« PreviousContinue »
without certifi. cate.
the standard measure of one hundred and twenty-eight
inspector, weigher, and measurer appointed under the pre
cer to pass or allow to the credit of any disbursing officer
paid for has been determined by such otficer.
in the District of Columbia to purchase anthracite or bituto be weighei, minous coal or wood for the public service except on con
dition 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 employees.
branch of the service for which the purchase is made from
partment or branch of the service:
Department may be appointed outside of said Department,
The person appointed under this section shall ascertain
measure of one hundred and twenty-eight cubic feet. Certificate.
Each load or parcel of wood or coal weighed and meas. ured by him shall be accompanied by lis certificate of the number of tons or pounds of coal and the number of coris or parts of cords of wood in eaclı load or parcel.
Coal and wood
DESERTERS AND DESERTION.
Title 16, chap. 1. SEC. 1420. No
deserter from the naval or milDeserters not itary service of the United States shall be enlisted in the to be enlisted.
naval service. Mar. 3, 1865, 8. 18, v. 13, p. 490.
SEC. 155:3. Any person who shall entice or procure, or Title 15, chap. 7. attempt to entice or procure, any seaman or other person Enticing per. in the naval service of the United States, or who has been 97a to dosent
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. SEC, 1024. *
Title15,chay.10. ART. 4. The punishment of death, or such other punish- Offenses pun
ishable by death. ment as a court martial inay adjudge, may be inflicted on any person in the naval servicewho Sixth.
in time of war,
deserts entices others to desert;
See two provi
Desertion time of war.
gions underact of Aug. 14, 1888.
time of peace.
Seventh. in time of war, deserts or betrays Desertingtrust.
July 17, 1862, s. his trust, or entices or aids others to desert or betray their 1, v. 12, p. 600; trust;
Apr. 23, 1800, art.
17, v. 2, p. 17. 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 at- Desertion tempts to desert, or aids and entices others to desert;
Twenty-second. Or receives or entertains any deserter Harboring defrom any other vessel of the Navy, knowing him to be such, July 17, 1862, s. and does not, with all convenient speed, give notice of such : Y: 1132, . 600;
Apr. , 1800, v, 2, deserter to the commander of the vessel to which he be- p.47. longs, or to the commander-in-chief, or to the commander of the squadron. ART. 9. Any officer who absents himself from his com
without leave. mand without leave, may, by the sentence of a court-martial, May 16,1861, s. be reduced to the rating of an ordinary seaman.
2, v. 13, p. 75. ART. 10. Any commissioned officer of the Navy or Marine Desertion by
resignation. Corps who, having tendered his resignation, quits his post Aug. 5, 1861, s. or proper duties without leave, and with intent to remain 2, 5, 2, 1:316, permanently absent therefrom, prior to due notice of the missal and resig. acceptance of such resignation, shall be deemed and pun- cers," soc. 1021, ished as a deserter.
ART. 19. Any officer who knowingly enlists into the Enlisting de naval service any deserter froin the naval or military service of the United States
shall be punished as a 18. 1. 13, P490 ;
May 12, 1879, v. court-martial may direct.
21, p. 3. SEC. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or Rights as citi. report themselves to a provost-marshal within sixty days zens forfeited for
, after the issuance of the proclamation by the President,
See Title Dis.
Mar. 3, 1865, 9.
diers and sailors
Mar. 3, 1865, s.
Mar. 3, 1865, s. dated the 11th day of March, 1865, are deemed to have 21, v. 13, p. 490.
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 sol. SEC. 1997. No soldier or sailor, however, who faithfully not to incur the served according to his enlistinent 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 15, p. 14. Polec. 4740. 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. Avoiding
SEC. 1998. Every person who hereafter deserts the mili
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.
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 bis enlistment until the nineteenth day of septoris, 1867, v. April, eighteen hundred and sixty-five, and who, without
July 19 15, p. 14. proper authority or leave first obtained, quit his command Bounty Land, or refused to serve after that date; but nothing herein Division, IV. 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. Title 70, chap. 6. 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 military naval
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, 1861, v. 13, such service, or who harbors, conceals, protects, or assists 1877, v. 19, p. 253.' any such soldier who may have deserted from such service,
knowing him to have deserted therefrom, or who refuses
aud sailors not to
Mar. 3, 1863, s.
p. 343; Feb. 27,
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 forteited pay. (Op., XIV, 124.)
If pay forfeited or a fine has passed into the Treasury, by a covering warrant or otherwise, neither can bo 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 oflense, except where, by reason of "manifest impediment," the acensed 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 contine. ment 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 reserter 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, tinal judgment passerl by the dismissal.
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.
DISMISSAL AND RESIGNATION OF OFFICERS. Sec.
Sec. 1229. Dismissal in time of peace.
1624. Officers dismissed by President 1441. Officere dismissed or resigning to
may demand trial. Art. 37.) escape dismissal.
Act amending article 37. 1624. Dismissal of officers. (Art. 36.)
Failing in examination. SEC. 1229.
officer in the mili. Title 14, chap. 1. tary, or naval service shall in time of peace be dismissed July 15,1870, 8. from service except upon and in pursuance of the sentence 17, v. 16, P.: 319;
July 13, 1866, s. 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 bas 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 nissed, or resign. become an officer of the Navy.
July 16, 1862, s. 11, v. 12, p. 585. See notes 1, 2, 3.
Government on his entire military record, and an authoritative declaration that he See articles 61 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 bo 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 ex. tended a pardon. Pardon purges the oflense, but does not of itself restore lost position. Op. XI, p. 19, Mar. 12, 1861.)
Note 9.-Where all act directed the Secretary of War to amend the record of an See sec. 1441. 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 ::--Congress, as a general rule, has authorized the President to restore ofli. See sec. 1441. cera to the retired list without requiring the advice anıl consent of the Senate. Where they have been reinstated to form å 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 title “ De
Title 15,chap.10. SEC. 1624, ART. 36. No officer shall be dismissed from
of the naval service except by the order of the President or July 13, 1866, 8.
by sentence of a general court-martial; and in time of peace 5, v. 14, p. 92. no officer shall be dismissed except in pursuance of the senserters and deser tence of a general court-martial or in mitigation thereof. tion" for amend. ments to this sec. tion. Officer dis
SEC. 1624, ART. 37. When any officer, dismissed by missed by the President may
order of the President since 30 March, 1865, makes, in demand trial. Mar: 13, 1865, s. writing, an application for trial, setting forth, under oath
8. 12, v. 13, p. 489. that he has been wrongfully dismissed, the President shall, See act of June
as soon as the necessities of the service may permit, con22,1874, and notes infra.
vene 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 hy the
President shall be void. June 22, 1874.
That the accounting oflicers 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, dis2, v. 18, p. 191. missed from the service and restored to the same under the See note 1.
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.
Whenever on an inquiry had pursuant to law, concernOfficers failing ing the fitness of an officer of the Navy for promotion, it
shall Aug. 5, 1882, 22 appear that such officer is unfit to perform at sea the Stat. I. p. 286. duties of the place to which it is proposed to promote him, (Naval appropriation act. )
by reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and
June 22, 1874, 8.
Sce note 5.
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 oflicersused in the Constitution, mean subordinate or inferior oflicers 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 Cage. 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 rested in him by an act of Congress, of reinstating an oflices, and expresses his will by an order to that effect, the otticer 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 otheer, between date of dismissal anı restoration, not remanding, 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.) See act of Aug. Note :- After a sentence of dismissal from the service has been approved and 5, 1882.
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. anil Feb, 21, 1881.)
The President, by and with the advice and consent of the Senate, can supersede