Page images
PDF
EPUB

mainder of such pension money, if any, to be placed to the credit of the pen sioner and to be paid to the pensioner or the guardian of the pensioner in the event of his or her discharge from the hospital; or, in the event of the death of said pensioner while an inmate of said hospital, shall, if a female pensioner, be paid to her minor children, and, in the case of a male pensioner, be paid to his wife, if living; if no wife survives him, then to his minor chfldren; and in case there is no wife nor minor children, then the said unexpended balance to his or her credit shall be applied to the general uses of said hospital: Provided, That in the case of any pensioner transferred to the hospital from the National Home for Disabled Volunteer Soldiers any pension money to his credit at said Home at the time of his said transfer shall be transferred with him to said hospital and placed to his credit therein, to be expended as hereinbefore provided, and in case of his return from said hospital to the Home any balance to his credit at said hospital shall in like manner be transferred to said Home, to be expended in accordance with the rules established in regard thereto, and this provision shall also be applicable to all unexpended pension money heretofore paid to the officers of said hospital on account of pensioners who were but are not now inmates thereof. R. S. 4839, as amended by sec. 1, act of Feb. 2, 1999 (35 Stat. 592).

The provisions added to R. S. 4839 by this amendment relating to pensions of inmates of the hospital reenacted in substance, and superseded provisions relating to such pensions made by amendment of a proviso of act of Aug. 7, 1882 (22 Stat. 330), by act of Feb. 20, 1905 (33 Stat. 731), entitled "An act relating to the payment and disposition of pension money due to inmates of the Government Hospital for the Insane."

Notes of Decisions.

Application of pension.-Where an inmate of the National Soldiers' Home becomes insane and is transferred to the Government Hospital for the Insane, the pension received by such inmate is to be de voted to his maintenance and treatment at

the hospital, and the excess cost of such maintenance and treatment over the amount of his pension is to be paid from funds appropriated for such hospital. (1908) 26 Op. Atty. Gen. 512.

2049. Disposal of articles made by patients in Saint Elizabeths Hospital.The Secretary of the Interior is authorized to make regulations governing the disposal of articles produced by patients of Saint Elizabeths Hospital in the course of their curative treatment, either by allowing the patient to retain same or by selling the articles and depositing the money received to the credit of the appropriation from which the materials for making the articles were purchased. Act of March 6, 1920 (41 Stat. 513), making appropriations to supply the deficiencies: Saint Elizabeths Hospital.

2050. Insane persons admissible to Saint Elizabeths Hospital.-The superintendent, upon the order of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Treasury, respectively, shall receive, and keep in custody until they are cured, or removed by the same authority which ordered their reception, insane persons of the following descriptions:

First. Insane persons belonging to the Army, Navy, Marine Corps, and revenue-cutter service.

Second. Civilians employed in the Quartermaster's and Subsistence Depart ments of the Army who may be, or may hereafter become, insane while in such employment.

Third. Men who, while in the service of the United States, in the Army, Navy, or Marine Corps, have been admitted to the hospital, and have been

thereafter discharged from it on the supposition that they have recovered their reason, and have, within three years after such discharge, become again insane from causes existing at the time of such discharge, and have no adequate means of support.

Fourth. Indigent insane persons who have been in either of the said services and been discharged therefrom on account of disability arising from such insanity.

Fifth. Indigent insane persons who have become insane within three years after their discharge from such service, from causes which arose during and were produced by said service. R. S. 4843.

This section was amended by act of Feb. 9, 1909 (31 Stat. 7), by inserting, in subdivision second thereof, after the words "civilians employed in the Quartermaster's," the word "Pay," which amendment is omitted here as the Pay Department no longer exists.

Insane patients of the Marine Hospital Service, now the Public Health Service, were to be admitted to the hospital by sec. 5, act of Mar. 3, 1875 (18 Stat. 486). The indigent insane of the District of Columbia were to be entitled to the benefit of the hospital by R. S. 4844.

Notes of Decisions.

[blocks in formation]

after their discharge from service might, under the prior act of July 13, 1866, be admitted to the Government Hospital for the Insane in the District of Columbia, whether at the time they became insane they were inmates of any volunteer soldiers' asylum or not. (1873) 14 Op. Atty. Gen. 225.

A contract surgeon, while serving as such in the Army, is a person belonging to the Army, within the meaning of this section, and if he becomes insane in such service is entitled under that section to admission to the Government Hospital for the Insane. (1906) 26 Op. Atty. Gen. 74.

2051. Insane members of the Soldiers' Home admitted to Saint Elizabeths Hospital. And in addition to the persons now entitled to admission to the Government Hospital for the Insane, any inmate of the Soldiers' Home who is now or may hereafter become insane shall, upon an order of the president of the Board of Commissioners of the Soldiers' Home, be admitted to said hospital and treated therein; and the expenses of maintaining any such person shall be paid from the Soldiers' Home fund. Act of July 7, 1884 (23 Stat. 213).

