THE WEEKLY. ERA.
r . i .
TIli'KSlAY, MAY 22, 1873.
John It.
A correspondent y
incidents of J
Virginia. "
York
Tlioinpson. -
y died In cw
o wm filling the position
Tho last time I uvr liim, in
September last, ho read to me hU trans
lation of some lines of Heine, which
must, I fancy, bare been preaent
to biui in his failing health and che
quered career. Thero sounds in the
ines a melancholy pathos presaging an
i-rlj grave:
Where shall then tho traveller jaded.
In the prave at Ut recline?
In the South by palm tree hadcd
Under linden byhe Rhine?
I. j all I in some desert iderile
lie entombed by Mranjrer hands ?
:s..dl I sleep beyond Ji.V peril
t n tome ea coast In the and T
Veil! God's sun will fchine at brightly
There, as here, above my bed.
And the Un like death lamp, nightly
Shall be hung above my head.
(Froui the livening 1L)
Leaves from an OII AUtim,
A eorn-ioiuieiit wnd-i two ntt-nlly
encountered extracts fn.iii the tattered
old album kept at Stratford-upon-Avon,
the birthplace of Sbakc.are :
"Of rttfczhtr Shakespeare birth tho
roni we "C i
That where he died, in vain to find we
try :
l"ic:ci tho fwurch ; for:! I immortal he;
-And thev who are immortal never
die. ' V.Hii?.urox Ir.vixw."
Sliakc-!K.-are! tliv rninu revered ia no
By us w ho often re kon, sometimes
Thouch Enzland claims tho glory of
thv birth,
Noue more appreciate, thy '.ages worth :
Normoro admire thy m-cucs well acted
o'er.
Than we of tdato uiil-rn in ancient
lore. "James II. Hackktt."
OFFICIAL
AWS OK THE UNITED STATES.
Itil ul the third &aton of the
forly-fecrmd ConffrcMt.
- GEXEUAL Xatuue No. C2.
AN ACT to revise, consolidate, ami
amend the laws relating- to n-
siorjs.
Bo t cnactiil by tho Senate nnd
. Jlou.-e of lleprt-entatives of the
Unitcl States of America, in t'on
Ktvsi iihserableil, That if the ability
of any officer of the army, including
regulars, volunteers, and militia, or
any ifiicer in the navy or marine I
corps, or any enlisted man, however
employet!, in the military or naval
service of the United States, i r in
its marine corps, whether regularly
mustc rexl or not, disabled by reason
i any wound or injury received, or
ilist;ie contracted, while in the ser
vice Of tho of the United States and
in tlc lino of duty; any master
tervitg" on a gunbut, or any pilot,
engirieer, sailor, or other person not
tcularly mustered, serving uixm
any runbeat or war vessel of the
UnitcM htites, disabled by any
wourM or injury received, or other
wise ! incapacitated, while in the
line of duty, for procuring- his sub
sistence by manual labor; any ier
..n not an nlistetl soldier in t!ie
a!iii-i strvinsr for the lime bein: as
r. member t f the militia of any Irsof w
t or i.f i bailees s-ua
Slate under orders id' an oilkerofj
thetniteu State, or who volun-t'-ered
for tho time lieing-to serve
w.'ta nny regularly orinizotl mili
tury or naval force of the United
States, or who otherwise volunteer
ed and rendered service in uny en-
rv-scment with reliels or Indians,
Smmand vsels, second and
S535'stant- engineer, roaster's
and all warrant officers in the
naval service. ,ten- dollars ter
month; aud for all enlisted men
whose rank or office Is not mention
ed in this section, eight dollars per
month; and the masters, pilots.
ensineers. sailors, and crews upon
the ganboats and war vessels siinll
bo entitled to receive the pension
allowed herein to those of like rank
In the naval service; ana every
commissioned officer of the army.
navy, or marine corps, shall receive
such and only such pension as is
herein provided for the rank he
held at the time he received the in
j u ry, or contracted t he d iscase which
resulted In the disability, on ac
count of which he may be entitled
to a pension ; "and any commission
or presidential appointment, regu
larly issued to such person, shall be
taken to determine, his rank: irom
and after the date, as given in the
body of the commission or appoint
ment conferrinc said rank: I'rovi
ded. That a vacancy ex isted in the
rank thereby conferred : that the
person commissioned was not so
disabled for military duty ; and that
he did not wilfully neglect or refuse
to be mustered.
Sec. 3. That for the period com
mencing July fourth, eighteen hun
dred ami sixty four, and ending
June third, eighteen hundred and
seventy two, those iersons entitled
to a less pension than hereinafter
mentioned, whoshall have lost both
feet in the military or naval service
ami In the line of duty, shall be
entitled to a i;nsion of twenty
dollars! icr month: for the same
ieriod 'those persons who, under
like circumstances, shall have lost
both hands or the sight of both
eyes, shall be entitled to a pension
of twenty five dollars per month ;
and for the period commencing
March third, eighteen hundred and
sixty five, and ending June third,
eighteen hundred aud seventy-two,
those persons who under liko cir
cumstances shall have lost one hand
and one foot, shall be entitled to a
tension of "twenty dollars per
month : aud for the period com
inencing June sixth, eighteen hun
dred and sixty six, and ending June
third, eighteen hundred and seven
tv two. those persons who under
like circumstances shall have lost
one hand or one foot, shall be enti
tled to a pension of fifteen dollars
per month : and for the period
commencing June sixty, eighteen
hundred and sixty six, and ending
June third, eighteen hundred and
seventy two, those persons entitled
to a lesj pension than herei natter
mentioned, w ho by reason of injury
received or disease contracted in
the military or naval service of the
United States and in the line of
duty, shall have been ix'rmanently
and totally disabled in both hands,
or who shall have lost the sight ot
one eye, the other having been pre
viously lost, or who shall have been
otherwise so totally and jermanent
ly distillled as to render them utter
ly helpless, or so nearly so as to re
quire n-galar ersoual aid and at-tendaiit-eof
another person, shall be
entitled to a pension of twenty live
dollars per month ; and fur the same
period' those who under like cir
cumstances shall have been totally
and iermanently disabled in both
feet, or in one hand and one foot,
or otherwise so disabled as to be
'incapacitated for the erforniance
of any! manual labor, but not so
much as to require regular personal
aid and attention, shall lie entitled
to a pi nsioii of twenty dollars per
month!; and for the same period all
who under like circum-
11 have bt en totally and
(i h
of any part of the pension herein
after mentioned, his child or chil
dren, under sixteen years of age,
shall be entitled to receive the same
pension ad the husband or father
would have been entitled to had he
been totally disabled, to commence
from the death of the husband or
father, to continue to the widow
during her widowhood, and tq hl&
child or children until they several
ly attain the age of sixteen yetire,
and no longer, and that if the widow
remarry, the child or children shall
bo entitled from the date of renSar
riage. That the provisions of this
act are hereby extended to and
made to embrace the officers and
firivates of the Missouri State niili
ia, and the provisional Missouri
militia, disabled by reason of injury
received ordisease contracted in the
line of duty while such militiawas
co-operating with the United States
forces, and the widow or children of
anv such person, dying of injury
received or disease contracted u rider-!
the circumstances herein set forih.
shall be entitled to the benefits M
this act: Provided, That the pen
sions onaccountof such militiashall
not commence prior to the datj;. of
the passage of this act. That the
provisions of this section shall be so
interpreted as to apply to the wid
ows, child orchildren of officers and
privates of the Missouri State miJi
tia, if the husband or father was
wounded, or contracted the disease
of ivhich he died, while in theser
vMee of the government of the c mt
ed States. .
Sec. y. That the pensions of wid
ows shall te increased from, and
after t:.e twenty firth day of July,
eighteen hundred and sixty sLxr at
the rate of two dollars per month
for eaeii child under the age of- six
teen years, of the husband on ac
count of whoso death the claim has
been, or shall be, granted. And ,in
every case m which me ueceaseu
husband fias left, or snan leave, no
widow, or where his widow has
died or married again, or wheresho
has been deprived of her pension
under the provisions of the pension
law. the pension granted to such
child or children shall be incrersed
to the same amount per month that
would be allowed under the forego
ing provisions to the widow, if liv
ing and entitled to a pension : Pro
vided, That the additional pension
herein granted to the widow on
account of the child or children of
the husband by a former wite shall
be paid Jb her only, for such period
of her wiciolaowkas she has been,
or shall be, charged with the main
tenance of such child or children ;
for any teriod during which she
has not been, or she shall not be,
so charged, it shall be granted and
nized his obligations to aid In sup
port of said mother, or was by law
Bound to such support, and that a
father or a minor brother or sister
shall, in like manner and under
like conditions, be assumed to have
been dependent, except that the in
come which-was derived or deriva
ble from his actual or possible man
ual labor shall betaken into account
in estimating a father's means of
independent support: Provided fur
ther. That the iension allowed to
any person on account of his or her
dependence as hereinbefore pro
vided shall not be paid for any pe
riod during which it shall not be
necessary as a means of adequate
subsistence.
