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Unlawful

posits forbidden. Sec. 2, ibid.

Penalty.
Sec. 3, ibid.

Limitation.
Sec. 4, ibid.

sufficiently inclosed and secured so as to prevent injury to navigation. Act of May 19, 1896 (29 Stat. L., 126).

de- 853. That it shall be unlawful for any owner or occupant of any wharf or dock, any captain or master of any vessel, or any other person or persons to cast, throw, deposit, or drop in any dock or in the waters of the Potomac River or its tributaries in the District of Columbia any dead fish, fish offal, dead animals of any kind, condemned oysters in the shell, watermelons, cantaloupes, vegetables, fruits, shavings, hay, straw, ice, snow, filth, or trash of any kind whatsoever. Sec. 2, ibid.

854. That any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof in the police court of the District of Columbia shall be punished by a fine not exceed ing one hundred dollars or by imprisonment not exceeding six months, or by both such punishments, in the discretion of the court. Sec. 3, ibid.

855. That nothing in this act contained shall be construed to interfere with the work of improvement in or along the said river and harbor, under the supervision of the United States Government. Sec. 4, ibid.

CHAPTER XXII.

THE ORDNANCE DEPARTMENT-THE BOARD OF
ORDNANCE AND FORTIFICATION, ARMS,
ARMORIES, AND ARSENALS.

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856. The Ordnance Department; 868. Detail of artificers. composition; examinations. 869. Returns of ordnance. 857. Promotions; examinations for 870. Reports of damages. promotion.

858. Duties of Chief of Ordnance. 859. Issues.

860. Depots.

861. Semiannual reports.
862. Pay of principal assistant to
Chief of Ordnance.

863. Rank of ordnance storekeep

ers.

864. Storekeepers may act as pay

masters.

865. Ordnance-sergeants.

866. How selected.

867. Enlisted men of ordnance.

871. Cost of repairs to be de-
ducted, etc.

872. Purchases not exceeding $200
in amount; how made.

873. Sale of unserviceable ord-
nance stores.

874. Exchange or sale of unserv-
iceable powder and shot.
Sale of useless ordnance; pro-
ceeds available for pur-
chases of new material.

875.

876. Loans or gifts of condemned
ordnance authorized.

Ordnance De. partment; com.

Feb. 8, 1815, v.

185c. 5. June 23, Sec. 1159, R. S.

1874, v. 18, p. 245.

856. That the Ordnance Department shall consist of one Chief of Ordnance, with the rank, pay, and emoluments of position. a brigadier-general; three colonels, four lieutenant-colonels, 3, p. 203. ten majors, twenty captains, sixteen first lieutenants; and all vacancies which may hereafter exist in the grade of first lieutenant in said Department shall be filled by transfer from the line of the Army: Provided, That no appointment or promotion in said Department shall hereafter be made until the officer or person so appointed [or promoted] shall have passed a satisfactory examination before a board Examinations. of ordnance-officers senior to himself. Sec. 5, act of June 23, 1874 (18 Stat. L., 245).

The Department was reorganized by section 5 of the act of June 23, 1874 (18 Stat. L., 245), which replaced the provisions of section 1159, Revised Statutes, in respect to the same subject See, also, Scott's Digest, par. 401, notes.

Examinations for promotion in this Department are now regulated by the acts of
October 1, 1890 (26 Stat. L. 562), and July 27, 1892 (27 Stat. L., 276).

Vacancies in the lowest grade in the Ordnance Department are filled by the
appointment of officers from the line of the Army who have passed a satisfactory
examination of the kind prescribed in this section. The conditions of appointment
and examination are set forth in the following paragraphs of the Army Regulations

of 1895:

Vacancies in the grade of first lieutenant of ordnance are filled by transfer from

1919-20

Examination

of certain officers

857. That the examination of officers of the Corps of of Engineers and Engineers and Ordnance Department, who were officers or Sec. 2, July 27, enlisted men in the regular or volunteer service, either in 1892, v. 27, p. 276. the Army, Navy, or the Marine Corps, during the war of the

Ordnance.

Duties of Chief

of Ordnance.

38, s. 8, v. 3, p. 203. Sec. 1164, R. S.

rebellion, shall be conducted by boards composed in the same manner as for the examination of other officers of their respective corps or department; and the examinations shall embrace the same subjects prescribed for all other officers of similar grades in the Corps of Engineers and Ordnance Department, respectively. Sec. 2, act of July 27, 1892 (27 Stat. L., 276).

