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shall give bond and security for the faithful discharge of their duties, in such sum as may be prescribed by the Secretary of War.

Annual accounts to Con

899. An annual account of the expenses of the national armories shall be laid before Congress, together with an gress. account of the arms made and repaired therein.

Apr. 2, 1794, c. 14, s.5, v. 1, p. 352. Sec. 1665, R. S. Arsenals may be abolished.

900. The Secretary of War is authorized to abolish such of the arsenals of the United States as, in his judgment, Mar. 3, 1853, c. may be useless or unnecessary.

98, s. 1, v. 10. pp. 214, 217.

Sec 1666, R. S.

arms to States,

Mar.3,1855, c.169,

7. v. 10, p. 639.

Sec. 1667, R. S.

901. All the arms procured in virtue of any appropri- Distribution of ation authorized by law for the purpose of providing arms etc. Apr. 23, 1808, c. and equipments for the whole body of the militia of the 55 s 3, v. 2. p 490; United States shall be annually distributed to the several s. States of the Union according to the number of their Representatives and Senators in Congress, respectively; and all arms for the Territories and for the District of Columbia shall be annually distributed in such quantities, and under such regulations, as the President may prescribe. All such arms are to be transmitted to the several States and Territories by the United States.

902. If any person procures or entices any artificer or workman, retained or employed in any arsenal or armory, to depart from the same during the continuance of his engagement, or to avoid or break his contract with the United States, or if any person, after due notice of the engagement of any such workman or armorer, during the continuance of such engagement, retains, hires, or in anywise employs, harbors, or conceals such artificer or workman, he shall be fined not more than fifty dollars, or be imprisoned not more than three months.

903. If any artificer or workman, hired, retained, or employed in any public arsenal or armory, wantonly and carelessly breaks, impairs, or destroys any implements, tools, or utensils, or any stock, or materials for making guns, the property of the United States, or willfully and obstinately refuses to perform the services lawfully assigned to him, pursuant to his contract, he shall forfeit a sum not exceeding twenty dollars for every such act of disobedience or breach of contract, to be recovered in any court having competent jurisdiction thereof.

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Enticing away workmen; penalty.

May 7, 1800, c. 46, s. 2, v. 2, p. 61.

Sec. 1668, R. S.

Working men guilty of certain

misconduct.

May 7, 1800, c.

46, s. 3, v. 2, p. 62. Sec. 1669, R. S.

arms to States

received their

queta from 1862

to 1869.

904. The Secretary of War is authorized and directed to Distribution of distribute to such States as did not receive the same, their which had not proper quota of arms and military equipment for each year, from eighteen hundred and sixty-two to eighteen hundred and sixty-nine, under the provisions of section sixteen hundred and sixty-one: Provided, That in the organization and equipment of military companies and organizations with

Mar. 3, 1873, c. 282, v. 17. p. 608. Sec. 1670, B. S.

Exemption from service as

jurors.

such arms, no discrimination shall be made between companies and organizations on account of race, color, or former condition of servitude.1

905. All artificers and workmen employed in the armories and arsenals of the United States shall be exempted, May 7 1800, c. 46, s. 4, v. 2, p. 62; during their time of service, from service as jurors in any

Mar.3,1855 c.169,

8. 7, v. 10, p. 639. court.

Sec. 1671, R. S. Springfield breech-loading

for muskets and

906. The breech-loading system for muskets and carbines system to be used adopted by the Secretary of War known as "the Springfield breech-loading system," is the only system to be used 316, v. 17, p. 261. by the Ordnance Department in the manufacture of mus Sec. 1672, R. S. kets and carbines for the military service.2

carbines.

June 6, 1872, c.

officers for pat

June 6, 1872, c.

No royalty to 907. No royalty shall be paid by the United States to be paid by United States to its any one of its officers or employés for the use of any patent ent mentioned in for the system, or any part thereof, mentioned in the prepreceding sec tion. ceding section, nor for any such patent in which said offi 316, v. 17, p. 261. cers or employés may be directly or indirectly interested. 908. That hereafter no money shall be expended at said perfectinginven armories in the perfection of patentable inventions in the Mar. 3, 1875, v. manufacture of arms by officers of the Army otherwise compensated for their services to the United States.3 Act of March 3, 1875 (18 Stat. L., 455).