Sec. 14. That the remarriage of
any widow," dependent mother, or
dependent sister, en itled to pen
sion, s ..dl not bar hr right to such
pension to the date of her remar
riage, whether an application there
for was filed brfore or after such
ni uriage; and that on the remar
riage of any widow, dependent
mother, or dependent sister, having
a pension, such pension shall cease.
Sec. 15. That-all pensions which
have been, or w;iich may hereafter
be, granted in consequence of death
occurring from a cause which orig
inated in the service since the fourth
day of March, eighteen hundred
and sixty one, or in consequence of
wounds or injuries received or dis- j
ease contracted since said date, shall
commence from the death or dis-!
charge of the person on whose ac- !
count the claim has been or shall
hereafter be granted, or from the
termination of the right of party
having prior title to such pension :
Provided, That the application for
such pension has been, or shall
hereafter be, fiied with the Com
missioner of Pensions within five
years after the right thereto shall
have accrued ; otherwise the pension
shall commence from the date of
filing the last evidence necessary to
established the same: Provided
further, That the limitation herein
prescribed shall not apply to claims
by or in behalf of insane persons or
iiersons under sixteen years.
Sec. lu. xnat in construing ine
preceding section, the right of per
sons entitled to pensions snau oe
recognized as accruing at the date
therein statid for the commence
ment of such pension, and that the
right of a dependent father oc de
pendent brother to pension shall
not in anv case be held to have ac
crued prior to the sixth day of June,
eighteen hundred and1 sixty six;
and the right of all other classes of
claimants. If applying on account
of the death of a person who was
regularly mustered into the service,
or regularly employed in the navy,
paid to the guardian "of such child or upon the gun boats or war ves
or children: Provided further, That j sels of the United States, shall not
a widor or guardian to whom in- i be held to have accrued prior to the
r.Msinfiieiisinn hiis Uen. or shall I fourteenth day of July, eighteen
disabled in consequence of wounds
r injury received in the line of
duty ; in such temporary service;
any acting assistant or contract eur
gvon, disabled by any wound or in
jury nceived or disease contracted
in the line of duty whilo actually
jicrforming the duties of assistaut
surgeon or acting assistant surgeon
with any military force in the field
or in transitu or in hospital, or any
provost marshal, deputy provost
marshal, or enrolling oitieer, dis
abled by reason of any wound or
injury received in the discharge of
his doty, to procure a subsistence by 1
manual labor, has been since the
fourth day of March, eighhvn hun
dred find sixty one, or .shall here
after 1x3 imp.iis .-l by reason of such
I jiennajieiitly disabled in one hand,
t or onejfoot, or otherwise so disabled
as to ifc-iider their inability to per-
Lform manual labor equivalent to
the loss of a hand or loot, shad be
entitlekl to a pension ot fifteen dol
lars por month.
Sec.' -I. That from and after June
fourtli, eighteen hundred ami sev
enty two, all -jiersons entitled by
law to; a less pension than herein
after siiccified, who, while in the
military or- naval service of the
United States, and in line of duty,
shall have lost the sight of both
eyes, or shall have lost the sight of
one eye, the sight of the other hav
ing been previously lost, or shall
have lost both hands, or shall have
lost both feet, or.been permanently
and totally disabled in the same, or
otherwise so iermanently and total
ly disabled as to render them utter
ly heJl'lcss, or so nearly so as to
require the regular personal aidaud
attendance of another person, s.iali
be entitled to a jicusion or thirty
one dollars and twenty Hveevnis
hereafter U granted on account of
minor children, shall not be de
prived thereot iy reason oi ineir
being maintained in whole or in
part at the excuse of a State or the
public in any educational institu
tion, or in any institution organized
for the care of soldiers orphans.
See. 10. That in the administra
tion of the pension laws, children
born before the marriage of their
parents, ifi acknowledged by the
father before or after the marriajge,
shall bo deemed legitimate."- ' j
Sec. 11. That the widows of col
ored or Indian soldiers and sailors
who have died, or shall hereafter
die, by reason of wounds or injuries
received, or casualty received or
disease contracted, in the military
or naval service of the UnRed
States, and in the line of duty, sall
be entitled to receive the pension
provided by law without other ev
idence of marriage than satisfactory
proof that the. parlies were joined
i) marriage by some ceremony
deemed by them obligatory,! or
habitually recognized each other a-
man and wife, and -were so leoog
nized by their neighlxus, and liyed
together as such "up -to the. dat of
enlistment, when such soldier) or
sailor died in the service, irf if
otherwise, to date of death; hud
the children born of any marriage
so proved shall be deemed and held
to be lawful children ofsuch soldier
or sailor: Provided, That this 'sec
tion shall not oe applicable toany
hundred and sixty two; if apply
ing on account of a chaplaiimof the
army, their rijzht shall not held
fo have accrued prior to the ninth
day of April, eighteen hundred ami
sixty four; if applying on account
of an enlisted soldier who was not
mustured, or a non-enlisted man in
temporary service, their right shall
not be held to have accruvd prior
Indians made before a United
States agent; and declarations m
claims under the act of February
fourteenth, eighteen hundred and
seventy one, made before an officer
duly authorized to administer oaths
fnr ireneral purposes, when the ap
plicants, by reason of infirmity of
fto-p. are unable to travel : Provided
That anv declaration made before
an officer duly authorized to ad
minister oaths for general purposes
shall be accepted to exempt a claim
from the limitation a3 to date of
filing prescribed in the fifteenth sec
tion of this act.
Sec. 22. That the Commissioner
of Pensions, on application being
made to him in person or by letter
by any claimant or applicant for
pension, bounty land, or other al
lowance required by law to be ad
justed or paid by the Pension office,
shall furnish such person, free of all
expense to him or her, all such
printed instructions and forms as
mav be necessary in establishing
and obtaining said claim ; and on
the issuing of a certificate of pen
sion, or of a bounty land warrant,
he shall forthwith notify the claim
ant or applicant, and also the agent
or attorney in the case, if there be
one, that such certificate has been
issued, or allowance made, and the
date and amount thereof.
Sec. 23. That no money on ac
count of pension shall be paid to
any person, or to the widow, chil
dren, or heirs of any deceased per
son, who in any manner voluntari
ly engaged in, or aided or alietted,
the late rebellion against the au
thority of the United States.
Sec. 24. That no claim for pension
not prosecuted to successful issue
'within five years from the date of
filing the same shall be admitted
without record evidence from the
War or Navy Department of the
injury or the disease which resulted
in the disability or death of the
Ierson on whose account the claim
is made: Provided, That in . any
case in which the limitation pre
scribed by this section bars the fur
ther prosecution ot the claim, the
claimant may present, through the
Pension Office, to the Adjutant
General of the army or the Surgeon
General of the navy, evidence that
the disease or injury which resulted
in the disability or death of the
person on whose account the claim
is made, originated in the service
and in the line of duty ; and if such
evidence is. deemed satisfactory by
the officer to whom it may be sub
mitted, .he shall cause a record of
the fact so proved to be made, and
a copy of the same to be transmitted
to the Commissioner of Pensions,
and the bar to the prosecution of
the claim shall thereby be removed.
