In time of peace the President may in his discretion, and under such rules and upon such conditions as he may prescribe, permit any enlisted man to purchase his discharge from the Navy or Marine Corps, the amounts received therefrom to be covered into the Treasury.--(27 Stat. 717, ch. 212.)

That no contract for the purchase of gun steel or armor for the Navy shall hereafter be made until the subject-matter of the same shall have been submitted to public competition by the Department by advertisement.--(27 Stat. 732, ch. 212.)

/1893, Mar. 3. Standard gauge for sheet and plate iron and steel; preparation of standards; variations.7 That for the purpose of uniformity the following is established as the only standard gauge for sheet and plate iron and steel in the United States of America, namely:

fractions of decimal parts
an inch

of an inch

And on and after July first, eighteen hundred and ninety three, the same and no other shall be used in determining duties and taxes levied by the United States of America on sheet and plate iron and steel. But this act shall not be, construed to increase duties upon any articles which may be imported.

SEC. 2. That the Secretary of the Treasury is authorized and required to prepare suitable standards in accordance herewith.

SEC. 3. That in the practical use and application of the standard gauge hereby established a variation of two and one-half per cent, either way may be allowed.--(27 Stat. 746, ch. 221.)

[1894, Mar. 29. Property returns.7

That instead of forwarding to the accounting officers of the Treasury Department returns of public property entrusted to the possession of officers or agents, the Quartermaster-General, the CommissaryGeneral of Subsistence, the Surgeon-General, the Chief of Engineers, the Chief of Ordnance, the Chief Signal Officer, the Paymaster-General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any Department, by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or examine returns of such property, shall certify to the proper accounting officer of the Treasury Department, for debiting on the proper account, any charge against any officer or agent intrusted with public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him.--(28 Stat. 47, ch. 49.),

Sec. 2. That said certificate shall set forth the condition of such officer's or agent's property returns, that it includes all charges made up to its date and not previously certified, that he has had a reasonable opportunity to be heard and has not been relieved of responsibility; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting officers of the Treasury Department in accounting.--(28 Stat. 47, ch. 49.)

Sec. 3. That the manner of making property returns to or in any administrative bureau or department, or of ascertaining liability for property, under existing laws and regulations, shall not be affected by this Act, except as provided in section one; but in all cases arising as to such property so intrusted the officer or agent shall have opportunity to relieve himself from liability.--(28 Stat. 47, ch. 49.)

Sec. 4. That the heads of the several Departments are hereby empowered to make and enforce regulations to carry out the provisions of this Act.--(28 Stat. 47, ch. 49.)

EDITORIAL NOTES

This act was amended by act of Aug. 24, 1912, ch. 391, sec. 3, 37 Stat. 591-593, which provided for consolidation of the office establishments of the Quartermaster General, the Commissary General, and the Paymaster General of the Army into a Quartermaster Corps, under the Chief of the Quartermaster Corps. It was further amended by the Budget and Accounting Act, 1921, approved June 10, 1921, ch. 18, title III, sec. 304, 42 Stat. 24, which vested in and imposed upon the General Accounting Office, in so far as not inconsistent with the said act, all powers and duties conferred or imposed by law upon the Comptroller of the Treasury and the six auditors of the Treasury.

This act, as amended, is embodied in the U.S. Code as secs. 89-92, inclusive, of title 31.

CROSS REFERENCES

Duty of storekeeper at the Naval Academy as to property returns: see act of May 13, 1908, ch. 166, 35 Stat. 153, as amended.

Keeping of property accounts relating to supplies: see act of Mar. 2, 1889, ch. 371, 25 Stat. 817-818, as amended.

Regulations for the purchase, preservation and disposition of supplies: see sec. 1549, R.S.

CASE NOTES

Scope and operation of statute.- "The effect of the act above quoted act of Mar. 29, 1894, ch. 9, 28 Stat. 477 is to divest the Auditor of the jurisdiction theretofore possessed by him over the property accounts and transactions of officers of the Navy Department, and to relieve him of all responsibility in relation to the disposition of property intrusted to said officers, except in cases where the officer 'whose duty it is to receive or examine returns of such property, shall certify to the proper accounting officer of the Treasury Department the Auditor, for debiting on the proper account, any charge against any officer or agent intrusted with public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him." (2 Comp.Dec. 264, 267-268, Nov. 29, 1895. See also: 6 Comp.Dec. 868, 869, May 15, 1900; 1 Comp. Gen. 749, 750-751, June 24, 1922.)

