1890, Oct. 1, ch. 912. Provided that all vacancies remaining, after exhausting the two classes named, may be filled by appointment of persons in civil life. 1241, § 3, post, p. SEC. 4. That to insure the selection of proper candidates for pro- Non-commismotion from the grade of non-commissioned officers, company and sioned officers; battery commanders will report to their regimental commanders how promoted. such as, in their opinion, by education, conduct, and services, seem R. S., § 1214. to merit advancement, and who have served not less than two years 16 Ct. Cls., 210. in the Army; the reports to set forth a description of the candidate, 1890, Oct. 1, ch. 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. If recommended on account of meritorious services, the particular services referred to must be stated in detail. 1241, § 3, post, p. 1241, § 3, post, p. 912. 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 annually assemble a board to consist of five officers of as high rank as the convenience of the service will admit, ination. 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. Board of exam Recommenda The Chief of Engineers and of other staff corps may make similar recommendations of the non-commissioned officers of their respective tion, &c., for procommands to the Secretary of War, who shall convene a board of motion in staff officers for like purpose. SEC. 5. That hereafter women shall not be allowed to accompany troops as laundresses: * [Part omitted has expired.] * * * SEC. 6. [Repealed, 1879, June 23, ch. 35, § 8, 21 Stat. L., 35.] R. 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. corps. Laundresses not to accompany troops. S., SS 1240, 1295. All army service to be credited for longevity and retirement. *[Omitted part superseded, 1891, February 16, ch. 238, post, C. Cls. 202, 223. * * R. S., SS 1243, 1260, 1262, 1263. 1882, June 30, ch. 254, pars.1, 2. post, pp. 348, 349, 16 p. 893.] 19 C. Cls., 386. 104 U. S., 767. 105 U.S., 244. 112 U. S., 4. SEC. 8. Allowance of or commutation for fuel to commissioned Allowance for officers is hereby prohibited; but fuel may be furnished to the officers fuel to officers prohibited, but fuel of the Army by the Quartermaster's Department, for the actual use may be sold to of such officers only, at the rate of three dollars per cord for standard them for use. oak wood, or at an equivalent rate for other kinds of fuel, according to the regulations now in existence; R. S., § 1270. for horses owned And forage in kind may be furnished to the officers of the Army, by the Quartermaster's Department, only for horses owned and actu- may be furnished ally kept by such officers in the performance of their official military and kept by offiduties when on duty with troops in the field or at such military posts cers, &c. (1) west of the Mississippi River, as may be from time to time desig- R. S., §§ 1270nated by the Secretary of War, and not otherwise as follows: To the 1272. General five horses; to the Lieutenant General four horses; to a major-general three horses; to a brigadier-general, three horses; to a NOTE. (1) By 1881, Feb. 24, ch. 79, post, p. 318, no discrimination is to be made against officers serving east of the Mississippi River. be furnished. 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. Quarters in SEC. 9. That at all posts and stations where there are public quarkind; where may ters belonging to the United States, officers may be furnished with quarters in kind in such public quarters, and not elsewhere, by the Quartermaster'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: R. S., § 1270. -where may be what rate. 35, par. 2, post, p. 267. 16 Opins., 577, 619. 19 Opins., 293, 368. Army not to be comitatus, except Provided, That at places where there are no public quarters, commutation therefor may be paid by the Pay Department to the officer entitled to the same at a rate not exceeding (2) 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 (3) Lieutenant General at the rate of seventy dollars per month. * * SECS. 10-14. [Temporary and expired.] SEC. 15. From and after the passage of this act it shall not be lawused as a posse ful to employ any part of the Army of the United States, as a posse as expressly au- comitatus, or otherwise, for the purpose of executing the laws, exthorized by Con- cept in such cases and under such circumstances as such employment stitution and laws. of said force may be expressly authorized by the Constitution or by 16 Opins., 162. act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section Punishment for tion. And any person wilfully violating the provisions of this section. violation of sec- shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment Repeal. June 18, 1878. 