[Obsolete ordnance issued to Homes.] That hereafter the Chief of Ordnance is authorized to issue such obsolete or condemned ordnance, gun carriages, and ordnance stores as may be needed for ornamental purposes to the Homes for Disabled Volunteer Soldiers, the Homes to pay for transportation out of any appropriation for current expenses. [31 Stat. L. 216.] This is from the Army Appropriation Act of May 26, 1900, ch. 586. 66 * * * A similar provision, but without the word hereafter," is contained in the Act of March 3, 1899, ch. 423. [V. GOVERNMENT HOSPITAL FOR THE INSANE.] Sec. 4838. [Establishment of the Government Hospital for the Insane.] There shall be in the District of Columbia a Government Hospital for the Insane, and its objects shall be the most humane care and enlightened curative treatment of the insane of the Army and Navy of the United States and of the District of Columbia. [R. S.] Act of March 3, 1855, ch. 199, 10 Stat. L. 682. Indigent persons, not of the army or navy, and not residents of the District of Columbia at the time they become insane, are not entitled to admission into the government hospital. (1855) 7 Op. Atty.-Gen. 450. The Act of June 6, 1900, creating a board of charities for the District of Columbia, does not affect the supervision or jurisdiction of the secretary of the interior over this institution. (1900) 23 Op. Atty.-Gen. 287. Sec. 4839. [The superintendent.] The chief executive officer of the Hospital for the Insane shall be a superintendent, who shall be appointed by the Secretary of the Interior, and shall be entitled to a salary of two thousand five hundred dollars a year, and shall give bond for the faithful performance of his duties, in such sum and with such securities as may be required by the Secretary of the Interior. The superintendent shall be a well-educated physician, possessing competent experience in the care and treatment of the insane; he shall reside on the premises, and devote his whole time to the welfare of the institution; he shall, subject to the approval of the visitors, engage and discharge all needful and usual employés in the care of the insane, and all laborers on the farm, and determine their wages and duties; he shall be the responsible disbursing agent of the institution, and shall be ex-officio secretary of the board of visitors. [R. S.] Act of March 3, 1855, ch. 199, 10 Stat. L. 682. The salary of the superintendent is in creased to four thousand dollars by the following provision from the Act of March 3, 1881, ch. 132. the Government Hospital for the Insane, * [Superintendent's salary four thousand dollars.] Superintendent of * * the salary of the said superintendent is hereby fixed at four thousand dollars per annum as originally provided in act of March second, eighteen hundred and sixty-seven. [21 Stat. L. 427.] * * * This is from the Deficiencies Appropriation Act of March 3, 1881, ch. 132. July 1, 1898, ch. 546, infra, p. 281. Superintendent to report annually to Congress. See provision from the Act of See provision from Act of June 4, 1880, ch. 121, under title ESTIMATES, APPROPRIATIONS, AND REPORTS, vol. 2, p. 937. Sec. 4840. [Board of visitors.] Nine citizens of the District of Columbia, to be appointed by the President, shall constitute a board of visitors of the Hospital for the Insane. The term of office of three visitors shall expire biennially on the thirtieth day of June in every alternate year, dating from the thirtieth day of June, eighteen hundred and fifty-seven. Should any vacancy occur by death, resignation, or otherwise, it shall be filled by appointment for the unexpired term of such visitor. The office of visitor shall be honorary and without compensation. [R. S.] Act of March 3, 1855, ch. 199, 10 Stat. L. 682. Sec. 4841. [President of board of visitors.] The board of visitors shall select from their number a president, to preside at their meetings for one year, or until a successor is elected. [R. S.] Act of March 3, 1855, ch. 199, 10 Stat. L. 682. Sec. 4842. [Powers and duties of the board of visitors.] The board of visitors, subject to the approval of the Secretary of the Interior, may make any needful by-laws for the government of themselves, and of the superintendent and his employés, and of the patients, not inconsistent with law; they shall visit the hospital at stated periods, and exercise so careful a supervision over its expenditures and general operations that the Government and community may have confidence in the correctness of its management; they shall make annually to the Secretary of the Interior a report for the preceding fiscal year setting forth the condition and wants of the institution. [R. S.] Act of March 3, 1855, ch. 199, 10 Stat. L. 682. Hospital to be under supervision of secre tary of interior. -- See provision from the Act of March 3, 1881, ch. 134, infra, p. 280. Sec. 4843. [Admission of insane persons of the Army, Navy, Marine Corps, etc.] The superintendent, upon the order of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Treasury, respectively, shall receive, and keep in custody until they are cured, or removed by the same authority which ordered their reception, insane persons of the following descriptions: First. Insane persons belonging to the Army, Navy, Marine Corps, and revenue-cutter service. Second. Civilians employed in the Quartermaster's, Pay, and Subsistence Departments of the Army who may be, or may hereafter become, insane while in such employment. Third. Men who, while in the service of the United States, in the Army, Navy, or Marine Corps, have been admitted to the hospital, and have been thereafter discharged from it on the supposition that they have recovered their