"The accounting officers, under the act of March 29, 1894 (28 Stat., 47), have no jurisdiction to inquire into the disposition of property in the

settlement of property accounts, but in disbursing officers' accounts involving the purchase of property, it is their duty to examine the vouchers and inquire as to the authority for the expenditure of the public money." (10 Comp. Dec. 652-653, Mar. 15, 1904.)

"It is not strictly within the jurisdiction of this office to render decisions regarding the disposition of property, as the act of March 29, 1894 (28 Stat., 47), took from the accounting officers Jurisdiction over property accounts, but advance decisions requested by the Departments have usually been rendered in cases similar to this for the reason that the decision involves a payment to be made (act of July 31, 1894, 28 Stat., 208) in the purchase of the articles to be iisposed of." (12 Comp. Dec. 780, 781, June 22, 1906.)

When the certificate required by this statute is made to the proper accounting officers of the Treasury, for debiting on the proper account any charge against any officer or agent intrusted with public property, arising from any loss accruing by his fault, to the Government as to the property so intrusted to him, the jurisdiction of the Comptroller of the Treasury is limited to ascertaining whether the certificate is made by the proper officer and is in proper form and substance, and whether the Auditor's settlement is correct and in accordance therewith; but does not extend back of the certificate to any of the proceedings taken by the officers of the department in obedience to the law and regulations, to find that a shortage of property exists, to ascertain its value, and to place the liability therefor. (17 Comp. Dec. 647, Mar. 11, 1911.)

account and proper for consideration in the settlement of the account. The matter has always been considered, since the act of March 29, 1894, 28 Stat.

47, proper for consideration in the settlement of pay accounts by the accounting officers."

(6 Comp. Gen. 325, 326, Nov. 10, 1926.)

1894, May 11. Wearing of Regular Army and Navy Union badge 7

That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization.--(28 Stat. 583, Res. No. 26.)

1894, June 28. Labor Day.7

That the first Monday of September in each year, being the day celebrated and known as Labor's Holiday, is hereby made a legal public holiday, to all intents and purposes, in the same manner as Christmas, the first day of January, the twenty-second day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays.--(28 Stat. 96, ch. 118.)

EDITORIAL NOTES

This act is embodied in the U.S. Code as sec. 87 of title 5.

This act was supplemented by Exec. Order No. 926, Aug. 10, 1908.

The following provision was included in an act of Mar. 3, 1901, ch. 854, sec. 1389, 31 Stat. 1404, as amended by act of June 30, 1902, ch. 1329, 32 Stat. 543, relating to the District of Columbia: "The following days in each year, namely, the first day of January, commonly called New Year's Day; the twenty-second day of February, known as Washington's Birthday; the Fourth of July; the thirtieth day of May, commonly called Decoration Day; the first Monday in September, known as Labor's Holiday; the twenty-fifth day of December, commonly called Christmas Day; every Saturday, after twelve o'clock noon; any day appointed or recommended by the President of the United States as a day of public fasting or thanksgiving, and the day of the inauguration of the President, in every fourth year, shall be holidays in the District for all purposes. Whenever any day

1894, July 12. Units of electrical measure; standard specifications.

That from and after the passage of this Act the legal units of electrical measure in the United States shall be as follows:

First. The unit of resistance shall be what is known as the international ohm, which is substantially equal to one thousand million units of resistance of the centimeter-gram-second system of electro-magnetic units, and is represented by the resistance offered to an unvarying electric current by a column of mercury at the temperature of melting ice fourteen and four thousand five hundred and twenty-one ten-thousandths grams in mass, of a constant cross-sectional area, and of the length of one hundred and six and three-tenths centimeters.

Second. The unit of current shall be what is known as the international ampere, which is one-tenth of the unit of current of the centimeter-gram-second system of electro-magnetic units, and is the practical equivalent of the unvarying current, which, when passed through a solution of nitrate of silver in water in accordance with standard specifications, deposits silver at the rate of one thousand one hundred and eighteen millionths of a gram per second.

Third. The unit of electro-motive force shall be what is known as the international volt, which is the electro-motive force that, steadily applied to a conductor whose resistance is one international ohm, will produce a current of an international ampere, and is practically equivalent to one thousand fourteen hundred and thirty-fourths of the electro-motive force between the poles or electrodes of the voltaic cell known as Clark's cell, at a temperature of fifteen degrees centigrade, and prepared in the manner described in the standard specifications.

Fourth. The unit of quantity shall be what is known as the international coulomb, which is the quantity of electricity transferred by a current of one international ampere in one second.

Fifth. The unit of capacity shall be what is known as the international farad, which is the capacity of a condenser charged to a potential of one international volt by one international coulomb of electricity. Sixth. The unit of work shall be the Joule, which is equal to ten million units of work in the centimeter-gram-second system, and which is practically equivalent to the energy expended in one second by an international ampere in an internation ohm.

