Sec. 2. Wearing of foreign decorations. That no decoration, or other thing, the acceptance of which is authorized by this act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same.--(21 Stat. 604, ch. 32.) Sec. 3. Delivery through State Department.] That hereafter any present, decoration, or other thing, which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress.--(21 Stat. 604, ch. 32.) EDITORIAL NOTES The first section of this act authorized certain officers, designated by name, to accept particular decorations and presents from foreign governments. The sections of this act which are set out above are embodied in the U.S. Code as secs. 114 and 115 of title 5. Sec. 2 of a joint resolution of June 27, 1934, ch. 850, 48 Stat. 1267, which is embodied in the U.S. Code as sec. 115a of title 5, reads as follows: "Sec. 2. That the Secretary of State is hereby directed to furnish to the Seventy-fifth Congress and to each alternate Congress thereafter a list of those retired officers or employees of the United States for whom the Department of State under the provisions of the Act of January 31, 1881 (U.S. C., title 5, sec. 115), is holding decorations, orders, medals, or presents tendered them by foreign governments." The following acts and joint resolutions, among others, have authorized the acceptance, by designated officers of the United States, of decor ations, medals, etc., tendered by foreign governments: act of Mar. 2, 1923, ch. 208, 42 Stat. 1788; joint resolution of Apr. 28, 1924, ch. 140, 43 Stat. 1364; act of May 23, 1924, ch. 172, 43 Stat. 1366; act of Feb. 25, 1925, ch. 322, 43 Stat. 979; joint resolution of Feb. 28, 1925, ch. 383, 43 Stat. 1582; act of June 10, 1926, ch. 545, 44 Stat. 1502; joint resolution of June 10, 1926, ch. 553, 44 Stat. 1504; act of Feb. 7, 1927, ch. 73, 44 Stat. 1764; act of Feb. 17, 1927, ch. 161, 44 Stat. 1785; act of Feb. 21, 1927, ch. 164, 44 Stat. 1786; act of Feb. 21, 1927, ch. 165, 44 Stat. 1786; act of Mar. 2, 1927, ch. 294, 44 Stat. 1801; act of Mar. 2, 1927, ch. 295, 44 Stat. 1801; act of Mar. 2, 1927, ch. 296, 44 Stat. 1802; act of May 26, 1928, ch. 751, 45 Stat. 744; act of Apr. 17, 1930, ch. 178, 46 Stat. 1638; act of June 9, 1930, ch. 433, 46 Stat. 1880; joint resolution of June 27, 1934, ch. 850, 48 Stat. 1267; act of May 19, 1936, ch. 427, 49 Stat. 13571362; and act of June 15, 1936, ch. 552, 49 Stat. 1515. CROSS REFERENCES Acceptance of presents, offices, etc.: see the Constitution, Art. I, sec. 9, cl. 8. Acceptance and wearing of decorations, etc., tendered by governments of cobelligerent nations during World War II: see act of July 20, 1942, ch. 509, 56 Stat. 662. Unauthorized wearing of uniform or decorations of friendly nations: see act of July 8, 1918, ch. 138, 40 Stat. 821. Wearing of foreign decorations awarded members of armed forces for service in World War I: see act of July 9, 1918, ch. 143, 40 Stat. 872. CASE NOTES Wearing of foreign decoration. - Sec. 2 of the act of Jan. 31, 1881, ch. 32, 21 Stat. 604, prohibits the wearing of foreign decorations except where authorized by act of Congress. (File A2-3(370521), June 7, 1937, C.M.0. 6-1937, p. 12.) An officer of the Naval Reserve may, without violating sec. 2 of the act of Jan. 31, 1881, ch. 32, 21 Stat. 604, wear on his uniform certain ribbons representing decorations awarded to him by the government of Russia during World War I while he was serving in the Russian army. (File 00 F15(10) (380207) J: fmh, Mar. 18, 1938, C.M.0. 3-1938, p. 9.) Delivery through State Department. While sec. 3 of the act of Jan. 31, 1881, ch. 32, 21 Stat. 604, directs that any present, decoration, etc., which shall be conferred or presented by any foreign government to any officer of the United States shall be tendered through the Department of State, it does not authorize their delivery to any particular class of officers, or to any officer, unless authority therefor be first obtained by act of Congress. (27 Op. Atty. Gen. 219, Mar. 10, 1909.) Officers and enlisted men of the Navy, whether active or retired, and including officers and enlisted men of the Naval Reserve, who served in the armed forces of the United States during the Spanish-American War, may not accept medals tendered by the Republic of Cuba, except in accordance with the provisions of sec. 3 of the act of Jan. 31, 1881, ch. 32, 21 Stat. 604. (File MM (1)/P15 (10) (350314), Apr. 10, 1935, C.M. C. 4-1935, p. 9.) 