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by directed to have the same inclosed with a good and substantial stone or iron fence; and to cause each grave to be marked with a small headstone or block, which shall be of durable stone, and of such design and weight as shall keep it in place when set, and shall bear the name of the soldier and the name of his State inscribed thereon, when the same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery and at the office of the Quartermaster-General, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier; or if these are unknown, it shall be so recorded.

Act Feb. 22, 1867, c. 61, § 1, 14 Stat. 399. Act June 8, 1872, c. 368, 17 Stat. 345. Act March 3, 1873, c. 229, 17 Stat. 545.

Authority to erect headstones over graves of soldiers buried in private cemeteries was given by Act Feb. 3, 1879, c. 44, post, § 9372.

§ 9372. (Act Feb. 3, 1879, c. 44.) Headstones in private cemeteries; records.

The Secretary of War is hereby authorized to erect headstones over the graves of soldiers who served in the Regular or Volunteer Army of the United States during the war for the Union, and who have been buried in private village or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy-three, for those interred in national military cemeteries; and for this purpose, and for the expenses incident to such work, so much of the appropriation of one million dollars, made in the act above mentioned, as has not been expended, and as may be necessary, is hereby made available.

The Secretary of War shall cause to be preserved in the records of his Department the names and places of burial of all soldiers for whom such headstones shall have been erected by authority of this or any former acts. (20 Stat. 281.)

This was an act entitled "An act authorizing the Secretary of War to erect headstones over the graves of Union soldiers who have been interred in private, village, or city cemeteries."

The provisions of Act March 3, 1873, c. 229, 17 Stat. 545, mentioned in this act, were incorporated into R. S. § 4877, ante, § 9371.

§ 9373. (R. S. § 4878, as amended, Act March 3, 1897, c. 378.) Who may be buried in national cemeteries.

All soldiers, sailors, or marines dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, or who served during the late war, either in the regular or volunteer forces, may be buried in any national cemetery free of cost. The production of the honorable discharge of a deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment. Army nurses honorably discharged from their service as such may be buried in any national cemetery; and if in a destitute condition, free

of cost. The Secretary of War is authorized to issue certificates to those army nurses entitled to such burial.

Act July 17, 1862, c. 200, § 18, 12 Stat. 596. Act June 1, 1872, c. 257, 17 Stat. 202. Act March 3, 1873, c. 276, 17 Stat. 605. Act March 3, 1897, c. 378, 29 Stat. 625.

This section, as enacted in the Revised Statutes, did not contain the last two sentences, relating to Army nurses, of the section as set forth here. Said provisions were added, at the end of the original section, by amendment by Act March 3, 1897, c. 378, last cited above.

The burial of Confederate veterans dying in the District of Columbia in the Arlington National Cemetery was authorized by Act Aug. 24, 1912, c. 355, 37 Stat. 440.

§ 9374. (R. S. § 4879.) Cemetery near the city of Mexico.

The President is authorized to provide, out of the ordinary annual appropriations for establishing and maintaining United States military cemeteries, for the proper care and preservation and maintenance. of the cemetery or burial ground near the city of Mexico, in which are interred the remains of officers and soldiers of the United States, and of citizens of the United States, who fell in battle, or died in and around said city.

Act March 3, 1873, c. 267, 17 Stat. 602.

§ 9375. (R. S. § 4880.) To be subject to what regulations.

The cemetery in Mexico shall be subject to the rules and regulations affecting United States national military cemeteries within the limits of the United States, so far as they may, in the opinion of the President, be applicable thereto.

Act March 3, 1873, c. 267, 17 Stat. 602.

§ 9376. (R. S. § 4881.) Penalty for defacing national cemeteries. Every person who willfully destroys, mutilates, defaces, injures, or removes any monument, grave-stone, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national cemetery, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than twentyfive dollars, and not more than one hundred, or by imprisonment for not less than fifteen days, and not more than sixty. The superintendent in charge of any national cemetery is authorized to arrest forthwith any person engaged in committing any misdemeanor herein prohibited, and to bring such person before any United States commissioner or judge of any district or circuit court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemeanor, and then and there shall make complaint in due form.

