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§ 9211. (Act March 2, 1907, c. 2511.) Hospital for tuberculosis at Fort Bayard, New Mex., open to officers and men of Navy and Marine Corps.

The hospital at Fort Bayard, New Mexico, for the treatment of tuberculosis, shall be opened to the treatment of the officers and men of the Navy and Marine Corps. (34 Stat. 1172.)

This was a proviso annexed to an appropriation for construction and repair of hospitals, in the Army appropriation act for the fiscal year 1908, cited above.

§ 9212. (Act June 12, 1906, c. 3078.) Hospital at Fort Bayard; patients to be subject to articles of war.

All persons admitted to treatment in the general hospital at Fort Bayard, New Mexico, shall, while patients in said hospital, be subject to the rules and articles for the government of the armies of the United States. (34 Stat. 255.)

This was a proviso annexed to an appropriation for the Medical and Hospital Department of the Army, in the Army appropriation act for the fiscal year 1907, cited above.

The hospital was to be open to officers and men of the Navy and Marine Corps by a provision of Act March 2, 1907, c. 2511, ante, § 9211.

Sec.

CHAPTER TWO

The Soldiers' Home

9213. Who may become members of the

Soldiers' Home.

9214. Board of Commissioners of the Soldiers' Home.

9215. Board of Commissioners of the Soldiers' Home.

9216. Board of Commissioners; composition; government and control of Home and Military Prison; president of board; annual report.

9217. Officers.

9218. Selection of officers by President;
bond of treasurer.

9219. Sites and buildings.
9220. Funds for Soldiers' Home.
9221. Donations for benefit of Home.
9222. Deposit of funds; interest; prin-
cipal.

9223. Deposit of funds; transfer.
9224. Borrowing money on credit of
Home prohibited.

Sec.

9225. What persons are entitled to ben-
efits of Soldiers' Home.

9226. Who are excluded.
9227. Rights of pensioners and surren-
der of pensions.

9228. Allotment of pensions; to whom
paid.
9229. Discharge.

9230. Inmates subject to Articles of
War.

9231. Uniform for inmates.

9232. Out-door relief to persons entitled
to admission.

9233. Licenses for sale of liquors with-
in one mile of Home not to be
granted.
9234. Limitation of expenditures; pur-
chase of supplies.

9235. Medical supplies.

9236. Annual report of Board of Com-
missioners; transmission to Con-
gress.
9237. Inspection; report.

§ 9213. (R. S. § 4814.) Who may become members of the Sol

diers' 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 forty-eight 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.

Act March 3, 1851, c. 25, § 1, 9 Stat. 595. Act March 3, 1859, c. 83, §§ 5, 7, 11 Stat. 434.

The persons entitled to the benefit of the Soldiers' Home were defined by R. S. § 4821, post, § 9225.

The granting of liquor licenses for places within one mile of the Soldiers' Home was prohibited by Act Feb. 28, 1891, c. 385, post, § 9233.

§ 9214. (R. S. § 4815.) Board of Commissioners of the Soldiers' Home.

The [Commissary-General of Subsistence, the Surgeon-General, and the Adjutant-General] shall constitute a board of commissioners for the Soldiers' Home, any [two] of whom shall be 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.

Act March 3, 1851, c. 25, § 2, 9 Stat. 595. Act March 3, 1859, c. 83, § 4, 11 Stat. 434.

The portions of this section inclosed in brackets, prescribing the composition of the Board of Commissioners and the number who should constitute a quorum, were superseded by the different provisions relating thereto of Act March 3, 1883, c. 130, § 10, and Act March 4, 1909, c. 229, § 1, post, §§ 9215, 9216, and other acts referred to under those sections.

The Inspector General of the Army was required personally to inspect, once in each year, the records, management, etc., of the Home, and report thereon in writing, by Act March 3, 1883, c. 130, § 2, post, § 9237.

§ 9215. (Act March 3, 1883, c. 130, § 10.) Board of Commissioners of the Soldiers' Home.

The Board of Commissioners of the Soldiers' Home shall hereafter consist of [the General in Chief commanding the Army the Surgeon General, the Commissary General, 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. (22 Stat. 565.)

This section was part of an act prescribing regulations for the Soldiers' Home, cited above.

See notes to section 1 of the act, post, § 9236.

The Chief of the Military Secretary's Department, afterwards designated the Adjutant-General, was to be a member of the Board of Commissioners, by a provision of Act April 23, 1904, c. 1485, ante, § 1766.

The portion of this section inclosed in brackets, prescribing the composition of the Board of Commissioners, was superseded by the different provisions re

lating thereto of subsequent acts, particularly those of Act March 4, 1909, c. 229, § 1, post, § 9216.

Duties prescribed by statute for the Commanding General of the Army as a member of the Board of Commissioners of the Soldiers' Home were to be performed by the Chief of Staff or other officer designated by the President, by a provision of Act Feb. 14, 1903, c. 553, § 4, ante, § 1763.

§ 9216. (Act March 4, 1909, c. 299, § 1.) Board of Commissioners; composition; government and control of Home and Military Prison; president of board; annual report.

