KY. STATE LIBRARY. EXCHANGE OOV^/uOUOo -<^JO^> UNITED STATES LAWS RELATING TO THE NAVY, MARINE CORPS, ETC., COMPILED FROM THE REVISED STATUTES SUBSBQUENT ACTS 10 JUNE 17, 1898, A DIGEST OF THE DECISIONS OF THE COURTS AND OPINIONS OF THE ATTORNEYS-GENERAL. BY WILLIAM H. MICHAEL (Late of the U. S. Navy), AND ^ PUBLISHED BY AUTHORITY OF CONGRESS. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1898. .:* >,.:., - ' PREFACE. The necessity for a revision of the laws relating to the Navy and Marine Corps was felt by the Naval Committee of the two Houses of Congress and by the Navy Department, and the Senate, through the Joint Committee on Printing, directed the revision to be made. The Secretary of the Navy tendered any assistance practicable for the Department to extend in accomplishing the work. The Judge- Advo- cate-General of the Navy, Captain Lemly, examined the proof sheets and noted many valuable suggestions. Mr. E. P. Hanna, chief clerk in the Judge- Advocate-General's Office, read the proofs critically and rendered the reviser most valuable assistance in many ways in con- nection with the work. The reviser takes pleasure in acknowledging the valuable service thus rendered him. This revision includes all laws relating to the Navy and Marine Corps up to and including June 17, 1898. To keep the book within proper limits as to size, much matter con- tained in Mr. Hogg's compilation, which did not strictly relate to the Navy and Marine Corps nor to the Navy Department, was expurgated. The arrangement is somewhat different from that of Mr. Hogg, yet in a general way his arrangement has been preserved, for the reason that it was considered very good, and because it was thought desira- ble not to disturb the familiarity of those who had used the Hogg com- pilation by substituting for it a compilation wholly different in its arrangement. The notes have been completely revised, and instead of retaining them as they were in the Hogg compilation they have been uniformly inserted as footnotes. At the end of the work may be found the gist of decisions of Federal courts and opinions of Attorneys-General construing United States statutes relating to the Navy and Marine Corps and Navy Depart- ment. This is alphabetically arranged, and the author feels confident that it will be found of value. While the compiler is conscious that defects and errors will be met with in this revision, as is the case in all works of similar character, yet he feels that it will serve the purpose for which it is intended reasonably well. There have been six compilations and revisions of the laws relating to the Navy and Marine Corps. The first was a volume of 198 pages, and was compiled in 1826 by order of the Secretary of the Navy. The second was by Benjamin Homans, of the Navy Department, and was compiled in 1843. This volume contains 246 pages, and includes the laws of the Twenty-seventh Congress. The third was compiled in 185& by John F. Callan, clerk to the Military Committee, and A. W. Russell, clerk to the Naval Committee of the United States Senate, and con- tains 464 pages. The fourth was a revision of Mr. Honians's work, and was printed in 1865. It contains 253 pages. The fifth was made by order of the Navy Department in 1875, and includes the laws of the Forty-third Congress. This volume contains 374 pages. The sixth was a compilation and revision by John W. Hogg, made in 1883, and contains 401 pages. 3 996844 TABLE OF CONTENTS. Page. Account ing officers and accounts. 159-166 Accounts, accounting, etc 159-229 A< rotiutsof lost vessels ami cloth- ing 166-168 Advertising, prices, etc 168-170 Allowances, etc 89-101 Apprentices, etc 123-130 Appropriations, estimates 170-177 Articles for the government* of the Navy 7-21 Artificial limbs, trusses, and ap- pliances 58-60 Assistant naval constructors, etc 78-79 Attorney-General, Department of Justice, duties, etc 178-179 Attorney-Generals, opinions of.. 454-523 Attorneys and agents of Govern- ment 179-180 Binding, public 235-245 Board of health 421-428 Bounty, etc 272-274 Bribes, contributions, presents, etc 268-271 Buildings, public 249-250 Cemeteries, national 60-61 Chaplains, appointment of, etc . 26 Checks and drafts 220-224 Citizenship 349-351 Civil engineers, appointment of, etc 26-27 Civil service 180-196 Departmental regulations .. 189-193 In Executive Departments.. 180-188 Oath of office 188-189 Temporary vacancies 193-194 Tenure of office, etc 194-196 Claims and claim agents 197-202 Clothing, lost 166-168 Coast survey 274-275 Coins, foreign value of 226-228 Collisions, rules of the sea 275-2J'7 Conspiracy, etc 448-453 Contingent fun. Is .. . 209-210 Page. Contracts, supplies, etc 28-44 Contributions 268-271 Cooly trade 440-448 Courtof Claims, jurisdiction, etc. 202-209 Debts due by or to the United States 211-213 Decisions of Federal courts, etc . 454-523 Deserters and desertion 44- '7 Dies, etc 224-229 Diplomatic and consular officers . 297-300 Disbursing officers 159-229 Disbursing officers and agents .. 213-220 Dismissal and resignation of offi- cers 47-50 Executive departments, civil service in 180-188 Engineer Corps, appointments in, etc 50-54 Expatriation 301 Extradition 301-305 Federal courts, decisions of 454-523 Fish Commissioner, duty of Navy relating thereto 305-307 Flags and standards 307 Fraud, forgery, theft, etc 307-311 Furlough and furlough pay 98-99 Grounds, public 249-250 Guano islands 311-313 Habeas corpus, power of courts, etc 313-316 Homesteads, rights of sailors... 316-319 Hospitals, asylums, etc 54-56 Hydrographic Office, establish- ment of, etc 61-62 Importations, etc 320 Insane of the Navy, Government Hospital for 56-57 Insurrection, etc 448-453 K idnaping 440-448 Light-House Board and lights and buoys 320-321 Lights, rules concerning 275-2117 Line officers of the Navy, grades, etc *. 62-65 5 TABLE OF CONTENTS. Page Mail matter, etc 406-411 Maiming, punishment for 343-347 Marine Corps 140-159 Forage, fuel, quarters, etc .. 156-159 Organization, etc 140-146 Pay. rations, and mileage of. 149-156 Retirement 146-149 Maies. rating, etc 65 Mathematics, professors of 102-103 Medical Corps, appointment in, etc 65-69 Merchant vessels and service. yachts 322-343 Miscellaneous provisions 21-25-268 Money, public 159-229 Murder, manslaughter, maiming, mutiny, etc 343-347 Mutiny, punishment for 343-347 National Home for Volunteer Sol- diers and Sailors 57-58 Naturalization 347-349 Naturalization, citizenship 347-349 Nautical Almanac 69 Naval Academy, naval cadets.. . 70-77 Naval constructors, etc 77-78 N a /al observatory 79 N a val storekeepers 79-80 Navy Department, Secretaries and Bureaus 229-235 Navy-yards and stations 80-84 Neutrality, alien enemies, etc .. . 351-360 Alien enemies 359-360 International convention, amelioration of wounded, etc 355-359 Patents and patented articles .. . 360-361 Pay and allowances 89-101 Pay ( 'orps 84-89 Pension funds, naval 379-384 I vision laws, naval 385-399 Pensions, Navy 362-379 Perjury, punishment for, etc 399-400 Pilots, pilotage, regulations, etc. 404-405 Piracy, robbery 400-404 Page. Postage, mail matter, etc 406-411 Presents, etc 268-271 Printing, public 235-245 Prize, prize money, etc 412-421 Prizes, prize money 412-421 Professors of mathematics 102-103 Promotion or advancement in the Navy 103-107 Public documents, public print- ing and binding 235-245 Public or department records .. - 245-248 Public property, buildings and grounds 249-250 Public property, use of, sale of.. 251-261 Quarantine and board of health . 421-428 Railroads and telegraphs 428-432 Rank and precedence 108-113 Rations, etc 113-115 Rebellion^etc 448-453 Records, departmental 245-248 Reserved timber lands 432-436 Retirement, pay, etc 116-121 Revenue-Cutter Service, rank in, etc 436-439 Revised Statutes 261-267 Salary, extra, etc 99-100 Sale of public property and mate- rials 257-261 Seamen in the Navy, apprentices, etc 123-130,322-333 Secretaries and clerks 121-123 Slave trade, kidnaping, cooly trade, etc 440-448 Statutes, Revised and at Large. . 261-267 Timber lands reserved for Navy. 432-436 Traveling expenses 100-101 Treason, rebellion, conspiracy, and insurrection 448-453 Vessels of the Navy, officers, etc. 130-137 Volunteer service, naval 137 Warrant officers, number and appointment of, etc 138-139 Weights and measures 224-229 Yachts . . . 342-343 .A. AV S . DIVISION I. . ARTICLES FOR THE GOVERNMENT OF THE NAVY. Articles for the government of the Navy, aec. 1624,600. Authoritv of officers after loss of vessel, art. 21.' Commanding officers, duties of, art. 20. Commanders duties of supervision and control, art. 1. Courts of inquiry, art. 55. By whom ordered, art. 55. Constitution of, art. 5C. Oath of members and judge-advocate (if, art. 58. Powers of, art. 57. Proceedings of, how authenticated and used as evidence, art. 60. Eights of party inquired of, art. 59. Tnals to be within two years of com mitting offense art, 61. Trials for desertion in time of peace, art. 62. Martial, general siimmary. Crimes, certain, of fraud against the United States, art. 14. Dealing in supplies on private account, art. li. Desertion by resignation, art. 10. Distilled spirits only as medical stores, art. 13. Divine service, art. 2. Enlisting deserters, minors, etc., art. 19. Fugitives from service, returning same, art. 13. General courts-martial, art. 38. By whom convened, art. 38. Charges to be furnished accused, art. 43. Confirmation of sentence of, art. 53. Constitution of, art. 39. Contempts of, art. 42. Duty of officer arrested, art. 44. Flogging, branding, etc., art. 49. Judgment, authentication of, art. 52. Members, absence of, art. 46. Oaths of Members of, art. 40. Judge- Advocate, art. 40. Witnesses, art. 41. Punishment by, degree of, art. 51. Suspension of For offenses in time of peace, art. 63. Proceedings of, art. 45. Pay, art, 48. < Jem-nil courts-martial Continued. Sentences of How determined, art, 50. Remission and mitigation of, art. Trials to be within two years of com- mitting offense, art. 6] ". For desertion in time of peace, art. 62. Provided, time limit to run from end of term, ibid. Witnesses examined in absence of member, art. 47. Importing goods in public vessels, art, 12. Imprisonment in penitentiary, art. 7. Irreverent behavior, art, 3. Maltreating persons taken on a prize, art. Murder, art, 6. Officers absent without leave may be re- duced, art. 9. Offenses : Punishable by death, art. 4. Committed on shore, art. 23. Not specified, art. 22. Punishable at discretion of the court, art, 8. Prize-lists, transmission of, art, 15. Property, removing from captured vessel before condemned as prize, art. 16. Punishments : By order of commander, art. 24. By officer temporarily commanding, art. 25. For offenses in time of peace, art. 63. Spies, art. 5. Summary courts-martial, art. 26. Constitution of, art, 27. Dismissal of officers by, art. 36. Disrating for incompetency, art. 31. Execution of sentence of, art. 32. Manner of conducting proceedings of, art. 34. Oath of members and recorder of, art. 28. Officers dismissed by President may demand trial, art. 3*7. Punishments by, art. 30. Remission of sentence of, art. 33. Same punishments by general court- martial, art. 35. Testimony, how given, art. 29. SEC. 1624. The Navy of the United States shall be gov- Tlt ieio,chap.io. erned by the following articles: Articles estab- lished. July 17,1862, s. 1, v. 12, p. 600. ARTICLE 1. The commanders of all fleets, squadrons, Commander's naval stations, and vessels belonging to the Navy, are J}jjj n ^nd^cor- required to show in themselves a good example of virtue, honor, patriotism, and subordination; to be vigilant in 7 8 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. inspecting tlie conduct of all persons who are placed under tlu'ir command; to guard against and suppress all disso- lute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them ; and any such commander who offends against this article shall be punished as a court martial may direct. juiy"': 3 ^''-^ ART. 2, The commanders of vessels and naval stations i, v. !_>. i,'. 'H'o. ^ to which Chaplains are attached shall cause divine service , . . t<> he. performed on Sunday, whenever the weather and . iliiv I'iicu'iisiances allow it to be done; and it is earnestly ' recommended to all officers, seamen, and others in the naval service diligently to attend at every performance of the worship of Almighty God. i. -| T "ur V ' M ART. 3. Any irreverent or unbecoming behavior during 1< Vi!!.T.',art.2. divine service shall be punished as a general or summary court-martial may direct. ART. 4. The punishment of death, or such other punish- ment as a court-martial may adjudge, may be inflicted on any person in the naval service Mutiny. First. Who makes, or attempts to make, or unites with tiivy 1 ' Division* 1 ^ mu ^ n y or mutinous assembly, or, being witness to or iv. ' present at any mutiny, does not do his utmost to s.uppress it; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately communicate his knowledge to his superior or commanding officer; Disobedience Second. Or disobeys the lawful orders of his superior officer; .striking supe- Third. Or strikes or assaults, or attempts or threatens to strike or assault, his superior officer while in the exe- cution of the duties of his office; Fourth. Or gives any intelligence to, or holds or enter- tains any intercourse with, an enemy or rebel, without leave from the President, the Secretary, of the Navy, the com- mander-in-chief of the fleet, the commander of the squadron, or, in case of a vessel acting singly, from his commanding officer : Fifth. Or receives any message or letter from an enemy or rebel, or, being aware of the unlawful reception of such message or letter, fails to take the earliest opportunity to inform his superior or commanding officer thereof; Desertion in Sixth. Or, in time of war, deserts or entices others to time of war. rloam-f- M4M. !I)96- aeSeit > 1998. Desertion. Deserting trust. Seventli. Or, in time of war, deserts or betrays his trust, or entices or aids others to desert or betray their trust; wSi 6plBf " Eighth. Or sleeps upon his watch; Leaving ta- Ninth. Or leaves his station before being regularly relieved ; Tenth. Or intentionally or willfully suffers any vessel of T "' of the Navy to be stranded, or run upon rocks or shoals, or improperly hazarded; or maliciously or willfully injures any vessel of the Navy, or any part of her tackle, arma- ment, or equipment, whereby the safety of the vessel is ha/ardi'd or the lives of the crew exposed to danger; nn 'Seventh. < )r unlawfully sets on fire, or otherwise unlaw- iic property. folly destroys, any public property not at the time in possession of an enemy, pirate, or rebel; ARTICLES GOVERNING THE NAVY. Twelfth. Or strikes or attempts to strike the nag to an ^f^j enemy or rebel, without proper authority, or, when engaged y'iei.fini. in battle, treacherously yields or pusillanimously cries for Soe note * quarters ; Thirteenth. Or, in time of battle, displays cowardice, b . l ( t 'jjj rar 602> punishment of death; and such sentences of imprisonment See' note 3. and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, or Note 1. By inadvertanoe the statute reads " quarters.' 1 It should read quarter. Note 2. Such other punishment is limited only to that kind of punishment which See art. 5. has become usual. (Op., X, 159.) Sentence of incapacity or disability not within that range. Can only be awarded when specially authorized by law. (Naval con- tractor's case. Op., XII, 528.) To be limited to the customs of the service. Cruel and unusual punishments are forbidden by the law-martial and the Constitution. (Op., X, 160.) NoteS. A naval or marine court-martial, upon conviction for an offense not capi- See art. 7. tal, under articles 7 and 8, may sentence to imprisonment at hard labor. (Op., XII, p. 510, Evarts, Oct. IX, 1868; X, p. 158, Bates, Nov. 1, 1801; IX, p. 80, Black, Sept. 5, 1857.) It is held in Army practice that a sentence of penitentiary confinement in a case of a purely military offense is wholly unauthorized and should be disapproved. Larceny, embezzlement', violent crime, or other offenses made punishable with penitent iary confinemeut by the law of the State, etc., may be legally visited with this punish- ment. (Winthrop's Digest, p. 115, new ed.) The same principles are now applied by the Navy Department. 10 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. which the United States may be allowed, by the legislature of any State, to use; and persons so imprisoned in the prison or penitentiary of any State or Territory shall be subject, in all respects, to the same discipline and treatment as convicts sentenced by the courts of the State or Terri- tory in which the same may be situated. hS^tc ty ' fals ART. 8. Such punishment as a court-martial may adj udge may be inflicted on any person in the Navy- First. Who is guilty of profane swearing, falsehood, drunkenness, gambling, fraud, theft, or any other scandal- ous conduct tending to the destruction of good morals; Cruelty. Second. Or is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders; Quarreling. Third. Or quarrels with, strikes, or assaults, or uses pro- voking or reproachful words, gestures, or menaces toward, any person in the Navy; Fomenting Fourth. Or endeavors to foment quarrels between other persons in the Navy; Duels. Fifth. Or sends or accepts a challenge to fight a duel or acts as a second in a duel; Contempt of Sixth. Or treats his superior officer with contempt, or is ' disrespectful to him in language or deportment, while in the execution of his office; Combinations Seventh. Or joins in or abets any combination to weaken iltt'r'r. r the lawful authority of, or lessen the respect due to, his i, v.i2- P !KS5.7. commanding officer ; ' * n u 8 Eighth. Or utters any seditious or mutinous words ; April 23, 1800, art. 13. v. 2, p. 47. Neglect ot or- Ninth. Or is negligent or careless in obeying orders, or culpably inefficient in the performance of duty; BtSS^Smfe Tenth. Or does not use his best exertions to prevent the ii- property. unlawful destruction of public property by others; 8t ^ exigent Eleventh. Or, through inattention or negligence, suffers any vessel of the Navy to be stranded, or run upon a rock or shoal, or hazarded; Negligent- in Twelfth. Or, when attached to any vessel appointed as convoy to any merchant or other vessels, fails diligently to perform his duty, or demands or exacts any compensation for his services, or maltreats the officers or crews of such merchant or other vessels; Receiving arti- Thirteenth. Or takes, receives, or permits to be received, reight. on b oar( j tue vesse i to which he is attached, any goods or merchandise, for freight, sale, or traffic, except gold, silver, or jewels, for freight or safe-keeping; or demands or re- ceives any compensation for the receipt or transportation of any other article than gold, silver, or jewels, without authority from the President or Secretary of the Navy; False mu.Ht.-r. Fourtf eiitli. Or knowingly makes or signs, or aids, abets, directs, or procures the making or signing of, any false muster; ! 1 Fifteenth. Or wastes any ammunition, provisions, or other public property, or, having power to prevent it, know- ingly permits such waste; 8h^re ndering " Sixteenth. Or, when on shore, plunders, abuses, or mal- treats any inhabitant, or injures his property in any way; ARTICLES GOVERNING THE NAVY. 11 Seventeen tli. Or refuses, or fails to use, his utmost exer- )r tions to detect, apprehend, and briny to punishment alien. offenders, or to aid all persons appointed for that purpose; Eighteenth. Or, when rated or acting as inaster-at-arms, ^.fusing to re- refuses to receive such prisoners as may be committed to ceive prisoners. his charge, or, having received them, suffers them to escape, or dismisses them without orders from the proper authority ; Nineteenth. Or is absent from his station or duty with- Absence from out leave, or after his leave has expired; J 1 ,!. 1 ^, without Twentieth. Or violates or refuses obedience to any law- violating gen- ful general order or regulation issued by the Secretary of regulations? the Navy; Twenty-first. Or, in time of peace, deserts or attempts to ^1*7*^ in desert, or aids and entices others to desert; Twenty- second. Or receives or entertains any deserter Harboring cie- fro .1 any other vessel of the Navy, knowing him to be such, 8e Apr?23, isoo, v. and does not, with all convenient speed, give notice of such ^- ^ Juiy^T, deserter to the commander of the vessel to which he be- longs, or to the Commander-in-chief, or to the commander of the squadron. ART. 9. Any officer who absents himself from his com- officer f bsent , ._, f , . without leave mand without leave, may, by the sentence of a court- may be reduced. martial, be reduced to the rating of an ordinary seaman. 2, ? 13 p%5 864 ' 8< ART. 10. Any commissioned officer of the Navy or Marine Desertion by Corps who, having tendered his resignation, quits his post "'A! gfV.Tsei, 8 . or proper duties without leave, and with intent to remain 2 v - 12 >p- 31G - permanently absent therefrom, prior to due notice of the^f?^^* 1 *; acceptance of such resignation, shall be deemed and pun- turn, 'Division i. ished as a deserter. ART. 11. No person in the naval service shall procure peaiingin sup- stores or other articles or supplies for, and dispose thereof J^unT. private to, the officers or enlisted men on vessels of the Navy, or Aug. 28, 1842, s. at navy-yards or naval stations, for his own account or >v ' 6 ' p ' ' benefit. ART. 12. No person connected with the Navy shall, under t Jj}J ort ^JJ d any pretense, import in a public vessel any article which is public vessels in liable to the payment of duty. lo^g.p ^ 846 ' 8 ' ART. 13. Distilled spirits shall be admitted on board of Distilled spirits vessels of war only upon the order and under the control Jtores? 8 medlcal of the medical officers of such vessels, and to be used only Jiy 14 - 1862, s. for medical purposes. ART. 14. Fine and imprisonment, or such other punish- Certain crimes ment as a court-martial may adjudge, shall be inflicted upon Jh^u nftTd any person in the naval service of the United States St |ee 9 note2 Who presents or causes to be presented to any person in Presenting the civil, military, or naval service thereof, for approval or a 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 Agreement to the United States by obtaining, or aiding others to obtain, S^g e S nt the allowance or payment of any false or fraudulent claim; or Who, for the purpose of obtaining, or aiding others to raise papers. obtain, the approval, allowance, or payment of any claim 12 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Perjury. Forgery. Delivering less 8 for re " 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 VYlio, 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 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 I'nitcd States or any officer thereof, forges or counterfeits, or procures or advises the forging or counter- feiting of, any signature upon any writing or other paper, or uses, or procures or advises the use of, any such signa- ture, knowing the same to be forged or counterfeited; or Who, having charge, possession, custody, or control of any money or other property of the United States, furnished or intended for the naval service thereof, knowingly de- livers, or causes to be delivered, to any person having au- thority 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 certify ing the receipt of any money or other property of the United States, furnished or intended for the naval 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 ^h steals, embezzles, knowingly and willfully misap- propriates, applies to his own use or benefit, or wrongfully and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of the United States, furnished or intended for the military or naval service thereof; or Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any other person who is a P ar k ^ 01 em ply e( l * n sau l service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such other person not having lawful right to sell or pledge the same: or Who executes, attempts, or countenances any other fraud against the United States. Alld if an y person, being guilty of any of the offenses described in this article while in the naval service, receives . llis 'litharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed. " r ART - !? The commanding officer of every vessel in the Navy entitled to or claiming an awaid of prize money shall, 5\' 8 - shall be dismissed from the service. ART. 19. Any officer who knowingly enlists into the naval Enlisting de- service any deserter from the naval or military service of etc. ter8 ' " the United States, or any insane or intoxicated person, or ]8 M * r - 1 :]- 18G 4' 9 o' any minor between the ages of fourteen and eighteen years, May 12,1 .379,' v. 21! without the consent of his parents or guardian, or any minor p> g ee n 0te4 . under the age of fourteen years, shall be punished as a court- martial may direct. ART. 20. Every commanding officer of a vessel in the Navy shall obey the following rules: First. Whenever a man enters on board, the command- Men received ing officer shall cause an accurate entry to be made in the" ship's books, showing his name, the date, place, and term of his enlistment, the place or vessel from which he was received on board, his rating, his descriptive list, his age, place of birth, and citizenship, with such remarks as may be necessary. Second. He shall, before sailing, transmit to the Secre- List of officers, tary of the Navy a complete list of the rated men under'. antlpa8 his command, showing the particulars set forth in rule one, and a list of officers and passengers, showing the date of their entering. And he shall cause similar lists to be made out on the first day of every third month and transmitted to the Secretary of the Navy as opportunities occur, ac- counting therein for any casualty which may have hap- pened since the last list. Third. He shall cause to be accurately minuted on the Deaths and de- ship's books the names of any persons dying or deserting, se and the times at which such death or desertion occurs. Fourth. In case of the death of any officer, man, or pas- Property of de- sen ger on said vessel, he shall take care that the paymaster ceased persons. Note 4. Sees. 1418, 1419, ami 1420, Revised Statutes, have been amended forbidding the enlistment of minors under fourteen instead of fifteen years of age. 14 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. secures all the property of the deceased, for the benefit of his legal representatives. Accounts of Fifth. He shall not receive on board any man transferred from any other vessel or station to him, unless such man is furnished with an account, signed by the captain and paymaster of the vessel or station from which he came, specifying the date of his entry on said vessel or at said station, tlif period and term of his service, the' sums paid him, the balance due him, the quality in which lie was rated, and his descriptive list. Acowm t 8 fcwm Sixth. He shall, whenever officers or men are sent from tfeeship" m his ship, for whatever cause, take care that each man is furnished with a complete statement of his account, speci- fying the date of his enlistment, the period and term of his service, and his descriptive list. Said account shall be signed by the commanding officer and paymaster. inspection of Seventh. He shall cause frequent inspections to be made into the condition of the provisions on his ship, and use every precaution for their preservation. Heaithofcrew. Eighth. He shall frequently consult with the surgeon in regard to the sanitary condition of his crew, and shall use all proper means to preserve their health. And he shall cause a convenient place to be set apart for sick or disabled men, to which he shall have them removed, with their hammocks and bedding, when the surgeon so advises, and shall direct that some of the crew attend them and keep the place clean. Attendance at Ninth. He shall attend in person, or appoint a proper nnal payment 01 L n - /* , crew. officer to attend, when his crew is finally paid off, to see that justice is done to the men and to the United States in the settlement of the accounts. hung^X^and Tenth. He shall cause the articles for the government of read. the Navy to be "hung up in some public part of the ship and read once a month to his ship's company. Every commanding officer who offends against the pro- tins article visions of this article shall be punished as a court martial direct. ART - 21 - Wn en the crew of any vessel of the United States are separated from their vessel by means of her wrec k? l ss ? or destruction, all the command and authority given to the officers of such vessel shall remain in full force until such ship's company shall be regularly discharged from or ordered again into service, or until a court-martial or court of inquiry shall be held to inquire into the loss of said vessel. And if any officer or man, after such wreck, loss, or destruction, acts contrary to the discipline of the Navy, he shall be punished as a court-martial may direct. not ART. 22. All offenses committed by persons belonging to the Navy which are not specified in the foregoing article shall be punished as a court-martial may direct. See art. 22. Note 5. On board a United States vessel of war on the Thames River, under way. opposite New London, a fatal assault was committed upon a member of the crew by another. Held, that a naval court-martial could, under article 22, section 1624, Revised Statutes, take .jurisdiction of the offense as manslaughter. The State authorities could huve tried the case, but it would not have ousted the court-martial of jurisdiction over the same offense so far as it affected the order and discipline ol tli. >hip. (Op., XVI. 578, published in General Order Navv Department 239, Janu- ary 25, 1881.) ARTICLES GOVERNING THE NAVY. 15 ART. 23. All offenses committed by persons belonging [ ) J 1 'jj 18t ' s , com - to the Navy while on shore shall be punished in the same July 17,1862,9! manner as if they had been committed at sea. artlis^cPi C 2 ' ART. 24. No commander of a vessel shall inflict upon a Punisiimentby commissioned or warrant officer any other punishment than SJjS e f ' <>m " private reprimand, suspension from duty, arrest, or contine- 1 Jiy 17.1802,8. ment, and such suspension, arrest, or confinement shall not ib v> 1 >p ' 6 continue longer than ten days, unless a further period is necessary to bring the offender to trial by a court-martial ; nor shall he inflict, or cause to be inflicted, upon any petty officer, or person of inferior rating, or marine, for a single offense, or at any one time, any other than one of the follow- ing punishments, namely : First. Beduction of any rating established by himself. Second. Confinement, with or without irons, single or double, not exceeding ten days, unless further confinement be necessary, in the case of a prisoner to be tried by court- martial. Third. Solitary confinement, on bread and water, not exceeding five days. Fourth. Solitary confinement not exceeding seven days. Fifth. Deprivation of liberty on shore. Sixth. Extra duties. No other punishment shall be permitted on board of ves- sels belonging to the Navy, except by sentence of a gen- eral or summary court-martial. All punishments inflicted by the commander, or by his order, except reprimands, shall be fully entered upon the ship's log. ART. 25. No officer who may command by accident, or rnnishmentby in the absence of the commanding officer, except when ^ commanding. such commanding officer is absent for a time by leave, shall l PJ- ^'/g 800 ;^- inflict any other punishment than confinement. sb7 ' ART. 26. Summary courts-martial may be ordered upon cou ^ . a rtiaL y petty officers and persons of inferior ratings, by the com- mander of any vessel, or by the commandant of any navy- Mar . 2, 1355, s. yard, naval station, or marine barracks to which they ' belong, for the trial of offenses which such officer may deem deserving of greater punishment than such commander or commandant is authorized to inflict, but not sufficient to require trial by a general court-martial. ART. 27. A summary court-martial shall consist of three officers not below the rank of ensign, as members, and of martial a recorder. The commander of a ship may order any offi- J** 1 ^ ^g 88 ' cer under his command to act as such recorder. ART. 28. Before proceeding to trial the members of a oatb of mem- summary court-martial shall take the following oath orer affirmation, which shall be administered by the recorder: "I, A B, do swear (or affirm) that I will well and truly try, Mar. 2. isss, s. without prejudice or partiality, the case now depending, 5 ' 1>>6 - 8 according to the evidence which shall be adduced, the laws for the government of the Navy, and my own conscience." After which the recorder of the court shall take the follow- ing oath or affirmation, which shall be administered by the senior member of the court: u I, A I>, do swear (or affirm) that 1 will keep a true record of the/evidence which shall be given before this court and of the proceedings thereof." 16 LAWS KELATING TO THE NAVY, MARINE CORPS, ETC. Testimony. ART. 29. All testimony before a summary court-martial shall be given orally, upon oath or affirmation, administered by the senior member of the court. punishments i>y ART. 30. S ii in inary courts-martial may sentence petty ts officers and persons of inferior ratings to anyone of the following punishments, namely: Mar. 2, 1855, . First. Discharge from the service with bad conduct dis 7, p. 628. charge; but the sentence shall not be carried into effect in a foreign country. Second. Solitary confinement, not exceeding thirty days, in irons, single or double, on bread and water, or on dimin- ished rations. Third. Solitary confinement in irons, single or double, not exceeding thirty days. Fourth. Solitary confinement not exceeding thirty days. Fifth. Confinement not exceeding two months. Sixth. Seduction to next inferior rating. Seventh. Deprivation of liberty on shore on foreign sta- tion. Eighth. Extra police duties, and loss of pay, not to exceed three months, maybe added to any of the above-mentioned punishments. incom r !etencv for ^ RT ' ^ A summary court-martial may disrate any rated in j uTy P rusei s. person for incoinpetency. 1, art. 10, v. 1-'. p. 603. Execution of ART. 32. No sentence of a summary court-inartial shall mary" -onrf. *' " ^ e carried into execution until the proceedings and sen- !\iar. ji, we^j. tence have been approved by the officer ordering the court Mar'. 2!i867,s. 5. : and by the commauder-in-chief, or, in his absence, by the V 'see 1 i'iote'8 senior officer present. And no sentence of such court which involves loss of pay shall be carried into execution until the proceedings and sentence have been approved by the Secretary of the Navy. Remission of ART. 33. The officer ordering a summary court-martial se Mar! C 2,' 1855, s. shall have power to remit, in part or altogether, but not g v. 10, p'. 628. to commute, the sentence of the court. And it shall be his duty either to remit any part or the whole of any sentence, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced; or to submit the case again, without delay, to the same or to another summary court-martial, which shall have power, upon the testimony already taken, to remit the former pun- ishment and to assign some other of the authorized punish- ments in the place thereof. di?c\Tn" er >ro f ceed ^ RT - 34. The proceedings of summary courts-martial in. ' ' shall be conducted with as much conciseness and precision 9 p cV' 18: " s as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the Secre- tary of the Navy, with the approval of the President; and See art. 32. Note 6. The proceedings of all general and summary courts-martial and courts of ii I'linry, after action thereon l.v the reviewing officer, will be forwarded direct to the Judge-Adv.M-atr-tJrn, n.l of th.- Navy, accompanied by a comaiunioation addressed '" l "" 1 All oommunlcaoona pertaining to questions of law In-fore such courts, HM, Hiring th,- art ion of the Department, must also bf addr-^t-d to him. (Sec U.S. Navy Krgulations, 1896.) ARTICLES GOVERNING THE NAVY. 17 all such proceedings shall be transmitted, in the usual mode, to the Navy Department. ART. 35. Auy punishment which a summary court-mar m tial is authorized to inliict may be inflicted by a general SS court-martial. M^l'/oas. 1855) 8> ART. 36. No officer shall be dismissed from the naval iu ^ niis8al olof - service except by the order of the President or by sentence jnhr is, isee, a. of a general court-martial; and in time of peace no officer 5 > v> 14) IK 92- shall be dismissed except in pursuance of the sentence of a general court-martial or in mitigation thereof. ART. 37. When any officer, dismissed by order of the m Pj ce b r d ^; President since 3d March, 1805, makes, in writing, an president 7 may application for trial, setting forth, under oath that lie has de -S and o tr S- , . 1 j i T~k * T i t "ii i -iii fir. o, loOi}, 9. been wrongly dismissed, the President shall, as soon as the 12, v. 13, p, 439. necessities of the service may permit, convene a court-mar- tial to try such officer on the charges on which he shall have been dismissed. And if such court-martial shall not see act June 22, be convened within six months from the presentation of oountfrnt officers! such application for trial, or if such court, being convened, shall not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void. ART. 38. General courts-martial may be convened by the Generaicourts- President, the Secretary of the Navy, or the commander- "oui yw in-chief of a fleet or squadron; but no commander of a x Ju ] y 1 \ 7 ' 18 f|' 8< fleet or squadron in the waters of the United States shall eo3 ar ' convene such court without express authority from the President. ART. 39. A general court-martial shall consist of not Constitution of. more than thirteen nor less than five commissioned officers i^rt y iY,V 18 i| p*. as members 5 and as many officers, not exceeding thirteen, 603. ' as can be convened without injury to the service, shall be ' summoned on every such court. But in no case, where it can be avoided without injury to the service, shall more than one-half, exclusive of the president, be junior to the officer to be tried. The senior officer shall always preside and the others shall take place according to their rank. ART. 40. The president of the general court-martial shall oaths of mem- administer the following oath or affirmation to the judge- advocate. JU advocate or person officiating as such : l JJfiA 1 ^ 1 s ' " I, A B, do swear (or affirm) that I will keep a true record ' see note's. "' of the evidence given to and the proceedings of this court; that I will not divulge or by any means disclose the sen- tence of the court until it shall have been approved by the proper authority ; and that I will not at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of jus- tice in due course of law." This oath or affirmation being duly administered, each member of the court, before proceeding to trial, shall take Note /.The minority of some of the memhers of a court-martial is not available See art. 39. as an objection to the validity of the proceedings. (Op., XVI, 550.) XoteS. Special counsel may be employed by the Attorney-General at the request of the Secretary of the Navy to assist 'the Judge- Advocate ill the trial by court- martial. (18 A. G. op., p. 135,' Garland, March 21, 1885.) 376 2 18 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the following oath or affirmation, which shall be adminis- tered by the judge-advocate or person officiating as such: " J, A B, do swear (or affirm) that I will truly try without prejudice or partiality, the case now depending, according to the evidence which shall come before the court, the rules for the government of the Navy, and my own conscience; that I will not by any means divulge or disclose the sen- tence of the court until it shall have been approved by the proper authority; and that I will not at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law." Oath of witness. ART. 41. An oath or affirmation in the following form, i,^i].** shall be administered to all witnesses, before any court- martial, by the president thereof: "You do solemnly swear (or affirm) that the evidence you shall give in the case now before this court shall be the truth, the whole truth, and nothing but the truth, and that you will state everything within your knowledge in relation to the charges. So help you God; (or 'this you do under the pains and penalties of perjury.')" co Contempts of ART. 42. Whenever any person refuses to give his evi- e id ,'art. 13. dence or to give it in the manner provided by these arti- cles, or prevaricates, or behaves with contempt to the court, it shall be lawful for the court to imprison him for any time not exceeding two months. id ar ar 8 t 15 ART. 43. The person accused shall be furnished with a Mar."]6, r i878, v' true copy of the charges, with the specifications, at the 20, p. 30. time j ie - g p u ^ un( j er ar rest; and- no other charges than those so furnished shall be urged against him at the trial, see note 9. unless it shall appear to the court that intelligence of such other charge had not reached the officer ordering the court when the accused was put under arrest, or that some wit- ness material to the support of such charge was at that time absent and can be produced at the trial; in which case reasonable time shall be given to the accused to make his defense against such new charge. 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 cre- ate any presumption against him. ar?e"ted f officer 4 RT> ^' Everv officer who is arrested for trial shall July i?, 1862, deliver up his sword to his commanding officer and confine art. 15, v. 12, p. n j mge if ^o the limits assigned him, on pain of dismissal from the service. procSigH. n f ART. 45. When the proceedings of any general court- id., art. i6 - . martial have commenced, they shall not be suspended or delayed on account of the absence of any of the members, provided five or more are assembled; but the court is enjoined to sit from day to day, Sundays excepted, until Note 9. Article 43 of the Articles for the Government of the Navy (Rev. Stat., 1624) requiring the accused to be furnished with a copy of the charges and specifica- tions "at the time he is put under arrest," refers toliis arrest for trial bv court - martial; and, if he is already in custody to await the result of a court of inquiry, is sufficiently complied with by delivering the copy to him immediately after the Secretary of the Navy has informed him of that result, and has ordered a court- martial to convene to try him. (Johnson v. Sayre, 158 U, S., p. 109.) ARTICLES GOVERNING THE NAVY. 19 sentence is given, unless temporarily adjourned by the authority which convened it. ART. 46. No member of a general court-martial BhaU, m ^JJJ e of after the proceedings are begun, absent himself therefrom. m S,rt.'ie. except in case of sickness, or of an order to go on duty from a superior officer, on pain of being cashiered. ART. 47. Whenever any member of a court martial, from witnesses ex- any legal cause, is absent from the court after the com- sencTof i'mem" mencement of a case, all the witnesses who have been 1 ' 6 *'- examined during his absence must, when he is ready to l '' ar resume his seat, be recalled by the court, and the recorded testimony of each witness so examined must be read over to him, and such witness must acknowledge the same to be correct and be subject to such further examination as the said member may require. Without a compliance with this rule, and an entry thereof upon the record, a member who shall have been absent during the examination of a witness shall not be allowed to sit again in that particular case. ART. 48. Whenever a court-martial sentences an officer Suspension of to be suspended, it may suspend his pay and emoluments ^^ art . u. for the whole or any part of the time of his suspension. ART. 49. In no case shall punishment by flogging, or by b ^^J | K* e ^J8i branding, marking, or tattooing on the body be adjudged r id.,arf.8tm dent, the Secretary of the Navy, or the commander of a fleet o1 ' J3. See note 11. Constitution ART. 56. A court of inquiry shall consist of not more id., art. 23. than three commissioned officers as members, and of a judge advocate, or person officiating as such. ART. 57. Courts of inquiry shall have power to summon witnesses, administer oaths, and punish contempts, in the same mariner as courts-martial; but they shall only state facts, and shall not give their opinion, unless expressly required so to do in the order for convening. . ART. 58. The judge-advocate, or person officiating as advocate. ? such, shall administer to the members the following oath id., art. 25. Qr amrma tion : "You do swear (or affirm) well and truly to examine and inquire, according to the evidence, into the matter now before you, without partiality." After which the president shall administer to the judge- advocate, or person officiating as such, the following oath or affirmation : "You do swear (or affirm) truly to record the proceedings of this court and the evidence to be given in the case in hearing." emolument s where they were not suspended by the court, Sentence of suspension merely does not deprive the party of pay or emoluments. Where forfeiture or loss of pay is made part of the sentence, in' addition to confinement or suspension from duty, the former may be remitted by the proper authority, in whole or in part, with- out'also remitting tlie latter. (Op.,1 V, 432, 444 ; V, 45 ; VI, 200 ; XV, 175. ) It is well settled that it is beyond the power of the President to annul or revoke tlie sentence of a court-martial which has been approved and executed under a former President . The rule is not confined to cases in which the sentence is required to be approved by the President. (Op., X, 64. Kefers to Op., 1, 486 ; IV, 170, 274 ; VI, 369,514; VII, 98.) Forfeiture or loss of pay, by confinement or suspension from duty, under a sen- tence of a court-martial, is not incurred unless the forfeiture or loss be imposed by the sentence. (Op., XV, 175.) The action of an officer who ordered the court, on forwarding the proceedings with the indorsement "that the finding of the court is not sustained by the evidence," can not be deemed to be a disapproval of the sentence of the court. Such disap- proval should be distinctly expressed. (Op., XVI, 312.) Notice by the Secretary of the Navy of the approval by the President of the sen- tence of a court-martial is sufficient evidence of approval and promulgation. (Op., XVI, 550; see also XV, 290.) Sign-manual of the President not necessary. A. disapproval of a sentence by the proper reviewing officer, release from confine- ment, and restoration to duty is tantamount to an acquittal by the court. (Op., XIII, 459.) When the sentence of a court-martial, lawfully confirmed, has been executed, the proceedings in the case are no longer subject to review by the President. (Op.. XV, 290.) In a note to this opinion, observations are submitted upon tlie authority of the President to appoint general courts-martial in cases other than those in which lie is expressly authorized to do so by Congress, and the conclusion reached that such authority is well established. A midshipman was nominated and confirmed as an ensign, subject to examination, but subsequently tried, never having been examined, and sentenced to be dis-.nissed. Under the circumstances, was properly tried as a midshipman. (Op., XVI, 550.) Any person having an interest in the record of a naval court-martial is entitled to have an exemplitied copy of it, after the proceedings are consummated bv t lie proper authority. (Op., XI, 137.) See arts. 55 to Kote 11. Courts of inquiry are open or close, as the authority ordering them m;iy 60. determine. (De Hart, 276.) Their reports are not decisions, but advice, only lor information of Executive. They are not subject to statutes of limitation. M;iy IK; ord'-red ;if ;my subsequent date.' (Op., VIII, 335; VI, 239.) A court of inquiry can not be ordered on a civilian. A body of officers convened to inquire into and report on the facts of the case of an officer who has been legally dismissed is a mere board of invest JMiition, and ran exerei.se none of the special powers of a court-martial or court of inquiry. (Winthrop's Digest, 125; see same as to powers of boards of investigation.) A copy of the record of a court of inquiry is not to be furnished to parties, or their agents, as a matter of right, as is the ropy of the record of a court -martial. < Holt's Digest, 4IU ARTICLES MISCELLANEOUS PROVISIONS. 21 ART. 59. The party whose conduct shall be the subject i of inquiry, or his attorney, shall have the right to cross- w., art. 23. examine all the witnesses. ' under General Courts-Martial, art. 43. ART. 60. The proceedings of courts of inquiry shall be authenticated by the signature of the president of the e d\nd u^f'as court and of the judge-advocate, and shall, in all cases not evidence - capital, nor extending to the dismissal of a commissioned or warrant officer, be evidence before a court-martial, pro- vided oral testimony cannot be obtained. ART. 61. ISTo person shall be tried by court-martial or wi two* years otherwise punished for any offense, except as provided in of committing of- the following article, which appears to have been committed le more than two years before the issuing of the order for such trial or punishment, unless by reason of having absented himself, or of some other manifest impediment he shall not have been amenable to justice within that period. ART. 62. No person shall be tried by court-martial 01^^* iu v>r ti ;]f ) ; otherwise punished for desertion in time of peace commit- of peace" 1 ^ ted more than two years before the issuing of the order for 12 f "28 Itat'.' L!,' such trial or punishment, unless he shall meanwhile have osoi articles absented himself from the United States, or by reason ofSST^ * some other manifest impediment shall not have been amena- ble to justice within that period, 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 ^^^ijjj* JjJ end of the term for which said person was enlisted in the term. Feb. 25, service. ART. 63. Whenever, by any of the Articles for the Gov- Punishment eminent of the Navy of the United States, the punishment rae of pTate. ln on conviction of an offense is left to the discretion of thep^P- 11 ^-'^, court-martial, the punishment therefor shall not, in time of L'., 689 ; articles peace, be in excess of a limit which the President may RSJ^fc&fa?; prescribe. 1895 - Sup.,chap. 137. MISCELLANEOUS PROVISIONS. See. I Sec. 1433. Exercise of consular powers. | 2003. Interference in elections. 1440. Appointments in diplomatic i 5510. Depriving citizens of civil rights, service. 5528. Troops at elections. 5529. Intimidating voters. 5530: Prescribing voters' qualifications. 5531. Interfering in elections. 5532. Disqualification to hold office. Act Mar. 3, 1883. Credit for volunteer service. Act Jan. 31, 1881. Acceptance of decora- tions. tories. j A ct Mar. 3, 1883. Employment on shore 2002. Bringing troops to places of elec- i duty, tion. SEC. 1433. The commanding officer of any fleet, squadron, Title is, chap. 2. or vessel acting singly, when upon the high seas or in any consular pow- foreign port where there is no resident consul of the United er f; eb 20) 1845i 8 States, shall be authorized to exercise all the powers of a 2, v.5,'p.725. consul in relation to mariners of the United States. 1442. Furloughing officers 1547. Regulations and general orders. 1548. Otlicers to be furnished general orders. 1571. Sea service defined. 1586. Medicines and medical expenses. 1587. Funeral expenses. I860. Voting and holding office in Terri- 22 LAWS RELATING TO THE NAVY, MARINE CORPS, ET( 1 . Accepting ap- SEC. 1440. If any officer of the Navy accepts or holds an pointmenta in . , , . .' -.. -, ,. , * . /> ,, diplomatic serv- appointment in the diplomatic or consular service of the iC Mar 30 1868 s Government, lie shall be considered as having resigned his 2, v. is, p. 68. ' ' place in the Navy, and it shall be filled as a vacancy. offices 011 ghing ^ EC * 1442. The Secretary of the Navy shall have author- Mar 8 3, 1835, s. ity to place on furlough any officer on the active list of the 1, V. 4, P. 7f>G; ~" Mar. 3, 1845. s. 6, v. 5, p. 794; Feb. 28, 1855, 8. 3, v. 10, p. 617; June 1, 1860, s. 4. v. 12, p. 27. See note 1. See same section under Furlough, Title, "Pay and allowances." Title is, chap. 7. SEC. 1547. The orders, regulations, and instructions is- Regulations, sued by the Secretary of the Navy prior to July 14, 1862, July 14, 1802^8. w ith such alterations as he may since have adopted, with Se/note2 p ' )0 the approval of the President, shall be recognized as the regulations of the Navy, subject to alterations adopted in the same manner. copy to be fur- SEC. 1548. The Secretary of the Navy shall cause each ni jliiy iTjSK commissioned or warrant officer of the Navy, on his entry 19, v. i2, p. 6io. ' into the service, to be furnished with a copy of the regula- tions and general orders of the ISavy Department then in force, and thereafter with a copy of all such as may be issued. Title is, chap, s. SEC. 1571. No service shall be regarded as sea service sea serriee. except such as shall be performed at sea, under the orders 3 v^iw 80 ' 8 'f a Department and in vessels employed by authority of See note 3. law. Medicines and SEC. 1586. Expenses incurred by any officer of the Navy SSS * 1 attend " for medicines and medical attendance shall not be allowed ' juiy is, i87o, s. unless they were incurred when he was on duty, and the medicines could not have been obtained from naval sup- plies, or the attendance of a naval medical officer could not have been had. Funeral ex SEC. 1587. No funeral expense of a naval officer who dies pe juiy'i5, 1870,8. in the United States, nor expenses for travel to attend the 17, v. IB, P . 334. funeral of an officer who dies there, shall be allowed. But See sec. 1442. Note 1. Furlough ed, in ordinary sense of tlie administration of the Department, is a question of duty and pay, not of rank or place on the roll of the Navy. The officer may be restored by the same power, retains his place in the line of promotion, and it can not be occupied by another. (Op., VIII, 223, Dec. 10, 185C.) See sec. 1547. Note %. Congress is empowered by the Constitution to make Navy Regulations. Those made by the President or subordinates must be in execution of and supple- mental to the statutes and statute regulations. (Op., VI, p. 10; see also X. jt. 4i:i; XII I, p. 9.) A regulation of the Department (Treasury) made in pursuance of an act of Con* gress becomes a part of the law, and is of the same force as if incorporated in Ilie body of the actitself. (U. S. v. Barrows, 1 Abbott, U. S. R , .T.I.) A regulation of a Department is a rule made by the head of such Department for its action, under a statute conferring such power. ;m7, Aug. H. 1801, Bates.) MISCELLANEOUS PROVISIONS. 23 when an officer on duty dies in a foreign country the ex- see note 4. peuses of his funeral, not exceeding his sea-pay for one month, shall be defrayed by the Government, and paid by the paymaster upon whose books the name of such officer was borne for pay. SEC. 1860. * * * Third. No officer, soldier, seaman, Title 23, chap. i. K_JJ_HV^ J-V_/W -- AAAJL Vl ^-^ \S VTA-LAWS.!. k^ V/ i V4. A V^JL W*VUL1C1ULI mariner, or other person in the Army or Navy, or attached v ti ng and holding otfi Territories. L*. V-lJ- \y -4.JLJ. J-U.J V/A. -*-^ W T ^ * Vf J, UVVVCWU.^/** VOtlllff A 11 d to troops in the service of the United States, shall be al- ?}^^? ce in lowed to vote in any Territory, by reason of being on serv- ice therein, unless such Territory is, and has been for the | e j- g 10 ^- J' 7 J ; period of six months, his permanent domicile. v. 12, p. 174 ; 'Mar. 3, 1883, 22 Stat. L., 567. Fourth. No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any see notes. Territory, except officers of the Army on the retired list. SEC. 2002.. No military or naval officer, or other person T1 * le w> engaged in the civil, military, or naval service of the United Bringing States, shall order, bring, keep, or have under his authority p^esoSction or control, any troops or armed men at the place where any see sees. 5528,' general or special election is held in any State, unless it be 5529) 5530) 5532< necessary to repel the armed enemies of the United States, or to keep the peace at the polls. SEC. 2003. No officer of the Army or Navy of the Un States shall prescri be or fix, or attempt to prescribe or fix, eiectioYisT' by proclamation, order, or otherwise, the qualifications of ggff 8ecs ' 5530> voters in any State, or in any manner interfere with the Feb. 25, ises, s. freedom of any election in any State, or with the exercise *' v ' 13) p ' 437 ' of the free right of suffrage in any State. SEC. 5510. Every person who, under color of any law, Title 70, chap. 7. statute, ordinance, regulation, or custom, subjects, or Depriving^m- causes to be subjected, any inhabitant of any State or Ter- ^{J t 8 8 of civil ritory to the deprivation of any rights, privileges, or im- May 31, 1370, s. inanities, secured or protected by the Constitution and laws 17> v> 16 ' p- 144- of the United States, or to different punishments, pains, or penalties, 011 account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or by both. SEC. 5528. 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 author- gjf 6 ^!! 08 ' 2002 ' ity or control, any troops or armed men at any place where Feb. 25, ises, s. a general or special election is held in any State, unless 1)V - 13 ' pt437 ' such force be necessary to repel armed enemies of the United States or to keep the peace at the polls, shall be fined not more than five thousand dollars, and suffer irn- Note 4. Section 1587 prohibits the allowance of the funeral expenses of an officer See sec. 1587. who dies in the United States. The fact that an officer had started on foreign service, but died in a port of the United States at which his vessel had touched, does not relieve the case from the prohibition in the statute. (Op., XIII, p. 341, Nov. 17, 1870, case of Captain Harrison.) Not held by the Navy Department as prohibiting an allowance of an officer's funeral expenses, to the limit in the statute, who dies at sea, on the way home from a foreign station. (Case of Captain Lewis, 1880.) Note 5. By provision of subsequent legislation officers on the retired list may legally hold civil office when elected thereto or appointed by the President and con- firmed by the Senate. 24 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC 1 , prisoninent at hard labor not less than throe months nor more than five years. intimidation of SEC. 5529. Every officer or other person in the military V see 8 8 ec. 2003. or iiaval service who, by force, threat, intimidation, order, ibid., s. 2. 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 im- prisoned at hard labor not more than five years. officersof Army SEC. 5530. Every officer of the Army or Navy who pre- in 5532. Every person convicted of any of the offenses tion for holding . , . . . r> , -t-i.. oittoe. specified in the live preceding sections, shall, in addition to ibid., as. 1,2. j ie punishments therein severally prescribed, be disquali- fied from holding any office of honor, profit, or trust under the United States; but nothing in those sections 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. Mr. s, 1883. Am j all o ffi cers o f the Navy shall be credited with the creditforregu- actual time they may have served as officers or enlisted service !OT men in the regular or volunteer Army or Navy, or both, and J5 I , ar - 3 ' 1 1 f 3 ' p ' shall receive all the benefits of such actual service in all **io (navfl.1 appro- . .. / -n i i -it act) ; respects in the same manner as if all said service had been 2 P ' 473 ' continuous and in the regular Navy in the lowest grade having graduated pay held by such officer since last enter- ing the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: /Y<> Tided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. Tliat a11 officers wll liave been or may be appointed to o -,'. r s reap- any corps of the Navy or to the Marine Corps after service P o3J L *, 1894, in a different corps of the Navy or of the Marine Corps eh. 165, par. ],' shall have all the benefits of their previous service in the same manner as if said appointments were a reentry into tin* Navy or into 1 he Marine Corps. MISCELLANEOUS PROVISIONS. 25 No master, mate, pilot, or engineer of steam vessels licensed under title fifty-two of the Eevised Statutes shall 29 siat. L., m. be liable to draft in time of War, except for the perform- voi.", 1 ^*' SM ance of duties such as required by his license; Exemption irom draft. 11. S., Title LIT. and, while performing such duties in the service of the wge 'for United States, every such master, mate, pilot, or engineer " aval 8ervice - shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties Pensions, etc. under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges ac- corded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. SEC. 3. That all laws or parts of laws in conflict with Repeal. this Act are hereby repealed. No decoration, or other thing, the acceptance of which Jan. 31, issi. is authorized by this act, and no decoration heretofore ^Acceptance of accepted, or which may hereafter be accepted, by conseil t d(; Jyons. gi of Congress, by any officer of the United States, from any 2, chap. 32, r. K. foreign government, shall be publicly shown or exposed p80 - upon the person of the officer so receiving the same. Hereafter any present, decoration, or other thing, which ibid., a. 3. shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, Division rv. 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. Hereafter no officer of the Navy shall be employed on Mar. 3, isss. any shore duty, except in cases specially provided by law, unless the Secretary of the Navy shall determine that employment of an officer on such duty is required by the 2, 8toL public interests, and he shall so state in the order employment, and also the duration of such service, beyond Aug which time it shall not continue. That judges- advocate of naval general courts-martial Jap - 26 > 1895 - and courts of inquiry, and all commanders-in-chief of naval 28 stat. L., 039. squadrons, commandants of navy-yards and stations, and M |j!f I J t 2g t s ' 1 officers commanding vessels of the Navy, and the adjutant rii ^ r j r and ^ a ' and inspector, commanding officers and recruiting officers oaiha^may be of the Marine Corps be, and the same are hereby, author- ^^^afRceta** i/ed to administer oaths for the purposes of the adminis- c it. ai s., B. cc ir>2'4, tration of naval justice and for other purposes of naval ^g 28 ' 29 ' 40 ' 41 ' administration. Note 6. A naval oflrccr can not lawfully servo as a master of a private steam See act of Mar. vessel in the merchant service without having previously obtained the license 3, 1883. required by sec. 4438, R. S., although he may ho eligible by virtue of his commission to take command of a steam vessel of the United States in the naval service. (Op., XV, 61, Pierrepont, Oct. 26, 1875, Commander Philips's case.) . 26 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. CHAPLAINS. Sec. 1395. Number and appointment of. 1396. Qualifications of. 1397. Form of worship. 1398. Annual report. Sec. 1479. Rank. 1481. Rank when retired from age, etc. 1556. Pay. Title is, chap, i. SEC. 1395. There shall be in the Navy, for the public Number a n d armed vessels of the United States in actual service not " l 3fi?i?MOM. exoee ^ n 8 twenty-four chaplains, who shall be appointed 3, v. 2, p. 390;' by the President with the advice and consent of the Apr. 16. 1814, 8.5, a j v. 3, P . 125; Aug! Senate. 4, 1842, 8. 1, v. 5, p. 500. Qualifications SEC. 1396. A chaplain shall not be less than twenty-one f juiv 14, 1862, s. nor more than thirty-five years of age at the time of his appointment. of wor- g E c. 1397. Every chaplain shall be permitted to conduct nnei, 1860, s. public worship according to the manner and forms of the i,v.i2,p.24. church of which he may be a member. Annual report. SEC. 1398. Chaplains shall report annually to the Secre- i, v.'ijjp.'w 880 ' 8> tary of the Navy the official services performed by them. Title 15, Chap.4. SEC. 1479. Chaplains shall have relative rank as follows: Four, the relative rank of captain; seven, that of com- an. , , - '6 1818ma er > ^^ uo ^ more than seven, that of lieutenant-com- 9 vi6 36 samosec.'/'Bankmander or lieutenant. SEC. 1481. * * * Chaplains, * * * who shall leneVof ser g \ e ice r n ave served faithfully for forty -five years, shall, when 11 v ib 3 ' 18 37' 8 ret i re d? have the relative rank of commodore ; and * * * who have been or shall be retired at the age of sixty- two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the com- pletion of forty years from their entry into the service, have the relative rank of commodore. Titiei5,chp.8. SEC. 1556. Chaplains, during the first five years after pay. date of commission, when at sea, two thousand five hun- 3 v 16 15l 33i 70 ' 8 ' dred dollars ; on shore duty, two thousand dollars ; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars. CIVIL ENGINEERS. Sec. i Sec. 416. In Bureau Yards and Docks. 1478. Rank. General order. 1413. Appointment of civil engineers. | 1556. Pay. Title 10. SEC. 416. There shall be in the * * * Bureau of YardT Tnd Yards and Docks: one civil engineer. * * * Docks. July 5, 1862, v. 12, p. 510. See sec. 1396. Note 1. Under this act the President can not appoint a chaplain above the age of thirty-five, although before its passage he had instructed the Secretary of the Navy to prepare the nomination of the person to the Senate. (Op., X, p. 324, Bates, Aug. 28, 1862.) CIVIL ENGINEERS IN THE NAVY. 27 SEC. 1413. The President, by and with the advice and Title 15 i oha ?-_l: consent of the Senate, may appoint a civil engineer * * Appointment. at each of the navy-yards where such officers may be ^Sf ise?,' a. necessary. 1. v. 14 'p 490'; J June 17, 1868, s. 1, v. 15, p. 69. SEC. 1478. Civil engineers shall have such relative rank Tltle *&> *P 4. as the President may fix. Rank. Mar. 3, 1871, s. 9,v. 16, p. 536. See same sec., "Rank The President of the United States has this day, under an the provisions of section 1478 of the lievised Statutes, con- ferred relative rank on civil engineers of the Navy, and fixed the same as follows : One with the relative rank of captain. see note i. Two with the relative rank of commander. Three with the relative rank of lieutenant-commander. Four with the relative rank of lieutenant. Civil engineers will take precedence in their corps, and with other officers with whom they hold relative rank, in accordance with the law regulating precedence of officers of the Navy. SEC. 155C. * * * Civil engineers, during the first five Title 15, chap. 8. years after date of appointment, when on duty, two thou- p a sand four hundred dollars; on leave, or waiting orders, one 3 ^j thousand five hundred dollars ; during the second five years after such date, when 011 duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars ; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thou- sand six hundred dollars. SEC. 7. That section two of the Act making appropria- June 3 - 1896 - tions for the legislative, executive, and judicial expenses 29 stat. L., 202. of the Government for the fiscal year ending June thirtieth, 2 ^gg,; K ' s>t v> eighteen hundred and ninety- five, and for other purposes, Rivers and bar- approved July thirty-first, eighteen hundred and ninety- Retired army four, shall not be so construed as to prevent the employ- Jjj 1 ^ 0< Jj^2i inent of any retired officer of the Army or Navy to do work aS *1>mp en- under the direction of the Chief of Engineers of the United sa j^y 31 1894 States Army in connection with the improvement of rivers ch. 174, s. 2, ante and harbors of the United States, or the payment by the p '|ecame a law proper officer of the Treasury of any amounts agreed upon ^^"preSdoiitl as compensation for such employment. * * veto, Jane 3, ISM! Note 1. See Ops., XV, pp. 165, 597 ; XVI, p. 203, and June 17, 1881. 28 LAWS RELATING TO THE NAVY. MARINE CORPS, ETC. CONTRACTS, SUPPLIES, ETC. Sec. I Sec. tea. 3736. Restriction on purchases of land, money on con- 1549. Regulations of suppl'u 3G48. Advances of public n tracts. 3737. No transfer of contract. 3738. Eight hours to be a day's work. 3709. Advertisements for proposals. | 3739. Members of Congress not to be in- 3710. Opening bids. tercsted in contracts. 3714. Contracts for the military or naval l!740. What interest Members ol < 'onirress service, how controlled' may have. 3718. Naval supplies to be furnished by 3741. Stipulation that no Member of Con- contract, gress has an interest. 3719. Guarantee. 3742. Penalty against officer for making 3720. Record of bid and report to Con- contract with a Member of Con- gress 3721. Purchase without advertisements. gress 3743. Deposit of contracts. 3722. What bids may be rejected, etc.; :!744. Contracts to be in writing. opening bids. 3745. Oath to contract. 3723. Contracts for foreign supplies for j 3740. Penalty for omitting returns. the Navy. '>747. Instructions. 3724. Rejection of excessive bids. 512-515. Returns office. 3725. Hemp. .v>ou. Contracting beyond appropriations. 372G. Preserved meats, etc. Rent of buildings. 3727. Flour and bread. Materials for steam boilers. 3728. Home manufactures to be preferred ; Tobacco for the Navy. fuel. Cotton cordage for the Navv. 3729. Bunting. Life-saving dress. 3730. Relinquishment of reservations on Torpedoes for the Navy. deliveries. Small stores fund. 3731. Name of contractor to appear on 3711. Inspection of fuel in District of * supplies. Columbia; appointment of in- 3732. Unauthorized contracts prohibited. spec-tors, etc. 3733. No contract to exceed nppropria- 3712. Appointment of inspectors, etc., to tion. be notified to accounting ollicers. 2734. Restrictions on commencement of 3713. No payment without certificates. new buildings. 28 Stat., p. 278. Material men. 3735. Contracts limited to one year. Title is, chap. 7. SEC. 1549. It shall be the duty of the President to moke, Regulations of subject to the provisions of law concerning supplies, such supplies^ ^^ regulations for the purchase, preservation, and disposition a. 2, U v.'5, p. 535'; of all articles, stores, and supplies for persons in the Xavy, v^S^ni 47 ' 8 ' *' as mav be necessary for the safe and economical adininis see note i. tratiou of that branch of the public service. See sec. 1549. Note J. Authority given by Congress to make a contract implies none to change it after it is made. (Op., IX, 80, 104 ; see post, Supreme Court Decisions.) Where a contract is made, after advertisement, with the lowest bidder, the head of a Department has no authority to modify its terms in regard to time of delivery, or any other of its material elements. (Op., IV, Sept. 24, 1844, p. 334.) Can not be renewed and extended at the pleasure of a head of a Department. No extension, unless for a period fixed as an alternative in the proposals, is authorized or sanctioned by law. (Op., XIII, 175, Dec. 4, 189.) An act directing the Secretary of the Navy to enter into a contract is not a con- tract per so. The Secretary makes the contract, and may vary the details. ( Wallace, VIII, p. 358; C.C.,1,28.) ' Where the Secretary of the Navy may enter into a contract for the construction of a vessel, he may suspend the work contracted for and agree with the contractors as to the compensation to be paid lor the partial completion of the same. (C. C.,11, p. 126; Otto, V, 91, p. 321.) When a contract is closed the general rule is that it must be executed without change of terms, which are not subject, in general, to change at the will of either party or of both parties. (Op., X, 480.) Later authorities appear to favor t In- exer- cise, by the head of a Department, of a discretion to consent to modifications of detail, in the course of the execution of public contracts, when such modifications (not being in contravention of law) are found to bo for the public interest, and an) not of such a character as to operate to the pecuniary disadvantage of the United States. (Wiuthrop's Digest cites Otto 91, p. 321, and Op., XV, 481.) Where Congress authorized the examination of a claim and appropriated a sum not exceeding a fixed amount to pay it, and a less sum was found due, held that the appropriation was exhausted when latter amount was paid. (Op., IX, 451; see Op., IX, 449, as to principles governing payment of money to a citizen under a special net of Congress.) In breach of contract the law contemplates two elements of damage: (1) Losses sustained; (2) gains prevented. (C. C., VII, 543; alnrme.1 bv S. C.) A military board of survey is an ex parte tribunal ; decision not binding on a con- tractor, its proceedings not evidence against him. etc. (C. C., VII*, p. 213.) The award by a commission on a contract can bo refused to be received, or the contractor can accompany his receipt The sureties of a contractor are not responsible for fulfillment, after his death, on what are called personal contracts, \\here skill or taste is required. (Op., VI, p. 410.) A claim for damages was adjusted by tin; appropriate Department ..n a IM Is to NAVAL CONTRACTS AND SUPPLIES. 29 [Par. l.\ Naval Supply Fund: (1) And the Secretary of March 3, 1897. the Treasury is hereby authorized and directed to cause 29 stat. L., 648. the general account of advances to be charged with the v ^ .^p 1 '. 5 ^; s>> sum of one million dollars, in addition to the sum of two "T' hundred thousand dollars, provided in the Act approved IIJIV J ['"upp "y March third, eighteen hundred and ninety-three, and the tmul three hundred thousand dollars, provided in the Act ap- proved June tenth, eighteen hundred and ninety-six, mak- ing in all one million five hundred thousand dollars, which amount shall be carried to the credit of the permanent naval supply fund, to be used under the direction of the Secretary of the Navy in the purchase of supplies for the naval service, and to be reimbursed from the proper naval appropriations, whenever the supplies purchased under said fund are issued for use. SEC. 3048. No advance of public money shall be made in Title *- any case whatever. And in all cases of contracts for the Advances of performance of any service, or the delivery of articles of^^^ neyou any description, for .the use of the United States, payment Jan. si. 1323, shall not exceed the value of the service rendered, or of s 's e ^' act \rflf ay the articles delivered previously to such payment. * * * 5) 1 1 f 9 l- r 4 O -OL . (jr vj I) . . I) . 105. See note 2. That hereafter no payment shall be made from appropri- V0 f u 2 p p 5?? s>1 ations made by Congress to any officer in the Navy or Payment' Marine Corps on the active or retired list while such officer Spi 18 employed, after June thirtieth, eighteen hundred and tractors, ninety-seven, by any person or company furnishing naval Il>s -' 5498 - supplies or war material to the Government; and such employment is hereby made unlawful after , Employment 'tii IL, 41, lorDiciQcn. said date. SEC. 3709. All purchases and contracts for supplies or Title 43. services, in any of the Departments of the Government, Advertisements except for personal services, shall be made by advertising f i7? OS ]8oi a sufficient time previously for proposals respecting the 10, v. 12, p. 220- same-, when the public exigencies do not require the irnme- is.. 1874 ' v ' diate delivery of the articles, or performance of the service, see notes 3 When immediate delivery or i>eribrinauce is required by the see'act of Jan. public exigency, the articles or service required may be pro- ? 7 ' }*?*> amend- , , te J " J T . mff this section. cured by open purchase or contract, at the places and in see sec. 3718, the manner in which such articles are usually bought and aametitle - sold, or such services engaged, between individuals. which the contractor agreed. His acceptance and receipt, in full, for the sum allowed is a bar to his suit for a further sum. (S. C., Otto, 104, 464: see also Wallace, XIV, 535.) Rescinding or renouncing contracts (see C. C., 1, 61, 336; 111,38; V.496; VII, 331; VIII, 67, 319 ; Op., X, 416) . Government delaying or preventing performance by con- tractor (see C. C., IV, 258, 271; IX. p. 244; Op., XI, 263). Government requesting alter- ations (C. C., IX, 50; Wallace, XVII, p. 592). Willingness and efforts to perform (C. C., VII, 93; V, 490; Wallace, VIII, 77). Fraudulent contracts (Wallace, VII, 463). Sot offs (Op., IV, 380, XI, 120; C. C., XVII, 39,236,322). Fines and penalties (Op., IX, 32). Erasures and substitution 01 items (C. C., II, 366; Wallace, VIII, 489 ; Op., XV, 226; C. C.,V,215). Note2. This section (3G48) does not preclude a payment in any case where the money has been actually earned and the Government has received an equivalent therefor; its object is to prevent payment being made to contractors in advance of the performance of their contracts, whether for services or supplies (18 A. G., 105). \iife !. This section invests the officer charged with the duty of contracting for supplies, or services, with discretion to dispense with advertising if the exigencies of the service require immediate delivery or performance. (C. C., VII, 93 ; S. C., Wallace, VIII, 77; see also Op., Ill, 437; C. C., I, 48- VII, 84; II, 96; IX, 291.) Note 4. A navy paymaster purchasing under instructions from commanding officer, entitled to credit i'or sum expended, although purchased without advertising. (C. C., XV, 247.) 30 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Mar. L% i89i. All supplies hereafter purchased with moneys appropri- 26 stat. L., 799. iitecl for any branch of the naval establishment shall be 90 ^ upp< R> s - p * purchased, classified, and issued for consumption or use Naval supplies, subject to the provisions contained in the act making BdUoSu ed appropriations for the naval service, approved June tliir- R. s.,s. 3718. tieth, eighteen hundred and ninety, in reference to sup- Hi M 37i, ante??! plies therein provided for and on hand. 678. See note 5. June so, 1890. \l supplies purchased with moneys appropriated by 26 stat. L., 205. this act shall be deemed to be purchased for the Navy and deeme^ia'vaiand not for any bureau thereof, and these supplies, together not bureau sup w ith all supplies now on hand, shall be arranged, classified, consolidated, and catalogued, and issued for consumption or use, under such regulations as the Secretary may pre- scribe, without regard to the bureau for which they were purchased. Jan. 27, 1894. That section thirty-seven hundred and nine of the Ee- 28 stat. L., 33. vised Statutes is amended by adding thereto the following : And the advertisement for such proposals shall be made -ertisernents by all the Executive Departments, including the Depart- Si STSrtmen^ ment of Labor, the United States Fish Commission, the a R. s!! s r 3709 n 8 ' Interstate Commerce Commission, the Smithsonian Institu- anlfs notes 6 ' 7l ti n ? ^ e Government Printing Office, the government of the District of Columbia, and the superintendent of the State, t for cer- War, and Navy building, except for paper and materials for use of the Government Printing Office, and materials used in the work of the Bureau of Engraving and Printing, which shall continue to be advertised for and purchased as to be simui-iiow provided by law, on the same days and shall each designate two o'clock post meridian of such days for the opening of all such proposals in each Department and other Government establishment in the city of Washington; when ^d tt ie Secretary of the Treasury shall designate the day or days in each year for the opening of such proposals and give due notice thereof to the other Departments and Government establishments. Such proposals shall be opened in the usual way and Attorney-Gen- Note 5. All purchases and contracts for supplies in any of the Departments of the eral's opinion, Government must be made by advertisement unless immediate delivery is necessarv. Sept, 22, 1894, vol. The first two sentences of section 3709, Kevised Statutes, as amended by the acts 21, p. 59. of January 27, 1894, chapter 22, and April 21, 1894, chapter 61, apply to purchases anywhere in the United States. The remaining three sentences apply only to pur- chases in the city of Washington. The word ."miscellaneous," in the urgent deficiency act of April 21, 1894, section 2, must be restricted to that class of commodities which must be purchased on a con- siderable scale and used alike by many or all of the various Departments and Gov- ernment establishments in the city of Washington. Note 6. R. S., sec. 3709, provides for advertisement for public supplies or services, cept in cases of public exigency. ote 7. See limitation uon thi Note 7. See limitation upon this act, 1894, Apr. 21, ch. 61, sec. 2. Note 8. The laws in regard to advertisements for proposal are contained in the following acts : R. S. , sec. 3709 (see note 5 above). R. S., sec. 3828, no advertisement is to be published without authority from the head of a Department. By 1876, July 31, ch. 246, par. 2 (1 Supp. R. S., 114), advertisements are not to be published in the District of Columbia unless the contracts are to be performed there. By 1878, June 20, ch. 359, pars. 4, 5 (1 Supp. R. S., 202), no more than commercial rates are to be paid for advertisements. By 1881, Jan. 21, ch. 25 (1 Supp. R. S., 314), advertising in the District of Columbia is regulated. - Special provisions in regard to advertising for the Navy. In the naval service: In general, R. S.,secs. 3718 to 3729; 1890, June 30, ch. 640, par. 3 (1 Supp. R. S., 762) ; 1893, Mar. 3, Hi. 212, par. 6. Plate iron, 1878, June 14, Res. No. 30 (1 Supp. R. S., 205). Tobacco, 1881, Mar. 3, ch. 147 (1 Supp. R. S., 326). Gun steel or armor, 1893, Mar, 3, ch. 212, par, 9, p. 131. NAVAL CONTRACTS AND SUPPLIES. 31 schedules thereof duly prepared and, together with the statement of the proposed action of each Department and Government establishment thereon, shall be submitted to ^ to ^. 8ubmit - a board, consisting of one of the Assistant Secretaries of e< the Treasury and Interior Departments and one of the As- sistant Postmasters-General, who shall be designated by the heads of said Departments and the Postmaster-General respectively, at a meeting to be called by the official of the Treasury Department, who shall be chairman thereof, and said board shall carefully examine and compare all the proposals so submitted and recommend the acceptance or -acceptance or rejection of any or all of said proposals. And if any or all rejec of such proposals shall be rejected, advertisements for pro- posals shall again be invited and proceeded with in the same manner. SEC. 2. That the act entitled "An Act to amend Section thirty-seven hundred and nine of the Revised Statutes relating to contracts for supplies in the Departments at Washington," approved January twenty-seven, eighteen hundred and ninety-four, be, and the same is hereby, so amended that the provisions thereof shall apply only to advertisements for proposals for fuel, ice, stationery, and other miscellaneous supplies to be purchased at Washing- ton for the use of the Executive Departments and other Government establishments therein named; and no adver- tisements made or contracts awarded or to be awarded thereon since January twenty -seven, eighteen hundred and ninety-four, in accordance with the laws in force prior to said date, shall be declared to be illegal or invalid for non- compliance with said law of January twenty- seventh, eight- een hundred and ninety-four. SEC. 3710. Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall Resv. ie, P . 246.' be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attor- ney, and a record of each bid shall then and there be made. SEC. 3714. All purchases and contracts for supplies or ontracts services for the military and naval service shall be made by or under the direction of the chief officers of the Depart- ia i' -, , ., ,-.. , . . in July 16, 1798, s. ments of War and of the Navy, respectively. And all3,v.i,p.6io ; Feb. agents or contractors for supplies or service as aforesaid ^ 1877> v< 19 p - shall render their accounts for settlement to the accountant of the proper Department for which such supplies or serv- ices are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury in the manner before prescribed. SEC. 3718. All provisions, clothing, hemp, and other to N b a e va fu 8 rn p i materials of every name and nature, for the use of the Navy by contract. [excepting ordnance, gunpoicder, or medicines, or the supplies j tvhich it may be necessary to purchase out of the United States Note 9. The acceptance of the proposition of a bidder creates a contract of the See sec. 3718. same force and effect as if a formal contract had been written out and signed by the parties. (Otto, 93, 242; C. C., XVII, 92; see Op., XV, 648, as to time in which bids may be withdrawn.) When a party furnishes sureties and binds himself for the performance of his bid, if accepted, the contract becomes mutual and binding from the moment of its accept- 32 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ^ Mar. 3, 1843, v. f or ressels onfortif/ti station*; bunting, chew, things contra- < of war, preserved meats, pickles, butter, and desiccated ?R-O ** \ v l b 28 ' vegetables, flour, fuel, and materials for boilers. Sections 5i3 ; Apr.' iV.iswi 3721, 3720, 3727, 3728, 3729, and acts of June 14, 1878, and ^See'actofJ^'iue^^" 7 '^ '? 1881], and the transportation thereof, when time so, isiHi, amend- w ill permit, shall be furnished by contract, by the lowest 1 bidder, as follows: In the case of provisions, clothing, hemp, and other materials, the Secretary of the Navy shall advertise, once a week, for at least four weeks, in one or more of the principal papers published in the place where such articles are to be furnished, for sealed proposals for furnishing the same, or the whole of any particular class thereof, specifying the classes of materials and referring bidders to the several chiefs of Bureaus, who will furnish them with printed schedules, giving a full description of eacli and every article, with dates of delivery, and so forth. In the case of transportation of such articles, he shall advertise for a period of not less than five days. All such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened by or under the direction of the officer making such advertisement, in the presence of at least two persons. The person offering to furnish any class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for furnishing the same. June 14, 1878. That on and after the passage of this act, the Secretary 20 stat.L M 253. of the Navy be, and he is hereby authorized to purchase at isgis! p.' 205. S " the lowest market price, such plate iron and other material Bteam^Srs f for as m ^ enter into the construction of steam boilers for the Navy may 8 be Navy without; advertising for bids to furnish the same: BttefSrSSt Provided, That he shall cause to be sent to the principal ment. dealers and manufacturers of iron and such other materials 3718. S '' 8 ' 3? 9 ' as ma y be required specifications of the quality description -notices of, to and character of such iron and materials so required : S? C And provided further, That such plate iron and materials sna ^ be subjected to the same tests and inspection as now provided for and which inspection and tests shall be made publicly and in presence of such bidders or their authorized agents as may choose to attend at the making thereof. ance, although a formal written contract is to be subsequently executed. (C. C., vol. A formal notice to a bidder of the acceptance of his bid and of the award of (ho contract to him is beyond recall, and binding on the United States as a completed obligation. An award thus made is in the nature of a preliminary contract. (Op., XV, 226.) Head of Department has power in advertising for proposals to reserve "the right to reject any and all bids if, in his .judgment, the interests of the Government require it." Kight of lowest bidder perfect against others, bul does not exclude tin- counter right of the head of the Department of considering, in tho interest of the Govern- ment, the whole subject, and deciding whether it be fit that anv bid should be accepted. (Op., XIV, 682.) The statutory advertisement for proposals does not enlarge, control, or change the express terms of the contract, and is to be considered as merged therein. (C. C., V, p. 410.) Tin- advertisement and the proposals in response thereto do not form a part of tho BUbwequent contract, and can not be admitted to contradict or vary the terms thereof. Under a contract for a certain quantity of an article, or more if required, a Depart- ment is not precluded from advertising for new proposals and :i\v;mliiig a contract for a superior article. Not obliged to receive more than the specified quantity. (Op., XVJ., 183; see also Op., X, 93.) NAVAL CONTRACTS AND SUPPLIES. 33 It shall be the duty of the Bureau of Provisions and Mar - 2 > 1889 - Clothing to cause property accounts to be kept of all the 25 stat. L., soo. supplies pertaining to the naval establishment, and to report 67 f upp- R S-> p< annually to Congress the money value of the supplies on Bureau of Pro- hand at the various stations at the beginning of the fiscalciothhiginNa^-y year, the dispositions thereof, and of the purchases, and the^.^paj 3 . 001111 ^ J ' ,., ,, T n ' .I i ot supplies on expenditures ot supplies for the year, and the balances hand and report remaining on hand at the end thereof. Feb 14, 1879, ch.68,par.l, ante, p. 216. Bureau of Provisions and Clothing, hereafter to be called Jnly 19 > 1892> Bureau of Supplies and Accounts, * * * 27stat.L., 236. Vol. 2, Supp. E. S., p. 40. Bureau of Sup- plies and Ac- counts. See note 10. And all laws now in force relating to the Bureau of Pro- ,iSj re 21d f S A?" visions and Clothing shall now and hereafter apply to the coimts* 1 " Bureau of Supplies and Accounts. sSTnote n rce ' And the Secretary of the Treasury is hereby authorized Mar. s, iso's. and directed to cause general account of advances to be Permanent na- charged with the sum of two hundred thousand dollars, v ^ 8 s PP sLs U 283' which amount shall be carried to the credit of a permanent 3673, 3676 6CS naval- supply fund to be used under the direction of the Sec- cb '^ Jf'slfpp. retary of the Xavy in the purchase of ordinary commercial E.s.,i94) ; Mar.2,' supplies for the naval service, and to be reimbursed from } 89 }' the proper naval appropriations whenever the supplies 90 ^- A G o purchased under said fund are issued for use. * * * P . en. ' And section thirty-seven hundred and eighteen of the fo Eevised Statutes of the United States, as amended by for supplies. the act of July nineteenth, eighteen hundred and ninety- fee'TSi two, is hereby amended so as to read: "twice a week forSupp. E. s., p'. two weeks or longer, not to exceed four weeks, or once a ^e'e notes 12 and week for two weeks or longer, not to exceed four weeks, in 13 - the discretion of the Secretary of the Navy." * * * That no contract for the purchase of gun steel or armor m lin 8te ^ and for the Navy shall hereafter be made until the subject- veSedforf a matter of the same shall have been submitted to public 37 u inT*' competition by the Department by advertisement. See note's 14 and ID. Note JO. This appears in the appropriation act (27 Stat. L., 243) as a heading not Form explain- a complete sentence followed by the appropriations for the Bureau for the year. ed. Note 11. The laws relating to this Bureau are : K. S., sec. 419, Bureau authorized ; Laws relating R. S., sec. 41G, employees; E. S., sees. 421, 425, qualification of chief; E. S., sees. 420, to Bureau. 430, 3666, 3670, duties"; K. S., sees. 1471, 1472, 1473, 1565, rank and pay of chief; U.S., sec. 1436, former chief exempt from sea duty; 1878, June 19, ch. 312 (1 Supp. E. S., 194), "general account of advances" authorized; 1879, Feb. 14, ch,. 68, par. 1 (ISupp. E. S., 216), "small stores fund" authorized; 1889, Mar. 2, ch. 371 (1 Supp. E. S., 678), accounts to be kept and reports made ; 1890, June 30, ch. 640, par. 2 (1 Supp. E. S., 762), clothing and small stores funds consolidated; 1891, Mar. 2, ch. 494, par. 1 (1 Supp. It. S., 900), supplies to bo naval and not bureau supplies ; 1893, Mar. 3, ch. 212, par. 2, p. 130, "pay, miscellaneous," to be credited with certain receipts. Note 12 . E. S., sec. 3718, provides that materials for the Navy shall be furnished by contract, to be advertised "once a week, for at least four weeks." By 1890, June 30, ch. 640, par. 3 (1 Supp. E. S., 762), this was changed to "twice a week for at least two weeks or longer, not to exceed four weeks, in the discretion of the Secretary of the Navy." By 1892, July 19, ch. 206 (27 Stat. L., 243, 244), this was changed to " twice a week for two weeks or longer, not to exceed four weeks, or once a week for four weeks, in the discretion of the Secretary of the Navy." These are all superseded by the provision appearing above. Note 13. This provision has appeared in the naval appropriation acts of 1891, Mar. 2, ch. 494 (26 Stat. L., 813), and in 1892, July 19, ch. 206 (27 Stat. L., 249). Note 14. This provision supersedes a similar provision in the appropriation act of ]892, July 19, ch. 206 (27 Stat. L., 236). Note 15. This provision is repeated from the naval appropriation acts of 1891, Mar. 2, ch. 494 (26 Stat. L., 815), and 1892, July 19, ch. 206 (27 Stat. L., 251). 37G - 3 34 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Guarantee of g E c. 3719. Every proposal for naval supplies invited by Aug. 10, 1846, the Secretary of the Navy, under the preceding section, 8 'No'fees 101 ire shall be accompanied by a written guarantee, signed by one chargeable or more responsible persons, to the effect that he or they hc undertake that the bidder, if his bid is accepted, will, at v id of obtain- such time as may be prescribed by the Secretary of the 5B^c*$Navy, give bond, with good and sufficient sureties, to fur- bondsmen. Jo A. 11 | s ] l ft ie supplies proposed; and no proposal shall be cou- seenote 16.' sidered, unless accompanied by such guarantee. If, after the acceptance of a proposal, and a notification thereof to the bidder, he fails to give such bond within the time pre- scribed by the Secretary of the Navy, the Secretary shall proceed to contract with some other person for furnishing the supplies; and shall forthwith cause the difference be- tween the amount contained in the proposal so guaranteed and the amount for which he may have contracted for fur- nishing the supplies, for the whole period of the proposal, to be charged up against the bidder and his guarantor; and the same may be immediately recovered by the United States, for the use of the Navy Department, in an action of debt against either or all of such persons. Record of bid SEC. 3720. All such proposals for naval supplies shall be conVeJ^ 01 to preserved and recorded, and reported by the Secretary of Mar. 3, ISA v. the Navy to Congress at the commencement of every regu- lar session. The report shall contain a schedule embracing the offers by classes, indicating such as have been accepted. In case of a failure to supply the articles or to perform the work by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States. Purchases that SEC. 3721. The provisions which require that supplies wffhoJT ad7e d r esmi11 be purchased by the Secretary of the Navy from the using. lowest bidder, after advertisement, shall not apply to ord- Mar 8e 3Ti845 s. nance, gunpowder, or medicines, or the supplies which it Mar' 3 5> i847 sH' m ^ ^ necess ^ rv * purchase out of the United States for v.Q^p. 'i72; Aug! vessels on foreign stations, or bunting delivered for the use p/?72; 8 Mlr V '2' of the Navy > or tobacco, or butter or cheese destined for 1865, a.' ?, v. is, p'. the use of the Navy, or things contraband of war. Con- in 7 de? ee8 ' e Tobac 3 tracts for butter and cheese for the use of the Navy may be ^iSFcfo 116 ' made * or P erio(ls longer than one year, if, in the opinion of 329. 4 p ' the Secretary of the Navy, economy and the quality of the procurSrano? 1 ^ 1011 wil1 be promoted thereby. The Secretary of the advertisement. Navy may enter into contracts for tobacco from time to Mail! March time, as the service requires, for a period not exceeding four years ; and in making such contracts he shall not be restricted to the lowest bidder, unless, in his opinion, econ- omy and the best interests of the service will be thereby promoted. SEC 3722 Thc chief of an y Bureau of the Navy Depart- ment, in contracting for naval supplies, shall be at liberty to reject the offer of any person who, as principal or surety, has been a defaulter in any previous contract with the Note. 16. This opinion was rendered upon the law n-(|iiirin^ n, ( . Secretary of the Navy to ascertain the suth'ciency of sureties on bonds of pay-olb'n is. NAVAL CONTRACTS AND SUPPLIES. 35 Navy Department. Parties who have made default as principals or sureties in any former contract shall not be received as sureties on other contracts; nor shall the co- partners of any firm be received as sureties for such iirm or for each other; nor, in contracts with the same Bureau, shall one contractor be received as surety for another. Every contract shall require the delivery of a specified quantity, and no bids having nominal or fictitious prices shall be considered. If more than one bid be offered by any one party, by or in the name of his or their clerk, part- ner, or other person, all such bids may be rejected; and no person shall be received as a contractor who is not a man- ufacturer of, or regular dealer in, the articles which he offers to supply. All persons offering bids shall have the opening bids, right to be present when the bids are opened and inspect 2| vfS p! 828?' s< the same. SEC. 3723. No chief of a Bureau shall make any contract contracts for for supplies for the Navy, to be executed in a foreign coun- roTtfe Navy! hes try, except it be on first advertising for at least thirty days 3 ^r. 3, mi, 8 . in two daily newspapers of the city of New York, inviting ' sealed bids for furnishing the supplies desired; which bids shall be opened in the presence of the Secretary of the Navy and the heads of two Bureaus; and contracts shall in all cases be awarded to the lowest bidder; and pay- masters for the Navy on foreign stations shall render, when - practicable, with their accounts, an official certificate from the resident consul, or commercial or consular agent of the United States, if there be one, to be furnished gratuitously, vouching that all purchases and expenditures made by the paymasters were made at the ruling market-prices of the place at the time of purchase or expenditure. SEC. 3724. Where articles are advertised and bid for in Rejection ofex- classes, and in the judgment of the Secretary of the Navy Ce jui v y e 4 bu i864 a . any one or more articles appear to be bid for at excessive or 7, v. 13, p. 394. ' unreasonable prices, exceeding ten per centum above their fair market-value, he shall be authorized to reject such bid. SEC. 3725. All hemp, or preparations of hemp, used for Hemp. naval purposes by the Government of the United States, ^^^St* shall be of American growth or manufacture, when the same can be obtained of as good quality and at as low a price as foreign hemp. SEC. 3726. The Secretary of the Navy is authorized to Preserved procure the preserved meats, pickles, butter, and desiccated m jjSy i^isei.s. vegetables, in such manner and under such restrictions and 7 > v - 12, P. 265. ' guarantees as in his opinion will best insure the good quality of said articles. SEC. 3727. The Secretary of the Navy is authorized to p 1 u r a n a purchase, in such manner as he shall deem most advanta- br r. 3, ises a. geous to the Government, the flour required for naval use; 4, v. 12', p! sis. ' and to have the bread for the Navy baked from this flour by special contract under naval inspection. SEC. 3728. The Secretary of the Navy, in making con- Home man n- it -, , * ' A i j? i 111 i actures to be pro- tracts and purchases of articles for naval purposes, shall ferred. give the preference, all other things, including price and quality, being equal, to articles of the growth, production, 36 LAWS RELATING TO THE NAVY, MARINE COKP;S ETC. niid manufacture of the United States. In purchasing Fuel. fuel for the Navy, or for naval stations and yards, the s. i^D^pp/sS Secretary of the Navy shall have power to discriminate and 5l5 - purchase, in such manner as he may deem proper, that kind of fuel which is best adapted to the purpose for which it is to be used. Bunting.^ ^ S EC . 3729. The Secretary of War, the Secretary of the 7, v. 13', P ! 467.' 8 Navy, and the Secretary of the Treasury may enter into contract, in open market, for bunting of American manu- facture, as their respective services require, for a period not exceeding one year, and at a price not exceeding that at which an article of equal quality can be imported. SEC. 3730. The Secretary of the Navy may relinquish on deil Series! 0118 ail( l P a Y a ll reservation s of the ten per centum upon deliv jiinenj.844, 8 . eries made under contracts with the Navy Department, 'see 5 note8 iV and where these reservations have arisen and the contracts have been afterward extended, or where the contracts have been completed after the time of delivery, by and with the consent of the Department, or where the contracts have been dissolved by the like consent, or have been terminated, or an extension thereof has been prevented by operation of law, where no injury has been sustained by the public service. trS e toa f P pear SEC - 3731 - Every person who shall furnish supplies of on supplies. ' any kind to the Army or Navy shall be required to mark ' an( l 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. Unauthorized SEC. 3732. No contract or purchase on behalf of the 3?* b " United States shall be made, unless the same is authorized s io a v c i2 2 ' So 1 ' k v ^ aw or ^ S U11 d er an appropriation adequate to its fulfill- 8> see^noteV ' ment, except in the War and Navy Departments, for cloth- ing, subsistence, forage, fuel, quarters, or transportation, which, however, shall not exceed the necessities of the current year. ei?eda tr r? r? ^ EG< ^733. -^ o contract shall be entered into for the aSon. a " erection, repair, or furnishing of any public building, or n v'^^m 68 ' 8 '* 01 * an y P ublic improvement which shall bind the govern - See sec. 3730. Note 17. Where a contractor failed to compete, and other parties did it on much less terms, held that, the United States having sustained no loss, the original con- tractor was entitled to the 10 per cent, reservation, but not to the profits he -would have made, nor to the difference between the contract price arid that which others were paid. [Some special provisions were in this contract.] (Otto, 99, p. :iO.) Note 18. In a failure to fulfill, neither the head of the Department nor t lie account- ing officers can pay the reservations. They have no authority to adjust claims for damages under contracts. Congress alone can nfl'ord relief. (Op., II, 481 ; 3 V . ''-! . VI, 516.) Claim for unliquidated damages, breach of contract, can not bo entertained by the accounting officers. (Op., XIV, p. 24.) Contract fully performed and no damage whatever sustained bv Government per diem forfeiture not warranted. (Op., XV, p. 420.) The head of a Department may waive a forfeiture in a case of good faith where the forfeiture occurred through misfortune. "The officers of the Government are not bound, from the nature of our institutions, to perpetrate an act of injustice in the name of the United States. (Op., II, p. 485.)" (Op., XII, p. 112.) See sec. 3732. Note 11). Contracts for clothing, subsistence, forage, fuel, quarters, and trans- portation maybe made, though then; i.s DO appropriation adequate to the fiillillm.-nt of the contract or purchase, not to exceed the necessities of tlie current vcar. (On XV, 124 and 209. See also Op., VI, 27.) NAVAL CONTRACTS AND SUPPLIES. 37 inent to pay a larger sum of money than the amount in the See . sec - 5503 - m j. j x- j.t -.a S.-uno title. Treasury appropriated for the specific purpose. SEC. 3734. Before any new buildings for the use of the Restrictions on -r-r i c**, i 1,1 i i r- it commencement United States are commenced, the plans and lull estimates of new buildings, therefor shall be prepared and approved by the Secretary lefSS! 1 187 ' v ' of the Treasury, the Postmaster-General, and the Secretary see sec. aeoaap- of the Interior; and the cost of each building shall notJJJSlL exceed the amount of such estimate. That hereafter any person or persons entering into a , 7 | 8 Sfcat - L P formal contract with the United States for the construction " contractors on of any public building, or the prosecution and completion pu p^ n c a j v ^ 8 d - (o of any public work or for repairs upon any public building include security or public work, shall be required before commencing such ' work to execute the usual penal bond, with good and suffi- cient sureties, with the additional obligations that such contractor or contractors shall promptly make payments to all persons supplying him or them labor and materials in the prosecution of the work provided for in such con- tract; and any person or persons making application therefor, and furnishing affidavit to the Department under the direction of which said work is being, or 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 shall be furnished with a certi- fied copy of said contract and bond, upon which said per- son or persons supplying such labor and materials shall have a right of action, and shall be authorized to bring suit trials furnished. in the name of the United States for his or their use and benefit against said contractor and sureties and to prose- cute the same to final judgment and execution: Provided, Tli at such action and. its prosecution shall involve the United States in no expense. Expense. SEC. 2. Provided that in such case the court in which Co8ts - such action is brought is authorized to require proper security for costs in case judgment is for the defendant. SEC. 3735. It shall not be lawful for any of the Executive Departments to make contracts for stationery or other sup- j an . 31, plies for a longer term than one year from the time the? 8 " *>?$* A i ~t iVl fi r , ^4. 1874. contract is made. Res., v. is, P . 235 [modifying as to certain articles under Post-Office Department] . See note 20. SEC. 3736. No land shall be purchased on account of the Restriction on United States, except under a law authorizing such pur- EJ Chase. May l,1820,s.7, v. 3, p. 568. See Public Prop- erty and Build- ings, Division SEC. 3737. No contract or order, or any interest therein, ^ t a t c r t a 8 nsfer of shall be transferred by the party to whom such contract or C0 ju c i7', 1862, s. order is given to any other party, and any such transfer u,v.i2,p. 5%. shall cause the annulment of the contract or order trans- Note 20. The head of a Department is the competent judge of the matters of fact See sec. 3735. involved in the acceptance or rejection of any of the proposals for stationery. (Op., 38 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. see notes 21, 22, ferred, so far as tbe United States are concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States. bo E a ig day^wo S rk SEC - 3738 - Ei g nt hours shall constitute a day's work for june25, 1868, v! all laborers, workmen, and mechanics who may be em- o^tfiM^^QpJ'ptoy^ l )V or on Behalf f the Government of the United gfarifS*. 8 '"*"- ' 45, 128; XVI, 58. 1882. See sec. 3089, under Ap- propriations: io A.G.Op., p. 685. See note 2-1. Aug. 1,1892. That the service and employment of all laborers and This act was mechanics who are now or may hereafter be employed by Sirt 1 6 onen3*k e Government of the United States, by the District of order" NO. Iw, Columbia, or by any contractor or subcontractor upon any Actfn 6 secretarv of tlie P ublic works of the United States or of the said Dis- jamea e R. soiey? trict 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 Dis- trict 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 to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency. SEC. 2. That any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcontractor whose duty it shall be to em- ploy, 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 misde- meanor, and ibr 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 jurisdiction thereof. SEC. 3. The provisions of this act shall not be so con- strued 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. Tltle * SEC. 3739. No member of or delegate to Congress shall Members ofdirectly or indirectly, himself, or by any other person in hTitortri i trust for llim > or for 18 use or benefit, or on his account, contracts. undertake, execute, hold, or enjoy, in whole or in part, any See sec. 3737. Note SI. This section (3737) is intended simply for the benefit of the United States, which is not compelled ton vail itself of a transfer by the contractor, but may recog- nize the same and accept ;nid pay the assignee. (Ops., XVI, p. 278; XV, p. 2:ili.) Note22. Contracts of :i | K-rsonal nature, importin<; lii^li trust ami conlidenco ic contractors, can not bo assigned or transferred without the consent of the Depart ment. (Op., X, p. 5.) Note 23. An assignment of contract, under net of July 17. 1802, is void, and passes no title, legal or equitable. An assignment of ;i claim for money due under a con- tract passes title to the money due. as 1 hough it were the sale of a chattel. (C. C., IX. p. ir.ii; -- also C.C.,V, 5!U.) Nvtc24. See later ad ol Aimnsi I. 1S9'J. NAVAL CONTRACTS AND SUPPLIES. 39 contract or agreement made or entered into in behalf of the United States, by any officer or person authorized to make' see' note 25.' contracts on behalf of the United States. Every person who violates this section shall be deemed guilty of a mis- demeanor, and shall be fined three thousand dollars. All contracts or agreements made in violation of this section shall be void ; and whenever any sum of money is advanced on the part of the United States, in consideration of any such contract or agreement, it shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the Department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum of money so advanced. SEC. 3740. Nothing contained in the preceding section shall extend, or be construed to extend, to any contract or gressniay have. agreement, made or entered into, or accepted, by any incor- 2,v.2, r P 2 484^eb. porated company, where such contract or agreement is made ^ 1877 > v< * 9 ' P- 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, 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. 3741. In every such contract or agreement to be., 8 * 1 ? 11181 * 1 . 011 _ - . i *J-IT i -i -i r / 1 1 til eit/ no niGinhor made or entered into, or accepted by or on behalf ot the of congress has United States, there shall be inserted an express condition ^p^/fisos s that no member of or delegate to Congress shall be admit- 3,v.2,p.484 ; Feb! ted to any share or part of such contract or agreement, or Ik 1877 ' v ' 19) p ' to any benefit to arise thereupon. That hereafter any person or persons entering into a August is, 1894. formal contract with the United States for the construction 24 stat. L., 278, of any public building, or the prosecution and completion of 23 f upp< vo1 - 2> P- any public work or for repairs upon any public building or Public building public work, shall be required before commencing such ^contractors to work to execute the usual penal (26) bond, with good an d fu jsh b nd to sufficient sureties, with the additional obligations that Serials. r such contractor or contractors shall promptly make pay- Jnt^'SI ch ments to all persons supplying him or them (27) labor and352,at^,'p.62. c materials in the prosecution of the work provided for in m itei*ais r fur r . SUCll COn tract J niahed are not and any person or persons making application therefor, pa and furnishing affidavit to the Department under the direction of which said work is being, or has been, prose- cuted, 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, shall be furnished with a certi- fied copy of said contract 'and bond, Note K. There is no law preventing Government officers, Executive branch, con- See sec. 3739. tracking with the Government in matters separate from their offices and in no way connected with the performance of their official duties, nor against their acquiring an interest in contracts after they are procured. (Op., XIV, 483.) Note 26. See act allowing corporate bonds, 1894, Aug. 13, ch. 282. Note 27. For review of "labor legislation," see note (1) to 1888, June 13, ch. 389 (1 Supp. li. S., 590), aud 1892, Aug. 1, ch. 352. 40 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. person sup upon wliicli said person or persons supplying such labor Knd ma: " e and materials shall have a right of action, and shall be authorized to bring suit in the name of the United States for his or their use and benefit against said contractor and sureties and to prosecute the same to final judgment and execution : NO expense to Provided, That such action and its prosecutions shall involve the United States in no expense. Security for SEC. 2. Provided that iii such case the court in which c Augu8t 13, such action is brought is authorized to require proper 1894. security for costs in case judgment is for the defendant. SEO. 3742. Every officer who, on behalf of the United a States, directly or indirectly makes or enters into any con- member of Con-^ rac ^^ bargain, or agreement in writing or otherwise, other 81 Apr. 2i,i808,8. than such as are hereinbefore excepted, with any member 27 V 'im A v*i9*i>'. of or delegate to Congress, shall be deemed guilty of a mis- 249. demeanor, and shall be fined three thousand dollars. Title 43. SEC. 3743. All contracts to be made, by virtue of any Deposit of con- law, and requiring the advance of money, or in any man- ^ju'f'ie 1798 s nei cormec ted with the settlement of public accounts shall 6.v. u ifp.6io;Feb.'be deposited in the office of the First Comptroller of the 27^1877, v. 19, P. Treasury of the United States, the Second Comptroller of see note 28. the Treasury of the United States, or the Commissioner of Customs ? respectively, according to the nature thereof, within ninety days after their respective dates. in C writ^ tstobe SEC - 3744 - I* sna11 be tbe dut y of the Secretary of War, June 2, 1862, s. of the Secretary of the Navy, and of the Secretary of the *' sel 2 ' notea 29 Interior, to cause and require every contract made by them and so. 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 ; a copy of which shall be filed by the officer making and signing the contract in the Returns Office of the Department of the Interior, as soon after the contract is made as possible, and within thirty days, to gether with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any adver- tisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers iu rela- tion to each contract shall be attached together by a ribbon and seal, and marked by numbers in regular order, accord- ing to the number of papers composing the whole return, oati. to con- SEC. 3745. It shall be the further duty of the officer, r ibid., 8.2. before making his return, according to the preceding sec- tion, to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to ad- minister oaths: " I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a con- No1e28. Naval contracts are now deposited with tho Auditor for the Navy De- partment under act of 1894, which act abolished the office of Second Comptroller. See eec. 3744. Note%9. The requirement in section 11744, " to bo reduced to writing and signed by the contracting parties," ia mandatory and obligatory on contractors and officers. Oral agreement void as an executory contract. (C. (J., IN r , p. 7.">, and V. pp. Gf>, :i38.) Note SO. This section is not infrii matter accepting delivery mi -ii t to extend the time 54.) When an " emergency 291.) NAVAL CONTRACTS AND SUPPLIES. 41 tract 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 con- tract, as required by the statute in such case made and provided." SEC. '3746. Every officer who makes any contract, and ^^^J^ 1 ' fails or neglects to make return of the same, according to im, .3. the provisions of the two preceding sections, unless from unavoidable accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred, and imprisoned not more than six months. SEC. 3747. It shall be the duty of the Secretary of War, instructions. of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government witli 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. SEC. 512. The Secretary of the Interior shall from time to Title 11, chap. 8. time provide a proper apartment, to be called the Returns Returns office. Office, in which he shall caused to be filed the returns of contracts made by the Secretary of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. SEC. 513. The clerk of the Returns Office shall file all ta ^ 6 8 rktofilere - returns made to the Office, so that the same may be of " easy access, keeping all returns made by the same officer in the same place, and numbering them in the order in which they are made. SEC. 514. The clerk of the Eeturns Office shall provide Index book - and keep an index-book, with the names of the contracting parties, and the number of each contract opposite to the names; and shall submit the index- book and returns to any person desiring to inspect it. SEC. 515. The clerk of the Keturns Office shall furnish tu ^ ie8 of re ' copies of such returns to any person paying therefor at June 2,1862,33. the rate of five cents for every one hundred words, to 2> 4) v> 12> p> 41: which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return. SEC. 5503. Every officer of the Government who know- Title ?o, chap. 6. ingly contracts for the erection, repair, or furnishing of any contracting public building, or for any public improvement, to pay a appropria 8 tSon! fi larger amount than the specific sum appropriated for such July 25. ises, s. purpose, shall be punished by imprisonment not less than 'see sees. 3733, six months nor more than two years, and shall pay a fine 3734 > sametitie. of two thousand dollars. 42 LAWS DELATING TO THE NAVY, MARINE CORPS, FTC. Mar. 3, 1877. Hereafter no contract shall be made for the rent of any Contract for building, or part of any building, to be used for the purposes tott^wStetS 6 * tlie Government in the District of Columbia, until an Columbia. _ appropriation therefor shall have been made in terms by ]8 J p n i33?'Mar: 3,' Congress, and that this clause be regarded as notice to ail 1877, v.i 9, p. 370.' contractors or lessors of any such building or any part of building. June 15, 1880. And where buildings are rented for public use in the Dis Rent of bTiii<^ trict of Columbia, the Executive Departments are author- in june is 1880 J ze( l ? whenever it shall be advantageous to the public 21 stat. L., 'p. 228- interests, to rent others in their stead : Provided, That no staf.'L 5 ', 2\? 2 ' 2 " increase in the number of buildings now in use, nor in the amounts paid for rents, shall result therefrom. August 5, 1882. * * *; and it shall be the duty of the heads ot the 22 stat. at L., several executive departments to submit to Congress each P. 522. 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." June 14, 1878. That the Secretary of the Navy be, and he is hereby. Materials for authorized to purchase, at the lowest market price, such steam boaers. plate iron and other material as may enter into the con .structiou of steam boilers for the Navy without advertising Notice to (leal- for bids to furnish the same : Provided, That he shall cause to be sent to the principal dealers and manufacturers of iron and such other materials as may be required, specifi- cations of the quality, description, and character of such Tests. ^ iron and materials so required : And provided further, That 2o J p. 1 253 4 ' 18 ' 8 ' v ' such plate iron and materials shall be subjected to the same tests and inspection as now provided for, and which inspec- tion and tests shall be made publicly and in presence of such bidders or their authorized agents as may choose to attend at the making thereof. Mar. s, 1881. That the Secretary of the Navy be, and he is hereby, 21 stat, L., 509. directed to cause all purchases of tobacco for the use of 22Q?f p ' R ' s>1 p ' the Navy to be made in the city of Washington, and as Tobacco, how follOWS: pl !5arf? wsi, v. I n the month of February or March of each year the 21, p. 509'. Secretary of the Navy shall cause proposals for bids for supplying the Navy with tobacco during the next year to be advertised thirty days in one daily newspaper in each of the cities of New York, JIarrisburg, Pennsylvania, Bal- timore, Richmond, Raleigh, North Carolina, Saint Louis, Louisville, Nashville, Hartford, Connecticut, Detroit, Cairo, Illinois, and Chicago; said tobacco to be manufactured during the months of June, July, August, and September; the bids to be accompanied by samples of the tobacco which each bidder may propose to furnish. The lowest bid for furnishing tobacco equal to the United States Navy stand- ard now in use shall be accepted. 2 Sn ?' R SM v ' ^ n( * ^ ne Secretary of the Navy is hereby authorized and 'Tolmcco; ad- directed to cause advertisement to be made for tobacco for vOTtiaement^ the use of the Navy , as the n eed s of the service may requ ire, in the manner prescribed by law for other supplies, -samples. Bidders shall submit with their proposals a sample of the tobacco which they propose to furnish, NAVAL CONTRACTS AND SUPPLIES. 43 and the contract shall, in the discretion of the Depart- -contract. ment, be awarded to the bidder whose sample is found by a board of officers to be best adapted for use in the Navy. * * That the Secretary of the Navy be authorized and directed June 10, issol to introduce into the naval service rope and cordage man- cotton cordage ufactured of cotton according to the recent methods to such fo jjj le Nay y. an extent as will furnish a fair test of the value and effi- v. 2i"p 172. 1 ' ciency thereof as compared with the kinds now in use : Pro vided, lioicever, That no person shall have any claim what- ever against the United States or any department thereof or receive any compensation therefor. The Secretary of the Navy is authorized and empowered, _Mr._8, isss. within his discretion, to constitute and introduce, as a por- ^Tife^Taving tion of the equipment of the Navy, the life-saving dress tlr g^. 3 1883 c * adopted and approved by the Life Saving Service of the 97, 22Stat. L.', C P !' propriatiou act.] I< or the purchase and manufacture, alter full mvestiga- Torpedoes. tion and test in the United States under the direction of Itleiu> the Secretary of the Navy, of torpedoes adapted to naval warfare, or of the right to manufacture the same and for the fixtures and machinery necessary for operating the same, one hundred thousand dollars: Provided, That no part of said money shall be expended for the purchase or manufacture of any torpedo or of the right to manufacture the same until the same shall have been approved by the Secretary of the Navy, after a favorable report to be made to him by a board of naval officers to be created by him to examine and test said torpedoes and inventions. From and after the first day of April, eighteen hundred Feb. 14, 1879. and seventy-nine, the value of issues of small stores shall ~smaii stores be credited to a fund to be designated as the " small stores fu d : , /, T . ,-, e ,, /, Feb. 14. 1879, v. fund", in the same manner as the value of the issues of 20, p. 288 clothing is now credited to the "clothing fund"; the re- sources of the fund to be used hereafter in the purchase of supplies of small stores for issue. * * * Bureau of provisions and clothing. * * * And the Act of June so, clothing fund and small stores fund shall be hereafter con- 18 SotWn and solidated and administered as a fund to be known as Hie** 1 ! *5 re8 clothing and small stores fund. * * * SSdltSi. Feb. 14, 1879, ch. 68. SEC. 3711. It shall not be lawful for any officer or person Title * 3 - in the civil, military,, or naval service of the United States in the District of Columbia to purchase anthracite or bitu- minous coal or wood for the public service except on con- dition that the same shall, before delivery, be inspected . ^p^* 10 ? J ,.,, IT j_ \. i fnelm District of and weighed or measured by some competent person to be Columbia. appointed by the head of the Department or chief of the branch of the service for which the purchase is made. The person so appointed shall, before entering upon the duty of in inspector, weigher, and measurer, and to the satisfaction of the appointing officer, give bond, with not less than two 1 sureties, in the penal sum of five thousand dollars, and with condition 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 44 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the standard measure of one hundred and twenty-eight cubio feet. The inspector, weigher, and measurer so ap- pointed shall be entitled to receive from the venders of fuel weighed and measured by him twenty cents for each ton of coal weighed, and nine cents for each cord of wood measured by him. 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. eeriobei^kSi SEC< 3712< Tne P r P er accounting officer of the Treasury ibid., s. 2. shall be furnished with a copy of the appointment of each inspector, weigher, and measurer appointed under the pre- ceding section. NO payment g E c. 3713. It shall not be lawful for any accounting offi- \\ithout eertin- ,- ., >, n T i nn cate. cer to pass or allow to the credit of any disbursing officer 11>i 3711 j t sua ]j not be i aw f u i f or any officer or person chapter 179, as. in the civil, military, or naval service of the United States 12 co 4 ai and wood i 11 the District of Columbia to purchase anthracite or bitu- to bo weighed, minous 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 employed in such De- partment or branch of the service: P^ovided 9 That the weigher and measurer of the Navy Department may be appointed outside of said Department, and that such weigher and measurer shall give bond and be paid as heretofore provided by law. 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. certificate. Each load or parcel of wood or coal weighed and meas- ured 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. DESERTERS AND DESERTION. Sec. | Sec. 1420. Deserters not to be enlisted. i 1998. Avoiding draft. 155:J. Untieing persons to desert. j 4749. Certain soldiers and sailors not to be 1624. Punishment for desertion, enlisting deemed deserters. deserters, etc. 5455. Enticing desertion, harboring de 1996. Citizenship forfeited. sen. 1997. When not to be held as a deserter. ' Title is, chap, i. SEC. 1420. No * * * deserter from the naval or mil- Deserters not itary service of the Uni ted States shall be enlisted in the to bo enlisted. Mar. 3, 1865, s. 18, v. 13, p. 490. DESERTERS AND DESERTION. 45 SEC. 155,'). Any person who shall entice or procure, or Title is, chap. 7. attempt to entice or procure, any seaman or other person Enticing per- in the naval service of the United States, or who has been 80 } 1 ^"! 16 ^^ recruited for snch service, to desert therefrom, or who shall is, p. 343! in anywise aid or assist any such seaman or other person in deserting, or in attempting to desert from such service, or who shall harbor, conceal, protect, or in anywise assist any such seaman or other person who may have deserted from said service, knowing him to have deserted therefrom, or who shall refuse to give up and deliver such person on the demand of an officer authorized to receive him, shall be punished by imprisonment for not less than six months nor more than three years, and by fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. SEC. 1024. * * * Title 15,chap. 10. ART. 4. The punishment of death, or such other punish- ment as a court martial may adjudge, may be inflicted on any person in the naval service who * * * Sixth. * * * , in time of war, deserts or entices Desertion in time of war. others to desert; see two provi- sions underact of Aug. 14, 1888. Seventh. *.*;'*, in time of war, deserts or betrays ^f^igg^' his trust, or entices or aids others to desert or betray their i, v. 12, p. 6ooj f f . Apr. 23, 1800, art. tSt > . 17, v. 2, p. 47. ART. 8. Such punishment as a court-martial may adjudge may be inflicted on any person in the Navy who * * * Twenty-first. * * in time of peace, deserts or at- ^^Jf 1 !^ in tempts to desert, or aids and entices others to desert ; Twenty-second. Or receives or entertains any deserter se j^j oring (le from any other vessel of the Navy, knowing him to be such, 8e j u Ty S i7, mz, . and does not, with all convenient speed, give notice of such ^. deserter to the commander of the vessel to which he be- p. 47'. longs, or to the comniander-in- chief, or to the commander of the squadron. ART. 0. Any officer who absents himself from his com- mand without leave, may, by the sentence of a conrt-martial, May IG, 1864, 8 . be reduced to the rating of an ordinary seaman. 2, v. is, p. 75. ART. 10. Any commissioned officer of the Navy or Marine ^^^^ by Corps who, having tendered his resignation, quits his post Aug. 5, imi,s. or proper duties without leave, and with intent to reinam 2 '^^-^^^. permanently absent therefrom, prior to due notice of the mi&sai and resi^- acceptance of such resignation, shall be deemed and pun- S^iJ i4i ished as a deserter. art - 10 - ART. 19. Any officer who knowingly enlists into the ^ Enlisting de naval service any deserter from the naval 6r military serv- st Mar 8 "3, i865, 8 . ice of the United States * * * shall be punished as a |f J J'Jf'Jftg[ i J] court-martial may direct. 21, P. 3.' SEC. 1996. All persons who deserted the military or naval Tltle 25 - service of the United States and did not return thereto or Rights as citi- report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, 46 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the 11 th day of March, 1805, are deemed to have voluntarily relinquished and forfeited their rights of citi- zenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. certain sol- SEC. 1997. Xo soldier or sailor, however, Avho faithfully diers and sailors ,. ,. , , ., '. %, not to incur the served according to his enlistment until the 19th day of St e 8ectton f tbe April, 1865 > anc l wll without proper authority or leave iirst July 19, 1867, v. obtained, quit his command or refused to serve after that ^see^ec. 4749. 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. draf? oiding the SEC. 1998. Every person who hereafter deserts the mili- ' Mar. 3, 1865, s. tary or naval service of the United States, or who, being 21, v. 13, p. 490. j u ] v 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 mili- tary or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six. SEC. 4749. No soldier or sailor shall be taken or held to certain soldiers be a deserter from the Army or Navy who faithfully served be d a eem r ed n0 d^ according to his enlistment until the nineteenth day of 8e ju e iv 8 i9 e ^867 v April? eighteen hundred and sixty-five, and who, without is, p. k. ' v proper authority or leave first obtained, quit his command Bou 6 nty C 'iliid; or refused to serve after that date; but nothing herein Division, iv. ' contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion. Title 70, chap, s. g EC> 5455. Every person who entices or procures, or Enticing deser- attempts or endeavors to entice or procure, any soldier in the military service of the United States, or who has been recruited for such service, to desert therefrom, or who aids any such, soldier in deserting or attempting to desert from - suc ^ sery i ce ? or wno harbors, conceals, protects, or assists is??, v. 19, P. 253. ' any such soldier who may have deserted from such service, See note i. knowing him to have deserted therefrom, or who refuses Note 1. The President ipay grant conditional pardon for desertion : may remit a part of the penalty or punishment without remitting the Avhole ; may reenfinmcbise without giving right to forfeited pay. (Op., XIV, 124.) See sec. 5455. if pay forfeited or a fine has passed into the Treasury, by a covering warrant or otherwise, neither can bo released without authority of Congress. (Op., VIII, 281 ; XIV, 599; and XVI, 1.) Desertion is a continuing offense. Limitation to trial begins to run from com- mencement of the offense, except where, by reason of "manifest impediment," tho accused ia not amenable to justice within two years from that time. In such a case it runs from the removal of the impediment. Continuing commission limited by the obligation to serve under engagement. When that ceases the commission terminates in cases notexcepted. "Amenable " signifies within the, reach and power of the military authorities to bring to trial. (Op., XV, p. 152, Tuft, Sept. 1, 1876.) Where forfeiture or loss of pay is made part <>t a. sentence-, in addition to confine- ment or suspension from duty, the former may be remitted by tlie proper authority, in whole or in part, without 'also remitting the latter. (Op., XV, p. 175, Taft, Nov. 9, 1876.) Forfeiture by desertion does not include money of the deserter found in possession of or dcposif.1 with paymaster. (Op., XIII, p. 210, Hoar, Feb. 8, 1870.) The honorable discharge of a soldier is a formal, liual judgment passed by the DISMISSAL AND RESIGNATION OF OFFICERS. 47 to give up mid deliver sucli soldier on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than two years, and by a line not exceeding five hundred dollars; and every person who entices or procures, or attempts or endeavors to entice or procure, 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 who aids any such seaman or other person in deserting or in attempt- ing to desert from such service, or who harbors, conceals, protects, or assists any such seaman or other person who may have deserted from such service, knowing him to have deserted therefrom, or who refuses to give up and deliver such sailor or other person on the demand of any officer authorized to receive him, shall be punished by imprison- ment not less than six mouths nor more than three years, and by a fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. DISMISSAL AND RESIGNATION OF OFFICERS. Sec. 1229. Dismissal in time of peace. 1441. Officers dismissed or resigning to escape dismissal. 1624. Dismissal of officers. (Art. 36.) Sec. 1624. Officers dismissed by President may demand trial. (Art. 37.) Act amending article 37. Failing in examination. SEC. 1229. * * * No * * officer in the mili- Title 14, chap, i. tary, or naval service shall in time of peace be dismissed j u iy is, mo, s. from service except upon and in pursuance of the sentence j^'^ 6 ' i866 3i s : of a court-martial to that effect, or in commutation thereof, s, v.i4,p.92. ' [Section 1230 of the Revised Statutes is almost the same as art. 37, sec. 1624, except the words " since 3d March, 1865," are omitted.] SEC. 1441. No officer of the Navy who has been dis- Title is, chap. 2. missed by the sentence of a court-martial, or suffered to officers resign in order to escape such dismissal, shall ever again SSg 8e to become an officer of the Navy. dismissal. July 16, 1862, s. 11, v. 12, p. 585. See notes 1,2, 3. Government on his entire military record, and an authoritative declaration that he See articles 61 left the service in a status of honor. As such it relieves him from a charge of deser- and 62 for the tion appearing on the rolls. Does not restore pay and allowances forfeited by sen- government of tence of a military court-martial for desertion. (Court of Claims, VIII, 110 ; IX, 190, the Navy, p. 21. Wallace, XV, 34. A seaman charged before a court-martial with desertion may be found guilty of attempting to desert. (Howard, 20, p. 65.) In a trial for theft and desertion, sentence and conviction disapproved and prisoner restored to duty. Action ot reviewing officer in effect an acquittal by the court. Xo authority to withhold pay on account of alleged desertion. (Op., XIII, p. 459, Bristow, Juiie 21, 1871.) Note 1. Congress did not intend by this clause to preclude the President from reappointing officers dismissed by sentence of court-martial to whom he has ex- tended a pardon. Pardon purges the offense, but does not of itself restore lost position. (Op. XI, p. 19, Mar. 12, 1864.) Note%. Where an act directed the Secretary of War to amend the record of an See sec. 1441, officer dismissed by court-martial, so that he should appear on the rolls and records as if he had been continuously in the service : Held, that it conferred on the Presi- dent the power to appoint in the usual way. If so appointed, the commission should refer to the act, in a proper manner, under which the appointment was made, by nomination and confirmation of the Senate. Op. XIV, 448, Williams, Aug. 13, 1874; but see Court of Claims, XIV, 573 ; XV, 22. Note 3. Congress, as a general rule, has authorized the President to restore offi- See sec. 1441. cers to the retired list without requiring the advice and consent of the Senate. Where they have been reinstated to form a part of the active force of the Army, a different phraseology has been employed requiring the advice and consent of the Senate. An officer dismissed by sentence of a court-martial cannot, under section 48 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title i5,chap. 10. g EC . 1624, ART. 36. No officer shall be dismissed from Dismissal of tlie naval service except by the order of the President or ofl jSy 8 i3, 1866, s. by sentence of a general court-martial ; and in time of peace 5, v. i4,p.92. no officer shall be dismissed except in pursuance of the sen- sertersamideFer-tence of a general court-martial or in mitigation thereof. tion'' for amend- ments to this sec- tion. iiiSaed 5 "' d th s e SEC< 16L> ^' ART ' 37 - Wn( ' n Il]j y officer, dismissed by President 7 my order of the President since 3d March, 1865, makes, in demand trial. wr iting, an application for trial, setting forth, under oath Mar. 3, 1865, 8. , , e ' , L ' i T\ i^ i . 11 12. v. 13, p. 489. that he has been wrongfully dismissed, the President shall, 22j87f c audnot8 as soon as tne necessities of the service may permit, con- infra. ' vcne a court-martial to try such officer on the charges on which he shall have been dismissed. And if such court- martial shall not be convened within six months from the presentation of such application for trial, or if such court, being convened, shall not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void. June 22, 1874. That the accounting officers of the Treasury be, and are Pay on restora- hereby, prohibited from making any allowance to any U June 22, 1874,8. officer of the Navy who has been, or may hereafter be, dis- 2, v. is, p. 191. ' ' missed from the service and restored to the same under the 64> provisions of the twelfth section of the act of March third, eighteen hundred and sixty-five, entitled, " An act to amend the several acts heretofore passed to provide for the en- rolling and calling out the national forces, and for other purposes," [sec. 1624, E. S.] to exceed more than pay as on leave for six mouths from the date of dismissal, unless it shall appear that the officer demanded in writing, addressed to the Secretary of the Navy, and continued to demand as often as once in six months, a trial as provided for in said act. Ang. 5, 1882. Whenever on an inquiry had pursuant to law, concern- officers failing ing the fitness of an officer of the Navy for promotion, it 1D Anim U 22 shall appear that such officer is unfit to perform at sea the stat. i.| p. 286. duties of the place to which it is proposed to promote him, atfon'ac't!] 1 ' " by reason of drunkenness, or from any cause arising from see note 5. ^jg owll misconduct, and having been informed of and 1228 R. S., bo reinstated except by reappointment, confirmed by the Senate. This is a clear recognition tbat restoration of officers separated from the service tinderother circumstances, can bo accomplished without confirmation of the Senate. The words "inferior officers" used in the Constitution, mean subordinate or inferior officers in whom, respectively, the power of appointment may be invested by Congress iu the President, the courts of law, and the heads of Departments. C.C., XIV, 573, Colliu's Caae. See sec. 1504, Retirement. When the President is authorized by lun- to reinstato a discharged Army officer, he may do so without the advice and consent of the Senate. When he exercises the discretion vested in him by an act of Congress, of reinstating an officer, and expresses his will by an order to that effect, the officer acquires n vested right to tho offit e. l!y antedating an appointment or commission he can not create a liability on the part of the Government, but the legislative branch of the Government can.-C. C., XV. 22, Col lin's Case. Note 4. An officer, between date of dismissal and restoration, not demanding, in writing, as often as six months. .; trial, when restored is not entitled to more. th:m "pay as on leave for six months " from date of dismissal. (Op., XV, 569, Tat't. .1 ulv 21,1876.) See act of Aug. Note 5. After a sentence of dismissal from the service has been approved and 5, 1882 carried into execution, the President can not reconsider his approval and revoke the sentence. (Op., IV, p. 274, Nov. 3, 1843; Op., VII, p. 99, Apr. 11, 1855; Op., X. p.4, Jnn 13, 1861 ; Op., XI, pp. 10 and 251, Mar. 12, 1864, and June 20, 1865, respectively; Op. XV, p. 201, nnd Kel,. 'J4 1881.) The President, by and with the advice und consent of the Senate, can supersede DISMISSAL AND RESIGNATION OF OFFICERS. 49 heard upon the charges against him, he shall not be placed on the retired- list of the Navy, and if the finding of the' board be approved by the President, he shall be discharged with not more than one year's pay. [One year's leave pay, as decided by the accounting officers in 1882.] SEC. 1624, ART. 10. Any commissioned officer of the Titiei5,chap.io. Navy or Marine Corps who, having tendered his resigna- De8ertiouby tion, quits his post or proper duties without leave, and with resignation^ intent to remain permanently absent therefrom, prior to^v.ilVaie. ' 8 ' due notice of the acceptance of such resignation, shall be fee^tie^'De deemed and punished as a deserter. sertwa and deser- tion ' ' for amend- ments to this sec- tion. a military or naval officer by the nomination of a successor. The confirmation and appointment of the latter vacates the office of the former. (Blake's Case, Supreme Court, Otto, 103, p. 227; also see Otto, 97, p. 426, Mimmack's Case, and Otto, 102, 426, McElratli's Case.) So much of this section (1624) as relates to dismissal in time of peace did not take effect before August, 20. 1866, on which day, in contemplation of law, the rebellion against the national authority was suppressed. (S. C., Otto, 102, p. 426.) Not the effect of this act (sec. 1624) to withdraw the power of the President to supersede an officer by appointment, by and with the advice and consent of the Sen- ate, of another. (Otto, 103, p. 226.) Article 37, section 1624 (12 of act of Mar. 3, 1865, 13 Stat., 489), is constitutional and imp>ratiA*e. It provides, in certain contingencies, for the restoration of the officer to the service, and leaves the dismissal in full force if those contingencies do not happen. (Op., XII, p. 4, Stanbery, Aug. 6, 1866.) The President in 1861 had the power to dismiss an officer from the Marine Corps. (Tyler' 8 Case, Op., XV, p. 421, Jan. 8, 1878.) Dismissal of an acting master, March, 1862, by the Secretary of the Navy, lawful. In TOO absence of legislation, the Secretary had a right to determine at what time an acting appointment should cease. (A. M. Smith's Case, Op., XV, p. 560, Apr. 25, 1876.) The Secretary of the Navy had the power to dismiss an "acting gunner on tem- porary service" in the volunteer Navy. The power to appoint gunners to an unde- fined extent does not preclude the appointment of acting gunners also. (Soper's Case, Op., XV, p. 564, June 10, 1876.) The seventeenth section of the act of July 12, 1862, chap. 200, v. 12, p. 594, authorized and requested the President to dismiss and discharge from the military service, either in the Army, Navy, Marine Corps, or volunteer force in the United States service, any officer for any cause which, in his judgment, either rendered such officer unsuitable for, or whose dismission would promote, the public service. This section was re- pealed by section 5 of an act approved July 13, 1866, chap. 176, v. 14, p. 90. In a case where an officer was dismissed by the President, and the dismissal revoked in due form, no unreasonable time having elapsed, the vacancy not having been filled, and the rights of other parties not having intervened, the revocation presents only a case of Executive authority, which has repeatedly been exercised ; but in view of late decisions the court gave judgment for the clamant in order that the case might go to the Supreme Court. (C. C., XVII, p. 344, Corson's Case, Dec., 1881, term.) The President, by and with the advice and consent of the Senate, may, by re- appointment and commission, restore lost rank, including seniority, to an officer of the Army or Navy. Cases cited. (Op. VIII, 223 Gushing, Dec. 10, 1856.) In the same way he can correct the date of a military appointment, or an error in the date of appointment, or an inadvertence to nominate an officer entitled to promo- tion by ten years' service. (Op. Ill, 307; VIII, 223.) The right of a reinstated officer to pay during the time he was out of the service must depend on the will of Congress, as expressed in the act authorizing his rein- statement, and not upon the date of his commission. (C. C., XV, 41, Kilburn's Case.) Commissions signed by his predecessor should be regarded by the President aa conclusive evidence of the officers' right to the rank and authority given thereby. While their commissions stand the President should respect them, and in making promotions by seniority have regard for them. If wrong has been sustained, Con- gress can remedy it by a special relief act empowering the President. (Op. XVI, 583, Devens, Dec. 9, 1880.) Note 6. An offer to resign is revocable by the officer prior to its acceptance. After acceptance and before it has taken effect it may be modified or withdrawn entirely by the consent of both parties. Control over it, in point of duration, extends no further. (Op., XIV, p. 260, June 17, 1873 ; Op., XII, p. 555, Feb. 10, 1869.) A resignation tendered to take effect on a future day, and placed in the hands of a See sec. 1624. party to be delivered to the President, can be recalled before delivery. Its subse- quent delivery is not binding. (Op., XIII, p. 77, June 2, 1869.) A valid resignation of a military officer, followed by an unconditional acceptance of it, operates to remove the incumbent, and anew appointment is required to restore him to the office. (Op., XII, p. 555, Feb. 10, 1869.) But in cases where the officer was insane at time of resignation, his action was held to be a nullity and capable of being rectified. (Ops., Ill, p. 641, VI, p. 456, and X, p. 229.) If the vacancy has been properly filled, the acceptance can not be legally revoked. (Op., XV, p. 469, Mar. 22, 1878 ; Otto, 103, p. 227.) A civil officer has a right to resign at his own pleasure, and it is only necessary 50 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ENGINEER CORPS. [See also NAVAL Ac ADKMY.] Sec. 424. Chief of Bureau. 1390. Engineer Corps, number and rank. Restriction on promotions. 1391. Appointment of. 1392. Qualifications of. 1393. Engineer of the fleet. 1471. Rank and title of Chief of Bureau. 1476. Rank, active list. Sec. 1481. Rank, retired, etc. 1484. Engineer officers graduated at tho Academy. 1488. No authority to exercise military command. 1556. Pay of engineers. Assignment to colleges. Title 10. . SEC. 424. The Chief of the Bureau of Steam Engineering . shall be appointed from the chief engineers of the Navy, ' and sha11 be a skil lful engineer. Title is, chap. i. SEC. 1390. The active list of the Engineer Corps of the Engineer Navy shall consist of seventy chief engineers, who shall be Alar. 3, 1871,8.7, v. 16, p. 536; Feh. 24, 1874, v. 18, p. 17; Aug. 5, 1882. Mar. 3, 1 Supp. R. S., p 401. See note 1. and p rank uumber divided i n *o three grades, by relative rank, as provided in a Mar a 3,i87M. 7, Chapter Four of this Title; Ten chief engineers; ig. 5, iwra. Fifteen chief engineers ; and 22 s S ee a 8ec'.'i476 86 ' Forty-five chief engineers, who shall have the relative 20 A. G. op., p. rank of lieutenant-commander or lieutenant. And each and all of the above-named omcers of the Engi- neer Corps shall have the pay of chief engineers of the Navy, as now provided. Lieutenant of Sixty passed assistant engineers, who shall have the rela- i tive rank of lieutenant or master ; and Forty assistant engineers, who shall have the relative rank of master or ensign ; and the said assistant engineers shall have the pay of passed and assistant engineers of the Navy, respectively, as now provided. August 5, 1882. That the active-list of the engineer corps of the Navy Sec. 1390. shall hereafter consist of ten chief engineers with the rela- E n g i n e e r tive rank of captain, fifteen chief engineers with the relative Corps, number of i /? ' -i n j. n. i /P -JT j-i -i officers. rank of commander, forty-five chief engineers with the rela- Mw S 2 i 13 c5.'*i ve ran ^ pf lieutenant-commander or lieutenant, sixty 396.' "passed assistant engineers, and forty assistant engineers, with the relative rank for each as now fixed by law; Number not to And after the number of omcers in the said grades shall Mar. e 3 1883, ch. be reduced as above provided, the number in each grade stkf a L \ v su 22> s ^ a ^ no * i excee( l the reduced number which is fixed by the R. s'., p.'4oi. upp ' provisions of this act for the several grades. d N dorSro r ed That no officer now in the service shall be reduced in rank or" deprived of his commission by reason of any provision of this act reducing the number of officers in the several staff corps: that it should be received by the Executive. Its acceptance or rejection by him is unimportant. (TL S. v. Wright, 1 McLean, 509.) A resignation does not become operative until tho officer is officially not hied <>i the acceptance of the same. Mere acceptance, without notice, does not give eil'ert to the resignation. It is not until due notice of the same is received that the officer is legally separated from the Army and made a civilian, and up to the date of such notice he is entitled to pay. (Winthrop's Digest, p. 430.) Note 1. The titles of first and second assistant engineers were changed to passed and assistant engineers, respectively. February 24, 1874. The grade or third assist- ant was abolished July 15, 1870. ENGINEER CORPS OP THE NAVY. 51 SEC. 1391. Engineers shall be appointed by the Presi- Title 15, chap, i. dent, by and with the advice and consent of the Senate. Appointment. A ug. If 1,1842,8. 6,v.5,p.577;Mar, 3, 1845, s. 7, v. 5, p. 794; July 25. 1866,s. 7, v. 14, p. 223. SEC. 1392. No person under nineteen or over twenty-six years of age shall be appointed an assistant engineer in the s/v^ie!' p^saej Navy; nor shall any person be appointed or promoted in p. eb i7 24 ' j 8 ui 4 ' v 25' the Engineer Corps until after he has been found qualified isec, s. 7, v. 14, p. by ar board of competent engineers and medical officers 22 s eo note 2. designated by the Secretary of the Navy, and has com- plied with the existing regulations. SEC. 1393. The President may designate among the chief ^Engineer of the engineers in the service, and appoint to every fleet or e lpr,2i,i864,8. squadron, an engineer, who shall be denominated "engi- 7 ' v - 13 ' p - 54 - neer of the fleet." SEC. 1471. The Chief * * * of the Bureau of Steam Title i5,chap.4. Engineering shall have the relative rank of commodore ~Eank^F^hief while holding said position, * * * and the title of of J' iure ^ u -, i / JiLur. d. 1871. 8. engmeer-m-cniei. 12, v. ie, p. 537. SEC. 1476. Officers of the Engineer Corps on the active seTsame sec list shall have relative rank as follows : " Rank and Pre- cedence." Of the chief engineers, ten shall have the relative rank of lis n the tictive captain, fifteen that of commander, and forty-five that of Mar. 3,i87i, 8 . lieutenant-commander or lieutenant. Ji e jJ; $ jjj/ 3 ^ 18, p. 17.' Passed assistant engineers shall have the relative rank ^aSSSS5md!f lieutenant or master, and assistant engineers that of mas- Mar U ^! r i883, e i ter or ensign. J^PP- K - s -> P- SEC. 1481. Officers of the * * * Engineer Corps fr ^ en a re e tir d * * * who shall have served faithfully for forty-five lengtho? service. years, shall, when retired, have the relative rank of com- modore; and * * * who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. SEC. 1484. Engineer officers graduated at the Naval Academy shall take precedence with all other officers with Academy. whom they have relative rank, according to the actual lt ^\ p. 555*' 8> length of service in the Navy. ' See note 3. J See act of Mar. 2,1889, "An act to regulate the course at the Navy Academy. ' ' SEC. 1488. The relative rank given by the provisions of in M 1 1 d litary c m " this chapter to officers of the * * * Engineer Corps m Tug. 5, 1354, s. shall confer no authority to exercise military command. o V 'AU p 'lM.feS' and May 27, 1847 ; Mar. 3, 1859, a. 2, v. 11, p. 40?! Note 2. The naval appropriation act approved August 5, 1882, requires that there- 22 Stat. L., p. after all appointments to the Engineer Corps shall be made from naval cadets, grad- 286. uates of the year in which the vacancies which they are appointed to fill shall occur. (See Xaval Academy.) Note 3. Engineer officers, graduates of the Naval Academy, are not entitled to See sec. 1484. the six years' constructive service allowed to other staff officers of the Navy in estimating length of service. Engineer officers not graduated at the Academy stand on the same footing with other staff officers, aiid are entitled to the construc- tive service. (Op., XV, p. 336, Devens, July 11, 1877.) 52 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title is, chap. 8. g EC . 1550. * * * Fleet engineers, four thousand four Pay of fleet en- hundred dollars. * * * Chief engineei having the same gineers. rank as pay director and pay inspector, when on duty at sea, four thousand four hundred dollars. When not at sea, the same as surgeons and paymasters, respectively. * * chief en gi- Chief engineers, who have the same rank with paymasters, during the first five years after date of commission, when at sea, two thousand eight hundred dollars ; on shore duty, two thousand four hundred dollars ; on leave, or waiting orders, two thousand dollars; during the second five years after such date, when at sea, three thousand two hundred dollars; on shore duty, two thousand eight hundred dol- lars; on leave, or waiting orders, two thousand four hun- dred dollars; during the third five years after such date, when at sea, three thousand five hundred dollars; on shore duty, three thousand two hundred dollars; on leave, or waiting orders, two thousand six hundred dollars ; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars ; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand dollars. * * * Passed assist- Passed assistant engineers, during the first five years after date of appointment, when at sea, two thousand dol- lars; on shore duty, one thousand eight hundred dollars; on leave, or Availing orders, one thousand five hundred dol- lars; after five years from such date, when at sea, two thousand two hundred dollars; on shore duty, two thou- sand dollars; on leave, or waiting orders, one thousand seven hundred dollars. Mar, a, 1885. That from and after the passage of this act the passed 23 stat. L., 436. assistant engineers of the Navy shall receive during the 4g Spp. B- 8., P. third five years after the date from which they take rank Passed assist- as passed (first) assistants, when at sea, two thousand four ii^ hundred a11 ^ n ^ dollars; on shore duty, two thousand longev- two hundred and fifty dollars ; on leave or waiting orders, *aeo.i56. one thousand nine hundred dollars. During and after the 24 ' 1874 ' f ur *h five y ears from such date, when at sea, two thousand seven hundred dollars; on shore duty, two thousand three hundred and fifty dollars; on leave or waiting orders, one thousand nine hundred and fifty dollars. And section fif- teen hundred and fifty- six of the Eevised Statutes is hereby amended accordingly. ^-^i-stant engineers, during the first five years after July ML ISM, IB date of appointment, when at sea, one thousand seven ^alandes i^thw hundred dollars ; on shore duty, one thousand four hundred grade. dollars; on leave, or waiting orders, one thousand dollars; . M?i- retary of the Navy. [See section 5757, naval pension fund, as to provision for those preferring pension to the asylum.] SEC. 4812. For every Navy officer, seaman, or marine Allowance of admitted into a Navy hospital, the institution shall be J^JJJ^ Navy allowed one ration per day during his continuance therein, ibid.. s'.5. to be deducted from the account of the United States with such officer, seaman, or marine. SEC. 4813. Whenever any Navy officer, seaman, or Aiiojrancefrom marine, entitled to a pension, is admitted to a Navy hos- pe ib?d n ' pital, the pension, during his continuance in the hospital, shall be paid to the Secretary of the Navy and deducted from the account of such pensioner. Provided, That one hundred thousand dollars be, and June so, 1882. hereby is, appropriated for the erection of an Army and ^LrmyandNavy Navy hospital at Hot Springs, Arkansas, which shall be g ^*^ * k Hot erected by and under the direction of the Secretary of l P Se 8 '3o, r i882, War, in accordance with plans and specifications to be^^jjijT^MB. prepared and submitted to the Secretary of War by the priation act. Surgeons-General of the Army and Navy ; which hospital, when in a condition to receive patients, shall be subject to such rules, regulations, and restrictions as shall be provided by the President of the United States: Provided further, That such hospital shall be erected on the government reservation at or near Hot Springs, Arkansas. And if the Secretary of the Navy shall not be able to Mar, a, isss. maintain properly the whole number of naval hospitals now cioamgof hoa- kept open on the amounts hereby appropriated for the main- i )itals - 56 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Aug. s, 1882, tenance of and civil establishment at naval hospitals, he \?22, stat 'L^P'. shall close those which are least necessary to the service, 2^- and provide for the patients now cared for therein at such other naval hospitals as may be most convenient. INSANE OF THE NAVY GOVERNMENT HOSPITAL. Sec. 1551. Authority of the Secretary of the Navy, etc. 4838. Establishment of the Government Hospital for the Insane. 843. Admission of insane persons of the Army, Navy, etc. Sec. Limit to Admission. Transfer of insane convicts, etc. Admission of insane inmates of National Home for Disabled A T ol unteers. Title is, chap. 7. SEC. 1551. The Secretary of the Navy may cause persons insane of the in the naval service or Marine Corps, who become insane N A?g. 3, 1848, s. while in the service, to be placed in such hospital for the is, v. V p. 272;' insane as, in his opinion, will be most convenient and v u i3, p. m' 8 ' 2 ' best calculated to promise a restoration of reason. And he may pay to any such hospital, other than the Govern- ment Hospital for the Insane in the District of Columbia, the pay which may from time to time be due to such insane person, and he may, in addition thereto, pay to such insti- tution, from the annual appropriation for the naval service, under the head of contingent enumerated, any deficiency of a reasonable expense, not exceeding one hundred dollars per annum. Titic59,cha P .4. SEC. 4838. There shall be in the District of Columbia a Government Government Hospital for the insane, and its objects shall insane 81 for the ^ e ^ ne mos ^ humane care and enlightened curative treat- Mar. 3, 1855, s. ment of the insane of the Army and Navy of the United i, v. 10, p. 682. s ta tes and of the District of Columbia. Admission of SEC. 4843. The superintendent, upon the order of the 3HnKiSi Secretary of War, of the Secretary of the Navy, and of the Marine Corps, Secretary of the Treasury, respectively, shall receive, and June 15, i860, s. keep in custody until they are cured, or removed by the isyiseefss 3 ! .^"v 7 same authority which ordered their reception, insane per- 14,' pp. 93, 94.' sons of the following descriptions : First. Insane persons belonging to the Army, Navy, Ma- rine Corps, and re venue- cutter service. Second. Civilians employed in the Quartermaster's and Subsistence Departments of the Army who may be, or may hereafter become, insane while in such employment. 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 rea- son, 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 ac- count of disability arising from such insanity. 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. NATIONAL HOME FOR VOLUNTEER SAILORS. 57 Hereafter the admission to the hospital shall be limited June 16 188 - to such persons as are entitled to treatment therein under Limit toadmis- the provisions of title 59, chap. 4, of the Kevised Statutes 8i jJ; ne 16 ]88 o of the United States, and under the act approved March 3, v. 21, p. 259'. 1875, chap. 156. That upon the application of the Attorney-General the Aug. 7, issa. Secretary of the Interior be, and he is hereby, authorized Transfer of m- and directed to transfer to the Government Hospital for %% ^oVem' the Insane in the District of Columbia all persons who, ment Hospital. having been charged with offenses against the United i, J v un i8 23 'p. 87 25i| States, are in the actual custody of its officers, and all per- A "g- 7, 1882, 22 sons who have been or shall be convicted of any offense in a court of the United States and are imprisoned in any State prison or penitentiary of any State or Territory, and who during the term of their imprisonment have or shall become and be insane. In addition to the persons now entitled to admission to. Admission of 11 -.LI A -*.T A- ITT /.-r^- insane irora Na- said hospital, any inmate ot the .National Home tor Disa-tionai Homo for bled Volunteer Soldiers, who is now or may hereafter become JS^ 16 * 1 Volun " insane shall, upon an order of the president of the board Aug. 7, mz, 22 of managers of the said National Home, be admitted to see note 1?' said hospital and treated therein; and if any inmate so admitted from said National Home is or thereafter becomes a pensioner, and has neither wife, minor child, nor parent dependent on him, in whole or in part, for support, his arrears of pension and his pension money accruing during the period lie shall remain in said hospital shall be applied to his support in said hospital, and be paid over to the proper officer of said institution for the general uses thereof. Government Hospital for the Insane. * * That here- Jnne 16 > 188 - after the admissions to the hospital shall be limited to such 9 | U PP- R - s - P- persons as are entitled to treatment therein under the pro- 9 i882,Aug.5,ch. visions of title fifty-nine, chapter four, of the Eevised Stat- 390 A 'P a ^ 3 .'^- t* jt rr 'A -i nA , i i Admissions to utes of the United States, and under the act approved Hospital for in- March third, eighteen hundred and seventy-five, chapter ^ n c e ^ m ^ rict one hundred and fifty-six, second session, Forty -third R. s., 4343- Oongress. * * 4 % 5) Mar ch 3, ch.156, 5; 1882, Aug. 7, ch. 433, par. 14; 1884, July 7, ch. 332, par. 5, pp. 381, 469. NATIONAL HOME FOR VOLUNTEER SOLDIERS AND SAILORS. Sec. I Sec. 4832. Persons entitled to admission | Disposition of pensions. SEC. 4832. The following persons only shall be entitled Titie59,ch P .8. to the benefits of the National Home for disabled volunteer what persons soldiers, and may be admitted thereto, upon the recom- nS **" Note 1. Volunteer soldiers who have become insane within a period of more than three years after their discharge from service may be admitted to the Government Asylum for the Insane in the District of Columbia, whether at the time they became insane they were inmates of any volunteer soldiers' asylum or not. (Op., XIV, p. 225, Williams, Apr. 23, 1873 ; but see act of June 16, 1880, ante.) An act approved March 3, 1875, v. 18, p. 485, chap. 156, sec. 5, provides that insane patients of the Marine-Hospital Service may be admitted to the Government Hos- pital for the Insane upon the order of the Secretary of the Treasury, at a charge not exceeding four dollars and fifty cents a week. An act approved June 23, 1874, 18 Stat. L., 251, provides for the admission of insane convicts to the insane asylum in the District of Columbia. 58 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ~ la v w 1 ' 18 if' men( l tl ^ 011 t three of the board of managers, namely : All i\'\C 28.,' P i87i, ; officers and soldiers who served in the late war for thesup- ^'r 5 ' V oo 1 1 6 o-?'pressiou of the rebellion, and the volunteer soldiers and J>ify ; eJ till. Jo, lolo, A /IT / -i 1 -IT T i s.i,v.i7,p.4i7. sailors of the war ot eighteen hundred and twelve and of the Mexican war. and not provided for by existing laws, aTO h aTAugusta? >v h have been or may be disabled by wounds received or M,, Milwaukee, sickness contracted in the line of their duty; and such of Ohio] Knight* these as have neither wife, child, nor parent dependent tu\\ii. ind., and U pon them, on becoming inmates of this home, or receiving Hampton. \ a. r ,. . , 7 i -11 .1 <_i -, relief therefrom, shall assign thereto their pensions when required by the board of managers, during the time they shall remain therein or receive its benefits. Aug. 7,1882. That all pensions and arrears of pensions payable or to Pensions of in- be paid to pensioners who are or may become inmates of mat^of jiomesthe National Home for Disabled Volunteer Soldiers shall treasurers of be paid to the treasurers of said home, to be applied by such Hani. iustitu " treasurers as provided by law, under the rules and regula- Aug. 7, 1882, v. tions of said home. Said payments shall be made by the l ~' pension agent upon a certificate of the proper officer of the home that the pensioner is an inmate thereof on the day to which said pension is drawn. The treasurers of said home, see note i. respectively, shall give security, to the satisfaction of the managers of said home, for the payment and application by them of all arrears of pension and pension-moneys they may receive under the aforesaid provision. And section two of the act entitled "An act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-two, and for deficiencies, and for other purposes," approved February twenty-sixth, eighteen hun- dred and eighty-oue, is hereby revived and continued iu force. Note 1. Under the act of Feb. 26, 1881, the pensions are to he paid over to the treasurer, without deduction for fines or penalties. Any balance on discharge of inmate is to be paid over to him; in case of death, to his widow, children, or legal repre sen tati ves . ' ARTIFICIAL LIMBS, TRUSSES, AND APPLIANCES. Sec. 1176. Trusses, to whom furnished. 1177. Applications for trusses. 1178. Purchase of trusses. 4787. Artificial limbs to be furnished every five years. "4788. Commutation rates in money value for limb, etc. Sec. 4789. Money commutation, how paid. 4790. Commutation to persons who can not use artificial limbs. 4791 . Transportation for persons to whom artificial limbs are furnished. - Surgical appliances. Title 14, chap, i. g E c. 1176. That every soldier of the Union Army, or Tmeses, to petty-officer, seaman, or marine in the naval service, who W May f 28 n i i CT h 2 e( s'. was ruptured while in the line of duty during the late war M % 17< X l **'* for the suppression of the rebellion, or who shall be so rup- p.353 ' tured thereafter in any war, shall be entitled to receive a see note i. single or double truss of such style as may be designated see sec 1176 ty^ 6 Surgeon- General of the United States Army as best t Pensions ' ' suited for such disability ; and whenever the said truss or trusses so furnished shall become useless from wear, de- See sec. 1176. Note l.lt is left with tin- Surgi-on-General of the Army to adopt one style or dif- ferent styles, keeping in view the srln-tiim of that which in his judgment is best adapted to the purpose for which intended. (Op., XIV, 72. July 30, 1872.) ARTIFICIAL LIMBS, TRUSSES, AND APPLIANCES. 59 struction, 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 tio ^ IIieilllod 8ec " and three [sees. 1177 and 1178 K. S.] of the said act of May '" twenty-eighth, eighteen hundred and seventy- two, shall be construed so as to apply to petty-officers, seam en, and ma- rines of the naval service, as well as to soldiers of the Army. SEO. 1177. Application for such truss shall be made by t e 8 ication for the ruptured soldier, to an examining surgeon for pensions, r May 8 28, 1872, 8 . whose duty it shall be to examine the applicant, and when 2 ' v<17)p - 164 - found to have a rupture or hernia, to prepare and forward Seesec 4787 to the Surgeon-General an application for such truss with- out charge to the soldier. SEC. 1178. The Surgeon-General is authorized and di- J * s f ? 8 > pur - rected to purchase the trusses required for such soldiers, M*y 21, m2, 8 . at wholesale prices, and the cost of the same shall be paid 3) v< 17 ' p> 164- upon the requisition of the Surgeon-General out of any moneys in the Treasury not otherwise appropriated. SEC. 4787. Every officer, soldier, seaman, and marine, Title 57 - who was disabled, during the war for the suppression of the Artificial limbs, rebellion, in the military or naval service, and in the KneSaiieJfUerVito of duty, or in consequence of wounds received or disease ? e | note 2 contracted therein, and who was furnished by the War see n same' sec. Department, since the seventeenth day of June, eighteen Fuid 8 ^a1 8 o 8 pen- hundred and seventy, with an artificial limb or apparatus sion Laws now in for resection, or who was entitled to receive such limb or *see'actofMar. apparatus since said date, shall be entitled to receive a new 3,i89i, amending limb or apparatus at the expiration of every five years Sg 88 OTt b ^ 8 fl"e" thereafter, under such regulations as have been or may be a , n j[ l j j n f, ertili s prescribed by the Surgeon-General of the Army. 2o r A e 'G.o P ., p. 83. The provisions of this section shall apply to all officers, Persons non-commissioned officers, enlisted and hired men of the j u iy 27, 1868, s land and naval forces of the United States, who, in the line of their duty as such, shall have lost limbs or sustained v.ie.p. '153 ; June 1 ' bodily injuries depriving them of the use of any of limbs, to be determined by the Surgeon-General of the v. 19,^/8;' Feb.' Army; and the term of five years herein specified shall be^. 18 ' 7 ' v ' 19)P ' held to commence in each case with the filing of the appli- cation for the benefits of this section. That section forty-seven hundred and eighty-seven of the Mar. 8, isei. Revised Statutes of the United States be amended by 26stat.L.,no3. striking out the word "five" where it occurs therein, and 9 J> upp - K> SM p - inserting in lieu thereof the word "three" so that when substitute tor amended said section will read as follows : Every officer, soldier, seaman, and marine who was dis- iJnfbsVtc.* to abled during the war for the suppression of the rebellion, tonidiea evwy in the military or naval service, and in the line of duty, i Note 2. Held by the War Department that desertion does not affect the rights of S^e .sec. 4787. a person disabled, as this section indicates, to artificial limbs or apparatus, and that it might be properly construed to include the mechanics and laborers employed at the arsenals under title XVII, K. S. (Winthrop's Digest, 122.) The act of Aug. 15, 1876, v. 19, p. 203, allows commutation for an artificial limb or appliances every five years. 60 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. t n value for i/ Jmi 2 e 7 i7 8 i87o' or " l conse nuence of wounds received or disease contracted 8.1. " ' therein, and who was furnished by the War Department since WTO* Jnne8 e i872; ^ ne seventeenth day of June, eighteen hundred and seventy, ss.i^sees'.im! with an artificial limb or apparatus for resection, who was 15^876%*! if MB entitled to receive such limb or apparatus since said date, act Feb.' 27, 1877. shall be entitled to receive a new limb or apparatus at the expiration of every three years thereafter, under such regulations as have been or may be prescribed by the Surgeon-General of the Army. ^ E0 ' ^^' Every person entitled to the benefits of the preceding section may, if he so elects, receive, instead of etc r 17 K such limb or apparatus, the money value thereof, at the June 17, 18/0, s. ,, . -i-n j_X -i i i. sec. 4 7 8 7 following rates, namely: For artificial legs, seventy- five J e b nd 2 d 7, b i877! dollars ; for arms > fi % dollars; for feet, fifty dollars; for amended 'by act apparatus for resection, fifty dollars. Mar.3,1891.June J 8, 1872, s. 1 ; Aug. 15, 1876, s. 1. Mar. 3, 1891. 26 commutation Artificial limbs : For furnishing artificial limbs and ap- ihnbs^fc 1 ., tVte paratus, or commutation therefor, * * and hereafter in paid to applicant ;case o f commutation the money shall be paid directly to no fee to agents. ,, , , . ., . j / *i- K. s., sec?4787, the soldier, sailor, or marine, and no fee or compensation 562 ! p *$$f' 3 ' ch ' shall be allowed or paid to any agent or attorney. * * SEC - 4789> Tlie Surgeon- General shall certify to the Coin- missioner of Pensions a list of all soldiers who elect to rece i ve money commutation instead of limbs or apparatus, with the amount due to each, and the Commissioner of Pensions shall cause the same to be paid to such soldiers in the same manner as pensions are paid. g EC 4790. Every person in the military or naval service ,, T i_ j .-i e ^ TIT ho can not use who lost a limb during the war of the rebellion, or is m^iVS's. entitled to the benefits of section forty-seven hundred and 3 ; June s' 1372,' s! eighty-seven, but from the nature of his injury is not able i87o^,am viding, under the authority of the Secretary of the Navy, accurate and cheap nautical charts, sailing directions, navi- gators, and manuals of instructions for the use of all ves- sels of the United States, and for the benefit and use of navigators generally. SEC. 77. The Secretary of the Navy is authorized to cause 18 ^ ct 8 J an< 12 ' to be prepared, at the Hydrographic Office attached to the SGI, issl^isos. p> Bureau of Navigation in the Navy Department, maps, et j tap8> cnart8 ' charts, and nautical books relating to and required in navi- gation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators' sailing directions and instructions, as he may consider necessary, and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe. All moneys which may be received from the sale of maps, ibid, charts, and nautical books shall be returned by the Secre- ^fve n d ey from tary of the Navy into the Treasury of the United States, to f map8 ' be used in the further preparation and publication of maps, charts, navigators' sailing directions, and instructions for Note 1. An act approved Feb. 3, 1879, chap. 44, provides for headstones for soldiers' 20 Stat. L., p. graves in private cemeteries. 281- 62 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. i nh dro the use of seamen, to be sold at the cost of printing and paper. SEC. 78. All appropriations made for the preparation or publication of foreign hydrographic surveys shall only ^ e applicable to their object, upon the approval by the Secretary of the Navy, after a report from three competent naval officers, to the effect that the original data for pro- posed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of moneys to the preparation or publication of such charts or hydrographic surveys. ^Rev. stat., P . g EC> 3592. All moneys received from * * * sale of Proceeds of materials, stores, or supplies to any exploring or surveying o^I.'lateHai 8 ' 616 '' expedition authorized by law, shall respectively revert to May 8,i872,s.5, that appropriation out of which they were originally J.'iV^s.^V^p. expended, and shall be applied to the purposes for which 171; Apr. 20. 1866, f; ue y are appropriated by law. 88. 1.2.V.14, p.40; July 28, 1866, s. 25. V. 14, p. 336; June 8, 1872, v. 17, p. 337. Feb. 14, 1879. All charts hereafter furnished to mariners or others not for in the Government service shall be paid for at the cost f P^P er an( l printing paid by the Government. Cost ch Feb 8 'i4 1879 v 20, p. 286;' May 4,' 1878, v. 20, p. 51. LINE OFFICERS OF THE NAVY. 1362. Grades of line officers. Change of titles. 1363. Number on the active list. - Restriction. 1364. When exceeded. 1365. Selection of rear-admirals during war. 1366. Promotion of rear-admirals during peace. 1367. Secretaries to admiral, etc. Officers as secretaries and clerks afloat. Title 15, chap. 1. of line officers. See note 1. Mar. 3, 1883, 22 Stat., p. 472. See act of June 26, 1884, in rela- tion to graduates of Naval Acad- my to be com- missioned en- signs. See act Mar. 3, 1883, p. 63. Sec. 1434. Command of squadrons, flag officer. 1435. Assignment of lieutenant-com- manders. 1467. Rank of line officers. 1468. Precedence of commanding officers. 1469. Aid or executive. 1470. Rights of staff officers, senior to aid. 1472. Line officer as chief of a bureau. 1490. Ensigns as steerage officers. g EC . i3g2. The active list of the line officers of the Navy of the United States shall be divided into eleven grades, as follows, namely: First. Admiral. Second. Yice-Admiral. Third. Rear-admirals. Fourth. Commodores. Fifth. Captains. Sixth. Commanders. Seventh. Lieutenant-commanders. Eighth. Lieutenants. Ninth. Lieutenants junior grade. Tenth. Ensigns. Eleventh. Midshipmen. Note 1. See sec. 5, act of Juno 29, 1888, chap. 496, "An act to prevent injurious deposits in New York Harbor, and so forth," in relation to a line officer of the Navy to act as supervisor of the harbor. Title, Care of Public Property. LINE OFFICERS OF THE NAVY. 63 Provided , That vacancies occurring in the grades of v :Jfmirai ;U1(1 Admiral and Vice- Admiral shall not be filled by promotion, cease. or in any other manner; and that when the offices of saidj *" I ^ GI 1 > 86 |^.J: grades shall become vacant, the grade itself shall cease to Dec.2i, isS, s .i, ; Yif v. 13, p. 420; July 6X18t - 25, 1866, s. l!v. 14, p. 222; Mar. 2, 1867, s.l.v.14, p. 516;, Tan. 24, 1873, v. 17, p. 418. The title of master is hereby changed to that of lieuten- war. 3, isss. ants, and the masters now on the list shall constitute a Titles of mas- junior grade of, and be commissioned as, lieutenants, ing the same rank and pay as now provided by law for Mar. ijwa, masters, but promotion to and from said grade shall be by 22 stat> Li) 472- examination as provided by law for promotion to and from the grade of master, and nothing herein contained shall be so construed as to increase the pay now allowed by law to any officer in the line or staff; * * * the title of mid- shipman is hereby changed to that of ensign, and the mid- shipmen now on the list shall constitute a junior grade of, and be commissioned as, ensigns, having the same rank and pay as now provided by law for midshipmen, but promo- tions to and from said grade shall be under the same regulations and requirements as now provided by law for promotion to and from the grade of midshipmen, and noth- ing herein contained shall be so construed as to increase the pay now allowed by law to any officer of said grade or of any officer of relative rank. SEC. 1363. There shall be allowed on the active list of the e is, chap, i. line officers of the Navy one Admiral, one Vice- Admiral, six Number on the rear-admirals, ten commodores, forty-Jive captains, eighty- ac j^y 25*1866, 8 . five commanders, seventy-four lieutenant-commanders, two^, v. u/p. 222! hundred and fifty lieutenants, seventy-five masters, and sev- lu^vfje^Msli enty-five ensigns. |* *jj^ Hereafter only one-half of the vacancies in the various Aug. 5, isss. grades in the line of the Navy shall be filled by promotion Rule of prpmo- until such grades shall be reduced to the following num- tio ^ ? is^" 22 bers [as in sec. 1363], and thereafter promotions to all stat., P. 286. vacancies shall be made but not to increase either of said grades above the number aforesaid. SEC. 1364. The provisions of the foregoing section [1363 Title is, chap, i. and August 5, 1882] shall not have the effect to vacate the when ex- commission of any lieutenant- commander, lieutenant, mas- ce ,^ay' 2 5, isee, ter, or ensign appointed according to law, in excess of the ^ i, 2, v! u, P ! respective number therein fixed; nor to preclude the ad- ^v. 1$ pThaJf 1 vancement of any officer to a higher grade, for distinguished See Promotion. conduct in battle, or for extraordinary heroism, under the provisions of sections fifteen hundred and six and fifteen hundred and eight. SEC. 1365. During war rear-admirals shall be selected selection of ,, ^ ., . . ,. . . , , ., -, rear-admirals from those officers on the active list, not below the grade during of commanders, who shall have eminently distinguished 7 ^"^ themselves by courage, skill, and genius in their profession ; but no officer shall be so promoted, under this provision, unless, upon recommendation of the President by name, he has received the thanks of Congress for distinguished service. 64 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Promotion of SEC. 1366. During peace, vacancies in the grade of rear- rear- admirals , . , , ,, , /.n j i /? ,, -, , during peace, admiral shall be nlled by regular promotion ironi the list 7r U i2 / ,p 6l 584 62>8 'f Commodores, subject to examination according to law. ' See Promotion; also act Aug. 5, 1882. May 4, 1878. o n an( j after the first day of July, eighteen hundred and Secretaries to seventy-eight, there shall be no appointments made from vice" Adn^Lfi on c ^ v ^ ^ e f secretaries or clerks to the Admiral or Vice- sea service. Admiral, when on sea service, commanders of squadrons, joJJSof 1 18?8 V or f clerks to commanders of vessels; and an officer not the^unioT^ad^ a ^ ove ^ ne S ra( i e f lieutenant shall be detailed to perform Mar." n i883? "" e " the duties of secretary to the Admiral or Vice- Admiral, when on sea service, and one not above the grade of lieuten- ant of the junior grade to perform the duties of clerk to a rear admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, com- mander, or lieutenant-commander when afloat. * * * Title is, chap. 2. SEC. 1434. The President may select any officer not be- Command of low the grade of commander on the active list of the Navy, 8(I Dec^2i, 8 i86i, s. an d assign him to the command of a squadron, with the 4, v. 12, p.'329. rank and title of " flag-officer; 7 ' and any officer so assigned shall have the same authority and receive the same obedi- ence from the commanders of ships in his squadron, hold- ing commissions of an older date than his, that he would be entitled to receive if his commission were the oldest. SEC. 1435. Lieutenant-commanders may be assigned to how assignable. ' duty as first lieutenants of naval stations, as navigation 3, \. y i2, 'p. 8 Is! I and watch officers on board of vessels of war, and as first Juiy25,i866,8. 5, lieutenants of vessels not commanded by lieutenant- v. 14, p. 223. J commanders. Title is, chap. 4. SEC. 1467. Line officers shall take rank in each grade Bank, see same according to the dates of their commissions. sec. Rank and Precedence. July 16, 1862, s.l, v. 12, p. 583; Apr. 21, 1864, s. 7, v. 13, p. 54; Jan. 24, 1865, s. 1, v. 13, p. 424. officSreof ve d s in i g S]EC ' 1468< Commanding officers of vessels of war and of andTtationt 886 8 naval stations shall take precedence over all officers placed 12^*16 3 p 537' 8 ' un( ^ er their command. Aid or execu- SEC. 1469. The Secretary of the Navy may, in his discre- ta Mar ffi 3?i87], . tion, detail a line officer to act as the aid or executive of 12, v. ib, p. 537.' the commanding officer of a vessel of war or naval station, which officer shall, when not impracticable, be next in rank to said commanding officer. Such aid or executive shall, while executing the orders of the commanding officer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. All orders of such aid or executive shall be regarded as proceeding from the commanding officer, and the aid or executive shall have no independent authority in consequence of such detail. oflfcew* 8 f 8taff SEO< 14:70 ' St ? lff officers > senior to the officers so detailed, Mai-%, i87i, H. shall have the right to communicate directly with the com- 12, v. le, p. 537. manding officer. LINE OFFICERS MATES - MEDICAL CORPS. 65 SEC. 1472. When the office of Chief of Bureau is filled by a line officer below the rank of commodore, said officer nao, shall have the relative rank of commodore during the time 12 ^f he holds said office. That the distinctive badge adopted by the Regular Army Jf and Navy Union of the United States may be worn, in their supp. ' R'.' s.,' own right, upon all public occasions of ceremony by pffi- 18 A"?my' 33 a'n cers in the Navy shall be construed to apply to the twenty- eight officers now serving as mates in the Navy, and the 95, p. said mates shall be entitled to receive annual pay at the re M r a Jjf 8 a ma y ^ rates following: When at sea, one thousand two hundred rautomcers. See dollars; on shore duty, nine hundred dollars; on leave orJJSJ; waiting orders, seven hundred dollars: sees. 1408, 1409. Pay. R. S., sec. 1556. Provided, however, That nothing herein contained shall ^3 be so construed as to authorize any increase of pay for any this act. time prior to the passage of this Act. MEDICAL CORPS. Sec. 426. Chief of Bureau. Medical Corps, number of. 1369. Appointments in, how made. 1370. Appointment of assistant surgeons. 1371. Appointment of surgeons. 1372. Rank of assistant surgeon in case of delayed examination, 1373. Surgeon of the fleet. Sec. 1375. Details of medical officers to Bureau of Medicine and Surgery. 1411. Acting assistant surgeons. 1471. Rant and title of Chief of Bureau. 1473. Rank when retired. 1474. Rank of medical officers. 1481. Retired from age or length of serv- ice, rank. 1374. Duties of surgeon of the fleet. 1556. Pay. SEC. 426. The chief of the Bureau of Medicine and Surgery Title 10 - shall be appointed from the list of the surgeons of the Navy. re C|j ief of Bu - See title Rank and Precedence, sec. 1471. July 5, 1862, s. 1,' v. 12, p. 510. Note 1. Mates are petty officers. See 160 TJ. S., 593. Note 2 . See Op., XI. p. 251, June 20, 1865, defining the status of mates and acting master's mates. Not warrant officers. Note S. The law on this subject is found in Revised Statutes, sees. 1405, 1406, 1443- 1465 ; 1491, 1882, Aug. 5, ch. 391, par, 4 (1 Supp. R. S., 377) ; 1883, Mar. 3, ch. 97, par. 5 (1 Supp. R.S., 401). 376 5 66 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Aug. 5, 1882. That the active list of the Medical Corps of the Navy Medical corps; shall consist of fifteen medical directors, fifty surgeons, "seeYiSe Rank an( l ninety assistant and passed assistant surgeons. and Precedence, sec.1474. 22Stat. L.,285; 19 A. G. Op., p. 169. Appointments g EC> 13(39. ^11 appointments in the Medical Corps shall in, now made. , -i -i j-i -> -i -.i-i ji -i Apr. 21, 1806, s. be made by the President, by and with the advice and 81 ATOPiMSM, a. consent of the Senate. 5, v. 3, p. 125; May 24, 1828,8.3, v. 4, p. 313. See notes under sec. 1378, Pay Corps. Appointment g EC . 1370. No person shall be appointed assistant sur- geons 918 1 u geon until he has been examined and approved by a board i M 4 y ^sis 828 ' 8 ' f naval surgeons, designated by the Secretary of the 'Mar p 3, im, 8. Navy; nor who is under twenty-one or over twenty-six 5, v. i6, p. 536. y ears O f a g e . Appointment SEC. 1371. No person shall be appointed surgeon until he May g 24,T828, s. has served as an assistant surgeon at least two years, on lf seenote 1 ! ' board a public vessel of the United States at sea, nor until he has been examined and approved for such appointment, by a board of naval surgeons, designated by the Secretary of the Navy. an^Brr^eons'lii ^ ECt 1372. When any assistant surgeon was absent from case 8 of g de?ayed the United States, on duty, at the time when others of his 6X MaJ- n kiss's s ^ a ^ e were examined, he shall, if not rejected at a subse- i, v. 4%. 757. ' 8 ' queut examination, be entitled to the same rank with them ; and if, from any cause, his relative rank cannot be assigned to him, he shall retain his original position on the register. Feb. 13. 1897. Be it enacted, etc., That passed assistant surgeons (2) now 29stat.L.,526. borne upon the Navy Register shall be commissioned as 7 pTS K ' s " voL sucl1 by the President, 'Navy! Passed assist- ant surgeons to Decommissioned. sucn commissions to bear the dates upon which said passed assistant surgeons, respectively, received their appointments as such ; on and hereafter assistant surgeons shall be regularly pro- moted and commissioned as passed assistant surgeons, and passed assistant surgeons as surgeons, subject to such examinations as may be prescribed by the Secretary of the Navy: Examinations Provided, however. That no examination of passed assist- p*oneT arllyp 8t ant surgeons shall be ordered until the expiration of six Note 1. The custom and practice of the Navy Department requiring compcti(i\ n examination of assistant surgeons, and assigning them positions on the Navy lie-is ter in the order of relative merit as ascertained and reported by the board of exam- iners authorized by existing law and regulations, is not, under the present law, correct. Having passed the necessary examination for promotion, the claim of * * to be promoted according to seniority is, in my opinion, well founded. (Op., Feb. 25, 1881, Ames Cae ; Gen. Order 282.) Note 2. 1882, Aug. 5, ch. 391, par. 3 (1 Supp. R. S.,376), is a substitute for R. S., 1368, fixing the rank and number of the active list of the medical corps of the Navy. R. S., 1369-1375, prescribes their appointment, promotion, and duties r R. S., 1474, their relative rank, and R. S., 1556, their pay. See also 1896, June 3, ch. 313, 12, ante, p. 497, as to' their right to puactice medicine in the District of Columbia. MEDICAL CORPS OF THE NAVY. 67 months from the passage of this act, during which time promotions shall be made as now provided by law. SEC. 1373. The President may designate among the sur- surgeon of the geons in the service, and appoint to every fleet or squadron lle Ma y 24, 1828, B . an experienced and intelligent surgeon, who shall be denom- 2 - v - 4 - P- 313 - inated " surgeon of the fleet," and shall be surgeon of the flag-ship. SEC. 1374. The surgeon of the fleet shall, in addition to re ^j^ th e f 8tir ' his duties as surgeon of the flag-ship, examine and approve ee Sa&. 24,T828, e s.' all requisitions for medical and hospital stores for the squad- 2) v - 4) p - 313 - ron or fleet, and inspect their quality. He shall, in difficult cases, consult with the surgeons of the several ships, and he shall make, and transmit to the Navy Department, rec- ords of the character and treatment of diseases in the squad- ron or fleet. SEC. 1375. A surgeon, assistant surgeon, or passed assist- . : 9 et ^ il of med - vT j j_ -i i . /IT-* -ical omcerto Bu- ant surgeon, may be detailed as assistant to the Bureau of reau as assistant. Medicine and Surgery, who shall receive the highest shore- i 8 f v! y i2 6> J 86 587' vait of his (trade. Feb. 27, '1377, v! 19, p. 244. See note 3. SEC. 1411. The Secretary of the Navy may appoint, for Acting assist- temporary service, such acting assistant surgeons as the an j u 8 iy r ^ D mo, exigencies of the service may require, in case of ivar *%jMar Vis'e?' 334 ' who shall receive the compensation of assistant surgeons, v. 13', P .' 539-' Feb 15, 1879, a. 2! v. 20,' p. 295. SEC. 1471. The chief of the Bureau of Medicine and Sur- Title 15, chap. 4. gery * * * shall have the relative rank of commodore n a nk and title while holding said position, and shall have * * * the J^ 1 " 6 * 1 Ol Bu ' title of Surgeon-General. * * * re Mar. 3, 1371, 8 . 12, v. 16, p. 537. SEC. 1473. Officers who have been or who shall be retired Retired from from the position of chief of the Bureau of Medicine andSfsSS^ 01 Surgery, * * * by rea'sou of age or length of service, Idem - shall have the relative rank of commodore. SEC. 1474. Officers of the Medical Corps on the active Relative rank list of the Navy shall have relative rank as follows : SwTsS? same Medical directors, the relative rank of captain. go. ^' d Kank ,, and Medical inspectors, the relative rank of commander. Mar.TTsVi, 8 . Surgeons, the relative rank of lieutenant-commander or 5> v< 16 > P- 535> lieutenant. Passed assistant surgeons, the relative rank of lieutenant Lieutenant of r m ci f Ar tne Junior grade. or master. (Act of M | rch3) Assistant surgeons, the relative rank of master orisss.) ensign. SEC. 1481. Officers of the Medical * * * Corps Retiredforage * * * who shall have served faithfully for forty-five Tee ength f8erv " years, shall, when retired, have the relative rank of com- Mar. 3,i87i, 8 . modore ; and * * * who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. NoteS. By the act of Feb. 27, 1877, section 1375 was to have the same effect aa though the amendment (in italics) had been enacted therein. 68 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title is, chap.s. g EC . 1550. Fleet- surgeons, * * * , four thousand four hundred dollars. Pay of fleet Medical directors, medical inspectors, * * * , Avhen ^ffiSai direct- on duty at sea, four thousand four hundred dollars, ors and inspect- When not at sea, the same as surgeons and paymasters, respectively. Surgeons. Surgeons, * * * , during the first five years after s.