-hearing. Penalty for failing to contribute. Defense to order at any time hear and determine any petition for an order for contribution toward maintenance of any child who has heretofore been or who may hereafter be committed to the guardianship of the Board of Children's Guardians, or for modifying or suspending the operation of any such order previously made. SEC. 6. That any person against whom an order for contribution toward maintenance may have been made, as provided for in this Act, who shall refuse or neglect to make such payments as ordered, shall be deemed guilty of contempt, and upon conviction thereof shall be sentenced to suffer imprisonment in the workhouse of the District of Columbia for not less than three months nor more than one year; and such imprisonment shall not exempt such person from additional imprisonment for further neglect or refusal to make contribution as aforesaid: Provided, however, That if, after such conviction, any such parent shall appear before the court before which such conviction shall have taken place and shall show to the satisfaction of the court that the amount due under such order, up to the time of conviction, has been paid, and further, with good and sufficient surety, to be approved by Bond to be given said court, shall enter into bond to the United States in the penal sum for future main- of five hundred dollars, conditioned that he will thereafter pay such sums as may have been ordered or that may thereafter be ordered to be paid by said court until such order shall be revoked, the said court may suspend sentence therein during the continuance of such bond. tenance. Disbursing officer of board. -duty. Repeal. March 3, 1901. SEC. 7. That the disbursing officer of the Board of Children's Guardians shall receive and shall be responsible under his bond for all moneys paid to said board under the provisions of this Act, and shall pay the amounts so received by him into the Treasury of the United States within twenty days after the close of each fiscal quarter. SEC. 8. That all Acts and portions of Acts inconsistent with the provisions mentioned above are hereby repealed, and the terms of the provisions in the above sections shall become law on and after the date of approval. [March 3, 1901.] CHAP. 850.—An Act For the reward of enlisted men of the Navy or Marine Corps. (1) 31 Stat. L., 1099. Be it enacted, &c., That any enlisted man of the Navy or Marine Navy or Marine Corps who shall have distinguished himself in battle or displayed Corps. Medal, etc., au- extraordinary heroism in the line of his profession shall, upon the thorized to enlist- recommendation of his commanding officer, approved by the flaged men for hero- officer and the Secretary of the Navy, receive a gratuity and medal of ism, etc. honor as provided for seamen in section fourteen hundred and seven of the Revised Statutes. [March 3, 1901.] R. S., § 1407. March 3, 1901. 31 Stat. L., 1099. Post-offices. Rent, class. NOTE.—(1) R. S., § 1407, of which this is an amendment, provides a reward for “seamen," which has been construed to exclude “enlisted men of the Navy and Marine Corps," and the purpose of this act is merely to effectuate the legislative intent. See H. R. Report 2980, second session, Fifty-sixth Congress. CHAP. 851.-An Act Making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and two. * Be it enacted, &c., * [Par. 1.] (1) That there shall not be allowed third- for the use of any third-class post-office for rent a sum in excess of four hundred dollars, nor more than sixty dollars for fuel and light in any one year: Leases, first, classes. And provided further, That the Postmaster-General may, in the dissecond, and third bursement of this appropriation, apply a part thereof to the purpose of leasing premises for the use of post-offices of the first, second, and third classes at a reasonable annual rental, to be paid quarterly, for a term not exceeding ten years. NOTE. (1) This paragraph is a repetition from previous appropriation acts. See note (1) to 1899, March 1, ch. 327, par. 1 (2 Supp. R. S., 957), and 1900, June 2, ch. 613 (31 Stat. L., 256). For necessary miscellaneous and incidental items directly connected with first and second class post-offices, including furniture, cleaning, and all other matters not specifically provided for in other appropriations, two hundred and fifty thousand dollars: Miscellaneous at first and second Provided, That the Postmaster-General, in his discretion, under such regulations as he shall prescribe, may authorize any of the postmasters expenditures of said offices to expend the funds he may allow them for such pur- class offices withposes without the written consent of the Postmaster-General. * * out written approval. [Par. 2.] (2) Railway Mail Service: * That the Postmaster- Railway General may allow railway postal clerks whose duties require them to Service. Vacation work six days or more per week, fifty-two weeks per year, an annual vacation of fifteen days, with pay. * * * allowed clerks. Per diem to as tendents. Foreign steam [Par. 3.] (3) That assistant superintendents may receive a per diem allowance in lieu of actual and necessary traveling expenses at the rate sistant superinof four dollars per day while actually traveling on business of the Department away from their several designated headquarters. [Par. 4.] (4) That hereafter the Postmaster-General shall