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Clerks in office

eral.

R. S., § 215.

[Par. 15.] In the Office of the Adjutant-General.-One chief clerk, at of Adjutant-Gen- two thousand dollars; nine clerks of class four; fifteen clerks of class three; twenty-five clerks of class two; one hundred clerks of class one; three temporary clerks of class four; six temporary clerks of class three; twenty temporary clerks of class two; sixty temporary clerks of class one; ten messengers, at eight hundred and forty dollars;

-in office of InSpector-General. R. S., § 215. -in office of Quar[Par. 17.] In the Office of the Quartermaster-General.-One chief clerk, termaster-General. at two thousand dollars; eight clerks of class four; ten clerks of class R. S., § 215. three; twenty-four clerks of class two; forty clerks of class one; eighteen copyists, at nine hundred dollars; one female messenger at thirty dollars per month; one messenger at eight hundred and forty dollars; eight laborers at seven hundred and twenty dollars; one engineer, at twelve hundred dollars; one fireman at seven hundred and twenty dollars; and five watchmen at seven hundred and twenty dollars each; six temporary clerks of class two; ten temporary clerks of class one; ten temporary copyists, at nine hundred dollars;

[Par. 16.] In the Office of the Inspector General.-One clerk of class four; one messenger, at eight hundred and forty dollars; *

-in office of Pay-
master-General.
R. S., § 215.

-in office of Commissary-General. R. S., § 215.

-in office of Sur-
geon-General.
R. S., § 215.
1880, March 16,

ch. 38.

-in office of Chief
Engineer.
R. S., § 215.

in office of Chief of Ordnance. R. S., § 215.

- in office of Military Justice.

R. S., § 215.

- in Signal-Office. R. S., § 215.

Enlisted men

and

tained.

[Par. 18.] In the Office of the Paymaster-General.-One chief clerk, at two thousand dollars; seven clerks of class four; eight clerks of class three; fifteen clerks of class two; thirteen clerks of class one; one messenger, at eight hundred and forty dollars; four watchmen at seven hundred and twenty dollars; five laborers at seven hundred and twenty dollars; two temporary clerks of class two; three temporary clerks of class one;

[Par. 19.] In the Office of the Commissary General.-One chief clerk, at two thousand dollars; two clerks of class four; four clerks of class three; five clerks of class two; twelve clerks of class one; one messenger, at eight hundred and forty dollars; three laborers, at seven hundred and twenty dollars; two watchmen, at seven hundred and twenty dollars; *

[Par. 20.] In the Office of the Surgeon-General.-One chief clerk, at two thousand dollars; six clerks of class four; four clerks of class three; eight clerks of class two; one hundred and fifteen clerks of class one, (twenty of whom shall be temporary;) one anatomist at the Army Medical Museum, at sixteen hundred dollars; one engineer, in division of records and museum, at fourteen hundred dollars; one messenger, at eight hundred and forty dollars; twenty-two watchmen and laborers, (six temporary,) at seven hundred and twenty dollars each; •

[Par. 21.] In the Office of the Chief Engineer.-One chief clerk, at two thousand dollars; five clerks of class four; four clerks of class three; four clerks of class two; four clerks of class one; one messenger, at eight hundred and forty dollars; three laborers, at seven hundred and twenty dollars each; *

[Par. 22.] In the Office of the Chief of Ordnance.-One chief clerk, at two thousand dollars; three clerks of class four; three clerks of class three; three clerks of class two; eight clerks of class one; one messenger at eight hundred and forty dollars; one laborer at seven hundred and twenty dollars; *

[Par. 23.] In the Office of Military Justice.-One chief clerk, at two thousand dollars; one clerk of class four; one clerk of class three; two clerks of class two; four clerks of class one; one messenger at eight hundred and forty dollars; *

[Par. 24.] In the Signal-Office.-Two clerks of class four; one messen. ger at eight hundred and forty dollars;

[Par. 25.] That it is further made the duty of the Secretary of War, discharged when the reduction of clerks now employed shall take effect under the soldiers to be re- provisions of this act, to retain, as far as possible, such of the enlisted men and discharged soldiers as are now employed in the several Bureaus of said Department where the same can be done with a due regard to the dispatch of public business;

And it is hereby made the duty of the Secretary of War to place such Enlisted men to enlisted men so retained upon the civil list, so as to entitle them to pro- be so placed as to motion under the civil service regulations; be entitled to promotion.

