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facie evidence.

Sec. 3, ibid.

like terms as the Revised Statutes are required to be kept for sale. For preparing and editing said Supplement, including the legislation of the Fifty-first Congress, and the indexing and all clerical work necessary to fully complete the same, there shall be paid to said editor the sum of six thousand dollars. Sec. 2, ibid.

422. That the publication herein authorized shall be To be prima taken to be prima facie evidence of the laws therein contained, but shall not change nor alter any existing law, nor preclude reference to nor control in case of any discrepancy, the effect of any original act passed by Congress. Sec. 3, ibid.

THE SUPPLEMENT OF 1895, VOL. II. 423. That the publication of the Supplement to the 1893, pplement of Revised Statutes of the United States sball be further , Feb;27, 1893, v. coixtinued under the editorial charge of the editor of the existing Supplement and his assistants. Act of February 27, 1893 (27 Stat. L., 177).

continued

27, p. 177.

THE STATUTES AT LARGE.3

424. That the Secretary of State shall cause the statutes Statutes at

Large at large enacted by each Congress, which shall be edited, 1874, 4, 373, ss.

7, 9, p. 114. and printed pursuant to the provisions of section seven of Sec. 9, Mar. 3, the act entitled “An act for publication of the Revised Statutes and the laws of the United States," approved June twentieth, eighteen hundred and seventy-four, to be

1875, v. 18, P. 401.

"The volume published in conformity to the authority herein conferred was pub. lished in 1891, and is entitled - Vol. 1, Supplement to the Revised Statutes of the United States. Second Edition. 1874-1891,' and supersedes the volume published under the authority conferred by the joint resolution, No. 44, of June 7, 1880 (21 Stat. L., 308).

? U'nder the authority couferred by this statnte a second volume of the Supplement was published in 1895. It contains all general legislation of the Filty.second and Fifty-ihird Congresses between January 22, 1892, and March 2, 1895. 3 Table shoring the period covered by each of the thirty volumes of the Statutes at

Large.

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Mar. 4, 1869 Mar.

4, 1871
Mar. 4, 1871 Mar 4, 1873
Dec. 1, 1873 Mar. 4. 1875
Dec. 6, 1875 Mar. 3, 1877
Oct. 15, 1877 Mar. 4, 1879
Mar. 18, 1879 Mar. 4, 1881
Dec. 5, 1881 Mar. 3, 1883
Dec. 3, 1883 Mar. 3, 1885
Dec. 7, 1885 Mar. 3, 1887
Dec. 5, 1887 Mar. 2, 18-9
Dec. 2, 1889 Mar. 3, 1891
Dec. 7. 1891 Mar. 3, 1893
Ing. 7, 1893 Mar. 3, 1895
Dec. 2, 1895 Jar. 3, 1897
Mar. 15, 1897 Mar. 3, 1899

10. 11 12. 13.

Dec. 1, 1815 Mar. 3, 1851
Dec. 1, 1851 Mar. 3, 1855
Dec. 3, 1855 Mar. 3, 1859
Dec. 5, 1859 Mar. 4, 1863
Dec. 7, 1863 Mar. 4. 1865
Dec. 4. 1865 Mar. 4. 1867
Mar. 4. 1867 Mar. 4, 1869

15.

b Indian treaties. c European treaties, with general index to vols. 1-8, inclusive, Statutes at Large.

a Private laws.

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stereotyped and offered for sale in the saine manner and on
the same terms as is provided in and by section nine of
said act herein mentioned in respect to the laws of each
session of Congress. That the provisions of section two
of the act entitled “An act providing for the distribution
of the Revised Statutes," approved February eighteenth,
eighteen hundred and seventy-five, shall apply to the stat-
utes at large enacted by each Congress and to the laws of
each session of Congress, to be published pursuant to said
act of June twentieth, eighteen hundred and seventy-four,
in the same manner asif specially mentioned therein. Sec. 9,

act of March 3, 1875(18 Stat. L., 101).
Printing and 425. That the Congressional Printer be, and he is hereby,
binding

directed, in causing to be printed and bound an edition of
the laws at the close of the session for the use of the Senate
and the House of Representatives, to print the same from
the stereotype plates of the edition prepared under the di-
rection of the Department of State, with the index thereof;
and so much of the act entitled “An act to expedite and
regulate the printing of public documents, and for other
purposes," approved June twenty-fifth, eighteen hundred
and sixty-four, as requires the preparation of an alphabet-
ical index, under the direction of the Joint Committee on
Printing, be, and the same is hereby, repealed. Ibid.