be authorized to expend such sums as may be necessary, not exceeding fifty-five ship service, exthousand dollars, to cover one-half of the cost of transportation, compen- ized. penditures authorsation, and expense of clerks to be employed in assorting and pouching mails in transit on steamships between the United States and other postal administrations in the International Postal Union, and not exceeding forty thousand dollars for transferring the foreign-transfer of formail from incoming steamships in New York Bay to the several steam- eign mails. ship and railway piers, and between the steamship piers in New York City and Jersey City and the post-office and railroad stations, and for transferring the foreign mail from incoming steamships in San Francisco Bay to the piers. * * [Par. 5.] (5) That the Postmaster-General may, in his discretion, allow post-office inspectors per diem while temporarily located at any place on duty away from home, or their designated domicile, for a period not exceeding twenty consecutive days at any one place, and may make rules and regulations governing the foregoing provisions relating to per diem: * * [Par. 6.] (6) When any publication has been accorded second-class mail privileges, the same shall not be suspended or annulled until hearing shall have been granted to the parties interested. a Per diem to inspectors. Second-class nulled only after mail privileges an SEC. 2. (7) That the appropriations herein made for the officers, clerks, and persons employed in the postal service shall not be avail- unavailable for inable for the compensation of any persons permanently incapacitated capacitated for performing such service. The establishment of a civil pension roll ployees. or an honorable service roll, or the exemption of any of the officers, clerks, and persons in the postal service from the existing laws respecting employment in such service, is hereby prohibited. 1901.] NOTES. (2) This provision is repeated from 1899, March 1, ch. 327, par. 2 (2 Supp. R. S., 957); see note (2) thereto. See also 1900, June 2, ch. 613 (31 Stat. L., 259). (3) This paragraph is also contained in the appropriation act of the previous year, 1900, June 2, ch. 613 (31 Stat. L., 259). See the substitute for R. S., § 4020, enacted by 1897, March 3, ch. 385, par. 5 (2 Supp. R. S., 598), providing for the superintendents of the Railway Mail Service, (4) Similar provisions occur in prior appropriation acts. See 1899, March 1, ch. 327, par. 4, and note (4) thereto (2 Supp. R. S., 957), and 1900, June 2, ch. 613 (31 Stat. L., 260). (5) The same provision occurs in prior appropriation acts. See 1899, March 1, ch. 327, par. 6, and note (6) thereto (2 Supp. R. S., 958), and 1900, June 2, ch. 613 (31 Stat. L., 261). (6) Second-class matter is defined by 1879, March 3, ch. 180, §§ 10-16 (1 Supp. R. S., 246); see note (3) thereto. An amendment is made by 1894, July 16, ch. 137, par. 2 (2 Supp. R. S., 196). (7) This section is a repetition of 1899, March 1, ch. 327, § 2 (2 Supp. R. S., 958), and 1900, June 2, ch. 613, § 2 (31 Stat. L., 261). A similar provision is made as to all the Departments by 1899, February 24, ch. 187, § 4 (2 Supp. R. S., 946). March 3, 1901. 31 Stat. L., 1107. Navy. quarters. CHAP. 852.—An Act Making appropriations for the naval service for the fiscal year ending * * Be it enacted, &c., [Par. 1.] Commutation of quarters for Commutation of officers on shore not occupying public quarters, including boatswains, gunners, carpenters, sailmakers, warrant machinists, pharmacists, and mates, who shall hereafter receive the same commutation for quarters as second lieutenants of the Marine Corps. "Shore duty be fined. * * [Par. 2.] (1) That officers of the Navy, and officers and enlisted men yond seas" de- of the Marine Corps, who have been detailed, or may hereafter be detailed, for shore duty in Alaska, the Philippine Islands, Guam, or elsewhere beyond the continental limits of the United States, shall be considered as having been detailed for "shore duty beyond seas,” and shall receive pay accordingly, with such additional pay as may be provided by law for service in island possessions of the United States. (2) That the advancement in rank of officers of the Navy and Marine for service Spanish Corps, whensoever made, for service rendered during the war with fere with regular Spain, pursuant, respectively, to the provisions of sections fifteen hundred and six and sixteen hundred and five of the Revised Statutes, shall not interfere with the regular promotion of officers otherwise entitled to promotion, Advancement war not to inter promotions. Officers ad bers of grade. but officers so advanced, by reason of war service, shall, after they vanced to be ad- are promoted to higher grades, be carried thereafter as additional to ditional to num- the numbers of each grade to which they may at any time be promoted; and each such officer shall hereafter be promoted in due course, contemporaneously with and to take rank next after the officer immediately above him; -how to be pro moted. Naval Observatory. and all advancements made by reason of war service shall be appropriately so designated upon the official Navy list: Provided, however, That no promotion shall be made to fill a vacancy occasioned by the promotion, retirement, death, resignation, or dismissal of any officer who, at the time of such