at a suitable place or places, a site or sites for the Soldiers' Home, and if the necessary buildings can not 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. Sec. 4817, R. S.

1504. Same. - The board of commissioners of the Soldiers' Home shall every year report in writing to the Secretary of War, giving a full statement of all receipts and disbursements of money, of the manner in which the funds are invested of any changes in the investments and the reasons therefor, of all admissions and discharges, and generally of all facts that may be necessary to a full understanding of the condition and management of the Home. The Secretary of War shall have power to call for and require any omitted facts which in his judgment should be stated to be added. This annual report shall be, by the Secretary of War, together with the

3, 1851 (9 Stat. 595). a For the support of the institution thus established the following funds were set apart: (a) Any unexpended balance of the appropriation made by the act of March 2, 1847 (9 Stat. 149), for the benefit of soldiers disabled by wounds; (b) the sum of $118,791.19, levied by the commanding general of the Army of the United States in Mexico, during the war with that republic, for the benefit of the soldiers of the United States Army, regulars and volunteers, who were engaged in that war, but taken possession of as funds of the United States and placed in the Treasury; (c) all stoppages and fines adjudged against soldiers by sentence of court-martial, over and above any amount that may be due for the reimbursement of Government or of individuals; (d) all forfeitures on account of desertion; (e) all moneys, not exceeding two-thirds of the balance on hand of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses of the year; and (f) all moneys belonging to the estates of deceased soldiers, which now are or may hereafter be unclaimed for the period of three years subsequent to the death of said soldier or soldiers, to be repaid by the com-. missioners of the institution, upon the demand of the heirs or legal representatives of the deceased; b there shall also be "deducted from the pay of every noncommissioned officer, musician, artificer, and private of the Army of the United States the sum of 25 cents c per month, which sum so deducted shall, by the Pay Department of the Army, be passed to the credit of the commissioners of the asylum, who are hereby authorized to receive all donations of money or property made by any person or persons for the benefit of the institution, and hold the same for its sole and exclusive use." (Sec. 7, act of March 3, 1851, 9 Stat. 596.)

In passing upon recommendations made by the board of commissioners of the Soldiers' Home, under section 4815 of the Revised Statutes, the Secretary of War is invested with a discretionary power to approve or disapprove the same. (XVII Opin. Att. Gen., 449.)

a The act of Congress establishing the Military Asylum does not constitute the commissioners a corporation with capacity to sue and be sued. (V Opin. Att. Gen., 398; see note 1 to paragraph 1512, post.)

This clause was repealed by section 2 of the act of July 5, 1862 (12 Stat. 508).

c The deduction from the monthly pay of enlisted men, fixed at 25 cents per month by section 7, act of March 3, 1851 (9 Stat. 596), was reduced to 121 cents by section 7, act of March 3, 1859 (11 Stat. 424), and was abolished by the act of May 11, 1908 (35 Stat. 110).

report of the inspecting officer hereinafter provided for, transmitted to Congress at the first session thereafter, and he shall also cause the same to be published in orders to the Army, a copy thereof to be deposited in each garrison and post library. Sec. 1, Act of Mar. 3, 1883 (22 Stat. 564).

1505. 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 the 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." Sec. 4816, R. S.

1506. Same-Selection-Treasurer required to give bond. 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. Sec. 7, Act of Mar. 3, 1883 (22 Stat. 565).

1507. Funds for the support of the Home, how obtained.-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 reimbursement 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. Sec. 4818, R. S.

1508. Same. There shall be deducted from the pay of every noncommissioned 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

Section 2 of the Act of March 3, 1883, provides for an annual inspection of the Home by the Inspector General of the Army. (See par. 464, ante, under the chapter entitled, The Inspector General's Department.)

*The commissioners of the Soldiers' Home may permit the governor, deputy governor, and treasurer of the Home, who are retired officers of the Army and who reside at the Home, to make use of ordinary supplies of fuel, light, forage, etc., produced at the Home or purchased for it, and they may pay the treasurer, out of the funds of the Home, a salary for his services. (XX Opin. Att. Gen., 350.)

3

See Dig. Opin. J. A. G., pp. 1010 and 1011, edition, 1912.

The board of commissioners of the Soldiers' Home can not delegate to the governor of the Home discretionary police authority for the preservation of good order within its limits. (XX Opin. Att. Gen., 514.) They can not empower him to arrest, detain, or deliver over to the court authorities nonmilitary persons committing crimes less than capital, except in the cases where any person may make an arrest without warrant or precept. (Id.)

