of the insurance in installments for thirty-six months or more, but only if the insured has not exercised the right of election as hereinbefore provided; and even though the insured may have exercised his right of election, the said contract may authorize the beneficiary to elect to receive such insurance in installments spread over a greater period of time than that selected by the insured. Sec. 17, act of Dec. 24, 1919 (41 Stat. 376).

1935. Payment of war risk insurance by the United States. That the United States shall bear the expenses of administration and the excess mortality and disability cost resulting from the hazards of war. Sec. 403, added

*

to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 410).

That there is hereby appropriated, from any money in the Treasury not otherwise appropriated, the sum of $23,000,000, to be known as the military and naval insurance appropriation. All premiums that may be collected for the insurance provided by the provisions of Article IV shall be deposited and covered into the Treasury to the credit of this appropriation.

Such sum, including all premium payments, is hereby available for the payment of the liabilities of the United States incurred under contracts of insurance made under the provisions of Article IV. Payments from this appropriation shall be made upon and in accordance with awards by the director. Sec. 20, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 400).

1936. United States Government life insurance fund.-That all premiums paid on account of insurance converted under the provisions of Article IV of the War Risk Insurance Act shall be deposited and covered into the Treasury to the credit of the United States Government life insurance fund and shall be available for the payment of losses, dividends, refunds, and other benefits provided for under such insurance. Payments from this fund shall be made upon and in accordance with awards by the director.

The Bureau of War Risk Insurance is hereby authorized to set aside out of the fund so collected such reserve funds as may be required, under accepted actuarial principles, to meet all liabilities under such insurance; and the Secretary of the Treasury is hereby authorized to invest and reinvest the said United States Government life insurance fund, or any part thereof, in interest-bearing obligations of the United States and to sell the obligations for the purposes of the said fund. Sec. 18, act of Dec. 24, 1919 (41 Stat. 376). 1937. Bureau of War Risk Insurance.-That there is established in the Treasury Department a Bureau to be known as the Bureau of War Risk Insurance. Sec. 1, act of Sept. 2, 1914 (38 Stat. 711), as amended by

sec. 1, act of Oct. 6, 1917 (40 Stat. 398).

The Bureau of War Risk Insurance was established in the Treasury Department by the act of Oct. 6, 1917 (40 Stat. 399). which extended the marine insurance act of Sept. 2, 1914 (38 Stat. 711), to provide for persons in the military and naval service. Provision was made by sec. 14 of said act for an advisory board of three members skilled in insurance to assist in fixing premium rates and adjusting claims for losses under contracts of insurance. Sec. 313 of the same act provided that " nothing in this section shall be construed to impose any administrative duties upon the War and Navy Departments." 1938. Surgeons of the Army to assist the Bureau of War Risk Insurance.-* The bureau shall, by arrangement with the Secretary of War and the Secretary of the Navy, respectively, make use of the services of surgeons in the Army and Navy. * Sec. 14, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 399).

* *

1939. Compelling testimony.-That for the purpose of this Act, the director, commissioners, and deputy commissioners shall have power to issue subpœnas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evidence, to administer oaths and to examine witnesses upon any matter within the jurisdiction of the bureau. The director may obtain such information and such reports from officials and employees of the departments of the Government of the United States and of the States as may be agreed upon by the heads of the respective departments. In case of disobedience to a subpoena, the bureau may invoke the aid of any district court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court, within the jurisdiction of which the inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any officer, agent, or employee of any corporation or other person, issue an order requiring such corporation or other person to appear before the bureau, or give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Sec. 15, added

to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 399).

1940. Fees and mileage of witnesses.* Any person so required to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States. Sec. 15, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 399).

1941. Bureau of War Risk Insurance to assist and represent policyholders.— That the Bureau of War Risk Insurance, so far as practicable, shall upon request furnish information to and act for persons in the military or naval service, with respect to any contracts of insurance whether with the Government or otherwise, as may be prescribed by regulations. * * * Sec. 24, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402). 1942. Record of insurance.-Said bureau may upon request procure from and keep a record of the amount and kind of insurance held by every commissioned and appointive officer and of every enlisted man in the military or naval service of the United States, including the name and principal place of business of the company, society, or organization in which such insurance is held, the date of the policy, amount of premium, name and relationship of the beneficiary, and such other data as may be deemed of service in protecting the interests of the insured and beneficiaries. Sec. 24, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402).

1943. Citation of the war-risk insurance act.-That this Act may be cited as the war-risk insurance Act. Sec. 30, added to the act of Sept. 2, 1914, by sec. 2, act of June 25, 1918 (40 Stat. 610).

1944. The Soldiers' Home established.-All soldiers of the Army of the United States, and all soldiers who have been, or may hereafter be, of the Army of the United States, and who have contributed, or may hereafter contribute, according to section forty-eight hundred and nineteen, to the support of the Soldiers' Home hereby created, and the invalid and disabled soldiers, whether regulars or volunteers, of the war of eighteen hundred and twelve, and of all subsequent wars, shall, under the restrictions and provisions whick follow, be

members of the Soldiers' Home, with all the rights annexed thereto. R. S. 4814.

Deductions from the pay of soldiers for the support of the home, formerly required by R. S. 4819, have been discontinued as directed by act of June 12, 1906 (34 Stat. 242), and by act of May 11, 1908 (35 Stat. 110). See 1956, post.

