Accounting offi cer to be notied. Ibid., s. 2. No payment without certifi cate. Ibid. Mar. 2, 1895. 12-14. etc. the standard measure of one hundred and twenty-eight cubic feet. The inspector, weigher, and measurer so appointed shall be entitled to receive from the venders of fuel weighed and measured by him twenty cents for each ton of coal weighed, and nine cents for each cord of wood measured by him. Each load or parcel of wood or coal weighed and measured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or parcel. SEC. 3712. The proper accounting officer of the Treasury shall be furnished with a copy of the appointment of each inspector, weigher, and measurer appointed under the preceding section. SEC. 3713. It shall not be lawful for any accounting officer to pass or allow to the credit of any disbursing officer in the District of Columbia any money paid by him for purchase of anthracite or bituminous coal or for wood, unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer. SEC. 3711. It shall not be lawful for any officer or person Chapter 179, ss. in the civil, military, or naval service of the United States Coal and wood in the District of Columbia to purchase anthracite or bituto be weighed, minous coal or wood for the public service except on condition that the same shall, before delivery, be inspected and weighed or measured by some competent person, to be Appointment of appointed by the head of the Department or chief of the branch of the service for which the purchase is made from among the persons authorized to be employed in such Department or branch of the service: employees. Exception for Navy Depart ment. Duties Certificate. Title 15, chap. 1. Provided, That the weigher and measurer of the Navy Department may be appointed outside of said Department, and that such weigher and measurer shall give bond and be paid as heretofore provided by law. The person appointed under this section shall ascertain that each ton of coal weighed by him shall consist of two thousand two hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard measure of one hundred and twenty-eight cubic feet. Each load or parcel of wood or coal weighed and meas ured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or parcel. Deserters not itary service of the United States shall be enlisted in the to be enlisted. naval service. Mar. 3, 1865, s. 18, v. 13, p. 490. SEC. 1553. Any person who shall entice or procure, or Title 15, chap. 7. attempt to entice or procure, any seaman or other person Enticing perin the naval service of the United States, or who has been sons to desert. July 1, 1864, v. recruited for such service, to desert therefrom, or who shall 13, p. 343. in anywise aid or assist any such seaman or other person in deserting, or in attempting to desert from such service, or who shall harbor, conceal, protect, or in anywise assist any such seaman or other person who may have deserted from said service, knowing him to have deserted therefrom, or who shall refuse to give up and deliver such person on the demand of an officer authorized to receive him, shall be punished by imprisonment for not less than six months nor more than three years, and by fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. ART. 4. The punishment of death, or such other punishment as a court martial may adjudge, may be inflicted on any person in the naval servicewho * Sixth. others to desert; * * Seventh. # in time of war, deserts or entices Desertion in time of war, deserts or betrays his trust, or entices or aids others to desert or betray their trust; ART. 8. Such punishment as a court-martial may adjudge may be inflicted on any person in the Navywho * * Twenty-first. in time of peace, deserts or attempts to desert, or aids and entices others to desert; Twenty-second. Or receives or entertains any deserter from any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron. time of war. in Officers absent without leave. May 16, 1864, s. 2, v. 13, p. 75. resignation. ART. 9. Any officer who absents himself from his command without leave, may, by the sentence of a court-martial, be reduced to the rating of an ordinary seaman. ART. 10. Any commissioned officer of the Navy or Marine Corps who, having tendered his resignation, quits his post or proper duties without leave, and with intent to remain 2, permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and pun- cers, sec. 1624, ished as a deserter. ART. 19. Any officer who knowingly enlists into the naval service any deserter from the naval or military service of the United States *** shall be punished as a court-martial may direct. Desertion by Aug. 5, 1861, s. v. 12, p. 316. missal and resig See Title "Dis nation of oth art. 10. Enlisting de serters. 18. v. 13, p. 490; Title 25. SEC. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or Rights as citireport themselves to a provost-marshal within sixty days zens forfeited for after the issuance of the proclamation by the President, desertion, etc. 21, v. 13, p. 490. Mar. 3, 1865, 8. dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. Certain soldiers and sailors last section. 15, p. 14. SEC. 1997. No soldier or sailor, however, who faithfully not to incur the served according to his enlistment until the 19th day of forfeitures of the April, 1865, and who, without proper authority or leave first July 19, 1867, v. obtained, quit his command or refused to serve after that See sec. 4749. date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. SEC. 1998. Every person who hereafter deserts the miliMar. 