for financial assistance in con- nection with a contract will not ordinarily constitute an assignment. (Hobbs v. McLean, 117 U. S., 567 ; Coates v. U. S., 53 Fed. Rep., 989 ; Dulaney v. Scud- der, 94 id., 6.) A contractor with the United States does not, by contracting with a third party to furnish material for the work, assign the contract within the meaning of section 3737, Revised Statutes. (U. S. v. Farley, 91 Fed. Rep., 474.) It has, however, been held that section 3477, Revised Statutes, which prohibits or makes null and void all transfers and assignments of claims against the Government, does not apply to involuntary assignments in bank- ruptcy (Erwin v. U. S., 97 U. S., 392), or even to voluntary assignments for the benefit of creditors (Goodman v. Niblack, 102 U. S., 556) ; and the reasoning of this case applies with equal force to section 3737. (2 Comp. Dec., 50.) So it has been held that section 3737, Revised Statutes, does not apply to assign- ments by operation of law such as to personal representatives of a deceased contractor or to a receiver appointed in judicial proceedings. (See 2 Comp. Dec., 514 ; 10 id., 159, 168 ; Burks case, 13 Ct. Cls., 231 ; McKay t?. U. S., 27 id., 422.) However, where the contract calls for the personal service of the con- tractor, as, for instance, service as an artist, the contract terminates with his death and can not be carried out by his executor or administrator. (7 Comp. Dec., 402.) See further as to construction of this section, Dig. Op. J. A. G. (1912), pages 347-350, and notes thereto. 2 See paragraph 1205, ante, as to preference for articles of domestic produc- tion or manufacture in procuring military- supplies. 458 MILITAEY LAWS OF THE UNITED STATES. master's Department, by contract, after due legal advertisement, except in cases of extreme emergency. Act of July 5, 1884 (23 Stat. 110). 1236. Contracts for printing. No part of the appropriations for the Quartermaster's Department shall be expended on printing unless the same shall be done at the Government Printing Office, or by con- tract after due notice and competition, except in such cases as the emergency will not admit of the giving notice of competition, and in cases where it is impracticable to have the necessary printing done by contract the same may be done, with the approval of the Secretary of War, by the purchase of material and hire of the necessary labor for the purpose. Act of Aug. 24, 1912 (37 Stat. 579). 1237. Post bakeries. For the current fiscal year and thereafter there may be expended from the appropriation for regular supplies the amounts required for the necessary equipments of the bakehouse to carry on post bakeries; for the necessary furniture, text-books, paper, and equipments of the post schools ; for the tableware and mess furniture for kitchens and mess halls; * * * each and all for use of the enlisted men of the Army. Act of June 13, 1890 (26 Stat. 152). 1238. Delivery of subsistence supplies. Contracts for subsistence supplies for the Army, made by the Commissary-General, on public notice, shall provide for a complete delivery of such articles, on in- spection, at such places as shall be stipulated. Sec. 3715, R. S. 1239. Purchase of steel. No contract for the expenditure of any portion of the money herein provided, or that may be hereafter pro- vided, for the purchase of steel shall be made until the same shall have been submitted to public competition by the Department by advertising. Act of Feb. 24, 1891 (26 Stat. 769). 1240. Purchases from Indians. The Secretary of War is hereby authorized and directed when making purchases for the military posts or service on or near Indian reservations to purchase in open market, from the Indians as far as practicable, at fair and reasonable rates, not to exceed the market prices in the localities, any cattle, grain, hay, fuel, or other produce or merchandise they may have for sale and which may be required for the military service. Sec. h Act of Jan. 19, 1891 (26 Stat. 721). 1241.. Name of contractor on supplies. Every person who shall furnish supplies of any kind to the Army or Navy shall be required to mark and distinguish the same with the name of the contractor furnishing such supplies, in such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct; and no supplies of any kind shall be received unless so marked and distinguished. Sec. 3731, R. S. MILITARY LAWS OF THE UNITED STATES. 459 1242. Inspection of fuel District of Columbia. It shall not be lawful for any officer or person in the civil, military, or naval service of the United States in the District of Columbia to purchase anthra- cite or bituminous coal or wood for the public service except on con- dition that the same shall, before delivery, be inspected and weighed or measured by some competent person to be appointed by the head of the Department or chief of the branch of the service for which the purchase is made from among the persons authorized to be em- ployed in such Department or branch of the service. The person appointed under this section shall ascertain that each ton of coal weighed by him shall consist of two thousand two hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard measure of one hundred" and twenty-eight cubic feet. Each load or parcel of wood or coal weighed and measured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or parcel. Sec. 3711, R. S., as amended ~by Sec. 6, Act of Mar. 2, 1895 (28 Stat. 808) , and Sec. 6, Act of Mar. 15, 1898 (30 Stat. 316) . 1243. Same Copy of appointment to accounting officers. The proper accounting officer of the Treasury shall be furnished with a copy of the appointment of each inspector, weigher, and measurer appointed under the preceding section. Sec. 371%, R. S. 1244. Same Certificate of inspector required. It shall not be lawful for any accounting officer to pass or allow to the credit of any disbursing officer in the District of Columbia any money paid by him for purchase of anthracite or bituminous coal or for wood unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer. Sec. 3713, R. S. PENAL OFFENSES. 1245. Member of Congress, etc. Pay for procuring contract. Whoever, being elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, or being an officer or agent of the United States, shall directly or indirectly take, receive, or agree to receive, from any person, any money, property, or other valuable considera- tion whatever, for procuring, or aiding to procure, any contract, appointive office, or place, from the United States or from any officer or department thereof, for any person whatever, or for giving any such contract, appointive office, or place to any person whomsoever; or whoever, directly or indirectly, shall offer, or agree to give, or shall give, or bestow, any money, property, or other valuable consid- 460 MILITARY LAWS OF THE UNITED STATES eration whatever, for the procuring, or aiding to procure, any such contract, appointive office, or place, shall be fined not more than ten thousand dollars and imprisoned not more than two years ; and shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Any such con- tract or agreement may, at the option of the President, be declared void. 1 Sec. 112, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1108). 1246. Same For services in relation to contract. Whoever, being elected or appointed a Senator, Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continu- ance in office, or being the head of a department, or other officer or clerk in the employ of the United States, shall, directly or indirectly, receive, or agree to receive, any compensation whatever for any services rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, contract, claim, contro- versy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever, shall be fined not more than ten thou- sand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States. 2 Sec. US, id., 1109. 1247. Member of Congress Interested in contract. Whoever, be- ing elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in whole or in part, any contract or agree- ment, made or entered into in behalf of the United States by any officer or person authorized to make contracts on its behalf, shall be fined not more than three thousand dollars. All contracts or agree- ments made in violation of this section shall be void ; and whenever 1 This section is taken from section 1781, Revised Statutes, which is repealed. 8 This section is taken from section 1782, Revised Statutes, which is repealed. Sections 1781 and 1782 made it illegal for an officer of the United States to have such connection with a Government contract as an agent, attorney, or solicitor assumes when he procures or aids to procure such a contract for another, or when he prosecutes for another against the Government any claim founded on a Government contract. But they do not prohibit executive officers of the Govern- ment, including pension agents, from contracting directly with the Government as principals in matters separate from their offices and the performance of their official duties, or being interested in such contracts after they are procured. (14 Opin. Att. Gen., 482; id., 133.) No person dealing with a public officer can be permitted to influence him in a way prejudicial to the Government. (Garman v. U. S., 34 Ct. Cls., 237.) MILITARY LAWS OF THE UNITED STATES. 461 any sum of money is advanced by the United States, in consideration of any such contract or agreement, it shall forthwith be repaid ; and in case of failure or refusal to repay the same when demanded by the proper officer of the department under whose authority such con- tract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties, for the recovery of the money so advanced. 1 Sec. 1H, id. 1248. Officer contracting with Member of Congress, etc. Whoever, being an officer of the United States, shall on behalf of the United States, directly or indirectly make or enter into any contract, bargain, or agreement, in writing or otherwise, with any Member of or Dele- gate to Congress, or any Resident Commissioner, after his election or appointment as such Member, Delegate, or Resident Commissioner, and either before or after he has qualified, and during his continuance in office, shall be fined not more than three thousand dollars. Sec. 115, id. 1249. Same Exception as to corporations. Nothing contained in the two preceding sections shall extend, or be construed to extend, to any contract or agreement made or entered into, or accepted, by any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any Member of or Delegate to Congress, or Resident Commissioner, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement. Sec. 116, id. 1250. Agent of corporation, etc., acting as agent of the United States. No officer or agent of any corporation, joint stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint stock company, association, or firm, shall be em- ployed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint stock company, lr This paragraph supersedes section 3739 of the Revised Statutes, which is repealed. Sections 3739 to 3742, Revised Statutes, made it illegal for an officer of the United States to contract for or purchase for the United States, any sup- plies from a Member or Delegate to Congress or from a firm or association other than an incorporated company of which such Member or Delegate was a member or in which he was pecuniarily interested. (See 2 Op. Atty. Gen., 40; 4 id., 47; U. S. v. Deitrich, 126 Fed. Rep., 671.) That section 3739, Revised Statutes, did not affect contracts made with persons who were simply elected Members of or Delegates to Congress, and had not actually become such by being sworn in. (See Op. of Atty. Gen., 15 Op., 280.) Sections 114 and 115 of the Criminal Code, which supersede sections 3739 and 3742, Revised Statutes, broadened the legislation so as to apply to Members of Congress from the time of their election and before qualification. These sections did not, however, for- bid the acceptance of a Member of Congress or other person within their pro- visions as surety on the bond of a contractor. (18 Op. Atty. Gen., 287; Dig. Op. J. A. G. (1912), p. 353, B.) 462 MILITABY LAWS OF THE UNITED STATES. association, or firm. Whoever shall violate the provision of this sec- tion shall be fined not more than two thousand dollars and imprisoned not more than two years. Sec. 1^1, id., 1097. 1251. Bribery. Whoever shall promise, offer, or give, or cause or procure to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obliga- tion, gratuity, or security for the payment of money, or for the de- livery or conveyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years. 1 Sec. 39, id., 1096. (This paragraph is the same as section 5451 of the Revised Statutes, which is repealed.) 1252. Extortion. Every officer, clerk, agent, or employee of the United States, and every person representing himself to be or assum- ing to act as such officer, clerk, agent, or employee, who, under color .of his office, clerkship, agency, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which if performed would make him guilty of extortion, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. 2 Sec. 85, id., 1104. 1 Though an officer may have full power to enter into a contract, yet the con- tract may be void for fraud as having been made by the collusion of the officer, and all negotiations- and circumstances surrounding the contract, as well as its terms, may be examined to prove fraud. (Hitchcock v. City of Galveston, 3 Woods, 292.) Three persons, one of them the Government agent who had charge of letting the contract, entered into an agreement by which two were to do the work, and each was to have one-third of the profits. Held that such a contract was a fraud on the Government, and that an action founded thereon by one partner against the other could not be maintained. (Bartle v. Coleman. 3 Cranch, C. C., 283.) "This section is taken from section 5481, Revised Statutes, as amended by act of June 28, 1906 (34 Stat. 546). MILITARY LAWS OF THE UNITED STATES. 463 1253. Witness accepting bribe. Whoever, being, or about to be, a witness upon a trial, hearing, or other proceeding, before any court or any officer authorized by the laws of the United States to hear evidence or take testimony, shall receive, or agree or offer to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, or because of such testimony, or such absence, shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both. Sec. 13 h id., 1113. 1254. Officer, etc., accepting bribe. Whoever, being an officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of tha Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, accept, or receive any money, or any contract, promise, undertaking, obligation, gratuity, or security for the pay- ment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States. 1 Sec. 117, id., 1109. 1 This section is taken from sections 5500, 5501, and 5502, Revised Statutes, which are repealed. An agreement to use personal influence with a Government agent in order to procure a Government contract is void. So where plaintiff, being consul general of the Turkish Government, agreed with defendant to use his personal influence with a special agent of the Turkish Goverment to procure contracts between that Government and defendant, and did use such influence with success, it was held that plaintiff could maintain no action for his services in procuring such contracts. (Oscanyan v. Arms Company, 13 Otto, 261.) CHA.FTER XXX, PUBLIC PROPERTY. Par. Acquisition and accountability. 1255-1262 Power to acquire and dispose of the property of the United States vested in Congress 1255 Personal property : 1256-1262 Charges for failure to account therefor to be certified to the accounting officers 1256 Same nature and effect of cer- tificates 1257 Officer to have opportunity to relieve himself from account- ability 1258 Regulations by heads of depart- ments 1259 Accounts of company command- ers therefor, affidavits to be considered in case of loss 1260 Disposition of damaged or un- suitable property 1261 Sale, barter, etc., of clothing, arms, etc., furnished to sol- diers 1262 Offenses against personal prop- erty 1263-1267 Embezzlement, stealing, etc. . 1263 Same 1264 Robbery, larceny, etc 1265 Receiving stolen property 1266 Aiding or abetting with intent to defraud any captor or claim- ant of property captured as a prize 1267 Real property public lands.. 1268-1273 Lands reserved not subject to preemption 1268 Same not subject to reserva- tion for town sites 1269 Soldiers' homesteads 1270 Same deduction for military service from time required to perfect title 1271 Same military service equiva- lent to residence 1272 Same may enter by agent 1273 48985 15 30 Par. Acquisition of land 1274-1279 Purchase to be authorized by law 1274 Assent of States to purchase. . . 1275 Acquisition by condemnation.. 1276 Same procedure 1277 Releases by officers of their in- terests to the United States. . 1278 Leases of property of the United States not required for public use 1279 Military reservations 1280-1288 Jurisdiction over reservations . . 1280 Disposition of useless military reservations 1281 Permits for rights of way for re- servoirs, conduits, electrical plants, etc 1282 Easements for rights of way for electrical power, telephone and telegraph lines 1283 Extension of State, county, and teiritorial roads across mili- tary reservations 1284 Proclamation of historic landmarks. 1285 Permits for examination and exca- vation of archaeological sites. 1286 Same rules and regulations... 1287 Statute of Liberty, Bedloe's Is- land, N. Y 1288 Military posts 1289-1295 Establishment express author- ity of Congress required 1289 Title papers to be furnished the Attorney General 1290 Expenditures far repairs limi- tation 1291 Acquisition of leases in Hawaii . 1292 Post schools 1293 Post exchanges 1294 Sales of liquors, etc., prohibited 1295 National military parks 296-1299 Use for military maneuvers 1296 Same 1297 Same regulations 1298 Superintendents, Antietam Bat- tlefield 1299 465 466 MILITARY LAWS OF THE UNITED STATES. Par. National parks 1300-1301 Employment of troops in Yel- lowstone National Park 1 300 Employment of troops in na- tional parks in California 1301 National cemeteries 1302-1310 Maintenance 1302 Superintendents selection 1303 Superintendents pay and quar- ters 1304 Inclosures, headstones, and reg- isters 1305 Erection of headstones in pri- vate cemeteries 1306 Record of names and places of burial 1307 Burial in national cemeteries soldiers, sailors, and marines entitled thereto 1308 Same Ai my nurses 1309 Jurisdiction 1310 Par. Offenses against real property. 1311-1318 Cutting or injuring timber, etc. 1311 Cutting and chipping trees to secure pitch, etc 1312 Removal, destruction, etc., of section corners and meander posts 1313 Breaking fences, driving cattle, etc., upon reservations 1314 Trespass upon or injury to mines, torpedos, fortifica- tions, etc 1315 Setting fire to or injuring arse- nals, armories, magazines, etc 1316 Entry upon reservation for a purpose prohibited by law. . . 1317 Employment of force to remove unlawful inclosures... . 1318 ACQUISITION * AND ACCOUNTABILITY. 1255. Power to acquire and dispose of the property of the United States vested in Congress. The Congress shall have power to dis- pose of and make all needful rules and regulations respecting the ter- ritory or other property belonging to the United States. 2 Constiti- tion, Art. 7F, sec. 3. 1 The acquisition of property on beh'alf of the United States, unless the same be authorized by law, is prohibited by sections 3732 and 3736 Revised Statutes. (See paragraphs 1190 and 1192, ante, under chapter entitled Contracts and purchases. ) 2 This fundamental rule of our public law is expressed by Attorney-General Hoar (13 Opins., 46) .as follows: "I am clearly of opinion that the Secretary of War can not convey to any person any interest in land belonging to the United States, except in pursuance of an act of Cogress expressly or impliedly authorizing him to do so." (And see U. S. v. Nichols, 1 Paine, 646 (cited post) ; Seabury v. Field, McAllister, 1 ; U. S. v. Hare, 4 Sawyer, 653, 669.) See Friedman v. Goodwin (1 McAllister, 148), where a lease made by the post commander at San Francisco, of a part of a " government reserve," though approved by the military governor of the then Territory, and also by the Secre- tary of the Interior, was held void because not authorized by Congress. The court declares the " utter impotency of any attempt by an officer of the Govern- ment to alien any land, the property of the United States, without the authority of an act of Congress ;" adding that " the President, with the heads of the Departments combined," could not effect such an object. (And see 4 Opins. Atty. Gen., 480 ; 9 id., 476 ; 13 id., 46 ; U. S. v. Hare, 4 Sawyer, 670-671. ) In the last case the court say : " The Secretary of the Treasury can not execute or approve of a lease of any property belonging to the United States without special authority of law." The leading case on this point is United States v. Nichols (1 Paine, U. S. Circ. Ct. R., 646), in which it was held that a sale or loan, by the commandant of an arsenal, of a quantity of lead belonging to the United States, was illegal and invalid. The court say: "The Constitution declares that 'Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.' No public property can therefore be disposed of without the authority of law, either by an express act of Congress for that purpose, or by giving the authority to some Department or subordinate agent No law has been shown authorizing the sale of this lead; nor is any such authority to be inferred from the general MILITARY LAWS OF THE UNITED STATES. 467 PERSONAL PROPERTY. 1256. Charges for failure to account therefor to be certified to the accounting officers. That instead of forwarding to the accounting officers of the Treasury Department returns of public property in- trusted to the possession of officers or agents, the Quartermaster- General, the Commissary-General of Subsistence, the Surgeon-Gen- eral, the Chief of Engineers, the Chief of Ordnance, the Chief Signal Officer, the Paymaster-General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any Department, by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or examine returns of such property, shall certify to the proper accounting offi- cer of the Treasury Department, Jor debiting on the proper account, any charge against any officer or agent intrusted with public prop- erty, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him. 1 Sec. 1, Act of Mar. 29, 1894 Stat.47). power vested in any of the Departments of the Government. The power, if lodged anywhere, would seem most appropriately to belong to the War Depart- ment. But there is no such express or implied power in that Department to sell the public property put under its management." And see the same prin- ciple recognized in an opinion of the Attorney-General (in 16 Opins., 477), in which it is held that the Secretary of War was not empowered to sell arms to a State in the absence of authority from Congress. See Dig. Opin. J. A. G'., pp. 901-906, edition 1912, for further and extended discussion of this subject. 1 The effect of the above statute was to divest the Auditor of the jurisdiction theretofore possessed by him over the property accounts and transactions of officers of the Navy (and War) Department, and to relieve him of all responsi- bility in relation to the disposition of property intrusted to said officers, except in cases where the officer " whose duty it is to receive or examine returns of such property shall certify to the proper accounting officer of the Treasury Department (the Auditor), for debiting on the proper account any charge against any officer or agent intrusted with public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him." Under this act the duty and responsibility of determining questions relating to the correct disposition or loss of property in the Marine Corps have been transferred to and vested in the proper officer of the Navy Department, and it seems clear that the Auditor will have no authority over or in relation to the property mentioned in the cash voucher evidencing the purchase of forage under consideration until he has been furnished with a certificate required by section 1 of said act. Jurisdiction over property accounts can not be given to the Auditor by inject- ing papers into cash accounts tending to show what disposition has been made of the property. Such evidence may well be excluded from the cash accounts, and the responsibility for determining questions relating to property accounta- bility be left where it belongs, where the law has placed it. (2 Comp. Dec., 264, 267, 268; 4 id., 422.) In the case of Isaac W. Patrick, Indian agent at the Great Nemaha Agency, upon a suit to recover on his bond for public property alleged to have been unaccounted for, such failure to account having been shown to be due to clerical errors, it was held by the circuit court of appeals for the Eighth circuit, in March, 1896, that "a Government agent is not to be held liable for property still in the possession of the agency and which has never been lost, merely because a careless clerk, appointed by the Government itself to keep the ac- counts of the agent, has omitted it from the return which he is required to make." (U. S. v. Patrick, 73 Fed. Rep., 800.) The failure of an Indian agent, through clerical errors, to include in his accounts property which, in fact, remains at the agency, and which is not lost 468 MILITARY LAWS OF THE UNITED STATES. 1257. Same Nature and effect of certificates. That said certificate shall set forth the condition of such officer's or agent's property re- turns, that it includes all charges made up to its date and not pre- viously certified, that he has had a reasonable opportunity to be heard and has not been relieved of responsibility ; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting officers of the Treas- ury Department in accounting. Sec. #, id. 1258. Officer to have opportunity to relieve himself from liability. That the manner of making property returns to or in any adminis- trative bureau or department, or of ascertaining liability for prop- erty, under existing laws and regulations, shall not be affected by this act, except as provided in section one ; but in all cases arising as to such property so intrusted the officer or agent shall have an oppor- tunity to relieve himself from liability. 1 Sec. 3, id. 1259. Regulations ~by heads of departments. The heads of the several Departments are hereby empowdered to make and enforce regulations to carry out the provisions of this act. All laws or parts of laws inconsistent with the provisions of this act are hereby re- pealed. 2 Sees. 4 and 5, id. 1259J. Public property under Quartermaster General, system of accountability for. The Quartermaster-General, under the direction of the Secretary of War, shall prescribe and enforce a system of accountability for all quartermaster's supplies to the Army or to officers, seamen, and marines. And he shall account to the Secretary of War at least once in three months for all property and money that may pass through his hands, or the hands of his subordinate officers. Sec. 1139, R. 8., as amended ly Act of Feb. 27, 1877 (19 Stat. 21$}. 1260. Accounts of company commanders therefor Affidavits to be considered in case of loss. In settling the accounts of the commanding officer of a company for clothing and other military supplies, the affidavit of any such officer may be received to show the loss of vouch- ers or company books, or any matter or circumstance tending to prove that any apparent deficiency was occasioned by unavoidable accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to establish the facts set forth, with or with- to the Government, does not entitle the United States to recover the value thereof in a suit on his bond; and he may show these facts in defense. The technical failure to account would authorize a recovery of no more than nominal damages. (Id.) 1 Section 12 of the act of July 31, 1894 (28 Stat. 208), requiring certain quar- terly accounts to be rendered within twenty days after the expiration of the quarter to which they relate, has no application to property returns, the rendi- tion of which is regulated by the act of March 29, 1894. (3 Comp. Dec., 422.) 2 For regulations prepared and promulgated by the Secretary of War in exe- cution of the above enactment, see paragraphs 693-703, Army Regulations of 1913. MILITARY LAWS OF THE UNITED STATES. 469 out other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case. 1 Sec. 25, R. S. .1261. Disposition of damaged or unsuitable property. The Presi- dent may cause to be sold any military stores which, upon proper in- spection or survey, appear to be damaged, or unsuitable for the public service. Such inspection or survey shall be made by officers desig- nated by the Secretary of War, and the sales shall be made under regulations prescribed by him. 2 Sec. 12^1, R. S. 1262. Sale, barter, etc., of clothing, arms, etc., furnished to soldiers. The clothes, arms, military outfits, and accouterments furnished by the United States to any soldier shall not be sold, bartered, ex- changed, pledged, loaned, or given away; and no person, not a soldier or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits, or accouterments so fur- nished, and which have been the subjects of any such barter, exchange, pledge, loan, or gift, shall have any right, title, or interest therein, but the same may be seized and taken wherever found by any officer of the United States, civil or military, and shall thereupon be de- livered to any quartermaster or other officer authorized to receive the same. The possession of any such clothes, arms, military outfits, or accouterments by any person not a soldier or officer of the United States shall be presumptive evidence of such a sale, barter, exchange, pledge, loan, or gift. 3 Sec. 371^8, R. S. OFFENSES AGAINST PERSONAL PROPERTY. 1263. Embezzlement, stealing, etc. Whoever shall embezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. 4 Sec. Ifl, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1097). 1 Sections 1303 and 1304, Revised Statutes, require that deficiency in or dam- age to any article of military supplies and repairs or damages to arms, etc., due to negligence shall be charged against the delinquent, and that the cost or value thereof shall be deducted from his pay. (See pars. 690 and 691, ante, under chapter entitled "The Quartermaster Corps.") For regulations relative to damaged, lost, or destroyed military property, see paragraphs 6S2-692, Army Regulations of 1913. For provisions respecting boards of survey, see paragraphs 710-726, id. a For statutes authorizing and regulating the disposition of obsolete and un- serviceable ordnance and ordnance stores, see paragraphs 842-846, ante, under chapter entitled " The Ordnance Department." Steamships in the transport service can not be disposed of without consent of Congress. (See par. 134, ante, under the chapter entitled "The Department of War." See Dig. Opin. J. A. G. (1912), pp. 957-960.) 1 See Dig. Opin. J. A. G. (1912), pp. 960 and 961. 4 Sections 44 and 286 of the criminal code make it a criminal offense to injure or destroy the works or material of any submarine mine or torpedo, or to injure or destroy any vessel or material for building or repairing vessels, or any military stores or munitions of war. (See. pars. 1315 and 1316, post.) For offenses of officers and enlisted men against the personal property of the Unltec! States, see the fifteenth, sixteenth, and seventeenth Articles of War. 470 MILITARY LAWS OF THE UNITED STATES. 1264. Same. Whoever shall steal, embezzle, or knowingly apply to his own use, or unlawfully sell, convey, or dispose of, any ordnance, arms, ammunition, clothing, subsistence, stores, money, or other prop- erty of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preceeding section. 1 Sec. 36, id., 1096. 1265. Rol)l>ery, larceny, etc. Whoever shall rob another of any kind or description of personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. Sec. 1^6, id., 1097. 1266. Receiving stolen property. Whoever shall receive, conceal, or aid in concealing, or shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both ; and such person may be tried either before or after the conviction of the principal offender. 2 Sec. 1^8, id., 1098. 1267. Aiding or abetting with intent to defraud any captor or claimant of property captured as a prize. Whoever shall willfully do, or aid or advise in the doing, of any act relating to the bringing in, custody, preservation, sale, or other disposition of any property captured as prize, or relating to any documents or papers connected with the property, or to any deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such prop- erty, shall be fined not more than ten thousand dollars, or imprisoned not more than five years, or both. Sec. 38, id., 1096. REAL, PROPERTY PUBLIC LANDS. 1268. Lands reserved not subject to preemption. The following classes of lands, unless otherwise specially provided for by law, shall not be subject to the rights of preemption, to wit: First. Lands included in any reservation by any treaty, law, or proclamation of the President, for any purpose. * Sec. ?7? O , K. o. 1 Several courts have held this section unenforceable on account of the indefi- nite nature of the penal clause. In view of those decisions the Attorney General has directed, by Circular No. 308 of 1912, that no more prosecutions shall be brought under this section. a .For knowingly purchasing or receiving in pledge from a soldier, sailor, or other person employed in the military service, arms, clothing, etc., see para- graph 220, The Treasury Department. MILITARY LAWS OP THE UNITED STATES. 471 1269. Same Not subject to reservation for town-sites. The provi- sion of this chapter 1 shall not apply to military or other reserva- tions 2 heretofore made by the United States, nor to reservations for light-houses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land Office by title derived from the Crown of Spain or otherwise. Sec. 2393, R. S. 1270. Soldiers^ homesteads. Every private soldier and officer who has served in the Army of the United States during the recent rebel- lion for ninety days, and who was honorably discharged and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an act approved February thirteenth, eighteen hundred and sixty- two, and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the rebel- lion for ninety days, and who was honorably discharged and has remained loyal to the Government, and every private soldier and officer who has served in the Army of the United States during the Spanish war, or who has served, is serving, or shall have served in 1 Chapter 8, Revised Statutes, relating to the reservation and survey of town sites on the public lands. 2 Military reservations. No specific statutory authority exists empowering the President to reserve, public lands; but the right to reserve such lands for public uses is recognized by the courts. (14 Dec. Int. Dept, 426, 607, 628; Wolsey v. Chapman, 101 TJ. S., 755, 768; Walcott v. Des Moines Co., 5 Wall., 681.) Such reservation may be effected by proclamation or by Executive order. (13 Dec. Int. Dept., 426.) Mineral lands belonging to the public domain, which are reserved from sale under section 2318 of the Revised Statutes, may be reserved for military or other purposes by the President. Where such lands are included in a military reservation, they are not open to exploration and purchase under section 2319 of the Revised Statutes. It is otherwise where a right has once attached to mineral land, under the laws relating thereto, in favor of the locator of a mining claim. Here the land, during the existence of such right, is not subject to reservation by the President ; and if it be subsequently reserved, the locator may nevertheless perfect his title. (17 Opin. Att. Gen., 230.) When public land subject to homestead settlement has been duly entered under the homestead law, it thenceforth ceases to be at the disposal of the Government so long as the entry of the settler subsists. Hence it can not, while such entry stands, be set apart by the President for a military reservation. (Id., 160.) Where a part of the public domain has once been reserved by the President for military or other public purposes, and subsequently the land so reserved becomes unnecessary for such purposes, it can not be restored to the public domain without authority from Congress. (Id., 168; 16 id., 123.) By Article VI, section 2, of the Constitution, " all treaties made under the authority of the United States " are declared to be " the supreme law of the land " ; and Indian reservations " have generally been made through the exercise of the treaty-making power, and in fulfillment of treaty obligations. (14 id., 182.) That land can not be reserved or occupied for military purposes to the prejudice of a title previously vested in an individual or a corporation, see, futher, 9 id., 339 ; 13 id., 469. See Land Dec. Int. Dept, 6 id., 18, 317; 13 id.. 426, 607, 628, 30 id., 276; 8 Fed. Rep., 883; 12 id., 449; 92 U. S., 733; 101 id., 768; 5 Wallace, 681. For further discussion of this subject of the reservation of public lands, see Dig. Opiu. J. A. G. (1912), pp. 922-924, and cases therein cited. 472 MILITARY LAWS OF THE UNITED STATES. the said Army during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably dis- charged ; and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the Span- ish war, or who has served, is serving, or shall have served in the said forces during the suppression of the insurrection in the Philip- pines for ninety days, and who was or shall be honorably discharged, shall, on compliance with the provisions of this chapter, as herein- after modified, be entitled to enter upon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States ; but such homestead settler shall be allowed six months after locating his homestead and filing his declaratory statement within which to make his entry and commence his settlement and improvement. Sec. 230^ R. ., as amended ly Act of Mar. 1, 1901 (31 Stat. 847). 1271. Same Deduction for military service from time required to perfect title. The time which the homestead settler has served in the Army, Navy, or Marine Corps shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore re- quired to perfect title, without reference to the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements: Provided, That in every case in which a settler on the public land of the United States under the homestead laws died while actually engaged in the Army, Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the war with Spain or the Philippine insurrection, his widow, if un- married, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, may proceed forthwith to make final proof upon the land so held by the deceased soldier and settler, and that the death of such soldier while so engaged in the service of the United States shall, in the administration of the home- stead laws, be construed to be equivalent to a performance of all re- quirements as to residence and cultivation for the full period of five years, and shall entitle his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, to make final proof upon and receive Government patent for said land; and that upon proof produced to MILITARY LAWS OF THE UNITED STATES. 473 the officers of the proper local land office by the widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, that the applicant for patent is the widow, if unmarried, or in case of her death or marriage, his orphan children or his or their legal representatives, and that such soldier, sailor, or marine died while in the service of the United States as hereinbefore described, the patent for such land shall issue. 1 Sec. 2305, R. ., as amended ly Act of Mar. 1, 1901 (31 Stat. 847). 1272. Same Military service equivalent to residence. Where a party at the date of his entry of a tract of land under the homestead laws, or subsequently thereto, was actually enlisted and employed in the Army or Navy of the United States, his services therein shall, in the administration of such homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry has been canceled by reason of his absence from such tract while in the mili- tary or" naval service of the United States, and such tract has not been disposed of, his entry shall be restored; but if such tract has been disposed of, the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service. Sec. 2308, R.S. In every case in which a settler on the public land of the United States under the homestead laws enlists or is actually engaged in the Army : Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the existing war with Spain, or during any other war in which the United States may be engaged, his services therein shall, in the administration of the homestead laws, be construed to be equivalent to all intents and purposes to residence and cultivation for the same length of time upon the tract entered or settled upon; and hereafter no contest shall be initiated on the ground of abandonment, nor allegation of abandonment sus- tained against any such settler, unless it shall be alleged in the pre- liminary affidavit or affidavits of contest, and proved at the hearing in cases hereafter initiated, that the settler's alleged absence from the land was not due to his employment in such service: Provided, That if such settler shall be discharged on account of wounds re- ceived or disability incurred in the line of duty, then the term of his enlistment shall be deducted from the required length of residence 1 Section 4, Act of April 27, 1904 (33 Stat. 322) provides that " The rights of honorably discharged Union soldiers and sailors of the late civil and the Spanish war, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes, as amended by the act of March first, nineteen hundred and one, shall not be abridged." 474 MILITARY LAWS OF THE UNITED STATES. without reference to the time of actual service: Provided further, That no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements. Act of June 16, 1898 (30 Stat. 473). 1273. Same May enter ~by agent. Every soldier, sailor, marine, officer, or other person coming within the provisions of section twenty-three hundred and four, may, as well by an agent as in per- son, enter upon such homestead by filing a declaratory statement, as in preemption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlements and improvements on the same, and thereafter fulfill all the requirementsi of law. Sec. 2309, R. S. ACQUISITION OF LANDS. 1274. Purchases to ~be authorized ~by law. No land shall be pur- chased on account of the United States, except under a law authoriz- ing such purchase. 1 Sec. 3736, R. S. 1 See chapters entitled The Department of Justice, Contracts and Purchases, and The Engineer Corps for additional provisions respecting the acquisition of lands. " When, in an act appropriating for the purchase of additional land for a public building, the piece of ground to be purchased is particularly de- scribed, the appropriation can not be used for the purchase of another tract equally suitable for the purpose, and at a price within the sum provided, although the piece named can not be secured within the amount appropriated." (2 Comp. Dec., 77.) See also section 1136, Revised Statutes (par. 1289, post), for provision requiring all officers of the United States having title papers of prop- erty, purchased or about to be purchased, in their possession to furnish the same forthwith to the Attorney-General. Lands acquired by the United States for public uses, by purchase with the consent of the legislatures of the States, or acquired by an exercise of the right of eminent domain are not " public lands," that term applying only to such lands as are subject to sale or other disposition under general laws. (Newhall v. ganger, 92 U. S., 761; 5 Opin. Alt. Gen., 578.) Power over such lands is vested in Congress by the Constitution, without limitation, and is the founda- tion upon which the Territorial governments rest. (U. S. v. Gratiot, 14 Pet., 526.) The power of Congress over the public land and the effect of its grants can not be interferred with by State legislation. (Gibson v. Chouteau, 13 Wall., 92.) Congress has the sole power to declare the dignity and effect of titles emanat- ing from the United States, and the whole legislation of the Federal Govern- ment, in reference to the public lands, declares the patent the superior and conclusive evidence of legal title. Until its issuance the fee is in the Govern- ment; by the patent, it passes to the grantee, and he is entitled to recover the possession in ejectment. (Bagnell v. Broderick, 13 Peters, 436, 450; Wilcox v. Jackson, id., 498, 516; Langdon v. Sherwood, 124 U. S., 74, 83; Hussman v. Dunham, 165 U. S., 144 ; Carter v. Ruddy, 166 U. S., 493 ; Kirwan v. Murphy, 83 Fed. Rep., 275.) There is no way for titles to land to be divested out of the United States, except in strict pursuance of some law of the United States, and, as no statute of limitations runs against the -United States, occupancy and possession alone, even for a great length of time, can not ripen into title as against the United States. (Drew v. Valentine, 18 Fed. Rep., 712.) In the administration of the public lands the decisions of the Land Depart- ment upon questions of fact are conclusive, and only questions of law can be reviewed by the courts. (Catholic Bishop of Nesqually v. U. S., 158 U. S., 155.) MILITARY LAWS OF THE UNITED STATES. 475 1275. Assent of States to purchases. The President of the United States is authorized to procure the assent of the legislature of any State within which any purchase of land has' been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings without such consent having been obtained. Sec. 1838, R. S. 1276. Acquisition l>y condemnation. In every case in which the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses he shall be, and hereby is, authorized to acquire the same for the United States by condemnation, under judicial process, whenever in his opinion it is necessary or advantageous to -the Government to do so, and the United States circuit or district courts of the district wherein such real estate is located shall have jurisdiction of proceedings for such condemnation, and it shall be the duty of the Attorney-General of the United States, upon every application of the Secretary of the Treasury, under this act, or such other officer, to cause proceedings to be commenced for condemnation, within thirty days from the receipt of the application at the Department of Justice. 1 Sec. 1, Act of Aug. 7, 1888 (25 Stat. 357}. The expense of procuring an abstract of title to land to be used as a site for a fortification is a proper charge against the appropriation made for the pur- chase of the site, if the abstract is needed by the United States attorney to assist him in examining the title, provided the land is to be purchased and not condemned. (3 Comp. Dec., 216.) As to the proper person to make certificate of " no liens " see Dig. Opin. J. A. G., 914 II A 6 b. See also Dig. Opin. J. A. G., pp. 910 and 911 for further discussion of the application of the above section of the Revised Statutes. See G. O. 47 of 1881 for Attorney- General's regulations as to making deeds, proving title to lands, etc. The act of Congress does not prohibit the acquisition by the United States of the legal title to land, without express legislative authority, when it is taken by way of security for debt. (Neilson v. Lagow, 12 How., 98.) 1 The power to take private property for public uses, generally termed the right of eminent domain, belongs to every independent government. It is an incident of sovereignty and requires no constitutional recognition. The provi- sion found in the fifth amendment to the Federal Constitution, and in the constitutions of the several States, for just compensation for property taken, is merely a limitation upon the use of the power. It is no part of the power itself, but a condition upon which the power may be exercised. (U. S. v. Jone^, 109 U. S., 513, 518; Boom Co. v. Patterson, 98 U. S., 106; Kohl v. U. S., 91 U. S., 367; Cooley Con. Lim., 526; U. S. v. Oregon Railway and Nav. Co., 16 F. R., 524.) In some instances the States, by virtue of their own right of eminent domain, have condemned lands for the use of the General Government, and such condemnations have been sustained by their courts, without, however, denying the right of the United States to act independently of the States. (Kohl v. U. S., 91 U. S., 367, 373; Gilmer v. Lime Point, 18 Cal.. 729; Burt v. Merchants' Ins. Co., 106 Mass., 356; U. S. v. Jones, 109 U. S., 513.) The estate acquired by such exercise of the right of eminent domain on the part of the United States may be a fee simple or may be in the nature of an easement. (16 Op. Att. Gen., 387.) The legislature is the judge of the necessity for exer- cising the right in any case. (Cooley Const. Law, 527.) It is now well settled that whenever, in the execution of the powers granted to the United States by the Constitution, lands in any State are needed by the United States, for a 476 MILITAEY LAWS OF THE UNITED STATES. 1277. Same Procedure. The practice, pleadings, forms, and modes of proceeding in causes arising under the provisions of this act shall conform, as near as may be, to the practice, pleadings, forms, and proceedings existing at the time hi like causes in the courts of record of the State within which such circuit or district courts are held, any rule of the court to the contrary notwithstand- ing. Sec. 2, id. 1278. Releases ~by officers of their interests to the United States. Whenever any lands have been or shall be conveyed to individuals or officers, for the use or benefit of the United States, the President is authorized to obtain from such person a release of his interest to the United States. Sec. 3752, R. S. 1279. Leases of property of the United States not required for public use. Authority is hereby given to the Secretary of War, when in his discretion it will be for the public good, to lease, for n period of not exceeding five years and revocable at any time, such property of the United States under his control as may not for the time be required for public use and for the leasing of which there is no authority under existing law, and such leases shall be reported annually to Congress: Provided, That nothing in this act contained shall be held to apply to mineral or phosphate lands. 1 Act of July 28, 1892 (27 Stat. 321). fort, magazine, dockyard, lighthouse, customhouse, post office, or any other public purpose, and can not be acquired by agreement with the owners, the Congress of the United States, exercising the right of eminent domain, and making just compensation to the owners, may authorize such lands to be taken, either by proceedings in the courts of the State with its consent, or by pro- ceedings in the courts of the United States, with or without any consent or concurrent act of the State, as Congress may direct or permit. (Chappell v. U. S., 160 U. S., 499, 509, and 510 ; citing Harris v. Elliott, 10 Pet., 25 ; Kohl v. U. S., 91 U. S., 367 ; U. S. v. Jones, 109 U. S., 513 ; Fort Leavenworth R. R. v. Lowe, 114 U. S., 525, 531, 532; Cherokee Nation v. Kansas Rwy., 135 U. S., 641, 656 ; Monongahela Navigation Co. v. U. S., 148 U. S., 312 ; Luxton v. North River Bridge Co., 147 U. S., 337, and 153 U. S., 525; Burt v. Merchants' Ins. Co., 106 Mass., 356; U. S., petitioners, 96 N. Y., 227.) For the acquisition of lands for fortifications and coast defenses, see para- graph 802, ante. *A license is an authority, revocable at pleasure, to do a particular act or series of acts upon the land of another without possessing an estate therein. (Morgan v. U. S., 14 Ct. Cls., 319.) From the act of July 5, 1884 (23 Stat. 103), it may be regarded as certain that it was the view of Congress that an explicit authority was necessary for even a transient occupation of a military reservation for other than its special purpose. The act of July 28, 1892, authorizing the Secretary of War to lease such property of the United States under his control as may not for the time be required for public use, forbids an occupation which contemplates perma- nency, or duration longer than five years. The Secretary of War has no power to accept a donation of property for the Government for use in perpetuity by Roman Catholics. A revocable license, without limitation as to time, by the Secretary of War to a Roman Catholic archbishop, to erect and maintain a chapel on the military reservation at West Point, transcends the statute. (21 Opin. Att. Gen., 537; id., 473, 476; 19 id., 28.) See subject of leases and licenses in Dig. Opin., J. A. G., pp. 948-957. MILITARY LAWS OF THE UNITED STATES. 477 MILITARY RESERVATIONS. 1280. Jurisdiction over reservations? The Congress shall have Power * To exercise exclusive Legislation in all Cases whatsoever, over such district (not exceeding ten Miles square) as may, by Cession of par- ticular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Maga- zines, Arsenals, dock- Yards, and other needful Buildings. Art. /, sec. , Constitution of the United States. 1 Lands may be acquired by the United States, within the territory of a State, in any one of three ways: (1) By purchase without the consent of the legisla- ture of the State within which the lands are situated; (2) by purchase with such consent; (3) by an exercise of the right of eminent domain. (Kohl v. U. S., 91 U. S., 367.) When the United States acquire lands within the limits of a State, with the consent of the legislature of the State, for the erection of forts, arsenals, dock- yards, and other needful buildings, the Constitution confers upon them exclu- sive jurisdiction of the tract so acquired ; but when they acquire such lands in any other way than by purchase with the consent of the legislature they will hold the lands subject to this qualification, that if upon them forts, arsenals, or other public buildings are erected for the uses of the General Government such buildings, with their appurtenances, as instrumentalities for the execution of its powers, will be free from any such interference and jurisdiction of the State as would destroy or impair their effective use for the purposes designed. Such is the law with reference to all instrumentalities created by the General Govern- ment. Their exemption from State control is essential to the independence and sovereign authority of the United States within the sphere of their delegated powers. But when not used as such instrumentalities the legislative power of the State will be as full and complete as over any other places within her limits. (Fort Leavenvvorth R. R. Co. v. Lowe, 114 U. S., 525, 539.) Where the absoute title to property remains in the United States, no matter for what pur- pose it is acquired or held, it is not subject to State or municipal taxation. (Am. and Engl. Ency. of Law, vol. 25, p. 110, and cases cited.) The purcahse of lands in a State by the General Government, with legislative consent, does not, ipso facto, confer upon the General Government exclusive jurisdiction, unless the purchase is for a fort or for some other purpose dis- tinctly named in Article I, section 8, of the Constitution ; and in order that ex- clusive jurisdiction may be acquired over land taken for any other purpose the act providing therefor and calling for the consent must unequivocally declare that exclusive jurisdiction is intended and necessary, or such necessity must be manifest from the purpose of the act. Accordingly, held, that the acts of Con- gress establishing the National Home for Disabled Volunteer Soldiers and creating a corporation authorized to take and hold lands for the purpose of such homes, containing no declaration of the necessity of exclusive jurisdiction in the General Government over such lands, do not vest such exclusive jurisdiction in the United States, upon the consent of the State being given to the acquisi- tion of such lands. (In re Kelly, 71 Fed. Rep.. 545.) A cession to the General Government, in the act giving the consent of the State to the purchase of such land, of "jurisdiction" does not confer exclusive jurisdiction, the purpose of the act not requiring it, but such jurisdiction only, concurrent with that of the State, as Congress may find necessary for the ob- jects of the cession. (Id.) Upon lands so ceded for the purpose of a home for disabled volunteers the criminal laws of the United States, which apply only to places within their exclusive jurisdiction, are not operative. (Id.) A State may cede to the United States exclusive jurisdiction over a tract within its limits in a manner not provided for in the Constitution of the United 478 MILITARY LAWS OF THE UNITED STATES. 1281. Disposition of useless military reservations. That whenever, in the opinion of the President of the United States, the lands, or any portion of them, included within the limits of any military reser- vation heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same, or so much thereof as he may designate, to be placed under the control of the Secretary of the Interior for disposition as hereinafter provided, and shall cause to be filed with the Secretary of the Interior a notice thereof. Sec. 1, Act of July 5, 1884 ($ Stat. 103) . States, and may prescribe conditions to the cession, if they are not inconsistent with the effective use of the property for the purpose intended. The reserva- tion which has usually accompanied the consent of the States, that civil and criminal process of the State courts may be served in the places purchased, is not considered as interfering in any respect with the supremacy of the United States over them, but is admitted to prevent them from becoming an asylum for fugitives from justice. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525, 533.) Such reservations provide only that civil and criminal process issued under the authority of the State, which must, of course, be for acts done and cognizable by the State, may be executed within the ceded lands, notwithstand- ing the cession. Not a word is said from which we can infer that it was in- tended that the State should have a right to punish for acts done within the ceded lands. (Id., 534; United States v. Cornell, 2 Mason, 60; Commonwealth v. Clary, 8 Mass., 72; Mitchell v. tibbetts, 17 Pick., 298; People v. Godfrey, 17 Johns (N. Y.), 225.) Residents within such ceded districts have none of the duties and obligations and none of the rights and privileges of citizens of the States within which such lands are situated. They are not subject to taxation; they can not exer- cise the right of suffrage. (6 Opin. Att. Gen., 577; 10 id., 35; Sinks v. Reese, 19 Ohio, 306.) They are not entitled to the benefit of the public schools. (1 Met. (Mass.), 580.) An act of the legislature of a State ceding to the United States the jurisdic- tion of the State over a tract of land used as a military reservation upon condi- tion that such jurisdiction shall continue only so long as the United States shall own and occupy such reservation ; that the State shall have the right within the reservation to serve civil process and to execute criminal process against persons charged with crime committed w r ithin the State ; and that roads may be opened and kept in repair within such reservation, cedes to the United States the entire political jurisdiction of the State over the place in question, including judicial and legislative jurisdiction, except as to service of process and opening roads, and the same can not be affected or further limited without the consent of the United States by a subsequent act of the State legislature attempting to impose additional restrictions on the jurisdiction ceded. (In re Ladd, 74 Fed. Rep., 31.) After such cession a justice of the peace acting under authority of the State has no jurisdiction over the ceded territory in matters of alleged criminal vio- lation of the laws.of the State committed on such territory. (Id.) It is a general rule of public law, recognized and acted upon by the United States, that whenever political jurisdiction and legislative power over any ter- ritory are transferred from one nation or sovereign to another the municipal laws of the country that is, laws which are intended for the protection of private rights continue in force until abrogated or changed by the new govern- ment or sovereign. By the cession public property passes from one government to the other, but private property remains as before, and with it those municipal laws which are designed to secure its peaceful use and enjoyment. As a mat- ter of course, all laws, ordinances, and regulations in conflict with the political character, institutions, and constitution of the new government are at once displaced. * * * But with respect to other laws affecting the possession, use, and transfer of property, and designed to secure good order and peace in the community and promote its health and prosperity, which are of a strictly municipal character, the rule is general that a change of government leaves them in force until by direct action of the new government they are altered or MILITARY LAWS OF THE UNITED STATES. 479 1282. Permits for rights of way for reservoirs, conduits, electrical plants, etc. That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for elec- trical plants, poles, and lines for the generation and distribution of repealed. (Chicago & Pacific R. R. v. McGlinn, 114 U. S., 542, 547; American Insurance Co. v. Cantor, 1 Pet., 542; Halleck Int. Law, ch. 34, sec. 14.) While after such cession the municipal laws of the State governing property and property rights continue in force in the ceded territory, except so far as in conflict with the laws and regulations of the United States applying thereto, the criminal laws of the State cease to be of force within the ceded territory, and laws regulating the sale of intoxicating liquors, requiring a license therefor, and punishing unlicensed sales cease to be operative, both as in conflict with the regu- lations of the United States governing military reservations and as penal in character. (In re Ladd, 74 Fed. Rep., 31.) Such cessions are " necessarily temporary, to be exercised only so long as the places continue to be used for the public purposes for which the property was acquired, or reserved from sale." When they cease to be so used, the jurisdic- tion reverts to the State. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525, 542.) A lease by the United States to a city for market purposes of vacant land which was a part of land ceded by the State to the United States for the pur- poses of a navy yard and naval hospital, with a provision that the United States may retain such use and jurisdiction no longer than the premises are used for such purposes, operates, at least while the lease is in force, to suspend the exclusive authority and jurisdiction of the United States over the leased land, and thereby makes it subject to the jurisdiction of State courts in an action for ouster therefrom. (Palmer v. Barrett, 162 U. S., 399.) The char- acter and purposes of the occupation of a reservation having been officially and legally established by that branch of the Government which has control over such matters, it is not open to the courts, on a question of jurisdiction, to in- quire what may be the actual uses to which any portion of the reserve is tem- porarily put. (Benson v. U. S., 146 U. S., 331.) Over lands reserved for military or other governmental purposes in the Terri- tories the jurisdiction of the United States is necessarily paramount. When a Territory is admitted as a State it is within the power of Congress to stipulate for the power of exclusive jurisdiction over such reservations, or to except them from the jurisdiction of the State. Failing 'to do this, however, the State can exercise such authority and jurisdiction over them as over similar prop- erty held by private individuals; and the United States can acquire exclusive jurisdiction only when the same has been formally ceded by the legislature of the State in which the lands are situated. (Fort Leavenworth R. R. Co. v. Lowe, 414 U. S., 525.) Lands acquired by the United States for public uses, by purchase with the consent of the States, or by an exercise of the right of eminent domain, are not public lands, that term applying only to " such lands as are subject to sale or other disposition under general laws." (Newhall v. San- ger. 92 U. S., 761.) When an act admitting a State into the Union, or organizing a Territorial government, provides that the lands in possession of an Indian tribe shall not be a part of such State or Territory, the new government has no jurisdiction over them. (Langford v. Monteith, 102 U. S., 145.) For an example of such a reservation on the part of Congress in the admission of a State into the Union, see the act of July 10, 1890 (26 Stat. 222), admitting the State of Wyoming. (See subject of jurisdiction in Dig. Opin. J. A. G., pp. 931-943.) For granting licenses to occupy and use military reservations and for remov- ing tresspassers therefrom, see par. 212 A. R., 1913. Also as to authority to remove tresspassers, see 3 Opin. Att. Gen., 268 ; 19 id., 106, 476 ; and chapter en- titled Employment of Military Force. Upon the subject of taxation on reservations, see Dig. Opiu. J. A. G., pp. 1023-1026. 480 MILITARY LAWS OF THE UNITED STATES. electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams and reservoirs used to promote irrigation or mining or quarrying, or the manufacture or cutting of timber or lumber, or the supplying of water for domestic, public or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named : Provided, That such per- mits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the Department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest : Provided further. That all permits given hereunder for telegraph and telephone purposes shall be subject to the provision of title sixty-five of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain : And provided further, That any permission given by the Secretary of the Interior under the provisions of this Act may be revoked by him or his suc- cessor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park. Act of Feb. 15, 1901 (31 Stat. 790). 1283. Easements for rights of way for electrical power, telephone and telegraph lines. That the head of the department having juris- diction over the lands be, and he hereby is, authorized and empow- ered, under general regulations to be fixed by him, to grant an easement for rights of way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right of way herein granted for any one or more of the purposes herein named: Provided, That such right of way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the MILITARY LAWS OF THE UNITED STATES. 481 approval of the chief officer of the department under whose super- vision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest : Provided, That all or any part of such right of way may be forfeited and an- nulled by declaration of the head of the department having jurisdic- tion over the lands for nonuse for a period of two years or for aban- donment. That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute. Act of Mar. 4, 1911 (36 Stat. 1253). 1284. Extension of state, county and territorial roads across mili- tary reservations. The Secretary of War shall have authority, in his discretion, to permit the extension of State, county, and Terri- torial roads across military reservations; to permit the landing of ferries, the erection of bridges thereon; and permit cattle, sheep or other stock animals to be driven across such reservation, whenever in his judgment the same can be done without injury to the reservation or inconvenience to the military forces stationed thereon. Sec. 6, Act of July 5, 1884 (23 Stat. 104). 1285. Proclamation of historic landmarks. The President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be con- fined to the smallest area compatible with the proper care and man- agement of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States. Sec. 2, Act of June 8, 1906 (34 Stat. 225). 1286. Permits for the examination and excavation of archaeological sites. Permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the 48985 15 31 482 MILITARY LAWS OF THE UNITED STATES. Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums. Sec. 3, id. 1287. Same Rules and regulations. The secretaries of the De- partments aforesaid shall make and publish from time to time uni- form rules and regulations for the purpose of carrying out the pro- visions of this Act. Sec. 4, id. 1288. Statue of liberty, Bedloes Island. The Treasurer of the United States is hereby authorized and directed to receive the sum of thirty-five thousand dollars, more or less, from the executive com- mittee of the Statue of Liberty erected on land belonging to the United States on Bedloes Island, New York Harbor; and the Sec- retary of War is hereby authorized to keep the said statue in repair, and to pay for the same from the appropriation for " Regular sup- plies/' under the Quartermaster's Department, in the appropriation for the support of the Army for the fiscal year in which such ex- penses shall be incurred. Act of Apr. 28, 1904 ($3 Stat. 498). MILITARY POSTS. 1289. Establishment Express authority of Congress required. Hereafter no military post within the United States shall be estab- lished without the express authority of Congress. 1 Act of Mar. 2, 1905 (33 Stat.836). 1290. Title papers to be furnished to the Attorney General. It shall be the duty of all officers of the United States having any of the title papers (property purchased, or about to be purchased, for erection of public buildings) in their possession, to furnish them forthwith to the Attorney General. No public money shall be ex- pended until the written opinion of the Attorney General shall be had. Sec. 1136, R. S. 1291. Expenditures for repairs Limitation. That hereafter no expenditures exceeding five hundred dollars shall be made upon any building or military post, or grounds about the same, without the approval of the Secretary of War for the same, upon detailed esti- mates by the Quartermaster's Department; and the erection, con- 1 For specific regulations affecting military posts, see paragraphs 201-211,, Army Regulations, 1913. MILITARY LAWS OF THE UNITED STATES. 483 struction, and repair of all buildings and other public structures in the Quartermaster's Department shall, as far as may be practicable, be made by contract, after due legal advertisement. 1 Act of Feb. 27, 1893 (27 S tat. 484). 1292. Acquisition of leases in Hawaii. The Secretary of War is authorized to acquire leases in such lands in Hawaii as have been set aside for purposes of a military post. Act of June 28, 1902 (32 Stat. 464). 1293. Post schools. Schools shall be established at all posts, garri- sons, and permanent camps at which troops are stationed, in which the enlisted men may be instructed in the common English branches of education, and especially in the history of the United States ; and the Secretary of War may detail such officers and enlisted men as may be necessary to carry out this provision. It shall be the duty of the post or garrison commander to set apart a suitable room or building for school and religious purposes. 2 Sec. 1231, R. S. 1294. Post exchanges. That hereafter no money appropriated for the support of the Army shall be expended for post gardens or ex- changes; but this proviso shall not be construed to prohibit the use, by post exchanges, of public buildings or public transportation when, in the opinion of the Quartermaster-General, not required for other purposes. 3 Act of July 16, 1892 (27 Stat. 178}. 1295. Sales of liquors, etc., prohibited. The sale of or dealing in beer, wine, or any intoxicating liquors by any person in any post exchange or canteen or Army transport or upon any premises used for military purposes by the United States is hereby prohibited. The *A military station is merely synonymous with the term " military post," and means a place where troops are assembled ; where military stores, animate and inanimate, are kept and distributed; where military duty is performed or military protection afforded ; where something, in short, more or less closely connected with arms or war is kept or is to be done. (Phisterer v. U. S., 12 Ct. Cls., 98, 107.) For other restrictions in respect to the construction and repair of quarters at military posts, see the title Barracks and Quarters in the chapter entitled The Quartermaster Corps. When a military post located upon lands belonging to the United States is abandoned the Secretary of War has no power, in the absence of authority from Congress, to order a sale of the building, and such a sale is void. (Lear v. U. S., 50 Fed. Rep., 65.) A sale by a military officer is not authorized by the usages of war, or if of property not under a valid condemnation, is a trespass and passes no title. (Bowlew v. Lewis, 48 Mo.. 32.) 2 For statutory duties of post and regimental chaplains in respect to post schools, see chapter entitled Post Chaplains. For regulations in regard to post schools, see paragraphs 331 and 449. Army Regulations, 1913. For provisions of statute respecting textbooks, supplies of paper, etc., see paragraph 1567, ante. Also see same paragraph for authority for maintenance of post bakeries. For regulations in respect to the management and administration of post bakeries, see paragraphs 329 and 1201, Army Regulations, 1913. 3 This provision regarding post exchanges is also included in chapter on the Quartermaster Corps, paragraph 518. 484 MILITARY LAWS OF THE UNITED STATES. Secretary of War is hereby directed to carry the provisions of this section into full force and effect. 1 Sec. 38, Act of Feb. #, 1901 (31 Stat. 758). NATIONAL MILITARY PARKS. 1296. Use of military maneuvers. In order to obtain practical benefits of great value to the country from the establishment of na- iional military parks, said parks and their approaches are hereby declared to be national fields for military maneuvers for the Regular Army of the United States and the National Guard or Militia of the States: Provided, That the said parks shall be opened for such pur- poses only in the discretion of the Secretary of War, and under such regulations as he may prescribe. 2 Act of May 15, 1896 (29 Stat. 120). 1297. Same. The Secretary of War is hereby authorized, within the limits of appropriations which may from time to time be avail- able for such purpose, to assemble, at his discretion, in camp at such season of the year and for such period as he may designate, at such field of military maneuvers, such portions of the military forces of the United States as he may think best, to receive military instruc- tion there. Sec. #, id., 121. 1298. Same Regulations. The Secretary of War is further au- thorized to make and publish regulations governing the assembling of the National Guard or Militia of the several States upon the maneuvering grounds, and he may detail instructors from the Regu- lar Army for such forces during their exercises. Sec. 2, id. 1299. /Superintendent, Antietam battlefield. For pay of superin- tendent of Antietam battlefield, said superintendent to perform his duties under the direction of the Quartermaster's Department and to be selected and appointed by the Secretary of War, at his dis- cretion, the person selected and appointed to this position to be an 1 This section replaces the requirements of the act of June 13, 1890 (26 Stat. 154), and section 17 of the act of March 2, 1899 (30 Stat. 937), in pari materia. For orders carrying this provision into effect, see paragraph 346, Army Regu- lations, 1913. 2 Section 35 of the act of February 2, 1901 (31 Stat. 757), contained a pro- vision that " the Secretary of War be, and he is hereby, authorized and directed to cause preliminary examinations and surveys to be made for the purpose of selecting four sites with a view to the establishment of permanent camp grounds for instruction of troops of the Regular Army and National Guard, with esti- mates of the cost of the sites and their equipment with all modern appliances, and for this purpose is authorized to detail such officers of the Army as may be necessary to carry on the preliminary work; and the sum of ten thousand dollars is hereby appropriated for the necessary expenses of such work, to be disbursed under the direction of the Secretary of War: Provided, That the Secretary of War shall report to Congress the result of such examination and surveys; and no contract for said sites shall be made nor any obligations in- curred until Congress shall approve such selections and appropriate the money therefor." MILITARY LAWS OF THE UNITED STATES. 485 honorably discharged Union soldier, one thousand five hundred dollars. 1 Act of Apr. 28, 190 J,. (33 Stat. 496.) NATIONAL PARKS. 1300. Employment of troops in Yellowstone National Park. The Secretary of War, upon the request of the Secretary of the Interior, is hereby authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the [Yel- lowstone National] park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein. 2 Act of Mar. 3, 1883 (22 Stat. 627}. 1301. Employment of troops in^National Parks in California. The Secretary of War, upon the request of the Secretary of the Interior, is hereafter authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park, the Yosemite National Park, and the Gen- eral Grant National Park, respectively, in California, for the pur- pose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law or regulation for the govern- ment of said reservations, and to remove such persons from said parks if found therein. Act of June 6, 1900 (31 Stat. 618). NATIONAL CEMETERIES. 1302. Maintenance. The Secretary of War shall provide for the care and maintenance of the national military cemeteries, and for this purpose shall submit an estimate with his annual estimates to Congress, and section four thousand eight hundred and seventy- six of the Revised Statutes is hereby repealed. Act of July 2%,, 1876 (19 Stat. 99). 1303. Superintendents Selection. The superintendents of the na- tional cemeteries shall be selected from meritorious and trustworthy soldiers, either commissioned officers or enlisted men of the Volun- teer or Regular Army, who have been honorably mustered out or discharged from the service of the United States, and who may have been disabled for active field service in the line of duty. Sec. 4874, R. S. *The above provision has been repeated in the successive acts of appropria- tion, including that for the fiscal year 1914. 2 In a letter from the Comptroller of the Treasury to the Secretary of the Interior, dated January 11, 1900, it was held that the act of August 4, 1886 (24 Stat. 240), and subsequent appropriation acts, having omitted the special provisions for the payment of superintendent and employees found in former acts, in effect abolished those offices on June 30, 1886, since which time there have been no civilian employees of the Interior Department in the park, the necessary protection thereof devolving on the troops detailed for that purpose by authority of the act of March 3, 1883 (22 Stat. 627). 486 MILITARY LAWS OF THE UNITED STATES. 1304. Superintendents Pay and quarters. The superintendents of the national cemeteries shall receive for their compensation from sixty dollars to seventy-five dollars a month each, 1 according to the extent and importance of the cemeteries to which they may be re- spectively assigned, to be determined by the Secretary of War; and they shall also be furnished with quarters and fuel at the sev- eral cemeteries. 2 Sec. 4875, R. 8. 1305. Inclosures, headstones, and registers. In the arrangement of the national cemeteries established for the burial of deceased soldiers and sailors, 3 the Secretary of War is hereby directed to have the same inclosed with a good and substantial stone or iron fence; and to cause each grave to be marked with a small headstone or block, which shall be of durable stone, and of such design and weight as shall keep it in place when set, and shall bear the name of the soldier and the name of his State inscribed thereon, when the same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery and at the office of the Quartermaster-General, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier ; or if these are unknown, it shall be so recorded. Sec. 4^77, R. S. 1306. Erection of headstones, in private cemeteries. That the Sec- retary of War is hereby authorized to erect headstones over the graves of soldiers who served in the Regular or Volunteer Army of the United States during the war for the Union, and who have been buried in private village or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy- three, for those interred in national military cemeteries ; and for this purpose, and for the expenses incident to such work, so much of the appropriation of one million dollars, made in the act above men- tioned, as has not been expended, and as may be necessary, is hereby made available. Act of Feb. 3, 1879 (20 Stat. 281}. V lr rhis section has been amended so as to allow the superintendent of the Arlington, Va., Cemetery $100 per month. (Act of July 30, 1912, 37 Stat. 240.) 2 The superintendent of a national cemetery over which the State has ceded jurisdiction to the United States, and within the limits of which he resides, is exempt from the duty devolved by the State upon all male persons between certain ages to work upon the public roads. Otherwise if the State has not ceded jurisdiction, or if the superintendent resides elsewhere within its jurisdiction. (16 Opin. Att. Gen., 468.) Superintendents of national cemeteries are no part of the Army, but civilians, being required indeed by section 4874, Revised Statutes, to be selected from persons who have been honorably discharged from the military service. They are therefore, of course, not subject to the Articles of War or to trial by court-martial, and for any serious misconduct on the part of a superintendent a removal from office would be the only adequate remedy. (Dig. Opin. J. A. G., p. 929, IV A 3a.) 3 That Confederate soldiers and sailors may be buried in national ceme- teries. (See appropriation act, Aug. 24, 1912, 37 Stat. 439^40.) MILITARY LAWS OF THE UNITED STATES. 487 1307. Record of names and places of burial. The Secretary of War shall cause to be preserved in the records of his Department the names and places of burial of all soldiers for whom such head- stones shall have been erected by authority of this or former acts. Id. 1308. Burial in national cemeteries Soldiers, sailors and marines entitled thereto. All soldiers, sailors, or marines, dying in the serv- ice of the United States, or dying in a destitute condition, after hav- ing been honorably discharged from the service, or who served during the late war, either in the regular or volunteer forces, may be buried in any national cemetery free of cost. The production of the honorable discharge of a deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment. Sec. 4878, R. S. 1309. Same Army nurses. Army nurses, honorably discharged from their service as such, may be buried in any national cemetery, and, if in a destitute condition, free of cost. The Secretary of War is authorized to issue certificates to those Army nurses entitled to such burial. Sec. 4878, R. S., as amended ~by Act of Mar. 3, 1897 (29 Stat. 625}. 1310. Jurisdiction. From the time any State legislature shall have given, or shall hereafter give, the consent of such State to the pur- chase by the United States of any national cemetery, the jurisdiction and power of legislation of the United States over such cemetery shall in all courts and places be held to be the same as is granted by section eight, article one, of the Constitution of the United States; and all provisions relating to national cemeteries shall be applicable to the same. Sec. 4882, R. S. OFFENSES AGAINST REAL PROPERTY. 1311. Cutting or injuring timber, etc. Whoever shall unlawfully cut, or aid in unlawfully cutting, or shall wantonly injure or destroy, or procure to be wantonly injured or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pur- suance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belong- ing to or occupied by any tribe of Indians under the authority of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. 1 Sec. 50, Act of Mar. h 1909, Criminal Code (35 Stat. 1098). 1 Section 5388 of the Revised Statutes, as amended by the act of June 4, 1888, which forbids the cutting or wanton destruction of timber upon military or Indian reservations, does not apply to one who removes and uses for building purposes timber which has been cut on an Indian reservation by another per- son without his aid and encouragement. (U. S. v. Konkapot, 43 Fed. Rep., 64.) Pel-sons cutting trees growing on the lands of the United States, without per- mission, are mere trespassers, performing an illegal act, and acquire no right, title, or interest in the wood by reason of the severance. (No. Pac. R. R. Co. v. Lewis, 1G2 U. S., 3GO; Schulenberg r. Harriman, 21 Wall., 44.) 488 MILITARY LAWS OF THE UNITED STATES. 1312. Cutting and chipping trees to secure pitch, etc. Whoever shall cut, chip, chop, or box any tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or loca- tion, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance, or shall knowingly encourage, cause, procure, or aid in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade for, or in any manner acquire any pitch, turpentine, or other sub- stance, or any article or commodity made from any such pitch, tur- pentine, or other substance, when he has knowledge that the same has been so unlawfully obtained from such trees, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 51, id. 1313. Removal, destruction, etc., of section corners or meander posts. Whoever shall willfully destroy, deface, change, or remove to another place any section corner, quarter-section corner, or mean- der post, on any Government line of survey, or shall willfully cut down any witness tree or any tree blazed to mark the line of a Gov- ernment survey, or shall willfully deface, change, or remove any monument or bench mark of any Government survey, shall be fined not more than two hundred and fifty dollars, or imprisoned not more than six months, or both. Sec. 57, id., 1099. 1314. Breaking fences, driving cattle, etc., upon reservations. Whoever shall knowingly and unlawfully break, open, or destroy any gate, fence, hedge, or wall inclosing any lands of the United States which, in pursuance of any law, have been reserved or purchased by the United States for any public use; or whoever shall drive any cattle, horses, hogs, or other live stock upon any such lands for the purpose of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or whoever shall knowingly permit his cattle, horses, hogs, or other live stock, to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other live stock may or can destroy the grass or trees or other property of the United States on the said lands, shall be fined not more than five hundred dollars, or impris- oned not more than one year : or both: Provided, That nothing in this section shall be construed to apply to unreserved public lands. Sec. 56, id. 1315. Trespass upon or injury to mines, torpedoes, fortifications, etc. Whoever shall willfully trespass upon, injure, or destroy any of the works or property or material of any submarine mine or tor- pedo, or fortification or harbor-defense system owned or constructed or in process of construction by the United States, or shall willfully MILITARY LAWS OF THE UNITED STATES. 480 interfere with the operation or use of any such submarine mine, tor- pedo, xortification, or harbor-defense system, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. Sec. 44, id., 1097. 1316. Setting fire to or injuring arsenals, armories, magazines, etc. Whoever shall maliciously set fire to, burn, or attempt to burn, or by any means destroy or injure, or attempt to destroy or injure, any arsenal, armory, magazine, ropewalk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn, or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel built, building, or undergoing repair, or any light-house, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, re- pairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be fined not more than five thousand dollars and imprisoned not more than twenty years. Sec. 286, id., 1144- 1317. Entry upon reservation for a purpose prohibited ~by law. Whoever shall go upon any military reservation, army post, fort, or arsenal, for any purpose prohibited by law or military regulation made in pursuance of law, or whoever shall reenter or be found within any such reservation, post, fort, or arsenal, after having been removed therefrom or ordered not to reenter by any officer or person in command or charge thereof, shall be fined not more than five hun- dred dollars, or imprisoned not more than six months, or both. Sec. 45, id., 1097. 1317J. National defense Penalty for obtaining unlawful informa- tion ~by photographs, sketches, plans, etc., and for disclosing plans, etc. That whoever, for the purpose of obtaining information re- specting the national defense, to which he is not lawfully entitled, goes upon any vessel, or enters any navy yard, naval station, fort, battery, torpedo station, arsenal, camp, factory, building, office, or other place connected with the national defense, owned or constructed or in process of construction by the United States, or in the possession or under the control of the United States or any of its authorities or agents, and whether situated within the United States or in any place noncontiguous to but subject to the jurisdiction thereof; or W 7 hoever, when lawfully or unlawfully upon any vessel, or in or near any such place, without proper authority, obtains, takes, or makes, or attempts to obtain, take, or make, any document, sketch, photograph, photo- graphic negative, plan, model, or knowledge of anything connected with the national defense to which he is not entitled; or whoever, without proper authority, receives or obtains, or undertakes or agrees to receive or obtain, from any person, any such document, sketch, photograph, photographic negative, plan, model, or knowledge, know- 490 MILITARY LAWS OF THE UNITED STATES. ing the same to have been so obtained, taken, or made; or who- ever, having possession of or control over any such document, sketch, photograph, photographic negative, plan, model, or knowledge, will- fully and without proper authority, communicates or attempts to communicate the same to any person not entitled to receive it, or to whom the same ought not, in the interest of the national defense, be communicated at that time; or whoever, being lawfully intrusted with any such document, sketch, photograph, photographic negative, plan, model, or knowledge, willfully and in breach of his trust, so communicates or attempts to communicate the same, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. Sec. 1, Act of Mar. 3, 1911 (36 Stat., 1084). 1317J. Same Punishment for communicating to foreign govern- ments, etc. That whoever, having committed any offense defined in the preceding section, communicates or attempts to communicate to any foreign government, or to any agent or employee thereof, any document, sketch, photograph, photographic negative, plan, model, or knowledge so obtained, taken, or made, or so intrusted to him, shall be imprisoned not more than ten years. Sec. 2, id., 1085. 1317f. Same Jurisdiction for offenses on high seas and in the Philippines. That offenses against the provisions of this Act com- mitted upon the high seas or elsewhere outside of a judicial district shall be cognizable in the district where the offender is found or into which he is first brought; but offenses hereunder committed within the Philippine Islands shall be cognizable in any court of said islands having original jurisdiction of criminal cases, with the same right of appeal as is given in other criminal cases where imprisonment ex- ceeding one year forms a part of the penalty; an,d jurisdiction is hereby conferred upon such courts for such purpose. Sec. 3, id. 1318. Employment of force to remove unlawful inclosures. That the President is hereby authorized to take such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that purpose. Sec. 5, Act of Feb. 25, 1885 (23 Stat. CHAPTER XXXI. THE MILITIA TERRITORIAL AND DISTRICT' MILITIA. Par. The militia 1319-1327 Right to bear arms 1319 Repeal of certain sections of the Revised Statutes 1320 Defining terms 1321 Composition of the Organized . . 1322 Exemptions 1323 The same 1324 Organization 1325 The same 1326 The same 1327 Encampments and maneuvers. 1328-1338 Joint encampments with the Regular Army. 1328 Disbursing appropriation ; state- ment of expenses 1329 Beginning of pay 1330 Practice marches, camps of in- structions and drills 1331 Details of officers and enlisted men of Regular Army 1332 Officers of the Regular Army as inspectors and instructors. . . 1333 Officers of the militia attending United States military schools 1334 Returns of strength of Organized Militia; reports to Congress.. 1335 Report of expenditures 1336 Consultation board of militia officers 1337 The same traveling expenses . 1338 In the service of the United States 1339-1346 Calling forth the militia 1339 The same 1340 The same 1341 The same subject to the Rules and Articles of War 1342 Membership of courts-martial. . 1343 Term of service 1344 The same 1345 Enlistment and muster. . . 1346 Par. Pay and emoluments 1347-1350 Pay and allowances 1347 Pensions 1348 Beginning of pay 1349 Purchase of travel rations 1350 Armament and equipment. . . 1351-1370 Permanent annual appropria- tion 1 1351 The same 1352 Thesame 1353 The same 1354 The same 1355 Payment during field or camp service 1356 Inspector of small-arms practice 1357 Supply of arms and equipments; accountability 1358 Accountability for arms and equipment 1359 - Ammunition for target practice . 1360 Supply of United States service arms 1361 Clothing allowance 1362 Appropriation 1363 Field Artillery material 1364 Supplying new types of small arms , . 1365 Withdrawing material and equipment from armories . . . 1366 Sale of magazine rifles to mili- tia and rifle clubs 1367 Sale of ammunition and stores to rifle clubs 1368 Disposition of proceeds of sale. 1369 Distribution of automatic pis- tols 1370 Territorial and District militia 1371-1381 District of Columbia, command- er in chief 1371 District of Columbia, command- ing general 1372 491 402 MILITARY LAWS OF THE UNITED STATES. Territorial and District militia Par. Continued. Army officer detailed as adju- tant general, District of Co- lumbia 1373 Retired officers' details, Dis- trict of Columbia 1374 Territorial governor to com- mand militia 1375 Laws in effect in Hawaii. . . 1376 Territorial and District militia Par. Continued. Election of general officers in Territories 1377 Appointment of commissioned officers 1378 Use of grounds at Washington Barracks 1379 Issue of arms to Territories , 1380 The same... . 1381 THE MILITIA. 1319. Right to bear arms. A well regulated militia, being neces- sary to the security of a free. State, the right of the people to keep and bear arms shall not be infringed. 1 Constitution of the United States, second amendment. 1320. Repeal of certain sections of the Revised Statutes. Sections sixteen hundred and twenty-five to sixteen hundred and sixty, both included, of title sixteen of the Revised Statutes, and section two hundred and thirty-two thereof, relating to the militia, are hereby repealed. Sec. 25, Act of Jan. Ql, 1903 (32 Stat. 780) . 1321. Defining terms. Whenever the words " State or Territory " are used in the "Act to promote the efficiency of the militia, and for other purposes," approved January twenty-first, nineteen hundred and three, as amended, they shall be held to apply to and include the District of Columbia. Sec. 74, Act of Feb. 18, 1909 (35 Stat. 636) . (This paragraph is added to the act of March 1, 1889, 25 Stat. 772, as section 64.) 1322. Composition of the organised. The militia shall consist of every able-bodied male citizen of the respective States and Terri- tories and the District of Columbia, and every able-bodied male of 1 The right to bear arms is not granted by the Constitution ; neither is it in any manner dependent upon that instrument for its existence. The second amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government. (U. S. v. Cruikshank, 92 U. S., 542.) The right voluntarily to associate together as a military company or organiza- tion, or to drill or parade with arms, without and independent of an act of Congress or law of the State authorizing the same, is not an attribute of national citizenship. Military organization and military drill and parade under arms are subjects especially under the control of the government of every country. They can not be claimed as rights independent of law and are not privileges and immunities of citizens of the United States. State governments, unless restrained by their own constitutions, have the power to regulate or prohibit associations and meetings of the people, except in the case of peace- able assemblies to perform the duties or exercise the privileges of citizens of the United States ; and have also the power to control and regulate the organi- zation, drilling, and parading of military bodies and associations, except when such bodies or associations are authorized by the militia laws of the United States. The exercise of this power, by the States, is necessary to the public peace, safety, and good order. ( Presser v. Illinois, 116 U. S. 252, 267 ; U. S. v< Cruikshank, 92 U. S., 542; New York v. Miln, 11 Pet, 102, 139.) MILITARY LAWS OF THE UNITED STATES. 493 foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes: The organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories; the remainder to be known as the Reserve Militia: Provided. That the provisions of this Act and of section sixteen hundred and- sixty-one, Revised Statutes, as amended, shall apply only to the militia organized as a land force. Sec. 1, Act of May 27, 1908 (35 Stat. 399}. (This paragraph amends and reenacts section 1 of the act of January 21, 1903, 32 Stat. 775.) 1323. Exemptions. The Vice-president of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom-house officers, with their clerks, postmasters and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post road, artificers and workmen employed in the armories and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the resepctive States or Territories shall be exempted from militia duty, without regard to age. Sec. 8, Act of Jan. 21, 1903 (3% Stat. 775). 1324. The same. Nothing in this Act shall be construed to require or compel any member of any well-recognized religious sect or organ- ization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organizations, to serve in the militia or any other -armed or volunteer force under the jurisdiction and authority of the United States. Sec. 2, Act of Jan. 21, 1903 (32 Stat. 775). 1325. Organisation. The regularly enlisted, organized, and uni- formed active militia in the several States and Territories and the District of Columbia who have heretofore participated or shall here- after participate in the apportionment of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes of the United States, as amended, whether known and desig- nated as National Guard, militia, or otherwise, shall constitute the organized militia. On and after January twenty-first, nineteen hun- dred and ten, the organization, armament, and discipline of the or- ganized militia in the several States and Territories and the District of Columbia shall be the same as that which is now or may hereafter 494 MILITAEY LAWS OF THE UNITED STATES. be prescribed for the Eegular Army of the United States, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. Sec. 2, Act of May 27, 1908 (35 Stat. 399). (This paragraph, with paragraphs 1326, 1327, and 1357, amends and reenacts section 3 of the act of January 21, 1903, 32 Stat. 775.) 1326. The same. The President of the United States in time of peace may, by order, fix the minimum number of enlisted men in each company, troop, batterj^, , signal corps, engineer corps, and hospital corps. Sec. 2, id., IfiO. (This paragraph, with paragraphs 1325, 1327, and 1357, amends and reenacts section 3 of the act of January 21, 1903, 32 Stat. 775.) 1327. The same. Any corps of artillery, cavalry, and infantry existing in any of the States at the passage of the Act of May eighth, seventeen hundred and ninety-two, which, by the laws, customs, or usages of the said States, have been in continuous existence since the passage of said Act, under its provisions and under the provisions of section two hundred and thirty-two and sections sixteen hundred and twenty-five to sixteen hundred and sixty, both inclusive, of title sixteen of the Revised Statutes of the United States, relating to the militia, shall be allowed to retain their accustomed privileges, sub- ject, nevertheless, to all other duties required by law, in like manner as the other militia. Sec. 2, id. (This paragraph, with paragraphs 1325, 1326, and 1357, amends and reenacts section 3 of the act of January 21, 1903, 32 Stat. 775. See sec. 25, act of Jan. 21, 1903 (32 Stat. 780), which repeals the sections of the Revised Statutes above mentioned. ) ENCAMPMENTS AND MANEUVERS. 1328. Joint encampments with the Regular Army. The Secretary of War is authorized to provide for participation by any part of the organized militia of any State, Territory, or the District of Columbia, on the request of the governor of a State or Territory, or the commanding-general of the militia of the District of Co- lumbia, in the encampments, maneuvers, and field instruction of any part of the Regular Army, at or near any military pest or camp or lake or sea-coast defenses of the United States. In such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Army, and no part of the sums ap- propriated for the support of the Regular Army shall be used to pay any part of the expenses of the organized militia of any State or Ter- ritory or the District of Columbia, while engaged in joint encamp- ments, maneuvers, and field instruction of the Regular Army and militia : Provided, That the Secretary of War is authorized, under requisition of the governor of a State or Territory or the command- MILITARY LAWS OF THE UNITED STATES. 495 ing-general of the militia of the District of Columbia, to pay to the quartermaster-general, or such other officer of the militia as may be duly designated and appointed for the purpose, so much of its allot- ment, under the annual appropriation authorized by section sixteen hundred and sixty-one, Revised Statutes, as amended, as shall be necessary for the payment, subsistence, transportation, and other ex- penses of such portion of the organized militia as may engage in en- campments, maneuvers, and field instruction with any part of the Regular Army at or near any military post or camp or lake or sea- coast defenses of the United States, and the Secretary of War shall forward to Congress, at each session next after said encampments, a detailed statement of the expense of such encampments and ma- neuvers : Provided, That the command of such military post or camp and the officers and troops of the United States there stationed shall remain with the regular comma.nder of the post without regard to the rank of the commanding or other officers of the militia temporarily so encamped within its limits or in its vicinity: Provided further, That except as herein specified the right to command during such joint encampments, maneuvers, and field instruction shall be gov- erned by the rules set out in Articles One hundred and twenty-two and One hundred and twenty-four of the rules and articles for the government of the armies of the United States. Act of Apr. &7, 1910 (36 Stat. 329). (This paragraph amends and reenacts section 15 of the act of January 21, 1903 ? 32 Stat. 777, as amended by section 9 of the act of May 27, 1908, 35 Stat. 402. It also includes the provision of the act of April 23, 1904, 33 Stat. 265, which prohibited the use of any part of the Army appropriation to pay any of the expenses of the Organized Militia while engaged in joint encampments, maneuvers, etc.) 1329. Disbursing appropriation; statement of expenses. The sums appropriated for the organized militia for such joint encampment, maneuvers, and field instruction shall be disbursed as, and for that purpose shall constitute, one fund; and the Secretary of War shall forward to Congress, at each session next after said encampment, a detailed statement of the expenses of such encampments and maneu- vers. Sec. 9, Act of May 07, 1908 (35 Stat. 402). (This paragraph, with paragraph 1328, amends and reenacts section 15 of the act of January 21, 1903, 32 Stat., 777. And see paragraph 1360.) 1330. Beginning of pay. Hereafter when any portion of the or- ganized militia of any State, Territory, or the District of Columbia participates in the encampment, maneuver's, and field instruction of any part of the Regular Army, under the provisions o.f section fifteen of the Act of January twenty-first, nineteen hundred and three, they may, after being duly mustered by an officer of the Regular Army, be paid at any time after such muster for the period from the date 496 MILITABY LAWS OF THE UNITED STATES. of leaving the home rendezvous to date of return thereto as deter- mined in advance, both dates inclusive, and such payment, if other- wise correct, shall pass to the credit of the paymaster making the same. Act of June 12, 1906 (34 Stat. 249} . 1331. Practice marches, camps of instructions and drills. Each State or Territory furnished with material of war under the pro- visions of this or former Acts of Congress shall, during the year next preceding each annual allotment of funds, in accordance with section sixteen hundred and sixty-one of the Revised Statutes, as amended, have required every company, troop, and battery in its organized militia not excused by the governor of such State or Territory to participate in practice marches or go into camp of instruction at least five consecutive days, and to assemble for drill and instruction at company, battalion, or regimental armories or rendezvous or for target practice not less than twenty-four times, and shall also have required during such year an inspection of each such company, troop, and battery to be made by an officer of such militia or an officer of the Regular Army. Sec. 18, Act of Jan. 21, 1903 (32 Stat. 778). 1332. Details of officers and enlisted men of Regular Army. Upon the application of the governor of any State or Territory furnished with material of war under the provisions of this Act, or former laws of Congress, the Secretary of War may, in his discretion, detail one or more officers or enlisted men of the Army to report to the governor of such State or Territory for duty in connection with the organized militia. All such assignments may be revoked at the request of the governor of such State or Territory or at the pleasure of the Sec- retary of War. Sec. 11, Act of May 27, 1908 (35 Stat. 403} . (This paragraph, with paragraphs 1337 and 1338, amends and reenacts section 20 of the act of January 21, 1903, 32 Stat. 779.) 1333. Officers of the Regular Army as inspectors and instructors. Upon the request of the governors of the several States and Territo- ries concerned, the President may detach officers of the active list of the Army from their proper commands for duty as inspectors and instructors of the Organized Militia, as follows, namely: Not to ex- ceed one officer for each regiment and separate battalion of infantry, or its equivalent of other troops : Provided, That line officers detached for duty with the Organized Militia under the provisions hereof, to- gether with those detached from their proper commands, under the provisions of law, for other duty the usual period of which exceeds one year, shall be subject to the provisions of section twenty-seven of the Act approved February second, nineteen hundred and one, with reference to details to the staff corps, but the total number of detached officers hereby made subject to these provisions shall not MILITARY LAWS OF THE UNITED STATES. 497 exceed two hundred : And provided further, That the number of such officers detached from each of the several branches of the line of the Army shall be in proportion to the authorized commissioned strength of that branch; they shall be of the grades first lieutenant to colonel, inclusive, and the number detached from each grade shall be in pro- portion to the number in that grade now provided by law for the whole Army. The vacancies hereby caused or created in the grade of second lieutenant shall be filled in accordance with existing law, one-half in each fiscal year until the total number of vacancies shall have been filled. Act of Mar. 3, 1911 (36 Stat. 1045). 1334. Officers of the militia attending United States military schools. Whenever any officer or enlisted man of the organized militia shall upon the recommendation of the governor of any State, Territory, or the commanding general of the District of Columbia militia, and when authorized by the President, attend and pursue a regular course of study at any military school or college of the United States, such officer or enlisted man shall receive from the an- nual appropriation for the support of the Army, the same travel allowances and quarters or commutation of quarters to which an officer or enlisted man of the Regular Army would be entitled for attending such school or college under orders from proper military authority ; such officer shall also receive commutation and subsistence at the rate of one dollar per day and each enlisted man such sub- sistence as is furnished to an enlisted man of the Regular Army while in actual attendance upon a course of instruction. Sec. 10, Act of May 27, 1908 (35 Stat. 402). (This paragraph amends and reenacts section 16 of the act of January 21, 1903, 32 Stat. 778.) 1335. Returns of strength of Organized Militia; reports to Con- gress. There shall be appointed in each State, Territory, and District of Columbia, an Adjutant-General, who shall perform such duties as may be prescribed by the laws of such State, Territory, and District, respectively, and make returns to the Secretary of War, at such times and in such form as he shall from time to time prescribe, of the strength of the organized militia, and also make such reports as may from time to time be required by the Secretary of War. That the Secretary of War shall, with his annual report of each year, transmit to Congress an abstract of the returns and reports of the adjutants- general of the States, Territories, and the District of Columbia, with such observations thereon as he may deem" necessary for the informa- tion of Congress. Sec. 12, Act of Jan. 81, 1903 (32 Stat. 776). (See paragraphs 1372 and 1373.) 48985 15 32 498 MILITAKY LAWS OF THE UNITED STATES. 1336. Report of expenditures. The Secretary of War shall an- nually submit to Congress a report of expenditures made by him in the execution of the requirements of this section. Sec. 8, Act of May 27, 1908 (35 Stat. 402). (This paragraph, with paragraphs 1361-1363, amends and reenacts section 13 of the act of January 21, 1903, 32 Stat 777.) 1337. Consultation board of militia officers. The Secretary of War is hereby authorized to appoint a board of five officers on the active list of the organized militia so selected as to secure, as far as prac- ticable, equitable representation to all sections of the United States, and which shall, from time to time, as the Secretary of War may direct, proceed to Washington, District of Columbia, for consultation with the Secretary of War respecting the condition, status, and needs of the whole body of the organized militia. Such officers shall be appointed for the term of four years unless sooner relieved by the Secretary of War. Sec. 11, id., 403. (This paragraph, with paragraphs 1332 and 1338, amends and reenacts section 20 of the act of Jan. 21, 1903 (32 Stat. 779.) 1338. The same Traveling expenses. The actual and necessary traveling expenses of the members of the board, together with a per diem to be established by the Secretary of War, shall be paid to the members of the board. The expenses herein authorized, together with the necessary clerical and office expenses of the division of militia affairs in the office of the Secretary of War, shall constitute a charge against the whole sum annually appropriated under section sixteen hundred and sixty-one, Revised Statutes, as amended, and shall be paid therefrom, and not from the allotment duly apportioned to any particular State, Territory, or the District of Columbia ; and a list of such expenses shall be submitted to Congress annually by the Secretary of War in connection with his annual report. Sec. 11, id. (This paragraph, with paragraphs 1332 and 1337, amends and reenacts sec- tion 20 of the act of January 21, 1903. 32 Stat. 779.) IN THE c^RVICE OF THE UNITED STATES. 1339. Calling forth the militia. Whenever the United States is invaded or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable with the regular forces at his com- mand to execute the laws of the Union, it shall be lawful for the President to call forth such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that pur- pose, through the governor of the respective State or Territory, or MILITARY LAWS OF THE UNITED STATES. 499 through the commanding general of the militia of the District of Columbia, from which State, Territory, or District such troops may be called, to such officers of the militia as he may think proper. Sea. 3, id., 400. (This paragraph amends and reenacts section 4 of the act of January 21, 1903, 32 Stat. 776.) 1340. The same. When the military needs of the Federal Govern- ment arising from the necessity to execute the laws of the Union, suppress insurrection, or repel invasion, can not be met by the regular forces, the organized militia shall be called into the service of the .United States in advance of any volunte'er force which it may be determined to raise. Sec. 4, id. (This paragraph, with paragraphs 1344 and 1345, amends and reenacts section 5 of the act of January 21, 1903, 32 Stat. 776.) 