^iG^pp 87 ^!),' date of commission, when at sea, two thousand eight hun- 33i^Mar.3,i87i;d.red dollars; on shore duty, two thousand four hundred 535%3bT MaV p ?,' dollars; on leave, or waiting orders, two thousand dollars; 555^' 8< *' Vi 17> p ' during the second five years after such date, when at sea, three thousand two hundred dollars; 011 shore duty, two thousand eight hundred dollars; on leave, or waiting orders, two thousand four hundred dollars; during the third five years after such date, when at sea, three thousand live hundred dollars; on shore duty, three thousand two hun- dred dollars; on leave, or waiting orders, two thousand six hundred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thou- sand dollars. Passed assist- Passed assistant surgeons, * * * , during the first an seeuoie "!' n ve years after date of appointment, when at sea, two thousand dollars ; on shore duty, one thousand eight hun- dred dollars ; on leave, or waiting orders, one thousand five hundred dollars; after five years from such date, when at sea, two thousand two hundred dollars ; 011 shore duty, two thousand dollars ; on leave, or waiting orders, one thousand seven hundred dollars. Assistant sur- Assistant surgeons, * * * , during the first five years after date of appointment, when at sea, one thousand seven hundred dollars; on shore duty, one thousand four hundred dollars; on leave, or waiting orders, one thousand dollars ; on leave, or waiting ordery one thousand five hun- dred dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, one thousand six hundred dollars ; on leave, or waiting orders, one thousand two hundred dollars. ^Bistant^ur- Assistant surgeons of three years 7 service, who have forpr emotion. 6 been found qualified for promotion by a medical board of examiners, the pay of passed assistant surgeons, supp. R.S..VOI. That such surgeons in the Navy not in line of promotion 2> Surgeons spo- as may have been appointed to that position in accordance etc^iSs^Mar w ^ a special act of Congress for meritorious services dur- 3, ch. 97, par. sTi ing yellow fever epidemics shall have all the benefits of supp. K. ., 4oi). their previous service in the same manner as if said appoint- ments were a reentry into the Navy. Note 4. The words "after date of appointment," and "from such date," sec. 1556, fixing the annual pay of passed assistant surgeons of the Navy, refer not to the original entry of the officer into the service as an assistant surgeon, but to the notification by the Secretary of the Navy that he lias passed his examination for promotion to the grade of surgeon, and will thereafter, until such promotion, be considered as a passed assistant surgeon. A passed assistant surgeoncy is an office, and the notification of the Secretary of the Navy ia a valid appointment to it. (United States v. Moore, Otto, 95, 760.) MEDICAL CORPS - NAUTICAL ALMANAC. 69 SEC. 12. That this act shall not apply to commissioned of T, surgeons of the United States Army, Navy, or Marine- n]te the p Hospital Service, nor to regularly licensed physicians aiid^^ surgeons in actual consultation from other States or Terri-inthe tories, nor to regularly licensed physicians and surgeons j^J^aJ 1 j^ge' e *> actually called from other States or Territories to attend P^*K*<<* specified cases in the District of Columbia, nor to the treat- Snp^t s.,voi. ment of any case of actual emergency, nor to the practice 2 < f^JJ- tiong of massage or the so-called Swedish movement cure, nor to the use of ordinary domestic remedies without fee, gift, or consideration of any kind. That such surgeons in the Navy not in line of promotion June 10 > 1896 - as may have been appointed to that position in accordance 29 stat. L.,36i. with a special act of Congress for meritorious services dur- 2 surgeo^spe- ing yellow fever epidemics shall have all the benefits of "gjjy appointed. their previous service in the same manner as if said appoint- ments were a reentry into the Navy. NAUTICAL ALMANAC. Sec. 436. Superintendent, pay of. Printing and sale. Sec. Civil employes. SEC. 436. The Secretary of the Navy may place the super- Title 10 - vision of the Nautical Almanac in charge of any officer or Superintendent, professor of mathematics in the Navy who is competent for pa ^ f ' 3) 1857,3, that service. Such officer or professor, when so employ ed,v.n, p. 2k shall be entitled to receive the shore-duty pay of his grade, and no other. Of the Bphemeris and Nautical Almanac and of the Jan- 12? *895- papers supplementary thereto, one thousand five hundred ^auticai AI- copies; one hundred copies for the Senate, four hundred p a h ^J e c rig and for the House, and one thousand for distribution or sale by the Navy Department. The five hundred copies printed for Congress, and the usual number shall be for the calendar year next following, and those for the Navy Department for the third year following. The Secretary of the Navy is also authorized to cause additional copies of the Ephem- eris, and of the Nautical Almanacs extracted therefrom, to be printed for the public service and for sale to naviga- tors and others : Provided, That all moneys received from Proviso. sales of the Ephemeris and of the Nautical Almanacs shall be deposited in the Treasury and placed to the credit of the general fund for public printing. 70 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. NAVAL ACADEMY NAVAL CADETS. Sec. 1483. Rank of graduates of flu- Academy. 1511. Where established. 1512. Title of students. ir>i:!. Number of naval cadets. Act July 26, 1894. Nomination of candi- dates. 1515. Examination of candidates. 1516. Second recommendation. 1517. qualifications. Traveling expenses. 1518. Appropriations, how applied. 1519. Naval cadets found deficient. 1520. Academic course. Sec. 1521. Promotion to midshipmen. 1522. Naval constructors and steam engi- neers. - Special course. 1526. Studiesnottobepursuedon Sunday. 1527. Storekeeper at the Academy. 1528. Professors of ethics, Spanish, and drawing. 1556. Pay of cadets, etc. 1577. Rations. Prevention of hazing. Board of Visitors. Pay of civil officers. Title 15. aval Rank of ates of Academy. May 23, 1872, s. 1, v. 17, p. 153. See note 1. SEC. 1483. Graduates of the Naval Academy shall take u*- rank according; to their proficiency as shown by their order mer jt a ^ the date of graduation. Title is, chap. 5. g E c. 1511. The Naval Academy shall be established at Where estab- Annapolis, in the State of Maryland. lished. May 11, 1864, s. 4, v. 13, p. 85. March 2, 1889. That the Academic Board of the Naval Academy shall 25 stat., L. 878. on or before the thirtieth day of September in each year (ffleSSS.' R< S '' P ' separate the first class of naval cadets then commencing Naval Acad- their fourth year into two divisions, as they may have en Sdets of first shown special aptitude for the duties of the respective C ear 8 aMi^e?to cor P 8 > * n ^ ie proportion which the aggregate number of two 'separate di- vacancies occurring iii the preceding fiscal year ending on the thirtieth day of June in the lowest grades of coinmis- i528 S " 8ec8 ' 1511 ~ sioned officers of the line of the Navy and Marine Corps of see note 2. the Navy shall bear to the number of vacancies to be sup- schoois, title/ no plied from the Academy occurring during the same period see vessels of i n the lowest grade of commissioned officers of the engineer vton N i avy ' Di " corps of the Navy ; Line and Ma And the cadets so assigned to the line and Marine Corps ston andenghieer division of the first class shall thereafter pursue a course division. of study arranged to fit them for service in the line of the Navy, and the cadets so assigned to the Engineer Corps division of the first class shall thereafter pursue a sepa- rate course of study arranged to fit them for service in the Engineer Corps of the Navy, and the cadets shall thereafter, and until final graduation, at the end of their six years 7 course, take rank by merit with those in the same division, according to the merit marks; And. ^ TOm * ue niia ^ graduates of the line and Marine Corps division at the end of their six years' course, appoint- Note 1. The positions given the midshipmen on their final examination (sees. 1483 and 1521) can not be disturbed. (See Ops., XI, p. 158; XV, p. 637; XVI, p. 296; Court of Claims, X, p. 474; Op. Aug. 12, 1881. See act Mar. 2, Note 2. Other statutes relating to the Naval Academy are as follows : 1874, Feb. 24, 89. ch. 35, sec. 2, course of study for engineers; 1874, June 22, ch. 392, sec. 3, repeal of appointment of cadet engineers; 1874, June 23, ch. 453, punishment of hazing; 1877, Mar. 3, ch. Ill, pay of cadets? 1878, June 17, ch. 260, number of cadets appointed; 1879, Feb. 14, ch. 68, par. 2, Board of Visitors; 1882, Aug. 5. ch. 391, pars. 1, 2. name, appointment, study, and discharge of naval cadets regulated ; 1884, June 2ii. ch. 1'J'J. graduates to bo commissioned ensigns; 1886, May 20, ch. 362, nature and effect < if alco- holic drinka to be studied; 18H6, Aug. 4, ch. 903, par. 2, no intoxicating liquors to be furnished Board of Visitors at (ioverninent expense. NAVAL ACADEMY NAVAL CADETS. 71 ments shall be made hereafter as it shall be necessary to 39 ^ n f- r Y 88 | 7 c 6 h ' fill vacancies in the lowest grades of commissioned officers j u P ne' 26 p 'i884, of the line of the Navy and Marine Corps ; and the vacancies ch< 122 P- 446> in the lowest grades of the commissioned officers of the Engineer Corps of the Navy shall be filled in like manner by appointments from the final graduates of the Engineer division at the end of their six years' course: Provided. That no greater number of appointments into Vi ^JIJ > * i J|J exceed the said lowest grades of commissioned officers shall beInd a toi3inorSr made each year than shall equal the number of vacancies ot merit - which shall have occurred in the same grades during the fiscal year then current; such appointments to be made from the final graduates of the year, in the order of merit as determined by the Academic Board of the Naval Acad- emy, the assignment to be made by the Secretary of the Navy upon the recommendation of the Academic Board at the conclusion of the fiscal year then current; But nothing contained herein or in the naval appropria- Reduction of tion act of August fifth, eighteen hundred aud eighty- two, aF shall reduce the number of appointments of final graduates at the end of their six years course below twelve in each year to the line of the Navy, and not less than two shall be appointed annually to the Engineer Corps of the Navy, nor less than one annually to the Marine Corps; and if the number of vacancies in the lowest grades aforesaid, occur- ring in any year shall be greater than the number of final graduates of that year, the surplus vacancies shall be filled oi j illing vacan from the final graduates of following years, as they shall " become available. SEC. 1512. [Superseded by act of August 5, 1882, as fol- Aug< 5> 1882> lows:] Provided, That hereafter there shall be no appoint- 22 stat. L., 234. ments of cadet-midshipmen or cadet- engineers at the Naval de e c Academy, but in lieu thereof naval cadets shall be appointed from each Congressional district and at large, as now pro- vided by law for cadet-midshipmen, and all the undergrad- uates at the Naval Academy shall hereafter be designated and called " naval cadets ; " and from those who successfully complete the six years' course appointments shall hereafter of cadet-mid- be. made as it is necessary to fill vacancies in the lower Sadlt-Sgineere. grades of the line and Engineer Corps of the Navy and of ^s., sees. 1512- the Marine Corps : And provided further, That no greater Feb. 24, 1374, number of appointments into these grades shall be made ch j^ P- * 7 1878 each year than shall equal the number of vacancies which ch. 200, p. m. has occurred in the same grades during the preceding year; June 26 1884 such appointments to be made from the graduates of the <* 122, p. 446. year, at the conclusion of their six years' course, in the Mar.2,i889,ch. order of merit, as determined by the academic board of ^ a gdnote,546; the Naval Academy ; the assignment to the various corps 116 ij. s.','474| 483.' to be made by the Secretary of the Navy upon the recom- mendation of the academic board. But nothing herein con- tained shall reduce the number of appointments from such graduates below ten in each year, nor deprive of such appointment any graduate who may complete the six years' course during the year eighteen hundred and eighty-two. And if there be a surplus of graduates, those who do not receive such appointment shall be given a certificate of 72 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. graduation, an honorable discharge, and one year's sea-pay, as now provided by law for cadet-midshipmen ; and so much of section fifteen hundred and twenty-one of the Revised Statutes as is inconsistent herewith is hereby repealed. That any cadet whose position in his class entitles him to be retained in the service may, upon his own application, be honorably discharged at the end of four years' course at the Naval Academy, with a proper certificate of graduation. Number of na- SEC. 1513. There shall be allowed at said Academy one va Ma!? e 2 t8 i867, s. naval cadet for every Member or Delegate of the House of fniv 15' firo** 7 ' K e P r . esen t a tives, one for the District of Columbia, and ten 12! v. is, p! 334*:' appointed annually at large : Provided, however. That there *o" ie 17 i43 87 l'ug' sna U n t b e a t au y time more i n sa id Academy appointed 5,i882,'22stat.L.i at large than ten. p. 285. See note 3. July 26, 1894. That section fifteen hundred and fourteen, chapter five, Naval Acad- title fifteen of the Revised Statutes of the United States, em /V f is hereby amended so that it shall hereafter read: R s", sic 15U The Secretary of the Navy shall, as soon after the fifth a n u l y i2 8 p 58?' ^ ^ arcn i 11 each year as possible, notify in writing each 'Naval Acad- Member and Delegate of the House of Representatives of vacancy tice f anv vacancy that may exist in his district. Nominations, The nomination of a candidate to fill said vacancy shall be made upon the recommendation of the Member or Dele- gate, if such recommendation is made by the first day of July of that year; Appointment but if it is not made by that time, the Secretary of the Met wfcn va- Navy shall fill the vacancy by appointment of an actual cancy exists, resident of the district in which the vacancy exists, who shall have been for at least two years immediately preced- ing the date of his appointment an actual and bona fide resident of the district in which the vacancy exists and of the legal qualification under the law as now provided, f Ca r> d r da d C t ^ e can( lidate allowed for the District of Columbia, and ilrge. a all the candidates appointed at large, shall be selected by the President. Feb. 12, 1895. That every Representative or Delegate in Congress, Naval Acad- whose district or Territory is now not represented at the Appointment of ^ ava l Academy by a cadet who was an actual resident of cadets from dis- such district or Territory at the time of his appointment, sented. not ***** shall be permitted and authorized to recommend a candi- date for appointment as cadet at the Naval Academy of the United States, said recommendation to be made on or before the fourth day of March, eighteen hundred and ninety- five, and the Secretary of the Navy shall nominate such cadet so recommended for appointment to said Acad- emy, subject to the qualifications now prescribed by law. Such cadets, when so appointed, shall be in addition to the cadets now allowed by law, and the sum of money appro- priated by the Act entitled "An Act making appropria- Note S.A joint resolution, approved July 25, 1868, v. 15, p. 261, authorizes tin- Secretary of the Navy to receive for instruction at the Naval Academy not exceed- ing six persons, to be designated by the Government of the Empire of Japan, pro- vided that no expense shall thereby accrue to the United States: and that the Secretary of the Navy may, in the case of the said persons, modify or dispense \\ith any provisions of the rules and regulations of the said Academy which circum- stances may, in hie opinion, render necessary or desirable. NAVAL ACADEMY - NAVAL CADETS. 73 tions for the naval service for the fiscal year ending June ^^ 2d 8 J!J- thirtieth, eighteen hundred and ninety-five, and for other purposes," approved July twenty-sixth, eighteen hundred and ninety-four, is hereby made available, and shall be Appropriation applied to carry into effect this law. SEC. 1515. All candidates for admission into the Acad- ca nJXt"t tion f einy shall be examined according to such regulations and Jniju.iMM; at such stated times as the Secretary of the Navy may ^ pr li }?' fieJ 8 ^ prescribe. Candidates rejected at such examination shall 5, y.i4, P . 38.' not have the privilege of another examination for admis- sion to the same class, unless recommended by the board of examiners. SEC. 1516. When any candidate who has been nominated Se< j ond recom- ., -i y. / T/r i -r^-i T mendation. upon the recommendation 01 a Member or Delegate or the July ie, 1862, a. House of Representatives is found, upon examination, to j*;^ \}\$Q 5 8 85 5 ; be physically or mentally disqualified for admission, the v. 14, p. as. Member or Delegate shall be notified to recommend another candidate, who shall be examined according to the pro- visions of the preceding section. SEC. 1517. Candidates allowed for congressional dis- S^^SSg 18 - tricts, for Territories, and for the District of Columbia must 9, v u y i2, ' P . 565 1 be actual residents of the districts or Territories, respec- J^J ^ 186 | 85 8 ; tively, from which they are nominated. And all candidates ApJii i, im, s. 2, must, at the time of their examination for admission, be ^g^ote 5. between the ages of fourteen and eighteen years, and physically sound, well formed, and of robust constitution. SEC. 2. That after the fourth day of March, eighteen Mar. 2, isso. hundred and eighty-nine, the minimum age of admission Minimum age of cadets to the Academy shall be fifteen years and the ^ar^nd^SLd 5 maximum age twenty years. mum 20. R. S. sec. 1517. SEC. 1518. No money appropriated for the support of the h tw p a^ited tiOM ' Naval Academy shall be applied to the support of any see note e. naval cadet appointed otherwise than in strict conformauce i ^5^5' jf^f! with the provisions of this chapter. ug v 51 188 Jk ^ Stilt. Jj. p. J85. SEC. 1519. Naval cadets found deficient at any examina- tion shall not be continued at the Academy or in the t. service unless upon the recommendation of the academic 11 J v ly i2 6 'p 86 585 8 ' board. Aug. 5, isoz, 22 Stat. L., p. 285. See note 7. Note 4. Section 1515 is to be read as if the dates fixed by the regulations of the Academy for the examination of candidates for admission were inserted therein ; and hence by the existing law the season for recommendations and nominations of naval cadets begins after the 5th of March and expires on the 22d of September in each year. (Op., XVI, p. 621.) This opinion was given in the case of a Member whose candidates, sent down in June and September, failed, and he wished to send another in January following. It was held that no nomination could be made until after the 5th of March. Note 5. A candidate under fourteen or over eighteen years of age is not between the two ages, and can not bo appointed. (Op., X, p. 315, "July 29, 1862. For further discussion of the subject of appointments see Op., X, pp. 46, 495 ; Op., XVI, p. 621.) Note 6. The naval appropriation act of March 8, 1883, provides for the actual and See traveling necessary traveling expenses of naval cadets while proceeding from their homes to expenses, title the Naval Academy for examination and appointment as caval cadets. Such ex- Pay and Allow- penses are not allowc d to those not appointed. ances. Note 7. Under section 1519 the Secretary of the Navy has no right to continue at the Academy cadets found at any examination deficient in their studies, without the recommendation of the Academic Board. (Op., XV, p. 634.) By statutory definition, cadets are not to be included, in general, in legislation confined to "officers" of the Navy. (Idem.) Cadets, after the four years' course, are not entirely emancipated from probation- ary study ; they are students at sea. (Op., XVI, p. 296.) 74 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Academic g E c. 1520. The academic course of naval cadet* shall be course. Mar. 3,i873,s. six years. 1, v. 17, p. 555; Aug. 5, 1882, 22 Stat. L., p. 285. See note 8. mhi r hi 10 men to ^ EC * -^1. When cadet midshipmen shall have passed m jaiy p S ra i87o. successfully the graduating examination at the Academy, 8 ' see V nite p 9 334 ' they sliall receive appointments as midshipmen and shall se<> sec. 1512, take rank according to their proficiency as shown by the sec d i483 e under order f their merit at date of graduation. June ae, 1884. That from and after the passage of this act all graduates 23 stat. L., BO. of the Naval Academy who are assigned to the line of the 446 Upp ' R< S>) p * Navy, on the successful completion of the six years course, Graduates of shall be comiuissioiied ensigns in the Navy. Naval Academy to be ensigns. R. S., seed. 1362, 1521. See title Hank and Prece- dence, sec. 1466. Aug. 5, 1882, ch, 391, pars. 1, 2; Mar. 2, 1889, ch. 396, and note. Grade of jun- That the grade of junior ensign in the Navy is hereby ior ensigns , ,. , , & , , . J . fe , ,.* T , , ,, , J abolished. abolished and the junior ensigns now on the list shall be 97 M par Vp 8 4bi b ' commissioned ensigns in the Navy : Provided, That nothing in this act shall be so construed as to increase the number of officers in the Navy now allowed by law. Repeal. That all acts and parts of acts inconsistent with the pro- visions of this act be and the same are hereby repealed. July 26, 1894. Provided further, That in order to fill vacancies that may - exist in the grade of ensign in the Navy and in the grade of , ign and assist- assistant engineer in the Navy, the Secretary of the Navy des 5 , 1 h ow shall, in casethenumberof vacancies in either of such grades exceeds the number of naval cadets in the line division or in the engineer division of the class of naval cadets finally graduated in the year eighteen hundred and ninety-four, or in any one year thereafter, select a number equal to such excess from the final graduates of said class in the engi- neer division or in the line division, as the case may require, who shall be reported as proficient and be recommended thereto by the Academic Board, and such final graduates shall be appointed to fill vacancies in the grade of ensign in the Navy or in the grade of assistant engineer in the Navy, respectively, t intee8 an( ^ * Qe nava l cadets so appointed to fill vacancies in such grades shall take rank in those respective grades next after the naval cadets appointed from the line division or from the engineer division, as the case may be, to fill vacancies in those grades, but among themselves according to merit as determined by the Academic Board. * * * Note 8. Fnder the act of July 4, 1864, a. 5, v. 13, p. 393, the academic course of cadet engineers was two years, and by the act of 3 Mar., 1873, s. 1. \ . 17, p. 555 the coarse of instruction was made four years, including "two years of ser\ ire in naval steamers, in addition to the period' at the Naval Academy now provided by law." An act approved Feb. 24, 1874, n. 2, v. 18, p. 17, provided that after the 30th of June, 1874, the course of instruction at the Naval Academy for cadet engineers should be four years, instead of two, the provision to first apply to the 1893 - tofore graduated or may hereafter graduate from the Naval 27 stat. L., 715. Academy, and who has been or may hereafter be commis- 1892-1895', P . iso.' 1 sioned, within six months after such graduation, an officer Naval in the Navy or Marine Corps of the United States, u the laws appointing such graduate to the Isavy or Marine six months, to be Corps, shall be allowed the pay of the grade in which he? a a n d k fr01 maybe so commissioned from the date he takes rank as ^ s - secs - 1521 stated in his commission to the date of qualification and Aug. 5, 1882, ch. acceptance of his commission: iu^E^sTV 1 June '26,' 1884, ch. 122 (1 Supp, U.S., 446;. Mar. 2, 1889, ch. 396 (1 Supp. E. S., 696). See note 12. SEC. 1526. The Secretary of the Navy shall arrange the Title is, chap. 4. course of studies and the order of recitations at the Naval studies not to Academy so that the students in said institution shall not^ un p d ay 8U be required to pursue their studies on Sunday. 2i J ^i6 1 p3 8 i9' 8 ' SEC. 1527. The store-keeper at the Naval Academy shall be detailed from the Paymaster's Corps, and shall have 4 ^ 2, i authority, with the approval of the Secretary of the Navy, Aug. 5, 1862' to procure clothing and other necessaries for the naval Note 10. While so much of this section as authorized the formation of a class lo be styled cadet engineers is in effect repealed by the act of Aug. 5, 1882, sec. 1512, there still seems to be authority left to educate at the Academy persons for con- structors at least. Note ll.TliQ provisions of 1864, ch. 252, herein referred to, are incorporated into Revised Statutes, sec. 1527. Note 12. A similar provision relative to graduates of the Military Academy is made by 1886, Dec. 20, ch. 2 (1 Supp. R. S., 517). The laws relating to the commission of naval cadets are referred to in the margin. The laws relating to the Naval Acad- emy are reviewed in a note to 1889, Mar. 2, ch. 396 (1 Supp. K. S., 696). 76 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. cadets in the same manner as supplies are furnished to the Navy, to be issued under such regulations as may be pre- scribed by the Secretary of the Navy. Professors of g EC< 1528. Three professors of mathematics shall be ethics, Spanish, , , ., , -y , . .. . ana drawing. assigned to duty at the Naval Academy, one as professor s.val.p 1 ^ 864 ' s ' f ethics and English studies, one as professor of the Span- ' see note is. ish language, and one as professor of drawing. See also note same section, ti- tle Professors of Mathematics. Title is, chap. 8. gEC 1556 * * * t 1 li- offense, and sentence approved by superintendent, from all chance of reinstatement or reappointment. Must seek relief from Congress. Advises against pardon. (Op., XV, Mar. 15, 1876, p. 80.) When found guilty of hazing, the court must recommend dismissal, instead of NAVAL ACADEMY CADETS NAVAL CONSTRUCTORS. 77 That the Secretary of the Navy shall have power to coil- Mar. 2, vene general courts-martial for the trial of naval cadets, 28 stat. L., 825. subject to the same limitations and conditions now existing fo?ca t iet 8 martial as to other general courts-martial, and to approve the pro- R. s., MO, 1024, ceedings and execute the sentences of such courts, except art8i 36) 53> the sentences of suspension and dismissal, which, after having been approved by the superintendent, shall not be carried into effect until confirmed by the President: There shall be appointed every year, in the following Feb. 14, 1879. manner, a Board of Visitors, to attend the annual exaini- ~V. 20, nation of the Academy: Seven persons shall be appointed by the President, and two Senators and three Members the House of Eepresentatives shall be designated as vis- itors by the Vice-President or President pro tempore of the Senate and the Speaker of the House of Eepresentatives, respectively, at the session of Congress next preceding such examination. Each member of said board shall receive not exceeding eight cents per mile traveled by the most direct route from his residence to Annapolis, and eight cents per mile for each mile from said place to his residence on returning. of 7 NAVAL CONSTRUCTORS. Sec. 425. Chief of Bureau. 1402. Number and appointment. 1404. Duty. 1471. Chief Constructor. Sec. 1477. Rank. 1481 . Rank on retirement. 1522. Education of, at Academy. 1556. Pay. Title 10 - of Bu - SEC. 425. The Chief of the Bureau of Construction and Eepair shall be appointed from the list of officers of the Navy, not below the grade of commander, and shall be a July 5, 1862, s. skillful naval constructor. 1( See sec. 148laa to the rank of con- structors when retired from age or length of ser- vice. SEC. 1402. The President, by and with the advice and Title 15, c consent of the Senate, may appoint naval constructors, who Number, ap- shall have rank and pay as officers of the Navy. 7, v. 14, p. 223; Mar. 3, 1871, $. 9, v. 16, p. 536. See notes under sec. 1378, Pay Corps. SEC. 1404. Naval constructors may be required to perform g"^ 1 duty at any navy-yard o other station. 2,^5^.794. ' 8 ' SEC. 1471. The Chief f the Bureau of * * * Con- Title is, chap.4. struction and Eepair slu I have the relative rank of com- chief construct- modore while holding said position, and shall have the or ^ ar g 1871 g title * * * of Chief Constructor. i2,v ar i6,'p.537 8 ' sentencing to be dismissed. (Cases of Garrett and others, sentences set aside by Secretary of the Navy, June 9, 1877. 0. L. B., p. 8.) Art. 36, sec. 1624, does not extend to cadets at the Naval Academy. They may be dismissed for misconduct without trial by court-martial. For hazing they must be tried. (Op., XV, p. 634, J uly 10, 1877.) 78 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Mar. 3, 1893. And any Naval Constructor having the rank of Captain, 27 stat.L., 715. Commander or Lieutenant Commander shall be eligible as ?892-fg95 *?. i3o. Chief of the Bureau of Construction and Repair. * * * Naval Construct- ors eligible as Chief of Bureau of Construction and Repair. R. S., sees. 419-421, Rank. SEC. 1477. Of the naval constructors, two shall have the 9,v.\1fp 3 536 71 se 8 e relative rank of captain, three of commander, and all others s'ame'sec.. Rank that of lieutenant-commander or lieutenant. * * * and Precedence. SEC. 1481. * Constructors who shall have served m Mar.3, 1871, s. faithfully for forty-five years, shall, when retired, have the 11, v, 16, p. 537. relative rank of commodore; and * * * who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. Title is, chap. 5. SEC. 1522. The Secretary of the Navy is authorized to Education at make provision, by regulations issued by him, for educating the ^aval Academy, as naval constructors * * * 393'; such naval cadets and others as may show a peculiar apti- de therefor. He may, for this purpose, form a separate Academy, ae c. class at the academy, * * * or otherwise afford to such persons all proper facilities for such a scientific mechanical education as will fit them for said profession. Title is, chap, s. $ Ea 1556> * * * Naval constructors, during the first Pay. five years after date of appointment, when on duty, three f 8 ' thousand two hundred dollars; on leave, or waiting orders, two thousand two hundred dollars; during the second five years after such date, when on duty, three thousand four hundred dollars ; on leave, or waiting orders, two thousand four hundred dollars ; during the third five years after such date, when on duty, three thousand seven hundred dollars ; on leave, or waiting orders, two thousand seven hundred dollars; during the fourth five years after such date, when on duty, four thousand dollars; on leave, or waiting orders, three thousand dollars; after twenty years from such date, when on duty, four thousand two hundred dollars; on leave, or waiting orders, three thousand two hundred dollars. ASSISTANT NAVAL CONSTRUCTORS. Sec. 1403. Appointment of. Sec. 1556. Pay. 1477. Rank. SEC. 1403. Cadet-engineers who are graduated with con8tiSctoraf val c re( lit in the scientific and mechanical class of the Naval July 4, 1864, s. Academy may, upon the recommendation of the academic sec'. 1 i522, 39 |favS board, be immediately appointed as assistant naval con- Constructors. Ma? k 3, 1871, s. SEC - 1477 - * * * Assistant naval constructors shall 9,v.i6,'p.536. see have the relative rank of lieutenant or master. same sec., Rank and Precedence. Lieutenant of the junior grade. NAVAL CONSTRUCTORS OBSERVATORY STOREKEEPERS. 79 SEC. 1556. * * * Assistant naval constructors, dur- Title is, chap, s. ing the first four years after date of appointment, when on Pay. duty, two thousand dollars; on leave, or waiting orders, 3 ^ u ll ,p%!jl! ' 8> one thousand five hundred dollars; during the second four years after such date, when on duty, two thousand two hundred dollars ; on leave, or waiting orders, one thousand seven hundred dollars ; after eight years from such date, when on duty, two thousand six hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars. NAVAL OBSERVATORY. Sec. 434. Pay of superintendent. 435. Meridians adopted. Sec. Assistant astronomers and clerk. Purchase of new site. 1401. Professors' duties. SEC. 434. The officer of the Navy employed as superin- _ ltle 10 i tendeut of the Naval Observatory at Washington shall be entitled to receive the shore duty pay of his grade, and no M a 3, ises, v. other. 13 'P- 533 ; SEC. 435. The meridian of the Observatory at Washing- & 2s! 1350, s. ton shall be adopted and used as the American meridian i.v.9,p. 515. for all astronomical purposes, and the meridian of Green- wich shall be adopted for all nautical purposes. SEC. 1401. Professors of mathematics shall perform such Titlel5>chap - 1 - duties as may be assigned them by order of the Secretary fe ^ u ^ e8 of P ro ' of the Navy, at the * * * Naval Observatory. * * * Tu^'s, ms, s. 12, v. 9, p. 272. NAVAL STOREKEEPERS. Sec. 1413. Storekeepers at navy-yards. 1414. Storekeepers on foreign stations. 1415. Storekeeper's bond. 1438. Officers to act as storekeepers on foreign stations. Sec. 1527. Storekeeper at the Academy. 1567. Officers serving as storekeepers on foreign stations. 1568. Civilians, storekeepers on foreign stations. 1439. Bonds of. SEC. 1413. The President, by and with the advice and Title is, chap, i. con sent of the Senate, may appoint * * * a naval store- J^^Ss keeper at each of the navy -yards where such officers may MM. 2; ise?,' s. be necessary. ^ $ f^; 1, v. 15, p. 69. SEC. 1414. The Secretary of the Navy may appoint citi- on S %7e k i|n p sta 8 zens who are not officers of the Navy to be store-keepers ^^^ 1844 on foreign stations, when suitable officers of the Navy can- 1, v. n( 5, 'p. 7oo 8 - not be ordered on such service, or when, in his opinion, the^y^ 7 '^ 3 ' public interest will be thereby promoted. ises. SEC. 1415. Every person who is appointed store-keeper bo ^ rekeeper ' 8 under the provisions of the preceding section shall be idem, required to give a bond, in such amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty. SEC. 1438. The Secretary of the Navy shall order a suit- Title is, chap. 2. able commissioned or warrant officer of the Navy, except officers to act in the case provided in section fourteen hundred and four- f n fo^SgnTta 8 teen, to take charge of the naval stores for foreign squad- tio r n l 8 e - m rons at each of the foreign stations where such stores may see sec. 1557. be deposited, and where a store-keeper may be necessary. 80 LAWS RELATING TO THE NA.VY, MARINE CORPS, ETC. June 8 ??' 1844 SEC> 14:39 * Everv officer so acting as store-keeper on a a. i, v. 5, p. TOO. 'foreign station shall be required to give a bond, in such amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty. Title is, chap. 5. SEC. 1527. The store-keeper at the Naval Academy shall storekeeper at be detailed from the Paymasters' Corps, and shall have th Mtrlf 1867 s authority, with the approval of the Secretary of the Navy, 4, v. 14,' p. 516;' to procure clothing and other necessaries for the naval Aug. 5, 1882. cadets in the same manner as supplies are furnished to the Navy, to be issued under such regulations as may be pre- scribed by the Secretary of the Navy. Title is, chap, s. SEC. 1567. Officers who are ordered to take charge of Pay of officers naval stores for foreign squadrons, in the place of naval store- lee v ere ^Tot kee P ers ) sna11 be entitled to receive, while so employed, the eign stations, shore-duty pay of their grades 5 and when the same is less ' than fifteen hundred dollars a year, they may be allowed compensation, including such shore-duty pay, at a rate not exceeding fifteen hundred dollars a year. Pay of civil- SEC. 1568. Civilians appointed as store-keepers on for- ere 8 ' on to fore7 ei n stati ou8 shall receive compensation for such services, bt juner7 1844 s a ^ ^ ra ^ e no * excee( ^i I ig fifteen hundred dollars a year. l,v.5 lP .70<);Mar! :!.1847,8.3,v.9,p. 172. NAVY-YARDS AND STATIONS. Sec. I Sec. 355. Title to land to be purchased. 1413. Civil engineers and storekeep 1416. Civil officers at yards may I continued. 1542. Commandants of navy-yards. Rates of wages. 5385. Arson in navy-yards, etc. 5386. Arson of armory, etc. 5387. Arson of vessels of war. Act June 30, 1876. Prohibition on increas- 1543. Master workmen. ing force. 1544. Laborers, how selected. , Act Aug. 5, 1882. Wet dock at Norfolk. 1545. Salaries; per diem compensation. \ Navy -yard commission. 1546. Requiring contributions for polit- Act Aug. 7, 1882. Coaling station, Port ical purposes at navy-yarda. Royal. 1838. Land purchased for yards. Act Mar. 3, 1883. Establishment of Gov- 3728. Fuel for navv-yards. 3736. No land to l>e purchased without authority of law. 3738. Eight hours a day's labor. ernment foundry. A($ Aug. 7, 1882. Training station, Coast- ers Harbor Island. Act Aug. 5, 1882. Closing the yards. Title s. SEC. 355. No public money shall be expended upon any Title to land to site or land purchased by the United States for the pur- be purchased by poses of erecting thereon any armory, arsenal, fort, fortifica- stateB. tion, navy-yard, custom-house, light-house, or other public 5 j|5 e Si8 11 ' l841>v ' building, of any kind whatever, until the written opinion ' See sec. 1838. of the Attorney General shall be had in favor of the valid- ity of the title, nor until the consent of the legisMture 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 districts. And the Secretaries of the Departments, upon the application 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 procuring it shall be paid out of the appropria- tions made for the contingencies of the Departments re- spectively. NAVY-YARDS AND STATIONS. 81 SEC. 1413. The President, by and with the advice and Title is, chap, i. consent of the Senate, may appoint a civil engineer and a civil engineers naval store-keeper at each of the navy-yards where such at Savy^ya?ds ers officers may be necessary. Mar. 2, ise?,' 8 . 1, V. 14, p. 490; June 17, 1868, s. 1, v. 15, p. 69. See 1415, Naval store- keepers. SEC. 1416. The Secretary of the Navy is authorized, when Discontinuance in his opinion the public interest will permit it, to dis- ot Aug. ioj.84? s. continue the office or employment of any measurer and x > v< 9 P- 98t inspector of timber, clerk of the yard, clerk of the com- mandant, clerk of the store-keeper, clerk of the naval constructor, and the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners. SEC. 1542. The President may select the commandants Title is, chap, e. of the several navy-yards from officers not below the grade selection of Of Commander. commandants. Aug. 2, 1861. v. 12, p. 285; JulyS, 1862, a. 2, v. 12, p. 510. SEC. 1543. The persons employed at the several nav yards to superintend the mechanical departments, and men 8 heretofore known as master mechanics, master carpenters, t v"i5 e p 7 69 868 ' B ' master joiners, master blacksmiths, master boiler- makers, master sail-makers, master plumbers, master painters, master calkers, master masons, master boat-builders, master spar-makers, master block-makers, master laborers, and the superintendents of rope- walks shall be men skilled in their several duties and appointed from civil life, and shall not be appointed from the officers of the Navy. SEC. 1544. Laborers shall be employed in the sever al la foJg r c g tion of navy-yards by the proper officers in charge with reference a May f 23, 1372, a. to skill and efficiency, and without regard to other con- 1 ' serif's.?' sec. SideratiouS. 1662, and Justices Op., 1st met. (Mass.) 580. SEC. 1545. Salaries shall not be paid to any employes fafig^*' 1 **'' per any of the navy-yards, except those wio are designated in tioJ? the estimates. All other persons shall receive a per diem a J u jj p 4 ^ 62 ' 8 ' compensation for the time during which they may be 'see note i.' actually employed. SEC. 1546. No officer or employe of the Government shall require or request any working man in any navy-yard to contribute or pay any money for political purposes, nor 3> s^ shall any working man be removed or discharged for polit- Departments,act ical opinion ; and any officer or employe of the Government 83 ' D: who shall offend against the provisions of this section shall be dismissed from the service of the United States. Note 1. By the acts of July 28, 1870, R. S. D. C., sec. 902, and January 31, 1879, v. the United States as a day of fast or thanksgiving, shall be holidays in the District of Columbia. By act of January 31, 1879, 20 Slat., 277, act of June 18, 1888, 25 Stat. L., 185, and act of June 28, 1894, 28 Stat. L., 96, Inauguration Day, Decoration Day, and Labor Day are also holidays in the Diatrict of Columbia. See see. 5, Department Duties. 376 6 82 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title >->_. SEC. 1838. The President of the United States is author Assent < f i/ed to procure the assent of the legislature of any State, rha8c 8 onanci8for within which any purchase of land has been made for the forts, etc. erection of forts, magazines, arsenals, dock-yards, and ^vXp 2 ^ 828 ' 8 ' ^ 61 ' needful buildings, without such consent having been obtained. Title 48. SEC. 3728. * * * In purchasing fuel for the Navy, or Fuel. ~ for naval stations and yards, the Secretary of the Navy shall i v^ytis 850 ' 8 have power to discriminate and purchase, in such manner as he may deem proper, that kind of fuel which is best adapted to the purpose for which it is to be used.* Restriction on g EC 373(3 jf o i an( j s ^n ^ purchased on account of the purehaseoi land. ..-** it ^i i May i, 1820, a. United States, except under a law authorizing such pur- 7, v. 3, p. 568. a E '' g labor Urs a SEC. 3738. Eight hours shall constitute a day's work for aa ,v. all laborers, workmen, and mechanics who may be employed op p P 77 685 19A ' G ' b y or on behalf of the Government of the United States. See this section under Contracts, Division I, and sec. 3689, under A p p ropriations, Division III. Aug. i, 1892. That the service and employment of all laborers and 27 stat. L., 340. mechanics who are now or may hereafter be employed by ^supp^R.s.1892- t he Government of the United States, by the District of Hours' of labor Columbia, or by any contractor or subcontractor upon any S?u*o^s e Sdfef the Public works of the United States or of the said mechanics on District of Columbia, is hereby limited and restricted to work 6 r nm e n * eight hours in any one calendar day, and it shall be unlawful See note 2. f or an y officer of the United States Government or of the District of Columbia or any such con tractor or subcontracter whose duty it shall be to employ, direct, or control the serv- ices of such laborers or mechanics to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency. That any officer or agent of the Government of the United ; States or of the District of Columbia, or any contractor 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 pun- ished by a fine not to exceed one thousand dollars or by imprisonment for not more then six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. Prior eight- Note 2. By R. S., sec. 3738, "Eight hours shall constitute a day's work for all hour laws. laborers, workmen and mechanics who may bo employed by or on bobalf of tin- ( i<>\ - eminent of the United States." Decisions construing this provision are found in yi U. S., 400; 96 U.S., 421. 1888, Mar. 30, ch. 47, p;u . '2 (I Supp. IJ. S., r,HL>). directs the rigid enforcement of the eight-hour law in the Government Printing Office. 1888, May 24, ch. 308 (1 Supp. R. S., 587), makes eight hours a day's work for letter carriers, with a provision for extra pay in case of employment a greater number of hours. For decisions under this act see 148 U. S., 124, 134. For construction of the act in the text see opinion of the Attorney-General, published in General Orders, No. 61, Headquarters of the Army, Adjutant-GeneraTa Offioe-Sept. 6, 1892. For review of "labor legislation," see 1888, June 13, cb. 389 (1 Supp. K. S., 590). NAVY-YARDS AND STATIONS. 83 The provisions of this act shall not be so construed as to in any manner apply to or affect contractors or subcon- eli" tractors, 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. That * * * * the rate of wages of the employes Jul y 16 1802 - in the navy-yards shall conform, as nearly as is consistent Kate of wages with the public interest, with those of private establish- g* hour8 ' inents iii the immediate vicinity of the respective yards, g ^ec.^12, isei, s. to be determined by the commandants of the navy-yards, j u iy 8,1862,' V ?i2, ; subject to the approval and revision of the Secretary of the P- ^ note 3 Navy. SEC. 5385. Every person who, within any fort, dock-yard, Title ?o, chap, a. navy-yard, arsenal, armory, or magazine, the site whereof is Arson of dwell- under the jurisdiction of the United States, or on the site of af or h t etc within any light-house, or other needful building belonging to the Mar. 3, 1825, s. United States, the site whereof is under their jurisdiction, ^-^P- 115 - willfully and maliciously burns any dwelling-house or man- sion-house, or any store, barn, stable, or other building, par- cel of any dwelling or mansion-house, shall suffer death. SEC. 5380. Every person who, in any of the places men- ^^8^1" tioned in the preceding section, maliciously sets fire to, or idem, s.i burns, any arsenal, armory, magazine, rope- walk, ship- house, warehouse, block-house, or barrack, or any store- house, barn, or stable, not parcel of a dwelling-house, or any other build- ing not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light- house, or beacon, or any timber, cables, rigging, or other materials for build- ing, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victual- ing stores, arms, or other munitions of war, shall be pun- ished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. SEC. 5387. Every person who maliciously sets on fire, or of ^ r a i r nofve88el burns, or otherwise destroys, any vessel of war of the United idem, s. n, p. States, afloat on the high seas, or in any arm of the sea, or 117 - in any river, haven, creek, basin, or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, shall suffer death. No increase of the force at any navy-yard shall be made at Jnne 30 1876 - any time within sixty days next before any election to take 19 stat. L., 65 ; place for President of the United States, or member of Su proMb,io p n 1 on Congress, except when the Secretary of the Navy shall cer- increase of force, tify that the needs of the public service make such increase i9 J p. n 65 30 ' 1876>v ' necessary at that time, which certificate shall be iinme- See A al ? under -.-..I -i Secretaries and diately published when made. cierks. Training Station, Coasters' Harbor Island, Ehode Island : Sept. 7, isss. to enable the naval war college to be conducted at said 25 stat. L., 458. island up to January first, eighteen hundred and eighty- O f Torpedo tl( nine: Provided, That the Secretary of the Navy is hereby authorized to consolidate and place under one command Note 8. This act is omitted from the Revised Statutes, but has been always recog- nized as governing the rates of wages, also the hours of labor until the passage of the eight-hour law. 84 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the torpedo station and the naval war college at Newport, Ehode Island, after said date. PAY CORPS. (See also ACCOUNTS and DISBURSING OFFICERS, Division III.) Sec. 425. Chief Bureau of Provisions and Clothing. 1376. Pay Corps, number of. 1378. Appointments, how made. 1379. Qualifications of assistant pay- masters. 1380. Order of promotion. 1381. Acting appointments on ships at sea. 1382. Paymaster of the fleet. 1383. Bonds. 1384. New bonds. 1385. Bond not affected by new commis- sion. I Sec. 1386. Clerks, when allowed. 1387. Clerks, when not allowed. 1388. Clerks of passed assistant and as- sistant paymasters. 1389. Loans to officers by paymasters. 1432. Commanding officers not required to act as paymasters. 1471. Rank Paymaster-General. 1475. Rank generally. 1481. Rank of retired officers. 1527. Storekeeper at Naval Academy. 1556. Pay. 1564. Vacancies occurring at sea. Title 10. SEC. 425. The Chief of the Bureau of Provisions and July 5,1862,8. Clothing shall be appointed from the list of paymasters of i,v.i2,p.'5io. ' th e Navy of not less than ten years 7 standing. See sees. 1471 ' and 1481. Title changed to Bu- reau of Supplies and Accounts. Title is, chap. i. SEC. 1376. The active list of the Pay Corps of the Navy Pay Corps, shall consist of thirteen pay directors, thirteen pay in- number of. ' spectors, forty paymasters, twenty passed assistant pay- 11, Y; !,' p. 334'; masters, and ten assistant paymasters. Mar. 3, 1871, s. 6, v. 16, p. 536; Aug. ' Appointments, SEC. 1378. All appointments in the Pay Corps shall be h Mar 3o e 'i8i2 s made by the President, by and with the advice and consent v. 12, p. 83 ; July 17, 1861, s. l.v. 12, p. 258; May 3, 1866; 8.1,v.l4,p. 43. See note 1. masters. SEC ' 1379 ' No P erson sna11 be appointed assistant pay- master who is, at the time of such appointment, less than 2, v"i2, p?258 61 ' 8 ' twenty-one or more than twenty- six years of age; nor until his physical, mental, and moral qualifications have been examined and approved by a board of paymasters appointed by the Secretary of the Navy, and according to such regu- lations as he may prescribe. See Bee. 1378. Note 1, Appointments to office can be made only by the Executive branch of the Government in the manner provided by the Constitution (Art. II, 2), and not by Congressional enactment. C. C., XV, 151, Wood's case. See Medical It is necessary that the President should nominate, the Senate advise and consent, Corps and Tfaval and that, in pursuance of such nomination and confirmation the appointment should Construe ti on s, actually bo made. The nomination and confirmation do not divest the President of Division I. the power to withhold the appointment. Op. IV, 31, 218. The appointment of a commissioned officer is not perfected, and is entirely within the power of the Presi- dent until the commission is issued. Op. IX, 297; XIII, 44; XIV, 344, C. C. V.,97. When a commission has been signed by the President the appointment is com- plete, and the commission is complete when the seal of the United States has been affixed. 1 Cranch, Curtis' edition, 377, Marbury's case. See also under The Senate can not originate an appointment its constitutional action is confined Civil Service, Di- to a simple affirmation or rejection of the nomination, and it fails when they disa- visiou III. gree. May suggest limitations or conditions, but can not vary the nomination. No appointment can be made except on the President's nomination agreed to without qualification or alteration. Op., Ill, 189. When a person appointed to an oflico refuses to accept the same, the successor is nominated in the place of the person who has declined, and not in place of the person who had been previously in office 1 Cranch, Curtis' edition, 377. Where an officer was of lawful ago when nominated but was over age when con- firmed, his commission can be issued to him. The Senate could have arrested it. Op. X, 308, Bates, July 1, 1862. PAY CORPS OF THE NAVY. 85 SEC. 1380. Passed assistant paymasters shall be regu- m jjjjj r of pr - larly promoted and commissioned from assistant pay mas- juiy 17, isei, ters, and paymasters from passed assistant paymasters;^' 3' \g6JJ' g 25 ?' subject to such examinations as may be prescribed by the v. 14, p. 43. Secretary of the Navy. motion. SEC. 1381. When the office of paymaster or assistant pay- master becomes vacant, by death or otherwise, in ships at sSjs sea, or on foreign stations, or on the Pacific coast of the 4 ^ 12 pVss 61 ' 8 ' United States, the senior officer present may make an act- ' see sec. 1564. ing appointment of any fit person, who shall perform the duties thereof until another paymaster or assistant pay- master shall report for duty, and shall be entitled to receive the pay of such grade while so acting. SEC. 1382. The President may designate among the pay- th j ^ t aster8 ^ f masters in the service, and appoint to every fleet or squad- May24, 1328, a. roii a paymaster, who shall be denominated " paymaster of l^iSeJ'? 1 ^' the fleet." P.M. SEC. 1383. Every paymaster, passed assistant paymaster, and assistant paymaster shall, before entering on the duties e,v.2 of his office, give bond, with two or more sufficient sureties, to be approved by the Secretary of the Navy, for the faith- a. 3', v. 12, p. 83- ful performance thereof. Paymasters shall give bonds inJjSF'jSJj-Jfi the sum of twenty-five thousand dollars, passed assistant ii, 1^2, s. i! v. 12, paymasters in the sum of fifteen thousand dollars, and as- ISQG, s/2, v.i5,p.' sistant paymasters in the sum of ten thousand dollars. p 3 ' 17 5 9A - G< PM ' SEC. 1384. Officers of the Pay Corps shall give new bonds ^ with sufficient sureties, whenever required to do so by the 4, v. sfp. 535. ' Secretary of the Navy. Hereafter all bonds of the Treasurer of the United States, Mar. 2, isos. collectors of internal revenue, collectors, naval officers, sur- 28 stat.L.,764; veyors, and other officers of the customs, either as 5 ' officers or as disbursing officers of the Treasury, bonds of the Secretary of the Senate, Clerk of the House of Eepre- taryof theTreaa- seiitatives, and the Sergeant-at- Arms of the House of Kep- resentatives, and all such bonds now on file in the office of the Comptroller of the Treasury, shall be transmitted to the Secretary of the Treasury and filed as he may direct; and the duties now required by law of the Comptroller of the Treasury in regard to such bonds, as the successor of the (15) Commissioner of Customs and First Comptroller of the Treasury, shall hereafter be performed by the Secretary of the Treasury. Hereafter every officer required by law to take and to approve official bonds shall cause the same to be examined evej y two y ears - at least once every two years for the purpose of ascertain- ing the sufficiency of the sureties thereon ; and every officer having power to fix the amount of an official bond shall examine 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. 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 re- quire such bonds to be renewed or strengthened oftener if he deem such action necessary. 86 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ^ n ^ Je ( ^ scre ^ on f 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 appointment and qualification of his successor : Liability not Provided, That the nonperformance of any requirement of this section on the part of any official of the Govern- ment 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: to continue un- Provided further, That the liability of the principal and 1 sureties on all official bonds shall continue and cover the period of service ensuing until the appointment and quali- fication of the successor of the principal. ed'byl newcJnt SE - 1385 - Tlie issuing of a new appointment and com- mission. mission to any officer of the. Pay Corps shall not affect or 6,^i6',p.'53 8 6 71 ' 8 ' annul any existing bond, but the same shall remain in See note 2. force, and apply to such new appointment and commission. Note 2. ATI appointment by the President to tho end of the next session of Con- gress is not continued by a new appointment and commission by and with the advice and consent of the Senate. The latter is a distinct appointment, and requires a now bond. Sureties on the lirst not released on account of failure of the Senate to con- firm the second. (United States v. Kilpatrick, 9 Wheaton, 720; United States v. Spencer, 2d McLean, 265; Op., IV, p. 30, May 20, 1842.) A bond is confined in its obligatory force to acts done whilst a commission has a legal continuance. (Op., XV, p. 214, cites 9 Wheaton, 734.) A bond, to bo accepted by the Government, ought to be executed by the obligees and not by their attorneys. (Op., IX, p. 128, Nov. 5, 1857.) The Supremo Court has repeatedly decided that the sureties of a bonded officer are only responsible for the faithful performance of his duties for the legal term of his appointment. (Op., XI, p. 286, July It, 1865.) Bonds cover not merely duties imposed by existing law, but duties belonging to and naturally connected with the office, imposed by subsequent law, provided that the new duties have relation to such office. (United States v. Sanger, 15 Wallace, p. 112.) A paymaster's bond takes effect from tho date of its approval by the Secretary of the Navy. (See Op., XIV, p. 7, and 19 Howard p. 73, as to when bonds go into effect.) Under sec. 1560, K. S., the pay of a bonded officer of the Navy commences on tho day of the approval by the proper authority of his bond. Duties imposed on an officer different in their nature from those which he was required to perform at the time his official bond was given do not render it void as an undertaking for the faithful performance of those which ho at first assumed. (< )tto, 97, p. 584.) Judgment can not bo rendered beyond the penaltv to bo discharged on the payment of the sum actually duo. Can not exceed the penalty with interest from the breach. (United States v. Picketts, 2 Cranch, C. C., 553 ; Farrar v. United States, 5 Peters, 373.) GENERAL INSTRUCTIONS. A bond must bear date even with or prior to that of tho affidavits of sureties and the certificate as to their sufficiency. Seals of wafer or wax must be attached where indicated on the bond, opposite the places for tho signatures of the principal and the sureties. Two or more witnesses are required to each signature. The sufficiency of the sureties must be certified to by a judge or clerk of a United States court or by a United States attorney, preferably for the district in which such sureties reside. Pay officers will bo careful to avoid erasures or alterations in any portion of the bond. The form should be neatly filled and the signatures legibly written. INDIVIDUAL SURETIES. A bond on which tho sureties are individuals must be signed by not less than two sureties, one of whom, at least, must qualify in a sum, over and above all exemptions, debts, and legal liabilities, not less than tin- full amount of the bond ; if there are but two sureties, the second must also qualify in like amount; or in lieu of a second surety for tho whole amount, two or more in.lh idu;ils will bo accepted, provided the aggregate amount for which they qualify be not less limn the full amount <>f the, bond. Each surety must make affidavit stating the value of his or her property over and above all exemptions, debts, and legal liabilities. In case a woman is offered MS surety it should be stated whether she is single, married, or a widow, and if married or a widow an additional certificate will be required to the. effect that such surety holds her property in her own right, and is competent under tho laws of the State in which she resides to bind herself as surety in such case. Tho wife of the prin- cipal will not bo accepted as surety. CORPORATIONS AS SURETIES. Under the provisions of the act approved August 13, 1804, entitled "An act rela- tive to recognizances, stipulations, bonds, and undertakings, and to allow certain PAY CORPS OF THE NAVY. 87 SEC. 1386. Paymasters of the fleet, paymasters oil vessels all ^J^ 8 ' when having complements of more than one hundred and seventy- a Juiyu, 1862, 8 . five persons, on supply- steamers, store- vessels, and receiv- |r a v v : w Sw 56 ^ 5 ing- ships, paymasters at stations and at the Naval Academy, is, i>. 92.' and paymasters detailed at stations as inspectors of provi- sions and clothing, shall each be allowed a clerk. SEC. 1387. No paymaster shall be allowed a clerk in a ves- cierks, when sel having the complement of one hundred and seventy-five persons or less, excepting in supply -steamers and store- vessels. SEC. 1388. Passed assistant paymasters and assistant cierks of passed paymasters attached to vessels of war shall be allowed San^payias- clerks, if clerks would be allowed by law to paymasters so te - i . -i T .Mm 1 , o. lobo, s. attached. 5, v. 12, p. sis. SEC. 1389. It shall not be lawful for any paymaster, Loans to om- passed assistant paymaster, or assistant paymaster, totl5. bypay advance or loan, under any pretense whatever, to any offi- g ^fr 5 26 184 5 | 6 8 ; cer in the naval service, any sum of money, public or pri- j u n / e22,'i8 p 6o,s.3, ; vate, or any credit, or any article or commodity whatever. v - 12> P- 83 - SEC. 1432. No commanding officer of any vessel of the Title 15, chap. 2. Navy shall be required to perform the duties of a paymaster, commanding passed assistant paymaster, or assistant paymaster. af July 17, 1861, s. 4, v. 12, p. 258. SEC. 1471. The Chief of the Bureau of Supplies and Ac- Title is, chap. 4. counts shall have the relative rank of commodore while Rank. holding said position, and shall have the title of paymaster- l2 ^ general. SEC. 1475. Officers of the Pay Corps on the active list,,! 00 , T itle / j-i -VT i * i f -11 Kank and pre- of the Navy shall have relative rank as follows: cedence," sec. Pay directors, the relative rank of captain. Pay inspectors, the relative rank of commander. Paymasters, the relative rank of lieutenant-commander or lieutenant. Passed assistant paymasters, the relative rank of lieuten- Lieutenant of a lit nr rnjuatpv the junior grade. master. Mar 3) 1871 8 6> Assistant paymasters, the relative rank of master or v. it>, p. 536. ensign. SEC. 1481. Officers of the * * * Pay Corps * * * n ^ a who shall have served faithfully for forty-five years, shall, whenretired, have the relative rank of Commodore; * * * corporations to be accepted as surety thereon," a surety or guaranty company, duly certified by the Attorney-General as having complied with the requirements of said act, sind by him authorized to do business thereunder, and having a duly appointed agent in the District of Columbia, will bo accepted as sole surety on a bond. Such company must file with the Department a copy of the letter of the Attorney-General authorizing it to do business under the act approved August 13, 1894, duly authen- ticated by the seal of the Department of Justice ; a copy, certified to under the seal of the supremo court of the District of Columbia, of its appointment of an agent or attorney in said District, unless the above-mentioned letter of the Attorney-General shows the appointment of such agent; and a certified copy of its charter or articles of incorporation, and of so much of its by-laws as is necessary to show what officer or officers are authorized to execute bonds or enter into other obligations in its behalf. A company appearing as surety on a bond shall attach to said bond a copy of the letter of the Attorney- General authorizing it to do business, properly certified to. and, when said bond has been accepted by the Department, the company appearing as surety thereon is required to submit quarterly statements of its financial condi- tion in the months of January, April, July, and October, signed and sworn to by its president and secretary, and to submit statements giving the names of its officers as they are elected from time to time. 88 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. and who have been or who shall be retired at the age of sixty-two years before having served for forty-five years^ but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the serv- ice, have the relative rank of Commodore. Title is, chap. 6. SBC. 1527. The store-keeper at the Naval Academy shall storekeeper at be detailed from the Paymaster's Corps, and shall have tb Mar Cl f e Sfe s authority, with the approval of the Secretary of the Navy, 4, v. i4,'p. 516;' to procure clothing and other necessaries for the naval cadets in the same manner as supplies are furnished to the Navy, to be issued under such regulation as may be pre- scribed by the Secretary of the Navy. Title 15, chap. 8. SEC. 1556. * * Fleet paymasters, * * * four Pay of fleet thousand four hundred dollars. paymasters. July 15, 1870, s. 3, v. 16, p. 330. 18 A. G. Op., p. 156. Pay directors Pay directors and pay inspectors, when on duty at sea, four thousand four hundred dollars. v> o Io71 t When not at sea, the same as * * * paymasters. 6, v. 16, pp. 535, 536; Mar. 3, 1873, s. 1, v. 17, p. 555. * * * Paymasters, during the first five years after date of commission, when at sea, two thousand eight hun- dred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thousand dollars; during the second five years after such date, when at sea, three thousand two hundred dollars; on shore duty, two thousand eight hundred dollars; on leave, or waiting or- ders, two thousand four hundred dollars; during the third five years after such date, when at sea, three thousand five hundred dollars; on shore duty, three thousand two hun- dred dollars; on leave, or waiting orders, two thousand six hundred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dol- lars; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thou- sand dollars; on leave, or waiting orders, three thousand dollars. Passed assist- * * * Passed assistant paymasters, * * * during ' the first five years after date of appointment, when at sea, two thousand dollars; on shore duty, one thousand eight hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; after five years from such date, when at sea, two thousand two hundred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand seven hundred dollars. ^ Assistant pay- * * # Assistant paymasters, * * * during the m juiy , 1870, s. first five years after date of appointment, when at sea, one 3, v. i6, p. 33o. thousand seven hundred dollars; on shore duty, one thou- sand four hundred dollars; on leave, or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, PAY CORPS PAY AND ALLOWANCES. 89 one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. SEC. 1564. Any person performing the duties of paymas- as Per f l on , U a8 t tef ter, acting assistant paymaster, or assistant paymaster, in when*' 1 office 8 v 6 a r a ship at sea, or on a foreign station, or on the Pacific coast JJJ* in 8hip at of the United States, by appointment of the senior officer July 17, isei, H . present, in case of vacancy of such office, in accordance 4>v ' 12 ' p ' 258> with the provisions of section thirteen hundred and eighty- one, and not otherwise, shall be entitled to receive the pay of such grade while so acting. PAY AND ALLOWANCES. PAY (active, retired, and furlough); EXTRA PAY; ALLOW- ANCES; TRAVELINGS EXPENSES. PAY, ACTIVE AND RETIRED. Sec. 1556. 1557. 1558. 1559. 1560. 1561. 1562. - 1564. 1565. 1567. 1568. Pay of officers 011 active list. Furlough pay. No additional allowances except as herein specified. Volunteer service. Commencement of pay, original en- try. Commencement of pay of promoted officers. In cases of delayed examinations. Commencement of. Acting as paymaster. Chiefs of bureaus. Officers serving as storekeepers on foreign stations. Civilians storekeepers on foreign stations. Sec. 1569. Of enlisted men. 1570. Additional to firemen, etc. 1572. Additional for detention. 1573. Bounty pay for reenlisting. 1574. When vessels are wrecked. 1575. When taken by an enemy. 1576. Assignment of pay. 1588. Of retired officers. 1589. Of certain rear admirals, retired. 1590. Third assistant engineers, retired. (Grade abolished.) 1591. Eetired pay not increased by pro- motion. 1592. Eetired officers on active duty. 1593. Retired officers on furlough. 4688. Allowances on Coast Survey. SEC. 1556. The commissioned officers and warrant officers Title is, chap. 8. on the active list of the Navy of the United States, and the See note i. "pay Mari . Pay does not include rations or subsistence. (Op., II, 420, 593.) The word ay "in acts of Congress concerning compensation of officers of the Army, Navy, and arine Corps does not embrace the emoluments or allowances which are given by law in the absence of a clearly expressed intention to that effect. ("Levant" Case Op., X, 284.) The word "emolument, " in military statutes, includes every allowance or perquisite annexed to an office for the benefit of the officer, and by way of com- pensation for services. Quarters are so given, and whether in money or in kind, are none the less an emolument. Pay and emoluments include quarters. (Op., IX, 284.) "salary; "Compensation" is equivalent to the words "pay or rations nor extra expenses. (Op., II, 593 ; III, 152.) does not include It is within the authority of Congress to reduce the pay or allowances of officers and soldiers at any time during their period of service or enlistment. It can not be done by Executive authority or military authority; nor can a soldier's pay be with- held except in pursuance of law or sentence. (Winthrop, 366.) Where an act of Congress fixes the compensation of an officer of the Government it can neither be enlarged nor diminished by any regulation or order of the President or of a Department, unless the power to make the same is given by act of Congress. (Goldsborough v. United States, Taney, 80.) An officer or soldier can not be dismissed, discharged, or mustered out as of a Srior date with the effect of depriving him of pa\ accrued between that date and the ate of the actual discharge, etc. (Winthrop's Digest, 362.) It is not within the power of the executive department, or any branch of it, to reduce the pay of an officer of the Army. (Winthrop, p. 366 ; q notes 2.3 Wallace, 416.) So long as a person is in the Army or the Navjr he is entitled to receive the pay belonging to the position, unless he has forfeited it in accordance with the provisions of law. (Op., XIII, 104, June 16, 1869 ; Op., XV, 175, Nov. 9, 1876.) An officer is entitled to the salary allowed by law, and is not limited to the amount appropriated by Congress. (C. C., 1, 380.) An officer's "pay account" is not commercial paper, but in its legal aspect a mere receipt. If assigned, and payment made to the assignee, the name of the latter on the back does not make him responsible to the paymaster as an indorser, on ascer- taining that the officer has already drawn his pay for the month. (Winthrop's Digest, 361.) A paymaster on shore duty at a navy-yard is not entitled to pay for sea duty, though required by the Secretary of the Navy, in addition to his regular duties, to take charge of the accounts of certain ironclads temporarily at anchor off the yard and in commission for sea service. (Carpenter's Case, C. C., XV, 247.) Graduated pav of officers. (See Op., X, p. 97, Aug. 13; p. 101, Aug. 19, 1861 ; and p. 326, Aug. 28, 1862.) 90 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. petty officers, seamen, ordinary seamen, firemen, coal- beavers, and employes in the Navy, shall be entitled to receive annual pay at the rates herein stated after their respective designations : ####### Rear-admirals. Rear-admirals, when at sea, six thousand dollars; on shore duty, five thousand dollars; on leave, or waiting orders, four thousand dollars. Commodores. Commodores, when at sea, five thousand dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand dollars. Captains, when at sea, four thousand five hundred dol- lars; on shore duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars. commanders. Commanders, when at sea, three thousand five hundred dollars; on shore duty, three thousand dollars; on leave, or waiting orders, two thousand three hundred dollars, comma" dew* 111 Lieutenant- commanders, during the first four years after date of commission, when at sea, two thousand eight hun- dred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thousand dollars; after four years from such date, when at sea, three thou- sand dollars; on shore duty, two thousand six hundred dollars; on leave, or waiting orders, two thousand two hundred dollars. Lieutenants. Lieutenants, during the first five years after date of com- mission, when at sea, two thousand four hundred dollars; on shore duty, two thousand dollars ; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand six hundred dollars; on shore duty, two thousand two hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars. Lieutenants, junior grade, the pay of masters. [GrodT'a&oz- Masters, during the first five years after date of cominis- iked.] siou, when at sea, one thousand eight hundred dollars; on shore duty, one thousand five hundred dollars ; on leave, or waiting orders, one thousand two hundred dollars ; after five years from such date, when at sea, two thousand dol- lars; on shore duty, one thousand seven hundred dollars; on leave, or waiting orders, one thousand four hundred dollars. ^Grades in the j n ^ e ^ avv there are grades for duty, for honor, and for c/c., v. is, p. pay, some by name and others by description. A lieutenant ' 8 has a grade of his class and also a grade in his class upon which his pay is fixed, depending upon length of service. A lieutenant retired in the first five years of service because not recommended for promotion, is entitled to one half of his sea-pay at the time of retirement, and no more. nr. s, 1838. For the pay of * * * one hundred masters, the title 22stat.L.,472. of which grade is hereby changed to that of lieutenants. Masters in Navy to be styled lieutenants. R. S., sees. 1362, 1363, 1466, 1556. 1 be a junior And the masters now on the list shall constitute a junior grade of, and be commissioned as, lieutenants, having the PAY AND ALLOWANCES. 91 same rank and pay as now provided by law for masters, but promotion to and from said grade shall be by examina- tion as provided by law for promotion to and from the grade of master, And nothing herein contained shall be so construed as cr ^ v not in - to increase the pay now allowed by law to any officer in the line or staff; Ensigns, during the first five years after date of commis- En signs. sion, when at sea, one thousand two hundred dollars; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; after five years from such date, when at sea, one thousand four hundred dollars; on shore duty, one thousand two hundred dollars; on leave, or waiting orders, one thousand dollars. Ensigns, junior grade, the pay of midshipmen. Midshipmen, after graduation, when at sea, one thou- Midshipmen. sand dollars; on shore duty, eight hundred dollars; (*n a, v. ?e, jj^sso j leave, or waiting orders, six hundred dollars. [Grade Feb - 2 y 87 t'T' J?' abolished. Ninety-one midshipmen, the title of which grade is hereby be^tyiel^s? to changed to that of ensign. R.s.,secs.i3t>2,' And the midshipman now on the list shall constitute a ~^ e be a J unior junior grade of, and be commissioned as, ensigns, having ^june 26, ISM, the same rank and pay as now provided by law for mid- ch - 122) p - 446 - shipmen, but promotions to and from said grade shall be under the same regulations and requirements as now pro- vided by law for promotion to and from the grade of mid- shipmen, And nothing herein contained shall be so construed as cr f a ^ d not in ' to increase the pay now allowed by law to any officer of said grade or of any officer of relative rank; Cadet midshipmen [naval cadets], five hundred dollars ; m ^ et midship ' during such period of their course of instruction as they shall July 15, mo, s. be at sea in other than practice ships, shall each receive SMar.'3?i877,'v 3 i9| annual pay not exceeding nine hundred and fifty dollars. ft 90 ' Au - 5 > 1882, Cadet engineers, before final academic examination, five ne ^ det engi ' hundred dollars; after final academic examination, and July 4, 1864, 8 . until warranted as assistant engineers, when on duty at Ma seises, fi,' sea, one thousand dollars; on shore duty, eight hundred J^PJ 539; July dollars; on leave, or waiting orders, six hundred dollars. p . 330-332. '"* [Now styled naval cadets.] See note 2 - And the said mates shall be entitled to receive annual pay at the rates following: when at sea, one thousand two ^- *< j^/ 3 ^ hundred dollars; on shore duty, nine hundred dollars; on staf.', 212. leave, or waiting orders, seven hundred dollars. Fleet- surgeons, fleet-paymasters, and fleet-engineers, four j^fi^im,*. thousand four hundred dollars. 3,v.i6,p.33o. ' Medical directors, medical inspectors, pay directors, and or ^and a in d 8pect- pay inspectors, and chief engineer, having the same rank ors, pay direct- as pay director and pay inspector, when on duty at sea, four o, aSd JhfeKi- thousand four hundred dollars. ginW of same rank etc Note 2. The act of Aug. 5, 1882, 22 Stat. L., p. 284, changing the title of all students at the Academy to naval cadets, gives them the pay cadet midshipmen were then receiving 92 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 3 J v ly i6 5 ' 187 33i ' Wh en n fc a * sea, the same as surgeons and paymasters, Mai! 3, 1871,' as. 5, ; respectively. 6, v. 16, p. 535; Mar. 3, 1873, s. 1, v. 17, p. 555. surgeons, pay- Surgeons, paymasters, and chief engineers who have the masters, and , ' K, " -, . , , ,, , ^ ~, chief engineers. same rank with paymasters, during the first five years after date of commission, when at sea, two thousand eight hun- dred dollars; on shore duty, two thousand four hundred dollars ; on leave, or waiting orders, two thousand dollars ; during the second five years after such date, when at sea, three thousand two hundred dollars; on shore duty, two thousand eight hundred dollars ; on leave, or waiting orders, two thousand four hundred dollars ; during the third five years after such date, when at sea, three thousand five hun- dred dollars; on shore duty, three thousand two hundred dollars ; on leave, or waiting orders, two thousand six hun- dred dollars ; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, four thou- sand two hundred dollars ; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand dollars. passed assist- Passed assistant surgeons, passed assistant paymasters, ant surgeons, - . . ' . .. - % paymasters, and and passed assistant engineers, during the first five years en !uiy e i5!'i87o, s. after date of appointment, when at sea, two thousand dol- 3, v. 16, 'p. solars; on shore duty, one thousand eight hundred dollars; v^p 4 . 1 !? 874 ' 8 ' 1 ' 011 leave, or waiting orders, one thousand five hundred dollars ; after five years from such date, when at sea, two thousand two hundred dollars; on shore duty, two thou- sand dollars; on leave or waiting orders, one thousand seven hundred dollars. geo^ns^ayma^ Assistant surgeons, assistant paymasters, and assistant ters, 'and engi- engineers, during the first five years after date of appoint- ne j n iy 15 1870 8 ment, when at sea, one thousand seven hundred dollars; 3, v. 16, 'p. 330; on shore duty, one thousand four hundred dollars ; on leave, v. e i8,p.rr. 'or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. Assistant surgeons of three years' service, who have been found qualified for promotion by a medical board of exam- ie' 8| 535 71 ' 8 i ners ? * ue P a y f passed assistant surgeons. c " ^ ava l constructors, during the first five years after date of appointment, when on duty, three thousand two hundred dollars; on leave, or waiting orders, two thousand two hundred dollars; during the second five years after such date, when on duty, three thousand four hundred dollars; on leave, or waiting orders, two thousand four hundred dollars; during the third five years after such date, when on duty, three thousand seven hundred dollars; on leave, or waiting orders, two thousand seven hundred dollars; during the fourth five years after such date, when on duty, four thousand dollars; on leave, or waiting orders, three thousand dollars ; after twenty years from such date, when PAY AND ALLOWANCES. 93 on duty, four thousand two hundred dollars ; on leave, or waiting orders, three thousand two hundred dollars. Assistant naval constructors, during the first four years ^ssistantnavai after date of appointment, when on duty, two thousand co juiy U iVi87o, s. dollars; on leave, or waiting orders, one thousand five 3> v - ^ P- 331 - hundred dollars; during the second four years after such date, when on duty, two thousand two hundred dollars ; on leave, or waiting orders, one thousand seven hundred dol- lars; afterlight years from such date, when on duty, two thousand six hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars. Chaplains, during the first five years after date of com- chaplains. mission, when at sea, two thousand five hundred dollars ; 3, V u i6, p'm. ' 8 ' on shore duty, two thousand dollars ; on leave, or waiting orders, one thousand six hundred dollars ; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dol- lars ; on leave, or waiting orders, one thousand nine hundred dollars. Professors of mathematics and civil engineers, during Professors of M- j j n, -i . ,- , ' i mathematics and the first five years after date of appointment, when on civil engineers. duty, two thousand four hundred dollars; on leave, or 3 ^Jf p 5 ^ ' 8- waiting orders, one thousand five hundred dollars; dur- ing the second five years after such date, when on duty, two thousand seven hundred dollars ; on leave, or wait- ing orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thou- sand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dol- lars ; on leave, or waiting orders, two thousand six hun- dred dollars. Boatswains, gunners, carpenters, and^sail- makers, during warrant offi- the first three years after date of appointment, when at ce Boatswains, sea, one thousand two hundred dollars; on shore duty, nine hundred dollars; on leave, or waiting orders, seven Juiyi5,i870,ii hundred dollars; during the second three years after such 3) Vt 18) p< 8b2> date, when at sea, one thousand three hundred dollars ; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars ; during the third three years after such date, when at sea, one thousand four hundred dollars; on shore duty, one thousand three hundred dol- lars; on leave, or waiting orders, nine hundred dollars; during the fourth three years after such date, when at sea, one thousand six hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, one thousand dollars ; after twelve years from such date, when at sea, one thousand eight hundred dollars ; on shore duty, one thousand six hundred dollars ; on leave, or waiting orders, one thousand two hundred dollars. Secretary of the Naval Academy, one thousand eight g ft Jf^ ' *' hundred dollars. First clerks to commandants of navy-yards, one thousand m daVtVTf five hundred dollars. yards and sta- Second clerks to commandants of navy-yards, one thou- sand two hundred dollars. 94 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Clerk to commandant of navy-yard at Mare Island, one thousand eight hundred dollars. Clerks to commandants of naval stations, one thousand five hundred dollars. masters 8 * pay Clerks to paymasters at navy-yards, Boston, New York, Philadelphia, and Washington, one thousand six hundred dollars ; Kittery, Norfolk, and Pensacola, one thousand four hundred dollars; Mare Island, one thousand eight hundred dollars. Clerks to paymasters, at other stations, one thousand three hundred dollars. Clerks to paymasters of receiving- ships at Boston, New York, and Philadelphia, one thousand six hundred dollars; at Mare Island, one thousand eight hundred dollars; of other receiving- ships, one thousand three hundred dollars. Clerks to paymasters on vessels of the first rate, one thousand three hundred dollars; on vessels of the second rate, one thousand one hundred dollars ; on vessels of the third rate, and supply- vessels and store-ships, one thousand dollars. Clerks to fleet paymasters, one thousand one hundred dollars. Clerks to paymasters at the Naval Academy and Naval Asylum, one thousand three hundred dollars. specters 8 * '"" Clerks to inspectors in charge of provisions and clothing, July 15, 1870, s. at navy-yards, Boston, New York, Philadelphia, and Wasli- 3, v. 16, p. 332. i n gton, one thousand six hundred dollars; to inspectors in like charge at other inspections, one thousand three hun- dred dollars. w S en re aUoweX' SEO ' 2a Tnat ^ ereafter no officer of the Navy shall be em- and how ordered', ployed on any shore duty, except in cases specially provided by law, unless the Secretary of the Navy shall determine that the employment of an officer on such duty is required by the public interests, and he shall so state in the order of employment, and also the duration of such service, be. yond which time it shall not continue. July 19, 1*92. And the provisions of section two of the naval appro- 27 stat. L. 236. priation act approved March third, eighteen hundred and 189^-5, p K 4o. S ' ' eighty- three, shall be so modified that hereafter orders of Shore duty or- the Secretary of the Navy employ ing officers on shore duty state duration. shall state that such employment is required by the public Mar S 3 M ^sss^ch' i Q ^ eres ts, but need not state the duration of such service. 97,8.2(isupp'.n.j SEC. 1557. Officers on furlough shall receive only one- S 'F^iou g h pay . half of the pay to which they would have been entitled if Mar. 3, 1835, V. on leave of absence. 1, v. 4, p. 756; Mar. 3, 1845, 8. 6, v. 5, p. 794 ; June 1, 1860, 8. 4, v. 12, p. 27. See sec. 1593. NO additional SEC. 1558. The pay prescribed in the two preceding sec- cept wa a8 Ce8 herefations shall be the full and entire compensation of the sev- specifiejL ^^ ^ era j officers therein named, and no additional allowance shall 4, v. y ie, 'p. 332. be made in favor of any of said officers on any account what- see sec. 4688. ever, except as hereinafter provided. Z?,i u n * e e r SEC. 1559. When a volunteer naval service is authorized by law, the officers therein shall be entitled to receive the PAY AND ALLOWANCES. 95 same pay as officers of the same grades, respectively, in Jul y 1 Q > 1862 ' the Regular Navy. SEC. 1500. The pay of an officer of the Navy, upon his m ^ m $ en p ^- original entry into the service, except where he is required original entry/ ' to give an official bond, shall commence upon the date of^^ie.^m ' 8 ' his acceptance of his appointment; but where he is required to give such bond his pay shall commence upon the date of the approval of his bond by the proper authority. SEC. 1561. When an officer is promoted in course to fill a com men ce- , . . ., f, ., , , . , , ment of pay of vacancy, and is in the performance of the duties of the promo ted offi- higher grade from the date he is to take rank, he may be 06 ^^ 1870 8 allowed the increased pay from such date. 7, v. ie, ' P . 333! June 5, 1872, s. 1, v. 17, p. 226. See June 22, 1874. That on and after the passage of this act, any officer of June 22 > l *- the Navy who may be promoted in course to fill a vacancy Comm en co- in the next higher grade shall be entitled to the pay of the p r e motion pay n grade to which promoted from the date he takes rank therein, June 22, 1374, if it be subsequent to the vacancy he is appointed to note u'nd^r o 6 fill * * * motion. The act of June 22, 1874, here given, doubtless takes the place of sec. 1561. SEC. 1562. If an officer of a class subject to examination in case of de- before promotion shall be absent on duty, and by reason of JjJJ? examina- such absence, or of other cause not involving fault on his July is, 1870, s . part, shall not be examined at the time required by law or s'eJ June 2% 1874! regulation, and shall afterward be examined and found qualified, the increased rate of pay to which his promotion would entitle him shall commence from the date when he would have been entitled to it had he been examined and found qualified at the time so required by law or regula- tion ; and this rule shall apply to any cases of this descrip- tion which may have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank. SEC. 1564. Any person performing the duties of paymas- Title is, chap. 8. ter, acting assistant paymaster, or assistant paymaster, in a Person acting ship at sea, or on a foreign station, or on the Pacific coast of ^ h ^o^vt the United States, by appointment of the senior officer pres- cant n in ship V at ent, in case of vacancy of such office, in accordance with the 8e j u i y ]7) i 86 i, 8 . provisions of section thirteen hundred and eighty-one, and *, v. 12, ' P . 2k' not otherwise, shall be entitled to receive the pay of such der Pay Corp" grade while so acting. see sec. issi, under Pay Corps. SEC. 1565. The pay of chiefs of Bureaus in the Navy Chief8 of Bu Department shall be the highest pay of the grade to which r Mar. 3, 1371, s. they belong, but not below that of commodore. i2,v.i6, P .537. SEC. 1567. Officers who are ordered to take charge of J^j^*Jf naval stores for foreign squadrons, in the place of naval on foreign sta- storekeepers, shall be entitled to receive, while so employed, "jSien, 1844> 8 . the shore-duty pay of their grades ; and when the same is 1, v. 5, p. 700. less than fifteen hundred dollars a year, they may be allowed 96 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. compensation, including such shore-duty pay, at a rate not exceeding fifteen hundred dollars a year. civilians store- g ECp 1508. Civilians appointed as storekeepers on foreign keepers 011 for- ,,,,, , eign stations, stations shall receive compensation for such services, at a i y e 5 17 ' P 184 7oo : ra te 11Q t exceeding fifteen hundred dollars a year. Mar! 3, 1847, s. 3,' v. 9, p. 172. ^Pay of enlisted g EC . 1569. The pay to be allowed to petty officers, except- m A-pr.i8, 1814,8. ing mates and the pay and bounty upon enlistment of sea- l lV mf's l l 6 ^9 a p men ? ordinary seamen, firemen, and coal-heavers, in the 173; j'uiy i,i864,' naval service, shall be fixed by the President: Provided, Mark's l is&, s. 4 l, ! That the whole sum be given for the whole pay aforesaid, v.i3, P ]539. ' and for the pay of officers, and for the said bounties upon enlistments shall not exceed, for any one year, the amount which may, in such year, be appropriated for such purposes. fof d 2JS p as SEC - 1570< Ever y seaman, ordinary seaman, or landsman firemen aud coal- who performs the duty of a fireman or coal-heaver on board he Mar ra i, 1869, s. f an y vessel of war shall be entitled to receive, in addition 2, v. 15, p.' 280. ' to his compensation as seaman, ordinary seaman, or lands- man, a compensation at the rate of thirty-three cents a day for the time he is employed as fireman or coal-heaver. en ^ EC ' 1572. All petty officers and persons of inferior '" ratings who are detained beyond the terms of service, . ccor( li 11 S' to the provisions of section fourteen hundred ^ sec. 1422, and twenty -two, or who, after the termination of their service, voluntarily re-enter, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regular discharge therefrom, shall, for the time during which they are so detained or so serve beyond their origi- nal terms of service, receive an addition of one-fourth of their former pay. Bounty pay for g EC j 1573. if an y seaman, ordinary seaman, landsman, reenlisting. ,, rf 7 .. , * i-iT-i -i Mar. 2, 1855, 8 . fireman, coal-heaver, or boy, being honorably discharged, June? 1 1864' v 6 i3 ;s ^ a ^ re-enlist for three years, within three months there- P. 120. ' ' after, he shall, on presenting his honorable discharge, or on accounting in a satisfactory manner for its loss, be entitled to pay, during the said three months, equal to that to which he would have been entitled if he had been employed in actual service. June 11, 1896. That the benefits of honorable discharge as conferred by 29 stat.L., 476. section fourteen hundred and twenty-six of the Kevised VOL!? p". 5&L S " Statutes, and of three months 7 pay upon reenlistment after honorable discharge as conferred by section fifteen hun- - dred and seventy-three upon seamen, ordinary seamen, l ail d smen > firemen, coal heavers and boys, be, and the same enlisted men. are hereby, extended and made applicable to all enlisted 1573'. S<1 ^ 142 ' persons in the Navy. Paymasters' And all accounts of paymasters who have made pay- ment8 nt so f0 mSfe m ents to enlisted men, not of the classes named in sec- to be allowed, tions fourteen hundred and twenty-six and fifteen hundred and seventy-three, Eevised Statutes, as if they had been included in the provisions of said sections, shall be allowed and passed by the accounting officers of the Treasury as if they had beeii included in said sections. PAY AND ALLOWANCES. 97 SEC. 1574. When the crew of any vessel of the United c r e w s of States are separated from such vessel, by means of her^Seis wreck, loss, or destruction, the pay and emoluments of such j/" 1 ^ 17 ' Jos 2 ' 8 ' of the officers and men as shall appear to the Secretary of ' the Navy, by the sentence of a court-martial or court of inquiry, or by other satisfactory evidence, to have done their utmost to preserve her, and, after said wreck, loss, or destruction, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. SEC. 1575. The pay and emoluments of the officers and Crews of ves- men of any vessel of the United States taken by an enemy enemy ken by an who shall appear, by the sentence of a court martial or Idem - otherwise, to have done their utmost to preserve and defend their vessel, and, after the taking thereof, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. SEC. 1576. Every assignment of wages due to persons Assignments of enlisted in the naval service, and all powers of attorney, or 'TtSeao.iwM. other authority to draw, receipt for, or transfer the same, 12> v - 13 P- 31 - shall be void, unless attested by the commanding officer and paymaster. The assignment of wages must specify the precise time when they commence. SEC. 1588. The pay of all officers of the Navy who have Pay of retired been retired after forty-five years' service after reaching ofl j c u T y 8 i5, 1870| 8 . the age of sixteen years, or who have been or may be 5 - v - 16 . P- 333 1 retired after forty years' service, upon their own a.pplica- v. 17, p. 555!' 8 ' *' tion to the President, or on attaining the age of sixty-two^ 66 ,^ 1 ^^" years, or on account of incapacity resulting from long andmTnt." Th/it faithful service, from wounds or injuries received in the J^Sror. clearly line of duty, or from sickness or exposure therein, shall, See under sec. when not on active duty, be equal to seventy-five percent. E centum of the sea-pay provided by this chapter for the grade or rank which they held, respectively, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, be equal to one- half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retire- ment. SEC. 1589. Bear-admirals on the retired list of the Navy, re JJJ' adniiral8> who were retired as captains when the highest grade in the ie June 5, 1372, s. Navy was captain, at the age of sixty- two years, or after forty-five years' service, and who, after their retirement, v.n'.p! 555'.' were promoted to the grade of rear-admiral, and performed the duties of that grade in time of war, shall be considered as having been retired as rear-admirals. SEC. 1590. Officers who have been retired as third assist- , ,, , . . -.engineers, re- ant engineers shall continue to receive pay at the rate of tired. Grade four hundred dollars a year. S,1S d July Mar. 3, 1859, s. 2, v. 11, p. 407; Aug. 3, 1861, s. 22, v. 12, p. 290; July 16, 1862, si 20, v. 12, p. 587 ; Apr. 12, 1864, s. 7, v. 13, p. 54 ; July 15, 1870, s. 5, v. 16, p. 333. 98 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. creased "b* *>' EC. 1591. No officer, heretofore or hereafter promoted motion. upon the retired list, shall, in consequence of such promo- 5 J \ ulj i5 15 'p 87 333- ti n > be entitled to any increase of pay. Mar. 2, 1867, s. 9, v. 14, p. 517. diJt ay n active ^ E0 * 1^92. Officers on the retired list, when on active Vor. 2, 1867, s. duty, shall receive the full pay of their respective grades. 9, v. 14, p. 517; June 1, I860, s. 5, v 12 D 27 'officers 'retired SEC. 1593. Officers placed on the retired list, on furlough ^Mar^fsa?,*!' pay, shall receive only one-half of the pay to which they l - , v - *'Pk 75 ? ; would have been entitled if on leave of absence on the .rel). O, loOO, S. 6, .. i . , v. 10, p. 616; Jan. active list. 16, 1857, s. l,v. 11, p. 154; Aug. 3, 1861, s. 23, v. 12, p. 291; July 28, 1866, s. 2, v. 14, p. 345; Jan. 30, 1875, v. 18, p. 504. See sec. 1594, Fur- lough. Title 56. SEC. 4688. The Secretary of the Treasury may make such Allowance ibr allowances to the officers and men of the Army and Navy, 8U junei2 C i858 s wn ^ e employed on Coast Survey service, for subsistence, in i,v U n%.3i9. ' ' addition to their compensation, as he may deem necessary, see note 3. no ^. exceeding the sum authorized by the Treasury regula- tion of the eleventh day of May, eighteen hundred and forty-four. FURLOUGH AND FURLOUGH PAY. Sec. 1442. Placing on furlough. 1557. Furlough pay. Sec. 1594. Transfer from furlough to retired pay. Title is, chap. 2. SEC. 1442. The Secretary of the Navy shall have author- Placing on fur- ity to place on furlough any officer on the active list of the lough. SeeArti-7^ avv cles for Govern- a dtV J' men t of the Navy, Miscellaneous Provisions, sec. 1442. Mar. 3, 1835 s. 1, v. 4, p. 756; Mar. 3,1845, s. 6, v. 5, p. 794; Feh. 28, 1855, s. 3, v. 10, p. 617 ; June 1,1860, 8. 4,v. 12, p. 27. See note 2. Title is, chap. 8. SEC. 1557. Officers on furlough shall receive only one- y. half of the pay to which they would have been entitled if on leave of absence. 3,' 1845, 8.6,v.5,p'. 794; June 1,1860, s. 4, v. 12, p. 27. SEC - 1594< The President, by and with the advice and ired pay. consent of the Senate, may transfer any officer on the re- 3 J v! n ii 6> p 85 i54 8 ; tired list from the furlough to the retired-pay list, July 16, ' 1862, a. 20, v. 12, p. 587. See note 1. Note 1. When an officer is transferred, as authorized by this section, the causes for his retirement determine the rate of l>is pay under section 1588. An officer retired on furlough pay from causes not incident to the service can not bo transferred to the 75 per cent pay list. If so transferred by nomination and continuation, it would not be the duty of the accounting officer to pay him 75 per cent of sea pay. (Oi.. XVI. p.23,Deven8,May29,1878.) Note 2. An act approved January 30, 1875, v. 18, p. 304, allows difference of pay to certain officers, or tneir heirs, who were furloughed under the act of February 28, 1855, and subsequently restored to the active list. NoteS. Additional allowances for subsistence may be legally made to officers of the Army or Navy while employed on Coast Survey service. The word " pay " in sec- tion 4684, Coast Survey, Division III, refers to the pay proper of an officer. (Op., XV, p. 283, Devens, May 23, 1877.) EXTRA PAY, EXTRA SALARIES, ETC. 99 EXTKA PAY, EXTRA SALARIES, ETC. Sec. 170. To clerks prohibited. 1763. Double salaries. 1704.. Extra services. 170"). Extra allowances. 2687. Apportionment of salaries. Sec. 3654. Extra compensation for disburse- ments. Extra pay Mexican war. Extra compen- sation to civil olhcers forbidden. SEC. 170. No money shall be paid to any clerk employed Titl * iii either Department at aii annual salary, as compensation Extra compen- for extra services, unless expressly authorized by law. proh?bited. clerk8 June 17, 1844, s. 1, v. 5, pp. 681, 687; Mar. 3,1863, s. 3, v. 10, pp. 209, 211 ; Feb. 28, 1867, res. 30, s. 2, v. 14, p. 569. See same sec., Civil Ser- vice, Division II. Title 19 - SEC. 1763. No person who holds an office, the salary or annual compensation attached to which amounts to the sum Double salaries. of two thousand five hundred dollars, shall receive com- ^"fofp .ioo 2 ' 8 ' pensation for discharging the duties of any other office, See June '20, unless expressly authorized by law. No person who holds an office the salary or annual com- July si, 1894. pensation attached to which amounts to the sum of two 28Stat.L.,i62. thousand five hundred dollars shall be appointed to or hold ^gjfojig P i ^ 2 * any other office to which compensation is attached unless offices by persons specially heretofore or hereafter specially authorized thereto forbidden. ' C hv law R.S., sees. 1763- Uy ldW ? 1765. June 20, 1874, ch. 328, s. 3 lSupp.E.S.,18. but this shall not apply to retired officers of the Army JS^SfifSS or Navy whenever they may be elected to public office or tain cases. whenever the President shall appoint them to office by and msfissT'Mar! with the advice and consent of the Senate. J- ch '- -I 38 - 8 - ^ l Supp. K. o., 481. See notes 1 and 2. SEC. 1764. No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties 12, v. 5, p. 525. 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. 1765. No officer in any branch of the public service, an ^J 8 tra allow ' or any other person whose salary, pay, or emoluments are Mar. 3, 1839, s fixed by law or regulations, shall receive any additional Aug. 23' i842,s? 2 pay, extra allowance, or compensation, in any form what- v ' ever, for the disbursement of public money, or for any Note 1. As to officers of the Army on the retired list holding other offices, see K. S., sec. 1223, 1875, Mar. 3, ch. 178 (1 Supp. E. S., 96) ; 1883, Mar. 3, ch. 134 (1 Supp. K. S., 412) ; 1891, Mar. 3. ch. 540, par. 3 (1 Supp. K. S., 925). Note 2. The act of July 31, 1894, was construed by the Attorney- General in an opinion rendered March 23, 1897, in which he held that the employment of a com- petent mathematician, who at the same time was a retired officer of the Navy, was not precluded by the act cited. Note 3. An officer who has been appointed to and is fully invested with two dis- tinctoffices may receive the compensation appropriated for each. Sections 1763, 1764, 17(55 not apply to such a case. It is for the appointing power to determine whether the party can properly and fully perform the duties of the two offices. (Op., XVI, 7, May 9, 1878. See also Op,, XII, 459, on this subject ; also under " Executive Depart- ments," Diviaioa III.) 100 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. other service or duty whatever, unless the same is author- ized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or com- pensation. Title 34, chap.2. g EC> 2687. Collectors and all other officers of the customs, Apportionment serving for a less period than a year, shall not be paid for for^rT^a the entire year, but shall be allowed in no case a greater year's service^. than a pro rata of the maximum compensation of such offi- i, v.,p. SjJuly cers respectively for the time only which they actually serve M 18 i86 8 ' 34 ' T ' as SUC ^ c U ec t rs or officers, whether the same be under one or more appointments, or before or after confirmation. And no collector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeit- ures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. And this sec- tion shall be applied and enforced in regard to all officers, agents, and employe's of the United States whomsoever, as well those whose compensation is determined by a commis- sion on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise. Title 40 - SEC. 3654. No extra compensation exceeding one-eighth Extra compen- of one per centum shall in any case be allowed or paid to bura(Mne f nt8. dl8 anv officer, person, or corporation for disbursing moneys Mar. 3, 1869, v. appropriated to the construction of any public building. 15, p. 312. SGC Mar. 3, 1875. Mar. 3, 1875. The provisions of the act of March 3, 1869 [sec. 3654], were Mar. 3, 1875, v. intended and shall be deemed and held to limit the compen- is, p. 415. sation to be allowed to any disbursing officer who disburses moneys appropriated for and expended in the construction of any public building as aforesaid to three-eighths of one per centum for said services. jane go, 1874. That no civil officer of the Government shall hereafter Extra compen- receive any compensation or perquisites, directly or indi- roh!b. rectly, from the treasury or property of the United States it j&neo 1874 s beyond his salary or compensation allowed by law: Pro- I.T.'UJMJS. see vided, That this shallnotbe construed to prevent the einploy- den^ii 'clse^ind men * an( l payment of the Department of Justice of district xv, p. 22. ' atorney s as now allowed by law for the performance of serv- i ces no ^ covered by their salaries or fees. men.] Extra ^pay. An act approved February 19, 1879, chap. 90, v. 20, p. 316, provides for three months' extra pay (removing limita- tions contained in the act of July 19, 1848) to those who served in the Army, Navy, Marine Corps, and Revenue Marine in the war with Mexico. TRAVELING EXPENSES. Sec. Act June 16, 1874. Actual expenses. Act June 30, 1876. Mileage. 1566. Allowance in foreign countries. Sec. Act Jan. 18, 1875. Approval of Secretary required. 850. Clerks, etc., sent on as witnesses. Traveling expenses of naval cadets. June IB, 1874. Only actual traveling expenses shall be allowed to any Traveling ex- person holding employment or appointment under the United States, and all allowances for mileages and trans- TRAVELING EXPENSES OF OFFICERS. 101 portation in excess of the amount actually paid are hereby 1 J 6 1 rsee declared illegal; and no credit shaH be allowed to any of Junes{i876.] the disbursing officers of the United States for payment See note 1 * or allowances in violation of this provision. * ' So much of the act of June 16, 1874 [.nipra], ic> 9^> i&applica- N\ne30, 1876. ble to officers of the Navy so engaged, is hereby repealed : Mileage to offl- u And the sum of eight cents per mile shall be ?Ji1 p- and a professional examination before a board of professors Qualifications. of mathematics in the Navy, to be convened for that pur- 21 p^n.' 1881 ' v> pose by the Secretary of the Navy, and received a favor- able report from said boards. That the proper pay officer of the Navy be, and is hereby, S PP- R - s.,voi. authorized to pay the professors at the Naval Academy, ' fcy of profes- whose compensation was affected by the Act making appro- ^dem priations for the naval service for the fiscal year ending Mar.^fisos, ch. June thirtieth, eighteen hundred and ninety-six, approved H^ 28 stat< L " March second, eighteen hundred and ninety- five, at the rate of compensation fixed by that Act from July first, eighteen hundred and ninety- six. * * PROMOTION OR ADVANCEMENT IN THE NAVY. GENERAL PROVISIONS. Sec. | Sec. 1407. Promotion of seamen. 1503. No officer to be rejected without 1447. Retirement on not passing both examination. boards. 1458. Promotion to vacancies bj r retire- ment. Rule of promotion, line and staff. 1493. Physical e^ animation. 1494. Physical disqualification by wounds. 1495. Examinations, when, and effect of. 149G. Examination of professional fitness. 1497. Promotion to roar-admiral in time of peace. 1498. Examining board. 1499. Powers of. Restriction on examination. 1500. Officer may be present, etc. 1501. Record. ' 1502. Revision by the President. 1504. Report of recommendation. 1505. Failing m examination. Failing in moral examination. 150C. Advancement in number. 1507. Promotion when grade is full. 1508. Officers receiving thanks of Con- 1509. Effect of vote of thanks. 1510. Vacancies occasioned by death, etc., of officers thanked. 1560. Commencement of pay, original entry. 1561. Commencement of pay of promoted officers. Commencement of pay on promo- tion. 1562. Pay in delayed examinations. SEC. 1407. Seamen distinguishing themselves in battle, Ti u<> 15, chap. i. or by extraordinary heroism in the line of their profession, Promotion of- may be promoted to forward warrant officers, upon the^ ra ^ c *J 8 war ' recommendation of their commanding officer, approved by 'May 17,1864, s. the flag-officer and Secretary of the Navy. And upon such 3) s^ 3 ' ?i sec . recommendation they shall receive a gratuity of one hun- Title" seamen in dred dollars and a medal of honor, to be prepared under the direction of the Navy Department. SEC. 1447. When the case of any officer has been acted Title 16 > <***> 3 - upon by a board of naval surgeons and an examining board officers rejected for promotion, as provided in Chapter Four of this Title, and he shall not have been recommended for promotion by 4 > v13 - both of the said boards, he shall be placed upon the retired list. also act Aug. 5, SEC. 1458. The next officer in rank shall be promoted to the place of a retired officer, according to the established by rules of the service, and the same rule of promotion shall 22 A " g i|; p 86 2 91 s : be applied successively to the vacancies consequent upon Dec. 21, i862,sX the retirement of an officer. Ictfo?io^g. See Note 1. The President has power to review the action and finding of a board of naval surgeons constituted under the fourth section of the act of April 21, 1864. Both examinations must precede a promotion, and the finding as to both must be approved by the President. (Op., XII. 347, Dec. 30, 1867, Stanberry.) 104 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title is, chap. 4. SEC. 1493. No officer shall be promoted to a higher grade Physical exam- on the active list of the Navy, except in the case provided in AJ) r"'2i, 1864, * n tli e next section, until he has been examined by aboard s.4, v. i3,'p. 53- of naval surgeons and pronounced physically qualified to i'v y u?p l u: 8 ' perform all his duties at sea. 'see note 2. That on and after the passage of this act, any officer of June 22, 1874. the Navy who may be promoted in course to fill a vacancy is stat. L., i9i. in. the'next higher grade shall be entitled to the pay of the 37 Supp - R * S-i p> grade to which promoted from the date he takes rank kavy officers therein, if it be subsequent to the vacancy he is appointed promoted, to have +~, ^.11 pay of grade from tO mi date of rank. R.S.,socs.l493- 1510. 19 C. Cls., 623; 116 U.S., 396. 17 Opins., 393. Physical dis- SEC. 1494. The provisions of the preceding section shall wounds atl y not exclude from the promotion to which he would other- idem. w i se b e regularly entitled any officer in whose case such medical board may report that his physical disqualification was occasioned by wounds received in the line of his duty, and that such wounds do not incapacitate him for other duties in the grade to which he shall be promoted. ^Examinations, SEC. 1495. Officers subject to examination before promo- w ei ict tion to a grade limited in number by law shall not be en- i v 1 !?' 3| 65 8 5 73 ' 8 ' titled to examination in such a sense as to give increase of pay until designated by the Secretary of the Navy to fill vacancies in the higher grade; and officers eligible for pro- motion to a grade not limited in number shall not be en- titled to examination until ordered to present themselves for examination or until a class, in which they are included, has been so ordered by the Secretary of the Navy. [See sees. 15G1 and 1102.] Examination SEC. 1496. No line officer below the grade of commodore, of professional , /> j_i T ini L-IJ.I-I fitness. and no officer not of the line, shall be promoted to a higher 1, 13' p!^ 64 ' s g ra( le on the active list of the Navy until his mental, moral, and professional fitness to perform all his duties at sea have been established to the satisfaction of a board of ex- amining officers appointed by the President. Promotion to SEC. 1497. In time of peace no person shall be promoted rear-admiral in- j/i i ../ j J^T i /? j i time of peace, from the list of commodores to the grade of rear-admiral, 7 J ^i2 6 ' 186 584 ' on t ne active list, until his mental, moral, and professional Apr". 21, 1864, v! fitness to perform all his duties at sea has been established is, P . 53 ag provided in the preceding section. board* mining SEC. 1498. Such examining board shall consist of not Apr. 21, 1864, K. less than three officers, senior in rank to the officer to be 2. v. 13, p. 53. examined. Powers of. SEC. 1499. Said board shall have power to take testimony 5 j'u ne i S 8 e an( ^ to examine all matter on the files and records of the ' Navy Department relating to any officer whose case may be considered by them. The witnesses, when present, shall be sworn by the president of the board. Note 2. The acceptance of a promotion in the Navy is not necessary to consum- mate the appointment of an officer to a higher jrradc. [Case of an officer who died before the appointment promoting him was received, and the accounting officers objected to crediting him with the pay of a higher grade. ] (Op., XII, 229, Stanberry, Aug. 1, 1867.) PROMOTION OR ADVANCEMENT IN THE NAVY. 105 SEC. 1500. Any officer whose case is to be acted upon by Title 15, chap. 4. such examining board shall have the right to be present, if "officer may be he so desires, and to submit a statement of his case on oath. Apr. 21, 1864, a. 3, v. 13, p. 53. SEC. 1501. The statement of such officer, if made, and Record. the testimony of the witnesses and his examination shall Idem - be recorded. SEC. 1502. Any matter on the files and records of the Revision by the Navy Department, touching each case, which may, in the p denj nt ' opinion of the board, be necessary to assist them in mak- ing up their judgment, shall, together with the whole record and finding, be presented to the President for his approval or disapproval of the finding. SEC. 1503. No officer shall be rejected until after such NO officer to be public examination of himself and of the records of the examtoatl>n hout Navy Department in his case, unless he fails, after having idem. been duly notified, to appear before said board. SEC. 1504. Such examining board shall report their Report of rec- recommendation of any officer for promotion in the follow- ufy w*i862 8 ing form: " We hereby certify that -- has the 4, v. 12, 'p. skj mental, moral, and professional qualifications to perform ^3'^.' 53^ juiy efficiently all the duties, both at sea and on shore, of the 2 ^ 3 ^6, s. i, v. u, grade to which he is to be promoted, and recommend him p for promotion." SEC. 1505. Any officer of the Navy on the active list below Failing in ox- the grade of commander, who, upon examination for pro- an jui a ^i^i87o, B . motion, is not found professionally qualified, shall be sus- 8 - v - i' 6 ' p-' 333 - ' pended from promotion for one year, with corresponding see n sec. 6 ' 1447 loss of date when he shall be re-examined, and in case of^ act Au s- 5 ' his failure upon such re-examination he shall be dropped from the service. That hereafter in the examination of officers in the Navy June is, 1878. for promotion no fact which occurred prior to the last exami- 20 stat. L., les. nation of the candidate whereby he was promoted, which 19 f^ pp> K * S>1 p- has been enquired into and decided upon, shall be again in promotions, enquired into, but such previous examination, if approved, t at p?evio1i e 8 ci ox d shall be conclusive, unless such fact continuing shows the animation not to unfitness of the officer to perform all his duties at sea. ^Tsecs illl 1504. 18 C. Cls., 604. 24 C. Cls'., 442. Note 5. An officer was under an examination for promotion (sees. 1493 to 1505), and the examination was temporarily suspended and the officer granted permission to go home and be absent until notified to appear. He failed to receive the notice; the examination was resumed and concluded, the proceedings approved, and the officer retired. The vacancy not having been tilled, and the rights of no other person hav- ing intervened: Held, That the action of the President could be revoked and the officer allowed a rehearing. (Op., XVI, 20, May 29, 1878, Tracy's Case.) Note 6. "Shall be suspended from promotion for one year, with corresponding loss of date," does not mean that the loss of date is to be contemporaneous with the term of suspension, but only that it shall agree therewith in point of duration. When an officer is so suspended, the loss of a year is to be reckoned from the occurrence of the vacancy, the date from which he would have taken rank had he been qualified ; and the year of suspension from the approval of the President of the finding of the examining boards. While under suspension is ineligible to promotion, and no vacancy is to be kept open for him. The officers eligible during that period are entitled to fill the vacancies. The loss of date being one year, if found qualified, on a second examination, to fill a vacancy occurring after the period of suspension, he will be entitled, on promotion thereto, to take rank one year from the date of the vacancv which he would have originally filled. Will not be entitled to the pay of the higher grade from the ranking date in his commission. (Op., XVI, 587, Dec. 10, 1880. Published in Gen. Order 262.) 106 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ^8, 1878, g E c. 2. The President of the United States may, in any cases wherein the rule herein prescribed has been violated, order and direct the reexamination of the same. Aug. 6, 1882. Whenever on an inquiry had pursuant to law, concerning Failure for mis- the fitness of an officer of the Navy for promotion, it shall conduct. ^ ^^^ appear that such officer is unfit to perform at sea the duties Seeliote'?. ' of the place to which it is proposed to promote him, by reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and heard upon the charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year's pay. Title is, chap. 4. g EC> i^^ ^uy officer of the Navy may, by and with the Advancement advice and consent of the Senate, be advanced, not exceed - m Ap2i er i864,v.i n g thirty numbers in rank, for eminent and conspicuous 6,8.i3,p.54 ; Jan. conduct in battle or extraordinary heroism; and the rank p 4 ' 424^' June' !?,' of officers shall not be changed except in accordance icitli tlie P rov ^ ons f existing law, and by and with the advice and consent of the Senate. SEC. 1507. Any officer who is nominated to a higher gr jan. 1 24, u i865, s. grade by the provisions of the preceding section, shall be 2, v. is, p. 424. promoted, notwithstanding the number of said grade may be full; but no further promotions shall take place in that grade, except for like cause, until the number is reduced to that provided by law. ^ EC * 1^08. Any line officer, whether of volunteers or of the regular Navy, may be advanced one grade, if, upon 9 J ?! y i2 6 'p 86 584- recommendation of the President by name, he receives the j'an. 24, 1865, s. 2,' thanks of Congress for highly distinguished conduct in &&**?i,v*il w>uftict with the enemy or for extraordinary heroism in the p-222. ' line of his profession. Effect of vote SEC. 1509. A vote of thanks by Congress to any officer July i? 1870, of the Navy shall be held to aifect such officer only ; and res., s. i, V. 16, p'. whenever, as an incident thereof, an officer who would otherwise be retired is retained on the active list, such re- tention shall not interfere with the regular promotion of others who would otherwise have been entitled by law to promotion. ion^b^death SEC. 161.0. No promotion shall be made to fill a vacancy etc*, of Officers! occasioned by the final retirement, death, resignation, or th idem d ' dismissal of an officer who has received a vote of thanks, Note 7. " One year's pay " has been held by the accounting olficers to mean one year's "leave" pay. Note 8. Congress leaves to the discretion of the President the determination of what nets of heroism should be recommended to the Senate for reward, and in pro- viding that the Senate must advise and consent to the advancement has indicated the only forum which may inquire into the wisdom with which that discretion lias been exorcised. It is not within the power of a Secretary of the Navy to inquire into the acts of heroism which induced his predecessor and the President to make an advancement. Their action is conclusive on the executive department. (Op. Apr. 23, 1881, MacVeagh. Stevenson's Case.) By advancement under section 1500 an ensign was promoted to master March 3, 1879, to take rank from November 27, 1877. Not having been "promoted in course to fill a vacancy," not entitled to the pay of the higher grade, under section 1561 of the Revised Statutes, from the date he takes rank, but I'rom the date of his appointment. (Op. Mar. 29, 1882, Brewster. Young's Case.) The advancement of an officer under section 1506, when the advancement is con- fined to the same grade in which he already holds a commission, confers upon him no right to an increase of compensation over that which he is in receipt of in virtue of that commission. (Op., XI V, 547, Mar. 18, 1875. Billings's Case.) PROMOTION OR ADVANCEMENT IN THE NAVY. 107 unless the number of officers left in the grade where the vacancy occurs shall be less than the number authorized by law. SEC. 1560. The pay of an officer of the Navy, upon his Title XY,cha P .8. original entry into the service, except where he is required Commencement to give an official bond, shall commence upon the date of e ntr v y ' original his acceptance of his appointment; but where he is re- July 15, mo, s. quired to give such bond his pay shall commence upon the 7 ' v ' 16 ' p ' 333> date of the approval of his bond by the proper authority. SEC. 1561. When an officer is promoted in course to ft a vacancy, and is in the performance of the duties of the cd officers. higher grade from the date he is to take rank, he may be 7i j ". ly i6, 5 'p. 87 333; allowed the increased pay from such date. June 5 - jgi s 1,' v. 17, p. 226. See following act and note. That on and after the passage of this act, any officer of June22 > 18 ? 4 - the N avy who may be promoted in course to fill a vacancy Commencement in the next higher grade shall be entitled to the pay of # ay on pro the grade to which promoted from the date he takes rank 1 Jum> 22^1874,8. therein, if it be subsequent to the vacancy he is appointed ' see nSte 9. to till. SEC. 1562. If an officer of a class subject to examination Title xv,chap.s. before promotion shall be absent on duty, and by reason of in cases of de- such absence, or of other cause not involving fault on his J?*^ oxamina- part, shall not be examined at the time required by law or * jSy is, mo, s. regulation, and shall afterward be examined and found 7 'seeac p tju 3 i y 22, qualified, the increased rate of pay to which his promotion 1*74, and note! would entitle him shall commence from the date when he an would have been entitled to it had he been examined and found qualified at the time so required by law or regula- tion ; and this rule shall apply to any cases of this descrip- tion which may have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank. Note 9. Previous to the act of July 15, 1870, chapter 295, the increased pay of a promoted officer commenced from the date of the signing of his appointment toper- form the duties of the higher grade, if before the date of his commission, or from the date of his commission if no appointment was previously given. The seventh section of that act provided that it should commence from the date of rank as stated in his commission. The act of June 5, 1872, substantially section 1561, provided that the promotion must have been in course to fill a vacancy, and the officer must have been in the performance of the duties of the higher grade from the date he takes rank. Under the act of June 22, 1874, which now regulates it, the promotion must have been in "course to fill a vacancy" to entitle an officer to the pay of the higher grade from the date he takes rank therein, which date must be subsequent to the vacancy he is appointed to fill. 108 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. RANK AND PRECEDENCE. Sec. 1481. Staff officers retired, length of service. 1482. Staff officers retired, incident to service. 1483. Graduates at Naval Academy.. 1484. Engineer graduates. 1485. Precedence by length of service. 1486. Length of service, how estimated. 1487. Quarters. 1488. Military command. 1489. Processions, boards, etc. 1490. Ensigns. 1491. Warrant officers. 1492. Officers of revenue marine. 1506. Advanced in rank ; rank not to be changed, except, etc. 1521. Cadet midshipmen promoted. 1601. Commandant, Marine Corps. 1602. Staff officers, Marine Corps. 1603. Rank of Marine Corps with the Army. Rank of Judge - Advocate - General of the Navy. c. 1372. When any assistant surgeon was absent from case of* delayed the United States, on duty, at the time when others of his 6X Sr n 3 ti r8 I 35 s. date were examined, he shall, if not rejected at a subse- i, v. 4, p. 757. ' ' quent examination, be entitled to the same rank with them ; and if, from any cause, his relative rank cannot be assigned to him, he shall retain his original position on the register. Title is, chap. 4. g EC< 1466. The relative rank between officers of the N a vy, Relative rank whether on the active or retired list, and officers of the army ors &nd Army, shall be as follows, lineal rank only being considered : July 16, 1862, s. The Vice- Admiral shall rank with the Lieutenant- Gen- 13 ' T - 12 '"- 685 1 ;eral. Sec. 1372. Of assistant surgeons delayed in examination. 1466. Relative rank of navy and army officers. 1467. Rank according to date. 1468. Commanding officers of vessels and stations. 1469. Aid or executive officer. 1470. Staff officers, when to communicate directly with commanding offi- cers. 1471. Chiefs of bureaus. 1472. Chief of bureau, below rank of commodore. 1473. Chief of bureau, retired. 1474. Medical Corps. 1475. Pay Corps. 1476. Engineer Corps. 1477. Naval constructors. 1478. Civil engineers. 1479. Chaplains. 1480. Professors of mathematics and staff generally. v.l 3, p. 420; July 25, 1866, s. 1, v. 14, p. 222; Mar. 2, 1867, s. 1, v. 14, p. 515- Mar. 3, 1883. Dec. 21, 18 Eear-admirals with major-generals. Commodores with brigadier- generals. Captains with colonels. Commanders with lieutenant-colonels. Lieutenant commanders with majors. Lieutenants with captains. Masters (lieutenants of the junior grade) with first lieu- tenants. Ensigns with second lieutenants. SEC. 1467. Line officers shall take rank in each grade ""JuTy~i67i862, s. according to the dates of their commissions. 1, v. 12, p. 583; Apr. 21, 1864,8.7, v. 13, p. 54; Jan. 24, 1865, 8. 1, v. 13, Commanding SEC. 1468. Commanding officers of vessels of war and of M?d atotfons? 8618 naval stations shall take precedence over all officers placed i2*v a i6 3 ' 35?' s ' un( ^ er their command. tiv^ d or execu " SEC. 1469. The Secretary of the Navy may, in his dis- cretion, detail a line officer to act as the aid or executive of the commanding officer of a vessel of war or naval sta- tion, which officer shall, when not impracticable, be next in rank to said commanding officer. Such aid or executive shall, while executing the orders of the commanding officer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. All orders of such aid or executive shall be regarded as proceeding from idem. RANK AND PRECEDENCE IN THE NAVY. 109 the commanding officer, and the aid or executive shall have no independent authority in consequence of such detail. SEC. 1470. Staff officers, seniors to the officers so detailed, oj ^^ 8 t8 of 8taff shall have the right to communicate directly with the com- idem'. manding; officer. SEC. 1471. The chiefs of the Bureau of Medicine and Sur- chiefs of bu- gery, Provisions and Clothing, Steam Engineering, and re idem. Construction and Kepair shall have the relative rank commodore while holding said position, and shall have, pne e and AC- respectively, the title of Surgeon General, Paymaster-Gen- Cou ^ t8 8 ' e ' c 1481 eral, Engineer-in-Chief, and Chief Constructor. SEC. 1472. When the office of chief of Bureau is filled by J^^J^ a line officer below the rank of commodore, said officer shall rank of commo- have the relative rank of commodore during the time he do fj em holds said office. SEC. 1473. Officers who have been or who shall be retired po^ d of from the position of chiefs of the Bureau of Medicine and of bureau. Surgery, of Provisions and Clothing, of Steam Engineer- Sue of Bureau ing, or of Construction and Eepair, by reason of age length of service, shall have the relative rank of commo- toupu Accounts. SEC. 1474. Officers of the Medical Corps on the active list of the Navy shall have relative rank as follows: 535. Medical directors, the relative rank of captain. Medical inspectors, the relative rank of commander. Surgeons, the relative rank of lieutenant-commander or lieutenant. Passed assistant surgeons, the relative rank of lieuten- Lieutenant of the junior grade aut or master. Mar.3,i883 Assistant surgeons, the relative rank of master or en- Sign. 3,1883. SEC. 1475. Officers of the Pay Corps on the active list of ^ C 9 l ps ' the Navy shall have relative rank as follows: Pay directors, the relative rank of captain. See note 1 - Pay inspectors, the relative rank of commander. Paymasters, the relative rank of lieutenant-commander or lieutenant. Passed assistant paymasters, the relative rank of lieuten- ant or master. 3, im. Assistant paymasters, the relative rank of master or en- mniorgradeMar SlgU. 3,1883. SEC. 1476. Officers of the Engineer Corps on the active Co r p * gi n e e r list shall have relative rank as follows : ibid, s. 7,- p. Of the chief engineers, ten shall have the relative rank ^fp^ilf'iSJ: of captain, fifteen that of commander, and forty-five that s, '1883/22 'stats.' of lieutenant-commander or lieutenant. L.,p,472. Note I. Section 1475 does not give to a pay inspector in the Navy the grade of commander. It confers upon him the rank of commander by relation (only) to the rank of aline officer of that grade. The designation ' ' pay inspector ' ' expresses both title and grade in the Pay Corps. The commission of an officer as "pay inspector," "with the relative rank of commander," gives the appropriate title and grade of the officer named therein, and fully satisfies the requirement of section 1480, R. S. (Op., XVI, 414, Jan. 8, 1880, Devens.) [For a definition of the words "title," "grade," and "rank," see this opinion and C. C., XV, 151. The latter defines the rank of staff officers of the Navy as usually operative only in determining the rela- tion of the different officers of the service to each other in matters of precedence, privilege, and tlie like, and is generally called "relative rank." Grade is a step or degree in either office or rank, and has reference to the divisions of the one or the other, or both, according to the connection in which the word is employed.] 110 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. assistant engineers shall have the relative rank of lieutenant or master, and assistant engineers that of lieutenant of the junior grade or ensign. SEC. 1477. Of the naval constructors, two shall have the to Mar. 3, i87i, B. relative rank of captain, three of commander, and all 9, v. 16, p. 536. others that of lieutenant-commander or lieutenant. Assist- ant naval constructors shall have the relative rank of lieutenant or master. ST^Ts.' SEC. 1478. Civil engineers shall have such relative rank 9, v.io', P .'536. ' as the President may fix. General order The President of the United States has this day, under the provisions of section 1478 of the lievised Statutes, conferred relative rank on Civil Engineers of the Navy, and fixed the same as follows : One with the relative rank of captain. Two with the relative rank of commander. Three with the relative rank of lieu ten ant- commander. Four with the relative rank of lieutenant. Civil engineers will take precedence in their corps, and with other officers with whom they hold relative rank, in accordance with the law regulating precedence of officers of the Navy. Mar pl 3 ai i87i ^ EC * -^9. Chaplains shall have relative rank as follows: 9, v. 16, pi 536. ' 8 ' Four, the relative rank of captain; seven, that of corn- Dail(ier ? and not more tnau seven ? commander or lieutenant. Professors of g EC . 1480. Professors of mathematics shall have relative mathematics. , ,, -r,. , , , . . i /. , . May si, 1872, 8 . rank as follows : Three, the relative rank of captain ; four, Feb.' 27,' jfel'v. ^at of commander; and five, that of lieutenant-commander ia, p. 244. ' or lieutenant. 16 A. G. op., p. The grades established in the six preceding sections for 41 Sec sec. 1475. tne staff corps of the Navy shall be filled by appointment from the highest members in each corps, according to See note i, p. seniority ; and new commissions shall be issued to the officers so appointed, in which the titles and grades estab- lished in said sections shall be inserted ; and no existing commission shall be vacated in the said several staff corps, except by the issue of the new commissions required by the provisions of this section ; and no officer shall be reduced in rank or lose seniority in his own corps by any change which may be required under the provisions of the said six preceding sections: Provided, That the issuing of a new appointment and commission to any officer of the Pay Corps under the provisions of this section shall not affect or annul any existing bond, but the same shall remain in force, and apply to such new appointment and commission. when retired SEC. 1481. Officers of the Medical, Pay, and Engineer of r 8 efvice. len Corps, chaplains, professors of mathematics, and construct- or. 3> mi, s. ors> wuo shall have served faithfully for forty-five years, shall, when retired, have the relative rank of commodore; and officers of these several corps who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faith- fully until retired, shall, on the completion of forty years RANK AND PRECEDENCE IN THE NAVY. Ill from their eiitry into the service, have the relative rank of commodore. SEC. 1482. Staff-officers, who have been or shall be retired Retire 16) p> 537- relative rank according to length of service in the Navy. SEC. 1486. In estimating the length of service for such purpose, the several officers of the staff corps shall, respec- mated. tively, take precedence in their several grades and with i^\\ p?: those officers of the line of the Navy with whom they hold Mar. 3, i88i,V. 21, relative rank who have been in the naval service six years Fei> 10; 25 8ee i88i| longer than such officers of said staff corps have been in G en - Order264. said service; and officers who have been advanced or lost numbers on the Navy llegister shall be considered as hav- ing gained or lost length of service accordingly: Provided, That nothing in this section shall be so construed as to give to any officer of the staff corps precedence of, or a higher relative rank than that of, another staff officer in the same grade and corps, and iclwse commission in such grade and corps ante- dates that of such officer. SEC. 1487. No staff officer shall, in virtue of his relative Sa^Tiim, a. rank or precedence, have any additional right to quarters. 10, v. is, p. 537.' SEC. 1488. The relative rank given by the provisions of JJS!*" 7 com this chapter to officers of the Medical, Pay, and Engineer tU 8 en A ^ a r l * Corps shall confer no authority to exercise military eom-i846,'andM'ay27,' timid 1847; Aug. 5, mailU< 1854, 8. 4, v. 10, p. 587 ; Mar. 3, 1859, s, 2, v. 11, p. 407. SEC. 1489. Iii processions on shore, or courts-martial, boards,^ 8 8i n8 ' summary courts, courts of inquiry, boards of survey, and 12 ^ a ^ 3 ' ^ 8 - all other boards, line and staff officers shall take precedence according to rank. SEC. 1490. Ensigns shall be steerage officers, unless as- signed to duty as watch and division officers. July 15, 1870, s.' 10, v. 16, p. 334. Sec. 1491. The President may, if he shall deem it condu- ce Wammt cive to the interests of the service, give assimilated rank J ^ ll y 3 2 ' 186 3' 7 J: to boatswains, gunners, carpenters, and sail-makers, as fol- MOT. 3, isso'. lows : After five years' service, to rank with ensigns, and after ten years' service, to rank with junior lieutenants. SEC. 1492. The officers of the revenue-cutter service when ^^ ne 8 ^^ serving, in accordance with law, as a part of the Navy, as pa rt of the shall be entitled to relative rank, as follows : Captains, with Nay y- 112 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 4 1 v eb i 2 2 ' 186 64o 8 ' ail( * next after lieutenants commanding in the Navy; first Mar'. 2, iW, s. 98,' lieutenants, with and next after lieutenants in the Navy 5 iVile^s. ( u A y second lieutenants, with and next after junior lieutenants in v.i2, pp. 583-585 1 the Navy; third lieutenants, with and next after ensigns Mar. 3, 1883. See Title "Revenue- 111 Cutter Service," sec 1492 officers ad- SEC. 1506. Any officer of the Navy may, by and with the nk ' advice and consent of the Senate, be advanced, not exceed- ing thirty numbers in rank, for eminent and conspicuous -Rank not to be conduct in battle or extraordinary heroism ; and the rank lte gi ccep ' of officers shall not be changed except in accordance with the . Apr. 21, jaw, a. provisions of existing law. and by and with the advice and 6, v. 13,p.54 ; Jan.-* . /* . 7 cv . 24, ises, s. i, v. 13, consent of the Senate. p. 424; June 17, 1878, v. 20, p. 143. See BOO.. 1508, Pro- motion. Title is, chap 5. SEC. 1521. When cadet midshipmen shall have passed Promotion to successfully the graduating examination at the Academy, n t k 8hipmen; they shall receive appointments as midshipmen and shall juiy 15, 1870, s. take rank according to their proficiency as shown by the ^See^ote!! 4 ' order of their merit at date of graduation. Title is, chap 9. SEC. 1601. The commandant of the Marine Corps shall Rank of com- have the rank and pay of a colonel in the Army, and shall co^p d a ant Marine be appointed by selection by the President from the officers of Mar. 2, 1867, s. Said 7, v. 14, p. 517; June 6, 1874, v. 18, p. 58. r . staff rank, Ma- SEC. 1602. The adjutant and inspector, the paymaster, n Mar 01 ? 8 i847, 8. and the quartermaster shall have the rank of major; each feTiStfr^w** assistant quartermaster shall have the rank of captain. 244. Relative rank of SEC. 1603. The officers of the Marine Corps shall be, in withtL Army. 8 relation to rank, on the same footing as officers of similar June 30, 1834, s. grades in the Armv. 4, v. 4, p. 713. See * sees. 1601-1603, Title "Marine Corps." June s, 1880. That the President of the United States be, and he is Rank of JudgT- hereby, authorized to appoint, for the term of four years, Advocate- fie n- by au( i w jth the advice and consent of the Senate, from the er Mar. s, 1880, v. officers of the Navy or the Marine Corps, a Judge- Advocate- General of the Navy, with the rank pay, and allowances of a captain in the Navy or a colonel in the Marine Corps, as the case may be. * * * June s, 1896. That the Act "to authorize the President to appoint an 29 stat. L., 251. officer of the Navy or the Marine Corps to perform the 9 SU 473' E ' S '' vo1 ' duties of solicitor and judge-advocate-general, and so forth, "' &avy. and to fix the rank and pay of such officer," approved June cate^gen'eraTs eighth, eighteen hundred and eighty, is hereby amended pay. by inserting in said Act in lieu of the words u with the rank, i29a supp e R.s.,' pay, and allowances of a captain in the Navy, or a colonel 29 R's 349 * n Marine Corps, as the case may be," the words "with the rank and highest pay of a captain the Navy, or the rank, Note 2. Section 1521 is changed by the acts of August 5, 1882, and March 3, 1883. Cadet midshipmen are now styled naval cadets until they complete the six years course, and, under certain contingencies, are mustered out or appointed to other places. There are no midshipmen or cadet midshipmen. (See "Naval Academy.") RATIONS IN THE NAVY AND MARINE CORPS. 113 pay, and allowances of a colonel in the Marine Corps, as the case may be : " Provided, That this amendment shall take effect from* , daUl from July nineteenth, eighteen hundred and ninety-two, the date Became a law on which the present incumbent entered on duty, and that wit !\ ou * the ,, t j_ i i -IT i_ 11^ i-i President s ap- the amount herein appropriated shall be payable from the proyai, June 5, appropriation u Pay of the Navy." RATIONS. Sec. 1143. Detachments with the Army. 1577. llations to naval cadet. 1578. Kations of other officers. 1579. When rations not allowed. 1580. Navy ration, constituents of. 1581. Substitutions in. 1582. Short allowance. 1583. Rations stopped for the sick. 1584. Additional ration. Sec. 1585. Commutation price of ration. 1595. None to retired officers. 1615. To enlisted marines. 3721. Purchases of butter and cheese. 3726. Preserved meats. 3727. Flour and bread. 4812. Allowance to Navy hospitals. Act May 3, 1880. Desiccated tomatoes. SEC. 1143. The officers of the subsistence department Title 14, chap. i. shall, upon the requisition of the naval or marine officer N ava i d commanding any detachment of seamen or marines under j^ orders to act on shore, in co-operation with the land troops, Anny Wl and during the time such detachment is so acting or pro- 1 ^ e - 15 ^ 5 1 1 814 ' 8> ceediug to act, furnish rations to the officers, seamen, and marines of the same". SEC. 1577. Midshipmen and naval cadets in the Navy Title is, chap. 8. shall be entitled to one ration, or to commutation therefor. Rations to na- val cadets. July 28, 1866, s. 8, v. 14, p. 322; Feb. 28, 1867, s. 2, v. 14, p. 416; Aug. 5, 1882, 22 Stat. L., p. 285. That all enlisted men and boys in the Navy, attached to Jan - 30 > 1885> any United States vessel or station and doing duty thereon, 23 stat. L., 287. and naval cadets, shall be allowed a ration, or commutation and boys^ Navy thereof in money, under such limitations and regulations as ? nd . naval cadets x \. ~ T ., to have rations or the Secretary ot the Navy may prescribe. commutation. E.S., sees. 1577, 1585. Mar. 1, 1889, ch. 331, p. 669. SEC. 1578. All officers shall be entitled to one ration, or ot ^ e ** ffi c n r | of to commutation therefor, while at sea or attached to a sea- July ie, 1862, s. o-^ino- vacal 19 ' v - 12 ' P- 587 : going vessel. Mar 3 1851( 8< lf v. 9, p. 631 ; Op., X, 52, July 10, 1861. See "Pay, Rations, and Mileage," Ma- rine Corps. SEC. 1579. Iso person not actually attached to and doing no 7aiiTwed ation8 duty on board a sea-going vessel, except the petty officers, i Mar.^s, i*n,a- seamen, and ordinary seamen attached to receiving- ships or Feb.' 28,' isV ^2! to the ordinary of a navy-yard, and ensigns of the junior ^ l ^^ ^y grade and naval cadets, shall be allowed a ration. P.' 322;' Aug.' s' 1882 ; Mar. 3, 1883. SEC. 1580. The Navy ration shall consist of the following con ^ u ^ t fy daily allowance of provisions to each person: One pound Juiyis, iwi,*. of salt pork, with half a pint of beans or pease; or one j u ii%862, M pound of salt beef, with half a pound of flour and 376 8 114 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. i88o ee May 3> ounces f dried apples, or other dried fruit; or three-quar- ters of a pound of preserved meat, with a half pound of rice, two ounces of butter, and one ounce of desiccated " mixed vegetables ;" or three-quarters of a pound of pre- served meat, two ounces of butter, and two ounces of desiccated potatoes; together with fourteen ounces of bis- cuit, one-quarter of an ounce of tea, or one ounce of coffee or cocoa, and two ounces of sugar; and a weekly allowance of half a pint of pickles, half a pint of molasses, and half a pint of vinegar. in s u b stitutions g EO> 1581. The following substitution for the components in July 18,1861,88. of the ration may be made when it is deemed necessary by ApV^Vi8&2 s 6 4 : the sen i r officer present in command: For one pound of v. 12, p. 38i. ' ' salt beef or pork, one pound and a quarter of fresh meat or iafo! e Iay 3 * three-quarters of a pound of preserved meat; for any or all of the articles usually issued with the salted meats, vege- tables equal to the same in value; for fourteen ounces of biscuit, one pound of soft bread, or one pound of flour, or half a pound of rice; for half a pint of beans or pease, half a pound of rice, and for half a pound of rice, half a pint of beans or pease. And the Secretary of the Navy may sub- stitute for the ration of coffee and sugar the extract of coffee combined with milk and sugar, if he shall believe such sub- stitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration : Provided, That the same shall be accept- able to the men. jshort allow- g EO> i5g2. In case of necessity the daily allowance of July is, 1861, e. provisions may be diminished at the discretion of the senior 4, v. 12, P . 265. officer present in command; but payment shall be made to the persons whose allowance is thus diminished, according to the scale of prices for the same established at the time of such diminution. And every commander w ho makes any diminution or variation shall give to the paymaster written orders therefor, specifying particularly the diminution or variation which is to be made, and shall report to his com- manding officer, or to the Navy Department, the necessity for the same. ib?the n |ick >PI>ed SEC> 158 '*- Kation s stopped for the sick on board vessels Mar. a, 1851, . shall remain and be accounted for by the paymaster as a June 22 I860 s 2 3 ; P tirt f tne provisions of the VCSSCls. v. 12, p. 83. ti SEC - 155 - Thirty cents sh all in all cases be deemed the July 15, i87o,8. commutation price of the Navy ration. 4, v.l 6, p. 333. SEC. 1595. Kations shall not be allowed to officers on the 20, v,' 12,' p. 587. retired list. See "Retire- im-ni. ' sec. 1595. Title is, chap. 9. SEC. 1015. The noil- commissioned officers, privates, and Rations to en- musicians of the Marine Corps shall, each, be entitled to Ma rece i ye oue Navy ration daily. July 1, 1797, s. 6, v. 1, p. 524; July 11, 1798, s. 2, v. 1, p. 595. See "Marine Corps," c. 1615. sec RATIONS IN THE NAVY AND MARINE CORPS. 115 No law shall be construed to entitle enlisted marines on Mar, 2, isoi. shore duty to any rations or commutation therefor other than Limitof rations such as now are or may hereafter be allowed to enlisted sLro^Ay 68 n men in the army. R.s.,sec.'i6i5. SEC. 3721. The provisions which require^ that supplies Title 48. shall be purchased by the Secretary of the Navy from the Purchases lowest bidder, after advertisement, shall not apply to tSemSta** 1 * * * the supplies which it may be necessary to pur- chase out of the United States for vessels on foreign sta- tions, * * * or butter * * * destined for the use of the Navy. * * * Contracts for butter * * * for the use of gutter. ^ ^ the Navy may be made for periods longer than one year, if, 3, v. 5, 'p. 794? in the opinion of the Secretary of the Navy, economy and ^'p'm^Aug the quality of the ration will be promoted thereby. * * * 3,' is4s\ s. ii, v. 9] p. 272; Mar. 2s, 1865, s. 7, v. 13, p. 467. SEC. 3726. The Secretary of the Navy is authorized to procure the preserved meats, pickles, butter, and desiccated July is^isei, 8 . vegetables, in such manner and under such restrictions and 7) v< 12) p ' 265 ' guarantees as in his opinion will best insure the good qual- ity of said articles. SEC. 3727. The Secretary of the Navy is authorized to bi ^ our and purchase, in such manner as he shall deem most advanta- Mar. 3, 1863, s. geous to the Government, the flour required for naval use; 4 ' v - l2 ' p - 818 - ui id to have the bread for the Navy baked from this flour by special contract under naval inspection. SEC. 481'^. For every Navy officer, seaman, or marine Title 59, chap. i. admitted into a Navy hospital, the institution shall be Allowance of allowed one ration per. day during his continuance therein, J^ ^^ ^ avy to be deducted from the account of the United States with 'r?b.28, isn, s . such officer, seaman, or marine. 4, v. 2, p. 050. The Secretary of the Navy may substitute for the ration May 3, isso. of "two ounces of desiccated potatoes" six ounces of desic- 21 stat. L. SQ. cated tomatoes if he shall believe such substitution to be 38 f upp- K> S-) p- conducive to the health and comfort of the Navy, and not Desiccated to- to be more expensive to the Government than the present J3S3J"" ration, provided the same shall be acceptable to the men. In the event the Secretary of the Navy orders such substi- tution he is authorized to have sold at public auction any desiccated potatoes on hand, the proceeds of which sale shall be used in the purchase of desiccated potatoes for the use of the Navy. 116 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. RETIREMENT. Sec. 1443. After forty years' service. 1444. After sixty-two years of age or forty-five years of service. 1445. Officers of certain ranks to be re- tired only for disability. 1446. Officers who have received a vote of thanks. 1447. Officers rejected for promotion. Officers rejected for misconduct. 1448. Retiring-board. 1449. Powers and duties of. 1450. Oath of members. 1451. Findings. 1452. Revision by the President. 1453. Disability by an incident of the service. 1454. Disability by other causes. 1455. Not to be retired without a hearing. 1456. Not to be retired for misconduct. 1457. Privileges and liabilities. 1458. Vacancies by retirement. 1459. Withdrawn from command. Sec. - Act Aug. 5, 1882, prohibiting pro- motion. 1462. Active duty. 1462. Assigned to command of squadrons and ships. 1464. Commanders of squadrons, from what grades selected. 1465. When restored to active list. 1473. Retired chiefs of bureaus. 1481. When retired for age or length of service. 1482. Retired for causes incident to serv- ice, staff. 1588. Pay of retired officers. 1589. Pay of certain rear-admirals. 1590. Pay of third assistant engineers. 1591. Pay not increased by promotion. 1592. Pay on active duty. 1593. Pay of officers retired on furlough. 1594. Transfer from furlough to retired pay. 1595. Not entitled to rations. service. Aug. 3, 1861, s. 21, v. 12, p. 290. Title 15, chap. 8. SEC. 1443. When any officer of the Navy has been forty lifter 40 years' years in the service of the United States lie may be retired from active service by the President upon his own appli- cation. Mr. s, 1888. Hereafter there shall be no promotion or increase of pay Promotions in the retired list of the Navy but the rank and pay of offi- pay 'for^reSred cers on the retired list shall be the same that they are when officers prohib- such officers shall be retired. ited. R.S., sees. 1443- 1465. SEC. 1444. When any officer below the rank of Yice- serfice. Admiral is sixty-two years old, he shall, except in the case i, ^T'u' P 86 329 i provided in the next section, be retired by the President June 25,' 1864, si from active service. 1, v. 13, p. 183 ; Dec. 21, 1864, s. 3, v. 13, p. 420; July 16, 1862, s. 8, v. 12, p. 584; Mar. 3, 1873, v. 17, SEC. 1445. The two preceding sections shall not apply , p. 556. Officers of cer- ret?red n o i niy t0 for to any lieutenant-commander, lieutenant, lieutenant of the disability ^ junior grade, ensign, passed assistant surgeon, passed as- 6, v/ie, ' P . ssf; sistant paymaster, passed assistant engineer, assistant sur- i8 6b p iVSar v s g eon > assistant paymaster, or assistant engineer; and such 1883.' ' ' officers shall not be placed upon the retired list, except on account of physical or mental disability. officers who g EC> 1446. Officers on the active list, not below the grade have received ti / -I-L-I * * jt t vote of thanks, of commander, who have, upon the recommendation of the s, v"i2 P 6 584 62 ' "' President, received by name, during the Avar for the sup- pression of the rebellion, a vote of thanks of Congress. for distinguished service, shall not be retired, except for cause, until they have been fifty-five years in the service of the United States. SBC. 1447. When the case of any officer has been acted upon by a board of naval surgeons and an examining board f r promotion, as provided in Chapter Four of this Title, and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list. and act of Aug. RETIREMENT OF OFFICERS IN THE NAVY. 117 Whenever on an inquiry had pursuant to law, concerning Aug. s, issa. the fitness of an officer of the Navy for promotion, it shall Not to be re- appear that such officer is unfit to perform at sea the duties g*J fo of the place to which it is proposed to promote him, by Aug. 5, 1882. reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and heard upon the charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year's pay. SEC. 1448. Whenever any officer, on being ordered to Title?5 > chap - 8 - perform the duties appropriate to his commission, reports R^tiringboard. himself unable to comply with such order, or whenever, in 23, V u f2, p. 1 !?! 1 . 1 8> the judgment of the President, an officer is incapacitated to perform the duties of his office, the President, at his discre- tion, may direct the Secretary of the Navy to refer the case of such officer to a board of not more than nine nor less see note r. than five commissioned officers, two-fifths of whom shall be members of the Medical Corps of the Navy. Said board, except the officers taken from the Medical Corps, shall be composed, as far as maybe, of seniors in rank to the officer whose disability is inquired of. SEC. 1449. Said retiring-board shall be authorized to tie ^ er8anddu - in quire into and determine the facts touching the nature Aug. 3,1861,8. and occasion of the disability of any such officer, and shall have such powers of a court-martial and of a court of inquiry as may be necessary. SEC. 1450. The members of said board shall be sworn in th of mem - e each case to discharge their duties honestly and impartially. Ai^g. 3, isei, 23, v. 12, p. 291. SEC. 1451. When said retiring-board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, produced his incapacity, and whether such cause is an incident of the service. SEC. 1452. A record of the proceedings and decision of the board in each case shall be transmitted to the Secretary Mem. of the Navy, and shall be laid by him before the President ' for his approval or disapproval, or orders in the case. SEC. 1453. When a retiring-board finds that an officer is incapacitated for active service, and that his incapacity is service. the result of an incident of the service, such officer shall, ^?fj! s ' if said decision is approved by the President, be retired from active service with retired pay, as allowed by Chapter Eight of this Title. SEC. 1454. When said board finds that an officer is in-. **jJ2 < by capacitated for active service and that his incapacity is not Mem. Note L No power of review over the proceedings of a retiring board exists by law where its findin has been once aroved b the President and his "orders in re its finding has been once approved by the President and his " " executed. (Op., XV, p. 446, Devena, Feb. 8, 1878, Rodney's Case.) the case Where a naval retiring board, convened to inquire into the nature and cause of the disability of an officer, has once finished its work, rendered a complete judgment in the case, and adjourned, a subsequent reconsideration of its judgment by the board, unless authorized or directed by proper authority, can have no legal effect. (Op., XVI, p. 104, Devens, July 25, 1878, Rodney's Case.) Note 2. The act of August 3, 1861, chap. 42, s. 23 (12 Stat L., 291, now R. S., sees. Retirement of 448, 1455), applies to warrant officers, and they may be retired as well as coramis- warrant officers. sioned officers. The President's act in retiring a boatswain in 1872 was legal and C. C., v. 18, p. valid. See title "Warrant officers, "sees. 1406, 1417. 537. Browns Case. 118 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ^is A. G. op., P . the result of any incident of the service, such officer shall, 96 seeAug.5,i882. if said decision is approved by the President, be retired from active service on furlough-pay, or wholly retired from service with one year's pay, as the President may deter- mine. Not to be re- SEC. 1455. No officer of the Navy shall be retired from hearing. ltbl ft active service, or wholly retired from the service, without idem. a full and fair hearing before such Navy retiring-board, if he shall demand it, except in cases where he may be retired by the President at his own request, or on account of age or length of service, or on account of his failure to be recommended by an examining board for promotion. tii?d t for ]n Y 9 co r n- SEC. 145G - No officer of the Navy shall be placed on the duct. retired list because of misconduct; but he shall be brought e v U i6, Jfba? 01 8 ' t trial by court-martial for such misconduct. 1 See ' sec. 1447 and act Aug. 5, 1882. liabiiuSf 68 and ^ EC * -^7. Officers retired from active service shall be 1 Jan. 1MS57, s . placed on the retired list of officers of the grades to which Aug' sSSi 15 8 4 s : tue y belonged respectively at the time of their retirement, 22, 23, 24, v. 12, pp. and continue to be borne on the Navy Register. They shall 29 see 9 notes 3, 4, oe entitled to wear the uniform of their respective grades, and*. and shall be subject to the rules and articles for the gov- ernment of the Navy and to trial by general court-martial. The names of officers wholly retired from the service shall be omitted from the Navy Register. retirement 68 l ' y SEC< 1458 ' The next officer il1 rai1 ^ sna11 oe promoted to Aug. !? iwi, s. the place of a retired officer, according to the established De/' 2\!' i8si! 91 s ; ru l es f ^ ie serv i ce ? all ! 54?. 3 Command select any officer not below the grade of commander and Slfflf "rades assign him to the command of a squadron, with the rank le ^j[- 21 ^ ^ and title of "flag-officer;' 7 and any officer so assigned shatter. 12, p. 320. ' 8 have the same authority and receive the same obedience from the commanders of ships in his squadron holding com- missions of an older date than his that he would be entitled to receive if his commission were the oldest. SEC. 1405. Retired officers so detailed for the command when restored of squadrons and single ships maybe restored to the active list, if, upon the recommendation of the President, they shall receive a vote of thanks of Congress for their services and gallantry in action against the enemy, and not other- wise. SEC. 1473. Officers who shall have been, or who shall be, Title is, chap. 4. retired from the positions of chiefs of the Bureaus of Med- Retired from icine and Surgery, of Provisions and Clothing, of Steam Jf^JJ^ cllief Engineering, or of Construction and Kepair, by reason of Mar. 3, isji, 8 . age or length of service, shall have the relative rank O f 5 . v ' 16 >p 535 - commodore. SEC. 1481. Officers of the Medical, Pay, and Engineer ^^^^ Corps, chaplains, professors of mathematics, and construct- wheifretired^br ors, who shall have served faithfully for forty- five years, *| vl ? c r e leu s th of shall, when retired, have the relative rank of commodore; 86 Mar e '3, i87i, 8 . and officers of these several corps who have been or shall lliV>16 ' p<537> be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faith- fully nntil retired, shall, on the completion of forty years from tlieir entry into the service, have the relative rank of commodore. SEC. 1482. Staff-officers, who have been or shall be retired when retired for causes incident to the service before arriving at sixty- dentSTaervic"? 1 " two years of age, shall have the same rank on the retired idem, list as pertained to their position on the active list. SEC. 1588. The pay of all officers of the Navy who have Title 15, chap. 8. been retired after forty-five years' service after reaching Pay of retired the age of sixteen years, or who have been or may be officers, retired after forty years' service, upon their own applies ^ T . UMoTittBJ tion to the President, or on attaining the age of sixty-two M^- 3 ',? 3 ' 8>1 ' years, or on account of incapacity resulting from long and v< faithful service, from wounds or injuries received in the line of duty, or from sickness or exposure therein, shall, when not on active duty, be equal to seventy-five per centum of 120 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ' 8 ' tne sea P a y P rovi( iecl by this chapter for the grade or rank which they held, respectively, at the time of their retire- ment. The pay of all other officers on the retired list shall, when not on active duty, be equal to one-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retirement. June a 5 d i872 al 8 SEC - 1589> ^ear-admirals on the retired list of the Navy, 1, A-. 'n,' p. 226 J who were retired as captains when the highest grade in the ^17, p! MS?' "'^Navy was captain, at the age of sixty-two years, or after forty-five years' service, and who, after their retirement, were promoted to the grade of rear-admiral, and performed the duties of that grade in time of war, shall be considered as having been retired as rear-admirals. en^iet? 8 s . 8i8taTlt SEC - 1 590 - Officers who have been retired as third assist- Mar. 3, 1859, s. 2, ant engineers shall continue to receive pay at the rate of t&ft^t^'four hundred dollars a year. p. 290;' July, 1862', s. 20, v. 12, p. 587 ; Apr. 21, 1864, 8. 7, v. 13, p. 54; July 15, 1870,8.5, v. 16, Pay not i- SEC. 1591. No officer, heretofore or hereafter promoted motfon! by pr "upon the retired list, shall, in consequence of such promo- o ^ ar i' 4 2 ' 186 5i7 8 ' ti n ? ke en titled to any increase of pay. July 15,' 1870, s. 5, v. 16, p. 333. Aug. 6, 1882. Hereafter there shall be no promotion or increase of pay 22 stat. L., p. in the retired list of the Navy but the rank and pay of offi- 28 ^v cers on the retired list shall be the same that they are when JN o promotion, - -^ _ __ _ - etc., of retired such officers shall be retired. officers. 17 A. G. op., p. 495. Title is, chap. 8. SEC. 1592. Officers on the retired list, when on active Pay on active duty, shall receive the full pay of their respective grades. duty. June 1, 1860, s. 5,v.l2,p.27;Mar. 2, 1867, s. 9, v. 14, p. 517. officers retired g EC> 1593. Officers placed on the retired list, on furlough on furlough pay. in - -r i i / is64 56 v. of provisions and clothing, shall each be allowed a clerk, is, p. 92.' SEC. 1387. No paymaster shall be allowed a clerk in a when not ai vessel having the complement of one hundred and seventy- l Ma d y 26, 1864, v. five persons or less, excepting in supply steamers and 13 '?- 92 - store-vessels. SEC. 1388. Passed assistant paymasters and assistant cierka of passed paymasters attached to vessels of war shall be allowed SnT^payn.as- clerks, if clerks would be allowed by law to paymasters so* 6 . , . i M ;ir. o, loOc>, 8. attached. 5, v. 12, p. sis. SEC. 1556. * * * Clerks to paymasters at navy-yards, Title 15, chap, s. Boston, New York, Philadelphia, and Washington, one "cierks to a^ thousand six hundred dollars; Kittery, Norfolk, and Pensa- cola, one thousand four hundred dollars; Mare Island, one thousand eight hundred dollars. Clerks to paymasters, at other stations, one thousand three hundred dollars. Clerks to paymasters of receiving-ships at Boston, New cierks to pay. York, and Philadelphia, one thousand six hundred dollars j^ibi^s, etc. v at Mare Island, one thousand eight hundred dollars; of other receiving-ships, one thousand three hundred dollars. Clerks to paymasters on vessels of the first rate, one cierks to pay- thousand three hundred dollars; on vessels of the second . rate, one thousand one hundred dollars; on vessels of the third rate, and supply- vessels and store-ships, one thousand dollars. 122 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. a C ma8ters Awt ^^ er ^ s *o fleet paymasters, one thousand one hundred ISy- Clerks to paymasters at the Naval Academy and Naval inm and Acad- Asylum, one thousand three hundred dollars. emy. speetors to in ' Clerks * inspectors in charge of provisions and clothing, July 15, 1870, a. at navy-yards, Boston, New York, Philadelphia, and Wash 3 ' sec\ote 3 i.' ington, one thousand six hundred dollars; to inspectors in like charge at other inspections, one thousand three hun- dred dollars. ^y- SEC. 1550. * * * First clerks to commandants of navy- ' ' uiy lo. io M ', s. . . -, , , i t i i 1 1 3, v. 16, p. 332. yards, one thousand five hundred dollars. Second clerks to commandants of navy-yards, one thou- sand two hundred dollars. Clerk to commandant of navy-yard at Mare Island, one thousand eight hundred dollars. Clerks to commandants of naval stations, one thousand five hundred dollars. Title is, chap, i. g EC> 141(5. The Secretary of the Navy is authorized, when cierks at yards in his opinion the public interest will permit it, to discoii- Sed be "'tinue the office or employment of * * * any clerk of Aug. 10, 1846, s. the yard, clerk of the commandant, clerk of the store- keeper, clerk of the naval constructor. * * * May 4, 1878. Q n an( j a ,ft er the first day of July, eighteen hundred and secretaries and seventy-eight, there shall bo no appointments made from clerks from civil . . , ,./, ^ , , , x , 1 A -, . , -^ T . life not to heap- civil life ot secretaries or clerks to the Admiral, or Vice- P i)et1iii a o? at ofli Admirals, when on sea service, commanders of squadrons, cers to perform or of clerks to commanders of vessels; and an officer not ^May^'ms, v. above the grade of lieutenant shall be detailed to perform 20^/50;' Mar! s, the duties of secretary to the Admiral or Vice- Admiral, when on sea service, and one not above a lieutenant of the junior grade to perform the duties of clerk to a rear-admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat. * * * Note 1. The clerk of a paymaster in the Navy is subject to the jurisdiction of a court-martial, and may be arrested and tried for an offense committed while in the service, even after his connection with it lias been legally severed. (Ex parte Bogart, 17 Int. Rev. Rec., 155.) Under the act of Mar. 2, 1863, a paymaster's clerk is a person in the military service, and liable to trial by court-martial. (United States v. Bogart, 3 Benedict II., 257.) A regularly appointed clerk of a paymaster in the Navy is a "person in the naval service of the United States" within the meaning of article 14, section 1624, of tlie Revised Statutes, and lor a violation of its provisions is subject to be tried, con- victed, and sentenced by a naval general court-martial. (Otto, S. 0., 100, p. 13, Oct., 1879.) See same, case of Reed, paymaster's clerk, tried by court-martial, where, on habeas corpus, the Supreme Court decided that the court-martial had jurisdiction and was competent to pass the sentence of which he complained. A paymaster's clerk in the Navy, regularly appointed, and assigned to duty on a receiving ship, is a person in the'naval service of the United States, subject i<> In tried and convicted, and to bo sentenced to imprisonment, by a general court-mart ial, for a violation of section 1624 of the Revised Statutes. (Johnson v. Sayn-, ir.s IT. s., p. 109.) SEAMEN IN THE NAVY. 123 SEAMEN IN THE NAVY. See. . Apprentices of the Xavy. 1407. Promotion of seamen. 1408. Seamen rated as mates. 1409. Not discharged from enlistment by being rated mates. 1410. Petty ollicers. 1417. Enlisted men, number of. 1418. Term of enlistment. 1419. Consent of parents and guardians. 1420. Persons not to be enlisted. 1421. Transfer from military to naval service. 1422. Men sent home at expiration of term. 1423. Subject to regulations, etc. 1424. Limit of detention. 1425. What to be contained in shipping articles. 1426. Honorable discharge, to whom Sec. 1427. Form of honorable discharge. 1429. Men entitled to honorable discharge. 1430. Sale of wages and pri/e money. 1431. Duty as to granting leave and lib- erty. lf>G9. Pay of enlisted men. 1570. Additional pay for serving as fire- men, etc. lf>72. Detention beyond term of enlist- ment. 1573. Bounty -pay for reenlisting. 1574. Crews of lost or wrecked vessels. 1575. Crews taken by an enemy. 1576. Assignment ot wages. Act February 9, 1889. Petty officers and seamen' may deposit savings, etc. 4878. Burial of seamen in national ceme- teries. Machinists in the Navy. granted. That the Secretary of the Navy be, and he is hereby, A P ril 24 1896 - authorized to establish a training station for naval appren- 9s * at tices on the island of Yerba Buena, (or Goat Island), in th harbor of San Francisco, California; and said Secretary authorized to designate two officers of the Navy, and the turn established. Secretary of War is authorized to designate one officer of the Army, said three officers to constitute a board, who shall select and assign so much of said island as may be necessary for the purpose of establishing said naval train- ing station; and the site so selected, when approved by the President, shall be, by virtue of this Act, transferred to the Navy Department for the purposes of said naval train- ing station. SEC. 2. That all apprentices of the Navy, whether at a training station or on board an apprentice training ship, limit of enlisted shall be additional to the number (1) of enlisted persons n ?.'s., 1417. allowed by law for the Navy. SEC. 1407. Seamen distinguishing themselves in batttle, Title is, chap, i. or by extraordinary heroism in the line of their profession, Promotion of may be promoted to forward warrant officers, upon the ?ant"omclrs wa recommendation of their commanding officer, approved by May 1?, isw, the flag-officer and Secretary of the Navy. And upon such ' 'sjJnote 2. recommendation they shall receive a gratuity of one him- T fff 8a p r o m c : dred dollars and a medal of honor, to be prepared under turn or Advance- the direction of the Navy Department. ment." SEC. 1408. Mates may be rated, under authority of tfoeJJg^JJJg^ 6 Secretary of the Navy, from seamen and ordinary seamen ' May 17, isei/s. who have enlisted in the naval service for not less than two Mar T ; 3*186?; 8 79 3 ; years. v - 13 . P- 539 - SEC. 1409. The rating of an enlisted man as a mate, his appointment as a warrant officer, shall not discharge enlistment. him from his enlistment. Note. I. This number is fixed by 1893, March 3, ch. 212, par. 8, ante, p. 131, at 9,000 ; though by 1895, March 2, ch. 18(5, par. 1, ante, p. 426, the enlistment of 1,000 addi- tional seamen is authorized in the discretion of the Secretary of the Navy. Note 2. The seventh section of the act of December 21, 1861, vol. 12, p. 329, author- ized the Secretary of the Navy to prepare medals of honor, with suitable emblematic devices, to be bestowed upon such petty officers, seamen, landsmen, and marines as should inost distinguish themselves by their gallantry in action, and other seaman- like qualities during the war of the rebellion. Appropriations have since been made. for such medals, which are bestowed in meritorious cases, although no promotion takes place. 124 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. g E c. 1410. All officers not holding commissions or war- is, v. 12, p. 6io.' ' rants, or who are not entitled to them, except such as are temporarily appointed to the duties of a commissioned or warrant officer, and except secretaries and clerks, shall be deemed petty officers, and shall be entitled to obedience, in the execution of their offices, from persons of inferior ratings. Mar. 3, 1893. S'EG. 1417. And the number of persons who may at one Number of en- time be enlisted into the Navy of the United States, includ- at Itooo" 611 ed ing seamen, ordinary seamen, landsmen, mechanics, firemen, See note 3. anc [ coa i heavers, and including one thousand five hundred June 10, 189G. apprentices and boys, hereby authorized to be enlisted vo? 2 PP 517 R ' s '' annually, shall not exceed nine thousand. * * And v 29s P at.L'.,36i.the Secretary of the Navy is hereby authorized to enlist Additional sea at anv time aft . er ^ e passage of this Act as many addi- men. Mar. a, tional men as in his discretion he may deem necessary, 8 8 p 3 'i3h 212 ' par- not to exceed one thousand. Provided, That in the appoint- Subttitutefor me n t o f wcbrrawt-offic&rs in the naval service of the United Apprentices, States, preference shall be given to men who have been honor- fenedhiappoint' a bly discharged upon the expiration of an enlistment as an mentof warrant- apprentice or boy, to serve during minority, and reenlisted Promotion ^within three months after such discharge, to serve during a seamen as war- term of 'three or more years : Provided further, That nothing affected? 06 oi in this act [section] shall be held to abrogate the provisions of ? >s ''? e ?^ 407 : section fourteen hundred and seven of the Revised Statutes v 11H6 /, lotM, V. _ _ _* 9 _ -^ 13, p. 120 ; June of the United States. 17, 1868,8. 2, v. 15, p. 72; May 12. 1879, v. 21, p. 3; June 30, 1876, v. 19, p. 66. Term of enlist- SEC. 1418. Boys between the ages of fourteen and eight'* m Mar. 2, 1837, s. een years may be enlisted to serve in the Navy until they M v ' 12 P 879 153 ' sna11 arrive at the a e of twenty-one years; other persons 2i a p. 3;' Feb.' 23,' may be enlisted to serve for a period not exceeding five 18 see V note p 4 331 ' 7 ears ? unless sooner discharged by direction of the Pres- ident. That section fourteen hundred and eighteen be amended so as to read as follows : Mayi2, 1879,21 " SEC. 1418. Boys between the ages of fifteen (5) and K ta s.',p.'263 Supp ' eighteen years may be enlisted to serve in the Navy until rs 1 ^ ^ sna ^ arr J ve at the age of twenty-one years; other for persons may be enlisted to serve for a period not exceed- E.S., HIP. j u g fi ve vearS) unless sooner discharged by direction of the President." -between ages Th&t, section fourteen hundred and nineteen be amended of 15 and 18 years _ .. so as to read as follows : substitute for <' SEC. 1419. Minors between the ages of fifteen (5) and eighteen years shall not be enlisted for the naval service without the consent of their parents or guardians." are Vb '?oh p bHeci r ^ na * ; section fourteen hundred and twenty be amended from p e r niisting e( so as to read as follows: " SEC. 1420. No minor under the age of fifteen (5) years, NoteS. The number of enlisted men in tbe Navy M;IS lixcil by R. S., sec. 1417, at 8,500. This was reduced by 1876, Juno 30, ch. 159 (incorporated in second edition of R. S., 19 Stat. L.,66), to 7,500; increased by 1879, May 12, ch. 5 (1 Supp. R. S., 263), to 8,250, and by the above act to 9,000. Note 4. The original statute limiting the age to sixteen, was amended by act of May 12, 1879, to fifteen, and by Stat. L., v, 21, p. 338. changed in fourteen. Note 5. Changed to "fourteen " by 1881, Feb. 23, ch. 73, 2, p. 318. SEAMEN, LANDSMEN, AND BOYS IN THE NAVY. 125 no insane or intoxicated person, and no deserter from the naval or military service of the United States, shall be enlisted in the naval service." SEC. 1419. Minors between the ages of fourteen and eight- e eeu years shall not be enlisted for the naval service with- fans. out the consent of their parents or guardians. l ^ ar 5 2 ' p 183 ^|: Mar.'3, i865', s.18,' v. 13, p. 490; May 12, 1879, v. 21, p. 3; Feb. 23, 1881, v. SEC. 1420. No minor under the age of fourteen years, no Persons not to insane or intoxicated person, and no deserter from the b6 Mar! 8 3? d i865, 8 . naval or military service of the United States, shall beJJ y- 13 - P- 4>9 ; enlisted in the naval service. 2i, a p. 3 ; ' Feb.' 23,' 1881, v. 21, p. 331. See note 6. That in order to encourage the enlistment of boys as Mar. i, isso. apprentices in the United States Navy, the Secretary of 25Stat.L.,78i. the Navy is hereby authorized to furnish as a bounty to Naval appren- each of said apprentices after his enlistment, and when bounty ^ut^ on first received on board of a training-ship, an outfit of enlistment. clothing not to exceed in value the sum of forty-five dollars, j^b 8 " 8ec8 - 1417 ~ May 12, 1879, ch. 5, p. 263 ; Feb. 23, 1881.ch.73, 8. 2, p. 318. And fraudulent enlistment, and the receipt of any pay or Mar. 3, 1393. allowance thereunder, is hereby declared an offense against 27 stat. L., 715. naval discipline and made punishable by general court ^-Sof' 8 '' 1892 " martial, under article twenty-two of the articles for the 'Punishment government of the Navy 5 Siata lent R.S., sees. 1417- 1420, 1624, arts. 19, 22. but this provision shall not take effect until sixty days efi ec en takea after the passage of this act. The register of wills shall hereafter prepare papers in Mar. 3, i89i. connection with appointment of guardians to enable indi- ment papers to be prepared free. Note 6. United States courts can inquire into the validity of enlistments on habeas corpus, and thereupon discharge enlisted persons in proper cases. This power can not legally be exercised by State courts. (Winthrop's Digest, pp., 250, 280, with authorities given.) Subject discussed. (Also Op , XII, 259.) It has generally been held that the enlistment of minors in the Navy, over 18, was legal. The circuit court of the United States, district of Massachusetts, however, January 30, 1883, ordered the discharge of a minor, basing its action on a decision of Judge Lowell in 1870, which was that Oongress had the right to pass a law making legal the enlistment of a minor, but not having done so by explicit statute the com mon law of the State must rule the services of a minor belonging to its legal guardian. The United States are empowered to raise and maintain a Navy, and have a right A. G. O. Apr. to prescribe the rules and conditions under which voluntary or compulsory services 16, 1896. are to bo rendered by citizens. The periods at which persons reach their majority and become sui juris with respect to the ordinary affaiis of life cannot abridge this power of the General Government. A minor over 18 years of age can, by enlistment, bind himself during his minority, and there is no reason why he cannot bind him- self for a further period. A minor who, at the age of 19, enlisted in the Navy is bound by such enlistment, even though it extends beyond the date on which he becomes of age. The executive department has discretionary authority to discharge before the term of service has expired, but has no power to vary the contract of enlistment. (Op., IV, 538; XV, 362.) Enlistment ''for three years or during the war" means three years from date of muster, if war should last so long, and if it should not, then until it should end. Reference to duration, a restriction, not an extension. Can not be legally retained over three years, although the war may extend beyond that period. (Winthrop, p. 252.) Refers to decision of supreme court of Pennsylvania and other authorities. An alien can be enlisted in the naval service or the Marine Corps, and >s bound the same as a citizen to serve for his term of enlistment. (Op., Ill, 671 ; IV, 350 ; VI, 474, 607.) A minor is not bound by his contract, although entered into with the consent of his guardian, after he becomes of age. (Op., IV, 350.) 126 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. see not* 7. g en t boys to enlist in tbe United States Navy as provided by law, without making* any charge therefor. * * * ^ EC * -^1. Any person enlisted in the military service of the United States may, on application to the Navy Depart- p 342 4 ' s men t ? approved by the President, be transferred 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. at expSl* SEO ' 1422 ' That ifc slian be the dut y of * he commanding of term of officer of any fleet, squadron, or vessel acting singly, when on service, to send to an Atlantic or to a Pacific port of the United States, as their enlistment may have occurred on either the Atlantic or Pacific coast of the United States, in some public or other vessel, all petty-officers and persons of inferior ratings desiring to go there at the expiration of their terms of enlistment, or as soon thereafter as may be, be " un ^ ess > i n hi s opinion, the detention of such persons for a longer period should be essential to the public interests, in which case he may detain them, or any of them, until the vessel to which they belong shall return to such Atlantic Persons enlist- or Pacific port. All persons enlisted without the limits of ert without limits ,-. -.--,- ., -r ,-*. , . -.. , , ,, of United states, the United btates may be discharged, on the expiration ot their enlistment, either in a foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment; and that all persons sent home, or detained by a commanding officer, according Men subject**) to the provisions of this act, shall be subject in all respect TufnTr U d\v to the laws aild regulations for the government of the charge. Navy until their return to an Atlantic or Pacific port and their regular discharge; and all persons so detained by such officer, or re-entering to serve until the return to an Atlantic or Pacific port of the vessel to which they be- HOW long held long, shall in no case be held in service more than thirty arrival **** days after their arrival in said port; and that all persons who shall be so detained beyond their terms of enlistment or who shall, after the termination of their enlistment, voluntarily re-enter to serve until the return to an Atlantic Additional pay or Pacific port of the vessel to which they belong, and their f0 TM8*8ction to regular discharge therefrom, shall receive for the time clur- be contained in ing which they are so detained, or shall so serve beyond eio 8 PIU ! " their original terms of enlistment, an addition of one-fourth n J v ly i2 7 ' 186 6io' ^ their former pay : Provided, That the shipping-articles MarT's, 1875%. i8, ; shall hereafter contain the substance of this section. p. 484. See see. 1572 subject to reg- SBC. 1423. All persons sent home, or detained by a coin- sent 1 home W or 1 de emau( l^ n ? officer, according to the provisions of the preced- ta ju e i d ''i7 1862 * n ^ sec ti u ? shall be subject in all respects to the laws and 17, v. J i2, p. eid *' regulation s for the government of the Navy, until their return to an Atlantic port and their regular discharge. Note 7. Similar provisions occur in 1891, Mar. 3, ch. 546, par. 1 (1 Supp. R. S., 931). The introduction or the word "hereafter" determines the character of UM legislation as genenil ;m 1 85 o27- June 7, 1864, v. 13, p. 120. SEC. 1427. Honorable discharges shall be granted accord- Feb - 7 189 - iug to a form prescribed by the Secretary of the Navy. 2estat.L.,6. That from and after the passage of this act, whenever a bu?dfcharge r " satisfactory proof is furnished at the Navy Department idem. that any commissioned officer, regular or volunteer, appoiuted or enlisted man who served in the Navy or the char s B . in Marine Corps of the United States in the war of eighteen wh^Sg hundred and twelve, the Mexican war, or the war of the lo jj- s 8ec8l426 rebellion, has lost his certificate of discharge, or the same 1427? ' has been destroyed without his privity or procurement, the^^p.^. 1890 ' Secretary of the Navy shall be authorized to furnish to such commissioned officer, regular or volunteer, appointed or enlisted man, a certificate of discharge in lieu thereof. Provided, That such certificate shall not be accepted as- uot f \*. ovi - a voucher for the payment of any claim against the United States for pay, bounty, or any other allowance, or as evi- dence in any other case. That the Secretary of War and the Secretary of the A P r - 14 * 189 - Navy be, and they are hereby, authorized and required to 26 stat, L., 55. issue certificates of discharge or orders of acceptance of 71 Su PP- R - s -. P- resignation, upon application and proof of identity, in the Army and true name of such persons as enlisted or served under Navy - assumed names, while minors or otherwise, in the Army HoSSrJtnlJaS and Navy during the war of the rebellion, and were honor- ors , who en iited ably discharged therefrom. *** U.S., sees. 1342, art. 4, 1426, 1427. Applications for said certificates of discharge or amended A PP lication s- orders of resignation may be made by or on behalf of per- sons entitled to them; But no such certificate or order shall be issued where a E *ception. name was assumed to cover a crime or to avoid its conse- quence. and in time of peace the President may in his discretion, "- s, is3. and under such rules and upon such conditions as he may 27 stat. L., 715. prescribe, permit any enlisted man to purchase his dis- f 5 up P- J 3 ' S -' 1892 ~ charge from the Navy or the Marine Corps, the amountr .Purchase of recei ved therefrom to be covered i n to the Treasury. * * * SS^m^I e liberty on shore, to exercise carefully a discrimination in favor of the faithful and obedient. Title is, chap. s. SEC. 1569. The pay to be allowed to petty officers, ex- Pay of enlisted cep ting m at 68, and the pay and bounty upon enlistment m A >r is 1814 8 f seamen ? ordinary seamen, firemen, and coal-heavers, in 1, v. 3, 'p. 136;' the naval service, shall be fixed by the President: Pro- v f 9?p 3 'i73* 7 juiy vided, That the whole sum to be given for the whole pay i,' 1864, s. 4, v. is, aforesaid, and for the pay of officers, and for the said bouu- Fsel, 4 !' 2,^ a i3, p! ties upon enlistments shall not exceed, for anyone year, 539 ' the amount which may, in such year, be appropriated for such purposes. Additional pay SEC. 1570. Every seaman, ordinary seaman, or landsman fireme^aXoai 8 who performs the duty of a fireman or coal-heaver on board he Ma 6 r r8 i 1869 s ^ an ^ vesse l f war shall be entitled to receive, in addition 2, v, 15, p'. 280. ' to his compensation as seaman, ordinary seaman, or lands man, a compensation at the rate of thirty-three cents a day for the time he is employed as fireman or coal-heaver. Detention be SEC. 1572. All petty officers and persons of inferior rat- KtnUnt" 1 n " iu gs who are detained beyond the terms of service, according i ^i^' ew 2> 8 ' * *^ e P rov i s i ns f section fourteen hundred and twenty- two, or who, after the termination of their service, volun- tarily re-enter, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regular SEAMEN, LANDSMEN, AND BOYS IN THE NAVY. 129 discharge therefrom, shall, for the time during which they are so detained or so serve beyond their original terms of service, receive an addition of one-fourth of their former pay. SEC. 1573. If any seaman, ordinary seaman, landsman, re ^unty pay for fireman, coal-heaver, or boy, being honorably discharged, re junl ? u ?864, v. shall re-enlist for three years, within three months thereafter, Jg^'g 12 ^ ; v M f r> 2 ' e shall, on presenting his honorable discharge, or on account- 627. ' 8 ' ;ig in a satisfactory manner for its loss, be entitled to pay, during the said three months, equal to that to Avhich he would have been entitled if he had been employed in actual service. SEC. 1574. When the crew of any vessel of the United C'^ 8 of ' States are separated from such vessel, by means of her wreck, ( loss, or destruction, the pay and emolumentsof such of her of- j/ v ll i2 17 ' eo?' 8 ' ficers and men as shall appear to the Secretary of the Navy, by the sentence of a court-martial or court of inquiry, or by other satisfactory evidence, to have done their utmost to pre- serve her, and, after said wreck, loss, or destruction, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. SEC. 1575. The pay and emoluments of the officers and Crews of ves- men of any vessel of the United States taken by an enemy Sem^ ker who shall appear, by the sentence of a court-martial or other- 60 J dem ' 15 > P- wise, to have done their utmost to preserve and defend their vessel, and, after the taking thereof, to have behaved them- selves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. SEC. 1576. Every assignment of wages due to per son s of ^ 8 a 8i f nment8 enlisted in the naval service, and all powers of attorney, or Juneso, i864,s. other authority to draw, receipt for, or transfer the same, 12) v< 13) p- 310> shall be void, unless attested by the commanding officer and paymaster. The assignment of wages must specify the precise time when they commence. SEC. 4878. All soldiers, sailors, or marines, dying in the Title 59, chap. e. service of the United States, or dying in a destitute con- wiio may be dition, after having been honorably discharged from the ^^ i r 1 ? e n 8 a * ional service, or who served during the late war, either in the July 17, ises, a. regular or volunteer forces, may be buried in any national junei^i&S'vIn! cemetery free of cost. The production of the honorable P- 202'; Mar. 3' discharge of a deceased man shall be sufficient authority 1S 3 ' Vl 17) p ' for the superintendent of any cemetery to permit the interment. All men now serving in the Navy who may be discharged June 16 > 18SO as machinists, with continuous- service certificates entitling Machinists in them to honorable discharge, and those discharged in the chargfof; e'tc dl8 said rating with such certificates since the twentieth day June IG,' isso, v. of November, eighteen hundred and seventy-nine, shall ^istat. L., 290. receive one-third of one year's pay as a machinist for each 30 | upp> E - SM p - good conduct badge they have received, or may receive, Machinists not exceeding three in number under the said certificates, ch n arge^ from the said gratuity to be received in lieu of re-enlistment as Navy since NO- a machinist under such certificate, and to be in full and in to receive ^ne- lieu of all claims against the United States in connection tl a ir(l in of li j u 3ar | therewith, for extra pay for re-enlisting, or for continuous oSfe/extras^etc. service, or for enlistment as a petty officer; and the amount necessary to carry out the provisions of this act is hereby 376 - 9 130 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 23C.cis.R.,74 appropriated, out of any money in the Treasury not other- wise appropriated: Provided, That nothing herein con- tained shall be so construed as to prevent the re-enlistment of machinists in the Navy. R. s., That the Secretary of the Navy be, and he is hereby, v Aiio?nient of authorized to permit officers of the Navy and the Marine ma ^6 allotments from their pay, under such reg- illations as he may prescribe, for the support of their faini- jj es or re i a tives, for their own savings, or for other proper purposes, during such time as they may be absent at sea, on distant duty, or under other circumstances warranting such action. Feb. 9, 1889. That any enlisted man or appointed petty officer of the 25 stat. L., 657. Navy may deposit his savings, in sums not less than five ^Supp. R. s., pp. dollars, with the paymaster upon whose books his account Petty officers is borne; and he shall be furnished with a deposit-book, in Skv/nia^depoV whicli the said paymaster shall note, over his signature, il & "masters ^19 ^ e amoun ^j date, and place of such deposit. Opins., 616. Money deposi- The money so deposited shall be accounted for in the ed d for b aa C pubncSame manner as other public funds, and shall pass to the funds. credit of the appropriation for " Pay for the Navy," and shall not be subject to forfeiture by sentence of court-martial, but shall be forfeited by desertion, and shall not be per- mitted to be paid until final payment on discharge, or to the heirs or representatives of a deceased sailor, and that such deposit be exempt from liability for such sailor's debts : Liability of Provided, That the Government shall be liable for the amount deposited to the person so depositing the same. SEC. 2. That for any sums not less than five dollars so deposited for the period of six months or longer, the sailor, on his final discharge, shall be paid interest at the rate of four per centum per annum. g EC> 3. That the system of deposits herein established, shall be carried into execution under such regulations as may be established by the Secretary of the Navy. Government! Interest. VESSELS OF THE NAVY. Sec. 1428. Officers of vessels to be citizens of the United States. 1437. Officers to inspect vessels under War Department. 1529. Four classes; their coinmaiiders. 1530. How rated. 1531. Rule for naming. 1532. Two vessels not to bear the same name. 1533. Names of purchased vessels. 1534. Vessels kept in service in time of peace. 1535. How officered and manned. 1536. Cruising to assist distressed navi- gators. 1537. Patented articles connected with marine engines. 1538. Repairs on hull and spars. 1539. Repairs on sails and rigging. Sec. 1540. Sale of vessels until ti> Ite repaired. 1541. Sale of unserviceable vessels and materials. Unfit for service; removal from Register. Sale of vessels stricken from Reg- ister. Restriction on repairs. 1552. Coal depots for vessels. 429I5. Suppression of piracy. 468C. Employment on coast survey. Act June 20, 1874. Marine schools. Act June 14, 1879. Hulks for quaran tint- purposes. Act Aug. 5, 1882. Steam cruisers for the Navy. Ibid. Double-tnrreted monitors. Act June 20, 1874. Accidents to vessels. Title is, chap. 2. SEC. 1428. The officers of vessels of the United States officers to be shall in all cases be citizens of the United States. citizens of United States. June 28, 1864, s. 1, v. 13, p. 201. VESSELS OF THE NAVY. 131 SEC. 1437. The President may detail, temporarily, three iC e^ c f er W ar 8 D V ~ competent naval officers for the service of the War Depart- P C artment. ar ineiit in the inspection of transport vessels, and for such 12 Feb 3 - 3 ^ 2 ' 1862 ' v - other services as may be designated by the Secretary of War. SEC. 1529. The vessels of the Navy of the United States Title is, chap, e. shall be divided into four classes, and shall be commanded Four classes; as nearly as may be as follows : *^ ir comm a n d- First rates, by commodores; second rates, by captains; July IG, 1862, s. third rates, by commanders ; fourth rates, by lieutenant- 3> Vt 12 ' p 583p commanders. SEC. 1530. Steamships of forty guns or more shall be j^ classed as first rates, those of twenty guns and under forty 5, vlrf as second rates, and all those of less than twenty guns as third rates. SEC. 1531. The vessels of the Navy shall be named by Rule for nam- the Secretary of the Navy, under the direction of the Presi- m |i ar . 