Act Feb. 22, 1867, c. 61, § 3, 14 Stat. 400.

§ 9377. (R. S. § 4882.) Jurisdiction of United States over national cemeteries.

From the time any State legislature shall have given, or shall hereafter give, the consent of such State to the purchase by the United States of any national cemetery, the jurisdiction and power of legislation of the United States over such cemetery shall in all courts and places be held to be the same as is granted by section eight, arti

cle one, of the Constitution of the United States; and all provisions relating to national cemeteries shall be applicable to the same.

Act July 1, 1870, c. 200, § 1, 16 Stat. 188.

§ 9378. (Act March 2, 1895, c. 189.) Encroachments by railroads on rights of way to national cemeteries.

No railroad shall be permitted upon the right of way which may have been acquired by the United States to a national cemetery, or to encroach upon any roads or walks constructed thereon and maintained by the United States. (28 Stat. 949.)

This provision is repeated in the sundry civil appropriation acts for subsequent fiscal years. The recent acts contain a further proviso, temporary in its nature, that no part of the sum appropriated shall be used for repairing any roadway within the corporate limits of any city, town, or village. The provision for the fiscal year 1914 was by Act June 23, 1913, c. 3, § 1, 38 Stat. 31.

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TITLE LIXA

EDUCATION AND EDUCATIONAL INSTITU

TIONS

This title, inserted here as additional to the original titles of the Revised Statutes, includes various laws relating to education or providing or aiding educational facilities or institutions, other than provisions applying solely to either the Territories, the Indians, or the District of Columbia.

Chap.

Sec.

A. Instruction as to nature and effect of alcoholic drinks and narcotics 9379 B. Use of Government collections for research

C. Marine biological station

D. American Printing House for the Blind

9382

9384

9386

[blocks in formation]

§ 9379. (Act May 20, 1886, c. 362, § 1.) Study of effect of alcoholic drinks and narcotics in public schools in Territories, Military and Naval Academies, District of Columbia, and Indian and colored schools in Territories.

The nature of alcoholic drinks and narcotics, and special instruction 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.)

This section and the two sections next following were an act entitled “An act to provide for the study of the nature of alcoholic drinks and narcotics, and of their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, by the pupils in the public schools

of the Territories and of the District of Columbia, and in the Military and Naval Academies, and Indian and colored schools in the Territories of the United States."

§ 9380. (Act May 20, 1886, c. 362, § 2.) Enforcement of preceding section.

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.)

§ 9381. (Act May 20, 1886, c. 362, § 3.) Teachers' certificates dependent on passing examination on effect of alcoholic drinks and narcotics.

No certificate shall be granted to any person to teach in the public schools of the District of Columbia or Territories, after the first day of January, anno Domini eighteen hundred and eighty-eight, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and the effects of alcoholic drinks and other narcotics upon the human system. (24 Stat. 69.)

Sec.

CHAPTER B

Use of Government Collections for Research

9382. Literary and scientific collections

1

accessible to investigators and
students.

Sec.

9383. Facilities for study and research to investigators, students, etc.

§ 9382. (Res. April 12, 1892, No. 8.)

Literary and scientific col

lections accessible to investigators and students.

The facilities for research and illustration in the following and any other Governmental collections now existing or hereafter to be established in the city of Washington for the promotion of knowledge shall be accessible, under such rules and restrictions as the officers in charge of each collection may prescribe, subject to such authority as is now or may hereafter be permitted by law, to the scientific investigators and to students of any institution of higher education now incorporated or hereafter to be incorporated under the laws of Congress or of the District of Columbia, to wit:

One. Of the Library of Congress.

Two. Of the National Museum.

Three. Of the Patent Office.

Four. Of the Bureau of Education.
Five. Of the Bureau of Ethnology.
Six. Of the Army Medical Museum.

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