Useless ord [Par. 11.] That the (5) Secretary of the Navy is authorized to disnance material in pose of the useless ordnance material on hand at public sale, accordWar Department may be sold; ap- ing to law; propriation to procure new material &c. R. S., SS 3618, 1888. Sept. 22, ch. 1028, post, p. 619. 1884, July 5, ch. 3672, 3692. * * * [Part omitted is superseded by act cited in note (5).] And in the case of sale of like materials in the War Department, the proceeds of which shall be turned into the Treasury, an amount equal to the net proceeds of such sale is hereby appropriated for the purpose of procuring a supply of material adapted in manufacture and calibre to the present wants of the war service; And there shall be expended in the War Department, under this 235, §3. post. P. provision, not more than seventy-five thousand dollars in any one ch. 413, ante, p. 39. year. 468. 1874. June 22, * * Report to be made [Par. 12.] For graph lines. R. S., § 3617. * * * * * military telegraph-lines on the Indian of receipts and ex- and Mexican frontiers, and for the connection of military posts and penditures of tele- stations, * especially in the State of Texas, the Territories of New Mexico and Arizona, and the Indian Territory. (6) And a full report of the receipts and expenditures in 461, ante, p. 46. connection with the said telegraph-lines shall be made quarterly to 1883, March 3, ch. the Secretary of War through the Chief Signal Officer. 143, par. 3, post, p. 420. 1874, June 23, ch. Chief Signal Officer to have control. 1890, Oct. 1, ch. 1266, § 2, post, p. 879. And the Chief Signal Officer shall have the charge and control of said lines of telegraph in the construction, repair, and operation of Members of [Par. 13.] That so much of section thirty-eight of the Revised House holding Statutes as requires the Clerk of the House of Representatives to contested seats omit from the pay-roll of Representatives and Delegates elect to not to be on pay- Congress those holders of legal certificates whose election he may be R. S., § 38. notified will be contested be, and the same hereby is repealed. 1879, March 3, ch. 182, par. 14, post, p. 252. roll. * Restriction [Par. 14.] (7) And hereafter no money shall be paid nor contracts. upon contracts made for payment for any site for a public building in excess of the and expenditures amount specifically appropriated therefor; for public build therefor. ings and sites And no money shall be expended upon any public building on which work has not yet been actually begun until after drawings R. S., §§ 3663, and specifications together with detailed estimates of the cost thereof, 3733, 3734, 3736, shall have been made by the Supervising Architect of the Treasury 5503. 1874, June 23, Department, and said plans and estimates shall have been approved ch. 476, § 2, ante, by the Secretary of the Treasury, Secretary of the Interior, and the Postmaster General; p. 51. NOTES. (5) The authority given to the Secretary of the Navy in this paragraph to dispose of public property is superseded by 1882, Aug. 5, ch. 391, § 2, post, p. 377. This introductory clause is retained in order to explain the subsequent part of the paragraph relating to the War Department. (6) Special provisions in regard to military telegraph-lines are found in 1874, June 3, ch. 205 (18 Stat. L., 51), and 1878, June 20, ch. 359 (20 Stat. L., 219). (7) Laws as to erection of public buildings are as follows: By R. S., 355, no public money shall be spent on a site for a public building until after the opinion of the Attorney General in favor of the validity of the title and the consent of the State legislature to the purchase. By § 3663, estimates to Congress by the head of a Department for public buildings must be accompanied by full plans and estimates for the whole work. Subsequent estimates shall state the original estimate and the amount expended, the reasons for any excess and the amount of excess anticipated. By § 3733, no contract can be made for any public building for a larger sum than appropriated. A violation of this is punishable by fine and imprisonment (§ 5503). By $3734, no new building shall be begun until the plans and estimates are approved by the Secretary of the Treasury, the Postmaster-General, and the Secretary of the Interior, and the cost shall not exceeed the estimate. By § 3736, no and shall be purchased except under a law authorizing it. By 1874, June 20, ch. 328, § 5, ante, p. 18, appropriations for public buildings are excepted from the law covering appropriations into the Treasury after two years, and by 1874, June 23, ch. 476, ante, p. 51, it is specially provided that such appropriations s'all remain available until the work is completed and shall then be covered