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Advance pay

ments may be re

of tests shall be

895. That in making tests for private citizens the officer quired. Record in charge may require payment in advance, and may use furnished to Am- the funds so received in making such private tests, makerican Society of Civil Engineers. ing full report thereof to the Chief of Ordnance; and the June 30, 1882, v. Chief of Ordnance shall give attention to such programme

22, p.

122.

Armories, officers, workmen.

14, s. 2, v.1, p, 352;

of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society to be by them published at their own expense.1 Act of June 30, 1882 (22 Stat. L., 122).

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898. When paid; who to give bond. 907. No royalty to be paid by

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896. At each arsenal there shall be established a national Apr. 2, 1794, c. armory, in which there shall be employed one superintendApr. 23, 1808, cent, who shall be an officer of the Ordnance Department, 55, s. 2, v.2, p. 490; Aug. 5, 1854, c. to be designated by the President; one master-armorer, 267, 8 1. v. 10. who shall be appointed by the President, and as many c. 57,8 5, v. 12, P. workmen as the Secretary of War may, from time to time, Sec. 1662, R. S. deem necessary.

578; Aug. 6, 1861,

318.

Pay of officers, clerks, etc., at ar

mories.

Aug. 23, 1842, c.

897. The ordnance officer in charge of any national armory shall receive no compensation other than his regular 186, s. 2.v.5, p.512; pay as an officer of the corps; the master-armorers shall 8.3 v. 11, p. 203; receive fifteen hundred dollars per annum each; the inspects. 5, v. 12, p. 318; ors and clerks, each, eight hundred dollars per annum,

Mar.3, 1857, c.106,

Aug. 6, 1861, c. 57,

Mar. 2, 1867, c.

167, s. 12, v. 14, p. except the clerks of the armory at Springfield, Massachusetts, who shall receive sixteen hundred and fifty dollars per annum.

467; June 23, 1874,
v. 18, p. 282.
Sec. 1663, R. S.

who to give bond.

When paid; 898. The several compensations fixed by the preceding
Aug. 23, 1842, c. section for master-armorers and inspectors shall be paid
186.8.2, v. 5 p.512.
Sec. 1664, R. S. quarter-yearly. All military store-keepers and paymasters

The acts of March 3, 1883 (22 Stat. L., 460), July 5, 1884 (23 Stat. L., 112), and
March 3, 1885 (23 Stat. L., 502), contain a similar provision.

shall give bond and security for the faithful discharge of their duties, in such sum as may be prescribed by the Secretary of War.

counts to Con

899. An annual account of the expenses of the national Annual ac. armories shall be laid before Congress, together with an gress. account of the arms made and repaired therein.

900. The Secretary of War is authorized to abolish such of the arsenals of the United States as, in his judgment, may be useless or unnecessary.

Apr. 2, 1794, c. 14, s.5, v. 1, p. 352. Sec. 1665, R. S. Arsenals may be abolished. Mar. 3, 1853, c. 98. s. 1, v. 10. pp. 214, 217.

Sec 1666, R. S.

arms to States,

s 3, v. 2. p 490;

Mar.3,1855, c. 169,

7. v. 10, p. 639.

Sec. 1667, R. S.

901. All the arms procured in virtue of any appropri- Distribution of ation authorized by law for the purpose of providing arms etc. Apr. 23, 1808, c. and equipments for the whole body of the militia of the 55 United States shall be annually distributed to the several s. States of the Union according to the number of their Representatives and Senators in Congress, respectively; and all arms for the Territories and for the District of Columbia shall be annually distributed in such quantities, and under such regulations, as the President may prescribe. All such arms are to be transmitted to the several States and Territories by the United States.

Enticing away workmen; pen

Sec. 1668, R. S.

902. If any person procures or entices any artificer or workman, retained or employed in any arsenal or armory, alty May 7, 1800, c. to depart from the same during the continuance of his en- 46, s. 2, v. 2. p. 61. gagement, or to avoid or break his contract with the United States, or if any person, after due notice of the engagement of any such workman or armorer, during the continuance of such engagement, retains, hires, or in anywise employs, harbors, or conceals such artificer or workman, he shall be fined not more than fifty dollars, or be imprisoned not more than three months.

903. If any artificer or workman, hired, retained, or employed in any public arsenal or armory, wantonly and carelessly breaks, impairs, or destroys any implements, tools, or utensils, or any stock, or materials for making guns, the property of the United States, or willfully and obstinately refuses to perform the services lawfully assigned to him, pursuant to his contract, he shall forfeit a sum not exceeding twenty dollars for every such act of disobedience or breach of contract, to be recovered in any court having competent jurisdiction thereof.

