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CHAPTER 50.

STATUTES-ARMY REGULATIONS-ARMY REGISTER. Revised Statutes :

Statutes at Large-Continued. First edition

As evidence, 2988. Publication, 2976.

Little & Brown's edition, 2989. As evidence, 2977.

Definitions of terms, 2990. Contents

Laws in effect in Hawaji, 2991.

Laws in effect in Porto Rico, 2992.
Titles of sections, 2978.

Laws in effect in Alaska, 2993.
Scope, 2979.

Laws in effect in Philippine Islands, 2994.
Repealing section, 2980.

Laws in effect in Canal Zone, 29942.
Accrued rights reserved, 2981. Compilations :
Acts passed after Dec. 1, 1873,

Concerning the military establishment, not a ffected, 2952.

2995. Second edition, 2983.

Revision, 2996. Supplement of 1891, 2984.

Concerning river and harbor improve. As evidence, 2985.

ments, 2997. Statutes at Large :

Rules for military forces, 2997). Pamphlet edition, 2986.

Army Regulations, 2998. Preservation, 2987.

Official Army Register, 2999.

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2976. Publication of the Revised Statutes, first edition.—That the Secretary of State is hereby charged with the duty of causing to be prepared for printing, publication and distribution the revised statutes of the United States enacted at this present session of Congress; that he shall cause to be completed the headnotes of the several titles and chapters and the marginal notes referring to the statutes from which each section was compiled and repealed by said revision; and references to the decisions of the courts of the United States explaining or expounding the same, and such decisions of State courts as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. And when the same shall be completed, the said Secretary shall duly certify the same under the seal of the United States,

Sec. 2, act of June 20, 1874 (18 Stat. 113).

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 post-roads, 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 separate volume, and entitled and labeled “Revised Statutes relating to District of Columbia and Post-Roads, Public Treaties.” Sec 3, act of June 20, 1874 (18 Stat. 113).

By sec. 1, act of June 27, 1866 (14 Stat. 74), the President was authorized “to appoint three commissioners to revise, simplify, arrange, and consolidate all statutes of the United States, general and permanent in their nature." Act of May 4, 1870 (16 Stat. 96), provided that the work and revision should be completed within three years from the date of its passage. The act of March 3, 1873 (17 Stat. 579), authorized the appointment of a joint committee of Congress to accept the draft of the revision of laws, so far as the same was completed at the expiration of the time designated for that purpose (May 4, 1873). The same statute authorized the existing joint committee to con

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tract with some snitable person or persons to prepare a revision of the statutes, alrcady reported by the commissioners, in the form of a bill to be presented at the opening of the Forty-third Congress.

The Revised Statutes of the United States were enacted and the publication of the first edition was authorized by the Forty-third Congress, at the first session, by an act entitled “ An act to revise and consolidate the statutes of the United States, in force on the first day of December, anno Domini one thousand eigbt hundred and seventy-three," which was approved June 22, 1874 (18 Stat. 113).

Numerous amendments of said act, "for the purpose of correcting errors and supply. ing omissions " therein, were made by act of Feb. 18, 1875 (18 Stat. 316), and act of Feb. 27, 1877 (19 Stat. 240). And by act of Mar. 2, 1877, (19 Stat. 268), the preparation of a new edition of the Revised Statutes was provided for, in the text of which was incorporated all the amendments made in the revision to the close of the Fortyfourth Congress, Mar. 4, 1977, with marginal references to other statutes passed subse. quent to the Revised Statutes affecting or modifying any of the provisions thereof. This new edition was published as The Revised Statutes of the United States, Second Edition, 1878.

2977. Printed copies of the Revised Statutes, first edition, as evidence.2:11 when printed and promulgated as hereinafter provided, the printed volumes shali 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. 2, act of June 20, 1874 (18 stat. 113).

