to active duty, and when traveling on detached duty where it is impracticable to carry rations of any kind, enlisted men selected to contest for places or prizes in departments and Army rifle competitions while traveling to and from places of contest, male and female nurses on leave of absence, applicants for enlistment, and general prisoners while traveling under orders. For payment of the regulation allowances of commutation in lieu of rations for members of the Army Nurse Corps while on duty in hospital, and for enlisted men, applicants for enlistment while held under observation, civilian employees who are entitled to subsistence at public expense, and general prisoners sick therein, to be paid to the surgeon in charge; * Act of June 5, 1920 (41 Stat. 957), making

* *

appropriations for the support of the Army: Subsistence of the Army.

Under the provisions of the Act of May 12, 1917 (40 Stat. 50), commutation of rations for the Nurse Corps (female and others) was fixed at 40 cents, and for patients at Fort Bayard, N. Mex., at 50 cents.

Notes of Decisions.

Commutation.-Commutation in the military or naval service is money paid in substitution of something to which an officer, soldier, or sailor is entitled. Commutation, being regulated by statutes and regulations, can not be allowed by inferior

authority. The principle which governs the commutation of rations in lieu of subsistence is that commutation will not be allowed where subsistence in kind is provided by the Government. Jaekle v. U. S., 28 Ct. Cls., 133.

1817. Commutation of rations for competitors at the national rifle match.* * * Provided, That the sum of $12,000 is authorized to be expended for supplying meals or furnishing commutation of rations to enlisted men of the Regular Army and the National Guard who may be competitors in the national rifle match: Provided further, That no competitor shall be entitled to commutation of rations in excess of $1.50 per day, and when meals are furnished no greater expense than that sum per man per day for the period the contest is in progress shall be incurred. Act of June 5, 1920 (41 Stat. 957), making appropriations for the support of the Army: Subsistence of the Army. Similar appropriations were made by previous acts.

1818. Commutation of clothing and subsistence to retired enlisted men.— * Provided, That hereafter a monthly allowance of nine dollars and fifty cents be granted in lieu of the allowance for subsistence and clothing. Act of Mar. 16, 1896 (29 Stat. 62), making appropriations for the support of the Army.

See 1705, ante.

1819. Clothing balances.-The money value of all clothing overdrawn by the soldier beyond his allowance shall be charged against him, every six months, on the muster roll of his company, or on his final statements if sooner discharged, and he shall receive pay for such articles of clothing as have not been issued to him in any year, or which may be due to him at the time of his discharge, according to the annual estimated value thereof. The amount due him for clothing, when he draws less than his allowance, shall not be paid to him until his final discharge from the service. R. S. 1302.

On July 11, 1917, the President directed that from July 15, 1917, and during the then existing emergency, a soldier's allowance for clothing would be the quantity of clothing necessary and adequate for the service on which he was engaged. See G. O. 89, War Dept., July 11, 1917, and G. O. 119, sec. III, War Dept., Sept. 11, 1917.

1820. Appropriations chargeable with clothing balances.---Clothing balances accumulating to the soldier's credit under section thirteen hundred and two

shall, when payable to him upon his discharge, be paid out of the appropriation for pay of the Army for the then current fiscal year. R. S. 1308, as amended by act of June 12, 1906 (34 Stat. 246).

This section, as enacted in the Revised Statutes, read as follows:

"The amounts of deposits and clothing-balances accumulating to the soldier's credit under sections thirteen hundred and two and thirteen hundred and five shall, when payable to him upon his discharge, be paid out of the appropriations for pay of the Army for the then current fiscal year."

For R. S. 1302, mentioned, see 1819, ante.

1821. Laundry, etc., for recruits at depots.-That traders and laundrymen at depots for recruits in the Army be, and hereby are, authorized to furnish such recruits, on credit, with laundry work and such articles as may be necessary for their cleanliness and comfort, at a total cost not to exceed seven dollars in value per man. That muster and pay rolls be made out showing the amounts the recruits respectively owe to the traders and laundrymen, and signed by them before leaving the depot, and that the traders and laundrymen be paid on such rolls, the amount paid for each recruit to be noted accordingly on the muster and descriptive rolls, in order that it may be withheld, after he joins his com pany, by the paymaster, at the first subsequent payment, under such rules and regulations as may be adopted by the War Department: Provided, That this provision shall apply only to recruits on their enlistment, and the credit shall only be allowed on the written order of the regular recruiting officer at said station. Sec. 3, act of June 30, 1882 (22 Stat. 122), making appropriations for the support of the Army.

