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Army to consist
R. S., § 1115.
Be it enacted, &c.
[Par. 1.] And no money appropriated by this act shall be paid for of not more than recruiting the Army beyond the number of twenty-five thousand en25,000 enlisted listed men, including Indian scouts and hospital stewards; and thereafter there shall be no more than twenty-five thousand enlisted men in the Army at any one time, unless otherwise authorized by law. 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.
Signal Service force.
R. S., § 1196. 1876, July 24, ch.220, par. 1. 1878, June 18,
1878, June 20,
ch.359, par. 2.
Commutation for [Par. 2.] Provided, That no allowance shall be made for claims for officers' quarters. quarters for servants heretofore or hereafter; and that the rate of comNo allowance for mutation shall hereafter be twelve dollars per room per month for offiservants' quarters. cers' quarters, in lieu of ten dollars, as now provided by law.
1878, June 18, ch. 263, § 9. 1881, Feb. 24, ch. 79, § 1, par. 1.
Telegrams may [Par. 3.] For cost of telegrams; and telegrams are authorized to be be transmitted by transmitted by railroad companies which may have telegraph lines, and certain railroad which shall file their written acceptance of the restrictions and obligacompanies having lines, &c. tions imposed on telegraph companies by title sixty-five of the Revised R. S., §§ 5256- Statutes, for the government and for the general public, at rates to be 5262, 5263-5269. fixed by the government, according to the provisions of title sixty-five of the Revised Statutes;
Stores sold to officers and men of
[Par. 4.] Provided, That to the cost of all stores and other articles Army to be charged sold to officers and men, except tobacco, as provided for in section one at ten per cent. thousand one hundred and forty-nine of the Revised Statutes, ten per centum shall be added to cover wastage, transportation, and other inciR. S., § 1144, dental charges.
81. 1881, Feb. 24, ch. 79, § 1, par. 2.
Army Regula- SEC. 2. That the Secretary of War is authorized and directed to cause tions to be codified all the regulations of the Army and general orders now in force to be and published. codified and published to the Army, and to defray the expenses thereof out of the contingent fund of the Army.
1875, March 1,
1876, Aug. 15, Res. No. 21, p. 255. 13 Ct. Cls., 6.
SEC. 3. And the examiner of State claims in the office of the Secretary State claims in of War shall have, while on such duty, the pay, emoluments, and allowWar Department; auces of mounted officers one grade higher than that held by him in his regiment or corps.
R. S., § 215.
16 Opin. Att'y
fessor of modern
SEC. 4. That when a vacancy occurs in the office of professor of the Academy one pro French language or in the office of professor of the Spanish language in languages estab- the Military Academy, both these offices shall cease, and the remaining lished in place of one of the two professors shall be professor of modern languages; and professor of French thereafter there shall be in the Military Academy one, and only one, and Spanish. professor of modern languages;
R. S., § 1309.
- professors who And that section thirteen hundred and thirty-six of the Revised Statserve as such ten utes be, and is hereby, amended by inserting, after the word "service" years to have pay in the first line, the words "as professor”.
R. S., § 1336.
take $750 each and
-graduates of SEC. 5. That each member of the graduating classes of the Military 1879 and 1880 may Academy, of eighteen hundred and seventy-nine, and eighteen hundred become ineligible and eighty, after graduation, may elect, with the assent of the Secretary to appointment for of War, to receive the gross sum of seven hundred and fifty dollars and two years. mileage to his place of residence;
And the acceptance of this gross sum shall render him ineligible to appointment in the Army, except in the event of war, until two years after his graduation; and the amount required to defray the expenditure herein provided for shall be paid out of any money in the Treasury not otherwise appropriated.
SEC. 6. That no money appropriated in this act is appropriated or Money not to be shall be paid for the subsistence, equipment, transportation, or com- used to keep any of pensation of any portion of the Army of the United States to be used Army as police as a police force to keep the peace at the polls at any election held within any State.
SEC. 7. That the Secretary of War shall be authorized to detail an officer of the Army, not above the rank of captain, for special duty with reference to Indian education.
SEC. 8. That section six of the act approved June eighteenth, eighteen hundred and seventy-eight, making appropriations for the support of the Army, be, and is hereby, repealed:
force at elections.
Army officer to be detailed for duty relating to Indian education.
R. S., § 2071. Military headquarters; where may be establish. ed.
Provided, That when the economy of the service requires, the Secretary of War shall direct the establishment of military headquarters at points where suitable buildings are owned by the government. [June 263, § 6. 23, 1879.]
AN ACT AUTHORIZING THE COMMISSIONERS OF THE DISTRICT OF COLUMBIA TO EX-
Impounding animals in District of Columbia; Commissioners may make rules for. Be it enacted, &c., That the Commissioners of the District of Columbia be, and are hereby, authorized to prescribe rules for taking up and impounding of domestic animals found running at large in the District of Columbia. [June 27, 1879.]
