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Ineligible for civil office in any Territory.

Mar. 3, 1883, v.

22, p. 567.
Sec. 1860, R. S.

987. No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any Territory, except officers of the Army on the retired list.

Duties upon

which officers of

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989. Accepting or holding civil 993. Effects of deceased officers.

office.

990. Army officers to be detailed

as Indian agents.

991. Supernumerary officers may,
on their own request, be
discharged with pay, etc.

994. Officers charged with effects to account for same.

988. No officer of the Army shall be employed on civil the Army are not works or internal improvements, or be allowed to engage to be employed. Feb. 27, 1877, v. in the service of any incorporated company, or be employed Sec. 1224, R.S. as acting paymaster or disbursing-agent of the Indian

19, p. 243.

Accepting or holding civil office.

Department, if such extra employment requires that he shall be separated from his company, regiment, or corps, or if it shall otherwise interfere with the performance of the military duties proper. Act of February 27, 1877 (19 Stat. L., 243).

989. No officer of the Army on the active list shall hold July 15, 1870, c. any civil office, whether by election or appointment, and 294, s. 18, v. 16, p. every such officer who accepts or exercises the functions Sec. 1222, R.S. of a civil office shall thereby cease to be an officer of the Army, and his commission shall be thereby vacated.

319.

to be detailed as Indian agents. July 13, 1892, v. 27, p. 120.

Army officers 990. That from and after the passage of this act the President shall detail officers of the United States Army to act as Indian agents at all agencies where vacancies from any cause may hereafter occur, who, while acting as such agents, shall be under the orders and direction of the Secretary of the Interior, except at agencies where, in the opinion of the President, the public service would be better promoted by the appointment of a civilian.' Act of July 13, 1892 (27 Stat. L., 120).

Supernumer ary officers may,

quest, be dis

991. That any officer who is supernumerary to the peron their own remanent organization of the Army as provided by law may, charged with at his own request, be honorably discharged from the June 30, 1882, v. Army, and shall thereupon receive one year's pay for each 22, p. 118.

certain pay.

five years of his service, but no officer shall receive more

1 See, for other provisions of law respecting the detail of officers as Indian agents,

the chapters entitled THE INDIANS; INDIAN AGENTS; THE INDIAN COUNTRY.

than three year's pay in all. Act of June 30, 1882 (22 Stat. L., 118).

992. No officer shall use an enlisted man as a servant in any case whatever.

DECEASED OFFICERS.

993. In case of the death of any officer, the major of his regiment, or the officer doing the major's duty, or the second officer in command at any post or garrison, as the case may be, shall immediately secure all his effects then in camp or quarters, and shall make, and transmit to the office of the Department of War, an inventory thereof. One hundred and twenty-fifth Article of War.

1 DECEASED OFFICERS.

The death of an officer, with place, cause, day, and hour, will be reported without delay by his immediate commander direct to the Adjutant-General of the Army. A duplicate of this report will be forwarded to department headquarters. When the death occurs away from the officer's station, in hospital or on leave, the medical officer, if one be present, or any officer having cognizance of the fact, will make the report. (Par. 81, A. R., 1895.)

Inventories of the effects of deceased officers, as required by the One hundred and twenty fifth Article of War, will be transmitted to the Adjutant-General of the Army. If legal representatives take possession of the effects, the fact will be stated in the inventory. (Par. 82, ibid.)

If there be no legal representatives present to receive the effects, a list of them will be sent to the nearest relative of the deceased. At the end of two months, if not called for they will be sold at auction and accounted for as in the case of deceased soldiers except that swords, watches, trinkets, and similar articles will be labeled with the name rank, regiment, and date of death of the owner, and sent through the Adjutant General to the Auditor for the War Department for the benefit of the heirs. (Par 83. ibid.)

Where an officer dies who is responsible for public property or funds, their disposition is provided for by the following provisions of Army Regulations: "On the death of an officer in charge of public property or funds his commanding officer will appoint a board of survey, which will inventory the same, and make the customary returns therefor, stating accurately amounts and condition. These the commanding officer will forward to the chiefs of the bureaus to which the property or funds pertain, and he will designate an officer to take charge of such property or funds until orders in the case are received from the proper authority." (Par. 84, ibid.)

