Official tables, to fix distances.

-to govern payments.

Travel "without

and payment and settlement of mileage accounts of officers shall be made according to distances and deductions computed over_routes established and by mileage tables prepared by the Paymaster-General of the Army under the direction of the Secretary of War;

and all payments made by paymasters on account of mileage previous to the passage of this Act shall be settled in accordance with distance tables officially promulgated and in use at date of payment. The Secretary of War may determine what shall constitute travel troops," Secretary and duty "without troops" within the meaning of the laws governing of War to deter the payment of mileage and commutation of quarters to officers of the Army:

mine.

Transportation.

requests.

--to be charged to mileage account.

Travel over land-grant rail

vided.

Provided further, That officers who so desire may, upon application to the Quartermaster's Department, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, for the entire journey under their orders;

and the transportation so furnished shall be a charge against the officer's mileage account, to be deducted at the rate of three cents per mile by the paymaster paying the account, and of the amount so deducted there shall be turned over to an authorized officer of the Quartermaster's Department three cents per mile for transportation furnished over any railroad which is not a free, bond-aided, or fifty per centum land-grant railroad for the credit of the appropriation for transportation of the Army and its supplies:

And provided further, That when the established route of travel shall, in whole or in part, be over the line of any railroad on which roads, how pro- the troops and supplies of the United States are entitled to be transported free of charge, or over any of the bond-aided Pacific railroads, or over any fifty per centum land-grant railroad, officers traveling as herein provided for shall, for the travel over such roads. be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, by the Quartermaster's Department:

-how charged.

-erroneous pay

bursed.

And provided further, That when transportation is furnished by the Quartermaster's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted. from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for which transportation has been or should have been furnished:

And provided further, That officers of the Army and acting assistant ments, how reim- surgeons who, by reason of failure to obtain transportation requests for travel over so-called "Agreement railroads," have, in addition to paying their own fare over such railroads, been required by the accounting officers of the Treasury to refund to the United States onehalf of the cost of travel fare over such railroads, shali be reimbursed by the proper accounting officers the amount so refunded;

-and credited.

Deductions travel not nished.

for

and paymasters against whom disallowances have been made by the accounting officers on account of failure to deduct the cost of travel fare over such railroads shall have the amount so disallowed passed to their credit:

And provided further, That in all cases where three cents per mile. fur- has been deducted from the mileage accounts of officers of the Army or acting assistant surgeons on account of transportation which should have been but was not furnished such officers and acting assistant surgeons shall be reimbursed by the proper accounting officers an amount equal to what it would have cost the Government if transportation had been furnished:

Actual expenses of sea travel.

Leaves of ab

sence

And provided further, That actual expenses only shall be paid to officers for sea travel when traveling, as herein provided for, to, from, or between our island possessions:

Provided, That leaves of absence which may be granted officers of outside the Regular or Volunteer Army serving in the Territory of Alaska or its, when in effect. without the limits of the United States, for the purpose of returning

United States lim

thereto, or which may have been granted such officers for such purpose since the thirteenth day of October, eighteen hundred and ninetyeight, shall be regarded as taking effect on the dates such officers reached or may have reached the United States, respectively, and as terminating, or as having terminated, on the respective dates of their departure from the United States in returning to their commands, as authorized by an order of the Secretary of War dated October thirteenth, eighteen hundred and ninety-eight:

charge.

(7) Provided also, That hereafter when an officer shall be discharged Travel allowfrom the service, except by way of punishment for an offense, he shall ances on disreceive for travel allowances from the place of his discharge to the place of his residence at the time of his appointment or to the place of his original muster into the service four cents per mile;

and an enlisted man when discharged from the service, except by way of punishment for an offense, shall receive four cents per mile from the place of his discharge to the place of his enlistment, enrollment, or original muster into the service:

Provided further, That any officer or enlisted man in the service -if reentering of the United States who was discharged in the Philippine Islands service in Philippines. and there reentered the service through commission or enlistment 1901, Feb. 8, ch. shall, when discharged, except by way of punishment for an offense, 342 (31 Stat. L., receive for travel allowances from the place of his discharge to the 762). place in the United States of his last preceding appointment or enlistment, or to his home if he was appointed or enlisted at a place other than his home, four cents per mile:

Provided further, That for sea travel on discharge actual expenses only shall be paid to officers and transportation and subsistence only shall be furnished to enlisted men.