See notes to, ante, 2048 and 2050.

2052. Admission of insane inmates of National Home for Disabled Volunteers to Saint Elizabeths Hospital.-Provided, That in addition to the persons now entitled to admission to said hospital, any inmate of the National Home for Disabled Volunteer Soldiers who is now or may hereafter become insane shall, upon an order of the president of the Board of Managers of the said National Home, be admitted to said hospital and treated therein. Act of Feb.

* * *

20. 1905 (33 Stat. 731), amending act of Aug. 7, 1882 (22 Stat. 330). This was the first part of a proviso annexed to a provision for the sale, etc., of surplus products, etc., of the hospital, in the sundry civil appropriation act for the fiscal year 1883. For portica omitted see note to 2048, ante.

2053. Transfer of insane convicts to Saint Elizabeths Hospital.-That upon the application of the Attorney-General the Secretary of the Interior be, and he is hereby, authorized and directed to transfer to the Government Hospital for the

Insane in the District of Columbia all persons who, having been charged with offenses against the United States, are in the actual custody of its officers, and all persons who have been or shall be convicted of any offense in a court of the United States and are imprisoned in any State prison or penitentiary of any State or Territory, and who during the term of their imprisonment have or shall become and be insane. Sec. 1, act of June 23, 1874 (18 Stat. 251), as amended by act of Aug. 7, 1882 (22 Stat. 330).

Recent Army appropriation acts, in making the appropriation for the transportation of the Army, and its supplies, have provided for transportation on release from confinement. See 538, ante.

Notes of Decisions.

Transfer of insane convicts to hospital.Insane convicts in the penitentiar of the District of Columbia may be transferred to

the insane asylum on order of the Secretary of the Interior. (1857) Op. Atty. Gen. 390.

2054. Return of convicts from Saint Elizabeths Hospital to prison.-That whenever such insane convict shall be restored to sanity, after he or she shall have been transferred under the provisions of this act, he or she shall be returned to the prison or penitentiary from which the transfer was made, provided the term of imprisonment shall not have expired. The questions of sanity in all cases arising under this act shall be determined in accordance with the rules and regulations of existing laws, State or national, on that subject, applicable to the prison, penitentiary, or asylum where such convict shall be confined. 3, act of June 23, 1874 (18 Stat. 252).

Sec.

2055. Transfer of patients from Saint Elizabeths Hospital to other hospitals.The Secretary of War is authorized, during the existing emergency, to transfer to the various public hospitals for the care of the insane, patients of every class entitled to treatment in Saint Elizabeths Hospital and that are admitted on order of the Secretary of War.

The superintendent of such public hospital shall possess the right to retain the aforementioned class of patients in his hospital in the same manner and to the same extent as now possessed by the Superintendent of Saint Elizabeths Hospital.

The Superintendent of Saint Elizabeths Hospital, with the approval of the Secretary of the Interior, shall transfer to the various public hospitals out of the various appropriations made by Congress for the support and treatment of patients in Saint Elizabeths Hospital a sum sufficient to pay for the support and treatment of patients sent to public hospitals as herein provided, based upon the per capita cost of maintenance in Saint Elizabeths Hospital, said payment not to exceed at any time the exact cost of support and treatment of such patients. Act of Oct. 6, 1917 (40 Stat. 373), making appropriations to supply deficiencies.

2056. Insane of the Army, etc., committed to public hospitals in California.The Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in California, in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of Mar. 3, 1901 (31 Stat. 1163).

The establishment of a branch home on the Pacific coast was authorized by act Mar. 2, 1887 (24 Stat. 444).

See notes to R. S. 4843, ante, 2050.

*

2057. Care of the insane in the Philippine Islands.— * * Provided, That hereafter the Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane natives of the Philippine Islands serving in the Army of the United States at any asylum in the Philippine Islands in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of May 11, 1908 (35 Stat. 122).

For care, maintenance, and treatment at asylums in the Philippine Islands of insane natives of the Philippine Islands cared for in such institutions conformable to the Act of Congress approved May 11, 1908, $2,000. Act of June 5, 1920 (41 Stat. 968), making appropriations for the support of the Army: Bureau of Insular Affairs.

2058. Care of the insane in Porto Rico.-For care, maintenance, and treatment at asylums in Porto Rico of insane soldiers of the Porto Rico Regiment of Infantry, $100. Act of June 5, 1920 (41 Stat. 968), making appropriations for the support of the Army: Bureau of Insular Affairs.

2059. Insane prisoners of war and interned aliens.-Interned persons and prisoners of war, under the jurisdiction of the War Department, who are or may become insane hereafter shall be entitled to admission for treatment to Saint Elizabeths Hospital. Act of Oct. 6, 1917 (40 Stat. 373), making appropriations to supply deficiencies.