Sec. 2 . That if any pensioner, or
any person entitled to a pension,
who during the pendency of his
application therefor has died since
March fourth, eighteen hundred and
sixty one, or shall hereafter die,
his widow, or if no widow, his child
or children, under sixteen years
of age at the time of his death,
shall be entitled to receive the
accrued pension to the date of
death, such accrued pension shall
not be considered as a part of the
assets of the estate of deceased, nor
the fourth day of July, eighteen ' liable to be applied to the payment
hundred and sixty l.mr ; n applying
on account of an acting assistant or
a contract surgeon their right shall
not ie held to have aceru - i prior
to the third day of March, eighteen
hundred and sixty five; u applying
on account of persons enlisted as
teamsters, wagoners, artificers, hos
pital stewards, or farriers, their
right shall not be held to have ac
crued piior to the sixth day .of June,
eighteen hundred 'and sixty six;
anjd the right of all classes of claim
ants, applying on account of a pro
vost, marshal, deputy provost mar
shal, or enrolling officer, shall not
be held to have accrued pritfr to the
twenty li:th day of July, eighteen
hundred and sixty six: Provided,
That the right of a widow, or de
pendent mother who married prior,
am! did. not apply till subsequent
to the twenty seventh day of July,
eighteen hundred and sixty eight,
shall not be held to have accrued
prior to that date.
See, 17. That it shall bo the duty
of the Commissioner of Pensions,
or
ny
pensioner entitled to arrears of pen
sion under the fifteenth section of
this act, or, if any such pensioner
iMs-l ! it t if .-:Oi mum iiiiitrinrv
duo proof oi' ihehu according to J Ir "nth ; aR1 ;ul I'" ho
under Jikecircuuistances, shall have
lost one hand und one foot, or been
totally and permanently disabled in
the same, or otherwise so disabled
as to be incapacitated br perform
ing any manual lalior, bur not so
much its to require regular personal
aid andattendamt', shall be entitled
to a pension of twenty f.:ur do'lars
per month ; and alt rsoa.s who,
under like circumstances, shall nave?
lnt one hand, or one foot, :r hcvn
totally i;. i-i p. !": .'ly disabled in
li:e s:ioe, or . .-v. so disabled
as to render their . ipacity to per
forin manual labor equiv.dt nt to
the loss of a hnnd or foot, shall
entitled to a pension of eighteen
dollars per month : Provided, Tint
all iiersons who, under like circum-
wliifo t stances, have lost a leg above the
i . ..... : i -
Rt.iv, , .oi l iu consequence mercoi
are so disabled that they cannot use
ariitlcial limbs, shall Ihj rated in
the second class and r"ceive twenty
four dollars ier month; and ail
persoijs who, under like circum
fttancits shall have lot the hearing
ofboth ears, shall be entitled to a
pension of thir'ecn dollars ier
month: Provided, That the pen-
July, eighteen hun-' um -r a disability not permanent,
ight.u n7ess the per-' tiuvlent in degree to any provid
mdeu or contra- ud i for in this section, shall, during
the continuance oi the disability lu
such degree, be at the same rate as
that herein provided for a perman
ent disability of like degree: Pro
vided further. That, except in eases
of ermanent sjiecific disabilities,
no increase of pension shall be al
lowed, to commence prior to the
date of the examining surgeon's
certificate; and that in this, as well
as alt other cases, the certificate of
an examining surgeon, or of a board
of examining surgeons, shall be
subject to the approval of the Corn-
such forms and legu'ations as areor
may be providt d by and in pursu
ance of law, be placed upon the list
of invalid iieiisionors of the United
States, and Ik- entitled to receive,
for a total disabily or a jermanent
sjiecific disability, such iiension as
is hereinafter provideiLin such coses,
and for an interior disability, except
in :ixsof permanent tqieci fie dis
ability for which the rate of pension
is expressly provided, an amount
proportionate to that provided for
intalj disability, to commence as
h.Tcirafter provided, and to con
tinue during the existence of the
disability : Provided, That no claim
of a Statu militiaman, or non-enlist--.ed
ierson, on account of disability
irom wounds or .njury received in
Lattle with rebels or Indian
temporarily renderingservice, shall
Ixs valid unless proMvuted to a sue-
cessful issue prior to the fourth day
of July, eighteen hundred and sev- !
enty four: And provided further, j
That no per-on shall be entitled to t
a pension by reason of wounds or j
injury received or discaso contract
ed in the service of the United ,
States subsequent to tho twenty-1
sevenin uay oi July
dred and sixty ei
s m who was wounded
the disease was in the lino of duty ;
and. if In the military service, was
at the time actually in the field, or
on the march, or at some lt, fort,
or garrison, or en route by direction
of comiH'tent authority to some post,
fort, or garrison ; or, if in the nav:l
service, was at the time borne on
the Ixxiks of some ship or other ves
sel i.f the United States, at sea or in
the Harbor, actually m commission,
or was at some naval station, or on
, his way, by direction of competent
authority, to the United States, or
to some other vessel, or naval sta
tion, or hospital.
Sec. 2. That the pension for total
usability shall be as follows, name
i ): For lieutenant colonel and all
...dicers of higher rank in the mili
tary service and in the marine
corns, and for captain, and all offic
ers of higher rank, commander,
surgeon, paymaster, and chief en
gineer, reietively ranking with
commander bylaw, lieutenant com
manding and master commanding,
in Lhe naval service, thirty dollars
pel' month; for major in the mili
tary service aud in tho marine
corja, and lieutenant, surgeon, pay
. master, and chief engineer, respec
tively ranking with lieutenant by
law, and passed assistant surgeon
.in the naval bervice, twenty five
dollars per month ; for captain in
the military service and in the ma
rine corps, chaplain in the army,
and provost marslial, professor of
t matbemaths, master, assistant sur
geon, assistant paymaster, and
chaplain in the naval service, twen
ty dollars ier month ; for first lieu
tenant in the military service and
in the marine corps,'acting assistant
or contract surgeon, and deputy
provost marshal, seventeen dollars
ler month ; for second lieutenant in
ihu military service and In the ma
rine corps, first assistant engineer,
tnsign, and pilot in the naval ser
vice, and enrolling officer, fifteen
dol'ars per month ; for cadet mid
shipman, paisod midshipman, mid-
missioner of Pensions.
Sec. o. That the rate of eighleen
dollars per month may be propor
tionately divided for any degree of
disability established for which the
second section of this act makes no
provision.
Sec.'d. That the officers absent on
sick leave, and enlisted men absent
on sick furlough, or on veteran fur
lough, while with the organization
to which they telong, shall be re
garded in the administration of
tho pension laws In the same man
ner as if they were inthe field or
hospital.
Sec. 7. That the period of service
of all persons entitled to the benefit
of the pension laws, or on account
of whose death any person may be
come entitled to a pension, shall be
construed to extend to the time of
j disbanding the organization to
which such person belonged, or un
til their actual discharge for other
cause- than the expiration of the
service of such organization.
Sec! 8. That if any person em
braced within the provisions of the
first section of this act has died since
the fourth day of March, eighteen
hundred and sixty one, or shall
hereafter die, by reason of any
wound, injury, or disease which,
under the conditions and limita
tions of said section, would have
entitled him to an invalid pension
had he been disabled, his widow, or
if there be no. widow, or in case of
her death, without payment to her
plication by or on btnait ot any
person entitled to receive the ac
crued pension due such pensioner
at his or her death, to pay or cause
to Ik? paid t'ro such pensioner, or
other person, all such arrears of
pension as the pensioner may be
entitled to, (if dead) would have
been entitled to under the provis
ions of said section had he or she
survived ; and no claim agent or
other persons shall be entitled to
receive any compensation lor ser
vices in making application for ar- j
rears of pension. i
Sec. IS. That thermovisions ofj
this act in respect to the rates of!
pension pension are hereby extend-;
ed to pensioners whu-e right to j
pension accrued under general acts !
passed since the war of the Re Vol u- j
tion aud prior to the fourth of;
March, eighteen hundred and sixty ;
one, to take effect from and after ,
the twenty fifth day of Jtdy, eigh- ;
teen hundred and sixty sfx; and j
that the widows of revolutionary ,
soldiers and sailors receiving a loss '
sam shall be paid at the rate of;
eight dollars per month from and'
upon any application by letter
claims on account ot persons who i otherwise by or on hehall ot
shall have enlisted after the passage
of this act.
