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An Act To fix the rank of certain officers in the Army.
[Act of Dec. 20, 1904, ch. 20, 33 Stat. L. 595.]

[Credit to artillery lieutenants for Marine Corps service.] That any second lieutenant of the United States Marine Corps who may have been appointed second lieutenant of artillery since the second day of February, nineteen hundred and one, and prior to the passage of this Act, shall, in determining his lineal and relative rank, be entitled to the same credit for prior commissioned service as a lieutenant of volunteers appointed under the Act entitled "An Act to increase the efficiency of the permanent military establishment of the United States," approved February second, nineteen hundred and one. [33 Stat. L. 595.]

The provisions referred to in the text are set out in vol. 7, pp. 1000, 1001.

Joint Resolution Relating to military badges.

[Res. of Jan. 12, 1903, No. 2, 82 Stat. L. 1229.]

[Badges for services in Chinese relief expedition.] That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organization in their own right. [32 Stat. L. 1229.]

[RETIREMENT.]

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[SEC. 1.] [Retired officers- detail with organized militia- longevity pay.] That in addition to the detail of retired officers now authorized by law, it shall hereafter be lawful for the Secretary of War to detail, whenever in his judgment the public interests require it, not exceeding twenty retired officers for service in connection with the organized militia in the States or Territories, upon the request of the governor thereof, and such retired officers shall be entitled, while so employed, to receive the full pay and allowances of their respective grades.

* * That hereafter, except in case of officers retired on account of wounds received in battle, no officer now on the retired list shall be allowed or paid any further increase of longevity pay, and officers hereafter retired, except as herein provided, shall not be allowed or paid any further increase of longevity pay above that which had accrued at date of their retirement.

[32 Stat. L. 932.]

This is from the Army Appropriation Act of March 2, 1903, ch. 975.

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[SEC. 1.] [Promotion for civil war service — detail with organized militia.] That any officer of the Army below the grade of brigadier-general who served with credit as an officer or as an enlisted man in the regular or volunteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, otherwise than as a cadet, and whose name is borne on the official register of the Army, and who has heretofore been, or may hereafter be, retired

on account of wounds or disability incident to the service, or on account of age or after forty years' service, may, in the discretion of the President, by and with the advice and consent of the Senate, be placed on the retired list of the Army with the rank and retired pay of one grade above that actually held by him at the time of retirement: Provided, That this Act shall not apply to any officer who received an advance of grade since the date of his retirement or who has been restored to the Army and placed on the retired list by virtue of the provisions of a special Act of Congress; and the Secretary of War may assign retired officers of the Army, with their consent, to active duty in recruiting, for service in connection with the organized militia in the several States and Territories upon the request of the governor thereof, as military attachés, upon courts-martial, courts of inquiry and boards, and to staff duties not involving service with troops; and such officers while so assigned shall receive the full pay and allowances of their respective grades. [33 Stat. L. 265.]

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This is from the Army Appropriation Act of April 23, 1904, ch. 1485.

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That

[SEC. 1.] [Pay of retired officers assigned to active duty.] retired officers of the Army above the grade of major, heretofore or hereafter assigned to active duty, shall hereafter receive their full retired pay and shall receive no further pay or allowances from the United States: Provided further, That a colonel or lieutenant-colonel so assigned shall receive the full pay and allowances of a major on the active list. [33 Stat. L. 831.]

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This is from the Army Appropriation Act of March 2, 1905, ch. 1307.

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[SEC. 1.] [Retired enlisted men-double allowance for service abroad.] That hereafter in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama; but double credit shall not be given for service hereafter rendered in Porto Rico or the Territory of Hawaii. [33 Stat. L. 264.]

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This is from the Army Appropriation Act of April 23, 1904, ch. 1465, superseding provisions of the Act of March 2, 1903, ch. 975, 32 Stat. L. 933, relating to service in China, and provisions set out in vol. 7, p. 1035.

[PAY AND ALLOWANCES.]

[SEC. 1.] [Pay of gunners.]

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of field artillery shall receive two dollars per month and second-class gunners [33 Stat. L. 260.]

ene dollar per month in addition to their pay.

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This is from the Army Appropriation Act of April 23, 1904, ch. 1485.

[SEC. 1.] [Pay of expert riflemen.]

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That expert riflemen,

hereafter qualifying as such, shall receive one dollar a month in addition to their pay.

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This and the paragraph following are from the Army Appropriation Act of March 2, 1903,

ch. 975,

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Hereafter, in all pay

[Monthly payments -computation.] ments to be made under the provisions of army appropriation acts, when the rate of compensation is annual, payinent shall be made monthly at the rate of one-twelfth of the annual rate, and of such monthly rate and of all other monthly rates of compensation one-thirtieth shall be the daily rate for computation of pay for fractional parts of a month; and for the purposes of this Act each and every month shall be held to consist of thirty days, whether the actual number of days be greater or less. [32 Stat. L. 934.]

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See note to preceding paragraph.

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[SEC. 1.] [Monthly payments to employees of Ordnance Department.] * * Hereafter all employees of the Ordnance Department whose rate of compensation is annual shall be paid monthly at the rate of one-twelfth of the annual rate, and of such monthly rate and of all other monthly rates of compensation one-thirtieth shall be the daily rate for computation of pay for fractional parts of a month; and for the purposes of this provision each and every month shall be held to consist of thirty days, whether the actual number of days be greater or less. [33 Stat. L. 276.]

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This is from the Army Appropriation Act of April 23, 1904, ch. 1485.