2060. Transfer of insane from military hospitals to nearest public hospitals. The Secretary of War is authorized to transfer from any military hospital to the nearest available public hospital for the care of the insane any insane patient who is in need of treatment, preference being given to the hospital nearest to the place of the patient's enlistment. Act of Oct. 6, 1917 (40 Stat. 373).

2061. Interdepartmental Social Hygiene Board. That there is hereby created a board to be known as the Interdepartmental Social Hygiene Board, to consist of the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury as ex officio members, and of the Surgeon General of the Army, the Surgeon General of the Navy, and the Surgeon General of the Public Health Service, or of representatives designated by the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury, respectively. The duties of the board shall be: (1) To recommend rules and regulations for the expenditure of moneys allotted to the States under section five of this chapter; (2) to select the institutions and organizations and fix the allotments to each institution under said section five; (3) to recommend to the Secretary of the Treasury, the Secretary of War, and the Secretary of the Navy such general measures as will promote correlation and efficiency in carrying out the purposes of this chapter by their respective departments; and (4) to direct the expenditure of the sum of $100,000 referred to in the last paragraph of section seven of this chapter. The board shall meet at least quarterly, and shall elect annually one of its members as chairman, and shall adopt rules and regulations for the conduct of its business. Sec. 1, chap. XV, act of July 9, 1918 (40 Stat. 886). 2062. States assisted in care of venereal patients.-That the Secretary of War and the Secretary of the Navy are hereby authorized and directed to adopt measures for the purpose of assisting the various States in caring for civilian persons whose detention, isolation, quarantine, or commitment to institutions may be found necessary for the protection of the military and naval forces of the United States against venereal diseases. Sec. 2, chap. XV, act of July 9, 1918 (40 Stat. 886).

That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $1,000,000, to be expended under the joint direction of the Secretary of War and the Secretary of the Navy to carry out the provisions of section two of this chapter: Provided, That the appropriation herein made shall not be deemed exclusive, but shall be in addition to other appropriations of a more general character which are applicable to the same or similar purposes. Sec. 5, chap. XV, act of July 9, 1918 (40 Stat. 887).

That the terms "State" and "States," as used in this chapter, shall be held to include the District of Columbia. Sec. 8, chap. XV, act of July 9, 1918 (40 Stat. 887).

For assisting the States in protecting the military and naval forces of the United States against venereal diseases, $150,000; and the unexpended balance on June 30, 1920 (approximately $250,000), of the appropriation heretofore made for this purpose is continued and made available during the fiscal year 1921: Provided, That no part of these sums shall be expended in assisting reformatories, detention homes, hospitals, or other similar institutions in the maintenance of venereally infected persons; * * * Act of June 5, 1920 (41 Stat. 888), making appropriations for sundry civil expenses: Interdepart mental Social Hygiene Board.

2063. Research for the Interdepartmental Social Hygiene Board. That there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated * ** * annually for two fiscal years, beginning with the fiscal year commencing July first, nineteen hundred and eighteen, *** the sum of $100,000, which shall be paid to such universities, colleges, or other suitable institutions, as in the judgment of the Interdepartmental Social Hygiene Board are qualified for scientific research, for the purpose of discovering, in accordance with rules and regulations prescribed by the Interdepartmental Social Hygiene Board, more effective medical measures in the prevention and treatment of venereal diseases; the sum of $300,000, which shall be paid to such universities, colleges, or other suitable institutions or organizations, as in the judgment of the Interdepartmental Social Hygiene Board are qualified for scientific research, for the purpose of discovering and developing more effective educational measures in the prevention of venereal diseases, and for the purpose of sociological and psychological research related thereto. Sec. 6, chap. XV, act of July 9, 1918 (40 Stat. 887).

[ocr errors]

That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $100,000 to be used under the direction of the Interdepartmental Social Hygiene Board for any purpose for which any of the appropriations made by this chapter are available. Sec. 1, chap. XV, act of July 9, 1918 (40 Stat. 887).

For payment to universities, colleges, and other suitable institutions, for scientific research for the purpose of discovering more effective medical measures in the prevention and treatment of venereal diseases, $85,000;

For payment to universities, colleges, and other suitable institutions and organizations for the purpose of discovering and developing more effective educational measures in the prevention of veneral diseases, $250,000;

No part of the respective sums contained in the two preceding paragraphs shall be paid to any university, college, institution, or organization which does not set aside an additional sum for the same purpose at least equal to the amount to be received from the United States; * Act of June 5, 1920 (41 Stat. 888), making appropriations for sundry civil expenses: Interdepart mental Social Hygiene Board.

[ocr errors]
« PreviousContinue »