426. The Secretary of State shall cause to be edited,
printed, published, and distributed pamphlet copies of the
statutes of the present and each future session of Con-
gress to the officers and persons hereinafter provided for;
said distribution shall be made at the close of every session
of Congress, as follows:

To the President and Vice-President of the United States,
two copies each; to each Senator, Representative, and Del-
egate in Congress, one copy;

to the Library of
Congress, fourteen copies; to the Department of State,
including those for the use of legations and consulates,
six hundred copies; to the Treasury Department, three
hundred copies; to the War Department, two hundred
copies; to the Navy Department, one hundred copies; to
the Department of the Interior, including those for the use
of the surveyors-general and registers and receivers of
public land offices, two hundred and fifty copies;
to the Department of Justice, including those for the use
of the Chief Justice and associate justices of the Supreme
Court and the judges and officers of the United States and
Territorial courts, five hundred copies;

to the
governors and secretaries of Territories, one copy each.

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The Secretary of State is authorized to have printed as many additional copies of the pamphlet laws as he may deem needful for distribution and sale by him, at cost price, not exceeding one thousand copies of the laws of any one session in any one year.

The Public Printer shall deliver to the folding rooms of the Senate and House of Representatives seven thousand copies of the pamphlet laws, two thousand copies of which shall be for the Senate and five thousand copies for the House, and to the superintendent of documents five hundred copies, for distribution to State and Territorial libraries and to designated depositories. Section 73, act of January 12, 1895 (28 Stat. L., 614).

427. After the close of each Congress the Secretary of State shall have edited, printed, and bound a sufficient number of the volumes containing the Statutes at Large enacted by that Congress to enable him to distribute copies, or as many thereof as may be needed, as follows:

To the President of the United States, four copies, one of which shall be for the library of the Executive Mansion; to the Vice-President of the United States, one copy;

to the Library of Congress, fourteen copies; including four copies for the Law Library; to the Department of State, including those for the use of legations and consulates, three hundred and eighty copies; to the Treasury Department, including those for the use of officers of customs, three hundred copies; to the War Department, seventy-five copies; to the Navy Department, seventy-five copies; to the Department of the Interior, including those for the use of surveyors-general and registers and receivers of public land offices, two hundred and fifty copies; • * and the Public Printer shall deliver five hundred copies of the Statutes at Large to the superintendent of documents for distribution to State and Territorial libraries and to designated depositories. And the Secretary of State is authorized to have as many additional copies printed and bound as may, in his opinion, be needed for distribution and sale at cost thereof, not exceeding in any one year one thousand copies of the laws of any one Congress. Section 73, act of January 12, 1895 (2 Stat. L., 017).

428. The pamphlet copies of the statutes and the bound copies of the acts of each Congress shall be legal evidence of the laws and treaties therein contained in all the courts of the United States and of the several States therein. The said pamphlet and the Statutes at Large shall contain

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all laws, joint and concurrent resolutions, passed by Con
gress, and also all conventions, treaties, proclamations,
and agreements. Section 73, act of January 12, 1895 (28
Stat. L., 615).

ARMY REGULATIONS.

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429. President authorized to make 430. Secretary of War to cause all

and publish regulations for regulations now in force to
the Army.

be codified and published
to the Army.

President ani horized to make

for the

18, p. 337.

429. That so much of the act approved July 15, 1870, publish res entitled "An act making appropriations for the support of Army.

the Army for the year ending June 30, 1871, and for other Mar. 1, 1875, v.

purposes” as requires the system of General Regulations
for the Army therein authorised to be reported to Congress
at its next session, and approved by that body be, and the
same is hereby, repealed; and the President is hereby
authorised, under said section, to make and publish regu-
lations for the government of the Army in accordance with
existing laws. Act of March 1, 1875 (18 Stat. L., 337).

