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Intimidation of

voters.

See sec. 2003.
Ibid., s. 2.

Officers of Army or Navy prescrib

of voters.

prisonment at hard labor not less than three months nor more than five years.

SEC. 5529. Every officer or other person in the military or naval service who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State, shall be fined not more than five thousand dollars, and imprisoned at hard labor not more than five years.

SEC. 5530. Every officer of the Army or Navy who preing qualifications Scribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters at any election in any State, shall be punished as provided in the preceding section.

See sec. 2003.

Officers, etc., of SEC. 5531. Every officer or other person in the military Army or Navy interfering with or naval service who, by force, threat, intimidation, order, officer of election, or otherwise, compels, or attempts to compel, any officer

etc.

Ibid., s. 2.

Disqualification for holding office.

Ibid., ss. 1, 2.

Mar. 3, 1883.

lar and volunteer

service.

holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section fifty-five hundred and twenty-nine.

SEC. 5532. Every person convicted of any of the offenses specified in the five preceding sections, shall, in addition to the punishments therein severally prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing in those sections shall be construed to prevent any officer, soldier, sailor, or marine. from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote.

And all officers of the Navy shall be credited with the Credit for regu- actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and Mar. 3, 1883, p. shall receive all the benefits of such actual service in all 473 (naval appropriation act); respects in the same manner as if all said service had been 22 Stat. L., p. 473, continuous and in the regular Navy in the lowest grade Aug. 5, 1882.

having graduated pay held by such officer since last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. That all officers who have been or may be appointed to officers reap any corps of the Navy or to the Marine Corps after service in a different corps of the Navy or of the Marine Corps ch. 165. par. 1, shall have all the benefits of their previous service in the same manner as if said appointments were a reentry into the Navy or into the Marine Corps.

Benefit of pre

vions service to

pointed.

July 26, 1894, ante, p. 206.

No master, mate, pilot, or engineer of steam vessels licensed under title fifty-two of the Revised Statutes shall be liable to draft in time of War, except for the performance of duties such as required by his license;

May 28, 1896. 29 Stat. L., 188. vol. 2, p. 488.

Supp. R. S.,

Exemption from draft.

R. S., Title LII.

See note 6.

Wages for naval service.

and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties Pensions, etc. under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States.

SEC. 3. That all laws or parts of laws in conflict with Repeal. this Act are hereby repealed.

Jan. 31, 1881, s.

No decoration, or other thing, the acceptance of which Jan. 31, 1881. is authorized by this act, and no decoration heretofore Acceptance of accepted, or which may hereafter be accepted, by consent decorations. of Congress, by any officer of the United States, from any 2, chap. 32, P. E.. foreign government, shall be publicly shown or exposed p. 80. upon the person of the officer so receiving the same.

See also Bribes,

Hereafter any present, decoration, or other thing, which Ibid., s. 3. shall be conferred or presented by any foreign government Presents, etc., to any officer of the United States, civil, naval, or military, Division IV. shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress.

on

Mar. 3, 1883.

Mar. 3, 1883, s.

Hereafter no officer of the Navy shall be employed on any shore duty, except in cases specially provided by law, Employment unless the Secretary of the Navy shall determine that the shore duty. employment of an officer on such duty is required by the 2, 22 Stat, L., p. public interests, and he shall so state in the order of 481 [naval approemployment, and also the duration of such service, beyond which time it shall not continue.

priation act]:

Aug. 5, 1882, s. 3.

Jan. 25, 1895.

28 Stat. L., 639. Supp. R. S., Navy and MaOaths may be administered by

1892-95, p. 368.

rine Corps.

That judges advocate of naval general courts-martial and courts of inquiry, and all commanders-in-chief of naval squadrons, commandants of navy-yards and stations, and officers commanding vessels of the Navy, and the adjutant and inspector, commanding officers and recruiting officers of the Marine Corps be, and the same are hereby, authorized to administer oaths for the purposes of the administration of naval justice and for other purposes of naval arts, 28, 29, 40, 41, administration.

certain officers. R. S., 8. 1624,

57, 58.

Note 6.-A naval officer can not lawfully serve as a master of a private steam See act of Mar. vessel in the merchant service without having previously obtained the license 3, 1883.

required by sec. 4438, R. S., although he may be eligible by virtue of his commission

to take command of a steam vessel of the United States in the naval service. (Op.,

XV, 61, Pierrepont, Oct. 26, 1875, Commander Philips's case.)