June 27, 1879.
21 Stat. L., 35.
Impounding animals in District Columbia; Commissioners may make rules for.
AN ACT CONCERNING THE LEGISLATIVE ASSEMBLIES OF THE SEVERAL TERRITORIES
Act relating to Territorial legislatures not to impair tenure of existing officers.
Act relating to
Be it enacted, &c., That the provisions of an act entitled "An act making appropriations for the legislative, executive, and judicial ex- Territorial legislatures not to impair penses of the government for the fiscal year ending June thirtieth, eight- tenure of existing een hundred and seventy-nine, and for other purposes", approved June officers. nineteenth, eighteen hundred and seventy-eight, pertaining to govern- 1878, June 19, ment in the several Territories of the United States, shall not be so con- ch. 329, § 1, par. 10. strued as to impair or shorten the tenure of office of any member of such legislative assemblies until the redistricting and reapportionment of such Territories as is therein provided, nor until at the next regular election thereafter the twelve members of the council and twenty-four members of the house of representatives of such Territories shall have been elected and their term of office begun. [June 27, 1879.]
June 28, 1879.
21 Stat. L., 37.
Mississippi River Commission.
members of; how appointed.
-to direct and
AN ACT TO PROVIDE FOR THE APPOINTMENT OF A "MISSISSIPPI RIVER COMMISSION"
[SECTION 1], That a commission is hereby created, to be called "The Mississippi River Commission", to consist of seven members.
SEC. 2. The President of the United States shall, by and with the advice and consent of the Senate, appoint seven commissioners, three of whom shall be selected from the Engineer Corps of the Army, one from the Coast and Geodetic Survey, and three from civil life, two of whom shall be civil engineers.
And any vacancy which may occur in the commission shall in like manner be filled by the President of the United States; and he shall designate one of the commissioners appointed from the Engineer Corps of the Army to be president of the commission.
The commissioners appointed from the Engineer Corps of the Army and the Coast and Geodetic Survey shall receive no other pay or compensation than is now allowed them by law, and the other three commissioners shall receive as pay and compensation for their services each the sum of three thousand dollars per annum; and the commissioners appointed under this act shall remain in office subject to removal by the President of the United States.
SEC. 3. It shall be the duty of said commission to direct and complete complete surveys such surveys of said river, between the Head of the Passes near its of Mississippi mouth to its headwaters as may now be in progress, and to make such River, &c. additional surveys, examinations, and investigations, topographical, hydrographical, and hydrometrical, of said river and its tributaries, as may be deemed necessary by said commission to carry out the objects of this act.
may have detail of Army engineers,
16 Opin. Att'yGen., 559.
and officers and
And to enable said commission to complete such surveys, examinations, and investigations, the Secretary of War shall, when requested by said commission, detail from the Engineer Corps of the Army such officers and men as may be necessary, and shall place in the charge and for the use of said commission such vessel or vessels and such machinery and instruments as may be under his control and may be deemed necessary.
And the Secretary of the Treasury shall, when requested by said comfrom Coast mission in like manner detail from the Coast and Geodetic Survey such and Geodetic Sur- officers and men as may be necessary, and shall place in the charge and for the use of said commission such vessel or vessels and such machinery and instruments as may be under his control and may be deemed necessary.
And the said commission may, with the approval of the Secretary of War, employ such additional force and assistants, and provide, by purchase or otherwise, such vessels or boats and such instruments and means as may be deemed necessary.
SEC. 4. It shall be the duty of said commission to take into consideration and mature such plan or plans and estimates as will correct, permanently locate, and deepen the channel and protect the banks of the Mississippi River; improve and give safety and ease to the navigation thereof; prevent destructive floods; promote and facilitate commerce, trade, and the postal service; and when so prepared and matured, to submit to the Secretary of War a full and detailed report of their proceedings and actions, and of such plans, with estimates of the cost
thereof, for the purposes aforesaid, to be by him transmitted to Congress:
Provided, That the commission shall report in full upon the practica- Mississippi River bility, feasibility, and probable cost of the various plans known as the Commission; to make report. jetty system, the levee system, and the outlet system, as well as upon such others as they deem necessary.
SEC. 5. The said commission may, prior to the completion of all the -to prepare plans, surveys and examinations contemplated by this act, prepare, and sub- specifications, &c. mit to the Secretary of War plans, specifications, and estimates of costs for such immediate works as, in the judgment of said commission, may constitute a part of the general system of works herein contemplated, to be by him transmitted to Congress.
SEC. 6. The Secretary of War may detail from the Engineer Corps of the Army of the United States an officer to act as secretary of said commission.
