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No compensation to othicers of States.



purpose; and that the President be, and hereby is, authorized to appoint a board, to consist of one officer of the Engineers of the United States Army, one officer of ordnance of the United States Army, one line officer of the United States Navy, one engineer of the United States Navy, and three civilians, who shall be experts; and it shall be the duty of said board to convene at the earliest practicable moment, at such place as may be designated by the President, for the purpose of determining, by actual tests, the strength and value of all kinds of iron, steel, and other metals which may be submitted to them or by them produced, and to prepare tables which will exhibit the strength and value of said materials for constructive and mechanical purposes, and to provide for the building of a suitable machine for establishing such tests Sec. 4, act of March 3, 1875 (18 Stat. L., 399).

1206. No officers in the pay of the Government shall be the United entitled to, or receive, any additional compensation by rea

son of any services rendered in connection with this board; but one of the civil experts shall act as secretary of the board, and shall be entitled, under this act, to such compensation as the President may deem proper and fit: Providel, That not more than fifteen thousand dollars of the sum herein provided shall be used for the expenses of such board. Ibid.

1207. The Secretary of War is hereby authorized to June 20, 1878, cause the machine built for testing iron and steel to be set up

and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be. Act of June 20, 1878 (20 Stat. L., 223). That hereafter the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress. Act of March 3, 1885 (23 Stat.

L., 502). Advance pay.

1208. In making tests for private citizens the officer quired. Record in charge may require payment in advance, and may use furnished to the funds so received in making such private tests, makety of Civil Engi-ing full report thereof to the Chief of Ordnance; and the June 30,1882, v. Chief of Ordnance shall give attention to such programme

of tests as may be submitted by the American Society of The act of March 3, 1873 (17 Stat. L., 543), contained an appropriation of $25,00) for “improved machinery and instruments for testing American iron and sleel."

Testing iron and steel: use of machine.

V. 20, p. 223.

ments may be re


22, p. 122.

Civil Engineers, and the record of such tests shall be furnished said society to be by them published at their own expense.' Act of June 30, 1882 (22 Stat. L., 129).


1209. Organization; duties.
1210, 1211. Additional members; artillery

1212. Expenditures.
1213. Additional civilian member.

1214. No member to be interested in in-

vention, etc.
1215. Investigations.
1216. Right to use in ventions.
1217. Per diem to officers.

Board of Ordnance and Forti


Mar. 1, 1901, v. 31, p. 875.

1209. A board to consist of the commanding General of the Army, an officer of Engineers, an officer of Ordnance, tiche 2, 1885, v. and an officer of Artillery, to be selected by the Secretary 25, p. 489. of War, to be called and known as the Board of Ordnance and Fortification; and said Board shall be under the direction of the Secretary of War and subject to his supervision and control in all respects, and shall have power to provide suitable regulations for the inspection of guns and Duties. materials at all stages of manufacture to the extent necessary to protect fully the interests of the United States, and generally to provide such regulations concerning matters within said Board's operations as shall be necessary to carry out to the best advantage all duties committed to its charge. Act of September 22, 1888 (25 Stat. L., 489).

1210. One additional member shall be added to the said Additional Board of Ordnance and Fortification, who shall be an artillery officer of technical ability and experience, to be selected by the Secretary of War. Act of March 1, 1901 (31 Stat. L., 875).

1211. The Secretary of War is hereby authorized to Additional appoint two additional members for the Board of Ord- Mar. 3, 1901, v. nance and Fortification, both of whom shall be selected from the Artillery Corps. Act of March 3, 1901 (31 Stat. L., 910).

1212. Subject to the foregoing provisions the expendi- Expenditures. ures shall be made by the several bureaus of the War Department having jurisdiction of the same under existng law. Act of September 22, 1888 (25 Stat. L., 489).

1213. One additional member shall be added to said Additional ciBoard of Ordnance and Fortification who shall be a civil- Feb. 21, 1891, v.

