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January 28, 1901. 31 Stat. L., 744.

Dist. Columbia.
Substitute for

1898, July 8, ch.

639, § 1 (2 Supp.
R. S., 890).
Police court.

Security for ap

pearance.

-amount.

CHAP. 183.-An Act To amend the Act entitled "An Act to amend the criminal laws of the District of Columbia," approved July eighth, eighteen hundred and ninetyeight. (1)

Be it enacted, &c., That section one of an Act entitled "An Act to amend the criminal laws of the District of Columbia," approved July amended so that the same shall read: eighth, eighteen hundred and ninety-eight, be, and the same is hereby,

"That every person charged with an offense triable in the police court of the District of Columbia may give security for his appearance for trial or for further hearing either by giving bond to the satisfaction of the court or by depositing money as collateral security in such amount as the court, the assistant attorney for the United States, the special assistant attorney for the District of Columbia, or the lieutenant or acting lieutenant of police of the precinct in which the person is detained may determine with the clerk of the police court, or the lieutenant or acting lieutenant of police, or the station keeper of the police precinct within which such person may be apprehended. -collateral de- And whenever any sum of money shall be deposited as collateral posited remains security as hereby provided it shall remain, in contemplation of law, property of per- the property of the person depositing it until duly forfeited by the

son, etc.

court; and when forfeited it shall be, in contemplation of law, the property of the United States of America or of the District of Columbia, according as the charge against the person depositing it is instituted on behalf of the said United States or the said District; and -person receiv- every person receiving any sum of money deposited as hereby proing an agent, etc. vided shall be deemed in law the agent of the person depositing the same or of the said United States or the said District, as the case may be, for all purposes of properly preserving and accounting for such

Fines become

States.

money.

"And all fines payable and paid under judgment of the said police property of Dis- court shall, upon their payment, immediately become, in contemplatrict or United tion of law, the property of the said United States or the said District, -responsibility according to the charge upon which such fine may be adjudged; and the person receiving any such fine shall be deemed in law the agent of the said United States or the said District as aforesaid, as the case may -embezzlement be; and any person, being an agent as herein before contemplated and

for.

of.

Rights of Humane Society, etc.,

defined, who shall wrongfully convert to his own use any money received by him as hereinbefore provided shall be deemed guilty of embezzlement, and upon conviction thereof be punished by a fine not exceeding five thousand dollars or by imprisonment not exceeding five years, or both:

"Provided, That nothing herein contained shall affect the ultimate rights under existing law of the Washington Humane Society, or the to fines not af- policeman's fund (by whatever name the same may be called or known), or the firemen's relief fund, of the District of Columbia, in or to any fines or forfeitures paid and collected in the said police court." [January 28, 1901.]

fected.

NOTE: (1) This is a substantial change and extension of the right to give security for appearance in certain minor offenses. The provisions relating to custody, respon sibility, etc., of the collateral and fine are new.

January 28, 1901. CHAP. 184.- -An Act To establish a branch soldiers' home at or near Johnson City. Washington County, Tennessee. 31 Stat. L., 745.

National Home

unteer Soldiers.

Be it enacted, &c., That the Board of Managers of the Home for for Disabled Vol- Disabled Volunteer Soldiers are hereby authorized and directed to Branch at John- locate a branch of the Home at Johnson City, Washington County, Tennessee, or within a radius of five miles thereof. The same shall not be located on a tract of land less than three hundred acres in extent.

son City, Tenn.

SEC. 2. That said branch home shall be located and the ground pur--when to be lochased (unless the same be donated) by said Board of Managers within cated. three months, or as soon thereafter as practicable, from the approval of this Act.

SEC. 3. That within six months, or as soon thereafter as practicable, when erected. from the approval of this Act, the said Board of Managers shall commence the erection or purchase of a suitable building or buildings on the grounds so purchased for the use of said branch home.

That said building or buildings shall be completed at as early a day -and completed. as possible.

SEC. 4. That the sum of two hundred and fifty thousand dollars is hereby appropriated for the purposes hereinbefore mentioned and the improvement of the grounds of said branch home.

Appropriation.

Who may be ad

SEC. 5. (1) That all honorably discharged soldiers and sailors who served in the war of the rebellion and the Spanish-American war, and mitted to home. the provisional army and the volunteer soldiers and sailors of the war of eighteen hundred and twelve and of the Mexican war, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. [January 28, 1901.]

NOTE.-(1) The first four sections of this act establish a new branch home for disabled volunteer soldiers in addition to the existing branches.