Title 15, chap. 1.

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SEC. 1395. There shall be in the Navy, for the public. Number and armed vessels of the United States in actual service not appointment of. Apr. 21, 1806, s. exceeding twenty-four chaplains, who shall be appointed 3, v. 2, p. 390; by the President with the advice and consent of the Apr. 16, 1814, 8.5, Senate.

v. 3, p. 125; Aug. 4, 1842, s. 1, v. 5, p. 500.

of.

Qualifications
July 14, 1862, s.

7, v. 12, p. 565.

See note 1.

Form of wor

ship.

SEC. 1396. A chaplain shall not be less than twenty-one or more than thirty-five years of age at the time of his appointment.

SEC. 1397. Every chaplain shall be permitted to conduct June 1, 1860, s. public worship according to the manner and forms of the 1, v. 12, p. 24. church of which he may be a member.

1, v. 12, p. 24.

8.

Annual report. SEC. 1398. Chaplains shall report annually to the SecreJune 1, 1860, s. tary of the Navy the official services performed by them. Title 15, Chap.4. SEC. 1479. Chaplains shall have relative rank as follows: Four, the relative rank of captain; seven, that of comMar. 3, 1871, 8. mander; and not more than seven, that of lieutenant-com9, v. 16, p. 536. See same sec., "Rank mander or lieutenant.

Rank.

and Precedence.'

"

Rank when re- SEC. 1481.

length of service.

Chaplains,

who shall

tired for age or have served faithfully for forty-five years, shall, when Mar. 3, 1871, s. retired, have the relative rank of commodore; and * *

11, v. 16, p. 337.

Title 15, Chap.8.
Pay.

3, v. 16, p. 331.

who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore.

SEC. 1556. Chaplains, during the first five years after date of commission, when at sea, two thousand five hunJuly 15, 1870, 8. dred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars.

CIVIL ENGINEERS.

Sec.

Title 10.

Yards and

Docks.

July 5, 1862, v.

12, p. 510.

See sec. 1396.

Sec.

416. In Bureau Yards and Docks. 1413. Appointment of civil engineers.

1478. Rank. General order.
1556. Pay.

SEC. 416. There shall be in the

Yards and Docks: one civil engineer.

Bureau of

Note 1.-Under this act the President can not appoint a chaplain above the age of thirty-five, although before its passage he had instructed the Secretary of the Navy to prepare the nomination of the person to the Senate. (Op., X, p. 324, Bates, Aug. 28, 1862.)

* *

SEC. 1413. The President, by and with the advice and Title 15, chap. 1. consent of the Senate, may appoint a civil engineer at each of the navy-yards where such officers necessary.

may be

Appointment at navy-yards. Mar. 2, 1867, s. 1, v. 14, p. 490; June 17, 1868, 8.

1, v. 15, p. 69.

SEC. 1478. Civil engineers shall have such relative rank Title 15, chap. 4. as the President may fix.

The President of the United States has this day, under the provisions of section 1478 of the Revised Statutes, conferred relative rank on civil engineers of the Navy, and fixed the same as follows:

One with the relative rank of captain.

Two with the relative rank of commander.

Three with the relative rank of lieutenant-commander.
Four with the relative rank of lieutenant.

Civil engineers will take precedence in their corps, and with other officers with whom they hold relative rank, in accordance with the law regulating precedence of officers of the Navy.

Rank. Mar. 3, 1871, s. 9, v. 16, p. 536. See same sec., "Rank and Precedence."

See note 1.

General Order

263, Feb. 24, 1881.

SEC. 1556. *** Civil engineers, during the first five Title 15, chap. 8. years after date of appointment, when on duty, two thou Pay. sand four hundred dollars; on leave, or waiting orders, one, July 15, 1870, s. 3, v. 16, p. 331. thousand five hundred dollars; during the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand six hundred dollars.

June 3, 1896.
29 Stat. L., 202.
Sup. R. S., v.

2, p. 498.
Rivers and har-
bors.

SEC. 7. That section two of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, 2 eighteen hundred and ninety-five, and for other purposes, approved July thirty-first, eighteen hundred and ninety- Retired army four, shall not be so construed as to prevent the employ. and navy officers ment of any retired officer of the Army or Navy to do work and compen under the direction of the Chief of Engineers of the United sated. July 31, 1894, States Army in connection with the improvement of rivers ch. 174, s. 2, ante and harbors of the United States, or the payment by the P212. proper officer of the Treasury of any amounts agreed upon as compensation for such employment.