26, p. 769, al and not an exofficer of the Regular Army or Navy, ind he shall be nominated by the President, and, by and with the advice and consent of the Senate, appointed, and

31, p. 910.


vilian member.

1 The acts of March 3, 1883 (22 Stat. L., 460), July 5, 1884 (23 Stat. L., 112), and March 3, 1885 (23 Stat. L., 502), contain a similar proyision.

No member to be interested in

fore Board.

by the Board.

shall be paid a salary of five thousand dollars per annum and actual traveling expenses when traveling on duty. Act of February 24, 1891 (26 Stat. L., 769).

1214. Hereafter no person shall be a member of or serve device, etc., be-on said Board who has been or is in

any manner interested Feb. 18, 1893, v. in any invention, device, or patent which, or anything 27, p. 461.

similar to which, has been considered or may be considered by or come before said Board for test or adoption; or who is connected with or in the employ of any manufacturer who has or shall have contracts with the United States for any ordnance materials.

ordnance materials. Act of February 18, 1893 (27 Stat. L., 461). Investigations 1215. The Board is authorized to make all needful and 1888, 215, p. 47: proper purchases, investigations, experiments, and tests, May 25, 1900, v. to ascertain, with a view to their utilization by the Govern

ment, the most effective guns, small arms, cartridges, projectiles, fuzes, explosives, torpedoes, armor plates, and other implements and engines of war; and to purchase or cause to be manufactured, under authority of the Secretary of War, such guns, carriages, armor plates, and other war material as may, in the judgment of said Board, be necessary in the proper discharge of the duty herein devolved upon it by the act approved September twentysecond, eighteen hundred and eighty-eight.' Act of May

25, 1900 (31 Stat. L., 186). Right to use in

1216. Before any money shall be expended in the construction or test of any gun, gun carriage, ammunition, or

31, p. 186.


Aug. 1, 1894, v. 28, p. 215.

The act of September 22, 1888 (25 Stat. L., 489), restricts the expenditures of the Board in respect to the investigations, tests, experiments, etc., which may be carried on under its direction under that statute, by the requirement that "the amount expended and liabilities incurred in such purchases, investigations, experiments, and tests shall not exceed five hundred thousand dollars, which sum is bereby appropriated"; and that said Board shall test, and if found satisfactory, shall purchase two breech-loading field guns of three and two tenths inch bore of aluminum: bronze."

By several acts of appropriation the powers of the Board of Ordnance and Fortification have been reduced and defined. By the act of February 24, 1891 (26 Stat. L., 767), the appropriations of the Engineer Department, for gun and mortar batteries and for sites of fortifications, have been withdrawn from the supervision of the Board; by the act of July 23, 1892 (27 Stat. L.,260), all regular appropriations of the Ordnance Department for the armament of fortifications were similarly withdrawn from its supervision. See, also, the acts of February 18, 1893 (27 Stat. L., 461), August 1, 1894 (28 Ibid., 215), March 2, 1895 (Ibid., 706), and June 6, 1896 (29 Ibid., 259), for similar provisions of statutes in which the Board is specially charged with the supervision of stated funds and with the general expenditure of funds appropriated for experimental purposes.

The act of March 2, 1889 (25 Stat. L., 833), conferred authority upon the Board of Ordnance and Fortification “to examine and report upon a site or sites for ordnance testing and proving ground to be used in the testing and proving of heary ordnance, having in view in the selection of said site or sites their accessibility by land and water, means of transportation, and suitability for the purpose intended, and also the actual and reasonable cost, and value of the land embraced in said site or sites and the least sum for which the same can be procured. Said Board shall report thereon to the Secretary of War, to be submitted to Congress at its next session; and in case the said Board shall select a site or sites and recommend their pur

implements under the supervision of the said Board, the Board shall be satisfied, after due inquiry, that the Gorernment of the United States has a lawful right to use the inventions involved in the construction of such gun, gun carriage, ammunition, or implements, or that the construction or test is made at the request of a person either having such lawful right or authorized to convey the same to the Government. Act of August 1, 1894 (28 Stat. L., 215).