[Par. 5.] (8) That hereafter the pay proper of all officers and enlisted men serving beyond the limits of the States comprising the Union, and the Territories of the United States contiguous thereto, shall be increased ten per centum for officers and twenty per centum for enlisted men over and above the rates of pay proper as fixed by law for time of peace, and the time of such service shall be counted from the date of departure from said States to the date of return thereto:

-for sea travel, expenses only. 1900, May 26, ch. 586 (31 Stat. L., 210).

for foreign service.

Increase of pay

-time of service computed.

Increase for Chi

Provided further, That the officers and enlisted men who have served in China at any time since the twenty-sixth day of May, nineteen hun- nese service. dred, shall be allowed and paid for such service the same increase of pay proper as is herein provided for:

Provided further, That enlisted men receiving or entitled to the twenty per centum increased pay herein authorized shall not be entitled to or receive any (9) additional increased compensation for what is known as extra or special duty.

*

*

NOTES.-(7) The three last provisos of this paragraph constitute a substitute for R. S., §§ 1289, 1290. With a slight exception they are identical with the provisions of 1900, May 26, ch. 586 (31 Stat. L., 210).

By 1890, June 16, ch. 426, § 2 (1 Supp. R. S., 757), soldiers who received a furlough for three months under the provisions of that section were not to be entitled to travel allowances under R. S., § 1290.

By 1896, March 16, ch. 59, par. 4 (2 Supp. R. S., 453), no enlisted man discharged for disability caused by his own misconduct is entitled to travel allowances under § 1290.

By 1900, June 7, ch. 860, ante, p. 1452, enlisted men discharged between April 21, 1898, and the date of the passage of the act, under orders stating that they were entitled to travel pay, are to receive it under R. S., § 1290.

For decisions as to travel pay of officers under R. S., § 1289, see 3 C. Cls., 182; 4 C. Cls., 164; 13 C. Cls., 249; 16 C. Cls., 491; 36 C. Cls., 94; 17 Opinions AttorneysGeneral, 461.

As to travel pav of enlisted men under R. S., § 1290, see 138 U. S., 87; 160 U. S., 654; 24 C. Cls., 219, 485; 27 C. Cls., 342.

(8) A somewhat similar provision is contained in 1900, May 26, ch. 586 (31 Stat. L., 211). By the previous provision of 1898, April 26, ch. 191, § 6 (2 Supp. R. S., 746), the pay proper of enlisted men was increased 20 per cent in time of war.

(9) By R. S., § 1287, extra pay is allowed to enlisted men for certain special duty.

No extra duty pay with increase of pay.

Expenses of interment of officers

and soldiers.

Reimbursement

curred.

[Par. 6.] (10) That no part of the appropriations for the Quartermaster's Department shall be expended on printing, unless the same shall be done by contract after due notice and competition, except in such cases as the emergency will not admit of the giving notice of competition, and in cases where it is impracticable to have the necessary printing done by contract the same may be done, with the approval of the Secretary of War, by the hire of the necessary labor for the purpose:

Provided further, That hereafter, except in cases of emergency or where it is impracticable to secure competition, the purchase of all supplies for the use of the various departments, and posts of the Army and of the branches of the army service shall only be made after advertisement, and shall be purchased where the same can be purchased the cheapest, quality and cost of transportation and the interests of the Government considered;

but every open-market emergency purchase made in the manner common among business men which exceeds in amount two hundred dollars shall be reported for approval to the Secretary of War under such regulations as he may prescribe.

* *

[Par. 7.] (11) expenses of the interment of officers killed in action or who die when on duty in the field, or at military posts or on the frontiers, or when traveling under orders, and of noncommissioned officers and soldiers:

and in all cases where such expenses would have been lawful claims of expenses in- against the Government reimbursement may be made of expenses heretofore or hereafter incurred by individuals of burial and transportation of remains of officers, including acting assistant surgeons, not to exceed the amount now allowed in the cases of officers, and for the reimbursement in the cases of enlisted men not exceeding the amount now allowed in their cases may be paid out of the proper funds appropriated by this Act, and the disbursing officers shall be credited with such reimbursement heretofore made:

-not before April 21, 1898.

