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A History of the First Half-Century of the National Academy of Sciences: 1863-1913 (1913)

Chapter: APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES

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Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 349
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 350
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 351
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 352
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 353
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 354
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 355
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 356
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 357
Suggested Citation:"APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES." National Research Council. 1913. A History of the First Half-Century of the National Academy of Sciences: 1863-1913. Washington, DC: The National Academies Press.
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Page 358

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APPENDICES 349 Report of the committee on methods of inspecting distilled spirits subject to duty. Ann. Rep. for ~867, pp. ~2-44. tReport on the question of the value of the water-proofing process employed in the manufacture of the fractional currency.] In House Misc. Doc. no. ~63, part a, 44th Congress, fist Session, pp. 22-28, Apr. 3, ~ 876. Report on surveys of the Territories. Ann. Rep. for ~878, pp. ~9-22; also House Misc. Doc. no. 5, 45th Congress, 3d Session, pp. ~-~7, Dec. 3, ~878. Report on the sorghum sugar industry. Sen. Misc. Doc. no. 5~, 47th Congress, ad Session. 8°, pp. ~-~52. Washington, ~883. Report on methylated spirits. Ann. Rep. for ~883, pp. 57-63. Report on glucose. Ann. Rep. for ~883, pp. 65-~43; also separate. Report on the national surveys and signal service. Ann. Rep. for ~884, pp. 33-63; also in Sen. Misc. Doc. no. 82, 48th Congress, fist Session, pp. ~-37~. ~886. Report on customs duty on philosophical and scientific apparatus. Ann. Rep. for ~884, pp. 65-67. Report on the astronomical day, the eclipse of the sun in ~886, and the erection of a new Naval Observatory. Ann. Rep. for ~885, pp. 35-79; also Sen. Exec. Doc. no. 67, 48th Con- gress, fist Session, February lo, ~886. Report on tariff classification of wool. Ann. Rep. for ~885, pp. 8~-99; also Treas. Dep. Doc. 805, ~886. Report on opium. Ann. Rep. for ~886, pp. 39-40. Report on opium, ~887. Ann. Rep. for i887, pp. 3~-35. Report on sugar determinations. Ann. Rep. for ~887, pp. 37-45. Preliminary report on the investigation of the north magnetic pole. Ann. Rep. for ~890, pp. 33-35. A conventional standard of color. (Preliminary correspondence.) Ann. Rep. for ~893, pp. 43-46. tReport on specifications for the practical application of the definitions of the ampere and volt.] Ann. Rep. for ~895, pp. 9-~3; also Sen. Misc. Doc. no. ~5, 53d Con- gress, 3d Session, February ~9, ~895; see also Ann. Rep. for ~894, PP. 39-42. 24

35o APPENDICES Report of the commission appointed by the National Academy of Sciences upon a forest policy for the forested lands of the United States. Ann. Rep. for ~897, pp. 29-73; also, separate, Washington, Government Printing Office, ~ 897. 8°, pp. ~-47. tReport on the question of establishing a forest reserve on the Southern Appa- lachian region.] Ann.Rep.for~902,p.~6. [Report on the Declaration of Independence.] Ann. Rep. for ~903, pp. ~3-~5. Report on scientific surveys of the Philippine Islands. Ann. Rep. for ~904, pp. 2~-33; also Sen. Doc. no. ~45, Seth Congress, 3d Session, February 7, ~905. 8°, pp. ~-22. Report on the conduct of scientific work under the United States Government. Ann. Rep. for ~908, pp. 27-3~; also House Doc. no. ~337, 60th Con- gress, ad Session, January ~ 8, ~909. 8°, pp. ~-5.