3, 1319, 8 . dent, according to the following rule : i,v.;j P .538 ; June Sailing-vessels of the first class shall be named after thep 319 ' ' ' States of the Union, those of the second class after the rivers, those of the third class after the principal cities and towns, and those of the fourth class as the President may direct. Steamships of the first class shall be named after the States of the Union, those of the second class after the rivers and principal cities and towns, and those of the third class as the President may direct. SEC. 1532. Care shall be taken that not more than one TWO vessels vessel in the Navy shall bear the same name. samename* Idem. SEC. 1533. The Secretary of the Navy may change the Names of pur- names of any vessels purchased for the Navy by authority cl Tug.7i86i 8 Of law. 2,v.l!,p.'316. ' SEC. 1534. The President is authorized to keep in actual Vessels kept m service in time of peace, such of the public armed vessels " as, in his opinion, maybe required by the nature of the 2 service, and to cause the residue thereof to be laid up in ordinary in convenient ports. That the Secretary of the Navy be, and is hereby, author- Aug. a, 1894. ized and empowered to loan temporarily to any State, upon 28 stat. L., 219. the written application! of the governor thereof, a vessel vewdT'et'c' of the Navy, to be selected from such vessels as are not may be lent to suitable or required for general service, together with such ?tc. to8 of her apparel, charts, books, and instruments of naviga- B. s., sec. 1534. tion as he may deem proper; C h. U 339 (fVuJp K.S.,25). said vessel to be used only by the regularly organized - howtobeu8ed - naval militia of the State for the purposes of drill and instruction: Provided, That when the organization of the naval militia " to be of such State shall be abandoned, or when the interests of the naval service shall so require, such vessel, together with her apparel, charts, books, and instruments of navigation, shall be immediately restored to the custody of the Secre- tary of the Navy : 132 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. bedeane P rov ^ e ^ further, That when such loan is made to _to be add i- the governor of any State, the Secretary of the Navy is allowed by la " authorized to detail from the enlisted force of the Navy a Mar. 3, i893, ch. sufficient number of men. not exceeding six for any vessel, P !lh par - 8l an *' as ship-keepers, the men so detailed to be additional to the number of enlisted men allowed by law for the naval establishment, -how to be BC- and in making details for this service preference shall be given to those men who have served twenty years or more in the Navy. HOW officered SEC. 1535. Vessels in actual service, in time of peace, shall l> e officered and manned as the President may direct, sub- ject to the provisions of section fifteen hundred and twenty- nine. Cruising to as- SEC. 1536. The President may, when the necessities of navigators! * * the service permit it, cause any suitable number of public 5 De - g 22 ' 1 * 37 ' v< vessels adapted to the purpose to cruise upon the coast in the season of severe weather and to afford such aid to dis- tressed navigators as their circumstances may require; and such public vessels shall go to sea fully prepared to render such assistance. Patented arti- SEC. 1537. No patented article connected with marine wit^marine^n- engines shall hereafter be purchased or used in connection si j e i^i8 i86i s w *kh ailv s teani-vessels of war until the same shall have 3, V u i2, p.268. )8 'beeu submitted to a competent board of naval engineers, and recommended by such board, in writing, for purchase and use. supp. R. s.,voi. For making plans, examining and preparing the ground 2 ' Model tank for and other ,preliminary work toward the construction of a experiments, model tank, with all buildings and appliances, to be built upon the grounds of the navy yard at Washington, District of Columbia, under the Bureau of Construction and Repair of the Navy Department, which shall conduct therein the work of investigating and determining the most suitable and desirable shapes and forms to be adopted for United States naval vessels, seven thousand five hundred dollars: Experiments Provided, That upon the authorization of the Secretary e* ld 'of the Navy experiments may be made at this establish- ment for private shipbuilders, who shall defray the cost of material and of labor of per diem employees for such experi- ments: results conn- And provided further, That the results of such private experiments shall be regarded as confidential and shall not be divulged without the consent of the shipbuilder for whom they may be made. * * Repairs on hull SEC. 3538. Not more than three thousand dollars shall al Feb p 2i 8 'i86i, s. be expended at any navy-yard in repairing the hull and llA ''i^!kn 47 ' 5 8 P ar8 f anv vesse l until the necessity and expediency of i882, 6 and Mar. 3^ such repairs and the probable cost thereof are ascertained and reported to the Navy Department by an examining board, which shall be composed of one captain or com- mander in the Navy, designated by the Secretary of the Navy, the naval constructor of the yard where such vessel may be ordered for repairs, and two master workmen of said yard, or one master workman and an engineer of the VESSELS OF THE NAVY. 133 Navy, according to the nature of the repairs to be made. Said master workmen and engineer shall be designated by the head of the Bureau of Construction and Eepair. SEC. 1539. Not more than one thousand dollars shall be a Repairs on sails expended in repairs on the sails and rigging of any vessel, a ialm ging ' until the necessity and expediency of such repairs and the 18 ^ e an ^^ r > estimated cost thereof have been ascertained and reported isssl to the Navy Department by an examining board, which shall be composed of one naval officer, designated by the Secretary of the Navy, and the master rigger and the master sail-maker of the yard where such vessel may be ordered. SEC. 1540. The President may direct any armed vessel un | a t le t f ^ e e as f e 8 of the United States to be sold when, in his opinion, such paired.^ vessel is so much out of repair that it will not be for the 3) ^ P J,' p!'^ 06 ' 8 ' interest of the United States to repair her. ee ? ote ,Koo 066 -A.Uff.5, 1KS'_, and Mar. 3, 1883. SEC. 1541. The Secretary of the Navy is authorized and ice s e of |J directed to sell, at public sale, such vessels and materials and materials, of the United States Navy as, in his judgment, cannot be 2,^17 '.p^iw! 2 ' 8< advantageously used, repaired, or fitted out; and he shall, 18 |f f n f M |^ | at the opening of each session of Congress, make a full igs-T. an report to Congress of all vessels and materials sold, the p^ert S a ndnia f parties buying the same, and the amount realized there- teriais," sec. from, together with such other facts as may be necessary 3618 - to a full understanding of his acts. It shall also be the duty of the Secretary of the Navy, Aug. 5, issa. as soon as may be after the passage of this act, to cause to Examination be examined by competent boards of officers of the Navy, ^.JJJJiTBfta to be designated by him for that duty, all vessels belong- stat.H.,' p. m ing to the Navy not in actual service at sea, and vessels at a tion a act p ] propri sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their return from foreign stations, and all vessels iri the United States as often as once in three years, when practicable; and said boards shall ascertain and report to the Secretary of the Navy, in writing, which of said vessels are unfit for further service, or, if the same are unfinished in any navy-yard, those which cannot be finished without great and dispro- portionate expense, and shall in such report state fully the grounds and reasons for their opinion. And it shall be the duty of the Secretary of the Navy, if he shall concur in opinion with said report, to strike the name of such vessel or vessels from the Navy .Register and report the same to Congress. It shall be the duty of the Secretary of the Navy to cause Mar. 3, isss. to be appraised, in such manner as may seem best, all ves- 22 stat. L., 582. sels of the Navy which have been stricken from the Navy Register under the provisions of the act making appropria- tious for the naval service for the fiscal year ending Junech. 391, 3.2. thirtieth, eighteen hundred and eighty-three, and for other purposes, approved August fifth, eighteen hundred and eighty- two. And if the said Secretary shall deem it for the best interest of the United States to sell any such vessel or Note l.A vessel condemned for naval purposes can not be exchanged for another, notwithstanding the change might be of advantage to the public service. (Op., XIV, 368.) 134 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. veSSs 01 s n f ' h vessels, he shall, after such appraisal, advertise for sealed k s.', sees. 1540, proposals for the purchase of the same, for a period uot less than three months, in such newspapers as other naval ad- vertisements are published, setting forth the name and location and the appraised value of such vessel, and that the same will be sold, for cash, to the person or persons or corporation or corporations offering the highest price there- for above the appraised value thereof; and such proposals shall be opened on a day and hour and at a place named in said advertisement, and record thereof shall be made. The fcri n k5S? nt8 Secretary of the Navy shall require to accompany each bid or proposal a deposit in cash of not less than ten per centum of the amount of the offer or proposal, and also a bond, with two or more sureties to be approved by him, condi- tioned for the payment of the remaining ninety per centum of the amount of such offer or proposal within the time fixed in the advertisement. And in case default is made in the payment of the remaining ninety per centum, or any part thereof, the Secretary, within the prescribed time thereof, toj>e resold in shall advertise and resell said vessel under the provisions of this act. And in that event said cash deposit of ten per -deposit to bo centum shall be considered as forfeited to the Government, and shall be applied, first, to the payment of all costs and expenditures attending the advertisement and resale of said vessel; second, to the payment of the difference, if any, between the first and last sale of said vessel; and the bal- -without prej a- ance, if any, shall be covered in to the Treasury: Provided, however, That nothing herein contained shall be construed to prevent a suit upon said bond for breach of any of its con- ditions. Any vessel sold under the foregoing provisions when to be de- ghall be delivered to the purchaser upon the full payment chaser. to pur "to the Secretary of the Navy of the amount of such pro- posal or offer; and the net proceeds of such sale shall be covered into the Treasury. But no vessel of the Navy shall hereafter be sold in any other manner than herein provided, or for less than such appraised value, unless the President of the United States shall otherwise direct Removal of con- i u writing. [In case any vessel now in process of coustruc- demned vessel*. ... -i -i i < Mar. 3. 1883, s. tion in any navy-yard has been or shall be found to be p. unwO rthy of being completed, and has been and shall be condemned under the provisions of said act, and cannot properly be sold, and it becomes necessary to remove the same, the cost of such removal shall be paid out of the net proceeds derived from the sale of other vessels hereby authorized to be sold.] That no part of this sum [appropriation for preservation vessels. of vessels, etc.] shall be applied to the repairs of any wooden stat ar L 3 ; 'jfVe 2 sni P when the estimated cost of such repairs, to be appraised [Naval a'ppropri- by a competent board of naval officers, shall exceed twenty per centum of the estimated cost, appraised in like manner, of a new ship of the same size and like material : Provided further, That nothing herein contained shall deprive the Secretary of the Navy of the authority to order repairs of ships damaged in foreign waters or on the high seas, so far as may be necessary to bring them home. VESSELS OF THE NAVY. That no part of said sum [appropriation for repairs of Restriction on machinery, etc.| shall be applied to the repair of engines J?SeV, r etc. ot and machinery of wooden ships where the estimated costs st JJ l L ^/J??' 22 of such repair shall exceed teii per centum of the estimated cost of new engines and machinery of the same character and power, but nothing herein contained shall prevent the repair or building of boilers for wooden ships, the hulls of which can be fully repaired for ten per centum of the esti- mated cost of a new ship of the same size and material. SEC. 1552. The Secretary of the Navy may establish, at Tltlel5 > cha P- 7 - such places as he may deem necessary, suitable depots of coal depots, coal, and other fuel, for the supply of steamships of war. 7, v^5 g P 3 577 842 ' 8 ' SEC. 4293. The President is authorized to employ so Title 48, chap, s. many of the public armed vessels as in his judgment the public vessels service may require, with suitable instructions to the com- JJc 8U ^pf ra Jy" manders thereof, in protecting the merchant- vessels of the sfcve Trade, etc.! United States and their crews from piratical aggressions 131 ^ " 1 ^ 8 and depredations. i,v. s, p. 510 ; Jan! 30, 1823, v. 3, p. 721. See also act of Aug. C, 1894, amending sec. 5365 and 5366, Ti- tle Merchant Vessels, denning crimes at sea. SEC. 4686. The President is authorized, for any of the Title w- purposes of surveying the coast of the United States, to Power to em- cause to be employed such of the public vessels in actual p Xb ve io e i807, s. service as he deems it expedient to employ, and to give3,v.2,p.4i4 ; Apr. such instructions for regulating their conduct as he deems P 4 425 8>1 ' v ' 3 ' proper, according to the tenor of this Title. vey, Division IV. The Secretary of the Navy, to promote nautical educa- Jnne 2 > 1874 - tion, is hereby authorized and empowered to furnish, upon is sta^L., 121. the application in writing of the Governor of the State, a 25 Supp - R< Si>p - suitable vessel of the Navy, with all her apparel, charts, Secretary of books, and instruments of navigation, provided the can be spared without detriment to the naval service, oo8 be used for the benefit of any nautical school, or school or 8C see 8 ' Naval college having a nautical branch, established at each or any ^ n d i emy ' Divi " of the ports of New York, Boston, Philadelphia, Baltimore, Norfolk, San Francisco, Wilmington, Charleston, Savannah, Mobile, New Orleans, Baton Rouge, Galveston, and in Nar- ragansett Bay, upon the condition that there shall be main- condition. tained, at such port, a school or branch of a school for the Note 2. In naval "parlance," " cruise " means the whole period between the time when a vessel goes to sea and when she returns to the place where her crew is paid off ami she is put out of commission. (Op., IX, 375, July 27, 1859, Black.) Government vessels are not required to employ and pay branch pilots upon enter- ing the ports and harbors of the United States. The exemption extends to all pub- lic vessels, whether armed or not. (Op., IV, 532, Sept. 9, 1846, Mason.) The penalties imposed by State laws for piloting vessels without due license from the State have no application to persons employed as pilots on board public vessels of the United States, the latter vessels being within the exclusive jurisdiction of the United States. (Op., XVI, 647, Oct. 22, 1879.) The term "public vessels" does not apply to vessels of the Navy alone. Within the meaning of the inspection and navigation laws public vessels are those owned by the United States and those used by them for public purposes. Those laws war rant no distinction between public vessels under the control of the Navy Depart- ment and public vessels under the control of any other Department of the Government. Unlicensed pilots and engineers can bo lawfully employed on them. (Op., XIII, p. 249, Hoar, June 1, 1870.) 136 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. instruction of youths in navigation, seamanship, marine enginery and all matters pertaining to the proper construc- tion, equipment and sailing of vessels or any particular branch thereof: And the President of the United States is hereby authorized, when in his opinion the same can be officersof Navy done without detriment to the public service, to detail I s ay hfatewJtors! proper officers of the Navy as superintendents of, or in- etc., for nautical gtructors in, such schools : Provided, That if any such Bwton&km of school shall be discontinued, or the good of the naval serv- ve sc^ooisnotfori ce shall require, such vessels shall be immediately restored penal purposes, to th e Secretary of the Navy, and the officers so detailed i8 J p n i2i?'Mlr.' si recalled: And provided further, That no person shall be 1881,' v.2i, p. 505.' sentenced to, or received at, such schools as a punishment or commutation of punishment for crime. June 14, 1879. That the Secretary of the Navy be, and he is hereby, vessels or authorized, in his discretion, at the request of the National fcitoforqmaMB-3 oar a o f Health, to place gratuitously, at the disposal of 1 Ju5ei^i879,v. the commissioners of quarantine, or the proper authorities 21, P . 50. at an y O f the ports of the United States, to be used by them temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required for other uses of the national government, subject to such restrictions and regulations as the said Secretary may deem necessary to impose for the preservation thereof. jane 20, 1874. * * * whenever any vessel of the United States has Eeport of acci- sustained or caused any accident involving the loss of life, vessels etc '' to tne material loss of property, or any serious injury to any june2o, 1874, s. person, or has received any material damage affecting her 10 see 1 notes fand seaworthiness or her efficiency, the managing owner, agent, 4. or master of such vessel, shall within five days after the happening of such accident or damage, or as soon there- after as possible, send, by letter to the collector of customs of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and prob- able occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo 5 and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars." * * * Note 3. The above act is regarded as applying to vesselH of the Navy, and a report should be made as indicated, in case of loss or accident, to the collector, from whom the necessary blanks can be procured. Note 4. Where the fault is wholly on one side, the party in fault must bear his own loss, and compensate the other party, if such party have sustained any damage. If neither be in fault, neither is entitled to compensation from the other. If both are in fault, the damages will be divided. (Otto, S. C., 102, p. 203.) THE VOLUNTEER SERVICE. 137 VOLUNTEER SERVICE. Sec. Sec. 1411. Acting assistant surgeons. Acting assistant surgeons allow 1412. Credit for volunteer service. only in case of war. 1559. Pay of volunteer service. Credit for continuous service. 1600. Credit to marine officers for volun- teer service. SEC. 1411. The Secretary of the Navy may appoint, for Title is, chap, i. temporary service, such acting assistant surgeons as the. Acting assist- exigencies of the service may require, who shall receive the "j^^JgTQ 8 compensation of assistant surgeons. 13, v. y i6,'p. sal- Mar. 3, 1865, s. 6, v. 13, p. 539. See Feb. 15. 1879. SEC. 1412. Officers who have been, or may be, transferred from the volunteer service to the Regular Navy shall be i credited with the sea service performed by them as volunteer 3) J; g' 8 - officers, and shall receive all the benefits of such duty in 'seeAug.5,i882, the same manner as if they had been, during such service, aD r ' 8> 1883 ' in the Regular Navy. SEC. 1559. When a volunteer naval service is authorized Title 15, chap. 8. by law, the officers therein shall be entitled to receive the Pay volunteer same pay as officers of the same grades, respectively, in the se j u iyi6, 1862, s. Eegular Navy. 20, v. 12, p. 587.' SEC. 1600. All marine officers shall be credited with the Titiei5, chap. 9. length of time they may have been employed as officers or credit to ma- enlisted men in the volunteer service of the United States. ri ^ a f^ e - 67 s 3, v. 14^ p] 516. ' That from and after the passage of this act, the Secre- Feb - 15 > 1879 - tary of the Navy shall not appoint acting assistant sur- Acting geons for temporary service, as authorized by section four- Ui y in teen hundred and eleven, Revised Statutes, except in case - e nc of war. And all officers of the Navy shall be credited with the Mar. 3, isss. actual time they may have served as officers or enlisted creditfo men in the regular or volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in Aug. 5,1882^22 all respects in the same manner as if all said service hadS; sTdfes?^ been continuous and in the Regular Navy in the lowest s ^^& p of^-' ine grade having graduated pay held by such officer since last for 1 regular 53u entering the service: Provided, That nothing in this clause u ^[ c r e and other shall be so construed as to authorize any change in the 19 c.'cu., eii, dates of commission or in the relative rank of such officers: lll^c'.wl'uo'- Provided further, That nothing herein contained shall be fcocta.,9o,'i8ij construed as to give any additional pay to any such officer issu.'i.',^. 249 ' during the time of his service in the volunteer army or navy. See t6 2 - Note 1. An act approved Feb. 15, 1879, v. 20, p. 294, abolished the volunteer Navy of the United States; providing for the transfer of some of them to the Regular Navy. Mates were not considered as coming within its provisions. Note 2. Credit for volunteer service under section 1412 of the Revised Statutes "as an acting third assistant engineer, is of no benefit to the officer, so far as regards promotion to, or pay in, the grade of passed assistant engineer in the Regular Navy ; " can not be used to make up the period of sea service required for promotion from the grade of second or assistant engineer to that of first or passed assistant. (Op., June, 1882. Webster's Case.) This provision (sec. 1412) was designed to give the transferred officers the free benefit of their former sea service, in so far as it might go to complete the period of such service required in their respective grades previous to examination for promo- tion, and in so far as it ought properly to be taken into account in the matter of assignment to duty, and it confers no advantages beyond these. A volunteer officer 138 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 'WARRANT OFFICERS. Sec. 1405. Number and appointment of. 1406. Title. 1407. Promotion of seamen to warrant officers. 1409. Not to discharge from enlistment. 1416. Gunners as keepers of magazines. Sec. 1417. Preference to enlisted boys. 1438. As naval storekeepers. 1439. Bonds as storekeepers. 1491. Rank. 1556. Pav. Title 15, chap. i. SEC. 1405. The President may appoint for the vessels in Nnmbe 7 aild actual service, as many boatswains, gunners, sailmakers, appointment of. and carpenters as may, in his opinion, be necessary and 3, A v pr 2 2J 'p 18 3 6 9o 8 ; proper. Aug. 4, 1842, s. 1, v. 5, p. 500; Mar. 3,1847,s.l,v.9,p. 172. juiv 2 1864 s SEC. 1406. Boatswains, gunners, carpenters, and sail- 2, v. 13, p. 373. ' makers shall be known and shall be entered upon the Naval - Register as " warrant officers in the naval service of the cers, Title "Re- United States." tirement. seainen 0t to n war f ^EC. 1407. Seamen distinguishing themselves in battle, rant officers. or by extraordinary heroism in the line of their profession, 3) ^iJ ) p% 1 9 864 ' 8 -may be promoted "to forward warrant officers, upon tlie recommendation of their commanding officer, approved by the flag- officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hun- dred dollars and a medal of honor, to be prepared under the direction of the Navy Department. dSl?|e. not to SEC - I 409 - Tlie rating of an enlisted man as a mate, or May i7,'i864, s. his appointment as a warrant officer, shall not discharge Mar.'?, 1 ikes,' 8 7 3, ; him from his enlistment. v. 13, p! 539. ' ke?pers e of ma a g 8 SEC. 1416. The Secretary of the Navy is authorized, when azines. in his opinion the public interest will permit it, to discon- i,^9f P 10 9'8 1846 ' 8 ' tinue the office or employment of * * * the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners. Preference in g EC> 1417. * * * In the appointment of warrant to ap officers in the naval service of the United States, preference 2 et i C 879 sual * be g ive11 to men wno nave been honorably discharged v.2i,p.3. ' ' upon the expiration of an enlistment as an apprentice or boy, to serve during minority, and re-enlisted within three eenotei. mon t n8 a ft e r such discharge, to serve during a term of three or more years : Provided further. That nothing in this act shall be held to abrogate the provisions of section four- teen hundred and seven of the Revised Statutes of the United States. transferred to the Regular Navy is not entitled to hold a commission dated ns of the date of his volunteer commission, but he must take his place upon the Register accord- ing to the rank given him by his commission as an officer of the Regular Navy. (Op., XIV, 191, 358, and A up. 11, 1881; Gen. Order 275.) Toentitle an officer to credit for sea service, under the act of March 2, 1867, he must have been in the volunteer Navy at the time <>t his appointment to the Regular Navy. Where he ceased to be an officer in the volunteer Navy prior to such appointment, however brief the interval, he does not come within the provisions referred to. (Op., XIV, 142, Nov. 20, 1872. Gray's Case.) The act of March 3, 1883, supra, is to be considered in connection with the fore- going opinions which were rendered prior to its passage. Note 1. See act August 1, 1894, extending provisions of law relating to retirement of warrant officers to officers now serving as mates in Navy, Title "Mates." WARRANT OFFICERS IN THE NAVY. 139 SEC. 14)8. The Secretary of the Navy shall order a suit- Title is, chap. 2. able commissioned or warrant officer of the Navy, except Acting as store- in the case provided in section fourteen hundred and four- k jJ2"i7 1 ig44 teen, to take charge of the naval stores for foreign squad- * 1, v. 5, p. 700 \ rons at each of the foreign stations where such stores may ^S^'nlf 7 ' 8 ' 3 ' be deposited, and where a store-keeper may be Iiecessar y- u ^ 1 e el ? e n a 1 * 1 ai storekeepers, SEC. 1439. Every officer so acting as store-keeper on a jJJJjJ 8 ";- 18 foreign station shall be required to give a bond, in such 8 . i.'^s, p*. Too. 44 ' amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty. SEC. 1491. The President may, if he shall deem it con- Title is, chap. 4. ducive to the interests of the service, give assimilated rank Rank, to boatswains, gunners, carpenters, and sailmakers, as f bl- ^"l? 13 ^' p /JJ |{: lows: After five years' service, to rank with ensigns, and. Mar. 3, ISSS/P.K! after ten years 7 service to rank with lieutenants of the junior '' p> 472 ' grade. SEC. 1556. * * * Boatswains, gunners, carpenters, and Title is, chap. 8. sail-makers, during the first three years after date of ap- Pay. pointment, when tit sea, one thousand two hundred dollars; 3i v U i6, p 5 '33 8 2 70 ' 8 on shore duty, nine hundred dollars; on leave, or waiting- orders, seven hundred dollars; during the second three years after such date, when at sea, one thousand three hun- dred dollars; on shore duty, one thousand dollars; onleave, or waiting orders, eight hundred dollars; during the third three years after such date, when at sea, one thousand four hundred dollars; on shore duty, one thousand three hun- dred dollars; on leave, or waiting orders, nine hundred dollars ; during the fourth three years after such date, when at sea, one thousand six hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, one thousand dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. 140 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. DIVISION II. MATURE CORPS. ORGANIZATION, ETC. Sec. 1135. Camp equipage of detachments serving with the Army. 1143. Rations to detachments serving with Army. 1342. Art. of War 78. Association with Army on courtsinartial. 1342. Art. of War 122. Command when different corps join. 1421. Transfer of enlisted men from Army. 1596. Xumber of. 1597. What commissions and promotions not affected by number fixed. 1598. Staff 1 . 1599. QualificatioTis for appointment. 1600. Credit for volunteer service. 1601. Rank of commandant. 1602. Staff rank. 1603. Relative rank with the Army Judge-Advocate-Geueral. Sec. 1604. Brevets. [1209-11-12-04, Army.] 1605. Advancement in number. 1606. Promotion when grade is full. 1607. Promotion for gallantry. 1608. Enlistments. 1609. Oath. 1342. Art. 2. Oath. 1610. Exemption from arrest. 1611. Companies and detachments. 1616. Services on armed vessels. 1617. Marine officers not to command navy-yards or vessels. 1618. Marines substituted for landsmen. 1619. Duty on shore. 1620. Regulations. 1621. Subject to laws governing the Xavy, except when serving with the Army. Act Jan. 28, 1893. Post-traders. 1624. Desertion by resignation. Title 14, chap, i. SEC. 1135. The officers of the Quartermaster's Depart supplies To m ent shall, upon the requisition of the naval or marine deUcVnnents 1 " 10 on ^ cer commanding any detachment of seamen or marines Dec. 15, ISM, ss. under orders to act on shore, in co-operation Avith land i,2,v.3,p.i5i. troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together with transportation for said offi- cers, 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. taSfmSta^fth SEC ' 1143< The officers of tlie Subsistence Department the Army. shall, upon the requisition of the naval or marine officer Dec. 15, 1814, 1, v. 3, p. 151. commanding any detachment of seamen or marines under orders to act on shore, in co-operation with the land troops and during the time such detachment is so acting or pro- ceeding to act, furnish rations to the officers, seamen, and marines of the same. Title 14, chap. 5. SEC. 1342. ART. of WAR 78. Officers of the Marino Marine and Corps, detached for service with the Army by order of the offirer8 r a8\o I c^^ >res ^ den ^' ma y ^ e associated with officers of the Regular ated on courts. Army on courts-martial for the trial of offenders belonging 8.2, u v!4,p7i:{ 8 ' {4 ' to tne Regular Army, or to forces of the Marine Corps so detached j and in such cases the orders of the senior officer of either corps, who may be present and duly authorized, shall be obeyed. 3. 1342. ART. of WAR 122. If, upon marches, guards, happen to join, or in quarters, different corps of the Army happen to join 27 , "'12, p 8G 736! or do dut y to ethcr > the officer highest in rank of the 'line Mar. 3, 1863,'s- 25,' of the Army, Marine Corps, or Militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case. MARINE CORPS, ORGANIZATION, ETC. 141 SEC. 1421. Any person enlisted in the military service of Title 15 > cha P * the United States may, on application to the Navy Depart- Transfer from ment, approved by the President, be transferred to the " e rS y to naval Navy or Marine Corps, to serve therein the residue of his July 'i, 1864, 8 . term of enlistment, subject to the laws and regulations for 1 ' V - 13 -P- 342 - the government of the Xavy. But such transfers 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. SEC. 1596. The Marine Corps of the United States shall "tie is, chap, e. consist of one commandant, icith the rank and pay of a colo- Number of. nel, one colonel, two lieutenant-colonels, four majors, one^^'p 86 ^,?: adjutant and inspector, one paymaster, one quartermaster, Mr. 2, jje?,^^ two assistant quartermasters, twenty captains, thirty first e, 1874, v. ; i8p! lieutenants, thirty second lieutenants, one sergeant-major, 58 s ee notei one quartermaster-sergeant, one drum-major, one principal musician, two hundred sergeants, two hundred and twenty corporals, thirty musicians for a band, sixty drummers, sixty fifers, and twenty-five hundred privates. * * * Provided, That the office of commandant of the JuneC > 187 *- Marine Corps having the rank of a brigadier-general of the is stat. L., ss. Army shall continue until a vacancy shall occur in the same, io Supp ' K< s>1 p * and no longer ; (2) and when such vacancy shall occur in said h ^^ Ka ^f tof office, immediately thereupon all laws and parts of lawsKepeafofiawflx- creating said office shall become inoperative, and shall, by Sdfer*generai riK " virtue of this act, from thenceforth be repealed. see note 2. SEC. 1597. The provisions of the preceding section shall not preclude the advancement of any officer to a higher Ky promotion. 8 grade for distinguished conduct in conflict with the enemy, 2 r * or for extraordinary heroism in the line of his profession, j* as authorized by sections sixteen hundred and five and six- JV'ises, 6 ? ; 2, a v . teen hundred and seven. islp.424. ' And from and after the passage of this act there shall be Jan. so, isss. no appointments, except by promotion, to fill vacancies supp., 1374- occurring in the list of commissioned officers of the Marine ^Appointments Corps until the number of such officers shall have been in the Marine reduced, by casualties or otherwise, below seventy-five as c j r une ll 3o, te i876, fixed by the act approved June thirtieth, eighteen hundred ch - l ^ u stat'. and seventy-six ; and after the number of officers shall b# iS repeals reduced as above provided, the whole number of commis- 8ec - 160L sioned officers on the active list in the Marine Corps shall not exceed seventy-five. SEC. 1598. The staff of the Marine Corps shall be sepa- ff- 2 1847 8 rate from the line. 3, v. 9, V 154'; June 30, 1834, s. 6, v. 4, p. 713. SEC. 1599. [Superseded by act of August 5, 1882, as fol- ^JESSR lows :] All the undergraduates at the Naval Academy shall i, o( 22 stat. L./P. Note I. The commandant is stationed at the headquarters of the Marine Corps, Washington, D. C. ; is responsible to the Secretary of the Navy for the general effi- ciency and discipline of the corps, aud under his direction issues, through the office of the adjutant and inspector of the corps, orders for the movement of officers and troops, and such general orders and instructions for their guidance as may be neces- sary. In the absence of the commandant on duty, the business of his office is con- ducted by the adjutant and inspector, as "by order of the commandant;" in case of his absence on leave, disability, retirement, or death, his duties are performed by the adjutant and inspector, as "by direction of the Secretary of the .Navy." Note 2. The office became vacant November 1, 1876, and the commandant A\ as appointed as provided by this act. 285. 142 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. hereafter be designated and called "naval cadets"; and cadets," not from those who successfully complete the six years' course shall hereafter be made as it is necessary to signed yearly to till vacancies in the lower grades of the line and engineer ; rp8 ' corps of the Navy and of the Marine Corps: And provided further, That no greater number of appointments into these grades shall be made each year than shall equal the num- ber of vacancies which has occurred in the same grades during the preceding year; such appointments to be made from the graduates of the year at the conclusion of their six years' course, in the order of merit, as determined by the academic board of the Naval Academy ; the assignment to the various corps to be made by the Secretary of the Navy upon the recommendation of the academic board. JSSStitSS^ SEC - 160 9- A11 marine officers shall be credited with the Mar. 2, 1867, s. length of time they may have been employed as officers or 3> seeAug 5 5,i882, enlisted men in the volunteer service of the United States. Division!, under Volunteer Serv- ice. n SEC. 1601. The commandant of the Marine Corps shall w have the rank and pay of a colonel, and shall be appointed Itat L L 293 5; 22 by selection by the President from the officers of said corps. Mar. 2, 1867, s. 7, v. 14, p. 517; June6, 1874, v. 18, p. 58. See note 3. staff rank. SEC. 1602. The adjutant and inspector, the paymaster, ^9? p.' 154?' Feb. and the quartermaster shall have the rank of major; each 27, is??, v. 19, p. 24. assistant quartermaster shall have the rank of captain. Relative^ rank SEC. 1603. The officers of the Marine Corps shall be, in W june C 3o 'mi re ^ a tion to rank, 011 the same footing as officers of similar s. 4, v. 4, p. Vis. ' grades in the Army. See 1466, Kank & and Precedence, Division I. June 8,1880. That the President of the United States be, and he is judge-advo- hereby, authorized to appoint, for the term of four years, cate-generai. fo v ail( j w ith the advice and consent of the Senate, from the officers of the Navy or the Marine Corps, a judge-advo- cate-general of the Navy, with the rank, pay, and allow- ances of a captain in the Navy or a colonel in the Marine Corps, as the case may be. And the office of the said ^ office in the judge- advocate-general shall be in the Navy Department, menT '*" where he shall, under the direction of the Secretary of the 2i J p n i 6 64 ch 8 129 ^ avv > receive, revise, and have recorded the proceedings ' of all courts-martial, courts of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and perform such other duties as have here- tofore been performed by the solicitor and naval judge- advocate-general. .1 mi.- 5, 1896. That the Act " to authorize the President to appoint an 29stat. L.,25i. officer of the Navy or the Marine Corps to perform" the ^supp. vol. '2, p. duties of solicitor and judge-advocate-general, and so forth, Navy. and to fix the rank and pay of such officer," approved June cat^-lene^aVs 6 ^ ^' eighteen hundred and eighty, is hereby amended pay. by inserting in said Act in lieu of the words "with the rank, . NoUS. See act of January 30, 1885, which practically repeals this section. MARINE CORPS, ORGANIZATION, ETC. 143 pay, and allowances of a captain in the Navy, or a colonel cb jl j (1 8 ' s lf 80 ' in the Marine Corps, as the case may be," the words " with K.S., 290). the rank and highest pay of a captain the Navy, or the R - s -349. rank, pay, and allowances of a colonel in the Marine Corps, as the case may be : " Provided, That this amendment shall take effect from _ to date from July nineteenth, eighteen hundred and ninety-two, the date i2. on which the present incumbent entered on duty, and that Became a law the amount herein appropriated shall be payable from the June 5 ' 1896 - appropriation " Pay of the Navy." SBC. 1604. Commissions by brevet may be conferred upon lo * chap ' 9t commissioned officers of the Marine Corps in the same ? revet , 8 - , . . ... . , Apr. ID, 1814, cases, upon the same conditions, and in the same manner H . 3, v. 3, P . 124; as are or may be provided by law for officers of the Army. ^vjyjJiJi 30, 1834, s. 9, v. 4, p. 713; July 6, 1812, s. 4, v. 2, p. 785; Mar. 1, 1869, s. 2, v. 15, p. 281 ; Mar. 3, 1869, s. 7, v. 15, p. 318; July 15, 1870, 8.-16, v. The following are the sections relating to the conferring Title 14,' chap. i. of brevets in the Army : Brevets. 6 ' 188 SEC. 1209. The President, by and with the advice and 4( y p 7 ' 85 A p 8 r : consent of the Senate, may, in time of war, confer commis- iM8i8^.2, v^p. sions by brevet upon commissioned officers of the Army, 8 . 2 ; v .i5,'p.'28i. ' for distinguished conduct and public service in presence of the enemy. SEC. 1210. Brevet commissions shall bear date from the 2 Ma 1, ises, s. particular action or service for which the officers were ' brevetted. SEC. 1211. Officers maybe assigned to duty or command 8 ^ sfp/Sf- according to their brevet rank by special assignment of Mar. 3,' iseo, .i', the President; and brevet rank shall not entitle an officer v-]5 ' p>318> to precedence or command except when so assigned. SEC. 1212. No officer shall be entitled, on account of Jiy is, ISTO, having been brevetted, to wear, while on duty, any tini- 8 ' >v ' ' p ' form other than that of his actual rank: and no officer shall be addressed in orders or official communications by any title other than that of his actual rank. SEC. 1264. Brevets conferred on commissioned officers Title ie, chap. s. .shall not entitle them to any increase of pay. Mar. 3. isea", v. 12, pi 758; Mar. 3, 1865, s. 9, v. 13, p. 488. Officers of the Army shall only be assigned to duty or Mar. s, isss. command according to their brevet rank when actually ~Mar. 3, ms, s. engaged in hostilities. 45 7 stat8 ' L- * p- SEC. 1605. Any officer of the Marine Corps may, by and Title 15, chap. 9. with the advice and consent of the Senate, be advanced Advancement not exceeding thirty numbers in rank, for eminent and in j n a n mb 24' 1865 conspicuous conduct in battle or extraordinary heroism, s. i,v! 13, P . 424' ; Apr. 21, 1864, s. 6, v. 13, p. 54. SEC. 1600. Any officer who is nominated to a higher grade by the provisions of the preceding section shall be 144 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. s ^ a is 24 ' 4 1 4 65 ' P rom ted, notwithstanding the number of said grade may be full, but no further promotion shall take place in that grade, except for like cause, until the number is reduced to that provided by law. J^motion lor Q^c. 1607. Any officer of the Marine Corps may, by and ga juiy iu,'i862,s. with the advice and consent of the Senate, be advanced jaiT'^isJs ft' one ra de, if> upon recommendation of the President by v.ia, pi 424.' ' name, he receives the thanks of Congress for highly distin- guished conduct in conflict with the enemy, or for extraor- dinary heroism in the line of his profession. Enlistments. SEC. 1608. Enlistments into the Marine Corps shall be July 11, 1870, ,, , , , ., ,, res. 106 v. 16, p. for a period not less than five years. 387. See notes 4 and 'oath. SEC. 1609. The officers and enlisted men of the Marine 4, v! l if p"!'595 98 ' 8 ' Corps shall take the same oaths, respectively, which are provided by law for the officers and enlisted men of the Army. Title u, chap. 5. g EC> 13^ ART. 2. " I, A B, do solemnly swear (or affirm) oath for en that I will bear true faith and allegiance to the United Il8 ja?i. n 29, n i8i3 .s. States of America; that I will serve them honestly and 13, v. 2, V 796 .faithfully against all their enemies whomsoever; and that fi"v.i 3 2, p 8 28i). 8 ' 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 commissioned officer of the Army. Title 15, chap. 9. S EC . 1610. Marines shall be exempt, while enlisted in Exempt ion said service, from all personal arrest for debt or contract. from arrest. June 30, 1834,s. 3, v. 4, p. 713; July 11, 1798, 8.5, 'companies and SEC. 1611. The Marine Corps may be formed into as de ju?y TUTU'S, s. many companies or detachments as the President may i, v. i, p. 594. direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. Title is, chap. . SEC. 1616. Marines may be detached for service on board Service on the armed vessels of the United States, and the President ar juiy v i Jf e i798, may detach and appoint, for service on said vessels, such 88.1.3, v.i/p. 595- of the officers of said corps as he may deem necessary. v.Vp.523. ' Note 4. It is not in the power of the Secretary [of War] to suspend the enlist- ment of a soldier, retaining the right to resume his proper control over him as an enlisted man at any definite or indefinite period. He may discharge him from the service according to the contract which is made by enlistment, but the right to sus- pend the contract does not exist upon the part ot the Secretary, even with the con- sent of the soldier. To use the language of Attorney-General Clifford (Op. 4, 538), "The executive department has discretionary authority to discharge before tin- term of service has expired, but has no power to vary the contract of enlistment." (Op., XV. 362, Devens, Sept. 4, 1877.) Note 5. Enlisted men serving within the United States can be discharged by order of the commandant on expiration of enlistment, in pursuance of the sentence of a general or summary court-martial, or by reason of unfitneas for service from causes properly ascertained. Special discharges are not issued by the commandant except in cases of urgent necessity, and when, in his opinion, such discharge will not be prejudicial to the interests of the service. The regulations for the recruiting service of the Army are applied, as far as prac- ticable, to the recruiting service of the Marine Corps. No person is enlisted or reenlisted other than as private, drummer, fifer, or apprentice. Marines will not be enlisted or discharged on foreign stations. MARINE CORPS, ORGANIZATION, ETC. 145 SEC. 1617. No officer of the Marine Corps shall exercise m jj command over any navy-yard or vessel of the United States, vee June 30, 1834, a. 4, v. 4, p. 713. SEC. 1618. The President may substitute marines for ^JS^lS 08 a * landsmen in the Navy, as far as he may deem it for the ' M&r.a, 1349, 8 . good of the service. * v> 9 ' p - 377> SEC. 1619. The Marine Corps shall be liable to do duty in the forts and garrisons of the United States, on the sea- 6, v. i', p. we. coast, or any other duty on shore, as the President, at his discretion, may direct. SEC. 1620. The President is authorized to prescribe such military regulations for the discipline of the Marine Corps as he may deem expedient. SEC. 1621. The Marine Corps shall, at all times, be sub- ject to the laws and regulations established for the govern- 1834 g nient of the Navy, except when detached for service with2,v.Tp.7i3;juiy the Army by order of the President; and when so detached p 1 ^ 98 ' 8l 4 ' v> 1( they shall be subject to the rules and articles of war pre- scribed for the government of the Army. Every military post may have one trader, to be appointed July 24> 1876t by the Secretary of War, on the recommendation of the jjf 1 *^ 8 ^ council of administration, approved by the commanding^ 19, p. 97.' officer, who shall be subject in all respects to the rules and see note 6. regulations for the government of the Army. That where a vacancy now exists or hereafter occurs in Jan - 28 > 1893 - the position of post trader at any military post it shall 2^stat. L., 426. not be filled, and the authority to make such appointment Po8t y t'rader- ie TiArphv f fvrmirmfpfl ships vacancies 3DVT not to be filled. Provided, That in the event of the death of a post trader his personal representative shall be allowed by the Secre- tary of War a reasonable time in which to close the busi- ness. That hereafter promotions to every grade of commis- July 28, 1*92. sioned officers in the Marine Corps below the grade of ' ^statL.,321 Commandant shall be made in the same manner and under {,."56?.'' the same conditions as now are or may hereafter be pre- scribed, in pursuance of law, for commissioned officers o fho A rm v R. S., sec. 1621. t tie Army. See note 8. Provided, That examining boards which maybe organ- bo ~ J^JU^ 1 ^ ized under the provisions of this act to determine the fit- gamzed. ness of officers of the Marine Corps for promotion shall in Pi 2 4 3 3 f * G ' Op " all cases consist of not less than five officers, three of whom Note 6. The Secretary of the Navy determines at what marine posts traders shall be allowed, and appoints them on the recommendation of the council of administra- tion, formed under Army Regulations, approved by the commanding officers of the post and the commandant of the station. Post traders are governed by the Army Regulations, and such orders as the com- mandant of the Marine Corps may issue. They can not keep, have, or sell spirituous liquors. (Order of the Secretary of the Navy, Mar. 16, 1883.) Post traders are subject to the regulations of the Army applicable to the occupa- tion or business carried on by them, in like manner, and to the same extent, that sutlers were. (Op., XVI, 658, Feb. 2, 1880. Phillips.) Note 7. Trading establishments at military posts are authorized by R. S., 1113. By 1876, July 24, 3 (1 Supp. R. S., 113), each post is to have one trader. As to post gardens and canteens now known as exchanges see 1890, June 13, ch. 423, pars. 23(1 Supp. R. S., 757), and 1892, July 16, ch. 195, par. 3, p. 37. Note 8. Examination, for promotion in the Army are regulated by 1890, Oct. 1, ch. 1241 (1 Supp. R. S., 811), as amended by 1892, July 27, ch. 269, p. 52. 376 10 146 LAWS KELATING TO THE NAVY, MARINE CORPS, ETC. shall, if practicable, be officers of the Marine Corps, seiiior to the officer to be examined, and two of whom shall be medical officers of the Navy: officers Provided further. That when not practicable to detail detailed, _,, .,' _ _. . ' f ^ i_ . i officers of the Marine Corps as members ot such examining boards, officers of the line in the Navy shall be so detailed. Title 15, chap.io. SEC. 1624, ART. 10. Any commissioned officer of the Navy or Marine Corps who, having tendered his resigna- > Q u its his post or proper duties without leave, and with may b when. Sec. 1624. . Aug. 5, 1861, s. intent to remain permanently absent therefrom, prior to 2, v. 12, p. 3i6. ^ ue no j ce o f ^-j ie acceptance of such resignation, shall be deemed and punished as a deserter. RETIREMENT. Sec. 1622. Retirement, as in the Army. Sec. 1623. Composition of board. RETIREMENT IN THE ARMY. Sec. 1243. Retirement upon officer's own ap- plication. 1244. After forty-five years, or at the age of sixty-two. Act June 30, 1882, Retirement after forty years' service. Amend- ments. 1245. For disability. 1247. Oaths of members. 1248. Powers and duties. 1249. Findings. 1250. Revision by the President. Sec. 1251. Finding of disability by incident of service. 1252. Disability not by an incident of service. 1253. Officers entitled to a hearing. 1254. Retired rank. 1255. Status of retired officers. 1256. Rights and liabilities. 1257. Vacancies by retirement. 1274. Pay In 1275. Wholly retired. Act March 3, 1875. Rank and pay. Title is, chap. 9. SEC. 1622. The commissioned officers of the Marine Corps Retirement, shall be retired in like cases, in the same manner, and with Aug. 3, i86i',88. the same relative conditions, in all respects, as are pro- 289;juiyi7j862', vided for officers of the Army, except as is otherwise 8.12, v. 12 p. 596; provided in the next section. Jan. 21, 187U, 8. 1, * v. 16, p. 62; July 15, 1870, s. 4, v. 16, p. 317; June 10, 1872, s. l.v.17, p. 378. Title 14, chp. 2. 1623 In cas6 of an officer of the Marine Corps, the Aug. 3, 1861, s. retiring board shall be selected by the Secretary of the Navy, under the direction ot the President. Two-fifths of the board shall be selected from the Medical Corps of the Navy, and the remainder shall be selected from officers of the Marine Corps, senior in rank, so far as maybe, to the officer whose disability is to be inquired of. The following sections relate to retirement in the Army: EC< 1243 ' w ^ en ai1 offi cer has served forty consecutive years as a commissioned officer, he shall, if he makes appli- j 5 uiy'i5 2 'i87o 2 S :ca ^ ou therefor to the President, be retired from active 4, 5, v. i6, p. si?, 'service and placed upon the retired list. When an officer i882, e and U Mar. 3 3,' nas been thirty years in service, he may, upon his own less! ' aplicatiou, in the discretion of the President, be so retired, and placed on the retired list. Note I. Retirement in the Marine Corps is governed by sees. 1622, 1623, R. S. ; i.e., officers are to be retired in like cases and in the same manner and " with the same relative conditions in all respects " as officers of the Army. Wholly retired, to receive one year's pay and emoluments ; otherwise retired, 75 per cent, of the pay of the "actual rank ' held by them at the time of retirement. (Op., XV, p. 442, Deveus, Jan. 31, 1878. Welles Case.) MARINE CORPS, ORGANIZATION, ETC. 147 SBC. 1244. When any officer has served forty-five years orv en as a commissioned officer, or is sixty- two years old, he may juiy el i7i8G2, be retired from active service at the discretion of the Presi- 12 see 12 june 6 '3o dent. 1882, and Mar. 3,' 1883. On and after the passage of this act when an officer has June so, issa. served forty years either as an officer or soldier in the reg- Retirement af- ular or volunteer service, or both, he shall, if he makeicein y o e wn 8 aT)pH- application therefor to the President, be retired from active cation. service and placed on the retired list, and when an officer compulsory a e t n 64 is sixty -four years of age, he shall be retired from active ^J*^* 6 ^ service and placed on the retired list. ch.254%.i'. Nothing contained in the above " shall be so construed Mar> 3> 1888 * as to prevent, limit or restrict retirements from active serv- 93 ^ ar { ice in the Army, as authorized by law in force at the date L.', p. 457. of the approval of said act," retirement under the provi- sions thereof " being in addition to those theretofore au- thorized by law." That all officers who have been appointed to any corps July 26, 1894. of the Navy after service in a different branch of the Navy, 23 stat. L., 123. shall have all the benefits of their previous service in the is^^o6-wff~ same manner as if said appointments were a re-entry into N vy longevity the Navy. pa Mar. 3, isss, cb. 97, par. 5 (1 Supp. E. S., 401) ; 151 U. S.,362; 152 U.S., 384. See note 2. SEC. 1245. When any officer has become incapable of I^figS^: performing the duties of his office, he shall be either retired ie, v. 12, p. 289.' from active service, or wholly retired from the service, by the President, as hereinafter provided. SEC. 1247. The members of said board shall be sworn Board and , . , , . , . , , powers and du- m every case to discharge their duties honestly and ties of. impartially. SEC. 1248. A retiring board may inquire into and deter- mine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of per- forming 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. 1249. 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. 1250. 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 disap- proval and orders in the case. SEC. 1251. When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, and such decision is approved by the President, said officer shall be retired from active service and placed on the list of retired officers. Note 2. See Titles "Line officers," "Engineer Corps," "Medical Corps," and 1 Pay Corps." 148 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. SEC. 1252. When the board finds that an officer is inca- pacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, the officer shall be retired from active service, or wholly retired from the service, as the President may determine. The names of officers wholly retired from the service shall be omitted from the Army Kegister. t?hearin ntitled ^ EC * 1253. Except in cases where an officer may be re- t() Aug. a 3 m il6i, s. tried by the President upon his own application, or by 17, v. 12, p. 290. 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. j^fne k io 1872, v. SEC. 1254. Officers hereafter retired from active service 17, p. 378;' Mar. 3, shall be retired upon the actual rank held by them at the ^J&Sti**. date of retirement. Au tU 3 1861 s ^ EC * ^55. Officers retired from active service shall be 16, v. ff i2,' p. 289 j withdrawn from command and from the line of promotion. July 17, 1862, s. 12, v. 12, p. 596. biiffi? 8 and lia " SEC< 1256< Officers retired from active service shall be Aug. 8, 1861, s. entitled to wear the uniform of the rank on which they is, v. 12, p. 290. mav k e retired. They shall continue to be borne on the Army Eegister, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof. y,^ 1 ?!- SEC. 1257. When any officer in the line of promotion is Ibid., 8. 16. ,.-!/. , . /v> 1 -i n i 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 ap- plied , successively, to the vacancies consequent upon such retirement. utie 14, chap. s. g EC< 1274. Officers retired from active service shall re- Pav. ceive seventy-five per centum of the pay of the rank upon 2/ " i6 5 'p 87 32o 8 : which they are retired. Mar.3,1875,'v.l8', p. 512. See Mar.3, 1875. See note 3. uis SEC. 1275. Officers wholly retired from the service shall 17, v. 12, p. 290.' 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. Mar, s, 1875. That all officers of the Army who have been heretofore Rank and pay retired by reason of disability arising from wounds received coudition e 8 ! ta[n iii 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 Note 3. An officer of the Army who is "retired from active service" is still in the military service of the United States, and, in addition to the percentage of pay of the rank on which he was retired, is entitled to the 10 per cent allowed by R. S. 1262, 1263 for each term of live years' service. (Otto, 105, 244, Tyler v. U. S. ; C. C., XVI, 223.) PAY, RATIONS, AND MILEAGE OF MARINE CORPS. 149 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 received in action: Provided, That no part of the foregoing act shall apply to those officers who had been in service as commissioned officers twenty- S3 s g Sd 4o? V ' five years at the date of their retirement; nor to those kar. a su895,'8. retired officers who had lost an arm or leg, or has an arm 2) seJ> 8 iu>te 4 2 ' 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 not withstanding the provisions of section two [one], chapter thirty-eight, act of March thirty, eighteen hundred and sixty-eight [ 1223] : 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 hiui at the time of his retire- ment; and that all acts or parts of acts inconsistent here- with be, and are hereby, repealed. PAY, RATIONS, AND MILEAGE OF THE MARINE CORPS. Sec. 1612. Pay of officers and enlisted mon. 1613. Pay of the band. Sec. 1615. Rations. Pay table. SEC. 1612. The officers of the Marine Corps shall be enti- Title is, chap. 9. tied to receive the same pay and allowances, and the Pay of Marine _____ Corps. Note 4. Under section 1253 an officer is entitled to appear before the board (with counsel, if desired), and to introduce testimony of his own, and cross-examine the witnesses examined by the board, including the medical members of the board who may have taken part in the medical examination and have stated or reported to the board the result of the same. If the officer does not elect to appear before the board when summoned, he waives the right to a hearing, and can not properly take exception to a conclusion arrived at in his absence. (Winthrop's Digest, p. 432.) A retired officer in the Army may draw his pay as sucn, and may also draw the salary of a civil office which he may hold under the Government (not diplomatic or consular), assuming always that the duties of the civil office are performed under and by virtue of a commission appointhighim to that office which he holds in addi- tion to his rank as a retired officer. (Op., XV, p. 306, June 11, 1877, Devens. See Op., XV, p. 407, Dec. 11, 1877, on the subject of retired officers accepting positions in the diplomatic or consular service.) the service only by a new appointment. He can not be reappointed to the retired An officer, on being wholly retired, becomes a civilian, and can be readmitted to list, but must first be appointed on the active list to a certain rank. None but a com- missioned officer on the active list of the Army can be placed on the retired list. A civilian can not. (Winthrop's Digest, p. 433; Op., XIV, 506.) The finding of a retiring board under sec. 1521 is in the nature of a recommenda- tion, and until it is " approved by the President" no retirement can be orderert thereupon. (Winthrop, 431.) It does not affect the authority to retire, that the incapacity of the officer may have resulted from a wound received by him while in the volunteer service before entering the Regular Army. (Idem.) Under section 1252 an officer may, in the discretion of the President, legally be retired by reason of incapacity resulting from habitual drunkenness. (Winthrop's Digest, p. 432.) Under section 1275 an officer wholly retired is entitled to receive a sum equal to the total of one year's pay and all the pecuniary allowances of an officer of his rank. The fact of being under a sentence of suspension from rank and pay does not affect his right to receive such full sum upon the retirement. (Winthrop's Digest, 432.) Held, that a retired officer of the Army, though not actively employed, was an "officer in the employment of the Government," in the sense of this statute. Sec. 1782, receiving compensation for services in matters in which the Government is interested. (Wiuthrop's Digest, p. 434.) Held, that retired officers of the Army, though relieved in general from active military service, were nevertheless, as a part of the Army, properly exempt from the public obligations peculiar to civilians, and were, therefore, no more liable than officers on the active list to be required to serve on juries. The question, however, of exemption is one for the determination of the courts. Advised, in such a case, that the officer appear before the court, in compliance with the summons, and there urge to the judge the objection arising from his military status to his serving on a civil jury. (Winthrop's Digest, 433.) 150 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Jmie3o,i834 s. enlisted men shall be entitled to receive the same pay and >, V. 4, p. /loj i j_ i T i i Aug. s, 1854, s. i, bounty for re-enlisting, as are or may be provided by or in v '*; pursuance of law for the officers and enlisted men of like oeeiaDies, post, * ,- / / j-i and note i. grades in the infantry of the Army. snpp. R. s.,voi. That all officers who have been or may be appointed to 2> benefit of pre- ^Y corps of the Navy or to the Marine Corps after service s service in a different corps of the Navy or of the Marine Corps shall eap have all the benefits of their previous service in the same 2 i' maiiner as ^ sa ^ appointments were a reentry into the ante, p. 20' ' Navy or into the Marine Corps. July 26, 1894. * * * That the pay of the drum major shall be the Marine Corps, same as that now established, or that may be hereafter m p .ay of drum- established, for first sergeants in the Marine Corps of the m Rs., sec. 1612. same length of service. Marine igQd.^ SEC. 1613. The marines who compose the corps of musi- i, v Ug io,' . s'geicians known as the " Marine band" shall be entitled to receive at the rate of four dollars a month, each, in addi- tion to their pay as non-commissioned officers, musicians, or privates of the Marine Corps, so long as they shall per- form, by order of the Secretary of the Navy, or other superior officer, on the Capitol grounds or the President's grounds. of en - SEC. 1615. The non-commissioned officers, privates, and 18 Tuiyi! e i797, s. 6. musicians of the Marine Corps shall, each, be entitled to ii nig 5 s 24 v J i u 5f receive one Navy ration daily. p. 595. ' 2 SU 5i7 R * S-> vol< ^- n( ^ nerea ^ er officers of the Marine Corps traveling under 'fiiieage to Ma orders without troops shall be allowed the same mileage c i "r\ C wTt 8 hout as * s now a ll we( l officers of the Navy traveling without troops. troops. * * R.S.,1566. June 30. 1876, ch. 159, par. 1 (1 Supp. R. S.,109). riS^ationiT*"* an( ^ no ^ aw sna ^ ^ e construed to entitle enlisted 'see note 2. marines on shore duty to any rations or commutation therefor other than such as .now are or may hereafter be allowed to enlisted men in the Army. * * No'law shall be construed to entitle enlisted marines on shore duty to any rations or commutation therefor other .. than such as now are or may hereafter be allowed to 1882,' July IB, enlisted men in the Army. ch. 195, par. 2, p. 37. See note 3. Rations to ma- Note 1. An officer in the Marine Corps, attached to a sea-going vessel, is not rine officers. entitled to the ration allowed by R. S., sec. 1578, to a naval officer so attached ; ho is, C. O., v. 18, p. by R. S., sec. 1612, subjected to the provisions of R. S., sec. 1269. The various stat- 625. Reid's Case, utes prior to the Revised Statutes regulating allowances of rations to officers of the Army, Navy, and Marine Corps are considered and examined in this opinion. Note 2. The same provision occurs in previous appropriation acts. See 1893, March 3, ch. 212, and 1894, July 26, ch. 165. NoteS. See 1893, March 3, ch. 212, par. 7, p. 131, for previous acts containing this provision. March 3, 1893, rations to enlisted men in the Army are fixed by R. S., sec. 1293, and 1892, July 16, ch. 195, par. 2, p. 37. PAY OP OFFICERS MARINE CORPS. 151 Pay table of officers as per sections following. Grades. Pay per an- num. Colonel commandant *O K(V) Colonel 3 500 3 000 Major (staff and line) 2 500 Captain and assistant quartermaster 2 000 Captain 1,800 1 500 Second lieutenant 1,400 See note 1 . Statutes relating to the Army which apply to the Marine Corps. PAY OF OFFICERS. Sec. 1261. Rates of pay. 12G2. - 1263. Not to exceed forty per centum 011 yearly pay. Sec. 1265. Pay during absence. 1267. Maximum of colonel's and lieuten- 1268. To be paid monthly. Longevity pay and retirement. 1269. Allowances. 1264. Brevets. I Pay table. SEC. 1261. The officers of the Army shall be entitled to Title 14, chap. 3. the pay herein stated after their respective designations: *#**### Colonel, three thousand five hundred dollars a year. Rates of paj. Lieutenant-colonel, three thousand dollars a year. S5?viW7,'. Major, two thousand five hundred dollars a year. J u ^ i|- STOPS' * * * * * * * 24, v. 16, p. 820*; Captain, mounted, two thousand dollars a year. lofp.^' 18 Captain, not mounted, eighteen hundred dollars a year. First lieutenant, mounted, sixteen hundred dollars a year. First lieutenant, not mounted, fifteen hundred dollars a year. Second lieutenant, mounted, fifteen hundred dollars a year. Second lieutenant, not mounted, fourteen hundred dol- lars a year. SEC. 1262. There shall be allowed and paid to each com- service pay. missioned officer below the rank of brigadier-general, in^v.ielp.S' 8 ' eluding chaplains and others having assimilated rank or l^ininl' is pay, ten per centum of their current yearly pay for each i878, e an d Juneso', term of five years of service. SEC. 1263. The total amount of such increase for length Mem. of service shall in no .case exceed forty per centum on the igT^ yearly pay of the grade as provided by law. 1882 ' Note 1. All officers below tbe rank of brigadier-general are entitled to ten per centum in addition to their current yearly pay as given above, for each and every period of five years' service: Provided, The total amount of such increase shall not exceed forty per centum of their current yearly pay : And provided further, That the pay of a colonel shall not exceed $4,500 per annum, and that of a lie itenant-colonel $4, 000 per annum. [Sec. 1267, R. S.] Officerson the retired listare entitled to seventy- five per centum of pay (salary and increase) of their rank, but no increase accrues for time subsequent to date of retirement. [Sec. 1254, "Retirement."] Note 2. Officers are not "mounted," so as to entitle them to the "pay, emolu- ments, and allowances of cavalrv officers of the same grade," when they are fur- nished by the Government with horses and equipments. (C. C., XVII, 132^.) Note 3. An officer's longevity pay is to be computed, not from the time of his entering West Point, but from the time when ho was commissioned second lieu- tenant. (C. C., XVI, 262. Babbitt's Case.) 152 LA.WS RELATING TO THE NAVY, MARINE CORPS, ETC. June is, 1878. Q n ail( j after the passage of this act, all officers of the Longevity pay, Army of the United States who have served as officers in ^jiSe iTi878%. tue volunteer forces during the war of the rebellion, or as 7,v.2o,p.i45. ' 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. June so, 1882. rpj je ac ua i time of service in the Army or Navy, or both, uting of shall ]JQ allowed all officers in computing their pay: Pro- Jof'ife, vided, That from and after the first day of July, eighteen staT'L 5 Vn8 22nuu( ^ re( ^ and eighty-two, the ten per centum increase for sec. 1274, re -length of service allowed to certain officers by section twelve hundred and sixty-two of the Eevised Statutes shall be computed on the yearly pay of the grade fixed by sec- tions twelve hundred and sixty-one and twelve hundred and seventy-four of the Eevised Statutes. Title u, chap. 8. SEC. 1264. Brevets conferred upon commissioned officers Brevets. shall not entitle them to any increase of pay. Mar. 3, 1863. v. 12, p. 758; Mar. 3, 1865, s. 9, v. 13, p.488. Pay during ab SEC. 1265. Officers when absent on account of sickness 86 Aug. 3, 1861, s. or wounds, or lawfully absent from duty and waiting orders, Ma/s^seS 8 2 3i :sna ^ receive faU Pay; when absent with leave, for other v. 12', p'. 736 ;'june causes, full pay during such absence not exceeding in the is! 1 p. 8 i45J "uiy aggregate thirty days in one year, and half-pay during such 15! i87o, 8/24, v. absence exceeding thirty days in one year. When absent ml' v ii,p ay 43 ; without leave, they shall forfeit all pay during such ab- J 9 ul .y ^ 1876, v! sence, unless the absence is excused as unavoidable. See July, 29, 1876. July 29, 1876. All officers on duty shall be allowed, in the discretion of Pay when ab- the Secretary of War, sixty days' leave of absence without 8e Mav s, 1874, v. deduction of pay or allowance : Provided, That the same is, p. 43 ;' July 29,' be taken once in two years : And provided further, That the 18 see n ote p 3 2 2 ' leave of absence may be extended to three months, if taken once only in three years, or four months if taken only once in four years. Title u, chap, s. SEC. 1267. In no case shall the pay of a colonel exceed Maximum offour thousand five hundred dollars a year, or the pay of a Ueutenant?coFo d - lieutenant-colonel exceed four thousand dollars a year. nel's pay. J uly 15, 1870, s. 24, T. 16, p. 320. See note 4. Note 3. This act, taken in connection with section 24 of the act of July 15, 1870, continued to Army officers on leave of absence (during the period for which such leave may be granted them thereunder "without deduction of pay or allowances") quarters in kind, but it did not authorize an allowance of commutation therefor. [See next note.J (Op., XVI, p. 619, Jan. 16, 1879. Phillips.) Where an officer, to whom leave of absence "without deduction of pay or allow- ances" has been granted, is at the time he takes his leave entitled to the allowance of commutation for quarters, this allowance must be deemed to bo continued to him, by force of that provision, whilst he is on leave of absence, though for a period not exceeding that for which the leave was granted thereunder. (Op., XVI, p. 577 ; Nov. 15,1880. Sevens.) Where a military officer i.s ordered to the headquarters of a department to await further orders, and pursuant to the order remains there for a long period performing no duty, he is nevertheless entitled to quarters or commutation of quarters. (C. C., XIV, p. 148. Lippitt v. U. S.) Note 4. A lieutenant-colonel retired is entitled to three-fourths of what he was entitled to receive when retired, and not three-fourths of allowances which he was debarred from receiving under this section. (C. C., X, p. 283. Robert's Case.) MILEAGE, PAY, ETC, MARINE CORPS. 153 SEC. 1268. The sums hereinbefore allowed shall be paid T be i )aid , , , TIT monthly. in monthly payments by the paymaster. ibid. SEC. 1269. No allowances shall be made to officers in addition to their pay except as hereinafter provided. Allowances. Ibid. See mileage, quarters, etc. Pay table of non-commissioned officers, etc., as per sections following. Grades. First pe- riod of 5 years' service. Second period of 5 years. Third period;of 5 years. Fourth period of 5 years. Fifth period of 5 years. Per mo. $93 Per mo. $27 Per mo. $28 Per mo. $29 Per mo. $30 Quartermaster-sergeant 23 27 28 29 30 2 26 27 28 29 22 26 27 28 29 17 21 22 23 24 Corporal 15 19 20 21 22 13 17 18 19 20 Privates 13 17 18 19 20 29 81 82 83 84 38 40 41 42 43 24 26 27 28 29 21 23 24 25 26 22 See note 1. MILEAGE, PAY, ETC. Sec. 1273. Mileage. 1280. Pay of enlisted men. 1281. Additional pay. 1282. Reenlistment pay. 1283. Service pay of men already in serv- ice. 1284. Reenlistment. 1285. Certificate of merit. Sec. 1286. Noncommissioned officers of Mexi- can war. 1287. Extra duty. 1288. During captivity. 1289. Travel pay to officers. 1290. Travel pay to soldiers. 1291. Soldiers' pay not assignable. e, T isss SEC. 1273. When any officer travels under orders, and Title 14, chap. 8. is not furnished transportation by the Quartermaster's De- Mileage. partment, or on a conveyance belonging to or chartered by July 15, ISTO. s. the United States, or on any railroad on which troops andjtiul'ie^s^v! supplies are entitled to be transported free of charge, he ^?\ shall be allowed eight cents a mile, and no more, for each j u iy mile actually traveled under such order, distances to be calculated by the shortest usually traveled route; and no payment shall be made to any officer except by a paymas- ter of the Army. Note 1. All enlisted men, except musicians of the band, serving on a first period of five years' service, are entitled to one dollar per month lor the third year, two dollars per month for the fourth year, and three dollars per month for the fifth year's service, in addition totlie sums' given in the first column above, which additional amounts are retained until sxpiration of service and paid only upon final settlement and honorable discharge. One dollar per month is retained from all enlisted men (except the Marine Band) serving under a re-enlistment. This retained pay is not included in the above table, and is to be credited and paid only upon final settlement and honorable discharge from service. 154 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Mar, s, 1888. From and after the passage of this act mileage of officers Computation of of the Army shall be computed over the shortest usually m Ma?Yi883 22 traveled routes between the points named in the order, and stats. L.,' P . 456. the necessity for such travel in the military service shall be certified to by the officer issuing the order and stated in said order. Pay of enlisted g EC< 1280. The monthly pay of the following enlisted men May 15, 1872. s. of the Army shall, during their first term of enlistment, be iCb I7 27 P ' i87? : as fll ws ? w ith the contingent additions thereto, hereinafter chap. 69, v. 19, p! provided I Sergeant-majors of * * * infantry, twenty-three dollars. Quartern! aster- sergeants, * * * infantry, twenty- three dollars. Principal musicians of * * * infantry, twenty-two dollars. Sergeants of * * * infantry, seventeen dollars. Corporals of * * * infantry, fifteen dollars. Musicians, drummers and fifers, * * * in fan try, thir- teen dollars. Privates of * * * infantry, thirteen dollars. ^iayi5 n i a 87 P 2?8: SEC. 1281. To the rates of pay stated in the preceding 2, v. 17, p.' no. ' section one dollar per month shall be added for the third year of enlistment, one dollar more per month for the fourth year, and one dollar more per month for the fifth year, making in all three dollars' increase per month for the last year of the first enlistment of each enlisted man named in said section. But this increase shall be considered as retained pay, and shall not be paid to the soldier until his discharge from the service, and shall be forfeited unless he serves honestly and faithfully to the date of discharge. P ay eenli8tment SEC - l282 - A 11 enliste(1 men mentioned in section twelve Aug. 4, 1854, s. hundred and eighty, who, havingbeen honorably discharged, May'iM872. 8 7 3, ; ave re-enlisted or shall re enlist within one month there- v.jl p. lie; kar! after, shall, after five years' service, including their first p.419. 1 8 ' 10 ' v ' 'enlistment, be paid at the rate allowed in said section to those serving in the fifth year of their first enlistment: Provided, That one dollar per month shall be retained from the pay of the re-enlisted men, of whatever grade, named in section twelve hundred and eighty-one during the whole period of their re-enlistment, to be paid to the soldier on his discharge, but to be forfeited unless he shall have served honestly and faithfully to the date of discharge. Note l.If an officer on leave of absence be ordered to temporary duty at a place where be happens to be, so that the order involves no traveli n g to tin- place <>(' tem- porary duty, and he bo kept there until after his leave of absence expires and thru ordered t his proper station, he is not entitled to mileage under General Orders 97 of 1876. (C. C., XIV, 272, Barr v. U. S.) Where an officer has received but not yet accepted leave of absence from the War Department, is ordered by his commanding officer to convey prisoners to another post, his leave of absence 'is to that extent suspended, and lie is entitled In mileage from his post to the place of performance and back. (().(;., XV, 264, Andrew w. U.S.) An officer's "station" means his permanent station, the place of performance of hia military duties, and not a place to which he was temporarily ordered for a special duty and at which he accepted his leave of absence. An officer's station can not. be changed by his being ordered to perform a temporary duty while on leave of absence. (Idem.) PAY OF ENLISTED MEN, MARINE CORPS, ETC. 155 SEC. 1283. Enlisted men, now in the service, shall receive the rates of pay established in this chapter according to service. the length of their service. i8,^78?V! iis 6 May 15, 1872, s. 4, v. 17, p. 117. See note 2. SEC. 1284. Every soldier who, having been honorably 5u enl 4 is i854 nt 8 discharged, re-enlists within one month thereafter, shall be 2, v"^' p. 575! further entitled, after five years' service, including his firstly 15.^872,8.4, enlistment, to receive, for the period of five years next thereafter, two dollars per month in addition to the ordi- nary pay of his grade; and for each successive period of five years of service, so long as he shall remain continu- ously in the Army, a further sum of one dollar per month. The past continuous service, of soldiers now in the Army, shall be taken into account, and shall entitle such soldier to additional pay according to this rule; but services ren- dered prior to August fourth, eighteen hundred and fifty- four, shall in no case be accounted as more than one enlist- ment. SEC. 1285. A certificate of merit granted to a private J^f ificate of soldier by the President for distinguished services shall Mar. 3, 1847, s. entitle him to additional pay, at the rate of two dollars per JJiJ'^iJ^ g 8 ^; month, while he remains continuously in the service; and v.io,V.575. ' such certificate of merit granted to a private soldier who served in the war with Mexico shall entitle him to such additional pay, although he may not have remained con- tinuously in the service. SEC. 1286. Non-commissioned officers who served in the^^^^ war with Mexico, and have been recommended by the com- Mexican war. manding officers of their regiments for promotion by brevet to the lowest grade of commissioned officer, but have not received such recommended promotion, shall be entitled to additional pay at the rate of two dollars per month, although they may not have remained continuously in the service. SEC. 1287. When soldiers are detailed for employment J-Jf 1 ^]^ 8 as artificers or laborers in the construction of permanent?, v. y w, ' p. 93,' military works, public roads, or other constant labor of not p^-l-^e'ops 7 ' less than ten days' duration, they shall receive, in addition ii, 7oe ; in, no f ; to their regular pay, the following compensation: Privates JJ; 325; and x> working as artificers, and non-commissioned officers em- ployed as overseers of such work, not exceeding one over- seer for twenty men, thirty-five cents per day, and pri- vates employed as laborers, twenty cents per day. This allowance of extra pay shall not apply to the troops of the Ordnance Department. SEC. 1288. Every non-commissioned officer and private .Curing captiv- of the Regular Army, and every officer, non-commissioned 1 y u&r. so, isu, . officer, and private of any militia or volunteer corps in the 14 Note 2. The tenth section of the act of March 3, 1875 (ch. 131, v. 18, p. 402), provides that the enlisted musicians of the band shall have the benefits as to pay, arising from re-enlistments .and length of service, applicable to other enlisted men of the Army. Note 3. This section does not extend to one who was not in the discharge of his duties at the time of his capture, and who contributed to the disaster culpably. (0. C., IV, p. 209. Phelps's Case.) The sentence of a court-martial, including a forfeiture of all pay due at the time of trial, ortohecome due thereafter, precludes an officer from aright to receive pay after trial and duringhis captivity, under the act of March 30, 1814 (sec. 1288, Rev. Stat.). 156 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 19, p. 244. service of the United States who is captured by the enemy, shall be entitled to receive during his captivity, notwith- standing 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. pay to SEC. 1289. When an officer is discharged from the service, jan. 8 ii, 1812,8. except by way of punishment for an offense, he shall be jan V 29 2 ' wi* 1 ** a ^ owe( l transportation and subsistence from the place of 15, V. 2, p. 796Jhis discharge to the place of his residence at the time of 8 U V ? il] p 86 i'45i hi 8 appointment, or to the place of his original muster into Feb. 27,' 1877, v! the service. The Government may furnish the same in kind, but in case it shall not do so, he shall be allowed travel-pay and commutation of subsistence, according to his rank, for such time as may be sufficient for him to travel from the place of discharge to the place of his residence, or original muster into service, computed at the rate of one day for every twenty miles. SEC. 1290. When a soldier is discharged from the service, except by way of punishment for an offense, he shall be allowed transportation and subsistence from the place of his discharge to the place of his enlistment, enrollment, or original muster into the service. The Government may furnish the same in kind, but in case it shall not do so, he shall be allowed travel-pay and commutation of subsistence for such time as may be sufficient for him to travel from the place of discharge to the place of his enlistment, enrollment, or original muster into the service, computed at the rate of one day for every twenty miles, soldiers' pay g EC 1291. No assignment of pav by a non-commissioned not assignable. . . % i -i-ni T i May s, 1792, s. 4, officer or private, previous to his discharge, shall be valid. v. 1, p. 280. See note 4. Travel pay to soldiers. Ibid. FORAGE, FUEL, QUARTERS. Sec. 1269. Allowances limited. 1270. Fuel, forage, etc., in kind. Commutation for forage not to be paid. 1271. Forage, allowance in kind. 1272. Forage, to whom furnished. Allowance of forage specified. Act May 4, 1880. Iso discrimination east of the Mississippi. Sec. Act June 18, 1878. FueJ, allowance, etc. Quarters for officers. Commutation for quarters. Act June 23, 1879. No allowance of claims for servants' quarters. Title 14, chap s. g EC . 12C9. No allowances shall be made to officers in addi- Aiiowancestion to their pay except as hereinafter provided. limited. July 15, 1870, s. 24, v. 16, p. 320. Note 4 Held, That the provision in section 1291 that "no assignment of pay by a noncommissioned officer or private previous to his discharge shall be valid does not preclude a soldier so situated as to be unable to receive his pay in person from giving an order to another person to receive and receipt for the same for him, and that a soldier in the custody of the civil authorities under a criminal charge might legally be paid the amount of pay due him upon an order given by him for tlie same to the attorney employed to defend him ; also, that the pay due an insane officer or soldier might legally be rendered 1<> a person duly appointed as his guardian under the State laws. (Winthrop's Digest, 369.) FORAGE, FUEL, QUARTERS, MARINE CORPS. 157 SEC. 1270. Fuel, quarters, and forage may be furnished ^Jnei, when forage in kind cannot be furnished by the proper P. m ' departments, then and in all such cases, officers entitled to 18 fiJ 7 g ct81 forage may commute the same according to existing regu- lations : Provided further, That officers of the Army and of volunteers assigned to duty which requires them to be mounted shall, during the time they are employed on such duty, receive the pay, emoluments, and allowances of cav- alry officers of the same grade respectively. Marine Corps. * * * That no commutation for forage Jan. so, 1885. Shall be paid. No com muta- tion of fora go, in Marine Corps. K. S., sees. 1270, 1272, 1612. SEC. 1272. Forage shall be allowed to officers only for Forage, to horses authorized by law, and actually kept by them in w A. S service when on duty and at the place where they are on duty. v.l$,p.594. ' See June 18, 1878. And forage in kind may be furnished to the officers of the June is, 1878. Army, by the Quartermaster's Department, only for horses Allowance of owned and actually kept by such officers in the performance fo f n e el8 1878 B> of their official military duties when on duty with troops in s.v. 20, P . 150. ' the field or at such military posts west of the Mississippi Kiver [see Post] as may be from time to time designated by the Secretary of War, and not otherwise, as follows : 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 ******* Provided, That there shall be no discrimination in the May 4, isso. issue of forage against officers serving east of the Missis- NO discrimina- sippi River, provided they are required by law to be mounted, ^Tssissippf the and actually keep and own their animals. Feb.24,i88i,v. 21, p. 346; May 4, 1880, v. 21, p. 111. Allowance of or commutation for fuel to commissioned June is, 1878. officers is hereby prohibited ; but fuel may be furnished to Fuel. the officers of the Army by the Quartermaster's Depart- 8 .1'^ ment, for the actual use of such officers only, at the rate of ' See note i. 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. * * * That at all posts and stations where there are public fl( " 8 arter8forof 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 Note I. The provisions of section 8, act -Tune 18, 1878, giving to Army officers the privilege of purchasing fuel at the rate of $3 per cord for standard oak wood, do not extend to retired officers. A cord of hard wood is made, under the regulations, the standard by which other grades of fuel are tested. This, section authorizes the sale only of the quantity of other fuel for $3, which is made the equivalent of a cord of standard wood. (Op., XVI, 92, Devens, July 18, 1878.) 158 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. number of rooms as is now allowed to such grade by the Kate of com- ru ies and regulations of the Army; Provided, Thatat places ^jmieis, 1878, s. where there are no public quarters, commutation therefor June 23' i879 15 v! ma y ^ e P 3 ^ ^ tne ^ a y Department to the officer entitled 21, p. si.' to the same at a rate not exceeding twelve dollars per room per mouth. * * * June 23, 1879. That no allowance shall be made for claims for quarters NO allowance for servants heretofore or hereafter. * * * for claims Jor servants' quarters. June 23, 1879, s. 1, v. 21, p. 30. Note 2. A military post or station where there are public quarters for officers, but insufficient for the accommodation of all the officers, is, in regard to those officers who are necessarily excluded from the public quarters, a place where there are "no public quarters," within the meaning of the pro visa in section 9, act of June 18, 1878, and the officers thus excluded may be allowed commutation for quarters. (Op., XVI, 611, Aug. 7, 1878.) ACCOUNTING OFFICERS AND ACCOUNTS. 159 DIVISION III. ACCOUNTS, ACCOUNTING AND DISBURSING OFFICERS, PUBLIC MONEY AND PROPERTY, NAVY DEPARTMENT AND BUREAUS, CIVIL SERVICE, ETC. ACCOUNTING OFFICERS AND ACCOUNTS. (See also DISBURSING OFFICERS and AGENTS.) Sec. 277. Duties of the Fourth Auditor. 283. Manner of keeping accounts of De- partments of War and the Navy. 297. Auditors may administer oaths. 3673. Warrants, drawing and counter- 3675. "Warrants, form of drawing and how charged. Sec. 236. Public accounts to be settled in the Department of the Treasury. 237. Commencement of the fiscal year. 250. Settlement of accounts within fiscal year. 260. lleports upon appropriates for the Departments of War and the Navy. 273. Duties of the Second Comptroller. 274. Power of Second Comptroller as to arrears of pay. SEC. 8. The balances which may from time to time be Jul r 81 * 1894 certified by the Auditors to the Division of Bookkeeping Certified bai- iiiid Warrants, or to the Postmaster-General, upon the ^ExecTtive D^ settlements of public accounts, shall be final and conclu- partments, etc. sive upon the Executive Branch of the Government, except that any person whose accounts may have been subject to re- settled, the head of the Executive Department, or of the troii e n r . by c board, commission, or establishment not under the juris- diction of an Executive Department, to which the account pertains, or the Comptroller of the Treasury, may, within a year, obtain a revision of the said account by the Comp- troller of the Treasury, 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 or reexamiua- ,.., ? ., i /. , i J J 9 f tiou by order of in his judgment the interests of the Government require secretary of it, suspend payment and direct the re- examination of any Trea8urv - account. Upon a certificate by the Comptroller of the Treasury Certificate of of any differences ascertained by him upon revision the JiSS^hoV^er- Auditor who shall have audited the account shall state an tified.' account of such differences, and certify it to the Division of Bookkeeping and Warrants, * * * Any person accepting payment under a settlement by Accepting pay- an Auditor shall be thereby precluded from obtaining a tor^ttiement,' revision of such settlement as to any items upon which conclusive. payment is accepted ; but nothing in this Act shall prevent an Auditor from Suspensions suspending items in an account in order to obtain further pe evidence or explanations necessary to their settlement. When suspended items are finally settled a revision may -action upon be had as in the case of the original settlement. Action upon any account or business shall not be delayed awaiting applications for revision : Provided, That the Secretary of the Treasury shall make regulations fixing the time which shall expire before a war- fixed.' rant is issued in payment of an account certified as provided in sections seven and eight of this Act. 160 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Auditors to The Auditors shall, under the direction of the Comptroller preserve ac- , , m ... ,, . counts. of the Treasury, preserve, with their vouchers and certifi- cates, all accounts which have been finally adjusted, whatdecisions All decisions by Auditors making an original construe- ?e^ o d r te r d *to tion or modifying an existing construction of statutes shall comptroller. 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, -of comptroller All decisions made by the Comptroller of the Treasury to Auditor mitte(1 countersigned by the Comptroller of the Treasury. SEC. 21. All accounts stated by the Auditors before the July si, iso*. first day of October, eighteen hundred and ninety-four, and Revision of ac- then pending for settlement in the offices of the First or Second Comptroller, or the Commissioner of Customs, shall be revised by the Comptroller of the Treasury in the man- ner provided by existing law, and the balances arising thereon shall be certified to the Division of Bookkeeping and Warrants. SEC. 22. It shall be the duty of the Secretary of the T secretary of Treasury to make appropriate rules and regulations for make rule*/ carrying out the provisions of this Act, and for transfer- ring or preserving books, papers, or other property apper- taining to any office or branch of business affected by it. It shall also be the duty of the heads of the se Executive Departments and of the proper officers of other e tc. Government establishments, not within the jurisdiction of^ 6 ^ 8 - 12 - 14 > any Executive Department, to make appropriate rules and a regulations to secure a proper administrative examination of all accounts sent to them, as required by section twelve of this Act, before their transmission to the Auditors, and Note 3. By Department circular, No. 145, of September 29, 1894, the Secretary of the Treasury made the following order: To the heads of Bureaus and Offices, Treasury Department, and Chiefs of Divisiont, Requisitions Secretary's Office, Treasury Department: for advances; It is hereby directed that, on and after October 1 next, all requisitions for advances how made, to disbursing officers shall be signed by the head of the proper bureau instead of by the disbursing officers themselves; and That requisitions upon drafts drawn upon the Secretary of the Treasury by con- sular officers shall originate in the office of the Auditor for the State and other Departments and be signed by him, instead of by the Comptroller, as heretofore. 376 11 162 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. for the execution of other requirements of this Act in so far as the same relate to the several Departments or estab- lishments. claims not re- SEC. 23. Nothing in this Act shall be construed to au- thorize the re- examination and payment of any claim or account which has heretofore been disallowed or settled. in^T st^m^n ^ EC< ^' ^ ne . P rov ^ s i ns f sections three to twenty-three fo?ce^oct.ii894. inclusive of this Act shall be in force on and after the first day of October, eighteen hundred and ninety-four. Repeal. g EC> 25. All laws or parts of laws inconsistent with this Act are repealed. utie ?, chap, i. g E c. 2 36. *A11 claims and demands whatever by the Public a c- United States or against them, and all accounts whatever be l wu 8 u8ted^ e in which the United States are concerned, either as debt- 2 v^-T 8 366 17 ' 8 ' ors or as creditors, shall be settled and adjusted in the 'see' note 4. Department of the Treasury. Mar. 29, 1894. That instead of forwarding to the accounting officers of the 28 stat. L., 47. Treasury Department returns of public property entrusted 174^5 P . P ' R ' S " p ' * ^ ie possession of officers or agents, Property ac- the Quartermaster-General, to the Commissary-General of Subsistence, Treasury De- the Surgeon- General, R sTsec. 226. the Chief of Engineers, 6 see notes 5 and the O hief of Ordnance, Note 4. Settlements made of the accounts of individuals by the accounting offi- cers appointed bylaw, are final and conclusive so far as the Executive Departments are concerned. Aggrieved parties can apply to Congress. (Op., I, 624; II, o02; V, 176.) Adjusted accounts should not, as a rule, be reopened without authority of law. (Op., II, 625,640; III, 148,461,521; IV, 378; X,231; XI, 129.) If duly settled, adjusted, and closed by the proper officers, upon a full knowledge of all the facts, and no errors in calculation have been made, an account can not be reopened without express authority of law. (Op., XII, 386 ; Browning, Ap. 20, 1868 ; see also Op., IX, 505.) According to the general practice of the Treasury, accounts are never closed : and in neither the legal nor mercantile sense of the term is an officer's account with the Treasury over "finally adjusted." (C. C., XIV, 114.) The accounting officers in settling accounts and claims have a right to adopt the report of a committee in Congress as establishing the principles which are to gov- ern them in the examination thereof. A bill is considered part of a report, and its passage a virtual adoption thereof. The report is in the light of a preamble to the law. (Op., I, 596.) There is a difference between the construction placed upon an act by individual members in debate and the opinion of the committee having the matter in charge. Proper to look into the report of the committee in giving construction to ambiguous language in an act. (Op., XIV, 624, Williams, Feb. 21, 1874.) Tne rejection of a claim, in whole or in part, by the accounting officers leaves the party free to pursue his remedy at law, viz, an action in the Court of Claims, although he may have accepted the portion allowed. (C. C., XVII, 288.) A pure matter of account belongs to the Department ; does not belong to the Court of Claims until it is within the range of judicial cognizance. Accounting bureaus were organized to settle accounts ; the Court of Claims was established to adjudicate claims. Unless a case becomes such as to "involve disputed facts or controverted questions of law," it is an account; when it does it is a claim. (C. C., V, ,*, p. 293). Regulations as Note 5. See R. S., sec. 225, as to oath of commanding officer in settlement of military to property ac- property accounts, and R. S., sec. 284, as to settlement of pursers' accounts for prop- counts in War rty lost on public vessel. Department. Note 6. On October 6, 1894, the Auditor for the War Department officially stated that no regulations under this act "have been made which affect this office." By Gen- eral Orders, No. 22, Headquarters of the Army, July 6, 1894, the following regulations are promulgated under this act: By direction of the Secretary of War, and in conformity with the above act (quoted in the order), the following is published for the information and guidance of all con- cerned : I. All returns of stores or supplies will bo rendered as required by regulations or orders, and will be forwarded within twenty days after the expiration of the account- ing periods to the chief of the bureau to which the property pertains. Abstracts of purchases will be forwarded with the money accounts. II. AM soon as possibleafter the receipt of the return by the proper chief of bureau it will be examined in his office, and the officer making fho return will be notified of all errors and irregularities found therein and granted three months to correct them. Suspensions or disallowances will not be made on accouut of slight informalities ACCOUNTING OFFICERS AND ACCOUNTS. 163 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 officer of the Treasury Losses to be Department, for debiting on the proper account, any charge Treasury d against any officers 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. SEC. 2. That said certificate shall set forth the condition t ; nt80t cer ' of such officer's or agent's property returns, that it includes all charges made up to its date and not previously 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~ effect - same as if the facts therein set forth had been ascertained by the accounting officers of the Treasury Department in accounting. SEC. 3. That the manner of making property returns to or in any administrative bureau or department, or of ascer- taining liability for property, under existing laws and regu- lations, shall not be affected by this Act, except as provided in section one; but in all cases arising as to such property so intrusted re ^ ortunityf l the officer or agent shall have an opportunity to relieve himself from liability. SEC. 4. That the heads of the several Departments are Regulations to hereby empowered to make and enforce regulations to carry en out the provisions of this Act. SEC. 5. That all laws or parts of laws inconsistent with Repeal. the provisions of this Act are hereby repealed. SEC. 2. That hereafter the accounting officers of the Treas- July 28 1892> ury shall not receive, examine, consider, or allow any claim 27 stat.L.,282, against the United States for sea pay or commutation of p *?) P " 18S rations which has been or may be presented by officers of , Navv - claims ., -y-r ., -i i V A- i j-i f r 8 ea pay or the Navy, their heirs or legal representatives, under the commutation of decisions of the Supreme Court, which have heretofore been ^ r 8 j^^ adopted as a basis for the allowance of such claims, which isso, not to be accrued prior to July sixteenth, eighteen hundred and al i2ou! s., 46, 51, eighty. 52 ; 125 'u.'s., 55e! SEC. 237. The fiscal year of the Treasury of the United States in all matters of accounts, receipts, expenditures, which do not affect the validity of the voucher, hut the officer's attention may be called to them. Whenever the errors have been corrected, or compensation has been made for deficient articles, and the action of the bureau chief is sustained or modi- fied by the Secretary of War, the return will be regarded as settled and the officer who rendered the return will be notified accordingly. III. If the necessary corrections in the return he not made within the prescribed time the facts will be reported to the Secretary of War. When it has been deter- mined that the money value of the property for which an officer has failed to account shall be refunded to the United States, the facts will be certified to the proper accounting officer of the Treasury by the chief of bureau. The provisions of the above act and regulations are applicable to all property returns rendered for any period of accountability subsequent to March 31, 1894. Paragraphs 1327, 1328, 1329, 1330, 1332, and section 7, paragraph 1431, Army Regula- tions 1889, are hereby revoked. 164 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. an( ^ appropriations, * * * shall commence 7% sfi,' on the first day of July in each year; and all accounts of 3 'i873 p 's 6 V v 1 !?' rece ipt s and expenditures required by law to be published P. 486.' ' annually shall be prepared and published for the fiscal year See note 7. ag thug establisne d. Reports upon SEC. 260. The Secretary of the Treasury shall lay before fo^pSwrtSenls Congress at the commencement of each regular session, ^Ma? Tmi v l accom P an yi n g his annual statement of the public expendi- e, v. alp. 367. ' 8 ' ture, the reports which may be made to him by the Audi- tors charged with the examination of the accounts of the Department of War and the Department of the Navy, respectively, showing the application of the money appro- priated for those Departments for the preceding year. Title 7, chap, s. g EC . 273. It shall be the duty of the Comptroller of the Duties of the Treasury: t S roner nd C mp " First. To examine all accounts settled by the Second, Mar's, igiT^s. Third, and Fourth Auditors, and certify the balances arising May'7, 3 i822, s. 3, : thereon to the Secretary of the Department in which the v ' lee' Tec' 36-3 expenditure has been incurred. juiy 6 3ijW " Second. To countersign all warrants drawn by the Sec- retaries of War and of the Navy, which shall be warranted by law. Third. To report to the Secretaries of War and of the Navy the official forms to be issued in the different offices for disbursing the public money in those Departments, and the manner and form of keeping and stating the accounts of the persons employed therein. Fourth. To superintend the preservation of the public accounts subject to his revision. Power of sec- SEC. 274. The Second Comptroller may prescribe rules as d to C a r r8 ^f to govern the payment of arrears of pay due to any petty pa Juiv4 1864 s ffi cer > seaman, or other person not an officer, on board any 3, v. u i3, p. 390. ' 8 ' vessel in the employ of the United States, which has been sunk or destroyed, in case of the death of such petty officer, seaman, or person, to the person designated by law to receive the same. Title 7, chap. 4. g EC< 277. The duties of the Auditors shall be: Auditors f tbe ^^ n ' The Fourth Auditor shall receive and examine all Mar3!'i8i7, s. accounts accruing in the Navy Department or relative July' 20 im fi ; thereto, and all accounts relating to Navy pensions; and, V. 15, p. 106; July after examination of such accounts, he shall certify the bal- p 8 ' 327 6 ' junVs' ances > an d shall transmit such accounts, with the vouchers 1872, B. 22, v. 17, and certificate, to the Second Comptroller for his decision UlU 1 ^. thereon. 395, 415 ; June 30, 1864, 8. 2, v. 13, p. 223. See note 8. Note 7. Fractions of a day are not noticed for legal purposes. If the law author- izes a certain thing to be done within a certain number of days, the first day ia ex- eluded from the calculation. Divisions of a day excluded in public proceedings. (Op., IX, 132, Black, Mar. 10, 1858.) Whole quarter of a year means a whole fiscal quarter in accordance with the division of a year used in the Treasury Department from its organization. (Op., Ill, p. 156, Butler, Oct. 27, 1836.) Two years from and after the 4th of March, 1836, includes the 4th of March, 1838. (Op., Ill, p. 157, But- ler, Nov. 3, 1836.) "From and after," " On and after," are equivalents of each other. (Op., XIV, p. 542, Williams, Mar. 10, 1875.) Note S. "Settled," equivalent in meaning to "finally acted on." A certificate to the Department must be accompanied by the Auditor's action ; need not be incorpo- rated in the certificate. (Op., XV, 139, Taft, Aug. 2, 1876; see also 192.) The President can not interpose in the settlement of accounts by the accounting ACCOUNTING OFFICERS AND ACCOUNTS. 165 SEC. 3. The Auditors of the Treasury shall hereafter be July si, 1894. designated as follows : Auditors' de signal ion a changed. the Fourth Auditor as Auditor for the Navy Department ; -for Navy De- 7 partment. The designations of the deputy auditors and other sub- Deputies, ordinates shall correspond with those of the Auditors. And each deputy auditor, in addition to the duties now Duties, required to be performed by him, shall sign, in the name of the Auditor, such letters and papers as the Auditor may direct. SEC. 7. Accounts shall be examined by the Auditors as follows : The Auditor of the Navy Department shall receive and Auditor of the examine all accounts of salaries and incidental expenses menl y Depar of the office of the Secretary of the Navy, and of all bureaus and offices under his direction, all accounts relat- ing to the Naval Establishment, Marine Corps, Naval Academy, and to all other business within the jurisdiction of the Department of the Navy, and certify the balances arising thereon to the Division of Bookkeeping and War- rants, and send forthwith a copy of each certificate to the Secretary of the Navy. SEC. 283. The Auditors charged with the examination of Mannerof keep- the accounts of the Departments of War and of the Navy, vSpSSSSSS of shall keep all accounts of the receipts and expenditures of w r and the the public money in regard to those Departments, and of MOT. 3, isi?, ss. all debts due to the United States on money s advanced 5 '^^ p i ' n 3 a 6 t 7 / relative to those Departments ; shall receive from the Second of accounts Comptroller the accounts which shall have been finally adjusted, and shall preserve such accounts, with their see vouchers and certificates, and record all requisitions drawn [Adjatmentof by the Secretaries of those Departments, the examination 1 |^ ilities , with ?. . i > i -i -i i ' i A mi General ac- ot the accounts of which has been assigned to them. They count of ad- shall annually, on' the first Monday in November, severally Appropriations.! report to the Secretary of the Treasury the application of the money appropriated for the Department of War and the Department 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. 297. The several Auditors are empowered to admin- Auditors may ister oaths to witnesses in any case in which they may ad Ma?! s^isf?! 1 !! deem it necessary for the due examination of the accounts \ 2 ' v - fi 3 ; a7 p 9 - 3 5* ; with which they shall be charged. vT??p 288 . SEC. 3673. All moneys appropriated lor the use of the Title ** War and Navy Departments shall be drawn from the Treas- Drafts for Wai ury, by warrants of the Secretary of the Treasury, uponJ^JjJJ/ De ' the requisitions of the Secretaries of those Departments, May 7. 1822, s. respectively, countersigned by the Second Comptroller ofJ^ftfSJiJJ?; the Treasury, and registered by the proper Auditor. 3 ' P- 367. officers and direct credits to be allowed ; can not interfere legally with the duties belonging to the accounting officers ; an appeal does not lie to him from the deter- mination of the accounting officers acting iu the sphere of their duties; he can not interfere in their decisions; he does not possess the power to examine into the correctness of their settlements for the purpose of correcting any errors they may have committed. (Op., I, 624, 636, 678, 706, Wirt ; 1 1, 507, 544, Taney .) LAWS RELATING T6 THE NAVY, MARINE CORPS, ETC. [March 4, 1874, v. 18, p. 1!), modifies as to War Depart- ment.] Form of draw- SEC. 3675. All warrants drawn by the Secretary of the "Sants g Treasury, upon the Treasurer of the United States, shall ^ Mar^ s, 1809^8. S p ec jfy ^Q particular appropriation to which the same a.6, should be charged; and the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comp- troller, and Register. ACCOUNTS OF LOST VESSELS AND CLOTHING. Sept. 2, 1 v. 1, p. 67. Sec. 274. Payments to representatives of per- son lost. 284. Settlement of accounts of paymaster of lost or captured public vessels. 286. Fixing date of loss of missing ves- sels. 287. Accounts of petty officers, seamen, etc., on lost vessel. Sec. 288. Compensation for personal effects lost. 289. Payment of accounts of deceased petty officers, seamen, etc., of lost vessel. 290. Allowance for effects of officer of lost vessel. Title ?, chap. 8. SEC. 274. The Second Comptroller may prescribe rules Arrears of pay to govern the payment of arrears of pay due to any petty soii8 leceased per "officer, seaman, or other person not an officer, on board juiy 4, 1864, s. any vessel in the employ of the United States, which has 3, v. is, p. 390. b een sunk or destroyed, in case of the death of such petty officer, seaman, or person, to the person designated by law to receive the same. Title 7, chap. 4. SEC. 284. In every case of the loss or capture of a ves- Settiement of sel belonging to the Navy of the United States, the proper accounts of pay- accounting officers of the Treasury, under the direction of master of lost or ?i i 1,1 captured public the Secretary ot the Navy, are authorized, in the settle- v< Mar 8 3, 1847, s. ment of the accounts of the paymaster of such vessel, to 6, v. 9,' p. 173; credit him with such portion of the amount of the provi- ' 8 ' sions, clothing, small stores, and money, with which he stands charged on the books of the Fourth Auditor of the Treasury, as they shall be satisfied was inevitably lost by such capture or loss of a public vessel; and such pay- master shall be fully exonerated by such credit from all liability on account of the provisions, clothing, small stores, and money so proved to have been captured or lost. SEC * 28(i * Tne P r P er accounting officers of the Treasury are authorized, under the direction of the Secretary of the i v U i3 p sgo 4 ' 8 'Navy, in settling the accounts of seamen, and others, not officers, borne on the books of any vessel in the Navy which shall have been wrecked, or which shall have been unheard from so long that her wreck may be presumed, or which shall have been destroyed or lost with the rolls and papers necessary to a regular and exact settlement of such accounts, to fix a day when such wreck, destruction, or loss shall be deemed to have occurred. SEC - 287< The P r P er accounting officers of the Treas- 'n, tc on ury are authorized, in settling the accounts of the petty officers, seamen, and others, not officers, on board of any vessel in the employ of the United States, which by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, together with the rolls and papers necessary to the exact ascertainment of the several see sec. 274 ACCOUNTS OF LOST VESSELS AND CLOTHING. 167 accounts of the same at the date of such loss, to assume" the last quarterly return of the paymaster of any such vessel as the basis for the computation of the subsequent credits to those on board, to the date of such loss, if there be no official evidence to the contrary. Where such quar- terly return has, from any cause, not been made, the accounting officers are authorized to adjust and settle such accounts on principles of equity and justice. SEC. 288. The proper accounting* officers of the Treasury ft ^compenaation Department are authorized, in settling the accounts of the feotkSfc petty officers, seamen, and others, not officers, on board of ltlem ' 8 - 2 - any vessel in the employ of the united States, which, by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, to allow and pay to each person, not an officer, employed on the vessel so sunk or destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars, as compensation for the loss of his personal effects. SEC. 289. In case of the death of any such petty officer, Payment of ac- seamau, or other person, not an officer, such payment shall ceasedVetty ont be made to the widow, child or children; father, mother, or ^-T^t^ssei tc<> brothers and sisters jointly, following that order of prefer- Me^.*?. 6 ' ence; such credits and gratuity to be paid out of any Seenotel - money in the Treasury not otherwise appropriated. That the proper accounting officers of the Treasury be, Mar. 2, 1896. and they are hereby, authorized and directed to examine 28Stat.L.,962. into, ascertain, and determine the value of the private 18 ^J|- ( , Su f^. property belonging to officers, petty officers, seamen, and 435.)" others in the naval service of the United States which ^aSj^ 11 ^ 1 ,; 1 .^ been or may hereafter be lost and destroyed in the naval wreck, etc. service by shipwreck or other marine disaster, under the Seenote2 - following circumstances : First. When such loss or destruction was without fault Conditions, or negligence on the part of the claimant. 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. And the amount of such loss or losses which have accrued Payment of prior to the passage of this Act so ascertained and deter- pnor i 88e8 - mined upon settlement by the proper accounting officers of the Treasury shall be paid out of any money in the Treas- ury not otherwise appropriated, and all losses that shall hereafter accrue shall be certi- Report on fu- fied by the Secretary of the Treasury at the commencement tu of each regular session to the Speaker of the House of Representatives who shall lay the same before Congress for consideration, and shall be in full for all such loss or damage : Note 1. The " legal representatives " of deceased persons are generally their execu- tors or their administrators, but may mean their heirs or next of kin. (Op., Ill, 29; VII, 60; XIV, 515; C. C., IV, 456; Wallace, XIII, 351.) To insert " marines " and to construe orphans to mean father or mother or brother or sister, would be legisla- tion, not interpretation. (Op., VIII, 28, Aug. 8, 1856, Gushing, on the construction of relief acts.) Where money is due to the heirs of a deceased person and there is a dispute as to the legal descent, the latter question should bo decided by the court rather than by the executive officers. (Op. V., 670, Jan. 28, 1853.) Note 2. This act makes provisions for the naval service somewhat similar to those made in regard to the Army by 1895, March 3, cli. 335 (I Stipp. It. S., 481). 168 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. claims not to Provided, That any claim which shall be presented and acted upon under authority of this Act shall be held as finally determined, and shall never thereafter be reopened or considered : War losses. And provided further, That this Act shall not apply to losses sustained in time of war: Limit of Habii- And provided further, That the liability of the Govern- ment under this Act shall be limited to such articles of personal property as are required by the United States Naval Regulations, and in force at the time of loss or de- struction, for such officers, petty officers, seamen, or others engaged in the public service, in the line of duty : Amounts d e- And provided further, That the amounts which have been dl R t ^,' sees. 288- l )a ^d to persons in the naval service under sections two 290. hundred and eighty-eight, two hundred and eighty-nine, and two hundred and ninety of the lie vised Statutes shall be deducted in the settlement of all claims under this Act: Determining And provided further, That the value of the article or value. articles lost or destroyed shall be their value at the date of loss or destruction : TO be present- And provided further, That all claims now existing shall '' be presented within two years, and not after, from the pas- sage of this Act; and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction. Claims barred. That nothing in this Act shall be construed to authorize the reopening or payment of any claims for losses of pri- vate property on vessels sunk or otherwise destroyed prior to August twentieth, eighteen hundred and eighty -four. Allowance for SEC. 290. Ill case any officer of the Navy or Marine Corps it c ves s f ei ffici f on board a vessel in the employ of the United States which, v Apr.6, ISM, s. i, by any casualty, or in action with the enemy, at any time v 'For p 'continua- since the nineteenth day of April, eighteen hundred and clrsanS^ews'of 8 ^^' 0116 ' nas b een or mav ^ e sunk or destroyed, shall lost vessels, see thereby have lost his personal effects, without negligence i5?I>ay and 8 ?? or want of skill or foresight on his part, the proper account- lowauces, Divi ing officers are authorized, with the approval of the Secre- tary of the Navy, to allow to such officer a sum not exceeding the amount of his sea-pay for one month as compensation for such loss. But the accounting officers shall in all cases require a schedule and certificate from the officer making the claim for effects so lost. ADVERTISING. Sec. 3828. Written authority required. Restriction on advertising in 'the District of Columbia. Prices to be paid. Papers to be used in the District of Columbia. Sec. 3709. Advertisement for supplies and services. 3718. Advertisement for provisions, etc., and transportation. Title 45. SEC. 3828. No advertisement, notice, or proposal for any NO advertise- Executive Department of the Government, or for any Bureau thority. ith utau thereof, or for any office therewith connected, shall be pub- lished in auy newspaper whatever, except in pursuance of ADVERTISEMENT FOR SUPPLIES, ETC. 169 a written authority for such publication from the head O f 2 ^ u } 15 ' 3 jg 70>8> such Department; and 110 bill for any such advertising, or 'see note i.' publication, shall be paid, unless there be presented, with such bill, a copy of such written authority. In no case of advertisement for contracts for the public Jiy si, 1876. service shall the same be published in any newspaper pub- Restriction on lished 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. ch Hereafter all advertisements, notices, proposals for con- June 20, 1878. tracts, and all forms of advertising required by law for the Price8 to be several Departments of the Government may be paid forp a j d - at a price not to exceed the commercial rates charged tOch.'S, v.'2of 7 pl private individuals, with the usual discounts; such rates 21 ^ 6 * G to be ascertained from sworn statements to be furnished 159-160. by the proprietors or publishers of the newspapers propos- ing so to advertise. * * * But the heads of the several Departments may secure lower terms at special rates whenever the public interest requires it. All advertising required by existing laws to be done in Jan. 21, isat. the District of Columbia by any of the Departments of Advertisements the Government shall be given to one daily and one weekly .J5 1 }Jj l ^J triotof 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 news- papers selected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Be vised Statutes. SEC. 2. All laws or parts of laws inconsistent herewith Jan. 21, i88i v are hereby repealed. ch. 25 ,v. 21, p.sn. SEC. 3709. All purchases and contracts for supplies or Title 43. services, in any of the Departments of the Government, Advertisements except for personal services, shall be made by advertising ft ^ r r p 2 8 i al 6i a sufficient time previously for proposals respecting ttiei&v.i2,jp.m < same, when the public exigencies do not require the imine- Denote 2. diate delivery of the articles, or performance of the service. ft * SEC. 3718. * * * In the case of provisions, clothing, Advertisements hemp, and other materials, the Secretary of the Navy shall n empetcV ling ' advertise, once a week, for at least four weeks, in one or Mar. 3, 1843, v. more of the principal papers published in the place where 5| see 17 Jan. 21, such articles are to be furnished, for sealed proposals for 1881 - furnishing the same. * * * ID the case of transporta- tion of such articles, he shall advertise for a period of not less than five days. * * * That section thirty-seven hundred and nineteen of the May 25, isee. Eevised Statutes be, and the same is hereby, amended by 29 stat. L., ise. adding thereto the following : 2, fSf* S " V L Naval supplies. ' K. S., 3719. Note 1. The provisions of section 3828, forbidding the publication of advertise- ments for any Executive Department of the Government, or for any bureau thereof, or for any omcetherewith connected, except " under written authority from the head of the Department," extend to offices connected as aforesaid, no matter where located. (Op.. XVI, 616, Phillips, Dec. 16, 1878.) Note 2. As to advertisements, etc., on contracts for the naval service, see 1893, Mar. 3, ch. 212, par, 6, note (5), ante, p. 131, and 1804, Jan. 27, ch. 22, and notes, ante, 170 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. m? ei i!e fi acce b te secui?ty p for discretion, accept, in lieu of the written guaranty required proposals, etc. fo accO mpany a proposal for naval supplies, and in lieu of the bond required for the faithful performance of a contract for furnishing such supplies, a certified check, payable to the order of the Secretary of the Navy, for the full amount of such proposal or contract, the check to be held by the Secretary of the Navy until the requirements of the pro- posal or contract shall be complied with and as a guaranty for compliance with the same." APPROPRIATIONS ESTIMATES. Sec. 430. Estimates for expenses. 3660. Manner of communicating esti- mates. 3661. Estimates for printing and binding. 3662. Estimates for salaries. 3663. Requisites of estimates for appro- priations for public works. 3664. What additional explanations are required. 3G65. Amount of outstanding appropria- tion to be designated. 3666. Items of expenditure to be specified in estimates and accounts. Estimates for pay of Navy. 3667. Estimates of claims, etc., on Navy pension fund. 3669. Estimates to be submitted to Con- gress. 3670. Wnat statements shall accompany estimates. 3672. Sales of public property to be in- cluded in Book of Estimates. Estimates to be furnished by 1st October. 3673. Drafts of War and Navy Depart- ments. Act June 19, 1878. Requisitions of Sec- retary of Navy for advances. Sec. 3675. Form of drawing and charging war- rants. 3676. Appropriations for Navy controlled by Secretary ; for each Bureau to be kept separately. 3678. Application of moneys appropri- ated. 3679. No expenditures beyond appropri- ations. 3681. Expenses of commissions and in- quiries. 3682. Contingent, etc., expenses. 3685. Special appropriations available only for two years, except, otc. 3686. Foreign hydrographie surveys. 3689. Permanent indefinite appropria- tions. 3690. Expenditure of balances of appro- priations. 3691. Disposals of balances after two years. Unexpended balances of appropria- tions. 3692. Proceeds of certain sales of material . Act June 19, 1878. Statement of receipts, expenditures, and balances. Title 10. for expenses. July 5, 1862, s. 5,v. 12. p. 511. See sec. 366, same title. Title 41. Manner of com- municating esti- mates. Aug. 26, 1842, s. 14, r. 5, p. 525. See Mar. 3, 1875, sec. 3672, same title. SEC. 430. All estimates for specific, general, and contin- gent expenses of the Department, and of the several Bureaus, shall be furnished to the Secretary of the Navy by the chiefs of the respective Bureaus. SEO. 3GGO. The heads of Departments, in communicating estimates of expenditures and appropriations to Congress, or to any of the commit tees thereof, shall specify, as nearly as may be convenient, the sources from which such esti- mates 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 applications 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 may be, and the section of the act in which the authority is to be found. APPROPRIATIONS, ESTIMATES, NAVY, MARINE CORPS, ETC 171 And hereafter the estimates for pay of the Navy shall Fel> * 28 188i * be submitted in the book of estimates in detailed clas- c^smc^'tion sifications and paragraphs, after the manner above set in Book of Esti- fnrfli * * * mates. 10rUl - R. S., sees. 429, 3660, 3660. 1875, Mar. 3, ch. 29, 8.3, p. 72. SEC. 36G1. The head of each of the Executive Depart- ments, and every other public officer who is authorized to have printing and binding done at the Congressional Print- 2,i lu i7 ) p.82 72> 8 ' ing-Office for the use of his Department or public office, shall include in his annual estimate for appropriations for the next fiscal year such sum or sums as may to him seem nec- essary "for printing and binding, to be executed under the direction of the Congressional Printer." SEC. 3662. All estimates for the compensation of officers Estimates for authorized by law to be employed shall be founded upon 8a M r *;*3 f 1355, 8 . the express provisions of law, and not upon the authority 8 - v. 10, p! 670. ' of executive distribution. SEC. 3663. Whenever any estimate submitted to Con- Requisites for gress by the head of a Department asks an appropriation approbation lor for any new specific expenditure, such as the erection of a pl j b ^ Y r ^4 4 8 public building, or the construction of any public work, 2,v.5"p.o93 ; Mar'. requiring a plan before the building or work can be prop- J; ^f; 'j^-JJ; erly completed, such estimate shall be accompanied byfuIli877,Y'.i9,p.*m' plans and detailed estimates of the cost of the whole work. o5W!iet 8 21l All subsequent estimates for any such work shall state the supplies, original estimated cost, the aggregate amount theretofore 81 appropriated 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 original estimate, the full reasons for the excess, and the extent of the anticipated excess, shall be also stated. It shall be the duty of the head of each Executive Depart- Mar. 2, ment or other Government establishment in the city of Supp ~ ~ Washington to submit to the first regular session of the j 81)2-95, p. 4 19. Fifty-fourth Congress, and annually thereafter, in the coSSKoTbnsf- Annual Book of Estimates, a statement as to the condition ness to be sub- of business in his Department or other Government estab- ] lishment, 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 Government establishment such arrears exist, the extent thereof, and the reasons therefor, and also a statement of the number and compensation of employees appropriated for in one bureau or office who have been detailed to another bureau or office for a period exceeding one year. SEC. 3664. Whenever the head of a Department, being what about to submit to Congress the annual estimates of expend- {JJJ 1 ^o 1 ' 1 ^ 1 *." itures required for the coming year, finds that the usual quired. items of such estimates vary materially in amount from the |J" 1 - Mar 3 appropriation ordinarily asked for the object named, and ISTS. especially from the appropriation granted for the same objects for the preceding year, and whenever new items 172 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. not theretofore usual are introduced into such estimates for any year, he shall accompany 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. Amountofout- SEC. 3665. The head of each Department, in submitting to pl beto Congress his estimates of expenditures required in his Department duri ii g the year then approaching, shall desig- ' nate not only the amount required to be appropriated for Depart- tne next . fiscal year, but also the amount of the outstanding ment.-Report.s appropriation, if there be any, which will probably be secreTa a r d v o?the required for each particular item of expenditure. items of ex- SEC. 3666. The estimates for expenditures required by 8peSd e ine8ti e the Department of the Navy for the following purposes mates and ac- shall be given in detail, and the expenditures made under c j"me 22, 1860, appropriations therefor shall be accounted for so as to show B.i,v.i2,p.8i. the disbursements of each Bureau under each respective appropriation : First. Freight and transportation. Second. Printing and stationery. Third. Advertising in newspapers. Fourth. Books, maps, models, and drawings. Fifth. Purchase and repair of fire engines and machinery. Sixth. Eepairs of and attending to steam-engine in navy- yards. Seventh. Purchase and maintenance of horses and oxen, and driving teams. Eighth. Carts, timber-wheels, and the purchase and re- pair of workmen's tools. Ninth. Postage of public letters. Tenth. Fuel, oil, and candles for navy-yards and shore- stations. Eleventh. Pay of watchmen and incidental labor not chargeable to any other appropriation. Twelfth. Transportation to, and labor attending the de- livery of provisions and stores on foreign stations. Thirteenth. Wharfage, dockage, and rent. Fourteenth. Traveling expenses of officers and others under orders. Fifteenth. Funeral expenses. Sixteenth. Store and office rent, fuel, commissions, and pay of clerks to navy-agents and store- keeperjs. Seventeenth. Flags, awnings, and packing-boxes. Eighteenth. Premiums and other expenses of recruiting. Nineteenth. Apprehending deserters. Twentieth. Per diem pay to persons attending courts- martial, courts of inquiry, and other services authorized by law. Twenth-first. Pilotage and towage of vessels, and assist- ance to vessels in distress. see sec. 430 Twenty-second. Bills of health and quarantine expenses of vessels of the United States Navy in foreign ports. APPROPRIATIONS, ESTIMATES, NAVY, MARINE CORPS, ETC. 173 Hereafter the estimates for pay of the Navy shall be Feb. 23, issi. submitted in the book of estimates in detailed classifications Estimates for and paragraphs, after the manner above set forth. pa j e b f 21, p. 331. See note 1. SEC. 3667. The Secretary of the Navy shall annually ____ Tltle ** ____ submit to Congress estimates of the claims and demands Estimates for chargeable upon and payable out of the naval pension J^Y peu81on fund. July 11, 1870, v. 16, p. 222. SEC. 3669. All annual estimates for the public Serv i ce 81 f b 8 m m t* e e stobe shall be submitted to Congress through the Secretary of confess. ec the Treasury, and shall be included in the book of estimates 2 sept. 2 ^ 5 17 g. prepared under his direction. liusoojv. 2! P . 79'; Jan. 7, 1846, res., v. 9, p. 108 ; Aug. 4,1854, s. 15, v. 10, p. 573; May 18, 1865, s. 4, v. 14, p. 49. SEC. 3670. The Secretary of the Treasury shall annex to what state- the annual estimates of the appropriations required for the Company esti- public service, a statement of the appropriations for the** 8 1 1820 g service of the year, which may have been made by forniers.v.sfp.bes. ' acts. SEC. 3672. A detailed statement of the proceeds of all statement of sales of old material, condemned stores, supplies, or other SrSJmateriaif 8 public property of any kind, except materials, stores, or g ^ay 8> 8 3 87 |^- supplies sold to officers and soldiers of the Army, or to ; MT?Y. ; i9,V exploring or surveying expeditions authorized by law, shall 249- be included in the appendix to the book of estimates. That it shall be the duty of the heads of the several Mar. 3, 1875. Executive Departments, and of other officers authorized or Estimates, required to make estimates, to furnish to the Secretary of Jjg^* be fur ' the Treasury, on or before the first day of October of each ni Ex 6 tracts from year, their annual estimates for the public service, to be SudeJin^tppen- included in the book of estimates prepared by law under di* to estimates. his direction; and the Secretary of the Treasury shall 3 , ^is, p. a^o 7 . 5 ' 8 ' submit, as a part of the appendix to the book of estimates, such extracts from the annual reports of the several heads of Departments and Bureaus as relate to estimates for appropriations, and the necessities therefor. APPROPRIATIONS. SEC. 3673. All moneys appropriated for the use of the Title 41. War and Navy Departments shall be drawn from the Treas- " ury, by warrants of the Secretary of the Treasury, upon an ^i ra Navy ^>e- the requisitions of the Secretaries of those Departments, pa $?" t8 ;{ 8 22 a respectively, countersigned by the Second Comptroller of 8, v. 3 J. aw -Mar the Treasury, and registered by the proper Auditor. $ p 81 3 7 6 ' 7 88 ' 5> 9l v- See note 2. See ss. 273, 277, under Accounts. Note 1. Paragraph I. Pay of active list; II. Pay of retired list; III. Pay of petty officers and seamen; IV. Pay of clerks, secretaries, mileage, etc., giving clas- sification and number in each case, when possible. Note 2. The different subdivisions ordinarily employed in an appropriation act, viz, legislative, executive, judicial, are intended to classify the appropriations and not to designate the Department to which they belong. (C. C., XT, 152; 91 U. S. R., Appropriations: Permanent, those for an indefinite period; indefinite, those in which no amount is named. Unexpended balances may be applied to expenses prop- 174 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. June 19, 1878. That the Secretary of the Navy be, and he is hereby, 20 stat. L., icy. authorized to issue his requisitions for advances to disburs- igfTs.'i^.lo^'.iNg officers and agents of the Navy under a "General 16 Re 'nis'itions 'of accoun ^ ^ advances," not to exceed the total appropriation secretary oTtfa- for the Navy, the amount so advanced to be exclusively l )av curren * obligations uj)on proper vouchers and n.s.,8. 3673. that "Pay of the Navy" shall hereafter be used only for P iSt?ons f fo?pay its legitimate purpose, as provided by law. of Navy limited'. 18 Op'ius., 412. Advances, how SEC. 2. That the amount so advanced be charged to the proper, appropriations, and returned to "General account of advances" by pay and counter warrant ; the said charge, however to particular appropriations, shall be limited to the amount appropriated to each. ecour ^ E * ^' ^ na * ^ e Fourth Auditor shall declare the sums Auditor. * due from the several special appropriations upon complete ^ n.s.,8. 277, par. vouchers, as heretofore, according to law; and he shall adjust the said liabilities with the "General account of advances." in F ami char'hT SEC ' 3675< A11 warrants drawn by the Secretary of the ai ng Treasury, upon the Treasurer of the United States, shall v.^^ws^sept! specify the particular appropriation to which the same 2,'i789',s.6,'v.i,p'. should be charged; and the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register. Appropriation SEC. 367G. All appropriations for specific, general, and for Navy con- ,. - -. L .. -^ trolled by Secre- contingent expenses of the Navy Department shall be un- Bureau ufbekept ^ er * ne cont rol and expended by the direction of the See- separately. retary of the Navy, and the appropriation for each Bureau 5, v n j2,p:5i 8 i 62 ' 8 ' shall be kept separate in the Treasury. See note 3. Mr. 8, 1898. And hereafter the accounting officers of the Treasury are " Pay misceiia- hereby authorized to credit appropriation " Pay miscella- !5?ted t iritii lieei;l8 ' > with a ^ rece ip^ s f r interest on the account of the certain receipts! Navy Department with the London fiscal agents, premiums K. s., sec. 3676. ar j s j n g f rom sales of bills of exchange, and from any appre- ciation in the value of foreign coin. ^ EC * ^^- ^11 sums appropriated for the various branches of expenditure in the public service shall be applied solely erly incurred within tbo year, and upon contracts made within the year, but not performed until later. Appropriations which in terms are for one year can not be used for payment of expenses not incurred in the year. Money can not bo taken by counter requmition to settle old accounts. (Op., XIII, 289, July 27, 1870, Akorman.)' NoteS. The Secretary of the Navy can draw on the, contingent fund for purposes 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. (Op., 1,302, Wirt.) The words "Contingent expenses," as used in the appropriation acts, mean such 9t appropria iretl On It office for which "the appropriation is made. (Op., XVI, 412, Devens, Dec. 19, 1879.) incidental, easnal expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of tlie Department or the The appropriations f<>r " ('out ingent of the bureaus (Civil)" are merged with that. for the Secretary's Office by legislative act approved March 3, 1883. Damages occasioned by collision in which a naval vessel is at fault, even when occurring in foreign \\aters.arenota proper charge against the contingent fund or any other regular Appropriation. Special authority of Conress must he obtained before payments on such account will be allowed by the accounting otlicers. APPROPRIATIONS, ESTIMATES, NAVY, MARINE CORPS, ETC. 175 to the objects for which they are respectively made, and 1 ^ ar ;, 3 > J 80 ^; for no others. Feb. 12,1868, 8.2,' v. 15, ]>. .'{6. SEC. 3679. No Department of the Government shall ex- NO expeadi- pend, in any one fiscal year, any sum in excess of ttppW^'JS^iitJSif*'' priations made by Congress for that fiscal year, or involve .Tuiyi2, i87o,s. the Government in any contract for the future payment Of 'si-e notes.' money in excess of such appropriations. and Supplies, Division I. SEC. 3681. No accounting or disbursing officer of the AUK. 215, ^i&42, Government shall allow or pay any account or charge what- Ji^oJL.'iv, pi ever, growing out of, or in any way connected with, any 106 ' Oct - 25 ' 1842 - commission of 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 * * *. SEC. 3682. No moneys appropriated for contingent, irici- Restrictions on dental, or miscellaneous purposes shall be expended or pj! ^nations 6 '' paid for official or clerical compensation. l)r ldem - 8> '^ p- See under Con- tingent Funds. SEC. 3685. In no case shall any special appro- Special apro- priation be available for more than two years without further provision of law. [Exception for establishing light-houses.] SEC. 3686. All appropriations made for the preparation Foreign hydro- . ... ,. /> /. ' i i i i 11 i graphic surveys. or publication of foreign hydrographic surveys shall only reb. 21,1861,8. be applicable to their object, upon the approval by the Sec- 7 ' V - 12 'P- 15 retary of the Navy, after a report from three competent naval officers, to the effect that the original data for pro- posed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys. SEC. 3689. There are appropriated, out of any moneys . Permanent in- ., m a. j / j. definite appro- Ill the Treasury not otherwise appropriated, for the pur- priations. poses hereinafter specified, such sums as may be necessary 2 J^f^JJt 2 '*' for the same respectively; and such appropriations shall '16 A. 'G'. bp., be deemed permanent annual appropriations. * * * p ' 685 ' Allowance for reduction of wages under eight-hour law: Of such sum as may be required in the settlement of all tr 7, p c e t ^ J^f ' gj|jl accounts for the services of laborers, workmen, and mechan pi'ies, Division i. Note 4. Section 3678 extends only to such cases as relate to " proceeds of sales" n i ei|it8 which are in the, nature or revenue belonging to no appropriation, and not available for expenditure without authority from Congress. It does not prohibit one Department from supplying articles to another, and the transfer of appropria- tions to make reimbursements. (Op., Deo. 20, 1882, Hrewster.) Section 3678 makes unlawful the diversion of funds appropriated for one object of expenditure to another object of expenditure, and forbids an appropriation for any rged beyond the amount thereof, as fixed by Congress. The one Department to another, and subsequent reimburse- purpose to be thus enlarge furnishing of articles by ments by transfer of appropriation, not a diversion or an enlargement contemplated by this section. (Op., Dec. 20, 1882, Brewster.) Note 5. No contract can be made for rent of buildings, until appropriations are made therefor. 176 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ics employed by or on behalf of the Government, between the t \venty-fifth day of June, eighteen hundred and sixty- eight, the date of the act constituting eight hours a day's work for all such laborers, workmen, and mechanics, and the nineteenth day of May, eighteen hundred and sixty- nine, the date of the proclamation of the President con- cerning such pay, to settle and pay for the same without reduction on account of reduction of hours of labor by said act, when it shall be made to appear that such was the sole cause of the reduction of wages. Indemnity to seamen and marines for lost clothing: July 4, 1864, as. To allow and pay to each person, not an officer, employed 2, 3, v. is, P . 390. OQ a vesse i O f the United States, sunk or otherwise destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars. In the event of the death of the person, this sum is to be paid to his proper legal representatives. Prize money to captors : June so, 1864, s. For one moiety of the proceeds of prizes captured by i6, v. 13, P . an. vessels of the United States, to be distributed to the officers and crews thereof, in conformity to the provisions of Title " PRIZE;" also, the proceeds of derelict and salvage cases adjudged by the courts of the United States to salvors. Expenditure of SEC. 3690. All balances of appropriations contained in proprfatfonsf &P ' tne annual appropriation bills and made specifically for July 12, i87o,8. the service of any fiscal year, and remaining unexpended 5> see 8 8ec.?689. at the expiration 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. aiices p after f two ^ E0 ' ^691. All balances of appropriations which shall years. a have remained on the books of the Treasury, without being c v u ie p 2 ffi 8 i 70f "' drawn against in the settlement of accounts, for two years ' see ' June' 20, 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 there- under, and the Auditor shall examine the books of his Office, and certify to the Secretary whether such balances will be required in the settlement of any accounts pending in his Office; and if it appears that such balances 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 payment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated. July ae, 1886. All balances of moneys appropriated for the pay of the -^ avv or P av ^ the Marine Corps, for any year existing after the accounts for said year shall have been settled hito sli all be Covered iri to the Treasury. Treasury. B. S. sees. 250, 60, 369J; Jue 20, 1874, ch. 328, s. 5 ; Aug. 30, 1890, ch. 837, s. 4. RECEIPTS, EXPENDITURES, AND BALANCES. 177 That from and after the first day of July, eighteen him- June 20 1874 - dred and seventy-four, and of eacli year thereafter, the unexpended Secretary of the Treasury shall cause all unexpended bal-^verJd'iut^tho ances of appropriations which shall have remained upon Treasury, the books of the Treasury for two fiscal years to be carried contSue 'avail to the surplus fund and covered into the Treasury : Pro- abie - ridal, That this provision shall not apply to permanent specific appropriations, appropriations for rivers and har- bors, 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 * * * And^ovid^/urther f ^At this section shall not operate to prevent the fulfillment effected, contracts existing at the date of the passage of this act. 8 . s^iU'p! 8 ^ June 14, 1878,' s. 4, v. 20, p. 130. See note 6. SEC. 3692. All moneys received from the leasing or sale Title 41 * of marine hospitals, or the sale of revenue cutters, or from r-roceedsofcer the sale of commissary stores to the officers and enlisted materiaT' etc '' men of the Army, or from the sale of materials, stores, or 5 ^ay^s, w^*- supplies sold to officers and soldiers of the Army, or from Mar.' 3, is&.s.i,' sales of condemned clothing of the Navy, or from sales of J^GMsVilu.' materials, stores, or supplies to any exploring or surveying u, p. 40 ; July 28,' expedition authorized by law, shall respectively revert to SJ'j^ne l\ lire,' that appropriation out of which they were originally v.n P. 33* I Marl expended, and shall be applied to the purposes for which 3 88.4io ; V Feb.27,' they are appropriated by law. is??, v. 19, p. 249. From and after the passage of this act, it shall be the June 19, 1878. duty of the Secretary of the Treasury to transmit to Con- Tabular state- gress, annually, a tabular statement showing in detail the pTop^tSnl^d receipts and expenditures in the naval service under each expenditures, appropriation, as made up and determined by the proper officers of the Treasury Department, upon the accounts of disbursing officers rendered for settlement. There shall be appended to this statement an account of balances in the hands of disbursing agents at the close of each fiscal year, and a report of any amounts lost or unaccounted for by voucher. June 19, 1878, oh. 312, 88. 1, 2, v. 20, p. 167. Note 6. This section was adopted, after tbe fullest consideration by Congress, expressly to cut off the payment of accrued claims by covering into the Treasury, after two years, the balance of the appropriation from which they might have been paid. The plain purpose of this act was to confine the officers of the G-overnmentto the allowance and payment of liabilities within three fiscal years. Decision of the Secretary of the Treasury, April 20, 1877. The use of appropriations is discussed in this decision. 37G 12 178 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ATTORNEY-GENERALDEPARTMENT OF JUSTICE. Sec. 354. Duties of Attorney-General. 356. Opinion of Attorney-General upon questions of law. 357. Legal advice to Departments of War and Navy. 358. Reference of questions by Attorney- General to subordinates. 359. Conduct and argument of cases. 360. Duties of officers of Department of Justice. 361. Officers of, to perform services for other Departments. Sec. 363. Retaining counsel to aid district at- torneys. 364. Attendance of counsel. 365. Counsel fees restricted. 366. Appointment of special counsel. 367. Detail of officers to attend suits. 370. Traveling expenses of officers so detailed. 383. Publication of opinions. Title 8. SEC. 356. The head of any Executive Department may idem. Duties of At- require the opinion of the Attorney-General on any ques- to sept 24 61 i789 1 B tioiis of law arising in the administration of his Depart- 35, v. i,' p. 92 j merit. Feb. 27, 1877, v. 19, p. 241. Opinion of At- torney-Gen era 1 upon questions of law. June 22, 1870, a. 6, v. 16, p. 163. See note 1. Legal advice to g EC . 357. Whenever a question of law arises in the administration of the Department of War or the Depart- ment 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 Department, or otherwise disposed of as he may deem proper. officers of the SEC. 361. The officers of the Department of Justice, under pe^orn^arnega" * ne direction of the Attorney-General, shall give all opin- services required ions and render all services requiring the skill of persons Sent8 herDepart ' learned in the law necessary to enable the President and idem, a. 14. heads of Departments, and the heads of Bureaus and other Note 1. The law docs not declare the effect of advice ; practice of the Departments to heed it. (Op., V, 97, Johnson.) Not the duty of the Attorney-General to give opinions on questions of fact, nor to review the proceedings of a court-martial in search of questions of law. (Op., V, 626, Crittenden.) Does not reply to speculative points or supposed cases. Gives advice on actual cases where the special facts are set forth by the Department. (Op., IX, 82, Black. ; XIII, 531-568, Akerman ; XII, 433, Browning.) The opinion of the Attorney-General forthetime 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 is by the latter overruled. (Op., VII, 692, Cushiug.) Will not review the opinion of a former Attorney-General unless a proper case is presented therefor and submitted by a head of a Department. (Op., XI, 189, Speed.) Can not act as arbitrator between the Government and an individual, and can therefore render no award in the sense in which the phrase is generally understood. (Op., I, 209, Wirt.) Declines to give an opinion upon a question involving the esti- 1 mation of the weight and credibility of testimony. (Op , XIV, p. 54, Bristow.) Not required to giye an opinion to the Senate. (Op., X, 165, Bates.) Not his duly to give opinion on matters pending in Congress on request of either house or any committee. (Op., XII, 544, Evarts ; XIV, 17, 177, Williams.) Not authorized to give an opinion (official) in response to a call of the head of a Department, although made at the request of a committee of Congress, where the question proposed does not arise in the administration of such Department. (Op., XV, 138, Taft.) Subordinate officers who desire an official opinion must seek it through the head of the Department to which said subordinate is accountable. (Op., X, 458.) No right to give an official opinion except where it is his duty to do so, that is, to the President and ht-ad* of Dt-partments. (Op.. I, 335, VI, 21, 147.) See Op. XIV, 21, declining to approve or disapprove of an opinion of nn assistant attorney-general of an Executive Department nut having been called for by the President' or the head pf a Department. ATTORNEYS AND AGENTS OF GOVERNMENT. 179 officers 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 Supreme 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 counselor 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. 303. The Attorney-General shall, whenever in his Retaining coim- i i . . - 1 J. * S61 IO cllO. U181T1CL opinion the public interest requires it, employ and retain, attorneys. in the name of the United States, such attorneys and conn- 2 * s \ p 86 ^ 8 : selors at law as he may think necessary to assist the d is- Mar.' 3, iW.s. i,' trict attorneys in the discharge of their duties, and shall Jo^isS, 2 ^. 5 ii, p p.' stipulate with such assistant attorneys and counsel the 4; June 22, 18$ amount of compensation, and shall have supervision of s<1 ' Vl their conduct and proceedings. SEC. 364. Whenever the head of a Department or Bureau co ^ n ; ^ ndance of gives the Attorney-General due notice that the interests of c Feb e i4,i87i,s. the United States require the service of counsel upon the 3 > ^ 6 ' P- ^ 12 - . / i i A_I oGG bet/. loi| examination of witnesses touching any claim, or upon the claims, p. oo. legal investigation of any claim, pending in such Depart- ment or Bureau, the Attorney-General shall provide for such service. ATTORNEYS AND AGENTS OF GOVERNMENT. Sec. 187. Professional assistance. 189. Employment of attorney sor counsel. 1550. Agents to disburse money abroad. Sec. 1783. Persons interested not to act agents of the Government. 3614. Bond of special agents. SEC. 187. Whenever any head of a Department or Title*. Bureau having made application pursuant to section one "professional hundred and eighty-four, for a subpoena to procure thejjjjjgjj 6 * how attendance of a witness to be examined, is of opinion that Eeb.i4,' i87i,s. the interests of the United States require the attendance 3) see 6 ' sec! 2 'i84, of counsel at the examination, or require legal investiga- claims. tion 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 exam- ination, or making such investigation, and it shall be the duty of the' Attorney General to provide for such service. SEC. 189. No head of a Department shall employ attor- Employment * xi TT -^ i ci. ? of attorneys or neys or counsel at the expense of the United States; but counsel. when in need of counsel or advice, shall call upon the g i^.. Department of Justice, the officers of which shall attend 'see 'sees.' 364] to the same. SEC. 1550. No person shall be employed or continued Title is, chap. 7. abroad, to receive and pay money for the use of the ^^^^ of A l^^^Sa- service on foreign stations, whether under contract or burse money ou otherwise, who has not been, or shall not be, appointed by j, foe " '' and with the advice and consent of the Senate. 8.4,v,5,p,o3. 180 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title 19 - SEC. 1783. No officer or agent of any banking or other Persons inter- commercial corporation, and no member of any mercantile "*ofthe or trading firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation or s, ^12, p. 698.' ' firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation or firm; and every such officer, agent, or member, or person, so interested, who so acts, shall be imprisoned not more than two years, and fined not more than two thousand dollars nor less than five hundred dollars. SEC. 3614. Whenever it becomes necessary for the head Bond of special ^ any Department or office to employ special agents, other agents. than officers of the Army or Navy, who may be charged i4^"fo, 4 p. 5?s!' 8> with the disbursement of public moneys, such agents shall, see note i. before entering upon duty, give bond in such form and with Title Disbursing such security as the head of the Department or office employing them may approve. See not* Title 40. office. CIVIL SERVICE THE EXECUTIVE DEPARTMENTS. Sec. 163. Classification of Department clerks. 165. Clerkships open to women. 166. Distribution of clerks. 167. Salaries of persons employed in the Departments. 168. Temporary clerks. 169. Authority to em ploy clerks and other employees. Restriction. 170. Extra compensation to clerks pro- hibited. Act Aug. 5, 1882. Restriction on employ- ing extra clerks and their pay. Employees not to be paid from con- tingent fund. Unauthorized rates of pay forbidden. Lapsed salaries, disposition of. 1753. Admission to the civil service. Act Jan. 16, 1883. Civil Service Commis- sioners. Sec. Duties of. Rules for civil-service act. Places of meeting; boards of exam- iners. - Corruptly defeating objects of the commission. Revision and classification of clerks. Persons subject to, and exempt from, the rules. Habitual use of intoxicating bever- ages a bar against appointment to civil office. Recommendations of Congressmen not to bo received except, etc. 1754. Preference to disabled soldiers. <(<-. 1755. Honorably discharged soldiers, etc., commended to bankers, etc. Act Aug. 15, 1876. In reducing force, pref- erence to honorably discharged soldiers, etc., for. Title 4. SEC. 163. The clerks in the Departments shall be arranged classification in four classes, distinguished as the first, second, third, and f er g e P artment fourth claSS6S - Marl 3, 1853, s. 3, v. 10, p. 209; Mar. 3, 1855, s.4, v. 10, p. 669. clerkships open SEC. 165. Women may, in the discretion of the head of to women. an y Department, be appointed to any of the clerkships Note 1. No allowance can be made for any commission or inquiry, except mili- tary or naval, until special appropriations are made by Congress for the purpose. (Op., IV, 106, Oct. 25, 1842, Legare.) An Executive Department being charged with the duty of seeing that the laws are faithfully executed, has authority to appoint commissioners or agents to make nvestigations required by acts or resolutions of Congress, but it can not pay them except from an appropriation for that purpose. (Op., IV, 248, Nelson, Sept. 1M, IX}::.) An authority of a special agent appointed to do a particular act must be limited to that act and to such acts as are necessary to the performance of it. (Op., XI, 521.) The Government is not bound by the act or declaration of its agent unless it manifestly appears that he acted within the scope of his authority, or was employed in his capacity as a public agent to do the act or make the declaration for it. (Otto, 93, p. 247. See C. C., 11,599; IV, 401, and VII, 65, and Wallace, VII, 666, as to the power of agents.) Held by the First Comptroller, that a chief engineer of the Navy, appointed super- intendent of the State, War, and Navy Department building, under the legislative appropriation act approved March 3, 1893, should give a bond, as his duties as such were in no way connected with the Navy and his disbursements would be of civil appropriations. See Title, Navy Department. (State, War and Navy Building.) NoteS. The employment of any officer of the Navy or Marine Corps by any per- son or corporation furnishing naval supplies or war material to the Government is declared to be unlawful by act of June 10, 1896. (29 Stats. L., 361.) CIVIL SERVICE - EXECUTIVE DEPARTMENTS. 181 therein authorized by law, upon the same requisites and 2 J v lll { 6 1 conditions, and with the same compensations, as are pre- 25 voh 2) IK employees allowed bylaw, except such clerks or employees substitute for as may be required bylaw to be exclusively engaged upon \^ ecutfve De- some specific work, as he may find it necessary and proper pa^tinents.^ d to do, tai! 6 of clerks/ " but all details hereunder shall be made by written order to be by writ- of the head of the Department, and in no case be for a period of time exceeu.ng one hun- -limited to 120 dred and twenty days. Provided^ That details so made may, on expiration, be may be re- renewed from time to time by written order of the head of nt the Department, in each particular case, for periods of not exceeding one hundred and twenty days. All details here- tofore made are hereby revoked, but may be renewed as provided herein." SEC. 1G7. The annual salaries of clerks and employes in salaries of per- the Departments, whose compensation is not otherwise pre- scribed , shall be as follows : v M* First. To clerks of the fourth class, eighteen hundred Apr! flnllnrsj v. 10, p. 276; Aug. JlltHb. |g jggg j,^ jg Second. To clerks of the third class, sixteen hundred n! P. 145 ; ' July rl nil arc 23,1866, s. 6, v. 14, dollars. P . 207; July 12, Third. To clerks of the second class, fourteen hundred ISTO, s. 3, v. ie, dollars. 1 " > - 230 ' m Fourth. To clerks of the first class, twelve hundred dol- lars. 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. [$GGO, by legislative act March 3, 1883, except otherwise specially appropriated for.] Ninth. To watchmen, seven hundred and twenty dollars. SEC. 1G8. Except when a different compensation is ex- Temporary pressly prescribed by law, any clerk temporarily employed cI ApUi 22, 1354, 8 . to perform the same or similar duties with those belonging lf g^jJJjJi 6 ' to clerks of either class, is entitled to the same salary as is allowed to clerks of that class. SEC. 169. Each head of a Department is authorized to Authority to employ in his Department such number of clerks of the and olher^em 8 several classes recognized by law, and such messengers, pl g^j t Au 5 assistant messengers, copyists, watchmen, laborers, andissl. Note 1. A clerk with a fixed salary is bound to perform the duties of the office for the salary. If the work of the office be increased, requiring his services beyond the established or customary hours, he can not, if the increased labor pertains to the business of the office, recoive additional compensation. (C. C., XVII, 383.) 182 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. other employes, and at sucli rates of compensation, respec- tively, as may be appropriated for by Congress from year to year. Aug. is, 1876. That the executive officers of the Government are hereby Restriction, prohibited from employing any clerk, agent, engineer, 5, v."f,'p1\96? 6 ' s ' draughtsman, messenger, watchmen, laborer, or other em- 'let" ( iu" 5 Ply^> in aii y of toe Executive Departments in the city of 1883. ' Washington, or elsewhere, beyond provision made by law. Title 4. SEC. 170. No money shall be paid to any clerk employed Extra compen- in either Department at an annual salary, as compensation prS?u>ited Clerks for extra services, unless expressly authorized by law. Mar. 3, 1863, s. 3, v. 10, pp. 209, 211; June 17, 1844, s. 1, v. 5, pp. 681,687; Feb. 28, 1867, res. 30, s. 2, v. 14, p. 569. See see. 170, Extra Pay, Title, Pay and Allowances, Division I. See note 3. Aug. 5, 1882. That no civil officer, clerk, draughtsman, copyist, mes- scnger, assistant messenger, mechanic, watchman, laborer, on of 3erks a etc pay or o ^ Der em plv6 shall after the first day of October next be employed in any of the Executive Departments, or sub- ordinate Bureaus or offices thereof at the seat of Govern- ment, except only at such rates and in such numbers, respectively, as may be specifically appropriated for by Congress for such clerical and other personal services for each fiscal year. civil employ- No civil officer, clerk, draughtsman, copyist, messenger, fromcontingent assistant messenger, mechanic, watchman, laborer, or other appropriations, employe" shall hereafter be employed at the seat of Govern- ment in any Executive Department or subordinate Bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general pur- pose, unless such employment is authorized and payment therefor specifically provided in the law granting the appro- priation, and then only for services actually rendered in Unauthorised connection with and for the purposes ol the appropriation bidden* 1>ay for Irom which payment is made, and at the rate of compen- sation usual and proper for such services. 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 .authorizing the employment of officers, clerks, draughtsmen, copyists, mes- sengers, assistant messengers, mechanics, watchmen, labor- ers, or other employes at a different rate of pay or in excess of the numbers authorized by appropriations made by Con- gress, be, and they are hereby, repealed; and thereafter all Note 2. In the absence of constitutional restriction, the future compensation of a public officer may be altered at pleasure by the legislature during his incumbency, without violating any legal right vested in him bv virtue of his appointment. (Op., XV, 317,Devens,Junel8, 3877.) Note 8. Where the service is one required by law and compensation is fixed by competent authority and is appropriated, an officer who under due authorization per- forms the service is entitled to the compensation. (Op., XV, 608.) CIVIL SERVICE - EXECUTIVE DEPARTMENTS. 183 details of dvil officers, clerks, or other subordinate em * ployes from places outside of the District of Columbia foroiftsSe District duty within the District of Columbia, except temporary ^^Jj;^ for details for duty connected with their respective offices, be, and are hereby, prohibited ; and thereafter all moneys ac- Lapsed cruing from lapsed salaries, or from unused appropriations "ibid. for salaries, shall be covered into the Treasury. See note 4. SEC. 1753. The President is authorized to prescribe such Title 10. regulations for the admission of persons into the civil serv- president to ice of the United States as may best promote the efficiency regulate admis- ., -, 1-j.i/j/ /> i j -i i sions to the civil thereof, and ascertain the fitness of each candidate in service. respect to age, health, character, knowledge, and ability 9 ^iJ;^ 1 ^ 1 ' 8 * for the branch of service in to which he seeks to enter; and for this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and estab- lish regulations for the conduct of persons who may receive appointments in the civil service. The President is authorized to appoint, by and with the Jan. 10, isss. advice and consent of the Senate, three persons, not more 2 2stat.L.,403. than two of whom shall be adherents of the same party, as of A ^PJJj n | f r *^ * Civil Service Commissioners, and said three commissioners commissioners? 6 shall constitute the United States Civil Service Commis- sion. Said commissioners shall hold no other official place under the United States. The President may remove any commissioner ; and any vacancy in the position of commissioner shall be so filled by the President, by and with the advice and consent of the Senate, as to conform to said conditions for the first selec- tion of commissioners. The commissioners shall each receive a salary of three salary and ex- thousand five hundred dollars a year. And each of said pen commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner. SEC. 2. That it shall be the duty of said commissioners: Duty of the FIRST. To aid the President, as he may request, in pre- " paring suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the Depart- ments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifi- cations thereof, into effect. SECOND. And, among other things, said rules shall pro- Rules for civil vide and declare, as nearly as the conditions of good admin- s< istration will warrant, as follows: First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or Xot.'4. Civil officers are usually divided into three classes: political, judicial and ministerial. But persons actually and properly employed in the Executive Departments or in Bureaus or Divisions thereof, by an officer charged with that duty and authorized by law to fix their compensation, are persons in the civil service. (\Vallace, XIII, 508; C. C., VII, 290.) Laborers, mechanics, machinists, etc., in navy-yurds, paid by the day, are civil employees within the meaning of the 20 per cent acts. Printers paid by the em or note engravers by the piece are not. (Wallace, XX, 179 ; C. C., IX, 104.) 184 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed. Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selec- tions according to grade from among those graded highest as the results of such competitive examinations. Third, appointments to the public service aforesaid in the Departments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census. Every application for an exami- nation shall contain, among other things, a statement, under oath, setting forth his or her actual bona fide resi- dence at the time of making the application, as well as how long he or she has been a resident of such place. Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid. Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so. Sixth, that no person in said service has any right to use his official authority or influence to coerce the political action of any person or body. Seventh, there shall be non-competitive examinations in all proper cases before the commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be pre- scribed by the commissioners as to the manner of giving notice. Eighth, that notice shall be given in writing by the ap- pointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such per- sons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission. And any necessary exceptions from said eight fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission. THIRD. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its mem- bers or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep min- utes of its own proceedings. FOURTH. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its CIVIL SERVICE - EXECUTIVE DEPARTMENTS. 185 own subordinates, and those in the public service, in respect to the execution of this act. FIFTH. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any sug- gestions it may approve for the more effectual accomplish- ment of the purposes of this act. SEC. 3. * * * The commission shall, at Washing- . Places of meet- ton, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the Department or office in which such persons serve, to be members of boards of examiners, and may at any time substitute any other person in said service living in such State or Terri- tory in the place of any one so selected. Such boards of examiners shall be so located as to make it reasonably con- venient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the col- lector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same. SEC. 5. That any said commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in co-operation commission. with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any per- son so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment. SEC.C. * * * Third. That from time to time * * each of the heads of Departments mentioned in the one ran {rein en t jf hundred and fifty-eighth section of the Revised Statutes [the 7 principal Departments] and each head of an office, 186 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then exist- ing classification or arrangement of those in their respective Departments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public service pertaining to their respective Departments not before classified for examina- tion. Persons subject SEC. 7. That after the expiration of six months from the from"he rufes?* 1 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 conformity herewith. But noth- ing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferred by the seventeen hundred and fifty-fourth section of the llevised Statutes, nor to take from the President any authority not inconsistent with this act conferred by the seventeen hundred and fifty -third section of said statutes; nor shall any officer not in the ex- ecutive branch of the Government, or any person merely employed as a laborer or workman, be required to be clas- sified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate, be required to be classified or to pass an examination. Habitual me of SEC. 8. That 4io person habitually using intoxicating e^ages br beverages to excess shall be appointed to, or retained in, against appoint- an y office, appointment, or employment to which the pro- visions of this act are applicable. Not raore*than SEC. 0. That whenever there are already two or more eligible & family members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades. a- SEC. 10. That no recommendation of any person who shall e- apply for office or place under the provisions of this act ceived, except, which may be given by any Senator or member of the House e Jan. 16, i88:i, of Representatives, except as to the character or residence 22 see a n4 8 ' ^ ^ ue applicant, shall be received or considered by any per- son concerned in making any examination or appointment under this act. Jan. 16,1883. SEC. 11. That no Senator, or Representative, or Territo- stat. L., v. 22, rial Delegate of the Congress, or Senator, Representative, p- 408 -, . or Delegate elect, or any officer or employee of either of Contribution! . , , ' .. " J ,. . ,. . , *,.? for political pur- said houses, and no executive, judicial, military, or naval etc by officer of the United States, anil no clerk or employee of certain officers, any department, branch or bureau of the executive, judi- cial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any man- ner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose what- ever, from any officer, clerk, or employee of the United CIVIL SERVICE EXECUTIVE DEPARTMENTS. 187 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. 12. That no person shall, in any room or building -nor received in occupied in the discharge of official duties by any officer 1 ' 11 or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever. SEC. 13. No officer or employee of the United States men immunity from tioned in this act shall discharge, or promote, or degrade, ffij^fcj* * or in 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 polit- ical purpose. SEC. 14. That no officer, clerk, or other person in the serv- Giving money, ice of the United States shall, directly or indirectly, give ?o?pomic a?pur 9 or hand over to any other officer, clerk, or person in the poses prohibited. service of the United States, or to any Senator or Member of the House of Jtepresentatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. SEC. 15. That any person who shall be guilty of violat- Penalty. ing any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the dis- cretion of the court. ******* SEC. 1754. Persons honorably discharged from the mili- Title 19. tary or naval service by reason of disability resulting from rrefereiice of wounds or sickness incurred in the line of duty, shall preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the re ^ a ^' ^7 s 88 i' proper discharge of the duties of such offices. v? 8 i3,p57i.' 8< SEC. 1755. In grateful recognition of the services, sacri- fices, and sufferings of persons honorably discharged from the military and naval service of the country, by reason of so "^ m gec 2 wounds, disease, or the expiration of terms of enlistment, it is respectfully recommended to bankers, merchants, manu- facturers, mechanics, farmers, and persons engaged in indus- trial pursuits, to give them the preference for appointments to remunerative situations and employments. Provided^ That in making any reduction of force in any Aug. is, 1876. of the Executive Departments, the head of such Depart- preference to inent shall retain those persons who may be equally quali- < ]! 3(iliar s ( ; (1 o1 - .cjii i i -iiTi i \.\ -T.L diere nno sailors fled, who have been honorably discharged from the military in m;iitrr* of r- or naval service of the United States, and the widows and dl ^ t u i g 118 15 1876 orphans of deceased soldiers and sailors. s. 3, v. io, J. us. ' Note 5. There aro three branches of service classified under the civil-service act. Those in the Departments at Washington are designated "The classified depart- mental service." The general bonrd of examiners for this service consists of two persons from the Treasury Department, two from the Post-Office Department, two from the Interior Department, and one from each of the other Departments. 188 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. OATH OF OFFICE, ETC. Sec. 1756. Official oath form of. 1757. Oath for certain persons. 1758. "Who may administer oath. 1759. Custody of oath. Sec. 1778. Other persons before whom oath may he taken. Act January 16, 1883. Contributions, etc. Repeal of R. S sec. 1756. penalties, etc not aftected Oath tain for cer- is, 1884. That section seventeen hundred and fifty-six of the lie- . R. s., p. vised Statutes be, and the same is hereby, repealed; 42 8- And hereafter the oath to be taken by any person elected Official oath, j. j j_ /* *i i.T ii ,, form of. or appointed to any office of honor or profit either in the Au^r' 8 29 C ' 1890, c i y il) military, or naval service, except the President of ch. 82o,' s. i'. the United States, shall be as prescribed in section seven- teen hundred and fifty- seven of the Eevised 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 ordinate offices and employments. Existing SEC. 3. That the provisions of this act shall in no man- 68 ' ner affect any right, duty, claim, obligation, or penalty now existing or already incurred ; and all and every such right, duty, claim, obligation, and penalty shall be heard, tried, and determined, and effect shall be given thereto, in the same manner as if this act had not been passed. SEC. 1757. Whenever any person who is not rendered ta j n u fy r Ti ns i868, ineligible to office by the provisions of the fourteenth c s' F 39 b is l isfi' ameil dinciit to the Constitution is elected or appointed to ch! 53, e v .'i6,' P .4i2'. any office of honor or trust under the Government of the United States, and is not able, on account of his participa- tion in the late rebellion, to take the oath prescribed in the preceding section, he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: "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 1 will bear true faith and allegiance to the same; that I take this obligation freely without any mental reserva- tion or purpose of evasion; and that I will well and faith- fully discharge the duties of the office on which I am about to enter. So help me God." who may ad- SEC. 1758. The oath of office required by either of the m Aug? r o, at i88i, two preceding sections may be taken before any officer A 2 rVi'8fi 3 cfi >; W ^ 10 * s au thorized either by the laws of the United States, eelv'.i^p. 3i, C asOr by the local municipal law, to administer oaths, in the o a a t d h B ini fn er thi Sfcate > Territory, or District where such oath may be senate. administered. August 29, 1890. And no officer, clerk, or employee of any executive depart- 26 stat. L., 370. meiit who is also a (1) notary public or other officer author- onicer^dlarge i ze( l t administer oaths, shall charge or receive any fee or fees for oath of compensation for administering oaths of office to employees pioyeeL to " of such department required to be taken on appointment or 1759 S> ^ 1757 ~ promotion therein. May 13, 1884, ch.46, ante, p. 428. Note 1. For laws as to notaries pnhlic in the District of Columbia, see R. S. of D. C., $ 979-992, 1878, June 7, ch. 162, 5. OATH OF OFFICE - DEPARTMENTAL REGULATIONS. 189 And the Chief Clerks of the several Executive Depart- ments and of the various bureaus and offices thereof Washington, District of Columbia, are hereby authorized J^"^^ ** 11 ot and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. SEC. 2. [Superseded by 1801, March 3, ch. 548, 1.] SEC. 1759. The oath of office taken by any person pur- Custody of suant to. the requirements of section seventeen hundred Oa jui y 2 i i862,cii. and fifty -six, or of section seventeen hundred and fifty- 128, v. 12, p. 562. ' seven, shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain. SEC. 1778. In all cases in which, under the laws of the Taking oaths United States, oaths or acknowledgments may now be nTents Ckn< taken or made before any justice of the peace of any State v | ep *- 4 J|' J- 8 ^ - or Territory, or in the District of Columbia, they may here- 29, ISM, s. i' v.'i<\ after be also taken or made by or before any notary public Pt315> duly appointed in any State, District, or Territory, or any of the commissioners of the circuit courts, and, when certi- fied 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. DEPARTMENT REGULATIONS. Sec. : Sec. 161. Departmental regulations. 175. Duty of chief on receipt of report. Act March 3, 1883. Hours of business. j 176. Disbursing clerks. Act March 3, 18',:j. Holidays. ! 194. Report of clerks employed. 173. Chief clerks to supervise subordi- 195. Time of submitting annual reports. nate clerks. 198. Biennial list of employees. 174. Chief clerks to distribute duties, etc. : SEC. 101. The head of each Department is authorized to Title 4. prescribe regulations, not inconsistent with law, for the^r" a i T-^. j.i i / /v* Departmental government of his Department, the conduct of its officers regulations. and clerks, the distribution and performance of its business, i.Jjjf and the custody, use, and preservation of the records, "89, v! i, papers, and property appertaining to it. p.65;June8,l872 v.17, p,283; Apr. 30, 1798, v. 1, p. 553; June 22, 1870, 8. 8, v. 16, p. 163 ; Mar. 3, 1849, v. 9, p. 395. SEC. 4. That hereafter it shall be the duty of the heads Mar. 3, isss. of the several Executive Departments, in the interest of the Hours of labor public service, to require of all clerks and other employes, of whatever grade or class, in their respective Departments Depa not less than seven hours of labor each day, except Sun- ch Yf'; 8 3 ' 1883 ' days and days declared public holidays by law, or execu- c 20 \".GT. Op., p. tive order: Provided, That the heads of the Departments 30:j< may by special order, stating the reason, further extend or limit the hours of service of any clerk or employ6 in their Departments respectively, but in case of an extension it shall be without additional compensation, and all absence from the Departments on the part of said clerks or other employes, in excess of such leave of absence as may be 190 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. granted by the heads thereof, which shall not exceed thirty days in any one year, except in case of sickness, shall be without pay. SEC. 5. That all acts or parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. Mar. 3, 1893, That on and after July first, eighteen hundred and SiAS"' 1La ninety- three, it shall be the duty of the heads of the sey- Seven hours of eral Executive Departments, iii the interest of the public cicrksm Depart- service, to require of all clerks and other employes of "MA" GO) > whatever grade or class, in their respective departments, 607. p 'niot less than seven hours of labor each day, except Sun- days and days declared public holidays by law or execu- tive order: Mar. 3, 1883, ch. Provided, That the heads of the Department may by R 8 s 8 ?409) ( . 1SupP ' special order, stating the reason, further extend or limit the May be ex- hours of service of any clerk or employe in their Depart- ited ded r lim " m ents, respectively ; but in case of an extension it shall be without additional compensation: Annual and And provided further. That the head of any Department pay. leave with ma y grant thirty days annual and thirty days sick leave with pay in any one year, to each clerk or employe, the sick leave to be allowed in cases of personal illness only, or where some member of the immediate family is afflicted with a contagious disease, and requires the care and attend- ance of such employe, or where his or her presence in the Department would jeopardize the health of fellow clerks: Extension of And be it further provided, That in exceptional and rneri- sick leave; limit, ^orious cases, where to limit such sick leave would work peculiar hardship, it may be extended, in the discretion of the head of the Department, with pay not exceeding sixty days in any one case or in any one calendar year. Pay to stop at This section shall not be construed to mean that so long granted leave. as a clerk or employe is borne upon the rolls of the Depart- ment in excess of the time herein provided for or granted, that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave. Eepeai. SEC. 6. That all acts or parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. June 28, 1870. The following days, to wit: The first day of January, Holidays in the commonly called New Year's day, the twenty-second day of himbif f C ' February, the fourth day of July, the twenty- fifth day of u juue'28, mo, v. December, commonly called Christmas day, and any day i8Vj\ 16 2o J p n 277 1 . 1 appointed or recommended by the President of the United see not i.' ' States as a day of public fast or thanksgiving, shall be Note 1. The Revised Statutes of the District of Columbia, hero referred to, pro- vide as follows : SEC. 993. The following days, namely: The first day of January, commonly called New Year's day; t he fourth day of July,- the t wenty-fil't h day of December, commonly called Christmas day; and any day appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be holidays within the- District, and shall for all purposes of presenting for payment or acceptance, for the maturity and protest, and giving'notice of the dishonor of bills of exchange, bank- chocks, and promissory notes, or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday. And all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous. Other acts make holidays, of Inauguration day, 1888, June 18, ch. 391, post, p. 592; Decoration day, 1888, August 1, ch. 723, post, p. 600; and Monday, when either falls on Sunday, 1881, Dec. 21, ch. 2, post, p. 331, and give per diem pay to employees, 1885, Jan.. 6, Jiea, No. 5, post, p. 480, and 1887, Feb. 23, lies. No. 6, post, p. 574. CIVIL SERVICE - DEPARTMENTAL REGULATIONS. 191 holidays within the District of Columbia, and shall, for all 1( J eo note ] > P- purposes of presenting for payment or acceptance for the maturity and protest, and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes or other negotiable or commercial paper, be treated and con- sidered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous. That section nine hundred and ninety-three of the Jan - 31 > 1879 Revised Statutes of the United States relating to the Dig- 20 stat. L., 277. trict of Columbia be, and the same hereby is, amended by DUtri at*af*col adding to the days therein declared to be holidays within the District the twenty-second day of February; and such ** day shall be a holiday for all the purposes mentioned in New Year's said section: Provided, That this act shall not apply to the twenty second day of February, eighteen hundred and sev- euty-uine. Thanksgiving. Presidential Inau guration day. Decoration day. Monday, when either falls on Sunday. That whenever any day set apart as a legal holiday within Pec. 20, issi. the District of Columbia shall fall on the first day of the 22 stat. L_., i. week, commonly called Sunday, then and in such event D u e f?iJt l of t 8o- the day next succeeding shall be a holiday within the Dis- lumbia, failing trict of Columbia, and shall for all purposes of presenting ^"s^oYb. c., for payment or acceptance, for the maturity and protest & ^. ' and giving notice of the dishonor of bills of exchange, oh, 38,'and'note. ' bank-checks, and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on such holiday shall be deemed as having matured on the Saturday previous. That the employees of the Navy Yard, Government Print- Jan. e, isss. ing Office, Bureau of Printing and Engraving, and all other 23 stat. L., 5ie. per diem employees of the Government on duty at Wash- , per diei " ,, m - ! n -r-r -j -i r>i; i 11 t -11 -i ployees ot the ington, or elsewhere in the United States, shall be allowed Government to the following holidays, to wit : The first day of January, the ^ h 58jJJf twenty-second day of February, the fourth day of July, the Jan. 31, im, twenty-fifth day of December, and such days as may be designated by the President as days for national thank s- giving, and shall receive the same pay as on other days. That all per diem employees of the Government, on duty Feb. 23, isi. at 'Washington or elsewhere in the United States, shall 24 stat. L., 6 be allowed the day of each year, which is celebrated as " Memorial" or " Decoration Day" and the fourth of July r of each year, as holiday, and shall receive the same pay as *f and 4th of on other davs. Jan. 31, 1379, ch. 38. That the thirtieth day of May in each year, usually called Aug. i, isss. "Decoration Day," shall be, and hereby is, made a holiday 25 stat. L., 353^ 192 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. _ Dec o tio . n within the District of Columbia as fully in all respects as Day a holiday in jii ., i ITT > t 11 District of Co- are the days mentioned as holidays m section nine hundred , in( j ninety-three of the Revised Statutes of the District of Columbia. June 28, 1894. That the first Monday of September in each year, being 28 stat. L., 96. the day celebrated and known as Labor's Holiday, is hereby u^iichoi?da^ ama( le a legal public holiday, to all intents and purposes, in B. a., B, J.,' 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. Title 4> SEC. 173. Each chief clerk in the several Departments, ^chief clerks to and Bureaus, and other offices connected with the Depart- di'uate clerks or ments, shall supervise, under the direction of his immedi- i3 AU 52l 6 ' 1842>8 ' a ^ su P er i r ? the duties of the other clerks therein, and see that they are faithfully performed. chief clerks to SEC. 174. Each chief clerk shall take care, from time to dtetri ies, time ^ that j. he duties of tbe other c i er k s are distributed idem. w fth equality and uniformity, according to the nature of the case. 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. Duty of chief SEC. 175. Each head of a Department, chief of a Bureau, on^receipt of re- Qr o ft ier superior officer, shall, upon receiving each monthly idem. report of his chief clerk, rendered pursuant to the preceding- section, 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 exist- ing defects in the arrangement or dispatch of business disclosed by such report. Disbursing SEC. 176. The disbursing clerks authorized by law in the c Ma?.' 3, 1853, s. several Departments shall be appointed by the heads of 5v v - J o 1 I J > S?~ 21 ! ; the respective Departments, from clerks of the fourth class ; Alar, o, 1055, 8. , i i it i T -i^ii TT -A. j tix _i ^1 T. 10, p. 669; Mar. and shall each give a bond to the United States for the P IsF' 8 ' lf v ' 1?I faithful discharge of the duties of his office according to 'see act Mar. 3, law in such amount as shall be directed by the Secretary ff^^pSof the Treasury, and with sureties to the satisfaction of w r 6D aud Nav 6 ' ^ e Solicitor of the Treasury; and shall from time to time De r p a a rtme a nt renew, strengthen, and increase his official bond, as the ^a d vv g 'De n ar e t r Secretary of the Treasury may direct. Each disbursing ment.'' clerk, except the disbursing clerk of the Treasury Depart- ment, must, when directed so to do by the head of the Department, 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 thousand dollars a year. CIVIL SERVICE TEMPORARY VACANCIES. 193 SEC. 194. The head of each Department shall make an Report of r ,, ,. ,, , , , clerks employed. animal report to Congress of the names of the clerks and Aug. 26, 1342 other persons that have been employed in his Department 8-11 ' Vf5 ' p-525< and the offices thereof; stating tbe time that each clerk or other person was actually employed, and the sums paid to each; also, whether they have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better dispatch of business. SEC. 195. Except where a different time is expressly Time of n * ub j prescribed by law, the various annual reports required to Sportf. * be submitted to Congress by the heads of Departments^* acts of shall be made at the commencement of each regular ses- sion and shall embrace the transactions of the preceding year. SEC. 198. The head of each Department shall, as soon of B JS3^ ee Jf' as practicable after the first day in July in each year in be tiled in inte- which a new Congress is to assemble, cause to be filed in ri A^ e 27, r m6 D s.' the Department of tbe Interior a full and complete list of i, v/a" V us-, all officers, agents, clerks, and employees employed in his v/^ p%J 8 o ; Vuiy Department, or in any of the offices or Bureaus connected JJ^Dec 15 iW?' therewith. He shall include in such list all the statistics 8 . 2', v?2o, p. 13 j peculiar to his Department required to enable the Secre- " J$ im >v- tarv of the Interior to prepare the Biennial Register, see Public Documents. TEMPORARY VACANCIES. Sec. 177. Vacancies, how temporarily filled. 178. Vacancies in subordinate offices. 179. Discretionary authority of the Presi- drat. 180. Temporary appointments limited to ten days. Sec. 181. Restriction on temporary appoint- ments. 182. Extra compensation disallowed. Title * SEC. 177. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole vacancies,how assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventy- nine, perform tbe duties of such head until a successor is appointed, or such absence or. sickness shall cease. SEC. 178. 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 tbe Depart- Idem > 8 - 2 - ment, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as pro- vided 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. see note i. vacancies in b rd Under sections 177 to 180, a vacancy occasioned by the death or resignation ad of a Department, or of a chief of a bureau therein, can be filled by Note 1. of the hea a]>] 'Ointment ad interim for a period oi ten days only. The power is then exhausted!. (Op. XVI, 596, Devens, Dec. ai, 1880.) The ten days is to be computed from tho date of the President's action. (Ibid, 457.) 376 - 13 194 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. cases mentioned in the two pre- ceding sections, except the death, resignation, absence, or 3 ^ Ul 'i5 23 p 86 i68' sickness, of the Attorney-General, the President may, in June 22' 1870, s! his discretion, authorize and direct the head of any other 2, v, 16, p. 162. Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sick- ness or absence of the incumbent shall cease. TnTenTs^ifm ^ E0 ' *^' ^ vacailc y occasioned by death or resignation r?ed*o n 1761. jfo mO ney shall be paid from the Treasury, certain appoint- . , \ , *.f* eesto mi vacan- as salary, to any person appointed during the recess ot the of e senate grec 8 ' s Senate, to till a vacancy in any existing office, if the idem. ' 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. ^ EC * 1*^2. No money shall be paid or received from the Treasury, or paid or received from or retained out of any public moneys or funds of the United States, whether in the Treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercis- Note 2. This provision (sec. 182) was designed to bo general, and applies as well to those vacancies which are supplied by operation of the statute as t~> those which are filled by designation of the President. (Op.. Xill, 7, Mur. 26, 1802, Hoar.) v. CIVIL SERVICE -- TENURE OP OFFICE. 195 ing the ditties or functions of any office contrary to sections seventeen hundred and sixty-seven to seventeen hundred ^" and seventy, inclusive; nor shall any claim, account, 20, ISTS, voucher, order, certificate, warrant, or other instrument 100 - providing for or relating to such payment, receipt, or reten- tion, be presented, passed, allowed, approved, certiGed, or ' see note i. paid by any officer, or by any person exercising the func- tions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof. Every person who violates any of the provisions of this section shall be deemed guilty of a high misdemeanor, and shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both. That sections seventeen hundred and sixty-seven, seven- March 3, 1887. teen hundred and sixty-eight, seventeen hundred and sixty- 24 stat. L., 500. nine, seventeen hundred and seventy, seventeen hundi^'^^^^f^j'. and seventy-one, and seventeen hundred and seventy- two si relating to. of the llevised Statutes of the United States are hereby 83 K r 7 p 6 7-i772 K ' S '' repealed. SEC. 1773. The President is authorized to make out and commissions. deliver, after the adjournment of the Senate, commissions for all officers whose appointments have been advised and consented to by the Senate. SEC. 1774. Whenever the President, without the advice Notification of and consent of the Senate, designates, authorizes, or s^j."^-'* 8 *? employs any person to perform the duties of any office, he Treasury. shall forthwith notify the Secretary of the Treasury thereof, and the Secretary of the Treasury shall thereupon com- municate such notice to all the proper accounting and dis- bursing officers of his Department. SEC. 1775. The Secretary of the Senate shall, at the close Jlom ( J n i f t t io n i s D re f of each session thereof, deliver to the Secretary of thejectiona, etc., to Treasury, and to each of the Assistant Secretaries of tfrei^JJj r y ot Treasury, and to each of the Auditors, and to each of idem, 9. 7. the Comptrollers in the Treasury, and to the Treasurer, and to the Eegister of the Treasury, a full and complete list, duly certified, of all the persons who have been nomi- nated to and rejected by the Senate during such session, and a like list of all the offices to which nominations have been made and not confirmed and filled at such session. SEC. 178G. Whenever any person holds office, except as & Proceedings a member of Congress or of some State legislature, con- fif^fiy holding trary to the provisions of the third section of the r31 1870 8 teenth article of amendment of the Constitution, the dis- u, v a iG, p. 143.' trict attorney for the district in which such person holds S 66110162 - office shall proceed against him by writ of quo warranto, returnable to the circuit or district court of the United States in such district, and prosecute the same to the removal of such person from office. Xote 1. Sections 1767 to 1772, both inclusive, contained in the Hogg revision, defin- ing tin- tenure of office, were repealed by act March 3, 1887, above. \ be passed to his credit on recovering the money. The rightful owner does not lo.se his right. to be paid out of any money in the Treasury not otherwise appropriated, as the law authorized. (Op., XVI, 193, Devens, Oct. 23,' 1878 ; seealsoOp.. I V. li'.is, :)7; V, 183.) Claims against the (iovernment which are disputed by the officers authorized to nd.jnst such accounts may be compromised. If the claimant voluntarily enters into Mich a compromise, accepting a smaller sum than his demand and giving a receipt in full for the whole, ho 19 bound by the adjustment. (C. C., v. 8, p. 134, Sweeney's Case.) \V hero Congress appropriated a certain sum to pay a claimant, and the head of a Department found a less sum due and paid tin- latter, the appropriat inn was exhausted when the amount awarded was paid. A succeeding Secretary has no. jurisdiction to award claimant an additional sum. (Op., IX, 451, Black. ,1 nl'y 'JO, I860; see also Op., X, 238, Bates, Apr. 29, 1S'J.) If funds to pay a claim are sent at request of claimant, by express, the claim is CLAIMS AND CLAIM AGENTS. 