57th congress sess. 2 ch. 195,196 1903[1] (1)

7/29/2019 57th Congress Sess. 2 CH. 195,196 1903[1] (1)

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THE

STATUTES AT L.i\_RGEVi ' Ti l 1- :

U N I T E D S T A T E S O F A M E R I O A ,rucor

DECEMBER, 1901, TO :MARCH, 1903,

C O N C U R R E N T R E S O L U T T O N S O F T H E T W O n O U S E S O F C O N G R E S S ,ANI)

R EC EN T T R EA T I E S , C O N V E N T IO N S , A N D E X EC U T IV EP R O C L A M A T I O N S .

EDITED, PRETED, AND PUBLISHED BY AUTHORITY OF CONGRESS,UNDER THE DIRECTION OF THE SECRETARY OF STATE.

'. ~~ .~..I , r ~ ,LA iN ! I":' ':"".,'\ "'.:.v

~Ma I o.~ _. _ _V O L . X X X I I . - P A R T 1 .

WASHINGTON:GOVERNMEN1' PRINTING OFFICE.

1!l03.

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th e U n ite dtitled "Anand indus-nineteenribe rulesr domestican dthe It;lcli!\,n"y whICh ~ssaid Tern-Tribes, an dt the sa~eing herel~isposing ofsixteen, of 'the ~ndl l1Dy-eIghth,otment by

'd 01' isal Sprocure~ tfof eithey?regulatlOOS0

. 1903. FIFTY-SEVENTH CONGRESS. SESS. II. CR . 195,196. 1903. 775

e Unitedsums be,he Tl'eas- ,e appro-ly:

rescribed thereunder by the Secretary of the Interior, shall pay a fineP f oot more than five hundred dollars, or be imprisoned not more than~\Velve month~, or both, in the discretion of the court trying the same."APproved, January 21,1903.

deficien_hundreq

o be exe-dollars.

.:CRAP, 196,-.4...n Act' To promote the efficiency of the militia, and for other January 21,1903.purposes. [Public, No. 33.J

.: Be it enacted by t7~eS en ate ctnd H ou se of ' I iepreeentccioee of the United Stctte s of A me rica in O onqre ss as se mble d, That the militia shall consist ~~~~~sition 01. o r every able-bodied male citizen of the respective States, Territories,and the District of Columbia, and every able-bodied male of foreignbirth who has declared his intention to become a citizen, who is more, . . tha n eighteen and less than forty-five years of age, and shall be dividedinto two classes-the organized militia, to. be known as the National National Guard.Guard of the State, Territory, or District of Columbia, or by suchother designations as may be given them by the laws of the respectiveStates. or Territories, anCi the remainder to be known as the Reserve Reserve Militia.Militia.. SEC, 2. That the Vice-President of the United States, the officers, Persons exempt.judicial and executive, of the Government of the UnitedStates, the:members and officers of each House of Congress, persons In the mili-.: tary or naval service of the United States, all custom-house officers,:with their clerks, postmasters and persons employed by the United\States in the transmission of the mail, ferrymen employed at nny ferry':on a post road, artificers and workmen employed in the armories andi),fsenals of the United States, pilots, mariners actually employed in" the .sea service of any citizen or merchant within the United States,. and alJ persons who are exempted by the laws o f the respective States"or Territories shall be exempted from militia duty, without regard toage: Provided, That nothing in this Act shall be construed-to require P E , a v i s o t b1 b f 11 . d lici xemp Ion ecause01' compe any mem er 0 any we -recogruze re grous sect or organ- of creed,ization at present organized and existing whose creed forbids its mem-bers to participate in war in any form, and whose religious convictions! ! o r e against war or participation therein, in accordance with the creed'of'said religious organization, to serve in the militia or any othera rmed or volunteer force under the jurisdiction and authority of theUnited States., , S .E ? :. 3 . That the regularly enlisted, organized, and uniformed. active Organized militia .m~htJa In the several States and Territories and the District of Colum bia~whQhave heretofore participated or shall hereafter participate in thefapportionment of the annua appropriation provided by section sixteen R. S. sec. 1061, p,290.J-:,udredand sixty-one of the Revised Statutes of the United States, as Vol . 24, p, 40l.m c 1 d h h k J Iesi J G Vol . 81, p. 662.~,n ~ ,wet e1' nown anCl (. eSlgnateCt as National nard, militia, or t~erWIse, shall constitute the organized militia. The organization, To conform to gen-, ',arrnamen.t, a~cl discipline 'of t.he ?rga~ized militia in the several States U~~s ,rmy Regula,and Terl'ltones andlll the Dlstnct of Columbia shall be the same asth,at which' is now or may hereafter be prescribed for the Regular andVolunteer Armies of the United States, within five years from the date S f the approval of this Act: Provided That the President of the I T nited P':O~SOS.Itates' t' f b '1 :fix h ,. i\Imunum number.r ,In 1me 0 peace, may y orc er t e nll111mUIll number of of enlisted men,

