ranks in the cases of noncommissioned officers, and reduction in classification in the cases of first-class privates.

Summary courts-martial shall have power to try any soldier, except one who is holding the privileges of a certificate of eligibility to promotion, for any crime or offense not capital made punishable by the Articles of War: Provided, That noncommissioned officers shall not, if they object thereto, be brought to trial before a summary court-martial without the authority of the officer competent to bring them to trial before a general court-martial.

Summary courts-martial shall have power to adjudge punishment not to exceed confinement at hard labor for three months or forfeiture of three months' pay, or both, and in addition thereto reduction to the ranks in the cases of noncommissioned officers and reduction in classification in the cases of first-class privates: Provided, That when the summary court officer is also the commanding officer no sentence of such summary court-martial adjudging confinement at hard labor or forfeiture of pay, or both, for a period in excess of one month shall be carried into execution until the same shall have been approved by superior authority.

Articles seventy-two, seventy-three, seventy-five, eighty-one, eightytwo, and eighty-three of section thirteen hundred and forty-two of the Revised Statutes; the first section of an Act entitled "An Act to promote the administration of justice in the Army," approved October first, eighteen hundred and ninety, as amended by the first section of an Act approved June eighteenth, eighteen hundred and ninety-eight (Thirtieth Statutes, four hundred and eighty-three, four hundred and eighty-four), are hereby repealed, but courtsmartial duly and regularly convened in orders issued prior to the date when this Act takes effect and in existence on that date, under Articles of War hereby repealed, may continue as legal courts for the trial of cases referred to them prior to that date with the same effect as if this Act has not been passed: Provided, That prior to July first, nineteen hundred and thirteen, the President may, when deemed by him necessary, empower any officer competent under the terms of this Act to appoint the general courts-martial which it authorizes, to appoint general courts-martial authorized by existing law.

ART. 70. No officer or soldier put in arrest shall be continued in confinment more than eight days, or until such time as a courtmartial can be assembled.1

ART. 71. When an officer is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose order he is arrested shall see that a copy of the charges on which he is to be tried is served upon him within eight days after his arrest, and that he is brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of said ten days. If a copy of the charges be not served, or the arrested officer be not brought to trial, as herein required, the arrest shall cease. But officers released from arrest, under the provisions of this article, may be tried whenever the exigencies of the service shall permit, within twelve months after such release from arrest.2

ART. 72. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 73. Repealed by act of March 2, 1913 (37 Stat. 723). ART. 74. Officers who may appoint a court-martial shall be competent to appoint a judge-advocate for the same.3

That whenever a court-martial shall sit in closed session the judgeadvocate shall withdraw, and when his legal advice or his assistance in referring to recorded evidence is required it shall be obtained in open court. Sec. 2, act of July 27, 1892 (27 Stat. 278).

ART. 75. Repealed by act of March 2, 1913 (37 Stat. 723).

ART. 76. When the requisite number of officers to form a general court-martial is not present in any post or detachment, the commanding officer shall, in cases which require the cognizance of such a court, report to the commanding officer of the department, who shall thereupon order a court to be assembled at the nearest post or department at which there may be such a requisite number of officers, and shall

Detaining soldiers in arrest for long and unreasonable periods, when it is practicable to bring them to trial, is arbitrary and oppressive, and in contravention both of the letter and spirit of this article. Whether the delay in any case is to be regarded as so far unreasonable as properly to subject the commander responsible therefor to military charges or a civil action must depend upon the circumstances of the situation and the exigencies of the service at the time. (Compare Blake's case, 2 Maule & Sel., 428; Bailey v. Warden, 4 id., 400. Dig. Op. J. A. G., par. 177, Ed. 1901.)

*See Dig. Op. J. A. G., 152 LXXI A to 153 LXXII A.

3

The judge advocate of a military court shall have power to appoint a reporter, who shall record the proceedings of, and testimony taken before, such court, and may set down the same in the first instance in shorthand. The reporter shall before entering upon his duty be sworn or affirmed faithfully to perform the same. (Sec. 1203, R. S.)

Hereafter enlisted men may be detailed to serve as stenographic reporters for general courts-martial, courts of inquiry, military commissions, and retiring boards, and while so serving shall receive extra pay at the rate of not exceeding 5 cents for each 100 words taken in shorthand and transcribed, such extra pay to be met from the annual appropriation for expenses of courst-martial, etc. (Act of Aug. 24, 1912, 37 Stat. 575. See Dig. Op. J. A. G., 496-502.)

of accountants or other experts in inaugurating new or changing old methods of transacting the business of the United States or the District of Columbia unless authority for the employment of such services or payment of such expenses is stated in specific terms in the act making provision therefor and the rate of compensation for such services or expenses is specifically fixed therein, or be used for compensation of or expenses for persons, aiding or assisting such accountants or other experts, unless the rate of compensation of or expenses for such assistants is fixed by officers or employees of the United States or District of Columbia having authority to do so, and such rates of compensation or expenses so fixed shall be paid only to the person so employed. Sec. 5, act of Apr. 6, 1914 (38 Stat. 335).

82a. Purchases of passenger-carrying vehicles restricted to specific authorization.- No appropriation made in this or any other act shall be available for the purchase of any motor-propelled or horse-drawn passenger-carrying vehicle for the service of any of the executive departments or other Government establishments, or any branch of the Government service, unless specific authority is given therefor, and after the close of the fiscal year nineteen hundred and fifteen there shall not be expended out of any appropriation made by Congress any sum for purchase, maintenance, repair, or operation of motor-propelled or horse-drawn passenger-carrying vehicles for any branch of the public service of the United States unless the same is specifically authorized by law, and in the estimates for the fiscal year nineteen hundred and sixteen and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase, maintenance, repair, or operation of all motor-propelled or horse-drawn passenger-carrying vehicles, specifying the sums required, the public purposes for which said vehicles are intended, and the officials or employees by whom the same are to be used. Act of July 16, 1914 (38 Stat. 508).

