hundred and five, and that are chargeable to the appropriations that have been carried to the surplus fund, one hundred and fifty thousand dollars.

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Apr. 28, 1904.
[S. 2263.]
[Public, No.

Proviso.
Charges.

Effect

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198.]

pt. 1, p. 518.

Navy

Be it enacted by the Senate and House of Representa33 Stats, L., tives of the United States of America in Congress assemArmy andbled, That vessels of the United States, or belonging to To be trans-the United States, and no others, shall be employed in the ported in Amer-transportation by sea of coal, provisions, fodder, or supExceptions. plies of any description, purchased pursuant to law, for the use of the Army or Navy unless the President shall find that the rates of freight charges by said vessels are excessive and unreasonable, in which case contracts shall be made under the law as it now exists: Provided, That no greater charges be made by such vessels for transportation of articles for the use of the said Army and Navy than are made by such vessels for transportation of like goods for private parties or companies.

SEC. 2. That this Act shall take effect sixty days after its passage.

CHAP. 1766.-An Act To require the employment of vessels of the United States for public purposes.

RESOLUTIONS.

[No. 1.] Joint Resolution In relation to commuted rations for midshipmen.

Dec. 17, 1903.

[H. J. R. 66.] [Pub. Res., No.

1.]

pt. 1, p. 581.

Commuted ra

shipmen,

Resolved by the Senate and House of Representa33 Stats, L., tives of the United States of America in Congress assemNavy. bled, That the provision under the heading "Supplies tions for mid-and accounts," in the Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes, approved March third, nineteen hundred and three, for 76 Provisions, Navy," shall not be so construed by the accounting officers of the Treasury as to deprive midshipmen of the benefit of commuted rations as provided by section fifteen hundred and seventy-seven of the Revised Statutes.

FIFTY-EIGHTH CONGRESS, THIRD SESSION.

CHAP. 20.-An Act To fix the rank of certain officers in the Dec. 20, 1904. Army. [S. 2114.] [Public, No. 1.]

tillery lieuten2ine Corps serv

Be it enacted by the Senate and House of Representa- 33 Stats. L., tives of the United States of America in Congress assem- pt. 1, p. 595. bled, That any second lieutenant of the United States Army. Marine Corps who may have been appointed second tied to arlieutenant of artillery since the second day of February, ants for Marnineteen hundred and one, and prior to the passage of ice. this Act, shall, in determining his lineal and relative rank, be entitled to the same credit for prior commissioned service as a lieutenant of volunteers appointed under the Act entitled "An Act to increase the efficiency of the permanent military establishment of the United States," approved February second, nineteen hundred and one.

CHAP. 1307.-An Act Making appropriation for the support of Mar. 2, 1905. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 17473.] dred and six. [Public, No. 127.]

Be it enacted by the Senate and House of Representa- 33 Stats. L., tives of the United States of America in Congress assem- pt. 1, p. 827. -bled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Army for the year ending June thirtieth, nineteen hundred and six:

Army appro

For contingent expenses of the military information Contingent. division, General Staff Corps, including the purchase of law books, professional books of reference, professional and technical periodicals and newspapers, and of the military attachés at the United States embassies and legations abroad, and of the branch office of the military information division at Manila, to be expended under the direction of the Secretary of War, ten thousand dollars: Provided, That section thirty-six hundred and forty- Proviso. eight, Revised Statutes, shall not apply to subscriptions odicals. for foreign and professional newspapers and periodicals to be paid for from this appropriation.

Foreign peri

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Alaska military cable.

Titles.

OFFICE OF THE CHIEF SIGNAL OFFICER.

*

Ten per cent increase, offi

cers.

*

REPAIR OF DEEP-SEA MILITARY CABLES: *

For continuing the cable from Valdez, Prince William Sound, to Seward, at the head of Resurrection Bay, Alaska, ninety-five thousand dollars, or so much thereof as may be necessary, this money to be immediately available.

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FOR PAY OF OFFICERS OF THE STAFF CORPS DIVISIONS, AND

DEPARTMENTS.

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Military Sec

MILITARY SECRETARY'S DEPARTMENT:

retary's Department.

Provided, That any vacancy that shall occur in the office Proviso. of the Assistant Chief of the Record and Pension Office Chief, Record previous to July first, nineteen hundred and five, shall be

Assistant

Pension

and Office.

filled by the appointment of a captain of the line of the Army, and vacancies thereafter occurring shall not be filled, and the offices now designated by the title of Assistant Chief of the Record and Pension Office and by the title of Assistant Adjutant-General, shall hereafter be designated by the title of Military Secretary.

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RETIRED OFFICERS.

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*

Provisos.
No additional

assigned to ac-
tive duty.