_ e n lSted men in each company, troop, battery, signal corps, engineereorps, and hospital corps: And provided fU1,tAer, Tha.t any corps 'ofartillery, cavalry and infantry existing in any of the States at the Priyilegesofcertain~~.shge of the Act of May eighth, seventeen hund.red and' ninety-two, eX~~~f.~rfkCO l~ , by the laws, customs or usages of the said States have been inanntrnuous existenc~ ,since the pa:ssage of said' Act uncleI' i~s provisionsd under the prOVISIons of SectIOn two hundred and thIrty-two and R. S., sees, 2~2: 1025-1660, pp. 37, 285-290.

. ".ythousanddollars;o thou-ut of theof the

for the useTerritory,"

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776 FIFTY-SEVENTH CONGRESS. SESS. II. CR. 196. 1903. FIF'lSections sixteen hundred and twenty-five to sixteen hundred and sixt~oth inclusive, of Title s~~t~en of the Revised Statutes. of the UnitlciStates relating to the Militia, shan be allowed to retain their accus-tomed l~Tivileges, subject, neveTth.e~e~s, to all other duties required by ..law inlike mauuer as the other MIlItIa. ... To be cfanediorth SEC. 4. That whenever the U nited States is inv-aded, or in dano'eI' of .m case 0 IDVaSIQn, . L f' ti f J I I " b. ,.etc. invasion rroni any orel~'n na .011,01' 0 rene Ion against the authoritv '. of the Government of the United States, or the President is unable .with the other forces at his command, to execute the laws of the Ul1io~in any part thereof, it shall be lawful for the President to call forth .for a period not exceeding nine months, such number of the militia othe State or of the States or Territories or of the District of ColumlJiwas he may deem necessary to repel such invasion, suppress such 1'ebel-'lion, or to enable him to execute such laws, and to issue. his orders for'that purpose to such officers of the militia as he may think proper.Term of serviceto SEC. 5. That whenever the President calls forth the militia of anybespecified. State or. Territory or. of the District of Columbia to. be employed in.the seT.Vlee of the United States, he may spec!fy lll. his call the periodfor which such service IS required, not exceedmg nme months, and themilitia so called. shall continue to serve durh:g the term so specified,unless sooner dIscharged by order of the President, _Apportionment. SEC. 6. That when the militia of more than one State is caned intothe actual service of the United States by the President he may, in his'discretion, apportion them among such States or Territories 01' to the'District of Columbia according to representative population. .-Musteringn. SEC. 7. That every officer and enlisted man of the militia who shall'be called forth in the manner hereinbefore prescribed and shall be .found fit for military. service shall be mustered or accepted into the,United States service by a duly authorized mustering officer of tbe:~~~~ent for re- United States: Provided, Iunoeoer,That any officer or enlisted man of,

fusal to answercall. the militia who 'shall refuse or neglect to present himself to such mus-"tering officer upon being called forth as herein prescribed shall besubject to trial by court-martial, and shall be punished as such conrt-.martial may direct. ."cO~~~:i~i~~n:-artiftl, SEC. 8. That courts-martial for the trial of officers or men of the' ,militia, when in the service of the United States; shall be composed of',. militia officers only. 'g~~lRegu1atlOnsto ~EC: 9. That the militia,. when .called into the actual s~rvice ~f theITmted States, shall be subJect to the same Rules and Artlcles of WaF ".."".",' . :


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l sixtyUnitecl(lCcus-red bynger ofnableUnio~fortho f 'rebel-ers for

of anyinperiodand theified,ed into, in hisr to theho shallshall beinto theof theman ofch mus-shall becourt-

of theosed ofce of theof Ware of thed to t befor theervice ofnder theof theirrovisio?'e prevI-ided bydezvous.