1341. The same. When the militia of more than one State is called into the actual service of the United States by the President he may, in his discretion, apportion them among such States or Territories or to the District of Columbia according to representative population. Sec. 6, Act of Jan. 21, 1903 (32 Stat. 776). 1342. The same subject to the rules and articles of war. The militia, when called into the actual service of the United States, shall be subject to the same Rules and Articles of War as the regular troops of the United States. Sec. 9, id. 1343. Membership of courts -martial. The majority membership of courts-martial for the trial of officers or men of the militia when in the service of the United States shall be composed of militia officers. Sec. 6, Act of May 27, 1908 (35 Stat. 401). (This paragraph amends and reenacts section 8 of the act of January 21, 1903. 32 Stat. 776.) 1344. Term of service. Whenever the President calls forth the organized militia of any State, Territory, or of the District of Colum- bia, to be employed in the service of the United States, he may specify in his call the period for which such service is required, and the militia so called shall continue to serve during the term so speci- fied, either within or without the territory of the United States, unless sooner relieved by order of the President. Sec. ^, id., 400. (This paragraph, with paragraphs 1340 and 1345, amends and reenacts section 5 of the act of January 21, 1903, 32 Stat. 776.) 1345. The same. No commissioned officer or enlisted man of the organized militia shall be held to service beyond the term of his existing commission or enlistment. Sec. 4, id. (This paragraph, with paragraphs 1340 and 1344, amends and reenacts section 5 of the act of January 21, 1903, 32 Stat. 776.) 500 MILITARY LAWS OF THE UNITED STATES. 1346. Enlistment and muster. Every officer and enlisted man of the militia who shall be called forth in the manner hereinbefore pre- scribed, shall be mustered for service without further enlistment, and without further medical examination previous to such muster, except for those States and Territories which have not adopted the stand- ard of medical examination prescribed for the Regular Army : Pro- vided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself for such muster, upon being called forth as herein prescribed, shall be subject to trial by court-martial and shall be punished as such court-martial may direct. Sec. 5, id., 401. (This paragraph amends and reenacts section 7 of the act of January 21, 1903, 32 Stat. 776.) PAY AND EMOLUMENTS. 1347. Pay and allowances. The militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army. Sec. 10, Act of Jan. 21, 1903 (32 Stat. 776). 1348. Pensions. When any officer, noncommissioned officer, or private of the militia is disabled by reason of wounds or disabilities received or incurred in the service of the United States he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, noncommissioned officer, or private dies in the service of the United States or in returning to his place of residence after being mustered out of such service, or at any time, in consequence of wounds or disabilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws. Sec. 22, id., 779. 1349. Beginning of pay. When the militia is called into the actual service of the United States, or any portion of the militia is called forth under the provisions of this Act, their pay shall commence from the day of their appearing at the place of company rendezvous, but this provision shall not be construed to authorize any species of expenditure previous to arriving at such places of rendezvous which is not provided by existing laws to be paid after their arrival at such places of rendezvous. Sec. 7, Act of May 27, 1908 (35 Stat. 401). (This paragraph amends and reenacts section 11 of the act of January 21, 1903, 32 Stat. 776.) 1350. Purchase of travel rations. Officers of the organized militia who may hereafter be furnished, under proper authority, with funds for the purchase of coffee, or other components of the travel ration for the use of their respective commands, shall not be required to furnish bonds for the safe-keeping and disbursement of the same. Act of May 11, 1908 (35 Stat. 117). MILITARY LAWS OF THE UNITED STATES. 501 ARMAMENT AND EQUIPMENT. 1351. Permanent annual appropriation. The sum of two million dollars is hereby annually appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the purpose of pro- viding arms, ordnance stores, quartermaster stores, and camp equi- page for issue to the militia, such appropriation to remain available until expended. 1 Sec. 1, Act of June 22, 1906 (34 Stat. 449). (This paragraph amends and reenacts section 1661 of the Revised Statutes, as amended by the act of June 6, 1900, 31 Stat. 662.) 1352. The same. The permanent annual appropriation made by the act of April twenty-third, eighteen hundred and eight, desig- nated as section sixteen hundred and sixty-one of the Revised Statutes, and which was increased to four hundred thousand dol- lars by the act of February twelfth, eighteen hundred and eighty- seven, being for the procurement of ordnance and ordnance stores and quartermaster's stores and camp equipage for the use of the militia of the country, shall not lapse with the end of any fiscal year nor be turned into the surplus fund, but shall remain a permanent appropriation and be available for the several States and Territories and District of Columbia until expended as provided in said acts or other wise disposed of by Congress. 2 Act of Aug. 18, 1894 (8 Stat. 406). (See paragraph 1351.) 1353. The same. Said appropriation shall be apportioned among the several States and Territories, under the direction of the Secre- tary of War, according to the number of Senators and Representa- tives to which each State respectively is entitled in the Congress of the United States, and to the Territories and District of Columbia such proportion and under such regulations as the President may prescribe : Provided, however, That no State shall be entitled to the benefits of the appropriation apportioned to it unless the number of its regularly enlisted, organized, and uniformed active militia shall be at least one hundred men for each Senator and Representa- tive to which such State is entitled in the Congress of the United 1 The appropriation for " providing arms and equipments for the whole body of the militia, either by purchase or manufacture," authorizes the use of the money in the manufacture of arms at the National Armories. (9 Opin. Att. Gen., 16.) The cost of transporting arms and equipments to the points designated by proper authority for issue to the militia of the several States and Territories and the District of Columbia is an expenditure incident to the object of the appropriation " Arming and equipping the militia," made by the act of Feb- ruary 12, 1887 (24 Stat. 401), and is therefore properly chargeable to it, unless provision is specifically made therefor. (3 Dig. 2d Comp. Dec. 356.) * The States do not, by the existing laws, have an absolute right of property in such arms, and they derive no authority therefrom to sell or dispose of them at pleasure. (14 Opin. Att. Gen., 491.) 502 MILITABY LAWS OF THE UNITED STATES. States. And the amount of said appropriation which is thus deter- mined not to be available shall be covered back into the Treasury: Provided also, That the sums so apportioned among the several States and Territories and the District of Columbia shall be avail- able for the purpose named in section fourteen of the Act of Janu- ary twenty-first, nineteen hundred and three, for the actual excess of expenses of travel in making the inspections therein provided for over the allowances made for same by law; for the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges; for the hiring of horses and draft animals for the use of mounted troops, batteries, and wagons; for forage for the same and for such other incidental expenses in connection with encampments, maneuvers, and field instruction provided for in sections fourteen and fifteen of the said Act of January twenty-first, nineteen hundred and three, as the Secretary of War may deem necessary. 1 Sec. 8, Act of June m, 1906 (34 Stat. 449). (This paragraph amends and reenacts section 2 of the act of February 12, 1887, 24 Stat. 402. See paragraph 1351.) 1354. The same. The annual appropriation made by section six- teen hundred and sixty-one, Revised Statutes, as amended, shall be available for the purpose of providing for issue to the organized militia any stores and supplies or publications which are supplied to the Army by any department. Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, pur- chase for cash from the War Department, for use of its militia, stores, supplies, material of war, or military publications, such as are furnished to the Army, in addition to those issued under the pro- visions of this Act, at the price at which they are listed for issue to the Army, with the cost of transportation added, and funds received from such sales shall be credited to the appropriations to which they belong and shall not be covered into the Treasury, but shall be available until expended to replace therewith the supplies sold to *The arms transmitted to the States under the laws which are embodied in sections 1661, 1667, and 1670 of the Revised Statutes are, in contemplation of the provisions thereof, to be held by the States for a specific purpose only, which is pointed out therein; hence, they become invested with nothing more than a qualified property in such arms; and they can not, as a matter of right, and without interfering with the regulations of Congress on a subject over which its authority is paramount, make any disposition or use of such arms which defeats the purpose referred to. (14 Opin. Att. Gen., 491.) Congress, by the act of February 12, 1887 (24 Stat. 401), has provided a system of accountability for the several States in respect to the arms, ammunition, equi- page and other public property issued to the States for the use of the militia. (See paragraph 1358.) For provision of the statutes respecting certain special issues of arms and ammunition to the militia of the States and Territories, see paragraphs 1380 and 1381, post. MILITARY LAWS OF THE UNITED STATES. 503 the States and Territories and to the District of Columbia in the manner herein provided. Sec. 17, Act of Jan. 81, 1903 (32 Stat. 778). (See paragraph 1351.) 1355. The same. That hereafter the allotment to any State, Terri- tory, or the District of Columbia, from the annual appropriation made by section sixteen hundred and sixty-one, Revised Statutes, as amended, shall be available- for the purposes specified by law only under such conditions as may be prescribed by the Secretary of War to secure effective organizational field or camp service for instruc- tion and generally increased field efficiency on the part of the Organ- ized Militia. Act of Apr. 27, 1914 (38 Stat. 360). (See paragraph 1351.) 1356. Payment during -field or camp service. Whenever it shall appear by the report of inspection, which it shall be the duty of the Secretary of War to cause to be made at least once in each year by officers detailed by him for that purpose, that the organized militia of a State or Territory or of the District of Columbia is sufficiently armed, uniformed, and equipped for active diity in the field, the Secretary of War is authorized, on the requision of the governor of such State or Territory, to pay to the quartermaster-general thereof, or to such other officer of the militia of said State as the said gov- ernor may designate and appoint for the purpose, so much of its allotment out of the said annual appropriation under section sixteen hundred and sixty-one of the Revised Statutes as amended as shall be necessary for the payment, subsistence, and transportation of such portion of said organized militia as shall engage in actual field or camp service for instruction, and the officers and enlisted men of such militia while so engaged shall be entitled to the same pay, sub- sistence, and transportation or travel allowances as officers and en- listed men of corresponding grades of the Regular Army are or may hereafter be entitled by law, and the officer so designated and ap- pointed shall be regarded as a disbursing officer of the United States, and shall render his accounts through the War Department to the proper accounting officers of the Treasury for settlement, and he shall be required to give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for the safe-keeping and payment of the public moneys so instrusted to him for disbursement. Sec. H, Act of Jan. 21, 1903 (32 Stat. 777). (See paragraph 1351.) 1357. Inspector of small-arms practice. In peace and war each organized division of militia may have one inspector of small-arms 504 MILITARY LAWS OF THE UNITED STATES. practice with the rank of lieutenant-colonel ; each organized brigade of militia one inspector of small-arms practice with the rank of major; each regiment of infantry or cavalry of organized militia one assistant inspector of small-arms practice with the rank of captain, and each separate or unassigned battalion of infantry or engineers or squadron of cavalry of organized militia one assistant inspector of small-arms practice with the rank of first lieutenant. Sec. 2, Act of May 27, 1908 (35 Stat. 400). (This paragraph, with paragraphs 1325, 1326, and 1327, amends and reenacts section 3 of the act of January 21, 1903, 32 Stat. 775. ) 1358. Supply of arms and equipments; accountability. The pur- chase or manufacture of arms, ordnance stores, quartermaster stores, and camp equipage for the militia under the provisions of this Act shall be made under the direction of the Secretary of War, as such arms, ordnance and quartermaster stores, and camp equipage are now manufactured or otherwise provided for the use of the Regular Ar,my. and they shall be receipted for and shall remain the property of the United States, and be annually accounted for by the governors of the States and Territories and by the commanding general of the Na- tional Guard of the District of Columbia, for which purpose the Sec- retary of War shall prescribe and supply the necessary blanks and make such regulations as he may deem necessary to protect the in- terests of the United States. Sec. 3, Act of June 22, 1906 (34 Stat. 450). (This paragraph amends and reenacts section 3 of the act of February 12, 1887.) 1359. Accountability for arms and equipment. Whenever any property furnished to any State or Territory, or the District of Co- lumbia, as hereinbefore provided, has been lost or destroyed, or has become unserviceable or unsuitable from use in service, or from any other cause, it shall be examined by a disinterested surveying officer of the organized militia, to be appointed by the governor of the State or Territory, or the commanding general of the National Guard of the District of Columbia, to whom the property has been issued, and his report shall be forwarded by said governor or commanding gen- eral direct to the Secretary of War, and if it shall appear to the Sec- retary of War from the record of survey that the property has been lost or destroyed through unavoidable causes, he is hereby authorized to relieve the State from further accountability therefor; if it shall appear that the loss or destruction of property was due to careless- ness or neglect or that its loss could have been avoided by the ex- ercise of reasonable care, the money value thereof shall be charged against the allotment to the States under section sixteen hundred and sixty-one of the Revised Statutes as amended. If the articles so surveyed are found to be unserviceable or unsuitable, the Secretary MILITARY LAWS OF THE UNITED STATES. 505 of War shall direct what disposition, by sale or otherwise, shall be made of them, except unserviceable clothing which shall be destroyed, and if sold the proceeds of such sale shall be covered into the Treasury of the United States. Sec. 4, id. (This paragraph amends section 4 of the act of February 12, 1887, 24 Stat 402.) 1360. Ammunition for target practice. The troops of the militia encamped at any military post or camp of the United States may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of War, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the proper military com- mander. Sec. 21, Act of Jan. %1, 1903 (32 Stat. 779). 1361. Supply of United States service arms. The Secretary of War is hereby authorized to procure, by purchase or manufacture, and issue from time to time to the organized militia, under such regulations as he may prescribe, such number of the United States service arms, together with all accessories and such other accourter- ments, equipments, uniforms, clothing, equipage, and military stores of all kinds required for the Army of the United States, as are neces- sary to arm, uniform, and equip all of the organized militia in the several States, Territories, and the District of Columbia, in accord- ance with the requirements of this Act, without charging the cost or value thereof, or any expense connected therewith, against the allot- ment of said State, Territory, or the District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes as amended, or requiring payment therefor, and to exchange, without receiving any money credit there- for, ammunition or parts thereof suitable to the new arms, round for round, for corresponding ammunition suitable to the old arms here- tofore issued to said State, Territory, or the District of Columbia by the United States: Provided, That said property shall remain the property of the United States, except as hereinafter provided, and be annually accounted for by the governors of the States and Territories as required by law, and that each State, Territory, and the District of Columbia shall, on receipt of new arms or equipments, turn in to the War Department, or otherwise dispose of in accord- ance with the directions of the Secretary of War, without receiving any money credit therefor and without expense for transportation, all United States property so replaced or condemned. Sec. 8, Act of May 27, 1908 (35 Stat. 401). (This paragraph, with paragraphs 1336, 1362, and 1363, amends and reenacts section 13 of the act of January 21, 1903, 32 Stat. 777. ) 1362. Clothing allowance. When the organized militia is uni- formed as above required (see Par. 1361), the Secretary of War is 506 MILITARY LAWS OF THE UNITED STATES. authorized to fix an annual clothing allowance to each State, Terri- tory, and the District of Columbia for each enlisted man of the organized militia thereof, and thereafter issues of clothing to such States, Territories, and the District of Columbia shall be in accord- ance with such allowance, and the governors of the States and Terri- tories and the commanding general of the militia of the District of Columbia shall be authorized to drop from their returns each year as expended clothing corresponding in value to such allowance. The Secretary of War is hereby further authorized to issue from time to time to the organized militia, under such regulations as he may pre- scribe, small arms and artillery ammunition upon the requisition of the governor, in the proportion of fifty per centum of the correspond- ing Regular Army allowance, without charge to the State's allotment from the appropriation under section sixteen hundred and sixty-one, Revised Statues, as amended. Sec. #, id. (This paragraph, with paragraphs 1336, 1361, and 1363, amends and reenacts section 13 of the act of January 21, 1903, 32 Stat. 777.) 1363. Appropriation. To provide means to carry into effect the provisions of this section, the necessary money to cover the cost of procuring, exchanging, or issuing of arms, accouterments, equip- ments, uniforms, clothing, equipage, ammunition, and military stores to be exchanged or issued hereunder is hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, That the sum expended in the execution of the purchases and issues provided for in this section shall not exceed the sum of two million dollars in any fiscal year. Sec. #, 4-02. (This paragraph, with paragraphs 1336, 1361, and 1362, amends and reenacts section 13 of- the act of January 21, 1903, 32 Stat 777.) 1364. Field-artillery material. For the purpose of procuring field- artillery material for the organized militia of the several States, Territories, and the District of Columbia, without cost to the said States, Territories, or the District of Columbia, but to remain the property of the United States and to be accounted for in the manner now prescribed by law, the Secretary of War is hereby authorized, under such regulations as he may prescribe, on the requisitions of the governors of the several States and Territories or the commanding general of the militia of the District of Colum- bia, to issue said artillery material to the organized militia ; and the sum of five hundred and eighty five thousand dollars is hereby appropriated and made immediately available, for the procurement and issue of the articles constituting the same. Act of Apr. 23, 190 % (33 Stat. 275). 1365. Supplying new types of small arms. It shall be the duty of the Secretary of War, whenever a new type of small arm shall have MILITARY LAWS OF THE UNITED STATES.. 507 been adopted for the use of the Regular Army, and when a sufficient quantity of such arms shall have been manufactured to constitute, in his discretion, an adequate reserve for the armament of any regu- lar and volunteer forces that it may be found necessary to raise in case of war, to cause the organized militia of the United States to be furnished with small arms of the type so adopted, with bayonets and the necessary accouterments and equipments, including ammuni- tion therefor: Provided, That such issues shall be made in the man- ner provided in section thirteen of the Act approved January twenty- first, nineteen hundred and three, entitled "An Act to promote the efficiency of the militia, and for other purposes." Act of Mar. 2, 1907 (34 Stat. 117^). 1366. Withdrawing material^ and equipment from armories. For the purchase of material, equipment, books of instruction, range finders, and fire-control equipment for the instruction and use of State coast artillery organizations, * * * dollars: Provided, That in time of war, or threatened war, such equipment may, in the discretion of the Secretary of War, be withdrawn from armories or other places where it is in use by the State coast artillery organiza- tions, and may be used in the fortifications of the United States. Act of Mar. 3, 1909 (35 Stat. 750). 1367. Sale of magazine rifles to militia and rifle clubs. The Secre- tary of War is hereby authorized to sell, at the prices at which they are listed for the Army, upon the request of the governors of the several States and Territories, such magazine rifles belonging to the United States as are not necessary for the equipment of the Army and the organized militia, for the use of rifle clubs formed under regula- tions prepared by the national board for the promotion of rifle prac- tice and approved by the Secretary of War. Sec. 1, Act of Mar. 3, 1905 (33 Stat. 986). ( See paragraph 1354. ) 1368. Sale of ammunition and stores to rifle clubs. The Secretary of War is hereby authorized in his discretion to sell to the several States and Territories, as prescribed in section seventeen of the Act approved January twenty-first, nineteen hundred and three, for the use of said clubs, ammunition, ordnance stores, and equipments of the Government standard at the prices at which they are listed for the Army. The practice of the rifle clubs herein provided shall be carried on in conformity to regulations prescribed by the national board for the promotion of rifle practice, approved by the Secretary of War, and the results thereof shall be filed in the office of the Military Secretary of the Army. Sec. 2, id., 987. (By an act dated March 2, 1907, 34 Stat 1158, the office of the Military Sec- retary of the Army, referred to in this paragraph, was changed to The Adjutant General's Office. See paragraph 436.) 508 MILITARY LAWS OF THE UNITED STATES. 1369. Disposition of proceeds of sale. Hereafter whenever articles of government property are sold for cash to any State, Territory, or to the District of Columbia, for the use of the organized militia, thereby ceasing to be the property of the United States, none of the articles so sold shall be received back by any department of the Gov- ernment upon the basis of allowing any credit therefor, except when such articles form part of the equipment of troops mustered into the service of the United States in time of war. Sec. 3, Act of June 23, 1910 (36 Stat. 603). 1370. Distribution of automatic pistols. Whenever in his opinion a sufficient number of automatic pistols of the standard service type, holsters, and pistol-cartridge boxes therefor, shall have been pro- cured and be available for the purpose ; the Secretary of War is hereby authorized to issue, on the requisition of the governors of the several States and Territories, or of the commanding general of the Militia of the District of Columbia, such number of standard pistols, holsters, and pistol-cartridge boxes therefor as are required for arm- ing all of the Organized Militia in said States, Territories, and Dis- trict of Columbia, without charging the cost or value thereof, or any expense connected therewith, against the allotment to said State, Territory, or District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes, as amended, or requiring payment therefor, and to ex- change, without receiving any money credit therefor, ammunition, or parts thereof, suitable to the new standard pistol : round for round, for corresponding ammunition suitable to the old revolver thereto- fore issued to said States, Territory, or District by the United States : Provided, That the said standard pistols, holsters, and pistol-car- tridge boxes therefor shall be receipted for and shall remain the property of the United States and be annually accounted for by the governors of the States and Territories and the commanding general of the Militia of the District of Columbia as now required by law, and that each State, Territory, and District shall, on receipt of the new pistols : holsters, and pistol-cartridge boxes, and ammunition, turn into the Ordnance Department of the United States Army, with- out receiving any money credit therefor and without expense for transportation, all United States revolvers and ammunition therefor, holsters, and revolver-cartridge boxes now in its possession. To provide means to carry into effect the foregoing provisions, the necessary money, not to exceed three hundred thousand dollars, to recover the cost of exchanging or issuing the new pistols, ammunition therefor, holsters, and pistol-cartridge boxes to be exchanged or issued hereunder, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. Act of Mar. 3, 1911 (36 Stat. 1057). MILITARY LAWS OF THE UNITED STATES. 509 TERRITORIAL AND DISTRICT MILITIA. 1371. District of Columbia, commander in chief. The President of the United States shall be the commander in chief of the militia of the District of Columbia. Sec. 6, Act of Mar. 1, 1889 (25 Stat. 773). 1372. District of Columbia, commanding general. There shall be appointed and commissioned by the President of the United States a commanding general of the militia of the District of Columbia, with the rank of brigadier-general, who shall hold office until his successor is appointed and qualified, but may be removed at any time by the President. Sec. 7, id. 1373. Army officer detailed as Adjutant General, District of Co- lumbia. -The President may assign an officer of the Army to act as adjutant-general of the militia of the District of Columbia, who, while so assigned, shall be commissioned as such and be subject to the orders of the commanding general and the provisions of this act : Provided, however, That the officer so assigned shall receive no other pay or emolument than that to which his rank in the Army entitles him when on detached service. Sec. 9, id. 1374. Retired officers details, District of Columbia. The President of the United States may detail as adjutant-general of the District of Columbia militia any retired officer of the Army who may be nominated to the President by the brigadier-general commanding the District of Columbia militia, said retired officer while so detailed to have the active-service pay and allowances of his rank in the Kegular Army. Act of June 6, 1900 (31 Stat. 671). 1375. Territorial governor to command militia. The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. He shall reside in the Territory for which he is appointed, and shall be commender in chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision of the President can be made known thereon. He shall commission all officers who are appointed under the laws of such Territory, and shall take care that the laws thereof be faithfully executed. Sec. 1841, R. S. 1376. Laws in effect in Hawaii. The Constitution, and, except as otherwise provided, all the laws of the United States, including laws carrying general appropriations, which are not locally inap- plicable, shall have the same force and effect within the said Ter- ritory 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, 510 MILITABY LAWS OF THE UNITED STATES. of the Revised Statutes [providing, among other things, for election of general officers of the militia] , 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 indebted- ness, and for other purposes," approved July thirtieth, eighteen hun- dred and eighty-six, and the amendments thereto, shall not apply to Hawaii. Sec. 1, Act of May 27, 1910 (36 Stat. 443) . (This provision amends and reenacts section 5 of the act entitled "An act to provide a government for the Territory of Hawaii," approved April 13, 1900, 31 Stat. 141.) 1377. Election of general officers in territories. Justices of the peace and all general officers of the militia in the several Territories shall be elected by the people in such manner as the respective legis- latures may provide by law. Sec. 1856, R. S. 1378. Appointment of commissioned officers. All township, dis- trict, and county officers, except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each Territory; and all other officers not herein otherwise provided for the governor shall nominate, and by and with the advice and consent of the legislative council of each Territory shall appoint; but, in the first instance, where a new Territory is hereafter created by Con- gress, the governor alone may appoint all the officers referred to in this and the preceding section and assign them to their respective townships, districts, and counties; and the officers so appointed shall hold their offices until the end of the first session of the legis- lative assembly. Sec. 1857, R. S. 1379. Use of grounds at Washington Barracks. National Guard shall have the use of the drill grounds and rifle-range at the Wash- ington Barracks, subject to the approval of the Secretary of War, and the commanding general of the militia shall provide such addi- tional targets and accessories as may be necessary for the use of the militia. Sec. 47, Act of Feb. 18, 1909 (35 Stat. 634) (This has reference to the National Guard of the District of Columbia. The paragraph amends section 44 of the act of March 1, 1889 (25 Stat. 778), by changing the number of the section from 44 to 47.) 1380. Issue of arms to Territories. That the Secretary of War is hereby authorized to cause to be issued to the Territories, and the States bordering thereon, such arms as he may deem necessary for their protection, not to exceed one thousand to said State and Terri- tories each, and ammunition for the same, not to exceed fifty ball cartridges for each arm: Provided, That such issues shall be only from arms owned by the Government which have been superseded and no longer issued to the Army: Provided, however, That said arms shall be issued only in the following manner, and upon the MILITARY LAWS OF THE UNITED STATES. 511 following conditions, namely, upon the requisition of the governors of said States or Territories showing the absolute necessity of arms for the protection of the citizens and their property against Indian raids into said States or Territories, also that militia companies are regularly organized and under control of the governors of said States or Territories to whom said arms are to be issued, and that said governor or governors shall give a good and sufficient bond for the return of said arms or payment for the same at such time as the Secretary of War may designate: Provided, That the quota to the States now authorized by law shall not hereby be diminished. Joint Res. No. 13, July 3, 1876 (19 Stat. 214). 1381. The same. That the Secretary of War is hereby authorized to cause to be issued to each of the Territories of the United States (in addition to arms and ammunition the issue of which has been heretofore provided for), such arms not to exceed one thousand in number as he may deem necessary, and ammunition for the same not to exceed fifty ball cartridges for each arm: Provided, That such issue shall be only from arms owned by the Government of the United States, which have been superseded and no longer issued to the Army : And provided further, That said arms shall be issued only in the following manner, and upon the following conditions, namely, upon the requisition of the governors of said Territories showing the absolute necessity for arms for the protection of citizens and their property against hostile Indians within or of Indian raids into such Territories: And provided further, That the said governor or governors of said Territories to whom the said arms may be issued shall give good and sufficient bond or bonds for the return of said arms, or payment therefor, at such time as the Secretary of War may designate, as now provided for by law. Joint Res. No. 86, J j wne 7, 1878 (20 Stat. CHLAJPTER XXXII, VOLUNTEERS. Par. Land forces of the United States, composition of 1382 Volunteer forces, only to be organ- ized during existence of war, etc . 1383 Same raising, organizing, etc . ; President's proclamation for 1384 Same subject to laws, regulations, etc . , governing Regular Army 1385 Same President to appoint officers of 1386 Same staff officers for' appoint- ment of 1387 Same officers for, may be appointed from Regular Army 1388 Par. Same vacancies in Regular Army caused by appointment of officers of in volunteer forces 1389 Same returns and muster rolls of.. 1390 Same recruiting and maintenance of, in time of war, etc 1391 Same organization of recruiting system for 1392 Same assignment and transfers of officers of 1393 Same pay, allowances and pension- able status of 1394 Same repeal of all laws in conflict with.. . 1395 1382. Land forces of United States, composition of. That the land forces of the United States shall consist of the Regular Army, the organized land militia while in the service of the United States, and such volunteer forces as Congress may authorize. Sec. 1, Act of Apr. 26, 1914 (38 Stat. 347). 1383. Volunteer forces, only to be organised during existence of war, etc. That the volunteer forces shall be raised, organized, and maintained, as in this Act provided, only during the existence of war, or while war is imminent, and only after Congress shall have authorized the President to raise such a force: Provided, That the term of enlistment in the volunteer forces shall be the same as that for the Regular Army, exclusive of reserve periods, and all officers and enlisted men composing such volunteer forces shall be mustered out of the service of the United States as soon as practicable after the President shall have issued a proclamation announcing the termi- nation of the war or the passing of the imminence thereof. Sec. 2, id. 1384. Same raising, organizing, etc.; Presidents proclamation for. That when volunteer forces are to be raised the President shall issue his proclamation, stating the number of men desired for each arm, corps, and department, within such limits as may be fixed by law, and he shall prescribe such rules and regulations, not incon- sistent with the terms of this Act, as may be necessary for the pur- pose of examining, organizing, and receiving into the service the 48985 15 33 513 514 MILITARY LAWS OF THE UNITED STATES. men called for: Provided, That the power to organize volunteer forces shall include the power to provide, within such limits as are or may be prescribed by law, the officers and enlisted men of all grades and classes, and the trained nurses, male and female, that may be necessary in the various arms, corps, and departments: Provided further, That when three- fourths of the prescribed minimum en- listed strength of any company, troop, or battery, or when three- fourths of the prescribed minimum enlisted strength of each com- pany, troop, or battery comprised in any battalion or regiment of the organized land militia of any State, Territory, or the District of Columbia, organized as prescribed by law and War Department regulations, shall volunteer and be accepted for service in the Vol- unteer Army as such company, troop, battery, battalion or regiment, such organization may be received into the volunteer forces in ad- vance of other organizations of the same arm or class from the same State, Territory, or District, and the officers in the organized land militia service with such organization may then, within the limits prescribed by law, be appointed by the President, by and with the advice and consent of the Senate, as officers of corresponding grades in the Volunteer Army and be assigned to the same grades in the said organization or elsewhere as the President may direct : Provided fur- ther, That all enlisted men received into the service in the volunteer forces shall, as far as practicable, be taken from the several States and Territories and the District of Columbia in proportion to the respective populations thereof: Provided further, That when the raising of a volunteer force shall have been authorized by Congress, and after the organized land militia of any arm or class shall have been called into the military service of the United States, volunteers of that particular arm or class may be raised and accepted into said service in accordance with the terms of this Act regardless of the extent to which other arms or classes of said militia shall have been called into said service. Sec. 3, id. 1 1385. Same subject to laws, regulations, etc., governing Regular Army. That the volunteer forces shall be subject to the laws, orders, and regulations governing the Regular Army in so far as such laws, 1 Under the authority conferred by the acts of April 20, and April 22, 1898, and in pursuance of the declaration of war with the Kingdom of Spain con- tained in the act of April 25, 1898, a call was addressed to the governors of the several States for a force of 125,000 volunteers. (G. O. 30, A. G. O. 1898.) For regulations respecting the enrollment, armament, and equipment of the volunteer forces thus called into the service of the United States, see General Orders 26, 31, 33, and 41, A. G. O. of 1898. Section 6 of the act of April 22, 1898, conferred authority upon the President to organize companies, troops, battalions, or regiments, possessing special qualifications, from the nation at large, not to exceed three thousand men, under such rules and regulations, including the appointment of the officers thereof, as may be prescribed by the Secretary of War. The act of May 11, 1898 (30 Stat. 405), authorized the organization of "a volunteer brigade of MILITARY LAWS OF THE UNITED STATES. 515 orders, and regulations are applicable to officers or enlisted men whose permanent retention in the military service, either on the ac- tive list or on the retired list, is not contemplated by existing law; and no distinction shall be made between the Regular Army, the organized militia while in the military service of the United States, and the volunteer forces in respect to promotion or to the conferring upon officers or enlisted men of brevet rank, medals of honor, cer- tificates of merit, or other rewards for distinguished service, nor in respect to the eligibility of any officer of said Army, militia, or volun- teer forces for service upon any court-martial, court of inquiry, or military commission: Provided, That the organization of all units of the line and of the signal troops of the volunteer forces shall be the same as that prescribed by-law and regulations for the corre- sponding units of the Regular Army : Provided further, That when military conditions so require the President may organize the land forces of the United States into brigades and divisions and such higher units as he may deem necessary, and the composition of units higher than the regiment shall be as he may prescribe: Provided further, That to each regiment of Infantry, Cavalry, and Artillery, and to each battalion of Engineers and Signal Corps troops organ- ized under this Act, there shall be attached the same personnel of the Medical Department as are attached to like organizations of the Regular Army : Provided further, That the organization of the coast defenses, of machine-gun detachments, establishments of the Medical Department, remount depots, military trains, secret-service agencies, military prisons, lines of communication, including their supply depots, and of other adjuncts that may be necessary in the prosecu- tion of war, and the organization of which is not otherwise provided for by law, shall be as the President may from time to time direct. Sec. 4, id. 1386. Same President to appoint officers of. That except as otherwise provided herein the President is authorized, by and with the advice and consent of the Senate, to appoint all volunteer officers required by this Act, but the number and grade of such officers shall not exceed the number and grade of like officers provided for a like engineers from the nation at large, to consist of not more than three regiments and not more than three thousand five hundred men, possessing the special qualifications necessary for engineer troops, under such rules and regulations, including the appointment of the officers thereof, as may be prescribed by the Secretary of War." By the same enactment the organization of ' an additional volunteer force of not exceeding ten thousand enlisted men possessing im- munity from disease incident to tropical climates" was also authorized. The officers of these forces were to be appointed by the President with the advice and consent of the Senate, and they were not apportioned among the States and Territories, as required in section 5 of the act of April 22, 1898. The act of May 18, 1898 (30 Stat. 418), authorized the formation of a volunteer signal corps. This statute contained the requirement that " two-thirds of all officers below the rank of major and a like proportion of the enlisted men shall be skilled electricians or telegraph operators." 516 MILITARY LAWS OF THE UNITED STATES. force of the Regular Army : Provided, That all appointments below the grade of brigadier general in the line of the volunteer forces shall be by commission in an arm of the service and not by commis- sion in any particular regiment ; and officers in each arm of the serv- ice shall be assigned to organizations of that arm, and transferred from one organization to another in that arm, as the interests of the service may require, by orders from the Secretary of War : Provided further, That no officer above the grade of colonel shall be appointed under the provisions of this Act. Sec. 5, id., 31$. 1387. Same staff officers for appointment of. That to provide the staff officers that will be necessary in the various staff corps and departments in time of war or while war is imminent, and that are not otherwise provided for in this Act, the President is authorized to appoint, by and with the advice and consent of the Senate, such number of volunteer staff officers of grades authorized by law for the Regular Army as he may find necessary for such corps and de- partments: Provided, That the total number of such staff officers so appointed, including all such officers of the organized militia called into the military service of the United States, shall not exceed the ratio of one officer to two hundred enlisted men for all militia and volunteer forces called into the military service of the United States : Provided further, That the number of volunteer staff officers appointed in any grade in the various staff corps and departments shall not exceed in any staff corps or department the proportionate strength of regular officers of the corresponding grade as established by law for the corresponding staff corps or department of the Regular Army : Provided further, That the President may appoint, by and with the advice and consent of the Senate, volunteer chap- lains at the rate of one for each regiment of Volunteer Infantry, Cavalry, and Field Artillery, and one for every twelve companies of Volunteer Coast Artillery raised, with rank corresponding to that established by law for chaplains in the Regular Army. Sec. 6, id. 1388. Same officers for may ~be appointed from Regular Army. That in appointing the volunteer officers authorized by this Act the President may select them from the Regular Army, from those duly qualified and registered pursuant to section twenty-three 1 of 1 List of eligibles for commissions. For the purpose of securing a list of persons specially qualified to hold commissions in any volunteer force which may hereafter be called for and organized under the authority of Congress, other than a force composed of organized militia, the Secretary of War is au- thorized from time to time to convene boards of officers at suitable and con- venient army posts in different parts of the United States, who shall examine as to their qualifications for the command of troops or for the performance of staff duties all applicants who shall have served in the Regular Army of the United States, in any of the volunteer forces of the United States, or in the organized militia of any State or Territory or District of Columbia, or who, being a citizen of the United States, shall have attended or pursued a regular MILITARY LAWS OF THE UNITED STATES. 517 the Act of Congress approved January twenty-first, nineteen hun- dred and three, from the country at large, from the organized land militia of the District of Columbia, and, upon the recommendation of the. various governors, from the organized land militia of the several States and Territories in proportion, as far as practicable, to their respective populations, and as far as compatible with the interests of the military service, from the localities from which the troops with which the officers appointed upon said recommendation are to serve shall have been recruited: Provided, That in appoint- ments from the country at large preference shall be given those who shall have had honorable service in the Regular Army, the National Guard, or the volunteer forces, or who shall have been graduated from educational institutions in- which military instruction is com- pulsory : Provided further, That at the same time, not to exceed one Regular Army officer shall hold a volunteer commission in any one battalion of volunteer engineers or signal troops, or in any one bat- i alion of Volunteer Field Artillery ; and not to exceed four Regular Army officers shall, at the same time, hold commissions in any one regiment of Volunteer Cavalry, Field Artillery, or Infantry, or in any twelve companies of Coast Artillery, including their field and staff : And provided further, That Regular Army officers appointed as officers of Volunteers under this Act shall not thereby vacate their course of instruction in any military school or college of the United States Army, or shall have graduated from any educational institution to which an officer of the Army or Navy has been detailed as superintendent or professor pursuant to law after having creditably pursued the course of military in- struction therein provided. Such examinations shall be under rules and reg- ulations prescribed by the Secretary of War, and shall be especially directed to ascertain the practical capacity of the applicant. The record of previous serv- ice of the applicant shall be considered as a part of the examination. Upon the conclusion of each examination the board shall certify to the War Department its judgment as to the fitness of the applicant, stating the office, if any, which it deems him qualified to fill, and, upon approval by the President, the names of the persons certified to be qualified shall be inscribed in a register to be kept in the War Department for that purpose. The persons so certified and reg- istered shall, subject to a physical examination at the time, constitute an eligible class for commissions pursuant to such certificates in any volunteer force hereafter called for and organized under the authority of Congress, other than a force composed of organized militia, and the President may authorize persons from this class, to attend and pursue a regular course of study at any military school or college of the United States other than the Military Academy at West Point and to receive from the annual appropriation for the support of the Army the same allowances and commutations as provided in this Act for officers of the organized militia : Provided, That no person shall be entitled to receive a commission as a second lieutenant after he shall have passed the age of thirty; as first lieutenant after he shallhave passed the age of thirty-five; as captain after he shall have passed the age of forty; as major after he shall have passed the age of forty-five; as lieutenant-colonel after he shall have passed the age of fifty, or as colonel after he shall have passed the age of fifty-five: And provided further, That such appointments shall be distributed proportion- ately as near as may be, among the various States contributing such volunteer force: And provided, That the appointments in this section provided for shall not be deemed to include appointments to any office jn any company, troop, battery, battalion, or regiment of the organized militia which volunteers as a body or the officers of which are appointed by the governor of a State or Territory. Sec. 23, Act of Jan. 21, 1903 (32 Stat. 77.9). 518 MILITARY LAWS OF THE UNITED STATES. Regular Army commissions nor shall they be prejudiced in their relative or lineal standing therein by reason of their service under their volunteer commissions. Sec. 7, id., 349. 1389. Same vacancies in Regular Army caused l>y appointment of officers of in volunteer forces. That the temporary vacancies created in any grade not above that of colonel among the commis- sioned personnel of any arm, staff corps, or department of the Regular Army, through appointments of officers thereof to higher volunteer rank, shall be filled by temporary promotions, according to seniority in rank of officers holding commissions in the next lower grade in said arm, staff corps, or department; and all temporary vacancies created in any grade by temporary promotions shall in like manner be filled from, and thus create temporary vacancies in, the next lower grade; and the vacancies that remain thereafter in said arm, staff corps, or department, that can not be filled by temporary promo- tions, as prescribed in this section, may be filled by the temporary appointment of officers of such number and grade or grades as shall maintain said arm, corps, or department at the full commissioned strength authorized by law: Provided, That in the Staff Corps and departments subject to the provisions of sections twenty-six and twenty-seven of the Act of Congress approved February second, nine- teen hundred and one, and Acts amendatory thereof, temporary vacancies that can not be filled by temporary promotions as herein- before prescribed shall be filled by temporary details made in the manner prescribed in said sections twenty-six and twenty-seven and Acts amendatory thereof, and the resulting temporary vacancies in the branches of the Army from which the details are so made shall be filled as hereinbefore in this section prescribed: Provided, That officers temporarily promoted or appointed under the terms of this section shall be so promoted or appointed by the President, by and with the advice and consent of the Senate, for terms that shall not extend beyond the termination of the war or, if war shall not occur, beyond the passing of the imminence thereof, as defined by the President's proclamation, and upon the expiration of said terms said officers shall be discharged from the positions held by them under their temporary promotions or appointments: Provided fur- ther, That officers temporarily promoted under the provisions of this section shall not vacate their permanent commissions, nor shall they be prejudiced in their lineal or relative standing in the Regular Army under permanent commissions, by reason of their services under temporary commissions authorized by this section. Sec. 8, id. 1390. Same returns and muster rolls of. That all returns and muster rolls of organizations of the volunteer forces and of militia organizations while in the service of the United States shall be rendered to The Adjutant General of the Army, and upon the muster MILITARY LAWS OF THE UNITED STATES. 519 out of such organizations the records pertaining to them shall be transferred to and filed in The Adjutant General's Office. And regi- mental and all other medical officers serving with volunteer troops, or with militia organizations in the service of the United States, in the field or elsewhere, shall keep a daily record of all soldiers reported sick or wounded, as shown by the morning calls or reports, and shall deposit such reports with other reports provided for in this section, in The Adjutant General's Office, as provided for herein for other reports, returns, and muster rolls. Sec. 9, id., 350. 1391- Same recruiting and maintenance of in time of War, etc. That in time of war or while war is imminent all organizations of the land forces in the military service of the United States shall be recruited and maintained as near their prescribed strength as practi- cable. For this purpose the necessary rendezvous and depots shall be established by the Secretary of War for the enlistment and training of all recruits, and in order that officers may be available for re- cruiting duty the President is authorized, by and with the advice and consent of the Senate, to appoint officers of Volunteers of the proper arm of the service, additional to those elsewhere herein authorized, in numbers not to exceed at the rate of one major, four captains, five first lieutenants, and five second lieutenants for each organized regiment of Cavalry, Field Artillery, or Infantry, each three bat- talions of Engineers, or each twelve companies of Coast Artillery; that for purposes of instruction and discipline the troops at recruit depots herein authorized may be organized into companies and bat- talions, at the discretion of the Secretary of War, with noncommis- sioned officers and privates of such grades and numbers as may be prescribed by the President. The recruit rendezvous and recruit depots herein prescribed shall be under the direct control of the Secretary of War, and shall render their reports and returns to The Adjutant General of the Army: Provided, That to maintain the organized land militia organizations in the military service of the United States at their maximum strength the recruiting rendezvous and depots in any State or Territory may, at the request of the governor thereof, enlist and train recruits for the organized land militia organizations in the service of the United States from said State or Territory. Sec. 10, id. 1392. Same organization of recruiting system for. That in the organization of a recruiting system, after Congress shall have author- ized the raising of volunteer forces, the President is authorized to employ retired officers, noncommissioned officers, and privates of the Regular Army, either with their rank on the retired list or, in the case of enlisted men, with increased noncommissioned rank; or he may, by and with the advice and consent of the Senate, appoint and employ retired officers below the grade of colonel, with increased 520 MILITARY LAWS OF THE UNITED STATES. volunteer commissioned rank not to exceed in the case of any officer one grade above that held by him upon the retired list, or retired enlisted men with volunteer commissioned rank not above the grade of first lieutenant: Provided, That retired officers and enlisted men while thus employed shall not be eligible for transfer to the field units, but shall receive the full pay and allowances of the respective grades in which they are serving, whether volunteer or regular, in lieu of their retired pay and allowances: Provided further, That upon the termination of the duty or, in case of those given volunteer rank, upon muster out as volunteers said retired officers and enlisted men shall revert to their retired status. Sec. 11, id. 1393. Same assignment and transfer of officers of. That, ex- cept as otherwise specifically prescribed by law, all officers provided for in this act shall be subject to such assignments of duty and such transfers as the President may direct: Provided, That medical officers of Volunteers when detailed as consulting surgeons shall not exercise command over the hospitals to which they may be assigned for duty, except that by virtue of their commissions they may com- mand all enlisted men: Provided further, That medical inspectors shall be detailed for duty with each army, field army, or army corps, and division, and for the base and lines of communications, and that no officer shall be detailed for duty as a medical inspector except he be experienced in military sanitation. Sec. 1*2, id., 351. 1394. Same pay, allowances and pensionable status of. That all officers and enlisted men of the volunteer forces shall be in all respects on the same footing as to pay, allowances, and pensions as officers and enlisted men of corresponding grades in the Regular Army. Sec. IS, id. 1395. Same repeal of all laws in conflict with. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. Sec. 1^ id. CHAPTER XXXIII. INDIANS INDIAN AGENTS INDIAN COUNTEY. Par. Indian agents 1396-1402 Detail of Army officers 1396 Same 1397 Compensation for extra services 1395 Army officer to witness issue . . 1399 Removal of unauthorized set- tlers 1400 Sale of cattle, etc., of Indians. . 1401 Penalty for removing cattle 1402 Introducing liquor into Indian country sales to Indians . . . 1403-1408 Penalty for sales, etc 1403 Same 1404 Wines for sacramental purposes . 1405 Par. Introducing liquor into Indian country sales to Indians Con. Search for concealed liquors 1406 Distilleries 1407 Prosecution of officer, soldier, etc 1408 Miscellaneous provisions 1409-1413 Removal of persons from Indian country 1409 Apprehension by military force . 1410 Limit of detention 1411 Arrest of Indians 1412 Prohibition of permits to Indians to go into Texas 1413 INDIAN AGENTS. 1396. Detail of Army officers. The President may require any military officer of the United States to execute the duties of an Indian agent; and when such duties are required of any military officer, he shall perform the same without any other compensation than his actual traveling expenses. 1 Sec. 206%, R. S. 1397. Same. Hereafter the President may detail officers of the United States Army to act as Indian agents at such agencies as, in the opinion of the President, may require the presence of any army officer, and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior. 2 Act of July 1, 1898 (30 Stat. 573). 1398. Compensation for extra services. No compensation beyond their actual expenses for extra services shall be allowed any Indian 1 Officers of the Army acting as Indian agents at places where there are suit- able quarters provided by the Government are not entitled to commutation of quarters. (4 Comp. Dec., 212; 3 id., 223.) "The acts of July 1, 1898 (30 Stat 573), March 2, 1899 (id., 926), and May 31, 1900 (31 id., 224), have contained the requirement that the sums appropriated for compensation of Indian agents " shall not take effect or become available in any case for or during the time in which any officer of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies " named therein. 521 522 MILITARY LAWS OF THE UNITED STATES. agent or subagent for services when doing duty under the order of the Government, detached from their agency and the boundary of the tribe to which they are agents or subagents. Sec. 063, R. S. 1399. Army officer to witness issues. The superintendent, agent, or subagent, together with such military officer as the President may direct, shall be present and certify to the delivery of all goods and money required to be paid or delivered to the Indians. 1 Sec. 2088. R.S. 1400. Removal of unauthorized settlers. Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands. 2 Sec. 2118, R. S. 1401. Sale of cattle, etc., of Indians. The agent of each tribe of Indians, lawfully residing in the Indian country, 3 is authorized to sell for the benefit of such Indians any cattle, horses, or other live stock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the *An officer of the Army who, under proper authority, witnesses and certifies to the issue* of annuity goods to Indians is entitled to actual traveling expenses, but not to mileage, while traveling in the performance of such duty, such ex- penses to be paid from the proper Indian approprir.tion. (5 Comp. Dec., 982.) a Worcester v. Georgia, 6 Peters, 515 ; Clark v. Smith, 13 id., 195 ; Lattimer v. Poteet, 4 McLean, 82. 3 The term " Indian country " contained in section 1 of the act of June 30, 1834 (4 Stat. 79), though not incorporated in the Revised Statutes, and though repealed simultaneously with their enactment, may be referred to in order to determine what is meant by the term when used in statutes; and it applies to all the country to which the Indian title has not been extinguished within the limits of the United States, whether within a reservation or not, and whether acquired before or since the passage of that act. (Ex parte Crow Dog, 109 U. S., 556; Bates v. Clark, 95 U. S., 204. See also, as to the status of the Indian Territory, Cook v. U. S., 138 U. S., 157.) Held (October, 1877) that the term "Indian country," as employed in the statutes regulating trade and intercourse with the Indians (see, particularly, ch. 4, title 28, Rev. Stat.), might properly be defined in general as includ- ing the following territory, viz: Indian reservations occupied by Indian tribes; other districts so occupied to which the Indian title has not been ex- tinguished ; any districts not in other respects Indian country over which the operation of those statutes may be extended by treaty or act of Congress. (Dig. J. A. G., 673, III A. See this opinion as adopted and incorporated in G. O. 97, Headquarters of Army, 1877; also, in the same connection, 14 Opins. Atty. Gen., 290; U. S. v. Forty-three Gallons of Whisky, 3 Otto, 188; Bates v. Clark, 5 id., 204 ; U. S. v. Seveloff, 2 Sawyer, 311. That, in view of the act of March 3, 1873, extending to it certain provisions of the act of June 30, 1834, the Ter- ritory of Alaska is " Indian country," so far as concerns the introduction and disposition of spirituous liquor, and that persons violating such provisions may therefore be arrested by military force, see In re Carr, 3 Sawyer, 316; also citation from same case in note to Alaska, sec. 2, and 14 Opins. Atty. Gen., 327; Patchen v. U. S., 11 Fed. Rep., 47; U. S. v. Forty-three Cases of Cognac Brandy, 14 id., 539.) MILITARY LAWS OF THE UNITED STATES. 523 Secretary of the Interior. But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Sec- retary of War connected with the movement or subsistence of troops. Sec. 2127, R. S. 1402. Penalty for removing cattle. Every person who drives or removes, except by authority of an order lawfully issued by the Sec- retary of War, connected with the movement or subsistence of troops, any cattle, horses, or other stock from the Indian country for the purposes of trade or commerce, shall be punishable by im- prisonment for not more than three years, or by a fine of not more than five thousand dollars, or both. Sec. 2138, R. S. INTRODUCING LIQUOR INTO THE INDIAN COUNTRY SALES TO INDIANS. 1403. Penalty for sales, etc. No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any Indian superintendent or agent, or introduces or attempts to introduce any ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprison- ment for not more than two years and by fine of not more than three hundred dollars for each offense. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority in writing from the War Department, or any officer duly authorized thereunto by the War Department. All complaints for the arrest of any person or persons made for violation of any of the provisions of this act shall be made in the county where the offense shall have been com- mitted, or if committed upon or within any reservation not included in any county, then in any county adjoining such reservation, and if in the Indian Territory, before the United States court commissioner or commissioner of the circuit court of the United States residing nearest the place where the offense was committed who is not for any reason disqualified ; but in all cases such arrests shall be made before any United States court commissioner residing in such adjoining county or before any magistrate or judicial officer authorized by the laws of the State in which such reservation is located to issue war- rants for the arrest and examination of offenders by section ten hundred and fourteen of the Revised Statutes of the United States. And all persons so arrested shall, unless discharged upon examina- tion, be held to answer and stand trial before the court of the United 524 MILITARY LAWS OF THE UNITED STATES. States having jurisdiction of the offense. 1 Sec. $139, R. $., as amended ~by Act of July 23, 1892 (27 Stat. 260). 1404. Same. Any person who shall sell, give away, dispose of, exchange, or barter any malt, spirituous, or vinous liquors, includ- ing beer, ale and wine, or any ardent or other intoxicating liquor of any kind whatsoever, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian a ward of the Government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through any of its departments, exercise guardianship, and any per- *The title to the act of July 23, 1892, reads: "An act to amend sections twenty-one hundred and thirty-nine, twenty-one hundred and forty, and twenty- one hundred and forty-one of the Revised Statutes touching the sale of intoxi- cants in the Indian country, and for other purposes," yet the enacting clause of the act reads : "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-one hundred and thirty-nine of the Revised Statutes be amended and reenacted so as to read as follows : ' Section 2130. * * * " Then follows the act as set forth in the above paragraph. It is clear the amendment applies only to those parts of the two sections that are inconsistent with the new section. The object of the amendment was to make the prohibition include malt liquors, and to clearly define the person or tribunal to whom com- plaint should be made. The action directed in sections 2140 and 2141 as to the seizure and destroying of liquor remains unaffected by the amendment. These sections are given in paragraphs 1405 and 1406, post. As to the meaning of the term Indian country, see Dig. Op. J. A. G., 673 III A. A stock of liquors is not introduced into the Indian country by being trans- ported across an Indian reservation to a place where it may be lawfully sold and is not subject to seizure while in transit nor after its arrival at its place of des- tination. (U. S. v. Four Bottles of Sour Mash Whisky, 90 Fed. Rep., 720.) The disposition of spiritous liquors to an Indian under the charge of an Indian agent, who has abandoned his nomadic life and tribal relations and adopted the habits and manners of civilized people, violates section 2139 of the Revised Statutes. (U. S. v. Osborn, 52 Fed. Rep., 58.) Section 2139 of the Revised Statutes provides that every person who disposes of spirituous liquors to any Indian under the charge of any Indian superintend- ent or agent shall be punished, etc. Held, that an Indian of the Nez Perces Tribe, a soldier in the United States Army, is within the meaning of the statute. (U. S. v. Hurshman, 53 Fed. Rep., 543.) It is no defense to a prosecution under section 2139 for introducing spirituous liquors into the Indian country that the United States has licensed the traffic in such liquors therein. (U. S. v. Ellis, 51 id., 808.) As section 2139 of the Revised Statutes, previous to the amendment of July 23, 1892, made punishable the introduction into the Indian country of " spirituous liquor or wine" only, it did not include lager beer, that being a malt liquor made by fermentation. (In re McDonough, 49 id., 360; U. S. v. Ellis, 51 id., 808, reversed in Sarlis v. U. S., 152 U. S., 570.) As to the law regarding the introduction of liquor into that part of the Indian country embraced within the limits of the State of Oklahoma, see the Oklahoma enabling act (34 Stat. 267), and the decision of the Supreme Court of the United States in Ex parte Webb (225 U. S., 663). See also the act of March 1, 1913 (37 Stat. 699), prohibiting the shipment or transportation of intoxicating liquor into a State with intent to use the same in any manner in violation of any law of such State. MILITAKY LAWS OF THE UNITED STATES. 525 son who shall introduce or attempt to introduce any malt, spiritu- ous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be punished by imprisonment for not less than sixty days, and by a fine of not less than one hundred dollars for the first offense and not less than two hundred dollars for each offense thereafter: Provided, however, that the person convicted shall be committed until fine and costs are paid. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or -intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Department or any officer duly authorized thereto by the War Department. SEC. 2. So much of the act of the twenty-third of July, eighteen hundred and ninety-two, as is inconsistent with the provisions of this act is hereby repealed. 1 Act of Jan. 30, 1897 (29 Stat. 506). 1405. Wines for sacramental purposes. Hereafter it shall not be unlawful to introduce and use wines solely for sacramental pur- poses, under church authority, at any place within the Indian coun- try or any Indian reservation, including the Pueblo Reservations in New Mexico: Provided also, That the powers conferred by section seven hundred 'and eighty-eight of the Revised Statutes upon mar- shals and their deputies are hereby conferred upon the chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose ap- pointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior. Act of Aug. &, 1912 (37 Stat. 519). 1406. Search for concealed liquors. If any superintendent of In- dian affairs, Indian agent, or subagent, or commanding officer of any military post has reason to suspect or is informed that any white person or Indian is about to introduce or has introduced any spirit- uous liquor or wine into the Indian country in violation of law, such superintendent, agent, subagent, or commanding officer may cause the boats, stores, packages, wagons, sleds, and places of deposit of such person to be searched ; and if any such liquor is found therein, the same, together with the boats, teams, wagons, and sleds used in conveying the same, and also the goods, packages, and peltries of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, 1 See Dig. Op. J. A. G., 672 II F to 675 IV, edition, 1912. 526 MILITARY LAWS OF THE UNITED STATES. one-half to the informer and the other half to the use of the United States; and if such person be a trader his license shall be revoked and his bond put in suit. It shall, moreover, be the duty of any person in the service of the United States or of any Indian to take and destroy any ardent spirits or wine found in the Indian country, except such as may be introduced therein by the War Department. In all cases arising under this and the preceding section Indians shall be competent witnesses. Sec. 2140, R. S. 1407. Distilleries. Every person who shall, within the Indian country, set up or continue any distillery for manufacturing ardent spirits, shall be liable to a penalty of one thousand dollars ; and the superintendent of Indian Affairs, Indian agent, or subagent, within the limits of whose agency any distillery of ardent spirits is set up or continued, shall forthwith destroy and break up the same. v Sec. 2141, R. S. 1408. Prosecution of officer, soldier, etc. No part of section twenty- one hundred and thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler or storekeeper, attache, or employee of the Army of the United States who shall barter, donate, or furnish in any manner whatsoever liquors, wines, beer, or any intoxicating beverage whatsoever to any Indian. 1 Act of July 4, 1884 (& Stat. 94). MISCELLANEOUS PROVISIONS. 1409. Removal of persons from Indian country. The superintend- ent of Indian affairs, and the Indian agents and subagents, shall have authority to remove from the Indian country all persons found therein contrary to law ; and the President is authorized to direct the military force to be employed in such removal. 2 Sec. 2147, R. S. 1 The act of July 4, 1884, declaring that section 2139 of the Revised Statutes shall not be a bar to the prosecution of any officer, soldier, or employee of the United States who shall " furnish liquors, wines, beer, or any intoxicating beverage to " any Indian is not a legislative construction of such section. ( In re McDonough, 49 Fed. Rep., 360.) 'Under the Constitution, the acts of Congress, and the regulations adopted by the Indian Department, the power of the Commissioner of Indian Affairs and the agent acting under him and by his direction in removing anyone not a mem- ber of an Indian tribe is a matter intrusted to the discretion of the commis- sioner, and is not reviewable. (Adams v. Freeman, 50 Pac. Rep., 135.) An order from a State court restraining an Indian agent from ousting tres- passers from an Indian reservation should be disregarded as without jurisdic- tion. (20 Opin. Atty. Gen., 245.) An Indian agent has no authority forcibly to eject persons from land not within an Indian reservation, although it is inclosed in allotments made to Indians in fulfillment of a treaty stipulation, and may be restrained by injunc- tion from so ejecting one who, before such allotment, entered the land as a homestead and made valuable improvements thereon. (La Chapelle v. Bubb, 2 Fed. Rep., 545.) MILITARY LAWS OF THE UNITED STATES. 527 1410. Apprehension by military force. The military forces of the United States may be employed in such manner and under such regu- lations as the President may direct First. In the apprehension of every person who may be in the Indian country in violation of law; and in conveying him imme- diately from the Indian country, by the nearest convenient and safe route, to the civil authority of the Territory or judicial district in which such person shall be found, to be proceeded against in due course of law ; Second. In the examination and seizure of stores, packages, and boats, authorized by law; Third. In preventing the introduction of persons and property into the Indian country contrary to law ; which persons and property shall be proceeded against according to law; Fourth. And also in destroying and breaking up any distillery for manufacturing ardent spirits set up or continued within the Indian country. 1 Sec. %150, R. S. 1411. Limit of detention. No person apprehended by military force under the preceding section shall be detained longer than five days after arrest and before removal. All officers and soldiers who may have any such person in custody shall treat him with all the humanity which the circumstances will permit. 2 Sec. 2151, R. S. 1 There is not in the treaties with the Indians of the Indian Territory, or sec- tions 2147, 2150, 2152, Revised Statutes, any express authority vested in the President to use the Army in such Territory for the apprehension of local rob- bers or thieves, etc., or for the protection of corporations or individuals from such robbers or other outlaws, except in so far as such offenders may be persons who are in, or are attempting to enter the Indian country " contrary to law," or are Indians charged with crime. (Sec. 2152, R. g.) In these cases they could be apprehended by the military forces, but only by virtue of and con- formably to the statutes cited, and not (unless they be Indians) because they are train robbers or other offenders against the local peace or laws. (Dig. J. A. G. 100, C.) The troops of the United States can not be employed in the Indian Territory for the purpose of assisting in the preservation of the peace and the arrest of bandits and outlaws unless they are trespassing upon Indian country, or ab- sconding offenders within the provisions of section 2152 of the Revised Statutes. (21 Opin. Att. Gen., 72.) Whatever may be the rule in time of war and in the presence of actual hos- tilities, military officers can no more protect themselves than civilians for actual wrongs committed in time of peace under orders emanating from a source which is itself without authority in the premises. Hence a military officer seizing liquors supposed to be in Indian country when they are not is liable to an action as a trespasser. (Bates v. Clark, 95 U. S., 204.) Officers of the Army making arrests under section 23 of the act of June 30, 1834 (4 Stat. 732; sec. 2150, R. S.), act as officers of civil law. To justify such arrests there must be strong probable cause. (In re Carr, 3 Sawyer, 316.) 2 But note that, in view of the provisions of section 2151, Revised Statutes, an officer of the Army who detains a person arrested under section 2150 longer than five days before "conveying him to the civil authority," or subjects him when in arrest to unreasonably harsh treatment, renders himself liable to an action in damages for false imprisonment. (In re Carr, 3 Sawyer, 316; Waters v. Campbell, 5 id., 17.) 528 MILITARY LAWS OF THE UNITED STATES. 1412. Arrest of Indians. The superintendents, agents, and sub- agents shall endeavor to procure the arrest and trial of all Indians accused of committing any crime, offense, or misdemeanor, and of all other persons who may have committed crimes or offenses within any State or Territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may authorize. The President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes. 1 Sec. 215%, R. S. 1413. Prohibition of permits to Indians to go into Texas. All offi- cers and agents of the Army and Indian Bureaus are prohibited, except in a case specially directed by the President, from granting permission in writing or otherwise to any Indian or Indians on any reservation to go into the State of Texas under any pretext what- ever; and any officer or agent of the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service. And the Secretary of the Interior is hereby directed and required to take at once such other reasonable measures as may be necessary in connection with said prohibition to prevent said Indians from enter- ing said State. Sec. 4, Act of May 11, 1880 (21 Stat. 1 Held that in the execution of process of arrest under the act of March 3, 1885 (rendering Indians amenable to the criminal laws of the Territories), the military may, by direction of the President, legally be employed to aid the civil officials in such arrests, such employment being expressly authorized by section 2152, Revised Statutes. (Dig. J. A. G., 100, C.) CHAJPTER XXXIV. THE EMPLOYMENT OF MILITAEY FORCE. Par. Insurrection and invasion 1414-1419 Republican form of govern- ment 1414 Power of Congress over militia. 1415 Insurrection against a State 1416 Insurrection against the Gov- ernment of the United States . 1417. Power to suppress insurrection. 1418 Proclamation to insurgents to disperse 1419 Suspension of intercourse 1420-1441 Suspension of commercial in- tercourse 1420 In loyal States 1421 To whom prohibition shall ex- tend 1422 To what extent permitted 1423 Appointment and compensa- tion of officers 1424 Trading without a license 1425 Investigations to detect fraud . . 1426 Confiscation of property 1427 Proceedings, where had 1428 Property taken on inland waters 1429 How proceedings shall be in- stituted 1430 Prohibition upon transporta- tion of goods 1431 Prohibition upon trade in cap- tured or abandoned prop- erty 1432 Change of port of entry 1433 Removal of customhouse 1434 Enforcement of preceding sec- tion 1435 Entire district closed to entry. . 1436 Vessels in addition to revenue cutters 1437 Forfeiture of vessels 1438 Refusal of clearance 1439 Bond upon clearance 1440 Liens upon condemned vessels. 1441 Civil rights. 1442-1456 48985 15 34 Par. Civil rights Continued. Equal rights under the law 1442 Right of citizens as to real and personal property 1443 Civil action for deprivation of right 1444 Conspiracy 1445 Action for neglect to prevent conspiracy 1446 District attorney, etc., to prose- cute 1447 Commissioners 1448 Same power to appoint per- sons to execute warrants 1449 Marshals to obey precepts 1450 Fees 1451 Of persons appointed to exe- cute process , 1452 Speedy trial 1453 Aid of the military and naval forces 1454 Peonage abolished 1455 How enforced in New Mexico.. 1456 The elective franchise 1457-1461 Presence of troops at elections . 1457 Preventing voting 1458 Attempt to fix qualification of electors 1459 Interference with an officer of election 1460 Penalty 1461 Quarantine 1462-1464 State health laws 1462 National quarantine 1463 Same 1464 Obstructing the mails 1465 Parades, etc., to have right of way. . 1466 Neutrality 1467-1475 Accepting commissions 1467 Enlistments 1468 Fitting out vessel 1469 Augmenting force of vessel 1470 Military expedition or enter- prise 1471. 529 530 MILITARY LAWS OF THE UNITED STATES. Par. Neutrality Continued. Use of military force 1472 Same 1473 Citizens of a foreign state 1474 President empowered to issue proclamation 1475 Par. Extradition 1476 Alaska 1477 Hawaiian Islands 1478 Guano Islands 1479 Restriction upon the use of military force... . 1480 INSURRECTION AND INVASION. 1414. Republican form of government. The United States shall guarantee to every State in this Union a republican form of gov- ernment, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legis- lature can not be convened), against domestic violence. 1 Constitu- tion of the United States, Article IV, section 4- 1415. Power of Congress over militia. The Congress shall have power * * * To provide for calling forth the militia to execute the laws of the Union, to suppress insurrections, and repel invasions. 2 Constitution of the United States, Article I, section 8, paragraph 15. 1416. Insurrection against a State? In case of an insurrection in any State against the government thereof, it shall be lawful for the President, on application of the legislature of such State, or of the executive, when the legislature can not be convened, to call forth such number of the militia of any other State or States, which may be ap- plied for, as he deems sufficient to suppress such insurrection; or, on like application, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary. 4 Sec. 5297, R. S. 1 Luther v. Borden, 7 How., 1; Texas v. White, 7 Wall., 700; in re Duncan, 139 U. S., 449; Taylor et al. v. Beckhain (No. 1), 178 U. S., 548; South Carolina v. United States, 199 U. S., 437; Elder v. Colorado ex rel. Badgley, 204 U. S., 85 ; Pacific States Telephone Co. v. Oregon, 223 U. S., 118 ; Kiernan v. Portland, 223 U. S., 151. See also Winthrop, Military Law and Precedents, pp. 1347- 1349. 2 For enactments of Congress in pursuance of the authority above conferred see the chapter entitled The Militia. See also subsequent paragraphs of this chapter. "This paragraph and those following to include give Sections 5297 to 5322, inclusive, of the Revised Statutes. These sections constitute Title 49, Insur- rection, of the Revised Statutes. See Winhtrop, Military Law and Precedents, pp. 1349-1351. 4 Under article 4, section 4, of the Constitution, the Army may be employed to protect a State from " invasion " or " domestic violence " only by order of the President, made " on application of the legislature, or of the executive when the legislature can not be convened." A military commander, of whatever rank or command, can have no authority, except by the order thus made of the Presi- dent, to furnish troops to a governor or other functionary of a State, to aid him in making arrests or establishing law and order. (Dig. Opin. J. A. G., p. 99, II, A.) The proviso of the Constitution, " when the legislature can not be convened," may be said to mean when it is not in session, or can not, by the State law, be assembled forthwith or in time to provide for the emergency. When it is in MILITARY LAWS OF THE UNITED STATES. 531 1417. Insurrection against the Government of the United States. Whenever, by reason of unlawful obstructions, combinations, or as- semblages of persons, or rebellion against the authority of the Gov- ernment of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, it shall be lawful for the President to' call forth the militia of any or all the States, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion,* in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execu- tion thereof forcibly obstructed. 1 -Sec. 5%98, R. S. session, or can legally and at once be called together, it will not be lawful for the President to employ the Army on the application merely of the governor. (Id., p. 99, II, A, 1.) Where calls are made upon the President, under section 4, article 4, of the Constitution, by two persons, each claiming to be governor of the same State; to protect the State against domestic violence, it of necessity devolves upon the President to determine, before giving the required aid, which of such persons is the lawful incumbent of the office. (XIV Opin. Att. Gen v 391; VII id., 8; Prize Cases, 2 Black, 97; Dodge v. Woolsey, 18 Howard, 373; Ex parte Milligan, 4 Wallace, 129.) A military force employed according to article 4, section 4, of the Constitu- tion, is to remain under the direction and orders of the President as Commander in Chief and his military subordinates; it can not be placed under the direct orders or exclusive disposition of the governor of the State. (Dig. Opin. J. A. G., p. 101, II, E.) In all cases of civil disorders or domestic violence it is the duty of the Army to preserve an attitude of indifference and inaction till ordered to act by the President, by the authority of the Constitution or of section 2150, 5297, or 5298, Revised Statutes, or other public statute. An officer or soldier may, indeed, in- terfere to arrest a person in the act of committing a crime, or to prevent a breach of the peace in his presence, but this he does as a citizen and not in his military capacity. Any combined effort by the military, as such, to make arrests or otherwise prevent breaches of the peace or violations of law in civil cases, except by the order of the President or the requirement of a United States official authorized to require their services on a posse comitatus, must necessarily be illegal. In a case of civil disturbance in violation of the laws of a State, a military commander can not volunteer to intervene with his command without incurring a personal responsibility for his acts. In the absence of the requisite orders he may not even march or array his command for the pur- pose of exerting a moral effect or any effect in terrorem; such a demonstration, indeed, could only compromise the authority of the United States, while insult- ing the sovereignty of the State. (Id., p. 101, II, D.) See also Army Regulations, article 47, for instructions as to the use of the military force in support of the civil authority. 1 The National Government has the right to use physical force in any part of the United States to compel obedience to its laws, and to carry into execution the powers conferred upon it by the Constitution. " We hold it to be an in- controvertible principle that the Government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it." (Ex parte Siebold, 100 U. S., 371, 395; U. S. v. Neagle, 135 U. S., 1, 60; Logan v. U. S., 144 U. S., 263, 294; in re Waite, 81 Fed. Rep., 359; U. S. v. Debs, 164 U. S., 724; U. S. v. Cassidy, 67 Fed. Rep., 698.) An officer who, in the performance of what he conceives to be his official duties, transcends his authority, and invades private rights, is answerable therefor to the Government under whose appointment he acts, and to individuals 532 MILITARY LAWS OF THE UNITED STATES. 1418. Power to suppress insurrection. Whenever insurrection, domestic violence, unlawful combinations, or conspiracies in any State so obstructs or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or pro- tection, named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the con- stituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insur- rection, violence, unlawful combination or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary, for the suppression of such insurrection, domestic violence, or combinations. 1 Sec. 5299, R. 8. 1419. Proclamation to insurgents to disperse. Whenever, in the judgment of the President, it becomes necessary to use the military forces under this title, the President shall forthwith, by proclama- tion, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time. 2 Sec. 5300, R. S. injured by his action ; but where there is no criminal intent, he is not liable to answer the criminal process of another Government. (In re Lewis, 83 Fed. Rep., 159; in re Fair et al. 100, id., 149.) An officer of the Army of the United States whilst serving in the enemy's country during the rebellion was not liable to an action in the courts of that country for injuries resulting from his military orders or acts; nor could he be required by a civil tribunal to justify or explain thorn upon any allegation of the injured party that they were not justified by military necessity. He was subject to the laws of war, and amenable only to his own Government. (Dorr v. Johnson, 100 U. S., 158; Luther v. Borden, 7 Howard, 1, 46.) As a necessary incident of the power to declare and prosecute war, the Federal Government has a right to transport troops through and over the ter- ritory of any State of the Union. (Crandall v. Nevada, 6 Wall., 35. See also XVI Opin. Att. Gen., 162; XVII id., 242, 333; XIX id., 293, and note to par. 1418, post.) 1 The power to enforce its laws and to execute its functions in all places does not derogate from the power of the State to execute its laws at the same time and in the same places. The one does not exclude the other except where both can not be executed at the same time. In that case the words of the Constitu- tion itself show which is to yield ; " this Constitution and the laws of the United States which shall be made in pursuance thereof; * * * shall be the supreme law of the land.' ; Although no State could establish and maintain a permanent military govern- ment, yet it may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The State must determine for itself what degree of force the crisis demands. (Luther v. Borden, 7 How., 1. See also XVI Opin. Att. Gen., 162. (See also note 2 to par. 1416, ante.) 2 See XVII Opin. Att. Gen., 333. Section 2 of the act of May 4, 1880 (21 Stat. 113), contained the requirement " that no money appropriated in this act is ap- MILITARY LAWS OF THE UNITED STATES. 533 SUSPENSION OF INTERCOURSE. 1420. Suspension of commercial intercourse. Whenever the Presi- dent, in pursuance of the provisions of this Title, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the per- sons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or when- ever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhab- itants of such State, or of any section or part thereof where such in- surrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue ; and all goods and chattels, wares and mer- chandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States. 1 Sec. 5301, R. S. 1421. In loyal States. Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dan- gerous proximity to places under their control, all commercial inter- course therein and therewith shall be subject to the prohibitions and conditions of the preceding section for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President. Sec. 5302, R. S. 1422. To whom prohibition shall extend. The provisions of this Title in relation to commercial intercourse shall apply to all commer- cial intercourse by and between persons residing or being within dis- propriated or shall be paid for the subsistence, equipment, transportation, or compensation of any portion of the Army of the United States to be used as a police force to keep the peace at the polls at any election held within any State : Provided, That nothing in this provision shall be construed to prevent the use of troops to protect against domestic violence in each of the States on applica- tion of the legislature thereof or of the executive when the legislature can not be convened." 1 See The Reform, 2 Wall., 258 ; id., 3 Wall., 617 ; U. S. v. Weed, 5 Wall., 62 ; The Hampton, 5 Wall., 372; The Ouachita Cotton, 6 Wall., 521; The Venice, 2 Wall., 258 ; Cutner v. U. S., 17 Wall., 517. 534 MILITARY LAWS OF THE UNITED STATES. tricts within the lines of national military occupation in the States or parts of States declared in insurrection, whether Avith each other or with persons residing or being within districts declared in insur- rection and not within those lines ; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection. Sec. 5303, R. S. 1423. To what extent permitted. The President may, in his dis- cretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supply- ing the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freed- men, or others employed and paid by them, pursuant to rules re- lating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been pre- viously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer desig- nated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest ; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. 1 Sec. 5304, R.S. 1424. Appointment and compensation of officers. The Secretary of the Treasury may appoint such officers at places where officers of the customs are not now authorized by law as may be needed to carry into effect such licenses, rules, and regulations. In all cases where officers of the customs, or other salaried officers, are appointed by him to carry into effect such licenses, rules, and regulations, such officer shall be entitled to receive one thousand dollars a year for his services, in addition to his salary or compensation under any other ^ee The Sea Lion, 5 Wall., 630; The Ouachita Cotton, 6 Wall., 521; Coppell v. Hall, 7 Wall., 542 ; McKee v. U. S., 8 Wall., 163 ; U. S. v. Lane, 8 Wall., 185. As to intercourse with occupied territory, see chapter 12, Military Government and Martial Law, Birkhimer. MILITARY LAWS OF THE UNITED STATES. 535 law. But the aggregate compensation of any such officer shall not exceed the sum of five thousand dollars in any one year. Sec. 6305. R.S. 1425. Trading without license, etc. Every officer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other person, who takes or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into sucK State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in this title, or who makes any false statement or representation upon which license and authority is granted for such transportation, sale, or other disposition, or who, undeivany license or authority obtained, willfully and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or who willfully and knowingly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keep- ing false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dollars, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable be- fore any court, civil or military, competent to try the same. Sec. 5306, R. S. 1426. Investigations to detect frauds. It shall be the duty of the Secretary of the Treasury, from time to time, to institute such inves- tigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and of States in insurrection. And the agents making such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath. Sec. 5307, R. S. 1427. Confiscation of property employed in aid of insurrection. Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclama- tion that the laws of the United States are opposed, and the execu- tion thereof obstructed, by combinations too powerful to be sup- pressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attor- ney, or employe, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the 536 MILITARY LAWS OF THE UNITED STATES. same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein ; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wher- ever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned. 1 Sec. 5308, R. S. 1428. Proceedings, where had. Such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same [may] be seized, or into which they may be taken and pro- ceedings first instituted. ' Sec. 5309, R. S. 1429. Property taken on inland waters. No property seized or taken upon any of the inland waters of the United States by the naval forces thereof shall be regarded as maritime prize; but all property so seized or taken shall be promptly delivered to the proper officers of the courts. Sec. 5310, R. S. 1430. How proceedings shall ~be instituted. The Attorney- General, or the attorney of the United States for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. 2 Sec. 5311, R.S. 1431. Prohibition upon transportation of goods to aid insurrec- tion. The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turn- pike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to be- lieve that such property is intended for any place in the possession or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is fur- ther authorized, in all cases where he deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this sec- 1 See Mrs. Alexander's Cotton, 2 Wall., 404 ; Union Ins. Co. v. U. S., 6 Wall., 759 ; Armstrong's Foundry, 6 Wall., 766 ; Morris's Cotton, 8 Wall., 507 ; U. S. v. Shares of Capital Stock, 5 Blatch., 231. 8 See Francis v. U. S., 5 Wall., 338 ; Confiscation Cases, 7 Wall., 454 ; Miller v. U. S., 11 Wall., 268 ; Tyler v. Defrees, 11 Wall., 331. MILITARY LAWS OP THE UNITED STATES. 537 tion; and if any property is transported in violation of this act, or of any regulation of the Secretary of the. Treasury, established in pursuance thereof, or if any attempt shall be made so to trans- port any, it shall be forfeited. 1 Sec. 5312, R. S. 1432. Prohibition upon trade in captured or abandoned property. All persons in the military or naval service of the United States are prohibited from- buying or selling, trading, or in any way deal- ing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his pos- session or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this Title, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dollars, and imprisoned in the panitentiary not more than three years. Violations of this section shall be cognizable be- fore any court, civil or military, competent to try the same. Sec. 5313, R. S. 1433. Change of port of entry in case of insurrection. Whenever the President shall deem it impracticable, by reason of unlawful com- binations of persons in opposition to the laws of the United States, to collect the duties on imports in the ordinary way, at any port of entry in any collection district, he may cause such duties to be col- lected at any port of delivery in the district until such obstruction ceases ; in such case the surveyor at such port of delivery shall have the powers and be subject to all the obligations of a collector at a port of entry. The Secretary of the Treasury, with the approval of the President, shall also appoint such weighers, gaugers, measurers, inspectors, appraisers, and clerks as he may deem necessary, for the faithful execution of the revenue laws at such port of delivery, and shall establish the limits within which such port of delivery is con- stituted a port of entry. And all the provisions of law regulating the issue of marine papers, the coasting trade, the warehousing of imports, and the collection of duties, shall apply to the ports of entry thus constituted, in the same manner as they do to ports of entry* established by law. Sec. 6314, R. S. 1434. Removal of custom-house. Whenever, at any port of entry, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, or by the course provided in the pre- ceding section, by reason of the cause mentioned therein, he may 1 See Gay's Gold, 13 Wall., 358. 538 MILITARY LAWS OF THE UNITED STATES. direct that the custom-house for the district be established in any secure place within the district, either on land or on board any vessel in the district, or at sea near the coast ; and in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstruc- tions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable. Sec. 5315, R. S. 1435. Enforcement of preceding sections. It shall be unlawful to take any vessel or cargo detained under the preceding section from the custody of the proper officers of the customs, unless by process of some court of the United States ; and in case of any attempt other- wise to take such vessel or cargo .by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof. Sec. 5316, R. S. 1436. Entire district closed to entry. Whenever, in any collection district, the duties on imports can not, in the judgment of the Presi- dent, be collected in the ordinary way, nor in the manner provided by the three preceding sections, by reason of the cause mentioned in sec- tion fifty-three hundred and fourteen [Rev. Stat.], 1 the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall cease and be discontinued at such port so closed until it is opened by the order of the President on the cessation of such obstruc- tions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited. Sec. 5317, R. S. 1 Paragraph 1433, ante. MILITARY LAWS OF THE UNITED STATES. 539 1437. Vessels in addition to revenue cutters may be employed. In the execution of laws providing for the collection of duties on imports and tonnage, the President, in addition to the revenue cutters in serv- ice, may employ in aid thereof such other suitable vessels as may, in his judgment, be required. Sec. 5318, R. S. 1438. Forfeiture of vessels belonging to citizens of insurrectionary States. From and after fifteen days after the issuing of the procla- mation, as provided in section fifty-three hundred and one [Kev. Stat.], 1 any vessel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited. 2 Sec. 5319, R. S. 1439. Refusal of clearance to ^vessels laden with suspected mer- chandise. The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise, destined for a foreign or domestic port, whenever he shall have satis- factory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States ; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited. Sec. 5320, R. S. 1440. Bond upon clearance. Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it neces- sary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrec- tion against the authority of the United States. Sec. 53%1, R. S. 1441. Liens upon condemned vessels. In all cases wherein any vessel, or other property, is condemned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemna- tion, and before awarding such vessel, or other property, or the pro- ceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and 1 Paragraph 1420, ante. * The Schooner Keeling, Blatch Pr. Gas., 92. 540 MILITARY LAWS OF THE UNITED STATES. amity with the United States, intervening in such proceeding, and which shall be duly established by evidence as a valid claim against such vessel, or other property, under the laws of the United States or any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly par- ticipated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose. 1 Sec. 5322, R. 8. CIVIL RIGHTS. 1442. Equal rights under the law. All persons within the juris- diction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and pro- ceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penal- ties, taxes, licenses, and exactions of every kind, and to no other. Sec. 1977, R. S. 1443. Rights of citizens in respect to real and personal property. All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Sec. 1978, R. 8. 1444. Civil action for deprivation of rights. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Sec. 1979, R. 8. 1445. Conspiracy. First. If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confi- dence under the United States, or from discharging any duties thereof ; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties ; 1 The Hampton, 5 Wall., 372. MILITARY LAWS OF THE UNITED STATES. 541 Second. If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truth- fully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, ob- structing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws; Third. If two or more persons in any State or Territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws ; or for the purpose of pre- venting or hindering the constituted authorities of any State or Ter- ritory from giving or securing to all persons within such State or Territory the equal protection of the laws ; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice-President, or as a member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators. Sec. 1980, R. S. 1446. Action for neglect to prevent conspiracy. Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in the preceding section, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be com- mitted, shall be liable to the party injured or his legal representa- 542 MILITARY LAWS OF THE UNITED STATES. tives, for all damages caused by such wrongful act, which such per- son by reasonable diligence could have prevented; and such dam- ages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action ; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding five thousand dollars damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued. Sec. 1981, R. S. 1447. District attorney, etc., to prosecute. The district attornevs, marshals, and deputy marshals, the commisioners appointed by the circuit and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of chapter seven of the Title " CRIMES," and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the Territorial court having cognizance of the offense. Sec. 1982, R. S. 1448. Commissioners. The circuit courts of the United States and the district courts of the Territories, from time to time, shall in- crease the number of commissioners, so as to afford a speedy and con- venient means for the arrest and examination of persons charged with the crimes referred to in the preceding section; and such com- missioners are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Sec. 1983, R. S. 1449. Same Appoint persons to execute warrants, etc. The com- missioners authorized to be appointed by the preceding section are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warants or other process as the commis- sioners may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State of Territory within which they are issued. Sec. 198^ R. S. MILITARY LAWS OF THE UNITED STATES. 543 1450. Marshal to obey precepts, etc. Every marhsal and deputy marshal shall obey and execute all warrants or other process, when directed to him, issued under the provisions hereof. Sec. 1985, R. S. 1451. Fees of district attorney, etc. The district attorneys, mar- shals, their deputies, and the clerks of the courts of the United States and Territorial courts shall be paid for their services, in cases under the foregoing provisions, the same fees as are allowed to them for like services in other cases ; and where the proceedings are before a commissioner he shall be entitled to a fee of ten dollars for his services in each case, inclusive of all services incident to the arrest and examination. Sec. 1986, R. S. 1452. Of persons appointed to execute process, etc. Every person appointed to execute process under section nineteen hundred and eighty-four [Rev. Stat.] 1 shall be entitled to a fee of five dollars for each party he may arrest and take before the commissioner, with such other fees as may be deemed reasonable by the commissioner for any additional services necessarily performed by him, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of the commissioner ; such fees to be made up in con- formity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be prac- ticable, and paid out of the Treasury of the United States on the cer- tificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Sec. 1987, R. S. 1453. Speedy trial. Whenever the President has reason to believe that offenses have been or are likely to be committed against the pro- visions of chapter seven of the Title CRIMES, within any judicial dis- trict, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time, as he may designate, for the purpose of the more speedy arrest and trial of persons so charged, and it shall be the duty of every judge or other officer, when any such requisition is received by him, to attend at the place and for the time therein designated. Sec. 1988, R. S. 1454. Aid of the military and naval forces. It shall be lawful for the President of the United States, or such person as he may em- power for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as may be necessary to aid in the execution of judicial process issued under any of the pre- ceding provisions, or as shall be necessary to prevent the violation * Paragraph 1449, ante. 544 MILITARY LAWS OF THE UNITED STATES. and enforce the due execution of the provisions of this Title. 1 Sec. 1989, R. S. 1455. Peonage abolished. The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in the Territory of New Mexico, or in any other Terri- tory or State of the United States; and all acts, laws, resolutions, orders, regulations, or usages of the Territory of New Mexico, or of any other Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indi- rectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void. Sec. 1990, R. S. 1456. Foregoing section, how enforced. Every person in the mili- tary or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section. 2 Sec. 1991, R. S. THE ELECTIVE FRANCHISE. 1457. Presence of troops at election. Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than five thousand dollars and imprisoned not more than five years. Sec. 22, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1092). (This paragraph is practically identical with section 5528 of the Revised Statutes, which is repealed.) 1458. Preventing voting. Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State shall be fined not more than five thousand dollars and imprisoned not more than five years. Sec. 23, id. (This paragraph is practically identical with section 5529 of the Revised Statutes, which is repealed.) 1459. Attempt to fix qualification of electors. Every officer of the army or navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of 1 This power is not repealed or abridged by the posse comitatus act (act of June 18, 1878, 20 Stat. 152). (19 Opin. Att. Gen., 570.) 2 Whether this section has been repealed by the enabling act under which New Mexico became a State has not been decided. MILITARY LAWS OF THE UNITED STATES. 545 voters at any election in any State shall be punished as provided in the preceding section. Sec. 24-) id. (This is a reenactment of section 5530 of the Revised Statutes. For the preceding section referred to in this paragraph see paragraph 1458. 1460. Interference with an officer of election. Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, or otherwise, compels, or attempts to compel, any officer holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an elec- tion in the discharge of his duty," shall be punished as provided in section twenty-three. Sec. 25, id., 1093. (This paragraph is practically identical with section 5531 of the Revised Statutes, which is repealed. For section 23, referred to in this paragraph, see paragraph 1458.) 1461. Penalty. Every person convicted of any offense defined in the four preceding sections shall, in addition to the punishment therein prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing therein shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote. Sec. 26, id. (This paragraph is practically identical with section 5532 of the Revised Statutes, which is repealed.) QUARANTINE. 1462. State health laws to ~be observed by United States officers, etc. The quarantines and other restraints established by the health laws of any State respecting any vessels arriving in or bound to any port or district thereof shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue cutters, and by the military officers commanding in any fort or station upon the seacoast; and all such officers of the United States shall faithfully aid in the execution of such quar- antines and health laws according to their respective powers and within their respective precincts, and as they shall be directed from time to time by the Secretary of the Treasury. But nothing in this Title shall enable any State to collect a duty of tonnage or impost without the consent of Congress. 1 Sec. 4.792, R. S. 1 See Gibbons v. Ogden, 9 Wh., 1 ; Passenger Cases, 7 How., 406. 48985 15 35 546 MILITAKY LAWS OF THE UNITED STATES. 1463. National quarantine. The Secretary of the Treasury shall have the control, direction, and management of all quarantine sta- tions, grounds, and anchorages established by authority of the United States, and as soon as practicable after the approval of this Act shall select and designate such suitable places for them and establish the same at such points on or near the coast line of the United States or the border of the United States and a foreign country, as in his judgment are best suited for the same and neces- sary to prevent the introduction of yellow fever into the United States, and, in his discretion, he may also establish at the group of islands known as the Dry Tortugas, at the western end of the Florida reef, and at such other point or points on or near the coast line of the United States (not to exceed four in the aggregate) as he deems necessary, quarantine grounds, stations, and anchorages, whereat or whereto infected vessels bound for any port in the United States may be detained or sent for the purpose of being disinfected, having their cargoes disinfected and discharged, if necessary, and their sick treated in hospitals until all danger of infection or contagion from such vessels, their cargoes, passengers, or crews has been removed. Sec. 1, Act of June 19, 1906 ($ Stat. 299). 