The same. Mar. 3, 1901, v. 31, p. 1178. Balances of ap posal of. 25, p. 543. 2317. The accounts relating to the expenditure of all public moneys appropriated for the support and maintenance of the National Home for Disabled Volunteer Soldiers shall be audited by the Board of Managers of said Home in the same manner as is provided for the accounts of the various Departments of the United States Government, and thereupon immediately transmitted directly to the proper accounting officers of the Treasury Department for final audit and settlement.' Act of March 3, 1901 (31 Stat. L., 1178). 2318. Hereafter the provisions of section thirty-six hunpropriations, dis dred and ninety and thirty-six hundred and ninety-one Oct. 2, 1888, v. of the Revised Statutes of the United States shall apply to all appropriations made for the maintenance of the National Home for Disabled Volunteer Soldiers. Act of October 2, 1888 (25 Stat. L., 543). Sites for homes may be purchased, and buildings erected. Jan. 23,1873, c. 51, s. 1, v. 17. p. 417. Sec. 4830, R.S. ESTABLISHMENT OF BRANCH HOMES. 2319. The Board of Managers shall have authority to procure from time to time, at suitable places, sites for miliMar 21, 1866, c. tary homes for all persons serving in the Army of the 21, s. 4, v. 14, p. 10; 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. 'This enactment repeals and replaces so much of the acts of March 3, 1875 (18 Stat. L., 359), March 3, 1891 (26 ibid., 984), and March 3, 1893 (27 ibid., 646), as requires the Board of Managers to render accounts of disbursements for the several Branches of the Home to the Secretary of War, and vests in the latter a supervision of the accounts connected therewith. Under authority conferred by separate statutes Branch Homes have been established at the following places: The Central Branch, at Dayton, Ohio. The Northwestern Branch, at Milwaukee, Wis. The Eastern Branch, at Togus, Me. The Southern Branch, at Hampton, Va. The Western Branch, at Leavenworth, Kans. The Pacific Branch, at Santa Monica, Cal. The Marion Branch, at Marion, Ind. The Danville Branch, at Danville, Ill. The Johnson City Branch, at Johnson City, Tenn. By the act of July 7, 1898 (30 Stat. L., 668), the "jurisdiction over the places purchased for the location of the Branches of the National Home for Disabled Volunteer Soldiers, under and by authority of an act of Congress approved July 23, 1888 (a), in Grant County, State of Indiana, and upon which said Branch Home is located, and by authority of an act of Congress approved June 4, 1897 (b), 'at the town of Dan of lands. 30, p. 105. 2320. The provisions of the act entitled "An act to Condemnation authorize condemnation of land for sites of public build-July 19, 1897, v. ings, and for other purposes," approved August first, eighteen hundred and eighty-eight, shall be construed to apply to the Board of Managers of the National Home for Disabled Volunteer Soldiers. Act of July 19, 1897 (30 Stat. L., 105). STATE AND TERRITORIAL HOMES. sol diers and sailors. Aid to State homes for. Aug. 27, 1888, v. 25, p. 450. 2321. That all States or Territories which have estab-,,Disabled lished, or which shall hereafter establish, State homes for disabled soldiers and sailors of the United States who, served in the war of the rebellion, or in any previous war, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, provided such disability was not incurred in service against the United States, shall be paid for every such disabled soldier or sailor who may be admitted and cared for in such home at the rate of one hundred dollars per annum. The number of such persons for whose care any State or Territory shall receive the said payment under this act shall be ascertained by the Board of Managers of the National Home for Disabled Volunteer Soldiers, under such regulations as it may prescribe, but the said State or Territorial homes shall be exclusively under the control of the respective State or Territorial authorities, and the Board of Managers shall not have nor assume any management or control of said State or Territorial homes. The Board of Managers of the National Home shall, however, have power to have the said State or Territorial homes inspected at such times as it may consider necessary, Inspection. and shall report the result of such inspections to Congress in its annual report. Act of August 27, 1888 (25 Stat. L., Board of ManHome to make agers of National rules, etc. Sec. 4825, B.S. Payments. shall be made quarterly by the said Board of Managers 1888, v. 25, p. 450. for the National Home for Disabled Volunteers to the officers of the respective States or Territories entitled, duly authorized to receive such payments, and shall be accounted for as are the appropriations for the support ville, county of Vermilion, State of Illinois,' and upon which the said Branch is now located, is hereby ceded to the respective States in which Branches are located and relinquished by the United States, and the United States shall claim nor exercise no jurisdiction over said places after the passage of this act: Provided, That nothing contained herein shall be construed to impair the powers and rights heretofore conferred upon the Board of Managers of the National Home for Disabled Volunteer Soldiers in and over the said places." Pension. Mar. 3, 1899, v. 30, p. 1379. States to pay half. 25, p. 975. of the National Home for Disabled Volunteer Soldiers. Sec. 2, act of August 27, 1888 (25 Stat. L., 450). 