199 SEC. 3469. Upon a report by a district attorney, or any Title 36. special attorney or agent having charge of any claim in Compromise, favor of the United States, showing in detail the condition lo^^ttJpJM? 1 8> of such claim, and the terms upon which the same may be see note 5. ' compromised, and recommending that it be compromised upon the terms so offered, and upon ' the recommendation of the Solicitor of the Treasury, the Secretary of the Treas- ury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. SEC. 3477. All transfers and assignments made of any Title 36. claim ui)on the United States, or of any part or share Assignments of thereof, or interest therein, whether absolute or conditional, Jjjj 1 "^ 1111 uu ~ and whatever maybe the consideration therefor, and all e jufy29,iat6,v. powers of attorney, orders, or other authorities for receiv- Jyj;* 1 ^ 6 ^, 26 ' ing payment of any such claim, or of any part or share no.' 8 thereof, shall be absolutely null and void,' unless they are Seenote6 - 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 issuing of a war- rant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for pay- ment, and must be acknowledged by the person making them, before an officer having authority to take acknowl- edgments 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 explained the transfer, assignment, or warrant of attorney to the person acknowledging the same. thereby discharged, whether the funds were received or not. If sent by draft, at his request, claim subsists, unless draft lias been paid [to proper party]. A dis- bursing agent remitting funds due claimant, to his attorney, under instructions from the attorney, given without the knowledge or consent of 'the claimant, which were not paid over, would he liable to the Government and the Government to the claim- ant. (Op., XIV, 485. Williams, Oct. 29, 1874.) Where Congress directs the "adjustment and settlement" of a claim "according to the rules and regulations heretofore adopted by the United States in the settle- ment of like cases,' 1 and it appears that Congress lias generally given interest in like cases, it will be allowed. (C. C., X, p. 231. Affirmed by Supreme Court.) It is a general rule, founded upon sound principles and uniformly adhered to in the administration of the Government, that the Executive Depart ments neither allow nor charge interest to parties in account witli the United States, excepting by virtue of express agreement or in pursuance of some special provision of law. (Holt's Digest, p. 204.) Interest can not bo allowed except "upon a contract expressly stipulating for the payment of interest." (C. C.,I, p. 220.) As to interest, see Op., IV, 14,79, 136; V, 105, 138. Note 0. Under section 3469, the Solicitor of the Treasury may properly recommend the acceptance of a compromise offered in discharge of a claim of the United States before payment, where the district attorney advises acceptance upon the ground that, from want of evidence to establish the facts on which a verdict must depend, lie doubts his ability to obtain a, judgment, even though the defendant is able to pay the amount of the claim. (Op., XVI, 259, Devens, Jan. 30, 1879.) This section was intended to provide for compromising claims in favor of the United States which are of a personal character; does not extend to claims to real property to which the United States asserts ownership and has a record title. (Op., XVI, 385, Devens, Oct. 1, 1879.) It does not confer upon the Solicitor of the Treasury a discretion to recommend for compromise cases in which the claim is entirely solvent, but where circumstances of hardship, etc., exist, (pp., XVI, 617, Phillips, Jan. 8, 1879.) Note G. Though the assignment of a claim against the Government be void under section 3477, Revised Statutes, yet if the Treasury recognizes the assignment and pays the amount found due on an accounting to the assignee, an action will not lie to recover it back. (C. C., XIII. 292.) [See in this opinion a statement as to the manner in which accounts and claims against the Government are settled by the accounting officers.] This section, 3477, not only extends to claims which are to be paid by Treasury warrants, but extends to those which relate to claims otherwise payable. (Op., XVI, 261. Devens, Feb. 7, 1879.) A power of attorney for the collection of a claim against the Government, not 200 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. by per- SEC. 3478. Any person prosecuting claims, either as attorney or on bis own account, before any of the Depart- i v'i2 i) 7 '6U) 62 ' 8 ' men ^ s or Bureaus of the United States, shall be required to take the oath of allegiance, and to support the Consti- tution of the United States, as required of persons in the civil service. who may ad SEC. 3479. The oath provided for in the preceding sec- "SlSjIfS " h tion may be taken before any justice of the peace, notary See note 7. public, or other person who is legally authorized to admin- ister an oath in the State or district where the same may be administered. loSfisTs 3 f dis ^ EC * 34SO. It shall be unlawful for any officer to pay any 'Mar. t8 2, 1867, account, claim, or demand against the United States which Res. 46, v. u, p. accrue d or existed prior to the thirteenth day of April, see note s eighteen hundred and sixty-one, in favor of any person 3, 1f?7^c.ioS a p.' w o promoted, encouraged, or in any manner sustained 362, v.'io, as to the late rebellion, or in favor of any person who during conSactors. raai such rebellion was ii ot known to be opposed thereto, and distinctly in favor of its suppression; and no pardon here- tofore granted, or hereafter to be granted, shall authorize the payment of such account, claim, or demand, until this section is modified or repealed. But this section shall not be construed to prohibit the payment of claims founded upon contracts made by any of the Departments, where such claims were assigned or contracted to be assigned prior to the first day of April, eighteen hundred and sixty- one, to the creditors of such contractors, loyal citizens of loyal States, in payment of debts incurred prior to the first day of March, eighteen hundred and sixty one. Title 70, chap. 5. SEC. 5454. Every person who takes and carries away, unlawfully without authority from the United States, from the place papl"! reiatiSI where it had been filed, lodged, or deposited, or where it to claims. may for the time being actually be kept by authority of executed in the presence of " two attesting witnesses after the allowance of such claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof," is void underthe act of February 26, 1853. (C. C., V, 362 ; see also Op., IX, 188.) The revocation of a power of attorney can only bo affected by notice to the agent. Notice to a third party, without notice to the agent, leaves the power in force. (C. C., VII, 535.) A. power of attorney not given on account of any valuable consideration paid to the principal may be revoked before the exercise of authority under it. (Op., IX, 128.> Where a letter of attorney forms part of a contract, and is security for money, or for the performance of any act which is deemed valuable, it is generally made irrevo- cable in terms, or, if not so, it is deemed irrevocable in law. If a power of attorney be coupled with an "intercut" it survives the person giving it and mav be executed after his death. (VIII Wheaton, 203 ; see Op., VII, 35.) A naked power of attorney is revokablo at the will of him who gave it, although the writing should say it was irrevocable. (Op., VII, 38.) See Op., XI, 7, where it was held that, although an agent, under a power to prose- cute, demand, recover, and receive a claim, did prosecute it to the award, and another was appointed to collect, the installment could be paid to the latter the power of the former not having been coupled with an interest. Note 7. It is competent to the head of a Department, as a measure for the protec- tion of the public interests committed to his charge, to decline to recognize, or to Huspend, the transaction of business witli an agent or attorney for frauds and fraud- ulent practict a attempted or committed by him in the prosecution of claims before the Department, and whose character is such that a reasonable degree of confidence can not be placed in his integrity and honesty in dealing with the Government. (On., XIII, 150, Hoar, Oct. 4, 1869.) Note 8. This section applies only to claims that accrued or existed prior to April 13,1861. It does not apply to claims in favor of corporations aggregate. (Op., XIII, 398, Mar. 29. 1871, Akerman.) This section created a personal disability only, which could not operate against the heirs of parties thus disqualified. (Winthrop's Digest, p. 168.) Applicable to claims for bounty land. (Op., XV, p. 450.) CLAIMS AND CLAIM AGENTS. 201 the United States, any certificate, affidavit, deposition, v written statement of facts, power of attorney, receipt, v> voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allow- ance or payment of the whole or any part of any claim, account, or demand against tbe United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or has not already been allowed or paid, or who pre- sents or uses or attempts to use any such document, record, file, or paper so taken and carried away in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or pay- ment of the whole or any part of any claim, account, or demand against the United States, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars. SEC. 5498. Every officer of the United States, or person Title 70, chap, e. holding any place of trust or profit, or discharging any ~ offi^er^~etc^ official function under, or in connection with, any Execu- c? a ims e8ted in tive Department of the Government of the United States, Feb/26,i853, 8 . or under the Senate or House of Representatives of the 2 '^'^;^,. United States, who acts as an agent or attorney for prose- Bribes, etc., DI- cuting any claim against the United States, or in any man- V1 ner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives 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 consid- eration of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both. That when any final judgment recovered against the Mar. 3, 1875. United States or other claim duly allowed by legal authority, Amountofdebt shall be presented to the Secretary of the Treasury for pay- ^"f^j^ 10 ^ 8 ment, and the plaintiff or claimant therein shall be indebted Tug judgmental to the United States in any manner, whether as principal or etc - surety, it shall be the duty of the Secretary to withhold pay- ment 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 secretary to the plaintiff to the United States. But if such plaintiff, or %!&* claimant, denies his indebtedness to the United States, or refuses to consent to the set-off', then the Secretary shall withhold payment of such further amount of such judg- Additional ment, or claim, as in his opinion will be sufficient to cover to be all legal charges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall bo the duty of the Secretary to cause Duty of secre- legal proceedings to be immediately commenced to enforce^. to 8ue ou the same, and to cause the same to be prosecuted to final 202 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 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 Balance, how than the amount so withheld as before provided, the balance Tiaid toclaimant. , ,, , , , . , , , . A . -, Mar. 3, 1875, v. shall then be paid over to such plamtift by sucn Secretary is, p. 48i. with six per cent, interest thereon for the time it has been withheld from the plaintiff. Apr, so, 1878. ^ o c i a i m shall hereafter be allowed by the accounting certain claims officers, under tlieprovisionsof theactof Congress, approved Jue 10, 1874, or by the Court of Claims, or by Congress, to any person, where such claimant, or those under whom he claims, shall wilfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect to such claim, or presented any false evidence to Congress, or to any Department or court, in support thereof. 2, v. 20, p.524. COURT OF CLAIMS. Sec. 188. Evidence to be furnished by the Departments. 1059. Jurisdiction. 1060. Private claims in Congress, when transmitted to Court of Claims. 1061. Judgment for set-off or counter- claim, how enforced. 1062. Decreeon account of paymasters, etc. 1063. Claims referred by Departments. 1064. Procedure in cases transmitted by Departments. 1065. Judgments in cases transmitted by Departments, how paid. 1067. Claims pending in other courts not to be prosecuted in Court of Claims. 1069. Limitation. 1072. Petition. 1073. Petition dismissed if issue found against claimant as to allegiance, etc. Sec. 1074. Burden of proof and evidence as to loyalty. 1076. Power to call upon Departments for information. 1086. Claims forfeited for fraud. 1087. New trial on motion of claimant. 1088. New trial on motion of United States. 1089. Payment of judgments. 1090. Interest. 1091. Interest on claims. 1092. Payment of judgment a full dis- charge, etc. 1093. Final judgments a bar. Act Mar. 3. 1877. Cost of record taxed against losing party. Act Apr. 30, 1878. Fraudulently claim ing more than is due. ActMar. 3, 1883. Act to relieve Congress and Departments in investigai ion of claims. Title 4. SEC. 188. In all suits brought against the United Stales Evidence to be in the Court of Claims founded upon any contract, agree- Department^in 111611 ^? or transaction with any Department, or any Bureau, suits pending in officer, or agent of a Department, or where the matter or ciaims J . ourfc f thing on which the claim is based has been passed upon c vTs 625 ?^ 808 ' 8 ' an( ^ d ec i ( l e( l by any Department, Bureau, or officer author- 'see d note2. i/ed to adjust 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 De- partment, 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 Retired officers Note J. A retired officer of the Army is an "officer of the United Stales" within not to act n s the meaning of II. S.. sec. 5498, which prohibits, under penalty of lino or imprison- counsel. nient, or both, every such officer from acting as an agent or attorney for prosecuting This applies to any claim against the United States, &c. To appear and argue a case for a elaimant naval retired offi- would he to support a claim against the United States, and would subject the ollieer cers. to penalty prescribed by stat M: c . X<>te2. The head of a Department is not at liberty to furnish to the Court of Claims, on a call from that court, information or papers, when to do so would, in his opinion, ho injurious to the puhlie interest. A return setting forth such opinion would in all cases be a sufficient answer to the rule. (< >p., XIII, 539, Akerman, Nov. 24, 1871.) COURT OF CLAIMS CLAIMS. 203 tlio Attorney-General with a full statement, in writing, of all such facts, information, and proofs. The statemen t shall contain a reference to or description of all such official docu- ments or papers, if any, as may furnish proof of facts re- ferred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the De- partment, 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, the statement shall succinctly state the reasons and principles 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 state- ment, 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, iu 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. 1059. The Court of Claims shall have jurisdiction Title i3,ch ap .2i. to hear and determine the following matters: jurisdiction. First. All claims founded upon any law of Congress, or ' upon any regulation of an Executive Department, or upon contracts" any contract, expressed or implied, with the Government *? 1 by Con of the United States, and all claims which may be referred eT Fcb. 24,1355, s. to it by either House of Congress. Ma^ARy"!; p. '48l' ; .Inn 6*22,' 1874, s. 2. v. 18, p. 192. Second. All set offs, counter-claims, claims for damages, set-offs ana whether liquidated or unliquidated, or other demands what- unm-dSteSs. f soever, on the part of the Government of the United States g MM;- *>u*< s against any person making claim against the Government in said court. Third. The claim of any paymaster, quartermaster, com- Disbursingom missary of subsistence, or other disbursing officer of the ce May9,i866,s.i, United States, or of his administrators or executors, for v - 14 .'p- 44. relief from responsibility on account of capture or other- wise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible. Fourth. Of all claims for the proceeds of captured or claims for rap- abandoned property, as provided by the act of March 12; eighteen hundred and sixty-three, chapter one hundred and twenty, entitled "An act to provide for the collection of juiy2,ii8s.2, : abandoned property and for the prevention of frauds &ffijg[*)y insurrectionary districts within the United States," or by p.'243 ; 'reb V 'i8! the act of July 2, eighteen hundred and sixty-four, chap- 1875tVt18 ' p>318> 204 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. See sec. 3, aether two hundred and twenty-five, being an act in addition thereto: Provided, That the remedy given in cases of seiz- ure under the said acts, by preferring claim in the Court of Claims, shall be exclusive, precluding the owner of any property taken by agents of the Treasury Department as abandoned or captured property in virtue or under color of said acts from suit at common law, or any other mode of redress whatever, before any court other than said Court of Claims: Provided also, That the jurisdiction of the Court of Claims shall not extend to any claim against the United States growing out of the destruction or appropria- tion of, or damage to, property by the Army or Navy engaged in the suppression of the rebellion. iu Pr c V on e C r 8 e ' SEC. 1060. All petitions and bills praying or providing when transmit for the satisfaction of private claims against the Govern - c e iaims. C urt f m ^nt, founded upon any law of Congress, or upon any reg- Mar.'a, 1863, 8. ulation of an Executive Department, or upon any contract, 2, v. 12, p. 765. expressed or implied, with the Government of the United States, shall, unless otherwise ordered by resolution of the House in which they are introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Rep- resentatives, with all the accompanying documents, to the Court of Claims. judgments for SEC. 1061. Upon the trial of any cause in which any set- - off, counter-claim, claim for damages, or other demand is f idem s 3 se ^ U P on ^ e ^ ^ ^ ^ Gr veriimeilt; against any person '. s' 1875, making claim against the Government in said court, the to set- cour ^ s } ia n hear and determine such claim or demand both for and against the Government 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 bylaw. Any transcript of such judgment, filed in the clerk's office of any district or circuit court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such courts are enforced. eee n ^ E0t 1062. Whenever the Court of Claims ascertains the comit8of a masters, &c. pay facts of any loss by any paymaster, quartermaster, com- 2 v*i4 p if 6 ' s 'niissary 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 accounting officers of the Treasury shall allow to such officer the amount so decreed, as a credit in the settle- ment of his accounts. claims referred SEC. 1063. Whenever any claim is made against any y jnne a 25 m i868,' Executive Department, involving disputed facts or con- 8 ' s'ee'note*! 76 ' troverted questions of law, where the amount in contro- Note 1. The head of a Department may refer aclaim direct to the Courtof Claims, and ho does not waive his right to send a claim there by allowing it in the first instance to be passed upon by the account ing officers of the Treasury. (C. C., V, p. 64.) Tito head of a Department may transmit a claim to the Court of Claims under sec- tion 1063, 11. S., after the Auditor and Comptroller of the Treasury have settled it and certified a balance due the claimant. (C. C., XII, 319.) The head of an Executive Department can not transmit a claim to the Courtof Claims under section 1063, on tlm {round \\\\\(, it involves disputed facts or contro- verted questions of law, if he is forbidden by law to pay tho claim. (C. C., XV, 414.) COURT OF CLAIMS CLAIMS. 205 versy exceeds three thousand dollars, or where the decision lg || e act Mar, 3, will affect a class of cases, or furnish a precedent for the future action of any Executive Department in the adjust- ment of a class of cases, without regard to the amount involved in the particular case, or where any authority, right, privilege, or exemption is claimed or denied under the 'Constitution of the United States, the head of such Department may cause such claim, with all the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the Court of Claims, and the same shall be there proceeded in as if originally commenced by the vol- untary action of the claimant; and the Secretary of the Treasury may, upon the certificate of any Auditor or Comp- troller of the Treasury, direct any account, matter, or claim, of the character, amount, or class described in this section, to be transmitted, with all the vouchers, papers, documents, and proofs pertaining thereto, to the said court, for trial and adjudication : Prodded, That no case shall be referred by any head of a Department* unless it belongs to one of the several classes of cases which, by reason of the sub- ject-matter and character, the said court might, under existing laws, take jurisdiction of on such voluntary action of the claimant. SEC. 1064. All cases transmitted by the head of any Procedure in Department, or upon the certificate of any Auditor or teT\y tr Deprt- Cornptroller, according to the provisions of the precedingment^ section, shall be proceeded in as other cases pending in the 8 . 7,"" 15, p. 76. ' Court of Claims, and shall, in all respects, be subject to the same rules and regulations. SEC. 1005. The amount of any final judgment or decree Judgments in rendered in favor of the claimant, in any case transmitted ted^by^Dei^rt- to the Court of Claims under the two preceding sections, ments,' how paid. shall be paid out of any specific appropriation applicable?, , Ys?' v^isf a p.' to the case, if any such there be; and where no such appro- 4 i. priation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court. SEC. 1067. No person shall file or prosecute in the Court . claims pending of Claims, or in the Supreme Court on appeal therefrom, "ot^be prose 8 any claim for or in respect of which he or any assignee ofgjJgJ* nCoinrtof his has pending in any other court any suit or process June 25, iseg, s. against any person who, at the time when the cause () f 8 . v - ]5 .p- 677 - action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immedi- ately, under the authority of the United States. SEC. 1009. Every claim against the United States, cog- Limitation. nizable by the Court of Claims, shall be forever barred 10,^2 3 p.767 3> "' unless the petition setting forth a statement thereof is see note i. filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Eepresentatives 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 Note J.-The statute of limitations prescribed by the amended Court of Claims act (Mar. 13, 1863, 12 Stat. L., 765, 10) doea not extend to claims in the Executive Departments. (C. C., XIV, 149.) 206 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. twenty-one years first accrued during minority, and of idiots, lunatics, insane 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 disa- bility 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. ivtition. r SEC. 1072. The claimant shall, in all cases, fully set forth i,^r e . b io, 4 p 85 6i2| in his petition the claim, the action thereon in Congress, or v [ r VT^?' 8 ' ^ ky ail Y f t ne Departments, if such action has been had; what persons are owners thereof or interested therein, when and upon what consideration 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 to rebellion against the said Government, and that he believes the facts as stated in the said petition to be true. And the said petition shall be verified by the affidavit of the claim- ant, his agent, or attorney. Petition dig- SEC. 1073. The said allegations as to true allegiance and missed, if issue , . .,. . found against voluntary aiding, abetting, or giving encouragement to fegla^ce* etc to al "rebellion against the Government maybe traversed by the Mar. 3, 1863, g. Government, and if on the trial such issues shall be de- 12, v. 12, p. TOT. c j^ ec [ against the claimant, his petition shall be dismissed. Burdenofproof g EC> 1Q74. Whenever it is material in any claim to ascer- and evidence as,. TJI 1-1 1-1 i to loyalty. tain whether any person did or did not give any aid or ^ June 25j_868 ,s. com f or t to the late rebellion, the claimant asserting the loyalty of any such person to the United States during such rebellion shall be required to prove affirmatively that such person did, during said rebellion, consistently. adhere to the United States, and did give no aid or comfort to persons engaged in said rebellion; and the voluntary resi- dence of any such person in any place wherfc, at any time during such residence, the rebel force or organization held sway, shall be prima-facie evidence that such person did give aid and comfort to said rebellion and to the persons engaged therein. Power to call SEC. 1076. The said court shall have power to call upon mens D for p infoV- an y f tne Departments for any information or papers it '"i-vb'ai 1855 8 imi y d eem necessary, and shall have the use of all recorded 11, v. 10, p. i4.' and printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution ot its business. But the head of any Department may refuse and oinit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the public interest. COURT OF CLAIMS CLAIMS. 207 SEC. 1086. Any person who corruptly practices or at- f 2tomf rfwted tempts to practice any fraud against the United States in Mr.Vi883, s. the proof, statement, establishment, or allowance of any 11 ^ i ; 1 .^J ) o J b J claim, or of any part of any claim against the United'so, 1878, States, shall ipso facto forfeit the same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same. SEC. 1087. When judgment is rendered against any claim- New trial on ant, the court may grant a new trial for any reason which, ou ot claim " by the rules of common law or chancery in suits between [ Feb. 21, 1355, a. individuals, would furnish sufficient ground for granting a 9> v * 10 ' p ' 6L new trial. SEC. 1088. The Court of Claims, at any time while any New trial on claim is pending before it, or on appeal from it, or within states" f two years next after the final disposition of such claim, may, Jue25, isos, s. on motion on behalf of the United States, grant a new trial ' Vil5)I> - 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 stay- ing the payment of a judgment, the same shall be payable and paid as now provided by law. SEC. 1089. In all cases of final judgments by the Court . Payment of of Claims, or, on appeal, by the Supreme Court, where the^M^.T^ses, s. same are affirmed in favor of the claimant, the sum due^; g 2 '-^ 76 / thereby shall be paid out of any general appropriation i8,p!48i. made by law for the payment and satisfaction of private 18 S ^ M u r ud e 3 r claims, on presentation to the Secretary of the Treasury of Claim's. a copy of said judgment, certified by the clerk of the Court of Claims, and signed by the chief justice, or, in his absence, by the presiding judge of said court. SEC. 1090. In cases where the judgment appealed from is interest, in favor of the claimant, and the same is affirmed by the 7) ^ 12, p. Tee!*' 8 ' Supreme Court, interest thereon at the rate of five per centum shall be allowed from the date of its presentation to the Secretary of the Treasury for payment as aforesaid, but no interest shall be allowed subsequent to the affirm- ance, unless presented for payment to the Secretary of the Treasury as aforesaid. SEC. 1091. No interest shall be allowed on any claim up interest claims, to the time of the rendition of judgment thereon by the Court of Claims, unless upon a contract expressly stipu- lating for the payment of interest. SEC. 1092. The payment of the amount due by any judg- 11 J a ll ^ t e " t 1 -u 1 { ment of the Court of Claims and of any interest thereon a'iSrge, etc" allowed by law, as hereinbefore provided, shall be a full Idem - discharge to the United States of all claim and demand touching any of the matters involved in the controversy. SEC. 1093. Any final judgment against the claimant on Final judg- auy claim prosecuted as provided in this chapter shall for- m i afcni a a ever bar any further claim or demand against the United 208 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. States arising out of the matters involved in the contro- versy, jj, 1877. There shall be taxed against the losing party in each and Cost of print- every cause pending in the Supreme Court of the United ialeragVinst States or in the Court of Claims of the United States, the losing party. cost of printing the record in such case, which, shall be 105^ s r 'i 3 ,' v 8 i9,p.' collected, except when the judgment is against the United s**- States, by the clerks of said courts, respectively, and paid into the Treasury of the United States. Apr, so, 1878. No claim shall hereafter be allowed * * * by the claims not to Court of Claims * * * to any person, where such morei8^roudu* claimant, or those under whom he claims, shall wilfully, utiy 8 claimed knowingly, and with intent to defraud the United States, th Ap i s so, 6 1878, have claimed more than was justly due in respect of such ch. 77, s. 2, v. 20,' claim or presented any false evidence to Congress, or to any Department or court, in support thereof. Mar. 8, 1888. That whenever a claim or matter is pending before any stat, L., 1881- committee of the Senate or House of Representatives, or 1883, v. 22. before either House of Congress, which involves the investi- Keference of .. , .. ,. ~ ,, * ,. ... . claims pending gation and determination of facts, the committee or house before Congress. ma y cause ne same , with the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the Court of Claims of the United States, and the same shall there be proceeded in under such rules as the court may adopt. When the facts shall have been found, the court shall not enter judgment thereon, but shall report the same to the committee or to the house by which the case was transmitted for its consideration. Reference of SEC. 2. That Avhen a claim or matter is pending in any 5ui%S 116) session to session and from Congress to Congress until the same shall be finally acted upon. CONTINGENT FUNDS. Sec. 192 and 1779. Expenditure for uewspa- pt-rs, periodicals, etc. 19;!. Annual report of expenditure. 430. Estimates lor contingent expenses. 1780. Failure to make report. 367G. How controlled, etc. Sec. 3682. Restrictions on contingent appro- priations. 3683. Purchases from contingent fund restricted. Statement to be made to Congress. Not to be used to pay salaries. SEC. 192. The amount expended in any one year for news- Title 4. papers, for any Department, except the Department of State, Expenditure including all the Bureaus and offices connected therewith, ^^TSRffiu. shall not exceed one hundred dollars. And all newspapers 16, v. s.'p. 526. purchased with the public money for the use of either of the Departments must be preserved as files for such Department. SEC. 1779. No executive officer, other than the heads of Title 19 - Departments, shall apply more than thirty dollars, annually, Expenditure out of the contingent fund under his control, to pay for fo ^7JiI5^. newspapers, pamphlets, periodicals, or other books or prints 3, v. 5, P . 349. not necessary for the business of his office. SEC. 193. The head of each Department shall make an Annual report annual report to Congress, giving a detailed statement of Jf ^tiUgeSt the manner in which the contingent fund for his Depart- fu jJ 8 - 26 merit, and for the Bureaus and offices therein, has been 8 . 2o"v.'5, p'. 527. ' expended, giving the names of every person to whom any 18 ^ Juno 20> 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 rendered such service necessary; and the amount of all former appropria- 376 14 210 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. tions 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 direc- tion and authority, the return of precise and analytical statements and receipts for 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. Title 10. SEC. 430. All estimates for * * * contingent expenses Estimates for of the Department, and of the several Bureaus, shall be ex 5, See sec. Appropriati uTy Ti862, s. furnished to the Secretary of the Navy by the chiefs of the v. 12, p.' 511 . ' respective B ur eaus. SEC< 178 ' EveI>V ffi cer Wno HOglectS OF refuses to make any return or report which he is required to make at stated 42 J v 1 i4 1 p i?' 8 ' times by any act of Congress or regulation of the Depart- ment of the Treasury, other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars and not less than one hundred. Title 41. SEC. 3676. All appropriations for * * * contingent Appropriations expenses for the Navy Department shall be under the con- olk i-.S S bu ^ ro ^ an( ^ expended by the direction of the Secretary of the be kiptNavy, and the appropriation for each Bureau shall be kept l' J862 s separate in the Treasury. p! 511 ' ui 5, v. lip 511. SEC - 3683< No monevs appropriated for contingent, inci- appropriations." dental, or miscellaneous purposes shall be expended or paid 3, v"ip 2 25o!' 8 ' for official or clerical compensation. ' p See Aug. 7, 882. SEC ' 3683< No P art of the contingent fund appropriated restricted. to any Department, Bureau, or office, shall be applied to tne purchase of any articles except such as the head of the Department shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be procured. June 20, 1874. Hereafter a. detailed statement of the expenditure for statement of ex- the preceding fiscal year of all sums appropriated for con- S^I?rtedStb^^ n S eilt expenses in any Department or Bureau of the ning of session. Government, shall be presented to Congress at the begin- of each regular session. v. 19, p. 156306; June> 20, 1874, v. 18, p. 85, and eub- ><-i| urnt acts. See note 2. Aug. 7, 1882. And no civil officer, clerk, draughtsman, copyist, mes- Contingentfnmi senger, assistant messenger, mechanic, watchman, laborer, "a* t c5erk8 8 etc t or ^ ner employe" shall hereafter be employed at the seat of government in any executive department or subordinate Note 1. The naval appropriation act of August 5, 1882, forbids paying from the contingent fund of the Navy for personal services in the Navy Department or any of its subordinate bureaus or offices in the District of Columbia. Note 2. The Secretary of the Navy can draw on the contingent fund for purposes ofoa 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. (Op.Tl, 302, Wirt.) The words "contingent expenses," aa used in the appropriation nets, mean such incidental, casual expenses us are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Department or the office for which the appropriation is made. (Op., XVI, 412, Devens, Dec. 19, 1879.) DEBTS DUE BY OR TO THE UNITED STATES. 211 bureau or office thereof, or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and pay- ment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropria- tion from which payment is made, and at the rate of com- pensation usual and proper for such services. * * * DEBTS DUE BY OR TO THE UNITED STATES. Sec. 3466. Priority established. 3467. Liability of executors. 3468. Priority of sureties. 3469. Compromises. 3470. Purchase on execution. Act Mar. 3, 1875. Deduction of debts due from judgments. SEC. 3466. Whenever any person indebted to the United Titio so. States is insolvent, or whenever the estate of any deceased Pl . iority egtab . debtor, in the hands of the executors or administrators, is li8 j^ ( J ; insufficient to pay all the debts due from the deceased, the 5, v ai V'p. 5i5J debts due to the United States shall be first satisfied; and ^.2,^799, 8 .65, the priority hereby established shall extend as well to v> cases 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. 3467. Every executor, administrator, or assignee, Liability of ex- or other person, who pays any debt due by the person or c ?J/J5 8 *.j5w 8 estate from whom or for which he acts, before he satisfies 65, v. i, p! 676. " and pays the debts due to the United States from such person or estate, shall become answerable 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. 3468. Whenever the principal in any bond given to Priority of the United States is insolvent, or whenever, such principal M jaS*' being deceased, his estate and effects which come to the hands of his executor, administrator, or assignee, are insuf- ficient for the payment of his debts, and, in either of such cases, any surety on the bond, or the executor, adminis- trator, or assignee of such surety pays to the United States the money due upon such bond, such surety, his executor, 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 main- tain a suit upon the bond, in law or equity, in his own name, for the recovery of all moneys paid thereon. SEC. 3469. Upon a report by a district attorney, or any compromise, 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 recommending that it be com promised xvfrJSb 480 ' upon the terms so offered, and upon the recommendation Mar. 3,' ise's, 8 . of the Solicitor of the Treasury, the Secretary of the 10lV>12 ' p ' 74< Treasury is authorized to compromise such claim accord- 212 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ingly. But the provisions of this section shall not apply to any claim arising under the postal laws. purchase on SEC. 3470. At every sale, on execution, at the suit of the '' x ii'a>- I S!i824, s. United States, of lands or tenements of a debtor, the 2, v. 4, p. si. United States may, by such agent as the Solicitor of the Treasury shall appoint, become the purchaser thereof; but iii no case shall the agent bid in behalf of the United States a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs. Whenever such purchase is made, the marshal of the dis- trict in which trie sale is held shall make all needful con- veyances, assignments, or transfers to the United States. Mar. 3, 1875. That when any final judgment recovered against the Amount of debt United States or other claim duly allowed by legal author- due i i u 'n s i' to u bo ity, shall be presented to the Secretary of the Treasury for withheld by Sec- J > , . ...^ i 11 T retary of Trtiaa- payment, and the plaintiff or claimant therein shall be "ud ine^it^etc^indebted to the United States in any manner, whether as of debtor against 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 dis- charges his judgment or an amount thereof equal to said secretary to debt or claim, the Secretary shall execute a discharge of ch x arge"then! 8 ' the debt due from the plaintiff to the United States. But if such plaintiff, or claimant, denies his indebtedness 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 prose- cuting the debt of the United States to final judgment. Proceeding^ And if such debt is not already in suit, it shall be the denie^debt, duty of the Secretary to cause legal proceedings to be imme- diately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch, Balance, how ^nd jf j n Sllcn action judgment shall be rendered against paid when claim- , TT . .j> . ,. , f: ant obtain* judg- the United States, or the amount recovered for debt and nieut against u. cos ^ s s h a n be less than the amouiit so withheld as before ^ Mar. 3, 1875, v. provided, the balance shall then be paid over to such plain- 18 see 4 note]. tiff by such Secretary with six per cent, interest thereon for the time it has been withheld from the plaintiff. . Security for a debt is not payment. The Fourth Auditor is not author- ized to consider security offered for a debt duo tin- United Stiitcs, however ample it may be, a payment of a debt. (Op., I, p. 593, Wirt, Jan. 24, 1823.) DISBURSING OFFICERS AND AGENTS. 213 DISBURSING OFFICERS AND AGENTS. Bee. 285. Disbursements by order of com- manding officer. 057. Suits agjuiiat delinquents. i::s.i. ravinaMers not to loan. l. r .r>o. Disbursing agents on foreign sta lions. l.")G:!. Advances on distant stations. 17<;2. Accounts, when to be rendered. 3023. Distinct accounts required. 3624. Suits to recover moneys from of- ficers. 3630. Duties of custodian of public money. 3648. Advances prohibited. Sec. 5481. Officers guilty of extortion. 5483. Requiring receipts for larger sums than paid. 5488. Unlawfully depositing, loaning, etc., public moneys. 5490. Custodian of public money failing to safely keep without loaning, etc. 5491. Failure of officers to render ac- counts, etc. 5492. Failure to deposit as required. 5493. Provisions of the five preceding sections, how applied. 5494. Record evidence of embezzlement. 5495. Prima-facie evidence. 5496. Evidence of conversion. 5497. Unlawfully receiving, etc., to be embezzlement. Act Feb. 3, 1879. Embezzlement by in- ternal-revenue officers, etc., pen- alty. SEC. 285. Every disbursement of public moneys, or dis- Title ?, chap. 4. posal of public stores, made by a disbursing officer pursuant Disbursements, to an order of any commanding officer of the Navy, shall commandfnoffi* be allowed by the proper accounting officers of the Treasury, cer of Navy in the settlement of the accounts of the officer, upon satis-re factory evidence of the making of such order, and of the payment of money or disposal of stores in conformity with it; and the commanding officer by whose order such dis-- bursement or disposal was made, shall be held accountable for the same. SEC. 957. When suit is brought by the United States Titiei8,ciia P .i8. against any revenue officer or other person accountable for Delinquents for public money, who neglects or refuses to pay into the Treas- ^SSat e rfr ury the sum or balance reported to be due to the United turn term, un States, upon the adjustment of his account it shall be the 3e 5 a y tc 3 1797 s duty of the court to grant judgment at the return term, 3,v.i,p.5i4. upon motion, unless the defendant, in open court, (the ' United States attorney being present,) makes and sub- scribes an oath that lie is equitably entitled to credits which had been, previous to the commencement of the suit, sub- mitted to the accounting officers of the Treasury, and rejected ; specifying in the affidavit each particular claim so rejected, and that he cannot then safely come to trial. If the court, when such oath is made, subscribed, and filed, is thereupon satisfied, a continuance until the next succeed- ing term may be granted. Such continuance may also be granted when the suit is brought upon a bond or other sealed instrument, and the defendant pleads non est factum, or makes a motion to the court, verifying such plea or motion by his oath, and the court thereupon requires the production of the .original bond, contract, or other paper certified in the affidavit. And no continuance shall be granted except as herein provided. SEC. 1380. It shall not be lawful for any paymaster, Title is, chap. i_ passed assistant paymaster, or assistant paymaster, to Loans to officers advance or loan, under any pretense whatever, to any officer by ^J^iSJ' 8 . in the naval service, any sum of money, public or private, 6. v.j," K ; or any credit, or any article or commodity whatever. r 214 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title is, chap. ?. SEC. 1550. No per son shall be employed or continued Disbursements abroad, to receive and pay money for the use of the naval tn8 reigu sta " service on foreign stations, whether under contract or other- June IT, 1844,8. wise, who has not been, or shall not be, appointed by and with the advice and consent of the Senate. Title is, chap, s. g EC . 1563. The President of the United States may direct Advances tosuch advances, as he may deem necessary and proper, to K'stations.' 118 " sucn persons in the naval service as may be employed on Jan, 31.1823,8. distant stations where the discharge of the pay and emol- ^BeeMMJMtt. uinents to which they are entitled cannot be regularly effected. Title 10 - SEC. 176G. No money shall be paid to any person for his officers in ar- compensation who is in arrears to the United States, until re j^ 25 1828 v he has accounted for and paid into the Treasury all sums 4, p. 246; May 2o,' for which he may be liable. In all cases where the pay or salary of any person is withheld in pursuance of this sec- tion, the accounting officers of the Treasury, if required to do so by the party, his agent or attorney, shall report forth- with to the Solicitor of the Treasury the balance due; and the Solicitor shall, within sixty days thereafter, order suit to be commenced against such delinquent and his sureties. Disbursing offi- SEC. 1788. Every officer of the United States concerned trudo fo ^n ld pubiic in the disbursement of the revenues thereof who carries on funds or prop- an y trade or business in the funds or debts of the United er gept. 2, 1789, s. States, or of any State, or in any public property of either, s i792 p s 6 i2 ; M * y shall be deemed guilty of a misdemeanor, and punished by P. 28i; Mar.' 2, B, fine of three thousand dollars, and shall, upon conviction, 695 9 ' 8 ' 87 ' Vf 1>P< ^ e removed from office, and forever thereafter be incapable f holding any office under the United States. Title 40. SEC. 3614. Whenever it becomes necessary for the head Bond of special of any Department or office to employ special agents, other ^AUS' 4 1854 s * nan officers of the Army or Navy, who may be charged 14, v. 16, p. 573.' ' with the disbursement of public moneys, such agent shall, tins 8 section before entering upon duty, give bond in such form and under attorneys with such security as the head of the Department or office employing them may approve. Note 1. The phrase "who is in arrears to the United States " seems to apply materi- ally and properly only to persons who, having previous transactions of a pecuniary nature with the Government, are found, upon tho settlement of those transactions, to be in arrears to the Government by holding in their hands public ixoneys which they are to refund. (Op., I, 676, Wirt, July 22, 1824 ; III, 52, Butler, Mar. 21, 1836.) Pay of officers, ascertained to be in default, can be withheld where tho time for the accounting duly has actually passed not otherwise. (Op., IV, 33, May 24, 1842, Legare.) " Pay, " "salary, " or "compensation " are synonymous terms, under tho act of Jan- nary 25, 1828, authorizing the withholding of the pay of persons in arrears. 'Die authority does not extend to rations. (Op., II. 420.) "Extra pay," which is not pay proper, can not be withheld. (Op., II, 593.) The officers of the Treasury are authorized to withhold the pay of officers of the Government who are ascertained to bo defaulters, where the time for accounting has actually passed, but not otherwise. "Forthwith " is equivalent to "without unnec- essary delay." (Op., IV, 33, Legare, May 24, 1842.) )f >" It is the duty of disbursing officers to repay funds remaining in hand when the time for them to go to the surplus fund arrives. (Vi-ti lira tea issued previous to that time, upon claims definitely ascertained, may be paid out of these appropriations, even though the time has passed for them to go to the surplus fund, if the disburs- ing officer nas any of the appropriation in his hands. For what period and to what amount such officers should be allowed to retain funds in their hands for that pur- pose is a matter of administration falling within the province of tho Secretary ot the Treasury to regulate. (Op., XV, 357, Devens, Aug. 10, 1877.) Tho words "expenditures incurred" do not mean liabilities incurred. To incur an expenditure is to make a payment to expend money. To incur liability and to incur an expenditure are two different and distinct things : and while the word incur is not frequently used in connection with expenditure, yet when used it means an expenditure actually made. (Op., XIV, 128, AVilliams, Sept. 17, 1878.) DISBURSING OFFICERS AND AGENTS. 215 SEC. 3620. It shall be the duty of every disbursing officer u having any public money intrusted to him for disbursement, "> u, to deposit the same with the Treasurer or some one of the J; e {; JVisft 6 v ; assistant treasurers of the United States, and to draw for 19, P. 249. the same only as it may be required for payments to be made by him iu 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. In places, however, where there is no treasurer or assistant treasurer, the Secretary of the Treasury may, when lie deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regu- lations as he may deem most safe and effectual to facilitate the payments to public creditors. SEC. 3621. Every person who shall have moneys of the United States in his hands or possession shall pay the same m r oneywhenri- to the Treasurer, an assistant treasurer, or some public ^jf^ 1857 B depositary of the United States, and take his receipt for 3, v. n, p '. 249. ' the same, in duplicate, and forward one of them forthwith gSJJJJ ^. to the Secretary of the Treasury. SEC. 3622. Every officer or agent of the United States Accounts. who receives public money which he is not authorized to 1 ^ u[ i^ 7 \^ 6 j^: retain as 'salary, pay, or emolument, shall render his Mai-. 2 1 > i807 1 res! accounts monthly. Such accounts, with the vouchers neces- j u ij* is!' i^Vo, a! sary to the correct and prompt settlement thereof, shall sent by mail, or otherwise, to the Bureau to which they P . 249. ' pertain, within ten days after the expiration of each sue- cessive month, and, after examination there, shall be passed proviso rep oai- to the proper accounting officer of the Treasury for settle- j par ment. Disbursing officers of the Navy shall, however, See sec. 5491. render their accounts and vouchers direct to the proper accounting officer of the Treasury. In case of the non- receipt at the Treasury, or proper Bureau, of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provi- Note 1. If a disbursing officer in good faith deposits public money in a desig- nated depository, loss of the moneys through failure of the bank can not bo imputed to the fault or negligence of the officer. So long as the Government holds him responsible and does not bring suit, so long he has the right to petition the Court of Claims for relief. (C. C., XVII, 189.) Note 2. Money in the hands of a disbursing officer of the United States due and . payable by him to a private person can not bo attached by process out of the State courts. (4 Howard, 20.) It is not competent to the State courts to enjoin officers of the Executive Departments from executing the lawful orders thereof, whether they concern the payment of money for the performance of contracts with the United States or any other matter. (Op., XVI, 257, Devens, Jan. 29, 1879.) The Supreme Court has repeatedly decided that the courts have no jurisdiction or authority over the moneys of the Government in the hands of its agents, and that such moneys can not be enjoined or controlled by a mandamus. (Op., VII, 81, Gush- ing, Mar. 29, 1855.) Not subject to attachment at the suit of creditors of the parties to whom such money is due. (Op., XIII, Akerman, Jan.7, 1872 ; see also Op., X, 120.) DECISIONS OF AUDITORS. Note S.It is no part of the duties of the Auditors (except the Sixth Auditor) to C. C., v. 18, p. make decisions binding in any way upon anybody, and their opinions and decisions 707. Kidgeway's upon controverted questions, if they choose to give them, have no official determining case. force. (K. S., sees. 270-300.) 216 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. July 31, 1894. Current a7- counts; when to see u note i! -when to be Requisitions provedonHfeHn" r tber rea Treasury. for par- fci seenote?' Delays in sions of this section. The Secretary of the Treasury may, if in his opinion the circumstances of the case justify and require it, extend the time hereinbefore prescribed for the rendition of accounts. Nothing herein contained shall, however, be construed to restrain the heads of any of the Departments from requiring such other returns or reports from the officer or agent, subject to the control of such heads of Departments, as the public interest may require. SEC. 12. All monthly accounts shall be mailed or other- wise 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 fhe period to which they relate, and shall be transmitted to and received by the Auditors within twenty 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 tae receipt by the Auditor of a requisition for an advance of money, he shall disapprove 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 overrule the Auditor's decision as to the sufficiency of these latter rea- sons: Provided, That the Secretary of the Treasury shall pre- scribe suitable 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 physical diffi- culty 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 in the administrative Departments beyond the aforesaid twenty or sixty days in transmitting accounts, an order of the Pres- ident in the particular case shall be necessary to authorize the advance of money requested : Note I. This section is a substitute for parts .of R. S., sec. 3622. A portion of that section is expressly repealed at the close of this section 12. See penalty for failure to render accounts, R. S., sec. 5491, and rule as to manner of keeping accounts R. S., sec. 3628. Note 2. By letter of September 29, 18U4, to the Secretary of the Interior, the Sec- retary of the Treasury made the following order under this provision: "Ton are respect fully requested to notify the proper officer of your Department that in accordance with authority contained in section 12 of tin' ' A:u. DISBURSING OFFICERS AND AGENTS. 217 The Secretary of the Treasury shall, on the first Monday of 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. Sections two hundred and fifty and two hundred and sev- Repeal of B. s. f enty-two of the Revised Statutes are repealed. Section thirty-six hundred and twenty-two of the Revised Statutes is amended by striking therefrom the following words: "The Secretaryof the Treasury may, if in his opinion the .Extension of .,,, . ./. , -, ,1 time by Socre- circumstances ot the case justify and require it, extend the tary repealed. time hereinbefore prescribed for the rendition of accounts. 7 ' K - s sec - 3622> ******* SEC. 14. In the case of claims presented to an Auditor where no ad- which have not had an administrative examination, the\"^n ive 8 ^; Auditor shall cause them to be examined by two of his sub- 22,beiow. ' ordinates independently of each other. SEC. 3623. All officers, agents, or other persons, receiv- Distinct ac- ing public moneys, shall render distinct accounts of the^ application thereof, according to the appropriation under ^ which the same may have been advanced to them. SEC. 3624. Whenever any person accountable for public Snit * to oov n r money, neglects or refuses to pay in to the Treasury the or balance reported to be due to the United States, upon the l J Iar - adjustment of his account, the First 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 delinquent, which shall be forfeited in every instance where suit is commenced and judgment ob- tained thereon, and an interest of six per centum per annum, from the time of receiving the money until it shall be repaid into the Treasury. SEC. 3639. * * * all public officers of whatsoever char- Duties of acter, are required to keep safely, without loaning, using, n r s 8 O a depositing in banks, or exchanging for other funds than as one y 8 - f specially allowed by law, all the public money collected by 6, v. nfpjoof Mar! them, or otherwise at any time placed in their possession 3 ' J | 4 5 J; ^.v. 11, and custody, till the same is ordered, by the proper Depart- 1852, s'. 7' v! 10, p! merit or officer of the Government, to be transferred or paid J 2 ^ ^ a ^ : j; ^ out; and when such orders for transfer or payment are July i, 1 864, s . s,' received, faithfully and promptly to make the same ^JiAa&sJsivaai directed, and to do and perform all other duties as fiscal fjg 2 ? Fel >- 18 agents of the Government which may be imposed by Banyan/*" >P law, or by any regulation of the Treasury Department See 8CC - 5497 - made in conformity to law. * * * SEC. 3648. No advance of public money shall be made in ^j^ van ^ f any case whatever. And in all cases of contracts for the prohibited. "' DISBURSING AGENTS OF PUBLIC BUILDINGS. Note 1. An act approved August 7, 1882 (chap. 433, vol. 22, p. 306), provides that " any disbursing n^ent who lias been or may be appointed to disburse any appropri- ation for any Tnitcd States court-house ;ind post-office, or other building or grounds, not located within the city of W.'ishinjjton, .shall bo entitled to the compensation allowed by law to collectors of customs for such amounts as have been or may be disbursed. 218 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Jan.3], 1823, s. performance of any service, or tlie delivery of articles of 3l see8ec 72 i563. any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment. It shall, however, be lawful, 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 persons in the military and naval service employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected. Title 70, chap. o. SEC. 5481. Every officer of the United States who is officer of the guilty of extortion under color of his office shall be puii- U i?iff^of S ettor*i sne( ^ k v a fine of not more than five hundred dollars, or tiou! y * >r by imprisonment not more than one year, except those offi- 12*1*4 p iis 5 ' 8> cers or agents of the United States otherwise differently and specially provided for in subsequent sections of this chapter. for SEC. 5483. Every officer charged with the payment of any of the appropriations made by any act of Congress, 4 M 10 3 > 239^' 8 ' wno P avs to any clerk, or other employe" of the United States, a sum less than that provided by law, and requires such employe" 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 employ6 of the Government, and shall be imprisoned at hard labor for the term of two years. Disbursing of- SEC. 5488. Every disbursing officer of the United States deposit?/.^ co wll de P. s its any public money intrusted to him in any verting, loaning, place or in any manner, except as authorized by law, or pJbiic a "ione r y! ng converts to his own use in any way whatever, or loans s 2 U v 6 i4 4 ' w 66 ' w ith or without interest, or for any purpose not prescribed by law withdraws from the Treasurer or any assistant treasurer, or any authorized depository, or for any purpose not prescribed by law transfers or applies any portion of the public money intrusted to him, is, in every such act, deemed guilty of an embezzlement of the money so de- posited, converted, loaned, withdrawn, transferred, or ap- plied; and shall be punished by imprisonment with -hard labor, for a term not less than one year nor more than ten years, or by a fine of not more than the amount embezzled or less than one thousand dollars, or by both such fine and imprisonment. (0<1 mono 0f ^ EC * ^90. Every officer or other person charged by any ? safely act of Congress with the safe-keeping of the public moneys, oi houtwno * a ^ s * safety keep the same, without loaning, using, . o, 1846, . converting to his own use, depositing in banks, or exchang- ing for other funds than as specially allowed by law, shall be guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged ; and shall be imprisoned not less than six months nor more than ten years, and fined in a. sum equal to the amount of money so embezzled, DISBURSING OFFICERS AND AGENTS. 219 SEC. 5491. Every officer or agent of the United States Failure of om- . " _ - - ~ i i j_ A i C6r to render ftc- who, having received public moiiey wnicli he is iiot author- counts, etc. ized to retain as salary, pay, or emolument, fails to render V J ^^ 7 ^f J^ his accounts for the same as provided by law, shall be is, mb, s.'is, v . deemed guilty of embezzlement, and shall be fined in allSe?;^?*?!?; sum equal to the amount of the money embezzled, and shall ^JKf^f^ c ; be imprisoned not less than six mouths or more than ten 03. '"see M years. 3622 ' 3633 - SEC. 5492. Every person who, having moneys of the ^^^^ United States in his hands or possession, fails to make Mar. 3, iss?, B! deposit of the same with the Treasurer, or some assistant ^ u ^ treasurer, or some public depositary of the United States, v. 9, i>. bs. 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 imprisoned not less than six months nor more than ten years, and fined in a sum equal to the amount of money embezzled. SEC. 5493. The provisions of the five preceding sections shall be construed to apply to all persons charged with thein safe-keeping, transfer, or disbursement of the public money, ai g 1846 a whether such persons be indicted as receivers or deposita-ie.v.o.p.'es. ' ries of the same. SEC. 5494. Upon the trial of any indictment against any Record evi- person for embezzling public money under the provisions SSnt. 61 of the six preceding sections, it shall be sufficient evidence, J, bi(L nA9r />-, / i T i j i C56 86C8. oD^O, for the purpose of showing a balance against such person, 3033, under Dis- to produce a transcript from the books and proceedings of tre " 8 Warrants - the Treasury, as required in civil cases, under the provisions for the settlement of accounts between the United States and receivers of public money. SEC. 5495. The refusal of any person, whether in or out CVC of office, charged with the safe-keeping, transfer, or dis- CV Aug. C 6| ma, . bursement of the public money, to pay any draft, order, or io,v.o, p. 1 GS. warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belong- ing 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 require- ment of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzle- ment, as prima-facie evidence of such embezzlement. SEC. 549G. If anv officer charged with the disbursement Evidence of / j_i i_i , .-i conversion. of the public moneys, accepts, receives, or transmits to the ibid. Treasury Department to be allowed in his favor, any receipt un ^ e e e r che'ck 3 s. 52 ' or voucher from a creditor of the United States, without having paid to such creditor in such funds as the officer received for disbursement*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. Hereafter every officer required by law to take an approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertain- 220 LAWS RELATING TO THE NAVY, MARINE . CORPS, ETC. or oftenor. renewal waiv ed, when. official bonds i n g the sufficiency of the sureties thereon; and every offi- to be examined , . -n^i / b -, i -11-11 every two years, cer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much ofteuer as he may deem it necessary. t<. i.e renewed Hereafter every officer whose duty it is to take and " s - 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 strength- ened ofteuer 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 appointment and qualification of his successor : nf?ecte? ity not Provided) That the nonperformance of any requirement of this section on the part of any official of the Govern- ment 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: Provided 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 quali- fication x)f the successor of the principal: n n a a And further provided. That nothing in this section shall ?iV*s!?383G.' be construed to repeal or modify section thirty-eight hun- dred and thirty-six of the Kevised Statutes of the United States. to continue un- CHECKS AND DRAFTS. Sec. 300. Allowance of lost checks. 30G. Liabilities outstanding three or more years. 307. Vouchers for drafts remaining un- paid. 308. Payment upon presentation of out- standing drafts. 309. Accounts of disbursing officers un- changed for thrqe years. Sec. 310. Reports of disbursing officers, etc. 3645. Regulations lor presenting drafts. 364G. Duplicates for lost or stolen checks. 3017. Duplicate check when olllcor who issued is dead. 3651. Exchange of funds restrict ed. 3652. Premium on sales of public monr\ to be accounted for. Title 7, chap. 4. SEC. 300. Whenever the disbursing officer, or agent by Allowance of whom was issued any check which has been lost, destroyed, lo i-vi, ll( 2 1872 ss OI s ^ en ? i dead, or no longer in the service of the United i, 2, v. 17, p. 29. States, the proper accounting officer shall, under such regu- lations as the Secretary of the Treasury may prescribe, state an account in favor of the owner of such original check for the amount thereof, and charge such amount to the account of such officer or agent. Title 7, chap. 5. SEC. 306. At the termination of each fiscal year all Liabilities out- amounts of moneys that are represented by certificates, nm?ey"ars ncor(lra ^ or checks, issued by the Treasurer, or by any dis- Mny 2, 1866, ss. bursing officer of any Department of the Government, upon M, v. 14, pp. 4i, j ie 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 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 CHECKS AND DRAFTS AND VOUCHERS. 221 outstanding, unsatisfied, 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 respectively issued, or to the persons who are entitled to receive pay therefor, and into an appropriation account to be denominated "out- standing liabilities." SEC. 307. The certificate of the Register of the Treasury, vouchers for stating that the amount of any draft issued by the Treas- J^,," '"' urer, to facilitate the payment of a warrant directed to him 9 May 2 - isoo, 8 . ibr 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 attached to any such warrant, a sufficient voucher in satisfaction of any such warrant or part of any warrant, the same as if the drafts correctly 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 appro- priation for the redemption and payment of all such out- standing and unpaid certificates, drafts, and checks. SEC. 308. The payee or the bona-fide holder of any draft Payment upon or check the amount of Avhich has been deposited andcov- J uT^a nTi iig ered into the Treasury pursuant to the preceding sections, dr *J t .J g 3 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, accord- ( ing to the practice in other cases of authorized and liqui- dated claims against the United States. SEC. 309. The amounts, except such as are provided for Accounts of in section three hundred and six, of the accounts of every e^.sTmfhf ngS kind of disbursing officer, which shall have remained foi j,J|j 1 re g y 5 ear8 ' 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 Treasury, 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. 310. The Treasurer, each assistant treasurer, a "d riJjj^^Jjf each designated depositary of the United States, and the ant treasure) e, cashier of each of the national banks designated as such ^ ofl?cers 8bur8 depositaries, shall, at the close of business on every thirtieth ibid., a. G. day of June, report to the Secretary of the Treasury the condition of every account standing, as in the preceding section specified, on the books of their respective offices, stating the name of each depositor, with his official desig- nation, the total amount remaining on deposit to his credit, and the dates, respectively, of the last credit and the last debit made to each account. fc And each disbursing officer shall make a like return of all checks issued by him, and 222 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 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. Title 40. SEC. 3645. It shall be the duty of the Secretary of the Regulations for Treasury to issue and publish regulations to enforce the !iraft8. tment of speedy presentation of all Government drafts, for payment, Aug. 6, 1846, a. at the place where payable, and to prescribe the time, 31 see\ecs 5 '5495, according to the diiferent distances of the depositaries from officer8 i8bursin ^ De sea ^ ^ ^ overnmen t? within which all drafts upon them, respectively, shall be presented for payment; and, in default of such presentation, to direct any other mode and place of payment which he may deem proper; but, in all these regulations and directions, it shall be his duty to guard, as far as may be, against those drafts being used or thrown into circulation as a paper currency or a medium of exchange. io?t p or at 8toi f en ^ EC * 3646. Whenever any original check is lost, stolen, checks r autho" or destroyed, disbursing officers and agents of the United iZ Feb 2 1872 s States are authorized, after the expiration of six months, i, v, e i7, p. 29. ' 8 ' and within three years from the date of such check, to issue a duplicate check; and the Treasurer, assistant treasurers, and designated depositaries of the United , States are directed to pay such duplicate checks, upon notice and proof of the loss of the original checks, under such regulations in regard to their issue and payment, and upon the execution of such bonds, with sureties, to indem- nify the United States, as the Secretary of the Treasury shall prescribe. This section shall not apply to any check exceeding in amount the sum of one thousand dollars. ^ EC * 3647. I 11 case ^ ne disbursing officer or agent by whom such lost, destroyed, or stolen original check was ibid., s. 2. 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 shall prescribe, to state an account in favor of the owner of such original check for the amount thereof, and to charge such amount t the account of such officer or agent. Exchange of SEC. 3651. No exchange of funds shall be made by any f iiV^isSlTs. disbursing officer or agent of the Government, of any grade n'TwaVi'v 11 ! 1 ^ 01 ' Denomination whatsoever, or connected with any branch p.' 532;' Feb. 22! of the public service, other than an exchange for gold, 345 2> june V 3 1 i 2 864' 8 ^ ver ? United States notes, and national-bank notes; and 8.23, v.i3, p. IOG'; every such disbursing officer, when the means for his dis- ^i2;p;J?S 3 ' 8l3< bursenaents are furnished to him in gold, silver, United States notes, or national-bank notes, shall make his pay- ments in the moneys so furnished; or when they are fur- nished to him in drafts, shall cause those drafts to be presented at their place of payment, and properly paid according to law, and shall make his payments in the money so received for the drafts furnished, unless, in either case, he can exchange Jhe means in his hands for gold and silver at par. And it shall be the duty of the CHECKS AND DRAFTS AND VOUCHERS. 223 head of the proper Department 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. SBC. 3652. No officer of the United States shall, either Premiums on directly or indirectly, sell or dispose of to any person, for money^to SS b j a premium, any Treasury note, draft, warrant, or other C0 ^ te( y' j r g 46 s public security, not his private property, or sell or dispose 21, v'f.'p.'es. ' of the avails or proceeds of such note, draft, warrant, or See note l - security, in his hands for disbursement, without making return of such premium, and accounting therefor by charg- ing the same in his accounts to the credit of the United States; and any officer violating this section shall be forthwith dismissed from office. Note L Approved bills or accounts or vouchers are not in any proper sense in-Hot iable paper. The Government would not bo required to pay to party to whom they were assigned, if it had itself an equitable claim against the contractor; nor if .satisfied that the account had been erroneously approved. Section 3477, II. S., regulates tho manner of paying assigned bills, etc. That statute in of uni- versal application. Tho Department can reissue an approved account in favor of contractor. [Case of bills made out in favor of broker instead of contractors, and assigned by former.] (Op., XVI, 191, Devens, Oct. 23, 1878.) The protection which commercial usage throws around negotiable paper can not bo used to establish the authority of an agent who issued it. Whenever negotiable paper is found in market upon which tho Government is apparently a party, the pur- Hiaser must, at his peril, see that the officer who indorsed or accepted it had authority to bind the Government. (C. C., VII, 65; Wallace, VII, G66.) Acceptance of payment in one kind of money (Treasury notes) is a waiver of a claim, antecedently asserted for gold. It discharges the debt independently of the question whether paper money is a legal tender. (C. C., VI, 216.) There is no objection in peint of law, to tho indorsement of a bill of exchange, under authority derived from a power of attorney. (Op., 1, 188.) Where an officer is authorized to pay money at a distant point, he may transmit it by drafts. (7 Wallace, p. 466 ; C. C., VII, p. 65.) Checks given by paymasters are valid obligations of the Government, although dishonored for want of funds to tho credit of the officers who issued them. (Op., XI, 216, Speed, Apr. 22, 1865; see also, XI, p. 156.) It does "not follow that because an officer may lawfully issue bills of exchange for some purpose, ho can in that mode bind the Government in other cases where he has no such authority. (7 Wallace, 666.) Whenever the United States Government, through their authorized officer, accept a bill of exchange, they are bound for its payment to a bona fide holder for value, whatever may have been tho equities as between them and the drawer. (U. S. v. Bank Metropolis, XV, Peters, 377.) Whether checks shall be made payable only to the person entitled to the money, or "to bearer" or "to order," is a matter to bo regulated entirely by the Treasury Department. The only imperative requisition is that the check shall be drawn only in favor of the person to whom the payment is to be made. (Op., XV, 288, June 4, 1877, Devens.) It is competent for the Secretary of the Treasury to permit disbursing officers to draw checks payable to themselves or bearer or order for such amounts as mav be necessary to make payments of small amounts, to make payments at u distance from a depository, or to make payments of fixed salaries as now authorized by Depart- ment regulations of August 24, 1876, provided, always, that such checks bear indorsed upon them the names of tho persons to whom the amounts are to be paid, or the claim upon which they are to be paid, or are accompanied by alist or schedule, made a part of the check, containing the same information. (Op., XV, 303, June 8, 1877, Deveiis.) 224 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. COINS, WEIGHTS, AND MEASURES, LEGAL-TENDER, DIES. GOLD AND SILVER COINS OF THE UNITED STATES. Sec. 3511. Gold coins of the United States and their weight. 3513. Silver coins and their weight. 3514. Standard for gold and silver coins. 3515. Minor coins; their weight and alloy. 3517. Inscriptions upon coins. 3535. Deviations allowed in adjusting weights of gold coins. Sec. 3536. Adjusting weight of silver coins. 3537. Adjusting weight of minor coins. 3585. Gold coins, legal tender. Act of June 9, 1879. Exchange, of silver coins. Twenty-cent piece. Trade dollars, etc. Title 37. SEC. 3511. The gold coins of tlie United States shall be Gold coins of a one-dollar piece, which, at the standard weight of twenty- n.er wei e ig u t-tenths grains, shall be the unit of value; a "ireb. i2O8ra,B. quarter-eagle, or two and a half dollar piece ; a three-dollar 14, v. 17, p. 426. piece; a half-eagle, or five-dollar piece; an eagle, or ten- dollar piece; and a double-eagle, or twenty-dollar piece. And the standard weight of the gold dollar shall be twenty- five and eight-tenths grains; of the quarter-eagle, or two and a half dollar piece, sixty four and a half grains; of the three-dollar piece, seventy-seven and four- tenths grains; of the half-eagle, or five-dollar piece, one hundred and twenty-nine grains; of the eagle, or ten-dollar piece, two hundred and fifty-eight grains; of the double-eagle, or twenty-dollar piece, five hundred and sixteen grains. suvercoinsand SEC. 3513. The silver coins of the United States shall be ^iwdTs^ a trade-dollar, a half-dollar, or fifty-cent piece, a quarter dollar, or twenty-five cent piece, a dime, or ten-cent piece; and tlie weight of the trade-dollar shall be four hundred and twenty grains troy; the weight of the half-dollar shall be twelve grams and one-half of a gram; the quarter-dol- lar and the dime shall be, respectively, one-half and one- fifth of the weight of said half-dollar. standard for SEC. 3514. The standard for both gold and silver coins coins an( er of the United States shall be such that of one thousand is'vVVS' s P ar ts by weight nine hundred shall be of pure metal and seesAiGoji. one hundred of alloy. The alloy of the silver coins shall be of copper. The alloy of the gold coins shall be of cop- per, or of copper and silver; but the silver shall in no case exceed one-tenth of the whole alloy. Minor coiua; SEC. 3515. The minor coins of the United States shall aiioy. w< Jd be a five-cent piece, a three-cent piece, and a one-cent ibid., s. 16. piece. The alloy for the five and three cent pieces shall be of copper and nickel, to be composed of three-fourths cop- per and one-fourth nickel. The alloy of the one-cent piece shall be ninety-five per centum of copper and five per centum of tin and zinc, in such proportions as shall be determined by the Director of the Mint. The weight of the piece of five cents shall be seventy-seven and sixteen hnndredths grains troy; of the three-cent piece, thirty grains; and of the one-cent piece, forty eight grains. inscriptions SEC. 3517. Upon the coins there shall be the following devices and legends: Upon one side there shall be an impression emblematic of liberty, with an inscription of COINS, WEIGHTS, AND MEASURES. 225 the word " Liberty" and the year of the coinage, and upon the reverse shall be the figure or representation of an eagle, with the inscriptions " United States of America" and "E Pluribus Unum," and a designation of the value of the coin; but on the gold dollar and three-dollar piece, ibid., s. is. the dime, five, three, and one cent piece, the figure of the eagle shall be omitted; and on the reverse of the silver trade-dollar the weight and the fineness of the coin shall be inscribed. SEC. 3535. In adjusting the weights of the gold coins, the Deviations ai- following deviation shall not be exceeded in any WBffle jj^^jj^jj 08 ^ piece: In the double-eagle and the eagle, one-half of a g>X ( ' oiu8 - grain; in the half eagle, the three-dollar piece, the quarter- Jld -> 8 - 36 - eagle, and the one-dollar piece, one-fourth of a grain. And in weighing a number of pieces together, when delivered by the coiner to the superintendent, and by the superin- tendent to the depositor, the deviation from the standard weight shall not exceed one hundredth of an ounce in five thousand dollars in double-eagles, eagles, half- eagles, or quarter eagles, in one thousand three-dollar pieces, and in one thousand one-dollar pieces. SEC. 3536. In adjusting the weight of the silver coins the of silver coins, following deviations shall not be exceeded in any single Ibid -' 8 - 37 - piece : In the dollar, the half and quarter dollar, and in the dime, one and one-half grains. And in weighing a large number of pieces together, when delivered by the coiner to the superintendent, and by the superintendent to the depositor, the deviations from the standard weight shall not exceed two-hundredths of aii ounce in one thousand dollars, half-dollars, or quarter-dollars, and one-hundredth of an ounce in one thousand dimes. SEC. 3537. In adjusting the weight of the minor coins of minor coins, provided by this Title, there shall be no greater deviation allowed than three grains for the five-cent piece and two grains for the three and one cent pieces. SEC. 3585. The gold coins of the United States shall be Title 39. a legal tender in all payments at their nominal value when ~ Gokl coine ^ f not below the standard weight and limit of tolerance pro- theumted states. vided by law for the single piece, and, when reduced in ^d-- 8 - 14 - weight below such standard and tolerance, shall be a legal tender at valuation in proportion to their actual weight. The holder of any of the silver coins of the United States June 9, 1879. of smaller denomination than one dollar may, on presenta- Exchange of tion of the same in sums of twenty dollars, or any multiple 8il j l JJ c SJ il ig 79 8 thereof, at the office of the Treasurer or any assistant i,V. 21, p! 7. treasurer of the United States, receive therefor lawful See note L money of the United States. Note 1 (May 2, 1878). Coinage of the twenty-cent piece of silver authorized by the act of March 3, 1875, prohibited. By the act of July 22, 1876 (v. 19, p. 215), the trade dollar is not thereafter to be a legal tender. An act of February 28, 1878 (v. 20, p. 25), provides for the coinage at the mints of United States silver dollars of the weight of four hundred and twelve and a half grains troy of standard silver as provided iu the act of January 18, 1837, which, with the silver dollars of that weight and fineness theretofore coined by the United States, shall bo a legal tender at their nominal value for all debts ami dues, public and private, except where otherwise expressly stipulated in the contract. 376 15 226 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Idem, s. 3. The present silver coins of the United States of smaller denominations than one dollar sliall hereafter be a legal tender in all sums not exceeding ten dollars in full pay- ment of all dues, public and private. FOREIGKN COINS. Sec. 3564. Value of foreign coins, how ascer- tained. 3565. Value of the sovereign or pound sterling. 3566. lleooinage of foreign coins. Sec. 3567. Spanish and Mexican coins. 3584. Not a legal tender, etc. Table. Estimate of value of foreign coius. Title 87. SEC. 3564. The value of foreign coin as expressed in the ibid.s.2. of value of for- money of account of the United States shall be that of ascertained b w ^ ue P ure metal of such coin of standard value; and the Mar. 3, 1873, s. values of the standard coins in circulation of the various i, v. 17, p. 602. lia t;i O n S of the world shall be estimated annually by the Director of the Mint, and be proclaimed on the first day of January by the Secretary of the Treasury, of the SEC. 3565. In all payments by or to the Treasury, whether made here or in foreign countries, where it becomes neces- sary to compute the value of the sovereign or pound ster- ling, it shall be deemed equal to four dollars eighty-six cents and six and one-half mills, and the same rule shall be applied in appraising merchandise imported where the value is, by the invoice, in sovereigns or pounds sterling, and in the construction of contracts payable in sovereigns or pounds sterling; and this valuation shall be the par of exchange between Great Britain and the United States; and all contracts made after the first day of January, eighteen hundred and seventy-four, based on an assumed par of exchange with Great Britain of fifty-four pence to the dollar, or four dollars forty-four and four-ninths cents to the sovereign or pound sterling, shall be null and void. SEC. 3566. All foreign gold and silver coins received in A <,., i.^.a.s, payment for moneys due to the United States shall, before 21 isfi 82 ; v"ii* b e i n g issued in circulation, be coined anew. p. 163. ' Spanish and SEC. 3567. The pieces commonly known as the quarter, M Feb.Ti, c i857%. eighth, and sixteenth of the Spanish pillar- dollar, and of i, v. 11, p.'ies. ' the Mexican dollar, shall be receivable at the Treasury of the United States, and its several offices, and at the several post-offices, and land-offices, at the rates of valuation follow- ing : the fourth of a dollar, or piece of two reals, at twenty cents ; the eighth of a dollar, or piece of one real, at ten cents ; and the sixteenth of a dollar, or half-real, at five cents. Title 89. SEC. 3584. No foreign gold or silver coins shall be legal Foreign coins, tender in payment of debts. Feb. 21, 1857, s. 3, v. 11, p. 163. CIRCULAR ESTIMATING AND PROCLAIMING, IN THE UNITED STATES MONEY OF ACCOUNT, THE VALUES OF THE STANDARD COINS IN CIR- CULATION OF THE VARIOUS NATIONS OF THE WORLD. 1883. } TREASURY DEPARTMENT, DEPARTMENT No. 1. > BUREAU OF THE MINT, Secretary's Office. ) Washington, I). C., January 1, 1883. SIR : In pursuance of the provisions of section 3564 of the Revised Statutes of the United States, I have estimated COINS, WEIGHTS, AND MEASURES. 227 the values of the standard coins in circulation of the various nations of the world, and submit the same in the accom- panying table. Very respectfully, HORATIO C. BURCHABD, Director of the Mint. Hon. OKAS. J. FOLGEB, Secretary of the Treasury. Estimate of values of foreign, coins. Country. Monetary unit. Standard. Value in United States money. Standard coin. Peso Gold and $0 96 5 j JL i t and 1 peso i Austria Belgium Florin Franc silver. Silver .... Gold and 40.1 19.3 argentine and argentine. 5, 10, and 20 francs. Bolivia Boliviano silver. Silver 81 2 Boliviano. Brazil Milreis of 1 000 Gold 54 6 rois. Dollar do 1 00 - i n North America. Chili Cuba Peso . do Gold and silver, do 91.2 93 2 Condor, doubloon, and escudo. T 1 k i i and 1 doubloon Denmark Crown Cold 26.8 10 and 20 crowns. Ecuador E"'YT>t Peso Piaster Silver .... Gold 81.2 04.9 Peso. 5, 10, 25 50, and 100 pias- France Franc Gold and 19.3 ters. 5, 10, and 20 francs. Great Britain Pound sterling silver. Gold 4 86 Gi ^ sovereign and sover- Greece Drachma Gold and 19 3 eign. 5 10 20 50 and 100 German Empire . . . Hayti India Mark Gourde Rupee of 16 an- silver. Gold Gold and silver. Silver 23.8 96.5 38 6 drachmas. 5, 10, and 20 marks. 1, 2, 5, and 10 gourdes. Italy nas. Lira Gold and 19 3 5 10 20 50 and 100 lire Japan Yen silver. Silver 87 6 1 2 5 10 and 20 yen gold Liberia Dollar .. Gold 1 00 and silver yen. Mexico do Silver 88 2 Florin Gold and 40 2 and 50 centavo. Norway Crown silver. Gold 26 8 10 and 20 crowns Peru Sol Silver 81 2 Sol Portugal... .- Milreis of 1,000 Gold 1 08 2 5 and 10 milreis reis. Rouble of 100 Silver . 65 Spain copecks. Peseta of 100 cen- Gold and 19 3 5 10 20 50 and 100 pese- Sweden times. Crown . . . silver. Gold 26 8 tas. 10 and 20 crowns Switzerland Franc Gold and 19.3 5 10 and 20 francs Tripoli Mahbub of 20 silver. Silver 73.3 Turkey piasters. Piaster Gold 04 4 25 50 100 250 and 500 United States of Peso Silver 81 2 piasters. Peso Colombia. Venezuela ..... Bolivar Gold and 19 3 5 10 20 50 and 100 Boli- silver. var. 228 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. TREASURY DEPARTMENT, Washington, D. (7., January 1, 1883. The foregoing estimation, made by the Director of the Mint, of the value of the foreign coins above mentioned, I hereby proclaim to be the values of such coins expressed in the money of account of the United States, and to be taken in estimating the values of all foreign merchandise, made out in any of said currencies, imported on or after January 1, 1883. CHAS. J. FOLGER, Secretary of the Treasury. WEIGHTS AND MEASURES. Sec, 3569. Use of the metric system author- ized. Sec. 3570. Authorized tables of weights and measures. 3551. Dies may be executed, etc. Title 37. SEC. 3569. It shall be lawful throughout the United Use of metric States of America to employ the weights and measures of ized* m author "the metric system; and no contract or dealing, or pleading July 28, 1866, s. in any court, shall be deemed invalid or liable to objection i,Y.H,p.339. because the weights or measures expressed or referred to therein are weights or measures of the metric system. SEC. 3570. The tables in the schedule hereto annexed shall be recognized in the construction of contracts, and in a u i e g a i proceedings, as establishing, in terms of the weights and measures now in use in the United States, the equivalents of the weights and measures expressed therein in terms of the metric system; and the tables may lawfully be used for computing, determining, and expressing in customary weights and measures the weights and measures of the metric system. Measures of length. and measres. ibid., s. 2. Metric denominations and values. Equivalents in denominations in use. Myriameter 10, 000 meters. 6. 2137 miles. 0. 62137 miles, or 3,280 feet and 10 inches. 328 feet and 1 inch. 393. 7 inches. 39. 37 inches. 3. 937 inches. 0. 3937 inches. 0. 0394 inches. 1 000 meters Hectometer 100 meters. Dekameter . . . . 10 meters. Meter 1 meter. Decimeter .... 1*0 of a meter. r J 5 of a meter. Millimeter - - - ToW OI> a meter. Measures of capacity. Metric denominations and values. Equivalents in denominations in use. Names. No. of liters. Cubic measure. Dry measure. Liquor or wine measure. Kiloliter, or etere. Hectoliter... Dekaliter... I it-r 1,000 100 10 1 iV TSa i8\nr 1. 808 cub. yards 2 bushels and 3.35 pecks. 9.08 quarts 0. 908 quarts 6.1022 cub. inch 0.6102 cub. inch 061 cub inch 264. 17 galls. 26. 417 galls. 2. 6417 frills. 1.05B7q't8. 0. 845 gills. 0.338 u id ounces. 0. 27 It u i d drams. Jg of a cubic meter. . . 10 cub. decimeters . . . 1 cub. decimeter fg of a cubic decime- ter. 10 cub. centimeters.. 1 cub. centimeter. . . D.ciliu-r Centiliter. . . . Milliliter .... NAVY DEPARTMENT SECRETARY AND BUREAUS. Measures of surface. 229 Metric denominations and values. Equivalents in denominations in use. Hectare 2. 471 acres. 119. 6 square yards. 1,550 square inches. Are 100 square motors Ceii tare . . . 1 square meter. Weights. Metric denominations and values. Equivalents in de- nominations in use. Names. Number of gram.s. Weight of what quantity of water at maximum density. Avoirdupois weight. Millier or tonneau . 1, 000, 000 1 cubic meter 2 204. 6 pounds Quintal 100, 000 1 hectoliter . 220 46 pounds M yria'Tam 10 000 10 liters Kilogram or kilo 1 000 1 liter 2 2046 pounds Hectogram 100 1 deciliter . . 3 5274 ounces 10 SO 9 ? ounces Gram 1 1 cubic centimeter 15 432 grains Deei < r ram JL T J jy of a cubic centimeter 1. 5432 grains j! 1543 grains Milligram iSn 1 cubic millimeter 0154 grains SEC. 3551. Dies of a national character may be executed Tltle 8 ? by the engraver, and national and other medals struck by National and the coiner of the Mint at Philadelphia, under such reg- SXgSkSSg nlations as the superintendent, with the approval of the at Philadelphia. director of the Mint, may prescribe. Such work shall not, 52?^' if,' p 87 ^; however, interfere with the regular coinage operations, Junel6 - 1874 ' ch ' and no private medal dies shall be prepared at any mint, 288 ' v ' 18 ' p ' 76 ' or the machinery or apparatus thereof be used for that purpose. NAVY DEPARTMENT. SECRETARY AND BUREAUS. See. Sec. 415. Establishment of the Department of 426. Navy. Act July 11, 1890, Assistant Sec- 429. retary of the Navy. 417. Procurement of naval stores and 1375. equipment of vessels. 1436. 418. Custody of the books and records. 419. Establishment of Bureaus. 1471. 420. Custody of books and records of I 1472. I'.ureaus. 421. Appointment of chiefs of Bureaus. I 1473. 422. Chiefs of Bureaus of Yards and i . 1 )oeks. Equipment and Recruiting, j Navigation, and Ordnance. i 1565. 423. Chief of Bureau of Construction and 416. Jtepair. 121. Chief of Bureau of Steam Engineer- ing. 425. Chief of Bureau of Supplies and Accounts. Chief of Bureau of Medicine and Surgery. Reports to be made to Congress by the Secretary. Assistant to Bureau. Chiefs of Bureaus, staff officers, ex- empt from sea duty. Title of chiefs of Bureaus. Relative rank of chief of Bureau of lower title than commodore. Retired chiefs of Bureaus. Surgeon-General to act on board of appeal. Pay of chiefs of Bureaus. Clerks and other civil employes. Chief Clerk appointment clerk. Navy Department building. SEC. 415. There shall be at the seat of Government an Title 10. Executive Department, to be known as the Department of ^Establishment the Navy, and a Secretary of the Navy, who shall be the of the Depart mentof the Navy. 2oA.G.o P .,p.8. Apr. 30, 1798, s. 1, v. 1, p. 553. 230 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. July 11, 1890. F or an assistant Secretary of the Navy, to be appointed, Supp. R. s., p. from civil life, by the President, by and with the advice ^Assistant Sec- an d consent of the Senate, who shall receive a compensa- retary of thetion, at the rate of four thousand five hundred dollars per feTttrie i. annum. R. S., sec. 416. Mar. 3, 1891, ch. 541, par. 8. Mar. 3, 1891. Assistant Secretary of the Navy, who shall hereafter 92 s pp- R. s., p. perform such duties as may be prescribed by the Secretary Assistant Sec- of the Navy or required by law. retary of Navy. July 11, 1890, ch. 667, par. 5. June s, 1880. That the President of the United States be, and he is 21 stat. L., 1647 hereby, authorized to appoint, for the term of four years, 290-29? ' R S " pp ' by an d with the advice and consent of the Senate, from judge-Advo-the officers of the Navy or the Marine Corps, a judge- N a aly^o a be al ap f advocate-general f the Navy, with the rank, pay, and ponied- allowances of a captain in the Navy or a colonel in the ' Marine Corps, as the case may be. office of to be ^nd the office of the said judge-advocate-general shall in Department;. . , -..-.. -~ j. * i -i his duties, etc. be in the Navy Department, where he shall, under the JuSe *i9,' 1878 direction of the Secretary of the Navy, receive, revise, ch. 329, par. s. 'and have recorded the proceedings of all courts-martial, courts of inquiry, and boards for the examination of officers for retirement and promotion in the naval service, and perform such other duties as have heretofore been performed by the solicitor and naval judge-advocate-gen- eral. Junes, 1895. That the Act "to authorize the President to appoint an 29 stat. L., 251. officer of the Navy or the Marine Corps to perform the 2, p U 5 p do. E ' S " v ' duties of solicitor and judge-advocate-general, and so forth, Navy'. and to fix the rank and pay of such officer," approved June cate^ne^rs^^tuj eighteen hundred and eighty, is hereby amended pa fune 8 1880 ^ v inserting in said Act in lieu of the words "with the ch'. ""9 (i supp. rank, pay, and allowances of a captain in the Navy, or a R 'R "s 29 ? } 349 colonel in the Marine Corps, as the case may be," the words " with the rank and highest pay of a captain [in] the Navy, or the rank, pay, and allowances of a colonel in the Marine Corps, as the case may be:" -to date from Provided, That this amendment shall take effect from Became a law July nineteenth, eighteen hundred and ninety-two, the date without the on which the present incumbent entered on duty, and that President a an- ., . * * 11 i -i_V / j^ rrovai, June 5, the amount herein appropriated shall be payable from the appropriation "Pay of the Navy." Mar. 28, 1896. That hereafter the commissions of all officers under the 29 stat. L., 75. direction and control of the Secretary of the Treasury, 2,p U 5: R> S " v ' the Secretary of War, the Secretary of the Navy, and t lie Note l.R. S., 171)4, required all civil commissions for Presidential appoint im -iitn to be made out and recorded in the Department of St;it<>. The act in the text, together with those of 1874, March 18, ch. 57 (1 Supp. R. S., 5), relating to the Post-Office Department; 1875, March 3, ch. 131, 14 (1 Supp. K. >V 7S), relating to the Department of the Interior; and 1888, Aug. 8, ch. 786 (1 Supp. K. S., 605), relating to the Department of Justice, now require all commissions to bo made out and recorded in the Department under which the officer is to serve. NAVY DEPARTMENT - SECRETARY AND BUREAUS. 231 Secretary of Agriculture shall be made out and recorded c mm .J. 8Bio " 8 ... -ix i i i ' j.1 . or all omcers to m the respective Departments under which they are to be made out, etc., serve, and the Department seal affixed thereto, any laws to the contrary notwithstanding: ments. Prowled, That the said seal shall not be affixed to such commission before the same shall have been signed dent signs. by the President of the United States. SEO. 417. The Secretary of the Navy shall execute such Procurement it ' f t -r\ j j. i j.* .Ol naval stores orders as he shall receive from the President relative to and equipment the procurement of naval stores and materials, and the of lb e id sel8 ' construction, armament, equipment, and employment of see title, Con- vessels of war, as well as all other matters connected with the naval establishment. 3 ? 69 , Appropria- tions. SEC. 418. The Secretary of the Navy shall have the Custody of the custody and charge of all the books, records, and other JJ B . 8 ' property now remaining in and appertaining to the 55 J bid -' 8 - 3 > P- Department of the Navy, or hereafter acquired by it. SEC. 419. The business of the Department of the Navy ^JjJJJfJ ment shall be distributed in such manner as the Secretary of the Aiig?3i?i842, s. Navy shall judge to be expedient and proper among the^- 5 'P- 57 n 11 ~ ' *** loO*j, S3 following 1 Uireaus : 12, p. 510. First. A Bureau of Yards and Docks. Second. A Bureau of Equipment and Recruiting. Third. A Bureau of Navigation. Fourth. A Bureau of Ordnance. Fifth. A Bureau of Construction and Repair. Sixth. A Bureau of Steam Engineering. Seventh. A Bureau of Provisions and Clothing. see note i. Eighth. A Bureau of Medicine and Surgery. SEC. 420. The several Bureaus shall retain the osan and custody of the books of records and accounts pertain- ords of Bureaus. ing to their respective duties 5 and all of the duties of Bureaus shall be performed under the authority of the Sec- 5', 1862,8. *,V. retary of the Navy, and their orders shall be considered as p ' 511 ' emanating from him, and shall have full force and effect as such. SEC. 421. The chiefs of the several Bureaus in the Appointment Department of the Navy shall be appointed by the Presi- ? e f au t ief8 dent, by and with the atfvice and consent of the Senate, ^ y ^ 1862 ^ 8S - from the classes of officers mentioned in the next five sec- Mar. V 3, IOTM? io ; , tions respectively, or from officers having the relative rank v '' 7 g of captain in the staff corps of the Navy, on the active list, 648. and shall hold their offices for the term of four years. SEC. 4>. The chiefs of the Bureau of Yards and Docks, July 5, 1862, s. of the Bureau of Equipment * * *, of the Bureau of ^ v - r2 >P- 510 - Navigation, and .of the Bureau of Ordnance, shall be appointed from the list of officers of the Navy, not below the grade of commander. Note 7. Title rlmii^fd to Bureau of Supplies and Accounts (see act July 19, 1892, Supp. vol. 2, p. 206). The title of the Bureau of Equipment and Recruiting has been changed to "Bureau of Equipment." 232 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Mar. 8, 1898. That an officer of the Navy not below the rank of com- Supp.R.s.i892- mander may be detailed as assistant to the Chief of the 95 Bu^eau of Navi- Bureau f Navigation in the Navy Department, and such gation, assist- officer shall receive the highest pay of his grade, be detail " and, in case of the death, resignation, absence, or sick- 42?' S '' 86C8 ' 419 ~ ness * tae ^hi e f f the Bureau, shall, unless otherwise -to act as chief directed by the President, as provided by section one huu- oancy se f va "dred and seventy-nine of the Revised Statutes, perform ca S?k, sec. 179. the duties of such Chief until his successor is appointed or seenotoi. SVLC }i absence or sickness shall cease. se^Titie " Na- SEC. 423. The chief of the Bureau of Construction and vai construct- Repair shall be appointed from the list of officers of the Navy, not below the grade of commander, and shall be a skillful naval constructor. iw 426 ' Tlie cn , ief of tlie Bureau of Medicine and Sur- 176. p ' ll> ' gery shall be appointed from the list of the surgeons of the See sec. 1375, "NTtivv Wales vs. Whit- ^ ** v J ' ney, 114 U.S., 564. supp. R. s., SEC. 15. That the Commissioner of Internal Revenue is v Te 2 8t 1 s'?f delete- authorized to have applied scientific tests, and to decide rious to health, whether any substances used in the manufacture of tilled cheese contain ingredients deleterious to health. Appeals. But in case of doubt or contest his decision in this class of cases may be appealed from to a board hereby consti- tuted for the purpose, and composed of the Surgeon- General of the Army, the Surgeon-General of the Navy, and the Secretary of Agriculture, and the decision of this board shall be final in the premises. SEC ' 429 ' The Secretary of the Navy shall make annual reports to Congress upon the folio wing subjects: . First;- A statement of the appropriation's of the preced- i, i82o, s. ing fiscal year for the Department of the Navy, showing Mar.'af'isSs, v^' the amount appropriated under each specific head of appro- P. ei?'; July 27! priation, the amount expended under each head, and the 365. ' p> balance which, on tlie thirtieth day of June preceding such Note 1. This section (R. S., sec. 179) authorizes ilio Trcsidmf 1. direct tin- duties of an officer to be performed by another officer in case of vacancy or absence. NAVY DEPARTMENT SECRETARY AtfD BUREAUS. 233 report, remained unexpended. Such report shall be accom- n s J _ ? oc - 178 : it j n j. i TT-i i T t t (J on tinge nt panied by estimates ot the probable demands which may Fund, remain on each appropriation. Second. A statement of all offers for contracts for sup- plies and services made during the preceding year, by classes, indicating such as have been accepted. Third. A statement showing the amounts expended during the preceding fiscal year for wages of mechanics and labor- ers employed in building, repairing, or equipping vessels of the Navy, or in receiving and securing stores and mate- rials for those purposes, and for the purchase of material and stores for the same purpose; and showing the cost or estimated value of the stores on hand, under this appro- priation, in the navy-yards, at the commencement of the next preceding fiscal year; and the cost or estimated value of articles received and expended during the year; and the cost or estimated value of the articles belonging to this appropriation which may be on hand in the navy-yards at the close of the next preceding fiscal year. Fourth. A statement of all acts done by him in making sale of any vessel or materials of the Navy; specifying all vessels and materials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. That from and after the passage of this act, it shall be June 19, 1878. the duty of the Secretary of the Treasury to transmit to'2ostat.L.,i67] Congress, annually, a tabular statement snowing in detail 19 f^$; E>s -' pp ' the receipts and expenditures in the Naval service under Tabular state- each appropriation, as made up and determined by the J^J* f/poulu 8 proper officers of the Treasury Department, upon ^het^s^of ^nav^a accounts of disbursing-officers rendered for settlement. Kre e congreLs annually. R. S., sec. 429. SEC. 2. There shall be appended to this statement an m ^^ r account of balances in the hands of disbursing agents atof 6 " the close of each fiscal year, and a report of any amounts JJ^J"*, lost or unaccounted for by voucher. SEC. 3. That the Secretary of the Navy is hereby directed Jan. so, isss. to report to Congress, at its next and each regular session Supp.n.s.i874- thereafter, the amount expended during the prior fiscal 91 s?cretary of year, from the appropriations for the pay of the Navy, JJjJJTj * f C e e r taTn Bureaus of Navigation, Ordnance, Equipment and Eecruit- expenditure* at ing, Yards and Docks, Medicine and Surgery, Provision sg^j 1 ^^ 81011 ot and Clothing, Construction and Repair, and Steam- Titieof Bureau Engineering, for civilians employed on clerical duty, 'or iB^SSgcSJJ^d any other capacity than as ordinary mechanics and work- to supplies ;m Provisions and Clothing, of Steam. Engineer- clothing ohang- ing, or of Construction and Eepair, by reason of age or a^d AccouSfs. 168 length of service, shall liave the relative rank of commo- dore. Titie is, chap. 8. SEC. 1565. The pay of chiefs of Bureaus in the Navy Pay of chiefs Department shall be the highest pay of the grade to which of ibhT au8 ' tlie y belong, but not below that of commodore. Title 10. SEC. 416. There shall be in the Department of the Navy : clerical force. One chief clerk, at a salary of two thousand five hun- i2 Jul 5io'- juflj dred dollars a year, so long as there is no assistant secre- t's. 4,V. "3%.' tary of the Navy, and at a salary of two thousand two s ? 8 ; v'l^-p 1 !^ 6 - hundred dollars a year when there is an assistant secretary Mar. 3, 1871, s.3,' of the Navy. v. 16, p. 492; Mar. 3, 1873, s. I,v.l7, p. 501. supp. R. s.,voi. That the title "appointment clerk," office of the Secre- 2 '&w' Depart- tary, Navy Department, provided for in the legislative, executive, and judicial appropriation act for the fiscal year eighteen hundred and ninety-seven, is hereby amended to referred c to 'isoe 6 rea( ^ : " Clerk in charge of civil employments and labor May 28, ch. 252 regulations at navy-yards, who shall also perform the duties of appointment clerk of the Navy Department, two thou- d two hundred and fifty dollars." * * clerk, $1,800." state, war, and The President is hereby authorized and directed to des- ignate from the Engineer Corps of the Army or the Navy, an officer well qualified for the purpose, who shall be de- tailed to act as superintendent of the completed portions of the State, War, and Navy Department building, under di- rection of the Secretaries of State, War, and Navy, who are commission for hereby constituted a commission for the purposes of the care v*i8?on an o d f SSJi- aml supervision of said building, as hereinafter specified. ng- Said officer shall have charge of said building, and all the Note 1. The legislative act of August 5, 1882, authorized the appointment of an Assistant Secretary from civil life. No appointment was made, and the provision was repealed March 3, 1883. (See act July 11, 1890, chap. 667, p. 254, authorizing appointment of an Assistant Secretary of the Navy.) Note 2. Office of Naval Solicitor abolished. See act of June 19, 1878, chap. 329, 20 Stat. L., p. 205, which repeals part of sec. 349 R. S. PUBLIC DOCUMENTS PRINTING AND BINDING. 235 engines, machinery, steam and water supply, heating, light- ^Jeuoto^mufr ing, and ventilating apparatus, elevators, and all other sec. 8614. Title, fixtures in said building, and all necessary repairs and alter- agS^of GOV! atioiis thereof, as well as the direction and control of such eminent. force of engineers, watchmen, laborers, and others engaged about the building or the apparatus under his supervision ; of tue cleaning of the corridors and water closets; of the approaches, side- walks, lawns, court-yards, and areas of the building, and of all rooms in the sub-basement which con- tain the boilers and other machinery, or so much of said rooms as may be indispensable to the proper performance of his duties as herein provided. Office of the superintendent : One clerk class one ; one ^ mpioyees in chief engineer, at one thousand two hundred dollars; sixent^offic"? 61 assistant engineers, atone thousand dollars each; one cap- tain of the watch, one thousand two hundred dollars; two lieutenants of the watch, at eight hundred and forty dollars each ; forty-five watchmen ; one machinist, at nine hundred dollars; one skilled laborer, at seven hundred and twenty dollars ; seventeen firemen ; four conductors of the elevator, at seven hundred and twenty dollars each ; two assistant conductors of the elevator, at five hundred dollars each; sixteen laborers; one laborer, at six hundred dollars; and fifty-four charwomen, at one hundred and eighty dollars each; in all, eighty- two thousand three hundred dollars. SEC. 3. That the pay of assistant messengers, firemen, Pay of assist- watchmen, and laborers provided for in this act, unless otherwise specially stated, shall be as follows: For assist- ant messengers, firemen, and watchmen, seven hundred and twenty dollars per annum each ; for laborers, six hundred and sixty dollars per annum each. PUBLIC DOCUMENTS PUBLIC PRINTING AND BINDING. Sec. 31. Department offices to be under Public Printer. . Requisitions. 51. Form and style of work. 52. Sale of stereotypes. 53. Duplication. 54. rsital number of documents. 58. Department, etc., publications. 67. Disposal of doemnen to accumulating. 73. Nautical Almanac .and Ephemoris. . Observations, Naval Observatory. . Coast and Geodetic Survey. . Session laws. . Statutes at Large. . President's Message. . Army and Navy Registers. . Congressional Directory. . Congressional Record. . Official Register. . Monthly volume of patents issued. 74. Publications to officials. 75. Documents to foreign legations. 70. Coast Survey charts. 77. Hydrographic Office charts. 78. Foreign hydrographic charts. 80. Illustrations in reports, etc. Sec. 81. Binding. . Classification of documents. 82. Bills and resolutions. 83. Committee reports. 84. Binding registered bonds, etc. 85. Franking documents. 86. Work must be authorized. 87. Printing and binding to be done at Printing Office. 88. Printing for the President. 89. Appropriations not to be exceeded. 90. Departments to order documents re- quired. 91. Form of reports of executive officers. 92. Departmental distribution. 93. Work for Departments. . Estimate of cost. 94. Restriction of printing. 95. Exchange of documents. 96. Postmaster -General to contract for all envelopes. 97. Judicial blanks, etc. 98. Documents to Department, etc., libra- ries. . Act Dec. 21, 1879. Impressions from vignettes, etc. SEC. 31. All printing offices in the Departments now in Departmentof- operation, or hereafter put in operation, bylaw, shall be iSte Printer! 1 " considered a part of the Government Printing Office, and 236 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Proviso. Exceptions. Requisitions. shall be under the control of the Public Printer, who shall furnish all presses, types, imposing stones, and necessary machinery and material for said offices from the general supplies of the Government Printing Office; and all paper and material of every kind used in the said offices for departmenal work, except letter and note paper and envelopes, shall be supplied by the Public Printer; and all persons employed in said printing offices and bind- eries shall be appointed by the Public Printer, and be car- ried on his pay roll the same as employees in the main office, and shall be responsible to him: Provided, That the terms of this Act shall not apply to the office in the Weather Bureau, or, to so much of the printing as is necessary to expedite the work of the Record and Pension Division of the War Department nor to the printing office now in operation in the Census Office; but the Public Printer, with the approval of the Joint Committee on Printing, may abolish any of these excepted offices whenever in their judgment the economy of the public service would be thereby advanced. All work done in the said offices shall be ordered on blanks prepared for that purpose by the Public Printer, which shall be numbered consecutively, and must be signed by some one designated by the head of the Depart- ment for which the work is to be done, who shall be held responsible for all work thus ordered, and who shall quar- terly report to the head of the Department a classified statement of the work done and the cost thereof, which Cost of branch report shall be transmitted to the Public Printer in time f or hj s aimu al report to Congress. The Public Printer shall show in detail, in his annual report, the cost of oper- ating each departmental office. SEC. 51. The forms and style in which the printing or R.S , sec. 3790, binding ordered by any of the Departments shall be exe- P. 745, amended. cu ted, an d. the material and the size of type to be used, shall be determined by the Public Printer, having proper regard to economy, workmanship, and the purposes for which the work is needed. SEC. 52. The Public Printer shall sell, under such regu- lations as the Joint Committee on Printing may prescribe, to any person or persons who may apply additional or duplicate stereotype or electrotype plates from which any Government publication is printed, at a price not to exceed the cost of composition, the metal and making to the Gov- ernment and ten per centum added : Provided, That the full amount of the price shall be paid when the order is filed : ^-^d provided further, That no publication reprinted from such stereotype or electrotype plates and no other Govern- ment publication shall be copyrighted. ^ EC * 53 ' Tlie l >u blic Printer shall examine closely the orders of the Senate and House for printing, and in case of duplication he shall print under the first order received. C * ^* Whenever any document or report shall be 3792, ordered printed by Congress, such order to print shall sig- P . 745, amended. n [fy fo e "usual nnmben" of copies for binding and distri- Sale of stereo types, etc. Provisos. Price. Co. forbidden p. 745. Of In ' ber PUBLIC DOCUMENTS PRINTING AND BINDING. 237 bution union*;' those entitled to receive them. No greater number shall be printed unless ordered by either House, or as hereinafter provided. When a special number of a doc- ument or report is ordered printed, the usual number shall also be printed, unless already ordered. The usual num- ber of documents and reports shall be one thousand six hundred and eighty-two copies. Si;r. ,~>8. Whenever printing not bearing a Congressional Department, number shall be done for any department or officer of the Jjjj; a P ublica - Government, except confidential matter, blank forms, and circular letters not of a public character, or shall be done for use of Congressional-committees, not of a confidential character, two copies shall be sent, unless withheld by order of the committee, by the Public Printer to the Sen- ate and House Libraries, respectively, and one copy each to the document rooms of the Senate and House, for ref- erence j and these copies shall not be removed; and of all Distribution. publications of the Executive Departments not intended for their especial use, but made for distribution, five hun- dred copies shall be at once delivered to the superintend- ent of documents for distribution to designated deposito- ries and State and Territorial libraries. SEC. 67. All documents at present remaining in charge Disposal ot of the several Executive Departments, bureaus, and offices j 11 * 8 accu " of the Government not required for official use shall be delivered to the superintendent of documents, and hereafter all public documents accumulating in said Departments, bureaus, and offices not needed for official use shall be annually turned over to the superintendent of documents for distribution or sale. SEC. 73. Of the Ephemeris and Nautical Almanac and of Nautical the papers supplementary thereto, one thousand five huu- JJ and E P hem - dred copies ; one hundred copies for t he Senate, four hundred for the House, and one thousand for distribution or sale by the Navy Department. The five hundred copies printed for Congress and the us"ual number shall be for the calendar year next following, and those for the Navy Department for the third year following. The Secretary of the Navy is also authorized to cause additional copies of the Ephemeris, and of the Nautical Almanacs extracted therefrom, to be printed for the public service and for sale to navigators and others: Provided, That all moneys received from sales of Provito. the Ephemeris and of the Nautical Almanacs shall be depos- Sale8 ' ited in the Treasury and placed to the credit of the general fund for public printing. Of the Observations of the Naval Observatory, one thou- observations, sand eight hundred copies ; three hundred for the Senate,^ 1 Ob8erva '' seven hundred for the House, and eight hundred for dis- tribution by the Naval Observatory, and of the astronom- ical appendixes to the above observations, one thousand two hundred separate copies, and of the meteorological and magnetic observations one thousand separate copies for distribution by the Naval Observatory. Of the Report of the Superintendent of the Coast and Coast and Geo- Geodetic Survey, one thousand five hundred copies of part 238 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. one; two hundred copies for the Senate, six hundred copies for the House, and seven hundred copies for distribution by the Superintendent of the Coast and Geodetic Survey, and two thousand eight hundred copies of part two ; two hundred for the Senate, six hundred for the House, and two thousand for distribution by the Superintendent of the Coast and Geodetic Survey. session laws. The Secretary of State shall cause to be edited, printed, see p sSi. published, and distributed pamphlet copies of the statutes sale ami distri- of the present and each future session of Congress to the 8tatute8 0f by T Su- officers and persons hereinafter provided for ; said distribu- per in tend eut tion shall be made at the close of every session of Congress. lament". aS.folloW S : To the President and Yice-President of the United States, two copies each ; to each Senator, Representative and Dele- gate in Congress, one copy; to the Librarian of the Senate, for the use of Senators, one hundred copies ; to the Librarian of the House, two hundred copies, for the use of Representa- tives and Delegates; to the Library of Congress, fourteen copies; to the Department of State, including those for the use of legations and consulates, six hundred copies; to the Treasury Department, three hundred copies; to the War Department, two hundred copies ; to the Navy Department, one hundred copies; to the Department of the Interior, including those for the use of the surveyors-general and registers and receivers of public land offices, two hundred and fifty copies ; to the Post-Office Department, fifty copies ; to the Interstate Commerce Commission, ten copies; to the Department of Labor, five copies; to the Civil Service Com- mission, three copies ; to the Department of Justice, includ- ing those for the use of the Chief Justice and associate justices of the Supreme Court and the judges and officers of the United States and Territorial courts, five hundred copies ; to the Department of Agriculture, fifty copies ; to the Smithsonian Institution, five copies ; to the Government Printing Office, two copies ; to the governors and secretaries of Territories, one copy each. statutes at After the close of each Congress the Secretary of State L voi e 'is p 114 SDa U have edited, printed, and bound a sufficient number of the volumes containing the Statutes at Large enacted by that Congress to enable him to distribute copies, or as many thereof as maybe needed, as follows: To the President of the United States, four copies, one of which shall be for the library of the Executive Mansion ; to the Vice-President of the United States, one copy; to each Senator, Representative, and Delegate in Congress, one copy ; to the Librarian of the Senate, for the use of Sen- ators, one hundred copies; to the Librarian of the House, for the use of Representatives and Delegates, two hundred copies ; to the Library of Congress, fourteen copies; includ- ing four copies for the Law Library ; to the Department of State, including those for the use of the legations and con- sulates, three hundred and eighty copies; to the Treasury Department, including those for the use of officers of customs, three hundred copies ; to the War Department, seventy-five copies; to the Navy Department, seventy-five copies. PUBLIC DOCUMENTS PRINTING AND BINDING. 239 The pamphlet copies of the statutes and the bound copies (le ^ co as evi - 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 Contents, said pamphlet and the Statutes at Large shall contain all laws, joint and concurrent resolutions passed by Congress, and also all conventions, treaties, proclamations, and agreements. Of the President's Message and accompanying documents Message an d and of the annual reports of the Departments to Congress do there shall be printed one thousand copies for the Senate and two thousand for the House: Provided. That of the fr.j so of cer reports of the Chief of Engineers of the Army, the Commis- tain ToporVs- 06 ' sioner of Patents, the Commissioner of Internal Revenue, the report of the Chief Signal Officer of the War Depart- ment, and of the Chief of Ordnance, the usual number only shall be printed. Of the Registers of the Army and Navy, fifteen hundred copies of each; five hundred for the Senate and one thou- sand for the House. Of the Tests of Iron and Steel, five hundred copies for iron and steel, distribution by the War Department. There shall be prepared under the direction of the Joint Di r e c "f, r 8sional Committee on Printing a Congressional Directory, of which iTs "sec. asoi, there shall be three editions during eacli long session and p - 746j amentled - two editions during each short session of Congress. The first edition shall be distributed to Senators, Representa- tives, Delegates, the principal officers of Congress, and heads of Departments on the first day of the session, and shall be ready for distribution to others within one week thereafter. The number and distribution of such Directory shall be under the control of the Joint Committee on Print- ing. Official correspondence concerning the Directory may be had in penalty envelopes under the direction of the Joint Committee. The Public Printer shall furnish the Congressional Ke ^ r D (f 688ional Eecord as follows and shall furnish gratuitously no others soie gratuitous in addition thereto : distribution. *#*#### To the library of each of the eight Executive Depart- ments, and to the Naval Observatory, Smithsonian Institu- tion and the United States National Museum, one bound copy. *." j *-'.* ; '".# To enable the officer charged with the duty of preparing official Regis- the Official Register of the United States to publish the te j; reparation same, the Secretary of the Senate, the Clerk of the House R. s., sec. 510, of Representatives, the head of each Executive Department IK84 ' amende(L of the Government, and the chief of each and every bureau, office, commission, or institution not embraced in an Execu- tive 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, 240 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. and other employees of said Department, bureau, office, commission, or institution connected with the legislative, 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 Departments having super- vision of such ships and vessels, for incorporation in the Official Register. Editing, etc. The Secretary of the Interior shall cause the Official Register to be edited, indexed, and published by the chief clerk of the Interior Department, on the first day of December following the first day of July above mentioned. Distribution. Of the Official Register three thousand copies shall be saw.^jJ^E'St P^ 6 ^ auc l bound, which shall be distributed as follows: amended. ' ' To the President of the United States, four copies, one copy of which shall be for the library of the Executive Mansion; to the Vice-President of the United States, two copies; to each Senator, Representative, and Delegate in Congress, one copy ; to the Secretary and Sergeant-at-Arms of the Senate, to the Clerk and Sergeant-at-Arms of the House, one copy each ; to the library of the Senate, ten copies; to the library of the House of Representatives, ten copies; to the Library of Congress, twenty- five copies; to the Department of State, one hundred copies; to the Treasury Department, one hundred and fifty copies; to the War Department, fifty copies; to the Navy Department, twenty copies. * * * Monthly voi- Copies of the specifications and drawings of each patent ta?ued. f pat lt8 issued, bound in monthly volumes, one copy for each of R. s., sec. 490, the Executive Departments of the Government, one copy to be placed for free public inspection in each capitol of every State and Territory, one for the like purpose in the clerk's office of the district court of each judicial district of the United States, except when such offices are located in State or Territorial capitols, and one in the Library of Congress, which copies shall be certified under the hand of the Commissioner and seal of the Patent Office, and shall not be taken from the depositories for any other pur- pose than to be used as evidence; also one hundred addi- tional copies of the same, for sale by him at a price to be fixed by the Secretary of the Interior. The u usual number" shall not be printed. inserting No report, document, or publication of any kind distrib- uted by or from an Executive Department or bureau of the Government shall contain any notice that the same is sent with "the compliments" of an officer of the Govern- ment, or with any special notice that it is so sent, except PUBLIC DOCUMENTS PRINTING AND BINDING. 241 that notice that it has been sent, witli a request for an acknowledgment of its receipt, may be given. SEC. 74. Government publications furnished to judical o ^^ cation8to and executive officers of the United States for their official use shall not become the property of these officers, but on the expiration of their official t^rm shall be by them deliv- ered to their successors in office and all Government pub- lications delivered to designated depositories or other libraries shall be for public use without charge. SEC. 75. Documents and reports may be furnished t ti( Jn 8 reign lega ' foreign legations to the United States upon request speci- fying those desired and requisition made upon the Public Printer by the Secretary of State: Provided, That such Reciprocal dis- gratuitous distribution shall only be made to legations tribution. whose Governments furnish to legations from the United States copies of their printed and legislative documents desired. SEC. 7G. The charts published by the Coast and Geo-^"^*, survey detic Survey shall be sold at cost of paper and printing KS*.', sec. 469i, as nearly as practicable; and there shall be no free distri- p - 911iamended - bution of such charts except to the Departments and offi- cers of the United States requiring them for public use; and a number of copies of each sheet, not to exceed three hundred, to be presented to such foreign governments, libraries, and scientific associations, and institutions of learning as the Secretary of the Treasury may direct; but on the order of Senators, Kepresentatives, and Delegates not to exceed ten copies to each may be distributed through the Superintendent of the Coast and Geodetic Survey. SEC. 77. The Secretary of the Navy is authorized to JFydrographio , /, TT , *, . s^. , j Office charts, etc. cause to be prepared at the Hydrographic Office attached R. s., sec. 432, to the Bureau of Navigation, in the Navy Department, P- 72 - maps, charts, and nautical books relating to and required in navigation, and to publish and furnish them to naviga- tors at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navi- gators' sailing directions and instructions as he may con- sider necessary and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe. All moneys which may be received from the sale of maps, ga ^ ceipt8 from charts, and nautical books shall be paid by the Secretary 8a R 8 s., sec. 433, of the Navy into the Treasury of the United States, to be?- 72 - Bended, used in the further preparation and publication of maps, charts, navigators' sailing directions, and instructions for the use of seamen, to be sold at the cost of printing and paper. SEC. 78. All appropriations made for the preparation or Foreign hydro- i T j- ,, ,, L L t i ' i graphic charts. publication of foreign hydrographic surveys shall only R.S., sec. 3686, be applicable to their object, upon the approval by the p - 723 - Secretary of the Navy, after a report from three competent naval officers to the effect that the original data for pro- posed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to 376 16 242 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. order a board of three naval officers to examine and report upon the data before he shall approve of any application of moneys to the preparation or publication of such charts or hydrographic surveys. illustrations in SEC. 80. No document or report to be illustrated or accom- panied by maps shall be printed by the Public Printer until the illustrations or maps designed therefor shall be ready for publication ; and no order for public printing shall be acted upon by the Public Printer after the expiration of one year, unless the entire copy and illustrations for the work shall have been furnished within that period : Provided, This section shall not apply to orders heretofore made for the printing of a series of volumes on one subject. Binding. SEC. 81. Every public document of sufficient size on any one subject shall be bound separately, and receive the title suggested by the subject of the volume, which shall be the chief title, and the classification of the volume shall be placed on the back at the bottom, as simply indicating its classification and not as a part of the title. classification The executive and miscellaneous documents and the reports of each House of Congress shall be designated as " House Documents," " Senate Documents," " House Re- ports," " Senate Reports," thus making two classes for each House, and each volume shall receive the title suggested by its subject matter clearly placed upon its back. i Bins and o reso d SEC. 82. The Public Printer shall bind four sets of Senate 8 et8 n8 ' 1 and House of Representatives bills, joint and concurrent resolutions of each Congress, two for the Senate and two for the House, to be furnished him from the files of the Sen- ate and House document room, the volumes when bound to be kept there for reference. committee re- SEC. 83. The Secretary of the Senate and Clerk of the House shall procure and file for the use of their respective Houses copies of all reports made by committees, and they are hereby directed at the close of each session of Con- gress to cause such reports to be indexed and bound, one copy to be deposited in the library of each House and one copy in the room of the committee from which the reports emanate. SEC. 84. Registered bonds and written records may be el R s sec 378? bound at the Treasury Department. p. 744. Franking doc- SEC. 85. The Vice-President, Senators, Representatives, and Delegates in Congress, the Secretary of the Senate, and Clerk of the House of Representatives may send and receive through the mail all public documents printed by order of Congress; and the name of the Vice-President, Senator, Representative, Delegate, Secretary of the Senate, and Clerk of the House shall be written thereon, with the proper designation of the office he holds; and the provi- sions of this section shall apply to each of the persons named therein until the first day of December following the expiration of their respective terms of office. ence r e r tc 8 fr < ee 1(1 " Tne Vice-President, members and members-elect of and Delegates and Delegates-elect to Cougress shall have the PUBLIC DOCUMENTS -- PRINTING AND BINDING. 243 privilege of sending free through the mails, and under their frank, any mail matter to any Government official or to any person, correspondence, not exceeding one ounce in weight, upon official or departmental business. SEC. 86. No printing or binding shall be done at the u ^ 1 j] c S5 2J U8t be Government Printing Office unless authorized by law. ^R.^Tec'. 3785, Binding for the Departments of the Government shall be i- done in plain sheep or cloth, except that record and account books may be bound in Russia leather, sheep fleshers, and skivers, when authorized by the head of a Department: Proviso Provided, The libraries of the several Departments, the Libraries, etc. Library of Congress, the libraries of the Surgeon-GeueraPs Office, the Patent Office, and the Naval Observatory may have books for the exclusive use of said libraries bound in half Turkey, or material no more expensive. SEC. 87. All printing, binding, and blank books for the work to b e Senate or House of Representatives and for the Executive oZ^ l and Judicial Departments shall be done at the Government ^f'^^J 6 ' Printing Office, except in cases otherwise provided by law. p ' SEC. 88. The Public Printer shall execute such printing Printing, etc, and binding for the President as he shall order and make dent. requisitions for, arid deliver to the Executive Mansion two copies each of all documents, bills, and resolutions as soon as printed and ready for distribution. SEC. 89. No printing shall be done for the Executive Appropriations Departments in any fiscal year in excess of the amount of ed*etc be the appropriation, and none shall be done without a special requisition, signed by the chief of the Department and filed with the Public Printer. No report, publication, or document shall be printed in Number iim- excess of the number of one thousand of each in any one lted- fiscal year without authorization therefor by Congress, except that of the annual report of the head of the Depart- r^l^* 11161111 meut without appendices there may be printed in any one fiscal year not to exceed five thousand copies, bound in pamphlet form; and of the reports of chiefs of bureaus Bureau reports. without appendices there may be printed in any one fiscal year not to exceed two thousand five hundred copies, bound in pamphlet form : Provided, The Secretary of Agriculture crop**reports may print such number of copies of the monthly crop report, etc. and of other reports and bulletins containing not to exceed one hundred octavo pages, as he shall deem requisite; and this provision shall apply to the maps, charts, bulletins, and minor reports of the Weather Bureau, which shall be printed in such numbers as the Secretary of Agricul- ture may deem for the best interests of the Government: Provided further, That the Secretary of the Treasury may authorize the printing of the notices to mariners, tide et ^ arinenotice8 ' tables' coast pilots, bulletins, and other special publications of the Coast and Geodetic Survey and of the Light-House Board, and the Secretary of the Navy may authorize the printing of the charts, maps, notices to mariners, tide tables, light lists, sailing directions, bulletins, and other special publications of the Hydrographic Office in such editions as the interests of the Government and of the public may require. 244 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Heads of Executive Departments shall direct whether reports made to them by bureau chiefs and chiefs of divi- sions shall be printed or not. tender is vacant, by the officer acting as Solicitor for the time, shall be evidence equally with the originals. Transcripts SEC. 886. When suit is brought in any case of delin- I'r'Jh^Treasury! queiicy of s> revenue officer, or other person accountable in suits against for public money, a transcript from the books and proceed- w, s. ings of the Treasury Department, certified by the liegister s 5 i 2 i ;anc * authenticated under the Seal of the Department, or, , p. 367. ' ' when the suit involves the accounts of the War or Navy ee note 2. Departments, certified by the Auditors respectively ch arged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admit- Note 1. The heads of the Departments are not bound to produce papers or dis- close information communicated to them -where, in their judgment, the disclosures would, on public considerations, be inexpedient. (Op., XI, 137, Speed.) In general, only such communications as are made in the course of their official duties by the persons making them come within the rule of privileged commu- nications, and are confidential under all circumstances. Other cases may occur (stated in this opinion) in which a Department would be justified in representing to a court that upon public considerations it declined to furnish such communications. (Op., XV, 415, Devens, Dec. 17, 1877. See also XV, 378.) In furnishing copies a distinction will properly be made between documents in the nature of permanent records, such as general or special orders, muster rolls, discharges of soldiers, commissions of officers, &c., and the reports and communi- cations of officers addressed to military superiors or to the Secretary of War in the line of their official duty. The latter are generally regarded as privileged commu- nications which even the courts, on grounds of public policy, will in general hold to be incompetent testimony, and of which they will refuse to require the produc- tion in evidence. (Winthrop's Digest, p. 350.) An official memorandum indorsed on an account as a direction to his subordinates by the head of a Department is not a matter of record of which the public or persons dealing with the Department must take notice. (C. C., XIII, 72.) All collections of natural history and the like, and all field notes and other like local information, taken or obtained by any public officer, civil or military, in tin- Ifne of his duty, belong to the Government. They may lawfully make collections ami take notes for their own use, provided the same be done without neglect of public duty or expense to the Government, and provided also that it be done without viola- tion of superior order in their respective Departments. (Op., VI, 599, Gushing, L'4 June, 1854.) The records of an Executive Department need not be produced in evidence in court, but their contents may be shown by authenticated copies. (C. C., II, 451. .Nock's case. ]Jut see Op.) A party can not, by replevin, take papers from the public archives on the allegat ion of their being private property, by a writ against the head of a Department or other public officer. The archives are in the possession of the United States. (Op., VI, 8, C'ushiug, March 25, 1853.) Kecommendations for office are not papers or documents required to be kept by the Departments in which they are deposited filed for tbp convenience of applicant who are allowed to withdraw them wnenever they desire to do so. Such applicants can properly be permitted to see objections that may have been filed against them selves (subject to the limitation, however, that the permission should only !>< givei^ where the communication is not in iis nature privileged) in order that they may. if possible, answer or remove them. The files of the Departments ought not to bosun mitted to a search, upon the application of a newspaper, with a view to ascertain what persons have been recommended foroffice by a certain Senator and Jlepresenia- tive in Congress. Copies of such papers should not be furnished unless 1 lie appli- cant appears himself to have been directly affected by the writing of a letter of whlcl he demands a copy. (Op., 342, Devens, July 28, 1877.) Note 2. The account of a delinquent officer, as finally adjusted by the accounting officers, is not admissible as evidence 1 under sec. 886, K. S., unless it be certified and authenticated to be atranscript from the books and proceedings of that Department. A certificate that t!io transcript annexed is a copy of the original on file is the lortn used in reference to mere copies of bonds, contracts, or other papers connected with the final adjustment. (Otto, 102, 548.) PUBLIC OR DEPARTMENT RECORDS. 247 ted as evidence, and the court trying the cause shall be authorized to grant judgment and award execution accord- ingly. And all copies of bonds, contracts, or otker papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by the Register, or by such Auditor, as the case may be, to be true copies of the originals on file, and authen- ticated 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 defendant pleads "nou 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 specified in such affidavit. SEC. 887. Upon the trial of any indictment against any . Transepts in if i T > i it i_ f-n "^indictments lor person for embezzling public moneys, it shall be sufficient embezzlement of evidence, for the purpose of showing a balance against such pU AugTi846 * 8 person, to produce a transcript from the books and pro- ie, v. 9,' p. iu which he shall cause to be filed the returns of con- ' see s'ecs. 3744- tracts mad e by the Secretary of War, the Secretary of the 3747, contracts. ]^" av y ? all( j the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. cierk to me re- SEC. 513. The clerk of the Keturns Office shall file all tu idlm. returns made to the office, so that the same may be of easy access, keeping all returns made by the same officer in the same place, and numbering them in the order in which they are made. indexes. SEC. 514. The clerk of the Keturns Office shall provide and keep an index-book, with the names of the contract- ing parties, and the number of each contract opposite to the names; and shall submit the index-book and returns to any person desiring to inspect it. Copies of re- SEC. 515. The clerk of the Keturns Office shall furnish tu fdeni copies of such returns to any person paying therefor at the rate of five cents for every one hundred words, to which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return. Title 70, chap. 4. SEC. 5403. Every person who willfully destroys or at- Destroying, tempts to destroy, or, with intent to steal or destroy, takes ords publi rec an( ^ carries away any record, paper, or proceeding of a r Feb.26,i853, e . court of justice, filed or deposited with any clerk or officer 4 'see 8e p c.5 7 408. of sucn court, or any paper, or document, or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suffer im- prisonment, at hard labor, not more than three years, or both. Destroying SEC. 5408. Every officer having the custody of any rec- in c charg b e yofficer ord, document, paper, or proceeding specified in section idem, s.' 5. fifty-four hundred and three, who fraudulently takes away, or withdraws, or destroys any such record, document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a fine of not more than two thousand dollars, or suffer imprisonment at hard labor 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. PUBLIC PROPERTY, BUILDINGS AND GROUNDS. 249 PUBLIC PROPERTY, BUILDINGS AND GROUNDS. PURCHASE AND DISPOSITION. Sec. 355. Title to be examined. 1838. Assent of legislature. 3733. Contract not to exceed appropria- tion. Sec. 3734. Restriction on commencing build- ings. 3736. No purchase without appropriation. 5503. Contracting beyond appropriations. Title 8. "SEC. 355. No public money shall be expended upon any _ site or land purchased by the United States for the pur- Title to land to poses of erecting thereon any armory, arsenal, fort, for tin cation, navy-yard, custom-house, light-house, or other public states, building, of any kind whatever, until the written opinion of the Attorney-General shall be had in favor of the valid- ity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such pur- chase, 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 districts. And the Secretaries of the De- partments, upon the application 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 contingencies of the Departments respectively. SEC. 1838. The President of the United States is author- ized to procure the assent of the legislature of any State, within which any purchase of land has been made for Title 22. Assent of erection of forts, magazines, arsenals, dock-yards, and forts, etc. other needful buildings, without such consent having obtained. SEC. 3733. No contract shall be entered into for the Title 48. erection, repair, or furnishing, of any public building, or NO contract to for any public improvement which shall bind the Govern- H^ appropr1 ' ment to pay a larger sum of money than the amount in the Ji.v 25, iseg, s . Treasury appropriated for the specific purpose. ' See sS. 5563. SEC. 3734. Before any new buildings for the use of the Restrictions on United States are commenced, the plans and full estimates ofn^buuSngs! therefor shall be prepared and approved by the Secretary ^uiyis.mo.v. of the Treasury, the Postmaster-General, and the Secre- 16 se 2 Bec. sees, tary of the Interior; and the cost of each building shall not exceed the amount of such estimate. SEC. 3736. No land shall be purchased on account of the United States, except under a law authorizing such purchase. 7 % ' See'note 1. That in every case in which the Secretary of the Treasury Aug. i, isss. or any other officer of the Government has been, or here- after shall be, authorized to procure real estate for the erec- tion of a public building or for other public uses he shall be, and hereby is, authorized to acquire the same for the United 25 stat. L., 357. P< y private purchase or condem- nation, and to defray the expenses incident to the procuring of sites from the appro- priations for the construction of the buildings. (See 18 Opins., 174, 484.) 1888, April 24, ch. 194, ante, p. 584, authorizing the Secretary of War to eanse proceedings lobe instituted for the condemnation of any land, right of way, or mate- rial required for the improvement of rivers and harbors, or in his discretion to pur- chase the same or accept donations of lands or materials. 1889, March 2, ch. 370, par. 4, post, p. 677, prohibiting the Commissioners of (lie District of Columbia from employing agents in making purchases of school sites, &.c., in certain cases. 1890, August 6, ch. 724, par. 4, post, p. 777, extending to the Commissioners of the District of Columbia the powers conferred on the officers of the United States by the act in the text, and regulating the preparation of plans, &c., for the buildings. 1890, August 18, ch. 797, post, p. 780, authorizing the Secretary of War to cause proceedings to be instituted for the condemnation of any land or right pertaining thereto, for fortifications and coast defenses, or to purchase the same or accept dona- tions of such lauds or rights. (See 45 Fed. Rep., 546.) 1890, August 30, ch. 837, 2, 3, post, p. 793, which, after providing for the acquisi- tion of land by-purchase or condemnation for the purposes of the Government Printing Office, direct's that hereafter tne same provisions shall apply to all cases of the taking of property in the District of Columbia for public use. Previous to the passageof the lact-named act the proceedings in the District in taking private property for .public use had not been uniform. In increasing the water supply, for instance, three appraisers were to be appointed, but the owner, i!' dissatisfied with their valuation, might apply to the Court of Claims, (22 Stat. L., 168, 169) ; while on the other hand the proceedings in the acquisition of land for tlio Library of Congress were to be conducted (24 Stat. L., 12, 13,) "in the manner pro- vided with reference to the taking of land for highways in the District of Columbia,* 1 the provisions as to which are contained in R. S. of D. C., 252-265. On the construction of the act in the text, see 45 Fed. Rep., 396, 19 Opins., 673. As to how far these acts are only declaratory of powers already possessed oy the officers named, see 91 U. S. 367; 16 Opins., 329;'l7 Opins., 509; 18 Opins., 352. As to dam- ages recoverable in s'uch cases, see 25 C. Cls., 87. 277, 329. Note 5. The Government can purchase land in a State without the consent of the legislature, but can not without that consent exercise exclusive jurisdiction. The joint resolutions of September 11, 1341 (Stat. L., v. 5, p. 468), do not forbid the payment of the purchase money of any site for the purpose of erecting buildings before the consent of the legislature is obtained, but prohibit the expenditure of public money upon Improvements before such consent. If the legislative act of the State amounts USE AND CARE OF PUBLIC PROPERTY. 251 USE AND CARE OF PUBLIC PROPERTY. Sec. 197. Inventory to be kept. 1I.-J4. \yillfully stranding vessels. - Unlawful destruction of public property. Negligent strandirg of vessels. - Waste of public property. - Stealing or wrongfully selling. Act March 3, 1ST:,. Embezzling, etc., from Tinted States. 3748. Selling uniforms and equipments. 5385. Arson of dwelling houses. 5386. Arson of armories, etc. 5387. Arson of vessels of war. Sec. 5438. Canceling, selling, and pledging public property. 543!i. Embezzling arms, stores, etc. 5456. llobbery and larceny of personal property of the United States. Act Mar. 3, 1883. Use of water in public buildings 1). C. Act Mar. 3, 1875. Payments, etc., for public buildings. Act June 29, 1888. Injurious deposits for- bidden in New York harbor. SEC. 197. The Secretary of State, the Secretary of the Title *. Treasury, the Secretary of the Interior, the Secretary of inventories of AYur, the Secretary of the Navy, the Postmaster-General, pr j^ rt f 5 ' 1370 8 the Attorney-General, and Commissioner of Agriculturei^e,?.^. shall keep, in proper books, a complete inventory of all the property belonging to the United States in the build- to a consent, any exceptions, reservations, or qualifications contained in the act are void. (Op., X, 35, May 6, 1861, Bates. See also Op., XV, 212. Devens, Mar. 27, 1877.) A purchase of land by the Executive without the authority of law is an illegal act. (Op., XI, 201, Speed, Apr. 20, 1865.) Where a contract is made for the purchase of property for Government purposes, and the head of a Department refuses to take it, the Attorney-General declaring the title defective, the contract is at an end. A succeeding Secretary can not reconsider exceptupon new evidence, etc. (Op., IX, 100, Black, Sept. 26, 1857.) Compensation to district attorneys for examining titles proper. The amount may be agreed on in advance or fixed after the work is completed. (Op., XI, 433, Speed, May 8, 1876. See also Op., XIII, 15.) The discretion given in an act to acquire by purchase or condemnation a lot of land for a public building does not extend to "acquisition" of adjoining land. Authority to purchase in the act does not include authority to acquire by condem- nation. In statutes, generally, the word purchase is employed in a sense not techni- cal, only as acquisition by agreement with and conveyance from the owners without governmental interference. (Op., XVI, 226, Deveris, May 14, 1879.) But this opinion was rendered before the passage of the act of Aug. 1, 1888, ante; under which author ity to purchase real estate for the Government carries with it authority to condemn. The United States can not accept a cession of jurisdiction from a State coupled with a condition that crimes committed within the limits of the jurisdiction ceded shall continue to be punished by the courts of the State. (Op., VIII, 419, Gushing.) See Op., IX, 528, and the Regulations of the Department of Justice, published in General Orders, War Department, May 13, 1881, concerning examination and evidence of titles of lands to be conveyed to the United States. The act of a legislature of a State giving consent to the purchase of site for naval p. 263.) The term purchase embraces any mode of acquiring property other than by descent. The Secretary of War can not accept a aift of land or interest in land, for any use or purpose, independently of statiite authority. Public money can not be expended for the erection of a public building upon land donated to the United States, until the Attorney-General has passed the title and the legislature of the State granted jurisdiction. (Winthrop's Digest, 406. See also this Digest for other important decisions and rulings on the subject of public lands and property; and against the power of the heads of the executive departments to lease, give away, or dispose in any manner of such land or property without authority of Congress. See also Op., IV, \Vhere land is donated to the United States for a site for a public building, for which an appropriation was made by Congress : Held, That the consent of the legis- lature; of the State to the grant is required before any part of the appropriation can be lawfully expended in the erection of the building. (Ot>., XVI, 414, Devens, Jan. 7, 1880.) Lands purchased and reserved by the United States for light-house, barracks, navy-yards, and other like purposes are not included in the designation of "public lauds." Lands so purchased or reserved are in law and in fact severed from the pub- lic domain' and no subsequent law or warrant authorizing the appropriation of "public lands " would be construed to embrace land so purchased or reserved. (Op., V, 578, Aug. 1, 1852, Crittenden.) An act appropriating for a movable dam impliedly authorizes the purchase with the approval of the Secretary of War, of such land as is necessary for the construc- tion of the dam. Payment of the purchase money may be made though the legisla- ture of the State has not consented to the purchase. Expenditures for structures or improvements can not be made upon land already purchased until the consent of the State is obtained. (Op., XV, p. 212, Devens, Mar'. 27, 1877.) 252 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. iugs, rooms, offices, and grounds occupied by them, respec- tively, and under their charge, adding thereto, from time to time, an account of such property as may be procured subsequently to the taking of such inventory, as well as an account of the sale or other disposition of any of such property. Titiei5,^hap.ifl. g EC . 1624. ART. 4. The punishment of death, or such pun- other punisliinent as a court-martial may adjudge, may be death. i n flj c ted on any person in the naval service ******* wnifui strand Tenth. Or intentionally or willfully suffers any vessel vefseL lojury f of the Navy to be stranded, or run upon rocks or shoals,, or improperly hazarded; or maliciously or willfully injures any vessel of the Navy, or any part of her tackle, arma- ment, or equipment, whereby the safety of the vessel is. hazarded or the lives of the crew exposed to danger; U ict!onof ub Eleventh. Or unlawfully sets 011 fire, or otherwise unlaw- ifc property?" " fully destroys, any public property not at the time in pos- arf i7'v 23 3 ^J?' sess i n ^ au enemy, pirate, or rebel; ^o'tteuses' pun- ART. 8. Such punishment as a court-martial may adjudge) tJonofcourt-mar- may be inflicted on any person in the Navy tial. ******* 8trandfn igent Eleventh. Or through inattention or negligence, suffers any vessel of the Navy to be stranded, or run upon a rock or shoal, or hazarded; y *etc Fifteenth. Or wastes any ammunition, provisions, or other Apr. 23, im\ public property, or, having power to prevent it, knowingly art. 13, v. 2, p. 47. p erm i ts . s^fr wa ste ; . Crimes of fraud. ART. 14. Fine an d imprisonment, or such other punish- ment as a court-martial may adjudge, shall be inflicted upon any person in the naval service of the United States " Who steals, embezzles, knowingly and willfully misappro- priates, applies to his own use or benefit, or wrongfully and knowingly sells or disposes of any ordnance, arms, equip- ments, ammunition, clothing, subsistence stores, money or other property of the United States, furnished or intended for the military or naval service thereof; or mtar 118 ??o H ) C Who knowingly purchases, or receives in pledge for any fr. p obligation or indebtedness, from any other person who is a v*i2 2l 565 3 ' 8 ' I )art f or Employed in said service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such other person not , having lawful right to sell or pledge the same; Mr. 8, 1876. That any person who shall embezzle, steal, or purloin Embezzling, any money, property, record, voucher, or valuable thing /lifted whatever, of the moneys, goods, chattels, records, or prop- states deemed erty of the United States, shall be deemed guilty of felony, eiony ; penalty. am | Qn conv i c tj O n thereof before the district or circuit court of the United States in the district wherein said offense may have been committed, or into which he shall carry or have in possession of said property so embezzled, stolen, or purloined, shall be punished therefor by imprisonment at hard labor in the penitentiary not exceeding five USE AND CARE OF PUBLIC PROPERTY. 253 or by a line not exceeding five thousand dollars, or both, at the discretion of the court before which he shall be convicted. SEC 2. That if any person shall receive, conceal, or aid Knowingly re- in concealing, or have, or retain in his possession with iUg7Ste., C HtoSn- inteut to convert to his own use or gain, any money, prop- ** P^^jf erty, record, voucher, or valuable thing whatever, of the states; penalty, moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or pur- loined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall be convicted; and such receiver maybe tried either before May be tried or after the conviction of the principal felon, but if thaJj^tJiioafof party has been convicted, then the judgment against him principal, shall be conclusive evidence in the prosecution a gainst igfj?!?!.' 1875 ' v " such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. SEC. 3748. The clothes, arms, military outfits, and accou- Title 44. terments furnished by the United States to any soldier uniforma and shall not be sold, bartered, exchanged, pledged, loaned, or e< ^p n ^ 3 8 giveu away; and no person not a soldier, or duly author-23,v.i2,p.735! 8 ' ized officer of the United States, who has possession of any such clothes, arms, military outfits or accouterments, so furnished, and which have been the subjects of any such sale, 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 delivered 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. SEC. 5385. Every person who, within any fort, dock-yard, Titieio, chap. 8. navy-yard, arsenal, armory, or magazine, the site whereof Arson of dweii- is under the jurisdiction of the United States, or on $* e jf jjJ?JJ lrttMli site of any light-house, or other needful building belonging a Mar: e 3?i825, 8 . to the United States, the site whereof is under their juris- diction, willfully and maliciously burns any dwelling-house, or mansion-house, or any store, barn, stable, or other build- ing, parcel of any dwelling or mansion-house, shall suffer death. SEC. 5386. Every person who, in any of the places men- r tioned in the preceding section, maliciously sets fire to, or ry ib[cu. a 2.' e burns, any arsenal, armory, magazine, rope-walk, ship- house, warehouse, block-house, or barrack, or any store- house, barn, or stable, not parcel of a dwelling-house, or any other building not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light- 254 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. house, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. Arson of vessel SEC. 5387. Every person who maliciously sets on fire, or ibi!Ts.ii,p. 117. burns, or otherwise destroys, any vessel of war of the United States, afloat on the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay Avithin the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, shall suffer death. Title 70, chap. 6. g EC> 543$. Every person * * * who, having charge, concealing, possession, custody, or control of any money or other public piedging g> pui5ic property used, or to be used, in the military or naval service, pr ffar?i863 ss WUO 7 w ith intent to defraud the United States or willfully to 1-3, vfik pp. 696- conceal such money or other property, delivers or causes 69 I'ee sees 3490 to ^ e delivered, to any other person having authority to 3491, under receive the same, any amount of such money or other prop- claims. ertv | esg ^ nan ua t f or wn ich he received a certificate or took a receipt, and every person authorized to make or de- liver any certificate, voucher, receipt or other paper certi- fying the receipt of arms, ammunition, provisions, cloth- ing, or other property so used or to be used, who makes or delivers 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, and every person who knowingly purchases or receives in pledge for any ob- ligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the mat- ters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars. Embezzling SEC. 5439. Every person who steals or embezzles, or ar rMd 8t res ' etc ' knowingly applies to his own use, or who unlawfuly sells, conveys, or disposes of, any ordnance, arms, ammunition, clothing, subsistence, stores, money, or other property of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the pre- ceding section. Robbery or iar- SEC. 5456. Every person who robs another of any kind or opert/o7The description of personal property belonging to the United Sia? 2186?' v States, or feloniously takes and carries away the same, shall i4,p?557.' v be punished by a fine of not more than five thousand dol- lars, or by imprisonment at hard labor not less than one nor more than ten years, or by both such fine and impris- onment. USE AND CARE OF PUBLIC PROPERTY. 255 All officers iii charge of public buildings in the District Mar - 8 * 1888 - of Columbia shall cause the flow of water in the buildings Flow of water under their charge to be shut off from five o'clock postfgundVy meridian to eight o'clock ante meridian: Provided, That act.] the water in said public buildings is not necessarily in use for public business. And hereafter no money shall be paid nor contracts made Mar. 8, 1876. for payment for any site for a public building in excess ch. 130, v. is, p. of the amount specifically appropriated therefor; and no 39 p ayment8 )CO n- moucy shall be expended upon any public building on tracts etc.,' tor which work has not yet been actually begun until after ' drawings and specifications together with detailed esti- mates of the cost thereof, shall have been made by the Supervising Architect of the Treasury Department, and said plans and estimates shall have been approved by the Secretary of the Treasury, Secretary of the Interior, and the Postmaster-General ; and all appropriations made for the construction of such building shall be expended within the limitations of the act authorizing the same or limiting the cost thereof ; and no change of said plan involving an increase of expense exceeding ten per centum of the amount to which said building was limited shall be allowed or paid by any officer of the Government without the special authority of Congress. Note 1. The Secretary of the Navy has no authority to grant permission to a city to extend a sewer through the public grounds so as to confer any legal title or right upon the city to maintain the sewer through the grounds. A mere license for the use of the premises is revocable at all times. A legal right to construct and main- tain a sewer would have to be granted by Congress. (Op., XVI, 152, Oct. 1, 1878, Devens.) Territory over which exclusive jurisdiction has been ceded to the United States is subject only to the laws of Congress. Where land is granted by a State to the ( leneral Government, reserving a concurrent jurisdiction in executing process within for offenses committed without such tract, the United States have exclusive juris- diction of offenses committed within the ceded territory. The purchase of land by the General Government for public purposes within the territorial limits of a State, does not, of itself, oust the State jurisdiction therein. Exclusive jurisdiction is the in c e-sary attendant on exclusive legislation. When, therefore, a State legislature has given its consent to a purchase of land by the General Government for the pur- poses enumerated in the Constitution, the State jurisdiction is completely ousted. (Urightley's Federal Digest, pp. 147, 148, giving numerous authorities and 'decisions of the courts.) An officer in command of a military post has the right to protect it by force from occupation or injury at the hands of trespassers. One caution should be observed, however, that in executing this duty there should be no unnecessary or wanton harm done either to persons or property. (Op., IX, 476, Black, Sept. 24, i860.) Where tHe Government executes a lease with a full knowledge of the condition of the building leased and with no agreement that the lessor shall make repairs it can not make them at his expense. (C. C., IV, 526.) Premises occupied by the Government under an implied lease; claim presented, which is reduced and paid, owner accepting and receipting without protest. He is excluded from afterward seeking to recover the difference. (C. C., VIII, 521.) Where there is an express agreement to repair, tenant is liable for loss by accidental nre. Liability attaches although there be no express covenant as to fire. Otherwise where there is no agreement to keep in repair (C. C., IX, 479). Premises rented at a specific rate per month, after expiration of a year lessee notified lessor that the rent must be reduced. The lessor allows the lessee to continue, receiving monthly rent at the reduced rate and giving receipts therefor in full. He thereby consents to change in >he original contract (C. C., V, 508.) Where the President has given permission to a railroad or a telegraph company to run lines through the public property, the license is revocable at his pleasure. (Op., XVI, 205, Devens, Nov. 22, 1878.) Persons who reside on lands purchased by or ceded to the United States, forts and arsenals, and where there is no other reservation or jurisdiction to the State than that of a right to serve civil and criminal process on such lands, are not entitled to the benefits of common schools for their children in the towns in which the lands are situated ; nor are they liable to be assessed for their polls and estates to State, county, and town taxes in such towns ; nor do they gain a settlement in such towns for themselves or their children by a residence for any length of time on such lands; nor do they acquire by residing on such lands any elective franchise as inhabitants of such towns. (Supreme court of Massachusetts, 1 Metcalf, 580. quoted in Op., XVI, 468, Devens, Feb. 7, 1880.) 256 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. jane 29, 1888. That the placing, discharging, or depositing, by any proc- 25 stat. L., 209. ess OT in any manner, of refuse, dirt, ashes, cinders, mud, '. K ' s " pp 'sand, dredgings, sludge, acid, or any other matter of any 594 , other than that flowing from streets, sewers, and pass- injuriou8de-ing therefrom in a liquid state, in the tidal waters of the P M? i6 r i888 d ch' nar b r f ^ ew York, or its adjacent or tributary waters, or 257 ;Sept,'i9, i89o| in those of Long Island Sound, within the limits which Fed.^Kep 8 ; 380. 45 sna ^ be prescribed by the supervisor of the harbor, is hereby strictly forbidden, HOW punished And every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than two hundred and fifty dollars nor more than two thousand five hundred dollars, and the imprison- ment to be not less than thirty days nor more than one year, either or both united, as the judge before whom con- viction is obtained shall decide, one half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor. of SEC. 2. That any and every master and engineer, or per- SO11 r persoDS acting in such .capacity, respectively, on board of any boat or vessel, who shall knowingly engage hibtted matter!^ in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or dis- charge in the waters of the harbor of New York, or in its adjacent, or tributary waters, or in those of Long Island Sound, or to any point or place elsewhere tlian within the limits defined and permitted by the supervisor of the har- bor hereinafter mentioned, shall be deemed guilty of a viola- tion of this act, and shall, upon conviction, be punishable as hereinbefore provided for offenses in violation of section one of this act, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. Permit to trans- SEC. 3. That in all cases of receiving on board of any dumpingground! scows or boats such forbidden matter or substance as herein described, it shall be the duty of the owner or mas- ter, or person acting in such capacity, on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from the supervisor of the harbor appointed hereuuder a permit defining the precise limits within which the discharge of such scows or boats may be made; Deviation from And any deviation from such dumping or discharging m e e r anor. a misde " place specified in such permit shall be a misdemeanor within I90pin8.,3i7. the meaning of this act; and the master and engineer, or person or persons acting in such capacity, on board of any tow-boat towing such scows or boats, shall be equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be liable to equal pun- ishment. Disposal of SEC. 4. That all mud, dirt, sand, dredgings, and material 4redged matter. Q f ever y ^j lu | an( j description whatever taken, dredged, or excavated from any slip, basin, or shoal in the harbor of SALE OF PUBLIC PROPERTY AND MATERIALS. 257 New York, or the waters adjacent or tributary thereto, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of the harbor of New York to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in the third section of this act prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredg- ings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense against this act, and shall be punished by a fine equal to the sum of five dollars for every cubic yard of mud, dirt, sand, dredgings, or material not depos- ited or discharged as required by this section. Any boat or vessel used or employed in violating any . ^egai proceed- provision of this act, shall be liable to the pecuniary pen- 1Dg8 ' alties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States, having jurisdiction thereof. SEC. 5. That a line officer of the Navy shall be designated N L v inc offlcer of by the President of the United States as supervisor of thepSed^u^er- harbor, to act under the direction of the Secretary of War vi | or f ^arbor. in enforcing the provisions of this act, and in detecting cers of ne the" offenders against the same. This officer shall receive the Navy '' ' 80C - 1362 - sea-pay of his grade, and shall have personal charge and supervision" under the Secretary of War, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this act. SEC. 6. [Appropriates $30,000 10 carry out the act.\ SALE OF PROPERTY AND MATERIALS. Sec. 1540. Sale of vessels unfit for repairs. 1541. Sale of unserviceable vessels and materials. Act Aug. 5, 1882. Removal of vessels from Register. Ibid. Appraisal and sale of stores, etc. 36W. Moneys to be deposited without deduction. 3618. Proceeds of sales of material. Sec. Act Feb. 14, 1 879. Value of issues of small stores, etc. Act June30,1890. Saleof condemned naval stores. 3619. Penalty for withholding money. 3672. Statement of proceeds of sales'. Disposition of useless ordnance material. SEC. 1540. The President may direct any armed vessel Title is, chap, e. of the United States to be sold when, in his opinion, such sale of vessels vessel is so much out of repair that it will not be for the""^ d to be re ' interest of the United States to repair her. [See Aug. 5, 'A P r.'2i,i806,. 1882.] ' 3, v. 2, SEC. 1541. The Secretary of the Navy is authorized and directed to sell, at public sale, such vessels and of the United States Navy as, in his judgment, cannot be 2 advantageously used, repaired, or fitted out; and he shall, ' 376 - 17 p. 402. sale of unserv- 258 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. see sec. 3618 a t the opening of each session of Congress, make a full title'; sec! report to Congress of all vessels and materials sold, the v ^Sni | P ar ti es buying the same, and the amount realized there- in and sec.i&i" from, together with such other facts as may be necessary Na s vy!i)ivi f 8ion h i e to a full understanding of his acts. Aug. 6, 1882. Jt shall also be the duty of the Secretary of the Navy, as Examination of soon as may be after the passage of this act, to cause to be vessels, etc. examined by competent boards of officers of the Navy, to be designated by him for that duty, all vessels belonging to the Navy not in actual service at sea, and vessels at sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their return from for- eign stations, and all vessels in the United States as often vessels not fit as once in three years, when practicable; and said boards fcet f o U be h 8Tricken shall ascertain and report to the Secretary of the Navy, in from Register, writing, which of said vessels are unfit for further service, veSeis ar of " the or, if the same are unfinished in any navy-yard, those which Navy .Division i. ca nnot be finished without great and disproportionate expense, and shall in such report state fully the grounds and reasons for their opinion. And it shall be the duty of the Secretary of the Navy, if he shall concur in opinion with said report, to strike the name of such vessel or vessels from the Navy Eegister and report the same to Congress. Aug. 5, 1882. SEC. 2. That it shall be the duty of the Secretary of the Account of Navy, as soon as may be after the passage of this act, to to be tak- cause an account to be taken of the stock of stores and stip- seenotei. plies pertaining and belonging to the several bureaus of the Navy Department, in which account shall be stated the original cost of each article and the date of purchase, so far as the same is known, and cause an appraisement of the present value of such stores and supplies to be made and entered in such account; and said appraised value, when so entered, shall hereafter be the price at which they shall Appraisers, be charged in accounting with the several bureaus. Such appraisal shall be made by boards of officers of the Navy to be designated by the Secretary; and all such stores and supplies as shall be found by boards of appraisers to be unserviceable for use in the Navy, shall be condemned and sold in the manner hereinafter provided for the sale of old en Duty of Secre- Note 1. Sec. 3755 of the Revised Statutes (resolution of June 21, 1870, v. 1C, p. 380) taryof theTreas- authorizes the Secretary of the Treasury to make such contracts and provisions as ury. ho may deem for the interest of the Government for the preservation, sale, or collec- tion of any property, or the proceeds thereof, which may have been wrecked, aban- doned, or become derelict, being within the .jurisdiction of the United States, and which ought to come to the United States, * * * [But see following.! Duty of the An act approved June 14, 1880 (sec. 4, chap. 211, v. 21, p. 197), provides that " whon- Secre taryof War. ever hereafter the navigation of any river, lake, harbor, Day, or other navigable vatn- of the United States, shall be obstructed or endangered by any sunken vessel or water-craft, it shall be the duty of the Secretary of War, upon satisfactory informa- tion thereof, to cause reasonable notice of not less than thirty days to be given, per- sonally or by publication at least once a week in the newspaper published m-anst the locality of such sunken vessel or craft, to all persons interested in such vessel or craft, or in the cargo thereof, of the purpose of said Secretary, unless such vessel or craft shall be removed as soon thereafter as practicable by the parties interested therein, to cause the same to be removed." If not removed, the Secretary treats the same as abandoned and derelict, and proceeds to remove it, sells it to the highest bid- der for cash, after due notice, and deposits the proceeds in the Treasury to the credit of a fund for the removal of such obstructions to navigation. The provisions of this act apply "to all such wrecks whether removed under this or any other act of Congress. An act of August 2, 1882 (chap. 375, v. 22, p. 208), enlarges the power given the Sec retary of War by the act of June 14, 1880, so that he may, in his discretion, sell and dispose of any such vessel, or cargo, or property therein, before the raising or removal thereof. SALE OF PUBLIC PROPERTY AND MATERIALS. 259 materials, and the proceeds thereof, after deducting the cost of such appraisal, condemnation, and sale, shall be paid into the Treasury. And no old material of the Navy shall hereafter be sold or exchanged by the Secretary of the Navy, or by any officer of the Navy, which can be profit- ably used by reworking or otherwise in the construction or repair of vessels, their machinery, armor, armament, or equipment; but the same shall be stored and preserved for future use. And when any such old material cannot be sale of unprof- proiitably used as aforesaid, the same shall be appraised itablearticles - and sold at public auction after public notice and advertise- ment shall have been given according to law under such rules and regulations and in such manner as the said Sec- retary may direct. The net proceeds arising from the sales of such old materials shall be paid into the Treasury. ftjJJJJJ shall be the duty of the Secretary of the Navy annually to grw. e report in detail to Congress, in his annual report, the pro- , ceeds of all sales of materials, stores, and supplies, made p. 290.' under the provisions of this act, and the expenses attend- ing such sales. SEC. 3017. The gross amount of all moneys received Title *- from whatever source for the use of the United States, Moneys to be except as otherwise provided in the next section, shall be S Si^tion! 11 paid by the officer or agent receiving the same into the 1 Mar. 3, 1849,' 8 . Treasury, at as early a day as practicable, without any s'ept. 28 1 , iJso.s! !| abatement or deduction on account of salary, fees, costs, ^Au 07 ^ 188? charges, expenses, or claim of any description whatever, and Ma? Visas.' But nothing herein shall affect any provision relating to the revenues of the Post-Office Department. SEC. 3618. All proceeds of sales of old material, con- Proceeds of demned stores, supplies, or other public property of any 81 May f CIST"^.' kind, except the proceeds of the sale or leasing of marine 5 ' v - 17 - P- 83 ; hospitals, or of the sales of revenue-cutters, or of the sales v. 9^171$ Apr. of commissary stores to the officers and enlisted men of J^J.'J^'jJ the Army, or of materials, stores, or supplies sold to officers isbe, 8/25,^14,' and soldiers of the Army, or of the sale of condemned Navy IgjJJ.'i'pfaw 1 - clothing, or of sales of materials, stores, or supplies to any June 22, isw, v! exploring or surveying expedition authorized by law, snail ^'is-Jv.T'iQ^p! be deposited and covered into the Treasury as miscellaue- 2 * 9 - . . , / /, T r, /-, See s. 1541. Aug. ous receipts, on account ot "proceeds of Government prop- 5, 1882, and Mar. erty," and shall not be withdrawn or applied, except in 3 ' 1875 - consequence of a subsequent appropriation made by law. [Par. I.] Bureau of Provisions and Clothing. That Feb. 14, 1879. from and after the first day of April, eighteen hundred and 20 stat. L., 284. seventy-nine, the value of issues of small-stores shall be s 2i?2i?' S>> credited to a fund to be designated as the " small-stores fund", in the same manner as the value of the issues of plies and clothing is now credited to the " clothing fund"; the re- co ^- eofi8 sources of the fund to be used hereafter in the purchase of of sma-n stores to supplies of small-stores for issue. * * fund ; ' ' how used . K. S., sec. 3618. June 30, 1890, ch. 640, par. 2, p. 762. [Par. 1.] The Secretary of the Navy is hereby authorized June 30 > 1890 to sell, after advertisement of the sale for such time as in 26^stat. L., iso. his judgment the public interests may require, condemned 1874-91,' p/m 8 ' 1 260 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. sale of con- n^val supplies. stores, and materials, either by public auc- denmed naval .. -t -i . / 11 i ' / ,1 store*. tion or by advertisement lor sealed proposals lor the pur- K. S., 1541, 3618 ; ,.lii au( l seventeen shall be subject to be removed from office, and to forfeit to the United States any share or part of the moneys withheld, to which he might otherwise be entitled. Title 41. SEC. 3672. A detailed statement of the proceeds of all statement of sales of old material, condemned stores, supplies, or other Sf ohuLtLiai. e8 P ublic property of any kind except materials, stores, or May s, 1872, V supplies sold to officers and soldiers of the Army, or to FebT' 2?!' i877, 8 v! exploring or surveying expeditions authorized by law, 19, p. 249. shall be included in the appendix to the book of estimates. See sec. 3692, Appropriations. Mar. 8, 1875. That the Secretary of the Navy is authorized to dispose Disposition Tf of the useless ordnance material on hand at public sale, ordnance mate accO rding to law, the net proceeds of which shall be turned Mar. 3, 1875, v. into the Treasury; and an amount equal to the same is I8 see 3 note2. hereby appropriated, to be applied to the purpose of pro- curing a supply of material adapted in manufacture and calibre to the present wants of the service; but there shall be expended, under this provision, not more than seventy- five thousand dollars in one year. Su Stat R L s' 37 V f Par " -^'J Tnat th e Secretary f tne Navy is authorized 73, chap. i3o. '' v 'to dispose of the useless ordnance material on hand at see note 3. public sale, according to law; July 14, 1884. SEC. 2. That hereafter all rifled cannon of any particular 23 stat, L., 158. material, caliber, or kind, made at the cost of the United i874 U 9i *p 4^8 S>1 States shall be publicly subjected to the proper test includ- AII rifled can- ing such rapid tiring as a like gun would be likely to be JftStod^ttSS subjected to in actual battle for the determination of the to i>e tested. endurance of the same to the satisfaction of the President oh!,78]i,B. 2 f p!So2'. of the United States or such persons as he may select; and ch S io28si' 1 SS 1 ne * s nere ky authorized to select not to exceed five persons, ' who shall be skilled in such matters; aud if such gun shall not prove satisfactory, they shall not be put in use in the Government service. cannon" ^a'^be SEC< 3 ' Tbat tlie Secretar y of War and tne Secretary of sold for experi the Navy are hereby authorized to sell to projectors of m Mar!:IIi8f5 8 h! me ^ UO( ^ 80 ^ conversion, for experimental purposes only, any 1:50, 'par.' 11, p. 74'. smooth-bore cannon on hand required by them, at prices which shall not be less than have been received from auc- tion sales for such articles, and deliver the same, at the cost of the Government, at the nearest convenient place for Note?. The Secretary of the Navy can not exchange a condemned vessel for another. Disposition of former controlled by act of May 23, 1872. (Op.. XIV, 360, Feb. 18, 1874, Williams.) For the mode in which the gale* of condemned property shall be conducted, whether by advertisement at public auction or otherwise, no specific provision is iiijuU-. In these respects the sales are left to the discretion of the officer having charge of such old material. The proceeds must be covered into the Treasury. The Bureau of Engraving and Printing can not exchange old presses for new ones. (Op., XV, 320, Williams, .June 23, 1877.) Inspection, condemnation, and public sale are necessary to a valid sale of unsuita- ble military stores under the act of March 3, 1825. (C. C., v. 1, p. 85.) Note ' ?468 > . ch in use in the naval service. REVISED STATUTES STATUTES AT LARGE. GENERAL PROVISIONS. Sec. 1. Definitions. 2. County. 3. Vessel. Sec. 4. Vehicle. 5. Company, association. In determining the meaning of the Kevised Statutes, or of Title i, chap. i. any actor resolution of Congress passed subsequent to Feb- . ruary twenty-fifth, eighteen hundred and seventy-one, words Feb. 25, im, 8 . importing the singular number may extend and be applied j n }y J; fgeo, 3 ^ to several persons or things; words importing the plural 44 - v - 14 > P- 163 ; number may include the singular; words importing the 82 U1 i26, v. 13, 'pp'. masculine gender may be applied to females; the words^ssj^Juiy 20, "insane person" and " lunatic" shall include every idiot, p.m' non-compos, lunatic, and insane person; the word " per- son" may extend and be applied to partnerships and cor- porations, and the reference to any ofticer shall include any person authorized by law to perform the duties of such office, unless the context shows that such words were intended to be used in a more limited sense; and a require- ment of an " oath" shall be deemed complied with making affirmation in judicial form. SEC. 2. The word "county" includes a parish, or any county. other equivalent subdivision of a State or Territory of the 9 J^n 3 ' United States. SEC. 3. The word " vessel " includes every description" of vessel. water-craft or other artificial contrivance used, or capable i,v ly il?' of being used, as a means of transportation on water. 7 l i 6 29 ; i' 8 ' SEC. 4. The word "vehicle" includes every description 'vehicle. of carriage or other artificial contrivance used, or capable i,v U i4,p 8 .'i7 8 8 66 ' 8 ' of being used, as a means of transportation on land. SEC. 5. The word "company" or "association," when company, asso- a seel iii reference to a corporation, shall be deemed to C1 jjiiy, embrace the words "successors and assigns of such coin- 9,v.u,p.'24i. pany or association," in like manner as if these last-named words, or words of similar import, were expressed. SEC. G. In all cases where a seal is necessary by law to seal. any commission, process, or other instrument pro vided 2,^10, p 1 .' for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance. 262 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. FORM OF STATUTES AND EFFECT OF REPEALS. Sec. 7. Enacting clause. 8. Resolving clause. 0. .No enacting words after first section. 10. Numbering and frame of sections. Sec. 11. Title of appropriation acts. 12. Repeal not to revive former act. 115. Repeals not to aft'ect liabilities, un- less, etc. Title i. riiap. 2. SEC. 7. The enacting clause of all acts of Congress here- EU a < t i n g after enacted shall be in the following form : " Be it enacted clause. R e s o 1 \ clause. by the Senate and House of Representatives of the United States of America in Congress assembled." K SEC. 8. The resolving clause of all joint resolutions shall be in the following form: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled." NO enacting SEC. 9. No enacting or resolving words shall be used in 25tai. any section of an act or resolution of Congress except in the first. Numbering SEC. 10. Each section shall be numbered, and shall coii- section r a ame Ol tam, as nearly as may be, a single proposition of enact- Feb.25, 1871, 8. meilt. 'Title oir appro- SEC. 11. The style and title of all acts making appropn- ^26^42,8. ations for the support of Government shall be as follows: 2, v. 5, p. 537. "An act making appropriations (here insert the object) for the year ending June thirtieth (here insert the calen- dar year.) Repeals not to SEC. 12. Whenever an act is repealed, which repealed a revive rmer former act, such former act shall not thereby be revived, 3 v 6 ^ 2 !^ 1 ' 8 ' U11 ^ ess ^ shall be expressly so provided. ' Repeal's not to SEC. 13. The repeal of any statute shall not have the unless, et a c bilite8 effect to release, or extinguish any penalty, forfeiture, or iwd!, s. 4. liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sus- taining any proper action or prosecution for the enforce- ment of such penalty, forfeiture, or liability. _ritiej9._ g Ea 1777. The various officers of the United States, to Preservation whom, in virtue of their offices and for the uses thereof, SKaJge^'^pie? f the United States Statutes at Large, published Aug. s, me, s. 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 suc- cessors respectively as a part of the property appertaining to the office. A printed copy of this section shall be in- serted in each volume of the Statutes distributed to any such officers. LIMITATIONS. Sec. 1043. Capital offenses. 1044. Offenses not capital. 1045. Fleeing from justice. 1046. Crimes under tbe revenue laws. Sec. 1047. Penalties and forfeitures under laws of the United States. 1048. Parties beyond reach of process during the rebellion. Title I8,ciip.i9. g ECg 1043. No person shall be prosecuted, tried, or pun- cai.hai utilises, ished for treason or other capital offense, willful murder 32, v?i,p.'iio. ' 8 ' excepted, unless the indictment is found within three years FORM OF STATUTES, REPEALS, AND LIMITATIONS. 263 next after such treason or capital offense is done or com- mitted. SEC. 1044. No person shall be prosecuted, tried, or pun- offenses not ished for any offense, not capital, except as provided in ca i )ital - section one thousand and forty-six, unless the indictment is found, or the information is instituted within three years next after such offense shall have been committed; but this act shall not have the effect to authorize the prosecu- tion, trial, or punishment for any offense, barred by the provisions of existing law. SEC. 1045. Nothing- in the two preceding sections shalL^^s from extend to any person fleeing from justice. "ibid. Apr. 30, 1876, v. 19. p. 32. SEC. 1046. No person shall be prosecuted, tried, or pun- Crimes under ished for any crime arising under the revenue laws, or the th ^r le^soTs slave-trade laws of the United States, unless the indict- 3, v. 2, 'p. 2no ; ' ment is found or the information is instituted within fi ve ^ ^p 2 452 818 ' s< 9 ' years next after the committing of such crime. SEC. 1047. No suit or prosecution for any penalty or for- Penalties and feiture, pecuniary or otherwise, accruing under the laws of laws^of ^iiSted the United States, shall be maintained, except in cases st |; t e e b 8 - 28 1839 8 where it is otherwise specially provided, unless the same is 4, v. 5, ' P . 32'1| commenced within five years from the time when the pen- ^ r> p' ' IfJJ.' alty or forfeiture accrued: Provided, That the person of 20, IHO'J, s.3,v.2,' the offender, or the property liable for such penalty or for- m8L v r '3 2 p. feiture, shall, within the same period, be found*withiu the ^ '^ar. 3, ises,' United States; so that the proper process therefor may be juiyiVisfestii instituted and served against such person or property. v.i5,p.i83. SEC. 1048. In all cases where, during the late rebellion, Parties beyond any person could not, by reason of resistance to the execu- SugVrS 8 tion of the laws of the United States, or of the interruption lion - et , j. /* i i i. i June 11, Ioo4, oi the ordinary course of judicial proceedings, be served eh. us, v. is, p. with process for the commencement of any action, civil or 123< criminal, which had accrued against him, the time during which such person was beyond the reach of legal process shall not be taken as any part of the time limited by law for the commencement of such action. That the Articles for the Government of the Navy be, and the same are hereby, amended by adding thereto the following: "ARTICLE 61. No person shall be tried by court-martial or otherwise punished for any offense, except as provided in the following article, which appears to have been com- mitted more than two years before the issuing of the order for such trial or punishment, unless by reason of having absented himself, or of some other manifest impediment he shall not have been amenable to justice within that period. u ARTICLE 62. No person shall be tried by court-martial or otherwise punished for desertion in time of peace com- mitted more than two years before the issuing of the order for such trial or punishment, unless he shall meanwhile have absented himself from the United States, or by reason of some other manifest impediment shall not have been amenable to justice within that period, in which case the 264 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 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 enlisted in the service." (February 25, 1895.) REPEAL PROVISIONS. Sec. 5595. What Revised Statutes embrace. 559C. Kepoal of acts embraced in revision. 5597. Accrued rigbta reserved. 5598. Prosecutions and punishments. 5599. Acts of limitation. 5600. Arrangement and classification of sections. 5601. Acts passed since December 1, 1873, not affected. Act June 20, 1874. Preparation of Revised Statutes for printing, etc. Title 74. SEC. 5595. The foregoing seventy-three titles embrace the what Revised statutes of the United States general and permanent in brace utcf era - their nature, in force on the 1st day of December one thou- sand eight hundred and seventy-three, as revised and con- solidated by commissioners appointed under an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United States. Repeai^of acts SEC. 559G. All acts of Congress passed prior to said first 1 in re 'dayof December one thousand eight hundred 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 perma- nent 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 appropriation, or any provision of a private, local, or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Con- gress 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. SEC. 5597. The repeal of the several acts embraced in said revision, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or com- menced 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. Prosecutions SEC. 5598. All offenses committed, and all penalties or 1 forfeitures incurred under any statute embraced in said revision prior to said repeal, may be prosecuted and pun- ished in the same manner and with the same effect, as if said repeal had not been made. Acts of Hmita SEC. 5599. All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of of- fenses, or for the recovery of penalties or forfeitures, em- braced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings or prosecu- an ments tion. REVISED STATUTES REPEAL PROVISIONS. 265 tions, 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. SEC. 5600. The arrangement and classification of the sev- eral 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 construction is to be drawn by reason of the Title, under which any particular section is placed. SEC. 5601. The enactment of the said revision is not to . Act passed n f ^ A -i -i A j since Dec. 1, 1873. affect or repeal any act of Congress passed since the 1st day , 10 t a ire c t e a ; of December, one thousand eight hundred and seventy-three, Juue 22 > 1874 - 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 stat- utes, and as repealing any portion of the revision inconsist- ent therewith. SEC. 204. Whenever a bill, order, resolution or vote of Title 5. the Senate and House of Kepresentatives, having been promulgation approved by the President, or not having been returned by of gg W t 8> 15 1789 8 him with his objections, becomes a law or takes effect, it2,v. e i!p.68; July shall forthwith lie received by the Secretary of State from ^Bec 28 m*' the President; and whenever a bill, order, resolution, or ck?9, v. is, p. 294'. vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is ap- proved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Secretary of State from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals. That the Secretary of State is hereby charged with the Jnne 20, 1874. duty of causing to be prepared for printing, publication 'preparation of and distribution the revised statutes of the United enacted at this present session of Congress; that he shall cause to be completed the head notes of the several titles and chapters and the marginal notes referring to the stat- utes 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 expounding the same, and such decisions of State courts as he may deem expedient, with a full and complete index to the same. And when the same shall be completed, the said Secretary shall duly certify the same under the seal of the Depart- sate ; went o/ State, and when printed and promulgated as here- JjJSJ,? 