1464. Same. Any vessel, or any officer of any vessel, or other person other than State health or quarantine officers, entering within the limits of any quarantine grounds and anchorages, or any quar- antine station and anchorage, or departing therefrom, in disregard of the quarantine rules and regulations or without the permission of the officer in charge of such quarantine ground and anchorage, or of such quarantine station and anchorage, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year, or both, in the discretion of the court. That any master or owner of any vessel violating any provision of this Act, or any provision of an Act entitled "An Act granting additional powers and imposing additional duties on the Marine-Hospital Serv- ice," approved February fifteenth, eighteen hundred and ninety- three, or violating any rule or regulation made in accordance with this Act or said Act of February fifteenth, eighteen hundred and ninety-three, relating to the inspection of vessels, or to the preven- tion of the introduction of contagious or infectious diseases into the United States, or any master, owner, or agent of any vessel making a false statement relative to the sanitary condition of such vessel or its contents, or as to the health of any passenger or person thereon shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. Sec. 4, id., 300. MILITARY LAWS OF THE UNITED STATES. 547 1465. Obstructing the mails. Whoever shall knowingly and will- fully obstruct or retard the passage of the mail, or any carriage, horse, driver, or carrier, or car, steamboat, or other conveyance or vessel carrying the same, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both. 1 Sec. 201, Act of Mar. 4, 1909, Criminal Code (35 Stat. 1127). (This paragraph is founded on section 3995 of the Revised Statutes, which is repealed. ) 1466. Parades, etc., to have right of way. The United States forces or troops, or any portion of the militia, parading, or performing any duty according to law, shall have the right of way in any street or highway through which they may pass : Provided, That the carriage of the United States mails, the legitimate functions of the police, and the progress and operations of fire-engines and fire departments shall not be interfered with thereby. Sec. 50, Act of Feb. 18, 1909 (35 Stat. 634). (As the above appears in an act having relation to the National Guard of the District of Columbia- it may be inferred that the streets, etc., mentioned are those of the said District.) NEUTRALITY. 1467. Accepting Commission. Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exer- cises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and imprisoned not more than three years. 2 Sec. 9, Act of Mar. ^, 1909, Criminal Code (35 Stat. 1089). (This paragraph is practically identical with section 5281 of the Revised Statutes, which is repealed.) 1 The entire strength of the nation may be used to enforce, in any part of the land, the full and free exercise of all national powers and the security of all rights intrusted by the Constitution to its care. The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arise, the Army of the nation and all its militia are at the service of the nation to compel obedience to its laws. (In re Debs, 158 U. S., 564, 582; in re Neagle, 135 U. S., 1; ex parte Siebold, 100 U. S., 371, 395; U. S. v. Kirby, 7 Wall., 482. See Winthrop, Military Law and Precedents, p. 1355, note 3.) 2 The neutrality act has been uniformly treated, by the Executive Depart- ments and by judges of the United States courts, as embracing warlike enter- prises set on foot in this country against a friendly power at peace with all the world. (U. S. v. Sullivan, 9 N. Y. Leg. Obs., 257.) Neutrality, strictly speaking, consists in abstinence from any participation in a public, private, or civil war, and in impartiality of conduct toward both parties; but the maintenance unbroken of peaceful relations between two powers when the domestic peace of one of them is disturbed is not neutrality in the sense in which the word is used when the disturbance has acquired such head as to have demanded the recognition of belligerency; and, as mere matter of municipal administration, no nation can permit unauthorized acts of war 548 MILITARY LAWS OF THE UNITED STATES. 1468. Enlistments. Whoever, within the territory or jurisdiction of the United States, enlists, or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be fined not more than one thousand dollars and imprisoned not more than three years. 1 Sec. 10, id. (This paragraph is founded on section 52C2 of the Revised Statutes, which is repealed. ) 1469. Fitting out vessel. Whoever, within the territory or juris- diction of the United States, fits out arid arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel, with intent that such vessel shall be employed in the service of any foreign prince or state, or of any colony, district", or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or whoever issues or delivers a commission within the territory or jurisdiction of the United States within its territory in infraction of its sovereignty, while good faith toward friendly nations requires their prevention. (The Three Frends, 166 U. S., 1.) The organization, in one country or State, of combinations to aid or abet rebellion in another, or in any other way to act on its political institutions, is a violation of national amity and comity, and an act of semihostile interference with the affairs of other peoples. * * * But there is no municipal law to forbid and punish such combinations, either in the United States or Great Britain. (VIII Opin. Att. Gen., 216.) The policy of this country is, and ever has been, a perfect neutrality and non- interference in the quarrels of other nations. (Ill Opin. Att. Gen., 739.) The act of April 30, 1818, like that of June 5, 1794, was intended to secure, beyond all risk of violation, the neutrality and pacific policy which they con- secrate as our fundamental law. (Id., 741.) In the absence of express authority from Congress, an officer of the Army can not accept remuneration from a foreign power, in return for military or other public service rendered, without a violation of Aticle I, section 9, para- graph 7, of the Constitution. (See U. S. v. Landers, 2 Otto., 79 ; XIII Opin. Att. Gen., 199.) Nor can such an officer (in the absence of such authority) properly be granted a leave of absence for the purpose of rendering foreign service, even without compensation, since such a proceeding would be contrary to the spirit and intent of the laws relating to the Army, which clearly contemplate that the services of its officers shall be rendered to the United States. (Dig. Opin. J. A. G., 79-1 C 3.) 1 The enlistment of seamen or others for marine service on Mexican steamers in New York, they not being Mexicans transiently within the United States, is a clear violation of this section, and the persons enlisted, as well as the officers enlisting them, are liable to the penalties thereby incurred. (IV Opin. Att. Gen., 336.) This section applies to foreign consuls raising troops in the United States for the military service of Great Britain. (VII id., 367.) It does not apply to those who go abroad for foreign enlistment, or to those who transport such persons. (U. S. v. Kazinski, 2 Sprague, 7.) The enlistment must be made within the territory of the United States, and the section does not apply to one who goes abroad with intent there to enlist. (Id.) The words "soldier" and " enlist " as used in this section are to be understood in their technical sense. (Id.; U. S. v. O'Brien, 75 Fed. Rep., 900.) MILITARY LAWS OF THE UNITED STATES. 549 for any vessel, to the intent that she may be so employed, shall be fined not more than ten thousand dollars and imprisoned not more than three years. And every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer and the other half to the use of the United States. 1 Sec. 11, id., 1090. (This paragraph is founded on section 5283 of the Revised Statutes, which is repealed. ) 1 To constitute an offense under this section, the vessel must be fitted out and armed with the specific intent. (U. S. v. Skinner, 1 Brun. Coll. Cases.) It is not necessary that the vessel should be armed or manned for the purpose of committing hostilities before she leaves the United States, if it is the intention that she shall be so fitted subsequently (-The City of Mexico, 28 Fed. Rep., 148), or if the separate parts of the expedition are to be united on the high seas. (U. S. v. The Mary N. Hogan, 18 Fed. Rep., 529, and 20 id., 50; The Carondelet, 37 Fed. Rep., 799; The Lancaster, 85 id., 760; U. S. v. Quincy, 6 Peters, 445.) The status of the insurgent party will be regarded by the courts as it is re- garded by the political or executive departments of the United States at the time of the commission of the alleged offense. (Gelston v. Hoyt, 3 Wheat., 246, 324 ; U. S. v. Palmer, id., 610, 625 ; Kennett v. Chambers, 14 How., 38 ; Wharton, Int. Law Dig., sees. 551, 552 ; U. S. v. Trumbull, 48 Fed. Rep., 99, 104.) The word " people," as used in this section, is " one of the denominations applied by the act of Congress to a foreign power." (U. S. v. Quincy, 6 Pet, 445.) I know of no law or regulation which forbids any person, or government, whether the political designation be real or assumed, from purchasing arms from the citizens of the United States and shipping them at the risk of the purchaser. (X Opin. Att Gen., 452.) The sending of munitions of war from a neutral country to a belligerent port for sale, as articles of commerce, is un- lawful only as subjecting such property to capture. (The Santissima Trinidad, 7 Whent., 283; The City of Mexico, 24 Fed. Rep., 924.) It is the right of a belligerent to purchase goods and instruments of war in a neutral nation, but it may be denied by a law passed for such purpose. (X Opin. Att. Gen., 61.) The provisions of this section do not apply to a vessel which receives arms and munition of war in this country, as cargo merely, with intent to carry them to a party of insurgents in a foreign country, but not with the intent that they shall constitute any part of the fittings or furnishings of the vessel herself. (U. S. v. The Itata, 56 Fed. Rep., 508, U. S. v. 2,000 Cases of Rifles, id.) A vessel is not liable to forfeiture under this section, nor is she liable to con- demnation as piratical, on the ground that she is in the employ of an insurgent party which has not been recognized by the United States as having belligerent rights. (U. S. v. The Itata, 56 Fed. Rep., 508; U. S. v. Weed, 5 Wall., 62; The Watchful, 6 Wall., 91.) In the case of the Horsa, Wiborg v. U. S., 163 U. S., 632, decided on appeal in the Supreme Court of the United States on May 25, 1896, it was held " that any combination of men organized to go to Cuba to make war upon its gov- ernment, provided with arms and ammunition, constitutes a military expedi- tion. It is not necessary that the men shall be drilled, put in uniform, or prepared for efficient service, nor that they shall have been organized as or according to the tactics or rules which relate to what is known as infantry, cavalry, or artillery. It is sufficient that they shall have combined and or- ganized here to go there and make war on a foreign government, and to have provided themselves with the means of doing so. Whether such provision, as by arming, etc., is necessary need not to be decided in this case. Nor is it im- portant that they intended to make war as an independent body or in con- nection with others. Where men go without such combination and organization to enlist as individuals in a foreign army, they do not constitute such military expedition, and the fact that the vessel carrying them might carry arms as merchandise would not be important." (See also The Estrella, 4 Wh., 298; The Gran Para, 7 Wh., 471; The Santa Maria, 7 Wh., 490; The Monte Allegre, 7 Wh., 520; U. S. v. Reyburn, 6 Pet, 352; U. S. v. Quincy, 6 Pet, 445; Wiborg v. U. S., 163, U. S., 632) 550 MILITABY LAWS OF THE UNITED STATES. 1470. Augmenting the force of a vessel. Whoever, within the ter- ritory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district or peo- ple, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any for- eign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be fined not more than one thousand dollars and im- prisoned not more than one year. 1 Sec. 12, id. (This paragraph is founded on section 5285 of the Revised Statutes, which is repealed. ) 1471. Military expedition or enterprise. Whoever, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried on from thence against the territory or do- minions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall be fined not more than three thousand dollars and imprisoned not more than three years. 2 Sec. 13, id. (This paragraph is founded on section 5286 of the Revised Statutes, which is repe.iled.) 1472. Use of the military force. The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other 1 The repair of Mexican war steamers in the port of New York, together with the augmenting their force by adding to the number of their guns, or by chang- ing those originally on board for those of larger caliber, or by the addition of any equipment solely applicable to war, is a violation of this section. But the repair of their bottoms or copper, etc., does not constitute any increase or aug- mentation of force within the meaning of the act, and the steamers are not liable to seizure by any judicial process under it. (IV Opin. Att. Gen., 336.) The taking on of a crew of American citizens, or of aliens domiciled in the United States would constitute a violation of this section. (The Alerta, 9 Cranch, 359.) 2 When a party of insurgents, already organized and carrying on war against the government of a foreign country, send a vessel to procure arms and ammuni- tion in the United States, the act of purchasing such arms and ammunition and placing them aboard the vessel is not within the scope of this section, which prescribes a penalty for every person who, within the limits of the United States, begins or sets on foot, or prepares or provides the means for any military expedition or enterprise " to be carried on from thence." Such expeditions and enterprises must originate within the jurisdiction of the United States, and the MILITARY LAWS OF THE UNITED STATES. 551 armed vessel is increased or augmented, or in which any military ex- pedition or enterprise is begun or set on foot, contrary to the pro- visions and prohibitions of this chapter ; and in every case of the cap- ture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process is- suing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and pen- alties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. 1 Sec. 14, id. (This paragraph is the same as section 5287 of the Revised Statutes, as amended by the act of February 18, 1875 (18 Stat 320), which is repealed.) 1473. Same. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States. Sec. 15, id., 1091. (This paragraph is founded on section 5288 of the Revised Statutes, which is repealed. ) terms of the statute do not apply to an expedition originating within the terri- tory of a foreign state. (U. S. v. Trumbull, 48 Fed. Rep., 99. For liability of the officers of the ship, see U. S. v. Rand, 17 id., 142. See, also, Wiborg v. U. S., 163 U. S., 632 ; U. S. v. Ybanez, 53 Fed. Rep., 536 ; U. S. v. Pena, 69 id., 983 ; U. S. v. Hughes, 70 id., 972 ; U. S. v. Hart, 74 id., 724 ; U. S. v. Nunez, 82 id., 599; U. S. v. Murphy, 84 id., 609. Dig. J A. G.,*p. 105, la.) The transportation of goods for commercial purposes only, and the carriage of persons separately, though their individual design may be to enlist in a for- eign strife, are not prohibited by our law, if the transportation is without any features of a military character. Indications of a military operation or of a military expedition are concert and unity of action, organization of men to act together, the presence of weapons, and some form of command or leadership. When these exist and are known to the persons engaged in the transportation, all who knowingly aid in such transportation for military purposes are liable under section 5286 of the Revised Statutes. U. S. v. Nunez et al., 82 Fed. Rep., 599.) 1 Ex parte Orozco, 210 Fed. Rep., 106 ; United States v. Chavez, 199 Fed. Rep., 518: 228 U. S., 525. 552 MILITAKY LAWS OF THE UNITED STATES. 1474. Citizens of a foreign State. The provisions of this chapter shall not be construed to extend to any subject or citizen of any for- eign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board of any vessel of war : letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such for- eign prince, state, colony, district, or people. Nor shall they be con- strued to prevent the prosecution or .punishment of treason, or of any piracy defined by the laws of the United States. Sec. 18, id. (This paragraph is founded on section 5291 of the Revised Statutes, which is repealed.) 1475. President empowered to issue proclamation. That the joint resolution to prohibit the export of coal or other material used in war from any seaport of the United States, approved April twenty- second, eighteen hundred and ninety-eight, be, and hereby is, amended to read as follows: That whenever the President shall find that in any American coun- try conditions of domestic violence exist which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export except under such limitations and exceptions as the President shall prescribe any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or of Congress. SEC. 2. That any shipment of material hereby declared unlawful after such a proclamation shall be punishable by fine not exceeding ten thousand dollars, or imprisonment not exceeding two years, or both. Joint Resolution No. 10 of March H, 191<2 (37 Stat. 630)* 1 Under this authority the President issued the following proclamation : Whereas, a joint resolution of Congress, approved March 14, 1912, reads and provides as follows : " That whenever the President shall find that in any American country conditions of domestic violence which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export except under such limitations and exceptions as the President shall prescribe any arms or muni- tions of war from any place in the United States to such country until otherwise ordered by the President or by Congress." And whereas, it is provided by section 2 of the said joint resolution, " That any shipment of material hereby declared unlawful after such a proclamation shall be punishable by fine not exceeding $10,000, or imprisonment not exceeding two years or both " : Now, therefore, I, William lioward Taft, President of the United States of America, acting under and by virtue of the authority conferred in me by the said joint resolution of Congress, do hereby declare and proclaim that I have MILITARY LAWS OF THE UNITED STATES. 553 1476. Extradition. Whenever any person is delivered by any for- eign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protec- tion of the accused. 1 Sec. 5275, RrS. 1477. Alaska. An act entitled "An act to define and punish crimes in the District of Alaska, and to provide a code of criminal pro- cedure for the District," approved March third, eighteen hundred and ninety-nine, be, and is, amended, by adding to section three hun- dred and sixty-three thereof the following : " Provided, [That] sec- tion fifteen [forbidding use of Army as posse comitatus] of an act entitled 'An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes,' approved June eighteenth, eighteen hundred and seventy-eight, shall not be construed to apply to the District of Alaska." Sec. W, Act of June 6, 1900 (31 Stat. found that there exist in Mexico such conditions of domestic violence promoted by the use of arms or munitions of war procured from the United States as contemplated by the said joint resolution; and I do hereby admonish all citizens of the United States and every person to abstain from every violation of the provisions of the joint resolution above set forth, hereby made applicable to Mexico, and I do hereby warn them that all violations of such provisions will be rigorously prosecuted. And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost dili- gence in preventing violations of the said joint resolution and this my procla- mation issued thereunder, and in bringing to trial and punishment any offenders against the same. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. The President signed this proclamation March 14, 1912, and it was published April 12, 1912. A proclamation by the President dated February 3, 1914 (38 Stat. ), re- voked the prohibition against the exportation of arms, etc. ; and, omitting the preamble, was in the following form : "Now, therefore, I, Woodrow Wilson, President of the United States of America, hereby declare and proclaim that, as the conditions on which the proclamation of March 14, 1912, was based have essentially changed, and as it is desirable to place the United States with reference to the exportation of arms or munitions of war to Mexico in the same position as other powers, the said proclamation is hereby revoked." United States v. Chavez, 199 Fed. Rep., 518 ; reversed, 228 U. S., 525. 1 For the general laws relating to extradition see sections 5270 to 5280, in- clusive, Revised Statutes. As to a country under our military control see ncf of June 6, 1900 (31 Stat. 656) ; and as to the Philippine Islands see act of February 9, 1903 (32 Stat. 806), and act of February 6, 1905 (33 Stat. 698). 554 MILITAKY LAWS OF THE UNITED STATES. 1478. Enforcement of law in the Hawaiian Islands. That the governor shall be responsible for the faithful execution of the laws of the United States and of the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Territory of Hawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Territory, or any part thereof, undei 1 martial law until communication can be had with the President and his de- cision thereon made known. &t,c. 67, Act cf Apr. 30, 19aO (31 Stat. 153). 1479. Employment of land and naval forces. The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or his widow, heir, executor, administrator, or assigns. Sec. 5577, R. S. (This has reference to guano islands. For general legislation covering the subject of guano islands see sections 5570 to 5578, Revised Statutes and the act of March 15, 1878 (20 Stat. 30), and the act of April 14, 1884 (23 Stat. 11).) 1480. Restriction upon the use of military force. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized x by the Constitution or by act of Congress ; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section and any person wilfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprison- ment not exceeding two years or by both such line and imprison- ment. 2 Sec. 15, Act of June 18, 1878 (W Stat. 152) . *As to cases where this authorization has been expressed see preceding paragraphs of this chapter; also article 49, Army Regulations, 1913. 2 See Dig. Op. J. A. G., pp. 101-103; Winthrop Military Law and Precedents, pp. 1352-1356. CHAPTER XXXV. PENSION LAWS. Par. Pension laws 1481-1495 Pensions for disabilities 1481 Same classes of beneficiaries . . 1482 Wounds or disease ; line of duty . 1483 Rates of pensions 1484 Pension according to rank 1485- Permanent specific disabilities. 1486 Loss of one hand and one foot. . 1487 Loss of arm or leg 1488 Loss of hand or foot, etc 1489 Incapacity requiring constant attendance ! v 1490 Same requiring frequent at- tendance 1491 Division of $18 rate ... . 1492 Par. Pension laws Continued. Not allowed while in Army or Navy 1493 Absentees 1494 Period of service 1495 Widows, children, and dependent relatives 1496-1501 Widows or children 1496 Addition foreachchild under 16. 1497 Increase of pensions 1498 Restriction as to time of mar- riage 1499 Dependent relatives 1500 Remarriage of widow, or de- pendent mother or sister 1501 PENSION LAWS. 1 1481. Pensions for disabilities. Every person specified in the sev- eral classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regula- tions as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases;. and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall com- mence as hereinafter provided, and continue during the existence of the disability. 2 Sec. 4692, R. S. 1 This chapter is not intended to give a full statement of the pension laws, but only so much thereof as will show the general policy of the Government in regard to pensions and furnish the information necessary to enable officers to answer the questions likely to arise in the service. For a full statement of the law on the subject, reference is made to the publication of the Pension Bureau, " Laws of the United States governing the granting of Army and Navy pensions and bounty lands," etc. 'The act of March 3, 1885 (23 Stat. 362), contains the requirements that "all applicants for pension shall be presumed to have had no disability at the time of enlistment, but such presumption may be rebutted." 555 556 MILITARY LAWS OF THE UNITED STATES. 1482. Same Classes of beneficiaries. The persons entitled as beneficiaries under the preceding section are as follows : First. Any officer of the Army, including regulars, volunteers, and militia, or any officer in the Navy or Marine Corps, or any en- listed man, however employed, in the military or naval service of the United States, or in its Marine Corps, whether regularly mus- tered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gunboat or war vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or non- enlisted person, on account of disablity from wounds, or injury received in battle with rebels or Indians, while temporarily render- ing service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force hi the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or enrolling officer disabled, by reason of any wound or injury received in the discharge of his duty, to procure a subsistence by manual labor. Sec. ^693, R. S. 1483. Wounds or disease; line of duty. No person shall be entitled to a pension by reason of wounds or injury received or disease con- tracted in the service of the United States subsequent to the twenty- seventh day of July, eighteen hundred and sixty-eight, unless the person who was wounded, or injured, or contracted the disease was in the line of duty, and, if in the military service, was at the time actually in the. field, or on the march, or at some post, fort, or garri- son, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at MILITARY LAWS OF THE UNITED STATES. 557 sea or in harbor, actually in commission, or was at some naval sta- tion, or on his way, by direction of competent authority, to the United States or to some other vessel or naval station or hospital. Sec. 4694, R. S. 1484. Rates of pensions. The pension for total disability shall be as follows, namely: For lieutenant-colonel and all officers of higher rank in the military service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieuten- ant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month ; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract sur- geon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officer commanding vessels, second and third assistant engineers, master's mate, and all warrant officers in the naval service, ten dollars per month ; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gunboats and war vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service. 1 Sec. 4695, R. S. 1485. Pension according to rank. Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension as is provided in the preceding section for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or Presidential appointment, regu- larly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank : Provided, That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty, and that he did not willfully neglect or refuse to be mustered. Sec. 4696, R. S. *By section 4692, Rev. Stat. (paragraph 1481, ante), an inferior disability shall be rated in proportion to that for total disability. 558 MILITARY LAWS OF THE UNITED STATES. 1486. Permanent specific disabilities. From and after June fourth, eighteen hundred and seventy-two, all persons entitled by law to a less pension than hereinafter specified, who, while in the military or naval service of the United States, and in line of duty, shall have lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the regular personal aid and attendance of another person, shall be entitled to a pension of thirty-one dollars and twenty-five cents per month ; x and all persons who, under like circumstances, shall have lost one hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall be entitled to a pension of twenty-four dollars per month ; and all persons who, under like circumstances, shall have lost one hand, or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to per- form manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of eighteen dollars per month : 2 Provided, That all persons who, under like circumstances, have lost a leg above the knee, and in consequence thereof are so disabled that they can not use artificial limbs, shall be rated in the second class and receive twenty- four dollars per month from and after June fourth, eighteen hundred and seventy-two ; 3 and all persons who, under like circumstances, shall have lost the hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date : * Provided, That the pension for a disability therein mentioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. Sec. 4698 R. S. Increased to fifty dollars by the act of June 18, 1874 (18 Stat 78), and to seventy-two dollars by the act of June 17, 1878 (20 id., 144), and June 16, 1880 (21 id., 281), and to one hundred dollars in certain cases (loss of both hands) by the act of February 12, 1889 (25 id., 659). By act of March 3, 1879 (20 Stat. 484), the provision is made to embrace those "who have become totally blind from causes occurring in the service"; and by act of April 8, 1904 (33 Stat. 163), the rate for loss of both eyes or total blindness "from causes occurring in the service " is fixed at one hundred dollars per month. 8 Increased by the act of February 28, 1877 (19 Stat. 264), and to twenty-four and thirty dollars per month by the act of March 3, 1883 (22 id., 453), and to thirty-six and forty-five dollars per month by the act of August 4, 1886 (24 id., 220), paragraphs 1487, 1488, and 1489, post. 8 By act of March 3, 1879 (20 Stat. 483) the pension authorized "for amputa- tion of either leg at the hip joint " is thirty-seven dollars and fifty cents per month. Increased to thirty dollars by the act of August 27, 1888 (25 Stat. 449), which act further authorized " such proportion thereof in cases of partial deaf- ness as the Secretary of the Interior may deem equitable ; the amount paid to be determined by the degree of disability existing in each case," MILITARY LAWS OF THE UNITED STATES. 559 1487. Loss of one hand and one foot. All persons who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand and one foot, or been totally and per- manently disabled in both, shall be entitled to a pensibn for each of such disabilities, and at such a rate as is provided for by the pro- visions of the existing laws for each disability: Provided, That this act shall not be so construed as to reduce pensions in any case. Act of Feb. 28, 1877 (19 Stat. 264) . 1488. Loss of arm or leg. From and after the passage of this act all persons on the pension roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand or one foot, or been totally or permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or a foot, shall receive a pension of twenty-four dollars per month ; that all persons now on the pension roll, and all persons hereafter granted a pension, who in like manner shall have lost either an arm at or above the elbow, or a leg at or above the knee, or shall have been otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall receive a pension of thirty dollars per month: Provided, That nothing con- tained in this act shall be construed to repeal section forty-six hun- dred and ninety-nine of the Revised Statutes of the United States, or to change the rate of eighteen dollars per month therein men- tioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. 1 Act of Mar. 3, 1883 (22 Stat. 453). 1489. Loss of hand or foot, etc. From and after the passage of this Act all persons on the pension roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States and in the line of duty, shall have lost one hand or one foot, or been totally disabled in the same, shall receive a pension at the rate of forty dollars per month; that all persons who, in like manner, shall have lost an arm at or above the elbow or a leg at or above the knee, or been totally disabled in the same, shall receive a pension at the rate of forty-six dollars per month; that all persons who, in like manner, shall have lost an arm at the shoulder joint or a leg at the hip joint, or so near the shoulder or hip joint or where the same is in such a condition as to prevent the use of an artificial limb, shall receive a pension at the rate of fifty-five dollars per month, and that all persons who, in like manner, shall have lost one hand and one foot, or been totally disabled in the same, shall receive 1 Paragraph 1492, post. 560 MILITARY LAWS OF THE UNITED STATES. a pension at the rate of sixty dollars per month; and that all per- sons who, in like manner, shall have lost both feet shall receive a pension at the rate of one hundred dollars per month: Provided, however, That this Act shall not be so construed as to reduce any pension under any act, public or private. Act of Mar. 2, 1903 (32 Stat. 944). 1490. Incapacity, requiring constant attendance. All soldiers, sailors, and marines who have since the sixteenth day of June, eighteen hundred and eighty, or who may hereafter become so totally and permanently helpless from injuries received or disease con- tracted in the service and line of duty as to require the regular per- sonal aid and attendance of another person, or who, if otherwise entitled, were excluded from the provisions of "An act to increase pensions of certain pensioned soldiers and sailors who are utterly helpless from injuries received or disease contracted while in the United States service," approved June sixteenth, eighteen hundred and eighty, shall be entitled to receive- a pension at the rate of seventy-two dollars per month from the date of the passage of this act or of the certificate of the examining surgeon or board of sur- geons showing such degree of disability made subsequent to the pas- sage of this act. Act of Mar. 4, 1890 (26 Stat. 16) . 1491. Same requiring frequent attendance. Soldiers and sailors who are shown to be totally incapacitated for performing manual labor by reason of injuries received or disease contracted in the serv- ice of the United States and in line of duty, and who are thereby dis- abled to such a degree as to require frequent and periodical, though not regular and constant, personal aid and attendance of another per- son, shall be entitled to receive a pension of fifty dollars per month from and after the date of the certificate of the examining surgeon or board of examining surgeons showing such degree of disability, and made subsequent to the passage of this act. Act of July U h 1892 (27 Stat. 149). 1492. Division of $18 rate. The rate of eighteen dollars per month may be proportionately divided for any degree of disability estab- lished for which section forty-six hundred and ninety-five makes no provision. 1 Sec. 4699, R. S. 1493. Not allowed while in Army or Navy. Hereafter no pension shall be allowed or paid to any officer, noncommissioned officer, or private in the Army, Navy, or Marine Corps of the United States, either on the active or retired list. 2 Act of Mar. 3, 1891 (26 Stat. 1082). 1 See act of March 3, 1883 (22 Stat. 453), paragraph 1488, ante. 2 Section 2 of the act of August 29, 1890 (26 Stat. 371), contained the require- ment that " Hereafter no officer of the Army, Navy, or Marine Corps on the retired list shall draw or receive any pension under any law." MILITARY LAWS OF THE UNITED STATES. 561 1494. Absentees. Officers absent on sick leave, and enlisted men absent on sick furlough, or on veteran furlough with the organiza- tion to which they belong, shall be regarded in the administration of the pension laws in the same manner as if they were in the field or hospital. Sec. 4700, R. S. 1495. Period of service. The period of service of all persons en- titled to the benefits of the pension laws, or on account of whose death any person may become entitled to a pension, shall be construed to extend to the time of disbanding the organization to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. Sec. 4701, R. S. WIDOWS, CHILDREN, AND^ DEPENDENT RELATIVES. 1496. Widows or children, etc. If any person embraced within the provisions of sections forty-six hundred and ninety-two -and forty- six hundred and ninety-three 1 has died since the fourth day of March, eighteen hundred and sixty-one, or hereafter dies, by reason of any wound, injury, or disease which under the conditions and limitations of such sections would have entitled him to an invalid pension had he been disabled, his widow, 2 or if there be no widow, or in case of her death without payment to her of any part of the pen- sion hereinafter mentioned, his child or children under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and if the widow remarry, the child or children shall be entitled from the date of remarriage, except when such widow has continued to draw the pension money after her remarriage, in contravention of law, and such child or children have resided with and been supported by her, their pension will commence at the date to which the widow was last paid. 3 Act of Aug. 7, 188% (22 Stat. 345}. 1497. Addition for each child under sixteen. The pensions of widows shall be increased from and after the twenty-fifth day of July, eighteen hundred and sixty-six, at the rate of two dollars per month for each child under the age of sixteen years of the husband on account of whose death the claim has been, or shall be, granted. And 1 Paragraphs 1481 and 1482, ante. 2 Section 4705 provides, as to enlistments on or before March 3, 1873, that " widows of colored and Indian soldiers," etc., " shall be entitled to receive the pension provided by law without other evidence of marriage " than satisfactory proof of the relation to each other therein specified. "Amended by act of March 19, 1886 (24 Stat. 5). See also acts of June 9, 1880 (21 Stat. 170), and June 7, 1888 (25 Stat. 173). 48985 15 36 562 MILITARY LAWS OF THE UNITED STATES. in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of the pension law, the pension granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow if living and entitled to a pen- sion: Provided, That the additional pension herein granted to the widow on account of the child or children of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or children; for any period during which she has not been, or she shall not be, so charged it shall be granted and paid to the guard- ian of such child or children: Provided further, That a widow or guardian to whom increase of pension has been, or shall hereafter be, granted on .account of minor children shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution or in any in- stitution organized for the care of soldiers' orphans. Sec. 4703, R. S. 1498. Increase of pensions. From and after the passage of this Act the rate of pension for widows, minor children under the age of sixteen years, and helpless minors as defined by existing laws, now on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than hereinafter provided, shall be twelve dollars per month ; and nothing herein shall be construed to affect the exist- ing allowance of two dollars per month for each child under the age of sixteen years and for each helpless child ; and all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed : Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private. Sec. 1, Act of Apr. 19, 1908 (35 Stat. 64). 1499. Restriction as to time of marriage. Hereafter no pension under any law of the United States shall be granted, allowed, or paid to the widow of a soldier, sailor, officer, naval or military, marine, marine officer, or any other male person entitled to a pension under any law of the United States, unless it shall be proved and estab- lished that the marriage of such widow to the soldier, sailor, officer, marine, or other person on account of whose service the pension is asked, was duly and legally contracted and entered into prior to the passage of this act, or unless such wife shall have lived and cohabited with such soldier, sailor,- officer, marine, marine officer, or other person continuously from the date of the marriage to the date of his death, or unless the marriage shall take place hereafter and prior to or during the military or naval service of the soldier, sailor, officer, marine, or other person on account of whose service MILITARY LAWS OF THE UNITED STATES. 563 the pension is asked or claimed. This proviso shall not apply to or affect the widow of any soldier, sailor, marine, officer, or marine officer serving or who has served in the war between the United States and the Kingdom of Spain. Act of Mar. 3, 1899 (30 Stat. 1380). 1500. Dependent relatives. If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty- six hundred and ninety-three has died since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound, injury, casualty, or disease, which, under the conditions and limitations of such sections, would have entitled him to an invalid pension, and has not left or shall not leave a widow or legiti- mate child, but has left or shall leave other relative or relatives who were dependent upon him for support, in whole or in part, at the date of his death, such relative or relatives shall be entitled, in the following order of precedence, to receive the same pension as such person would have been entitled to had he been totally disabled, to commence from the death of such person, namely : First, the mother ; secondly, the father; thirdly, orphan brothers and sisters under six- teen years of age, who shall be pensioned jointly: Provided, That where orphan children of the same parent have different guardians, or a portion of them only are under guardianship, the share of the joint pension to which each ward shall be entitled shall be paid to the guardian of such ward : Provided, That if in any case said per- son shall have left father and mother who were dependent upon him, then, on the death of the mother, the father shall become en- titled to the pension, commencing from and after the death of the mother; and upon the death of the mother and father, or upon the death of the father and the remarriage of the mother, the de- pendent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age of sixteen years, respectively, commencing from the death or remarriage of the party who had the prior right to the pension : Provided, That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no other adequate means of support than the ordinary pro- ceeds of her own manual labor and the contributions of said son or of any other persons not legally bound to aid in her support; and if, by actual contributions, or in any other way, the son had recog- nized his obligations to aid in support of his mother, or was by law bound to such support, and that a father or minor brother or sister shall, in like manner and under like conditions, be assumed to have been dependent, except that the income which was derived or de- rivable from his actual or possible manual labor shall be taken into 564 MILITARY LAWS OF THE UNITED STATES. account in estimating a father's means of independent support: Provided further. That the pension allowed to any person on ac- count of his or her dependence, as hereinbefore provided, shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. Sec. 4707, R. S. 1501. Remarriage of widow or dependent mother or sister. The remarriage of any widow, dependent mother, or dependent sister entitled to pension shall not bar her right to such pension to the date of her remarriage, whether an application therefor was filed before or after such marriage; but on the remarriage of any widow, de- pendent mother, or dependent sister having a pension such pension shall cease : Provided, however, That any widow who was the lawful wife of any officer or enlisted man or other person in the Army, Navy, or Marine Corps of the United States, as described in para- graphs one, two, and three of section forty-six hundred and ninety- three of the Eevised Statutes of the United States, during the period of his service in any war 3 and whose name was placed or shall here- after be placed on the pension roll because of her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced, upon her own application and without fault on her part, and if she is with- out means of support other than her daily labor, as defined by the Acts of June twenty-seventh, eighteen hundred and ninety, and May ninth, nineteen hundred, shall be entitled to have her name again placed on the pension roll at the rate now provided for widows by the Acts of July fourteenth, eighteen hundred and sixty-two, March third, eighteen hundred and seventy-three, and March nineteenth, eighteen hundred and eighty-six, such pension to commence from the date of the filing of her application in the Pension Bureau after the approval of this Act : And provided further, That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act : And provided further, That where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or chil- dren under the age of sixteen years, she shall not be entitled to res- toration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said! widow the payment of pension to said child or children shall cease. Sec. 4708, R. S., as amended ly Sec. 1, Act of Feb. 28, 1903 (32 Stat. 920). CHAPTER THE SOLDIERS' HOME. Par. Board of Commissioners, duties 1502 Same 1503 Same 1504 Officers 1505 Same selection treasurer required to give bond 1506 Funds for the support of the home, how obtained 1507 Same 1508 Limit to adjustment of accounts 3509 Permanent fund of the home 1510 The Treasurer of the United States the depositary of the funds of the home 1511 Limitation on expenditures 1512 Borrowing money on credit of home prohibited 1513 Par. Who may become members of the home 1514 What persons are entitled to its bene- fits 1515 Who are excluded 1516 Who shall be discharged 1517 Outdoor relief 1518 Rights of pensioners and surrender of pensions 1519 Allotment of their pensions by in- mates, payment of pensions not assigned to Treasurer, etc 1520 Inmates subject to Articles of War. . 1521 Uniforms to be furnished inmates free of cost 1522 Liquor licenses prohibited within 1 mile of the home... . 1523 1502. Board of Commissioners, duties. The Board of Commis- sioners of the Soldiers' Home shall hereafter consist of the General in Chief commanding the Army, the Surgeon-General, the Commissary- General, the Ad jut ant- General, the Quartermaster-General, the Judge-Advocate-General and the Governor of the Home, and the General in Chief shall be President of the Board, and any four of them shall constitute a quorum for the transaction of business; whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the Soldiers' Home at least once in every month. The majority shall also have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of War for approval; and may do any other acts necessary for the govern- ment and interests of the same, as authorized by this chapter. 1 Sec. 4815 R. ., as amended by Sec. 10, Act of Mar. 3, 1883 (22 Stat.,565). 1503. Same. The commissioners of the Soldiers' Home, by and with the approval of the President, shall procure for immediate use, 1 The " Military Asylum for the Relief and Support of Invalid and Disabled Soldiers of the Army of the United States " was established by the act of March 565 566 MILITARY LAWS OF THE UNITED STATES. at a suitable place or places, a site or sites for the Soldiers' Home, and if the necessary buildings can not be procured with the sites, to have the same erected, having due regard to the health of the loca- tions, facility of access, and economy, and giving preference to such places as, with the most convenience and least cost, will accommodate the persons entitled to the benefits of the Soldiers' Home. Sec. 4817, B.8. 1504. Same. The board of commissioners of the Soldiers' Home shall every year report in writing to the Secretary of War, giving a full statement of all receipts and disbursements of money, of the manner in which the funds are invested of any changes in the in- vestments and the reasons therefor, of all admissions and discharges, and generally of all facts that may be necessary to a full under- standing of the condition and management of the Home. The Sec- retary of War shall have power to call for and require any omitted facts which in his judgment should be stated to be added. This annual report shall be, by the Secretary of War, together with the 3, 1851 (9 Stat. 595). a For the support of the institution thus established the following funds were set apart: (a) Any unexpended balance of the appro- priation made by the act of March 2, 1847 (9 Stat. 149), for the benefit of soldiers disabled by wounds; (b) the sum of $118,791.19, levied by the command- ing general of the Army of the United States in Mexico, during the war with that republic, for the benefit of the soldiers of the United States Army, regu- lars and volunteers, who were engaged in that war, but taken possession of as funds of the United States and placed in the Treasury; (c) all stoppages and fines adjudged against soldiers by sentence of court-martial, over and above any amount that may be due for the reimbursement of Government or of individuals; (d) all forfeitures on account of desertion; (e) all moneys, not exceeding two-thirds of the balance on hand of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses of the year; and (f) all moneys belonging to the estates of deceased soldiers, which now are or may hereafter be unclaimed for the period of three years subsequent to the death of said soldier or soldiers, to be repaid by the com- missioners of the institution, upon the demand of the heirs or legal representa- tives of the deceased ; 6 there shall also be " deducted from the pay of every noncommissioned officer, musician, artificer, and private of the Army of the United States the sum of 25 cents c per month, which sum so deducted shall, by the Pay Department of the Army, be passed to the credit of the commission- ers of the asylum, who are hereby authorized to receive all donations of money or property made by any person or persons for the benefit of the institution, and hold the same for its sole and exclusive use." (Sec. 7, act of March 3, 1851, 9 Stat. 596.) In passing upon recommendations made by the board of commissioners of the Soldiers' Home, under section 4815 of the Revised Statutes, the Secretary of War is invested with a discretionary power to approve or disapprove the same. (XVII Opin. Att. Gen., 449.) a The act of Congress establishing the Military Asylum does not constitute the commissioners a corporation with capacity to sue and be sued. (V Opin. Att. Gen., 398; see note 1 to paragraph 1512, post.) 6 This clause was repealed by section 2 of the act of July 5, 1862 (12 Stat. 508). c The deduction from the monthly pay of enlisted men, fixed at 25 cents per month by section 7, act of March 3, 1851 (9 Stat. 596), was reduced to 12$ cents by section 7, act of March 3, 1859 (11 Stat. 424), and was abolished by the act of May 11, 1908 (35 Stat. 110). MILITARY LAWS OF THE UNITED STATES. 567 report of the inspecting officer hereinafter provided for, transmitted to Congress at the first session thereafter, and he shall also cause the same to be published in orders to the Army, a copy thereof to be de- posited in each garrison and post library. 1 Sec. 1, Act of Mar. 3, 1883 (%2 Stat.564). 1505. Officers. The officers of the Soldiers' Home shall consist of a governor, a deputy governor, and a secretary, for each separate site of the home, the latter to be also the treasurer ; and the officers shall be taken from the Army and appointed or removed, from time to time, as the interests of the institution may require, by the Secre- tary of War, on the recommendation of the board of commissioners. 2 Sec. 4816, R. S. 1506. Same Selection Treasurer required to give bond. The governor and all other officers of the Home shall be selected by the President of the United States, and the treasurer of the Home shall be required to give a bond in the penal sum of twenty thousand dol- lars for the faithful performance of his duty. 3 Sec. 7, Act of Mar. 3, 1883 (%2 Stat.565}. 1507. Funds for the support of the Home, how obtained. For the support of the Soldiers' Home the following funds are set apart and are hereby appropriated : All stoppages or fines adjudged against soldiers by sentence of courts-martial over and above any amount that may be due for the reimbursement of Government or of in- dividuals; all forfeitures on account of desertion; and all moneys belonging to the estates of deceased soldiers which are or may be unclaimed for the period of three years subsequent to the death of such soldiers, to be repaid by the commissioners of the institution upon the demand of the heirs or legal representatives of the deceased. Sec. 4818, R. S. 1508. Same. There shall be deducted from the pay of every non- commissioned officer, musician, artificer, and private of the Army of the United States the sum of twelve and a half cents per month, which sum so deducted shall by the Pay Department of the Army 1 Section 2 of the Act of March 3, 1883, provides for an annual inspection of the Home by the Inspector General of the Army. (See par. 464, ante, under the chapter entitled, The Inspector General's Department.) a The commissioners of the Soldiers' Home may permit the governor, deputy governor, and treasurer of the Home, who are retired officers of the Army and who reside at the Home, to make use of ordinary supplies of fuel, light, forage, etc., produced at the Home or purchased for it, and they may pay the treasurer, out of the funds of the Home, a salary for his services. (XX Opin. Att. Gen., 350.) See Dig. Opin. J. A. G., pp. 1010 and 1011, edition, 1912. 3 The board of commissioners of the Soldiers' Home can not delegate to the governor of the Home discretionary police authority for the preservation of good order within its limits. (XX Opin. Att. Gen., 514.) They can not em- power him to arrest, detain, or deliver over to the court authorities non- military persons committing crimes less than capital, except in the cases where any person may make an arrest without warrant or precept. (Id.) 568 MILITARY LAWS OF THE UNITED STATES. be passed to the credit of the commissioners of the Soldiers' Home. The commissioners are also authorized to receive all donations of money or property made by any person for the benefit of the insti- tution and hold the same^ for its sole and exclusive use. But the deduction of twelve and a half cents per month from the pay of noncommissioned officers, musicians, artificers, and privates of regi- ments of volunteers or other corps or regiments raised for a limited period or for a temporary purpose or purposes shall only be made with their consent. 1 Sec. 4819, R. S. 1509. Limit to adjustment of accounts. Hereafter the adjustment of the accounts of the Soldiers' Home under section 4818 of the Revised Statutes 2 in the offices of the Second Comptroller and Sec- ond Auditor shall be limited to those originating subsequent to March 3, 1881. Act of July 16, 1892 (27 Stat. 193) . 1510. Permanent fund of the Home. That all funds of the Home not needed for current use, and which are not now invested in United States registered bonds, shall, as soon as received, or as soon as present investments can be converted into money without loss, be deposited in the Treasury of the United States to the credit of the Home as a permanent fund, and shall draw interest at the rate of three per centum per annum, which shall be paid quarterly to the treasurer of the Home; and the proceeds of such registered bonds, as they are paid, shall be deposited in like maner. No part of the principal sum so deposited shall be withdrawn for use except upon a resolution of the board of commissioners stating the necessity and approved by the Secretary of War. Sec. 8, Act of Mar. 3, 1883 (22 Stat. 565). 1511. The Treasurer of the United States the depositary of the funds of the Home. That the Treasurer of the United States be, and he is hereby, authorized and directed to receive and keep on de- posit, subject to the checks or drafts of the treasurer of the Soldiers' Home in the District of Columbia, all funds which may now be under the control of the said treasurer of the Soldiers' Home, or may hereafter be furnished him or in any manner come into his pos- session for use in defraying the curent expenses of maintaining the said Soldiers' Home, and, upon the request of said treasurer of the Soldiers' Home, there shall be transferred, from funds to his credit with the United States Treasurer, and placed to his credit with the assistant treasurer of the United States in New York City, New York, such sums as he may require monthly or quarterly for pay- ments on account of "outdoor relief" to members of the said Sol- x The deduction of pay for the Soldiers' Home was abolished by the act of May 11, 1908 (35 Stat 110). * For this section see paragraph 1507, ante. MILITARY LAWS OF THE UNITED STATES. 569 diers' Home residing at a distance therefrom. Act of Jan. 16, 1891 (26 Stat. 718). 1512. Limitation on expenditures. No new buildings shall be erected or new grounds purchased, nor shall any expenditure of more than five thousand dollars be made, until the action of the board thereon shall be approved by the Secretary of War. All supplies that can be purchased upon contract shall be so purchased, after due notice by advertisement, of the lowest responsible bidder. Such bidder shall give bond, with proper security, for the per- formance of his contract. 1 Sec. 3, Act of Mar. 3, 1883 (%% Stat. 564). 1513. Borrowing money on credit of Home prohibited. No officers of the Home shall borrow any money on the credit of the Home for any purpose, nor shall any pledge of any of its property or securities for any purpose be valid. Sec. 9, id., 565. 1514. Who may become members of the Home. All soldiers of the Army of the United States, and all soldiers who have been, or may hereafter be, of the Army of the United States, and who have con- tributed, or may hereafter contribute, according to section forty- eight hundred and nineteen, to the support of the Soldiers' Home hereby created, and the invalid and disabled soldiers, whether regu- lars or volunteers, of the war of eighteen hundred and twelve and of all subsequent wars, shall, under the restrictions and provisions which follow, be members of the Soldiers' Home, with all the rights annexed thereto. 2 Sec. 4814, R. S. (The contribution provided for in sec. 4819, R. S., was abolished by the act of May 11, 1908, 35 Stat. 110.) 1515. What persons are entitled to its benefits. The following per- sons, members of the Soldiers' Home, according to section forty- eight hundred and fourteen, shall be entitled to the rights and bene- fits herein conferred, and no others : 1 Contracts for the Home should be entered into, not by the " Soldiers' Home," which is not an incorporated institution, but by the board of commis- sioners, who, as trustees for the Home, may make contracts which will bind the United States. (Dig. Opin., J. A. G., par. 2330. Ed. 1901.) Section 11 of the act of March 3, 1883 (22 Stat. p. 565), contains the provision " that all laws and parts of laws relating to the Soldiers' Home now in force and not inconsistent with this act are continued in force, and such as are in- consistent herewith are to that extent repealed." Section 12 of the same act contained the requirement that " the sum of ten thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated to be expended by the Secretary of the Treasury in the employment of additional clerical force to be used in adjusting the accounts in the Treasury Department of those funds which under the law belong to the Soldiers' Home." 2 This section and 4819 recognize two classes of beneficiaries : 1. Soldiers who, while in the service, contributed voluntarily to the support of the Home. 2. Soldiers who did not contribute. Those who contributed have a right to membership without surrendering their pensions to the Home. Under section 4820 of the Revised Statutes, those who did not contribute may become mem- bers by making such surrender. (Bowen v. U. S., 100 U. S., 508; id., 14 Ct. Cls., 162.) 570 MILITARY LAWS OF THE UNITED STATES. First. Every soldier of the Army of the United States who has served, or may serve, honestly and faithfully twenty years in the same. Second. Every soldier and every discharged soldier, whether regu- lar or volunteer, who has suffered, or may suffer, by reason of disease or wounds incurred in the service and in the line of his duty, render- ing him incapable of further military service, if such disability was not occasioned by his own misconduct. Third. The invalid and disabled soldiers, whether regular or vol- unteers, of the wars of eighteen hundred and twelve and of all sub- sequent wars. Sec. 4881, R. S. 1516. Who are excluded. The benefits of the Soldiers' Home shall not be extended to any soldier in the regular or volunteer service con- victed of felony or other disgraceful or infamous crimes of a civil nature after his admission into the service of the United States ; nor shall any one who has been a deserter, mutineer, or habitual drunkard be received without such evidence of subsequent service, good con- duct, and reformation of character as is satisfactory to the commis- sioners. Sec. 4822, R. 8. 1517. Who shall ~be discharged. Any soldier admitted into the Soldiers' Home for disability who recovers his health, so as to become fit again for military service, if under fifty years of age, shall be discharged. 1 Sec. 4823, R. S. 1518. Outdoor relief. That the board of commissioners are author- ized to aid persons who are entitled to admission to the Home, by outdoor relief, in such manner and to such an extent as they may deem proper; but such relief shall not exceed the average cost of maintaining an inmate of the Home. Sec. 6, Act of Mar. 3, 1883 (22 Stat.565). 1519. Rights of pensioners and surrender of pensions. The fact that one to whom a pension has been granted for wounds or disa- bility received in the military service has not contributed to the funds of the Soldiers' Home shall not. preclude him from admission thereto. But all such pensioners shall surrender their pensions to the Soldiers' Home during the time they remain therein and voluntarily receive its benefits. 2 Sec. 4820, R. S. 1520. Allotment of their pensions l>y inmates, payment of pensions not assigned to Treasurer, etc. Any inmate of the Home who is receiving a pension from the Government, and who has a child, wife, or parent living, shall be entitled, by filing with the pension agent 1 See Dig. Opin. J. A. G., 1010, I. B., edition 1912. * Section 4820, Revised Statutes, admits of no other reasonable construction than that only invalid pensioners who had not contributed to the funds of the Soldiers' Home were bound to surrender to it their pensions while receiving its benefits. (U. S. v. Bo wen, 100 U. S., 508 ; see paragraph 1520, post) MILITARY LAWS OF THE UNITED STATES. 571 from whom he receives his money a written direction to that effect, to have his pension, or any part of it, paid to such child, wife, or parent. The pensions of all who now are or shall hereafter become inmates of the Home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the Home. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pensioner to whom it would other- wise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his discharge from the institu- tion. The board of commissioners may from time to time pay over to any inmate such part of his pension money as they think best for his interest and consistent with the discipline and good order of the Home, but such pensioner shall- not be entitled to demand or have the same so long as he remains an inmate of the Home. In case of the death of any pensioner, any pension money due him remaining in the hands of the treasurer shall be paid to his legal heirs, if de- mand is made within three years; otherwise the same shall escheat to the Home. Sec. 4, Act of Mar. 3, 1883 (22 Stat. 564). 1521. Inmates subject to Articles of War. All persons admitted into the Soldiers' Home shall be subject to the Rules and Articles of War in the same manner as soldiers in the Army. 1 Sec. 4824, R- S. 1522. Uniforms to ~be furnished inmates free -of cost. A suitable uniform shall be furnished to every inmate of the Home, without cost to him. Sec. 5, Act of Mar. 3, 1883 (22 Stat. 565). 1523. Liquor licenses prohibited within 1 mile of the Home. On and after the passage of this act no license for the sale of intoxicat- ing liquor at any place within one mile of the Soldiers' Home prop- erty in the District of Columbia shall be granted. Act of Feb. 28, 1891 (26 Stat. 797). NOTE. The National Home for Disabled Volunteer Soldiers. The National Home for Disabled Volunteer Soldiers was established under authority of act of Congress of March 3, 1865 (13 Stat. 509). This act was amended by the following acts : Act of March 21, 1866 (14 Stat. 10) ; Act of March 12, 1867 (15 Stat. 1) ; Joint resolution of June 8, 1868 (15 Stat. 253) ; Joint resolution of February 28, 1871 (16 Stat. 599) ; Act of January 23, 1873 (17 Stat. 417) ; Act of March 3, 1875 (18 Stat. 359) ; Joint resolution of February 26, 1875 (18 Stat. 524). These various acts were carried forward into the Revised Statutes and there appear in chapter 3, title 59, from sections 4825 to 4837, inclusive. Since the enactment of the Revised Statutes the most important acts relat- ing to the National Home for Disabled Volunteer Soliders, are: 18 Stat. 359: 20 Stat. 390; 21 Stat. 350, 447; 22 Stat. 322, 330; 24 Stat. 129, 251, 540; 25 Stat. 387, 543. 657, 855; 27 Stat. 15, 384; 28 Stat. 159, 412, 492; 29 Stat. 445, 517; 30 Stat. 54, 105, 640, 668, 1073, 1379; 31 Stat. 636, 745, 1175, 1178; 33 Stat. 731; 35 Stat. 1012. 1 See Dig. Opinion. J. A. G., 1010 I A. 572 MILITARY LAWS OF THE UNITED STATES. Under authority conferred by separate statutes branch homes have been established at the following places : The Central Branch, at Dayton, Ohio. The Northwestern Branch, at Milwaukee, Wis. The Eastern Branch, at Togus, Me. The Southern Branch, at Hampton, Va. The Western Branch, at Leavenworth, Kans. The Pacific Branch, at Santa Monica, Cal. The Marion Branch, at Marion, Ind. The Danville Branch, at Danville, 111. The Johnson City Branch, at Johnson City, Tenn. Battle Mountain Sanitarium, Hot Springs, S. Dak. As to aid offered States and Territorial homes for disabled soldiers see the following acts : Sec. 4825, R. S. ; 25 Stat. 450, 975 ; 30 Stat. 1379. Admissions to the home. Hereafter the following persons only shall be en- titled to the benefits of the National Home for Disabled Volunteer Soldiers and may be admitted thereto upon the order of a member of the board of managers, namely: All honorably discharged officers, soldiers, and sailors who served in the regular or volunteer forces of the United States in any war in which the country has been engaged, who are disabled by disease, wounds, or otherwise, and who have no adequate means of support, and by reason of such disability are incapable of earning their living. (Act of May 26, 1900, 31 Stat. 217.) All honorably discharged soldiers and sailors who served in the War of the Rebellion and the Spanish-American War, and the provisional army and the volunteer soldiers and sailors of the War of 1812 and of the Mexican War, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. (Act of January 28, 1901, 31 Stat. 745.) CHAPTER XXXVII, CARE OF THE INSANE. Par. Government Hospital for the In- sane 1524-1527 Establishment 1524 Admissions; insane of Army, etc . 1525 Par. In California asylums 1526 Insane Filipino soldiers 1527 GOVERNMENT HOSPITAL FOR THE INSANE. 1 1524. Establishment. There shall be in the District of Columbia a Government Hospital for the Insane, and its objects shall be the most humane care and enlightened curative treatment of the insane of the Army and Navy of the United States and of the District of Columbia. Sec. 4838, R. S. 1525. Admissions; insane of Army, etc. The superintendent, upon the order of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Treasury, respectively, shall receive, and keep in custody until they are cured, or removed by the same author- ity which ordered their reception, insane persons of the following descriptions : First. Insane persons belonging to the Army, Navy, Marine Corps, and Re venue- Cutter Service. Second. Civilians employed in the Quartermaster's, Pay, and Subsistence Departments of the Army who may be, or may here- after become, insane while in such employment. Sec. 4.843, R. ., as amended ~by Act of Feb. 9, 1900 (31 Stat. 7). Third. Men who, while in the service of the United States, in the Army, Navy, or Marine Corps, have been admitted to the hospital, and have been thereafter discharged from it on the supposition that they have recovered their reason, and have, within three years after such discharge, become again insane from causes existing at the time of such discharge, and have no adequate means of support. Fourth. Indigent insane persons who have been in either of the said services and been discharged therefrom on account of disability arising from such insanity. sundry civil act of June 25, 1910 (35 Stat. 703), contained an item (p. 724) "for the care, maintenance, and treatment at asylums in Porto Rico of insane soldiers of the Porto Rico Regiment of Infantry " ; and since then provision has been made for the purpose in the annual acts for the support of the Army. 573 574 MILITARY LAWS OF THE UNITED STATES. Fifth. Indigent insane persons who have become insane within three years after their discharge from such service, from causes which arose during and were produced; by said service. 1 Sec. 484$i R. 8., as amended ly Act of Feb. 9, 1900 (31 Stat. 7). 1526. In California asylums. The Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in Cali- fornia, in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of Mar. 3, 1901 (31 Stat. 1163). 1527. Insane Filipino soldiers. The Secretary of War may, in his discretion contract for the care, maintenance, and treatment of the insane natives of the Philippine Islands serving in the Army of the United States at any asylum in the Philippine Islands in all cases which he is now authorized by law to cause to be sent to the Govern- ment Hospital for the Insane in the District of Columbia. Act of May 11, 1908 (35 Stat. 1 The right to admission to the asylum has been extended by statute to include the following classes of cases : (1) To insane convicts serving sentences of confinement imposed by United States courts. (Act of June 23, 1874, 18 Stat. 251.) (2) To persons in custody charged with crime against the United States. (Act of Aug. 7, 1882, 22 Stat. 202.) (3) To inmates of the several branches of the National Home for Disabled Volunteer Soldiers who may become insane. (Act of Aug. 7, 1882, 22 Stat. 302.) (4) To inmates of the Soldiers' Home who may become insane. (Act of July 7, 1884, 23 Stat. 194.) The expense of maintenance to be paid from the Soldiers' Home fund. CHAPTER FLAG AND SEAL OF THE UNITED STATES. Par. The flag to be thirteen stripes and forty-eight stars 1528 A star to be added for every new State... . 1529 Par. Seal of the United States 1530 Secretary of State to keep and affix the seal... . 1531 1528. The flag to be thirteen stripes and forty-eight stars. The flag of the United States shall be thirteen horizontal stripes, alter- nate red and white; and the union of the flag shall be [forty-eight] stars, white in a blue field. 1 Sec. 1791, R. S. 1529. A star to be added for every new State. On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. 2 Sec. 179%, R. S. 1530. Seal of the United States. The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. Sec. 1793, R. S. 1531. Secretary of State to keep and affix the seal. The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for officers of the United States, 3 to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. Sec. 1794, K.S. 1 See pars. 215 and 216 A. R., 1913, Also Bulletins 11 and 23, War Depart- ment, 1912. a See Dig. Opin. J. A. G., 629 I-V and 20 I, edition 1912. " The commissions of military officers now bear the seal of the War Depart- ment. (Act of Mar. 28, 1896, 29 Stat. 75.) 575 CHAPTER XXXIX. THE ARTICLES OF WAR. 1 Section. 1342. Articles of war. Article. 1. Officers shall subscribe these ar- ticles. 2. Articles to be read to recruits. 3. Officers making unlawful enlist 5 " ments. 4. Discharges. 5. Mustering persons not soldiers. 6. Taking money on mustering. 7. Return of regiments, etc. 8. False returns. 9. Captured stores secured for public service. 10. Accountability for arms, etc. Article. 11. Furloughs. 12. Musters. 13. False certificates. 14. False muster. 15. Allowing military stores to be dam- aged. 16. Wasting ammunition, 17. Losing or spoiling horses, accouter- ments, etc. 18. Commanders not to be interested in sale of victuals, etc. 19. Disrespectful words against the President, etc. 20. Disrespect toward commanding officer. 1 HISTORICAL NOTE. In the early periods of English history military law existed only in time of actual war. When war broke out troops were raised as occasion required, and ordinances for their government, or, as they were afterwards called, articles of war, were issued by the Crown, with the advice of the constable or of the peers or other experienced persons, or were enacted by the commander in chief in pursuance of an authority for that purpose given in his commission from the Crown. (Grose, Military Antiquities, vol. 2, p. 58.) These ordinances or articles, however, remained in force only during the service of the troops for whose government they were issued, and ceased to operate on the conclusion of peace. Military law in time of peace did not come into existence until the passing of the first mutiny act in 1689. The system of governing troops in active service by articles of war, issued under the prerogative power of the Crown, whether issued by the King himself, or by the commanders in chief, or by other officers holding commissions from the Crown, continued from the time of the Conquest till long after the passing of the annual mutiny acts (Barwis v. Keppel, 2 Wilson's Rep., 314), and did not actually cease till the prerogative power of issuing such articles was super- seded in 1803 by a corresponding statutory power. (43 Geo. Ill, ch. 20.) The earlier articles were of excessive severity, inflicting death or loss of limb for almost every crime. Gradually, however, they assumed something of the shape which they bear in modern times, and the ordinances or articles of war issued by Charles I in 1672 formed the groundwork of the Articles of War of 1878, which were consolidated with the mutiny act in the army discipline and regulation act of 1879, which was replaced by the army act of 1881. The army act of 1881, which now constitutes the military code of the British Army, has of itself no force, but requires to be brought into operation annually by another act of Parliament, thus securing the constitutional principle of the control of the Parliament over the discipline requisite for the government of the army. (Manual of Military Law, War Office, Pall Mall, 1884, pp. 9-18.) The Rules and Articles of War were derived originally from the English mutiny act and articles of war under the following circumstances: In May, 48985 15 37 577 578 MILITARY LAWS OF THE UNITED STATES. Article. 21. Striking superior officer. 22. Mutiny. 23. Failing to resist mutiny. 24. Quarrels and frays. 25. Reproachful or provoking speeches. 26. Challenges to fight duels. 27. Allowing persons to go out and fight; seconds and promoters. 28. Upbraiding another for refusing challenge. 29. Wrongs to officers, redress of. 30. Wrongs to soldiers, redress of. 31. Lying out of quarters. 32. Soldiers absent without leave. 33. Absence from parade without leave. 34. One mile from camp without leave. 35. Failing to retire at retreat. 36. Hiring duty. 37. Conniving at hiring duty. 38. Drunk on duty. 39. Sentinel sleeping on post. 40. Quitting guard, etc., without leave. 41. False alarms. 42. Misbehavior before the enemy, cowardice, etc. 43. Compelling a surrender. 44. Disclosing watchword. 45. Relieving the enemy. 46. Corresponding with the enemy. 47. Desertion. Article. 48. Deserter shall serve full term. 49. Desertion by resignation. 50. Enlisting in other regiment with- out discharge. 51. Advising to desert. 52. Misconduct at divine service. 53. Profane oaths. 54. Officers to keep good order in their commands. 55. Waste or spoil and destruction of property without orders. 56. Violence to persons bringing pro- visions. 57. Forcing a safeguard. 58. Certain crimes during rebellion. 59. Offenders, to deliver up to civil magistrates. 60 Certain crimes of fraud against the United States. 61. Conduct unbecoming an officer and gentleman. 62. Crimes and disorders to prejudice of military discipline. 63. Retainers of camp. 64. All troops subject to Articles of War. 65. Arrest of officers accused of crimes. 66. Soldiers accused of crimes. 67. Receiving prisoners. 68. Report of prisoners. 69. Releasing prisoner without au- thority; escapes. 1775, the Continental Congress met in Philadelphia and at once proceeded to levy and organize an army. A system of rules for its government was, of course, indispensable. The Members of this Congress were naturally familiar with the English military code. The local troops serving with the English forces sent to this country in 1754 had been brought under the mutiny act, while the armies of Gage and Burgoyne were governed by the English code at the time the first " Continental troops " were raised. It was but natural, there- fore, that this body should turn to the mutiny act as a model, and on June 30, 1775, the Congress promulgated articles, 69 in number, for the government of the Continental troops. These articles were adopted from the English, in the same form as our present articles, modified, however, to meet the milder views which were entertained by a people who entertained an objection to a standing army. Additions were made in November of this year, but were repealed by the act of September 30, 1776, and new articles adopted. These articles, 102 in number, were modeled upon the British form and were arranged in 18 sections. With some modifications, they remained in force until 1806. In September, 1789, they were formally recognized and adapted to the new Constitution by the First Congress of the United States. In 1806 the articles, 101 in number, were rearranged and promulgated by Congress (Act of Apr. 10, 1806; 2 Stat. p. 359) ; the divisions into sections were dropped and the old model substituted. These, with five or six modifications, remained in force for nearly 70 years, and were the governing code of the Army until the passage of the act of June 22, 1874 (I\es, Mil. Law, p. 17) (18 Stat. 113). These articles are embodied in the Revised Statutes as sections 1342 and 1343 of that work. MILITARY LAWS OF THE UNITED STATES. 579 Article. 70. Duration of confinement. 71. Copy of charges and time of trial. 72. Who may appoint general courts- martial. Repealed. 73. Commanders of divisions and sep- arate brigades may appoint in time of war. Repealed. 74. Judge advocate. 75. Members of general courts-mar- tial. Repealed. 76. When requisite number not at a post. 77. Regular officers, on what courts may sit. 78. Marine and Regular Army officers associated on courts. 79. Officers triable by general courts- martial. 80. The summary court. Repealed. 81. Regimental courts. Rep.ealed. 82. Garrison courts. Repealed. 83. Jurisdiction of field officers', regi- mental, and garrison courts. Repealed. 84. Oath of members of courts-mar- tial. 85. Oath of judge advocate. 86. Contempts of court. 87. Behavior of members. 88. Challenges by prisoner. 89. Prisoner standing mute. 90. Judge advocate, prosecutor, and counsel for prisoner. 91. Depositions. 92. Oath of witness. 93. Continuances. 94. Hours of sitting. Repealed. 95. Order of voting. 96. Sentence of death. 97. Penitentiaries. 98. Flogging. 99. Discharge and dismissal of of- ficers. 100. Publication of officers cashiered for cowardice or fraud. 101. Suspension of officers' pay. 102. No person tried twice for same offense, etc. 103. Limitation of time of prosecution. SECTION 1342. The armies of the United States shall be governed by the following rules and articles. The word officer, as used therein, shall be understood to designate commissioned officers; the word Article. 104. Approval of sentence by officer ordering court. 105. Confirmation of death sentence. 106. Confirmation of dismissals in time of peace. 107. Dismissal by division or brigade courts. 108. General officers, sentences re- specting. 109. Confirmation by officer ordering court. 110. Confirmation of field officers' sentences. 111. Suspension of sentence of death or dismissal. 112. Pardon and mitigation of sen- tences. 113. Proceedings forwarded to judge advocate general. 114. Party entitled to a copy. 115. Courts of inquiry, how ordered. 116. Members of court of inquiry- 117. Oaths of members and recorder of court of inquiry. 118. Witnesses before courts of in- quiry. 119. Opinion, when given by. 120. Authentication of proceedings of court of inquiry. 121. Proceedings of court of inquiry used as evidence. 122. Command when different corps happen to join. 123. Regular and volunteer officers jn same footing as to rank, etc. Repealed. 124. Rank of militia officers on duty with officer of regular or volun- teer forces. 125. Deceased officers' effects. 126. Deceased soldiers' effects. 127. Effects of deceased officers and soldiers to be accounted for. 128. Articles of War to be published once in six months to every regiment, etc. Section. 1343. Spies. 580 MILITARY LAWS OF THE UNITED STATES. soldier shall be understood to include noncommissioned officers, musi- cians, artificers, and privates, and other enlisted men, and the con- victions mentioned therein shall be understood to be convictions by court-martial. 1 Sec. 134%, R- S. That whenever by any of the Articles of War for the government of the Army the punishment on conviction of any military offense is left to the discretion of the court-martial, the punishment therefor shall not, in time of peace, be in excess of a limit which the President may prescribe. 2 Act of September 87, 1890 (26 Stat. 491). ARTICLE 1. Every officer now in the Army of the United States shall within six months from the passing of this act, and every officer hereafter appointed shall before he enters upon the duties of his office, subscribe these rules and articles. ART. 2. These rules and articles shall be read to every enlisted man at the time of or within six days after his enlistment, and he shall thereupon take an oath or affirmation in the following form : " I, A. B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America ; that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war." This oath may be taken before any commis- sioned officer of the Army. 3 1 The Army and Navy of the United States are engaged in the performance of public, not private, duties. Service in the army or navy of one's country, ac- cording to the terms of the enlistment, never implies slavery or involuntary servitude, even where the soldier or sailor is required against his will to respect the terms upon which he voluntarily engaged to serve the public. Involuntary service rendered for the public, pursuant as well to the requirements of a stat- ute as to a previous voluntary engagement, is not, in any legal sense, either slavery or involuntary servitude. (Robertson v. Baldwin, 165 U. S., 275, 299.) (Dissenting opinion of Justice Harlan.) 2 Under the authority conferred by this statute executive orders have been issued prescribing limits of punishment for offenses to which specific penalties are not attached in the Articles of War. 3 The taking of the oath prescribed by this article is not an essential to the validity of an enlistment. It is, however, an almost invariable part of a regular formal enlistment, and in the absence of any provision in our law defining in what an enlistment shall consist, it is important that it should not be omitted for the reason that the oath as taken and subscribed by the party constitutes the regular and in some cases the only legal written evidence that the personal act of enlisting has been completed by him. Dig. of J. A. G., 603 IA 2 and 602, note 1. See Grimley's case (137 U. S., 147), in which it was held that the oath of allegiance was the pivotal fact which changed the status from that of civil- ian to soldier. Section 11 of the act of August 3, 1861 (12 Stat. 239), conferred authority to administer the oath of allegiance upon any commissioned officer of the Army. The statement in regard to age, incorporated in the printed blank which con- tains the form of oath prescribed by this article, is no part whatever of the legal oath. (Dig. Op. J. A. G.. 603 IA 2a.) As to the method of enlistment in the case of volunteers, see Dig. Op. J. A. G., 604, note 3. By direction of the Secretary of War, suqh of the Articles of War as relate specially to the duties and rights of enlisted men and the penalties for mili- tary crimes will be plainly read, and so far as necessary, explained to each MILITARY LAWS OF THE UNITED STATES. 581 ART. 3. Every officer who knowingly enlists or musters into the military service any minor over the age of sixteen years without the written consent of his parents or guardians, or any minor under the age of sixteen years, or any insane or intoxicated persons, or any deserter x from the military or naval service of the United States, or any person who has been convicted of any infamous criminal offense shall, upon conviction, be dismissed from the service or suffer such other punishment as a court-martial may direct. 2 Fraudulent enlistment, and the receipt of any pay or allowance thereunder, is hereby declared a military offense and made punish- able, by a court-martial, under the sixty-second Article of War. 8 Sec. 3, Act of July 27, 189% (27 Stat. 277). ART. 4. No enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field officer of the regiment to which he belongs, or by the commanding officer, when no field officer is present ; and no discharge shall be given to an enlisted man before his term of service has expired, except by order of the President, the Secretary of War, the commanding officer of a depart- ment, or by sentence of a general court-martial.* recruit just before administering to him the oath of enlistment. (G. O. 210, A. G. O., 1899.) 1 As to reenlistment of deserters or those whose previous service has not been honorable, see 1052. 2 Whether enlistments are void or voidable, see Dig. Op. J. A. G., 607 f 5 and f 6, and notes thereunder. 8 As to fraudulent enlistment, see Dig. Op. J. A. G., 605-610 I A 9 a-I A 9 o, and notes thereunder. 4 The 4th Article of War prescribes that " no enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field officer of the regiment to which he belongs, or by the commanding officer when no field officer is present," &c. In the corresponding Article (the llth) of the Articles of War of 1806 the language was : " After a non-commissioned officer or soldier shall have been duly enlisted and sworn, he shall not be dismissed the service without a discharge in writing; and no discharge granted to him shall be sufficient which is not signed by a field officer of the regiment to which he belongs or commanding officer when no field officer of the regiment is present," &c. The Article of 1806 was almost word for word a repetition of Article 2 of Section III of the Articles of 1776, as the latter was of Article 2 of Section III of the British Articles of 1774, from which the American Articles were copied. Among the offences made punishable by the British Mutiny Act of 1774 is found a soldier's listing himself " in any other regiment, troop, or company, without a discharge produced, in writing, from the colonel, or, in his absence, the field officer commanding in chief the regiment, troop, or company in which he last served as a listed soldier " which will be recognized as relating to the same subject with our present 50th (formerly 22d) Article of War. This provision of the Mutiny Act can be traced back to 1716, when it ap- peared in the following words : " Or being a soldier actually listed in any regi- ment shall list himself into any other regiment without a discharge from the first regiment." In 1717 it was : " Or being a soldier actually listed in any regi- ment shall list privately in another without discharge." The Article of War at this time (1717) was as follows: " No Non-commission Officer, or Soldier, shall leave his Troop or Company, and inlist himself in any other Regiment, Troop, or Company, without a Dis- charge from the Commanding Officer of the Regiment in which he last served 582 MILITARY LAWS OF THE UNITED STATES. ART. 5. Any officer who knowingly musters as a soldier a person who is not a soldier shall be deemed guilty of knowingly making a false muster, and punished accordingly. ART. 6. Any officer who takes money, or other thing, by way of gratification, on mustering any regiment, troop, battery, or company, or on signing muster-rolls, shall be dismissed from the service, and shall thereby be disabled to hold any office or employment in the service of the United States. ART. 7. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison, shall, in the beginning of under Pain of being reputed a Deserter, and suffering Death for it, or such other Punishment as a Court-Martial shall inflict. "And in case any Officer shall knowingly receive, or entertain, any such Non- commission Officer or Soldier ; upon Proof made thereof before a General Court- Martial, he shall be cashiered : " Nor shall any Discharge granted to any Non-commission Officer, or Soldier be allowed of as sufficient, unless signed by a Field Officer of the Regiment whence. such Soldier was dismissed." This appears to have been the first Article of War which required a discharge in writing. (Clode Mil. & Mar. Law, 2d Ed. p. 260, n.) In the Articles of War of William and Mary, of 1692, there was an article which read as follows : " No commission officer after enrollment and being mustered shall be dis- missed or cashiered without order from His Majesty; the General, or Com- mander in Chief for the time being, or a General Court-Martial. But the Cap- tains with the approbation of their Colonels or of the Governors of the Garri- son, where they are, may discharge any non-commission officer or private soldier when they find cause, taking other non-commission officer or private soldier in their places ; Provided that such Colonel or Governor shall forthwith certify the same to the Commissary-General of the Musters, that (by their approba- tion) such non-commission officers or soldiers were discharged, and others taken in their places respectively, and in Quarters and Garrisons where there are only single troops, or companies, the Captains' Certificates are forthwith to be sent and accepted by the Commissary-General, expressing the day of each non- commission officers and soldiers discharge or death, and who hath been enter- tained in his place." This article contained no requirement of a discharge in writing. In a celebrated case Grant v. Gould decided in 1792, Lord Loughborough said: "A person in pay as a soldier is fixed with the character of a soldier, and if once he becomes subject to the military character, he never can be released, but by a regular discharge." By " regular discharge " it has been understood that Lord Loughborough meant discharge in writing. Accepting this as correct, there is an important fact to be taken into consideration in connection with Lord Loughborough's ruling, namely that at that time, as well as in 1717, when what was probably the original article was adopted, enlistments were for life. Under Queen Anne a three years' term was general; under the special circum- stances of 1745 men were enlisted for two years ; and in 1759 and 1775 the term was three years, or till the end of the war. (Army Book of the British Em- pire, p. 17.) And again in 1793 enlistments were for a limited time. But in 1792, as well as in 1717, they were for life, and it was with reference to this fact that Lord Loughborough's frequently cited decision was rendered. It might be held that on account of this fact a peculiar meaning attached to the Article of War which could not be given to it when enlistments were for lim- ited terms. Clode says : " It must not be supposed that the ' discharge ' is the only test of status. It was held so to be in Grant v. Gould, but then the enlist- ment being for life, the onus of proof rested on the enlisted soldier to prove his discharge." (Clode, p. 260.) In speaking of the "discharge" as a test of status he meant the discharge in writing or certificate of discharge. The present law and practice in regard to this subject in Great Britain is thus explained in the " British Manual of Military Law," issued from the War Office: " The terms of the enlistment of a soldier, since he has been enlisted directly by the Crown, have always been to serve the Sovereign so long as his services MILITARY LAWS OF THE UNITED STATES. 583 every month, transmit through the proper channels, to the Depart- ment of War, an exact return of the same specifying the names of the officers then absent from their posts, with the reasons for and the time of their absence. And any officer who, through neglect or de- sign, omits to send such returns, shall, on conviction thereof, be punished as a court-martial may direct. ART. 8. Every officer who knowingly makes a false return to the Department of War, or to any of his superior officers authorized to call for such returns, of the state of the regiment, troop, or company, or garrison under his command ; or of the arms, ammunition, cloth- ing, or other stores thereunto belonging, shall, on conviction thereof before a court-martial, be cashiered. 1 are required, within the period for which he agrees to serve; conseqeuntly the Sovereign has always had power to discharge the soldier. But a soldier can not be discharged except by order of the Sovereign or by statutory power, such as the sentence of a court martial, to which is added in the Army act, an ' order of the competent military authority.' "A soldier on his discharge is entitled to receive a certificate of discharge, so as to show that he is properly discharged and is not a deserter." This clearly shows the difference between the act of discharge and the certifi- cate of discharge, and may be accepted as a correct statement of the law, ex- cept perhaps when enlistments were for life. The history of the article does not therefore require the construction that the delivery of a certificate of dis- charge is necessary to a valid discharge and that a soldier can not get out of service without a written discharge. Nor will an application of the well-estab- lished rules of construction lead to such a conclusion. Whatever, may have been the meaning of the article when the term of service was for life, it seems clear that when the enlistment is for a term of years only, and the soldier, therefore, has a legal right to his discharge on the expiration of the term, this right can not be set at naught by his forcible retention in the service. If this should be attempted he would be protected by the (Federal) civil courts, who would not hesitate to release him from the military service on a writ of ftabeas corpus, without any regard to a military discharge. But the military discharge in writing is prescribed as a regular procedure in terminating the service, and its issuance is, therefore, an act done in the per- formance of a public duty; and the most reasonable construction of the 4th Article of War is that it is a direction as to the manner of performing a public act, and that, in the absence of language making it impossible to give it this meaning, it is to be regarded as directory only. For the foregoing reasons and in consideration of long-established practice, held, that a certificate of discharge is not necessary to a discharge, but that a soldier may be discharged without a certificate or before he is furnished with s certificate, upon notice actual or constructive, and that when volunteers are mustered out it is that act that separates them from the service. From report of Judge Advocate General, January 2, 1901. (See Card 9556 W. D. Cir., Feb. 15, 1901.) As to discharge by purchase or on account of dependent parent, see para. , ante. For decisions upon discharge, see Dig. Op., J. A. G., pp. 433-463. lr This article refers only to returns made by certain commanders as such. It is only as commander of a regiment, company, or garrison that an officer can be made amenable to a charge under the article. An officer not exercising one of these commands is not within its terms. (Dig. Opin. J. A. Gen., par. 1. Ed. 1901.) In 1872 an officer of the line of the Army, on duty as post quartermaster at Paducah, Ky., was tried for a violation of this article in making false returns of the property for which he was responsible, and was convicted. As the article applies exclusively to officers exercising the specific commands named in the statute, and as the officer in this exercised no one of the commands so specified, the findings under the eighth article were disapproved by the reviewing au- 584 MILITARY LAWS OF THE UNITED STATES. ART. 9. All public stores taken from the enemy shall be secured for the service of the United States; and for neglect thereof the commanding officer shall be answerable. 1 ART. 10. Every officer commanding a troop, battery, or company, is charged with the arms, accouterments, ammunition, clothing, or other military stores belonging to this command, and is accountable to his colonel in case of their being lost, spoiled, or damaged other- wise than by unavoidable accident, or on actual service. ART. 11. Every officer commanding a regiment or an independent troop, battery, or company, not in the field, may, when actually quar- tered with such command, grant furloughs to the enlisted men, in such numbers and for such time as he shall deem consistent with the good of the service. Every officer commanding a regiment, or an in- dependent troop, battery, or company, in the field, may grant fur- loughs not exceeding thirty days at one time, to five per centum of the enlisted men, for good conduct in the line of duty, but subject to the approval of the commander of the forces of which said enlisted men form a part. Every company officer of a regiment, commanding any troop, battery, or company not in the field, or commanding in any garrison, fort, post, or barrack, may, in the absence of his field officer, grant furloughs to the enlisted men, for a time not exceeding twenty days in six months, and not to more than two persons to be absent at the same time. thority. (Gen. Court-Martial Orders, No. 12, War Dept, 1872. See, also, G. C. M. O., No. 19, War Dept, 1872.) That this article does not refer to funds, see Dig. Op., J. A. G., 120, VIII A. A false return of a company fund would more properly be charged under another article, as the sixty-first or sixty-second. (See Military Law and Precedents, Winthrop, 856-858; also Military Law, Davis, 360-361.) 1 The title to property captured from an enemy in war vests, at the instant of capture, in the captor's Government, which may make such disposition of it as it may deem expedient. The policy and practice of the United States, as to the property captured on land, has been to retain it for governmental uses or to sell it and convert the proceeds to its own use. (See the "Captured and abandoned property act" (act of Mar. 12, 1863), in the chapter entitled EM- PLOYMENT OF MILITARY FORCE, ETC.) This provision is in accordance with the principle of the law of nations and of war, that enemy's property duly captured in war becomes the property of the government or power by whose forces it is taken, and not that of the indi- viduals who take it. ( U. S. v . Klein, 13 Wallace, 136 ; Decatur v. U. S., Devereux, 110; White v. Red Chief, 1 Woods, 40; Branner v. Felkner, 1 Heisk., 232; Worthy v. Kinamon, 44 Ga., 299; Huff v. Odom, 49 id., 395; XIII Opin. Att. Gen., 105; Hough (Practice), 329, 330; G. O. 54, Headquarters of Army, Mexico, 1848; G. O. 21, War Department, 1848; G. O. 64, 107, id., 1862. And see also Lamar v. Browne, 2 Otto, 195, in regard to the same principle as illustrated by the captured and abandoned property act of March 12, 1863.) "Private per- sons can not capture for their own benefit." (Worthy v. Kinamon, supra.) Mil- itary stores taken from the enemy, becoming upon capture the property of the United States, Congress, which by the Constitution (Article I, section 8, para- graph 11; Article IV, section 3, paragraph 2) is exclusively vested with the power to dispose of the public property, as well as to make rules concerning captures on land and water, can alone authorize the sale or transfer of the same. An officer or soldier of the Army who assumes of his own authority to appropriate such articles renders himself chargeable with a military offense. (See, in this connection, section 5313, Revised Statutes.) Id., par. 3. MILITARY LAWS OF THE UNITED STATES. 585 ART. 12. At every muster of a regiment, troop, battery, or company, the commanding officer thereof shall give to the mustering officer certificates, signed by himself, stating how long absent officers have been absent and the reasons of their absence. And the commanding officer of every troop, battery, or company shall give like certificates, stating how long absent noncommissioned officers and private sol- diers have been absent and the reasons of their absence. Such reasons and time of absence shall be inserted in the muster rolls opposite the names of the respective absent officers and soldiers, and the certifi- cates, together with the muster rolls, shall be transmitted by the mus- tering officer to the Department of War, as speedily as the distance of the place and muster will admit. ART. 13. Every officer who signs a false certificate, relating to the absence or pay of an officer or soldier, shall be dismissed from the service. 1 ART. 14. Any officer who knowingly makes a false muster of man or horse, or who signs, or directs, or allows the signing of any muster roll, knowing the same to contain a false muster, shall, upon proof thereof by two witnesses, before a court-martial, be dismissed from the service, and shall thereby be disabled to hold any office or employ- ment in the service of the United States. 2 ART. 15. Any officer who, willfully or through neglect, suffers to be lost, spoiled, or damaged, any military stores belonging to the United States, shall make good the loss or damage, and be dismissed from the service. ART. 16. Any enlisted man who sells, or willfully or through neg- lect wastes the ammunition delivered out to him, shall be punished as a court-martial may direct. ART. 17. Any soldier who sells or through neglect loses or spoils his horse, arms, clothing, or accouterments shall be punished as a court-martial may adjudge, subject to such limitations as may be pre- scribed by the President by virtue of the power vested in him. 3 1 Held that the mere signing by an officer of a voucher for his pay before the last day of the month for which it was due did not constitute an offense of the class intended to be made punishable by this article. (Dig. Op. J. A. Gen., par. 4, Ed. 1901.) 2 For a case in which an officer was convicted of false muster (although the offense was erroneously charged under the sixty-first article) see G. O., 183, A. G. O., 1863. 'This article is quite independent of the regulations contained in article 60, Army Regulations, relating to surveys of property. The latter pass upon ques- tions of pecuniary responsibility for the loss, etc., of public property. The court-martial, under this article, simply imposes punishment. (Id., 120, XVII O.) Improper dispositions of property in the charge and use of soldiers, other than the dispositions indicated in this article, will in general properly be charged under article 62. Likewise the selling, through neglect losing, etc., by soldiers, of property issued to them, but not mentioned in article 17, should be charged under article 62. Thus held that a selling or losing of the following articles was not punishable under article 17, but under article 62, viz, sheets, 586 MILITARY LAWS OF THE UNITED STATES. ART. 18. Any officer commanding in any garrison, fort, or barracks of the United States who, for his private advantage, lays any duty or imposition upon, or is interested in, the sale of any victuals, liquors, or other necessaries of life, brought into such garrison, fort, or barracks, for the use of the soldiers, shall be dismissed from the service. ART. 19. Any officer who uses contemptuous or disrespectful words against the President, the Vice-President, the Congress of the United States, of the chief magistrate or legislature of any of the United States in which he is quartered, shall be dismissed from the service, or otherwise punished, as a court-martial may direct. Any soldier who so offends shall be punished as a court-martial may direct. ART. 20. Any officer or soldier who behaves himself with disrespect toward his commanding officer shall be punished as a court-martial may direct. 1 ART. 21. Any officer or soldier who, on any pretense whatsoever, strikes his superior officer, or draws or lifts up any weapon, or offers any violence against him, being in the execution of his office, or dis- obeys any lawful command of his superior officer, shall suffer death, or such other punishment as a court-martial may direct. 2 pillows, pillowcases, mattress covers, shelter tent, barrack bag, greatcoat strap, tin cup, spoon, knife, fork, meat-ration can, cartridges. (Id., par. 8, Ed. 3001.) That the clothing issued to a soldier is public property, see Dig. Op. J. A. G., 863 II A 3 a (4) (d), and section 35 Criminal Code (35 Stat. 1095). For a definition of accouterments, see Dig. Op. J. A. G., 1084. lr The disrespect here indicated may consist in acts or words (G. O. 44, De- partment of Dakota, 1872. And see G. C. M. O. 28, War Department, 1875; G. O. 47, Department of the Platte, 1870) ; and the particular acts or words relied upon as constituting the offense should properly be set forth in substance in the specification. (G. C. M. O. 35, Department of the Missouri, 1872.) It must be shown in evidence under the charge that the officer offended against was the "commanding officer" of the accused. (G. O. 53, Department of Da- kota, 1871.) The commanding officer of an officer or soldier in the sense of this article is properly the superior who is authorized to require obedience to his orders from such officer or soldier, at least for the time being. Thus where a battalion was temporarily detached from a regiment and placed under the orders of the commander of a portion of the Army distinct from that in which the main part of the regiment was included, held that it was the commander of this portion who was the commanding officer of the detachment, and that the use by an officer of such detachment of disrespectful language in reference to the regimental commander (who had remained with and in commit ud of the main body of the regiment) was properly chargeable not under this article, but rather under the sixty-second. (Id., par. 14. Ed. 1901.) That the use of abusive language toward a commanding officer may consti- tute an offense under article 61, see Dig. Op. J. A. G., 488-17 a. a As to knowledge that person assaulted is superior in rank, was in the execu- tion of his office, that the command was lawful and the responsibility of decid- ing upon the lawfulness of the command, see Dig. Op. J. A. G., 539. As to failure to perform a routine duty see Id., 121-122. As to power to execute sentence of death see Id., 122 E 2. The first duty of a soldier is obedience, and without this there can be neither discipline nor efficiency in an army. (McCall v. McDowell, 15 Fed. Cas., 1235.) To insure efficiency an army must be, to a certain extent, a despotism. Each officer is invested with an arbitrary power over those beneath him, and the soldier who enlists in the army waives, in some particulars, his rights as a civilian, surrenders his personal liberty during the term of his enlistment, MILITARY LAWS OF THE UNITED STATES. 587 ART. 22. Any officer or soldier who begins, excites, causes, or joins in any mutnr^ or sedition, in any troop, battery, company, party, post, detachment, or guard, shall suffer death, or such other punish- ment as a court-martial may direct. 1 ART. 23. Any officer or soldier who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or having knowledge of any intended mutiny or sedition, does not, without delay, give information thereof to his commanding officer, shall suffer death, or such other punishment as a court-martial may direct. ART. 24. All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, whether among persons belonging to his own or to another corps, regiment, troop, battery, or company, and to order officers into arrest, and noncommissioned offi- cers and soldiers into confinement, who take part in the same, until their proper superior officer is acquainted therewith. And whoso- ever, being so ordered, refuses to obey such officer or noncommis- sioned officer, or draws a weapon upon him, shall be punished as a court-martial may direct. 2 and consents to come and go at the will of his superior officers. He agrees to become amenable to the military courts, to be disciplined for offenses unknown to the civil law, to relinquish his right of trial by jury, and to receive punish- ments which, to the civilian, seem out of all proportion to the magnitude of the offense. (U. S. v. Clarke, 3 Fed. Rep., 713 Brown, J.) An army is not a deliberative body. It is the executive arm. Its law is that of obedience. No question can be left open as to the right to command in the officer, or the duty of obedience in the soldier. Vigor and efficiency on the part of the officer and confidence among the soldiers in one another are impaired if any question be left open as to their attitude to each other. (In re Grimley, 137 U. S., 153.) The fact that any stated duty is enjoined in regulations or orders does not in itself render a nonperformance of such duty a disobedience of orders in viola- tion of the twenty-first article; but to support this charge it is essential that there should be shown an intentional disregard of authority as is evinced by a willful refusal or omission to comply with the specific command of a superior officer. (G. C. M. O. 26, War Dept, 1872.) An order given by a military officer to his private should be obeyed by the private, and will be his full protection in a criminal prosecution, unless the ille- gality of the order is so clearly shown on its face that a man of ordinary sense and understanding would know when he heard it read or given that the order was illegal. (In re Fair et al., 100 Fed. Rep., 149; Riggs v. State, 3 Cold., 85 (Tenn.) ; McCall v. McDowell, Fed. Cases, No. 8673; U. S. v. Clark, 31 Fed. Rep., 710; in re Grimley, 137 U. S., 147; in re Lewis, 83 Fed. Rep., 159; in re Waite, 81 Fed. Rep., 359.) Whatever may be the rule in time of war and in the presence of actual hos- tilities, military officers can no more protect themselves than civilians for actual wrongs, committed in time of peace, under orders emanating from a source which is itself without authority in the premises. Hence, a military officer seizing liquors supposed to be in Indian country, when they are not, is liable to an action as a trespasser. (Bates v. Clark, 95 U. S., 204.) 1 For definition of mutiny, see Dig. Op. J. A. G., 123-A. As to whether acts should be charged as mutiny, see id., 123-B and 564, d 16. As to joinder of offenders for trial, see M. C. M., par. 7, p. 17. "As to the common-law authority for a bystander to arrest an affrayer, see Dig. Op. J. A. G., 124, footnote 1. Force used. The force to be used in quelling an affray or maintaining the peace is that only which is necessary to secure or subdue the offenders. It does 588 MILITARY LAWS OF THE UNITED STATES. ART. 25. No officer or soldier shall use any reproachful or pro- voking speeches or gestures to another. Any officer who so offends shall be put in arrest. Any soldier who so offends shall be confined, and required to ask pardon of the party offended, in the presence of his commanding officer. 1 ART. 26. No officer or soldier shall send a challenge to another officer or soldier to fight a duel, or accept a challenge so sent. Any officer who so offends shall be dismissed from the service. Any sol- dier who so offends shall suffer such punishment as a court-martial may direct. 2 ART. 27. Any officer or noncommissioned officer, commanding a guard,- who, knowingly and willingly, suffers any person to go forth to fight a duel, shall be punished as a challenger; and all seconds or promoters of duels, and carriers of challenges to fight duels, shall be deemed principals, and punished accordingly. It shall be the duty of any officer commanding an army, regiment, troop, battery, com- pany, post, or detachment, who knows or has reason to believe that a challenge has been given or accepted by any officer or enlisted man under his command, immediately to arrest the offender and bring him to trial. 