Working mea guilty of certain

misconduct.

May 7, 1800, c.

46, s. 3. v. 2, p. 62.

Sec. 1669, R. S.

Distribution of arms to States

received their

to 1869.

904. "The Secretary of War is authorized and directed to distribute to such States as did not receive the same, their which had not proper quota of arms and military equipment for each year, queta from 1862 from eighteen hundred and sixty-two to eighteen hundred Mar. 3, 1873, c. and sixty-nine, under the provisions of section sixteen hun-Sec. 1670, R. S. dred and sixty-one: Provided, That in the organization and equipment of military companies and organizations with

282, v. 17. p. 698.

Exemption from service as jurors.

such arms, no discrimination shall be made between companies and organizations on account of race, color, or former condition of servitude.'

905. All artificers and workmen employed in the armories and arsenals of the United States shall be exempted, 46, s. 4, v. 2. p 62; during their time of service, from service as jurors in any

May 7 1800, c.

Mar.3,1855 c.169,

8. 7, v. 10, p. 639. court.

Sec. 1671, R. S. Springfield breech-loading

for muskets and

906. The breech-loading system for muskets and carbines system to be used adopted by the Secretary of War known as "the Springfield breech-loading system," is the only system to be used 316, v. 17, p. 261. by the Ordnance Department in the manufacture of musSec. 1672, R. S. kets and carbines for the military service.2

carbines.

June 6, 1872. c.

officers for pat

June 6, 1872, c.

No royalty to 907. No royalty shall be paid by the United States to be paid by United States to its any one of its officers or employés for the use of any patent ent mentioned in for the system, or any part thereof, mentioned in the prepreceding sec tion. ceding section, nor for any such patent in which said offi316, v. 17, p. 261 cers or employés may be directly or indirectly interested. No money to 908. That hereafter no money shall be expended at said perfectinginven armories in the perfection of patentable inventions in the Mar. 3, 1875, v. manufacture of arms by officers of the Army otherwise 18, p. 455. compensated for their services to the United States. Act of March 3, 1875 (18 Stat. L., 455).

Sec. 1673, R. S.

be expended in

tions.

Magazine rifles; board of officers to test.

Feb. 27, 1893, v. 27, p. 486.

3

909. That no part of this appropriation shall be expended for the manufacture of magazine rifles of foreign invention until such magazine rifles of American invention as may be presented for tests to the War Department within the next thirty days shall have been tested by a board of officers to be selected by the Secretary of War, which board shall report to the Board of Ordnance and Fortification, on or before July first, eighteen hundred and ninety-three. If the decision of said board of officers shall be in favor of any American invention and shall also receive the approval of the Board of Ordnance and Fortification and the Secretary of War, then this appropriation, or such part thereof as the Secretary may direct, shall be expended in the manufacture of such American arm: Provided further, That if no such American invention shall be recommended by said board or receive the approval of the Secretary of War this

1 See chapter entitled THE MILITIA.

2 Under the authority conferred by several acts of appropriation (see paragraphs 908911 post), the Springfield breech-loading system has been superseded by a system of breech-loading magazine small arms.

3 By the act of March 3, 1883 (22 Stat. L., 625), the Secretary of the Interior and the Commissioner of Patents are authorized to grant any officer of the Government, except officers and employees of the Patent Office, a patent for any invention of the classes mentioned in section forty-eight hundred and eighty six of the Revised Statutes, when such invention is used or to be used in the public service, without the payment of any fee: Provided, That the applicant in his application shall state that the invention described therein, if patented, may be used by the Government or any of its officers or employees in the prosecution of work for the Government, or by any other person in the United States, without the payment to him of any royalty thereon, which stipulation shall be included in the patent."

appropriation shall be applicable to the manufacture of the magazine arm recommended for trial by the board recently in session and approved by the Secretary of War. Act of February 27, 1893 (27 Stat. L., 486).

910. Manufacture of arms at the national armories, four hundred thousand dollars: Provided, That this appropriation shall be applicable to the manufacture of the magazine arm recommended for trial by the board, recently in session, and approved by the Secretary of War.1 Act of August 6, 1891 (28 Stat. L., 242).

Manufacture of

arins, etc.

Aug. 6, 1894, v.

28, p. 242.