1217. For payment of the necessary expenses of the Expenses of Board, including a per diem allowance to each officer proving ground. detailed to serve thereon when employed on duty away from his permanent station, of two dollars and fifty cents a day,

thousand dollars. Act of July 23, 1892 (27 Stat. L., 260).

Feb. 24, 1891, v.

26, P.




chase, the Secretary of War is hereby authorized to secure written proposals for the sale of the land so recommended, until such time as Congress may act upon the recommendation of said Board and of the Secretary of War.”

To enable the Secretary of War, in his discretion, to purchase the land adjoining the Government reservation at Sandy Hook, New Jersey, now belonging to the grantees of the Highland Beach Association of New Jersey, together with the right of way from said land to the main line of the Central Railroad Company of New Jersey, together with the rails, ties, switches, and all the railroad equipment on said lands, twenty-five thousand dollars, or so much thereof as may be necess y. Act of July 23, 1892 (27 Stat. L., 259).

That the President is hereby authorized to appoint a board, to consist of three officers of the Army and three officers of the Navy, who shall examine and report to the Secretary of War, for transmission to Congress for its consideration, what, in their opinion, is the most suitable site on the Pacific coast, or on the rivers or other waters thereof, for the erection of a plant for finishing and assembling the parts of heavy guns and other ordnance for the use of the Army and Navy. That for the payment of the necessary expenses of the board to be appointed under the foregoing provisions the sum of two thousand five hundred dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated. Act of July 23, 1892 (27 Stat. L., 258).

For a similar provision see the acts of February 24, 1891 (26 Stat. L., 768); July 23, 1892 (27 Stat. L., 259); February 18, 1893 (27 Stat. L., 460); March 2, 1895 ( 28 Stat. L., 706), and June 6, 1896 (29 Stat. L., 259). The several acts of appropriation since that of July 23, 1892, contain provisions for similar allowances to each othcer detailed to serve on the Board of Ordnance and Fortification when on duty away from his permanent station. The acts of appropriation since that of August 4, 1894, contain provisions for the necessary traveling expenses of the civilian member of the board when traveling on duty as contemplated in the act of February 24, 1891.

This provision has appeared in all subsequent acts of appropriation... An officer who is authorized to receive compensation "while necessarily employed” only, must produce satisfactory evidence of his employment, and of the necessity therefor, during the period for which he claims compensation. IV Comp. Dec., 424. The Auditor is authorized, and it is his duty, to require the production of satisfactory evidence of the time of actual employment of an officer who is paid a per diem compensation or allowance. Ibid., 479.

The mileage of officers of the Army traveling on duty connected with the Board of Ordnance and Fortification is payable from the appropriation made for the Board as a part of the necessary expenses incident to the performance of the work. III Ibid., 332. Officers of the Army connected with the Board of Ordnance and Fortification, when traveling on duty, should be furnished with transportation in kind by the Quartermaster's Department, in accordance with War Department Circular No. 8, of 1897, but whether the requests for transportation addressed to the railroad companies should be issued by the officers of the Quartermaster's Department exclusively is to be determined by the Secretary of War. Ibid., 590.

HISTORICAL NOTE. --The duties in connection with the procurement, manufacture, and supply of cannon, small arms, and military stores, now performed by the Ord. nance Department, seem to have been vested during the Revolutionary period in a purveyor of public supplies, an oflice created by Congress, which ceased to exist at the close of the war. With a view to secure proper accountability and a more efficient administration in this branch of the military service, President Washington, on January 7, 1794, recommended to Congress that the office of Purveyor of Public Supplies be created and charged with the duties of receiving, safe-keeping, and distributing the public supplies. The office thus recommended was established by the act of February 23, 1795 (1 Stat. L., 419), and continued to exist until May 31, 1812, when, its duties having been transferred to the several departments of the staff, it was abolished. Sec. 9, act of March 28, 1812 (2 ibid, 696).