m suchory, andv V a l '. , at 'escrIbe,reportsr. _Thatr, trans-adjutants-

FIFTY-SEVENTH CONGRESS. SESS. II. CIl. 196. 1903. 777O'eneral of the States, Territories, and the District of Columbia, with.~uch observations. thereon as he may deem necessary for the informa-tion of Con~Tess.SEC. 13. That the Secretary of War is hereby authorized to issue, Issueofarms, etc.on the requisitions of the governors of the several States and Terri- Post , p. 942.tories 01' of the commanding general of the militia of the District ofColLl~bia, such number of the United States standard service maga-zine ai-ms, WIth bayonets, bayonet scabbards, gun slings, belts, andsuch other necessary accouterments and equipments as are requiredfor the Army of the United States, for arming all of the organizedmilitia in shaid States anld Ttehrritolf:ies and Dish'~rihcthofCoblum"?ia, wdit~out ai1,~~l~~f~f~~~\:ocha.rging t e cost .01' va ue ereo, or any w IC ave een Issue sinceDecemher first, nineteen hundred and one, or any expense connectedtherewith, against the allotment to said State, Territory, or District ofColum bia, out of the annual appropriation provided by section sixteen R. S.,sec.661, p. 290,hundred and sixty-one of the Revised Statutes, as amended, or req uir- Exchange of am-. i n g payment therefor, a~~ to exchange, without l'e?eiving any money muuinon.credit therefor, ammunition, or parts thereof, SUItable to the newarms, round for round, for corresfonding ammunition suitable to theold arms theretofore issued to saic State, Territory, 01' District by theUnited States: Prouided, That said rifles and carbines and other prop- Proviso. a

11 b . 1 . 1 h 11 . h f th U . d Exchange of 01 forarty sha e receiptec for anc s a remain t e property 0 e nite newarms.States and be annually accounted for by the governors of the Statesand Territories as now required by law, and that each State, Territory," and District shall, on receipt of the new arms, turn in to the OrdnanceDepartment of the United States Army, without receiving any moneycredit therefor, and without expense for transportation, all UnitedStates rifles and carbines now in i t."! possession., To provide means to carry into effect the provisions of this section, Appropriation.the necessary money to cover the cost of exchanging or issuing the newarms, accouterments, equipments, and ammunition to be exchanged orissued hereunder is hereby appropriated out of any moneys in theTreasury not otherwise appropriated. .SEC. 14. That whenever it shall appear by the report of inspections Payment f~r.nctuaJhi h . h h S ' or r d' field,etc.,service.W lC It shall be t e duty of t e ecretary of \'y ar to cause to be rna eat least once in each yeaI' by officers detailed by him for that purpose,that the organized militia of a State or Territory or of the District ofColumbia is sufficiently armed, uniformed, and equipped for activeduty in the :field, the Secretary of War is authorized, on the requisitionof the governor of such State or Territory, to pay to the quartermaster-general thereof, or to sucb other officer of the militia of said State astbe said governor may designate and appoint for the purpose, so much0 t its allotment out of the said annual appropriation under sectionslXteen hundred and sixty-one of the Revised Statutes as amenoed assball be necessal~y for the payment, subsistence, and transportation of. such portion of said organized militia as shall engage in actual :field orcamp service for instruction an.d the officers and enlisted men of such Payofo fficersandmilitia while so engaged shail be entitled to the same pay, subsistence, men.and tl'anl:;portation or travel allowances as officers and enlisted men of{!ol'~'esponding grades of the Regular Army are or may hereafter beentitled by law, and the officer so designated and appointed shall beh~garded as a disbursing officer of the United State:;, and shall render Accounts., IS accounts through the War Department to the proper accounting?fficers of the Treasury for settlement, and he shall be require.d to giveg;ood and sufficient bonds to the United States, in sucl:i sums as the... Sectetary of War may direct, faithfully to account for the safe- keepingan~ payment of the public moneys so intrusted to him for disbursement.