See. 12. That if any person .has
died, or shall hereafter die, leaving
a widow entitled to a pension by
reason of his death, and a child or
children under sixti en years of age
by such widow, and it shall be duly
certified under seal by any court
having probate jurisdiction, that
satisfactory evidence has been pro
duced before such court uponjdue
notice to the widow that the widow
aforesaid has abandoned the cafe -of
such child or children, or that !she
is an unsuitable person, by reason
of immoral conduct, to have j the
custody of th. same, or on presen
tation of satisfactory evidence there
of to the ComniK-ioiH r of Pensions,
then no pension shall be allowed to:
such wi'do.v uutii such child or
children shall have attained tluvage
of sixteen years, any provisioiis of
this act or .of any previous "acf to
the contrary notwithstanding; tiud j
the said child or chiklrtn aforesaid j
shall be pensioned in the s.,ine
manner, and from the same date,
as if no widow had survive I. such
person, and such pension shall be
paid to the gurdian ofsuch child or
children: Provided, That ifini;ny
case payment of pension shall liuve
been made to the widow, the pen
sion to the child or children shad
commence from the date to which
her pension has been paid. ' i
Sec. 13. That if any person om-
!-rae-d within the provisions of the
first section of this act has died
since the fourth day of March, eigh
teen hundred and sixty one, or shall
herealter die, by reason of anv
wound, injury, casualty, or disease,
which, under the conditions 'and
limitations of said section, would
have entitled him to an invalid
pension, and has not leftT or shall
not leave a widow or legitimate
child, but has left or shall leave
other relative or relatives who were
dependent uKn him for support at
the date of his death, such relative
or relatives shall be entitled inthe
following order of precedence to re
ceive the same pension, as such per
son would have been entitled to hadi
he been totally disabled, to ebm
mence from the death of such per
son, namely, first, the mother;
secondly, the, father; thirdly, or
phan brothers and sisters underjsix
tecn years of age, -who shall be ben
sined jointly: Provided, That winere
orphan children of the same parent
have different guardians, or a por
tion of them only are uuder guar
dianship, the share of the joint pen
sion to which each ward shajl be
entitled shall be paid to the guar
dian of such ward : Providedr 'jthat
if in any case said person shall Have
left father and mother who arcj de
pendent upon him, then. onHthe
death of the; mother, the father
shall become entitled to the pension,
commencing from and alter. the
death of the mother; and upon; the
death of the mother and father, or
upon the death of the father and the
remarriage of the mother, the de
pendent brothers and sisi n under
sixteen years of age sha.l jointly
become entitled to such pension
until they attain the age of sixteen
years respectively, commencing
from the death or remarriage of the
party who had the prior right to
the pensipn: Provided, That a
mother shall be assumed' to have
been dependent upon her son. with
in the meaning of this act, If.'atj the
date of his death, she had no other
adequate means of support than! the
ordinary proceeds or her own Man
ual labor and the contributions of
said son or of any other persons, not
legally bound to aid in her support;
and if, by actual contributions or in
any other way, the son had reeog-
ot the debts ot said estate in any
I ease whatever, but shall insure to
j the s'i!e and exclusive benefit of the
: widow orchildren ; and if no widow
or child survive, no payment what
i soever of the accrued pension shall
I be made or allowed, except .co much
as may be necessary to reimburse
j the person who bore the expenses
of the last sickness and burial of the
i decedent, in ises where he did not
leave sufficient assets to meet such
expenses.
j Sec. 2G. That the failure of any
i pensioner to claim liLs or her pen
! sion for three years after the same
shall have become due shall be
' deemed presumptive evidence that
such pension has legally terminated
j by reason of the pensioner's death,
j remarriage, recovery from the disa-
bility, or otherwise, and the pen
' shiner's name shall be stricken from
' the list of pensioners, subject to the
i right of restoration to the same on
! a new application by the pensioner,
or, if the pensioner is dead, by the
widow or minor children entitled
to receive the accrued pension, ac
companied by evidence satisfaetori-
ly accounting forthe failure to
claim such pension, and by medical
evidence in cases of invalids who
or other person ; instrumental In
prosecuting any claim for pension
or bounty land shall demand or re
ceive any other compensation for
his services in prosecuting a claim
for pension or bounty-land than
such as the Commissioner of Pen
sions shall direct to be paid to him,
not exceeding twenty five dollars;
and any agent or attorney or any
other person instrumental in prose
cuting t any claim for pension or
bounty-land, who shall directly or
indirectly contract for, demand, or
receive or retain any greater com
pensation for his services or instru
mentality in prosecuting a claim for
pension or bounty land than is
hereinbefore provided, or who shall
wrongfully withhold from a pen
sioner or claimant the whole or any
part of the-pension or claim allowed
and due such pensioner or claimant,
or the land warrant issued to any
such claimant, shall be deemed
guilty $f a high misdemeanor, and,
upon conviction thereof, shall, for
every such offense, be fined not ex
ceeding five hundred dollars, or
imprisoned at hard labor not ex
ceeding two years, or both, at the
discretion of the court. And if any
guardian having the charge and
custody of the pension of his ward
shall embezzle the same in violation
of his trust, or fraudulently convert
the same to hisown use, he shall be
punished by fine not exceeding two
thousand dollars or imprisonment
at hard labor for a term not exceed
ing five years, or both, at the direc
tion of the court.
Sec. 32. That any pledge, mort
gage, sale, assignment, or transfer
of any right, claim, or interest in
a ly pension which has been or may
nereaiter te granted, shall be void
ana oi no enect ; and any person
acting as attorney to receive and
receipt for money for and in behalf
of any person entitled to a pension
shall, before receiving said money,
take and subscribe an oath, to be
filed with the pension agerit, and
by him to be transmitted, with the
vouchers now required by law, to
the proper accounting officer of the
treasury, that he has no interest in
said "money by any pledge, mort
gage, sale, assignment, or transfer,
and that he does not know or be
lieve that the same has been so dis
posed of to any person ; and anyT
person who shall falsely take the
said.oath shall be guilty of perjury,
and, on conviction, shall be liable
to the pains and penalties of perjury.
sec. o-j. inat any person who
shall knowingly or willfully in any
wise procure the making or presen
tation of any false or fraudulent
affidavit concerning any claim for
pension or payment thereof, or
pertaining to any other matter
within the jurisdiction of the Com
missioner of 'Pensions, or shall
knowingly or willfully present or
cause to be presented at any pension
agency any power of attorney, or
other paper required as a voucher
in drawing a pension, which paper
shall bear a date subsequent to that
on which it was actually signed or
executed, sucli person so otlending
shall be deemed guilty of a high
misdemeanor, and shall, on con
viction there jf, be punished by a
fine not exceeding five hundred
dollars, or by imprisonment for a
I term not exceeding three years, or
Piy both, at the discretion of thb
court before whom such conviction
shall b3 had ; and no sum of money
due, or to become due, to any pen
sioner under the laws aforesaid,
shall be liable to attachment, levy,
or seizure, by or under any legal or
equitable process whatever, whether
the same remains with the Pension
Office, or any officer or agent there
of, or is in course of transmission 'to
the per.sioner entitled thereto, but
shall insure wholly to the benefit of
such pensioner.
Sec. 31. That in all cases of ap
plication for the payment of pen
sions to invalid pensioners to the
fourth day of September of an old
year, the certificate of an examin
ing surgeon duly appointed by the
Interior be, and is hereby, author
ized to appoint a duly qualified sur
geon as medical referee, who, under
the control and direction of the
Commissioner . of : Pensions, shall
have enrrge of the examination and
revision of the reports of examining
surgeons, and such other duties
touching medical and snrgical ques
tions in the Pension Office, as the
interests of the .service may de
mand ; and his salary shall be two
thousand five hundred dollars per
annum. And the Secretary of the
Interior is further authorized to
appoint such qualified surgeons
(not exceeding four) as the exigen
cies of the service may require, who
may perform the duties of examin
ing surgeons when so required, and
whoshall be borne Upon the rolls as
clerks of the fourth class : Provided,
That such appointments shall not
increase .he clerical force of said
bureau.
, Sec. 39. That all acts and parts of
acts inconsistent or in conflict with
the foregoing provisions of this act
are hereby repealed.
Approved, March 3, 1873.
General nature No. 64. J
AX ACT to extend for four years the
act establishing the Board of Com
missioners of Claifns, and the acta re
lating thereto.
Bo it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled.
That the second, third, fourth, fifth, and
sixth sections of the act entitled "An
act making appropriations tbrthe sup
port of the army for the year ending
June thirtieth, eighteen hundred and
seveuty two, and for other purposes,"
approved March third, eighteen hun
dred and seventy one, and the act en
titled " An act to authorize the commis
sioners ot claims to appoint special
commissioners to take testimony, and for
other purposes," approved May elev
enth, eighteen hundred and seventy
twe, bo, and the same are hereby, ex
tended and continued in force for four
years from the tenth day of March, anno
Domini eighteen hundred and seventy
three.
