Page images
PDF
EPUB
[blocks in formation]

Homes.

Par.

1762. Admissions.

1763-1765. State and Territorial
homes.

1766, 1767. Pensions to inmates.
1768. Outdoor relief.

1769-1774. Miscellaneous provi

sions.

1761. Establishment of Branch 1774a. Recession of jurisdiction.

BOARD OF MANAGERS.

of the National

Soldiers.

Mar. 21, 1866, c.

s. 1, v. 17. p. 417;

Mar.3, 1875, c.129,

v. 18, p. 359: Feb.

1737. The President, Secretary of War, Chief Justice, Organization and such other persons as have been or from time to time Home for Dismay be associated with them, shall constitute a board of abled Volunteer managers of an establishment for the care and relief of the 21, s. 1. v. 14, p.10; disabled volunteers of the United States Army, to be known Jan. 23, 187.5.c. 51, by the name and style of "The National Home for Disabled Volunteer Soldiers," and have perpetual succession, with powers to take, hold, and convey real and personal property, establish a common seal, and to sue and be sued in courts of law and equity; and to make by-laws, rules, and regulations, not inconsistent with law, for carrying on the business and government of the Home, and to affix penalties thereto.

1738. Eleven managers of the National Home for Disabled Volunteers shall be elected from time to time, as vacancies occur, by joint resolution of Congress. They shall all be citizens of the United States, and all residents of States which furnished organized bodies of soldiers to aid in suppressing the rebellion commenced in eighteen hundred and sixty-one; and no two of them shall be residents of the same State, and no person who gave aid or countenance to the rebellion shall ever be eligible. The

26. 1875, J. R. No. Sec. 4825, R.S.

5, v. 18, p. 524.

Election of cit izen managers. Mar. 21, 1866, c. 21, s. 3, v. 14. p.10;

Mar 12, 1867, c. 1, 23, 1873. c. 51. 8. i,

v. 15, p. 1: Jan.

Sec. 4826, R.S.

v. 17, p. 417.

Election of offi cers of the board of managers.

Mar 21, 1866, c.

21 s 2.v 14 p. 10

Jan. 23 1873, c. 51,

8. 1. v. 17 p. 417

Sec. 4827, R. S.

Expenses of Board of Mana

gers.

term of office of these managers shall be for six years, and until a successor is elected.'

1739. The twelve [fourteen managers of the National Home for Disabled Volunteer Soldiers shall elect from their own number a president, who shall be the chief executive officer of the board, two vice-presidents, and a secretary. Seven of the board, of whom the president or one of the vice-presidents shall be one, shall form a quorum for the transaction of business at any meeting of the board.' 1740. That hereafter no member of the Board of Managers of the National Home for Disabled Volunteer Soldiers shall receive any compensation or pay for any services or duties connected with the Home; but the traveling and other actual expenses of a member, incurred while upon the business of the Home, may be reimbursable to such may receive sal member: Provided, That the president and secretary of the Board of Managers may receive a reasonable compensation for their services as such officers, not exceeding four thousand dollars and two thousand dollars, respectively, per annum. Act of August 18, 1894 (28 Stat. L., 412).

Aug 18, 1894, v. 28. p. 412.

Sec. 4828, R. S.

Officers

aries.

who

Duties of Board

of Managers.

21, s. 8, v. 14, p.11;

s. 1, v. 17, p. 417.

show salaries, etc.

Aug 5, 1892, v. 27, p. 384.

1741. The board of managers shall make an annual reMar 21, 1866, c. port of the condition of the National Home for Disabled Jan. 23,1873, e.51, Volunteer Soldiers to Congress on the first Monday of Sec. 4834, R. S. every January; and the board shall examine and audit the accounts of the treasurer and visit the home quarterly. Estimates to 1742. That hereafter the statement of expenses of the Board of Managers of the National Home for Disabled Volunteer Soldiers shall each year be submitted in the annual book of estimates and shall be made to show the amount of salary or compensation paid to each of the officers and employees of said Board, and there shall also be submitted therewith a statement showing the number of officers appointed at each of the Branch Homes under Section four thousand eight hundred and twenty-nine of the Revised Statutes, the amount of salary or compensation paid to each, and the amount of allowance to each, if any, for contingent or other expenses.2 Act of August 5, 1892 (27 Stat. L., 384).

National Home for Disabled Volunteers.

ESTIMATES AND APPROPRIATIONS.

1743. That so much of the act entitled "An act to incor porate a National Military and Naval Asylum for the relief of totally disabled officers and men of the volunteer forces 1865, c. 91, s. 5. of the United States," approved March third, eighteen hunpealed in part. dred and sixty-five, and of all acts amendatory thereof, as Mar. 3, 1875, v. provides "that for the establishment and support of said

v. 13, p. 510, re

18, p. 359.

