1255. Restriction. Must be appropriated for in each case.-Hereafter no contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and that this clause be regarded as notice to all contractors or lessors of any such building or any part of building.-Act of Mar. 3, 1877 (19 Stat., 370).

1255a. Statement to be rendered annually.-It shall be the duty of the heads of the several executive departments to submit to Congress each year, in the annual estimates of appropriations, a statement of the number of buildings rented by their respective departments, the purpose for which rented, and the annual rental of each.-Sec. 1, act of Mar. 3, 1883 (22 Stat., 552).

1256. Same. That hereafter it shall be the duty of the Secretary of the Treasury to cause to be prepared and submitted to Congress each year in the annual Book of Estimates of appropriations, a statement of the buildings rented within the District of Columbia for the use of the Government, the purpose for which rented, and the annual rental of each.-Sec. 1, act of July 16, 1892 (27 Stat., 199).

1257. Statement to include details of floor space, etc.-Hereafter the statement of buildings rented within the District of Columbia for use of the Government, required by the act of July sixteen, eighteen hundred and ninety-two (Statutes at Large, volume twenty-seven, page one hundred and ninety-nine), shall indicate as to each building rented the area thereof in square feet of available floor space for Government uses, the rate paid per square foot for such floor space, the assessed valuation of each building, and what proportion, if any, of the rental paid includes heat, light, elevator, or other service.-Sec. 3, act of May 1, 1913 (38 Stat., 3).

TELEPHONE AND TELEGRAPH SERVICE.

1258. Government to have priority in transmission of messages.-Telegrams between the several departments of the Government and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right of way, timber, or station lands from the public domain shall have priority over all other business, at such rates as the Postmaster General shall annually fix. And no part of any appropriation for the several Departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section.-Sec. 5266, R. S.

1259. Expenditures for, in private residences restricted.—That no money appropriated by this or any other act shall be expended for telephone service installed in any private residence or private apartment or for tolls or other charges for telephone service from private residences or private apartments, except for long-distance telephone tolls required strictly for the public business, and so shown by vouchers duly sworn to and approved by the head of the department, division, bureau, or office in which the official using such telephone or incurring the expense of such tolls shall be employed.-Sec. 7, act of Aug. 23, 1912 (37 Stat., 414).

TEMPORARY VACANCIES.

CHIEFS OF BUREAUS, SECRETARY OF WAR, ETC.

1260. Chiefs of bureaus.-In case of the death, resignation, absence, or sickness of the chief of any bureau, or of any officer thereof, whose appointment is not vested in the head of the department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease.-Sec. 178, R. S.

1261. Secretary of War.-The President may authorize and direct the Commanding General of the Army or the chief of any military bureau of the War Department to perform the duties of the Secretary of War under the provisions of section one hundred and seventy-nine of the Revised Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his temporarily performing such duties.-Sec. 1, act of Aug. 5, 1882 (22 Stat., 238).

1262. Attorney General.—In any of the cases mentioned in the two preceding sections, except the death, resignation, absence, or sickness of the Attorney General, the President may, in his discretion, authorize and direct the head of any other department or any other officer in either department, whose appointment is vested in the president, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed or the sickness or absence of the incumbent shall cease.-Sec. 179, R. S.

1263. Limited to thirty days.-A vacancy occasioned by death or resignation must not be temporarily filled under the three preceding sections for a longer period than thirty days.-Sec. 180, R. S., as amended by act of Feb. 6, 1891 (26 Stat., 733).

1264. Extra compensation not allowed.-An officer performing the duties of another office, during a vacancy, is authorized by sections one hundred and seventy-seven, one hundred and seventy-eight (Rev. Stat.), and one hundred and seventy-nine (id.), is not by reason thereof entitled to any other compensation than that attached to his proper office.-Sec. 182, R. S.

TRANSPORTATION.

THE ARMY AND ITS SUPPLIES.

1265. Transportation of troops, etc., Secretary of War to have control, etc., of.-The transportation of troops, munitions of war, equipments, military property, and stores, throughout the United States, shall be under the immediat control and supervision of the Secretary of War and such agents as he may appoint.-Sec. 220, R. S.

1266. Appropriation for.-For transportation of the Army and its supplies, including transportation of the troops when moving either by land or water, and of their baggage, including the cost of packing and crating; for trans

* *

*

portation of recruits and recruiting parties; of applicants for enlistment between recruiting stations and recruiting depots; for travel allowance to enlisted men on discharge, and members of the National Guard who have been mustered into the service of the United States and are discharged for physical disabilities; of persons on their discharge from the United States disciplinary barracks or from any place in which they have been held under a sentence of dishonorable discharge and confinement for more than six months, or from the Government Hospital for the Insane after transfer thereto from such barracks or place, to their homes (or elsewhere as they may elect), provided the cost in each case shall not be greater than to the place of last enlistment; of supplies furnished to the militia for the permanent equipment thereof; of the necessary agents and other employees, including per diem allowances in lieu of subsistence not exceeding $4 for those authorized to receive the per diem allowance; of clothing and equipage and other quartermaster stores from Army depots or places of purchase or delivery to the several posts and Army depots and from those depots to the troops in the field; of horse equipment; of ordnance and ordnance stores, and small arms from the foundries and armories to the arsenals, fortifications, frontier posts and Army depots; for payment of wharfage, tolls, and ferriages; for transportation of funds of the Army; for the hire of employees; * * *.-Annual appropriation act.

