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EMBRACING THE STATUTES OF THE UNITED STATES
IN FORCE DECEMBER 31, 1913
INCORPORATING UNDER THE HEADINGS OF THE REVISED STATUTES
TORY AND HISTORICAL NOTES
JOHN A. MALLORY
ASSISTED BY MEMBERS OF THE PUBLISHERS' EDITORIAL STATE
IN FIVE VOLUMES
The Revised Statutes of the United States, enacted in 1874, embraced the statutes, general and permanent in their nature, in force December 1, 1873. The second edition, known as the "Revised Statutes of 1878," incorporated in the text the specific amendments down to March 3, 1877, but merely gave marginal references to other statutes which might affect or modify the provisions of the Revised Statutes, and did not refer in any way to other new legislation. This is the latest authoritative edition. The laws passed after the Revision, down to 1901, were collected in successive Supplements to the Revised Statutes, which were nothing more than a condensation of the Statutes at Large, and reproduced the laws in chronological order, not revised or consolidated. As the Statutes at Large have accumulated, the search to ascertain the law in force has become continuously more laborious, not only from the increasing number of the volumes to be examined, but because many provisions contained in them, as well as in the Revised Statutes, have been repealed or superseded or amended (and often reamended) by later provisions.
The "Compiled Statutes of the United States, 1901,” collected and presented all the laws, general and permanent in their nature, in force in 1901, arranged according to subject matter, and compiled as thoroughly as possible without changing the language of the original enactments. The structure of the Revised Statutes of 1874 was taken as the basis of the compilation, and the headings of the titles, chapters, and sections therein, enacted as part thereof, were retained and adhered to very closely. The subsequent provisions, amending or otherwise affecting the Revised Statutes, or additional or cognate thereto, were inserted in the respective titles and chapters to which they pertained, and provisions relating to new subjects of legislation were compiled under new titles and chapters, inserted in appropriate places in the arrangement of the Revised Statutes.
Since the publication of the Compiled Statutes of 1901, the changes in the laws by amendment, revision, etc., have been very great. Especially important were the revisions of penal laws in the "Criminal Code,” in 1909, and of laws relating to the judiciary, in the "Judicial Code," in 1911, which repealed the greater part of the titles of the Revised Statutes, “Crimes,” and “The Judiciary,” respectively, and many subsequent acts and parts of acts relating to those subjects, leaving the unrepealed portions more or less fragmentary.
During that period, also, legislation on new subjects, principally in the exercise of the authority of Congress to regulate foreign and in
terstate commerce, has been very extensive, and the provisions first enacted have been frequently amended and supplemented by later acts.
The conditions described imperatively required a new compilation. This work, therefore, is not a mere new edition of the Compiled Statutes of 1901. The general plan and the contents of that compilation, as well as of the Revised Statutes, have been made available, but the compilation has been made anew, from the Revised Statutes and the subsequent Statutes at Large as the original sources. A number of provisions not incorporated in the Revised Statutes or in the Compiled Statutes of 1901, but which may be regarded as still in force, have been found and included in this work. Two titles of the Revised Statutes, “The Territories” and “Indians,” and all subsequent provisions relating to those subjects, were wholly omitted from the compilation of 1901, because most of such provisions in force at the time were in effect local or special or probably temporary. Changes in the conditions then existing have made it practicable to include herein the laws of the United States applicable to the Territories and to each of them and the several insular possessions, and to the Indians generally, with the same scope and mode of treatment as other subjects.
This new compilation, therefore, contains all the laws, general and permanent in their nature, in force December 31, 1913, arranged according to subject-matter, following the order of the familiar titles, chapters, and sections of the Revised Statutes. The general purpose is to incorporate everything that should be included in a new revision made with the scope and plan of the Revised Statutes. The method pursued is to present in the text only the law actually existing; therefore, acts and parts of acts that are merely local, special, temporary and expired or executed, repealed, or for which a substitute in express terms is provided, are omitted, and all matter directed by amendatory acts to be added, inserted, or substituted is incorporated. But no change in the language, either of the Revised Statutes or of the subsequent acts, has been made without express statutory authority, and in all such cases references to the statutory authority have been inserted, with explanatory notes. Provisions which have been clearly superseded or rendered inoperative by subsequent legislation are also omitted, if separable from their context, or, when not so separable, the superseded portion is inclosed in brackets; and, in either case, reference is made in the notes to the superseding acts.
New provisions, not specifically amending the Revised Statutes or other acts, and therefore not capable of being incorporated into them, are inserted, so far as practicable, so as to follow the sections or chapters of the Revised Statutes with which they are most nearly connected. Those which cannot be so inserted, because relating to subjects upon which Congress had not acted until after the Revision of ing titles, in such order as is appropriate in each case. The order of arrangement of the Revised Statutes is departed from only in a few instances, where sections left isolated by repeals or other changes are transferred, for the purpose of better compilation, and placed with cognate provisions. Cross-reference notes inserted in the original places of such sections refer to them as so transferred.
The original numbers of the sections of the Revised Statutes and of the chapters and sections of the subsequent acts included are retained, so that reference may be made to this compilation with the same facility and certainty as to the original enactments. Lawyers who have Gould and Tucker's notes, or other annotations referring to the Statutes, can use them with the Compiled Statutes as readily as with the Revised Statutes or the Statutes at Large.
The sections and parts of sections compiled in the text, for convenience of reference thereto, are also numbered consecutively throughout the entire work, as sections thereof.
The notes under the separate sections and provisions cite the acts, etc., originally incorporated in the Revised Statutes or inserted in this compilation, including all amendatory acts. They also explain fully the course of legislation relative to the subject, subsequent to the Revised Statutes, indicating the changes made, and, whenever useful, stating the purport or setting forth the language of provisions omitted because amended, repealed, superseded, or otherwise no longer in force. This is intended to obviate need of recourse to the Statutes at Large; but citations of those statutes are given, also, for all provisions so entirely abrogated as to be omitted from the text. Full explanations are also given in the notes as to the context of the provisions inserted, and as to related or similar or conflicting provisions in other places in the compilation, with any incidental matters which may aid in construction. Cross-references to related provisions are also copiously provided. All references to other sections or notes thereto are made specifically to the numbers of the sections in this work.
Besides the various aids to research accompanying the text, tables and indexes in every available form have been supplied. A table of the sections of the Revised Statutes shows all amendments, repeals, etc., thereof, and refers from each section to the corresponding section of the text of this work, if the section is included in the text, or, if it is not, to the page on which the reason for its omission is stated. A chronological table of laws included refers in like manner from each act or section or other part thereof to the section or sections of the text containing it. A similar table of acts and parts of acts omitted from the text but mentioned in the notes refers to the pages on which each such act or provision is referred to, and its omission, as repealed, superseded, etc., or temporary, etc., is explained. A list of popular names of the acts to which such names have been given, from 1789