1882, Mar. 17. Adjustment of claims of postmasters and Navy mail clerks for losses by burglary, fire, etc./ The Postmaster General may investigate all claims of postmasters, Navy mail clerks, and assistant Navy mail clerks for the loss of money-order funds, postal funds, postal-savings funds, postage stamps, stamped envelops, newspaper wrappers, postal cards, postal-savings cards, postal-savings stamps, postalsavings certificates, United States war-savings certificate stamps, United States Government thrift stamps, war-tax revenue stamps, internal-revenue stamps, Federal migratory bird hunting stamps, and funds received from the sale of such stamps belonging to the United States in the hands of such postmasters, Navy mail clerks, or assistant Navy mail clerks, and for the loss of key-deposit funds, funds deposited to cover postage on mailings, and funds received as deposits to cover orders for stamped envelops, in the hands of such postmasters, Navy mail clerks, or assistant Navy mail clerks, and for losses of customs charges collected on dutiable mail articles occurring after April 1, 1924, resulting from burglary, fire, or other unavoidable casualty, and for the loss occurring after April 1, 1924, by bank failure of any such funds deposited in National or State banks, and if he shall determine that such loss resulted from no fault or negligence on the part of such postmasters, Navy mail clerks, or assistant Navy mail clerks, may pay to such postmaster's, Navy mail clerks, or assistant Navy mail clerks, or credit them with the amount so ascertained to have been lost or destroyed, and may also credit postmasters, Navy mail clerks, or assistant Navy mail clerks with the amount of any remittance of money-order funds, postal funds, postal-savings funds, funds received from the sale of United States war-savings certificate stamps, United States Government thrift stamps, war-tax revenue stamps, Federal migratory bird hunting stamps, and internal-revenue stamps, or other public funds, made by them in compliance with the instructions of the Postmaster General, which shall have been lost or stolen while in transit by mail from the office of the remitting postmaster, Navy mail clerk, or assistant Navy mail clerk to the office designated as his depository, or after arrival at such depository office and before the postmaster at such depository office has become responsible therefor, or to the postmaster at any other post office, or to the proper customs officer in the case of customs charges collected, and authorized shipments of postage and other stamp stock lost while in transit by mail from one postmaster, Navy mail clerk, or assistant Navy mail clerk to another postmaster, Navy mail clerk, or assistant Navy mail clerk, or to or from the Post Office Department, and such funds remitted after April 1, 1924, in compliance with instructions of the Postmaster General in the form of drafts or checks which have been returned unpaid or dishonored by reason of the closing of the banks issuing such drafts or checks: Provided, That in all cases of bank failure the postmaster shall first file with the receiver of the insolvent bank a claim for the full amount of the funds involved and assign such claim to the Postmaster General, who shall receive all dividends accruing in any such case.--(22 Stat. 29-30, ch. 41; 25 Stat. 135, ch. 231; 29 Stat. 458, ch. 424; 38 Stat. 278-279, ch. 12; 48 Stat. 990-991, ch. 579.) EDITORIAL NOTES This act was expressly amended and reenacted to read as above by act of June 18, 1934, ch. 579, 48 Stat. 990-991. Prior amendments thereof had been made by the following acts: act of May 9, 1888, ch. 231, 25 Stat. 135; act of June 11, 1896, ch. 424. 