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meanwhile have absented himself from the United States. in which case the time of his absence shall be excluded in computing the period of the limitation: Provided, That said limitation shall not begin until the end of the term for which said person was mustered into the service.1 Act of April 11, 1890 (26 Stat. L., 54).

not treat him as a deserter but caused him to be charged, tried, and convicted as an absentee without leave only. Ibid., par. 1086.

An officer of the customs, empowered by law to make arrests of persons violating the revenue laws, but having no such general authority as is ordinarily possessed by peace officers "to arrest offenders" (according to the terms of the act of October 1, 1890, authorizing certain civil officials to arrest deserters)-held not entitled to be paid the regulation reward for the apprehension, etc., of a deserter from the Army. Ibid., par. 1087.

Held that a justice of the peace of Idaho was not, by the laws of that State, a peace officer or authorized to arrest offenders, and was therefore not within the terms of the act of October 1, 1890, or legally entitled to be paid the reward for the arrest, etc., of a deserter. Such justice may by his warrant authorize and thus cause arrests, but actual arrest pertains, under the laws of the State, to another class-sheriffs, constables, city marshals, and policemen. But held that a member of the Indian police, established under the regulations of the Indian Office, was a civil officer having authority to arrest offenders, and was entitled to the reward for the arrest of a deserter. Ibid., par. 1088.

Circular No. 11 (H. A.), 1883 declares that the reward shall not be paid where the deserter, at the time of arrest, "is serving in some other branch of the Army," etc. Thus held that the reward was not payable for the arrest of a deserter from the cavalry, who subsequently to his desertion, had enlisted in an infantry regiment in which he was serving at the date of the arrest. Ibid., par. 1091.

Where a civil official in good faith and in compliance with military instructions, made the arrest and delivery of a deserter, who, however, was of the class of deserters specified in General Orders 22 of 1893, viz, those who "would have the right to claim exemption from trial and punishment" under the present one hundred and third article of war—a fact not within the knowledge of the official and which he could not have ascertained, but who therefore had no legal claim for the payment of the reward—held that the reasonable expenses of such official incurred in the arrest, etc., might well be allowed by the Secretary of War out of the appropriation for the contingent expenses of the Army. But the civil official takes the risk of the soldier being or not being an actual deserter. If he turns out to be not one the official loses his time and disbursements, if any. Thus held that such official could have no claim to be reimbursed his expenses incurred in making, in good faith, the arrest of a supposed deserter who was in fact a dishonorably discharged soldier. Ibid., 349, par. 37.

A deserter is not chargeable, under paragraph 137, Army Regulations, 1901, with the expenses of transportation therein specified, if his conviction has been duly disapproved; such disapproval being tantamount to an acquittal. Ibid., par. 1067. The expense of the transportation of a convicted deserter, incurred in the course of the execution of his sentence is not chargeable against the deserter under paragraph 137, Army Regulations of 1901, but must be borne by the United States. Ibid., par. 1068.

The so-called "deserter's release," provided for by General Orders, 55, of 1890, is accorded when, by reason of the period which has elapsed since the end of his term of enlistment, the deserter could successfully plead the statute of limitations to a prosecution for his desertion. This period is complete at the expiration of two years from the end of its term. But where a soldier, who would have been eligible for such release on May 9, 1894, was, in February preceding, arrested, brought to trial, convicted, and sentenced to be dishonorably discharged, and was so discharged accordingly, held that he was not within the privilege of the General Orders, and that the release could not be accorded him. [As to the purpose and effect of this "release," see Circular No. 5, H. Q. A., 1894.] Dig. Opin. J. A. G., par. 1100. The "deserter's release" is intended for deserters in whose favor the limitation of the present one hundred and third article of war has fully run, and who therefore

H. Doc. 545-34

MISCELLANEOUS PROVISIONS.

Par.

Par.

1412. Exemption of enlisted men from 1413. Enlisted men not to be used as arrest for debt.

Exemption from arrest for debt.

Sec. 1237, R. S.

Enlisted

men not to be used

servants.

1412. No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first. contracted.

1413. No officer shall use an enlisted man as a servant in Sec. 14, July 15, any case whatever. 1870, v. 16, p. 319. Sec. 1232, R. S.

as servants.

DECEASED SOLDIERS.

Par.

1414. Deceased soldiers' effects.

Deceased soldiers' effects.