The last section of the act appears to be general in its application to the home in all its branches, and extends the list of volunteer soldiers entitled to the benefits of the home, as contained in R. S., § 4832, to those of the Spanish-American War.

The laws relating to the National Home for Disabled Volunteer Soldiers are reviewed in note (1) to 1875, March 3, ch. 129, par. 6 (1 Supp. R. S., 71); 1892, April 11, ch. 40 (2 Supp. R. S., 8), and 1894, August 18, ch. 301, par. 17, notes (12-15), (2 Supp. R. S., 256-258).

Later legislation is contained in 1894, August 23, ch. 316 (2 Supp. R. S., 263), authorizing out-door relief in certain cases.

1896, June 13, ch. 420, par. 7 (2 Supp. R. S., 526), authorizing the sale of medical supplies to the home.

1897, July 19, ch. 9, par. 1 (2 Supp. R. S., 641), authorizing the condemnation of land for sites.

1899, March 3, ch. 423, par. 6 (2 Supp. R. S., 991), authorizing the issuance of condemned ordnance, etc., to the homes.

1900, June 6, ch. 791, par. 19, ante, p. 1438, in regard to the assistant general treasurers, etc.

1901, March 3, ch. 853, pars. 7, 9, 10, post, p. 1552, relative to treatment of insane inmates of the home on the Pacific coast; State jurisdiction over certain branch homes; the settlement of accounts of the home, and the performance of duties in the offices of branch treasurers and quartermasters.

January 31, 1901.

31 Stat. L., 745. Public lands. Mining laws ex

CHAP. 186.—An Act Extending the mining laws to saline lands. (1) Be it enacted, &c., That all unoccupied public lands of the United States containing (2) salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location tending to saline and purchase under the provisions of the law relating to placer-mining claims:

Provided, That the same person shall not locate or enter more than one claim hereunder. [January 31, 1901.]

NOTES. (1) R. S., §§ 2318-2352, make provision for mining claims. By 1880, January 22, ch. 9 (1 Supp. R. S., 276), R. S., §§ 2324, 2325, are amended.

By 1881, March 3, ch. 140 (1 Supp. R. S., 324), amending R. S., § 2326, in suits on mining claims, if neither party proves title, jury to so find, etc.

By 1891, March 3, ch. 564 (1 Supp. R. S., 948), provision is made for the protection of the lives of miners in the Territories.

By 1897, March 2, ch. 363, § 2 (2 Supp. R. S., 574), regulating the rights of aliens to hold real estate in the Territories, it is specially provided that its provisions should not be construed to prevent a person not a citizen from having an interest in a mine or mining claim.

By 1898, July 2, ch. 563 (2 Supp. R. S., 880), owners of mining claims enlisting in the military or naval service for duty in the war with Spain are exempted from performing assessment work during such period, etc.

(2) By 1877, January 12, ch. 18 (1 Supp. R. S., 127), provision is made for the sale of saline lands. See also note thereto for a review of laws relating to saline lands.

lands.

But one claim to be entered.

February 1, 1901.

31 Stat. L., 745. Des Moines,

CHAP. 189.-An Act To amend the law establishing a port of delivery at Des Moines, Iowa.

Iowa. 1892, April Be it enacted, &c., That section two of an Act entitled "An Act estab 7, ch. 37, 32 lishing a port of delivery at Des Moines, Iowa," approved April seventh, (2 Supp. R. S., 7). eighteen hundred and ninety-two, be, and is hereby, amended by striking out after the word "port," in said section, the words "whose salary shall be the usual fees and commissions," so as to read as follows:

surveyor of

customs to be appointed for port. R. S., §§ 2568, 2569.

February 1, 1901.

31 Stat. L., 746.

Leaves of absence.

navy-yards, etc.

"SEC. 2. That there shall be appointed a surveyor of customs, to reside at said port." [February 1, 1901.]

CHAP. 190.-An Act Providing for leaves of absence to certain employees of the
Government. (1)

Be it enacted, &c., That each and every employee of the navy-yards, -employees at gun factories, naval stations, and arsenals of the United States Government be, and is hereby, granted fifteen working days' leave of absence each year without forfeiture of pay during such leave: Provided, That it shall be lawful to allow pro rata leave only to those serving twelve consecutive months or more:

-where service less than twelve months.

