Arrests. Process. nor less than thirty days, either or both united, as the judge before whom conviction is obtained shall decide. Ibid. 1146. It shall be the duty of the United States supervisor of the harbor to enforce this act, and the deputy inspectors of the said supervisor shall have authority to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this act: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspector or deputy inspectors, or either of them: And provided Froceedings. further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. Sec. 2, act of August 17, 1894 (28 Stat. L., 360). HARBOR REGULATIONS FOR THE DISTRICT OF COLUMBIA. Par. 1147. District Commissioners to prepare regulations. 1148. Unlawful deposits forbidden. Harbor regula tions for the Dis- 29, p. 126. Unlawful de posits forbidden. Sec. 2, ibid. Par. 1149. Penalty. 1147. It shall be unlawful for any owner or occupant of wharf or dock, any master or captain of any vessel, or any person or persons to cast, throw, drop, or deposit any ballast, dirt, oyster shells, or ashes in the water in any part of the Potomac River or its tributaries in the District of Columbia, or on the shores of said river below high-water mark, unless for the purpose of making a wharf, after permission has been obtained from the Commissioners of the District of Columbia for that purpose, which wharf shall be sufficiently inclosed and secured so as to prevent injury to navigation Act of May 19, 1896 (29 Stat. L., 126). 1148. It shall be unlawful for any owner or occupant of any wharf or dock, any captain or master of any vessel, or any other person or persons to cast, throw, deposit, or drop in any dock or in the waters of the Potomac River or its tributaries in the District of Columbia any dead fish, fish offal, dead animals of any kind, condemned oysters in the shell, watermelons, cantaloupes, vegetables, fruits, shavings, hay, straw, ice, snow, filth, or trash of any kind whatsoever. Sec. 2, ibid. Penalty. 1149. Any person or persons violating any of the pro- sec. 3, ibid. visions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof in the police court of the District of Columbia shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding six months, or by both such punishments, in the discretion of the court. Sec. 3, ibid. Limitation. 1150. Nothing in this act contained shall be construed Sec, ibid. to interfere with the work of improvement in or along the said river and harbor, under the supervision of the United States Government. Sec. 4, ibid. HISTORICAL NOTE.-Legislative provision for the services of engineer officers with the Revolutionary armies was made at a relatively early stage in the progress of the war by a resolution of Congress of June 16, 1775, which authorized the employment of engineer officers at the headquarters of the Army and in the several departments. Col. R. Gridley was appointed Chief Engineer by General Washington, and his services were recognized and continued in that capacity by a resolution of Congress dated January 16, 1776. The difficulty of obtaining trained engineers in the Continental establishment made it necessary to secure such services abroad, and the action of the American commissioners in Paris, in employing several members of the French corps of engineers, was approved by Congress in a resolution dated July 8, 1777. A corps of engineers was subsequently established by the resolution of March 11, 1779, and M. Duportail, an officer of the Royal Engineers of France, was placed at its head, with the rank of brigadier-general. This corps continued in service until the close of the war, not having been disbanded until November, 1783. A Corps of Artillerists and Engineers was established by the act of May 9, 1784 (1 Stat. L., 366). This organization was required to be "completed" by the act of March 3, 1795 (ibid., 430), and an additional regiment of artillerists and engineers was added to the establishment by the act of April 27, 1798 (ibid., 552). The seventeenth and eighteenth sections of the act of March 3, 1799 (ibid., 755), passed in contemplation of war with France, authorized the appointment of two engineers "distinct from the corps of artillerists and engineers," with the rank and pay of lieutenantcolonels, and conferred power upon the President, in his discretion, to appoint an inspector of fortifications, who was to have the rank of major and was to be selected from the artillerists and engineers, or from civil life. If he was appointed from the existing corps he was to retain his office and was to rise "therein in the same manner as if he had never been appointed to the said office of inspector.” The functions of the artillerists and engineers were dissociated by the act of March 6, 1802 (2 ibid., 132), which created a regiment of artillery and authorized the President to organize and establish a Corps of Engineers to consist of one major, two captains, two first lieutenants, two second lieutenants, and