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1478. Enforcement of law in the Hawaiian Islands.-That the governor shall be responsible for the faithful execution of the laws of the United States and of the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Territory of Hawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Territory, or any part thereof, under martial law until communication can be had with the President and his decision thereon made known. Sec. 67, Act of Apr. 30, 1900 (31 Stat. 153).

1479. Employment of land and naval forces.-The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or his widow, heir, executor, administrafor, or assigns. Sec. 5577, R. S.

(This has reference to guano islands. For general legislation covering the subject of guano islands see sections 5570 to 5578, Revised Statutes and the act of March 15, 1878 (20 Stat. 30), and the act of April 14, 1884 (23 Stat. 11).)

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1480. Restriction upon the use of military force. From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section and any person wilfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprisonment not exceeding two years or by both such fine and imprisonment. Sec. 15, Act of June 18, 1878 (20 Stat. 152).

As to cases where this authorization has been expressed see preceding paragraphs of this chapter; also article 49, Army Regulations, 1913.

* See Dig. Op. J. A. G., pp. 101-103; Winthrop Military Law and Precedents, pp. 1352-1356.

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Permanent specific disabilities. 1486

Pension according to rank............. 1485 | Widows, children, and dependent

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1481. Pensions for disabilities.-Every person specified in the several classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability. Sec. 4692, R. S.

This chapter is not intended to give a full statement of the pension laws, but only so much thereof as will show the general policy of the Government in regard to pensions and furnish the information necessary to enable officers to answer the questions likely to arise in the service. For a full statement of the law on the subject, reference is made to the publication of the Pension Bureau, "Laws of the United States governing the granting of Army and Navy pensions and bounty lands," etc.

*The act of March 3, 1885 (23 Stat. 362), contains the requirements that "all applicants for pension shall be presumed to have had no disability at the time of enlistment, but such presumption may be rebutted."

1482. Same-Classes of beneficiaries.-The persons entitled as beneficiaries under the preceding section are as follows:

First. Any officer of the Army, including regulars, volunteers, and militia, or any officer in the Navy or Marine Corps, or any enlisted man, however employed, in the military or naval service of the United States, or in its Marine Corps, whether regularly mustered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty.

Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gunboat or war vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor.

Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or nonenlisted person, on account of disablity from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital.

Fifth. Any provost-marshal, deputy provost-marshal, or enrolling officer disabled, by reason of any wound or injury received in the discharge of his duty, to procure a subsistence by manual labor. Sec. 4693, R. S.

1483. Wounds or disease; line of duty.-No person shall be entitled to a pension by reason of wounds or injury received or disease contracted in the service of the United States subsequent to the twentyseventh day of July, eighteen hundred and sixty-eight, unless the person who was wounded, or injured, or contracted the disease was in the line of duty, and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at

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sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States or to some other vessel or naval station or hospital. Sec. 4694, R. S.

1484. Rates of pensions.-The pension for total disability shall be as follows, namely: For lieutenant-colonel and all officers of higher rank in the military service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officer commanding vessels, second and third assistant engineers, master's mate, and all warrant officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gunboats and war vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service. Sec. 4695, R. S.

1485. Pension according to rank.-Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension as is provided in the preceding section for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or Presidential appointment, regularly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank: Provided, That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty, and that he did not willfully neglect or refuse to be mustered. Sec. 4696, R. S.

'By section 4692, Rev. Stat. (paragraph 1481, ante), an inferior disability shall be rated in proportion to that for total disability.

1486. Permanent specific disabilities.-From and after June fourth, eighteen hundred and seventy-two, all persons entitled by law to a less pension than hereinafter specified, who, while in the military or naval service of the United States, and in line of duty, shall have lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the regular personal aid and attendance of another person, shall be entitled to a pension of thirty-one dollars and twenty-five cents per month;1 and all persons who, under like circumstances, shall have lost one hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall be entitled to a pension of twenty-four dollars per month; and all persons who, under like circumstances, shall have lost one hand, or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of eighteen dollars per month: Provided, That all persons who, under like circumstances, have lost a leg above the knee, and in consequence thereof are so disabled that they can not use artificial limbs, shall be rated in the second class and receive twentyfour dollars per month from and after June fourth, eighteen hundred and seventy-two; and all persons who, under like circumstances, shall have lost the hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date: Provided, That the pension for a disability therein mentioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. Sec. 4698 R. S.

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1Increased to fifty dollars by the act of June 18, 1874 (18 Stat. 78), and to seventy-two dollars by the act of June 17, 1878 (20 id., 144), and June 16, 1880 (21 id., 281), and to one hundred dollars in certain cases (loss of both hands) by the act of February 12, 1889 (25 id., 659). By act of March 3, 1879 (20 Stat. 484), the provision is made to embrace those "who have become totally blind from causes occurring in the service"; and by act of April 8, 1904 (33 Stat. 163), the rate for loss of both eyes or total blindness from causes occurring in the service" is fixed at one hundred dollars per month.

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2 Increased by the act of February 28, 1877 (19 Stat. 264), and to twenty-four and thirty dollars per month by the act of March 3, 1883 (22 id., 453), and to thirty-six and forty-five dollars per month by the act of August 4, 1886 (24 id., 220), paragraphs 1487, 1488, and 1489, post.

By act of March 3, 1879 (20 Stat. 453) the pension authorized "for amputation of either leg at the hip joint" is thirty-seven dollars and fifty cents per month.

Increased to thirty dollars by the act of August 27, 1888 (25 Stat. 449), which act further authorized “such proportion thereof in cases of partial deafness as the Secretary of the Interior may deem equitable; the amount paid to be determined by the degree of disability existing in each case,"

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