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year in this institution and the compensation paid to each. (26 Stat. 392.)

This was a provision accompanying an appropriation for the current expenses of the Institution in the sundry civil appropriation act for the fiscal year 1891, cited above.

The number that might be received from the several States and Territories was increased to 100 by a provision of Act June 6, 1900, c. 791, § 1, post, § 9355.

§ 9355. (Act June 6, 1900, c. 791, § 1.) Increase of number of admissions from States and Territories.

Current Expenses of the Columbia Institution for the Deaf and Dumb: * The number of beneficiaries in said institution, authorized by the Act of August thirtieth, eighteen hundred and ninety, to be received from the several States and Territories, is hereby increased from sixty to one hundred. (31 Stat. 620.)

This was a provision accompanying an appropriation for the current expenses of the Institution in the sundry civil appropriation act for the fiscal year 1901, cited above.

Act Aug. 30, 1890, c. 837, § 1, mentioned in this section, fixing the number of admissions from the States and Territories at 60, is set forth ante, § 9354. § 9356. (R. S. § 4866.) Justices of the peace to report deaf and dumb persons in District.

It shall be the duty of the justices of the peace for the District of Columbia to ascertain the names and residences of all deaf and dumb persons within their respective districts; who of them are of teachable. age, and also who of them are in indigent circumstances; and to report the same to the president of the Columbia Institution for the Instruction of the Deaf and Dumb.

Act Feb. 16, 1857, c. 46, § 3, 11 Stat. 162.

§ 9357. (R. S. § 4867.) Report of superintendent to Congress. The superintendent of the Columbia Institution for the Instruction of the Deaf and Dumb shall, at the commencement of every December session of Congress, make a full and complete statement of all the expenditures made by virtue of any appropriations by Congress, including the amounts and the rates paid to the superintendent, and for teachers.

Act July 27, 1868, c. 262, § 7, 15 Stat. 234.

§ 9358. (Act March 3, 1883, c. 143, § 1.) Itemized report of expenses.

Columbia Institution for the Deaf and Dumb: * * Hereafter the report of said institution shall contain an itemized statement of all employees, the salaries or wages respectively, each of them, and also of all other expenses of said institution. (22 Stat. 625.)

This was a provision accompanying an appropriation for the current expenses of the Institution in the sundry civil appropriation act for the fiscal year 1884, cited above.

§ 9359. (R. S. § 4868.) Annual report of president and directors. It shall be the duty of the president and directors of the Columbia Institution for the Instruction of the Deaf and Dumb to report to the Secretary of the Interior the condition of the institution on the first day of July in each year, embracing in the report the number of

pupils of each description received and discharged during the preceding year, and the number remaining in the institution; also the branches of knowledge and industry taught, and the progress made therein; also a statement showing the receipts of the institution, and from what sources, and its disbursements, and for what objects.

Act Feb. 16, 1857, c. 46, § 6, 11 Stat. 162.

§ 9360. (R. S. § 4869.) Education of indigent blind persons. Whenever the Secretary of the Interior is satisfied, by evidence produced by the president of the Columbia Institution for the Instruction of the Deaf and Dumb, that any blind person of teachable age cannot command the means to secure an education, he may cause such person to be instructed in some institution for the education of the blind, in Maryland, or some other State, at a cost not greater for each pupil than is, or may be for the time being, paid by such State, and to cause the same to be paid out of the Treasury of the United States.

Act Feb. 16, 1857, c. 46, § 4, 11 Stat. 162. Act Feb. 23, 1865, c. 50, § 2, 13 Stat. 436.

A permanent indefinite appropriation to pay for the instruction of the indigent blind children formerly instructed in the Columbia Institution for the Instruction of the Deaf, Dumb, and Blind, in Maryland or some other State, was made by R. S. § 3689, but such indefinite appropriation was repealed by Act May 26, 1908, c. 198, § 1, 35 Stat. 295, and an appropriation therefor for the fiscal year 1906 was made by the said act. Appropriations for subsequent fiscal years continued to make a similar provision. The provision for the fiscal year 1914 was by Act March 4, 1913, c. 150, § 1, 37 Stat. 958. § 9361. (Act March 3, 1899, c. 424, § 1.)

Manner of paying expenses for the instruction of the indigent blind from the District of Columbia.

Hereafter one-half of the indefinite appropriation to pay for the instruction of the indigent blind children of the District of Columbia, formerly instructed in the Columbia Institution for the Instruction of the Deaf, Dumb, and Blind, shall be paid out of the revenues of the District of Columbia and the other half out of the Treasury of the United States. (30 Stat. 1101.)

