Chapter 328.
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CHAP. 328.— An act to provide for the organization of the militia of the District of Columbia.March 1, 1889. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia. Militia organized. That every able-bodied male citizen resident within the District of Columbia, of the age of eighteen years and under the age of forty-five years, excepting persons exempted by section two. and idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any Persons to be enrolled.infamous crime, shall be enrolled in the militia.
Persons so convicted after enrollment shall forthwith be disenrolled; and in all cases of doubt respecting the age of a person enrolled, the burden of proof shall be upon him. Sec. 2. Exemptions. That in addition to the persons exempted from enrollment in the militia by the general laws of the United States, the following persons shall also be exempted from enrollment in the militia of the 773 District of Columbia, namely: Officers of the government of the District of Columbia; judges and officers of the courts of the district of Columbia; officers who have held commissions in the Regular or Volunteer Army or Navy of the United States: officers who have served for a period of live years in the militia of the District of Columbia or of any State of the United States: ministers of the gospel; practicing physicians; conductors and engine-drivers of railroad trains; members of the paid police and fire department.
Sec. 3. That the Commissioners of the District of Columbia shallAssessors to enroll. provide for the enrollment of the militia, and for this purpose may require the assessors of taxes, at the same time they are engaged in taking the assessment of valuation of real and personal property, to make a list of persons liable to enrollment: and such record shall be deemed a sufficient notification to all persons whose name are thus recorded that they have been enrolled in the militia.
Immediately after the completion of each enrollment they shall furnish the commanding-general of the militia with a copy of the same. Sec. 4. That the enrolled militia shall not be subject to any dutyDuty. except when called into the service of the United States, or to aid the civil authorities in the execution of the laws or suppression of riots. Sec. 5. That whenever it shall be necessary to call out any portionOrdering into service. of the enrolled militia the commander-in-chief shall order out, by draft or otherwise, or accept as volunteers as maney as required.
Every member of the enrolled militia who volunteers, or who is ordered out or drafted under the provisions of this act. who does not appear at the time and place designated, may be arrested by order of the commanding general and be tried and punished by a court-martial. The portion of the enrolled militia ordered out or accented shall be mustered into service for such period as may be required, and the commanding general may assign them to existing organizations of the active militia, or may organize them as the exigencies of the occasion may require.
Sec. 6. That the President of the United States shall be the commander-in-chiefCommander-in-chief. of the militia of the District of Columbia. Sec. 7. That there shall be appointed and commissioned by theCommanding general. President of the United States a commanding general of the militia of the District of Columbia, with the rank of brigadier-general, who shall hold office until his successor is appointed and qualified, but may be removed at any time by the President. Sec. 8.
That the staff of the militia of the District of ColumbiaStaff officers. shall be appointed and commissioned by the President, and hold office until their successors are appointed and qualified, but may be removed at any time by the President. It shall consist of one adjutant-general, with the rank of lieutenant-colonel; one inspector-general. one quartermaster-general, one commissary-general, one chief of ordnance, one chief engineer, one surgeon-general, one judge-advocate-general, and one inspector-general of rifle practice, each with the rank of major; and four aids-de-camp, each with the rank of captain.
The commanding generalnoncommissioned staff. may appoint a noncommissioned staff of the militia, to consist of one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, one ordnance sergeant, two staff sergeants, one hospital-steward, one color-sergeant, and one sergeant-bugler. Sec. 9. That the President may assign an officer of the Army toDetail for adjutant general. act as adjutant-general of the militia of the District of Columbia, who, while so assigned, shall be commissioned as such and be subject to the orders of the commanding general and the provisions of this act: *Provided, however*, That the officer so assigned shall receive no other pay or emolument than that to which his rankPay. in the Army entitles him when on detached service. 774 the active militia: its organization.Active militia.
Sec. 10. Organization of National Guard. That the active militia shall be composed of volunteers, and shall be designated the National Guard of the District of Columbia; and in case the militia of the District of Columbia are called into the service of the United States, or required for the suppression of riots, or to aid civil officers in the execution of the laws, shall be the first to be ordered into service. Sec. 11. Strength on peace basis. That in time of peace the National Guard shall consist of not more than twenty-eight companies of infantry, which shall be arranged by the commanding general into such regiments, battalions, and unattached companies as he may deem expedient; one battery of light artillery; one signal corps; one ambulance corps; one engineer corps: one band of music, and one corps of field musicians.
