holding civil of 1332. No officer of the Army on the active list shall hold Accepting or any civil office, whether by election or appointment, and fice. July 15, 1870, c. every such officer who accepts or exercises the functions 294, s. 18, v. 16, p. of a civil office shall thereby cease to be an officer of the Sec. 1222, R. S. Army, and his commission shall be thereby vacated.1 319. Army officers to be detailed as Indian agents. July 13, 1892, v. 1333. 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 27, p. 120. 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). Supernumerary officers may, on their own recharged with quest, be dis certain pay. 1334. That any officer who is supernumerary to the permanent organization of the Army as provided by law may, at his own request, be honorably discharged from the Army, and shall thereupon receive one year's pay for each June 30, 1882, v. five years of his service, but no officer shall receive more than three years' pay in all. Act of June 30, 1882 (22 Stat. L., 118). 1335. No officer shall use an enlisted man as a servant in any case whatever. July 15, 1870, c. 294, s. 14, v. 16, p. 319. TRAVEL PAY ON DISCHARGE. 22, p. 118. Enlisted men not to be used as servants. Sec. 1232, R.S. officers on dis- 1336. Hereafter when an officer shall be discharged from Travel pay to the service, except by way of punishment for an offense, ch. 2, 1901, v. he shall receive for travel allowances from the place of 31, p. 902. his discharge to the place of his residence at the time of his appointment or to the place of his original muster into the service four cents per mile from the place of his discharge to the place of his enlistment, enrollment, or original muster into the service." Act of March 2, 1901 (31 Stat. L., 902). 1 Where an officer of the Army was tendered a place on a "board of experts" created by a city ordinance to determine the most durable and best pavement for the streets of a city, advised that, in view of the provisions of section 1222 of the Revised Statutes, the place be not accepted by the officer. XVIII Opin. Att. Gen., 11. "See, for other provisions of law respecting the detail of officers as Indian agents, the chapters entitled THE INDIANS; ÎNDIAN AGENTS; THE INDIAN COUNTRY. For other enactments authorizing the employment of officers on the active list on civil or nonmilitary duty, see sections 4653, 4664, and 4671, Revised Statutes, authorizing the detail of officers on light-house duty; the act of July 31, 1882, 22 Stat. L., 181, authorizing the detail of an officer for duty in connection with Indian education; section 5 of the act of August 1, 1890, 26 ibid., 337, authorizing the detail of an officer as a member of the Chickamauga Park Commission; and the several statutes authorizing college details, see paragraphs 1288 to 1295, ante. 3 For statutes and regulations regulating the payment of travel allowances on discharge to officers and enlisted men see the chapter entitled THE PAY DEPARTMENT. The same. Sea travel. Effects of de ceased officers. 1337. Any officer or enlisted man in the service of the United States who was discharged in the Philippine Islands and there reentered the service through commission or enlistment shall, when discharged, except by way of punishment for an offense, receive for travel allowances from the place of his discharge to the place in the United States of his last preceding appointment or enlistment, or to his home if he was appointed or enlisted at a place other than his home, four cents per mile.1 Ibid. 1338. For sea travel on discharge actual expenses only shall be paid to officers and transportation and subsistence only shall be furnished to enlisted men.' Ibid. DECEASED OFFICERS. 1339. In case of the death of any officer, the major of 125 Art. War. 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. hundred and twenty-fifth Article of War. One 'For statutes and regulations regulating the payment of travel allowances on discharge to officers and enlisted men see the chapter entitled THE PAY DEPARTMENT. "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. 93, A. R., 1901. 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. 94, 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. 96, ibid. Where an officer dies who is responsible for public property or funds, their dispotion 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. 97, ibid. FUNERAL EXPENSES. 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. For 1340. Officers charged with the care of the effects of Officers charged deceased officers or soldiers shall account for and deliver count for same. the same, or the proceeds thereof, to the legal represent with effects to ac 127 Art. War. the act of March 3, 1899 (30 Stat. L., 1225), authorizing certain expenditures in connection with the transportation and burial of the remains of officers who die in the field or at military camps, or who are killed in action, or who die in the field at places outside the limits of the United States, see paragraph 1417 post. See, also, the acts of May 26, 1900 (31 Stat. L., 212), and March 3, 1901 (ibid., 1172). 