when exceeding

Provided, That when the compensation of any postmaster of this class shall reach one thousand dollars per annum, exclusive of commissions $1,000, salary to be adjusted. on money-order business, and when the returns to the Auditor for four quarters shall show him to be entitled to a compensation in excess of that amount under section seven of the act of July twelfth, eighteen hundred and seventy six, the Auditor shall report such fact to the Postmaster-General, who shall assign him to his proper class, and fix his salary as provided by said section:

Commissions to

when postmasters make false returns. R. S., § 3855. Form of affidavit

Provided further, That in no case shall there be allowed to any post- limit of. master of this class a compensation greater than two hundred and fifty dollars in any one quarter, exclusive of money-order commissions. That in any case where the Postmaster-General shall be satisfied that a postmaster has made a false return of business, it shall be within his be withheld, &c., discretion to withhold commissions on such returns, and to allow any compensation that under the circumstances he may deem reasonable: Provided, That the form of affidavit to be made by postmasters upon their returns shall be such as may be prescribed by the Postmaster-Gen- to returns by postmasters, and peneral; and any postmaster who shall make a false return to the Auditor, alty for false refor the purpose of fraudulently increasing his compensation under the turns, &c. provisions of this or any other act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sum not less than fifty nor more than five hundred dollars, or imprisoned for a term not exceeding one year, or punished by both such fine and imprisonment, in the discretion of the court;

R. S., § 3855.

Postmasters and

3920.

And no postmaster of any class, or other person connected with the postal service, intrusted with the sale or custody of postage-stamps, others in postal stamped envelopes, or postal cards, shall use or dispose of them in the as to sale of stamps, payment of debts or in the purchase of merchandise or other salable cards, and envel articles, or pledge or hypothecate the same, or sell or dispose of them opes. except for cash, or sell or dispose of postage-stamps or postal cards for R. S., § 3918any larger or less sum than the values indicated on their faces, or sell 1879, March 3, or dispose of stamped envelopes for a larger or less sum than is charged ch. 180, § 26. therefor by the Post-Office Department for like quantities, or sell or dispose of postage-stamps, stamped envelopes, or postal cards otherwise than as provided by law and the regulations of the Post Office Department;

And any postmaster, or other person connected with the postal service, who shall violate any of these provisions shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than fifty nor more than five hundred dollars, or be imprisoned for a term not exceeding one year.

Penalty.

[Par. 4.] That hereafter the Postmaster-General may appoint one agent One agent only only to superintend the postal railway service, who shall be paid, out of to superintend posthe appropriation for the transportation of the mail on railways, a salary ice; his salary. tal railway servat the rate of three thousand five hundred dollars a year, and no allowances for traveling or incidental expenses;

R. S., § 4020. 1880, June 11, ch. 206, § 1, par. 1. Reduction of compensa

And provided further, That the Postmaster-General be, and he is hereby, authorized and directed to readjust the compensation to be paid from tion for transportand after the first day of July, eighteen hundred and seventy-eight, for ing mails. transportation of mails on railroad routes by reducing the compensation R. S., § 4002. to all railroad companies for the transportation of mails five per centum 1875, March 31, ch. 128, par. 2. per annum from the rates for the transportation of mails, on the basis 1876, July 12, ch. of the average weight fixed and allowed by the first section of an act 179, § 1. entitled "An act making appropriations for the service of the Post 1879, March 3, Office Department for the fiscal year ending June thirtieth, eighteen ch. 180, 185, 0. hundred and seventy-seven, and for other purposes", approved July 206. 1880, July 11, ch.

twelfth, eighteen hundred and seventy-six.

*

1881, March 1, ch.96, ý 1, par.2 16 Opin. Att'yGen., 196.

Disbursement of

SEC. 2. That the disbursements of the moneys appropriated for the preparamoney for post- tion and publication of post-route maps be made by a regular bonded route maps to be disbursing-officer of the Post-Office Department, according to the laws, rules, and customs as recognized by the accounting-officers of the Treasury Department:

Topographer's office; pay-rolls of,

how made out and paid.