110 ^ evi ' inafter provided, the printed volumes shall be legal evi- Title of revi- dence of tihe laws and treaties therein contained, in all the 8i i' ne 20,1374,8. courts of the United States, and of the several States and 2, v. is ,'p. ilai Territories. SS,?^ 1 - 1 ' That the revision of the statutes of a general and per- Revision reiat- mauent nature, with the index thereto, shall be printed in ;?f ct to the Di8 ' one volume, and shall be entitled and labeled "Revised June 20,1874,8. Statutes of the United States"; and the revision of the 3 ' v>18>p>113 ' 266 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. statutes relating to the District of Columbia; to post-roads, and the public treaties in force on the first day of Decem- ber, 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." TO^ be^ stereo- That the Secretary of State shall cause the two volumes ^Distribution to be stereotyped and such number of each volume to be an idem 6 8 4 printed and substantially bound at the Government Print- seenote i. ing Office as he may deem needful, for public distribution as hereinafter provided, and for sale by his office. i898 Ct Marcb 15 ' SEC. 4. Hereafter the Secretary of State shall cause to be TJ.' s. statutes delivered to the Superintendent of Documents the Revised Documents upt ' Statutes ' supplements thereto, session laws, and Statutes seep.23s! at Large, to supply deficiencies, and to be sold by him un- der the provisions of section sixty-one of the Act approved January twelfth, eighteen hundred and ninety-five, entitled "An Act providing for the public printing and binding and distribution of public documents." [The statutes of the United States are edited, printed, stereotyped and distributed, in accordance with law, under the direction of the Secretary of State. They arc sold at the cost of the paper, presswork, and binding, with ten per cent added thereto, to any person applying for .the same. Under section 8 of the act of Congress approved June 20, 1874, vol. 18, p. 113, the printed copies of the acts of Congress, as edited and Note 1. Whenever a power is given by a statute everything necessary to the mak- ing of it effectual or requisite to attain the end is implied. (1 Kent s Com., 464; Quoted in Op., XV, p. 213.) Where power ia given by a statute to public officers in permissive language, as they " may if deemed advisable " do certain thing, the language used will be regarded as peremptory when the public interests or individual rights require that it should be. (Wallace, S. C., IV, p. 709.) Where a statute imposes a particular duty on an executive officer and he has acted (performing the duty to his understanding of the statute) there is no appeal from his action to the President or to any other executive officer, unless such appeal is provided for by law. (Op.. XVI, 317, Devens, May 2, 1879.) When the intent and meaning of a statute is expressly declared by a provision therein, to carry out that intent all other parts of the act must yield. A proviso in an act " repugnant to the purview thereof is not void, but stands as the last expres- sion of the legislative will." (Op., XV, p. 74. Quotes Farmers' Bank v. Hale, 59 N. Y., 53.) A general repealing clause, such as is often introduced at the close of enactments, may make the legislative intent clearer, but it is not necessary to give effect to the legislation otherwise expressed. (C. C., XX, 323. Fisher's case.) A later statute, in the affirmative and general, does not take away a former act which is particular and special. Sundry cases cited. (Op., VI, p. 45, Cushing.> An earlier law is- never to be taken as repealed by a later, without words to that effect, unless they be so inconsistent that both cannot stand together. (Op., IX, p. 48, Black.) The earlier is never abrogated by the later unless the two are so flatly repugnant that they can not possibly stand together. Any reasonable inter- pretation is to be adopted which may be necessary to prevent one from interfering with the other. (Idem, p. 122.) No statute, however positive in terms, is to be construed as designed to interfere with existing rights of action or vested rights unless the intention that it should so operate is expressly declared or necessarily implied. (C. C., IX, p. 106, S. (.".. \Val- lace, XX, p. 179.) A statute may not be repealed, yet its subject-matter may expire and the act become inoperative. (C. C., Ill, 152, Wallace, 62. ) In all statute law, the particular provision, especially whenever subsequent, restrains and modifies the general. (Op., IV, p. 182.) In construing statutes aid may be derived from attention to the state of things as it appeared to the legislature when the statute was enacted. (S. C., Otto, 99, p. 48.) The principle is well settled that statutes are to be construed as operative pros- pectively only, unless their language clearly and imperatively demands that retro- spective effect shall be given them. (Op., XV, pp. 222, 259.) A retroactive effect, especially when it would be a violation of contracts, is not to be given to the words of a statute unless they are too express to admit of any other interpretation. (Op., IV, p. 141.) No effect can be given by the judiciary to an act of Congress which seeks to declare retrospectively the legal effect to be given to other statutes. (C. C., VII, 109 Wal- lace, VIII, 330.) Every law is presumed to be prospective in its operation unless the contrary clearly appears. (Op., XV, 183.) REVISED STATUTES AND STATUTES AT LARGE. 267 printed and issued under the direction of the Secretary of State, are " legal evidence of the laws and treaties therein contained, in all the courts of the United States and of the several States therein." The sixth section of the act of Congress approved June 20, 1874, provides for the distribution to the Navy Department, including those for the use of the officers of the Navy, of one hundred copies of the pamphlet edition of the acts and resolves of Congress at the close of each session; and the seventh section of the same act provides for distribution of the bound copies of the Statutes at Large for each Congress as follows: "To the Navy Department, including a copy for the library at the Naval Academy at Annapolis, a copy for the library of each navy-yard in the United States, a copy for the library of the Brooklyn Naval Lyceum, and a copy for the library of the Naval Insti- tute at Chaiiestown, Mass., sixty-five copies." * Joint Resolution No. 22, approved May 22, 1878, v. 20, p. 251, provided for the distribution of the second edition of the Revised Statutes recently printed : To the "Navy Department, including three copies for the library of the Naval Academy at Annapolis, a copy for the library of each navy-yard in the United States, a copy for the Brook- lyn Naval Lyceum, and a copy for the library of the Naval Institute at Charlestown, Mass., seventy copies." Joint Resolution No. 44, approved June 7, 1880, v. 21, p. 308, provides for the publication, sale, and distribution of a "supplement to the Revised Statutes." This supplement is " to be taken to be prima facie evidence of the laws therein contained in all the courts of the United States and of the several States and Territories therein ; but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress: Provided, That nothing herein contained shall be construed to change or alter any existing law." The acts approved March 2, 1877, chap. 82, s. 4, v. 19, p. 268, and March 9, 1878, chap. 26, v. 20, p. 27, provide that after the second edi- tion of the Revised Statutes is certified to under the seal of the Secre- tary of State and when printed and promulgated "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 pre- clude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of Decem- ber, eighteen hundred and seventy-three,"] 268 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. DIVISION IV. MISCELLANEOUS. BRIBES, CONTRIBUTIONS, PRESENTS, ETC. Sec. 1546. Contributions for political pur- poses. 1781. Prohibition on taking, etc., by Gov- Sec. , r >4 ( .is. Interest in claims, etc. 5500. Member of Congress accepting bribe, etc. eminent officers. 5501. United States officer accepting 1782. Taking compensation in matters j bribe, etc. to which the United States is a 5502. Forfeiture of office. party. 1784. Presents to superiors. 5450. Bribery of member of Congress. 5451. Bribery of Government officers. Act Aug. 15, 1876, and Act Jan. Ifi, 1883. Soliciting and receiving contribu- tions for political purposes. Presents from foreign governments Title is, chap.e. SEC. 1546. No officer or employe" of the Government shall contributions require or request any workinginan in any navy-yard to ^oses 011116 * 1 pur 'contribute or pay any money for political purposes, nor 1>0 Mar. 2, 1867, s. shall any workingman be removed or discharged for politi- 3 ' see'auts 4 Aug. cal opinion ; and any officer or employe" of the Government i5j876,an P ' or fr m an y officer of the United States, for any person 'see note i. whatever, or forgiving any such contract, office or place to any person whomsoever, and every person who. directly or indirectly, oifers or agrees to give, or gives, or bestows any money, property, or other valuable consideration what- ever, for the procuring or aiding to procure any such con- tract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration what- ever after his election as such member, for his attention to, services, action, vote, or decision on any question, mat- ter, cause, or proceeding which may then be pending, or may by law or under the Constitution be brought before him in his official capacity, or in his place as such member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, he declared absolutely null and void ; and any member of Congress or officer convicted of a violation of this section, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Note 1. Sections 1781 and 1782 make it illegal for an officer of the Unit >d States to have that sort of connection with a Government contract wliicli an agent, attor- ney, or solicitor assumes when he procures or aids to procure such contract for another, and when he prosecutes for another against the Government any claim founded upon a Government contract. They forbid also, the receiving by officer*, for such services, any compensation, including that of an interest in the 'contract. (Op., XIV, 483, Oct. 29, 1874, Williams.) BRIBES, CONTRIBUTIONS, PRESENTS, ETC. 269 SEC, 1782. No Sen ator. Representative, or Delegate, after u P on taking ,-.. ,.' r ,. fvi j t i compensation in his election and during his continuance in otnce, and no bead matters t<> which of a Department, or other officer or clerk in the employ cijjjjj!* 8tote- i8 the Government, shall receive or agree to receive any com- j'une'ii, i864, pensation whatever, directly or indirectly, for any services rendered, or to be rendered, to any person, either by him- 3^42, contracts self or another, in relation to any proceeding, contract, claim l ' controversy, 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. Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years, and lined not more than ten thousand dollars, and shall, moreover, by convic- tion therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Gov- ernment of the United States. SEC. 1784. No officer, clerk, or employe in the United States Government employ shall at any time solicit con- presents etc. to tributious from other officers, clerks, or employes in the 8ll J^ i( i rs i 870 v Government service for a gift or present to those in a supe- le.p.tia.' rior 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 j 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 discharged from the Government employ. SEC. 5-150. Every person who promises, offers, gives, or Title 70, chap. 6. causes or procures to be promised, offered or given, any Bribery of money or other thing of value, or makes or tenders any member of con- contract, undertaking, obligation, gratuity, or security for gr reb. 26,1353,8. the payment of money, or for the delivery or convey an ce c ' v<10 'P <17L of anything of value, to any member of either House of Congress, either before or after such member has been qualified or has taken his seat, with intent to influence his vote or decision on any question, matter, cause, or proceed- ing which may be at any time pending in either House of Congress, or before any committee thereof, 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 shall be, moreover, imprisoned not more than three years. SEC. 5151. Every person who promises, offers, or gives, Bribery of any or causes or procures to be promised, offered, or given, any ^erl states money or other thing of value, or makes or tenders any con- July 13, ISGG, 8 . tract, undertaking, obligation, gratuity, or security for the J payment of money, or for the delivery or conveyance o^f'^ef anything of value, to any officer of the United States, or p '.74o.' to any person acting for or on behalf of the United States in any official function, under or by authority of any depart- ment or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Con- 270 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. gress, 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 commit- ting, or to collude in, or allow, any fraud, or make opportu- nity 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 punished as prescribed in the pre- ceding section. Title 70, chap. 6. SEC. 5498. Every officer of the United States, or person officers, etc., in- holding any place of trust or profit, or discharging any claims 8 * d in ^ G ^ function under, or in connection with, any E xecutive C Feb 8 '26, 1853, s. Department of the Government of the United States, or 2, v. 10, p. 170. un( ier the Senate or House of Representatives of the United States, who acts as an agent or attorney 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, aids or assists in the prosecution or support of any such claim, or receives 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 considera- tion of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dol- lars, or suffer imprisonment not more than one year, or both. Member of SEC. 5500. Any member of either House of Congress who hTffbribe, etc ept " asks, accepts, or receives any money, or any promise, con- e f e io ^rn 53 ' 8 * tract, undertaking, obligation, gratuity, or security for the 1 see sec'. 5450. payment of money, or for the delivery or conveyance of anything of value, either before or after he has been quali- fied or has taken his seat as such member, with intent to have his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either house, or before any committee thereof, influenced thereby, shall be punished by a fine not more than three times the amount asked, accepted, or received, and by imprisonment not more than three years. united states SEC. 5501. Every officer of the United States, and every bribey e tc c . cep IS person acting for or on behalf of the United States, in any 62 J " ly i4 3 ' J 86 ?68- official capacity under or by virtue of the authority of any July' is,' 1866, s! department or office of the Government thereof; and every Mar^ise?', 8. 8 6, ; officer or person acting for or on behalf of either House of v.i 2, p. 740.' ' Congress, or of any committee of either House, or of both under claims. ' Houses thereof, wlio asks, accepts, or receives any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment 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 pro- ceeding which may, at any time, be pending, or which may be by law brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be punished as prescribed in the preceding section. Forfeiture of SEC. 5502. Every member, officer, or person, convicted under the provisions of the two preceding sections, who BRIBES, CONTRIBUTIONS, PRESENTS, ETC. 271 holds any place of profit or trust, shall forfeit his office or 6 Feb. 20 .isss, s. place; and shall thereafter be forever disqualified from ' holding any office of honor, trust, or profit under the United States. That all executive officers or employees of the United Aug. is, 1876. States not appointed by the President, with the advice and contributions consent of the Senate, are prohibited from requesting, giv- JjJJ^jJjJJ 1 ing to, or receiving from, any other officer or employee of Aug. 35, ISTU, the Government, any money or property or other thing of jJifJJ 1 8> 6> v> 19 ' value for political purposes; and any such officer or employee who shall offend against the provisions of this section shall be at once discharged from the service of the United States; and he shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars. N o Senator, or Eepreseutative, or Territorial Delegate of Jan. i6,i883. the Congress, or Senator, Bepresentative, or Delegate elect, " Assessment, or any officer or employee of either of said houses, and no l^^lf'f^f. executive, judicial, military, or naval officer of the United den. States, and no clerk or employee of any department, branch, Ch j 2 a 7^ 8 . n,'? 8 !! or bureau of the executive, judicial, or military or navalL.,'p.ko6. ' service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in solicit- ing or receiving, any assessment, subscription, or contribu- tion 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. No person shall, in any room or building occupied in the ibid., s. 12. discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy- yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever. No officer or employee of the United States mentioned ibid., s. 13. in this act shall discharge, or promote, or degrade, or in 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 con- tribution of money or other valuable thing for any political purpose. No officer, clerk, or other person in the service of the ibid.,s.H. 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 the House of representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. Any person who shall be guilty of violating any provi- ibid., s. 15. sion of the four foregoing sections shall be deemed guilty fo nts from jvern- of a misdemeanor, and shall, on conviction thereof, be ments. see arti- puiiished by a fine not exceeding five thousand dollars, orernml nt tb of s the by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court, i7 Sc mtDipio e matic Officers. 272 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. BOUNTY, ETC. Sec. ! Se*. 4635. Bounty for destruction of vessels. 4723. Bounty to colored soldiers. 4642. Distribution of bounty, etc. 4643. Assignments of prize money and bounty. Bounty to sailors and marines. Act July 4, 1864. Bounty for enlist- ing. Title 5*. SEC. 4635. A bounty shall be paid by the United States Bounty for "per- for each person oil board any ship or vessel of war belong- sons on boardi n g to au enemy at the commencement of an engagement. vessels sunk or , & . . . t j.i i destroyed. which is sunk or otherwise destroyed in such engagement s f^vtislp.sio?' ky any ship or vessel belonging to the United States or AS to 'bounty which it may be necessary to destroy iu consequence of vcssefs^ugagcd injures sustained in action, of one hundred dollars, if the in tbesiayo trade enemy's vessel was of inferior force, and of two hundred with Aincanson -. -.-. */?,- i f i j i i board, see under dollars, if ot equal or superior force, to be divided among S1 See \nQ\' tue on ^ cers ail( l crew in the same manner as prize-money; and when the actual number of men on board any such ves- sel cannot be satisfactorily ascertained, it shall be estimated according to the complement allowed to vessels of its class in the Navy of the United States; and there shall be paid as bounty to the captors of any vessel of war captured from an enemy, which they may be instructed to destroy, or which is immediately destroyed for the public interest, but not in consequence of injuries received in action, fifty dollars for every person who shall be on board at the time of such capture. Note 1. The term "allowances," when employed in a general sense, has been regarded as including bounty. Thus, see XIII, top., 197, where it is held that the general forfeiture of pay and allowances duo at the date of o flense, imposed upon deserters by paragraph 1358, Army Regulations, embraced instalments of bounty due at the time of the desertion ; also United States v. Landers, 2 Otto, 77, where the court goes so far as to hold that a forfeiture of "pay and allowances" imposed by sentence, includes bounty. (Winthrop's Digest, p. 132.) Service rendered since the 3d of March, 1855, including the late rebellion, does not entitle to bounty lands. Only one warrant for one hundred and sixty acres can issue to a soldier for any and all service. Where service has been rendered by a substitute, he is the person entitled to bounty land, and not his employer. Applications for bounty-land warrants must be made to the Commissioner of Pen- sions; correspondence in relation to bounty in money should bo addressed to the Second Auditor of the Treasury. (Pension Office Decisions.) Officers and privates dismissed the service without trial, and remanded to the serv- ice, by the President, but who, not receiving the order of the President, did not return to the service, are, notwithstanding, entitled to bounty land. (Pension Olti re Decisions.) Where any portion of the Marine Corps in tlio several wars referred to in the act of September 28, 1850, was embodied with the Army in the field and performed serv- ice as apart of the Army, it is entitled to bounty land. (Idem.) The word "service" in bounty-land acts refers to that of tho soldier, not of his company. Claim'of a soldier can bo valid only on pno of tho following conditions : 1 . Must have been regularly mustered into the United States service. 2. That tho Her v in s were paid for by the United States. 3. That ho served with the armed forces of the United States, subject to the military orders of a United States officer. (Idem.) The entire portion of the Marine Corps, whether they served on shipboard or land on the Mexican coast or in the interior, in the Mexican war, are to be considered within the true meaning of tho resolution of the 10th of August, 1848, as having "served with tho Army in tho war with Mexico," and entitled to the bounty l;ind and other remuneration which that resolution provides. I'.ut in awarding it to such as received prize money, such money should, in the account, be carried to the credit of the Government. (Op., 5, p. 155, Sept. 17, 1849, Johnson. ) Under the act of March 3, 1855, and sections 2425 to 2429, 11. S., members of the Marine Corps and their representatives would bo entitled to bounty laud without relinquishing or returning prize money, etc. (Pension Office Decisions.) Not entitled to bounty land for service in a United States ship not engaged in tlio Mexican war; nor for service during the war in a war vessel on the coast of Africa. (Idem.) Pardon by tlio President for participation in the late rebellion does not authorize the allowance of bounty land, the right to which is tho subject of a eluini against the Government and is governed by the provisions of the joint resolution of March 2, 1867. (Pension Oflico Decisions.') DISTRIBUTION OF BOUNTY AND PRIZE MONEY. 273 Sec. 4642. All ransom money, salvage, bounty, or pro- bo ^ 8 t tri ^ l c tionof ceeds of condemned property accruing or awarded to any vessel of the Navy shall be distributed and paid to the officers and men entitled thereto, in the same manner as prize money, under the direction of the Secretary of the Navy. Sec. 4643. Every assignment of prize or bounty money Assignments of due to enlisted persons in the naval service, and all powers Cnty noney and of attorney or other authority, to draw, receipt for, or trans- ^(Bg B. sos^of fer the same shall be void unless the same be attested by tyto soiiiiers^Ts the captain or other commanding officer, and the paymaster. SP^appropSa- tion.] SEC. 4723. All colored persons who enlisted in the Army Title 57. during the war of the rebellion, and who are now prohib- colored soi- ited from receiving bounty and pension on account of being S 1 ^^ 1164 aa borne on the rolls of their regiments as a slaves," shall be icar.8ii8re.eh. placed on the same footing, as to bounty and pension, as ^J'^fxv^ * p . though they had not been slaves at the date of their enlist- 474. rnent. That persons hereafter enlisted into the naval service or July i, ise*. marine corps during the present war shall be entitled to s . 4, v. is, p. 342. receive the same bounty as if enlisted in the Army * * * Every volunteer who is accepted and mustered into the juiy *, ise*. service for a term of one year, unless sooner discharged, Bounty for en- shall receive, and be paid by the United States, a bounty listing. of one hundred dollars; and if for a term of two years, siiote'?; unless sooner discharged, a bounty of two hundred dollars ; Notel. The foregoing act repeals the joint resolution of Fehruary 24, 1864, con- ferring on seamen and ordinary seamen a bounty equal to three months pay on their enlisting in tho Navy. Note 2. April 22, 1872, chap. 114, v. 17, p. 55, authorizes $100 bounty to all volunteers who enlisted prior to July 22, 1861, for three years, and were mustered into service before August 6, 1861, if they were honorably discharged and had not received the same for such service. Two and three years' men who enlisted between April 12, 1861, and December 24, 1803, or between April 1, 1864, and July 18, 1864, are entitled to $100 bounty under act of July 22, 1861, chap. 9, v. 12, p. 270, provided they served two years or more as enlisted men, or were honorably discharged as such on account of wounds received in line of duty before two years' service. If discharged before serving two years, and died before July 28, 1866, of disease contracted in the service, his heirs are en- titled to the additional bounty under act of July 28, 1866, chap. 296, v. 14, p. 322. If a soldier died in the service, his heirs became entitled to any bounty to which the soldier would have been entitled under his contract. The act of July 28, 1866, gave an additional bounty of $100 to men who enlisted and served for three years from April 19, 1861, and $50 to thnse Avho enlisted and served for two years from April 14, 1861. Not given to any one if the soldier was enti- tled to receive, at any time, a greater bounty than $100 under any other act or acts. Draftednien, enrolled from March 3, 1863, to Septembers, 1864, forthreeyears, or men who, from March 3, 1863, to September 5, 1864, enlisted for three years as substitutes for drafted men, are only entitled by act of March 3, 1863, to $100 bounty, if they served two years or more, or were discharged by reason of wounds received in line of duty before two years' service. Neither they nor their heirs are entitled to addi- tional bounty under act of July 28, 1866. Under the act of July 4, 1864, v. 13, p. 379, if discharged "because of wounds received in the line of duty," the volunteer became entitled to the full amount of bounty therein provided ; but if discharged "because of services no longer required," or by " close of war," ho has no claim for balance of bounty. All soldiers discharged by reason of wounds received in "battle, or in line of duty, are entitled by acts ot March 3, 1863, March 3, 1865, and joint resolution of April 12, 1866, to receive the same bounty they would have received had they served their full term of enlistment. The word wound is held to mean injury from violence received in line of duty. Bounty depends upon being discharged by reason of the wound. No bounty is paid for enlistments made before April 12, 1861, nor for 100 days, or three, six, and nine months' men; nor for one year's men enlisting prior to July 18, 1864; nor to volunteers who enlisted after April 30, 1865. (From circular of Second Auditor, March 3, 1880.) The same bounties (as to the duration of enlistment, amounts and modes of pay- ment) are to be paid to "persons " of all grades who have, since the 1st of July, 1864, 376 - 18 274 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. and if for a term of three years, unless sooner discharged, a bounty of three hundred dollars; one-third of which bounty shall be paid to the soldier at the time of his being mustered into the service, one-third at the expiration of one-half of his term of service, and one-third at the expira- tion of his term of service. And in case of his death while in service, the residue of his bounty unpaid shall be paid to his widow, if he shall Lave left a widow; if not, to his children, or if there be none, to his mother, if she be a widow. ####*## [An act, approved March 3, 1865, chap. 124, s. 5, v. 13, p. 539, pro- vides that no person appointed or rated au officer or clerk in the Navy, shall receive aiiy bounty while holding such appointment.] COAST SURVEY. Sec. i Sec. 4683. Mode of conducting surveys. 4687. Mazmerof employment pf officers of 4684. Employment of officers of Army and Army and Navy. Navy. 4688. Allowance for subsistence. 4685. Power to use books, etc., and to em- ! - Naval officers attached to Coast ploy persons. Survey, etc. 4686. Power to employ vessels. 76. Disposal of charts. Title 56. SEC. 4683. All appropriations made for the work of sur- Mode of con- veying the coast of the United States shall be expended in dl Sr g 3 t ws*8' accordance with the plan of reorganizing the mode of exe- 1, \. 5, p! 640.' cuting the survey which has been submitted to the Presi- dent by a board of officers organized under the act of March three, eighteen hundred and forty-three, chapter one hundred. Employment of SEC. 4684. The President shall carry into effect the plan aSi Navy. Army of the board, as agreed upon by a majority of its members ; JWrt- and shall cause to be employed as many officers of the ^IA p., p. ^ rm y au( | N a yy o f the United States as will be compatible with the successful prosecution of the work ; the officers of the Navy to be employed on the hydrographical parts, and the officers of the Army on the topographical parts of the work; and no officer of the Army or Navy shall receive any extra pay out of any appropriations for surveys. Power to use SEC. 4685. The President is authorized, in executing the toempk>y M per* provisions of this Title, to use all maps, charts, books, instru- sons. ments, and apparatus belonging to the United States, and 2, v.'^fp 1 57L 3 "' *' to direct where the same shall be deposited, and to employ all persons in the laud or naval service of the United States, enlisted, or who may thereafter enlist, into the Navy or Marine Corpsof the I'niied States. Enlisted men advanced after enlistment to any higher grade or rating do not thereby forfeit their right to any future instalment of bounty. (Fourth Auditor, llules 1864.) Whore a soldier was enlisted in the Army as a volunteer in December, l.-'til, for three years, but afterward, and before tbe expiration of his term of enlistment, was voluntarily transferred to the naval service, in which he served out the remainder of his term: Held, That he i.s not entitled to the additional bonnlv provided l>v the act of July 28, 1866, chap. 296. (Op., XIV, 223, April 23, 1873, Williams.) Where a soldier deserted, subsequently surrendered himself, was restored to duty, and finally "honorably discharged," the fact of the mark of desertion standing against him is no impediment to his receiving bounty ( Kelly's case. Supreme Ci.urt, lf> Wallace, p. 34.) See sec. 2, act of August 14, 1888, title, "Deserters aud desertion," Division 1. COAST SURVEYS COLLISIONS, ETC. 275 and such astronomers and other persons, as he shall deem proper. SEC. 4686. The President is authorized, for any of the Power to em- purposes of surveying the coast of the United States, to pl S5jSaSw, 8 . cause to be employed such of the public vessels in actual3,v.2,p.4i4 ; Apr.' service as he deems it expedient to employ, and to give p^as! 8 ' 8t *' v ' 3 ' such instructions for regulating their conduct as he deems proper, according to the tenor of this Title. SEC. 4687. Officers of the Army and Navy shall, as far as practicable, be employed in the work of surveying the coast of the United States, whenever and in the manner ^J^^ 1844 required by the Department having charge thereof. i,v. 5?pp. esi, ew*. SEC. 4688. The Secretary of the Treasury may make such f^J^I; for allowances to the officers and men of the Army and Navy, 8U june i2, c i858, a. while employed on Coast Survey service, for subsistence, ^ Q v - n PP- 319 - in addition to their compensation, as he may deem neces- See note to this sary, not exceeding the sum authorized by the Treasury j regulation of the eleventh day of May, eighteen hundred ic and forty-four. Nor shall there hereafter be made any allowance for sub- Aug. so, isoo. sistence to officers of the Navy attached to the Coast and ~N^ va i officers Geodetic Survey, except that when officers are detached g^J. 1 11 to do work away from their vessels under circumstances -mJoior involving them in extra expenditures, the Superintendent 011 ^ bec 4G88 . may allow to any such officer subsistence at a rate not 20 stat. L'.', 371,' exceeding one dollar per day for the period actually covered par- 2 * by such duty away from such vessel. SEC. 76. The charts published by the Coast and Geodetic ch ^f 8 8t Surve y Survey shall be sold at cost of paper and printing as nearly c j^s.', aec.469i, as practicable; and there shall be no free distribution of v 9 ,J ( such charts except to the Departments and officers of the isis?' United States requiring them for public use; and a number of copies of each sheet, not to exceed three hundred, to be presented to such foreign governments, libraries, and scientific associations, and institutions of learning as the Secretary of the Treasury may direct; but on the order of Senators, Representatives, and Delegates not to exceed ten copies to each may be distributed through the Super- intendent of the Coast and Geodetic Survey. COLLISIONS RULES OF THE SEA. Arts. 1-15. Lights Rules concerning. I Rules 16-25. Steering and sailing rules. Art. 16. Speed of ships. Ft-h. 8, 18D5. Regulation of Navigation Arts. 17-27. Steering and sailing rules. Arts. 28-30. Sound signals. Art. 31. Distress signals. Sept. 4, 1890. Collisions at sea. Feb. 19, 1895. Regulations to prevent <<>!- on the Great Lakes. Rule 1. Steam and sail vessels. Ruli'.s 2-13. Lights. Rules 14-15. Fog signals. _ _ Unit's 16-28. Steering and sailing rules, lisions upon inland waters. Rulo 28. Sec. 2. Fine. Note 1. Lines dividing the high seas from Sec. 3. Authority to make regu- rivers. lations.' Rule 1 . Steam and sail vessels. Ruli-s 2-14. Light*. Rule 15. Fog signals. Sec. 4. Repeal of inconsistent rules. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following regulations for preventing collisions at sea shall be followed by all public and private vessels of the 276 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. United States upon the high seas and in all icaters connected therewith, navigable by sea-going vessels. Preliminary. In the following rules every steam-vessel which is under sail and not under steam is to be considered a sailing-vessel, and every vessel under steam, whether under sail or not, is to be considered a steam-vessel. The icord u steam-vessel" shall include any vessel propelled by machinery. A vessel is "under way" within the meaning of these rules ichen she is not at anchor, or made fast to the shore, or aground. Aug. 19, 1890, RULES CONCERNING LIGHTS, AND SO FORTH, regulations for preventing colli- sions at "* u The word " visible" in these rules when applied to lights aSs n of May 2s, shall mean visible on a dark night with a clear atmosphere. June lo/iiSe! ARTICLE 1. The rules concerning lights shall be complied eui w ^ 1 * Q a ^ wea ^ ners from sunset to sunrise, and during such the iTnitedtfme no other lights which may be mistaken for the prescribed SfcSS^SS U ht * shal1 be wMWto* Material ART. 2. A steam-vessel when under way shall carry (a) for g acts f indT On or in front of the foremast, or if a vessel without afore- cated by italics, mast, then in the fore part of the vessel, at a height above 2 . s& ld the hull of not less than twenty feet, and if the breadth of the vessel exceeds twenty feet, then at a height above the hull not less than such breadth, so, however, that the light need not be carried at a greater height above the hull than forty feet, a bright white light, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such a character as to be visible at a distance of at least five miles. (b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten Note 1. The attention of all persons concerned is invited to the changes in the rules relating to lights, steering and sailing, etc., embodied in the act, as amended, to adopt regulations for preventing collisions at sea, approved August 19, 1890, and proclaimed by the President, to take effect July 1, 1897. On and after July 1, 1897, these rules are to be followed by all public and private vessels of the United States upon the high seas and in all waters connected there- with navigable by seagoing vessels, except upon harbors, rivers, and inland Avatrrs, aiul.upon the Great Lakes and their tributary waters as far east as Montreal. Material changes from former acts are indicated by italics. Amendments to the act are shown by a statement of the date of the passage of the amendment. Article 9 of the act, relating to fishing vessels, was repealed May 28, 1894, and Con- gress by an act approved August 13, 1894, reenaoted article 10 of the International Regulations of 1885, now in force, so far as said article relates to lights for fishing vessels. It is inserted, therefore, as reeuacted, in place of article 9, repealed, of the act of August 19, 1890. The laws to prevent collisions upon the harbors, rivers, and inland waters of the United States and those relating to the Great Lakes follow. Note 2. Regulations for preventing collisions at sea were adopted by act of 1885, March 3, ch. 354 (33 Stat. L., 438), modifying R. S., sec. 4233. By act of 1890, Aug. 19, ch. 802 (1 Supp. R. S., 781), new regulations were substituted These are amended by the above act of 1894. When act takes By sec. 3 of the act of 1890 (1 Supp. R. S., 789), the act was not to take effect until effect. a time to be fixed by proclamation of the President. The proclamation of the Presi- dent was issued on July 13, 1894 (28 Stat. L., p. 1250), fixing the first day of March, 1895, as the day on which the act of 1890, as amended by the above act or 1894, is to take effect. But by 1895, Feb. 23, ch. 127, and proclamation issued in accordance therewith, the taking effect of the act of 1890 it postponed to a date to be hereafter fixed by the President. (See, as to lights on fishing vessels, 1894, Aug. 13, ch. 284, and note.) RULES CONCERNING LIGHTS, ETC. 277 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles. (c) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. (d) The said green and red side-lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. (e) A steam-vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a). These two lights shall be so placed in line with the keel that one shall be at least fifteen feet higher than the other, and, in such a 2wsition with reference to each other that the lower light shall be forward of the upper one. The vertical distance between these lights shall be less than the hori- zontal distance. ART. 3. A steam-vessel when towing another vessel shall, in addition to her side-lights, carry two bright white lights in a vertical line one over the other, not less than six feet . apart, and when towing more than one vessel shall carry an additional bright white light six feet above or below such light, if the length of the tow measuring from the stern of the towing vessel to the stern of the last vessel towed exceeds six hundred feet. Each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light mentioned in article two (a), excepting the additional light, which may be carried at a height of not less than fourteen feet above the hull. Such steam-vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. ART. 4. (a) A vessel which from any accident is not under command shall carry at the same height as a white light mentioned in article two (a), icliere they can best be seen, and if a steam-vessel in lieu of that light, two red lights, in a ver- tical line one over the other, not less than six feet apart, and of such a character as to be visible all around the hori- zon at a distance of at least two miles; and shall by day carry in a vertical line one over the other, not less than six feet apart, wliere they can best be seen, two black balls or shapes, each two feet in diameter. (b) A vessel employed in laying or in picking up a tele- graph cable shall carry in the same position as the white light mentioned in article two (a), and if a steam-vessel in lieu of that light, three lights in a vertical line one over the other not less than six feet apart. The highest and lowest of these lights shall be red, and the middle light shall be white, and they shall be of such a character as to be visible all around the horizon, at a distance of at least two miles. 278 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. By day she shall carry in a vertical Hue, one over the other, not less than six feet apart, where they can best be seen, three shapes not less than two feet in diameter, of which the highest and lowest shall be globular in shape and red in color, and the middle one diamond in shape and white. (c) The vessels referred to in this article, when not making way through the water, shall not carry the side-lights, but when making way shall carry them. (d) The lights and shapes required to be shown by this article are to be taken by other vessels as signals that the vessel showing them is not under command and can not therefore get out of the way. These signals arc not signals of vessels in distress and re- quiring assistance. Such signals are contained in article thirty-one. ART. 5. A sailing vessel under way and any vessel being towed shall carry the same lights as are prescribed by arti- cle two for a steam-vessel under way, with the exception of the white lights mentioned therein, which they shall never carry. ART. 0. Whenever, as in the case of small vessels under way during bad weather, the green and red side-lights can not be fixed, these lights shall be kept at hand, lighted and ready for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most vis- ible, and so that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these portable lights more certain and easy the lanterns containing them shall each be painted out- side with the color of the light they respectively contain, and shall be provided with proper screens. Substitute for ART. 7. Steam-vessels of less than forty, and vessels under Supp. i?. g s., 782. oars or sails of less than twenty tons gross tonnage, re- TGij^urlmc^- 8 P ec ^ ve ^y^ an d rowing boats, when under way, shall not be tain lights. required to carry the lights mentioned in article two (a), (b), and (c), but if they do not carry them they shall be provided with the following lights: ves?" steam "First. Steam-vessel* of less than forty tons shall carry u (a) In the fore part of the vessel, or on or in front of the funnel, where it can best be seen, and at a height above the gnnirale of not less than nine feet, a bright white light con- structed and fixed as prescribed in article two (a-), and of such a character as to be visible at a distance of at least two 'miles. " (b) Green and red side-lig]its constructed and fixed as }>re- scribed in article tivo (b) and (c), and of such a character as to be visible at a distance of at least one mile, or a combined lan- tern showing a green light and a red light from right ahead to tic o points abaft the beam on their respective sides. Such lanterns shall be carried not less than three feet below the white light, Small steam- u Second. Small steamboats, such as are carried by seagoing vessels,may carry the white light at a less height than nine feet RULES CONCERNING LIGHTS, ETC. 279 above the gunwale, but it shall be carried above the combined lantern mentioned in subdivision one (b). u Third Vessels under oars or sails of less than twenty tons shall have ready at hand a lantern with a green glass on one side and a red glass on the other, which, on the ap- proach of or to other vessels, shall be exhibited in suffi- cient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the star- board side. "Fourth. Rowing boats, 'whether under oars or sail, shall hare ready at hand a lantern showing a white light which shall be temporarily exhibited in sufficient time to prevent collision. " The vessels referred to in this article shall not be obliged 1<> carry the lights prescribed by article four (a) and article elercn, last paragraph." [Act of May 28, 1894.] ART. 8. Pilot- vessels when engaged on their station on pilotage duty shall not show the lights required for other vessels, but shall carry a white light at the masthead, visi- ble all around the horizon, and shall also exhibit a flare- up light or flare-up lights at short intervals, which shall never exceed fifteen minutes. On the near approach of or to other vessels they shall have their side-lights lighted, ready for me, and shall fash or show them at short intervals, to indicate the direction in which they are heading, but the green light shall not be shown on the port side, nor the red light on the starboard side. A pilot-vessel of such a class as to be obliged to go alongside of a vessel to put a pilot on board may shore the white light instead of carrying it at the masthead, and may, instead of the colored lights above mentioned, have at hand, ready for use, a lantern with a green glass on the one side and a red, glass on the other, to be used as prescribed above. Pilot-vessels when not engaged on their station on pilot- age duty shall carry lights similar to those of other vessels of their tonnage. ART. 9. ( Article nine, act of August 19, 1890, was repealed by act of May 28, 1894, and article 10, act of March 3, 1885, was reenacted in part as follows, by act of August 13, 18U4, and is reproduced here as article 9:) Fishing-vessels of less than twenty tons net registered tonnage, when under way and when not having their nets, trawls, dredges, or lines in the water, shall not be obliged to carry the colored side-lights; but every such vessel shall in lieu thereof have ready at hand a lantern with a green glass on the one side and a red glass on the other side, and on approaching to or being approached by another vessel such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side. The following portion of this article applies only to fishing- 280 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. vessels and boats when in the sea off the coast of Europe lying north of Cape Finisterre: (a) All fishing- vessels and fishing-boats of twenty tons net registered tonnage or upward, when under way and when not having their nets, trawls, dredges, or lines in the water, shall carry and show the same lights as other ves- sels under way. (b) All vessels when engaged in fishing with drift-nets shall exhibit two white lights from any part of the vessel where they can be best seen. Such lights shall be placed so that the vertical distance between them shall be not less than six feet and not more than ten feet, and so that the horizontal distance between them, measured in a line with the keel of the vessel, shall be not less than five feet and not more than ten feet. The lower of these two lights shall be the more forward, and both of them shall be of such a character and contained in lanterns of such construction as to show all round the horizon, on a dark night, with a clear atmosphere, for a distance of not less than three miles. (c) All vessels when trawling, dredging, or fishing with any kind of drag-nets shall exhibit, from some part of the vessel where they can be best seen, two lights. One of these lights shall be red and the other shall be white. The red light shall be above the white light, and shall be at a vertical distance from it of not less than six feet and not more than twelve feet; and the horizontal distance between them, if any, shall not be more than ten feet. These two lights shall be of such a character and contained in lanterns of such construction as to be visible all round the horizon, on a dark night, with a clear atmosphere, the white light to a distance oi not less than three miles and the red light of not less than two miles. (d) A vessel employed in line-fishing, with her lines out, shall carry the same lights as a vessel when engaged in fishing with drift-nets. (e) If a vessel, when fishing with a trawl, dredge, or any kind of drag net, becomes stationary in consequence of her gear getting fast to a rock or other obstruction, she shall show the light and make the fog signal for a vessel at anchor. (/) Fishing-vessels may at any time use a flare-up in addition to the lights which they are by this article required to carry and show. All flare-up lights exhibted by a vessel when trawling, dredging, or fishing with any kind of drag- net shall be shown at the after-part of the vessel, excepting that if the vessel is hanging by the stern to her trawl, dredge, or drag-net they shall be exhibited from the bow. (#) Every fishing- vessel when at anchor between sunset and sunrise shall exhibit a white light, visible all round the horizon at a distance of at least one mile. (h) In a fog a drift-net vessel attached to her nets, and a vessel when trawling, dredging, or fishing with any kind of drag-net, and a vessel employed in line-fishing with her lines out, shall, at intervals of not more than two minutes, make a blast with her fog-horn and ring her bell alternately. [Art, 10, Act March 3, 1885.] RULES CONCERNING LIGHTS, ETC. 281 ART. 10. A vessel which is being overtaken by another shall show from her stern to such last-mentioned ressel a white light or a flare-up light. The white light required to be shown by this article may be fixed and carried in a lantern, but in such case the lantern shall be so constructed, fitted, and screened that it shall throw an unbroken light over an arc of the horizon of twelve points of the compass, namely, for six points from right aft on each side of the vessel, so as to be visible at a distance of at least one mile. Such Ught shall be carried as nearly as practicable on the same level as the side lights. ART. 11. A vessel under one hundred and fifty feet in length, when at anchor, shall carry forivard, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile. A vessel of one hundred and fifty feet or upwards in length, when at anchor, shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet above the hull, one such light, and at or near the stern of the vessel, and at such a height that it shall be not less than fifteen feet lower than the forward light, another such light. The length of a vessel shall be deemed to be the length ap- pearing in her certificate of registry. A vessel aground in or near a fair-way shall carry the above light or lights and the two red lights prescribed by article four (a). ART. 12. Every vessel may, if necessary in order to attract attention, in addition to the lights which she is by these rules required to carry, slioic a flare-up light or use any detonating signal that can not be mistaken for a distress signal. ART. 13. Nothing in these rules shall interfere with the operation of any special rules made by the Government of any nation with respect to additional station and signal lights for two or more ships of war or for vessels sailing under convoy, or with the exhibition of recognition signals adopted by ship-oicners, which have been authorized by their respective Governments and duly registered and published. ART. 14. A steam-vessel proceeding under sail only but hailing her funnel up, shall carry in day-time, forward, wliere it can best be seen, one black ball or shape two feet in diameter. ART. 15. All signal* prescribed by this article for vessels under way shall be given: First. By u steam vessels" on the whistle or siren. Second. By il sailing vessels" and u vessels towed" on the fog horn. The words u prolonged blast" used in this article shall mean a blast of from four to six seconds duration. A steam-vessel shall be provided with an efficient whistle or siren, sounded by steam or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an efficient fog horn, to be sounded by mechanical means, and also with an efficient bell. (In all cases where the rules require a bell to be used a drum 282 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. may be substituted on board Turkish vessels, or a gong where such articles are used on board small seagoing vessels.) A sailing vessel of twenty tons gross tonnage or upward shall be provided with a similar fog horn and bell. In fog, mist, falling snow, or heavy rainstorms, whether by day or night, the signals described in this article shall be used as follows, namely : (a) A steam vessel having way upon her shall sound, at intervals of not more than two minutes, a prolonged blast. (b) A steam vessel under way, but stopped, and having no way upon her, shall sound, at intervals of not more than two minutes, two prolonged blasts, with an interval of about one second between. (c) A sailing vessel under way shall sound, at intervals of not more than one minute, when on the starboard tack, one blast; when on the port tack, two blasts in succession, and when with the wind abaft the beam, three blasts in succession. (d) A vessel when at anchor shall, at intervals of not more than one minute, ring the "bell rapidly for about fi-ve seconds. (e) A vessel when towing, a vessel employed in laying or in picking up a telegraph cable, and a vessel under way, which is unable to get out of the way of an approaching vessel through being not under command, or unable to maneuver as required by the rules, shall, instead of the signals prescribed in subdi- visions (a) and (c) of this article, at intervals of not more than two minutes, sound three blasts in succession, namely: One prolonged blast followed by two short blasts. A vessel towed may give this signal and she shall not give any other. Sailing vessels and boats of less than twenty tons gross ton- nage shall not be obliged to give the above-mentioned signals, but, if they do not, they shall make some other efficient sound signal at intervals of not more than one minute. speed of ships ART. 16. Every vessel shall, in a fog, mist, falling snow, in fog, eTc (er or heavy rain-storms, go at a moderate speed, having careful regard to the existing circumstances and conditions. A steam vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascer- tained shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over. d ^**^ f collision can, ichcn circumstances permit, be ascer- tained by carefully watching the compass bearing of an ap- proaching vessel. If the bearing does not appreciably change, such risk should be deemed to exist. " ^ RT - 17. When two sailing vessels are approaching one ' another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, namely: (a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack. (c) When both are running free, with the wind on differ- ent sides, the vessel which has the wind 011 the port side shall keep out of the way of the other. RULES TO PREVENT COLLISIONS AT SEA. 283 (d) When both are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the ressel which is to the leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. ART. 18. When two steam-vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This article only applies to cases where vessels are meet- ing end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep on their respective courses, pass clear of each other. The only cases to which it does apply are when each of the two vessels is end on ; or nearly end on, to the other; in other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own ; and by night, to cases in which each vessel is in such a position as to see both the side-lights of the other. It does not apply by day to cases in which a vessel sees another ahead crossing her own course; or by night, to cases where the red light of one vessel is opposed to the red light of the other, or where the green light of one vessel is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. ART. 19. When two steam-vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. ART. 20. When a steam-vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, the steam-vessel shall keep out of the way of the sailing- vessel. Article twenty-one. Where, by any of these rules, one of two vessels is to keep out of the way the other shall keep her course and speed. Note. When, in consequence of thick weather or other causes, such vessel finds herself so close that collision can not be avoided by the action of the giving-way vessel alone, she also shall take such action as will best aid to avert collision. (See articles tiventy-seven and twenty-nine.} [Act of May 28, 1894.} ART. 22. Every vessel ichich is directed by these rules to keep out of the icay of another vessel shall ', if the circumstances of the case admit, avoid crossing ahead of the other. ART. 23. Every steam-vessel which is directed by these rules to keep out of the way of another vessel, shall, on approach- ing her, if necessary, slacken her speed or stop or reverse. ART. 24. ^Notwithstanding anything contained in these rules every vessel, overtaking any other, shall keep out of the way of the overtaken vessel. 284 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Every vessel coming up with another vessel from any direc- tion more than two points abaft her beam, that is, in such a position, with reference to the vessel which she is overtaking that at night she icould be unable to see either of that vessel's side-lights, shall be deemed to be an overtaking vessel; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel ivitliin the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As by day the overtaking vessel can not always knoic with certainty wliether she is forward of or abaft this direction from the other vessel she should, if in doubt, assume that she is an overtaking vessel and keep out of the way. ART. 25. In narrow channels every steam-vessel shall, when it is safe and practicable, keep to that side of the fair- way or mid-channel which lies on the starboard side of such vessel. ART. 26. Sailing vessels under way shall keep out of the way of sailing vessels or boats fishing with nets, or lines, or trawls. This rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fair-way used by vessels other than fishing vessels or boats. ART. 27. In obeying and construing these rules due regard shall be had to all dangers of navigation and col- lision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. sound signals. ART. 28. The words "short Uast" used in this article shall mean a blast of about one second's duration. When vessels are in sight of one another, a steam-vessel under way, in taking any course authorized or required by these rules, shall indicate that course by the following sig- nals on her whistle or siren, namely: One short blast to mean, "I am directing my course to starboard ." Two short blasts to mean, "I am directing my course to port." Three short blasts to mean, "My engines are going at full speed astern." tidu per precan ' ART. 29. Nothing in these rules shall exonerate any ves- sel or the owner or master or crew thereof, from the conse- quences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary prac- tice of seamen, or by the special circumstances of the rase. bo? 8 ul etc f r har ' A ? T - 30 - Nothing in these rules shall interfere with the op- eration of a special rule, duly made by local authority, rela- tive to the navigation of any harbor, river, or inland waters. nau i8trc88 8iK ART. 31. When a vessel is in distress and requires assist- ance from other vessels or from the shore the following shall be the signals to be used or displayed by her, either together or separately, namely : In the daytime First. A gun or other explosive signal fired at intervals of about a minute. RULES TO PREVENT COLLISIONS AT SEA. 285 Second. The international code signal of distress indi- cated by N 0. Third. The distance signal, consisting of a square flag, having either above or below it a ball or anything resem- bling a ball. Fourth. A continuous sounding with any foy- signal appa- ratus. At night First. A gun or other explosive signal fired at intervals of about a minute. Second. Flames on the vessel (as from a burning tar bar- rel, oil barrel, and so forth). j Third. Rockets or shells throwing stars of any color or description, fired one at a time, at short intervals. Fourth. A continuous sounding ivith any fog-signal appa- ratus. [Act of May 28, 1894.] SEC. 2. That all laws or parts of laics inconsistent with the foregoing regulations for preventing collisions at sea for the navigation of all public and private vessels of the United States upon the high seas, and in all ivaters connected there- with navigable by sea-going vessels, are hereby repealed. [Act August 19 , 1890.] Be it enacted by the Senate and House of Representatives sept. 4, isoo. of the United States of America in Congress assembled. That collisions at iii every case of collision between two vessels it shall be sea> the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision, and also to give to the master or person in charge of the other vessel the name of his own vessel and her port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. SEC. 2. That every master or person in charge of a United States vessel who fails, without reasonable cause, to render such assistance or give such information as afore- said shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of one thousand dollars, or imprisonment for a term not exceeding two years ; and for the above sum the vessel shall be liable and may be seized and proceeded against by process in any district court of the United States by any person; one-half such sum to be payable to the informer and the other half to the United States. SEC. 3. That this act shall take effect at a time to be fixed by the President by Proclamation issued for that purpose. 286 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Feb. 19, 1896. j$ e it enacted by the Senate and Rouse of Representatives Regulations to of the United States of America in Congress assembled, That V 8 en upon 0l Jn- on and after March first, eighteen hundred and ninety-five, land waters, etc. the provisions of sections forty-two hundred and thirty- three, forty-four hundred and twelve, and forty-four hun- dred and thirteen of the Revised Statutes and regulations pursuant thereto shall be followed on the harbors, rivers and inland waters of the United States. The provisions of said sections of the Revised Statutes and regulations pursuant thereto are hereby declared spe- cial rules duly made by local authority relative to the navi- gation of harbors, rivers and inland waters as provided for iu Article thirty, of the Act of August nineteenth, eighteen hundred and ninety, entitled "An Act to adopt regulations for preventing collisions at sea." See note 3. SEC. 2. The Secretary of the Treasury is hereby author- ized, empowered and directed from time to time to desig- nate and define by suitable bearings or ranges with light Note 3. Pursuant to Section 2 of the Act approved February 19, 1895, the follow- ing lines dividing the high seas from rivers, harbors, and inland waters are hereby designated and def leflned: (Bearings are magnetic.) New York. Baltimore. Galveston. Boston. San Francisco, Portland. Philadelphia. Charleston. Savannah. Brunswick. Penaacola. Mobile. New Orleans. Sail Diego. Kittery. Newburyport. Columbia River NEW YORK HARBOR. From Navesink (southerly) Light House NE. g E., easterly, to Scotland Light Vessel, thence NNE. E. through Gedney Channel Whistling Buoy (proposed position) to Rockaway Point Life-Saving Station. BALTIMORE HARBOR AND CHESAPEAKE BAY. From Cape Henry Light House NE. by E. | E., easterly, to Outer Entrance Whistling Buoy, thence N. by E. % E. to Cape Charles Light House. GALVESTON HARBOR. From Galveston Bar Whistling Buoy, N. by W. W. through the beacon, marking the outer extremity of the N. jetty, and SW. by W. W., westerly, through North Breaker Beacon. BOSTON HARBOR. From Point Allerton NNE. i E., easterly, through Point Aller- ton Beacon to Northeast Grave Whistling Buoy, thence NNE. J E. to Outer Breaker (Great Pig Rocks) Bell Buoy, thence NE. by E.f E. to Halfway Rock Beacon, thence NE. by E. i E. to Eastern Point Light House. SAN FRANCISCO HARBOR. From Point Bonita Light House SE. |S. to Point Lobos. PORTLAND, ME., HARBOR. From Cape Elizabeth (E.) Light ENE. to Halfway Rock Light, thence E., southerly, to Seguin Light. PHILADELPHIA HARBOR AND DELAWARE BAY. From CapeHenlopen Light NE. by E. to South Shoal Whistling Buoy, thence NNE. * E. to Cape May Light. CHARLESTON HARBOR. From Charleston Light vessel NW. ; \ W. (toward Sullivans Island Range Rear Light) to the North Jetty, and from Charleston Light Vessel SW. J W. to Charleston Whistling Buoy, thence SW. | W. to Charleston Main Channel Entrance Bell Buoy, thence W. to Folly Island. SAVANNAH HARBOR AND CALIBOGUE SOUND. From Tybee WhistlingBuovNNW. 1| W. through North Slue Channel Outer Buoy to Braddock Point, Hilton Head Island, and from Tybee Whistling Buoy W.to Tybee Island. ST. SIMON SOUND (BRUNSWICK HARBOR) AND ST. ANDREW SOUND. From hotel on Beach of St. Simon Island |g mile NE. by E. J E. from St. Simon Light House, SE. J E. to St. Simon Sea Buoy, thence S. E. to St. Andrew's Sound Sea Buoy, thence W. to the Shore of Little Cumberland Island. PENSACOLA HARBOR. From Pensacola Entrance Whistling Buoy N. $ W., a tun- gent to the E.side of Fort Pickens, to the shore of Santa Rosa Island, and from the Whistling Buoy NW. & W. to Fort McRee Range Front Light. MOBILE HARBOR AND BAY. From Mobile Bay Outer or Deep Sea Whistling Buoy (or its watch buoy in summer) NE. by N. to the shore of Mobile Point, and from the Whistling Buoy NW. by W. to the shore of Dauphin Island. NEW ORLEANS HARBOR AND THE DELTA OF THE MISSISSIPPI. From South Pass East Jetty Light N. by E. * E. to Pass a Loutre Light, thence N. to Errol Island and from South Pass East Jetty Light W. J S. to Southwest Pass Light, thence N. to shore. SAN DIEGO HARBOR. From Point Loma Light S. I E. to San Diego Bay Outside Bar Whistling Buoy, thence NNE. E. to tower of Corouado Hotel. KITTERY HARBOR, ME., AND PORTSMOUTH HARBOR, N. H. From Kitts Rocks Bell Buoy NNE. | E. through Horn Island to the main shore, and from Kitts Rocks Bell Buoy NW. by W. g W. through Frosts Point Ledge Buoy to Frosts Point, N. H. NEWBURYPORT, IPSWICH, AND ANNISQUAM HARBORS, MASS. From Salisbury Beach Range Rear Light a line SE. J S. to Newburyport Bar Whistling Buoy, thence a line S. by E. f E. (toward Anninquum Light) to a point of intersection with a line drawn from Ipswich Light E. 1$_S. to Halibut Point, thence, from the point of intersection, along the latter line K. }% S. to Halibut Point. COLUMBIA RIVER EN.TBANCE. From Cape Disappointment Light SE. $ E. to Point Adams Light. RULES GOVERNING LIGHTS, ETC. 287 houses, light vessels, buoys or coast objects, the lines dividing the high seas from rivers, harbors arid inland waters. SEC. 3. Collectors or other chief officers of the customs shall require all sail vessels to be furnished with proper signal lights. Every such vessel that shall be navigated without complying with the Statutes of the United States, or the regulations that may be lawfully made thereunder, shall be liable to a peualy of two hundred dollars, one-half to go to the informer; for which sum the vessel so navi- gated shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. SEC. 4. The words u inland waters' 7 used in this Act shall not be held to include the Great Lakes and their connect- ing and tributary waters as far east as Montreal; and this act shall not in any respect modify or affect the provisions of the Act entitled "An Act to regulate navigation on the Great Lakes and their connecting and tributary waters," approved February eighth, eighteen hundred and ninety- five. * and 8aU RULES FOR VESSELS OF THE NAVY AND MERCANTILE MARINE. The instructions herein contained will be observed in the navigation of vessels of the mercantile marine of the United States; and by the provisions of the Eevised Statutes the following rules, from one to twenty-four, inclusive, are made applicable to the navigation of vessels of the Navy. Every sail-vessel of the mercantile marine navigated without complying with the instructions of this circular will be liable to a penalty of two hundred dollars, for which sum the vessel may be seized and proceeded against. RULE ONE. Every steam-vessel which is under sail, and not under steam, shall be considered a sail- vessel; and every steam vessel which is under steam, whether under sail or not, shall be considered a steam- vessel. EULE Two. The lights mentioned in the following rules, Lights. and no others, shall be carried in all weathers, between sunset and sunrise. EULE THREE. All ocean-going steamers, and steamers ocean-going carrying sail, shall, when under way, carry (A) At the foremast head, a bright white light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles, and so con- structed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, and so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side. (B) On the starboard side, a green light, of such a char- acter as to be visible on a dark night, with a clear atmos- phere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of 288 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the starboard sicle. ( C) On the port side, a red light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red light shall be fitted with inboard screens, projecting at least three feet forward from the lights, so as to prevent them from being seen across the bow. Towing steam- EULE FOUR. Steam-vessels, when towing other vessels, shall carry two bright white mast-head lights vertically, in addition to their side-lights, so as to distinguish them from other steam-vessels. Each of these mast-head lights shall be of the same character and construction as the mast-head lights prescribed by Eule Three. starboard and KuLE FIVE. All steam-vessels, other than ocean-going port side lights. 8 teauiers and steamers carrying sail, shall, when under way, carry on the starboard and port sides lights of the same character and construction and in the same position as are prescribed for side-lights by Eule Three, except in the case provided in Eule Six. I^VM Vteamers 1 ^ ULE Six. J&ver- steamer s navigating waters flowing rs ' into the Gulf of Mexico, and their tributaries, shall carry the following lights, namely : One red light on the outboard side of the port smoke-pipe, and one green light on the outboard side of the starboard smoke-pipe. Such lights shall show both forward and abeam on their respective sides. vSseis tiDg8team RULE SE VEN. All coasting steam- vessels, and steam- vessels other than ferry-boats and vessels otherwise expressly provided for, navigating the bays, lakes, rivers, or other inland waters of the United States, except those mentioned in Eule Six, shall carry the red and green lights as prescribed for ocean-going steamers; and, in addition thereto, a central range of two white lights; the after-light being carried at an elevation of at least fifteen feet above the light at the head of the vessel. The head- light shall be so constructed as to show a good light through twenty points of the compass, namely: from right ahead to two points abaft the beam on either side of the vessel; and the after-light so as to show all around the horizon. Ferry-boats,etc. The lights for ferry-boats, barges, and canal boats when in tow of steam vessels shall be regulated by such rules as the Board of Supervising Inspectors of Steam-Vessels shall prescribe. sailing vessels. EULE EIGHT. Sail-vessels, under way or being towed, shall carry the same lights as steam- vessels under way, with the exception of the white mast-head lights, which they shall never carry. (See Eule Three, b and c.) Small sailing EULE NINE. Whenever, as in case of small vessels dur- ing bad weather, the green and red lights can not be fixed, RULES GOVERNING SIGNAL LIGHTS, ETC. 289 Coal boats, etc. these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these port- able lights more certain and easy, they shall be painted outside with the color of the light they respectively con- tain, and shall be provided with suitable screens. RULE TEN. All vessels, whether steam-vessels or sail- ch ^ 88els at an * vessels, when at anchor in roadsteads or fairways, shall, c between sunset and sunrise, exhibit where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uniform, and unbroken light, visible all around the horizon, and at a distance of at least one mile. RULE ELEVEN. Sailing pilot- vessels shall not carry the Pilot lights required for other sailing-vessels, but shall carry a white light at the mast-head, visible all around the horizon, and shall also exhibit a flare-up light every fifteen minutes. RULE TWELVE. Coal -boats, trading - boats, produce- boats, canal-boats, oyster-boats, fishing-boats, rafts, or other water-craft, navigating any bay, harbor, or river, by hand-power, horse-power, sail, or by the current of the river, or which shall be anchored or moored in or near the chan- nel or fair- way of any bay, harbor, or river, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the Board of Supervising Inspectors of Steam Vessels. Rule 12 shall be so construed as not to require row-boats and skiffs upon the river St. Lawrence to carry lights. RULE THIRTEEN. Open boats shall not be required to open boats. carry the side-lights required for other vessels, but shall, if they do not carry such lights, carry a lantern having a green slide on one side and a red slide on the other side; and, on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, and in such a manner that the green light shall not be seen on the port side, nor the red light on the starboard side. Open boats, when at anchor or stationary, shall exhibit a bright white light. They shall not, however, be prevented from using a flare up, in addition, if considered expedient. RULE FOURTEEN. The exhibition of any light on board Naval vessels. of a vessel of war of the United States may be suspended whenever, in the opinion of the Secretary of the Navy, the commander-in-chief of a squadron, or the commander of a vessel acting singly, the special character of the service may require it. RULE FIFTEEN. Whenever there is afog, or thick weather, Fog signals. whether by day or night, fog-signals shall be used, as fol- lows: (A) Steam-vessels under way shall sound a steam-whistle 376 19 Act 1886. June 13, 290 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. placed before the funnel, not less than eight feet from the deck, at intervals of not more than one minute. (B) Sail- vessels underway shall sound a fog-horn at inter- vals of not more than five minutes. (0) Steam-vessels and sail- vessels, when not under way, shall sound a bell at intervals of not more than five minutes. (D) Coal-boats, trading-boats, produce-boats, canal-boats, oyster- boats, fishing-boats, rafts, or other water-craft, navi- gating any bay, harbor, or river, by hand-power, horse- power, sail, or by the current of the river, or anchored or moored in or near the channel or fairway of any bay, har- bor, or river, and not in any port, shall sound a fog-horn, or equivalent signal, which shall make a sound equal to a steam- whistle, at intervals of not more than two minutes. sailing vessels. RULE SIXTEEN. If two sail-vessels are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other. RULE SEVENTEEN. When two sail- vessels are crossing so as to involve risk of collision, then, if they have the wind on different sides, the vessel with the wind on the port side shall keep out of the way of the vessel with the wind on the starboard side, except in the case in which the ves- sel with the wind on the port side is close-hauled, and the other vessel free, in which case the latter vessel shall keep out of the way. But if they have the wind on the same side, or if one of them has the wind aft, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. steam-vessels. RULE EIGHTEEN. If two vessels under steam are meet- ing end on, or nearly end on, so as to involve risk of col- lision, the helms of both shall be put to port, so that each may pass on the port side of the other. TWO steamers RULE NINETEEN. If two vessels under steam are cross- ing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. Btmmera^meef ^ ULE TWENTY. If tWO VCSSClS, OU6 of which IS a Sail- ing. 3 vessel and the other a steam- vessel, are proceeding in such directions as to involve risk of collision, the steam- vessel shall keep out of the way of the sail-vessel. Approaching RULE TWENTY-ONE. Every steam-vessel, when approach- ing another vessel, so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every steam-vessel shall, when in a fog, go at a moderate speed. overtaking. RULE TWENTY-TWO. Every vessel overtaking any other vessel shall keep out of the way of the last-mentioned vessel. Right of way. RULE TWENT Y-THREE. Where, by Rules seventeen, nine- teen, twenty, and twenty-two, one of two vessels shall keep out of the way, the other shall keep her course, subject to the qualifications of Rule twenty-four. LAWS GOVERNING SIGNAL LIGHTS, ETC. 291 EULE TWENTY-FOUR. In construing and obeying these rules, due regard must be bad to all dangers of navigation, and to any special circumstances which may exist in any particular case rendering a departure from them necessary in order to avoid immediate danger. KULE TWENTY-FIVE. Collectors, or other chief officers of signal lights the customs, shall require all sail- vessels to be furnished aE with proper signal-lights, and every such vessel shall, on the approach of any steam-vessel during the night-time, shoir a lighted torch upon that point or quarter to which such steam-vessel shall be approaching. Be it enacted by the Senate and House of Representatives Act of Feb. s, of the United States of Am erica in Congress assembled, That 18 ^ regulate the following rules for preventing collisions shall be fol- jajg *J^akos lowed in the navigation of till public and private vessels of and thSr 1709> Jt slia11 ke tlie duty of consuls and vice-consuls? Apr.i'4, 1792, s. where the laws of the country permit: 2, v.i, p. 255. First. To take possession of the personal estate left by any citizen of the United States, other than seamen belong- ing to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects. Second. To inventory the same with the assistance of two merchants of the United States, or, for want of them, of any others at their choice. Third. To collect the debts due the deceased in the country where he died, and pay the debts due from his estate which lie shall have there contracted. Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary, for the payment of his debts, and, at the expiration of one year, from his decease, the residue. Fifth. To transmit the balance of the estate to the Treas- ury of the United States, to be holden in trust for the legal claimant; except that if at any time before such transmis- sion the legal representative of the deceased shall appear and demand his eifects in their hands they shall deliver them up, being paid their fees, and shall cease their pro- ceedings. ^Notification of SEC. 1710. For the information of the representative of e idem. the deceased, the consul or vice-consul, in the settlement DIPLOMATIC AND CONSULAR OFFICERS, ETC. 299 of his estate, shall immediately notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an in- ventory of the effects of the deceased, taken as before directed. SEC. 17 11. When any citizen of the United States, dying ^Decedent's di- abroad, leaves, by any lawful testamentary disposition,^" 8 special directions for the custody and management, by consular officer of the port or place where he dies, of the personal property of which he dies possessed in such coun- try, such officer shall, so far as the laws of the country permit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary dis- position, any other person than such officer to take charge of and manage such property, it shall be the duty of the offi- cer, whenever required by the person so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to pro- tect the property of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person, and not otherwise. SEC. 1737. If any consul, vice-consul, commercial agent, ca teo P roperty or vice-commercial agent falsely and knowingly certifies Feb. 28, isoa, s. that property belonging to foreigners i s proper ty belonging 7 ' v>2>p ' 204< to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars. SEC. 1738. No consular officer shall exercise diplomatic ci^Sy 8 " functions, or hold any diplomatic correspondence or rela- form diplomatic tion on the part of the United States, in, with, or to the^^il^e.s. Government or country to which he is appointed, or any 12, v. li, P '. 56. ' other country or Government, when there is in such coun- un S a e e r Treason 35 ' try any officer of the United States authorized to perform diplomatic functions therein; nor in any case, unless ex- pressly authorized by the President so to do. SEC. 1750. Every Secretary of legation and consular offi- Title is, chap, s. cer is hereby authorized, whenever he is required or deems Depositions. it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any nota- rial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act admin- istered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if admin- istered, sworn, affirmed, taken, had, or done, by or before 300 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. any other person within the United States duly authorized Penalty for per- aiic j competent thereto. If any person shall willfully and jury in such ,, l ., f J cases. corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affi- davit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same man- ner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affi- davit, or deposition, and shall be subject to the same punish- ment and disability therefor as are or shall be prescribed Evidence of by any such act for such offense; and any document pur- J ' porting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being Penalty for genuine or of the official character of such person; and if forging certin- in/. -i j i cuieofoath. any person shall forge any such seal or signature, or shall 2iV I ?i 1 p if 6 ' 8 ' tender in evidence any such document with a false or coun- see sees. 5392, terfeit seal or signature thereto, knowing the same to be 5393, Perjury. f a ] se or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be impris- oned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested or in custody. Certain corre- g EC< 1751. N o diplomatic Of COUSUlar Officer Shall Corre- spondence by om- , . 1 , ,1 t 1- /V. / / /-( c^rs prohibited, spond in regard to the public affairs of any foreign Gov- ^iwd., s. 19, p. ernmen t with any private person, newspaper, or other see June n, periodical, or otherwise than with the proper officers of the United States, nor recommend any person, at home or abroad, for any employment of trust or profit under the Government of the country in which he is located; nor ask nor accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such Government. June 17, 1874. Nor shall any diplomatic or consular officer correspond in certain corre- regard to the public affairs of any foreign Government with bidden nce f r ~ an ^ priv^ 6 person, newspaper, or other periodical, or other- Not _u> recom-wise than with the proper officers of the United States; "moment 8f or nor without the consent of the Secretary of State previously a-ept titles or obtained, recommend any person at home or abroad for any Iir jun t8 i7, 1874, employment or trust or profit under the Government of the v 'see p ' Bribes' coull ^ r y * n which he is located; nor ask or accept for him n t s^ a^'i self or any other person, any present, emolument, pecuniary favor > office, or title of any kind from any such Government. EXPATRIATION, EXTRADITION, ETC. 301 EXPATRIATION. Sec. 1999. Right of expatriation declared. 2000. Protection of naturalized citizens in foreign countries. Sec. 2001. Kelease of citizens imprisoned by foreign governments. SEC. 1999. Whereas the right of expatriation is a natural Title 25. and inherent right of all people, indispensable to the enjoy- Right of expa- ment of the rights of life, liberty, and the pursuit of piness; and whereas in the recognition of this principle thisi,v.i5,p.223. ' Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereasit is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Eepublic. SEC. 2000. All naturalized citizens of the United States, protection to ,.,._. , . ..... , , , . ,. ' naturalized citi- while in foreign countries, are entitled to and shallreceivezens in foreign from this Government the same protection of persons and 8 *^; g 2 p property which is accorded to native born citizens. 224. SEC. 2001. Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of foreign government, it shall be the duty of the President ibid., s. 3, P forthwith to demand of that government the reasons of 224 ' such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the Presi- dent shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and pro- ceedings relative thereto shall as soon as practicable be communicated by the President to Congress. to be EXTRADITION. Sec. 5270. Fugitives from the justice of a foreign country. . Act Aug. 3, 1882". Evidence on the hearing. 5272. Surrender of the fugitive. 5273. Time allowed for extradition. 5274. Continuance of provisions limited. 5275. Protection of the accused. 5276. Powers of agent receiving offend- ers delivered by a foreign govern- ment. Sec. 5277. Penalty for opposing agent, etc. 5278. Fugitives from justice of a State or Territory. 5279. Penalty for resisting agent, etc. 5280. Arrest of deserting seamen from foreign vessels. 5409. Allowing prisoners to escape. 5410. Application bf preceding section. Title 66. SBC. 5270. Whenever there is a treaty or convention for _ extradition between the Government of the United States Fugitives from and any foreign government, any justice of the Supreme foreig^cSuntry* Court, circuit judge, district judge, commissioner, author- Aug. 12, ms, ized so to do by any of the courts of the United States, or 8> l ' v< 9l p> 302 ' 302 LAWS RELATING TO THE NAVY, MARINE COUPS, ETC. judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and con- sidered. If, on such hearing, he deems the evidence suffi- cient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made. Aug. a, 1882. g EC i. 5. That in all cases where any depositions, war- supp. ii. s., 22 rants, or other papers or copies thereof shall be offered in toVsw 1 '' 215> 18?4 evidence upon the hearing of any extradition case under Evidence on Title sixty-six of the Revised Statutes of the United he subetitute for States, such depositions, warrants, and other papers, or R i4How 5 iJ5- 5^ e c Pi es thereof, shall be received and admitted as evi- Biatch.,''4i4 ; ' 7 deuce on such hearing for all the purposes of such hearing SlatcS' 1 137- 30 ^ tnev sna ^ ^ e properly and legally authenticated so as to r, latch., 59; 4 entitle them to be received for similar purposes by the tri- Fediitepl'so^iebunals of the foreign country from which the accused Fed. ep.'.sss; 22 party shall have escaped, and the certificate of the princi- pal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant or other paper or copies thereof, so offered, are authenticated in the manner required by this act. Re ^ 1 _ 1 f R - s -- SEC. G. The act approved June nineteenth, eighteen hun- sec. 5271, and , , v 1 ,.,, , , . i876,junei9, ch.dred and seventy-six, entitled % p< 337 - tried for any crime of which he is duly accused, the Presi- dent 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 neces- sary for the safe-keeping and protection of the accused. SEC. 5276. Any person duly appointed as agent to receive, a ^t^elvin" in behalf of the United States, the delivery, by a foreign olenders^ilin? Government, of any person accused of crime com mitt edfT edbyafo ^ ei s u .,, . . * . ,. ,. J ,. ,, TT ., , ~, , , Government. within the jurisdiction ot the United States, and to convey idem, e. 2. him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping. SEC. 5277. Every person who knowingly and willfully ^fn^nTete obstructs, resists, or opposes such agent in the execution of P idem?f. e 3. >e his duties, or who rescues or attempts to rescue such pris- oner, whether in the custody of the agent or of any officer or person to whom his custody has lawfully been committed, shall be punishable by a fine of not more than one thousand dollars, and by imprisonment for not more than one year. SEC. 5278. Whenever the executive authority of any State . Fugitivesirom m *j. t j f '^' f j.' jusLice 01 a oiate or Territory demands any person as a fugitive from justice, or Territory. 304 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. i v e i b ' 1 302 793 ' 8> of t^ 6 executive authority of any State or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, cer- tified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has tied, it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be deliv- ered to such agent when he shall appear. If no such agent appears within six months from the time of the arrest, the prisoner may be discharged. All costs or expen ses incurred in the apprehending, securing, and transmitting such fugi- tive to the State or Territory making such demand,, shall be paid by such State or Territory. Penalty for re- SEC. 5279. Any agent so appointed who receives the sisting agent, f u gj^| ve j n ^ o fas custody, shall be empowered to transport Seeec 8 5409 ^ m ^ *^ e State or Territory from which he has fled. And every person who, by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars or imprisoned not more than one year. Arrest of de- g EC> 5280. On application of a consul or vice-consul of sorting seamen _ . , . from foreign ve- any foreign government having a treaty with the United 86 Mar. 2,i829,ch. States stipulating for the restoration of seamen deserting, 4i, v. 4,' p. 359 ; made in writing, stating that the person therein named has m, v^io^'eu! deserted from a vessel of any such government, while in any port of the United States, and on proof by the exhibi- tion of the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any circuit court, justice, or other magistrate, having competent power, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the consul or vice-consul, to be sent back to the dominions of any such government, or, on the request and at the expense of the consul or vice-consul, shall be detained until the consul or vice-consul finds an opportunity to send him back to the dominions of any such government. No person so arrested shall be detained more than two months after his arrest ; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cog- nizable, shall have pronounced its sentence, and such sen- tence shall have been carried into effect. EXTRADITION FISH COMMISSIONER. 305 SEC. 5409. Whenever any marshal, deputy marshal, Title 70, chap. 4. ministerial officer, or other person, has in his custody any Allowing pris- prisoner by virtue of process issued under the laws of the on j|i' n j li^lseo, United States by any court judge, or commissioner, and v. 12, p. 69.' such marshal, deputy marshal, ministerial officer, or other person, voluntarily suffers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned for a term not more than two years, or both. SEC. 5410. The preceding section shall be construed to ^gjjjj* apply not only to cases in which the prisoner who escaped Bon? * was charged or found guilty of an offense against the laws lbld< of the United States,'but also to cases in which a prisoner may be in custody charged with offenses against any for- eign government with which the United States have treaties of extradition. FISH COMMISSIONER. Application of sec- Sec. Act Jan. 20, 1888. Appointment of Com- missioner of Fish and Fisheries. Act Mar. 3, 1885. Details from Revenue Marine. Act Mar. 3, 1883. Assistant Fish Com- missioner. 4396. Duties of Commissioner. Sec. 4397. Executive Department to aid inves- tigation. 4398. Powers of Commissioner. Act June 5, 1894. Fur Seals. Penalty for infraction of law in regard to. Act Mar. 3, 1893. Fur seals of Bering Sea. That section four thousand three hundred and ninety-five Jan. 20, isss. of the Revised Statutes of the United States be, and the 25Stat.L.,i. same is hereby, amended to read as follows : That there shall be appointed by the President, by and with the advice and consent of the Senate, a person of sci- R.S., sec. 4395. entific and practical acquaintance with the fish and fisheries R es 81 No Fe i2 1 p to be a Commissioner of Fish and Fisheries, and he shall 328 ; ' 188-2, Augl receive a salary at the rate of five thousand dollars a year, p. 82*1883^?! and he shall be removable at the pleasure of the President. 3, ch.' 143,' par. Said Commissioner shall not hold any other office or em- Ma?.' a, ck Ho, ployrnent under the authority of the United States or any jjjj 1 '^ 4 ^ 5 1 ^ 1 State. par. 3, p. 563. [Par 7.] And the Commissioner of Fish and Fisheries is Mar. 3, 1883. hereby authorized to designate, from the employees of the 22 stat. L., 603. Commission, an assistant, to discharge his duties in case of Co ^ s m ?8sloie*r 18h his absence or disability: s., sec. 439*5. Provided, That no increase of pay shall be granted m c h.j,p.577 n ' ' consequence of such selection. * * * [Par. l.J The Secretary of the Treasury is authorized to Mar. 8, isss. detail from time to time for duty under the Commissioner 23 stat. L., 473. of Fish and Fisheries any officers and men of the Re venue R^eim? Marl Marine Service whose services can be spared for such forF i8 hCommis - t , * * * sion. R. S., sees. duty. 2747-2765, 4396. 1888, Jan. 20, ch. 1, p. 577. SEC. 4396. The Commissioner of Fish and Fisheries shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution v 'se e p 'R,t v ,. mie . in the number of the food-fishes of the coast and the lakes Cutter service, of the United States has taken place ; and, if so, to what Divi8ion 1V< causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress. 376 20 306 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. r . The heads of the several Executive Depart- ments shall cause to be rendered all necessary and practi- ibid.,8.3. cable aid to the Commissioner in the prosecution of his investigations and inquiries. Powers of corn- g ECj 439$. The Commissioner may take or cause to be miasioner. ,, , , e* ,-, /. , , ibid., s. 4. taken at all times, in the waters of the sea-coast of the United States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding. nr. s, 1898. And the Commissioner of Fisheries is authorized and 27 stat. L., 572. required to investigate, under the direction of the Secretary o/^Ial^fe^onOf th e Treasury, and when so requested and report annu- Pribiiofisiand. ally to him regarding the conditions of seal life upon the Berln Sea 18 ofr ookeries of the Pribilof Island; and he is also directed to s r ee notes land continue the inquiries relative to the life history and migra- tions of the fur seals frequenting the waters of Bering Sea. * * * Whereas by the seventh article of the treaty between le United States and Great Britain, concluded at Wash- pr Treat" g ' 1892 i n tou, February twenty-ninth, eighteen hundred and Feb^.^Art. vii ninety-two, in relation to the preservation of the fur seal, (27 stat. L., 950). ^he high contracting parties agree to co-operate in securing the adhesion of other powers to such regulations as the arbitrators under said treaty might determine upon for that purpose; and infractions 8 f r Whereas by an Act of Congress approved April sixth, m i894, Aj?.' e, ch. eighteen hundred and ninety-four, provision has been 57 see l notes 3 and ma( ^ e by ^ ne United States for the execution of the regu- 4. lations so determined upon and for the punishment of any infractions of said regulations: Therefore, Procedure and Be it enacted, &c.j That the procedure and penalties pro- tended x " vided by said Act, in case of the violation of the provi- sions of said regulations, are hereby made applicable to and shall be enforced against any citizen of the United States, or person owing the duty of obedience to the laws or the treaties of the United States, or person belonging to or on board of a vessel of the United States who shall kill, cap- ture, or pursue, at any time or in any manner whatever, as well as to and against any vessel of the United States used or employed in killing, capturing, or pursuing, at any time or in any manner whatever, any fur seal or other marine fur-bearing animal, Fish Commis- Note 1. See note to 1892, August 5, ch. 380, par. 3, for review of laws relating to Bion. Fish Commission. Laws relating Note 2. For other laws relating to seals, see B. S., sees. 1956-1958, forbidding the to seals. killing of fur seals, except by proper authority; K. S., sees. 1959-1976, and 1*74, Mar. 24, ch. 64 (1 Supp. tt. S., 6), regulating the killing of fur seals; 1875, Mar. 3, ch. 130, par. 6 (1 Supp. R. S., 73), and 1876, July 31, ch. 246, par. 6 (I Supp. 11. S., 115), relative to agents at seal fisheries; 1884, May 17, ch. 53, sec. 5 (1 Supp. R. S., 4.TJ), directing the governor of Alaska to inquire into the operations of the Alaska Seal and Fur Company; 1889, Mar. 2, ch. 415, sec. 3 (1 Etapp. B. S.. 701), extending prohi- bition of killing seals to Bering Sea and requiring proclamation and palrol against June 5, 1894. violations. See 143 U. S., 472. 1893, Feb. 21, ch. 150, extending seal protection laws 28 Stat. L., 85. to North Pacific Ocean. See also treaty with Great Britain of arbitration of ques- tions relating to seals in Bering Sea (27 Stat. L., 952). Note S. See 1894, June 5, ch. 91, p. 190, extending the provisions of this act to vio- lations of any treaty or convention with any other power than Great Britain. See also proclamation of President, 1893, Apr. 8 (27 Stat., L., 1070). Note 4 The word "exclusive" changed to "inclusive" by 1894, Apr. 24, ch. 63, p. 181. FLAGS, STANDARDS, FRAUD, FORGERY, ETC. 307 in violation of the provisions of any treaty or conven- ^ tion into which the United States may have entered or eae subject may hereafter enter with any other power for the purpose of protecting fur seals or other marine fur-bearing animals, or in violation of any regulations which the President may make for the due execution of such treaty or conven- tion. FLAGS AND STANDARDS. lations nt. Sec. 1554. Captured flags. 1555. Display of captured nags. 1791. The Hag to be 115 stripes and 37 stai Sec. 1792. A star to be added for every new State. Idem. SEC. 1554. The Secretary of the Navy shall cause to be Title 15, chap. 7. collected and transmitted to him, at the seat of Govern- captured flags, ment of the United States, all such flags, standards, and g A P r % colors as shall have been or may hereafter be taken by the 8 ' Navy from enemies. SEC. 1555. All flags, standards, and colors of the descrip- tion mentioned in the foregoing section, which are now in the possession of the Navy Department, or may hereafter be transmitted to it, shall be delivered to the President, for the purpose of being, under his direction, preserved and displayed in such public place as he may deem proper. SEC. 1791. The flag of the United States shall be thir- teen horizontal stripes, alternate red and white; and the The flag to be union of the flag shall be thirty-seven stars, white in a blue 8 Lrs r . ipes and 3? field. Jan - 13 . 1794 . v - 1, p. 314; Apr. 4, 1818, s. 1, v. 3, p. 415. SEC. 1792. On the admission of a new State into the ad f ed sl ? r r Union one star shall be added to the union of the flag; and new state. such addition shall take effect on the fourth day of July 2 , : *' then next succeeding such admission. FRAUD, FORGERY, THEFT, ETC. Title 20. Sec. 183. Clerks investigating frauds may ad- minister oath. 5394. Stealing process, etc. 5418. Forging, etc., bid, publicrecord, etc. 5421. Forging deed, power of attorney, etc. 5422. Having forged papers in possession. 5435. False personation. 543G. False demand on fraudulent power of attorney. 5438. Making or pVesenting false claims. Sec. 5439. Embezzling arms, stores, etc. Act May 17, 1879. All parties to a con- piracy equally guilty. 5441. Delaying or defrauding captor or claimant, etc., of prize-property. 5456. Robbery or larceny of personal prop- erty of the United States. 5479. Counterfeiting or forging bids, bonds, etc. Act Mar. 3, 1875. Larcenies and stolen goods. SEC. 183. Any officer or clerk of any of the Departments Title 4. lawfully detailed to investigate frauds or attempts to de- paths, whenadf- fraud on the Government, or any irregularity or iniscon- ( ! e ^| t g[ d by of ' duct of any oflicer or agent of the United States, shall Apr. 16, 1869, have authority to administer an oath to any witness at-p^Mlr/r.mo', tending to testify or depose in the course of such investi- cha P. 23 ' *$* P' gation. SEC. 5394. Every person who feloniously steals, takes Title 70, chap. 4. away, alters, falsifies, or otherwise avoids any record, writ, stealing or ai- Erocess, or other proceeding, in any court of the United p^ c n u g r } n r g tates, by means whereof any judgment is reversed, made bail, etc. 308 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. i5 A P r - so, , s. void, or does not take effect, and every person who acknowl junl22, 1874,8.19,' edges, or procures to be acknowledged, in any such court, v. is, P. loo. ailv recognizance, bail, or judgment, in the name of any other person not privy or consenting to the same, shall be fined not more than live thousand dollars or be imprisoned nt hard labor not more than seven years; but this provision shall not extend to the acknowledgment of any judgment by an attorney, duly admitted for any person against whom any such judgment is had or given. Title 70, chap. 6. SEC. 5418. Every person who falsely makes, alters, forges, Forging, etc., or counterfeits any bid, proposal, guarantee, official bond, ord' Stc. blic rec Public record, affidavit, or other writing, for the purpose of Apr. b, 1866, B . defrauding the United States, or utters or publishes as *' See see. 5479. true any such false, forged, altered, or counterfeited bid, proposal, guarantee, official bond, public record, affidavit, or other writing, for such purpose, knowing the same to be false, forged, altered, or counterfeited, or transmits to or presents at the office of any officer of the United States any such false, forged, altered, or counterfeited bid, proposal, guarantee, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for such purpose, shall be imprisoned at hard labor for a period not more than ten years, or be lined not more than one thousand dollars, or be punished by both such fine and imprisonment. owe? 1 !!? at e tm' SEC. 5421. Every person who falsely makes, alters, forges, EeyTetc? M " or counterfeits 5 or causes or procures to be falsely made, i vTp f 77i 3> 8 ' altered, forged, or counterfeited; or willingly aids or assists in the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States, or any of their officers or agents, any sum of money; or who utters or pub- lishes as true, or causes to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or who transmits to, or presents at, or causes or procures to be transmitted to, or presented at, any office or officer of the Government of the United States, any deed, power of attorney, order, cer- tificate, receipt, or other writing, in support of, or in rela- tion to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, shall be imprisoned at hard labor for a period of not less than one year nor more than ten years; or shall be imprisoned not more than five years, and fined not more than one thousand dollars. Having forged SEC. 5422. Every person who, knowingly and with intent papers in pos - to d e f rau( i t he United States, has in his possession any false, ^ibid., s. 2, P . altered, forged, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of enabling another to obtain from the United States, or any of their officers or agents, any sum of money, shall be fined and imprisoned at the discretion of the court. FRAUD, FORGERY, THEFT, ETC. 309 SEC. 5435. Every person who falsely personates any true .. Fals e P e ona ; ,,,,,, v* , j_i -i T , i * lon f bolder of and lawful holder ot any share or sum in the public stocks public stocks. or debt of the United States, or any person entitled to any ig annuity, dividend, pension, prize-money, wages, or other debt due from the United States, and, under color of such false personation, transfers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize-money, wages, or other debt, shall be punished by a fine of not more than live thousand dollars, and by imprisonment at hard labor not more than ten years. SEC. 543(3. Every person who knowingly or fraudulently demands or endeavors to obtain any share or sum in the power of attor- public stocks of the United States, or to have any part ne f bid- thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, prize-money, wages, or other debt due from the United States, or any part thereof, received or paid by virtue of any false, forged, or counter- feited power of attorney, authority, or instrument, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. SEC. 5438. Every person who makes or causes to be Making or made, or presents or causes to be presented, for payment " or approval, to or by any person or officer in the civil, mil-j g 1 ^! 1 1863 ' 6 5J- itary, or naval service of the United States, any claim efe'. T> upon or against the Government of the United States, or 34 s ^ any Department or officer thereof, knowing such claim to claim's. be false, fictitious, or fraudulent, or who, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, makes, uses, or causes to be made or used, any false bill, receipt, voucher, roll, account, claim, certifi- cate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry, or who enters into any agreement, combination, or conspiracy to defraud the Government of the United States, or any De- partment or officer thereof, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim, or who, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, who, with intent to defraud the United States or willfully to conceal such money or other property, delivers or causes 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, and every person 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, who makes or delivers 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, and every person who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into 310 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other per- son not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars. Embezzling SEC. 5439. Every person who steals or embezzles, or ar ibid 8tore8>etc ' knowingly applies to his own use, or who unlawfully sells, conveys, or disposes of, any ordnance, arms, ammunition, clothing, subsistence stores, money, or other property of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preceding section. My 17, 1879. That section fifty-four hundred and forty of the Revised 21 stat. L., 4. Statutes of the United States of America be amended so * to read as follows: for act of one. substitute for If two or more persons conspire either to commit any 100 u! I e , C 33^ 4 i2^ offense against the United States or to defraud the United ?if '' 7 26 ; 6 11 "' o ri ^ates in any manner or for any purpose, and one or more Biatch., lea? 16 of such parties do any act to effect the object of the con- woods '175 74^ 2 spiracy all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court. frSfdfn^^tor S]EC - 5441 * Everv person who willfully does any act or or claimant, etc., aids or advises in the doing of any act relating to the erty. prize prop ' bringing in, custody, preservation, sale, or other disposi- juneso, 1864, s. tion of any property captured as prize, or relating to any 3I see 1 8ec8. 3 4613- documents or papers connected with the property, or to any 4652, Prize. 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 property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. SEC. 5456. Every person who robs another of any kind of the or description of personal property belonging to the United States, or feloniously takes and carries away the same, shall i93,v.4,p.557. be punished by a fine of not more than five thousand dol- lars, or by imprisonment at hard labor not less than one nor more than ten years, or by both such fine and impris- onment. bidbo 1 nd rf et i c illg SEC. 5479. If any person shall falsely make, alter, forge, June 8, 'i872, s. or counterfeit, or cause or procure to be falsely made, Feb^7 17 i877 3 ch! a ^ ere( i, forged, or counterfeited, or willingly aid, or assist 69, v. 19, p. 253. in the false making, altering, forging, or counterfeiting, any see sec. 54 bond, bid, proposal, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defniml- ing the United States; or shall utter or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited bond, bid, proposal, guar- antee, security, official bond, public record, affidavit, or FRAUD, FORGERY, THEFT GUANO ISLANDS, ETC. 311 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 to or procure 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, guarantee, security, official bond, public 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 punishable by a tine of not more than one thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such punishments. That any person who shall embezzle, steal, or purloin any Mar - 3, 1876. money, property, record, voucher, or valuable thing what- Embezzling, ever, of the moneys, goods, chattels, records, or property fJjjJ^&iitJS of the United States, shall be deemed guilty of felony, and states deemed on conviction thereof before the district or circuit courtof the felony; P enalt y- United States in the district wherein said offense may have been committed, or into which he shall carry or have in pos- session of said property so embezzled, stolen, or purloined, shall be punished therefor by imprisonment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or both, at the discretion of the court before which he shall be convicted. SEC. 2. That if any person shall receive, conceal, or aid in ce ? wingly re ' concealing, or have, or retain in his possession with intent in^Te^., stolen, to convert to his own use or gain, any money, property, rec- J^ pr rp r i t 7 ,f ord, voucher, or valuable thing whatever, of the moneys, states; penalty, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall be convicted; and such receiver may be tried either before or after the May be tried conviction of the principal felon, but if the party has been conv e ic convicted, then the judgment against him shall be conclusive principal, evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. GUANO ISLANDS. Sec. Sec. 5570. Claim of United States to islands. 5;"71. Xotice of discovery, aud proofs to be furnished. 5572. Completion of proof in case of death 5577. Employment of land and naval of discoverer. 5573. Exclusive privileges of discoverer. 5574. Restrictions upon exportation. 5575. Regulation of guano trade. 5576. Criminal jurisdiction. forces. 5578. Right to abandon island. SEC. 5570. Whenever any citizen of the United States Title 72. discovers a deposit of guano on any island, rock, or key, not claim of united within the lawful jurisdiction of any other government, and 8 A^isfistSj not occupied by the citizens of any other government, and ^.^ii, P. 119. ' 312 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. takes peaceable possession thereof, and occupies the same, i such island, rock, or key may, at the discretion of the Presi- dent, be considered as appertaining to the United States. Notice of dis- SEC. 5571. The discoverer shall, as soon as practicable, proofeio be a f"r d & v6 n tice, verified by affidavit, to the Department of State, nished. of such discovery, occupation, and possession, describing 1 the island, rock, or key, and the latitude and longitude thereof, as jiear as may be, and showing that such posses- sion was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discov- ery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other gov- ernment, before the same shall be considered as appertain- ing to the United States. Completion of SEC. 5572. If the discoverer dies before perfecting proof o" disco?- f discovery or fully complying with the provisions of the erer. preceding section, his widow, heir, executor, or adntinis- i,v^7,'p'48 872 ' 8 'trator, shall be entitled to the benefits of such discovery, upon complying with the provisions of this Title; but nothing herein shall be held to impair any rights of discov- ery or any assignment by a discoverer heretofore recognized by the United States. Exclusive priv- SEC. 5573. The discoverer, or his assigns, being citizens ere? 8 c >T " of the United States, may be allowed, at the pleasure of 4 1 ^- 1 J 8 ' 1 J5J* Congress, the exclusive right of occupying such islands, 'rock, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a ves- sel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars for every ton taken while in its native place of deposit. Restrictions SEC. 5574. No guano shall be taken from any such island, Son n exp01 a rock, or key, except for the use of the citizens of the United July 28, 1868^8. States, or of persons resident therein. The discoverer, or Apr! 2, i8?3, 8. i, : his widow, heir, executor, administrator, or assigns, shall v. 17, p. 48. enter into bond, in such penalty and with such sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond ; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this Title. This section shall, however, be suspended in relation to all per- sons who have complied with the provisions of this Title, for five years from and after the fourteenth day of July, eighteen hundred and seventy-two. Regulation of SEC. 5575. The introduction of guano from such islands, g1 Aug. tl i l 8! e i856 l rocks, or keys, shall be regulated as in the coasting-trade a. 3, v/ii, P. 120! between different parts of the United States, and th<> same laws shall govern the vessels concerned therein. GUANO ISLANDS HABEAS CORPUS, ETC. 313 SEC. 5576. All acts done, and offenses or crimes com- di o t ^JJJ inaljuria " mitted, on any such island, rock, or key, by persons who ibid., a. 6. may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a mer- chant-ship or vessel belonging to the United States ; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. SEC. 5577. The President is authorized, at his discretion, f E 1 to employ the land and naval forces of the United States forcs, to protect the rights of the discoverer or of his widow, Ibid -.a.5. heir, executor, administrator, or assigns. SEC. 5578. Nothing in this Title contained shall be con- do ^ strued as obliging the United States to retain possession ibid., s. 4.' of the islands, rocks, or keys, after the guano shall have been removed from the same. HABEAS CORPUS. Sec. 751. Power of courts to issue writs of habeas corpus. 752. Power of judges to grant writs of habeas corpus. 753. Writs of habeas corpus when pris- oner is in jail. 754. Application for the writ of habeas corpus. 755. Allowance and direction of the writ. 756. Time of return. 757. Form of return. 758. Body of the party to be produced. 759. Day lor hearing. 760. Denial of return, counter-allega- tions, amendments. Sec. 761. Summary hearing; disposition of party. 762. In cases involving the law of nations, notice to be served on State attor- ney-general. 7615. Appeals in cases of habeas corpus to circuit court. Act Mar. 3, 1885. Appeal to Supreme Court. 765. Appeals, how taken. 766. Pending proceedings in certain cases, action by State authority void. Act Mar. 3, 1893. Habeas corpus cases, etc. SEC. 751. The Supreme Court and the circuit and dis- Title i3,chap. is. trict courts shall have power to issue writs of habeas Power of courts Sept. 24,1789, B. 14, v. 1, p. 81; Apr. 10, 1869, s. 2, v. 16, p. 44 ; Mar. 2, 1833, s. 7, v. 4, p. 634; Feb. 5, 1867,8. 1, v. 14, p. 385; Aug. 29, 1842, 8. 1, v. 5, p. 539. SEC. 752. The several justices and judges of the said tntwo courts, within their respective jurisdictions, shall have habeas corpus. power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restraint of liberty. SEC. 753. The writ of habeas corpus shall in no case, Writof ha | )ea8 .-. , . - T -m i corpus w n o n extend to a prisoner in jail, unless where he is in custody prisoner is in under or by color of the authority of the United States, or ja i dem . 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 Constitution or of a law or treaty of the United States; or, being a subject or citizen of a foreign state, and domiciled 314 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or ex- emption claimed under the commission, or order, or sanc- tion of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify. Application for SEC. 754. Application for a writ of habeas corpus shall tMMoorpos. ' a be made to the court or justice, or judge authorized to issue i v e ii 5> 3H? 7 ' 8 ' tue same kv complaint in writing, signed by the person for whose relief it is intended, setting forth the facts con- cerning 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. Allowance and SEC. 755. The court, or justice, or judge to whom such direction of the ,. ,. . , , ",, ' ' ** j ., /? i i writ. application is made shall forthwith award a writ of habeas idem. corpus, unless it appear, from the petition itself that the party is not entitled thereto. The writ shall be directed to the person in whose custody the party is detained. SEC. 756. Any per son to whom such writ is directed shall make due return thereof within three days thereafter, un- less the party be detained beyond the distance of twenty miles; and if beyond that distance and not beyond a dis- tance of a hundred miles, within ten days; and if beyond the distance of a hundred miles, within twenty days. fdem freturn ' SEC - 757 - Tne P ers 11 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. a^T^'tfe p?o 6 ^ EC> ^^* ^ ne l )ersou making the return shall at the same duee'd. time bring the body of the party before the judge who granted the writ. in Da y for hear - SEC. 759. When the writ is returned, a day shall be set idem. for the hearing of the cause, not exceeding five days there- after, unless the party petitioning requests a longer time. turn "counter at ^ EC * ^^* ^ ne P et ^i ner or the party imprisoned or re- iSionslamen^i- strained may deny any of the facts set forth in the return, n> idem or mav a ^ e S e an y other facts that may be material in the case. Such denials or allegations shall be under oath. The return and all suggestions made against it maybe amended, by leave of the court, or justice, or judge, before or after the same are filed, so that thereby the material facts may be ascertained. in^dTs^nloii SEC " 761 ' rriie court ? or justice, or judge shall proceed in of g party. P 8 a summary way to determine the facts of the case, by hear- idem. j u g the testimony and arguments, and thereupon to dispose of the party as law and justice require. voiving a th e e 8 iaw SEO< 762> w . neu a writ f habeas corpus is issued in the of nations notice case of any prisoner who, being a subject or citizen of a ^ ore ^ n sta ^ an( l domiciled therein, is committed, or con- fined, or in custody, by or under the authority or law of 1842 ' au y one f ** ie United Htates, or process founded thereon, on account of any act done or omitted under any alleged APPEALS IN HABEAS CORPUS CASES, ETC. 315 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, notice of the said proceeding, to be prescribed by the court, or justice, or judge at the time of granting said writ, shall be served on the attorney-general or other officer prosecuting the pleas of said State, and due proof of such service shall be made to the court, or justice, or judge before the hearing. SEC. 703. From the final decision of any court, justice, Appeals in , . ... 7 , . .. 'cases ot habeas or judge inferior to the circuit court, upon an application corpus to circuit for a writ of habeas corpus or upon such writ when issued, co jj; 29 1842 an appeal may be taken to the circuit court for the district v. 5, '539'; Feb. in which the cause is heard : p.W;**ii 27' 1. In the case of any person alleged to be restrained of 1868, a. 2, v,' 15! his liberty in violation of the Constitution, or of any law p< * or treaty of the United States. 2. In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is com- mitted or confined, or in custody by or under the authority or law of the United States, or of any State, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the com- mission, order, or sanction of any foreign state or sover- eignty, the validity and effect whereof depend upon the law of nations, or under color thereof. That section seven hundred and sixty-four of the Revised Mar. 3, 1895. Statutes be amended so that the same shall read as follows : "23 stat. L., 437. "From the final decision of such circuit court an appeal ^^oon^Sl may be taken to the Supreme Court in the cases described habeas corpus in the preceding section." ^substitute for R. S., sec. 764; R. S., sec. 763; 1891, Mar. 3, ch. 517, p. 901 ; 114 U. S.,564; 117 U.S., 241; 119 U.S., 586; 121 U. S., 89. SEC. 765. The appeals allowed by the two preceding sec- ta e p n peals ' how tioiis shall be taken on such terms, and under such regula- Aug. 29, 1842, tions and orders, as well for the custody and appearanceJ-^ 6 P-539; Feb. of the person alleged to be i n prison or confined or restrained p. 385.' of his liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default thereof, by the court or judge hearing the cause. SEC. 766. Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, J^ ^Jj> author - auy proceeding against the person so imprisoned or con- 1 idem.' fined or restrained of his liberty, in any State court, or by i 8 T j or under the authority of any State, for any matter so heard tWsection. and determined, or in process of being heard and deter- mined, under such writ of habeas corpus, shall be deemed null and void. 316 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Mar, s, 1893. That section seven hundred and sixty-six of the Revised 27 stat.L.,75i. Statutes be amended by adding thereto, at the end of said o section, the following words : iu six "Provided, That 110 such appeal shall be had or allowed after six months from the date of the judgment or order see note i. complained of." HOMESTEADS. Sec. Act Mar. 3, 1891. Who may enter certain unappropriated public lands. 2293. Persons in military or naval serv- ice, when and before whom to make affidavit. 2296. Homestead lauds not to be subject to prior debts. 2298. Limitation of amount entered for homestead. 2300. What minors may have the priv- ileges of this chapter. Act Mar. 3, 1891. Payment before expira- tion of five years, rights of appli- cant. Sec. 2304. Soldiers' and sailors' homestead. 2305. Deduction of military and naval service from time, etc. 2308. Actual service in the Army or Navy equivalent to residence, etc. 2309. Who may enter by agent. Act May 6, 1886. Homestead settlers, etc. Act Mar. 2, 1889. What public lands sub- ject to private entry. Act Dec. 29, 1894. Settlers may enter, etc. Mar. s, 1891. SEC. 2289. Every person who is the head of a family, or 26stat > L 109? wno nas arr ^ ve( l a * the a g e of twenty-one years, and is a who may make citizen of the United States, or who has filed his declaration en R ri s 8 ,'sec. en " of intention to become such, as required by the naturaliza- Substitute for tion laws, shall be entitled to enter one-quarter section, or a law.' 1 86C8 ' 2289> less quantity, of unappropriated public lands, to be located . J^Jfv^fi- in a body in conformity to the legal subdivisions of the 18-. 8. -0, T). 1 29 ; 11* i i May 20, 1862, s. 1. public lands J v.!2,p. 392;Feb, 11, 1874, ch. 25, Owner of over But no person who is the proprietor of more than one ^ire c no 8 rights c " hundred and sixty acres of land in any State or Territory, 1890, Aug. so, shall acquire any right under the homestead law. ch. 837, par. 3, p. 791 And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. _ Persons in mil- SEC. 2293. In case of any person desirous of availing 8ervic r e, n wheil himself of the benefits of this chapter; but who, by reason and before whom o f actual service in the military or naval service of the tomakeanulavit. --.- ., . r*i -i -i T n -i T Mar. 21, 1864, s. United States, is unable to do the personal preliminary 4, v. 13, p. 35. acts at the district land-office * * *; and whose family, or some member thereof, is residing on the land which lie desires to enter, and upon which a bona-fide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the service in \vhich the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver j and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the applica- tion and affidavit are accompanied by the fee and conimis sions as required by law. Note l.Aa to the court to which appeals should be taken in habeas corpus cases, see 1891, Mar. 3, ch. 517, sees. 5, 6 (1 Supp. R. S., 903), and 144 U. S., 47. HOMESTEAD ENTRIES ON PUBLIC LANDS, ETC. 317 SEC. 2296. No lauds acquired under the provisions of this. Homestead , . 1*11 " A i / j- 1*111(18 nOL tO D6 chapter shall in any event become liable to the satisfaction subject to prior of any debt contracted prior to the issuing of the patent de M f * y 20 1862 8 therefor. 4 - v - 12, V^s."' SEC. 221)8. No person shall be permitted to acquire title Limitation of . _ . , , HlIIOUIl li dll-CTuil to more than one quarter-section under the pro visions of tor homestead. this chapter. ,, * l \if^' ' That from and after the passage of this act no public Mar. 2, isso. lands of the United States, except those in the State of $**& Missouri shall be subject to private entry. except in Mis- souri subject hereafter to pri- vate entry. R. S., sees. 2353- 3762. June 22, 1874, ch. 422 and note, p. 40; Mar. 3, 1891, ch. 561, s. SEC. 2. That any person who has not heretofore perfected ' Homestead en- title to a tract of laud of which he has made entry under the homestead law, may make a homestead entry of n exceeding one-quarter section of public land subject to e K. e s.sec y 2298. such entry, such previous filing or entry to the contrary ch M 5i 3 8 ' 5 189 p' notwithstanding ; but this right shall not apply to persons 942. who perfect title to lands under the pre-emption or home- stead laws already initiated j Provided, That all pre-emption settlers upon the public lands whose claims have been initiated prior to the passage initialed* of this act may change such entries to homestead entries g^ a a n d g e n tr h me and proceed to perfect their titles to their respective claims n. s., sec.' 2301. under the homestead law notwithstanding they may have^^i, 3 8 '. J 89 p! heretofore had the benefit of such law, but such settlers 943. who perfect title to such claims under the homestead law shall not thereafter be entitled to enter other lands under the pre-emption or homestead laws of the United States. That section three of the said Act of March second, Dec. 29, 1894. eighteen hundred and eighty-nine, be amended by adding 2 g stat. L., 599. thereto the following provision: That if any such settler has heretofore forfeited his or Public lands, her entry for any of said reasons, such person shall be per- te^if^oiSeren- mitted to make entry of, not to exceed a quarter section on try' unavoidably any public land subject to entry under the homestead law, ^Ma'r.^ 1889, ch. and to perfect title to the same under the same conditions 3 si ; s. 3 (i supp. in every respect as if he had not made the former entry. ste SSte 2. SEC. 5. That any homestead settler who has heretofore Homestead set- entered less than one-quarter section of land may enter OTterup 8 to I !rae other and additional land lying contiguous to the original quarter section entry, which shall not, with the land first entered and proof! occupied, exceed in the aggregate one hundred and sixty ^s., sees. 2304- acres without proof of residence upon and cultivation of Mar. 3, i89i, s. the additional entry; and if final proof of settlement and 5> ch> 561> p - 942> Note 1. The pre-emption law web repealed by act of March 3, 1891. (Chap. 561, sec. 4, p. 942.) Note 2. The act of July 1, 1879, settlers were protected from absence of one year in consequence of the destruction of crops by grasshoppers. Previous acts permit- ting settlers to be absent from their lands in specified years, on account of injury by the grasshoppers, are as follows : June 18, 1874, ch. 308, December 28, ch. 10, 18 Stat. L., 81, 294 ; May 20, 1876, ch. 102, June 19, ch. 134; March 3, 1877, ch, 127, 19 Stat. L., 54, 59, 405 ; June 1, 1878, ch. 148, and June 14, ch. 190, 20 Stat. L., 88, 113. 318 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. cultivation has been made for the original entry, when the additional entry is made, then the patent shall issue with- out further proof: Provided, That this section shall not apply to or for the benefit of any person who at the date of making applica- tion for entry hereunder does not own and occupy the lauds covered by his original entry: not .P^^ And provided, That if the original entry should fail for be v"fd ma iy any reason, prior to patent or should appear to be illegal or fraudulent, the additional entry shall not be permitted, or if having been initiated shall be canceled. Persona enti- g EC Q That every person entitled, under the provisions tied to home- ,, ,. IT i steads who have of the homestead laws, to enter a homestead, who has here- Sr d feS"may ^- *^ ore com i } ^ e( ^ with or who shall hereafter comply with ter quarter sec- the conditions of said laws, and who shall have made his ^MarX'isoi.ch. niia ^ P l> oof thereunder for a quantity of land less than one 56i, s. 5, p. 942. hundred and sixty acres and received the receiver's final receipt therefor, shall be entitled under said laws to enter as a personal right, and not assignable, by legal subdivi- sions of the public lands of the United States subject to homestead entry, so much additional land as added to the quantity previously so entered by him shall not exceed one hundred and sixty acres : Patent not to Provided. That in no case shall patent issue for the land issue without ,, -,*,., i , T ^ i - residence. covered by such additional entry until the person making such additional entry shall have actually and in conformity with the homestead laws resided upon and cultivated the lands so additionally entered and otherwise fully complied with such laws: soldiers' cer- Provided, also, That this section shall not be construed fected 68 * f as affecting any rights as to location of soldiers' certificates 2309 S '' 8ec8 ' 23 4 ' nere ^ofore issued under section two thousand three hundred and six of the Eevised Statutes, what minors g EC 2300. JSTo person who has served, or may hereafter may have the _ . \ , 7 , -.1 privileges of this serve, for a period not less than fourteen days in the Army chapter or ^ av y O f the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. Mar. 8, 1891. . SEC. 6. That section twenty-three hundred and one of 26Stat.L.,:o95. the Revised Statutes be amended so as to read as follows: " SEC. 2301. Nothing in this chapter shall be so construed as * P reven ^ anv . P erson wno shall hereafter avail himself idence. " of the benefits of section twenty- two hundred and eighty B S s b * 1 23oi for n * De fr m paying the minimum price for the quantity of ibid., a. s. laud so entered at any time after the expiration of fourteen calendar months from the date of such entry, and obtain- ing a patent therefor, upon making proof of settlement and of residence and cultivation for such period of fourteen months." sa^/or? 8 home d 8EC ' 2304 - Every private soldier and officer who has stead. ^ served in the Army of the United States during the recent rebellion, for ninety days, and who was honorably dis- charged, and has remained loyal to the Government, in : HOMESTEAD ENTRIES ON PUBLIC LANDS, ETC. 319 eluding the troops mustered into the service of the United States by virtue of the third section of an act approved February thirteen, 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 rebellion, for ninety days, and who was honorably dis- charged, and has remained loyal to the Government, shall, on compliance with the provisions of this chapter, as here- inafter 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 re- served 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 locat- ing his homestead, and filing his declaratory statement, within which to make his entry and commence his settle- ment and improvement. SEC. 2305. The time which the homestead settler has ^^^ n f served in the Army, Navy, or Marine Corps shall be deducted vai service from from the time heretofore required to perfect title, or if dis- ^n^ * charged 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 required 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 com- menced his improvements. SEC. 2308. Where a party at the date of his entry of a . A ' tual A 8ervice P i -i i ,11 i -, i , in the Army or tract of land under the homestead laws, or subsequently Navy equivalent 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 military 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. 2309. Every soldier, sailor, marine, officer, or other who may enter person coming within the provisions of section twenty- three ^BST**. 5, P . hundred and four, may, as well by an agent as in person, 334 - enter upon such homestead by filing a declaratory state- ment, as in pre-emption 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 requirements of law. 320 LAWS RELATING TO THE NAVY ; MARINE CORPS, ETC. IMPORTATIONS, ETC. Sec. I Sec. 1624. Importing in public vessels. | 2791. Public vessels need not enter. Title is,chap. io. SEC. 1624, Art. 12. No person connected with the Navy importing in shall, under any pretense, import in a public vessel any Juiy3o 8 m6,s. article which is liable to the payment of duty. 10, v. 9, p. 44. See sec. 2760, Reve- nue-Cutter Serv- ice. Title 34, chap. 4. g ECt o 791> j t g^aH not be necessary for the master of any Public vessels vessel of war, or of any vessel employed by any prince, or ne M d ar!2 t ! Tr^'s. state, as a public packet for the conveyance of letters and 31 ' ' 661 ' dispatches, and not permitted by the laws of such prince or state to be employed in the transportation of merchandise, in the way of trade, to make report and entry. LIGHT-HOUSE BOARD AND LIGHTS AND BUOYS. Sec. 4653. Organization of the Light-House Board. 4654. President of the Board. 4655. Chairman. Act July 26, 1886. Light-house districts. Sec. 4679. Restriction on compensation of offi- cers, etc. 4680. Officers, etc., not to be interested in contracts. Act July 26, 1886. Jurisdiction over cer- tain rivers. 4671. Light-house inspectors. 4*578. Color of buoys prescribed. Title 55. SEC. 4653. The President shall appoint two officers of the Organization Navy, of high rank, two officers of the Corps of Engineers Hou^eBoaiS. 11 * * ^ ne Army, and two civilians of high scientific attain ug. si, 1852,8. ments, whose services may be at the disposal of the Presi s, v. 10, p. 119. dent, together with an officer of the Navy and an officer of engineers of the Army, as secretaries, who shall con- stitute the Light-House Board. ^r^dent of g EC . 4654. The Secretary of the Treasury shall be ex- ibid a , r s.'9. officio president of the Light-House Board. Chairman. SEC. 4655. The Light-House Board shall elect, by ballot, one of their number as chairman of the board, who shall preside at their meetings, when the president is absent, and shall perform such acts as may be prescribed by the rules of the board. July 26, 1886. That section forty-six hundred and seventy of the Re vised 24Stat.L.,i48. Statutes is hereby amended so as to read as follows : trict?m\ U tesix "The Light-House Board shall arrange the ocean, gulf, teen. 8m * lake, and river coasts of the United States into light-house R S s\ b sec!467o for districts, not exceeding sixteen in number. Person's over "That any law or regulation prohibiting the employment servTTn^iigi't in the light-houses of the United States of persons of more houses. than forty-five years of age be and the same is hereby repealed." Light-house SEC. 4671. An officer of the Army or Navy shall be "bid., 8 8. 12. assigned to each district as a light-house inspector, subject to the orders of the Light-House Board; and shall receive for such service the same pay and emoluments that he would be entitled to by law for the performance of duty in the regular line of his profession, and no other, except the legal allowance per mile, when traveling under orders con- nected with his duties. Note 1. The free list showing the articles which are admitted free of duty may be found in the act of July 24, 1897, and is too long to bo inserted in ;this compilation. (See Stat. L., vol. 30, p. 151.) LIGHT-HOUSE BOARD, LIGHTS, BUOYS, ETC. 321 SEC. 4678. All buoys along* the coast, or in bays, harbors, sounds, or channels, shall be colored and numbered, so thatsept 23., 1350, passing up the coast or sound, or entering the bay, harbor, 8 - 6, v, 9, p. 504. or channel, red buoys with even numbers shall be passed on the starboard hand, black buoys with uneven numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in channel- ways shall be colored with alternate white and black perpendicular stripes. SEC. 4679. No additional salary shall be allowed to any on R c e 8 ^"^ t fP; civil, military, or naval officer on account of his being o? officers" e*c n employed on the Light-House Board, or being in any man- s $?**$' 1 f^* ner attached to the light-house service. SEC. 4680. No member of the Light- House Board, officers, etc., , . , , , ,, . 7 nottobemterest- mspector, light-keeper, or other person in any manner con- edin contracts. nected with the light-house service, shall be interested, Ibid - either directly or indirectly, in any contract for labor, materials, or supplies for the light-house service, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the light-house service. That the jurisdiction of the Light-House Board, created June 28, 1874. by the act entitled ;t An act making appropriations for light- jurisdiction of houses, light boats, buoys, and so forth, and providing for 0^ extended 8 the erection and establishment of the same, and for other 1352, ch. 112, s, purposes," approved August thirty- first, eighteen hundred 8(Vflo ' p>118 ' and fifty-two, is hereby extended over the Mississippi, Ohio, and Missouri Rivers, for the establishment of such beacon- lights, day-beacons, and buoys as may be necessary for the use of vessels navigating those streams; and for this pur- Additional pose the said board is hereby required to divide the desig- ^cts'! 101186 dis " nated rivers into one or two additional light-house districts, June23, 1374, r. to be in all respects similar to the already existing light- 18> p * 204< house districts; and is hereby authorized to lease the nec- essary ground for all such lights and beacons as are used to point out changeable channels, and which in consequence cannot be made permanent. 376 - 21 322 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. MERCHANT VESSELS AND SERVICE. YACHTS. Sec. 4511. Shipping-articles. 4512. Rules for shipping-articles. Act June 9, 1874. Vessels in coastwise trade, etc. Act Feb. 18, 1895. Shipment of merchant seamen. 4513. Exceptions as to shipping-articles. 4514. Penalty for shipping without agree- ment. 4515. Penalty forknowingly shipping sea- men without articles. 4516. Lost seamen may be replaced. 4517. Shipping seamen in foreign ports. 4518. Penalty tor violating preceding sec- tion. 4538. Effects of deceased seamen. 4539. Proceedings in regard to effects. 4540. Penalty for neglect in regard to sea- men's effects. 4541. Duties of consular officers in regard to deceased seamen's effects. 4548. Wages payable in gold. 4559. Appointment of inspectors by con- sul in foreign ports. 4560. Report of inspectors. Act June 26, 1894. Discharge of seamen and payment of extra wages on account of unseaworthiness of vessel. Sec. 4562. Payment of charges for inspectic 4563. Refusal to pay wages, charges, a ion. . charges, ami damages; penalty. 4565. Examination of provisions. 4566. Forfeiture for false complaint. 4567. Permission to outer complaint. 4577. Return of seamen. Act June 26, 1884. Destitute seamen to be transported to United States by masters of vessels at cost of United States. Penalty for re- fusal. 4579. Additionalallowancofortransporta- tion of destitute seamen. Act June 26, 1884. Discharge of seamen and payment of wages. 4581.. Penalty for neglect to collect extra wages. Act June 26, 1884. Extra wages upon dis- charge in case of sale. Act June 26, 1884. Extra wages when voyage is prolonged or discharge is for injuries received. 4589. Protest upon impressment. Act June 26, 1884. Reclamation and dis- charge of deserters. 5363. Abandonment of mariners. cles. SEAMEN. Title 53, chap. 2. SEC. 4511. The master of every vessel bound from a port shipping arti- in the United States to any foreign port other than vessels June 7 1872 s eu g a g e( l ^ n trade between the United States and the Brit 12, V ne i7i p. 264| ish North American possessions, or the West India Islands, J 7 an - ij-j l873 ' v - or the Eepublic of Mexico, or of any vessel of the burden 19 A. G. op., p. of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned; and every such agreement shall be, as near as may be, in the form given in the table marked A, in the schedule annexed to this Title, and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars : First. The nature, and, as far as practicable, the duration of the intended voyage or engagement, and the port or country at which the voyage is to terminate. Second. The number and description of the crew, speci- fying their respective employments. Third. The time at which each seaman is to be on board, to begin work. Fourth. The capacity in which each seaman is to serve. Fifth. The amount of wages which each seaman is to receive. Rules for ship- SEC. 4512. The following rules shall be observed with ping articles. June 7, 1872, s. respect to agreements : 13, v. IT, p. 265. First. Every agreement, except such as are otherwise specially provided for, shall be signed by each seaman in the presence of a shipping commissioner. MERCHANT VESSELS AND SERVICE YACHTS, ETC. 323 Second. When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the shipping-commissioner, and the other part shall con- tain a special place or form for the description and signa- tures of persons engaged subsequently to the first departure of the ship, and shall be delivered to the master. Third. Every agreement entered into before a shipping- commissioner shall be acknowledged and certified under the hand and official seal of such commissioner. The cer- tificate of acknowledgment shall be indorsed on or annexed to the agreement; and shall be in the following form: " State of , County of : "On this day of , personally appeared before me, a shipping-commissioner in and for the said county, A. B., C. JX, and E. F., severally known to me to be the same persons who executed the foregoing instrument, who each for himself acknowledged to me that he had read or had heard read the same; that he was by me made ac- quainted with the conditions thereof, and understood the same; and that, while sober and not in a state of intoxica- tion, he signed it freely and voluntarily, for the uses and purposes therein mentioned." That none of the provisions of an act entitled "An act to June 9 1874 authorize the appointment of shipping commissioners by is stat. L., 04. the several circuit courts of the United States to super- intend the shipping and discharge of seamen engaged IP merchant ships belonging to the United States, and for the from further protection of seamen n shall apply to sail or vessels engaged in the coastwise trade, except the coastwise trade between the Atlantic and Pacific coasts, or in the lake-going trade touching at foreign ports or otherwise, or 453^-4545, 4549- in the trade between the United States and the British ]^orth American possessions, or in any case where the sea- JJJ. men are by custom or agreement entitled to participate in 2Loweii, SSL the profits or result of a cruise, or voyage. See note 1 - That chapter eight hundred and one of the Public Laws Feb. is, 1895. of the Fifty-first Congress, entitled " An Act to amend the 2 s stat. L., 667. Act relative to shipping commissioners, approved August nineteenth, eighteen hundred and ninety, is hereby amended me so as to read as follows : A???? isoo 801 (i Supp- K-S. 780). u When a crew is shipped by a shipping commissioner fo f ^^^7 Yn for any American vessel in the coastwise trade, or the trade coastwise "trade" between the United States and the Dominion of Canada, etc - Note 1. The act of June 7, 1872, ch. 322 (17 Stat. L., 262), is incorporated into the Revised Statutes in the sections noted in the margin. Tln-se provisions relate mainly to the shipment and discharge of crews by ship- ping commissioners. .Such shipment and discharge are made by this act inapplicable to tlit) crews of vessels engaged in the coastwise trade, but June 19, 1886, ch. 421, s.2 (1 Supp. R. S., 493), makes the shipment and discharge of such crews permissible, arid Aug. 19, 1890, ch. 801 (1 Supp. R. S., 780), makes it compulsory. For these reasons the act in the text appeared to the editor to be superseded by those of 1886 and 1890, and was omitted from the second edition of the first volume of this work. There seems to be some question, however, whether the act in the text is not still BO far in force as to prevent the operation of R. S., sec. 4536, upon crews of vessels in the coastwise trade. The editor followed the opinion of Judge Benedict in McCarty v. Steam Propeller City of New Bedford (4 Fed. Rep., 821), that the provisions of R. S., sec. 4536, are unaffected by the act of 1874, and therefore omitted the act. It seems, however, that there is a difference of opinion on that point, and the act is therefore here restored. 324 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ch J 42i e 8! I 8 nd or ^ ew Foundland, or tbe West Indies, or Mexico, as note, s! 2 8 (iSupp. authorized by section two of an Act approved June niiie- R.s.,493). teenth, eighteen hundred and eighty- six, entitled "An Act to abolish certain fees for official services to American ves- sels, and to amend the laws relating to shipping commis- sioners, seamen, and owners of vessels, and for other pur- poses," an agreement shall be made with each seaman engaged as one of such crew in the same manner as is pro- RS)8ec8 4511 vided by Sections four thousand five hundred and eleven 4512. '' ' and four thousand five hundred and twelve of the Eevised Statutes, omissions. not however including the sixth, seventh and eighth 6,?,'f' )451llpar8 'items of Section four thousand five hundred and eleven; 'posting agree- and such agreement shall be posted as provided in Sec- B.fk, sec. 4519. tion four thousand five hundred and nineteen. wages, etc. and such seamen shall be discharged and receive their 45^b S '4535,''4536; wages as provided by the first clause of. Section four thou- 4542! 4547! 4549,' sand five hundred and twenty-nine and also by Sections four thousand five hundred and twenty-six, four thousand five hundred and twenty-seven, four thousand five hundred and twenty eight, four thousand five hundred and thirty, four thousand five hundred and thirty-five, four thousand five hundred and thirty- six, four thousand five hundred and forty-two, four thousand five hundred and forty-three, four thousand five hundred and forty-four, four thousand five hundred and forty-five, four thousand five hundred and forty-six, four thousand five hundred and forty-seven, four thousand five hundred and forty-nine, four thousand five hundred and fifty, four thousand five hundred and fifty- one, four thousand five hundred and fifty- two, four thou- sand five hundred and fifty-three and four thousand five hundred and fifty-four of the Eevised Statutes ; shipment, how but in all other respects such shipment of seamen and such shipping ageement shall be regarded as if both ship- ment and agreement had been entered into between the master of a vessel and a seaman without going before a shipping commissioner: clothing ex- Provided, That the clothing of any seaman shall be ex- tacment m t "empt from attachment, and that any person who shall detain such clothing when demanded by the owner shall be liable to a penalty of not exceeding one hundred dollars." ^Exception's SEC. 4513. The section forty- five hundred and eleven shall del lp J not apply to masters of vessels where the seamen are by Feb 6 27 8 i877 ai ^ cus tom or agreement entitled to participate in the profits 19, p. 252. or result of a cruise or voyage, nor to masters of coastwise nor to masters of lake-going vessels that touch at foreign ports; but seamen may, by agreement, serve on board such vessels a definite time, or, on the return of any vessel to a port in the United States, may reship and sail in the same vessel on another voyage, without the payment of additional fees to the shipping-commissioner, by either the seaman or the master. Penalty for SEC. 4514. If any person shall be carried to sea, as one of the crew on board of any vessel making a voyage as here- . , 1872, s . inbefore specified, without entering into an agreement AVI th MERCHANT VESSELS AND SERVICE YACHTS, ETC. 325 the master of such vessel, in the form and manner, and at the place and times in such cases required, the vessel shall be held liable for each such offense to a penalty of not more than two hundred dollars. But the vessel shall not be held liable for any person carried to sea, who shall have secretly stowed away himself without the knowledge of the master, mate, or of any of the officers of the vessel, or who shall have falsely personated himself to the master, mate, or officers of the vessel, for the purpose of being carried to sea. SEC. 4515. If any master, mate, or other officer of a ves- kn ^ u a \y y sh i p r sel knowingly receives, or accepts, to be entered on board ping seamen of any merchant- vessel, any seaman who has been engaged w i^ ut SUE??; or supplied contrary to the provisions of this Title, the ves- steamship' city sel on board of which such seaman shall be found shall, for Biat&MsJ. ' 1] every such seaman, be liable to a penalty of not more than two hundred dollars. SEC. 4516. In case of desertion, or of casualty ^^^B^^ in the loss of one or more seamen, the master may ship a m june number equal to the number of whose services h e has been 34 ' V>17 'P- 265> deprived by desertion or casualty, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding sections. SEC. 4517. Every master of a merchant- vessel who en- shipping sea- i .L/'JI TT -j -i nj_ i men in foreign gages any seaman at a place out ot the United States, in ports. which there is a consular officer or commercial agent, shall, Ibid -' 8 - 15> before carrying such seaman to sea, procure the sanction of such officer, and shall engage seamen in his presence; and the rules governing the engagement of seamen before a shipping commissioner in the United States, shall apply to such engagements made before a consular officer or com- mercial agent; and.upon every such engagement the con- sular officer or commercial agent shall indorse upon the agreement his sanction thereof, and an attestation to the effect that the same has bee'n signed in his presence, and otherwise duly made. SEC. 4518. Every master who engages any seaman in Penalty foryio- any place in which there is a consular officer or commercial lection? 1 * agent, otherwise than as required by the preceding section, Ibid - shall incur a penalty of not more than one hundred dollars, for which penalty the vessel shall be held liable. SEC. 4538. Whenever any seaman or apprentice belong- Title 53, chap. 3. ing to or sent home on any merchant- vessel, whether a Effects of de- foreign-going or domestic vessel, employed on a voyage ce ju^? e T a i872'8 which is to terminate in the United States, dies during 43, v. n.'p. 27!.' such voyage, the master shall take charge of all moneys, clothes, and effects which he leaves on board, and shall, if he thinks fit, cause all or any of such clothes and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the official log book, and cause it to be attested by the mate and one of the crew, containing the following particulars: First. A statement of the amount of money so left by the deceased. 326 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Second. In case of a sale, a description of each article sold, and the sum received for each. Third. A statement of the sum due to deceased as wages, and the total amount of deductions, if any, to be made therefrom. Proceedings in SEC. 4539. In cases embraced by the preceding section, ^deceased 8ea 8 the following rules shall be observed: m ibid s 44 First. If the vessel proceeds at once to any port in the United States, the master shall, within forty-eight hours after his arrival, deliver any such effects remaining unsold, and pay any money which he has taken charge of, or received from such sale, and the balance of wages due to the deceased, to the shipping- commissioner at the port of destination in the United States. Second. If the vessel touches and remains at some for- eign port before coming to any port in the United States, the master shall report the case to the United States con- sular officer there, and shall give to such officer any infor- mation he requires as to the destination of tbe vessel and probable length of the voyage; and such officer may, if he considers it expedient so to do, require the effects, money, and wages to be delivered and paid to him, and shall, upon such delivery and payment, give to the master a receipt; and the master shall within forty-eight hours after his ar rival at his port of destination in the United States produce the same to the shipping-commissioner there. Such con- sular officer shall, in any such case, indorse and certify upon the agreement with the crew the particulars with respect to such delivery and payment. Third. If the consular officer does not require such pay- ment and delivery to be made to him, the master shall take charge of the effects, money, and wages, and shall, within forty-eight hours after his arrival at his port of destination in the United States, deliver and pay the same to the shipping commissioner there. Fourth. The master shall, in all cases in which any sea- man or apprentice dies during the voyage or engagement, give to such officer or shipping-commissioner an account, in such form as they may respectively require, of the effects, money, and wages so to be delivered and paid; and no deductions claimed in such account shall be allowed unless verified by an entry in the official log-book, if there be any; and by such other vouchers, if any, as may be reasonably required by the officer or shipping-commissioner to whom the account is rendered. Fifth. Upon due compliance with such of the provisions of this section as relate to acts to be done at the port of destination in the United States, the shipping-commissioner shall grant to the master a certificate to that effect. No officer of customs shall clear any foreign-going vessel with- out the production of such certificate. a?d ^ EC * ^^. Whenever any master fails to take such charge a ef- of the money or other effects of a seaman or apprentice fe iw'd s 45 during a voyage, or to make such entries in respect thereof, or to procure such attestation to such entries, or to make MERCHANT VESSELS AND SERVICE YACHTS, ETC. 327 such payment or delivery of any money, wages, or effects of any seaman or apprentice dying during a voyage, or to give such account in respect thereof as is above directed, he shall be accountable for the money, wages, and effects of the seaman or apprentice to the circuit court in whose jurisdiction such port of destination is situate, and shall pay and deliver the same accordingly; and he shall, in ad- dition, for every such offense, be liable to a penalty of not more than treble the value of the money or effects, or, if such value is not ascertained, not more than two hundred dollars; and if any such money, wages, or effects are not duly paid, delivered, and accounted for by the master, the owner of the vessel shall pay, deliver, and account for the same, and such money and wages and tbe value of such effects shall be recoverable from him accordingly; and if he fails to account for and pay the same, he shall, in addi- tion to his liability for the money and value, be liable to the same penalty which is incurred by the master for a like offense; and all money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the courts and by the modes of proceeding by which seamen are enabled to recover wages due to them. SEC. 4541. Whenever any such seaman or apprentice dies gutor^Sncers 00 ^ at any place out of the United States, leaving any money regard to deceo* or effects not on board of his vessel, the consular officer of fects eaman 8 ef the United States at or nearest the place shall claim and ibid., s. 46. take charge of such money and effects, and shall, if he ' thinks fit, sell all or any of such effects, or any effects of any deceased seaman or apprentice delivered to him under the provisions of this Title, and shall quarterly remit to the district judge for the district embracing the port from which such vessel sailed, or the port where the voyage terminates, all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seamen or apprentices which have come to his hands; and shall render such accounts thereof as the district judge requires. SEC. 4548. Moneys paid under the laws of the United . Q wages payable States, by direction of consular officers or agents, at any Mar. '3, ISTS.V. foreign port or place, as wages, extra or otherwise, due 1?i p - 602 - American seamen, shall be paid in gold or its equivalent, without any deduction whatever, any contract to the con- trary notwithstanding. SEC. 4559. Upon a complaint in writing, signed by the Title 53, chap. 5. first, or the second and third officers and a majority of the Appointment of crew, of any vessel while in a foreign port, that such vessel consul in* foreign is in an unsuitable condition to go to sea, because she is port, leaky, or insufficiently supplied with sails, rigging, anchors, 5, pSefjufy '29; or any other equipment, or that the crew is insufficient toig> 8 - 6 v- 9 P- man her, or that her provisions, stores, and supplies are not, or have not been, during the voyage, sufficient and whole- some, thereupon, in any of these or like cases, the consul or a commercial agent who may discharge any duties of a Note 2. Unclaimed wages and effects, after six years, go to the fund for tbe relief of disabled and destitute seamen. (Sec. 4545.) 328 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. consul, shall appoint two disinterested, competent,, practi- cal men, acquainted with maritime affairs, to examine into the causes of complaint, who shall, in their report, state what defects and deficiencies, if any, they find to be well founded, as well as what, in their judgment, ought to be done to put the vessel in order for the continuance of her voyage. Report of in SEC. 4560. The inspectors appointed by any consul or Bp jSi\ r 26, 1840, v. commercial agent, in pursuance of the preceding section, 5, p. 396. shall have full power to examine the vessel and whatever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends of justice may require; and if, upon a view of the whole pro- ceedings, the consul or other commercial agent is satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval; or if he dissents, he shall certify his reasons for dissenting. Jane 26, 1884. SEC. 4. That section forty-five hundred and sixty-one of Discharge of the Eevised Statutes be amended so as to read as follows : o n f d e Jt a r y a " Sec. 4561. The inspectors in their report shall also state w ^ etnei ^ n ^ ne * r opinion, the vessel was sent to sea uiisuit- ably provided in any important or essential particular, by ne * ec * ; or design, or through mistake or accident; and in case it was by neglect or design, and the consular officer approves of such finding, he shall discharge such of the crew as request it, and shall require the payment by the master of one month's wages for each seaman over and above the wages then due. But if, in the opinion of the inspectors, the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty." SEO> 4562g Tne master SDa11 P ay a11 sucn reasonable charges for inspection under such complaint as shall be ibid. officially certified to him under the hand of the consul or commercial agent; but in case the inspectors report that the complaint is without any good or sufficient cause, the master may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reasonable damages for detention on that account as the consul or commercial agent directing the inouiry may officially certify. Refusal to SEC. 4563. Every master who refuses to pay such wages Sh y argeff i an(1 charges shall be liable to each person injured thereby a *?wk penl 39 y ' m Damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of one hundred dollars for each offense. Examination of SEC. 4565. Anythree ormore of thecrewof any merchant- pr jui?eTi872. 8 . vessel of the United States bound from a port in the United 36, v. 17, 'p. 269. States to any foreign port, or being of the burden of seventy- five tons or upward, and bound from a port on the Atlantic MERCHANT VESSELS AND SERVICE YACHTS, ETC. 329 to a port oil the Pacific, or vice versa, may complain to any officer in command of any of the vessels of the United States Navy, or consular officer of the United States, or shipping- commissioner or chief officer of the customs, that the pro- visions or water for the use of the crew are, at any time, of bad quality, unfit for use, or deficient in quantity. Such offi- cer shall thereupon examine the pro visions or water, or cause them to be examined; and if, on examination, such provi- sions or water are found to be of bad quality and unfit for use, or to be deficient in quantity, the person making such examination shall certify the same in writing to the master of the ship. If such master does not thereupon provide other proper provisions or water, where the same can be had, in lieu of any so certified to be of a bad quality and unfit for use, or does not procure the requisite quantity of any so certified to be insufficient in quantity, or uses any provisions or water which have been so certified as aforesaid to be of bad quality and unfit for use, he shall, in every such case, be liable to a penalty of not more than one hundred dollars; and upon every such examination the officers making or di- recting the same shall enter a statement of the result of the examination in the log-book, and shall send a report thereof to the district judge for the judicial district embracing the port to which such vessel is bound ; and such report shall be received in evidence in any legal proceedings. SEC. 4566. If the officer to whom any such complaint, in., forfeiture for , , , , . . ,, , % -. j_'n false complaint regard to the provisions or the water,, is made, certifies in ibid., B.ST. such statement that there was no reasonable ground for such complaint, each of the parties so complaining shall be liable to forfeit to the master or owner, out of his wages, a sum not exceeding one week's wages. SEC. 4567. If any seaman, while on board any vessel, shall state to the master that they desire to make complaint, in accordance with the two preceding sections, in regard to the provisions or the water, to a competent officer, against the master, the master shall, if the vessel is then at a place where there is any such officer, so soon as the service of the vessel will permit, and if the vessel is not then at such a place, so soon after her first arrival at such place as the service of the vessel will permit, allow such seamen, or any of them, to go ashore, or shall send them ashore, in proper custody, so that they may be enabled to make such com- plaint; and shall, in default, be liable to a penalty of not more than one hundred dollars. SEC. 4577. It shall be the duty of the consuls, vice-con- m ^ eturn of 8ea suls, commercial agents, and vice-commercial agents, from m rei>. 28, isoa, . time to time, to provide for the seamen of the United 4 ' v<2 ' p ' 204 ' States, who may be found destitute within their districts, respectively, sufficient subsistence and passages to some port of the United States, in the most reasonable manner, at the expense of the United States, subject to such instruc- tions as the Secretary of State shall give. The seamen shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. 330 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. June 26, 1884. S EC . 9. That section forty-five hundred and seventy-eight Disposal of ex- of the Bevised Statutes be amended so as to read as follows : sea- " SEC. 4578. All masters of vessels of the United States, ported toVnTtld ancl bound to some port of the same, are required to take states by mas- such destitute seamen on board their vessels, at the request cost f of e8 uuitei of consular officers, and to transport them to the port in the S ^ubstitute for ^ D ^ed States to which such vessel may be bound, on such R. s!, sec. "STB. T terms, not exceeding ten dollars for each person for voy- ch 18 42i J i8 l p a es f not more than thirty days, and not exceeding 497. ' twenty dollars for each person for longer voyages, as may be agreed between the master and the consular officer; and said consular officer shall issue certificates for such trans- portation, which certificates shall be assignable for collection. ^ an ^ suc ^ destitute seaman is so disabled or ill as to be unable to perform duty, the consular officer shall so certify able to do duty. j u ^he certificate of transportation, and such additional compensation shall be paid as the First Comptroller of the Treasury shall deem proper. Refusal by Every such master who refuses to receive and transport Kituteselmen! such seamen on the request or order of such consular officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certifi- cate of any such consular officer, given tinder his hand and official seal, shall be presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. Limit of obii- ]sj" o master of anv vessel shall, however, be obliged to gation. . , v , . , e 1886, June 19, take a greater number than one man to every one hundred ch^ 421, s. is, p. f ons burden of the vessel on any one voyage.'' " SEC - 10 - Tnat Jt sna11 ke, and is hereby, made unlawful in any case to pay any seamen wages before leaving the . P or ^ a * which such seaman may be engaged in advance of 734; 27 Fed. Rep'.; the time when he has actually earned the same, or to pay iHo' 24 '' such advance wages to any other person, or to pay any person, other than an officer authorized by act of Congress to collect fees for such service, any remuneration for the shipment of seamen. is Opins., 253. ^ nv p erson paying such advance wages or such remuner- ation shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not less than four times the amount of the wages so advanced or remunera- tion so paid, and may be also imprisoned for a period not exceeding six months, at the discretion of the court. The payment of such advanced wages or remuneration shall in no case, except as herein provided, absolve the ves- sel, or the master or owner thereof, from full payment of wages after the same shall have been actually earned, and shall be no defense to a libel, suit, or action for the recovery of such wages : Exemption of Provided. That this section shall not apply to whaling- whaling vessels. And provided further, * * * [ Words omitted, super- seded, 1886, June 19, eh. 421, s. 3, p. 493.] Penalty for And any person who shall falsely claim such relationship iation c hip. f re ~ to any seaman in order to obtain wages so allotted shall, MERCHANT VESSELS AND SERVICE - YACHTS, ETC. 331 for every such offense, be punishable by a fine of not exceed- ing five hundred dollars, or imprisonment not exceeding six months, at the discretion of the court. This section shall apply as well to foreign vessels as to section applies vessels of the United States; * * * [Words omitted,^ xHjH-rseded, 1886, June 19, cli. 421, s. 3, p. 493.] SEC. 4579. Whenever distressed seamen of the TJii-itcd j Additional i- States are transported from foreign ports where there is tran^jrotationof no consular officer of the United States, to ports of the^ itute 8ea - United States, there shall be allowed to the master or Feb. 28, mi, v. owner of each vessel, in which they are transported, such 2 ' p<651 - reason able compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the First Comptroller of the Treasury. SEC. 2. That section forty-five hundred and eighty of the June 2 6 , iss*. Revised Statutes be amended so as to read as follows: Discharge of "SEC. 4580. Upon the application of the master of vessel to a consular officer to discharge a seaman, or upon the R. application of any seaman for his own discharge, if it appears to such officer that said seaman has completed his shipping agreement, or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States, such officer shall discharge said seaman, and require from the master of said vessel, before such discharge shall be made, payment of the wages which may then be due said seaman ; But no payment of extra wages shall be required by any consular officer upon such discharge of any seaman except as provided in this act." SEC. 7. That section forty-five hundred and eighty-one of June 26 > 1884 - the Revised Statutes be amended so as to read as follows: penalty on con- " SEC. 4581. If any consular officer, when discharging any To seaman, shall neglect to require the payment of and collect ^f^titute for the. arrears of wages and extra wages required to be paid R.s.,sec-.458i. in the case of the discharge of any seaman, he shall be accountable to the United States to the full amount thereof. * * * [ Words omitted superseded, 1888, April 4, cli. 61, *. 3, p. 584.] " SEC. 5. That section forty-five hundred and eighty-two June 26, 1884. of the Eevised Statutes be amended so as to read as follows : Extra wages " SEC. 4582. Whenever a vessel of the United States is Sfcase of sai. sold in a foreign country, and her company discharged, it R^ shall be the duty of the master to produce to the consular officer the certified list of his ship's company, and also the shipping articles, and to pay to said consular officer for every seaman so discharged one month's wages over and above the wages which may then be due to such seaman; But in case the master of the vessel so sold shall, with the assent of said seaman, provide him with adequate employment on board some other vessel bound to the port at which he was originally shipped, or to such other port as may be agreed upon by him, then no payment of extra wages shall be required." 332 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. June 26, 1884. g EC< 3. That section forty-five hundred and eighty-three Extra wages of the Revised Statutes be amended so as to read as follows : "SEC. 4583. Whenever on the discharge of a seaman in a fr> re ig u country, on his complaint that the voyage is con- juries received, tinned contrary to agreement, the consular officer shall be K. S s!!tecJ453. for satisfied that such voyage has been designedly and unneces: sarily prolonged in violation of the articles of shipment, or whenever a seaman is discharged by a consular officer in consequence of any hurt or injury received in the service of the vessel, such consular officer shall require the pay- ment by the master of one month's wages for such seaman over and above the wages due at the time of discharge." Protest upon SEC. 4589. The master of every vessel of the United "SSy*!* 796, s. States, any of the crew whereof shall have been impressed 4, v.i, p. 477. or detained by any foreign power, shall, at the first port at which such vessel arrives, if such impressment or detention happened on the high seas, or if the same happened within any foreign port, then in the port in which the same hap- pened, immediately make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person im- pressed or detained; distinguishing also whether he was an American citizen; and, if not, to what nation he belonged. Such master shall also transmit, by post or otherwise, every such protest made in a foreign country, to the nearest consul or agent, or to the minister of the United States resident in such country, if any such there be; pre- serving a duplicate of such protest* to be by him sent immediately alter his arrival within the United States to the Secretary of State, together with information to whom the original protest was transmitted. In case such protest shall be made within the United States, or in any foreign country, in which no consul, agent, or minister of the United States resides, the same shall, as soon thereafter as practicable, be transmitted by such master, by post or oth.er- wise, to the Secretary of State. June 26, 1884. SEC. 6. That section forty- six hundred of the Revised Reclamation Statutes be amended so as to read as follows: " SEC. 4600. It shall be the duty of consular officers to su for rec ^ a * m deserters and discountenance insubordination by R. s, sec. 46oo. r every means within their power, and where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where deserters are apprehended the con- sular officer shall inquire into the facts; and if he is satis- fied that the desertion was caused by unusual or cruel treatment, he shall discharge the seaman, and require the master of the vessel from which such seaman is discharged to pay one month's wages over and above the wages then due; and the officer discharging such seaman shall enter upon the crew-list and shipping articles the cause of dis- charge, and the particulars in which the cruelty or unusual treatment consisted, and the facts as to his discharge or re-engagement, as the case may be, and subscribe his name thereto officially." MERCHANT VESSELS, SERVICE, ETC. 333 SEC. 5363. Every master or commander of any vessel Title 70, chap, s. belonging, in whole or part, to any citizen of the United Forcible aban- States, who, during his being abroad, maliciously and with- JSTSAlft out justifiable cause forces any officer or mariner of such foreign port^ vessel on shore, in order to leave him behind in any foreign 10?^ j>! in. 5 ' 8 ' port or place, or refuses to bring home again all' such offi- see note i. cers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be punished by a fine of not more than five hundred dol- lars, or by imprisonment not more than six months. VESSELS. Sec. 4131. What are vessels of the United States. By whom may be com- manded. 4132. What vessels are entitled to regis- ter. 4133. Vessels owned by nonresident citi- zens. 4134. Vessels owned by nonresident nat- uralized citizens. 4135. American vessel taking foreign flag. 4136. Wrecked vessels. 4146. Act Jan. 16, 1885. Certificate of reg- istry to be given upon loss of ves- sel. 4172. Failure to report sale to foreigner. 4177. Numbers for vessels. 4178. Act Feb. 21, 1891. Names of vessels to bo painted on bow and stern. 4179. Change of name of registered ves- sels. 4189. Penalty for fraudulent registry. 4190. Sea letters, to what vessels issued. 4191. Making or using forged sea letters. 4204. Conveyance of bullion, etc. Sec. 4207. Bates of consular fees. 4238. Vessels stranded on foreign coast. 4306. Passports of United States vessels on departure to foreign country. 4307. Penalty for departing without pass- port. 4308. Passports of unregistered vessels. 4309. Deposit of ship's papers with con- sul. 4310. Penalty for failure to deposit pa- pers with consul. 4573. List of crew to be delivered to col- lector. 4574. Act Mar. 3, 1813. List of crew to be examined, etc. 4575. Rules as to crew list. 5358. Plundering wrecked vessels, etc. 5364. Conspiracy to cast away vessel. 5365. Act Aug. 6, 1894. Owner destroying vessel at sea. 5366. Other person destroying vessel at sea. 5367. Attempt to destroy vessel at sea. 5423. Penalty for making false passports. SEC: 4131. Vessels registered pursuant to law, and no Title 48, chap. i. others, except such as shall be duly qualified, according to what are ves- law, for carrying on the coasting trade and fisheries, or one seisof the united of them, shall be deemed vessels of the United States, and By whom may entitled to the benefits and privileges appertaining to such ^j^^^^ vessels ; but they shall not enjoy the same longer than they i, T. i/p. 287. ' shall continue to be wholly owned by citizens and to be com- See note 2 - manded by a citizen of the United States. That the last clause of section forty-one hundred and June 20, iss*. thirty-one of the Eevised Statutes be amended so as to read 23 stat. L., 53. as follows : "All the officers of vessels of the United States shall be Be g ffi $ citizens of the United States, except that in cases where, states to beiti- on a foreign voyage, or on a voyage from an Atlantic to a zen8 > ce P* ctc - Note 1. The consular and diplomatic act passed July 1, 1882, appropriates $60,000 for the relief of American seamen in foreign countries." Note 2 An act approved Apr. 17, 1874, chap. 107, v. 18, p. 30, provides that any See act of Apr. alien, who in the manner provided for by law, has declared his intention of becoming 17, 1874, and act a citizen of the United States, and who 'may have been a permanent resident of the ol Apr. 5, 1882, United States for at least six months immediately previous to the granting of such title, "Pilots and license, may be licensed, as if already naturalized, as an engineer or pilot upon any pilotage." steam vessel subject to inspection under the provisions of the act of Feb. 28, 1871, v. 16, p. 440. An act approved Apr. 18, 1874, chap. 110, v. 18, p. 31, exempts canal boats or boats employed on the internal waters or canals of any State, excepting such as are pro- vided with sails or propelling machinery of their own adapted to lake or coastwise navigation and such as are employed in trade with the Canadas, from the provisions of the act of Feb. 18, 1793, and from the payment of all customs and other fees under any act of Congress. 334 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Sw" Ar 41 i7' P ac i nc P or ^ f the Umted States, any such vessel is for any ch. 107, p. s. r ' ' reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a per- son not a citizen of the United States until the first return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer." are^Vitied^ SEC * 4132 ' V 688618 ^ uilt within the United States, and register. 1 belonging wholly to citizens thereof, and vessels which may 288 dem> 8 ' 2> P ' ^ e captured in war by citizens of the United States, and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be reg- istered as directed in this Title. b Ve nonresident SEO : 4133< ^ vessel sua11 be entitled to be registered, or, citizens" 68 " if. registered, to the benefits of registry, if owned in whole ibid. or j n p ar by anv c itizen of the United States who usually resides in a foreign country, during the continuance of such residence, unless such citizen be a consul of the United States, or an agent for and a partner in some house of trade or copartnership, consisting of citizens of the United States actually carrying on trade within the United States. May 10, 1892. That the Secretary of the Treasury is hereby authorized 2?stat. L.,27. and directed to grant registers, as vessels of the United R^i^fers States, to such foreign-built steamships now engaged in granted to cer- freight and passenger business, and sailing in an established built. f n " line fr m a port in the United States, as are of a tonnage of 4] R^., sees. 4132, no t Jess than eight thousand tons, and capable of a speed Tonnage andof not less than twenty knots per hour, according to the speed. existing method of Government test for speed, of which not less than ninety per centum of the shares of the capital of the foreign corporation or association owning the same ownership, was owned January first, eighteen hundred and ninety, and has continued to be owned until the passage of this act by citizens of the United States, including as such citizens cor porations created under the laws of any of the States thereof, upon the American owners of such majority inter- American own- est obtaining a full and complete transfer and title to ti5e. to obtain such steamships from the foreign corporations owning the same: owners to Provided, That such American owners shall, subsequent tonnage of snips to the date of this law, have built, or have contracted to in Am eric an build, in American shipyards, steamships of an aggregate tonnage of not less in amount than that of the steamships so admitted to registry. Minimum ton- Each steamship so built or contracted for to be of a ton- nage of not less than seven thousand tons. KeTo'rT'of EC ' 2 * ^^ tne Secretary of the Treasury, on being transfer 01 satisfied that such steamships so acquired by American R - s -' 8ec - 4155 - citizen s, or by such corporation or corporations as above set forth, are such as come within the provisions of this act, and that the American owners of such steamships, for which an American registry is to be granted under the provisions hereof, have built or contracted to build in American ship- MERCHANT VESSELS, SERVICE, ETC. 335 yards steamships of an aggregate tonnage as set forth in the first section hereof, shall direct the bills of sale or trans- fer of the foreign-built steamships so acquired to be recorded in the office of the collector of customs of the proper col- lection district, and cause such steamships to be registered as vessels of the United States by said collector. After which, each of such vessels shall be entitled to all . vessels to en- the rights and privileges of a vessel of the United States, B^Jt^SS except that it shall not be employed in the coastwise trade tr *J le g 8ec 4m of the United States. SEC. 3. That no further or other inspection shall be re- quired for the said steamship or steamships than is now required for foreign steamships carrying passengers under the existing laws of the United States, and that a special certificate of inspection may be issued for each steamship registered under this act; and that before issuing the registry to any such steam- Measurement, ship as a vessel of the United States the collector of cus- et< toms of the proper collection district shall cause such steam- ship to be measured and described in accordance with the laws of the United States, which measurement and descrip- tion shall be recited in the certificate of registry to be issued under this act. SEC. 4. That any steamships so registered under the pro- visions 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, f isoi, Mar. s.ch. and if there shall be a disagreement as to the fair actual R 9 ^?^ Supp ' value at the time of taking between the United States and the owners, then the same shall be determined by two im- partial appraisers, one to be appointed by each of said par- ties, 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. 4134. No vessel shall be entitled to be registered as vessels owned a vessel of the United States, or, if registered, to the bene- nltninsed cm- fits of registry, if owned in whole or in part by any person ze j^ r 27 1804 g naturalized in the United States, and residing for more 1,^??. 296. ' than one year in the country from which he originated, or for more than two years in any foreign country, unless such person be a consul or other public agent of the United States. Nothing contained in this section shall be con- strued to prevent the registering anew of any vessel before registered, in case of a sale thereof in good faith to any citizen resident in the United States j but satisfactory proof of the citizenship of the person on whose account a vessel may be purchased shall be exhibited to the collector, before a new register shall be granted for such vessel. SEC. 4135. No vessel which has been recorded or reg- istered as an American vessel of the United States, pursu- en ag ant to law, and which was licensed or otherwise authorized c ' to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of 336 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the United States, except under provisions of law especially authorizing such registry. wrecked ves- g EC< 4136. The Secretary of the Treasury may issue a 86 Dec. 23, 1852, register or enrollment for any vessel built in a foreign coun- jV' 2^1866 ^h' fry? whenever such vessel shall be wrecked in the United 2iVv. 14, p. 212. 'States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfac- tion of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired. jn. is, 1885. SEC. 2. That section forty-one hundred and forty-six of 28 stat. L., 624. the Revised Statutes is hereby amended so as to read : Substitute for Certificate 'of SEC. 4146. A certificate of registry shall be solely used g!?en tr upon loss for the vessel for which it is granted, and shall not be sold, or destruction of i en t 7 or otherwise disposed of, to any person whomsoever; and in case the vessel so registered shall be lost, or taken by an enemy, burned, or broken up, or shall be otherwise prevented from returning to the port to which she may belong, the certificate, if preserved, shall be delivered up within eight days after the arrival of the master or person having the charge or command of such vessel within any district of the United States, to the collector of such district ; an( j jf an y foreigner, or any person for the use and ben- efit of such foreigner, shall purchase or otherwise become entitled to the whole, or any part or share of, or interest in such vessel, the same being within a district of the United States, the certificate shall, within seven days after such purchase, change, or tranfer of property, be delivered up to the collector of the district; and if any such pur- chase, change, or transfer of property shall happen when such vessel shall be at any foreign port or place, or at sea, then the master or person having the charge or command thereof shall, within eight days after his arrival within any district of the United States, deliver up the certificate to the collector of such district. Any master or owner violating the provisions of this sec- tificat ng r "tion shall be liable to a penalty of not exceeding five hun- dred dollars, and the certificate of registry shall be thence- forth void. fit SEC - 4172< If an y vessel registered as a vessel of the r United States shall be sold or transferred, in whole or in ' P ar tj by w ^y of trust, confidence, or otherwise, to a subject or citizen of any foreign prince or state, and such sale or transfer shall not be made known, as hereinbefore directed, such vessel, together with her tackle, apparel, and furni- ture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the jury before whom the trial for such forfeiture is had, that any other owner of such vessel, being a citizen of the United States, was wholly ignorant of the sale or transferto or ownership of such foreign subject or citizen, the share or interest of such citizen of the United States, shall not be subject to such forfeiture, and the residue only shall be so forfeited. MERCHANT VESSELS, SERVICE, ETC. 337 SEC. 4177. The Secretary of the Treasury shall have v J 8 "," lbcrs for power, under such regulations as he shall prescribe, to T jniv*28,i86e,8. establish and provide a system of numbering vessels so 13> v< i4) P- 331> registered, enrolled, and licensed; and each vessel so num- bered shall have her number deeply carved or otherwise permanently marked on her main beam; and if at any time she shall cease to be so marked, u Such vessel shall be lia- ble to a fine of thirty dollars on every arrival in a port of the United States, if she have not her proper official num- ber legally carved or permanently marked." That section forty-one hundred and seventy-eight, of the Feb. 21, i89i. Revised Statutes be, and the same is hereby, amended to 26 stat. L., 765. read entire as follows : " SEC. 4178. The name of every documented vessel of dl ^f t 88 aul?hiue the United States shall be marked upon each bow and upon pwttobemarked the stern, and the home port shall also be marked upon the stern. These names shall be painted, or carved and gilded, n. s., tt in Koinan letters in a light color on a dark ground, or in a dark color on a light ground, and to be distinctly visible. The smallest letters used shall not be less in size than four inches. If any vessels of the United States shall be found with- Penalty. out these names being so marked the owner or owners shall be liable to a penalty of ten dollars for each name omitted : Provided, Jioivever, That the names on each bow may be Limit of time. marked within the year eighteen hundred and ninety-one." SEC. 4179. No master, owner, or agent of any vessel of ^^jjf^ the United States shall in any way change the name of such sei regl vessel, or by any device, advertisement, or contrivance to 2 ^J ' . 57. 'shall annex thereto, in every case, a copy of the rates or tariffs of fees which diplomatic and consular officers are entitled, by the regulations prescribed by the President, to receive for their services. Title 48, chap. 5. SEC. 4238. Consuls and vice-consuls, in cases where ves- vesseis strand- sels of the United States are stranded on the coasts of coasta" foreigu their consulates respectively, shall, as far as the laws of Apr! 14, 1792, the country will permit, take proper measures, as well for s. a, v. i, p. 255. f-^e p Ur p Ose o f saving the vessels, their cargoes and appur- tenances, as for storing and securing the effects and mer- chandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken, shall, after deducting therefrom the expenses, be delivered to the owners. No consul or vice- consul shall have authority to take possession of any such merchandise, or other property, when the master, owner, or ^consignee thereof is present or capable of taking posses- sion of the same. Title 49. SEC. 4306. Every vessel of the United States, going to Passports of any foreign country, shall, before she departs from the ?^4* If an y vessel of the Ullited States shall depart passport. therefrom, and shall be bound to any foreign country, other MERCHANT VESSELS, SERVICE, ETC. 339 than to some port ill America, without such passport, the s 4< master of such vessel shall be liable to a peualty of two 8 ' hundred dollars for every such offense. SEC. 4308. Every unregistered vessel owned by a citizen U ^;. l j 8 !' i s r t t ( 8 r ^ of the United States, and sailing with a sea-letter, going to vessel?. 18 any foreign country, shall, before she departs from the 1 ^ a - 2 .J^ 3 ' 8 - United States, at the request of the master, be furnished ' by the collector of the district where such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescribed for vessels of the United States. SEC. 4309. Every master of a vessel, belonging to citizens Deposit of of the United States, who shall sail from any port of the wM olio? 6 United States, shall, on his arrival at a foreign port, deposit 2 ^ 28 ' Jjjos, s. his register, sea-letter, and Mediterranean passport with "' the consul, vice-consul, commercial agent, or vice-com- mercial agent, if any there be at such port; and it shall be the duty of such consul, vice-consul, commercial agent, or vice-commercial agent, on such master or commander pro- ducing to him a clearance from the proper officer of the port where his vessel may be, to deliver to the master all of his papers, if such master or commander has complied with the provisions of law relating to the discharge of sea- men in a foreign country, and to the payment of the fees of consular officers. SEC. 4310. Every master of any such vessel who refuses . Penalty for or neglects to deposit the papers as required by the pre- Jfapers with p con* ceding section, shall be liable to a penalty of five hundred 8u I 1 j )id dollars, to be recovered by such consul, vice-consul, com- mercial agent, or vice-commercial agent, in his own name, for the benefit of the United States, in any court of compe- tent jurisdiction. SEC. 4573. Before a clearance is granted to any vessel Title 53, chap. 6. bound on a foreign voyage or engaged in the whale-fishery, List of crew to the master thereof shall deliver to the collector of the cus- coiie d c e tor ered to toms a list containing the names, places of birth and resi- Feb. 28, is^s. dence, and description of the persons who compose his Apr.' 4, isJo, s. 2,' ship's company; to which list the oath of the captain shall v. 2, p. 370. be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them; and the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to receive the sum of twenty- five cents. SEC. 4574. In all cases of private vessels of the United 3 ^ f ) 3 g 1 9 813> 8 - States sailing from a port in the United States to a foreign ' List'oV crew to port, the list of the crew shall be examined by the collector eoiiecTor^and for the district from which the vessel shall clear, and, if certified, etc. approved of by him, shall be certified accordingly. No person shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list ' of the crew, approved and certified by the collector for the district from which the vessel shall clear. The collector, before he delivers the list of the crew, approved and certi- fied, to the master or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a 340 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. book- by him for that purpose to be provided, and the record shall be open for the inspection of all persons, and a certi- fied copy thereof shall be admitted in evidence in any court in which any question may arise under any of the provisions of this Title. Rules as to list SEC. 4575. The following rules shall be observed with VnT v W 2o, 1840, reference to vessels bound on any foreign voyage: SJs^&Veb 3 !!?' First. The duplicate list of the ship's company, required is??, v. b, P.