Sec. 1673, R. S.

No money to

be expended in

tions.

18, p. 455.

Magazine rifles; board of

Feb. 27, 1893, v. 27, p. 486.

909. That no part of this appropriation shall be expended officers to test. for the manufacture of magazine rifles of foreign invention until such magazine rifles of American invention as may be presented for tests to the War Department within the next thirty days shall have been tested by a board of officers to be selected by the Secretary of War, which board shall report to the Board of Ordnance and Fortification, on or before July first, eighteen hundred and ninety-three. If the decision of said board of officers shall be in favor of any American invention and shall also receive the approval of the Board of Ordnance and Fortification and the Secretary of War, then this appropriation, or such part thereof as the Secretary may direct, shall be expended in the manufacture of such American arm: Provided further, That if no such American invention shall be recommended by said board or receive the approval of the Secretary of War this

1 See chapter entitled THE MILITIA.

2 Under the authority conferred by several acts of appropriation (see paragraphs 908911 post), the Springfield breech-loading system has been superseded by a system of breech-loading magazine small arms.

3 By the act of March 3, 1883 (22 Stat. L., 625), the Secretary of the Interior and the Commissioner of Patents are authorized to grant any officer of the Government, except officers and employees of the Patent Office, a patent for any invention of the classes mentioned in section forty-eight hundred and eighty six of the Revised Statutes, when such invention is used or to be used in the 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."

appropriation shall be applicable to the manufacture of the magazine arm recommended for trial by the board recently in session and approved by the Secretary of War. Act of February 27, 1893 (27 Stat. L., 486).

July 16, 1892, v.

910. For manufacture of arms at the national armories, Manufacture of magazine four hundred thousand dollars: Provided, That if the Sec- arms. retary of War shall, upon the report of the small-arms 27, p. 182. board now in session, adopt a new rifle or system for rifles for the military service, or for trial with a view to such adoption, then this appropriation shall be available for the procurement of such arms. Act of July 16, 1892 (27 Stat. L., 182).

911. Manufacture of arms at the National armories, four hundred thousand dollars: Provided, That this appropriation shall be applicable to the manufacture of the magazine arm recommended for trial by the board, recently in session, and approved by the Secretary of War. Act of August 6, 1894 (28 Stat. L., 242).

912. That hereafter the cost to the Ordnance Department of all ordnance and ordnance stores issued to the States, Territories, and District of Columbia, under the act of February twelfth, eighteen hundred and eighty-seven, shall be credited to the appropriation for "manufacture of arms at national armories," and used to procure like ordnance stores, and that said appropriation shall be available until exhausted, not exceeding two years. Act of March 2, 1889 (25 Stat. L., 833).

ISSUES OF ARMS, ETC., TO EXECUTIVE DEPARTMENTS.

Manufacture of

arms, etc.

Aug. 6, 1894, v. 28, p. 242.

tia.

Arms for mili

Mar. 2, 1889, v.

25, p. 833.

to the several

partments.

Mar. 3, 1879, v. 20, p. 410.

912a. That upon the request of the head of any Depart-, Issue of arms ment, the Secretary of War be, and he hereby is, authorized Executive De. and directed to issue arms and ammunition whenever they may be required for the protection of the public money and property, and they may be delivered to any officer of the Department designated by the head of such Department, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired. Arms and ammunition heretofore furnished to any Department by the War Department, for which the War Department has not been reimbursed, may be receipted for under the provisions of this act. Act of March 3, 1879 (20 Stat. L., 410).

'Under the authority conferred by this statute a system of magazine small arms was adopted by the Secretary of War on the recommendation of the Board convened in pursuance of the act of February 27, 1893 (27 Stat. L., 480). The magazine arm adopted is known as the Krag Jorgensen magazine rifle, caliber 30. This provision was repeated in the acts of February 12, 1895 (28 Stat. L., 682), and March 16, 1896 (29 Stat. L., 68).

This provision was repeated in the act of June 13, 1890 (26 Stat. L., 158),*

1919-21

CHAPTER XXIII.

Chief Signal

Officer; duties.