Sec. 12. Regiments of infantry. That regiments of infantry shall consist of three battalions; and to each regiment there shall be one colonel and one lieutenant-colonel. and a staff to consist of one surgeon, one adjutant, one quartermaster, one inspector of rifle practice, and one chaplain, each with the rank of captain; and a noncommissioned staff, consisting of one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, and one hospital-steward. Sec. 13. Infantry battalions.
That battalions of infantry shall consist of four companies; and to each battalion there shall be one major; and a staff consisting of one surgeon, one adjutant, one quartermaster, and one inspector of rifle practice, each with the rank of first lieutenant; and a noncommissioned staff, consisting one sergeant-major, one quartermaster-sergeant, and one hospital-steward. Sec. 14. Infantry companies. That to each company of infantry there shall be one captain, one first lieutenant, one second lieutenant, one first sergeant, four sergeants, one corporal to each ten privates, and not more than eighty-seven privates; and the minimum number of enlisted men shall be forty.
Sec. 15. Artillery battery. That the battery of light artillery shall have not less than four nor more than six guns. To four guns there shall be one captain, two first lieutenants, one second lieutenant, one first sergeant, one quartermaster-sergeant, five sergeants, eight corporals, two buglers, and not more than eighty-two privates: and the minimum number of enlisted men shall be fifty-seven. To more than four guns there shall be, for each additional gun. one sergeant, two corporals, and not more than twenty nor less than ten privates; for two additional guns there shall be one additional second lieutenant.
Sec. 16. Signal. ambulance, and engineer corps. That to each signal corps, ambulance corps, and engineer corps, there shall be one first lieutenant, two sergeants, two corporals, and not more than thirty-two nor less than fourteen privates. Sec. 17. Band. That the band of music shall consist of one chief musician, two sergeants, two corporals, and thirty-two privates; and the corps of field music of one principal musician, two sergeants, two corporals, and thirty-two privates.
The chief musician, principal musician, and other noncommissioned officers of the band and field music shall be appointed by the commanding general. Sec. 18. Disbanding of companies below minimum strength. That when any company of the National Guard shall, for a period of not less than ninety days, contain less than the minimum number of enlisted men prescribed by this act, or upon a duly ordered inspection. shall be found to have fallen below a proper standard of efficiency, the commanding general may either disband such company or consolidate it with any other company of the National Guard, and grant an honorable discharge to the supernumerary officers and noncommissioned officers produced by such consolidation.
Officers and enlisted men discharged by reason of such disbanding or consolidation and at any time thereafter reentering the service shall have allowed to them, as part of their term of service, the time already served. 775 election, appointment, and discharge of commissioned officers.Commissioned officers. Sec. 19. That all officers shall be commissioned by the President ofCommission. the United States. In time of peace, or when not in the service of the United States, they shall previously be elected or nominated as herein provided.
No person commissioned as an officer shall assume such rank, or enter upon the duties of the office to which he may be commissioned, until he has accepted such commission and taken such oathOath. or affirmation as may be prescribed. Sec. 20. That the staff officers of a regiment or battallion shall beStaff officers. nominated by the permanent commander thereof. Sec. 21. That field officers of regiments or battallions shall be nominatedField officers. by the commanding general.
Captains and lieutenants of companiesCompany officers. shall be elected by the written votes of the enlisted men of the respective companies. Sec. 22. That elections of officers shall be ordered and held underElections. such regulations as may be prescribed by the commanding general. Sec. 23. That every person accepting an election or nomination asExaminations. an officer shall appear before an examining board, to be appointed by the commanding general, which board shall examine said officer as to his military and other qualifications.
If any officer shall fail to appear before the board of examination within thirty days after being notified, or shall fail to pass a satisfactory examination, the fact shall be certified by the board to the commanding general, who shall thereupon declare the election or nomination of such officer null and void. If, in the opinion of the board such officer is competent, and otherwise qualified, they shall certify the fact to the commanding general, who shall thereupon recommend him to the President for commission.