Note 1.-See Ops., XV, pp. 165, 597; XVI, p. 203, and June 17, 1881.

may be employed

Became a law notwithstanding the President's veto, June 3, 1896.

Title 15, chap. 7.

CONTRACTS, SUPPLIES, ETC.

Sec.

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↓ Sec.

3736. Restriction on purchases of land. 3737. No transfer of contract.

3738. Eight hours to be a day's work. 3739. Members of Congress not to be interested in contracts.

3740. What interest Members of Congress may have.

3741. Stipulation that no Member of Congress has an interest.

3742. Penalty against officer for making
contract with a Member of Con-
gress.

3743. Deposit of contracts.
3744. Contracts to be in writing.
3745. Oath to contract.

3746. Penalty for omitting returns.
3747. Instructions.

512-515. Returns office.

5503. Contracting beyond appropriations.
Rent of buildings.

Materials for steam boilers.
Tobacco for the Navy.

Cotton cordage for the Navy.
Life-saving dress.

Torpedoes for the Navy.
Small stores fund.

3711. Inspection of fuel in District of
Columbia; appointment of in-
spectors, ete.

3712. Appointment of inspectors, etc., to
be notified to accounting officers.
3713. No payment without certificates.
28 Stat., p. 278. Material men.

SEC. 1549. It shall be the duty of the President to make, Regulations of subject to the provisions of law concerning supplies, such upplies 26, 1842 regulations for the purchase, preservation, and disposition s. 2, v. 5, p. 535; of all articles, stores, and supplies for persons in the Navy, Mar. 3, 1847, s. 1, as may be necessary for the safe and economical adminis

Aug.

v. 9, p. 171.

See note 1.

See sec. 1549.

tration of that branch of the public service.

Note 1.-Authority given by Congress to make a contract implies none to change it after it is made. (Op., IX, 80. 104; see post, Supreme Court Decisions.) Where a contract is made, after advertisement, with the lowest bidder, the head of a Department has no authority to modify its terms in regard to time of delivery, or any other of its material elements. (Op., IV, Sept. 24, 1844, p. 334.)

Can not be renewed and extended at the pleasure of a head of a Department. No extension, unless for a period fixed as an alternative in the proposals, is authorized or sanctioned by law. (Op., XIII, 175, Dec. 4, 1869.)

An act directing the Secretary of the Navy to enter into a contract is not a contract per se. The Secretary makes the contract, and may vary the details. (Wallace, VIII, p. 358; C. C., I, 28.)

Where the Secretary of the Navy may enter into a contract for the construction of a vessel, he may suspend the work contracted for and agree with the contractors as to the compensation to be paid for the partial completion of the same. (C. C., II, p. 126; Otto, V, 91, p. 321.)

When a contract is closed the general rule is that it must be executed without change of terms, which are not subject, in general, to change at the will of either party or of both parties. (Op., X, 480.) Later authorities appear to favor the exercise, by the head of a Department, of a discretion to consent to modifications of detail, in the course of the execution of public contracts, when such modifications (not being in contravention of law) are found to be for the public interest, and are not of such a character as to operate to the pecuniary disadvantage of the United States. (Winthrop's Digest cites Otto 91, p. 321, and Op., XV, 481.)

Where Congress authorized the examination of a claim and appropriated a sum not exceeding a fixed amount to pay it, and a less sum was found due, held that the appropriation was exhausted when latter amount was paid. (Op., LX, 451; see Op., IX, 449, as to principles governing payment of money to a citizen under a special act of Congress.)

In breach of contract the law contemplates two elements of damage: (1) Losses sustained; (2) gains prevented. (C. C., VII, 543; affirmed by S. C.)

A military board of survey is an ex parte tribunal; decision not binding on a contractor, its proceedings not evidence against him, etc. (C. C., VIII, p. 213.) The award by a commission on a contract can be refused to be received, or the contractor can accompany his receipt of it with a proper protest. (Idem. See also C. C., II, 95.) The sureties of a contractor are not responsible for fulfillment, after his death, on what are called personal contracts, where skill or taste is required. (Op., VI, p. 410.) A claim for damages was adjusted by the appropriate Department on a basis to

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