1470. Augmenting the force of a vessel.-Whoever, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be fined not more than one thousand dollars and imprisoned not more than one year.1 Sec. 12, id.

(This paragraph is founded on section 5285 of the Revised Statutes, which is repealed.)

1471. Military expedition or enterprise. - Whoever, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall be fined not more than three thousand dollars and imprisoned not more than three years. Sec. 13, id.

(This paragraph is founded on section 5286 of the Revised Statutes, which is repealed.)

1472. Use of the military force. - The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other

The repair of Mexican war steamers in the port of New York, together with the augmenting their force by adding to the number of their guns, or by changing those originally on board for those of larger caliber, or by the addition of any equipment solely applicable to war, is a violation of this section. But the repair of their bottoms or copper, etc., does not constitute any increase or augmentation of force within the meaning of the act, and the steamers are not liable to seizure by any judicial process under it. (IV Opin. Att. Gen., 336.)

The taking on of a crew of American citizens, or of aliens domiciled in the United States would constitute a violation of this section. (The Alerta, 9 Cranch, 359.)

* When a party of insurgents, already organized and carrying on war against the government of a foreign country, send a vessel to procure arms and ammunition in the United States, the act of purchasing such arms and ammunition and placing them aboard the vessel is not within the scope of this section, which prescribes a penalty for every person who, within the limits of the United States, begins or sets on foot, or prepares or provides the means for any military expedition or enterprise "to be carried on from thence." Such expeditions and enterprises must originate within the jurisdiction of the United States, and the

armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.1 Sec. 14, id.

(This paragraph is the same as section 5287 of the Revised Statutes, as amended by the act of February 18, 1875 (18 Stat. 320), which is repealed.)

1473. Same. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States. Sec. 15, id., 1091.

(This paragraph is founded on section 5288 of the Revised Statutes, which is repealed.)

terms of the statute do not apply to an expedition originating within the territory of a foreign state. (U. S. r. Trumbull, 48 Fed. Rep., 99. For liability of the officers of the ship, see U. S. v. Rand, 17 id., 142. See, also, Wiborg v. U. S., 163 U. S., 632; U. S. v. Ybanez, 53 Fed. Rep., 536; U. S. v. Pena, 69 id., 983; U. S. v. Hughes, 70 id., 972; U. S. v. Hart, 74 id., 724; U. S. v. Nuñez, 82 id., 599; U. S. v. Murphy, 84 id., 609. Dig. J. A. G., p. 105, 1a.)

The transportation of goods for commercial purposes only, and the carriage of persons separately, though their individual design may be to enlist in a foreign strife, are not prohibited by our law, if the transportation is without any features of a military character. Indications of a military operation or of a military expedition are concert and unity of action, organization of men to act together, the presence of weapons, and some form of command or leadership. When these exist and are known to the persons engaged in the transportation, all who knowingly aid in such transportation for military purposes are liable under section 5286 of the Revised Statutes. U. S. v. Nuñez et al., 82 Fed. Rep., 599.)

1

Ex parte Orozco, 210 Fed. Rep., 106; United States v. Chavez, 199 Fed. Rep., 518: 228 U. S., 525.

1474. Citizens of a foreign State. -The provisions of this chapter shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. Nor shall they be construed to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States. Sec. 18, id.

(This paragraph is founded on section 5291 of the Revised Statutes, which is repealed.)

1475. President empowered to issue proclamation. That the joint resolution to prohibit the export of coal or other material used in war from any seaport of the United States, approved April twentysecond, eighteen hundred and ninety-eight, be, and hereby is, amended to read as follows:

That whenever the President shall find that in any American country conditions of domestic violence exist which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export except under such limitations and exceptions as the President shall prescribe any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or of Congress.

SEC. 2. That any shipment of material hereby declared unlawful after such a proclamation shall be punishable by fine not exceeding ten thousand dollars, or imprisonment not exceeding two years, or both. Joint Resolution No. 10 of March 14, 1912 (37 Stat. 630).1

Under this authority the President issued the following proclamation: Whereas, a joint resolution of Congress, approved March 14, 1912, reads and provides as follows: "That whenever the President shall find that in any American country conditions of domestic violence which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export except under such limitations and exceptions as the President shall prescribe any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or by Congress."

And whereas, it is provided by section 2 of the said joint resolution, "That any shipment of material hereby declared unlawful after such a proclamation shall be punishable by fine not exceeding $10,000, or imprisonment not exceeding two years or both":

Now, therefore, I, William Howard Taft, President of the United States of America, acting under and by virtue of the authority conferred in me by the said joint resolution of Congress, do hereby declare and proclaim that I have