necessary to the successful manufacture of said "thorite" 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 subpoenaed 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 subpoenaed to produce, shall be deemed guilty of a misdemeanor, for which such person shall be punished on information 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 privates: 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: H. C. CORBIN, Adjutant General. No. 28. ADJUTANT GENERAL'S OFFICE, 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: CORPS OF ENGINEERS. 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. ARTILLERY CORPS. 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; 26. Cadet William P. Platt, to the 58th Company, Coast Artillery; 27. Cadet Guy E. Carleton, to the 92d Company, Coast Artillery; 28. Cadet Eugene R. West, to the 37th Company, Coast Artillery; 31. Cadet Dennis H. Currie, to the 90th Company, Coast Artillery; 32. Cadet Beverly F. Browne, to the 39th Company, Coast Artillery; 34. Cadet Edward M. Shinkle, to the 63d Company, Coast Artillery; 36. Cadet William R. Bettison, to the 68th Company, Coast Artillery; 37. Cadet Raymond S. Pratt, to the 94th Company, Coast Artillery; 38. Cadet Alfred A. Maybach, to the 43d Company, Coast Artillery; 41. Cadet Alden F. Brewster, to the 93d Company, Coast Artillery; 42. Cadet John A. Berry, to the 85th Company, Coast Artillery: 44. Cadet Gordon Robinson, to the 83d Company, Coast Artillery; 45. Cadet Henry M. Dougherty, to the 86th Company, Coast Artillery; 47. Cadet Edward H. De Armond, to the 17th Company, Coast Artillery; 58. Cadet Claude E. Brigham, to the 31st Company, Coast Artillery; 59. Cadet Richard Furnival, to the 84th Company, Coast Artillery; 63. Cadet William Tidball, to the 87th Company, Coast Artillery; 67. Cadet James Prentice, to the 49th Company, Coast Artillery. CAVALRY ARM. To be Second Lieutenants. 12. Cadet William L. Guthrie, to the 12th Cavalry: 19. Cadet Walter D. Smith, to the 6th Cavalry; 21. Cadet Harry B. Jordan, to the 6th Cavalry; 23. Cadet Frank P. Lahm, to the 6th Cavalry; 30. Cadet Robert McC. Beck, jr., to the 12th Cavalry; 70. Cadet Fred L. Deen, to the 13th Cavalry; 73. Cadet Emory J. Pike, to the 2d Cavalry. Lieutenants Sherrill, Lee, Spalding, and Caples, Corps of Engineers, will proceed to Manila, Philippine Islands, and report in person to the commanding general, Division of the Philippines, for duty with the 1st Battalion of Engineers. Lieutenants Johnston, Peek, Dent, and Williams, Corps of Engineers, will proceed to Fort Totten, New York, and report in person to the commanding officer for duty with the 2d Battalion of Engineers. Lieutenants Poole and Jewett, Corps of Engineers, will proceed to Fort Totten, New York, and report in person to the commanding officer for duty with the 3d Battalion of Engi neers. The officers assigned to cavalry regiments will report in person for duty to their respective regimental commanders, with the following exceptions: Lieutenant Smith, 6th Cavalry, will report in person to the commanding officer, Fort Myer, Virginia, for duty at that post; |