Hereafter the government and control of the United States Military Prison shall, under the Secretary of War, be vested in the Board of Commissioners of the United States Soldiers' Home, which board shall consist as at present of the Surgeon-General, the Commissary-General, the Adjutant-General, the QuartermasterGeneral, the Chief of Engineers, the Judge-Advocate-General, and the Governor of the Home, and the president of said board, who shall be the senior in rank of the members thereof, shall submit annually to the Secretary of War, for transmission to Congress, a full statement of the financial and other affairs of both the home and the prison for the preceding fiscal year. (35 Stat. 1004.)

This was a proviso annexed to an appropriation for continuing the reconstruction of the military hospital at Fort Leavenworth, in sundry civil appropriation act for the fiscal year 1910, cited above.

The provisions of this act relating to the composition of the Board of Commissioners and the president thereof superseded the previous provisions relating thereto of Act March 3, 1883, c. 130, § 10, ante, § 9215. See notes to that section.

§ 9217. (R. S. § 4816.) 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 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].

Act March 3, 1851, c. 25, § 3, 9 Stat. 595.

This section was modified to the extent that all officers were to be selected by the President, and the treasurer was required to give a bond, by Act March 3, 1883, c. 130. § 7, post, § 9218.

Retired officers of the Army might be assigned to duty at the Soldiers' Home, by R. S. § 1259, ante, § 2074.

§ 9218. (Act March 3, 1883, c. 130, § 7.) Selection of officers by President; bond of treasurer.

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. (22 Stat. 565.)

This section was part of an act prescribing regulations for the Soldiers' Home, cited above.

See notes to section 1 of the act, post, § 9236.

§ 9219. (R. S. § 4817.) Sites and buildings.

The commissioners of the Soldiers' Home, by and with the approval of the President, shall procure for immediate use, at a suitable

place or places, a site or sites for the Soldiers' Home, and if the necessary buildings cannot 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.

Act March 3, 1851, c. .25, 8, 9 Stat. 597.

Sites were purchased and buildings erected pursuant to this section, and provisions for the purchase of new grounds and erection of new buildings were made by Act March 3, 1883, c. 130, § 3, post, § 9234.

§ 9220. (R. S. § 4818.) Funds for Soldiers' Home.

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 re-imbursement 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.

Act March 3, 1851, c. 25, § 7, 9 Stat. 596. Act July 5, 1862, c. 133, § 2, 12 Stat. 508.

A permanent appropriation to the Soldiers' Home of the stoppages, fines, forfeitures, etc., described in this section, was made also by R. S. § 3689, ante, § 6799 (33).

The adjustment of accounts under this section was limited to claims arising subsequent to March 3, 1881, by a provision of Act July 16, 1892, c. 196, 27 Stat. 193.

On the death of a pensioner at the Soldiers' Home, any money due him in the hands of the treasurer escheats to the Home, unless claimed by the heirs within three years, by Act March 3, 1883, c. 130, § 4, post, § 9228.

Provisions for investment of surplus funds of the Home were made by Act March 3, 1883, c. 130, § 8, and Act Jan. 16, 1891, c. 74, post, §§ 9222, 9223. § 9221. (R. S. § 4819, as amended, Act June 12, 1906, c. 3078, and Act May 11, 1908, c. 163.) Donations for benefit of 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.

Act March 3, 1851, c. 25, § 7, 9 Stat. 596. Act March 3, 1859, c. 83, § 7, 11 Stat. 434. Act June 12, 1906, c. 3078, 34 Stat. 242. Act May 11, 1908, c. 163, 35 Stat. 110.

This section, as enacted in the Revised Statutes, contained a provision, preceding that set forth here, as follows:

"There shall be deducted from the pay of every non-commissioned 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, be passed to the credit of the commissioners of the Soldiers' Home."

It also contained a further provision, following that set forth here, as follows:

"But the deduction of twelve and a half cents per month from the pay of non-commissioned 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."

So much of the section as required that 122 cents per month be deducted
COMP.ST.'13-264
(4209)

from the pay of retired enlisted men and passed to the credit of the Commissioners of the Soldiers' Home, was repealed by a provision of Act June 12, 1906, c. 3078, cited above.

And so much of the section as pertained to the deduction of 121⁄2 cents per month from the pay of every soldier of the Regular Army for the benefit of the Soldiers' Home was repealed by a provision of Act May 11, 1908, c. 163, last cited above.

§ 9222. (Act March 3, 1883, c. 130, § 8.) Deposit of funds; interest; principal.

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 manner. 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. (22 Stat. 565.)

This section was part of an act prescribing regulations for the Soldiers' Home, cited above.

See notes to section 1 of the act, post, § 9236.

The provisions of this section relative to the custody of the Soldiers' Home funds were modified by Act June 16, 1891, c. 74, post, § 9223.

§ 9223. (Act Jan. 16, 1891, c. 74.) Deposit of funds; transfer. 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 Soldier's Home in the District of Columbia, all funds which may now be under the control of the said Treasurer of the Soldier's Home, or may hereafter be furnished him or in any manner come into his possession for use in defraying the current 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 "out-door relief" to members of said Soldiers' Home residing at a distance therefrom. (26 Stat. 718.)

This was an act entitled "An act to authorize the Treasurer of the United States to receive and keep on deposit funds of the Soldiers' Home in the District of Columbia."

This act modified the provisions of Act March 3, 1883, c. 130, § 8, ante, § 9222.

§ 9224. (Act March 3, 1883, c. 130, § 9.) Borrowing money on credit of Home prohibited.

No officers of the Home shall borrow any money on the credit

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