ALASKA.

SEC. 29. An act entitled "An act to define and punish crimes in the district of Alaska, and to provide a code of criminal procedure for the district," approved March third, eighteen hundred and ninety-nine, be, and is, amended, by adding to section three hundred and sixty-three thereof the following: "Provided, [That] section fifteen of an act entitled 'An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes,' approved June eighteenth, eighteen hundred and seventy-eight, shall not be construed to apply to the district of Alaska." Act of June 6, 1900 (31 Stat. L., 330). Section 15 of the act of June 18, 1878 (20 Stat. L., 152), above referred to, reads as follows:

"From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section."

489. Officers of the Army will not permit troops under their command to be used to aid the civil authorities as a posse. comitatus, or in execution of the laws, except as provided in the foregoing paragraph.

490. If time will admit, applications for the use of troops for such purposes inust be forwarded, with statements of all material facts, for the consideration and action of the President; but in case of sudden and unexpected invasion, insurrection, or riot, endangering the public property of the United States, or in case of attempted or threatened robbery or interruption of the United States mails, or other equivalent emergency so imminent as to render it dangerous to await instructions requested through the speediest means of communication, an officer of the Army may take such action before the receipt of instructions as the circumstances of the case and the law under which he is acting may justify, and will promptly report his action and the circumstances requiring it to The Adjutant-General of the Army, by telegraph, if possible, for the information of the President.

491. In the enforcement of the laws troops are employed as a part of the military power of the United States and act under the orders of the President as Commander-in-Chief. They can not be directed to act under the orders of any civil officer. The commanding officers of troops so employed are directly responsible to their military superiors. Any unlawful or unauthorized act on their part would not be excusable on the ground of an order or request received by them from a marshal or any other civil officer.

492. Troops called into action against a mob forcibly resisting or obstructing the execution of the laws of the United States or attempting to destroy property belonging to or under the protection of the United States are governed by the general regulations of the Army and apply military tactics in respect to the manner in which they shall act to accomplish the desired end. It is purely a tactical question in what manner they shall use the weapons with which they are armed-whether by fire of musketry and artillery or by the use of the bayonet and saber, or by both, and at what stage of the operations each or either mode of attack shall be employed. This tactical question will be decided by the immediate commander of the troops, according to his judgment of the situation. The fire of troops should be withheld until timely warning has been given to the innocent who may be mingled with the mob. Troops must never fire into a crowd unless ordered by their commanding officer, except that single selected sharpshooters may shoot down individual rioters who have fired upon

or thrown missiles at the troops. As a general rule the bayonet alone should be used against mixed crowds in the first stages of a revolt. But as soon as sufficient warning has been given to enable the innocent to separate themselves from the guilty, the action of the troops should be governed solely by the tactical considerations involved in the duty they are ordered to perform. They should make their blows so effective as to promptly suppress all resistance to lawful authority, and should stop the destruction of life the moment lawless resistance has ceased. Punishment belongs, not to the troops, but to the courts of justice.

ARTICLE XLIX.

CEMETERIES.

NATIONAL CEMETERIES.

493. National cemeteries, and the records pertaining thereto, are under the charge of the Quartermaster-General. All correspondence between his office and the officers of his department in charge thereof, and the civil engineers and agents especially employed in connection therewith will be direct, and the monthly reports of superintendents will be forwarded direct to him.

BATTLE-GROUND CEMETERIES.

494. In order to secure, as far as possible, the decent interment of those who fall in battle and to establish beyond doubt their identity should it become desirable subsequently to disinter the remains for removal to a national or post cemetery, or for shipment home, it is the duty of commanding generals to set apart a suitable spot near every battlefield, and to cause the remains of the killed to be interred therein and, when practicable, to cause to be placed in the coffin or grave a glass bottle, corked and sealed, containing a slip of paper on which shall be written the name of the decedent, giving the cause and date of death and burial, and in the case of an officer or enlisted man, his rank, company, regiment, or corps, and bearing the signature of the surgeon or officer in charge of the interment. It is the duty of the commanding officer to cause to be made a sketch as accurate as the means at hand will permit of the burying places of those falling in battle.

495. Where conditions make it possible, the company commander will be held responsible that every grave of the men of his company who die or are killed on the field is carefully marked with a headboard, or with such other marker as may be authorized for use on the field or in the insular possessions, giving the name, rank, and organization of the decedent. He will report, through the proper military channels, the date and cause of death, which reports will include a sketch showing the location of the grave, and how marked, in such manner as will enable the same to be readily found by a disinterring corps. When a soldier or civilian employee dies in hospital, the surgeon in charge will be held responsible for similar action and report.