SEC. 15. That the Secretary of vVar is hereby authorized to nrovide Participation infor l)a o f : ' t' b t f h . d t f 6 Regular Army en-T . 1 lclpa IOn y any par 0 t e orgamze ml ltla 0 any I.Jt~te or campments,tc.erntory on the request of the governor thereof in the encampment,

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778 FIFTY-SEVENTH CONGRESS .. SESS. II. CR. 196. 1903.maneuvers, and field instruction of any part of the Regular Army ator near any military post or camp or lake or seacoast defenses of theU nited States. In such case th.e organized militia so partieipatingshall receive the same .pay, subsistence, and transportation as is pro-vided by law for t~e officers and men of t?e Regular Army, to be paid. out of the approl;matlOn for the pay, subsistence, and transportation ofK~~~ f~~rmyom-the Army: Provided; That the command of such military post or campcer J O retain com- and of the officers and troops of the United States there stationed shallman. remain with the regular commander of the post without regard to therank of the commanding 01' other officers of the militia temporarily soencamped within its limits or in its vicinity.Allowanceto mili- SEO. 16. That whenever an. officer of the. orsanized militia shall .tia otlicersattending d .' b. ,militaryschools. upon recommen ation of the governor of any State, Terntory 01'general commanding the District of Columbia, and when authorizedbJ:' ~he President, attend and pill's';le a l~egular co.urse of study at anymilitary school or college of the U nited States SL1chofficer shall receivefrom the annual appropriation for the support of the Army the same'travel allowances, and quarters, or commutation of quarters, to whichan officer of the Regular Army would be entitled if attending suchschool or college under orders from proper military authority, andshall also receive commutation of subsistence at the rate of one donal'per day while in actual attendance upon the course of instruction.Issueofarmystores, SEC. 17. That the annual appropriation made by section sixteen.e t~.s.,sec.lG61,p.290.undred and sixty-one, Revised Statutes, as amended, shall be availa-ble for the purpose of providing for issue to the organized militia anystores and supplies or publications which are supplied to the Army by.Purchase.of nddi- any department, Anv State Territory or the District of Columbiational supplies,etc. . J .' , .'may, With the approval of the Secretary of War, purchase for cashfrom the War Department, for the use of its militia, stores, supplies,material of war, or military publications,' such as are furnished to theArmy, in addition to those issued under the provisions of this Act, atthe price at which they are listed for issue to the Army, with the costsa~~~f receipts fromof transportation added,. and funds received from such sales shall becredited to the ap)?rOpnatlOl1S to which they belong and shall not becovered into the I'reasury, but shall be available until expended toreplace therewith the supplies sold to the States and Territories and

. . to the District of Columbia in the manner herein provided.st:~~g~~~~~iJJtnr~~t SEC. 18. That each State or Territory furnished with material ofpracticerequired. war under the provisions of this or former Acts of Congress shall,during' the year next preceding each annual allotment of funds, Inaccordance with section sixteen hundred and sixty-one of the RevisedStatutes as amended, have required every company, troop, and batteryin its organized militia not excused by the governor of such State orTerritory to participate in practice marches or go into camp of instruc-tion at least five consecutive days, and to assemble for drill andinstruction at company, battalion, or regimental armories or rendez-vous or for target practice Dot less than twenty-four times, and shallalso have required during such year an inspection of each sucb ?0l11-pany, troop, and battery to be made by an officer of such 111llItIaor. an officer of the Regular Army.oe~ef~r~~~a~~e~~: SEC. 19. That upon the application of the governor of any State ~r~ Territory furnished with material of war under the provisions of tbisAct or former laws of Congress, the Secretary of V \1ar may detail oneor more officers of the Army to attend any encampment of the organ-ized militia, and to ~ive snch instr~lCtioll and information to the officersand men assembled 11 1 such ca.mp as may be requested by the governor.Such officer or officers shall immediately make a report of such encamp-ment to the Secretary of 'War, who shall furnish a copy thereof to thegovernor of the State or Territory.

Pay,etc.

Inspection.

Report.

