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a national prison, * * And said jail may also be used for the care and confinement of United States prisoners in the Texarkana division of the western district of Arkansas. (30 Stat. 417.)

This was an act entitled "An act declaring the federal jail at the city of Fort Smith, Arkansas, a national prison for certain purposes."

The part of the act omitted provided for the confinement in the jail of persons convicted of crimes in the United States courts and commissioners' courts in the Indian Territory. It was superseded by Act June 16, 1906, c. 3335, 34 Stat. 267, providing for the admission into the Union of Oklahoma Territory and the Indian Territory as the state of Oklahoma.

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TITLE LXXI

THE SLAVE TRADE

(R. S. §§ 5551-5569. Repealed or obsolete.)

This Title of the Revised Statutes included sections 5551-5569, thereof. The provisions contained in those sections, except sections 5562, 5565, 5566, 5568, 5569, were incorporated into the Criminal Code, in chapter 10 thereof, ante, §§ 10419-10444, and were repealed by section 341 thereof, ante, § 10515.

R. S. §§ 5562, 5565, 5566, providing for a bounty distribution of forfeitures incurred, and contracts for reception in Africa of persons delivered from seized vessels, were not included among the sections repealed by said section 341, ante, § 10515, but their provisions were not carried into said Code, apparently because obsolete.

R. S. §§ 5568, 5569, providing for contracts for reception in West Indies of persons delivered from seized vessels, were not incorporated in or repealed by said Criminal Code, apparently because obsolete.

TITLE LXXII

GUANO ISLANDS

(R. S. §§ 5570-5578. Transferred.)

This Title of the Revised Statutes included sections 5570-5578 thereof. Those sections are placed, with provisions relating to other insular possessions, ante, under Title XXIII, "The Territories and Insular Possessions," as chapter 3 E of that Title, "Guano Islands," §§ 3916-3924.

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TITLE LXXIII

THE SMITHSONIAN INSTITUTION

Sec.

10565. Incorporation of the institution.

10566. Regents.

10567. Appointment of regents.

10568. Organization of board.

10569. Acting Secretary. 10570. Duties of Secretary.

10571. Statement of expenditures of in

stitution.

Sec.

10579. Library.

10580. Evidence of title to site and buildings.

10581. Protection of property.

10582. Appropriation of interest.
10583. Acceptance of other sums.
10584. Disposal of unappropriated
money.

10572. Report of director of National 10585. Disbursements.

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The President, the Vice-President, the Chief Justice, and the heads of Executive Departments are hereby constituted an establishment by the name of the Smithsonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succession with the powers, limitations, and restrictions hereinafter contained, and no other.

Act Aug. 10, 1846, c. 178, § 1, 9 Stat. 102. Act March 20, 1871, c. 1, 17 Stat. 1. Act Feb. 27, 1877, c. 69, 19 Stat. 253. Act March 12, 1894, c. 36, 28 Stat. 41.

A preamble to this Title of the Revised Statutes was as follows:

"James Smithson, esquire, of London, in the kingdom of Great Britain, having by his last will and testament given the whole of his property to the United States of America, to found, at Washington, under the name of the 'Smithsonian Institution,' an establishment for the increase and diffusion of knowledge among men; and the United States having, by an act of Congress, received said property and accepted said trust; therefore, for the faithful execution of said trust, according to the will of the liberal and enlightened donor." This section, as originally enacted, constituted the President, the Vice-President, the Secretaries of State, the Treasury, War, and the Navy, the Postmaster-General, the Attorney-General, the Chief Justice, the Commissioner of the Patent Office, and the Governor of the District of Columbia, and such persons as they might elect honorary members, an establishment by the name of the

"Smithsonian Institution," for the purposes and with the powers specified in the section as set forth here.

It was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by changing the words "Patent Office" to the word "Patents," and was further amended by Act March 12, 1894, c. 36, last cited above, by altering the section so as to read as set forth here; omitting therefrom the Commissioner of Patents and the Governor of the District of Columbia, the latter office having been abolished; and omitting also the provision for honorary members.

§ 10566. (R. S. § 5580, as amended, Act March 12, 1894, c. 36.) Regents.

