« ÎnapoiContinuați »
of war on passenger-equipment vessels, cars, or vehicles. Sec. 232, act of Mar. 4, 1909 (35 Stat. 1134); act of Mar. 4, 1921 (41 Stat. 1444); 18 U. 8. O. 382.
The section cited prohibits the transportation of high explosives on cars or vessels carrying passengers for hire.
855. Jurisdiction of Federal courts over crimes (Criminal Code, sec. 272).-The crimes and offenses defined in this chapter shall be punished as herein prescribed :
First. When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, or when committed within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, or district thereof.
Second. When committed upon any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, namely: Lake Superior, Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or any of the waters connecting any of said lakes, or upon the River Saint Lawrence where the same constitutes the International boundary line.
Third. When committed within or on any lands reserved or acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.
Fourth. On any island, rock, or key, containing deposits of guano, which may,
Notes of Decisions
High seas and other waters within admi- ! Military posts, forts, or reservation.-Progralty and maritime jurisdiction.—Homicide ecution for murder committed on freight car committed on American vessel tied to wbarfon right-of-way of railroad over Fort Robinin foreign port held not "committed upon the son Military Reservation held within jurishigh seas," as respects court's jurisdiction. diction of Federal court. U. S. v. Unzeuta Mathues v. U. S. ex rel. Maro (C. C. A., (1930), 281 U. S. 138, reversing (D. C., 1929), 1928), 27 F. (20) 518.
35 F. (20) 750. 856. Arson or injury of arsenals, etc. (Criminal Code, sec. 286).-Whoever shall maliciously set fire to, burn, or attempt to burn, or by any means destroy or injure or attempt to destroy or injure, any arsenal, armory, magazine, ropewalk, ship house, warehouse, blockhouse, or barrack, or any storehouse, barn, or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel built, building, or undergoing repair, or any lighthouse or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be fined not more than five thousand dollars and imprisoned not more than twenty years. Sec. 286, act of Mar. 4, 1909 (35 Stat. 1144); 18 U. 8. C. 465.
857. Laws of States adopted for punishing criminal acts (Criminal Code, sec. 289).-Whoever, within the territorial limits of any State, organized Territory, or District, but within or upon any of the places now existing or hereafter reserved or acquired, described in section 272 of the Criminal Code (U. S. C. title 18, sec. 451), shall do or omit the doing of any act or thing which is not made penal by the laws of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof in force on April 1, 1935, and remaining in force at the time of the doing or omitting the doing of such act or thing, would be penal, shall be deemed guilty of a like offense and be subject to a like punishment. Sec. 289, act of Mar. 4, 1909 (35 Stat. 1145); act of June 15, 1933 (48 Stat. 152); pub. res. of June 20, 1935 (49 Stat. 394); 18 U. 8. C. 468.
Burial expense :
Effects of persons dying subject to military Army personnel and civilian employees, 859. law, 862a. Members of National Guard, Organized Re- Estates of deceased Army personnel, 863.
serves, and military training camps, Transportation of mounts of deceased offl860.
cers, 864. Veterans of any war, 861.
Transportation of baggage of deceased civilDeath gratuity, 862.
ian employees, 865. 858. This section, based on act of March 8, 1928 (45 Stat. 248); 10 U. S. C. 917, was expressly repealed by section 6, act of May 17, 1938 (52 Stat. 399).
859. Burial expense; Army personnel and civilian employees.—That there is hereby authorized to be appropriated from time to time such sums as may be necessary for funeral expenses of the persons hereinafter designated, to be expended under such regulations as the Secretary of War may prescribe. Act of Mar. 9, 1928 (45 Stat. 251); sec. 1, act of May 17, 1938 (52 Stat. 398); 10 U. S. C. 916.
Authorized funeral expenses shall include the expenses of, and incident to, the recovery of bodies, cremation (only upon the request of relatives of the deceased), preparation for burial, transportation to the home of the deceased or to a national or other cemetery designated by proper authority, and interment. Act of Mar. 9, 1928 (45 Stat. 251); sec. 2, act of May 17, 1938 (52 Stat. 398); 10 U. 8. C. 916a.