into the Treasury. The same act regulates the selection of sites and the duties of commissioners to select them. The above act of 1875, in effect, applies the provisions of R. S., § 3733, to sites, amplifies R. S., $3734, provides for limitation of expenditures to the amount allowed by law and forbids changes of plan involving an increase of over ten per cent. in cost. By 1882, Aug. 7, ch. 433, par. 1, post, p. 380, no act passed authorizing the purchase of a site and erection of a building shall be held to appropriate money unless an appropriation is expressly made. By 1883, March 3, ch. 143, par. 1, post, p. 430, authority is given to acquire sites by purchase or condemnation. By 1887, March 3, ch. 362, par, 1, post, p. 562, contracts for heating are regulated, report required of persons employed as superintendents, &c., and paid from appropriations for public buildings and but one person may be employed for care of completed building. By 1888, Aug. 1, ch. 728, post, p. 601, provision is made for condemnation of land for public buildings. (See note to this act on condemnation.) By 1889, March 2, ch. 411, par. 1, post, p. 697, no plan for public building shall be approved until the final selection of site or for more than the balance of appropriation over cost of site, commissions are regulated, payments for sites are to be made by Treasury drafts and proceedings in procuring title are regulated. By 1890, Aug. 30, ch. 837, par, 1, post, p. 791, certain details of expendi tures are to appear in the book of estimates. Special provisions are usually made in each act authorizing the erection of a public building in regard to site, plans, and cost. See the latest of such acts at the date of this publication, 1891, March 3, ch. 560, (26 Stát, L., 1094), Compensation for disbursing funds for public buildings is regulated by R. S., §§ 3654, 3657, 3658. 1875, March 3, ch. 131, § 4, post, p. 78; 1882, Aug. 7, ch. 433, par. 2, post, p. 380; 1889, March 2, ch. 411, par. 1, post, p. 697. (See also 22 C. Cls., 332; 25 Č. Cls., 389.) And all appropriations made for the construction of such building 1889, March 2, shall be expended within the limitations of the act authorizing the ch.411, par. 1, post, same or limiting the cost thereof; And no change of said plan involving an increase of expense exceeding ten per centum of the amount to which said building was limited shall be allowed or paid by any officer of the Government without the special authority of Congress. * * p. 697. SEC. 2. That on and after July first, eighteen hundred and seventyfive, the organization of the Treasury Department, and the several and salaries in offices thereof, and the annual salaries paid to the persons therein, Treasury Departshall be as follows, to wit: (8) In the office of the Secretary of the Treasury: The Secretary, eight thousand dollars; two assistant secretaries, at four thousand five hundred dollars each; * * In the Construction Branch of the Treasury:- ment. R.S., § 235. -of First Comp In the Office of the First Comptroller:The First Comptroller of the Treasury, five thousand dollars; troller. deputy comptroller, two thousand eight hundred dollars; R.S., § 235, 268. 1883, March 3, ch. 128, par. 2, post, p. 409. -of Second In the Office of the Second Comptroller:The Second Comptroller, five thousand dollars; deputy comp- Comptroller. troller, two thousand eight hundred dollars, In the Office of the Commissioner of Customs:The Commissioner of Customs, four thousand five hundred dollars; sioner of Customs. deputy commissioner, two thousand five hundred dollars; In the Office of the First Auditor: The First Auditor of the Treasury, four thousand dollars; deputy R. S., §§ 235, 276. auditor, two thousand five hundred dollars; In the Office of the Second Auditor:The Second Auditor of the Treasury, four thousand dollars; deputy auditor, two thousand five hundred dollars; The Third Auditor of the Treasury, four thousand dollars; deputy auditor, two thousand five hundred dollars; The Fourth Auditor of the Treasury, four thousand dollars; R.S., §§ 235, 276. deputy auditor, two thousand five hundred dollars; In the Office of the Fifth Auditor: * * of Fifth Auditor. The Fifth Auditor of the Treasury, four thousand dollars; deputy R.S., SS 235, 276. auditor, two thousand five hundred dollars; * ** In the Office of the Auditor of the Treasury for the Post Office Department: -of Sixth Au ditor. R. S., § 235, 276. 