Receiving, concealing, property, etc. Sec. 2, ibid. or both, at the discretion of the court before which he shall have been convicted. Act of March 3, 1875 (18 Stat. L., 479). 661. If any person shall receive, conceal, or aid in concealing, or have, or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever of the moneys, goods, chattels, records, or property of the United States which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall have been convicted; and such receiver may be tried either before or after the conviction of the principal felon; but if the party has been convicted, then the judgment against him shall be conclusive evidence in the prosecu tion against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. Sec. 2, ibid. CHAPTER XV. Feb. 2, 1901, s. 662 The Adjutant-General's Department shall consist Composition. one adjutant-general with the rank of major-general 13. v. 31. p. 751. during the active service of the present incumbent of the , and with the rank of brigadier-general thereafter; fe assistant adjutants-general with the rank of colonel, en assistant adjutants-general with the rank of lieutenartcolonel, and fifteen assistant adjutants-general with He rank of major: Provided, That all vacancies created rassed by this section shall, as far as possible, be filled s promotion according to seniority of officers of the A: tant-General's Department. Sec. 13, act of Ebruary #4031 Stat, L., 751). 663 The Adjutant-General of the Army shall have the Sec. 1128, B.S. Rank of Adju June 6, 1900, s. tant-General. 3, v. p. 655. PROMOTIONS AND DETAILS. 1901 664 No long as there remain any officers holding per- Promo PromotionIN *ent appointments in the Adjutant-General's * * * 26 x 31, p. 756, they shall be promoted according *ment. ority in the several grades, as now provided by aw. ar nothing herein contained shall be deemed to apply Vas ancies which can be filled by such promotions, or to rl for which the officers so promoted shall hold appointments. Sec. 26, act of 1901 (31 Stat. L., 755). 665. When any vacancy, except that of the chief of the tails ejartment or corps, shall occur, which can not be filled promotion as provided in this section, it shall be filled al note see end of chapter sexton 13, act of February 2, 1901, paragraph; 662, unde, The same. To act as assist ant inspectorsgeneral. by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps.1 Ibid. 666. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. Ibid. DUTIES. 667. Assistant adjutants-general shall, in addition to their own duties, perform those of assistant inspectorsJuly 5, 1838, C. general, when the convenience of the service requires 257: June 18, 1846, them to do so.2 162, s. 7, v. 5, p. c. 29, s. 6, v. 9, p. 18; Mar. 3, 1847, c. 61, s. 2, v. 9, p. 184; July 19, 1848, c. 104, s. 3, v. 9, p. 247; Mar. 2, 1849, c. 83, s. p. 351. Sec. 1130, R. S. Monthly re turns. 7 Art. War. RETURNS OF TROOPS. 668. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels to the Department of War an exact return of the same, specifying the names of the officers then absent 1 For statutory regulations respecting details to the staff see the title "Details to the Staff" in the chapter entitled “THE STAFF DEPARTMENTS." The Adjutant-General's Department is the bureau of orders and records of the Army. Orders and instructions emanating from the War Department or Army Headquarters and all general regulations are communicated to troops and individuals in the military service through the Adjutant-General. His office is the repository for the records of the War Department which relate to the personnel of the permanent military establishment and militia in the service of the United States, to the military history of every commissioned officer and soldier thereof, and to the movements and operation of troops. The records of all appointments, promotions, resignations, deaths, and other casualties in the Army, the preparation and distribution of commissions, and the compila tion and issue of the Army Register and of information concerning examinations for appointment and promotion, pertain to the Adjutant-General's Office. The Adjutant-General is charged, under the direction of the Secretary of War, with the management of the recruiting service, the collection and classification of military information in regard to our own