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Sec. 4832. [What persons are entitled to benefit of National IIome --assignment of pensions.] The following persons only shall be entitled to the benefits of the National Home for Disabled Volunteer Soldiers, and may be admitted thereto, upon the recommendation of three of the board of managers, namely: All officers and soldiers who served in the late war for the suppression of the rebellion, and the volunteer soldiers and sailors of the war of eighteen hundred and twelve and of the Mexican war, and not provided for by existing laws, who have been or may be disabled by wounds received or sickness contracted in the line of their duty; and such of these as have neither wife, child, nor parent dependent upon them, on becoming inmates of this home, or receiving relief therefrom, shall assign thereto their pensions when required by the board of managers, during the time they shall remain therein or receive its benefits. [R. S.]
Act of March 21, 1866, ch. 21, 14 Stat. L. 26, 1900, ch. 586, and Jan. 28, 1901, ch. 11; Res. No. 45 of Feb. 28, 1871, 16 Stat. 184. L. 599; Act of Jan. 23, 1873, ch. 51, 17 Stat. “The assignment of the pension certificate L. 417.
does not give to the managers a right to colPensions of inmates. See the later pro lect or receive the pension therein mentioned visions on this subject from the Acts of Aug. for any period of time other than while the 7, 1882, ch. 433; Feb. 26, 1881, ch. 80; July 1, pensioner is an inmate of the home.” (1879) 1902, ch. 135l, given infru, p. 264.
16 Op. Atty.-Gen. 377. Soldiers in any war admissible. So far as Such provisions do not include arrears of it relates to the persons admissible to the pensions that may be due to the inmates home, the above section is superseded by the under the Pension Act of Jan. 25, 1879, ch. following provisions from the Acts of May 23. (1879) 16 Op. Atty.-Gen. 374.
[Who may be admitted to home.] Hereafter the following persons only shall be entitled to the benefits of the National Home for Disabled Volunteer Soldiers and may be admitted thereto upon the order of a member of the Board of Managers, namely: All honorably discharged officers, soldiers, and sailors who served in the regular or volunteer forces of the United States in any war in which the country has been engaged, who are disabled by disease, wounds, or otherwise, and who have no adequate means of support, and by reason of such disability are incapable of earning their living. [31 Stat. L. 217.]
This is from the Army Appropriation Act of May 26, 1900, ch. 586.
Sec. 5. (Who may be admitted to home.] That all honorably discharged soldiers and sailors who served in the war of the rebellion and the Spanish-American war, and the provisional army and the volunteer soldiers and sailors of the war of eighteen hundred and twelve and of the Mexican war, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. [31 Stat. L. 745.]
This is the fifth and last section of the Act of Jan. 28, 1901, ch. 184, to establish a branch home near Johnson City, Tenn. It appears to be general in its application to the home in all its branches.
See similar provisions in section 5 of the Act of July 5, 1884, ch. 223, authorizing the location of a branch home in either of several western states; section 2 of the Act of March 2, 1887, ch. 316, 24 Stat. L. 444, authorizing the location of a branch home west of the Rocky mountains; section 5 of the Act of July 23, 1888, ch. 695, 25 Stat. L. 341, authorizing the location of a branch home in Grant county, Indiana.
[Pensions of inmates of National IIome to be paid to treasurers. ] That all pensions and arrears of pensions payable or to be paid to pensioners who are or may become inmates of the National Home for Disabled Volunteer Soldiers shall be paid to the treasurers of said home, to be applied by such treasurers as provided by law, under the rules and regulations of said home. Said payments shall be made by the pension agent upon a certificate of the proper officer of the home that the pensioner is an inmate thereof on the day to which said pension is drawn. The treasurers of said home, respectively, shall give security, to the satisfaction of the managers of said home, for the payment and application by them of all arrears of pension and pension-moneys they may receive under the aforesaid provision. And section two of the act entitled “An act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-two, and for deficiencies, and for other purposes," approved February twenty-sixth, eighteen hundred and eightyone, is hereby revived and continued in force.
[22 Stat. L. 322.]
This is from the Sundry Civil Appropriation Act of Aug. 7, 1882, ch. 433.
Section 2 of the Act of Feb. 26, 1881, above mentioned and continued in force, is given below.
SEC. 2. [Pensioners in home, how paid.] All pensions payable, or to be paid under this act, to pensioners who are inmates of the National Home for Disabled Volunteer Soldiers shall be paid to the treasurer or treasurers of said home, upon security given to the satisfaction of the managers to be disbursed for the benefit of the pensioners without deduction for fines or penalties under regulations to be established by the managers of the home; said payment to be made by the pension agent upon a certificate of the proper officer of the home that the pensioner is an inmate thereof and is still living. Any balance of the pension which may remain at the date of the pensioner's discharge shall be paid over to him; and in case of his death at the home, the same shall be paid to the widow, or children or in default of either to his legal representatives. [21 Stat. L. 350.)
