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1953. Duties of the Board of Commissioners of the Soldiers' Home. board of commissioners for the Soidiers' Home,

whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and tu visit and inspect the Soldiers' Home at least once in every month. The majority shall also have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of War for approval; and may do any other acts necessary for the government and interest of the same, as authorized by this chapter. R. S. 4815.

The portions of this section omitted here prescribing the composition of the board of commissioners and the number who should constitute a quorum were superseded by the different provisions relating thereto of section 10, act of Mar. 3, 1883, and act of Mar. 4, 1909, ante, 1952. The Inspector General of the Army was required personally to inspect, once in each year, the records, management, etc., of the home, and report thereon in writing, by section 2, act of Mar. 3, 1883, ante 545.

1953

1956

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Notes of Decisions. Powers of board. While act of Jan. 21, The board of commissioners of the sol. 1871 (16 Stat. 399), ceding back to the diers' home can not delegate to the gove State of Ohio jurisdiction over property ernor of the home discretionary police theretofore ceded to the United States for authority for the preservation of good a soldiers' home, conferred jurisdiction on order within its limits. Nor can it einthe State over the place or ground where power the governor to arrest, detain, and the institution was located, it conferred no deliver over to the civil authorities nonjurisdiction on the State's authorities, military persons committing crimes less under its police power, to regulate or pro- than capital within the limits of the home, hibit the furnishing of any article of food except in the cases where any person may to the inmates of the home by the Federal make an arrest without warrant or preauthorities, Ohio V. Thomas (1899), 19 cept. The board can, however, by reguSup. Ct. 453, 173 U. S. 276, 43 L. Ed. 699, lation duly made, invest him with authority affirming order in re Thomas (1898), 87 to expel from the grounds persons not inFed, 453, 31 C. C. A. 80.

mates of the home offending against good The act establishing the military asylum order and decency. (1893) 20 Op. Atty. does not constitute the commissioners a Gen. 514. corporation, with capacity to sue and be sued. (1851) 5 Op. Atty. Gen. 398.

1954. Officers of the Soldiers' Home.--The officers of the Soldiers' Home shall consist of a governor, a deputy governor, and a secretary, for each separate site of the home, the latter to be also the treasurer; and the officers shall be taken from the Army, and appointed or removed, from time to time, as the interests of the institution may require, by the Secretary of War, on the recommendation of the board of commissioners. R. S. 1816.

That the governor and all other officers of the Home shall be selected by the President of the United States,

* Sec. 9, act of March 3, 1883 (22 Stat, 565).

Retired officers of the Army might be assigned to duty at the Soldiers' Home by R. S. 125), post 2429.

Notes of Decisions. Approval of recommendations of board,

of the funds of the home, a reasonable The Secretary of War is vested with a dis- salary for his services. Such compensacretionary power to approve or disapprove tion is not pay or emoluments received recommendations made by the board of from the Government.

(1892) 20 Op. Atty. commissioners of the soldiers' home under Gen. 350. this section. (1882) 17 Op. Atty. Gen. Subsistence of governor, etc.- The board 449,

of commissioners of the soldiers' home are Salary of treasurer. –The board is not

authorized to permit the governor, deputy prohibited from paying the treasurer, out

governor, and treasurer, who are retired

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1955. Treasurer of the Soldiers' Home to give bond.

and the Treasurer of the Home shall be required to give a bond in the penal sum of twenty thousand dollars for the faithful performance of his duty. Sec. 7, act of Mar. 3, 1883 (22 Stat. 565). 1956. Donations to the Soldiers' Home.

* The commissioners are also authorized to receive all donations of money or property made by any person for the benefit of the institution, and hold the same for its sole and exclusive use.

R, S. 4819. So much of the section as required that 121 cents per month be deducted from the pay of retired enlisted men and passed to the credit of the commissioners of the Soldiers' home, was repealed by a provision of act cf June 12, 1906 (34 Stat. 242).

And so much of the section as pertainied to the deduction of 12 cents per month from the pay of every soldier of the Regular Army for the benefit of the Soldiers' Home was repealed by a provision of act of May 11, 1908 (35 Stat. 110).

1957. Forfeitures of pay of soldiers devoted to the Soldiers' Home.-For the support of the Soldiers Home the following funds are set apart, and are hereby appropriated: All stoppages or fines adjudged against soldiers by sentence of courts-martial, over and above any amount that may be due for re-imbursement of Government or of individuals; all forfeitures on account of desertion ; *

R. S. 4818.
See also R, S, 3689, post 1959,

1958. Unclaimed estates of soldiers allowed to the Soldiers' Homes.and all moneys belonging to the estates of receased soldiers, which are or may be unclaimed for the period of three years subsequent to the death of such soldiers, to be repaid by the commissioners of the institution, upon the demand of the heirs or legal representatives of the deceased. R. S. 4818.