29 Stat. 458; act of Jan. 21, 1914, ch. 12, 38 Stat. 278-279; act of May 18, 1916, ch. 126, sec. 14, 39 Stat. 163; act of July 2, 1918, ch. 117, sec. 10, 40 Stat. 754; act of July 3, 1926, ch. 799, 44 Stat. 903; and act of May 29, 1928, ch. 901, first section, 45 Stat. 986-996. Navy mail clerks and assistant Navy mail clerks were first mentioned in the act of May 18, 1916, supra. This act, as amended, with two sentences added at the end thereof, is embodied in the U.S. Code as sec. 49 of title 39. CROSS REFERENCES Bonds of Navy mail clerks and assistant Navy mail clerks: see act of Aug. 24, 1912, ch. 389, sec. 3, 37 Stat. 554, as amended. Government losses in shipment: see the Government Losses in Shipment Act, approved July 8, 1937, ch. 444, 50 Stat. 479-482, as amended. Navy mail clerks and assistant Navy mail clerks: see act of May 27, 1908, ch. 206, 35 Stat. 417-418, as amended. 1882, June 30. Rules and regulations for Army and Navy Hospital, Hot Springs, Ark.7 That one hundred thousand dollars be, and hereby is, appropriated for the erection of an Army and Navy hospital at Hot Springs, Arkansas, which shall be erected by and under the direction of the Secretary of War, in accordance with plans and specifications to be prepared and submitted to the Secretary of War by the Surgeons General of the Army and Navy; which hospital, when in a condition to receive patients, shall be subject to such rules, regulations, and restrictions as shall be provided by the President of the United States: Provided further, That such hospital shall be erected on the government reservation at or near Hot Springs, Arkansas.--(22 Stat. 121, ch. 254.) EDITORIAL NOTES An act of June 18, 1930, ch. 525. 46 Stat. 781, which authorized the Secretary of War to undertake certain construction work in the reservation of the Army and Navy General Hospital, at Hot Springs, Arkansas, provided that "the said hospital shall remain under the jurisdiction and control of the War Department". This provision, except the temporary portions thereof, and the above-quoted provision are embodied in the U.S. Code as sec. 18 of title 24. Rules and regulations for the government of the Army and Navy Hospital, Hot Springs, Ark., were first promulgated in an Exec. Order of May 20, 1886. This order was superseded by an Exec. Order dated Aug. 25, 1892, which prescribed rules and regulations for the Government of the Hospital. The Exec. Order dated Aug. 25, 1892, has been amended by the following executive orders: Exec. Order dated May 1, 1897; Exec. Urder dated Nov. 10, 1899; Exec. Order dated Jan. 19, 1900; Exec. Order No. 552, Jan. 19, 1907; Exec. Order No. 574, Mar. 1, 1907; Exec. Order No. 1407, Sept. 1, 1911; Exec. Order No. 2441, Aug. 11, 1916; Exec. Order No. 2779, Jan. 3, 1918; Exec. Order No. 2812, Feb. Information as to the status of the military reservation at Hot Springs, Ark., is contained in Arlington Hotel Co. v. Fant, 278 U.S. 439, Feb. 18, 1929. CROSS REFERENCE Rules governing patients at Army and Navy Hospital, Hot Springs, Ark.: see act of Mar. 3, 1909, ch. 252, 35 Stat. 748 1882, Aug. 5. Lease of buildings in District of Columbia.7 And where buildings are rented for public use in the District of Columbia, the executive departments are authorized, whenever it shall be advantageous to the public interest, to rent others in their stead: Provided, That no increase in the number of buildings now in use, nor in the amounts paid for rents, shall result therefrom.--(22 Stat. 241, ch. 389.) EDITORIAL NOTE This provision, with the words "except as otherwise provided" inserted after "Provided, That", is embodied in the U.S. Code as sec. 35 of title 40. CROSS REFERENCES Control of space in public buildings in District of Columbia: see act of Mar. 1, 1919, ch. 86, sec. 10, 40 Stat. 1270, as amended. Lease of buildings in District of Columbia: see act of Mar. 3, 1877, ch. 106, 19 Stat. 370. 