hereafter become inmates of the Home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the Iome. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pensioner to whom it would otherwise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his discharge from the institution. The board of commissioners may from time to time pay over to any inmate such part of his pension-money as they think best for his interest and consistent with the discipline and good order of the Home, but such pensioner shall not be entitled to demand or have the same so long as he remains an inmate of the Home. In case of the death of any pensioner, any pension money due him and remaining in the hands of the treasurer shall be paid to his legal heirs, if demand is made within three years; otherwise the same shall escheat to the Home. [22 Stat. L. 564.]

See R. S. sec. 4820 (supra, p. 255), which is practically superseded by the above section.

SEC. 5. [Uniform for inmates free of cost.] That a suitable uniform shall be furnished to every inmate of the Home, without cost to him. [22 Stat. L. 565.]

SEC. 6. [Aid by out-door relief to persons entitled to admission.] That the board of commissioners are authorized to aid persons who are entitled to admission to the Home, by out-door relief, in such manner and to such an extent as they may deem proper; but such relief shall not exceed the average cost of maintaining an inmate of the IIome. [22 Stat. L. 565.]

Funds for payments on account of out-door relief, see Act of Jan. 16, 1891, ch. 74, infra,

p. 258.

SEC. 7. [Officers to be selected by President - bond of treasurer.] That the Governor and all other officers of the Home shall be selected by the President of the United States, and the Treasurer of the Home shall be required to give a bond in the penal sum of twenty thousand dollars for the faithful performance of his duty. [22 Stat. L. 565.]

This supersedes so much of R. S. sec. 4816 (supra, p. 254), as provides for the selection of the officers by the secretary of war.

Furnishing supplies to officers. The board of commissioners possess authority to permit the governor, deputy governor, and treasurer, who are retired officers of the army, and who reside at the home and have its affairs in charge, to make use of ordinary supplies of

fuel, light, forage, milk, ice, or vegetables, produced at or obtained for the uses of the home, and may pay the treasurer, out of the funds of the home, a salary for his services, notwithstanding such officers are retired officers of the army, and are permitted by statute to receive from the government only the pay and emoluments allowed by law to retired officers. (1892) 20 Op. Atty.-Gen. 350.

SEC. 8. [Funds to be deposited in U. S. treasury and interest paid.] That all funds of the Home not needed for current use, and which are not now invested in United States registered bonds, shall, as soon as received, or as soon as present investments can be converted into money without loss, be deposited in the Treasury of the United States to the credit of the Home, as a permanent fund, and shall draw interest at the rate of three per centum per annum, which shall be paid quarterly to the treasurer of the Home; and the proceeds of such registered bonds, as they are paid, shall be deposited in like manner. No part of the principal sum so deposited shall be withdrawn for use except upon a resolution of the board of commissioners stating the necessity and approved by the Secretary of War. [22 Stat. L. 565.]

See the Act of Jan. 16, 1891, ch. 74, infra, p. 258, authorizing the treasurer of the United States to receive and keep on deposit funds of the Soldiers' Home. Volume III,

8 F. S. A.-17

257

SEC. 9. [Borrowing money on credit of Home prohibited.] That no officers of the Home shall borrow any money on the credit of the Home for any purpose, nor shall any pledge of any of its property or securities for any purpose be valid. [22 Stat. L. 565.]

SEC. 10. [Board of Commissioners, of whom to consist.] That the Board of Commissioners of the Soldiers' Home shall hereafter consist of the General in Chief commanding the Army [,] the Surgeon General, the Commissary General, the Adjutant General, the Quartermaster General, the Judge Advocate General and the Governor of the Home, and the General in Chief shall be President of the Board, and any four of them shall constitute a quorum for the transaction of business. [22 Stat. L. 565.]

This supersedes that part of R. S. sec. 4815 (supra, p. 253), which deals with the board and the quorum thereof.

Officer pro tem. When the place of any chief of bureau named in this section has been temporarily filled under section 178, R. S., the person so temporarily acting may

perform the duties of such officer as a member of the board of commissioners of the Soldiers' Home, just as he performs the other duties of the officer in whose stead he is acting. (1901) 23 Op. Atty.-Gen. 473. See also (1892) 20 Op. Atty.-Gen. 483.

SEC. 11. [Repeal.] That all laws and parts of laws relating to the Soldiers' Home now in force and not inconsistent with this act are continued in force, and such as are inconsistent herewith are to that extent repealed. [22 Stat. L. 565.]

SEC. 12. [Makes temporary appropriation to adjust accounts.]

An act to authorize the Treasurer of the United States to receive and keep on deposit funds of the Soldiers' Home in the District of Columbia.

[Act of Jan. 16, 1891, ch. 74, 26 Stat. L. 718.]