Sec. 2. That thee ommissioners of
claims shall not receive any petition for
the allowance ofany claims unless such
petition shall be presented to and filed
with them on or before the third day of
March, eighteen hundred and seventy
three ; and all claims not so presented
shall be deemed to be barred forever
thereafter..
Approved; March 3, 1873.
General nature No. 05.
AN ACT to amend an act entitled " An
act making appropriations for tho
support of the army for the year end
ing June thirtieth, eighteen hundred
and seyenty," approved March third,
eighteen hundred and sixty nine.
Be it enacted by theSenatt-and House
of Representatives of the United States
of America in Congress assembled.
That the sixth section of an aet entitled
" An act making appropriations for the
support of the army for the year end
ing June thirtieth, eighteen hundred
and seventy," approved March third,
eighteen hundred and sixty nine, is soi
far modified as to authorize and permit
the President of the United States to
nominate, and by and with the advice
and consent of the Senate to appoint,
one assistant adjutant general, with the
rank, pay, and emoluments of a major
in the said department.
A improved, March 3, 1873.
Commissioner of Pensions, or of a
shall have died, upon a similar ap- i rvcre not exempt from biennial ex-
I animations as to the continuance of
I the disability.
i Sec. 27. That when the rate, com
; mencemenC, and duration of a pen
sion allowed by special act are fixed
; by such act, they shall .not be sub
; ject to be varied by tne provisions
j and limitations of the general pen
sion laws, but when not thus fixed
the rate and continuance of the
pension shall be subject to variation
. i . . -1 1. . i .i i
iiinc-oruauce wiin me general laws,
and its commencement shall date
from the passage of the special act,
and the Commissioner of Pensions
shall, upon satisfactory evidence
that fraud was perpetrated in ob
taining i-uch special act, suspend
payment thereupon until the pro
priety of repealing the same can be
considered by Congress.
Sec. 28. Tliat the term of limita
tion prt scribed by sections sixteen
and twenty three of thi3 act shall,
in" pending claims oi Indians, b
extended to two ye;
niter the passage of th
proot wiiicn Mas neretoiore been
taken before an Indian agent, or
before an officer of any tribe, com-
after the twenty seventh day of 1 potent according to the rules of said
iiuuwreu suio, sixty j irioe to niuniuisier oatiis, snan ue
f Indians, be
eais from aid
lis act; that ill!
July, eighteen
eight
Sec. ID. That in ali casts in which
the cause of disability or death orig
inated in the service prior to the
fourth day of March, eighteen hun
dred and sixty one, and an appli
cation for pension shall not have
been filed within three years from
the discharge or death of the person
on who.se account the claim is made,
or within three years of the termin
ation of a pension previously grants
ed on account of the service and
death of the same person, the pen
sion shall commence from the date
of filing, by the party prosecuting
the claim, the last paper requisite
to establish the same: Provided,
That no claim allowed prior to the
sixth day of June, eighteen hun
dred and sixty six, shall be affected
by anything herein contained.
Sec. 20. That nothing in this act
shall be so construed , as to allow
more than one ension at the same
time to tne same person or to per
sons entitled jointly ; but any en
sioner who shall so elect may sur
render his or her certificate, and
receive,. in lieu thereof, a certificate
for any other pension to which he
or she would have been entitled had
not the surrendered certificate been
issued: Provided, That ali pay
ments previously made for any
period covered by the new certifi
cate shall be deducted from the
amount allowed by Baid certificate.
Sec. 21. That declarations of pen
sion claimants shall be made before
a court of record, or before some
officer thereof havinsr custody of its
seal, said officer hereby being fully
authorized and empowered toad-
minister and certify any oath or af
firmation relatinsr to anv nension or
application therefor: Provided,
That the Commissioner of Pensions
may designate in localiies more
than twenty five miles distant from
any place at wnich such court is
hoiden, persons duly qualified to
administer oaths, before whom de
clarations may be made and testi
mony taken, and may accept de
clarations of claimants residing in
foreign countries, made before a
United States minister or consul, or
before some officer of the-country
duly authorized to administer oaths
for general durposes, and whose of
ficial character and signature shall
be duly authenticated by 'the cer
tificate of a United States minister
or consul; declarations in claims of i
held and regarded by the Pension
Office, in the examining and deter
mining of claims of Indians now on
file, as of the same validity as if
taken before an officer recognized
by the law at the time as compe
tent to administer oaths; that all
proof wanting in said claims here
after, as well as in those filed after
the passage of this act, shall be
taken before the agent of the tribe
to which the claimants respectively
belong; that in regard to dates, all
applications of Indians now on file
be treated as though they were
made before a competent officer at
their respective dates, and if found
to be in all other respects conclu
sive, they shall be allowed ; and that
Indians shall be exempted from the
obligation to taxe the oath to sup
port the Constitution of the United
States, required by the act of Feb
ruary fourteenth, eighteen hundred
and seventy one, providing for pen
sions to certain soldiers and sailors
of t he war of eighteen hundred and
twelve, and to widows of deceased
soldiers.
Sec. 29. That the President shall
appoint in the Department of the
interior, by and with the advice
and consent of the Senate, a compe
tent person, who shall be called the
Deputy Commissioner of Pensions,
with au annual salary of twenty
five hundrexl dollars, who shall be
charged with such duties in the
Pension bureau as may be prescrib
ed by the Secretary of the Interior
or may be required by law ; and in
case of the death, resignation, ab
sence, or sickness of the Commis
sioner, his duties shall devolve upon
the Deputy Commissioner until a
successor shall be appointed, or
such absence or sickness shall cease.
Sec. 30. That the Commi&sionerof
Pensions is hereby authorized and
empowered to detail, from time to
time, clerks In his office to investi
gate suspected attempts at fraud on
thegovernmentofthe United States,
through and by virtue of the pro
visions of this or any other act of
Congress providing for pensions,
and to aid in prosecuting any per
son so offending, with such addi
tional compensation as is customary
in cases of special service ; and that
any person so detailed shall have
the power to administer oaths and
take affidavits in the course of anv
such investigation.
Sec. 31. That no agent or attorney
surgeon of the army or navy, stating
i thecontinuance ot the disability for
which the pension was originally
granted, (describing it,) and the
degree of such disability at the time
of making the certificate, shall be
required to accompany the vouch
ers, and a duplicate thereof shall be
filed in the office of the Commis
sioner of Pensions ; and if in a case
of continued disability it shall be
stated at a degree below that for
which the pension was originally
granted, or was last paid, the pen
sioner shall only be paid for the
quarter then due at the rate stated
in the certificate : Provided, That
when a pension shall be granted for
a disability consequent upon the
loss of a limb, or other essential
portion of the body, or for other
cause which cannot in whole or in
part be removed, or when a disa
bility is certified by competent ex
amining surgeons, to the satisfac
tion of the Commissioner" of Pen
sions, to have become permanent in
a degree equal to the whole rate of
pension, the above certificate shall
not be necessary to entitle the pen
sioner to payment : And provided
further, That this section shall not
be. construed to prevent tho Com
missioner of Pensions from requir
ing a more frequent examination if,
in his judgment, it is necessary.
Sec. 35. That the Commissioner
of Pensions be. and he is hereby.
empowered to appoint, at his dis
cretion, civil surgeons to make the
periodical examinations of pen
sioners which are, or may be, re
quired by -law, and to examine ap
plicants for pension, where he shall
deem an examination by a surgeon
appointed by him necessary; and
the fee for such examinations, and
the requisite certificates thereof in
duplicate, including postage on
sucn as are transmitted to pension
agents, shall be two dollars, which
shall be paid by the agent for pay
ing pensions in the district within
which the pensioner or claimant
resides, out of any money appro-
priatea lor tne payment ot pensions,
under such regulations as the Com
missioner of Pensions may pre
sence.
(iKXEKAL NATURE No. &.!.
AN ACT to amend an act entitled " An
act to establish the Department of
Justice, and for other purposes."