20 Stat. L., 163. Additional lifesaving stations. R. S., §§ 4242 4251. At Cranberry Isles; -Delaware coast; --Maryland coast; -Virginia and SEC. 16. That all acts and parts of acts inconsistent with the provisions of this act be, and they are hereby, repealed. [June 18, 1878.] NOTES. (2) Increased to $12 by 1879, June 23, ch. 35, par. 2, post, p. 267. (3) By R. S., § 1094, it was provided that the offices of General and Lieutenant-General should cease upon a vacancy occurring. By 1888, June 1, ch. 338 (25 Stat. L., 165), the grade of Lieutenant-General was discontinued and merged in that of General, and the President was authorized to appoint a General. Lieutenant-General Philip H. Sheridan was appointed General. He died August 5, 1888, and the grade of General thereby ceased. CHAP. 265.—An act to organize the Life-Saving-Service. (1) Be it enacted, &c. That the Secretary of the Treasury is hereby authorized to establish additional life-saving and life-boat stations at or near the following-named points upon the sea and lake coasts of the United States, namely: One complete life-saving station at Cranberry Isles, Maine; One complete life-saving station at or near Scituate, Massachusetts; One complete life-saving station at or near Watch Hill, Rhode Island: One complete life-saving station on the coast of Delaware between Cape Henlopen and Indian River; Two complete life-saving stations on the coast of Maryland, to be located, one between Indian River and Green Run, and one between Green Run and Chincoteague; Fifteen complete life-saving stations on the coasts of Virginia and North Carolina North Carolina, ten of them to be located at intermediate points be coast, NOTE. (1) The Life Saving Service is recognized in R. S., §§ 4242–4249, and certain stations provided. (Two new stations were authorized and additional provisions made by 1874, June 20, ch. 844, ante, p. 28.) By 1875, March 3, ch. 130, par. 29, ante, p. 72, authority was given to acquire sites. By 1878, June 18, ch. 265, above, a systematic organization was effected and by 1882, May 4, ch. 117, post, pp. 340342, additional provisions as to pay, pensions, etc., were made. New stations were authorized by 1875, March 3, ch. 130, par. 1, ante, p. 72; 1881, Mar. 2, ch. 111, post, p. 320; 1881, March 3, ch. 133, par. 1, post, p. 321; 1882, May 4, ch. 117, § 1, post, p. 339; 1886, June 19, ch. 424, post, p. 497; 1888, Oct. 1, ch. 1060, post, p. 622; Oct. 13, ch. 1113, post, p. 632; Oct. 18, ch. 1195, post, p. 633; 1889, Feb. 23, ch. 208, post, p. 650; Mar. 1, ch. 323, post, p. 660; 1891, March 3, ch. 542, par. 1, post, p. 927. By 1890, Oct. 1, ch. 1244, par. 633, post, p. 852, lifeboats and life-saving apparatus imported by certain societies are placed on the free list. tween the existing stations, three between the southernmost existing station and Hatteras Inlet, one at or near Cape Lookout, and one at or near Cape Fear Point; Five complete life-stations on the coast of Texas, to be located, one --Texas coast; at or near Sabine Pass, one on Galveston Island, near west end, one at or near Pass Cavallo, one at or near Aranzas Pass, and one at Brazos Santiago, and one life boat station on Galveston Island, near east end; Two complete life-saving stations on the coast of Lake Michigan, —Lake Michigan; to be located, one at or near Sleeping Bear Point, and one at or near Bayley's Harbor, and four life-boat stations to be located, one at or near Manistee, one at Ludington, one at or near Muskegan, and one at Kenosha; One life-boat station on the coast of Lake Superior, at or near the Lake Superior; mouth of Portage Lake and Lake Superior Ship Canal; Two complete life-saving stations on the coast of Lake Huron, one —Lake Huron; at or near Port Austin and one on Middle Island, and a life-boat station at or near Sand Beach Harbor of Refuge; 1874, June 20, L., 126), and ante, ch. 344, §1(18 Stat, And on the coast of California, a life-boat station at Bolinas Bay, in -California. place of that authorized to be established at Point Reyes by the act of June twentieth, eighteen hundred and seventy-four, entitled "An act to provide for the establishment of life-saving stations and houses of refuge upon the sea and lake coasts of the United States, and to promote the efficiency of the Life-Saving Service"; p. 28. And the Secretary of the Treasury is hereby authorized, whenever, Superintendent in his opinion, it may become necessary for the proper administration for coast on Gulf of the Life-Saving Service and the protection of the public property of Mexico. at the stations, to appoint a district superintendent for the coast of the United States bordering on the Gulf of Mexico, whose compensation shall be at the rate of one thousand dollars per annum, And also a keeper for each of the stations hereby authorized to be Keeper at each established. SEC. 2. [Expired.] SEC. 3. That all moneys received from the sale of old stations and equipments and other material condemned by a board of survey as unserviceable may be expended in rebuilding or improving and equipping stations. station. R. S., §§ 3618, 3672, 3692. § 9, ante, p. 30. Keeper's com pensation. inspectors of customs. 