[Par. 26.] And hereafter it shall be unlawful to allow or pay to any of the persons designated in this act any additional compensation from any Additional comsource whatever, or to retain, detail, or employ in any branch of the War pensation and emDepartment in the city of Washington any persons other than those herein ited, except, &c. ployment prohibauthorized except in the Signal-Office and the Engineer Corps, and ex- R. S., 1763, cept such commissioned officers as the Secretary of War may, from time 1765. to time, assign to special duties: [Par. 27.] Provided, That

no new enlistments shall No new enlistbe made into the general service, and nothing in this act shall be so ments in general construed as to increase the aggregate force now employed in any office service to be made. of the War Department;

[Par. 28.] And it shall be the duty of the Secretary of War to reduce Number of temthe number of temporary clerks and others authorized by this act as fast porary clerks to be as the wants of the public service will permit.

DEPARTMENT OF JUSTICE.

[Par. 29.] And the Attorney-General shall hereafter annually report to Congress, in detail, the items, amounts, and causes of expenditure of the contingent expenses of this Department.

reduced.

Attorney-General to report contingent expenses annually to Congress.

R. S., §§ 193, 384. Heads of Departments, &c., to reg

ulate hours of la

R. S., §§ 161, 162.

[Par. 30.] That it shall be the duty of the heads of the several Executive Departments, and of the heads of the respective Bureaus therein, in the interests of the public service, to require of all clerks of class one bor of clerks, &c. and above, and of chiefs of divisions, such hours of labor as may be deemed necessary for the proper dispatch of the public business, not exceeding, however, the time for which said Departments are by law required to be open for business, any usage to the contrary notwithstanding.

Clerks of courts,

SEC. 2. That every clerk of the circuit or district court of the United States, United States marshal, or United States district attorney, shall marshals, and district attorneys to reside permanently in the district where his official duties are to be per- reside in their disformed, and shall give his personal attention thereto; and in case any tricts, &c. such officer shall remove from his district, or shall fail to give personal R. S., fg 619, 767, attention to the duties of his office, except in case of sickness, such office 776. shall be deemed vacant:

Provided, That in the southern district of New York said officers may exception as to reside within twenty miles of their districts.

SEC. 3. That no civil officer of the Government shall hereafter receive any compensation or perquisites, directly or indirectly, from the treas ury or property of the United States beyond his salary or compensation allowed by law:

Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees.

southern district of New York.

Civil officers to

receive no perquisites or extra compensation, except, &c.

R. S., §§ 843, 1762-1765. 15 C. Cl., 22. See Warden's case, 16 C. Cls.,

Permanent ap

SEC. 4. That the act entitled (8) "An act limiting the appropriation of certain moneys for the preparation, issue, and reissue of certain secu propriation for exrities of the United States, and for other purposes," approved May penses of national twenty-third, eighteen hundred and seventy-two, and all other acts and securities, &c., reparts of acts making permanent appropriations for the expenses of the pealed. national loan, except the second section of the act approved July fourteenth, eighteen hundred and seventy, entitled "An act to authorize the refunding of the national debt," are hereby repealed, this repeal to take place on the first day of July next;

NOTE.-(8) The provision of the act of 1872, ch. 197 (17 Stat. L., 156), here referred to and repealed, is incorporated into Revised Statutes, § 3689, 2d edition, page 725, under heading "Expenses of national loan." The provision of the second section of the act of 1870, ch. 256 (16 Stat. L., 272), here referred to as unrepealed, is incorporated into Revised Statutes, § 3689, 2d edition, page 725, under heading "Refunding the national debt."

R. S., § 3689, 2d ed., p. 725.

-Secretary of And hereafter the Secretary of the Treasury shall annually submit to Treasury to submit Congress detailed estimates of appropriations required for said expenses;

annual estimate

for such expenses.

R. S., § 3669.

*

SEC. 5. That from and after the first day of July, eighteen hundred Unexpended ap- and seventy-four, and of each year thereafter, the Secretary of the Treaspropriations after ury shall cause all unexpended balances of appropriations which shall two years to be covered into Treasury, have remained upon the books of the Treasury for two fiscal years to be R. S., § 3691. carried to the surplus fund and covered into the Treasury:

15 Opin. Att'y

Gen., 357.

except certain permanent specific appropriations. 1871, ch. 4. 1873, ch. 227.

Provided, That this provision shall not apply to permanent specific See Hukill's case, appropriations, appropriations for rivers and harbors, light-houses, for16 Ct. Cls., tifications, 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 this provision shall not apply to any unexpended balance of the appropriation made by the act approved December twenty-first, eighteen hundred and seventy-one, for expenses that may be incurred under articles one to nine of the treaty 1874, June 23, with Great Britain concluded May eighth, eighteen hundred and seventych. 45, par. 8. one, which balance the act approved March third, eighteen hundred and 15 Opin. Att'y seventy-three, authorized to be expended to enable the President to fulGen., 357. fill the stipulations contained in the twentieth, twenty-second, twentythird, twenty-fourth, and twenty fifth articles of said treaty:

1874, June 16,

ch. 285, § 2.

Contracts not affected.

