officers whose appointments are vested by law in the foregoing it is customary for all officers and em- "As professors at the Naval Academy are appointed by the Secretary of the Navy, they properly are to be considered as being appointed to an office of honor or profit within the meaning of section 1757, Revised Statutes." (23 Comp. Gen. 301, 302, Oct. 22, 1943, citing 6 Comp. Gen. 112, Aug. 16, 1926. See also File JAG:J: HJM:ac, S0919100, Oct. 27, 1943, C.M.O. 4-1943, p. 87.) 1884, July 5. Sale of smooth-bore cannon for experimental purposes. Sec. 3. That the Secretary of War and the Secretary of the Navy are hereby authorized to sell to projectors of methods of conversion, for experimental purposes only, any smooth-bore cannon on hand required by them, at prices which shall not be less than have been received from auction sales for such articles, and deliver the same, at the cost of the Government, at the nearest convenient place for shipment or public transportation; the cost of delivery to be deducted from the proceeds of sales, and the balance to be covered into the Treasury of the United States.--(23 Stat. 159, ch. 235.) EDITORIAL NOTE This section has been omitted from the several editions of the U.S. Code; although it is probably obsolete, it has not been repealed. 1884, July 7. Contracts for transportation of moneys, securities, etc., of the United States./ and hereafter whenever it is practicable contracts for the transportation of moneys, bullion, coin, notes, bonds, and other securities of the United States, and paper shall be let to the lowest responsible bidder therefor, after notice to all parties having means of transportation.--(23 Stat. 204, ch. 332.) EDITORIAL NOTE This provision is embodied in the U.S. Code as sec. 24 of title 41. CASE NOTES Scope and operation of statute."The language of the act of July 7, 1884 (23 Stat., 204), that 'hereafter whenever it is practicable contracts for the transportation of moneys, bullion, coin and shall be let to the lowest bidder' is not mandatory. It leaves a discretion in the contracting party to decide when it may be practicable to make such contracts, (15 Comp. Dec. 91, 93, Aug. 18, 1908. Accord: 21 Comp. Dec. 308, 310, Nov. 13, 1914.) This provision contemplates competitive bids in the matter of contracts for the transportation of money, coin, or securities, and, as insurance is a service incident to such transportation, it should also be secured by competitive bidding in compliance with the provisions of sec. 3709, R. S., either through advertising in newspapers, or, if conditions are such as to make it inadvisable to so advertise, through other means sufficient to convey the desires of the department to those engaged in the business involved. (Comp. Gen. 21, July 20, 1921.) /1884, July 5. Transportation, by Quartermaster-General, of property for executive departments./ That hereafter the Quartermaster-General and his officers, under his instructions, wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the Bureau to which such property or stores pertain.--(23 Stat. 111, ch. 217.) EDITORIAL NOTE This provision is embodied in the U.S. Code as sec. 73 of title 10. CROSS REFERENCES Furnishing supplies and transportation to naval and marine detachments: see sec. 1135, R. S., as amended. Transportation of troops and property by landgrant railroads: see act of Mar. 3, 1875, ch. 133, 18 Stat. 453-454. master's Department to furnish transportation for all CASE NOTE Scope and operation of statute.- "The act of July 5, 1234 (23 Stat., 17), authorizes the Quarter 1884, July 7. Report to Congress of claims allowed.7 That the Secretary of the Treasury shall, at the commencement of each session of Congress, report the amount due each claimant whose claim has been allowed in whole or in part to the Speaker of the House of Representatives and the presiding officer of the Senate, who shall lay the same before their respective Houses for consideration.--(23 Stat. 254, ch. 334.) appropriations for rivers and harbors, light houses, or public buildings, or the pay of the Navy and Marine Corps; but the appropriations named in this proviso shall continue available until otherwise ordered by Congress.' "The act of July 7, 1884, 23 Stat. 254, and prior laws, recognized the jurisdiction of the accounting officers to settle and allow claims under appropriations the balances of which had been carried to the surplus fund, said act of 1884 providing, in part: *****That the Secretary of the Treasury shall, at the commencement of each session of Congress, report the amount due each claimant whose claim has been allowed in whole or in part to the Speaker of the House of Representatives and the presiding officer of the Senate, who shall lay the same before their respective Houses for consideration. * * ** "The foregoing provision prescribes and recognizes a definite procedure with respect to appropriations which have remained upon the books of the Treasury for 2 fiscal years; and, with respect to the settlement and payment of claims chargeable to such appropriations. That is to say, the funds under such appropriations are no longer available for making payments but the claims may be certified and reported to the Congress for an appropriation for their payment." (21 Comp. Gen. 46, 47, July 19, 1941.) And hereafter all estimates of appropriations and estimates of deficiencies in appropriations intended for the consideration and seeking the action of any of the committees of Congress shall be transmitted to Congress through the Secretary of the Treasury, and in no other manner; and the said Secretary shall first cause the same to be properly classified, compiled, indexed, and printed, under the supervision of the chief of the division of warrants, estimates, and appropriations of his Department.