reason, and have, within three years after such discharge, become again insane from causes existing at the time of such discharge, and have no adequate means of support. Fourth. Indigent insane persons who have been in either of the said services and been discharged therefrom on account of disability arising from such insanity. Fifth. Indigent insane persons who have become insane within three years. after their discharge from such service, from causes which arose during and were produced by said service. [R. S.] Insane of soldiers' home to be admitted. See provision from the Act of July 7, 1884, ch. 332, infra, p. 280. Patients of marine hospital service to be admitted. See section 5 of the Act of March 3, 1875, ch. 156, supra, p. 249. Inmates of National Home for Disabled * * [Admissions restricted.] Government Hospital for the Insane. * That hereafter the admissions to the hospital shall be limited to such persons as are entitled to treatment therein under the provisions. of title fifty-nine, chapter four, of the Revised Statutes of the United States, and under the act approved March third, eighteen hundred and seventy-five, chapter one hundred and fifty-six, second session, Fortythird Congress. [21 Stat. L. 275.] This is from the Sundry Civil Appropriation Act of June 16, 1880, ch. 235. marine, or revenue service." (1896) 21 Op. Atty. Gen. 340. The above limitation on persons entitled to admission has been extended by acts admitting insane from the Soldiers' Home, and the National Home for Disabled Volunteers. Such acts are specified in the notes following R. S. sec. 4843, supra. Seamen of the revenue-cutter service. It cannot be inferred from the terms of this section expressly providing for insane persons belonging to the revenue-cutter service, that sick seamen of the revenue-cutter service are not included in section 3 of the Act of March 3, 1875, supra. The statutes "plainly indicate a general policy on the part of the gov ernment to extend benefits of the hospital service to all persons, whether in the navy, A volunteer who becomes insane more than three years after discharge is entitled to admission to the asylum, whether or not he is an inmate of a volunteer soldiers' home when he becomes insane, when, under the terms of an appropriation act, provision is made for the support, etc., of the insane of the army, navy, revenue-cutter, and volunteer service. (1873) 14 Op. Atty.-Gen. 225. Sec. 4844. [Admission of the indigent insane of the District of Columbia.] All indigent insane persons residing in the District of Columbia at the time they became insane shall be entitled to the benefits of the Hospital for the Insane and shall be admitted on the authority of the Secretary of the Interior, which he may grant after due process of law showing the person to be insane and unable to support himself and family, or himself, if he has no family, under the visitation of insanity. [R. S.] Act of March 3, 1855, ch. 199, 10 Stat. L. 683. See the Act of Jan. 31, 1899, ch. 78, infra, p. 278, which is the latest provision for proceedings for admission to the hospital. Admission on "authority of secretary of interior.” — This provision in the above section appears to be superseded by that infra, from the Act of March 3, 1877, ch. 105. "Due process of law," the finding of the statutory facts, does not compel the secretary to admit a person, nor does it conclude his judgment as to the facts found, nor will it * [Indigent insane admitted only on order of executive authority of district.] Government Hospital for the Insane. * indigent persons who may be hereafter admitted from 'the District of Columbia Provided, That hereafter such indigent persons shall be admitted only upon order of the executive authority of the said District. [19 Stat. L. 347.] * * * * * * This is from the Sundry Civil Appropriation Act of March 3, 1877, ch. 105. Sec. 4845. [Order of admission.] The Secretary of the Interior may grant an order for the admission into the hospital of any insane person not charged with a breach of the peace, when he shall receive the certificate, as provided in the next section, of any judge of the supreme court for the District of Columbia, or of any justice of the peace of the District, and an application in writing, as provided in the next section, by a member of the board of visitors, requesting that such order may be issued. [R. S.] Act of Feb. 28, 1861, ch. 60, 12 Stat. L. 177; Act of March 3, 1863, ch. 91, 12 Stat. L. 763. The latest provision for proceedings for ad mission to the hospital is contained in the Act of Jan. 31, 1899, ch. 78, given infra, p. 278. The above section is probably superseded thereby. Sec. 4846. [Certificate of judge or justice.] It must appear by the certificate aforesaid that two respectable physicians, residents of the District, appeared before said judge or justice and deposed, in writing sworn to and subscribed by them, that they knew the person alleged to be insane; that, from personal examination, they believed such person to be in fact insane, and a fit subject for treatment in said hospital, and that said person was a resident of the District at the time he or she was seized with the mental disorder under which he or she then labored. And it must further appear by such certificate that two respectable householders, resident of the District, appeared before said judge or justice and deposed, in writing sworn to and subscribed by them, that they knew the person alleged to be insane, and that, from a personal examination of his or her affairs, they believed said person to be unable, under the visitation of insanity, to support himself, or herself, and family, in case such person have a family, or to