two thousand four hundred dollars; lieutenant, junior grade, two thousand dollars; ensign, one thousand seven hundred dollars. There shall be allowed and paid to each commissioned officer below the rank of rear-admiral ten per centum of his current yearly pay for each term of five years service in the Army, Navy and Marine Corps. The total amount of such increase for length of service shall in no case exceed forty per centum on the yearly pay of the grade as provided by law: Provided, That the annual pay of captain shall not exceed five thousand dollars per annum; of commander, four thousand five hundred dollars per annum; and of lieutenant-commander, four thousand dollars per annum. All officers on sea duty and all officers on shore duty beyond the continental limits of the United States shall while so serving receive ten per centum additional of their salaries and increase as above provided, and such increase shall commence from the date of reporting for duty on board ship or the date of sailing from the United States for shore duty beyond the seas or to join a ship in foreign waters. The pay of midshipmen shall hereafter be six hundred dollars per annum while at the Naval Academy, and one thousand four hundred dollars per annum after graduation from the Naval Academy. The pay of all warrant officers and mates is hereby increased twenty-five per centum, and all paymasters' clerks shall, while on duty, receive the same pay and allowances as warrant officers of like length of service in the Navy. The pay of all active and retired enlisted men of the Navy is hereby increased ten per centum: Provided further, That the pay and allowances of chiefs of bureaus in the Navy Department shall be the highest pay of the grade to which they belong, and not below that of rear-admiral of the lower nine, and that the pay and allowances of chaplains in the Navy shall in no case exceed that provided for lieutenant-commanders. Aids to rear-admirals embraced in the nine lower numbers of that grade shall each receive one hundred and fifty dollars additional per annum, and aids to all other rear-admirals, two hundred dollars additional per annum each. When an officer of the Navy has been thirty years in the service, he may, upon his own application, in the discretion of the President, be retired from active service and placed upon the retired list with threefourths of the highest pay of his grade: And provided further, That any officer of the Navy who is now serving or shall hereafter serve as chief of a bureau in the Navy Department, and shall subsequently be retired, shall be retired with the rank, pay and allowances authorized by law for the retirement of such bureau chief. The pay of all commissioned, warrant and appointed officers and enlisted men of the Navy now on the retired list shall be based on the pay, as herein provided for, of commissioned, warrant and appointed officers and enlisted men of corresponding rank and service on the active list; and all pay herein provided shall remain in force until changed by Act of Congress. Noth ing herein shall be construed so as to reduce the pay or allowances now authorized by law for any commissioned, warrant or appointed officer or any enlisted man of the active or retired lists of the Navy, and all laws inconsistent with this provision are hereby repealed.

That hereafter immediately upon official notification of the death from wounds or disease contracted in line of duty of any officer or enlisted man on the active list of the Navy and Marine Corps the Paymaster-General of the Navy shall cause to be paid to the widow of such officer or enlisted man, or any person previously designated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death, less seventyfive dollars in the case of an officer and thirty-five dollars in the case of an enlisted man, to defray expenses of interment, and the residue, if any, of the amount reserved shall be paid subsequently to the designated person. The Secre

tary of the Navy shall establish regulations requiring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of death, and said amount shall be paid to that person from funds appropriated for the pay of the Navy and Marine Corps. [35 Stat. L. 127.]

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[Nurse corps, female.] The nurse corps (female) of the United States Navy is hereby established, and shall consist of one superintendent, to be appointed by the Secretary of the Navy, who shall be a graduate of a hospital training school having a course of instruction of not less than two years, whose term of office may be terminated at his discretion, and of as many chief nurses, nurses, and reserve nurses as may be needed: Provided, That all nurses in the nurse corps shall be appointed or removed by the Surgeon-General, with the approval of the Secretary of the Navy, and that they shall be graduates of hospital training schools having a course of instruction not less than two years. The appointment of superintendent, chief nurses, nurses, and reserve nurses shall be subject to an examination as to their professional, moral, mental, and physical fitness, and that they shall be eligible for duty at naval hospitals and on board of hospital and ambulance ships and for such special duty as may be deemed necessary by the Surgeon-General of the Navy. Reserve nurses may be assigned to active duty when the necessities of the service demand, and when on such duty shall receive the pay and allowances of nurses: Provided, That they shall receive no compensation except when on active duty. The superintendent, chief nurses, and nurses shall respectively receive the same pay, allowances, emoluments, and privileges as are now or may hereafter be provided by or in pursuance of law for the nurse corps (female) of the Army. [35 Stat. L. 146.]