Be it enacted by the Senate and House
of Representatives of tho United States
of America in Congress assembled,
That the twelfth section of the act en
titled An act to establish the Depart
ment of Justice, and for other purpo
ses," approved June twenty second,
eighteen hundred and seventy, is here
bv amended so as to read as follows:
" That it shall be the duty of the Attor
ney General to make to Congress, at the
commencement of each regular session
of Congress, a report of the business of
the said Department for tho last prece
ding fiscal year, and of any other mat
ters appertaining thereto, that he may
deem proper, including a statement of
the several appropriations now, or
whicl may hereafter be placed under
its eontroi, tho amount appropriated,
and a detailed statement of the amounts
used for defraying the expenses of the
United btates courts in each district
also the statistics ot crime under the
laws of the United States, and a state
ment of the number of causes, civil
and criminal, pending during the pre
ceding vear in each of the several courts
of the United States.
Sec. 2. That. the Secretary' of the In
terior be, and he is hereby, authorized
and required to furnish to the head of
the Department of Justice, from time
to time, as they may be published.
sufficient number of the statutes of the
United States, and the reports of the
Supreme Court ot the United States, to
be by him distributed to such orficcsrs
of the courts of the United States as are
now or mav hereafter be by law enti
tied to receivo thein ; and all laws or
parts of laws authorizing the distribu
tion of such statutes and reports of the
Supreme Court to the officers of the
courts of the United States by the head
of any other Executive Department of
the, government be.-auu the same are
hereby repealed. i
Sec. 3, That a register of such books
shall be kept, under the authority of
the head of tho Department of Justice,
showing the quantity of each kind re
ceived by him in pursuance of this act :
and it shall be his duty to cause to be
entered in such register, and at the pro
per time, when, where, ana to whom
the same, or anj'.part of them, have
been distributed and delivered, and to
report the same to Congress in his an
nual report. j
Approved, March 3, 1S73.
General nature No. 77.) 4
AN ACT to provide for the establish
- ment of a military prison, ' and for its
government.
Be it enacted by tha Senateand ITou.-e
of Representatives of tho United Stntea
of America in Congress assembled. That
there shall be established at Kcc'c Is
land, in the State of Illinois, a prison for
the confinement and reformation of
offeuders against the rules, regulations,
and law for the government of the
army or the United States, in which
shall be securely confined, and employ
ed at labor, and governed in the manner
hereinafter directed, all offenders con
victed before any court martial or mili
tary commission in the. United States,
and sentenced according to law to im
prisonment therein, j
sec. Z. mat me secretary oi
shall organize a board of five members,
to consist of three officers oT the army
ami two ' nersons from civil life, who
shall adopt apian for the building of
such prison, and who shall frame regu
lations for the government of the pris
oners, in accordance with the provisions
of this act. The said commissioners
from civil life shall hold their offices
for the term of three years, and shall be
paid five dollars a day while on duty,
and necessary travelling expenses ; aud
the said officers of the army shall, at all
times, be subject to removal by the
Secretary of War.
Sec. 3. That the Secretary of War
shall, with said c nnmissioners, semi
annually, and as muchoftener as may
be deemed expedient, visit said prison
for the purposes of examination, in
spection, and correction ; and they shall
inquire into all abuses or neglects of
duty on the part of the officers or other
persons in chargoof the same, and make
such changes iu tho general discipline
of the prison as thev may hold to bo
Sec. 4. That tho officers of the prision
shall consist of a commandant and such
subordinate officers as may be nice jsiry,
a chaplain, a surgeon, and a clerk, who
shall be detailed by the Secretary of
War from the commissioned officers of
tho army; and a sufficient number of
enlisted men shall be detailed by th
Secretary of War to act as turnkeys,
guards, and assistants in tho prison.
Sec. 5. That mis of the inspectators
of tho army shall, at least once in three
months, visit the prison for the purpose
of examining into the books and alt the
affairs thereof, and ascertaining whether
the laws, rules, and regulations relating
thereto and complied with, tho officers
are competent and faithful, and the con
victs properly governed and emplyed,
and at the same time treated with hu
manity and kindness. And it shall be
tho duty of the inspector, at once, to
mako full report thereof lo tho Secretary
of War. ' , .
Sec. 0. Thiit before the commandant
entmiinnntlio duties of his office he
shall give bond, with sufficient sureties,
in a sum to be lixed by the Secretary ot
War, to be approved by him, candi
tioned that he shall faithfully account
for all money placed in his nanus lor
the use of the prison and for tTfaithful
discharge of all his duties as command
ant. Ho shall have command of the
prison; shall have tho charge and em
ployment of the prisoners, and the cus -tody
of all the property of tho govern
ment connected with the prison, lie
shall receivo and pay out all money
used for the prison, and shall cause to
bokept, in suitable books, complete ae
corints of all the property, expenses,
income, business, and concerns of the
prison ; and shall make full and regular
reports thereof to tho Secretary of War;
and shall, under the direction and with
the approval of the Secretary of War,
employ, for the benefit of tho United
States,' tho convicts at such labor and in
such trades as may bo deemed best for
their health and reformation. lie shall
have power to sell and dispose ofany
articles manufactured by the convicts,
and shalt regularly account for the pro
ceeds thereof, and shall give bond and
security for tho faithful keeping and
accounting of all moneys and property
coming to his hands as such comman
dant.; He shall take note and make
record of tho good conduct of tho con
victs,! and shall shoitton tho daily time
of hard labor for those who, by their
obedience, honesty, industry, or general
good I conduct,' earn such favors; and
the Secretary of War is authorized and
directed to remit, in part, the sentences
ofsuch convicts, and bi give thorn an
honorable restoration to. duty incase
ed iy civil action inthe n.-i,,,.. .
Uni'M StatoMnihe circuit or ,r "
court of the United State ir 'r''1
in tlie district where the viol-, i '"'i
act biay havo been coinijUl',j "''Wu,
pershn r corporation resi.i,.,, , r'r lk
on itis business: and itshnll t. '!,' 'ar.Ti"
of all United States nisirMfcuu ' , ;'
deputies and sulxirdinats, t., ,,r '
all violations of thin u. t ',. i !','""
comjc to their notice or knowlc'i '
See, a. That any person r c., ,"",' .
entiiou to Hen
the lir.
''-' Kill.... 1
; ' 1
under
or tins a-it may enforce
nin nn T11041 111 rim .!-... ..
-Lulled States hoiden within n... ,
whejre tho food, en re, and custi '
have been furnished, or ti... . ..-
eusdodian of the property i-esihJ'-' r'
H:tiill iMiu t mIi:l1I liiv .. 1...;,..... . ' -!.
smuiuio process i r Hie enf.tr,-,
sue lien by salo or utlirrwiM
''IV;
4i;
tiesi enarges, ami 'expense.
ings uuder this act.
SuV. 4. That this act sli.Ul tl
elfe-t until the first u;iy
eigljtccu hundred and sc,.lliv
Approved, Man h 3, Ist.v '
of,.
Or;
tu-,
ii KS Kit A 1. NATCllK-N'n si
AN ACT to i.taKe San -1 ,,, ';.
Sate of California, a port f .
Be it enacted i theSciiarcan. if
of Representative of tho L'nn...i c
of America in emigres ,,.',
Thiit the counties of Stnta l'.ar!,u',
Angeles, Sa:i Bernardo, au,i s ,,, i.'
in tho State of California, niv In ,,
tacneu irom mo c riiertiou ,,;
Sanj Francisco ; ami all ih i, .
ports, harbors, rivers, and
saideounties slmll cuiMiiu
1,
n
v.i:M,
tionj district by tho num.. ,,r .i
; and the citv t i s ,,j .
go. wn tne nay oi aau D.nri i i. .
extujlilishod as the solo poi i oi ,...
,i:,.t!,. . .i . . i
uiauii;b,-aiiu tun 4 rt'suic-tt
biiuuu oiitwo, ii- aim wnii in,
audi consent of the Senate, shall
a collector, to reside at s.ii.j j,,,,.
cjnjpcusalion shall bo tlutv i
dollars per annum.
Sc. a. That the Secret.tr v!
ireasuary snau nave power t- j,v
sue 1 inspectors, Weu heis, , '
nlei.surers, aud other officers ;-Tju
necessary for the collection (,f (;.',
eh ue at said port; and lhe' eu!,
sail port may,' with the appro) a ',;
said ' Secretary, appoint iit.- ,.. ',
whoso compensation .shall Lc ,,,. .i,
sand dollars each per annum, lor ,
of tho ports of San Pedro au l ,
li.ulharu, wnicn siiall coiitiiua
pOrfs of delivery. ,
AjpprovcU, March ;!, 1ST:'.. y
I:.-
;'-i'i' .:
w a v,
''."'s-.ll !