Seventh. The unit of power shall be the Watt, which is equal to ten million units of power in the centimeter-gram-second system, and which is practically equivalent to the work done at the rate of one Joule per second,

Eighth. The unit of induction shall be the Henry, which is the induction in a circuit when the electromotive force induced in this circuit is one international volt while the inducing current varies at the rate of one Ampere per second.--(28 Stat. 101-102, ch. 131.)

Sec. 2. That it shall be the duty of the National Academy of Sciences to prescribe and publish, as soon as possible after the passage of this Act, such specifications of details as shall be necessary for the practical application of the definitions of the ampere and volt hereinbefore given, and such specifications shall be the standard specifications herein mentioned.--(28 Stat. 102, ch. 131.)

EDITORIAL NOTE

This act is embodied in the U.S. Cole as secs.

221 and 222 of title 15.

CROSS REFERENCE

Power over coinage, weights, and measures: the Constitution, Art. I, sec. 8, cl. 5.

1894, July 26. Assistant to Chief of Bureau of Supplies and Accounts.7

see

That an officer of the pay corps of the Navy may be detailed as assistant to the Chief of the Bureau of Supplies and Accounts in the Navy Department, and that such officer shall, in case of the death, resignation, absence, or sickness of the Chief of the Bureau, unless otherwise directed by the President, as provided by section one hundred and seventy-nine of the Revised Statutes, perform the duties of such chief until his successor is appointed or such absence or sickness shall cease.--(28 Stat. 132, ch. 165.)

EDITORIAL NOTES

This provision was amended by an act of July 11, 1919, ch. 9, 41 Stat. 131, 147, which changed the name "Pay Corps" to "Supply Corps".

This provision, with "Supply Corps" substituted for "Pay Corps", is embodied in the U.S. Code as sec. 449 of title 5.

CROSS REFERENCE

Pay of assistants to chiefs of bureaus and Judge Advocate General: see act of Mar. 4, 1925, ch. 536, sec. 15, 43 Stat. 1275.

1894, July 31. Restriction upon office-holding; exceptions.7

Sec. 2. No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not apply to retired officers of the Army, Navy, Marine Corps, or Coast Guard whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. Retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard retired for any cause, and retired officers of the Army, Navy, Marine Corps, or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity incurred in line of duty shall not, within the meaning of this section, be construed to hold or to have held an office during such retirement.--(28 Stat. 205, ch. 174; 43 Stat. 245, ch. 214; 50 Stat. 549, ch. 545; 52 Stat. 1194, ch. 694.)

EDITORIAL NOTES

The first sentence of this section, which is omitted, was temporary legislation. The last sentence was added by act of May 31, 1924, ch. 214, 43 Stat. 245. The second sentence was expressly amended to read as above by an act of July 30, 19 ch. 545, sec. 6, 50 Stat. 549, and an act of June 25, 1938, ch. 694, 52 Stat. 1194.

This section, as amended, with the temporary art omitted, is embodied in the U. S. Code as sec. 62 of title 5.

The following is the text of a joint resolution approved Sept. 24, 1940, ch. 725, 54 Stat. 958:

"That notwithstanding any provision of law contrary hereto or inconsistent herewith, Commander Howard L. Vickery, being a commissioned officer on the active list, United States Navy, is authorized to hold the office of a member of the United States Maritime Commission without loss of or prejudice to his status as a commissioned officer on the active list of the United States Navy, and if appointed to such civil office he shall receive, in addition to his pay and allowances as such commissioned officer, an amount equal to the difference between such pay and allowances as such commissioned officer and the salary prescribed by law for such civil office."

Purpose of statute. "The evident purpose of the Congress by the act of 1894 was to remedy the mischief which was not cured by the previous legislation respecting dual compensation of officers of the Government. The previous legislation had been construed as not prohibiting the holding by the same person of two distinct offices, each with its own duties and compensation, and to that end the act of 1894 was passed, which in express terms prohibits the appointment to or the holding of an office by anyone who at the time holds an office with a salary of $2,500 attached, unless specially authorized by law." (Pack v. United States, 41 Ct. Cls. 414, 428-429, May 14, 1906. See also McMath v. United States, 51 Ct. Cls. 356, 359-360, May 29, 1916; 19 Comp. Gen. 751, 752-753, Feb. 26, 1940.)

"There is little doubt but that the Act of 1894 was enacted to prevent an employee of the Government from holding two positions and receiving the salary provided for each by law, There is no