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Index of documents. Sec. 62, ibid.

Surplus documents in Execu

ments, etc. Sec. 67, ibid.

and every document sold by him, and the price of the same. He shall also report monthly to the Public Printer the number of documents received by him and the disposition made of the same. He shall have general supervision of the distribution of all public documents, and to his custody shall be committed all documents subject to distribution. excepting those printed for the special official use of the Executive Departments, which shall be delivered to said Departments, and those printed for the use of the two Houses of Congress, which shall be delivered to the folding rooms of said Houses and distributed or delivered ready for distribution to Members and Delegates upon their order by the superintendents of the folding rooms of the Senate and House of Representatives. Sec. 61, ibid.

The superintendent of documents shall, at the close of each regular session of Congress, prepare and publish a comprehensive index of public documents, beginning with the Fifty-third Congress, upon such plan as shall be ap proved by the Joint Committee on Printing; and the Public Printer shall, immediately upon its publication, deliver to him a copy of each and every document printed by the Government Printing Office; and the head of each of the Executive Departments, bureaus, and offices of the Gov ernment shall deliver to him a copy of each and every document issued or published by such Department, bureau, or office not confidential in its character. He shall also prepare and print in one volume a consolidated index of Congressional documents, and shall index such single vol umes of documents as the Joint Committee on Printing shall direct. Of the comprehensive index and of the consolidated index two thousand copies each shall be printed and bound in addition to the usual number, two hundred copies for the use of the Senate, eight hundred copies for the use of the House, and one thousand copies for distribution by the superintendent of documents. Sec. 62, ibid.

All documents at present remaining in charge of the tive Depart several Executive Departments, bureaus, and offices of the Government not required for official use shall be delivered to the superintendent of documents, and hereafter all public documents accumulating in said Departments, bureaus, and offices not needed for official use shall be annually turned over to the superintendent of documents for distribution or sale. Sec. 67, ibid.

Surplus in Congressional apportionment.

Sec. 68, ibid.

Whenever in the division among Senators, Representatives, and Delegates of documents printed for the use of Congress there shall be an apportionment to each or either House in round numbers, the Public Printer shall not de

liver the full number so accredited at the respective folding rooms, but only the largest multiple of the number constituting the full membership of each or either House, including the Secretary and Sergeant-at-Arms of the Senate and Clerk and Doorkeeper of the House, which shall be contained in the round numbers thus accredited to each or either House, so that the number delivered shall divide evenly and without remainder among the members of the House to which they are delivered; and the remainder of all documents thus resulting shall be turned over to the superintendent of documents, to be distributed by him, first, to public and school libraries for the purpose of completing broken sets; second, to public and school libraries that have not been supplied with any portion of such sets; and, lastly, by sale to other persons; said libraries to be named to him by Senators, Representatives, and Delegates in Congress; and in this distribution the superintendent of documents shall see that as far as practicable an equal allowance is made to each Senator, Representative, and Delegate. Sec. 68, ibid.

A catalogue of Government publications shall be prepared by the superintendent of documents on the first day of each month, which shall show the documents printed during the preceding month, where obtainable, and the price thereof. Two thousand copies of such catalogue shall be printed in pamphlet form for distribution. Sec. 69, ibid.

Catalogue.
Sec. 69, ibid.

to be investiga

Sec. 70, ibid.

The superintendent of documents shall thoroughly inves- Libraries, etc., tigate the condition of all libraries that are now designated ted. depositories, and whenever he shall ascertain that the number of books in any such library, other than college libraries, is below one thousand, other than Government. publications, or it has ceased to be maintained as a public library, he shall strike the same from the list, and the Senator, Representative, or Delegate shall designate another depository that shall meet the conditions herein required. Sec. 70, ibid.

DEPARTMENTAL DISTRIBUTION.

Distribution.

Government publications printed for or received by the Departmental Executive Departments, whether for official use or for dis-Sec. 92, ibid. tribution, shall be distributed by a competent person detailed to such duty in each Department by the head thereof. He shall keep an account in detail of all publications received and distributed by him. He shall prevent duplication, and make detailed report to the head of the Department, who shall transmit the same annually to Congress. Sec. 92, ibid.

Documents to
Legations.
Sec. 75, ibid.

Exchanges.
Sec. 95, ibid.

Sending "with compliments" forbidden, ibid.

Documents and reports may be furnished to foreign legations to the United States upon request specifying those desired and requisition made upon the Public Printer by the Secretary of State: Provided, That such gratuitous distribution shall only be made to legations whose Governments furnish to legations from the United States copies of their printed and legislative documents desired. Sec. 75, ibid.