3 ART. 28. Any officer or soldier who upbraids another officer or soldier for refusing a challenge shall himself be punished as a chal- lenger; and all officers and soldiers are hereby discharged from any disgrace or opinion of disadvantage which might arise from their not consist of repeated blows, inflicted by way of punishment for past deeds, but must be such force as is preventive in character, and must not exceed the strict necessity of the case requiring such acts of prevention. No officer has authority to inflict punishment for past offenses of any kind. This authority is possessed by courts only. (G. O., No. 4, A. G. O., 1843; see also par. 7 of G. O. 53, A. G. O., of 1842.) In suppressing disorders, etc., means should be proportioned to ends to be gained; violent measures, clearly unnecessary, will not be justified. (TJ. S. v. Carr, 1 Woods, 480.) For a case in which it became incumbent upon a junior officer to " part and quell " an affray, and, in the performance of his duty under this article, to give orders to a military superior who was a participant in the disturbance, see General Court-Martial Orders, No. 20, War Department, of 1880. 1 That this article confers on courts-martial jurisdiction to punish, see Dig. Op. J. A. G., 124, XXV A. 2 See id., 124, XXVI A. It may be noted that our Articles of War, unlike the British, fail to make punishable, as a specific military offense, the engaging in a duel. Such an act, therefore, would, as such, be in general chargeable only under article 62. 8 On the general subject of challenges, and the question what constitutes a challenge, see the principal cases of the sending of challenges in our service, as published in G. O. 64, A. G. O., 1827; G. O. 39, 41, id., 1835; G. O. 2, War De- partment, 1858; G. O. 330, id., 1863; G. O. 11, Army of the Potomac, 1861; G. O. 46, Department of the Gulf, 1863 ; G. O. 223, Department of the Missouri, 1864; G. O. 130, id., 1872; G. O. 33, Department and Army of the Tennessee, 1864. And compare Commonwealth v. Levy, 2 Wheeler, Cr. C., 245 ; Common- wealth v. Tibbs, 1 Dana, 524; Commonwealth v. Hart, 6 J. J. March, 119; State v. Taylor, 1 So. Ca., 108; State v. Strickland, 2 Nott & McCord, 181; Ivey v. State, 12 Ala., 277; Aulger v. People, 34 111., 486; 2 Bishop, Cr. L., sec. 314; Samuel, 384-387 ; State v. Gibbons, 1 South, 51. MILITARY LAWS OF THE UNITED STATES. 589 having refused to accept challenges, as they will only have acted in obedience to the law, and have done their duty as good soldiers, who subject themselves to discipline. ART. 29. Any officer who thinks himself wronged by the command- ing officer of his regiment, and, upon due application to such com- mander, is refused redress, may complain to the general commanding in the State or Territory where such regiment is stationed. The general shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit to the Department of War a true statement of such complaint, with the proceedings had thereon. 1 ART. 30. Any soldier who thinks himself wronged by any officer may complain to the commandig officer of his regiment, who shall summon a regimental court-martial for the doing of justice to the complainant. Either party may appeal from such regimental court- martial to a general court-martial ; but if, upon such second hearing, the appeal appears to be groundless and vexatious, the party appeal- ing shall be punished at the discretion of said general court-mar- tial. 2 ART. 31. Any officer or soldier who lies out of his quarters, garri- son, or camp, without leave from his superior officer, shall be pun- ished as a court-martial may direct. 1 That this article is expressly confined to cases of alleged wrongs on the part of regimental commanders. See Dig. Op. J. A. G., 125 XXIX A. As to regi- mental commanders' reports on efficiency reports, see id., B. The right in charges and appeals is not to be exercised in any mode or style the subordinate pleases, but with some reasonable circumspection, and in good faith, and in subjection to the controlling law of discipline, which, to sustain military authority, requires obedience and forbids disobedience to commanding officers. These rights, and the mode of exercising them, have been well and carefully defined in the General Order from the War Department of No. 16 of 1851. Under color of charges or appeals, a subordinate has no right to avail himself of the opportunity to behave with contempt to his commanding officer. Where such a case is alleged in the specifications, a court-martial will entertain and try the charge. (G. O. No. 1, A. G. O., 1856.) 3 That this article is not inconsistent with the old eighty-third article of war (now repealed), see Dig. Op. J. A. G., 125 XXX A. As to other matters relating to this court see id., 125-126. This court, being in the nature of a special court, is not affected by the act of March 2, 1913, which repealed the eighty-third article of war and established the special court-martial. In the case of Brevet-Major Henshaw, tried by court-martial in 1856 for disrespect to his commanding officer, Major Andrews, Seventh Infantry, the conduct of Major Andrews was thus remarked on by the Secretary of War: "An experienced officer who had served with him (Major A.) admits his treat- ment of his men to be harsh and violent and his conduct very reprehensible in this respect. This was the considerate testimony of a friendly witness, and is such evidence of the fact as calls for a decided expression of the opinion of the President. A commanding officer has no right to be insulting, harsh, or abusive to those in his command. Both officers and enlisted men are equally entitled to be protected from ill-treatment by him. An officer who commits such offenses is wanting in some of the essential qualifications for command, and it is to be regretted that a thorough investigation of this matter was not made by putting Major Andrews on trial. (G. O. No. 1, A. G. O., 1851.) 590 MILITARY LAWS OF THE UNITED STATES. ART. 32. Any soldier who absents himself from his troop, battery, company, or detachment, without leave from his commanding officer, shall be punished as a court-martial may direct. 1 ART. 33. Any officer or soldier who fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous, appointed by his commanding officer, or goes from the same, without leave from his commanding officer, before he is dismissed or relieved, shall be punished as a court- martial may direct. ART. 34. Any soldier who is found one mile from camp, without leave in writing from his commanding officer, shall be punished as a court-martial may direct. ART. 35. Any soldier who fails to retire to his quarters or tent at the beating of retreat shall be punished according to the nature of his offense. ART. 36. No soldier belonging to any regiment, troop, battery, or company shall hire another to do his duty for him, or be excused from duty, except in cases of sickness, disability, or leave of absence. Every such soldier found guilty of hiring his duty, and the person so hired to do another's duty, shall be punished as a court-martial may direct. ART. 37. Every noncommissioned officer who connives at such hir- ing of duty shall be reduced. Every officer who knows and allows such practices shall be punished as a court-martial may direct. ART. 38. Any officer who is found drunk on his guard, party, or other duty, shall be dismissed from the service. Any soldier who so offends shall suffer such punishment as a court-martial may direct. No court-martial shall sentence any soldier to be branded, marked, or tattooed. 2 ART. 39. Any sentinel who is found sleeping upon his post, or who leaves it before he is regularly relieved, shall suffer death, or such other punishment as a court-martial may direct. 3 1 As to various decisions respecting a soldier's absence without leave, see Dig. Op. J. A. G., 15 and 16, sec. 1265 R. S., that an officer absent without leave shall forfeit all pay and allowances unless the absence be excused as unavoid- able. The deduction of pay does not affect the right to punish by court-martial. As to the commission of two offenses by one absence, see Dig. Op. J. A. G., 126 XXXII B, 127 XXXII C. 2 See Dig. Op. J. A. G., 127 A-C 1 ; 141 B 5-6 ; 148 C 13-14 ; 149 D ; 488, 18 A ; 503 D 5 ; 511 8 B ; 530 A 8-9 ; 540, 9 a ; 543, 2 d ; 607 f 5. That the duty in this case means military duty, see Military Law and Prece- dents, Winthrop, 949-950. We are of the opinion that officers of the Army are in the eye of the law on military duty, although employed as such officers under statute of the United States in the public service on duties not in them- selves pertaining to the Army. Carter v. McClaughry, 183 U. S., 399. 8 See Dig. Op. J. A. G., 128, XXXIX A ; 540, 10 a. The general guide in all matters relating to guard duty is the Manual of Guard Duty. See par. 441, A. R., 1913. MILITARY LAWS OF THE UNITED STATES. 591 ART. 40. Any officer or soldier who quits his guard, platoon, or division without leave from his superior officer, except in a case of urgent necessity, shall be punished as a court-martial may direct. ART. 41. Any officer who, by any means whatsoever, occasions false alarms in camp, garrison, or quarters shall suffer death, or such other punishment as a court-martial may direct. ART. 42. Any officer or soldier who misbehaves himself before the enemy, runs away, or shamefully abandons any fort, post, or guard, which he is commanded to defend, or speaks words inducing others to do the like, or casts away his arms or ammunition, or quits his post or colors to plunder or pillage, shall suffer death, or such other punishment as a court-martial may direct. 1 ART. 43. If any commander ol any garrison, fortress, or post is compelled, by the officers and soldiers under his command, to give up to the enemy or to abandon it, the officers or soldiers so offend- ing shall suffer death, or such other punishment as a court-martial may direct. ART. 44. Any person belonging to the armies of the United States who makes known the watchword to any person not entitled to receive it, according to the rules and discipline of war, or presumes to give a parole or watchword different from that which he received, shall suffer death, or such other punishment as a court-martial may direct. ART. 45. Whosoever relieves the enemy with money, victuals, or ammunition, or knowingly harbors or protects an enemy, shall suffer death, or such other punishment as a court-martial may direct. 2 ART. 46. Whosoever holds correspondence with, or gives intelli- gence to, the enemy, either directly or indirectly, shall suffer death, or such other punishment as a court-martial may direct. 8 ART. 47. Any officer or soldier who, having received pay, or having been duly enlisted in the service of the United States, deserts the same, shall, in time of war, suffer death, or such other punishment as a court-martial may direct ; and in time of peace, any punishment, excepting death, which a court-martial may direct. 4 ART. 48. Every soldier who deserts the service of the United States ^hall be liable to serve for such period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall be tried by a court-martial 1 See Dig. Op. J. A. G., 128, XLII A-B ; 400, 1 E. 3 See Dig. Op. J. A. G.. 128 XLV, A, B, C, Cl. For the definition of treason see Constitution, Art. Ill, sec. 3. See also sees. 1-8, Act of Mar. 4, 1900, Crimi- nal Code (35 Stat. 1088-1089). For a definition of war rebels and war traitors see G. O. 100, A. G. O., 1863. That pillage is forbidden by the laws of war see Chap. XI, F. S. R. ' See Dig. Op. J. A. G., 129, XLVI, A-B. 4 See note to next article. 592 MILITARY LAWS OF THE UNITED STATES. and punished, although the term of his enlistment may have elapsed previous to his being apprehended and tried. 1 ART. 49. Any officer who, having tendered his resignation, quits his post or proper duties, without leave and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of the same, shall be deemed and punished as a deserter. ART. 50. No noncommissioned officer or soldier shall enlist him- self in any other regiment, troop, or company without a regular dis- charge from the regiment, troop, or company in which he last served, on a penalty of being reputed a deserter and suffering accordingly. 2 And in case any officer shall knowingly receive and entertain such noncommissioned officer or soldier, or shall not, after his being dis- covered to be a deserter, immediately confine him and give notice thereof to the corps in which he last served, the said officer shall, by a court-martial, be cashiered. ART. 51. Any officer or soldier who advises or persuades any other officer or soldier to desert the service of the United States, shall, in time of war, suffer death, or such other punishment as a court- martial may direct ; and in time of peace, any punishment excepting death which a court-martial may direct. 3 ART. 52. It is earnestly recommended to all officers and soldiers diligently to attend divine service. Any officer who behaves inde- cently or irreverently at any place of divine worship shall be brought before a general court-martial, there to be publicly and severely reprimanded by the president thereof. Any soldier who so offends shall, for his first offense, forfeit one-sixth of a dollar ; for each fur- ther offiense he shall forfeit a like sum, and shall be confined twenty- four hours. The money so forfeited shall be deducted from his next pay, and shall be applied, by the captain or senior officer of his troop, battery, or company, to the use of the sick soldiers of the same. 4 1 See Dig. Op. J. A. G., 129-131, and chapter entitled desertion. For the law authorizing rewards to civil officers or citizens for arrest of deserters see par. 1058, ante; also Dig. Op. J. A. G., 402, note 1. For the law as to forfeiture of rights of a citizen see par. 1050, ante. *Held, that an enlisted marine, who abandoned the Marine Corps without a discharge and enlisted in the Army, could not be " reputed a deserter " accord- ing to the terms of this article; but advised that he be turned over to the com- mandant of that corps for the proper disposition and action. (Dig. Op. J. A. G., par. 74. Ed. 1901.) Where a soldier enlisted in a certain regiment, after being officially notified that he was duly discharged from a previous enlistment, but without having received the written certificate and evidence of his discharge, which, by mistake or accident, had not been delivered to him as required by article 4, held, that he could not properly be "reputed" or charged as a deserter. (Id., par. 75.) An enlistment in violation of this article is not void but voidable at the option of the United States only. Until so avoided service under it is valid service. On a trial for an offense committed during such enlistment, a plea by the ac- cused, in bar of trial, that this enlistment, being fraudulent on his part, is void, should not be sustained. (Id., par. 76.) ' See Dig. Op. J. A. G., 131 LI A. 4 See Dig. Op. J. A. G., 131, LII A-B. MILITARY LAWS OF THE UNITED STATES. 593 ART. 53. Any officer who uses any profane oath or execration shall, for each offense, forfeit and pay one dollar. Any soldier who so offends shall incur the penalties provided in the preceding article; and all moneys forfeited for such offenses shall be applied as therein provided. ART. 54. Every officer commanding in quarters, garrison, or on the march shall keep good order, and, to the utmost of his power, re- dress all abuses or disorders which may be committed by any officer or soldier under his command ; and if, upon complaint made to him of officers or soldiers beating or otherwise illtreating any person, dis- turbing fairs or markets, or committing any kind of riot, to the dis- quieting of the citizens of the United States, he refuses or omits to see justice done to the offender and reparation made to the party injured, so far as part of the offender's pay shall go toward such reparation, he shall be dismissed from the service, or otherwise punished, as a court-martial may direct. 1 ART. 55. All officers and soldiers are to behave themselves orderly in quarters and on the march; and whoever commits any waste or spoil, either in walks or trees, parks, warrens, fish-ponds, houses, gardens, grain-fields, inclosures, or meadows, or maliciously destroys any property whatsoever belonging to inhabitants of the United States (unless by order of a general officer commanding a separate army in the field), shall, besides such penalties as he may be liable to by law, be punished as a court-martial may direct. ART. 56. Any officer or soldier who does violence to any person bringing provisions or other necessaries to the camp, garrison, or quarters of the forces of the United States in foreign parts, shall suffer death, or such other punishment as a court-martial may direct. ART. 57. Whosoever, belonging to the armies of the United States in foreign parts, or at any place within the United States or their Territories during rebellion against the supreme authority of the United States, forces a safeguard, shall suffer death. ART. 58. In time of war, insurrection, or rebellion, larceny, rob- bery, burglary, arson, mayhem, manslaughter, murder, assault and battery with an intent to kill, wounding, by shooting or stabbing, with an intent to commit murder, rape, or assault and battery with an intent to commit rape, shall be punishable by the sentence of a general court-martial, when committed by persons in the military service of the United States, and the punishment in any such case shall not be less than the punishment provided, for the like offense, 1 See Dig. Op. J. A. G., 132-133. The pay of the offender or offenders can be resorted to only for the purpose of the " reparation." A military commander can have no authority to add a further amount of stoppage by way of punishment. (Dig. Op. J. A. G., par. 82, edition of 1901.) 48985 15 38 594 MILITARY LAWS OF THE UNITED STATES. by the laws of the State, Territory, or district in which such offense may have been committed. 1 ART. 59. When any officer or soldier is accused of a capital crime, or of any offense against the person or property of any citizen of any of the United States, which is punishable by the laws of the land, the commanding officer, and the officers of the regiment, troop, battery, company, or detachment, to which the person so accused belongs, are required, except in time of war, upon application duly made by or in behalf of the party injured, to use their utmost en- deavors to deliver him over to the civil magistrate, and to aid the officers of justice in apprehending and securing him, in order to bring him to trial. If, upon such application, any officer refuses or will- fully neglects, except in time of war, to deliver over such accused person to the civil magistrates, or to aid the officers of justice in ap- prehending him, he shall be dismissed from the service. 2 ART. 60. Any person in the military service of the United States who makes or causes to be made any claim against the United States, or any officer thereof, knowing such claim to be false or fraudulent; or Who presents or causes to be presented to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof, knowing such claim to be false or fraudulent ; or Who enters into any agreement or conspiracy to defraud the United States by obtaining, or aiding others to obtain, the allow- ance or payment of any false or fraudulent claim ; or Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States, or against any officer thereof, makes or uses, or procures or advises the making or use of, any writing or other paper, knowing the same to contain any false or fraudulent statement ; or Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the making 1 See Dig. Op. J. A. G., 133-134, 488, 15 a. Held (November, 1865) that military courts were still empowered to exercise the jurisdiction conferred by this article, the status belli not having yet been declared to be terminated, either by the Executive or Congress. A court-martial, of course, could have no authority whatever to decide whether the war was ended. (Id., par. 89, edition 1901.) 2 See Dig. Op. J. A. G., 134 to 138. This article does not apply to the service by a sheriff on an officer or soldier of a subpO3na to appear as a witness before a civil court. In such a case, indeed, the civil official should, as a matter of comity, apply first to the post commander, whether or not the post be within the exclusive jurisdiction of the United States. It will then be for the commander, in comity, to facilitate the service and to issue the necessary permit or order to enable and cause the officer or soldier to attend the court. (Dig. Op. J. A. G., par. 104. Ed. 1901.) MILITARY LAWS OF THE UNITED STATES. 595 of, any oath to any fact or to any writing or other paper, knowing such oath to be false ; or Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signature, knowing the same to be forged or counter- feited; or Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the military service thereof, knowingly delivers, or causes to be de- livered, to any persons having authority to receive the same, any amount thereof less than that for which he receives a certificate or receipt; or Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States, furnished or in- tended for the military service thereof, makes, or delivers to any person, such writing, without having full knowledge of the truth of the statements therein contained, and with intent to defraud the United States; or Who steals, embezzles, knowingly and willfully misappropriates, applies to his own use or benefit, or wrongfully or knowingly sells or disposes of any ordnance, arms, equipments, ammunition, cloth- ing, subsistence stores, money, or other property of the United States, furnished or intended for the military service thereof ; or Who knowingly purchases, or receives in pledge for any obliga- tion or indebtedness, from any soldier, officer, or other person who is a part of or employed in said forces or service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other prop- erty of the United States, such soldier, officer, or other person not having lawful right to sell or pledge the same, Shall, on conviction thereof, be punished by fine or imprison- ment, or by such other punishment as a court-martial may adjudge, or by any or all of said penalties. And if any person, being guilty of any of the offenses aforesaid, while in the military service of the United States, receives his discharge, or is dismissed from the serv- ice, he shall continue to be liable to be arrested and held for trial and sentence by court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed. 1 Act of Mar. 2, 1901 (31 Stat. 951). 1 See Dig. Op. J. A. G. 138 LX to 140 LXI ; 488, 16b ; 144, Note 1. A charge of embezzlement under this article would not lie where the money or property embezzled was not public money, but belonged to the post, company, 596 MILITARY LAWS OF THE UNITED STATES. ART. 61. Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be dismissed from the service. 1 ART. 62. All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regi- mental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punishable at the discretion of such court. 2 ART. 63. All retainers to the camp, and all persons serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war. 3 or exchange funds; such money not being public money within the scope of article 60. (G. C. M. O 27, War Dept, 1872 ; see ,also, G. C. M. O. 4, id., 1873.) Under the grant of jurisdiction to a court-martial conferred by the 60th Article of War, providing that any person in the military service who misap- propriates any money of the United States, " furnished or intended for the military service thereof," shall be punished, etc., such a court has no power to convict an officer of the Army for misappropriating money appropriated by Congress for the improvement of rivers and harbors. (In re Carter, 97 Fed. Rep., 496.) Such a conviction, however, may be had where the misappropria- tion of such funds is charged as a violation of article 62. When an officer who had been sentenced to forfeit all pay due, but whose sentence had -not yet been approved or published, presented pay accounts to the paymaster for his pay and received the amount of the same, held, that he was not triable for the offense of presenting a fraudulent claim under this article. (Id., par. 108, edition 1901.) Repeated false statements of the accused relative to the public moneys for which he was accountable are competent evidence going to sustain a charge of embezzlement under this article. (Dig. Op. J. A. G., par. 120, ed. 1901.) 1 See Dig. Op. J. A. G. 140 LXI A to 143 LXII A ; 488, 17a. According to the accepted principle of interpretation, by which articles of war enjoining a specific punishment or punishments are held to be in this par- ticular both mandatory and exculsive, no sentence other than one of simple dismissal can legally be adjudged upon a conviction under this article. A sen- tence which adds to dismissal any other penalty or penalties, as disqualifica- tion for office, forfeiture of pay, imprisonment, etc., is valid and operative only as to the dismissal, and as to the rest should be formally disapproved as being unauthorized and of no effect. (Dig. Op. J. A. G., par. 142, ed. 1901. See Dig. Op. J. A. G., 489, D 19.) The mere acceptance by an officer of compensation from private parties (civil- ians) whom, by permission of his superior, he assists in a private undertaking, though it may be an indelicate act, is not an offense under this article. Of the propriety of such conduct an officer must judge for himself. (Dig. Op. J. A. G., par. 144, ed. 1901.) a See Dig. Op. J. A. G., 143 LXII A to 151 LXIII A ; 488, 18 a to 489, 19. Where an offense is specifically provided for in any of the Articles of War prior to the sixty-second, the grant of jurisdiction to a court-martial to try and punish such offense is conferred by the particular article which mentions it, and not by the general language of the sixty-second article, providing for the trial and punishment of offenses not capital, and all disorders, etc., though not mentioned in the preceding articles. (In re Carter, 97 Fed. Rep., 496.) "To determine when an army is "in the field" is to decide the question raised. These words imply military operations with a view to an enemy. Hostilities with Indians seem to be as much within their meaning as any other kind of warfare. To enable the officers of an army to preserve good order and discipline is the object of this article, and these may be as necessary in the face of hostile savages as in the front of any other enemy. When an MILITARY LAWS OF THE UNITED STATES. 597 ART. 64. The officers and soldiers of any troops, whether militia or others, mustered and in pay of the United States shall at all times and in all places be governed by the Articles of War and shall be subject to be tried by courts-martial. 1 ART. 65. Officers charged with crime 2 shall be arrested and con- fined in their barracks, quarters, or tents, and deprived of their army is engaged in offensive or defensive operations, I think it is safe to say that it is an army " in the field." To decide exactly where the boundary line runs between civil and military jurisdiction, as to the civilians attached to an army ,is difficult ; but it is quite evident that they are within military jurisdiction, as provided for in said ar- ticle, when their treachery, defection, or insubordination might endanger or em- barrass the army to which they belong in its operations against what is known in military phrase as " an enemy." Possibly the fact that troops found in a region of country chiefly inhabited by Indians, and remote from the exercise of civil authority, may enter into the description of " an army in the field." Persons who attach themselves to an expedition against hostile Indians may be understood as agreeing that they will submit themselves, for the time being, to military control. (XIV Opin. Att. Gen., 22; G. O. 17, A. G. O., 1872.) A civil employee of the United States in time of peace is most clearly not made amendable to the military jurisdiction and trial by court-martial by the fact that he is employed in an office connected with the administration of the military branch of the Government. Such employment does not make him a part of the military establishment, nor is his offense, however nearly it may affect the military service, "a case arising in the land forces" in the sense of article 5 of the amendments to the Constitution. So held (June, 1877) that a civilian clerk employed in time of peace in the office of the chief quarter- master at San Francisco was manifestly not amendable, under this article or otherwise, to trial by court-martial for the embezzlement or misapplica- tion of Government funds appropriated for the Quartermaster Department. (See the confirmatory opinion in this case of the Attorney-General of May 15, 1878, XVI Opin., 13.) And remarked that if this official could be made liable to such jurisdiction, all the male and female clerks employed in the War Department might upon the same principle be held thus amendable for offenses against the Government committed in connection with their duties. And so held in the case of a civilian clerk employed at Camp Robinson, Nebraska, charged with conspiring with contractors to defraud the United States, the post not being within the theater of any Indian war or hostilities pending at the period of the offense. (See opinion, to a similar effect, of the Attorney- General of June 15, 1878, XVI Opins., 48.) Id., par. 167. (Dig. Op. J. A. G., edition of 1901.) Held, (April, 1877) that superintendents of national cemeteries, being no part of the Army, but civilians (see section 4874, Revised Statutes), were clearly not amendable to military jurisdiction or trial under this article or otherwise. (See, to the same effect, the opinion of the Attorney-General of May 15, 1878, XVI Opin., 13, referred to in note a.) (Dig. Op. J. A. G., par. 168, ed. 1901.) See also Dig. Op. J. A. G. 151, LXIII A to 152 LXV. That general prisoners are within the jurisdiction of courts-martial, see par. 493, ante, and also Manual for Courts-Martial, page 128, sec. 5. 1 Military offenses are not territorial. (See Manual for Courts-Martial, p. 14.) So held that an officer who exhibited himself in an intoxicated condition at a public ball in Mexico, though not present in any military capacity, was amenable for his offense to the jurisdiction of a court-martial in Texas. (Dig. Op. J. A. G., par. 169, ed. 1901; Houston v. Moore, 5 Wh., 20.) a The term " crime " is here employed in a general sense, referring to offenses of a military character as well as to those of a civil character which are cognizable by court-martial. (Compare Wolton v. Gavin, 16 Ad. & EL, 66, 68; Simmons, sec. 360.) An offense in violation of this article is only com- mitted when an officer confined in " close arrest " to his quarters leaves the same without authority. A breach of a mere formal arrest or of any arrest not accompanied by confinement to quarters would be an cffense not within this article, but under article 62. (Dig. Op. J. A. G., par. 170, ed. 1901.) Simply disobeying an order to proceed and report in arrest to a certain com- mandsr held not an offense chargeable under this article. Id., par 171. 598 MILITARY LAWS OF THE UNITED STATES. swords by the commanding officer. And any officer who leaves his confinement before he is set at liberty by his commanding officer shall be dismissed from the service. 1 ART. 66. Soldiers charged with crimes shall be confined until tried by court-martial or released by proper authority.* ART. 67. No provost-marshal, or officer commanding a guard, shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the forces of the United States ; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime charged against the pris- oner. 3 ART. 68. Every officer to whose charge a prisoner is committed shall, within twenty-four hours after such commitment, or as soon as he is relieved from his guard, report in writing, tc the command- ing officer, the name of such prisoner, the crime charged against him, and the name of the officer committing him; and if he fails to make such report, he shall be punished as a court-martial may direct. ART. 69. Any officer who presumes, without proper authority, to release any prisoner committed to his charge, or suffers any prisoner so committed to escape, shall be punished as a court-martial may direct.* 1 The requirement of this article that an offender "shall be dismissed" is held to be exclusive of any other punishment. A sentence of dismissal with forfeiture of pay is unauthorized and inoperative as to the forfeiture, and as to this should be disapproved. (Dig. Op. J. A. G., par. 174, ed. 1901.) 2 Soldiers held in military arrest, while they may be subjected to such re- straint as may be necessary to prevent their escaping or committing violence, can not legally be subjected to any punishment. The imposition of punishment upon soldiers while thus detained has been on several occasions emphatically denounced by department commanders. (See, for example, the remarks of such commanders in G. O., 23, Department of the East, 1863 ; G. O., 26, Department of California, 1866; G. O., 23, Department of the Lakes, 1870; G. O., 106, De- partment of Dakota, 1871. And compare remarks of Justice Story in Steere v. Field, 2 Mason, 516. Dig. Op. J. A. G., par. 175, Ed. 1901. See also Dig. Op. J. A. G., 152 LXVI.) 8 In the English case of Wolton v. Gavin (16 Ad. and El., 70) it was decided that " a commanding officer receiving a soldier charged with desertion by a noncommissioned officer, who delivered a written signed charge of the same, is justified under this article in detaining such soldier. He is t>ound to receive the prisoner under the article of war and he is not liable to an action for so doing. It makes no difference whether the crime be civil or military. The fact that a man is prima facie a soldier, and enlistted, is sufficient to bring him under the article of war. The duty of receiving arises eo instanti as soon as he is presented. If such imprisonment proves illegal, the committing officer becomes re- sponsible, the duty of the officer commanding the guard being ministerial merely. See, in this connection, the case of McCall v. McDowell, 1 Abbott, 212. 4 General Order 204 of 1908, fixing the maximum punishments, appoints dif- ferent limits of punishment for willfully and for negligently allowing an escape as separate offenses. A charge for suffering an escape under this article should therefore indicate, in the specification, whether the act is alleged to be willful or negligent only. MILITAKY LAWS OF THE UNITED STATES. 599 ART. 70. No officer or soldier put in arrest shall be continued in confmment more than eight days, or until such time as a court- martial can be assembled. 1 ART. 71. When an officer is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose order he is arrested shall see that a copy of the charges on which he is to be tried is served upon him within eight days after his arrest, and that he is brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of said ten days. If a copy of the charges be not served, or the arrested officer be not brought to trial, as herein required, the arrest shall cease. But officers released from arrest, under the provisions of this article, may be tried whenever the exigencies of the service shall permit, within twelve months after such release from arrest. 2 ART. 72. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 73. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 74. Officers who may appoint a court-martial shall be com- petent to appoint a judge-advocate for the same. 3 That whenever a court-martial shall sit in closed session the judge- advocate shall withdraw, and when his legal advice or his assistance in referring to recorded evidence is required it shall be obtained in open court. Sec. 2, act of July 27, 1892 (27 Stat. 278) . ART. 75. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 76. When the requisite number of officers to form a general court-martial is not present in any post or detachment, the command- ing officer shall, in cases which require the cognizance of such a court, report to the commanding officer of the department, who shall there- upon order a court to be assembled -at the nearest post or department at which there may be such a requisite number of officers, and shall 1 Detaining soldiers in arrest for long and unreasonable periods, when it is practicable to bring them to trial, is arbitrary and oppressive, and in contra- vention both of the letter and spirit of this article. Whether the delay in any case is to be regarded as so far unreasonable as properly to subject the com- mander responsible therefor to military charges or a civil action must depend upon the circumstances of the situation and the exigencies of the service at the time. (Compare Blake's case, 2 Maule & Sel., 428; Bailey v. Warden, 4 id., 400. Dig. Op. J. A. G., par. 177, Ed. 1901.) 2 See Dig. Op. J. A. G., 152 LXXI A to 153 LXXII A. "The judge advocate of a military court shall have power to appoint a re- porter, who shall record the proceedings of, and testimony taken before, such court, and may set down the same in the first instance in shorthand. The reporter shall before entering upon his duty be sworn or affirmed faithfully to perform the same. (Sec. 1203, R. S.) Hereafter enlisted men may be detailed to serve as stenographic reporters for general courts-martial, courts of inquiry, military commissions, and retiring boards, and while so serving shall receive extra pay at the rate of not exceeding 5 cents for each 100 words taken in shorthand and transcribed, such extra pay to be met from the annual appropriation for expenses of courst-martial, etc. (Act of Aug. 24, 1912, 37 Stat. 575. See Dig. Op. J. A. G., 496-502.) 600 MILITARY LAWS OF THE UNITED STATES. order the party accused, with necessary witnesses, to be transported to the place where the said court shall be assembled. ART. 77. Officers of the Regular Army shall not be competent to sit on courts-martial to try the officers or soldiers of other forces, except as provided in Article 78. 1 ART. 78. Officers of the Marine Corps, detached for service with the Army by order of the President, may be associated with officers of the Regular Army on courts-martial for the trial of offenders be- longing to the Regular Army, or to forces of the Marine Corps so detached; and in such cases the orders of the senior officer of either corps, who may be present and duly authorized, shall be obeyed. 2 ART. 79. Officers shall be tried only by general courts-martial, and no officer shall, when it can be avoided, be tried by officers inferior to him in rank. 3 ART. 80. Repealed. 4 ART. 81. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 82. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 83. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 84. The judge-advocate shall administer to each member of the court, before they proceed upon any trial, the following oath, which shall also be taken by all members of regimental and garrison courts-martial : "You, A B, do swear that you will well and duly try and determine, 5 according to evidence, the matter now before you, between the United /States of America and the prisoner to be tried, and that you will duly administer justice, without partiality, favor, or affection, according to the provisions of the rules and articles for the government of the armies of the United States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper au- thority, except to the judge-advocate; neither will you disclose or 1 See Dig. Op. J. A. G., 158 LXXVII, A 1, 2, 3. 2 See par. 456, ante. 1 See Dig. Op. J. A. G., 493, le. 4 The summary court was established by the act of October 1, 1890 (26 Stat 648). This act was supplemented and amended by the act June 18, 1898 (30 Stat. 484). Both of these acts were repealed by the act of March 2, 1913 (37 Stat. 723). For this act see page 614 post. 6 It is a departure from the engagement expressed in the body of the oath to try and determine according to evidence, and administer justice according to the Articles of War, etc. for a court-martial to determine a case either upon personal knowledge of the facts possessed by the members and not put in evi- dence, or according to the private views of justice of the members independently of the provisions of the code (c). (Dig. Op. J. A. G. 97, par. 3. Ed. 1901. See Dig. Op. J. A. G. 161, LXXXIV A to 162 LXXXVI A.) c Compare G. O. 21, Department of the Ohio, 1866 ; G. C. M. O. 41, Department of Texas, 1874. MILITAKY LAWS OF THE UNITED STATES. 601 discover the vote or opinion of any particular member of the court- martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God." Act of July 27, 1892 (27 Stat. 278). ART. 85. When the oath has been administered to the members of a court-martial, the president of the court shall administer to the judge-advocate, or person officiating as such, an oath in the following form: "You, A B, do swear that you will not disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in due course of law / nor divulge the sentence of the court to any but the proper authority until it shall be duly disclosed by the same. So help you God." ART. 86. A court-martial may punish, at discretion, any person who uses any menacing words, signs, or gestures, in its presence, or who disturbs its proceedings by any riot or disorder. 1 ART. 87. All members of a court-martial are to behave with de- cency and calmness. ART. 88. Members of a court-martial may be challenged by a prisoner, but only for cause stated to the court. The court shall determine the relevancy and validity thereof, and shall not receive a challenge to more than one member at a time. 2 1 Contempts, broadly considered, are of two kinds direct and constructive. Contempts committed in the presence of the court, sitting judicially, or so near as to interfere with the orderly course of procedure, are direct contempts. Con- tempts committed, not in presence of the court, but which tend, by their opera- tion, to interrupt, obstruct, embarrass, or prevent the due and orderly adminis- tration of justice, are constructive contempts. (Indianapolis Water Co. v. The American Strawboard Co., 75 Fed. Rep., 972.) Over the former, direct con- tempts courts-martial are endowed with jurisdiction by the terms of the eighty- sixth Article of War; in respect to the latter, constructive contempts, when committed by persons not subject to military jurisdiction, courts-martial are without jurisdiction. (See Dig Op. J. A. G. 162, 163, LXXXVI.) 58 This article authorizes the exercise of the right of challenge before all courts except summary courts. These courts are not subject to be challenged, because, being composed of but one member, there is no authority provided which is competent to pass upon the validity of the challenge. At the trial of an officer in 1853, the accused challenged a member of the court " for bias, prejudice, and malice." The challenged member thereupon stated " that he had no prejudice or bias against the accused which could in the remotest degree interfere with his doing justice in the case," but, " being challenged, he requested to be relieved from sitting on the court," which the court refused, and overruled the challenge. The accused then requested that the member might be put on his voir dire in order that he might examine him as to the extent of any prejudice he might entertain, which application the court also refused. This refusal of the right of an accused person to place a chal- lenged member on his voir dire, in order to ascertain whether the grounds of challenge advanced by him were or were not sufficient, was disapproved by the Secretary of War upon the ground that " an accused is now allowed in all cases, for the better security of an impartial trial, to show the mind of the juror by examining him before the court, and the only exception is where the cause of the challenge goes to the disgrace or discredit of the juror." (G. O. No. 21, War Dept, of 1853.) In the case of an enlisted man tried in 1875, the judge-advocate of the court was the principal witness against the prisoner and was directly interested in 602 MILITARY LAWS OF THE UNITED STATES. ART. 89. When a prisoner, arraigned before a general court-martial, from obstinacy and deliberate design, stands mute, or answers for- eign to the purpose, the court may proceed to trial and judgment as if the prisoner had pleaded not guilty. 1 ART. 90. The judge advocate, 2 or some person deputed by him, or by the general or officer commanding the Army, detachment, or gar- rison, shall prosecute in the name of the United States, but when the prisoner has made his plea, he shall so far consider himself counsel for the prisoner as to object to any leading question to any of the wit- nesses, and to any question to the prisoner the answer to which might tend to criminate himself. ART. 91. The depositions of witnesses residing beyond the limits of the State, Territory, or district in which any military court may be ordered to sit, if taken on reasonable notice to the opposite party and duly authenticated, may be read in evidence before such court in cases not capital. 3 ART. 92. All persons who give evidence before a court-martial shall be examined on oath, or affirmation, in the following form : " You swear (or affirm) that the evidence you shall give, in the case now in his conviction. In this case it was remarked by the reviewing officer (the Secretary of War) that "it was not contemplated that a prisoner would be .brought to trial before this court on charges which raised the question whether its judge-advocate had not himself been guilty of official misconduct. But such was the fact in this case. The judge-advocate had a personal interest in the conviction of the prisoner and was also the principal witness against him." Under such circumstances the officer should have applied to the proper au- thority to be relieved from duty as judge-advocate. The proceedings were disapproved. (G. C. M. O. No. 41, War Dept, 1875; see also G. C. M. O. 66, 1875. See Dig. Op. J. A. G., 502 IV-N.) The accused were Indian scouts, charged with mutiny. Some of the members of the court, though disclaiming any prejudice against the accused personally, were aware that they were present at the outbreak, and were fully apprised, from their own personal presence or knowledge of the circumstances, that the mutiny, which had involved homicide, constituted a most aggravated offense of the class. Held that as these members could scarcely avoid applying their impressions to the accused when shown to be connected with the disorder, they would fairly have been subject to objection as triers. (Id., par. 253, Ed. 1901.) That an accuser or a witness for the prosecution can no longer sit as a member of a general or special court, see page 615, post. It is not necessary (though usual and proper) for a member to withdraw from the court room on being challenged and pending the deliberation on the objection. (See Dig. Op. J. A. G., 163, LXXXVIII A. B. C. ; 550-551 C 2, C 2 a ; 562 a(15) ; 573 E 10; 575 F 7; 1070 (d) [1].) 1 See Dig. Op. J. A. G., 516 E 2 to 518 E 5 b. as to pleas in general. a Whenever a court-martial shall sit in closed session the judge advocate shall withdraw, and when his legal advice or his assistance in referring to recorded evidence is required it shall be obtained in open court. ( Sec. 2, act of July 27, 1892, 27 Stat. 278.) That judge advocates of departments and of courts-martial, and the trial officers of summary courts, are hereby authorized to administer oaths for the purposes of the administration of military justice, and for other purposes of military administration. (Sec. 4, id.) For decisions upon the subject of judge advocate, see Dig. Op. J. A. G.,. 496 to 503. 8 See Dig. Op. J. A. G., 163 XCI A to 165 XCIII ; also Manual for Courts- Martial. MILITAKY LAWS OF THE UNITED STATES. 603 hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God." x 1 This article prescribes a single specific form of oath to be taken by all wit- nesses. The Constitution, however (article 1 of amendment), has provided that Congress shall make no law prohibiting the free exercise of religion. Where, therefore, the prescribed form is not in accordance with the religious tenets of a witness, he should be permitted to be sworn according to the ceremonies of his own faith or as he may deem binding on his conscience. (See 1 Greenl. Ev., sec. 371; O'Brien, 260. Dig. Op. J. A. G., par. 274, note 2, ed. 1901.) The article does not prescribe by whom the oath shall be administered. By the custom of the service it is administered by the judge advocate. (And see now the provision of the act of July 27, 1892, sec. 4.) When the judge advocate himself takes the witness stand, he is properly sworn by the president of the court. (Id., par. 274.) That courts-martial follow in general, so far as apposite, the common-law rules of evidence as observed by the United States courts in criminal cases. See p. 45, Manual for Courts-Martial* The competency of a witness to testify in any civil action, suit, or proceed- ing in the courts of the United States shall be determined by the laws of the State or Territory in which the court is held. (Act of June 29, 1906, 34 Stat. 618.) In the trial of all indictments, informations, complaints, and other proceed- ings against persons charged with the commission of crimes, offenses, and mis- demeanors, in the United States courts, Territorial courts, and courts-martial, and courts of inquiry, in any State or Territory, including the District of Colum- bia, the person so charged shall, at his own request, but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him. (Act of Mar. 16, 1878, 20 Stat. 30.) That in any proceeding before a court or judicial officer of the United States where the genuineness of the handwriting of any person may be involved, any admitted or proved handwriting of such person shall be competent evidence as a basis for comparison by witnesses, or by the jury, court, or officer conducting such proceeding, to prove or disprove such genuineness. (Act of Feb. 26, 1913, 37 Stat. 683.) The jury in a criminal case are not bound by the expert evidence as to hand- writing any further than it coincides with their own opinion or than they think it deserves to be credited. (U. S. v. Molloy, 31 Fed. Rep., 19.) Documentary evidence. Copies of any books, records, papers, or documents in any of the executive departments, authenticated under the seals of such de- partments, respectively, shall be admitted in evidence equally with the originals thereof. (Sec. 882, R. S.) See in this connection, Dig. Op. J. A. G., 533, 17 a (1) to 536, 17 c. Copies of any documents, records, books, or papers in the office of the Solic- itor of the Treasury, certified by him under the seal of his office, or, when his office is vacant, by the officer acting as solicitor for the time, shall be evidence equally with the originals. (Sec. 883, R. S.) When suit is brought in any case of delinquency of a revenue officer, or other person accountable for public money, a transcript from the books and proceed- ings of the Treasury Department, certified by the Secretary or an Assistant Secretary of the Treasury and authenticated under the seal of the Department, or, when the suit involves the accounts of the War or Navy Departments, certi- fied by the auditors respectively charged with the examination of those ac- counts, and authenticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the cause shall be authorized to grant judgment and award execution accordingly. And all copies of bond^, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by such auditor to be true copies of the originals on file, and authenticated under the seal of the department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument, and the defend- ant pleads " non est factum," or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the pro- duction of the original bond, contract, or other paper specified in such affi- 604 MILITARY LAWS OF THE UNITED STATES. davit. ( Sec. 17, act of July 31, 1894, 28 Stat. 210 ; Walton v. U. S., 9 Wh., 651 ; U. S. v. Buford, 3 Pet., 12 ; Smith v. U. S., 5 Pet., 292 ; Cox v. U. S., 6 Pet, 172 ; U. S. v. Jones, 8 Pet, 375; Gratiot v. U. S., 15 Pet, 336; U. S. v. Irving, 1 How., 250 ; Hoyt v. U. S., 10 How., 109 ; Bruce v. U. S., 17 How., 437 ; U. S. v. Edwards, 1 McLean, 467 ; U. S. v. Hilliard et al., 3 McLean, 324 ; U. S. v. Lent, 1 Paine, 417; U. S. v. Martin, 2 Paine, 68; U. S. v. Van Zandt, 2 Cr. C. C.) Upon the trial of any indictment against any person for embezzling public moneys, it shall be sufficient evidence, for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the Treasury Department, as provided by the preceding section. (Sec. 887, R. S.) A copy of any return of a contract returned and filed in the returns office of the Department of the Interior, as provided by law, when certified by the clerk of the said office to be full and complete, and when authenticated by the seal of the department, shall be evidence in any prosecution against any officer for falsely and corruptly swearing to the affidavit required by law to be made by such officer in making his return of any contract, as required by law, to said returns office. (Sec. 888, R. S.) Extracts from the Journals of the Senate or of the House of Representatives, and of the Executive Journal of the Senate when the injunction of secrecy is removed, certified by the Secretary of the Senate or by the Clerk of the House of Representatives, shall be admitted as evidence in the courts of the United States, and shall have the same force and effect as the originals would have if produced and authenticated in court. (Sec. 895, R. S.) Copies of all official documents and papers in the office of any consul, vice consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, certified under the hand and seal of such officer, shall be admitted in evidence in the courts of the United States. (Sec. 896, R. S.) The acts of the legislature of any State or Territory, or of any country sub- ject to the jurisdiction of the United States, shall be authenticated by having the seals of such State, Territory, or country affixed thereto. The records and judicial proceedings of the courts of any State or Territory, or of any such coun- try, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate that the said attestation is in due form. And the said records and judicial proceed- ings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken. ( Sec. 905, R. S. ) (Ferguson v. Harwood, 7 Cr.. 408 ; Mills v. Duryea, 7 Cr., 481 ; U. S. v. Amedy, 11 Wh., 392 ; Buckner v. Finley, 2 Pet, 592 ; Owings v. Hull, 9 Pet., 627 ; Urtetiqui v. D'Arbel, 9 Pet., 700 ; Mc- Elmoyle v. Cohen, 13 Pet., 312; Stacey v. Thrasher, 6 How., 44; Bank of Alabama v. Dalton, 9 How., 522; D'Arcy v. Ketchurn, 11 How., 165; Railroad v. Howard, 13 How., 307 ; Booth v. Clark, 17 How., 322 ; Mason v. Lawrason, 1 Cr. C. C., 190; Buford v. Hicknian, Hemp., 232; Craig v. Brown, Pet. C. C., 354; Stewart v. Gray, Hemp., 94; Gardner v. Lindo, 1 Cr. C. C., 78; Trigg v. Conway, Hemp., 538 ; Turner v. Waddington, 3 Wash. C. C., 126 ; Catlin v. Un- derbill, 4 McL., 199 ; Morgan v. Curtenius, 4 McL., 366 ; Hale v. Brotherton, 3 Cr. C. C., 594; Mewster v. Spalding, 6 McL., 24; Parrot v. Habersham, 1 Cr. C. C., 14 ; Talcott v. Delaware Ins. Com., 2 Wash. C. C., 449 ; James v. Stookey, 1 Wash. C. C., 330; Bennett v. Bennett, Dist. Crt, Oregon, 1867.) The courts of the United States take judicial notice of the public statutes of the several States. (Merchants Exch. Bank v. McGraw, 59 Fed Rep., 972; Owings v. Hull, 9 Peters, 625; Bank v. Francklyn, 120 U. S., 747; Lamar v. Micou, 114 U. S., 857; Gormley-v. Bunyan, 138 U. S., 453.) The testimony of a credible witness, whether a lawyer or a layman, with reasonable means of information, to the effect that a volume containing what purports to be a statute of a foreign country is commonly received in the busi- ness and courts of such country as such, is competent and sufficient proof of the existence of such statute. (Dundee Mortgage and Investment Co. v. Cooper, 26 Fed. Rep., 665.) All records and exemplifications of books which may be kept in any public office of any State or Territory, or of any country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other State or Territory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding MILITARY LAWS OF THE UNITED STATES. 605 justice of the court of the county, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal of the State, or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifica- tions, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken. (Sec. 906, R. S.) The edition of the laws of the United States, published by Little & Brown, shall be competent evidence of the several public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof. (Sec. 90S, R. S.) See, in respect to the Revised Statutes and Statutes at Large of the United States, paragraphs 307-323, ante. Every judge advocate of a court-martial shall have power to issue the like process to compel witnesses to appear and testify which courts of criminal jurisdiction within the State, Territory, or District where such military courts shall be ordered to sit may lawfully issue. (Sec. 1202, R. S.) See Manual for Courts-Martial 35-39; see also Dig. Op. J. A. G. The authority to issue process to compel civilian witnesses to appear and testify is vested, by section 1202, Revised Statutes, in " every judge advocate of a court-martial." The present statute, however (unlike the original form), does not extend the authority to recorders of courts of inquiry. Further, the authority, being vested exclusively and independently in the judge advocate, can not be exercised by the court. The attachment is thus not a writ or process of the court but simply a compulsory instrumentality placed at the disposition of the judge advocate as the prosecuting oflcial representing the United States. (Dig. Op. J. A. G., par. 2478, Ed. 1901.) A judge advocate can not properly direct an attachment to a United States marshal or deputy marshal or other civil official. Some military officer or person should be designated by him, or detailed for the purpose by superior authority. In executing the attachment, the needful force may be employed, but no more. (Id., par. 24S1.) The judge advocate is authorized only to initiate the process of attachment. The statute does not specify by whom it shall be executed, and the judge advocate is not authorized to command any officer or person to serve it, nor has the court any such power. (Id., par. 1551.) The subject of the extent of the authority of the courts to compel telegraph companies to produce original private telegrams for use in evidence is most fully treated in an essay by Henry Hitchcock, Esq., on the " Inviolability of telegrams," published in the Southern Law Review for October, 1879. Every person not belonging to the Army of the United States who, being duly subpoenaed to appear as a witness before a general court-martial of the Army, willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence which such person may have been legally subpoenaed to produce, shall be deemed guilty of a misdemeanor, for which such person shall be punished on information in the district court of the United States; and it shall be the duty of the United States district at- torney, on the certification of the facts to him by the general court-martial, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction, shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of the court : Provided, That this shall not apply to persons resid- ing beyond the State, Territory, or District in which such general court-martial is held, and that the fees of such witness, and his mileage at the rates provided for witnesses in the United States district court for said State, Territory, or District shall be duly paid or tendered said witness, such amounts to be paid by the or to answer any question which may tend to incriminate or degrade him. (Act of Mar. 2, 1901, 31 Stat. 950.) See Manual for Courts-Martial, 38-39, for a similar act by the Philippine Commission, April 28, 1904. 606 MILITAEY LAWS OF THE UNITED STATES. ART. 93. A court-martial shall, for reasonable cause, grant a con- tinuance to either party, for such time, and as often, as may appear to be just: Provided, That if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days. 1 ART. 94. Repealed by act of March 2, 1901 (31 Stat. 951). ART. 95. Members of a court-martial, in giving their votes, shall begin with the youngest in commission. ART. 96. No person shall be sentenced to suffer death except by the concurrence of two-thirds of the members of a general court- martial, and in the cases herein expressly mentioned. 2 ART. 97. No person in the military service shall, under the sentence of a court-martial, be punished by confinement in a penitentiary, unless the offense of which he may be convicted would, by some statute of the United States, or by some statute of the State, Terri- tory, or District in which such offense may be committed, or by the common law, as the same exists in such State, Territory, or District, subject such convict to such punishment. 3 1 See Manual for .Courts-Martial, 31-32 ; also Dig. Op., J. A. G., 165, XCIII, Al, 2. It is not the practice of courts-martial to admit counter affidavits from the opposite party as to what the absent witness would testify. And as to the civil practice, see Williams v. State, 6 Nebr., 334. Compare People v. Thompson, 4 Cal., 238 ; Parker v. State, 55 Miss., 414. A military accused can not be charged with laches in not procuring the at- tendance at his trial of a witness who is prevented from being present by superior military authority. Thus in a case in G. O. 63, Department of Dakota, 1872, an accused soldier was held entitled to a continuance till the return of material witnesses then absent on an Indian expedition. a Though it has sometimes been viewed otherwise, it is deemed quite clear upon the terms of the present article that it is not necessary to the legality of a death sentence that two-thirds of the court should have concurred in the finding as well as the sentence. Further, in the absence of any requirement to that effect in the article, it is not deemed essential to the validity of the sentence that the record should state the fact that two-thirds of the court con- curred therein. The practice, however, has been to add such a statement. (Id., 112, par, 1, Ed. 1901.) Where a death sentence imposed by a court-martial has been directed by the proper authority to be executed on a particular day, and this day, owing to some exigency of the service, has gone by without the sentence being executed, it is competent for the same authority, or his proper superior, to name another day for the purpose, the time of its execution being an immaterial element of this punishment. (Id., par. 288; see also Dig. Op., J. A. G., 165, XCVI, A, B.) In the case of an enlisted man, tried by a general court-martial for a viola- tion of the twenty-first Article of War, the record failed to show affirmatively that two-thirds of the members concurred in the imposition of the death sentence; the sentence was therefore disapproved by the President. G. O. 172, A. G. O., 1862. See, also, G. O. 18, A. G. O., 1863. 'Penitentiary confinement can not be legalized as a punishment for purely military offenses by designating a penitentiary as a "military prison" and Pay Department of the Army out of the appropriation for compensation of witnesses : Provided, That no witness shall be compelled to incriminate himself ordering the confinement there of soldiers sentenced to imprisonment on con- viction of such offenses. (Dig. Op., J. A. G., par. 290; ed. 1901.) Where a court-martial specifically sentences an accused to confinement in a " military prison," he can not legally be committed to a penitentiary, although such form of imprisonment would be authorized by the character of his offense. But where a sentence of confinement is expressed in general terms, as where MILITARY LAWS OF THE UNITED STATES. 607 ART. 98. No person in the military service shall be punished by flogging, or by branding, marking, or tattooing on the body. ART. 99. No officer shall be discharged or dismissed from the service, except by order of the President, or by sentence of a gen- eral court-martial ; and in time of peace no officer shall be dismissed, except in pursuance of the sentence of a court-martial, or in mitiga- tion thereof. 1 it directs that the accused shall be confined "in such place or prison as the proper authority may order," or in terms to such effect, held that the same may, under this article, legally be executed by the commitment of the party to a penitentiary, to be designated by the reviewing officer or Secretary of War, provided, of course, the offense is of such a nature as to warrant this form of punishment. (Id., par. 295.) A conviction of a larceny of property of such slight value as not to authorize this punishment under the local law would not warrant a sentence of confine- ment in a penitentiary. In a case of larceny the court should inform itself as to whether the value of the property stolen be not too small to permit of penitentiary confinement for the offense under the law of the State, etc. (Id., 115, par. 13.) A punishment of confinement in a penitentiary, where legal, may be miti- gated to confinement in a military prison or at a military post. (Id., par. 299.) A military prisoner duly sentenced or committed to a penitentiary becomes subject to the government and rules of the institution. (Id., par. 293.) See Dig. Op., J. A. G., 165, XCVII, A to 166, C A; 415 X, C, 1, 2; 563 a (17) ; 565 g, g 1 ; 569 H 3 ; 583 h (1) ; also pars. 966-967, A. R., 1913. For the method of dealing with prisoners see G. O. 56, War Dept, Sept. 17, 1913, paragraph 15 of which reads as follows : "It is the policy of the War Department to separate, so far as practicable, general prisoners convicted of offenses punishable by penitentiary confinement from general prisoners convicted of purely military offenses or of misdemeanors in connection with purely military offenses. Irf furtherance of this policy re- viewing authorities will designate a penitentiary as the place of confinement of general prisoners sentenced to be confined for more than one year upon con- viction of offenses punishable by confinement in a penitentiary under some statute of the United States or under some statute or other law in force in the locality in which the offense was committed (see 97th Article of War), except in individual cases in which the proved circumstances show that the holding of the prisoners so convicted in prison associations with misdemeanants and military offenders will not be to the detriment of the latter. For general prisoners to be confined in penitentiaries under the foregoing rule, reviewing authorities in the United States or Hawaii will designate the United States Penitentiary at Leavenworth, Kans., as the place of confinement, except that such prisoners as are residents of Hawaii, Porto Rico, and the Canal Zone may be confined in local penitentiaries ; and reviewing authorities in the Philippine Islands will designate the penitentiary at Bilibid, Manila, P. I., as the place of confinement." 1 So an unauthorized dismissal, by order of a regular officer, may be in effect made operative by a subsequent appointment and confirmation of a successor, as in Blake's case. (Dig. Op. J. A. G., par. 1206, ed. 1901.) Held that it could not affect the operation of an order summarily dismissing an officer as " second lieutenant " that, before its being communicated to him by being promulgated to the regiment, he had become by promotion a first lieutenant. (Id., par. 1211.) Where, by the direction of the President, an order was issued canceling the muster-in of a volunteer officer on account of facts indicating that he was not a fit person to hold a commission, held that this was a legal exercise of the authority of summary dismissal for cause vested in the President by the act of July 17, 1862. (Id., par. 1210.) The President had not the same power of dismissal in the case of a volunteer officer as he has in that of a regular officer. This for the reason that the tenure of office of the former is for a fixed term and for a limited time only; the power to dismiss is thus, in his case, not an incident of the appointing power. 608 MILITARY LAWS OF THE UNITED STATES. ART. 100. When an officer is dismissed from the service for cow- ardice or fraud the sentence shall further direct that the crime, punishment, name, and place of abode of the delinquent shall be pub- lished in the newspapers in and about the camp, and in the State from which the offender came or where he usually resides; and after such publication it shall be scandalous for an officer to associate with him. 1 ART. 101. When a court-martial suspends an officer from com- mand, it may also suspend his pay and emoluments for the same time, according to the nature of his offense. 2 But the President was invested with a special power of dismissal of volunteer officers by the act of Congress of July 17, 1862. (Id., par. 1210.) Held that the ruling in Blake's case (103 U. S., 231) was applicable, and that the office of an army officer might legally be vacated by the appointment and commission of a successor, although between the office of the original officer and that of the successor there may have intervened a tenure by a third officer. (Id., par. 1207.) Thus (1) Captain A was dismissed from his office without legal authority; (2) Captain B, an unassigned officer, was assigned to the captaincy of A, and held it till his own resignation, one year and three months later; (3) Lieutenant C was then promoted and appointed to the office and his appointment was con- firmed. Held that Lieutenant C was the legal incumbent of the office. (Id., par. 1207.) Held that the ruling of the Supreme Court in the case of Blake was not applicable to volunteer officers of State organizations, and that a governor of a State, who had duly appointed a certain volunteer officer in a regiment, was not empowered to dismiss him by simply appointing to the same office, commissioning, and causing to be mustered into the United States service another person. (Id., par. 1208.) See also Dig. Op. J. A. G., 819, 2 a to 821, 2 f; 849 I A 1 a ; also Military Law and Precedents, Winthrop, 1143-1173. 1 Though the injunction of the article as to the direction to be added in the sentence should of course regularly be complied with, a failure so to comply will not affect the validity of the punishment of dismissal adjudged by the sentence. (See IV Opins. Att. Gen., 124; XII id., 424-428; XIV id., 527; XV id., 658.) A contrary view expressed by the Court of Claims, in its earlier period, in a series of cases (see Smith v. United States, 2 Ct. Cls. 206; Winters v. United States, 3 id., 136 ; Barnes v. United States, 4 id., 216 ; Montgomery v. United States, 5 id., 93) was finally practically abandoned in McElrath v. United States, 12 id., 201.) The declaration of the article that after the publication "it shall b& scandalous for an officer to associate with " the dismissed officer, though it has in a few cases (see VIII Opins. Att. Gen., 235; XII id., 421; XIII id., 5; McElrath v. United States, 12 Ct. Cls. 202), been incorporated in the sentence, is not intended to be, and should not be, so expressed by the court. Dig. Op. J. A. G., par. 302, ed. 1901. See also Dig. Op. J. A. G. 166, 167, C. A. B. a A suspension from rank does not affect the right of the officer to his office. He retains the same as before, and, as an officer, remains subject as before to military control as well as to the jurisdiction of a court-martial for any military offense committed pending the term of suspension. (Dig. Op. J. A. G., par. 2409, ed. 1901.) A sentence of suspension from rank and pay does not affect the right of the officer to the allowances which are no part of his pay, as the allowance for rent of quarters, as also the allowance for fuel, or rather right to purchase fuel at reduced rate. (Id., par. 2418.) Where an officer, when under a sentence of suspension, is ordered by the commander who approved the sentence, or some higher competent authority, to resume his command or the performance of his regular military duty, such order will, in general, operate as a constructive remission of the punishment and thus terminate .the suspension. (Id., par. 2420.) A sentence, "to be suspended from the Military Academy," in a case of a cadet, practically severs him from the military service as a cadet during the MILITARY LAWS OF THE UNITED STATES. 609 ART. 102. No person shall be tried a second time for the same offense. 1 ART. 103. No person shall be liable to be tried and punished by a general court-martial for any offense which appears to have been committed more than two years before the issuing of the order for such trial, unless, by reason of having absented himself, or of some other manifest impediment, he shall not have been amenable to justice within that period. 2 term of the suspension. It is usually added in such a sentence that at the end of such term the party is to join the next lower class. (Id., par. 2416. But see Dig. Op. J. A. G., 870, III F 1.) Suspension not divesting the officer of his office or commission, but simply holding in abeyance the rights and functions attached to his rank or command, he properly reverts, when the term f the punishment is completed, to his former rank and the command attached thereto, and continues to hold and exerci&e the same as before his arrest or trial. (Id., 733, par. 16.) Under existing usage (1892) an officer suspended by sentence from rank and command is deemed entitled to retain his quarters. But such rule may, in some cases, work a considerable inconvenience as well as prejudice to discipline, as where, for example, the suspended officer is a post commander, and con- tinues, pending the term of his suspension, and while another officer has suc- ceeded him as commander, to occupy the proper commanding officer's quarters. An army regulation prescribing that an officer in such a status shall not be entitled to retain or to select quarters by virtue of rank, but shall have assigned him any quarters that are available at his late station or elsewhere, advised as desirable to be adopted. (Id., par 2413.) Under the ruling of the Secretary of War, as published in circular No. 3 (A. G. O.), 1888, an officer under suspension, but not required by his sentence to be " confined to the limits of his post," is not entitled to forage for his horse or horses during the term of his suspension. (Id., par. 2424.) See Dig. Op. J. A. G., 543-5, 3 A to C and note ; 803 a 2 ; 865, 2 a ; 969 V A, B. 1 See Dig. Op. J. A. G., 167 CII A to 171 Oil I. For syllabus of the Grafton case, 206 U. S., 333, see id., 170, note 2. *No person shall be tried or punished by a court-martial for desertion in time of peace and not in the face of an enemy, committed more than two years before the arraignment of such person for such offense, unless he shall mean- while have absented himself from the United States, in which case the time of his absence shall be excluded in computing the period of the limitation : Provided, That said limitation shall not begin until the end of the term for which said person was mustered into the service. (Act of April 11, 1890, 26 Stat. 54.) Courts of inquiry may be convened without regard to the period which has elapsed since the dates of the act or acts to be investigated. Nor does the limitation apply to the hearing of complaints by regimental courts under article 30. (Dig. Op. J. A. G., par. 318, ed. 1901; VI Op. Att. Gen., 239.) In view of this article, it is the duty of the Government to prosecute an offender within a reasonable time after the commission of the offense. (Dig. Op. J. A. G., par. 319, edition 1901.) It has been held, under the original article, that an officer or soldier could not be legally arrested, with a view to trial, where more than two years (in which he was amenable to justice) had elapsed since his offense. (Id., 123, par. 7.) A court-martial, in a case of an offense other than desertion, sustained a plea of the statute of limitations in bar of trial for the reason that the judge- advocate couid produce no evidence to show that the accused was not within the territorial jurisdiction of the United States during his absence. Held that such showing was not necessary, and that it was sufficient that the absence should be any unauthorized absence from the military service whereby the absentee evades and for the time escapes trial. This construction of the term "absented himself" in the article corresponds to that placed on the words " fleeing from justice," as used in the statutes of the United States to designate 48985 15 39 610 MILITARY LAWS OF THE UNITED STATES. ART. 104. No sentence of a court-martial shall be carried into exe- cution until the same shall have been approved by the officer ordering the court, or by the officer commanding for the time being. 1 Act of July 27, 1892 (27 Stat. 278). ART. 105. No sentence of a court-martial inflicting the punishment of death shall be carried into execution until it shall have been con- firmed by the President, except in the cases of persons convicted in time of war as spies, mutineers, deserters, or murderers, and in the cases of guerrilla marauders convicted in time of war of robbery, burglarly, arson, rape, assault with intent to commit rape, or of viola- tion of the laws and customs of war ; and in such excepted cases the sentence of death may be carried into execution upon confirmation by the commanding general in the field or the commander of the de- partment, as the case may be. ART. 106. In time of peace no sentence of a court-martial directing the dismissal of an officer shall be carried into execution until it shall have been confirmed by the President. ART. 107. No sentence of a court-martial appointed by the com- mander of a division or of a separate brigade of troops directing the dismissal of an officer shall be carried into execution until it shall have been confirmed by the general commanding the army in the field to which the division or brigade belongs. 2 ART. 108. No sentence of a court-martial, either in time of peace or in time of war, respecting a general officer shall be carried into execution until it shall have been confirmed by the President. ART. 109. All sentences of a court-martial may be confirmed and carried into execution by the officer ordering the court, or by the officer commanding for the time being, where confirmation by the President or by the commanding general in the field or commander of the department is not required by these articles. those whom the statutes of limitations for the prosecution of crimes do not protect. (Id., par. 322.) See Dig. Op. J. A. G., 171, GUI A to 174 CIV A. 1 : also Military Law and Precedents, Winthrop, 379-387. Military Law, Davis, 535-536. 1 See Dig. Op. J. A. G., 174, CIV A 1 to 175 CVI A. 2 For instances in which the proceedings in important cases were disapproved by the President on account of their not having been reviewed by the officer ordering the court, see G. O. 55, A. G. O., 1863 ; id., 101, 1863 ; id., 168, 1863, and 180, 1863. In view of the provisions of the one hundred and sixth and this article, held that when in time of war a department commander is the reviewing authority, no confirmation of a sentence of dismissal by higher authority is necessary, but when a division or separate brigade commander is the reviewing authority, such sentence must he confirmed by the general commanding the army in the field to which the division or brigade belongs. And in the latter case, if the division or brigade does not belong to a separate army in the field, the com- manding general of the army of the United States would be the proper con- firming authority, within the meaning of this article. (Dig. Op. J. A. G., par. 338, ed. 1901.) See Dig. Op. J. A. G.,, 175 CVI, CVII. MILITARY LAWS OF THE UNITED STATES. 611 ART. 110. Repealed by act of June 18, 1898 * (30 Stat. 484). ART. 111. Any officer who has authority to carry into execution the sentence of death or of dismissal of an officer may suspend the same until the pleasure of the President shall be known, and in such case he shall immediately transmit to the President a copy of the order of suspension, together with a copy of the proceedings of the court. 2 ART. 112. Every officer who is authorized to order a general court- martial shall have power to pardon or mitigate any punishment adjudged by it, except the punishment of death or of dismissal of an officer. Every officer commanding a regiment or garrison in which a regimental or garrison court-martial may be held, shall have power to pardon or mitigate any punishment which such court may ad- judge. 3 ART. 113. Every judge-advocate, or person acting as such, at any general court-martial, shall, with as much expedition as the oppor- tunity of time and distance of place may admit, forward the original proceedings and sentence of such court to the Judge-Advocate-Gen- eral of the Army, in whose office they shall be carefully preserved. ART. 114. Every party tried by a general court-martial shall, upon demand thereof, made by himself or by any person in his behalf, be entitled to a copy of the proceedings and sentence of such court.* ART. 115. A court of inquiry, to examine into the nature of any transaction of, or accusation or imputation against, any officer or soldier, may be ordered by the President or by any commanding officer; but, as courts of inquiry may be perverted to dishonorable purposes, and may be employed, in the hands of weak and envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a demand by the officer or soldier whose conduct is to be inquired of. 5 1 The One hundred and tenth Article of War, originally enacted as section 7 of the act of July 27, 1862 (12 Stat. 598), and as amended by the act of July 27, 1892 (27 Stat. 278), was repealed by the act of June 18, 1898, which substituted a new summary court for the old summary court, having jurisdiction for the trial of enlisted men for minor offenses committed in time of peace, and for the field officers' court, having similar jurisdiction in time of war. (See the act of Mar. 2, 1913, p. 614, post.) 8 See Dig. Op. J. A. G., 176 CXI A. * See Dig. Op. J. A. G., 176 CXII A 1 to 178. Section 5 of the act of July 27, 1892 (27 Stat. 281), provides "that com- manding officers authorized to approve the sentences of summary courts shall have the power to remit or mitigate the same." ( See also note to par. 2, " The pardoning power.") As the last sentence of article 112 was not specifically repealed by the act of March 2, 1913 (37 Stat. 723), it appears that reviewing authorities of special courts-martial have the power of pardon and mitigation. gee 30-750, Oct. 27, 1913, and Dec. 1, 1913, Oflice J. A. G. 4 See Dig. Op. J. A. G., 178 CXIV A. A court of inquiry should not in general be ordered by an inferior post or regimental commander where the charges required to be investigated are not such as an inferior court-martial could legally take cognizance of. Courts of 612 MILITARY LAWS OF THE UNITED STATES. ART. 116. A court of inquiry shall consist of one or more officers, not exceeding three, and a recorder, to reduce the proceedings and evidence to writing. ART. 117. The recorder of a court of inquiry shall administer to the members the following oath : " You shall well and truly examine and inquire, according to the evidence, into the matter now before you, without partiality, favor, affection, prejudice, or hope of re- ward: So help you God." After which the president of the court shall administer to the recorder the following oath : " You, A B, do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing: So help you God" ART. 118. A court of inquiry, and the recorder thereof, shall have the same power to summon and examine witnesses as is given to courts-martial and the judge- advocates thereof. Such witnesses shall take the same oath which is taken by witnesses before courts- martial, and the party accused shall be permitted to examine and cross-examine them, so as fully to investigate the circumstances in question. ART. 119. A court of inquiry shall not give an opinion on the merits of the case inquired of unless specially ordered to do so. ART. 120. The proceedings of a court of inquiry must be authenti- cated by the signatures of the recorder and the president thereof, and delivered to the commanding officer. inquiry convened by such commanders are, however, of rare occurrence in our service. (Id., par. 367, edition 1901.) A court of inquiry has no power to punish as for a contempt. Such power of this nature as is conferred by article 86 is restricted in terms to courts-martial. Moreover, a court of inquiry, not being in a proper sense a court, can not exercise the strictly judicial function of punishing contempts. A loose observation of Hough (Authorities, 10), that "contempts before courts of inquiry are as much punishable as before courts-martial," has been carelessly repeated by several American writers. The recent English writer, Clode, correctly states the law (as to witnesses) in saying (Mil. and Mar. Law, 198) that a court of inquiry " has no power to punish them for contumacy or silence." The act of March 2, 1901 (31 Stat. 950), providing for the punishment of civilian witnesses refusing to appear or testify, is limited by its terms to general courts-martial. Although neither article 88 nor other provision of the code specfically au- thorizes the challenging of the members of a court of inquiry, yet, in the interests of justice and by the usage of the service in this country, this pro- ceeding is permitted in the same manner as before courts-martial. Article 117 requires that members of courts of inquiry shall be sworn " well and truly to examine and inquire, according to the evidence, without partiality, prej- udice," etc. ; and it is the sense of the service that their competency so to do should be liable to be tried by the same tests as in a case of a court-martial. See Macomb, sec. 204; O'Brien, 292; De Hart, 278. In the joint resolution of Congress of February 13, 1874, authorizing the President to convene a certain special court of inquiry, it was " provided that the accused may be allowed the same right of challenge as allowed by law in trials by court-martial." It appears, however, to have been regarded in the debate on this resolution (see Congressional Record, vol. 2, Nos. 38, 40) that this provision was unnecessary to entitle the party to the privilege. (Dig. Op. J. A. G., par. 368, note 1, ed. 1901.) See Dig. Op. J. A. G., 178 CXV A to 179 CXXII A; 170 CII G; 586 XVIII B; also Military Law and Precedents, Winthrop, 795-822. MILITARY LAWS OF THE UNITED STATES. 613 ART. 121. The proceedings of a court of inquiry may be admitted as evidence by a court-martial, in cases not capital nor extending to the dismissal of an officer: Provided, That the circumstances are such that oral testimony can not be obtained. ART. 122. If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by com- mission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise spe- cially directed by the President, according to the nature of the case. 1 ART. 123. Kepealed by act of March 8, 1910 (36 Stat. 235). ART. 124. Officers of the militia of the several States, when called into the service of the United States, shall on all detachments, courts- martial, and other duty wherein they may be employed in conjunc- tion with the Regular or Volunteer forces of the United States, take rank next after all officers of the like grade in said Regular or Vol- unteer forces, notwithstanding the commissions of such militia offi- cers may be older than the commissions of the said officers of the Regular or Volunteer forces of the United States. ART. 125. In case of the death of any officer, the major of his regi- ment, or the officer doing the major's duty, or the second officer in command at any post or garrison, as the case may be, shall imme- diately secure all his effects then in camp or quarters, and shall make and transmit to the office of the Department of War, an inventory thereof. 2 ART. 126. In case of the death of any soldier, the commanding officer of his troop, battery, or company shall immediately secure all his effects then in camp or quarters, and shall, in the presence of two other officers, make an inventory thereof, which he shall transmit to the office of the Department of War. 3 ART. 127. Officers charged with the care of the effects of deceased officers or soldiers shall account for and deliver the same, or the pro- ceeds thereof, to the legal representatives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the command- ing officer all the effects of such deceased officers or soldiers not so accounted for and delivered. 4 ART. 128. The foregoing articles shall be read and published, once in every six months, to every garrison, regiment, troop, or company in the service of the United States, and shall be duly observed and obeyed by all officers and soldiers in said service. 1 See par. 304, ante ; also Dig. Op. J. A. G., 179-CXXII. "See the title "Deceased Officers," in the chapter entitled Commissioned Officers. 1 Dig. Op. J. A. G., 180, CXXVI. 4 Dig. Op. J. A. G., 180, CXXVII. 614 MILITARY LAWS OF THE UNITED STATES. SEC. 1343. All persons who, in time of war, or of rebellion against the supreme authority of the United States, shall be found lurking or acting as spies, in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or else- where, shall be triable by a general court-martial, or by a military commission, and shall, on conviction thereof, suffer death. Act of September 27, 1890 (26 Stat. 491). That whenever by any of the Articles of War for the government of the Army the punishment on conviction of any military offense is left to the discretion of the court-martial, the punishment therefor shall not, in time of peace, be in excess of a limit which the President may prescribe. Act of June 18, 1898 (30' Stat. 484). SEC. 3. That the commanding officers authorized to approve the sentences of summary courts and superior authority shall have power to remit or mitigate the same. SEC. 4. That post and other commanders shall, in time of peace, on the last day of each month, make a report to the department head- quarters of the number of cases determined by summary court during the month, setting forth the offenses committed and the penalties awarded, which report shall be filed in the office of the judge advocate of the department, and may be destroyed when no longer of use. SEC. 5. That soldiers sentenced by court-martial to dishonorable discharge and confinement shall, until discharged from such confine- ment, remain subject to the Articles of War and other laws relating to the administration of military justice. SEC. 6. That it shall be lawful for any civil officer having authority under the laws of the United States, or of any State, Territory, or District, to arrest offenders, to summarily arrest a deserter from the military service of the United States and deliver him into the custody of the military authority of the General Government. Act of March 2, 1913 (37 Stat. 721). On and after July first, nineteen hundred and thirteen, courts- martial shall be of three kinds, namely: First, general courts- martial; second, special courts-martial; and third, summary courts- marital. General courts-martial may consist of any number of officers from five to thirteen, inclusive. Special courts-martial may consist of any number of officers from three to five, inclusive. MILITARY LAWS OF THE UNITED STATES. 615 A summary court-martial shall consist of one officer. The President of the United States, the commanding officer of a territorial division or department, the Superintendent of the Mili- tary Academy, the commanding officer of an army, a field army, an army corps, a division, or a separate brigade, and when empowered by the President, the commanding officer of any district or of any force or body of troops, may appoint general courts-marital when- ever necessary; but when any such commander is the accuser or the prosecutor of the person -or persons to be tried the court shall be appointed by superior competent authority, and no officer shall be eligible to sit as a member of such court when he is the accuser, or a witness for the prosecution. The commanding officer of a district, garrison, fort, camp, or other place where troops are on duty, and the commanding officer of a brigade, regiment, detached battalion, or other detached com- mand, may appoint special courts-martial for his command; but such special courts-martial may in any case be appointed by superior authority when by the latter deemed desirable, and no officer shall be eligible to sit as a member of such court when he is the accuser or a witness for the prosecution. The commanding officer of a garrison, fort, camp, or other place where troops are on duty, and the commanding officer of a regiment, detached battalion, detached company, or other detachment may ap- point summary courts-martial for his command; but such summary courts-martial may in any case be appointed by superior authority when by the latter deemed desirable: Provided, That when but one officer is present with a command he shall be the summary court- martial of that command and shall hear and determine cases brought before him. General courts-martial shall have power to try any person subject to military law for any crime or offense made punishable by the Articles of War and any other person who by statute or by the law of war is subject to trial by military tribunals: Provided, That no officer shall be brought to trial before a general court-martial ap- pointed by the Superintendent of the Military Academy. Special courts-martial shall have power to try any person subject to military law, except an officer, for any crime or offense not capital made punishable by the Articles of War : Provided, That the Presi- dent may by regulations, which he may modify from time to time, except from the jurisdiction of special courts-martial any class or classes of persons subject to military law. Special courts-martial shall have power to ad judge punishment not to exceed confinement at hard labor for six months or forfeiture of six months' pay, or both, and in addition thereto reduction to the 616 MILITARY LAWS OF THE UNITED STATES. ranks in the cases of noncommissioned officers, and reduction in classification in the cases of first-class privates. Summary courts-martial shall have power to try any soldier, ex- cept one who is holding the privileges of a certificate of eligibility to promotion, for any crime or offense not capital made punishable by the Articles of War: Provided, That noncommissioned officers shall not, if they object thereto, be brought to trial before a summary court-martial without the authority of the officer competent to bring them to trial before a general court-martial. Summary courts-martial shall have power to adjudge punishment not to exceed confinement at hard labor for three months or for- feiture of three months' pay, or both, and in addition thereto reduc- tion to the ranks in the cases of noncommissioned officers and reduc- tion in classification in the cases of first-class privates: Provided, That when the summary court officer is also the commanding officer no sentence of such summary court-martial adjudging confinement at hard labor or forfeiture of pay, or both, for a period in excess of one month shall be carried into execution until the same shall have been approved by superior authority. Articles seventy-two, seventy-three, seventy-five, eighty-one, eighty- two, and eighty-three of section thirteen hundred and forty-two of the Revised Statutes; the first section of an Act entitled "An Act to 'promote the administration of justice in the Army," approved October first, eighteen hundred and ninety, as amended by the first section of an Act approved June eighteenth, eighteen hundred and ninety-eight (Thirtieth Statutes, four hundred and eighty-three, four hundred and eighty-four), are hereby repealed, but courts- martial duly and regularly , convened in orders issued prior to the date when this Act takes effect and in existence on that date, under Articles of War hereby repealed, may continue as legal courts for the trial of cases referred to them prior to that date with the same effect as if this Act has not been passed: Provided, That prior to July first, nineteen hundred and thirteen, the President may, when deemed by him necessary, empower any officer competent under the terms of this Act to appoint the general courts-martial which it authorizes, to appoint general courts-martial authorized by existing law. SUPPLEMENT TO MILITARY LAWS OP THE UNITED STATES, 1915. 35a. Lump-sum appropriations, payment of additional salaries to employees from forbidden. That it shall not be lawful hereafter to pay to any person, employed in the service of the United States under any general or lump sum appropriation, any sum additional to the regular compensation received for or attached to any employment held prior to an appointment or designation as acting for or instead of an occupant of any other office or employment. This provision shall not be construed as prohibiting regular and permanent appointments by promotion from lower to higher grades of employments. Sec. 12, act of Aug. 1, 1914 (38 Stat. 680). 40a. Officers and employees of executive departments, etc., estab- lished and to continue from year to year. The officers and employees of the United States whose salaries are herein appropriated for are established and shall continue from year to year to the extent they shall be appropriated for by Congress. Sec. 6, act of Mar. 4, 1915 (Pub. No. 290, 38 Stat:). 75a. Authorized to exchange typewriters, adding machines, and other labor saving devices. That the executive departments and other Government establishments and all branches of the public service may hereafter exchange typewriters, adding machines, and other similar labor saving devices in part payment for new machines used for the same purpose as those proposed to be exchanged. There shall be submitted to Congress, on the first day of the session following the close of each fiscal year, a report showing, as to each exchange hereunder, the make of the article, the period of its use, the allowance therefor, and the article, make thereof, and price, including exchange value, paid or to be paid for each article procured through such exchange. Sec. 5, act of Mar. 4, 1915 (Pub. No. 296, 38 Stat. ). 77a. Subscriptions for periodicals for executive departments. Here- after subscriptions to periodicals, which have been certified in writing by the respective heads of the executive departments or other Gov- ernment establishments to be required for official use, may be paid in advance from appropriations available therefor. Sec. 5, act of Mar. 4, 1915 (Pub. No. 290, 38 Stat. ). 8 la. Business methods Restriction on payments to experts to inaugu- rate new, etc. That no part of any money appropriated in this or any other act shall be used for compensation or payment of expenses 617 618 MILITARY LAWS OF THE UNITED STATES. of accountants or other experts in inaugurating new or changing old methods of transacting the business of the United States or the District of Columbia unless authority for the employment of such services or payment of such expenses is stated in specific terms in the act making provision therefor and the rate of compensation for such services or expenses is specifically fixed therein, or be used for compensation of or expenses for persons, aiding or assisting such accountants or other experts, unless the rate of compensation of or expenses for such assistants is fixed by officers or employees of the United States 'or District of Columbia having authority to do so, and such rates of compensation or expenses so fixed shall be paid only to the person so employed. Sec. 5, act of Apr. 6, 1914 (38 Stat. 335) . 82a. Purchases of passenger-carrying vehicles restricted to specific authorization. No appropriation made in this or any other act shall be available for the purchase of any motor-propelled or horse-drawn passenger-carrying vehicle for the service of any of the executive departments or other Government establishments, or any branch of the Government service, unless specific authority is given therefor, and after the close of the fiscal year nineteen hundred and fifteen there shall not be expended out of any appropriation made by Con- gress any sum for purchase, maintenance, repair, or operation of motor-propelled or horse-drawn passenger-carrying vehicles for any branch of the public service of the United States unless the same is specifically authorized by law, and in the estimates for the fiscal year nineteen hundred and sixteen and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase, maintenance, repair, or operation of all motor-propelled or horse-drawn passenger-carrying vehicles, specifying the sums required, the public purposes for which said vehicles are intended, and the officials or employees by whom the same are to be used. Act of July 16, 1914 (38 Stat. 508}. 87a. Estimates of appropriations , official to le designated to supervise and prepare for each department, etc. That hereafter the head of each executive department and other Government establishment shall, on or before July first in every fiscal year, designate from among the officials employed therein one person whose duty it shall be to super- vise the classification and compilation of all estimates of appropria- tions, including supplemental and deficiency estimates to be sub- mitted by such department or establishment. In the performance of their duties persons so designated shall have due regard for the requirements of all laws respecting the preparation of estimates, including the manner and time of their submission through the Treasury Department to Congress; they shall also, as nearly as may be practicable, eliminate from all such estimates unnecessary words MILITARY LAWS OF THE UNITED STATES. 619 and make uniform the language commonly used in expressing pur- poses or conditions of appropriations. Sec. 3, act of June 23, 1913 (38 Stat. 75). 96a. Estimates for lump-sum appropriations, statements required in annual Boole of Estimates. That section six of the sundry civil appro- priation act approved August twenty-fourth, nineteen hundred and twelve, is amended to read as follows: "SEC. 6. That there shall be submitted hereafter, in the annual Book of Estimates following every estimate for a general or lump- sum appropriation, except public buildings or other public works constructed under contract, a statement showing in parallel columns: " First, the number of persons, if any, intended to be employed and the rates of compensation to each, and the amounts contemplated to be expended for each of any other objects or classes of expenditures specified or contemplated in the estimate, including a statement of estimated unit cost of any construction work proposed to be done; and " Second, the number of persons, if any, employed and the rate of compensation paid each, and the amounts expended for each other object or class of expenditure, and the actual unit cost of any con- struction work done, out of the appropriation corresponding to the estimate so submitted, during the completed fiscal year next pre- ceding the period for which the estimate is submitted. "Other notes shall not be submitted following any estimate embraced in the annual Book of Estimates other than such as shall suggest changes in form or order of arrangement of estimates and appropriations and reasons for such changes." Sec. 10, act of Aug. 1, 1914 (38 Stat. 680). 99a. Rented buildings, District of Columbia, statement to include details of floor space, etc. Hereafter the statement of buildings rented within the District of Columbia for use of the Government, required by the act of July sixteenth, eighteen hundred and ninety-two (Stat- utes at Large, volume twenty-seven, page one hundred and ninety- nine), 1 shall indicate as to each building rented the area thereof in square feet of available floor space for Government uses, the rate paid per square foot for such floor space, the assessed valuation of each building, and what proportion, if any, of the rental paid includes heat, light, elevator, or other service. Sec. 3, act of May 1, 1913 (38 Stat. 3). 125a. Public library depositaries to receive publications, etc., new designations authorized. That libraries heretofore designated by law as depositaries to receive books and other Government publications 1 The act referred to, act of July 16, 1892 (27 Stat. 199), provides that "Hereafter it shall be the duty of the Secretary of the Treasury to cause to be prepared and submitted to Congress each year, in the annual Book of Estimates of Appropriations, a statement of the buildings rented within the District of Columbia for me use of the Government, the purposes for which rented, and the annual rental of each." 620 MILITARY LAWS OF THE UNITED STATES. shall hereafter, during their existence, continue such receipt; and new designations may be made when libraries heretofore chosen shall cease to exist or other designations shall hereafter be authorized by law. Sec. 5, act of June 23, 1913 (88 Stat. 75). 191a. Appropriations, reappropriation, and diversion of unex- pended balances to be considered as new. That the reappropriation and diversion of the unexpended balance of any appropriation to a pur- pose other than that for which it was originally made shall be con- strued and accounted hereafter as a new appropriation and the un- expended balance shall be reduced by the sum proposed to be so diverted. Sec. 4, act of Mar. 4, 1915 (Pub. No. 296, 38 Stat. ). 200a. Canal Zone semiannual examination of accounts and vouch- ers, etc. That in prescribing regulations under the provisions of sec- tion five of the sundry civil act of August first, nineteen hundred and fourteen, the President shall provide that in lieu of furnishing to the auditor individual detail collection vouchers, not provided for in said regulations, two competent persons, one from the office of the Auditor for the War Department, designated by the auditor, and one from the office of the Comptroller of the Treasury, designated by the comptroller, shall be sent semiannually, at such time as may be designated by the comptroller, to the Canal Zone to examine the accounts and vouchers and verify the submitted schedules of collec- tions and report in triplicate to the Auditor for the War Department, the Comptroller of the Treasury, and the auditor of the Panama Canal; and such persons shall make such other examination into the accounts of the Panama Canal as may be directed by the comptroller, and for all such purposes they shall have access to all records and papers pertaining thereto. Such examination and inspection shall be made for the period covered by the persons designated as soon as practicable, and the report of such persons shall be promptly filed. Such persons shall be furnished their transportation going and re- turning, including meals, and be paid a per diem of $4 from the day of sailing from the United States until return thereto, both days in- clusive, in lieu of subsistence on the Isthmus and all other expenses, out of such appropriation for the Panama Canal as may be designated by the governor. Sec. 3, act of Mar. 3, 1915 (Pub. No. 263, 38 Stat. ). 215a. Loyalty restriction repealed as to claims for service in Army prior to April 13, 1861. That section thirty-four hundred and eighty of the Revised Statutes of the United States be, and the same is hereby, repealed so far as it affects payments for services in the Army of the United States prior to April thirteenth, eighteen hundred and sixty-one. Act of July 6, 1914 (38 Stat. 454). 217a. Damage or loss of baggage of officers and enlisted men shipped- under ordersrecovery from United States in excess of amount paid by MILITARY LAWS OF THE UNITED STATES. 621 carrier. That the provisions of the act of March third, eighteen hun- dred and eighty-five (Twenty-third Statutes, page three hundred and fifty), entitled "An act to provide for the settlement of the claims of officers and enlisted men of the Army for loss of private property destroyed in the military service of the United States," shall hereafter extend to cover loss of or damage to the regulation allowance of baggage of officers and enlisted men sustained in ship- ment under orders, to the extent of such loss or damage over and above the amount recoverable from the carrier furnishing the trans- portation. Act of Mar. 4, 1915 (Pub. No. 292, 88 Stat. ). 277a . Court of Claims jurisdiction over claims grouting out of Civil War, etc. That from and after the passage and approval of this act the jurisdiction of the Court of Claims shall not extend to or include any claim against the United States based upon or growing out of the destruction of any property or damage done to any property by the military or naval forces of the United States during the war for the suppression of the rebellion ; nor to any claim for stores and sup- plies taken by or furnished to or for the use of the military or naval forces of the United States, nor to any claim for the value of any use and occupation of any real estate by the military or naval forces of the United States during said war; nor shall said Court of Claims have jurisdiction of any claim which is now barred by the provisions of any law of the United States. Act of Mar. 4, 1915 (Pub. No. 289, 38 Stat. ). 330a, Tour of duty of officers and enlisted men in Philippine Islands and the Canal Zone. That on and after October first, nineteen hun- dred and fifteen, no officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, nor more than three years in the Panama Canal Zone, except in case of insurrection or of actual or threatened hostilities: Provided further, That the foregoing provision shall not apply to the organization known as the Philippine Scouts. Act of Mar. 4, 1915 (Pub. No. "292, 38 Stat. ). 346a. Permanent captains in, to be recommissioned as captains of Infantry, U. S. Army. That the permanent captains of the Porto Rico Regiment of Infantry now holding commissions as such in said regiment shall be recommissioned as captains of Infantry of the United States Army, to take rank on the lineal list of officers of Infantry immediately after the junior officers of the same grade whose total commissioned service equals or exceeds theirs. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 346b. Same Lineal and relative rank as captains of Infantry. That those officers of the Porto Rico Regiment of Infantry, recom- missioned as captains of Infantry, whose total commissioned service is less than that of any officer of Infantry of the next lower grade, 622 MILITARY LAWS OF THE UNITED STATES. shall not advance on the lineal list of captains of Infantry, nor on the relative list of officers of the United States Army, until such time as there no longer remains on the lineal list of officers of Infantry any officer of the next lower grade of equal or greater length of total commissioned service and shall take rank in the grade of captain on the lineal list of officers of Infantry and on the relative list of officers of the United States Army immediately after the juniors in rank of such officers of Infantry of equal or greater total commissioned service. Id. 346c. Same Commissioned service to be counted in determining lineal and relative rank. That for the purpose of this act total com- missioned service shall include commissioned service in the Regular Army, in the Volunteers, in the Porto Rico Provisional Regiment of Infantry, and in the Porto Rico Regiment of Infantry, and that the commissioned service of those officers of the Porto Rico Regi- ment of Infantry who were officers of the Porto Rico Provisional Regiment of Infantry, shall be counted as continuous and uninter- rupted between the twenty-ninth day of June, nineteen hundred and eight, and the thirty-first day of December, nineteen hundred and eight. Id. 362a. Pay to clerks, messengers, and laborers at headquarters of several territorial departments, territorial districts, tactical divisions and brigades, service schools, and office of the Chief of Staff. One chief clerk, at the office of the Chief of Staff, $2,250 per annum; three clerks, at $2,000 each per annum; twelve clerks, at $1,800 each per annum; fifteen clerks, at $1,600 each per annum; thirty-eight clerks, at $1,400 each per annum; seventy clerks, at $1,200 each per annum; sixty-five clerks, at $1,000 each per annum; six clerks (Filipinos), at $500 each per annum; one captain of the watch, at $900 per annum; three watchmen, at $720 each per annum; one gardner, at $720 per annum; one packer, at $840 per annum; two messengers, at $840 each per annum; fifty-nine messengers, at $720 each per annum; six messengers (Filipinos), at $300 each per annum; one laborer, at $660 per annum; two laborers, at $600 each per annum; five charwomen, at $240 each per annum. In all, $312,690. Addi- tional pay while on foreign service, $9,000. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 362b. Same Increased pay for foreign service, employment of Filipinos, assignment to duty in War Department. That on and after July first, nineteen hundred and fourteen, the pay of clerks and messengers at headquarters of territorial departments, tactical divi- sions, brigades, and service schools, who are citizens of the United States, shall be increased $200 each per annum while serving in the Philippine Islands, such service to be computed from the date of departure from the continental limits of the United States to the date MILITARY LAWS OF THE UNITED STATES. 