and foreign countries, the preparation of instruc tions to officers detailed to visit encampments of militia, and the digesting, arranging, and preserving of their reports; also the preparation of the annual returns of the militia required by law to be submitted to Congress. Requests for military information, which require action on the part of any military attaché of the United States, will be made to the Adjutant-General of the Army. Par. 833, A. R., 1901. In the Adjutant-General's Office the names of all enlisted soldiers are enrolled, enlistments and descriptive lists filed, deaths, discharges, desertions, etc., recorded, the general returns of the Army consolidated, returns of regiments and posts and all muster rolls, and the inventories of effects of deceased officers and soldiers preserved Par. 834, ibid. But, see, as to the custodianship of certain rolls, returns, and records of the volunteer forces called into service during the recent war with Spain, section 8 of the act of April 22, 1898 (30 Stat. L., 362), paragraph 1238, post. The act of appropriation of March 15, 1898, contained the following requirement "For contingent expenses of the Military Information Division of the Adjutant General's Office, and of the military attachés at the United States embassies and legations abroad, to be expended under the direction of the Secretary of War, three thousand six hundred and forty dollars. Act of March 15, 1898 (30 Stat. L., $27. For pay of a clerk attendant on the collection and classification of military informa tion, one thousand five hundred dollars." Ibid., 320. Similar provision is made in in the act of March 3, 1899. Ibid., 1064. from their posts, with the reasons for an the time of their And any officer who, through neglect or design, orits to send such returns shall, on conviction thereof, be punished as a court-martial may direct.' Seventh article ment. 8. 4 v. 15, p. 318. 663. Hereafter all enlistments in the Army shall be for Term of enlistthe term of three years, and no soldier shall be again, March 3, 1869, ersted in the Army whose service during his last preced- Aug. 1, 1994, 8. 2, ng term of enlistment has not been honest and faithful, Sec. 1119. R. S. ~ tum 2, act of August 1, 1894 (28 Stat L., 216). v. 28, p. 216. fications. 670. Recruits enlisting in the Army must be effective General qualiand able-bodied men, and between the ages of eighteen a ↑ "Larty-five years,' at the time of their enlistment. This, tation as to age shall not apply to soldiers reenlisting. Mar. 3, 115, c. Mar. 16, 1802, c. 9, s. 11, v 2. p. 134; 79. N. 7 v. 2, p. 224 July 18, 162, s. 30, v. 5. p. 260. Feb. 13, 1862, c. 25, s. 2. v 12. p. 39. 15 21 12 res 37, v. 12. p. 620, July 17, 1862, c. 200, s. 21. v. 12, p. 397. Feb 1. p, 2; Aug. 1, 1894 v. 28, p. 216, s. 4. Mar 2, 1899, v. 30, p. 977; 1 M. Donaid 1 Lowell, p. 100 Sec. 1116, R. S. for enlistment. v. 28. p. 216, Mar. p. 977. 671 In time of peace no person (except an Indian) who qualifications as not a citizen of the United States, or who has not made Aug. 1, 1894, s. 2, gal declaration of his intention to become a citizen of 2, 1899, s. 4, v. 30, the United States, or who can not speak, read, and write the English language, or who is over thirty-five years of tall be enlisted for the first enlistment in the Army. 2, act of August 1, 1894 (28 Stat. L., 216); see. 4. † March 2, 1899 (30 Stat. L.. 977). caiders of departments, corps, and posts will make to the Adjutant-Gen** •ort, w, in Washington, monthly returns of their respective commands on forms #levins the Adjutant-General of the Army, and in accordance with the directions zw, **༧*vཉྙོ In like manner company commanders will make monthly returns *con påt, es to regimental headquarters Par. 876, A. R., 1901. contractions relating to the preparation of monthly returns see paragraphs Art Regulations 1901 atent replaces the requirement of section 1119 of the Revised Statutes fale term of enustment was fixed at five years For regulations governing te in the regular service see Article LXXI, paragraphs 81% to 86, Army For rules governing the recruitment of the volunteer forces see ar of June 3, 18 from the Adjutant-General's Office, and General Orders, 122 *A 60, of 1899, at fenary 27, 1893 27 Stat L. 456), fixed the superior limit of age at ent at thirty years instead of thirty-five, as required by section 1116, Revied e azul tills requirement was repeated in section 2 of the act of August 1, 1894 which limited the operation of the enactment to a "time of peace," g the biger unit of age to become operative in time of war The superior a tab beri at thirty-five years and the inferior limit at eighteen years by 4 of the act of March 3, 1899 tibid., 977). Suits to recover money. 