The Army Regulations derive their force from the power of the President is Com.
mander in Chict, and are binding upon all within the sphere of his legal and consti.
tutional authority. Kurtz v. Mottatt, 115 U. S., 487, 503; U. S. v. Eliason, 16 Pet.,
291; U.S. ». Freeman, 3 How., 556. The power of the Executive to establish rules
and regulations for the government of the Army is undoubted. The power to estab-
lish implies, neressarily, the power to modify or repeal, or to create anew. The
Secretary of War is the regular, constitutional organ of the President for the
administration of the military establishment of the nation, and orders publicly
promulgated thronglı him must be received as the act of the Executive and, as
such, be binding upon all within the sphere of his legal or constitutional authority.
Snch regulations can not be questioned or defied because they may be thought unwise,
or mistaken. U.S. v. Eliason. 16 let., 291, 302,

The term “regulations of an Executive Department" describes rules and regula-
tions relating to subjects on which a Department acts, which are made by the head
under an act of Congress conferring that power, and thereby giving to such regular
tions the force of law. A mero order of the President or of a Secretary is not a
regulation. Harvey r. V. S., 3 C. Cls. R., 38, 42; Dig. Opin. J. A. Gen., 166, par. 1,
and hotel. A "regulation” atfects a class of officers; an "instruction" is a direc-
tion to gover the conduet of the partie lar officer to whom it is addressed. Lan.
dran n. U. S., 16 C. Cis. R., 74 'The Army Regulations when sanctioned by the
President have the force of law, because it is done by him by the authority of law.
U.S. r. Freeman, 3 How , 556; Gratiot v. U.S., 4 How., 80; Ex parte Reed, 100 1'.Ş..
13; Smith v. U. S., 2.3 C. Cls. R., 452. When Congress permits regulations to be
formulated and published and carried into effect from year to year, the legislative
ratitication must be implied. Maddox v. U.S., 20 C. Cis. R., 19:3, 198.

The inthority of the lead of an Executive Department to issue orders, regula-
tious, and instructions, with the approval of the President, is subject to the condi.
tion, necessarily implied, that they must be consistent with the statutes which
have bern bacted by Congress. C.S. v. Symonds, 120 U. S., 46, 49; U. S. v. Bishop,
idem., 51; Dig. Opin. J. A. Gen., 166, par. i, noto 2; par. 6, p. 168. Regulations can
have no retroactive effect. U.S. v. Davis, 132 U.S., 334, Provision of statute exists
by which the statute regulations of the Army may, within certain limits, be altered
by the Secretary of War, but there is no such provision in regard to the statute
rogulations of the Navy: 6 Opin. Att. Gen., 10; & ibid., 337. The same discrepancy
exists in the military law of Great Britain. Tid.

Regulations prescribed and framed by the Seeretary of War and which are intended
for the direction and government of the officers of the Army and agents of the Depart-
ment do not bind the Commander in Chiet nor the head of the War Department.
Burns r. U.S., 12 Wall., 246; Smith v. I'. S., 24 C. Cls. R., 209, 215. But see Arthur
v. U.S. 16 C. Cls. R., 422, and U.S. v. Barrows, 1 Abb., 351.

Regulations which heads of Departments are expressly authorized to make, in
which the public is interested, become a part of that body of public records of which
the courts take judicial notice. Cala v. U.S., 152 U.S., 211.

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War to cause all

in force to becod.

430. That the Secretary of War is anthorized and Secretary of directed to cause all the regulations of the Army now in regulations now force to be codified and published to the Army, and to itied and pub. defray the expenses thereof out of the contingent fund Army

Sec. 2, June 23, of the Army. Sec. 2, act of June 23, 1879 (21 Stat. L., 31).

lished to tho

1879, v.21, 1. 34.