Notes of Decisions. Judicial notice of Federal laws. - The of any obscurity in the meaning the court courts take judicial notice of the laws and can not look to the preexisting statutes to treaties of the United States. Beck v. John- see whether or not they were correctly in. son (C. C. 1903), 169 Fed. 154 ; Mobile, J. corporated. U. S. v, Bowen, 100 U. S. 508; & K, C. R. Co v. Bromberg (1904), 37 So, Bates Refrigerating Co. v. Sulzberger, 157 395, 141 Ala. 258; St. Louis, I. M. & S. Ry. U. S. 1; Wright v. U. S., 15 Ct. Cls, 80, 86; (o. 1. Brown (1899), 54 S. W. 865, 67 Ark. U. S. 1. North American Commercial Co., 74 295.

Fed. Rep. 145. Effect of Revised Statutes.-The Revised As to the effect of amendments to the Statutes must be accepted as the law on Revised Statutes, see U. S. v. Jessup, 15 the subjects which they embrace as it Fed. Rep. 790. existed on Dec. 1, 1873 and they were First edition.—The first edition of the enacted to present the entire body of Revised Statutes is a transcript of the the laws in a concise and compact form. original in the State Department. It is The incorporation of a particular statutory prima facie evidence of the law, but the provision into the revision was s. legislative original is the only conclusive evidence declaration that the law on that subject of the exact text of the law. Wright 8. was as therein provided; and in the absence U. S. (1879), 15 Ct. CI. 80.

2978. Titles used in Revised Statutes, first edition, without legislative force.The arrangement and classification of the several sections of the revision have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the Title, under which any particular section is placed. R. S. 5600.

Notes of Decisions. Effect in general. This section makes it l'age v. Burnstine (1880), 102 U, S. 664, proper to look to the original act to ascer- 669, 26 L. Ed. 268. tain the legislative intent in cases of doubt. Classification under chapters in title. Doyle v. Wisconsin (1876), 94 U. S. 50, The rule forbidding inferences from the 24 L. Ed. 64.

classification of a subject under a title in Rearrangement in general.--The mere col- the Revised Statutes does not apply to its location rearrangement of previous classification under a chapter in a title. statutes in new revisions adopted on the Reid v. U. S. (1883), 18 Ct. CI, 625, same date will not operate to change the Separation of parts of section.-Intention law and thereby defeat the will of Congress. to alter scope of existing law can not be

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imputed to Congress because in the Revised Statutes it placed in two separate sections portions of what was a single section of the original act. Anderson v. Pacific Coast S. . Co. (1912), 32 Sup. Ct. 626, 225 U. S. 187, 56 L. Ed. 1017.

The separation in the Revised Statutes of the United States of the several parts of a section of an existing statute according to an arrangement adopted for purposes of convenience only did not work any change in their purpose or meaning, in the absence of some substantial change in phraseology. Buck Stove & Range Co. l'. Vickers (1912), 33 Sup. Ct. 41, 226 U. S. 205, 57 L. Ed. 189.

Separation of parts of act.—The separation of the provisions of an act into different sections of the Revised Statutes in no

way affects their construction, Taylor v. U. S. (C. C. 1891), 45 Fed. 531. 539 ; reversed (1893), 13 Sup. Ct. 479, 147 U. S. 695, 37 L. Ed. 335.

Changes in phraseology.--This section has a very narrow effect, and clearly does not extend to cases of change of phraseology, as it is expressly limited to matters of arrangement and classification. King v. McLean Asylum of the Massachusetts General Hospital (1891), 64 Fed. 331, 344, 12 C. C. A. 145.

In the construction of the Revised Statutes, an intention to change the existing laws, which the revision purports to enact or codify, is not to be presumed from trifling changes of phraseology. In re Long Island N. S. P. & F. Transp. Co. (D. C. 1881), 5 Fed, 599, 626.

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2979. Scope of Revised Statutes, first edition. The foregoing seventy-three titles embrace the statutes of the United States general and permanent in their nature, in force on the 1st day of December, one thousand eight hundred and seventy-three, as revised and consolidated by commissioners appointed under an act of Congress, and the same shall be designated and citel, as The Revised Statutes of the United States. R. S. 5595.

Notes of Decisions.