And provided also, That the pay rolls of the draughtsmen, clerks, messengers, and other employees of the topographer's office, shall be regularly made out by the chief of the topographer's office, examined and checked by the appointment-clerk of the Post-Office Department, and the payments thereof made by a bonded disbursing-officer of the Post-Office Department:

-expenditures for And also provided further, That all expenditures made by the chief of post-route maps; the topographer's office for the preparation and publication of post-route how vouched for. maps shall be accounted for by vouchers, accompanied by affidavit, and the moneys therefor shall be disbursed by a disbursing officer of the Post-Office Department;

- disbursem ents

of, to what appropriation charged. Repeal.

And all of the above disbursements shall be paid out of the appro priation for the preparation and publication of post-route maps.

SEC. 3. That all acts or parts of acts in conflict with the provisions of this act are hereby repealed. [June 17, 1878.]

CHAPTER 260.

June 17, 1878.

20 Stat. L., 143.

Cadet midshipmen; number and appointment of. Substitute for R. S., § 1513.

AN ACT REGULATING THE APPOINTMENT OF CADET-MIDSHIPMEN AND CADET-ENGI-
NEERS IN THE NAVAL ACADEMY, AND FOR OTHER PURPOSES.

Cadet-midshipmen; number and appointment of.
Officers in Navy may be advanced for eminent con-
duct in battle.

Rank not to be changed except by advice of
Senate, &c.

Be it enacted, &c., That section fifteen hundred and thirteen of the Revised Statutes shall hereafter read as follows:

"SEC. 1513. There shall be allowed in said academy one cadet-midshipman for every member or delegate of the House of Representatives, one for the District of Columbia, and ten appointed at large:

Provided, however, That there shall not be at any time more in said academy appointed at large than ten;

But the provisions of this section shall not be construed to apply to cadet-midshipmen appointed at large now in said academy."

Section fifteen hundred and six is hereby amended so as to read as follows:

Officers in Navy "SEC. 1506. Any officer of the Navy may, by and with the advice and may be advanced consent of the Senate, be advanced, not exceeding thirty numbers in duct in battle. rank, for eminent and conspicuous conduct in battle or extraordinary heroism;

for eminent con

Rank not to be

And the rank of officers shall not be changed except in accordance changed except by with the provisions of existing law, and by and with the advice and advice of Senate, consent of the Senate." [June 17, 1878.]

&c.

R. S., § 1506.

CHAPTER 261.

June 17, 1878.

20 Stat. L., 144.

AN ACT TO INCREASE THE PENSION OF CERTAIN PENSIONED 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.

Pension for loss of both hands, feet, or eyes increased.

Whereas, it is apparent that the present pension paid to soldiers and sailors who have lost both their hands or both their feet in the service of the country is greatly inadequate to the support of such as have families: Therefore,

Pension for loss

of both hands, feet, or eyes increased.

Be it enacted, &c., That on and after the passage of this act, all soldiers and sailors who have lost either both their hands or both their feet or the sight of both eyes in the service of the United States, shall R. S., §§ 4697, receive, in lieu of all pensions now paid them by the Government of 4698. the United States, and there shall be paid to them, in the same man- 1877, Feb. 28, ch. ner as pensions are now paid to such persons, the sum of seventy two 1879, March 3, dollars per month [June 17, 1878.]

73.

ch. 200.

CHAPTER 263.

AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL
YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEVENTY-NINE, AND
FOR OTHER PURPOSES.

SECTION

1. Signal Service to be maintained with force of 450 men.

2. Army Register; how to specify lineal rank of officers and military service.

3. Second lieutenants; who may be appointed as, &c.

4. Non-commissioned officers; how promoted. Board of examination.

Recommendation for promotion, &c., in staff corps.

5. Women not to accompany troops as laundresses, except, &c.

6. Military headquarters; where to be established.

7. In computing service for longevity pay, time of service as volunteers, &c., included.

Be it enacted, &c. [SECTION 1.]