1874, June 20, ch. 344, SEC. 4. That hereafter the (1) compensation of the keepers of lifesaving and life-boat stations and houses of refuge shall be at the rate of four hundred dollars per annum; And they shall have the powers of inspectors of customs, but shall have powers of receive no additional compensation for duties performed as such: R. S., SS 2875-2877, 2891, 3064-3067. 1875, Feb. 8, ch. Provided, That said keepers shall have authority and be required to take charge of and protect all property saved from shipwreck at which they may be present, until it is claimed by parties legally authorized to receive it, or until otherwise instructed to dispose of it by the Secretary of the Treasury; 36, § 23, ante,p. 61. to have charge of property saved. 16 Opins., 645. And keepers of life-saving stations shall be required to reside con--to reside near tinually at or in the immediate vicinity of their respective stations. their stations. SEC. 5. That hereafter the life-saving stations upon the sea and Stations; at what gulf coasts at which crews are employed shall be manned and the season to be kept stations opened for active service on the first day of September in open. each year, and so continue until the first day of May succeeding, and upon the lake coasts from the opening to the close of navigation, except such stations as, in the discretion of the Secretary of the Treasury, are not necessary to be manned during the full period specified; And the crews shall reside at the stations during said periods. SEC. 6. That the President of the United States may, by and with the consent of the Senate, appoint a suitable person, who shall be tendent; his ap NOTE.-(2) Compensation changed by 882, May 4, ch. 117, § 5, post, p. 341. Crews to reside at stations. General superin &c. pointment, salary, familiar with the various means employed in the Life-Saving Serv ice for the saving of life and property from shipwrecked vessels, as general superintendent of the Life-Saving Service, who shall, under the immediate direction of the Secretary of the Treasury, have general charge of the service and of all administrative matters connected therewith, and whose compensation shall be at the rate of four thousand dollars per annum; Assistant to gen And the Secretary of the Treasury is authorized to appoint an assisteral superintend- ant to the general superintendent, whose compensation shall be two thousand five hundred dollars per annum. ent. Duties of gen SEC. 7. That it shall be the duty of the general superintendent eral superintend- To supervise the organization and government of the employees of the service; ent. 1874, June 20, ch. To prepare and revise regulations therefor as may be necessary; To fix the number and compensation of surfmen to be employed at the several stations within the provisions of law; To supervise the expenditure of all appropriations made for the support and maintainance of the Life-Saving-Service; To examine the accounts of disbursements of the district superintendents, and to certify the same to the accounting-officers of the Treasury Department; To examine the property returns of the keepers of the several stations, and see that all public property thereto belonging is properly accounted for; To acquaint himself, as far as practicable, with all means employed in foreign countries which may seem to advantageously affect the interests of the service, and to cause to be properly investigated all plans, devices, and inventions for the improvement of life-saving apparatus for use at the stations, which may appear to be meritorious and available: To exercise supervision over the selection of sites for new stations the establishment of which may be authorized by law, or for old ones the removal of which may be made necessary by the encroachment of the sea or by other causes; To prepare and submit to the Secretary of the Treasury estimates for the support of the service; To collect and compile the statistics of marine disasters contem344, § 10, ante, plated by the act of June twentieth, eighteen hundred and seventyfour: p. 30. -to make annual report. Revenue-Marine officers may be detailed as inspect ors. Investigation of shipwrecks with loss of life. -administration Compensation of And to submit to the Secretary of the Treasury, for transmission to Congress, an annual report of the expenditures of the moneys appropriated for the maintenance of the Life-Saving Service, and of the operations of said service during the year. SEC. 8. That the Secretary of the Treasury may detail such officer or officers of the Revenue Marine Service as may be necessary, to act as inspector and assistant inspectors of stations, who shall perform such duties in