the limited retired list established by this act. Act of February 16, 1891 (26 Stat. L., 763). longevity and re Sec. 7, June 17, 983. That on and after the passage of this act, all officers, Service for of the Army of the United States who have served as offi- tirement. cers in the volunteer forces during the war of the rebel. 1878, v. 20, p. 150. lion, or as enlisted men in the armies of the United States, regular or volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in computing their service for longevity pay and retirement. And the retired list shall hereafter be limited to four hundred in lieu of the number now fixed by law. Sec. 7, act of June 17, 1878 (20 Stat. L., 150). PAY OF RETIRED OFFICERS. 984. Officers retired from active service shall receive seventy-five per centum of the pay of the rank upon which they were retired.' MISCELLANEOUS PROVISIONS. 985. Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof.2 Retired list. duty at Soldiers' Home. Jan. 21, 1870, c. s. 2, v. 16. p. 62; Apr. 6, 1870, Res. 986. Retired officers of the Army may be assigned to Assignment to duty at the Soldiers' Home, upon a selection by the commissioners of that institution, approved by the Secretary 9, of War; and a retired officer shall not be assignable to any 32, v. 16, p. 372; other duty: Provided, That they receive from the Govern. ment only the pay and emoluments allowed by law to retired officers.3 The pay of retired officers is a matter within the control of Congress, and so is their rank. Wood v. U. S., 15 C. Cls R., 151, and 107 U. S., 414. A retired officer is subject to trial by court-martial, and a court-martial has jurisdiction of offenses committed after the officer was retired. Runkle v. U. S., 19 Č. Cls. R 396; Dig. J. A. G., 666, par. 11. 3A retired Army officer is not prohibited by law from holding office in an Executive Department, nor from receiving the salary thereof in addition to his retired pay. Collins v. U.S., 15 C. Cls. R., 22, Meigs v. U. S., 19 C. Ct., 497. A retired officer may be employed by the War Department. Yates v. U. S., 25 C. Cls. R., 296. Retired offfcers, as such, do not hold public office. They are in fact pensioners. The position and pay given them constitute a form of pension. They exercise no functions and receive no emoluments of office, but are pensioned for past faithful services or disabilities contracted in the line of duty. Their condition and public office have no characteristics in common. Dig. J. A. G., 668, par. 19. See in this connection the act of July 31, 1894 (28 Stat. L., 205), which permits retired officers to hold office to which they have been elected by the people or appointed by the President with the advice and consent of the Senate. See also section 7 of the act of June 3, 1896 (29 Stat. L., 235), which contains the requirement "that section 2 of the act of July 31, 1894 (28 Stat. L., 205), shall not be so construed so to prevent the employment of any retired officer of the Army or Navy to do work under the direction of the Chief of Engineers of the United States Army in connection with the improvement of rivers and harbors of the United States, or the payment by the proper officer of the Treasury of any amounts agreed upon as compensation for such employment." This provision operates to exempt from the terms of the act of July 31, 1894 (sec. 1763, Rev. Stat.), all retired officers of the Army or Navy who may be employed by the Engi neer Department upon works of river and harbor improvement. Feb. 27, 1877, c. 69. v. 19, p 243. Sec. 1259, R. S. 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. MISCELLANEOUS PROVISIONS RESPECTING COMMISSIONED OFFICERS. Duties upon which officers of 19, p. 243. Par. 988. Duties on which officers are Par. 992. Enlisted men not to be used as servants. 989. Accepting or holding civil 993. Effects of deceased officers. office. 990. Army officers to be detailed 991. Supernumerary officers may, 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 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). Accepting or holding civil of fice. July 15, 1870, c. 989. No officer of the Army on the active list shall hold 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. Army officers to be detailed as Indian agents. July 13, 1892, v. 27, p. 120. Supernumerary officers may, quest, be dis 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). 991. That any officer who is supernumerary to the peron their own re- manent 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.1 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.) Under 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. 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. 1282, R. S. Effects of de ceased officers. 125 Art. War. Officers charged with effects to ac 994. Officers charged with the care of the effects of count for same. deceased officers or soldiers shall account for and deliver 127 Art. War. 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. 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 maximum amount of $75 allowed for such purposes by paragraph 85, Army Regulations of 1895. (Ibid., par. 69.) 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 Treas ury, and not by disbursing officers. (Second Compt., sec. 676; Scott Dig., 260.) CHAPTER XXVII. BREVETS-MEDALS OF HONOR-CERTIFICATES Par. 995. Brevet commissions. 996. Dates of brevet commissions. Par. 1003. To be addressed by title of 997. Brevets authorized for gal- 1004. Officers may wear uniform 998. To date from passage of this act. 999. Brevet rank to be strictly honorary. 1005. of highest volunteer rank. 1006. Decorations, etc.; how ten- 1007. Medals of honor. 1000. Assignments to duty, etc.; 1008. Certificate of merit. when made. 1001. Effect of assignment. be worn. 1009. Army corps badges. 1010. Military society badges. 1002. Uniform of actual rank to 1011. Badge of Regular Army and Navy Union. BREVETS. Brevet com. Sec. 1209, B. S. missions. July 6, 1812, v. 995. The President, by and with the advice and consent of the Senate, may, in time of war, confer commissions by brevet upon commissioned officers of the Army, for dis- 2, p. 785; Apr. 16, tinguished conduct and public service in presence of the Mar. 1, 1869, v. enemy. 996. Brevet commissions shall bear date from the particular action or service for which the officers were brevetted. 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). |