Sec. 24. That a commissioned officer may be honorably discharged—Discharges. Upon tender of resignation; Upon disbandment of the organization to which he belongs; Upon report of a board of examination, or for failure to appear before such board when ordered. He may be dismissed upon the sentence of a court-martial; conviction in a court of justice of an infamous offense. the appointment and reduction of noncommissioned officers.noncommissioned officers. Sec. 25. That noncommissioned staff officers shall be appointed byAppointment. the permanent commander of the organization to which they belong; and permanent commanders of battalions shall appoint the noncommissioned officers of companies, upon the written nomination of the respective captains; but they may withhold such appointment if. in their judgment, there be proper cause: noncommissioned officers of unattached companies shall be appointed by there respective captains.
The permanent commander of any battalion or unattached company may reduce to the ranks any company noncommissioned officers of his command. enlistment and discharge of soldiers.Enlistment. Sec. 26. Enlistment in the National Guard shall be for the term ofTerm. three years: *Provided, however*, That any soldier who may have*Proviso*. received an honorable discharge, by reason of the expiration of his term of service, may. within thirty days thereafter, re-inlist for aReenlistment. term of one. two. or three years, to date from the expiration of his previous term.
All terms of service, except in case of reinlistment, shall commence at noon on the day of enlistment, and expire at noon on the day of discharge. 776 Sec. 27. Oath, etc. Every person enlisting in the National Guard shall sign an enlistment paper which shall contain an oath of allegiance to the United States. The requisites and regulations for enlistment and the form of enlistment paper and oath for enlisting men. shall he prescribed by the commanding general. Sec. 28. Discharges.
Honorable. That no enlisted man shall be honorably discharged before the expiration of his term of service, except by order of the commanding general, and for the following reasons: Upon his own application, approved by the commanding officer of his company, and by superior commanders; Upon removal from the District; Upon disability, established by certificate of medical officer: To accept promotion by commission; Whenever, in the opinion of the commanding general, the interest of the service demand such discharge.
Sec. 29. Dishonorable. That enlisted men shall be dishonorably discharged by order of the commanding general: To carry out the sentence of a court-martial; Upon conviction of felony in a civil court: Upon expulsion from his company, in accordance with its bylaws or regulations; Upon discovery of Reenlistment after previous dishonorable discharge. Sec. 30. Certificate of discharge. That every soldier discharged from the service of the district shall be furnish with a certificate of such discharge, which shall state clearly the reasons therefor.
Dishonorable discharges will have the word dishonorable written or printed diagonally across their faces, in large characters, with red ink, and the reenlistment clause will be erased by a line. arms uniforms, and equipments.Arms, etc. Sec. 31. That the Uniforms, arms, and equipments of the National Guard shall be the same as prescribed and furnished to the army of the United States. Every organization of the National Guard shall be provided with such ordnance and ordnance stores, clothing, camp and garrison equipage, quartermaster’s stores, medical supplies, and other military stores, as may be necessary for the proper training and instruction of the force and for the proper performance of the To be issued by Secretary of War.duties required under this act.
Such property shall be issued from the stores and supplies appropriated for the use of the Army, upon the approval and by the direction of the Secretary of War, to the commanding general, upon his requisitions for the same. The property so issued shall remain and continue to be the property of the United States, and shall be accounted for by the commanding general at such times, in manner, and on such forms, as the Secretary of War may require. Sec. 32. Regulations for issue, care, etc.
That the commanding general may transfer all public property, received by him for the use of the National Guard under the provision of this act, to the several departmental officers of the general staff, and may make and prescribe regulations for its issue by them, and for its care and preservation by the officers or soldiers to whom issued. Sec. 33. Returns, etc. That every officer receiving public property for military use shall be accountable for the articles so received by him, and shall make returns of such property at such times, in such manner, and on such forms as may be prescribed.
He shall be liable to trial by court-martial for neglect of duty, and also make good to the United States the value of all such property defaced, injured, destroyed or lost, by any neglect or default on his part, to be recovered in an action of tort, or by any other action at law. to be instituted by the judge-ad-vocategeneral of the militia at the order of the commanding gen- 777 eral. All money received on account of loss or damages shall be paid in the Treasury of the United States, and shall be accounted for by the commanding general in his returns to the Secretary of War.