*

Nothing, however, in this act shall be construed to prevent enlistments for the Signal Service, which shall hereafter be maintained as now organized and as provided by law, with a force of enlisted men not exceeding four hundred and fifty, after present terms of enlistment have expired.

*

*

1878, June 20, ch. 359, § 1, par. 8. SEC. 2. That in every Official Army Register hereafter issued, the lineal rank of all officers of the line of the Army shall be given separately for the different arms of the service;

And if the officer be promoted from the ranks, or shall have served in the volunteer army, either as an enlisted man or officer, his service as a private and non-commissioned officer shall be given, and in addition thereto the record of his service as volunteer.

SEC. 3. That hereafter all vacancies in the grade of second lieutenant shall be filled by appointment from the graduates of the Military Academy so long as any such remain in service unassigned;

And any vacancies thereafter remaining shall be filled by promotion of meritorious non-commissioned officers of the Army, recommended under the provisions of the next section of this act :

Provided that all vacancies remaining, after exhausting the two classes named, may be filled by appointment of persons in civil life.

SEC. 4. That to insure the selection of proper candidates for promotion from the grade of non-commissioned officers, company and battery commanders will report to their regimental commanders such as, in their opinion, by education, conduct, and services, seem to merit advancement, and who have served not less than two years in the Army; the reports to set forth a description of the candidate, his length of service as non-commissioned officer and as private soldier, his character as to fidelity and sobriety, his physical qualifications and mental abilities, the extent to which his talents have been cultivated, and his fitness generally to discharge the duties of a commissioned officer.

June 18, 1878.

20 Stat. L., 145.

Signal Service to be maintained

with 450 men.

R. S., § 1196. 1876, July 24, ch. 226, § 1.

1879,June 23,ch.35. Army Register; eal rank of officers how to specify linand military service.

Second lieuten

ants; who may be appointed as, &c. R. S., § 1213. 1878, June 11, ch. 181, § 2.

Non-commissioned officers; how promoted.

ination.

If recommended on account of meritorious services, the particular services referred to must be stated in detail.

On receiving the reports of company or battery commanders, the regimental commander will forward the same to the department commanders, with such recommendation of non-commissioned regimental staff as he may deem worthy of promotion; and the department commander shall Board of exam- annually assemble a board to consist of five officers of as high rank as the convenience of the service will admit, to make a preliminary examination into the claims and qualifications of such non-commissioned officers. The board, constituted as above shall submit a full statement in the case of each candidate examined; and on the said statements, the department commander shall indorse his remarks and forward them to the Secretary of War by the first day of June in each year.

Recommenda

The Chief of Engineers and of other staff corps may make similar tion, &c., for pro- recommendations of the non-commissioned officers of their respective motion in staff commands to the Secretary of War, who shall convene a board of officers for like purpose.

corps.

16 Opin. Att'yGen., 26, 611.

See Tyler's case and Retired list limited to 400.

R. S., § 1258. Allowance of or for fuel to officers of Army prohibited, but fuel may be sold to them for use. R. S., § 1270.

SEC. 5. That hereafter women shall not be allowed to accompany troops as laundresses:

Provided, That any such laundress, being the wife of a soldier as is now allowed to accompany troops, may, in the discretion of the regi mental commander, be retained until the expiration of such soldiers present term of enlistment.

SEC. 6. (Rep.) [That hereafter, in time of peace, all military headquarters, except Army headquarters, shall be established and maintained at points where the government own buildings or barracks, within the several departments and divisions, and in such buildings or barracks, and not otherwise, unless the Secretary of War shall by an order in writing otherwise direct.]

SEC. 7. That on and after the passage of this act, all officers of the Army of the United States who have served as officers in the volunteer forces during the war of the rebellion, or as enlisted men in the armies of the United States, regular or volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in computing their service for longevity pay and retirement.

And the retired list shall hereafter be limited to four hundred in lieu of the number now fixed by law.