POST CEMETERIES.

496. The commanding officer of every post situated on public lands of the United States will see that a suitable portion of such land is, when practicable, set apart and properly maintained for the burial of deceased officers and soldiers and their families, and of Government employees.

497. Post cemeteries will be suitably inclosed with a wall or fence of the best material available, and will be maintained by the labor of the garrison.

Materials for the construction and repair of fences and headboards will be furnished by the Quartermaster's Department.

498. At each grave will be placed a headboard, plainly marked with a num ber and with the name, company, regiment, and date of death of the decedent, the number to correspond to the number in the record of interments. Headboards will be of well-seasoned wood, painted with three coats of white paint, 4 feet long, 10 inches wide, 13 inches thick, and stand 2 feet out of the ground; the inscriptions in black letters 1 inch long.

499. Walks will be 4 feet wide, neatly rounded, and properly drained and graveled when the material is at hand. When practicable, good grass sod should cover the rest of the ground, including the graves, and native trees and shrubs will be preserved or planted for ornament and shade.

500. A record of interments will be kept by the quartermaster, which will be turned over by him, when relieved, to his successor, or transmitted to the Quartermaster-General if the post be discontinued.

501. A report containing the names of persons buried during the calendar year, giving in each case number and locality of grave, date of death and burial, and in case of an officer or enlisted man, his rank, company, and regiment or corps, will be forwarded to the Quartermaster-General.

ARTICLE L.

ADVERTISING AND PRINTING.

NEWSPAPER ADVERTISING.

No advertisement, notice, or proposal for any Executive Department of the Government, or for any bureau thereof, or for any office therewith connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such Department; and no bill for any such advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority.-Sec. 3828, Revised Statutes.

502. No official advertisement will be published in any newspaper except under special or general written authority of the Secretary of War. Special authority authorizes the publication of a given advertisement a specified number of times in a designated newspaper or newspapers. General authority is granted only to disbursing officers engaged in making frequent purchases and contracts, and authorizes the publication, during a fiscal year, in designated newspapers, of such advertisements for proposals as their duties may require. Such authority will be granted to the office, not to the officer. In making application for authority to advertise, officers will specify the newspapers in which it is deemed advantageous to advertise. Due economy as to the number of newspapers in which an advertisement is to appear will be observed by officers having general authority to advertise, no greater number being used in any case than may be necessary to give proper and sufficient public notice.

503. Requests for authority to advertise will be made upon the prescribed blank forms, except that in case of great emergency, the nature of which will be stated, authority to advertise may be requested by telegraph.

504. When necessary to readvertise, owing to rejection of proposals received in accordance with a special authority to advertise, the approval of the Secretary of War must be obtained, as in the first instance; the approval of the original authority to advertise does not confer authority to readvertise.

505. Ordinarily advertisements will be given six insertions in daily, or four in weekly, papers. When more than ten days are to intervene between the date of the first publication and the date of opening, those in daily newspapers

inviting proposals will at once be given four consecutive insertions, and immediately before the date of opening two consecutive insertions. In case of emergency, advertisements may be given one or more insertions, as time and circumstances permit.

506. Advertisements in newspapers announcing sales of property or inviting proposals for furnishing labor or supplies will, as a rule, allow thirty days to intervene between date of first publication and date of sale or opening of bids. If necessity require, a shorter period may be allowed, but no period of less than ten days will be designated except in case of emergency. The officer who is accountable for property which is to be advertised for sale, or who is authorized to invite proposals for furnishing labor or supplies, is the one upon whom devolves the duty of determining whether an emergency exists warranting the designation of a period less than ten days for the publication of the advertisement. No officer will authorize the publication of an advertisement beyond the morning of the day on which the sale or opening of bids is to occur, and no payments will be made for continuing such publication beyond the period authorized.