Sec. 34. That any officer or soldier who shall sell, dispose of pawnPunishment for selling. etc., public property. or pledge, willfully destroy or injure, or retain after proper demand made, any public property issued under the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not exceeding two months, or by a fine not exceeding one hundred dollars, or by both; and it is hereby made the duty of the judge of the police court of the District of Columbia, upon information filed or complaint, made under oath, to issue process for the arrest of the offender, and to cause him to be brought before the police court to be dealt with according to the provisions of this section.
Sec. 35. That until an officer, or his legal representative shall haveLiability of officers. received notice that the property accounts of such officer have been examined and found correct, the liability of such officer, or of his estate, for public property for which he is or may have been responsible shall be in no way affected by resignation, discharge, change in official position, or death. Upon the death or desertion of an officer responsible for public property his immediate commander shall at once cause the property for which such officer was responsible to be collected, and a correct inventory made by actual count and examination; which inventory shall be forwarded to the commanding general, in order that any deficiency may be made good from the estate or the deceased or deserting officer; compensation for such deficiency may be recovered in the manner provided in section thirty-four.
Sec. 36. That property issued or provided under the provisions ofUnserviceable property. this act which becomes unfit for use, and is condemned as unserviceable shall be reported by the commanding general to the Secretary of War, and shall be disposed of as may be directed by him. Sec. 37. That any organization of the active militia may, with theDistinctive uniforms. approval of the commanding general, and at its own expense, adopt any other uniform than that issued to it: but such uniform shall not be worn when such organization is on duty under the orders of the commanding general except by his permission.
Sec. 38, That organizations of the National Guard shall have theRight to own personal property. right to own and keep personal property, which shall belong to and be under the control of the active members thereof: and the commanding officer of any organization may recover for its use any debts or effects belonging to it. or damages for injury to such property; action for such recovery to be brought, in the name of such commandingActions for injuries to. officer, before any justice of the peace, with the right of appeal to the supreme court of the District of Columbia, or before the supreme court of the District of Columbia: and no suit or complaint pending in his name shall be abated by his ceasing to be commanding officer of the organization; but. upon the motion of the commander succeeding him, such commander shall be admitted to prosecute the suit or complaint in like manner and with like effect as if it had been originally commenced by him.
Sec. 39. That the quartermaster-general of the militia shall provide,Armories to be provided. by rental or otherwise, such armories for the National Guard as may be allowed and directed by the commanding general. He shall also provide each organization with such lockers, closets, gun-racks, and cases or desks, as may be necessary for the care, preservation. and safekeeping of the arms, equipments, uniforms, records, and other military property in their possession. He shall also provide suitable rooms for the offices of the commanding general and staff, for the keeping of books, the transaction of business, and the instruction of officers, and also suitable places for the storage and safekeeping of public property. 778 military duties.Duties.
Sec. 40. Drills, etc., to be a military duty. That any drill, parade, encampment, or duty that is required, ordered, or authorized to be performed under the provisions of this act, shall be deemed to be a military duty, and while on such duty every officer and enlisted man of the National Guard shall be subject to the lawful orders of his superior officers, and for any military offense may be put and kept under arrest or under guard for a time not extending beyond the term of service for which he is then ordered.
Sec. 41. Prescribing drills, etc. That the commanding general shall prescribe such stated drills and parades as he may deem necessary for the instruction of the National Guard, and may order out any portion of the National Guard for such drills, inspections, parades, escort, or other duties, as he may deem proper. The commanding officer of any regiment, battalion, or company may also assemble his command, or any part thereof, in the evening for drill, instruction, or other business, as he may deem expedient; but no parade shall be performed by any regiment, battalion, company, or part thereof, without the permission of the commanding general.
Sec. 42. Annual inspection. That an annual inspection and muster of each organization of the National Guard, and an inspection of their armories and of public property in their possession, shall be made at such times and places as the commanding general may order and direct. Sec. 43. Camp duty. That the National Guard shall perform not less than six consecutive days of camp duty in each year, at such time as may be ordered by the commanding general; and the quartermaster-general of the militia, subject to the approval of the commanding general, shall provide, by rental or otherwise, a suitable camp ground for the annual encampment of the militia, make the necessary provisions thereon for the encampment, and provide necessary transportation to and from the same for baggage and supplies.