The above section 2 is from the Pension Appropriation Act of Feb. 26, 1881, ch. 80. It is "continued in force” by the provision from the Act of Aug. 7, 1882, ch. 433, given supra.
[Payment of pension after death of inmate.] Hereafter any balance of pension money due a member of the National Home for Disabled Volunteer Soldiers at the time of his death shall be paid to his widow, minor children or dependent mother or father in the order named, and should no widow, minor child, or dependent parent be discovered within one year from the time of the death of the pensioner, said balance shall be paid to the post fund of the Branch of said National Home of which the pensioner was a member at the time of his death, to be used for the common benefit of the members of the Home under the direction of the
Board of Managers, subject to future reclamation by the relatives hereinbefore designated, upon application filed with the Board of Managers within five years after the pensioner's death. [32 Stat. L. 564.]
This is from the Deficiencies Appropriation Act of July 1, 1902, ch. 1351.
Sec. 4833. [Outdoor relief — if branch unfit for habitation, members may be transferred - report to Congress.] The Managers of the National IIome for Disabled Volunteer Soldiers are authorized to aid persons who are entitled to its benefits by outdoor relief, in such manner and to such extent as they may deem proper, but such relief shall not exceed the average cost of maintaining an inmate of the Home: Provided, That in the event that buildings at any Branch of the Home shall be destroyed by fire or rendered unfit for habitation because of pestilence or by the elements, then and in that event the Board of Managers shall have authority to remove the members of said Branch so afflicted or destroyed to any other Branch not so affected, and to do this they may use any funds appropriated for the Home, notwithstanding they may have been specifically appropriated for other purposes, to the extent that such funds shall be necessary to effect such a transfer and the maintenance and support thereafter of said members so transferred, and shall report their doings therein to the Congress and their expenditures as in other cases of expenditures: Provided further, That the appropriations for any fiscal year shall not be exceeded. R. S.]
This section was amended to read as above relief shall not exceed the average cost of given by the Act of Aug. 23, 1894, ch. 316, maintaining an inmate of the home.” Act of 28 Stat. L. 492.
March 21, 1866, ch. 21, 14 Stat. L. 11; Act Originally this section was as follows: of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.
“ SEC. 4833. The managers of the National R. S. sec. 3678 requires appropriations to Home for Disabled Volunteers are authorized be applied solely to the objects for which to aid persons who are entitled to its benefits they are made. See ESTIMATES, APPROPRIAby outdoor relief in such manner and to such TIONS, AND REPORTS, vol. 2, p. 897. extent as they may deem proper; but such
Sec. 4834. [Duties of board of managers.] The board of managers shall make an annual report of the condition of the National Home for Disabled Volunteer Soldiers to Congress on the first Monday of every January; and the board shall examine and audit the accounts of the treasurer and visit the home quarterly. [R. S.]
Act of March 21, 1866, ch. 21, 14 Stat. L. See also as to detailed statement of exll; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. penses to be submitted to secretary of war 417.
required by Act of March 3, 1885, ch. 360, Reports of expenditures, etc. - See provi title ESTIMATES, APPROPRIATIONS, AND REsion from the Act of March 3, 1887, ch. 362, PORTS, vol. 2, p. 926. 24 Stat. L. 539, given infra, p. 268.
Sec. 4835. [Inmates subject to articles of war.] All inmates of the National Home for Disabled Volunteer Soldiers shall be subject to the Rules and Articles of War, and in the same manner as if they were in the Army. [R. S.]
Act of March 21, 1866, ch. 21, 14 Stat. L. 11; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417. See ARTICLES OF WAR, vol. I, p. 478.
Sec. 4836. [Amendment, etc., of laws.] Congress may at any time alter, amend, or repeal the laws relating to the National Home for Disabled Volunteer Soldiers. [R. S.] Act of March 21, 1866, ch. 21, 14 Stat. L. 11; Act of Jan. 23, 1873, ch. 51, 17 Stat. L. 417.
Sec. 4837. [Relates to documents to be furnished certain homes. PUBLIC DOCUMENTS.]
[Designation of officer to assist treasurer and quartermaster at Homes bond.] Hereafter the Board of Managers of the National Home for Disabled Volunteer Soldiers may, in their discretion, designate and authorize an officer at each or any of the several Branches of the National Home for Disabled Volunteer Soldiers to perform such duties in connection with the offices of the treasurer and quartermaster at any such Branch as they may direct, and in the necessary absence or inability of either of said officers from any cause whatever to have power to act in their places and perform all of the duties connected with the said respective offices. All officers so designated and authorized to act as provided hereunder shall give bond to the general treasurer of the National Home for Disabled Volunteer Soldiers in such amount as he may require, and to be approved by him, faithfully to account for all public moneys and property which they may receive.