And provided further, That this section shall not operate to prevent the fulfillment of contracts existing at the date of the passage of this act; Secretary of (Rep.) [And the Secretary of the Treasury shall, at the beginning of Treasury to report each session, report to Congress, with his annual estimates, any balbalances to Con- ances of appropriations for specific objects affected by this section that R. S., § 3669. may need to be re-appropriated.] [June 20, 1874.] Last clause repealed by 1878, June 14, ch. 191, § 4.

gress.

June 20, 1874.

18 Stat. L., 111.

In case of loss or

CHAPTER 330.

AN ACT TO AUTHORIZE THE ISSUE OF DUPLICATE AGRICULTURAL LAND SCRIP WHERE
THE ORIGINAL HAS BEEN LOST OR DESTROYED.

In case of loss or destruction of agricultural-college land scrip new certificates may be obtained. Be it enacted, &c., That the provisions of the act of Congress of the destruction of ag- twenty-third day of June, eighteen hundred and sixty, (1) relating to ricultural-college the reissue of land warrants in certain cases, be, and the same are hereby, land scrip new certificates may be extended so as to include the reissue of agricultural-college land scrip obtained. lost, cancelled or destroyed without the fault of the owner thereof, R. S., §§ 2441, under such rules and regulations as the Secretary of the Interior may prescribe. [June 20, 1874.]

2442.

NOTE. (1) The provisions of the act of 1860, ch. 203 (12 Stat. L., 90), here referred to, are incorporated in the sections of the Revised Statutes noted in the margin.

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CHAPTER 331.

AN ACT MAKING ADDITIONS TO THE FIFTEENTH SECTION OF THE ACT APPROVED JULY
2, 1864, ENTITLED “AN ACT TO AMEND AN ACT ENTITLED ‘AN ACT TO AID IN THE
CONSTRUCTION OF A RAILROAD AND TELEGRAPH LINE FROM THE MISSOURI RIVER
TO THE PACIFIC OCEAN, AND TO SECURE TO THE GOVERNMENT THE USE OF THE
SAME FOR POSTAL, MILITARY, and other PURPOSES' APPROVED JULY 1, 1862.”
Pacific Railroads.

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-officers and agents of, required to use roads and
telegraph as continuous lines, and to allow equal
advantages, &c., to each road, under penalty.

If Union Pacific Railroad Company and branches
fail to comply with this act parties aggrieved
may have action for damages.
Denver Pacific Road part of Kansas Pacific.

Be it enacted, &c., That there shall be, and is hereby, added to the fifteenth section of the act approved July second, eighteen hundred and sixty-four, entitled "An act to amend an act entitled 'An act to aid in the construction of a railroad and telegraph line from the Missouri River

to the Pacific Ocean, and to secure to the Government the use of the R. S., § 5256, same for postal, military and other purposes,' approved July first, 5257, 5262. eighteen hundred and sixty-two," the following words, namely:

use roads and tele

"And any officer or agent of the companies authorized to construct Officers and the aforesaid roads, or of any company engaged in operating either of agents required to said roads, who shall refuse to operate and use the road or telegraph graph as continunder his control, or which he is engaged in operating for all purposes uous line, and to of communication, travel, and transportation, so far as the public and allow equal adthe Government are concerned, as one continuous line, or shall refuse, vantages, &c., to each road, under in such operation and use, to affo:d and secure to each of said roads penalty. equal advantages and facilities as to rates, time, or transportation, without any discrimination of any kind in favor of, or adverse to, the road or business of any or either of said companies, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding one thousand dollars, and may be imprisoned not less than six months.

If Union Pacific

3 Dillon, 524.

In case of failure or refusal of the Union Pacific Railroad Company, or either of said branches, to comply with the requirements of this act Railroad Company and the acts to which this act is amendatory, the party injured or the and branches fail to comply with this company aggrieved may bring an action in the district or circuit court act, parties agof the United States in the Territory, district, or circuit in which any grieved may have portion of the road of the defendant may be situated, for damages on action for damaccount of such failure or refusal; and, upon recovery, the plaintiff ages, shall be entitled to judgment for treble the amount of all excess of freight and fares collected by the defendant, and for treble the amount of damages sustained by the plaintiff by such failure or refusal; and for each and every violation of or failure to comply with the requirements of this act, a new cause of action shall arise; and in case of suit in any such Territory, district, or circuit, process may be served upon any agent of the defendant found in the Territory, district, or circuit in which such suit may be brought, and such service shall be by the court held to be good and sufficient;

Denver Pacific

Road part of Kan

1869, ch. 127 (15 Stat. L., 324).

And it is hereby provided that for all the purposes of said act, and of the acts amendatory thereof, the railway of the Denver Pacific Rail way and Telegraph Company shall be deemed and taken to be a part sas Pacific. and extension of the road of the Kansas Pacific Railroad, to the point of junction thereof with the road of the Union Pacific Railroad Company at Cheyenne, as provided in the act of March third, eighteen hundred and sixty-nine. [June 20, 1874.]

