CHAP. 1027.-An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes. * * * 25 Stat. L., 481. Supplies for army to be purchased where cheapest. * * R. S., § 3709. Limit of draught animals to 5,000. R. S., § 1133. Be it enacted, &c., [Par. 1.] That after advertisement all the supplies for the use of the various departments and posts of the Army shall be purchased where the same can be purchased the cheapest, quality and cost of transportation considered. (1) [Par. 2.1 Army transportation: For transportation of the Army, including * the purchase and hire of draught and pack animals: * * Provided, That hereafter no part of this appropriation shall be expended in the purchase for the Army of draught animals until the number on hand shall be reduced to five thousand, and thereafter shall only be expended for the purchase of a number sufficient to keep the supply up to five thousand. * [September 22, 1888.] * NOTE.-(1) This provision is repeated in the following Army appropriation acts: 1889, Mar. 2, ch. 372, 25 Stat. L., 829; 1890, June 13, ch. 423, 26 Stat L., 152; 1891, Feb. 24, ch. 284, 26 Stat. L., 775. CHAP. 1028.-An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. Sept. 22, 1888. 25 Stat. L., 489. Board of Ordnance and Fortifi cation created. Permanent ap 1891, Feb. 24, ch. 283, post, p. 896. Be it enacted, &c., That the appropriations hereinafter provided for shall be available until expended and shall be expended under the direct supervision of a board to consist of the commanding General of the Army, an officer of Engineers, an officer of Ordnance, propriations. and an officer of Artillery, to be selected by the Secretary of War, to be called and known as the Board of Ordnance and Fortification; and said Board shall be under the direction of the Secretary of War and subject to his supervision and control in all respects, and shall 1884, July 5, ch. have power to provide suitable regulations for the inspection of guns 235, ante. p. 468. and materials at all stages of manufacture to the extent necessary 1891, Feb. 24, ch. to protect fully the interests of the United States, and generally to 283, par. 1, post, provide such regulations concerning matters within said Board's P. 896. operations as shall be necessary to carry out to the best advantage all duties committed to its charge: Provided, That subject to the foregoing provisions the expenditure shall be made by the several how made. Bureaus of the War Department having jurisdiction of the same under existing law (1). * * SECS. 2-5. [Make appropriations.] Expenditures, Investigations *(1) The Board is authorized to make all needful and proper purchases, investigations, experiments, and tests, to ascertain by the board. with a view to their utilization by the Government, the most effective guns, including multicharge guns and the conversion of Parrott and other guns on hand, small arms, cartridges, projectiles, fuzes, explosives, torpedoes, armor-plates, and other implements and engines of war; and the Secretary of War is hereby authorized to purchase or cause to be manufactured, such guns, carriages, armorplates, and other war materials and articles as may, in the judgment of said Board, be necessary in the proper discharge of the duty herein devolved upon them: Limit of ex Provided, That the amount expended and liabilities incurred in such purchases, investigations, experiments, and tests shall not ex- penses. ceed five hundred thousand dollars which sum is hereby appropri- ch. 130, par. 11, ated: (1) * * That under the provisions of this section there shall not be expended or contract or contracts entered into involving the Government in an aggregate expenditure exceeding six million five hundred thousand dollars, nor an expenditure on the part of the Government in any one fiscal year in excess of two million dollars, NOTE. (1) The parts of the act not inserted make appropriation or are temporary. 1875, March 3, ante, p. 74. Maximum expenditure. And all guns and materials purchased under authority of this section and materials to shall be of American production and furnished by citizens of the be purchased. United States. * * American guns Per diem to members of board For payment of the necessary expenses of the Board including a away from sta- per diem allowance to each member thereof when employed on duty away from his permanent station, of two and one-half dollars a day, five thousand dollars, or so much thereof as may be necessary. [September 22, 1888.] tion. Sept. 26, 1888. 25 Stat. L., 491. Detail of officers of Army and Navy to educational institutions. Substitute for R. S., § 1225, as amended by 1884, July 5, ch. 217 (23 Stat. L., 108). Limit of number. How appor U. S. CHAP. 1037.