1891, March 3, The Auditor of the Treasury for the Post Office Department, four thousand dollars; deputy auditor, two thousand five hundred dollars; ch.541, par.3, post, The Register of the Treasury, four thousand five hundred dollars; one assistant register and (9) one deputy register, at two thousand five hundred dollars each; The Treasurer of the United States, six thousand five hundred dollars; assistant treasurer, three thousand eight hundred dollars; NOTE (8) This section fixes the number and salaries of officers in the Treasury Department at Washington (18 Stat. L., 396). But it is provided by 1882, Aug. 5, ch. 389, §4, post, p. 374. that "no civil officer, clerk, draughtsinan, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall be employed in any of the executive departments or subordinate bureaus or offices thereof at the seat of government, except only at such rates and in such numbers respectively, as may be specifically a propriated for by Congress for such clerical and other personal services for each fiscal year." 24 C. Ĉls., 517. Subsequent appropriation acts have appropriated for different officers, and different salaries than those fixed in this act. See 1891, March 3, ch. 541 (26 Stat. L., 916–923). The omitted portions, at least, of this section may thus be regarded as superseded. NOTE.-(9) There is no deputy register provided for in the appropriation by act of the same date as this, 1875, March 3, ch. 129 (18 Stat. L., 351), or in any subsequent appropriation act. R.S., §§ 235, 325. - of Commission er of Internal Revenue. In the Office of the Light House Board: The chief clerk of the Light House Board, two thousand five hundred dollars; * * In the Office of the Comptroller of the Currency: The Comptroller of the Currency, five thousand dollars; deputy comptroller, three thousand dollars; * * In the Office of the Commissioner of Internal Revenue: The Commissioner of Internal Revenue, six thousand dollars; R.S., SS 235,319. deputy commissioner, three thousand five hundred dollars; one dep1874, Jan. 29,ch. uty Commissioner, at three thousand dollars; 18, and note, ante, p. 3. - of divisions of loans and cur rency in Secretary's office. R. S., § 235. Chief clerks' duties transferred to deputy officers. In the Office of the Secretary of the Treasury: ** That there shall be in the Office of the Secretary of the Treasury a Division of Loans and a Division of Currency, (10) with the following employees: * * That the duties heretofore prescribed by law and performed by the chief clerks in the several Bureaus named shall hereafter devolve R.S.. $$173-175, upon, and be performed by, the several deputy comptrollers, deputy auditors, deputy register, and deputy commissioner herein nameď: 178,235. 15 Opins., 3. Appointments in Provided, That on and after January first, eighteen hundred and Treasury Depart- seventy-six, the appointments of this Department shall be so arment; how dis- ranged as to be equally distributed between the several States of the United States, Territories, and the District of Columbia, according R. S., § 169. to population. tributed, &c. 1883, Jan. 6, ch. 27, §2, post, p. 393. Force employed bank notes. SEC. 3. That to carry into effect the provisions of section three of for redemption, the act entitled "An act fixing the amount of United States notes, &c., of national- providing for a redistribution of the national-bank currency, and for R. S., § 169. other purposes" approved June twentieth, eighteen hundred and 1874, June 20, seventy-four, the Secretary of the Treasury is authorized to appoint ch. 343, § 3, ante, the following force, to be employed under his direction, namely: In the Office of the Treasurer: * Actions against officers of Con gress for official acts to be defended * * In the Office of the Comptroller of the Currency: * And at the end of each month, the Secretary of the Treasury shall re-imburse the Treasury to the full amount paid out under the provisions of this section by transfer of said amount from the deposit of the national banking-associations with the Treasury of the United States; and at the end of each fiscal year he shall transfer from said deposit to the Treasury of the United States such sum as may have been actually expended under his direction for stationery, rent, fuel, light, and other necessary incidental expenses which have been incurred in carrying into effect the [the] provisions of the said section of the above-named act. SECS. 4, 5. [Make temporary appropriations.] SEC. 6. That section twenty-five of the Revised Statutes prescribing the time for holding elections for Representatives to Congress, is hereby modified so as not to apply to any State that has not yet changed its day of election, and whose constitution must be amended in order to effect a change in the day of the election of State officers in said State. * * SEC. 7. [Temporary.] SEC. 8. That in any action now pending, or which may be brought against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official by district attor- duty, in executing any order of such House, the district attorney for ney, under direc- the district within which the action is brought, on being thereto retions of Attorney- quested by the officer sued, shall enter an appearance in behalf of such officer; and all provisions of the eighth section (11) of the act of General, &c. NOTES. (10) These divisions are consolidated by 1876, Aug. 15, ch. 287, par. 5, post, p. 119. (11) The eighth section of the act of 1866, ch. 298 (14 Stat. L., 329), is not in terms found in the Revised Statutes, but the provisions to which it refers and to which reference seems to be made in this act are incorporated into the Revised Statutes in the several sections noted in the margin. 