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Nature, construction, and effect of Revised Statutes-In general.-The revision must be treated as the legislative declaration of the statute law on the subjects embraced therein on Dec. 1, 1873. When the meaning is plain, the courts can not look to the statutes revised to see il Congress erred in the revision, but they may do so, if necessary to construe doubtful language. U. S. v. Bowen (1879), 100 U. S. 508, 513, 25 L. Ed. 631 (C. S. p. 13032).

The enactment of the Revised Statutes was not original legislation, but merely a more convenient expression of the law existing on Dec. 1, 1873. U. S. v. Moore (C. C. 1878), Fed. Cas. No. 15.804.

the construction of the Revised Statutes no change of meaning will be imputed to a change of phraseology in the reenacted statute unless the language used indicates an intended departure therefrom. U. S. v. Tilden (D. C. -878), Fed. Cas. No. 16,520.

The incorporation of particular statutory provision into the Revised Statutes, adopted in 1874, was leg. islative declaration that the law on that subject was therein providel; and, in the absence of any obscurity in the meaning, the court can not look to the preexisting statutes to see whether or not they were correctly incorporated. U. S. v. North American Commercial Co. (C. C. 1896), 74 Fed. 145; judgment re

versed, North American Commercial Co. v. U. S. (1898), 18 Sup. Ct. 817, 171 U. S. 110, 43 L. Ed. 08.

The Revised Statutes are an act of Con. gress. The enactment was approved and became the law June 22, 1874. Wright v. U. S. (1879), 15 Ct. C1, 80. The object of the Revised Statutes was to simplify and bring together all statutes and parts of statutes which, from similarity of subject. ought to be brought together, to expunge redundant and obsolete enactments, and to make such alterations as might be neces. sary to reconcile contradictions and amend imperfections in the original text of the preexisting statutes, and all those statutes were abrogated by this section. Dwight v. Merritt (1891), 11 Sup. Ct. 768, 769, 1410 U. S. 213, 35 L. Ed. 450; Bowen ". U. S. (1878), 14 Ct. C1. 162. it would defeat their object if courts were to disregard their language and administer previous enactments as if the Revised Statutes did not exist. Bowen v. U. S. (1878), 14 Ct. C1. 162.

The Revised Statutes did not make a new state of the law, such as would authorize the head of an executive department to reexamine legal questions determined by his predecessors. State of Illinois ?', U. S. (1885), 20 Ct. Cl. 342.

Semble that the original dates of the provisions of the Revised Statutes must be considered in determining their effect

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upon each other, and that a previous de. cision of a court or a department based upon the circumstance that one such provision is an earlier, and the other a later, expression of the will of Congress, binds as much as ever. (1875) 15 Op. Atty. Gen. 493.

Marginal notes.-Marginal notes in the Revised Statutes may be referred to questions of construction, as indicating the intention of Congress not to alter by revi

sion the substantial provisions of previous acts. Mackey v. Miller (1903), 126 Fed. 161, 62 C. C. A. 139.

The marginal notes annexed to the sie tions of the Revised Statutes formed a part of the Revised Statutes wben adopted by Congress, and are to be taken and read as a part thereof. U. S. v. Green (D. C. 1905), 136 F'ed. 618, 624 ; afirmed (1905), 26 Sup. Ct. 748, 199 U. S. 601, 50 L. Ed. 328.

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2980. Repeal of acts embraced in the Revised Statutes, first edition.--All acts of Congress passed prior to said first day of December, one thousand eight hundred and seventy-three, any portion of which is embraced in any sectiou of suud revision, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision, having been repealed or superseded by subsequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appropriation, or any provision of a private, local or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-named day no part of which are embraced in said revision, shall not be affected or changed by its enactment. R. S. 5596.

Notes of Decisions. Effect of section.---By tbe express lan- act and all others on the subject. U. SE guage of this section, an act is no longer Bowen (1879), 100 U. S. 508, 513, 25 L. in force where the revision enbraces such Ed. 631.

2981. Accrued rights under repealed statutes.-The repeal of the several acts embraced in said revision shall not affect any act done, or any right accruing or acerued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof. R. S. 5597.

Notes of Decisions. Remedies saved.---The right to in- this section; Congress having the right to junction against the collection of an illegal

take away a mere remedy. Kensett . internal revenue tax is not continued under Stivers (C. C. 1880), 10 Fed. 517, 528.