connection with the conduct of the service as may be required of them by the general superintendent. SEC. 9. That upon the occurrence of any shipwreck within the scope of the operations of the Life-Saving Service, attended with loss of life, the general superintendent shall cause an investigation of all the circumstances connected with said disaster and loss of life to be made, with a view of ascertaining the cause of the disaster, and whether any of the officers or employees of the service have been guilty of neglect or misconduct in the premises; And any officer or clerk in the employment of the Treasury Department who may be detailed to conduct such investigation, or to examine into any alleged incompetency or misconduct of any of the officers or employees of the Life-Saving Service, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. SEC. 10. That section six of said act of June twentieth, eighteen. members of volun- hundred and seventy-four, is so amended as to extend the compensa tion of the enrolled members of volunteer crews of life-boat stations teer crews of life tended. therein named to occasions of actual and deserving service at any boat stations exshipwreck, or in the relief of any vessel in distress, and that such 1874, June 20, persons as may volunteer to take the place of any absent or disabled ch. 344, § 6, ante, enrolled members of a crew, and who shall be accepted by the keeper, p. 29. may be paid therefor, in the discretion of the Secretary of the Treasury, a sum not to exceed eight dollars each on every such occasion: Provided, That all crews and volunteers employed under authority Duty of crews. of this act who may be present at a wreck shall be required to use their utmost endeavors to save life and properly care for the bodies of such as may perish, and, when such efforts are no longer necessary, to save property and protect the same, under the direction of the senior keeper present or of the superintendent of the district, until the arrival of persons legally authorized to take charge; enrolled crews. And for the time employed in so saving and protecting property Pay of volunvolunteers shall be entitled to compensation not to exceed three dol- teers for saving, lars per day each, in the discretion of the Secretary of the Treasury. &c., property. SEC. 11. That the enrolled members of the crews of life-boat sta- Drill, &c., of tions may be called out for drill and exercise in the life-boat and life-saving apparatus as often as the general superintendent may determine, not to exceed twice a month, for each day's attendance at which they shall be entitled so the sum of three dollars each. Sec. 12. That the Secretary of the Treasury is hereby authorized Life-saving to bestow the life-saving medal of the second class upon persons medals bestowed making such signal exertions in rescuing and succoring the ship- by Secretary of Treasury. wrecked, and saving persons from drowning, as, in his opinion, shall 1874, June 20,ch. merit such recognition. [June 18, 1878.] 344, §7,ante, p. 29. 1882, May 4, ch, 117,89, post,p.341. CHAP. 267.-An act relative to examinations for promotions in the Navy. June 18, 1878. 20 Stat. L., 165. In promotions, Be it enacted, &c. That hereafter in the examination of officers in the Navy for promotion no fact which occurred prior to the last matters decided at examination of the candidate whereby he was promoted, which has nation not to be previous examibeen enquired into and decided upon, shall be again enquired into, inquired into. but such previous examination, if approved, shall be conclusive, R. S.. §§ 1498unless such fact continuing shows the unfitness of the officer to perform all his duties at sea. SEC. 2. [Relates to past cases.] [June 18, 1878.] 1504. 18 C. Cls., 604. 24 C. Cls., 442. CHAP. 268.-An act to amend section forty-six hundred and ninety five of the Revised Statutes of the United States. June 18, 1878. 20 Stat. L., 166. Be it enacted, &c., That from and after July sixteenth, eighteen Lieutenanthundred and sixty-two pensions granted to lieutenant-commanders commanders' penin the Navy for disability, or on account of their death, shall be the sion. same as theretofore provided for lieutenants-commanding. 18, 1878.] [June R. S., § 4695. CHAP. 311.-An act to regulate expenditures in the Navy. June 19, 1878. 20 Stat. L., 167. Tabular state Be it enacted, &c., That from and after the passage of this act, it shall be the duty of the Secretary of the Treasury to transmit to ment of receipts Congress, annually, a tabular statement showing in detail the re- of naval service to and expenditures ceipts and expenditures in the Naval service under each appropria- be laid before Contion, as made up and determined by the proper officers of the Treas- gress annually. ury Department, upon the accounts of disbursing-officers rendered R. S., § 429. for settlement. SUP R S -13 |