—An act to amend section twelve hundred and twenty-five of the Revised Statutes, concerning details of officers of the Army and Navy to educational institutions, and so forth. Be it enacted, &c., That section twelve hundred and twenty-five of the Revised Statutes of the United States, as amended by an act of Congress approved July fifth, eighteen hundred and eighty-four, be, and the same is hereby, further amended, so as to read as follows: "SEC. 1225. The President may, upon the application of any established military institute, seminary or academy, college or university, within the United States having capacity to educate at the same time not less than one hundred and fifty male students, detail an officer of the Army or Navy to act as superintendent, or professor thereof; But the number of officers so detailed shall not exceed (1) fifty from the Army, and ten from the Navy, being a maximum of sixty, at any time, And they shall be apportioned throughout the United States, tioned through first, to those State institutions applying for such detail that are re1862, July 2, ch. quired to provide instruction in military tactics under the provisions 130 (12 Stat. L., of the act of Congress of July second, eighteen hundred and sixty503). two, donating lands for the establishment of colleges where the leading object shall be the practical instruction of the industrial classes in agriculture and the mechanic arts, including military tactics; and after that, said details to be distributed, as nearly as may be practicable, according to population. Secretary of War may issue ordnance stores to such institutions. in scientific The Secretary of Waris authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, such number of the same as may appear to be required for military instruction and practice by the students of any college or university under the provisions of this section, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof, and for the return of the same when required": Detail of engi- Provided, That nothing in this act shall be so construed as to preneer officers of vent the detail of officers of the Engineer Corps of the Navy as proNavy as professors fessors in scientific schools or colleges as now provided by act of Congress approved February twenty-sixth, eighteen hundred and seventy-nine, entitled "An act to promote a knowledge of steamengineering and iron-ship building among the students of scientific schools or colleges in the United States; schools. 1879, Feb. 26.ch. 105, ante, p. 221. Colleges, &c., to "And the Secretary of War is hereby authorized to issue ordnance which retired offiters of Army are and ordnance stores belonging to the Government on the terms and assigned to have conditions herein before provided to any college or university at issues of ordnance which a retired officer of the Army may be assigned as provided by section twelve hundred and sixty of the Revised Statutes. stores. R. S., § 1260. R. S., § 1225, as amended by 1884, July 5, ch. 217 (23 Stat. L., 108). SEC. 2. That the said section twelve hundred and twenty-five of the Revised Statutes of the United States, as amended by the said act of Congress approved July fifth, eighteen hundred and eightyfour, and all acts and parts of acts inconsistent or in conflict with the provisions of this act, be, and the same are hereby repealed, saving always, however, all acts and things done under the said amended section as heretofore existing. [September 26, 1888.] NOTE. (1) Increased to seventy-five by 1891, Jan. 13, ch. 70, post, p. 887. CHAP. 1039.-An act amendatory of "An act relating to postal crimes and amendatory of the statutes therein mentioned," approved June eighteenth, eighteen hundred and eighty-eight, and for other purposes. Sept. 26, 1888. 25 Stat. L., 496. Postal crimes. Substitute for 1888, June 18, ch.394, § 2 in part, ante, p. 593, and 25 Stat. L., 188. Matter unmailable with inde Be it enacted, &c., That the last clause of the second section of "An act relating to postal crimes, and amendatory of the statutes. therein mentioned," approved June eighteenth, eighteen hundred and eighty-eight be, and the same is hereby, so amended as to read as follows, and constitute the third section of said act: "SEC. 3. That all matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, or any postal-card upon cent, libelous, &c., which, any delineations, epithets, terms, or language of an indecent, delineations or lewd, lascivious, obscene, libelous, scurrilous, defamatory, or threat- language impressening character, or calculated by the terms or manner or style of ed or apparent on display and obviously intended to reflect injuriously upon the char- wrapper. acter or conduct of another may be written or printed, or otherwise impressed or apparent, are hereby declared non-mailable matter, and shall not be conveyed in the mails, nor delivered from any postoffice nor by any letter-carrier, and shall be withdrawn from the mails under such regulations as the Postmaster-General shall prescribe; culate. And any person who shall knowingly deposit, or cause to be de- Punishment for posited, for mailing or delivery, anything declared by this section mailing or taking to be non-mailable matter, and any person who shall knowingly from mails to cirtake the same or cause the same to be taken from the mails, for the purpose of circulating or disposing of, or of aiding in the circulation or disposition of the same, shall, for each and every offense, upon conviction thereof, be fined not more than five thousand dollars, or imprisoned at hard labor not more than five years, or both, at the discretion of the court." able. Stat. L., 90). 19 Opins. 