Secretary of the Navy (limit of cost not to exceed $1,500,000), $1,000,000: Provided, That nothing herein shall be construed as preventing or interfering with the continuation or undertaking of necessary experimental work during the fiscal year ending June thirtieth, nineteen hundred and seventeen, as heretofore conducted under other appropriations: Provided further, That the Secretary of the Navy shall make detailed reports to the Congress not later than June thirtieth, nineteen hundred and seventeen, and annually thereafter, showing the manner in which all expenditures hereunder have been made. (39 Stat.)

This was a provision of the naval service appropriation act for the fiscal year 1917, cited above.

§ 653. (R. S. § 430.) Estimates for expenses.

All estimates for specific, general, and contingent expenses of the Department, and of the several Bureaus, shall be furnished to the Secretary of the Navy by the chiefs of the respective Bureaus.

Act July 5, 1862, c. 134, § 5, 12 Stat. 511.

Provisions relating to the estimates to be submitted by the Secretary of the Navy to Congress were made by R. S. §§ 3666, 3667, and subsequent statutes, post, §§ 6705-6708.

The appropriations for the expenses of the Navy Department are to be under the control of the Secretary of the Navy, and the appropriation for each Bureau is to be kept separate in the Treasury, by R. S. § 3676, post, § 6753.

Provisions relating to the purchase, classification, and issue of supplies for the different branches of the naval establishment, and to the charges against particular funds, are set forth, post, §§ 6754-6762.

Provisions relating to contracts for naval supplies, etc., were made by R. S. §§ 3714, 3718-3728, post, §§ 6842, 6862-6879.

The expenditure, out of appropriations for the naval establishment, of any sum for certain contingent expenses of the Department, was forbidden by provisions of Act June 22, 1906, c. 3514, § 1, post, § 654, and of subsequent similar acts, particularly Act March 4, 1913, c. 142, § 1, post, § 655.

The Secretary of the Navy was authorized to enter into contract for the rental of a fire-proof building or buildings or parts thereof for the use of the Department for a period of not exceeding ten years from July 1, 1913, by a provision of Act March 4, 1913, c. 142, § 1, post, § 6933.

§ 654. (Act June 22, 1906, c. 3514, § 1.) Contingent expenses not to be paid out of appropriations for naval establishment.

For stationery, furniture, newspapers, plans, drawings, drawing materials, horses and wagons to be used only for official purposes, freight, expressage, postage, and other absolutely necessary expenses of the Navy Department and its various bureaus and offices, fourteen thousand dollars.

For additional amount for the objects mentioned in the foregoing paragraph and in lieu of expenditures heretofore made therefor from general appropriations for the naval establishment, twenty-six thousand dollars; and hereafter it shall not be lawful to expend, for any of the offices or bureaus of the Navy Department at Washington, any sum out of appropriations made for the naval establishment for any of the purposes mentioned or authorized in the said foregoing paragraph. (34 Stat. 427.)

These were provisions under the heading "Contingent expenses, Navy Department," of the legislative, executive, and judicial appropriation act for the fiscal year 1907, cited above.

The use of the word "hereafter" in connection with the restriction on the use of appropriations for the naval establishment, indicates an intention to make that provision permanent. Each subsequent similar act makes an appropriation, for like purposes, of a single sum, and adds a like restriction, omitting the word "hereafter." The appropriation for the fiscal year 1917, by Act May 10, 1916, c. 117, § 1, is set forth post, § 655.

Notes of

Expenditure of contingent fund.-The Secretary of the Navy has the contin

Decisions

gent fund of the Department entirely at his disposal, from which he may

draw for the purpose of compensating any services rendered in any of the relations of his Department which are of

a contingent character. (1819) 1 Op. Atty. Gen. 302.