Securing desert

pense.

but hereafter no reimbursement shall be made of such expenses incurred prior to the twenty-first day of April, eighteen hundred and ninety-eight; *

[Par. 8.] (12) for the apprehension, securing, and delivering of ers, limit of ex- deserters, including escaped military prisoners, and the expenses incident to their pursuit, and no greater sum than fifty dollars for each deserter or escaped military prisoner shall, in the discretion of the Secretary of War, be paid to any civil officer or citizen for such services and expenses;

Ordnance partment.

De

Appropriations not for freight. Increase of

[Par. 9.] That no part of the appropriations made for the Ordnance Department shall be used in payment of freight charges on ordnance or ordnance stores issued by said Department.

Provided further, That the Secretary of War is hereby authorized Board of Ordnance to appoint two additional members for the (13) Board of Ordnance and Fortification, both of whom shall be selected from the Artillery Corps.

authorized.

NOTES.-(10) A similar provision to the one in the text is made by 1898, March 15, ch. 69, par. 1 (2 Supp. R. S., 739), which was itself taken from paragraphs of prior appropriation acts, as shown in note (3) to 1897, March 2, ch. 362, par. 3 (2 Supp. R. S., 573). The operation of this provision was temporarily suspended by 1898, June 7, ch. 392 (30 Stat. L., 433), and 1899, March 3, ch. 436 (2 Supp. R. S., 1100).

(11) Similar provisions are contained in 1899, March 3, ch. 423, par. 4 (2 Supp. R. S., 991), and 1900, May 26, ch. 586 (31 Stat. L., 212). The limitation, however, contained in the last provision of this paragraph against reimbursement of expenses incurred prior to April 21, 1898, is new legislation. The same provision, excluding the limitation, is repeated in 1901, March 3, ch. 831, par. 3, post, p. 1533.

(12) A similar provision occurs in 1900, May 26, ch. 586 (31 Stat. L., 213). As to previous similar legislation see note (3) to 1899, March 3, ch. 423, par. 5 (2 Supp. R. S., 991). This paragraph, except as it relates to escaped military prisoners, is repeated in 1901, March 3, ch. 831, par. 4, post, p. 1533.

(13) The board herein referred to was created by 1888, September 22, ch. 1028 (1 Supp. R. S., 619). See the further provision with regard thereto of 1891, February 24, ch. 283 (1 Supp. R. S., 896).

counts.

The time for examination of monthly accounts, covering expendi- Time extended tures from appropriations for the Army, by the bureaus and offices of to examine acthe War Department, after the date of actual receipt and before transmitting the same to the Auditor for the War Department, as limited by (14) section twelve, Act approved July thirty-first, eighteen hundred and ninety-four, is hereby extended from twenty to sixty days.

Is

All military, civil, and judicial powers necessary to govern the Philippine Philippine Islands, acquired from Spain by the (15) treaties concluded lands. President auat Paris on the tenth day of December, eighteen hundred and ninety- thorized to estab eight, and at Washington on the seventh day of November, nineteen lish civil governhundred, shall, until otherwise provided by Congress, be vested in ment. such person and persons and shall be exercised in such manner as the President of the United States shall direct, for the establishment of civil government and for maintaining and protecting the inhabitants of said islands in the free enjoyment of their liberty, property, and religion:

Franchises to contain reserva

Provided, That all franchises granted under the authority hereof shall contain a reservation of the right to alter, amend, or repeal the ton of right to

same.

amend.

Until a permanent government shall have been established in said Reports to Conarchipelago full reports shall be made to Congress on or before the gress. first day of each regular session of all legislative acts and proceedings of the temporary government instituted under the provisions hereof; and full reports of the acts and doings of said government, and as to the condition of the archipelago and of its people, shall be made to the President, including all information which may be useful to the Congress in providing for a more permanent government:

Nodisposition of

Restrictions on

Provided, That no sale or lease or other disposition of the public lands or the timber thereon or the mining rights therein shall be made: public lands. And provided further, That no franchise shall be granted which is not approved by the President of the United States, and is not in his grant of franchises. judgment clearly necessary for the immediate government of the islands and indispensable for the interest of the people thereof, and which can not, without great public mischief, be postponed until the establishment of permanent civil government; and all such franchises shall terminate one year after the establishment of such permanent civil government.

