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each officer and enlisted man having 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. S. 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 twentyone years of age of a deceased 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 soldier suffering from syphilis died as a result of intravenous injections of neoarsphenamine and bismuth salicylate administered by the military authorities for the purpose of rendering him more fit to perform his military duties, his death was not proximately caused by his own misconduct and did not "result" from such misconduct within the contemplation of the first paragraph of this section (1934), 38 Op. Atty. Gen. 65.

Death of beneficiary.-Under the act of December 17, 1919, the widow of an officer or enlisted man of the Regular Army, upon the death of the husband, has a vested interest in the amount equal to six months' of his pay provided for her by such act; and where she dies before its payment, it may be recovered by the administrator of her estate. Campbell, Admr. v. U. S. (1935), 80 Ct. Cl. 836.

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. S. 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: Provided, 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. S. C. 1584b.

(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. S. C. 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. S. C. 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.

CHAPTER 17

Heads of departments:

Duties, 866.

EXECUTIVE DEPARTMENTS

Succession to Presidency, 867.
Filling of temporary vacancies, 868.
Annual reports:

Time of submission, 869.
Printing, 870.

To include statement of receipts, 870a. Reports on condition of public business, 871.

Statements of receipts from sales of public
property, 872.

Use of Library of Congress, 873.
Closing departments in respect for a deceased

ex-official, 875.

Legal advice to War and Navy Departments, 877.

Legal advice to President and heads of de

partments, 878.

Opinions of Attorney General, 879.
Counsel to investigate claims, 880.

Official records :

Access by Bureau of the Budget, 881.
Access by Comptroller General, 882.
Information furnished Federal

Board, 883a.

Farm

Information furnished Census Bureau,
883b.

Information furnished United States Tariff
Commission, 883c.

Information furnished National Labor Re-
lations Board, 883e.

Information furnished Congress, 884.
Preservation, 885.

Disposition when no longer required, 886.
National Archives, 886a.

Federal Register, 886b.

Official register, 887.

Regulations, 888.

Study of executive agencies, 888a.

Committee on Government

888b.

War Department:

Establishment, 889.

Secretary of War:

Duties, 890.

organization,

Temporary performance of duties, 891.
Custody of property and records, 892.
Inventory of property, 893.

Secretary of War-Continued.

Report of expenditures for contingent ex-
penses, 895a.

Annual report transmitting reports of
State adjutants general, 896.
Control of Army transportation, 896a.
The Assistant Secretary of War; duties, 897.
Additional Assistant Secretary of War; ap-
pointment and compensation, 898.
Assistant and chief clerk; appointment and
duties, 899.

Civilian Conservation Corps:

Establishment and purposes, 899a-1.
Director, 899a-2.

Projects authorized, 899a-3.

Camp exchanges, 899a-4.

Civilian employees, 899a-5.

Utilization of reserve officers, 899a-6.
Enrollees:

Number authorized, 899a-7.

Eligibility and term of enrollment, 899a-8.

Pay, allotments, and deposits, 899a-9. Allowances in kind, burial expense, and compensation for disability or death, 899a-10.

Fiscal agent and expenditure of funds, 899a-11.

Utilization of services and facilities of other departments and agencies, 899a12.

Cooperative agreements with States and civil divisions, 899a-13.

Purchase of supplies and of transportation and subsistence, 899a-14.

Disposition of surplus and unserviceable property, 899a-15.

Claims for damage to private property and personal injury, 899a-16.

Appropriations authorized; camp exchanges, 899a-17.

Effective date of act, 899a-18.

Federal Emergency Administration of Public
Works, 899c.

Public Works Administration extension act
of 1937, 899d.

Public Works Administration appropriation act of 1938, 899e.

Emergency Relief appropriation act of 1938, 899k.

Annual report of strength of the Army, Central Statistical Committee and board,

894.

Annual report of finances, 895.

899q.

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.— Head of executive department of Federal Government cannot be held in damages for acts done by him in relation to matters committed by law to his control or supervision. Standard Nut Margarine Co. v. Mellon (App. D. C., 1934), 72 F. (2d) 557.

Supervision of activities.-Courts have no general supervising power over proceedings of administrative departments of Government. Field v. Giegengack (App. D. C., 1934), 73 F. (2d) 945.

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. 177; 5 U. S. 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

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