R. S. 4117 provided that the commissioners of the Soldiers' Home, by and with the approval of the President, shall procure for immediate use, at a suitable place or places, a site or sites for the Soldiers' Home, and if the necessary buildings can not be procured with the sites, to have the same erected, having due regard to the health of the locations, facility of access, and economy, and giving preference to such places as, with the most convenience and least cost, will accommodate the persons entitled to the bene fits of the Soldiers' Home.

1945. Veterans entitled to the benefits of the Soldiers' Home.-The following persons, members of the Soldiers' Home, according to section forty-eight hundred and fourteen, shall be entitled to the rights and benefits herein conferred, and no others:

First. Every soldier of the Army of the United States who has served, or may serve, honestly and faithfully twenty years in the same.

Second. Every soldier and every discharged soldier, whether regular or volunteer, who has suffered, or may suffer, by reason of disease or wounds incurred in the service and in the line of his duty, rendering him incapable of further military service, if such disability was not occasioned by his own misconduct.

Third. The invalid and disabled soldiers, whether regulars or volunteers, of the wars of eighteen hundred and twelve and of all subsequent wars. 4821.

R. S.

Insane inmates of the Soldiers' Home were entitled to admission to the Government hospital for the insane by act of July 7, 1884, post, 2051.

1946. Rights of pensioners as members of the Soldiers' Home.-The fact that one to whom a pension has been granted for wounds or disability received in the military service has not contributed to the funds of the Soldiers Home shall not preclude him from admission thereto. But all such pensioners shall surrender their pensions to the Soldiers' Home during the time they remain therein and voluntarily receive its benefits. R. S. 4820.

See sec. 4, act of Mar. 3, 1883, ante 1847, which has been construed as requiring no longer a surrender of pension under any circumstances as a condition of admission to the home.

Notes of Decisions.

Surrender of pensions.-Under this section only the invalid pensioners who had not contributed to the funds are bound to

surrender their pensions. U. s. v. Bowen (1879), 100 U. S. 508, 512, 25 L. Ed. 681. affirming 14 Ct. Cl. 162.

1947. Discharge from the Soldiers' Home.-Any soldier admitted into the Soldiers' Home for disability who recovers his heaith, so as to become fit again for military service, if under fifty years of age, shall be discharged. R. S. 4823.

1948. Exclusion of ex-convicts from the Soldiers' Home.-The benefits of the Soldiers' Home shall not be extended to any soldier in the regular or volunteer service, convicted of felony or other disgraceful or infamous crimes of a civil nature after his admission into the service of the United States; nor shall any one who has been a deserter, mutineer, or habitual drunkard be received, with out such evidence of subsequent service, good conduct, and reformation of character, as is satisfactory to the commissioners. R. S. 4822.

1949. Uniforms for members of the Soldiers' Home.-That a suitable uniform shall be furnished to every inmate of the Home, without cost to him. Sec. 5, act of Mar. 3, 1883 (22 Stat. 565).

1950. Rules for the members of the Soldiers' Home.-All persons admitted into the Soldiers' Home shall be subject to the Rules and Articles of War in the same manner as soldiers in the Army. R. S. 4824.

See A. W. 2, ch. 52, post.

Maintenance

Notes of Decisions.

of discipline - Frequenting public places.-Under this section and sec. 1968, post, the governor of the home, to maintain discipline, may promulgate such special orders as he deems proper, including the right to forbid the inmates to frequent a public place, where they are permitted to obtain liquor, or are afforded degrading and immoral amusements, exposed to improper temptations. Rowan v. Butler (Ind. 1908), 85 N. E. 714. (This decision evidently confuses the Soldiers' Home with a branch of the National Home

or

1951. Outdoor relief by the Soldiers' Home. That the board of commissioners are authorized to aid persons who are entitled to admission to the Home, by out-door relief, in such manner and to such an extent as they may deem proper; but such relief shall not exceed the average cost of maintaining an inmate of the Home. Sec. 6, act of Mar. 3, 1883 (22 Stat. 565).

1952. Composition of the Board of Commissioners of the Soldiers' Home.** Provided, That hereafter the government and control of the United States Military Prison shall, under the Secretary of War, be vested in the Board of Commissioners of the United States Soldiers' Home, which board shall consist as at present of the Surgeon-General, the Commissary-General, the Adjutant-General, the Quartermaster-General, the Chief of Engineers, the Judge-Advocate-General, and the Governor of the Home, and the president of said board, who shall be the senior in rank of the members thereof, shall submit annually to the Secretary of War, for transmission to Congress, a full statement of the financial and other affairs of both the home and the prison for the preceding fiscal year. Sec. 1, act of Mar. 4, 1909 (35 Stat. 1004), making appropriations for sundry civil expenses.

** * and any four of them shall constitute a quorum for the transaction of business. Sec. 10, act of Mar. 3, 1883 (22 Stat. 565).

The government and control of the United States Disciplinary Barracks, formerly known as the military prison, is now vested in The Adjutant General of the Army by sec. 2 (3), act of Mar. 4, 1915, 529, ante, superseding the provisions of this section in so far as the military prison is concerned.

Notes of

Substitutes for members of board.-A person duly designated to take charge of the office of Judge Advocate General and to perform its duties pending the suspension from duty of the Judge Advocate General, is qualified under this section to act as one of the Board of Commissioners of the Soldiers' Home in the District of Columbia. (1892) 20 Op. Atty. Gen. 483.

Decisions.

When the place of any chief of bureau named in this section has been temporarily filled under sec. 178, R. S., the person so temporarily acting may perform the duties of such officer as a member of the Board of Commissioners of the Soldiers' Home, just as he performs the other duties of the officer in whose stead he is acting. (1901) 23 Op. Atty. Gen. 473.