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913. That the Chief Signal Officer shall have charge, Sec. 2, Oct. 1, under the direction of the Secretary of War, of all military 1890, v. 26, p. 653. signal duties, and of books, papers, and devices connected therewith, including telegraph and telephone apparatus and the necessary meteorological instruments for use on target ranges, and other military uses; the construction, repair, and operation of military telegraph-lines, and the duty of collecting and transmitting information for the Army by telegraph or otherwise, and all other duties usually pertaining to military signaling; and the operations of said corps shall be confined to strictly military matters.' Sec. 2, act of October 1, 1890 (26 Stat. L., 653).

The act of June 16, 1880 (21 Stat. L., 267), contained a provision conferring upon the Chief Signal Officer the rank and pay of a brigadier-general. The rank attached to the office under section 1195, Revised Statutes, was that of a colonel of cavalry. The duties performed by this officer in connection with the observation and report of storms were, by the act of October 1, 1890 (26 Stat. L., 653), transferred to the Depart ment of Agriculture. This statute, which became operative on July 1, 1891, contained the following provisions:

SEC. 3. That the Chief of the Weather Bureau, under the direction of the Secre tary of Agriculture, on and after July first, eighteen hundred and ninety one, shali have charge of the forecasting of weather, the issue of storm warnings, the display of weather and flood siguals for the benefit of agriculture, commerce, and navigation the gauging and reporting of rivers, the maintenance and operation of seacoast tele graph lines and the collection and transmission of marine intelligence for the benefit of commerce and navigation, the reporting of temperature and rain-fall conditions for the cotton interests, the display of frost and cold wave signals, the distribation of meteorological information in the interests of agriculture and commerce, and the taking of such meteorological observations as may be necessary to establish and record the climatic conditions of the United States, or as are essential for the proper execution of the foregoing duties.

SEC. 5. That the enlisted force of the Signal Corps, excepting those hereinafter

Corps; composi
Sec. 6, ibid.

914. That in addition to the Chief Signal Officer the The Signal commissioned force of the Signal Corps shall hereafter tion. consist of one major, four captains (mounted), and four first lieutenants (mounted), who shall receive the pay and allowances of like grades in the Army. The officers herein provided for shall be appointed from the Army, including lieutenants of the Signal Corps, preference being given to officers who have performed long and efficient service in the Signal Service: Provided, That no appointment shall be made until a board, to be appointed by the Secretary of War, shall have submitted a report recommending officers for appointment in the Signal Corps in the order of merit, based upon the importance and usefulness of work performed in the Signal Service, as said board may determine from the official records. And such second lieutenants of the Signal Corps as may not be promoted under the provisions of this act shall be appointed second lieutenants in the line of the Army with present date of commission, and shall be assigned to the first vacancies which may occur in the grade of second lieutenant after the appointments herein provided for have been made. Sec. 6, ibid.

Reorganization of officers.

28, p. 234.

915. That whenever a vacancy in the grade of brigadiergeneral shall occur in the office of Chief Signal Officer, Aug. 6, 1894, v. said vacancy shall not be filled, but said grade shall cease and determine, and thereafter the commissioned force of the Signal Corps shall consist of one colonel, who shall be the Chief Signal Officer of the Army, and selected from the Corps, and one lieutenant-colonel, one major, and three captains (mounted) to be appointed from the Corps according to seniority, and three first lieutenants (mounted) to be appointed as now provided by law, who shall each receive the pay and allowances of like grades in the Army, and the officers of the Signal Corps shall retain the commissions held by them at the date of the next vacancy in the office of Chief Signal Officer, unless promoted in compliance with law. Act of August 6, 1894 (28 Stat. L., 234).

provided for, shall be honorably discharged from the Army on June thirtieth eighteen hundred and ninety-one, and such portion of this entire force, including the civilian employees of the Signal Service, as may be necessary for the proper performance of the duties of the Weather Bureau shall, if they so elect, be transferred to the Department of Agriculture, and the compensation of the force so transferred shall continue as it shall be in the Signal Service on June thirtieth, eighteen hundred and ninety-one, until otherwise provided by law: Provided, That skilled observers serving in the Signal Service at said date shall be entitled to preference over other persons not in the Signal Service for appointment in the Weather Bureau to places for which they may be properly qualified until the expiration of the time for which they were last enlisted."

For statutory provisions respecting sale of surplus publications see paragraph 76,

ante.

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