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on ordnance construction, eighteen thousand seven hundred dollars.

For repairs of railroad tracks connecting the proving ground with the Central Railroad of New Jersey, four thousand dollars.

For concrete traverse on two sides of the service magazine, eight hundred and thirty seven dollars.

For gun skids for parking new guns and those proved, three thousand two hundred dollars.

For observation platforms on traverses, and steps leading thereto, six hundred dollars.

For clay soil covering between the gon platforms and armor plate backings, one thousand one hundred and thirty dollars.

For ash covering in the gun park and railroad yard, one thousand one hundred dollars.

For electric power for operating gantry crane used for heavy weights and for operating experimental carriages using electrical motors, fifteen thousand dollars.

For building for electrical plant, including foundation for batteries, and so forth, two thousand five hundred dollars.

For erecting and equipping a chemical laboratory, fifteen thousand dollars.

WATERVLIET ARSENAL, WEST TROY, NEW YORK. For completing repairs and alterations on gun shops, including new cornice, ten thousand dollars. For gallery drive, twelve thousand dollars.

BOARD OF ORDNANCE AND FORTIFICATION. To enable the board to make all needful and proper purchases, experiments, and tests to ascertain, with a view to their utilization by the Government, the most effective guns, small arms, cartridges, projectiles, fuses, explosives, torpedoes, armor plates, and other implements and engines of war, and to purchase or cause to be manufactured, under authority of the Secretary of War, such guns, carriages, armor plates, and other war material as may, in the judgment of the board, be necessary in the proper discharge of the duty devolved upon it by the Act approved September twenty second, eighteen hundred and eighty eight; to pay the salary of the civilian member of the Board of Ordnance and Fortification provided by the Act of February twenty fourth, eighteen hundred and ninetyone, and for the necessary traveling expenses of said member when traveling on duty as contemplated in said Act; for the payment of the necessary expenses of the board, including a per diem allowance to each officer detailed to serve thereon, when employed on duty away from his permanent station, of two dollars and fifty cents a day; and for the test of ex

perimental guns, carriages, and other devices procured in accordance with the recommendation of the Board of Ord. nance and Fortification one hundred thousand dollars, the expenditure of which shall be made by the several Bureaus of the War Department heretofore having jurisdiction of the same, or by the Board itself, as the Secretary of War may direct, and one additional member shall be added to the said Board of Ordnance and Fortification, who shall be an artillery officer of technical ability and experience, to be selected by the Secretary of War: Provided, That before any money shall be expended in the construction or test of any gun, gun carriage, ammunition, or implements under the supervision of the said board, the board shall be satisfied, after due inquiry, that the Governinent of the United States has a lawful right to use the inventions involved in the construction of such gun, gun carriage, ammunition, or implements, or that the construction or test is made at the request of a person either hav. ing such lawful right or authorized to convey the same to the Government.

To enable the Secretary of War to make a comparative test of destructive energy between the Gathmann torpedo gun now ac Sandy Hook and the Ariny twelve-inch service rifle, such tests to be made against two similar targets representing the side construction of the latest type of battle ship; each of said structures to be faced with a Kruppized armor plate eight feet by sixteen, and twelve inches thick, and at least ten shots to be fired from the Army rifle against one structure and one or more Gathmann torpedoes against the other; for the erection of the structures and the purchase of materials, armor plates, ammunition, mount for the torpedo gun and other necessary expenses of such test, fifty thousand five hundred and fifty dollars.

ISHAM SHELL AND TUTTLE “THORITE.” To enable the Secretary of War, in his discretion, and if in his judgment it will be for the best interests of the Gov. ernment, to purchase the United States Letters Patent Numbered Six hundred and twenty-two thousand four hundred and seventy-nine, issued April fourth, eighteen hundred and ninety-nine, covering the Isham high-explosive shell, designed for firing high explosives and carrying the same through armor plate, invented and now owned and controlled by Willard S. Isham, and also to purchase the entire and exclusive right for the United States to manufacture and use the high explosive “thorite,” invented and now owned and controlled by Doctor Hiram P. Tuttle, one hundred thousand dollars: Provided, That all formulæ, data, and facts related to said process and

necessary to the successful manufacture of said “thority" shall be placed in the possession of the Secretary of War, and to his satisfaction, before any payment for the same shall be made: Provided further, That before any money shall be expended in the purchase of said patent the Secretary of War shall be satisfied, after full investigation, that the Government of the United States shall have a lawful right to use said patent, without the use of same being an infringement upon any prior invention, patent, or pending application for patent covering said invention or any material part thereof.