§ 655. (Act May 10, 1916, c. 117, § 1.) Contingent expenses not to be paid out of appropriations for naval establishment. For stationery, furniture, newspapers, plans, drawings, drawing materials, horses and wagons to be used only for official purposes, including rental of stable; purchase, maintenance, repair, or operation of horse-drawn passenger-carrying vehicles, automobile mail wagon, including exchange of same, street-car tickets not exceeding $250, freight, expressage, postage, typewriters and computing machines and exchange of same, and other absolutely necessary expenses of the Navy Department and its various bureaus and offices, $42,000; it shall not be lawful to expend, for any of the offices or bureaus of the Navy Department at Washington, any sum out of appropriations made for the Naval Establishment for any of the purposes mentioned or authorized in this paragraph. (39 Stat.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1917, cited above. See note to preceding section.

Sec.

CHAPTER B

The Hydrographic Office

The Hydrographic Office, which, by R. S. § 431, was attached to the Bureau of Navigation in the Navy Department, was afterwards attached to the Bureau of Equipment, by a provision of Act May 4, 1898, c. 234, § 1, post, § 658. But provisions have been made for the distribution of the duties of the Bureau of Equipment among other Bureaus and offices of the Department, and for the discontinuance of that Bureau thereupon. See note to R. S. § 419, ante, § 623, and provisions of Act March 4, 1913, c. 148, ante, § 625. This chapter includes R. S. §§ 431-433, and subsequent laws which relate to the Hydrographic Office only.

656. Hydrographic Office.

657. Hydrographic Office attached to Bureau of Equipment.

657a. Detail of naval officers to Hydrographic Office.

658. Maps, charts, etc.

Sec.

659. Charts to be furnished to persons not in Government service at cost.

660. Money received from sale of maps, charts, etc.

§ 656. (R. S. § 431.) Hydrographic Office.

There shall be a Hydrographic Office attached to the Bureau of Navigation in the Navy Department, for the improvement of the means for navigating safely the vessels of the Navy and of the mercantile marine, by providing, under the authority of the Secretary of the Navy, accurate and cheap nautical charts, sailing directions, navigators, and manuals of instructions for the use of all vessels of the United States, and for the benefit and use of navigators. generally.

Act June 21, 1866, c. 129, § 1, 14 Stat. 69.

The Hydrographic Office was attached to the Bureau of Equipment by a provision of Act May 4, 1898, c. 234, § 1, post, § 658. But provisions for the distribution of the duties of that Bureau among other Bureaus and offices of the Department, and the discontinuance of the Bureau thereupon, were made by Act June 24, 1910, c. 378, 36 Stat. 613, and subsequent acts, including Act June 30, 1914, c. 130, ante, § 624.

Recent appropriations for the Hydrographic Office are accompanied by a provision restricting expenditures under the office to those authorized by ap

propriations under the Navy Department or for printing and binding. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. Provisions relating to the application of appropriations for publication of foreign hydrographic surveys were made by R. S. § 3686, post, § 6794. The printing and distribution of publications of the Office of Naval Intelligence were provided for by Res. March 21, 1900, No. 14, post, § 7165. Notes of Decisions

Detail to Hydrographic Office of officer of Navy.-The office of draftsman in the Hydrographic Office was incompatible with that of cadet engineer in

the Navy, and the detail of a cadet engineer to duty as such draftsman did not entitle him to additional pay. Winchell v. U. S. (1892) 28 Ct. Cl. 30.

§ 657. (Act May 4, 1898, c. 234, § 1.) Hydrographic Office attached to Bureau of Equipment.

The Hydrographic Office shall hereafter be attached to and be a part of the Bureau of Equipment. (30 Stat. 374.)

This was a provision of the naval service appropriation act for the fiscal year 1899, cited above.

See note to R. S. § 431, ante, § 656.

§ 657a. (Act Aug. 29, 1916, c. 417.) Detail of naval officers to Hydrographic Office.

The Secretary of the Navy is authorized to detail such naval officers not exceeding four as may be necessary to the Hydrographic Office. (39 Stat.)

This was a provision of the naval service appropriation act for the fiscal year 1917, cited above. It was repeated in the naval service appropriation

acts for previous years.