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[Hospital corps-pay of enlisted men.] The pay of enlisted men of the Hospital Corps shall be the same as that provided for the corresponding ratings of the seaman branch and other staff corps of the Navy. [35 Stat. L. 146.] [Navy bands not to compete with civilian.] Navy bands or members thereof, other than the United States Naval Academy band at Annapolis, Maryland, shall not receive remuneration for furnishing music outside the limits of military posts, when the furnishing of such music places them in competition with local civilian musicians. [35 Stat. L. 153.]

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[Marine corps- - officers and enlisted men increased vacancies.] *** That from and after the passage of this Act, and in order to further increase the efficiency of the United States Marine Corps, the following additional cfficers, noncommissioned officers, drummers, trumpeters, and privates to those now provided by law for said corps are hereby authorized and directed, namely: One major-general commandant, in lieu of the present brigadier-general commandant; one colonel; one lieutenant-colonel; two majors; eighteen captains; seven first lieutenants; fourteen second lieutenants; one assistant adjutant and inspector, with the rank of lieutenant-colonel; one assistant quartermaster, with the rank of lieutenant-colonel; one assistant quartermaster, with the rank of major; and three assistant quartermasters, with the rank of captain; one assistant paymaster, with the rank of major; one assistant paymaster, with the rank of captain; two sergeant-majors; fifteen quartermaster-sergeants, five of whom are to serve in the pay department; twenty first sergeants; fifty sergeants; one hundred and twenty-five corporals; ten drummers; ten trumpeters; and five hundred and eighteen privates: Provided, That hereafter the number cf enlisted men in the United States Marine Corps shall be such as the Congress may from time to time authorize.

That the vacancies now existing in the line and staff departments of the United States Marine Corps and those created by this Act shall be filled in the manner provided by law. [35 Stat. L. 155.]

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[Marine corps-rations while on shore duty.] no law shall be construed to entitle marines on shore duty to any rations, or commutation thereof, other than such as now are or may hereafter be allowed to enlisted men in the Army: 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. [35 Stat. L. 156.]

Like provisions are contained in prior appropriation acts, and this is repeated in the Act of March 3, 1909, ch. 255, 35 Stat. L. 775.

[Monitors-restriction on naming, removed.]

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So much of the Act entitled "An Act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other Furposes," approved May fourth, eighteen hundred and ninety-eight, as provides that monitors owned by the United States shall be named for the States, and shall not be named for any city, place, or person until the names of the States shall have been exhausted, is hereby repealed, and monitors now owned by the United States or hereafter built may be named as the President may direct. [35 Stat. L. 159.]

For the provision relative to naming monitors hereby repealed, see 5 Fed. Stat. Annot. 300.

An Act Authorizing the Secretary of the Navy to accept and care for gifts presented to vessels of the Navy of the United States.

[Act of May 20, 1908, ch. 182, 35 Stat. L. 171.]

[Care, etc., of gifts presented to vessels.] That the Secretary of the Navy is hereby authorized to accept and care for such gifts in the form of silver, colors, books, or other articles of equipment or furniture as, in accordance with custom, may be presented to vessels of the Navy by States, municipalities, or otherwise. The necessary expense incident to the care and preservation of gifts of this character which have been or may hereafter be accepted shall be defrayed from the appropriation "equipment of vessels." [35 Stat. L. 171.]

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[Bureau of construction and repair-technical services statement of persons employed.] The services of draftsmen and such other technical services as the Secretary of the Navy may deem necessary may be employed only in the Bureaus of Ordnance, Equipment, Construction and Repair, and Steam Engineering to carry into effect the various appropriations for "Increase of the Navy," to be paid from such appropriations: Provided, That the expenditures on this account for the fiscal year nineteen hundred and nine shall not exceed one hundred and twenty thousand dollars; a statement of the persons employed hereunder, their duties, and the compensation paid to each shall be made to Congress each year in the annual estimates. [35 Stat. L. 222.1

This and the next paragraph are from the Legislative, Executive, and Judicial Appropriation Act of May 22, 1908, ch. 186.

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[Bureau of yards and docks - technical services — statement of persons employed.] The services of skilled draftsmen and such other technical services as the Secretary of the Navy may deem necessary may be employed only in the Bureau of Yards and Docks to carry into effect the various appropriations for "public works" to be paid from such appropriations: Provided, That the expenditures on this account for the fiscal year nineteen hundred and nine shall not exceed thirty thousand dollars; a statement of the persons employed hereunder, their duties, and the compensation paid to each shall be made to Congress each year in the annual estimates. [35 Stat. L. 223.]

