in full on dis sioner from the Home. sioner to whom it would otherwise have been paid, and Pension paid such part of it as shall not sooner have been paid to him charge of pen-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 Death of pen- remains an inmate of the Home. In case of the death of sioner; money legal heirs. due, etc., paid to any pensioner, any pension money due him 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. Sec. 4, act of March 3, 1883 (22 Stat. L., 564). Payment of one-half of pen Mar. 3, 1899, v. 30, p. 1379 2282. If any such pensioner is or shall become an inmate of sion to wife, etc., a National Soldiers' Home, one-half of the pension drawn in his behalf, or to which he may become entitled during his residence therein, shall be paid by the treasurer of that institution to such pensioner's wife, she being in necessitous circumstances and a woman of good moral character, or, if there be no wife, to the legal guardian of the minor child or children, or the permanently dependent and helpless child or children of such pensioner, on the order of the Commissioner of Pensions. Act of March 3, 1899 (30 Stat. L., 1379). Inmates sub ject to Articles of War. Mar. 3, 1859, c. MISCELLANEOUS PROVISIONS. 2283. All persons admitted into the Soldiers' Home shall be subject to the Rules and Articles of War in the same 83,s. 7,v. 11, p.434. manner as soldiers in the Army.* Sec. 4824, R. S. Uniform to be 2284. A suitable uniform shall be furnished to every furnished in cost. mates free of inmate of the Home, without cost to him. Sec. 5, act of Sec. 5, Mar. 3, March 3, 1883 (22 Stat. L., 565). 1883, v. 22, p. 565. Expenditures limited, etc., ex 2285. No new buildings shall be erected or new grounds cept on approval purchased, nor shall any expenditure of more than five of board. 1 For remainder of this enactment see paragraphs 2224 and 2230, ante. 2 Section 4824, Revised Statutes, subjecting the inmates of the Soldiers' Home to the Rules and Articles of War, is unconstitutional and a dead letter. These inmates are no part of the Army, nor are they supported by the United States. They are civilians occupying dwellings and sustained by funds held in trust for them. The territory of the Home being within the District of Columbia, and not having been exempted by Congress from the operation of the criminal laws of the District, the inmates are subject to those laws like any other residents. [Compare opinion of Attorney-General in XX Opins., 514.] Dig. Opin., J. A. G., par. 2328. 3 The inmates of the Soldiers' Home wear the uniform of soldiers of the Army. They are therefore within the operation of section 1181 of the Revised Statutes relating to the District of Columbia, which makes penal the selling of liquor to persons wearing the uniform of soldiers. Ibid., p. 705, par. 3. thousand dollars be made, until the action of the board thereon shall be approved by the Secretary of War. All supplies that can be purchased upon contract shall be so purchased, after due notice by advertisement, of the lowest responsible bidder. Such bidder shall give bond, with proper security, for the performance of his contract.1 Sec. 3, act of March 3, 1883 (22 Stat. L., 565). Supplies, how purchased. Sec. 3, Mar. 3, 1883, v. 22, p. 565. Liquor licenses prohibited withdiers' Home, in 1 mile of Sol 2286. 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 Co- D.C Feb. 28, 1891, v. lumbia shall be granted. Act of February 28, 1891 (26 Stat. 26, p. 797. L., 797). 1 Contracts for the Home should be entered into, not by the "Soldiers' Home," which is not an incorporated institution, but by the board of commissioners, who, as trustees for the Home, may make contracts which will bind the United States. Dig. Opin., J. A. G., par. 2330. Section 11 of the act of March 3, 1883 (22 Stat. L., p. 565), contains the provision "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." Section 12 of the same act contained the requirement that "the sum of ten thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated to be expended by the Secretary of the Treasury in the employment of additional clerical force to be used in adjusting the accounts in the Treasury Department of those funds which under the law belong to the Soldiers' Home." of the National abled Volunteer Mar. 21, 1866, c. Jan. 23, 1873, c. 51, Mar. 3, 1875, c. Feb. 26, 1875, J.R. Par. 2293. Assistant to general treasurer. 2294. Bonds of depositories. 2295. Inspection by Secretary of War. 2296. Duties of Board of Managers. 2297. Estimates to show salaries. Organization 2287. The President, Secretary of War, Chief Justice, Home for Dis- and such other persons as have been or from time to time Soldiers. may be associated with them, shall constitute a board of 21, s. 1, v. 14, p. 10; managers of an establishment for the care and relief of s. 1, v. 17, p. 417; the disabled volunteers of the United States Army, to be 129, v. 18. p. 359; known by the name and style of "The National Home for No. 5, v. 18, p. 524. 