The business of the institution shall be conducted at the city of Washington by a Board of Regents, named the Regents of the Smithsonian Institution, to be composed of the Vice-President, the Chief Justice of the United States, and three members of the Senate and three members of the House of Representatives; together with six other persons, other than members of Congress, two of whom shall be resident in the city of Washington; and the other four shall be inhabitants of some State, but no two of them of the same State.

Act Aug. 10, 1846, c. 178, § 3,9 Stat. 103. Act Jan. 10, 1865, c. 11, 13 Stat. 420. Act March 20, 1871, c. 1, 17 Stat. 1. Act March 12, 1894, c. 36, 28 Stat. 41.

This section was amended by Act March 12, 1894, c. 36, cited above, by striking out, after the words "the Chief Justice of the United States," the words "The Governor of the District of Columbia," the latter office having been abolished, making the section read as set forth here.

The National Zoological Park, established by Act March 2, 1889, c. 370, § 4, 25 Stat. 808, was placed under the direction of the regents of the Smithsonian Institution by Act April 30, 1890, c. 173, § 2, post, § 10588.

§ 10567. (R. S. § 5581.) Appointment of regents.

The regents to be selected shall be appointed as follows: The members of the Senate by the President thereof; the members of the House by the Speaker thereof; and the six other persons by joint resolution of the Senate and House of Representatives. The members of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner, to serve until the fourth Wednesday in December, in the second year succeeding their appointment. The Senators so appointed shall serve during the term for which they shall hold, without re-election, their office as Senators. Vacancies, occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. The regular term of service for the other six members shall be six years; and new elections thereof shall be made by joint resolutions of Congress. Vacancies occasioned by death, resignation, or otherwise may be filled in like manner by joint resolution of Congress.

Act Aug. 10, 1846, c. 178, § 3, 9 Stat. 103..

§ 10568. (R. S. § 5582.) Organization of board.

The regents shall meet in the city of Washington and elect one of their number as chancellor, who shall be the presiding officer of the Board of Regents, and called the chancellor of the Smithsonian Institution, and a suitable person as Secretary of the institution, who

shall also be the secretary of the Board of Regents. The board shall also elect three of their own body as an executive committee, and the regents shall fix on the time for the regular meetings of the board; and, on application of any three of the regents to the Secretary of the institution, it shall be his duty to appoint a special meeting of the Board of Regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of the board, five shall constitute a quorum to do business. Each member of the board shall be paid his necessary traveling and other actual expenses, in attending meetings of the board, which shall be audited by the executive committee, and recorded by the Secretary of the board; but his service as regent shall be gratuitous.

Act Aug. 10, 1846, c. 178, § 3, 9 Stat. 103.

§ 10569. (Act May 13, 1884, c. 44.) Acting Secretary.

The Chancellor of the Smithsonian Institution may, by an instrument in writing filed in the office of the Secretary thereof, designate and appoint a suitable person to act as Secretary of the Institution when there shall be a vacancy in said office, and whenever the Secretary shall be unable from illness, absence, or other cause to perform the duties of his office; and in such case the person so appointed may perform all the duties imposed on the Secretary by law until the vacancy shall be filled or such inability shall The said Chancellor may change such designation and appointment from time to time as the interests of the Institution may in his judgment require. (23 Stat. 21.)

This was an act entitled "An act to provide for the appointment of an Acting Secretary of the Smithsonian Institution."

This act was a repetition, in substance, of Act Jan. 24, 1879, c. 21, 20 Stat. 264.

§ 10570. (R. S. § 5583.) Duties of Secretary.

The Secretary of the Board of Regents shall take charge of the building and property of the institution, and shall, under their direction, make a fair and accurate record of all their proceedings, to be preserved in the institution; and shall also discharge the duties of librarian and of keeper of the museum, and may, with the consent of the Board of Regents, employ assistants.

Act Aug. 10, 1846, c. 178, § 7, 9 Stat. 105.

§ 10571. (Act Oct. 2, 1888, c. 1069, § 1.) Statement of expenditures of institution.

The Secretary of the Smithsonian Institution shall submit to Congress at its next session a detailed statement of the expenditures of the fiscal year eighteen hundred and eighty-eight, under appropriations for "International Exchanges," "North American Ethnology," and the "National Museum," and annually thereafter a detailed statement of expenditures under said appropriations shall be submitted.

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