858. It shall be the duty of the Chief of Ordnance to Feb. 8, 1815, c. furnish estimates, and, under the direction of the Secretary of War, to make contracts and purchases, for procuring the necessary supplies of ordnance and ordnance stores, for the use of the armies of the United States; to direct the inspection and proving of the same, and to direct the construction of all cannon and carriages, ammunition-wagons, traveling forges, artificers' wagons, and of every implement and apparatus for ordnance, and the preparation of all kinds of ammunition and ordnance stores constructed or prepared for said service.

Issues.

Feb. 8, 1815, c.

859. The Chief of Ordnance, or the senior officer of that 38, s. 5, v. 3, p. 203. corps for any district, shall execute all orders of the Secre tary of War, and, in time of war, the orders of any general or field officer commanding an army, garrison, or detachment, for the supply of all ordnance and ordnance stores for garrison, field, or siege service.

Depots.
Feb. 8, 1815, c.

860. The Chief of Ordnance, under the direction of the 38, 8. 9, v. 3, p. 204. Secretary of War, may establish depots of ordnance and ordnance stores in such parts of the United States, and in such numbers, as may be deemed necessary.

Sec. 1165, R.S.

the line of the Army. To be eligible, an officer must be less than 30 years of age, must have served at least two years as an officer in the line of the Army, and must have passed a satisfactory examination before a board of ordnance officers. Appli cations for examination will be made to the Adjutant-General of the Army. (Par. 1489, A. R., 1895.)

Should the applicant be directed to appear before a board, he will, after passing a satisfactory preliminary examination as to his physical qualifications, be examined upon the following, or such other subjects as the Secretary of War may prescribe: Gun construction, present and past state of the art; ballistics and ballistic machines; types of projectiles and gun carriages; gunpowder, types and modes of manufacture; small arms and machine guns; employment of artillery, kinds of fire, etc.; armored defenses; materials for ordnance construction and processes of manufacture; torpedoes for coast defenses; general principles of mechanics. (Par. 1490, ibid.)

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The acts of June 23, 1874, March 3, 1875, and June 26, 1876, reorganizing the staff corps, provide that no officer now in service shall be reduced in rank or mustered out by reason of any provisions of law therein made reducing the number of officers in any department or corps of the Army." There are now in service, in excess of the number allowed by these acts, one military storekeeper, captain, in the Quarter. master's Department, and three ordnance storekeepers, captains, in the Ordnance Department. By the act of May 1, 1882 (22 Stat. L., 52), the appointment of an additional ordnance storekeeper was authorized. By the act of June 6, 1896 (29 Stat. L., 258), the ordnance storekeeper on duty in Washington as disbursing officer and assistant to the Chief of Ordnance was given the rank of major.

Promotions to the grade of colonel in this Department are made by seniority, sub ject, in the grades of captain and major, to the examinations required by the acts of October 1, 1890 (26 Stat. L., 562), and July 27, 1892 (27 Stat. L., 276). Officers of the Ordnance Department after fourteen years' continuous service as lieutenants are entitled to the benefits of section 1207, Revised Statutes. (See paragraph 700, ante.) For other statutory provisions respecting examinations, see paragraph 856, ante, and the chapters entitled THE STAFF DEPARTMENTS and THE ENGINEER DEPARTMENT.

861. The Chief of Ordnance shall, half-yearly, or oftener if so directed, make a report to the Secretary of War of all the officers and enlisted men in his department of the service, and of all ordnance and ordnance stores under his control.

19, p. 243.

ports.

Semiannual reFeb. 8, 1815, c. Feb. 27, 1877, c. 69,

38, s. 8. v. 3. p. 204;

v. 19, p. 242.

Sec. 1167, R. S.

pal assistant to

nance.

Feb. 27, 1877, v. Sec. 1279, R. S.

armory Rank of ord

nance store

145, s. 7, v. 14. p.

862. The principal assistant in the Ordnance Bureau Pay of princishall receive a compensation, including pay and emolu-Chief of Ordments, not exceeding that of a major of ordnance. 863. The ordnance store-keeper at Springfield shall have the rank of major of cavalry and the ordnance keepers. store-keeper now on duty in Washington as disbursing offi-, Mar. 2, 1867, c. cer and assistant to the Chief of Ordnance, United States 423; Mar. 3, 1869, Army, shall hereafter have the rank of major. Act of p. 318; June 23, June 6, 1896 (29 Stat. L., 260.) All other ordnance store- 8, v. 18, p. 245 keepers shall have the rank of captain of cavalry 864. Any number, not exceeding six, of the ornance Storekeepers storekeepers may be authorized to act as paymasters at masters. armories and arsenals.

c. 124, s. 6, v. 15,
1874, c. 458. 88.5,

June 6, 1896, v.
29, p. 260.
Sec. 1159, R. S.

may act as pay

Sec. 1161, R. S.