103 U. S., 168. July twenty-eighth, eighteen hundred and sixty-six, entitled "An act R.S., 629,par. to protect the revenue, and for other purposes," and also all provisions 12; 643, 645, 646, of the sections of former acts therein referred to, so far as the same re- 827,834, 989. late to the removal of suits, the withholding of executions, and the paying of judgments against revenue or other officers of the United States, shall become applicable to such action and to all proceedings and matters whatsoever connected therewith, and the defense of such action shall thenceforth be conducted under the supervision and direction of the Attorney General. for sale. at SEC. 9. That the Secretary of State shall cause the statutes at large Statutes enacted by each Congress, which shall be edited and printed pursuant Large to be stereoto the provisions of section seven of the act entitled "An act for pub- typed and offered lication of the Revised Statutes and the laws of the United States,' 1874, June 20,ch. approved June twentieth, eighteen hundred and seventy-four, to be 333, §§ 7, 9, ante, stereotyped and offered for sale in the same manner and on the same pp. 21, 22. terms as is provided in and by section nine of said act herein mentioned in respect to the laws of each session of Congress. -to be kept on sale That the provisions of section two of the act entitled "An act through arrangeviding for the distribution of the Revised Statutes," approved Feb-ments with bookruary eighteenth, eighteen hundred and seventy-five, shall apply to 1875, Feb. 18,ch. the statutes at large enacted by each Congress and to the laws of 84, § 2, ante, p. 63. each session of Congress, to be published pursuant to said act of June twentieth, eighteen hundred and seventy-four, in the same manner as if specially mentioned therein. pro sellers. index. That the Congressional Printer be, and he is hereby directed, in printing and causing to be printed and bound an edition of the laws at the close of binding same, and the session for the use of the Senate and the House of Representatives, to print the same from the stereotype plates of the edition prepared under the direction of the Department of State, with the index thereof; and so much of the act entitled (12) "An act to expedite and regulate the printing of public documents, and for other purposes," approved June twenty-fifth, eighteen hundred and sixty-four, as requires the preparation of an alphabetical index, under the direction of the Joint Committee on Printing, be and the same is hereby, repealed. * * Maximum com p. 36. SEC. 10. That section two thousand six hundred and eighty-eight pensation of surof the Revised Statutes of the United States be amended by inserting veyors of customs. at the end thereof as follows: "That hereafter the maximum com- Ř. S., § 2688. pensation of each surveyor of customs, performing the duties of col- 1874, June 22, fectors of customs, shall be five thousand dollars a year, out of any ch. 391, §23, ante, and all fees and emoluments by him received." (13) SEC. 11. [Executed.] SEC. 12. That it shall be the duty of the Commissioner of Patents to furnish free of cost, one copy of the bound volumes of specifica- drawings, &c., tions and drawings of patents published by the Patent Office, to each ent Office to be of the Executive Departments of Government, upon the request of furnished Departthe head thereof. [March 3, 1875.] NOTES.-(12) The provision of the act of 1864, ch. 155 (13 Stat. L., 184), here repealed, is incorporated 1879, Feb. 26, ch. 103, post, p. 220. Volumes of published by Pat ments. R. S., §§ 481,490. CHAP. 131.-An act making appropriations to 'supply deficiencies in the appropriations for fiscal years ending June thirtieth, eighteen hundred and seventy-five, and prior years, and for other purposes. March 3, 1875. 