FUNERAL EXPENSES.

The disposition of the remains of deceased officers and the payment of funeral expenses are provided for in the following regulation: "The remains of officers killed in action, or who die when on duty in the field or at military posts, or when traveling under orders, will be decently inclosed in coffins, and unless claimed by relatives or friends, will be transported by the Quartermaster's Department to the nearest military post or national cemetery for burial. The expense of transporting the remains is payable from the appropriation for Army transportation; other expenses of burial are limited to $75. ́ ́If buried at the place of death, the fact will be reported to the Adjutant-General of the Army." (Par. 85. ibid.)

The annual acts of appropriation since that of June 12, 1858 (11 Stat. L. 333), have contained a provision for the expenses of interment "of officers killed in action or who die when on duty in the field or at military posts, or when on the frontiers, or when traveling under orders." (Act of February 12, 1895, 128 Stat. L., 659.)

There is no authority of law for the payment of mileage on account of the transportation of the remains of a deceased officer of the Army. Such payment would be illegal, and could not properly be allowed by the accounting officers. Under section 2, act of July 24, 1894 (19 Stat. L., 100), mileage ceased to accrue at the point where, and the time when, by reason of death, an officer ceases to be an officer of the Army. There is nothing in section 1 of the act of September 19, 1890 (26 Stat. L., 456), which is in conflict with this view, (3 Compt. Dec., 209.)

Held, that the regulation allowance for the expenses of the interment of an officer, as fixed by paragraph 85, Army Regulations, 1895, was not payable in the case of an officer who, at the time of his death, was on sick leave, this being not one of the cases specified in the Army appropriation acts in which such allowance is authorized to be paid. Dig. J. A. G., 578, par. 68. Similarly held in the case of an officer who died at the Hot Springs, Ark., when not on duty but on leave of absence. Ibid. Held, further, that, under the provisions on the subject of the Army appropriation act of February 27, 1893, such expenses could not be allowed for the interment of an officer dying at a military post unless he was on duty there at the time of his death,

Enlisted men

not to be used as servants.

July 15, 1870, c. 294, s. 14, v. 16, p. 319.

Sec. 1232, R. S.

Effects of de ceased officers. 125 Art. War.

Officers charged with effects to ac

127 Art. War.

994. Officers charged with the care of the effects of count for same. deceased officers or soldiers shall account for and deliver the same, or the proceeds thereof, to the legal representatives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding officer all the effects of such deceased officers or soldiers not so accounted for and delivered. One hundred and twenty-seventh Article of War.

and therefore could not be legally allowed in a case of an officer who deceased at a post where he was staying while on sick leave of absence from his station in another military department. Ibid., par. 69, p. 578.

Held, that the fact that an officer had been interred at the post where he died did not preclude the Secretary of War from having authorized his permanent interment elsewhere, provided the entire expenses of burial did not exceed the maximumn amount of $75 allowed for such purposes by paragraph 85, Army Regulations of 1895. (Ibid., par. 69.)

The act of July 8, 1898, authorized the expenditure of $200 000 to enable the Secretary of War, in his discretion, to cause to be transported to their homes the remains of officers and soldiers who die at military camps or who are killed in action or who die in the field at places outside of the limits of the United States."

Paymasters, in making prepayments of salary to officers of the Army, are liable for any portion unearned by the officer on account of death, or otherwise; also for any final indebtedness of said officer to the Government to the extent of said prepayment. (3 Compt. Dec., 10.)

Balances due from the United States to deceased persons are payable at the Treasury, and not by disbursing officers. (Second Compt., sec. 676; Scott Dig., 260.)

CHAPTER XXVII.

BREVETS-MEDALS OF HONOR-CERTIFICATES
OF MERIT FOREIGN DECORATIONS.

Par.

995. Brevet commissions.

996. Dates of brevet commissions.

1 Par.

1003. To be addressed by title of
actual rank.

997. Brevets authorized for gal- 1004. Officers may wear uniform
lantry in Indian cam-
paigns; date.

998. Brevets of highest volunteer

rank.

999. Brevet rank to be strictly

honorary.