The number of managers to be elected by joint resolution of Congress was fixed at ten by section 3 of the act of March 3, 1887, and at eleven by joint resolution No. 21 of March 3, 1891 (24 Stat. L., 444; 26 Stat. L., 1117).

See, also, paragraph 1752, post.

asylum there shall be appropriated all stoppages or fines adjudged against officers and soldiers by sentence of courtmartial or military commission, over and above the amounts necessary for the re-imbursement of the Government or of individuals; all forfeitures on account of desertion from the service; and all moneys due deceased officers and soldiers which now are or may be unclaimed for three years after the death of such officers and soldiers," be, and the same is hereby, repealed, to take effect on and after the first day of April, eighteen hundred and seventy-five. And from and after April first, eighteen hundred and seventyfive, no clerk shall be employed or paid in any Department Certain clerks not to be of the Government for services rendered under any provi- ployed, etc., after Apr. 1, 1875. sion of said act of March third, eighteen hundred and sixty-five, or the acts amendatory thereof. And from and after the first day of April, eighteen hundred and seventyfive, no money shall be appropriated or drawn for the support and maintenance of what is now designated by law as the "National Home for Disabled Volunteer Soldiers," except by direct and specific annual appropriations by law.1 Act of March 3, 1875 (18 Stat. L., 359).

Estimates.

em.

of

Money; how

drawn.

Mar. 3, 1875, v. 18, p. 359.

1744. And it shall be the duty of the managers of said Support Home. home, on or before the first day of August in each year, to furnish, to the Secretary of War, estimates, in detail, for the support of said home for the fiscal year commencing on the first day of July thereafter; and the Secretary of War shall annually include such estimates in his estimates for his Department. And no moneys shall, after the first day of April, eighteen hundred and seventy-five, be drawn from the Treasury for the use of said home, except in pursuance of quarterly estimates, and upon quarterly requisitions by the managers thereof upon the Secretary of War, based upon such quarterly estimates, for the support of said home for not more than three months next succeeding such requisition. And no money shall be drawn or paid upon any such requisition while any balance heretofore drawn or received by said home, or for its use, from the Treasury, under the laws now or heretofore existing, and now held under investment or otherwise, shall remain unexpended. And the managers of said home shall, at the commence

This statute repealed and replaced section 4831, which provided that "for the establishment and support of the National Home for Disabled Volunteer Soldiers there shall be appropriated all stoppages or fines adjudged against such officers and soldiers by sentence of court-martial or military commission, over and above the amounts necessary for the reimbursement of the Government or of individuals; all forfeitures on account of desertion from such service; and all moneys due such deceased officers and soldiers which now are or may be unclaimed for three years after the death of such officers and soldiers, to be repaid upon the demand of the heirs or legal representatives of such deceased officers or soldiers. The Board of Managers are also authorized to receive all donations of money or property made by any person or persons for the benefit of the home, and to hold or dispose of the same for its sole and exclusive use."

ment of each quarter of the year, render to the Secretary of War an account of all their receipts and expenditures for the quarter immediately preceding, with the vouchers for such expenditures; and all such accounts and vouchers Receipts and shall be authenticated by the officers of said home thereexpenditures to be audited, etc. unto duly appointed by said managers, and audited, and allowed, as required by law for the general appropriations and expenditures of the War Department. Act of March 3, 1875 (18 Stat. L., 359).

Incidental ex

penses.

1745. And hereafter the estimates for the support of the Aug. 4, 1886, Home for Disabled Volunteer Soldiers shall be submitted v. 24, p. 251. by items. Act of August 1, 1886 (21 Stat. L., 251).

Expenditures. Mar. 3, 1887, v. 24, p. 539.

Report of accounts.

Mar. 3, 1891, v. 26, p. 984.

EXPENDITURES AND ACCOUNTS.

1746. But all of the expenditures of the said Home, including the expenses of the Board of Managers, shall be made subject to the general laws governing the disbursement of public moneys, so far as the same can be made applicable thereto, and shall be audited by the proper accounting offi cers of the Treasury, under such rules and regulations as may be prescribed by the Secretary of the Treasury.2 Act of March 3, 1887 (24 Stat. L., 539).

1747. That the accounts relating to the expenditure of said sums, as also all receipts by said Home from whatever source, shall, in addition to the supervision now provided for, be reported to and supervised by the Secretary of War.3 Act of March 3, 1891 (26 Stat. L., 981).

1 See also the act of March 3, 1879 (20 Stat. L., 390).

2 The act of June 20, 1878 (20 Stat. L., 223), contained the requirement "that all purchases of supplies exceeding the sum of one thousand dollars at any one time shall be made upon public tender after due advertisement.”