All laws or parts of laws inconsistent with the provisions of this Repeal. Act are hereby repealed. [March 2, 1901.]

NOTES.-(14) The act here referred to is 1894, July 31, ch. 174, § 12 (2 Supp. R. S.'

217).

(15) The treaties here referred to are those of 1898, December 10 (30 Stat. L., 1754), and 1900, November 7 (31 Stat. L., 1942).

CHAP. 804.-An Act Making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes.

*

Be it enacted, &c., * [Par. 1.] That section thirteen hundred and nineteen, chapter four, title fourteen, of the Revised Statutes be, and the same is hereby, amended to read as follows:

"SEC. 1319. Appointees shall be examined under regulations to be framed by the Secretary of War before they shall be admitted to the Academy and shall be required to be well versed in such subjects as he may, from time to time, prescribe."

(1) Provided further, That the Superintendent of the Military Hazing. NOTE.-(1) See the general provisions of R. S., §§ 1325, 1326, as to delinquencies of cadets at the Military Academy and penalties for the same. By 1884, March 31, ch. 19 (1 Supp. R. S., 424), it is provided "That hereafter any cadet dismissed for hazing shall not be eligible to reappointment." By 1874, June 23, ch. 453 (1 Supp. R. S., 41), provision is made against hazing at the Naval Academy somewhat similar to that made by the text as to the same offense at the Military Academy.

Academy shall make such rules, to be approved by the Secretary of
War, as will effectually prevent the practice of hazing;

and any cadet found guilty of participating in or encouraging or countenancing such practice shall be summarily expelled from the Academy and shall not thereafter be reappointed to the corps of cadets or be eligible for appointment as a commissioned officer in the Army or Navy or Marine Corps, until two years after the graduation of the class of which he was a member. * *

[Par. 2.] That section twelve hundred and seventy-eight of the Revised Statutes and sections two and three of the Act approved March third, eighteen hundred and seventy-seven (Nineteenth Statutes at Large, three hundred and eighty), are hereby repealed, and section eleven hundred and eleven of the Revised Statutes is hereby amended to read as follows:

"SEC. 1111. The Military Academy Band shall hereafter consist of one teacher of music, who shall be the leader of the band, and of forty enlisted musicians.

The teacher of music shall receive the pay of a second lieutenant, not mounted; and of the enlisted musicians of the band, twelve shall each receive thirty-four dollars per month, twelve shall each receive twenty-five dollars per month, and the remaining sixteen shall each receive seventeen dollars per month, and each of the aforesaid enlisted men shall also be entitled to the clothing, fuel, rations, and other allowances of musicians of cavalry;

and the said teacher of music and the enlisted musicians of the band. shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, applicable to other enlisted men of the Army.

*

*

[Par. 3.] That section thirteen hundred and thirty-eight of the Revised Statutes is hereby amended to read as follows:

"SEC. 1338. The master of the sword shall hereafter act as instructor of military gymnastics and physical culture at the Military Academy, and shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a first lieutenant, mounted:

"Provided, however, That whenever a vacancy shall occur in the office of master of the sword and instructor of military gymnastics and physical culture the said office shall cease and determine, and the duties thereunto pertaining shall thereafter be performed by an officer of the line of the Army to be selected for that purpose by the Secre tary of War;"

* *

* *

[Par. 4.] (2) That all technical and scientific supplies for the departments of instruction of the Military Academy shall be purchased by contract or otherwise, as the Secretary of War may deem best. [Par. 5.] (3) That from the foregoing appropriations for waterworks, or from any appropriation that may hereafter be made for waterworks, a sum not to exceed seventy-five cents per day may be paid as extra-duty pay to the overseer, when such overseer is a soldier detailed for that duty. * * [March 2, 1901.]

NOTES.—(2) This provision has appeared in the annual appropriation acts since 1888, as explained in rote (4) to 1897, February 10, ch. 214, par. 2 (2 Supp. R. S., 548), and note (1) to 1899, February 27, ch. 210 (2 Supp. R. S., 947). See also 1900, June 6, ch. 792 (31 Stat. L., 652).

(3) See 1900, June 6, ch. 792, § 1, and note (1) thereto, ante, p. 1440, which authorizes in certain cases the allowance of extra pay to enlisted men at the Military Academy, and acts there referred to.