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2982. Acts passed since December 1, 1873.--The enactment of the said revision is not to affect or repeal any act of Congress passed since the 1st day of December one thousand eight hundred and seventy-three, and all acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such acts vary from, or conflict with any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith. R. S. 5601.

Notes of Decisions. Statutes in force Dec. 1, 1873.-The Re- same session of Congress passed that date vised Statutes must be regarded as passed are to be treated as subsequent aets re on Dec. 1, 1873, and all other acts of the pealing the Revised Statutes, so far as they are inconsistent therewith. In re Oregon Bulletin Printing & Publishing Co. (C. C. 1876), Fed. Cas. No. 10,561.

The Revised Statutes as enacted June 22, 1874, did not alter statutory provisions in force Dec. 1. 1873. The L. W. Eaton (D. C. 1878), Fed. Cas. No. 8,612.

Acts passed since Dec. 1, 1873.- Sec. 12, act of June 22, 1874, was a subsequent statute to the Revised Statutes, and re pealed any portion thereof inconsistent therewith. U. S. v. Auli'mordt (1887), 7 Sup. Ct. 1182, 1180, 122 U. S. 197, 30 L. Ed. 1182.

The Revised Statutes, though adopted after the passage of act of June 9, 1874, did not repeal the provisions of that act. I. S. v. Mason (C. C. 1888), 34 Fed. 129, 130.

The Revised Statutes did not affect statutes passed between Dec. 1, 1873, and June 22, 1874. Ludington v. C. S. (1879), 15 (t. CI. 453.

An act approved on the same day with the Revised Statutes, June 22, 1874, is to

be construed, pursuant to the true intent of this section, as if passed subsequently. Thomas v. U. S. (1880), 16 Ct, Cl. 522.

Construction of act of Feb. 18, 1875.Act of Feb. 18, 1875 (18 Stat. 316), en. titled "An act to correct errors and to supply omissions in the Revised Statutes of the United States," amends the Revised Statutes by adding to them certain pro. visions of existing statutes; but these amendments were not in the nature of new enactments, and are to be construed as though the Revised Statutes were originally adopted with these alterations inr rporated therein. Ludington 0. U. S. (1879), 15 Ct. Cl. 453.

Construction of act of Feb. 27, 1877,Ået of Feb. 27, 1877, entitled "An act to perfect the revision of the statutes of the United States," ete., inust be deemed to take effect only from its date, there being vothing in its language which expressiy, or by necessary implication, gives to it a retrospective operation. (1877) 15 Op. Atty. Gen. 222.

2983. Revised Statutes, second edition.-That the President of the United States be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, one person, learned in the law, as a cominissioner, for the purpose of preparing and publishing a new edition of the first volume of the Revised Statutes of the United States. Sec. 1, act of March 2, 1877 (19 Stat. 268).

That said new edition shall be completed in manuscript by said commissioner by the first day of January, anno Domini eighteen hundred and seventy-eight, and by him presented to the Secretary of State for his examination and approval, who is hereby required to examine and compare the same as amended, with all the amendatory acts, and, within two months after having been submitted to him, and when the same shall be completed, the said Secretary shall duly certify the same under the seal of the Secretary of State, and when printed and promulgated as herein provided the printed volume shall be legal and conclusive evidence of the laws and treaties therein contained, in all the courts of the United States, and of the several States and Territories, and said Seeretary shall cause fifteen thousand copies of the same to be printed and bound at the Government Printing Office, under the supervision of said commissioner, at the expense of the United States, and without unnecessary delay. Sec. 4, act of March 2, 1877 (19 Stat. 269).

That an act entitled "An Act to provide for the preparation and publication or a new edition of the Revised Statutes of the United States ", approved March second, eighteen hundred and seventy-seven, be, and the same is hereby, amended as follows, to wit: By striking out from the ninth and tenth lines of section four as published in the ninteenth volume of the Statutes at Large, the words “and conclusive"; and, in the tenth line, the words “and treaties”; and, by inserting after the word “ Territories” at the end of the eleventh line, the following words, to wit: "but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress

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