Funeral expenses shall be allowed for (1) all persons in the Regular Army as composed under section 2, Act of June 3, 1916, as amended (39 Stat. 166; U. S. C., title 10, sec. 4), who die while in the active military service; (2) accepted applicants for enlistment; (3) enlisted men who are discharged in hospitals and continue as inmates of said hospitals to the date of their death; (4) civilian employees of the Army or of the War Department who have been ordered by competent authority away from their homes in the United States to foreign countries, Hawaii, the Philippine Islands, Alaska, Puerto Rico, or the Canal Zone, and who die while on duty in such places or while performing authorized travel thereto or therefrom; (5) civilian employees of the Army or of the War Department who die on Army transports or while accompanying troops in the field, or who, while on Army transports or while accompanying troops in the field, incur injury or contract disease resulting directly in death away from their homes: Provided, That the benefits of this Act will be denied in no case on the ground that the deceased was temporarily absent with or without leave when death occurred. Act of Mar. 9, 1928 (45 Stat. 251); sec. 3, act of May 17, 1938 (52 Stat, 399); 10 U. S. C. 9166.
There is further authorized to be appropriated from time to time such sums as may be necessary for the expenses of preparation for burial and interment of military prisoners who die at military posts, of prisoners of war, and of interned alien enemies who die in prison camps in the United States; for the expenses of the removal of remains from abandoned posts to permanent military posts or national cemeteries, including the remains of Federal soldiers, sailors, or marines interred in fields, abandoned graves, or abandoned private or city cemeteries; and for the expenses of segregation of bodies in permanent American cemeteries in Great Britain and France. Act of Mar. 9, 1928 (45 Stat. 251); sec. 4, act of May 17, 1938 (52 Stat. 399); 10 U. 8. C. 916c.
In any case where funeral expenses authorized in section 3 hereof are borne by individuals, reimbursement to such individuals may be made of the amount allowed by the Government for such services, but no reimbursement shall be made of any expenses incurred prior to the enactment of this Act which would not have been a proper charge against the Government prior to the date of approval thereof. Act of Mar. 9, 1928 (45 Stat. 251); sec. 5, act of May 17, 1938 (52 Stat. 399); 10 U. S. 0. 916d.
* Provided, That hereafter the heads of departments shall not authorize any expenditure in connection with transportation of remains of deceased employees, except when otherwise specifically provided by law. Sec. 1, act of June 7, 1897 (30 Stat. 86); 5 U. S. C. 103.
Notes of Decisions Duty status of deceased.--A soldier tem- , the rolls as a deserter, would properly be porarily absent without authority, particu- considered "in active service" or on the "aclarly in the absence of facts to support a tive list" within the meaning of this section. conclusion that he did not intend to return (1935) 38 Op. Atty. Gen., 239. and thus require his name to be dropped from
860. Burial expense; members of National Guard, Organized Reserves, and military training camps.-* * * If the death of any person mentioned herein occurs while he is on active duty, or undergoing training or hospital treatment contemplated by this section, the United States shall, under regulations pre scribed as aforesaid, pay the necessary expenses for recovery of the body, its preparation for burial, including the use of such of the uniform and articles of clothing issued to him as may be required, interment (or cremation if requested by his relatives), and transportation of his remains, including round-trip transportation and subsistence of an escort, to his home or the place where he received orders for the period of training upon which engaged at the time of his death, or to such other place as his relatives may designate provided the distance to such other place be not greater than the distance to his home: Provided, That when the expenses of the recovery, preparation, and disposition of remains herein authorized, or any part thereof, are paid by individuals, such individuals may be reimbursed therefor at an amount not exceeding that allowed by the Government for such services.
Act of June 15, 1936 (49 Stat. 1508); 32 U. 8. C. 1640; 10 U. 8. C. 455d.