APPENDIX V ACT OF INCORPORATION, CONSTITUTION, AMENDMENTS AND RULES ACT OF INCORPORATION AN ACT To incorporate the National Academy of Sciences. Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled, That Louis Agassiz, Massachusetts; J. H. Alexander, Maryland; S. Alexander, New Jersey; A. D. Bache, at large; F. A. P. Barnard, at large; J. G. Barnard, United States Army, Massachusetts; W. H. C. Bartlett, United States )/Iilitary Academy, Missouri; U. A. Boyden, Massachu- setts; Alexis Caswell, Rhode Island; William Chauvenet, Missouri; l. H. C. Cohn, United States Naval Academy, Maine; I. A. Dahlgren, United States Navy, Pennsylvania; I. D. Dana, Connecticut; Charles H. Davis, United States Navy, Massachusetts; George Engelmann, Saint Louis, Mo.; I. F. Frazer, Penn- sylvania; Wolcott Gibbs, New York; J. M. Gilliss, United States Navy, District of Columbia; A. A. Gould, Massachusetts; B. A. Gould, Massachusetts; Asa Gray, Massachusetts; A. Guyot, New Jersey; lames Hall, New York; Joseph Henry, at large; I. E. Hilgard, at large, Illinois; Edward Hitchcock, Massa- chusetts; l. S. Hubbard, United States Naval Observatory, Connecticut; A. A. Humphreys, United States Army, Pennsylvania; I. L. Le Conte, United States Army, Pennsylvania; I. Leidy, Pennsylvania;.~. P. Lesley, Pennsylvania; M. F. Longstreth, Pennsylvania; D. H. Mahan, United States Military Academy, Vir- ginia; l. S. Newberry, Ohio; H. A. Newton, Connecticut; Benjamin Peirce, Massachusetts; John Rodgers, United States Navy, Indiana; Fairman Rogers, Pennsylvania; R. E. Rogers, Pennsylvania; W. B. Rogers, Massachusetts; L. M. Rutherfurd, New York; Joseph Saxton, at large; Benjamin Silliman, Connecti- cut; Benjamin Silliman, junior, Connecticut; Theodore Strong, New Jersey; John Torrey, New York; J. G. Totten, United States Army, Connecticut; Joseph Winlock, United States Nautical Almanac, Kentucky; le$ries Wyman, Massachusetts; J. D. Whitney, California; their associates and successors duly chosen, are hereby incorporated, constituted, and declared to be a body corporate, by the name of the National Academy of Sciences. SEC. 2. hind be it further enacted, That the National Academy of Sciences shall consist of not more than fifty ordinary members, and the said corporation hereby constituted shall have power to make its own organization, including its con- stitution, by-laws, and rules and regulations; to 611 all vacancies created by death, 351

r:: 352 APPENDICES resignation, or otherwise; to provide for the election of foreign and domestic members, the division into classes, and all other matters needful or usual in such institution, and to report the same to Congress. SEC. 3. And be it further enacted, That the National Academy of Sciences shall hold an annual meeting at such place in the United States as may be desig- nated, and the Academy shall, whenever called upon by any Department of the Government, investigate, examine, experiment, and report upon any subject of science or art, the actual expense of such investigations, examinations, experi- ments, and reports to be paid from appropriations which may be made for the purpose, but the Academy shall receive no compensation whatever for any serv- ices to the Government of the United States. Approved, March 3, ~863. - AMENDMENTS AN ACT To amend the act to incorporate the National Academy of Sciences. Be it enacted by the Serrate arid House of Representatives of the United States of America in Congress assembled, That the act to incorporate the National Academy of Sciences, approved March third, eighteen hundred and sixty-three, be, and the same is hereby, so amended as to remove the limitation of the number of ordinary members of said academy as provided in said act. Approved, July ~4, ~870. AN ACT To authorize the National Academy of Sciences to receive and hold trust funds Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Academy of Sciences, incor- porated by the act of Congress approved March third, eighteen hundred and sixty-three, and its several supplements, be, and the same is hereby, authorized and empowered to receive bequests and donations and hold the same in trust, to' be applied by the said academy in aid of scientific investigations according to the will of the donors. Approved, June 20, ~884. CONSTITUTION OF THE NATIONAL ACADEMY As amended and adopted April 17, 1872, and further amended April 20, 1875; April HI, I88I; April I9, 1882 ; April I8, 1883; April I9, 1888; April I8, 1895; April 20, 1899; April I 7, I 902; April I 8, I 906; November 20, I 906; April I 7, I 907; November 20, I 907; April 20, I9II; April I6, I9I2. PREAMBLE Empowered by the act of incorporation enacted by Congress, and approved by the President of the United States on the 3d day of March, A. D. ~863, and in conformity with the amendment to said act, approved July ~4, ~870, the National Academy of Sciences adopts the following amended constitution and rules:

APPENDICES ARTICLE I. OF MEMBERS 353 SEC. I. The academy shall consist of members, honorary members, and foreign associates. Members must be citizens of the United States. SEC. 2. Members who, from age or inability to attend the meetings of the academy, wish to resign the duties of active membership, may, at their own request, be transferred to the roll of honorary members by a vote of the academy. SEC. 3. The academy may elect 50 foreign associates. SEC. 4. Honorary members and foreign associates shall have the privilege of attending the meetings and of reading and communicating papers to the academy, but shall take no part in its business, shall not be subject to its assessments, and shall be entitled to a copy of the publications of the academy. ARTICLE II.~F THE OFFICERS SEC. I. The officers of the academy shall be a president, a vice president, a foreign secretary, a home secretary, and a treasurer, all of whom shall be elected for a term of six years, by a majority of votes present, at the first stated meeting after the expiration of the current terms, provided that existing officers retain their places until their successors are elected. In case of a vacancy, the election for six years shall be held in the same manner at the meeting when such vacancy occurs, or at the next stated meeting thereafter, as the academy may direct. A vacancy in the once of treasurer or home secretary may, however, be filled by appointment of the president of the academy until the next stated meeting of the academy. SEC. 2. The officers of the academy, together with six members to be elected by the academy, shall constitute a council for the transaction of such business as may be assigned to them by the constitution or the academy. SEC. 3. The president of the academy, or, in case of his absence or inability to act, the vice president, shall preside at the meetings of the academy and of the council; shall name all committees except such as are otherwise especially pro- vided for; shall refer investigations required by the Government of the United States to members especially conversant with the subjects and report thereon to the academy at its meeting next ensuing; and, with the council, shall direct the general business of the academy. It shall be competent for the president, in special cases, to call in the aid, upon committees, of experts or men of special attainments not members of the academy. SEC. 4. The foreign and home secretaries shall conduct the correspondence proper to their respective departments, advising with the president and council in cases of doubt, and reporting their action to the academy at one of the stated meetings in each year. It shall be the duty of the home secretary to give notice to the members of the place and time of all meetings, of all nominations for membership, and of all pro- posed amendments to the constitution.

3 54 APPENDICES The minutes of each meeting shall be duly engrossed before the next stated meeting under the direction of the home secretary. SEC. 5. The treasurer shall attend to all receipts and disbursements of the academy, giving such bond and furnishing such vouchers as the council may require. He shall collect all dues from members, and keep a set of books showing a full account of receipts and disbursements. He shall present a general report at the annual meeting. He shall be the custodian of the corporate seal of the academy. ARTICLE III. OF THE MEETINGS SEC. I. The academy shall hold one stated meeting in each year, called the annual meeting, in the city of Washington, beginning on the third Tuesday in April, and another, called the autumn meeting, may be held at such place and time as the council shall determine. Special business meetings of the academy may be called, by order of eight members of the council, at such place and time as mall be designated in the call. Special scientific meetings of the academy may be held at times and places to be designated by a majority of the council. SEC. 2. The names of the members present at each session of a meeting shall be recorded in the minutes, and the members present at any session shall constitute a quorum for the transaction of business. SEC. 3. Scientific sessions of the academy, unless otherwise ordered by a majority of the members present, shall be open to the public; sessions for the transaction of business shall be closed. SEC. 4. Stated meetings of the council shall be held during the stated or special meetings of the academy. Special meetings of the council may be convened at the call of the president and two members of the council, or of four members of the council. SEC. 5. No member who has not paid his dues shall take part in the business of the academy. ARTICLE IV.—OF ELECTIONS AND RESIGNATIONS SEC. I. All elections shall be by ballot, and each election shall be held sepa- rately unless otherwise ordered by this constitution. SEC. 2. The time for holding an election of officers shall be fixed by the academy at least one day before the election is held. SEC. 3. The election of the six members of the council shall be as follows: At the annual meeting in April, agog, six members of the council to be elected, of whom two shall serve for three years, two for two years, and two for one year, their respective terms to be determined by lot. Each year thereafter the terms of two members shall expire, and their successors, to serve for three years, shall be elected at the annual meeting in each year.