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That when a

[SEC. 1.] [Purchase of horses from officers.] mounted officer of the line is ordered to duty beyond the seas or to make a change of station in the United States in which the cost of transportation for the private horses which he is required to keep exceeds the sum allowed for that purpose in the Army Regulations, the Secretary of War is authorized, under such regulations in respect to inspection and valuation as he may prescribe, to permit the purchase of said horses by the Quartermaster's Department at a price not exceeding the average contract price paid for horses during the preceding fiscal year, from which sum shall be deducted one-seventh of such contract price for each year, or major fraction of a year, which may have elapsed since date of purchase by said officer. [32 Stat. L. 937.]

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This and the provision following are from the Army Appropriation Act of March 2, 1903, ch. 975.

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[Continuous service pay for enlisted men.] That all enlisted men of the Regular Army who served as commissioned officers of United States Volunteers organized in eighteen hundred and ninety-eight and eighteen hundred and ninety-nine, or who have served or may be now serving as such in the Porto Rico Provisional Regiment or in the Philippine Scouts, who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous-service pay and to count, in computing the time necessary to enable them to retire, as enlisted [32 Stat. L. 934.]

men.

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surgeons and contract dental surgeons on duty in Alaska, Hawaii, the Philip

pine Islands, and Porto Rico may transfer or assign their pay accounts, when due and payable, in the methods now provided by regulations for commissioned officers of the Army: * * [33 Stat. L. 266.]

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This is from the Army Appropriation Act of April 23, 1904, ch. 1485. A similar provision, without the word "hereafter," appeared in the Act of March 2, 1903, ch. 975, 32 Stat. L. 933.

[Reimbursement of expenses of burial and transportation of remains of officers and soldiers.]

The provisions of the Act of June 30, 1902, ch. 1328, set out in vol. 7, p. 1058, are repeated in the subsequent Acts of March 2, 1903, ch. 975, 32 Stat. L. 936; April 23, 1904, ch. 1485, 33 Stat. L. 269; March 2, 1905, ch. 1307, 33 Stat. L. 835.

[ARMS.]

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and individual

[SEC. 1.] [Sale of obsolete historical guns.] pieces of United States armament which are not needed on account of historical value, and can be advantageously replaced, may be sold at a price not less than their cost price, when there exist for such sale sentimental reasons adequate in the judgment of the Secretary of War or Secretary of the Navy. [38 Stat. L. 841.]

This is from the Army Appropriation Act of March 2, 1905, ch. 1307.

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[SEC. 1.] [Moneys from ordnance stores available to replace stores-sales to designers.] Hereafter all moneys arising from disposition authorized by law and regulation of serviceable ordnance and ordnance stores shall constitute one fund on the books of the Treasury Department, which shall be available to replace ordnance and ordnance stores throughout the fiscal year in which the disposition was effected and throughout the following year. Secretary of War is hereby authorized to sell to American designers such serviceable ordnance and ordnance stores as may be necessary in the development of designs which may be used in the military service: Provided, That such ordnance and ordnance stores can be spared for the purpose, and funds arising from such sales shall be available to replace like ordnance and ordnance stores. * [33 Stat. L. 276.]

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This is from the Army Appropriation Aet of April 23, 1904, ch. 1485.

[Right to use invention to be established before money expended.]

The provisions of the Act of March 2, 1895, ch. 162, set out in vol. 7, p. 1088, are repeated in the subsequent Act of March 3, 1903, ch. 1000, 32 Stat. L. 1027; April 21,

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1904, ch. 1407, 33 Stat. L. 237; Act of March 3. 1905, ch. 1402, 33 Stat. L. 848. The further provision set out in a note thereunder is also contained in the above-mentioned acts.

Volume X.

WATERS.

Act of Feb. 8, 1905, ch. 552, 433.

Use of Stone, Timber, etc., on Public Lands for Irrigation Works, 433.

Act of March 3, 1905, ch. 1459, 433.

Reclamation Fund-Proceeds from Sales, etc., to Be Covered into, 433.

Act of March 3, 1905, ch. 1421, 434.

Sec. I.

Certain Lands Reserved for Reservoirs Restored to Public
Domain, 434.

2. Right to Overflow Reserved, 434.

3. Preference Rights, 434.

4. Warning to Settlers, 434.

5. In Effect, 434.

Act of April 21, 1904, ch. 1402, 435.

Sec. 25. Reclamation and Disposal of Irrigable Lands in Yuma and Colorado River Indian Reservations, 435.

26. Pyramid Lake Indian Reservation, 435.

CROSS-REFERENCE.

Irrigation and Drainage Investigations, see AGRICULTURE, ante, p. 4.

An Act Authorizing the use of earth, stone, and timber on the public lands and forest reserves of the United States in the construction of works under the national irrigation law.

[Act of Feb. 8, 1905, ch. 552, 33 Stat. L. 706.]

[Use of stone, timber, etc., on public lands for irrigation works.] That in carrying out the provisions of the national irrigation law, approved June seventeenth, nineteen hundred and two, and in constructing works thereunder, the Secretary of the Interior is hereby authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone, and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him. [38 Stat. L. 706.]

The act referred to in the text is set out in vol. 7, p. 1098.

An Act To provide for the covering into the reclamation fund certain proceeds of sales of property purchased by the reclamation fund.

[Act of March 3, 1905, ch. 1459, 88 Stat. L. 1082.]

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[Reclamation fund proceeds from sales, etc., to be covered into.] That there shall be covered into the reclamation fund established under the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, the proceeds of the sales of material utilized for temporary work and structures in connection with the operations under the said Act, as well as of the sales of all other condemned property which had been purchased under the provisions

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