[Settlement of amounts due intestate deceased officers and enlisted men.] Hereafter, in the settlement of the accounts of deceased officers or enlisted men of the Navy and Marine Corps, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly appointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence: First, to the widow; second, if the decedent left no widow, or widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to the father and mother in equal parts, provided father has not abandoned the support of his family, in which case to the mother alone; fourth, if either the father or mother be dead, then to the one surviving; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes: Provided, That this Act shall not be so construed as to prevent payment from the amount due the decedent's estate of funeral expenses, provided a claim therefor is presented by the person or persons who actually paid the same before settlement by the accounting officers. [35 Stat. L. 373.]

This is from the Sundry Civil Appropriation Act of May 27, 1908, ch. 200.

An Act To promote the administration of justice in the Navy.

[Act of Feb. 16, 1909, ch. 131, 35 Stat. L. 621.]

[SEC. 1.] [Courts to try enlisted men for minor offenses.] That courts for the trial of enlisted men in the Navy and Marine Corps for minor offenses now triable by summary court-martial may be ordered by the commanding officer of a naval vessel, by the commandant of a navy-yard or station, by a commanding officer of marines, or by higher naval authority. [35 Stat. L. 621.]

See ARTICLES FOR THE GOVERNMENT OF THE NAVY, 1 Fed. Stat. Annot. 458.

SEC. 2. [Deck courts-composition of -powers.] That such courts shall be known as "deck courts," and shall consist of one commissioned officer only, who, while serving in such capacity shall have power to administer oaths, to hear and determine cases, and to impose, in whole or in part, the punishments prescribed by article thirty of the Articles for the Government of the Navy: Provided, That in no case shall such courts adjudge discharge from the service or adjudge confinement of [sic] forfeiture of pay for a longer period than twenty days. [35 Stat. L. 621.]

SEC. 3. [Recorder to be detailed.] That any person in the Navy under command of the officer by whose order a deck court is convened may be detailed to act as recorder thereof. [35 Stat. L. 621.]

SEC. 4. [Review, etc., of sentence.] That the officer within whose command a deck court is sitting shall have full power as reviewing authority to remit or mitigate, but not to commute, any sentence imposed by such court; but no sentence of a deck court shall be carried into effect until it shall have been so approved or mitigated, and such officer shall have power to pardon any punishment such court may adjudge. [35 Stat. L. 621.]

SEC. 5. [Procedure, etc.] That the courts hereby authorized shall be governed in all details of their constitution, powers, and procedure, except as herein provided, by such rules and regulations as the President may prescribe. [35 Stat. L. 621.]

SEC. 6. [Record of proceedings — review of record by judge-advocategeneral.] That the records of the proceedings of the courts hereby authorized shall contain such matters only as are necessary to enable the reviewing authorities to act intelligently thereon, except that if the party accused demands it within thirty days after the decision of the deck court shall become known to him, the entire record or so much as he desires shall be sent to the reviewing authority. Such records, after action thereon by the convening authority, shall be forwarded directly to, and shall be filed in, the Office of the JudgeAdvocate-General of the Navy, where they shall be reviewed, and, when necessary, submitted to the Secretary of the Navy for his action. [35 Stat. L. 621.]

SEC. 7. [Right of objection, etc.] That no person who objects thereto shall be brought to trial before a deck court. Where such objection is made by the person accused, trial shall be ordered by summary or by general court-martial, as may be appropriate. [35 Stat. L. 621.]

SEC. 8. [Adjudging punishments use of irons abolished.] That the courts authorized to impose the punishments prescribed by article thirty of the Articles for the Government of the Navy may adjudge either a part or the whole, as may be appropriate, of any one of the punishments therein enumerated: Provided, That the use of irons, single or double, is hereby abolished, except for the purpose of safe custody or when part of a sentence imposed by a general court-martial. [35 Stat. L. 621.]

The abolishment of the use of irons is also found in the Naval Appropriation Act of May 13, 1908, ch. 166, 35 Stat. L. 132.

SEC. 9. [Court-martial proceedings may be set aside.] That the Secretary of the Navy may set aside the proceedings or remit or mitigate, in whole or in part, the sentence imposed by any naval court-martial convened by his order or by that of any officer of the Navy or Marine Corps. [35 Stat. L. 621.]

SEC. 10. [Authority to convene.] That general courts-martial may be convened by the President, by the Secretary of the Navy, by the commander in chief of a fleet or squadron, and by the commanding officer of any naval station beyond the continental limits of the United States. [35 Stat. L. 621.]

SEC. 11. [Court of inquiry, etc., may issue process, etc.] That a naval court-martial or court of inquiry shall have power to issue like process to compel witnesses to appear and testify which United States courts of criminal jurisdiction within the State, Territory, or District where such naval court shall be ordered to sit may lawfully issue. [35 Stat. L. 621.]