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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 con- Sec. 3, ibid. tained, 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 thepplement of Revised Statutes of the United States shall be further, Feb. 27, 1893, v. 27, p. 477. continued under the editorial charge of the editor of the existing Supplement and his assistants. Act of February 27, 1893 (27 Stat. L., 477).
THE STATUTES AT LARGE.3
7, 9, p. 114.
Sec. 9, Mar. 3,
1875, v. 18, p. 401.
424. That the Secretary of State shall cause the statutes, Statutes at at large enacted by each Congress, which shall be edited, 1874, c. 373, 99. and printed pursuant to the provisions of section seven of, 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
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).
2 Under the authority conferred by this statute a second volume of the Supplement was published in 1895. It contains all general legislation of the Fifty-second and Fifty-third Congresses between January 22, 1892, and March 2, 1895.
Table showing the period covered by each of the thirty volumes of the Statutes at
e European treaties, with general index to vols. 1-8, inclusive, Statutes at Large.
stereotyped and offered for sale in the same manner and on
Printing and 425. That the Congressional Printer be, and he is hereby,
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 Congress 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,
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 regis ters 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 (28 Stat. L., 615).
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
all laws, joint and concurrent resolutions, passed by Congress, and also all conventions, treaties, proclamations, and agreements. Section 73, act of January 12, 1895 (28 Stat. L., 615).
President authorized to make
ulations for the
429. President authorized to make 430. Secretary of War to cause all
regulations now in force to be codified and published to the Army.
429. That so much of the act approved July 15, 1870, and publish reg entitled "An act making appropriations for the support of the Army for the year ending June 30, 1871, and for other 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 regulations 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 as Commander in Chief, and are binding upon all within the sphere of his legal and constitutional authority. Kurtz r. Moffatt, 115 U. S., 487, 503; U. S. v. Eliason, 16 Pet., 291; U. S. e. 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, necessarily, 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 through 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. Such regulations can not be questioned or defied because they may be thought unwise, or mistaken. U. S. v. Eliason. 16 Pet., 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 regulations the force of law. A mere order of the President or of a Secretary is not a regulation. Harvey v. U. S., 3 C. Cls. R., 38, 42; Dig. Opin. J. A. Gen., 166, par. 1, and note 1. A "regulation" affects a class of officers; an "instruction" is a direction to govern the conduct of the particular officer to whom it is addressed. Landram . U. S., 16 C. Cls. 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. v. Freeman, 3 How, 556; Gratiot v. U. S., 4 How., 80; Ex parte Reed, 100 U.S.. 13: Smith v. U. S., 23 C. Cls. R., 452. When Congress permits regulations to be formulated and published and carried into effect from year to year, the legislative ratification must be implied. Maddox v. U. S., 20 C. Cls. R.. 193, 198.
The authority of the head of an Executive Department to issue orders, regula tions, and instructions, with the approval of the President, is subject to the condition, necessarily implied, that they must be consistent with the statutes which have been enacted by Congress. U.S. v. Symonds, 120 U. S., 46, 49; U. S. v. Bishop, idem., 51; Dig. Opin. J. A. Gen., 166, par. 1, note 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 regulations of the Navy. 6 Opin. Att. Gen., 10; 8 ibid., 337. The same discrepancy exists in the military law of Great Britain. Ibid.
Regulations prescribed and framed by the Secretary of War and which are intended for the direction and government of the officers of the Army and agents of the Department do not bind the Commander in Chief nor the head of the War Department. Burns e. U. S., 12 Wall., 246; Smith v. U. 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. Calia v. U. S., 152 U. S., 211.
War to cause all
in force to be cod
430. That the Secretary of War is authorized 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 ified and pub. defray the expenses thereof out of the contingent fund of the Army. Sec. 2, act of June 23, 1879 (21 Stat. L., 34).
The 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 the preparation, submission, and opening of bids, act of April 10, 1878 (20 Stat L, 36); for the deposit of refuse and débris from rivers that is calenlated to interfere with navigation act of Aug 5, 1886 (24 Stat. L., 329); for the deposit of refuse material beyond the harbor lines established in accordance with statutes, sec. il, act of Sept. 11, 1890 (26 Stat L., 455); for the use of the channel at the mouth of the Mississippi River which 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 have been purchased or constructed by the United States, sec. 4 act of Aug. 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 secure 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 March 29, 1894 (28 Stat. L., 47), in relation to property returns, etc.
Regulations may be divided into different classes with respect 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 are also 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. U. S. v. Barrows, 1 Abbott, 351.
There is also a large body of other regulations emanating from and depending solely on the authority of the President as Commander in Chief. With reference to such regulations it has, I beheve, been sometimes claimed that the same rule should be applied to them that is applied to the regulations made pursuant to statute. But this has not been done in practice, and I do not think that it should be done, for the reason that it would seem to be an unnecessary, embarrassing, and perhaps unconstitutional limitation of the authority of the President as Commander in Chief. Opin. J. A. Gen. March 5, 1896.
lished to the
Sec. 2, June 23, 1879, v. 21, p. 34.
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 authority conferred by the act 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 United States were in force. They were prepared by Major General Baron Steuben, the Inspector 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 termed drill regulations. The work was first printed at Worcester, Mass.. in 1788, and was formally approved and adopted by Congress on March 29, 1779. The last edition of the Steuben regulations appeared in 1809, and it continued in use as a drill book after it had ceased to have authority as a volume of army regulations. In 1808 a small volume was published, apparently with the sanetion 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 3 of the act of March 3, 1813 (2 Stat. L., 819), required the Secretary of War to prepare general regulations which, when approved by the President of the United States, shall be respected and obeyed until altered or revoked by the same 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 contained the Articles of War of 1806, together with the statutes relating to the military establishment 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 force 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 may adopt with the approbation of the President." In accordance with this legislation a volume of regulations was issued in September, 1816, and in January, 1820, a new edition containing the orders of the War Department issued since September, 1816
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 United States and of the militia when in the service of the United States. These regu lations were approved by President Monroe and published to the Army in July, 1821. On May 7, 1822, section 14 of the act of March 2, 1821, was formally repealed, thus withdrawing the legislative sanction which had been conferred by the statute above 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 conflict with positive legislation." (1 Opin. Att. Gen., 549.) The Regulations of 1821 were