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. Sec. 4825, R.S. Election of cit izen managers. 2288. Eleven managers of the National Home for DisMar. 21, 1866, c. abled Volunteers shall be elected from time to time, as 21, s. 3. v. 14, p. 10; Mar. 12, 1867, c. 1. vacancies occur, by joint resolution of Congress. They v. 15, p. 1: Jan. 23, 1873, c.51, s. 1, shall all be citizens of the United States, and all residents v. 17, p. 417. Sec. 4826, R.S. of States which furnished organized bodies of soldiers to aid in suppressing the rebellion commenced in eighteen hundred and sixty-one; 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.1 cers of the Board Mar. 21, 1866, c. s. 2. v. 14. p.10; s.1, v. 17, p. 417. Jan. 23, 1873, c. 51, Sec. 4827, R. S. of Board of Man Aug. 18, 1894, Sec. 4828, R. S. 2289. The fourteen managers of the National Home for Election of offiDisabled Volunteer Soldiers shall elect from their own of Managers. number a president, who shall be the chief executive offi- 21, cer 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. 2290. Hereafter no member of the Board of Managers Expenses of the National Home for Disabled Volunteer Soldiers agers. shall receive any compensation or pay for any services or v. 28, p. 412. 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. Act of August 18, 1894 (28 Stat. L., 412). 2291. The president and secretary of the Board of Man- officers agers may receive a reasonable compensation for their serv- aries. ices as such officers, not exceeding four thouand dollars and two thousand dollars, respectively, per annum. Ibid. 2292. The general treasurer shall give good and suffi- Bond of gencient bond to the United States in a sum not less than one hundred thousand dollars, as the Secretary of War may direct, and to be approved by him, faithfully to account for all public moneys and property which he may receive. 2293. The assistant general treasurer and assistant Assistant to inspector-general shall hereafter, in the necessary absence ürer, bond. or inability of the general treasurer, from any cause what- 31, p. 636. ever, perform his duties and give bond to the general treasurer for the faithful performance of such duties, but 3 who may receive sal eral treasurer. Aug. 18, 1894, v. 28, p. 412. general treas June 6, 1900, v. 'The number of managers to be elected by joint resolution of Congress was fixed at ten by section 3 of the act of March 3, 1887 (24 Stat. L., 444), and at eleven by joint resolution No. 21, of March 3, 1891 (26 ibid., 1117). The following-named general officers were provided for in the act of appropriation of March 3, 1901 (31 Stat. L., 1178), at the rates of compensation set opposite their respective designations: President of the Board of Managers. $4,000 Secretary of Board of Managers 2,000 General treasurer.. 4,000 Inspector-general. 2,500 Assistant to general treasurer and assistant inspector-general... 2,000 2,000 The act of June 6, 1900 (31 Stat. L., 636), and prior acts of appropriation have contained the requirement that the general treasurer shall not be a member of the Board of Managers. H. Doc. 545-57 Bonds of depositories. 2, v. 24. p. 129. 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.' Act of June 6, 1900 (31 Stat. L., 636). 2294. From and after the passage of this act it shall be July 9, 1896, s. the duty of the Secretary of the Treasury to require from the president and cashier of all banks used as depositories by the treasurer of the Home a deposit of bonds sufficient in amount to fully secure all moneys pertaining to said Home left on deposit with any such bank. Sec. 2, act of July 9, 1896 (24 Stat. L., 129). Inspections. Aug. 18, 1894, v. 28, p. 412. Duties of Board of Managers. Mar. 21, 1866, c. INSPECTIONS. 2295. 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. Act of August 18, 1894 (28 Stat. L., 412). 2296. The Board of Managers shall make an annual re21, s. 8, v. 14, p. 11, port of the condition of the National Home for Disabled Jan. 23, 1873, c.51, 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. s. 1, v. 17, p. 417. Sec. 4834. R. S. to Estimates show salaries, etc. Aug. 5, 1892, v. 27, p. 384. 2297. Hereafter the statement of expenses of the Board of Managers of the National Home 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. Act of August 5, 1892 (27 Stat. L.,384). 1This enactment replaces the requirement of the act of July 1, 1898 (30 Stat. L., 639), which empowered the general treasurer to authorize a clerk to perform the duties above described. 2 The inspection required by this statute is in addition to the inspection service performed by the inspectors acting under the direction of the Board of Managers. (See par. 2289, ante.) 3 This enactment replaces the acts of March 3, 1885, and March 3, 1887, in pari materia. The act of March 3, 1885 (23 Stat. L., 478), contained the following require ment: "Hereafter there shall annually be submitted to the Secretary of War a |