-time for tak

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And provided further, That in all cases the heads of divisions shall have discretion as to the time when the leave can best be allowed without detriment to the service, and that absence on account of sickness shall be deducted from the leave hereby granted. [February 1, 1901.]

NOTE. (1) For a review of the laws relating to leaves of absence generally see note 6 to 1898, March 15, ch. 68 (2 Supp. R. S., 736).

February 2, 1901. CHAP. 192.-An Act To increase the efficiency of the permanent military establishment

31 Stat. L., 748. Army.

R. S., § 1094.

1899, March 2, ch. 352, §1 (2 Supp.

R. S., 960).
Composition.

Office of store

filled in case of vacancy.

Cavalry.

of the United States.

Be it enacted, &c., That from and after the approval of this Act the Army of the United States, including the existing organizations, shall consist of fifteen regiments of cavalry, a corps of artillery, thirty regiments of infantry, one Lieutenant-General, six major-generals, fifteen brigadier-generals, an Adjutant-General's Department, an InspectorGeneral's Department, a Judge-Advocate-General's Department, a Quartermaster's Department, a Subsistence Department, a Medical Department, a Pay Department, a Corps of Engineers, an Ordnance Department, a Signal Corps, the officers of the Record and Pension Office, the chaplains, the officers and enlisted men of the Army on the retired list, the professors, corps of cadets, the army detachments and band at the United States Military Academy, Indian scouts as now authorized by law, and such other officers and enlisted men as may hereinafter be provided for:

Provided, That when a vacancy shall occur through death, retirement, keeper not to be or other separation from active service in the office of storekeeper, now provided for by law in the Quartermaster's Department and Ordnance Department, respectively, said office shall cease to exist. SEC. 2. That each regiment of cavalry shall consist of one colonel, -composition of one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants; two veterinarians, one sergeantmajor, one quartermaster-sergeant, one commissary-sergeant, three squadron sergeants-major, two color-sergeants with rank, pay, and allowances of squadron sergeant-major, one band, and twelve troops organized into three squadrons of four troops each.

regiment.

R. S., § 1102.

1899, March 2, ch.352, $2(2Supp.

R. S., 961).

-detail as staff officers.

Of the officers herein provided, the captains and lieutenants not required for duty with the troops shall be available for detail as regi

mental and squadron staff officers and such other details as may be authorized by law or regulations.

Squadron adjutants shall receive one thousand eight hundred dollars -Pay of squadper annum and the allowances of first lieutenants; squadron quarter- ron adjutants, quartermasters, masters and commissaries shall receive one thousand six hundred dol- and commissaries." lars per annum and the allowances of second lieutenants.

-band.

R. S., § 1103.

Each cavalry band shall be organized as now provided by law. Each troop of cavalry shall consist of one captain, one first lieutenant, -troop, compoone second lieutenant, one first sergeant, one quartermaster-sergeant, tion. six sergeants, six corporals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters, and forty-three privates; the commissioned officers to be assigned from among those herein before authorized:

-number of

Provided, That the President, in his discretion, may increase the number of corporals in any troop of cavalry to eight, and the number corporals may be of privates to seventy-six, but the total number of enlisted men increased. authorized for the whole Army shall not at any time be exceeded.

SEC. 3. That the regimental organization of the artillery arm of the United States Army is hereby discontinued, and that arm is constituted and designated as the Artillery Corps. It shall be organized as hereinafter specified and shall belong to the line of the Army.

SEC. 4. That the Artillery Corps shall comprise two branches-the coast artillery and the field artillery.

The coast artillery is defined as that portion charged with the care and use of the fixed and movable elements of land and coast fortifications, including the submarine mine and torpedo defenses;

and the field artillery as that portion accompanying an army in the field, and including field and light artillery proper, horse artillery, siege artillery, mountain artillery, and also machine-gun batteries:

arm

Artillery changed to Artillery Corps.

R.S., § 1099. 1899, March 2,ch.352, §3 (2 Supp. R.S.,961). Artillery Corps.

-coast artillery.

-field artillery.

-interchange of

Provided, That this shall not be construed to limit the authority of the Secretary of War to order coast artillery to any duty which the duty, etc. public service demands or to prevent the use of machine or other field guns by any other arm of the service under the direction of the Secretary of War.

SEC. 5. That all officers of artillery shall be placed on one list, in respect to promotion, according to seniority in their several grades, and shall be assigned to coast or to field artillery according to their special aptitude for the respective services.

list of officers. interchange of assignments.