1822. Disposition of the remains of soldiers and civilian employees.-Disposition of remains of officers, soldiers, and civilian employees: For interment, cremation (only upon request from relatives of the deceased), or preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, cadets, United States Military Academy, including acting assistant surgeons and enlisted men in active service, and accepted applicants for enlistment; interment, or preparation and transportation to their homes, of the remains of civil employees of the Army in the employ of the War Department who die abroad, in Alaska, in the Canal Zone, or on Army transports, or who die while on duty in the field or at military posts within the limits of the United States; interment of military prisoners who die at military posts; for the interment and shipment to their homes of remains of enlisted men who are discharged in hospitals in the United States and continue as inmates of said hospitals to the date of their death, and for interment of prisoners of war and interned alien enemies who die at prison camps in the United States; removal of remains from abandoned posts to permanent military posts or national cemeteries, including the remains of Federal soldiers, sailors, or marines interred in fields or abandoned private and city cemeteries; and in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the Army who die on the active list are borne by individuals, where such expenses would have been lawful claims against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services out of this sum, but no reimbursement shall be made of such expenses incurred prior to July 1, 1910; expenses of the segregation of bodies in permanent American cemeteries in Great Britain and France; in all, $1,000,000: Provided, That the above provisions shall be applicable in the cases of officers and enlisted

men on the retired list of the Army who have died or may hereafter die while on active duty by proper assignment and also to citizens of the United States who may have died while serving in the armies of the. Allies associated with the American forces: Provided further, That in addition to the foregoing sum, the unobligated balance of the appropriation "Disposition of remains of officers, soldiers, and civil employees," for the fiscal year 1921 is made available during the fiscal year 1922 for the above purposes and for the care and maintenance of graves of officers, soldiers, and civilian employees of the Army abroad, and for the preparation and shipment of their remains to their homes, or to national cemeteries. Act of Mar. 4, 1921 (41 Stat. 1386–1387), making appropriations for sundry civil expenses: Quartermaster Corps.

*

1823. Disposition of remains of deceased vocational trainees.-For funeral and other incidental expenses (including transportation of remains) of deceased trainees of the board. Act of June 5, 1920 (41 Stat. 887), making appropriations for sundry civil expenses: Vocational rehabilitation. 1824. Burial expenses of soldiers and Army nurses. If death occur or shall have occurred subsequent to April 6, 1917, and before discharge or resignation from service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulations. Sec. 301 (g), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 405), as amended by sec. 10, act of Dec. 24, 1919 (41 Stat. 372).

This part of the original act as amended read as follows: "If the death occurs before discharge or resignation from service, the United States shall pay for burial expenses and the return of the body to his home a sum not to exceed $100, as may be fixed by regulations."

1825. Burial in national cemeteries.-All soldiers, sailors, or marines dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, or who served, or hereafter shall have served, during any war in which the United States has been, or may hereafter be, engaged, and, with the consent of the Secretary of War, any citizen of the United States who served in the Army or Navy of any government at war with Germany or Austria during the World War and who died while in such service or after honorable discharge therefrom, may be buried in any national cemetery free of cost. The production of the honorable discharge of a deceased man in the former case, and a duly executed permit of the Secretary of War in the latter case, shall be sufficient authority for the superintendent of any cemetery to permit the interment. R. S. 4878,

as amended by act of April 15, 1920 (41 Stat. 552).

No memorial is to be placed and no body interred within 250 feet of Arlington Memorial Amphitheater. See 1828), post.

1826. Burial of indigent veterans of the Civil War.-For expenses of burying in the Arlington National Cemetery, or in the cemeteries of the District of Columbia, indigent ex-Union soldiers, ex-sailors, or ex-marines of the United States service, either Regular or Volunteer, who have been honorably discharged or retired and who die in the District of Columbia, to be disbursed by the Secretary of War, at a cost not exceeding $45 for such burial expenses in each case, exclusive of cost of grave, $1,000, 60 per centum of which sum shall be paid out of the revenues of the District of Columbia. Act of Mar. 4, 1921 (41 Stat. 1386), making appropriations for sundry civil expenses: National cemeteries.

Notes of Decisions.
Revenue-Cutter

that service in time of peace, are not entitled to the privilege of interment in national cemeteries. (1910) 28 Op. Atty. Gen. 543.

Officers and seamen of Service. Commissioned and warrant officers and seamen of the Revenue-Cutter Service, who die in the ordinary administration of 1827. Burial expenses of deceased indigent patients.-Burial of deceased indigent patients: For burying in the Little Rock (Arkansas) National Cemetery, including transportation thereto, indigent ex-soldiers, ex-sailors, or ex-marines of the United States service, either Regular or Volunteer, who have been honorably discharged or retired and who die while patients at the Army and Navy General Hospital, Hot Springs, Arkansas, to be disbursed at a cost not exceeding $35 for such burial expenses in each case, exclusive of cost of grave, $200. Act of Mar. 4, 1921 (41 Stat. 1387), making appropriations for sundry civil expenses: National cemeteries.

1828. Burial of Army nurses.

Army nurses honorably discharged

from their service as such may be buried in any national cemetery, and, if in a destitute condition, free of cost. The Secretary of War is authorized to issue certificates to those army nurses entitled to such burial. R. S. 4878, as amended by act of April 15, 1920 (41 Stat. 552).

R. S. 4878, as enacted in the Revised Statutes, did not contain the two sentences set forth here. Said provisions were added, at the end of the original section, by amendment as cited above.