--(23 Stat. 254, ch. 334.) That the employees of the Navy Yard, Government Printing Office, Bureau of Printing and Engraving, and all other per diem employees of the Government on duty at Washington, or elsewhere in the United States, shall be allowed the following holidays, to wit: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and such days as may be designated by the President as days for national thanksgiving, and shall receive the same pay as on other days.--(23 Stat. 516, Res. No. 5.) EDITORIAL NOTES So much of this joint resolution as related to pay was repealed by joint resolution of June 29, 1938, ch. 818, sec. 2, 52 Stat. 1247. In this connection, see 18 Comp. Gen. 10. 12-13, July 6, 1938. This joint resolution, as amended, and a joint resolution (No. 6) of Feb. 23, 1887, 24 Stat. 644, are embodied in the U. S. Code as sec. 86 of title 5. CROSS REFERENCES Closing of Government offices, arsenals, navy yards and stations on Mondays following holidays: see Exec. Order No. 1076, May 22, 1909. Holidays for per diem employees: see joint resolution (No. 6) of Feb. 23, 1887, 24 Stat. 644, as amended. Pay of employee olution of June 29, Thanksgiving Day 26, 1941, ch. 631, 5 /1885, Jan. 30. Allowance of rations to midshipmen and enlisted men of the! That all enlisted men and boys in the Navy, attached to any United Stat duty thereon, and naval cadets, shall be allowed a ration, or commutation the limitations and regulations as the Secretary of the Navy may prescribe.--(23 EDITORIAL NOTES This act was amended by act of July 1, 1902, ch. 1368, 32 Stat. 662, 636, which changed the desig nation "naval cadet" to "midshipman". This act, with "midshipmen" substituted for "naval cadets", is embodied in the U.S. Code as sec. 901 of title 34. An act of Mar. 3, 1933, ch. 202, 47 Stat. 14281431, expressly repealed secs. 1577, 1578, 1579, and 1595, R.S. These sections read as follows: "Sec. 1577. Midshipmen and acting midshipmen in the Navy shall be entitled to one ration, or to commutation there for. "Sec. 1578. All officers shall be entitled to one ration, or to commutation therefor, while at sea or attached to a sea-going vessel. "Sec. 1579. No person not actually attached to and doing duty on board a sea-going vessel, except the petty officers, seamen, and ordinary seamen attached to receiving-ships or to the ordinary of a navy-yard, and midshipmen, shall be allowed a ration "Sec. 1595. Rations shall not be allowed to officers on the retired list." Sec. 1578, R. S., was construed in the following decisions: Reid v. United States, 18 Ct. Cls. 625, May 28, 1883; and Frary v. United States, 24 Ct. Cls. 114, Jan. 21, 1889. Sec. 1579, R. S., was construed in the following decisions: United States v. Fuller, 160 U.S. 593, Jan. 20, 1896; Button v. United States, 20 Ct. Cls. 423, June 1, 1885; Herbert v. United States, 21 Ct. Cls. 53, Jan. 18, 1886; Frary v. Uni ed States, 24 Ct.Cls. 114, Jan. 21, 1889; and Baxter v. United States, 32 Ct. Cls. 75, Jan. 4, 1897. Sec. 21 of an act of June 10, 1922, ch. 212, 42 Stat. 633, provided in part that nothing in that act should operate to change in any way existing laws, or regulations made in pursuance of law, governing "allowances in kind for rations, quarters, heat, and light for enlisted men". Regulations relating to rations are contained in U.S. Navy Regulations, 1920. CROSS REFERENCES Aircraft flight ration for personnel of Navy and Marine Corps engaged in flight operations: see act of June 5, 1942, ch. 327, 56 Stat. 308. "That provision does not authorize a commuted Meaning of "station". - The different headquarters of the Coast Signal Service, where enlisted men on duty are armed, perform military service, and are subject to military discipline, are stations within the meaning of this act. (5 Comp. Dec. 40, July 22, 1998.) The headquarters of the Marine Corps at Washington, D. C., a place where armed forces are stationed and military duties and discipline are imposed, is a station within the meaning of this act. (5 Comp. Dec. 561, Mar. 11, 1899.) 1885, Jan. 30. Reports to Congress as to expenditures for civilian employees; estimates for compensation of civilian employees.7 Sec. 3. That the Secretary of the Navy is hereby directed to report to Congress, at its next and each regular session thereafter, the amount expended during the prior fiscal year, from the appropriations for the pay of the Navy, Bureaus of Navigation, Ordinance, Equipment and Recruiting, Yards and Docks, Medicine and Surgery, Provisions and Clothing, Construction and Repair, and Steam-Engineering, for civilians employed on clerical duty, or in any other capacity than as ordinary mechanics and working men, and to ON प submit, under the estimates for pay of the Navy and for the respective Bureaus enumerated above, specific estimates for such civilian employees for the fiscal year eighteen hundred and eighty-seven, and each fiscal year thereafter.