2323. When a soldier or sailor enters into a State home for soldiers or sailors as an inmate thereof, one-half of his pension accruing during his residence therein shall be paid to his wife, she being a woman of good moral character and in necessitous circumstances, or if there be no wife, then to his child or children under sixteen years of age, or his permanently helpless and dependent child, if any, unless such wife and children shall also be inmates of the same institution or of some home provided for the wives and children of soldiers and sailors.' Act of March 3, 1899 (30 Stat. L., 1379). 2324. Hereafter no State under this appropriation shall Mar-2, 1889, v. be paid a sum exceeding one-half the cost of maintenance of each soldier or sailor by such State. Act of March 2, 1889 (25 Stat. L., 975). are entitled to al Home. 21, s. 7. v. 14, p. 11; ADMISSIONS TO THE HOME. What persons 2325. Hereafter the following persons only shall be enbenefit of Nation- titled to the benefits of the National Home for Disabled Mar. 21, 1866, c. Volunteer Soldiers and may be admitted thereto upon the Feb. 28, 1871, Res. order of a member of the Board of Managers, namely: All Jan. 23, 1873, c. 51, honorably discharged officers, soldiers, and sailors who 8. 1, v. 17, p. 417. 5 served in the regular or volunteer forces of the United Mar. 2, 1887, s.2. States in any war in which the country has been engaged, 45, v. 16, p. 599; 1884, v. 23, p. 121; v. 24, p. 444; July p. 341; May 26, Sec. 4832, R. S. 23, 1858, s. 5, v.25, who are disabled by disease, wounds, or otherwise, and 1900, v. 31, p. 217. who have no adequate means of support, and by reason of such disability are incapable of earning their living.3 Act of May 26, 1900 (31 Stat. L., 217). The act of March 3, 1899, contains the requirement that "in all cases the questions of desertion, entrance into a home, necessitous circumstances, and of good moral character shall be ascertained and determined by the Commissioner of Pensions under such rules and regulations as he shall prescribe, and the treasurers or governors of the several soldiers' and sailors' homes shall be advised of such action from time to time." 2 Subsequent acts of appropriation contain the requirement "that one-half of any sum or sums retained by State homes on account of pensions received from inmates shall be deducted from the aid herein provided for." 3This enactment replaces section 5 of the act of July 5, 1884 (23 Stat. L., 121), section 2 of the act of March 2, 1887 (24 ibid., 444), and section 5 of the act of July 23, 1888 (25 ibid., 341). The Government is under no legal obligation to provide burial places for destitute soldiers at a Volunteer Home. Section 4878, Revised Statutes, in providing that the soldiers, etc., there designated "may be buried in any national cemetery free of cost" does not require the establishment of a national cemetery specially for the purpose of interments at such a Home. Dig. Opin. J. A. G., par. 1770. The act of January 28, 1901 (31 Stat. L., 745), contained the requirement 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." TRANSFER OF INMATES. 2326. 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. SEC. 2. This act shall take effect from and after its passage. Act of August 23, 1894 (28 Stat. L., 492). OUTDOOR RELIEF. Outdoor relief. v. 28, p. 492. 2327. The managers of the National Home for Disabled Aug. 23, 1894, 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. Act of August 23, 1894 (28 Stat. L.. 492). PENSIONS TO INMATES. Pensioners, intional Home for mates of the Na Disabled Volun how paid. 1881, v. 21, p. 350. 2328. 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 teer Soldiers, or treasurers of said Home, upon security given to the sat-Sec. 2, Feb. 26, isfaction 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.' Sec. 2, act of February 26, 1881 (21 Stat. L., 350). 1 But see act of August 7, 1882 (22 Stat. L., 322), paragraph 2329, post. Pensions, etc.. due inmates of to be paid to Aug. 7, 1882, v. 22, p. 322. 2329. All pensions and arrears of pensions payable or National Home 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 eighty-one, is hereby revived and continued in force.' Act of August 7, 1882 (22 Stat L., 322). Payment of one-half of pen Mar. 3, 1899, v. 30, p. 1379. Sec. 4766, R.S. 2330. If any such pensioner is or shall become an inmate sion to wife, etc. of 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.2 Act of March 3, 1899 (30 Stat. L., 1379). Insane persons from National abled Volunteer INSANE PATIENTS. 2331. In addition to the persons now entitled to admisHome for Dis- sion to said hospital, any inmate of the National Home Soldiers to be ad- for Disabled Volunteer Soldiers who is now or may hereAug. 7, 1882, v. after become insane shall, upon an order of the president mitted, etc. 22, p. 330. of the Board of Managers of the said National Home, be admitted to said hospital and treated therein; and if any inmate so admitted from said National Home is or thereafter becomes a pensioner, and has neither wife, minor child, nor parent dependent on him, in whole or part, for For disposition of pension in case of an insane inmate, see paragraph 2331, post. 2 For remainder of this section, see paragraphs 2224 and 2230, ante. See, also, note to paragraph 2282, ante. |