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each officer and enlisted man baving no wife or child to designate the proper dependent relative to whom this amount shall be paid in case of his death. Said amount shall be paid from funds appropriated for the pay of the Army. Sec. 1, act of Dec. 17, 1919 (41 Stat. 367); 10 U. 8. C. 903.
That nothing in this Act shall be construed as making the provisions of this act applicable to officers or enlisted men of any forces or troops of the Army of the United States other than those of Regular Army, and nothing in this Act shall be construed to apply in commissioned grades to any officers except those holding permanent or provisional appointments in the Regular Army. Sec. 2, act of Dec. 17, 1919 (41 Stat. 367); 10 U. S. C. 903.
None of the funds herein, heretofore, or hereafter appropriated shall be used for payment of the six months' pay (authorized by the act of December 17, 1919, to be paid to certain specified beneficiaries of officers or enlisted men of the Regular Army who died from wounds or disease not the result of their own misconduct) to any married child or unmarried child over twenty. one years of age of a decease officer or enlisted man who is not actually a dependent of such deceased officer or enlisted man. Act of Mar. 2, 1923 (42 Stat, 1385); 10 U. S. C. 903.
That the Act of Congress approved December 17, 1919 (Forty-first Statutes at Large, page 367), entitled “An Act to provide for the payment of six months' pay to the widow, children, or other designated dependent relative of any officer or enlisted man of the Regular Army whose death results from wounds or disease not the result of his own misconduct,” shall apply to nurses of the Regular Army to the same extent and under the same conditions as to officers and enlisted men of the Regular Army. Act of Mar. 8, 1928 (45 Stat. 249); 10 U. S. C. 903a.
Act of May 11, 1908 (35 Stat. 108), as amended by act of Mar. 3, 1909 (35 Stat. 735), provided 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 Army, the Paymaster General of the Army shall cause to be paid to the widow of such officer or enlisted man, or to any other person 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, less seventy-five dollars in the case of an officer and thirty-five dollars in the case of an enlisted man. From the amount thus reserved the Quartermaster's Department shall be reimbursed for expenses of interment, and the residue, if any, of the amount reserved, shall be paid subsequently to the designated person. The Secretary of War shall establish regulations requiring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death, and said amount shall be paid to that person from funds appropriated for the pay of the Army."
The payments herein referred to are now made by the Chief of Finance. See 70, ante.
By 1513, post, the benefits of this section are extended to dependents of retired officers dying while in active duty status, though on leave of absence or sick.
The text of this section as published in the 1929 Edition, based on sec. 201 (1), act of June 7, 1924 (43 Stat. 617), as amended ; 38 U. S. C. 472, was repealed by 1156, post. The subject matter is covered by 861, ante.
Notes of Decisions
What constitutes misconduct. - Where a Death of beneficiary.-Under the act of soldier suffering from syphilis died as a result December 17, 1919, the widow of an officer or of intravenous injections of neoarsphenamine enlisted man of the Regular Army, upon the and bismuth salicylate administered by the death of the husband, bas a vested interest in military authorities for the purpose of rend- the amount equal to six months' of bis pay ering him more fit to perform his military provided for her by such act; and where she duties, his death was not proximately caused dies before its payment, it may be recovered by his own misconduct and did not "result" | by the administrator of her estate. Campfrom such misconduct within the contempla- bell, Admr. v. U. S. (1935), 80 ct. CI. 836. tion of the first paragraph of this section (1934), 38 Op. Atty. Gen. 65.
862a. Effects of persons dying subject to military law.–That the effects in the possession of the General Accounting Office of persons dying while subject to military law, including papers of value, sabers, insignia, decorations, medals, watches, trinkets, manuscripts, and other articles valuable chiefly as keepsakes, including those of deceased inmates of the Soldiers' Home dying in any United States military hospital, where sent from said home for treatment, and similar effects hereafter received by the War Department under the provisions of the Act of June 4, 1920 (41 Stat. L. 809; U. S. C., title 10, sec. 1584), as amended, shall be delivered to the Soldiers' Home; that wills or other papers involving property rights shall be promptly delivered to proper courts of record; that the remaining effects, if the heirs or legal representatives cannot be ascertained, shall be retained by the home intact until three years from the date of the death of the person on whose behalf they were received shall have expired (in the event said period shall not have already elapsed), for the purpose of delivery to the widow or legal representative of the deceased, or to the son, daughter, father (provided the father had not abandoned the support of his family), mother, brother, sister, or the next of kin in the order named, or beneficiary named in the will of the deceased, upon the establishment to the satisfaction of the home of a right thereto. Sec. 1, act of Feb. 21, 1931 (46 Stat. 1203); 10 U. 8. C. 1584a.