667. SEC. 2. That section thirty-eight hundred and ninety-three of the Obscene, &i., Revised Statutes, as amended by the act of July twelfth, eighteen matter non-mailhundred and seventy-six, is hereby so amended as to read as follows: Substitute for "SEC. 3893. Every obscene, lewd, or lascivious book, pamphlet, R. S., § 3893, as picture, paper, letter, writing, print, or other publication of an in- amended by 1876, decent character, and every article or thing designed or intended for July 12, ch. 186 (19 the prevention of conception or procuring of abortion, and every article or thing intended or adapted for any indecent or immoral use, and every written or printed card, letter, circular, book, pamphlet, advertisement or notice of any kind giving information, directly or indirectly, where or how, or of whom, or by what means any of the hereinbefore mentioned matters, articles, or things may be obtained or made, whether sealed as first-class matter or not, are hereby declared to be non-mailable matter, and shall not be conveyed in the mails nor delivered from any post-office nor by any letter-carrier; And any person who shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section mailing or taking to be non-mailable matter, and any person who shall knowingly take from mails to cirthe same, or cause the same to be taken, from the mails for the purpose of circulating or disposing of, or of aiding in the circulation or disposition of the same, shall, for each and every offense, be fined upon conviction thereof not more than five thousand dollars, or imprisoned at hard labor not more than five years, or both, at the discretion of the court. And all offenses committed under the section of which this is amendatory, prior to the approval of this act, may be prosecuted and punished under the same in the same manner and with the same effect as if this act had not been passed: Provided, That nothing in this act shall authorize any person to open any letter or sealed matter of the first-class not addressed to himself." [September 26, 1888.] Punishment for culate. First-class mat ter not to be opened except by person addressed. October 1, 1888. 25 Stat. L., 498. CHAP. 1056.-An act to amend an act to detach the county of Audrain, in the State of Missouri, from the eastern and attach it to the western judicial district of said State. Missouri judi- Be it enacted, &c., That an act entitled "An act to detach the cial districts. county of Audrain, in the State of Missouri, from the eastern and Substitute for attach it to the western judicial district of Missouri," approved May 1888, May 21, ch. 298 (25 Stat. L., twenty-first, eighteen hundred and eighty-eight, be so amended as to read as follows: 153). Audrain county "That the county of Audrain, in the State of Missouri, be deattached to cen- tached from the northern division of the eastern judicial district of tral division, Missouri and attached to the central division of the western judicial western judicial district. district of the State of Missouri." 1887, Feb. 28,ch. SEC. 2. [Relates to pending cases and past offenses.] [October 1, 271, SS 1, 2, and notes,ante, pp.543, 1888.] 544. October 1, 1888. CHAP. 1060.-An act providing for the establishment of an additional life-saving station on on Nantucket Island, Massachusetts. 25 Stat. L., 500. Nantucket island life station. R. S., SS 42424249. 1878, June 18, ch. 265, and note, ante, p. 190. October 1, 1888. 25 Stat. L., 501. Boards of arbi differences be Be it enacted, &c., That the Secretary of the Treasury is hereby authorized to establish an additional life-saving station at such point on Nantucket Island, Massachusetts, as the General Superintendent of the Life-Saving Service may recommend. [October 1, 1888.] CHAP. 1063.-An act to create boards of arbitration or commission for settling controversies and differences between railroad corporations and other common carriers engaged in interstate and Territorial transportation of property or passengers and their employees. Be it enacted, &c., That whenever differences or controversies tration to adjust arise between railroad or other transportation companies engaged in tween railroads, the transportation of property or passengers between two or more or other transpor- States of the United States, between a Territory and State, within tation companies the Territories of the United States, or within the District of Columand their em- bia, and the employees of said railroad companies, which differences ployees. 1887, Feb. 4, ch. or controversies may hinder, impede, obstruct, interrupt, or affect 104, ante, p. 529. such transportation of property or passengers, if, upon the written 1888, June 13, proposition of either party to the controversy to submit their differch. 389, S7, and ences to arbitration, the other party shall accept the proposition, note (1), ante, pp. then and in such event the railroad company is hereby authorized to select and appoint one person, and such employee or employees, as the case may be, to select and appoint another person, and the two persons thus selected and appointed to select a third person, all three of whom shall be citizens of the United States and wholly impartial and disinterested in respect to such differences or controversies; and the three persons thus selected and appointed shall be, and they are hereby, created and constituted a board of arbitration, with the duties, powers, and privileges hereinafter set forth. 