[U. S. Treasurer to be custodian of funds, etc. - funds may be transferred to New York.] That the Treasurer of the United States be, and he is hereby, authorized and directed to receive and keep on deposit, subject to the checks or drafts of the treasurer of the Soldier's Home in the District of Columbia, all funds which may now be under the control of the said Treasurer of the Soldier's Home, or may hereafter be furnished him or in any manner come into his possession for use in defraying the current expenses of maintaining the said Soldiers' Home, and, upon the request of said treasurer of the Soldiers' Home, there shall be transferred, from funds to his credit with the United States Treasurer, and placed to his credit with the assistant treasurer of the United States in New York City, New York, such sums as he may require monthly or quarterly for payments on account of "out-door relief" to members of said Soldiers' Home residing at a distance therefrom. [26 Stat. L. 718.]

See section 8 of the Act of March 3, 1883, ch. 130, supra, p. 257, which provides also for the deposit of funds to the credit of the Soldiers' Home.

An act to prohibit the granting of liquor licenses within one mile of the Soldiers' Home. [Act of Feb. 28, 1891, ch. 385, 26 Stat. L. 797.]

[Liquor licenses prohibited within one mile of Soldiers' Home.] That on and after the passage of this act no license for the sale of intoxicating liquor at any place within one mile of the Soldiers' Home property in the District of Columbia shall be granted. [26 Stat. L. 797.]

[Medical and hospital supplies at contract price.] Soldiers' Home, District of Columbia: That hereafter, upon proper application therefor, the Medical Department of the Army is authorized to sell medical and hospital supplies at its contract prices to the Soldiers' Home in the District of Columbia. [30 Stat. L. 54.]

This is from the Sundry Civil Appropriation Act of June 4, 1897, ch. 2.

* * *

[IV. NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.]

Sec. 4825. [Organization of the National Home for Disabled Volunteer Soldiers.] The President, Secretary of War, Chief Justice, and such other persons as have been or from time to time may be associated with them, shall constitute a board of managers of an establishment for the care and relief of the disabled volunteers of the United States Army, to be known by the name and style of "The National Home for Disabled Volunteer Soldiers," and have perpetual succession, with powers to take, hold, and convey real and personal property, establish a common seal, and to sue and be sued in courts of law and equity; and to make by-laws, rules, and regulations, not inconsistent with law, for carrying on the business and government of the home, and to affix penalties thereto. [R. S.]

Act of March 21, 1866, ch. 21, 14 Stat. L. 10; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.

Not "soldiers' home."-The National Home for Disabled Volunteer Soldiers is not one of the institutions known as a regularly constituted "soldiers' home," and legislative provisions relating to and making appropriations for "soldiers' homes" have no reference to the institution established by this statute. (1872) 14 Op. Atty. Gen. 14.

Sec. 4826. [Election of citizen managers.] Nine managers of the National Home for Disabled Volunteers shall be elected from time to time, as vacancies occur, by joint resolution of Congress. They shall all be citizens of the United States, and all residents of States which furnished organized bodies of soldiers to aid in suppressing the rebellion commenced in eighteen hundred and sixtyone; and no two of them shall be residents of the same State, and no person who gave aid or countenance to the rebellion shall ever be eligible. The term of office of these managers shall be for six years, and until a successor is elected. [R. S.]

Act of March 21, 1866, ch. 21, 14 Stat. L. 10; Act of March 12, 1867, ch. 1, 15 Stat. L. 1; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.

Eleven managers instead of nine, as provided in the above section, are now authorized by Res. No. 21 of March 3, 1891, given infra.

[Board of managers to consist of eleven members.] That the Board of Managers for the National Home for Disabled Volunteer Soldiers shall hereafter consist of eleven members, [Remainder of resolution names managers.] [26 Stat. L. 1117.]

This is from the Joint Resolution No. 21 of March 3, 1891, "to increase the number of members of the board of managers of the National Home for Disabled Volunteer Soldiers, and fill vacancies in such board.”

An earlier Act (March 2, 1887, ch. 316, 24 Stat. L. 444) had raised the number to ten, "one of whom shall be a resident of a state or territory west of the Rocky mountains."

Sec. 4827. [Election of officers of the board of managers.] The twelve managers of the National Home for Disabled Volunteer Soldiers shall elect from their own number a president, who shall be the chief executive officer of the board, two vice-presidents, and a secretary. Seven of the board, of whom the president or one of the vice-presidents shall be one, shall form a quorum for the transaction of business at any meeting of the board. [R. S.]

Sec. 4828. [Expenses of managers.] No member of the board of managers of the National Home shall receive any compensation as such member. But the traveling and other actual expenses of a member incurred while upon the business of the home may be paid, and any member of the board having other duties connected with the home may receive a reasonable compensation therefor, to be determined by the board. [R. S.]

Act of March 21, 1866, ch. 21, 14 Stat. L. 10; Act of March 12, 1867, ch. 1, 15 Stat. L. 1; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.

Compensation to managers for any duty connected with home allowed by this section is forbidden by the provision from the Act of

Aug. 18, 1894, ch. 301, given infra. The president and secretary of the board are, however, allowed salaries.

Traveling expenses of officers not managers, see provision from Act of Aug. 18, 1894, ch. 301, infra.