[31 Stat. L. 1178.] This is from the Sundry Civil Appropriation Act of March 3, 1901, ch. 853.
[General Treasurer and assistants — bond.] For salaries for officers and employees of the Board of Managers, and for outdoor relief and incidental expenses, namely:
For president of the Board of Managers, four thousand dollars; secretary of the Board of Managers, two thousand dollars; general treasurer, who shall not be a member of the Board of Managers, three thousand five hundred dollars ; inspector-general, two thousand five hundred dollars; assistant general treasurer and assistant inspector-general, who shall hereafter, in the necessary absence or inability of the general treasurer, from any cause whatever, perform his duties and give bond to the general treasurer for the faithful performance of such duties, but the general treasurer shall in every respect be responsible, on his bond, to the United States for any default on the part of such assistant general treasurer and assistant inspector-general, two thousand dollars ;
[31 Stat. L. 636.]
This is from the Sundry Civil Appropria when so designated, to give bonds for the tion Act of June 6, 1900, ch. 791.
faithful performance of such duties during The above paragraph seems to be in effect the absence or inability of the general treasa substitute for the provision in the Sundry urer, but the general treasurer shall in every Civil Appropriation Act of July 1, 1898, ch. respect be responsible, on his bond, to the 546, which reads as follows:
United States for any default of such clerk; “National Home for Disabled Volunteer
[30 Stat. L. 640.] Soldiers.
general treasurer, who The number of officers and their salaries shall not be a member of the Board of Man are dependent on the annual appropriation agers,
and the general treasurer acts, see 32 Stat. L, 472, for salaries for the may hereafter designate a clerk in his office year ending June 30, 1903. who, in the necessary absence or inability of Later appropriation acts also provide that the general treasurer from any cause what the general treasurer “shall not be a memever, shall perform his duties, and the gen ber of the board of managers,” see 32 Stat. eral treasurer may require the said clerk, L. 472.
[Traveling expenses of officers.] That when an officer of the National Home for Disabled Volunteer Soldiers, not a member of the Board of Managers thereof, travels under orders on business for the Home he shall be allowed seven
cents in lieu of all other expenses for each mile actually traveled, distance to be computed by the most direct through route. [28 Stat. L. 412.]
This is from the Sundry Civil Appropriation Act of Aug. 18, 1894, ch. 301.
[Employees to be classified
no duplicate pay rolls.] That the Board of Managers shall classify all the officers and employees of the National IIome for Disabled Volunteer Soldiers and establish a rate of pay and allowance for each class, and the rate so established shall not be increased by fees, perquisites, allowances, or advantages under any pretense whatever; and no employee shall be borne on more than one pay roll or voucher. [28 Stat. L. 412.)
This is from the Sundry Civil Appropriation Act of Aug. 18, 1894, ch. 301.
[Annual inspection under Secretary of War — report.] That hereafter, once in each fiscal year, the Secretary of War shall cause a thorough inspection to be made of the National Home for Disabled Volunteer Soldiers, its records, disbursements, management, discipline, and condition, such inspection to be made by an officer of the Inspector-General's Department, who shall report thereon in writing, and said report shall be transmitted to Congress at the first session thereafter. [28 Stat. L. 412.]
This is from the Sundry Civil Appropriation Act of Aug. 18, 1894, ch. 301.
[Expenses to be in book of estimates — number, salaries, and allowances of officers.] That hereafter the statement of expenses of the Board of Managers of the National IIome for Disabled Volunteer Soldiers shall each year be submitted in the annual book of estimates and shall be made to show the amount of salary or compensation paid to each of the officers and employees of said Board, and there shall also be submitted therewith a statement showing the number of officers appointed at each of the Branch Homes under Section four thousand eight hundred and twenty-nine of the Revised Statutes, the amount of salary or compensation paid to each, and the amount of allowance to each, if any, for contingent or other expenses.
[27 Stat. L. 384.] This is from the Sundry Civil Appropriation Act of Aug. 5, 1892, ch. 380.
[ [Disbursements to be accounted for-shipping supplies - posthumous fund - bond of general treasurer.] National Home for Disabled Volunteer Soldiers.
That all amounts disbursed from the appropriation of a Branch Home shall be disbursed and accounted for monthly to the general treasurer hy the treasurer of that Branch, except such expenditures for services, stationery, tableware, clothing and bedding as may be required by the Board of Managers to be legally made by the general treasurer, and all such stationery, tableware, clothing and bedding as may be required for each Branch Home shall be shipped directly from the place of purchase or manufacture to such Branch