590, 591. - may administer oaths, summon witnesses, &c. Privileges of witnesses. Clerk and stenographer. SEC. 2. That the board of arbitration provided for in the first section of this act shall possess all the powers and authority in respect to administering oaths, subpoenaing witnesses and compelling their attendance, preserving order during the sittings of the board, and requiring the production of papers and writings relating alone to the subject under investigation now possessed and belonging to United States commissioners appointed by the circuit court of the United States; But in no case shall any witness be compelled to disclose the secrets or produce the records or proceedings of any labor organization of which he may be an officer or member; And said board of arbitration may appoint a clerk and employ a stenographer, and prescribe all reasonable rules and regulations, not inconsistent with the provisions of this act, looking to the speedy advancement of the differences and controversies submitted to them to a conclusion and determination. Oath of arbitra Each of said arbitrators shall take an oath to honestly, fairly, and faithfully perform his duties, and that he is not personally inter- tors. ested in the subject-matter in controversy, which oath may be administered by any State or Territorial officer authorized to administer oaths. President of The third person so selected and appointed as aforesaid shall be the president of said board; and any order, finding, conclusion, or board, award of award made by a majority of such arbitrators shall be of the same majority. force and effect as if all three of such arbitrators concurred therein or united in making the same. SEC. 3. That it shall be the duty of said board of arbitration, immediately upon their selection, to organize at the nearest practicable point to the place of the origin of the difficulty or controversy, and to hear and determine the matters of difference which may be submitted to them in writing by all the parties, giving them full opportunity to be heard on oath, in person and by witnesses, and also granting them the right to be represented by counsel; Organization. Commissioner of And after concluding its investigation said board shall publicly Decisions to be announce its decision, which, with the findings of fact upon which publicly announcit is based, shall be reduced to writing and signed by the arbitrators ed and filed with concurring therein, and, together with the testimony taken in the Labor. case, shall be filed with the Commissioner of Labor of the United 1888,June 13,ch. States, who shall make such decision public as soon as the same 389, ante, p. 590. shall have been received by him. SEC. 4. That it shall be the right of any employees engaged in the Selections of ar controversy to appoint, by designation in writing, one or more per- bitrator by emsons to act for them in the selection of an arbitrator to represent ployees. them upon the board of arbitration. SEC. 5. That each member of said tribunal of arbitration shall Compensation receive a compensation of ten dollars a day for the time actually of board. employed. That the clerk appointed by said tribunal of arbitration shall receive the same fees and compensation as clerks of United States circuit courts and district courts receive for like services. That the stenographer shall receive as full compensation for his services ten cents for each folio of an hundred words of testimony taken and reduced to writing before said arbitrators. That United States marshals or other persons serving the process of said tribunal of arbitration shall receive the same fees and compensation for such services as they would receive for like services upon process issued by United States commissioners. That witnesses attending before said tribunal of arbitration shall receive the same fees as witnesses attending before United States commissioners. That all of said fees and compensation shall be payable by the United States in like manner as fees and compensation are payable in criminal causes under existing laws: Clerk. R. S., § 828. Stenographer. Marshals. Witnesses' fees. Fees, how paya ble. R. S., 846, 855, 856. Provided, That the said tribunal of arbitration shall have power to limit the number of witnesses in each case where fees shall be ber of witnesses. paid by the United States. R. S., § 846. And provided further, That the fees and compensation of the Fee accounts, arbitrators, clerks, stenographers, marshals, and others for service examination and of process, and witnesses under this act shall be examined and certi- to provisions of payment subject fied by the United States district judge of the district in which the arbitration is held before they are presented to the accounting officers of the Treasury Department for settlement, and shall then be subject to the provisions of section eight hundred and forty-six of the Revised Statutes of the United States; and a sufficient sum of money to pay all expenses under this act and to carry the same into |