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account in estimating a father's means of independent support: Provided further, That the pension allowed to any person on account of his or her dependence, as hereinbefore provided, shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. Sec. 4707, R. S.

1501. Remarriage of widow or dependent mother or sister.-The remarriage of any widow, dependent mother, or dependent sister entitled to pension shall not bar her right to such pension to the date of her remarriage, whether an application therefor was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister having a pension such pension shall cease: Provided, however, That any widow who was the lawful wife of any officer or enlisted man or other person in the Army, Navy, or Marine Corps of the United States, as described in paragraphs one, two, and three of section forty-six hundred and ninetythree of the Revised Statutes of the United States, during the period of his service in any war, and whose name was placed or shall hereafter be placed on the pension roll because of her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced, upon her own application and without fault on her part, and if she is without means of support other than her daily labor, as defined by the Acts of June twenty-seventh, eighteen hundred and ninety, and May ninth, nineteen hundred, shall be entitled to have her name again placed on the pension roll at the rate now provided for widows by the Acts of July fourteenth, eighteen hundred and sixty-two, March third, eighteen hundred and seventy-three, and March nineteenth, eighteen hundred and eighty-six, such pension to commence from the date of the filing of her application in the Pension Bureau after the approval of this Act: And provided further, That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act: And provided further, That where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to restoration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said widow the payment of pension to said child or children shall cease. Sec. 4708, R. S., as amended by Sec. 1, Act of Feb. 28, 1903 (32 Stat. 920).

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1502. Board of Commissioners, duties.-The Board of Commissioners of the Soldiers' Home shall hereafter consist of the General in Chief commanding the Army, the Surgeon-General, the CommissaryGeneral, the Adjutant-General, the Quartermaster-General, the Judge-Advocate-General and the Governor of the Home, and the General in Chief shall be President of the Board, and any four of them shall constitute a quorum for the transaction of business; whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to 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 interests of the same, as authorized by this chapter.1 Sec. 4815 R. S., as amended by Sec. 10, Act of Mar. 3, 1883 (22 Stat., 565). 1503. Same. The commissioners of the Soldiers' Home, by and with the approval of the President, shall procure for immediate use,

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The "Military Asylum for the Relief and Support of Invalid and Disabled Soldiers of the Army of the United States was established by the act of March

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 benefits of the Soldiers' Home. Sec. 4817, R. S.

1504. Same.-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

3. 1851 (9 Stat. 595). a For the support of the institution thus established the following funds were set apart: (a) Any unexpended balance of the appropriation made by the act of March 2. 1847 (9 Stat. 149). for the benefit of soldiers disabled by wounds; (b) the sum of $118,791.19, levied by the commanding general of the Army of the United States in Mexico, during the war with that republic, for the benefit of the soldiers of the United States Army, regulars and volunteers, who were engaged in that war, but taken possession of as funds of the United States and placed in the Treasury; (c) all stoppages and fines adjudged against soldiers by sentence of court-martial, over and above any amount that may be due for the reimbursement of Government or of individuals; (d) all forfeitures on account of desertion; (e) all moneys, not exceeding two-thirds of the balance on hand of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses of the year; and (f) 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 heirs or legal representatives of the deceased; b there shall also be "deducted from the pay of every noncommissioned officer, musician, artificer, and private of the Army of the United States the sum of 25 cents c per month, which sum so deducted shall, by the Pay Department of the Army, be passed to the credit of the commissioners of the asylum, who are hereby authorized to receive all donations of money or property made by any person or persons for the benefit of the institution, and hold the same for its sole and exclusive use." (Sec. 7, act of March 3, 1851, 9 Stat. 596.)

In passing upon recommendations made by the board of commissioners of the Soldiers' Home, under section 4815 of the Revised Statutes, the Secretary of War is invested with a discretionary power to approve or disapprove the same. (XVII Opin. Att. Gen., 449.)

a The act of Congress establishing the Military Asylum does not constitute the commissioners a corporation with capacity to sue and be sued. (V Opin. Att. Gen., 398; see note 1 to paragraph 1512, post.)

b This clause was repealed by section 2 of the act of July 5, 1862 (12 Stat. 508).

c The deduction from the monthly pay of enlisted men, fixed at 25 cents per month by section 7, act of March 3, 1851 (9 Stat. 596), was reduced to 12} cents by section 7, act of March 3, 1859 (11 Stat. 424), and was abolished by the act of May 11, 1908 (35 Stat. 110).

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.1 Sec. 1, Act of Mar. 3, 1883 (22 Stat. 564).

1505. Officers.-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." Sec. 4816, R. S.

1506. Same-Selection-Treasurer required to give bond.-The governor and all other officers of the Home shall be selected by the President of the United States, 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).

1507. Funds for the support of the Home, how obtained.-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 the reimbursement of Government or of individuals; all forfeitures on account of desertion; and all moneys belonging to the estates of deceased 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. Sec. 4818, R. S.

1508. Same.-There shall be deducted from the pay of every noncommissioned officer, musician, artificer, and private of the Army of the United States the sum of twelve and a half cents per month, which sum so deducted shall by the Pay Department of the Army

1 Section 2 of the Act of March 3, 1883, provides for an annual inspection of the Home by the Inspector General of the Army. (See par. 464, ante, under the chapter entitled, The Inspector General's Department.)

"The commissioners of the Soldiers' Home may permit the governor, deputy governor, and treasurer of the Home, who are retired officers of the Army and who reside at the Home, to make use of ordinary supplies of fuel, light, forage, etc., produced at the Home or purchased for it, and they may pay the treasurer, out of the funds of the Home, a salary for his services. (XX Opin. Att. Gen., 350.)

See Dig. Opin. J. A. G., pp. 1010 and 1011, edition, 1912.

3 The board of commissioners of the Soldiers' Home can not delegate to the governor of the Home discretionary police authority for the preservation of good order within its limits. (XX Opin. Att. Gen., 514.) They can not empower him to arrest, detain, or deliver over to the court authorities nonmilitary persons committing crimes less than capital, except in the cases where any person may make an arrest without warrant or precept. (Id.)

be passed to the credit of the commissioners of 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. But the deduction of twelve and a half cents per month from the pay of noncommissioned officers, musicians, artificers, and privates of regiments of volunteers or other corps or regiments raised for a limited period or for a temporary purpose or purposes shall only be made with their consent. Sec. 4819, R. S.

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1509. Limit to adjustment of accounts.-Hereafter the adjustment of the accounts of the Soldiers' Home under section 4818 of the Revised Statutes in the offices of the Second Comptroller and Second Auditor shall be limited to those originating subsequent to March 3, 1881. Act of July 16, 1892 (27 Stat. 193).

1510. Permanent fund of the Home.-That all funds of the Home not needed for current use, and which are not now invested in United States registered bonds, 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 permanent fund, and shall draw interest at the rate of three per centum 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 maner. 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).

1511. The Treasurer of the United States the depositary of the funds of the 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 curent expenses 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 sums as he may require monthly or quarterly for payments on account of "outdoor relief" to members of the said Sol

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The deduction of pay for the Soldiers' Home was abolished by the act of May 11, 1908 (35 Stat. 110). For this section see paragraph 1507, ante.

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