FIF1SEC. ~TerritorAct ordiscreticgoveT~lo

orgal1lZEof the gSecretaISEC. ~post or.'aDlmunlprescribf:lhall bepurposeSEO. ;or the ITorincUlall the land in cservice'after beor won:childre[. SEC.~:qualifie(after blother tl:is authoand con'shall exfor thei.n the Eforces (or TenUnitedinstructArmy,which aent or 1course,shan bof Walcapacit;applicathe conDepartthe ofEapprovqualifiement f (subjectclass f(force I'gress, (ident rregula]Statesfro111tlaHowaJ


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:FIFTY-SEVENTH CONGRESS. SESS.n. CR . 196. 1903. 779SEC. 20. That UaOll application of the zovernor of any State 01' A s~i~men t of, f . h . h ial of "'d h . , f thi Artuy ctticers for duty'I'erritory urnis e Wit materia of war un er t e provisions 0 18 with militia.Act or former laws of Congress, the Secretary of W (1,1' may, ill hisdiscretion, detail one or more officers of the Army to report to the

g-ovemor of such State or Territory for duty in connection with theorganized militia, All such assignments may be revoked at the request Revocation.of the governor of such State or Territory or at the pleasure of theSecretary of War.SEC. 21 , That the troops of the militia encamped at any military Ammtn tO itiontfortar.f h U it d S b f . h 1 h f ge prac Ice, e c.post or camp 0 t e III e tates may e urms ec sue amounts o:ammnnition for instruction in firing' and target practice as may beprescribed by the Secretary of War, and such instruction in firing::;ha11be carried on under the direction of an officer selected for thatpurpose by the proper military commander,SEC. 22. That when any officer, noncommissioned officer, or private Pension for wounds,of the militia is disabled by reason of wounds or disabilities received etc.or incurred in the service of the United States he shall be entitled toall the benefits of the pension laws existing at the time of his service,and in case such officer, noncommissioned officer, or private dies in theservice of the United States or in returning to his place of residenceafter being mustered out of such service, or at any time, in consequenceof wounds or disabilities received in such service, his widow and Pension to widow.children, if any, shall be entitled to all the benefits of such pension laws.. SEC ')3 That for the l)urpose of securinc a list of persons specially Examinations lor .:J. co connmssions m otherqualified to hold cotnmisaions in any' volunteer force which may here- Yolunteers.. after be called for and organized under the authority of Congress,other than a force composed of organized militia, the Secretary of Waris authorized from time to time to convene boards of officers at suitableand convenient army posts in different parts of the United States, whoshall examine as to their qualifications for the command of troops 01'for the performance of staff duties all applicants who shall have servedin the Regular Army of the United States, in any of the volunteer ..forces of the United States, or in the organized militia of any State EI~glbilitl' of appli-01' Territory 01' District of Columbia, 01' who, being' a citizen of the cants.United States, shall have attended or pursued a regular course ofinstruction in any military school or college of the United StatesArmy, or shall have graduated from any educational institution towhich an officer of the Army or Navy has been detailed as superintend-ent or professor pursuant to law after h~1Yingcreditably pursued thecourse of military instruction therein provided. Such examinations Regulations.shall be under rules and regulations prescribed by the Secretaryof War, and shall be especially directed to ascertain the practicalcapacity of the applicant, The record of previous service of theapplicant shall be considered as a part of the examination, Upon Certificntesol quali-l '. ., . , fieutlon coustitute ell-the conclusion of each examination the board shall certify to the War gible class.Department its judgment as to the fitness of the applicant, statingthe office, if any, which it deems him qualified to fill, and, uponapproval by the President, the names of the persons certified to bequalified shall be inscribed in a register to be kept in the War Depart-ment for that purpose. The persons so certified and registered shall, Further i?str~"tion

bi h '1 ., t th ti . li ibl ot eligibles Inmilitary811 ]ect to a p ySlCa eXamll1atlOn a e Ime, constItute an e igl e schools.class for commissions pUl'imant to such certificates in any volunteerforce hereafter called for and organized under the authority of Con-!STess,othei' than a force composed of organizec1militia, and the Pres-ldent lllay authorize persons from tbis class, to attend and pursue aregular course of study at any military school or college of the UnitedStates other than the :Military Academy at West Point and to receivefrom the annual appropriation for the support of the Army the sameallowances and commutations as provided in this Act for officers of the

