diers' Home residing at a distance therefrom. Act of Jan. 16, 1891 (26 Stat. 718).

1512. Limitation on expenditures.-No new buildings shall be erected or new grounds purchased, nor shall any expenditure of more than five thousand dollars be made, until the action of the board thereon shall be approved by the Secretary of War. All supplies that can be purchased upon contract shall be so purchased, after due notice by advertisement, of the lowest responsible bidder. Such bidder shall give bond, with proper security, for the performance of his contract.1 Sec. 3, Act of Mar. 3, 1883 (22 Stat. 564).

1513. Borrowing money on credit of Home prohibited.-No officers of the Home shall borrow any money on the credit of the Home for any purpose, nor shall any pledge of any of its property or securities for any purpose be valid. Sec. 9, id., 565.

1514. Who may become members of the Home.-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 fortyeight 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 which follow, be members of the Soldiers' Home, with all the rights annexed thereto.2 Sec. 4814, R. S.

(The contribution provided for in sec. 4819, R. S., was abolished by the act of May 11, 1908, 35 Stat. 110.)

1515. What persons are entitled to its benefits.-The following persons, members of the Soldiers' Home, according to section fortyeight hundred and fourteen, shall be entitled to the rights and benefits herein conferred, and no others:

1

Contracts for the Home should be entered into, not by the "Soldiers' Home," which is not an incorporated institution, but by the board of commissioners, who, as trustees for the Home, may make contracts which will bind the United States. (Dig. Opin., J. A. G., par. 2330. Ed. 1901.)

Section 11 of the act of March 3, 1883 (22 Stat. p. 565), contains the provision "that all laws and parts of laws relating to the Soldiers' Home now in force and not inconsistent with this act are continued in force, and such as are inconsistent herewith are to that extent repealed." Section 12 of the same act contained the requirement that "the sum of ten thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated to be expended by the Secretary of the Treasury in the employment of additional clerical force to be used in adjusting the accounts in the Treasury Department of those funds which under the law belong to the Soldiers' Home."

2 This section and 4819 recognize two classes of beneficiaries: 1. Soldiers who, while in the service, contributed voluntarily to the support of the Home. 2. Soldiers who did not contribute. Those who contributed have a right to membership without surrendering their pensions to the Home. Under section 4820 of the Revised Statutes, those who did not contribute may become members by making such surrender. (Bowen v. U. S., 100 U. S., 508; id., 14 Ct. Cls., 162.)

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 regular or volunteers, of the wars of eighteen hundred and twelve and of all subsequent wars. Sec. 4821, R. S.

1516. Who are excluded.-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 without such evidence of subsequent service, good conduct, and reformation of character as is satisfactory to the commissioners. Sec. 4822, R. S.

1517. Who shall be discharged.-Any soldier admitted into the Soldiers' Home for disability who recovers his health, so as to become fit again for military service, if under fifty years of age, shall be discharged. Sec. 4823, R. S.

1518. Outdoor relief.-That the board of commissioners are authorized to aid persons who are entitled to admission to the Home, by outdoor 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).

1519. Rights of pensioners and surrender of pensions.-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. Sec. 4820, R. S.

1520. Allotment of their pensions by inmates, payment of pensions not assigned to Treasurer, etc.-Any inmate of the Home who is receiving a pension from the Government, and who has a child, wife, or parent living, shall be entitled, by filing with the pension agent

1

See Dig. Opin. J. A. G., 1010, I. B., edition 1912.

3 Section 4820, Revised Statutes, admits of no other reasonable construction than that only invalid pensioners who had not contributed to the funds of the Soldiers' Home were bound to surrender to it their pensions while receiving its benefits. (U. S. v. Bowen, 100 U. S., 508; see paragraph 1520, post)

from whom he receives his money a written direction to that effect, to have his pension, or any part of it, paid to such child, wife, or parent. The pensions of all who now are or shall hereafter become inmates of the Home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the Home. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pensioner to whom it would otherwise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his discharge from the institution. The board of commissioners may from time to time pay over to any inmate such part of his pension money as they think best for his interest and consistent with the discipline and good order of the Home, but such pensioner shall not be entitled to demand or have the same so long as he remains an inmate of the Home. In case of the death of any pensioner, any pension money due him remaining in the hands of the treasurer shall be paid to his legal heirs, if demand is made within three years; otherwise the same shall escheat to the Home. Sec. 4, Act of Mar. 3, 1883 (22 Stat. 564).