507. Officers will observe conciseness in wording advertisements, and the matter, including the heading and the name and title of the signing officer, must be set up close in one paragraph, without dash or blank lines, leading or display, and in type no larger than that ordinarily used in advertisements. At offices and depots where proposals are frequently invited it is not necessary to publish in each case the conditions usually imposed upon bidders and contractors; a statement that they will be furnished on application will suffice. The following is a sample of advertisement set up in accordance with these requirements:

PROPOSALS FOR FIRE HOSE.-Office of Building for State, War, and Navy Departments, Washington, D. C., Nov. 5, 1887.-Sealed proposals for furnishing and delivering unlined Linen Hose, Coupling, and Pipes, for west and center wings of building for State, War, and Navy Departments, in this city, will be received here until 12 m., Nov. 7, 1887, and then opened. Information furnished on application. Envelopes containing proposals should be indorsed "Proposals for Fire Hose," and addressed THOS. LINCOLN CASEY, Col., Engrs.

Advertisements for quartermaster's supplies will conform to the requirements of section 3716, Revised Statutes.

508. Newspapers officially designated for publishing War Department advertisements are required to forward to the chief clerk sworn statements of the commercial rates charged by them to individuals, with their usual discounts, and of any changes made in the same. These statements will give the size of type used in the advertisements and show whether the charges are made by the inch, line, square, or folio, the rate for the first and subsequent insertions, and if by the square or folio, the number of lines or words constituting a square or folio. Fractional parts of an inch, square, or folio will be paid for at proportionate rates.

509. Vouchers covering bills for advertising in newspapers must, prior to payment, be submitted to the Secretary of War, except in the Philippines Division, where they will be submitted to the division commander, for his approval before payment. They will be prepared upon prescribed forms, and each will have attached a copy of the advertisement cut from the newspaper. No voucher will contain the account of more than one newspaper, nor for more than one advertisement. The date of first and subsequent insertions; number of lines, squares, or folios; number of insertions charged and ordered, and the amount charged will be entered in the proper columns. The column headed "Amount 28327-08-7

allowed will be left blank. The third fold of the voucher will be filled in with an extract copy of the authority from the Secretary of War to advertise, stating its number. The letter addressed to the publisher of the newspaper directing the publication of the advertisement must be attached to the voucher; the publisher to state his bill thereon. The accounts thus prepared will be forwarded by the certifying officer directly to the chief clerk of the War Department, except in the Philippines Division, where they will be forwarded to the division adjutantgeneral for the consideration of the division commander, as soon as practicable after their receipt from the publisher or proprietor of the newspaper in which the advertisement was published, with an indorsement describing the inclosures, preferably on letter of authority, or if the letter of authority is not in the hands of the officer, then by a letter of transmittal.

510. Accounts presented to officers for advertisements which they did not order, but which are shown to have been ordered by the Secretary of War to be published in the newspaper presenting the accounts for payment, will be prepared upon the official forms and transmitted to the chief clerk of the War Department in the same manner as other accounts for advertising. The following form of certificate will be used in such cases:

I certify that the annexed advertisement was cut from the newspaper named in the above account, and that it was inserted in that newspaper for the period stated.

Claims of publishers of official newspapers for advertisements copied from other papers without authority from the Secretary of War will not be paid.

511. In the event of an officer's death or removal, the outstanding bills for advertisements pertaining to his office will be prepared, certified, and forwarded by his successor, who is authorized to vary the form to correspond to the facts. Officers changing stations will leave with their successors complete records relative to unsettled accounts for advertising.

512. The heads of bureaus of the War Department will furnish officers charged with the publication of advertisements the necessary blanks for compliance with these regulations.

JOB PRINTING.

513. The printing required at the several division and department headquarters will be executed under contract, thirty days' notice, when practicable, being given of the opening of proposals. Bids will be invited and contracts made in accordance with the form of proposal and circular of instructions furnished by the Quartermaster's Department. The period of the contract will not extend beyond the end of the fiscal year in which made, and the contract will be submitted to the Secretary of War.

514. Vouchers covering bills for printing for division and department headquarters will, prior to payment, be submitted to the Secretary of War, except for printing done in the Philippine Islands or in foreign countries near thereto, where they will be subject to the approval of the commanding general of the division, or of the department in case there be no division. They will be made out on prescribed forms, the printing to be so described as to enable computations to be readily reviewed according to the customary methods in use among book and job printers. A sample of the printing will accompany each bill, and on vouchers for work classed as "special" in the circular of instructions, the number of copies and rate per hundred will be stated, and on vouchers for other jobs the date of printing, number of copies, name and amount of type (number of thousand ems), number of tokens of press work, and rates per thousand ems and per token will be stated. The voucher will show grade and quantity of paper furnished by the printer and price charged. The vouchers thus prepared,