promotion, retirement, death, resignation, or dismissal, is an additional member of his grade under the foregoing provisions. * * [Par. 3.] (3) That in cases where orders are given to officers of the Navy or Marine Corps for travel to be performed repeatedly between two or more places in such vicinity as in the discretion of the Secretary of the Navy is appropriate, he may direct that actual and necessary expenses only be allowed. [Par. 4.] There shall be appointed by the President, by and with Board of the advice and consent of the Senate, from persons not officers of the vistors authorized. United States a board of six visitors to the Naval Observatory, four to be astronomers of high professional standing and two to be eminent citizens of the United States. Appointments to this board shall be made for periods of three years, but provision shall be made by initial appointments for shorter terms so that two members shall retire in each year. Members of this board shall serve without compensation, but the Secretary of the Navy shall pay the actual expenses necessarily incurred NOTES.(1) See 1899, March 3, ch. 413, § 13 (2 Supp. R. S., 972), the second proviso of which allows to naval officers detailed for shore duty beyond seas the same pay and allowances as provided for officers of the Army detailed for duty in similar places. By the army appropriation act of 1901, March 2, ch. 803, par. 5, ante, p. 1507, the pay proper of all officers and enlisted men serving beyond the limits of the States comprising the Union and the Territories contiguous thereto is increased 10 per cent for officers and 20 per cent for enlisted men over the rates fixed by law for time of peace. (2) See the sections here referred to, R. S., § 1506, for which a substitute is enacted by 1878, June 17, ch. 260 (1 Supp. R. S., 188), and R. S., § 1605. For the effect of a promotion under these sections upon the pay, see 19 C. Cls., 145. (3) For the present provisions of law relative to mileage in the Navy, see 1901, March 3, ch. 831, par. 5, and note (5) thereto, ante, p. 1533. by members of the board in the discharge of such duties as are assigned to them by the Secretary of the Navy or are otherwise imposed upon them. The board of visitors shall make an annual visitation to the Observatory at a date to be determined by the Secretary of the Navy, and may make such other visitations not exceeding two in number annually by the full board or by a duly appointed committee as may be deemed needful or expedient by a majority of the board. The board of visitors shall report to the Secretary of the Navy at least once in each year the result of its examinations of the Naval Observatory as respects the condition of buildings, instruments, and apparatus, and the efficiency with which its scientific work is prosecuted, and shall also report as respects the expenditures in the administration of the Observatory. Visitations. Report. The board of visitors shall prepare and submit to the Secretary of Regulations, etc. the Navy regulations prescribing the scope of the astronomical and other researches of the Observatory and the duties of its staff with reference thereto. When an appointment or detail is to be made to the office of astronomical director, director of the Nautical Almanac, astronomer, or assistant astronomer, the board of visitors may recommend to the Secretary of the Navy a suitable person to fill such office, but such recommendation shall be determined only by a majority vote of the members present at a regularly called meeting of the board held in the city of Washington. Appointments to The Superintendent of the Naval Observatory shall be, until further Superintendent regislation by Congress, a line officer of the Navy of a rank not below Naval Observathat of captain. * * tory. Ř. S., § 434. [Par. 5.] (4) Whenever, in view of the vacancies in the grade of Warrant officers ensign on July thirtieth of any year unfilled by graduates of the Naval eligible to grade of Academy, the Secretary of the Navy shall so recommend, the Presi- ensign. dent may appoint to that grade, as of July thirtieth, from among the boatswains, gunners, or warrant machinists, not exceeding six in any one calendar year. No person shall be so appointed who is over thirty-five years of age; who has served less than six years as a warrant officer; who is not recommended by a commanding officer under whom he has served; nor until he shall have passed such competitive examination as may be prescribed by the Navy Department. [Par. 6.] (5) and no law shall be construed to entitle marines on shore duty to any rations, or commutation therefor, other than such as now are or may hereafter be allowed to enlisted men in the Army: NOTES.