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780 ,F1FTY-SEVENTH CONGRESS. SESS.II. CRS. 196,197,332. 1903. FIFTY _SEVENTH CONGRESS. SESS. II. CRs.332,3Provisos.Age limit. organized militia: Provided, That noperson shall be entit led to receiva commission as a second l ieutenant after he shall have passed the ag!of. thirty; as first lieuteuant after he shall have passed the age oft~ty-fivei as cap t a in after he shall have passed the age of forty aswaJor after he shall have passed the age of forty-five; as lieuten~ntProporttonate dis. colonel after he shall have passed ~he age of :fifty, ?r as colonel afte~

trlburlon 01 .ppoin~ he shal l have passed the age of fi ftJ-five: And 111'ovzded fU1 ,thel ' Thatmeuts. such appointments. shall be distr ibuted proportionately, as near a's maybe, awong the various States contrIbut ing such volnnteer force: Andn""'ctlollS, p1'Ovided, That the appointments in this sect iou provided for shal l notbe deemed to include appointments to any office in any company troopbat tery, battalion, or regiment of the organized militia which 1'oluu:teers as a bodv 01' the officers of which are appointed by the governor'of a State 01' Territory,un~~~~~~~n 01vol SEC. 24, That nJl the volunteer forces of the United States called forV o l . 3 0 , p .3 6 1. by authority of Congress sha-Il, except as hereinbefore provided beorganized in the manner pro\7ided by the Act entitled "An Act toprol7ide for tmnporarjly increasing the military establishment of theUnited States in t ime of war, and for other'purposes," approved Apriltwenty-second, eighteen hundred and ninety-eight,l o l l i , Siip~e":i;23~ SEC, 25. That sections sixteen hundred aod twenty-five to sL-tteen

,cpenled.' , hundred and sixty, both included, of title si>;teen of the Rel7iscd Stat-utes, and section two hundred and thirty-two thereof, relatiolY to themilitia, are hereby repealed. 0SEC, 26 . That this Act shall talre effect upon the-date of its approval.Approved, Jannary 21, 1903, '

. be sufficient to pay all of said judgmapPdoP~h~il~e~~~able iu goM coin of the UniteldbS~~estebon S reseut standard weight and fineness, shal e~r Inof the P ur er centum pel' annum, payable Sem!allllU8rate of t~ . p ot less than five years and paya)lle. III notredeema J e HflD the date of issuance. The pnllClpal and"'it n l'ears rom 11 t d tln ee s, hall be exempt from UIlYand a axes, an rnil booas s . h ' e on the revenues of the ]there~~ ShS~id~n;~~~~hall b~gsold at not less than theirHn"nll. ds thereof shal l be applied to the payment cand the pr?ce~ d ' d to no other purpose, and they shallments afOleSal ~u t' ns and be issued and sold under sueforul "tid dello~heuS~~retary of the Interior shell prescribere~llia ~ n T h s t under no circltmstauces shall s u y such JltdgEO,., ~ claiming through him, be required to pay, JRut, ? l ~"Y.O:O'e~tbe ent itled to charge, demand, or receati?rn~j 01 7e 'tlllln ten per centum upon the amonnor Jtl(hl 'ectl j ' .mOle, lvices 01' labor of auy kind Ol' ellnra~'~~e~g~~~~~~s{~t)ll~hmeI{t of the claim, allthdn tcases ofp ".' diu . for payment of less au en petagreemettb.El~: 't begincreased above the percentage so aw ymen s u h .ud lUont shall be paid hel'eun~er thesai~o~l~~lo~v cmJst ~rtifY that tbe salll:elisti.genult1emahn, f th t of the lelYlsa va asse .)del'e(lln JJl\l"suauce 0 e ac. b h II b ' f -'1t f 'd lud"menu; s a e 1l [utOTl" all the paymen 0 Sal / 0 d d ainst saani! discharge of any and all clalills or eman ,s ng ,or the ullited States on a?Conut of any property destloye

'es"ion of the buboUlc plague. 'su~~~, ~, That this Act shall take .effect from nnd after IApproyed, J[lUU(lry 26, 1903,

Effect.

JnnDn,y 22,1903. CHAP. 197,-au Act To est"bli.b Portal, North Dakota, a subport of eutryaud[Public, No.SL] ""tend tbereto tbe Rrivilege, oj tbo fi rst section of the Act approved June tenth,eigbteen hundred and eighty.

Bd i t enacted u p the Stnate a nd H ou s e o f R e pl 'e s en ta ti ve < l o f tI le U nit ed~!n~g '~~f ' i i nme .Sta . tK !8 of Am enca in C01l.{J1'e

57th congress sess. 2 ch. 195,196 1903[1] (1)

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