623 of return thereto: Provided further, That the money hereby appro- priated for such of said clerks at $1,200 and $1,000 each per annum, and such of said messengers at $720 each per annum as may be employed and assigned by the Secretary of War to the headquarters of the Philippine Department, districts and posts therein, may, in case of vacancy and in the discretion of the commanding general, Philippine Department, be expended, in whole or in part, for the employment of Filipinos as clerks at not to exceed $500 each per annum, and messengers at not to exceed $300 each per annum. And said clerks, messengers, and laborers shall be employed and assigned by the Secretary of War to the offices and positions in which they are to serve: Provided, That no clerk, messenger, or laborer at headquarters of tactical divisions, military departments, brigades, service schools, and office of the Chief of Staff shall be assigned to duty with any bureau in the War Department. Id. 417a. Funds for stores or material procured by one bureau of War Department for another, etc., repayment of. Hereafter when one bureau of the War or Navy Departments procures by purchase or manufacture stores or material of any kind or performs any service for another bureau of such departments the funds of the bureau or department for which the stores or material are to be procured or the service performed may be placed subject to the requisition of the bureau or department making the procurement or performing the serv- ice for direct expenditure by it : Provided, That when the stores being procured are for current issue during the year stores of equal value may be issued from stock on hand in place of any of those aforesaid. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 475a. Military prison, United States and branches, name changed to United States Disciplinary Barracks. That the United States mili- tary prison at Fort Leavenworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks and the branches of said prison as branches of such barracks. Act oi Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). ' 475b. Military Prison, United States, name changed to United States Disciplinary Barracks. That chapter six, Title XIV, of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows: The United States Military Prison, Fort Leavenworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks. Par. 1, sec. 2, act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 475c. Same Military offenses punishable in a penitentiary, con- finement may ~be in United States, State, Territory, or District peni- tentiary. Persons sentenced to confinement upon conviction by courts-martial or other military tribunals of crimes or offenses which, under some statute of the United States or under some law of the 624 MILITARY LAWS OF THE UNITED STATES. State, Territory, District, or other jurisdiction in which the crime or offense may be committed, are punishable by confinement in a peni- tentiary, including persons sentenced to confinement upon conviction by courts-martial or other military tribunals of two or more acts or omissions, any one of which, under the statute or other law herein- before mentioned, constitutes or includes a crime or offense punish- able by confinement in a penitentiary, may be confined at hard labor, during the entire period of confinement so adjudged, in any United States, State, Territorial, or District penitentiary, or in any other penitentiary directly or indirectly under the jurisdiction of the United States; and all persons sentenced to confinement upon con- viction by courts-martial or other military tribunals who are not confined in a penitentiary may be confined and detained in the United States Disciplinary Barracks. Par. 2, sec. 2, Id. 476a. Same Secretary oj War may designate branch disciplinary barracks. The Secretary of War may, from time to time, designate any building or structure or any part thereof under the control of the Secretary of War and pertaining to the military establishment as a branch disciplinary barracks for the confinement and detention of offenders whom it is impracticable to send to the United States Disciplinary Barracks at Fort Leaven worth, Kansas; and all branch disciplinary barracks and all offenders sent thereto for confinement and detention therein shall be subject to the laws respecting the United States Disciplinary Barracks at Fort Leavenworth, Kansas, and the offenders sent thereto for confinement and detention therein. Par. 8, sec. 2, id. 477a. Same Government and control of disciplinary barracks vested in The Adjutant General. The government and control of the United States Disciplinary Barracks and of all offenders sent thereto for confinement and detention therein shall be vested in The Adjutant General of the Army under the direction of the Secretary of War, who shall from time to time make such regulations respecting the same as may be deemed necessary, and who shall submit annually to Congress a full statement of the financial and other affairs of said institution for the preceding fiscal year. Par. 8, sec. 2, id. 480a. Same Commandant and other, commissioned and noncom- missioned officers, etc., at, composition oj. The officers of the United States Disciplinary Barracks shall consist of a commandant and such subordinate officers as may be necessary, who shall be detailed by the Secretary of War from the commissioned officers of the Army at large. In addition to detailing for duty at said disciplinary barracks such number of enlisted men of the Staff Corps and departments as he may deem necessary, the Secretary of War shall assign a sufficient number of enlisted men of the line of the Army for duty as guards at said disciplinary barracks and as noncommissioned officers of the MILITARY LAWS OF THE UNITED STATES. 625 disciplinary organizations hereinafter authorized. Said guards, and also the enlisted men assigned for duty as noncommissioned officers of disciplinary organizations, shall be detached from the line of the Army, or enlisted for the purpose; and said guards shall be organized as infantry, with noncommissioned officers, musicians, artificers, and cooks of the number and grades allowed by law for infantry organi- zations of like strength: Provided, That at least one of said guards shall have the rank, pay, and allowances of a battalion sergeant major. Par. 4} sec - j id. 48 la. Same Duties of the commandant. The commandant of the United States Disciplinary Barracks shall have command thereof and charge and custody of all offenders sent thereto for confinement and detention therein; shall govern such offenders and cause them to be employed at such labor and in such trades and to perform such duties as may be deemed best for their health and reformation and with a view to their honorable restoration to duty or their reenlistment as hereinafter authorized; shall cause note to be taken and a record to be made of the conduct of such offenders; and may shorten the daily time of hard labor of those who by their obedience, honesty, industry, and general good conduct earn such favors all under such regula- tions as the Secretary of War may from time to time prescribe. Par. 5, sec. 2, id. 48 Ib. Same Organization of disciplinary companies and -higher units, etc. The Secretary of War shall provide for placing under mili- tary training those offenders sent to the United States Disciplinary Barracks for confinement and detention therein whose record and conduct are such as to warrant the belief that upon the completion of a course of military training they may be worthy of an honorable restoration to duty or of being permitted to reenlist; may provide for the organization of offenders so placed under military training into disciplinary companies and higher units, organized as infantry, with noncommissioned officers, except color sergeants, selected or ap- pointed from the enlisted men assigned to duty for that purpose pur- suant to the provisions of paragraph four hereof; and may provide for uniforming, arming, and equipping such organizations. Par. 6, sec. 2, id. 488a. Same Clemency and restoration to colors of persons not dis- charged and reenlistment of discharged persons. Whenever he shall deem such action merited the Secretary of War may remit the un- executed portions of the sentences of offenders sent to the United States Disciplinary Barracks for confinement and detention therein and in addition to such remission may grant those who have not been discharged from the Army an honorable restoration to duty, and may authorize the reenlistment of those who have been discharged 48985 15 40 626 MILITARY LAWS OF THE UNITED STATES. or upon their written application to that end order their restoration to the Army to complete their respective terms of enlistment, and such application and order of restoration shall be effective to revive the enlistment contract for a period equal to the one not served under said contract. Par. 7, sec. 2, id. 488b. Parole of general prisoners in disciplinary barracks, and restoration to duty oi those serving confinement in places other than dis- ciplinary barracks. That the authority now vested in the Secretary of War to give an honorable restoration to duty, in case the same is merited, to general prisoners confined in the United States discipli- nary barracks and its branches shall be extended so that such res- toration may be given to general prisoners confined elsewhere, and the Secretary of War shall be, and he is hereby, authorized to estab- lish a system of parole for prisoners confined in said barracks and its branches, the terms and conditions of such parole to be such as the Secretary of War may prescribe. Act of Mar. 4, 1915 (Pub. No. 292, 88 Stat. ). 506a. Enlisted men, composition of. That the enlisted force of the Quartermaster Corps shall consist of not to exceed fifteen master electricians, three hundred and eighty sergeants (first class), one thou- sand two hundred and forty sergeants, six hundred corporals, two thousand nine hundred and twenty privates (first class), seven hun- dred and fifty privates, and ninety-five cooks, all of whom shall re- ceive the same pay and allowances as enlisted men of corresponding grades in the Signal Corps of the Army, and shall be assigned to such duties pertaining to the Quartermaster Corps as the Secretary of War may prescribe. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 514a. Appointment of quartermaster sergeants in Quartermaster Corps. Hereafter the Secretary of War is authorized to appoint such number of quartermaster sergeants, Quartermaster Corps, not to exceed the number provided for by law, as he may deem necessary for the interest of the service, said quartermaster sergeants to be selected from the most competent noncommissioned officers of the Army, who shall have served therein at least five years, three years of such service having been rendered as noncommissioned officers, and whose character and education shall fit them to take charge of public property and to act as clerks and assistants to the proper officers of the Army in charge of public property. Act of Mar. 4, 1915, (Pub. No. 292, SSStat.). 588a. Quartermaster property, articles of may be sold to officers of Navy and Marine Corps. That articles of serviceable quartermaster property may be sold by the Quartermaster General of the Army to officers of the Navy and Marine Corps, for their use in the public service, in the same manner as these articles are now sold to officers of the Army. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). MILITARY LAWS OF THE UNITED STATES. 627 61 la. Commutation of rations lor enlisted men oi Army and Militia at national rifle match. That the sum of $12,000 is authorized to be expended for supplying meals or furnishing commutation of rations to enlisted men of the Regular Army and the Organized Militia who may be competitors in the national rifle match : Provided further, That no competitor shall be entitled to commutation of rations in excess of $1.50 per day, and when meals are furnished no greater expense than that sum per man per day for the period the contest is in prog- ress shall be incurred. Act of Mar. 4, 1915 (Pub. No. 292, 88 Stat. ). 616a. Funds appropriated for support ol Army available for purchase ol reserve supplies. Hereafter funds appropriated for support of the Army may be used for the procurement of supplies to be held in store for issue to the Army during subsequent fiscal years. Act ol Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 668a. Commutation of quarters to officers, etc., where no public quarters are available. Hereafter, at places where there are no public quarters available, commutation for the authorized allowance therefor shall be paid to commissioned officers, acting dental surgeons, veterina- rians, members of the Nurse Corps, and pay clerks at the rate of $12 per room per month; and, when specifically authorized by the Secre- tary of War, to enlisted men at the rate of $15 per month, or in lieu thereof he may, in his discretion, rent quarters for the use of said enlisted men when so on duty. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 668b . Same Secretary of War may determine when and where public quarters are not available. Hereafter the Secretary of War may deter- mine where and when there are no public quarters available within the meaning of this or any other act. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 673a. Officers on duty as observers with foreign armies infield, ex- penses of. That the actual and necessary expenses of officers of the Army who, after July first, nineteen hundred and fourteen, have been on duty abroad for the purpose of observing operations of armies of foreign States at war, and of officers who may hereafter be on duty abroad for that purpose, shall be paid out of the appropriation for contingencies of the military information section, General Staff Corps, upon certificates of the Secretary of War that the expenditures were necessary for obtaining military information. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 680a. Subsistence expenses of officials Allowances for, outside of District of Columbia limited. On and after July first, nineteen hundred and fourteen, unless otherwise expressly provided by law, no officer or employee of the United States shall be allowed or paid any sum in excess of expenses actually incurred for subsistence while traveling 628 MILITARY LAWS OF THE UNITED STATES. on duty outside of the District of Columbia and away from his desig- nated post of duty, nor any sum for such expenses actually incurred in excess of $5 per day; nor shall any allowance or reimbursement for subsistence be paid to any officer or employee in any branch of the public service of the United States in the District of Columbia unless absent from his designated post of duty outside of the District of Columbia, and then only for the period of time actually engaged in the discharge of official duties. Act of Apr. 6, 1914 (38 Stat. 318). 689a. Disbursement of certain appropriations Tier etof ore made which shall constitute one fund. That all the money hereinbefore appro- priated under the titles Subsistence of the Army, Regular Supplies- Quartermaster Corps, Incidental Expenses Quartermaster Corps Transportation of the Army and its Supplies, Water and Sewers at Military Posts, and Clothing and Camp and Garrison Equipage shall be disbursed and accounted for by officers and agents of the Quarter- master Corps as " Supplies, Services, and Transportation, Quarter- master Corps," and for that purpose shall constitute one fund. Act of Mar. 4, 1915 (Pub. 292, 38 Stat. ). 727a. Pay and allowances of soldier sentenced to dishonorable dis- charge during execution of suspended sentence. Hereafter pay and allowances shall not accrue to a soldier under sentence of dishonorable discharge, during such period as the execution of the sentence of dis- charge may be suspended under authority of the act of Congress approved April twenty-seventh, nineteen hundred and fourteen, and pay which has heretofore been forfeited under such suspended sentence shall not be held to have accrued to the Soldiers' Home under the operation of section forty-eight hundred and eighteen, Revised Statutes, but shall be covered back into the Treasury of the United States. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 775a. Sale of medical supplies to American Red Cross. Hereafter, with the approval of the Secretary of War and at rates of charge of not less than the contract prices paid therefor plus twenty-five per centum to cover the cost of purchase, inspection, and so forth, the Medical Department of the Army may sell for cash to the American National Red Cross such medical supplies and equipments as can be spared without detriment to the military service. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 775b. Loan of sanitary equipment of Army and Navy to American Red Cross. That the Secretary of War and the Secretary of the Navy be, and are hereby, authorized to issue, each at his discretion and under proper regulations to be prescribed by him, out of equipment for medical and other establishments on hand, belonging to the Government and which can be temporarily spared, such articles as may appear to be required for instruction and practice by organiza- tions formed by the American National Red Cross, for the purpose of MILITARY LAWS OF THE UNITED STATES. 629 rendering aid to the Army and Navy in war. Joint Resolution No. 15, May 8, 1914 (88 Stat. 771). 775c. Same Return to be provided for, and bond to be required. That the regulations prescribed by the Secretary of War or by the Secretary of the Navy, in pursuance of the authority ^ granted by section one, shall provide for the immediate return of the articles of equipment loaned the American National Red Cross when called for by the authority which issued them; and the said Secretaries shall require a bond in each case, in double the value of the property, for the care and safe-keeping thereof and for the return of the same when required. Sec. 2, Id. 775 d . Settlement of accounts between other bureaus of War Department, etc., and Medical Department. Hereafter in the settlement of accounts between the appropriations of the Medical Department and those of any other branch of the Army service, or any bureau or office of the War Department, or any other executive department or establish- ment of the Government, payment thereof may be made by the proper disbursing officer of the Medical Department or of the branch of the Army service, office, bureau, department, or establishment concerned. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 776a. Hospital care Canal Zone garrison; rate of commutation of rations and appropriation from which payable. For paying the Panama Canal such reasonable charges, exclusive of subsistence, as may be approved by the Secretary of War for caring in its hospitals for officers, enlisted men, military prisoners, and civilian employees of the Army admitted thereto upon the request of proper military authority: Provided, That the subsistence of the said patients, except commissioned officers and acting dental surgeons, shall be paid to said hospitals out of the appropriation for subsistence of the Army at the rates provided therein for commutation of rations for enlisted patients in general hospitals. Act of Mar. 4) 1915 (Pub. No. 292, 38 Stat. ). (For similar provision in deficiencies act, see Public No. 296, act of Mar. 4, 1915, 38 Stat. .) 813a. Detail of majors for duty in. That majors may be detailed in the Ordnance Department, under section twenty-six of the act approved February second, nineteen hundred and one, and acts amendatory thereof, without a compulsory period of service out of that department. Act of Feb. 24, 1915 (Pub. No. 251, 88 Stat. ). 825 a. Public quarters Occupancy by ordnance officer of brick house at proving ground not occupancy of. That hereafter the occupancy by such officers, providing themselves with quarters elsewhere, of one room in the building at the proving ground locally known as the brick house, shall not be construed as occupancy of public quarters within the meaning of this act and of the law authorizing allowance 630 MILITARY LAWS OF THE UNITED STATES. and commutation of quarters. Act of Mar. S, 1915 (Pub. No. 264, 88 Stat. ). 849a. Condemned cannon, etc., donated to patriotic organizations, etc., Government not to transport, and to remain subject to orders oj Secretary of War. That no expense shall be incurred by the United States through the delivery of any of the foregoing condemned military equipment: And provided further, That each and every article of con- demned military equipment covered by this act shall be subject at all times to the order of the Secretary of War. Act of Mar. 4,1915 (Pub. No. 827 ',88 Stat. ). 857a. Certain appropriations available for allowance in lieu oi sub- sistence for civilians traveling outside oi the District. That the appro- priations hereinbefore made under the heading "Ordnance Depart- ment" shall be available for the payment of an allowance not to exceed $4 per day in lieu of subsistence to civilian employees of the Ordnance Department traveling on official business outside of the District of Columbia and away from their designated posts of duty. Act oj Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 864a. Taylor system No salary to be paid officer, superintendent, manager, or foreman using. That no part of the appropriations made in this bill shall be available for the salary or pay of any officer, manager, superintendent, foreman, or other person having charge of the work of any employee of the United States Government while making or causing to be made, with a stop watch or other time- measuring device, a time study of any job of any such employee between the starting and completion thereof or of the movements of any such employee, while engaged upon such work; nor shall any part of the appropriations made in this bill be available to pay any premium or bonus or cash reward to any employee in addition to his regular wages, except for suggestions resulting in improvements or economy in the operation of any Government plant; and no claim for services performed by any person while violating this proviso shall be allowed. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). - 883a. Signal Corps Exchange oj typewriters and adding machines. Hereafter the Signal Corps may exchange typewriters and adding machines in the purchase of similar equipment. Act of Mar. 4, 1915 {Pub. No. 292, 38 Stat. ). 889a, Aviation section created, duties, etc. That there shall here- after be, and there is hereby created, an aviation section, which shall be a part of the Signal Corps of the Army, and which shall be, and is hereby, charged with the duty of operating or supervising the opera- tion of all military air craft, including balloons and aeroplanes, all appliances pertaining to said craft, and signaling apparatus of any kind when installed on said craft; also with the duty of training officers and enlisted men in matters pertaining to military aviation. Sec. 1, act oj July 18, 1914 (38 Stat. 514}. MILITARY LAWS OF THE UNITED STATES. 631 889b. Same Officers and enlisted men provided for to be additional to regular corps allotment. That, in addition to such officers and enlisted men as shall be assigned from the Signal Corps at large to executive, administrative, scientific, or other duty in or for the aviation section, there shall be in said section aviation officers not to exceed sixty in number, and two hundred and sixty aviation enlisted men of all grades; and said aviation officers and aviation enlisted men, all of whom shall be engaged on duties pertaining to said aviation section, shall be additional to the officers and enlisted men now allotted by law to the Signal Corps, the commissioned and enlisted strengths of which are hereby increased accordingly. Sec. 2, id. 889c. Same Details from line^ officers, tour of service, and redetail of proficient aviators. The aviation officers provided for in this section shall, except as hereinafter prescribed specifically to the contrary, be selected from among officers holding commissions in the line of the Army with rank below that of captain, and shall be detailed to serve as such aviation officers for periods of four years, unless sooner relieved, and the provisions of section twenty-seven of the act of Congress approved February second, nineteen hundred and one (Thirty-first Statutes, page seven hundred and fifty-five) are hereby extended so as to apply to said aviation officers and to the vacancies created in the line of the Army by the detail of said officers therefrom, but nothing in said act or hi any other law now in force shall be held to prevent the detail or redetail at any time to fill a vacancy among the aviation officers authorized by this act, of any officer holding a commission in the line of the Army with rank below that of captain, and who, during prior service as an aviation officer in the aviation section, shall have become especially proficient hi military aviation. Sec. 2, id. 889 d. Same Aviation students, selection, tour of service, etc.; no vacancies created by such detachment. There shall also be constantly attached to the aviation section a sufficient number of aviation students to make, with the aviation officers actually detailed in said section under the provisions of this act, a total number of sixty aviation officers and aviation students constantly under assignment to, or detail in, said section. Said aviation students, all of whom shall be selected on the recommendation of the chief signal officer from among unmarried lieutenants of the line of the Army not over thirty years of age, shall remain attached to the aviation section for a sufficient time, but in no case to exceed one year, to determine their fitness or unfitness for detail as aviation officers in said section, and their detachment from their respective arms of service which under assignment to said section shall not be held to create in said arms vacancies that may be filled by promotions or original appointments. Sec. 2, id. 515. 632 MILITARY LAWS OF THE UNITED STATES. 889e. Same Details not compulsory in time oj peace. That no person, except in time of war, shall be assigned or detailed against his will to duty as an aviation student or an aviation officer. Sec. 2, id. 889f . Same Assignment to cease if officer is inefficient, etc. That whenever, under such regulations as the Secretary of War shall prescribe and publish to the Army, an officer assigned or detailed to duty of any kind hi or with the aviation section shall have been found to be inattentive to his duties, inefficient, or incapacitated from any cause whatever for the full and efficient discharge of all duties that might properly be imposed upon him if he should be continued on duty in or with said section, said officer shall be returned forthwith to the branch of the service in which he shall hold a com- mission. Sec. 2, id. 889g. Same Aviation officers rated, junior military aviators, etc. That the aviation officers hereinbefore provided for shall be rated in two classes, to wit, as junior military aviators and as military aviators. Within sixty days after this act shall take effect the Secretary of War may, upon the recommendation of the Chief Signal Officer, rate as junior military aviators any officers with rank below that of captain, who are now on aviation duty and who have, or shall have before the date of rating so authorized, shown by practical tests, including aerial flights, that they are especially well qualified for mili- tary aviation service; and after said rating shall have been made the rating of junior military aviator shall not be conferred upon any per- son except as hereinafter provided. Sec. 8, id. 889h. Same Rating, increased grade and pay of junior military aviators, aviation students, etc. Each aviation student authorized by this act shall, while on duty that requires him to participate regularly and frequently in aerial flights, receive an increase of 25 per centum in the pay of his grade and length of service under his line commission. Each duly qualified junior military aviator shall, while so serving, have the rank, pay, and allowances of one grade higher than that held by him under his line commission, provided that his rank under said commission be not higher than that of first lieutenant, and, while on duty, requiring him to participate regularly and frequently in aerial flights, he shall receive in addition an increase of 50 per centum in the pay of his grade and length of service under his line commission. The rating of military aviator shall not be hereafter conferred upon or held by any person except as hereinafter provided, and the number of officers with that rating shall at no time exceed fifteen. Each military aviator who shall hereafter have duly qualified as such under the provisions of this act shall, while so serving, have the rank, pay, and allowances of one grade higner than that held by him under his line commission, provided that his rank under MILITARY LAWS OF THE UNITED STATES. 633 said commission be not higher than that of first lieutenant, and, while on duty requiring him to participate regularly and frequently in aerial flights, he shall receive in addition an increase of 75 per centum of the pay of his grade and length of service under his line commission. Sec. 8, id. 8891 . Same Personnel of enlisted men, rating of aviation mechan- ician. The aviation enlisted men hereinbefore provided for shall consist of twelve master signal electricians, twelve first-class sergeants, twenty-four sergeants, seventy-eight corporals, eight cooks, eighty- two first-class privates, and forty-four privates. Not to exceed forty of said enlisted men shall at any one time have the rating of aviation mechanician, which rating is hereby established, and said rating shall not be conferred uptrn any person except as hereinafter provided. Sec. 3, id. 516. 889j. Same Instruction in art of flying, and increase of pay. That twelve enlisted men at a time shall, in the discretion of the officer in command of the aviation section, be instructed in the art of flying,, and no enlisted man shall be assigned to duty as an aerial flyer against his will except in time of war. Each aviation enlisted man, while on duty that requires him to participate regularly and frequently in aerial flights, or while holding the rating of aviation mechanician, shall receive an increase of fifty per centum in his pay. Sec. 8, id. 889k. Same Qualification certificates required, examinations for, etc. That, except as hereinafter provided in the cases of officers now on aviation duty, no person shall be detailed as an aviation officer, or rated as a junior military aviator, or as a military aviator, or as an aviation mechanician, until there shall have been issued to him a certificate to the effect that he is qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case, and no such certificate shall be issued to any person until an aviation examining board, which shall be composed of three officers of ex- perience in the aviation service and two medical officers, shall have examined him, under general regulations to be prescribed by the Secretary of War and published to the Army by the War Depart- ment, and shall have reported him to be qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case. Sec. 8, id. 8891. Same Issue of certificates of qualification. That the Secre- tary of War shall cause appropriate certificates of qualification to be issued by the Adjutant General of the Army to all officers and enlisted men who shall have been found and reported by aviation examining boards in accordance with the terms of this act, to be qualified for the details and ratings for which said officers and enlisted men shall have been examined. Sec. 3, id. 889m. Same Service as aviation students prior to detail, rating re- quirements for military aviators, etc. That except as hereinbefore 634 MILITARY LAWS OF THE UNITED STATES. provided in the cases of officers who are now on aviation duty and who shall be rated as junior military aviators as hereinbefore author- ized, no person shall be detailed for service as an aviation officer in the aviation section until he shall have served creditably as an aviation student for a period to be fixed by the Secretary of War; and no person shall receive the rating of military aviator until he shall have served creditably for at least three years as an aviation officer with the rating of junior military aviator. Sec. 3, id. 889n. Same Payments in case of death from accident. That there shall be paid to the widow of any officer or enlisted man who shall die as the result of an aviation accident, not the result of his own misconduct, or to any other person designated by him in writing, an amount equal to one year's pay at the rate to which such officer or enlisted man was entitled at the time of the accident resulting in his death, but any payment made in accordance with the terms of this proviso on account of the death of any officer or enlisted man shall be in lieu of and a bar to any payment under the acts of Con- gress approved May eleventh, nineteen hundred and eight, and March third, nineteen hundred and nine (Thirty-fifth Statutes, pages one hundred and eight and seven hundred and fifty-five), on account of death of said officer or enlisted man. Sec. 3, id. 927a. Thanks of Congress tendered to certain officers of Army and Navy. That the thanks of Congress are hereby extended to the fol- lowing officers of the Army and Navy of the United States who, as members of the late Isthmian Canal Commission, have rendered dis- tinguished service in constructing the Panama Canal, to wit: Colonel George W. Goethals, chairman and chief engineer; Brigadier General William C. Gorgas, sanitary expert; Colonel H. F. Hodges, Lieu- tenant Colonel William L. Sibert, and Commander H. H. Rousseau. Sec. 1, act of Mar. 4, 1915 (Pub. No. 316, 38 Stat. ). 927b. Promotion of certain officers of Army and Navy. That the President is hereby authorized, by and with the advice and consent of the Senate, to advance in rank Colonel George W. Goethals to the grade of major general of the line, United States Army; Brigadier General William C. Gorgas to the rank of major general in the Medical Department, United States Army; Colonel H. F. Hodges and Lieu- tenant Colonel William L. Sibert to the grade of brigadier general of the line, United States Army; and Commander H. H. Rousseau to the grade of rear admiral of the lower Nine, United States Navy. Sec. 2, id. 927c. Same Certain officers to be advanced one grade when placed on the retired list. That such officers of the Army and Navy as were detailed for duty with the Isthmian Canal Commission on the Isth- mus of Panama for more than three years, and who shall not have been advanced in rank by any other provision of this bill, shall be advanced one grade in rank upon retirement. Sec. 3 } id. MILITARY LAWS OF THE UNITED STATES. 615 927 d. Same Officers now on retired list to be immediately advanced one grade. That any officer of the Army or Navy now on the retired list with similar service shall be immediately advanced one grade in rank on the retired list of the Army or Navy. Sec. 8, id. 927e . Promotions authorized by Sec. 2 of act to temporarily increase the grades. That the numbers in such grades provided for in sections two and four 1 of this act, except where vacancies occurring in any grade by the provisions of this act can be filled by such officers in a lower grade as are entitled to the benefits of this act, shall be tem- porarily increased during the time such offices may be held. Sec. 5j id. 927f . Medical officer promoted to be head of Medical Department, not governed by law as to details. Tkat the officer who may be advanced and appointed major general in the Medical Department, United States Army, shall thereupon become the head of such department, and the operation of so much of section twenty-six of the act of February second, nineteen hundred and one, as limits the term of office of the head of the Medical Department, United States Army, shall be suspended during the incumbency of the head of the depart- ment who may be appointed under this act. Sec. 5, id. 92 7g. Same Rank of major general to cease and determine when officer so promoted is retired. That whenever the head of the Medical Department appointed under the provisions of this act shall become separated from the active list of the Army, by retirement or other- wise, the extra office or grade to which he shall have been so advanced or appointed shall cease and determine, and thereafter the rank of the head of the Medical Department, United States Army, shall be that of a brigadier general. Sec. 5. id. 927h. Promotions authorized not to retard promotion to which any officer is entitled under existing law. That nothing in this act shaD operate to interfere with or retard the promotion to which any officer would be entitled under existing law. Sec. 5, id. 9271. Officers promoted to be junior to officers who now rank them when such officers reach same grade. That the officers advanced to higher grades under this act shall be junior to the officers who now rank them under existing law when these officers have reached the same grade. Sec. 5, id. 927j. Officers benefited by act entitled to retirement at any time on application at seventy-jive per centum of pay of active rank. That at any tune after the passage of this act any officer of the Army or Navy to be benefited by the provisions of this act may, on his own applica- cation, be retired by the President at seventy-five per centum of the pay of the rank upon which he is retired. 2 Sec. 6, id. 1 Sec. 4 authorizes the President to promote certain officers of the Public Health Service and is omitted from this compilation. 2 For officers covered by this paragraph, see 927b. 636 MILITARY LAWS OF THE UNITED STATES. 951a. Sales of Army supplies, etc., to military schools. That, under such regulations as the Secretary of War may prescribe, educational institutions to which an officer of the Army is detailed as pro- fessor of military science and tactics may purchase from the War Department for cash, for the use of their military students, such stores, supplies, materiel of war, and military publications as are furnished to the Army, such sales to be at the price listed to the Army with the cost of transportation added. Act of July 17, 1914 (38 Stat. 512). 95 Ib. Same. Receipts to be credited to original appropriations. That all moneys received from the sale of stores, supplies, materiel of war, and military publications to educational institutions to which an officer of the Army is detailed as professor of military science and tactics shall respectively revert to that appropriation out of which they were originally expended and shall be applied to the purposes for which they are appropriated by law. Id. 954a. Issue of magazine rifles, etc., for target practice, to clubs and schools. That the Secretary of War is hereby authorized to issue, without expense to the United States, for use in target practice, United States magazine rifles and appendages therefor not of the existing service model and not necessary for the maintenance of a proper reserve supply, together with forty rounds of ball cartridges suitable to said arm, for each range at which target practice is had, not to exceed a total of one hundred and twenty rounds per year per man participating in target practice, to rifle clubs organized under the rules of the National Board for the Promotion of Eifle Practice and to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the conduct of proper target practice. Act of Apr. 27, 1914 ($8 Stat. 370.) 954b. Regulations to be prescribed by Secretary of War. Issues of public property under this provision shall be made in compliance with regulations prescribed by the Secretary of War insuring the designed use of the property issued, providing against loss to the United States through lack of proper care, and for the return of the property when required, and embodying such other requirements as he may consider necessary adequately to safeguard the interests of the United States. Id. 958a. Retired officers under age of fifty years, and not above grade of captain. Hereafter the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to transfer to the active list of the Army any officer under fifty years of age and with rank not above that of captain who may have been transferred hereto- fore or who may be transferred hereafter for physical disability from the active to the retired list of the Army by the action of any retiring board. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). MILITARY LAWS OF THE UNITED STATES. 637 958b. Same. Place to which transferred on active list. That such officer shall be transferred to the place on the active list which he would have had if he had not been retired, and shall be carried as an additional number in the grade to which he may be transferred or at any time thereafter promoted. Id. 958c. Same. Promotion after examination. That such officer shall stand a satisfactory medical and professional examination for pro- motion as now provided for by law. Id. 958d. Officers retired for physical disability, transfer to active list. That the President be, and he is hereby, authorized within two years J of the approval of this act, by and with the advice and consent of the Senate, to transfer to the active list 01 the Army any officer who may have been transferred heretofore for physical disability from the active to the retired list of the Army by the action of any retiring board. Id. 958e. Same. Officers lieretofore transferred entitled to benefits of act. That any officer who may have already been transferred from the retired list to the active list, shah 1 receive the benefits of this act. Id. 969a. Retired Army officers with certain Civil War service, may "be appointed and retired with increased rank. That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, any brigadier general of the Army on the retired list who has held the rank and command of major general of Volunteers and performed the duties incident to that grade in time of actual warfare, and has been honorable discharged, and who served with credit in the Regular or Volunteer forces during the Civil War prior to April ninth, eighteen hundred and sixty-five, to the grade of major general in the United States Army and place him on the retired list with the pay of brigadier general on the retired list; and any officer now on the retired list of the Army who served with credit for more than two years as a commissioned officer of Volunteers during the Civil War prior to April ninth, eighteen hundred and sixty-five, and who subsequently served with credit for more than forty years as a commissioned officer of the Regular Army, including service in command of troops in five Indian campaigns, the War with Spain, and the Philippine insurrection, and to whom the Con- gressional medal of honor for most distinguished conduct in action has been twice awarded, and who has also been brevetted for con- spicuous gallantry in action, and place him on the retired list of the Army with the rank and retired pay of one grade above that actually held by him at the time of his retirement from active service in the Regular Army. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 1 See 958b as to place to be occupied on active list and 958c as to examination prior to promotion. 638 MILITAEY LAWS OF THE UNITED STATES. 1083 a. Subscriptions for newspapers and periodicals under Chief of Coast Artillery. That section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign and professional newspapers and periodicals to be paid for from this appropriation. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 1158a. Supplies, technical and scientific, for departments of instruc- tion, purchase of, by contract or otherwise in discretion of Secretary of War. That all technical and scientific supplies for the departments of instruction of the Military Academy shall be purchased by con- tract or otherwise, as the Secretary of War may deem best. Act of Mar. 4, 1915 (Pub. No. 295, 38 Stat. ). 1178a. Military Academy, subscriptions for newspapers and peri- odicals for. That section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign, professional, and other newspapers and periodicals, to be paid for from any of the foregoing appropriations. Act of Mar. 4, 1915 (Pub. No. 296, 38 Stat. -). 121 la. Contracts entered into by Quartermaster Corps, certain to be reduced to writing, etc. Hereafter whenever contracts which are not to be performed within sixty days are made on behalf of the Govern- ment by the Quartermaster General, or by officers of the Quarter- master Corps authorized to make them, and are in excess of $500 in amount, such contracts shall be reduced to writing and signed by the contracting parties. In all other cases contracts shall be entered into under such regulations as may be prescribed by the Quarter- master General. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 1364a. Field Artillery, Organized Militia, horses for, care of same, etc. That for the purpose of this section the total number of horses shall not exceed thirty-two to any one battery or four to each bat- talion or regimental headquarters, and that such horses shall be used exclusively for Field Artillery purposes: And provided further, That the men to be so compensated, not to exceed five for each battery, shall be duly enlisted therein and shall be detailed by the battery commander under such regulations as the Secretary of War may pre- scribe, and shall be paid by the United States disbursing officer in each State provided for in the act of January twenty-first, nineteen hundred and three, entitled, "An act to promote the efficiency of the militia, and for other purposes," as amended. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 1364b. Same Horses to conform to standards for Regular Army and remain property of United States, etc. That the funds appropriated by section sixteen hundred and sixty-one, Revised Statutes, and by the act entitled "An act to promote the efficiency of the militia, and for other purposes," approved May twenty-seventh, nineteen hundred MILITARY LAWS OF THE UNITED STATES. 639 and eight, as amended, shall be available for the purchase, under such regulations as the Secretary of War may prescribe, of horses conform- ing to the Regular Army standards, said horses to remain the property of the United States and to be for the sole continuous use of the Field Artillery of the Organized Militia. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). 1364c. Same Secretary of War may issue condemned Army Jiorses to. That the Secretary of War may, under the provisions of this act and such regulations as he may prescribe, issue to the Field Artillery organizations hereinbefore mentioned and without cost to the State condemned Army horses which are no longer fit for service but may still be suitable for purposes of instruction, the same to be sold as now provided by law ..when the latter purpose has been served. Id. 1469a. Neutrality, withholding clearance from vessels violating, during existence of war to which United States is not a party. That, from and after the passage of this resolution, and during the existence of a war to which the United States is not a party, and in order to prevent the neutrality of the United States from being violated by the use of its territory, its ports, or its territorial waters as the base of operations for the armed forces of a belligerent, contrary to the obliga- tions imposed by the law of nations, the treaties to which the United States is a party, or contrary to the statutes of the United States, the President be, and he is hereby, authorized and empowered to direct the collectors of customs under the jurisdiction of the United States to withhold clearance from any vessel, American or foreign, which he has reasonable cause to believe to be about to carry fuel, arms, ammu- nition, men, or supplies to any warship, or tender, or supply ship of a belligerent nation, in violation of the obligations of the United States as a neutral nation. Act of Mar. 4, 1915 (Pub. Res. No. 72, 38 Stat. ). 1469b. Same. Penalty for vessels departing jurisdiction of United States without clearance. In case any such vessel shall depart or attempt to depart from the jurisdiction of the United States without clearance for any of the purposes above set forth, the owner or mas- ter or person or persons having charge or command of such vessel shall severally be liable to a fine of not less than $2,000 nor more than $10,000, or to imprisonment not to exceed two years, or both, and, in addition, such vessel shah 1 be forfeited to the United States. Id. 1472a. Same. President authorized to use land or naval forces to prevent violation. That the President of the United States be, and he is hereby, authorized and empowered to employ such part of the land or naval forces of the United States as shall be necessary to carry out the purposes of this resolution. Id. 640 MILITARY LAWS OF THE UNITED STATES. 1472b. Same. Extends to all land and water, continental or insular within jurisdiction of United States. That the provisions of this reso- lution shall be deemed to extend to all land and water, continental or insular, within the jurisdiction of the United States. Id. 1475a. Employment of armed force in Mexico ~by President justi- fied. That the President is justified in the employment of the armed forces of the United States to enforce his demand for unequivocal amends for certain affronts and indignities committed against the United States. Joint Res. No. 10, Apr. 22, 1914 (38 Stat. 770). 1475b. Same. Hostility to Mexican people disclaimed. That the United States disclaims any hostility to the Mexican people or any purpose to make war upon Mexico. Id. 1507a. Pay and allowances of soldiers sentenced to dishonorable discharge during execution of suspended sentence. Hereafter pay and allowances shall not accrue to a soldier under sentence of dis- honorable discharge, during such period as the execution of the sentence of discharge may be suspended under authority of the act of Congress approved April twenty-seventh, nineteen hundred and fourteen, and pay which has heretofore been forfeited under such suspended sentence shall not be held to have accrued to the Soldiers' Home under the operation of section forty-eight hundred and eighteen, Revised Statutes, but shall be covered back into the Treasury of the United States. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). TABLE OF STATUTES AT LARGE AND OF THE REVISED STATUTES CITED HEREIN, WITH THE PARAGRAPHS NOTED IN WHICH THE CITATIONS OCCUR, STATUTES AT LARGE. Par. 1863, Mar. 3, sec. 6 (12 Stat., 751) 1013 1866, June 27, sec. 1 (14 Stat., 74) 307 1874, Feb. 4 (18 Stat., 14) 127 1874, Mar. 4 (18 Stat, 19) 145 1874, Mar. 5, sec. 15 (18 Stat., 19-20) amending sees. 391 and 392, Revised Statutes 249, 25 1874, Mar. 7 (18 Stat., 20) 128 1874, Apr. 20: (ISStat, 33) 412,461 Sec. 2 (18 Stat, 33) 413,462 1874, May 21 (18 Stat., 48) 475 1874, June 6 (18 Stat, 60) 472,1116 1874, June 20: (ISStat, 101) 161 (18 Stat., 96, 109, 111) amending sec. 3609, Revised Statutes 86 Sec. 2 (18 Stat, 113), 308,310 Sec. 3 (18 Stat, 113) 311 Sec. 5 (18 Stat, 110).. : . 192 1874, June 22 (18 Stat, 144) 118 1874, June 23, sec. 5 (18 Stat., 245) 810 1874, Dec. 28 (18 Stat, 293) 312 1875, Mar. 1 (18 Stat, 337) 324 1875, Mar. 3: (18 Stat., 360-361) amending sec. 169, Re- vised Statutes 25 (18 Stat., 355, 370), amending sec. 3669, Revised Statutes 86 (18 Stat., 370), amen. ling sec. 3900, Re- vised Statutes 93 (18 Stat, 481) 239 (18 Stat, 410) C07 (18 Stat, 388) 838 (ISStat, 455) 865 (18 Stat, 467) 1128 (ISStat, 395) 1193 Sec. 2 (18 Stat, 455) 1234 Sec. 2 (18 Stat. 512) 985 Sec. 4 (18 Stat., 399) 866 1876, Mar. 23 (19 Stat., 8), as amended by act of Mar. 3, 1891 (2G Stat., 1103) 782 1876, June 30, sec. 5 (19 Stat, 64) 414 1876, July 24 (19 Stat, 99) 1302 1876, July 29 (19 Stat, 102) 662 1876, July 31 (19 Stat, 105) 1203 1876, Aug. 7 (19 Stat, 126) 1136 1876, Aug. 12 (19 Stat., 131) amending sec. 1276, Revised Statutes 696 1876, Aug. 15: (19Stat, 169) 41 (19 Stat., 169), amending sec. 163, Re- vised Statutes 43 48985 15 41 1876, Aug. 15 Continued. Par. (19 Stat.j 200), amending sec. 3669, Re- vised Statutes 86 Sec. 1 (19 Stat, 203) 782 Sec. 5 (19 Stat, 169).... 27 1877, Feb. 25 (19 Stat, 242), amending sec. 1132, Revised Statutes 146 1877, Feb. 27: (19 Stat., 249), amending sec. 3663, Re- vised Statutes 97 (19 Stat., 249), amending sec. 3672, Re- vised Statutes.. 100 (19 Stat, 241), amending sec. 197, Re- vised Statutes 109 (19 Stat., 241), amending sec. 215, Revised Statutes 144 (19 Stat. 242), amending sec. 1139, Re- vised Statutes 1259i (19 Stat., 249), amending sec. 3622, Re- vised Statutes 415 (19 Stat., 242), amending sec. 1167, Re- vised Statutes 835 (19 Stat., 243), amending sec. 1224, Re- vised Statutes 996 1877, Feb. 28 (19 Stat., 264) 1487 1877, Mar. 2, sec. 4 (19 Stat., 269) as amended by act of Mar. 9, 1878 (20 Stat., 27) .- . . 318 1877, Mar. 3: (19 Stat, 306) 80 Sec. 5 (19 Stat, 335) 252 Sec. 6 (19 Stat, 336) 254 (19 Stat, 370) 119 1878, Mar. 9 (20 Stat., 27), amending sec. 4, act of Mar. 2, 1877 (19 Stat., 269) 318 1878, Apr. 10 (20 Stat, 36) 1206 1878, June 18: Sec. 2 (20 Stat, 149) 326 Sec. 7 (20 Stat, 150) 655 Sec. 8 (20 Stat, 150) 554 Sec. 15 (20 Stat, 152) .' 1480 1878, June 30 (20 Stat, 216) 1202 1879, Feb. 3 (20 Stat, 281) 1306,1307 1879, Mar. 3: (20 Stat, 389, 412) 487,847 Sec. 9 (20 Stat, 358) 251 1879, June 23(21 Stat. 31) 670 1879, June 23, sec. 8 (21 Stat., 35) 364 1880, May 4 (21 Stat, 113) 949 1880, May 11, sec. 4 (21 Stat., 132) 1413 1880, June 1(21 Stat, 153) 1116 1881, Jan. 21 (21 Stat, 317) 1204 1881, Jan. 31: Sec. 2 (21 Stat., 604) 1011 Sec. 3 (21 Stat., 604) 1012 641 642 TABLE OF STATUTES CITED. Par. 1881, Feb. 24 (23 Stat. 346) 656 1881, Feb. 24 (23 Stat., 347) 557 1881, Mar. 3 (21 Stat., 468) 837 1882, June 30: (22 Stat., 118), amending sec. 1190, Re- vised Statutes 629 (22 Stat., 122,118,118) 869,964,998 Sec. 3 (22 Stat., 122) 723 1882, Aug. 5: (22 Stat., 241) 120 Sec. 4 (22 Stat., 255) 28,29 1882, Aug. 7 (22 Stat., 345) 1496 1883, Jan. 16, sec. 7 (22 Stat., 406) 166 1883, Mar. 3: (22 Stat., 552, 553, 456, 625, 616, 457, 457, 488,627,453) 99, 154,675,863,898,965, 1004, 1207, 1300, 1488 Sec. 1 (22 Stat., 564) 1504 Sec. 2 (22 Stat., 563) 126 Sec.3 (22 Stat., 564) 1512 Sec. 4 (22 Stat., 564) 1520 Sec. 5(22 Stat. 565) 1522 Sec. 6 (22 Stat., 565) 1518 Sec. 7 (22 Stat., 565) 1506 Sec.8 (22 Stat., 565) 1510 Sec. 9 (22 Stat., 564) 1513 Sec. 10 (22 Stat., 565), amending sec. 4815, Revised Statutes 1502 1884, May 1 (23 Stat., 17) 1195 1884, May 13, sec. 2 (23 Stat., 22) 59 1884, July 4 (23 Stat., 94) 1408 1884, July 5: (23 Stat., 113, 111, 108, 111, 112, 159, 110) . . 410, 532, 603, 730, 742, 841, 1235 (23 Stat., 109), as amended by acts of July 8, 1898 (30 Stat., 728), and Feb. 2, 1901 (31 Stat., 751) 514 (23 Stat., 109), as amended by act of Mar. 2, 1901 (31 Stat., 907) 538 (23 Stat., 110), as amended by act of Mar. 2, 1885 (23 Stat., 359) 563 (23 Stat., 110), amending sec. 1287, Re- vised Statutes, 562 Sec. 1 (23 Stat., 159, 103) 852,1281 Sec. 2 (23 Stat., 113, 159) 467,851 Sec. 3 (23 Stat., 158) 255,256 Sec. 6 (23 Stat., 104) 1284 1884, July 7, sec. 2 (23 Stat., 254) 92, 216 1885, Feb. 25, sec. 5 (23 Stat., 322) 1318 1885, Mar. 2 (23 Stat., 359), amending act of July 5, 1884 (23 Stat., 110) 563 1885, Mar. 3: (23 Stat., 350, 502) 217,868 (23 Stat., 359), amending sec. 1287, Re- vised Statutes 562 1886, Jan. 19. sec. 1 (24 Stat., 1) 5 1886, Jan. 19, sec. 2 (24 Stat., 1) 6 1886, May 17 (24 Stat., 50), amending sec. 1213, Revised Statutes 1154 1886, May 20, sees, land 2 (24 Stat., 69) 1161 1886, Dec. 20 (24 Stat., 351) 1156 1887, Jan. 29 (24 Stat., 372) 1186 1887, Mar. 1: (24 Stat. , 435) 756 Sec. 2 (24 Stat., 435), as amended by act of Mar. 16, 1896 (29 Stat., 61) 758 1887, Mar. 1 Continued. Par. Sec. 3 (24 Stat., 435) 764 Sec. 4 (24 Stat., 435) 760 Sec. 5 (24 Stat., 435) 766,1037 Sec. 7 (24 Stat., 435) 767 1888, May 1 (25 Stat., 112) 1178 1888, Aug. 1: Sec. 1 (25 Stat., 357) 1276 Sec. 2 (25 Stat., 357) 1277 1888, Aug. 8: (25Stat., 387) 397 Sec. 2 (25 Stat., 387) 398 1888, Sept. 22 (25 Stat., 486, 489) 537,870 1888, Sept. 26 (25 Stat., 491) 943 1888, Sept. 26 (25 Stat. 492) 951 1888, Oct. 12 (25 Stat., 552) 894,901 1889, Feb. 8 (25 Stat., 657) 160 1889, Feb. 16 (25 Stat., 672) 132 1889, Mar. 1: Sec. 6 (25 Stat., 773) 1371 Sec. 7 (25 Stat., 773) 1372 Sec. 9 (25 Stat., 773) 1373 1889, Mar. 2: (25 Stat., 831) 578 Sec. 1 (25 Stat., 869), as amended by act of May 9, 1892 (27 Stat., 27) 443 Sec. 2 (25 Stat., 869), as amended by act of Mar. 2, 1891 (26 Stat., 824) 444 Sec. 3 (25 Stat., 870), as amended by act of May 9, 1892 (27 Stat., 27) 445 Sec. 4 (25 Stat., 870) 446 Sec. 5 (25 Stat., 870) 447,448 Sec. 6 (25 Stat., 870) 449 Sec. 7 (25 Stat., 870) 450 Sec. 8 (25 Stat., 870) 451,452 Sec. 9 (25 Stat., 871) 453 1890, Feb. 27: Sec. 1 (26 Stat., 13) 1000 Sec. 2 (26 Stat., 13) 1002 Sec. 3 (26 Stat., 14) 1003 1890, Mar. 4 (26 Stat., 16) 1490 1890, Mar. 5 (26 Stat., 17) 142 1890, Apr. 9: Sec. 1 (26 Stat., 50) : 319 Sec. 3 (26 Stat., 50) 320 1890, June 13 (26 Stat., 152) 1237 1890, June 16: Sec. 3 (26 Stat., 158) 1056 Sec. 4 (26 Stat., 158) 1043 1890, June 20 (26 Stat., 167) 116S 1890, July 11, sec. 2 (26 Stat., 268) 103 1890, Aug. 18 (26 Stat., 316) 802,804 1890, Aug. 29 (26 Stat., 371) 57,58 1890, Aug. 30 (26 Stat., 411) 107 1890, Sept. 19, sec. 2 (26 Stat., 452) 1210 1890, Sept. 27 (26 Stat., 491) p. 614 1890, Sept. 30 (26 Stat., 504) 713,1039 1890, Oct. 1- Sec. 7 (26 Stat., 654), amending sec. 1207, Revised Statutes 386 Sec. 1 (26 Stat., 562) 927 Sec. 2 (26 Stat., 653, 562) 893, 896, 926, 935 Sec. 3 (26 Stat., 562) 930,931 Sec. 7 (26 Stat., 653) 884 Sec. 9 (26 Stat., 646), amending sec. 237, Revised Statutes 195 1891, Jan. 16 (26 Stat., 718) 1511 TABLE OF STATUTES CITED. 643 1891, Jan. 19: Par. Sec. 4 (26 Stat, 721) 1240 (26 Stat., 722), amending sec. 1346, Re- vised Statutes 478 (26 Stat., 722), amending sec. 1348, Re- vised Statutes 479 1891, Feb. 6 (26 Stat., 733), amending sec. 180, Revised Statutes 16 1891, Feb. 9, sec. 2 (26 Stat., 737) 719 1891, Feb. 16: (26 Stat., 763), amending sec. 1258, Re- vised Statutes 966 (26 Stat., 763) 967 1891, Feb. 24 (26 Stat., 773,769, 769,769) 460, 827,873,1239 1891, Feb. 28 (26 Stat., 797) 1523 1891, Mar. 2 (26 Stat., 824), amending sec. 2, act of Mar. 2, 1889 (25 Stat., 869) 444 1891, Mar. 3: (26 Stat., 1103), amending act of Mar. 23, 1876 (19 Stat., 8) 782 (26 Stat., 1082) 1493 1892, Mar. 29 (27 Stat., 12), amending sec. 1216, Revised Statutes 1018 1892, May 91 (27 Stat, 27) 432,438 (27 Stat., 27), amending sec. 1, act of Mar. 2, 1889 (25 Stat., 869) 443 (27 Stat., 27), amending sec. 3, act of Mar. 2, 1889 (25 Stat., 870) 445 1892, May 10, sec. 4 (27 Stat., 28) 534 1892, July 13 (27 Stat., 120) 765,940 1892, July 14 (27 Stat., 149) 1491 1892, July 16: (27 Stat., 178), amending sec. 1308, Re- vised Statutes 575 (27 Stat., 178, 178, 177, 178, 193) 518, 597, 694, 1294, 1509 1892, July 23: (27 Stat., 260) 877 (27 Stat. 260), amending sec. 2139, Re- vised Statutes 1403 Sec. 6 (27 Stat., 263) 1180 1892, July 27: Sec. 1 (27 Stat., 276) 932 Sec. 3(27 Stat. 277) 741 Sec. 3 (27 Stat., 278) 1033 Sec. 4 (27 Stat, 278) 473 1892, July 27 (27 Stat, 321) 1279 1892, July 30: (27 Stat, 336) 920 Sec. 2 (27 Stat. 336) 921 Sec. 3 (27 Stat, 336) 922,923 Sec. 4 (27 Stat, 336) 924 1892, Aug. 1: Sec. 1 (27 Stat, 340) 1219 Sec. 2 (27 Stat, 340) 1220 Sec. 3 (27 Stat, 340) 1221 1893, Feb. 18 (27 Stat, 461) 874 1893, Feb. 27: (27 Stat, 484, 484,480,479,480,480,484,484) 546, 550, 552, 627, 672, 673, 762, 1291 Sees. 3 and 4 (27 Stat, 478) 322 1893, Mar. 1 (27 Stat, 515, 520) 1117,1178 1893, Mar. 3: (27 Stat, 653) 463 Sec. 3 (27 Stat, 715) 122 Sec. 4 (27 Stat, 715) 123 Par. 1893, Nov. 3 (28 Stat, 7) 944 1894, Mar. 29: (28 Stat., 47), amending sec. 1221, Revised Statutes 573 Sec. 1 (28 Stat, 47) 1256 Sec. 2 (28 Stat, 47) 1257 Sec. 3 (28 Stat, 47) 1258 Sees. 4 and 5 (28 Stat, 47) 1259 1894, June 28 (28 Stat, 96) 56 1894, July 26 (28 Stat. 124,151) 1065,1130 1894, July 31: (28 Stat., 209), amending sec. 3622, Re- vised Statutes 415 (28 Stat., 210), amending sec. 3743, Re- vised Statutes 1216 Sec. 2 (28 Stat, 205) 169,990 Sec. 4 (28 Stat., 205), amending sec. 3624, Revised Statutes 203 Sec. 5 (28 Stat, 206) 200 Sec. 6 (28 Stat, 206) 201 Sec. 7 (28 Stat., 206), amending sec. 278, Revised Statutes 205,213 Sec. 8 (28 Stat., 206) 202, 208, 209, 210 Sec. 11 (28 Stat., 209), amending sec. 305, Revised Statutes 179,237 Sec. 12 (28 Stat., 209), as amended by act of Mar. 2, 1901 (31 Stat., 910) 196 Sec. 17 (28 Stat., 210), as amended by sec. 10, act of Mar. 2, 1895 (28 Stat., 809). ... 246 Amending sec. 886, Revised Statutes . . 247 Sec. 22 (28 Stat, 210) 197 Sec. 23 (28 Stat, 211) 211 1894, Aug. 1: (28 Stat, 215) 876 Sec. 2 (28 Stat., 216), as amended by sec. 4, act of Mar. 2, 1899 (30 Stat., 978). 1029, 1030 1894, Aug.6 (28 Stat. ,237, 237,236,235) . 677, 688, 727, 950 1894, Aug. 13: (28 Stat., 278), as amended by act of Feb. 24, 1905 (33 Stat, 812) 1217 (28 Stat, 279) 389 Sec. 2 (28 Stat, 279) 390 1894, Aug. 18 (28 Stat., 403, 406, 412).. 440, 1852,463* 1895, Jan. 12: Sec. 73 (28 Stat., 618, 615) Ill, 321 Sec. 98 (28 Stat, 624) 125,1173 1895, Feb. 12 (28 Stat, 658) 589 1895, Mar. 2: (28 Stat, 933, 814) 133,454 Sec. 5 (28 Stat., 807, 808) 394, 395, 396 Sec. 6 (28 Stat., 808), amending sec. 3711, Revised Statutes 1242 Sec. 7 (28 Stat, 808) 102 Sec. 10 (28 Stat., 809), amending sec. 17, act of July 31, 1894 (28 Stat., 210) 246 Sec. 10 (28 Stat., 809), amending sec. 886, Revised Statutes 247 1896, Feb. 18 (29 Stat, 8) 1133 1896, Mar. 6 (29 Stat, 49) 1177 1896, Mar. 16: (29 Stat., 60, 62) 707,715 (29 Stat., 61), amending sec. 2, act of Mar. 1, 1887 (24 Stat, 435) 758 1896, Mar. 28 (29 Stat., 75) 925 1896, May 15: (29 Stat, 120) 1296 Sec. 2 (29 Stat, 121) 1297,1298 644 TABLE OF STATUTES CITED. Par. 1896, May 22 (29 Stat., 133) 849 1896, May 28: (29 Stat., 148) 411 Sec. 3 (29 Stat., 179), amending sec. 166, Revised Statutes 34 See. 4 (29 Stat., 179) 199 1896, June 3, sec. 7 (29 Stat., 235) 799 1896, June 8 (29 Stat., 268) 406 1897, Jan. 26 (29 Stat., 497) 458 1897, Jan. 30 (29 Stat., 506) 1404 1897, Feb. 4 (29 Stat., 511) 1008 1897, Feb. 19 (29 Stat., 550) 124 1897, Feb. 24: Sec. 1 (29 Stat., 593) 455 Sec. 2 (29 Stat., 593) 456 Sec. 3 (29 Stat., 593) 457 1897, June 4 (30 Stat., 48) 98 1897, June 7 (30 Stat., 86) 84 1898, Mar. 15: Sec. 3 (30 Stat., 316) 78 Sec. 5 (30 Stat., 316) 212 Sec. 6 (30 Stat., 316), amending sec. 3711, Revised Statutes 1242 Sec. 7 (30 Stat., 316, 317) 48, 49, 50, 108 (30 Stat., 323,326) 539,828 1898, Apr. 22: Sec. 1 (30 Stat., 361) 327 Sec. 2 (30 Stat., 361) 328 Sec. 3 (30 Stat. 361) 330 Sec. 8 (30 Stat., 362) 439 Sec. 9 (30 Stat., 362) 357 Sec. 10 (30 Stat., 362) 358, 359, 360 Sec. 12 (30 Stat., 363) 636 1898, Apr. 26: Sec. 2 (30 Stat., 364) 928 Sec. 3 (30 Stat., 365) 892 Sec. 6 (30 Stat., 365) 567,705,1054 Sec. 7 (30 Stat., 365)... 639 1898, May 28, sec. 1 (30 Stat., 421) 361 1898, June 6 (30 Stat., 432), amending sec. 1757, Revised Statutes 60 1898, June 16 (30 Stat., 473) 1272 1898, June 18: Sec. 2 (30 Stat., 484) 1057 Sec. 3 (30 Stat., 484) p. 614 Sec. 4 (30 Stat., 484) p. 614 Sec. 5 (30 Stat., 484) p. 614 Sec. 6 (30 Stat., 484) p. 614 1898, July 1 (30 Stat., 644, 573) 989, 1397 1898, July 7 (30 Stat., 653, 721, 720) 51, 650, 816 1898, July 8: (30 Stat., 722)....... 1181 (30 Stat., 728), amending act of July 5, 1884 (23 Stat., 109) 514 1899, Feb. 24: (30 Stat., 864) 121 Sec. 4 (30 Stat., 890) 52 1899, Mar. 2: Sec. 2(30 Stat., 977) 1076 Sec. 4 (30 Stat., 978) 1099 Sec. 4 (30 Stat., 978), amending sec. 2, act of Aug. 1, 1894 (28 Stat., 216) 1029 Sec. 7 (30 Stat., 979) 906,961 (30 Stat., 977), as amended by act of Feb. 2, 1901 (31 Stat., 748) 612 Sec. 16 (30 Stat., 981) 711 Par. 1899, Mar. 3 (30 Stat., 1073, 1380) 860,1499 1900, Feb. 9 (31 Stat., 7), amending sec. 4843, Revised Statutes 1525 1900, Apr. 30, sec. 67 (31 Stat., 153) 1478 1900, May 25 (31 Stat., 186) 875 1900, May 26 (31 Stat., 211, 211, 206,209,209)... 568, 640,897,1040,1182 1900, June 6: (31 Stat., 658, 637, 624, 671, 618, 671) ... 182,219, 549,959,1301,1374 Sec. 4 (31 Stat., 656), amending sec. 1315, Revised Statutes 1139 Sec. 29 (31 Stat., 330).... 1477 1901, Feb. 1 (31 Stat., 746) 857 1901, Feb. 2: (31 Stat., 748), amending act of Mar. 2, 1899 (30 Stat., 977) 512 (31 Stat., 751), amending act of July 5, 1884 (23 Stat., 109) 514 Sec. 1 (31 Stat., 748) 331 Sec. 2 (31 Stat., 748), as amended by act Mar. 3, 1909 (35 Stat., 735) 1074 Sec. 2 (31 Stat., 748) 1075,1077 Sec. 3 (31 Stat., 748) 1081 Sec. 4 (31 Stat., 749) 1082 Sec. 10(31 Stat., 750) 1095,1097,1098,1100 Sec. 11 (31 Stat., 750).. 790,792,793,795,796 Sec. 11 (31 Stat., 750), amending sec. 1156, Revised Statutes 794 Sec. 12 (31 Stat., 750) 902,912,913 Sec. 13 (31 Stat., 751) 431 Sec. 14 (31 Stat., 751) 459 Sec. 15 (31 Stat., 751) 465,468,469 Sec. 16 (31 Stat., 751) 507 Sec. 17 (31 Stat., 752), amending sec. 1140, Revised Statutes 580 Sec. 18 (31 Stat., 752, 753) . . 738, 753 , 754, 759, 761 Sec. 19 (31 Stat., 753) 772^,769 Sec. 20 (31 Stat., 753) 544,1078 Sec. 21 (31 Stat., 754) 613 Sec. 22 (31 Stat., 754) 791 Sec. 24 (31 Stat., 754) 879,890 Sec. 25 (31 Stat., 754) 433 Sec. 26 (31 Stat., 755).. 373,374,376-379,509-511, 581-583, 616-618, 81 1-813, 885, 887, 888, 936, 973 Sec. 27 (31 Stat., 755) 383 Sec. 28 (31 Stat., 755,756) 1101,1102,1103 Sec. 30 (31 Stat., 756) 333, 1044, 1105 Sec. 32 (31 Stat., 756) 933 Sec. 34 (31 Stat., 757) 1009 Sec. 36 (31 Stat., 757) 332, 335, 336, 337,338 Sec. 37 (31 Stat., 758) 341 Sec. 38(31 Stat., 758) 1295 Sec. 40(31 Stat., 758) 593 Sec. 41 (31 Stat., 758) 1023 1901, Feb. 15 (31 Stat, 790) 1282 1901, Feb. 26 (31 Stat., 810) 945, 952 1901, Mar. 1 (31 Stat., 875) 871 1901, Mar. 2: (31 Stat. , 899, 906, 906, 904, 902, 901, 901, 903, 902,902,910,910,903,901,905) 459, 540, 569, 611, 663, 671, 676, 683, 684, 687, 848, 872, 1046, 1078, 1198 (31 Stat., 910), amending sec. 12, act of July 31, 1894 (28 Stat., 209) 196 (31 Stat., 907), amending act of July 5, 1884 (23 Stat., 109) 538 TABLE OF STATUTES CITED. 645 1901, Mar. 2 Continued. Par. (31 Stat., 902), amended by act of June 12, 1906 (34 Stat., 246) 686 (31 Stat., 914), amending sec. 1338, Re- vised Statutes 1131 (31 Stat., 911), amending sec. 1319, Re- vised Statutes 1147 1901, Mar. 3: (31 Stat., 1448), amending sec. 5153, Re- vised Statutes 182 (31 Stat., 1163) 1526 Sec. 5 (31 Stat., 1009) 87 1902, June 28: (32 Stat., 481, 409, 410, 409, 464) 112, 1126,1140,1152,1292 (32 Stat., 409), amending sec. 1339, Re- vised Statutes 1153 1902, June 30 (32 Stat., 509, 511, 516, 512, 508, 509) 380, 513, 548, 642, 664, 891 * 1902, July 1: (32 Stat., 629) 1047 Sec. 4 (32 Stat., 729) 780 Sec. 5 (32 Stat., 713) 781 1903, Jan. 21: Sec. 2 (32 Stat., 775) 1323,1324 Sec. 6 (32 Stat., 776) 1341 Sec. 9 (32 Stat., 776) 1342 Sec. 10 (32 Stat., 776) 1347 Sec. 12 (32 Stat., 776) 1335 Sec. 14 (32 Stat., 777) 1356 Sec. 17 (32 Stat., 778) 1354 Sec. 18 (32 Stat., 778) 1331 Sec. 21 (32 Stat., 779) 1360 Sec. 22 (32 Stat., 779) 1348 Sec. 25 (32 Stat., 780) 1320 1903, Jan. 30: Sec. 1 (32 Stat., 783) 941 Sec. 2 (32 Stat., 783) 340 1903, Feb. 14: Sec. 1 (32 Stat., 830) 365 Sec. 2 (32 Stat., 831) 368 Sec. 3 (32 Stat., 831) 366 Sec. 4 (32 Stat., 831) 369 1903, Feb. 25 (32 Stat., 885), amending sec. 1167, Revised Statutes 834 1903, Feb. 28, sec. 1 (32 Stat., 920), amending sec. 4708, Revised Statutes 1501 1903, Mar. 2 (32 Stat., 938, 938, 934, 930, 932, 934, 930,930,932,932, 932,932, 1012, 944) 150, 151,349, 659, 709, 757, 763,768, 880, 881, 886, 957, 1118, 1489 1904, Apr. 21: (33 Stat., 234, 225) 806,946 Sec. 1 (33 Stat., 226) 909 Sec. 2(33 Stat., 226) 910 Sec. 3 (33 Stat., 226) 911,953 1904, Apr. 23 (33 Stat., 267) 628 1904, Apr. 23 (33 Stat., 266, 262, 261, 268, 266, 266, 263, 276, 264, 264, 274, 264, 275) .... 342, 434, 585, 594, 739, 740, 784, 846, 958, 969, 1014, 1041, 1364 1904, Apr. 27 (33 Stat., 401) .' 435 1904, Apr. 28 (33 Stat., 518, 497, 498, 496) 152, 803, 1288, 1299 1905, Feb. 3, sec. 4 (33 Stat., 687) 82 1905, Feb. 24 (33 Stat., 812), amending act of Aug. 13, 1894 (28 Stat., 278) 1217 Par. 1905, Mar. 2 (33 Stat., 832, 840, 831, 836) 623, 845,974,1289 1905, Mar. 3: (33 Stat., 1249, 850) 113,1132 (33 Stat., 853), amending sec. 1111, Re- vised Statutes 1165 Sec. 1 (33 Stat., 1213, 986) 116,1367 Sec. 2 (33 Stat., 987) 1368 Sec. 4 (33 Stat., 1257), amending sec. 3679, Revised Statutes 188 1906, Feb. 27: (34 Stat., 49, 33) 37,1225 Sec. 3 (34 Stat., 48), amending sec. 3679, Revised Statutes 188 1906, Mar. 15 (34 Stat., 62). 1025 1906, June 7 (34 Stat., 219) 105 1906, June 8: Sec. 2 (34 Stat., 225) 1285 Sec. 3 (34 Stat., 225) 1286 Sec. 4 (34 Stat., 225) 1287 1906, June 12: (34 Stat., 258, 250, 246, 248, 246, 247, 247, 246, 242, 248, 246, 258, 256, 245, 258, 249) . . . 417, 555, 576, 626, 678, 679, 682, 685, 704, 710, 716, 830, 904, 972, 1200, 1330 (34 Stat., 255), amending sec. 3732, Re- vised Statutes 1190 (34 Stat., 246), amending act of Mar. 2, 1901 (31 Stat., 902) 686 1906, June 19: Sec. 1 (34 Stat., 299) 1463 Sec. 4 (34 Stat., 300) 1464 1906, June 22: (34 Stat., 401) 12 (34 Stat., 449), amending sec. 192, Revised Statutes 76 (34 Stat., 418) 363 Sec. 1 (34 Stat., 449) 1351 Sec. 2 (34 Stat., 449) 1353 Sec. 3 (34 Stat., 450) 1358 Sec. 4 (34 Stat., 448, 450) 90, 91, 1359 Sec. 5 (34 Stat., 449) 36 Sec. 6 (34 Stat., 449).. 30 1906, June 25 (34 Stat., 456, 455, 455). . . . 156, 809, 814 1906, June 29, sec. 2 (34 Stat., 587) 525 1906, June 30: (34 Stat., 817, 750) 954,1059 Sec. 2 (34 Stat., 762) 94 Sec. 4 (34 Stat., 669) 1226 Sec. 5 (34 Stat., 763> 101 Sec. 9 (34 Stat., 764) 189 1907, Jan. 25: Sec. 1 (34 Stat., 861) 1083 Sec. 2 (34 Stat., 861). 370 Sec. 3 (34 Stat., 861) 1087 Sec. 4 (34 Stat., 861) 1093 Sec. 5 (34 Stat., 861, 862) 1086,1089 Sec. 6 (34 Stat., 862> 1088 Sec. 7 (34 Stat.. 862) 1090, 1094 Sec. 8 (34 Stat., 862) 1091 Sec. 9 (34 Stat., 863) 1084 Sec. 10 (34 Stat., 863) 1085 Sec. 11 (34 Stat., 863) 1092 Sec. 12 (34 Stat., 864) 903 646 TABLE OF STATUTES CITED. 1907, Mar. 2: Par. (34 Stat., 1162,1162,1160, 1158, 1169, 1170, 1168, 1167, 1166, 1066, 1166, 1165, 1166, 1159, 1171, 1169, 1217, 1163, 1172, 1062, 1159, 1163, 1160, 1063, 1063, 1167, 1166, 1174) 157, 158, 350, 436, 476, 528, 551, 556, 559, 564, 592, 595, 612, 647, 665, 668, 714, 755, 779, 861, 899, 970, 1104, 1119, 1149, 1169, 1188, 1365 Sees. 1 and 2 (34 Stat., 1217) 1038 1907, Mar. 2 (34 ttat, 1175) 831 1908, Apr. 19, sec. 1 (35 Stat., 64) 1498 1908, Apr. 23: Sec. 1 (35 Stat., 66) 728 Sec. 2 (35 Stat., 66) 729 Sec. 3 (35 Stat, 67) 731,734 Sec. 4 (35 Stat., 67) 732 Sec. 5 (35 Stat., 67) 735 Sec. 6 (35 Stat., 68) 737 Sec. 7 (35 Stat., 68) 733,744,745 Sec. 8 (35 Stat, 68) 746 Sec. 9 (35 Stat, 68) 747,748 1908, May 11: (35 Stat., 114, 108, 110, 114, 108, 114, 109, 109, 109, 110, 110, 110, 110, 110, 109, 110, 125, 109, 109, 108, 108, 117, 122) 343, 637,643, 645, 654, 681, 695, 697-702, 706,708, 722, 829, 1034, 1035, 1061, 1153, 1350, 1527 (35 Stat., 108) amending sec. 1261, Re- vised Statutes 635 1908, May 16 (35 Stat, 163) 339 1908, May 27: (35 Stat, 373) 1060 Sec. 1 (35 Stat., 392, 399) 344, 1322 Sec. 2 (35 Stat., 392, 399-400) . 345, 1325-1327, 1357 Sec. 3 (35 Stat, 392, 400) 346,1339 Sec. 4 (35 Stat., 392, 400) .... 347, 1340, 1344, 1345 Sec. 5 (35 Stat., 392, 401) 348, 1346 Sec. 6 (35 Stat, 401) 1343 Sec. 7 (35 Stat, 401) 1349 Sec. 8 (35 Stat., 401, 402) 1336, 1361-1363 Sec. 9 (35 Stat, 402) 1329 Sec. 10 (35 Stat, 402) 1334 Sec. 11 (35 Stat., 403) 1332, 1337, 1338 1908, May 28: (35 Stat, 431) 1166 (35 Stat., 430), amending sec. 1339, Re- vised Statutes 1153 (35Stat, 441) 1143 Sec. 14 (35 Stat, 443) 839 1908, May 30: Sec. 1 (35 Stat, 556) 66 Sec. 2 (35 Stat, 556) 67 Sec. 3 (35 Stat, 556) 71 Sec. 4 (35 Stat, 556) 68 Sec. 5 (35 Stat, 556) 70 Sec. 6 (35 Stat, 556) 69 Sec. 7 (35 Stat, 556) 72 1909, Feb. 18: Sec. 47 (35 Stat, 634) 1379 Sec. 50 (35 Stat, 634) 1466 Sec. 74 (35 Stat, 636) 1321 1909, Feb. 23: (35 Stat., 643), amending sec. 3647, Re- vised Statutes 245 (35 Stat., 643), amending sec. 3646, Re- vised Statutes 245 1909, Mar. 3: Par. (35 Stat., 735), amending sec. 2, act of Feb. 2, 1901 (31 Stat, 748) 1074 (35 Stat, 747, 737, 751, 750, 751, 751, 732, 738,735,733,750,751) 523, 736, 815, 832, 843, 844, 878, 947, 1062, 1183, 1366 1909, Mar. 4: (35 Stat, 1021, 1003,1004,1028).. 115,477,547,1123 Sec. 8 (35 Stat, 1027) 24 Sec. 9 (35 Stat, 1027) 408 Sec. 47 (35 Stat., 1075) 1075 Criminal Code- Sec. 9 (35 Stat, 1089) 1467 Sec. 10 (35 Stat, 1089) 1468 Sec. 11 (35 Stat, 1090) 1469 Sec. 12 (35 Stat, 1090) 1470 Sec. 13 (35 Stat, 1090) 1471 Sec. 14 (35 Stat, 1090) 1472 Sec. 15 (35 Stat, 1091) 1473 Sec. 18 (35 Stat, 1091) 1474 Sec. 22 (35 Stat, 1092) 1457 Sec. 23 (35 Stat, 1092) 1458 Sec. 24 (35 Stat, 1092) 1459 Sec. 25 (35 Stat, 1093) 1460 Sec. 26 (35 Stat, 1093) 1461 Sec. 28 (35 Stat, 1094) 131 Sec. 35 (35 Stat, 1095) 220 Sec. 36 (35 Stat, 1096) 1264 Sec. 38 (35 Stat, 1098) 1267 Sec. 39 (35 Stat, 1095) 1251 Sec. 41 (35 Stat, 1097) 1250 Sec. 42 (35 Stat., 1097) 1055 Sec. 43 (35 Stat, 1097) 859 Sec. 44 (35 Stat, 1097) 1315 Sec. 45 (35 Stat, 1097) 1317 Sec. 46 (35 Stat, 1097) 1265 Sec. 47 (35 Stat, 1097) 1263 Sec. 48 (35 Stat, 1098) 1266 Sec. 50 (35 Stat, 1098) 1311 Sec. 51 (35 Stat, 1098) 1312 Sec. 56 (35 Stat, 1099) 1314 Sec. 57 (35 Stat, 1099) 1313 Sec. 60 (35 Stat, 1099) 900 Sec. 85 (35 Stat, 1104) 1252 Sec. 86 (35 Stat., 1105) 418 Sec. 87 (35 Stat, 1105) 419 Sec. 89 (35 Stat, 1105) 420 Sec. 90 (35 Stat, 1105) 421 Sec. 91 (35 Stat, 1105) 422 Sec. 92 (35 Stat, 1105) 423 Sec. 93 (35 Stat, 1105) 424 Sec. 94 (35 Stat, 1106) 425 Sec. 95 (35 Stat, 1106) 426 Sec. 96 (35 Stat, 1106) 437 Sec. 97 (35 Stat., 1106) 428 Sec. 98 (35 Stat, 1106) 1192 Sec. 101 (35 Stat., 1107) 110 Sec. 106 (35 Stat, 1107) 429 Sec. 109 (35 Stat, 1107) 430 Sec. 112 (35 Stat., 1108) 1245 Sec. 113 (35 Stat, 1109) 1246 Sec. 114 (35 Stat., 1109) 1247 Sec. 115 (35 Stat, 1109) 1248 Sec. 116(35 Stat, 1109) 1249 Sec. 117 (35 Stat., 1109) 1254 Sec. 118 (35 Stat, 1110) 172 Sec." 119 (35 Stat., 1110) 173 TABLE OP STATUTES CITED. 647 1909, Mar. 4 Continued. Par. Criminal Code Continued. Sec. 120(35Stat., 1110) 174 Sec. 121 (35 Stat., 1110) 175 Sec. 122 (35 Stat., 1110) 176 Sec. 128 (35 Stat., 1111) 129 Sec. 129 (35 Stat., 1112) 130 Sec. 134 (35 Stat., 1113) 1253 Sec. 201 (35 Stat., 1127) 1465 Sec. 227 (35 Stat., 1134) 253 Sec. 286 (35 Stat., 1144) 1316 1909, Aug. 5 (36 Stat., 125) 393 1910, Mar. 23 (36 Stat., 248, 241, 241, 257, 255, 254, 252, 255, 245, 249, 261, 244) 159, 391, 392, 522, 526, 558, 560, 561, 703, 771, 826, 1187 1910, Apr. 19 (36 Stat., 324, 312, 312, 323, 323) . . 939, 1121,1124,1141,1164 1910, Apr. 21 (36 Stat., 329) 1328 1910, May 27, sec. 1 (36 Stat., 443) 1376. 1910, June 17, sec. 4 (36 Stat., 531) 1197 1910, June 23, sec. 3 (36 Stat., 603) 1369 1910, June 24 (36 Stat., 628) 1228 1910, June 25: (36 Stat., 851) 299 Sec. 1 (36 Stat., 770) 33 1911, Jan. 19 (36 Stat., 894) 993 1911, Feb. 2, sec. 2(31 Stat., 748) 1071 1911, Feb. 13 (36 Stat., 898), amending sec. 183, Revised Statutes 64 1911, Feb. 27, sec. 5 (36 Stat, 957) 785,786 1911, Mar. 1 (36 Stat., 693) 1010 1911, Mar. 3: (36 Stat., 1037, 1045, 1051, 1051, 1051, 1051, 1040, 1047, 1044, 1044, 1044, 1039, 1056, 1054, 1054, 1054, 1054, 1054, 1045, 1058, 1057, 1049, 1042, 1016, 1045, 1057) 371, 508, 529, 530, 533, 535, 541, 604, 622, 630, 634, 641, 680, 750, 751, 752, 777, 778, 918, 929, 955, 1070, 1079, 1120, 1333 1370 Sec. 1 (36 Stat., 1084) 1317J Sec. 2 (36 Stat., 1085) 1317$ Sec. 3 (36 Stat., 1085) 1317$ Judicial Code- Sec. 24, par. 20 (36 Stat., 1093) 278 Sec. 41 (36 Stat., 1100) 300 Sec. 45 (36 Stat., 1100) 301 Sec. 46 (36 Stat., 1100) 302 Sec. 47 (36 Stat., 1100) 303 Sec. 145 (36 Stat., 1136) 277 Sec. 146 (36 Stat., 1137) 279 Sec. 147 (36 Stat., 1137) 280 Sec. 152 (36 Stat., 1138) 298 Sec. 154 (36 Stat., 1138) 281 Sec. 156 (36 Stat,, 1139) 282 Sec. 159 (36 Stat., 1139) 283 Sec. 164 (36 Stat., 1140) 284 Sec. 165 (36 Stat., 1140) 285 Sec. 171 (36 Stat., 1141) 286 Sec. 173 (36 Stat., 1141) 287 Sec. 175 (36 Stat., 1141) 288 Sec. 176 (36 Stat., 1141) 289 Sec. 177 (36 Stat., 1141) 290 Sec. 178 (36 Stat., 1141) 291 Sec. 179 (36 Stat., 1141) 292 Sec. 180 (36 Stat., 1141) 294 Sec. 181 (36 Stat., 1142) 295 Sec. 185 (36 Stat., 1142) 293 See. 242 (36 Stat., 1157) 296 Sec. 243 (36 Stat., 1157) .... 297 1911, Mar. 4: Par. (36 Stat, 1355, 1348,1344,1354,1288,1253) .. 171, 749,862,971,1229,1283 1912, Mar. 4 (37 Stat, 72) 772 1912, June 6 (37 Stat, 126) 1231 1912, June 14 (37 Stat., 133) 536 1912, June 19: Sec. 1 (37 Stat., 137) 1222 Sec. 2 (37 Stat, 138) 1223,1224 1912, June 26, sec. 8 (37 Stat., 184) 81 1912, July 17 (37 Stat., 193) 864 1912, July 25 (37 Stat., 218) 1227 1912, Aug. 9 (37 Stat., 263, 252, 252, 252, 252, 252,254,257,260) 1115, 1122, 1137, 1144, 1148, 1157, 1171, 1174, 1179 1912, Aug. 22: (37 Stat, 324, 355) 1048,1230 (37 Stat., 356), amending sec. 1998, Revised Statutes 1052 1912, Aug. 23: Sec. 4 (37 Stat, 413) 40 Sec. 5 (37 Stat., 414) 32 Sec. 6 (37 Stat, 414) 75 Sec. 7 (37 Stat., 414) 83 Sec. 8 (37 Stat., 414) 85 1912, Aug. 24: (37 Stat., 573, 586, 571, 581, 579, 575, 575, 576, 574, 576, 575, 589, 571, 645, 575, 576, 440,575,579,519) 31, 162, 384, 542, 608, 631, 632, 644, 646, 721, 770, 842, 937, 1042, 1045, 1063, 1069, 1236, 1405 Sec. 2 (37 Stat ., 590) 1031 Sec. 3 (37 Stat., 591) 495-498,500-504 Sec. 4 (37 Stat, 593) 505 Sec. 5 (37 Stat, 594) 367,381 Sec. 6 (37 Stat., 555, 487, 594) 42, 96, 657 Sec. 7 (37 Stat, 487) 194 Sec. 8 (37 Stat, 487) 65 1913, Mar. 2: (37 Stat, 721) pp. 614-616 (37 Stat., 707, 706, 723, 708, 706, 713, 715, 717, 714, 708, 710, 718, 705, 706, 713, 704, 719,705) 372, 385, 442, 466, 499, 521, 531, 553, 570, 633, 648, 776, 889, 938, 1058, 1183-1185 1913, Mar. 3 (37 Stat, 726) 1232 1913, Mar. 4: (37 Stat, 765, 764) 818,895 Sec. 3 (37 Stat, 790) 39 Sec. 4 (37 Stat., 790) 35 1913, May 1: Sec. 3 (38 Stat, 3) 99a 1913, June 23: Sec. 3 (38 Stat, 75) 87a Sec. 5 (38 Stat, 75) 125a 1914, Apr. 6 (38 Stat., 335, 318) 81a, 680a 1914, Apr. 25: Sec. 1(38 Stat, 347) 329,1382 Sec. 2 (38 Stat., 347) 1383 Sec. 3 (38 Stat, 347) 1383 Sec. 4 (38 Stat, 347) 1385 Sec. 5 (38 Stat, 348) 1386 Sec. 6(38 Stat, 348) 1387 Sec. 7 (38 Stat, 349) 1388 Sec. 8 (38 Stat, 349) 1389 Sec. 9 (38 Stat, 350) 1390 Sec. 10 (38 Stat, 350) 1391 648 TABLE OF STATUTES CITED. 1914, Apr. 25 Continued. Par. Sec. 11 (38 Stat, 350) 1392 Sec. 12 (38 Stat, 351) 1393 Sec. 13. (38 Stat., 351). 1394 Sec. 14 (38 Stat., 351) 1395 1914, Apr. 27 (38 Stat, 355, 356, 358, 355, 362, 365, 363, 361, 361, 353, 366, 359, 339, 369, 361,357, 354,360,370, 370) 362, . 375, 382, 506, 520, 527, 543, 588, 609, 666, 669, 689, 801, 808, 883, 938J, 1049, 1355, 954a,954b. 1914, July 6 (38 Stat., 454) 215a 1914, July 16 (38 Stat, 508) 82a 1914, July 17 (38 Stat , 512) . . .. 951a-951b 1914, July 18: Sec. 1 (38 Stat, 514) 889a Sec. 2 (38 Stat, 514-515) Sec. 3 (38 Stat., 515-516) 1914, Aug. 1: Sec. 10 (38 Stat, 680) 96a Sec. 12 (38 Stat, 860)... 35a 1915, Feb. 24 (Pub. 251, 38 Stat, ) 813a 1915, Mar. 3: (Pub. 264, 38 Stat, ) 825a Sec. 3 (Pub. 263, 38 Stat, ) 200a 1915, Mar. 4 (Pub. 289, 38 Stat, ) 277a 1915, Mar. 4 (Pub. 292, 38 Stat., ) 217a, 346a, 346b, 346c, 673a, 362a, 362b, 417a, 475a, 488b, 668a, 668b, 611a, 1211a, 616a, 727a, 1507a, 514a, 506a, 689a, 588a, 776a, 775a, 775d, 857a, 864a, 883a, 958a, 958b, 958c, 958d, 958e, 969a, 1038a,330a, 1364a, 1364b, 1364c. 1915, Mar. 4 (Pub. 296, 38 Stat., ). .. 1158a, 1178a 1915, Mar. 4 (Pub. 327, 38 Stat., ) 849a 1915, Mar. 4: Sec. 5 (Pub! 290, 38 Stat., ) 77a Sec. 2, Par. 1 (Pub. 292, 38 Stat., ). . . . 475b Sec! 2, Par. 2 (Pub. 292, 38 Stat., ).... 475c 1915, Mar. 4 Continued. Par. Sec. 2, Par. 3 (Pub. 292, 38 Stat., ). . . . 477a Sec. 2, Par. 4 (Pub. 292, 38 Stat., ) .... 480a Sec. 2, Par. 5 (Pub. 292, 38 Stat, ) .... 481a Sec. 2, Par, 6 (Pub. 292, 38 Stat., ). . . . 481b Sec. 2, Par, 7 (Pub. 292, 38 Stat., ) .... 488a Sec. 2, Par. 8. (Pub. 292, 38 Stat., ). . . . 476a Sec. 4 (Pub. 296, 38 Stat., ) 191a Sec. 5 (Pub. 296, 38 Stat, ) 75a Sec. 6 (Pub. 296, 38 Stat, ) 40a Sec. 1 (Pub. 316, 38 Stat. , ) 927a Sec. 2 (Pub. 316, 38 Stat, ) 927b Sec. 3 (Pub. 316, 38 Stat., ) 927c-927d Sec. 5 (Pub. 316, 38 Stat., ) 927e, 927f,927g,927h,927i Sec. 6 (Pub. 316, 38 Stat., .) 927j Joint Resolution- No. 13, July 3, 1876 (19 Stat., 214) : 1380 No, 26, June 7, 1878 (20 Stat. , 252) 1381 No. 5, Jan. 6, 1885 (23 Stat., 516) 54 No, 6, Feb. 23, 1887 (24 Stat., 644) 55 No. 41, Aug. 28, 1890 (26 Stat, 678) 800 No. 50, Sept. 25, 1890 (26 Stat. ,681) 1020 No. 26, May 11, 1894 (28 Stat., 583) 1021 No. 51, May 2, 1896 (29 Stat., 473) 1017 No. 21, Apr. 11, 1898 (30 Stat, 737) 259,805 No. 2, Jan. 12, 1903 (32 Stat., 1229) ....... 1024 No. 23, Apr. 15, 1904 (33 Stat, 588) 1015 No. 35, Apr. 28, 1904 (33 Stat., 591) 441 No. 13, Mar. 30, 1906 (34 Stat, 825) 114 No. 14, Mar. 30, 1906 (34 Stat., 826) 117 No. 17, Feb. 27, 1907 (34 Stat, 1422) 1016 No. 18, Mar. 2, 1907 (34 Stat., 1423) 1022 No. 10, Mar. 14, 1912 (37 Stat., 630) 1475 No. 10, Apr. 22, 1914 (38 Stat., 770). 1475a, 1475b No. 15, May 8, 1914 (38 Stat., 771) 775b No. 15 (sec. 2), May 8, 1914 (38 Stat., 771) 775c No. (Pub. Res. 72), Mar. 4, 1915 (38 Stat., ) . . . 1469a, 1469b, 1472a, 1472b REVISED STATUTES. Revised Statutes (section). Military laws. Revised Statutes (section). Military laws. Para- graph. Page. Para- graph. Page. 152 3 19 43 26 34 44 45 25 46 20 21 22 23 13 14 15 16 17 18 64 8 18 25 20 22 25 25 20 25 18 18 19 20 17 17 17 17 17 17 30 184 134 135 136 137 139 138 140 76 79 104 106 109 141 144 147 148 149 516 524 153 1260 215 49 49 49 49 49 49 50 34 34 41 42 42 51 52 53 53 54 214 216 54 468 81 161 .. 185 163, as amended by act of Aug. 15, 1876 (19 Stat 169) , 186 187 165 '..-.'......:.:.....:::..... 188 .. 166, as amended by sec. 3, act of May 28, 1896 (29 Stat, 179) 167 189 190 192, as amended by act of June 22, 1^06 (34 Stat 449) 168 169, as amended by act of Mar. 3, 1875 (18 Stat , 360) 193 195 . 170 196 - --- 173 ....: 197, as amended by act of Feb. 27, 1877 (19 Stat , 241) . ....' 174 ..... 175 214 176 215, as amended by act of Feb. 27, 1877 (19 Stat , 241) 216 - - 177 178 179 ... 217 180, as amended by act of Feb. 6, 1891 (26 Stat 733) 218 219 . ... 181 220 182 225 183, as amended by act of Feb. 13, 1911 (36 Stat, 898)... 225 236... TABLE OF STATUTES CITED. Revised Statutes Continued. 649 Revised Statutes (section). Military laws. Revised Statutes (section). Military laws. Para- graph. Page. Para- graph. Page. 237, as amende -I by sec. 9, act of Oct. 1, 1890 (26 Stat., 646) 278, as amended by sec. 7, act of July 31 1894 (28 Stat , 206) . . . 195 213 214 204 178 179 241 242 243 244 183 261 258 262 260 263 264 265 249 250 266 267 268 269 270 271 272 273 274 275 247 247 351 1072 1073 1096 819 820 1165 356 1026 1028 1027 1032 908 905 915 914 916 917 437 146 515 517 545 1290 519 1259J 580 587 584 590 587 605 601 (>()() 606 591 73 81 81 77 64 64 92 93 94 94 6*- 103 102 103 102 103 103 103 97 97 104 104 104 105 105 105 106 106 106 106 95 95 142 394 394 402 313 314 421 144 378 378 378 381 340 339 341 341 341 341 180 52 214 214 223 482 215 468 232 235 234 236 235 239 238 238 240 236 1152... 798 807 794 797 789 821 822 823 825 824 833 835 834 355 743 775 783 624 614 615 619 620 621 625 629 387 471 470 934 788 386 787 999 1001 354 1006 1005 1154 919 1155 1018 353 577 836 573 995 997 996 942 1007 1019 991 992 994 1293 1068 610 565 566 1067 773 1261 962 963 968 976 977 306 308 305 305 305 314 314 314 314 314 316 316 316 144 289 296 299 244 242 242 243 243 243 244 245 158 194 194 349 304 157 304 369 370 144 . 370 . 370 418 344 419 374 144 232 317 231 367 367 367 353 370 375 366 366 366 483 391 241 229 229 391 296 469 360 361 362 363 363 363 363 363 1153 1156, as amended by sec. 11, act of Feb. 2, 1901 (31 Stat., 750).... 1157 . 282 283 1158 301 1162 305, as amended by sec. 11, act of July 31 1894 (28 Stat 209) 1163 1164 306 ' 1165 307 1166 308 1167 309 1167, as amended bv act of Feb. 27, 1877 (19 Stat., 242).. '.'.'.'. 310 354 1167, as amended bv act of Feb. 25, 1903 (32 Stat., 885).. 355 356 1169 357 1174 .I.............. 361 1175 364 1176 ...;...... 383 1183 391, as amended by sec. 15, act of Mar 5 1874 (18 Stat , 19) . 1184 1185 392, as amended by sec. 15, act of Mar. 5, 1874 (18 Stat., 20) 751 1186 1187 1188 752 USD 753 1190, as amended by act of June 30, 1882 (22 Stat., 118) 754 755 1191 756 1199 757 1201 758 , 1205 759 1206 761 1207, as amended by act of Oct. 1. 1890 (26 Stat 654) 886, as amended by sec. 10, act of Mar. 2, 1895 (28 Stat., 809) 886, as amended by sec. 17, act of July 31, 1894 (28 Stat, 210) 1098 1207 1209 . .. 1210 ...-. 1211 1104.. 1212 1105 1212 1108 1213 , as amended by act of May 17, 1886 (24 Stat., 50) 1214 1109.. . 1110 1111, as amended by act of Mar. 3, 1905 (33 Stat., 853) 1114 1215 1216, as amended by act of Mar. 29, 1892 (27 Stat., 12) 1116. .. 1219 1117 1220 1118 1220 1120 1221, as amended by act of Mar. 29, 1894 (28 Stat., 47) 1222 1122 1123 1124 1223 1125 1224, as amended by act of Feb. 27, 1877 (19 Stat 243) 1126 . 1127 1225 1130. .. 1226 1132, as amended by act of Feb. 25, 1877 (19 Stat., 242)... 1133 1227 1228 ... 1229 1135 .. .... 1230 1136. 1231 1136 t. 1232 1138. 1234 1139 as amended by act of Feb. 27, 1877 (19 Stat,, 242) 1140, as amended bv sec. 17, act of Feb. 2, 1901 (31 Stat. , 752) 1141 1235 1236 1237 1239 1241 1142 1243 1143 1244 1144 12 J5 1145 1246 1147 1247 11 IS 1149 1219 970 980 1150... 1250... 650 TABLE OF STATUTES CITED. Revised Statutes Continued. Revised Statutes (section). Military laws. Revised Statutes (section). Military laws. Para- graph. Page. Para- graph. Page. 1251 981 982 983 984 986 988 987 966 956 948 635 652 653 638 661 667 674 651 658 660 696 774 817 562 720 726 596 602 598 571 572 692 725 724 575 690 691 717 718 575 1106 1110 1111 1112 1108 1109 1114 1139 1145 1146 1147 1150 1151 1158 1159 1160 1162 1163 1175 1138 1107 1172 1129 1113 1135 1125 1127 1131 363 364 364 364 365 365 365 361 359 356 246 252 252 248 254 256 258 252 253 253 266 296 313 228 272 275 237 238 237 230 230 265 274 274 231 264 265 272 272 231 406 407 408 408 407 407 409 414 416 417 417 417 417 419 419 420 420 420 425 414 407 424 412 409 413 410 412 412 1339, as amended by act of May 11, 1908 (35 Stat 108) 1153 1153 1153 1134 1176 418 418 418 413 425 614 196 623 197 197 624 197 197 197 624 198 198 } 625 199 199 199 198 198 197 197 198 199 382 119 143 119 119 320 320 321 321 321 322 57 58 58 29 29 29 58 58 26 60 265 12 12 12 126 30 34 61 575 575 575 575 475 509 510 510 360 540 540 1252 1253 . 1339, as amended by act of June 28, 1902 (32 Stat 409) 1254 1255 1339, as amended by act of May 28, 1908 (35 Stat., 430) 1256 1257 1258, as amended by act of Feb. 16, 1891 (26 Stat., 763) 1259 1341... 1343... . 1344 474 475b 478 480 480a 479 482 481 481a 486 488 1 448a, ' 488b 491 492 494 489 490 483 484 485 493 1036 306 352 304 305 853 854 855 856 858 860 163 164 165 60 62 61 167 168 47 170 693 9 10 11 323 63 77 177 1528 1529 1530 1531 1275 1375 1377 1378 960 1442 1443 1260 1344, as amended by acts of May 21, 1874 (18 Stat., 48); Mar. 4, 1915 (Pub. No. 392, 38 Stat.,). 1346, as amended by act of Jan. 19, 1891 (26 Stat., 722)... 1261, as amended by act of May 11. 1908 (35 Stat 108) 1262 1263... . 1264 1347... ... 1265 1347, as amended by act of Mar. 4, 1915 (Pub. No. 392, 38 Stat.,). 1348, as amended by act of Jan. 19, 1891 (26 Stat., 722). . 1266 1268 1269 1274 1349 1275 1350.. 1276, as amended by act of Aug. 12 1876 (19 Stat 131) 1350, as amended by act of Mar. 4, 1915 (Pub. No 392 38 Stat , ) 1277 1351 1279 1352 1287, as amended by acts of July 5, 1884 (23 Stat., 110), and Mar. 3, 1885 (23 Stat 359) 1352, as amended by act of Mar. 4, 1915 (Pub. No. 292, 38 Stat.,). 1353... 1288 1354 1291 1355 1293 1356 1294 1357... 1295, as amended by sec. 19, act of Feb 2 1901 (31 Stat 753) 1358 1359 1296 1360 .. . 1298 1361 . . . 1299 1421 1300 1437 1301 1466 1302.. 1619 1303 1621 1304... 1662 1306 1663 . 1307 1665 1308, as amended by act of July 16, 1892 (27 Stat 178) 1666 1669 1671 1310 1753 1311 1754 1312 1755 1313... 1757, as amended by act of June 6, 1898 (30 Stat., 432) 1314 1314 1758 1315, as amended by sec. 4, act of June 6, 1900 (31 Stat., 656) 1759 1760 1761 1318 1764 1319, as amended by act of Mar. 2, 1901 (31 Stat 911) 1765 .. 1766 1320... 1773 . .. 1321 . . , 1774 1322 1775 1323... 1777 1324 1778 .*. 1325 1779 1326 1784 1328 1791 1330.... 1792 1331 1793 1332 1794 1333 1838 1334 1841 1335 1856 1336 1857 1337 1860 1338, as amended bv act of Mar. 2, 1901 (31 Stat., 914) 1977 1978... TABLE OP STATUTES CITED. Revised Statutes Continued. 651 Revised Statutes (section). Military laws. Revised Statutes (section). Military laws. Para- graph. Page. Para- graph. Page. 1979 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1050 1051 1052 1396 1398 1399 599 1400 1401 1402 1403 1406 1407 1409 1410 1411 1412 1064 1066 1268 1270 1271 1272 1273 1269 1053 221 222 223 238 240 181 180 248 403 404 184 399 400 415 416 203 224 225 226 227 228 229 230 231 232 233 234 235 236 185 388 540 540 541 542 542 542 543 543 543 543 543 544 54J 385 385 386 521 521 522 238 522 522 523 523 525 526 526 527 527 528 389 390 470 471 472 473 474 471 386 86 86 86 90 91 65 65 96 167 167 66 164 164 170 171 76 87 87 87 87 87 88 88 88 88 88 88 89 89 66 158 3643 409 245 245 407 649 401 402 95 97 89 88 86 100 187 188 190 74 73 193 191 405 1196 1208 1242 1243 1244 1189 1238 1205 1209 1241 1190 1191 1194 1274 1233 1218 1215 1216 1211 1212 1213 1214 1262 1278 1201 93 1481 1482 1483 1484 1485 1486 1492 1494 1495 1497 1500 1501 1462 169 94 95 168 251 165 166 39 40 37 37 37 40 67 68-70 71 33 33 72 71 167 435 441 459 459 459 432 458 440 441 458 433 434 434 474 456 447 444 444 443 443 443 444 469 476 439 38 555 556 556 557 557 558 560 561 561 561 563 564 445 1981 3646, as amended by act of Feb. 23. 1909 (35 Stat., 643) 1981... 1982. 3647, as amended by act of Feb. 23, 1909 (35 Stat., 643) 1983 1984 1985 3648... 1986 3651 1987 3652 1988 3662 1989. . 3663, as amended by act of Feb. 27. 1887 (19 Stat., 249) 1990 1991 1996 3665 1997 3669, as amended by acts of June 20, 1874 (18 Stat., 96, 109, 111); Mar. 3, 1875 (18 Stat, 355, 370); Aug. 15, 1876 (19 Stat., 200) 1998, as amended by act of Aug. 22, 1912 (37 Stat., 356)... 2062 2063 3672, as amended by act of Feb. 27, 1877 (19 Stat., 249) 2088 2110 3678 2118 3679, as amended by sec. 4, act of Mar. 3, 1905 (33 Stat., 1257), and sec. 3, act of Feb. 27, 1906 (34 Stat, 48) 2127 2138.. 2139, as amended! vact of July23, 1892 (27 Stat., 260) 2140 3681... 3682 2141 3683 2147 3690 2150 3691 2151 . 3692 2152 3709 2166 3710. 2174 3711, as amended by sec. 6, act of Mar. 2, 1895 (28 Stat., 808), and sec. 6, act of Mar. 15, 1898 (30 Stat, 316)... 2258. . 2304, as amende'! : v act of Mar. 1. 1901 (31 Stat , 847) 2305, as amended 1 y act of Mar. 1, 1901 (31 Stat., 847) 2308.. 3712 3713 3714 2309 3715 2393 3716 2438 3717 3466 3731 3467 3732, as amended by act of June 12, 1906 (34 Stat , 255) 3468 3469 3477 3735... 3592 3594 3736 3595' 3737 3614 3738 3617 3741 3618 3743, as amended by act of July 31, 1894 (28 Stat, 210) 3744 3620 . 3620 3621 . . 3745 3622, as amended hy acts of Feb. 27, 1877 (19 Stat., 249), and July 31 1894 (28 Stat 209) 3746 3747 3748 3623 3752 3624, as amended by sec. 4, act of July 31.1894 (28 Stat., 205).... 3625.. 3828 3960, as amended by act of Mar. 3, 1875 (18 Stat, 370)... 4692... 3626 3627 4693 3628 4694 3629 1695 3630 4696 . . 3632 4698 3633 4699 3634 4700 3635 4701 3636 4703 . . 3637 4707 3638 4708, as amended by sec. 1, act of Feb. 28, 1903 (32 Stat., 920) 4792..., 3639 3639. . . 652 TABLE OF STATUTES CITED. Revised Statutes Continued. Revised Statutes (section). Military laws. Revised Statutes (section). Military laws. Para- graph. Page. Para- graph. Page. 4814 1514 1502 1505 1503 1507, 1508 1519 1515 1516 1517 1521 1524 1525 1303 1304 1305 1308 1309 1310 182 1476 1416 1417 1418 1419 569 565 567 566 567 567 570 569 570 570 571 573 573 485 486 486 487 487 487 65 553 530 531 532 532 5301 . 1420 1421 142? 1423 1424 14?5 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1479 313 314 315 316 317 533 533 533 534 534 535 535 535 536 536 536 536 537 537 537 538 538 539 539 539 539 539 554 123 123 123 124 124 4815, as amended bv sec. 10, act of Mar. 3, 1883 (22 Stat., 565) 4816 o'5!)? 5303 5301 4817 5305 4818 530 i 4819 5307 4820 530S 4821 5301 .. 4822 5310 4823.. 5311 4824 5312 4838 5313 4843, as amended by act of Feb. 9, 1900 (31 Stat 7) 5314 . 5315 4874 531R... 4875 5317 4877 5318 4878 5319 4878. as amended bv act of Mar. 3. 1897 (29 Stat., 625) 4882 5320 5321 5322 5153. as amended by act of Mar. 3, 1901 (31 Stat., 1448) 5577 5595 5596 5297 5597 5298 5600 5299 5601 5300 TABLE OF RELATED STATUTES. MILITARY LAWS OF THE UNITED STATES, 1915. Adjutant General's Department: Appointments in, from Volunteers. Act Mar. 2, 1901 (31 Stat. 900). Advertising, unserviceable equipment of Panama Canal may be sold without. See Panama Canal. Alaska: "Alaska fund" Collection of, United States marshal and deputies to assist. Sec. 1, act of May 14, 1906 (34 Stat. 192). Derivation and use of. Sec. 1, act of May 14, 1906 (34 Stat. 192). Army officers, retired, duty as road commissioners. Act of Mar. 3, 1911 (36 Stat. 1052). Board of Road Commissioners Army officers, retired, assigned to duty on. Act of Mar. 3, 1911 (36 Stat. 1052). Composition, powers, duties, etc. Sec. 2, act of May 14, 1906 (34 Stat. 192). Bridges, roads, etc., maintained by " Alaska fund." Sec. 1, act of May 14, 1906 (34 Stat. 192). Bureau of Education, medical relief by employees of. Sec. 15, act of Feb. 6, 1904 (35 Stat. 604). Coal mines, United States option on output of certain. Sec. 2, act of May 28, 1908 (35 Stat. 424). Collection of license fees ("Alaska fund"). Sec. 1, act of May 14, 1906 (34 Stat. 192). Detail of Lieut. Frederick Mears in connection with the location and construction of Government railroads in. Joint Res. No. 17, May 13, 1914 (38 Stat. 772). Emergency cases, medical relief by employees of Bureau of Education not in- hibited. Sec. 15, act of Feb. 6, 1909 (35 Stat. 604). Fees from liquor and trade licenses, collection and use of. Sec. 1, act of May 14, 1906 (34 Stat 192). Insane persons, provision for care of. Sec. 1, act of May 14, 1906 (34 Stat. 192)- sec. 7, act of Feb. 6, 1909 (35 Stat. 601). Licenses, liquor and trade, collection and use of fees. Sec. 1, act of May 14, 1906 (34 Stat. 192). Liquor licenses, collection and use of fees from. Sec. 1, act of May 14, 1906 (34 Stat. 192). Medical relief by employees of Bureau of Education. Sec. 15, act of Feb. 6, 1909 (35 Stat. 604). Mines, coal, certain, United States option on output of. Sec. 2, act of May 28, 1908 (35 Stat. 424). Public schools, supported by "Alaska fund." Sec. 1, act of. May 14, 1906 (34 Stat. 192.) Retired Army officers, duty as road commissioners. Act of Mar. 3, 1911 (36 Stat. 1052). 653 654 TABLE OF BELATED STATUTES. Alaska Continued. Roads, bridges, etc., maintained by " Alaska fund." Sec. 1, act of May 14, 1906 (34 Stat. 192). Road Commissioners, Board of Army officers, retired, as members of. Act of Mar. 3, 1911 (36 Stat. 1052). Composition, powers, duties, etc. Sec. 2, act of May 14, 1906 (34 Stat. 192). Schools, public, supported by "Alaska fund." Sec. 1, act of May 14, 1906 (34 Stat. 192). Trade and liquor licenses, collection and use of fees from. Sec. 1, act of May 14, 1906 (34 Stat. 192). Aliens, declaration of intention to become citizens of United States. See Naturaliza- tion. American citizens in Europe, relief, protection, and transportation of, made necessary by existing political disturbances, etc. See Europe. American citizens in Mexico: Relief and transportation of destitute. Joint Res. No. 10, Sept. 16, 1913 (38 Stat. 238). Relief and transportation of. Act of April 24, 1914 (38 Stat. 346). Anchorage grounds: Secretary of War authorized to establish and define in all harbors, rivers, bays, and other navigable waters. See Rivers and harbors. Rules and regulations governing to be enforced by Chief of Engineers at ports or places where no revenue cutter is available, etc. See Rivers and harbors. Animals, prevent cruelty in transit. Act June 29, 1906 (34 Stat. 607). Annual report, Chief of Engineers. See Corps of Engineers. Annual reports, time for heads of departments to submit to Public Printer. See Printing and binding. Antietam Battlefield. See National military parks. Appropriations: Consolidated items for river and harbor work, with aggregate amount therefor, allotments to respective works, and disposition of balances remaining to credit of separate work or items, etc. See Rivers and harbors. Printing and binding, restrictions on expenditures from allotments for. See Printing and binding. Aqueduct Bridge, District of Columbia and Virginia. See Corps of Engineers. Arlington memorial amphitheater and chapel: Authorized. Sec. 14, act Mar. 4, 1913 (37 Stat. 882). Commission designated, duties, etc. Sec. 16, act May 30, 1908 (35 Stat. 540). Arms: Equipment and, distribution to States. See Militia. Issue of Springfield rifles to States. See Militia. Ordnance stores and, crediting for issues during Civil War. See Militia. Sale of, to Indians prohibited. See Indians. Army: Enlistment in military service of foreign Governments, ministers of United States may issue writs to prevent American citizens from. See Neutrality. President authorized to employ all persons in land and naval service in connection with Coast and Geodetic Survey work. Sec. 4685, R. S. Women not allowed to accompany troops as laundresses. Sec. 5, act of June 18, 1878 (20 Stat. 150). Army nurses, pensionable status. See Pensions. Army officers accountable for public property to obtain certificates of nonindebted- ness, etc., before discharge. See Public property. TABLE OF RELATED STATUTES. 655 Army officers, detail of For topographical parts of Coast and Geodetic Survey work. See Details of Army officers. Allowance of subsistence while so detailed. See Details of Army officers. With Red Cross, Geological Survey, etc. See Details of Army officers. In connection with Indian education. See Deatails of Army officers. In connection with Indian industrial and training schools. See Details of Army officers. Active or retired, with Panama-California Exposition, San Diego, Cal. See Details of Army officers. Active or retired, with Panama-Pacific International Exposition. See Details of Army officers. With Panama-Pacific International Exposition excepted from prohibition against details to other service, allowances in lieu of transportation and mileage, etc. See Details of Army officers. Lieut. Frederick Hears to assist in location and construction of Government railroad in Alaska. Joint Res. No. 17, May 13, 1914 (38 Stat. 772). Army officers, grant leave of absence to officer of Corps of Engineers to serve on recla- mation work in Republic of China. See Details of Army officers. Army officers, Philippine Islands As attorneys and peace officers. See Philippine Islands. Salary of, when detailed to duty under insular government. See Philippine Islands. To be justices of the peace in connection with sale of intoxicating liquors. See Philippine Islands. Army officers, retention of Maj. Gen. Arthur Murray on active list of the Army as an additional officer and in command of the Western Department from Apr. 29, 1915, until the close of the Panama-Pacific International Exposition Dec. 4, 1915; and the number of major generals of the line of the Army on the active list is increased by one during the period named. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat.). Army, Philippine Islands, aid civil authorities. See Philippine Islands. Army supplies, sale of to the militia, credit for proceeds of. See Militia. Arrests of trespassers, etc., on Presidio of San Francisco, civil police may be called upon to make. Act of June 4, 1888 (25 Stat. 167). Articles of War: Fort Bayard Hospital subject to. See Medical Department. Inmates of National Homes for Disabled Volunteer Soldiers subject to. See National Home for Disabled Volunteer Soldiers. Artificial limbs, commutation to persons who can not use. See Medical Department. Atlantic & Pacific Railroad, post route and military road. See Transportation. Attorneys' fees, claims for pensions. See Pensions. Attorneys, Philippine Islands, Army officers as peace officers and. See Philippine Islands. Auditor for War Department, account of Isthmian Canal Commission audited by. See Isthmian Canal Commission. Board of Managers, National Home for Disabled Volunteer Soldiers, vacancies in membership of not to be filled until such board is reduced to five, etc. See National Home for Disabled Volunteer Soldiers. Board of Road Commissioners, Alaska. See Alaska. Bridges, dams, etc., over navigable waters. See Corps of Engineers. Bridges, obstruction of navigable waters by, regulations for use of drawbridges, etc. See Corps of Engineers. Building for Government exhibit on Presidio of San Francisco military reservation and use of building after exhibit. See Panama- Pacific International Exhibition. California Debris Commission. See Corps of Engineers. 656 TABLE OF RELATED STATUTES. California, temporary cession of jurisdiction to State of over portions of Presidio of San Francisco and Fort Mason Military Reservations during occupancy for exposi- tion purposes. See Panama-Pacific International Exposition. Canal Zone: Civil government of. See Panama Canal. Consolidation of Zone government, railroad and canal funds. See Panama Canal Customs duties on imports from. See Panama Canal. Leases of land in. See Isthmian Canal Commission. Leases of public lands in. See Panama Canal. Naval radio stations on. See Panama Canal. Revenues, distribution of. See Panama Canal. Cession of jurisdiction, temporary, to State of California over portions of Presidio of San Francisco and Fort Mason Military Reservations during occupancy for expo- sition purposes. See Panama-Pacific International Exposition. Chickamauga and Chattanooga National Military Park. See National military parks. Chief of Engineers: Annual report of. See Corps of Engineers. Draftsmen in office of. See Corps of Engineers. Rules and regulations governing enforcement of anchorage grounds in harbors, bays, etc., to be enforced by, at ports or places where no revenue cutter is avail- able, etc. See Rivers and harbors. China, grant leave of absence to officer of Corps of Engineers to assist Republic of, in reclamation work. See Details of Army officers. Citizenship: Children of citizens born abroad. Sec. 1993, R. S., replaced by sec. 6, act of Mar. 2, 1907 (34 Stat. 1229). Defined. Sec. 1992, R. S. Expatriation, right of. Sec. 1999, R. S., as amended by sec. 2, act of Mar. 2, 1907 (34 Stat. 1228). Married women. Sec. 1994, R. S., as amended by sec. 3, act of Mar. 2, 1907 (34 Stat. 1228). Naturalized citizens protected in foreign States. Sec. 2000, R. S. Oregon, persons born in. Sec. 1995, R. S. Penalty for false certificate as to. See Naturalization. Pension claims. See Pensions. Release of citizens imprisoned by foreign Governments. Sec. 2001, R. S., as amended by sec. 1, act of Mar. 2, 1907 (34 Stat. 1228). Widow and dependent children of declarant. See Naturalization. Civil authorities, Philippine Islands: Army to aid. See Philippine Islands. Not to interfere with military administration of lands reserved for military pur- poses. See Philippine Islands. Civil government, Canal Zone. See Panama Canal. Civil office, military employees not to hold or exercise duties of United States commis- sioner. Sec. 20, act of May 28, 1896 (29 Stat. 184). Civil service, pension withheld, payment of. See Pensions. Civil service, Philippine Islands, scope and effect of act, etc. See Philippine Islands. Civil War: Memorial monument to commemorate the women of the. Contributions by the Government' for site and building; commission to approve site and plans and to supervise expenditures; Commission of Fine Arts also to approve plans; memorial to be permanent headquarters of the American Red Cross; and Amer- ican Red Cross to be charged with and responsible for care, keeping, and main- tenance of memorial and grounds, but title to site and building to be in United States. Act of Oct. 22, 1913 (38 Stat. 233). Militia, crediting for arms and ordnance stores issued during. See Militia. TABLE OF RELATED STATUTES. 657 Coaling and naval stations in Cuba. See Cuba. Coal mines, Alaska, United States option on output of certain. See Alaska. Coast and Geodetic Survey: Detail of Army officers for topographical parts of work. See Details of Army officers. Allowance of subsistence while so detailed. See Details of Army officers. President authorized to employ all persons in land and naval service in connec- tion with work of. See Army. Coastwise vessels: Exemption from tolls of Panama Canal repealed. See Panama Canal. Philippine Islands, licenses to harbor vessels and. See Philippine Islands. Colombia, Republic of, right of way from. See Panama Canal. Colored and Indian soldiers, widows of. See Pensions. Commission of Fine Arts: Appropriations for expenses of. Act June 25, 1910 (36 Stat. 728); act Aug. 24, 1912 (37 Stat. 445). Approve plans for the memorial moriument to commemorate the women of the Civil War. Act of Oct. 22, 1913 (38 Stat. 233). Established; members; appointment; duties; expenses. Act May 17, 1910 (36 Stat. 371). George Washington memorial building plans to be approved by. Sec. 10, act Mar. 4, 1913 (37 Stat. 881). Commissioners of the District of Columbia, appointment of civil commissioners, etc. See Corps of Engineers. Commissioners, United States, military employees not to hold or exercise duties of. See Civil office. Common carriers: Duties of, with respect to animals in transit. Act June 29, 1906 (34 Stat. 607). Military stores loss or damage; moneys credited to proper appropriations. Act Mar. 2, 1905 (33 Stat. 840). Commutation, payment to persons who can not use artificial limbs. See Medical Department. Confederate dead, marking graves of in all national cemeteries and cemeteries at Federal military stations or locations throughout the country. See Marking graves of Confederate dead. Contracts and purchases. See Corps of Engineers. Corps of Engineers: Alabama, certain rivers in, free from tolls. Sec. 5244, R. S. Annual report, Chief of Engineers. Sec. 8, act of Aug. 11, 1888 (25 Stat. 400). Aqueduct Bridge, regulations for use of. Act of Mar. 3, 1875 (18 Stat. 393). Bridges, dams, etc., over navigable waters. Sec. 9, act of Mar. 3, 1899 (30 Stat. 1150). California Debris Commission Annual report. Sec. 7, act of Mar. 1, 1892 (27 Stat. 507). Appropriations by State, receipt and use of. Act of July 1, 1898 (30 Stat. 631) . Compensation of employees of. Sec. 4, act of Mar. 3, 1899 (30 Stat. 1150). Conditions as to commencing operations. Sec. 15, act of Mar. 1, 1892 (27 Stat. 507). Conditions, violation of, forfeiture. Sec. 19, act of Mar. 1, 1892 (27 Stat. 507). Creation of, appointments to. Act of Mar. 1, 1892 (27 Stat. 507). Debris fund Appropriations from, restraining works. Sec. 25, act of Mar. 1, 1892 (27 Stat. 507). Created, expenditures by commission. Sec. 23, act of Mar. 1, 1892 (27 Stat. 507). 48985 15 42 658 TABLE OF RELATED STATUTES. Corps of Engineers Continued . California Debris Commission Continued. Debris washed away, limit of. Sec. 17, act of Mar. 1, 1892 (27 Stat. 507). Decisions of, within 30 days. Sec. 13, act of Mar. 1, 1892 (27 Stat. 507). Dumping ground Expenses for constructing, allotment of. Sec. 16, act of Mar. 1, 1892 (27 Stat. 507). Petition for, contents, etc. Sees. 10 and 11, act of Mar. 1, 1892 (27 Stat. 507). Duties, plans. Sec. 4, act of Mar. 1, 1892 (27 Stat. 507). Employees, compensation, appointment. Sec. 4, act of Mar. 3, 1899 (30 Stat. 1150). Funds appropriated by State, United States Treasurer to receive. Act of June 3, 1896 (29 Stat. 232). Hydraulic mines Petition must be filed with commission. Sec. 23, act of Mar. 1, 1892 (27 Stat. 507). Tax on gross proceeds. Sec. 23, act of Mar. 1, 1892 (27 Stat. 507). Hydraulic mining Navigable waters, injuring, penalty. Sec. 22, act of Mar. 1, 1892 (27 Stat. 507). And ''Mining by hydraulic process" defined. Sec. 8, act of Mar. 1, 1892 (27 Stat. 507). Injury to works, penalty. Sec. 22, act of Mar. 1, 1892 (27 Stat. 507). Jurisdiction. Sec. 3, act of Mar. 1, 1892 (27 Stat. 507). Labor, hired, work may be done by. Act of Mar. 3, 1899 (30 Stat. 1148). Mines Plans of, supervision, etc. Sec. 14, act of Mar. 1, 1892 (27 Stat. 507). Petition, notice of, to be published. Sec. 12, act of Mar. 1, 1892 (27 Stat. 507). Visiting, inspection. Sec. 20, act of Mar. 1, 1892 (27 Stat. 507). Navigable channels, noting condition of. Sec. 6, act of Mar. 1, 1892 (27 Stat. 507). Orders, modifications, etc. Sec. 18, act of Mar. 1, 1892 (27 Stat. 507). Public lands and material, use of. Sec. 21, act of Mar. 1, 1892 (27 Stat. 507). Kecommendations of, appropriations. Sec. 25, act of Mar. 1, 1892 (27 Stat. 507). Sites, storage, for debris, etc., survey of. Sec. 5, act of Mar. 1, 1892 (27 Stat. 507). State commissioner of engineers, commission may consult with. Sec. 24, act of Mar. 1, 1892 (27 Stat. 500). Works, state to pay contractor one-half cost. Act of Mar. 3, 1899 (30 Stat. 1148). Canals Operation of, tolls, ete. Sec. 4, act of July 5, 1884 (23 Stat. 147). Regulations for navigation of, to be posted. Sec. 4, act of Aug. 17, 1894 (28 Stat. 362). Cinore River, Mo., not navigable. Act of Mar. 23, 1900 (31 Stat. 50). Civil engineers Employment of. Sec. 5253, R. S. Names of employed to be reported to Congress. Sec. 8, act of Aug. 5, 1886 (24 Stat. 335). TABLE OF RELATED STATUTES. 659 Corps of Engineers Continued. Commissioners of the District of Columbia Appointment of civil commissioners. Sec. 2, act of June 11, 1878 (20 Stat. 103). Engineer commissioner Assistants (three), authorized. Act of Aug. 7, 1894 (26 Stat. 246). Authorization of. Act of June 11, 1878 (20 Stat. 103). Compensation. Act of Mar. 3, 1881 (21 Stat. 460). Qualifications, etc. Joint res. 7, Dec. 24, 1890 (26 Stat. 1113). Estimates of. Act of June 11, 1878 (20 Stat. 104). Powers, limitation. Act of June 10, 1879 (21 Stat. 9). Salary. Sec. 2, act of June 11, 1878 (20 Stat. 103). Wharf property, control of. Act of Mar. 3, 1899 (30 Stat. 1377). Consolidated items of river and harbor work with aggregate amount appropriated therefor, allotments to respective works, and disposition of balances remain- ing to credit of separate works or items, etc. Sec. 3, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Contracts and purchases Application of appropriations. Sec. 3, act of Aug. 11, 1888 (25 Stat. 423). Lands, condemnation and purchase of. Act of Apr. 24, 1888 (25 Stat. 94). Des Moines River, free from tolls. Sec. 5246, R. S. Donation of funds to be expended with public funds for improvement of rivers and harbors, Secretary of War authorized to' receive from private parties. Sec. 4, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Draftsmen, etc., in office Chief of Engineers. Act of May 28, 1896 (29 Stat. 163). Dredging, restriction on. Sec. 5, act of July 13, 1892 (27 Stat. 111). Establish anchorage grounds in all harbors, rivers, bays, and other navigable waters, Secretary of War authorized to define and. Sec. 7, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Rules and regulations governing to be enforced by the Chief of Engineers at ports or places where no revenue cutter is available, etc. Sec. 7, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Executive Mansion Furniture for. Sec. 1829, R. S. Inventory of property in. Act of Apr. 17, 1900 (31 Stat. 97). Fishways, authority for construction of. Sec. 11, act of Aug. 11, 1888 (25 Stat. 425). Fortifications Injuries to mines, torpedoes, etc. Act of July 7, 1898 (30 Stat. 717). Funds contributed in excess of actual cost of work may be returned to repre. sentatives of contributing interests upon approval of Secretary of War, etc. Sec. 4, act of Mar. 4, 1915 (38 Stat. ). Grant leave of absence to officer of to assist Republic of China in reclamation work. See Details of Army officers. Harbor lines Establishment of, by Secretary of War. Sec. 11, act of Mar. 3, 1899 (30 Stat. 1151). Extensions, permits for. Sec. 11, act of Mar. 3, 1899 (30 Stat. 1151). Harbor regulations for the District of Columbia Deposits on shores of Potomac River prohibited. Act of May 19, 1896 (2g Stat. 126). Deposits in Potomac River, unlawful, forbidden. Sec. 2, act of May 19, 1896 (29 Stat. 126). Establisliment of harbor lines. Sec. 3, act of Mar. 3, 1899 (30 Stat. 1378). 660 TABLE OF RELATED STATUTES. Corps of Engineers Continued. Harbor regulations for the District of Columbia Continued. Limitation of. Sec. 4, act of May 19, 1896 (29 Stat. 126). Violation of, penalty. Sec. 3, act of May 19, 1896 (29 Stat. 126). Injury to public works (see sub-head Public works). Iowa River, portion declared not navigable. Sec. 5248, R. S. Isthmian Canal Commission Duties. Sec. 3, act of Mar. 3, 1899 (30 Stat. 1150). Funds for support of. Sec. 5, act of Mar. 3, 1899 (30 Stat. 1150). Investigations, report of. Sec. 6, act of Mar. 3, 1899 (30 Stat. 1150). Lighthouses Contracts for erection of. Acts of Aug. 31, 1852 (10 Stat. 120); Mar. 2, 1867 (14 Stat. 452). Inspectors. Sec. 4671, R. S. Superintendents of construction, etc. Sec. 4664, R. S. Lighthouse Board Compensation of officers on. Sec. 4679, R. S. Members not to be interested in contracts. Sec. 4680, R. S. Organization. Sec. 4653, R. S. Louisiana, navigable rivers in, public highways. Sec. 5251, R. S. Maquoketa River, construction of bridges across. Sec. 5250, R. S. Missouri River Commission Creation; composition; duties. Act of July 5, 1884 (23 Stat. 144). Expenditure of appropriations, supervision of. Act of July 5, 1884 (23 Stat. 144). Mississippi River Snagboats, operation of, on upper Mississippi. Sec. 7, act of Aug. 11, 1888 (25 Stat. 424). South Pass- Location and extent of, regulations for navigation of. Sec. 5, act of Aug. 11, 1888 (25 Stat. 424); sec. 3, act of Sept. 19, 1890 (26 Stat. 452). Surveys, appropriations for made permanent. Sec. 4, act of Aug. 11, 1888 (25 Stat. 424). Material for improvements, how obtained. Sec. 6, act of July 5, 1884 (23 Stat, 148). Piers and cribs. Sec. 5254, R. S., as amended by act of May 1, 1882 (22 Stat. 52). Water gauges on, and tributaries. Sec. 5252, R. S. Mississippi River Commission Creation, composition. Act of June 28, 1879 (21 Stat. 37). Duties, report. Sees. 3, 4, and 5, act of Feb. 18, 1901 (31 Stat. 792). Headquarters, location general office. Act of Feb. 18, 1901 (31 Stat. 792). Secretary, detail of Engineer officer as. Act of Feb. 18, 1901 (31 Stat. 792). Muskingum River, Ohio, relief of lessees on whose property was destroyed by Ohio Valley flood of March, 1913. Act of Aug. 1, 1914 (38 Stat. 637). Navigable waters of the United States Alabama, certain rivers in free of tolls. Sec. 5244, R. S. Cinore River, Mo., not navigable. Act of Mar. 23, 1900 (31 Stat. 50). Deposits in. Sec. 13, act of Mar. 3, 1899 (30 Stat. 1152). Des Moines River, free from tolls. Sec. 5246, R. S. Drawbridges, regulations for use of. Sec. 5, act of Aug. 17, 1894 (28 Stat. 362). Iowa River, not navigable. Sec. 5248, R. S. Louisiana, navigable rivers in; public highways. Sec. 5251, R. S. Maquoketa River, construction of bridges across. Sec. 5250, R. S. TABLE OF RELATED STATUTES. 