This was a provision accompanying an appropriation for the current expenses of the Columbia Institution for the Deaf and Dumb in the sundry civil appropriation act for the fiscal year 1900, cited above.

The indefinite appropriation mentioned in this provision was made by R. S. § 3689, but was repealed by Act May 26, 1908, c. 198, § 1, 35 Stat. 295. See note to R. S. § 4869, ante, § 9361.

Provisions for the promotion of the education of the blind through the American Printing House for the Blind were made by Act March 3, 1879, c. 186, post, §§ 9386-9390.

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Sec.

9368. Superintendent of Antietam battlefield.

9369. Care and maintenance of cemeteries.

9370. Appropriations for cemeteries, not to be expended for maintenance of more than a singié approach. 9371. Inclosure, headstones, and registers.

9372. Headstones in private cemeteries; records.

Sec.

9373. Who may be buried in national cemeteries.

9374. Cemetery near the city of Mexico. 9375. To be subject to what regulations.

9376. Penalty for defacing national
cemeteries.

9377. Jurisdiction of United States
over national cemeteries.
9378. Encroachment by railroads on
rights of way to national ceme-
teries.

§ 9362. (R. S. § 4870.) How lands for cemeteries may be acquired. The Secretary of War shall purchase from the owners thereof, at such price as may be mutually agreed upon between the Secretary and such owners, such real estate as in his judgment is suitable and necessary for the purpose of carrying into effect the provisions for national cemeteries, and obtain from such owners the title in fee simple for the same. And in case the Secretary of War is not able to agree with any owner upon the price to be paid for any real estate needed for such purpose, or to obtain from such owner title in feesimple for the same, the Secretary is hereby authorized to enter upon. and appropriate any real estate which, in his judgment, is suitable and necessary for such purposes.

Act Feb. 22, 1867, c. 61, § 4, 14 Stat. 400.

Provisions for the acceptance by the United States Government of the Confederate cemetery at Springfield, Mo., and for the care, etc., thereof, by the keeper of the national cemetery which it adjoins, with a proviso that organized bodies of ex-Confederates or individuals should have free and unrestricted entry to the cemetery for the purpose of burying ex-Confederates, etc., were made by Act March 3, 1911, c. 211, 36 Stat. 1077.

Provisions for the acceptance by the United States Government of the Confederate cemetery at Little Rock, Arkansas, and for the care, etc., thereof by the keeper of the National Cemetery which it adjoins with a proviso that organized bodies of ex-Confederates or individuals should have free and unrestricted entry to the cemetery for the purpose of burying ex-Confederates, etc., were made by Act Feb. 7, 1913, c. 30, § 1, 37 Stat. 663.

§ 9363. (R. S. § 4871.) Appraisement of real estate when taken. The Secretary of War or the owners of any real estate thus entered upon and appropriated, are authorized to make application for an appraisement of real estate thus entered upon and appropriated, to any circuit or district court within any State or district where such real estate is situated; and such courts shall, upon such application, and in such mode and under such rules and regulations as it may adopt, make a just and equitable appraisement of the cash value of the several interests of each and every owner of such real estate and improvements thereon.

Act Feb. 22, 1867, c. 61, § 5, 14 Stat. 400.

§ 9364. (R. S. § 4872.) Payment of appraised value.

When appraisement of the real estate thus entered upon and appropriated has been made under the order and direction of the court, the fee-simple thereof shall, upon payment to the owner of the appraised value, or in case such owner refuses or neglects for thirty

days after the appraisement of the cash value of the real estate or improvements as aforesaid, to demand the same from the Secretary of War, upon depositing the appraised value in the court making such appraisement, to the credit of such owner, be vested in the United States, and its jurisdiction over such real estate shall be exclusive and the same as its jurisdiction over real estate purchased, ceded, or appropriated for the purposes of navy-yards, forts, and arsenals. The Secretary of War is authorized and required to pay to the several owner or owners, respectively, the appraised value of the several pieces or parcels of real estate, as specified in the appraisement of any of such courts, or to pay into any of such courts by deposit, as hereinbefore provided, the appraised value; and the sum necessary for such purpose may be taken from any moneys appropriated for the purposes of national cemeteries.

Act Feb. 22, 1867, c. 61, § 6, 14 Stat. 400.

§ 9365. (R. S. § 4873.) Superintendents of cemeteries.

