CLUB HOUSE

There is maintained a veterans' club, where the inmates can enjoy themselves with pool and billiards, etc.; a good soft drink bar with a nice line of soft drinks, and everything is kept extra cold, and on the second floor is maintained a lodge room for the veteran organizations; although the building is kept neat and clean in needs some repairs in redecorating.

BARRACKS OR COMPANIES

I am glad to report from my last inspection where I complained of the different buildings that needed to be screened, that an order has been given to screen every building in the home, old Company 5 is badly in need of repairs, although as clean as could be, I still recommend that the same should be torn down and a new one erected in its place, other companies or barracks were found to be kept in first-class condition, beds and linen clean; the plumbing in these buildings are in need of general overhauling, and all fixtures ought to be vented. Some of the porches on these buildings are in need of repairs, and should be replaced with concrete, as I have recommended in last report.

ENGINEERING DEPARTMENT

The boiler house and engineering department, ice plant, and electric plant are kept in a good workmanlike manner with a fairly good equipment.

GENERAL FINDINGS

In general, I find great improvements have been made in the past year and the year previous; your inspector making report of this home has been acquainted with this institution ever since his childhood, and noticed wonderful improvements in the feeding, housing, and caring for the inmates and especially there is more liberty given the inmates now than ever before. I further find that the national homes are being operated and taught national economy. I am a believer in national economy, and it should be applied with all its stringency and harshness, but should not be applied to institutions like soldiers homes. Í believe that Congress should be more liberal in its appropriations; that the Board of Managers of National Homes should not be so cramped for funds, and I look forward to the time when there may be more money for nurses and wardmen and a new modern general hospital at the Central Branch, and that the money now being used from the post fund for necessities will be returned or refunded so that the moneys can be properly and liberally expended for the purposes for which it was intended. We ought to assist the Board of Managers to get sufficient appropriations passed the Budget Commission, and I believe that Congress would undoubtedly furnish the money and the board might be able to act more liberally in the matter of hair cuts, shaves, shoe shining, care of clothing, etc. I have in mind the possibility of an aggressive work in a social way to keep all members interested and contented-prizes in every barracks for the

neatest and best dressed members, a continous round of checker, card, quoit pitching, and other tournaments, with suitable prizes to stimulate and keep up interest. I know these things can not be done without more funds, so let us help and encourage the Board of Managers, and if necessary aid them in getting the proper appropriations, and I believe that we have a liberal Congress and Senate that will help in the good cause.

The officers of this institution are kind and sympathetic, and I hold all of them in the highest esteem. Respectfully submitted.

C. W. BRINKLE,

Past Department Commander of Ohio.

REPORT OF THE JUDGE ADVOCATE GENERAL

To the COMMANDER IN CHIEF.

AUGUST 11, 1925.

Complying with section 237 of the Rules and Regulations and your request of August 6, I submit the following report of the work of my bureau for the past year. I have written 20 official opinions involving many points of law, viz:

1. Eligibility to active membership.

2. Rights of honorary members.

3. Appeals and grievances-how brought to judge advocate general.

4. Name and number of camp-elective officers and time of election. 5. Notice to accused in courts-martial.

6. Question of right to recover dues paid in advance.

7. Question of right to recover dues paid in advance.

8. Action to enforce resolution of department encampment.

9. Quorum at department encampment and council of administration.

10. Action to enforce motion of department encampment.

11. Right of member who served on steamship St. Louis to transfer. 12. Procedure under department by-laws-regular channels.

13. By-laws of the Department of Kentucky.

14. Amendments to by-laws of the Department of Illinois.

15. By-laws of the Department of Missouri.

16. By-laws of Roosevelt Camp, unattached, North Dakota.

17. By-laws of Lawton Camp, No. 3, unattached, North Dakota.

18. By-laws of the Department of Ohio.

19. Functions and powers of municipal councils.

20. By-laws of the Department of Texas.

21. By-laws, Department of Louisiana.

22. Right of senior vice commander to succeed commander.

My observations and recommendations are contained in the following opinions, herewith submitted for publication:

OPINION NO. 1

This matter came to the commander in chief from the retiring judge advocate general, and was transmitted through regular channels to the present judge advocate general for attention.

The record in this case is as follows:

OFFICE OF THE DEPARTMENT JUDGE ADVOCATE,

UNITED SPANISH WAR VETERANS,

Chronicle Building, San Francisco, Calif., July 23, 1924.

A question has been submitted to me for decision in the following

case:

Lieut. Col. Alden Trotter, a retired Army officer and a member of Miles Camp, No. 10, United Spanish War Veterans, San Francisco, Calif., has presented to the State department judge advocate, for decision, the rights of, and the eligibility of, one Frank Haas, a veteran of the war with Spain, with two honorable discharges from the service of the United States Army during such period, but subsequently reentered the service, i. e., enrolled July 23, 1898, assigned as a private to Company D. Third Mississippi Volunteer Infantry, to serve two years, mustered out with the company and honorably discharged March 16, 1899. He again enlisted March 16, 1899, assigned to Company C, Third United States Infantry, and was honorably discharged from the service March 14, 1902, a corporal. He reenlisted for the third time June 7, 1902, for foot service; deserted June 16, 1902; surrendered July 1, 1904; was tried, found guilty of desertion, and was dishonorably discharged from the service September 26, 1904. He was sentenced to confinement for 18 months and was released at Alcatraz Island, Calif., March 24, 1905; conduct good.

The said Frank Haas now seeks admission into the United Spanish War Veterans, as an active memebr, on the ground that he has been restored to full citizenship under and by direction of the President of the United States through the War Department, as follows:

WAR DEPARTMENT, ADJUTANT GENERAL'S OFFICE,

Washington, February 4, 1924.

In the case of Frank Haas, who was convicted by a general court-martial of desertion from the military service of the United States on or about June 16, 1902, while serving as a private, foot service, white, and whose sentence was promulgated in Special Orders, No. 208, headquarters Department of California, dated September 21, 1904, the loss of citizenship consequent upon conviction of desertion is, by direction of the President, remitted. By order of the Secretary of War: [SEAL.]

ROBERT C. DAVIS,

The Adjutant General.

This, briefly, presents the germane features of the case.

The applicant has presented several letters of recommendation from reputable persons, also is vouched for by Colonel Trotter, showing that since leaving the service the conduct and life of the man has been exemplary and that he is a good patriotic citizen. So far this is all for the applicant.

Now comes the legal aspect of the case upon which the judge advocate has to depend for proper substance and law in rendering a decision, to wit: On page 15, near the end of section 2, article 3, of the constitution, appears the following:

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'Provided, however, That no person shall be admitted to active membership who, upon investigation, is found to be of bad moral character or of low repute in the community in which he resides, or who, having been honorably discharged from the service of the United States, has reentered the same and bas subsequently received a discharge which is not honorable.

This wording would clearly indicate that the applicant is not eligible for membership in the United Spanish War Veterans, but there are extenuating circumstances which would seem in all justice and humanity to act in a favorable manner in and toward the applicant's petition, i. e., his restoration to citizenship; whether this restoration, properly and authentically rendered under the seal of the War Department, is equivalent to a pardon, is the question, and