1882, Aug. 5. Employing clerks, etc., beyond legal allowance; payment for services from appropriations for contingent expenses or for specific or general purposes; restriction upon details of civil officers, etc., from outside District for duty within District; disposition of moneys accruing from lapsed salaries or unused appropriations for salaries. Sec. 4. That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall after the first day of October next 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 appropriated for by Congress for such clerical and other personal services for each fiscal year; and no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall hereafter be employed at the seat of government in any executive department or subordinate bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services, and after the first day of October next section one hundred and seventy-two of the Revised Statutes, and all other laws and parts of laws inconsistent with the provisions of this act, and all laws and parts of laws authorizing the employment of officers, clerks, draughtsmen, copyists, messengers, assistant messengers, mechanics, watchmen, laborers, or other employees at a different rate of pay or in excess of the numbers authorized by appropriations made by Congress, be and they are hereby, repealed; and thereafter all details of civil officers, clerks, or other subordinate employees from places outside of the District of Columbia for duty within the District of Columbia, except temporary details for duty connected with their respective offices, be, and are hereby, prohibited; and thereafter all moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered into the Treasury: *** and nothing herein shall be construed to repeal or modify section one hundred and sixty-six of the Revised Statutes of the United States.--(22 Stat. 255-256, ch. 389.) EDITORIAL NOTES This section and three related statutory provisions (act of Aug. 15, 1876, ch. 287, sec. 5, 19 Stat. 169; act of June 22, 1906, ch. 3514, sec. 6, 34 Stat. 449; and act of Aug. 23, 1912, ch. 350, sec. 5, 37 Stat. 414) are embodied in the U.S. Code as secs. 39, 45, 46, 47, and 50, of title 5. CROSS REFERENCES Employing clerks, etc., beyond legal allowance: see act of Aug. 15, 1876, ch. 287, sec. 5, 19 Stat. 169. Employment of civilian expert aids: see act of Mar. 18, 1904, ch. 716, 33 Stat. 117. Restriction upon details of civil officers, etc., from outside District for duty within District: see act of June 22, 1906, ch. 3514, sec. 6, 34 Stat. 449. Violations of law as to number and pay of employees, etc.: see act of Aug. 23, 1912, ch. 350, sec. 5, 37 Stat. 414. CASE NOTES Purpose of section. "The purpose of Congress in these provisions can not be mistaken. It is to deprive officers of the Government of all authority to employ in any of the Executive Departments at the seat of Government or in the subordinate bureaus or offices thereof civil officers, clerks, draughtsmen, copyists, messengers, assistant messengers, mechanics, watchmen, laborers, or other employés, except such as may be specifically appropriated for by Congress. The second paragraph makes the same prohibition against the employment of such persons at the seat of Government to be paid from still further in the same direction, and to prevent Scope and operatio of section. - "Section 4 of the act of August 5, 132, forbids the employment of any officer, clerk, etc., except only at such rates and in such numbers as may be specifically appropriated for by Congress, and no such officer, clerk, etc., is to be paid from any appropriation made for contingent expenses, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation for contingent expenses. (19 Op. Atty. Gen. 507, 508-509, Mar. 6, 1890. See also: 4 Comp. Gen. 977, 978, May 22, 1925; 5 Comp. Gen. 700, 701, Mar. 6, 1926; 6 Comp. Gen. 699, 700, Apr. 27, 1927.) 