(4) See R. S., § 1521, providing for the appointment of cadet midshipmen, now styled naval cadets, 1882, August 5, ch. 391, par. 12 (1Supp. R. S., 376); as midshipmen, now styled ensigns, 1883, March 3, ch. 97, par. 2 (1 Supp. R. S., 401). See also 1884, June 26, ch. 122, abolishing the grade of junior ensign; 1889, March 2, ch. 396, relative to appointments to the lowest grade of commissioned officers in the Navy; 1893, March 3, ch. 212, par. 1 (2 Supp. R. S., 130), regulating the time when pay is to begin under original appointment; 1894, July 26, ch. 165, par. 1 (2 Supp. R. S., 206), making further provision as to how the lowest grades are to be filled, and 1898, May 4, ch. 234, par. 1 (2 Supp. R. S., 749), providing for temporary appointments to the Navy from civil life. (5) That part of this paragraph preceding the word "Provided" has occurred in previous appropriation acts since 1893, as shown in note (3) to 1897, March 3, ch. 386, par. 3 (2 Supp. R. S., 599), and note (5) to 1899, March 3, ch. 421, par. 5 (2 Supp. R. S., 988), as also in 1900, June 7, ch. 859 (31 Stat. L., 705). By R. S., § 1516, enlisted men of the Marine Corps were allowed one navy ration. The proviso, however, constitutes new legislation. The army ration referred to in this paragraph is defined by R. S., §§ 1143, 1146, 1147, 1293, 1294; as to which also see 1890, June 16, ch. 426, § 5 (1 Supp. R. S., 758), and 1892, July 16, ch. 195, par. 2 (2 Supp. R. S., 37). As to the navy ration referred to in the proviso, see R. S., §§ 1577-1858; 1880, May 3, ch. 73 (1 Supp. R. S., 282); 1885, January 30, ch. 43, par. 1 (1 Supp. R. S., 473). As to commutation of rations in the Marine Corps, see 28 C. Cls., 133. Qualifications. Marine Corps. No ration to marines on shore. Navy ration for marines, when. Enlistments in Marine Corps. Classification of vessels. Provided, however, That when it is impracticable or the expense is found greater to supply marines serving on shore duty in the island possessions and on foreign stations with the army ration, such marines may be allowed the navy ration or commutation therefor. [Par. 7.] (6) That hereafter the enlistments into the Marine Corps shall be for a period of not less than four years. * * [Par. 8.] (7) That the President of the United States be, and he is hereby, authorized to establish, and from time to time to modify, as the needs of the service may require, a classification of vessels of the Navy, and to formulate appropriate rules governing assignments to comments to com- mand of vessels and squadrons. [March 3, 1901.] Rules for assign mand. March 3, 1901. NOTES. (6) By R. S., § 1608, enlistments into the Marine Corps were to be for not less than five years. The provision in the text makes the terms of enlistment in the Marine Corps the same as that now provided for the Navy by 1899, March 3, ch. 413, § 16 (2 Supp. R. S., 973). (7) The vessels of the Navy are classified by R. S., § 1529. See also the following sections. By 1898, May 4, ch. 234, par. 6 (2 Supp. R. S., 750), the nomenclature of first-class battleships, etc., is regulated. CHAP. 853. An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. * * 31 Stat. L, 1133. Coast Survey. Be it enacted, &c., [Par. 1.] And hereafter the Secretary of Supplies for field the Treasury is authorized to purchase, from the appropriation for the parties. United States Coast and Geodetic Survey, provisions, clothing, and small stores for the enlisted men, and food supplies for field parties working in remote localities, such provisions, clothing, small stores, and food supplies to be sold to the employees of said Survey and the appropriation reimbursed; Public buildings. Assistant custodiansand janitors; * * [Par. 2.] Pay of assistant custodians and janitors: For pay of assistant custodians and janitors, including all personal services in connection with the care of all public buildings under control of the Treasury no other fund to Department outside of the District of Columbia, one million and eightysix thousand two hundred dollars; and the Secretary of the Treasury shall so apportion this sum as to prevent a deficiency therein, be used. General inspector of supplies. and hereafter no other fund appropriated shall be used for this service. * 黃 General inspector of supplies for public buildings: For one general inspector, under the direction of the Secretary of the Treasury, to be appointed by the President, by and with the advice and consent of the Senate, three thousand dollars; and for actual necessary expenses, not exceeding two thousand dollars; in all, five thousand dollars. [Par. 3.] (1) That hereafter nothing in section four of the Act of laws, detail of offi- August fifth, eighteen hundred and eighty-two (Twenty-two Statutes, two hundred and fifty-five), shall be construed to prevent the detailing of one officer employed in the enforcement of the alien contract-labor laws for duty at the Treasury Department at Washington. Contract-labor cer for Washington. * * NOTE.-(1) The act here referred to, 1882, August 5, ch. 389, §'4 (1 Supp. R. S., 374), provides against the employment of officers, clerks, etc., in the departments at Washington beyond those for whom specific provision is made in the appropriation acts. See 24 C. Cls., 517. The alien contract labor laws here referred to are as follows: 1885, February 26, ch. 164 (1 Supp. R. S., 479), prohibiting the immigration of aliens under contract to perform labor. As to who are excluded in the act, see 143 U. S., 457, and 163 U. S., 258. 1887, February 23, ch. 220 (1 Supp. R. S., 541), charging the Secretary of the Treasury with the enforcement of the act of 1885. 1888, October 19, ch. 1210, par. 1 (1 Supp. R. S., 683), providing for the return of the immigrant to the country from whence he comes. 1891, March 3, ch. 551 (1 Supp. R. S., 934), defining the excluded classes and making further provisions. 1893, March 3, ch. 206 (2 Supp. R. S., 117), to facilitate the enforcement of the immigration and contract labor laws. 1894, August 18, ch. 301, par. 6 (2 Supp. R. S., 253), making the decision of the |