661 Corps of Engineers Continued. Navigable waters of the United States Continued. Obstruction of, by bridges, etc. Sec. 18, act of Mar. 3, 1899 (30 Stat. 1153). Public works, unauthorized use of. Sec. 14, act of Mar. 3, 1899 (30 Stat. 1152). Within public lands to be public highways. Sec. 2476, R. S. Navigation, obstructions to Drawbridges, regulations for operation of. Sec. 5, act of Aug. 17, 1894 (28 Stat. 362). Floating logs, rafts, etc., regulations for. Sec. 2, act of May 9, 1900 (31 Stat. 172). Penal clauses Anchoring vessels, etc. Sec. 15, act of Mar. 3, 1899 (30 Stat. 1152). Dumping refuse, etc. Sec. 16, act of Mar. 3, 1899 (30 Stat. 1152). Enforcement of, Department of Justice to conduct proceedings. Sec. 17, act of Mar. 3, 1899 (30 Stat. 1153). Miscellaneous obstructions. "Sec. 12, act of Mar. 3, 1899 (30 Stat. 1151). Prohibited. Sec. 10, act of Mar. 3, 1899 (30 Stat. 1151). Sunken vessels. Sec. 19, act of Mar. 3, 1899 (30 Stat. 1154). Wrecks, removal of, appropriation. Sec. 20, act of Mar. 3, 1899 (30 Stat. 1154). New York Harbor Boats to carry name, etc., painted. Sec. 3, act of Aug. 18, 1894 (28 Stat. 360). Bribing inspector or other officer, penalty. Sec. 3, act of Aug. 18, 1894 (28 Stat. 360). Dredged matter, disposal of. Sec. 4, act of June 29, 1888 (25 Stat. 210). Dumping At unauthorized places, penalty. Sec. 3, act of June 29, 1888 (25 Stat. 209) as amended by sec. 3, act of Aug. 18, 1894 (28 Stat. 360). Deposits, injurious, forbidden; penalty. Sec. 3, act of Aug. 5, 1886 (24 Stat. 329); sec. 1, act of June 29, 1888 (25 Stat. 209). Permits for, return of, penalty. Sec. 3, act of Aug. 18, 1894 (28 Stat. 360). Supervisior to designate place of, permits. Sec. 3, act of June 29, 1888 (25 Stat. 209); as amended by sec. 3, act of Aug. 18, 1894 (28 Stat. 360). Fishing in ship channels forbidden, penalty. Sec. 2, act of Aug. 17, 1894 (28 Stat. 360). Inspectors, duties, arrests, procedure, etc. Sec. 3, act of Aug. 18, 1894 (28 Stat. 360). Supervisor, appointment, duties. Sec. 5, act of June 29, 1888 (25 Stat. 210). Violation of act relating to Punishment of officer of boat. Sec. 2, act of June 29, 1888 (25 Stat. 209). Proceedings, arrests, process. Sec. 2, act of Aug. 17, 1894 (28 Stat. 360). Obstructions to navigation. See Navigation, obstructions to (under Corps of Engineers). Potomac Park Ailanthus trees, purchase of. Sec. 1830, R. S. Bank of the Potomac, control of. Act of Mar. 3, 1899 (30 Stat. 1106). Canal spaces added to park system, etc. Act of Aug. 1, 1914 (38 Stat. 633). Made part of park system. Act of Aug. 1, 1914 (38 Stat. 634). Permits by Secretary of War to occupy reservations, etc., in connection with forty-ninth encampment of the G. A. R. See Grand Army of the Republic. Playground for children. Act of Aug. 30, 1890 (26 Stat. 371). Regulations for control of. Sec. 2, act of Mar. 3, 1899 (30 Stat. 1106). Restrictions on lagoons or speedways in. Act of Aug. 1, 1914 (38 Stat. 634). Trees, plants, etc., to be propagated. Act of June 20, 1878 (20 Stat. 220). Watchmen to have police power. Act of Aug. 5, 1882 (22 Stat. 257). 662 TABLE OF RELATED STATUTES. Corps of Engineers Continued. Public buildings and grounds: Chief of Engineers to have charge of. Sec. 1797, R. S. Employees. Sec. 1799, R. S.; act of Jan. 20, 1874 (18 Stat. 4). Estimates and appropriations for. Sec. 1798, R. S. Reports of Superintendent of. Sec. 1812, R. S. Public works, unauthorized use of. Sec. 14, act of Mar. 3, 1899 (30 Stat. 1152). Public works, injury to, amendment of act, civil actions not affected. Sees. 3 and 4, act of May 9, 1900 (31 Stat. 172). Report, annual, Chief of Engineers. Sec. 8, act of Aug. 11, 1888 (25 Stat. 400). River and harbor works: Preliminary surveys, estimates, reports. Act of Aug. 2, 1882 (22 Stat. 213). Reports of deterioration. Sec. 7, act of Mar. 3, 1899 (30 Stat. 1150). Statistics, commercial, to be supplied superintendents. Act of Feb. 21, 1891 (26 Stat. 766). Surveys, restriction on, etc. Sec. 2, act of Mar. 3, 1899 (30 Stat. 1149). Secretary of War authorized to appoint a board of three officers from, to examine and appraise the value of the work and franchises of the East Coast Canal from the St. Johns River to Key West, Fla., with reference to purchasing the canal and the construction by the Government of a free and open waterway, etc. Sec. 15, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). South Pass, Mississippi River; regulations for navigation of. Sec. 5, act of Aug. 11, 1888 (25 Stat. 424); sec. 3, act of Sept. 19, 1890 (26 Stat. 452). Washington Aqueduct: Appropriations for, how expended. Sec. 1802, R. S. Chief of Engineers To have charge of. Sec. 1800, R. S. To receive no extra compensation. Sec. 1807, R. S. To be supplied offices, stationery, etc. Sec. 1808, R. S. To regulate water supply. Sec. 1810, R. S. Decisions of; right of appeal to Secretary of War. Sec. 1811, R. S. Reports of, as superintendent of Washington Aqueduct. Sec. 1812, R. S. Miscellaneous provisions: Diversion of water prohibited. Act of Mar. 3, 1893 (27 Stat. 544). Maliciously making water impure. Sec. 1806, R. S. Pipes for use of public buildings. Sec. 1805, R. S. Unauthorized opening of pipes; penalty. Sec. 1803, R. S. Use of water in public buildings. Act of Mar. 3, 1883 (22 Stat. 615). Willful breaking of pipes; penalty. Sec. 1804, R. S. Record of property to be kept. Sec. 1809, R. S. Regulations may be prescribed by President. Sec. 1801, R. S. Superintendent : Lands about reservoir under control of. Act of Mar. 3, 1875 (18 Stat. 393). Reports of. Sec. 1812, R. S. Washington Monument: Care and maintenance. Act of Oct. 2, 1888 (25 Stat. 533). Employees; extra pay prohibited. Sec. 1835, R. S. Joint commission dissolved. Act of Oct. 2, 1888 (25 Stat. 533). Washington National Monument Society continued. Act of Oct. 2, 1888 (25 Stat. 533). Costa Rica, concessions from. See Panama Canal. Courts-martial : Accused may testify before. See Military tribunals. Closed sessions at trials before. See Military tribunals. TABLE OF RELATED STATUTES. 663 Courts-martial Continued. Reporters, employment of. See Military tribunals. Punishment of spies. See Military tribunals. Witnesses, attendance of, refusal to testify. See Military tribunals. Cuba: Commercial treaty with, not affected by customs act. Sec. 3, act of Aug. 5, 1909 (36 Stat. 83). Concessions not to be granted by United States, during occupation. Act of Mar. 3, 1899 (30 Stat. 1074). Cuban vessels in United States ports, rights of. Act of Feb. 10, 1900 (31 Stat. 27). Establishment of commission to adjudicate claims against Spain. Act. of Mar. 2, 1901 (31 Stat. 877). Imports from, reduction in duties on. Act of Dec. 17, 1903 (33 Stat. 3). Independence of, recognized. Joint Res. No. 24, Apr. 20, 1898 (30 Stat. 738). Intervention by United States, authorized. Act of Mar. 2, 1901 (31 Stat. 895). Isle of Pines, title to. Act of Mar. 2, 1901 (31 Stat. 895). Public debt of, restrictions on. Act of Mar. 2, 1901 (31 Stat. 895). Ratification of acts of United States during occupancy. Act of Mar. 2, 1901 (31 Stat. 895). Relinquishment of control of, by United States. Act of Mar. 2, 1901 (31 Stat. 895). Sales of rifles and ordnance to, permitted. Act of Mar. 23, 1910 (36 Stat. 261). Sanitation. Act of Mar. 2, 1901 (31 Stat. 895). Stations, coaling and naval, of United States. Act of Mar. 2, 1901 (31 Stat. 895). Treaties of, restrictions on. Act of Mar. 2, 1901 (31 Stat. 895). Treaty with United States to embody certain provisions. Act of Mar. 2, 1901 (31 Stat. 895). Customs duties, imports from Canal Zone. See Panama Canal. Dams, bridges, etc., over or across navigable waters. See Corps of Engineers. D6bris Commission, California. See Corps of Engineers. Department of the Interior: Establishment of. Sec. 437, R. S. General powers and duties of the Secretary. Sec. 441, R. S. Powers and duties of Secretary in relation to Territories. Sec. 442, R. S. Details of Army officers: Accept position under Government of Greater Republic of Central America. Joint Res. No. 23, Mar. 3, 1897 (29 Stat. 704). Active or retired with Panama-California Exposition, San Diego, Cal. Act of Jan. 15, 1915 (Pub. Res. No. 62, 38 Stat. ). Active or retired with the Panama-Pacific International Exposition. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. ). Alaskan railroads. Lieut. Frederick Mears to assist in location and construction of. Joint Res. No. 17, May 13, 1914 (38 Stat. 772). Coast and Geodetic Survey work, topographical parts of. Sec. 4684, R. S. Allowance of subsistence while so detailed. Sec. 4688, R. S. Engineer officers to assist Mississippi River Commission. Sees. 3 and 6, act of June 28, 1879 (21 Stat. 38). Engineer officers to assist Missouri River Commission. Act of July 5. 1884 (23 Stat. 144). Engineer officers to superintend construction of lighthouses. Sec. 4664, R. S. Grant leave of absence to officer of Corps of Engineers to assist Republic of China on reclamation work of the Huai River; termination of detail, pay during ab- sence, etc. Joint Res. No. 18, May 22, 1914 (38 Stat. 772). Indian education. Sec. 7, act of June 23, 1879 (21 Stat. 35). Indian industrial and training school. Act of July 31, 1882 (22 Stat. 181). 664 TABLE OF BELATED STATUTES. Details of Army officers Continued. Medical officer with Bed Cross. Act of Mar. 3, 1911 (36 Stat, 1041). Ordnance officers for Geological Survey. Act of June 16, 1880 (21 Stat. 274). Panama-Pacific International Exposition, prohibition against details to other service not applicable to, allowances for in lieu of transportation and mileage, etc. Act of June 23, 1913 (38 Stat. 76). Discharge, Army officers accountable for public property to obtain certificates of nonindebtedness before. See Public property. District of Columbia: Appointment of commissioners, estimates, etc. See Corps of Engineers. Burial of ex-Union soldiers in Arlington or other cemeteries in. See National cemeteries. Filled canal spaces in added to park system. See Corps of Engineers. Harbor regulations for. See Corps of Engineers. Potomac Park, made part of the park system. See Corps of Engineers. Playground for children, regulations for control of, etc. See Corps of Engineer. Restrictions on lagoons or speedways in. See Corps of Engineers. Subsistence allowances to persons traveling on official business outside of. Sec. 13, act of Aug. 1, 1914 (38 Stat. 680). Wharf property, control of. See Corps of Engineers. District of Columbia militia: Authority to make contracts, etc. See Militia. Deduction of pay to reimburse for loss of public property, etc. See Militia. Purchase of supplies, etc. See Militia. District of Columbia Naval Militia, authorization of, etc. See Militia. Donation of funds: Contributed to be expended with public funds for improvement of rivers and harbors, Secretary of War authorized to receive from private parties. See Rivers and harbors. Funds contributed in excess of actual cost of work may be returned to representa- tives of contributing interests upon approval of Secretary of War, etc. See Rivers and harbors. Draftsmen in office of the Chief of Engineers. See Corps of Engineers. East Coast Canal, Secretary of War authorized to appoint a board of three officers from the Corps of Engineers to examine and appraise the value of the work and fran- chises of the canal from the St. Johns River to Key West, Fla., with reference to its purchase by the Government and the construction of a free and open water- way, etc. Sec. 15, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Employees, Government Printing Office, not to be detailed in other branches of service. See Printing and binding. Employment of military force: Remove and destroy unlawful inclosures of public lands. Sec. 5, act of Feb. 25, 1885 (23 Stat. 322). Timber, felling; unlawful inclosures. Sec. 2460, R. S. Trespassers, removal. Sec. 1, act of Mar. 3, 1807 (2 Stat. 445). Trespasser intrusion in General Grant National Park, Sequoia National Park, or Yosemite National Park for purpose of destroying the game or objects of curi- osity therein. Act of June 6, 1900 (31 Stat. 618). Treason. Sees. 1, 2, 3, 4, 5, 6, 7, and 8, act of Mar. 4, 1909 (35 Stat. 1088). Engineer Corps. See Corps of Engineers. Engineer officers, detail of to assist Mississippi and Missouri River Commissions, etc. See Details of Army officers. Enlisted men, President authorized to employ all persons in land and naval service in connection with Coast and Geodetic Survey work. See Army. TABLE OF RELATED STATUTES. 665 Enlistments, foreign Governments, ministers of United States may issue writs to pre- vent American citizens from entering military service. See Neutrality. Estimates: National Homes for Disabled Volunteer Soldiers. See National Homes for Dis- abled Volunteer Soldiers. Panama Canal, Canal Zone, etc., to be submitted. See Panama Canal. Europe: Relief, protection, and transportation of American citizens in, made necessary by existing political disturbances, etc. Joint Res. No. 30, Aug. 3, 1914 (38 Stat. 776). Relief, protection, and transportation of American citizens in, made necessary by existing political disturbances, etc. Use of officers, employees, and vessels of United States and use of supplies of Naval or Military Establishments, etc. Joint Res. No. 31, Aug. 5, 1914 (38 Stat. 776). Evidence: Legislative acts and judicial proceedings, authentication of. See Military tri- bunals. Little & Brown's edition of Statutes at Large to be competent. See Military tribunals. Records, documents, etc., copies of in executive departments as. See Military tribunals. Executive departments: Certificate of necessity for printing and binding to be furnished. See Printing and binding. Evidence, copies of records, documents, etc., to be received as. See Military tribunals. Executive Mansion, furniture for and inventory of property in. See Corps of Engi- neers. Explosives for military service, transportation of. See Interstate commerce. Exposition, Panama- Pacific International, building for Government exhibit on Presidio of San Francisco military reservation and use of after close of exhibition. See Panama-Pacific International Exposition. Expositions, property may be transported to or from free or at reduced rates. Sec. 22, act of Feb. 4, 1887 (24 Stat. 380), as amended by sec. 9, act of March 2, 1889 (25 Stat. 862). Expositions or fairs, transportation of public property to or from. See Interstate commerce. Fairs, property may be transported to or from free or at reduced rates. Sec. 22, act of Feb. 4, 1887 (24 Stat. 380), as amended by sec. 9, act of Mar. 2, 1889 (25 Stat. 862). Fairs or expositions, transportation of public property to or from. See Interstate commerce. Federal prisoners: Deduction from sentence for good conduct. Sees. 5543, 5544, R. S., as amended by act of Mar. 3, 1875 (18 Stat. 479). See also act of Mar. 3, 1891 (26 Stat. 840), superseded by act of June 21, 1902 (32 Stat. 397), as amended by act of Apr. 27, 1906 (34 Stat. 149). Military prisoners, deductions from sentence for good conduct. Sees. 1, 2, 3, act of June 21, 1902 (32 Stat. 397). Parole of. Act of June 25, 1910 (36 Stat. 819), as amended by act of Jan. 23, 1913 (37 Stat. 650). Fees, Philippine Islands, to civilian witnesses. See Philippine Islands. Firearms, Philippine Islands, lawful possession of by officers, soldiers, etc. See Philippine Islands. Fires, setting, on public lands. See Public lands. 666 TABLE OF RELATED STATUTES. Fire sufferers, Salem, Mass., relief of, expenditures under Secretary of War. See Salem, Mass. Fishways in navigable waters, authority for construction of. See Corps of Engineers. Flags and ensigns. Secretary of War authorized to loan for purpose of decorating streets during forty -ninth encampment of the Grand Army of the Republic. See Grand Army of the Republic. Foreign Governments, ministers of United States may issue writs to prevent American citizens from enlisting in military service of. See Neutrality. Foreign officials, entertainment of, in connecion with Panama-Pacific International Exposition. See Panama-Pacific International Exposition. Foreign vessels, Philippine Islands, tonnage tax levied on, when entering United States from. See Philippine Islands. Fort Bayard Hospital : Subject to rules and articles of war. See Medical Department. Treat officers and men of Army, Navy, and Marine Corps. See Medical Depart- ment. Fortifications, injuries to mines, torpedoes, etc. See Corps of Engineers. Fort Leavenworth Military Prison changed to United States penitentiary and restored to War Department. See Military prison. Fort Mason Military Reservation, temporary cession of jurisdiction to State of Cali- fornia over portion used for exposition purposes. See Panama- Pacific International Exposition. Franchises, Philippine Islands, for works of public utility, regulations to be adopted. See Philippine Islands. Gama, Senor Domicio da, thanks of Congress and gold medal presented to, for services as mediator between United States and warring parties in Mexico. See Medals. General Grant National Park. See National parks. Removal of trespassers, etc., from. See Employment of Military force. Geological Survey, detail of ordnance officer with. See Details of Army officers. Gettysburg National Park. See National military parks. Good-conduct time, deductions from sentences of military prisoners. See Federal prisoners. Government Printing Office, employees of, not to be detailed in other branches of service. See Printing and binding. Grand Army of the Republic: Commissioners of District of Columbia to make special regulations for occasion of forty-ninth encampment, to be held in Washington, September-October, 1915. Act of Mar. 3, 1915 (Pub. Res. No. 66, 38 Stat. ). Loan of ensigns, flags, etc., by Secretary of War for purpose of decorating streets during encampment. Sees. 3 and 4, act of Mar. 3, 1915 (Pub. Res. No. 66, 38 Stat. ). Loan of hospital tents, ambulances, horses, drivers, etc., etc., by Secretary of War, for caring for the sick, injured, and infirm during the encampment. Sec. 6, act of Mar. 3, 1915 (Pub. Res. No. 66, 38 Stat. ). Permits to use reservations and other public spaces in the city of Washington during encampment, Secretary of War authorized to issue. Sec. 5, act of Mar. 3, 1915 (Pub. Res. No. 66, 38 Stat. ). Graves of Confederate dead, marking in all national cemeteries and cemeteries at Federal military stations or locations throughout the country. See Marking graves of Confederate dead. Habeas corpus, Philippine Islands, employment, suspension, etc., of writ of. See Philippine Islands. Hague convention, hospital ships. See Medical department. Harbor defenses, injuries to mines, torpedoes, etc. See Corps of Engineers. TABLE OF RELATED STATUTES. 667 Harbor lines, establishment and extension of, in navigable waters. See Corps of Engineers. Harbor regulations for the District of Columbia. See Corps of Engineers. Hetch Hetchy Valley Reservoirs, Yosemite National Park, sale to War Department by city and county of San Francisco, Cal., of water required on military reserva- tions in or near the city of San Francisco on certain conditions, etc. Par. (u), sec. 9, act of Dec. 19, 1913 (38 Stat. 250). Highways, public land, right of way for. See Public lands. Homesteads, mode of procedure, right of entry, etc. See Public lands. Horses, militia, purchase and maintenance of. See Militia. Hospitals- Fort Bayard, subject to rules and articles of war. See Medical Department. Fort Bayard, treat officers and men of Army, Navy, and Marine Corps. See Medi- cal Department. Hot Springs, Ark., establishment of, jise of hot water, etc. See Medical Depart- ment. Hot Springs (S. Dak.) National Sanitarium in connection with National Home for Disabled Volunteer Soldiers. See Medical Department. Hospital and medical supplies, Medical Department authorized to sell to Soldiers' Home at contract price. See Soldiers' Home. Hospital ships, The Hague convention. See Medical Department. Hot Springs Hospital, Arkansas, establishment of, use of hot water, etc. See Medical Department. Hot Springs National Sanitarium, South Dakota, in connection with National Home for Disabled Volunteer Soldiers. See Medical Department. Hunting, National parks, penalty for trespassing and shooting on. See National parks. Indian and colored soldiers, widows of. See Pensions. Indian reservations, removal of persons from. See Indians. Indians: Agencies Consolidated. Sec. 6, act of Mar. 1, 1883 (22 Stat. 451). Discontinued. Sec. 2053, R. S., act of June 22, 1874 (18 Stat. 177). Discontinued and transferred. Sec. 2054, R. S., and sec. 2059, R. S. Limited. Sec. 2066, R. S. Agents Appointment. Sec. 2052, R. S.; sec. 1, act of Feb. 14, 1873 (17 Stat. 437); act of June 22, 1874 (18 Stat. 147); act of Aug. 15, 1894 (28 Stat. 286). Bonds. Sec. 2057, R. S. Act of Mar. 3, 1875 (18 Stat. 451). Duties. Sec. 2058, R. S., and sees. 4, 5, and 10, act of Mar. 3, 1875 (18 Stat. 449-451); act of May 27, 1878 (20 Stat. 86); sec. 9, act of July 4, 1884 (23 Stat. 98). Residences. Sec. 2060, R. S. Term of office. Sec. 2056, R. S. Act of May 17, 1882 (22 Stat. 87). American captives, moneys due Indians. Sec. 2102,. R. S. Annuities To minors. Sec. 8, act of Mar. 1, 1899 (30 Stat. 947). Mode of j|ayment and distribution of goods. Sec. 2086, R. S.; sec. 6, act of Mar. 3, 1875 (18 Stat. 450); act of Aug. 15, 1876 (19 Stat. 196). Payment in goods. Sec. 2082, R. S. Payment in coin. Sec. 2081, R. S. Withholding from intoxicated persons. Sec. 2087, R. S. Annual accounts of disbursements. Sec. 2091, R. S. and sec. 8, act Mar. 3, 1875 (18 Stat. 450). 668 TABLE OF RELATED STATUTES. Indians Continued . Arms, sale of, prohibited. Sec. 467, R. S. Arms, etc., trading with hostile and uncivilized prohibited. Sec. 2136, R. S. and Joint Res. No. 20, Aug. 5, 1876 (19 Stat. 216). Arson. Sec. 2143, R. S. Assault, penalty. Sec. 2142, R. S. Assault upon United States officials, penalty; jurisdiction of district court. Act June 9, 1888 (25 Stat. 178). Cattle, sale of, penalty. Act July 4, 1884 (23 Stat. 94). Children, legitimacy of. Sec. 10, act June 7, 1897 (30 Stat. 62). Citizenship, adopting civilized life and allottees. See Naturalization. Civilized life, protection of. Sec. 2119, R. S. Commissioner of Indian Affairs, duties. Sec. 463, R. S. Compensation. Sec. 2076, R. S. Correspondence to excite to war, penalty. Sec. 2113, R. S. Crimes, jurisdiction; certain offenses subject to territorial laws. Sec. 9, act of Mar. 3, 1885 (23 Stat. 385). General laws respecting, extended to. Sec. 2145, R. S. Crimes and offenses. Sec. 328, act Mar. 4, 1909, Criminal Code (35 Stat. 1151). Detail of Army officers For education of. See Details of Army officers. For industrial and training schools. See Details of Army officers. Deeds, acknowledgment of by agents. Sec. 2064, R. S. Disbursing officers, security additional. Sec. 2075, R. S. Disbursements, mode of. Sec. 2089, R. S. Depositions, superintendent to take. Sec. 2157, R. S. Employees not to trade with. Sec. 2078, R. S. Foreigners entering Indian country without passports, penalty. Sec. 2134, R. S. Goods- Mode of distribution. Sec. 2090, R. S. Proceedings against, for violating revenue laws. Sec. 2125, R. S. Purchase of. Sec. 2083, R. S. and act of June 22, 1874 (18 Stat, 176); sec. 7, act of Mar. 3, 1875 (18 Stat. 450); act of Aug. 15, 1876 (19 Stat. 196). Grants or purchases from. Sec. 2116, R. S. Horse stealing, robbery. Act Feb. 15, 1888 (25 Stat. 33). Hostile, annuities. Sec. 2100, R. S. Hunting on lands, prohibited. Sec. 2137, R. S. Inspectors. Sec. 2043, R. S.; sec. 6, act of Feb. 14, 1873 (17 Stat. 463); act of Mar. 3, 1875 (18 Stat. 422); act of May 31, 1900 (31 Stat. 224). Inspectors, powers and duties. Sec. 2045, R. S. Issues of food, etc., report of number receiving. Sec. 2109, R. S. Laws for agents. Sec. 7, act of May 17, 1882 (22 Stat. 88). Leaves of absence for agents and employees. Sec. 2074, R. S. Liquors and firearms, sales of, to Indians in Alaska, penalty. Sees. 142 and 466, act of Mar. 3, 1899 (30 Stat. 1253). Liquors, sale of, punishment. Sec. 8, act of Mar. 1, 1895 (28 Stat. 693). Mails, forgery and depredations. Sec. 2144, R. S. Oaths- Administered by agents. Act of Mar. 1, 1899 (30 Stat. 924). In pension claims before agents. Sec. 2, act of July 26, 1892 (27 Stat. 272). Offices, holding of two prohibited. See. 2074, R. S. Payments by special agents, compensation, bond. Sec. 11, act of Mar. 3, 1895 (28 Stat. 910). Penalties, how recovered. Sec. 2124, R. S. TABLE OF RELATED STATUTES. 669 Indians Continued . Police- Act of May 27, 1878 (20 Stat. 76). Allottees preferred for employment. Sec. 5, act of Feb. 8, 1887 (24 Stat. 390). Crimes against, to be tried, district court. Act of Mar. 2, 1887 (24 Stat. 464). Posse commitatus to be used in executing process. Sec. 2153, R. S. Process, to be executed by marshals. Act of June 4, 1888 (25 Stat. 167). Proof, burden of. Sec. 2126, R. S. Property, injury to, by Indians. Sec. 2156, R. S. Property, payment for same if reparation can not be made. Sec. 2155, R. S. Property, reparation for injury. Sec. 2154, R. S. Purchases, manner of. Sec. 2084, R. S. Rape. Sec. 5, act of Jan. 15, 1897 (29 Stat. 487). Reservation, removal of persons from. Sec. 2149, R. S. Return to Indian country, penalty. Sec. 2148, R. S. Schools Detail of Army officers for normal and industrial training. See Details of Army officers. Use of vacant military posts and barracks for normal and industrial training. See Details of Army officers. Secretary of the Interior charged with supervision of. Sec. 441, R. S. Seditious messages Carrying, penalty. Sec. 2112, R. S. Sending. Sec. 2111, R. S. Special agents and commissions. Sec. 2067, R. S. Stock feeding on Indian lands. Sec. 2117, R. S. Subagenta Sec. 2055, R. S. Interpreters discontinued. Sec. 2073, R. S. and act of Feb. 27, 1877 (19 Stat. 244). Supplies, claims for. Sec. 2085, R. S. Survey of reservations. Sec. 2115, R. S. Trade Except skins and furs, prohibited. Sec. 2135, R. S. Prohibited by President. Sec. 2132, R. S. Traders- Appointee. Sec. 2128, R. S. Appointment of. Sec. 5, act of Aug. 15, 1876 (19 Stat. 200). Traders' license Sec. 2129, R. S. Refusal of. Sec. 2130, R. S. Revocation of. Sec. 2131, R. S. Trading without license, penalty. Sec. 2133, R. S. and act of July 31, 1882 (22 Stat. 179). Training school, superintendent, bond. Act of Mar. 3, 1899 (30 Stat. 924). Traveling expenses. Sec. 2077, R. S. Treaties Abrogation of. Sec. 2080, R. S. ; sec. 2, act of Mar. 2, 1875 (18 Stat. 449). None in future. Sec. 2079, R. S. and sec. 3, act of June 22, 1874 (18 Stat. 176); act of June 10, 1876 (19 Stat. 58). Treaty, violations, goods withheld. Sec. 2101, R. S. Trespass by chief, cause for suspension. Sec. 2121, R. S. Trespassing on lands. Sec. 2120, R. S. 670 TABLE OF RELATED STATUTES. Indians Continued. Tribes west of Mississippi River under general superintendence of President. Sec. 2114, R. S. Timber: Dead and fallen. Act Feb. 16, 1889 (25 Stat. 673). Depredations. Sec. 5388, R. S. Act June 4, 1888 (25 Stat. 166). Two offices, holding prohibited; leaves of absences. Sec. 2074, R. S. White man marrying an Indian woman not to acquire tribal rights. Act Aug. 9, 1888 (25 Stat. 392). Indian Wars, pension for services in. See Pensions. Indigent soldiers, burial of, in national cemeteries. See National cemeteries. Insane, inmates National Homes for Disabled Volunteer Soldiers, care of. See Nationa Homes for Disabled Volunteer Soldiers. Insane natives, Philippine Islands, serving in Army, care of. See Philippine Islands. Inspector General's Department, appointments in, from Volunteers. Act of Mar. 2, 1901 (31 Stat. 900). Insular Government, Philippine Islands, salary of Army officers detailed to duty under. See Philippine Islands. Intel-island traffic, Philippine Islands, regulations governing. See Philippine Islands. Interior, Department of. See Department of the Interior. Interstate commerce, transportation: Animals, prevent cruelty; feeding and resting periods. Act of June 29, 1906 (34 Stat. 607). Explosives for military. Sec. 232, act of Mar. 4, 1909 (35 Stat. 1134). Property of the United States or property to or from fairs or expositions free or at reduced rates. Sec. 22, act of Feb. 4, 1887 (24 Stat. 380), as amended by Sec. 9, act of Mar. 2, 1889 (25 Stat. 862). Quarantine live stock, notice to carriers. Act of Feb. 2, 1903 (32 Stat. 791). Intervention by United States in Cuban affairs, authorization for. See Cuba. Isthmian Canal Commission. (See also Panama Canal.) Appointment, qualifications, duties, etc. Sec. 7, act of June 28, 1902 (32 Stat. 483). Appropriations available for payment of obligations of. Sec. 4, act of May 27, 1908 (35 Stat. 387). Accounts of, audited by auditor of War Department. Act of Feb, 3, 1905 (33 Stat. 647). Canal Zone, leases of land in. Act of Feb. 27, 1909 (35 Stat. 658). Duties, etc., of. See Corps of Engineers. Employees, leaves of absence to. Act of Feb. 24, 1909 (35 Stat. 645). Employment of engineers, compensation. Sec. 7, act of June 28, 1902 (32 Stat. 483). Engineers, offices for. Sec. 7, act of June 28, 1902 (32 Stat. 483.) Powers conferred on President may be exercised through. Sec. 5, act of Feb. 27, 1909 (35 Stat. 658). Isle of Pines, title to. See Cuba. Judge Advocate General's Department, appointments in, from Volunteers. Act of Mar. 2, 1901 (31 Stat. 900). Judicial proceedings, evidence, authentication of. See Military tribunals. Justices of the peace, Philippine Islands, army officers to be, in connection with sale of intoxicating liquors. See Philippine Iclands. Lagoons, Potomac Park, District of Columbia, restrictions on. See Corps of Engineers. Land registration, Philippine Islands, procedure in filing claims, etc., in court of. See Philippine Islands. TABLE OF RELATED STATUTES. 671 Lands : Acquisition of, for national cemeteries. See National cemeteries. Condemnation and purchase of, for river and harbor improvement. See Corps of Engineers. Philippine Islands, acquisition of privately owned, for military purposes. See Philippine Islands. Laundresses, hereafter women not allowed to accompany troops as. See Army. Leases: Land in Canal Zone. See Isthmian Canal Commission. Public lands, Canal Zone. See Panama Canal Leave of absence, President authorized to grant to officer of Corps of Engineers, to assist Republic of China on reclamation work. See Details of Army officers. Legislative acts, evidence, authentication of. See Military tribunals. Lessees of water power on Muskingum River, Ohio, whose property was destroyed by Ohio Valley flood of March, 1913, relief of . See Corps of Engineers. Library, Surgeon General's Office, binding and location of. See Medical Department. Licenses: Liquor, Philippine Islands, not to be granted on military reservations or within certain areas. See Philippine Islands. Philippine Islands, coastwise and harbor vessels. See Philippine Islands. To practice medicine or surgery in Alaska, not to apply to emergency medical relief to natives. Sec. 15, act of Feb. 6, 1909 (35 Stat. 604). Lighthouse Board, compensation, organization, etc., of. See Corps of Engineers. Lighthouses, construction, inspection, etc., of. See Corps of Engineers. Lincoln memorial: Approval of plan and design of commission. Joint Res. No. 7, Feb. 1, 1913 (37 Stat. 1022). Authorized, commission created. Act of Feb. 9, 1911 (36 Stat. 898). Resident commissioner designated, compensation. Act of Mar. 3, 1913 (37 Stat. 731). Liquor licenses: Disposition of moneys derived from in Alaska. See Alaska. Philippine Islands, not to be granted on military reservations or within certain areas. See Philippine Islands. Liquors: National Home for Disabled Volunteer Soldiers, loss of appropriation where permit sale of intoxicating. See Medical Department. Sale of to Indians, punishment. See Indians. State or territorial homes for disabled soldiers and sailors, loss of appropriation where permit sale of intoxicating. See Medical Department. Locust pest, Philippine Islands, suppression of. See Philippine Islands. Machines, typewriting, restrictions as to price to be paid by Government for. See Typewriting machines. Marine Corps. Fort Bayard Hospital, treatment of officers and men at. See Medical Department. Marking graves of Confederate dead; provisions for extended to graves of Confederate soldiers and sailors in all National cemeteries and cemeteries at Federal military stations or locations throughout the country. Joint Res. No. 7, Mar. 14, 1914 (38 Stat. 768). Mears, Frederick, Lieut., detail of to assist in location and construction of Government railroads in Alaska. Joint Res. No. 17, May 13, 1914 (38 Stat. 772). Medals, gold, with thanks of Congress presented to Senors Domicio da Gama, Romulo S. Naon, and Eduardo Suarez for services as mediators between Government of United States and warring parties in Republic of Mexico. Joint Res. No. (Pub. Res. 75) of Mar. 4, 1915 (38 Stat. ). 672 TABLE OF RELATED STATUTES. Mediators, thanks of Congress and gold medals presented to Senors Domicio da Gama, Romulo S. Naon, and Eduardo Suarez for services as between United States and warring parties in Mexico. See Medals. Medical Bulletin, Army, for instruction of medical officers. See Medical Department. Medical Department: Authorized to sell medical and hospital supplies to soldiers' home at contract price See Soldiers' home. Commutation direct to soldier, no fee to agent or attorney. Act of Mar. 3, 1891 (26 Stat. 979). Commutation to persons who can not use artificial limbs. Sec. 4790, R. S. Fort Bayard Hospital Subject to rules and articles of war. Act of June 12, 1906 (34 Stat. 255). To treat officers and men, Navy and Marine Corps. Act of Mar. 2, 1907 (34 Stat. 1172). Hospital ships, The Hague convention. Sec. 1, act of Mar. 24, 1908 (35 Stat. 46). Hot Springs, Ark. Creating reservation. Sec. 4, act of Mar. 3, 1877 (19 Stat. 378); act of Dec. 16, 1878 (20 Stat. 258); sec. 3, act of June 16, 1880 (21 Stat. 289). Estimates, post military establishment. Act of Aug. 4, 1886 (24 Stat. 245); act of Mar. 3, 1909 (35 Stat. 748). Hospital, establishment of. Act of June 30, 1882 (22 Stat. 121). Hot water for additional houses; new bathhouses not to be owned by inter- ested persons. Joint Res. No. 8, Mar. 25, 1888 (26 Stat. 619). Hot water for bathhouses off reservation. Joint Res. No. 14, Mar. 3, 1887 (24 Stat. 647). Hot Springs (S. Dak.) National Sanitarium, establishment. Sec. 1, act of May 29, 1902 (32 Stat. 282). Library, binding. Sec. 96, act of Jan. 12, 1895 (28 Stat. 601). Library, Surgeon General's Office, Ford's Theater, building for. Act of Apr. 7, 1866 (12 Stat. 23). National Home for Disabled Volunteer Soldiers, appropriation for not available for any branch which permits sale of intoxicating liquors. Act Aug. 1, 1914 (38 Stat. 642). Printing and binding, Army Medical Bulletin for instruction of medical officers. Act of Aug. 1, 1914 (38 Stat. 642). State or Territorial Homes for disabled soldiers and sailors, appropriation for not available for any home which permits sale of intoxicating liquors. Act of Aug. 1, 1914 (38 Stat. 642). State or Territorial Homes for disabled soldiers and sailors, collections from in- mates for support of. Act of Aug. 1, 1914 (38 Stat. 642). Medical and hospital supplies, Medical Department authorized to sell to soldiers' home at contract price. See Soldiers' home. Medical officers, Army Medical Bulletin for instruction of. See Medical Department. Medical officer, detail of with Red Cross. See Details of Army officers. Medicine and surgery, license to practice in Alaska not to apply to emergency medical relief to natives. Sec. 15, act of Feb. 6, 1909 (35 Stat. 604). Memorial amphitheater, Arlington, Va. See Arlington memorial amphitheater. Memorial monument to commemorate the women of the Civil War: Contribution by the Government for the site and for the building, condition of payment, etc. Act of Oct. 22, 1913 (38 Stat. 233). Commission to. approve site and plans and to supervise expenditures to consist of the Secretary of War, the chairman of the Joint Committee of the Library of Congress, and the president of the American Red Cross. Act of Oct. 22, 1913 (38 Stat. 233). TABLE OF RELATED STATUTES. 673 Memorial monument to commemorate the women of the Civil War Continued. Commission of Fine Arts also to approve the plans for the memorial. Act of Oct. 22, 1913 (38 Stat. 233). Memorial to be permanent headquarters of the American Red Cross. Act of Oct. 22, 1913 (38 Stat. 233). Red Cross, American, to be charged with and responsible for the care, keeping, and maintenance of the memorial and grounds, but the title to the site and building shall be in the United States. Act of Oct. 22, 1913 (38 Stat. 233). Mexican War, pension for services in. See Pensions. Mexico : National cemetery near city of, subject to regulations of United States national cemeteries. See National cemeteries. Relief and transportation of destitute American citizens in. Joint Res. No. 10, Sept. 16, 1913 (38 Stat. 238). Relief and transportation of American citizens in. Act of Apr. 24, 1914 (38 Stat. 346). Thanks of Congress and gold medals presented to Senors Domicio da Gama, Romulo S. Naon, and Eduardo Suarez for services as mediators between United States and warring parties of. See Medals. Military employees, United States commissioners, not to hold or exercise duties of. See Civil office. Military posts: Funds for not to be used in establishment of military prisons. See Military prisons. Indian schools, use of vacant barracks and for normal and industrial training. See Details of Army officers. Post traders, vacancies not to be filled. Act of Jan. 28, 1893 (27 Stat. 426). Military prison : Convicts limited to actual subsistence. Act of Feb. 25, 1910 (36 Stat. 210). Fort Leavenworth changed to United States penitentiary under Department of Justice. Act of June 10, 1896 (29 Stat. 380). Funds for military posts not to be used in establishment of. Act of June 25, 1910 (36 Stat. 721). Good conduct allowance for prisoners. Sees. 1, 2, and 3, act of June 21, 1902 (32 Stat. 397). Military prisoners: Deduction from sentences for good conduct. See Federal prisoners. Parole of. See Federal prisoners. Military reservations: Abandoned, disposition of. See Public property. Offenses on, not prohibited by Federal law, punishment of. See Public property. Philippine Islands- Acquisition of, arrest on, claims for private lands within, etc. See Philippine Islands. Civil authorities not to interfere with military administration of lands re- served for. See Philippine Islands. Liquor licenses not to be granted on or within certain areas. See Philippine Islands. Presidio of San Francisco, civil police may be called upon to make arrests of tres- passers, etc. Act of June 4, 1888 (25 Stat. 167). Military roads: Atlantic & Pacific Railroad, post route and military road. See Transportation. Northern Pacific Railroad, post route and military road. See Transportation. Southern Pacific Railroad, post route and military road. See Transportation. Union & Central Pacific Railroad , post route and military road . See Transportation . 48985 15 43 674 TABLE OF RELATED STATUTES. Military Service, foreign countries, ministers of United States in, may issue writs to prevent American citizens from enlisting in. See Neutrality. Military supplies, use of, in connection with relief, protection, and transportation of American citizens in Europe, made necessary by existing political disturbances. See Europe. Military tribunals: Accused may testify. Act of Mar. 16, 1878 (20 Stat. 30). Constitution, composition, jurisdiction, etc. Act of June 18, 1898 (30 Stat. 483). Consuls, United States, copies of records, etc. Sec. 896, R. S. Closed sessions of court-martial trials. Sec. 2, act of July 27, 1892 (27 Stat. 278). Embezzlement of public money; transcript of books, Treasury. Sec. 887, R. S. Evidence, Little & Brown's edition of the statutes to be competent. Sec. 908, R. S. Evidence, rules, witnesses not excluded on account of color. Sec. 858, R. S., as amended by act of June 29, 1906 (34 Stat. 618). Executive departments, records, documents, etc., copies of. Sec. 882, R. S. Incriminating questions. Sec. 860, R. S. Journals of Congress. Sec. 895, R. S. Legislative acts and judicial proceedings, authentication of. Sec. 905, R. S. Military commissions, spies. Sec. 2, act of Apr. 10, 1806, (2 Stat. 371); sec. 4, act of Feb. 13, 1862 (12 Stat. 340); sec. 38, act of Mar. 3, 1863 (12 Stat. 737). Prisoners, good conduct allowance. Sees. 1, 2, and 3, act of June 21, 1902 (32 Stat. 397). Records not appertaining to court, to be proved. Sec. 906, R. S. Records, etc., office of Solicitor of the Treasury. Sec. 883, R. S. Reporters. Sec. 1203, R. S.; sec. 2, act of June 23, 1874 (18 Stat. 244). Returns, copies for returns office. Sec. 888, R. S. Witnesses compelled to attend. Sec. 1202, R. S. Witnesses, refusal to appear or testify. Act of Mar. 2, 1901 (31 Stat. 950). Militia: Arms and equipments, distribution to States. Sec. 1670, R. S. Arms and ordnance stores, crediting for issue during Civil War. Sec. 3, act of Mar. 3, 1875 (18 Stat. 455). District of Columbia Militia of Authority to make contracts and leases and expenditures for heat, light, etc. Act of Apr. 27, 1901 (33 Stat. 389). Deduction of pay to reimburse for public property lost, etc.; also pro- viding an allowance for clothing and equipment. Sec. 1, act of Mar. 2, 1911 (36 Stat. 1004). Also supplementing the ration. Purchase of supplies and procurement of services for, in open market. Act of May 26, 1908 (35 Stat. 303). Naval Militia of Sees. 1 to 5, act of May 11, 1898 (30 Stat. 404). Horses, purchase and maintenance of; use of appropriation forbidding (temporary). Act of Mar. 3, 1909 (35 Stat. 694). Issue of Springfield rifles to States. Act of Feb. 24, 1897 (29 Stat. 592). Ordnance and ordnance stores, replacing stores carried into war with Spain. Act of Mar. 3, 1899 (30 Stat. 1073). Ordnance and ordnance stores issued to, credit for. Act of Mar. 2, 1889 (25 Stat. 833). Purchase of Army supplies for, credit for. Sec. 3, act of Feb. 24, 1897 (29 Stat. 592), as amended by act of Mar. 15, 1898 (30 Stat. 326). TABLE OF RELATED STATUTES. 675 Mining claims, Philippine Islands, on military reservations. See Philippine Islands. Mines, torpedoes, etc., for harbor defenses, injuries to. See Corps of Engineers. Mississippi River Commission, creation, duties, headquarters of, etc. See Corps of Engineers. Mississippi River, piers and cribs in, snag boats and water gauges on, South Pass of, etc. See Corps of Engineers. Missouri Militia, pensionable status of. See Pensions. Missouri River Commission, composition, creation, duties, etc. See Corps of Engineers. Money, Canal Zone, received from services, supplies, etc., disposition of . See Panama Canal. Monuments in national cemeteries, destroying and injuring trees and. See National cemeteries. Moro Province, Philippine Islands, government of, use of Army in aid of civil authori- ties, etc. See Philippine Islands. Murray, Arthur, Maj. Gen., United States Army, retention of on active list until close of Panama-Pacific International Exposition. See Army officers. Muskingum River, Ohio, relief of lessees of water power on, whose property was de- stroyed by Ohio Valley flood of March, 1913. See Corps of Engineers. Naon, Senor Romulo S., thanks of Congress and gold medal presented to for services as mediator between United States and warring parties in Mexico. See Medals. National cemeteries: Acquisition of lands for, by Secretary of War. Sec. 4870, R. S. Appraisement of land appropriated for, by court. Sec. 4871, R. S. Care and preservation of cemetery near Mexico City in which are buried officers and soldiers of the United States. Sec. 4879, R. S. Cemetery in Mexico to be subject to rules and regulations affecting national cemeteries within the United States. Sec. 4880, R. S. Criminal offenses, defacing, etc., penalty. Sec. 4881, R. S. Destroying or injuring monuments, trees, etc., prohibited. Sec. 4881, R. S. Encroachments by railroads forbidden. Act of Mar. 2, 1895 (28 Stat. 949). Expenses for burial of ex-Union soldiers, etc., in Arlington Cemetery or other cemeteries in the District of Columbia to be disbursed by Secretary of War. Act of Mar. 3, 1899 (30 Stat. 1108). Indigent soldiers, burial. Act of Mar. 3, 1899 (30 Stat. 1108), amended by act of April 28, 1904 (33 Stat. 495); sec. 1, act of June 25, 191D (36 Stat. 724). Land, acquisition of. Sec. 4870, R. S., and act of July 24, 1876 (19 Stat. 99); act of Mar. 2, 1877 (19 Stat. 269). Marking graves of Confederate dead in all cemeteries at Federal military stations, and, or locations throughout the country. See Marking graves of Confederate dead. Mexico: Near city of. Sec. 4879, R. S. Subject to rules and regulations of United States national military cemeteries. Sec. 4880, R. S. Payment for land. Sec. 4872, R. S. Railroads, not to encroach upon. Act of Mar. 2, 1895 (28 Stat. 949); sec. 1, act of June 25, 1910 (36 Stat. 723); sec. 1, act of Mar. 4, 1911 (36 Stat. 1399). Secretary of War To appoint superintendents arid erect buildings. Sec 4873, R. S. To pay appraised value of lands. Sec. 4872, R. S. Superintendents are authorized to make arrests. Sec. 2, act of Mar. 3, 1897 (29 Stat. 621). Superintendent to make arrests. Sec. 4881, R. S. 676 TABLE OF BELATED STATUTES. National defense secrets, Philippine Islands, jurisdiction over offense. See Philip- pine Islands. National Homes for Disabled Volunteer Soldiers: Accounts. Act of Aug. 18, 1894 (28 Stat. 411); act of Mar. 3, 1901 (31 Stat. 1178); Act of Apr. 28, 1904 (33 Stat. 500). Balances, disposal of. Act of Oct. 2, 1888 (25 Stat. 543). Bond, assistant treasurer. Act of June 6, 1900 (31 Stat. 636). Bonds of depositaries. Sec. 2, act of July 9, 1886 (24 Stat. 129). Bonds, officers'. Act of Mar. 3, 1901 (31 Stat. 1178). Bonds of treasurers. Act of Aug. 18, 1894 (28 Stat. 412). Branch homes, establishment, sites for. Sec. 4, act of Mar. 21, 1866 (14 Stat. 10); sec. 1, act of Jan. 23, 1873 (17 Stat. 417); sec. 4830, R. S. and act of July 7, 1898 (30 Stat. 668). Branches, officers', qualifications. Sec. 4829, R. S., and act of Apr. 11, 1892 (27 Stat. 15), as amended by act of June 28, 1902 (32 Stat. 472). Citizens as managers. Sec. 4826, R. S. Duties, board managers. Sec. 4834, R. S. Election board of managers. Sec. 4827, R. S., and act of Mar. 3, 1901 (31 Stat. 1178). Estimates. Act Oct. 2, 1888 (25 Stat. 543). Estimates, detailed. Act of Mar. 3, 1879 (20 Stat. 390). Estimates, itemized. Act of Aug. 4, 1886 (24 Stat. 251). Exemptions of medical officers. Act. Feb. 9, 1897 (29 Stat. 517). Expenditures. Act of Mar. 3, 1887 (24 Stat. 539). Expenses, board of managers. Sec. 4828, R. S., and act of Aug. 18, 1894 (28 Stat. 412). Inmates subject to Articles of War. Sec. 4835, R. S. Held in 1870 unconstitu- tional. In re Kelly, 71 Fed. Rep. 545. Insane, building for. Act of Mar. 3, 1881 (21 Stat. 447). Insane patients. Act Aug. 7, 1882 (22 Stat. 330). Jurisdiction, recession. Act of Mar. 3, 1901 (31 Stat. 1175). Laws, documents, and records to be furnished. Sec. 4837, R. S., and act July 26, 1894 (28 Stat. 159). Loss of appropriation where permit sale of intoxicating liquors. See Medical Department. Mail sent free. Act of Aug. 18, 1894 (28 Stat. 412). Money, how drawn. Act of Mar. 3, 1875 (18 Stat. 359), amended by act of Mar. 4, 1909 (35 Stat. 1012). National Sanitarium in connection with at Hot Springs, South Dakota. See Medical Department. New buildings. Act of Mar. 3, 1879 (20 Stat. 390). Officers not connected with liquor traffic. Act of Mar. 3, 1887 (24 Stat. 540). Organization. Sec. 4825, R. S. Outdoor relief. Act Aug. 23, 1894 (28 Stat. 492). Pay, rates, classified. Act Aug. 18, 1894 (28 Stat. 412); Act of Mar. 2, 1895 (28 Stat. 952). Pensions due inmates paid to treasurers. Act Aug. 7, 1882 (22 Stat. 322). Pensions Divided with wife. Sec. 4766, R. S., and act of Mar. 3, 1899 (30 Stat. 1379). To inmates, how paid. Sec. 2, act of Feb. 26, 1881 (21 Stat. 350); Act of July 1, 1902 (32 Stat. 564). Persons entitled to benefits. Sec. 4832, R. S., and sec. 5, act of July 5, 1884 (23 Stat. 121); sec. 2, act of Mar. 2, 1887 (24 Stat. 444); sec. 5, act of July 23, 1888 (25 Stat. 341); act of May 26, 1900 (31 Stat. 217), amended by act of Mar. 4, 1909 (35 Stat. 1012), and sec. 1, act of June 25, 1910 (36 Stat. 736). TABLE OF RELATED STATUTES. 677 National Home for Disabled Volunteer Soldiers Continued. Purchases By Board of Managers. Act of July 1, 1898 (30 Stat. 640). Supplies, after advertisement. Act Mar. 3, 1879 (20 Stat. 390); act June 11. 1896 (29 Stat. 445). Receipts from sales. Act Aug. 18, 1894 (28 Stat. 412). Repairs, funds for. Act of June 4, 1897 (30 Stat. 54). Salaries, estimates. Act Aug. 5, 1892 (27 Stat. 384). Sites, condemnation of land for. Act July 19, 1897 (30 Stat. 105). State and Territorial homes to be paid for care of disabled soldiers and sailors. Sec. 4825, R. S., and act of Aug. 27 1888 (25 Stat. 450); act of Apr. 28, 1904 (33 Stat. 504). States to pay half. Act of Mar. 2, 1889 (25 Stat. 975); act of Apr. 28, 1904 (33 Stat. 504); act of May 28, 1908 (35 Stat. 419); act of May 4, 1909 (35 Stat. 1012). Supported by appropriations. Sec. 4831, R. S., act of Mar. 3, 1875 (18 Stat. 359). Transfers of inmates. Act of Aug. 23, 1894 (28 Stat. 492). Transportation at reduced rates. Sac. 9, act of Mar. 2, 1889 (25 Stat. 855). Traveling expenses, officers. Act of Aug. 18, 1894 (28 Stat. 412). Vacancies occurring in membership of board of managers of, not to be filled until the whole number of members of such board is reduced to five, and thereafter the number of members constituting such board shall not exceed five. Act of June 23, 1913 (38 Stat. 43). National military parks: Antietam battlefield- Locating, preserving, marking, etc., lines of battle. Act of Aug. 30, 1890 (26 Stat. 401); act of Aug. 5, 1892 (27 Stat. 377); act of Mar. 3, 1893 (27 Stat. 599); act of Mar. 2, 1895 (28 Stat. 950); act of June 11, 1896 (29 Stat. 443). Secretary of War to have supervision of. Act of Aug. 30, 1890 (26 Stat. 401). Chickamauga and Chattanooga National Military Park, establishment of and general provisions concerning. Act of Aug. 19, 1890 (26 Stat. 333); act of Mar. 3, 1891 (26 Stat. 978); act of Aug. 5, 1892 (27 Stat. 376); act of Mar. 3, 1893 (27 Stat. 598); act of Aug. 18, 1894 (28 Stat. 403); act of Mar. 2, 1895 (28 Stat. 945). Donation of cannon, etc. Act of Aug. 5, 1892 (27 Stat. 376). Donation of land for roads. Act of Mar. 3, 1893 (27 Stat. 599). Injury to monuments, trees, etc.; penalty. Act of Aug. 5, 1892, sec. 10 (27 Stat. 376). Leases of lands within. Act of Aug. 5, 1892 (27 Stat. 376). Location of State monuments. Act of June 4, 1897 (30 Stat. 43). Restriction on erection of monuments in. Act of Feb. 26, 1896 (29 Stat. 21). , Right of way to Chattanooga Rapid Transit Co. Act of May 7, 1898 (30 Stat. 399). States may ascertain and mark lines of battle therein. Act of Aug. 19, 1890, sec. 8 (26 Stat. 333). Use of material in park in erection of monuments by States. Joint Res. No. 8 Oct. 2, 1893 (28 Stat. 12). Gettysburg National Park Acceptance of land from Battlefield Memorial Association. Act of Feb. 11, 1895 (28 Stat. 651). Acquisition of additional land. Act of Feb. 11, 1895 (sees. 4, 5, and 9) (28 Stat. 651). Acquisition of lands. Joint Res. No. 30, June 5, 1894 (28 Stat. 584). Commissioners, compensation, duty, etc. Act of Feb. 11, 1895, sec. 3 (28 Stat. 651). 678 TABLE OF RELATED STATUTES. National military parks Continued. Gettysburg National Park Continued. Continuing surveys, improvements, etc. Act of Aug. 18, 1894 (28 Stat. 405). Destroying, injuring, etc., statues, fences, shrubbery, trees, etc; penalty. Act of Feb. 11, 1895, sec. 7 (28 Stat. 651). Erection of monuments. Act of Mar. 3, 1887 (24 Stat. 535); act of Oct. 2, 1888 (25 Stat. 538); act of Feb. 1J, 1895, sec. 8 (28 Stat. 651). Improvement of roads, etc. Act of June 10, 1896 (29 Stat. 384). Lease of lands within. Act of June 4, 1897 (30 Stat. 44). Monuments and avenues for marking positions of troops, etc. Act of Mar. 3, 1893 (27 Stat. 599). Secretary of War to provide regulations. Act of Feb. 11, 1895, sec. 6 (28 Stat. 651). Specimens of arms, etc., used in battle to be furnished. Act of July 27, 1892 (27 Stat. 276). Shiloh National Military Park Appropriation for, etc. Act of Dec. 27, 1894, sec. 8 (28 Stat. 597). Commissioners, compensation, duty, etc. Act of Dec. 27, 1894, sees. 4 and 5 (28 Stat. 597). Condemned cannon balls, etc., to be furnished to. Act of June 11, 1896 (29 Stat. 442). Establishment of, and general provisions. Act of Dec. 27, 1894 (28 Stat. 597). Injuring or destroying monuments, fences, shrubbery, trees, etc. Act of Dec. 27, 1894, sec. 7 (28 Stat. 597). Leases of lands within. Act of Dec. 27, 1894, sec. 3 (28 Stat. 597). Location of office, limitation on purchase of land, etc. Act of Mar. 2, 1895 (28 Stat. 945). Marking lines of battle, etc. Act of Dec. 27, 1894, sec. 6 (28 Stat. 597). Vicksburg National Military Park Acquisition of lands for. Sec. 2, act of Feb. 21, 1899 (30 Stat. 841). Commissioners, duties, salary, etc. Sees. 4 and 5, act of Feb. 21, 1899 (30 Stat. 842). Construction of. Sec. 8, act of Feb. 21, 1899 (30 Stat. 843). Establishment of, extent, etc. Act of Feb. 21, 1899 (30 Stat. 841). Injury to monuments, trees, etc.; penalty. Sec. 7, act of Feb. 21, 1899 (30 Stat. 843). Leases of lands within. Sec. 3, act of Feb. 21, 1899 (30 Stat. 841). State monuments, erection. Sec. 6, act of Feb. 21, 1899 (30 Stat. 842). National parks: Ejectments from lands purchased for. Act of Mar. 3, 1897, sec. 4 (29 Stat. 621). General Grant; employment of military force to prevent trespassers or intruders from destroying the game or objects of curiosity therein. Act of June 6, 1900 (31 Stat. 618). Penalty for hunting, shooting, trespassing, etc. Act of Mar. 3, 1897 (29 Stat. 621). Removal of trespassers, etc., from General Grant, Sequoia, and Yosemite. See Employment of military force. Sequoia; employment of military force to prevent trespassers or intruders from destroying the game or objects of curiosity therein. Act of June 6, 1900 (31 Stat. 618). Yellowstone National Park: Belongs to judicial district of Wyoming. Sec. 2, act of May 7, 1894 (28 Stat. 73). Commissioners, duties of: Trials of offenders, appeals, limits of authority, etc. Sees. 5 and 7, act of May 7, 1894 (28 Stat. 73). TABLE OF RELATED STATUTES. 679 National parks Continued . Yellowstone National Park Continued. Deputy marshals and terms of court. Sec. 6, act of May 7, 1894 (28 Stat, 73). Employees; appointment, compensation, etc. Act of Mar. 3, 1883 (22 Stat. 626). Establishment. Sec. 2474, R. S. Jail and office building. Sec. 9, act of May 7, 1894 (28 Stat. 73). Leases within authorized. Act of Aug. 3, 1894 (28 Stat. 222). Penal provisions relating to hunting, fishing, violation of regulations, etc. Sec. 4, act of May 7, 1894 (28 Stat. 73). Protection of fish and game and removal of trespassers, etc. Sec. 2475, R. S. Punishment of offenses under Wyoming laws. Sec. 3, act of May 7, 1894 (28 Stat. 73). Road extensions and improvements to be under Chief of Engineers. Act of June 6, 1900 (31 Stat. 625). Secretary of Interior to have control. Sec. 2475, R. S. Secretary of the Interior to make^regulations for management, care, and pro- tection of. Sec. 4, act of May 7, 1894 (28 Stat. 73). Under exclusive jurisdiction of the United States. Sec. 1, act of May 7, 1894 (28 Stat. 73). Yosemite; employment of military force to prevent trespassers or intruders from destroying the game or objects of curiosity therein. Act of June 6, 1900 (31 Stat. 618). National Sanitarium, Hot Springs, S. Dak., in connection with National Home for Disabled Volunteer Soldiers. See Medical Department. Native wines, Philippine Islands, sale of, to soldiers, etc. See Philippine Islands. Naturalization: Alien enemies not admitted. Sec. 2171, R. S. Aliens of African nativity and descent. Sec. 2169, R. S., and act of Feb. 18, 1875 (18 Stat. 318). Aliens, declared intention, oath, residence, etc. Sec. 2165, R. S., and act of Feb. 1, 1876 (19 Stat. 2) replaced by sees. 3 and 4, act of June 29, 1906 (34 Stat. 596). Children of naturalized persons. Sec. 2172, R. S., as amended by sec. 5, act of Mar. 2, 1907 (34 Stat. 1229). Declaration of intention, how made. Sec. 5, act of June 29, 1906 (34 Stat. 598). False certificate of citizenship, penalty. Sec. 74, act of Mar. 4, 1909, Criminal Code (35 Stat. 1102). Indians adopting civilized life and allottees. Sec. 6, act of Feb. 8, 1887 (24 Stat. 390). Minor residents. Sec. 2167, R. S., replaced by sec. 4, act of June 29, 1906 (34 Stat. 596). Petitions filed in term time or vacation. Sec. 6, act of June 29, 1906 (34 Stat. 598). Residence required. Sec. 2170, R. S., as amended by sec. 10, act of June 29, 1906 (34 Stat. 599). Restrictions, qualifications, procedure, etc. Act of June 29. 1906 (34 Stat. 598). Widow and dependent children of declarants. Sec. 2168, R. S., replaced by sec. 4, act of June 29, 1906 (34 Stat. 598). Naval Militia, District of Columbia, authorization of, etc. See Militia. Naval radio station, Canal Zone. See Panama Canal. Navigable waters: Authority for construction of fish ways in. See Corps of Engineers. Bridges, dams, etc., over or across. See Corps of Engineers. Harbor lines, establishment and extension of. See Corp^ of Engineers. 680 TABLE OF BELATED STATUTES. Navigable waters Continued. Mississippi River, piers and cribs in, snag boats and water gauges on, South Pass of, etc. See Corps of Engineers. Mississippi River Commission, creation, duties, headquarters of, etc. See Corps of Engineers. Missouri River Commission, composition, creation, duties, etc., of. See Corps of Engineers. New York Harbor, regulations governing, etc. See Corps of Engineers. Obstruction of, by bridges, etc., navigable rivers form public highways, etc. See Corps of Engineers. - Porto Rico, permits for construction of works in. See Porto Rico. Public works, unauthorized use of. See Corps of Engineers. River and harbor works, estimates, reports, surveys, etc. See Corps of Engineers. Wharf property, District of Columbia, control of. See Corps of Engineers. Navigation laws, Philippine Islands, administration of, etc. See Philippine Islands. Navigation, obstructions to, penal clauses, removal of sunken vessels, wrecks, etc. See Corps of Engineers. Navy, Fort Bayard Hospital, treatment of officers and men at. See Medical Depart- ment. New Panama Canal Co., purchase of rights of. See Panama Canal. New York Harbor, regulations governing, etc. See Corps of Engineers. Neutrality; ministers of United States in foreign countries may issue writs to prevent enlistment of Americans in military service of foreign governments. Sec. 4090, R. S. Nicaragua canal, as alternative route, authorized. See Panama Canal. Nicaragua, concessions from. See Panama Canal. Nonindebtedness, Army officers accountable for public property to secure certificates of, before discharge. See Public property. Northern Pacific Railroad, post route and military road. See Transportation. Nurses, Army, pensionable status. See Pensions. Oaths: Pension claims, etc., before authorized officer. See Pension. Philippine Islands, who may administer. See Philippine Islands. Postmasters may administer, as to pension matters. See Pensions. Offenses on military reservations, not prohibited by Federal law, how punished. See Public property. Official business, subsistence allowance to be paid to persons traveling outside the District of Columbia on. See District of Columbia. Offenses on high seas, Philippine Islands, jurisdiction over. See Philippine Islands. Officers and employees, use of, in affording relief, protection, and transportation to American citizens in Europe, made necessary by existing political disturbances. See Europe. Ohio Valley flood of March, 1913, relief of lessees of water power on Muskingum River, Ohio, whose property was destroyed by. See Corps of Engineers. Ordnance and ordnance stores: Issue to the militia, credit to appropriation for. See Militia. Replacing stores carried into war with Spain. See Militia. Sale of rifles, etc., to Cuba. See Cuba. Panama Canal. See also Isthmian Canal Commission. Acquisition of right of way from Republic of Colombia. Sees. 2 and 3, act of June 28, 1902 (32 Stat. 481). Advertising, unserviceable equipment, etc., may be sold without. Sec. 8, act of Aug. 1, 1914 (38 Stat. 679). Alternative route authorized. Sec. 4, act of June 28, 1902 (32 Stat. 482). TABLE OF RELATED STATUTES. 681 Panama Canal Continued. Appropriation for property of canal company and for right of way. Sec. 3, act of June 28, 1902 (32 Stat. 482). Appropriations. Sec. 5, act of June 28, 1902 (32 Stat. 483). For construction available for payment of obligations of canal commission. Sec. 4, act of May 27, 1908 (35 Stat. 387). To continue. Sec. 2, act of Dec. 21, 1905 (34 Stat. 5). Bonds On circulating notes of national banks based on deposit of. Act of Dec. 21, 1905 (34 Stat. 5). Provisions against use as security for national-bank circulating notes. Act of Mar. 2, 1911 (36 Stat. 1013). Reimbursement of expenditures from sale of. Act of Aug. 5, 1909 (36 Stat. 117); act of Mar. 4, 1911 (36 Stat. 1450). Rights and privileges of. Act of Dec. 21, 1905 (34 Stat. 5). To defray expenses, issue, interest, exemption from taxation. Sec. 8, act of June 28. 1902 (32 Stat. 484); act of Dec. 21, 1905 (34 Stat. 5); eec. 39, act of Aug. 5, 1909 (36 Stat. 117). Building for Government exhibit on Presidio of San Francisco. See Panama- Pacific International Exposition. Use of building at close of exposition. See Panama-Pacific International Exposition. Canal Zone Civil government of, general provisions. Sec. 7, act of Aug. 24, 1912 (37 Stat. 564). District courts established, rules, procedure. Sec. 8, act of Aug. 24, 1912 (37 Stat. 564). Governor, appointment of. Sec. 4, act of Aug. 24, 1912 (37 Stat. 561). United States citizens, magistrates, and constables. Sec. 7, act of Aug. 24, 1912 (37 Stat. 564). Customs duties, laws applicable to imports from. Act of Mar. 2, 1905 (33 Stat. 843). Customs duties on imports from, reappropriated for construction. Sec. 5, act of May 27, 1908 (35 Stat. 387). Docks, storehouses, etc., establishment of. Sec. 6, act of Aug. 24, 1912 (37 Stat. 564). Extent of; acquirement of additional land. Act of Aug. 24, 1912 (37 Stat. 560). Land survey of. Sec. 4, act of Feb. 27, 1909 (35 Stat. 658). Leases of public lands in. Sees. 1, 2, 3, act of Feb. 27, 1909 (35 Stat. 658). Naval radio stations, establishment of. Sec. 6, act of Aug. 24, 1912 (37 Stat. 563). Not embraced by term "United States" in immigration act. Sec. 33, act of Feb. 20, 1907 (34 Stat. 908). Possession and occupation. Act of Apr. 28, 1904 (33 Stat. 429). Right to remain in or pass over; regulated by governor. Sec. 10, act of Aug. 24, 1912 (37 Stat. 564). Temporary government. Sec. 2, act of Apr. 28, 1904 (33 Stat. 429). Capacity. Sec. 3, June 28, 1902 (32 Stat. 482). Consolidation of Zone government, railroad, and canal funds. Sec. 1, act of Aug. 1, 1914 (38 Stat. 679). Contracts for. Sec. 5, act of June 28, 1902 (32 Stat. 483); sec. 6, act of Mar. 4, 1906 (34 Stat. 1370); act of Aug. 5, 1909 (36 Stat. 130). 682 TABLE OF RELATED STATUTES. Panama Canal Continued. Costa Rica and Nicaragua; concessions to be obtained from. Sec. 4, June 28, 1902 (32 Stat. 482). Deduction from pay for amounts due from employees. Sec. 8, act of Mar. 4, 1907 (34 Stat. 1371). Defense, etc. Sec. 3, act of June 28, 1902 (32 Stat. 482). Employment of persons for; compensation. Sec. 3, act of June 28, 1902 (32 Stat. 482). Estimates, detailed to be submitted hereafter. Sec. 6, act of Aug. 1, 1914 (38 Stat. 679). Foreign officials, entertainment of in connection with Panama-Pacific Interna- tional Exhibition. See Panama-Pacific International Exhibition. Guaranty of use of canal and harbors to country ceding rights. Sec. 6, act of June 28, 1902 (32 Stat. 483). Harbors. Sec. 3, act of June 28, 1902 (32 Stat. 482). Injuries to, punishment. Sec. 10, act of Aug. 24, 1912 (37 Stat. 564). Isthmian Canal Commission, duties, etc., of. See Corps of Engineers. Leaves of absence to employees. Act of Feb. 24. 1909 (35 Stat. 645). Liability of common carriers for injuries to employees. Sees. 2 to 8, act of Apr. 22, 1908 (35 Stat. 65). Lock canal to be constructed. Act of June 29, 1906 (34 Stat. 611). Material and equipment for, domestic manufacture. Joint Res. No. 35, June 25, 1906 (34 Stat. 835). Moneys received from services, supplies, etc., disposition of. Sec. 3, act of Aug. 1, 1914 (38 Stat. 678). New Panama Canal Co., purchase of lands and rights from, authorized. Act of June 28, 1902 (32 Stat. 481). Nicaragua Canal, as alternative route, authorized. Sec. 4, act of June 28, 1902 (32 Stat. 482). "Panama Canal act." Act of Aug. 24, 1912 (37 Stat. 560). Panama, payment to. Act of Apr. 28, 1904 (33 Stat. 429). Panama Railway Co., purchase of capital stock of. Act of June 28, 1902 (32 Stat. 481). Contracts with Army and Navy; form, duration, bond. Sec. 6, act of Mar. 4. 1911 (36 Stat. 1452). Insurance, payment of notes. Sec. 2, act of Mar. 4, 1911 (36 Stat. 1451). Payment of annual subsidy not required. Act of June 25, 1910 (36 Stat. 772). Provisions relating to construction of canal works, etc., not applicable to. Sec. 6, Act of Mar. 3, 1909 (35 Stat. 818). Public property, unserviceable equipment, etc., may be sold without adver- tising. Sec. 8, act of Aug. 1, 1914 (38 Stat. 679). Purchase of rights, etc., of New Panama Canal Co. Act of June 28, 1902 (32 Stat. 481). Registry American ships, general provisions. Sec. 5, act of Aug. 24, 1912 (37 Stat. 562). Reports as to construction, accounts of receipts, etc. Sec. 3, act of Dec. 21, 1905 (34 Stat. 5). Republic of Colombia, right of way from. Sees. 2 and 3, act of June 28, 1902 (32 Stat. 481). Revenues, distribution of. Sec. 2, act of Aug. 1, 1014 (38 Stat. 678). Sales of construction material, etc., disposition of receipts from. Sec. 3, actof Aug. 1, 1914 (38 Stat. 678). TABLE OF RELATED STATUTES. 683 Panama Canal Continued. Tolls, basis of. Sec. 5, act of Aug. 24, 1912 (37 Stat. 562). Basis of. Minimum modified. Sec. 2, act of June 15, 1914 (38 Stat. 386). Exemption of coastwise vessels repealed. Sec. 1, act of June 15, 1914 (38 Stat. 385). President to prescribe changes in. Sec. 5, act of Aug. 24, 1912 (37 Stat. 562). Unit cost of construction work. Sec. 8, act of Aug. 1, 1914 (38 Stat. 679). Unserviceable equipment, etc., may be sold without advertising. Sec. 8, act of Aug. 1, 1914 (38 Stat. 679). Panama-California Exposition, detail of Army officer, on active or retired list, with. See Details of Army officers. Panama-Pacific International Exposition: Building for Government exhibit. Act of Aug. 1, 1914 (38 Stat. 667). Cession of jurisdiction to State of California over portions of the Presidio of San Francisco and Fort Mason Military Reservations used for exposition purposes during such occupancy. Joint Res. No. 53 (38 Stat. 783). Construction of, on Presidio of San Francisco Military Reservation. Act of Aug. 1, 1914 (38 Stat. 667). Detail of Army officer, on active or retired list, with. See Details of Army officers. Details of Army and Navy officers with, permitted, allowances in lieu of trans- portation and mileage, etc. Act of June 23, 1913 (38 Stat. 76). Entertaining foreign officials, etc., at. Act of Aug. 1, 1914 (38 Stat. 667). Use of building at close of exposition. Act of Aug. 1, 1914 (38 Stat. 667). Panama Railroad, consolidation of the zone government, canal fund, and. See Panama Canal. Panama Railway Company, purchase of capital stock of. See Panama Canal. Panama, Republic of, payment to. See Panama Canal. Park system, District of Columbia: Filled-in canal spaces, etc., added to. See Corps of Engineers. Potomac Park made part of. See Corps of Engineers. Parole of military prisoners. See Federal prisoners. Parole of United States prisoners, Federal parole law. Act of June 25, 1910 (36 Stat. 819), as amended by act Jan. 23, 1913 (37 Stat. 650). Pay Department, appointments in, from volunteers. Act of Mar. 2, 1901 (31 Stat. 900). Peace officers, Philippine Islands, Army officers as attorneys and. See Philippine Islands. Pensions: Abandonment of children or immoral conduct by widow forfeits. Sec. 4706, R. S. Accrued. Sec. 4710, R. S. Accrued. Act of June 3, 1884 (23 Stat. 35), and act of March 1, 1889 (25 Stat. 782). Affidavits, false or post-dated vouchers, penalty. Sec. 4746, R. S. Agencies in three groups. Sec. 2, act of Mar. 3, 1891 (26 Stat. 1082). Agents, appointment and term of office. Sec. 4778, R. S. Agents, bonds. Sec. 108, act of Mar. 4, 1909; Criminal Code (35 Stat. 1107). Army nurses. Act of Aug. 5, 1892 (27 Stat. 348). And pay not allowed persons in Army, Navy, or Marine Corps, unless, etc. Sec. 4724, R. S. Arrears, commencement. Sec. 1. act of Jan. 25, 1879 (20 Stat. 265). Arrears, payment. Sec. 4711, R. S. Assignment, pledge or transfer void. Sec. 4745, R. S. Attachment, not liable to. Sec. 4747, R. S. 684 TABLE OF RELATED STATUTES. Pensions Continued . Attorneys' fees. Sec. 3, act of July 4, 1884 (23 Stat. 99) ; sec. 4, act of June 27, 1890 (26 Stat. 183); act of May 28, 1908 (35 Stat. 419); sec. 3, act of Apr. 19, 1908 (35 Stat. 64). Amounts to be filed. Sec. 4, act of July 4, 1884 (23 Stat. 99). Deducted by agent. Sec. 4769, R. S. Certain pensions equalized. Act of June 6, 1874 (18 Stat. 61). Certificate and attorneys' fees. Sec. 4768, R. S. Certificate of official character of officers without seal. Joint Res. No. 43, Sept. 1, 1890 (26 Stat. 679). Check to order of each pensioner. Sec. 4765, R. S. Children, legitimate. Sec. 4704, R. S. Citizenship. Act of Feb. 3, 1892 (27 Stat. 429). Civil examining surgeons. Sec. 4777, R. S., as amended by act of May 28, 1908 (35 Stat. 419). Civil service. Act of Mar. 1 , 1879 (20 Stat. 327); act of June 6, 1866 (14 Stat. 57); act of Mar. 4, 1909 (35 Stat. 1058). Claimant may inspect surgeon's report. Act of July 18, 1894 (28 Stat. 113) as amended by act of May 28, 1908 (35 Stat. 419). Claims exempt from revenue stamps. Act of June 13, 1898 (30 Stat. 462). Claims, removal of limitations of prosecution. Sec. 3, act of Jan. 25, 1879 (20 Stat. 265). Commencement. Act of Mar. 6, 1896 (29 Stat. 45); sec. 1, act of July 1, 1902 - (32 Stat. 750). Commencement in wars prior to Mar. 4, 1861. Sec. 4713, R. S. Commissioner. Sec. 470, R. S. Duties. Sec. 471, R. S. Assistant. Sec. 472, R. S. Continuance. Sec. 4733, R. S. Deafness, increase of rate. Act of Aug. 27, 1888 (25 Stat. 449). Death of pensioner. Sec. 4765, R. S. Death, proof of. Act of Mar. 13, 1896 (29 Stat. 57). Declarations in foreign countries. Sec. 2, act of July 26, 1892 (27 Stat. 272). Declarations. Sec. 1, act of July 26, 1892 (27 Stat. 272). Dependent parents. Sec. 1, act of June 27, 1890 (26 Stat. 182). Deserters, not so deemed. Sec. 4749, R. S., as amended by Joint Res. of June 28, 1906 (34 Stat. 836). Disloyalty a bar to. Sec. 4716, R. S., as amended by sec. 5, act of Jan. 29, 1887 (24 Stat. 371), and sec. 6, act of July 27, 1892 (27 Stat. 281); amended by sec. 1, act of July 1, 1902 (32 Stat. 750). Disloyalty removed in certain cases. Act of Aug. 1, 1892 (27 Stat. 340), and Apr. 18, 1900 (31 Stat. 136); also act of Mar. 3, 1899 (30 Stat. 1379). Embezzlement by guardian. Sees. 4783, 5486, R. S.; act of Feb. 10, 1891 (26 Stat. 746). Examination fees. Act of Apr. 4, 1900 (31 Stat. 61); replaced by act of May 28, 1908 (35 Stat. 419). Expert surgeons. Act of July 25, 1882 (22 Stat. 176). False affidavit. Sec. 4746, R. S. Fees for increase, $2. Act of Mar. 3, 1891 (26 Stat. 1082). None in arrears. Sec. 4, act of July 4, 1884 (23 Stat. 99). For permanent specific disability prior to June 4, 1872. Sec. 4697, R. S. Hands, loss of both, increase. Act of Feb. 12, 1889 (25 Stat. 659). Increase of. Act of June 16, 1880 (21 Stat. 281). TABLE OF BELATED STATUTES. 685 Pensions Continued. Increase for loss of limbs. Act of Aug. 4, 1886 (24 Stat. 220), amended by act of Mar. 2, 1903 (32 Stat. 944). Increase not to commence prior to date of surgeon's certificate. Sec. 4698$, R. S. Increase of rate. Act of June 18, 1874 (18 Stat. 78). Indian wars prior to 1842. Act of July 27, 1892 (27 Stat. 281); act of June 27, 1902 (32 Stat. 399); act of May 30, 1908 (35 Stat. 553). Inmates, National Homes for Disabled Volunteer Soldiers, how paid. See Na- tional Homes for Disabled Volunteer Soldiers. Inspection of agencies. Act of Aug. 8, 1882 (22 Stat. 373). Instructions free of charge. Sec. 4748, R. S. Invalid, dependent soldiers. Sec. 2, act of May 9, 1900 (31 Stat. 170); act of Feb. 6, 1907 (34 Stat. 897); act of Mar. 4, 1907 (34 Stat. 1406). Investigation of fraud. Sec. 474, R. S. Investigating officers may administer oaths. Sec. 3, act of Mar. 3, 1891 (26 Stat. 1083). Legal disabilities. Sec. 4766, R. S. Loss of arm at shoulder joint. Act of^Iar. 3, 1885 (23 Stat. 437). Loss of both hands, feet, or eyes. Act of June 17, 1878 (20 Stat. 144); amended by act of Apr. 8, 1904 (33 Stat. 163). Loss of leg at hip joint. Act of Mar. 3, 1879 (20 Stat. 483). Marriage, proof of. Act of Aug. 7, 1882 (22 Stat. 345). Marriage must be proven legal. Sec. 2, act of Aug. 7, 1882 (22 Stat. 345). Medical referee and examining surgeon. Sec. 4776, R. S. Mexican War, increased to $12 per month. Act of Jan. 5, 1893 (27 Stat. 413). Mexican War. Sec. 4730, R. S. Minimum rate, $6 per month. Act of Mar. 3, 1895 (28 Stat. 704). Missouri Militia. Joint Res. No. 13, Feb. 15, 1895 (28 Stat. 970). No fee to agent, etc. Sec. 2, act of Aug. 5, 1892 (27 Stat. 348). Not to be withheld. Sec. 4734, R. S. Oaths, before authorized officers. Act of July 1, 1890 (26 Stat. 209). Oaths by officers, fee. Act of June 7, 1888 (25 Stat, 174); act Mar. 1, 1889 (25 Stat. 782); and act of Mar. 23, 1896 (29 Stat. 74). One at a time. Sec. 4715, R. S. Payment by check. Act of June 30, 1890 (26 Stat. 187). Payments by attorneys to pensioners in foreign countries prohibited. Act Mar. 14, 1898 (30 Stat. 276). Persons receiving special pension not to receive any other relief. Sec. 5, act July 25, 1882 (22 Stat. 176); act of Mar. 4, 1909 (35 Stat. 1058). Postmasters, fourth class, may administer oaths. Act of Aug. 23, 1894 (28 Stat. Presumption as to disability at enlistment. Act of Mar. 3, 1885 (23 Stat. 361). Rate of arrears. Act of Mar. 3, 1879 (20 Stat. 470). Rate for dependent widow and minor children. Sec. 3, act of May 9, 1900 (31 Stat. 171); amended by sec. 2, act, of Apr. 19, 1908 (35 Stat. 64). Rate increased to $12 per month to all survivors. Act of Apr. 23, 1900 (31 Stat. 137); act of Mar. 3, 1903 (32 Stat. 1228). Sixty days service in Mexican War or personally named by Congress for specific service in that war. Act of Jan. 29, 1887 (24 Stat. 371). Special examinations. Sec. 3, act of June 21, 1879 (21 Stat. 30). Special investigation of fraud. Sec. 4744, R. S. Surgeons, appointment. Sec. 4, act of July 4, 1882 (22 Stat. 175). Surgeons reports. Act of Dec. 22, 1896 (29 Stat. 479); amended by act of May 28, 1908 (35 Stat. 419). 686 TABLE OF BELATED STATUTES. Pensions Continued . Suspension of, notice. Act of Dec. 21, 1893 (28 Stat. 18). Total blindness. Act of Mar. 3, 1879 (20 Stat. 484). Unclaimed. Sec. 4719, R. S. Vouchers. Sec. 4767, R. S. To pensioners quarterly. Sec. 4764, R. S. Widows and children of pensioners of War of 1812 and Indian Wars. Sec. 473, R. S. Widows of colored and Indian soldiers. Sec. 4705, R. S. Widows, commence from date of death of husband. Act of June 7, 1888 (25 Stat. 173). Widow not to receive for same time husband had received same. Sec. 4735, R. S. Widows of soldiers of Mexican W T ar. Sec. 4731, R. S. Per diem subsistence allowance for persons traveling on official business outside Dis- trict of Columbia. See District of Columbia. Philippine Islands: Acquisition of privately owned land for military purposes. Sec. 7, act No. 627, Philippine Commission, enacted Feb. 9, 1903, as amended by sec. 1, Act No. 806, Philippine Commission, enacted July 24, 1903. Action for enforcement of right of eminent domain on behalf of United States, how instituted. Sec. 2, Act No. 665, Philippine Commission, enacted Mar. 5, 1903. Appointment to civil service, preference to be given, among those eligible, to certain named classes. Sec. 6, Act No. 1698, Philippine Commission, enacted Aug. 26, 1907. Army to aid civil authorities whenever called upon by latter. Sec. 7, Act No. 83, Philippine Commission, enacted Feb. 6, 1901, as amended by sec. 21, Act No. 175, Philippine Commission, enacted July 18, 1901, and sec. 1, Act No. 255, enacted Oct. 3, 1901. Army officers as attorneys. Sec. 1, Act No. 856, Philippine Commission, enacted Aug. 27, 1903. Army officers as peace officers, authority of. Sec. 20, Act No. 787, Philippine Commission, enacted June 1, 1903, providing for organization and government of Moro Province, as amended by sec". 11, Act No. 1283, Philippine Commission enacted Jan. 13, 1905; sec. 1, Act No. 1797, Philippine Commission, enacted Oct. 12, 1907. Arrest on reservations, etc. Sec. 7, Act No. 530, Philippine Commission, Nov. 24, 1902. Benguet Road, portions of same authorized to be declared a toll road. Sec. 1, Act No. 1959, Philippine Commission, enacted June 26, 1909. Bonds to be given by all insular, provincial or municipal officers receiving or having custody of funds or property. Sec. 37, Act No. 1792, Philippine Com- mission, Oct. 12, 1907. Branch office of Military Information Division at Manila, payment of contingent expenses of. Act of Apr. 23, 1904 (33 Stat. 260.) Certain classes of persons barreci from election or appointment to township office. Sec. 15, Act No. 1397, Philippine Commission, Sept. 14, 1905. Certain classes of persons entitled to vote at all elections, officers and enlisted men of Army, Navy, and Marine Corps barred. Sec. 13, Act No. 1582, Philip- pine Commission, Jan. 9, 1907. Civil and military officers and employees traveling on leave to be granted half- rates by contracting vessels of coastwise trade. Sec. 1, Act No. 1310, Philip- pine Commission, Mar. 23, 1905. TABLE OF RELATED STATUTES. 687 Philippine Islands Continued. Civil government not to interfere with military administration of lands reserved for military purposes. Sec. 3, Act No. 530, Philippine Commission Nov. 24, 1902. Civil jurisdiction over reservations. Sec. 8, Act No. 530, Philippine Commission, Nov. 24, 1902. Claims for private lands and interests within military reservations to be barred if not presented within six months from date of notice. Sec. 4, Act No. 627, Philippine Commission, Feb. 9, 1903; sec. 1, Act No. 806, Philippine Commis- sion, July 24, 1903. Commanding officer of United States troops at each place named in act to notify municipal authorities of bounds of precincts within which intoxicants may not be sold. Sec. 5, Act No. 709, Philippine Commission, Mar. 28, 1903. Condemnation of land for public use, who may exercise right of. Sec. 241, Act No. 190, Philippine Commission, Aug. 7, 1901; sec. 1, Act No. 665, Philippine Commission, Mar. 5, 1903. Containers for removal of dead. Sec. 271, Revised Ordinances of City of Manila, 1908. Contracts for material for seacoast batteries. Act of June 23, 1910 (36 Stat, 598). Criminal prosecutions to be instituted under liquor act for violations of same. Sec. 25, Act No. 59, Philippine Commission, Dec. 14, 1900. Debt due United States from any insular, provincial, or municipal government officer or employee to be withheld from latter 's pay by disbursing officer. Sec. 1, Act No. 911, Philippine Commission, Sept. 29, 1903. Debt due United States from officer or employee, penalty for failure of disbursing officer to withhold from pay, etc. Sec. 2, Act No. 911, Philippine Commission, Sept. 29, 1903. Disinterment and removal of dead. Sec. 35, Act No. 1458, Philippine Commis- sion, Feb. 21, 1906. Electors, who may exercise privilege of choosing elective officers; officers and enlisted men of Army, Navy, or Marine Corps barred. Sec. 6, Act No. 1397, Philippine Commission, Sept. 14, 1905. False swearing. Sec. 2, Act No. 1562, Philippine Commission, Nov. 10, 1906. Fees and fines arising in enforcement of liquor law; how disposed of. Sec. 4, Act No. 759, Philippine Commission, Mar. 28, 1903; sec. 1, Act No. 1502, Philippine Commission, June 26, 1906. Fees for permit to transport body of dead. Paragraph 288g, Revised Ordinances of City of Manila, 1908. Fees of court officers; how disposed of. Sec. 27, Act No. 136, Philippine Com- mission, June 11, 1901; sec. 1, Act No. 176, Philippine Commission, July 20, 1901. Fees to civilian witnesses. Sec. 1, Act No. 1130, Philippine Commission, Apr. 28, 1904; sec. 1, Act. No 1243, Philippine Commission, Oct. 7, 1904. Firearms and ammunition regularly and lawfully issued to all United States officers, soldiers, sailors and marines, constabulary, prison guards, policemen, and provincial officials and servants, to be retained by them for official use. Sec. 16, Act No. 1780, Philippine Commission, Oct. 12, 1907. Sec. 24, Act No. 175, Philippine Commission, July 18, 1901, as amended by Act No. 610, Philip- pine Commission, Feb. 2, 1903, and sec. 1, Act No. 652, Philippine Commission, Mar. 4, 1903, are repealed by sec. 31, Act No. 1780, Philippine Commission. Firearms, lawful possession of, by officials. Sec. 16, Act No. 1780, Philippine Commission, Oct. 12, 1907. Sec. 24, Act No. 175, Philippine Commission, July 18, 1901, as amended by Act No. 610, Philippine Commission, Feb. 2, 1903, and sec. 1, Act No. 652, Philippine Commission, Mar. 4, 1903, are repealed by sec. 31, Act No. 1780, Philippine Commission. 688 TABLE OF BELATED STATUTES. Philippine Islands Continued. Franchises for works of public utility, etc., rules and regulations to be adopted. Sec. 74, act of July 1, 1902 (32 Stat. 691). Governor general to notify judge of Court of Land Registration of reservation of public lands for military purposes. Sec. 2, Act No. 627, Philippine Commis- sion, Feb. 9, 1903, as amended by sec. 1, Act No. 806, Philippine Commission, July 24, 1903. Governor of Province, or district governor, to apply to any military officer in command of United States troops to enforce law and order and suppress disturb- ances that cannot otherwise be put down. Sec. 20, Act No. 787, Philippine Commission, June 1, 1903, as amended by sec. 11, Act No. 1283, Philippine Commission, Jan. 13, 1905. Habeas corpus How employed. Sec. 1, Act No. 272, Philippine Commission, Oct. 1, 1901. Repeal of section of act to forbid issuing of writ of habeas corpus against mili- tary officer or soldier in certain Provinces. Sec. 4, Act No. 421, Philippine Commission, June 23, 1902. When privilege of same may be suspended. Sec. 5, act of July 1, 1902 (32 Stat. 692). Highway, Lepanto Mining Co., statutory regulations governing operation of same. Sec. 5, Act No. 1700, Philippine Commission, Aug. 30, 1907. Import duties, not to be imposed on certain classes of imports. Sec. 10, act of Aug. 5, 1909 (36 Stat. 170, 171). Insane natives serving in Army, care of. Act of Mar. 2, 1907 (34 Stat. 1173). Inspection of United States Government vessels entering Philippine Islands. Sec. 20, act of Aug. 5, 1909 (36 Stat. 176). Interisland traffic, regulations governing. Sec. 1, act of Apr. 29, 1908 (35 Stat. 70). Intoxicating liquors, certain Army officers to be justices of the peace only for purpose of enforcing provisions of act regulating sale of. Sec. 4, Act No. 709, Philippine Commission, Mar. 28, 1903, as amended by sec. 1, Act No. 1502, Philippine Commission, June 26, 1906. Investigation of suspicious deaths. Sec. 15, Act No. 1487, Philippine Com- mission, May 16, 1906. Justices of the peace, certain Army officers to be, only for purpose of enforcing act regulating sale of intoxicating liquors. Sec. 4, Act No. 709, Philippine Commission, Mar. 28, 1903, as amended by sec. 1, Act No. 1502, Philippine Commission, June 26, 1906. Lands and buildings exempt from taxation. Sec. 19, Act No. 1396, Philippine Commission, Sept. 14, 1905. Lands comprised within military reservations to become registered lands. Sec. 1, Act No. 627, Philippine Commission, Feb. 9, 1903, as amended by sec. 1, Act No. 806, Philippine Commission, July 24, 1903. Lands to which provisions of sections 38, 39, 40, 41, and 42 of Act No. 190 are applicable. Sec. 6, Act No. 627, Philippine Commission, Feb. 9, 1903, as amended by sec. 1, Act No. 806, Philippine Commission, July 24, 1903. Lands within military reservations to be brought under operation of land regis- tration act. Sec. 1, Act No. 627, Philippine Commission, Feb. 9, 1903, as amended by sec. 1, Act No. 806, Philippine Commission, July 24, 1903. Law of war; military occupation. Sec. 2, act of July 1, 1902 (32 Stat. 692). License as master, mate, etc., of a Philippine coastwise vessel. Sec. 7, Act No. 780, Philippine Commission, May 29, 1903, as amended by sec. 1, Act No. 1317, Philippine Commission, Apr. 11, 1905. Licenses to harbor vessels. Sec. 4, act of Apr. 29, 1908 (35 Stat. 70). TABLE OF BELATED STATUTES. 689 Philippine Islands Continued. Liquor licenses not to be granted on military reservations. Sec. 1, Act No. 530, Philippine Commission, Nov. 24, 1902. Liquor licenses not to be granted by provincial or municipal authority for sale of intoxicants within certain prohibited areas. Sec. 1, Act No. 709, Philippine Commission, Mar. 28, 1903, as amended by sec. 1, Act No. 760, Philippine Commission, May 21, 1903; see sees. 1 and 2, Act No. 1169. Philippine Com- mission, May 31, 1904, and sec. 1, Act No. 1904, Philippine Legislature, May 19, 1909. Locust pest, exemption of certain named classes of inhabitants of Philippine Islands from being called upon to aid in suppression of. Sec. 1, Act No. 834, Philippine Commission, Aug. 17, 1903. Military forces in Philippine Islands to be at all times subject to call of civil authorities. Sec. 1, act of July 1, 1902 (32 Stat. 691). Military reservations, civil officers having authority over, or civilians resident thereon, not to interfere with military use of same. Sec. 3, Act No. 530, Philip- pine Commission, Nov. 24, 1902. Mining claims on reservations. Sec." 5, Act No. 530, Philippine Commission, Nov. 24, 1902. Moro Province Allowance to Army officers detailed to perform duties of provincial or district officials of province. Sec. 11, Act No. 787, Philippine Commission, June 1, 1903, as amended by sec. 4, Act. No. 1283, Philippine Commission, Jan. 13, 1905, and sec. 1, Act No. 1391, Philippine Commission, Sept. 8, 1905. Composition of legislative council. Sec. 12, Act No. 787, Philippine Com- mission, June 1, 1903, as amended by sec. 5, Act No. 1283, Philippine Commission, Jan. 13, 1905, and sec. 2, Act No. 1673, Philippine Commis- sion, July 20, 1907. Governor General to appoint executive officers for. Sec. 4, Act No. 787, Philippine Commission, June 1, 1903, as amended by sec. 1, Act No. 1283, Philippine Commission, Jan. 13, 1905, and sec. 1, Act No. 1673, Philippine Commission, July 20, 1907. Legislative council to have power to insure gradual transition from military to civil control. Sec. 28, Act No. 787, Philippine Commission, June 1, 1903. Positions, duties, and compensation of engineer and superintendent of schools of Moro Province created, assigned, and fixed by legislative council. Sec. 12, Act No. 787, Philippine Commission, June 1, 1903, as amended by sec. 5, Act No. 1283, Philippine Commission, Jan. 13, 1905, and sec. 2, Act No. 1673, Philippine Commission, July 20, 1907. Provincial governor to appoint, with consent of legislative council, a gov- ernor and secretary in each district. Sec. 15, Act No. 787, Philippine Commission, July 1, 1903, as amended by sec. 1, Act No. 889, Philippine Commission, Sept. 17, 1903; sec. 1, Act No. 1631, Philippine Commission, Apr. 25, 1907; and sec. 3, Act No. 1879, Philippine Commission, Oct. 10, 1908. Provincial governor to report to the Governor General of the Islands. Sec. 5, Act No. 787, Philippine Commission, June 1, 1903. Salaries of all officers and employees of province, and of districts and munici- palities therein, from what payable. Sec. 11, Act No. 787, Philippine Commission, June 1, 1903, as amended by sec. 4, Act No. 1283, Philippine Commission, Jan. 13, 1905, and sec. 1, Act No. 1391, Philippine Commis- sion, Sept. 8, 1905. 48985 15- 690 TABLE OF BELATED STATUTES. Philippine Islands Continued. More Province Continued. Use of Army in aid of civil authorities. Sec. 20, Act No, 787, Philippine Commission, June 1. 1903, as amended by sec. 11, Act No. 1283, Philippine Commission. Jan. 13, 1905. National-defense secrets, offenses against act, where cognizable. Sec. 3, act of Mar. 3, 1911 (36 Stat. 1085). Native wines not to be sold in Province of Zambales to soldiers of Army or sailors or enlisted men of Navy or Marine Corps; penalty for violation. Sees. 1 and 2, Act No. 1369, Philippine Commission, July 7, 1905. Native wines not to be sold to soldiers of United States Army or to sailors or enlisted men of Navy or Marine Corps in Province of Cavite; penalty for vio- lation. Sees. 1 and 2, Act No. 1302, Philippine Commission, Feb. 24, 1905. Native wines or liquors, Governor General to specify kinds of, prohibited to be sold. Sec. 1, Act No. 1944, Philippine Legislature, May 20, 1909. Native wines, so-called, not to be sold to soldiers. Sec. 24, Act No. 59, Philip- pine Commission, Dec. 14, 1900. Navigation laws, repeal of. Sec. 6, act of Apr. 29, 1908 (35 Stat. 70). Navigation laws to be administered by proper officials of the Insular Government. Sec. 5, act of Apr. 29, 1908 (35 Stat. 70). Oaths, who may administer. Sec. 1, Act No. 1562, Philippine Commission, Nov. 10, 1906. Offenses on high seas, jurisdiction over. Sec. 3, act of Mar. 3, 1911 (36 Stat. 1085) . Officers of Army and of constabulary are, while upon certain details, given the power of peace officers, and, while so detailed, shall perform the duties of such peace officers. Sec. 1, Act No. 1797, Philippine Commission, Oct. 12, 1907. Penalty for conviction of violation of liquor law. Sec. 25, Act. No. 59, Philippine Commission, Dec. 14, 1900. Penalty for selling, furnishing, or giving away intoxicants. Sec. 2, Act No. 709, Philippine Commission, Mar. 28, 1903. Penalty for unlawfully cutting or destroying standing timber or any other public property on military reservations. Sec. 6, Act No. 530, Philippine Commission, Nov.. 24, 1902. See sec. 9, Act No. 1407, Philippine Commission, Oct. 26, 1905, as amended by sec. 1, Act No. 1872, Philippine Commission, June 19, 1908, and'sec. 1, Act No. 1976, Philippine Legislature, Apr. 18, 1910, which gives to honorably dischaiged soldiers and sailors of the Army or Navy certain rights to cut timber free of charge in the public forests. Penalty for violating any regulation made in pursuance of an act providing for establishment and maintenance of toll roads and bridges; act to be at once operative. Sees. 2 and 3, Act No. 1959, Philippine Commission, June 26, 1909. Per diems to Army or Navy officers detailed for duty with the Insular Govern- ment when traveling on official business. Sec. 3, Act No. 1873, Philippine Legislature, June 19, 1908. Personal property of persons employed in military service and used incident to such ser/ice to be exempt from all taxation under insular laws. Sec. 4, Act No. 530, Philippine Commission, Nov. 24, 1902. Philippine civil service act not to apply to persons in military, naval, or civil service of United States detailed for performance of civil duties. Sec. 1. Act No. 1698, Philippine Commission, Aug. 26, 1907. Philippine civil service act retroactive in effect as to accrued leave of officers and employees. Sec. 23, Act No. 1698, Philippine Commission, Aug. 26, 1907. Philippine civil service act to apply to appointments to all positions in Philippine civil service, except semi or unskilled laborers, etc. Sec. 1, Act No. 1698, Philippine Commission, Aug. 26, 1907. TABLE OF RELATED STATUTES. 691 Philippine Islands Continued. Poll tax, every male between 18 and 60, with certain named exceptions, to pay. Sec. 120, Act No. 1189, Philippine Commission, July 2, 1904. Procedure to be observed upon filing of claims and applications for registration in court of land registration. Sec. 5, Act No. 627, Philippine Commission, Feb. 9, 1903, as amended by sec. 1, Act No. 806, Philippine Commission, July 24, 1903. Property and rights acquired by treaty, except military reservations, placed under control of Insular Government. Sec. 12, act of July 1, 1902 (32 Stat. 691). Property and rights acquired by treaty, except that designated for military and other reservations placed under control of Insular Government. Sec. 12, act of July 1, 1902 (32 Stat. 695.) Publication, by court of land registration, of notices of registration of public lands. Sec. 3, Act No. 627, Philippine Commission, Feb. 9, 1903, as amended by sec. 1, Act No. 806, Philippine Commission, July 24, 1903. Railway line to Baguio, statutory regulations governing operation of same. Sec. 1, Act No. 1735, Philippine Commission, Oct. 2, 1907. Railway, telegraph, and telephone lines, statutory regulations governing con- struction and operation of, in islands of Panay, Negros, and Cebu. Sees. 1 and 15, Act. No. 1497, Philippine Commission, May 28, 1906. Railways in Island of Luzon, statutory regulations governing operation of same. Sec. 1, Act No. 1510, Philippine Commission, July 7, 1906. Restrictive provisions of law not to apply to foreign vessels plying between Philippines and United States. Sec. 3, Act of Apr. 29, 1908 (35 Stat. 70). Revised Statutes of United States, sees. 1014, 5270-5279, to apply, so far as appli- cable, to Philippine Islands. Sees. 1 and 2, act of Feb. 9, 1903 (32 Stat. 605); sees. 1 and 2, act of Feb. 6, 1905 (33 Stat. 698). Road tax to be imposed on all males, with certain exceptions, between 18 and 60 years of age. Sec. 19, Act No. 1396, Philippine Commission, Sept. 14, 1905. Salary of Army or Navy officer detailed to perform the duties of any office under Insular Government. Sec. 39, Act No. 1407, Philippine Commission, Oct. 26, 1905. Saline lands, disposition of. Sec. 9, act of Feb. 6, 1905 (33 Stat. 697). Sec. 1014, Revised Statutes, to apply, so far as practicable, throughout the Phil- ippine Islands. Sec. 1, act of Feb. 9, 1903 (32 Stat. 806). Sees. 5270, 5271, 5272, 5273, 5274, 5275, 5276, and 5277, Revised Statutes, so far as applicable, to apply to Philippine Islands. Sees. 1 and 2, act of Feb. 6, 1905 (33 Stat. 698). Sees. 5278 and 5279, Revised Statutes, to apply, so far as practicable, to the Phil- ippine Islands. Sec. 2, act of Feb. 9, 1903 (32 Stat. 807). Secretary of commerce and police to invite proposals and make contracts for carrying mails and Government freight and passengers in coastwise trade. Sec. 1, Act No. 1310, Philippine Commission, Mar. 23, 1905. Special transportation to be furnished Insular Government by Manila Railway Co. at extra compensation. Sec. 14, Act No. 554, Philippine Commission, Dec. 8, 1902. Special transportation to be furnished Insular Government by steam tramway contractor at extra compensation. Sec. 16, Act No. 1448, Philippine Commis- sion, Feb. 1,1 906. Statutory provisions governing appointments to all positions and employments in Philippine Civil Service. Sec. 1, Act No. 1698, Philippine Commission, Aug. 26, 1907. The President, during period of armed resistance to United States forces, to continue to regulate and control commercial intercourse of Philippine Islands. Sec. 3, act of July 1, 1902 (32 Stat. 692.) 692 TABLE OF RELATED STATUTES. Philippine Islands Continued. Toll roads and bridges, rates fixed to be subject to approval of Governor General; officers, enlisted men, and civil employees of Army, Navy, and Marine Corps to be exempt from payment of tolls. Sec. 1, Act No. 1617, Philippine Com- mission, Mar. 20, 1907. Tonnage taxes to be levied upon all foreign vessels entering United States from Philippine Islands. Sec. 2, act of Apr. 29, 1908 (35 Stat. 70). Transportation of bodies by military authorities. Par. 289, Revised Ordinances of City of Manila, 1908. Police: Civil, may be called upon to arrest trespassers, etc., upon Presidio of San Francisco. Act of June 4, 1888 (25 Stat. 167). Poll tax, Philippine Islands, male persons subject to. See Philippine Islands. Porto Rico: "Person, " as used in act, how construed. Sec. 2, act of June 11, 1906 (34 Stat 234). Restrictions upon powers granted by act to Secretary of War. Sec. 3, act of June 11, 1906 (34 Stat. 235). Secretary of War is authorized to grant permits for construction of works in navi- gable waters in or surrounding Porto Rico. Sec. 1, act of June 11, 1906 (34 Stat. 234). Postmasters, oaths, may administer for pension purposes. See Pensions. Post traders: Vacancies not to be filled. Act of Jan. 28, 1893 (27 Stat. 426). Potomac Park, District of Columbia: Made part of park system. See Corps of Engineers. Restrictions on lagoons or speedways in. See Corps of Engineers. Playground for children, regulations for control of, etc. See Corps of Engineers. President: Authorized to employ all persons in land and naval service in connection with Coast and Geodetic Survey work. See Army. Philippine Islands, during armed resistance to regulate commercial intercourse with. See Philippine Islands. Powers conferred on, may be exercised through Isthmian Canal Commission. See Isthmian Canal Commission. Presidio of San Francisco Military Reservation: Construction of building on for Government exhibit and use of building after close of exhibition. See Panama-Pacific International Exposition. Temporary cession of jurisdiction to State of California over portion used for ex- position purposes. See Panama-Pacific International Exposition. Prisoners, Federal: Deduction from sentences for good conduct. Sees. 5543, 5544, R. S., as amended by act of Mar. 3, 1875 (18 Stat. 479); act of Mar. 3, 1891 (26 Stat. 840). Super- seded by act of June 21, 1902 (32 Stat. 397), as amended by act of Apr. 27, 1906 (34 Stat. 149). Military prisoners, deductions from sentence for good conduct. Sees. 1, 2, 3, act of June 21, 1902 (32 Stat. 397). Parole of, June 25, 1910 (36 Stat. 819), as amended by act of Jan. 23, 1913 (37 Stat. 650). Procedure, Philippine Islands, for filing claims, etc., in court of land registration. See Philippine Islands. Printing and binding: Allotments from appropriation for, restrictions on expenditure of. Act of Aug. 1, 1914 (38 Stat. 673). Annual reports of heads of departments, etc., time for submitting copy to Public Printer, etc. Sec. 9, act of Aug. 1, 1914 (38 Stat. 680). TABLE OF RELATED STATUTES. 693 Printing and binding Continued. Employees in Government Printing Office not to be detailed in other executive branches of public service. Act of Aug. 1, 1914 (38 Stat. 673). Executive departments, certificate of necessity for printing and binding to be furnished. Act of Aug. 1, 1914 (38 Stat. 673). Expenditures from appropriations, apportionment of expenditures to work executed. Act of Aug. 1, 1914 (38 Stat. 673). Medical Bulletin, Army, for instruction to medical officers. Act of Aug. 1, 1914 (38 Stat. 673). Public buildings and grounds, employees, estimates and appropriations for, super- vision of, etc. See Corps of Engineers. Public buildings, Washington, D. C. See Commission of Fine Arts. Public buildings, use of water in, from Washington Aqueduct, etc. See Corps of Engineers. Public lands: Assertion of right to, without color of title. Sees. 1 and 4, act of Feb. 25, 1885 (23 Stat. 321). Canal Zone, leases of. See Panama Canal. Failure to extinguish fires. Sees. 2 and 3, act of May 5, 1900 (31 Stat. 169). Homesteads Additional entry, when. Sec. 2306, R. S. Entry, mode of procedure. Sec. 2290, R. S. Entry, who may make. Sec. 2289, R. S. Mode of procedure. Sec. 2290, R. S. Persons who have entered less than 160 acres. Sec. 2306, R. S. Rights of wife and minor children of persons entitled to. Sec. 2306, R. S. Who may enter. Sec. 2289, R. S. Widow and minor children of persons entitled to. Sec. 2307, R. S. Inclosures on. Sees. 1 and 4, act of Feb. 25, 1885 (23 Stat. 321). Preference to homestead settlers. Act of Feb. 15, 1895 (28 Stat. 664). Procedure for removal of unlawful inclosures. Sees. 2 and 6, act of Feb. 25, 1885 (23 Stat. 321). Removal of trespassers from. See Employment of Military Force. Remove and destroy unlawful inclosures of. See Employment of Military Force. Right of way for highways over. Sec. 2477, R. S. Seizure of timber cut on the public lands. Act of Apr. 30, 1878 (20 Stat. 46). Setting fires, etc. Sees. 1 and 3, act of May 5, 1900 (31 Stat. 169). Settlement on and transit over x not to be obstructed. Sees. 3 and 4, act of Feb. 25, 1885 (23 Stat. 321). Subject to preemption. Sec. 2257, R. S. Public Printer, time for heads of departments to submit copy of annual reports to. See Printing and Binding. Public property: Abandoned military reservations, disposition of. Act of Mar. 3, 1893 (27 Stat. 593). Army officers accountable for, to obtain certificates of nonindebtedness, etc., before final payment on discharge. Sec. 2, act of Jan. 12, 1899 (30 Stat. 784). Offenses on ceded districts not prohibited by Federal law, how punished. Act of July 7, 1898 (30 Stat, 717). Philippine Islands, destruction of on military reservations. See Philippine Islands. Transportation to or from expositions or fairs, etc. See Interstate Commerce. Unserviceable equipment, Panama Canal v may be sold without advertising. See Panama Canal. 694 TABLE OF BELATED STATUTES. Public utilities, Philippine Islands, regulations to be adopted in connection with franchises for. See Philippine Islands. Public works: Injury to. See Corps of Engineers. Navigable waters, unauthorized use of. See Corps of Engineers. Quarantine of live stock, transportation, notice to carriers. See Interstate Commerce. Quartermaster's Department, appointments in, from volunteers. Act of Mar. 2, 1901 (31 Stat. 900). Radio station, naval, Canal Zone. See Panama Canal. Railroads: Government in Alaska. Detail of Lieut. Frederick Mears to assist in location and construction of. Joint Res. No. 17, May 13, 1914 (38 Stat. 772). Preference to military traffic in time of war. Sec. 2, act of June 29, 1906 (34 Stat. 586). Railways, Philippine Islands, statutory regulations governing. See Philippine Islands. Red Cross: American, memorial monument to commemorate the women of the Civil War to be permanent headquarters of, and to be charged with and responsible for the care, keeping, and maintenance of the memorial and grounds, but the title to the site and building to be in United States. Act of Oct. 22, 1913 (38 Stat. 233). Detail of medical officer with. See Details of Army officers. Red Cross Association, incorporation of, etc. Act of June 6, 1900 (31 Stat. 277); act of Jan. 5, 1905 (33 Stat. 599). Reporters, courts-martial, employment of. See Military tribunals. Reservations, Indian, removal of persons from. See Indians. Retired Army officers assigned to active duty as members of Alaska Board of Road Commissioners. See Alaska. Revenues, Canal Zone, distribution of. See Panama Canal. Revised Statutes of United States, certain sections to apply, so far as applicable to Philippine Islands. See Philippine Islands. River and harbor improvements, condemnation and purchase of lands for. See Corps of Engineers. River and harbor works, estimates, reports, surveys, etc., for. See Corps of Engineers. Rivers and harbors: Consolidated items of river and harbor work, with aggregate amount appropriated therefor, allotments to respective works, and disposition of balances remaining to credit of separate works or items, etc. Sec. 3, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Donation of funds to be expended with public funds for improvement of rivers and harbors, Secretary of War authorized to receive from private parties. Sec. 4, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Establish anchorage grounds in all harbors, rivers, bays, and other navigable waters, Secretary of War authorized to define and. Sec. 7, act of Mar. 4, 1915 (Pub. No. 291, 3.8 Stat. ). Funds contributed in excess of actual cost of work may be returned to represent- atives of contributing interests upon approval of Secretary of War, etc. Sec. 4, act of Mar. 4, 1915 (38 Stat. ). Rules and regulations governing, to be enforced by Chief of Engineers at ports or places where no revenue cutter is available, etc. Sec. 7, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Secretary of War authorized to appoint a board of three officers from the Corps of Engineers to examine and appraise the value of the work and franchises of the East Canal Co. from the St. Johns River to Key West, Fla., with reference to its purchase by the Government and the construction of a free and open water- way, etc. Sec. 15, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). TABLE OF BELATED STATUTES. 695 Road Commissioners, Board of, Alaska. See Alaska. Roads, public lands, right of way for highways over. See Public lands. Road tax, Philippine Islands, male persons on which imposed. See Philippine Islands. St. Johns River, Fla. Secretary of War authorized to appoint a board of three officers from the Corps of -Engineers to examine and appraise the value of the work and fran- chises of the East Coast Canal from the river to Key West, with reference to its pur- chase by the Government and the construction of a free and open waterway, etc. Sec. 15, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Salem, Mass., relief of fire sufferers at, expenditures under Secretary of War. Sec. 13, act of Aug. 1, 1914 (38 Stat. 681). Sales, Canal Zone, construction material, etc., disposition of proceeds of. See Panama Canal. Saline lands, Philippine Islands, disposition of. See Philippine Islands. San Francisco, sale by city and county of, to War Department of water supply required for the military reservations in or near the city, supplied from reservoirs in Hetch Hetchy Valley, Yosemite National ParJc, on certain conditions, etc. Par. (u), sec. 9, act of Dec. 19, 1913 (38 Stat. 250). Schools, Indian: Detail of Army officers in connection with normal and industrial training. See Details of Army officers. Use of vacant military posts and barracks for normal and industrial training. See Details of Army officers. Secretary of war: Accept donation of funds to be expended with public funds for improvement of rivers and harbors. See Rivers and harbors. Approve, as member of commission, site and plans for the memorial monument to commemorate the women of the Civil War, and to supervise expenditures. Act of Oct. 22, 1913 (38 Stat. 233). Authorized to appoint a board of three officers from Corps of Engineers to examine and appraise the value of the work and franchises of the East Canal Co., from the St. Johns River to Key West, Fla., with reference to its purchase by the Government and the construction of a free and open waterway, etc. Sec. 15, act of Mar. 4, 1915 (Pub. No. 291, 38 Stat. ). Establish and define anchorage grounds in all harbors, rivers, bays, and other navigable waters. See Rivers and harbors. Expenditures for relief of fire sufferers at Salem, Mass., to be made under. See Salem, Mass. Funds contributed in excess of actual cost of work may be returned to represent- atives of contributing interests on approval of. See Rivers and harbors. Loan ensigns, flags, etc., for purpose of decorating streets during forty-ninth encampment of the Grand Army of the Republic. See Grand Army of the Republic. Loan hospital tents, ambulances, horses, drivers, etc., for caring for the sick, injured, and infirm during the encampment. See Grand Army of the Republic. Permits for construction of works in navigable waters of Porto Rico. See Porto Rico. Permits to use reservations and other public spaces in city of Washington during encampment. See Grand Army of the Republic. Sequoia National Park: See also National parks. Removal of trespassers, etc., from. See Employment of military force. Shiloh National Military Park. See National military parks. Small arms, authorization for sale of rifles and ordnance to Cuba. See Cuba. 696 TABLE OF RELATED STATUTES. Soldiers' home: Medical Department of Army authorized to sell medical and hospital supplies to, at contract price. Sec. 1, act of June 4, 1897 (30 Stat. 54). See also National Home for Disabled Volunteer Soldiers. National Home for Disabled Volunteers Inspection of. See Inspector General's Department. National sanitarium at Hot Springs, S. Dak., in connection with. See Medi- cal Department. State and Territorial homes to be paid for care of disabled soldiers and sailors. See National Homes for Disabled Volunteer Soldiers. Southern Pacific Railroad, post route and military road. See Transportation. South Pass, Mississippi River, location and extent, regulations for, etc. See Corps of Engineers. Spanish-American War, replacing ordnance and ordnance stores carried into. See Militia. Speedways, Potomac Park, District of Columbia, restrictions on. See Corps of Engineers. Spies, punishment of by courts- martial. See Military tribunals. State or Territorial homes for disabled soldiers and sailors: Collections from inmates for support of. See Medical Department. Loss of appropriation where permit sale of intoxicating liquors. See Medical Department. State and Territorial homes, to be paid for care of disabled soldiers and sailors. See National Homes for Disabled Volunteer Soldiers. Statutes at Large, Little & Brown's edition of, to be competent as evidence. See Military tribunals. Suarez, Sefior Eduardo, thanks of Congress and gold medal presented to for services as mediator between United States and warring parties in Mexico. See Medals. Subsistence: Allowance of, for Army officers detailed with Coast and Geodetic Survey. See Details of Army officers. Allowance to persons traveling on official business outside District of Columbia. See District of Columbia. Subsistence department, appointments in, from volunteers. Act of Mar. 2, 1901 (31 Stat. 900). Surgeon General's Office, Library of, binding and location. See Medical Department. Telegraph lines, Philippine Islands, statutory regulations governing. See Philippine Islands. Telephone lines, Philippine Islands, statutory regulations governing. See Philippine Islands. Tents, hospital; Secretary of War authorized to loan ambulances, horses, drivers, etc., and for caring for the sick, injured, and infirm, during the forty-ninth encampment of the G. A. R. See Grand Army of the Republic. Thanks of Congress, gold medal and presented to Seiiors Domicio da Gama, Romulo S. Naon, and Eduardo Suarez for services as mediators between United States and warring parties in Mexico. See Medals. Timber: Cut on public lands, seizure of. See Public lands. Cutting and felling on public lands. See Employment of military force. Dead and fallen and depredations on Indian reservations. See Indians. Philippine Islands, cutting or destroying, standing on reservations. See Philip- pine Islands. Tolls, Panama Canal, exemption of coastwise vessels repealed. See Panama Canal. TABLE OF RELATED STATUTES. 697 Toll roads and bridges, Philippine Islands, Governor General to approve rates. See Philippine Islands. Tonnage tax, Philippine Islands, levied on foreign vessels entering United States from. See Philippine Islands. Torpedoes, mines, etc., for harbor defenses, injuries to. See Corps of Engineers. Traders, post, vacancies in position of not to be filled. See Post traders. Transportation: Atlantic and Pacific Railroad to be post route and military road. Sec. 11, act of July 27, 1866 (14 Stat. 297). Explosives for military service. See Interstate commerce. Northern Pacific Railroad to be post route and military road. Sec. 11, act of July 2, 1864 (13 Stat. 370). Public property to or from fairs or expositions, etc. See Interstate commerce. Quarantine of live stock, notice to carriers. See Interstate commerce. Southern Pacific Railroad to be post route and military road. Sec. 18, act of July 27, 1866 (14 Stat. 299). Union and Central Pacific Railroad to be post route and military road. Sec. 6, act of July 11, 1862 (12 Stat. 493). Treason against United States, penalties for. Sees. 1, 2, 3, 4, 5, 6, 7, and 8, act of Mar. 4, 1909 (35 Stat. 1088). Trespassers: On General Grant National Park, Sequoia National Park, and Yosemite National Park, removal of. See Employment of military force. On public lands, removal of. See Employment of military force. Trespassing, national parks, penalty for hunting and shooting on. See National parks. Troops, hereafter women not allowed to accompany as laundresses. See Army. Typewriting machines, restrictions as to price to be paid by Government for. Sec. 11, act of Aug. 1, 1914 (38 Stat. 680). Union and Central Pacific Railroad, post route and military road. See Transportation. Vacancies, membership of Board of Managers of National Home for Disabled Volun- teer Soldiers not to be filled until such board is reduced to five, etc. See National Home for Disabled Volunteer Soldiers. Vicksburg National Military Park. See National military parks. Volunteers: Appointment from, in staff departments. Act of Mar. 2, 1901 (31 Stat. 900). Army officers accountable for public property to secure certificates of nonindebt- edness before discharge. See Public property. Volunteer homes, disabled volunteer soldiers: Inspection of. See Inspector General's Department. National Sanitarium at Hot Springs, S. Dak., in connection with. See Medical Department. War Department, sale by city and county of San Francisco of water supply required for military reservations in or near the city of San Francisco, supplied from reservoirs in Hetch Hetchy Valley, Yosemite National Park, on certain conditions. Par. (u), sec. 9, act of Dec. 19, 1913 (38 Stat. 250). War: European, relief, protection, and transportation of American citizens in Europe, made necessary by. See Europe. Preference to military traffic in time of. Sec. 2, act of June 29, ] 906 (34 Stat. 586.) Washington Aqueduct, custody of, regulations for, etc. See Corps of Engineers. Washington Monument, care and maintenance of, etc. See Corps of Engineers. Washington memorial building. See Commission of Fine Arts. Water power, Muskingum River, Ohio, relief for lessees of, whose property was de- stroyed by Ohio Valley flood of March, 1913. See Corps of Engineers. 