*J! to be made out by the master and delivered to the collector of the customs, under section forty- live hundred and sev- enty-three, shall be a fair copy in one uniform handwriting, without erasure or interlineation. Second. It shall be the duty of the owners of every such vessel to obtain from the collector of the customs of the dis- trict from which the clearance is made, a true and certified copy of the shipping-articles, containing the names of the crew, which sball be written in a uniform hand, without erasures or interlineations. Third. These documents, which shall be deemed to con- tain all the conditions of contract with the crew as to their service, pay, voyage, and all other things, shall be produced by the master, and laid before anyconsui, or other commer- cial agent of the United States, whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance. Fourth. All interlineations, erasures, or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provi- sions of law which guard the rights of mariners. Fifth. If any master of a vessel shall proceed on a foreign voyage without the documents herein required, or refuse to produce them when required, or to perform the duties imposed by this section, or shall violate the provisions thereof, he shall be liable to each and every individual injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a iine of one hundred dollars for such offense. Sixth. It shall be the duty of the boarding-officer to report all violations of this section to the collector of the port where any vessel may arrive, and the collector shall report the same to the Secretary of the Treasury and to the United States attorney in his district. Title 70, chap. 3. g EC 5353^ Every person who plunders, steals, or destn >ys plundering any money, goods, merchandise, or other effects, from or ,"".' "' belonging to any vessel in distress, or wrecked, lost, 9 v I 4 r p 3 ii6 825 ' 8 ' strail(led or cast away, upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States; and every person who willfully obstructs the escape of any person endeavoring to save his life from such vessel, or the wreck thereof j and every person who MERCHANT VESSELS, SERVICE, ETC. 341 holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel, sailing upon the sea, into danger, or distress, or shipwreck, shall be punished by a fine of not more than five thousand dollars, and impris- oned at hard labor not more than ten years. SEC. 5364. Every person who, on the high seas, or within ^StSS^rS^Si the United States, willfully and corruptly conspires, coin- ibid., s. -JB, p. bines, and confederates with any other person, such other 12 person being either within or without the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafterward underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; and every person who, within the United States, builds, or fits out, or aids in building and fitting out, any vessel with intent that the same be cast away or destroyed with the intent hereinbefore mentioned, shall be punished by a fine of not more than ten thousand dollars, and by imprisonment at hard labor not more than ten years. That section fifty-three hundred and sixty-five of the A **g' fi 1894 Revised Statutes is hereby amended to read as follows : 28 stat. L., 233. Crimes at sea. See note 2. "SEC. 5365. Every person who, on the high seas, wiU-^^JJjVeSB5 fully and corruptly casts away or otherwise destroys any and punished, vessel of which he is owner, in whole or in part, with intent R. S S .^^5365!^ to prejudice any person that may underwrite any policy of See sec. 5323. insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be pun- ished by imprisonment for life, or for any term of years." SEC. 2. That section fifty-three hundred and sixty-six of 1 pir c F; 8e XT T-. j ou. i -i 1 A. *. -it i also Vessels of the Eevised Statutes is hereby amended so that it will read the Navy. as follows: See note 1. "SEC. 5366. Every person, not being an owner,. who, on by Ba ^ n r e y r ' J* the high seas, willfully and corruptly casts away or other- fined and 'pun- wise destroys any vessel to which he belongs, being the "substitute for property of any citizen, shall be punished by imprisonment K - 8ec - 5366 - for life, or for any term of years." SEC. 3. This act shall only apply to acts hereafter com- iv ^ ot retroact- mitted and shall not aifect any case or prosecution now lv pending. SEC. 5367. Every person, not being an owner, who, on Attempt to de- the high seas, willfully, with intent to destroy the same, sea y sets fire to any vessel, or otherwise attempts the destruc- 7 ^ ul y 29 4 1 0> " tion thereof, being the property of any citizen, shall suffer imprisonment at hard labor for a term of not more than ten years nor less than three years. SEC. 5423. If any person falsely makes, forges, counter- Titio7o,chap.5. feits, or alters any instrument in imitation of, or purporting Forging or ai- to be, an abstract or official copy, or certificate of the record- ?*5wwtS' ing, registry, or enrollment of any vessel, in the office ofhouse iiocu Note 2. The original sections of the Revised Statutes here referred to provide capital punishment for these offenses. 342 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Mar. 3 ^825. . tlll y collector of the customs, or a license to any vessel, for carrying on the coasting* trade, or fisheries of the United States, or a certificate of ownership, pass, passport, sea- letter, or clearance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document granted by any collector or other officer of the customs, by virtue of his office; or passes, utters, or publishes, or attempts to pass, utter, or publish, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, certificate, license, pass, passport, sea-letter, clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud, he shall be punished by a fine of not more than one thousand dollars, and by imprisonment at hard labor not more than three years. YACHTS. Sec. 4214. Act Jan. 16, 1895. Bond not re- quired. License of yachts. 4215. Signals of yachts. 4216. Yachts belonging to foreign yacht clubs. Sec. 4217. Commissions to yachts. 4218. Entry of yachts. Title 48, chap. 2. SEC. 4214. The Secretary of the Treasury may cause License ofyachts used and employed exclusively as pleasure vessels yJ Au t8 *7 1848 s or ( l es ig ne( l as models of naval architecture, if built and 2, v. b, 'p. 274'; owned in compliance with the provisions of sections forty - f.T I?,' if IT?;' one hundred and thirty-three to forty one hundred and Mar. 3,'i883, ch! thirty -five, to be licensed on terms which will authorize 13 seo'act 3 ail 6 ! e, them to proceed from port to port of the United States, 1895, amending an( j by sea to foreign ports, without entering or clearing this section. , ,, - , -IT' -, n i_ at the custom-house, such license shall be in such form as the Secretary of the Treasury may prescribe. The owner of any such vessel, before taking out such license, shall give a bond in such form and for such amount as the Sec- retary of the Treasury shall prescribe, conditioned that the vessel shall not engage in any trade, nor in any way violate the revenue laws of the United States; and shall comply with the laws in all other respects. Such vessels, so enrolled and licensed, shall not be allowed to transport merchandise or carry passengers for pay. Such vessels shall have their name and port placed on some conspicuous portion of their hulls. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the pro- visions of this title: Provided, That all charges for license. and inspection fees for any pleasure vessel or yacht shall not exceed five dollars, and for admeasurement shall not exceed ten cents per ton. Jan. 16, 1895. SEC. 4. That no bond shall be required on the licensing 28stat. L.,C24. of yachts; no licensed yacht shall engage in any trade, nor Bom!s 8 not re- il1 anv wav violate the revenue laws of the United States; quired. and every such yacht shall comply with the laws in all respects. MURDER, MANSLAUGHTER, MUTINY, ETC. 343 Section one of the act approved March third, eighteen ^?''Mar 21 *' hundred and eighty-three, amending section forty- two eh. 133 (isnpp* hundred and fourteen, Revised Statutes, and so forth, is KS " 412 > amended accordingly. SEC. 5. That any master or owner violating the provi- Penalt y- sions of this or the preceding section shall be liable to the penalty of two hundred dollars, in addition to any other penalty imposed by law. The Secretary of the Treasury shall have power to remit ^ ay be remit ' or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud. SEC. 6. That this Act shall not invalidate the bonds here- Boml8 in force - tofore given under the requirements of law. SEC. 4215. All such licensed yachts shall use a signal of a ^ t f nals of the form, size, and colors prescribed by the Secretary of the ya lug.'7, i848,s. Navy; and the owners thereof, shall at all times permit the 3 ' V>9)P - 274 - naval architects in the employ of the United States to examine and copy the models of such yachts. SEC. 4216. Yachts, belonging to a regularly organized in j^ b I yacht club of any foreign nation which shall extend like yacht dubs. privileges to the yachts of the United States, shall have 2 t the privilege of entering or leaving any port of the United States without entering or clearing at the custom-house thereof or paying tonnage tax. SEC. 4217. For the identification of yachts and their commissions to owners, a commission to sail for pleasure in any designated y Tbid 8 ,' s. 3. yacht belonging to any regularly organized and incorpo- rated -yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Secretary of the Treasury, and shall be a token of credit to any United States official, and to the authorities of any foreign power, for privileges enjoyed under it. SEC. 4218. Every yacht visiting a foreign country under Entry of yachts, the provisions of the four preceding sections shall, on her T1 return to the United States, make due entry at the custom- house of the port at which, on such return, she shall arrive. MURDER, MANSLAUGHTER, MAIMING, MUTINY, ETC. Sec. 1624. Art. G. Murder by persons on pub- lic vessels. 5325. Punishment of death by hanging. 5326. No conviction to work corruption of blood or forfeiture of estate. 5327. Whipping and the pillory abolished. 5328. Jurisdiction of State courts. vessels. Sec. 5344. Officers and owners of steamboats through whose misconduct, etc., life is lost. 5345. Rape. 5346. Assault with a dangerous weapon. 5347. Maltreatment of crew by officers of 5329. Benefit of clergy. 53:50. Pardoning power. 5339. Murder. 5340. Delivery of offender's body for dis- section, when. 5341. Manslaughter. 5342. Attempt to commit murder or man- slaughter. 5343. Punishment of manslaughter. 5348. Maiming, etc. 5390. Misprision of felony. 5391. Offenses committed in places ceded to the United States. 1624. Mutiny in the Navy. 5359. Inciting revolt or mutiny on ship- board. 5360. Revolt and mutiny on shipboard. SEC. 1624. ART. 6. If any person belonging to any pub- Title i5,chap.io. lie vessel of the United States commits the crime of murder Murder, without the territorial jurisdiction thereof, he may be tried l by court-martial and punished with death. 344 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title 70, chap. i. SEC. 5325. The manner of inflicting the punishment of Punishment of death shall be by hanging. death by hang- ing. See sec. 5340. Apr. 30, 1790, s. 33, v. 1, p. 119. NO conviction SEC. 5326. No conviction or judgment shall work corru p t?oiTof bfoUTor tion of blood or any forfeiture of estate. forfeiture of es- Uie. Ibid., 8. 24, p, 117. whipping and SEC. 5327. The punishment of whipping and of standing She?. in the pillory shall not be inflicted. Feb. 28, 1839, a. 5, v. 5, p. 322. jurisdiction of SEC. 5328. Nothing in this Title shall be held to take State courts. . _LI i j_- /?^i J_^JT i Mar. 3, 1795,8. away or impair the jurisdiction of the courts of the several 26, v. 4, p. 122. states under the laws thereof. SEC. 5329. The benefit of clergy shall not be used or cl Apr?3o,i79o, s. allowed, upon conviction of any crime for which the pun- si, v.i,p.'ii9. ' ishment is death. Pardoning SEC. 5330. Whenever, by the judgment of any court or ju- ^Feb.'2o, 1863, a. dicial officer of the United States, in any criminal proceed- i, v. 12, p. 656. j n g ? ail y person is sentenced to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted. Title 70, cimp. s. SEC. 5339. Every person who commits murder Mnrder. ^ First. Within any fort, arsenal, dock-yard, magazine, or s^pjus/Mar! ^ &uj other place or district of country under the exclusive ^ 1 $k 4 ' v - 4 ' jurisdiction of the United States; p See sec. 5326. Second. Or upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admi- ralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State; Third. Or who upon any of such waters maliciously strikes, stabs, wounds, poisons, or shoots at any other per- son, of which striking, stabbing, wounding, poisoning, or shooting, such other person dies, either on land or at sea, within or without the United States, shall suffer death. foSJSiwdTfor SEC - 534 - Tne court before which any person is con- dissection, when, victed of murder, may, in its discretion, add to the judg- ment of death, that the body of the offender be delivered to a surgeon for dissection; and the marshal who executes such judgment shall deliver the body, after execution, to such surgeon as the court may direct; and such surgeon, or some person by him appointed, shall receive and take away the body at the time of execution. !??fiiS: SBC - 5341 - Every person who, within any of the places 3. 157, k. i.'v. 11, or upon any of the waters described in section fifty-three hundred and thirty-nine, unlawfully and wilfully, but with- out malice, strikes, stabs, wounds, or shoots at, or other- wise injures another, of which striking, stabbing, wounding, shooting, or other injury such other person dies, either on land or sea, within or without the United States, is guilty of the crime of manslaughter. MURDER, MANSLAUGHTER, MUTINY, ETC. 345 SEC. 5342. Every person who. within any of the places Attempt to , , , n -t t A* ft fj j i commit murder or upon any of the waters described in section fifty- three or manslaughter, hundred and thirty-nine, attempt to commit the crime of 2 ^ijp'^o 7 ' 8> murder or manslaughter, by any means not constituting the offense of assault with a dangerous weapon, shall be punished by imprisonment, with or without hard labor, not more than three years, and by a fine of not more than one thousand dollars. SEC. 5343. The punishment of manslaughter shall be im- m aiSiu hT ht?r f prisonment, not exceeding ten years and a fine not exceeding "'Apr. 30, 1196,9. one thousand dollars, except as otherwise specially provided ^J; J; ffaj^ll bylaw. 3, v.' ii, p, 250- J Mar. 3, 1875, SB. 1, 2, v. 18, p. 138. SEC. 5344. Every captain, engineer, pilot, or other person officers and *V j , owners of steam- employed on any steamboat or vessel, by whose misconduct, boats through negligence, or inattention to his duties on such vessel, the J^^Jtc 1 "!?^ life of any person is destroyed, and every owner, inspector, lost,' guiity of or other public officer, through whose fraud, connivance, m ^ e b^i87i,' s. misconduct, or violation of law, the life of any person is57,v.i6,p.45G.' destroyed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any circuit court of the United States, shall be sentenced to confinement at hard labor for a period of not more than ten years. SEC. 5345. Every person who, within any of the places or Rape, upon any of the waters specified in section fifty- three hun- 4 ^p 3 '^^ 25 ' *' dred and thirty-nine, commits the crime of rape shall suffer death. SEC. 5346. Every person who, upon the high seas, or in Assault with a any arm of the sea, or in any river, haven, creek, basin, or w j a ^ e r bay, within the admiralty jurisdiction of the United States, 12 { bld " 8 - 22> p - and out of the jurisdiction of any particular State, on board any vessel belonging in whole or part to the United States, or any citizen thereof, with a dangerous weapon, or with intent to perpetrate any felony, commits an assault on another shall be punished by a fine of not more three thou- sand dollars, and by imprisonment at hard labor not more than three years. SEC. 5347. Every master or other officer of any American Maltreatment i j-i i t ;i / -.j.i_' J.-L. i crew by om- vessel on the high seas, or on any other waters within the ce rs of vessels. admiralty and maritime jurisdiction of the United States, 3 Mar - 3 77 l | 35 ' 8 * who, from malice, hatred, or revenge, and without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel, or withholds from them suitable food and nourish- ment, or inflicts upon them any cruel or unusual punish- ment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both. SEC. 5348. Every person who, within any of the places 13 ^- ^ upon the land under the exclusive jurisdiction of the United States, or who, upon the high seas, in any vessel belonging to the United States, or to any citizen thereof, maliciously cuts off the ear, cuts out or disables the tongue, puts out an eye, slits the nose, cuts off the nose or lip, or cuts off or disables any limb or member of any person, with intent to maim or disfigure such person, shall be imprisoned at hard 346 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. labor not more than seven years, and fined not more than one thousand dollars. utie TO, chap. 3. g EC> 5390. Every person wlio, having knowledge of the Hiapriaion of actual commission of the crime of murder or other felony fe A P r."3o, 1790, 8 . upon th e high seas, or within any fort, arsenal, dock -yard, 6, v.i, p.m. magazine, or other place or district of country under the exclusive jurisdiction of the United States, conceals, and does not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, is guilty of misprision of felony, and shall be imprisoned not more than three years, and fined not more than five hundred dollars. n SEC. 5391 ' If an y offense be committed in any place 'ceded to which has been or may hereafter be, ceded to and under the jurisdiction of the United States, which offense Is not Mar. 3, 1825,' 8 . prohibited, or the punishment thereof is not specially pro- Apr.'5, 4 'i866, s. 1 !; vided for, by any law of the United States, such offense v. u, p. 13. shall be liable to, and receive, the same punishment as the laws of the State in which such place is situated, now in force, provide for the like offense when committed within the jurisdiction of such State; and no subsequent repeal of any such State law shall affect any prosecution for such offense in any court of the United States. Tttiei6,chap.io. g E c. 1624. ART. 4. The punishment of death, or such Mutiny in the other punishment as a court-martial may adjudge, may be X ju(y ] 7) 1862, s. inflicted on any person in the naval service i,v.i2,p.floo. First. Who makes, or attempts to make, or unites with any mutiny or mutinous assembly, or, being witness to or present at any mutiny, does not do his utmost to suppress it ; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately communicate his knowledge to his superior or commanding officer ; ' *###*## Title 70, chap. 3. SEC. 5359. If any one of the crew of any American vessel inciting revolt on the high seas, or other waters within the admiralty and shipbdard ny )n maritime, jurisdiction of the United States, endeavors to o y V 1 T 3 ^: ma ke a revolt or mutiny on board such vessel, or combines, Apr. 30, iroo, B! conspires, or confederates with any other person on board 12, v.i. p. us. t; ma k e such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master, or other officer of such vessel, or to refuse or neglect their proper duty on board thereof, or to betray their proper trust, or assembles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master, or other com- manding officer thereof, he shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both such fine and impris- onment. . SEC - 5 ? 60 - If an y one of th CI> ew of an American vessel iir.i. r on the high seas, or, on any other waters within the adini- i v, {Tp-mjApJ: ralt >' }lll(l maritime, jurisdiction of the United States, unlaw- aoi79o, s.8, v.i, fully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority NATURALIZATION, CITIZENSHIP, ETC. 347 and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, he is guilty of a revolt and mutiny, and shall be punished by a fine of not more than two thousand dollars, and by imprison- ment at hard labor not more than ten years. NATURALIZATION CITIZENSHIP. [Sec also EXPATRIATION.] Sec. 2165. Aliens, how naturalized. 2166. Aliens honorably discharged from military service. 2167. Minor residents. 2168. Widow and children of declarants. Sec. 2170. Residence of five years in United States. 2171. Alien enemies not admitted. 2172. Children of persons naturalized un- der certain laws to be citizens. 2174. Naturalization of seamen. NATURALIZATION. SEC. 2165. An alien may be admitted to become a citizen Title 30 - of the United States in the following manner, and not other- Aliens, how Wise: naturalized. First. He shall declare on oath, before a circuit or district in ?en C tfon ation f court of the United States, or a district or supreme court of Apr. 14, 1802, the Territories, or a court of record of any of the States ll^i^. May P 26,' having common-law jurisdiction, and a seal and clerk, two Jjj 2 *^ 4 ' T' &$ years, at least, prior to his admission, that it is his bona c h ; .5,v.i9,'p.2. ' fide intention to become a citizen of the United States, and r e e f e e ?ri Z n n8hl t p o to renounce forever all allegiance and fidelity to any foreign Chinese. prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. Second. He shall, at the time of his application to be ^^J^gg" admitted, declare, on oath, before some one of the courts tutum of the above specified, that he will support the Constitution of united states, the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, par- ticularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Third. It shall be made to appear to the satisfaction of uStecfstateso? the court admitting such alien that he has resided within states, and good the United States five years at least, and within the State moral character - or Territory where such court is at the time held, one year at least; and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the applicant shall in uo case be allowed to prove his residence. Fourth. In case the alien applying to be admitted to citi- bi ei J b f e "JJ; zeuship has borne any hereditary title, or been of any ofmmncea. the orders of nobility in tlie kingdom or state from which i^^pA'sg 802 ' 8 ' he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in 348 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the court to which his application is made, and his renun- ciation shall be recorded in the court. July 26, 189*. Any alien of the age of twenty-one years and upward who supp. B. s., has enlisted or may enlist in the United States Navy or 1892 95, pp. x*- Marine Corps, and has served or may hereafter serve five ""Naturalization consecutive years in the United States Xavy or one enlist- i',1 vlv'v or V M U f men t i R ^ ne United States Marine Corps, and has been or rine corps. 1 a may hereafter be honorably discharged, shall be admitted K. s., sec. 2166. to b ecome 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. Minor resi- SEC. 2167. Any alien, being under the age of twenty-one v ' 10> p> 604 ' SEC. 1996. All persons who deserted the military or naval xe ^&i a ^d C for service of the United States and did not return thereto or desertion, etc. report themselves to a provost-marshal within sixty day s 21, v a i3, : p. 490.' 8 ' 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 citizen- ship as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of 350 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. trust or profit under the United States, or of exercising any rights of citizens thereof. certain soi- g E c. 1907. No soldier or sailor, however, who faithfully Bo e t r to a iucur S served according to his enlistment until the 19th day of [orMtiiresofthe^p r i^ 1865, and who, without proper authority or leave July iS* "MOT, first obtained, quit his command or refused to serve after ch. 28, v. 15, p. 14. t k a t da^ s hall be held to be a deserter from the Army or Navy ; but this section shall be construed solely as a re- moval of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citi- zenship and of the right to hold office, in consequence of his desertion. M*r. a, 1875. it shall be unlawful for aliens of the following classes to immigration of immigrate into the United States, namely, persons who are ^tr^torbidden. 8 ' undergoing a sentence for conviction in their own country ch^Ho's^s v 8 i8' f f e l n i us crimes other than political or growing out of p.476.' 8 ' ' the result of such political offences, or whose sentence has See note i. been remitted on condition of their emigration, and women a imported for the purposes of prostitution." * * * May 5, 1892. That all laws now in force prohibiting and regulating the 27 stat. L., 25. coming into this country of Chinese persons and persons immigration of Chinese descent are hereby continued in force for a j^w extended for period of ten years from the passage of this act. See Appendix, "Chinese." Aug. is, 1894. j n evei y ease where an alien is excluded from admission 28 stat. L., 372. into the United States under any law or treaty now exist- hereafter made, the decision of the appropriate imrni- or customs officers, if adverse to the admission of 551, s.'s (siipp.' such alien, shall be final, unless reversed on appeal to the R i893?Mar.3,c],. Secretary of the Treasury. 206, 8.' 5, p. 118; 142 U.S., 651. increased ney Bureau of Immigration : The head money from alien 1882 Aug. 3, passengers on and after the first day of October next, col- supp. E. s., 37o ) lected under the Act of August third, eighteen hundred and eighty- two, to regulate immigration, shall be one dollar in lieu of the fifty cents as provided in said Act; re^Tpfs tp a be And sucn head money and all other receipts which shall Trcasur d int ^? collected on and after July first, eighteen hundred and ninety-five, in connection with immigration shall be cov- ered into the Treasury ; * * * . Note 1. The first and second sections of the act of May 6, 1882, chap. 12G, vol. 22 p. 58, suspended the immigration of Chinese laborers to the United States, after ninety days from the passage of the act, for ten years, and provided that the master of any vessel who should knowingly bring within the United States, and land or permit to be landed any Chinese laborer from any foreign port or place, should be deemed guilty of a misdemeanor and, on conviction thereof, ho punished by a lint <' not more than rive hundred dollars for each and every such Chinese laborer so brought, ami also might be imprisoned for a term not exceeding one year. The words '-Chi- nese laborers " are to be construed to mean both skilled and unskilled laborers and Chinese employed in mining. A child bon in the United States of alien parents, who have never been natural- ized, is by the fact of birth a native-born citizen of the United States, entitled to all the rights and privileges of citizenship. So of children born in the United Slates of alien subjects who have declared their intention of becoming citizens of the United States. Children born abroad of aliens (who subsequently emigrated to the United States with their families and were naturalized here during the minority of their children) are citizens of the United States. (Op., X., pp. 328, 329, Sept. 1 ami 'J. An American citizen, domiciled in a foreign country, who has taken an oath nl allegiance to the foreign sovereign is not under the protection of the United States. (Murray v. The Charming lietsey, 2 Crauch, S. C. Brightly's Federal Digest, p. 41.) NEUTRALITY -- ALIEN ENEMIES, ETC. 351 The commissioners of immigration at the several ports shall be appointed by the President, by and with the advice how apponted' and consent of the Senate, to hold their offices for the term. of four years, unless sooner removed, and until their suc- cessors are appointed; and nominations for such offices shall be made to the Senate by the President as soon as practicable after the passage of this Act. NEUTRALITY ALIEN ENEMIES, ETC. Sec :>2rfl . Accepting a foreign commission. 5282. Enlisting in foreign service. 528J. Arming vessels against people at Sec. 5288. Compelling foreign vessels to de- part. 5289. Armed vessels to give bond on clear- peace with the United States. ance. 5284. Arming vessels to cruise against i 5290. Detention by collectors of customs, citizens of the United States. 5291. Construction of this Title. 5285. Augmenting force of foreign sel of Avar. 5286. Military expeditious against people at peace with United States. 5287. Enforcement of foregoing provi- sions. Amending sec. 5287. International convention ameliora- tion of wounded, etc. SEC. 5281. Every citizen of the United States who, within Title 67 - the territory or jurisdiction thereof, accepts and exercises . Accepting a . w j, . . IT foreign commis- a commission to serve a foreign prince, state, colony, dis- sum trict, or people, in war, by laud or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be deemed guilty of a high mis- demeanor, and shall be fined not more than two thousand dollars, and imprisoned not more than three years. ' SEC. 5282. Every person who, within the territory OF jurisdiction of the United States, enlists or enters himself, idem, * or hires or retains another person to enlist or enter him- 448> self, 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 ves- sel of war, letter of marque, or privateer, shall be deemed guilty of high misdemeanor, and shall be fined not more than one thousand dollars, and imprisoned not more than three years. SEC. 5283. Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and pace witu the 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 who issues or delivers a commission within the territory or jurisdiction of the United States, for any vessel, to the intent that she may be so employed, shall be deemed guilty of a high mis- demeanor, and 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 equip- 352 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ment thereof, shall be forfeited ; one-half to the use of the informer, and the other half to the use of the United States. Armingvesseis g^c. 5284. Every citizen of the United States who, with- cttiteiw oftheOUt the limits thereof, fits out and arms, or attempts to lit United states. ou au( j arin or procures to be fitted out and armed, or Idem, s. 4. . . " x . i /^ i *.*' Seenotei. kno win gly aid s or is concerned in rarmsning, fitting oiit, or arming any private vessel of war, or privateer, with intent that such vessel shall be employed to cruise, or com- mit hostilities, upon the citizens of the United States, or their property, or who takes the command of, or enters on board of any such vessel, for such intent, or who purchases any interest in any such vessel, with a view to share in the profits thereof, shall be deemed guilty of a high misde- meanor, and fined not more than ten thousand dollars, and imprisoned not more than ten years. And the trial for such oflense, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought. Augmenting SEC. 5285. Every person who, within the territory or juris- veTsei of war eign diction of the United States, increases or augments, or 5 v P 3 r ' 20 448 18 ' 8 ' P rocures to be increased or augmented, or knowingly is con- cerned 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 people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign 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 deemed guilty of a high misdemeanor, and shall be fined not more than one thousand dollars and be imprisoned not more than one year. ditSn^ aSSt S ? c< 5286 ' E verv P erson wno > within the territory or juris- people at peace dictionof theUuited States, begins, or sets on foot, or provides atU 1116 ted or prepares the means for, any military expedition or enter- idem, a. 6, P . prise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years. SEC. 5287. The district courts shall take cognizance of " all complaints, by whomsoever instituted, in cases of cap- i8 Id i875% 8; J cb ' tures ma(ie withil1 tb e waters of the United States, or within 3120. ' a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted Note 1. Section 4090 of the Revised Statutes empowers United States ministers to issue all manner of writs to prevent citizens of the United States from enlisting in the military or naval service of a count rv to make war upon any foreign power with whom the United States are at peace, or in the. service of one portion of the people against another portion of the same people, and to carry out this power lie may resort to such force belonging to the United .States as muv at tho time ho withiu his reach. 449. NEUTRALITY ALIEN ENEMIES, ETC. 353 to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enter- prise is begun or set on foot, contrary to the provisions and prohibitions of this Title; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; aud-in every case in which any process issuing 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 for- eign 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 em- powered 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 the execu- tion of the prohibitions and penalties of this Title, and to 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 territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. SEC. 5288. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such dert part of the land or naval forces of the United States, or of 9 , ^ s^ ^ 8 the militia thereof, as shall be necessary to compel any for- eign 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. 5289. The owners or consignees of every armed vessel sailing out of the ports of the United States, belong- ciece ing wholly or in part to citizens thereof, shall, before Idem > 8 - 10 clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners 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. SEC. 5290. The several collectors of the customs hH detain any vessel manifestly built for warlike purposes, t and about to depart the United States, the cargo of which np principally consists of arms and munitions of war, when the number of men shipped on board, or other circum- stances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon 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, until the decision of the President is had thereon, or until the owner gives such 376 23 354 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. bond and security as is required of the owners of armed vessels by the preceding section. construction of g E c. 5291, The provisions of this Title shall not be con- 1 idem, e 8 8 . 2, is, s tr ued to extend to any subject or citizen of any foreign rob 27 p i!r?v 4 i9 : l )rince state colony, district, or people who is transiently P. 252. ' ' ' within the United States, and enlists or enters himself on See note 2. 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 ves- sel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign 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. NoteS. An officer of the Navy has no right, without express direction from his Government, to enter the territory of a country at peace with the United States and seize property there claimed by citizens of the United States. Application for redress should be made to the judicial tribunals of the country. (Cadwalader's State Department Digest, p. 219, cites 2 Paine, 324.) A revolutionary varty like a foreign belligerent party, is supreme over the country it conquers, as far and as long as its arms can carry and maintain it. (Op., IX, HO, Black, May 15, 1858.) 15y the la'w of nations one government can not enter upon the territories of another, or claim any right whatever therein, for if this bo done by force it is a usurpation, and if it be done by any underhand bargaining with individuals, who have not Hie explicit consent of tbeir Government, it is mean and unfair. (Op., IX, 286, Black, Mar. 14, 1859.) One nation can not execute the penal laws of another, and consequently a foreign vessel engaged in the slave trade can not lawfully be captured by an American cruiser. The African slave trade is not contrary to the law of nations. (Cadwal- ader's State Department Digest, p. 217, cites 10 Whcaton, 66.) The United States can not purchase a grant of land in, or concession of a right of way over, the territories of another nation as could an individual or private corpora- tion, since by the law of nations one Government can not enter upon the territory of another, or claim any right whatever therein. (Cadwalader's Digest, p. 218, cites Op., IX, 286.) The right of search does not exist in time of peace. A cruiser of one nation has the right to know the national character of any strange ship she may meet at sea, but the right is not a perfect one. The right of inquiry has well-defined limitations : 1. Inquiring ship must put up his own colors, or in some way make himself fullv known, before ho can lawfully demand such knowledge from the other vessel. 2. If refused, may fire blank shot or cartridge. 3. If still refused, a shotted gun may be, tired across bows by way of positive summons. 4. Any further measure must beat the peril of the inquiring vessel. If stranger is arrested, injured, or captured, and proves not a pirate, but nas a lawful right to navigate the seas, the injury must be atoned for. The right of a public ship to hail or speak a stranger, i.s in all respects analogous thereto, and must be exercised within the same limits. 5. The answer by- words or by hoisting flag must be taken as true. Can not be stopped, visited, or searched. 0. The right of inquiry can bo exercised only on the high seas. No naval officer has a right to go into the harbor of a nation with which his Government is at peace, to inquire into the nationality of a vessel lying there. (Op., IX, p. 450, I'.hn-k, July 28, 1860. Case of the General Miramon.) Ships of war enjoy the full rights of exterritoriality in foreign ports and territo- rial waters. Merchant ships are a part of the territory of their country, and are so treated on the high si-as, and partially, but not wholly SO, while in territorial waters Ox a foreign country, (/'rimes committed on board ship on the high seas, are triable in the country to which she belongs. In port the local authority has jurisdiction of acts committed on board of a foreign merchant ship, provided those acts affect the peace of the port, but not otherwise; and its jurisdiction does not extend to acts internal to the ship or transpiring on the high seas. The authority of the ship's country, m these cases, is not taken away by the fact that the actors are foreigners provided they be of the crew or passengers of the ship. The local authority has right to enter on board a foreign merchantman in port for the purpose of inquiry universally but for the purposoof arrest only in matters within its ascertained juris- diction. (Op. VIII, 7IJ. dishing, Sept. 5, 1856.) ' ' Neutrals may lawful ly sell at homo to a belligerent purchaser, or carry themselves to the belligerent powers contraband articles subject to the right of seizure in trantitu. The right of the neutral to transport, and of the hostile power to seize, are conflicting rights, and neither party can charge the other with criminal act." (1 Kent's Cora., p. 142.) "There is nothing in our laws, or in the law of nations, that forbid our citizens from sending armed vessels as well as munitions of war to foreign ports for sale. It is a commercial venture which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation." (7 Wheaton, 340.) Cited in Op., XI, p 408, Dec. 23, 1865, Speed. INTERNATIONAL CONVENTION - WOUNDED, ETC. 355 INTERNATIONAL CONVENTION AMELIORATION OF WOUNDED, ETC. Convention between the United States, Baden, Switzerland, Belgium, Denmark, Spain, France, Hesse, Italy, Nether- lands, Portugal, Prussia, Wiirtemberg, Sweden, Greece, Great Britain, Mecklenberg-Schwerin, Turkey, Bavaria, Austria, Persia, Salvador, Montenegro, Servia, Bolivia, Chili, Argentine llepublic, and Peru; with additional articles; for the amelioration of the wounded in armies in tjie field; concluded August 22, 1804; acceded by the President March 1, 1882; accession concurred in by the Senate March 16, 1882; proclaimed as to the original convention, but with reserve as to the additional articles, July 20, 1882. ARTICLE I. Ambulances and military hospitals shall be Hospitals a . nd acknowledged to be neuter, and, as such, shall be protected S orTouVded! and respected by belligerents so long as any sick or wouuded etc - may be therein. Such neutrality shall cease if the ambulances or hospitals Exception. should be held by a military force. ART. 2. Persons employed in hospitals and ambulances, Employees, comprising the staff for superintendence, medical service, neutSiT** administration, transport of wounded, as well as chaplains, shall participate in the benefit of neutrality, whilst so em- ployed, and so long as there remain any wounded to bring- in or to succor. ART. III. The persons designated in the preceding article Employees, ,,, ,. , ,, ,. C \ s, , ji etc. .protected by m;iy, even after occupation by the enemy, continue to fulfil occupyingtbrces. their duties in the hospital or ambulance which they serve, or may withdraw in order to rejoin the corps to which they belong. Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the outposts of the enemy. ART. IV. As the equipment of military hospitals remains Employees i n subject to the laws of war, persons attached to such hospi- aw^'p r iVa te tals cannot, in withdrawing, carry away any articles but property only. such as are their private property. Under the same circumstances, an ambulance shall, on the contrary, retain its equipment. ART. V. Inhabitants of the country who may bring help . Persons to the wounded shall be respected, and shall remain free. The generals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the con sequence of it. Any wounded man entertained and taken care of in a j Houses where house shall be considered as a protection thereto. Any cared for to & be inhabitant who shall have entertained wounded men in house shall be exempted from the quartering of troops, as care o well as from a part of the contributions of war which may be imposed. ART. VI. Wounded or sick soldiers shall be entertained and taken care of, to whatever nation they may belong. cared for. 356 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Delivery of Commanders-iii-cliief shall have the power to deliver immediately to the outposts of the enemy soldiers who have been wounded in an engagement, when circumstances permit this to be done, and with the consent of both parties. Soldiers inca- Those who arc recognized after their wounds are healed, ?ervice a to bf sent as incapable of serving, shall be sent back to their country. conditions of The others may also be sent back, on condition of not return. again bearing arms during the continuance of the war. Evacuations, Evacuations, together with the persons under whose etc., to have ab- directions they take place, shall be protected by an absolute solutouciiiTfliiiy. _, neutrality. Hospital, am- ART. VII. A distinctive and uniform flag shall be adopted balance, and , ., , 1-1 i j -ri evacuation flag, for hospitals, ambulances, and evacuations. It must, on et inn badge ^very occasion, be accompanied by the national flag. An arm-badge (brassard) shall also be allowed for individuals neutralized, but the delivery thereof shall be left to military authority. Flag and arm- The flag aiid the arm-badge shall bear a red cross on a Sr. 6 "" 6 " white ground. Execution of ART. V11I. The details of execution of the present con- vention. f con 'vention shall be regulated by the commanders- in-chief of belligerent armies, according to the instructions of their respective Governments, and in conformity with the gen- eral principles laid down in this convention. ADDITIONAL ARTICLES. Right* of em- ARTICLE I. The persons designated in Article II of the Lspitais e or'km n 9 oliveu ^ 011 sna ^? after the occupation by the enemy, con- buiances. tinue to fulfil their duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the com- mander of the occupying troops shall fix the time of depar- ture, which he shall only be allowed to delay for a short time in case of military necessity. tra\ai a etc f *eu- ART. II. Arrangements will have to be made by the i F n "e n^'nTy ^" belligerent powers to insure to the neutralized person, hands. fallen into the hands of the army of the enemy, the entire enjoyment of his salary. AKT< ^' Under the conditions provided for in Articles I and IV of the Convention, the name " ambulance " applies to field hospitals and other temporary establishments, which follow the troops on the field of battle to receive the sick and wounded. o ART * IV * . In conformity with the spirit of Article V of troops, and con- the Convention, and to the reservations contained in the >ns,etc. protocol of 1864, it is explained that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants. reSed d tothe b i? A ? T> V< Iu additi n to Article VI of the Convention, it country on con- is stipulated that, with the reservation of officers whose aV'aVn be a f ring detention mi ^ h . t be important to the fate of arms and arms in the war. within the limits fixed by the second paragraph of that INTERNATIONAL CONVENTION WOUNDED, ETC. 357 article, the wounded fallen into the hands of the enemy shall be sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war. Articles concerning the Marine. ART. VI. The boats which, at their own risk and peril, u B a ^ s e v^w during and after an engagement pick up the shipwrecked w p r e eke 8 d ^r or wounded, or which having picked them up, convey wounded ' etc< them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neu- trality, as far as the circumstances of the engagement and the position of the ships engaged will permit. The appreciation of these circumstances is intrusted to the humanity of all the combatants. The wrecked and wounded thus picked and saved must not serve again during the continuance of the war. ART. VII. The religious, medical, and hospital staff of any captured vessel are declared neutral, and, on leaving the ship, may remove the articles and surgical instruments Declared neutra/ which are their private property. ART. VIII. The staff designated in the preceding arti- Duties of staff cle must continue to fulfill their functions in the cftptured officers - etc - ship, assisting in the removal of the wounded made by the victorious party ; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article. The stipulations of the second additional article are an ^jy * ^ a ^ low " applicable to the pay and allowance of the staff. ART. IX. The military hospital ships remain under mar- .captured hos- ,.,,.,,., J -11 ji pital ships to re- tial law in all that concerns their stores ; they become the mam under mar- property of the captor, but the latter must not divert tial law ' etc - them from their special appropriation during the continu- ance of the war. *[The vessels not equipped for fighting, which, during peace, the government shall have officially declared to be in- tended to serve as floating hospital ships, shall, however, enjoy during the war complete neutrality, both as regards stores, and also as regards their staff, provided their equipment is exclusively appropriate to the special service on ivhich they are employed.] ART. X. Any merchantman,. to whatever nation she may Merchant yes- J , , ' .,, . , J, sels performing belong, charged exclusively with removal of sick and hospital duty tf> wounded, is protected by neutrality, but the mere fact, Je u tr r ai a etc? as noted on the ship's books, of the vessel having been visited *In the published English text, from which this version of the Additional Articles is taken, the paragraph thns marked in brackets appears in continuation of Article IX. It is not, however, found in the original French text adopted bv the Geneva Conference, October 20, 1868. By an instruction sent to the United States minister at Berne, Jan- uary 20, 1883, the right is reserved to omit this paragraph from the English text, and to make any other necessary corrections, if at any time hereafter the Additional Articles shall be completed by the exchange of the ratiiications hereof between the several signatory and adhering powers. 358 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. by an enemy's cruiser, renders the sick and wounded inca- pable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation. Cargo of mer- if the merchant ship also carries a cargo, her neutrality tested; when ; will still protect it, provided that such cargo is not of a proviso. nature to be confiscated by the belligerents. erSJf8 bt fbellig ^ ue belligerents retain the right to interdict neutralized vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their opera- tions. In urgent Qases special conventions may be entered into between commanders-in-chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded. Wounded or ART. XL Wounded or sick sailors and soldiers, when Sdie 8 , 10 wh a ?S embarked ? to whatever nation they may belong, shall be embarked, etc. protected and taken care of by their captors. Return to na- Their return to their own country is subject to the pro- tive country. visious of Article VI of the Convention, and of the addi- tional Article V. red h cros8 g ete h ABT * XII> The distinctive flag to be used with the na- med b? 8 vessels tional flag, in order to indicate any vessel or boat which claiming neutral- may c ] a j m the benefits of neutrality, in virtue of the prin- ciples of this Convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary. itais itar ainted Military hospital ships shall be distinguished by being white, e?c. in1 M painted white outside, with green strake. Hospital ships. ART. XIII. The hospital ships which are equipped at the i^e' 1 treated 1 ** a* expeiiseof the aid societies, recognized by the governments neutral. signing this Convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appro- priated solely to the purpose of their mission, shall be con- sidered neutral, as well as the whole of their staff. They shall be recognized and protected by the belligerents. Flag sijrn, etc., They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white with red strake. ance d to^?oSnded Tuese sn ip a shall bear aid and assistance to the wounded and wrecked bei- and wrecked belligerents, without distinction of nationality. rafc tempted, or threatened against the territory of the United i, v. i, p. 577. States, by any foreign nation or government, and the Presi- dent makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or gov- ernment, being males of the age of fourteen years and upward, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies. The President is authorized in any such event, by his proclama- tion thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to \vhich they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being per- mitted to reside within the United States, refuse or neglect to depart therefrom ; and to establish any other regulations which are found necessary in the premises and for the public safety. SEC. 4068. When an alien who becomes liable as an Time for re enemy, in the manner prescribed in tne preceding section," 1 ?^;. July 6i is not chargeable with actual hostility, or other crime against lsl *f h - 130 > v - 2 ' the public safety, he shall be allowed, for the recovery, dis- p< posal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citi- zen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as maybe consistent with the public safety, and according to the dictates of humanity and national hospitality. 360 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Un5?d d s c t i ate8 ^ EC< ^69. After any such proclamation lias been made, court over* lien the several courts of the United States, having criminal ei jiTi ie e' 1798 s jurisdiction, and the several justices and judges of the 2, v.i, P. 577. ' ' courts of the United States, are authorized, and it shall be their duty, upon complaint against any alien enemy resi- dent and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regula- tions which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appear- ing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. 8h?nn e remoing SEC. 4070. When an alien enemy is required by the Presi- aiien enemies. dent, or by order of any court, judge, or justice, to depart 578 bld<1 8> 3l p- and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor, and to execute such order in person, or by his deputy, or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be. PATENTS AND PATENTED ARTICLES. Sec. I Sec. 1537. Patent articles for marine engines. ! Act Mar. 3, 1883. Patents without 4886. Inventions patentable. i'ees in certain cases. 4887. Patents for inventions previously patented abroad. Title is, chap, e. SEC. 1537. No patented article connected with marine Patented arti engines shall hereafter be purchased or used in connection with marineen with any steam-vessels of war until the same shall have K jui' is i86i B ^ een submitted to a competent board of naval engineers, 3,v U iJ,p.268. '"'and recommended by such board, in writing, for purchase and use. Title eo, chap. i. g BC< 4880. Any person who has invented or discovered e / t jjf" tionspat ' any new and useful art, machine, manufacture or composi- en juiy e '8, 1870, 8. tion of matter, or any new and useful improvement thereof, 24, v. i6, p. 201. Ilo t known or used by others in this country, and not pat- ented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceedings had, obtain a patent therefor. Patents for in- SEC. 4887. Ko person shall be debarred from receiving a oTsVy "patented patent for his invention or discovery, nor shall any patent abroad. be declared invalid, by reason of its having been first pat- PATENTS AND PATENTED ARTICLES, ETC. 361 ented or caused to be patented in a foreign country, unless 25 J ^ ll .[ 6 8 ' ^jo, a. the same lias been introduced into public use in the United States for more than two years prior to the application. But every patent granted for an invention which has been previously patented in a foreign country shall be so limited as to expire at the same time with the foreign patent, or, if there be more than one, at the same time with the one having the shortest term, and in no case shall it be in force more than seventeen years. The Secretary of the Interior and the Commissioner of Mar, s, isss. Patents are authorized to grant any officer of the govern- 22 stat. L. cos. merit, except officers and employees of the Patent Office, a ou ^ a fee 8 t8 m W cer- patent for any invention of the classes mentioned in sec- tain cases. tion forty-eight hundred and eighty six of the Revised 22^p ai 62\ 1883 ' v ' Statutes, when such invention is used or to be used in the see note i. public service, without the payment 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. Note 1. Where proposals are invited for an article, and one of the bidders claims that he has a patent on it, the contract should not be awarded to any other unless satisfactory evidence is furnished that the other (not the patentee) has authority from the patentee to manufacture and sell it. (Op., XV, 20, July 23, 1875, Pierrepout.) An official in the military service not specially employed to make experiments may devise new and useful improvements in arms, tents, and war material, and will be entitled to the benefits of his inventions and to letters patent therefor equally with any other citizen. (C. C., VII, 219; Wallace, 12, p. 236.) Where a contract between a patentee and the Government for the use of an inven- tion provides that it may be determined by notice from the patentee, the Govern- ment can determine it only by discontinuing its vise. (C. C., IV, p. 113. Affirmed by Supreme Court. See Holt's Digest, p. 88 and p. 112, for discussion of the rights of Government employees to compensation for the use of tbeir inventions by the Government.) The Secretary of the ISTavy cannot legally contract with the patentee for the pur- 19 A. G. O., p. chase of his patent, or for a license to use it, under an appropriation limited to the 407. purchase of material and the employment of labor in the manufacture of such arti- cle out of it. 362 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. PENSIONS. Sec. Sec. 4692. Who may hare pensions. 4716. 4693. Classes enumerated. 4718. 4094. Limitation in case ol' disability. 4719. 4695. Pension for total disability. * 4720. 4696. Kate of pension shall be accord- 17l'4. ing to rank held at time disabil- ity was contracted. 4728. 4697. Rate and commencement of pension for permanent and specitic disa- bilities, etc. 4729. 4698. Rate and commencement of pen- sion for permanent and specific disabilities subsequent to June 4, 1872. 4698*. Commencement of increase for dis- abilities not permanent and spe- cific. Act Mar. 4, 1890. Pensions, in- 4734. crease to totally helpless soldiers 4735. and sailors. 4699. Pensions for disability not other- 4736. wise provided for. 4700. Sick leave, sick furlough, veteran 4737. furlough, line of duty. 4701. Date when service terminates. 4738. 4702. Widows and minors, when entitled. 4703. Increase pension to widows, etc. 4739. 4704. Legitimacy of children. 4740. 4705. Widows of colored and Indian sol- 4741. diers entitled. 4706. Abandonment by widow of minor 4742. child or children forfeits pension. 4707. Succession of dependent relatives. 4743. 4708. Remarriage. 4711. Arrears of pension. 4712. Provisions of former acts extended. 4745, Act Jan., 1879. Commencement of pensions. 4747. 4713. Commencement of ante-rebellion 4748. pensions. Act Jnly 26, 1892. Declarations and other papers in pension claims, 4749. before whom executed. 4715. Two pensions not allowable. Loyalty requisite. Accrued pension, in whom vested. Unclaimed pensions, disposition of. Pensions under special acts. Both pension and pay not allowed unless, etc. Pension to officers and seamen of the Navy disabled prior to March 4, 1861. Naval pensions to widows and chil- dren. Act Mar. 3, 1877. Pensions to en- gineers in Navy to bo according to relative rank. Act Mar. 3. 1877. Rates fixed by law for total disability, Navy and Marine Corps. Pensions are not to be withheld. Time for which a widow shall not re- ceive a pension. Pensions to certain soldiers and Bail- ors of the war of 1812. Rate of pension to soldiers and sail- ors of the war of 1812. Pensions to surviving widows of officers, etc., of the war of 1812. Proof required. Loss of discharge certificate. Pension to officersand seamen of rev- enue-cutters. Certain claims for Revolutionary pensions prohibited. Evidence necessary to enable wid- ows of Revolutionary soldiers to obtain pensions. Any pledge, mortgage, sale, assign- ment, or transfer of pension void. Pension not liable to attachment. Commissioner of Pensions shall fur- nish printed instructions free of charge. Certain soldiers and sailors not to be deemed deserters. Title 57. SEC. 4692. Every person specified in the several classes who may have enumerated in the following section, who has been, since pe jui n i4 ise' 8 the fourth day of March, eighteen hundred and sixty-one, i;' Mar. 3' is?? si or who io hereafter disabled under the conditions therein June ?' i874f 6 vi stated, shall, upon making due proof of the fact, according is, p. i ; Mar. 3, to such forms and regulations as are or may be provided in >3< pursuance of law, be placed on the list of in valid 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 commence as hereinafter provided, and continue during the existence of the disability. nu " SEC ' 46 ^ 3 ' The persons entitled as beneficiaries under the preceding section are as follows: inv n 'md 8 'NBV*' ^ T ^ Any officer of the Army, includingregulars, volun- audeniYstedmln'; tecrs, and militia, or any officer in the Navy or Marine Corps, p l 586 19 A ' G> p " or aiiy enlisted man, however employed, in the military or Mar. 3. 1873, s. naval service of the United States, or in its Marine Corps, i^juiy H, 1862, w ] ic tlier regularly mustered or not, disabled by reason of whether regn- any wound or injury received, or disease contracted, while St. 7 or ill the service of the United States and in the line of duty. PENSION LAWS NAVY, MARINE CORPS. 363 Second. Aiiy master serving on a gnu-boat, or any pilot, ge ^f u 8 * *' ^Jj- engineer, sailor, or other person not regularly mustered, boat!"fc. u serving upon any gun-boat or war- vessel of the United n jn ^f a ^ g 86 ^' States, disabled by any wound or injury received, or other- s.i ; juiyu.ise^ wise incapacitated while in the line of duty, for procuring 8 ' 10 ' his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, ^volunteers, not serving for the time being as a member of the militia of * j^iy, iSal res. any State, under orders of an officer of the United States, J 6 ] ^ a ^ 7 3 ; l j^[ or who volunteered for the time being to serve with any Jaiy4', i&Sj 8.9) regularly organized military or naval force of the United f^M^r. arises States, or who otherwise volunteered and rendered service s.2 ; Mar.ims! in any engagement with rebels or Indians, disabled in con- *; \ \ ^f^. 2 ^' H] sequence of wounds or injury received in the line of duty v.i9, P .403. ' in such temporary service. But no claim of a State mili- tiaman, or non-enlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering 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 disa- Acting assiat- bled by any wound or injury received or disease contracted ant 8ur g eon ' etc - in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or Provost-mar- enroll ing-officer disabled, by reason of any wound or injury, 8hal ' etc - received in the discharge of his duty, to procure a subsist- ence by manual labor. That the act entitled "An act amending the pension law Aug. i, 1892. so as to remove the disability of those who, having partic- 27 stat. L., 340 ipated in the rebellion, have since its termination enlisted 18 9^ p - J- s -< in the Army of the United States, and become disabled," Pensions. ' approved March third, eighteen hundred and seventy-seven, Mar^igV*? ? be, and the same is hereby, amended so as to read as follows : 120 (i s'upp. R. $.,' ''That the law prohibiting the payment of any money on 14 see note L account of the pensions to any person, or to the widow, >y be paid children, or heirs of any deceased person who, in any man- wb^ ner, engaged in or aided or abetted the late rebellion against u ar s 8 A 8 ?m the authority of the United States, shall not be construed Navy. to apply to such persons as afterward voluntarily enlisted in either the Navy or Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty." SEC. 4694. No person shall be entitled to a pension by reason of wounds or injury received or disease contracted?) July 27, 1868. Note I. By R. S., sec. 4716, no pension is to be paid to any person, or those claim- ing under him, "who in any manner voluntarily engaged in, or aided or abetted, the late rebellion against the authority of the United States." . The act of 1877, March 3, ch. 120 (1 Supp. R. S., 147), directed that this prohibition United States, but omitted any reference to the Navy. It is the object of this act to supply that omission, should not apply to persons who afterwards voluntarily enlisted in the Army of the Other exceptions are made to the rule contained in R. S., sec. 4716, by 1878^ March 9, ch. 28, sees. 5, 6 (1 Supp. R. S., 154, 155), granting pensions for service in the war of 1812; by 1887, January 29, ch. 70, sec. 5 (1 Supp. R. S., 524), granting pensions for service in the Mexican war; and by 1892, July 27, ch. 277, sec. 6, ante, p. f>5, granting pensions for service in the Indian wars of 18:J2-1842. The Interior Department has also held (G Pension Decisions, 289) that this section has no application to claims under the act of 1890, June 27, ch. C34 (1 Supp. 11. S., 760). 364 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Mar. 3, 1873 s. i n the service of the United States subsequent to the kjy"i!'i&, 8.2! twenty-seventh day of July, eighteen hundred and sixty- Denote 2. ^ eight, unless the person who was wounded, or injured, or 47^, e Pension contracted the -disease was in the line of duty; and, if in Funds as to the military service, was at the time actually in the field, a8 or on the march, or at some post, fort, or garrison, 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 sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel or naval station, or hospital. SEC< 4695t Tlie P ensio11 * r total disability shall be as follows, namely i For lieutenant- col on el 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 rank- provost ing with commander bylaw, lieutenant commanding and 25, 1866, master commanding, in the naval service, thirty dollars 8 ' contract sur P er mon *h; for major in the military service and in the eon. Marine Corps, and lieutenant, surgeon, paymaster, and ; ^l^3 186 i873,' c hief engineer, respectively ranking with lieutenant by . 2, v. i?, p. 567 1 . law, and passed assistant surgeon in the naval service, lee 86^*4699 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, as- sistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieu- tenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost- marshal, seventeen dollars per month; for second lieuten- ant in the military service and in the Marine Corps * * * ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per mouth; for cadet midshipman, passed midshipman, midshipmen, clerks of admirals and pay- masters and of other officers commanding vessels, * * * master's mate, and all warrant officers in the naval serv- ice, 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, sail- ors, and crews upon the gun-boats and war- vessels, shall be entitled to receive the pension allowed herein to those of like rank in the naval service. J!_1!'_1 878 * That from and after July sixteenth, eighteen hundred and 5stat.L.,ie.8iX$y-two, pensions granted to lieutenant-commanders in i93^i4 p ' p ' the Navy for disability, or on account of their death, shall Note S. As to rate for passed assistant engineers, assistant engineers, and cadet engineers^ the Navy, Bee act March 3, 1877. As to rate for "ensigns/ 1 "cadet mid- shipmen," "clerks of admirals," and of "other officers commanding vessels," see section 2, March 3, 1873. For lieutenant-commanders, see act June 18, 1878. Note 8. A soldier traveling under orders, in any manner, is "on the march," and in the line of dnty. (Pension Office Digest, p. 158.) Wheo "not in line of duty:" while on furlough ; while on leave to attend to pri- vate business; while violating any established Army regulation: white bathing, unless under orders to do so ; suicide, unless the result of insanity; WMMtlingor Bcuftiing witli comrades; foraging, unless under orders, even if granted leave, to do so; white confined in :i military prison on charge of desertion; while undergoing sen- tence of court-martial. (Pension Office Decisions, pp. 157, li;u.) PENSION LAWS - NAVY, MARINE CORPS. 365 be the same as theretofore provided for lieutenants com- commauders' mandlllg. pension. E. S., sec. 4695. SEC. 4606. Every commissioned officer of the Army, Navy, Title 57 - or Marine Corps shall receive such and only such pension Rateof 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 Mar3,i873, s. be entitled to a pension ; and any commission or presiden- juiy'^ 7 '^ 8 6 i ; . tial appointment, regularly issued to such person, shall be June e'lsee's-vl taken to determine his rank from and after the date, as given Seo uote 4f 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 5 and that he did not willfully neglect or refuse to be mustered. SEC. 4697. For the period commencing July fourth, eight- Rate and c . om ; , -. -, -i . /. T T T , T -i i i mencement ot een nundred and sixty-four, and ending June third, eighteen pension for per- hundred and seventy -two, those persons entitled to a less cific^usSmiS pension than hereinafter mentioned, who shall have lost subsequent to both feet in the military or naval service and in the line of pSr V duty, shall be entitled to a pension of twenty dollars per 18 ' month; for the same period those persons who, under like 3 ; circumstances, shall have lost both hands or the sight of g'/j' both eyes, shall be entitled to a pension of twenty-five dol-s's, : Mar.3,'i865; lars per month ; and for the period commencing March third, s> 3> eighteen hundred and sixty-five, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand and one foot 'For loss of hand shall be entitled to a pension of twenty dollars per month ; act and for the period commencing June sixth, eighteen hun- dred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons who under like circum- stances shall have lost one hand or one foot shall be entitled For lossof both to a pension of fifteen dollars per month ; and for the period ?? both feet ey 8 e ee commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, ror those persons entitled to a less pension than hereinafter mentioned, who by reason of injury received or disease con- a, tracted in the military or naval service of the United States 8i and in the line of duty shall have been permanently and totally disabled in both hands, or who shall have lost the. sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and permanently sec. 12, act July disabled as to render them utterly helpless, or so nearly so T A S to'totaiand as to require regular personal aid and attendance of an- P ermanent hel p- . -| 1111 A A_I n / j 1GSSJ1C8S, 866 other person, shall be entitled to a pension ot twenty- five amendment act dollars per month ; and for the same period those who under like circumstances shall have been totally and permanently disabled in both i'eet or in one hand and one foot, or other- wise so disabled as to be incapacitated for the performance Nate 4. The rank of soldiers at time of disability governs rate of pension. Rank under a commission dated after the contraction of disability does not lix rate not con- ferred by a commission unless a vacancv existed in such rank. Pension of widow to be rated according to rank of husband at the time he received the injury which resulted in the fatal disease. (Pension Office Digest.) 36G LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. of any manual labor, but not so much as to require regular personal aid and attention, shall be entitled to a pension of twenty dollars per month ; and for the same period all per- sons who under like circumstances shall have been totally and permanently disabled in one hand or one foot, or other- wise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month, and com- SEC. 4698. From and after June fourth, eighteen hundred ail(l seventy-two, all persons entitled by law to a less pen- lii.-ui, -nt ami 8pe sioii than hereinafter specified, who while in the military or "n bseq'uen^to naval service of the United States, and in line of duty, shall J Mar' 3 87 l'873 liaV6 1OSt tn6 si nt f both CVeS > r SBa1 . 1 naV6 lost tue Sight .4. al ' of one eye, the sight of the other having been previously i872 Ct Jun 8) l s ^ or sna ll have lost both hands, or shall have lost both see note 5. feet, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to ren- der them iitterly helpless, or so nearly so as to require the AS to total and regular personal aid and attendance of another person, shall act be entitled to a pension of thirty-one dollars and twenty-five i6 4 i88o l ceu ^ s ^ QT U1O11 ^ Q ? an( ^ a ^ persons who, under like circum- of hand stances, shall have lost one hand and one foot, or been totally foot, see act and permanently disabled in the same, or otherwise so dis- ^led 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 - , ^ our dolliirs per month ; and all persons who under like cir- a aCt8 f JUn6 18 ' 18?4 (2>: Feh ' 28 ' 1877; JlllM> 1? ' 1878; MUr ' Feb. 12, 1889. " ' ' ' ' U ^' ' ' &1 PENSION LAWS - NAVY, MARINE CORPS. 367 surgeons, shall be subject to the approval of the Commis- sioner of Pensions. That all soldiers, sailors, and marines who have since the Mar. 4, isoo. sixteenth day of June, eighteen hundred and eighty, or who 26stat.L.,i6. may hereafter become so totally and permanently helpless ^^y-^ s from injuries received or disease contracted in the service Pensions, aud line of duty as to require the regular personal aid andfJJ attendance of another person, or who, if otherwise entitled, etc. were excluded from the provisions of "An act to increase 4698V 8e< 8 ' pensions of certain pensioned soldiers and sailors who are oh jl gj 16> 1880< utterly helpless from injuries received or disease contracted while in the United States service, 77 approved June six- teenth, 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 surgeons showing such degree of disability made subsequent to the passage of this act. SEC. 4699. The rate of eighteen dollars per month may Pensions for be proportionally divided for any degree of disability estab- otherwise p^ lished for which section forty-six hundred and ninety- five vid e dfor - .. . . M.ar. o, lojo, s. makes no provision. 5, v. 17, p. 560. SEC. 4700. Officers absent on sick-leave, and enlisted men .sick leave, . absent on sick-furlough, or on veteran-furlough with the vet en fur- organization to which they belong, shall be regarded inthejough, line of administration of the pension laws in the same manner as U slenote6. ir they were in the field or hospital. s. 8. (On veteran furlough with the organization to which they be- longed. Mar. 3, 1873,s.6.) SEC. 4701. The period of service of all persons entitled to the benefits of the pension laws, or on account of whose ^ Mar. 3, im,&. death any person may become entitled to a pension, shall g ; 9 Juue 6) 1866 ' be construed to extend to the time of disbanding the organi- zation to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. SEC. 4702. * If any person embraced within the provisions wia.ows and & ,. j? i -i i j -!-.i_j_ j j? i. minors, when en- of sections forty-six hundred and ninety-two and forty-six titled. hundred and ninety-three has died since the fourth day March, eighteen hundred and sixty-one, or hereafter by reason of any wound, injury, or disease, which, under J^| s " r ' 8| 1865) the conditions and limitations of such sections, would have* see act June 7, entitled him to an invalid pension had he been disabled, 1888 ' his widow, or if there be no widow, or in case of her death, Note 6. "Specific" disability is such as is specified in the statutes. Injuries requiring a medical examination to ascertain and declare their nature, and as to the effect of which there is room for a difference of opinion, are not specific disabilities. (Op. Atty. Genl. Devens, May 17, 1878, P. C). Digest, p. 154.) Disability to be pensionable must be of such a character and exist to such a degree that it can be detected by the examining surgeon of the oflice. (P. O. Digest, p. 152.) Disability not connected with a previous disease or injury received in service is not pensionable, even if soldier's health after discharge rendered him more liable to disease. Resulting from carelessness, disregard of regulations, etc., not pensionable, nor if shown by surgeou's certificate to have existed prior to enlistment. Cause of disability must have been contracted in the line of duty as well as in the service. (Pension Office Digest, pp, 152, 153.) 368 LAWS EELATING TO THE NAVY, MARINE CORPS, ETC. See note 7. without payment to her of any part of the pension herein- after 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 re- marry, the child or children shall be entitled from the date of remarriage. increased pen- g EC 4793 The pensions of widows shall be increased sinus to widows, A . , . etc. Amended from and alter the twenty-fifth day ot July, eighteen hun- iJe * f Mar ' 19> dred and sixty-six, at the rate of two dollars per month Mar. 3,^1873.^8. for each child under the age of sixteen years of the 1ms- 8. ; 2? ly juiy 18 27i band on account of whose death the claim has been, or 1868, s. 4. shall be, granted. And in every case in which the de- ceased 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 chil- dren 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 pension : 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 widow- hood as she has been, or shall be, charged with the main- tenance 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 guardian of such child or July 27, 1868, children: Provided, further, That a \vidow 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 educa- tional institution, or in any institution organized for the care of soldiers' orphans. chn e d g ren macy f SEC. 4704. In the administration of the pension-laws, i( Mar. 3, 1873, H. children born before the marriage of their parents, if ac- knowledged by the father before or after the marriage, shall be deemed legitimate. SEC. 4705. The widows of colored and Indian soldiers M>f mar ; ^^ sa ^ ors wno bave died, or shall hereafter die, by reason e ; legitimacy of wounds or injuries received, or casualty received, or clis- "'Mar.lTisT^s ease col) tracted, in the military or naval service of the ii; July' 14, 1864,' United States, and in the line of duty, shall be entitled to IN* L i^june re <^ive the pension provided by law without other evidence 1 5, 1866, s. 2 ; as to ot marriage than satisfactory proof that the parties were 3,i87ars.'ii. ar ' joined in marriage by some ceremony deemed by them 7no e n * Not * 7 Except when such widow lias continued to draw the pension money ;ift.-r her remarriage, In contravention ,f law. tn\ mu-h child or rhil.lren have r'esid.-d e act ap- with and been Bnpported l.y h-r, thHr pension will commence at the date to which proved June 7, the widow was last paid. 1888, and see act approved Feb. 19, 1887. Aug. 7, 1882, ch. 438.V. 22, p. 345. PENSION LAWS NAVY, MARINE CORPS. 369 obligatory, or habitually recognized each other as man and wife, and were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or sailor died in the service, or, if otherwise, to date of death; and the children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or sailor, but this section shall not be applicable to s .n. ar ' 3> 1873> any claims on account of persons who enlist after the- third day of March, one thousand eight hundred and seventy- three. SEC. 4700. If any person has died, or shall hereafter die, Abandonment leaving a widow entitled to a pension by reason of hiSnS no Tchiw death, and a child or children under sixteen years of ^ge^'Yon 1 forfeits by such widow, and it shall be duly certified under seal, by p6 Mar. n 3, i873,s. any court having probate jurisdiction, that satisfactory J 2 ^^"^^ 18 ^' evidence has been produced before such court, upon due ises, s. s. notice to the widow, that she has abandoned the care of 7 ,iS82? ctof A " g ' such child or children, or that she is an unsuitable person, by reason of immoral conduct, to have the custody of the same, on presentation of satisfactory evidence thereof to the Commissioner of Pensions, no pension shall be allowed to such widow until such child or children shall have attained the age of sixteen years, any provisions of law to the contrary notwithstanding, and the said child or chil- dren shall be pensioned in the same manner, and from the same date, as if no widow had survived such person, and such pension shall be paid to the guardian of such child or children; but if in any case payment of pension shall have been made to the widow, the pension to the child or Mar. 3, 1373, children shall commence from the date to which her pen- 9 12< sion has been paid. SEC. 4707. If any person embraced within the provisions de Su ^ ession r * of sections forty-six hundred and ninety-two and forty-six tiTeT e hundred and ninety-three has died since the fourth day of i^j^'u^mz' March, eighteeiihuudredandsixty-one,orshallhereafter die, ss. ; 3, ^ June 6,' by reason of any wound, injury, casualty, or disease, which, Rises' B 2 i ; July under the conditions and limitations of such sections, would see 'act ap - have entitled him to an invalid pension, and has not left or ST d Car> 19 ' shall not leave a widow or legitimate 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 or 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 sixteen 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 person shall have left father and mother who are dependent upon him, then, on the death of the mother, the father shall become entitled to the i>eusiou, 370 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 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 depend- ent 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 proceeds of her own manual labor and the contributions of said son or of any other persons not legally bound to aid in her sup port; and if, by actual contributions, or in any other way, the son had recognized his obligations to aid in support of his mother, or was by law bound to such support, and that a father or a minor brother or sister shall, in like manner and under like conditions, be assumed to have been depend- ent, except that the income which was derived or derivable from his actual or possible manual labor shall be taken into account in estimating a father's means of independent sup- port: Provided, further y That the pension allowed to any person on account 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. Remarriage. SEC. 4708. The remarriage of any widow, dependent 14; July 'u 87 ]862,' mother, or dependent sister, entitled to pension, shall not 1864 2 ' B ; 7 U jui 4 ' ^ ar her right to such pension to the date of her remarriage, 25,1866,8.6', July whether an application therefor was tiled before or after 27,1868,8.10. suc h marriage; but on the remarriage of any widow, de- pendent mother, or dependent sister, having a pension, such pension shall cease.* Arrears of pen- g E c. 4711. It shall be the duty of the Commissioner of 81 Mar. 3, 1873, B . Pensions, upon, any application by letter or otherwise by or 1? Mar i 1889 on t> e half of any pensioner entitled to arrears of pension see a. 4718, same under section forty-seven hundred and nine, or if any such pensioner has died, upon a similar application by or on be- half of any person entitled to receive the accrued pension due such pensioner at his death, to pay or cause to be paid to such pensioner, or other person, all such arrears of pen- sion as the pensioner may be entitled to, or, if dead, would have been entitled to under the provisions of that section NO fee due at- had he survived; and no claim-agent or other person shall in C apiSicXfoii ^ e entitled to receive any compensation for services in for arrears. making application for arrears of pension. r, J'Tr i8i T of SEC - 471 -- Tli e provisions of this Title in respect to the _ - 1 j 1 J_1 tended. rates oi pension to persons whose right accrued since the is M AmenS' by fourt h C ^Y of March, eighteen hundred and sixty-one, are act of Juno 9, extended to pensioners whose right to pension accrued 18 juiy25,i866, 8 . under general acts passed since the war of the devolution : ^^ V T to tlie foui 'th day of March, eighteen hundred and , sixty-one, to take effect from and after the twenty-fifth. day of July, eighteen hundred and sixty-six; and the widows of ><'ction470!) was repealed by acts of .January 25 and March 3, 1879, aud section 4710 by acts of January 25 and March 3, 187 ( J. MARINE CORPS. 371 revolutionary soldiers and sailors receiving a less sum shall be paid at the rate of eight dollars per mouth from and after the twenty-seventh day of July, eighteen hundred and sixty-eight. That the rate at which the arrears of invalid pensions Mar. s, 1879. shall be allowed and computed in the cases which have Arrears oFpe^ been or shall hereafter be allowed shall be graded accord- sl Har. 3, 1379, ing to the degree of the pensioner's disability from time to ch - 'i^i s. i, v. 20,' time and the provisions of the pension laws in force over 1)f409< the period for which the arrears shall be computed. That section one of the act of January twenty-fifth, eighteen hundred and seventy-nine, granting arrears of pensions shall be construed to extend to and include pen- sions on account of soldiers who were enlisted or drafted for the service in the war of the rebellion, but died or incurred disability from a cause originating after the ces- sation of hostilities; and before being mustered out: Pro- vided, That in no case shall arrears of pensions be allowed and paid from a time prior to the date of actual disability. All pensions which have been, or which may hereafter fjj d no g te 2 8t be, granted in consequence of death occurring from a cause which originated in the service since the fourth day of March, eighteen hundred and sixty-one, or in consequence of wounds or injuries received or disease contracted since that date shall commence from the death or discharge of the person on whose account the claim has been or is here- after granted if the disability occurred prior to discharge, and if such disability occurred after the discharge then from the date of actual disability or from the termination of the right of party having prior title to such pension: Provided, The application for such pension has been or is hereafter filed with the Commissioner of Pensions prior to the first day of July eighteen hundred and eighty, other- wise the pension shall commence from the date of filing the application; but the limitation herein prescribed shall not apply to claims by or in behalf of insane persons and chil- dren under sixteen years of age. An act approved March 9, 1878, chap. 28, vol. 20, p. 97, o/^ 10118 ' war authorizes the names of the surviving officers and men, including militia and volunteers, who served fourteen days in uhe war with Great Britain of 1812, or who were in any engagement and were honorably discharged, and the sur- viving widows of such, to be placed on the pension rolls. It also restores pensions to such of them as had been stricken from the rolls for engaging in the rebellion or encouraging it; no arrearages to be paid. The fifth section of the act approved July 25, 1882, chap. Pensions under o t f\ -* r* s* T / , A i SpCC131 clIlCl Uvll- 319, v. 22, p. 17o, provides "that no person who is now erai acts, receiving or shall hereafter receive a pension under a special act shall be entitled to receive in addition thereto a pension under the general law, unless the special act expreesly states that the pension granted thereby is in addition to the pension which said person is entitled to receive under the general law. NoteS. Date of actual discharge is the date to which paid. (PensicmOilico Digest, p. 154.) 372 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Pension for loss An act approved March 3, 1879, chap. 200, v. 20, p. 484, eyes. provides that the act of June 17, 1878, increasing the pen- sions of soldiers and sailors who have lost both their hands, or both their feet, or the sight of both eyes in the service of the country, shall be so constructed as to include all soldiers and sailors who have become totally blind from causes occurring in the service of the United States. Jan. 25, 1879. That all pensions which have been granted under the Commencement general laws regulating pensions, or may hereafter be Van n 25i879 eh 8 Tail ted, in consequence of death from a cause which origi- 23 1 s a ?,V.2o,p. 265.' nated in the United States service during the continuance of the late war of the rebellion, or in consequence of wounds, injuries, or disease received or contracted in said service during said war of the rebellion, shall commence from the date of the death or discharge from said service of the person on whose account the claim has been or shall here- after be granted, or from the termination of the right of ' the party haying prior title to such pension : Provided, The rate of pension for the intervening time for which arrears of pension are hereby granted shall be the same per month for which the pension was originally granted. Commencement SEC. 4713. In all cases in which the cause of disability pen a 8ions rebe on or death originated in the service prior to the fourth day i9 M june 6 8 i866* ^ March, eighteen hundred and sixty-one, and an applica- 8 . ; i3^ n jujy 25,' tioii for pension shall not have been filed within three years ifS^'i^Ma!' fr m the discharge or death of the person on whose account 20, 1820,' s. 2 ; Feb. the claim is made, or within three years of the termination 24, 1 i828, 8 8?i May f a Pension previously granted on account of the service and death of the same person, the pension shall commence from the date of filing by the party prosecuting the claim the last paper requisite to establish the same. But no claim allowed prior to the sixth day of June, eighteen hundred and sixty-six, shall be affected by anything herein contained. July 26, 1892. That declarations of pension claimants shall be made Declaration a before a court of record, or before some officer thereof hav- ^^en^fon" 1 ^ custody of its seal, or before some officer who, under claims, before the laws of his state, city, or county, has authority to adiuin- W ThSswBtBupe i r- * s ^ er oaths for general purposes; and said officers arc wjdes sec. 4714, hereby fully authorized and empowered to administer and certify any oath or affirmation relating to any pension or application therefor : otr.oeranot re- Provided, That where such declarations or other papers sSita me a H cer a are executed before an officer authorized as above but not i itin.t* of official required by the laws of his state to have and use a seal to authenticate his official acts, he shall file in the Pension Bureau a certificate of his official character, showing his official signature and term of office, certified by a clerk of a court of record or other proper officer of the State as to the genuineness thereof; and when said certificate has been filed in the Bureau of Pensions his own certificate will be recognized during his term of office. exited 1 K SEC ' 2 : That the Commissioner of Pensions may accept eign countries, declarations and other papers of claimants residing in foreign countries made before a United States minister or consul or other consular officer, or before some officer of the PENSION LAWS NAVY, MARINE CORPS. 373 country duly authorized to administer oaths for general purposes, and whose official character and signature shall be duly authenticated by the certificate of a United States minister or consul or other consular officer; And declarations in claims of Indians may be made be . Declarations n T-r .L -i r i T T J. in claims of In- fore a United States Indian agent. 1862> or aided or abetted, the late rebellion against the authority See actreb. 4 c ,, TT .^ i d, J 1862, and joint Of the United States. resolution Mar.2, 1867. SEC. 4718. If any pensioner has died or shall hereafter 25^879!^ p 1 -! die, or if any person entitled to a pension, having an appli- This act repeals cation therefor pending, has died or shall hereafter die, his ^Accrued pen- widow, or if there is no widow, the child or children of such ^"54^4*^^*5 person under the age of sixteen years shall be entitled to wid 8 ow, second In receive the accrued pension to the date of the death of such in r child or c , , i 11 -11 children. person. Such accrued pension shall not be considered as Mar. 3, 1873, s. apart of the assets of the estate of deceased, nor liable ajo^junee.iS' to be applied to the payment of the debts of said estate ms.6 ; juiy25,'i866,' any case whatever, but shall inure to the sole and exclusive J^ Mar. 2, 1829, benefit of the widow or children; and if no widow or child g g 2 i J n 3 e19 ' 1840 ' survive, no payment whatsoever of the accrued pension 88 Aiso', 'see note shall be made or allowed, except so much as may be neces- ^o^iSt- named sary to reimburse the person who bore the expenses of the acts in Mayo and last sickness and burial of the decedent, in cases where h6 H ]jJi5nbu** did not leave sufficient assets to meet such expenses. m | nt - . See act of Mar. 1, 1889. SEC. 4719. The failure of any pensioner to claim his pen- .Y ncla j? ed P e1 !' /JT ni j i 1111 i -i 81OD8 J dlSpOSl" sion for three years after the same shall have become duetionof. shall be deemed presumptive evidence that such pension 2 6 M juiy Rises', has legally terminated by reason of the pensioner's death, s.3 ; Apr. eiisss,' remarriage, recovery from the disability, or otherwise, andg.'J; Aug ' 29 ' 1842 ' the pensioner's name shall be stricken from the list of pen- 374 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. sinners, subject tn the right of restoration to the same on a new application by the pensioner, or, if the pensioner is dead, by the widow or minor children entitled to receive the accrued pension, accompanied by evidence satisfactorily accounting for the failure to claim such pension, and by medical evidence in cases of invalids who were not exempt from biennial examinations as to the continuance of the disability. Pensions under SEC. 4720. When the rate, commencement, and duration 8p Ma? 3, c i873, s. of a pension allowed by special act are fixed by such act, ri-? i87o' *^ ev sna H n t be subject to be varied by the provisions and i. 'seVamend- limitations of the general pension law; but when not thus went act June e, fixed, the rate and continuance of the pension shall be sub- Amended by ject to variation in accordance with the general laws, and 1874, ami J Bact its commencement shall date from the passage of the special of July 25, 1882. ac t ? anc \ the Commissioner of Pensions shall, upon satisfac- tory evidence that fraud was perpetrated in obtaining such special act, suspend payment thereupon until the propriety of repealing the same can be considered by Congress. Both pension SEC. 4724. No person in the Army, Navy, or Marine Corps fowJ, ay u^es a s,' shall draw both a pension as an invalid, and the pay of his et see note 9 ran k or station in the service, unless the disability for which Apr n 3o, 1844, the pension was granted be such as to occasion his employ - iG^i&i^s.^v.f, ment i' 1 a lower grade, or in the civil branch of the service. p.'440. ' General service. Act Apr. 30, 1844. As toper- sons in the civil service of the United States, see Mar. 3, 1865, 8.1; June 6, 1866, s. 5, and net of Mar. 1. 1879. SEC> 4728> If aT1 ^ ffi cer, warrant or petty officer, sea- of the Navy is man, engineer, first, second, or third assistant engineer, Mar?4 p i8ei * to nrem a n or coal heaver of the Navy or any marine has been AIIK.'II, 1848,88. disabled prior to the fourth day of March eighteen hundred Jniyi, i79i > ,s 2 iii ail( l sixty-one by reason of any injury received or disease Apr. 23, 18*06, s. H.' contracted in the service and line of duty, he shall be enti- tled to receive during the continuance of his disability a pension proportionate to the degree of his disability not exceeding half the monthly pay of his rank as it existed in January eighteen hundred and thirty-five. But the pension of a chief- engineer shall be the same as that of a lieutenant of the Navy; the pension of a first assistant engineer the same as that of a lieutenant of marines; the pension of a second or third assistant engineer the same as that of a forward officer; the pension of a fireman or coal- heaver the same as that of a seaman ; but an engineer, fire- man or coal-heaver shall not be entitled to any pension by reason of a disability incurred prior to the thirty-first day of August eighteen hundred and forty-two. Note 9. The object of the prov iso in the act of 1844 (sec. 4724, R. S.) was to prohibit tin- payment. to any one nerving in the Armv, Navy, or .Marino Corps of l>th pay and CHI. in, except where tin- disability for which the pension is allowed isam-ii as to '6 occasioned his employment in A lower yradr or sumo civil branch of tin- service. (Op., XIV, p. 94, AUK. 8- 1872, Williams. See also I V, p. f>87; V, p. 51; VI, p. 718.) PENSION LAWS - NAVY MARINE CORPS. 375 SEC. 471M). If any person referred to in the preceding sec- to tiou has died iu the service, or injury received or disease children. contracted under the conditions therein stated, his widow 88 A ^f; 3 n ; g 4 *; shall be entitled to receive half the monthly pay to which 283. ' the deceased was entitled at the date of his death; and in case of her death or marriage, the child or children under sixteen years of age shall be entitled to the pension. But the rate of pension herein allowed shall be governed by the pay of the Navy as it existed in January, eighteen hundred and thirty-live; and the pension of the widow of a chief engineer shall be the same as that of a widow of a lieuten- ant in the Navy ; the pension of the widow of a first assist- 18 f 7 e ol JJ>;/ 3i ant engineer shall be the same as that of the widow of a lieutenant of marines; the pension of the widow of a second or third assistant engineer the same as that of the widow of a forward officer; the pension of the widow of a fireman or coal-heaver shall be the same as that of the widow of a seaman. But the rate of pension prescribed by this and the preceding section shall be varied from and after the twenty-fifth day of July, eighteen hundred and sixty-six, in accordance with the provisions of section four thousand seven hundred and twelve of this Title; and the widow of an engineer, fireman, or coal-heaver shall not be entitled to any pension by reason of the death of her husband if his death was prior to the thirty-first day of August, eighteen hundred and forty-two. That from and after the passage of this act, the pension Mar - 3 > 1877 - for total disability of passed assistant engineers, assistant snpp. n. s., p. engineers, and cadet engineers in the naval service, respec- 14 9 stat> L., 403. tively, shall be the same as the pensions allowed to officers " sio ? en ~ of the line in the naval service with whom they have rela- tiverank; and that all acts or parts of acts herewith be, and are hereby, repealed. Feb." 24, ' 1874,' ch. 35, s. 1. See note 10. Rates iixed l>y Pension Office for certain disabilities not specified bt/ 7aw. Pension Office Digest of Laws, Loss of an eye ................................... _____ one-half. I88i,p.232. Loss of a thumb ..................................... one-half. Loss of an index linger ........... ................... three-eighths. Loss of a linger ...................................... one-fourth. Loss of a toe ____ .......................... .......... one-fourth. Loss of a great too .................................. one-half. Inguinal hernia ...................................... one-half. Double inguinal hernia .............................. three- fourths. Anchylosis of elbow joint ............................ total. KATES FIXED I5Y LAW FOR TOTAL DISABILITY. Navy and Marine Corps. Month. Captain and all officers of higher rank; commander.; lieutenant Tension Office commanding and master commanding ; surgeon, paymaster and HJS 68 * i Law8 ' chief engineer ranking with commander by law ; lieutenant-col- le'e'note 11 onel and all of higher rank in the Marino Corps $30 Lieutenant, passed assistant surgeon, surgeon, paymaster and chief engineer ranking with lieutenant by law, and major in Marine Corps 25 Note 10. Grado of "cadet engineer" aboli.slied and "naval cadet" substituted by Act of Aug. 5, 1882, oh. 391. par. 1 . Note 11. The matter in heavy-faced typo has beeu inserted in the foregoing table to meet recent legislation. 376 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Month. Master, professor of mathematics, assistant surgeon, paymaster and chaplain, and captain in the Marine Corps $20 First lien tenant in the Marine Corps 17 First assistant engineer, ensign and pilot, and second lieutenant in the Marine Corps 15 Cadet midshipman, passed midshipman, midshipman, clerks of admirals, paymasters, and of officers commanding vessels, second and third assistant engineers, masters, mates and warrant offi- cers . . 10 All enlisted men except warrant officers 8 g ' : 3 1 | g S CO" CO s 1 S 00 Rates and disabilities specified S >,- S 2 >> r "^_ n to" of by law. ^ A <> -*' # S rH A A See note 10. 3 3 p p a 5 1 a 1 f3 1 hs psj t-s ^ i I 1 1 1 1 1 o o I $ 9 5 00 $31 25 *r>o no $72 00 Loss of both feet - ... 20 90 31 25 50 00 72 (.0 : Loss of both eyes 25 00 31 25 ! 50 00 72 00 s Loss of an eye, the sight of the other a $25 00 31 25 24 00 50 00 ' 72 00 o Loss of 1 hand and 1 foot $20 00 $36 00 00 Total disability in 1 hand and 1 foot 20 66 15 00 24 00 18 00 36 00 Is $24 00 Totally or permanently disabled -*"{ in same 24 00 Amputation at or above elbow or n ^rs knee 15 00 18 00 24 00 30 00 Amputation at hip-joint 15 00 18 00 24 00 $37 50 -tj^ 9 00 24 00 r2 Ditto equal to loss of hand orfoot 8 24 00 Regular aid and attendance 25 00 25 00 31 25 31 25 50 66 50 00 | Total disability in both hands ! g ECt 4734. The provisions of law which allow the with- not to be with-, - ,. , , ,. _ . . held. holding of the compensation of any person who is in arrears 836?* May 2 ' shall not be construed to authorize the pension of any pen- sioner of the United States to be withheld. 1836. Time for which a widow shall not receive a pension. Act Apr. 30, 1844. See resolution Jan. 23, 1845. Pensions to certain soldiers and sailors of the war of 1812. Feb. 14, 1871, s. 1. See act Mar. 9, 1878. Pensionsunder |in < (! i n g sec- tion ; rate of. Feb. 14, 1871, s. 2. See act Mar. 9, 1878. SEC. 4735. No pension shall be granted to a widow for the same time that her husband received one. SEC. 4736. The Secretary of the Interior is directed to place on the pension-roll the names of the surviving officers and enlisted and drafted men. including militia and volun- teers, of the military and naval service of the United States, who served sixty days in the war with Great Britain, of eighteen hundred and twelve, and were honorably dis- charged, and such other officers and soldiers as may have been personally named in any resolution of Congress for any specific service in that war, although their term of service may have been less than sixty days, subject, however, to the provisions of section forty-seven hundred and sixteen. SEO. 4737. Pensions, under the preceding section, shall be at the rate of eight dollars per month, and shall be paid to the persons entitled thereto for the term of their lives from and after the fourteenth day of February, eighteen hundred and seventy-one. But that section shall not apply to any person who is receiving a pension at the rate of eight PENSION LAWS - NAVY, MARINE CORPS. 377 dollars or more per mouth ; nor to any person who is receiv- ing a pension less than eight dollars per month, except for the difference between the pension now received and eight dollars per month. SEC. 4738. The surviving widows of such persons as are Pensions to sur- embraced within the provisions of the two preceding sec-office& W etcT 8 of tions shall be allowed, on the conditions and limitations th j,JJ*J f ^- a therein expressed, the same pension that such persons them- 1. see act Mar! selves would have been entitled to receive thereunder if 9 ' 1878 - 8 - 6 - living on the fourteenth day of February, eighteen hundred and seventy one : Provided, however, Such widows were mar- ried to the husbands, on account of whose services the pen- sion is claimed, prior to the treaty of peace which terminated the war of eighteen hundred and twelve, and have not remarried. SEC. 4739. Before the name of any person is placed n P n n ame f 8 re nia ire be the pension-roll under the three preceding sections, proof st^ckeTFrom shall be made, under such regulations as the Secretary of pe j?eb n i4l87i 8 the Interior may prescribe, that the applicant is entitled to s. lee act Mar! a pension under the provisions of the sections herein cited ; 9) 1878> and the Secretary of the Interior shall cause to be stricken from the pension-roll the name of any person whenever it appears, by proof satisfactory, that such name was put upon such roll through false or fraudulent representations. SEC. 4740. The loss of a certificate of discharge shall not LOSS of dis- deprive an applicant of the benefits of sections for ty-se veil cat rge hundred and thirty-six, forty-seven hundred and tMrty- g F fJ^ 1 ^JJkJ- seven, and forty-seven hundred and thirty-eight, but other bj ml? a< proof of services performed and of an honorable discharge, if deemed satisfactory, shall be sufficient. SEC. 4741 . The officers and seamen of the revenue cutters Pension to offi of the United States, who have been or may be wounded or oTre?enne e ?t" disabled in the discharge of their dutv while co-operating te - ct A r 18 with the Navy by order of the President, shall be entitled i8u. c to be placed on the Navy pension-list, at the same rate of pension and under the same regulations and restrictions as are provided by law for the officers and seamen of the Navy. SEC. 4742. From and after the second day of April, certain claims eighteen hundred and sixty-two, no claim for a pension, or arvpSTs for an increase of pension, shall be allowed in favor of the hi ^ cl - A r children or other descendants of any person who served in 1862? the war of the Ke volution, or of the widow of such person, when such person or his widow died without having estab- lished a claim to a pension. SEC. 4743. In all cases where a pension has been granted ^ id ^ e8a to any officer or soldier of the Revolution in his life-time, widows of Revo- the evidence upon which such pension was granted shall be d?er 8 to r obtain conclusive of the service of such officer or soldier in the pensions. application of any widow, or woman who may have been i^gjg!"* the widow, of such officer or soldier, for a pension ; and upon proof by her that she was married to any such officer or soldier and that she is a widow, she shall thereupon be placed upon the pension-rolls at the same rate that such officer or soldier received during his life-time. 378 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Any pledge, SEC. 4745. Any pledge, mortgage, sale, assignment, or ^igt^Dt, 8 " or transfer of any right, claim, or interest in any pension which sio" void ' ren "has been, or may hereafter be, granted, shall be void and of Mar. 3, 1873, s. no effect; and any person acting as attorney to receive and 8 2 8;lFar.iM8i8; rece ipt for money for and in behalf of any person entitled 1838 1 , to a pension shall, before receiving such money, take and l:l! J(i> subscribe an oath, to be tiled with the pension agent, and se ^act of Feb ky him to be transmitted, with the vouchers now required 28^883 ' by law, to the proper accounting officer of the Treasury, that he has no interest in such money by any pledge, mort- gage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person. Pension not SEC. 4747. No sum of money due, or to become due, to men\ e . * !h " au 7 pensioner shall be liable to attachment, levy, or seizure Mar. 3, wg Q *- by or under any legal or equitable process whatever, whether s 5 3 ; July 7, isssi th e same remains with the Pension Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner. Commissioner SEC. 4748. That the Commissioner of Pensions, on appli- fara c i8h 10 printea cation being made to him in person, or by letter, by any Jwjroj*jwwft claimant or applicant for pension, bounty-land, or other Ma? r f, e i873, s. allowance required by law to be adjusted or paid by the 22^ July H, 1862. p ens i on Office, shall furnish such person, free of all expense, 'see sec. 4768. all such printed instructions and forms as may be necessary in establishing and obtaining said claim ; and on the issuing of a certificate of pension or of a bounty-land warrant, lie shall forthwith notify the claimant or .applicant, and also the agent or attorney in the case, if there be one, that such certificate has been issued, or allowance made, and the date and amount thereof. certain soldiers SEC. 4749. No soldier or sailor shall be taken or held to and sailors not to , , T , .,, ,, be demed do- be a deserter Irom the Army or Navy who faithfully served 8e Act 8 'jui y 19 according to his enlistmentuntil the nineteenth day of April, i8C7. ' eighteen hundred and sixty-five, and who, without proper iHand^ttTuiy authority or leave first obtained, quit his command or refused a i7 d i88tT ^ S6rve a ^ er that date; but nothing herein contained shall 10 operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension ; but this section shall be con- strued solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion. PENSION FUNDS PENSIONS NAVY, MARINE CORPS. 371) PENSION FUNDS. Sec. Sec, 4750. Secretary of Navy trustee of Navy j 4762. Commanding officers of privateers pension fund. to enter names, etc., in a journal. 4751. Penalties, how to be sued for, etc. 4763. Transcript of journals to be traris- 4752. Prize money accruing to United ! initted to Secretary of tins Navy. States to remain a fund for pen- , 4706. Pensions to bo paid only to persons sions. enlisted. 5438. Making or presenting false claims. :r vested. Act May 21, 1872. Penalty upon claim 4754. Hate of interst on naval pension agents for retaining without con- fund, sent or refusing to deliver dis- 4755. Naval pensions payable from fund, charge papers or land warrants 4756. Pensions to disabled seamen and ! of any soldier or sailor. marines of twenty years' service, j 5486. Embezzlement of pension money 4757. Pensions to disabled seamen and j by guardian. marines, ten years' service. 5501. United States officer accepting Petty officers to receiA r e same pen- sion a enlisted men. 4758. Secretary of Navy trustee of priva- teer pension fund. 4759. Privateer pension fund, how de- rived. 4760. To be paid into Treasury, etc. 4761. AVounded, etc., privateefsraen to be placed on pension list- bribes. 5451. Bribery of any United States officer. 1782. No United States Senator or Kepre sentative or Department officer or clerk shall receive or agree to- re- ceive any compensation, etc. 1176. Trusses. 1177. Application for truss. SEC. 4750. The Secretary of tlie Navy shall be trustee of Title 57. the Navy pension-fund. secretary of Navy trustee. July 10, 1832, s. SEC. 4751. All penalties and forfeitures incurred under ' Penalties,' bow the provisions of sections twenty-four hundred and sixty- et c b one, twenty-four hundred and sixty-two, and twenty-four Mar. 2, issi, s. hundred and sixty-three, Title "'THE PUBLIC LANDS," ' shall be sued for, recovered, distributed, and accounted for, under the directions of the Secretary of the Navy, and shall be paid over, one-half to the informers, if any, or captors, where seized, and the other half to the Secretary of the Navy for the use of the Navy pension-fund; and the Sec- retary is authorized to mitigate, in whole or in part, on such terms and conditions as he deems proper, by an order in writing, any fine, penalty, or forfeiture so incurred. SEC. 4752. All money accruing or which has already ac- Prize money crued to the United States from sale of prizes shall be and JS5ed%tati to remain forever a fund for the payment of pensions to the reinainafundfor i i_ x-ii i j. pensions. officers, seamen, and marines who may be entitled to re- July 17, 1862, s. ceive the same; and if such fund be insufficient for the n s ;; e 12 ^ G0 4 7 6 - 30 purpose, the public faith is pledged to make up the defici- underprize, ency; but if it should be more than sufficient the surplus shall be applied to the making of further provision for the comfort of the disabled officers, seamen, and marines. SEC. 4753. The Secretary of the Navy, as trustee of the Naval pension naval pension-fund, is directed to cause to be invested in f!^^ 1 theregistered securities of the United States, on the first day ^ "*y i> i* 6 ** of January and the first day of July of each year, so much S of such fund then in the Treasury of the United States as may not be required for the payment of naval pensions for the then current fiscal year; and upon the requisition of the Secretary, so much of the fund as may not be required for such payment of pensions accruing during the current fiscal year shall be held in the Treasury on the days above named in each year, subject to his order, for the purpose of 380 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. such immediate investment; and the interest payable in coin upon the securities in which the fund may be invested, shall be so paid, when due, to the order of the Secretary of the Navy, and he is authorized and directed to exchange the amount of such interest when paid in coin, for so much of the legal currency of the United States as may be ob- tained therefor at the current rates of premium on gold, and to deposit the interest so converted in the Treasury to the credit of the naval pension-fund; but nothing herein contained shall be construed to interfere with the payment of naval pensions under the supervision of the Secretary of the Interior, as regulated by law. Rate of interest g EC 4754 The interest on the naval pension-fund shall on naval pension , , , , , hereafter be at the rate or three per centum per annum in mone, P ^atie flom SEC. 4755 - The Navy Pensions shall be paid from the Navy fund. pension-fund, but no payments shall be made therefrom i6 Jl p y 222f jiiii except upon appropriations authorized by Congress. 23, 1868, 8. 2, v. 15, p. 170; Jan. 19, 1877, v. 19, p. 224. Tnere sna11 be P ai(i out of tne naval pension- serving fund to every person, who, from age or infirmity, is disabled ne from sea-service, but who has served as an enlisted person Corps. in the Navy or Marine Corps for the period of twenty years-, 6, ^ ar i4?' p 86 M6 \ and not been discharged for misconduct, in lieu of being ? Dec. 23, 1886. provided with a home in the Naval Asylum, Philadelphia, if he so elects, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid to him quarterly, under the direction of the Commissioner of Pensions; and applications for such pension shall be made to the Secretary of the Navy, who, upon being satisfied that the applicant comes within the provisions of this section, shall certify the same to the Commissioner of Pensions, and such certifi- cate shall be his warrant for making payment as herein authorized. ti?an vi ten n year8 SEC< 4757 - Every disabled person who has served in the may receive Navy or Marine Corps as an enlisted man for a period not w ibid aid ' I GSS than ten years, and not been discharged for miscon- dllct > may a PPty to ^e Secretary of the Navy for aid from the surplus income of the naval pension-fund; and the Sec- retary of the Navy is authorized to convene a board of not less than three naval officers, one of whom shall be a sur- geon, to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recommenda- tion by the Secretary of the Navy, and certificate thereof to the Commissioner of Pensions, the amount shall be paid in the same manner as is provided in the preceding section for the payment to persons disabled by long service in the Notel. Pensions granted under sections 4756 and 4757 .-ire -wholly under control ot the Secretary of the Navy, to whom applioattona should be made. The Pension Office also requires that claimants shall lile, an application, properly executed before a court of record, as an identification of the party whose claim has' been adjudicated by the Navy Department. The rule now in force regarding these pensions, is that they will be considered as commencing on the date of filing the application iu the Navy Department. (See Pension Office Digest, p. 191.) PENSION FUNDS PENSIONS NAVY, MARINE CORPS. 381 Navy; but no allowance so made shall exceed the rate of a pension for full disability corresponding to the grade of the applicant, nor, if in addition to a pension, exceed one- fourth the rate of such pension. That section forty -seven hundred and fifty-six and sec- Dec - 23 > 1886 - tion forty-seven hundred and .fifty-seven of the Kevised 24stat.L.,353. Statutes of the United States be, and the same are hereby, i874_9^, p p.5i7. S '' amended by inserting the words " or as an appointed petty re tlyoffieera officer, or both/' after the words "as an enlisted person " ceiv^IIme pen- in the former section, and after the words ;i as an enlisted jj M enlisted man" in the latter section. Rk.secs^se, 4757. SEC. 4758. The Secretary of the Navy shall be trustee of ^ecretary^ of the privateer pension-fund. ju'tyio, 1832, s. l,v.4,p.572. SEC. 4759. Two per centum on the net amount, after .Privateer pen- .. ., , . . . , sum fund, now deducting all charges and expenditures, of the prize-money derived, arising from captured vessels and cargoes, and on the net^^i^e?. 2 ' 8 ' amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the United States, shall be secured and paid over to the collector or other chief officer of the customs at the port or place in the United States at which such captured or recaptured vessels may arrive; or to the consul or other public agent of the United States residing at the port or place, not within the United States, at which such captured or recaptured vessels may arrive. And the moneys arising therefrom are pledged by the Government of the United States as a fund for the support and maintenance of the widows and orphans of such per- sons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled onboard of the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as is or may be provided by law. SBC. 4760. The two per centum reserved in the hands of th T e obe T P^into the collectors and consuls by the preceding section, shall etc. be paid to the Treasury, under the like regulations pro- i, v^'p! m 13 ' 8 * vided for other public money, and shall constitute a fund for the purposes provided for by that section. SEC. 47G1. The Secretary of the Interior is required to JSgSlSfts place on the pension-list, under the like regulations and ^placed on pen- restrictions as are used in relation to the Navy of the Feb. is, isis, s. United States, any officer, seamen, or marine, who, on ^ u v< 2 2 ms v s ; board of any private armed vessel bearing a commission P . sf.' ' of letter of marque, shall have been wounded or otherwise disabled in any engagement with the enemy, or in the line of their duty as officers, seamen, or marines of such private armed vessel; allowing to the captain a sum not exceed- ing twenty dollars per month; to lieutenants and sailing- master a sum not exceeding twelve dollars each per month; to marine officer, boatswain, gunner, carpenter, master's mate, and prize-masters, a sum not exceeding ten dollars each per month; to all other officers a sum not exceeding eight dollars each per month, for the highest rate of dis- ability, and so in proportion; and to a seaman, or acting as a marine, the sum of six dollars per month, for the high- 382 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. cst rate of disability, and so in proportion ; which several pensions shall be paid from moneys appropriated for the payment of pensions. commanding SEC. 4762. The commanding officer of every vessel hav- tS rs tS filtering a commission, or letters of marque and reprisal, shall journal 010 ' 1 in aei| t er in his journal the name and rank of any officer, and J reb! is, 1813,8. the name of any seaman, who, during his cruise, is wounded 3, v. 2, p. sou. or Disabled, describing the manner and extent, as far as practicable, of such wound or disability. ounmi8 Cri t P o be f SEC - 4763> Ever y collector shall transmit quarterly to transmitted to the Secretary of the Navy a transcript of such journals as secretary of the ]nav j iave b een reported to him, so far as it gives a list of ibid., . 4. the officers and crew, and the description of wounds and disabilities, the better to enable the Secretary to decide on claims for pensions. aTd oniv 8 to e b r e SEO * 4766 * Hereafter no pension shall be paid to any sons entitled per person other than the pensioner entitled thereto, nor other - ^ July s, i87o, w | se than according to the provisions of this Title, and no 'see note 2. warrau t, po wer of attorney, or other paper execu ted or pur- porting to be executed by any pensioner to any attorney, claim-agent, broker, or other person shall be recognized by any agent for the payment of pensions, nor shall any pen- sion be paid thereon ; but the payment to persons laboring under legal disabilities may be made to the guardians of such persons in the manner herein prescribed ; and pensions payable to persons in foreign countries may be made accord- ing to the provisions of existing laws. Making or pre- SEC. 5438. Every person who makes or causes to be senting false , , J , , , claims. made, or presents or causes to be presented, for payment 67 M 8 a s r 'i' 3 86 v C i2' or approval, to or by any person or officer in the civil, uiili- PP.-696, 698. ' " ' tary, or naval service of the United States, any claim upon ^see sees. 3490, Qr a g a j ns t ^he Government of the United States, or any Department or officer thereof, knowing such claim to be false, fictitious, or fraudulent, or who, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, makes, uses, or causes 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 who enters into any agreement, combination, or conspiracy to defraud the Government of the United States, or any Department or officer thereof, by obtaining or aiding to obtain the pay- ment or allowance of any false or fraudulent claim, or who liji ving charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, who, with intent to defraud the United States or willfully to conceal such money or other property, delivers or causes to be delivered, to any other person hav- ing 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, and every person authorized to make or deliver any certificate, voucher, receipt, or Vbfefl Anu-nded by art of August 8, 1882. See section 2, act of February 26, 1881, act of AiiitustT. IKS'J, and section 4, act of March 3, 1883, for manner of pay- ment of pensions to inmates of National Home for Disabled Volunteer Soldiers. PENSION FUNDS PENSIONS NAVY, MARINE CORPS. 383 other paper certifying' the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, who makes or delivers the same to any other person with- out a full knowledge of the truth of the facts stated therein and with intent to defraud the United States, and every person who knowingly purchases or receives in pledge for ;iny obligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the mili- tary or naval service any arms, equipments, ammunition, clothes,' military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars. That any claim agent, attorney, or other person engaged Mft y 21 1872 - in the collection of claims for pay, bounty, pension, or Penalty other allowances for any soldier, sailor, or marine, or for any commissioned officer of the military or naval forces, who may have been a soldier, sailor, marine, or officer of o deliver the regular volunteer forces of the United States, and lion- orably discharged, Avho shall retain, without the consent of the owner or owners thereof, or shall refuse to deliver or account for the same upon demand duly made by the owner or owners thereof, or by their agent or attorney, the dis- charge papers or laud warrant of any such soldier, sailor, or marine, or commissioned officer which may have been placed in his .hands for the purpose of collecting said claims, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or both, in the discretion of the court, and shall thereafter be debarred from prosecuting any such claim in any executive department of the Government. upon r Detain- of SEC. 5486. If any guardian, having the charge and cus- of tody of the pension of his ward, shall embezzle the same in violation -of his trust, or fraudulently convert the same to Amended by his own use, he shall be punished by a fine not exceeding act Eeb - 10 ' 189i - two thousand dollars or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the court. SEC. 5501. livery officer of the United States, and every person acting for or on behalf of the United States in any bribe official capacity, under or by virtue of the authority of any^jj^g'j.-j, Department or officer of the Government thereof, and every is, iseb; jn'iy is, officer or person acting for or on behalf of either House of 1866;Ml Congress, or of any committee of either House or of both houses thereof, who asks, accepts, or receives any money or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or actioiv on any question, matter, cause, or proceeding which may, at any time, be pending, or which may be by law brought before him in his official capacity, 384 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. or in his place of trust or profit, influenced thereby shall be punished as prescribed in the preceding section. uS r tld erj slte ^ Ec> &^1" Every person who promises, offers, or gives, officer. ' es or causes or procures to be promised, offered, or given, any Ji3v ai i3 3> i866- molie y or other thing of value, or makes or tenders any July, is/issG. ' contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery 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 Depart- ment or officer of the Government thereof, or to any officer or person acting for or on behalf of either House of Con- gress, or 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 vio- lation of his lawful duty, shall be punished as prescribed in the preceding section. SEC. 1782. No Senator, Eepresentative, or Delegate, after his election and during his continuance in office, and no head of a Department or other officer or clerk in the employ of the Government, shall receive or agree to receive any compensation whatever, directly or indirectly, for any serv- ices rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other mat- ter or thing in which the United States is a party, or directly or indirectly interested, before any Department, court-mar- tial, Bureau, officer, or any civil, military, or naval commis- sion whatever. Every person offending against this sec- tion shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of hold- ing any office of honor, trust, or profit under the Govern- ment of the United States. le 8 "*! inc. SEC. 117(). Every soldier of the Union Army who was Artificial Limbs ruptured while in the line of duty during the war for the suppression of the rebellion, is entitled to receive a single or double truss, of such style as maybe designated by the Surgeon-General, as best suited for his disability. n for . 1177. Application for such truss shall be made by soo same 8 oc M the ruptured soldier to an examining surgeon for pensions, limbs.* 1 whose duty it shall be to examine the applicant, and when found to have a ruptured hernia to prepare and forward to the Surgeon-General an application for such truss without charge to the soldier. PENSION LAWS NOW IN FORCE. 385 PENSION LAWS NOW IN FORCE. An. Act. Juno 6, 1874. Special-act pensions equal- Jan. 3,1887. ized. Juno 18, 1874. Increasing pensions of to- Jan. 29,1887. tally disabled soldiers and sailors. Jan. 29,1887. June 18, 1874. Loss of arm at or above elbow: leg at or above knee. Juno 7, 1888. Aug. 15, 1876. Artificial limbs to disabled soldiers and seamen and Aug. 14, 1888. transportation. Feb. 27, 1877. Officers and men who have lost limbs, etc., certain benefits for. Feb. 28, 1877. Lost one hand or one foot, Aug. 27, 1888. or totally disabled in both $36 per month. Feb. 12. 1889. Mar. 3, 1877. Equalizing pensions of cer- Mar. 4.1890. tain officers in the Navy. Juno 27, 1890. Mar. 3, 1877. Removal of disability i n June 30, 1890. certain cases. Aug. 29, 1890. June 17, 1878. Increasing pensions to $72 per month for loss of both hands or both feet, or sight of both eyes. Feb. 10, 1891. Jan. 25, 1879. Pensions shall commence from date of the death or Mar. 3, 1891. discharge from the serv- ice. Mar. 3, 1879. Loss of both hands, both feet, sight of both eyes. Mar. 3,1879. Amputation of leg at hip Mar. 3,1891. joint. i July 14, 1892. June 16, 1880. Totally disabled. Feb. 26, 1881. Regulating payment o f | July 27, 1892. pensions to inmates of National Soldiers' Home. Aug. 7, 1882. Payment of pension to Na- Aug. 1, 1892. tional Home, when . Feb. 28, 1883. Any pledge or transfer of pension void. Mar. 3,1883. Increase of pension of sol- Dec. 21,1893, die rs and sailors who have lost an arm or a leg in i service. 1 Aug. 23, 1894, Apr. 18, 1884. A felony for a person to ! falsely assume to be an officer of the United Mar. 2,189; States. Mar. 3, 1885. Pensions for loss of arm at Mar. 13, 1896. shoulder joint. Mar. 19, 1886. Increase of pension to May 28, 1896. widows and dependent relatives. Aug. 4, 1886. Lost one hand or one foot, or an arm or leg. Survivors of the wrecked steamer Jeannette. Pensions to soldiers and sailors of Mexican war. Relief of the sufferers by the wreck of the U. S. S. Ashuelot. Commencement of widow's pension. To relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of deser- tion. Deafness, pension there- for. Loss of both hands. Totally disabled. Dependent parents. Army and Navy pensions. Government employees in Departments shall n o t take fees for administer- ing oaths, etc. Embezzlement of pension money. Navy pensions to be paid from income of Navy, etc., and no officer on ac- tive or retired list shall be paid a pension. Artificial limbs. Intermediate rate between $72 and $30 per month. Desertion, limitation as to filing application for re- moval. Pensions t o soldiers and sailors in certain cases allowed though they had engaged in rebellion. Pension not to be withheld or suspended until after due notice. Vouchers may be executed before fourth-class post- masters. Accrued pensions, how and to whom paid. Death presumed from ab- sence. Masters, mates, pilots, and engineers to have same pension rights as soldiers and sailors in certain cases. That all persons entitled to pensions under special acts Juite 6 > fixing the rate of such pensions, and now receiving or seo sec. 4720, entitled to receive a less pension than that allowed by the R speciai-act P en- general pension laws under like circumstances, are, in lieu sions equalized. of their present rate of pension, hereby declared to be entitled to the benefits and subject to the limitations of the general pension laws, entitled, "An act to revise, consolidate, and amend the laws relating to pensions, "approved March third, eighteen hundred and seventy-three; and that this act go into effect from, and after its passage : Provided, That this act shall not be construed to reduce any pension granted by special act. That section four of the act entitled "An act to revise, Ju " e 18 > 1874 consolidate, and amend the laws relating to pensions/' and increasing approved March third, eighteen hundred and seventy-three, taUydSabJedsoi". be so amended that all persons who, while in the military dieis and sailors. 376 - 25 386 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. see sees. 4697, or naval service of the United States, and in the line of 46 see?m S e'miment duty, shall have been so permanently and totally disabled act June 16, isso. as ^ o squire ^ ne re gular personal aid and attendance of another person, by the loss of the sight of both eyes or by the loss of the sight of one eye, the sight of the other hav- ing been previously lost, or by the loss of both hands, or by the loss of both feet, or by any other injury resulting in total and permanent helplessness, shall be entitled to a pen- sion of fifty dollars per month; and this shall be in lieu of a pension of thirty-one dollars and twenty-five cents per month granted to such person by said section : Provided, That the increase of pension shall not be granted by reason of any of the injuries herein specified, unless the same shall have resulted in permanent, total helplessness, requiring the regular personal aid and attendance of another person. SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy four. June is, 1874. That all persons who are now entitled to pensions under see sees. 4697, existing laws, and who have lost either an arm at or above at the elbow, or a leg at or above the knee, shall be rated in ^ e secon< l c l ass ? and shall receive twenty-four dollars per month : Provided, That no artificial limbs, or commutation therefor, shall be furnished to such persons as shall be entitled to pensions under this act. SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. Aug. is, 1876. That every officer, soldier, seaman and marine, who, in see sees. 4787, the line of duty, iii the military or naval service of the United 479?; R? 8 s.' 479 ' States, shall have lost a limb, or sustained bodily injuries, to A diMbied i oi 8 Depriving hi m f * ne use f au y f hi 8 limbs, shall receive dferowd'seamen*. once e very five years an artificial limb or appliance, or com- mutation therefor, as provided and limited by existing laws, under such regulations as the Surgeon-General of the Army may prescribe; and the period of five years shall be held to commence with the filing of the first application after the seventeenth day of June, in the year eighteen hundred and seventy. Transportation. SEC 2 . That necessary transportation to have artificial limbs fitted shall be furnished by the Quartermaster-Gen- eral of the Army, the cost of which shall be refunded out of any money appropriated for the purchase of artificial limbs: Provided, That this act shall not be subject to the provisions of an act entitled "An act to increase pensions," approved June eighteenth, eighteen hundred and seventy- four. Feb. 27, 1877. That for the purpose of correcting errors and supplying Certain pn,. omissions in the act entitled "An act to revise and consoli- the statutes of the United States in force on the first of ^ ecember ? anil <> Domini one thousand eiglit hundred seventy-three," so as to make the same truly express Nav y- such laws, the following amendments are hereby made therein : 4?7 ' Section forty-seven hundred and seventy is struck out. PENSION LAWS NOW IN FORCE. 38? Section forty- seven hundred and eighty-seven is amended s e 4 7 s 7 by adding at the end of the section the following: u The provisions of this section shall apply to all officers, LS!M ! : Mar ' 3 ' non-cominissioned officers, enlisted and hired men of the;. ^ Artificial land and naval forces of the United States, who, in the line of their duty as such, shall have lost limbs or sustained bodily injuries depriving them of the use of any of their limbs, to be determined by the Surgeon-General of the Army; and the term of five years herein specified shall be 47 ^ e |J- 4 Jffi held to commence in each case with the filing of the appli- it.s! cation for the benefits of this section. " Section forty^seven hundred and ninety is amended by See Artificial inserting, in the second line, after the word " rebellion" the lm s>etc< words " or is entitled to the benefits of section forty seven hundred and eighty-seven." Section forty- seven hundred and ninety-one is amended by adding at the end of the section the following : "The transportation allowed for having artificial liinbs^Jj e f c rtificial fitted shall be furnished by the Quartermaster-General of " the Army, the cost of which shall be refunded from the appropriations for invalid pensions." ******* That all persons who, while in the military or naval Feb. 2s, is??. service of the United States, and in the line of duty, shall see sees. 469?, have lost one hand and one foot, or been totally and per-' 46 ^-^ e haud uianently disabled in botb, shall be entitled to a pension or one foot or to- for each of such disabilities, and at such a rate as is pro-boS, d $ 8 36 l6 per vided for by the provisions of the existing laws for each mont ' h - disability : Provided, That this act shall not be so construed as to reduce pensions in any case. That from and after the passage of this act, the pension Mar. 3, is? 7. for total disability of passed assistant engineers, assistant see sec. 4095, engineers, and cadet engineers in the naval service, respec- E 'f q ua i izing tively, shall be the same as the pensions allowed to officers pensions of cer- of the line in the naval service with whom they have rela- theVa^ cers iu tive rank ; and that all acts or parts of acts, inconsistent Passed assist- herewith be, and are hereby, repealed. SSXlSSS 6 *" That the law prohibiting the payment of any money on Mar. 3,18??. account of pensions to any person, or to the widow, chil- see sec. 4716, dren, or heirs of any deceased person, who, in any manner, R Re' m o engaged in or aided or abetted the late rebellion against ability the authority of the United States, shall not be construed l to apply to such persons as afterward voluntarily enlisted Navy cases. in the Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty. That on and after the passage of this act, all soldiers and Jnnei?,i8?s. sailors who have lost either both their hands or both their increasing feet or the sight of both eyes iu the service of the United K^SLtt for or States, shall receive, in lieu of all pensions now paid them loss of both by the Government of the United States, and there be paid to them, in the same manner as pensions ar paid to such persons, the sum of seventy-two dollars per ml *-R?' xue^VtM 1879. See act June 16, 1880. 388 LAWS RELATING TO THE NAVY, MARINE COUPS, ETC. jn. 25, 1879. That all pensions which have been granted under the when pensions general laws regulating pensions, or may hereafter be 8h see C 8c me r7oo granted, in consequence of death from a cause which orig- R. s., now re' mated in the United States service during the continuance pe see d note i. of the late war of the rebellion, or in consequence of wounds, injuries, or disease received or contracted in said service during said Avar of the rebellion, shall commence from the date of the death or discharge from said service of the per- son on whose account the claim has been or shall hereafter be granted, or from the termination of the right of the party having prior title to such pension: I^rovidcfl, The rate of pension for the intervening time for which arrears of pension are hereby granted shall be the same per month for which the pension was originally granted. SEC. 2. That the Commissioner of Pensions is hereby authorized and directed to adopt such rules and regula- tions for the payment of the arrears of pensions hereby granted as will be necessary to cause to be paid to such pensioner, or, if the pensioner shall have died, to the per- son or persons entitled to the same, all such arrears of pen- sion as the pensioner may be, or would have been, entitled to under this act. Sec. 4717, R. s., SEC. 3. That section forty-seven hundred and seventeen .of the Revised Statutes of the United States, which pro- vides that "no claim for pension not prosecuted to a sue cessful issue within five years from the date of filing the same shall be admitted without record evidence from the War or Navy Department of the injury or the disease which resulted in the disability or death of the person on whose account the claim is made: Provided, That in any case in which the limitation prescribed by this section bars the further prosecution of the claim, the claimant may present, through the Pension Office, to the Adjutant-General of the Army or the Surgeon-General of the Navy, evidence that the disease or injury which resulted in the disability or death of the person on whose account the claim is made originated in the service and in the line of duty; and if such evidence is deemed satisfactory by the officer to whom it may be submitted, he shall cause a record of the facts so proved to be made, and a copy of the same to be trans mitted to the Commissioner of Pensions, and the bar to the prosecution of the claims shall thereby be removed," be, and the same is hereby, repealed. 4769 \m*R 4 s 68 ' ^ B0 * ^* -^ c l a i m - a g en t r other person shall be entitled to receive any compensation for services in making appli- cation for arrears of pension. SEC. 5. That all act or parts of acts so far as they may conflict with the provisions of this act be, and the same are hereby, repealed. Mr. a, 1879. That the act of June seventeenth, eighteen hundred and LOBS of" both seven ty-ei;rht, entitled "An act to increase the pensions of certain soldiers and sailors who have lost both their hands Notel. Arrears of pension-. Not clnetoanoxccutoi m administrator, if not applied for by ;i pensioner; nor to a minor if never applied for by the soldier; not 1 to a widow during the period the soldier was living, when he made no application therei'or. (Pen- sion Office Decisions, p. 187.) PENSION LAWS NOW IN FORCE. 389 or both their feet, or the sight of both eyes, in the service 18 ?| eaC pf n " e17 ' of the country," be so construed as to include all soldi ers4697, ; 4698, R C S S - and sailors who have become totally blind from causes Jgg act June 16> occurring in the service of the United States. That all pensioners now on the pension-rolls, or who may Mar 8 187 ^ hereafter be placed thereon, for amputation of either leg at see sees. 4097, the hip joint, shall receive a pension at the rate of thirty- 4G ^^ u s j- ation of seven dollars -and fifty cents per month from the date of ig at hip joint. the approval of this act. 3 . See notes 2 and That all soldiers and sailors who are now receiving a jnne 10, isso. pension of fifty dollars per month, under the provisions of Totally dis- an act entitled "An act to increase the pension of soldiers abied. ' and sailors who have been totally disabled," approved June 4698, e R 8e s. 8 ' 46&7 ' eighteenth, eighteen hundred and seventy-four, shall re- ceive, in lieu of all pensions now paid them by the Govern- ment of the United States, and there shall be paid them in the same manner as pensions are now paid to such persons, the sum of seven ty-two dollars per month. SEC. 2. All pensioners whose pensions shall be increased Seeact June is, by the provisions of this act from fifty dollars per month to 1379 -act June i?,' seventy-two dollars per month shall be paid the difference 18 Ex tendin between said sums monthly, from June seven teen th,eighteen vision? o? P act hundred and seventy -eight, to the time of the taking effect Mar< 4) 1890t of this act. ####### SEC. 2. All pensions payable, or to be paid under this act, Feb. ae, issi. to pensioners who are inmates of the National Home for Regulating Disabled Volunteer Soldiers, shall be paid to the treasurer p. a y men t . f pen- . -. , F . sions to inmates or treasurers of said home, upon security given to the satis- of National Sol- faction of the managers, to be disbursed for the benefit of di | r e 8 e ' a ^ t ^ g 7) the pensioners without deduction for fines or penalties under i882 ; ai so act regulations to be established by the managers of the home; Mar ' 3 ' 1883 ' said payment to be made by the pension agent upon a cer- tificate of the proper officer of the home that the pensioner is an inmate thereof and is still living. Any balance of the pension which may remain at the date of the pensioner's discharge shall be paid over to him ; and in case of his death at the home, the same shall be paid to the widow, or children, or in default of either to his legal representatives. #####** Provided,, That in addition to the persons now entitled Aug. 7, 1882. to admission to said hospital, any inmate of the National 22 stat. i,., 330. Home for Disabled Volunteer Soldiers, who is now or may penfioiTto" Na- hereafter become insane shall, upon an order of the presi-^J^* 1 Home dent of the board of managers of the said National Home, w be admitted to said hospital and treated therein ; and if any inmate so admitted from said National Home is or thereafter becomes a pensioner, and has neither wife, minor child, nor parent dependent on him, in whole or in part, for support, his arrears of pension and his pension money accruing during the period he shall remain in said hospital shall be applied to his support in said hospital, and be paid Note 2. When an officerof the Navy dies of disease contracted wbile on the retired list his widow is not entitled to n pension. (Pension Office Digest, p. 158.) Note 3. Dishonorable discharge does not forfeit soldier's right to pension. 390 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. over to the proper officer of said institution for the general uses thereof. Feb. 28, 1883. SEC. 2. That section forty-seven hundred and forty-five, AUJ pledge or title fifty-seven of the Re vised Statutes of the United States sion void f pen is hereby amended to read as follows : Amended 5 ' 923 ' ^ EC * 4tf45. Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any pension which has been, or may hereafter be, granted, shall be void and of no effect, and any person who shall pledge, or receive as a pledge, mortgage, sale, assignment or transfer of any right, claim, or interest in any pension, or pension certifi- cate, which has been or may hereafter be granted or issued, or who shall hold the same as collateral security for any debt, or promise, or upon any pretext of such security, or Penalties. promise, shall be guilty of a misdemeanor, and upon con- viction thereof shall be fined in a sum not exceeding one hundred dollars and the costs of the prosecution; and any person who shall retain the certificate of a pensioner and refuse to surrender the same upon the demand of the Com- missioner of Pensions, or a United States pension agent, or any other person authorized by the Commissioner of Pensions, or the pensioner, to receive the same shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars and the costs of the prosecution. Mar. 3, 1888. That from and after the passage of this act all persons on increase of pen the pension-roll, and all persons hereafter granted a pension, and s4or8 1( \vlo wno ? while in the military or naval service of the United have lost an arm States, and in the line of duty, shall have lost one hand or ' e ' one foot, or been totally or permanently disabled in the same, or otherwise so disabled as to render their incapacity to ca E 2dt valent in P er f rm 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 LOS s of arm \ o ^ either an arm at or above the elbow, or a leg at or above above elbow, or , , , .. . P, _ , leg above the 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, Proviso. shall receive a pension of thirty dollars per mouth : Pro- vided, That nothing contained in this act shall be construed to repeal section forty-six hundred and ninety nine of the Revised Statutes of the United States, or to change the rate of eighteen dollars per month therein mentioned to be proportionately divided for any degree of disability estab- lished for which section forty-six hundred and ninety-five makes no provision. _4pr. is, 1884. T\\&t every person who, with intent to defraud either .the United States or any person, falsely assumes or pre- T>o "n tends to be an officer or employe* acting under the author- ut?.*^ of tlie Ullited States, or any Department or any officer therefor', of the Government thereof, and who shall take upon him- self to act as such, or who shall in such pretended charac- ter demand or obtain from any person or from the United States, or any Department, or any officer of the Govern- ment thereof, any money, paper, document, or other valu- PENSION LAWS NOW IN FORCE. 391 able tiling, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by a fine of not more than one thousand dollars, or imprisonment not longer than three years, or both said punishments, in the discretion of the court. That all soldiers and sailors of the United States who Mar, a, isss. have had an arm taken off at the shoulder-joint, caused soldiers and by injuries received in the service of their country while state? f Uuited in the line of duty, and who are now receiving pensions, Pension here- shall have their pensions increased to the same amoimtJ^atshSaaer that the law now gives to soldiers and sailors who BaveJ a g i fJ r t 1 ^ 8 f anie lost a leg at the hip-joint ; and this act shall apply to all at hip joint? eg who shall be hereafter placed on the pension-roll. That from and after the passage of this act the rate of Mar - HM88 pension for widows, minor children, and dependent rela- increase pen- tives now on the pension-roll, or hereafter to be placed on^nd Dependent the pension-roll, and entitled to receive a less rate than^^es. hereinafter provided, shall be twelve dollars per month ; f an amendment and nothing herein shall be construed to affect the existing f secs ; g!5 }P- /> - i n 1 /> -i -i -! -i i *"/i ant * 4707 ip- allowance of two dollars per month for each child under 12), n. s. the age of sixteen years: Provided, That this act shall 27 S i89o. act June apply only to widows who were married to the deceased soldier or sailor prior to its passage and to those who may hereafter marry prior to or during the service of the soldier or sailor. And all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 2. That no claim agent or attorney shall be recog- nized in the adjudication of claims under this act, nor shall any such person be entitled to receive any compensation whatever for services or pretended services in making ap- plications thereunder. That from and after the passage of this act all persons Aug. 4, isse. on the pension-rolls, and all persons hereafter granted a Lost one hand pension, who, while in the military or naval service OI *aJmorie 0torau the United States and in line of duty, shall have lost ai see r see.' 4698, one hand or one foot, or been totally disabled in the same, ^eudmentl 01 ^s shall receive a pension of thirty dollars a month; that all follows: Acts of persons now on the pension-rolls, and all persons hereafter J"b 61 Is! 87 \kii\ granted a pension, who in like manner shall have i^^ B 3 17 v 879 187 |' either an arm at or above the elbow or a leg at or above June "is, isso! the knee, or been totally disabled in the same, shall receive ^ jj. > and a pension of thirty-six dollars per month; and that all per- sons now on the pension-rolls, and all persons, hereafter granted a pension who in like manner shall have lost either an arm at the shoulder-joint or a leg at the hip-joint, or so near the joint as to prevent the use of an artificial limb, shall receive a pension at the rate of forty-five dollars per month; Provided, That nothing contained in this act shall Provi8 - be construed to repeal section forty- six hundred 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 dis- ability established for which section forty-six hundred and ninety-five makes no provision. 392 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Jan. 3, 1887. SEC. 2. That the twenty-third day of March, eighteen Survivors of hundred and eighty-two, being the date of finding the re- I 5 ( ( l ;. ini ' i s ;;; t ' ( / |;^; l inainsofthe commanding officer and others of the said ex- pedition, shall be deemed and taken to be the date of the or'nlli 1 decease of the following named officers and enlisted men ,!,,,, (i tfar. -j:t, o f the expedition, who lost their lives in the retreat from the wreck of the said steamer Jeannette, namely: Lieu- tenant-Commander George W.DeLong; Lieutenant Charles \V. Chipp; Passed Assistant- Surgeon James M. Ambler j Jerome J. Collins, meteorologist; William Dunbar, ice pilot; Walter Lee, machinist 5 Heurick H. Knack, Carl A. Gortz, Adolph Bressler, Hans H. Erichsen, Ah 8am, Alfred Sweetman, Henry D. Warren, Peter E. Johnson, Edward Star, and Albert G. Kuehne, seamen; Nelson Iverson, George W. Boyd, and Walter Sharvill, coal-heavers; and seaman Alexy. Amount herein g EC . 3. * * * Provided, further. That in any case appropriated to , , , ,, i i -i be dedacted from where heretofore a pension has been granted, or mayhere- pension. after in fact be granted, to any such widow, child, or dependent parent, by reason of the death of any of the persons named in the second section of this act, in the payment of such pension account shall be taken of any sum paid under this act, and to the extent of its amount said .sum shall be in lieu and stead of such pension, and no further. Jan. 29, 1887. That the Secretary of the Interior be, and he is hereby, Pension s to soi- authorized and directed to place on the pension-roll the o" Mexican*"!! liaines of the surviving officers and enlisted men, including who entitled.' 'marines, militia, and volunteers, of the military and naval services of the United States, who being duly enlisted, actually served sixty days with the Army or Navy of the United States in Mexico, or on the coasts or frontier thereof, or en route thereto, in the war with that nation, or were actually engaged in a battle in said war, and were honor- ably discharged, and to such other officers and soldiers and sailors as may have been personally named in any resolution of Congress for any specific service in said war, and the surviving widow of such officers and enlisted men: Pro- vided, That such widows have not remarried: Provided, That every such officer, enlisted man, or widow who is or may become sixty-two years of age, or who is or may become subject to any disability or dependency equivalent to some cause prescribed or recognized by the pension laws of the United States as a sufficient reason for the allowance of a pension, shall be entitled to the benefits of this act; but it shall not be held to include any person not within the rule of age or disability or dependence herein defined, or who incurred such disability while in any manner voluntarily engaged in or aiding or abettiug the late rebellion against the authority of the United States. Kj.to of ,.. SEC. L\ That pensions under section one of this act shall be at the rate of eight dollars per month, and payable only from and after the passage of this act, for and during the natural lives of the persons entitled thereto, or during the continuance of the disability for \\hich the same shall be granted: Provided, That section one of this act shall not PENSION LAWS NOW IN FORCE. 393 apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person re- ceiving a pension of less than eight dollars per month, ex- cept for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. SEC. 3. That before the name of any person shall be placed ul J*J^ and re e- on the pension -roll under this act, proof shall be made, under prescribed bythe such rules and regulations as the Secretary of the Interior ggJJ^y of In - may prescribe, of the right of the applicant to a pension; and any person who shall falsely and corruptly take any False oath to be oath required under this act shall be deemed guilty of per- Deemed perjury, jury; and the Secretary of the Interior shall cause to be stricken from the pension-roll the name of any person when- ever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this act. The loss of the certifi- LOSS of certifi- cate of discharge shall not deprive any person of the bene- C( fits of this act, but other record evidence of enlistment and service and of an honorable discharge may be deemed suffi- cient: Provided, That when any person has been granted Proviso. a land warrant, under any act of Congress, for and on ac- count of service in the said war with Mexico, such grant shall be prim a facie evidence of his service and honorable discharge; but such evidence shall not be conclusive, and maybe rebutted by evidence that such land- warrant was improperly granted. SEC. 4. That the pension laws now in force which are not inconsistent or in conflict with this act are hereby made a part of this act, so far as they may be applicable thereto. SEC. 5. That section forty-seven hundred and sixteen of section 47ie the Revised Statutes is hereby repealed so far as the same conflicts. 80 relates to this act or to pensioners under this act. SEC. 6. That the provisions of this act shall not apply to bi j^ litical disa any person while under the political disabilities imposed by l ty ' the fourteenth amendment to the constitution of the United States. That all pensions which have been, or which may here- Jane 7, isss. after be, granted under the general laws regulating pen- ""commence" sions to widows in consequence of death occurring from a "^^ widow ' s cause which originated in the service since the fourth day pe Mod?fyine act of March, eighteen hundred and sixty-one, shall commence JJ^^J* 1 "^ from the date of death of the husband. And provided fur- Re-enactS^Mar: ther. That all United States officer snow authorized to ad- ^X and Aug ' minister oaths are hereby required and directed to admin- Oattoi by u. s. ister any and all oaths required to be made by pensioners 00 and their witnesses, in the execution of their vouchers for their pensions free of charge. That from and after the passage of this act all persons Aug. 27, isss. on the pension rolls of the United States, or who may here- Deafness, after be thereon, drawing pension on account of loss of hearing, shall be entitled to receive in* lieu of the amount now paid in case of such disability, the sum of thirty dollars, in cases of total deafness, and such proportion thereof in 394 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. see note 4. cases of partial deafness as the Secretary of the Interior may deem equitable; the amount paid to be determined by the degree of disability existing in each case. Feb. 12, 1889. That from and after the passage of this act all persons LOSS of both who, in the military or naval service of the United States ha A fl t' Jui 27 an( ^ * u ^ ie ^ ne * duty l> ave lost both hands, shall be enti- 1892? extended tied to a pension of one hundred dollars per month. the time t w o years from July 1, 1892. Mar. 4, 1890. That all soldiers, sailors, and marines who have since the Totally disa- sixteenth day of June, eighteen hundred and eighty, or who bl see notes mav hereafter become so totally and permanently helpless from injuries received or disease contracted in the service and line of duty as to require the regular personal 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 six- teenth, 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 surgeons showing such degree of disability made subsequent to the passage of this act. June 27, 1890. That in considering the pension claims of dependent Dependent par parents, the fact of the soldier's death by reason of any cuts. wound, injury, casualty, or disease which, under the con- ditions and limitations of existing laws, would have entitled him to an invalid pension, and the fact that the soldier left no widow or minor children having been shown as required by law, it shall be necessary only to show by com- petent and sufficient evidence that such parent or parents are without other present means of support than their own manual labor or the contributions of others not legally bound for their support: Provided, That all pensions allowed to dependent parents under this act shall commence from date of the filing of the application hereunder and shall continue no longer than the existence of the dependence. i.hu^llavs 00 SEC / 2< Tn ? ft . a11 persons who served ninety days or Honorkl>ie dis- more in the military or naval service of the United States during the late war of the rebellion and who have been honorably discharged therefrom, and who are now or who may hereafter be suffering from a mental or physical (lisa bility of a permanent character, not the result of their own vicious habits, which incapacitates them from the perform- ance of manual labor in such a degree as to render them unable to earn a support, shall, upon making due proof of ^Note 4. For total dullness, or deafness approaching to total, affectingono ear, one- eighth of a pension may be allowed. For slight deafness in both oars, or severe or total deafness in one car and slight deafness in the other, one-fourth of a total pen- sion. For severe deafness of both oars, or total deafness in one ear and severe deaf- ness in the other, one-half of a total pension; or if the deafness should exist in a degree nearly total, time fourths of a total pension. For total deafness the pension for total disability should bo'allowed except in the cases for which the rate for total disability is less than .$l:i a month. (Pension Oilico Digest, p. 146.) Note o. -Amendment of act June 16, 1880. An intermediate rate of pension was established by act of July 14, 1892, wherein those who require frequent and periodical aid and attendance should receive $50 per month. PENSION LAWS NOW IN FORCE. 395 tlie fact according to such rules and regulations as the Sec- retary of the Interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to receive a pension not exceeding twelve dollars per month, and not less than six dollars per month, proportioned to the degree of inability to earn a support; and such pension shall commence from the date of the filing of the applica- tion in the Pension Office, after the passage of this act upon proof that the disability then existed, and shall con- tinue during the existence of the same: Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Pension Office, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves enti- tled thereto, receive the benefits of this act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and re- ceiving his pension under any other general or special act: Provided, however, That no person shall receive more than one pension for the same period : And provided further, That rank in the service shall not be considered in applica- tions filed under this act. SEC. 3. That if any officer or enlisted man who served widows and ninety days or more in the Army or Navy of the United mi States during the late war of the rebellion, and who was honorably discharged has died, or shall hereafter die, leav- ing a widow without other means of support than her daily labor, or minor children under the age of sixteen years, such widow shall upon due proof of her husband's death, without proving his death to be the result of his army service, be placed on the pension-roll from the date of the application therefor under this act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age, and in case of the death or remarriage of the widow, leaving a child or chil- dren of such officer or enlisted man .under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: Provided, That in case a minor insane or per child is insane, idiotic, or otherwise permanently helpless, the pension shall continue during the life of said child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted uncler this or any former statute, and such pen- sions shall commence from the date of application therefor after the passage of this act: And provided further, That said widow shall have married said soldier prior to the pas- sage of this act. SEC. 4. That no agent, attorney, or other person engaged Attorney, fee in preparing, presenting, or prosecuting any claim under the provisions of this act shall, directly or indirectly, con- tract for, demand, receive, or retain for such services in preparing, presenting, or prosecuting such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commissioner of Pensions, by the pension agent making payment of the pension allowed, and 396 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. wrongfully any person who shall violate any of the provisions of this r/cVn'fro^peS- section, or who shall wrongf ally withhold from a pensioner sioiur. or claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this act, shall be deemed guilty of a misdemeanor, and upon con- Fine ami im-viction thereof shall, for each and every such offence, be fined not exceeding five hundred dollars, or be imprisoned at hard labor not exceeding two years, or both, in the dis cretion of the court. June so, 1890. For Army and Navy pensions as follows: For invalids, Army and widows, minor children, and dependent relatives ; survivors Navy pensions, and widows of the war of eighteen hundred and twelve and with Mexico, ninety-seven million ninety thousand seven Proviso. hundred and sixty-one dollars: Provided, That the appro- priation aforesaid for Navy pensions shall be paid from the income of the Navy pension fund, so far as the same may be sufficient for that purpose: And provided further, That the amount expended under each of the above items shall be accounted for separately. Aug. 29, isoo. * * * And no officer, clerk, or employee of any execu- ~oaths7~ ~~ ti ye department who is also a notary public or other officer authorized to administer oaths, shall charge or receive any fee or compensation for administering oaths of office to employees of such department required to be taken on appointment or promotion therein. chief clerks to And the Chief Clerks of the several Executive Depart- ments and of the various bureaus and offices thereof in Washington, District of Columbia, are hereby authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. tired iSt n re " ^ EC - 2> Hereafter no officer of the Army, Navy or Marine Corps on the retired list shall draw or receive any pension under any law. Feb. 10, 1891. " E vei y guardian, conservator, curator, committee, tutor, Embezzlement or other person having charge and custody in a fiduciary e n 8 i n capacity of the pension of his ward, who shall embezzle the same in violation of his trust, or fraudulently convert the same to his own use, shall be punished by fine not exceed- ing two thousand dollars or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the court." jur. 8,1891. That the appropriation * * * for Navy pensions Pensions ac- shall be paid from the income of the Navy pension fund, so list 6 r retiredfar as the same maybe sufficient for that purpose: And provided further, That the amount expended under each of the above items shall be accounted for separately: And provided further, That hereafter no pension shall be allowed or paid to any officer, noil commissioned officer, or private in the Army, Navy, or Marine Corps of the United States, either on the active or retired list. Artificial limb. That section forty-seven hundred and eighty-seven of the 8> Amending act, Revised Statutes of the United States be amended by striking out the word "five" where it occurs therein, and inserting in lion thereof the word "three" so that when amended said section will read as follows: Every officer, PENSION LAWS NOW IN FORCE. 397 soldier, seaman, and marine who was disabled during the war for the suppression of the rebellion, in the military or naval service, and in the line of duty, or in consequence of wounds received or disease contracted therein, and who was furnished by the War Department since the seven- teenth day of June, eighteen hundred and seventy, with an artificial limb or apparatus for resection who was entitled to receive such limb or apparatus since said date, shall be entitled to receive a new limb or apparatus at the expira- tion of every three years thereafter, under such regulations as have been or maybe prescribed by the Surgeon-General of the Army. That soldiers and sailors who are shown to be totally July 14, 1892. incapacitated for performing manual labor by reason of Totally injuries received or disease contracted in the service of the bl !^ 08e United States and in line of duty, and who are thereby ing disabled to such a degree as to require frequent and period- ical, though not regular and constant, personal aid and attendance of another person, 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 ex- amining surgeons showing such degree of disability, and made subsequent to the passage of this act. That section nine of the act for the relief of certain vol- j u i y 27, 1892. unteer and regular soldiers of the late war and the war Desertion witli Mexico, passed March second, anno Domini eighteen Amending sec. hundred and eighty-nine, be, and the same is hereby, so mv* amended as to extend the time for the limitation of tto^jjgjj 4 ** 10 *^ operation of said section for the period of two years from tion for S renvai. the first of July, eighteen hundred and ninety- two. That the act entitled "An act amending the pension law Aug. i, 1892. so as to remove the disability of those who, having partici- Pemion8t080] . pated in the rebellion, have since its termination enlisted diers and sailors in the Army of the United States, and become disabled," approved March third, eighteen hundred and seventy- seven, be, and the same is hereby, amended so as to read as follows : " That the law prohibiting the payment of any money Act of Mar. 3, on account of pensions to any person, or to the widow, chil- isTj.aa amended'. j i n -* 1 -I * "5., 471b. dren, or heirs of any deceased person who, in any manner, engaged in or aided or abetted the late rebellion against the authority of the United States, shall not be construed to apply to such persons as afterward voluntarily enlisted in either the Navy or Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty.'' ******* That any pension heretofore or that may hereafter be Dec. 21, isos. granted to any applicant therefor under any law of the Pen8ion not to United States authorizing the granting and payment of be withheld or pensions, on application made and adjudicated upon, shall be deemed and held by all officers of the United States to be a vested right in the grantee to that extent that pay- ment thereof shall not be withheld or suspended until, after due notice to the grantee of not less than thirty days, the Commissioner of Pensions, after hearing all the evidence, 398 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. shall decide to annul, vacate, modify, and set aside the decision upon which such pension was granted. Such notice to grantee must contain a full and true statement of any charges or allegations upon which such decision granting such pension shall be sought to be in any manner disturbed or modified. Aug. 23, 1894. That hereafter, in addition to the officers now authorized vouchers may to administer oaths in such cases, fourth-class postmasters be executed be o f the United States are hereby required, empowered, and authorized to administer any and all oaths required to be made by pensioners and their witnesses in the execution of their vouchers with like effect and force as officers hav- ing a seal; and such postmaster shall affix the stamp of his office to his signature to such vouchers, and he is author- ized to charge and receive for each voucher not exceeding twenty-five cents, to be paid by the pensioner. MM-. 2, 1895. That from and after the twenty-eighth day of September, Accrued pen- eighteen hundred and ninety-two, the accrued pension to whom p < Sd andt the date of the death of any pensioner, or of any person entitled to a pension having an application therefor pend- ing, and whether a certificate therefor shall issue prior or subsequent to the death of such person, shall, in the case of a person pensioned, or applying for pension, on account of his disabilities or service, be paid, first, to his widow; second, if there is no widow, to his child or children under the age of sixteen years at his death; third, in case of a widow, to her minor children under the age of sixteen years at her death. Such accrued pension shall not be considered a part of the assets of the estate of such deceased person, nor be liable for the payment of the debts of said estate in any case whatsoever, but shall inure to the sole and exclu- sive benefit of the widow or children. And if no widow or child survive such pensioner, and in the case of his last surviving child who was such minor at his death, and in case of a dependent mother, father, sister, or brother, no payment whatsoever of their accrued pension shall be made or allowed except so much as may be necessary to reim- burse the person who bore the expense of their last sick- ness and burial, if they did not leave sufficient assets to meet such expense. And the mailing of a pension check, drawn by a pension agent in payment of a pension due, to the address of a pensioner, shall constitute payment in the event of the death of a pensioner subsequent to the execu- tion of the voucher therefor. And all prior laws relating to the payment of accrued pension are hereby repealed. Mr. 2, 1896. * That so much of the fourth proviso of an Act 28stat.L., 703. entitled "All Act making appropriations for the payment >D8 - of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninety-four, and for other purposes," approved March first, eighteen hundred and ninety- three, which reads as follows : no A bar nage to be "That from and after July first, eighteen hundred and ninety-three, no pension shall be paid to a nonresident who is not a citizen of the United States, except for actual dis M?r p i al c h f I is7' a ^^i^ es incurred in the service," last clause, p.102 1 . be and the same is hereby repealed. PENSION LAWS NOW IN FORCE PERJURY. 399 That in considering claims filed under the pension laws, Mar, is, isoe. the death of an enlisted man or officer shall be considered Death pre as sufficiently proved if satisfactory evidence is produced establishing the fact of the continued and unexplained ab- sence of such enlisted man or officer from his home and family for a period of seven years, during which period no intelligence of his existence shall have been received. And any pension granted under this Act shall cease upon preof that such officer or enlisted man is still living. SEC. 2. * * * No master, mate, pilot, or engineer of May28,i896. steam vessels licensed under title fifty-two of the Revised Masters, mates, Statutes shall be liable to draft in time of War, except for^ 8 ' J^Vall" the performance of duties such as required by his license; same pension and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer tain cases shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges ac- corded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. from ab pension ceases, ^ PERJURY. Sec. Sec. 1023. Prosecutions for perjury. 5396. Form of indictment for perjury. 1624. To obtain claims. 5397. Indictment for subornation of per- 5392. Punishment. J ur y- 5393. Subornation of perjury. SEC. 1023. In prosecutions for perjury committed onxitiei3,chap.i8. examination before a naval general court martial, or for ^Prosecutions the subornation thereof, it shall be sufficient to set forth the ^ offense charged on the defendant, without setting forth Ji the authority by which the court was held, or the particu- 1 lar matters brought before, or intended to be brought e before, said court. SEC. 1624. Art. 14. Fine and imprisonment, or such other Title i5,chap.io. punishment as a court-martial may adjudge, shall be inflcted For the pur . upon any person in the naval service of the United States pose of obtaining claims. * * # * * # * Mar. 2, 1863, s. 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 of, any oath to any fact or to any writing or other paper, knowing such oath to be false. SEC. 5392. Every person who, having taken an oath Title 70, chap. 4. before a competent tribunal, officer, or person, in any case Perjury in which a law of the United States authorizes an oath to Apr. so, 1790, a. be administered, that he will testify, declare, depose, or j certify truly, or that any written testimony, declaration, v. 4, p. us. deposition, or certificate by him subscribed is true, will- fully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is 400 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. guilty of perjury, and shall be punished by a tine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than live years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. subornation of SEC. 5393. Every person who procures another to com- perjury.^ ^^ m ^ ^^ p er j urv ] s guilty of subornation of perjury, and Suf^i&fikJ*! P uuisuable as in tne preceding section prescribed. v.4,p.'ll8. ' Form of indict g^c. 5396. In every presentment or indictment prose- m Tpr f r 3o? rJ S,' cuted against any person for perjury, it shall be sufficient a. 19, v.i, p. lie. se t forth the substance of the offense charged upon the defendant, and by what court, and before whom the oath was taken, averring such court or person to have compe- tent authority to administer the same, together with the proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, informa- tion, indictment, declaration, or any part of any record or proceeding, either in law or equity, or any affidavit, depo- sition, or certificate, other than as hereinbefore stated, and without setting forth the commission or authority of the court or person before whom the perjury was committed. indictment for SEC. 5397. In every presentment or indictment for sub- perjury? 11 ' ornation of perjury, it shall be sufficient to set forth the ibid., s. 20. substance of the offense charged upon the defendant, with- out setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding cither in law or equity, or any affidavit, deposition, or certificate, and without setting forth the commission or authority of the court or person before whom the perjury was com- mitted, or was agreed or promised to be committed. PIRACY, ROBBERY. Sec. 5370. Robbery upon the high seas. 5371. Robbery on shore by crew of pirat- Sec. 536. District courts to have jurisdiction of cases. 4293. Public vessels to suppress piracy. ical vessel. 4284. Seizure of piratical vessels. f>:i72. Murder, etc., upon the higli seas. 4295. Merchant -vessels may resist j 5373. Piracy under color of a commission pirates. from a foreign power. 4296. Condemnation of piratical vessels. 5374. Piracy by subjects or citizens of a 4297. Seizure of vessels fitted out for *. Whatvei 4298. What vessels may be authorized to seize pirates. 4299. Duty of officers of customs and marshals. 5323. Accessory before the fact to piracy, etc. 5324. Accessory after the fact to robbery or piracy. 5368. Piracy under the law of nations. 5301). Seaman laying violent hands on his commander. foreign state. 5375. Piracy in confining or detaining negroes on board vessels, etc. 5376. Piracy in landing, seizing, etc.. ne- groes on any foreign shore. 5383. .Running away with or yielding up vessel or cai-i^o. 5384. Confederating, etc., with pirates. 5533. Accessory after the fact of pirae\ ; punishment. Title 18, chap. 8. SEC. 563. The district courts shall have jurisdiction of Mar. 3, 1823, v. all cases arising under act for the punishment of piracy, i826, 7 v J; 3^p ay 6oo' ; wnei1 no circuit court is held in the district of such court. Jan.' 30, 1823, v. 3,' p. 721. District courts to have jurisdiction of cases. PIRACY AND ROBBERY, ETC. 401 SEC. 4293. The President is authorized to employ so Title 48 > chft p- 8 - many of the public armed vessels as in his judgment the Public vessels service may require, with suitable instructions to the com- J c> suppress pl ". manders thereof, in protecting the merchant- vessels of the Mar. 3 isig, a. United States and their crews from piratical aggressions siuszJI V. ' and depredations. SEC. 4294. The President is authorized to instruct commanders of the public armed vessels of the United Mar. States to subdue, seize, take, and send to any port of the J^' United States, any armed vessel or boat, or any vessel or 721. boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. SEC. 4295. The commander and crew of any merchant- vessel of the United States, owned wholly, or in part, by a 3 1819 s citizen thereof, may oppose and defend against any aggres- 3, v ar V P. 513'; sion, search, restraint, depredation, or seizure, which shall J^i 30 ' 1823 '^ 3 ' be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and cap ture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of, the United States. SEC. 4296. Whenever any vessel, which shall have been condemnation , .,. , , , J . -, / . . , i <. of piratical ves- built, purchased, fitted out in whole or in part, or held for 8 eis. the purpose of being employed in the commission of any 4 ^J r p \J*. j^- piratical aggression, search, restraint, depredation, or seiz- 36/1823, v.V p! lire, or in the commission of any other act of piracy as S/vfuRftS? 1 defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and dis- tribution thereof accordingly, and at its discretion. SEC. 4297. Any vessel built, purchased, fitted out whole or in part, or held for the purpose of being employed pracy. in the commission of any piratical aggression, search, 8 . restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or 376 26 402 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. what S3 tT "Idem * 2 pi and marshals, Title 70, chap, i. Accessory be- $racy h etc fact to 10 A v pr- 3oj7oo, s. seoactof Aug. 6, 1894, amending sees. 5365 and 5366, title, "Mer- chant vessels." Accessory robbery or pi Apr "30 1790 s 11, v. i',p.'ii4. ' see sec. 5533. from such vessel or not ; and any such vessel may be adjudged and condemned, if captured by a vessel author- ized as hereinafter mentioned, to the use of the United States and to that of the captors, and it' seized by a col- lector, surveyor, or marshal, then to the use of the United States. vessels SEC. 4298. The President is authorized to instruct the commanders of the public armed vessels of the United States, and to authorize the commanders of any other armed vessel sailing under the authority of any letters of marque and reprisal granted by Congress, or the command- ers of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in the preceding section. SEC - 4299< Th . e collectors of the several ports of entry, the surveyors of the several ports of delivery, and the mar- shals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section forty-two hundred and ninety-seven, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section. g EC 5323. Every person who knowingly aids, abets, causes, procures, commands, or counsels another to commit any murder, robbery, or other piracy upon the seas, is an accessory before the fact to such piracies, and every such person being thereof convicted shall suffer death. SEC. 5324. Every person who receives or takes into cus- tody any vessel, goods, or other property feloniously taken ^ )V ailv ro ^ er or pirate against the laws of the United States, knowing the same to have been feloniously taken, ftn( j everv p erson who, knowing that such pirate or robber has done or committed any such piracy or robbery, on the land or at sea, receives, entertains, or conceals any such pirate or robber, is an accessory after the fact to such rob- bery or piracy. Note 1. Piracy is defined by the law of nations to be a forcible depredation upon property on the high seas, without lawful authority, done animo furandi; that is, :IH defined, in this connection, in a spirit and intention of universal hostility. A pintle is said to be one who roves the sea in an armed vessel, without any commis- sion from any sovereign state, on his own authority, and for the purpose of seizing l>v lorce jiud appropriating to himself, without discrimination, every vessel he may meet. United States v. Baker, 5 Blatchford, 11, 12. Cited in Cadwalader'a State Department Digest, p. 77.) To make the tiring of one vessel into another a piratical aggression within the act of 1819, section . r >:!(>8, R. S., it must be a first aggression unprovoked by any pre- vioii* act of hostility or menace from the other side. (Cadwalader's Digest ;' Op., I \ , 1 14.) Robbery, or forcible depredation upon the high sea, animo furandi, is piracy by the law of nations. Cadwalader's Digest, p. 76, cites 5 Wheaton, 153. A vessel loses her national character by assuming a piratical character, and a piracy commit- ted by a foreigner from on board such a vessel whatever, is punishable under act of 1790, section 5360, R. S. (Idem, p. 77, cites 5 Wheaton, 184.) Every hostile attack, in time of peace, is not necessarily piratical. It may bo by mistake, or in necessary self defense, or to repel a supposed .meditated attack by pirates. It may be justifiable, and then no blame attaches to the act ; or it may be without just excuse, and then it carries responsibility in damages. (CadwaJatler's Digest, p. 77, cites 11 Whoaton, 40, 41, and 2 Howard, 236.) Merchant vessels suspected of being engaged in illicit trade forbidden by the laws of Congress may bo seized and detained by pub'ic armed vessels. (Op., 3, 405.) 403 SEC. 5368. Every person who, on the high seas, commits e 70 : cha ^ the crime of piracy as denned by the law of nations, and is Piracy under afterward brought into or found in the United States, shall Ji 118 law suffer death. See sees. 5323- 5'J33. Mar. 3, 1819,. s. 5, v. 3, p. 513; May 15, J820. s. 2, v. 3, p. 600; Jan. 30, 1823, v. 3, p. 721. SEC. 5369. Every seaman who lays violent hands upon vi !S ^nlS^f his commander, thereby to hinder and prevent his fighting bis commander. in defense of his vessel or the goods intrusted to him, is a 8 ^- p '' 8- pirate, and shall suffer death. SEC. 5370. Every person who, upon the high seas, or in itobbery upon any open roadstead, or in any haven, basin, or bay, or in t May g i5, 8 i82o, s. any river where the sea ebbs and flows, commits the crime 3 - v - 3, p.'eoo. ' of robbery, in or upon any vessel, or upon any ship's com- pany of any vessel, or the lading thereof, is a pirate, and shall suffer death. SEC. 5371. Every person engaged in any piratical cruise Robbery on , J . ,. J . ,. , shore bv crew of or enterprise, or being ot the crew ot any piratical vessel, piratical vessel. who lauds from such vessel and on shore commits robbery, Ibid - is a pirate, and shall suffer death. SEC. 5372. Every person who commits upon the high u ^ r t^ r &; seas, or in any river, harbor, basin, or bay, out of the juris- seas. diction of any particular State, murder or robbery, or any g ^^ .so 1790, 8 . other offense which, if committed within the body of a county, would be punishable with death by the laws of the United States, is a pirate, and shall suffer death. SEC. 5373. Every citizen who commits any murder or piracy under robbery, or any act of hostility against the United States, J^ io j f f ro ^ m ^ or against any citizen thereof, on the high seas, under color foreign power. a of any commission from any foreign prince, or state or onp 1 ^ 111 ' 8 ' 9 ' v>1 ' pretense of authority from any person, is, notwithstanding the pretense of such authority, a pirate, and shall suffer death. SEC. 5374. Every subject or citizen of any foreign state, . Piracy by .sub- ,./.-,-, i , J T . xi_ J ec ts or citizens who is found and taken on the sea making war upon the of a foreign state. United States, or cruising against the vessels and property 9 ^Y^ 1 184?1 v ' thereof, or of the citizens of the same, contrary to the pro- visions of any treaty existing between the United States and tbe state of which offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall suffer death. SEC. 5375. Every person who, being of the crew or ship's P>nwy in c n - n / -I i j_i i j_ \ fining or detain- company of any foreign vessel engaged in the slave-trade, ing negroes on or being of the crew or ship's company of any vessel owned b Ma y YA e 82o s wholly or in part, or navigated for or in behalf of any citi- 5, \. 3, p. GOI. ' zen, forcibly confines or detains on board such vessel any sssi^seS^' negro or mulatto, with intent to make such negro or mulatto Trade. a slave, or, on board such vessel, offers or attempts to sell, as a slave, any negro or mulatto, or on the high seas, or anywhere on tide- water, transfers or delivers to any other vessel any negro or mulatto with intent to make such negro or mulatto a slave, or lands or delivers on shore from on board such vessel any negro or mulatto with intent to make 404 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. sale of, or having previously sold such negro or mulatto as a slave, is si pirate, and shall suffer death. in land- SEC. 537G. Every person who, being of the crew or ship's ne|Voel zi on e any company of any foreign vessel engaged in the slave-trade, foreign shore, or being of the crew or ship's company of any vessel, owned Idem, 8. 4, p. . ^ j / i_ i in & >' 600. in whole or part, or navigated for, or in behalf of, any citi- zen, lands from such vessel, and, on any foreign shore, seizes any negro or mulatto with intent to make -such negro or mulatto a slave, or decoys, or forcibly brings, or carries, or receives such negro or mulatto on board such vessel, with like intent, is a pirate, and shall suffer death, away SEC. 5383. Every captain, other officer, or mariner, of a e r k car'- vessel on the high seas, or on any other waters within the go- admiralty and maritime jurisdiction of the United States, 5,v.9fp.73 ; Apr! who piratically or feloniously runs away with such vessel, 30,^1790, s. a, v. i, or yrith any goods or merchandise thereof, to the value of fifty dollars, or who yields up such vessel voluntarily to any pirate, shall be fined not more than ten thousand dol- lars, or imprisoned at hard labor not more than ten years, or both. confederating, SEC. 5384. If any person attempts or endeavors to cor- et A^! 20^1790^8*. rupt any commander, master, officer, or mariner to yield up 12, v. i, p.'ii5. or to run away with any vessel, or with any goods, wares, or merchandise, or to turn pirate, or to go over to or confed- erate with pirates, or in anywise to trade with any pirate, knowing him to be such, or furnishes such pirate with any ammunition, stores, or provisions of any kind, or fits out any vessel knowingly and with a design to trade with, sup- ply, or correspond with any pirate or robber upon the seas; or if any person consults, combines, confederates, or cor- responds with any pirate or robber upon the seas, knowing him to be guilty of any piracy or robbery; or if any sea- man confines the master of any vessel, he shall be impris- oned not more than three years, and fined not more than one thousand dollars. Title 70, chap. 8. SEC. 5533. Every accessory after the fact to murder, rob- Accessoryafter bery, or piracy, shall be imprisoned not more than three Iier, f robbcij" U or years, and fined not more than five hundred dollars. piracy. Apr. 30. 1790, s. 11, v. 1, p. 114. See sec. 5324. PILOTS PILOTAGE. Sec. 4235. State regulation of pilots. 4236. Pilots on boundaries. 4237. No discrimination in rates of pilot- age. Act Apr. 17, 1874. Aliens, in certain cases, to be licensed as engineers and pilots. Act Apr. 5, 1882. Masters, engineers, etc., to pay license fee. Titie48,ch P .5. g EC 4235. Until further provision is made by Congress, state reguia- all pilots in the bays, inlets, rivers, harbors, and ports of Aug.? 17*89,8. the United States shall continue to be regulated in con- 4, v.i, P . 54. formity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respectively enact for the purpose. arie8 t8 b "t l w"" d n ^ E0 ' ^**6. The master of any vessel coming into or states. "going out of any port situate upon waters which are the boundary between two States, may employ any pilot duly PIRACY AND ROBBERY PILOTS, ETC. 405 licensed or authorized by the laws of either of the States 5 M ^- 3 2 ' 1837> v - bounded on such waters, to pilot the vessel to or from such ' port. SEC. 4237. No regulations or provisions shall be adopted by any State which shall make any discrimination in j 3 1866 v rate of pilotage or half-pilotage between vessels sail in gu, p. 93. ' between the ports of one State and vessels sailing between Seo note J - the ports of different States, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the United States; and all existing regulations or provisions making any such discrimination are annulled and abrogated. That any alien who, in the manner provided for by law, Apr. 17, 1874. has declared his intention to become a citizen of the United is stat. L., so. States, and who shall have been a permanent resident of^^JJ^jJJJ the United States for at least six months immediately be licensees on- prior to the granting of such license, may be licensed, as if f ? 8 ee t? se?ve Sn already naturalized, to serve as an engineer or pilot upon steam vessels. any steam-vessel subject to inspection under the provisions 4i,' 4438, 8 444i', of the act entitled "An act to provide for the better security 44 ^- & T{* i in i n -i 11 r 1884, June 26, of life on board of vessels propelled, in whole or in part, ch.m. see title by steam, and for other purposes," approved February ^usbip^p.^o. 11 twenty-eighth, eighteen hundred and seventy-one (2). see note 2. That Section forty-four hundred and fifty-eight of the Apr. s, issa. Ee vised Statutes be, and is hereby, amended by striking 22 stat. L., 40. out of the paragraph, beginning in the eighth line thereof, ne^^uSt/aSa the following words, that is to say "Each Master, chief nfatS ^fsteam. engineer, and first class pilot licensed as herein p rov ided lopaylicen8e shall pay for every certificate granted by any inspector or substitute for inspectors the sum of ten dollars and every chief Mate, tofE ' S- ' 8ec ' engineer, and pilot of an inferior grade shall pay for every ig J J lne 4 3 certificate so granted the sum of five dollars" and insert 6 see title Aliens in lieu thereof the following "Each Master, engineer, an 8i 17< class matter], proof sheets, corrected proof sheets, and man- uscript copy accompanying the same, and postage shall be paid at the rate of one cent for each two ounces or fractional part thereof, and shall fully be prepaid by postage stamps affixed to said matter. Printed matter other than books received in the mails from foreign countries under the pro- visions of postal treaties or conventions shall be free of cus- toms duty, and books which are admitted to the international mails exchan ged under the provisions of the Universal Postal Union Convention may, when subject to customs duty, be delivered to addresses in the United States under such regu- lations for the collection of duties as may be agreed upon by the Secretary of the Treasury and the Postmaster-General. That the term "circular" is defined to be a printed letter, fil ^ ircular de ~ which, according to internal evidence, is being sent in iden- idem, a. is. tical terms to several persons. A circular shall not lose its character as such, when the date and theuame of the address and of the sender shall be written therein, nor by the cor- rection of mere typographical errors in writing. That u printed matter" within the iutendment of this "Printed mat- act is defined to be the reproduction upon paper, by any te idVro, " e ii. process except that of handwriting, of any words, letters, characters, figures, or images, or of any combination thereof, not having the character of an aetual and personal correspondence. That mailable matter of the fourth class shall embrace m all matter not embraced in the first, second, or third class, "idem, 8.20. which is not in its form or nature liable to destroy, deface, See note l - or otherwise damage the contents of the mail bag, or harm the person of any one engaged in the postal service, and is not above the weight provided by law, which is hereby declared to be not exceeding four pounds for each package thereof, except in the case of single books weighing in excess of that amount, and except for books and documents published or circulated by order of Congress, or official matter emanating from any of the departments of the gov- ernment, or from the Smithsonian Institution, or which is not declared non-mailable under the provision of section thirty-eight hundred and ninety-three of the Eevised Statutes, as amended by the act of July twelfth, eighteen hundred and seventy-six, or matter appertaining to lot- teries, gift concerts, or fraudulent schemes or devices. Note I. Obscene books, pictures, scurrilous letters, etc. 408 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. M:ir. :?. is7!