Sec. 44. Use or Washington Barracks. The National Guard shall have the use of the drill grounds and rillerange at the Washington Barracks, subject to the approval of the Secretary of War, and the commanding general of the militia shall provide such additional targets and accessories as may be necessary for the use of the militia. Sec. 45. Suppression of riots, etc. That when there is in the District of Columbia a tumult, riot. mob. or a body of men acting together by force with attempt to commit a felony or to offer violence to persons or property, or by force and violence to break and resist the laws, or when such tumult, riot, or mob is threatened, it shall be lawful for the commissioners of the District of Columbia, or for the United States marshal for the District of Columbia, to call on the commander-in-chief to aid them in suppressing such violence and enforcing the laws; the commander-in-chief shall thereupon order out so much and such portion of the militia as he may deem necessary to suppress the same, and no member thereof who shall be thus ordered out by proper authority for any such duty shall be liable to civil or criminal prosecution for any act done in the discharge of his military duty.
Sec. 46. Excuses from duty. That no officer or soldier of the National Guard, when ordered on duty to aid the civil authorities, or when ordered into the services of the United States in obedience to the call or order of the President, shall be excused from such duty except upon the certificate of the surgeon of his command of physical disability, such certificate to be presented to the commanding general in case of an officer, or to his company commander in case of a soldier.
If such officer or soldier fail to furnish such excuse he shall be tried and punished by a court-martial. For absence from any other military duty required or ordered under the provisions of this act the penalty shall be such as may be prescribed by the commanding general, or 779 the bylaws of the organization to which the officer or soldier belongs. Sec. 47. That the United States forces or troops, or any portion ofParade, etc., to have right of way. the militia, parading, or performing any duty according to law, shall have the right of way in any street or highway through which they may pass: *Provided*, That the carriage of the United States mails,*Proviso*.
Mail, tire department, etc. the legitimate functions of the police, and the progress and operations of fire-engines and fire departments shall not be interfered with thereby. Sec. 48. That every commanding officer, when on duty, may ascertainRules for parades and encampments. and fix necessary bounds and limits to his parade or encampment. Whoever intrudes within the limits of the parade or encampment after being forbidden, or whoever shall interrupt, molest, or obstruct any officer or soldier while on duty, may be put and kept under guard until the parade, encampment, or duty be concluded: and the commanding officer may turn over such person to any police officer, and said police officer is required to detain him in custody for examination or trial before the police court, and the judge thereof may punish such offense by a fine not exceeding twenty-five dollars.
Sec. 49. That all officers and employees of the United States andGovernmental employees. of the District of Columbia who are members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay or time, on all days of any parade or encampment ordered or authorized under the provisions of this act. military courts.Military courts. Sec. 50. Courts of inquiry, to consist of not more than three officers,Courts of inquiry. may be ordered by the commanding general, for the purpose of investigating the conduct of any officer, either at his own request or on a complaint or charge of conduct unbecoming an officer.
Such court of inquiry shall report the evidence adduced, a statement of facts, and an opinion thereon, when required, to the commanding general, who may, in his discretion, thereupon order a court-martial for the trial of the officer whose conduct has been inquired into. Sec. 51. That general courts-martial for the trial of commissionedCourts-martial. officers or enlisted men shall be ordered by the commanding general at such times as the interests of the service may require, and shall consist of not less than five nor more than thirteen officers, and a judge-advocate, none of whom shall be of less rank than the accused, when it can be avoided.
Sec. 52. That for the trial of enlisted men for all minor offensesTrials of enlisted men. the commanding officer of each battalion and unattached company shall, at such times as may be necessary, appoint courts-martial. Such battalion and company courts-martial shall consist, for a battalion, of one officer, whose rank is not below that of captain; and for a company, of a lieutenant. Such courts shall have power, subject to the approval of the officer ordering the court, to sentence to be reprimanded by said officer in battalion or company orders: or, in case of a company noncommissioned officers, to be reduced to the ranks, or to pay such fines as may be imposed and allowed by the regulations or bylaws of the organization to which the accused belongs; and such court may. with the approval of the commanding general, sentence to be reprimanded in general orders or to be dishonorably discharged.