SEC. 8. Allowance of or commutation for fuel to commissioned officers is hereby prohibited; but fuel may be furnished to the officers of the Army by the Quartermaster's Department, for the actual use of such officers only, at the rate of three dollars per cord for standard oak wood, or at an equivalent rate for other kinds of fuel, according to the 16 Opin. Att'y- regulations now in existence;

Gen., 92.

Forage in kind And forage in kind may be furnished to the officers of the Army, by may be furnished the Quartermaster's Department, only for horses owned and actually for horses owned kept by such officers in the performance of their official military duties and kept by offi- when on duty with troops in the field or at such military posts west of R. S., §§ 1270- the Mississippi River, as may be from time to time designated by the Secretary of War, and not otherwise as follows:

cers,

1272.

1877, Feb. 27, ch. 69, par. 35.

To the General five horses;

To the Lieutenant General four horses;

To a major-general three horses;

To a brigadier-general, three horses;

To a colonel, two horses;

To a lieutenant-colonel, two horses;

To a major, two horses;

To a captain (mounted), two horses;

To a lieutenant (mounted), two horses;

To an adjutant, two horses;

To a regimental quartermaster, two horses.

be furnished.

SEC. 9. That all posts and stations where there are public quarters Quarters in belonging to the United States, officers may be furnished with quarters kind; where may in kind in such public quarters, and not elsewhere, by the Quarterinas- R. S., § 1270. ter's Department, assigning to the officers of each grade, respectively, such number of rooms as is now allowed to such grade by the rules and regulations of the Army:

what rate.
R. S., § 1270.
1879, June 23, ch.

Provided, That at places where there are no public quarters, commu--where may be tation therefor may be paid by the Pay Department to the officer enti- commuted, and at tled to the same at a rate not exceeding ten dollars per room per month, and the commutation for quarters allowed to the General shall be at the rate of one hundred and twenty-five dollars per month, and to the Lieutenant General at the rate of seventy dollars per month.

35.

1881, Feb. 24, ch. 79, par. 1.

16 Opin. Att'yGen., 577, 619. Promotions in

SEC. 13. That from and after the passage of this act, all promotions in the Army, in each and every grade, arm, corps and department thereof, Army to cease till shall cease; and thereafter no promotions or appoinments shall be made January, 1879. to fill any vacancy which may occur, or be created therein, until after such report (1) shall be made and acted upon by Congress: Provided, That this limitation shall not apply to the line of the Army below the rank of captain.

*

SEC. 15. From and after the passage of this act it shall not be lawful Army not to be to employ any part of the Army of the United States, as a posse comi- used as a possc comtatus, or otherwise, for the purpose of executing the laws, except in itatus, except as such cases and under such circumstances as such employment of said ized by Constituexpressly authorforce may be expressly authorized by the Constitution or by act of Con- tion and laws. gress; and no money appropriated by this act shall be used to pay any 16 Opin. Att'yof the expenses incurred in the employment of any troops in violation Gen., 162. of this section

And any person wilfully violating the provisions of this section shall

Punishment for

be deemed guilty of a misdemeanor and on conviction thereof shall be violation of secpunished by fine not exceeding ten thousand dollars or imprisonment tion.

not exceeding two years or by both such fine and imprisonment

SEC. 16. That all acts and parts of acts inconsistent with the provis- Repeal.

ions of this act be, and they are hereby, repealed. [June 18, 1878.]

NOTE.-(1) The report here referred to was required to be made by January 1, 1879, by a committee of Congress provided for in §§ 10, 11, and 12, which are omitted because special and temporary.

[SECTION 1], That the Secretary of the Treasury is hereby authorized

June 18, 1878.

20 Stat. L., 163.

Additional life

to establish additional life-saving and life boat stations at or near the saving stations. following-named points upon the sea and lake coasts of the United R. S., §§ 4242States, namely:

344.

4251.

1874, June 20, ch. 1881, March 2, ch. 111.