>. All mail-matter of the first class upon which one full rate Deficient post- of postage has been prepaid shall be forwarded to its des- ag s'26 ch 180 v tination, charged with the unpaid rate, to be collected on 20, j>. 355. delivery. * * * Postage on first- And upon all matter of the first class * * * postage Mar"? lisa. 8. shall be charged, on and after the first day of October A. I). i, v. 22, p. 455. eighteen hundred and eighty- three at the rate of two cents for each half ounce or fraction thereof. HOW procured. That the Secretaries, respectively, of the Departments iaf?'}i?, c j:<^ State, of the Treasury, War, Navy, and of the Interior, seal and the Attorney General, are authorized to make requisi- tions upon the Postmaster-General for the necessary amount of official postage-stamps for the use of their departments, not exceeding the amount stated in the estimates submit- ted to Congress ; and upon presentation of proper vouchers therefor at the Treasury , the amount thereof shall be cred- ited to the appropriation for the service of the Post-Office Department for the same fiscal year. ^ n( ^ ^ shall be the duty of the respective departments to inclose to Senators, Representatives, and Delegates in idem. Congress, in all official communications requiring answers, or to be forwarded to others, penalty envelopes addressed as far as practicable, for forwarding or answering such offi- cial correspondence. Mar. 3, is??, H. That it shall be lawful to transmit through the mail, free 'pcwlity envei- of postage, any letters, packages, or other matters relating op 8 - exclusively to the business of the Government of the United States: Provided, That every such letter or pack- age to entitle it to pass free shall bear over the words indorsement. ''Official business " an indorsement showing 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. And if any person shall make use of any such official envelope to avoid the pay- ment of postage on his private letter, package, or other matter in the mail, the person so offending shall be deemed guilty of a misdemeanor, and subject to a fine of three hun- dred dollars, to be prosecuted in any court of competent jurisdiction. Note 2. The Department stamps can be used to prepay fees on registered letters. (Op. Asst. Att'y Gen'l, P. O. Dept., May 11, 1879.) They can also be used to pay return postage on answers to communications sent by Government officers to private individuals; the penult 3' envelopes can not hewn used. (Ibid.) Official correspondence for Canada maybe sent in penalty envelopes or prepaid with Department stamps. If sent to oth'er foreign countries embraced in the I'ni versal Postal Union, it can bo prepaid only by means of the ordinary postage stamps. It can not be sent in the penalty envelopes. Foreign countries to which ollicial correspondence may be prepaid with the official postage Ht am ps are such only as are supplied with mails from the United States by direct services, and not through the intermediary of Postal Union countries. The following are of that class : The Australian colonies (North, South, and West Aus tralia. New Smith Wales, Queensland, and Victoria), Tasmania, New Zealand, Chat ham, Fiji, Samoan, and Norfolk Islands, via San Francisco; Bolivia, via Colon and Panama, North China destinations, via San Francisco, in mails to the United Stales postal agent at Shanghai. (Post-Office Department to Navy Department, 1883.) POSTAGE, MAIL MATTER, ETC. 409 SEC. G. That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Depart- ments of the United States to provide for itself and its subordinate offices the necessary envelopes ; and in addi- tion to the indorsement designating the Department in which they are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon. The provisions of the above sections (act March 3, 1877) " are hereby extended to all officers of the United States use o Government, and made applicable to all official mail-matter transmitted between any of the officers of the United States, or between any such officer and either of the execu- tive departments or officers of the government, the envel- opes of such matter in all cases to bear appropriate indorse- ments containing the proper designation of the office from which 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 sent from the Smith- sonian Institution : Provided, That this act shall extend or or apply to pension-agents or other officers who receive a fixed allowance as compensation for their services, includ- ing expenses for postage." ******* That the Postmaster- General is hereby authorized to take en ^{ * " 8 ". the necessary steps to introduce and furnish for public usebie postal card a letter-sheet envelope, on which postage- stamps of the denominations now in use on ordinary envelopes shall be Note 3. This section does not impose upon the Executive Department :it Washing- ton the duty of furnishing such envelopes to the various subordinate officers throughout the United States who are under their supervision, hut whose offices are not offices in those Departments, excepting, of course, cases where that duly is re- quired by other statutory provisions than those above mentioned. (Op., XVI, p. 455, Jan. 30,1880, Devens.) Where the envelopes are not furnished by the Departments, they may be pre- pared for their own use by the officers contemplated in section 29 of said act of March 3, 1879. This statute does not require that the penalty, etc., on such envelopes should be printed rather than written. (Ibid.) The indorsements on the penalty envelopes may be printed, written, or impressed by stamp. (Op., Assistant Attorney-General, P. O. Department, Apr. 21, 1879.) The penalty envelopes can not be properly used by officers in replying to a post- master on matters not official ; for instance, when a postmaster notifies paid officer of private mail matter being in the office, which will be sent to him on the return of the requisite postage, the officer can not use the penalty stamp in making his reply. (Post Office ruling.) Officers of the Navy, who have no "office," in the sense that term is generally used, can send official mail matter, free of postage, between themselves, or to the Executive Departments, by using envelopes bearing the indorsement "official busi- ness," with their signature and rank, and a statement of the penalty for their misuse the indorsements to be printed, or impressed by a stamp, or written. (Op. Assistant Attorney-General, P. O. D., Apr. 20, 1879.) The twenty-ninth section of the act of March 3, 1879 (Postal Laws and Regulations, section 251), extending to all officers of the United States Government the provisions of the sections numbered 249 and 250, Postal Laws and Regulations, for the trans- mission of official mail matter, requires all officers who are not departmental in their character to use envelopes which bear the appropriate indorsements, containing the name of the office from which the same are transmitted, with a statement of the pen alty for their misuse; and the use of the envelopes must be absolutely restricted to official mail matter transmitted between officers of the United States, or between any such officer and either of the Executive Departments or officers of the Govern- ment. The signature of the officer and his official title is not a compliance with the law ; the name of the office from which they are transmitted must also be given on the envelope. (Rule 604, Post-Office Guide, Jan., 1883.) Official communications may be sent by officers of the Government under cover of the penalty envelope to private individuals ; but such envelopes can not be inclosed for the purpose of eliciting a reply. (Rule 606, idem.) 410 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. placed. And the Postmaster-General is also authorized to introduce and furnish for public use a double postal card, on which shall be placed two one-cent stamps, and said card to be so arranged for the address that it may be for- warded and returned, said cards to be sold for two cents apiece; and also to introduce and furnish for public use a double-letter envelope, on which stamps of the denomina- tions now in use maybe placed, and with the arrangement for the address similar to the double postal card; said let- ter-sheet and double postal card and double envelope to be issued under such regulations as the Postmaster-General may prescribe. jn. 27, 1894. SEC. 6. That section four thousand and thirty-nine of 28stat.L.,io. the Revised Statutes of the United States be amended by t 2 e n c f a ld e vie le to adclin ^ the Blowing: be^ttichedtoac "That it shall be the duty of the postmasters to attach counts. fco t j )e j r accoun ts rendered to the Auditor of the Treasury for the Post-Office Department the letters of advice, or if lost evidence of that fact, recalled from the post-office to which originally sent for all repayments of domestic money orders provided for in this section and in section four thou- RS., sees. 4038, sand ai , d thirty-eight of the Revised Statutes of the United States.' 7 i894 C * Jnn ' 2?1 SEC< ** Wneiiever a money-order has been lost, within Replacing lost one year from the last day of the month of issue, the or sub 8 atitute for Postmaster-General, upon the application of the remitter sec. 4040. or payee of such order, may cause a duplicate thereof to be ch!m. Jaly 1G issued, without charge, providing the party losing the origi- nal shall furnish a certificate from the postmaster by whom it was payable that it has not been, and will not thereafter be, paid; and a similar certificate from the postmaster by whom it was issued that it has not been, and will not there- after be, repaid. Jan. 27, 1894. That the first section of the Act approved January third, 28 stat. L., so. eighteen hundred and eighty-seven, modifying certain pro- Poatai notes visions of the Act approved March third, eighteen hundred a Rc-peai of 1887, and eighty- three, and entitled "An Act to modify the postal ?i an snpp'' li' s 1 money-order system, and for other purposes," 517, 518); ma! and the first section and such provisions of the second sec- ,. as are applicable to postal notes of the Act approved .; 405, 406). ' March third, eighteen hundred and eighty three, entitled "An Act to modify the postal money-order system, and for other purposes," be, and the same are hereby, repealed, b u t nothing herein contained shall prevent the payment, after July first, eighteen hundred and ninety-four, in the manner provided by existing law, of postal notes issued prior to that date, and any such postal notes, if presented for payment more than one year from the last day of the month of their issue, may be paid by warrant, as provided by section four of this Act in the case of money orders. SEC - 2 - That section three of the said Act of March third, eighteen hundred and eighty- three, as amended by the Act POSTAGE, MAIL MATTER, ETC. 411 of June twenty-ninth, eighteen hundred and eighty-six, enti- tied "An Act to reduce the fee on domestic money orders 123', s.3, ani for sums not exceeding five dollars," be amended to read as follOWS : 498). "That a money order shall not be issued for more than one hundred dollars, and that fees for domestic money orders shall be as follows, to wit: "For orders not exceeding two dollars and fifty cents, ^JjJJ for raone y three cents. " For orders exceeding two dollars and fifty cents and not exceeding five dollars, live cents. " For orders exceeding five dollars and not exceeding ten dollars, eight cents. "For orders exceeding ten dollars and not exceeding twenty dollars, ten cents. "For orders exceeding twenty dollars and not exceeding thirty dollars, twelve cents. "For orders exceeding thirty dollars and not exceeding forty dollars, fifteen cents. "For orders exceeding forty dollars and not exceeding fifty dollars, eighteen cents. "For orders exceeding fifty dollars and not exceeding sixty dollars, twenty cents. "For orders exceeding sixty dollars and not exceeding seventy-five dollars, twenty-five cents. "For orders exceeding seventy-five dollars and not exceed- ing one hundred dollars, thirty cents.' 7 SEC. 4. The Secretary of the Treasury and the Postmas- July ie, iso*. ter-General shall cause to be destroyed in such manner as as stat. L., 104. they may deem best all Money Order Statements rendered ctc ^roY-bo e de' by Postmasters and all paid Money Orders and paid Postal stayed after ten Notes accompanying the same, now filed in the office of the ye ee'note 4. Auditor of the Treasury for the Post Office Department, or which may hereafter be filed therein, after ten years shall have elapsed from the expiration of the period covered by such statements: Provided, That the Postmaster-General upon evidence -now paid. satisfactory to him, and under such special regulations as he shall prescribe, may cause payment to be made in the manner prescribed in sections four and eleven of the Act ^^/J^ 21 ; approved January twenty- seventh, eighteen hundred and i67-i69 88 ' ninety-four, of the amount of any Money Order remaining unpaid after the lapse of ten years from the date of its issue. Note 4. See act regulating disposition of useless papers in Executive Depart- ments, 1889, Feb. 16, ch. 171 (1 Supp. R. S., 644), and note thereon. 412 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. PRIZE. Sec. Sec. 4613. Application of provisions of Title. | 4631. Distribution of proceeds to captors. 4614. What are "vessels of the Navy." ! 4632. What vessels are entitled to share. 4615. Duties of commanding officer upon I 4633. What officers are entitled to share. making captures. ipn felt 4616. Statement of claim to share in prize. 4617. Duties of prize-master. 4621. Appointment of prize-commission- ers. 4622. Duties of prize commissioners. 4624. Appraisal, etc., of property taken for Government. 4634. Determination of shares. 4635. Bounty for persons on board vessels sunk or destroyed. 4639. Costs and expenses. 4640. Payment of expenses from prize- fund. 4641. Payment of prize-money. 4642. Distribution of bounty, salvage, etc. 4625. Proceedings for adjudication where 4643. Assignments, etc., of prize-money property is not sent in. and bounty. 4626. Delivery of property on stipulation. ! 4652. Recaptures. 4G27. When property may be sold. ; 5310. Property taken on inland waters. 4628. M ode of making sale. j 5441. Delaying or defrauding captor or 4630. Share of captors. claimant. Title 54. SEC. 4613. The provisions of this Title shall apply to all Application of captures made as prize by authority of the United States, Stie vi8io?s f r adopted and ratified by the President of the United June 30, 1864, s. States. 33, v. 13, p. 315. sete S? the'Xavj! SEC. 4614. The term " vessels of the Navy," as used in ibid., s. 32. 'this Title, shall include all armed vessels officered and manned by the United States, and under the control of the Department of the Navy. Dnties of com- SEC. 4615. The commanding officer of any vessel making ating a capture shall secure the documents of the ship and cargo, s i soe " lc l ll ding * ue log-book, with all other documents, letters, and other papers found on board, and make an inventory of the same, and seal them up, and send them, with the inventory, to the court in which proceedings are to be had, with a written statement that they are all the papers found, and are in the condition in which they were found; or explain- ing the absence of any documents or papers, or any change in their condition. He shall also send to such court, as witnesses, the master, one or more of the other officers, the supercargo, purser, or agent of the prize, and any person found on board whom he may suppose to be interested in, or to have knowledge respecting, the title, national char- acter, or destination of the prize. He shall send the prize, with the documents, papers, and witnesses, under charge of a competent prize-master and prize-crew, into port for adj udication, explaining the absence of any usual witnesses ; and in the absence of instructions from superior authority as to the port to which it shall be sent, he shall select such port as he shall deem most convenient, in view of the inter- ests of probable claimants, as well as of the captors. If the captured vessel, or any part of the captured property, is not in condition to be sent in for adjudication, a survey shall be had thereon and an appraisement made by persons as competent and impartial as can be obtained, and their reports shall be sent to the court in which proceedings are to be had; and such property, unless appropriated for the use of the Government, shall be sold by the authority of the commanding officer present, and the proceeds deposited with the assistant treasurer of the United States most accessible to such court, and subject to its order in the cause. [See sec. 1624, art. 15, p. 12*.] PKIZES AND PRIZE MONEY, ETC. 413 SEC. 4616. If any vessel of the United States shall claim statement of J .,, , . claim to share in to share m a prize, either as having made the capture, or as prize. having been within signal distance of the vessel or vessels 30 7 bi(L) 8- 2) p * making the capture, the commanding officer of such ves- sel shall make out a written statement of his claim, with the grounds on which it is founded, the principal facts tend- ing to show what vessels made the capture, and what ves- sels were within signal distance of those making the capture, with reasonable particularity as to times, distances, locali- ties, and signals made, seen, or answered; and such state- ment of claim shall be signed by him and sent to the court in which proceedings shall be had, and shall be filed in the cause. SEC. 4617. The prize-master shall make his way diligently m ^"*j. e8 of prize to the selected port, and there immediately deliver to a m ibia r .', s. 3. prize commissioner the documents and papers, and the in- See 8ec - 544L ventory thereof, and make affidavit that they are the same, and are in the same condition as delivered to him, or ex- plaining any absence or change of condition therein, and that the prize-property is in the same condition as delivered to him, or explaining any loss or damage thereto; and he shall further report to the district attorney and give to him all the information in his possession respecting the prize and her capture; and he shall deliver over the persons sent as witnesses to the custody of the marshal, and shall retain the prize in his custody until it shall be taken therefrom by process from the prize-court. [Sections 4618-19-20 relate to libels, duties of district attorneys, etc.] SEC. 4621. Any district court may appoint prize-commis- Appointment J T *V / T i of prize- SlOnerS, not exceeding three in number; of whom one shall sioners. be a retired naval officer, approved by the Secretary of the Navy, who shall receive no other compensation than his pay in the Navy, and who shall protect the interests of the captors and of the Department of the Navy in the prize- property; and at least one of the others shall be a member of the bar of the court, of not less than three years' stand- ing, and acquainted with the taking of depositions. SEC. 4622. The prize-commissioners, or one of them, shall receive from the prize-master the documents and papers, ibid.,8.6.p.3 and inventory thereof, and shall take the affidavit of the ' eesec - 5441 - prize-master required by section forty-six hundred and seventeen, and shall forthwith take the testimony of the witnesses sent in, separate from each other, on interroga- tories prescribed by the court, in the manner usual in prize- courts; and the witnesses shall not be permitted to see the interrogatories, documents, or papers, or to consult with counsel, or with any persons interested, without special authority from the court ; and witnesses who have the rights of neutrals shall be discharged as soon as practicable. The prize-commissioners shall also take depositions de bene esse of the prize-crew and others, at the request of the district attorney, on interrogatories prescribed by the court. They shall also, as soon as any prize-property comes within the district for adjudication, examine the same, and make an 414 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. inventory thereof, founded on an actual examination, and report to the court whether any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination or making of the inventory that the cargo be unladen, they shall apply to the court for an order to the marshal to unlade the same, and shall, from time to time, report to the court anything relating to the condition of the property, or its custody or disposal, which may require any action by the court, but the custody of the property shall be in the marshal only. They shall also seasonably return in to court, sealed and secured from inspec- tion, the documents and papers which shall come to their hands, duly scheduled and numbered, and the other pre- paratory evidence, and the evidence taken de bene esse, and their own inventory of the prize-property; and if the captured vessel, or any of its cargo or stores, are such as in their judgment may be useful to the United States in war, they shall report the same to the Secretary of the Navy. [Section 4623 defines the duty of the marshal.] Appraisal, etc., SEC. 4624. Whenever any captured vessel, arms, muni- ?o^Govorui.reii e t n tions, or other material are taken for the use of the United ^ibid., s. 27, p. states before it comes into the custody of the prize court, it shall be surveyed, appraised, and inventoried, by persons as competent and impartial as can be obtained, and the survey, appraisement, and inventory shall be sent to the court in which proceedings are to be had; and if taken afterward, sufficient notice shall first be given to enable the court to have the property appraised for the protection of the rights of the claimants and captors. In all cases of prize- property taken for or appropriated to the use of the Government, the Department for whose use it is taken or appropriated shall deposit the value thereof with the assistant treasurer of the United States nearest to the place of the session of the court, subject to the order of the court in the cause. Proceedings for g EC< 4(j25. If by reason of the condition of the captured a a i u (1 1 cation /. -i 111 i * i where property property, or it because the whole has been appropriated i8 ibid K , e 8 nt 28 n .' to tlie use f the United States, no part of it has been or can be sent in for adjudication, or if the property has been entirely lost or destroyed, proceedings for adjudication may be commenced in any district the Secretary of the Navy may designate; and in any such case the proceeds of anything sold, or the value of anything taken or appro- priated for the use of the United States, shall be deposited with the assistant treasurer in or nearest to that district, subject to the order of the court in the cause. If, when no property can be sent in for adjudication, the Secretary of the Navy shall not, within three months after any capture, designate a district for the institution of proceedings, the captors may institute proceedings for adjudication in any district. And if in any case of capture no proceedings for adjudication are commenced within a reasonable time, any parties claiming the captured property may, in any district- PRIZES AND PRIZE MONEY, ETC 415 court as a court of prize, move for a monition to show cause why such proceedings shall not be commenced, or institute an original suit in such court for restitution, and the moni- tion issued in either case shall be served on the attorney of the United States for the district, and on the Secretary of the Navy, as well as on such other persons as the court shall order to be notified. SEC. 4626. No prize-property shall be delivered to the ^ e * lv r y - of claimants on stipulation, deposit, or other security, except uSon ty where there has been a decree of restitution and the cap- 31 3 bid -' B> 26 ' p - tors have appealed therefrom, or where the court, after a full hearing on the preparatory proofs, has refused to con- demn the property on those proofs, and has given the cap- tors leave to take further proofs, or where the claimant of any property shall satisfy the court that the same has a peculiar and intrinsic value to him, independent of its market- value. In any of these cases, the court may deliver the property on stipulation or deposit of its value, if satis- fied that the rights and interests of the United States and captors, or of other claimants, will not be prejudiced thereby ; but a satisfactory appraisement shall be first made, and an opportunity given to the district attorney and naval prize-commissioner to be heard as to the appointment of appraisers. Any money deposited in lieu of stipulation, and all money collected on a stipulation, not being costs, shall be deposited with the assistant treasurer, in the same manner as proceeds of a sale. SEC. 4627. Whenever any prize-property is condemned, m ^b3i perty or at any stage of the proceedings is found by the court to ibid., s. 8, p. be perishing, perishable, or liable to deteriorate or depre- 308 ' ciate, or whenever the costs of keeping the .same are dis- proportionate to its value, the court shall order a sale of such property; and whenever, after the return-day on the libel, all the parties in the interest who have appeared in the cause agree thereto, the court may make such order; and no appeal shall operate to prevent the making or execution of such order. SEC. 4628. Upon a sale of any prize- property by order 8I 5Jj deof making of the court, the Secretary of the Navy shall employ an iwa. auctioneer of known skill in the branch of business to which any sale pertains, to make the sale, but the sale shall be conducted under the supervision of the marshal, and the collecting and depositing of the gross proceeds shall be by the auctioneer or his agent. Before any sale the mar- shal shall cause full catalogues and schedules to be pre- pared and circulated, and a copy of each shall be returned by the marshal to the court in each cause. The marshal shall cause all sales to be advertised fully and conspicuously in newspapers ordered by the court, and by posters, and he shall, at least five days before the sale, serve notice thereof upon the naval prize commissioner, and the goods shall be open to inspection at least three days before the sale. [Section 4629 authorizes transfer of property to another district for sale.] 416 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. share of cap- ggc. 4630. The net proceeds of all property condemned ^ibid., s. 10, p. as prize, shall, when the prize was of superior or equal force 3 see sees 4752 to ^ ne vesse l r vessels making the capture, be decreed to and 4759, ' Pen- the captors ; and when of inferior force, one-half shall be decreed to the United States and the other half to the cap- tors, except that in case of privateers and letters of marque, the whole shall be decreed to the captors, unless it shall be otherwise provided in the commissions issued to such* ves- sels. Distribution of SEC. 4631. All prize-money adjudged to the captors shall proceed P be dig.^^^ in the following proportions : Prize-money First. To the commanding officer of a fleet or squadron, 8 ooe-tweiitieth part of all prize-money awarded to any ves- com- gel or vessels under his immediate command. fleet" d cYp 8 taYnH Second. To the commanding officer of a division of a fleet from April, 1861, or S n U adron, on duty under the orders of the cominaiider- and how paid. . ,^*. /. / i o -i i , / j_i ii. s., sec. 4631, in-chief ot such fleet or squadron, a sum equal to one-fiftieth pa ibid 2 's 10 ]> P&rt f an y prize-money awarded to a vessel of such division sou-, j lino's, 1874, for a capture made while under his command, such fiftieth ^fnoteVi'.l'part to be deducted from the moiety due to the United and 3 - States, if there be such moiety, otherwise from the amount awarded to the captors; but such fiftieth part shall not be in addition to any share which may be due to the com- mander of the division, and which he may elect to receive, as commander of a single ship making or assisting in the capture. Third. To the fleet captain, one-hundredth part of all prize-money awarded to any vessel or vessels of the fleet or squadron in which he is serving, except in a case where the capture is made by the vessel on board of which he is Note 1. The rate of pay which the officer was in receipt of at the time the capture was made is the measure of his allowance out of the proceeds ; not the increased pay resulting from his promotion afterwards. Immaterial if his promotion gave him a title to the increased pay from and including the date of capture. A commander of a single ship in limited to one-tenth, although the amount would exceed that if paid according to his rank. It is the same if he was entitled to three-twentieths. (Op., XV, 64, Dec. 10, 1875, Pierrepont. Albemarle case. IJut see Op., XIV, 365, post.) Prize is distributed according to the law existing at the dato or time of the capture. The law regulating the distribution of prize-money is a conditional grant by Con- gress; as soon as the conditions arc fulfilled the grant becomes absolute. (Op., XI, 102, Sept. 30, 1864, Bates.) An officer commissioned to a higher grade, prior to a capture, although from delay or other causes the promotion had not reached him at the time, and he was on the prize-list in the lower capacity, is entitled to share in the higher grade if in the per- formance of the duties thereof. If he was entitled to pay in the higher grade, Iw was entitled to share accordingly in the prize. (Op., XIV, 365, Feb. 6, 1874, Williams. See also XIII, 413.) An officer who usurps command of a vessel can not claim a share in prixe.s rapt ured. "< 'ommaiiding officer means an officer legally in command." In the construction of the prize act in England, the court held that the words "on board" meant only such persona as belonged to the vessel, and that being corporeally on board was not suffi- cient. (pp., XI, p. 147, Jan. 19, 1865, Speed.) An officer absent from his command, for the purpose of attending to his private affairs, is not entitled to share in prizes captured during his absence. Although lie may have at tended to a certain piece of business while absent, or by the orders ol a superior of the command, not having been detailed for that business and it not appearing that the detail of an officer from the fleet to attend to it was necessary, he is not entitled to share. (Op., XI, p. 327, Aug. 24, 1865, Speed. Temple's case.) \ote 2. An act of Juno 8, 1874, chap. 256, v. 18. p. 63, provided that paragraphs 2 and 3 should apply to officers serving as commanders of divisions and Meet captains from April, 1861, and that their shares should be paid in the same manner as pro- vided for division commanders in said paragraphs the pavmeuts to be made out of the naval pension fund. Note S, Prize money to Wyoming and Takiang: An act approved February 22, 1883, chan.51,vol.22,p.421,providesforpaymcntbytnoSecretaryoftheTreasuryof$140,000 to the officers and crew, or their legal representatives, of the Wyoming and Takiang (latter maimed from the Jamestown) for destruction of hostile vessels in the Straits of Simouoseki, etc., in 1863, to be distributed in the same manner as prize money. PRIZES AND PRIZE MONEY, ETC. 417 serving 1 at the time of such capture; and in such case he shall share, in proportion to his pay, with the other officers and men on board such vessel. Fourth. To the commander of a single vessel, one-tenth part of all the prize-money awarded to the vessel under his command, if such vessel at the time of the capture was under the command of the commanding officer of a fleet or squadron, or a division, and three- twentieths if his vessel was acting independently of such superior officer. Fifth. After the foregoing deductions, the residue shall be distributed and proportioned among all others doing- duty on board, including the fleet-captain, and borne upon the books of the ship, in proportion to their respective rates of pay in the service. SEC. 4632. All vessels of the Navy within signal-distance of the vessel or vessels making the capture, under such s circumstances and in such condition as to be able to render s effective aid, if required, shall share in the prize; and hi ' case of vessels not of the Navy, none shall be entitled to share except the vessel or vessels making the capture ; in which term shall be included vessels present at and ren- dering actual assistance in the capture. SEC. 4633. No commanding officer of a fleet or 8quadron r w ht officers shall be entitled to receive any share of prizes captured by n any vessel or vessels.not under his command, nor of such prizes as may have been captured by any vessels intended to be placed under his command, before they have acted under his orders. Nor shall the commanding officer of a fleet or squadron, leaving the station where he had com- mand, have any share in the prizes taken by ships left on such station after he has gone out of the limits of his com- mand, nor after he has transferred his command to his suc- cessor. No officer or other person who shall have been temporarily absent on duty from a vessel on tlie books of which he continued to be borne, while so absent, shall be deprived, in consequence of such absence, of any prize money to which he would otherwise be entitled. And he shall continue to share in the captures of the vessels to which he is attached, until regularly discharged therefrom. SEC. 4634. Whenever a decree of condemnation is ren- dered, the court shall consider the claims of all vessels to ibia participate in the proceeds, and for that purpose shall, at Note 4. A commander of a squadron is not entitled to share in prizes taken by a vessel thereof, after he had transferred the command to his successor, although the captures were made in pursuance of instructions issued by him before the transfer. (Op., X, p. 9, Mar. 4, 1864, Bates. Wilkes's claim.) A Hag-officer of a squadron is not entitled to the share of prize money accruing to the, captain of his flag-ship from captures made by that ship while her captain was detached on account of illness, and tho flag-om'cer was de facto in command of her. The usage of the naval service gave the command of the ship to the officer next in rank to tho detached commander. If there was a commander of the capturing vessel in law or fact, within the terms of the statute of distribution, at the time the '-apture was made, he is entitled to the commander's share; if there was no such, then that share is part of the common fund, in which all concerned have a proportional right. (Idem.) A vessel which arrives within the limits of a command to which it is to be attached, and the commander thereof reports by letter to the commander in chief for further instructions, which are given but not received until after certain captures have been mnde, was within the "immediate command " of the commanding officer of the fleet, who is entitled to share. (Op., XI, p. 94, Sept. 12, 1864. Claim of Admiral Lee.) 376 27 418 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. as early a stage of the cause as possible, order testimony to be taken tending to show what part should be awarded to the captors, and what vessels are entitled to share; and such testimony may be sworn to before any judge or com- missioner of the courts of the United States, consul or commercial agent of the United States, or notary public, or any officer of the Navy highest in rank, reasonably accessi- ble to the deponent. The court shall make a decree of distribution, determining what vessels are entitled to share in the prize, and whether the prize was of superior, equal, or inferior force to the vessel or vessels making the capture. The decree shall recite the amount of the gross proceeds of the prize subject to the order of the court, and the amount deducted therefrom for costs and expenses, and the amount remaining for distribution, and whether the whole of such residue is to go to the captors, or one half to the captors and one-half to the United States. - SEC * 4C35 ' A bouilty sna ^ be P aid ^y tue United States sank od for each person on board any ship or vessel of war belonging ^ au enemy at the commencement of an engagement, which 310. is sunk or otherwise destroyed in such engagement by any ship or vessel belonging to the United States or which it may be necessary to destroy in consequence of injuries sus- tained in action, of one hundred dollars, if the enemy's ves- sel was of inferior force, and of two hundred dollars, if of equal or superior force, to be divided among the officers and crew in the same manner as prize-inouey ; and when the actual number of men on board any such vessel cannot be satisfactorily ascertained, it shall be estimated according to the complement allowed to vessels of its class in the Navy of the United States; and there shall be paid as bounty to the captors of any vessel of war captured from an enemy, which they may be instructed to destroy, or which is immediately destroyed for the public interest, but not in consequence of injuries received in action, fifty dollars for every person who shall be on board at the time of such capture. t8 and ' x ^ ECt 4^39. All costs and all expenses incident to the bring- 14. ing in, custody, preservation, insurance, sale, or other dis- posal of prize-property, when allowed by the court, shall be charged upon such property, and shall be paid from the proceeds thereof, unless the court shall decree restitution free from such charge. SEO - 464 - No payment shall be made for any prize-fund, prizt; fund. except upon the order of the court. All charges for work and labor, materials furnished, or money paid, shall be supported by affidavit or vouchers. The court may, at any time, order the payment, from the deposit made with the assistant treasurer in the cause, of any costs or charges accrued and allowed. When the cause is finally disposed of, the court shall make its order or orders on the assistant treasurer to pay the costs and charges allowed and unpaid ; and in case the final decree shall be for restitution, or in case there shnll be no money subject to the order of the court in the cause, any cost or charges allowed by the PRIZES AND PRIZE MONEY, ETC. 419 court, and not paid by the claimants, shall be a charge upon, and be paid out of, the fund for defraying the ex- penses of suits in which the United States is a party or interested. SEC. 4641. The net amount decreed for distribution to pr f z e m^ey* ot the United States, or to vessels of the Navy, shall be ibid., s. is. ordered by the court to be paid into the Treasury of the United States, to be distributed according to the decree of the court. The Treasury Department shall credit the Navy Department with each amount received to be distributed to vessels of the Navy; and the persons entitled to share therein shall be severally credited in their accounts with the Navy Department with the amounts to which they are respectively entitled. In case of vessels not of the Navy, and not controlled by any Department of the Government, the distribution shall be made by the court to the several parties entitled thereto, and the amounts decreed to them shall be divided between the owners and the ship's com- pany, according to any written agreement between them, and in the absence of such agreement, one- half to the owners and one-half to the ship's company, according to their respective rates of pay on board ; and the court may appoint a commissioner to make such distribution, subject to the control of the court, who shall make due return of his doings, with proof of actual payments by "him, and who shall receive no other compensation, directly or indi- rectly, than such as shall be allowed him by the court. In case of vessels not of the Navy, but controlled by either Executive Department, the whole amount decreed to the captors shall be divided among the ship's company. SEC. 4642. All ransom-money, salvage, bounty, or pro- ceeds of condemned property, accruing or awarded to any etc. vessel of the Navy, shall be distributed and paid to the 31 J ' 8 ' officers and men entitled thereto in the same manner as A Se ro 8 J;f ati S 9 ' prize-money, under the direction of the Secretary of the ] Navy. SBC. 4652. When any vessel or other property shall have SStf^S; p . been captured by any force hostile to the United States, an. V and shall be recaptured, and it shall appear to the court that the same had not been condemned as prize before its Xote 5. Salvage is the compensation allowed to persons by whose voluntary assistance a ship at sea or her cargo or both have been saved in whole or in part from impending sea peril, or in recovering such property from actual peril or loss, as in cases of shipwreck, derelict, or recapture. Three elements are necessary to a valid salvage claim : 1. A marine peril; 2. Service voluntarily rendered when not required as an existing duty or from a special con tract; 3. Success in whole or in part, or that the service rendered contributed to such success. Proof of success, to some extent, is as essential as proof of service; for if the property is not saved, or if it perishes, or iii case of capture, if it is not retaken, no compensation will be allowed. Com- pensation as salvage is not viewed by the admiralty courts merely as pay on the principle of quantum meruit, or as a remuneration pro opere et labore, but as a reward given for perilous services voluntarily rendered, and as an inducement to mariners to embark in such dangerous enterprises to save life and property. (Voluntary sail- ors, if not successful, are entitled to nothing. When engaged to go out to the assist- ance of a vessel in distress they are to be paid according to their efforts, even though the labor and service may not pVove beneficial to the vessel or cargo. The Undaunted, 1 Lush, 90.) (Otto, S. C., 101, p. 384, case of the Sabine.) To constitute a maritime derelict the property at sea must not only be abandoned, but the abandonment must be without hope of recovery. (2 Kent s Com., 357, and cases cited.) And when such derelicts are found they are to be held, by the general rule of civilized countries, perquisites or droitg of the admiralty, subject to be reclaimed by the owner, but without any other claim on the part of the finder than to his reasonable salvage remuneration cases cited.) What constitutes a reasonable 420 LAWS RELATING TO THE NAVY, MARINE CORP8, ETC. recapture, by any competent authority, the court shall award a meet and competent sum as salvage, according to the circumstances of each case. If the captured property belonged to the United States, it shall be restored to the United States, and there shall be paid from the Treasury of the United States the salvage, costs, and expenses ordered by the court. If the recaptured property belonged to persons residing within or under the protection of the United States, the court shall adjudge the property to be restored to its owners, upon their claim, on the payment of such sum as the court may award as salvage, costs, and expenses. If the recaptured property belonged to any per- son permanently resident within the territory and under the protection of any foreign prince, government, or state in amity with the United States, and by the law or usage of such prince, government, or state, the property of a citi- zen of the United States would be restored under like cir- cumstances of recapture, it shall be adjudged to be restored to such owner, upon his claim, upon such terms as by the law or usage of such prince, government, or state would be required of a citizen of the United States under like cir- cumstances of recapture; or when no such law or usage shall be known, it shall be adjudged to be restored upon the payment of such salvage, costs, and expenses as the court shall order. The whole amount awarded as salvage shall be decreed to the captors, and no part to the United States, and shall be distributed as in the case of proceeds of property condemned as prize. Nothing in this Title shall be construed to contravene any treaty of the United States. salvage remuneration is, of course, a question for judicial determination in each case. (Op., XI, p. 2, Nov. 20, 1863, Bates.) Officers and crews of public ships of the United States are not entitled to salvage, civil or military, as of complete legal right. It is against publicpolicy. Wirt (Op., July 22, 1824) said, "it was not demandable in the ca.se of preservation of property of the'TJnited States, because the officer.* and crew have done no more than their d uly.'' Attorney-General Johnson advised that it was allowable in a case of portable foreign property(Op., 20 June, 1849). The Supreme Court allowed it in the case of the Amistad (XV Peters, 518). The Secretary has the power to forbid the demand of it by any public ship under his orders. (Op., VII, p. 756, Cushiug, July 8, 1856.) Where a vessel at sea is in imminent danger, and a part of either vessel or cargo is voluntarily sacrificed to save the rest, and the sacrifice is successful, the portion saved must contribute pro rata to make the loss good. Tim direct and immediate consequences of involuntary stranding not .subjects of general average ; o./'/c/- strand- ing, to avert peril surrounding vessel and cargo, owners of cargo to contribute by way of general average proportion of expenses voluntarily incurred and sacrifices voluntarily made. Injury to vessel in act of stranding not a subject of general average. (Op., IX, p. 447, July 19, 1860, Black.) Where a vessel put into a harbor "in a furious storm," leaking, was run ashore and wrecked through no fault or misconduct on the part of the master and rrew, the owners are under no legal obligation to remove the wreck, although it may be a serious obstruction to navigation. (Op., XV, p. 71. See also p. 285, as to the authority of the Government as to the removal of wrecks which are obstructions.) The word "wrecked,"' as used in section 4136 Revised Statutes (oenceraing the registering of vessels) is applicable to a vessel which is disabled and rendered unlit for navigation, whether by the wind, waves, stranding, fire, explosion of boilers, or other casualty. (Op., X V, p. 402, Dec. 5, 1877.) The ottieers and crew of a vessel in the naval marine of the United States are entitled to salvage for saving a French ship, the objection that Government vessels are not thus entitled being invalid. The rule is universal in the lulled States, thai salvage rendered by the naval marine is to be compensated. in like manner as that rendered by the private marine. (Op., V, p. 116, June 20, 1849, Johnson. See also Op., XII, p. 289, on the subject.) It is well settled that where a vessel is voluntarily run ashore to prevent a total loss of vessel and cargo, but is afterwards recovered so as to be able to perform her voyage, tin- loss resulting from the stranding is to be made gcod by general average contribution. The contribution applies to the. Government as well as to individuals. (C.C.,XV,p.392.) QUARANTINE AND BOARD OF HEALTH. 421 SEC. 5310. No property seized or taken upon any of the Title 69 - inland waters of the United States by the naval forces Property taken thereof shall be regarded as maritime prize; but all prop- ^juiy't Ys&Ts.' erty so seized or taken shall be promptly delivered to the 7 - v - 13 - P- 377 - proper officers of the courts. SEC. 5441. Every person who willfully does any act or 5??I?_ c !^ aids or advises in the doing of any act relating to the bring- fr ^fn*i" aptor ing in, custody, preservation, sale, or other disposition of < claimant, etc., any property captured as prize, or relating to any docu- "' nients or i^apers connected with the property, or to any si. v. is, P. sis. deposition or other document or paper connected with the4 6 52 6 $ ' proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. QUARANTINE AND BOARD OF HEALTH. Sec. 4792. State health laws to he ohserved hy United States officers. Act Aug. 1, 1888. Quarantine ser- vice established. Act Feb. 15, 1893. Vessels from in- fected ports entering United States; penalty. Marine Hospital and customs-offi- cers to enforce quarantine laws. Sec. Rules for vessels from foreign ports. Sanitary reports to be made hy con- suls. Inspection, etc., on arrival. Act Mar. 3, 1893. Appropriation for preventing epidemics. SEC. 4792. The quarantine and other restraints estab- Title 58. lished by the health-laws of any State, respecting any ves- state health sels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs reve- states nue of the United States, by the masters and crews of the ot j; eb 23 1799 s several revenue- cutters, and by the military officers com-i,v.i,'p.ei9. manding in any fort or station upon the sea-coast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health-laws, according to their respective powers and within their respective pre- cincts, 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 im- post without the consent of Congress. That whenever any person shall trespass upon the Aug. i, isss. grounds belonging to any quarantine reservation, or when- 25 stat. L., 355. ever any person, master, pilot, or owner of a vessel enter- ing any port of the United States, shall so enter in viola- meat, etc., upon tion of section one of the act entitled "An act to prevent grounds." tine the introduction of contagious or infectious diseases into ISTS, Apr. 29, the United States," approved April twenty-ninth, eighteen u^'vi^iilS'. hundred and seventy eight, or in violation of the quaran- 709 - tine regulations framed under said act, such person, tres- passing, or such master, pilot, or other person in command of a vessel shall, upon conviction thereof, pay a fine of not more than three hundred dollars, or be sentenced to impris- onment for a period of not more than thirty days, or shall be punished by both fine and imprisonment, at the discre- tion of the court. 422 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. -duty of district And it shall be the duty of the United States attorney in ?Dgto eya lt ' the district where the misdemeanor shall have been com- mitted to take immediate cognizance of the offense, upon report made to him by any medical officer of the Marine Hospital Service, or by any officer of the customs service, or by any State officer acting under authority of section five of said act. 2n*IstabUsh a cer of the United States at the port of departure, or from the medical officer where such officer has been detailed by the President for that purpose, a bill of health, in duplicate, in the form prescribed by the Secretary of the Treasury, set- ting forth the sanitary history and condition of said vessel, and that it has in all respects complied with the rules and tine laws or regulations of any State or municipal authorities now existing or which may hereafter be enacted. SEC. 3. That it shall bo the duty of the medical officers of the Marine-Hospital Marine -Hospi- Service and of customs-officers to aid in the enforcement of the national quarantine tal and customs rules and regulations established under thc.preceding section; but no additional officers to enforce compensation shall be allowed said officers by "reason of such services as they may be quarantine laws, required to perform under this act, except actual and necessary traveling expenses. SEC. 4. That the Surgeon-General of the Marine-Hospital Service shall, upon re- Surgcon-Gen- ceiptof information of the departure of any vessel, goods, or passengers from infected cral of Marino places to any port in the United States, immediately notify the proper State or muni- Hospital to noti- cipal and United States officer or officers at the threatened port of destination of the fy collectors and vessel, and shall prepare and transmit to the medical officers of the Marino Hospital to transmit Service, to collectors of customs, and to the State and municipal health authorities weekly abstracts in the United States, weekly abstracts of the consular sanitary reports and other of sanitary re- pertinent information received by him. ports to certain officers. SEC. 5. That wherever, at any port of the United States, any State or municipal Officers of State quarantine system may now, or may hereafter exist, the officers or agents of such quarantine sys- system shall, upon the application of the respective State or municipal authorities, tern may act as be authorized and empowered to act as officers or agents of the national quarantine officers of nation- system, and shall be clothed with all the powers of United States officers for quar- al system, when, antine purposes, but shall receive no pay or emoluments from the United States. At all other ports where, in the opinion of the Secretary of the Treasury, it shall Duties of offi- be deemed necessary to establish quarantine, the medical officers or other agents of cers of Marine- the Marine-Hospital Service shall perform such duties in the enforcement of the Hospital Service, quarantine rules and regulations as may be assigned them by the Surgeon-General 11. S., sees. 4801- of that service under this act : 4806 1890, March 27, ch. 51, s. 2 (1 Supp. R. S.,710). Provided, That there shall be no interference in an manner with any quarantine State laws not laws or regulations as they now exist or may hereafter be adopted under State laws. t o De interfered with. R.S.,sec. 4791; US U. S., 464. SEC. 6. That all acts or parts of acts inconsistent with this act be, and the same Repeal, are hereby, repealed. A National Board of Health was created by 1879, March 3, ch. 202 (1 Supp. R. S., 2G1, and 20 Stat. L., 484). This Board, after failing for a number of vears to receive auy appropriations for current salaries and expenses, is abolished by sec. 9 of this act. The several acts relating to it are summarized in 143 U. S., 578. " 1879, June 14, Res. No. 6 (1 Supp. R. S., 273), authorizes the Secretary of the Navy to place vessels or hulks not required for other uses at the disposal of quarantine authorities. 1888, August 1, ch. 727 (1 Supp. R. S., 600), provides punishment for violating quar- antine regulations, and for the establishment of additional quarantine stations. 1890, March 27, ch. 51 (1 Supp. R. S., 709), provides against the introduction of con- tagious diseases from one State to another, and for the punishment of certain offenses against the quarantine laws. "Persons suffering from a loathsome or a dangerous contagious disease" are ex- cluded from entering the United States by 1891, March 3, ch. 551, s. 1 (1 Supp. R. S., 934). 424 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. regulations iii such cases prescribed for securing the best sanitary condition of the said vessel, its cargo, passengers, and crew; -contents. and said consular or medical officer is required, before granting such duplicate bill of health, to be satisfied that the matters and things therein stated are true; Fees of consul, and for his services in that behalf he shall be entitled to demand and receive such fees as shall by lawful regulation be allowed, to be-accounted for as is required in other cases. Medical officer The President, in his discretion, is authorized to detail aTeaniidtte?* 16 * any medical officer of the Government to serve in the office of the consul at any foreign port for the purpose of furnish- ing information and making the inspection and giving the bills of health hereinbefore mentioned. Penalty for ye* Any vessel clearing and sailing from any such port with- ouVbiiTof Kith! Ollt s " ch bil1 of wealth, and entering any port of the United States, shall forfeit to the United States not more than five thousand dollars, the amount to be determined by the court, which shall be a lien on the same, to be recovered by pro- ceedings in the proper district court of the United States. Proceedings. In all such proceedings the United States district attor- ney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States. Marine- Hospi- SEC. 3. That the Supervising Surgeon-General of the sfJt^ocanieaiSi [Marine Hospital Service shall, immediately after this act board* to enforce takes eft'ect, examine the quarantine regulations of all State and municipal boards of health, and shall, under the direction of the Secretary of the Treasury, co-operate with and aid State and municipal boards of health in the execu- tion and enforcement of the rules and regulations of such boards and in the execution and enforcement of the rules and regulations made by the Secretary of the Treasury to prevent the introduction of contagious or infectious diseases into the United States from foreign countries, and into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia ; Rules to ope- and all rules and regulations made by the Secretary of the Treasury shall operate uniformly and in no manner discrim- inate against any port or place; Additional and at such ports and places within the United States as geerVtary o^ nav ^ no quarantine regulations under State or municipal Treasury where authority, where such regulations are, in the opinion of the * Secretary of the Treasury, necessary to prevent the intro- duction of contagious or infectious diseases into the United States from foreign countries, or into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia, and at such ports and places within the United States where quarantineregulations exist under the authority of the State or municipality which, in the opinion of the Secretary of the Treasury, are not sufli- cient to prevent the introduction of such diseases into the United States, or into one State or Territory or the District of Columbia from another State or Territory or the District QUARANTINE AND BOARD OF HEALTH. 425 of Columbia, the Secretary of the Treasury shall, if hi his judgment it is necessary and proper, make such additional rules and regulations as are necessary to prevent the intro- duction of such diseases into the United States from foreign countries, or into one State or Territory or the District of Columbia Iroin another State or Territory or the District of Columbia, and when said rules and regulations have been made they shall be promulgated by the Secretary of theTreas ury and enforced by the sanitary authorities of the States and municipalities, where the State or municipal health au- thorities will undertake to execute and enforce them; but~ howeuforced - if the State or municipal authorities shall fail or refuse to enforce said rules and regulations the President shall exe- cute and enforce the same and adopt such measures as in his judgment shall be necessary to prevent the introduction or spread of such diseases, and may detail or appoint officers for that purpose. The Secretary of the Treasury shall make such rules s and regulations as are necessary to be observed by vessels i >ort8 at the port of departure and on the voyage, where such vessels sail from any foreign port or place to any port or place in the United States, to secure the best sanitary cou- ditioii of such vessel, her cargo, passengers, and crew; which shall be published and communicated to and enforced by the consular officers of the United States. None of the penalties herein imposed shall attach to any vessel or owner or officer thereof until a copy of this act, with the rules and regulations made in pursuance thereof, has been posted up in the office of the consul or other con- sular officer of the United States for ten days, in the port from which said vessel sailed; and the certificate of such consul or consular officer over his official signature shall be competent evidence of such posting in any court of the , United States. SEC. 4. That it shall be the duty of the supervising Sur- )i ^ geon-General of the Marine Hospital Service, under the5! direction of the Secretary of the Treasury, to perform all Jjj the duties in respect to quarantine and quarantine regula- tion, etc. tions which are provided for by this act, and to obtain information of the sanitary condition of foreign ports and places from which contagious and infectious diseases are or may be imported into the United States, and to this end the consular officer of the United States s^irft at such ports and places as shall be designated by the by consuls. ' Secretary of the Treasury shall make to the Secretary of the Treasury weekly reports of the sanitary condition of the ports and places at which they are respectively stationed, according to such forms as the Secretary of the Treasury shall prescribe; and the Secretary of the Treasury shall also obtain, f . Week |f considered as part of the ship's papers, and when duly certified to by the proper consular or other officer of the United States, over his official signature and seal, shall be accepted as evidence of the statements therein contained in any court of the United States. infected res- SEC. 6. That on the arrival of an infected vessel at any miUl\' M M S uar ; mP ort noti provided with proper facilities for treatment pt tine station. the same, the Secretary of the Treasury may remand said vessel, at its own expense, to the nearest national or other quarantine station, where accommodations and appliances are provided for the necessary disinfection and treatment of the vessel, passengers, and cargo; certificate and after treatment of any infected vessel at a national fc> quarantine station, and after certificate shall have been given by the United States quarantine officer at said station QUARANTINE AND BOARD OF HEALTH. 427 that the vessel, cargo, and passengers are each and all free from infectious disease, or danger of conveying the same, said vessel shall be admitted to entry to any port of the United States named within the certificate. But at any ports where sufficient quarantine provision til j; ocal eriod of time as he may deem necessary. SEC. 8. That whenever the proper authorities of a State shall surrender to the United States the use of the build- swings, etc. ings and disinfecting apparatus at a State quarantine sta- tion, the Secretary of the Treasury shall be authorized to receive them and to pay a reasonable compensation to the State for their use, it^ in his opinion, they are necessary to the United States. SEC. 9. That the act entitled "An act to prevent the intro- pf duction of infectious or contagious diseases into the United States, and to establish a national board of health/ 7 ap- proved March third, eighteen hundred and seventy nine, Supp>R - s> ' 261)> be, and the same is hereby, repealed. And the Secretary of the Treasury is directed to obtain j to possession of any property, furniture, books, paper, or records belonging to the United States which are not in the possession of an officer of the United States under the Treasury Department which were formerly in the use of the National Board of Health or any officer or employee thereof. The President of the United States is hereby authorized, . 2 in case of a threatened or actual epidemic, to use a sum,riviiact. not exceeding one hundred thousand dollars, out of any money in the Treasury not otherwise appropriated, in aid of State and local boards or otherwise, in his discretion, in preventing and suppressing the spread of the same and maintaining quarantine at points of danger. [Par. 7.} The President of the United States is hereby _ d, authorized, in case of threatened or actual epidemic of pf. a cholera, yellow fever, or smallpox, to use the un expended probation 1 for balance of the sums appropriated and reappropriated by5SSS?&be5i" the sundry civil appropriation act approved August fifth, pendeii'm dtscre- eighteen hundred and ninety-two, or so much thereof as tionofpresideilt . may be necessary, in aid of State and local boards, or other- wise, in his discretion, in preventing and suppressing the 428 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. See notes 2 ami 3. spread, of the same; and in such emergency in the execution of any quarantine laws which may be then in force, and the additional sum of nine hundred thousand dollars is hereby appropriated for the same purpose to be immediately avail- able. * * * Note 2. This act reappropritteu the unexpended balance of a former appropriation and $100,000 additional (27 Stat. L., 367). Note 3. Very important changes in the quarantine laws are made lv ISO::. Ft !>. If), ch. 114, p. 82. See the notes thereon. RAILROADS AND TELEGRAPHS. RAILROADS. Sec. See. 5258. Interstate communication. ; Act June 25, 1892. Forfeited railroad 5260. Payments to he withheld from eer- | grants. tain roads. ; - Right of settlers to purchase. 5261. Roads may bring suit. j Act Dec. 12,1803. Time for purchasing. - Sundry provisions. Titi< 64. SEC. 5258. Every railroad company in the United States, interstate whose road is operated by steam, its successors and assigns, C jline c i5 at i8o is nerebv authorized to carry upon and over its roads, 89.i,2,v.i4,p.G6.'boats, bridges, and ferries, all passengers, troops, govern- ment supplies, mails, freight and property on their way from any State to another State, and to receive compensa- tion therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination. But this section shall not affect any stipulation between the Government of the United States and any railroad company for transportation or fares without compensation, nor impair or change the conditions imposed by the terms of any act granting lands to any such company to aid in the construction of its road, nor shall it be construed to authorize any railroad company to build any new road or connection with any other road without authority from the State in which such railroad or connection may be proposed. And Congress may at any time alter, amend, or repeal this section. tii?rSSmp to f SEC ' 62GG - The Secretary of the Treasury is directed to without" pay- withhold all payments to any railroad company and its certaiu assigns, on account of freights or transportation over their Mar. 3, 1873, H. respective roads of any kind, to the amount of payments June 22, m4 5 vi made by the United States for interest upon bonds of the is, p. 200. United States issued to any such company, and which shall not have been re-imbursed, together with the five per centum of net earnings due and unapplied, as provided by law. claims. u" ^ EO< ^261. Any such company may bring suit in /he Court of Claims to recover the price of such freight and 2,v l! i7,p.5(?8 73 ' s transportation, and in such suit the right of such company 'see note i.' to recover the same upon the law and the facts of the ' Note J. Au act approved July 12, 1876, chap. 179, v. 19, p. 78, regalat.es compensa- tion for carrying mails over land-grant roads. An act approved March 3, 1879, chap. 18:5, v. 20, p. 410, provides for the adjustment <>f accounts, for transportation of the Army, etc., l>v certain railroads, subject, to tho provisions of this section. An act approved June 19, 1878, chap. 316, v. 20, p. 109, establish. -d the otlice of Audi- tor of Railroads and contains sundry provisions relative to his duties, etc. The second section of the act of May 7, 1878, eliap. 9, v. lit), p. f.fi, provides that the KAILROADS AND TELEGRAPHS. 429 shall be determined, and also the rights of the United States upon the merits of all the points presented by it in answer thereto by them; and either party to such suit may appeal to the Supreme Court; and both said courts shall give such cause or causes precedence of all other business. [Par. I.} That hereafter only actual travelling expenses Mar. 3, 1875. shall be allowed to any person holding employment or is stat. L.,452. appointment under the United States, except marshals, dis- Su A?tuai S 'traVei.' trict attorneys, and clerks of the courts of the United jjj expenses States and their deputies; and all allowances for mileages an 5 employees! and transportation in excess of the amount actually paid, except marshals, .-*- . - 11111 n i ~i (iistriGu a* i; tor except as above excepted, are hereby declared illegal; ana my* and clerks no credit shall be allowed to any of the disbursing-officers ^ ^ 8 ^ 74 of the United States for payment or allowances in violation 1273, 1289, 1290', of this provision. * * 15 |ee 3 note 2. [Par. 2.] That no money shall hereafter be paid to any ra j r a j d d s -|; t ai ^ railroad company for the transportation of any property or be paid for trans- troops of the United States over any railroad which ingty whole or in part was constructed by the aid of a grant of public land on the condition that such railroad should be AGop. pn- a public highway for the use of the Government of the ch A ^ p United States free from toll or other charge, or upon any other conditions for the use of such road, for such trans- portation; nor shall any allowance be made for the trans- portation of officers of the Army over any such road when on duty and under orders as military officers of the United States. But nothing herein contained shall be construed as pre- venting any such railroad from bringing a suit in the Court ofciaims with of Claims for the charges for such transportation, and re- ri l ht s f sees 6 707, covering for the same if found entitled thereto by virtue of 708,1059. the laws in force prior to the passage of this act; provided 42 ^ i6bpin8.,605' that the claim for such charges shall not have been barred by the statute of limitations at the time of bringing the suit, and either party shall have the right of appeal to the Supreme Court of the United States; And provided further, That the foregoing provision shall not apply for the current fiscal year, nor thereafter, to roads where the sole condition of transportation is that the com- whole amount of compensation duo to certain railroads therein mentioned, for serv- ices rendered to the Government, shall be retained by the United States, one-half thereof to be applied to the liquidation of the interest paid and to be paid by the United States upon the bonds so issued by it to each of the corporations, and the other half to be turned into the sinking fund provided for in said act. An act approved Juno 22, 1874, chap. 414, vol. 8, p. 200, directed tiie Secretary of the Treasury to require payment of the railroad companies of all sums of money due, or to become due, tho ifnited States for the five per centum of the net earnings pro- vided for by the act of July 1, 1862, chap. 120, v. 12, p. 489, or by any other acts, for the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and in case of their refusal to pay, to certify the fact to the Attorney-General for suit. Note2. This provision, without the word "hereafter," and without the exception appearing herein, first appeared in 1874, June 16, ch. 285 (18 Stat. L., 72). It is thus superseded by this act, and is consequently omitted from this volume, although amendments made by 1875, ch. 95, and 1876, ch. 159 (cited below), refer to the act of 1874 in stead of to this act. Changes of law are made by 1875. Feb. 20, ch. 95, sec. 7, ante, p. 66, allowing mileage to judicial officers, as in this act; 1876, June 30, ch. 159, par. 1, allowing mileage to naval officers (amended by 1882, Aug. 5, ch. 391, par. 5, repealing mileage for travel abroad) ; and 1876, July 24, ch. 226, sec. 2, allowing mile- age to army officers, regulated by 1883, Mar. 3. ch. 93, par. 2 ; 1890, June 13, ch. 423, par. 7 (see note thereto), and 1890, Sept. 19, ch. 907, sec. 15 ; and 1878, June 11, ch. 181, sec. 1, and 1879, Feb. 14, chap. 68, par. 2, allowing mileage to Board of Visitors to Mili- tary and Naval Academies. 430 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. pany shall not charge the Government higher rates than they do individuals for like transportation, and when the Quartermaster-General shall be satisfied that this condition has been faithfully complied with. * * 2 St 599 K> S '' v ' That the provisions of the clause contained in the Act 'Transportation of Gongress approved March third, eighteen hundred and MaSne corps a on seventy-nine, authorizing the Secretary of the Treasury to aided railroads, make such entries upon the books of the Department as pjJTVwiU carry to the credit of certain railroad companies R s -' named in said Act amounts earned or to be earned by Iseenotei. them during each fiscal year on account of transportation of the Army and transportation of the mails be, and the same are hereby, extended and made applicable to the transportation of the Navy and the Marine Corps. * * TELEGRAPHS. Sec. 5266. Government to have priority in transmission of messages. 5267. Government entitled to purchase lines. 5268. Acceptance of obligation to be filed. Sec. 5269. Penalty for refusal to transmit dis- patches. Act June 23, 1874. Destroying telegraph lines. Act Feb. 4, 1874. Departmental tele- graph. p. 366, See note 2. chase lines. Title 65. SEC. 5266. Telegrams between the several Departments Government to of the Government and their officers and agents, in their have priority in transmission over the lines of any telegraph company to transmission of , . , , , . ,, . , , /r * i_ A. *L- messages. which has been given the right of way, timber, or station 2 J v l \l ij p 86 z2\' lands from the public domain shall have priority over all Junes, 1872, s.17,' other business, at such rates as the Postmaster- General shall annually fix. And no part of any appropriation for the sev- eral Departments of the Government shall be paid to any company which neglects or refuses to transmit such tele- grams in accordance with the provisions of this section. SEC. 5267. The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property T 3, v! l i4, pi 221. ' 8 ' and effects of any or all companies acting under the provi- sions of the act of July twenty-fourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of tele- graph lines, and to secure to the Government the use of the same for postal, military, and other purposes,'' or under this Title, at an appraised value, to be ascertained by five com- petent, disinterested persons, two of whom shall be selected by the Postmaster- General of the United States, two by the company interested, and one by the four so previously selected. be SEC. 5268. Before any telegraph company shall exercise any of the powers or privileges conferred by law such com- pany shall file their written acceptance with the Post- Note 1. See various provisions relating to naval accounts : R. S., 283, 3673, 3676, and 3678; 1878, June 19, ch. 312 (1 Supp. R. S., 194) ; 1889, March 2, ch. 371 (1 Supp. R. S., 678) ; 1891, March 2, ch. 494 par. 1 (1 Supp. R. S., 900) ; 1893, March 3, ch. 212, par. 5, ante, p. 130; 1896, June 10, ch. 399 (29 Stat. L., 370). Note 2. The Postmaater-General in his circular fixing rates for the fiscal year end ing June 30, 1883, says : "All officers of the United States Government should indorse upon official messages transmitted by them the words 'official business,' and should report tothe Postmaster-General any charges in excess of the rates." (See Op., XIV, 63, 123, 173, 313; XVI, 353; XV, 354, 579, regarding the transmission of messages over filed. Ibid., s. 4. RAILROADS AND TELEGRAPHS. 431 master-General of the restrictions and obligations required by law. SEC. 51*69. Whenever any telegraph company, after hav- ing filed its written acceptance with the Postmaster-General dispatches. of the restrictions and obligations required by the act s 'VTn approved July twenty-fourth, eighteen hundred and sixty- i ; eb. 20, ISTT, ch! six, entitled "An act to aid in the construct! on of telegraph Feb V 27, 9 m7 2 ch! lines, and to secure to the Government the use of the same 69 . v -i9ii>.252. for postal, military, and other purposes," or by this Title, shall, by its agents or employes, refuse or neglect to trans mit any such telegraphic communications as are provided for by the aforesaid act, or by this Title, or by the provi- sions of section two hundred and twenty-one, Title U THE DEPARTMENT OF WAR," authorizing the Secretary of War to provide for taking meterological observations at the mili- tary stations and other points of the interior of the conti- nent, and for giving notice on the northern lakes and sea- board of the approach and force of storms, such telegraph company shall be liable to a penalty of not less than one hundred dollars and not more than one thousand dollars for each such refusal or neglect, to be recovered by an action or actions at law in any district court of the United States. June 23, is?*. That any person or persons who shall wilfully or ma- liciously injure or destroy any of the works or property or maliciously do material of any telegraphic line constructed and owned, or 01 in process of construction, by the United States, or that ua maybe hereafter constructed and owned or occupied aud gl jun 3'i874, controlled by the United States, or who shall wilfully ojp. maliciously interfere in any way with the working or use of any such telegraphic line, or who shall wilfully or ma- liciously obstruct, hinder, or delay the transmission of any communication over any such telegraphic line, shall be deemed guilty of a misdemeanor, and, on conviction thereof iii any district court of the United States having jurisdic- tion of the same, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or with imprisonment for a term not exceeding three years, or with both, in the discretion of the court. That the lines of telegraph, connecting the Capitol with Feb. *, isn. the various Departments in Washington, constructed under capitoi and de- and by virtue of the act of Congress approved March ^Jjp ental tele " third, eighteen hundred and seventy-three, entitled "An Feb.' 4, is?*, v. act making appropriations for sundry civil expenses of the 18 ' p ' 14 ' Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other pur- poses," be, and the same are hereby, placed under the supervision of the officer in charge of the public buildings Note 2. Section 223 of the Revised Statutes authorizes the Secretary of War to establish signal stations at light-houses and at such of the life-saving stations as may be suitably located for the purpose, and to connect the same with such points as may be necessary for the proper discharge of the signal service by means of a suitable telegraph line in cases where no lines are in operation, to be constructed, maintained, and worked under the direction of the chief signal officer of the Army or the Secretary of War and the Secretary of the Treasury. Subsequent acts pro- vide for the construction, under the Secretary of War, of military telegraph lines, and that private dispatches of lawful nature may be transmitted over them, when- ever the same are not needed for public use, at reasonable rates, not to exceed the usual rates charged by private telegraph companies the proceeds thereof to be accounted for aud paid into the Treasury of the "United States. (See v, 18, p. 51. and v, 20, p. 200.) 432 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 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 Executive Department, and the Congressional Printer, are hereby authorized to detail one person from their present force of employees to operate the instruments in said Depart- ments 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 mouth, during the ses- sions of Congress. Mr. 7, 1874. Provided, That said lines of telegraph shall be for the Mar. 7, 1874, v. use only of Senators, Members of Congress, Judges of 18 seeuoto3 *^ e United States courts, and officers of Congress and of the Executive Departments, and solely on public business. RESERVED TIMBER LANDS. Sec. 2458. Live-oak and red-cedar lands. 2459. Selection of live-oak and red-cedar tracts. 246U. Protection of live-oak and red- cedar timber. 2461. Cutting or destruction of live oak or red cedar, penalty . 2462. Vessels employed in carrying away Sec. Act Aug. 4, 1892. Sale of timber in public land States. 2463. Clearance of vessels laden with live oak, prosecution of depreda- tors. 4205. Duties of collectors of customs. 5388. Depredations on timber lands. Act Mar. 3, 1875. Protection of shade live oak and red cedar, forfeit- ! trees, fences, etc. ure of. Title 32, chap. SEC. 2458. The Secretary of the Navy is authorized, un- der the direction of the President, to cause such vacant and red-cedar k iands duna PP r P r i a ^ e( i l an( ls of the United States as produce the Mar. i, 1817, a. live-oak and red-cedar timbers to be explored, and selection May' is! W/v! to be made of such tracts or portions thereof, where the is?? S 7 3 v* a 4 r ' 3 ' principal growth is of either of such timbers, as in his judg- 242.' 8 p ' nient may be necessary to furnish for the Navy a sufficient supply of the same. iiv S e e oa e k C and n red f SEC - 2 ^59. T . he President is authorized to appoint sur- cedar tracts. veyors of public lauds, who shall perform the duties pre- 1,^*3,' pi s^ 17 ' 8 ' scribed in the preceding section, and report to him the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey of water- courses; and the tracts of land thus selected with the approbation of the President shall be reserved, unless otherwise directed by law, from any future sale of the public lands, and be appropriated to the sole purpose of supplying timber for the Navy of the United States; but nothing in this section contained shall be construed to prejudice the prior rights of any person claiming lauds, which may be reserved in the manner herein provided. SEC. 24GO. The President is authorized to employ so much of tlie land and na val forces of the United States as 3, P ?65i. ' v i a y be necessary effectually to prevent the felling, cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or carrying away any such timber as may be already felled or Note 5. An appropriation is made annually and expended under direction of the War Department, for can- of tin- telegraph connecting the Capitol with the Depart- ments and Government Printing Office. (See v. 22, chap. 143, p. (J15, Mar. 3, 1883.) RESERVED TIMBER LANDS. 433 cut down ; and to take such other and further measures as may be deemed advisable for the preservation of the tim- ber of the United States in Florida. That the Secretary of the Navy be, and he is hereby, Mar. 3, is?8. authorized to cause an examination to be made of the con- Examination dition of all lands in the State of Florida which have been FiS erland8in set apart or reserved for naval purposes, excepting the Mar. 3. 1379, ch. reservation upon which the navy-yard at Pensacola is 189> v< 20> p- 470 ' located, and to ascertain whether or not such reserved lands are or will be of any value to the Government of the United States for naval purposes. SEC. 2. That all of said lands which, m the judgment of the Secretary of the Navy, are no longer required for naval purposes shall, as soon as practicable, be certified by him to the Secretary of the Interior, and be subject to entry and sale in the same manner and under the same conditions as other public lands of the United States : Provided, That all persons who have in good faith made improvements on said reserved lands so certified at the time of the passage of this act, and who occupy the same, shall be entitled to purchase the part or parts so occupied and improved by them, not to exceed one hundred and sixty acres to any one person at one dollar and twenty-five cents per acre within such reasonable time as may be fixed by the Secre- tary of the Interior. SEC. 3. That the sum of three thousand dollars, or as much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to enable the Secretary of the Navy to carry out the pro- visions of this act. SEC. 2461. If any person shall cut, or cause or procure to 8t ^^f f r iiVe be cut, or aid, assist, or be employed in cutting, or shall Lor 1 ?edcedar? wantonly destroy, or cause or procure to be wantonly ^^2, issi, s. destroyed, or aid, assist, or be employed in wantonly destroy- 1, v. 4, p. 472. ing any live-oak or red-cedar trees, or other timber stand- p e n?ion e fun re P eal timber-culture laws, and for other purposes," ap- proved March third, eighteen hundred and ninety-one. nr. 2, 1896. That the Secretary of the Navy be, and he is hereby, 28 stat. L., 814. authorized to cause to be certified to the Secretary of the isoS'p 426 S ' I n t eri or, f r restoration to the public domain, the whole or Public lands, such portion or portions of the several tracts of land in the A?a bt^mTand States of Alabama and Mississippi heretofore set apart and Mississippi re -reserved for naval uses as are no longer required for the meS t le ~ purposes for which they were reserved, or for any purposes s., sees. 2458- connected with the naval service; and upon such certifica- tion the tracts of land described therein shall be duly restored to and become a part of the public lands of the United States aDd a P refereilce right of entry for a period of six months from the date of this Act shall be given all bona fide settlers ^ are qualified to enter under the homestead law and i>y Mar. 3, 1891, have made improvements and are now residing upon any supp 6 R I'., 942)! agricultural lands in said reservations, and for a period of Stone-land Note 1. This act of 1878, Jnne 3, ch. 151 (1 Supp. R. S., 167), while its title includes sales. only timber lands, provides also'(s. 1) that lands valuable chiefly for stone may be sold on the same terms as timber lands. Forest reserva- Note %. This section provides that the President may set apart public lauds t miis. wholly or in part covered with timber or undergrowth, as public reservations. RESERVED TIMBER LANDS. 435 six mouths from the date of settleineut wheii that shall * ee . VM? PI i-i -ij. x* AT A Homesteads, , occur after the date o this Act: sees. 2280 and 2290. Provided, That persons who enter under the homestead a?se 4 ' p< 647 ' public lauds, by consent of the Department of the Navy. SEC. 5388. Every person who unlawfully cuts, or aids or Title 70, chap.3. is employed in unlawfully cutting, or wantonly destroys, or Depredations procures to be wantonly destroyed, any timber standing ^MaT.^TiS^ v. upon lands of the United States, which, in pursuance of n, p. ios. law, may be reserved or purchased for military or other purposes, shall pay a fine of not more than five hundred dollars, and be imprisoned not more than twelve months. SEC. 1. That if any person or persons shall knowingly Mar. 3, 1876. and unlawfully cut, or shall knowingly aid, assist, or be cutting or in- employed in unlawfully cutting, or shall wantonly destroy jand^o/if. 6 !. re" or injure, or procure to be wantonly destroyed or injured, served or pur- any timber- tree or any shade or ornamental tree, or anyjjjjf^ other kind of tree, standing, growing, or being upon any lauds of the United States, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such person or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such Punishment. offense, pay a fine not exceeding five hundred dollars, or shall be imprisoned not exceeding twelve months. SEC. 2. That if any person or persons shall knowingly and J^jjH J5JJJ unlawfully break or destroy any fence, wall, hedge, or gate lands of u. s. re- inclosing any lands of the United States, which have, in pursuance of any law, been reserved or purchased by the use, United States for any public use, every such person so 436 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Punishment, offending, on conviction, shall, for every such offense, pay a fine not exceeding two hundred dollars, or be imprisoned not exceeding six months. eSf^dlrivSg" SEC. 3. That if any person or persons shall knowingly cattle, etc., on to and unlawfully break, open, or destroy any gate, fence, " hedge, or wall inclosing any lands of the United States, reserved or purchased as aforesaid, and shall drive any cattle, horses, or hogs upon the lands aforesaid for the pur- ^attie r tc til toP ose ^ destroying the grass or trees on the said grounds, enterthroghin%r where they may destroy the said grass or trees, or if any lands 8 f 8ucl1 sucn person or persons shall knowingly permit his or their Punishment, cattle, horses, or hogs to enter through any of said inclo- sures upon the lands of the United States aforesaid, where the said cattle, horses, or hogs may or can destroy the grass or trees or other property of the United States on the said land, every such person or persons so offending, on convic- tion, shall pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding twelve months: Provided, That is, p. 48i. nothing in this act shall be construed to apply to uusur- veyed public lauds and to public lauds subject to pre-emp- emption and homestead laws, or to public lands subject to an act to promote the development of the mining resources of the United States, approved May tenth, eight- een hundred and seventy-two. All moneys heretofore, and that shall hereafter be, col- lected for depredation upon the public lands shall be cov- ered into the Treasury of the United States, as other f . . moneys received from the sale of public lands. * * * Seizure ot tim- T _ > . -, ,-,'-, . _ ber export^ If any timber cut on the public lands shall be exported from the Territories of the United States, it shall be liable to seizure by United States authority wherever found. * * * REVENUE-CUTTER SERVICE. Sec. 2756. Contracts for rations authorized. 2757. Revenue officers should co-operate with the Navy. Act Apr. 6, 1894. Arbitration in regard to fur seals. 2760. Powers and duties of officers of revenue-cutters. Act July 31, 1876. Appointment of cadets. Detail for life-saving service. Act Mar. 2, 1895. Board on retirement of officers. Apr. so, 1878. see note a. Sec. 1492. Rank with the Navy. 2749. Number of officers and men. Act July 31, 1894. Revenue-cutter service : chief of division. 2750. Grades of engineers. 2751. Appointment of commissioned offi- cers. 2752. Qualifications of captains and lieu- tenants. 2753. Compensation of officer of revenue- cutter service. 2754. Wages of petty officers and crews. 2755. Officers on duty entitled to one Navy ration per pay. Title is. chp. 4. SEC. 1492. The officers of the revenue-cutter service when Revenue- cut- serving, in accordance with law, as a part of the Navy, ing !?pMtofthe sll . a11 l)e entitled to relative rank, as follows: Captains, Navy. with and next after lieutenants commanding in the Navyj Note S. Under section 4751, the Secretary of the Navy has power to mitigate any fine, penalty, or forfeiture incurred under the provisions of the sections designated therein ; and this power may be exercised by him as well where the proceedings, civil or criminal, have not been instituted with his knowledge and by his direction as where they hav been thus instituted. (Op., XV, 436, Devens, Jan. 23, 1878.) Live-oak timber cut, in violation of law, for the purposes of transportation, is not subject to forfeiture, so as to give informers a right to a distributive portion of it, such timber being all the while, in law, the property of the United States. The act of March 2, 1831, makes no provision for the forfeiture of timber. (Op., IV, 247, kelson, Sept. 2, 1843.) The moneys referred to in the act of April 30, 1878, chap. 76, are that part of the penalty which is payable to the Secretary of the Navy, under sec. 4751, Tension Funda, (Op,, July 19, 1883. Phillips.) REVENUE-CUTTER SERVICE. 437 first lieutenants, with and next after lieutenants in the 4 J ^ ll ^ 2 4 186 ^s : Navy 5 second lieutenants, with and next after masters in Mar'. 2, ' 1799, s! line in the Navy; third lieutenants, with and next after en- Si/ieSsVss' signs in the Navy. i, 11, v. 12, ' PP ! 583, 585. See title "Rank and precedence," sec. 1492. SEC. 2749. The officers for each re venue- vessel shall be Title 34, chap, s. one captain, and one first, one second, and one third lieuten- Number of om- ant, and for each steam- vessel, in addition, one engineer and ce jufy d 2 e i 8 6i one assistant engineer; but the Secretary of the Treasury s. 2, v. 12, p. 275) may assign to any vessel a greater number of officers when- ijjfj. io7. 1876 ' v ' ever in his opinion the nature of the service which she is directed to perform requires it. And vessels of both de- scriptions shall have such number of petty officers and men as in the opinion of the Secretary are required to make them efficient for their service. [Par. 3.] Division of revenue- cutter service: * * That _***r 31 > 1894 the Secretary of the Treasury shall detail a captain of the 28 stat. L., 162. Revenue-Cutter Service who shall be chief of the division SfSS of Bevenue-Cutter Service, and a chief engineer, who shall division'. be engineer in chief of said Service, but no additional pay ~^ ief or emoluments shall be allowed on account of such detail, vjg- E - s -> sec - SEC. 2750. The grades of engineers shall be chief engi- .^ r d a es of en ~ ueer, and first and second assistant engineer, with the pay gl Feb r8 4, ises, a. and relative rank of first, second, and third lieutenant, 2 - J: t J| P ' f 63 fi rst respectively. and second as- sistant engineers changed respec- tively to passed assistant engi- neers. Act of Feb. 24, 1874. SEC. 2751. The commissioned officers of the revenue- cutter service shall be appointed by the President, by and officers. with the advice and consent of the Senate. Idem> 8> 1 * SEC. 2752. No person shall be appointed to the office of of Q c a a piainf and captain, first, second, or third lieutenant, of any revenue- lieutenants. cutter, who does not adduce competent proof of proficiency 2 , ^ 10', p! ?o. 5> 8> and skill in navigation and seamanship. SEC. 2753. The compensation of the officers of the re venue- cutter service shall be at the following rates while enue- cutter -, , Service. On duty : Feb. 28, 1867, s. Captains, twenty- five' hundred dollars a year each. i,v.i4,p.4i6. First lieutenants and chief engineers, eighteen hundred dollars a year each. Second lieutenants and first assistant engineers, fifteen First assistant hundred dollars a year each. *%%%***' Third lieutenants and second assistant engineers, twelve hundred dollars a year each. And at the following rates while on leave of absence or while waiting orders : Captains, eighteen hundred dollars a year each. First lieutenants and chief engineers, fifteen hundred dollars a year each. Second lieutenants and first assistant engineers twelve First assistant hundred dollars a year each. ' 438 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. second assist- Third lieutenants and second assistant engineers, nine chVn n g g ed ee a r s hundred dollars a year each. above. wages of petty SEC. 2754. The wages of petty officers and seamen of the crews er ld revenue-cutter service shall not exceed the average wages 3 v e isi 4l wo 3 ' 8 ' P a *d f r like services on the Atlantic or Pacific coast, respectively, in the merchant service. Feb i( 28 9 i867 R SEC. 2755. Eachofficer of the re venue-cutter service, while 2, v.V p.' 416. ' B * on duty, shall be entitled to one Navy ration per day. contracts for SEC. 275G. The Secretary of the Treasury may cause con- ra Ma" 8 2, 1799, s. tracts to be made for the supply of rations for the officers 98, v.i, p. 699. an( j men o f the revenue-cutters. See note 1. Revenue offi- SEC. 2757. The revenue-cutters shall, whenever the Presi- ^^^y^ 6 dent so directs, co-operate with the Navy, during which time idem. they shall be under the direction of the Secretary of the 55M, e sia e ve S tr 5 ade. ^avy, and the expenses thereof shall be defrayed by the Apr. e, 189*. Navy Department. Preservation of fur seals. 28 Stat. L., 52. Vol. 2, Supp. B. S.,1892-95, C h. 57, p. 178. An act to give effect to the award rendered by the Tribunal of Arbitration, at Paris, under the treaty be- tween the United States and Great Britain. President to SEC. 11. That it shall be the duty of the President to use naval force. cause a sufficient naval force to cruise in the waters to which this Act is applicable to enforce its provisions, officers and it shall be the duty of the commanding officer of any unlawful vessel belonging to the naval or revenue serviceof the United States, when so instructed by the President, to seize and arrest all vessels of the United States found by him to be engaged, used, or employed in the waters last aforesaid in to take them to violation of any of the prohibitions of this Act, or of any ^see sees 4296 re g u ^tions made thereunder, and to take the same, with 4297. "piracy and all persons on board thereof, to the most convenient port robbery." j n auv district of the United States mentioned in this Act, there to be dealt with according to law. ties of e officeof SE ?* 276 * The officers of tne revenue-cutters shall re- rev 8 ennecuTters spectively be deemed officers of the customs, and shall be 7oo dem ' Bl "' p ' 8U bJ ec t to the direction of such collectors of the revenue, or other officers thereof, as from time to time shall be desig- nated for that purpose. They shall go on board all vessels which arrive within the United States or within four leagues of the coast thereof, if bound for the United States, and search and examine the same, and every part thereof, and shall demand, receive, and certify the mani- fests required to be on board certain vessels, shall affix and put proper fastenings on the hatches and other communi- Note 1. Officers of the revenne-cutter service belong to the civil service, as con- tradistinguished from the naval and military arc nubject to removal by theTresi- dent, witli the concurrence of the Senate in confirming the nomination of a succes- sor. (Op., XV, p. 396, Nov. 13, 1877, Devens.) REVENUE-CUTTER SERVICE. 439 cations witli the hold of any vessel, and shall remain on board such vessels until they arrive at the port or place of their destination. Hereafter upon the occurring of a vacancy in the grade July ai, i8?6. of third lieutenant in the Revenue Marine Service, the Sec- Appointment retary of the Treasury may appoint a cadet, not less than Of 1 9 a gtlt.' L., v. eighteen nor more than twenty-five years of age^ with rank 19, p. 102. next below that of third lieutenant, whose pay shall be three-fourths that of a third lieutenant, and who shall not be appointed to a higher grade until he shall have served a satisfactory probationary term of two years, and passed the examination required by the regulations of said serv- ice; and upon the promotion of such cadet another may be appointed in his stead; but the whole number of third lieutenants and cadets shall at no time exceed the number of third lieutenants now authorized by law. That on and after the passage of this Act the pay of Aug. 18,1894. cadets in the Revenue-Cutter Service shall be five hundred 28 stat. L., 372. dollars per annum and one ration per day, in lieu of thet e ?se?vice!ca- rates at present authorized by law, chapter two hundred de 1 t |yj )a: j ul 31 and forty-six, paragraph four, Act July thirty-first, eight- ch. 246, pa/3 (i een hundred and seventy- six; * * * Sl See'iSt^2' 114) ' [Par. 4.] That the President of the United States is Mar. 21, isos. hereby authorized to convene a board, to be composed of 2 s stat. L., 910. three surgeons of the Marine-Hospital Service, to examine Revenue -cut- aud report upon all officers now in the Revenue-Cutter IseeTotes. Service who, through no vicious habits of their own, are m ^ ar d f ^cers 6 now incapacitated by reason of the infirmities of age or m physical or mental disability to efficiently perform the duties of their respective offices. And such officers as, under the terms of this Act, may Pay of retired be reported by said board to be so permanently incapaci- tated shall be placed on waiting orders out of the line of promotion, with one-half active duty pay, and the vacan- cies thereby created in the active list of the officers shall be filled by promotion in the order of seniority, as now provided by law : Provided, hoivever, That no such promotion shall be Examination made until the professional qualifications of the candidate fori)ro shall have been determined by written examination before a board of officers of the Revenue-Gutter Service convened by the Secretary of the Treasury for that purpose: Provided further, That the number of officers upon the flc ^ mb n r ot of f: active list now authorized by law shall not be increased by creased. this Act. * * * Note 2. The laws relating to the Revenue Cutter or Revenue Marine Service are reviewed in note to 1888, Oct. 2, ch. 1069, par. 1 (1 Supp. R. S., 626). The administra- tion of certain oaths in the service is provided for by 1893, March 3, ch. 208, par. 2, p. 120; by 1894, July 31, ch. 174, par. 3, p. 210, the name is fixed as the Revenue- Cutter Service, and by sec. 7, par. 1, of the same act, p. 213, the accounts are to be settled by the Auditor for the Treasury Department. Note 3. See notes to!888, Oct. 2, ch. 1069, par. 1 (1 Supp. R. S., 626), and 1894, Aug. 18, ch. 301, par. 2, p. 252, for review of legislation relative to the Revenue-Cutter (formerly called Eevenue-Marine) Service. 440 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. SLAVE TRADE, KIDNAPPING, COOLY TRADE. Sec. 2158. Cooly trade prohibited. 2159. Vessels employed in cooly trade shall be forfeited. 2160. Building vessels to engage in cooly trade, how punished. 2161. Punishment for violation of section 2158. 2162. This title not to interfere with vol- untary emigration. 2163. Examination of vessels. Transporting from Oriental coun- tries subjects without consent. 5378. Equipping vessels for slave trade. 5379. Transporting persons to be held as 5381. Serving in vessels transporting slaves. 5282. Same. 5524. Receiving or carrying away any person to be sold or held as a slave. 5525. Kidnapping. 5551. Equipping, etc., vessel for slave trade ; forfeiture of vessel. 5552. Penalty on persons building, equip- ping, etc. 5553. Forfeiture of vessel transporting slaves. Sec. 5554. Penalty for receiving persons on board to be sold as slaves. 5557. Seizure of vessels engaged in the slave trade. 5558. Proceeds of condemned vessels, how distributed. 5559. Disposal of persons found on board seized vessels. 5560. Apprehension of officers and crew. 5561 . Removal of persons delivered from seized vessels. 5562. Bounty. 5563. To what port captured vessels sent. 5564. "When owners of foreign vessels shall give bond. 5565. Distribution of penalties. 5566. Contracts for reception in Africa of persons delivered from seized 5567. Instructions to commanders of armed vessels. 5568. Contracts for reception, etc., in "West Indies of persons delivered from seized vessels. 5569. Instructions to commanders of Act Feb. 26, 1895. Contract labor. Title 29. SEC. 2158. No citizen of the United States, or foreigner trade coming into or residing within the same, shall, for himself Ibid. prohibited. or f or an y o ther person, either as master, factor, owner, or jfQo. ia, 10043. i_ -! j i j j-i 1, v. 12, p. 340; other wise, build, equip, load, or otherwise prepare, any p e ^69 9 ' 1869>Vl15 ' vessel, registered, enrolled, or licensed, in the United See citizenship, States, for the purpose of procuring from any port or place lotion?" a the subjects of China, Japan, or of any other oriental coun- try, known as u coolies," to be transported to any foreign port, or place, to be disposed of, or sold, or transferred, for any time, as servants or apprentices, or to be held to serv- ice or labor. vessels em- SEC. 2159. If any vessel, belonging in whole or in part to trade%h n aii be a citizen of the United States, and registered, enrolled, or forfeited. otherwise licensed therein, be employed in the "cooly- trade," so called, contrary to the provisions of the preced- ing section, such vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district where the vessel may be found, seized, or carried. Building ves- SEC. 2160. Every person who so builds, fits out, equips, cooiy^traX^how loads, or otherwise prepares, or who sends to sea, or navi- pU Feb h i9 'i862 #ates, as owner, master, factor, agent, or otherwise, any ves- 2, v, e i2, p.'34o. ' 8 ' sel, belonging in whole or in part to a citizen of the United States, or registered, enrolled, or licensed within the same, knowing or intending that such vessel is to be or may V>e employed in that trade, contrary to the provisions of sec- tion twenty-one hundred and fifty-eight, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding one year. ^ EC> 2161 ' Everv citizen of the United States who, con- trary to the provisions of section twenty-one hundred and fifty-eight, takes on board of any vessel, or receives or trans- ports any such subjects as are described in that section, for ? vioiatio e of n ibid., s. 3. SLAVE TRADE, KIDNAPING, COOLY TRADE. 441 the purpose of disposing of them in any way as therein pro- hibited, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year. SEC. 2162. Nothing herein contained shall be deemed to This title not apply to any voluntary emigration of the subjects specified ^unSr^em?- in section twenty-one hundred and fifty-eight, or to any gratis, vessel carrying such person as passenger on board the same, seeMar! 3,'i875. but a certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration froni such port, which certificate shall be given to the master of such vessel; and the same shall not be given until such consul or consular agent is first per- sonally satisfied by evidence of the truth of the facts therein contained. SEC. 2163. The President is empowered, in such way and Examination at such time as he may judge proper, to direct the vessels N?chargeupon of the United States, and the masters and commandersP articu . lar P er - thereof, to examine all vessels navigated or owned in whole Lg?etc. mimsra or in part by citizens of the United States, and registered, 3 J bid -' s - 6 - P- enrolled, or licensed under the laws thereof, whenever, in the judgment of suchmaster or commanding officer, reason- able cause exists to believe that such vessel has on board any subjects of China, Japan, or other Oriental country, known as " coolies "; and, upon sufficient proof that such vessel is employed in violation of the preceding provisions, to cause her to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of according to law. That if any citizen of the United States, or other person Mar. 3, 1875. amenable to the laws of the United States, shall take, or citizen united cause to be taken or transported, to or from the United states transport- States any subject of China, Japan, or any Oriental coun- c&ni fwjapan try, without their free and voluntary consent, for the pur-^* loutfreecon - pose of holding them to a term of service, such citizen or se penaity. other person shall be liable to be indicted therefor, and, on JS53u?** conviction of such offense, shall be punished by a fine not Mar. 3, isre, s. exceeding two thousand dollars and be imprisoned not 2)V ' 18 ' p ' 477 ' exceeding one year j and all contracts and agreements for a term of service of such persons in the United States, whether made in advance or in pursuance of such illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void. SEC. 5378. Every person who builds, fits out, equips, Title ?o, chap. 3. loads, or otherwise prepares, or sends away, either as mas- Kidnaping and ter, factor, or owner, any vessel, in any port or place within 8l ^ e u t i rad ves the jurisdiction of the United States, or causes such vessel S!fnSm to sail from any port or place whatsoever, within such juris- tr Ap r .2o ms * diction, for the purpose of procuring any negro, mulatto, or a, v. 3, p. 451. person of color from any foreign kingdom or country, to be See sec> 5551 ' transported to any port or place whatsoever, to be held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be punished by a fine of not less than one 442 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. thousand dollars, nor more than five thousand dollars, one- half to the use of the United States and the other half to the use of the person prosecuting the indictment to effect, and shall, moreover, be imprisoned at hard labor for a term not more than seven years, nor less than three years. g EC> 5379. Every citizen or other person resident within the jurisdiction of the United States, who takes on board, ibid., a. 4. receives, or transports from any foreign kingdom or country, or from sea, any negro, mulatto, or person of color, in any vessel, for the purpose of holding, selling, or otherwise dis- posing of such person as a slave, or to be held to service or labor, shall be punished as prescribed in the preceding section. serving in g EC< 5331, Every citizen of the United States, or other American ves- . _. -, i , -i ' , -, / seis transporting per son residing therein, who voluntarily serves on board ot 8l May 10 1800 s. any American vessel employed or made use of in the trans- 2, v. 2, p. 70. portation of slaves from any foreign country or place to another, shall be punished by a fine of not more than two thousand dollars, and by imprisonment not more than two years. n for- &EC. 5382. Every citizen of the United States who volun- hi 8 the tarily serves on board of any foreign vessel employed in 8l ibid tr s de 'p 71 the slave-trade, shall be punished as prescribed in the pre- ' ceding section. Title 70, chp. ?. SEC. 5524. Every master or owner or person having Receiving on charge of any vessel who receives on board any other per- cSrying^l^ay son with the knowledge or intent that such person is to be any person to Ve carried from any State, Territory, or district of the United 8?ave r l a States to a foreign country, state, or place, to be held or s 2 l v y i4 21 ' 5o 866 ' 80 ^ as a S ^ ave ? or carries away from any State, Territory, 8 'see'sec P 5379. or district of the United States any such person, with the intent that he may be so held or sold as a slave, shall be punished by a fine of not more than five thousand nor less than five hundred dollars, or by imprisonment not more than five years, or by both. Kidnapping. SEC. 5525. Every person who kidnaps or carries away see d 'sec!' 5375, an y other person, with the intent that such other person piracy. be sold into involuntary servitude, or held as a slave; or who entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held; or who in any way know- ingly aids in causing any other person to be held, sold, or carried away to be held or sold as a slave, shall be punished by a fine of -not less than five hundred nor more than five thousand dollars, or by imprisonment not more than live years or by both. jane 28, 1874. That whoever shall knowingly and wilfully bring into Bringing iuto | ne United States, or the Territories thereof, any person SdnaVJd or 8 - invei g led or forcibly kidnapped in any other country, with sons. r intent to hold such person so inveigled or kidnapped in iFed^Rep h '676 3;coriniiemei1 ^ or ^ anv . involuntary service, and whoever shall knowingly and wilfully sell, or cause to be sold, into any condition of involuntary servitude, any other person for any term whatever, and every person who shall know- SLAVE TRADE, KIDNAPING, COOLY TRADE. 443 ingly and wilfully hold to involuntary service any person so sold and bought, shall be deemed guilty of a felony, and, on conviction thereof, be imprisoned for a term not exceeding five years, and pay a fine not exceeding five thousand dollars. SEC. 2. That every person who shall be accessory to any J^J 1 ^- 1874 of the felonies herein declared, either before or after the ch.4ovv-.i8,p.25i! fact, shall be deemed guilty of a felony, and, 011 conviction thereof be imprisoned for a term not exceeding five years and pay a fine not exceeding one. thousand dollars. SEC. 5551. No person shall, for himself, or for another, as Title 71 - master, factor, or owner, build, fit, equip, load, or otherwise Equi P ping,etc., prepare any vessel, in any port or place within the jurisdic- JJ||! forfeiture tion of the United States, or cause any vessel to sail from of vessel. any port or place within the jurisdiction of the same, for 2 , ^'^^ifj the purpose of procuring any negro, mulatto, or person of^ 1 - 2 !^ 794 ' 8 - 1 .' color, from any foreign kingdom, place, or country, to be v 'se?' sec. 5375, transported to any port or place whatsoever, to be held, Pira<5 y- sold, or otherwise disposed of, as a slave, or to be held to service or labor; and every vessel so built, fitted out, equipped, laden, or otherwise prepared, with her tackle, apparel, furniture, and lading, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person who sues for the forfeiture, and prosecutes the same to effect. SEC. 5552. Every person so building, fitting out, equip- Penalty on per- ping, loading, or otherwise preparing or sending away any equipping, etc gl vessel, knowing or intending that the same shall be em- 2 Mar.2M794,s. ployed in such trade or business, contrary to the provisions 8eee.wt8. of the preceding section, or any ways aiding or abetting therein, shall, oesides the forfeiture of the vessel, pay the sum of two thousand dollars ; one moiety thereof to the use of the United States, and the other moiety thereof to the use of the person who sues for and prosecutes the same to effect. SEC. 5553. Every vessel employed in carrying on the slave-trade, or on which is received or transported any ing slaves. negro, mulatto, or person of color, from any foreign king- 4 v i ;Tp 2 45i 18 May dom or country, or from sea, for the purpose of holding, ib, isoo, *. 4, v. 2, selling, or otherwise disposing of such person as a slave, or P ' s 7 e e ge cs. 5373, of holding such person to service or labor, shall, together 5 s?9. with her tackle, apparel, furniture, and the goods and effects which may be found on board, or which may have been imported thereon in the same voyage, be forfeited; one moiety to the United States, and the other to the use of the person who sues for and prosecutes the forfeiture to effect. SEC. 5554. If any citizen of the United States takes on ce ?> alt y ^^ board, receives, or transports any negro, mulatto, or person on lv i"ar ( f to be of color, for the purpose of selling such person as a slave, 80 ]J a 'J. 8 22*1794 8 he shall, in addition to the forfeiture of the vessel, pay for 4, v. i, p.m ' each x>erson, so received on board or transported, the sum of two hundred dollars, to be recovered in any court of the United States 5 the one moiety thereof to the use of the United 444 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. States, and the other moiety to the use of the person who sues for and prosecutes the same to effect. use of armed SEC. 5557. The President is authorized, when he deems it expedient, to man and employ any of the armed vessels of the United States to cruise wherever he may judge attempts are making to carry on the slave-trade, by citizens or resi- dents of the United States, in contravention of laws pro- hibitory of the same; and, in such case, he shall instruct seizure of ves- the commanders of such armed vessels to seize, take, and th 1 e 8 8iSS a taSde il1 brin into anv P ort of tne United States, to be proceeded Myio. i8oo, s. against according to law, all American vessels, wheresoever 2' 1807 P 8 71( J ^"2," f un(i ? which may have on board or which may be intended P. 428; Mar.'s! forthepurposeof taking on board, or of transporting, or may 532?' 8 ' 1 ' T> 3> p ' have transported any negro, mulatto, or person of color, in violation of the provisions of any act of Congress prohibit- ing the traffic in slaves. Proceeds of SEC. 5558. The proceeds of all vessels, their tackle, ap- 8ei n 8 ,hw e di8tn e b"parel, and furniture, and the goods and effects on board of Ul ibid them, which are so seized, prosecuted, and condemned, shall be divided equally between the United States and the officers and men who seize, take, or bring the same into port for con- demnation, whether such seizure be made by an armed ves- sel of the United States or revenue cutter thereof; and the same shall be distributed as is provided by law for the dis- tribution of prizes taken from an enemy. sons^ound Tn SEa 5559 ' The officers and men, to be entitled to one- board seized ves- half of the proceeds mentioned in the last section, shall 86 Mar. 3, 1819, a. safelv ke ^p every negro, mulatto, 01 person of color, found i,v.3,p.532. ' 'on board of any vessel so seized, taken, or brought into port, for condemnation, and shall deliver every such negro, mulatto, or person of color, to the marshal of the district into which he may be brought, if into a port of the United States, or if elsewhere, to such person as may be lawfully appointed by the President, in the manner directed bylaw; transmitting to the President, as soon as may be after such delivery, a descriptive list of such negroes, mulattoes, or persons of color, in order that he may give directions for the disposal of them. of A o&cet8 en and SEC> 55GO - Tlie commanders of such commissioned ves- crew sels shall cause to be apprehended, and taken into custody, " 4, w? every person found on board of such offending vessel, so seized and taken, being of the officers or crew thereof, and him convey, as soon as conveniently may be, to the civil authority of the United States, to be proceeded against in due course of law. SEC> 5561 - The President is authorized to make such from seized ves- regulations and arrangements as he may deem expedient 8< Mar. 3, 1819 s * r ^ ne safe-keeping, support, and removal beyond the 2,Y.3, P .533. ' 'limits of the United States, of all such negroes mulattoes, or persons of color, as may be delivered and brought within their jurisdiction ; and to appoint a proper person residing upon the coast of Africa as agent, for receiving the negroes, mulattoes, or persons of color delivered from on board ves- sels seized in the prosecution of the slave-trade, by com- manders of United States armed vessels. SLAVE TRADE, KIDNAPING, COOLY TRADE. 445 SEC. 5562. A bounty of twenty-five dollars shall be paid to the officers and crews of the commissioned vessels of the United States, or revenue-cutters, for each negro, mulatto, or person of color, who may be, as hereinbefore provided, delivered to the marshal or agent duly appointed to receive such person ; and the Secretary of the Treasury is required to pay, or cause to be paid, to such officers and crews, or their agent, such bounty for each person so delivered. SEC. 5563. It shall be the duty of the commander of any TO what port armed vessel of the United States, whenever he makes seSt ur any capture under the preceding provisions, to bring the iwa.,s.5. vessel and her cargo, for adjudication, into some of the ports of the State or Territory to which such vessel so cap- tured may belong, if he can ascertain the same ; if not, then to be sent into any convenient port of the United States. SEC. 5564. Every owner, master, or factor of any foreign when owners vessel, clearing out for any of the coasts or kingdoms of shSigSeltwnd! 8 Africa, or suspected to be intended for the slave-trade, and 3 ^ ar - 2 | 4 J 794> 8 - the suspicion being declared to the officer of the customs ' by any citizen, on oath, and such information being to the satisfaction of the officer, shall first give bond, with suf- ficient sureties, to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board such vessel, to be trans- ported or sold as slaves, in any other foreign port or place whatever, within nine months thereafter. SEC. 5565. The forfeitures which may hereafter be in- ^j!j;5J utionof curred under any of the preceding provisions, and which ^Ma/io! isoo, &. are not otherwise expressly disposed of, shall accrue and 7 ' v ' 2 > pt7L be one moiety thereof to the use of the informer, and the other moiety to the use of the United States, except where the prosecution is first instituted on behalf of the United States, in which case the whole shall be to their use. SEC. 5566. It may be lawful for the President to enter contracts for into contract with any person, society, or body -corporate, r?ca p o X f Versons for a term not exceeding five years, to receive from th^j^I'vessefs 0111 United States, through their duly constituted agent upon ae juneiQ, ileo, a. the coast of Africa, all negroes, mulattoes, or persons of 1>Vtia 'P i40t color, delivered from on board vessels seized in the prose- cution of the slave-trade, by commanders of the United States armed vessels, and to provide such negroes, inulat- toes, and persons of color with comfortable clothing, shelter, and provisions, for a period not exceeding one year from the date of their being landed on the coast of Africa, at a price in no case to exceed one hundred dollars for each person so clothed, sheltered, and provided with food ; and any con- tract so made may be renewed by the President from time to time as found necessary, for periods not to exceed five years on each renewal. SEC. 5567. The President is authorized to issue instruc- tions to the commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such rules and regulations as he may prescribe, to proceed directly to the coast of Africa, and there hand over to the agent of the United States all negroes, mulattoes, 446 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. and persons of color delivered from on board vessels seized in the prosecution of the slave-trade; and they shall after- ward bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication. ece n tio^etc f0 iii EC. 5568. It may be lawful for the President to enter wTs? Smiles, 'of in to arrangement, by contract or otherwise, with one or eT?rom d 8teed niore f re ig n governments having possessions in the West vessels. Indies or other tropical regions, or with their duly consti- tuted agent, to receive from the United States, for a term not exceeding five years, at such place as may be agreed upon, all negroes, mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slave- trade, by commanders of United States armed vessels, and to provide them with suitable instruction, and with com- fortable clothing and shelter, and to employ them, at wages, under such regulations as maybe agreed upon, for a period not exceeding five years from the date of their being landed at the place agreed upon. But the United States shall incur no expenses on account of such negroes, mulattoes, or per- sons of color, after having landed them at the place agreed upon. And any arrangement so made may be renewed by the President from time to time, as may be found necessary, for periods not exceeding five years on each renewal. SEC ' 5569 - Tne President is authorized to issue instruc- vessels, tions to the commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such regulations as he may prescribe, to proceed directly to such place as shall have been agreed upon with any foreign government, or its duly constituted agent, under the provisions of the preceding section, and there deliver to the duly constituted authorities or agents of such foreign government all negroes, mulattoes, or persons of color, taken from on board vessels seized in the prosecution of the slave trade; and they shall afterward bring the vessel and persons engaged in prosecuting such trade to the United States for trial and adjudication. Feb. 26, 1886. That from and after the passage of this act it shall be 23 stat. L., ;<32. unlawful for any person, company, partnership, or corpo- ^ on ? * u any manner whatsoever, to prepay the transpor- 11 n d e r tation, or in any way assist or encourage the importation r migration of any alien or aliens, any foreigner or for- 21 ' s>>8ec8 - 2158 - eigners, into the United States, its Territories, or the District isVs.Mar. 3, ch. of Columbia, under contractor agreement, parol or special, Aig^'chm 8 ? 1 ex P ress or implied, made previous to the importation or ii7o , 'IBS?, Feb.23,' migration of such alien or aliens, foreigner or foreigners, f ch^i^Vsti' to Perform labor or service of any kind in the United 934. ' ' States, its Territories, or the District of Columbia. he^attr vokf* 8 . SEO * 2 ' Tliat a11 coil tracts or agreements, express or iin- see note i. plied, parol or special, which may hereafter be made by and between any person, company, partnership, or corpo- ration, and any foreigner or foreigners, alien or aliens, to perform labor or service or having reference to the perform- NoU l.-See sections 6-10 added to this act by 1887, Feb. 23, ch. 220, p. 541. SLAVE TRADE, KIDNAPING, COOLY TRADE. 447 ance of labor or service by any person in the United States, its Territories, or the District of Columbia previous to the migration or importation of the person or persons whose labor or service is contracted for into the United States, shall be utterly void and of no effect. SEC. 3. That for every violation of any of the P rov i s i ]QS lat ^ a 1 f^ rvio " of section one of this act the person, partnership, company, a i888,oSi9,ch. or corporation violating the same, by knowingly assisting, 12 28 P Fed llp Rep 3 ' encouraging or soliciting the migration or importation of 796 ; 36 Fed. Rep!i any alien or aliens, foreigner or foreigners, into the United^:^^;^^ States, its Territories, or the District of Columbia, to per-75i';43Fed.Kep; form labor or service of any kind under contract or agree- 4^ ; i9 5 opin8?3&. ment, express or implied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becoming residents or citizens of the United States, shall forfeit and pay for every such offence the sum of one thousand dollars, which may be sued for and recovered by the United States or by any person who shall first bring his action therefor including any such alien or foreigner who may be a party to any such contract or agreement, as debts of like amount are now recovered in the circuit courts of the United States ; the proceeds to be paid into the Treasury of the United States; and. separate suits may be brought for each alien or foreigner being a party to such contract or agree- ment aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit at the expense of the United States. SEC. 4. That the master of any vessel who shall know- Master of ves- ,,. .j-i TT- j_ -i r>i -i s e li knowingly ingly bring within the United States on any such vessel, bringing suck and land, or permit to be landed, from any foreign port or place, any alien laborer, mechanic, or artisan who, previous isoi, Mar. 3, to embarkation on such vessel, had entered into con tract 551)0 ' 8 ' p ' 935 ' or agreement, parol or special, express or implied, to per- form labor or service in the United States, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dol- lars for each and every such alien laborer, mechanic or ar- tisan so brought as aforesaid, and may also be imprisoned for a term not exceeding six months. SEC. 5. That nothing in this act shall be so construed as ^r e a i | 1 f 1 r8te to prevent any citizen or subject of any foreign country United 1 sta temporarily residing in the United States, either in private Sgner8 S a8 S pr [- or official capacity, from engaging, under contract or other- vate secretaries, wise, persons not residents or citizens of the United States servants etc to act as private secretaries, servants, or domestics for such foreigner temporarily residing in the United States as aforesaid ; Nor shall this act be so construed as to prevent any per- ^JJja son, or persons, partnership, or corporation from engaging, JSries. under contract or agreement, skilled workman in foreign excepted. countries to perform labor in the United States in or upon any new industry not at present established in the United States : Provided, That skilled labor for that purpose can not be ^JJ * 8 a n otherwise obtained; nor shall the provisions of this act ants. apply to professional actors, artists, lecturers, or singers, C h! 551, s. 5 "935. 448 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. -and relatives. UO r to persons employed strictly as personal or domestic servants : Provided, That nothing in this act shall be construed as prohibiting any individual from assisting any member of his family or any relative or personal friend, to migrate from any foreign country to the United States, for the pur- pose of settlement here. Repeal. SEC. 6. That all laws or parts of laws conflicting here- with be, and the same are hereby, repealed. TREASON, REBELLION, CONSPIRACY, AND INSUR- RECTION. Sec. 1642. Militia to be called out. 1643. Apportioned among States. 1644. Subject to rules of war. Arms to be furnished. 1033. Cojy of indictment, etc., to be fur- nished. 1034. Entitled to counsel. 2111. Sending seditious messages; pen- alty. 2112. Carrying seditious messages; pen- alty. 2113. Correspondence with foreign na- tions to excite Indians to war; penalty. 5297. Insurrection against a State gov- ernment. 5298. Insurrection against the Govern- ment of the United States. 5299. Power to suppress insurrection in violation of civil rights. 5300. Proclamation to insurgents to dis- perse. 5331. Treason. Sec. 5332. Punishment of treason. 5333. Misprision of treason. 5334. Inciting or engaging in rebellion or insurrection. Act May 13, 1884. Officers of Confeder- ate States, etc., disqualified. 5335. Criminal correspondence with for- eign governments. Seditic 5336. Seditious conspiracy. 5337. Recruiting soldiers or sailors to serve against the United States. 5338. Enlistment to serve against the United States. 5406. Conspiring to intimidate witnesses, etc. 5407. Conspiracy to defeat the enforce- ment of the laws. 5440. All parties to a conspiracy equally guilty. 5518 . Conspiracy to prevent holdiu g office. 5519. Conspiracy to deprive any person of equal protection of the laws. Title IB. SEC. 1642. Whenever the United States are invaded, or orders oVpraa- ar ^ ^ imminent danger of invasion from any foreign nation invasion ca8e f r I nc ^ an tribe, or of rebellion against the authority of the in Feb 10 28, 1795, s. Government of the United States, it shall be lawful for i, v, i, p. 424. ^] ie p res i(jent to call forth such number of the militia of the State or States, most convenient to the place of danger, or scene of action, as he may deem necessary to repel such invasion, or to suppress such rebellion, and to issue his orders for that purpose to such officers of the militia as he may think proper. Militia, how SEC. 1643. When the militia of more than one State is ap j > uiv 1 i7, e i862, s. called into the actual service of the United States by the i,v,up.597. President, he shall apportion them among such States ac- cording to representative population. SEC - I 644 - The militia, when called into the actual serv- 8 . ice of the United States for the suppression of rebellion 9o v ifn'tt :l iV' a g ainst aild resistance to the laws of the United States, 9, JoOl, 8. O.V. 1, ** -, , , . , i ft P. 282. shall be subject to the same rules and articles of war as the regular troops of the United States. Hr. s, 1879. That upon the request of the head of any Department, Secretary of War be, and he hereby is, authorized and tSn e of f pu r b uc directed to issue arms ail d ammunition whenever they may property. be required for the protection of the public money and cb 183, v.' 2ofp'. property, and they may be delivered to any officer of the 416. Department designated by the head of such Department, TREASON, REBELLION, CONSPIRACY, AND INSURRECTION. 449 to be accounted for to the Secretary of War, and to be re- See note L turned when the necessity for their use has expired. SEC. 1033. When any person is indicted of treason, aTitiei3,chap.i8. copy of the indictment and a list of the jury, and of the Copy of imii witnesses to be produced on the trial for proving the in- dictinent, stating the place of abode of each juror arid witness, shall be delivered to him at least three entire days 20, v.i, p.'iis. ' 8< before he is tried for the same. When any person is in- dicted of any other capital offense, such copy of the indict- ment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial. SEC. 1034. Every person who is indicted of treason, or Persons indict- other capital crime, shall be allowed to make his full crimes en*? tied defense by counsel learned in the law; and the court* counsel and before which he is tried, or some judge thereof, shall im- nesseT^ mediately, upon his request, assign to him such counsel, Idem - not exceeding two, as he may desire, and they shall have free access to him at all seasonable hours. He shall be allowed, in his defense, to make any proof that he can pro- duce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosection. SEC. 2111. Every person who sends any talk, speech, Title 28, chap. 3. message, or letter to any Indian nation, tribe, chief, or sending individual, with an intent to produce a contravention infraction of any treaty or law of the United States, or to June so, 1334, 8 . disturb the peace and tranquility of the United States, i s 13 > v - 4 'P- 731 - liable to a penalty of two thousand dollars. SEC. 2112. Every person who carries or delivers any talk, message, speech, or letter, intended to produce a con- travention or infraction of any treaty or law of the United Idem> Sp 14< States, or to disturb the peace or tranquility of the United States, knowing the contents thereof, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatever, residing within the United States, or from or to any subject, citizen, or agent of any foreign power or state, is liable to a penalty of one thousand dollars. SEC. 2113. Every person who carries on a correspondence, J^ JJ2 n ^a 6 by letter or otherwise, with any foreign nation or power, tions, to excite with an intent to induce such foreign nation or power to p^ty. to war; excite any Indian nation, tribe, chief, or individual, to war idem,' a. 15. against the United States, or to the violation of any exist- ing treaty; or who alienates, or attempts to alienate, the confidence of any Indian or Indians from the Government of the United States, is liable to a penalty of one thousand dollars. Note 1. The President's proclamation, Aug. 20, 1866, 14 Stat., 817, was an authori- tative declaration that the rehelhon was suppressed, and it is to he so regarded on and after that date. The recognition and adoption of the time so designated in the act or March 2, 1867, 14 Stat., 428, gives to it the force and sanction of positive law, and makes it binding and conclusive on the courts. (C. C., IV, p, 1. See Wallace, 12, p. 700.) 376 29 450 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Title 69. SEC. 5297. In case of an insurrection in any State against insurrection the government thereof, it shall be lawful for the President, iraroent. tate n application of the legislature of such State, or of the Feb. 28, 1795^8. executive, when the legislature cannot be convened, to call Mar.' sj 1807, v. 2 2, : forth such number of the militia of any other State or P. 443.' States, which may be applied for, as he deems sufficient to suppress such insurrection; or, on like application, to em- ploy, for the same purposes, such part of the land or naval forces of the United States as he deems necessary. insurrection SEC. 5298. Whenever, by reason of unlawful obstructions, of the combination s, or assemblages of persons, or rebellion against the authority of the Government of the United i,vi2, p 1 . 28i.' '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 execution thereof forcibly obstructed. power to snp- g E c. 5299. Whenever insurrection, domestic violence. press insurrec- , , , . , . . 7 . o., j tion in violation unlawful combinations, or conspiracies in any State so f Apr!2o?f87i,'8. obstructs or hinders the execution of the laws thereof, and 3, v. 17, p.'i4. ' ' 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 protection, named in the Constitution and secured by the laws for the protection of such rights, privi- leges, or immunities, and the constituted authorities of such State are nnable 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 pro- tection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful com- bination, 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, ?is he may deem necessary, for the sup- pression of such insurrection, domestic violence, or combi- nations. SE - 530 - Whenever, in the judgment of the President, ^ becomes necessary to use the military forces under this 2,v u i2,p "m ' Title, the President shall forthwith, by proclamation, coin- mand the insurgents to disperse and retire peaceably to their respective abodes, within a limited time. Title 70, chap.^2. SEC> 533^ E very person owing allegiance to the United Jp?aJ n i 790 s States who levies war against them, or adheres to their i,v.i,'p.ii2. '*' enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. TREASON, REBELLION, CONSPIRACY, AND INSURRECTION. 451 SEC. 5332. Every person guilty of treason shall suffer tr ^jf hment ot death ; or, at the discretion of the court, shall be impris- r juiy D 'i7, 1862, oned at hard labor for not less than five years, and fined j^ 1 ' 3) v< 12> p - not less than ten thousand dollars, to be levied on and col- lected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwith- standing 5 and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. SEC. 5333. Every person, owing allegiance to the United tr ^n ri8ion f States and having knowledge of the commission of any Apr. so, 1790, s. treason against them, who conceals, and does not, as soon 2 ' Vfl ' pf112 ' as maybe, disclose and make known the same to the Presi- dent or to some judge of the United States, or to the gov- ernor, or to some judge or justice of a particular State, is guilty of misprision of treason, and shall be imprisoned not more than seven years, and fined not more than one thousand dollars. SEC. 5334. Every person who incites, sets on foot, assists, a ln i itin or engages in any rebellion or insurrection against the ?S authority of the United States, or the laws thereof, or gives t*^ n m2 g aid or comfort thereto, shall be punished by imprisonment 2, v. 12, p.'soo. ' not more than ten years, or by a fine of not more than ten See 8eCt 5297t thousand dollars, or by both of such punishments; and shall, moreover, be incapable of holding any office under the United States. That section twelve hundred and eighteen of the Revised Mar, si, 1896. Statutes of the United States, as amended by chapter forty- 29 stat. L., 84. - - - C! B. S.,voL six of the laws of eighteen hundred and eighty-four, which 2) p! 4 Section is as follows: 'Army and "No person who held a commission in the Army or Navy confederate of the United States at the beginning of the late rebellion, [jjgi 01i and afterwards served in any capacity in the military, naval, ^ e f^ s and or civil service of the so-called Confederate States, or of 1884, May ii oh. either of the States in insurrection during the late rebellion, | 6 |^ of the Government, directly or indirectly, commences or i, v. i, p.'eia. ' carries on any verbal or written correspondence or inter- Diplomatic om'- course with any foreign government, or any officer or agent cera, and sec. thereof, with an intent to influence the measures or conduct of any foreign government, or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Govern- ment of the United States; and every person, being a citi- zen of, or resident within, the United States, and not duly authorized, who counsels, advises, or assists in any such correspondence, with such intent, shall be punished by a fine of not more than five thousand dollars, and by impris- onment during a term not less than six months, nor more 452 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. than three years; but nothing in this section shall be con- strued to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agent thereof for redress of any injury which he may have sustained from such government, or any of its agents or subjects. seditious con- SEC. 5336. If two or more persons in any State or Terri- 8p j3y y '3i, 1861, tory conspire to overthrow, put down, or to destroy by force ch. 23 v. 12, p.284 ; ^ ne Government of the United States, or to levy war v. n'.p. is. ' ' against them, or to oppose by force the authority thereof; or by force to prevent, hinder, or delay the execution of any law of the United States ; or by force to seize, take, or possess any property of the United States contrary to the authority thereof; each of them shall be punished by a tine of not less than five hundred dollars and not more than five thousand dollars ; or by imprisonment, with or without hard labor, for a period not less than six months, nor more than six years, or by both such fine and imprisonment. Recruiting sol- SEC. 5337. Every person who recruits soldiers or sailors ^ZrtrtttoTOthin the United States to engage in armed hostility united states, against the same, or who opens within the United States a recruiting station for the enlistment of such soldiers or sailors, to serve in any manner in armed hostility against the United States, shall be fined not less than two hundred dollars, nor more than one thousand dollars, and imprisoned not less than one year, nor more than five years. Enlistment to SEC. 5338. Every soldier or sailor enlisted or engaged unTted g states! be within the United States, with intent to serve in armed ibid., a. 2. hostility against the same, shall be punished by a fine of one hundred dollars, and by imprisonment not less than one year, nor more than three years. Title 70, chp. 4. SEC. 5406. If two or more persons in any State or Terri- to tory conspire to deter, by force, intimidation, or threat, any P ar ^ v r witness in any court of the United States from Apr2oi87M! attending such court, or from testifying to any matter 2, v. 17, p. is. pending therein, freely,' fully, and truthfully, 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 per- son or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror, each of such persons shall be pun- ished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. de?eT Pi eTforc SEC> 54 7' If tWO Of mOre P erSO . nS in ^y St . ate r T ^rri- nieut of the laws! tory 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, each of such persons shall be pun- ished by a fine of not less than five hundred nor more than TREASON, REBELLION, CONSPIRACY, AND INSURRECTION. 453 five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. SEC. 5440. If two or more persons conspire either to com- Title ?o,chap.5. mit any offense against the United States, or defraud the ~AII parties to United States in any manner or for any purpose, and one or* U c a u n8 ^f t aoy more of such parties do any act to effect the object of the icarfsfwevi. conspiracy, all the parties to such conspiracy shall be liable MaJ'i7 4l i879 48 v to a penalty of not more than ten thousand dollars or to 21, p. 4.' imprisonment for not more than two years, or to both fine nf ^i^zi stat! and imprisonment, in the discretion of the court. L.',4,titie"Fraud, perjury, etc., amending this section. SEC. 5518. If two or more per sons in any State or Territory Title 70, chap. 7. conspire to prevent, by force, intimidation, or threat, any conspiracy to person from accepting or holding any office, trust, or place prevent accept- j? i2j j j5 -r-r *- -i o^ i ^> i -i ing or holding of- of confidence under the United States, or from discharging fice under united any duties thereof; or to induce by like means any officer st j{5y 31 1861 of the United States to leave any State, district, or place, ch.33,v.i2,' P .284' ; where his duties as an officer are required to be performed, v.??',?! 1 !^ 71 ' s ' 2 ' or to injure him in his person or property on account of his See sec - 54 7 - 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 dis- charge of his official duties; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. SEC. 5519. If two or more persons in any State or Terri- , Conspiracy to i j i i i i ti6priv6 iii y per* tory conspire, or go in disguise on the highway or on the son of the equal premises of another, for the purpose of depriving, either [ a ^ ctionofthe directly or indirectly, any person or class of persons of the Apr. 20, 1371, s. equal protection of the laws, or of equal privileges and 2 ' see sec'. Sse. immunities under the laws; or for the purpose of prevent- ing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. CONSTRUCTION OF UNITED STATES STATUTES RELATING TO THE NAVY AND MARINE CORPS. DECISIONS OF FEDERAL COURTS AND OPINIONS OF THE ATTORNEYS- aENERAL OF THE UNITED STATES, act 8 of at jan ^ Academy, Haval, hazing at, punishable. 1874, ch. 453; 15 Act Mar.' 3, Accounts, transportation of enlisted men. The methods stat. L.', 420- 20 adopted in settling accounts for transportation of the .' '^'m Army under the act cited are not applicable to accounts 24,' for the transportation of enlisted men of the Navy and Marine Corps. An omission by Congress of some accounts from an act providing for the settlement of certain accounts for transportation shows that it was not the intention of Con- gress to make said act apply to all accounts for transpor- tation furnished under preceding acts. TJ Accounts f district attorney and prize commissioner. S. Stats., Goulci and Tucker, p. 249, note on s. 833. Art. 29. see Accused may testify. "Evidence." Green v. TJ. S., 9 Wall., 655; but see Jones t). U.S., 1 C. Cls., 833. Act of Aug. 14, Absence from command, enlisted men of Navy and Marine op., '221. Corps. The phrase, " by reason of absence from his com- mand at the time he became entitled to his discharge," as used in 'the first section of the act cited, is to be re- garded as equally applicable to the date when the term of enlistment of the applicant expired, and to the date when he would have received his discharge along with other enlisted men with whom he served, had he been present. The proviso in the third section of the act cited is ap- plicable to the latter section alone. ii9 a) 24 ^If 1 ' L '' ( a ) RdAtf t sailors and marines. The act under considera- see also V.' Up. tion clearly intended to grant the same relief to the sailors and niarines of ti> e late war that had been granted to the soldiers under like circumstances by the acts cited under (a). 454 FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 455 Absence on pay. The section of the act cited inhibits heads of Departments and the Executive from granting oh. 128, V 4 ; 20! leave of absence to Department clerks with pay and with- ^Q^ n. 3 ?!' out charging the time against the period of absence al-i892. lowed annually by law, in every case except that of sickness of the clerk concerned. an - . 11 v 1 ^? 2 : by Court of Claims. (a) Prohibited. The appropriation act cited under (a] hibits any further leave of absence on pay when the ein- 20 ployee has before July 1, 1893, been absent for a longer period than ninety days during the calendar year 1893. OP./GTO, oiney,' Oct. 12, 1893. Active list, of the Navy, etc. That the active list of the Med- 22 stat L 235, ical Corps of the Navy shall hereafter consist of fifteen ac medical directors,fifteen medical inspectors, fifty surgeons, and ninety assistant and passed assistant surgeons. That the active list of the Pay Corps of the Navy shall hereafter consist of thirteen pay directors, thirteen pay inspectors, forty paymasters, twenty passed assistant paymasters, and ten assistant paymasters. That the active list of the Engineer Corps of the Navy shall hereafter consist of ten chief engineers with the relative rank of captain, fifteen chief engineers with the relative rank of commander, forty-five chief engineers with the relative rank of lieutenant-commander or lieu- tenant, sixty passed assistant engineers, and forty assist- ant engineers, with the relative rank for each as now fixed by law ; and after the number of officers in the said grades shall be reduced as above provided, the number in each grade shall not exceed the reduced number which is fixed by the provisions of this act for the several grades. Reduction of officers not to reduce rank. That no officer now Act of 1374, in the service shall be reduced in rank or deprived of his 8< 3> commission by reason of any provision of this act reduc- ing the number of officers in the several staff corps : Pro- vided, That no further appointments of cadet engineers shall be made by the Secretary of the Navy under section three of the act of eighteen hundred and seventy-four [by which such appointments shall not exceed twenty-five each year]. Vacancies in grades. That as vacancies shall occur in any of the grades of the Medical, Pay, and Engineer corps of the Navy no promotion shall be made to fill the same until the number in said grade shall be reduced below the num- ber which is fixed by the provisions of this act for such grade. Half of vacancies, liow filled. Hereafter only one-half of the vacancies in the various grades in the line of the Navy shall be filled by promotion until such grades shall be reduced to the following numbers, namely: Kear- admirals, six; commodores, ten; captains, forty-five; commanders, eighty- five; lieutenant-commanders, sev- enty-four; lieutenants, two hundred and fifty; masters, seventy- five; ensigns, seventy-five; and thereafter pro- motions to all vacancies shall be made, but not to increase either of said grades above the numbers aforesaid. 456 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Rani' and pay of officers on retired list. Hereafter there shall be no promotion or increase of pay in the retired list of the Navy, but the rank and pay of officers on the retired list shall be the same that they are when such officers shall be retired. Discharged until not more than one year's pay. That when- ever, on an inquiry had pursuant to law, concerning the fitness of an officer of the Navy for promotion, it shall appear that such officer is unfit to perform at sea the duties of the place to which it is proposed to promote him, by reason of drunkenness, or from any cause aris- ing from his own misconduct, and having been informed of and heard upon the charges against him, he shall not be placed on the retired list of the Navy, and if the find- ing of the board be approved by the President, he shall be discharged with not more than one year's pay. Traveling abroad. And officers of the Navy traveling abroad under orders hereafter issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the officer issuing the same, and shall receive in lieu of the mileage now allowed by law only their actual and reasonable expenses, certified under their own signatures and approved by the Secretary of the Navy. Benefits of actual service, ichether as regular or volunteer. And all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the Regular or Volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same manner as if all said service had been continuous and in the Regular Navy: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers. Insufficiency of appropriation for pay of officers, how made up. And should the sums appropriated for the pay of the officers on the active and retired lists of the Navy be insufficient, then and in that case the Secretary of the Navy is hereby authorized to use any and all balances which may be due or become due to u pay of the Navy" from the other bureaus of the Department for that purpose. 4?2 a> sL S ' t;a Navai ( a ) Title midshipman changed to ensign. The act of March 3, cadet*," p. _. 1883, provides for ninety-one midshipmen, the title of which grade is hereby changed to ensign, and the mid- shipmen now on the list shall constitute a junior grade of, and be commissioned as, ensigns, having the same rank and pay as now provided by law for midshipmen, etc. AtBlnil, in section 1362, Revised Statutes, edition 1878, ex P r . esses title, rank, and grade, as also does vice- ; ' C f. Ruther- admiral. ford v. U. 8., 18 C. Cls. E., 339 ; McClurer.U. S., id., 347. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 457 Advanced for gallantry, etc. Any officer of the Navy may, by and with the advice and consent of the Senate, be ch. 200, p. advanced, not exceeding thirty numbers in rank, for emi- Jc. u ch.'i,'n5'. nent and conspicuous conduct in battle or extraordinary heroism. The statute cited adds: "And the rank of officers shall not be changed, except in accordance with the provisions of existing law, and by and with the advice and consent of the Senate." Advancement in rank under this section is not one of the cases within Bevised Statutes, sections 1581 and 1562, entitling the officer to pay from a date anterior to his commission. Apothecary, rations for.- An apothecary in the Navy doing Rev. stat., s. detail duty at the marine barracks is not u attached to xj 7 |. ; , 21 C!CIS!R!,' the ordinary of a navy-yard " and is not entitled to a 53 - daily ration under this section. (a) "Ordinary of a navy -yard." "Ordinary of a navy-yard" <<*) Button v. here refers to ships laid up in ordinary at a navy-yard, 423.'' 2 ' '' and this section authorizes allowances of a ration to petty officers and seamen attached to and doing duty on ship- board, though not upon a seagoing vessel, but not to the apothecary of the Naval Academy when engaged on shore duty. Appointments. Under the statute cited the vacancies in the df^^A 8 ^' lowest grade of commissioned officers in the Line and OP'., eis, oineyi Marine Corps must be filled from the final graduates o f june10 ' 1893 - the Line and Marine Corps at Annapolis; so also as to vacancies in the Engineer Corps. Vacancies in the Line and Marine Corps can not be filled from the Engineer Corps division, vice versa. Honorably discharged sailors to be preferred for appointment ^^st&t., 8 . to civil offices. " Persons honorably discharged from thesis, Wier, May military or naval service by reason of disability resulting 24 ' 1889 from wounds or sickness incurred in the line of duty, shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices." Duty of those making appointments to give their preference. By the section cited it is made the duty of those making appointments to civil offices to give a preference, other things being equal, to the class of persons named in that section ; but the matter of capacity and personal fitness for the place is for the determination of the appointing power. Appointment of cadets. A cadet, nominated to the Naval 2iA.G.qp.,342, T ,. r. -..- , /?J.T Harmon, May 7, Academy upon the recommendation of a Member of thei896 ; ioA.G.6p., House of Eepresentatives who, since the recommenda- JJ^gud. ^el! 1 '' tion and nomination, has been unseated by contest of election, can not be lawfully deprived of his place if he passes his examination. (a) Notification of vacancy. The Secretary of the Navy is g ^ 4 Eev - stat -- not to revoke such a nomination and notify the newly s ' seated Member that a vacancy occurs. He has no right to call for a new recommendation, except under the sec- tion cited, when the candidate fails to pass his examina- tion. 458 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. b (& act uh- d 26 d W Recommendation for appointment. The notice provided i894 ac (2 supp-l fr> r by section 1514, cited, as amended, was intended to Stat '' be S iven to tue Member of Congress actually sitting, and the recommendation provided by said section was intended to be- made by such Member, and action duly taken thereon should not be affected by any subsequent event, except the failure of the nominee to pass his exam- ination. .op., ^ Rig^ of Members of Congress. Until a decision is made which unseats them Members of Congress whose seats are contested are considered to be in all respects endowed with the same rights, powers, and privileges as other Members. ch^i86 M 2 r i' 2 A 18 (f' R ecommen dations for appointment. The proviso to the op., 164, oWi naval appropriation act cited, permitting and authoriz- Apr. 24, 1895. j n g every Representative or Delegate in Congress " whose district or Territory is not now represented at the Naval Academy" to make recommendation on or before March 4, 1895, of a candidate for appointment as a cadet at the Naval Academy of the United States, was intended to ap- ply to Members of the then existing Fifty-third Congress. IM^TM?**'' 88 ' ^ ^ e valid, it was essential that a recommendation should be made before 12 o'clock noon of March 4, 1895; and, in consequence, these recommendations considered in the opinion are held to be ineffective to deprive the successors in office of the signers of the recommendations of the general privileges granted to them by the sections cited. i886 C ch A 849^' ^Armament, naval vessels. The words u exclusive of arma- A.G.Op.,23^. ment," as used in the first section of the act cited, are not to be understood as excluding the offensive anna meut, such as guns, torpedoes, etc., only; the term " ar- mament" comprehending, besides those articles, such shields and protections as are directly and necessarily connected with the efficient and safe working thereof. n^T^G^' ' A>rrears ' officers *& ^ naval officer in the service of the 420,593. ' Government is not deprived of his right to the rations allowed by law, or the amount of money for which they maybe commuted, although he is in arrears to the United States. le^Arlclesfor A>rrest ' two mav ke made in an emergency, Upon considera- the Government tion of the articles and statute cited for the government % ?9 a Z' o! pf the Navy : Held, That there may be two arrests in an op., 472, Miiier, emergency, or upon discovery of the alleged wrongdoing, with a view to a preliminary examination, and, if neces- sary, the formulation and specification of charges. (a) Arrest for trial. Held, further. That article 43 in the provision declaring that "the person accused shall be furnished with a true copy of the charges, with the spec- ifications, at the time he is put under arrest," has ref- erence to the arrest for trial, and not the arrest in the first instance. iG^T^ifog'art' Articles for the Government of the Navy. Congress has con- 2 sawyer, age'; stitutional power to provide for punishment of offenses wanness 17 ' (See* in ^ ne naval service by courts-martial without indictment 'Courts-martiaL') Or jury trial. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 459 Charges preferred by others than the Secretary. The restric- Art, 43 ; 4 A. G. tioiis of the article cited apply only to cases of charges Op- ' 410< preferred by others than the Secretary of the Navy. Commissioned officers. " Commissioned officers" here in- Art. 39 ; 10 A. elude volunteer naval officers appointed under the act j^fe ^Q{ act cited. (a] Noncombatants qualified to serve on courts-martial. () winthrop's Chaplains, surgeons, paymasters, and other noncombat- JJgg Law - vol< !> ant officers, being commissioned officers with fixed rank, are qualified to act as members of a court-martial. (6) Irregularity of court-martial. A sentence of dismissal, (fr)7A. G.op., imposed by an irregular court-martial, when appro ved and carried into effect, is a consummated fact, whether legal or not, and the officer convicted can only be restored to the service by appointment. Even if the court had no authority to exclude him under the circumstances, the irregularity could not be taken advantage of after its action is approved. (c) False imprisonment, action for. When the court-martial H JJJ Dyne8 v - having jurisdiction over f the subject-matter finds a sea- 65?83 er ' 2 '**' man charged with desertion guilty of attempting to de- sert, an action of trespass for false imprisonment will not lie against the ministerial officer who executes its sen- tence. It is only where the court has no jurisdiction of the subject-matter, or, having jurisdiction, violates some rules adopted by law for its proceedings, whereby they are rendered cor am non judice, that such an action will lie. (d) Depositions objectionable. Naval courts-martial are not (A) 2 A. G. op., empowered to dispense with the attendance of witnesses 343- and receive depositions if the officer who preferred the charges objects. Corrupting a marine guard. The offense of corrupting a Art.5 ; ioA.G. marine guard by bribery may be punished by imprison- i^'so 158 ' rnent in the penitentiary of the District of Columbia, at hard labor, for a term of years, that punishment not being against the usages of the service. Courts-martial. Civil engineers in the Navy are subject to 15 A. G. o p ., the jurisdiction of naval courts-martial. 165 - (a) Secretary may reconvene. The Secretary of the Navy, after a naval court martial has returned its proceedings s.,i67 to him and he has adjourned it until further orders, may reconvene it to consider its proceedings. Damages for personal ill usage to captured crew. A prize L A e i t- court may award damages for personal ill usage when 315. y captors willfully injure a captured crew. Desertion, relief from. Provision was made by the statute L.^442, cL cited for the relief of certain appointed or enlisted men of the Navy and Marine Corps, who served in the late war, from the charge of desertion. Discretionary power. "Whenever a statute gives a discre- T *** ?*! , . J L j i i J., in Martin v. tionary power to any person to be exercised by him upon Mott, 12 Wheat, his own opinion of certain facts, it is a sound rule of con- 31 - struction that the statute constitutes him the sole and exclusive judge of the existence of those facts." (a) Obedience to duty. " Every public officer is presumed to <) id. act in obedience to his duty, until the contrary is shown." 460 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 23 (6 i8ob ct 2 f stat' L.', 45,' art, \\ ? How D 89 8 > ( 603 2 IT, 1862, Oofihr 4 i $ B&Sk 1 cis'. R., 5oi;' g. ging; 17 stat. L., 261, word "cor- poral" stricken from art. 45. Punishment of refractory seamen. The statute cited pro - vides that a refractory seaman, if a private, may "be put * n i rons ? or flgg e( l, at the discretion of the captain, not exceeding twelve lashes; but if the offense requires severer punishment, he shall be tried by a court-martial, and suffer such punishment as said court shall inflict." Every successive disobedience of orders was a new offense, subjecting the offender to twelve additional lashes, at the discretion of the commanding officer; his judgment was conclusive as to whether or not the offense required a severer punishment ; and he could not only cause corporal punishment to be inflicted, but might resort to any rea- sonable measures necessary to insure obedience, and even imprison the refractory party on shore, if he did so with- out any malice. Flogging. The later statute cited says that "in no case shall punishment by flogging be inflicted, nor shall any court-martial adjudge punishment by flogging." abolishing not penal. In the case cited it was held that the act of 1850, abolishing flogging in the Navy and in vessels of commerce, was not a penal statute on which an indictment could be founded. wikes, 12 HOW. ' ee Mont rv, 18 HOW., the r uie W i b aTd man" wiiS's followed. ' Rev stat, 8 s 1420; 21 stat a L d P. 3, ch. 5. 16 AG 578 6 A ' G ' Op ' (^) ^ etainin ff a marine after expiration of enlistment. Under the act of March 2, 1837, authorizing the commander of a squadron to detain a marine, if in his opinion public interest required it, after the term of his enlistment had expired, the commander's opinion on the question of pub- lic illterest was conclusive, and if the marine did not conform thereto, he was subject to punishment. The commander was also the judge of the degree of severity of punishment necessary to suppress disobedience and insubordination, and he was not liable to an action for mere error in judgment, even though the jury were of the opinion that milder measures would have accomplished the object. But he was bound to exercise his best judg- ment and to act conscientiously and without malice. ( e ) E*M*ti*ff deserters, minor s, etc. The statute cited amends sections 1418, 1419, and 1420 of the Eevised Statutes by striking out the word "fifteen" and substituting the word "fourteen." The original statute limiting the age to " six- teen" was amended by act of May 12, 1879, cited, to "fif- teen," and then as above. Both statutes cited adds the words "punished as a court-martial may direct." (f) Jurisdiction of courts-martial. This does not confer upon a court-martial general criminal jurisdiction, but only jurisdiction over those offenses not specified in the preceding articles, which are injurious to the order and discipline of the Navy. Under this article a naval general court-martial can take jurisdiction of an assault committed on board a naval vessel when she was under way in the Thames Eiver, opposite New London, Conn., by a coal heaver in the naval service upon a second-class fireman in such serv- ice, from the effect of which the latter died, and try the accused upon a charge of manslaughter. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 461 (g) Loss of pay by reason of confinement or suspension. to) Art. 33? 15 Officers and men in the naval service do not incur any A< G ' Op ' 175< forfeiture or loss of pay by confinement or suspension from duty under sentence of a court-martial unless it is so specified in the sentence. (h) Remission of part of sentence. A part of such sentence w id. may be remitted in whole or in part by the proper officer. (*') Officers, meaning of. "Officers" in the article cited (*) Art.se. (See means, at most, warrant and commissioned officers. statStes, n pY*4i6i note on s. 1413); 15 A. G. Op., 634. (j) Petty officers. Petty officers are included in article 30- (ft Art. so. (A;) Acting gunners. Articles 36 and 37 do not apply to act- WISA.G.OP., ing gunners, who are not officers and are liable to dismissal 6 at the will of the Secretary of the Navy. (1) Cadets at Naval Academy. The article cited does not (j) Ar *- 36 ; 15 extend to cadets at the Naval Academy, who may be dis- missed from the Academy and the service without trial by court-martial. (m) Power of the President to dismiss prior to passage of arti- (m) ie A. G. cle 36. Prior to its passage the President might dismiss Op '' 315 ' an officer of the Navy upon any cause which seemed suf- ficient to him. (n) Engineer cadet. A naval cadet engineer is an officer .() u. s. v. Per- within this section. SsfisA. cbbfc 165. (o) Oath administered to court and judge-advocate. Where, A ^"o?' fJi 13 at the organization of a naval court-martial, each member of the court was first sworn by the judge- advocate, who was then sworn by the president of the court, the fact that the oath was not administered as required by this article was held not to invalidate the proceedings. (p) Pay of an officer dismissed and restored. A naval officer JT > 116 u * s " trial as here provided. This authorizes payment only from the time a promoted officer takes rank in the higher grade. (q) Demanding trial. The demand of a trial as often as once (?) is A. G. in six months is not excused by illness. Op> ' 569> (r) Petty officers included in article cited. A ' 19 court-martial before it can be carried into effect, he may direct a reconsideration of the judgment rendered. (u) Acting master's mates, sentence affecting. An acting mas- (u) A. G. op., ter's mate is neither a commissioned nor a warrant officer 251> under this article, and a sentence dismissing him from the service may be lawfully carried into execution with- out the approval of the President or the Secretary of 462 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. the Navy. If the latter approve it, the President has no power after it has been carried into execution to set aside the Secretary's order and restore the party to the service. < r > A - G - P-' (v) Approval of sentence by the Secretary under act of 1852. Under the article of war in force in 1852 the Secretary of the Navy has power to approve the sentence of a court-martial convened by his orders if such sentence did not extend to the loss of life or to the dismissal of a commissioned or warrant officer. les^E^'^teW Regulations established by the Secretary have force of Re], 100 p TT. r s! law. The regulations established by the Secretary of the ^ av y> with the President's approval, have the force of law, and the regularly appointed clerk of a paymaster in the Navy is a person in the naval service and subject to this section. (x) Art, 50; A. (x) Revise sentence. If a general court-martial, on being or- dered to reassemble by the Secretary of War for the pur- pose of revising its sentence, is not attended by all its members, its jurisdiction to revise such sentence exists. 4787 eV 4788 at< 479o 'Artificial limbs. The amendment cited having provided amended by act that soldiers and seamen wounded in the rebellion, who JJf'e.NS? *aj had been entitled to receive artificial limbs every five Miner, May 4,' years, shall now receive the same every three years, and a question having arisen as to whether sections 4788 and 4790, cited, providing for a money commutation in place of said limb stood in the same relation to the amended section, 4787, as to the original section and whether now such money commutation can be had every three years, it is decided that it can be had. i? ( i87o A< 2o A U <^ ( a ) Period from which the three years run. The word op., 83. ; " thereafter," now appearing in section 4787, cited, refers not to July 17, 1870, but to the time when the artificial limb shall have been furnished after that date; conse- quently the periods of three years run from the time when such limb was furnished, and not from July 17, 1870. i8&j ct staY a L 2 3> Assistant Secretary of the Navy. The statute cited repeals p . 25^. the provision of August 5, 1882, authorizing the appoint- ment of an Assistant Secretary of the Navy. A new act of July 11, 1890, chapter 667, page 254, authorizes the President, with the advice and consent of the Senate, to appoint from civil life an Assistant Secretary of the Navy, at a salary of $4,500. ^ ances covere ^ ^o *^ e Treasury, The statute cited pro- vides that all balances of moneys appropriated for the pay of the Navy or pay of the Marine Corps for any year existing after the accounts for said year shall have been settled shall be covered into the Treasury. 21 A. G. op. , Bids, withdrawal of. After a bid for the construction of , 'i895. ey '(Thi8 public works has been accepted the bidders have not conflict wSth n 2o ^ nc r ^ n t t withdraw their proposal merely because of a op., lc i, W distin- mistake on their part which was not mutual and which was clue to tne j r negligence. 29i 2 293 a 478 L '' pp ' Board > Naval Advisory, authorization for. FEDERAL COURT DECISIONS - OPINIONS ATTORNEY-GENERALS. 463 Bond of disbursing officer. The Secretary of the Navy has 10 ev - ?tat., s. - looo ; T T I-IA /^t looo ; ly .A^.ljr.Op., power under the section cited to approve a pay officer's 175, Aug. 2, ms, bond in which the sureties are corporations, or a corpora- i^'^* 1 ^ 8 ' act ' tion joined with a natural person, if he deems such sure- ties sufficient. Books and records of bureaus, custody of. A part of section 42 ^ e ^ t U*- 3 J- 8 of the cited act was omitted from the revision as con-is^^icoml'D.', ferring powers exhausted by their first exercise. Boys, enlisting same, age limit, etc. In the section cited, 14 J| ev { com''D 8 ' and in sections 1419, 1420 (21 Stat. L., chapter 5), as 695. ' amended by 21 Stat. L., 331, chapter 73, changes " six- teen" to u fourteen." (a) Marine Corps, part of the Navy. Marine Corps is a part of the Navy, not of the Army, and that minors overu. s eighteen years may be enlisted therein without the con- Yi sent of parents or guardians was upheld by the ' J ard,89 ; Ee Hayes, COlirtS. 15Eep.,259; Ee McNulty, 2 Low- ell, 270 ; U. S. v. Stewart, Crabbe, 265; Ee Gregg, ; Re 15 Wis., 479; , 3 M ;Ee Webb' Shugru, 3 Mack- ey, 323 ;Ee Webb' 24 Howard, Pr" (KT.), 3247; R Collins,25id.,157* (b) Parents' consent. The parents' consent might be given i&) Act of Jan- after enlistment. (c) Allowed a ration. Boys attached to any United States tofe stat. L'., vessel or station and doing duty thereon shall be allowed ijy.. 80 * Jan> 30 ' a ration, or commutation thereof in money, etc. Buildings rented. The statute cited requires heads of Depart- 22 st -. 552 - ments to submit to Congress each year a statement of the number of buildings rented by their respective depart- ments, the purposes for which rented, and the annual rental of each. Bureau officers, assistant chief. A naval officer assigned to 17 f\^ 9 . S J* g- duty as an assistant to the chief of a bureau in the Navy op.', 503', Miiieri Department is not authorized by the first section, cited, in Mar - 5) 189 - case of the death, resignation, absence, or sickness of the latter (where the President has not otherwise directed, as provided by section 179, cited), to perform the duties of such chief until his successor is appointed or until his sickness or absence shall cease. The phrase " assistant or deputy of such chief," etc., in section 178, is to be construed as including an assist- ant or deputy only whose appointment is specifically pro- vided for by statute. Cadets, age of, maximum and minimum. That after the supplement, fourth day of March, eighteen hundred and eighty-nine, stats, i,' m'.) (2 the minimum age of admission of cadets to the Academy shall be fifteen years and the maximum age twenty years. (March 3, 1889.) Cadets, at the Naval Academy have neither warrants nor 14 ^ e ^ 5 stat -' 8 - commissions, and are not "officers" in the usual Federal 501^5 ;Gramb?8 legislative sense, as, for example, as it is employed in sec- p v as ^ 23 Ct Cls - tion 1410, Eevised Statutes. 464 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. (a) 23 stat,, L., (#) Entitled to a ration, etc. Naval cadets attached to any United States vessel or station and doing duty thereon shall be allowed a ration or commntation thereof, etc. 22 stat.L., 285; Cadet engineers. The cadet engineers in the Navy (gradn- S* Mif is'! 8 ?! ates of the class of 1881 and 1882), who were discharged Sfc 3 3 3 i5 rland ' un( ler a misconstruction of the act of August 5, 1882, chapter 391, not having been legally removed, are still the lawful incumbents of their respective offices, and should be recognized as in the immediate line of promo- tion, in their proper order, to nil the vacancies that may occur in the office of assistant engineers. (a) Leopold v. (a) Not retroactive. The court held in the case cited that u^s.,i8i si8.R., ne S a u ^ e c ited "is prospective and not retroactive/' (6) Rev. stat., (b) Appointed annually. The act of June 22, 1874, repeals so L.jS?/ act fine m ich of this provision as provides that cadet engineers, 22,' mi, ch.392. not to exceed fifty in number, shall be appointed by the Secretary of the Navy, and provides, repealinginconsistent acts, that u cadet engineers shall hereafter be appointed annually by the Secretary of the Navy, and the number appointed each year shall not exceed twenty- five." (c) Rev. stat., (c) Length of course. The section of the Revised Statutes L.fnfac^reb^l,' cited reads : u The course of the cadet engineers shall be 1874, ch. 35, s. 2. ' four years, including two years of service on naval steam- ers." The act of February 24, 1874, cited, enlarges the course of instruction. It requires that the course shall be four years instead of two. 286 d ch 2 39i^ t Red 1 (fy ^ ere not maae naval cadets. Cadet engineers who fin- gra'vev. u.' s.^o ished their four years' course, passed their examination, Leopold ?"tr 22 | ; anc ^ 1>e ceived their diplomas before the statute of 1882, is, id., 546.' chapter 391, was enacted, were not made naval cadets by that act, and were entitled to the pay provided by this section. men' Cadet midshipmen, number of. The last statute cited strikes 20 stat. L., p. 143^ out " annually " in last line and adds the provision u that there shall not be at any time more in said Academy appointed at large than ten ; but the provisions of th?.s section shall not be construed to apply to cadet midship- men appointed at large now in said Academy." s ( ife| te M%& ( a ) Change of title of. The act of August 5, 1882, the latter L., 285.' citation under "a," changes the title of cadets from " cadet midshipmen" to " naval cadets." F 1 L " (&) P*y of. By statute of March 3, 1877, chapter 111, cadet midshipmen, when, during their course of instruction, they are at sea in other than practice ships, each receive as annual pay not exceeding $950. i87i 8 sut."L*; Cna P lains > relative rank of, as fixed by act of March 3, 1871, 536; 'i com. D!', chapter 117, but which accounts for only 18 in number, does not necessarily fix the limit at that. This does not seem to be the intention of the act. 42? act S juiy 5,' Cniefe of bureaus. The cited statutes are treated in the case 1862 ; act Mar. s^ ci ted so that the Presiden t may make a given appointment whitney^ne u! either from the class indicated by the act of 1862 or from 235 17 seeactj'ui'' ^^ indicated by the act of 1871, as he judges best. 18,1814. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 465 (a) Tenure of office as such. The chief of a bureau in the () Rev. stat., s. Navy Department can not lawfully hold over after the 648, ; Bre4' 8 te'r?fe expiration of the term for which he was appointed. s. '. Eckfordx The general rule is that where Congress has not author- low.? 250) r8 seJ ized the officer to hold over his incumbency must be jgj * 4 P- 262 deemed to cease at the end of his term, though no ap- pointment of a successor may then be made. (b) To Jill vacancy. The term of office of the chief of a <&) w A. G. bureau appointed to fill a vacancy, whose commission was PM 657> limited to the end of the next session of the Senate, and who at the next session (extra) was nominated by the President for the term of four years and was confirmed at the ensuing session of the Senate, begins with his con- firmation, notwithstanding language to the contrary in the nomination and confirmation. Chief engineers, grades, promotions. The relative rank among Rev. stat., as. the chief engineers changes with their seniority in that UTS! u$ lSo\ grade, but such change may be indicated by a notification jJmer G 'Sar 3 i8 from the Secretary of the Navy. No examination or ap- i892. er ' pointment or confirmation by the Secretary is necessary. Chinese, The laws now in force in regard to Chinese immi- gration are as follows : E. S., 2158-2163, prohibit the "cooly" trade by citi- re S ew t f ^JJ zens of the United States or in vessels of the United neaVTmnUgra- States, but citizens and vessels are permitted to engage tion- in the voluntary emigration of Chinese. By 1875, March 3, ch. 141 (1 Supp. E. S., 86), the im- certain acta portation of Chinese and others for immoral purposes 8 * 1 was forbidden, the punishment for engaging in the "cooly" trade was made more severe, contracts for ser- vice in the United States were declared void, and the importation of women for prostitution was made a crime. These provisions of law do not appear to have been repealed or superseded by subsequent legislation in regard to Chinese immigration. The act of 1882, March 6, ch. 126 (1 Supp. E. S., 342), ce S e fi n c ^ t fi e c 8 at ^ s n suspended the coming of Chinese laborers for ten years, ports, etc! 8 ' 1 and provided in accordance with the stipulations of the treaty of 1880, November 17 (22 Stat. L., 826), for the issuance of identification certificates to enable laborers already in the United States to go and return and for passports to other Chinese, not laborers, desiring to visit the United States. The provisions of the act of 1882 were made more defi- ?T?882 M f nite and strict by the act of 1884, July 2, ch. 220 (1 Supp. E. S., 458). This includes a number of important amend- ments. The act of 1882, as amended by the act of 1884, is printed in 112 U. S., 543, and 118 U. S., 627, where it appears as an appendix to the opinions of the Supreme Court. The next legislation as to Chinese immigration was the Act of 1888 - act of 1888, Sept. 13, ch. 1015 (25 Stat. L., 476). Its first section provided that from the date of the exchange of the ratifications of the pending treaty between the United States and China, signed on March 12, 1888, it should be 376 30 466 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. / Special provi- sion. Decisions. Decisions re- lating to Chinese immigration. Prior to 1888. Supreme Court. Reentry. Chinese enti- tled to protec- tion. ' Effect of losing certificate or identity. " Other Federal courts. Certificates is- sued by Chinese Government. unlawful for any Chinese person to enter the United States " except as hereinafter provided." The fifteenth section of the act repealed the acts of 1882 and 1884, the repeal "to take effect upon the ratification of the pending treaty as provided in section one of this act.' 7 Before the ratifications of this treaty were exchanged the act of 1888, Oct. 1, ch. 1064 (1 Supp. E. S., 625), was passed, making void the certificates of identity already issued under the acts of 1882 and 1884. The ratifications of the treaty were never thereafter exchanged. The act of 1888, Sept. 13, ch. 1015, was omitted from 1 Supp. E. S., but is inserted in second edition, p. 141. See note there, showing the various opinions upon the ques- tion whether any part of the act of 1888, Sept. 13, ch. 1015, went into effect. A special provision for the admission of Chinese persons in connection with the World's Columbian Exposition was made in joint resolution of 1892, August 5, No. 33 (27 Stat. L., 402). Numerous decisions have been made by the Federal courts upon the Chinese immigration acts. These deci- sions, so far as reported in the United States Eeports and the Federal Eeporter, are as follows : Cheic Heong v. United States, 112 U. S., 536. Section 4 of the act of 1882, May 6, as amended by 1884, July 5, requiring a certificate of identification of a Chinese laborer as the " only evidence permissible to establish his right of reentry," does not apply to those residing here at the date of the treaty of Nov.' 17, 1880, who left before May 6, 1882, and remained until after July 5, 1884. Yick Wo v. Hopkins, 118 U. S., 356. A municipal ordi- nance is unconstitutional if it makes arbitrary discrimi- nations founded on differences of race. Chinese subjects residing in the United States are entitled to the protec- tion of the Constitution and laws. This case explains Barbier v. Connolly , 113 U. S., 27, and Soon Hing v. Croic- ley, 113 U. S., 703, which held other municipal regulations to be valid. ( See also In re Quang Woo, 13 Fed. Eep., 229. ) United States v. Jung Ah Lung, 124 U. S., 621. A Chi- nese laborer, who had received a certificate of identity under the act of May 6, 1882, left the country, Oct. 24, 1882. He lost the certificate, and on arriving in Sept., 1885, was detained in port by direction of the customs authori- ties. On a writ of habeas corpus, his identity was estab- lished and he was discharged from custody by the district court. The Supreme Court held that his case was to be governed by the act of 1882, and not by the act of 1884. The judgment of the circuit court, affirming the district court (25 Fed. Eep., 141), was affirmed. In re Ah Sing, 13 Fed. Eep., 286; In re Ah Tie, 13 Fed. Eep., 291 (Cir. C., Cal.). A Chinese laborer employed on an American vessel, even if during a voyage temporarily off the vessel in a foreign port, is not excluded by the act of 1882. (14 Fed. Eep., 44.) In re Low Yam Choic, 13 Fed. Eep., 605 (Cir. C., Cal.). The certificate to be issued by the Chinese Government, FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 467 required by the act of 1892, does not apply to Chinese merchants resident in other countries than China. In re George Moncan, 14 Fed. Rep., 44 (Cir. C., Greg.). Chinese sailors. This case holds that a sailor is not a laborer within the meaning of 1, act of May 6, 1882; that the act does not apply to Chinese sailors on a vessel touching at a port in the United States when she calls for orders or for cargo for foreign port, but their presence in the country is un- lawful if they leave the vessel in port or do not depart with her; and that a Chinese person on an American vessel prior to May 6, 1882, was then within the United States. (13 Fed. Sep., 286, 291; 36 Fed. Rep., 440, 441.) In re Ho King, 14 Fed. Rep., 724 (Dist. 0., Oreg.). A Chinese actor Chinese actor or theatrical performer is not a laborer. not a laborer - The certificate provided in 6 of the act of 1882 is not the only competent evidence that a Chinese person is not a laborer. United States v. Douglas, 17 Fed. Rep., 634 (Cir. C., r ^ n n ese mi - Mass.). The act of 1882 does not include, under the ^Decisions of term Chinese laborers, Chinese subjects of Great Britain. Federal courts - (See contra, 18 Fed. Rep., 28.) In re Ah Lung, 18 Fed. Rep., 28 (Cir. C., Cal.). A Chi- 8U c b %f British nese laborer, a subject of Great Britain, is excluded under 8U Jec the act of 1882. (See contra, 17 Fed. Rep., 634.) In re Chin A On, 18 Fed. Rep., 506 (Dist. C., Cal.). A when not ex- Chinese laborer who resided in the United States on Nov. 17, 1880, but went to China prior to May 6, 1882, is not excluded by the act of that date. (See 112 U. S. } 536 ; 19 Fed. Rep., 184, 490.) In re Pong Ah Ghee, 18 Fed. Rep., 527 (Dist. C., Cal.). A Chinese laborer who left the United States after May 6, 1882, without procuring a certificate, is excluded. (19 Fed. Rep., 490; 21 Fed. Rep., 386; 23 Fed. Rep., 441.) In re Tung Yeong, 19 Fed. Rep., 184 (Dist. C., Oal^- Chinese laborers in the United States at the date of the proper proof. treaty of 1880, who departed before the act of May 6, 1882, may land without a certificate on proper proof. (See 112 U. S., 536; 18 Fed. Rep., 506; 19 Fed. Rep., 490.) In re Leong YicTc Dew, 19 Fed. Rep., 490 (Cir. C., Cal.). Chinese laborers who left the country after May 6, 1882, ficate required by can not be readmitted upon any other evidence of prior act residence, excepting the certificate required by the act. (18 Fed. Rep., 52.) Those who left before May 6, 1882, may return upon proof of prior residence by competent evidence. (112 U. S., 536; 18 Fed. Rep., 506; 19 Fed. Rep., 184.) In re Ah Quan, 21 Fed. Rep., 182 (Cir. C., Cal.). Chi- m ^S^^ nese laborers in the United States on Nov. 17, 1880, may described. return on satisfactory evidence of prior residence, even under the amendment of 1884 (112 U. S., 536). The cer- tificate admits only the person described. (21 Fed. Rep., 785; 42 Fed. Rep., 398; 48 Fed. Rep., 668.) In re Shong Toon, 21 Fed. Rep., 386 (Dist. C., Cal.). ^ ho ma y re - Chinese laborers who left the United States after May 60 6, 1882, and before July 5, 1884, can not reenter without certificate. (18 Fed. Rep., 527 : 19 Fed. Rep., 490 ; 23 Fed, 468 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. A Chinese taken from a ves- sel on habeas corpus. Tag not suffi- cient. Husband's cer- tificate does not admit wife. Tag. Certificate the only permissible evidence. Can not be ad- ritted to bail. Chinese born in U. S. not ex- cluded. Chinese sailors. Chinese mer chants returning from temporary absence not ex- cluded. Excluded fcr want of certifi- cate. Detention of Chinese person on a ship. In re Chin Ah Sooey, 21 Fed. Eep., 393 (Dist. 0., Cal.). A Chinese person taken from a vessel on habeas corpus, and found to be unlawfully within the United States after the vessel has sailed from which he was taken, may be ordered to be removed to the country whence he came. (21 Fed. Eep., 701.) In re Ah Kee, 21 Fed. Eep., 701 (Oir. C., Cal.). A Chi- nese laborer who received from the custom-house officer a tag entitling him to a certificate, but not the certificate itself, can not return. (21 Fed. Eep., 789.) If the vessel has sailed in which he came, he can be removed to China, the expense to be charged to the owners of the steamer in which he came. (21 Fed. Eep., 393; 25 Fed. Eep., 97.) In re Ah Hoy, 21 Fed. Eep., 785 (Cir. C., Cal.). The wife of a Chinese laborer is not entitled to enter the United States upon her husband's certificate. (21 Fed. Eep., 182; 42 Fed. Eep., 398; 48 Fed. Eep., 668.) In re Kew Ock, 21 Fed. Eep., 789 (Cir. C., Cal.). A Chinese laborer, who received a tag entitling him to a certificate, but limited in time, and who gave up the tag after its limit, but received no certificate, can not return. (21 Fed. Eep., 701.) In re Gheen Heong, 21 Fed. Eep., 791 (Cir. C., Cal.). A Chinese labourer resided in the United States on Nov. 17, 1880, left for Honolulu in 1881, and returned in Sept., 1884, to the United States without a certificate. Held by Field, J., that he could not return and that the act of 1884 made the certificate the only permissible evidence. Sawyer, Cir. J., and two district judges who sat as con- sulting judges, dissented. (112 U. S., 536.) In re Ah Hoy, 21 Fed. Eep., 808 (Cir. C., Cal.). A Chi- nese person, after hearing on habeas corpus, who is re- manded to the marshal to be deported, can not be admitted to bail, the vessel having departed. Opinion by Field, J. Sawyer, Cir. J., and two district judges who sat as con- sulting judges, dissented. In re Look Tin Sing, 21 Fed. Eep., 905 (Cir. C., Cal.). A Chinese person born in the United States is a citizen of the United States and is not excluded by law. (35 Fed. Eep., 354; 36 Fed. Eep., 437, 553; 49 Fed. Eep., 140.) In re Ah Kee, 22 Fed. Eep., 519 (Dist. C., S. D., N. Y.). The exclusion acts do not apply to Chinese sailors, who land temporarily for the purpose of procuring a chance to ship in another vessel. (14 Fed. Eep., 44.) In re Ah Ping, 23 Fed. Eep., 329 (Cir. C., Cal.). 6 of the acts of 1882 and 1884 does not apply to a Chinese merchant residing in the United States returning from a temporary absence, which began before the passage of the act of 1884. (141 U. S., 47.) In re Tang Ah dice, 23 Fed. Eep., 441 (Dist. C., Cal.). A Chinese laborer who left the United States after May 6, 1882, and took no certificate, is not entitled to reenter. (18 Fed. Eep., 527; 19 Fed. Eep., 490; 21 Fed. Eep., 386.) In re Chow Goo Pooi, 25 Fed. Eep., 77 (Cir. C., Cal.). A Chinese person detained on a ship is entitled to have his detention passed upon by a writ of habeas corpus. He FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 469 may be remanded to the ship if he has no right to laud, but the ship can not be detained for the purpose. (21 Fed. Eep., 393, 701.) He is not entitled to a jury trial. If he has sailed, he may be remitted to the marshal to await the direction of the President. (21 Fed. Eep., 808.) In re Jung Ah Lung, 25 Fed. Eep., 141 (Dist. C., Cal.). u. s. court not A United States court can issue a habeas corpus to in- ISSJtS? by tt quire into the detention of Chinese on vessels by order of the court, and is not governed by the determination of the collector. (Affirmed, 124 IT. S., 621.) In re Impaneling and instructing the grand jury, 26 Fed. conspiracies to Eep., 749 (Dist. 0., Oreg.). A conspiracy or an agree- out ment to drive the Chinese out of the United States or to maltreat or intimidate them is indictable under E. S., 5336. (27 Fed. Eep., 187.) In re Baldwin, 27 Fed. Eep., 187. (Cir.C., Cal.) E. S., conspiracy. 5519 can not constitutionally embrace a conspiracy to deprive Chinese residents in a State of the immunities secured by treaty. (26 Fed. Eep., 749.) Ex parte Chin King, 35 Fed. Eep., 354 (Dist. C., Oreg.). A Chinese A child born in the United States of Chinese parents is a T^citX. 111 citizen of the United States and not affected by the exclu- sion laws. (21 Fed. Eep., 905; 36 Fed. Eep., 437, 553; 49 Fed. Eep., 146.) The Chinese Exclusion Case, Chae Chan Ping v. United Decisions sub- States, 130 U. S., 581. The act of 1888, Oct. 1, excluding "Tup rYnfe Chinese laborers, is constitutional. The certificates - of 1888 lg sued under the acts of 1882 and 1884 confer no rights constitutional, which could not be repealed by subsequent acts of Con- gress. (Affirming 36 Fed. Eep., 431.) Wan Shing v. United States, 140 U. S., 424. No Chi- Kigfct of Chi- nese laborer can land in the United States since the act of S. p< Oct. 1, 1888. The right of a Chinese person to land rests upon his establishing that he was not a laborer, and this must be by a certificate issued under 6 of the act of 1882, May 6, as amended by the act of 1884, July 5. In re Lau Ow Bew, 141 U. S., 583; 144 U. S., 47. A Merchants tem- Chinese merchant, resident for seventeen years in the StowSTtolaSS!* United States, was refused permission to land, although his status as a merchant was established, because he had not obtained the certificate of the Chinese Government required by the acts of 1882 and 1884. On application to the Supreme Court, the circuit court of appeals was di- rected to certify the case to the Supreme Court as a case of special importance. Upon consideration of the case on its merits (144 U. S., 47), it was decided that the acts of 1882 and 1884 did not apply to the admission of Chinese merchants into the United States who temporarily left the country and seek to return to their homes. In re Chae Chan Ping, 36 Fed. Eep., 431 (Cir. C., K. D., other Federal Cal.). The act of Oct. 1, 1888, excluding Chinese laborers, c Act 8 of issscon- is constitutional. The certificates issued under the acts of stitutionai. 1882 and 1884 are not contracts and their validity can be destroyed by subsequent acts. (Affirmed on appeal, 130 U. S., 581.) 