APPENDICES 355 SEC. 4. The academy shall be divided by the council into standing committees representing the principal branches of scientific research. A member may be assigned to more than one of these committees. The president of the academy shall appoint, subject to the approval of the council, a member of each committee as its chairman, who shall be responsible for the work of the committee. Nominations to membership in the academy shall be made in writing, approved by a majority of the members of the committee on the branch of research in which the person nominated is eminent, or by a majority of the council in case there is no committee on the subject. The nominations shall be sent to the home secretary by the chairman of the committee before January ~ of the year in which the election is to be held, and each nomination shall be accompanied by a list of the principal contributions of the nominee to science. This list shall be printed by the home secretary for distribution among the members of the academy. SEC. 5. Election of members shall be held at the annual meeting in Wash- ington in the following manner: There shall be two ballots a preference ballot, which may be prepared either before or at the annual meeting and must be trans- mitted to the home secretary, and a final ballot to be taken at the meeting. Preference ballot.—Each member may inscribe on a ballot not more than lo names of nominees selected from the submitted list. A list of the nominees shall then be prepared, on which the names shall be entered in the order of the number of votes received by each. In case two or more nominees should have the same number of votes on this preference list, the order in which they shall be placed on the list shall be determined by a majority vote of those present. Final ballot.—A vote shall first be taken on the nominee who appears first on the preference list, and he shall be declared elected if he receive two-thirds of the votes cast and not less than 20 votes in all, provided that the number of members of the academy be not ~50 or over, in which case to be declared elected he must receive four-fifths of the votes cast and not less than 25 votes in all. A vote shall then be taken in similar manner on the nominee standing second on the prefer- ence list, and so on until all the nominees on the preference list shall have been acted on, or until lo nominees shall have been elected. Not more than lo members shall be elected at one annual meeting. Before and during elections a discussion of the merits of nominees will be in order. The election of members may be suspended at any time by a majority vote of the members present. SEC. 6. Every member elect shall accept his membership, personally or in writing, before the close of the next stated meeting after the date of his election. Otherwise, on proof that the secretary has formally notified him of his election, his name shall not be entered on the roll of members.

356 APPENDICES SEC. 7. The election of foreign associates shall be in the following manner: Foreign associates may be nominated by the council and may be elected at the annual meeting by a two-thirds vote of the members present. Each member shall indicate on a ballot those names for which he votes, and those nominees whose names appear on two-thirds of the votes cast shall be declared elected. A list of those nominated shall be sent to all members of the academy with the notice of the meeting at which the election is to be held. SEC. 8. A diploma, with the corporate seal of the academy and the signatures of the officers, shall be sent by the appropriate secretary to each member on his acceptance of his membership and to foreign associates on their election. SEC. 9. Resignations shall be addressed to the president and acted on by the academy. SEC. IO. Whenever a member has not paid his dues for four successive years, the treasurer shall report the fact to the council, which may report the case to the academy with the recommendation that the person thus in arrears be declared to have forfeited his membership. If this recommendation be approved by two- thirds of the members present, the said person shall no longer be a member of the academy and his name shall be dropped from the roll. ARTICLE V.~F SCIENTIFIC COMMUNICATIONS, PUBLICATIONS, AND REPORTS SEC. I. Communications on scientific subjects shall be read at scientific sessions of the academy, and papers by any member may be read by the author or by any other member, notice of the same having been previously given to the secretary. SEC. 2. Any member of the academy may read a paper from a person who is not a member, and shall not be considered responsible for the facts or opinions expressed by the author, but shall be held responsible for the propriety of the paper. Persons who are not members may read papers on invitation of the council or of the committee of arrangements. SEC. 3. The academy may provide for the publication, under the direction of the council, of proceedings, memoirs, and reports. SEC. 4. Propositions for investigations or reports by the academy shall be submitted to the council for approval, except those requested by the Government of the United States, which shall be acted on by the president, who will in such cases report their results to the Government as soon as obtained and to the academy at its next following stated meeting. SEC. 5. The advice of the academy shall be at all times at the disposition of the Government upon any matter of science or art within its scope. SEC. 6. An annual report to be presented to Congress shall be prepared by the president, and before its presentation submitted by him, first to the council and afterwards to the academy, at one of the stated meetings.