ten cadets; provision was made in the same enactment for the gradual expansion of the corps by a clause conferring authority upon the President to make promotions "without regard to rank" until the corps should consist of one colonel, one lieutenant-colonel, two majors, four captains, four first lieutenants, and four second lieutenants. By the act of April 29, 1812 (2 ibid., 720), two captains, two first lieutenants, two second lieutenants, "to be taken from the subaltern officer of engineers," and one paymaster and a company of bombardiers, sappers, and miners were added to the existing establishment. The composition of this corps was not changed by the acts of March 3, 1815 (3 ibid., 224), and April 4, 1818 (ibid., 426), for the reduction and reorganization of the staff, nor was its organization modified at the general reduction of March 2, 1821 (ibid., 615). By section 2 of the act of July 5, 1838 (5 Stat. L., 256), a Corps of Topographical Engineers was established, and the President was authorized to increase the Corps of Engineers by the addition of one lieutenant-colonel, two majors, six captains, six first lieutenants, and six second lieutenants, and the pay of engineer officers was fixed at the rates established by law for officers of dragoons. By section 3 of the act of July 5, 1838, the paymaster authorized by the act of April 12, 1808, was transferred to the Pay Department. A second company of engineer soldiers was added to the corps by section 4 of the act of May 15 1846 (9 ibid., 12). By the act of March 3, 1851 (ibid., 62), the President was authorized to employ officers of engineers on lighthouse duty, and by section 8 of the act of August 31, 1852 (10_ibid., 119), officers of the corps were required to be attached to the Light-House Board as member and engineer secretary, respectively. By section 9 of the act of March 3, 1853 (ibid., 119), lieutenants of engineers, after fourteen years' continuous service, were to be entitled to the pay and allowances of captains. By section 3 of the act of August 5, 1861 (12 ibid., 287), three first lieutenants and three second lieutenants were added, and the organization of three additional companies of engineer soldiers was authorized by the act of August 6, 1861 (ibid., 317); two lieutenant-colonels and four majors were added to the strength of the corps, "by regular promotion.' The Corps of Topographical Engineers was discontinued by the act of March 3, 1863 (ibid., 743), and its officers were merged in the Corps of Engineers. Examinations were also required, in all grades below that of field officer, as a condition precedent to promotion. The composition of the corps was fixed, by the same enactment, at one brigadier-general, four colonels, ten lieutenant-colonels, twenty majors, thirty captains, thirty first lieutenants, and ten second lieutenants. By section 19 of the act of July 28, 1866 (4 ibid., 333), the strength of the corps was fixed at one brigadier-general, six colonels, twelve lieutenant-colonels, twenty-four majors, thirty captains, twenty-six first lieutenants, and ten second lieutenants. By section 6, of the act of March 3, 1869 (15 ibid., 318), appointments and promotions in the several departments of the staff were suspended until otherwise directed by Congress. This requirement was removed, however, as to all officers below the grade of brigadier-general by the act of June 10, 1872 (17 ibid., 382), and repealed as to the Chief of Engineers by the act of June 30, 1879 (21 ibid., 45). By the act of July 5, 1898 (30 ibid., 652), the strength of the Corps of Engineers was fixed at one brigadier-general, seven colonels, fourteen lieutenant colonels, twenty-eight majors, thirty-five captains, thirty first lieutenants, and twelve second lieutenants. By section 22 of the act of February 2, 1901 (31 Stat. L., 754), the permanent strength of the department was fixed at one Chief of Engineers with the rank of brigadiergeneral, seven colonels, fourteen lieutenant-colonels, twenty-eight majors, forty captains, forty first lieutenants, and thirty second lieutenants. The enlisted force was also increased by the addition of two battalions of engineer troops. It was also provided that the troops of the three engineer battalions and the officers of Engineers assigned to duty therewith should constitute a part of the line of the Army. THE CORPS OF TOPOGRAPHICAL ENGINEERS. The act of March 3, 1813 (2 Stat. L., 819), authorized the appointment of eight topographical engineers with the rank of major of cavalry and eight assistants with the rank of captain of infantry; but this force was reduced to two majors by the act of March 3, 1815 (ibid., 224). By the act of April 24, 1816 (ibid., 297), three majors and two assistants with the rank of captain were authorized for each division of the Army. On July 2, 1818, these officers were merged, by general orders, in the Corps of Engineers. In August, 1818, a topographical bureau was established in the War