Provided, That retired officers of the Army above the pay, etc., when grade of major, heretofore or hereafter assigned to active duty, shall hereafter receive their full retired pay and shall receive no further pay or allowances from the United States: Provided further, That a colonel or lieutenant-colonel so assigned shall receive the full pay and allowances of a major on the active list.

Exception.

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MISCELLANEOUS.

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Twenty per For additional twenty per centum increase on pay of enlisted men. enlisted men serving in the Philippine Islands, the Island of Guam, Alaska, China, and Panama, five hundred and thirty-three thousand four hundred and twelve dollars and fifty-one cents.

For additional ten per centum increase on pay of commissioned officers serving in the Philippine Islands, the Island of Guam, Alaska, China, and Panama, one hundred and sixty-seven thousand four hundred and twentysix dollars and thirty cents.

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*

For Porto Rico Provisional Regiment of Infantry,, Porto Rico composed of two battalions of four companies each. Regiment. Pay of officers of the line, forty-four thousand four Officers. hundred dollars.

For additional pay for length of service, six thousand five hundred dollars.

Pay of enlisted men, ninety-five thousand one hundred Enlisted men. and forty-eight dollars.

Pay of officers of the line: Fifty first lieutenants, officers. eighty thousand dollars.

Fifty second lieutenants, seventy-five thousand dollars.

Additional for length of service, thirty-four thousand Longevity. seven hundred and twenty dollars. Noncommissioned officers and privates, fifty companies, sioned officers, four hundred and ninety-six thousand four hundred and etc. forty dollars.

Noncommis

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PHILIPPINE SCOUTS.

Records, etc.,

All the money hereinbefore appropriated for pay of Pay accounts. the Army and miscellaneous shall be disbursed and accounted for by officers of the Pay Department as pay of the Army, and for that purpose shall constitute one fund: Provided, That hereafter all the accounts of individual Provisos. paymasters shall be analyzed under the several heads of of accounts. the appropriation and recorded in detail by the Paymaster-General of the Army before said accounts are forwarded to the Treasury Department for final audit, and Assignment of the Secretary of War may hereafter authorize the assign- clerks. ment to duty in the office of the Paymaster-General, not to exceed five paymasters' clerks, now authorized by law.

paymasters'

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QUARTERMASTER'S DEPARTMENT.

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BARRACKS AND QUARTERS, PHILIPPINE ISLANDS: Con-, Philippine Istinuing the work of providing for the proper shelter and Buildings, protection of officers and enlisted men of the Army of the etc. United States lawfully on duty in the Philippine Islands, including the acquisition of title to building sites when necessary, and including also shelter for the animals and supplies, and all other buildings necessary for post administration purposes, two hundred and thirty thousand

dollars.

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***

TRANSPORTATION OF THE ARMY AND ITS SUPPLIES: and hereafter no steamship in the transport service of the ed. United States shall be sold or disposed of without the consent of Congress having been first had or obtained; * *

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Sale of transports restrict

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Funds from stores trans

All funds received as the value of military stores transferred to Phil- ferred by the several staff departments of the Army to

ippines.

the Insular Department of the Philippines shall be deposited in the Treasury of the United States and remain available during the fiscal year nineteen hundred and six for the procurement of like military stores to replace those so transferred.

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Insular possessions.

ORDNANCE DEPARTMENT.

Mar. 3, 1905. CHAP. 1402.-An Act Making appropriations for fortifications [H. R. 17094.] and other works of defense, for the armament thereof, for the pro[Public, No. curement of heavy ordnance for trial and service, and for other 135.] 33 Stats. L.,

purposes.

Seacoast

guns.

pt. 1, p. 845. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemFortifications bled, That the sums of money herein provided for be, and appropriations. the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, namely:

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Proviso.
Carriages.

Ammunition.

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teries.

Seacoast bat- For construction of seacoast batteries in the insular possessions, seven hundred thousand dollars.

For the purchase, manufacture, test, and issue of seacoast cannon for coast defense for the insular possessions, including their carriages, sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, one hundred and twenty thousand dollars.

Provided, That the Secretary of War is authorized to mount two twelve-inch and three ten-inch breech-loading rifles on a corresponding number of carriages for which appropriation was made for the insular possessions in the fortification Act approved April twenty-first, nineteen hundred and four, and in addition thereto two twelve-. inch and two ten-inch rifles for the carriages for which estimates are now submitted, these guns being surplus on hand in excess of the number of carriages provided for emplacements in the United States.

For purchase, manufacture, and test of ammunition for seacoast cannon, for the insular possessions, including the necessary experiments in connection therewith, and the machinery necessary for its manufacture at the arsenals, one hundred thousand dollars.

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FORTIFICATIONS IN INSULAR POSSESSIONS.

Inspecting instruments.

ers, etc.

For purchase, manufacture, and test of inspecting inRange find-struments for the manufacture of cannon, carriages, and ammunition; range finders and other instruments for fire control at the fortifications in the insular possessions,