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: Provided further, That the appropriations for any fiscal year shall not be exceeded. R. S. 4833, as amended by act of Aug. 23, 1894 (28 Stat. 492).

This section, as enacted in the Revised Statutes, contained only the principal provision for outdoor relief, ending with the words "average cost of maintaining an inmate of the home." This section as amended made an exception to R. S. 3678, ante 222, which required appropriations to be applied solely to the objects for which they were made.

1970. Transfer of inmates of branch homes.-To increase the comfort of the members, the Board of Managers, National Home for Disabled Volunteer Soldiers, is authorized to make such rules governing the assignment to the different branches of the various classes of those eligible to admission to the home as it deems advisable and best for the public service. Act of June 5, 1920 (41 Stat. 905-906).

1971. Headstones at Central Branch of the National Home for Disabled Volunteer Soldiers.-For maintaining and improving national cemeteries, And the Board of Managers of the National Home for Disabled Volunteer Soldiers may charge the regulation stone to be used in the Central Branch at a cost not exceeding one dollar and fifty cents additional for each one. Sec. 1, act of June 23, 1879 (21 Stat. 33), making appropriations for sundry civil expenses.

1972. Board of managers of the National Home for Disabled Volunteer Soldiers. The President, Secretary of War, Chief Justice, and such other persons as have been or from time to time may be associated with them, shall constitute a board of managers of an establishment for the care and relief of the disabled volunteers of the United States Army, to be known by the name and style of "The National Home for 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. R. S. 4825.

Nine managers of the National Home for Disabled Volunteers shall be elected from time to time, as vacancies occur, by joint resolution of Congress. They shall all be citizens of the United States, and all residents 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. R. S. 4826.

* Provided, Said board, after the passage of this resolution, shall be composed of seven members, and four members shall constitute a quorum

for the transaction of business at any regular or special meeting thereof. Joint Res. 241, act of Oct. 19, 1914 (38 Stat. 780).

The first word of R. S. 4826, "Nine," denoting the number of citizen managers, was superseded by the increase of the number to 10 by sec. 4, act of Mar. 2, 1887 (24 Stat. 444). It was further increased to 11 by Res. of Mar. 3, 1891, No. 21 (26 Stat. 1117), but was reduced to 5 by act of June 23, 1913, cited above.

Act of Mar. 3, 1901 (31 Stat. 1175), provided as follows:

"The jurisdiction over the places purchased and used for the location of the Branches of the National Home for Disabled Volunteer Soldiers, under and by the authority of an Act of Congress approved March twenty-first, eighteen hundred and sixty-six, in Milwaukee County, State of Wisconsin, and upon which said Branch Home is located, and by authority of an Act of Congress approved July fifth, eighteen hundred and eightyeight, in the county of Leavenworth, State of Kansas, and upon which said Branch Home is located, is hereby ceded to the respective States in which caid Branches are located and relinquished by the United States, and the United States shall claim or exercise no jurisdiction over said places after the passage of this Act: Provided, That nothing contained herein shall be construed to impair the powers or rights heretofore conferred upon or exercised by the Board of Managers of the National Home for Disabled Volunteer soldiers in and on said places." This was a provision accompanying ap propriations for the support of the home in the sundry civil appropriation act for the fiscal year 1902. An act of Mar. 21, 1886, mentioned, was incorporated into R. S. 48254836. Act of July 5, 1884, evidently intended to be referred to instead of act of July 5, 1888, mentioned, authorized the establishment of a branch home in Kansas.

Notes of Decisions.

Operation of State laws.-Congress may enact such further laws as it may find necessary, and in so far as it legislates within its powers it excludes the operation of incompatible State laws, but, having abstained from such legislation, the laws of the State remain in force. In re Kelly (C. C. 1895), 71 Fed. 545, 558.

The provision that the board may make by-laws, rules, and regulations not inconsistent with law for carrying on the business and government of the home is designed and can have force only for the management and preservation of discipline. Within legitimate exercise there can be no Interference with that management by the civil authorities, and any inquiry would probably be exclusively of Federal cognisance. Id.

The act of Jan. 21, 1871, receding to the State of Ohio "the jurisdiction over the place purchased for the location of the national asylum for disabled volunteer soldiers," is not nullified by the proviso contained therein that the act shall not be "construed to impair the powers and rights heretofore conferred upon the board of managers of the asylum. Renner v. Bennett (1871), 21 Ohio St. 431.

The title to the premises occupied by the National Home for Disabled Volunteer Soldiers in Wisconsin is not in the United States, but in a corporation created by Congress; and although the legislature of Wisconsin attempted to cede to the United States jurisdiction over said premises (P. & L. Laws Wis. 1867, c. 275), the jurisdiction of the proper State courts over them

remains unimpaired.

In re O'Conner

(1875), 37 Wis. 379, 19 Am. Rep. 765. Right to hold land.-A contention that the National Home was a corporation and a conveyance of the land to it was not a conveyance to the United States was without force. State v. Willett (Tenn. 1906), 97 S. W. 299.