911. That hereafter the cost to the Ordnance Department,Arms for miliof all ordnance and ordnance stores issued to the States, Mar. 2, 1889, v. 25, p. 833. Territories, and District of Columbia, under the act of February twelfth, eighteen hundred and eighty-seven, shall be credited to the appropriation for "manufacture of arms at national armories," and used to procure like ordnance. stores, and that said appropriation shall be available until exhausted, not exceeding two years.2 Act of March 2, 1889 (25 Stat. L., 833).

ISSUES OF ARMS, ETC., TO EXECUTIVE DEPARTMENTS,

ETC.

to the several

partments.

20, p. 410.

912. That upon the request of the head of any Depart- Issue of arms ment, the Secretary of War be, and he hereby is, authorized Executive De and directed to issue arms and ammunition whenever they Mar. 3, 1879, v. may be required for the protection of the public money and property, and they may be delivered to any officer of the Department designated by the head of such Department, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired. Arms and ammunition heretofore furnished to any Department by the War Department, for which the War Department has not been reimbursed, may be receipted for under the provisions of this act. Act of March 3, 1879 (20 Stat. L., 410).

912a. The President and general officers commanding troops in Cuba are hereby authorized to furnish to the Cuban people such arms, ammunition, equipments, and military stores and supplies as they may require in order to increase their effective fighting force in the existing war against Spain. Sec. 2, act of May 18, 1898.

Under the authority conferred by these statutes a system of magazine small arms was adopted by the Secretary of War on the recommendation of the board convened in pursuance of the act of February 27, 1893 (27 Stat. L., 480). The magazine arm adopted is known as the Krag Jorgensen magazine rifle, caliber 30. This provision was repeated in the acts of February 12, 1895 (28 Stat. L., 682), and March 16, 1896 (29 Stat. L., 68), March 2, 1897 (ibid., 617), and March 15, 1898.

2 This provision was repeated in the act of June 13, 1890, (26 Stat. L, 158).

ban people.

30.

Issues to Cu-
May 18, 1898, v.

CHAPTER XXIII.

Chief Signal

Officer; duties.

Par.

THE SIGNAL DEPARTMENT.

Par.

913. Chief Signal Officer; duties. 921. Volunteer Signal Corps.

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917. Signal Corps to remain part 923. Military telegraph-lines,

of Military Establishment.

918. Signal Corps to be appropri

ated for with the Army.

919. Enlisted men.

920. War increase.

Chief Signal Officer to control; expenses, etc., how defrayed.

924. Construction of new lines. 925. Injury to telegraph-lines.

913. That the Chief Signal Officer shall have charge, Sec. 2, Oct. 1, under the direction of the Secretary of War, of all military 1890, v. 26, p. 653. signal duties, and of books, papers, and devices connected therewith, including telegraph and telephone apparatus and the necessary meteorological instruments for use on target ranges, and other military uses; the construction, repair, and operation of military telegraph-lines, and the duty of collecting and transmitting information for the Army by telegraph or otherwise, and all other duties usually pertaining to military signaling; and the operations of said corps shall be confined to strictly military matters.' Sec. 2, act of October 1, 1890 (26 Stat. L., 653).

The act of June 16, 1880 (21 Stat. L., 267), contained a provision conferring upon the Chief Signal Officer the rank and pay of a brigadier-general. The rank attached to the office under section 1195, Revised Statutes, was that of a colonel of cavalry. The duties performed by this officer in connection with the observation and report of storms were, by the act of October 1, 1890 (26 Stat. L., 653), transferred to the Department of Agriculture. This statute, which became operative on July 1, 1891, contained the following provisions:

SEC. 3. That the Chief of the Weather Bureau, under the direction of the Secre tary of Agriculture, on and after July first, eighteen hundred and ninety one, shali have charge of the forecasting of weather, the issue of storm warnings, the display of weather and flood signals for the benefit of agriculture, commerce, and navigation the ganging and reporting of rivers, the maintenance and operation of seacoast tele graph lines and the collection and transmission of marine intelligence for the benefit of commerce and navigation, the reporting of temperature and rain-fall conditions for the cotton interests, the display of frost and cold wave signals, the distribution of meteorological information in the interests of agriculture and commerce, and the taking of such meteorological observations as may be necessary to establish and record the climatic conditions of the United States, or as are essential for the proper execution of the foregoing duties.

SEC. 5. That the enlisted force of the Signal Corps, excepting those hereinafter 322

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