(a) That after the expiration of three years from date of death of said deceased, the Soldiers' Home may sell, either at public or private sale, as deemed most advantageous, all or any of such effects to which a right thereto shall not have been established on behalf of said deceased, his heirs, or legal representatives : rovided, That decorations, medals, and citations shall not be sold, but shall be disposed of as in section (b) following.
(b) That such of said effects as at the expiration of five years from date of death of deceased have neither been sold nor a right thereto established on behalf of the deceased shall be finally disposed of by said home in such manner as in the interest of the public it deems most fitting, helpful, and appropriate, either by permanent retention thereof, distribution to the Veterans' Administration, State or other military homes, museums, or other appropriate institutions, or by their destruction, if, in the opinion of the board of commissioners thereof, they no longer possess any value.
(c) That the net proceeds received by the home from the sale of such effects shall be covered into the Treasury to the benefit of the fund "Soldiers' Home permanent fund (trust fund),” and such principal fund as thus augmented shall draw interest at 3 per centum per annum, payable quarterly to the treasurer of the home. Sec. 2, act of Feb. 21, 1931 (46 Stat. 1203); 10 U. 8. C. 15846.
(a) Claims for the net proceeds of effects may be filed with the General Accounting Office at any time prior to the expiration of six years from date of death of such deceased for action as authorized by law in the settlement of the accounts of deceased officers and enlisted men of the Army (Act of June 30, 1906 ; 34 Stat. 750; U. S. C., title 10, sec. 868), and, if not so filed, are barred from being acted on either by the courts or the accounting officers.
(b) All claims for the net proceeds of such effects which are allowed by the General Accounting Office shall be certified to the treasurer of the home for payment by check, in the amount thus found due and accrued interest thereon, from the fund "Soldiers' Home permanent fund (trust fund),” hereby appropriated therefor in such amount as necessary. No claim thus allowed or paid shall exceed the net proceeds and accrued interest derived from the particular estate and covered into the Treasury as aforesaid. Sec. 3, act of Feb. 21, 1931 (46 Stat. 1204); 10 U. 8. O. 1584C.
Provision for disposition of personal property left by decedents upon premises used as Veterans' Administration facilities is made by act of June 25, 1938 (52 Stat. 1189).
For action of military authorities as to the effects of persons dying while subject to military law, see A. W. 112, ante 470.
863. Estates of deceased Army personnel.—Hereafter, in the settlement of the accounts of deceased officers or enlisted men of the Army, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly appointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence: First, to the widow; second, if decedent left no widow, or the widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to the father and mother in equal parts, provided the father has not abandoned the support of his family, in which case to the mother alone; fourth, if either the father or mother be dead then to the one surviving; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes: Provided, That this act shall not be so construed as to prevent payment from the amount due the decedent's estate of funeral expenses, provided a claim therefor is presented by the person or persons who actually paid the same before settlement by the accounting officers. Sec. 1, act of June 30, 1906 (34 Stat. 750); 10 U.S. C. 868.
See also A. W. 112, ante, 470. 864. Transportation of mounts of deceased officers.—That hereafter, under such regulations as the Secretary of War may prescribe, authorized mounts of officers who die in the service may, within ninety days after the death of the officer, be transported at public expense from their last duty station to such places within the limits of the United States as may be the home of their families, or as may be designated by their legal representatives or executors, or such mount may be disposed of as directed by such representatives or executors. Chap XVIII, act of July 9, 1918 (40 Stat. 892); 10 U. 8. O. 810.
By 1420, post, the number of horses owned by any officer of the Army occasioning any public expense is limited to one (J. A. G. 010.3, Oct. 20, 1930, p. 71).
865. Transportation of baggage of deceased civilian employees.—That hereafter, under such regulations as the Secretary of War may prescribe, transportation at public expense may be provided for the baggage of civilian employees who die in the service from their last duty station to such places within the limits of the United States as may be the home of their families, or as may be designated by their legal representatives or executors. Chap. XVIII, act of July 9, 1918 (40 Stat. 892); 10 U.S. C. 822.