CHAPTER 332.

AN ACT TO AMEND THE ACT ENTITLED AN ACT TRANSFERRING THE CONTROL OF
CERTAIN TERRITORIAL PENITENTIARIES TO THE SEVERAL TERRITORIES IN WHICH
THE SAME ARE LOCATED," APPROVED JANUARY TWENTY-FOURTH, EIGHTEEN HUN-

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2, and given to marshals of United States.

June 20, 1874.

18 Stat. L., 112.

1. Control of penitentiaries in Montana, Idaho, and Wyoming transferred from Territories. Be it enacted, &c. Control of peni[SECTION 1], That the act entitled (1) "An act transferring the con- tentiaries in Montrol of certain Territorial penitentiaries to the several Territories in tana, Idaho, and which the same are located," approved January twenty-fourth, eighteen Wyoming transhundred and seventy-three, be, and the same is hereby, amended by ferred from Terristriking out the words Montana, Idaho, and Wyoming wherever the R. S., §§ 1936, same occur in said act, and the said act shall hereafter have no applica- 1937. bility to the Territories of Montana, Idaho, and Wyoming.

NOTE-(1) The act of 1873, ch. 63 (17 Stat. L., 418), here referred to, is incorporated into the Re. vised Statutes, sections 1936, 1937, noted in the margin.

tories.

of United States.

Control of cer- SEC. 2. That the penitentiaries in the Territories of Montana, Idaho, tain penitentiaries and Wyoming, shall continue under the care and control of the marshal given to marshals of the United States for said Territories, under and pursuant to the proR. S., § 1892- Visions of the act entitled "An act in relation to certain territorial penitentiaries," approved January tenth, eighteen hundred and seventy1880, June 16, ch. one; (2) which said last mentioned act is hereby revived and reënacted 235, par. 4. so far as the same applies to the Territories of Montana, Idaho, and Wyoming. [June 20, 1874.]

1895.

NOTE.-(2) The act of 1871, ch. 15 (17 Stat. L., 398), is incorporated into the Revised Statutes in sections 1892-1895, noted in the margin, and this act repeals the exception which forms the last clause of § 1892.

June 20, 1874. 18 Stat. L., 113.

CHAPTER 333.

AN ACT PROVIDING FOR PUBLICATION OF THE REVISED STATUTES AND THE LAWS OF
THE UNITED STATES.

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Contract for publishing laws of United States ter

minated.

Laws of each session of Congress to be edited,
printed, &c.

6. Pamphlet copies of acts and resolves of each
session of Congress to be distributed.

Be it enacted, &c.

[SECTION 1], That the existing contract or contracts between the Secretary of State on the part of the United States, and Charles C. Little, Augustus Flagg, Henry T. Miles, and John Bartlett, of Boston, known Resolutions 1845, as the firm of Little, Brown and Company, dated the twenty-eighth day No. 10 (5 Stat. L., of May, eighteen hundred and sixty-six, and all other contracts between 798); 1850, No. 17 the United States or any officer thereof with said firm of Little, Brown (9 Stat. L., 564); 1866, No. 17 (14 and Company, respecting the printing or publication of the laws of the Stat. L., 352). United States, are hereby declared to be determined, pursuant to the powers therein reserved.

&c.

Revised Statutes SEC. 2. That the Secretary of State is hereby charged with the duty (first edition), how of causing to be prepared for printing, publication and distribution the prepared for print- Revised Statutes of the United States enacted at this present session of ing, publication, Congress; that he shall cause to be completed the head notes of the sev1874, Dec. 28, ch. eral titles and chapters and the marginal notes referring to the statutes from which each section was compiled and repealed by said revision; and references to the decisions of the courts of the United States explaining or expounding the same, and such decisions of State courts as he may deem expedient, with a full and complete index to the same.

9.

82.

26.

1877, March 2, ch. 178, March 9, ch.

15 C. Cl., 86.

-title of.

And when the same shall be completed, the said Secretary shall duly certify the same (Rep.) (1) [under the seal of the United States], and when printed and promulgated as hereinafter provided, the printed volumes shall be legal evidence of the laws and treaties therein contained, in all the courts of the United States, and of the several States and Territories.

SEC. 3. That the revision of the statutes of a general and permanent nature, with the index thereto, shall be printed in one volume, and shall be entitled and labeled "Revised Statutes of the United States;" and the revision of the statutes relating to the District of Columbia; to postroads, and the public treaties in force on the first day of December, one thousand eight hundred and seventy-three, with a suitable index to each, shall be published in a separate volume, and entitled and labeled "ReNOTE. (1) These words are stricken out by act of 1874, December 28, ch. 9, § 1.

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