3, 1865, s. tary or naval service of the United States, or who, being 21, v. 13, p. 490. duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six. Avoiding the draft. Title 57. and sailors not to July 19, 1867, v. 15, p. 14. See sec. 2438, Bounty Land, Division, IV, SEC. 4749. No soldier or sailor shall be taken or held to Certain soldiers be a deserter from the Army or Navy who faithfully served be deemed de according to his enlistment until the nineteenth day of serters, etc. April, eighteen hundred and sixty-five, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion. SEC. 5455. Every person who entices or procures, or Enticing deser attempts or endeavors to entice or procure, any soldier in tions from the the military service of the United States, or who has been recruited for such service, to desert therefrom, or who aids 24, v. 12, p. 735; any such soldier in deserting or attempting to desert from July 1, 1864, v. 13, such service, or who harbors, conceals, protects, or assists p. 343; Feb. 27, 1877, v. 19, p. 253. any such soldier who may have deserted from such service, knowing him to have deserted therefrom, or who refuses Title 70, chap. 5. military or naval service. Mar. 3, 1863, s. See note 1. See sec. 5455. Note 1.-The President may grant conditional pardon for desertion; may remit a part of the penalty or punishment without remitting the whole; may reenfranchise without giving right to forfeited pay. (Op., XIV, 124.) If pay forfeited or a fine has passed into the Treasury, by a covering warrant or otherwise, neither can be released without authority of Congress. (Op., VIII, 281; XIV, 599; and XVI, 1.) Desertion is a continuing offense. Limitation to trial begins to run from commencement of the offense, except where, by reason of "manifest impediment," the accused is not amenable to justice within two years from that time. In such a case it runs from the removal of the impediment. Continuing commission limited by the obligation to serve under engagement. When that ceases the commission terminates in cases not excepted. "Amenable" signifies within the reach and power of the military authorities to bring to trial. (Op., XV, p. 152, Taft, Sept. 1, 1876.) Where forfeiture or loss of pay is made part of a sentence, in addition to continement or suspension from duty, the former may be remitted by the proper authority, in whole or in part, without also remitting the latter. (Op., XV, p. 175, Taft, Nov. 9, 1876.) Forfeiture by desertion does not include money of the deserter found in possession of or deposited with paymaster. (Op., XIII, p. 210, Hoar, Feb. 8, 1870.) The honorable discharge of a soldier is a formal, final judgment passed by the to give up and deliver such soldier on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than two years, and by a fine not exceeding five hundred dollars; and every person who entices or procures, or attempts or endeavors to entice or procure, any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or who aids any such seaman or other person in deserting or in attempting to desert from such service, or who harbors, conceals, protects, or assists any such seaman or other person who may have deserted from such service, knowing him to have deserted therefrom, or who refuses to give up and deliver such sailor or other person on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than three years, and by a fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. Sec. DISMISSAL AND RESIGNATION OF OFFICERS. 1229. Dismissal in time of peace. 1441. Officers dismissed or resigning to escape dismissal. 1624. Dismissal of officers. SEC. 1229. Sec. 1624. Officers dismissed by President (Art. 36.) No * * Act amending article 37. Failing in examination. July 13, 1866, s. officer in the mili- Title 14, chap. 1. tary, or naval service shall in time of peace be dismissed July 15, 1870, s. from service except upon and in pursuance of the sentence 17, v. 16, p. 319; of a court-martial to that effect, or in commutation thereof. 5, v. 14, p. 92. [Section 1230 of the Revised Statutes is almost the same as art. 37, sec. 1624, except the words "since 3d March, 1865," are omitted.] SEC. 1441. No officer of the Navy who has been dis- Title 15, chap. 2. missed by the sentence of a court-martial, or suffered to resign in order to escape such dismissal, shall ever again become an officer of the Navy. Officers disInissed, or resign. ing to escape dismissal. July 16, 1862, s. 11, v. 12, p. 585. See notes 1, 2, 3. See articles 61 Government on his entire military record, and an authoritative declaration that he left the service in a status of honor. As such it relieves him from a charge of deser- and 62 for the tion appearing on the rolls. Does not restore pay and allowances forfeited by sen- government of tence of a military court-martial for desertion. (Court of Claims, VIII, 110; IX, 190, the Navy, p. 21. Wallace, XV, 34. A seaman charged before a court-martial with desertion may be found guilty of attempting to desert. (Howard, 20, p. 65.) In a trial for theft and desertion, sentence and conviction disapproved and prisoner restored to duty. Action of reviewing officer in effect an acquittal by the court. No authority to withhold pay on account of alleged desertion. (Op., XIII, p. 459, Bristow, June 21, 1871.) Note 1.