I'
t i
See. GGt That the Commissioner
of Pensions be authorized to organ
ize, at his discretion, boards of ex
amining surgeons, not to exceed
three members, and that each mem
ber of a board thus organized who
shall have teen actually present
and made, in connection with other
members or member, an ordered or
periodical examination, shall be
entitled to the fee of one dollar, on
the receipt of a- proper cestificate of
said examination by the Commis
sioner of Pensions.
Sec. 37. That examining surgeons
duly appointed by the Commis
sioner of Pensions, and such other
qualified surgeons as may be em
pioyed in tne tension Umcj?, may
be required by him, from time to
time, as he shall deem for the in
terests of the government, to make
special examinations of pensioners,
or applicants for pension, and such
examinations shall have precedence
over previous examinations, wheth
er special or biennial ; but when in
justice is alleged to have been done
by an examination so ordered, the
Commissioner of Pensions may, at
his discretion, select a board of
three duly appointed examining
surgeons, who shall meet at a place
to be designated by him, and shall
review such cases as may be ordered
before them on appeal from any
special examination as aforesaid,
and the decision of such board shall
befinlon the question so submit
ted thereto, provided the Commis
sioner approve the same. The com
pensation of each of such surgeons
shall be three dollars, and shall be
paid out . of any appropriations
made for the payment of nensons.
in the same manner as the ordinary
fees ot appointed - surgeons are or
may be authorized to be paid.
Sec. 33. That the Secretary of the
General nature Xo. G7.
ACT fixing the time for tho elec
tion Representative from the State of
California to the Forty fourth Con
gress. Be it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled,
That on the first Wednesday in Sep
tember, in the year eighteen "hundred
and seventy four, there shall be elected
in each congressional district in the
State of California one Representative
to represent said State in the Forty
fourth Congress of tho United States.
Approved, March 3, 1873.
General nature Xo. 68.
AX ACT jto authorize the unlading of
steamships at night.
Be it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled. That
it shall bo the duty of the collector of
customs (with the concurrence of the
naval officer, if there be one) of any
port at which a steamship from a for
eirn port jor place may arrive, upon or
after the issuing of a general order, to
grant, upon proper application therefor,
a special license to unlade the cargo of
said vessel at night, that is to say, be
tween sunset and sunrise; but before
any such; special license is granted, the
master, agents, or consigtees of the
vessel shall execute and deliver to the
said collector a good and sufficient
bond, to be approved by him, .condi
tion to indemnify and save. the said col
lector harmless from any and all losses
and liabilities which may occur or be
occasioned by reason of the granting or
such special license : And provided,
That any liability of the master or own
er of any such steamship to the owner
or consignee of any merchandise lan
ded from said vessel shall not bo alleo
ted by the granting of such special li
censor of any general order, but such
liability shall continue until said mer
cbandise is properly removed from the
dock whereon the same may be landed ;
and the collector, under such general
regulation as the Secretary of the
Treasury may prescribe, shall fix a uni
form and reasonable rate of compensa
tion for like service, to b paid by the
master, owner, or consignee, whenever
such special license is granted, and
shall collect and distribute the same
among the inspectors assigned to super
intend the unlading of the cargo.
Approved, March 3, I87.J. t
General kaube-Xo. 79.
AN ACT to create a port of delivery at
La Crosse, in Wisconsin, and to pro
vide for a surveyor of customs thereat
Be it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled, That
La Crosse, in the county : of La Cresse,
and State of Wisconsin, be, and is here
by, constituted a port of deli very within
the collection district of New Orleans :
and there shall be appointed a surveyor
of customs for said port, who shall per
form the duties orsucnotnee ana receive
the compensation of not exceeding
twelve hundred dollars per annum as
salary. - i ,
Approved, inarch 3, W3.
the same is t merited ; and in case any
convict shall disobey the lawfull orders
of the officers of the prison, or refuse to
complv with the rules and regulations
thereof, he may bo placed in solitary
confinement, and the commandant shall
at once report the ease to the Secretary
of War, who shall direct tho inspector
to make fall examination and report of
the matter at the next inspection ; but
in no ease shall any prisoner bo sub
jected to whipping, branding, or tho
carrying of weights lor the purpose of
discipline, or for producing penitence ;
and every prisoner, upoiir being dis
charged from prison, shall lie furnished
with decent clothing.
See. 7. That the use or newspapers
and books shall not be dedied the con
victs at times when not employed ; and
that unofficial visitors shall bo admitted
to the prison under such restrictions as
the board of commissioners may im
pose. Tho prisoners shall not be de
nied tho privilege of communicating
with their friends by letter, aud from
receiving like communications from
them, all of .which shall bo subject to
the inspection of. the commandant, or
such officer as ho may assign to that
duty
See). 8. That the prisoners shall be sup
plied! with ample , and clean bedding,
and with wholesome and sufficient food,
but When in hospital or under discipline
their diet shall be proscribed by the
proper authority. The prison shall be
suitably ventilated, and each prisoner
shall ihave a weekly bath of cold or tepid
water, which shall be applied to the
whole surface of the body, unless the
surgeon shall direct otherwise for the
health of the prisoner.
See. 9. That no officer of the prison,
or other person connected therewith,
shall be concerned or interested, direct
ly or indirectly, in any contract, pur
chase, or sale made on account of the
prison.
See1. 10. That any officer who shall
sulfcr a convict to escape or shall in any
way consent to his escape, or shall aid
him to escape, or in an attempt tooacape.
shall, upon conviction, be dismissed
from the service, and suffer such other
punishment as a court martial may
mllict. -v
Sec. 11. That any soldfer or other
person employed in tne prison wiio
shall suffer a convict to escape, or shall
in any way consent to. his escape, or
shall aid hiin to escape, or in an attempt
to escape, shall, upon conviction by a
court martial, bo confined therein not
less than one year.
Seel 12. T.hat all prisoners under con
finement in said military prisons un
dergoing sentence of court martial shall
be liable to trial and punishment by
courts martial under tho rules-and arti
cles of war for olfeneos committed dur
ing the said confinement.
General natpkk-
an Av i relating to mo iract ,i , ...
of k barrel containing Icriiientcl ,,,
Bt it enacted bv tin Senate :m !l ,
o'f Representatives of (lie f'ni;,., s;-
of (America in Coiiijiv.-s ai'-in
That section eighteen o the a, i m : ,
"Ap act to reduce duties on iMl.".V
and! to reduce intern il i:Uis, :;:.,' . '
othfr purpose," niprovel .Ihk-nv
eighteen hundred ami seventy. tv.( :",
amended by striking out the j,r,,x :,', '.
sai( section, and inserting in ii, -n o,, ,,
of tjho following: lu cstimatim; ;,.
computing tho internal tax mi ,iIh,!.,
ale, porter, and other i r in nt-
'by jivhatever name such liquors n, u '
culled, lhe fractional pari-. a !,.,.,,
shall be halve, thirds, ipiaiiei'., . x ,
ami eighths ; nod any ii.ieii.m ,1 j, ..
a harrel-vontaining les-i than m.-c.;.,
shall be accounted one .:.'i!!t ; ,,.
than one eighth, and not m. w in...,
sixth, shall bo accouiiteil iu- t V:..
more than one sixth, and not u,., ,. (;
oner fourth, shall he acconute! ...
foil fill ; nuire than one ,mh .n, I .
moj-o than one third, shall In-a. u---,
onejlhird; more than one tlnj-.l. aid i
mof-e than one half, shall hi ;i'mi:in:t:
onefhalf; more than otic half, ami r, :
mofe than one barrel, shall Ih-aee i ',
ted iono barrel ; and nioiv lii.m one In-
rel, ami not more man sixty turivr.sy
loni, shall bo accounted tvi harn-U, A
a hogshead.
Ajpp roved, March :. 1-7 '..
GknkiUl Xati i-.k-Nh, -i.
AX ACT for the suppression ni u.i.
nftd circulation of obse ne li:,
iiid articles of immoral use.