support himself or herself alone, in case such person have no family, and unable to pay his or her board and other expenses in the hospital. The affidavits of said physicians and householders shall accompany the certificate of said judge or justice of the peace. [R. S.] Act of Feb. 28, 1861, ch. 60, 12 Stat. L. 177. Proceedings for admission to the hospital are changed by the Act of Jan. 31, 1899, ch. 78, given infra, p. 278. The above section is probably superseded by that Act. Sec. 4847. [Application by visitor.] The application by a member of the board of visitors must be made within five days after the date of the affidavits aforesaid, and it must appear therein that the visitor made the application after an inspection of the affidavits and certificate. It shall be the duty of such visitor to withhold his application, if he has reason to doubt the indigence of the party in whose behalf the application is desired, until his doubt is removed by satisfactory testimony. [R. S.] Act of Feb. 28, 1861, ch. 60, 12 Stat. L. 177. Proceedings for admission to the hospital are now governed by the Act of Jan. 31, 1899, ch. 78, given infra, p. 278. Sec. 4848. [Conveyance to hospital.] The order of the Secretary of the Interior, granted upon the certificate of a judge or justice and the application of a member of the board of visitors, shall authorize any police officer or constable to assist in carrying such indigent insane person to the hospital, whenever such assistance is represented to be necessary by the person holding the order; but all the expenses of witnesses before the judge or justice of the peace, and of carrying such patient to the hospital, shall be borne by his friends, or by the local authorities of the District. [R. S.] Act of Feb. 7, 1857, ch. 36, 11 Stat. L. 157. Proceedings for admission to the hospital are changed by the Act of Jan. 31, 1899, ch. 78, given infra, p. 278. Sec. 4849. [Admission of insane persons having property.] Whenever it appears in the case of any insane person whose insanity commenced while he was a resident of the District of Columbia that he is able to defray a portion, but not the whole of the expenses of his support and treatment in the Government Hospital for the Insane, the board of visitors of the hospital is authorized to inquire into the facts of the case; and if it appears to the board, upon such inquiry, that such insane person has property and no family, or has more property than is required for the support of his family, then, as a condition upon which such insane person, admitted or to be admitted upon the order of the Secretary of the Interior, shall receive or continue to receive the benefits of the hospital, there shall be paid to the superintendent from the income, property, or estate of such insane person such portion of his expenses in the hospital as a majority of the board shall determine to be just and reasonable, under all the circumstances. [R. S.] Act of Feb. 28, 1861, ch. 60, 12 Stat. L. are changed by the Act of Jan. 31, 1899, ch. 177. 78, given infra, p. 278. Proceedings for admission to the hospital Sec. 4850. [Admission of nonresidents of District.] Any indigent insane person who did not reside in the District at the time he became insane may, in like manner, upon the certificate of a judge or justice and the application of a member of the board of visitors, be admitted into the hospital upon the application of the governor of the District, and at the expense of the District during the continuance of such insane person therein, it being hereby designed to give the superintendent thereof authority to take charge of such insane person until the governor can discover who his friends are, or whence he came, with a view to the return of such person to such friends, or to the place of his residence, and thus relieve the District of the expense and charge of such indigent insane non-resident. [R. S.] Act of Feb. 7, 1857, ch. 36, 11 Stat. L. 157. The office of governor of the District of Columbia is abolished. See Act of June 20, 1874, ch. 337, 18 Stat. L. 116. Return of nonresident patients is provided for by section 7 of the Act of July 31, 1899, ch. 78, infra, p. 279. Sec. 4851. [Admission of insane persons accused of crime.] If any person, charged with crime, be found, in the court before which he is so charged, to be an insane person, such court shall certify the same to the Secretary of the Interior, who may order such person to be confined in the Hospital for the Insane, and, if he be not indigent, he and his estate shall be charged with expenses of his support in the hospital. [R. S.] Act of Feb. 7, 1857, ch. 36, 11 Stat. L. 158. See the Act of June 23, 1874, ch. 465 (infra, p. 279), providing for the care and custody of insane convicts. Courts of District of Columbia. - While the language of this section is general, the generality of its language is, by the force of the title and the accompanying provisions, limited to the courts of the District of Columbia. The mere fact that an insane resident of a state has been indicted for an offense in a court of the United States does not render him a proper subject for the issue of an order for his maintenance in the hospital. (1881) 17 Op. Atty.-Gen. 211. Sec. 4852. [Insane convicts.] Any person becoming insane during the continuance of his sentence in the United States penitentiary shall have the same privilege of treatment in the hospital during the continuance of his mental disorder as is granted in the preceding section to persons who escape the consequences of criminal acts by reason of insanity, unless it be the opinion, both of the physician to the penitentiary and the superintendent of the hospital, that |