1521. Inmates subject to Articles of War.-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.1 Sec. 4824, R. S.

1522. Uniforms to be furnished inmates free of cost.-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).

1523. Liquor licenses prohibited within 1 mile of the Home.-On and after the passage of this act no license for the sale of intoxicating liquor at any place within one mile of the Soldiers' Home property in the District of Columbia shall be granted. Act of Feb. 28, 1891 (26 Stat. 797).

NOTE. The National Home for Disabled Volunteer Soldiers.

The National Home for Disabled Volunteer Soldiers was established under authority of act of Congress of March 3, 1865 (13 Stat. 509). This act was amended by the following acts:

Act of March 21, 1866 (14 Stat. 10);

Act of March 12, 1867 (15 Stat. 1);

Joint resolution of June 8, 1868 (15 Stat. 253);

Joint resolution of February 28, 1871 (16 Stat. 599);

Act of January 23, 1873 (17 Stat. 417);

Act of March 3, 1875 (18 Stat. 359);

Joint resolution of February 26, 1875 (18 Stat. 524).

These various acts were carried forward into the Revised Statutes and there appear in chapter 3, title 59, from sections 4825 to 4837, inclusive.

Since the enactment of the Revised Statutes the most important acts relating to the National Home for Disabled Volunteer Soliders, are: 18 Stat. 359: 20 Stat. 390; 21 Stat. 350, 447; 22 Stat. 322, 330; 24 Stat. 129, 251, 540; 25 Stat. 387, 543, 657, 855; 27 Stat. 15, 384; 28 Stat. 159, 412, 492; 29 Stat. 445, 517; 30 Stat. 54, 105, 640, 668, 1073, 1379; 31 Stat. 636, 745, 1175, 1178; 33 Stat. 731; 35 Stat. 1012.

'See Dig. Opinion. J. A. G., 1010 I A.

Under authority conferred by separate statutes branch homes have been established at the following places:

The Central Branch, at Dayton, Ohio.

The Northwestern Branch, at Milwaukee, Wis.

The Eastern Branch, at Togus, Me.

The Southern Branch, at Hampton, Va.

The Western Branch, at Leavenworth, Kans.

The Pacific Branch, at Santa Monica, Cal.

The Marion Branch, at Marion, Ind.

The Danville Branch, at Danville, Ill.

The Johnson City Branch, at Johnson City, Tenn.

Battle Mountain Sanitarium, Hot Springs, S. Dak.

As to aid offered States and Territorial homes for disabled soldiers see the following acts: Sec. 4825, R. S.; 25 Stat. 450, 975; 30 Stat. 1379.

Admissions to the home.-Hereafter the following persons only shall be entitled to the benefits of the National Home for Disabled Volunteer Soldiers and may be admitted thereto upon the order of a member of the board of managers, namely: All honorably discharged officers, soldiers, and sailors who served in the regular or volunteer forces of the United States in any war in which the country has been engaged, who are disabled by disease, wounds, or otherwise, and who have no adequate means of support, and by reason of such disability are incapable of earning their living. (Act of May 26, 1900, 31 Stat. 217.)

All honorably discharged soldiers and sailors who served in the War of the Rebellion and the Spanish-American War, and the provisional army and the volunteer soldiers and sailors of the War of 1812 and of the Mexican War, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. (Act of January 28, 1901, 31 Stat. 745.)

GOVERNMENT HOSPITAL FOR THE INSANE.1

1524. Establishment.-There shall be in the District of Columbia a Government Hospital for the Insane, and its objects shall be the most humane care and enlightened curative treatment of the insane of the Army and Navy of the United States and of the District of Columbia. Sec. 4838, R. S.

1525. Admissions; insane of Army, etc.-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, Pay, and Subsistence Departments of the Army who may be, or may hereafter become, insane while in such employment. Sec. 4843, R. S., as amended by Act of Feb. 9, 1900 (31 Stat. 7).

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.

'The sundry civil act of June 25, 1910 (35 Stat. 703), contained an item (p. 724) "for the care, maintenance, and treatment at asylums in Porto Rico of insane soldiers of the Porto Rico Regiment of Infantry"; and since then provision has been made for the purpose in the annual acts for the support of the Army.