18 Stat. L., 402. Subsistence Be it enacted, &c. * ** That so much of the appropriation for stores-sale to subsistence of the Army as may be necessary may be applied to the Army officers. purchase of subsistence-stores for sale to officers for the use of them- R. S. § 1144. selves and their families, and to commanders of companies or other 1884, July 5, ch. 217, par. 2, post, p. organizations, for the use of the enlisted men of their companies or 456. organizations, 1890, Aug 30, ch. 837, par. 7, post, p. 793. Subsistence And the proceeds of all sales of subsistence-supplies shall hereafter stores-proceeds be exempt from being covered into the Treasury and shall be imof sale, how used. mediately available for the purchase of fresh supplies. Commission for disbursements for limited. 3657,3658.. * SEC. 4. * * * That the provisions contained in the act approved public buildings March third eighteen hundred and sixty-nine, entitled (1) An act making appropriations to supply deficiencies in the appropriations R. S., $1765,3654, for the service of the Government for the fiscal year ending June 1882, Aug. 7, thirtieth, eighteen hundred and sixty-nine, and for other purposes,' ch. 433, par. 2, limiting the compensation to be allowed for the disbursement of post, p.380. moneys appropriated for the construction of any public building was 22 C. Cls., 332. intended and shall be deemed and held to limit the compensation to 25 C. Cls., 389. be allowed to any disbursing officer who disburses moneys appropriated for and expended in the construction of any public building as aforesaid to three-eighths of one per centum for said services. SECS. 5-11. [Temporary executed or superseded.] Tax on distilled * SEC. 12. That (2) section thirty-three hundred and nine of the respirits 90 cents a vised statutes be so amended that the word seventy, wherever it gallon. R. S., § occurs in the same, shall be stricken out and the word ninety be sub3309. 1875, March stituted therefor. 3, ch. 127, ante, p. 70. Commissions of officers under Secretary of Interior to be made, &c., in his Department, &c. R. S., §§ 437, 1794. 1874, March 18, ch. 57, and note, ante, p. 5. Certain Indians laws. 2302. * SEC. 13. [Executed.] * SEC. 14. That hereafter the commissions of all officers under the direction of and control of the Secretary of the Interior shall be made out and recorded in the Department of the Interior, and the seal of the said Department affixed thereto; any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. And all commissions heretofore issued in conformity to the provisions (3) of the third section of the act of thirty-first of May eighteen hundred and fifty-four, and all official acts done by officers thus commissioned are hereby declared legal and valid. SEC. 15. That any Indian born in the United States, who is the entitled to benefit head of a family, or who has arrived at the age of twenty-one years, of homestead and who has abandoned, or may hereafter abandon, his tribal relaR. S., §§ 2289, tions, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the (4)benefits of the act entitled "An act to secure homesteads to actual settlers on the public domain," approved May twentieth, eighteen hundred and sixty-two, and the acts amendatory thereof, except that the provisions of the eighth section of the said act shall not be held to apply to entries made under this act : 1884, July 4, ch. 180, par. 5, post, p. 1887, Feb. 8, ch. 450. 119, post, p. 534. 1891, Feb. 28,ch. 383, post, p. 897. -not to alienate same, &c. 450. -interest of, in &c. Provided, however, That the title to lands acquired by any Indian by virtue hereof shall not be subject to alienation or incumbrance, either by voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor: Provided, That any such Indian shall be entitled to his distributribal property, tive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void. -entries of home SEC. 16. That in all cases in which Indians have heretofore entered stead by, hereto- public lands under the homestead-law, and have proceeded in acfore made, con- cordance with the regulations prescribed by the Commissioner of the General Land Office, or in which they may hereafter be allowed to so enter under said regulations prior to the promulgation of regulations to be established by the Secretary of the Interior under the firmed. NOTES. (1) The provisions of the act of 1869, ch. 123 (15 Stat. L., 312) here referred to, are incorporated into Revised Statutes in § 3654. (2) This amendment has been incorporated into the second edition of the Revised Statutes. (3) The section here referred to, 1854, ch. 60. §3 (10 Stat. L., 297), was the same as the first paragraph of this section, but was omitted from the Revised Statutes. (4) The provisions here referred to are incorporated into Revised Statutes in the sections noted in the margin. The eighth section of the act of 1862, ch. 75 (12 Stat. L., 392), here excepted, forms § 2301 of Revised Statutes. |