The adjustment of accounts under this section was limited to claims arising subsequent to Mar, 3, 1881, by a provision of act of July 16, 1892 (27 Stat. 193).

*

Notes of Decisions. Estates of deceased soldiers. The appro- paid by the commissioners of the asylum priation for a military asylum for the upon demand of the heirs or legal reprerelief and support of invalid and disabled sentatives of the deceased. Id. soldiers of the Army of the United States, This section as originally enacted apmade by act of Mar. 3, 1851, includes the propriated all moneys belonging to the es. unclaimed extra pay allowed to soldiers by tates of deceased soldiers remaining unBec. 5, act of July 19, 1848. (1851) 5 Op. claimed for three years subsequent to the Atty. Gen. 385.

soldier's death, so that such moneys might It is to take effect, however, only ac- be drawn from the Treasury without furcording to the provisions of the seventh ther special appropriation. (1853) 5 Op. section of the act, and to be afterwards 're- Atty. Gen. 677.

1959. Permanent fund for the Soldiers' Home.—There are appropriated, out of any moneys in the Treasury not otherwise appropriated, for the purposes hereinafter specified, such sums as may be necessary for the same respectively; and such appropriations shall be deemed permanent annual appropriations.

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Soldiers' Home:

Of all stoppages or fines adjudged against soldiers by sentence of court. martials, over and above any amount that may be due for the re-imburseinent of Government or of individuals; all forfeitures on account of desertion; and all moneys belonging to the estates of deceased soldiers, which now are or may hereafter be unclaimed for the period of three years subsequent to the death of said soldier or soldiers, to be repaid by the commissioners of the institution, upon the demand of the beirs or legal representatives of the deceased. * R. S. 3689.

That all funds of the Home not needed for current use, and which are not now invested in United States registered bunds, shall, as soon as received, or as soon as present investments can be converted into money without loss, be deposited in the Treasury of the United States to the credit of the Home as a pernianent fund, and shall draw interest at the rate of three per centuin per annum, which shall be paid quarterly to the treasurer of the Home; and the proceeds of such registered bonds, as they are paid, shall be deposited in like manner. No part of the principal sum so deposited shall be withdrawn for use except upon a resolution of the board of commissioners stating the necessity and approved by the Secretary of War. Sec. 8, act of Mar. 3, 1883 (22 Stat. 565).

The provisions of this section relative to the custody of the Soldiers' Home fundo were modified by 1960, post.

Provisions setting apart, for support of the home, the funds appropriated by this provision, were made by R. S. 4818, ante, 1957.

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Notes of Decisions.

Retroactive statutes.-An appropriation act may withhold the moneys appropriated from past transactions, but that will not

make the statute retroactive. Gardner t.
U. S. (1889), 25 C+, Cl. 24,

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1960. Deposit of funds of the Soldiers' Home.---That the Treasurer of the United States be, and he is hereby, authorized and directed to receive and keep on deposit, subject to the checks or drafts of the treasurer of the Soldiers' Home in the District of Columbia, all funds which may now be under the control of the said treasurer of the Soldiers' Home, or may hereafter be furnished him or in any manner come into his possession for use in defraying the current er. penses of maintaining the said Soldiers' Home, and, upon the request of said treasurer of the Soldiers' Home, there shall be transferred, from funds to his credit with the United States Treasurer, and placed to his credit with the assistant treasurer of the United States in New York City, New York, such suns as he may require monthly or quarterly for payments on account of “out-door relief” to members of the said Soldiers' Home residing at a distance therefrom. Act of Jun, 16, 1891 (26 Stat. 718.)

This act modified the provisions of 1959, ante.

1961. Borrowing money on the credit of the Soldiers' Home.—That no officers of the Home shall borrow any money on the credit of the Home for any purpose, nor shall any pledge of any of its property or securities for any purpose be valid. Sec, 9, act of Mar. 3, 1883 (22 Stat. 565).

* 1962. Limitation on expenditures for the Soldiers' Home.-That no new buildings shall be erected or new grounds purchased, nor shall any expenditure of more than five thousand dollars be made, until the action of the board thereon shall be approved by the Secretary of War. All supplies that can be pur

chased 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. Sec. 3, act of Mar. 3, 1883 (22 Stat. 564).

1963. Adjustment of accounts of the Soldiers' Home.—That hereafter the adjustment of the accounts of the Soldiers' Home under section forty-eight hundred and eighteen, of the Revised Statutes, in the offices of the Second Comptroller and Second Auditor, shall be limited to those originating subsequent to March third, eighteen hundred and eighty-one. Act of July 16, 1892 (27 Stat. 193). See secs. 1957 and 1958, ante.