'Tho Secretary of War is expressly authorized by other enactments of Congress to prescribe regulations for the transportation, safe-keeping, and distribution of articles of supply purchased by the Quartermaster's and Subsistence Departments (sec. 219, R. S); for sine preparation, submission, and opening of bids, act of April 10, 1*74 (20 Stat L, 36): for tlus deposit of refuse ani debris from rivers that is calcu, lateul to interfere with navigation act of Aug 5, 1886 (21 Stat. L., 329); for the deposit of refuse material beyond the harbor lmes established in accordance with statinte, sec.id, act of Sept. 11. 1890 (20 Stat L., 455); for the use of the channel at the month of the Mississippi River wlich has been improved by the United States, act of June 1, 1874 (18 Stat. L , 50), for the use and operation of canals and other works of river and harbor improvement which liave been purchased or constructed by the United States sec. act of dug. 17, 1894 (28 Stat. L., 362); for the construction of bridges across the navigable waters of the United States; for the use of certain drawbridges, sec. 5 (ibid.); to serure a proper administrative examination of accounts sent to him in accordance with the provisions of the act of July 31, 1894 (28 Stat. L., 211), to carry out the provisions of the act of 29, 1894 (28 Stat. L., 47), in relation to property retums, tt.

Regulations may be divided into different classes with respoct to the question of the power of the person making the regulation to authorize an exception to it. There are, or may be, those which have received the sanction of Congress, and it is evident that the Secretary of War would have no authority to make an exception to one of these. There arealso those that are made pursuant to and in aid of a statute. These may be modified, but until this is done are binding as well on the authority that made them as on others. (. S. v. Bariows, 1 Abbott, 331.

There is also a large body of other regulations emanating from and depending solely on the authority of the President ås Commander in Chief. With reference to such regulations it has, I believe, been sometimes claimed that the same rulo should be applied to them that is applied to the regulations made pursuant to stat. ute. But this has not been done in practice, and I do not think that it should bo done, for the reason that it would seem to be an unecessary, embarrassing, and per. laps unconstitutional limitation of the authority of the President as Commander in Chief Opin. J. A. Gen. March 5, 1896.

HISTORICAL NOTE.

The first volume of Army Regulations, using that term in the sense in which it is now understood, was issued to the Army on May 1, 1813, under the anthority conformed by the art of March 3 of that year.

From March 29, 1779, until May 1, 1813, the "Regulations for the Order and Discipline of the Troops of the l'uted States' were in force. They were prepared by Major General Baron Steuben, the Iuspector General of the Army during the latter part of the war of the Revolution, and consisted in great part of matter which would now be properly termeel drill regulations, The work was tirst printed at Worcester, Mass., in 1728, and was formally approved and adopted by Congress on March 29, 1779. The last edition of the Struben regulations appeared in 1809, and it continued in use as a drill book after it had ceased to havo authority as a volume of army regulations. In 1804 a small volume was published, apparently with the sane: tion of the War Department, containing the Articles of War which had been enacted in 1806. to which were added such military laws as were then in force

Section j of the act of March 3. 1813 (2 Stat. 1, 819), Tequired the Secretary of War to prepare general regulations wbich.“when approved by the President of the United States, sliall be respected and obeyed until altered or revoked by the samo authority." The volume of regulations issued in pursuance of this authority was entitled "Military laws and rules and regulations for the armies of the United States," and was approved by the President on May 1, 1813. It contaned tho Articles of War of 1806, together with the statutes relating to the military estab. lishment and a small number of regulations properly so called Editions of this work were published in 1814 and 1815, the latter, however, without the authority of the War Department.

The act of April 24, 1816 (3 Stat. L., 298), provided that the "regulations in forco before the reduction of the Army be recognized as far as the same shall be found applicable to the service, subject, however, to such alterations as the Secretary of War av avlopt with the approbation of the President." In accordance with this legislation a volume of relations was issued in September, 1816, and in January, 1x20, a new editiou coutaining the orders of the War Department issued since Sep. teinber. 1-16

Section 14 of the act of March 2, 1821 (3 Stat. L., 616), contained a provision that "the system of regulatious prepared by Major General Scott shall be, and the same are hereby, approved and adopted for the government of the Army of the l'nited States and of the militia when in the service of the United States.

These regula lations were approved by President Monroe and published to the Army in July, 1821. On May 7, 182, section 14 of the act of March 2 1821 was formally repeated, thus withdrawing the legislative sanction which had been conferred by the statute abovo cited. As to this enactment Attorney General Wirt advised that, * notwithstanding such repeal, the regulations having received the sanction of the President, continued in force by the authority of the President in all cases where they did not contlict with positive legislation.” (1 Opin. Att. Gen., 519.) Thu Regulations of 1821 were

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