1005.

of highest volunteer rank.
Foreign decorations not to
be worn.

1006. Decorations, etc.; how ten-
dered.

1007. Medals of honor.

1000. Assignments to duty, etc.; 1008. Certificates of merit.

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Brevet commissions.

995. The President, by and with the advice and consent of the Senate, may, in time of war, confer commissions by sec. 1209, R. S. brevet upon commissioned officers of the Army, for tinguished conduct and public service in presence of the

dis- 26, 1812. V.

2. p. 785; Apr. 16, 1818, v. 3, p. 427;

Mar. 1, 1869, v. 15,

p. 281.

enemy. 996. Brevet commissions shall bear date from the partic- Date of brevet ular action or service for which the officers were brevetted.

commission.

Mar. 1, 1869, c. 52, s.2, v.15, p.281. Sec. 1210, R. S.

Brevets authorry, Indian cam

ized for gallant

paigns.

Feb. 27, 1890, v. 26, p. 13.

997. That the President of the United States be, and he is hereby, authorized and empowered, at his discretion, to nominate and, by and with the advice and consent of the Senate, to appoint to brevet rank all officers of the United States Army, now on the active or retired list, who by their department commander, and with the concurrence of the commanding general of the Army, have been or may be recommended for gallant service in action against hostile Indians since January first, eighteen hundred and sixtyseven. Sec. 1, act of February 27, 1890 (26 Stat. L., p. 13). Such brevet commissions as may be issued under the To date from provisions of this act shall bear date only from the passage of this act: Provided, however, That the date of the partic- Date of heroic ular heroic act for which the officer is promoted shall appear in his commission. Sec. 2, ibid.

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Brevets to highest volunteer rank.

Feb. 16, 1897, v. 29, p. 530.

Brevet rank to be strictly honorary.

Sec. 3, ibid.

Assignment to duty, etc.; when made.

Mar. 3, 1883, v.

22, p. 457.

Effect of as

signment.

998. All officers of the Regular Army of the United States, active or retired, who served in the volunteer forces during the late war, may, at the discretion of the President, receive a brevet in the Regular Army equal to the highest rank held or the highest brevet received in the said volunteer forces, and be commissioned accordingly as of the date of such brevet: Provided, That they have not already received a brevet of equal or higher grade in the Regular Army. Act of February 16, 1897 (29 Stat. L., 530). 999. That brevet rank shall be considered strictly honorary, and shall confer no privilege of precedence or command not already provided for in the statutes which embody the rules and articles governing the Army of the United States. Sec. 3, ibid.

1000. That officers of the Army shall only be assigned to duty or command according to their brevet rank when actually engaged in hostilities. Act of March 3, 1883 (22 Stat. L., 457).

1001. Officers may be assigned to duty or command acApr. 16, 1818. e. cording to their brevet rank by special assignment of the Mar.3, 1869, c.124, President; and brevet rank shall not entitle an officer to 8. 7, v. 15, p. 318 Sec. 1211, R. S. precedence or command except when so assigned.

64, s. 1, v. 3, p. 427;

Uniform of ac

tual rank to be worn.

1002. No officer shall be entitled, on account of having been brevetted, to wear, while on duty, any uniform other July 15, 1870, c. than that of his actual rank.

294, s. 16, v. 16, p.

319. Sec. 1212, R. S.

in orders by title

To be addressed 1003. No officer shall be addressed in orders or official of actual rank. communications by any title other than that of his actual

Ibid.

rank.

Officers may

wear uniform of

teer rank.

337.

Sec. 1226, R. S.

UNIFORM OF HIGHEST REGULAR OR VOLUNTEER RANK.

1004. All officers who have served during the rebellion as highest volun- Volunteers in the Army of the United States, and have been July 28, 1866, c. honorably mustered out of the volunteer service, shall be 299, s. 34, v. 14, P. entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments.

Officers may wear uniform of

rank.

29, p. 511.

All officers who have served during the rebellion as highest regular Officers of the Regular Army of the United States, and have Feb. 4, 1897, v. been honorably discharged or resigned from the service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Revised Statutes. Aet of February 4, 1897 (29 Stat. L., 511).

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