ENLISTED MEN OF ORDNANCE.

geants; number

865. There shall be an orduance-sergeant for each mili-Ordnance-sertary post, whose duty it shall be to take care of the ord-anuly, 1866, c. nance, arms, ammunition, and other military stores at such 299, s. 7, v. 14. p. post, under the direction of the commanding officer, and c.67, s. 2, v. 4, p. according to regulations prescribed by the Secretary of Sec. 1109, R. S. War.1

333; Apr. 5, 1832,

504.

How selected.

Apr. 5, 1832, c. Feb. 27, 1877, v.

s. 2.v. 4. p. 504;

866. Ordnance-sergeants shall be selected by the Secretary of War from the sergeants of the line who shall 67, have served faithfully for eight years, including four years 19, p. 242. in the grade of non-commissioned officer, and shall be assigned to their stations by him.

867. The Chief of Ordnance may enlist as many sergeants of ordnance, corporals of ordnance, and first and second class privates of ordnance, as the Secretary of War may direct.

Sec. 1110, R. S.

Enlisted men of ordnance.

June 18, 1846, c. July 5, 1862, c.133;

29, s. 11, v. 9, p. 18;

s. 3. v. 12, p. 508, July 28, 1866, c. 299, s. 21, v. 14, p. 335; June 23, 1874, c. 458, s. 5, v. 18, p. 245; Feb. 27, 1877, c. 69, v. 19, p. 242. Sec. 1162, R.S.

868. The Chief of Ordnance, subject to the approval of the Secretary of War, shall organize and detail to regiments, corps, or garrisons such numbers of ordnance enlisted men, furnished with proper tools, carriages, and apparatus, as may be necessary, and shall make regulations for their government.

For pay and allowances of ordnance-sergeants, see the chapters entitled THE PAY DEPARTMENT, THE QUARTERMASTER'S DEPARTMENT, and THE SUBSISTENCE DEPARTMENT.

cers.

Detail of artifi Feb. 8, 1815, c. Feb. 27, 1877, c.69,

38, s. 4, v.3, p. 203;

v. 19, p. 242.

Sec. 1163, R. S.

ACCOUNTABILITY FOR PROPERTY.

Returns of 869. The Chief of Ordnance shall, half-yearly, or oftener

ordnance.

38, s. 8, v. 3, p. 204;

Feb. 8, 1815, c. if so directed, make a report to the Secretary of War of all
Feb. 27, 1877,c.69, the officers and enlisted men in his department of the
v. 19, p. 2 242.
Sec. 1167, B. s. service, and of all ordnance and ordnance stores under his

Reports of damages.

38, s. 7, v. 3, p. 204.

control. Every officer of the Ordnance Department, every ordnance-store keeper, every post ordnance sergeant, each keeper of magazines, arsenals, and armories, every assistant and deputy of such, and all other officers, agents, or persons who shall have received or may be entrusted with any stores or supplies, shall quarterly, or oftener if so directed, and in such manner and on such forms as may be directed or prescribed by the Chief of Ordnance, make true and correct returns to the Chief of Ordnance of all ordnancearms, ordnance-stores, and all other supplies and property of every kind, received by or intrusted to them and each of them, or which may in any manner come into their and each of their possession or charge. The Chief of Ordnance, subject to the approval of the Secretary of War, is hereby authorized and directed to draw up and enforce in his department a system of rules and regulations for the gov ernment of the Ordnance Department, and of all persons in said department, and for the safe-keeping and preservation of all ordnance property of every kind, and to direct and prescribe the time, number, and forms of all returns and reports, and to enforce compliance therewith.'

870. Every officer commanding a regiment, corps, garri Feb. 8, 1815, c. son, or detachment shall make, once every two months, or Sec. 1220, R. S. oftener if so directed, a report to the Chief of Ordnance, stating all damages to arms, equipments, and implements belonging to his command, noting those occasioned by negligence or abuse, and naming the officer or soldier by whose negligence or abuse the said damages were occasioned.

Cost of repairs

to be deducted

871. The cost of repairs or damages done to arms, equip from pay of offi- ments, or implements, shall be deducted from the pay of Sec. 1303, B. s. any officer or soldier in whose care or use the same were

cer or soldier.

when such damages occurred, if said damages were occa sioned by the abuse or negligence of said officer or soldier.

PURCHASES.

Purchases not 872. Purchase of ordnance and ordnance stores and sup exceeding $200 in

made.

amount; how plies may be made by the Ordnance Department in open Aug. 6, 1895, v. market, in the manner common among business men, when 28, p. 242. the aggregate of the amount required does not exceed two

For statutory provisions on the subject of property returns, see the act of March 29, 1894 (28 Stat. L., 42); see also the chapter entitled THE PUBLIC PROPERTY.

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