APPENDICES 357 SEC. 7. Medals and prizes may be established, and the means of bestowing them accepted by the academy upon the recommendation of the council, by whom all the necessary arrangements for their establishment and award shall be made. Bequests and trusts having for their object the advancement of science may also be accepted and administered by the academy. ARTICLE YI.~F THE PROPERTY OF THE ACADEMY SEC. I. All investments shall be made by the treasurer in the corporate name of the academy with the approval of a finance committee of three members, to be appointed annually by the president, of which the treasurer shall be one. Invest- ments shall be made in bonds of the United States, in state bonds, or bonds or notes secured by first mortgages on real estate, in investments legal for savings banks under the laws of Massachusetts or New York, or in other bonds recom- mended to the treasurer by the fiscal advisers of the academy. The council shall, at its annual meeting in each year, designate one bank or trust company in Washington, D. C., and one in New York city, to act, when requested by the treasurer, as the fiscal advisers of the academy. The treasurer shall have the authority, with the approval of the finance com- mittee, to change any investment held by him in the corporate name of the academy. SEC. 2. No contract shall be binding upon the academy which has not been first approved by the council. SEC. 3. The assessments required for the support of the academy shall be fixed by the academy on the recommendation of the council. ARTICLE VII.~F ADDITIONS AND AMENDMENTS Additions and amendments to the constitution shall be made only at a stated meeting of the academy. Notice of a proposition for such a change must be given at a stated meeting, and shall be referred to the council, which may amend the proposition, and shall report thereon to the academy. Its report shall be con- sidered by the academy in committee of the whole for amendment. The proposition as amended, if adopted in committee of the whole, shall be voted on at the next stated meeting, and if it receives two-thirds of the votes cast it shall be declared adopted. Absent members may send their votes on pending changes in the constitution to the home secretary in writing, and such votes shall be counted as if the members were present. RULES I. In the absence of any officer a member shall be chosen to perform his duties temporarily, by a plurality of viva voce votes, upon open nominations. II. On the first day of each stated session, immediately after calling the roll of members, a recording secretary shall be elected, by a plurality of members pres- ent, to assist the home secretary in keeping the records of the session.

358 APPENDICES III. The accounts of the treasurer shall, between January ~ and January ~5 of each year, be audited by a committee of three members to be appointed by the president at the autumn meeting of the academy. The auditing committee may employ an expert accountant to examine the books of the treasurer. This com- mittee shall inspect and verify the bonds, securities, and other property in the custody of the treasurer and shall compare the expenditures with the vouchers therefor. The annual report of the treasurer shall be published with that of the president to Congress. The reports of the treasurer and auditing committee shall be presented to the academy at the annual meeting. IV. A committee of arrangements, consisting of five members shall be appointed by the president for each stated session of the academy. This com- mittee shall meet not less than two weeks previous to each session. It shall be in session during the meetings to make arrangements for the reception of the members, to arrange the business of each day, and, in general, to attend to all business and scientific arrangements. It shall be the duty of the committee of arrangements to ascertain the length of time required for reading the several memoirs presented, and, when it appears advisable, to recommend a limit of time to be occupied in their discussion. V. At the meetings the order of business shall be as follows: I. Chair taken by the president, or, in his absence, by the vice president. z. Roll of members called by home secretary. 3. Minutes of the preceding meeting read and approved. 4. Stated business. 5. Reports of president, secretaries, treasurer, and committees. 6. Business from council. 7. Other business. 8. On the last day of the session the rough minutes of that day's proceedings are to be read for correction. VI. The rules of order of the academy shall be those of the Senate of the United States, unless suspended by unanimous consent. NTII. Unless otherwise ordered by the academy, the scientific meetings at the April session shall be held in the afternoon, the mornings being reserved for business. VIII. At each meeting the president shall announce the death of any members who may have died since the preceding meeting. As soon as practicable thereafter he shall designate a member to write—or with the approval of the president to secure from some other source a biographical notice of each deceased member. IX. The secretaries will receive memoirs at any time, and report the date of their reception at the next session; but no memoir shall be published unless it has been read or presented by title before the academy. Before publication all memoirs must be referred to the committee on publica- tion, who may, if they deem best, refer any memoir to a special committee l 1

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The National Academy of Sciences is the third oldest American institution, being established after the Smithsonian Institute and the American Association for the Promotion of Science. The Academy dates back to 1863, right in the midst of the American Civil War. Fortunately for the time, the Academy was vital to the development of the war in favor of the Union through its establishment of much needed scientific advancements and insight tantamount to those of the academies in Great Britain and the rest of Europe despite the involvement of science's most primary men. Since then, the Academy has served as a scientific adviser to the government, an adviser greatly appreciated by the government. The Academy's recommendations have been adopted, its findings accepted, and its investigations used to better advance the nation as a whole.

A History of the First Half-Century of the National Academy of Sciences: 1863-1913 (1913) illustrates the Academy's history from its creation to the appointment of Woodrow Wilson as president. The book features a detailed look into the founding and forming of the Academy; the annals of the academy including the classifications of membership in 1892; lists of those involved with the Academy including officers and foreign associates; the Academy's publications, and more.

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