The Ordnance Department, co nomine, was established by the act of May 14, 1812 (ibid., 732), and was to consist of one Commissary-General of Ordnance, an assistant commissary-general, four deputy commissaries, and as many assistant deputy commissaries, not exceeding eight, as the President might deem necessary. The Commissary-General of Ordnance was to have the rank and pay of colonel, the assistant commissary-general that of lieutenant-colonel, the deputy-commissaries that of major, and the assistant deputy commissaries that of captain. By the act of February 8, 1815 (3 ibid., 203), the Department was reorganized, its duties were defined, and its strength fixed at one colonel, one lieutenant-colonel, two majors, ten captains, ten first lieutenants, and as many enlisted men, to serve as armorers, blacksmiths, wheelwrights, artificers, etc., as the Secretary of War might deem necessary; by the same enactment the supervision of the several armories, magazines, and arsenals was vested in the Ordnance Department.

By section 4 of the act of March 2, 1821 (3 ibid., 283), the Ordnance Department was merged in the artillery, one captain being added to each regiment of artillery for ordnance duty. Although the Department ceased to exist, for the time, as a separate establishment, the duties pertaining to the ordnance service seem to have continued to be performed by officers of artillery detailed for the purpose. By the act of April 5, 1830 (4. ibid., 504), the Ordnance Department was reconstituted, with the following commissioned strength: One colonel, one lieutenant-colonel, two majors, ten captains, with the pay and allowances of artillery officers of corresponding grades, and as many enlisted men as might be required, not to exceed 250. By section 2 of the act of April 5, 1830, the grade of ordnance-sergeant was established, the number authorized to be appointed being restricted to one for each military post. By section 13 of the act of July 5, 1838 (5 ibid., 256), the President was authorized to add two majors to the department “when he may deem it expedient to increase the same;' he was also authorized to transfer ten first lieutenants and ten second lieutenants to the department from the artillery; by the act of July 7, 1838 (ibid., 308), the number of lieutenants thug authorized to be transferred was reduced to twelve. The act of July 5, 1838, .placed officers of ordnance on the same footing in respect to pay and allowances as officers of dragoons. By section 16 of the act of March 3, 1847 (9 ibid., 184), the President was authorized to add to the department, under the conditions set forth in the statute last cited, two captains and six first lieutenants. By section 3 of the act of August 3, 1861 (12 ibid., 287), a chief oi ordnance, with the rank and pay of Quartermaster-General (brigadier-general), one colonel, one lieutenant-colonel, and six second lieutenants were added to the establishment. By section 4 of the act of March 3, 1863 (ibid., 743), one lieutenantcolonel, two majors, eight captains, and eight first lieutenants were added; the appointments to be made by promotion "as far as the present Ordnance Corps will permit, and the residue to be appointed by transfer from other regiments and corps of the Army;” by this statute examinations were required in all grades below that of field officer as a condition precedent to promotion.

By section 21 of the act of July 28, 1866 (14 ibid., 335), the peace strength of the department was fixed at one brigadier-general, three colonels, four lieutenant-colonels, ten majors, twenty captains, sixteen first lieutenants, and ten second lieutenants; sixteen ordnance storekeepers were also added to the establishment. Section 6 of the act of March 3, 1869 (15 ibid., 318), contained the requirement that there should be no promotions or appointments in the several staff corps until otherwise directed by law; but this restriction was removed as to the Ordnance Department by the act of June 23, 1874 (18 ibid., 244), which reorganized the department with an authorized strength of one brigadier-general, three colonels, four lieutenant-colonels, ten majors, twenty captains, and sixteen first lieutenants, and provided that all vacancies in the grade of first lieutenant should be filled by transfer from the line of the Army, subject to the examination therein prescribed. The examination for promotion, first required by the act of March 3, 1863, was extended in its scope by the act of June

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