20, s. 1, v. 1, p. 512. SUITS FOR RECOVERY OF MONEY. 643. Whenever any person accountable for public money Mar. 3, 1797, C. neglects or refuses to pay into the Treasury the sum or Sec. 3624, R. S. balance reported to be due to the United States upon the adjustment of his account, the Comptroller of the Treasury shall institute suit for the recovery of the same, adding to the sum stated to be due on such account the commissions of the delinquent, which shall be forfeited in every instance where suit is commenced and judgment obtained thereon, and an interest of six per centum per annum from the time of receiving the money until it shall be repaid into the Treasury.1 passed upon and settled by the Auditor, and, until the Auditor has settled the account, the Comptroller is without jurisdiction to revise it. (3) The settlement of an account by the Auditor, so far as the claimant's right or power before the accounting officers is concerned, is final and conclusive, except that any person whose account may have been settled by the Auditor may, within a year, obtain a revision of said account by the Comptroller. (4) The person who may obtain such revision is the person whose account has been settled by the Auditor. V Compt. Dec., 333, 334. The Comptroller has the exclusive right to reopen an account which has been revised by himself or his predecessors. IV Compt. Dec., 303. After the expiration of a year from the date of settlement an Auditor has the exclusive right to reopen an account settled by himself or his predecessors. Ibid. Before the expiration of a year the right of revision by the Comptroller is exclusive, and an Auditor can not reopen an account within that period. Ibid. After the expiration of six months from the date of settlement by the Second Auditor, under the act of July 1,1892 (27) Stat. L., 194), no appeal having been taken within that period, the Auditor fo the War Department has the exclusive right to reopen the settlement. Ibid, 471. Section 8 of the act of July 31, 1894, specifies the officers and persons by whom the revision of accounts by the Comptroller may be obtained, and it must be construed to be exclusive. IV Compt. Dec., 723. Under section 8 of the act of July 31, 1894, the Comptroller of the Treasury is authorized to revise, upon his own motion, a'l items embraced in an account, including items upon which payment has been accepted; and in particular instances, where justice requires it, such authority may be exercised in favor of a claimant. Ibid, 22. The accounting officers are not authorized to reopen accounts which have been settled, except for the purpose of correcting mistakes of fact arising from errors of calculation, or upon the production of newly discovered material evidence, VI Compt. Dec., 236. The accounting officers are not authorized to reopen accounts for the purpose of correcting decisions upon questions of law subsequently held to be erroneous. Ibid, 91. The right of the accounting officers to reopen accounts which have been settled, either by themselves or their predecessors, for the purpose of correcting mistakes of fact arising from errors of calculation, or upon the production of newly discovered material evidence, or for fraud or collusion, has received the sanction of the courts and of the law-making power. The act of July 31, 1894, does not take away or mod.y that right. IV Compt. Dec., 303. Where the Comptroller has made a final settlement of a claim from the War Department, an order of the Secretary that the accounts be reexamined has no validity. B. & O. R. R. Co. v. U. S. 31, Ct. Cls., 484. For other statutory provisions respecting the recovery of debts or balances due the United States, see the titles "The Comptroller of the Treasury" and "The Anditors of the Treasury" in the chapter entitled THE TREASURY DEPARTMENT, and the title "Distress Warrants" in the chapter entitled THE PUBLIC MONEY. See also U. §. r Gaussen, 19 Wall., 198. |