87a. Estimates of appropriations, official to be designated to supervise and prepare for each department, etc. - That hereafter the head of each executive department and other Government establishment shall, on or before July first in every fiscal year, designate from among the officials employed therein one person whose duty it shall be to supervise the classification and compilation of all estimates of appropriations, including supplemental and deficiency estimates to be submitted by such department or establishment. In the performance of their duties persons so designated shall have due regard for the requirements of all laws respecting the preparation of estimates, including the manner and time of their submission through the Treasury Department to Congress; they shall also, as nearly as may be practicable, eliminate from all such estimates unnecessary words and make uniform the language commonly used in expressing purposes or conditions of appropriations. Sec. 3, act of June 23, 1913 (38 Stat. 75).

96a. Estimates for lump-sum appropriations, statements required in annual Book of Estimates.—That section six of the sundry civil appropriation act approved August twenty-fourth, nineteen hundred and twelve, is amended to read as follows:

"SEC. 6. That there shall be submitted hereafter, in the annual Book of Estimates following every estimate for a general or lumpsum appropriation, except public buildings or other public works constructed under contract, a statement showing in parallel columns:

"First, the number of persons, if any, intended to be employed and the rates of compensation to each, and the amounts contemplated to be expended for each of any other objects or classes of expenditures specified or contemplated in the estimate, including a statement of estimated unit cost of any construction work proposed to be done; and

"Second, the number of persons, if any, employed and the rate of compensation paid each, and the amounts expended for each other object or class of expenditure, and the actual unit cost of any construction work done, out of the appropriation corresponding to the estimate so submitted, during the completed fiscal year next preceding the period for which the estimate is submitted.

"Other notes shall not be submitted following any estimate embraced in the annual Book of Estimates other than such as shall suggest changes in form or order of arrangement of estimates and appropriations and reasons for such changes." Sec. 10, act of Aug. 1, 1914 (38 Stat. 680).

99a. Rented buildings, District of Columbia, statement to include details of floor space, etc.—Hereafter the statement of buildings rented within the District of Columbia for use of the Government, required by the act of July sixteenth, eighteen hundred and ninety-two (Statutes at Large, volume twenty-seven, page one hundred and ninetynine), shall indicate as to each building rented the area thereof in square feet of available floor space for Government uses, the rate paid per square foot for such floor space, the assessed valuation of each building, and what proportion, if any, of the rental paid includes heat, light, elevator, or other service. Sec. 3, act of May 1, 1913 (38 Stat. 3).

125a. Public library depositaries to receive publications, etc., new designations authorized. That libraries heretofore designated by law as depositaries to receive books and other Government publications

The act referred to, act of July 16, 1892 (27 Stat. 199), provides that "Hereafter it shall be the duty of the Secretary of the Treasury to cause to be prepared and submitted to Congress each year, in the annual Book of Estimates of Appropriations, a statement of the buildings rented within the District of Columbia for the use of the Government, the purposes for which rented, and the annual rental of each."

shall hereafter, during their existence, continue such receipt; and new designations may be made when libraries heretofore chosen shall cease to exist or other designations shall hereafter be authorized by law. Sec. 5, act of June 23, 1913 (38 Stat. 75).

191a. Appropriations, reappropriation, and diversion of unexpended balances to be considered as new. -That the reappropriation and diversion of the unexpended balance of any appropriation to a purpose other than that for which it was originally made shall be construed and accounted hereafter as a new appropriation and the unexpended balance shall be reduced by the sum proposed to be so diverted. Sec. 4, act of Mar. 4, 1915 (Pub. No. 296, 38 Stat. -).

200a. Canal Zone-semiannual examination of accounts and vouchers, etc. That in prescribing regulations under the provisions of section five of the sundry civil act of August first, nineteen hundred and fourteen, the President shall provide that in lieu of furnishing to the auditor individual detail collection vouchers, not provided for in said regulations, two competent persons, one from the office of the Auditor for the War Department, designated by the auditor, and one from the office of the Comptroller of the Treasury, designated by the comptroller, shall be sent semiannually, at such time as may be designated by the comptroller, to the Canal Zone to examine the accounts and vouchers and verify the submitted schedules of collections and report in triplicate to the Auditor for the War Department, the Comptroller of the Treasury, and the auditor of the Panama Canal; and such persons shall make such other examination into the accounts of the Panama Canal as may be directed by the comptroller, and for all such purposes they shall have access to all records and papers pertaining thereto. Such examination and inspection shall be made for the period covered by the persons designated as soon as practicable, and the report of such persons shall be promptly filed. Such persons shall be furnished their transportation going and returning, including meals, and be paid a per diem of $4 from the day of sailing from the United States until return thereto, both days inclusive, in lieu of subsistence on the Isthmus and all other expenses, out of such appropriation for the Panama Canal as may be designated by the governor. Sec. 3, act of Mar. 3, 1915 (Pub. No. 263, 38 Stat. -).

215a. Loyalty restriction repealed as to claims for service in Army prior to April 13, 1861. -That section thirty-four hundred and eighty of the Revised Statutes of the United States be, and the same is hereby, repealed so far as it affects payments for services in the Army of the United States prior to April thirteenth, eighteen hundred and sixty-one. Act of July 6, 1914 (38 Stat. 454).

217a. Damage or loss of baggage of officers and enlisted men shipped under orders-recovery from United States in excess of amount paid by