Section 2 of the act of July 9, 1886 (24 Stat. L., 129), contained a provision that "it shall be the duty of the Secretary of the Treasury to require from the president and cashier of all banks used as depositories by the treasurer of the Home a deposit of bonds sufficient in amount to fully secure all moneys pertaining to said Home left on deposit with any such bank."

3 The act of March 3, 1891, chapter 542, provides that "the accounts relating to the expenditure of such sums" (appropriated for the support of the Volunteer Home), "as also all receipts by said Home from whatever source, shall, in addition to the supervision now provided for, be reported to and supervised by the Secretary of War." Held (December, 1891) that this provision called for an examination of the accounts by the Secretary with a view to the correction of errors or unauthorized uses of the funds, and a formal approval in case none such were discovered; also that by the term "receipts" were included receipts not only from outside but from interior sources → as from the sale of flowers and provisions--so long as such continued to accrue. (Dig. J. A. Gen., 743, par. 1.)

By the more recent act of March 3, 1893, (a) it is provided that "the Secretary of War shall hereafter exercise the same supervision over all receipts and disbursements on account of the Volunteer Soldiers' Homes as he is required by law to apply to the accounts of disbursing officers of the Army." Held (April, 1893) that the supervision here indicated should be analogous to that prescribed by the act of April 20, 1874, chapter 117, entitled "An act to provide for the inspection of the disbursements of appropriations made by officers of the Army," and should be regulated by the provisions of Titles LVIII and LXXII of the Army Regulations so far as applicable. (Ibid, 744, par. 2.)

Held later (December, 1893) that certain projected legislation proposing to vest in the Secretary of War a general supervision--that is to say, superintendence, direction, and control of all the affairs of the National Volunteer Homes--would be in direct conflict with the existing provision of section 4825. Revised Statutes, fixing and defining the corporate powers of "The National Home for Disabled Volunteer Soldiers" and that if such legislation be adopted it should properly provide for a repeal of so much of this section as gives the corporation control of its affairs. It may, indeed, well be questioned whether the recent provision of March 3, 1893, chap

a Par. 584, ante.

1748. That all purchases of supplies exceeding the sum of one thousand dollars at any one time shall be made upon public tender after due advertisement, and that the expenditure for new buildings shall be expressly authorized in writing. Act of March 3, 1879 (20 Stat. L., 390). That hereafter, upon proper application therefor, the Medical Department of the Army is authorized to sell medical and hospital supplies, at its contract prices, to the National Home for Disabled Volunteer Soldiers. Act of June 11, 1896 (29 Stat. L., 445).

1749. That all sums received from sales of subsistence stores or other property of the National Home for Disabled Volunteer Soldiers shall be taken up by the disbursing officer under the proper current appropriation and be available for disbursement on account of that appropriation. Act of August 18, 1894 (28 Stat. L., 112).

[blocks in formation]

Accounts.

Aug. 18, 1894, v.

ments.

humous fund.

1750. That all amounts disbursed from the appropriation of a Branch Home shall be disbursed and accounted for 28. p. 411. monthly to the general treasurer by the treasurer of that Branch, except such expenditures for services, stationery, tableware, clothing and bedding as may be required by the Board of Managers to be legally made by the general treasurer, and all such stationery, tableware, clothing and bedding as may be required for each Branch Home shall be shipped directly from the place of purchase or manufacture to such Branch Home; and all disbursements shall be made Disburse. in conformity with Sections thirty-six hundred and seventyeight and thirty-six hundred and seventy-nine, Revised Statutes: Provided further, That the balance of the post- Use of posthumous fund, including the amount invested in bonds pertaining to that fund, that may be in the hands of the treasurer of any Branch of the Home on July first, eighteen hundred and ninety-four, shall be transferred to the appropriation for "current expenses, eighteen hundred and ninety-five," of that Branch Home, and thereafter all re- Receipts from ceipts on account of the effects of deceased members shall bers to be credbe credited to the appropriation for "current expenses" of the fiscal year during which such amounts were received, and all repayments of such amounts shall be made from and charged to the like appropriation for the fiscal year in which such repayments shall be made. Act of August 18, 1894 (28 Stat. L., 411).

ter 210, giving the Secretary of War "supervision over all receipts and disbursements on account of the Volunteer Soldiers' Homes," does not vest him with an authority greater than is consistent with the said corporate powers. (Ibid., par. 3.)

Under this provision the expenses of inspecting goods purchased for the Home are properly chargeable as an incident of the cost of such goods, and payable out of the appropriation for their purchase, in the absence of a specific appropriation for inspection. (2 Compt. Dec., 522.)

deceased mem

ited to current expenses.

« PreviousContinue »