CHAPTER VIII. THE DEPARTMENT OF THE NAVY-THE MARINE CORPS. Miscellaneous provisions.. Duties on shore.... Marine Corps subject to articles of war when serving in the Army.. Par. 304-306 304 305 306 304. Duties on shore.-The Marine Corps shall be liable to do duty in the forts and garrisons of the United States, on the seacoast, or any other duty on shore, as the President, at his discretion, may direct. Sec. 1619, R. S. 305. Marine Corps subject to Articles of War when serving with Army. The Marine Corps shall, at all times, be subject to the laws and regulations established for the government of the Navy, except when detached for service with the Army by order of the President; and when so detached they shall be subject to the rules and articles of war prescribed for the government of the Army. Sec. 1621, R. S. 306. Detail of naval officers.-The President may detail, temporarily, three competent naval officers for the service of the War Department in the inspection of transport vessels, and for such other services as may be designated by the Secretary of War. Sec. 1437, R. S. 1 See A. W. 122. 1 See A. W. 78; 28 Op. Att. Gen., 15; published in Circular 66, War Dept., 1909; G. O. No. 7 War Dept., 1909; G. O. No. 161, War Dept., 1909. 119 CHAPTER IX. THE REVISED STATUTES1-THE STATUTES AT LARGETHE ARMY REGULATIONS-THE ARMY REGISTER. 307. Commissioners to revise and consolidate the General Statutes of the United States.-The President of the United States is hereby 'The Revised Statutes must be accepted as the law on the subjects which they embrace as it existed on the 1st day of December, 1873, and were enacted to present the entire body of the laws in a concise and compact form. When the language of the Revised Statutes is plain and unambiguous, the grammatical structure simple and accurate, and the meaning of the whole intelligible and obvious, a court is not at liberty, by construction, to reproduce the law as it stood before the revision. (U. S. v. Bowen, 100 U. S., 508. See also Wright v. U. S., 15 Ct. Cls., 80, 86; U. S. v. No. Am. Com. Co., 74 Fed. Rep., 145.) 121 authorized, by and with the advice and consent of the Senate, to appoint three persons, learned in the law, as commissioners, to revise, simplify, arrange, and consolidate all statutes of the United States, general and permanent in their nature, which shall be in force at the time such commissioners may make the final report of their doings. Sec. 1, Act of June 27, 1866 (14 Stat. 74). 308. First edition, 1874.-That the Secretary of State is hereby charged with the duty of causing to be prepared for printing, publication, and distribution the Revised Statutes of the United States enacted at this present session of Congress; that he shall cause to be completed the headnotes of the several titles and chapters and the marginal notes referring to the statutes from which each section was compiled and repealed by said revision; and references to the decisions of the courts of the United States explaining or expounding the same, and such decisions of State courts as he may deem expedient, with a full and complete index to the same.1 Sec. 2, Act of June 20, 1874 (18 Stat. 113). 310. Printed copies-Evidence.-When the same shall be completed, the said Secretary shall duly certify the same under the seal of the United States, and when printed and promulgated as hereinafter provided, the printed volumes shall be legal evidence of the laws and treaties therein contained, in all the courts of the United States, and of the several States and Territories. Id. 311. Title of revision of statutes.-That the revision of the statutes of a general and permanent nature, with the index thereto, shall be printed in one volume, and shall be entitled and labeled "Revised 1 The Revised Statutes were prepared by commissioners appointed under acts of Congress approved June 27, 1866 (14 Stat. 74), and May 4, 1870 (16 Stat. 96), the latter act providing that the work and revision should be completed within three years from the date of its passage. The act of March 3, 1873 (17 Stat. 579), authorized the appointment of a joint committee of Congress to accept the draft of the revision of laws, so far as the same was completed at the expiration of the time designated for that purpose. (May 4, 1873.) The same statute authorized the existing joint committee to contract with some suitable person or persons to prepare a revision of the statutes, already reported by the commissioners, in the form of a bill to be presented at the opening of the Forty-third Congress. The publication of the first edition of the Revised Statutes was authorized by the act of June 20, 1874. (18 Stat. 113.) 2 The first edition of the Revised Statutes is a transcript of the original act in the State Department, which became a law June 22, 1874, and is prima facie evidence of the law, but the original is the only conclusive evidence of the exact text of the law. (Wright v. U. S., 15 Ct. Cls., 80, 87.) The Revised Statutes must be accepted as the law on the subjects which they embrace as it existed on the 1st day of December, 1873, and were enacted to present the entire body of the laws in a concise and compact form. The incorporation of a particular statutory provision into the revision was a legislative declaration that the law on that subject was as therein provided; and in the absence of any obscurity in the meaning the court can not look to the preexisting statutes to see whether or not they were correctly incorporated. (U. S. v. Bowen, 100 U. S., 508; Bates Refrigerating Co. v. Sulzberger, 157 U. S., 1; Wright v. U. S., 15 Ct. Cls., 80, 86; U. S. v. North American Commercial Co., 74 Fed. Rep., 145.) As to the effect of amendments to the Revised Statutes, see U. S. v. Jessup (15 Fed. Rep., Statutes of the United States;" and the revision of the statutes relating to the District of Columbia; to post-roads, and the public treaties in force on the first day of December, one thousand eight hundred and seventy-three, with a suitable index to each, shall be published in a separate volume, and entitled and labeled "Revised Statutes relating to District of Columbia and Post-Roads. Public Treaties." Sec. 3, id. 312. Certificate to Revised Statutes.-That the certificate to the printed volume of the Revised Statutes of the United States required by section two of “An act providing for publication of the revised statutes and laws of the United States," approved June twentieth, eighteen hundred and seventy-four, shall be made by the Secretary of State under the seal of the Department of State, and so much of said section as provides that such certificate shall be under the seal of the United States, is hereby repealed. Act of Dec. 28, 1874 (18 Stat. 293). 313. Scope of Revised Statutes.-The foregoing seventy-three titles embrace the statutes of the United States general and permanent in their nature, in force on the first day of December, one thousand eight hundred and seventy-three, as revised and consolidated by commissioners appointed under an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United States. Sec. 5595, R. S. 314. Repeal of acts embraced in revision.-All acts of Congress passed prior to said first day of December, one thousand eight hundred and seventy-three, any portion of which is embraced in any section of said revision, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof; all parts of such acts. not contained in such revision having been repealed or superseded by subsequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appropriation, or any provision of a private, local, or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-named day, no part of which are embraced in said revision, shall not be affected or changed by its enactment.1 Sec. 5596, R. S. 315. Accrued rights reserved.-The repeal of the several acts embraced in said revision shall not affect any act done, or any right 1 Sections 5597, 5598, and 5599, Revised Statutes, provide that the repeal shall not affect rights acquired, suits commenced, offenses committed, or acts of limitation, but that "all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to said repeal may be commenced and prosecuted within the same time as if said repeal had not been made." |