Liability to suit.-The exemption of the United States from recovery of interest on its contracts, unless there is a stipulation to pay interest or a statute permitting its recovery, does not extend to the Mountain Branch of the National Home for Disabled Volunteer Soldiers, created by R. S. 4825 et seq., as a Government agency and invested with various powers, including the right and liability to sue and be sued. National Home for Disabled Volunteer Soldiers v. Parrish (1913), 33 Sup. Ct. 944, 229 C. S. 494, 57 L. Ed. 1296, affirming decree (1912) 194 Fed. 940, 114 C. C. A. 576.

A cross-bill against the National Home for Disabled Volunteer Soldiers, which was incorporated under act of Mar. 21, 1866, and the acts amendatory thereto (R. S. 4825 et seq.) as a Government agency and interest on a claim against the home. National Home for Disabled Volunteer So!diers v. Parrish (1912), 194 Fed. 940, 114 C. C. A. 576; decree affirmed (1913), 33 Sup. Ct. 944, 229 U. S. 494 57 L. Ed. 1296.

The power to sue and be sued at law and in equity conferred on the corporation, being limited to matters within the scope of the other corporate powers with which it is vested, and the corporation being a

charitable institution engaged as an agency of the Federal Government in the discharge of a governmental function, it is not subject to suit in an action sounding in tort for damages for the alleged unlawful and wrongful or negligent acts of its officers in diverting or polluting the waters of a spring. Lyle v. National Home for Disabled Volunteer Soldiers (C. C. 1909), 170 Fed. 842, 843.

The National Home for Disabled Volunteer Soldiers, established under act of Mar. 21, 1866, R. S. 4825, this section, held not subject to trustee process in a suit brought in a State court. Brooks Hardware Co. v. Greer (1911), 87 A. 889, 111 Me. 78, 46 L. R. A. (N. S.) 301.

A grant of power given to the National Home for Disabled Volunteer Soldiers to sue and to be sued at law and in equity applies to such matters only as are within the scope of the other corporate powers of the defendant, and does not authorize such corporation to be sued in tort. Overholser v. National Home for Disabled Volunteer Soldiers (1903), 67 N. E. 487, 68 Ohio St. 236, 62 L. R. A. 936, 96 Am. St. Rep. 658.

The National Home for Disabled Volunteer Soldiers was created by an act of Congress for national purposes only, and as such is a part of the Government of the United States, and can not be sued in an action sounding in tort. Id.

Arrest of inmate by State authority.-In case of the arrest of an inmate of the National Home for Disabled Volunteer Soldiers, made while he was on duty within its limits, without any demand upon the

commandant, by the sheriff of the county, under a warrant in due form, the facts that the inmates of the home are by act of Congress subject to the rules and articles of war, in the same manner as if they were in the Army of the United States, and that the person so arrested had been punished for his offense by the authorities of the home, under the rules legally established for its government, do not affect the jurisdiction of the State court, or the legality of the arrest. In re O'Connor (1875), 37 Wis. 379, 19 Am. Rep. 765.

Jurisdiction of State courts of property of inmate.-An order of the county court requiring the governor of the National Home for Disabled Volunteer Soldiers to appear and submit to an examination on oath touching the property in his possession of an inmate of the home dying intestate is not invalid as conflicting with the acts of Congress and regulations made in pursuance thereof relating to the management of the home. In re Doe's Estate (1912), 138 N. W. 97, 151 Wis. 136.

Eligibility of Congressman.-There is no constitutional objection to the election of a Member of Congress as a member of the Board of Managers of the National Home for Disabled Volunteers, although such an election would seem to be contrary to sound public policy. (1907) 26 Op. Atty. Gen. 457.

The question as to whether a Congressman can be appointed a member of the board of managers of the soldiers' home, and become local manager of one of the homes, is wholly a matter for the decision of Congress itself. Id.

1973. Duties of the board of managers of the National Home for Disabled Volunteer Soldiers.-The board of managers shall make an annual report of the condition of the National Home for Disabled 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. R. S. 4834.

1974. Report of managers and inspectors of National Home for Disabled Volunteer Soldiers.-That there shall be printed of the report of the Board of Managers of the National Home for Disabled Volunteer Soldiers for the fiscal year ending June thirtieth, nineteen hundred and three, in addition to the usual number, for the use of the National Homes for Disabled Volunteer Soldiers, five hundred copies of the report proper, bound in cloth; two hundred copies of the report of the inspection of the State Homes, bound in paper, and two hundred copies of the record of members, bound in cloth; and that hereafter the additional number of copies herein named of future annual reports of the Board of Managers of the National Home for Disabled Volunteer Soldiers, bound in the same manner as above described, shall be printed for the use of the National Homes. Joint Res. 15, act of March 31, 1904 (33 Stat. 585).

1975. Duties of the assistant general treasurer and assistant inspector-general.-* * * For * assistant general treasurer and assistant inspectorgeneral, who shall hereafter, in the necessary absence or inability of the general treasurer, from any cause whatever, perform his duties and give bond to the general treasurer for the faithful performance of such duties, but 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. 636).