Department, the duties of the bureau being performed by officers detailed from the line. By the act of April 30, 1824 (4 ibid., 22), civil assistants were authorized to be employed, and on June 21, 1831, the Topographical Bureau was formally constituted, in general orders, as a separate office of the War Department. The Corps of Topographical Engineers eo nomine was established by section 4 of the act of July 5, 1838 (5 Stat. L., 256), to consist of one colonel, one lieutenantcolonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants, who were to be appointed by selection from the Corps of Engineers, from the line of the Army, and from the civil engineers authorized by the act of April 30, 1824. The corps as thus constituted was increased by section 2 of the act of August 5, 1861 (12 ibid., 287), by the addition of three first lieutenants and three second lieutenants, and, by the act of August 6, 1861 (ibid., 317), by the addition of two lieutenantcolonels, four majors, and one company of engineer soldiers. The corps was discontinued by the act of March 3, 1863 (9 Stat. L., 743), its officers being merged in the Corps of Engineers. CHAPTER XXIII. THE ORDNANCE DEPARTMENT' THE BOARD OF ORDNANCE AND FORTIFICATION, ARMS, ARMORIES, AND ARSENALS. Composition. June 23, 1874, v. 18, p. 245. July 7, 1898, v. p. 720. v. 1151. The Ordnance Department shall consist of one Chief of Ordnance with the rank of brigadier-general, 3, 203. four colonels, six lieutenant-colonels, twelve majors, twenty-four captains, and twenty-four first lieutenants, 30, the ordnance storekeeper, and the enlisted men, including 23, ordnance-sergeants, as now authorized by law. All vacancies created or caused by this section shall, as far as possible, be filled by promotion according to seniority as now prescribed by law. Sec. 23, act of February 2, 1901 (31 Stat. L., 754). 722, 1901, s. 31, p. 754. 1152. No PROMOTIONS-EXAMINATIONS FOR PROMOTION. * promotion in said department shall Examinations, hereafter be made until the officer or person so * promoted shall have passed a satisfactory examination 1 June 23, 1874. 8. 5, v. 18, p. 245. For note containing a statutory history of the Ordnance Department see end of chapter. Feb. 2, 1901, s. 26, v. 31, p. 755. before a board of ordnance officers senior to himself.' Sec. 5, act of June 23, 1874 (18 Stat. L., 245); act of February 2, 1901 (31 ibid., 754). ment * * * * * * Promotions. 1153. So long as there remain any officers holding permanent appointment in the Ordnance Departthey shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which officers so promoted shall hold their appointments. Sec. 26, act of February 2, 1901 (31 Stat. L., 755). Pay of principal assistant to DETAILS. 1154. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion as provided for in this section, it shall be filled by detail from the line of the Army. Ibid. 1155. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe.3 Ibid. 1156. All officers so detailed shall serve for a period of four years, at the end of which time they shall return to duty with the line, and officers below the rank of lieutenantcolonel shall not again be eligible for selection in any staff department until they have served two years with the line. Ibid. MISCELLANEOUS REQUIREMENTS. 1157. The principal assistant in the Ordnance Bureau Chief of Ord-shall receive a compensation, including pay and emoluFeb. 27, 1877, v. ments, not exceeding that of a major of ordnance. nance. 19, p. 243. Sec. 1279, R.S. Rank of ordnance storekeepers. 1158. The ordnance storekeeper at Springfield armory shall have the rank of major of cavalry, and the ordnance 1 The system of examinations above prescribed now applies to such officers only as held commissions in the department on February 2, 1901; vacancies which may hereafter occur are required to be filled in accordance with the system of details prescribed in section 26 of the act of February 2, 1901. See, in this connection, the title Details to the Staff in the chapter entitled THE STAFF DEPARTMENTS. Examinations for promotions in this department are now regulated by the acts of June 23, 1874 (18 Stat. L., 245), October 1, 1890 (26 ibid., 562), and July 27, 1892 (27 ibid., 276). Vacancies in the lowest grade in the Ordnance Department are filled by the appointment of officers from the line of the Army who have passed a satisfactory examination of the kind prescribed in this section. The conditions of appointment and examination are set forth in paragraphs 1489 and 1490 of the Army Regulations of 1895. 2 For enactment authorizing the promotion of lieutenants of ordnance to the grade of captain after fourteen years' service see paragraph 957, ante; for requirements in rsspect to examinations for promotion see the chapter entitled THE STAFF DEPART MENTS. 3 For statutory regulations respecting details in the several staff departments see the title Details to the Staff in the chapter entitled THE STAFF Department. |