-Congress did not intend by this clause to preclude the President from reappointing officers dismissed by sentence of court-martial to whom he has extended a pardon. Pardon purges the offense, but does not of itself restore lost position. (Op. XI, p. 19, Mar. 12, 1864.) Note 2.-Where an act directed the Secretary of War to amend the record of an officer dismissed by court-martial, so that he should appear on the rolls and records as if he had been continuously in the service: Held, that it conferred on the Presi dent the power to appoint in the usual way. If so appointed, the commission should refer to the act, in a proper manner, under which the appointment was made, by nomination and confirmation of the Senate.-Op. XIV, 448, Williams, Aug. 13, 1874: but see Court of Claims, XIV, 573; XV, 22. Note 3-Congress, as a general rule, has authorized the President to restore offi. cers to the retired list without requiring the advice and consent of the Senate. Where they have been reinstated to form a part of the active force of the Army, a different phraseology has been employed-requiring the advice and consent of the Senate. An officer dismissed by sentence of a court-martial can not, under section See sec. 1441. See sec. 1441. Title 15,chap. 10. Dismissal officers. SEC. 1624, ART. 36. No officer shall be dismissed from of the naval service except by the order of the President or by sentence of a general court-martial; and in time of peace no officer shall be dismissed except in pursuance of the senserters and deser tence of a general court-martial or in mitigation thereof. July 13, 1866, 8. 5, v. 14, p. 92. See title "De tion" for amend ments to this sec tion. Mar. 3, 1865, 8. 12. v. 13, p. 489. See act of June infra. Officer dis- SEC. 1624, ART. 37. When any officer, dismissed by missed by the President may order of the President since 3d March, 1865, makes, in demand trial. writing, an application for trial, setting forth, under oath that he has been wrongfully dismissed, the President shall, 22.1874, and notes as soon as the necessities of the service may permit, convene a court-martial to try such officer on the charges on which he shall have been dismissed. And if such courtmartial shall not be convened within six months from the presentation of such application for trial, or if such court, being convened, shall not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void. June 22, 1874. tion. June 22, 1874, 8. 2. v. 18, p. 191. See note 4. That the accounting officers of the Treasury be, and are Pay on restora- hereby, prohibited from making any allowance to any officer of the Navy who has been, or may hereafter be, dismissed from the service and restored to the same under the provisions of the twelfth section of the act of March third, eighteen hundred and sixty-five, entitled, "An act to amend the several acts heretofore passed to provide for the enrolling and calling out the national forces, and for other purposes," [sec. 1624, R. S.] to exceed more than pay as on leave for six months from the date of dismissal, unless it shall appear that the officer demanded in writing, addressed to the Secretary of the Navy, and continued to demand as often as once in six months, a trial as provided for in said act. Aug. 5, 1882. in examination. Whenever on an inquiry had pursuant to law, concernOfficers failing ing the fitness of an officer of the Navy for promotion, it Aug. 5, 1882, 22 Shall appear that such officer is unfit to perform at sea the Stat. L., p. 286. duties of the place to which it is proposed to promote him, [Naval appropri ation act.] by reason of drunkenness, or from any cause arising from See note 5. his own misconduct, and having been informed of aud See act of Aug. 5, 1882. 1228 R. S., be reinstated except by reappointment, confirmed by the Senate. This is a clear recognition that restoration of officers separated from the service under other circumstances, can be accomplished without confirmation of the Senate. The words "inferior officers" used in the Constitution, mean subordinate or inferior officers in whom, respectively, the power of appointment may be invested by Congress in the President, the courts of law, and the heads of Departments.-C. C., XIV, 573, Collin's Case. See sec. 1594, Retirement. When the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice and consent of the Senate. When he exercises the discretion vested in him by an act of Congress, of reinstating an officer, and expresses his will by an order to that effect, the officer acquires a vested right to the office. By antedating an appointment or commission he can not create a liability on the part of the Government, but the legislative branch of the Government can. -- C. C., XV, 22, Collin's Case. Note 4.-An officer, between date of dismissal and restoration, not demanding, in writing, as often as six months, a trial, when restored is not entitled to more than "pay as on leave for six months" from date of dismissal. (Op., XV, 569, Taft, July 21, 1876.) Note 5.-After a sentence of dismissal from the service has been approved and carried into execution, the President can not reconsider his approval and revoke the sentence. (Op., IV, p. 274, Nov. 3, 1843; Op., VII, p. 99, Apr. 11, 1855; Op., X, p. 64, June 13, 1861; Op., XI, pp. 19 and 251, Mar. 12, 1864, and June 20, 1865, respectively; Op. XV. p. 291, and Feb. 24, 1881.) The President, by and with the advice and consent of the Senate, can supersede |