Sec. 53. That the president of a general court-martial or court ofProceedings in trials. inquiry and the officer constituting a battalion or company court-martial. shall have power to administer the usual oath to witnesses, and may issue summonses for all witnesses whose attendance at such court may, in his opinion, be necessary, and any officer or soldier failing to serve such summons, and any witness failing to appear and testify when so summoned, shall be liable to trial by court-martial. 780 Sec. 54.
To conform to Army trials. That in all courts-martial and courts of inquiry the arraignment of the accused, the proceedings, trial, and record shall in all respects conform as nearly as practicable to the regulations for the same in the Army of the United States. expenses and allowances. Sec. 55. General expenses. That there shall be allowed for the general expenses of the militia such sums as may be necessary for the rental and furnishing of offices for headquarters, stationery, postage, printing and issuing orders, advertising orders, providing necessary blanks for the use of the militia, the cost of storing, caring for, and issuing all public property, and such other contingent expenses, not herein specially provided for, as may be estimated and appropriated for; the accounts for which shall be certified to by the officer receiving the service or property charged for, approved by the commanding general, and paid in the manner provided in section sixty.
Sec. 56. Payment to band, etc. That during the annual encampment, and on every duty or parade ordered by the commanding general, there shall be allowed and paid for each day of service: To each member of the regularly enlisted band, four dollars; to each member of the regularly enlisted corps of field music, two dollars; to the chief musician, eight dollars, and to the principal musician, six dollars. In event there is no enlisted band or field music, or not a sufficient number of either, the commanding general may authorize the employment of such as he may deem necessary for the occasion.
The payments for bands of music and drum corps shall be made in the manner provided in section sixty. Sec. 57. Subsistence while on duty. That during the annual encampment, or when ordered on duty to aid the civil authorities, the National Guard shall be furnished with subsistence stores, of the kind, quality, and amount allowed and prescribed by the Army. Such stores shall be issued from the stores and supplies appropriated for the use of the Army, upon the approval and by the direction of the Secretary of War, to the commanding general upon his requisitions for the same.
Sec. 58. Estimates. That the commanding general shall annually transmit to the Commissioners of the District of Columbia an estimate of the amount of money required for the next ensuing fiscal year to pay the expenses authorized by this act. and the said Commissioners shall include the same in their annual estimates of appropriations for the District; and all money appropriated to pay the expenses authorized Disbursements.by this act shall be disbursed by the Commissioners of the District of Columbia, upon vouchers duly certified and approved by the commanding general, and accounted for by them in the same manner as all other moneys appropriated for the expenses of the District. general provisions.
Sec. 59. Regulations. That companies, battalions, or regiments may adopt constitutional articles of agreement or bylaws, subject to the approval of the commander-in-chief, for the government of matters relating to the civic affairs of their respective organizations, the regulation of fines for nonperformance of duty, and the determination of causes *Provisos*. Not to be repugnant to law. etc.upon which excuses from fines may be based: *Provided, however*, That such articles or rules shall not be repugnant to law or the regulations for the government of the militia: *And provided further*, That the articles or rules adopted by any company or battalion shall Company and battalion rules.not be repugnant to the articles or rules adopted for the general government of the regiment or battalion to which it belongs.
Certified copies of such articles or rules, with like copies of all alterations, as finally approved by the commanding general, shall be deposited in the office of the adjutant-general. 781 Sec. 60. The departmental and military duties of the officers providedDuties of officers. for in this act shall be correlative with those discharged by similarly designated officers in the Army of the United States. Sec. 61. That the system of discipline and field-exercise ordered toDiscipline. be observed by the Army of the United States, or such other system as may hereafter be directed for the militia bylaws of the United States’, shall be observed by the National Guard.
Sec. 62. That the commanding general, subject to the approval ofCommanding general to make regulations. the commander-in-chief, is authorized to make and publish regulations for the government of the militia in all matters not specifically provided for by law. conforming the same to the practice and regulations of the Army so far as they may be applicable. Sec. 63. That the act “more effectually to provide for the organizationRepeal. Vol. 2, p. 215. R. S. D. C., ch. 37, p. 138. of the militia of the District of Columbia,” approved March third, eighteen hundred and three, is hereby repealed.
Approved, March 1, 1889.