19 "I construe the act of 1882 as in no wise limiting the discretion of the heads of the several Executive Departments as to the character of work which shall be required of their several employees, but only as intended to prevent the employment of subordinate officers or employees at the seat of Government without specific appropriations for their payment, and I am strengthened in this construction by the concluding words of the section above noted, which are: **** and nothing herein shall be construed to repeal or modify section one hundred and sixty-six of the Revised Statutes of the United "In applying the provisions of this act it has been found necessary to distinguish between manuscripts which were in existence when the agreement to purchase were entered into and manuscripts produced or prepared after the agreement to purchase or with the understanding that such an agreement or purchase would be made when completed. The first, constituting a purchase of a commodity, is not open to objection by reason of the act of August 5, 1882, supra, but the second constitutes the hire of personal services and is prohibited by the act of August 5, 1882, unless specifically appropriated for. (4 Comp. Gen. 781-782, Mar. 18, 1925.) This section is not applicable to a case in which the service is not to be performed at the seat of Government. (6 Comp. Gen. 180, Sept. 4, 1926. Accord: 7 Comp. Gen. 420, Jan. 18, 1928; 11 Comp. Gen. 99, Sept. 3, 1931.) "The act of August 5, 1882, 22 Stat. 255, prohibits employment in the executive departments or agencies at the seat of government unless specifically appropriated for." (19 Comp. Gen. 59, July 14, 1939.) This section has no application to the field service of a Department. (22 Comp. Gen. 700, Jan. 25, 1943.) 1882, Aug. 5. Special courses of study for midshipmen.7 That the Secretary of the Navy may prescribe a special course of study and training at home or abroad for any naval cadet.--(22 Stat. 285, ch. 391.) EDITORIAL NOTES This paragraph was amended by act of July 1, 1902, ch. 1368, 32 Stat. 662, 686, which changed the title "naval cadet" to "midshipman." This paragraph, as amended, is embodied in the U.S. Code as sec. 1055 of title 34. 1882, Aug. 5. Prohibition against promotion or increase of pay of officers on retired list; discharge of officers unfit for promotion by reason of drunkenness or other misconduct. Hereafter there shall be no promotion or increase of pay in the retired list of the Navy but the rank and pay of officers on the retired list shall be the same that they are when such officers shall be retired: And provided further, That whenever on an inquiry had pursuant to law, concerning the fitness of an officer of the Navy for promotion, it shall appear that such officer is unfit to perform at sea the duties of the place to which it is proposed to promote him, by reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and heard upon the charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year's pay.--(22 Stat. 286, ch. 391.) Fleet Marine Corps Reserve: see the Pay Readjustment Temporary appointment or advancement of personnel of the Navy, Marine Corps, Naval Reserve, Marine Corps Reserve, and Coast Guard: see act of July 24, 1941, ch. 320, 55 Stat. 603-505, as amended. CASE NOTES Prohibition against promotion or increase of pay of officers on retired list. This enactment 'prevents either rank or pay of officers on the retired list from being increased in any way after such others shall have been placed thereon." (18 Op. Atty. Gen. 96, 97, Jan. 5, 1885. Accord: Craig v. United States, 65 Ct. Cls. 699, 702, May 28, 1928. See also 26 Op. Atty. Gen. 496, 501, Feb. 8, 1901.) "It appears to the court that this statute was intended to meet such questions as are presented by this case, and to render the pay of retired officers fixed and certain. The last clause of the statute of course can not bind the legislative power; and of course it will always be within the power, of Congress to increase the pay of officers on the retired list, notwithstanding this clause of the statite ." (Fulmer v. United States, 32 Ct. Cls. 112, 121, Jan. 11, 1897.) "It would seem that this legislation, specificcally applying to the pay of retired officers, would not be affected by any general legislation intended to apply only to officers in active service, and that the intention was that the pay of retired officers should remain the same as it was on the date of retirement." (5 Comp. Dec. 821, 824, May 17, 1899. See also: 13 Comp. Dec. 116, Aug. 15, 1906; 5 Comp. Gen. 198, Sept. 15, 1925.) This enactment applies to all officers irrespective of the time when they entered the naval service. (32 Op. Atty. Gen. 406, Jan. 28, 1921.) "This act repealed section 1481 of the Revised Statutes to the extent that it conflicts with said section." (6 Comp. Gen. 203, 206, Sept. 24, 1926. Accord: File 27231-112, Apr. 1, 1918, C.M.O. 371918, p. 28.) Discharge of officers unfit for promotion by reason of drunkenness or other misconduct.