*

1976. Officers of the board of managers of the National Home for Disabled Volunteer Soldiers.-The twelve managers of the National Home for Disabled Volunteer Soldiers shall elect from their own number a president, who shall be the chief executive officer 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. R. S. 4827.

The word "twelve," in this section, denoting the number of mauagers in the board composed of the three officers named in R. S. 4825, and the nine required to be elected by R. S. 4826, were superseded by changes in the number by subsequent provisions, particularly the provision of act of June 23, 1913, ante, 1972.

Joint Res. 241, act of Oct. 19, 1914, ante, 1972, provides that four members shall constitute a quorum as there provided.

1977. Expenses of board of managers of the National Home for Disabled Volunteer Soldiers, and salaries of officers.-No member of the board of managers of the National Home shall receive any compensation as such member. But the traveling and other actual expenses of a member incurred while upon the business of the home may be paid, and any member of the board having other duties connected with the home may receive a reasonable compensation therefor, to be determined by the board. R. S. 4828.

Board of managers: President, $4,000; secretary, $500; general treasurer, who shall not be a member of the board of managers, $5,000; chief surgeon, $4,500; assistant general treasurer, $3,500; inspector general, $3,500; clerical services for the offices of the president, general treasurer, and inspector general and chief surgeon, $19,000; clerical services for managers, $2,700; traveling expenses of the board of managers, their officers, and employees, including officers of branch home's when detailed on inspection work, $14,000; outside relief, $100; legal services, medical examinations, stationery, telegrams, and other incidental expenses, $1,700; in all, $58,500. Act of Mar. 4, 1921 (41 Stat. 1396), making appropriations for sundry civil expenses: National Home for Disabled Volunteer Soldiers.

The salaries of the president and secretary of the board were fixed, and the allowance of mileage for the members of the board was prescribed by a provision of act of Aug. 18, 1894, which modified R. S. 4828. This was superseded by the act cited above.

1978. Officers of the National Home for Disabled Volunteer Soldiers.-The officers of the National Home shall consist of a governor, a deputy governor, a secretary, a treasurer, and such other officers as the managers may deem necessary. They shall be appointed from honorably discharged soldiers who served as mentioned in the following section; and they may be appointed and removed, from time to time, as the interests of the institution may require, by the Board of Managers. R. S. 4829.

That section forty-eight hundred and twenty-nine of the Revised Statutes of the United States be amended by the addition of the following

words: Provided, That surgeons, assistant surgeons, and other medical officers of the National Home for Disabled Volunteer Soldiers, and the several branches thereof, may be appointed from others than those who have been disabled in the military service of the United States." Act of February 9, 1897 (29 Stat. 517), amending R. S. 4829.

Provided further, That no person shall be eligible to or hold any position or employment in the government or management of any home who is interested in or connected with, directly or indirectly, any brewery, dramshop, or distillery in the State where such home is located. Act of Mar. 3, -1887 (24 Stat. 540), making appropriations for sundry civil expenses.

The following section" of the Revised Statutes, referred to in this section, R. S. 4830, is set forth 1997, post.

Notes of Decisions.

Status of governor.-The governor of the States. In re Doe's Estate (Wis. 1912), National Home for Disabled Volunteer 138 N. W. 97. Soldiers is not an "officer" of the United

1979. Veterans preferred as officers of the National Home for Disabled Volunteer Soldiers.-Hereafter the officers of the National Home for Disabled Volunteer Soldiers, and officers under the Board of Managers thereof, shall be appointed, so far as may be practicable, from persons whose military or naval service would render them eligible, if disabled and not otherwise provided for, for admission to the Home, and they may be appointed, removed, and transferred, from time to time, as the interests of the institution may require, by the Board of Managers. Act of June 28, 1902 (32 Stat. 472).

1980. Pay and mileage allowance of officers of the National Home for Disabled Volunteer Soldiers.-That the Board of Managers shall classify all the officers and employees of the National Home for Disabled Volunteer Soldiers and establish a rate of pay and allowance for each class, and the rate so established shall not be increased by fees, perquisites, allowances, or advantages under .any pretense whatever; and no employee shall be borne on more than one pay roll or voucher.

That when an officer of the National Home for Disabled Volunteer Soldiers, not a member of the Board of Managers thereof, travels under orders on business for the Home he shall be allowed seven cents in lieu of all other expenses for each mile actually traveled, distance to be computed by the most direct through route. Act of Aug. 18, 1894 (28 Stat. 412), making appropriations for sundry civil expenses.

1981. Treasurers of the National Home for Disabled Volunteer Soldiers to give bonds. The general treasurer shall give good and sufficient 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, and the treasurers of the several Branch Homes shall give good and sufficient bonds to the general treasurer in such sums as he may require, and to be approved by him, faithfully to account for all public moneys and property which they may receive. Act of Aug. 18, 1894 (28 Stat. 412), making appropriations for sundry civil expenses.

1982. Funds for the National Home for Disabled Volunteer Soldiers.- * * And from and after the first day of April, eighteen hundred and seventy-five, no money shall be appropriated or drawn for the support and maintenance of what is now designated by law as the "National Home for Disabled Volunteer Soldiers," except by direct and specific annual appropriations by law.

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