§ 658. (R. S. § 432.) Maps, charts, etc.

The Secretary of the Navy is authorized to cause to be prepared, at the Hydrographic Office attached to the Bureau of Navigation in the Navy Department, maps, charts, and nautical books relating to and required in navigation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators, sailing directions and instructions, as he may consider necessary, and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe.

Act June 21, 1866, c. 129, § 2, 14 Stat. 69.

This section and R. S. § 433, were re-enacted, without substantial change, as part of the Printing and Binding Act of Jan. 12, 1895, c. 23, § 77, post, § 7147.

A further provision for furnishing charts to mariners or others at cost, made by Act May 4, 1878, c. 91, § 1, is set forth post, § 659.

The annual appropriations for the Hydrographic Office provide for the preparation and publication of the Pilot Charts and supplements, and for the expenses of collecting information therefor; and, by a separate appropriation, for a monthly Pilot Chart of the North Pacific Ocean. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat., from which the appropriation for the monthly pilot chart was omitted.

Notes of Decisions

Nautical Almanac.-The Nautical Almanac is a "nautical book," of the sort

§ 659. (Act May 4, 1878, c. 91, § 1.)

mentioned in this section. (1878) 16 Op. Atty. Gen. 127.

Charts to be furnished to per

sons not in Government service at cost. All charts hereafter furnished to mariners or others not in the government service shall be paid for at the cost price of paper and printing paid by the government. (20 Stat. 51.)

This was a proviso, annexed to appropriations for expenses of preparing charts, etc., in the naval appropriation act for the fiscal year 1879, cited above. It was repeated in the same connection in the appropriation act of the next year, Act Feb. 14, 1879, c. 68, 20 Stat. 286. The sale of surplus charts of the Northwestern lakes by the Secretary of War was provided for by R. S. § 226, ante, § 328. The distribution of charts issued by the Coast Survey was regulated by provisions collected under Title LVI, "The Coast and Geodetic Survey."

§ 660. (R. S. § 433.) Money received from sale of maps, charts,

etc.

All moneys which may be received from the sale of maps, charts, and nautical books shall be returned by the Secretary of the Navy into the Treasury of the United States, to be used in the further preparation and publication of maps, charts, navigators, sailing directions, and instructions for the use of seamen, to be sold at the rates as set forth in the preceding section.

Act June 21, 1866, c. 129, § 3, 14 Stat. 69.

See notes to R. S. § 432, referred to in this section, ante, § 658.

CHAPTER C

The Naval Observatory and the Nautical Almanac Office

Sec.

This chapter includes R. S. §§ 434, 436, and subsequent provisions, which relate to the Naval Observatory and the Nautical Almanac only.

661. Naval Observatory.

662. Board of visitors to Naval Observ

atory; eligibility for office of Su-
perintendent.

663. Nautical Almanac.

Sec.

664. Exchange of data with foreign almanac offices, and employment of office force during continuance of arrangement therefor.

§ 661. (R. S. § 434.) Naval Observatory.

The officer of the Navy employed as superintendent of the Naval Observatory at Washington shall be entitled to receive the shoreduty pay of his grade, and no other.

Act March 3, 1865, c. 114, 13 Stat. 533.

The Superintendent of the Naval Observatory was required to be a line officer of the Navy of a rank not below that of captain, by a provision of Act March 3, 1901, c. 852, § 1, post, § 662.

§ 662. (Act March 3, 1901, c. 852, § 1.) Board of visitors to Naval Observatory; eligibility for office of Superintendent.