698 TABLE OF RELATED STATUTES. Water supply, sale of, to War Department by city and county of San Francisco from reservoirs of Hetch Hetchy Valley, Yosemite National Park, required for military reservations in or nsar the city of San Francisco on certain conditions, etc. Par. (u) sec. 9, Act of Dec. 19, 1913 (38 Stat.,250). Water, Washington Aqueduct, use of water in, etc. See Corps of Engineers. Waterways Commission, International, Secretary of War authorized to pay expenses of. Sec. 4, act of June 13, 1902 (32 Stat. 373). White House, furniture for and inventory of property in. See Corps of Engineers. White man marrying Indian woman not to acquire tribal rights. See Indians. Widows of colored and Indian soldiers. See Pensions. Witnesses: Civilian, Philippine Islands, fees to. See Philippine Islands. Courts-martial, attendance of, refusal to testify. See Military tribunals. Women, hereafter not allowed to accompany troops as laundresses. See Army. Women of the Civil War, memorial monument to commemorate. Contributions by the Government for site and building; commission to approve site and plans and to supervise expenditures; Commission of Fine Arts also to approve plans; memorial to be permanent headquarters of American Red Cross; and American Red Cross to be charged with and responsible for care, keeping, and maintenance of memorial and grounds, but title to site and building to be in the United States. Act of Oct. 22, 1913 (38 Stat. 233). Wrecks, obstructions to navigation, removal of. See Corps of Engineers. Yellowstone National Park. See National parks. Yosemite National Park. See National parks. Removal of trespassers, etc., from. See Employment of military force. Sale to War Department by city and county of San Francisco of water supply required for military reservations in or near the city of San Francisco on certain conditions, etc., being waters from reservoirs of Hetch Hetchy Valley within. Par. (u), sec. 9, act of Dec. 19, 1913 (38 Stat. 250). INDEX. [References are to paragraphs unless pages are indicated. Articles of War are indicated by their numbers the letters A. W. following the number of the article.) ABANDONED PROPERTY: During insurrections. See Insurrection. ABSENCE: For absence of a particular official, see the official. Employees of executive departments. See Execu- tive departments. Enlisted men. See Enlisted men Absence. Leaves of. See Leaves of absence. * Officers. See Officers, Army Absence. ACADEMIC BOARD. Military Academy. See Military Academy. ACADEMIC STAFF: Military Academy. See Military Academy. ACCIDENTS: Aviators, payment to beneficiary, 889n. Laborers, etc. See Laborers. ACCOUNTANTS: Restriction upon payments to, 81a. ACCOUNTING OFFICERS. See also Public moneys. Audit particular account, 201. Bonds of, sureties on, when released, 398. Court of Claims decree binding on, 280. Decisions of, revised, 209. Disbursing officers' books, 124. Discharge certificate returned by, 214. Fraudulent claims, 287. Property lost in military service, 217. Rejected nominations reported to, 11. Report of claims allowed, 216. Set-off; enforcing, 239. Stoppages; empowered to remove, 641. Volunteers, claims of, 218. Warrants, 237. ACCOUNTING OF PUBLIC MONEY: For accounts of a 'particular office or officer, see the specific title. See also Public moneys. AUDITORS. See A uditors. CLAIMS. See Claims. COMPTROLLER OP THE TREASURY. See Comp- troller of the Treasury. DEFICIENCIES Notice to surety on bond, 397. EXAMINATION OF ACCOUNTS Administrative, regulations for, 197. Administrative, under Dockery Act, 198. In District of Columbia, 212. of Officers in District of Columbia, 212. Reexamination of settled accounts, 211. FISCAL YEAR, 195. FORM OF ACCOUNTS Entry for each item, 409. False entry by officer, etc., penalty, 171. of Unexpended balances reappropriated, 191a. ACCOUNTING OF PUBLIC MONEY Cont'd. PRESERVATION OF ACCOUNTS Auditor's accounts to be preserved, 210. Regulations by Secretary of Treasury, 208. RENDERING OF ACCOUNTS Deficiencies, immediate report, 397. Delinquent, annual report of, 199. Failure to render, penalty, 421. Fiscal year observed in publishing, 195. Form prescribed by Comptroller, 200. Tune regulated, penalty for delay, 196. REVISION OF ACCOUNTS Limitation of one year, 207. Payment accepted, precludes right to, 208. Suspended accounts, revision after settlement, 208. SETTLEMENT OF ACCOUNTS Comptroller's construction of statutes, 209. Comptroller's decision to govern, 202. Comptroller may at any time order, 201. Conclusive on acceptance of payments, 208 Contracts relating to, deposit of, 1216. Deficiencies, immediate report of, 397. Disallowed, not reopened, 211. of Line Officers, 213. Place of settlement, 215. Procedure to secure, 294. Suit to recover balance due, 203. Suspension by Secretary of Treasury, 207. WARRANTS, 237. ACCOUNTS. See also Accounting of public money. Clothing, oaths to, 153. Company commander's, 1260. of Deceased officers and men, 1059, 1060. of Disbursing officers. See Disbursing officers. of Panama Canal, examination, 200a. Report of, 183. of Soldiers' Home. See Soldiers' home. for Supplies or services, 1189. Travel, oaths to, 65. ACCRUED RIGHTS: Revision of statutes not to affect, 315. ACKNOWLEDGMENTS. See also Oaths. Before whom may be taken, 63. ACTING COMMISSARIES. See Commissaries ACTING COOKS: Hospital Corps. See Hospital Corps. ACTING DENTAL SURGEONS. See also Den- tal Surgeons. Appointment, pay, etc., 750. Commutation of quarters, 668a, 668b. Longevity pay, 751. 700 INDEX. ACTING HOSPITAL STEWARDS. See Hos- pital stewards. ACTING JUDGE ADVOCATES. See Judge Advocates. ACTIVE DUTY: of Medical Reserve officers. See Medical Reserve Corps. of Retired officers. See Retirement, Army. ACTIVE LIST: Transfer to. See Retirement, Army. ADDING MACHINES: Exchange by departments authorized, 75a. Exchange by Signal Corps, 883a. ADDITIONAL PAYMASTERS. See Paymas- ters, A rmy. ADJUTANT: Horses allowed, 554. ADJUTANT GENERAL. See also Adjutant General's Department. Authorization, 431. Control of disciplinary barracks vested in, 477a. ADJUTANT GENERAL, MILITIA. See also Militia. of District of Columbia, 959, 1373, 1374. of States and Territories, 1335. ADJUTANT GENERAL'S DEPARTMENT. See also Military Secretary's Department. Adjutant General. See Adjutant General. Appropriations, 435. Assistant Adjutants General, 437. Certificates of service issued, 458. Composition, 431. Consolidated, 434. Creation, 436. Details to, 936. Organization, 431. Promotions, 431. Record and Pension Office. See Record and Pen- sion Office. Vacancies filled by details, 936. Vacancies filled by promotion, 431. ADJUTANT, MILITARY ACADEMY. See Military Academy. ADMINISTRATIVE EXAMINATION OF AC- COUNTS. See A ccounting of public money. ADMINISTRATORS: Failure to recognize priority of United States, 222. ADMIRALS, NAVY: Relative rank with officers of Army, 352. ADVANCES OF PAY. See Pay of Army. ADVANCES OF PUBLIC MONEY. See Public moneys. ADVERTISING: For a particular article or in a particular office, see the specific title. Army supplies. See Supplies, Army. by Executive departments. See Executive de- partments. Hospital stewards' quarters, 550, 762. Printing, Quartermaster's Department, 1236. Purchases for Soldiers' Home, 1512. for Quartermaster's supplies, 1205, 1236. for Transportation of Army, 538. AFFIDAVIT. See also Oaths. To accompany copy of contract, 1212. AGE LIMIT: of Chaplains. See Chaplains. of Citizens subject to military duty, 327. AGENTS: of Corporations and United States, 1250. Employment, restrictions, 27. Exchange of funds by, 401. Fictitious entries by, penalty, 171. Indian. See Indian agents. Special; bond, 248. of Surety companies, 390. AIDS: to General officers, 351. to General staff officers, 369. ALASKA: Assignment of pay accounts of officers in, 740. Cable lines in, foreign owned, 897. Discrimination against uniform, 1010. Estimates for extension of cable lines in, 899. Military telegraph lines in, 897, 899. Posse comitatus, use of Army as, 1477. Road commi-sioners in, commutation, 669. Service in, counting toward retirement, 1041. Traveling expenses, officers in, 681. ALCOHOLIC DRINKS. See also Intoxicating liquors. Study of, in Military Academy, 1161. ALIEN LABOR: in Canal Zone, 1225, 1226. ALIENS: Enlistment in Army, 1029. Naturalization of. See Naturalization. ALLOTMENTS: of Contingent funds, 188. of Pay of enlisted men, 711, 712. ALLOWANCES TO OFFICERS. See Pay of Army. AMBULANCE COMPANIES. See also Hospital Corps. Organization, 768. AMERICAN ARTICLES. See American mate- rial. AMERICAN COUNTRIES: Sale of arms and munitions of war to, 1475. AMERICAN DESIGNERS: Sale of ordnance to, 846. AMERICAN MATERIAL: Preference to be given in contracts, 1205, 1234. AMERICAN NATIONAL RED CROSS: Loan of sanitary equipment to, 775b, 775c. Sale of medical supplies to, 775a. Sale of ordnance to, 844. AMERICAN SOCIETY OF CIVIL ENGI- NEERS: Reports of tests of iron and steel to, 869. AMMUNITION. See also Ordnance. Appropriations for, 831. Contracts, 8-hour law to be observed, 1231. Exchange of, with militia. See Militia. Issue to colleges and State institutions, 955. Issue to executive departments, 847. Issue to militia. See Militia. Obtaining from soldier, penalty, 220. Sale of, to rifle clubs, 1368. AMOUNT APPROPRIATED: How to determine, 411. ANNUAL LEAVE. See also Leaves of absence. of Employees of arsenals, 857. of Employees of executive departments, 50, 51. Holidays not to be counted in computing, 52. INDEX. 701 ANTIETAM BATTLEFIELD: Superintendent of, 1299. ANTITOXINS, BOARD ON: Surgeon General member of, 780. APPEAL: to Supreme Court. See Supreme Court of the United States. APPOINTMENTS: To a particular office, or in a particular branch of the service, see the specific title. of Chaplains. See Chaplains. in Civil service. See Civil service. of Officers. See Officers, A rmy. Presidential; notice to Treasury, 10. Recess, power to make, 8. Recess, salary of appointees, 168. of Second lieutenants. See Officers, A rmy. in Staff departments. See Staff departments. Temporary, restrictions on, 16, 17. APPROPRIATIONS: For a particular office or service, see the specific title. t See also Public moneys. Amount of, how determined, 411. Applied solely to objects for which made, 187. Balances to be applied only to year of, 193. Contingent funds. See Contingent funds. Contracts, relation to. See Contracts. Disbursement. See Disbursement of public money. Disposition of balances after two years, 191, 192. Estimates for. See Estimates. Fiscal year in, 195. Lump sum. See Lump-sum appropriations. Payment of additional salaries from certain, pro- hibited, 35a. Permanent, how determined, 194. Reappropriation of unexpended balances, 191a. Treasury drawn upon only in accordance with, 186. Unexpended balances, use as new, 191a. ARCHAEOLOGY: of Ruins upon national lands, 1286, 1287. ARMAMENT. See also Ordnance. Sale of personal, for sentimental reasons, 845. ARMORIES AND ARSENALS. See also Ord- nance Department. Abolishment of useless, 856. Ammunition. See Ammunition. Annual account of expenses, 855. Annual leave of employees, 857. Appropriations, 861, 862. Anns. See Arms. Ajson of, penalty, 1316. Cannon. See Cannon. Compensation of employees of, 854. Composition of employees of, 853. Destruction of tools by employees, 858. Enticing employees away from, penalty, 859. Employees exempt from jury duty, 860. Examination of title to sites for, 258. Expenditures upon patentable inventions, 865. Expenses apportioned among years, 861. Laborers injured in employment. See Laborers. Obtaining, communicating etc., unlawful infor- mation concerning, penalty, 1317J-1317J. Reward to employees for suggestions, 864. Time-measuring devices not to be used, 864a Useless, to be abolished, 856. ARMS. See also Ordnance. Accountability. See Articles of War. Ammunition. See Ammunition. Deductions from pay for damage to, 690. Distribution to militia. See MiKtia. Embezzlement, punishment, 1264. Exchange with militia. See Militia. Obtaining unlawfully, 220. in Possession of unauthorized persons, 1262. Report of damages to, 836. Right to bear, 1319. Sale to rifle clubs, 1367, 1368. Sale by soldiers prohibited, 1262. Theft, punishment, 1264. ARMS AND MUNITIONS OF WAR: Exportation of, to American countries, 1475. ARMY: ADJUTANT GENERAL'S DEPARTMENT. See Adju- tant General's Department. AIDS. See Aids. APPOINTMENTS. Of a particular class of officers or in a particular department, see the specific title of Officers of line. See Officers, Army. A PPROPRIATIONS See particular office or service for which made. Available for purchase of reserve supplies, 616a, ARTILLERY. See Artillery. BANDS of a particular arm of the service, see the specific title. Additional compensation prohibited, 701. Pay of enlisted men, 701. CAVALRY. See Cavalry. COAST ARTILLERY. See Artillery. COLORS CAPTURED, COLLECTED, 149. COMMANDER IN CHIEF. See also President of the United States. President designated as, 2. COMMISSARY GENERAL. See Commissary Gen- eral. COMPOSITION IN TIME OF WAR, 328. CORPS OF ENGINEERS. See Engineers, Corps of. DISBURSING OFFICERS. See Disbursing officers, Army. DISEASES IN. See Contagious diseases. ENLISTED MEN. See Enlisted men ENLISTMENT IN. See Enlistment. FIELD ARTILLERY. See Artillery. GENERAL STAFF CORPS. See General Staff Corps. INDIAN SCOUTS. See Indian scouts. INFANTRY. See Infantry. JUDGE ADVOCATE GENERAL'S DEPARTMENT. See Judge Advocate General's Department. MEDICAL DEPARTMENT. See Medical Depart- ment. MILITARY SECRETARY'S DEPARTMENT. See Mili- tary Secretary's Department. MILITIA. See Militia. NATIVE ORGANIZATIONS. See Native organiza- tions. NONCOMMISSIONED OFFICERS. See Noncommis- sjoned officers. OFFICERS. See Officers, Army. ORDNANCE DEPARTMENT See Ordnance Depart- ment. 702 INDEX. ARMY-ontinued. ORGANIZATION IN TIME OP WAR, 357 PAY. See Pay of Army. PAY DEPARTMENT. See Pay Department. PAYMASTER GENERAL. See Paymaster General. PAYMASTER'S CLERKS. See Pay Department PHILIPPINE SCOUTS. See Philippine Scouts. PORTO Rico REGIMENT. See Porto Rico Regi- ment. POSSE COMFTATUS, USE OF ARMY AS in Alaska, allowed, 1477. Prohibited, 1480. QUARTERMASTER CORPS. See Quartermaster Corps. QUARTERMASTER GENERAL. See Quartermaster General. RATIONS. See Rations, Army. REENLISTMENT. See Enlistment. REGISTER. See Army Register. REGULAR ARMY. See Regular Army. REGULATIONS. See Army Regulations. RELATIVE RANK. See Rank, Army. RESERVE. See Army Reserve. RETIREMENT. See Retirement, Army. SIGNAL CORPS See Signal Corps. STAFF DEPARTMENTS. See Staff Departments. STRENGTH Enlisted, of line, 332. during Exigencies, 333. SUBSISTENCE DEPARTMENT. See Subsistence De- partment. SUPPLIES. See Supplies, Army. SURGEON GENERAL. See Surgeon General. SURGEONS. See Surgeons, Army. TACTICAL ORGANIZATIONS OF, 356. in TIME OF WAR Composition, 328. Organization, 357. Strength, 333. TRANSPORTS. See Transports, Army. UNIFORM. See Uniform, Army. VETERINARIANS. See Veterinarians. VOLUNTEER. See Volunteer Army. ARMY AND NAVY UNION: Badges of, etc., 1021, 1022. ARMY CORPS: Composition, 357. Composition of staff, 358. When authorized, 357. ARMY FIELD ENGINEER SCHOOL: Purpose, 1183. ARMY REGISTER: Enlisted and volunteer service noted, 326. Lineal rank separately for each arm, 326. Retired officers included, 988. Schedule of pay and emoluments, 325. Volunteers serving in Civil War entered, 1007. Wholly retired officers not included, 982. ARMY REGULATIONS: Promulgated by President, 324. Volunteer forces subject to, 1385. ARMY RESERVE: Organization and regulations, 1031. ARMY SCHOOL FOR BAKERS AND COOKS: Prizes for graduates, 1188. ARMY SCHOOL OF THE LINE: Purpose, 1183. ARMY SERVICE MEN: at Military Academy, 1168, 1169. ARMY SIGNAL SCHOOL: Purpose, 1183. ARMY SUPPLIES. See Supplies, Army. ARMY TRANSPORTS. See Transports, Army. ARMY WAR COLLEGE: Establishment and scope, 1182. ARREARS TO UNITED STATES: Compensation not paid to one in, 693. ARRESTS. See also Articles of War. of Deserters. See Desertion. of Enlisted men, for debt, 1067. in Indian country. See Indian country. ARSENALS. See Armories and Arsenals. ARSON: of Military posts, etc., 1316. ARTICLES OF WAR (pp. 577-616): Absence from parade, etc., 33 A. W. Absence without leave, 32 A. W. Accountability for arms, etc., 10 A. W. Accouterments, losing, spoiling, etc., 17 A. W. Accused, arraignment, 89 A. W. Counsel, 90 A. W. Copy of charges, 71 A. W. Entitled to copy of record, 114 A. W. Accuser or witness for prosecution not to be mem- ber, p. 615. Affirmation, 92 A. W. Alarms, false, 41 A. W. Allowing duels, 27 A. W. Ammunition, wasting, 16 A. W. Application to Marine Corps, 305. Approval of sentences, 104-109, 111 A. W. Arrest of officers, 65 A. W. Duration of, 70, 71 A. W. Release, 70, 71 A. W. Behavior of members, 87 A. W. Branding, etc., 98 A. W. Camp, retainers to, 63 A. W. CHALLENGES to Duels, 26 A. W. to Members, 88 A. W. Charges, copy to be furnished accused, 71 A. W. Civil authority, delivery of offender to, 59 A. W. Command, when different corps join, 122 A. W. Commanders not to be interested in sale of vict- uals, etc., 18 A. W. Commanding officer, disrespect to, 20 A. W. Conduct prejudicial to good order, etc., 62 A. W. Conduct unbecoming an officer and gentleman, 61 A. W. Confinement of enlisted men, 66-70 A. W. Confirmation of sentences, 104-109, 111 A. W. Congress, disrespectful words concerning, 19 A. W. Contempts of court, 86 A. W. Contemptuous words, 19 A. W. Continuances, 93 A. W. COURTS OF INQUIRY, 116-121 A. W. Authentication of proceedings, 120 A. W. Composition, 116 A. W. Constitution, 115 A. W. Evidence, proceedings as, 121 A. W Oaths of members and recorder, 117 A. W. Opinion, when furnished, 119 A. W. Record as evidence, 121 A. W. Witnesses, 119 A. W. INDEX. 703 ARTICLES OF WAR Continued. Cowardice, 42 A. W. Crimes during war, insurrection, etc., 58 A. W. Damages to stores, 15 A. W. Death sentences, 47, 96, 105, 111 A. W. Deceased officer, effects, 125, 127 A. W. Deceased soldier, effects, 126, 127 A. W. Delivery of offender to civil authority, 59 A. W. Depositions, 91 A. W. DESERTION, 47-51 A. W. Advising, 51 A. W. Limitation in, 103 A. W. Penalty, 47, 48 A. W. Resignation, 49 A. W. Destruction of property, 55 A. W. Discharges, 4 A. W. DISCIPLINE Conduct prejudicial to, 62 A. W. Maintenance of, on march and in quarters, 54-56 A. W. Dismissal of officer, 99, 106, 107, 111 A. W. Disrespectful words, 19, 20 A. W. Disrespect to commanding officer, 20 A. W. Divine service, misconduct at, 52 A. W. Drunkenness on duty, 38 A. W. Duels, 26-28 A. W. DUTY Drunkenness on, 38 A. W. Hiring, 36 A. W. Embezzlement, etc., 60 A. W Enacting clause, sec. 1342, R. S., p. 579. ENEMY Corresponding with, 46 A. W. Relieving, 45 A. W. Enlisting without discharge, 50 A. W. Enlistments unlawful, penalty, 3 A. W. False alarms, 41 A. W. False certificates, 13 A. W. False muster, 5, 14 A. W. False returns, 8 A. W. Flogging, 98 A. W. Fraud, embezzlement, etc., 60 A. W. Furlough, 11 A. W. GENERAL COURTS-MARTIAL, p. 614-616. Approval of sentences, 104-108 A. W. Behavior of members, 87 A. W. Challenges, 88 A. W Composition, 76-79 A. W. Confinement in penitentiary, 97 A. W. Constitution, p. 614. Continuances, 93 A. W. Depositions, 91 A. W. Dismissal oi officers, 99, 105, 106, 111 A. W. Execution of sentences, 104-109, 111,112A.W General officers, sentences respecting, 108 A. W. Inferior in rank, 79 A. W. Judge advocates, 74, 84, 90 A . W. Limits of punishment, p. 614. Number of officers, p. 614. Oaths, 84, 85 A. W. Order of voting, 95 A. W. Pardon and mitigation, 112 A. W. Proceedings, final disposition, 113 A. W. Suspension of officers' pay, 101 A. W. Voting, 95 A. W. General officers, sentences respecting, 108 A. W Good order on march, etc., 54 A. W. Gratification or reward for muster, 6 A. W. ARTICLES OF WAR Continued. Hiring duty, 36 A. W. Horses, losing, spoiling, etc., 17 A. V. Judge advocates, 74, 84, 85, 90, 92, 113 A. W. LIMITATION OF PROSECUTION in Desertion, 103 A. W. in General, 103 A. W. Limits of punishment, p. 614. Marines, when subject to, 305. Marking, tattooing, etc., 98 A. W. Members of courts-martial, 76-7^ A. W. Military discipline, conduct prejudicial to, 62 A. W. Militia subject to, 1342; 62 A . W. Misbehavior before enemy, 42 A. W. Muster, false, 5, 14 A. W. Musters, 5, 6, 13, 14 A. W. Mutiny, 22, 33 A. W. Neglect of duty, 62 A. W. Neglects, etc., prejudicial to military discipline, 62 A. W. Oath of enlistment, 2 A. W. OATHS, 2, 84, 85, 92 A. W. Enlistment, 2 A. W. Judge advocate, 85 A. W. Member, 84 A. W Witness, 92 A. W. Oaths profane, 53 A. W. Officer and gentleman, conduct unbecoming, 61 A. W. Officers to keep good order in commands, 54 A. W. Officers to subscribe to, 1 A. W. Officers, triable by general courts-martial only, 79 A. W. One mile from camp without leave, 34 A. W. Order to be kept in quarters and on the march, 54 and 55 A. W Pardon and mitigation, 112 A. W. PENITENTIARIES Confinement in, 97 A. W. Sentences to, 97 A. W. PERSONS SUBJECT TO Army of the United States, 1, 2, 64 A. W. Army paymasters' clerks, 630, 634. Convicts in military prisons, 493. Inmates Soldiers' Home, 1521. Marine Corps when serviBg with Army, 305. Marines serving with land forces, 78 A. W. Militia in actual service, 1342. Militia in time of war, 64 A. W. Persons serving with armies in field, 63 A. W. Regular Army, 1, 2 A. W. Retainers to camp, 63 A. W. Retired officers, 988. Soldiers' Home, inmates of, 1521. Soldiers sentenced to dishonorable discharge, p. 614. Volunteer forces, 1385. Volunteers, 64 A. W. Pleas, 89 A. W. President, contemptuous or disrespectful words concerning, 19 A. W. PRISONER Charges against, 66 A. W. Confinement of, 66-69 A. W. Escape of, 69 A. W. Receiving by provost-marshal, etc., 67 A. W. Release of, 69 A. W. Report of, 68 A. W. 704 INDEX. ARTICLES OF WAR Continued. Profane oaths, 53 A. W. PROPERTY Captured, 9 A. W. Returns, 10 A. W. PUBLICATION OF Articles of War, 128 A. W. Sentences, 100 A. W. Punishment, limits of, p. 614. Punishments prohibited, 98 A. W. Quarrels, frays,*etc., 24 A. W. Quarters, lying out of, 31 A. W. Quelling mutiny, 23 A. W. Quitting guard, 40 A. W. Rank of Regular and Volunteer officers, 122 A.W. Read, once in six months to regiments, etc., 128 A.W. Records of general courts-martial forwarded to Judge Advocate General, 113 A. W. Party entitled to copy, 114 A. W. Recruits, articles to be read to, 2 A. W. REDRESS OF WRONG Enlisted men, 30 A. W. Officers, 29 A. W. Regimental returns, 7 A. W. Relieving enemy, 45 A. W. Report of prisoners, 68 A. W. Reproachful speeches, 25 A. W. Retainers to camp, 63 A. W. Retreat, failing, to retire to camp at, 35 A. W. RETURNS False, 8 A. W. Regimental, 7 A. W. Safeguard, forcing of, 57 A. W. Second trial for same offense, 102 A. W. SENTENCES, 96-101, 104-107, 111, 112 A. W. Approval and confirmation, 104-109 A. W. Death, 47, 96, 111 A. W. Dismissal of officer, 99, 107, 111 A. W. Flogging, 98 A. W. General officers, 108 A. W. Limits of, p. 614. Pardon and mitigation, 112 A. W. Penitentiary, 97 A. W. Publication, 100 A. W. Suspension of, 111 A. W. Suspension of pay, etc., 101 A. W. Sleeping on post, 39 A. W. Soldiers' Home, 1521. SPECIAL COURTS-MARTIAL, p. 614-15. Appeal from, 30 A. W. Approval of proceedings, 104, 109 A. W. Behavior of members, 87 A. W. Composition, p. 614. Constitution, p. 614. Judge advocates, 74, 84, 85, 90 A. W. Jurisdiction, p. 615. Limits of punishment, p. 615. Oaths, 84, 85 A. W. Pardon and mitigation, 112 A. W. Redressing wrongs, 30 A. W. Sentences, p. 615. Spies, sec. 1343 R. S.; p. 614. Standing mute, 89 A. W. Stores captured, 9 A. W. Striking superior officer, 21 A. W. Surrender, compelling of, 43 A. W. ARTICLES OF WAR-Continued. Suspension of officers' pay, 101 A. W. Suspension of sentence, 111 A. W. Troops, Articles of War, to be read to, 128 A. W. Troops, subject to Articles of War, 64 A. W. Twice in jeopardy, 102 A. W. Victuals, sale of, commanding officers not to be interested in, 18 A. W. Violence to persons bringing in provisions, 55 A. W. Voting, order of, 95 A. W. Watchword, disclosure of, 44 A. W. WITNESSES Affirmation, 92 A. W. Oath, 92; 118 A. W. WRONGS, REDRESS OF, 29; 30 A. W. Officers, 29 A. W. Soldiers, 30 A. W. ARTIFICERS: Detail to organizations, 822. Pay, 697. ARTIFICIAL LIMBS: Furnished by Surgeon General, 782. ARTILLERY. See also Artillery Corps. Barracks and quarters, limit of cost, 547, 549. Chaplains, 902, 903. Chief of Artillery. See Chief of Artillery. COAST ARTILLERY Additional chaplains, 903. Bands, 1089. Barracks for, limit of cost, 549. Branch of Artillery Corps, 1082. Company organization, 1088. Composition and duties, 1087. to Constitute a corps, 1086. Maximum enlisted strength, 1088. Militia organizations. See Militia. Noncommissioned officers, 1086. Organization, 1086-1089. Pay of mechanics and chief mechanics, 697. Separation irom Field Artillery, 1084. Subscriptions may be paid in advance, 1083a. COMPOSITION, 1083. FIELD ARTILLERY Bands, 1090, 1094. Battery organization, 1091. Chaplains, 903. Composition and duties, 1082, 1093. Horseshoer, 703. Maximum enlisted strength, 1091. Mechanics, pay, 697, (i98. Noncommissioned officers, 1092. Regimental organization, 1090. Separation from Coast Artillery, 1084, 1085. Staff officers, detail of, 1090. Horses, restrictions upon purchase, 539, 540. Medical personnel of volunteer regiments, 1385. Militia, See Militia. OFFICERS Colonel detailed Chief of Artillery, 1082. Promotions on separation of coast and fleld,1084 Vacancies, after promotion due to reorganiza- tion, 1101-1103. Vacancies caused by reorganization, 1085 Quarters, limit of cost, 547, 549. Regiments discontinued, 1081. INDEX. 705 ARTILLERY Continued. VETERINARY SURGEONS Pay and allowances, 1078. Retirement, 1079. Volunteer regiments, medical personnel, 1385. ARTILLERY CORPS. See also A rtillery. Chief of Artillery. See Chief of A rtillery. Coast Artillery. See Artillery. Composition, 1082. Establishment and organization, 1081-1084. Officers. See Artillery Officers. ARTILLERY SCHOOL: Items of appropriation, 1185. ARTISANS. See also Laborers. Rate of pay, 562. ASSAY OFFICES: Depositaries of public funds, 181. Superintendent, assistant treasurer, 181. ASSIGNMENTS: of Claims before allowance, 240. of Commissioned officers, 935. of Contracts. See Contracts. of Pay accounts. See Pay accounts. of Pay, enlisted men. See Pay of enlisted men. ASSISTANT ADJUTANTS GENERAL. See also Adjutant General's Department. Duties, 437. ASSISTANT AND CHIEF CLERK, WAR DE- PARTMENT. See also War Department. Authorization, 144. May sign requisitions, etc., 145. ASSISTANT TO CHIEF OF BUREAU OF IN- SULAR AFFAIRS. See Insular Affairs, Bu- reau of. ASSISTANT INSTRUCTORS: at Military Academy. See Military Academy. ASSISTANT LIBRARIAN: Military Academy, pay, 1134. ASSISTANT IN ORDNANCE BUREAU: Principal, pay, 817. ASSISTANT PROFESSORS: Military Academy. See Military Academy. ASSISTANT SECRETARY OF WAR. See also Secretary of War. Appointment, pay, etc., 142. ASSISTANT TREASURERS OF THE UNITED STATES. See also Public moneys; see also Treasurer of the United States. Duties as fiscal agents, 185. Report of unchanged balances, 183. Station or location, 180. Superintendents of mints may be, 181. Terms of o:fice, 180. ASSOCIATE PROFESSORS: Military Academy. See Military Academy. ASSOCIATION DUES: Payment from public moneys, 81. ATTORNEY GENERAL, "see also Justice, De- partment of. COUNSEL in Examination of witnesses, 137, 264. to Represent United States in suits, 263 293. DUTIES. See also, this title, Opinions. in Condemnation proceedings 1276. INFORMATION TO BE FURNISHED BY DEPART- MENTS, 139. 48985 15 45 ATTORNEY GENERAL Continued. OPINIONS to Heads of departments, 262. to President, 261. Publication and distribution, 265. on Title to sites for forts, etc., 258. to War Department, 260. ATTORNEYS. See also Attorney General; se also Powers of attorney. Department heads not to employ, 138. Department of Justice to furnish, 263. Employes of United States as, restrictions, 430. Ex-employes as, prohibition, 140. ATTORNEYS' FEES: Deductions for, 219. AUDITOR FOR WAR DEPARTMENT. See also Auditors. Accounts of Soldiers' Home, 1509. Duties enumerated, 204, 205. AUDITORS. See also Auditor for War Depart- ment; see also Public moneys. Accounts to be preserved, 210. Audit particular account, 201. Certified balances to be final, 207. Contracts to be filed with, 1216. Duties enumerated, 204, 205. Requisitions for advance of money, 196, 237. to Superintend recovery of debts, 206. may Suspend accounts, 208. AUTOMATIC PISTOLS: Distribution to militia, 1370. AUTOMOBILES: Passenger-carrying, purchase restricted, 82a. AVIATION DUTY. See also Signal Corps Avi- ation section. Detached-service law does not cover, 384, 937. Details on, 889. AVIATION MECHANICIANS. See Signal Corps Aviation section. AVIATION SECTION. See Signal Corps. AWARD OF CONTRACT. See also Contracts. Army supplies, 1199. BADGES. See also Insignia. See also Medals of honor. of Army corps, who may wear, 1019. of Chinese relief expedition, 1024. of Military societies, who may wear, 1020. of Regular Army and Navy Union, 1021, 1022. of Spanish-American War societies, 1023. Wearing unlawfully, penalty, 1025. BAGGAGE: Lost in military service, 217, 217a. Reimbursement for excess, 526. BAKERIES. See Post bakeries. BALANCES: of Accounts. See Accounts. of Appropriations. See Appropriations. BANDS: Army. See Army. Cavalry. See Cavalry. Coast Artillery. See Artillery. Engineers. See Engineers, Corps of. Field Artillery. See Artillery. Infantry. See Infantry. Military Academy. See Military Academy. BANKERS: Unlawful receipt of public money, penalty, 427. 706 INDEX. BARRACKS. See also Quarters, Army. for Artillery. See Artillery. Erection, approval of Secretary of War, 546. Estimates for permanent, to be approved, 545. Fortification sites to embrace sites for, 803. in Philippines, report of expenditures, 548. for Seacoast Artillery, limit on cost, 549. BATTERIES. See Artillery. BEDDING FOR HORSES: Detached officers entitled, 559, 560. BENEFICIARIES: of Enlisted men, to be designated, 1061, 1062. Evidence to support claim, 68. Medical examination of, 70. of Officers, to be designated, 1061, 1062. Payments to, creditors' claims, 69. of Pensions, classes to receive, 1482. BIDDER. See also Contracts. to Accompany bid with guaranty, 1207. Notified of opening bids, 1208. BIDS. See also Contracts. Opening, regulations for, 1206. for Public works, 1209. for River and harbor improvements, 1210. BILL OF COMPLAINT: in Restraint of distress warrant, 234, 235. BLACKSMITHS: Detailed as horseshoers and farriers, pay, 703. Pay, 697-698. BLANKS: Public Printer to furnish, 112. BOARD: of Commissioners, Soldiers' Home. See Soldiers' Home. of Militia oflicers. See Militia. of Officers for investigation of frauds, 64. of Ordnance and fortifications. See Ordnance and Fortifications, Board of. of Road Commissioners, Alaska, 669. for Testing iron and steel. See Ordnance Depart- ment. of Visitors. See Military Academy. BOARDS: Detail, pay; restrictions on, 408. BOATS: Purchase or hire for military use, 535. BOND." See also Surety companies. of Acting disbursing clerks, 24. Bids to be accompanied by, 1207. on Contracts for public buildings, 1217. of Disbursing clerks, 23. of Disbursing officers, 388. Examination as to sufficiency, 394. Failure to examine or renew, 396. of Military prison commandant, 482, 486. of Militia officers. See Militia. of Officers of Quartermaster Corps, 387. on Ordnance issued to colleges, 951. of Paymasters, etc., 185. Premium, payment of, 393. Regulation and increase, 388. Renewal, 395. of Special agents of departments, 248. Suit upon, records as evidence, 247. Sureties, duration of liability, 396. Sureties notified of deficiencies, 397. Sureties, priority, 223. Sureties released after 5 years, 398. BOND Continued. of Treasurer, Soldiers' Home, 1506. of Vessels during insurrection, 1440. BOND-AIDED RAILROADS: Transportation of officers, 686, 687. Transportation of troops and munitions, 531. BONUS: for Reenlistment, 706. BOOK OF ESTIMATES. See also Appropria- tions. See also Estimates. Annual estimates, executive departments, 86. Date for transmission, 87. Estimates for river and harbor improvements, 98. Information on lump-sum appropriations, 96, 96a. Proceeds of sales, statement of, 100. Statement of business condition, 102. BOOKS: See also Documents. of Accounting officers. See Accounting officers. of Disbursing officers. See Disbursing officers. Purchase of law books restricted, 78. BOUNTIES: for Reenlistment in Army reserve, 1031. for Reenlistment within three months, 706. BOUNTY LAND: Enlisted men, deserters, 1053. BRANCH PRISONS. See also Disciplinary bar- racks. See also Military prison. Authorization, 476, 476a. Change of name, 475a. BREVET RANK. See also Rank, Army. Assignment according to, only in war, 1004. Civil War officers holding, uniform, 1008. Command under, right to, 354, 1003, 1004. Dates from service for which brevetted, 1001. for Gallantry in Indian wars, 1000, 1002. to Officers for heroism in war, 999. Oflicers of Spanish War, uniform, 1009. Pay, no increase on account of, 638. Title according to actual rank, 1006. Uniform according to actual rank, 1005. Uniform of Civil War officers, 1008. Uniform of Spanish War officers, 1009. Volunteer and militia officers eligible, 1385. Volunteer officers of Civil War, uniform, 1007. BRIBERY: Acceptance of bribe, penalty, 1253, 1254. Offering bribes, penalty, 1251. BRIGADE: Composition, 356, 357. Staff of commander, 359, 360. BRIGADIER GENERAL, ARMY: Aids to, 351. Command of, 356. Fuel and forage allowed, 554. Pay, 635. in Quartermaster Corps, office terminated, 502. Relative rank with Navy, 352. Staff of, 359. BUILDINGS. See also Public buildings. in District of Columbia, rental, 118-120. Statements as to rented, 99, 99a. BUREAU CHIEFS: of Executive departments. See Executive de- partments. of War Department. See War Department. INDEX. 707 BUREAU OF INSULAR AFFAIRS. See Insu- lar Affairs, Bureau of. BURIAL EXPENSES: of Officers, enlisted men, etc., 1063. Transportation of remains of employees, 84. CABINET OFFICERS: For a particular Cabinet officer, see the specific title; see also Executive departments Heads of departments. Succession to office of President, 5, 6. CABLE LINES: Military, injury to, 900. CADET: Corps. See Military Academy. Mess. See Military Academy. Service, not counted toward retirement, 657. CALIBERS OF GUNS, 852. CALIFORNIA ASYLUM: Insane of Army, 1526. CAMP EQUIPMENT: Issues for use of Militia, 1358. Militia, appropriations for, 1351, 1352. Returns of commanding officers of, 573. CAMPS OF INSTRUCTION: Militia, annual attendance, 1331. CANAL ZONE. See also Panama. Accounts in, examination, etc., 200a. Alien labor in, eight-hour law, 1225, 1226. Tour of duty in, limit of, 330a. CANDIDATES FOR PROMOTION: Trial of, by summary court prohibited, p. 616. CANNON. See also Ordnance. Caliber, determination of, 852. Eight-hour law to be observed, 1231. Issue of obsolete to homes, etc., 160. Public tests of rifled, 851. Sale of obsolete, to public parks, 840. Sale of smooth-bore, experimental purposes, 841. CANNON BALLS. See also Ordnance. Loans or gifts, 849. CAPITOL: Telegraph lines, 127, 128. CAPTAIN, ARMY: of a particular branch of the service, see the specific title. Fuel and forage allowed, 554. Pay, 635. of Porto Rico Regiment recommissioned, 346a- 346c. Relative rank with Navy, 352. Vacancies due to reorganization act, 1101. CAPTIVITY: Pay and allowances during, 720. CAPTURED COLORS: Collection of, 149. CAPTURED PROPERTY: during insurrections. See Insurrection. CARRIAGES: Purchase for executive departments, 82. CARRIERS: Collection from, for damages, 845. CARTRIDGE BAGS: Material for, free of duty, 828. CASEMATE ELECTRICIANS: See also Eleclrkians. Increase of number prohibited, 700. Pay for qualifying, 699. CATTLE: Driving of, on Government lands, 1314. Driving of, on Indian country, 1402. CAVALRY: Bands, organization, 1076. Chaplains, number and pay, 902. Colored troops, 1072. Corporals, increase of, 1075. Depot for recruits, 1186. Horses, purchase of, 539, 540. Increase of enlisted men, 1075. Medical personnel of volunteer, 1385. Military Academy datachment, 1170. Privates, increase of, 1075. Promotions due to reorganization act, 1101-1103. Regiments, drilled as infantry, 1073. Regiments, organization, 1071. Remount detachments, 1080. Staff officers, regimental, 1077. Troops, organization, 1074, 1075. Vacancies due to reorganization act, 1101-1103. Veterinarians, pay and retirement, 1078, 1079. CEMETERIES, NATIONAL: Burial in, those entitled, 1308, 1309. Burial of Army nurses in, 1309. Care and maintenance, 1302. Graves, how marked, 1305. Headstones, 1305. Jurisdiction of United States, 1310. Register of burials to be kept, 1305. Superintendents, pay and quarters, 1304. Superintendents, qualifications, 1303 CEMETERIES, PRIVATE: Headstones, erection in, 1306, 1307. Union soldiers interred in, 1306. CERTIFICATES: Of DISCHARGE See also Discharge. of Enlisted men, in true name, 1048. Replacing lost or destroyed, 1047. Return, after settling accounts, 214. of ELIGIBILITY Rights and liabilities ol holders, 923, 24. FALSE Penalty, 429. of MERIT Enlisted men may receive, 1018. Pay of enlisted men granted, 719. to Volunteer forces, 1385. to Revised Statutes, 312. of Service, 458. CERTIFICATION: of Records, 246. CHALLENGES. See Articles of Wa~. CHANGE OF STATION: Excess over transportation allowance, 526. While on leave, mileage to new station, 679. CHAPLAINS: Address as, uniform, all grades, 910. Appointment, age limit, 907. Appointment, examination, 906. Apportionment to organizations, 902-904. Assignment, 911-913. Command, right to, 908. Designation, uniform, all grades, 10. Duties, 914-916. Examination for appointment, 906, 708 INDEX. CHAPLAINS Continued. Facilities afforded by commanders, 917. Field service, transportation, 913. Instruction of enlisted men, 915. Major, grade of, limited, 909. at Military Academy, 1133. Pay and allowances, 635, 909. Pay, increased every 5 years, 652. Pensionable status, 908. Post, office of, abolished, 912. Post, qualifications for, 905. Promotions, 909. Rank, 908, 909. Regimental, qualifications for, 905. Reports to be submitted monthly, 916. Retirement, 908. Transfers, 911, 913. of Volunteer forces, 1387. CHARGES: Dismissal of employees upon, 42. CHARTER: Surety companies to deposit, 391. CHARWOMEN: in Office of Chief of Staff, 362, 362a. CHECKS: Deposited in Treasury, payment, 242, 243. Lost, issuance of duplicates, 245. Outstanding, disposition, 241. Pay accounts, order of indorsee, 648. Payment of enlisted men by, 627. CHIEF OF ARTILLERY. See also Artillery. Appointment, vacancy caused, 370. Duties, 370. General Staff Corps, member, 370. Retirement, 370. CHIEF OF BUREAU OF INSULAR AFFAIRS. See Insular Affairs, Bureau of. CHIEF CLERKS: of Executive departments. See Executive depart ments. of War Department. See War Department. CHIEF OF COAST ARTILLERY. See Artillery. CHIEF OF DIVISION OF MILITIA AFFAIRS: Additional member of General Staff Corps, 371. CHIEF OF ENGINEERS. See also Engineer Corps. to Determine character of equipment, etc., 798. may Employ retired officers, 799. Granted use of Library of Congress, 800. CHIEF LOADERS: Additional pay for qualifying as, 699. Authorized number not to be increased, 700. CHIEF MECHANICS: Pay, 697. CHIEF OF ORDNANCE. See also Ordnance Departmen . Duties enumerated, 823-825. may Employ draftsmen, 818. may Establish Ordnance depots, 825. to Regulate safe-keeping of ordnance, 835. Semiannual report of, 833 CHIEF PLANTERS: Additional pay for qualifying, 699. Authorized number not to be increased, 700. CHIEF OF QUARTERMASTER CORPS. Se also Quartermaster Corps. Appointment, time of, 504. Qualifications and rank, 501. 5HIEF SIGNAL OFFICER. See also Signal Corps. to Certify charges for loss of property, 1256. Duties in general, 893. to Formulate regulations for Signal Corps, 894. to Supervise military telegraph lines, 896. }HIEF OF STAFF. See also General Staff Corps; see also Staff Departments. Aids-de-camp, 369. Clerks, assignment restricted, 363, 372, 362b. Clerks, classification and pay, 362, 362a, 362b. Clerks, foreign service, additional pay, 362, 362a, 362b. Duties enumerated, 369. to Supervise Quartermaster Corps, 503. CHIEF OF STAFF DEPARTMENT. See Staff Departments. CHIEF OF TELEGRAPH: at Executive Office, 881. CHIEFS OF BUREAUS: of Executive departments See Executive Depart- ments. of War Department. See War Department. CHILDREN: Pensions, relation to. See Pensions. CHINESE RELIEF EXPEDITION: Badges of, who may wear, 1024. CITIZENS See also Naturalization. Civil rights of. See Civil rights. Equal rights under the law, 1442, 1443. Right to bear arms not to be infringed, 1319. Subject to military duty, age limit, 327. Unneutral acts by foreign, 1474. Unneutral acts, penalties, 1467-1469. CITIZENSHIP. See also Civil rights; see also Naturalization. Forfeiture by desertion, 1050-1052. of Recruits, in time of peace, 1029. CIVIL ACTIONS. See Civil rights. CIVIL EMPLOYEES. See Civilian employees. CIVIL LIFE: Officers appointed from. See Officer*, Army. CIVIL OFFICE: Officers accepting. See Officers, A rmy. CIVIL PENSION ROLL: Establishment of, forbidden, 38. CIVIL RIGHTS: CITIZENSHIP. See Citizenship. COMMISSIONERS TO ENFORCE Appointment and duties, 1447, 1448. to Appoint persons to execute warrants, 1449. Fees, 1451. CONSPIRACY AGAINST Civil action against conspirator, 1445. Neglect to prevent, actionable, 1446. EMPLOYMENT OF MILITARY FORCE In Execution of judicial process, 1454. by Persons appointed to serve warrants, 1449. ENFORCEMENT by District attorney, 1447. Fees of district attorney, 1451. Fees of persons appointed to execute process, 1451, 1452. Marshals to execute warrants, 1450. EQUAL RIGHTS All persons to have, 1442, 1443. Conspiracy to deprive person of, 1445, 1446. INDEX. 709 CIVIL RIGHTS-Continued. CFFENSES Process, execution of, 1449, 1450, 1452, 1454. Prosecution authorized, 1447. Prosecution by Federal officer, 1447. Speedy trials directed, 1453. PEONAGE Abolished in New Mexico, 1455, 1456. SUITS FOR VIOLATIONS OF RIGHTS Against person acting under color of law, 1444 CIVIL SERVICE. See also Classified civil service; see also Executive departments. Appointment in, after examination, 166. Classifications in, scope of, 166. Preference to persons honorably discharged from military or naval service, 164, 166. CIVIL WAR: Badges. See Badges. Claims. See Claims. Deserters, certain exempted from forfeiture, 1051. Pensions. See Pensions. Retirement, certain officers advanced grade, 965", 970. CIVIL WORKS: Employment of officers on, 996. CIVILIAN EMPLOYEES: of Arsenals. See Armories and Arsenals. Details of, certain forbidden, 29, 30, 32. of Executive departments. See Executive depart- ments. Pay Clerks. See Pay Department. of Quartermaster Corps. See Quartermaster Corps. Restrictions on employment, 28. Sales of Ordnance stores to, 844. of War Department, interment, 1063. CIVILIAN PHYSICIANS: to Examine applicants for enlistment, 779. CLAIMS. See also Accounting officers; see also Attorney General. ALLOWED BY TREASURY Reported annually to Congress, 216. ASSIGNMENTS OR TRANSFERS Before Allowance, 240. BEFORE COURT OF CLAIMS. See Court of Claims. BEFORE DEPARTMENTS Fees of witnesses who make depositions, 135. Witnesses may be subpoenaed by heads, 134. FRAUD Government employees interested, 430. Making or presenting fraudulent, 223. Members of Congress receiving compensation, 1246. Not allowed where there is attempt at, 287. JUDGMENT Final, to bar future demand, 292. Payment of, full discharge, 291. JURISDICTION OVER. See also Court o Claims. Civil War Claims, 277a. District Courts and Court of Claims, 278. Scope, 277. SET-OFFS. See Court of Claims Set-offs. SETTLEMENT before Allowance, powers of attorney, 240. by Compromise, 238. no Deductions for attorney's fees in case of offi- cers, soldiers, 219. no Interest before judgment, 290. CLAIMS-Continued. SETTLEMENT Continued. Stoppages may be removed, 641. by Treasury Department, 215. against United States- Civil War claims, jurisdiction, 277a. Damages to property due to gunfire, etc., 162. Government employees interested, 430. during Insurrection, against condemned vessel, 1441. Loyalty restriction repealed, 215a. Members of Congress receiving compensation, 1246. Property of officers and soldiers ost, etc., 217, 217a. Prosecution of, by ex-employees, 140. of Spanish War volunteers, 218. WITNESSES Failure to attend, 136. Fees, 135. Subpoenas for, 134. CLASSIFIED CIVIL SERVICE. See also Civil service. Assessment for political contributions, 172-176. Efficiency ratings, establishment of, 40. Information may be furnished Congress, 42. Promotions, reductions, etc., 40. Regulations for admission, prescribed by Presi- dent, 163. Removal on charges in writing, 42. Transfers, requisites, 36. CLEARANCE: of Vessels, during insurrection, 1439, 1440. of Vessels, enforcing neutrality. See Neutrality CLEMENCY: to Military convicts, 488, 488a. CLERKS: in a particular department or office, see the depart- ment or office. in Army. See Chief of Staff. Civil Service. See Civil Service. Executive departments. See Executive depart- ments. CLOCKS, RECORDING: Use in executive departments forbidden, 121. CLOSED PORTS: during Insurrection, seizure of vessels, 303. CLOTHING ACCOUNTS: of Officers, oath in settling, 153. CLOTHING, ARMY. See also Uniform, Army. Allowance for ordnance sergeants, 575. Balances due soldier, how accumulated, 574, 575. Balances due soldier, how paid, 575, 576. Cash to retired soldiers in lieu of, 714, 715. Contracts for, before appropriation, 1190. to Discharged military convicts, 494. Diseases, destroyed to prevent spread of, 778. Gratuitous issue to replace destroyed, 572. of Militia. See Militia. Overdrawn by soldier, 574. Purchase from soldiers prohibited, 220. Quantity and kind prescribed by President, 571. Repairing and altering, limit of cost, 577, 578. Returns, quarterly, by officers, 573. Sale prohibited, 1262. COAST ARTILLERY. See Artillery. COAST ARTILLERY SCHOOL: Items of appropriations, 1185. 710 INDEX. COAST DEFENSES: Sites for, procured by condemnation, 802. Volunteer forces for, organization, 1385. COFFEE: Fund for Militia. See Militia. and Sugar, Ration of. See Rations, Army. COLLECTORS OF CUSTOMS. See also Cus- toms. Duties of, during insurrections, 1434. Duties of, as fiscal agents, 185. Employment of military force by, 1435 may Withhold clearance to vessels, 1469a. COLLEGES. See also Schools. Bond covering ordnance issued, 951-955. Details of officers to. See Details. Issue of ordnance to, 942, 951-955. Permits for examination of ruins, 1286, 1287. Sales of Army supplies to, 951a, 951b. COLONEL, ARMY: See also Officers, Army. Fuel and forage allowed, 554. Maximum pay, including longevity, 654. Pay, 635. Relative rank, with officers of Navy, 352. COLORED TROOPS: Cavalry, two regiments authorized, 1072. Infantry, two regiments authorized, 1096. Instruction of, by chaplains, 915. COLORS: and Flags captured to be collected, 149. COMMAND: by Brevet rank. See Brevet rank. of Brigadier general, 356. Claims of officers holding higher, 641. of Major general, 356. of Medical officers, 355. in Military Academy. See Military Academy. by Pay Department officers, 624. Pay for exercising higher. See Pay of officers. by Retired officers, prohibited, 961. Retired officers withdrawn from, 986. COMMANDANT: of Cadets. See Military Academy. of Military Prison. See Military Prison. COMMANDER- of Army Corps, staff, 358. of Division or brigade, staff, 359. Navy, relative rank in Army, 352. COMMANDER IN CHIEF OF ARMY, 2. COMMANDING GENERAL OF ARMY: May perform duties of Secretary of War, 143. COMMANDING OFFICERS. See also Officers. Approval of sentences of, p. 614. to Report damage to ordnance, 836. COMMERCIAL BUSINESS: over Telegraph lines. See Telegraph lines. COMMERCIAL INTERCOURSE: during Insurrection, 1421-1426. COMMISSARIES. See also Subsistence Depart- ment. Additional pay for acting, revoked, 646. Duties of regimental, battalion, etc., 498, 499. Jurisdiction over claims for relief by, 277 Losses by, without fault, 280. to Perform Quartermaster Corps duties, 938. COMMISSARY GENERAL. See also Subsist- ence Department. President may regulate and increase bond, 185. COMMISSARY SER GE ANTS. See also Q uarter- master sergeants. Authorization and duties, 584, 585. Designation changed, 496. Duties, 584. Number increased, 585. Pay, 584, 695. Subject to Articles of War, 584. COMMISSARY STORES: Sales of, disposition of proceeds, 405. COMMISSIONED OFFICERS. See Officers, Army. COMMISSIONERS: to Protect civil rights, 1447, 1448, 1451. to Revise, simplify, etc., statutes of United States, 307. COMMISSIONS: of Army officers. See Officers, A rmy. Expenses of, not paid unless authorized, 408. Payment of expenses of, 190. of Retired officers, advanced in rank, 971. COMMODORES: of Navy, relative rank with Army, 352. COMMON CARRIERS: Obstructing mails or equipment of, 1465. COMMUTATION: of Clothing. See Clothing, Army. of Forage. See Forage. of Fuel. See fuel. to Militia officers at military schools, 1334. of Officer member, road commissioners, 669. of Quarters. See Quarters, Army. of Rations. See Rations, A rmy. of Subsistence stores. See Subsistence, Army. COMPANY: of Cavalry. See Cavalry. Commander, settlement of accounts, 1260. of Infantry. See Infantry. of Instruction, in Hospital Corps, 768. at Military Academy. See Military Academy. COMPENSATION. See also Pay of Army. of Enlisted men. See Pay of enlisted men. for Injury. See Injury. of Officers. See Pay of officers. COMPROMISE: of Claims, by Secretary of the Treasury, 238. COMPTROLLER OF THE TREASURY. See also Accounting of public money. Advance decisions, may be called upon for, 202. Auditors' decisions to be revised by, 209. may Direct auditing of particular account, 201. to Institute suit to recover balance due, 203. to Prescribe forms for keeping accounts, 200. may Revise balances certified by auditors, 207. Warrants to be countersigned by, 237. CONDEMNATION: of Sites for fortifications and coast defenses, 802. of Sites for public buildings, etc., 1276, 1277. CONDEMNATION PROCEEDINGS: Prizes employed in aid of insurgents, 1428. Captured property, how instituted, 1430. CONDEMNED VESSELS. See Vessels. CONFIRMATION: Salary not paid" recess appointees until, 168. by Senate, list furnished accounting officers, 11. CONFISCATION of Property, during insurrection. See Insurrec tion. INDEX. 711 CONGRESS: POWERS Exclusive legislative authority over the District of Columbia and military reservations, 1280. Militia, may call forth, 1415. over Public property and territory, 1255. over Sale of transports. See Transports, A rmy. PROHIBITED ACTS BY MEMBERS Compensated in connection with claim, 1246. Contracting with officers, 1248. Interest in United States contracts, 1245-1247, 1249. THANKS Tendered certain officers, 927a. CONSPIRACY: against Civil rights. See Civil Rights. CONSTITUTIONAL PROVISIONS: Art. I, sec. 8, 1280. Art. I, sec. 8, paragraph 15, 1415. Art. I, sec. 9, paragraph 2, 276. Art. I, sec. 9, clause 7, 186. ^. Art. IV, sec. 3, 1255. Art. IV, sec. 4, 1414. Second amendment, 1319. CONSTRUCTING QUARTERMASTER: at Military Academy, pay, 1137. CONSULAR OFFICE: Acceptance of, by officers, effect, 997. CONTAGIOUS DISEASES: Clothing destroyed because of, replacing, 572. Leave with pay may be granted because of, 50. Measures for dealing with, at military posts, 778. CONTINGENT FUNDS. See also Appropria- tions. Allotments of, 188. Annual reports of expenditures from, 79, 80. Apportioned by monthly or other allotments, 188. Apportioned to bureaus or offices, 75. Expenditure for commissions, etc., connected with foreign intercourse not restricted, 190. of Military Academy, for rent of hotel, 1178. Payment for telephones in private residences, 83. Payment of clerks from, prohibited, 28, 32, 74. Payment of membership, etc., dues from, 81. Purchases from, limitation on, 73, 75. Purchases of law books from, 78. Purchases of newspapers from, 76, 77. Purchases of vehicles, restrictions, 82. Subscriptions to newspapers, limitation, 76, 77. CONTINUOUS SERVICE PAY. See Pay of trilisted men. CONTRACT DENTAL SURGEONS. See also Dental surgeons. Assignment of pay accounts, 740. Authorized, qualifications, etc., 753, 754. Eligible for appointment as dental surgeons, 752. Longevity pay, time served as, counted, 751. Sea travel, actual expenses only, 682. CONTRACTOR: Supplies to be marked with name of, 1241. CONTRACT SURGEONS: Appointment of, in emergencies, 738. Assignment of pay accounts, 740. Attendance free of charge on families of officers and soldiers, 742. in Charge of hospitals, extent of authority, 739. Eligible for appointment in Medical Corps, 733. CONTRACT SURGEONS Continued. Eligible for Medical Reserve Corps, 745. Sea travel, actual expenses only, 682. Travel in Alaska, actual expenses only, 681. CONTRACTS: For supplies or services of a particular kind or for a particular branch of the Government service, see the specific title. ADVERTISEMENTS District of Columbia newspapers, rates, etc., 1203, 1204. Rate fixed at commercial rate, 1202. APPROPRIATIONS Annual, for contracts made within year, 193. Contracts in excess of not to be made, 1191-1193. ASSIGNMENT. See this title, Transfer. AUTHORIZATION Necessary to making, exception, 1190. BIDS Accompanied by guaranty and bond, 1207. Opening, bidders to be notified, 1208. Opening, Secretary of War to make regula- tions, 1206. Preference to American material, 1234. BOND to Support guaranty to bid, 1207. Copy- Affidavit to accompany, 1212-1214. Filed in Returns Office, 1211. FORM to Stipulate no Member of Congress has interest, 1215. Writing required; signed by parties, 1211. WITH MEMBERS OF CONGRESS Public officer making, penalty, 1248. Prohibited, penalty, 1245-1249. OFFENSES Acceptance of bribe by witness, 1253. Bribery in connection with, penalty, 1251. Corporation agent acting as U. S. agent, 1250. Members of Congress, procuring, etc., 1245-1247 OPEN MARKET CONTRACTS Allowed if public exigency demands, 1196. PAYMENTS Not to exceed amount due at time, 407. FOR PERSONAL SERVICES Prohibited if in excess of law, exception, 1195. PROVISIONS Eight hours to constitute day's work, 1218-1232, Exempting U. S. from liability for injuries. void, 72. FOR PUBLIC WORKS Preference to be given American material, 1234. RETURNS Affidavit of officer to accompany, 1212. Filing in Returns Office, 1211. Forms to be furnished for, 1214. Omission of by officer, penalty, 1213. Regulations for making, 1214. TRANSFER Prohibited, effect of transfer, 1233. CONTRIBUTIONS: Employees not to solicit political, 172-176. CONVERSION: of Public moneys. See Public moneys. CONVICTS, MILITARY. See Disciplinary bar. racks; Military prison. 712 INDEX. COOKING: Line officers to superintend, 610. Medical officers to superintend, 743. COOKS: Pay, 695. of Quartermaster Corps, numt er and pay, 506a. COPYISTS: Authority to employ, 25. Restrictions on employment, 28. CORPORALS: Pay, 697. of Quartermaster Corps, number, 506a. CORPORATIONS: Agents of, acting as agents of United States, 1250. Members of Congress interested in, 1249. CORPS: Army, composition, 357. Army, when authorized, 357. of Cadets. See Military Academy. Commander. See Corps Commander. of Engineers. See Engineers, Corps of. CORPS COMMANDER: Ordnance officers assigned to staff, pay, 816. Staff officers for, source, 360. Staff of, 358. COSTS: Court of Claims may allow, 298. COUNCILS: Payment of expenses, restriction, 408. COUNSEL: Employment of, prohibited, 138. Ex-employees as, prohibited, 140. for United States. See Attorney General COUNTERCLAIMS. See Court of Claims. COUNTERFEIT MONEY: Disbursing officers to stamp or mark, 414. COUNTERFEITING: Bonds, bids, public records, etc., penalty, 131. COURT OF CLAIMS. See also daims. APPEALS in Actions instituted by debtors, 295. to Supreme Court, right to, 296. to Supreme Court, time limit, 297. ATTORNEYS Furnished by Attorney General, 293. for United States, 263. COSTS May be allowed in certain cases, 298. Printing record, losing party to pay, 289. COUNTERCLAIM. See, this title, Set-offs. EVIDENCE for Claimant, cost of taking, 286. Departments may be called upon for, 284. Furnished by departments, 139. JUDGMENTS AND DECREES Final, bar to further demand, 292. Interest on claims from date of, 290. Payment, full discharge of claim, 291. JURISDICTION over Civil War claims revoked, 277a. Concurrent with district courts, 278. Disbursing officers, relief from losses, 280. under Eight-hour law, 1222. Limitation of actions, 282. Restrictions on, 281. of Set-offs and counterclaims, 277. Suits on patents for use of Un.ted States, 299. COURT OF CLAIMS Continued. NEW TRIAL Time limit within which must be granted, 288. PETITION Form as to allegations, etc., 283. Grounds for relief must be shown, 285. PROCEDURE where Debtor alleges no settlement in 3 years, 294. SET-OFFS Jurisdiction over, 277. by United States to be considered. 239, 279. COURTS, DISTRICT. See District Courts. COURTS OF INQUIRY. See also Articles of War. Eligibility for service upon, 1385. Retired officers may be assigned to duty on, 958. COURTS-MARTIAL. See also Articles of War. COMPOSITION in General, p. 614. Retired officers may be members, 958. for Trial of militia officers, 1343. Volunteer and militia officers eligible, 1385. FINES, DISPOSITION OF Paid into Soldiers' Home fund, 1507, l"07a. GENERAL COURTS-MARTIAL Accuser not eligible as member, p. 615. Appointment, p. 615. Composition, p. 614. Dismissal of officers by, in time of peace, 992. Enlisted men as stenographers for, 1069. Jurisdiction, p. 615. Reappointment of officers dismissed by, 991 Trial of officers before, p. 615. Witness not eligible as member, p 615. at MILITARY ACADEMY Superintendent may convene, etc., 1163 PUNISHMENT Confinement in disciplinary barracks, 475c. of Death to spies in time of war, p. 614. Penitentiary sentences authorized, 475c. in Time of peace, discretion of court limited, p. 614. REGIMENTAL Jurisdiction restricted, 924. SENTENCES of Death to spies in time of war, p 614. Detained pay, repayment, 727. o. Dishonorable discharge may be suspended 1049. Effect on promotion of enlisted men, 924. SPECIAL COURTS-MARTIAL Accuser not eligible as member, p. 615. Appointment, p. 615. Composition, p. 614. Jurisdiction, p. 615. Limit of punishment by, p. 615. Witness not eligible as member, p. 615. SUMMARY COURTS Appointment, p. 615. Approval of sentences of, p. 614, 616. Composition, p. 615. Execution of sentences after approval, p. 616. Jurisdiction, p. 616. Limit of punishment by, p. 616. Report of number of cases tried by, p. 614. Trial of noncommissioned officer by, p. 616. Where only one officer with command, p. 615. INDEX. 713 COURTS-MARTIAL Continued. TRIAL BY, RIGHT TO Cadets charged with hazing, 1164. Officer dismissed by President, 994. CUBA: Banks in, as depositories of public funds, 182. Enlisted service in, counted double, 1040, 1041. Military details under Government of, 939. CULLUM MEMORIAL HALL: Method of selecting worthy subjects for, 1180. CUMULATIVE LEAVE: Nurse Corps serving outside United States, 771, 772. of Officers, 662, 664. CUSTODIAN: Distribution, etc., of records By, penalty, 148. Records of War Department, Secretary to bo, 148. CUSTOMS: Collectors. See Collectors of Customs. Duties, employment of vessels collecting, 1434. House, removal, during insurrection, 1434. fc Officers, appointment and compensation, 1424. DAMAGES: to Arms, report of, 836. DAUGHTERS OF AMERICAN REVOLU- TION: Unlawful wearing of badge, penalty, 1025. DEATH: of Ex-official, department not be closed, 123. Sentence of, to spies in time of war, p. 614. DEBTORS: Deceased, priority of United States, 221. Insolvent, priority of United States, 221. Priority of United States, failure to recognize, 222. no Settlement in three years, procedure, 294, 295. DEBTS. See also Claims. Arrest for, enlisted men exempt, 1067. Auditors to superintend recovery, 206. Distress warrants, execution, 226-228. Due United States, by employee, withholding pay, 693, 694. Method of enforcing set-off, 239. Priority of United States, 221, 222. Sale of lands under distress warrants, 229. DECEASED EMPLOYEES: Transportation of remains, 84. DECEASED OFFICERS. See Officers, Army. DECEDENT ESTATES: of Army officers. See Officers, Army. of Enlisted men. See Enlisted Men. DECORATION DAY: Per diem employees to receive pay for, 55. DECORATIONS. See Foreign Decorations. DECREES: of a particular court, see the specific title. DEDUCTIONS: from Pay, enlisted men. See Pay of Enlisted Men. DEFICENCIES: Method of transmitting estimates of, 92. DEMOTIONS: in Classified service. See Classified Civil Service. DENTAL CORPS: Appointments, qualifications, etc., 751. Contract dental surgeons. See Contract Dental Surgeons. Dental Surgeons. See Dental Surgeons. Composition, etc., 750. DENTAL SURGEONS: Appointment of contract, without examination, 752. Commutation of rations to acting, 668a, 668b. Comprise part of Medical Department, 728. Contract. See Contract Dental Surgeons. Detail of one, to Military Academy, 755. Increased to thirty-one, 755. Longevity pay, time served as contract, counted 751. Pay and allowances, 750. Retirement, 750. Travel in Alaska, actual expenses only, 681. DEPARTMENT: of Justice. See Justice, Department of. of the Treasury. See Treasury Department. of War. See War Department. DEPENDENT PARENT: Discharge on account of, 1044. DEPENDENT RELATIVES: Pensions to. See Pensions. DEPOSITARIES OF GOVERNMENT PUB- LICATIONS, 1173, 125a. DEPOSITARIES OF PUBLIC MONEY. See also Public moneys. Annual report of unchanged balances, 183. Banks in Philippine Islands, Cuba, and Porto Rico may be, 182. Certain mints and assay offices to be, 181. National banking associations designated, 182. Where there is no treasurer, 184. DEPOSITIONS. See also Articles of War. Subpoenas for witnesses for taking, 134. by Witnesses as to claims, 135. DEPOSITS: by Disbursing officers. See Disbursing officers. by Enlisted men. See Enlisted men. of Public moneys. See Public moneys. DEPUTY PAYMASTERS GENERAL. See also Paymaster General. Duties, 620. DESERTION. See also Article- of War. Aiding or enticing soldiers into, penalty, 1055. Applications for removal of charge, 453, 454. Arrest of deserters by civil officers, p. 614. Arrest of deserters, who may make, 1056-1058. Citizenship not forfeited by, during peace, 1052. Citizenship rights forfeited by, 1050. Citizenship rights may be remitted, 1052. during Civil War, certain exempted, 443, 1051. Deserters not entitled to bounty land, 1053. Deserters not to be reenlisted, 1027. Deserters who reenlisted in Navy or Marines, 445. Excluded from Soldiers' Home, 1516. Harboring, etc., deserters, penalty, 1055. during Mexican War, removal of charge, 449, 450. Pay and bounty due, on removal ol charge, 447. Pension rights forfeited by, 1054. Removal of charge, effect on pay, etc., 451. Removal of charge from rolls, 443. Removal of charge, pay for period absent, 448, 452. Removal pf charge, restrictions upon, 450. Restored deserters from Civil War, pension, 446. Reward for apprehension of deserters, 1056-1058. Secretary of War may remove charge of, 444. DETACHED SERVICE. See also Details. Limitations on, penalty for violation, 384, 937, 938*. Staff duty, certain, deemed with troops, 938. 714 INDEX. DETACHMENTS: of Enlisted men at remount depot, 541, 1070. of Enlisted men at service schoo s, 11^3. in Hospita Corps, organizat-on, 76 . of Marines serving with Army, rations, 590. at Military Academy. See Military Academy. of Navy, on shore duty, equipage, etc , i>17, 59 . Remount. See Remount detachments. at Service schools, organization, 1183. DETAILS. See also Detached service. CLERKS from Bureaus to General Staff forbidden, 363. to Commissions, boards, etc., 408. of Departments to duty in office of President, 12. of Executive departments, restrictions, 34. from Field service to departments, 29, 80, 32. from General Staff to bureaus forbidden, 31, 363, 362b. from Government Printing Office, restriction, 33. Statement of, in Book of Estimates, 102. EMPLOYEES. See also, this title, Clerks. from Field service to departments, 29, 30. as Telegraph operators, on Capitol lines, 127. ENLISTED MEN. See also Detachments. to Extra duty, for 10 days or more, 565. to Extra duty, while in field, 566. of Hospital Corps as acting stewards, 767. of Ordnance Department as artificers, 822. to Quartermaster Corps, to be replaced, 505. Retired on recruiting service, 1392. as Stenographers of courts-martials, 1069. NON-COMMISSIONED OFFICERS Retired to colleges, etc., 946. Retired on recruiting duty, 1392. OFFICERS as Acting judge advocates, 384, 469. on Aviation duty, 384, 889. to Aviation section, 889c-889e, 889k. of Cavalry, on regimental staffs, 1077. to Colleges, etc., as instructors, U3, 944. to Cuba, 939. to Division of Militia Affairs, as chief, 371. Eligibility, prior service ji staff, 379. Eligible for, restrictions on, 384, 937-938*. of Field Artillery on regimental staffs, 1090. Field, restrictions, limited, 938J. to Foreign countries, Cuba and Panama, 939. on General Staff Corps, 365, 366. as Indian agents, 940, 1396-1398. of Infantry, on regimental staffs, 1100. as Instructors in military tactics, 943, 944. to Insular Bureau, as additional assistant, 159. to Insular Bureau, as assistant, 158, 937. to Insular Bureau, as chief, restriction on, 384. of Line, restrictions, 937. "Manchu Law," 937. to Military Academy, 1108, 1109. to Military Academy, dental surgeon, 755. with Militia, District of Columbia, 959, 1373, 1374. with Militia, inspectors, etc., 1332, 1333. of Navy, to inspect army transports, 306. in Ordnance Department, 384, 812-815, 813a. to Panama, 939. in Pay Department, 617, 618. to Philippine constabulary, as chief, etc., 384, 941. DETAILS Continued. OFFICERS Continued. to Porto Rico regiment, to command, 384. in Quartermaster Corps, 495, 497, 508, 510, 511. to Quartermaster Corps, as chief, 501. Restrictions on, 384, 937-938*. Retired, as adjutant general, D. C. Militia, 95). Retired, to colleges, etc., 945-950. Retired, to Organized Militia, 957, 958. to Signal Corps, 887, 888. to Signal Corps, Aviation Section, 889c-889e. to Staff Departments. See Staff departments. in Subsistence Department, 582, 583. DETAINED PAY. See Pay of enlisted men. DIPLOMATIC OFFICE: Acceptance of, by officers, effect, 997. DISABILITY: of Artisan or laborer. See Laborers. DISBURSEMENT OF PUBLIC MONEY: For a particular purpose or office, see specific title. Accounting officers. See Accounting officers. Accounts. See Accounting of public money. Additional compensation not to be paid for, 170. Appropriations. See Appropriations. Auditors. See Auditors. Disbursing Officers. See Disbursing officers. in Excess of appropriations prohibited, 189. Reports of, to be made to Congress, 413. Requiring receipt in excess amount, 418. Special agents for, to give bond, 248. DISBURSING OFFICERS: In a particular office or service, see the office or serv- ice; see also Disbursement of public money. ACCOUNTS Accessible to accounting officers of Treasury, 124. Accurate entry of each deposit, etc., 409. Administrative examination, 198. Disbursements to be by distinctive items, 410. Failure to render, 422. Inspections by Inspector General, 461. Inspections by Secretary of War, 412, 413 Monthly, according to appropriations, 416. Monthly, to bureaus to which they pertain, 415. of Premiums on sale of Treasury notes, etc., 402. Report of unchanged balances, 183. Return of checks unpaid for three years, 241. Unchanged balances covered into Treasury, 244. ADVANCES OF PUBLIC MONEY Excepted from prohibition against, 407. Appointment, salary, and duties, 23. BOND of Acting disbursing clerks, 24. Examination as to sufficiency, etc., 394. Failure to examine, effect, 396. Liability of principal under, when ended, 396. Limitation on liability of sureties, 398. President may regulate and increase, 388. Renewal every four years, 395. Required, 23. of Special agents employed, 248. Sureties to be notified of deficiencies, 397. COURT OF CLAIMS, RELIEF IN Decree by, 280. Jurisdiction of court, 277. DUPLICATE CHECKS Officer drawing original dead, 245. INDEX. 715 DISBURSING OFFICERS-Continued. DUTIES Account for premiums or sale of notes, etc., 402. Allotments to be paid designated allottees by, 712. Counterfeit money to be marked by, 414. to Deposit excess money in Treasury, 400. to Deposit money entrusted to them, 399. Enumerated, 23. to Keep accurate entry of each deposit, etc., 409. OFFENSES Accepting receipt for funds not paid out, 426. Certificate, making false, 429. Conversion of public moneys, 419, 420. Deposits, failure to make, 422. Embezzlement, 419, 420, 428. Embezzlement, prima facie evidence of, 424, 425. Exchange of funds by, penalty, 401. False entry, 171. Receipt in excess amount, requiring, 418. Rendering of accounts, failure in, 422. STATUTES CONSTRUED FOR, 202. DISBURSING OFFICERS, ARMY: Accounts, deposits, etc., inspection of, 461, 462. DISCHARGE: CLERKS Restrictions on, 40, 41. ENLISTED MEN Certificate issued under true name, 1048. Certificate lost, etc., replacing, 1047. Certificate to be returned after settlement of accounts, 214. Dishonorable, execution may be suspended, 1049. Dishonorable, pay during suspended sentence, 727a. Honorable, on account of dependent parent, 1044. Honorable, on removal of charge of desertion 451. by Purchase in time of peace, 1043. Receiving dishonorable, reenlistment, 1052. Receiving, expenses of sea travel, 1046. Receiving honorable, preference to, 164, 165. Receiving honorable, transportation allowed, 683, 721. Receiving, transportation to which entitled 1045. OFFICERS Actual expenses only for sea travel on, 683. Certificate of lost, etc., replacing, 1047. Evidence of, returned after settlement of ac- counts, 214. Honorable, on failure on reexamination, 930. Honorable, travel allowances, 684. of Medical Corps, failure in examinations, 735 736. Supernumerary, after five years' service, 998. DISCIPLINARY BARRACKS. See also Mili- tary prison. BRANCH BARRACKS Authorization, 476a. COMMANDANT Authorized, 480a. Powers and duties, 481a. Record of good conduct kept by, 481a. COMPANIES Organization, 1104. DISCIPLINARY BARRACKS Continued CONTROL Vested in The Adjutant General, 477a. CREATION, 475a, 475b. DETACHMENT Composition, 704. Pay of enlisted men, 704. DETENTION IN Sentences of, authorized, 475c. DISCIPLINARY COMPANIES Arming, etc., authorized, 481b. Authorized, 481b. Noncommissioned officers detailed from line, 480a. Organization, 481b. ENLISTED MEN. See this title, Prison guard. GOVERNMENT. See this title, Control. MILITARY PRISON CHANGED TO, 475a, 475b. OFFICERS Composition, 480a. DetaUed by Secretary of War, 480a. PRISONERS Clemency to, authorized, 488a. Disciplinary Companies. See this title, Dis- ciplinary companies. Employment at trades, etc., authorized, 481a. Manufacture of military supplies, 487. Parole authorized, 488b. Record of good conduct kept, 481a. Remission of portion of sentence authorized, 488a. Restoration to duty authorized, 488a, 488b. PRISON GUARD. See also this title, Detachment. Battalion sergeant major authorized, 480a. Detail of enlisted men to, 480a. Enlisted men assigned from line, 480a. Enlisted men, organization and pay, 704. Organization, 1104, 480a. REGULATIONS TO BE PRESCRIBED BY SECRETARY OF WAR, 481a. DISCIPLINE. See Articles of War. DISEASES. See Contagious Diseases. DISMISSALS: in Classified service, 40. DISMISSED OFFICER. See Officers, Army. DISTANT STATIONS: Advances of money to persons on duty at, 407. Advances of pay to persons on duty at, 649. DISTILLERIES: in Indian country. See Indian country. DISTRESS WARRANTS: against Delinquent custodians, 224. Disposal of surplus moneys after satisfying, 230. Execution, method of, 226,227. Form and contents of, 225. Injunction to restrain, 234, 235. Issued, when and by whom, 231. Jurisdiction of, 232. Levy made in pursuance of, to become lien, 228. Other remedies of United States not affected by, 23(5. Persons aggrieved by, relief, 234, 235. Postponement of issuance of, 233. Sale of lands under, method, 229. DISTRIBUTION OF PUBLICATIONS: by Public Printer, exceptions, 85. DISTRICT ATTORNEYS: Duties in protection of civil rights, 1447, 1451. Fees in civil rights cases, 1451. 716 INDEX. DISTRICT COURTS: Empowered to issue writs of habeas corpus, 266. Jurisdiction over claims, 278. Jurisdiction over offenses on high seas, 300, 301. DISTRICT OF COLUMBIA: Accountants, payments to, restricted, 81a. Accounts of o Ticers in, accessibility, 212. Advertising in newspapers in, 1203, 1204. Appointments to Military Academy from, 1144. Certificate of inspection of fuel in, 1244. Discrimination against Army uniform in, 1010. Fuel used in, inspection, 1242-1244. Holidays in, days constituting, 53. Inspection of fuel, 1243. Militia. See Militia. Rental of buildings in, 99, 99a, 118-120. Revised Statutes, relating to title, 311. DIVISION: Composition, 356, 357. Composition of staff of commander, 359. Ordnance officers on staff of commander, 816. Staff officers, may be volunteers, 360. DIVISION OF INSULAR AFFAIRS. See Insu- lar Affairs, Bureau of. "DOCKERY ACT:" Accounts to be examined under, 198. DOCUMENTS. See also Books; see also Records. Appropriations chargeable for printing, etc., 114. Authorized number not to be exceeded, 117. Distribution to be made by Public Printer, 85. Illustrations in, limitation on, 116. Libraries of departments depositaries of public, 125, 125a. Restrictions on printing by departments, 113. Unlawful, concerning national defenses, penalty for making, etc., 1317 J. DOMESTIC VIOLENCE: Use of militia to suppress, 1418. DONATION OF LANDS: as Sites for fortifications, 804. DOORKEEPER: at White House, 513. DRAFT ANIMALS. See also Horses. Restrictions upon purchase, 537, 538. DRAFTS. See Checks. DRAFTSMEN: Chief of Ordnance may employ, 818. Chief Signal Officer may employ, 895. Employment of, restrictions, 27, 28. DREDGING. See River and harbor work. DUES: Payment from public money prohibited, 81. DUPLICATE CHECKS: Issuance of, by disbursing officers, 245. DUTIES: Customs duties. See Customs. of Officers. See the officer. EASEMENTS: For telephone, electric, etc., lines, 1283. EDUCATIONAL INSTITUTIONS. See also Col- leges; Schools. Details of officers, etc., at. See Details. Sale of Army supplies to, 951a, 951b. EFFICIENCY RATINGS: of Civil service employees, 40. EIGHT-HOUR LAW: Alien labor, Canal Zone, not covered, 1225, 1226. Contractors penalized, right of appeal, 1222. Date effective, 1225. EIGHT-HOUR LAW Continued. General provisions, 1218, 1219. Naval vessels, contracts for, governed by, 1228- 1230. Ordnance purchased from firms observing, 1231. Penalty for violation, 1220. President may waive, during time of war, 1223. Previous contracts not affected, 1221. Public works, contracts governed by, 1219. River and harbor work under, 1232. Supplies and services excepted, 1223. Tests of cannon contracts to include, 1231. ELECTIONS: Presence of troops at, forbidden, 1457-1461. ELECTRICIANS: Casemate. See Casemate electricians. Master. See Master electricians. ELECTRICITY: for Executive departments, centracts for, 1197. Sale of surplus, from Government plants, 521. ELECTRIC POWER COMPANIES: Right of way for, over public lands, 1283. ELIGIBILITY, CERTIFICATES OF: Holders of, rights and liabilities, 923, 924. EMBEZZLEMENT: By a particular officer, or of a certain class of prop- erty, see the specific title. EMERGENCY RATIONS. See also Rations, Army. Where issued, to be in addition to regular, 595. EMPLOYEES, CIVIL. See Civilian employees. EMPLOYMENT: Preference given to discharged soldiers, 165. EMPLOYMENT OF MILITARY FORCE: in Alaska, as posse comitatus, 1477. at Elections prohibited, 1457-1461. to Enforce neutrality of U. S., 1472, 1473, 1472a. in Enforcement of civil rights, 1449, 1454. by Governor of Hawaiian Islands, 1478. to Prevent vessel departing without clearance, 1472a. Guarding persons extradited for crimes, 1476. in Indian country. See Indian country. during Insurrections. See Insurrection. in Mexico, justified, 1475a, b. as Posse comitatus, prohibited, 1480. to Protect rights of discoverer of Guano, 1479. ENCAMPMENTS: of Militia. See Militia. ENGINEER: Battalions. See Engineers, Corps of. Companies. See Engineers, Corps of. Detachment at Military Academy, 1171. School, equipment and maintenance, 1184. School, purpose, 1183. ENGINEERS: Restrictions on employment of, 27. ENGINEERS, CORPS OF: APPOINTMENTS from Cadet Corps, number, etc., 785, 786. from Civil life, age, etc., 786. APPROPRIATIONS Settlement of transactions between, 808. Subscriptions may be paid in advance, 801. BAND Organization, 792. BATTALIONS Details to. See this title, Details. Enlisted men. See this title, Enlisted Personnel. INDEX. 717 ENGINEERS, CORPS OF Continued. BATTALIONS Continued. Medical personnel of Volunteers, 1385. Organization, 793. Chaplain, authorization of one, 904. Chief of Engineers. See Chief of Engineers. COMPANIES Officers for command, 794. Strength of, 795, 796. Composition, 784, 785. DETAILS to Battalions and commands, 794. Limitation on, 789. to Superintend construction of public works, . 807. as Superintendent, War Department Building, 154. DISBURSEMENT OF PUBLIC MONEYS by Officers on work under their control, 807. Employment of additional persons in, 161. ENLISTED PERSONNEL Composition, 790. to Constitute part of line of Army, 791. Duties and instruction, 797. Equipment and supplies, 798. Increase in, 796. Organization, 790. Pay of electricians, 695. Pay of privates, 698. Pay of sergeants, etc., 695. OFFICERS Details of. See, this title, Details. may Disburse public moneys, 807. Increase in number, 785. Promotions. See, this title, Promotions. Retired, employment on harbor work, 799. Transfer to another corps, 789. ORGANIZATION of Battalions, 793. of Companies, 795, 796. of Corps of Engineers, 784, 785. of Enlisted force, 790. PROMOTIONS According to seniority, 784. Examination of officers for, 788. of Lieutenants, after 14 years' service, 386. ENLISTED MEN: For a particular class or those in a particular branch of the service, see the specific title. ABSENCE Due to misconduct, etc. without pay, 666. Without leave, must be made good, 1035. Without leave, not to be paid during, 448, 452. ARREST for Debt, exempt from, exception. 1067. BADGES. See Badges. Baggage lost in military service, 217, 217a. BOUNTIES. See Bounties. CERTIFICATES OF MERIT. See Certificates of Merit. CLA IMS- no Deductions for attorney's fees, 219. for Property lost in service, 217, 217a. CLOTHING. See Clothing, Army. COOKING FOR. See Cooking. ENLISTED MEN Continued. CREDIT FOR SERVICE See Pay of enlisted men. See Retirement, Army. DECEASED- SCO also Articles of War. Beneficiaries, payment to, in certain cases, 1061, 1062. Expenses of interment, 1063. Removal of remains from abandoned posts, 1063. Settling accounts of 1059, 1060. Transportation to national cemeteries, 1063. DEPOSITS OF SAVINGS Deposited hi Treasury as a separate fund, 716. Interest on S5 or over, 717. Payable on discharge, 575. with Paymasters, regulations, forfeiture, 716. Regulations by Secretary of War, 718. DESERTION. See Desertion. DETACHMENTS. See Detachment*. DETAILS. See Details. DISABILITIES Civil offices, ineligible for, 960. DISCHARGE. See Discharge. DUTIES Acting as servants to officers not included, 1068. ELIGIBILITY. See Certificates of eligibility. EMPLOYMENT as Stenographers of courts-martial, 1069. ENLISTMENT. See Enlistment. EQUIPMENT. See Clothing, Army. Examinations for promotion, 920-923. FURLOUGH. See Furlough. Instruction of, by chaplains, 915. Letters of, may be forwarded unpaid, 251. MEDALS OF HONOR. See Medals of honor. MEDICAL TREATMENT Employment of extra nurses for care of, 777. of Families, free of charge, 742. in Private hospitals in certain cases. 776. Ruptured in line of duty, truss, 783. MERIT, CERTIFICATES OF. See Certificates of merit. NATURALIZATION. See Naturalization. NONCOMMISSIONED OFFICERS See Noncommis- sioned officers. NUMBER Limited to 100,000 men, 332. Maximum strength during exigencies, 333. Not to be increased by remount detach- ments, 541. OFFENSES. See also Articles of War. Aiding or enticing soldier to desert, 1055. Harboring, concealing, etc., deserter, 1055. PAY. See Pay of enlisted men. PENSIONS. See Pensions. Promotions to second lieutenants, 920-923. Property lost in military service, 217, 217a. QUARTERS. See Quarters, Army. RATIONS. See Rations, A rmy. at RECRUITING STATIONS Detachments authorized, 704. RETIREMENT. See Retirement. Army. SALES TO of Subsistence stores. See Subsistence store*. 718 INDEX. ENLISTED MEN Continued. SAVINGS. See, this title, Deposits of savings, Tour of duty in Canal Zone and Philippine Islands, limit on, 330a. TRANSFER to Hospital Corps as privates, 766,1037. to Navy or Marine Corps, 1036. TRANSPORTATION ON DISCHARGE. See Dis- charge. ENLISTMENT: of Filipinos, 335. IN FOREIGN SERVICE. See Neutrality. FRAUDULENT ENLISTMENT Punishable by court-martial, 1033. of Indian scouts, 334. PREMIUMS Accepted recruits, 1032. QUALIFICATIONS Age limit, 1026, 1027, 1029. Aliens ineligible in peace, exceptions, 1029. Deserters ineligible, exception, 1027, 1052. Intoxicated persons ineligible, 1027. Minors under 16 ineligible, 1027. Minors, written consent of parents, etc., 1028. Porto Ricans, when eligible, 342. REENLISTMENT Age limit does not apply, 1028. in Army reserve, bounty for, 1031. Bonus for, within three months, 706. of Deserters, in time of peace, 1052. Increased pay for, within three months, 1034. of Porto Ricans in Regular Army, 349. Qualifications, 1030, 1052. TERM Fixed at three years, 1030. Fixed at seven years in Army and Reserve, 1031. Method of determining continuous service, 1035. Unauthorized absences must be made good, 666, 1035. ENSIGNS, NAVY: Relative rank with Army, 352. ENVELOPES. See also Mail matter. Executive departments to procure, 254. "Official Business," printed on certain, 252. Official, penalty for private use, 253. "Penalty" clause to be printed on, 254. Return penalty may be enclosed, 256. EPIDEMIC DISEASES: Measures for dealing with, in Army, 778. EQUAL RIGHTS. See Civil rights. EQUIPMENT of Soldiers, sale prohibited, 1262. ESCAPE from Military prison. See Military prison. ESTIMATES By a partkular office or officer, or in connection with a particular subject, see the specific title. BOOKS OF ESTIMATES. See Book of Estimates. CONTENTS Amount for next fiscal year stated, 88. all Annual, for the public service, 91. Annual, information to accompany, 102. Arrangement, 90. Changes desired, propositions for, 90. Explanation of new items, 89. for Lump-sum appropriations, 96, 96a. Outstanding appropriations included, 88. ESTIMATES Continued. CONTENTS Continued. of Special or additional estimates, 91. Unnecessary words to be eliminated, 87a. Variation from current, to be noted, 89. OF EXECUTIVE DEPARTMENTS. See Executive departments. FURNISHED TO SECRETARY OF THE TREASURY Failure to furnish, 87. by October 15, required, 87. PREPARATION Designation of official to supervise, 87a. under Direction of Secretary of Treasury, 86. Officers' compensation founded by law, 95. SUBMISSION TO CONGRESS Through Secretary of the Treasury, 86, 92. EVIDENCE: of Embezzlement, prima facie, 424, 425. Claims. See Claims. Compelling witness to furnish, 136. Court of Claims. See Court of Claims. Original records required in certain cases, 247. Pamphlet copies of statutes, 321. Revised Statutes legal evidence, 310, 318. Statutes at Large are legal evidence, 321. Supplement to Revised Statutes prima facie, 320. Transcripts from Treasury books, 247, 424. EXAMINATIONS: For appointment of a particular officer, see the specific title. of Accounts. See Accounting of public money. of Bonds. See Bonds. under Civil service. See Civil service. of Enlisted men for promotion. See Second lieu- tenants. at Military Academy. See Military Academy. of Officers. See Officers, Army. Pension cases. See Pensions. EXAMINING BOARDS: Promotion of enlisted men, 921. Promotion of officers. See Officers, Army. EXCHANGE: of Funds, restrictions upon, 401. Post. See Post Exchange. of Typewriters. See Typewriters. of Unserviceable powder and shot, 837. EXECUTIVE DEPARTMENTS: For a particular department, see the department. ABSENCE. Leaves of. See, this title, Employees. Accountants, payments to, restricted, 81a. Accounts. See Accounting of public money. Adding machines. See, this title, Supplies. AD VERTISEM ENTS for Bids for supplies, 1196. in District of Columbia, limitations, 1203, 1204. in Newspapers, written authority, 1201. Rates to be paid newspapers, 1202. Annual reports. See, this title, Reports. APPROPRIATIONS See also Appropriations. Estimates for. See, this title, Estimates. Expenditures in excess of, prohibited, 188. Lump sum, payment of salaries restricted, 35. Membership fees, etc., not to be paid, 81. Payment of accountants from, restricted, 81a. Payment for private telephones prohibited, 83. ARMS for Protection of public money, etc., 830, 847. INDEX. 719 EXECUTIVE DEPARTMENTS Continued. AUTOMOBILES. See, this title, Vehicles. BOOKS See also, this title, Documents. Public Printer to furnish, 112. BUILDINGS Public. See Public buildings. Rental in District of Columbia, 118-120. Statement of, rented, 99, 99a. BUREAUS Absence ol chief, who may act, 14. Action by chief of, on report of chief clerk, 22. Death of chief, who may act, 14. Temporary chief of, 14. CARRIAGES FOR OFFICERS AND EMPLOYEES, 82, 82a. CHIEF CLERKS Duties, 20, 21. Oaths of office to employees, 57. Oaths to travel accounts, 65. Reports by, 21, 22. CLAIMS before Court of Claims. See Court of Claims. before Departments. See Claims. CLERKS See also this title, Employees. Appointment of women as, 26. Chief. See this title, Chief clerics. Classification of, 43. Compensation of, 44. Detail, for duty in office of President, 12. Disbursing. See this title, Disbursing clerks. Extra services, no compensation for, 46, 47. Payment from contingent funds prohibited 28, 32, 74. Performing duties of another, not paid for, 47. Temporary, compensation of, 45. CLOSING on Death of ex-official prohibited, 123. Contingent Funds. See Contingent funds. CONTRACTS See also Contracts. in Excess of appropriations, prohibited, 188. for Supplies. See this title, Supplies. Counsel. See this title, Heads of departments. Details. See this title, Employees. Disbursements. See Disbursements of public moneys. DISBURSING CLERKS See also Disbursing officers. Appointment and bond, 23. Bond, acting, bound by, 24. Books accessible to .accounting officers, 124. DOCUMENTS See also this title, Bonks. Distribution, lists furnished Public Printer, 85. Distribution by, prohibited, exception, 85. Printing, authorized number not exceeded, 117. Reports. See this title, Reports. Restrictions on printing, 113. EMPLOYEES Absence in excess of leave, without pay, 50. Accountants, payments to, restricted, 81a. Clerks. See this title, Clerks. not Compensated for administering oaths, 58. Compensation of, 44. Deceased, transportation of remains, 84. EXECUTIVE DEPARTMENTS Continued EMPLOYEES Continued. Detail in District of Columbia from without, prohibited, 29, 30, 32. Details with boards, etc., prohibited, 408. Details within departments, 34. Discharge of, restrictions, 40. Efficiency ratings, establishment of, 40. Employment in excess of authority prohibited, exception, 37, 188, 1195. Established and fixed, 40a. Establishment of pension roll prohibited, 38. False or fictitious entry or report, 171. may Furnish information to Congress, 42. Hours of labor. See this title, Hours of labor. Investigating frauds, may administer oaths, 64. Laborers. See this title, Laborers. Leave, annual, in addition to sick, 51. Leave, annual, exclusive of Sundays, etc., 52. Leave, annual, with pay, 50. Leave, with pay, contagious diseases, 50. Membership fees, etc., United States not to pay, 81. Messengers. See this title, Messengers. Oath of office, form, 59, 60. Oath of office, who may administer, 57, 62, 63. Oaths, before whom may be taken, 63. Oaths to travel accounts, 65. Officers. See this title, Officers. Payments to incapacitated, forbidden, 39 Payment from lump-sum appropriations re- stricted, 35. Per diem, to receive pay on holidays, 54, 55, 56. may Petition Congress, 42. Preference to honorably discharged soldiers, 41. Prohibited assisting in prosecution of claims, 430. Prosecution of claims by ex-employees, 140. Reduction of, restrictions, 40. Removal, on charges in writing, 42 Report of inefficient, 103. Restrictions on employment, 27. Sick leave with pay, 50. Soliciting contributions, 177. Transfer between departments, 36. Transfer from regular to lump-sum rolls, 35. Travel expenses, limitation upon, 680a. Voluntary services. See this title, Voluntary services. Envelopes. See this title, Supplies. ESTIMATES. See also Estimates. Annual, information to accompany, 102. Arrangement to conform to current acts, 90. in Books of Estimates, 86. for Compensation of officers, 95. Date for submission, 87. for Deficiencies, method of transmitting, 92. Designation of official to supervise preparation, 87a. for Lump-sum appropriations, 96. Method of preparing, 93. for Printing and binding, 94. for Printing and binding furnished, 114. for Public buildings or works, 97. for Purchases, etc., of passenger-carrying ve- hicles, 82a. Special statement as to necessity, 91. 720 INDEX. EXECUTIVE DEPARTMENTS Continued. ESTIMATES Continued. Statement of rented buildings, 99. Submitted through Secretary of Treasury, 86. Unnecessary words to be eliminated, 87a. Variation from current to be explained, 89. FORMS Public Printer to furnish, 112. HEADS OF DEPARTMENTS For the head of a particular department, see the specific title. Absence of, who may act, 13. Action by, on report of chief clerk, 22. Assistant to perform duties on death, etc., 13. Authorized to employ clerks, etc., 25. Counsel furnished, examination of witnesses, 137. Department of Justice to furnish counsel, 138, 264. Employment of counsel prohibited, 138. Estimates by. See this title, Estimates. to Furnish data for Official Register, 111. Hours of labor designated by, 48, 49. Inventories and returns of public property, 109, 110. President may require opinion, 2. Purchase of newspapers by, 77. Regulations for property returns, 1259. Regulations to be prescribed by, 19. Reports of. See this title, Reports. may Subpoena witnesses as to claims, 134. Temporarily act as head of other department, 15. Temporary appointments as, restrictions, 16, 17. Written authority for advertising required, 1201. HOURS OF LABOR for Employees to be not less than seven, 48. Extension of, if work is in arrears, 49. Extension of, permitted, 48. ILLUSTRATIONS. See, this title, Reports. LABORERS. See also, this title, Employees. Authority to employ, 25. Compensation, 44. Employment, restrictions, 27, 28. LAW BOOKS Purchase from contingent funds, 78. Specific appropriation necessary, 78. LIBRARIES Depositories of public documents, 125, 125a. MAGAZINES. See this title, Periodicals. MECHANICS. See this title, Laborers. MESSENGERS. See also this title, Employees. Compensation, 44. Employment authorized, 25. Employment, restrictions on, 27, 28. NEWSPAPERS. See also this title, Periodicals. Advertisement in. See this title, Advertise- ments. Expenditures for, limited, 76. Purchases from contingent funds limited, 77. OATHS. See this title, Employees. OFFICERS. See also this title, Employees. Estimates for compensation of, 95. Payment from contingent funds prohibited, 28, 32. Performing duties of another office, pay, 18. PERIODICALS. See also this title, Newspapers. Purchase of, from contingent funds restricted,78. Subscriptions for, payment in advance, 77a. PERSONAL SERVICES. See this title, Employees. EXECUTIVE DEPARTMENTS Continued. POSTAGE STAMPS. See this title, Supplies. PRINTING AND BINDING FOR. See also this title, Documents. Appropriations chargeable, 114. Detail from Printing Office for, 33. Estimates for, 94. Estimates furnished by Public Printer, 114. Illustrations, restrictions on, 116. PROPERTY Inventories and returns, 109, 110. Purchase of arms for protection, 830, 847. Regulations for returns, 1259. RECORDING CLOCKS Use, in Washington, foibidden, 121. REPORTS Annual by heads, time for, 104. Annual when furnished Public Printer, 106. Failure to make required, penalty. 110. of Heads, certain matter excluded, 107. Illustrations, restrictions on, 116. of Inefficient employees in estimates, 103. Inventories and returns of public property, 109, 110. Monthly, as to condition of business, 49. Monthly, by chief clerks, 21. Printing, authorized number not exceeded, 117. of Proceeds of sales and other receipts, 101. Quarterly, to President, 108. Regulations for returns of property, 1259. of Typewriters, etc., exchanged, 75a. RETURNS. See this title, Reports. SERVICES. See this title, Supplies. STATIONERY. See this title, Supplies. SUBSCRIPTIONS. See this title, Periodicals. SUPPLIES Adding machines, exchange authorized, 75a. Advertisement for bids, 1196. Contracts for telephone, electricity, etc., 1197. Contracts limited to one year, 1194. Envelopes to be procured by, 254. Exchange of typewriters, etc., authorized, 75a. Open market purchases, 1196. Postage supplied by Postmaster General, 126. Purchase of, restrictions, 75. Purchase through General Supply Committee, 1197. Typewriters, exchange authorized, 75a. TELEGRAPH TO CAPITOL. See Telegraph lines. TYPEWRITERS. See this title, Supplies. USELESS PAPERS Disposition of, 132, 133. VEHICLES Carriages for officers, etc., 82. Purchase of passenger-carrying, resti icted, 82a. VOLUNTARY SERVICE Acceptance of, forbidden, exception, 37, 188. WATCHMEN Employment authorized, 25. Employment, restrictions on, 27, 28. Salary, 44. WOMEN Appointment of, as clerks, 26. Salary, as copyists, 44. EXECUTIVE OFFICES. See President of the United States White House. EXECUTORS: Failure to recognize priority of United States, 222. INDEX. 721 EXPENDITURES: Of a particular office or service, see the specific title. See Appropriations. See Disbursement of public money. EXPERT ACCOUNTANTS: in Inspector General's Department. See Inspec- tor General's Department. EXPERT RIFLEMEN: Additional pay for qualifying, 699. EXTORTION: By officers, etc., penalty, 1252. EXTRA DUTY: Details on. See Details. Pay for. See Pay of enlisted men. EXTRA PAY: Of enlisted men. See Pay of enlisted men. EXTRAORDINARY EMERGENCY: Mississippi River levee work considered, 1227. FALSE CERTIFICATE: Penalty for making, 429. FARRIERS: Designation of, \vith each organization, 703. Pay, additional, acting as horseshoer, 697, 698. FEES: Of a particular officer or in connection with a par- ticular proceeding, see the specific title. of Membership, etc., not paid from United States funds, 81. FELONS: not Accepted for enlistment, 1027. Excluded from admission to Soldiers' Home, 1516 FEMALE NURSE CORPS. See Nurse Corps. FENCES: Destroying, on Government lands, penalty, 1314. FIELD ARTILLERY. See Artillery. FIELD ARTILLERY MATERIAL: Issues of, to militia, 1364. FIELD HOSPITALS. See also Hospitals. Organization of, in Hospital Corps, 768. FIELD MUSICIANS: at Military Academy, pay and allowances, 1166. FIELD OFFICERS: Detached service, eligibility for, restricted, 938. in Porto Rico Regiment, 345. Vacancies due to reorganization act, 1101. FILIPINOS. See also Philippine Islands. Appointment of four, to Military Academy, 1143. Treatment of insane soldiers, 1527. FIRE-CONTROL EQUIPMENT: of Militia, transfer in time of war, 1366. FIREMEN: Rate of pay, 695. FIRST LIEUTENANTS. See also Officers, Army. Pay, 635. Relative rank \\ ith Navy, 352. FISCAL AGENTS: Duties as to public moneys, 185. FISCAL OFFICERS: Distress warrants issued against, when, 232. FISCAL YEAR: Begins July 1, each year, 195. FLAG OF UNITED STATES: to Consist of 13 stripes and 48 stars, 1528. Star to be added for each State admitted, 1529. FLAGS: Captured, to be collected, 149. 48985 15 46 FORAGE: no Discrimination on account of location, 557. Furnished officers according to rank, 554. to Officers separated from horses, 559, 560. FOREIGN ARMIES: Observers on duty with, expenses, 673a. FOREIGN DECORATIONS: Acceptance by officers, wearing, etc., 1011. Tender of, to officers, how made, 1012. FOREIGN GOVERNMENTS. See also Foreign decorations. Accepting commission under, 1467. Augmenting forces of belligerent, in United States 1470. Enlisting hi United States for service under, 1468, 1474. Fitting outship in United States for service under, 1469. Furnishing unlawful information, etc., to, pen- alty, 1317i-1317i FOREIGN SERVICE: Additional pay for clerks, etc., 362, 362a, 362b. Commencement, etc., of leaves while on, 663. Enlisted men, counted double time. See Retire- ment, Army. Enlisted men, increased pay for. See Pay of en- listed men. . Nurse Corps, increased pay for. See Nurse Corps. Officers, increased pay for. See Pay of officers. FOREIGN VESSELS: Compelling departure of belligerent, 1473. FOREST RESERVES: Rights of way over, for telegraphs, etc., 1282, 1283. FORGERY: Bonds, bids, public records, etc., penalty, 131. FORMS: for Accounts prescribed by Comptroller, 200. Public Printer to furnish departments, 112. for Returns to Returns Office, 1214. FORT BAYARD GENERAL HOSPITAL: Commutation of rations for patients in, 612. FORT LEAVENWORTH, KANS.: Transfer of Military prison to, 475. FORTIFICATIONS: Appropriations, disposition of balances, 192. Constructed by contract, after advertisement, 806. Donations of sites for, acceptance, 804. Employment of draftsmen for, 818. Enlisted men may aid and oversee work on, 797. Erection of temporary, in emergencies, 259, 805. Examination of title to lands acquired as sites, 258 Obtaining, communicating, etc., unlawful infor- mation concerning, penalty, 1317i-1317^. Officers constructing, to disburse moneys, 807. Procurement of sites by condemnation, etc., 802. Sites, expenditures for, restricted, 803. Sites for, donated, acceptance, 804. Sites for, to include sites for barracks, 803. Trespass upon or interference with, penalty, 1315. FORTS. See also Fortifications. Erection of temporary, in emergencies, 259, 805. Examination of title to land acquired as sites, 25<*. FRANKING PRIVILEGE. Seealso Mailmatter. Extended to all officers of United States Govern- ment, 255. FRAUD: in Connection with claims. See Claims. Offering bribe to officer to commit, penalty, 1251. Officers investigating, may administer oaths, 64. 722 INDEX. FRAUDULENT ENLISTMENT: Constitutes military offense, 1033. FREIGHT: on Ordnance issued, not to be paid, 848. FUEL. See also Forage. Certificate of inspection attached to voucher, 1244. in District of Columbia, regulations, 1242-1244. Furnished officers according to rank, 554, 555. Inspection, in District of Columbia, 1243, 1244. FUNDS. See also Public moneys. Exchange of, restrictions upon, 401. Of Soldiers' Home. See Soldiers' Home. FUNERAL EXPENSES. See Burial expenses. FURLOUGH: into Army Reserve, 1031. Commutation of rations of enlisted men, 611. Medical care of officers, etc., while on, 776. GARDENER: in Office of Chief of Staff, 362, 362a. GARDENS. See Military posts Gardens. GARRISON COURTS-MARTIAL: See also Articles of War. See also Courts- Martial. Jurisdiction restricted, 924. GAS: Proceeds of sales of, at Military Academy, 1178. GENERAL: Fuel and forage allowed, 554. Pay, 635. GENERAL ARMY SERVICE DETACHMENT: at Military Academy, 1170. GENERAL COURTS-MARTIAL. See Courts- Martial. GENERAL GRANT NATIONAL PARK: Detail of troops for protection, 1301. Rights of way through, 1282. GENERAL OFFICERS. See Officers, Army. GENERAL PRISONERS: See also Disciplinary Barracks. See also Military prison. Restoration to duty, 488a, 488b. GENERAL STAFF CORPS. See also Chief of Staff. Aids-de-camp not authorized, 369. Chief of Artillery to be additional member, 370. Chief of Division of Militia Affairs to be additional member, 371. Civilian employees. See Chief of Staff. Composition, 366, 367. Details in, for period of four years, 366. Duties, 368. Establishment, 365. Expenses of observers, how paid, 673a. GENERAL SUPPLY COMMITTEE: Duties, etc., 1197. GOETHALS, GEORGE W.: Promoted to major general, 927b, 927e. may Retire, on application, 927j. Thanks of Congress tendered, 927a. GORGAS, WILLIAM C.: Promoted to major general, 927b, 927e. may Retire, on application, 927j. Thanks of Congress tendered, 927a. GOVERNMENT: Republican form, guaranteed States, 1414. GOVERNMENT HOSPITAL FO^v INSANE: Admission of insane of Army, 1524, 1525. Establishment of, in District of Columbia, 1524. GOVERNMENT PRINTING OFFICE: Details of employees from, restricted, 33. GOVERNMENT PUBLICATIONS: Depositories of, designated, 125, 125a. GRADUATES: of Army schools for bakers and cooks, 1188. of Military Academy. See Military Academy. GRAND ARMY OF REPUBLIC: Loans or gifts of condemned ordance, etc., 849. Unlawfully wearing badge of, penalty, 1025. GRATUITOUS ISSUES: of Clothing. See Clothing, Army. of Ordnance. See Ordnance. GRATUITY: Beneficiary to receive, to be designated, 1061, 1062. GUAM: Merchandise for, by Army transports, 530. Passengers to, by Army transports, 528. GUANO ISLANDS: Protection of rights of discoverer, 1479. GUN CARRIAGES: Appropriation for tests of, 878. GUN COMMANDERS: Additional pay for qualifying, 699. Authorized number of, not to be increased, 700. GUN FIRE: Claims for damages caused by, 162. GUN POINTERS: Additional pay for qualifying, 699. Authorized number, not to be increased, 700. GUNNERS: First and second class, pay for qualifying, 699. Master, rate of pay, 695. GUNS. See Cannon. HABEAS CORPUS: Application for writ, 269. Conditions under which writ may issue, 268. Directed to one in possession of boly, 270. Disposition of party on summary hearing, 275. in Hawaii, suspension of, 1478. Hearing within 5 days after return of writ, 274. Issue of writ, allowance and direction, 270. Issue of writ, courts empowered, 266. Issue of writ, powers of Federal judges, 267. Prisoner in jail, 268. Return, form prescribed, 272. Return, production of body, 273. Return, time prescribed, 271. Summary hearing, 275. Suspension of writ, 276. HARBOR DEFENSES: Trespass upon, penalty, 1315. HARBOR WORKS. See River and harbor works. HAWAII: Assignment of pay of surgeons in, 740. Employment of military force in, 1478. Enlisted men, service in. See Pay of Enlisted men; see Retirement, Army. Habeas corpus, governor may suspend, 1478. Leases of lands in, for military purposes, 1292. Milith, election of officers, law not to apply, 1376. Militia laws of United States to apply, 1376. Nurse Corps, no additional pay for duty in, 771. Posse comitatus, governor may summon, 1478. HAZING: at Military Academy. See Military Academy. HEADQUARTERS: Detail of clerks to War Department, forbidden, 31, 362b. Employees at, classification and pay, 362, 362a, 362b. Establishment of, Secretary of War to direct, 364. INDEX. 723 HEADS: of Bureaus. See Executive departments Bureaus, of Departments. See Executive departments. HEALTH LAWS: State, to be observed by United States officers, 1402. HEAT AND LIGHT: See also Fuel. Furnished officers, limitations upon, 556. HIGH SEAS: Jurisdiction over offenses or seizures on, 309, 301. Property captured on, condemnation, 302. HODGES, H. F.: Promoted to brigadier general, 927b, 927e. may Retire, on application, 927j. Thanks of Congress tendered, 927a. HOLIDAYS: Annual leaves of employees not to include, 52. in District of Columbia, days constituting, 53. Labor Day made legal holiday, 56. Per diem employees to receive pay, 54, 55. HOMES FOR DISABLED VOLUNTEER SO*L- DIERS. See National Home for Disabled Volun- teer Soldiers. HOMESTEADS: Acquired by soldier, how, 1270. Deduction for military service, 1271. Entry by agent of soldier, 1273. Military service equivalent to residence, 1272. Widow or children entitled to patent, 1271. HONORABLE DISCHARGE. See Discharge. HONORABLE SERVICE ROLL: Establishment of, forbidden, 38. HORSES: Allowance to Indian Scouts who furnish, 334, 696. Allowance to regimental quartermasters, 554. Appropriations for, restrictions upon use, 541. Condemned, issue to Militia, 1364c. for Field Artillery, Militia, number and care, 1364a Furnished officers below major, 637. Issues to Militia, 1364b, 1364c. Open market purchases of, 541, 542. Polo ponies for Military Academy, 542. Purchase, after advertisement, 539, 540. Purchase of, and mules after advertisement, 1235. Purchase, from officers ordered abroad, 558. Purchase, for issue to militia, 1364b. Purchase, limitation upon, 537, 538. Purchase, regulations for, 541, 542. Purchase, transportation from place of, 561. Sale of, in Indian Country. See Indian Country. Shelter and shoeing of officers', 559, 560. Transportation of authorized number, 561. Transportation, excess over authorized, 527. HORSESHOER: Additional pay to horseshoer, 698. Designated, one with each organization, 703. HORSE SHOWS: Expenses incident to, restrictions upon, 543. Officers, etc., may be directed to attend, 543. HOSPITAL ATTENDANTS: Gratuitous issue of clothing to, 572. HOSPITAL CORPS: Acting cooks, pay, 695. Ambulance companies, organization, 76S. Companies of instruction, organization, 70s. Composition, 756, 757. HOSPITAL CORPS Continued. Comprises part of Medical Department, 728. Detachments, organization, 768. Enlisted men, pay, 763-765. Enlisted men, transfers to, from Army. 766, 1^37. Field hospitals, organization, 768. Hospitals. See Hospitals. Noncommissioned officers, rank and pay, 763-765 Nursa Corps. See Nurse Corps. Organization, 756, 757. Privates, detail as acting stewards, 767. Privates, number and duties, 766. Privates, rate of pay, 698. Sergeants first-class, pay, 695. Stewards. See Hospital stewards. HOSPITAL MATRONS: Employment of, authorized, 773. Entitled to one ration daily, 598. Pay and allowances, 774. HOSPITAL STEWARDS: Acting, eligible for appointment, 767. Appointment, examinations for, 760. Appointment and number, 758, 759. Appointment, qualifications for, 761. Quarters for, constructed by contract, 550. Quarters for, constructed at posts designated, 762 Quarters, Secretary of War to locate, 550. HOSPITALS. See also Hospita 1 Corps. Command of, by contract surgeons, 739. Command of, by volunteer officers, 1393. Commutation of rations for patients, 612. Matrons. See Hospital matrons. Nurses. See Nurse Corps. Private treatment of Army personnel in, 776, 776a. Stewards. See Hospital stewards. Supplies for sick in, what to include, 775. HOTEL: at Military Academy, disposition of receipts, 1178 HOURS OF LABOR: in Executive departments. See Executive de- partments. for Laborers, etc. See Laborers. HOUSE OF REPRESENTATIVES. See Con gress. HYGIENIC LABORATORY: Surgeon General member advisory board, 781. ICE: for Enlisted men, where directed, 594. Sale of surplus from Government plants, 521. ILLUSTRATIONS: Restrictions on number printed, 116. INCAPACITATED PERSONS: as Employees, payments to, forbidden, 39. INDEBTED TO UNITED STATES: Compensation not paid one, 693. INDIAN AGENTS: Compensation for extra services, 1398. Compensation for subagent, 1398. Detail of Army officer as, 1396, 1397. Issuo of goods and money to Indians, 1399 Salo by, of live stock, 1401. Secretary of Interior to control, 940, 1397. INDIAN COUNTRY. See also Indian agents: see also Indian scouts' see also Indians. ARRESTS of Indians by military force, 1412. of Persons unlawfully in, etc., 1410. 724 INDEX. INDIAN COUNTRY Continued. Distilleries. See this title, Intoxicating liquors. EMPLOYMENT OF MILITARY FORCE in Apprehension of persons unlawfully in, 1410. in Arrest of Indians charged with crime, 1412. Limit of period of detention of persons, 1411. in Preventing etc. hostilities between tribes, 1412. in Removal of persons unlawfully in, 1409. in Removal of unauthorized settler, 1400. INTOXICATING LIQUORS Distilleries for making, setting up, penalty, 1407. Found concealed in, disposition, 1406. Introducing prohibited, penalty, 1403, 1404. Introduction may be authorized, 1403. 1404. Prosecution of Army personnel for introducing, 1408. Search for concealed, to be instituted, 1406. Wines for sacramental purposes, 1405. PROHIBITED ACTS. See also this title, Intoxicating liquors. Cutting, etc., trees, 1311. Removing live stock without authority, 1402. Settling upon, making survey, 1400. INDIAN RESERVATIONS. See Indian country INDIAN SCOUTS: See also Indian country. may Enlist in Regular Army, 334. who Furnish horses, etc., additional pay, 334, 696. Pay and organization, 696. Restrictions upon purchase of horses, 539, 540. INDIAN TRIBES: Preventing, etc., hostilities between, 1412. INDIAN WARS: Records of, disposition, 441. INDIANS. See also Indian country. Arrest of, by military force, 1412. Issuance of rations to, may be authorized, 599. Issues of goods and money to, 1399. Permits to enter Texas, limitation upon, 1413. Purchases from, in open market, 1240. Sale, etc., of liquors to. See Indian country. Sale of live stock for, 1401. INFANTRY: Bands, composition and organization, 1099. Chaplains for each regiment, 902. Colored, two regiments authorized, 1096. Companies, composition, etc., 1097, 1098. Details on regimental staffs, officers available, 1100. Regiments, composition and organization, 1095. Reorganization act, vacancies due to, 1101-1103. Volunteer, medical personnel, 1385. INJUNCTIONS by Persons aggrieved by distress warrants, 234, 235. INJURY of Laborers, etc. See Laborers. INSANE PERSONS: California Asylum for, 1526. Filipino soldiers, treatment of, 1527. Government asylum for. See Government Hospi- tal for Insane. INSIGNIA. See also Badges; Medals of Honor. Wearing unlawfully, penalty, 1025. Worn in lieu of medals of honor, 1014. INSPECTIONS: Of an office or establishment. See fh e specific title. See also Inspector General's Department. of Accounts. See Accounting of public money. of Fuel. See Fuel. of Militia. See Militia. INSPECTOR GENERAL'S DEPARTMENT: ASSISTANT INSPECTOR GENERAL Assistant adjutants general may act, 437. COMPOSITION, 459. EXPERT ACCOUNTANT Actual expenses only, for sea travel, 682. Authorized, 460. Entitled to mileage allowed officers, 682. INSPECTIONS BY of Disbursing officers' accounts, 412, 461. of Military prison accounts, 479. Reported to Congress, 413, 462. of Soldiers' Home, 464. of Volunteer Soldiers' Homes, 463, 463*. OFFICERS Promoted according to seniority, 459. Vacancies, how filled, 459, 936. INSPECTORS of Fuel, District of Columbia, 1243. of Small arms practice, militia, 1357. INSTRUCTORS at Military Academy. See Military Academy. at Service Schools, leaves of absence, 1187. INSULAR AFFAIRS, BUREAU OF: Assistant to Chief, detail of, 157-159, 384. Chief, appointment of, 156. Chief, rank, pay, etc., 155, 156. Details with, detached service law, 938|. Division of Insular Affairs, continued, 155. Scope of business of, 155. INSURRECTION: CAPTURED OR ABANDONED PROPERTY Trading in, by persons in military service, 1432. COMMERCIAL INTERCOURSE Aliens included in prohibition against, 1422. Fraud, investigations to detect, 1426. may be Licensed to certain extent, 1423, 1424. in Loyal sections controlled by insurgents, 1421. Offenses against restrictions, penalty, 1425. Prohibitions, extent of, 1422. Transportation of suspected goods forbidden, 1431. CONFISCATION OF PROPERTY Condemnation proceedings, where had, 1428. Condemnation proceedings, who may institute, 1430. Goods coming from hostile sections, 1420. on Inland waters, not maritime prize, 1429. Proceeds, disposition of, 1430. Transported against orders, 1431. Used in aiding insurrection, 1427. Customs duties, 1433-1436. PORT OF ENTRY Change of, by President, 1433-1436. Closing authorized, 1438. Proclamation to disperse, 1419. in States. See States. STATES IN INSURRECTION Declaration of President, 1420. SUPPRESSION Military forces may be used, 1417, 1418. Militia may be called, 1415, 1417, 1418. NATIONAL CEMETERIES. See Cemeteries. INDEX. 725 INSURRECTION-Continued. VESSELS Attempt to enter closed port, forfeiture, 1436. Clearance, bond for specified delivery, 1440. Clearance, refused, when, 1439. Confiscated, when, 1420. Employment of, collecting revenue, 1437. of Insxirgents, when forfeited, 1438. Seized, condemnation proceedings, 303. INTEREST: on Claims, not until after judgment, 290. on Deposits by enlisted men, 717. INTERIOR DEPARTMENT: Contracts filed in Returns Office, 1211. Records of Indian wars transferred from, 441. INTOXICATING LIQUORS: Sale, at Army posts, etc., prohibited, 1295. Sale, etc., to Indians. See Indian Country. Sale, within 1 mile of Soldiers' Home, forbidden, 1523. INVASION: Militia may be called forth to repel, 1339, 1340. INVENTIONS. See also Patents. Expenditure of public money upon, restricted, 876. Patentable, expenditures at armories, 865. Suits upon, jurisdiction of Court of Claims, 299. IRON AND STEEL, BOARD FOR TESTING. See Ordnance Department. ISTHMIAN CANAL. See Panama Canal. JUDGE ADVOCATE GENERAL'S DEPART- MENT: Acting judge advocates, detail, 469. Composition, 465. Details not covered by detached-service law 384, 937. Judge advocate General, duties, 471. Judge advocates. See Judge advocates. Military prison. See Military prison. Number of majors increased, 466. Promotions in, how made, 467. Vacancies in, method of filling, 468. JUDGE ADVOCATES. See also Courts-martial. See also Judge Advocate General's Department. to Administer oaths, for certain purposes, 473. Appointment, qualifications, 468. Assignment of one to Military Academy, 1116. Detail of acting, 469. under Direction of Judge Advocate General, 470. Duties, 470. Number increased, 466. JUDGMENT: on Claims. See Court of Claims. JURISDICTION: of a particular court. See the court. over Claims. See Claims. over Offenses on high seas, 300. JURY SERVICE: Employees of armories exempted from, 860. JUSTICE, DEPARTMENT OF. See also Execu- tive Departments. Attorney General. See Attorney General. Officers and employees, duties, 138, 263. KNOT: Worn in lieu of medal of honor, 1017. LABOR DAY: made Legal holiday, 56. LABOR, DEPARTMENT OF. See Secretary o f Labor. LABOR, HOURS OF: in Executive departments. See Executive de- partments of Laborers, etc. See Laborers. LABORERS: Beneficiary in case of death from injuries, 67. Compensation for injury, to whom payable, 69. in Departments. See Executive departments. Eight hours to constitute day's work, 1218, 1219. Evidence of disability, etc., to be furnished, 68. at Headquarters, etc., pay, 362, 362a, 362b. Injured in course of employment, compensation, 66-72. Report of accidents, 71. LAND FORCES. See also Army: Militia; Vol- unteer Army. Component parts, 328, 329, 1382. Organization in exigencies, 1385. Strength of, in time of war, 1391. LAND-GRANT RAILROADS. See Bond-aided railroads. LANDMARKS: Declared national monuments, 1285. LANDS INDIAN. See Indian country. LANDS, PUBLIC See Public lands. LARCENY: of Public property, penalty, 1263. LAUNDRIES: Government steam, restriction on work, 521. LAUNDRYMEN: at Recruit depots, provisions for payment, 723. LAW: Determination of questions of. See Attorney General. LAW BOOKS: Purchase of, restricted, 78. LEASES: of Lands in Hawaii for military posts, 1292. of Public lands, 1279. LEAVES OF ABSENCE: Arsenals. See Armories and arsenals. Executive departments. See Executive depart- ments. Military Academy. See Military Academy. Nurse Corps. See Nurse Corps. of Officers. See Officers, Army Absence. LEGAL SERVICES. See Attorney General. LETTERS. See also Mail matter. Military convicts privileged to send and receive, 489. Official, sent free of postage, 252. Penalty for franking private, 253. of Soldiers may be forwarded unpaid, 251. LIABILITIES. See Outstanding liabilities. LIBRARIES: Certain, made depositories of documents, 125, 125a. LIBRARY OF CONGRESS: Chief of Engineers granted use, 800. LICENSES: to Conduct commerce with insurgents, 1423-1426. LlKl'TKNAXT, ARMY: of a particular arm of the service, see the specific title. First. See First lieutenants. Fuel and forage allowed, 554. 