The text of this section, as published in the 1929 Edition, was specifically repealed by 1088, post. It is superseded by the above provision,
For personnel covered by this section, see 1088, post. 861. Burial expense; veterans of any war.--
Provided further, That, subject to such regulations as the President may prescribe, allowances may be granted for burial and funeral expenses and transportation of the bodies (including preparation of the bodies) of deceased veterans of any war to the places of burial thereof in a sum not to exceed $107 in any one case. . Sec. 17, Title 1, act of Mar. 20, 1933 (48 Stat. 11); 38 U.S. C. 717.
I. Where an honorably discharged veteran of any war dies after discharge a flag to drape the casket shall be furnished in all cases; such flag to be given to the next of kin after burial of the veteran.
II. Where an honorably discharged veteran of any war or a veteran of any war in receipt of pension or compensation dies after discharge, the Administrator, in his discretion and with due regard to the circumstances in each case,
shall pay, for burial and funeral expenses and transportation of the body (including preparation of the body) to the place of burial, a sum not exceeding $100 to cover such items and to be paid to such person or persons as may be prescribed by the Administrator. Burial allowance, or any part thereof, authorized under this regulation, shall not be payable if the veteran's net assets at the time of death, exclusive of debts and accrued pension, compensation, or insurance due at time of death, equal or exceed the sum of $1,000. The Administrator may, in his discretion, make contracts for burial and funeral services within the limits of the amount herein allowed without regard to the laws prescribing advertisement for proposals for supplies and services for the Veterans' Administration. No deduction shall be made from the sum allowed because of any contribution toward the burial and funeral (including transportation) which shall be made by a State, county, or other political subdivision, lodge, union, fraternal organization, society or beneficial organization, insurance company, workmen's compensation commission, State industrial accident board, or employer, but the aggregate of the sums allowed from all sources shall not exceed the actual cost of the burial and funeral (including transportation).
III. Where death occurs in a Veterans' Administration facility the Veterans' Administration will (a) assume the actual cost (not to exceed $100) of burial and funeral and (b) transport the body to the place of residence or to the nearest National cemetery or such other place as the next of kin may direct where the expense is not greater than the ascertained cost of transportation to place of residence. Where the ascertained cost of transportation to a place directed by the next of kin exceeds the amount allowed in accordance with (0) hereof, such allowable amount shall be available for reimbursement purposes or partial payment in such manner as the Administrator may determine.
IV. Claims for reimbursement must be filed within 1 year subsequent to the date of death of the veteran. In the event the claimant's application is not complete at the time of original submission, the Veterans' Administration will notify the claimant of the evidence necessary to complete the application and if such evidence is not received within 1 year of the date of the request therefor, no allowance may be paid. Veterans' Regulation No. 9 (a), Executive Order No. 6158, June 6, 1933; Veterans' Regulation No. 9 (0), Executive Order No. 6567, Jan. 19, 1934; Veterans' Regulation No. 9 (c), Executive Order No. 6695, May 2, 1934; sec. 402, Title IV, act of June 29, 1936 (49 Stat, 2034).
Notwithstanding the provisions of paragraph II, Veterans' Regulation Numbered 9 (a), as amended (U. S. C., 1934 ed., title 38, ch. 12, appendix), burial and funeral expenses and transportation of the body (including preparation of the body) to the place of burial shall not be denied by reason of the veterans' net assets at the time of death. Sec. 401, Title IV, act of June 29, 1936 (49 Stat. 2034); 38 U. 8. C. 34.
The text of this section as published in the 1929 Edition, based on section 201 (1), act of June 7, 1924 (43 Stat. 617), as amended; 38 U. S. C. 472, was repealed by section 17, Title I, act of March 20, 1933 (48 Stat. 11) ; 38 U. S. C. 717, post, 1156.
862. Death gratuity.-That hereafter, immediately upon official notification of the death from wounds or disease, not the result of his own misconduct, of any officer or enlisted man on the active list of the Regular Army or on the retired list when on active duty, the Quartermaster General of the Army shall cause to be paid to the widow, and if there be no widow to the child or children, and if there be no widow or child to any other dependent relative of such officer or enlisted man previously designated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death. The Secretary of War shall establish regulations requiring