Bk it enacted by tho Senate ami ii
of Representatives ol the I ni,v.
of -r America in Congress A-.-mi
Th:it whoever, within the bi.in
Col imbia or uny of llw TeM-jiurii
the
tho
United States, .r other
wxciusi vo nil isitietion
Ap
roved, March 3, 1873.
General nature Xo, 80.
AX ACT to prevent cruelty to animals
while in transit by railroad or other
means of transportation within the
lTnltol fitotnu
e. Be it enacted bv the Senate and House
pf Representatives of tho United States
iff America in'tongress assembled. That
iio railroad company within the United
Stated whose road forms any part of a
line of road over which cattle, pheep,
swine, or other animals shall bo con
veyed from one State to another, or the
owners or masters of steam, sailing, or
other vessels carrying or transporting
catUe, sheep, swine, or other animals
from one State to another, shall confine
the same in cars, boats, or vessels of
any description,, for a longer period than
twenty eight consecutive hours, without
unloading the same for rest, water, and
feeding, lor a period of at least five con-
seuuuve uours, unless prevented inm
so unloading by storm or other acciden
tal causes. Jn estimating such confine
ment the time during which the animals
have been confined without such rest
on connecting roads from which they
are received shall bo included, it being
the intent of this act to prohibit their
continuous eonnnement beyond the
period of twenty eight hours, except up
on contingencies neremneiore stated
Animals so unloaded shall be properly
fed and watered duringsuch rest by the
owner or person having the custody
thereof, or in case of his default in so
doing then by the railroad company or
owners or masters of boats or vessels
transporting the same at the expense of
said owneror person in cufct xly thereof;
and said company, owners, or master
shall in such cases have alien upon such
animals for food, care, and custody
furuished, and shall not be liable for
any detention of such animals author
ized by this act. Any company, owner
or custodian of' such animals who shall
knowingly and wilfully fall to comply
with the provisions of this act shall, for
each and every "such failure to comply
with the provisions of this act, be liable
for ahd forfeit and pay a penalty of not
less than one hundred nor more than
five hundred dollars: Provided, how
ever, That when animals shall bo car
ried in cars, boats, or other vessels in
which they can and do have Drooer
fo d. water, space, and opportunity for
rest, the foregoing provisions in regard
i.e-ir ueuig unioaueo: snau not apply.
Sec., 2. That the Penalty created bv tl m
first section of this act shall be reoover-
!':!!( l'i,:;
States, shall soil, or lend, or yiv.-av.
or ill any manner to e.xliil ii. er - .
have in Ids possession, for anvii ui
purboso or purposes, anv obscene I.
pamphlet, paper, writinv, aiver::-.
meift, circular, print, pu-inrc, !mu ,
or other representation, (iure, t.r im
age on or ot paper or other ij.m i
any cast, instrument, or other ariifji- !'
an immoral nature, or any li-itr '-r
medicine, or any article, u Ij I'l-ye;-, ; -r
tho J prevention of eom-c;!iu; er ,,r
causing unlawtul abortion, or s;i.wl.,i y
veriise the same for sale, or sliuil vfkv
or pjrint, or cause to bo written or plait
ed, any card, circular, book. p.impU''.
advr-rtiseinont. or notice of anv Mn ;,
stat ng when, wlirre, how. or ot h1i- :h.
or by what means, any of tlie arti -!i l'i
this section herein before nienli'MH.
can bo purchased .or-obtaine-l orsli.ti!
mat ufacture, draw, or print, or n ii!',
wisci make any u-iwh article, slm'! '
deemed guilty of a misdemeanor,-.-!,
on CDiiviction thereof in any "-. i rt -'
the "United States having ci iniin il jm,
diction in tho District of ': n oi!:.t. -r'
in any Tl rritory or place within tli- ' i
clusjve jurisdiction of the l'nitc-1 s:
whejre such misdemeanor s'u'l l-'-beet
i committed ; and on cmiyi !--
thereof, ho shall bo impi-noiii-l ;it It '!
labor in tho penitentiary lor n ' 1
thai! six months nor more tiuiit'
yeais for each ollonse, or tin;' 1 "' I-
thai one hundred dollars i -r i . f
thar two thousand dollar.-, 'Well '
of oe urt. . ,
Set;. 2. That section one hun h'-.i:;, .
fortv eight of tho act to revise, c.i... ,
dat4 and amend tly statutes r - - - t 1 ' -
tho Put! fuller. lrM-irtment. apt'i''--'
Junto eighth, eighteen !iiim!.-l '''
seveiity two, bo amended to r-al 1
lowd : - ,
"Sec. 1-13. Th.1t no obseoi.e. lett
lascivious liook, .pamphlet, pi-!'-papejr,
print, or other publication "i .n
inilejretrt character, or ony ar!" '
any pmiolo or thing designed ".r m: "
ed"l'4r tho prevention of coiieep:iiii
procjuringof abortion, nor any a::
or tiling intended or . adapte.l .or .i i
indeperit or immoral use or i.atun . i
any written or printed" carl, e.n-i m-
boolt. n.urinb ot. 'ail vei tisetneiu '
ticefranv kind aiving inform ,!'.
direftlyor indirectly, where, "r li "',(.
or of'whom, or by what means -itli
tho thincs before mentioned ni 'X "
obtained or made, nor any hU" !j
the Envelope ' op whfeh, or ptai "';
npo which indecent or scm Tifoji- ! ':;
thetimavbo written or print d. --i"
be carried in tho mail ; any ant p-r-
who shall knowingly 'deposit, ot ei ;-"
to 14 deposited, for mailing or oe-iy
any jrf the hereinbefore mention' :'"
tides or things, or any notice, or p i;- f
containing any advertisement r t''-.
I
i.t
! v
to tho aforesaid articles or t
any person who, in pursuance i r
planior scheme for disposing oi
the liereinbeforo mentioned ai ti - '"'
things, shall take, or cause to be
from) the mail any such letter or p 'j
age, jshall be deemed guilty of a
meaftor and on conviction tin
shall!, for every offense, be lined ''"'i;''"
than ono hundred dollar n-r ""-' .
five thousand dollars, or im'T!'"1' '
hard) labor not less than oi.o.vear t"-
mor than ton years, or both, in tl c - "
eretipn of tho fudge." . .,
Sed?. 3. That all persons if ',r " ' ,
ed frorn importing into tic 1,1 ',.
States, from any foreign country.
of the hereinbefore mentioned .:u' i, 'r,.
or tlih'ngs, except ti e drugs Itercni r-
mentioned when imported m !"," "
not put op for any of the pun"'-' .",
fore mentioned ; and all su.-li vw-'
ed art ides in the course of iiiip"'-'." ''
shall be detained by the officer t ea
toiii and procee dings taken avail"1"' "
same under section five of this a' !.
gent, or employee of lhe govftt i'";
of th ITnlftvl KltM utiatl kl)"i,;-
.11 n 1 . ,..1 ill
oi ouui any iitrauii ciin' - i
violation of this act, shall be ie i" '
guilty of a misdemeanor, and. on f"1'
viction thereof, shall, for every oiH ns
be punished as provided in section
of this act. .;
Sec. 5. That any j udge of an v" oVl rl ''l
or circuit court "oh the United St;"' '
within tVe pr-o distrl.-t, before yli"i'
complaint in writing of any viola''."" '
this aet shall be made, to the satisf i'"
tion of such iudire, and founded "j)
knowledge or belief, and, if upon belief
settiog forth the grounds ofsuch beli''
and supported by oath or afUrmati"11
of tho com plait ant. mav issue, i1""'
fortnably to tho Constitution, a warra"'
directed to the marshal, or any deputy
marsnai, in the proper district, out1"
ing him to search lor, seize, ami ta
possession of any such article or tin'11''
hereinbefore mentioned, and to nmk'
due and immediate return thereof.!''
the end that the same may be cotnlen
ed and destroyed by proceedings, I'1' ''
shall be conducted in the samo in:"!".
as other oroceodincrs in ea-e of inn'"" l.
pdVeizure, and with the same rlj".-
appeal or writ of error : Provided. v'u
noiningln this section sh i bo con1'",
ed as repealing the one hundred ""I
forty eighth section of tl . act of tvIih'1
this act is amendatory, r to a fleet a.
indictments heretofore foi. 'idforoiU'ii-if
against, the same, but !:. said Sno" 1
tnt nta may.be prosecub i t j titlAi,,i01;
as If this section had not '..eeii eiuu'tcti-
Approved March 3, li. ,