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., A. R., 1895. (Par. 99, A. R., 1901.) The expenses of burial of deceased officers other than transportation of the remains, which under the law is payable from the appropriation for "Army transportation," limited to $75 by paragraph 85 of the Regulations, and of enlisted men, limited to $35 by paragraph 162 of the Regulations, as amended by General Orders, No. 141, September 12, 1898, from this office, will be limited to the cost of the coffin and the reasonable and necessary expense of preparation of the remains for burial, and will not include such items as: For guarding remains, expense of services of clergyman or minister, music by band or choir, flowers, cost or hire of pall to be used with horse, tombstone, crape or gloves for pallbearers, and expense of grave site where the remains are sent home at the request of relatives. Decision Sec. War, April 3, 1900, Circular No. 9, A. G. O., 1900. 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 21, 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 99, Army Regulations, 1901, 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. Opin. J. A. G., par. 1954. 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, and therefore could not be legally allowed in the 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. 1955. So held, under the act of March 3, 1899 (30 Stat. L., 1225), as to an officer who died on furlough. VI, Compt. Dec., 444. 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 99, Army Regulations of 1901. Dig. Opin. J. A. G., par. 1955. 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. A balance due to a deceased military officer upon his pay account becomes on his death part of his personal estate, and may be set off by the accounting officers upon an indebtedness due from him to the Government. Mumford v. U. S., 31 Ct. Ĉls., 210. Money granted to a widow by statute cannot be set off against an indebtedness due from her husband to the Government. Ibid. Reimbursement of expense of burial. May 26, 1900, v. 31, p. 212. atives 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. 1341. In all cases where they would have been lawful claims against the Government reimbursement may be made of expenses heretofore or hereafter incurred by individuals of burial and transportation of remains of officers, including acting assistant surgeons, not to exceed what is now allowed in the cases of officers.' Act of May 26, 1900 (31 Stat. L., 212). The act of March 2, 1901 (31 Stat. L., 905), contains a provision authorizing expenses of interment of "officers killed in action or who die when on duty in the field, or at military posts or on the frontiers, or when traveling under orders, and of noncommissioned officers and soldiers." CHAPTER XXVIII. Par. BREVETS-MEDALS OF HONOR-CERTIFICATES OF 1342. Brevet rank. 1343. The same, when authorized. 1344, 1345. The same, date. 1346. Brevet rank, honorary. 1347. Assignment to duty. 1348. The same, when made. 1349. Uniform. 1350. To be addressed by actual rank. 1351. Uniform of highest volunteer rank. Par. 1352, 1353. The same, regular rank. 1355. The same, restriction as to use. 1356, 1357. Medals of honor. 1358. Certificates of merit. 1360-1363. Corps badges, insignia of so- BREVETS. missions. 2. 1342. The President, by and with the advice and consent, Brevet comof the Senate, may in time of war confer commissions by brevet upon commissioned officers of the Army for distinguished conduct and public service in presence of the enemy.1 * July 6, 1812, V. p. 785: Apr. 16. Mar. 1. 1869, v. 1818, v. 3, p. 427; 15, p. 281. is. Brevets authorized for gal 1343. The President of the United States * 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 sixty-seven. Sec. 1, act of February 27, 1890 (26 Stat. L., p. 13). lantry, Indian Feb. 27, 1890, v. campaigns. 26, p. 13. Date of brevet commission. Mar. 1, 1869, c. 52, s. 2, v. 15, p.281. Sec. 1210, R.S. 1344. Brevet commissions shall bear date from the particular action or service for which the officers were brevetted. 1345. Such brevet commissions as may be issued under To date from the provisions of this act shall bear date only from the act passage of this act: Provided, however, That the date of service. passage of this Date of heroic Sec. 2, ibid. 1 Brevet rank can properly neither be conferred nor take effect except as an incident to full rank of a lower grade. Dig. Opin. J. A. G., par. 608. |