1267. Land-grant railroads.-For the payment of Army transportation lawfully due such land-grant railroads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in cases decided under such land-grant acts), but in no case shall more than fifty per centum of full amount of service be paid: Provided, That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large, and shall be accepted as in full for all demands for such service: Provided further, That in expending the money appropriated by this act, a railroad company which has not received aid in bonds of the United States, and which obtained a grant of public land to aid in the construction of its railroad on condition that such railroad should be a post route and military road, subject to the use of the United States for postal, military, naval, and other Government services, and also subject to such regulations as Congress may impose, restricting the charge for such Government transportation, having claims against the United States for transportation of troops and munitions of war and military supplies and property over such aided railroads, shall be paid out of the moneys appropriated by the foregoing provision only on the basis of such rate for the transportation of such troops and munitions of war and military supplies and property as the Secretary of War shall deem just and reasonable under the foregoing provision, such rate not to exceed fifty per centum of the compensation for such Government transportation as shall at the time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all demands for such service: And provided further, That nothing in the preceding provisos shall be construed to prevent the accounting officers of the Government from making full payment to land-grant railroads for trasportation of property or persons where the courts of the United States have held that such property or persons do not come within the scope of the deductions provided for in the land-grant act.-Annual appropriation act.

1268. Transportation of troops, etc.; preference to be given in time of war; prompt delivery in time of peace; embargoes prohibited.-In time of war or threatened war preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. And in time of peace shipments consigned to agents of the United States for its use shall be delivered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to shipments so consigned.--Act of Aug. 29, 1916 (39 Stat., 604).

1269. Same.-Exclusive control of systems in time of war.-The President, in time of war, is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or transportation of troops, war material and equipment, or for such other purposes connected with the emergency as may be needful or desirable.-Act of Aug. 29, 1916 (39 Stat., 645).

1270. Motor vehicles, what shall constitute; in the District of Columbia to be registered and furnished identification tags free of cost.-The term "motor vehicles" used herein shall include all vehicles propelled by internal-combustion engines, electricity, or steam, except traction engines, road rollers, and vehicles propelled only upon rails and tracks. Motor vehicles owned and maintained in the District of Columbia by the United States or the government of the District of Columbia shall be registered and furnished identification tags without cost.Act of Mar. 3, 1917 (39 Stat., 1012).

1271. Transportation of baggage, enlisted men, ten or more years' service.— Hereafter when an enlisted man having ten or more years' service in the Army is discharged on account of disability incurred in the line of duty, transportation of his authorized change of station allowance of baggage from his last duty station to his home, in addition to other travel allowances fixed by law, may be authorized by the Secretary of War.-Act of Aug. 29, 1916 (39 Stat., 633).

1272. Excess baggage. For transportation of the Army and its supplies, including transportation of troops when moving either by land or water, and of their baggage, including the cost of packing and crating: Provided, That hereafter baggage in excess of regulation change of station allowances may be shipped with such allowances, and reimbursement collected for transportation charges on such excess.-Act of Mar. 23, 1910 (36 Stat., 255).

1273. Officers on official duties. Hereafter in the performance of their official and military duties officers of the Army are authorized, under such regulations as may be established by the Secretary of War, to use means of transportation herein provided for.-Act of Mar. 3, 1911 (36 Stat., 1051).

1274. Private mounts of officers.-Hereafter transportation may be furnished for the owned horses of an officer not exceeding the number authorized by law, from point of purchase to his station, when he would have been entitled to and did not have his authorized number of owned horses shipped upon his last change of station, and when the cost of shipment does not exceed that from his old to his new station.-Act of Mar. 23, 1910 (36 Stat., 255).

1275. Same. In excess of authorized number.-Hereafter private mounts of officers in excess of the authorized mounts may be shipped on Government bill of lading with authorized mounts, and reimbursement collected for transportation charges on such excess mounts.—Act of Apr. 27, 1914 (38 Stat., 365).

1276. Transportation to persons to whom artificial limbs are furnished.— The Secretary of War is authorized and directed to furnish to the persons embraced by the provisions of section forty-seven hundred and eighty-seven, transportation to and from their homes and the place where they may be required to go to obtain artificial limbs provided for them under authority of law. The necessary transportation to have artificial limbs fitted shall be furnished by the Quartermaster General of the Army, the cost of which shall be refunded out of any money appropriated for the purchase of artificial limbs.-Act of Aug. 15, 1876 (19 Stat., 203).

1277. Transportation of property of other departments.-Hereafter the Quartermaster General and his officers, under his instructions wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the bureau to which such property or stores pertain.-Act of July 5, 1885 (23 Stat., 111).

OF ANIMALS.

1278. Time limit for continuous confinement on cars and vessels.-No railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, whose road forms any part of a line of road over which cattle, sheep, swine, or other animals shall be conveyed from one State or Territory or the District of Columbia into or through another State or Territory or the District of Columbia, or the owners or masters of steam, sailing, or other vessels carrying or transporting cattle, sheep, swine, or other animals from one State or Territory or the District of Columbia into or through another State or Territory or the District of Columbia, shall confine the same in cars, boats, or vessels of any description for a period longer than twentyeight consecutive hours without unloading the same in a humane manner into properly equipped pens for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented by storm or by other accidental or unavoidable causes which can not be anticipated or avoided by the exercise of due diligence and foresight: Provided, That upon the written request of the owner or person in custody of that particular shipment, which written request shall be separate and apart from any printed bill of lading, or other railroad form, the time of confinement may be extended to thirty-six hours. In estimating such confinement, the time consumed in loading and unloading shall not be considered, but the time during which the animals have been confined without such rest or food or water on connecting roads shall be included, it being the intent of this act to prohibit their continuous confinement beyond the period of twentyeight hours, except upon the contingencies hereinbefore stated: Provided, That it shall not be required that sheep be unloaded in the nighttime, but where the time expires in the nighttime in case of sheep the same may continue in transit to a suitable place for unloading, subject to the aforesaid limitation of thirtysix hours.-Act of June 29, 1906 (34 Stat., 607).