Heads of departments :
Secretary of War-Continued. Duties, 866.
Report of expenditures for contingent exSuccession to Presidency, 867.
penses, 895a. Filling of temporary vacancies, 868.
Annual report transmitting reports of Annual reports :
State adjutants general, 896. Time of submission, 869.
Control of Army transportation, 896a. Printing, 870.
The Assistant Secretary of War; duties, 897. To include statement of receipts, 870a. Additional Assistant Secretary of War; apReports on condition of public business, pointinent and compensation, 898. 871.
Assistant and chief clerk; appointment and Statements of receipts from sales of public duties, 899. property, 872.
Civilian Conservation Corps : Use of Library of Congress, 873.
Establishment and purposes, 899a-1. Closing departments in respect for a deceased Director, 893a-2. ex-official, 875.
Projects authorized, 899a-3. Legal advice to War and Navy Departments, Camp exchanges, 899a-4. 877.
Civilian employees, 899a-5. Legal advice to President and heads of de Utilization of reserve officers, 899a-6. partments, 878.
Enrollees : Opinions of Attorney General, 879.
Number authorized, 899a-7.
term Counsel to investigate claims, 880.
899a-8. Official records :
Pay, allotments, and deposits, 899a-9. Access by Bureau of the Budget, 881.
Allowances in kind, burial expense, and Access by Comptroller General, 882. Information furnished Federal Farm
compensation for disability or death,
899a-10. Board, 883a. Information furnished Census Bureau,
Fiscal agent and expenditure of funds,
899a-11. 883b. Information furnished United States Tariir
Utilization of services and facilities of Commission, 883c.
other departments and agencies, 899aInformation furnished National Labor Re
12. lations Board, 883e.
Cooperative agreements with States and Information furnished Congress, 884.
civil divisions, 899a-13. Preservation, 885.
Purchase of supplies and of transportation
and subsistence, 899a-14. Disposition when no longer required, 886.
Disposition of surplus and unserviceable National Archives, 886a.
property, 899a-15. Federal Register, 886b.
Claims for damage to private property and Oficial register, 887.
personal injury, 899a-16. Regulations, 888.
Appropriations authorized ; camp Study of executive agencies, 888a.
changes, 899a-17. Committee on Government organization, Effective date of act, 8990-18. 888b.
Federal Emergency Administration of Public War Department:
Works, 899c. Establishment, 889.
Public Works Administration extension act Secretary of War:
of 1937, 899d. Duties, 890.
Public Works Administration appropriation Temporary performance of duties, 891.
act of 1938, 899e. Custody of property and records, 892. Emergency Relief appropriation act of 1938, Inventory of property, 893.
899k. Annual report of strength of the Army, Central Statistical Committee and board, 894.
899q. Annual report of finances, 895.
War Council, 900.
866. Heads of departments; duties.-Each head of a department, chief of a bureau, or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the preceding section, examine the facts stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report. R. S. 175; 5 U. S. C. 25.
For preceding section, see 629, ante.
Notes of Decisions
Liability for acts in official capacity.- Supervision of activities.-Courts have no Head of executive department oi Federal general supervising power over proceedings Government cannot be held in damages for of administrative departments of Governacts done by him in relation to matters com- ment. Field v. Giegengack (App. D. C., mitted by law to his control or supervision. 1934), 73 F. (2d) 945. Standard Nut Margarine Co. v. Mellon (App. D. C., 1934), 72 F. (20) 557.
867. Heads of departments; succession to Presidency.--That in case of removal, death, resignation, or inability of both the President and Vice President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster General, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice President is removed or a President shall be elected : Provided, That whenever the powers and duties of the office of President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting. Sec. 1, act of Jan. 19, 1886 (24 Stat. 1); 3 U. S. C. 21.
That the preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitution, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. Sec. 2, act of Jan. 19, 1886 (24 Stat. 2); 3 U. S. C. 22.
868. Heads of departments and chiefs of bureaus; filling of temporary vacancies.-In case of the death, resignation, absence, or sickness of the head of any department, the first or sole assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. R. S. 179; 5 U. 8. C. 4.
In case of the death, resignation, absence, or sickness of the chief of any bureau, or of any officer thereof, whose appointment is not vested in the head of the department, the assistant or deputy of such chief or of such officer, or if