That all material purchased under the foregoing provisions of this Act shall be of American manufacture, except in cases when, in the judgment of the Secretary of War, it is to the manifest interest of the United States to make purchases in limited quantities abroad, which material shall be admitted free of duty.

Approved, March 1, 1901.

III--An Act To prevent the failure of military justice, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person not belonging to the Army of the United States who, being duly subpænaed to appear as a witness before a general court-martial of the Army, willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or produce documentary evidence which such person may have been legally subpænaed to produce, shall be deemed guilty of a misdemeanor, for which such person shall be punished on inforination in the district court of the United States; and it shall be the duty of the United States district attorney, on the certification of the facts to him by the general court-martial, to file an information against and prosecute the person so offending, and the punishment of such person, on conviction, shall be a fine of not more than five hundred dollars or imprisonment not to exceed six months, or both, at the discretion of the court: Provided, That this shall not apply to persons residing beyond the State, Territory, or District in which such general court-martial is held, and that the fees of such witness, and his mileage at the rates provided for witnesses in the United States district court for said State, Territory or District shall be duly paid or tendered said witness, such amounts to be paid by the Pay Department of the Army out of the appropriation for compensation of witnesses: Provided, That no witness shall be compelled to incriminate himself or to answer any questions which may tend to incriminate or degrade him.

SEC. 2. That article ninety-four, section thirteen hundred

and forty-two, of the Revised Statutes of the United States be, and the same is hereby, repealed.

SEC. 3. That section one hundred and eighty-three of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows:

“Sec. 183. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army detailed to conduct an investigation, and the recorder, and, if there be none, the presiding officer of any military board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation.”

SEC. 4. That article eighty three, section thirteen hundred and forty-two, of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows:

“ARTICLE 83. Regimental and garrison courts-martial and summary courts detailed under existing laws to try enlisted men shall not have power to try capital cases or commissioned officers, but shall have power to award punishment not to exceed confinement at hard labor for three months or forfeiture of three months' pay, or both, and in addition thereto, in the case of noncommissioned officers reduction to the ranks and in the case of first class privates reduction to second-class pri. vates: Provided, That a summary court shall not adjudge confinement and forfeiture in excess of a period of one month, unless the accused shall before trial consent in writing to trial by said court, but in any case of refusal to so consent, the trial may be had either by general, regimental, or garrison courtmartial, or by said summary court, but in case of trial by said summary court without consent as aforesaid, the court shall not adjudge confinement or forfeiture of pay for more than one month.

Sec. 5. That article sixty, section thirteen hundred and forty-two, of the Revised Statutes of the United States be, and the same is hereby, amended by inserting after the words "shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial may adjudge,” the words “or by any or all of said penalties.” Approved, March 2, 1901. BY COMMAND OF LIEUTENANT GENERAL Miles:


Adjutant General.

No. 28.

Washington, March 9, 1901. By direction of the Secretary of War, the appointments in the Army of the United States, and the assignments to corps and regiments, to date from February 2, 1901, of the followingnamed cadets, graduates of the U. S. Military Academy, are announced:


To be Second Lieutenants.
1. Cadet Edward N. Johnston;
2. Cadet Clarence O. Sherrill;
3. Cadet John H. Poole;
4. Cadet Ernest D. Peek;
5. Cadet Walter H. Lee;
6. Cadet George R Spalding;
7. Cadet Elliott J. Dent;
8. Cadet William G. Caples;
9. Cadet Henry C. Jewett;
10. Cadet Arthur Williams.


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To be Second Lieutenants. 11. Cadet Wildurr Willing, to the 91st Company, Coast Artillery;

13. Cadet William S. Browning, to the 89th Company, Coast Artillery:

14. Cadet Clarence H. Knight, to the 7th Company, Coast Artillery;

15. Cadet Nathaniel E. Bower, to the 2d Company, Coast Artillery;

16. Cadet Francis W. Clark, to the 8th Company, Coast Artillery:

17. Cadet Joseph F. Barnes, to the 13th Company, Coast Artillery;

18. Cadet Edward Canfield, jr., to the 78th Company, Coast Artillery;

20. Cadet William P. Ennis, to the 20th Company, Coast Artillery:

22. Cadet Arthur H. Bryant, to the 88th Company, Coast Artillery;

24. Cadet Willis G. Peace, to the 14th Company, Coast Artillery;

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