The Secretary of War shall cause to be erected at the principal entrance of each national cemetery a suitable building to be occupied as a porter's lodge; and shall appoint a meritorious and trustworthy superintendent to reside therein, for the purpose of guarding and protecting the cemetery and giving information to parties visiting the

same.

Act Feb. 22, 1867, c. 61, § 2, 14 Stat. 400.

The Secretary of War was directed to provide for the care and maintenance of national cemeteries by a provision of Act July 24, 1876, c. 226, post, § 9369.

§ 9366. (R. S. § 4874.) Who may be selected as superintendents. The superintendents of the national cemeteries shall be selected. from meritorious and trustworthy soldiers, either commissioned oificers or enlisted men of the volunteer or regular Army, who have been honorably mustered out or discharged from the service of the United States, and who may have been disabled for active field service in the line of duty.

Act May 18, 1872, c. 173, § 1, 17 Stat. 135.

§ 9367. (R. S. § 4875, as amended, Act July 30, 1912, c. 258.) Salaries of superintendents; Arlington, Virginia, Cemetery. The superintendents of the national cemeteries shall receive for their compensation from sixty dollars to seventy-five dollars a month each, according to the extent and importance of the cemeteries to which they may be respectively assigned, to be determined by the Secretary of War, except the superintendent of the Arlington, Virginia, Cemetery, whose compensation may be one hundred dollars per month, at the discretion of the Secretary of War; and they shall also be furnished with quarters and fuel at the several cemeteries.

Act May 18, 1872, c. 173, § 2, 17 Stat. 135. Act July 30, 1912, c. 258, 37 Stat. 240.

This section, as enacted in the Revised Statutes, did not contain the clause "except the superintendent of the Arlington, Virginia, Cemetery, whose compensation may be one hundred dollars per month, at the discretion of the

Secretary of War." That provision was inserted in the section by amendment thereof, by Act July 30, 1912, c. 258, last cited above.

A superintendent of Antietam battlefield was provided for by a provision of Act June 28, 1902, c. 1301, § 1, post, § 9368.

§ 9368. (Act June 28, 1902, c. 1301, § 1.) Superintendent of Antietam battlefield.

For pay of superintendent of Antietam battlefield, said superintendent to perform his duties under the direction of the Quartermaster's Department and to be selected and appointed by the Secretary of War, at his discretion, the person selected and appointed to this position to be an honorably discharged Union soldier, one thousand five hundred dollars. (32 Stat. 464.)

This was a provision of the sundry civil appropriation act for the fiscal year 1903, cited above.

The appropriation is repeated in the similar appropriation acts for the subsequent fiscal years. The provision for the fiscal year 1914, was by Act

June 23, 1913, c. 3, § 1, 38 Stat. 31.

(R. S. § 4876. Repealed.)

This section provided for an annual inspection of the condition of the national cemeteries, by an officer of the Army, and a report thereon to the Secretary of War, and a report by him to Congress. It was expressly repealed by Act July 24, 1876, c. 226, § 1, post, § 9369.

§ 9369. (Act July 24, 1876, c. 226, § 1.) Care and maintenance of cemeteries.

The Secretary of War shall provide for the care and maintenance of the National Military Cemeteries and for this purpose shall submit an estimate with his annual estimates to Congress and Section four thousand eight hundred and seventy-six of the Revised Statutes is hereby repealed. (19 Stat. 99.)

This was a proviso annexed to an appropriation for maintaining, etc., military cemeteries, in the Army appropriation act for the fiscal year 1877, cited above.

Appropriations for maintaining and improving national cemeteries, etc., are made in the annual sundry civil appropriation acts. The provision for the fiscal year 1914 was by Act June 23, 1913, c. 3, § 1, 38 Stat. 30.

The use of any part of such appropriations in the maintenance of more than a single approach to any national cemetery was forbidden by a provision of said Act June 23, 1913, c. 3, § 1, post, § 9370.

§ 9370. (Act June 23, 1913, c. 3, § 1.) Appropriations for cemeteries not to be expended for maintenance of more than a single approach.

No part of any appropriation for national cemeteries or the repair of roadways thereto shall be expended in the maintenance of more than a single approach to any national cemetery. (38 Stat. 31.) This was a provision of the sundry civil appropriation act for the fiscal year 1914, cited above.

The same provision was made by the similar appropriation acts for preceding years.

§ 9371. (R. S. § 4877.) Inclosure, headstones, and registers. In the arrangement of the national cemeteries established for the burial of deceased soldiers and sailors, the Secretary of War is here

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