--(23 Stat. 295, ch. 43.) EDITORIAL NOTES This section has been amended by the following enactments: act of July 19, 1892, ch. 206, 27 Stat. 236, 243, which changed the designation "Bureau of Provisions and Clothing" to "Bureau of Supplies and Accounts"; act of July 19, 1892, ch. 206, 27 Stat. 236, 245, which provided that all laws then in force relating to the Bureau of Provisions and Clothing should thereafter apply to the Bureau of Supplies and Accounts; act of June 30, 1914, ch. 130, 38 Stat. 392, 408, which abolished the Bureau of Equipment; act of June 4, 1920, ch. 228, 41 Stat. 812, 828, which changed the designation "Bureau of Steam Engineering" to "Bureau of Engineering"; act of July 12, 1921, ch. 44, sec. 8, 42 Stat. 140-141, which established the Bureau of Aeronautics and prescribed its functions; act of June 20, 1940, ch. 400, first section, 54 Stat. 492-494, which abolished the This section, with changes made therein in accordance with the amendatory enactments cited above, and with the executed portion thereof omitted, is embodied in the U.S. Code as sec. 467 of title 5. CROSS REFERENCE Reports to Congress as to pay and number of employees at navy yards and stations: see act of Mar. 3, 1909, ch. 255, 35 Stat. 754-755, as amended. 1886, May 20. Instruction as to nature and effects of alcoholic drinks and narcotics. That the nature of alcoholic drinks and narcotics, and special instructions as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and in the Military and Naval Schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text-books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States.--(24 Stat. 69, ch. 362.) Sec. 2. That it shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the provisions of this act; and any such officer, school director, committee, superintendent, or teacher who shall refuse or neglect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases.--(24 Stat. 69, ch. 362.) EDITORIAL NOTE The first section of this act is embodied in the U. S. Code as sec. 111 of title 20. Sec. 2 of this act is embodied in the Code as sec. 112 of title 20 1886, July 26. Tests of rifled cannon for the Navy. One or more rifled cannon of each type constructed at the cost of the United States for the Navy shall be publicly subjected to the proper test for endurance including such rapid firing as a like gun would be subjected to in battle. This test shall be under the direction and to the satisfaction of the Secretary of the Navy, and if such guns do not prove satisfactory, the type they represent shall not be put in use in the naval service.--(24 Stat. 151, ch. 781.) EDITORIAL NOTES This provision is embodied in the U. S. Code as sec. 59 of title 50. A similar provision relating to the Army, contained in an act of July 5, 1884, ch. 235, sec. 2, 23 Stat. 159, was repealed by act of March 3, 1921, ch. 128, sec. 7, 41 Stat. 1352. 1886, July 26. Unexpended balances of appropriations for pay of Navy or Marine Corps./ Sec. 2. All balances of moneys appropriated for the pay of the Navy or pay of the Marine Corps, for any year existing after the accounts for said year shall have been settled shall be covered into the Treasury.--(24 Stat. 157, ch. 781.) EDITORIAL NOTE This section is embodied in the U. S. Code as sec. 716 of title 31. 1886, Aug. 3. Domestic preference in procurement of steel for construction of naval vessels.7 Sec. 2. That in the construction of all naval vessels the steel material shall be of domestic manufacture, and of the quality and characteristics best adapted to the various purposes for which it may be used, in accordance with specifications approved by the Secretary of the Navy.--(24 Stat. 215, ch. 849; 30 Stat. 390, ch. 234.) 1886, Aug. 4. Estimates and appropriations for Hydrographic Office. That all printing and engraving for the Geological Survey, the Coast and Geodetic Survey, the Hydrographic Office of the Navy Department, and the Signal Service shall hereafter be estimated for separately and in detail, and appropriated for separately for each of said Bureaus.--(24 Stat. 255, ch. 902.) /1886, Aug. 4. Restriction upon use of appropriations for expenses of Board of Visitors./ That no part of this sum, or of any other appropriation by Congress for expenses of the Board of Visitors, shall be used to pay for intoxicating liquors.--(24 Stat. 268, ch. 903.) EDITORIAL NOTES This provision is embodied in the U.S. Code as sec. 1082 of title 34. This provision was preceded by a provision which appropriated funds for the expenses of the Board of Visitors to the United States Naval Academy. 1887, Feb. 4. Priority in transportation. (15) Whenever the Commission is of opinion that shortage of equipment, congestion of traffic, or other emergency requiring immediate action exists in any section of the country, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may determine: (a) to suspend the operation of any or all rules, regulations, or practices then established with respect to car service for such time as may be determined by the Commission; (b) to make such just and reasonable directions with respect to car service without regard to the ownership as between carriers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people, upon which terms of compensation as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; (c) to require such joint or common use of terminals, including main-line track or tracks for a reasonable distance outside of such terminals, as in its opinion will best meet the emergency and serve the public interest, and upon such terms as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; and (d) to give directions for preference or priority in transportation, embargoes, or movement of traffic under permits, at such time and for such periods as it may determine, and to modify, change, suspend, or annul them. In time of war or threatened war the President may certify to the Commission that it is essential to the national defense and security that certain traffic shall have preference or priority in transportation, and the Commission shall, under the power herein conferred, direct that such preference or priority be afforded.--(24 Stat. 379, ch. 104; 40 Stat. 101, ch. 23; 41 Stat. 476-477, ch. 91.) 750 |