1964. Financial report of the Soldiers' Home. --That the board of commissioners of the Soldiers' Home shall every year report in writing to the Secretary of War, giving a full statement of all receipts and disbursements of money, of the manner in which the funds are invested of any changes in the investments and the reasons therefor, of all admissions and discharges, and generally of all facts that may be necessary to a full understanding of the condition and management of the Home. The Secretary of War shall have power to call for and require any omitted facts which in his judgment should be stated to be added. This annual report shall be, by the Secretary of War, together with the report of the inspecting officer hereinafter provided for, transmitted to Congress at the first session thereafter, and he shall also cause the same to be published in orders to the Army, a copy thereof to be deposited in each garrison and post library. Sec. 1, act of Mar. 3, 1883 (22 Stut. 56).

1965. Prohibition of intoxicants about the Soldiers' Home.—That 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 Columbia shall be granted. Act of Feb. 28, 1891 (26 Stat. 797).

1966. Veterans admitted to the National Home for Disabled Volunteer Soldiers.—The following persons 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: Honorably discharged officers, soldiers, sailors, and marines who served in the regular, volunteer, or other forces of the United States in any war in which the country has been engaged, in campaigns against hostile Indians, or who served in any of the extraterritorial possessions of the United States, in foreign countries, including Mexican border service, or in the Organized Militia or National Guard when called into the Federal service, and who are disabled by diseases or wounds and by reason of such disability are either temporarily or permanently incapacitated from earning a living. Act of June 5, 1920 (41 Stat. 905).

A provision of act of May 26, 1900 (31 Stat. 217), reads as follows:

" 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.”

Sec. 5, act of Jan. 28. 1901 (31 Stat. 745), provided for the admission of veterans disabled by age.

The admission of veterans of Indian wars was established by act of May 27, 1908 (35 Stat. 372). The act of Mar. 4, 1909 (35 Stat. 1012), provided for the admission of veteran soldiers who have served in the Philippines, in China, or in Alaska.

Sec. 1, act of Mar, 3, 1915 (39 Stat. 853), as amended by act of Oct. 6, 1917 (40 Stat. 368), extended the privileges of the bome to all honorably discharged veterans of any war in which the country has been engaged, including the militia called into Federal service.

1967. Uniform of the National Home for Disabled Volunteer Soldiers.- *** And provided further, That officers and members of the National Home for Disabled Volunteer Soldiers may, regardless of the preceding provisions of said Act, wear such uniform as the Secretary of War may authorize. Sec. 125, act of June 3, 1916 (39 stat, 217), as amended by sec. 10, chap. XVII, act of July 9, 1918 (40 Stat. 892).

The " said Act" mentioned above refers to the national defense act of June 3, 1916.

1968. Rules for the National Home for Disabled Volunteer Soldiers.-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. 4835.

Notes of Decisions

Enforcement of discipline. The provi- lishment of a national military asylum for sion that all inmates shall be subject to the relief of disabled volunteers of the the rules and Articles of War in the same United States Army. Const. art. 1, sec. 8, manner as if they were in the Army is de- subsec. 17, declares that Congress shall have signed, and can have force only for the power to exercise exclusive legislation over mapagement and preservation of discipline. all places purchased by consent of the Within legiti:nate exercise there can be no State for the erection of forts and other interference with that management by the needful buildings. The State of Tennessee civil authorities, and any inquiry would granted its consent to the acquisition, by probably be exclusively of Federal cogniz. the National Home for Disabled Volunteer ance. In re Kelly (C. C. 1895), 71 Fed. Soldiers, of certain lands for the establish. 545, 546, 553.

ment of a branch of such home, providing Under this section and sec. 1930, ante, that the act should not be construed to the governor of the home, to maintain dis

deny to inmates, who were qualified voters cipline, may promulgate such special orders of the State, the right 10 vote. Const. as he deems proper, including the right to Tenn. 1870, art. 4, provides that a voter forbid the inmates to frequent a public shall be a citizen of the United States and place, where they are permitted to obtain a resident of the State for 12 months and liquor, or are afforded degrading and im- of the county wherein he offers to vote moral amusements, or exposed to improper for six months, preceding the day of electemptations. Rowan v. Butler (Ind. 1908), tion, Held that, the United States haring 85 N. E, 714.

exclusive jurisdiction over the land on Where the governor of the soldiers' home, which such branch home was erected, the within the scope of his authority, pro- inmates thereof, not being residents of the hibited members of the home from State, were not legal voters at entering complainant's restaurant, de- therein. State v. Willett (Tenn. 1906), 97 scribed in the order as a “saloon," the S. W. 299. making and enforcement of such order was Persons employed in the National Home not actionable by complainant, unless false for Disabled Volunteer Soldiers, and inin substance and promulgated and enforced

mates working therein, who have bomes by defendants with knowledge of its falsity and families outside the

rounds where and with malice. Id.

they spend their nights, being residents of Inmates' right to vote.--Act of Mar. 21,

the State, and otherwise qualified, are en1866 (14 Stat. 10), provides for the estab- titled to vote. Id.

1969. Outdoor relief and transfer of inmates of branches of the National Home for Disabled Volunteer Soldiers. The Managers of the National Home 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

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