[Managers not to receive pay expenses -salaries of president and secretary.] That hereafter no member of the Board of Managers of the National Home for Disabled Volunteer Soldiers shall receive any compensation or pay for any services or duties connected with the Home; but the traveling and other actual expenses of a member, incurred while upon the business of the Home, may be reimbursable to such member: Provided, That the president and secretary of the Board of Managers may receive a reasonable compensation for their services as such officers, not exceeding four thousand dollars and two thousand dollars, respectively, per annum. [28 Stat. L. 412.]

This is from the Sundry Civil Appropriation Act of Aug. 18, 1894, ch. 301.

Sec. 4829. [Officers of the National Home.] The officers of the National Home shall consist of a governor, a deputy governor, a secretary, a treasurer, and such other officers as the managers may deem necessary. They shall be appointed from honorably discharged soldiers who served as mentioned in the following section; and they may be appointed and removed, from time to time, as the interests of the institution may require, by the Board of Managers. Provided, That surgeons, assistant surgeons, and other medical officers of the National Home for Disabled Volunteer Soldiers, and the several branches thereof, may be appointed from others than those who have been disabled in the military service of the United States.

Originally this section was as follows: "SEC. 4829. The officers of the National Home shall consist of a governor, a deputy governor, a secretary, and a treasurer, and such other officers as the managers may deem necessary. They shall be appointed from disabled officers who served as mentioned in the following section; and they may be appointed and removed from time to time, as the inter

[R. S.]

ests of the institution may require, by the board of managers." Act of March 21, 1866, ch. 21, 14 Stat. L. 11; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.

A substitute for this section was enacted by the Act of April 11, 1892, ch. 40, 27 Stat. L. 15. This substitute is all of that part of the section as given in the text preceding the proviso.

66

The Act of Feb. 9, 1897, ch. 205, 29 Stat. L. 517, further amended this section fortyeight hundred and twenty-nine," without reference to the prior amendment, by adding the words commencing with the word" Provided." Eligibility of officers. See provision from the Act of June 28, 1902, ch. 1301, given infra.

Persons connected with liquor traffic are de

clared ineligible to hold any position or employment, by a provision contained in the Act of March 3, 1887, ch. 362, given infra, p. 268. For acts relating to the treasurer, his bond, etc., see infra, pp. 266-268.

Classification of rates of pay of officers and employees, see provision from the Act of Aug. 18, 1894, ch. 301, infra, 267.

[Officers of Home to be persons whose record would render them eligible for admission.] Hereafter the officers of the National Home for Disabled Volunteer Soldiers, and officers under the Board of Managers thereof, shall be appointed, so far as may be practicable, from persons whose military or naval service would render them eligible, if disabled and not otherwise provided for, for admission to the Home, and they may be appointed, removed, and transferred, from time to time, as the interests of the institution may require, by the Board of Managers. [32 Stat. L. 472.]

This is from the Sundry Civil Appropriation Act of June 28, 1902, ch. 1301.

Sec. 4830. [Sites for homes may be purchased, and buildings erected.] The board of managers shall have authority to procure from time to time, at suitable places, sites for military homes for all persons serving in the Army of the United States at any time in the war of the rebellion, not otherwise provided for, who have been or may be disqualified for procuring their own support by reason of wounds received or sickness contracted while in the line of their duty during the rebellion; and to have the necessary buildings erected, having due regard to the health of location, facility of access, and capacity to accommodate the persons entitled to the benefits thereof. [R. S.]

Act of March 21, 1866, ch. 21, 14 Stat. L. 10; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.

Sites may be condemned. - See provision from Act of July 19, 1897, ch. 9, 30 Stat. L.

121, making provisions of Act of Aug. 1, 1888, applicable to this board of managers, under title PUBLIC PROPERTY, BUILDINGS, AND GROUNDS.

Sec. 4831. [Funds for support of home.] For the establishment and support of the National Home for Disabled Volunteer Soldiers there shall be appropriated all stoppages or fines adjudged against such officers and soldiers by sentence of court-martial or military commission, over and above the amounts necessary for the re-imbursement of the Government or of individuals; all forfeitures on account of desertion from such service; and all moneys due such deceased officers and soldiers, which now are or may be unclaimed for three years after the death of such officers and soldiers, to be repaid upon the demand of the heirs or legal representatives of such deceased officers or soldiers. The board of managers are also authorized to receive all donations of money or property made by any person or persons for the benefit of the home, and to hold or dispose of the same for its sole and exclusive use. [R. S.]

Act of March 21, 1866, ch. 21, 14 Stat. L. 10; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.

Appropriations for home available until expended. See provision from Act of June 6,

1900, ch. 785, given under title ESTIMATES, APPROPRIATIONS, AND REPORTS, vol. 2, p. 914. Part of the above section 4831 is repealed by the following provision from the Act of March 3, 1875, ch. 129.

[Home not to have fines and forfeitures of soldiers as before.] That so much of the act entitled "An act to incorporate a National Military and Naval Asylum for the relief of totally disabled officers and men of