Heads of Departments are authorized to exchange surplus documents for such other documents and books as may be required by them, when the same can be done to the advantage of the public service. Sec. 95, ibid.

No report, document, or publication of any kind distributed by or from an Executive Department or bureau of the Government shall contain any notice that the same is sent with "the compliments" of an officer of the Government, or with any special notice that it is so sent, except that notice that it has been sent, with a request for an acknowledgment of its receipt, may be given. Sec. 73, ibid. Government publications furnished to judicial and execproperty of reci- utive officers of the United States for their official use pient. Sec. 74, ibid. shall not become the property of these officers, but on the expiration of their official term shall be by them delivered to their successors in office and all Government publications delivered to designated depositories or other libraries shall be for public use without charge. Sec. 74, ibid.

Publications not to become

Sale of copies.
Sec. 42, ibid.

Sale of plates.
Sec. 52, ibid.

SALE OF PLATES AND COPIES OF DOCUMENTS.

The Public Printer shall furnish to all applicants giving notice before the matter is put to press, not exceeding two hundred and fifty to any one applicant, copies of bills, reports and documents, said applicants paying in advance the cost of such printing with ten per centum added: Provided, that the printing of such work for private parties shall not interfere with the printing for the Government. Sec. 42, ibid.

The Public Printer shall sell, under such regulations as the Joint Committee on Printing may prescribe, to any person or persons who may apply additional or duplicate stereotype or electrotype plates from which the Government publication is printed, at a price not to exceed the cost of composition, the metal and making it to the Government and ten per centum added: Provided, That the full amount of the price shall be paid when the order is filed: And provided further, That no publication reprinted from such stereotype or electrotype plates and no other Government publication shall be copyrighted. Sec. 52, ibid.

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In the early periods of English history military law existed only in time of actual war. When war broke out troops were raised as occasion required, and ordinances for their government, or, as they were afterwards called, Articles of War, were issued by the Crown, with the advice of the constable or of the peers or other experienced persons, or were enacted by the commander in chief in pursuance of an authority for that purpose given in his commission from the Crown. (a)

These ordinances or articles, however, remained in force only during the service of the troops for whose government they were issued, and ceased to operate on the conclusion of peace. Military law, in time of peace, did not come into existence until the passing of the first mutiny act in 1689.

The system of governing troops in active service by articles of war, issued under the prerogative power of the Crown, whether issued by the King himself, or by the commanders in chief, or by other officers holding commissions from the Crown, continued from the time of the Conquest till long after the passing of the annual mutiny acts, (b) and did not actually cease till the prerogative power of issuing such articles was superseded in 1803 by a corresponding statutory power. (c)

The earlier articles were of excessive severity, inflicting death or loss of limb for almost every crime. Gradually, however, they assumed something of the shape which they bear in modern times, and the Ordinances or Articles of War issued by Charles I in 1672 formed the groundwork of the Articles of War of 1878, which were consolidated with the mutiny act in the army discipline and regulation act of 1879, which was replaced by the army act of 1881. The army act of 1881, which now con stitutes the military code of the British army has of itself no force, but requires to be brought into operation annually by another act of Parliament, thus securing the constitutional principle of the control of the Parliament over the discipline requisite for the government of the army (d)

The Rules and Articles of War were derived originally from the English mutiny act and articles of war under the following circumstances: In May. 1775, the Conti nental Congress met in Philadelphia and at once proceeded to levy and organize an army. A system of rules for its government was, of course, indispensable.. The members of this Congress were naturally familiar with the English military code. The local troops serving with the English forces sent to this country in 1754 had been brought under the mutiny act, while the armies of Gage and Burgoyne were governed by the English code at the time the first "Continental troops" were raised. It was but natural, therefore, that this body should turn to the mutiny act as a model, and on June 30, 1775, the Congress promulgated articles, sixty-nine in number, for the government of the Continental troops. These articles were adopted from the English, in the same form as our present articles, modified, however, to meet the milder views which were entertained by a people who entertained an objection to a standing army. Additions were made in November of this year but were repealed by the act of September 30, 1776, and new articles adopted. These articles, one hundred and two in number, were modeled upon the British form and were arranged in eighteen sections. With some modifications they remained in force until 1806.

In September, 1789, they were formally recognized and adapted to the new Constitution by the First Congress of the United States. In 1806 the articles, one hundred and one in number, were rearranged and promulgated by Congress; (e) the divisions into sections were dropped and the old model substituted. These, with five or six modifications, remained in force for nearly seventy years, and were the governing code of the Army until the passage of the act of June 22, 1874(f) (18 Stat. L., 113). These articles are embodied in the Revised Statutes as sections 1342 and 1343 of that work.

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