Composition of

SEC. 6. That the Artillery Corps shall consist of a Chief of Artillery, who shall be selected and detailed by the President from the colonels Artillery Corps. of artillery, to serve on the staff of the general officer commanding the Army, and whose duties shall be prescribed by the Secretary of War; fourteen colonels, one of whom shall be the Chief of Artillery; thirteen lieutenant-colonels, thirty-nine majors, one hundred and ninetyfive captains, one hundred and ninety-five first lieutenants, one hundred and ninety-five second lieutenants; and the captains and lieutenants. provided for in this section not required for duty with batteries or companies shall be available for duty as staff officers of the various artillery garrisons and such other details as may be authorized by law and regulations; twenty-one sergeants-major, with the rank, pay, and officers, etc. allowances of regimental sergeants-major of infantry; twenty-seven sergeants-major, with the rank, pay, and allowances of battalion sergeants-major of infantry; one electrician sergeant to each coast artillery post having electrical appliances; thirty batteries of field artillery, one hundred and twenty-six batteries of coast artillery, and ten bands organized as now authorized by law for artillery regiments:

-detail as staff

-limit in num

Provided, That the aggregate number of enlisted men for the artillery, as provided under this Act, shall not exceed eighteen thousand ber of men. nine hundred and twenty, exclusive of electrician sergeants.

Coast artillery, organization.

-enlisted men.

-pay of gun

ners.

Field artillery. -enlisted strength of battery.

Time of making increase.

Vacancies to be

SEC. 7. That each company of coast artillery shall be organized as is now prescribed by law for a battery of artillery:

Provided, That the enlisted strength of any company may be fixed, under the direction of the Secretary of War, according to the requirements of the service to which it may be assigned:

And provided, That first-class gunners shall receive two dollars a month, and second-class gunners one dollar per month in addition to their pay.

SEC. 8. That each battery of field artillery shall be organized as is now prescribed by law, and the enlisted strength thereof shall be fixed under the direction of the Secretary of War.

SEC. 9. That the increase herein provided for the artillery shall be made as follows: Not less than twenty per centum before July first, nineteen hundred and one, and not less than twenty per centum each succeeding twelve months until the total number provided for shall have been attained.

All vacancies created or caused by this Act shall be filled by profilled by promo- motion according to seniority in the artillery arm.

tion.

-transfers from other arms.

-proportionate increase of officers.

Infantry.

1107; 1899, March

Second lieutenants of infantry or cavalry may, in the discretion of the President, be transferred to the artillery arm, taking rank therein according to date of commission, and such transfers shall be subject to approval by a board of artillery officers appointed to pass upon the capacity of such officers for artillery service:

Provided, That the increase of officers of artillery shall be only in proportion to the increase of men.

SEC. 10. That each regiment of infantry shall consist of one colonel, R. S., $8 1106, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieu2, ch. 352, § 4 (2 tenants, and fifteen second lieutenants; one sergeant-major, one Supp. R. S., 962). quartermaster-sergeant, one commissary-sergeant, three battalion ser-composition. geants-major, two color sergeants, with rank, pay, and allowances of battalion sergeants-major, one band, and twelve companies, organized into three battalions of four companies each.

-detail as staff officers.

-pay of battal

quartermasters,

Of the officers herein provided, the captains and lieutenants not required for duty with the companies shall be available for detail as regimental and battalion staff officers and such other details as may be authorized by law or regulations.

Battalion adjutants shall receive one thousand eight hundred dollars. ion adjutants, per annum and the allowances of first lieutenants, mounted; battalion and commissaries. quartermasters and commissaries shall receive one thousand six hundred dollars per annum and the allowances of second lieutenants, mounted.

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Each infantry band shall be organized as now provided by law. Each infantry company shall consist of one captain, one first lientenant, one second lieutenant, one first sergeant, one quartermastersergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and forty-eight privates, the commissioned officers to be assigned from those hereinbefore authorized:

Provided, That the President, in his discretion, may increase the number of sergeants in any company of infantry to six, the number of corporals to ten, and the number of privates to one hundred and twenty-seven, but the total number of enlisted men authorized for the whole Army shall not, at any time, be exceeded.

SEC. 11. That the enlisted force of the Corps of Engineers shall consist of one band and three battalions of engineers.

The engineers band shall be organized as now provided by law for bands of infantry regiments.

Each battalion of engineers shall consist of one sergeant-major, one quartermaster-sergeant, and four companies. Each company of engi neers shall consist of one first sergeant, one quartermaster-sergeant,

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