470 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. A Chinese born in U. S. a citizen. Certain rights of travel. Departure from U.S. la a citizen if born in U. S. Merchant en- titled to bring wife on his cer- tificate. Stolen vessels not forfeited by landing Chinese. Indictment. Meaning of "the country from whence he came." Residence of Chinese person in British Colum- bia does not alter his status. Trial upon ap- peals. In re Yung Sing Hee, 36 Fed. Rep., 437 (Cir. 0., Oreg.). A person born in the United States of Chinese parents is a citizen of the United States and not within the exclusion acts. (21 Fed. Rep., 905 ; 35 Fed. Rep., 354 ; 36 Fed. Rep., 553; 49 Fed. Rep., 146.) In re Tong Wah Sick, 36 Fed. Rep., 440 (Cir. 0., N. D., Gal.). Chinese subjects who purchase through tickets and embark at an American port on an American vessel for another American port and who do not leave the vessel, although it touches at a foreign port, have not departed from the United States. (13 Fed. Rep., 286, 291; 14 Fed. Rep., 44; 36 Fed. Rep., 441.) In re Jack Sen, 36 Fed. Rep., 441 (Cir. 0., N, D., Gal.). A Chinese laborer who ships on an American vessel at an American port and does not land at any foreign port does not depart from the United States. (13 Fed. Rep., 286, 291; 14 Fed. Rep., 44; 36 Fed. Rep., 440.) In re Wy Shing, 36 Fed. Rep., 553 (Cir. 0., i> . D., Gal.). A person born in the United States of Chinese parents is a citizen of the United States and is not excluded by the act of Oct. 1, 1888. (21 Fed. Rep., 905 ; 35 Fed. Rep., 354 ; 36 Fed. Rep., 437; 14 Fed. Rep., 146.) In re Chung Toy Ho, 42 Fed. Rep., 398 (Cir. C., Oreg.). A Chinese merchant entitled to come into the United States by reason of a certificate issued under 6 of the act of 1884 can bring with him his wife and children. (21 Fed. Rep., 182, 785; 48 Fed. Rep., 668.) United States v. The George E. Wilton, 43 Fed. Rep., 606 (Dist. C., Wash.). A vessel bringing Chinese laborers into the United States in violation of law is not forfeited under the act of Oct. 1, 1888, and 10 of the act of 1884 if the vessel had been stolen from its owner and used with- out his knowledge or consent. United States y. Trumbull, 46 Fed. Rep., 755 (Dist. C., Wash.). In an indictment, under 11 of the act of 1882 it is necessary to allege that the Chinese persons were unlawfully brought into the United States. In re Leo Hem Bow, 47 Fed. Rep., 302 (Dist. C., Wash.). The provision for the removal of a Chinese person unlaw- fully in the United States to "the country from whence he came" does not mean to China, if he came from some other country, and a Chinaman coming from British Columbia is to be returned there. (47 Fed. Rep., 305, 433, 878; 49 Fed. Rep., 569.) United States v. Ah Toy, 47 Fed. Rep., 305 (Dist. C., Wash.). A Chinese laborer who had lived in the United States and returned to China, but after Oct. 1, 1888, re- turned to the United States via British Columbia, having spent one year in that country as a sojourner, should be returned to China. (47 Fed. Rep., 302, 433, 878; 49 Fed. Rep., 569.) United States v. Jim, 47 Fed. Rep., 431 (Dist. C., Wash.). Section 13 of the act of Sept. 13, 1888, is in force notwith- standing the provision of 1 of the same act. The opin- ion holds that the whole act is in force except the "par- ticular provisions of the first and fifteenth sections, which FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 471 are specially, by the provisions contained therein, made to depend for validity upon the contingency of the ratifica- tion, at a future time, of the pending treaty." (47 Fed. Rep., 433, 878 ; 48 Fed. Rep., 825; 50 Fed. Rep., 271; 55 Fed. Rep., 58. ) A trial de novo, upon appeal from the com- missioner, is permitted in a United States district court. In re Mali Wong Gee. 47 Fed. Rep., 433 (Dist. C., Vt). . c ^<* Section 13 of the act of Sept. 13, 1888, is in force, this 1 * 1 being a part of the law not dependent upon the ratification of the treaty. (47 Fed. Rep., 431, 878; 48 Fed. Rep., 825; 50 Fed. Rep., 271; 55 Fed. Rep., 58.) A Chinese person coming from Canada to the United States unlawfully is to be deported to Canada under the act of 1888. (47 Fed. Rep., 302, 305, 878; 49 Fed. Rep., 569.) In re Lau Oic Bew, 47 Fed. Rep., 578 (Cir. C., N. D., Chinese mer- Cal.) ; 47 Fed. Rep., 641 (Cir. C. App., 9th Cir.). A Chi- SSSS7 uese merchant returning to this country after a temporary absence must have the certificate required by 6 of the act of 1884. (Reversed by Supreme Court, 144 U. S., 47.) In re Tom Hun, 47 Fed. Rep., 722 (Dist. C., K D., Gal.). de c r e ior resi ' Upon consideration of the evidence of prior residence the petitioner is not permitted to land, it having been shown that another person of the same name had been landed upon proper identification as the former resident and the proof of the present applicant being unsatisfactory. (112 United 'states v. Chong Sam, 47 Fed. Rep., 878 (Dist. , Chinese coming C., E. D., Mich.). Sections 1, 2, 4, and 15 of the act of fr< Sept. 13, 1888, are not in force. Section 13 and other sec- tions are in force. (47 Fed. Rep., 431, 433; 48 Fed. Rep., 825; 50 Fed. Rep., 271; 55 Fed. Rep., 58.) A Chinaman coming from Canada must be returned to Canada. (47 Fed. Rep., 302, 305, 433; 49 Fed. Rep., 569.) In re Wo Tai Li, 48 Fed. Rep., 668 (Dist. C., N. D., ve8 of Cal.). The wife of a Chinese actor is not entitled to entry without the certificate provided by 6 of the act of 1884. (21 Fed. Rep., 182, 785; 42 Fed. Rep., 398.) United States v. Lee Hoy, 48 Fed. Rep., 825 .(Dist. C., m f rch c a h n i t ne8 1 f Wash. ). A Chinese merchant, who was permitted to land muted to"anefby by a collector, without the certificate required by 6 of acollector - the act of 1884, after a visit to Canada, upon personal knowledge of his identity or private information, is law- fully in the United States, as the commissioner has a right to decide questions in controversy, subject to review by the Secretary of the Treasury. (50 Fed. Rep., 271.) An appeal was entertained from the judgment of the com- missioner ordering his deportation. 12 and 13 of the act of Sept. 13, 1888, are held to be in force. (47 Fed. Rep., 431, 433, 878; 50 Fed. Rep., 271; 55 Fed. Rep., 58. Affirmed by circuit court of appeals on different grounds, 50 Fed. Rep., 271.) Gee Foolc Sing v. United States, 49 Fed. Rep., 146 (Cir. c ne P e er8 p a n ren t f C., App., 9th Cir.). A person of Chinese parentage, born ago bom m u. s. in the United States, is a citizen of the United States and a citizen - the right to entry can not be denied him. (21 Fed. Rep., 905; 35 Fed. Rep., 354; 36 Fed. Rep., 437, 553.) Upon 472 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Findings of fact of a com- missioner not reviewable upon habeas corpus. Decision of col- lector. Decisions sub- sequent to May 5, 1892. Supreme Court. Other Federal courts. Im prisonment of Chinese un- lawfully. Chinese mer- chants' rights. Act of May 5, Summary pro- ceedings. Certificate given by Chinese consul in Japan. the facts in this case the proof of native birth is not satis- factory. United States v. Don On, 49 Fed. Eep., 569, (Cir. C., N. D., N. Y.). A Chinese laborer coming into this country from Canada is to be returned to Canada. (47 Fed. Eep., 302, 305, 433, 878.) The findings of fact of a commis- sioner are not to be reviewed upon habeas corpus. (47 Fed. Eep., 431; 54 Fed. Eep., 334.) The petitioner was subsequently discharged because the marshal was pro- vided with no funds to pay the head tax charged by the Canadian Government. United States v. Gee Lee, alias Lee Hoy, 50 Fed. Eep. 271 (Cir. 0. App., 9th Cir., affirming 48 Fed. Eep., 825) Sec. 12 of the act of Sept. 13, 1888, making the decision of the collector final, subject to review by the Secretary of the Treasury, never went into effect. Sec. 13 of the same act is in force, because not within the purview of the lim- itation, upon the act going into effect, as defined by 1. (47 Fed. Eep., 431, 433, 878; 48 Fed. Eep., 825; 55 Fed. Eep., 58.) An appeal lies from a judgment under this section to the circuit court of appeals. Sec. 6 of the act of July 5, 1884, does not apply to Chinese merchants domiciled in the United States and temporarily absent. (144 U. S., 47.) In re Fong Tue Ting, 149 U. S. 698. The act of May 5, 1892, is within the constitutional power of Congress to regulate or forbid the residence of aliens within the United States. United States v. Wong Sing, 51 Fed. Eep., 79 (Dist. C., Wash.). The fourth section of the act of May 5, 1892, providing for the imprisonment of Chinnese persons unlawfully in the United States, does not render it neces- sary to proceed by indictment. (53 Fed. Eep., 233; 54 Fed. Eep., 334; 55 Fed. Eep., 58.) United States v. Chin Quong Look, 52 Fed. Eep., 203 (Dist. C., Wash.). A Chinese merchant who resided and did business in the United States, and retained his inter- est in the firm, can not be excluded, although he returned to China and remained over six years. (144 U. S., 47.) United States v. Hing Quong Chow, 53 Fed. Eep., 233 (Cir. C., E. D., La.). An indictment can not be brought against a Chinaman under the act of May 5, 1892, for being unlawfully in the United States. (51 Fed. Eep., 79: 54 Fed. Eep.*, 334; 55 Fed. Eep., 58.) In re Sing Lee, 54 Fed. Eep., 334 (Dist. C., W. D., Mich.). The provisions of the exclusion act of May 5, 1892, for summary proceedings are not a denial of due process of law or a violation of any common law rule of evidence or repugnant of the fourteenth amendment of the Consti- tution. The imprisonment provided is not a punishment, but a means of detention. (51 Fed. Eep., 79; 53 Fed. Rep., 233; 55 Fed. Eep., 58.) The findings of fact of the commissioner are not reviewable upon habeas corpus. (49 Fed. Eep., 431, 569.) United States v. Mock Chew, 54 Fed. Eep., 490, (Cir. C. App., 9th Cir.). A certificate of identification under sec- FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 473 tion 6 of the act of July 5, 1884, given by a Chinese consul in Japan and certified by the United States vice-consul- general, is not sufficient without proof of the consul's au- thority from the Chinese Government. United States v. Long Hop, 55 Fed. Eep., 58 (Dist. 0., S. , Act of 1888 in D., Ala.). The exclusion act of September 13, 1888, is all SSs S23 S" in force excepting sections 2-4 and 15. (47 Fed. Eep., 431, 433, 878; 48 Fed. Eep., 825; 50 Fed. Eep., 271.) Due process of law requires that the United States shall show the unlawful residence. (51 Fed. Eep., 79; 53 Fed. Eep., 233; 54 Fed. Eep., 58.) Citizenship of, commanders of vessels of the United States. The 1 wl7' & *' officers of vessels of the United States shall in all cases 28, i^64,ch. i? ' 40> tial, but must call upon the Department of Justice for an officer for the service. (a) .Employment of agents. Heads of Departments may em- ^w Q ploy agents when necessary. 33*6; u.s. daniel, 7 id., 1. See notes on U.S. Statutes (Gould and Tucker), p. 21. Civilian witnesses, court-martial. A naval court-martial, or ev. stat., 8 . judge-advocate thereof, has no power to compel a civilian the ; Navy, C 42%7 ; who is not subject to the articles for the government of Mmer G 'peb' 5 J' the Navy to appear and testify before such court. ISQO. r ' (a) Neither article 42 nor article 57 in the section first cited () Articles for gives the power to compel the attendance of civilian f e theNavyl e 42 witnesses. and57 - (&) The provisions of the section here cited apply to the (&> Rev. stat., military (i. e., army) courts only. Claim of participant in the rebellion. In 1860 E., a naval offi- . Rev. stat., a. cer, became entitled to a share in the proceeds of a cap- Mar! 2, 01 i867f is tured slaver, the amount of which was certified to the A ^ Treasury Department by the Secretary of the Navy, but isST remains unpaid. In 1861 E. resigned his commission and entered the Confederate service: Held, that by force of the statutes cited payment of such share can not now be made, notwithstanding the President's proclamation of amnesty of December 25, 1868, and that to authorize its payment an act of Congress is necessary. Clerks employed, report of. The act cited made the require- Rev. stat., s. ment contained in the section of reporting the names of 1342. ac1 iaig ' 26 ' all employees annually of the Secretary of the Navy. Clerks to admirals, etc. The later act cited provides that on and after July first, eighteen hundred and seventy-eight, gi- 01 .amending there shall be no appointments made from civil life of 155$, secretaries or clerks to the Admiral or Vice-Admiral, 474 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. when on sea service, commanders of squadrons, or of clerks to commanders of vessels ; and an officer not above the grade of lieutenant shall be detailed to perform the duties of secretary to the Admiral or Vice-Admiral when on sea service, and one not above the grade of master to perform the duty of clerk to a rear-admiral or commander, and not one above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant- commander when afloat: Provided, That the secretaries and clerks in service on July first, eighteen hundred and seventy-eight, on vessels abroad, shall continue as such until such vessel shall return to the United States on the termination of its cruise. Rev. stat., ss. Commissioning, displacing, and dismissing officers by the Presi- CKOp^44. ! 13 A< ^ en t- ^ ne i? no * an officer in the Army or Navy until the commission appointing him such has been signed by the President, although his nomination has been con- firmed by the Senate. (a) Keyesr.u. (a) Power to displace an officer. The President has power McE?ratii S 'i 3 u! to displace an officer, with the advice and consent of the s., 102 id.. 426 j Senate, by appointing another in his place. (b) 12 A. G. (b) President's power to dismiss. This statute was held by Stii "tr. s?, c ?o2 the Attorney-General (XII Opins. 4) not to be uncpn- u. s., 426; 12 c. stitutional, 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 con- stitutionality are believed to be: 1, that it authorizes the subjecting to military trial of a civilian ; 2, that in restor- ing an officer to the Army it substitutes the action of a court-martial for the appointing power of the President. (c) 16 A. G. (c) Filling vacancy confirms sentence of dismissal. If an ? p u.s., : i5c.cS! officer is sentenced to dismissal and the President fills R -' 41 - the vacancy by appointment or nomination, this operates as a confirmation of the sentence. ( Apr ' it was not competent for the Secretary of the Navy, under the existing contract, to pay. to the contractors any part of the last three installments of the price of the vessel or of reservations from previous payments prior to the preliminary or conditional acceptance of the vessel; but that a supplemental contract might be entered into, modi- fying the terms and provisions of the existing contract. (d) To furnish provisions. Contracts made by the United g ( ^ 1 Re T j* s s tat ;' Sta.tes, through the Secretary of the Navy, to furnish shaw/ici'iff.,31?'. provisions for the naval service can not be rescinded by the chief of the bureau having charge of such contracts and supplies without the sanction of the head of the Department. (e) Must come within the terms of law. A person who enters g ^g^Joufe into a contract with an officer of the Government must case, 15 c.'cL! look to the statute under which it is made and see thatg- 3 ^ 4 1 | 1 ^- 2 g- his contract comes within the terms of the law. 257';' Fi'oyd ac- ceptances, 7 Wall., 666, 680. (/) Conditioned on further appropriations. A contract 49 year are not exceeded. (i) Specific appropriations. If money has been appropri- ated for a specific object, the head of the Department 60 - 476 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. 0')Leavittv.u. F. R., 623. u ( *s s', IBS. charged with the expenditure of it may use so much as may be necessary with a view to the subsequent comple- tion of the work if Congress shall provide therefor ; but he can not bind the Government to pay any sum in excess of that appropriated. y ) Exception. Where an appropriation has been made for a cert - a j n p ur p ose , and a consul in a distant country is in- structed by the Department of State to make purchases thereunder, such purchases are legal though it turns out a year and a half afterwards, when the consul's bill is pre- sented, that the appropriation is exhausted. Absolute authority to act Where the authority to con- tract for a work in behalf of the United States depends wholly upon an appropriation made for the purpose, no officer thereof can create a liability therefor beyond the sum appropriated, and a contractor can not receive more than was appropriated, no matter what the extent of the work; but when an act authorizes a thing to be done ab- solutely, and makes an insufficient appropriation or none at all, it is different. ty u Authorized by laiv." A contract to have been author- ized by law must appear to have been made either in pur- suance of express authority given by statute or of author- ity necessarily inferrable from some duty imposed upon or from some power to the person assuming to contract on behalf of the Government. (m) Rev. stat., (w) Must be reduced to writing. Contracts to bind the United States must be actually reduced to writing and signed by the contracting parties, the signing of the pre- liinmary memoranda being insufficient. Solomon v. u. s v. U. S., 118 U., S. 42; ISCl.Cls.R., 165; Lindsay's Case, 4 C. Cls.R., 359; Jones's Case, 11C. Cls.R.. 733; Steelev. U.S., 19 C. Cls. R., 181. (n) Bnrchiei's case, 4 c, cis.R, (o) cobb v. u. 514, citing ciark sj^and oveYseel ing cobb & Co.'a case, 70. cis.R., (P) Dan old's case,4C. cis.R., to ( ?ney?Generai* August 19, 1892.' (n) Recovery in Court of Claims. The contract is only made void ag an executory one, and if the goods have been ac- tually received and used by the Government their value may be recovered in the Court of Claims. (o) Contracts made in an emergency. The provision requir- ing contracts made by the Departments named ( War and Navv ) in tne section cited to be in writing and signed applies to such as are made in an emergency without ad- yertising for proposals. (p) Extends to purchasing agents and officers. The statute cited extends not merely to purchasing agents, but to all officers in the War, Navy, and Interior Departments, in- cluding the secretaries themselves. (#) Advertisement for proposals and acceptance of proposal by the Navy Department not a contract. An advertise- ment for proposals, a proposal from a bidder and its acceptance by the Navy Department do not constitute a contract. The common law rule respecting an offering and its acceptanee being modified by section 3744 of the Revised Statutes, which requires that all contracts en- tered into by the Departments therein named shall be reduced to writing and signed by the contracting parties. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 477 The Supreme Court has held (Clark v. U. S., 95 U. S., 542, and S. B. Iron Co. v. U. S., 118 U. S., 38), that con- tracts contemplated by that section do not become valid until executed in accordance with its requirements. Construction of vessels, rights and duties of the United is A. G. op., p. States arising under contracts for. ju'ne G 3o r , la i885- Also see p. same case, 240, reaffirmed. (a) Authority to build without provision for plans. Where a ibid., p. 244. statute authorizes the building of vessels by the Navy Department, but makes no provision for procuring the necessary plans and specifications therefor, it is to be construed as impliedly authorizing the head of the De- partment to procure such plans and specifications in the mode and manner which he shall deem best. Cooperation of revenue cutters with the Navy, The revenue Rev. stat., as., cutters employed in carrying out the order issued byG.o'p., 505. 9 President Lincoln to the Secretary of the Treasury, dated June 14, 1863, were, while so employed, cooperating with the Navy by order of the President; and if any of the officers or seamen thereof, during such employment, were wounded or disabled in the discharge of their duty, they became entitled to be placed on the Navy pension list at the same rate of pension and under the same regu- lations and restrictions as are provided by law for the officers and seamen of the Navy. Costs of suits. The words u costs of suits " in the appropri- 1fl . ct , Ju 3 ^ .. ',111 j-i T i i * 1890. en. 640; 20 ation act cited relate to the ordinary taxed costs of suits A. G. op., 49, and not to fees of counsel. Accordingly the fee of the ^g 1 1 ler> 26> United States attorney for services in defending suits brought against certain naval officers for acts done by 'them in obedience to the orders of the Navy Department can not be paid out of that appropriation, but must be fixed by the Attorney-General and paid out of the appro- priations for the payment of such special compensation as may be fixed by the Attorney-General for services not covered by salaries or fees. Courts-martial. Courts-martial are lawful tribunals with like anditeg^iaSon^ jurisdiction as civil courts in cases within their cogni- Re Davidson, 22 zancej their proceedings, though erroneous, can not be i!*^,' 1 cis 3 ; 5 Re reviewed collaterally by habeas corpus, those in the Army ' and Navy having surrendered their right of trial by the sawyer, 25' 23 Civil COUrtS. Srte Mi 8 lL%n E 4 Wall., 123; Ex parte Kearuey, 7 Wheat., 38; Ex parte Keed, 100 U. S., 13; Ex parte Watkins, 3 Pet., 393; State w. Stillman, 7 Cold. (Tenn ), 341; Tennessee v. Hibdom, 23 F.R., 795; 20 Rep., 38; 11 A. G. Op., 297; Gould and Tuck- er, notes on 17. S. (a) Writ of prohibition does not lie to, etc. A writ of prohibi- ^Jj^ m * *j * tion does not lie to a court-martial to correct mistakes of g., in** law or fact within its jurisdiction. 478 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. (b) id. ; state v. (,) Writ of prohibition does not lie to an executive officer. 2 M e (s'. C.MKK Such writ does not lie to an executive officer like the Sec- retary of the Navy, not being a member of the court, but merely convening it. Dynes v. ( c ) Jurisdiction of ? may be inquired into. The jurisdiction irr cuV. of a court-martial may always be inquired into on habeas _ rv "71 T 129; 12 A. G. Op., 128; .Re Egaii, 5 (d)GA.G.Op., (d) Soldier or officer offending criminally under civil lan\ H3 ; id., 506. ^ a go ]^j er or officer does an act criminal under the civil law and military law, he is to be tried by the former in preference to the latter, under conditions and limitations stated. A discharge or conviction in the civil courts does not relieve him from responsibility to the military tribu- nals for the same offense. Holmes y. ( e ) Army contractors subject to. Army contractors are sub- i^u. j^ct to the rules of the section cited. S.,9C.Cl8.R.,17a 21 ' ^ ^ e -^ a Y y ' ^ ass ^ s * i the judge advocate in the trial by court-martial, the compensation of such counsel (in the absence of other provisions) to be paid from the appro- priation for the contingent expenses of the Navy. Such counsel should be commissioned by the Attorney- General under the section cited. Rev.stat.,8.,366; Counsel, employment of, for the United States, In view of the Hannoii, July??! provisions of the statute cited the Secretary of the Navy 1895 89 Rev S ar" ^ s no ^ au ^ nor ' ze( i to employ counsel in foreign countries act June 22,' 1870- to institute suit in behalf of the United States to recover ]7-' S i3o P L '583 2i r9 f r d aina gos caused to a war vessel of the United States, op., 328 ; ''u. s. v. but the case should be referred to the Department of Jus- for attention. S.,273,27,280; In re Neagle, 135 U. S., 65, 67. Act Aue. 5, Credited with actual time of service. The opinion of Attor- i883!i7 C A.G a o P 3 ; ney-General Brewster, delivered June 22, 1883, says 555; case of Boat- that "the provisions of the Navy appropriation acts, ald ' cited, requiring all officers of the Navy to be credited FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 479 with the actual time they have served as officers or enlisted men in the Regular or Volunteer Navy, etc., do not entitle such officers to any increased pay for services rendered by them prior to March 3, 1883." Cruisers, construction of. The Secretary of the Navy may i8A.G.o P .,ioi, assent to a modification of the contract for building the f e i885. er ' Jan ' new cruisers where the interests of the Government will not be prejudiced or any statutory provision violated thereby. (a) Payments for. The statute cited does not preclude a (<*) Rev. stat., payment in any case where the money has been actually op 3 ? 4 !^! 8 Brew- earned and the Government has received an equivalent 8ter . Jan - 22 .i 885 - therefor; its object is to prevent payment being made to contractors in advance of the performance of their con- tracts, whether for services or supplies. (b) Steel cruisers, construction of, authorized. (&) 25 stat. L., 472 ; 24 Stat. L., 7, 151, 154; 23 Stat. L., 262, 292, 433; 22 Stat. L., 291, 477. Death of resident on naval reservation. Where a resident 17 i 9 G A ^ G j e P- on the naval reservation at Pensacola, Fla., died intestate Act. A. G., Augl possessed of certain property which is in the hands of the 4> 1888< commandant of the yard : Advised, that the local probate court of the State may properly exercise jurisdiction over the case, and that on the appointment thereby of an ad- ministrator of the estate of the deceased the property in the hands of the commandant belonging to such estate should be turned over to the administrator. Deficient naval cadets. Where certain naval cadets were R ev. stat., as. found deficient at the semiannual examination held at stat.'L., 285J act the Naval Academy in January, 1889, and \vithout the ^^2,^1889^15 recommendation of the Academic Board were granted 637 ; 19 A. P G.OP.', leaves of absence by the Secretary of the Navy with per- ?f&!J flkari May mission to report to the Superintendent of the Academy to join the next fourth class : Held, that the Secretary had no power to continue these cadets in the Academy with- out the recommendation of the Academic Board. Department, Navy. Employees and salaries. 4i3^ S i8 at stet. 1 L 3> 11, ch. 4. Departmental clerks, delegation of power. Departmental 18 ^ c * h f^'s ? clerks, messengers, and laborers are to be appointed and Rev', stat., a. leo,' removed by the head of the Department when not other- and 476; 21 A. 1 ^ 4 wise provided by statute. This power can not be dele- OP-' 3 ^ 5 .' s ives gated, but must be exercised by the Secretary or Acting Harmon! May26,' Secretary. 1896 - Desertion, enticing seamen to commit, what constitutes the * ev VT Sta c M 8 ' ~ , . , , ,, /, 7 1553; U. S. V. offense, and punishment therefor. Thompson, 2 Sprague, 165. Detail for duty, Marine Corps. The Secretary of the Navy Re 2 6|tat, L.,^2; has authority to detail men to guard and protect property act kar. *a, isos- of the Government placed on exhibition at the World's oi^'jjSfe 5 i9i Columbian Exposition. The cost of transportation and 1893. ' sustenance of such detail must be paid from the fund pro- vided for the Marine Corps and its subsistence, and is only limited by the consideration of the question whether 480 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. there are sufficient funds available for that purpose, as to which the Secretary of the Navy is the sole judge, (a) 20 A. G. (a) Subsistence of enlisted men. The Navy Department is A. p rii 5 25' i89? ey ' authorized to pay for the actual subsistence of the enlisted men of the Navy employed in taking care of and preserv- ing the stores and other Government property placed on exhibition at the World's Columbian Exposition under the supervision of the Navy Department in pursuance of law. The expenses necessarily accruing out of the trans- portation and subsistence of the marines detailed for that purpose may be paid from the fund provided for the Marine Corps and its subsistence. Act Aug. 5, Detail of clerks. It is competent for a head of a Depart- iS than' 38 pium- m ^nt to alter the disposition among the various bureaus mer.u.s.,24C. and officers of the Department of the clerks allowed by state's? 1 166^27 law as he may find it necessary and proper to do, taking 2u*'2o'A. 6 G l o ch * care * na ^ * n nc ! case sna ^ an y sucn clerk be paid from 25o, ; oiney, Mar! any appropriation made for contingent expenses or for 21, ISM. an y specific or general purpose, unless such payment is specifically provided for in the law granting the appro- priation. But by act of May 28, 1896 (29 Stats. L., 140, sec. 3) all details must be made by written order of the head of the Department, and must not exceed one hundred and twenty days; but may be renewed from time to time. Rev. stt., s. Detail of officers on retired list. In time of war the Presi- dent, by and with the advice and consent of the Senate, may detail officers on the retired list for the command of squadrons and single ships, when he believes that the good of the service requires that they shall be so placed in command. (a) i com. D., (a) Revisers' views. The revisers regarded these provi- sions as referring to the late war and as not adapted to the conditions of the service at the time of the revision. Rev. stat., s. Discharge, manner of. The statute of March 3, 1875, chapter 1422; is tat.L., 155 ^ inserts u or p ac ifi c after "Atlantic " in second and last lines; inserts, after "States," in third line, "as their enlistment may have occurred on either the Atlantic or Pacific Coast of the United States;" substitutes "enlist- ment' 1 for " service" in fifth line; strikes put " very " in the sixth line, and adds at end of the section : All persons enlisted within the limits of the United States may be discharged, on the expiration of their enlistment, either in foreign port or in a port of the United States, or they may be detained as above pro- vided beyond the term of their enlistment; and that all persons sent home, or detained by a commanding officer, according to the provisions of this act, shall be subject in all respects to the laws and regulations of the govern- ment of the Navy until their return to an Atlantic or Pacific port and their regular discharge; and all persons so detained by such officer, or reeiitering to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port; FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 481 and that all persons who shall be so detained beyond their terms of enlistment, or who shall, after the termina- tion of their enlistment, voluntarily reenter to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, and their regular discharge there- from, shall receive for the time during which they are so detained, or shall so serve, beyond their original terms of enlistment, an addition of one-fourth of their former pay: Provided, That the shipping articles shall hereafter contain the substance of this section. Dropping an officer from the rolls. The sections cited change 12 if v i 2 3o tat '' ac 8 t and make certain the previous laws as to the effect of July 15, isVo, ch. dropping an officer from the rolls. 2S&Y&8B; ch. 79,' s. 12, 13 Stat. L., 489; act July 20, 1868, ch. 185; Stat. L., 125; 1 Com. D., 611. (a) "Any officer dismissed." This phrase in section 1230, gg w ^j*-^ cited, is prospective only. case, a A?G. op.*! 328* Eight hours to be a day's work. "Eight hours shall consti- ev. stat., 8 . tute a day's work for all laborers, workmen , and mechanics ' who may be employed by or on behalf of the Government of the United States." (a) In the nature of a direction. This is in the nature of a >)Tr.s.v.Mar- direction by the Government to its agents ; it is not a con- ^ct/cYs'. ii'. t zm\ tract between the Government and its laborers, and does J<> ^ g- P'. j>8- not preclude it from making contracts fixing a different 12 A.' G.'op.'.W length of time as a day's work. (b) Does not apply in certain cases. The section, 3738, cited, (&) 14 A.G.OP., does not apply to mechanics, workmen, and laborers who 3?1 45> are employed by one who has a contract with the Govern- ment. (c) Hours of labor in private navy-yards. The section cited ( J_l A* 'J_ "I / 1 U * "'I ivork. Independently of the section cited, if an employee R., 15. in the public service works twelve hours per day, is paid and accepts the payment, he can not be heard to allege that every eight hours constituted a day's work under the section. Persons in employ of contractors, etc. The act of August Act of Au s- 1. 1, 1892, chapter 352, 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 or subcontractors. Laborers or mechanics. The act is directly applicable to to t ^ 4 ^JJjJjy laborers or mechanics working for the Government for of war, Aug. 27, wages under ordinary conditions; " at the same time, it 1892 - is quite apparent that, as to some of them, it might fre- quently 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, 376 31 482 LAWS RELATING TO THE NAVY, MARINE CORPS; ETC. their employment being peculiar, they might well beheld to be, as a matter of fact, neither laborers nor mechanics within the meaning of this law. 20 op., 454. Eight hour laic, application of. The eight-hour law does not apply to a contract for furnishing materials such as post-office locks to be used in a Government building. t Timber dry dock, or public work. A timber dry dock Aug. 19, 1892. intended to be a valuable and permanent improvement of real estate belonging to the United States and solely for its use and benefit is to be regarded as one of the "public works of the United States under the eight- hour law. 8 Eligibility to cadetship in the Naval Academy in respect of 315,320. age. Rev. stat a. Engineers. The statute changes the title of first assist- 4i7, ; 4i9;'Rev': ant engineer to passed assistant engineer, and that of 1X24 l im ch* second assistant engineer to assistant engineer, provided 35; is stat. L., ?.' that the regulations relating to examinations and amount of sea service previous to each examination be complied with. 322 a) acteb' 26 ( a ) Twenty -five such engineers may be detailed for such 1879, ch. io5.' scientific schools. The President is authorized by stat- ute, upon the application of an established scientific school or college within the United States, to detail an officer of this corps as professor in such school or col- lege, the number detailed not to exceed twenty-five at any time; and such details, which are to be governed by rules prescribed by the President, may be withheld or withdrawn whenever, in the judgment of the Presi- dent, the public service so requires. 8/]394 ; ev sfaw' W Chartering steamers. A naval engineer derives no sou's case, 4 c. authority from his office alone to charter a steamer for the use of the Quartermaster's Department. . { um? v & S 8tAt. ( c ) President to appoint chief engineer. Statutes cited JL., 340' ch. sis. authorize the President to nominate and, by and with 1390. " the advice and consent of the Senate, to appoint one passed assistant engineer, now on the retired list of the Navy, a chief engineer on the retired list of the Navy, with the highest retired pay of that grade. m$JK*iJS?d ( a ) Nongraduates.The> first section cited (1484) operates A.' G. op., 336 j 21 as an exception to the latter section cited (1486) by excluding therefrom engineer officers graduated at the Naval Academy. Engineer officers not so graduated stand on the same footing with other staff officers, and are entitled to the six years' constructive service. The act cited (21 Stat. L., p. 510, ch. 150) adds at the end of the section (I486) the following provision: "That nothing in this section shall be so construed as to give to any officer of the staff corps precedence of, or a higher relative rank than that of, another staff officer in the same grade and corps, and whose commission in such grade and corps antedates that of such officer." isss* cV t 59i lly 25 (^ Cadet engineers. The section cited provides : " That for stat. .,' 24i.' the purpose of placing certain cadet engineers (gradu- FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 483 ates) in their proper grade and rank in the Navy, the President of the United States be, and is hereby, author- ized to appoint, and, by and with the advice and consent of the Senate, commission as assistant engineers in the Navy the cadet engineers of the classes of 1881 and 1882 now in the Navy : Provided, That the commissions of the class of 1881 be dated from July 1, 1883, and their names be placed on the Navy Eegister immediately after the name of William D. Weaver, and that they take pre- cedence in their grade and corps according to their pro- ficiency as shown by their order of merit at the date of graduation ; and that the commissions of the class of 1882 be dated from July 1, 1884, and their names be placed on the Navy Eegister immediately after the name of Charles E. Eommell, and that they take precedence in their grade and corps according to their proficiency as shown by their order of merit at the date of graduation : Provided, That any of such cadet engineers who failed to pass the physi- cal examination at the Naval Academy made at the time of their graduation shall be subjected to further exami- nations before receiving their appointments, as above authorized." (/) Appointed annually. The statute of June 22, 1874, chap- g 5{ 2 ) 3 ^ v< a ^ > ter 392, repeals so much of the provision in section 1523 peaied n ?y r act as provides that cadet engineers, not to exceed fifty in jS^is 'st ' i?' number, shall be appointed by the Secretary of the Navy, 191 .' and provides, repealing inconsistent acts, that cadet engineers shall hereafter be appointed annually by the Secretary of the Navy, and the number appointed each year shall not exceed twenty-five. ( one time ^ e enlisted into the Navy of the United States, part c'h. 159, 19 including seamen, ordinary seamen, landsmen, mechanics, ne^ section adds firemen, coal heavers, and including seven hundred and ^coaTheavers*^ n ^ 7 apprentices and boys, hereby authorized to be en- listed annually, shall not exceed eight thousand two hun- dred and fifty: Provided, That in the appointment of warrant officers in the naval service of the United States preference shall be given to men who have been honorably discharged upon the expiration of an enlistment as an apprentice or boy, to serve during minority, and reen- listed within three mouths after such discharge, to serve during a term of three or more years: Provided further, That nothing in this act shall be held to abrogate the provisions of section fourteen hundred and seven. (a) Rev. stat., (a) Honorable discharges may be granted. Honorable dis- 8 - 1426 - charges may be granted to seamen, ordinary seamen, landsmen, firemen, coal heavers, and boys who have en- listed for three years. (&> Act of Mar. (b) Enticing seamen to desert. 2, 1855, ch. 136, s. v ' 11; 10 Stat. L., 628; U. S. v. Thompson, 2 P (c^3 e 'stat. L., (c) Entitled to a ration, etc. Enlisted men attached to any United States vessel or station on duty shall be entitled to a ration or commutation thereof. isS-^'ISr'I'W ^^ a * constitutes enlistment. Under the act of 1855, i855,'ch.i36. 8 .ii'; chapter 136, section 11, a seaman who had passed his MofV'sprague,* examination at the naval rendezvous, but had not been 103.' examined and passed on the receiving ship, was held not to be enlisted. 19 A.G.op?6i6 Enli8ted men f tne Marme Corps. The act of February 9, MiiieV, July si,' 1889, cited, to provide for the deposit of the savings of seamen of the United States Navy, does not extend to enlisted men of the Marine Corps. ]6 (a) i89o*Bev e ( a ) ^ revent desertions, etc. The provisions of section 1 of Stet.,8.i6i2. the act cited under (a) entitled "An act to prevent de- sertions from the Army, and for other purposes," are applicable to enlisted men of the Marine Corps by force and effect of the section cited ; but those of sections 2, 3, and 4 of that act are inapplicable thereto. JMSfJ^JS! Ensigns. The act of June 26, 1884, cited, provides that from and after the passage of this act all graduates of the Naval Academy who are assigned to the line of the Navy on the successful completion of the six years' course shall be commissioned ensigns in the Navy. (a) sec. 2. ( a ) Grade of junior ensign abolished. That the grade of junior ensign in the Navy is hereby abolished, and the junior ensigns now on the list shall be commissioned ensigns in the Navy : Provided, That nothing in this act shall be so construed as to increase the number of officers in the Navy now allowed by law. (b) sec. s. (&) Repeal That all acts and parts of acts inconsistent with, the provisions of this act be, and the same are hereby, repealed. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 485 Envelopes, purchase of, opinion of Attorney-General respecting. Act July 31, The provisions of the act cited make it obligatory upon A 9 a. c o P 17 4 fMay the Comptroller of the Treasury to render a decision upon 22 - 1895 . affirmed; any question involving a payment to be made by or under oi^eyf May ^ the head of any Executive Department, and contemplate 1895< the construction by him of statutes. (a) Contract for envelopes. A question regarding the con- (a) ibid. Act struction of the section cited under (a), which provides 23, n s. %. 1895> cb ' that "the Postmaster- General shall contract for all envel- opes, stamped or otherwise, designed for sale to the pub- lic, or for use by his own or other Departments, and to be of sufficient importance to warrant its submission to the Attorney-General for his opinion thereon." (b) Repealed by implication. The conclusion that a statute (&) SA.G.OP , is repealed by implication is only reached when there is ^ lited^! ^'. irreconcilable conflict and when the two statutes can not o. bp., isi. by reasonable construction stand together; and in meas- uring the legislative intent as to the scope to be given to a statute in its operation upon previous statutes, not spe- cifically referred to, a consideration of the effect upon the public welfare must necessarily be taken in view. (c) Has no application. Applying the rule of construction (c) R 6V . stat., stated in paragraph (6), and construing the provisions of 88 - 3709 ' 371 - section 96 of the act of January 12, 1895, in connection with the sections cited under (c), held that the section of the act of 1895, referred to, has no application when an exigency may require an immediate delivery of envelopes to a particular Department, and the public service might be seriously impaired by the necessity of a requisition upon the Postmaster-General. (d) Exigency. In the event of an exigency requiring an (<*) 2iA.G.Op., immediate delivery of envelopes, the provisions of theJSj 1 ^ 116 ?' May section cited under (d), and the head of the Department ' in which the exigency exists may make the purchases required by the exigency. Estimates for pay of the Navy. The statute cited provides c \fl\ L -> M5 " That the Secretary of the Navy is hereby directed to c report to Congress, at its next and each regular session thereafter, the amount expended during the prior fiscal year from the appropriations for the pay of the Navy, Bureaus of Navigation, Ordnance, Equipment and Ee- cruiting, Yard and Docks, Medicine and Surgery, Provi- sions and Clothing, Construction and Repair, and Steam- Engineering, for civilians employed on clerical duty, or in any other capacity than as ordinary mechanics and workingmen, and submit, under the estimates for such civilian employees for the fiscal year 1887, and each fiscal year thereafter." Evidence. That in the trial- of all * * * persons charged s ** v - stat -' 8 - with the commission of crimes, offenses, etc., * * * before courts-martial and courts of inquiry, * * * the person so charged shall at his own request, but not otherwise, be a competent witness, and his failure to comettv wa- make such request shall not create any presumption liama, 20 waii., against him. He may testify orally or by deposition. 486 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Rev. stat., a. Examination, temporarily suspended. If after a naval officer i5oo; iGA.G.op., jj as appeared before an examining board the examination is temporarily suspended, and he, being given permission to be absent at home until notified, fails to receive notice until after the examination is concluded and he is retired, being thus debarred the right of presenting material tes- timony in his defense, the President may revoke his action in approving the proceedings and findings of the board for the purpose of allowing the officer a rehearing. Rev. stat., s. Extra compensation, If a retired officer is designated by Con- i4ii uSgwv'. gress to perform services which could not be required of s., ib c. cis/B., him, such as the superintendence of the erection of a pub- lic building, he may receive extra compensation therefor. Rev.^stat.^ s. Failing in examination. The loss of date need not be con- st? 5 : temporaneous with the term of suspension, but must agree therewith in point of duration. ,' Fleet paymaster. No designation other than that made by G 7 o 15 ^ 1 Gar- ^ ne P res ident entitles a naval paymaster to the place and iand,A P r.2i,i885! perquisites of paymaster of the fleet. (a) is A. G. (a) Retired on furlough pay. An officer retired on furlough pay is to be paid according to the provisions of section 1593 of Eevised Statutes. Rev. stat.,1587. Funeral expenses. The expenses of the funeral of an officer who dies in a foreign country while on duty there, equal to one month's sea pay, shall be defrayed, etc. 13 A. G. Op., But in the case of a naval officer who has started on a foreign service, but dies in a United States port at which his vessel touches, this statute does not apply. It comes within the prohibition of the statute cited. i5& v f8 ta A. 14 G.' Plough pay. 4 n officer retired on furlough pay under op.,' 96. Brew'- section 1454, cited, can not be transferred on the retired pay list under second section cited with increase of pay; such increase is forbidden by the act of August 5, 1882, chapter 391. (a) id. ( a ) Transferred to the retired pay list. Nor can an officer be simultaneously retired on furlough pay and trans- ferred to the retired pay list, so as to give him the pay of the latter. Application of the law. Section cited does not apply ?e A 3 G'o"*S' to officers retire d on furlough pay. 1592 5 *' stat ' ' 8 ' Gra " A.G.OP., 11 T /. j-i 11 i . 507, Garland, Academy and became a member of the fourth class mNov. IG, i886 ; 1885, and also remained a member of the same class in Nov 2 . 9 i2 G i885 and ' 1886, he is at the latter period as much an "older cadet" within the definition of the offense of "hazing" as a cadet who, having enterecl the Academy at the same time (1885), has since been advanced to a higher class and (equally with the latter) is capable of committing the offense. (c) Cadet of second class. Where the record of the proceed- 37 < c > ^^f^' 1 ings of a court-martial in the case of a naval cadet of theMaV.i2,i88e an second class, who was tried under the act of June 23, 1874, for the offense of hazing, showed that the acts com- plained of were pulling the nose, striking at, striking, and otherwise maltreating a naval cadet of the fourth class: Held, that these facts, in conjunction with other circum- stances, present a case containing all that is essential to constitute the offense of hazing within the meaning of the statute, and that the court had jurisdiction of the com- plaint. 488 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. u.s.t. Bank of Head of a Department, Iii general, the head of a Depart- pS^TT^s.'l 5 ment can not supervise or reverse the decisions and acts cobb,iiF.R.,76; of his predecessors. LavalettetJ. U.S., 1 C. Cls.R., 147; 5A.G.Op.,28,87, 122, 664; 2 id., 110, 463; 3 id., 684; 8 id.,214;llid.,189; 12 id., 169, 355; 13 ld (afu 9 A.' '&."() Interference with. When such a head has rightfully Op., 117. assumed jurisdiction, another coordinate Department should not interfere with its control of the particular case. (b) is A G. (&) Delay of action by. Delay of action by the head of a op., 113. Department should not be allowed at the request of a committee of Congress. (c) 7A.G.op., (c) Certify % delegation. The head of a Department can not certify by delegation when not authorized to do so by Congress. (d)20A.G.o P ., (d) Personal liability of. The head of a Department incurs no personal liability by executing an instrument which should not have been executed, if he acts in reliance upon properly chosen subordinates whose ability and good faith he has no reason to doubt. S 624 " R 88> l *** n seaSf ^ ne wor( is "high seas" mean any waters on the seacoast which are without the boundaries of low- water mark, although such waters may be in a roadstead or bay within the jurisdictional limits of a foreign government. U Mason' ^ Fauces terrcB. The uninclosed waters of the ocean on 29(K the seacoast outside the fauces terrce are also included in the words "high seas." Act Jan. 4, 1889, Hospital, Marine, Service. The provision in the statute cited G.'op'. 8 '296. 19 A ' that " no officer shall be promoted to the rank of passed assistant surgeon until after four years' service," applies to all assistant surgeons in the Marine-Hospital Service without any exception. 59 21 ohie G ''s?' 1 t Hydrographic Office, purchase of supplies. All purchases and 22;i894 Uey contracts for supplies in any of the Departments of the Government must be made by advertisement unless immediate delivery is necessary. 87w^ V acf Jui 2?' ( a ) ^ ne ^ rs * * wo sentences of the section cited as amended 1894,' ch. 22; 'act by the acts cited apply to purchases anywhere in the Apr. 21, 1894, ch. u n ited States. The remaining three sentences apply only to purchases in the city of Washington. (b) Act Apr. 21, (b) The word u miscellaneous," in the urgent deficiency act, cited, must be restricted to that class of commodities which must be purchased on a considerable scale and used alike by many or all of the various Departments and Government establishments in the city of Washington. i^ v 'u sta s'' s Inca P aci ty? cause of, marks the line between the two classes Bnrchard, 125 u! of retired officers referred to in the section cited. S.,176; 19 C. Cla. R., 137; Potter. U. S., 125 U. S., 173. ch 21 ? tL su 164 ' Judge "4 dvocate " General '~~ The statute cited provides for the ReV. st'at., 29oj appointment, for a term of four years, from the officers of 291 the Navy or the Marine Corps, of a Judge- Advocate-Gen- FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 489 eral of the Navy, whose office shall be in the Navy Department. (a) Entitled to shore pay only. Under the provisions of the (> 28 c. of c., act of June 8, 1881 (21 Stat., p. 164), an officer of the p * 468 - Navy serving as Judge- Advocate-General is entitled to shore pay only. (b) Not entitled to sea-pay rations. The provisions of the Eevised Statutes (sec. 1679) that " No person not actually attached to and doing duty on board a sea- going vessel,' 7 with certain exceptions, " shall be allowed a ration," pre- cludes the allowance of a sea-pay ration to the Judge- Advocate-General, whose duty is in the Navy Department (Leinly v. The United States, 28 C. of C., p. 468). In this decision the cases relating to sea pay, sea service, and military and naval allowances are examined. Lien laws, property of United States, contractors. Assuming 2iA.G.op.,i9, that the title to the land on which a dry dock is built, and the exclusive jurisdiction over it, are in the United States, the mechanic's lien laws of South Carolina do not S operate thereon, and claims under such laws may be JjJJ ignored in settlements with contractors. p . ?8. Line, officers of. The commissioned officers and warrant Rev. stat., a. officers on the active list of the Navy of the United States, 1556t and the petty officers, seamen, ordinary seamen, firemen, coal heavers, and employees in the Navy, shall be entitled to receive Longevity pay. The longevity pay is payable only from the Young . u. s., date of commission, which is the actual time of the Presi- 19 c - Cls - R " 145 - dent's signing of the commission, and not an antecedent date mentioned in its body. (a) Credit for length of service. The statute of 1883, chap- () Act - ter 97, deals with the credit for length of service as might have been given when the grade having graduated g^s^ eo^ 2 c. pay was first held by an officer who had served in the v. Muiiaa, 123 Volunteer Navy. Subsequent service is not within it. id -' 186< It does not increase the salary of a lower grade ante- cedently held by an officer. The pay acts apply only to the grades held by officers while such acts were in force. Credit for length of service can not be given in a grade which did not have graduated pay when held by the offi- cer, merely because such pay was subsequently attached to it. (b) Volunteer officers entitled to credit. Under the act of ( & ) Id - 1883 a naval officer who served in the Volunteer Navy is entitled to credit for such service in the lowest grade in the Regular Navy having graduated pay at the time he held it. (d) Service at Naval Academy. So service as a midshipman (&) TT. s. v. at the Naval Academy is service as an officer in the Navy Se within the longevity acts. M (e) Service as paymaster's steward in Marine Corps gives ^ credit. And, under those acts, an officer in the Marine 441. Corps who served as paymaster's steward is entitled to be credited with the time of such service. 490 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. (/> Thorniey v. ( f) Retired officers not to receive increased pay for longevity. 3ib. S i'sccE;I'.! Naval officers, when on the retired list, whether commis- 111 1 Bmwav.u. sioned or warrant, are not entitled to increase of pay by ?s 'oc i'.; S?- : reason of longevity. (g) id. (#) Increase of pay because of. Navy officers on the retired list are not entitled to increase of pay by reason of lon- gevity while thereon. Rev. stat., B. Log book. The entries in the log are evidence so far only as provided by statute. 19; Jones v. The Phrenix, 1 Pet. Adm., 201; Ma- lone v. Bell, id., 139 ; Herron v. The Peggy, Bee Adm., 57. moSa n fr'. T R e ( a ) Facts stated in an official log by those having knowl- 892. edge thereof must, in the absence of mistake, be taken as true as against the ship. (c) Jones v. The ^ The entry in the log book is presumptive but not con- DouSsS; elusive evidence of its truth. It may be disproved. Gilpin, 147; The Hercules, 1 Sprague, 534. 21 stat. L., 290, Machinists. The statute cited provides for the pay of ma- L h , 2% 9 4 2 43 S 8*3: chinists honorably discharged from the Navy. See ''Estimates for pay of the in re Doyle, is Marine Corps, enlistments therein. The Marine Corps is I'^Balnbridg^,' part of the Navy, not of the Army, and that minors over i^ Mason,^7i' ; is may be enlisted therein without the consent of parents or guardians was held by the Federal courts. Re Hayes, 15 Rep., 259; Re Mc- Nultv, 2 Lowell, 270; tJ. S.u.Stew- art, Crabbe, 265; Re Gregg, 15 Wi8.,479;ReShu- gru, 3 Mackey, 323; Re Webb, 24 How.Pr.(N.T.), 247; Re Collins, ' (a) The parents' con sent might be given after the enlist- <. roent, under statute of January 20, 1813. (6) wiikes v. (b) Marines, Tioic regarded. Marines were regarded as per- sons "enlisted for the Navy" within the statute of 1837. uity, (c) Age, size, etc., of recruits for. Until the year 1858 there I L ?. w ste 2 w art,' was no statute expressly regulating the age, size, citizen- crabbe, 265, HS! ship, or other qualifications for recruits in the Marine n^tes, 8 4 s 2 iii7! Corps. Such a contract may be avoided by the minor 1418 - himself, by the parent or guardian, or by the United States. (d) ReShugru, (d) Marines not enlisted for the Navy. Persons enlisted in the Marine Corps are not enlisted in the Navy. (e) Rev. stat., (e) Discretionary poicer. The statute of 1861, chapter 42, o' P 144 ik 10 ste ( s: section 17, gave the Secretary of the Navy discretionary 1246 - power to select, for the trial of officers of the Marine Corps, such commissioned officers, under his control and orders, as he deemed proper. s uw^Ta aw 1 '' ^ Marine Corps. There is but one rate of pay fi by u. s., ; ie ^? a ci8 law for officers of the Marine Corps retired. R., 3; 15 A. G. Op., 445. FEDERAL COURT DECISIONS - OPINIONS ATTORNEY-GENERALS. 491 (g) Moneys appropriated for pay of. All balances of moneys appropriated for the pay of the Navy or pay of the Marine 157. Corps, for any year existing after the accounts for said year shall have been settled, shall be covered into the Treasury. (h) Officer of, not entitled to ration, etc. An officer of the W Rev. stat., Marine Corps is not a naval officer, and is not entitled to |.J f* 'ac^'S.', this ration when attached to a seagoing vessel. Under 62 ' 5 section 1612 he is subject to section 1269. (') Commandant, how appointed. The commandant now has {^g 116 ^ stat) the rank and pay of colonel, and is appointed by selec-L*58. ? tion by the President from the officers of the Corps. (j) No appointments to be made. By the statute of June 30, o p > 19 stat. L., 1876, chapter 159, no appointments are thereafter to be 65- made, except by promotion, to fill vacancies in the list of commissioned officers of the Marine Corps until their number is reduced, by casualties or otherwise, to 75. (k) Promotions to fill vacancies. By the statute of January (t> 22 stat.L., 30, 1885, chapter 43, no appointments are thereafter to be *j^ a c c h * 3 J an - 30 - made, except by promotion, to fill vacancies occurring in the list of commissioned officers of this Corps until their number is reduced, by casualties or otherwise, below 75, as fixed by the act of 1876, and after such reduction the whole number of such commissioned officers on the active list shall not exceed 75. (I) No commutation for forage for. Sections cited provide (0 22 stat. L., that no commutation for forage for the Marine Corps shall L.^t^isl! Stat ' be paid. (m) Retirement. . <*) Rev. stat., s.1243; 12 Stat. L.,596, s. 12; act July 17, 1862. (n) Marines not strictly seamen. Marines, though not strictly () wnkes v. seamen, were so regarded in the case cited. H. 6p.,' as entitled to the benefit of a special act for the relief of the u officers and seamen" of a United States vessel. (p) Is a military body. The Marine Corps is a military body (p) TJ. s. . belonging primarily to the Navy and being under the^ control of the Navy Department,- when ordered in to 20. service in connection with the Army it may be under the command of Army officers. (q) A captain in charge of clothing entitled to allowance. (?) u. s. A captain in the Marine Corps who acts as captain and has charge of clothing is entitled to an allowance therefor. (r] Credit for service as paymaster's steward. A marine offi - (n Rev. stat., cer is entitled to be credited with the length of time he was employed as a paymaster's steward in the volunteer service. (s) Credit for service as enlisted man. Service by a naval officer as an enlisted man in the Marine Corps is to betr credited to him in computing his longevity pay under the ^ s ^^ 4 2 9 : . 21 ' statute cited. 492 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. A (t) Rev. stat., (t) Musicians, extra compensation for. That additional com- 1 5 13 io?r?' martial upon charges and specifications preferred against him for acts done as such chief. Midshipmen, examination of, under the United States stat- i2stat.L.,583 ; Benjaminv.TJ.S., UteS. 10 C. Cls. R., 474. Mileage. And officers of the Navy traveling abroad under 22 stats., 234. orders hereafter issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the officer issuing the same; and shall re- ceive, in lieu of the mileage now allowed by law, only their actual and reasonable expenses, certified under their own signatures and approved by the Secretary of the Navy. (a) Same by land and by sea. The statute of June 30, 1876, chapter 159 (19 Stat. L., 65), repeals so much of the stat- i ute of 1874 as applies to naval officers engaged in public u i'?'G?aham ; business; allows them 8 cents per mile in lieu of their ac- nbu. s., 219 ; Ts tual expenses, and provides that thereafter enlistments Cl Cl8t Bl) 83> in the Navy shall cease until the number of enlisted men is reduced to 7,500. Under this statute there is no dis- tinction between travel by land and by sea. (b) Computed by shortest route. Mileage is computed, in the (&) DU Bose v. . absence of special circumstances, upon the basis of ttie , 5^ 9 ^^Sa shortest route of ordinary travel. tr. s'., id., 5i6 ; Allderdice v. U. S., id., 511. (c) May be forfeited. It may be forfeited by the officer's v $ s Fe fault, as by his absence on private business and conse- R., '509 ; quent failure to join his ship before sailing. Jj" 5 ; u * S>1 21 (d) Paymasters 1 clerics not entitled to. Paymasters' clerks Mouat^k u s' are not officers within the meaning of this act of 1876, 303 ; 22*0. cis.'n'! and are not entitled to the mileage thereby allowed. (e) In certain cases officers entitled to mileage, even when pro- (e) Temple v. vided with transportation. Under the act of 1876 a naval TLS " 105TJ - S " 97 officer who has traveled under orders, whether on land or on sea, was entitled to the 8 cents mileage, even when the Government provides him with transportation. (/) Claim for traveling expenses depends upon acts of Con- (/) TT.S.V.MC- gress. As an officer's claim for traveling expenses de- pends upon the acts of Congress, and not upon contract, the compensation for that part of a journey performed by him after June 30, 1876, under an order made before that date, is determined by the statute of 1876, while the re- 494 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. (0)Aiiaordice. K' 5ii 19 Du'B?8 8 e . IT. s.,' 19 c. GIB. (h) Hannum v. S.', li'6. 19 ' l8 ' (t) Hannum v. S' fie - 1 Griffin 1 ?' u'.'s., 2g c. cis.' 0') Crosby v. S.', in. u ( *s R.',288. u. s. v. Gra 219' w c. 'cis. s ( ?9 CCI V '-R' sib; Griffi n 8 . l id., ice. pealed act of 1874 applies to the preceding part of the journey. (#) Mileage for traveling on public business. A journey by an ffi cer f r tne Purpose of reaching home taken by au- thority of the Secretary of the Navy, before his discharge from the service of the Government, is on public busi- ness, and if public business was an element in an officer's circuity of route, he should recover mileage therefor. (h) Delinquent officer can not recover. If an officer is delin- quent and is ordered to travel at his own expense, he can not recover of the Government. (i) Officer not obliged to tcike unusual route. An officer, although bound to travel by the shortest usually trav- eled route, is not obliged to take an extraordinary and unusual route because it is the shortest. ( j) Oood reason must be given for deviation from shortest route. When only the terminus of the journey is speci- fied in the orders issued to a naval officer, the choice of route being left to his discretion, his mileage is to be calculated by the shortest usually traveled route, regard- less of the distance actually traveled, unless good reason is shown for the deviation. This is true, although the order required the officer to leave for his station before a day stated, if other means of travel than those taken offered before that day. W ^ n ffi cer detached and sent home by commander ofsquad- ron on account of uninhabitable quarters is on public busi- ness. If the commander of a squadron decides that the quarters assigned by the Department for certain warrant officers on their ship are not habitable and detaches them, with permission to return home, the cause of the officers' travel is public business, and they are entitled to mileage. (Z) Distinction between traveling within the United States and in a foreign country. Under the act of 1876 mileage has been held allowable to officers of the Navy only when , . i i i Jt j_i TT VL T rW traveling on public business within the United States; for travel elsewhere their actual expenses alone being allowed. ( m ) enera l ru l es applicable to all mileage cases. (1) The right of an officer to mileage depends upon his having traveled upon public business, and it is ordinarily for his commanding officer to determine whether such busi- ness requires that he snould travel; where an officer is delinquent and ordered to travel at his own expense, he is not entitled to mileage. (2) An officer is ordinarily bound to travel by the shortest usually traveled route. He is not bound to choose an extraordinary and unusual route because it is the shortest, but he has no right to choose another because it is the longest. (3) Where an officer does not travel by the most direct route, or, being ordered to travel by one route, is com- pelled to travel by another, he must bring to the accounting officers the authority or ratification of the Department, and if he neglects to do so, must establish in a judicial tribunal the facts upon which his right rests. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 495 (n) Construction of the acts of 1838, 1886, and 1870, as to (n) Graham v. the rights of naval officers to mileage, may be found in ^g t s " u u> S>1 cases cited. (o) Officer in Revenue- Cutter Service. An officer of the (o) is A.G.OP., Ee venue- Cutter Service is not entitled to mileage for }5i. i^SSsf & travel on duty, but may be allowed actual traveling stat - L -> 3 * 7 ' 511 - expenses. Militia, application of fifth article of Constitution to. In the Johnson v. fifth article of amendments to the Constitution of the pfUJ; 15 United States, providing that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger," the words "when in actual service in time of war or public danger" apply to the militia only. Minors, contracts of. A minor who at the age of 19, with BJBV. stat., ss. the consent of his father, enlisted in the Navy, has not ( i 62 4, art. 19), as the right on coming of age to demand his discharge under oMay d i2 y i879 8 the rule which applies to his ordinary civil contracts. andFtJ.23 1 , issi, (a) The United States has the right to prescribe the rules ' (a> 21 stat. L. 3 and conditions under which voluntary or compulsory op.,327,Harmon,' services are to be rendered by citizens. A P J> - 16 > 1896 - (b) The period at which persons reach their majority and (&) id. become sui juris with respect to the ordinary affairs of life can not abridge this power of the General Govern- ment. (c) If a statute authorizes a minor by enlistment to bind him- (c) id. self during his minority, he can bind himself for a further period. (d) The phrase " other persons w in the act cited included lg ^) Ac t Mar. 2, minors above the age of 18 as well as men of full age. Minor of nineteen years bound by his contract. A minor, who A tto?S? i0 Gen f at the age of nineteen years enlists in the Navy, is bound erai,datel Apr! by his contract of enlistment, and has not the right to 16 ' 1896 - demand his discharge on coming to his majority. National Guard, clerk absent as member of. An employee of 22 stat. L., 503 ; a Department absent from his duty at prize drill, duly S^Jith 25stSi ordered by a superior officer of the National Guard of L-, 772, BS. 40, 42, which the clerk was a member, is entitled to his pay oV^W Aidrich while absent. l^g/nfisti G " Nautical Almanac. The Nautical Almanac is a " nautical Rev. stat., 432 tx nn l r n and 436; 16 A. G. DOOK. Op., 127. (a) The Secretary of the Navy may place the supervision 30 }* ) 1 ^ s g^p" of the Nautical Almanac in charge of any officer or pro- 127.' fessor of mathematics in the Navy who is competent for that service. Such officer or professor, when so employed, shall be entitled to receive the shore-duty pay of his grade, and no other. Naval Academy, provisions concerning. i8M?e 1 5;?i Stat'. L.. 203;' 15 A. G. Op., 80. (a) Board of Visitors to. Act of February 14, 1879, provides 14 (a 1 ) 87 Ac c t h ot 6 f e ^j for a Board of Visitors to attend the annual examination sta t. L.'.W '" of the Academy, each member to receive not exceeding 8 496 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. o' P l51 3 7 i5 32( (a) Rev. stat, ifid li 46 p 3i5 V 49 n ^ Beu.jaminr.ij. s.| ioc.cia.R.,474. cents per mile mileage by the most direct route to and from his residence and Annapolis. Act of July (i) Per diem. Statute cited under (b) allows each member $5 per day for expenses during actual attendance at the examination. ( C ) Act Aug. 4, (c) Intoxicating liquors. The act cited under (c) provides sS.L h /268? : 24 that no part of any appropriation by Congress for ex- penses of the Board shall be used to pay for intoxicating liquors. Rev. stat., (d) Age of cadets , eligibility. Candidates to, admission to, eligibility in respect of age, ineligible unless he is between 14 and 18 years of age. 22 stat. L., 285. Naval cadets. This title was substituted for " Cadet mid- shipmen " by act of August 5, 1882. All of the under- graduates at the Naval Academy shall be thus designated. (a) Examination of, etc. While a previous notification may not be essential to the validity of a recommendation, yet the date is so. Section 1515 is to be read as if the dates fixed by the regulations of the Academy for the examina- tion of candidates were expressly inserted therein, and therefore the season for recommendations and nomina- tions of cadet midshipmen begins after March 5 and ex- pires on September 22 in each year. Each Member has the control of all appointments to be made during any current year of his term. (b) JEligibility as to age. Candidates for appointment as naval cadets must be between 14 and 18 years of age. (c) The first section cited reads : " Cadet midshipmen found deficient at any examination shall not be continued at the Academy or in the service unless upon the recom- mendation of the Academic Board." The latter section cited reads: "Cadet engineers shall be examined from time to time according to regulations prescribed by the Secretary of the Navy, and if found deficient at any examination, or if dismissed for miscon- duct, they shall not be continued in the Academy or in the service, except upon the recommendation of the Acad- emy Board." (d) These provisions leave in the Secretary of the Navy no right to continue at the Academy, without the required recommendation, cadets found deficient in their studies. (e) " Graduating examinations." These words mean that examination which, under the regulations of the Naval Academy, takes place after the prescribed term of sea service has been performed. Assignments of relative rank, as between members of the same class based upon the results of such examination, are in conformity with law. (/) Cadet engineers. A naval cadet engineer who is not deficient at examination or dismissed for misconduct un- der section 1525, or under sentence of a court-martial, but is honorably discharged by the Secretary of the Navy against his will, still remains in the service and may recover his pay in the Court of Claims. op., sis, 320. (d) 15 A.G.OP., B K2??ii 1 U G dp., 637. (/)< FEDERAL COURT DECISIONS - OPINIONS ATTORNEY-GENERALS. 497 ((/} Vested rights of cadets. A naval cadet has no vested right to appointment as an officer in the Navy, and is n. liable to be discharged if there is no vacancy to which he can be appointed. (h) Rank of naval cadets. Section 1521 of the Itevised . Statutes reads: "When cadet midshipmen shall have tion ia amended passed successfully the graduating examination at the J J^cS? swf '22 Academy, they shall receive appointments as midship- stat'.L., 285. ' men and shall take rank according to their proficiency as shown by the order of their merit at date of gradua- tion. The act of August 5, 1882, cited under (/t), repeals so 22 stat, L., 235. much of the section quoted (1521) as is inconsistent with its provisions, to wit: "That hereafter there shall be no appointments of cadet midshipmen or cadet engineers at the Naval Academy, but in lieu thereof naval cadets shall be ap- pointed from each Congressional district and at large, as now provided by law for cadet midshipmen, and all the undergraduates at the Naval Academy shall hereafter be designated and called naval cadets; and from those who successfully complete the six years' course appointments shall hereafter be made as it is necessary to fill vacan- cies in the lower grades of the line and Engineer Corps of the Navy and of the Marine Corps: And provided further, That no greater number of appointments into these grades shall be made each year than shall equal the number of vacancies which has occurred in the same grades during the preceding year; such appointments to be made from the graduates of the year, at the conclusion of their six years' course, in the order of merit, as deter- mined by the Academic Board of the Naval Academy ; the assignment to the various corps to be made by the Secretary of the Navy upon the recommendation of the Academic Board. But nothing herein contained shall reduce the number of appointments from such graduates below ten in each year, nor deprive of such appointment any graduate who may complete the six years' course during the year eighteen hundred and eighty- two. And if there be a surplus of graduates, those who do not re- ceive such appointment shall be given a certificate of graduation, an honorable discharge, and one year's sea pay, as now provided by law for cadet midshipmen. "That any cadet whose position in his class entitles him to be retained in the service may, upon his own application, be honorably discharged at the end of four years' course in the Naval Academy, with a proper cer- tificate of graduation. "That the Secretary of the Navy may prescribe a special course of study and training at home or abroad for any naval cadet. "That the pay of naval cadets shall be that now allowed by law to cadet midshipmen; and as much of the money hereby appropriated as may be necessary during the fiscal year ending June thirtieth, eighteen 376 - 32 498 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. hundred and eighty-three, shall be expended for that purpose.' 7 (t) Act Aug. 5, ( i) Surplus graduates, discharge of. The provision of the i 8 rt 2 ve U ii S 6 V u Re s d ,' act of 1882, just quoted, for the discharge of surplus naval Se 1 - 2 L C o C oid R v' ca( let graduates, was prospective only, and did not apply u.s 1 ., il KU 546;' to the classes of 1881 and 1882, and naval cadets who, ^ a id"406 a8e ' prior to this act, had fully completed their course at the Academy, and received their diplomas, became by this act graduates. (j) 22 stat. L., ( j) Number of midshipmen provided for. The statute of i883 : . ac1 Car> 3 ' March 3, 1883, makes provision for ninety-one midship- men, the title of which grade is hereby changed to ensign, and the midshipmen now on the list shall constitute a junior grade of, and be commissioned as, ensigns, having the same rank and pay as now provided by law for mid- shipmen, but promotions to and from said grade shall be under the same regulations and requirements as now pro vided by law for promotion to and from the grade of mid- shipmen, and nothing herein contained shall be construed as to increase the pay now allowed by law to any officer of said grade or of any officer of relative rank. * * * And all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the Eegular or Volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same manner as if all said service had been continuous and in the Eegular Navy in the lowest grade having graduated pay held by such officer since last entering the service : Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers : Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the Volunteer Army or Navy. (t) 23 stat. L., (]c) Graduates. The statute cited confers the title of ensign eo^act 26, U p On ca( jets who successfully complete the six years' course at the Naval Academy and are assigned to the line of the Navy. The grade of junior ensign is abolished. (i) 23 stat. L., (1) Allowed a ration. Cadets attached to any United States , vessel or station and doing duty thereon shall be allowed a ration, etc. ^ 25 stat. L., 472, Naval establishment, increase of by the construction of 24 Stat. L.,7, 151 ; f .1 prn J ft ^cS 1 ! 8 fore an officer authorized to administer oaths by the laws 43o 8 . e> of the United States, and a foreign consul residing in Mexico has not such authority. Observatory, Naval. The statute cited provides for the erec- 18 4 ct ch J "8[ ; \ tion of a new Naval Observatory. stat'. L..' isel 25 Stat. L., 463; 21 Stat. L., 64. Officers, line, number allowed on active list. Active list of ..Jg*^ stat., . , _:_. _. -i /- looo ; ID A.Lr.Up., the Medical Corps. 589 ; Rev. stat., a. 1368 amended by 22 Stat. L., 285. Seenotetos. 1521. Officers, Navy, three kinds in the Navy, (1) commissioned, 14 ^ ev ,' 5 l^op 8 ' (2) warrant, and (3) petty. sei.ess ;Grambs's Case, 23 C. Cls. R.,420. Parade, employees absent from duty. Employees of the United ch^Sf^s' stat'. States who are members of the National Guard are not L., 779;' 20 A. G.' entitled to leave of absence from their respective duties sept. 29!i893 lney ' without loss of pay or time in order to engage in rifle practice, even although in the general orders of the com- manding general of the militia such rifle practice may be called a parade. Passed assistant (first) engineers, pay of. u The passed assist- ac f ] | t a a r t -^" 1 4 ^| ; ant engineers of the Navy shall receive during ,the third ch.35o ar ' live years after the date from which they take rank as passed (first) assistants, when at sea, two thousand four hundred and fifty dollars ; on shore duty, two thousand two hundred and fifty dollars ; on leave or waiting orders, one thousand nine hundred dollars. During and after the fourth five years from such date, when at sea, two thousand seven hundred dollars ; on shore duty, two thou- sand three hundred and fifty dollars; 011 leave or waiting orders, one thousand nine hundred and fifty dollars. And Eevised Statutes, section fifteen hundred and fifty- six, is hereby amended accordingly." This changes the provision of section 1556 of the Ee- vised Statutes, edition 1878. Patents for inventions. A naval officer, or employee of the^ 6 ^^^ 8 - Government at a navy-yard, who has invented an article 407,kmer*octi,' for use in the naval service and patented it, if the inven- f^Lin^of TT' . . / oanipDeii, JI tion does not relate to a matter as to which he was spe- s.R.,356;ii. cially directed to experiment with a view to suggest im- provements, is entitled to compensation from the Govern- u. s. R., ment for the use of such article in addition to his salary Ji or pay as such officer or employee. ^ 128 u - s - It makes no difference that the invention consists of an improvement upon an article already patented, and that 500 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. when the improvement was patented the officer or em- ployee was assigned to the duty of superintending for the Government the manufacture of the article improved upon. The Secretary of the Navy cannot legally contract with the patentee for the purchase of his patent, or for a license to use it, under an appropriation limited to the purchase of material and the employment of labor in the manufac- ture of such article out of it. 37?i e - V Rev ta stat 8 ' ^ atent rights Ensign. The Secretary of the Navy may law- si 3718; 20 A. G! fully contract with an ensign of the Navy for the purchase 2ar. ! 9 i89!?. illerf of patent rights and improvements in " B. L. R. ordnance" for use in the Navy when the ensign was not employed to make experiments, paid himself the expenses of obtain- ing letters patent, and when no expense was authorized or facility furnished by the Bureau of Ordnance to aid him in making or perfecting his invention. The former section (3721) applies to the case, and not the latter section cited. i558 6V 4 lfaf"L 8 ' Pa y and a ^ owances - The section of the Revised Statutes 757 ; 'H stat! L'.', cited declares the pay and allowances to naval officers. brick,' ur tPfe But Before the act of 1835 (4 Stat. L., 757) the Secretary 52 ; TLS.V. Alien! of the Navy could make allowance from appropriations in gross to naval officers, beyond their pay, for quarters, furniture, lights, fuel, etc., and the act of 1866 (14 Stat. L. 33), by repealing the statute of 1835, restored the right to make such allowances. a. i56i R xotes a in ( a ) ^ a V f an ffi c ^ r advanced in rank for eminent or con- li. s. statute's, P . spicuous conduct, etc. The pay of an officer who has been i506 ; n0 Young I', advanced in rank "for eminent or conspicuous conduct R' fis 19 ' Cl8> * n b^tle or extraordinary heroism" (see section 1506) is not one of the cases within sections 1561 and 1562, and can not run from a date anterior to that of his commis- sion. * i562?Siiin ta 8 ; 8 (^ Increased pay of a promoted officer. The words "the caseruA.G^p.? increased pay of a promoted officer shall commence from the date he is to take rank, as stated in his commission," as used in the statute of 1870, chapter 295, section 7, applied to such advancement or promotion in rank, and such only, as entitled the officer advanced or promoted to an increase of pay over what he received at the time his advancement or promotion actually transpired, the words "increased pay" being used relatively to the pay he then received. s Ise^AurtinV ( c ) ^ a88 f delayed examination. If the examination of a u.s..26c.c 8 is!R.; naval officer is postponed through no fault of his, and he, RwTiV' A^G! U I )OU examination afterwards, is found unqualified and is op., 592-, 116 u. suspended from promotion for one year, with correspond- ing loss of grade when reexamined (see section 1505), he is not entitled to the pay provided for by this section. (d) Mileage, allowances for. See Mileage, p. . (e) Rev. stat., (e) Storekeeper. The commander of a squadron can not u . s75 acjalX' appoint a civilian naval storekeeper, and a person so appointed can not recover salary as such. FEDERAL COURT DECISIONS - OPINIONS ATTORNEY-GENERALS. 501 (/) Duty as light-house inspector does not entitle to sea pay. (/> sc h o on- A naval officer assigned to duty as a light-bouse inspector, c. a cff R.^iVo.'' 19 although making tours of inspection by sea, is not enti- tled to sea pay. (g} Service of temporary character on vessels at anchor d ( (2^" At8e 1 l J^' * near shore not sea duty. derhSadPof ''si service and pay." (h) Compensation of retired o^ers. These sections super- 8 ( *y| e i5 9 3 ta jg sede and take the place of all provisions in force at the A.'G?Op.,3i7 ; . adoption of the Revised Statutes regulating the compen- sation of retired naval officers, whether of the line or staff. (i) Ketired officers not entitled to increased pay by reason (i> Thomiey v. nf Irmo-Pvitv U - S " 113 U - S -' 01 longevity. 3io ; i8C.cis.R. f 111 ; Brown v. U. S., 113 U.S., 568; 18 C. Cls. R., 537. (j) Half sea pay. A lieutenant retired in the first five years 0') Rev. stat., 58; 8. of service because not recommended for promotion is 5; tr. ; , entitled to only one-half his sea pay at the time of retire- J ment under the last clause of section 1588. co ; Rutherford v. U. S. id., 339; Magaw v. U. S., 16 id., 3. (7v) Furlough pay. The section cited does not apply to offi- passed (first) assistants, when at sea, $2,450, etc. (6) Rate of pay due a retired officer determined by the sec- <&> Rev. stat., firm Pi'tPrl s. 1588; Magaw w. tlOIl Clteu. F S 16 C Cls R., 3.' Pay accounts. Neither the longevity act nor the act of 22 stat. L., 472,- March 3, 1883, authorizes a restatement of an officer's 123 u.s.', 435 fsee pay accounts so as to allow him credit in the grade he gj| ^^note held before their enactment for the time he served in on a. ieob. the Army or Navy reaching that grade. (a) The act of August 5, 1882, was constitutional, but did (a) Barton's not create a vested right. 376? Harmon's (b) A naval officer is entitled to credit for services in the (&>' Jordan v. Army in computing his pay under the statute of 1883. S.', 62h 9 (c) The second proviso of the act of Augusts, 1882, merely w Hawkins . prohibits additional pay for volunteer service, and doesR^eii. 19 not forbid longevity pay founded on such service. Pay of the Navy and Marine Corps. Unexpended balances of Rev. stat., B. moneys appropriated for the pay of the Navy and Marine i 6 ? ; i8A .G.OP!! Corps for the fiscal year ending June 30, 1884, are available for the payment of the Navy and Marine Corps 502 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. for services rendered during the fiscal year ending June 30, 1885. i378 ev ' rr Sta s ' *'^ a y Corps, who constitute it. Only those officers commis- Monat, 124 u. s*,' sioned by the President. 303,308;22C.Cls. R., 293. (a) Rev. stat., (a) " Xo commanding officer of any vessel of the Navy shall be required to perform the duties of paymaster, passed assistant paymaster, or assistant paymaster." < & > i com. D., fj)\ The words "passed assistant paymaster" were added $ by the revision. i475 ev 'i6 St A.'' G. Pav inspector. In this section the title "Pay inspector" ex- op.,'4u, 65i'. presses both title and grade in the Pay Corps. This sec- tion confers upon such officers the rank of commander only by relation to the rank of a line officer of that grade, and not the grade of commander. By "relative rank" the grades of this Pay Corps are made equal to, but not identical with, the grades of the line with which they are thereby associated. .J- a) 22 + s A tat - L ; (-) In the active list of the pav inspectors there shall be i-Ku ; JU't .A-Uff. O, . i . . 1882. thirteen. ac?A S u*^i882? ;pa y directors. Hereafter the active list of the Pay Corps shall contain thirteen pay directors. 22 stat. L. 472; Paymaster's clerk. The act cited constitutes a paymaster's act jxiar. o, loeo ;../- ^ u.s. v. Hendee, clerk an officer. 124 U. S., 309; 22 C.Cls.R.,134. nnd e or r h f ea e d C of Pa y inaster passed assistant and assistant. " Pay Corps, "p . 285" ) a 2 c 2 tAug L 5; M That the acti y e list of the Pa y Corps of the Navy shall 1882. hereafter contain twenty passed assistant and ten assist- ant paymasters. 4693 eV 47^7 at '' art Pen8 i on ' dependent parent. The first section of the act of June 27,i8 ; 9o ; a i9 June 27, 1890, is to be regarded as an amendment of the Miller jSiV 5 io' section (4707) cited ; and, so regarded, the word " soldier" 1890. ' employed therein should be so construed to comprehend also sailor and marine, the term being used as a short expression to embrace all the persons under the first sec- tion cited, whose death entitled their parents to a pen- sion. i662 e ; r< justice^ Persons residing on lands ceded for navy-yards. Persons opinion, i Met. residing on lands ceded to the United States for navy- yards, forts, and arsenals, with State jurisdiction reserved only to serve civil and criminal process thereon, are not entitled to send their children to the schools of the town in which the lands are situated, or to a settlement or elective franchise there, by any length of residence, nor are they liable there for State, county, and town taxes. 5 wheat!', f53 ith> Pirates - Pirates may be lawfully captured by public or Rev. stat.,' s. private ships of any nation, in peace or war. 4294; the Mari- ana Flora, 11 Whtat.. 1 ; 3 Ma- BOD, 116. 42w e ; v '8e S e ta ai8o piratical aggression. Where an armed vessel attacks a ves- Mar Una &e ^ ^ ^ e ^ n ^ e< ^ States upon the mistaken idea that she * a , 11 wh* was a piratical cruiser, and without a piratical or feloni- ; 3 Mason, 116. ous intent, and with no purpose of wanton plunder or FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 503 malicious destruction of property, it does not constitute a piratical aggression within this section. (a) Extends to foreign vessels. The provisions of the stat- < a > Id - ute cited extend to foreign vessels, and no matter what liability the United States may incur to foreign States the courts are bound to carry them into effect. (6) American vessels offending. American vessels offending <&> id. against our laws may be seized upon the ocean, and any foreign ship offending within our territorial jurisdiction may be pursued and seized upon the ocean and brought in for adjudication. (c) Commissson bonafide. When a vessel receives a com- (r ^ ze Armed merchant vessel not in service not entitled to mac', Biatch. e pr! share. An armed merchant vessel which is not in the Cas.,574. service of the United States and has no commission from the Government is not entitled to share in the proceeds of a prize, although she is present at the capture and cooperates therein. 4624^3 staf'L 8 ' ( a ) Appraisal, etc., of property taken by Government. When- 314,8.27. a ever any captured vessel, arms, munitions, or other mate- rial are taken for the use of the United States before it comes into the custody of the prize court, it shall be surveyed, appraised, and inventoried by persons as competent and impartial as can be obtained, and the survey, appraise- ment, and inventory shall be sent to the court in which proceedings are to be had; and if taken afterwards, suf- ficient notice shall first be given to enable the court to have the property appraised for the protection of the rights of the claimants and captors. In all cases of prize property taken for or appropriated to the use of the Government, the Department for whose use it is taken or appropriated shall deposit the value thereof with the assistant treasurer of the United States nearest to the place of the session of the court, subject to the order of the court in the cause. 34o t) i7 6 w ( u' 99' W Tlie P inion cifce(i discusses the case of the steamer s*e ; also* T'UO Nuestra Signora de Eegla, and advises that there should Biatch ideas' be an a PP eal to tlie Supreme Court of the United States. 204. The claimants of the steamer were allowed damages for a detention for a period of 568 days. This the opinion considers excessive, and says that the number of days allowed for detention should be 274; and instead of allowance for detention there should have been allowed interest upon the value of the boat as appraised. 4822; I St'Ma!r t ."ffi' ( c ) Commissioners, prize, duties of. Under the statute cited J8G2 1 ; 12 stat/L.,' it was held that where the prize commissioners certified to 4 7 wau b !^4. 88au ' the circuit court that a prize steamer had arrived in the district and was delivered into their hands, there was sufficient evidence before the court that the vessel was claimed as prize of war and was in the jurisdiction of a prize court. 4641 .^A S ?O "' W Distribution between vessels. The distribution here con- 576: 'c. cis." ,' templated is that between vessels, or between vessel or vessels and the United States. They confer no right on the court to decree that the residue be distributed among individuals. 4639 I iTA S G a o"p 8 '^^ Expenses incident to sale, hoic paid The United States ass i; Root v. u.s.',' district courts can not make the expenses incident to the sale of prize money a charge upon the fund for defraying expenses of suits in which the United States is a party FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 505 under this provision, if there was a prize fund upon which to charge the expenses. (/) United States district courts and questions of prize. (/) The Army Such courts take cognizance of questions of prize by vir sprag^ 10 ^. \ tue of their general jurisdiction. A.GKOp.,86 ; The ..... 7 . , > > T * * 7 Siren,7Wall.,152. (g) Circumstances which warrant suspicion but not condemna- (g) TheThomp- tion. Prize courts properly deny damages or costs where 5n& 8 Ameifc*i there has been probable cause for seizure, which exists Cranch,i : 4 uaii., where the circumstances warrant suspicion but not con- Ma^n?24. e rge ' 1 damnation. (h] Capture without probable cause restitution. But if the . < fc ) T ., he charm- j. j -^ -u V.T iug Betsy, 2 capture is made without probable cause, the captor, even cranch, 6<; Ma- though in command of a United States war vessel, is lia- j? ^JjaSJajJ! ble to make restitution in the full value of the property oiution,' 2 Daii.^ injured or destroyed, although the vessel is afterwards J; The 1 Betsey, 1 2 taken from him by superior force. Bet, Adm., 330 ; The Grand Sa- cliem, 3 Dall., 333 ; The Anna Maria, 2 Wheat., 327. (i} Order of restitution. An order of restitution proves neu- trality, not lack of probable cause. 2. (j) Noncommissioned captor salvage. A noncommissioned captor can proceed only in the prize court as for salvage, the amount of which is discretionary and reviewable by ca the appellate court. (7v) Revising judgment of prize courts. The Executive can (*) n A. G. not revise the judgment of prize courts. (/) Disavoiving the capture. But it may disavow the cap- (i) The Fior- ture, and thereafter the courts can not condemn the ves- ida ' 101 u> s> ' 37 ' sels as prize. ( m ) Final disposition of a prize cause. A prize cause is finally g ( ^ 4 ?~ (w) Municipal forfeiture. A statute creating a municipal ton, 5 Wall., 376; V L f ., J? > J TT ^.11 L* The saiiy, 8 forfeiture does not override or displace the law of prize. J (x) L'invinci- (#) Exclusive cognizance of prize questions. The capturing We, i wheat., p Ower h as j n general the exclusive cognizance of prize uestions. e v. (y)~ Condemnations by prize courts. Condemnations by prize R.',I." 2 courts, being final in actions between individuals and as to the condemned vessels, give to purchasers a good title against all the world, but they do not bind foreign nations or bar claims which are valid by international law. ef Vwhfat ( z ) ^ a ^ s f inquiry f netitral powers. A neutral power 298 ; a The Santis- may inquire whether its neutrality has been violated. sima Trinidad, 7 id.. 283. MexSo^s'K ( aa ) lAbel in prize in case of piracy. To sustain a libel in i48?The Am- prize, a state of war must exist; in a case of piracy, the o P^ate is presumed to have declared universal war. Nuestra Senora, 4 Wheat., 497; Pr.Cas.,2Black., 635. <&6)9A.G.Op., (bb) Ascertaining nationality of a, vessel. Any measures which the commander of an armed vessel may take to as- certain the nationality of another vessel, beyond firing a blank shot, or, in case of delay, a shot across the latter's bows, is at his own peril. i Loidi h 95 Deer ' ( cc ) a l va( J * Salvage may be given in lieu of prize to per- sons not of the Navy. u. s. v. (dd) Irregularities corrected. Irregularities in prize cases g$t may be readily corrected. Cl8 ' proof is on the vessel. (hh) The saiiy (hh) Cases usually heard on the papers. Cases of prize are Magee, 3 Wall., usually heard, in the first instance, upon the papers found on board the vessel, and the examinations taken in pre- paratorio. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 507 (ii) Verification of ship's papers and examination ofcreic. (u) The Piz- The ship's papers should be brought into court and veri- g 1 2 wheat '' fied on oath by the captors, and the examination of the captured crew should be taken upon the standing inter- rogatories, and not viva voce, in open court. Kor should the captured crew be permitted to be reexamined in court, for they are bound to declare the whole truth upon their first examination. (jj) Act showing intention to seize. Some act should be a?) The a- done showing an intention to seize and retain as prize in^ 8 ' 9 order to constitute a capture; but it is sufficient if such intention is fairly to be inferred from the conduct of the captor. (kb) Capture by noncommissioned captor false claim, etc. g^^^f^ Whenever a capture is made by a noncommissioned cap- wheat., i. tor, the Government may, after a decree of condemnation and before the distribution of the prize proceeds, contest the rights of the captor, and the condemnation must be to the Government. It rests on the claimant to prove that his interest is neutral, according to the rules of the prize courts, and if it is not established beyond a reason- able doubt condemnation follows. The assertion of a false claim, in whole or in part, by an agent, or in con- nivance with the real owner, is a substantive cause of condemnation. (II) Ownership of property seized. When a vessel is HaWe w^ 6 ^}}? to confiscation, the first presumption is that the cargo is 451. also, and ownership thus presumptively in the enemy is not disproved by a test affidavit couched in general terms of denial and unsupported by other affirmative evidence. The ownership of property belonging to the enemy can not be changed while it is in transitu. The capture clothes the captors with all the rights of the owner which sub- sisted at the commencement of the voyage, and anything done thereafter designed to incumber the property or change its ownership is a nullity. (mm) What a libel in prize must allege. The rule is that a (1 ^> e T d h An 2 libel in prize must allege generally the fact of capture as wall., 431. prize of war. It need not allege the particular cause for which the vessel has been seized. (nn) The fact of capture gives jurisdiction. The filing of the ^"^Jjf ^JJ' libel is not necessary to give jurisdiction to a court of 8a admiralty over a vessel captured de jure belli. The fact of the capture gives jurisdiction. Property arrested as prize is not attachable at the suit of private parties, and if they have any claims against it they must present them to the court of prize. (oo) Decree of inferior court. The decree of an inferior court (M) The spring. will not necessarily be reversed because in its discretion ' it has allowed an invocation to be made on the first or original hearing, such invocation not beingregularly made on the first hearing, but only after a cause has been fully heard on the ship's documents and the preparatory proofs, and where suspicious circumstances appear therefrom. (pp) Mortgage on vessel or cargo held by innocent party. A mortgage on a vessel or cargo held by an innocent party 508 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. is not a jus in re so as to be protected by the law of nations in a prize court. It is a mere lien, and simply security for the debt for which it is given. (og) The Watch- (qq) No case made out, but suspicious circumstances. Where no case of prize was made out by the evidence, but there were other suspicious circumstances showing a prima facie case of violation of the navigation laws, and prob- ably of the revenue laws also, the court held that the proper practice was to dismiss the libel and to remand the case to the court below for an amendment of the libel, or for such other proceedings as the Government might, under all the circumstances, see fit to adopt. (rr) The Geor- (rr) FurUierproofs. Where both parties have taken further gia, 7 Wail., 32. proofs without objection, the inference is that there must have been an order for the same, or else that the deposi- tions were taken by mutual consent, and the court of appeals will not entertain a motion that all the deposi- tions except those in preparatorio should be stricken out or disregarded because it does not appear that any order has been granted on behalf of either party to take further proofs. (88) swan v. u. (ss) Distribution. The word "distribution" refers to two s., 19 c. cis. R., things : First, a division of the prize money between two or more vessels making or aiding in the capture, or between the capturing vessel or vessels and the United States; second, a division among the fleet officers and the officers and crew of a capturing vessel of the prize money awarded to her by judicial decree. The former must be decreed by a prize court, the latter by the Treasury and Navy Departments. () The Nas- (tt) Demands against property captured. Demands against SeiSromedai property captured as prize of war can be adjudged only in a prize court. s 4652 *Th' S Ad' f ( MM ) Recapture salvage. Cases of recapture are cases of line, 9 crenel prize. Salvage is an incident to the question of prize, and w 4 heat he 78 St T r he American property recaptured may be restored on pay- Ann Green, i nient of salvage. Gall., 274. 289. supra. Tl Star ' ( vv ) Sentence of condemnation extinguishes title. By the gen- eral maritime law a sentence of condemnation completely extinguished the title of the original owner, and where property was recaptured after a sentence of condemna- tion had been passed upon it the original owner was held Rev stat no * en ^led to restitution on the payment of salvage. s. ? 4624, The At- (ww) Vessels making capture. The vessels making the cap- T h^' 3 sTi a m a 25 i ture ma y include not onl y those doi ng damage by their fire, Loweii,30:iA.G. but also those which are near at hand, and by diverting op.,^594 id., the enemy's fire, etc., hasten the surrender. sc%um$L( xx \ Forfeiture, etc. Neither the act of July 13, 1861, pro- Hani p't o n, 5 viding for the forfeiture of vessels and cargoes in certain cases, nor the act of March 3, 18G3, to protect the liens upon vessels in certain cases, refers to captures jure belli; and neither affects the law of prize. " The case of The Sally is a direct decision of this court that a statute cre- ating a municipal forfeiture does not override or displace the law of prize.'' FEDERAL COURT DECISIONS - OPINIONS ATTORNEY-GENERALS. 509 (yy) Title, etc. ]STo title can be derived but from the acts, and seizures made jure belli by noncommissioned wi captors are made for the Government. The noncommis- sioned captor can proceed in a prize court only as for sal- vage, the amount of which lies in the discretion of the court, and unless there is a very clear case of mistake in the exercise of this discretion the appellate court will not interfere. (zz) Commanders of (Urisions and feet captains. By the g g^ 11 ^ 1 f_ ta ' statute cited, repealing all acts inconsistent therewith, op., 150.524;' ii paragraphs 1 and 2 of this section are to apply to com- j^f | ^ ^ manders of divisions and fleet captains from April, 1861 256 ; is stat. L M ' (the commencement of the late war), and the shares shall 63 be paid in the manner as provided for division command- ers in said paragraph 2, said payments to'be made out of the naval pension fund. (aaa) " Commander of a single ship." In the reenactment of < a H'i ?'!? \ ' ^ _ *^ - 1 - , / i in ol66Y6r, J.li U. the fourth rule the words " commander of a single vessel" s., 753. are here substituted for "commander of a single ship." (bbb) Laic regulating distribution of prize money. The law (666) n A. G. regulating the distribution of prize money among naval o $; 94) 102 ' 147) captors is a conditional grant by Congress which becomes absolute as soon as the conditions are fulfilled. (ccc) Proceeds of captured property. Apart from such ex- >cc> The Mer- press grant, the proceeds of property captured as prize p cas., 5&! c of war belong exclusively to the Government. (ddd) Torpedo steam launch is a "ship." A torpedo steam ( ddd ) v. s. v. ^ -i -i // i "> -i 0.1 j? j.i j Steever, supra: launch is a "ship" within the meaning of this act, anduA.a.Op.,150, under the last clause of rule 5 prize money is to be dis- | 6 ^ n ^ u l "s 6 & tributed among the subordinate officers and crew of ab. cis. k,Vi!' ship according to their pay at the time of the capture, unaffected by subsequent promotion as of that time. (hhh) Officer absent when capture is made. An officer absent (hhh) n A. GK on leave is not entitled to share in prizes captured during PM 32 his absence. (Hi) Rights of individual captors. The rights of individual (ut) Swanw.u. captors become fixed at the moment of capture. The '' supra * promotion of an officer after capture and before distribu- tion, though his commission takes effect from the date of capture, does not affect his share of the prize money. (jjj) When entitled to only one-half the prize money. Where 1 (jjj) The At- a captured vessel, which was of superior force to either of 42?! a ' 3 two vessels she proceeded to attack, but of inferior force to the two combined, fired on one, but was forced to sur- render by the destructive fire of the other at the second shot, the capturing force was held to be of superior strength, as both vessels must be counted, and conse- quently that they were entitled to only one-half the prize money. (Mk) Libel in prize. A state of war must exist to sustain o ^**^ -TheCi?y a libel in prize. of Mexico, 23 r. R., 148. (Ill) Piratical aggression. A vessel captured for piratical > 15 1876; i7 U 4. G'. ?46o P i46 4 i 95 we 8 re repealed by the i882. f Aug ' 5 ' Act June 22, Act June 15, Rev. stat., i444 ev 'i8 St A" G' OT>., 393, Garland] , 299; 4 Op., ( a ) Restive rank of. Professors of mathematics shall have relative rank as follows: Three, the relative rank of cap- tain; four, that of commander; and five, that of lieuten- ant-commander or lieutenant, The grades established in the six preceding sections for the staff corps of the Navy shall be tilled by appoint- ment from the highest members in each corps, according to seniority; and new commissions shall be issued to the officers so appointed, in which the titles and grades established in said sections shall be inserted; and no existing commission shall be vacated in the said several staff corps, except by the issue of the new commissions required by the provisions of this section ; and no officer shall be reduced in rank or lose seniority in his own corps by any change which may be required under the pro- visions of the said six preceding sections: Provided, That the issuing of a new appointment and commission to any officer of the Pay Corps under the provisions of this section shall not affect or annul any existing bond, but the same shall remain in force, an4 apply to such new appointment and commission. Form of commission - A commission to D., " a pay inspector from the - day of - , A. D. 187 , with the rela- tive rank of commander," gives the appropriate title and grade of the officer it names, and satisfies this section. ^ romo ^ on while on retired list. Attorney-General Brewster, in expressing an official opinion on the scope and mean- in & of tne section cited, says : "An officer who was retired as a commodore, and has since been promoted to the grade f rear-admiral on the retired list, under the act cited, is not entitled to any increase of pay by reason of his promotion." The first section of the act cited is in pari inateria with the provision touching the pay of promoted officers con- tained in the second, third, and fourth citations, and was designed to fix the commencement of the increased pay of promoted officers in active service only. The statute here cited, which declares that an officer promoted on the retired list shall not, in consequence of such promotion, be entitled to increase of pay, is applica- ble alike to officers promoted under section 1461, Revised Statutes, and to those promoted under section 1460, as amended. By act of August 5, 1882, it was, however, provided that thereafter there should be "no promotion or increase of pay in the retired list of the Navy." Promotion. February 18, 1886, E., a rear-admiral, was, un- der the section cited, transferred from the active to the retired list of the Navy, and T., a commodore (being first in the line of promotion), was, after having successfully passed an examination, nominated by the President to be a rear-admiral to fill the vacancy caused by the retire- ment of E. While this nomination was before the Senate FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 511 awaiting action thereon, T. attained the age of G2 years, and under the section cited was transferred froin the active to the retired list to rank as commodore : Advised, That, according to the law and usage of the service, T. was entitled to be rear-admiral from 18th of February, 1886, by relation, and to receive the pay of a rear-admiral from that date, and, if the Senate should confirm his nomi- nation, might be commissioned as a rear- admiral and placed on the retired list as of that grade. Promotion, examination for. By the statute cited in exami- Rev. stat., s. nation for promotion in the Navy no fact decided at a L., ias, eh, 267*1 previous examination is to be inquired into, unless such 2r h ^ 1 ?? ? M t> ' -,? 7, . . , ., n , n n m ! 1" ^- Ulfl. It., fact continuing shows the unfituess of the officer to per- eo*. form all his duties at sea; and where this rule has been violated the President may order a reexaniination. This act does not authorize the President and Senate to place officers on the retired or active list, or repeal the laws limiting the active force of the Navy. As a general act, it was intended to regulate appeals for special legislation on the subject, substituting a judicial inquiry in the department for investigations by its committee. (a) By the statute of June 22, 1874, a Navy officer promoted () Rev. stat., in course has the pay of the grade to which he is pro-L./m- moted from the date he takes rank therein, if subse- Sn quent to the vacancy he is appointed to fill. This cuts u. k, iV* cis! off increase of pay until promotion. R - 623 - Promotion, officers rejected from. u When the case of any Rev. stat., s. officer has been acted upon by a board of naval surgeons 1447< and an examining board for promotion * * * and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list. 77 (a) Proceedings without notice. If, upon proceedings taken (a)WA.G.op., by a naval board without notice to the officer interested, " its findings are approved by the President and the officer is retired, the order of retirement may be revoked and the officer allowed a hearing so long as the vacancy in the office remains unfilled. (b) Eight to be present. "Any officer whose case is to be g f^f ev - stat " acted upon by such examining board shall have the right 8 to be present, if he so desires, and to submit a statement of his case on oath." (c) Same as in the Army. "Act to provide for the examina- 32 i- &ct jSy 23] tion of certain officers of the Marine Corps, and to regulate 189 2- promotion therein.' 7 Promotion and pay, By the statutes cited a Kavy officer Rev. stat., aa. promoted in course has the pay of the grade to which be stat. ".Via" is promoted from the date he takes rank therein, if sub- Hu "* *-. A' sequent to the vacancy he is appointed to fill. This cuts amson . ul s.," off increase of pay until promotion. 19 c - cis.R.,623. Publications for official use. The head of a Department has Act Jan. 12, no right under the section cited to make a requisition onjfj 1 ^ j^ 2 ^ the Public Printer for a greater number of copies of pub- rad Actg. A. G., lications other than "bills and resolutions 77 than the June 22 ' 1896 ' 512 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. number of bureaus in the Department and divisions in the office of the head thereof. Lf lie makes the requisition under the general authority vested in his Department, and with the understanding that the cost is to be charged against the printing appro- priation for his Department, he has the right to make such requisition, and the Public Printer has no authority to pass upon the character of publications which he may deem essential for carrying out the work of his Depart- ment. i3?g eV 6 A S G*bp!' P ursers - I n the absence of a duly appointed purser the com- as?. ' mauder of a naval squadron on a foreign station may appoint an acting purser. or'- ( a ) ^ purser's pay stops when his resignation is accepted, U ' S '' although the office may be kept alive for settlement, ^s HOW "ss W P ursers are n t allowed extra pay for any official duty. Crabbe, 563; Car- penter v. TJ. S., 15 C. Cls. K.,247. w ( hite ' T S aney' ( c ) ^ avv agents are not allowed extra compensation. 152. at (< ?24 u ' 8*303" W Under section 1378 the Pay Corps is limited to officers 308; 22 c.' cis. R.', commissioned by the President, and clerks and others not so commissioned do not belong to the Pay Corps. (e) Rev. stat., (e) The appointment of a suitable person to act as purser derail. s, 8 22 a ?! ends when a regularly appointed paymaster reports for cis. R., 2i8'.' duty, and without discharge or revocation. ( /o Q Re s at-1 (/) A purser's bond to the Government, even when not 8. lOOO: \) . ). V. ^ ' '1 t 't t T 1 1 1_T i* Tiiigey, 5 Pet , prescribed by law, is valid as a common-law obligation, sl 5 6Wa n 7 g 88' ; iL and if nis duties are not defined by statute and are reg- s'. 1 v. Buchanan,' ulated by usages or the orders of the Department, these should be pleaded in a suit for breach of the bond, s &J* 6 !' l ta a" (9) The offices of Navy agent and of Navy pension agent o'p., 302; 4 A'. G! are not created by law, nor are their duties denned by H^'w^ki ?8 S 'i6 ^ aw ? ^ )U *' tne former and pursers are both disbursing offi- pet.,i25; u.'s.r. cers whose accounts are kept separately at the Treasury Cullis, 2 Curtis, nonaT>fcmf 617 : u. s. v. Wen- -LJepartmeiii. dell. 2 Clif.. 340. i579 eV He?b^rt I'. Rations. An apothecary in the Navy doing detail duty at r. s.',2ic.cis.R., the marine barracks is not entitled to a daily ration under | 3 . ; 2o"c\ cU i?.' the section cited. But petty officers and seamen attached 4 23. to and doing duty on shipboard, though not upon a sea- going vessel, are included in the words " ordinary of a navy-yard," and are entitled to a ration. The section does not authorize a ration for the apothecary of the Naval Academy when engaged on shore duty. .' 3o| ( a ) Cadets, boys, and men entitled to rations. The statute cited contains the following proviso: "That all enlisted men and boys in the Navy, attached to any United States vessel or station and doing duty thereon, and naval cadets, shall be allowed a ration, or commutation thereof in money, under such limitations and regulations as the Secretary of the Navy may prescribe." FEDERAL COURT DECISIONS - OPINIONS ATTORNEY-GENERALS. 513 Rank. Secretary of the Navy may adopt a rule to regulate 22 stat.L., 472; the relative rank of Navy officers, and afterwards rescind $[. g^V!' *. it and adopt another, and the civil courts can not inter- ^ h ] itn 7 >'' * ., . x , , ' Mackev, 370; see fere therein by mandamus. Gould and Tuck- Statute of March 3, 1883, chapter 97, appropriates for l^ ^ 11 ^ nine hundred masters, the title of which grade is hereby on 8 !' 410- see changed to that of lieutenants, and the masters now on J?"Jj l ^ 3 d ^ u 4 C 2i,' the list shall constitute a junior grade of, and be com- note on a. 1521. missioned as, lieutenants, having the same rank and pay as now provided by law for masters, but promotion to and from said grade shall be by examination, as pro- vided by law for promotion to and from the grade of masters; and nothing herein contained shall be so con- strued as to increase the pay now allowed by law to any officer in the line or staff. Recommendation of Retiring Board. The cited section 4 f 15 J eV a Ct S j?j jj* the statute of 18613 did not authorize the appointment iges/s!?; n J.G'. of an examining board to recommend the retirement or p -' 105 - promotion of naval medical officers. Reenlistment. Under the statute cited service in the Navy 1fi ^ ct , F ?k. 2 Ji ,-i -.-i J_T i j_ " J.oyo, en. loo ; / can not be counted, and a man can not be reenlisted as stat. L., 478, 01- a private unless he has already served as such in the ney ' Nov ' 23)1893 - Army for twenty years. Reexamination. President may order reexaininatioii where 14 Rev - stat -' 8 - the rule that no fact decided at a previous examination Thompson 8 *. tr f . shall be inquired into, unless such fact continuing shows l^ 18 c - cia. R., the unfitness of the officer to perform all his duties at sea has been violated. Regulations. "The orders, regulations, and instructions Rev - stat -. issued by the Secretary of the Navy prior to July 14, 1862, fig?, 5 j with such alterations as he may since have adopted, with Stat - L -> 565 the approval of the President, shall be recognized as the regulations of the Navy, subject to alterations adopted in the same manner." (a) The following words at the end of the original act, cited c in the margin, "Provided, That no order, regulation, or 148,494 ; 120 u'.s.'l instruction contrary to any act of Congress is hereby o b p., 10? id-ffc 6 ' recognized as valid," were omitted in the revision. These orders, etc., must conform to the law, if a law exists upon the subject, not covered by statute; the Secretary can not change the character of an officer's service from sea service to shore service by ordering that it be so re- garded." (b) The Army and Navy regulations have the force of law; _(&.) Gratiot but only with respect to a person or subject-matter over V. Ivi which the Secretary has official control. smith k 'wh? iiey, 116 U. S. f 180; J. Adv. Gen. Op., 116; 16 A. G. (c) The Navy Regulations concerning balances due deceased () " ' seamen and marines, wills of persons in actual service, 49 payment of arrearages under will?, etc., govern only those in the naval service, and do not bind the account- ing officers of the Treasury in the settlement of naval accounts. 376 - 33 514 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. Kev. stat., s. Rehearing. An officer retired by a board without being Op!! bo. 16 duly notified after he has had permission to be absent at home until notified may be given a rehearing by the President. 395 8 a a ?i'a d" Reinstatement '~ Cases ot Kobert B. Higgins, Clarence H. May u,i886. Matthews, and AVilliam B. Day. lor reinstatement. Mr. Higgins had been illegally deposed from perform- ance of the duties and from an enjoyment of the emolu- ments of the office of cadet engineer, and he accepted the office of second assistant engineer in the Kevenue Marine. Notwithstanding the two offices are incompat- ible, and that the general rule is that the acceptance of a second incompatible office operates as a resignation of the first, the acceptance of the second office was not in- consistent with an intent on Mr. Higgins's part to resume the exercise of the office of cadet engineer as soon as he might be recognized as such: Held, that in view of all the facts, what he has done does not amount to a resig- nation or abandonment of the office of cadet engineer, that he still holds it, and should be reinstated in the actual enjoyment and occupation of it. rYve S ii6 - u R s d ^ u ^ 16 cases ^ Matthews and Day, who were dropped 474 ^ e ieopoi 291 ' Repairs, provision for, on existing vessels of war. 42? e a'ct S Ma" i' Re P rt& to Congress by Secretary of the Navy, Clause 1 of i82o ; a i c com ay D.; the section cited isabbreviated and modified from thecited act, the part of which relating to the Secretary of War is stated in the revision in connection with his Department. (a) In clause 3 the word "showing.'' in first line, is here added, and the words " and showing," in the fifth line, are here substituted for " a statement" in the original act. i67 6) ch S sn- L 2i ^ Tabular statement of receipts. The Secretary of the stat. V., 33i,' ch. Treasury is required to transmit to Congress annually a tabular statement of the receipts and expenditures in the naval service under each appropriation, together with an account of balances in the hands of disbursing agents and a report of any amounts lost or unaccounted for by voucher. 12? oiue G ' () |' ^ eservat i n na val. restoration to public domain. Congress ,!*. 6] alone is competent to subject to general governmental uses land heretofore reserved from the public domain for the use of the Navy Department. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 515 Resignation of naval cadets. " Where a naval cadet tendered Kev. stat., as. his resignation, and it was accepted by the Secretary of ^op^o, 1 ^ the Navy and the cadet duly notified thereof, but in aier, July 8,'i889 : short time (about two weeks) afterwards the cadet made 97-0-. 8^436, 487*1 application to withdraw his resignation, which Avas granted by the Secretary, who at the same time instructed him to report to the Superintendent of the Academy: Held, that by the resignation and its acceptance the rela- tions of the cadet with the Naval Academy were com- pletely severed and his position there became vacant; that he could not be reinstated otherwise than by an appointment in conformity to the sections cited ; and that the secretary in permitting the withdrawal of the resig- nation after its acceptance had no legal effect whatever. Retired officers. The retired list in the Navy is filled from Rev. stat., 8 . the active list. The lowest rank of the active list is filled from without, and all the higher grades are filled by R.,604^ ' promotion. 5 "u." s.i* So! Brown v. U. S., id., 568; 18 C. Cls. E., 537. (a) Longevity pay. Officers on the retired list are not en- () ld - titled to longevity pay. (b) Mate, how paid. A mate appointed by private act upon <&> Bradbury t>. the retired list of the Navy with the rank of master is to J- ^ 20 c - < - ;ls - be paid as if retired from the rank of master. (c) Actual time. The act of March 3, 1883, chapter 97, < Thorniey e. (h) Officers on retired list, longevity. Xaval officers, when ' on* the retired list, whether commissioned or warrant, are 310: lo C. '-/IS. .K., , / iii; Brown r.u. not entitled to increase ot pay by reason of longevity. S., 113 U.S., 568; t Q r* C 1 ]^ "!> VI""* ' Mc-cin're v. (i) Retired in first five years of service. A lieutenant of the v S '^e?Thoi^p- Navy, retired in the first five years of service because sou v. r. s., i.. not recommended for promotion, is entitled to only one- rr. "Id^sso half his sea pay at the time of retirement, under the last i6 a i a i V ' ^' S>> c l ause f section 1588. (j) Rev. stat., (j) Furlough )>aij. The section cited does not apply to ofil- stat 588 s. ?5 e 93;' cers retired on furlough pay. An officer retired on fur- Brown v. Y. s.| lough pay is to be paid according to the provisions of A 3 aop'. 5 2 8 : 16 section 1593. Kcv. Stat., s. 1593; id.; 15A.G. Op., 316. (k) Rev. stat.. (k) Rate of pay, retired officers, fixed by section cited. 8.1588: Magawu. U. S., 16 C. Cls. Vz)'Rev. stat. () Longevity. Officers on the retired list are not entitled to increase of pay by reason of longevity. (m) Rev. stat., (m) Fire years'* service. The periods of five years' service r'.ufs! Jeoc 1 ?^ contemplated by the section cited for increase of pay are R-, 3. grades within section 1588. (n) Rutherford (n) Grades. The term "grade" refers to the divisions of R-Ym 18 officers into five-years 7 periods of service. (o) Supra. (o) Chief engineer , retired in the third period of five years' service, etc. TT. s. v . (p) Tico classes , line bettveen. The cause of incapacity .cS! marks the line between the two classes of retired officers B., i87;^ott . referred to in section 1588, those whose incapacity was IT'S. '' ' caused by the service being entitled to three-fourths of their sea pay and those whose incapacity was not so caused to one-half such pay. a i594 Re BrownV (#) D\ff erence of pay to certain officers. The statute (18 y. s,'ii3 u.^i Stat. L.) cited allows difference of pay to certain officers tt; ; i8 < 8&% < f tne ^ ay y' wn o were dropped, furloughed, or retired 304, ch. 30'. under the statute of February 28, 1855, and afterwards promoted and restored. The causes of the retirement of a naval officer, transferred under this section from the furlough list to the retired pay list, determine his rate of pay under section 1588 ; and an officer retired on furlough pay from causes not incident to the service can not be transferred to the 75 per cent retired pay list thereby provided by action of the Executive. *. ( iie?Tu S s a V ( r ) Construed liberally. The section cited is construed lib- p.ur< i.a'rd, 125TJ.' erally, and authorizes a transfer as of the time of plac- l.'/m. 19 ill g an officer on the furlough list. i^v. stat., 8. Retiring board. AVhat officers may be retired and the Au.3,i86i : ; stat! modus operan di thereof. L., vol. 12,291. r"<' J i8c n ci l 8 '( a ) Warrant officers. The statutes apply to warrant offi- u.'/uiiT. cefs, and they, as well as commissioned officers, may be retired. 8 u^Ict AU-' W Marine Corps. The Secretary of the Navy has discre- 3,i86i. M A .7. tionary power to select for the trial of officers of the Marine Corps such commissioned officers under his con- trol and orders as he deems proper. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 517 (c) Retiring boards. Composition of retiring board and g ( 1 c ,J 4 ^ ev stat appointed to the office of Chief of the Bureau of Yards and Docks is not bound to accept the salary provided therefor, but may demand that allowed him for perform- ing shore duty. Sealing vessels, seizure of. A naval officer to whom delivery 21 (part 2> A. is made of a vessel seized under the provisions of the mo? p 6ct. 3 s, ?. treaty has no authority to investigate the seizure or release the vessel. Seamen, deposit of the savings of. The act of February 9, ioop.,616. 1889, chapter 119, "to provide for the deposit of the sav- ings of seamen of the United States Navy," does not extend to enlisted men of the Marine Corps. (a) Amount of savings not limited. The act to provide for () Op. of At- the deposit of the savings of seamen of the United reS^s?? 61 ' 3 States Navy, approved February 9, 1889 (25 Stat., 657), does not in terms, or by necessary implication, limit the amount which may be deposited to savings earned dur- ing any single period of time. "The paymaster of the United States steamship San Francisco may receive from the chief boatswain's mate the sum of $900 as a deposit under the provisions of the act referred to, provided the $900 represents the 'savings' earned by the petty officer, as an enlisted man, or pettv officer, in the United States Navy/' Sea service and pay, as affecting volunteer officers transferred ,^ ev - stat., a. A T T- T "vr 1412 ; 14 j=L. (jr. to the Regular Navy. op.,i42. (<>} All other officers. Under section 1556 sea pay is due (a) TJJ. s. . Sy- for active service on a training ship stationed offshore, S^Yc^cia. R.',' although the Navy Department may have decided other- ^'S-V'*? 1 ^" c* ^ ^ , -I--T i A n /* i t OPi 120 U . o. 51 : wise. (See note, section lo Her. stat., (&) "At sea" defined. The words "at sea," in sections 1556 moid?' if 7 u.l an d 1571 > mean not out of sight of land, but upon the 120 u'. s.', 46; 21 Avaters of the sea, and sea service may include service iishop r R u 14 s 8; upon a training ship at anchor in an arm of the sea. 120 U. S.. 51; 21 C. Cls. R., 215; Emory v. U. S., 19 C. Cls. R.. 254; Barker v. U. S., id., 288; Carpen. ter v. U. S., 15 C. Cls. R.. 247. (c)See"Atsea, M ( c \ Temporary duty on a vessel at anchor near shore not sea defined above. \ ' * . * i i duty. A naval paymaster on shore duty at a navy-yard, having charge of the accounts of certain ironclads tem- porarily at anchor off the yard and in commission for sea service, was held not entitled to sea-duty pay. (d> See "Shore (d\ Shore duty not allowed except upon order of the Secre- duty,; 22 M*t kry of the Navy. SPEJS* >fS 'M Retired in first five years of service. A lieutenant 1588; McClurefl. v ' ,. , . \ J r* t"L i TJ. s., is c. cis. retired in the first hve years of service because not rec- ^Pa 3 y ?1 a a nd l aT omuiended for promotion is entitled to only one-half his lownces" and sea pay at the time of retirement, under the last clause of section 1588. scs ) ea % a y> chief engineers. A chief engineer retired in .,339'.' the third period of five years' service is entitled to 75 per cent of the sea pay of that grade, and not to the highest pay of a chief engineer who has served over twenty years. secret ?eb.' 25' Self-crimination of witness. H. was tried by court-martial 1868; i)eady,' j.', and found guilty of the offense charged. At the trial a T sawye? r 536' ; witness objected to answering a question on the ground ?f-ii Mi !lf c r v JM * of self-crimination, but the court required him to answer, Dillon,405;Cong. ,, . , , . ~., . Globe. 2d sess., thejudge-advocate reading in support of this requirement 95i h tne D %'om- the'scctiou cited i Held, that if the court committed an in.i i wealth v. error in compelling the witness to answer, the error is Hckl.^TO. 1 ' no ^ such as to require a disapproval of the proceedings. Whether the effect of that section is to take away from a witness the common-law privilege of declining to answer a question which tends to criminate him, when it is mani- fest that he could only be tried in the courts of the United States, qujure. 4i?fi6A St G t V) I K.' Se wers. The Secretary of the Havy can not grant to a city the right to construct and maintain, a sewer upon the grounds of a United States naval hospital. 43o 3 ^5 a stat' 2 L t ' Ships, wooden, repair of, when damaged in foreign waters. 467.' 4.-.7T] V 4579? t 2i A'. Shipwrecked seamen, withholding pay from. Where a United M ,'v 1 ' -M' ( ''is.; ' States consul-general has provided shipwrecked, destitute ThSopfaiionirM seamen with food, clothing, and passage to a port in this i4 a ?89? ed June country, the amount so expended should not be deducted from the wages of such seamen. FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 519 Shore duty. This statute provides " that hereafter 110 offi- 22stat. L.,48i ; cer of the Xavy shall be employed on any shore duty, act Mar- 3< 1883 ' except in cases especially provided by law, unless the Secretary of the Navy shall determine that the employ- ment of an officer on snch duty is required by the public interests, and he shall so state in the order of employ- ment, and also the duration of such service, beyond which time it shall not continue/' Speed premiums. The appropriation for special speed pre- ^ ct J^y. 26 > niiums made by the statute cited is not limited in its A. d. Op., M/OI- application to premiums earned prior to January 1, 1894. ney, Nov.ie, ISM. Status, officer. The status of Commander Joshua Bishop ^^'^A'' . Torpedo station. Tin* st;itut<> cited authorizes the Secretary of the Navy to consolidate and place under one command FEDERAL COURT DECISIONS OPINIONS ATTORNEY-GENERALS. 521 the torpedo station and the Naval War College at New- port, E. I., after January 1, 1889. Transfer of contract. A manufacturing company, after Rv. st&t., a. having entered into a contract with the Navy Depart- op.',i86." ment to deliver a large quantity of steel castings to be used in the construction of an armored cruiser, proposed to transfer the contract to another manufacturing com- pany, which contemplated fulfilling the covenants of the former company with the Government, and asked the approval of such transfer by the Secretary of the Navy : Advised that, in view of the prohibition of the section cited, the proposed transfer can not lawfully be approved and recognized by the Navy Department. Transfer of men from service in the Army to the Navy. The Rev stat - a - act of July 1, 1864, providing for the transfer of meii696. ; : from the Army to the Navy was intended more to meet certain exigencies existing at the time of its enactment than to establish permanent relations of the military and naval service. Transportation of enlisted men of the Navy Bond-aided rail- isre.Vu.'ijzo, 3 *. e road. The section cited is interpreted to include Beaften^^G-^tU.' as well as land troops. The Government having eon- lan. 6 * 1 tracted with the West Shore Railroad, a corporation of the State of New York; for the immediate transportation to San Francisco of certain en-listed seamen then in the city of New York, and a portion of the route being over railroads aided by the United States in pursuance of the act cited, and a question having arisen as to whether payment of said contract price should be made to the West Shore Railroad : Held, that the question was essen- tially a judicial one; that a construction should not be put on the law by the executive department that would enable the bond-aided railroad to receive payment from the Treasury for services that are in effect services ren- dered the Government; and that all compensation to the bond-aided railroad, in so far as such service was per- formed by the said aided railroad, should be withheld until the rights of such railroad are adjusted by an agree- ment in compliance with the terms of the law or are judicially determined. Traveling expenses. The statute cited provides " that no R e v - s*at,, allowance shall be made in the settlement of any account 297, ; ch. 8 if tat for traveling expenses (of officers traveling under orders) unless the same be incurred on the order of the Secretary of the Navy or the allowance be approved by him." (a) Officer entitled to actual expenses for travel in attending t () Opinion of as a witness, ctc.A.i\ officer of the Navy is entitled onlySTKa^ury! to actual and necessary expenses for travel performed in spt- 25 < i^ 7 < ^ attending as a witness before a United States grand johnHshipie y ; jury, in response to a subpuiiia, notwithstanding he may for milea s e - have been ordered by his superior officer to perform the travel in answer to said subpoena. Unexpended balances Cruisers. The unexpended balances ac f Ma^'issa' of the appropriations made by the act of March 3, 1883, ISA. G.Op.,566' ; cited, may be used in completing the hulls and machin- JSST 522 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. ery of the cruisers Chicago, Boston, and Atlanta, pro- vided the total expenditure shall not exceed the total estimated cost thereof as reported by the Xaval Advisory Board. The balance of the appropriation made for a specific purpose may be used for that purpose in the discharge of obligations imposed by a lawful continuous contract. ac?jni a * : '8'iM>2 ; Vacancies, Marine Corps. A question having arisen as to ch. 315? act octl whether the officers to be promoted in the United States Op 8 ?! 5 ?- 1 and L* ^ ar i ne Corps to vacancies existing in the offices of major, 398- 20 A. G. Op.] captain, and first lieutenant, said succession of vacancies MU8? ter| Aug ' having been created July 10, 1892, should or should not be examined under the act providing for the examina- tion of certain officers of the Marine Corps and regulat- ing proceedings therein, of date July 28, 1892, chapter 315, the opinion was given that the promotions under consideration might be made without the examination in question. n? e \i9 S iso'\si' Vacancy in head of Departments. Where there is a vacancy 20 A. G. op., 8,' in the head of a Department, it can not be temporarily Miiier, Jan. si, fi\\ e( [ f or a longer period than ten days, either by opera- tion of law or by designation of the President. In so far as the second opinion cited holds that twenty days may be taken by the President, by allowing the statutory IT A. G. OP., occupation of the office for ten days without designation and then making a designation for an additional ten days, not accepted. s 2 5 2 ^sut 5 !- 9 '^ 6886 * 8 ' nava ^ provision for the appraisal and sale of con- 291,476. " demned vessels; provision for the preservation and re- pair of. Harmon's Case, Vested rights. The act of August 5, 1882,was constitutional, Hannon : 8 SL, but did not create for the officer referred to a vested right, Graiub'V R caBe ; ^ naval cadet has no vested right to appointment as i 23t ish the witness in such case, either summarily or other- wise, as for a contempt. Such power can only be exercised by it when given by the positive terms of some statute. The section cited arms the court with authority to com- pel the witness to appear and testify, so far as this can be done by process; but in securing his testimony the court is restricted to the means which it is thus author- ized to employ. It can not inflict any punishment where the power to impose it is not clearly conferred by Con- gress. Works, public. The Secretary of the Navy has no power _Rev v stat., as. to incur any obligation for work on an uncompleted dry lupart?)' 1 5 G. dock when its appropriation has been exhausted, evenp- T 288 - Har- ,. J f. . . mon, Jan. 2, 1896. though immediate action is very important. Writ of prohibition. This writ does not lie to the Secretary smith v. of the Navy convening a naval court-martial. uTs. 4 Mackey, 535. Yards, navy. By the statute of June 30, 1876, cited, no in- isjj^'jfjj^ JJj, crease of the force at any navy-yard is to be made within /nne so, i876,ch. sixty days next before any election for President or Mem- ^ 9; 19 stat> LM . ber of Congress except upon the Secretary of the Navy's certificate of public necessity therefor, which certificate is to be immediately published. Officers appointed to locate. Navy commissions of officers 2stat. L.,463. to be appointed to locate yards on or near the coast of the Gulf of Mexico and the South Atlantic coast, and an- other in Oregon, Washington (Territory), or Alaska; and to report to the Secretary of the Navy, who shall trans- mit said report, with his recommendations, to Congress. ADDENDA. UNITED STATES STATUTES ENACTED BY SECOND SESSION FIFTY- FIFTH CONGRESS. That to reimburse the survivors of the officers and crew Mar - 30 1898 - of the United States steamer Maine, destroyed by an explo- A^ act for the siou in the harbor of Havana, Cuba, on the fifteenth day of & by thVde". February, eighteen hundred and ninety-eight, for losses g^g^L^ incurred by them, respectively, in the destruction of said the Yarbo" 'of vessel, there shall be paid to each of said survivors, out of IIavaDa ' Cuba ' any money in the Treasury of the United States not other- wise appropriated, a sum equal to the losses so sustained by them: Provided, That the accounting officers of the Treasury shall in all cases require a schedule and affidavit from each person making a claim under 'this Act, such, schedule to be approved by the Secretary of the Navy; and reimbursement shall be made for such articles of cloth- ing, outfit, and for such personal effects only as are of a character and value and in quantity suitable and appro- priate to the rank or rating and duty of the person by whom the claim is made: Provided further, That in no case shall the aggregate sum allowed for such losses exceed the amount of twelve months' sea pay (without rations) of the grade or rating held by such person at the time the losses were incurred. SEC. 2. That the widow, child, or children, and in case there be not such, that the parent or parents, and if there be no parent, the brothers and sisters, of the officers, en- listed men, and others who were lost in the destruction of said vessel, or who have died or who may die within one year from date of the disaster in consequence of injuries received in the destruction of said vessel, shall be entitled to and shall receive, out of any money in the Treasury of the United States not otherwise appropriated, to wit : The rela- tive, in the order named, of the persons heretofore referred to, a sum equal to twelve months' sea pay of the grade or rating of each person deceased as aforesaid: Provided, That the legal representatives of the deceased persons hereinbefore referred to shall also be paid from the Treas- ury of the United States any arrears of pay due the deceased at the time of their death: Provided further, That if any person who shall receive reimbursement under this Act, for losses incurred in said disaster, shall die within the year in consequence of injuries incurred in the destruction of said vessel, the amount so paid shall be deducted from the amount of twelve months' sea pay (without rations) allowed to such beneficiary by virtue of this Act of relief. 525 526 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. SEC. 3. That the accounting officers of the Treasury be, and they are hereby, authorized to continue for a period of three months any allotments which may have been made in favor of any relatives of the degrees hereinbefore enumer- ated by any of the officers and men attached to the Tinted States ship Maine who lost their lives in or in consequence of the disaster to that vessel: Provided, That the amount of the allotments so continued shall be deducted from the amount of twelve months' sea pay allowed to such benefi- ciaries by virtue of this Act for their relief. SEC. 4. That the relief granted by the provisions of this Act shall be in full satisfaction of any and all claims what- ever against the United States on account of losses or death by the destruction of the United States steamer Maine; and any claim against the United States which shall be presented and acted upon under the authority of this Act shall be held to be finally determined and shall not in any manner thereafter be reopened, reconsidered, supplemented nor be subject to appeal in any form; and the method of presenting and establishing said claims hereinbefore pre- sented shall be followed in lieu of those prescribed by acts or parts of acts heretofore enacted relating to the presen- tation and allowance of similar claims: Provided, That nothing herein" shall affect the right of any of the benefi- ciaries under this Act to any pension to which they may be entitled under existing law after the expiration of one year from said fifteenth day of February, eighteen hundred and ninety-eight. SEC. 5. That no claims shall be allowed under the pro- visions of this Act which shall not be presented within two years after the date of its passage. SEC. G. That the Secretary of the Navy be, and he is hereby, authorized, whenever in his discretion it may be deemed practicable and expedient, to cause the remains of all or any of those who perished in consequence of said disaster to be removed to the United States cemetery at Arlington: Provided, That the relatives of any of such de- ceased officers and others mentioned in this Act who prefer that the remains of such be taken to their homes within the United States shall ha\ r e such jnivilege extended to them, and the expense thereof shall be borne by the United States; and the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the provisions of this section. Apr, i, 1898. That such guns, ammunition, and other naval and mSS! ?"' a oi ; military supplies as may be purchased abroad by this duty of uavai Government for the national defense prior to January first, eighteen hundred and ninety-nine, shall be admitted at any port of entry in the Tinted States free of duty. Apr. 22, 1898. That the President is hereby authorized, in his discretion, ti.m""* pn.hih'i't' an<1 witl1 sucl1 limitations and exceptions as shall seem to the export of ooaa him expedient, to prohibit the export of coal or other uL d\Twk a rfron! material used in war from any seaport of the United States any seaport <>i until otherwise ordered by the President or by Congress. tin- L lilted States. PROHIBITIO1S 7 OF EXPORT OF COAL, ETC.. USED IN WAR. 527 The Secretary of the Navy is hereby directed to report , Ma y 4 * 189S - to Congress a suitable design lor a statute of David D. Design tor Porter, to be erected in the city of Washington, and thfeJSpit^ reasonable cost thereof. To enable the Secretary of the Navy to execute the pro- Depots forcoai. visions of section fifteen hundred and fifty-two of the Re- vised Statutes authorizing the Secretary of the Navy to establish, at such places as he may deem necessary, suita- ble depots of coal, and other fuel, for the supply of steam- ships of war, two hundred and fifty thousand dollars, or so much thereof as may be necessary. And whenever any officer, seaman, or marine entitled to Pensions of a pension is admitted to the Naval Home at Philadelphia, rf^ldSttedto 01 to a naval hospital, his pension, while he remains there, Naval Home to TUT 11 T i /' i j i j. j.i j be paid to Secre- shall be deducted from his accounts and paid to the becre-tary of Navy, tary of the Navy for the benefit of the fund from which such home or hospital, respectively, is maintained; and section forty-eight hundred and thirteen of the Revised Statutes of the United States is hereby amended accord- ingly. To reimburse the enlisted men of the United States Reimburse- - /r i 11 niji- !.,!. ment oi marines Marine Corps who incurred loss of clothing by the fires for loss of ciotn- which occurred at the navy-yard, Washington, District o f in s^y fi re. Columbia, on the twenty-second and twenty-ninth days of April, eighteen hundred and ninety-seven, fifty-one dollars and seventy-three cents: Provided, That the accounting officers of the Treasury shall in all cases require a schedule and certificate from each person making a claim under this Act. That section thirteen hundred and seventy of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows: "No person shall be appointed assistant surgeon until Appointment 11 i i j i_ -U j i? i f assistant sur- he has been examined and approved by a board of naval geous. surgeons designated by the Secretary of the Navy, nor who is under twenty-one or over thirty years of age, inclu- sive." The President is hereby authorized to appoint for tem- porary service twenty-five acting assistant surgeons, who shall have the relative rank and compensation of assistant surgeons. That no part of this sum shall be applied to the repair of ^Jg?* of wood ' any wooden ship when the estimated cost of such repairs, eu to be appraised by a competent board of naval officers, shall exceed ten per centum of the estimated cost, appraised in like manner, of a new ship of the same size and like material: Provided fur Hie r, That nothing herein contained shall deprive the Secretary of the Navy of the authority to cause the necessary repairs and preservation of the Preservation of United States ship Hartford or to order repairs of slrips/ Vd'. BI damaged in foreign waters or on the high seas, so far as may be necessary to bring them home. For completion, repairing, and preservation of machinery impair of steam and boilers of naval vessels, including cost of new boilers 5 niachinerv - distilling, refrigerating, and auxiliary machinery; preserva- tion of and small repairs to machinery and boilers in ves- 528 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. . sels in ordinary, receiving and training' vessels, repair and care of machinery of yard tugs and launches, six hundred thousand dollars: Provided, That no part of said sum shall be applied to the engines, boilers, and machinery of wooden ships where the estimated cost of such repair shall exceed ten per centum of the estimated cost of new engines and machinery of the same character and power, nor shall new boilers be constructed for wooden ships: Provided further, That nothing herein contained shall deprive the Secretary of the Navy of the authority to cause the necessary repairs and preservation of the United States ship Hartford or to order repairs of the engines, boilers, and machinery of ships damaged in foreign waters or on the high seas, so far as may be necessary to bring them home; And whenever, within the next twelve months, an exi- gency may exist which, in the judgment of the President, renders their services necessary, he is hereby authorized Appointment to appoint from civil life and commission such officers of pVSfdlnVtSth line and staff, not above the rank or relative rank meet emergency, of commander, and warrant officers including warrant machinists, and such officers of the Marine Corps not above the rank of captain, to be appointed from the non com- missioned officers of the Corps and from civil life, as may be requisite : Provided, That such officers shall serve only during the continuance of the exigency under which their services are required in the existing war: And proi-id.cd further, That such officers so appointed shall be assigned to duty with rank and pay of the grades established by existing law; and warrant machinists shall be paid at the rate of one thousand two hundred dollars per annum. Secretary of The Secretary of the Navy is hereby authorized and S aV ac a quh-e riZ by directed to cause to be commenced, within three months condemnation after the passage of this Act, and the Attorney-General is ForS^if^avy? hereby directed to carry on, proceedings for the condemna- tion of the following tract of laud for the use of the United States for the Norfolk Navy- Yard, for the purpose of con- structing a wet dock, and for other purposes, namely, the tract of land known as the Cedar Grove property, contain- ing fifty acres, with a water front of one thousand six hun- dred feet on the Elizabeth River, immediately opposite to the Gospoi t Navy- Yard, in the State of Virginia, under the Act of Congress approved August first, eighteen hundred and eighty-eight, entitled u An Act to authorize the con- demnation of land for sites of public buildings, and for other purposes," and other laws of the United States, so as to completely vest in the United States the title of said land. And all such proceedings shall be reported to Con- gress at its next session by the Secretary of the Navy. Medals of hon- That the Secretary of the Navy be, and he is hereby, by 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 Acts approved December twenty first, eighteen hundred and sixty-one, and July sixteenth, eight- een hundred and sixty-two, 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 ADDITIONAL FORCE CONSTRUCTION OF DRY-DOCKS. 529 be prescribed and established by the President of the United States, and any appropriation that may hereafter be available for the contingent expenses of the Navy Depart- ment is hereby made available for the purposes of this Act : Provided, That whenever a ribbon issued under the provi- sions of this Act shall have been lost, destroyed, or ren- dered unfit for use, without fault or neglect on the part of the person to whom it was issued, the Secretary of the Navy shall cause a new ribbon to be issued to such person without charge therefor. To enable "the Secretary of the Navy to enlist, at any Additional time after the passage of this Act, as many additional sea- men, landsmen, and boys as he may deem necessary to man Cor P 8 - the ships of the Navy, or in use by the Navy, as a tempo- rary force therefor during the existing war, and for pay of the same and of the temporary additional officers and war- rant machinists hereinbefore authorized, eight million eight hundred and thirty thousand dollars, or so much thereof as may be necessary; and to enable the Secretary of the Navy to enlist, at any time after the passage of this Act, the following additional force for the Marine Corps as a temporary force during the existing war, namely, not more than sixty gunnery sergeants with rank of first sergeants, not more than eighty corporals, and not more than one thousand five hundred privates, and for pay of the same, including the temporary additional officers hereinbefore authorized, and for provisions, clothing, fuel, military stores, transportation and recruiting, and for contingent expenses, on account of said additional force, five hundred and sixty- seven thousand nine hundred dollars, or so much thereof as may be necessary. Toward the construction of four timber dry docks, * wo of c d r ns d r ^ tion hundred thousand dollars each; in all, eight hundred thousand dollars ; said dry docks to be not less than seven hundred feet in length, and of other dimensions sufficient to meet the present and probable future requirements of the largest vessels of the Navy and auxiliary fleet. One of these docks to be located at the navy-yard, Portsmouth, New Hampshire, to cost, when completed, not exceeding eight hundred and twenty- five thousand dollars; one at the navy-yard, Boston, Massachusetts, to cost, when com- pleted, not exceeding eight hundred and twenty-five thou- sand dollars; one at the navy -yard, League Island, Penn- sylvania, to cost, when completed, not exceeding eight hundred and twenty- five thousand dollars; and one at the navy-yard. Mare Island, California, to cost, when com- pleted, not exceeding eight hundred and twenty-five thou- sand dollars; and the Secretary of the Navy is hereby authorized, in his discretion, to build one of said clocks of granite or concrete faced with granite, and in such case the limit of the cost of said dock is increased two hundred thousand dollars. Toward the construction of one steel floating dock of domestic manufacture which shall be a combined floating and graving dock, two hundred thousand dollars, said dock to be located at the naval reservation at Algiers, Louisiana, 530 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. to be capable of liftiDg a vessel of fifteen thousand tons dis- placement, and twenty-seven feet draft of water, to cost, including moorings and wharf, eight hundred and fifty thousand dollars. The Secretary of the Navy may employ, and pay out of the appropriations for dry docks herein authorized, such additional expert aids, draftsmen, writers, and copyists as may be necessary for the preparation of plans and specifi- cations, to an amount not to exceed ten thousand dollars. And the Secretary of the Navy be, and is hereby, author- ized, under the limitations hereinbefore provided, to make contracts for the entire construction of said dry docks, and steel floating dock, and in each case the contract shall be awarded to the lowest best responsible bidder. The Secretary of the Navy is hereby authorized and directed to appoint a board of naval officers to determine the desirability of locating and constructing a dry dock of sufficient capacity to take the largest naval ship in the harbor of Galveston or in the harbor of Sabine Pass, or the waters tributary thereto, Texas, and a dry dock of the same capacity in the waters of Chesapeake Bay above the mouth of the Potomac River; and to report such finding to the next session of the present .Congress; and the sum of one thousand dollars, or so much thereof as may be necessary, is hereby appropriated to defray the expenses of said board, ^increaseofthe rp nat f or tne p ur p O se of further increasing the naval establishment of the United States the President is hereby authorized to have constructed by contract three seagoing coast-line battle ships carrying the heaviest armor and most powerful ordnance upon a displacement of about eleven thousand tons, to have the highest practicable speed for vessels of their class, and to cost, exclusive of armor and armament, not exceeding three million dollars each, one of said battle ships to be named the Maine; and four harbor- defense vessels of the monitor type, each having one or two turrets, and to cost, exclusive of armament, not exceed- ing one million two hundred and fifty thousand dollars each; and sixteen torpedo boat destroyers of about four hundred tons displacement, and twelve torpedo boats of about one hundred and fifty tons displacement, to have the highest practicable speed, and to cost in all, exclusive of armament, not exceeding sixmillion nine hundred thousand dollars; and one gunboat to take the place of the United States steamship Michigan, to cost, exclusive of armament, not more than two hundred and sixty thousand dollars, one gunboat said gunboat to be constructed on the Great Lakes or their 1 Lake8> connecting waters: Provided, That said construction of said gunboat shall conform to all existing treaties and con- ventions. And not more than two of said battle ships, and not more than two of said harbor- defense vessels, and not more than five of said torpedo-boat destroyers, and not more than four of said torpedo boats shall be built in one yard or by one contracting party, and the contracts for the construction of each of said vessels shall be awarded by the Secretary of the Navy to the lowest best responsible bidder, having in view the best results and most expedi- INCREASE OF THE NAVY PLANS, SPECIFICATIONS, ETC. 531 tious delivery; and in the construction of all said ves- sels all of the provisions of the Act of August third, eighteen hundred and eighty-six, entitled "An Act to increase the naval establishment," and amendments sub- sequently made thereto as to materials for said ves- sels, their engines, boilers, and machinery, the contracts under which they are built, except as to premiums, which are not to be offered, the notice of any proposals for the same, the plans, drawings, and specifications therefor, and dr ^f n ^J aud the method of executing said contracts, shall be observed and followed, and said vessels shall be built in compliance with the terms of said Act, save that 'in all their parts said vessels shall be of domestic manufacture except that no proposal for the torpedo vessels shall be considered unless the bidder is already in possession of adequate plant, and facture - that the advertisement relating to the proposals for such vessels may be published for three weeks only; and, sub- ject to the provisions hereinafter made, one and not more than one of the aforesaid seagoing battle ships, and one and not more than one of the aforesaid harbor-defense vessels, shall be built on or near the coast of the Pacific Ocean or in the waters connecting therewith: Provided, That if it shall appear to the satisfaction of the President of the United States, from the biddings for such contracts when the same are opened and examined by him, said ves- sel, or either of them, can not be constructed on or near the coast of the Pacific Ocean at a cost not exceeding four per centum above the lowest accepted bid for the other battle ships or harbor-defense vessels provided for in this Act, he shall authorize the construction of said vessel, or either of them, elsewhere in the United States, subject to the limitations as to cost hereinbefore provided. On account of the hulls and outfits of vessels and steam machinery of vessels heretofore and herein authorized, thirteen million six hundred and forty-eight thousand four hundred and seventy-three dollars : Provided, That section two or the Act entitled a An Act to increase the naval establishment," approved August third, eighteen hundred and eighty-six, be, and the same is hereby, amended so as to read as follows: "SEC. 2. That in the construction of all naval vessels the steel material shall be of domestic manufacture, and of the quality and characteristics best adapted to the various purposes for which it may be used, in accordance with specifications approved by the Secretary of the Navy." Toward the armament and armor of domestic manufac- Armor and ture for the vessels authorized by the Act of July twenty- ar sixth, eighteen hundred and ninety-four, of the vessels authorized under the Act of March second, eighteen hun- dred and ninety-five, of those authorized by the Act of June tenth, eighteen hundred and ninety-six, of the three torpedo boats authorized by the Act of March third, eighteen hun- dred and ninety-seven, and of those authorized by this Act, including the completion of ordnance outfit for the four harbor-defense vessels, the sixteen torpedo boat destroyers, and twelve torpedo boats named herein, seven million one 532 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. hundred and sixty-two thousand eight hundred dollars: Provided, That the total cost of the armor according to the plans and specifications already prepared, for the three battle ships authorized by the Act of June tenth, eighteen hundred and ninety-six, shall not exceed three million two hundred and ten thousand dollars, including all cost of nickel in the same, and exclusive of the cost of transpor- tation, ballistic test plates, and tests, and royalty for steel face-hardening process, not to exceed one-half cent per pound, and which can not be made use of without the pay- ment of royalty, and no contract for armor plate shall be made at an average rate to exceed four hundred dollars per ton of two thousand two hundred and forty pounds, includ- Names of ves- j n g nickel as aforesaid. That hereafter all first-class bat- tle ships and monitors owned by the United States shall be named for the States, and shall not be named for any city, place, or person until the names of the States shall have been exhausted : Provided, That nothing herein contained shall be so construed as to interfere with the names of States already assigned to any such battle ship or monitor. Equipment. Toward the completion of the equipment outfit of the new vessels heretofore and herein authorized, three hun- dred and seventy-five thousand dollars. Eiectricpiants. j^ or the installation of electric plants in gunboats num- bered ten, eleven, twelve, and thirteen, forty thousand dollars. The President it is further provided that whenever in the judgment of pr1atTon k fmmedt the President, the public inrerests may require he is author- ateiy available. i ze( j an( j empowered to make any or all the provisions and appropriations of this Act immediately operative and available. My 11, 1898. That in addition to the companies of volunteer militia Naval battalion now authorized in the District of Columbia there may be of organized not more than four companies of naval militia, which shall constitute a battalion to be known as the naval battalion of the National Guard of the District of Columbia. t " SEC. 2. That the officers of the naval battalion shall consist of one commander, and a staff to consist of one executive officer with the rank of lieutenant-commander, one navigating officer with the rank of lieutenant, one signal, ordnance, and equipment officer with the rank of lieutenant, one chief engineer, one paymaster, and one surgeon, each with the relative rank of lieutenant. comnT itionof SEC< 3< Tn . at eacu company shall consist of one lieu- tenant, one lieutenant, junior grade, two ensigns, and not less than sixty nor more than one hundred petty officers and enlisted men. SEC. 4. That in all matters not otherwise specially pro- vided for, the provisions of law which provide for the organization of the militia of the District of Columbia shall apply to the naval battalion. ? e dut al Sc 11 of SE 9' 5 * T ! iat # enera l routine of duty, discipline, and battalion. 6 c exercises of the naval battalion, and parts thereof, shall conform with the laws, customs, and usages of the Navy, as far as the same apply, and where they do not apply then such routine of duty, discipline, and exercises shall con- AUXILIARY NAVAL FORCE AND NAVAL MILITIA. 533 form to the laws governing the volunteer forceps of the District of Columbia. That a United States Auxiliary Naval Force is hereby May 26, 1898. authorized to be established, to be enrolled in such numbers united states as the President may deem necessary, not exceeding three jr5S}. iary Naval thousand enlisted men, for the exigencies of the present war with Spain, and to serve for a period of one year, or less, and shall be disbanded by the President at the con- clusion of the war. SEC. 2. That the chief of the United States Auxiliary . chief of the Naval Force shall be detailed by the Secretary of the Navy fo from the active or retired list of the line officers of the Navy not below the grade of captain, who shall receive the high- est pay of his grade while so employed. SEC. 3. That enlistment into the United States Auxiliary t J^ e ment in Naval Force shall be made by such officer or officers as the Navy Department may detail for the purpose, who shall also select from merchant vessels and other available sources such volunteers as may be deemed best fitted for service as officers in said force, and shall report to the Secretary of the Navy, for his action, their names and the grade for which each is recommended. SEC. 4. That for the purposes of this organization the ^Jj 11 in ^ d f ? coast line shall be divided into districts, each of which shall tricts. be in charge of an assistant to the chief of the United States Auxiliary Naval Force; and such assistant chiefs may be detailed by the Secretary of the Navy from the officers of the active or retired list of the line of the Navy, or appointed by him from civil life, not above the rank of lieutenant-commander. SEC. 5. That the officers and men comprising the United JJJ^J* officer8 States Auxiliary Naval Force shall receive the same pay and emoluments as those holding similar rank or rate in the Regular Navy; and all matters relating to the organi- zation, discipline, and government of men in said force shall conform to the laws and regulations governing the United States Navy. SEC. 6. That the chief of the United States Auxiliary JSjSJSSB Naval Force or such officers as the Navy Department may into auxiliary detail for such service, may, with the consent of the Gov- force< ernor of any State, muster into the said Force the whole or any part of the organizations of the Naval Militia of any State to serve in said Auxiliary Naval Force, and shall report to the Secretary of the Navy, for his action, the names and grades for which commissions in said United States Auxiliary Naval Force shall be issued to the officers of such Naval Militia, and shall have the power to appoint and disrate the petty officers thereof. SEC. 7. That the officers, warrant officers, petty officers, *,p-* i(l of fr t h2 and enlisted men and boys of the United States Auxiliary Na^yT" ' Naval Force thus created shall be paid from the appropria- tion "Pay of the Navy; 7 ' and the sum of three million dol- lars, or so much thereof as may be required, is hereby appropriated, from any money in the Treasury not other- wise appropriated, for the purchase or hire of vessels nec- essary for the purposes of this resolution. 534 LAWS RELATING TO THE NAVY, MARINE CORPS, ETC. May 26, 1898. That the temporary appointments made by the President joint resciii- on and after April twenty-first, eighteen hundred and ancf con a armin| ninety-eight, and up to the date of the passage of this joint certain tempera - resolution, of officers of the line and staff of the Navy, are of oEr^ofThe hereby ratified and confirmed, to continue in force during Navy. the exigency under which their services are required in the existing war : Provided, That the officers so appointed shall be assigned to duty with rank and pay of the grades estab- lished by existing law, and shall be paid from the appro- priation "Pay of the Navy." June s, 1898. ]? or special necessities of the various naval squadrons; support of for the charter or purchase of suitable vessels; for the ment! e8tablish ' increase of small craft attached to the various squadrons, Navy Depart- and for replacing such as may be lost or destroyed; for main- ment en cy taming and destroying communication; and for obtaining information, ten million dollars, of which sum not more than five hundred thousand dollars may be used to meet contingencies that can not be foreseen, but which con- stantly arise under existing conditions. iS" r ?nd f l u r ^ or P rov i s i ns an( i commuted rations for the seamen count an c and marines, which commuted rations may be paid to cater- raSon8 ninuteders ^ messes ? m cases of death or desertion, upon orders of the commanding officer, commuted rations for officers on sea duty and naval cadets, and commuted rations stopped on account of sick in hospital and credited to the naval hospital fund, subsistence of officers and men unavoidably detained or absent from vessels to which attached under orders (during which subsistence rations to be stopped on board ship and no credit for commutation therefor to be given); fresh water for drinking and cooking purposes; labor in general storehouses and paymasters' offices in navy-yards, including expenses in handling stores pur- chased under the naval supply fund, one million dollars. For purchase of clothing and small stores for issue to the naval service, the present fund being inadequate to meet the requirements of the service at this time, to be added to the "Clothing and small stores fund," one million dollars. June 16, 1898. That in every case in which a settler on the public land An act for the pf the United States under the homestead laws enlists or Emuettead sot f is actually engaged in the Army, Navy, or Marine Corps of tiers who enter the United States as private soldier, oflicer, seaman, or the military or . , . ,, . f. . ,, 72 of first class, assigned, etc 70 candidates, examination of 73 from District of Columbia, etc 72 constructors 75 courts-martial for cadets 77 court-martial for offenders 76 engineer division 70 engineers, steam 75 560 INDEX. Page. Naval Academy ; Naval cadets, ensign, vacancies how filled 74 grade of junior ensigns 74 graduates, Naval Academy, pay, etc 75 of Naval Academy to be ensigns 74 rank of 70 hazing at Academy. - 76 ineligible to reappointment 76 laws 73 line and marine coups division, etc 70 midshipmen, promotion to 74 Naval Academy 72 Academy, notice of vacancy in 72 cadets, name, etc 71 pay of 76 nominations, how made 72 number of 72 offenders to be court-martialed 76 pay of cadet midshipmen 76 naval cadets 76 professors, etc 76 qualifications 73 rations 76 recommendation, second , 73 special course of study, etc 75 storekeeper at Academy 75 studies not to be pursued on Sunday 75 vacancies, how filled 71,74 voluntary discharge of cadets, when made 75 where established 70 Naval cadets 70-77 constructors, assistant 77-78 Naval force, auxiliary 533 authorized to be established 532 chief of force 533 division of 533 enlistment 533 naval militia may be mustered in 533 pay from "Pay of the Navy" 533 pay of officers and men 533 Naval observatory 79 duties of professors "" 79 meridians 79 pay of superintendent 79 Naval storekeepers 79-80 bonds of 80 officers to act as storekeepers 1 79 pay of civilians, storekeepers on foreign staticms 80 officers acting as storekeepers 80 storekeeper at Academy 80 storekeepers at navy-yards 79 bond 79 officers to act as 79 on foreign stations 79 Naval stores, sale of 260 Naval supplies, admission free of duty 526 Navy, articles for the government of 7 Assistant Secretary of 230 claims for sea pay 163 Government Hospital, insane of. . .' 56-57 line officers of . 62-65 pensions '.'.'.'.'.'.'.'.'.'.'.'. 396 promotion and advancement in 103-107 seamen in " 123-130 vessels of 130-136 Navy Department, establishment of 229-235 appointment clerk in 234 of chiefs of bureaus 231 of judge-advocate-general 230 INDEX. 561 Page. Navy Department, appropriations 231 Assistant Chief of Bureau of Navigation, etc 232 messengers, pay of 235 secretary 230 books, custody of 231 Bureau of Medicine and Surgery, assistant to 233 medicine and surgery, tests 232 navigation, etc 232 provisions and clothing, title changed 232-234 supplies and accounts, etc 232 bureaus 229 chiefs of, exempted from sea duty 234 establishment of 231 chiefs of bureaus, appointment of 231 exempted from sea duty 234 pay of 234 rank and title of 234 rank of, retired 234 civil service 232 clerical force 234 commissions of all officers 231 seal, etc 231 commodore, when below rank of 234 contingent fund 233 contracts 231 equipment of vessels 231 establishment of Navy Department 229 expenditures, Secretary of Navy to report 233 expenses of Navy, tabular statement of 233 Judge- Advocate-General, appointment of 230 pay of 230 messengers, assistant, pay of 235 naval service, tabular statements of receipts, etc 233 stores, procurement of 231 Navy, Assistant Secretary, appointment of 230 pay of assistant messengers 235 chiefs of bureaus 234 rank of chiefs of bureaus, retired 234 when below that of commodore 234 receipts and expenditures, tabular statement of 233 records, custody of 231 of bureaus, custody of 231 reports to Congress by Secretary 232 sea duty, chiefs of bureaus exempted from 234 Secretary of, authorized 229 State, War, and Navy building 234 superintendent 235 superintendent's office 235 supervision 235 Navy, vessels for 530 additional force for 529 appropriation 532 armor and armament 531 battle ships, three 530 construction and machinery 531 electric plants 532 equipment 532 gunboat, one 530 harbor-defense vessels, four 530 names 532 plans and drawings 531 steel material to be of home manufacture 531 torpedo-boat destroyers, sixteen 530 torpedo boats, twelve 530 Navy yards and stations 80-84 arson of armory, arsenal, etc 83 civil engineers and storekeepers at navy-yards 81 officers, discontinuance of 81 376 36 562 INDEX. Page. Navy yards and stations, commandants, selection of 81 consolidation of torpedo station and naval war college contracts, existing, not affected 83 contributions, political day's labor eight hours eight-hour laws, prior existing contracts not affected 83 fuel... 82 hours of labor limited, etc labor, hours of laborers, selection of land to be purchased, etc., title to master workmen, selection of 81 prohibition on increase of force 83 punishment for violation, etc 82 purchase of land, restriction on - - - - 82 rate of wages salaries, etc 81 title to land to be purchased, etc wages, rate of Neutrality, alien enemies, etc 351-360 ambulance, definition of term 356 ambulances, rights of employees in 356 amelioration of wounded 355 arm badge 356 armed vessels to give bond on clearance - 353 arming vessels against people at peace, etc 351 to cruise against citizens of the United States 352 belligerents, right of 358 right of, to suspend convention 359 rights of, to control and visit vessels 358 wounded, etc., aid to 358 charges for quartering of troops, etc 356 collectors of customs, detention by 353 enforcement of provisions 352 evacuations to have absolute neutrality 356 execution of details of convention 356 flag and arm badge to bear red cross 356 for hospitals, ambulances, etc 356 sign of neutrality 358 white, with red cross 350 foreign commissions, accepting 351 service, enlisting in 351 vessels, compelling to depart 353 vessels of war, augmenting force 352 hospital ships, captured, to be under martial law 357 treated as neutral , 358 hospitals and ambulances, etc 355 employees protected, etc 355 respected as neutrals 355 to take away private property only 355 military, painted white 358 rights of employees in 356 international convention 355 marine, articles concerning 357 marshal, duties of, in removing alien enemies 360 merchant ship, cargo protected when 358 vessels performing hospital duty, neutral 357 military expeditions against people at peace, etc 352 neutrals, salary, etc., when in enemy's hands 356 notice of suspension, etc., of convention, to be given 359 removal of alien enemies 359 time for 359 return, conditions of 356 shipwrecked, or wounded, etc., boats picking up 357 soldiers incapacitated for service to be sent home 356 sick or wounded, to be cared for 355 INDEX. 563 Tajie. Neutrality, alien enemies, etc., staff officers, duties of 357 religious, etc., of a captured vessel, declared neutral 357 pay and allowance of ' 357 title, construction of 350 United States court, j urisdictiou of, over alien enemies 364 wounded and wrecked, picked up, can not be reclaimed 359 delivery of 356 exemptions for care of 355 houses where cared for, to be protected 355 sick and wounded sailors when embarked, etc 358 persons serving, to remain free 355 to be returned to their country, conditions 356 Oath of office 188-189 administer, who may 188 auditors may administer 165 custody of 189 diplomatic and consular officers, evidence of taking 300 duties, existing, not affected 188 fees, none to be charged 188 form of official oath 188 oath for certain persons 188 of members and judge- advocate 20 to be administered free by chief clerk, etc 189 official oath, form of 188 penalties, existing, not affected 188 rights, existing, not affected i 188 taking oaths or acknowledgments 189 to certain officers 25 Observatory, Naval 79 Offenses committed on shore 15 punishable by death 45 Officers, accounting 159 arrested, duty of 18 dismissed by President, etc 17 Officers, diplomatic a'nd consular 297 Officers, disbursing 213 Officers, pay of 151 Officers, warrant 138-139 Office, tenure of 194 Orders, neglect of 10 Passports, etc 338-339 Patents and patented articles 360-361 engines, marine, articles connected with 360 fees, patents without, etc 361 inventions patentable 360 patents for, previously patented abroad 361 monthly volume issued 240 Pay and allowances ' 89-101 additional allowances, none 94 pay, etc ,.. 96 allowance for subsistence 98 assignments for wages , 97 assistant engineers 92 naval constructors 93 paymasters 92 surgeons 92 surgeons, qualified for promotion 92 boatswains 93 bounty extended to all enlisted men 96 pay for reenlistment 96 cadet engineers 91 cadet midshipmen 91 captains .' 90 carpenters 93 chaplains chief engineers 92 of same rank 91 chiefs of bureaus.., , 95 564 INDEX. Page. P;iy and .allowances, civilians, storekeepers, etc 96 civil engineers % clerks to commandants, etc 93 to inspectors to paymasters commanders commodores crews of vessels taken by an enemy 97 of wrecked or lost vessels 97 delayed examination, in case of 95 detention beyond term of enlistment 96 directors and inspectors, medical pay enlisted men, pay of 96 ensigns 91 extra pay, extra salaries, etc 99-100 apportionment of compensation, etc 100 double salaries extra allowances 99 extra compensation, etc 100 extra compensation to civil officers prohibited 100 extra compensation to clerks prohibited extra pay, Mexican war 100 extra service holding two offices, etc., forbidden. 99 retired officers excepted in certain cases 91 fleet officers 91 furlough and furlough pay furlough pay 98 placing on furlough 98 .transfer from furlough to retired pay furlough pay - 94 gunners 93 honorable discharges, etc lieutenants lieutenant-commanders 90 masters 90 mates 91 midshipman, to be styled ensign midshipmen 91 naval constructors 92 navy 96,173 grades in 90 officers retired on furlough pay serving as storekeepers, etc passed assistant engineers 92 paymasters - surgeons 92 pay, commencement of, etc paymaster, person acting as paymasters 92 accounts to be allowed 96 pay not increased not increased by promotion 98 of enlisted men 96 of promoted officers, commencement, etc of retired officers 97 on active duty 98 professors of mathematics rear-admirals 90 retired 97 reenlistment 96 retired officers, pay of 97 rear-admirals 97 sailmakers 93 shore duty, duration, etc 94 when allowed, etc 94 surgeons 92 suspension of 19 INDEX. 565 # Page. Pay and allowances, third assistant engineers, retired 97 traveling expenses 100, 101 allowance to officers, etc 101 clerks, etc., sent away as witnesses 101 mileage to.officers 101 to be approved, etc 101 travel abroad 101 volunteer service 94 wages, assignments of 97 warrant officers 93 Pay corps '. 84-89 appointments, acting, on ships at sea 85 how made 84 assistant paymasters 88 qnaliiications of 84 bond not affected by new commission 86 bonds 85 new 85 official to be examined, etc 85 to be filed, etc 85 clerks of passed assistant and assistant paymasters 87 when allowed 87 when not allowed 87 commanding officers not to act as paymasters 87 directors and inspectors, pay 88 fleet paymasters, pay of 88 liability not affected 86 lieutenant of junior grade 87 loans to officers by paymasters 87 number of 84 passed assistant paymaster 88 pay directors and inspectors 88 paymaster, person acting as, etc 89 paymasters 88 of fleet 85 pay of fleet paymasters 88 persons acting as paymaster, etc 89 rank 87 storekeeper at Academy 88 Pay, mileage, etc 153-156 Paymasters, assistant, clerks to, etc 121-122 Pay of offi cers 151-152 absence, pay during 152 absent, pay when 152 allowances 153 brevets 152 colonel's pay, maximum 152 lieutenant-colonel's pay, maximum 152 longevity pay and retirement 152 computation of 152 mileage, etc 153 monthly payment 153 rates of 151 service pay 151 Pension funds 379-384 artificial limbs 384 bribery of United States officer 384 United States officer accepting 383 commanding officers to enter names, etc 382 embezzlement of pension money by guardian 383 entitled persons, pensions to be paid only to false claims, making or presenting 382 half-rating to disabled persons, etc 380 journals, transcript of, to be transmitted, etc 382 naval pension fund, investment 173, 379 rate of interest 380 navy pensions payable from fund officers, petty, to receive same as enlisted men 381 penalties^ how to be sued for, etc 379 566 INDEX. Paga Pension funds, penalty for retaining discharge papers, etc 383 prize money, etc 379 ten years' service, what aid received after, etc 380 Treasury, to be paid into 381 truss, application for : 384 trusses 384 trustee, Secretary of Navy to be 379, 381 wounded, etc., to be placed on pension list 381 Pension laws now in force - 385-399 accrued pensions, how and to whom paid . 398 active or retired list 396 alienage to be no bar 398 arm, increase to soldiers or sailors who have lost, etc 390 loss of, above elbow 390 loss of, at or above elbow 386 loss of one 391 loss of, pension same as for loss of. leg, etc 391 army and navy pensions 396 artificial limb 396 limbs and trusses 386,387 attorney, fee of 395 cadet engineers, etc 387 ceases, when 399 certificate of discharge, loss of 393 children, insane or helpless 395 commencement of pensions 388 deafness 393 death presumed from absence 399 dependent parties 394 desertion 397 disabled, totally 394,397 disability, removal of 387 discharge, honorable 394 embez/lement of pension money 396 eyes, loss of sight of both 387, 388 false oath to bo deemed perjury 393 felony for persons to falsely assume to be officers 390 feet, loss of both 387, 388 fine 396 foot, loss of one 391 loss of one, or totally disabled in 387 hand, loss of one 391 loss of one, or totally disabled in 387 hands, loss of both 387,388,394 imprisonment 396 incapacity, etc 390 increasing pensions of totally disabled soldiers, etc 385 invalid, service ninety days 394 Jeanette, survivors of, etc 392 leg, amputation of, at hip joint 389 increase to soldiers or sailors who have lost 390 loss of, above knee 390 loss of, at or above knee 386 loss of one 391 masters, mates, etc. , to have same rights as soldiers 399 Mexican war, pensions, etc 392 navy pensions 396 oaths 396 by United States officers 396 chief clerks to administer 396 officers in Navy, L' selection of 432 lands 432 public lands 434 punishment for breaking fences, etc 436 for cutting trees, etc 435 red-cedar lands 432 sale of timber and stone lands, etc 434 timber exported, seizure of 436 vessels employed in carrying, etc., forfeiture of 434 laden with live oak, clearance of 435 Retirement . . . 116-121 INDEX. 575 Page. Retirement, active duty 118 pay on 120 list, when restored to 119 lifter forty years' service 116 62 years of age, or forty-five years' service 116 assigned to command, etc 119 assistant engineers, third 120 causes incident to service, when retired for 119 chief of bureau, retired from position of 119 commanders of squadrons, selecting, etc 119 disability by an incident of the service 117 by other causes 117 findings 117 furlough pay, officers retired on 120 transfer from, to retired pay 121 liabilities 118 longevity pay 120 marine officers 146-149 misconduct, not to be retired for 117, 118 Navy and Marine Corps, retired officers may act as teachers 119 oath of members i 117 officers of certain ranks, etc 116 rejected for promotion 116 retired on furlough pay w 120 pay of retired officers 119 on active duty '. 120 privileges 118 powers and duties 117 promotion, pay not increased by 120 promotions and increase of pay, etc 116 rations 121 rear-admirals 120 retired, not to be, without a hearing 118 officers, no promotion 120 only for disability 116 retiring" board 117 revision by President 117 staff officers, relative rank of, etc 119 teachers, retired officers may act as _ 119 transfer from furlough to retired pay 121 vacancies by retirement 118 warrant officers, retirement of 117 withdrawn from command 118 Revenue-Cutter Service 436-439 cadets, appointment of 439 pay of ' 439 captains, qualifications of 437 chief of division 437 engineer, chief 437 no additional pay 437 first assistant changed 437 second assistant changed *. 438 engineers, grades of 437 title changed, etc 437 lieutenants, qualifications of 437 naval force, President to use 438 officers and men, number of 437 commissioned, appointment of 437 compensation of 437 number of, not increased 439 petty, and crew, wages of 438 powers and duties of 438 serving as part of Navy 436 to cooperate with Navy 438 promotion, examination for 439 rations 438 contracts for 438 retired officers, pay of 439 576 INDEX. Page. Revenue-Cutter Service, retirement of officers, board on seals, fur, preservation of 438 tribunal of arbitration at Paris, etc 438 vessels, unlawful, officers to seize 438 Kevolutiouary pension, etc 377 Revised Statutes ; Statutes at Large 281-267 acts of limitation passed since December 1, 1873, not affected 265 repeal of, etc . . . - 264 appropriation acts, title of 262 association 261 certification by Secretary of State 265 clause, enacting resolving company 261 county 261 crimes under revenue laws 263 definitions 261 distribution 266 embrace what 264 enacting clause 262 words, none, etc 262 form of statutes 262 general provisions 264 justice, fleeing from.... 263 laws, promulgation of 265 limitations 262 offenses, capital 362 not capital 263 penalties and forfeitures under laws, etc 263 preparation for printing 265 preservation of copies 262 printed copies to be evidence process, parties beyond reach of, etc prosecutions 264 provisions, general 261 repeal of 264 punishments 264 repeals, effect of 262 not to affect liabilities 262 not to revive former acts 262 resolving clause 262 revision relating to the district 265 rights, accrued, reserved 264 sale 266 seal 261 sections, arrangement and classification 265 numbering and frame of stereotyped, to be 266 superintendent of documents, statutes sold by 266 title of revision 265 vehicle 261 vessel 261 Rights, belligerent 358 Robbery 400 Rules for civil-service act 183 Rules of the sea 275,282,294 Salary of Department employees 181 Sale of property and materials 257-261 appraisers 258 appropriations 260 Bureau of Provisions and Clothing, title changed 259 cannon, rifled, to be tested, etc 260, 261 smooth-bore, may be sold, etc 260 examination of vessels 258 material, old, statement of process of sales 260 materials 257 money, penalty for withholding 260 INDEX. 577 Page. Sale of property and materials, moneys to be deposited, etc 259 naval stores, condemned, sale of 260 Navy 261 of old material, etc 173 ordnance material, disposition of 260 proceeds of sales of material 259 report to be made to Congress 259 small stores, value of issues, etc 259 stores, account of, to be taken 258 Treasury, Secretary of, duty of 258 unprofitable articles, sale of 259 value of issues of small stores, etc 259 vessels 257 examination of 258 not fit for further service, etc 258 unserviceable 257 War, Secretary of, duty of 258 Seals 306-307 Seamen in the Navy 123-130,322-330 applications 127 apprentices, etc 123 to be preferred, etc 124 Army and Navy 127 bounty outfit, naval apprentices to have 125 pay for reenlistment 129 consent of parents and guardians 125 crews of vessels taken by an enemy. ., 129 wrecked or lost vessels 129 deserting, arrest of 304 detention, additional pay for 126 beyond term of enlistment 126, 128 limit of 127 discharge, purchase of, etc 127 to soldiers and sailors, etc 127 enlisted men, number of, fixed 124 pay of 128 persons not to be 125 without limits of United States, etc 126 enlisting, when persons are prohibited from 124 enlistment, detention beyond term of 128 false, punishment for 125 of boys and others ^_ 124 term of 124 exception 127 expiration of term of enlistment, men to be sent home 126 firemen and coal heavers, additional pay for 128 fraudulent enlistment, punishment for 125 Government, liability of 130 held in service, how long, etc 126 home, seamen may have, etc 128 honorable discharge, certificates of, etc 127 form of 127 report of men entitled to, etc 128 to whom granted 127 interest 130 leave and liberty, duty as to granting 128 machinists, honorable discharge, pay, etc 129 in Navy, discharge of 129 mates, seamen may be rated as 123 money deposited to be accounted for, etc 130 national cemeteries, etc 129 naval apprentices, etc 125 training station, etc 123 Navy 124 enlistment papers, etc 125 pay, allotment of, etc 130 petty officers 124 promotion of seamen, etc 124 376 37 578 INDEX. Paga Seamen in the Navy, promotion to -warrant officers 12H punishment for fraudulent enlistment 251 rating not to discharge from enlistment 123 regulations, etc 130 men subject to, etc 126 sale of prize money or wages, to be discouraged 128 savings, may be deposited, etc 130 seamen, additional 124 shipping articles, etc term of enlistment 124 transfer from military to naval service wages, assignments of 129 Sea,rulesof 275 service Secretaries and clerks 121-122 assistant paymasters, clerks to 121 detail of officers to perform the duties 122 fleet paymasters, clerks to inspectors, clerks to 122 pay 122 paymasters at asylums, etc., clerks to 122 of fleets, clerks to, etc 121 of receiving ships, clerks to of vessels, clerks to 121 passed assistant paymasters, clerks to 121 secretaries and clerks from civil life not appointed when not allowed 121 yards, clerks at, discontinued 122 Selling, wrongfully 12 Service, merchant 322 previous 24 volunteer 137 Settlement, etc 174 Ships, wooden, repair of 527 Shipwrecks, losses by 167 Shore duty, employment on 25 Signals 289,296,343 Slave trade, kidnaping, coolie trade 440-448 apprehension of officers and crew 444 artists, when excepted 447 bond, when owners of foreign vessels shall give 445 bounty 445 bringing to United States kidnaped persons 442 Chinese or Japanese subjects, transportation of, etc 441 contract for service void 441 contracts for reception in Africa, of persons, etc 445 in West Indies, etc 446 void 446 disposal of persons on board seized vessels 444 emigrants, assisting, etc., unlawful 446 emigration, voluntary, etc 441 foreigners temporarily in United States, private secretaries of 447 immigration, no charge, etc 441 kidnaping and slave trade 441 master of vessel, how punished, etc 417 penalties, distribution of 445 penalty lor bringing to United States kidnaped persons 1 1:; for receiving persons to bo sold 443 prohibition of cooly trade 440 punishment for violation of sec. 2158 440 receiving or carrying away persons to be sold, etc 442 relatives, when excepted 447 removal of persons delivered from seized vessels 414 servants, when excepted 447 serving in American vessels transporting slaves 442 in foreign vessels transporting slaves 442 skilled workmen, etc., when excepted 447 transporting persons to be held as slaves 442 INDEX. 579 Page. Slave trade vessel, condemned, proceeds of, distributed 444 examination of 441 forfeiture of, etc 443 forfeiture of, transporting slaves 443 penalty for building, etc 443 vessels, armed, instructions to 446 armed, instructions to commanders of 445 armed, use of 444 building, to engage in cooly trade, punishment 440 captured, to what port sent 445 employed in cooly trade, to be forfeited 440 equipping for slave trade 441 seizure of, engaged in slave trade 444 violation of act, penalty for 447 Soldiers' homes, inmates of 389 Spies 9 Staff officers, rights of 64 Stamps, official 408 Statutes-at-Large 261 Statutes, Revised 261 Statutes, United States, relating to Navy, etc., construction of 454 Stealing 12 Steam machinery, repair of 527 Stewards, hospital, pay of 535 Storekeepers, naval 79, 80 Striking, flag, or superior officer 8,9 Surgeons 67,68 pay of 92 assistant, President authorized to appoint 527 Sundry civil act 427 Superintendent Naval Observatory, pay of 79 Supplies, contracts, etc 28-44-171 dealing in 11 Survey, Coast 274 foreign hy drographic 175 Table of foreign coins 227 Table of weights and measures 228-229 Telegraphs 428 Temporary vacancies 193-194 appointments, temporary, limited 194 restriction on 194 authority, discretionary, of President 194 compensation, extra, disallowed 194 filled, how 193 offices, subordinate 193 President, discretionary authority of 194 Tenure of office 194-197 appointees to fill vacancies, etc., no salaries to 194 appointments, notification of, etc 196 commissions 195 nominations, notification of, etc 195 office, persons illegally holding, proceedings, etc 195 penalty for illegally holding office 196 rejections, notification of, etc 195 repeal of provisions relating to 195 salaries, none to certain appointees, etc 194 to officers improperly holding over 194 unauthorized office, no salary for 194 Theft 307 Timber lands 432 Treason, rebellion, conspiracy, and insurrection 448-453 Army and Navy 451 Confederate service not to disqualify 451 conspiracy to defeat enforcement of laws 452 correspondence, criminal, with foreign Governments 451 enlistment to serve against United States 452 foreign nations, correspondence Avith, to incite Indians to war 449 guilty, parties to conspiracy equally 453 inciting rebellion or insurrection, etc 451 indicted persons entitled to counsel, etc 449 580 INDEX. Page. Treason, rebellion, conspiracy, and insurrection, indictment, copy of intimidating witness, etc 452 invasion, orders of President in case of 44* jurors and witnesses, list of 449 messages, seditious, penalty for carrying 44 penalty for sending 449 militia, how apportioned 44* subject to rules of war 448 misprision of treason 451 office, conspiracy to prevent accepting or holding 4o3 power to suppress insurrection 450 proclamation to insurgents to disperse 450 protection of public property, arms to be furnished for of the laws, conspiracy to deprive of 453 punishment of treason 451 recruiting soldiers or sailors to serve against United States 452 seditious conspiracy - 452 State government, insurrection against 450 treason - 450 United States Government, insurrection against 450 Treasurer, assistant, reports of 221 Trials, etc 21 Trusses, application for United States statutes relating to Navy 454 construction of - 454 opinions of Attorneys-General in construction of Use and care of public property 251-257 arson of armory, arsenal, etc 253 of dwelling house, etc 253 of vessel of war 254 buildings, public, payments, etc 254 buying public military property 252 concealing, selling, etc. , public property 254 deposits, injurious, forbidden 256 destruction, unlawful, of public property 252 dredged matter, disposal of 256 embezzlement arms, stores, etc 254 deemed felony 252 equipments 253 fraud, crimes of 252 inventories of property 251 larceny of personal property of United States 254 line officer to bo appointed supervisor of harbor 257 New York Harbor 256 offenses punishable at discretion of court-martial 252 by death 252 permit, deviation from, etc to transport matter to dumping ground 256 proceedings, legal 257 punishment 256 of master or engineer, etc 256 robbery of personal property of United States 254 stealing, etc 252 wrongfully selling, etc 252 stolen property, knowingly receiving, etc 253 stranding, negligent 252 trial, when, etc 253 uniforms 253 vessel, willful stranding or injury of 252 waste of public property 252 water, flow to be shut off 254 Vacancies, temporary .' 193 Vessels, merchant 333 Vessels of the Navy 130-136 accidents, report of , 136 appraisement of vessels stricken from register 134 bidders, recpiirements from 134 coal depots 135 < ondemned vessels, removal of 134 INDEX. 581 Page. Vessels of the Navy, condition 135 distressed navigators, cruising to assist 132 examination of naval vessels 133 experiments by private builders 132 model tank for 132 four classes, their command _ 131 how officered and manned 132 to be used 131 lent for drill, etc 131 lost, accounts of 166-168 marking of 337 names of purchased vessels 131 name, two vessels not to bear same 131 Naval Militia 131 officers of Navy may be detailed, etc 136 to be citizens of United States 130 patented articles connected with marine engines 132 piracy, public vessels to suppress 135 power to employ vessels 135 public vessels to suppress piracy 135 quarantine purposes, vessels for, etc 136 rated, how 131 repairs of engines, restriction on 135 on hull and spars 132 on sails and rigging 133 restoration of vessels 136 restriction on repairs of engines... 135 rule for naming 131 sale of such vessels 134 of unserviceable vessels, etc 133 of vessels unfit to be repaired _ 133 sanitary condition of 426 schools not for penal purposes - 136 service, vessels kept in time of peace _ 131 ship keepers to be detailed 132 War Department, officers for service of 131 when to be delivered to purchaser 134 to be returned 131 wooden vessels, restriction on repair of 134 Volunteer service 137 acting assistant surgeons 137 only in time of war 137 credit for service in volunteer array and navy 137 for volunteer sea service 137 of time, etc 137 to marine officers 137 marine officers, credit to 137 pay volunteer service 137 Voters* qualifications of 24 Wages for naval service 25 War of 1812, pensions 376 Warrant officers 138-139 apprentices, preference in appointment, etc 138 appointment of 138 preference in, etc ' 138 benefits to 535 bonds of 139 gunners as keepers of magazines 138 number of 138 pay 139 promotion of seamen to 138 rank 139 rating not to discharge 138 seamen, promotion to 138 storekeepers, acting as 139 title........ 138 Warrants, form of drawing and charging 166, 174 Weights and measures 224 Yachts 342 SOI THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 5O CENTS ON THE FOURTH DAY AND TO $1.OO ON THE SEVENTH DAY OVERDUE. 3 T8ec* AN 9 1963 I.D 21- lOOm-7,'39< ! 996844 IL. , J THE UNIVERSITY OF CALIFORNIA LIBRARY