There shall be appointed by the President, by and with the advice and consent of the Senate, from persons not officers of the United States a board of six visitors to the Naval Observatory, four to be astronomers of high professional standing and two to be eminent citizens of the United States. Appointments to this board shall be made for periods of three years, but provision shall be made by initial appointments for shorter terms so that two members shall retire in each year. Members of this board shall serve without compensation, but the Secretary of the Navy shall pay the actual expenses necessarily incurred by members of the board in the discharge of such duties as are assigned to them by the Secretary of the Navy or are otherwise imposed upon them. The board of visitors shall make an annual visitation to the Observatory at a date to be determined by the Secretary of the Navy, and may make such other visitations not exceeding two in number annually by the full board or by a duly appointed committee as may be deemed needful or expedient by a majority of the board. The board of visitors shall report to the Secretary of the Navy at least once in each year the result of its examinations of the Naval Observatory as respects the condition of buildings, instruments, and apparatus, and the efficiency with which its scientific work is prosecuted, and shall also report as respects the expenditures in the administration of the Observatory. The board of visitors shall prepare and submit to the Secretary of the Navy regulations prescribing the scope of the astronomical and other researches of the Observatory and the duties 1 U.S.COMP.'16-22

(337)

of its staff with reference thereto. When an appointment or detail is to be made to the office of astronomical director, director of the Nautical Almanac, astronomer, or assistant astronomer, the board of visitors may recommend to the Secretary of the Navy a suitable person to fill such office, but such recommendation shall be determined only by a majority vote of the members present at a regularly called meeting of the board held in the city of Washington. The Superintendent of the Naval Observatory shall be, until further legislation by Congress, a line officer of the Navy of a rank not below that of captain. (31 Stat. 1122.)

These were provisions accompanying an appropriation for expenses of the Board of Visitors in the naval service appropriation act for the fiscal year 1902, cited above.

(R. S. § 435. Repealed.)

This section of the Revised Statutes provided that the meridian of the Observatory at Washington should be adopted and used for all astronomical purposes, and the meridian of Greenwich for all nautical purposes. It was repealed by Act Aug. 22, 1912, c. 335, 37 Stat. 342.

§ 663. (R. S. § 436.) Nautical Almanac.

The Secretary of the Navy may place the supervision of the Nautical Almanac in charge of any officer or professor of mathematics in the Navy who is competent for that service. Such officer or professor, when so employed, shall be entitled to receive the shoreduty pay of his grade, and no other.

Act March 3, 1857, c. 111, § 3, 11 Stat. 246.

Provisions for exchange of data with foreign almanac offices, with a view to reducing the amount of duplication of work in preparing the different national nautical, etc., almanacs, made by Act Aug. 22, 1912, c. 335, are set forth post, § 664.

Provisions for the printing and distribution of the Nautical almanac and the Observations of the Naval Observatory were made by the Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, pars. 5, 6, post, §§ 7057, 7058.

Notes of Decisions

Employment of retired officer.-The Secretary of the Navy was not precluded by the provision of Act July 31, 1894, § 2, post, § 3231, against an officer holding any other lucrative office, from employing a retired officer to supervise the completion of certain ta

bles of planets, under the appropriation therefor by Act Feb. 19, 1897, c. 265, § 1, 29 Stat. 565, as that act does not create an office or contemplate any formalities in the selection of such employé. (1897) 21 Op. Atty. Gen. 507.

§ 664. (Act Aug. 22, 1912, c. 335.) Exchange of data with foreign almanac offices, and employment of office force during continuance of arrangement therefor.

The Secretary of the Navy is hereby authorized to arrange for the exchange of data with such foreign almanac offices as he may from time to time deem desirable with a view to reducing the amount of duplication of work in preparing the different national nautical and astronomical almanacs and increasing the total data which may be of use to navigators and astronomers available for publication in the American Ephemeris and Nautical Almanac: Provided, That any such arrangement shall be terminable on one year's notice: Provided further, That the work of the Nautical Almanac Office during the continuance of any such arrangement shall be conducted so that in case of emergency the entire portion of the work intended for the use of navigators may be computed by the force employed by that office, and without any foreign cooperation whatsoever: Provided further, That any employee of the Nautical Almanac Office who may be authorized in any annual appropriation bill and whose services in whole or in part can be spared from the duty of preparing for publication the annual volumes of the American Ephemeris and Nautical Almanac may be