726 INDEX. LIEUTENANT, ARMY Continued. Navy, relative rank with Army, 352 Second. See Second lieutenants. LIEUTENANT COLONEL, ARMY: Fuel and forage allowed, 554. Maximum pay, including longevity, 654. Pay, 635. Relative rank with Navy, 352. LIEUTENANT COMMANDER, NAVY: Relative rank with Army, 352. LIEUTENANT GENERAL, ARMY: Fuel and forage allowed, 554. Pay, 635. Relative rank with Navy, 352. Termination of office, 350. LIFEBOATS: Equipment of Army transports with, 536. LIGHT. See Heat and light. LIGHT ARTILLERY. See also Artillery. Recruit depot; school for instruction, 1186. LINE OFFICERS. See Officers, Army. LINES OF COMMUNICATION: Establishment of, as President may direct, 1385. LIQUORS. See Intoxicating liquors. LONGEVITY PAY. See Pay of Officers. LOYAL STATES: during Insurrection. See Insurrection. LUMP-SUM APPROPRIATIONS. See also Ap propriations. Estimates for, 96, 96a. Expenditures from, restrictions, 35. Payment of additional salaries to employees from, prohibited, 35a. MACHINE-GUN DETACHMENTS: Volunteer forces, organization, 1385. MACHINE-GUN UNITS: Duty with, not deemed detached service, 938J. MAGAZINE RIFLES: Issue to rifle clubs and schools, 954a, 954b. Sale, to rifle clubs, 1367, 1368. MAGAZINES. See Periodicals. MAIL MATTER. See also Postage. Envelopes. See Envelopes. Franking privilege extended, 255. Letters. See Letters. Penalty for franking private, 253. ' Registry of official, free of postage, 257. Return penalty envelopes may be used, 256. MAILS: Obstructing, penalty, 1465. MAJOR, ARMY: In a particular arm or department, see the specific title. Fuel and forage allowed, 554. Maximum pay, including longevity, 654. Pay, 635. Relative rank with Navy, 352. MAJOR GENERAL, ARMY: In a particular arm or department, see the specific title. Command, of what consists, 356. Entitled to three aids, 351. Fuel and forage allowed, 554. Pay, 635. Relative rank with Navy, 352. Staff of, 358-360. MANCHU LAW: Provisions and scope, 384, 937-938J. MANEUVERS: Damages to private property caused by, 162. by Regular Army and militia, 1296-1298. MARINE CORPS: Army supplies furnished while on shore duty, 517. Articles of War, when subject to, 305. Deceased officers and men, settling accounts, 1060. Purchase of ordnance by officers, 843. Purchase of quartermaster supplies by officers of, 588a. Purchase of subsistence by personnel of, 588. Rations furnished, serving with Army, 590. Sale of stores to Army personnel, 588. Shore duty, subject to, 304. Transfer to, by enlisted men, 1036. MARITIME PRIZES: Captures on inland waters not considered, 1429. MARKSMEN: Additional pay for qualifying, 699. MARSHALS: Fees in civil rights actions, 1451. Warrants and process to be executed by, 1450. MASTER ELECTRICIANS: in Quartermaster Corps, number, 506a. Rate of pay, 695. MASTER GUNNERS: Rate of pay, 695. MASTER OF THE SWORD: Military Academy, pay, etc., 1131, 1132. MATERIALS: American, to have preference, 1205,1234. Bonds to cover payments for, 1217. Proceeds of sales of old, disposition, 404. MECHANICS. See also Laborers. Designated as horseshoer, pay, 703. Eight hours to constitute day's work, 1218, 1219. Executive departments, employment restricted, 28. in Field Artillery, pay, 697, 698. MEDALS OF HONOR. See also Badges; Insignia. Appropriation available for, 1017. ISSUE OF to Militia and Volunteers, authorized, 1385. to Persons after separation from service, 1014. by President authorized, 1013. REPLACEMENT of Lost, 1015. of Worn-out, 1016. Rosettes or insignia worn in lieu, 1014, 1017. MEDICAL CORPS. See also Medical Depart- ment. APPOINTMENTS Contract surgeons eligible, 733. Examination by medical board, 732. Limitation upon annual number, 734. Composition, 729. Comprises part of Medical Department, 728. OFFICERS Assignment to duty by Secretary of War, 741. Attendance on families of officers and soldiers, 742. Command, rank gives no right to, 355. Cooking by enlisted men, superintendence, 74 5. Rank and precedence, 730, 731. Record of sick and wounded, 439. Saving clause in reorganization act, 737. INDEX. 727 MEDICAL CORPS Continued. PROMOTIONS According to seniority, 734. after Examination, 735, 736. Examination, effect of failure, 735, 736. Limitation upon annual number, 734. MEDICAL DEPARTMENT: Accounts, settlement with other bureaus, etc., 775a. Composition, 728. Contract dental surgeons. See Contract dental surgeons. Contract surgeons. See Contract surgeons. Dental Corps. See Dental Corps. Dental Surgeons. See Dental surgeons. Employment of civilian physicians, 779. Enlisted men. See Hospital Corps. Hospitals. See Hospitals. Hospital Corps. See Hospital Corps. Hospital Matrons. See Hospital matrons. Hospital Stewards. See Hospital stewards. Major general, office to cease on vacancy, 927g. * Medical Corps. See Medical Corps. Medical Reserve Corps. See Medical Reserve Corps. Nurse Corps. See Nurse Corps. Officers. See Medical Corps. Sanitary equipment, loan to Red Cross, 775b, 775c. Supplies, sale to American Red Cross, 775a. Surgeon General. See Surgeon general. Surgeons. See Surgeons, Army. MEDICAL INSPECTORS: of Volunteer forces, 1393. MEDICAL RESERVE CORPS. See also Medi- cal Department. Assignment to active duty, restrictions, 746. Appointments, contract surgeons eligible, 745. Appointments, rights and privileges, 744. Comprises part of Medical Department, 728. Officers, when subject to Army regulations, 747. Pay of members on active duty, 747. Pensions to members, restrictions, 748. President authorized to discharge members, 746. Rank of members while on active duty, 744. Retirement of members, 748, 749. MEDICAL TREATMENT: of Army personnel in private hospitals, 776, 776a. of Families of officers and soldiers, 742. MEMBERSHIP FEES: Payment from public money restricted, 81. MEMBERS OF CONGRESS. See Congress. MERIT, CERTIFICATES OF. See Certificates of Merit. MESSENGERS: in Army, pay, etc., 362, 362a, 362b. in Executive departments. See Executive de- partments. at Headquarters, restriction on detail, 31. MESS SERGEANTS: Rate of pay, 697. MEXICAN WAR: Enlistments in, desertion charge removed, 449, 450. MEXICO: Employment of armed forces in, justified, 1475a. Exportation of arms to may be prohibited, 1475. Hostility to people of, disclaimed, 1475b. MILEAGE: Of a particular or class of officers, see the specific title; see also Transportation. Accounts computed by mileage tables, 676, 678. Allowance if station changed while on leave, 679. Appropriations for, 688, 689. Computed over shortest route, 675, 678. Deductions, for transportation in kind, 685. Deductions for travel on free, etc., roads, 686, 687- of Officers detailed abroad, 673. of Officers on discharge, 680. Orders involving, to state duty enjoined, 677. Rate of allowance, 7 cents per mile, 678. Secretary of War to define terms of, 671. Travel and duty "without troops" to be defined 671. Travel expenses in lieu of, 680. MILITARY ACADEMY: Academic Board, 1162. . ACADEMIC STAFF not Entitled to separate command, 1114. ADJUTANT Detailed by Secretary of War, 1108. Pay, 1135. APPROPRIATIONS. See, this title, Contingent fund; see, this title, Superintendent. ARMY SERVICE DETACHMENT. See this title, En- listed men. ASSISTANT INSTRUCTORS. See this title, In- structors. ASSISTANT PROFESSORS. See this title, Pro- fessors. BAND Competition with civilian bands prohibited, 1167. Composition, 1166, 1167. Musicians, number and pay, 1165, 1166. Music outside reservation, no extra pay, 1167. BOARD OF VISITORS Appointment, 1174. Duties, 1175. Expenses, 1174. BUILDINGS Erection of churches, when allowed, 1181. Hotel, disposition of rent, 1178. CADET BATTALION Composition, 1158. Encampments and instruction, 1158. CADET MESS Purchases for, 1136. CADETS Appointment of Cadets found deficient, 1162. Candidates' traveling expenses, 1152. Conditional until admitted, 1145. Date of admission changed, 1149. Examination before admission, 1147. One year before admission, 1145. Physical examination, 1148. by President, 1139. Qualifications. See this subdivision, Quali- fications. Courts-martial, 1163, p. 615. Dismissal for Hazing not to be reappointed, 1164. from District of Columbia, 1144. Duties. See this subdivision, Service. 728 INDEX. MILITARY ACADEMY Continued. CADETS Continued. Graduates- Commissioned second lieutenants, 1154, 1155. Commission in Corps of Engineers, 784, 786. Detail as instructor, restricted, 1130. Mileage from home to station, 1157. Pay as second lieutenant, 1156. Hazing Dismissal for, authorized, 1164. Punishment prescribed by superintendent, 1164. at Large, number, 1140. Number- Authorized from States, etc., 1139. Increased, 1141, 1144. at Large, limited to 40, 1140. Oath, 1150. Pay- Commences at admission, 1145. of Graduates commissioned, 1154. Rate, 1153. from Philippine Islands, 1143. from Porto Rico, 1142. Qualifications Age limit, 1146. Educational, 1147. Resident of State, etc., from which ap- pointed, 1139. Service- Articles of service, 1151. Period of, 1151. Place of, as President directs, 1159. Studies- Alcohol and narcotics, 1161. Military instruction, 1158. Sunday study not required, 1160. CHAPLAIN Appointment and term of office, 1133. Pay and allowances, 1133. COMMANDANT OF CADETS Appointment, by President, 1108. to Command battalion of cadets, 1112. Instructor of tactics, 1112. Local rank lieutenant colonel of Engineers, 1110. Pay of lieutenant colonel, 1113. Selected from any arm of service, 1109. Commissary and quartermaster, 1136. Constructing quartermaster, 1137. CONTINGENT FUND Annual accounting, 1178. Creation, 1178. Courts-martial, 1163, p. 615. Dental surgeon detailed, 755. ENLISTED MEN Army service detachment, number, 1170. Army service men, pay, 1169. Artillerymen mustered out and reenlisted, 1168. Cavalry detachments, number, 1170. Engineer detachment, number and pay, 1171. Pay, 1176. Gas. Sale of, 1178. GRADUATES. See this title, Cadets. HAZING. See this title, Cadets. HOTEL Disposition of rent from, 1178. MILITARY ACADEMY Continued. INSTRUCTOES Assistant instructors, pay, 1127. Assistant instructors of tactics, pay, 1128. Detail of graduates as, restricted, 1130. Enumerated, 1106. of Military Hygiene, 1123. Pay, 1125. Retirement status, 1125. Leaves of absence to officers, 1138. LIBEAEY Depository of Government publications, 1173. Depository of public documents, 125. Furnished copy of each Senate Document, 1172. Pay of librarian and assistant, 1134. Subscriptions, for, payment in advance, 1178a. MASTEE OF THE SWOED Creation of office, 1106. Duties, 1131. Line officer to perform duties of, 1131. Pay and rank, 1132. NONCOMMISSIONED OFFICERS See also this title, Enlisted men. Pay, 1176. OFFICERS. See also throughout this title. Detailed from any arm of service, 1109. Enumerated, 1106. Rank, gives no right to command, 1114. Polo ponies, purchase for, 542. PEOFESSOES Appointed by President, 1108. Assistant professor of English, 1122. Assistant professor of history, 1122. Assistant professors, officers detailed as, 1108. Assistant professors of ordnance, pay, 1120. Assistant professors, pay, 1127. Associate professors of mathematics, 1117. Associate professors of modern languages, 1118. Associate professors, rank and command, 1126. Command only in Academy, 1126. Detail of graduates, restricted, 1130. of English, civilians to be appointed, 1121. Enumerated, 1106. of Law, assigned from Army, 1116. of Law, Judge Advocate assigned, 472. of Military hygiene, rank, 1124. of Ordnance and gunnery, 1119. Pay, restrictions, 1125. Rank in Army, 1126. Retirement status, 1125, 1129. PUECHASES. See this title, Supplies. Quartermaster and commissary, 1136. SALES of Gas, 1178. of Unserviceable instruments, 1179. STUDIES. See this title, Cadets. Subscriptions, payment in advance, 1178a. SUPEEINTENDENT to Account annually for contingent fund, 1178. Appointed by President, 1108. Appropriation for contingencies, 1177. Command of Academy, etc., 1111. Court-martial for trial of cadets, 1163, p. 615. Creation of office, 1106. Leave of absence to which entitled, 1115. Leaves of absence to professors, etc., 1138. INDEX. 729 MILITARY AGADEMY-Continucd. SUPERINTENDENT Continued. Pay of colonel, 1113. Rank of colonel of engineers, 1110. Selected from any arm of service, 1109. Supervision by War Department, 1107. SUPPLIES Purchase, by contract or otherwise, 1158a. MILITARY ATTACHES. See also Observers. Detail of retired officers as, 673. Mileage, etc., to which entitled, 958. MILITARY AVIATORS. See Signal Corps- Aviation Section. MILITARY CABLE LINES: Destruction, injury, etc., penalty, 900. MILITARY COMMISSIONS: Personnel, 1385. MILITARY CONVICTS. See Military prison. MILITARY DUTY. See Military service. MILITARY ESTABLISHMENT. See also Army; Militia; Volunteer forces. Permanent, to consist of Regular Army, 330. * MILITARY EXPEDITIONS: in Violation of neutrality, 1471, 1472. MILITARY FORCE. See Employment of mili- tary force. MILITARY HEADQUARTERS: Clerks at, restriction on detail, 31, 362b. Employees, pay, etc., 362, 362a, 362b. Establishment of, 364. MILITARY HYGIENE: Professor of, at Military Academy, 1123, 1124. MILITARY INFORMATION: Expenses of officers detailed to obtain, 673. MILITARY INFORMATION SECTION: Expenses of observers paid from appropriation for, 673a. MILITARY INSTRUCTION: At a particular school, see the specific title. Details of officers as instructors. See Details. MILITARY ORDER OF THE LOYAL LEGION: Unauthorized wearing of badge, penalty, 1025. MILITARY PARKS. See National military paries. MILITARY POSTS. See also Military reserva- tions. Appropriations, expenditures restricted, 803. Bakeries, purchase of equipment, 1237. Barracks. See Barracks. Chaplains. See Chaplains. Commissary sergeants. See Commissary ser- geants. Contracts for repairs, etc., after advertising, 546. Epidemic and contagious diseases, 778. Establishment, Congress must authorize, 1289. Exchanges. See Post exchanges. Gardens, public moneys not expended upon, 518. Ordnance sergeant to be at each, 819. Quartermaster sergeants. See Quartermaster ser- geants. Quarters. See Quarters, Army. Sale of intoxicating liquors at, forbidden, 1295. Schools, purchase of equipment for, 1237. MILITARY PRISON (Sees. 1344 to 1361, R. S., inclusive, relating to the Military Prison were repealed by the act of March 4, 1915. See Dis- ciplinary barracks). MILITARY PRISON-Continued. ACCOUNTS Annual inspection, 479 (repealed). BRANCH PRISONS Authorization, 476 (superseded). Changed to disciplinary barracks, 475a, 475b. COMMANDANT Bond of, 482 (repealed). Powers and duties, 481 (superseded). Record of good conduct kept by, 488 (super- seded). Report cases of solitary confinement, 491 (re- pealed). COMPANIES Organization, 1104. CONTROL Vested in Commissioners of Soldiers' Homa, 477 (repealed). CONVICTS. See this title, Prisoners. DETACHMENT: Composition, 704. Pay of enlisted men, 704. ENLISTED MEN. See this title, Detachment. ESCAPE Officer suffering prisoner to, penalty, 484 (re- Soldier suffering prisoner to, penalty, 485 (re- pealed). E ST A B LISHMENT at Fort Leavenworth, 475 (superseded). at Rock Island, 474 (superseded). GOVERNMENT. See this title, Control. INSPECTION of Accounts, 479 (repealed). Annual, by Secretary of War, 478 (repealed). OFFICERS Composition, 480 (superseded). Detailed by Secretary of War, 480 (superseded). Not to be interested in contracts, 483 (repealed). PRISONERS Discharged, clothing furnished, 494 (repealed). Employment, disposition of proceeds, 486 (re- pealed). Escape. See this title, Escape. Food, bedding, baths, etc., 490 (repealed). Manufacture of military supplies, 487. Privileges as to books, visitors, etc., 489 (re- pealed). Record of good conduct kept, 488 (superseded). Remission of portion of sentence, 488 (super, seded). Restoration to duty, 488 (superseded). Solitary confinement authorized, 491 (repealed). Subject to Articles of War, 493 (repealed). Whipping, branding, etc., prohibited, 492 (re- pealed). Repealing provision, 475a, 475b. MILITARY PUBLICATIONS: Purchase of, for militia, 1354. MILITARY RECORDS: of Indian Wars, 441. of Revolutionary War, 440, 442. of War of 1812, 440. MILITARY RESERVATIONS. See also Milt- tary Posts; Reservations. Arson on, penalty, 1316. Excepted from laws relating to town sites, 1269. Exclusive jurisdiction vested in Congress, 1280. 730 INDEX. MILITARY RESERVATIONS Continued, in Hawaii, leasing of lands for, authorized, 1292. Injury to defense systems, penalty, 1315. Leases of lands within, authorized, 1281. Roads, etc., across, when permitted, 1284. Unlawful entry upon, penalty, 1317. MILITARY SCHOOLS: for a particular school, see the specific title. Militia officers attending, 1334. MILITARY SECRETARIES: to General staff officers, prohibited, 369. MILITARY SECRETARY'S DEPARTMENT. See also Adjutant General's Department; Record and Pension Office. Changed to Adjutant General's Department, 436. Composition, 434. Creation, 434. Promotions in, 434. MILITARY SERVICE: Age limit of citizens liable to, 327. MILITARY SOCIETIES: Badges of. See Badges. MILITARY STOREKEEPER. See also Store- keeper. at White House, retained, 513. MILITARY SUPPLIES. See also Public prop- erty; Supplies, Army. Damage or shortage, charged against pay, 691. Manufacture at military prison, 487. MILITARY TACTICS: Details as instructors of. See Details. MILITARY TELEGRAPH CORPS: Certificates of service in, 458. MILITARY TELEGRAPH LINES. See Tele- graph lines. MILITARY TELEPHONE LINES: Destruction, injury, etc., penalty, 900. MILITARY TRAINS: of Volunteer forces, establishment, 1385. MILITARY TRIBUNALS. See Courts Martial. MILITIA. See also Volunteer Army. AMMUNITION. See also, this title, Arms and ac- coutrements. Exchange of old for new, 1361. Issues to Territorial Militia, 1380, 1381. for Small arms, etc., issue to, 1362. for Target practice furnished by United States, 1360. Ancient organizations to retain privileges, 1327. Apportionment, 1341. APPROPRIATIONS. See also Appropriations. Allotments, purposes for which available, 1355 Apportionment, basis of, 1353. for Anns. See, this title, Arms and accouter- ments. Disbursement of encampment funds. 1329. Payments for mileage from, 628. Purchase of publications frcm, 1354. Use for purchase of supplies, 1354. ARMS AND ACCOUTERMENTS Accountability for lost or destroyed, 1359. Accounted for annually, 1358, 1361. Appropriation for exchange of, 1363. Automatic pistols distributed to, 1370. Distribution to Territories, 1380, 1381. Expenditures reported annually to Congress, 1336. Field Artillery material issued to, 1364. MILITIA Continued. ARMS AND ACCOUTERMENTS Continued. Furnished by Secretary of War, 1361. I ost, examination as to responsibility, 1359. Purchased for cash, not exchanged, 1369. Small arms, new type, issued, 1365. Title in United States, 1358, 1361. Army officers detailed for duty with, 957, 958, 1332. ARTICLES OF WAR When subject to, 1342. ARTILLERY Ccast, withdrawal of fire-control equipment, 1366. BATTALIONS Inspection of small-arms practice in, 1357. BATTERIES Horses for field, number and care, 1364a. Peace strength of men, President may fix, 1326. BOARD OF MILITIA OFFICERS Consultation with Secretary of War, 1337, 1338. Expenses, 1338. BRIGADES Composition in time of war, 357. Inspector of small-arms practice in, 1357. CLOTHING. See also Clothing, Army. Allowance fixed by Secretary of War, 1362. Annual expenditures for, reported, 1336. COMPANIES Composition, 1322. in Peace, President may fix number of men, 1326. CORPS Army, composition, etc., 357. Engineer Corps, number of men in peace, 1326. Hospital Corps, number of men in peace, 1326. Independent corps to retain privileges, 1327. Signal Corps, number of men in peace, 1326. COURTS-MARTIAL Composition, militia officers in majority, 1343. Failure to appear for muster, trial by, 1346. DISTRICT OF COLUMBIA Army officer adjutant general, 1373, 1374. Commanding general, appointment, rank, 1372. Included in term "State or Territory," 1321. President commander in chief, 1371. Retired officer may be detailed adjutant gen- eral, 959. Right of way during parades, 1466. Use of Washington Barracks, 1379. DIVISIONS Composition in time of war, 357. Inspector of small-arms practice in, 1357. DUTIES See also, this title, Service. to Serve upon call of President, 1344. Within or without United States, 1344. ENCAMPMENTS: Joint, allotments may be advanced to States, 1328. Joint, commanding during, 1328. Joint, date of payment and period, 1330. Joint, disbursement of funds for, 1329. Joint, expenses reported to Congress, 1329. Pay for period of service on muster, 1330. Practice marches required, 1331. with Regular Army, 1296-1298. Enlisted men detailed for duty with, 1332. INDEX. 731 MILITIA Continued. ENROLLMENT of Eligible male citizens, 1322. Exemptions from militia duty, 1323, 1324. FIELD ARTILLERY Horses for, limit on, 1364a. Issue of horses to, 1364b, 1364c. OF HAWAII. See Hawaii. HORSES for Field Artillery, number and care, 1364a. Issue of condemned Army horses to, 1364c. Purchase and issue to, 1364b. INSPECTIONS Detail of Army officers as inspectors, 1333. States, etc., to provide for annual, 1331. INSTRUCTION Detail of Army officers as instructors, 1333. Maneuvers. See this title, Encampments. MILEAGE Payments for, from militia appropriations, 628. MUSTER. See also this title, Service. ^. Failure to appear for, penalty, 1346. Rolls during actual service to Adjutant General, 1390. Without further enlistment, 1346. OFFICERS Attending military schools, allowances, 1334. Disbursing officer, accounts, bond, 1356. Disbursing ration fund, bond not required, 1350. Inspectors of small arms practice, 1357. of Territorial, appointed by governor, 1378. of Territorial, how elected, 1377. O RG ANIZ ATION as in Regular Army, 1325. PAY in Actual service, same as Army, 636, 1347. during Camp or field service, 1356. during Captivity by enemy, 720. Commencement of, 1347. Commences at date of reporting, 1349. during Encampment. See this title, Encamp- ments. PENSIONS. See Pensions. PRACTICE MARCHES. See this title, Encamp- ments. RATIONS Commutation, to competitors in rifle matches, 611a. Officers given funds for, not to give bond, 1350. REGIMENTS Inspector of small arms practice in, 1357. RESERVE MILITIA Composition, 1322. Creation, 1322. RETURNS during Actual service, to Adjutant General, 1390. to President, by State adjutant general, 1335. of Strength, annually to Secretary of War, 1335. SERVICE See also this title, Duties. Apportionment among States, 1341. Call to active service, by President, 1339, 1340. Called in advance of volunteers, 1340. Congrass may call forth, 1415. Failure to obey call, penalty, 1346. during Insurrections, 1417-1419. MILITIA Continued. SERVICE Continued. to Suppress insurrection in another State, 1416. Term limited, 1344, 1345. "State or Territory" defined, 1321. SUPPLIES Purchase of publications authorized, 1354. IN TERRITORIES. See also throughout this title. Command vested in governor, 1375. Distribution of arms, etc., 1380, 1381. General officers, how elected, 1377. Officers, appointed by governor, 1378. TROOPS Peace strength of men, President may fix, 1326. USES. See this title, Duties. MINERAL LAND: of United States, not to be leased, 1279. MINES: Injuries to, penalty, 1315. MINORS: Enlistment of. See Enlistment. MINTS: Certain, to be depositories for public funds, 181. MISSISSIPPI RIVER: Improving, exception to eight-hour law, 1227. Issue of forage, officers serving east of, 557. MONEY. See also Public moneys. Soldiers' Home, officers not to borrow, 1513. MONTHLY REPORTS: Of a particular department or office, see the specific title. MONUMENTS: to Soldiers, sale of ordnance for, 840, 84 . MOUNTED OFFICERS. See also Officers, Army. Ordered beyond seas, purchase of horses from, 558. MOUNTED SERVICE SCHOOL: Depot for certain recruits, 1186. Establishment, purpose, 1186. Theoretical and practical instruction at, 1183. MOUNTS. See Horses. MOURNING: Public buildings not to be draped in, 122. MULES. See also Horses. Purchase of, by contract, after advertisement, 1235. Purchases, limitation upon, 537, 538. MUNICIPAL CORPORATIONS: Loans or gifts of condemned ordnance to, 849. MUSEUMS: Permits for examination of ruins, 1286, 1287. MUSICIANS. See also Bands. Rate of pay, in Army, 698. MUSTER ROLLS: of Militia. See Militia. Overdrawn clothing charged soldiers on, 574. of Volunteers. See Volunteer Army. MUSTERS: of Militia. See Militia. of Volunteers. See Volunteer Army. NAME: Cerincates of discharge in true name, 1048. NARCOTICS: Study of, at Military Academy, 116*. NATIONAL BANKING ASSOCIATIONS: Designation as depositories of public funds, 182. NATIONAL BANKS: Designated as depositories, report of, 183. 732 INDEX. NATIONAL CEMETERIES. See Cemeteries. NATIONAL DEFENSES: Obtaining, communicating, etc., unlawful infor- mation concerning, penalty, 1317J-1317|. NATIONAL FORCES. See also Army; Land forces; Military establishment; Militia; Volunteer Army. Composition, 327. NATIONAL GUARD. See Militia. NATIONAL HOMES FOR DISABLED VOL- UNTEER SOLDIERS. See also Soldiers' Home. Insane of, disposition, 1526. Inspection by Inspector General, 463, 463. Obsolete cannon may be furnished, 160, 850. Receipts and disbursements, inspection, 463. NATIONAL MILITARY PARKS. See also Military posts; National parks. Camps for military instruction, 1297. Fields for joint maneuvers, 1296. Regulations for maneuvers upon, 1296. NATIONAL MONUMENTS: Landmarks, etc., may be declared, 1285. NATIONAL MUSEUM: Transportation of property for, 532. NATIONAL PARKS. See also National military parks. Detail of troops for protection, 1300, 1301. Rights of way over, revocation, 1282. NATIONAL QUARANTINE. See Quarantine. NATIONAL RIFLE MATCH: Rations to certain competitors, 611a. NATIVE ORGANIZATIONS. See also Philip- pine Scouts; Porto Rico Regiment. Pay of enlisted men, limitation upon, 338. Pay of provisional officers, 338. NATURALIZATION. See also Citizenship. of Aliens honorably discharged from Army, 1064. of Aliens honorably discharged from Navy or Marine Corps, 1065. of Alien seamen on United States merchant ves- sels, 1066. NAVAL APPROPRIATION ACTS: Contracts under, eight-hour law to govern, 1228, 1230. NAVAL DETACHMENTS: on Shore duty, equipage, rations, 517, 590. NAVAL FORCES: Property captured on inland waters, 1429, 1430. NAVY: Deceased officers and men, accounts, 1060. Detachments on shore duty, equipage, etc., 517. Detachments on shore duty, rations, 590. Detail of officers to inspect transports, 306. Enlisted men, transfer to Navy from Army, 1036. Loan of sanitary equipment to Red Cross, 775b, 775c. Officers may purchase ordnance property, 843. Officers, relative rank with Army, 352. Paymaster's clerks, 630. Purchase of Army stores by Navy personnel, 588. Purchase of Quartermaster supplies by officers of, 588a. Sale of stores to Army personnel, 588. NAVY YARD: Entering to obtain unlawful information con- cerning, penalty, 1317i-1317J. NEGRO TROOPS. See Colored troops. NEUTRALITY: Acceptance of commission from belligerent, 1467. Arming vessels for belligerent power, 1469. Augmenting force of belligerent vessels, 1470. Clearance to vessel may be refused, 1469a. Employment of military force in enforcing, 1472, 1472b. Enlisting in United States in belligerent army, 1468, 1474. Expulsion of armed vessel, 1473. Military expedition, starting in United States, penalty, 1471, 1472. Proclamation against shipment of arms, 1475. Vessels departing without clearance, penalty, 1469b, 1472a, 1472b. NEW MEXICO: Peonage abolished, 1455, 1456. NEWSPAPERS. See also Periodicals. Advertisements in. See Advertising. Expenditures for, by Executive departments, 76, 77. Subscriptions, certain paid in advance, 520, 801, 1083a, 1178a. Subscriptions for Coast Artillery, 1083a. Subscriptions for Corps of Engineers, 801. Subscriptions for Military Academy, 1178a. Subscriptions from quartermaster funds, 520. NOMINATIONS: List of confirmed, etc., to accounting officers, 11. NONCOMMISSIONED OFFICERS. See also Enlisted men. For a particular class of noncom- missioned officers, see the specific title. Coast Artillery, maximum number, 1088. Field Artillery, pay, 1092. in Indian Scouts, 696. Military Academy, pay, 1176. Ordnance Department, returns, 834. Pay, 695. Promotion to second lieutenant, 919. Reduction, courts-martial sentence, p. 615. Retired, detail at colleges, etc., 946. Retirement, after 30 years' service, 713. after Retirement, details to schools, etc., 946. Signal Corps, quarterly returns, 901. Summary court, trial by, p. 615. NURSE CORPS. See also Hospital Corps. Commutation of quarters, 668a, 668b. Composition, 769. Cumulative leave, 771, 772. Hospital Matrons. See Hospital matrons. NURSES Additional pay, limitation on, 771. Appointment by Surgeon General, 769. Burial in national cemeteries, 1309. Cumulative leave, 771, 772. Extra employment of, 777. Number, 769. Pay, 771. Qualifications, 769. Quarters, commutation of, 668a, 668b. Rations, commutation of, 612. Rations in post or regimental hospitals, 598. Rations, while on leave of absence, 611. Removal, by Surgeon General, 769. Reserve nurses, assignment to duty, 769. Traveling expenses, allowance for, 772$. INDEX. 733 NURSE CORPS Continued. Organization, 769. PAY Longevity pay, 771. of Superintendent and nurses, 769, 771. SUPERINTENDENT Allowances, 770. Cumulative leave, 772. Pay, 769, 771. NURSES. See Nurse Corps. OATHS: of a particular officer, see the officer. See also Articles of War. Before whom may be taken, 63. of Cadets, Military Academy, Form, 1150. to Clothing accounts, who may administer, 153. Employees not compensated for administering, 57, 58. Form of oath of office, 59, 60. by Investigating boards or officers, 64. Judge advocates to administer certain, 473. of Office of employees, disposition, 61. of Office, who may administer, 62. in Postal service before military officers, 250. Summary court officers may administer, 473. to Travel accounts, who may administer, 65. OBSERVERS: Additional pay for qualifying as, 699. of Foreign armies in field, expenses of, 673a. Number, not to be increased, 700. OFFICE: of a particular officer, see the officer. Conspiring to prevent person holding, 1445. Disqualification for holding, 130. Holding two offices prohibited, exception, 169, 990. Oath of. See Oaths. Officers accepting civil. See Officers, Army. Recess appointments, confirmation, 168. no Salary unless office exists, etc., 167. OFFICERS. See the officer or the service in which engaged. Army. See Officers, Army. Militia. See Militia. Prohibited holding two offices, exception, 169, 990. Recess appointments, 8. of Volunteers. See Volunteer Army. OFFICERS, ARMY. For a particular class of officers, see the specific title. ABSENCE in Confinement more than 3 months, 993. Intemperate habits or misconduct, 666. Leave, credit for volunteer service, 664. Leave, cumulative for 4 years, 662. Leave, in Philippines without return to United States, 665. Leave, while outside United States, when deemed to commence, 663. Sickness, wounds, etc., 661. Temporarily in field, right to quarters, 552. Without leave, dropped as deserter, 992, 993. Without leave, pay forfeited, 667. ALLOWANCES See also Pay of Army. of Heat and light restricted, 556. Restricted to those provided, 651. APPOINTMENTS by Commission in arm of service, 926. Dismissal by court-martial disqualifies, 991. OFFICERS, ARMY Continued. APPOINTMENTS Continued. of Enlisted men after examination, 919-923. Examining board to determine fitness, 921. of Noncommissioned officers, 919. Order and method, 918. to Staff Corps. See Staff Departments. ASSIGNMENTS. See also Details. Cne regiment to another in all arms, 935. Badges. See Badges. BAGGAGE Lost in military service, 217, 217a. Brevet rank. See Brevet rank. Cadet service, credit for. See Pay of Army; Retirement, Army. CERTIFICATES of Discharge, replacing lost, 1047. of Eligibility. See Certificates of eligibility. CIVIL ( FFICE Accepting or holding, vacates commission, 995. Diplomatic or consular acceptance of, 997. Prohibited being elected to, or holding, 960. CLAIMS OF Accounting officers may remove stoppage, 641. Deductions from, for attorney's fees, 219. for Private property lost, etc., 217, 217a. COMMISSIONS Delivery, 9. Recorded and sealed, 925. to Show appointment in an arm, 926. Commutation of quarters. See Quarters, Army. COURT-MARTIAL. See also Courts-martial. Exempted from trial by special, p. 615. DECEASED. See also Articles of War. Expenses of interment, 1063. Payment to beneficiary, 1061, 1062. Settling accounts, method of, 1059, 1060. Detached service. See Detached service. Details. See Details. DISABILITIES Civil office. See, this title, Civil office. Claims against United States, assisting prosecu- tion, 430. DISCHARGED Evidence of honorably, to be returned, 214. Honorably, title and uniform, 1008. DISMISSED by Court-martial, reappointment, 991. may Demand trial by court-martial, 994. in Time of peace, only by courts-martial, 992. Duties. Pee, this title, Powers and duties. EXAMINATIONS for Appointment, Pee, this title, A ppointments. for Promotion. See, this title, Promotions. Forage. Fee Forage. Foreign decorations. See Foreign decorations. Fuel. See Fuel. Heat and light. Pee Heat and VjU. INDEBTED TO UNITED STATES Pay may be withheld, 694. Medals of honor. Pee Medals o honor. MEDICAL CARE Employment of extra nurses, 777. in Private hospitals, 776. Mileage. Pee Mileage. MOUNTED Additional pay to those who provide mounts 637. Purchase of horses, ordered beyond seas, 558. 734 INDEX. OFFICERS, ARMY Continued. Noncommissioned. See Noncommissioned offi- cers. Oath of office, 59, 60. OFFENSES Claims against United States, accepting inter- est in, 430. Embezzlement of public money, 428. Making false certificate, 429. PATENTS Granted without payment of fees, 863. Pay. See Pay of officers. Pensions. See Pensions. of Philippine Scouts. See Philippine Scouts. of Porto Rico Regiment. See Porto Rico Regi- ment. POWERS AND DUTIES. See also throughout this 'title. Beneficiary to be designated, 1061, 1062. Civil works, employment on, 996. Elections, interference, penalty, 1457-1461. as Indian agents, 940, 1396-1399. Postal Service, may administer oath, 250. Report death of grantor of allotment, 712. Returns, quarterly, of equipment, 573. Returns of signal property, 901. PROMOTIONS All below major to take examination, 930. of Appointees from civil life, 931, 932. of Appointees from volunteers, 931, 932. of Certain, for service with Panama Canal, 927b, 927e, 927h, 9271. Failure to pass examinations, effect, 930. Failure on reexamination, 930. of General officers, restriction, 972. Regimental, act to correct loss by, 929. Reorganization act, vacancies caused by, 1101. Seniority to govern hi making, 927, 987. by Seniority in particular arm, 928. Subject to examination, 933. Temporary, to vacancies caused by volunteer appointments, 1389. Quarters. See Quarters, Army. Rank. See also Rank, Army. by Brevet. See Brevet rank. Relative, of Army and Navy, 352. Relative, of same grade, 353. Relative, reorganization act, not to change, 1102. of Resigned and discharged, 1008. Regimental promotion. See, this title, Promo- tio7is. RESIGNED Title and uniform, 1008. Retirement. Fee Retirement, Army. SALES TO of Commissary stores, 405. of Subsistence stores. See Subsistence depart- ment. SERVANTS Enlisted men not to act as, 1068. Quarters for, not allowed, G70. of Staff Corps. See Staff departments. Staff duty, appointment to, without creating va- cancy, 361. Supernumerary. See Supernumerary officers. Thanks of Congress tendered certain, 927a. Tour of duty in Philippine Islands and Canal Zone, limit of, 330a. OFFICERS, ARMY Continued. TRANSFERS See also Details. from Line to staff, rank in line, 934. One regiment to another in all arms, 935. Transportation. See Transportation. Traveling expenses. See Travel. Uniform. See Uniform, Army. VACANCIES Caused by details to Staff Corps, how filled, 383. Caused by militia detail, how filled, 1333. Caused by reorganization act, 1101. Caused by retirement, 987. in Second lieutenant's grade, how filled, 922. Temporary, caused by volunteer appointments, 1389. "OFFICIAL BUSINESS": Borne on free mail matter, 252. OFFICIAL LETTERS. See Mail matter. OFFICIAL REGISTER: Data as to salaries, etc., for, 111. Data for, furnished Director of Census, 105. OPEN MARKET: Army supplies, purchase in, 1198-1200. Executive departments, purchases in, 1196. Horses may be purchased in, 541, 542. Purchase of subsistence stores in, 589. Purchases from Indians, in, 1240. OPINIONS. of Attorney General. See Attorney General. of Heads of departments, 2. ORDNANCE: See also Ordnance Department. Ammunition. See Ammunition. APPROPRIATIONS See also Ordnance Department. Available two years, 831. Expenses' of manufacture to be prorated, 861. Freight not to be paid from, on issues of, 848. Payment of pressing obligations from, 832. for Tests of gun carriages, 878. Cannon. See Cannon. DEPOTS Chief of Ordnance may establish, 825. Exchange of unserviceable powder and shot, S37. Guns. See Cannon. IRON AND STEEL Board for testing. See Ordnance Department. Machine for testing, 866. ISSUES to Colleges and universities, 942, 950-955. of Condemned to patriotic organizations, regu- lations, 849a. Freight not paid by Government, 848. to Militia. See Militia. of Obsolete to national homes, 850. to Schools and rifle clubs, 954a, 954b. of Small arms material to schools, 955. to State soldiers and sailors orphan homes, 954, 955. LOANS OR GIFTS of Condemned to Grand Army of the Republic, etc., 849. Property. See this title generally. PURCHASES of Articles involving secret process, 829. for Executive departments, reimbursement, 830 SAFE-KEEPING OF Regulations to be prescribed, 835. INDEX. 735 ORDNANCE Continued. SALES- ID American designers, P46. lo American Red Cross, 844. of Armament for sentimental reasons, 845. of Cannon. See Cannon. to Civilian employees of Army, 844. to Educational institutions, 951a, 951b. or Exchange of unserviceable powder and shot, 837. to Executive departments, 842. of Obsolete to patriotic organizations, 839. to Officers of Navy and Marine Corps, 843. Proceeds available for replacing, 838, 840. of Unserviceable powder and shot, 837. Sergeants. See Ordnance Department Enlisted personnel. Stores. See this title generally. ORDNANCE BUREAU: Pay of principal assistant in, 817. ORDNANCE DEPARTMENT: APPROPRIATIONS " Available for payment of expenses of employees, 857a. Collections for damages credited to proper, 845. for Ordnance. See Ordnance. Armories and arsenals. See A rmories and arsenals. Artificers, detail of, 822. Board of Ordnance and Fortifications. See Ordnance and Fortifications, Board of. BOARD FOR TESTING IRON AND STEEL Compensation, 867. Composition, 866. Record of tests, publication 869. Tests for private parties, may make, 868, 869. Testing machines, 866. Bureau, principal assistant, 817. Cannon. See Cannon. Clothing allowance for sergeants, 575. Composition, 809. CONTRACTS Reduced to writing in certain cases, 826. for Steel after advertisement, 827. DISBURSING OFFICERS Payment of pressing obligations, 832. Draftsmen, employment of, 818. EMPLOYEES of Arsenals. See A rmories and arsenals. Office of storekeeper to lapse, 512. ENLISTED PERSONNEL Composition and number, 821. Detail as artificers, 822. Extra duty pay, not to receive, 562. Ordnance sergeants, clothing allowance, 575. Ordnance sergeants, commutation of rations, 611. Ordnance sergeants at each military post, 819. Ordnance sergeants qualifications, 820. OFFICERS Assigned to staff duty, rank and pay, 816. Commanding, to report bimonthly, 836. Detailed, Manchu law not applicable, 384, 937, 813a. Detail, term, etc., 812, 813, 813a. Examination for detail in, 814. Majors, detail of, irrespective of continuous serv- ice in, 813a. Promotion of lieutenants, 386, 787 ORDNANCE DEPARTMENT Continued, OFFICERS Continued. Promotions, according to seniority, 81L Promotions made after examination, 810. Quarters, brick house at proving ground 825 a. Rank from original detail, 815. Term of detail, 813. Vacancies filled by details, 812-815, 936, 813a Ordnance, sale, etc. See Ordnance. Organization, 809. PATENTS to Officers without payment of fees 863. PURCHASES of Articles involving secre process, 829. for Executive department, reimbursement, 831 of Material abroad, free of duty, 828 for Philippine Government, reimbursement 830. Sales of Ordnance, etc. See Ordnance Sergeants. See, this title, Enlisted Personnel. ORDNANCE AND FORTIFICATIONS, BOARD OF: Allowance to officer members, 877 Composition, 870-873. Duties, 870-875. Expenditures on tests, restriction, 87o. Experimental guns, 878. Members not to be interested in inventions before, 874. Salary of civilian member, 873. ORGANIZED MILITIA. See Militia. OUTDOOR RELIEF: by Commissioners of Soldiers' ITome, 1518. OUTSTANDING LIABILITIES: Certificates of Secretary of Treasury as to, 242. Drafts, etc., turned in to Treasury to credit of, 211. Payment of checks which have been turned :n, 243 PACIFIC COAST: Quartermaster supplies on, advertisement neces- sary, 1205. PACKER: in Office of the Chief of Staff, 362, 362a. PAMPHLETS. See Newspapers. PANAMA. See also Pannma Canal. Enlisted men, service in, counted double, 1041. Officers, detached service in, 937, 938*. Officers, detail under government of, 939. Pay, not increased for service in, 644. PANAMA CANAL. See also Panama. Accounts of, examination, 200a. Alien labor, eight-hour law not applicable, 1225, 1226. Payments to for care of Army sick, etc., 776a. Rewards to officers assisting in construction, 927a- 927d, 9271. Tour of duty in Canal Zone, 330a. PAPERS: Useless, disposition, 132, 133. PARADES: Right of way to troops and militia in District o' Columbia, 1466. PARDONS. See also Disciplinary Barracks; Mill- irry Prison. Power to grant, vested in President 2. PARENT: Discharge on account of dependent, 1044. PAROLE: of Military prisoners authorized, 488b. 736 IHDEX. PATENTS: Members Ordnance and Fortification; Board not to be interested in any considered by it, 871. to Officers without fee, when 'or United States, 863. Suits against United States for infringement, 299. PATRIOTIC SOCIETIES: Donation of ordnance to, 849a Sale of obsolete small arms, etc., to, 839. Unlawful wearing o' badges, penalty, 1025 PAY: of Army. See Pay of Army. Clerks. See Pay Department of Employees of arsenals, 854. Military Academy. See Military Academy. of Militia. See Militia. of Paymaster's clerks. See Pay Department PAY ACCOUNTS. See also Pay of officers Assignment by officers, 647, 64S. Assignment, by surgeons permitted, 740. PAY OF ARMY. See also Pay Department. ADVANCEMENT OF PAY at Distant stations, 649. to Troops about to embark, 650 ALLOWANCES Clothing. See Clothing, Army. Forage. See For age. Fuel. See Fuel. Mileage. See Hailenqe. to Officers, limited, 651. Quarters. See Quarters, Army. Rations. See Rations, A rmy. Subsistence. See Subsistence, Army APPROPRIATION Detained pay, repayment from, 727. Disbursed as one fund, 622, 689. Disbursed by quartermaster corps, 689. ARREARS Not to exceed two months, 625. Enlisted men. See Pay of enlisted men. Hospital Matrons. See Hospital matrons. MANNER OF PAYMENT in Advance. See, this title, Advancement of pay. Arrears not to exceed two months, 625. of Enlisted men, certain by check, 627. of Officers, paid monthly, 674. Militia. See Militia. Noncommissioned officers. See Noncommissioned officers. Officers. See Pay of officers. Volunteers. See Volunteer Army. PAY DEPARTMENT: ACCOUNTS Analysis under heads of appropriations, 623. Examination by Paymaster General, .623. Assistant Paymasters General. See Paymaster General. CLERKS, PAY Actual expenses only for sea travel, 682. Appointment authorized, 629. Appointments of, discontinued, 633. Assignment to duty with Paymaster General, 623. Commissary sergeants to act as, 498. Commutation of quarters, 668a, 66Sb. Designation changed, 496. PAY DEPARTMENT Continued CLERKS, PAY Continued. Enlisted men as, 629. Mileage, rates of, 631. Pay ,629, 630. Retirement, age of, etc., 630, 632. Subject to Articles of War, 634. Composition, 613. CONSOLIDATION into Quartermaster Corps, 495. Deputy Paymasters General. See Paymaster General. OFFICERS Bond, amount and condition, 387. Bond, may be increased, 388. Command, rank gives no right to, 624. Promotions according to seniority, 618. Vacancies, how filled, 617, 618, 933. Organization, 613. Paymasters. See Paymasters, Army. Paymaster General. See Paymaster General. PAY OF ENLISTED MEN. For pay of a par- ticular class of enlisted men, see the specific title. See also Pay of Army. ADDITIONAL PAY. See also, this title, Extra duty pay. for Certificates of merit, rate, 719. Increase for reenlistnaent, 1034. Increases in time of war, 705. for Service outside United States, restrictions, 642-644. ADVANCEMENT OF PAY at Distant stations, 649. to Troops about to embark, 650. ALLOTMENT OF PAY to Families permitted, regulations, 711, 712. Assignment before discharge, invalid, 726. during Captivity, 720. Continuous Service. See, this title, Service Pay. DEDUCTIONS. See also, this title, Stoppiges. for Absence due to intemperance, etc., 606. for Absence without leave, 448. Amounts due traders, etc., at recruit depots, 723. for Damages to arms, etc., 690. for Soldiers' Home fund discontinued, 722. Subsistence store?, amounts due, 725. Tobacco, amount due for, 724. Unauthorized absence on 31st, 626. Deposits of pay. See Enlisted men. DETAINED PAY by Sentence of court-martial, repayment, 727. EXTRA DUTY PAY Prohibited if receiving increased pay, 564, 56S. Prohibited in time of war, exception, 567, 705. Rates of, 562, 563. Increased. See this title, Additional pay. MANNER OF PAYMENT in Advance. See, this title, Advancement of pay. by Checks at risk of United States, 627. RATES for Ordinary service, 698. Retained pay abolished, 707. Retired pay. See Retirement Army. Saving clause, 702. Savings. See Enlisted men. IKDEX. 737 PAY OF ENLISTED MEN Continued. SERVICE PAY Credit for service in Philippine Scouts, 710. Credit for service in volunteers, 709. Rate, when paid, etc., 708. STOPPAGES. See also, this title, Deductions. Desertion, removal of charge. See Desertion. by Sentence of court-martial, repayment, 727. Travel pay on discharge, 721. during Suspended sentence of dishonorable dis- charge, 727a. beyond UNITED STATES Rate, restrictions, 642-645. WAR PAY- Increase of 20 per cent, 705. PAY OF OFFICERS. For pay of a particular class of officers, see the specific title. See also Pay of Army. ADDITIONAL PAY Brevet rank does not give, 638. for Exercising higher command, restrictions, 639, 640. for Foreign service, 642-645. below Major, who furnish mounts, 637. for Service outside United States, restrictions, 642-644. Advancement at distant stations, 649. Assignment authorized, 647, 648. DEDUCTIONS. See also, this title, Stoppages. for Absence due to intemperence, 666. for Absence without leave, 661. for Damages to arms, etc., 690, 691. Indebtedness to United States, 694. for Subsistence stores purchased, 692. Forfeiture. See, this title, Stoppages. Increased. See, this title, Additional pay. LONGEVITY PAY below Brigadier general, rate, 652. no Credit for cadet service, 657. Credit for service in Navy, 656. Credit for volunteer service, 655. Limitation upon amount of, 653. Retired officers not to receive, exception, 659. MANNER OF PAYMENT in Advance at distant stations, 649. Monthly by paymasters, 674. Maximum amount for certain, 654. RATES for Different grades, fixed, 635. REPAYMENT TO UNITED STATES for Defect in title to office, etc., 457. Retired pay. See Retirement, Army. Saving clause, 702. Service pay. See, this title, Longevity pay. STOPPAGES. See also, this title, Deductions. Forfeiture by unauthorized absence, 667. Removal by accounting officers, 641. for Unauthorized absence on 31st, 626. beyond UNITED STATES Rate, restrictions, 642-645. WAR PAY When officer holds higher command, 639. PAYMASTER GENERAL. See also Pay De- partment. Deputy paymasters general, duties, 620. Duties, under direction of President, 619. Paymasters. See Paymasters, Army. 48985 15 47 PAYMASTER GENERAL Continued. Paymaster's accounts, to examine, etc., 623. Paymaster's clerks, duty in office of, 623. Table of distances to be prepared by, 676. PAYMASTERS, ARMY. See also Pay Depart- ment. Accounts. See Pay Department. Additional paymasters, appointment, 614. Additional paymasters, duties, 621. Additional paymasters, term of service, 615. Bond, President may regulate and increase, 185. Claims of, for relief, before Court of Claims, 277. Clerks. See Pay Department. Duties, 621. Losses by, without fault, decrees in cases of, 280. PENALTY ENVELOPES. See Envelopes. PENITENTIARIES. See also Articles of War. Officers in confinement in, dropped, 993. Sentences to confinement in, authorized, 475c. PENSION ROLL: Civil, establishment of, forbidden, 38. PENSIONS: ARMY Persons entitled, restriction, 1482, 1493. ASSIGNMENT by Inmates of Soldiers' Home, 1520. Beneficiaries. See, this title, Persons Entitled to Receive. CHILDREN'S PENSIONS Increase for each child under 16, 1497. Rate increased, 1498. Under 16 years of age, entitled, 1496. CIVIL WAR. See also throughout this title. Deserters restored, entitled to pension, 446. CLAIMS Absence on sick leave, how regarded, 1494. Dependent relatives entitled, 1500. DISABILITIES Arm or leg, loss of, 1488. Contracted in line of duty, 1483. Foot or hand, loss of, 1489. Hand and foot, loss of, 1487. Hand or foot, loss of, 1489. Leg or arm, loss of, 1488. Permanent, specific, 1486. Requiring constant attendance, 1490. Requiring frequent attendance, 1491. PAYMENT to Soldiers' Homes of inmates' pensions, 1520. PERSONS ENTITLED TO RECEIVE Children. See this title, Children's pensions. Dependent relatives, 1500. Deserters, after removal of charge, 446, 451. Enumerated, 1481-1483. Medical Reserve officers, restrictions, 748. Militia personnel, disability in actual service 1348. Period of service, 1495. Volunteers, same status as regulars, 1394. Widows. See this title, Widows' pensions. RATES See also this title, Disabilities. According to rank, 1484, 1485. for Disability requiring attendance, 1490, 1491. Division of $18 rate, 1492. for Permanent specific disabilities, 1486. REMARRIAGE of Widow, etc., not to bar right af, 1501, 738 INDEX. PENSIONS Continued. SOLDIERS' HOMES Assignment, etc., of inmates' pensions, 1520. WIDOWS' PENSIONS Addition for each child under 16, 1497. Commencement at death of husband, 1496. Marriage, restrictions as to time, 1499. Rate, etc., 1496. Kate increased, 1498. Remarriage not to bar right of, 1501. PEONAGE: Abolished in New Mexico, 1455, 1456. PER DIEM ALLOWANCE: of Inspectors of Panama Canal accounts, 200a. for Members Ordnance Board, 877. to Receive pay for holidays, 54-56. PERIODICALS. See also Newspapers. Subscriptions, payment in advance, 77a. PERMITS: for Examination of ruins, etc., 1286, 1287. PERSONAL INJURIES: to Laborers, artisans, etc. See Laborers. PERSONAL PROPERTY. See Public property. PERSONAL SERVICES. See Executive depart- ments. PETITION: to Congress, by employees permitted, 42. to Court of Claims. See Court of Claims. PHILIPPINE CONSTABULARY. See also Philippine Islands. Chief and assistants, detail of, 384, 941. Chief and assistants, detail not covered by de- tached-service law, 937. Chief and assistants, rank and pay, 941. Philippine Scouts may assist, 340. PHILIPPINE ISLANDS. See also Philippine Constabulary; Philippine Scouts. Appointments from, to Military Academy, 1143. Banks in, designation as United States deposi- tories, 182. Contract surgeons in, assignment of pay, 740. Discrimination against uniform, penalty, 1010. Employees detailed in, pay, 362b. Enlisted service in, counted double, 1040, 1041. Insane Filipino soldiers, treatment of, 1527. Leave of absence in, commencement, etc., 665. National defense secrets, courts in, given juris- diction over offenses hi connection with, 1317|. Service on transports, pay for foreign service, 645. Shelter of troops in, reports of expenditures, 548. Tour of duty of officers in, 330a. Transfer of stores to Government, 417. PHILIPPINE SCOUTS. See also Philippine Islands. Captain of, creation of office, etc., 339. Captain of, limitation of number, etc., 339. Commissioned service in, by enlisted men. See Pay of Enlisted Men; Retirement, Army. Enlisted men, pay and allowances, 338. Enlistment of native troops authorized, 335. Excepted from limitation on tour of duty, 330a. Insane, care and treatment of, 1527. Lieutenants, natives may be appointed, 337. Officers, provisional, pay, 338. Officers, selection for command, 336. may Serve under Constabulary officers, 340. PHOTOGRAPH: Unlawful, penalty for making, etc., 1317i-1317f. PHYSICIANS: Employment of civilian, 779. PHYSIOLOGY AND HYGIENE: Study of, at Military Academy, 1161. PISTOLS: Automatic, distribution to Militia, 1370. PLEDGE: Receiving public property as, penalty, 220. PLOTTERS: Additional pay for qualifying, 699. Authorized number not to be increased, 700. POLITICAL CONTRIBUTIONS: Soliciting by officers prohibited, 172-176. POLO PONIES: Purchase of, for Military Academy, 542. PORT OF ENTRY: during Insurrections. See Insurrection. PORTO RICO. See also Porto Rico Regiment. Banks in, designation as United States deposito- ries, 182. . Citizens of, appointed to Military Academy, 1142. Citizens of, may reenlist in Army, 349. Citizens of, may be second lieutenants in Porto Rico Regiment, 342, 347. Discrimination against uniform, penalty, 1010. Enlisted service in, counted double, 1040, 1041. Enlisted men, service in, pay, 644. Surgeons in, assignment of pay, 740. PORTO RICO REGIMENT: Captains, recommissioned in Regular Army, 346a-346c. Commanding officer, detail, 384. Creation, 341. Designation changed, 344. Detached-service law does not cover duty with, 937. Enlisted men , service in. See Pay of enlisted men; Retirement, Army. Enlisted men, pay and allowances, 341, 342. Enlistment, term of, 341-343. Field officers, appointment and number, 345. Officers, appointment and pay, 341. Officers, pay and allowances, 348. Officers, promotion, limitation, 342. Officers, promotions by seniority, 348. Officers, recommission, 346, 346a. Officers, retirement, 348. Service outside island of Porto Rico, 349. Vacancies in grade of second lieutenant, how filled, 342, 347. PORTS: Closed during insurrection. See Insurrection. POSSE COMITATUS: Army not to be used as, exceptions, 1477, 1480. Civil rights cases, aid of process, 1449. in Hawaii, governor may summon, 1478. POST BAKERIES: Purchase of equipment for, 1237. POST CHAPLAINS. See Chaplains. POST COMMISSARY SERGEANTS. See Com- missary sergeants. POST EXCHANGES: Public buildings, when may be used for, 1294. Public funds not to be expended upon, 1294. Public transportation may be furnished, 1294. Sale of intoxicating liquor in, prohibited, 1295. POST GARDENS: Public moneys not to be expended upon, 518. INDEX. 739 POST ORDNANCE SERGEANTS. See also Ordnance sergeants. Pay, 695. POST QUARTERMASTER SERGEANTS. See Quartermaster sergeants. POST SCHOOLS: Purchase of equipment for, 1237. POST TRADERS, 723. POSTAGE STAMPS. See also Mail matter. Official use, Postmaster General to furnish, 126. POSTAL SERVICE: Persons in, to take oath, before whom, 249, 250. POSTMASTER GENERAL: to Furnish postage stamps for official use, 126. Oath of office, before whom may be taken, 249, 250. POSTS. See Military posts. POWDER. Sale or exchange of unserviceable, 837. POWERS OF ATTORNEY: to Receive payment of claims, 240. PRACTICE MARCHES: of Militia. See Militia. PREMIUMS: for Accepted recruits, 1032. on Bonds, maximum rate, etc., 393. on Sales of Treasury notes, accounting for, 402. PRESIDENT OF THE UNITED STATES. For other matters over which the President has less direct control, see the specific title. APPOINTMENTS of Chaplains, 902-904. of Commanding general, District of Columbia Militia, 1372. at Military Academy, 1108. of Officers after adjournment of Senate, 9. Power to make, 7. of Volunteer officers, 1386. Without consent of Senate, 10. ARMY. See also throughout this title. Commander in Chief, 2. Commissions to be signed by, 925. Enlisted strength of line, 1105. Medals of honor, 1013. Paymasters, etc., may increase bonds, 185. Punishments, limit of, prescribed, p. 614. during Recess of Congress, 8. Regulations, publication of, 324. Retiring boards, review of proceedings, 980. Sale of military stores, 1261. Transportation of troops, preference to, 525. Uniform and clothing issues prescribed, 571. ENLISTED MEN Certificates of merit for, 1018. Citizenship, may remit loss of rights, 1052. EXECUTIVE DEPARTMENTS to Designate acting chiefs of bureaus, 146. Designate acting heads, 15. Insurrections. See Insurrection. MARINE CORPS Shore duty, 304. Military Reservations. See, this title, Public lands. MILITIA Appointments. See, this title, Appointments. Apportionment to States, 1341. Commander in Chief of District of Columbia, 1371. Enlisted strength of company, troop, etc., 1326. Use of, to suppress domestic violence, 1418. PRESIDENT OF THE UNITED STATES- Continued. NEUTRALITY, ENFORCEMENT OP. See Neutrality. Office. See, this title, White House. OFFICERS Brevets. See Brevet rank. Dismissed by, right to trial, 994. Engineers, duty outside profession, 789. Examination prescribed by, 930. Retirement, at discretion of President, 963. PAY OF ARMY Advances to persons at distant stations, 649. POWERS AND DUTIES. See also throughout this title. Buildings erected, consent of States, 1275. Civil Service, regulations for admission, 163. Extradited persons, protection of, 1476. Foreign intercourse fund, payments from, 190. Lands held in trust, obtain release, 1279. Naval officers to inspect Army transports, 306. Opinions of department heads, may require, 2. Pardons, 2. Transfer officers from retired to active list, 958a, 958d. Treaties, 7. PROCLAMATIONS Calling for volunteers, 1384. of Neutrality, penalty for violation, 1475. PUBLIC LANDS Military Reservations, disposition of useless, 1281. Reservation of parcels of land, 1285. Unlawful enclosures, removal, 1318. RATIONS Issuance to Indians at posts, 599. Substitute equivalent, 593. SUCCESSION TO PRESIDENCY Eligibility rules same as for election, 6. Order of, 5. of Vice-President, 4. TERM OF OFFICE Commencement, 3. Four years, 1. WAR Transportation of troops, preference to, 525. WHITE HOUSE Chief of telegraph at, 881. Detail of clerks to duty in, 12. Military storekeeper, retention of, 513. VOLUNTEER FORCES Officers, appointment, 1386. Organization into brigades, etc., 1385. Proclamation calling for, 1384. PRINCIPALS: on Bonds, duration of liability, 396. PRINTING AND BINDING: Appropriations for, availability, 115. Cost, in Court of Claims, losing party to pay, 289. Estimates for, information to accompany, 115. for Executive departments. See Executive Depart- ments. for Quartermaster's Department, 1236. PRIORITY: of Surety on bonds, 223. of United States, 221, 222. PRISONERS. See also Articles of War. at Disciplinary barracks. See Disciplinary bar- racks. at Military Prison. See Military Prison. 740 INDEX. PRISONERS Continued, of War, medical care, 776. of War, pay while held, 720. PRISONS. See also Disciplinary barracks. Military Prison. See Military prison. Officers in confinement dropped, 993. PRIVATE PROPERTY. See Property. PRIVATES. See also Enlisted men. in Hospital Corps. See Hospital Corps. Pay, for different arms of service, 698. Pay, in staff departments, 698. of Quartermaster Corps, number, 506a. PRIZES: Captured from insurgents, condemnation, 1428. Defrauding United States of captured, penalty, 1267. to Graduates of school for bakers and cooks, 1188. PROCEEDS OF SALES. See Sales. PROCLAMATION OF PRESIDENT. See President of the United States. PROFESSORS: at Military Academy. See Military Academy. PROMOTIONS, ARMY: of a particular class of officers or enlisted men. See the specific title. ENLISTED MEN to Second lieutenants, provisions for, 919-921. OFFICERS in a particular corps or department. See the spe- cific title. Line. See Officers, Army. Staff Departments. See Staff departments. PROPERTY. See also Public property. Captured on high seas, jurisdiction over, 302. Civil rights with respect to, 1443. Confiscation of. See Insurrection. Damage to, from gunfire, etc., claims for, 162. Destruction. See Articles of War. during Insurrection. See Insurrection. Lost in military service, claims for, 217, 217a. PROVING GROUND: Brick house on, not "public quarters," 825a. PROVISIONAL REGIMENT: In Porto Rico. See Porto Rico regiment. PUBLIC ANIMALS. See Horses. PUBLIC BUILDINGS. For a particular build- ing, see the specific title. See also Buildings. APPROPRIATION Cost of construction not to exceed, 1191, 1192. for Sites, cost not to exceed, 1193. Unexpended balances available, 192. CONSTRUCTION Cost not to exceed appropriation, 1191. Limit of cost, at posts, without approval, 546. by Quartermaster's department by contract, 546. CONTRACTS after Advertising in quartermaster department, 546. Appropriations. See this title , A ppropriatiow. Bonds, to cover labor and material, 1217. Bonds, suits for labor and material on, 1217. Eight-hour law to be observed, 1219. Separate for two or more, 1209. Draping in mourning prohibited, 122. ESTIMATES Plans to accompany, 97 PUBLIC BUILDINGS Continued. for Post Exchanges, 518. Preference to American material, 1234. SITES Cost not to exceed appropriation, 1193. Title to be approved by Attorney General, 1290. Title papers to Attorney General, 1290. PUBLIC BUSINESS: Condition of, in Book of Estimates, 102. in Executive departments, report of, 108. Extension of hours of labor when in arrears, 49. Monthly report as to condition, 49. PUBLIC DOCUMENTS. See Documents. PUBLIC FUNDS. See also Public moneys. Militia officers furnished for coffee, etc., 1350. PUBLIC IMPROVEMENTS. See Public build- ings. PUBLIC LANDS. See also Public property. Conveyed to individuals for use of United States, 1278. Homesteads on. See Homesteads. Inclosures, destroying or invading, 1314. Leasing of certain authorized, 1279. Military reservations. See Military reservations. Monuments of surveys, molesting, 1313. Purchases of, must be authorized, 1274. Removing unlawful enclosures, 1318. in Reservations not subject to preemption, 1268. Rights of way across, forfeited, when, 1283. Rights of way, granting, 1282, 1283. Rights of way, revocation, 1282. Trees on, penalty for chipping, etc., 1312. Trees on, penalty for cutting, 1311, 1313. PUBLIC MONEYS. See also Public property. Accounting. See Accounting officers,- Account- ing of public money. Accounts, failure to render, 421. Advance, certificate to requisitions, 237. ' Advances forbidden, exceptions, 407. Bankers receiving on deposit, etc., penalty, 427. Conversion of, 419, 420, 426. Delinquent custodian, distress warrant, 224. Depositories. See Depositories of public money. Deposits, failure to make, 422. Disbursement. See Disbursement of public money. Disbursing officers. See Disbursing officers. Drawn only in accordance with appropriations, 1S6. Duties of fiscal agents, 185. Embezzlement, 419, 420, 428, 1263. Embezzlement, evidence of, at trial, 424. Embezzlement, refusal to pay draft evidence, 425. Exchange of funds, restrictions, 401. Fraudulent receipts or vouchers, 426. Gross amount received paid into Treasury, 403. Penal provisions, to whom applicable, 423. Premiums received on sale of notes, etc., 402. Requisitions for advances, disapproved, when, 196. Warrants, requirements, 237. PUBLIC PARKS: Sale of obsolete cannon, etc., to, 840. PUBLIC PRINTER. See also Printing and bind- ing. Distributing material, etc., transferred to, 85. Estimates by, to departments, 114. Forms, etc., furnished departments, 112. INDEX. 741 PUBLIC PRINTER-Contimiod. Publications to be distributed by, 85. Report of departments, date furnished, 106. PUBLIC PROPERTY. For property of a particu- lar department or office, see the specific title. See also Public lands. DISPOSAL OF See also this title, Sales. Congress empowered to make, 1255. of Damaged or unsuitable, 1261. by Sokiiert prohibited, 1262. Inventory. See this title, Returns. ISSUES See also this title, Sales. of Arms, etc., to departments, 847. Loss OF Affidavit of commanding officer, 1260. Affidavit of company commander, 1260. Certificates forwarded accounting officer, 1257. Charge certified to accounting officer, 1256. Officer may relieve hinself of liability, 1258. - Regulations by heads of departments, 1259. OFFENSES Embezzlement, penalty, 1263, 1264. Theft, penalty, 1263, 1264. Receiving stolen property, penalty, 1266. Robbery, penalty, 1265. RETURNS Failure to make, penalty, 110. by Heads of departments, 109. SALES. See also this title, Disposal of. Expenses of, paid from proceeds, 406. to Philippine Government, proceeds, 417. Proceeds, annual statement of, 101. Proceeds from, disposition, 403, 404. STATUTES AT LARGE Preserved as, 323. TRANSPORTATION by Quartermaster's Department, 532. PUBLIC RECORDS. See Records. PUBLIC WORKS. See also Public Buildings. Bids, separate proposals for two or more, 1209. Eight-hour law to be observed, 1219. Estimates to be accompanied by plans, 97. Preference to American material 1234. Rivers and harbors. See River and harbor works. PUNISHMENTS. For a particular offense Seethe specific title. See also Articles of War. by Courts-martial. See Courts-martial. Limit of, for Army, prescribed by President, p. 614. of Military convicts. See Military prison. PURCHASES: of a particular article or class of articles. See he specific title. from Contingent funds. See Contingent funds. of Discharge. See Discharge. PURCHASING OFFICERS: Funds may be kept in personal possession, 592. Trading in subsistence stores prohibited, 591. QUARANTINE. Epidemic. See Contagious diseases. State health laws to be observed, 14G2. Stations under Secretary of the Treasury, 1463. Vessels entering, etc., against regulations, 1464. QUARTERMASTER AND COMMISSARY OF CADETS: at Military Academy. See Military Academy. QUARTERMASTER CORPS. See also Pay Department; Quartermaster's Department; Sub- sistence Department. APPOINTMENTS by Detail, how made, 495. APPROPRIATIONS Available for purchase of reserve supplies, 616a Expenditures for subscriptions in advance, 520. Pay of Army disbursed by officers of, 689. for "Supplies Services, and Transportation" created, 689a. BRIGADIER GENERAL Permanent vacancy, to cease and determine 502. Chief. See Chief of Quartermaster Corps. CIVILIAN EMPLOYEES Authorized to enlist in, 505. Certain, replaced by enlisted men, 505. Restrictions upon salary and number, 570. Commissary sergeants. See Commissary ser- geants. CONTRACTS Certain, reduced to writing, 1211a. Creation, 495. DUTIES Disbursement of Army pay appropriation, 689. Disbursement of various appropriations, 689a. Enumerated, 500. ENLISTED MEN Authorization, to replace civilian employees, 505. Composition and pay, 506a Composition and decrease of, 505, 506. Establishment, 495. OFFICERS Brigadier generals, decrease of one, 502. Composition, 497. Details of, how made, 495. Duties, 500. to Form one list for filling vacancies, 495. Number of, from captains to colonels, 497. Regimental commissaries, etc., to perform duties, 498. Six captains promoted to major, 496. Vacancies, how filled, 495, 497. Quartermaster sergeants. See Quartermaster ser- geants. Supervision by Chief of Staff, 503. SUPPLIES Sale to Navy and Marine officers, 588a. QUARTERMASTER GENERAL. See also Quartermaster's Department. in Absence, officer detailed to act, 146. Account to Secretary of War for money every 3 months, 1259}. Charges against officers for loss of property, 1256. Money in hands of subordinates, not liable for, 387. Property in hands of subordinates not liable, 387. Regulations for property accountability to be prescribed by, 1259}. QUARTERMASTER SERGEANTS: Authorization and appointment, 514, 514a. Designation changed, 496. Duties, 514. Number, 506a. Pay and allowances, 514, 695. Qualifications for appointmeat, 514a. Supplies. See Quartermaster's Department. 742 INDEX. QUARTERMASTERS, ARMY: Claims of, jurisdiction of Court of Claims, 277. Losses by, Court of Claims decree, 280. any Officer may act temporarily, 499. Regimental, battalion, etc., duties, 498, 499, 938. Regimental, horses allowed, 554. QUARTERMASTER'S DEPARTMENT. See also Quartermaster Corps. APPOINTMENTS Discontinued, details in lieu thereof, 936. APPROPRIATIONS Contracts for stores in advance of, 1190. Expenditures from, restricted, 1291. Payments from total available balance, 523. for Shelter of troops in Philippines, 548. CIVILIAN EMPLOYEES Number limited, 569, 570. Salaries limited, 569, 570. Composition, 507. Consolidation into Quartermaster Corps, 495. DUTIES Deductions from mileage allowances, 685. Supplies, purchase and distribution, 515. Supplies, etc., to naval and marine detach- ments, 517. Transportation for Army, 515. ENLISTED MEN Army service detachment, number, 1170. Army service men, enlistment of, 1168. Army service men, no extra pay, 1169. OFFICERS Bond, President may increase, 388. Bonds, sum and condition, 387. Contracts, not to be interested in, 519. Disabilities, 519. Duties, 515. Increase in number, 508. Transportation of property for surveys, 532. Vacancies in certain grades, how filled, 511. Organization, 507. PRINTING Contract, after advertising, exception, 1236. Done by Government Printing Office, 1236. PROMOTIONS by Seniority, 509. Property. See, this title, Supplies. Quartermaster General. See Quartermaster Gen- eral. Quartermaster sergeants. See Quartermaster ser- geants. Quartermasters. See Quartermasters Army. STOREKEEPER Abolishment of office, 512. Supervision by Chief of Staff, 503. SUPPLIES Accountability system to be prescribed, 1259J. Contracts for, before appropriation, 1190. Issued to militia, title in United States, 1358. 1361. Proceeds from sales, availability, 522. Purchase from Indians, 1240. Purchase of, on Pacific coast, 1205. Transportation. See Transportation. QUARTER'S, ARMY. For a particular class of officers or enlisted men, see the specific title. Assignment of, in kind, according to rank, 551. Barracks. See Barracks. QUARTERS, ARMY Continued. Brick house at proving ground not "public quarters," 825a. Commutation for details abroad, 673. Commutation, duty "without troops," 671. Commutation rates, 670. Commutation to retired officers at colleges, 945, 946. Commutation of, where no public quarters, 668, 668a. Heat and light for authorized allowance, 556. for Militia officers attending schools, 1334. for Officers, limit of cost, at posts, 547. Officers temporarily on duty in field, 552, 672. Permanent, cost limited, 547. "Public quarters available," Secretary of War to determine, 668b. for Servants not allowed, 670. RAFTS: Army transports to be equipped with, 536. RAILROADS. Bond-aided. See Bond-aided Railroads. RANK, ARMY. For rank of a particular class of officers or enlisted men, see the specific title. Army Register to contain lineal, 326. Brevet. See Brevet Rank. Equal, may not be held in both line and staff, 934. Lineal, advancement of officers who lost by regi- mental promotion, 929. Officers, precedence fixed by service, 1126. Officers, volunteer service does not affect, 1007. Relative, between officers of same grade, 353. Relative, with officers of Navy, 352. Relative, reorganization act not to change, 1102. RATIONS, ARMY. For a particular class of offi- cers or enlisted men, see the specific title. Cash to retired enlisted men in lieu of, 714, 715. Coffee and sugar, commutation of, 601, 602. Coffee and sugar, in kind issued weekly, 600. Commutation to competitors in rifle matches, 611a. Commutation, to enlisted men, on furlough, 611. Constituents, change by President, 593. Constituents prescribed by President, 593. Emergency, in addition to regular, 595. Enlisted men entitled to one daily, 596, 597. Interest of certain officers in purchase or sale pro- hibited, 591. Issuance to Indians, may be authorized, 599. to Naval or marine detachments, 590. Sale to officers, amount deducted from pay, 692. Sale, to officers in field authorized, 605. Special for soldiers recovering from sickness, 594. Supplies for, purchase of, 586. REAL PROPERTY: Civil rights of citizens with respect to, 1443. REAPPROPRIATION: Of unexpended balances, 191a. REAR ADMIRALS, NAVY: Relative rank of, with officers of the Army, 352. REBELLION. See also Insurrection. Militia may be called to suppress, 1339, 1340. War of. See Civil War. RECEIVERS OF PUBLIC MONEYS. See also Public moneys. Duties of, as fiscal agents, 185. INDEX. 743 RECESS APPOINTMENTS. See Appointments. RECORD AND PENSION OFFICE. See also Adjutant General's Department: Military Secre- tary's Department. Appropriations, availability, 435. Assistant chief, rank, 433. Chief, rank, 433. Establishment, 432. Merged into Military Secretary's Department, 434. Pension business of War Department, 438. Records of militia in war, filed in, 439. Records of volunteer armies, custody, 432, 438. Records of volunteers, on disbandment, 439. Records of wars prior to Civil War, custody, 441. Removal of charge of desertion on rolls, 443, 454. RECORDING CLOCKS: Use, in executive departments, forbidden, 121. RECORDS. See also Documents. Destruction, mutilation of public, penalty, 129. Destruction, etc., of public, by custodian, 130. as Evidence. See Evidence. False or fictitious entry by custodian, 171. Forgery, etc., public, penalty, 131. of Indian wars, 441. Preservation, regulations by department heads, 19. of Revolutionary wars. See Revolutionary War. of War of 1812, 440. RECRUITING. See also Enlistment. of Volunteers. See Volunteer Army. RECRUITING DUTY: Assignment of retired officer to, 958. RECRUITING STATIONS: Detachments at, composition, pay, etc., 704. RECRUITS: Debts due traders, etc., deducted from pay, 723. Employment of physicians to examine, 779. Mounted service school, depot for certain, 1186. Premium for, accepted, 1032. Volunteers. See Volunteer Army. RED CROSS. See American National Red Cross. REENLISTMENT. See Enlistment. REGIMENTAL COURTS-MARTIAL. See also Courts- Martial. Jurisdiction restricted, 924. REGIMENTAL QUARTERMASTER: Horses allowed, 554. REGIMENTS: Cavalry, 1071, 1072. Field Artillery, 1090. Infantry, 1095, 1096. REGISTER. See Army Register. REGISTERED MAIL. See Mail matter. REGULAR ARMY. See also Army. Composition, 331. Comprises permanent military establishment, 330 Constitutes part of land forces, 328, 329. Enlisted strength of line, 332. Lieutenant general in, abolished, 350. REGULAR ARMY AND NAVY UNION: Badges of, who may wear, 1021, 1022. REGULATIONS, ARMY: President authorized to make, 324. Volunteer forces subject to, 1385. RELATIVE RANK. See Rank, Army. RELIGIOUS ORGANIZATIONS: Members of certain, exempt from Army duty, 1324. REMAINS: of Civil employees who die abroad, 1063. of Officers and enlisted men, 1063. REMOUNT DEPOTS: for Volunteer forces, establishment, 1385. REMOUNT DETACHMENTS: of Cavalry, at remount depots, 1080. Enlisted men, organization, 541, 1070. REMOVAL: of Civil-service employees, 42. of Desertion charge. See Desertion. REMUSTER: of Volunteers. See Volunteer Army. REPEAL: of Acts in revision of Revised Statutes, 314. REPORTS: of a particular office or officer, or on a particular subject. See the specific title. of Executive departments. See Executive depart- ments. REPRIEVES: Power in President, to grant, 2. REQUISITIONS: for Advances of money, 237. RESERVATIONS. See also Military Posts; Mili- tary Reservations; Public Lands. Inclosures on, breaking, etc., penalty, 131 4. Rights of way across, 1282, 1283. Survey monuments on, molesting, penalty, 1313. Timber on, cutting, etc., penalty 1311, 1312. Unlawful inclosures, removal, 1318. RESERVE MILITIA. See Militia. RESTORATION TO DUTY: of Civil deserters, etc., pension, 446. of Military convicts, 488, 488a, 488b RETAINED PAY: Abolished, exception, 707. RETIREMENT, ARMY: of a particular class of officers or enlisted men. See the specific title. ENLISTED MEN Allowance in cash in lieu of clothing, etc., 715. Application after 30 years' service, 713, 1038. Commissioned service in Porto Rico Regiment or Philippine Scouts, 709, 710. Credit for Army, Navy, or Marine service, 1038. Credit for Civil War service, 713, 1039. Credit for foreign service, 1040, 1042. Credit for war service, 1039. Detailed on recruiting duty, 1392. Pay, 75 per cent of rank on which retired, 1038. NONCOMMISSIONED OFFICERS. See also this title, Enlisted men. Application, after 30 years' service, 713. Detail on recruiting service, 1392. Detail to schools, etc., pay, 946. OFFICERS on Army Register, 988. ARTICLES OF WAR Subject to 988. ASSIGNMENT TO DUTY. See also, this subdivi- sion, Transfer to Active List. Active duties to which assignable, 958. with District of Columbia militia, 959, 1373. to Educational institutions, 915-950. in Recruiting volunteers, 1392. on River and harbor work, 799. at Soldiers' Koine, 956. 744 INDEX. RETIREMENT, ARMY Continued. OFFICERS Continued. ASSIGNMENT TO DUTY Continued with State militia, etc., 957, 958. in War, restriction, pay, 961. Command, withdrawn from, 986. DISCIPLINE Subject to Articles of War, 988. GROUNDS FOR RETIREMENT Age 62 years, 963. Age 64 years, 964. Application after 30 years' service, 962. Application after 40 years' service, 962, 964 Cadet service not counted, 657. Credit for volunteer, etc., service, 655. Disability, 968, 981, 982. of General officers, restriction, 972. Length of service, 963. Not affected by act of June 30, 1882, 965. for Panama Canal service, certain, on appli- cation, 927j. Physical disability for promotion, 930, 931. Staff detail does not postpone, 380. Hearing, entitled to, 983. Limited list. See, this subdivision, Number. NUMBER Limited list of three hundred and fifty, 966. Unlimited list, transfers from limited, 967. Unlimited retired list, 965. PAY on Active duty, 974, 975. Additional, for holding another office, 990. on Duty at colleges, etc., 949. on Duty at Soldiers' I T ome, 956. Longevity prohibited; exception, 659. Rates, 658. Wholly retired, 660. PROMOTION Withdrawn from line of, 986. RANK Advanced, for Civil War, etc., service, 969a. Advanced, for service on Panama Canal, 927d. Brigadier generals, certain, advanced, 970. RANK ON RETIREMENT Actual rank held at time of, 984. Advanced, for certain service, 969a. Advanced for Civil War service, 969. Advanced for service on Panama Canal, 927c. of Chief of Staff bureau, 376, 973. Commissioned in advanced, 971. If retired for disability, 985. Retiring Board. See Retiring Board. Secretaries to, not authorized, 989. Territorial appointments, 960. TRANSFER TO ACTIVE LIST. See also, this sub- division, Assignment to Duty. Examination for promotion required, 958c. Officers previously transferred entitled to benefits, 958e. of Officers retired for physical disability au- thorized, 958a, 958d. with Rank to which entitled, 958b. UNIFORM of Rank at which retired, 988. Unlimited list. See this subdivision, Number. VACANCIES CAUSED BY Filled by promotion in order, 987. RETIRING BOARDS See also Retirement, Arm;/. Composition, convening, 976. Findings, items prescribed, 979. Findings, revision by President, 980. Oath of members, 977. Officers entitled to hearing before, 983. Organization, 976. Powers and duties, 978. RETURNS: of Militia. See Militia. of Property. See Public property. of Volunteers. See Volunteer Army. RETURNS OFFICE: Filing of contracts in. See Contricts. REVENUE-CUTTER SERVICE: Transportation to personnel on transports, 529. REVIEWING AUTHORITY. See Courts-mar- tial. REVISED STATUTES: Accrued rights not affected by revision, 315. Certificate to, by Secretary of State, 312, 318. Citation, manner of, 313. First edition 1874, 308. Printed copies as evidence, 310, 318. Repeal of acts embraced in revision, 314. Repeal of certain sections relating to militia, 1320. Revision, acts after December 1, 1873, not affected, 317. Revision authorized, 307. Revision, scope, 313. Second edition, 318. Sections, arrangement, reason, 316. Supplement of 1891, as evidence, 320. Supplement of 1891, authorized, 319. Title of revision, 311. REVOCABLE LICENSES: to Use public lands. See Public lands. REVOLUTIONARY RECORDS: Appropriation for collecting, etc., 442. Publication by Pecretary of War, 442. Transfer to Secretary of War, 440. Transfer to War Department, 442. REWARDS: for Apprehension of deserters, 1056-1058. for Apprehension of military convicts, 1058. to Employees, for suggestions, 861. RIFLE CLUBS: Issue of rifles and ammunition to, 954a, 954b. Results of practice, filed, 1368. Sale of rifles, etc., to, price, 1367, 1368. RIGHT OF APPEAL: from Court of appeals. See Court of appeals. RIGHT OF WAY: to Militia in District of Columbia, 1466. over Public lands. See Public lands. RIGHTS: Accrued, not affected by revision of R. S., 315. Civil. See Civil Rights. RIVER AND HARBOR WORKS: Annual estimates to be submitted, 98. Appropriations, unexpended balances, 192. Dredging, etc., eight-hour law applicable, 1232. Employment of retired officers on, 799. Two or more may be included in contract, 1210. R 'AD.3: Across military reservations, when permitted 1284. INDEX. 745 ROBBERY: of Public property from agent, penalty, 126,3. ROCK EXCAVATION: and Dredging, eight-hour law applicable, 1232. ROSETTES: Worn in lieu of medals of honor, 1014, 1017 SADDLERS: Rate of pay, 697. SALARY. See Pay. SALES: of a particular article or class of supplies. See specific-title. of Public property, in general. See Public prop- erty. SANITARY EQUIPMENT: Loan to Red Cross, 775 b, 775c. SATURDAYS: Half holiday in District of Columbia, 53. SCHOOLS. See also Colleges. for Bakers and cooks, prizes for graduates, 1188. - Detachments at, organization, 1183. for Enlisted men at posts and garrisons, 1293. for Fire for Field ArtiUery, object, 1183. Issue of rifles and ammunition to certain, 954a, 954b. of Line, army, object, 1183. SCOUTS. See Indian scouts; Philippine Scouts. SEA TRAVEL. See also Transportation. Enlisted men on discharge, to \\ hat entitled, 1046. Officers on discharge, actual expenses only, C83. Surgeons, etc., actual expenses only, 682. What to constitute, 682. SEAL OF UNITED STATES: Adoption, 1530. Affixed to commissions of civil officers, 1531. Custody in Secretary of State, 1331. SEAL OF WAR DEPARTMENT: Commissions of officers issued under, 925. SEAMEN: Alien, naturalization of, 1066. SEAS: Jurisdiction over offenses committed on high, 300. Seizures on, condemnation proceedings, 301, 302. SECOND LIEUTENANTS, ARMY^ See also Officers, Army. Appointment from enlisted men, 920-923. Appointment of noncommissioned officers, 919. Pay, 635. of Porto Rico Regiment, qualifications, 347. Relative rank with officers of Navy, 352. Vacancies, order and method of filling, 918. SECRETARY OF THE INTERIOR. See also Executive departments Heads of departments: Interior Department. Authorized to grant rights of way, 1282, 1283. Indian agents, under orders of, 940, 1397. SECRETARY OF LABOR. See also Executive departments Heads of departments. Duty with regard to claims for injuries, 66. SECRETARY OF SENATE: Distribution of Senate documents, 1172. SECRETARY OF STATE. See also Executive departments Heads of departments. Custody of seal of United States, 1531. Duties, with reference to Revised Statutes. See Revised Statutes. SECRETARY OF THE TREASURY. See also Executive departments Heads of departments; Treasury Department. Accounts. See also A ccounting of public money. Accounts, regulation by, 196. Advance of money, action on requisitions, 237. Appropriations, disposition of balances, 191, 192. Claims. See Claims. Contracts for electricity made by, 1197. Delinquent accounts, report of, 199. Designation of public depositories, 182. Distress warrants. See Distress warrants. Estimates. See Estimates. Outstanding liabilities, certificate as to, 242. Quarantine stations under control of, 1463. Records, copies of, by, 246. Set-offs of United States, enforcing, 239. Supplies for departments, purchase of, 1197. Surety companies. See Surety companies. Warrants to be signed by, 237. SECRETARY OF WAR. For particular mat- ters relating to the War Department, see the specific titles. See also Executive departments- Heads of departments; War Department. Acting Secretary designated by President, 143. ASSISTANT SECRETARY Appointment, 142. Creation of office, 142. Claims. See Claims. Clothing. See Clothing, Army. CONTRACTS Bids, regulations for, 1206. for Supplies, supervision over, 1189. Creation of office, 141. DISCIPLINARY BARRACKS Clemency and restoration, 488a. to Exercise supervisory control over, 477a. Report of affairs of, 477a. ESTIMATES Fortifications, report on employees, 818. for River and harbor works, 98. Signal Office, report of employees, 895. INSPECTIONS of Disbursements, and necessity therefor, 412. Reports of, to Congress, 462. MANEUVERS Regulations for, 1298. Report to Congress of joint, 1329. Mileage. See Mileage. Militia. See Militia. OPEN-MARKET PURCHASES Approval of, exceeding $500, 1200. Exceeding $200, reported to, 1198, 1199. of Horses, may fix maximum price, 541, 542. POWERS AND DUTIES. See also throughout this title. Approval of expenditures for buildings, 1291. Custodian of propeity of department, 148. Duties enumerated, 147. Flags and colors, captured, collected, 149. Guns, determination of bore and caliber, 852. Indian country, removal of cattle, 1402. to Inspect military prison annually, 478. Military forces, instruction, 1297. Military records, collection, etc., 440, 442. Permits for examination of ruins, etc., 1286. Public property, inventory and retain, 109. 746 INDEX. SECRETARY OF WAR Continued. POWERS AND DUTIES Continued. Statue of Liberty, to keep in repair, 1288. Supervision of department, 147. Public lands. See Public lands. Quarters. See Quarters, Army. REPORTS Annual, to include reports of inspections, 462. of Disciplinary Barracks affairs, 477a. of Inspections of accounts, to Congress, 412, 413. Militia, expenditures for arms, etc., 1336. SUPPLIES Prescribe kinds, etc., to be purchased, 516. Regulations for transportation, etc., 516. Transportation of troops. See Transportation. SECRET-SERVICE AGENCIES: Established by volunteer forces, 1385. SEIZURES: of Property on high seas, condemnation, 301. SENTENCES. See Punishments. SEQUOIA NATIONAL PARK: Detail of troops for protection, 1301. Rights of way through, 1282. SENATE. See Congress. SENATE DOCUMENTS: Military Academy Library furnished, 1172. SERGEANTS. See also Noncommissioned officers. Commissary. See Commissary sergeants. Mess, pay, 697. Ordnance. See Ordnance Department. Pay, 695. Quartermaster. See Quartermaster sergeants. SERUMS: Surgeon General, member of board on, 780. SERVANTS: Enlisted men not to be used as, 1068. for Officers, quarters not allowed, 670. SERVICE SCHOOLS: Civilian employees, pay, 362, 362a, 362b. Detachments of enlisted men, organisation, 1183. Instructors, leaves of absence, 1187. Purchases of horses for, 542. for Theoretical and practical instruction, 1183. SERVICES: for E xecutive departments . See Executive depart- ments. for Military establishment, contracts, 1189. Voluntary, prohibited, exception, 37. SET-OFFS: to Claims. See Court of Claims. SETTLEMENT: of Accounts. See Accounting of public money. of Claims. See Claims. SETTLERS: on Indian lands, removal of unauthorized, 1400. SHARPSHOOTERS: Additional pay for qualifying, 699. SHEEP: Driving, etc., across military reservations, 1284. SHELTER OF TROOPS: in Philippines, report of expenditures for, 548. SHOOTING GALLERIES: Authorization, to be open to militia, 553. Militia appropriations, may be expended 1353. SHORE DUTY: of Marine detachments. See Marine Corps. of Naval detachments. See Navy. SIBERT, WILLIAM L.: Promoted to brigadier general, 927b, 927e. may Retire, on application, 927j. Thanks of Congress tendered, 927a. SICK LEAVE: with Pay, may be granted, to employes, 50. SICK REPORTS: of Volunteers, disposition,- 439. SICKNESS: Absence of officers on account of, 661. SIGNAL CORPS. See also Chief signal officer. Appointments and promotions in, 884. Appropriations for support, 882. AVIATION DUTY Details on, number and term, 889. Pay and allowances while on, 889. AVIATION SECTION Accidents, payment to beneficiary in case of death by, 889n. Aviation examining boards, composition, 889k. Aviation mechanicians, authorized, number. 889i. Aviation mechanicians, pay, 889j. Aviation students, qualifications, etc., 889d, 889e. Composition, 889b, 889d, 889i. Creation, 889a. Duties enumerated, 889a. Enlisted men instructed in art of flying, 889j. Enlisted men, number and pay, 889b, 889i, 889j. Military aviator, office created, 889g. Military aviator, qualifications for, 889k, 889m. Officers, detailed from line, 889c-889e, 889k. Officers, inefficient, termination of detail, S89f. Officers, number and pay, 889b, 889h. Officers, qualification certificate required, 889k. Officers rated in two classes, 889g. Pay of enlisted men studying art of flying, 889j. Pay of junior and military aviators, 889h. Qualification certificates, issue, 8891. Qualification certificates required, 889k. Composition, 879, 880. Draftsmen, employment of, 895. ENLISTED PERSONNEL Additional, for Aviation Section, 889b. Composition, 890-892. Increase for Alaska and Philippines, 891. Increase in time of war, 892. Organization, 890-892. Pay, G98. Return of stores in possession of, 901. Exchange of typewriters, etc., 883a. Military telegraph. See Telegraph lines. OFFICERS Additional for Aviation Section, 889b. of Aviation Section. See this title, Aviation Section. Detailed as chief of telegraph bureau, Executive Office, 881. Detailed in, to be irom grade of vacancy, 888. Detailed from line, 886, 887, 936. Examined for appointment, or promotion, 884. Lieutenants promoted, after 14 years, 386. Promotions by seniority, 885, 886. Return of stores in possession of, 901. Vacancies which can not be filled by promo- tions, 887. INDEX. 747 SIGNAL CORPS Continued. Organization, 879, 880. PROPERTY Regulations for keeping to be prescribed, 894. SALES Proceeds available for replacement, 883. SIGNAL OFFICERS Employment of additional persons, 161. Employment of draftsmen, 895. VACANCIES FILLED by Details from lino, 886, 887, 936. by Promotion, 885, 886. of Volunteer forces, 1386. SIGNAL SCHOOL, ARMY, 1183. SITES: for Fortifications. See Fortifications. for Public buildings. See Public buildings. SKETCH: making, etc., unlawful, concerning national de- fenses, penalty, 13171-1317$. SKILLED DRAFTSMEN. See Draftsmen. - SMALL ARMS: Militia, supplied with. See Militia. Obsolete, sale to patriotic organizations, 839. Practice, appropriations for, availability, 831. Practice, inspectors of, in militia, 1357. SOLDIERS. See also Enlisted men. Discharged, preference to, in civil service, 40, 41. Outfits of, not to be sold, 1262. SOLDIERS' HOME. See also National Home for Disabled Volunteer Soldiers. ACCOUNTS. See also Accounting of public money. Adjustment by War Department Auditor limited, 1509. ADMISSION Contributors to support of Home, 1515. Convicts, deserters, drunkards, excluded, 1516. Disabled soldiers, veterans of wars, 1514, 1515. Regulars or Volunteers wounded in duty, 1515. BOARD OF COMMISSIONERS Choice of retired officers for duty, 956. Composition, quorum, powers, and duties, 1502. Gifts, authorized to receive, 1508. Pensions, regulation of payment, 1520. to Recommend officers for appointment, 1505. Report annually to Secretary of War, 1504. Sites for, purchase of, approval, 1503. BUILDINGS Erection, approval of Secretary of War, 1512. Erection by commissioners, approval, 1503. DISBURSEMENTS Over $5,000, approval necessary, 1512. Discharge. See this title, Inmates. FUNDS Accounts. See this title, Accounts. Borrowing on credit of home, forbidden, 1513. Custody, transfer in certain cases, 1511. Custody in Treasurer of United States, 1511. Deductions from pay, 707, 722, 1508. Deposited in Treasury, interest, 1510. Disbursement over $5,000, approval, 1512. Fines of courts-martial, 1507, 1507a. Forfeitures for desertion, 1507. Gifts, 1508. for Support, source of, 1507. GOVERNOR Appointment, 1505. Deputy governor, appointment, etc., 1505 One for each site, removal, 1505. SOLDIERS' HOME Continued. Grounds, purchase of, 1512. INMATES Discharge, regulations for, 1517. Outdoor relief, 1511, 1518. Pensions. See this title, Pensions of Inmates. Subject to Articles of War, etc., 1521. Uniform furnished free, 1522. INSPECTION by Board of Commissioners, 1502. by Inspector General annually, 464. LIQUOR Sale within 1 mile prohibited, 1523. OFFICERS Borrowing on credit of home, forbidden, 1513. Enumerated, appointment and removal, 1505. Retired officer, assigned to duty at, 956. Selected by President, 1506. Outdoor relief, 1511, 1518. PENSIONS OF INMATES Allotment to dependent relatives, 1520. on Death, without heirs, escheat, 1520. Paid to pensioner at discharge, 1520. Payment to treasurer of home, in trust, 1520. Surrendered to home, 1519. Secretary, 1505. Sites, selection of, 1503. SUPPLIES Purchase on contract from lowest bidder, 1512. TREASURER Bond, 1506. Secretary to be, 1505. SOLDIERS' HOMESTEADS. See Homesteads. SOLITARY CONFINEMENT: of Military convicts, reported, 491. SPANISH-AMERICAN WAR: Badges. See Badges. Uniform, etc., of discharged Volunteers, 1009. SPECIAL AGENTS: for Disbursement of money, bond, 248. SPECIAL COURTS-MARTIAL. See Courts- Martial. SPEEDY TRIAL: of Offenders against civil rights, 1453. SPIES: in Time of war, death sentence authorized, n. 614. STAFF COLLEGE: to Provide theoretical, etc., instruction, 1183. STAFF DEPARTMENTS. For a particular de- partment, see the specific title. CHIEFS OF Appointment of detailed officer, 375. Appointment from line officers, 373. Appointment from staff officers, 374. Rank and pay fixed, 373. Retired, rank and pay fixed, 376, 973. Enlisted men. See Enlisted men. Noncommissioned officers. See Noncommissioned. officers. OFFICERS Detailed from line, 378. Eligibility for detail, restrictions, 937-938J. Eligibility for redetail, 379. Promotion, by seniority, 377. not Reappointed, return to former grade, 382. Relative rank in corps or arm held, 381. Retirement before completion of detail 380. Term of detail, 379. Transfer from line, 934. of Volunteers. See Volunteer Army. 748 INDEX. STAFF OFFICERS. ARMY: on Staff of a particular officer. See the officer. Detail from Artillery captains, etc., 1090. Details from Cavalry captains, etc., 1077. Details from Infantry captains, etc., 1100. Detailed, without creating vacancy in line, 361. Regimental, deemed duty "with troops," 385, 938. in Staff departments. See Staff departments. of Volunteers. See Volunteer Army. STAMPS. See Postage. STATE DEPARTMENT: Secretary. See Secretary of State. Tender of foreign decorations through, 1012. STATE HEALTH: Officers of United States to observe, 1462. STATE SOLDIERS' AND SAILORS' OR- PHANS' HOMES. See also National Home for Disabled Volunteer Soldiers. Issue of ordnance to, authorized, 954, 955. STATE, WAR, AND NAVY BUILDING. See also Public buildings. Superintendent, duties, etc. 154. STATES: Government, republican form guaranteed, 1414. Insurrection against United States. See Insur- rection. Insurrection, suppression by militia, etc., 1416. Militia. See Militia. Volunteers. See Volunteer Army. STATIONERY: for Executive departments, contracts limitei, 1194. STATUE OF LIBERTY: Secretary of War to keep in repair, 1288. STATUTES AT LARGE. See also Revised Stat- utes. Contents, 321. as Evidence, 321. Preserved and delivered to successor 323. Publication and distribution, 322. STEEL: Contracts for, after advertisement, 827, 1239. Testing. See Ordnance Department Board for Testing Iron and Steel. STENOGRAPHERS: Employment of enlisted men as, 1069. STOLEN PROPERTY: Penalty for receiving, 1266. STOPPAGES OF PAY. See Pay of enlisted men; See Pay of officers. STOREKEEPER: Bond, 387. Office of, abolished, 512. at White House, continued on rolls, 513. SUBPOENAS: of Witnesses to claims. See Claims. SUBSCRIPTIONS: for Coast Artillery, payment in advance, 10S3a. for Engineer Corps, payment in advance, 801. for Executive departments, payment in advance, 77a. for Military Academy, payment in advance, 1178a. for Quatermaster Corps, payments advance, 520. SUBSISTENCE, ARMY: of Army sick, etc., in Canal Zone, 776a. Furnished discharged enlisted men, 683, 721, 1046. Furnished officers on discharge, 083. Rations. See Rations, Army. Stores. See Subsistence Department. SUBSISTENCE DEPARTMENT. See also Quartermaster Corps; Staff departments APPROPRIATIONS Certain to constitute one fund, 689a. Use for subsistence of Army sick in Canal Zone, 776a. Commissaries. See Commissaries. Commissary General. See Commissary General. Commissary sergeants. See Commissary sergeants. Composition, 580. Consolidation into Quartermaster Corps, 495. DUTIES Sales. See, this title, Stores. Sales to officers and men at cost, 587. Rations, purchase of supplies for, 586. Supply rations to naval, etc., detachments, 590. OFFICERS. See also, this title, Duties. Bonds and condition, 387. Bonds, regulation and increase, 388. Details of, 581-583, 936. Disabilities, 591. Duties, 586. Funds for stores may be kept in possession, 592. Promotions by seniority, 581. Vacancies, filled by detail, 582, 583, 936. Organization, 580. Rations. See Rations, Army. STORES Contracts for, provisions, 1238. Credit sales to men, deduction of amount due, 725. Credit sales to officers, deduction from pay, 692. Credit sales, report to Paymaster General, 587. Embezzlement, penalty, 1264. Funds for may be kept in possession, 592. Interest of officers in purchases, etc., prohib- ited, 591. Proceeds of sales available for replacing, 607. Proceeds of sales covered into Treasury, 609. Proceeds of sales not reported to Treasury, 603. Purchases for current year authorized, 1190. Purchases for officers and men, 589. Regulations by Secretary of War, 516. Sales to other bureaus of War Department, 604' Sales to another executive department, 604. Sales to officers and. men at cost, 587. Sales to officers and enlisted men, 603. Sales to officers, etc., of Navy and Marine Corps, 588. Sales of tobacco to enlisted men, 603. SUGAR: and Co Tee, ration of. See Rations, Army. SUITS: on Accounts, for recovery of balance due, 203. before Court of Claims. See Court of Claims. Evidence in. See Evidence. for Labor and materials, bonds to cover cost, 1217. SUMMARY COURT. See Courts-martial. SUNDAYS: Annual leave of employees not to include, 52. SUPERINTENDENTS: of Assay offices, 181. of Military Academy. See Military Academy. of Nurse Corps. See Nurse Corps. of State, War, and Navy Building, 154. SUPERIOR OFFICERS: Permitting detachment of ineligible officers, 937. INDEX. 749 SUPERNUMERARY OFFICERS: Discharge, on application, pay, 998. SUPPLEMENT: to Revised Statutes. See Revised Statutes. SUPPLIES. For a particular article, see the specific title. Army. See Supplies, Army. Executive departments. See Executive depart- ments. SUPPLIES, ARMY. See also Public property. Advertising and award of contract, 1199. Contractor's name to be marked on, 1241. Contracts, direction of Secretary of War, 1189. Damage or shortage, charged against pay, 691. Manufacture at military prison, 487. Proceeds of sales to colleges, etc., 951b. Purchases, after advertisement, exception, 1198. Purchases in open market, 1198-1200. Quartermaster's supplies. See Quartermaster's Department. Reserve, appropriations available for, 616a. Sales to educational institutions, 951a, 951b. Sales to Philippine Government, proceeds, 417. Subsistence stores. See Subsistence Department. Transportation by private parties, 538. Transportation, United States vessels preferred, 152. SUPPLY COMMITTEE. See General Supply Committee. SUPREME COURT OF UNITED STATES: Appeal to, from Court of Claims, 295-297. Habeas corpus, writs of, may be issued, 266, 267. SURETIES. See Bonds; Distress warrants; Surety companies. SURETY COMPANIES: Acceptance as security, 389. Agent for service of process, 390. Authority to do business must be granted, 391. Capital of $250,000 required, 391. Charter, etc., deposited in Treasury, 391. Premium, maximum chargeable, 393. Statements, quarterly, to Treasury, 392. SURGEON GENERAL. See also Medical De- partment. Artificial limbs furnished officers, etc., 782. Board on serums, etc., members of, 783. Contract surgeons, appointment by, 738. Hygienic Laboratory, board, member of, 781. Losses of property, to certify charges for, 1256. with Rank of major general, 927f, 927g. Trusses furnished soldiers, etc., 783. SURGEONS, ARMY. See also Civilian physi- cians. Contract.- See Contract surgeons. Dental. See Dental surgeons. SURVEYS: Mark, etc., of, penalty or disturbing, 1313. Property for, transportation of, 532. TABLE OF DISTANCES. See Mileage. TACTICAL ORGANIZATIONS. See the organ- ization. TARGET PRACTICE: Claims for damages to property from, 162. Issue of rifles and ammunition to schools and clubs for, 954a, 954b. Militia. See Militia. TARGET RANGER: Authorization, open to militia, etc., 553. Militia appropriation available for, 1353. TAYLOR SYSTEM: Officers prohibited installing, 864a. TELEGRAPH CORPS: Certificates of service to members of, 458. TELEGRAPH LINES: in Alaska, commercial business over, 897. in Alaska, estimates, 899. in Alaska, by foreign governments prohibited, 897. Connecting Capitol and departments, 128. Military, penalty for destruction, etc., 900. Military, receipts from commercial business, 89a Military, under Chief Signal Officer, 896. Operators for Capitol line, detail of, 127. Washington- Alaska line, receipts, 899. TELEPHONE LIN.E : Military, destruction, etc., penalty, 900. TELEPHONE SERVICE: Executive departments, contracts for, 1197. Long-distance calls from residences, 83. Private, not to be paid from public funds, 83. TEMPORARY CLERKS: in Executive departments, compensation, 45. TERRITORIES. See also Hawaii. Discrimination against uniform, penalty, 1010. Militia. See Militia. TESTIMONY. See Evidence. TEXAS: Permits to Indians to enter, prohibited, 1413. THEATERS: Discrimination against uniform in, penalty, 1010. TIME CLOCKS. See Recording clocks. TIME-MEASURING DEVICES: Use prohibited, 864a. TITLES: to Sites for fortifications. See Fortifications. TOBACCO: Officers not to be interested in purchase, 591. Sale to enlisted men at cost, 606. Sale to soldiers, deductions from pay, 724. TORPEDO STATION: Obtaining, communicating, etc., unlawful infor- mation concerning, penalty, 1317J-1317J. TOXINS: Surgeon General member of board on, 780. TRANSFERS: in Executive Departments. See Executive De- partmentsEmployees. of Enlisted men. See Enlisted men. of Officers. See Officers, Army. from Retired to active list. See Retirement, A rmy. TRANSPORTATION. For a particular class of articles, see the specific title. See also Travel. of Army supplies. See Supplies, Army. on Army transports, restrictions, 528-530. Contracts for means of, advertisement, 1235. Enlisted men, on discharge, 683, 1045, 1046. of Horses for officers, to place of station, 561. Mileage. See Mileage. Nurse Corps. See Nurse Corp*. Officers detailed abroad, 673. 750 INDEX. TRANSPORTATION Continued. Officers, on discharge, 6S3. to Officers in kind, deducted from mileage, 685. of Officers, over land-grant railroads, 686, 687. Officers, restriction as to, 533. Purchase of draft animals, restrictions, 537, 538. Purchase or hire of vehicles, etc., 535. Reimbursement for excess baggage, etc., 526, 527. of Remains of officers, etc., who die abroad, 1063. of Troops, by land-grant railroads, 531. of Troops, preference to, in time of war, 525. of Troops, under direction of Secretary of War, 524. TRANSPORTS, ARMY. See also Transportation. Inspection by Naval officers, 306. Intoxicating liquors not to be sold on, 1295. Safety equipment required, 536. Sale, consent of Congress necessary, 150. Service, discontinuance of, authority, 151. Steamships, purchase for use as authorized, 534. Use, restrictions, 528-530. TRAVEL. See also Transportation; Traveling ex- penses. Accounts, oaths to, who may administer, 65. Allowances of officers on discharge, 684. Mileage. See Mileage. of Officers, necessity for, to be certified, 675. Without troops in Alaska, actual expenses only, 681. Without troops, Secretary of War to define, 671. TRAVELING EXPENSES: of Civil officers and employees, limitations upon, 680a. Military Academy candidates, 1152. Militia officers, board of, per diem, 1338. to Militia officers, etc., attending schools, 1334. Officers on instruction tours, in lieu of mileage, 680. TREASURER OF THE UNITED STATES. See also Public moneys. Appointed by President, 178. Assistants. See Assistant Treasurers of the United States. Authorized, 178. . Duties enumerated, 179. Duties as fiscal agents, 185. Report on unchanged balances, 183. TREASURY DEPARTMENT: Appropriations. See Appropriations. Assistant Treasurers. See Assistant Treasurers of the United States. Claims. See Claims. Claims allowed, report to Congress of, 216. Records of, as evidence, 246, 247. Secretary. See Secretary of the Treasury. Treasurer. See Treasurer of the United States. TREATIES: Power to make, vested in President, 7. TREES: Blazed, to make surveys, cutting, penalty, 1313. on Public lands, cutting, etc., penalty, 1311, 1312. TRESPASS: on Harbor defenses, penalty, 1315. on Public lands. See Public lands. TRIAL: Speedy, in civilrights cases, 1453. TROOPS. See also Troops of the line. of Cavalry. See Cavalry. Pay. See Pay of A rmy. TROOPS Continued. Right of way to, in District of Columbia, 1466. Transportation of. See Transportation. TROOPS OF THE LINE: Artillery. See Artillery. Cavalry. See Cavalry. Coast Artillery. See Artillery. Enlisted strength of organizations, 1105. Field Artillery. See Artillery. Infantry. See Infantry. TRUMPETERS: Rate of pay, 698. TRUSSES: Furnished soldiers, ruptured in line of duty, 782. TYPEWRITERS: Exchange, by departments, authorized, 75a. Exchange, by Signal Corps, 883a. UNIFORM, ARMY. See also Clothing, Army. of Civil War officers who resigned, 1007, 1008. Discrimination against, penalty, 1010. Officers, according to actual rank, 1005. Prescribed by President, 571. Retired officers, according to rank, 988. Spanish War officers who resigned, etc., 1009. UNION VETERANS ASSOCIATIONS: Unauthorized wearing of badge, penalty, 1025. UNITED SPANISH WAR VETERANS: Unauthorized wearing of badge, penalty, 1025. UNITED STATES: Claims. See Claims. Flag. See Flag of United States. Seal. See Seal of United States. Vessels. See Vessels. UNIVERSITIES. See Colleges. USELESS PAPERS: in Executive departments, disposition, 132, 133. VACANCIES: in a particular office, or department, or branch of the service, see the specific title. Caused by retirement. See Retirement, Army. in Line of Army. See Officers, Army. in Staff departments. See Staff Departments. VEHICLES: Hire or purchase for official purposes, 535. Purchase for Executive departments, restric- tions, 82, 82a. VESSELS: Clearance may be refused, 1469a. Contracts for, eight-hour law applicable, 1228- 1230. Departing without clearance, penalty, 1469b, 1472a, 1472b. Insurrection, use in. See Insurrection. Neutrality, enforcement of. See Neutrality. Obtaining, communicating, etc., unlawful infor- mation concerning, penalty, 1317J-1317f . Purchase or hire for official use, 535. Quarantine. See Quarantine. of United States preferred for transportation, 152 Use as cruisers and transports, payment, 534. VETERINARIANS: of Artillery Corps, pay, 1078. of Cavalry, entitled to retirement, 1079. of Cavalry, pay, 1078. of Coast Artillery, entitled to retirement, 1079. Commutation of quarters, 668a, 668b. Duties, animals to be cared for by, 544. Retirement, 1079. Sea travel, actual expenses only allowed, 682, INDEX. 751 VICE-ADMIRAL, NAVY: Relative rank with officers of Army, 352. VICE PRESIDENT OF THE UNITED, STATES. See also President of the United States, Exempt from militia duty, 1323. Term of office, commencement of, 3. VIRUSES: Board on, Surgeon General member, 780. VOLUNTARY SERVICE: Acceptance of, forbidden, exception, 37, 1195. VOLUNTEER ARMY. See also Militia; Volun- teers. Appointments in, 1384. ARTILLERY Medical personnel of regiments, 1385. BRIGADES Composition, 357. Organization of, authorized, 1385. CAVALRY Medical personnel of regiments, 1385. Chaplains, 1387. Constitutes branch of Army, 328. Corps, Army, 357. Desertion. See Desertion. DIVISIONS Compositions, 357. Organization of, authorized, 1385. ENGINEERS Battalions, medical personnel, 1385. ENLISTED MEN Apportioned among States, etc., 1384. Authorization for enlistment, 1384. Certificates of merit may be issued, 1385. Pay. See, this title, Pay. Enlistment. See, this title, Recruiting. ENROLLMENT of Militia organizations, 1384. Period of, same as for Regular Army, 1383. Proclamation to State, number for each arm' etc., 1384. Restricted to time of war, etc., 1383. Exempted persons, 1324. GOVERNMENT Subject to Army Regulations, 1385. HOSPITAL STEWARDS Appointment in Regular Army, 761. INFANTRY Regiments, medical personnel, 1385. MACHINE GUN DETACHMENTS Organization as President directs, 1385. Maximum strength, 1391. Medals of honor. See Medals of honor. MEDICAL DEPARTMENT Inspectors detailed with each army, etc., 1393. Officers of, command to which entitled, 1393. Organization, as President directs, 1385. MILITARY PRISONS. See also Military prison. Organization, as President directs, 1385. MUSTER. See also Muster rolls. Out on termination of war, etc., 1383. Rolls to Adjutant General for file, 1390. Nurses authorized, 1384. OFFICERS Additional for drilling recruits authorized, 1391. Appointed by President, 1386. Appointment, preference to certain classes, 1388, VOLUNTEER ARMY Continued. OFFICERS Continued. Appointment of Regular Army officers, 361. Appointments above colonel prohibited, 1386. Appointments from Regular Army, 1388. Assignment and transfer, 1393. Authorization for appointment, 1384. Brevet rank may be conferred, 1385. Commissioned in arm of service, 1386. Defect in title to office, etc., pay, 457. Eligible for service on courts-martial, 1385. Medical, command by, 1393. of Militia, appointed in volunteers, 1384. Number restricted, 1386. Pay. See, this title, Pay. Promotions, 1385. Staff. See, this title, Staff officers. Organization, 1385. PAY. See also Pay of A rmy. during Captivity, 720. of Enlisted men fixed, 1394. to Heirs of officer whose muster is amended, 456. of Officers not duly mustered, 455. of Officers same as for Regular Army, 1394. Similar to that of Regular Army, 636. Paymasters. See Paymasters. Pensions. See Pensions. Promotions, 1385. RECRUITING Additional officers for, authorized, 1391. Employment of retired noncommissioned offi- cers, etc., on, 1392. Employment of retired officers in, 1392. Secretary of War to have direct control, 1391. RECRUITS Additional officers for drilling authorized, 1391. REGULATIONS Subject to Army Regulations, 1385. RELIGIOUS ORGANIZATIONS Member of certain, exempt from duty, 1324. REMOUNT DEPOTS Organization, as President directs, 1385. Repeal of former volunteer acts, 1395. RETURNS to Adjutant General, 1390. of Disbanded organizations, filing, 439. Rendered to The Adjutant General, 439. of Sick and wounded, disposition, 439. SECRET-SERVICE AGENCIES Organization, as President directs, 1385. SERVICE Termination of, 1383. SIGNAL CORPS Medical personnel, 1385. Organization as in Regular Army, 1385. STAFF OFFICERS Additional authorized, 1387. Appointed by President, 1387. for Commands, authorized, 360. Number and rank authorized, 1387. Number, restriction on, 1387. VO LUNTEERS. See also Volunteer A rmy. Claims for service during Spanish War, 218. Homes for. See National Home for Disabled Vol unteer Soldiers. Service in. See Pay of A rmy; Retirement. Uniform and title of those mustered out, 1009. 752 INDEX. VOTERS. See also Elections. Officers attempting to fix qualifications, 1459. WAGONERS: Rate of pay, 697. WAGONS: Purchase of, by contract, after advertisement, 1235. WAR: Articles of. See Articles of War. Civil War. See Civil War. Claims. See Claims. Pensions. See Pensions. Records of a particular . See the specific title. Transportation, preference to troops, 525. WAR COLLEGE, ARMY: Establishment, scope, etc., 1182. WAR DEPARTMENT. See also Army; Execu- tive departments. ACCOUNTS. See also Accounting of public money. Settlement of, between bureaus, 808. Assistant Secretary. See Secretary of War. Auditor. See Auditor for War Department. BUREAUS Settlement of accounts with Medical Depart- ment, 775a. Supplies, etc., procured for another bureau, payment, 417a. CHIEF CLERK Appointed by Secretary, 144. Custody of papers in absence of Secretary, 144. Requisitions, etc., when may sign, 145. CLERKS. See also, this title, Employees. in Chief of S taff's O ffice. See Chief of Staff. Details of, restricted, 363. at Military headquarters. See Military head- quarters. to Retired officers, forbidden, 989. at Service schools, pay, 362, 362a. DISBURSING OFFICERS. See Disbursing officers; see Disbursing officers, Army. EMPLOYEES Additional pay prohibited, exception, 161. Additional, prohibited, penalty, 161. Clerks. See, this title, Clerks. Inteiment, 1063. Insular officers. See Insular Affairs, Bureau of. PROPERTY Custody in Secretary of War, 148. Record and Pension Office. See Record and Pen- sion Office. Secretary. See Secretary of War. WAR OF 1812: Records of, transferred to Secretary of War, 440 WARRANTS: in Civil rights cases, 1449, 1450. Distress. See Distress warrants. for Public money, requirements, 237. WASHINGTON-ALASKA MILITARY CABLE. See also Telegraph lines. Receipts from, disposition, 899. WASHINGTON BARRACKS: Use of, by militia, authorized, 1379. WATCHMEN: in Executive departments. See Executive de- partments. in Office of the Chief of Staff, 362, 362a. WEST POINT MILITARY RESERVATION: Command of, vested in Superintendent of Mili- tary Academy, 1111. Erection of churches, when allowed, 1181. WHITE HOUSE. See President of the United States. WIDOWS' PENSIONS. See Pensions. WINES. See Intoxicating liquors. WITNESSES. See also Articles of War. Acceptance of bribe by, penalty, 1253. in Claims cases. See Claims. befoie Courts-martial. See Courts-martial. Examination, attorneys for, 137, 264. Oaths, who may administer, 64. WOMAN'S RELIEF CORPS: Unauthorized wearing of badge, penalty, 1025. WOMEN: Appointment of, as clerks, authorized, 26. Salary of, as copyist, 44. WORKMEN. See also Laborers. in Armories, etc. See Armories and arsenals. Eight hours to constitute day's work, 1218, 1219. WOUNDS: Absence of officers on account of, 661. WRITS: of Habeas corpus. See Habeas corpus. YELLOWSTONE NATIONAL PARK: Detail of troops for protection, 1300. YOSEMITE NATIONAL PARK: Detail of troops for protection, 1301. Rights of way through, 1282. YOUNG MEN'S CHRISTIAN ASSOCIATION: Supplies, etc., carried on Army transports, 529. UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW OCT 21 DEC 22 n JAN ie OCT 22 1918 30m-l,'15 YC 53698 306475 UNIVERSITY OF CALIFORNIA LIBRARY