SEC. 7. The Secretary of War is hereby authorized to expend the sum of one hundred and seventy-five thousand dollars, or so much thereof as may be necessary, for the payment of the salaries herein provided for, and of the necessary expenses incurred in the completion of such surveys as may now be in progress, and of such additional surveys, examinations, and investigations as may be deemed necessary, reporting the plans and estimates, and the plans, specifications, and estimates contemplated by this act, as herein provided for; and said sum is hereby appropriated for said purposes out of any money in the Treasury not otherwise appropriated. [June 28, 1879.]
secretary of, to be detailed from Engineer Corps of Army.
Appropriation to be expended by Secretary of War.
AN ACT CHANGING THE TIME OF HOLDING THE NOVEMBER TERM OF THE UNITED
June 30, 1879.
21 Stat. L., 41.
District court of Connecticut at Hartford to be held on first Tuesday of December. Be it enacted, &c., That the term of the United States district court for the district of Connecticut, at Hartford, now held on the fourth for Connecticut at Tuesday in November, shall hereafter be held on the first Tuesday of on first Tuesday of December. [June 30, 1879.]
Hartford to be held
AN ACT MAKING APPROPRIATIONS FOR CERTAIN JUDICIAL EXPENSES FOR THE GOV-
SEC. 2. That the per diem pay of each juror, grand or petit, in any court of the United States, shall be two dollars;
June 30, 1879.
21 Stat. L., 43.
Jurors in United States courts; per diem of, to be $2.
And that the last clause of section eight hundred of the Revised Stat--in Pennsylvania utes of the United States, which refers to the State of Pennsylvania, to be drawn as and sections eight hundred and one, eight hundred and twenty, and eight hundred and twenty-one of the Revised Statutes of the United States, are hereby repealed;
And that all such jurors, grand and petit, including those summoned during the session of the court, shall be publicly drawn from a box containing, at the time of each drawing, the names of not less than three
R. S., §§ 800, 801.
- repeal of special oath for, and other restrictions.
Jurors may be drawn from boxes used by State authorities.
-term of scrvice of.
- not disqualified on account of race or color, &c.
hundred persons, possessing the qualifications prescribed in section eight hundred of the Revised Statutes, which names shall have been placed therein by the clerk of such court and a commissioner, to be appointed by the judge thereof, which commissioner shall be a citizen of good standing, residing in the district in which such court is held, and a well-known member of the principal political party in the district in which the court is held opposing that to which the clerk may belong, the clerk and said commissioner each to place one name in said box alternately, without reference to party affiliations, until the whole number required shall be placed therein.
But nothing herein contained shall be construed to prevent any judge from ordering the names of jurors to be drawn from the boxes used by the State authorities in selecting jurors in the highest courts of the State;
And no person shall serve as a petit juror more than one term in any one year, and all juries to serve in courts after the passage of this act shall be drawn in conformity herewith:
Provided, That no citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States on account of race, color, or previous condition of servitude.
SEC. 3. That the Attorney-General shall include in his annual report eral to include in a statement of all payments or expenditures during any fiscal year out ment of payments, of any appropriation fund subject to requisitions by him. [June 30, 1879.]
in his report state
R. S., § 384.
June 30, 1879.
21 Stat. L., 44.
to pay enrolling or license fee.
AN ACT RELATING TO VESSELS NOT PROPELLED BY SAIL OR INTERNAL MOTIVE POWER
Vessels not propelled by sail or internal power not Flat boats, barges, &c., not required to be cnrolled,
Vessels not proBe it enacted, &c., That the provisions of title fifty of the Revised Statpelled by sail or utes of the United States shall not be so construed as to require the internal power not payment of any fee or charge for the enrolling or licensing of vessels, built in the United States and owned by citizens thereof, not propelled Flat boats, by sail or by internal motive power of their own, and not in any case barges, &c., not carrying passengers, whether navigating the internal waters of a state required to be en- or the navigable waters of the United States, and not engaged in trade or licensed in cer- with contiguous foreign territory, nor shall this or any existing law be construed to require the enrolling, registering or licensing of any flat R. S., § 4311- boat, barge or like craft for the carriage of freight, not propelled by sail 4390, 4132, 4312, or by internal motive power of its own, on the rivers or lakes of the 16 Opin. Att'y- United States. [June 30, 1879.]
June 30, 1879. 21 Stat. L., 45.
AN ACT PROVIDING FOR FILLING VACANCIES IN THE OFFICE OF CHIEF OF ENGINEERS,
Promotion of engineers in Army above colonel restored.
Be it enacted, &c., That so much of the (1) act of June tenth, eighteen engineers in Army hundred and seventy-two, chapter four hundred and twenty-six, volume above colonel re- seventeen, page three hundred and eighty-two, Statutes at Large, as prohibits promotion in the Corps of Engineers above the rank of colonel, and all other acts prohibiting said promotion, be, and the same are hereby, repealed. [June 30, 1879.]
R. S., § 1151.
NOTE. (1) The provision of the act of June 10, 1872, ch. 426 (17 Stat. L., 382), here referred to, is incorporated into the Revised Statutes, and forms the last paragraph of § 1151, which this act repeals.