- Authority is given to the President, by this enactment, to discharge an officer of the Navy who is unfit to perform at sea the duties of the place to which it is proposed to promote him, by reason of drunkenness or from any cause arising from his own misconduct. (Jouett v. United States, 28 Ct. Cls. 257, Apr. 10, 1893.) 1882, Aug. 5. Restrictions governing travel abroad by officers.7 And officers of the Navy traveling abroad under orders hereafter issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the officer issuing the same; and shall receive, in lieu of the mileage now allowed by law, only their actual and reasonable expenses, certified under their own signatures and approved by the Secretary of the Navy.--(22 Stat. 286-287, ch. 391.) EDITORIAL NOTES So much of the above provision as follows the semicolon was superseded by act of June 10, 1922, ch. 212, sec. 12, 42 Stat. 631. Sec. 12 of the act of June 10, 1922, supra, as amended, was superseded by sec. 12 of the Pay Readjustment Act of 1942, ch. 413, 56 Stat. 364-366. So much of the above provision as precedes the semicolon is embodied in the U.S. Code as sec. 692 of title 34. CASE NOTES Scope and operation of statute. "We think the ourt of Claims was correct in its conclusion that the question whether travel is abroad or within the United States should be determined by the termini of the journey rather than by the route actually taken. An officer is to be understood as travelling ab broad when he goes to a foreign port or place under orders to proceed to that place, or from one foreign port to another, or from a foreign port to a home port. But where he is ordered to proceed from one place in the United States to another, and the government for its own purpose requires him to proceed by sea rather than by land, he ought not thereby to be disentitled to his mileage by the nearest travelled route. (United States v. Hutchins, 151 U.S. 542, 544-545, Feb. 5, 1894. See also: 10 Comp. Dec. 751, 753-754, Apr. 30, 1904; 12 Comp. Dec. 31, 32-34, July 17, 1905.) An officer of the Navy, authorized to appear before a court of inquiry on a foreign station and ordered "on the conclusion of the investigation to return to Yokohoma and there to remain until you receive further orders from the Department," is "traveling abroad under orders" within the meaning of this statute. (Selfridge v. United States, 28 Ct. Cls. 440, June 12, 1893.) This enactment has no application to travel between two points in the United States. (5 Comp. Dec. 400, Jan. 24, 1899.) "When the act of August 5, 1882, was passed, the Hawaiian Islands had not been annexed to the United States. All travel beyond the then territorial limits of the United States was considered as travel abroad, within the meaning of the law, and this necessarily included all travel to and from the Hawaiian Islands. The subsequent annexation of the islands did not change the character of the travel between them and the limits of the United States proper as they existed when the act of August 5, 1882, was passed, and such travel is still travel abroad, (6 Comp. Dec. 745, 746, Mar. 26, 1900.) 1882, Aug. 5. Use of navy yard at Washington, D.C., as a manufacturing yard.7 That the navy-yard at Washington, District of Columbia, may, at the discretion of the Secretary of the Navy, be maintained as a manufacturing yard for the Bureaus of Equipment and Recruiting and Ordnance, and that work may be continued in the rope-walk in the Boston navy-yard: And provided further, That nothing herein shall be held to interfere with the permanent improvement of any navy-yard as now authorized by law, or the expenditure for such purpose of any money appropriated by Congress therefor.-(22 Stat. 289, ch. 391.) |