18281. Memorials in Arlington Memorial Amphitheater. That a commission is hereby created, to be composed of the Secretary of War and the Secretary of the Navy, which shall submit annually to the President, who shall transmit the same to Congress by the first Monday in December, recommendations as to what, if any, inscriptions, tablets, busts, or other memorials shall be erected, and what, if any, bodies of deceased members of the Army, Navy, and Marine Corps shall be entombed during the next ensuing year within the Arlington Memorial Amphitheater, in the Arlington National Cemetery, Virginia: Provided, That no memorial shall be placed and no body shall be interred in the grounds about the Arlington Memorial Amphitheater within a distance of two hundred and fifty feet from the said memorial. Sec. 1, act of Mar. 4, 1921 (41 Stat. 1440).

That the Secretary of War shall be the chairman of the said commission and the depot quartermaster of the Army in Washington shall be its executive and disbursing officer. Scc. 2, act of Mar. 4, 1921 (41 Stat. 1440).

That no inscription, tablet, bust, or other memorial shall be erected nor shall any body be entombed within the Arlington Memorial Amphitheater unless specifically authorized in each case by Act of the Congress. Sec. 3, act of Mar. 4, 1921 (41 Stat. 1440).

That no inscription, tablet, bust, or other memorial as herein provided for shall be erected to commemorate any person who shall not have rendered conspicuously distinguished service in the United States Army, Navy, or Marine Corps, nor shall the body of any such person be entombed in the Arlington Memorial Amphitheater; nor shall any such memorial be erected or any body be entombed therein within ten years after the date of the death of the person so to be commemorated, except as heretofore or hereafter authorized by Congress. Sec. 4, act of Mar. 4, 1921 (41 Stat. 1440).

That the character, design, and location of any such inscriptions, tablets, busts, or other memorials when authorized as herein provided shall be sub

ject to the approval of the commission herein created, which shall in each case obtain the advice of the Commission of Fine Arts. Sec. 5, act of Mar. 4, 1921 (41 Stat. 1440).

The burial of an unidentified veteran of the World War in this amphitheater was directed by joint resolution of Mar. 4, 1921 (41 Stat. 1447).

1829. Erection of headstones in private cemeteries.-That the Secretary of War is hereby authorized to erect headstones over the graves of soldiers who served in the Regular or Volunteer Army of the United States during the war for the Union, and who have been buried in private village or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy-three, for those interred in national military cemeteries; and for this purpose, and for the expenses incident to such work, so much of the appropriation of one million dollars, made in the act above mentioned, as has not been expended, and as may be necessary, is hereby made available. The Secretary of War shall cause to be preserved in the records of his Department the names and places of burial of all soldiers for whom such headstones shall have been erected by authority of this or any former acts. Act of Feb. 3, 1879 (20 Stat. 281).

For continuing the work of furnishing headstones of durable stone or other durable material for unmarked graves of Union and Confederate soldiers, sailors, and marines in national, post, city, town, and village cemeteries, naval cemeteries at navy yards and stations of the United States, and other burial places, under the Acts of March 3, 1873, February 3, 1879, and March 9, 1906; continuing the work of furnishing headstones for unmarked graves of civilians interred in post cemeteries under the Acts of April 28, 1904, and June 30, 1906; and furnishing headstones for the unmarked graves of Confederate soldiers, sailors, and marines in national cemeteries, $120,000. Act of Mar. 4, 1921 (41 Stat. 1385), making appropriations for sundry civil expenses: National cemeteries.

The provisions of act of Mar. 3, 1873 (17 Stat. 545), mentioned above, were incorporated into R. S. 4877, ante, 1095. For act of Mar. 9, 1906, see 1831, post.

A specific appropriation for marking civilian graves in post cemeteries appears in the sundry civil appropriation acts of Apr. 28, 1904 (33 Stat. 496), and of June 30, 1906 (34 Stat. 741), respectively, mentioned above.

1830. Monuments, etc., in Cuba and China.-Monuments or tablets in Cuba and China: For repairs and preservation of monuments, tablets, roads, fences, and so forth, made and constructed by the United States in Cuba and China to mark the places where American soldiers fell, $1,000. Act of June 5, 1920 (41 Stat. 896), making appropriations for sundry civil expenses.

1831. Headstones for Confederate veterans.-That the Secretary of War be, and he is hereby, authorized and directed to ascertain the locations and condition of all the graves of the soldiers and sailors of the Confederate army and navy in the late civil war, eighteen hundred and sixty-one to eighteen hundred and sixty-five, who died in Federal prisons and military hospitals in the North and who were buried near their places of confinement; with power in his discretion to acquire possession or control over all grounds where said prison dead are buried not now possessed or under the control of the United States Government; to cause to be prepared accurate registers in triplicate, one for the superintendent's office in the cemetery, one for the Quartermaster-General's Office, and one for the War Record's Office, Confederate archives, of the places of burial, the number of the grave, the name, company, regiment, or vessel and State, of each Confederate soldier and sailor who so died, by verification with the Confederate archives in the War Department at Washington, District of