Par.

1415. Officers charged with effects of deceased soldiers to account for same.

1414. In case of the death of any soldier, the command126 Art. War. ing officer of his troop, battery, or company shall immediately secure all his effects then in camp or quarters, and shall, in the presence of two other officers, make an inventory thereof, which he shall transmit to the office of the Department of War. One hundred and twenty-sixth Article of War.

Officers charged

with effects of

to account same.

for

127 Art. War.

1415. Officers charged with the care of the effects of deceased soldiers deceased officers or soldiers shall account for and deliver the same, or the proceeds thereof, to the legal representatives of such deceased officers or soldiers. And no officer so charged shall be permitted to quit the regiment or post until he has deposited in the hands of the commanding

have a perfect defense to a prosecution. It was designed to secure them against proceedings for desertion and to obviate the expenses to which the Government might be put in the matter of their arrest and their trial. But it is not, and can not, in view of the provisions of article 4, serve as a discharge from the Army. The language of General Orders, 55, of 1890, which describes it as a release "from the Army," is therefore faulty. Ibid., par. 1101.

A deserter who has been once dishonorably discharged is not a subject for the "release" does not belong to the class of persons for whom it is intended. It is designed for soldiers actually in service. It can not therefore now be given to one who was a soldier of a volunteer organization during the late war of the Rebellion. Nor can it be issued in a case of a soldier who has deceased. Ibid., par. 1102.

1 DISPOSITION OF EFFECTS.

When a soldier is killed in action, or dies at any post, hospital, or station, it shall be the duty of his immediate commander to secure his effects and to prepare the inventory required by the one hundred and twenty-sixth article of war, according to prescribed form and to notify nearest relative of the fact of death. Duplicates of the inventory, with final statements, will be forwarded direct to the Adjutant-General of the Army. Par. 175, A. R., 1901.

officer all the effects of such deceased officers or soldiers

not so accounted for and delivered.'

twenty-seventh Article of War.

One hundred and

EXPENSES OF TRANSPORTATION AND BURIAL.

tion of remains. March 3, 1899, v. 30, p. 1225.

1416. To enable the Secretary of War, in his discretion, Transporta to cause to be transported to their homes the remains of officers and soldiers who die at military camps or who are killed in action or who die in the field at places outside of the limits of the United States, one hundred thousand dollars. Act of March 3, 1899 (30 Stat. L., 1225).

1417. In all cases where an officer or an enlisted man in either the Army, Navy, Marine Corps of the United States, or contract surgeon or trained nurse in the employ of the Government, has died while on duty away from home. since the first day of January, eighteen hundred and ninety

Reimbursement of expense

of transportation March 3, 1899,

v. 30, p. 1225.

Should the effects of a deceased soldier not be claimed within thirty days, they will be sold by a council of administration under the authority of the post commander, and the proceeds transferred to the commander of the company to which the deceased belonged, by whom they will be deposited with a paymaster to the credit of the United States. Duplicate receipts will be taken, one of which will be sent direct to the Adjutant-General of the Army and the other retained with the company records. Par. 176, A. R., 1901.

In all cases of sale by a council of administration, a detailed statement of the proceeds, duly certified by the council and commanding officer, will accompany the paymaster's receipt forwarded by the company commander to the Adjutant-General of the Army. The statement will be indorsed: "Report of the proceeds of the effects of late of CompanyRegiment of who died at day of Par. 177, Ibid.

the

The effects will be delivered, when called for, to the legal representatives of the deceased, and the receipts therefor forwarded to the Adjutant-General of the Army. Applications for arrears of pay and proceeds of sale of effects of deceased soldiers should be addressed to the Auditor for the War Department, Washington, D. C., who settles such accounts. Par. 178, ibid.

In the settlement of the accounts of deceased soldiers, the accounting officers dispense with administration, and, as it were, administer themselves, paying to the persons entitled such amounts as may be found to be due the deceased in a final settlement of his accounts with the United States. 3 Compt. Dec., 197.

FUNERAL EXPENSES.

The remains of deceased soldiers will be decently inclosed in coffins and transported by the Quartermaster's Department to the nearest military post or national cemetery for burial unless the commanding officer deem burial at the place of death to be proper, when a report of the fact will be made to the Adjutant-General of the Army. The expense of transporting the remains is payable from the appropriation for Army transportation; other expenses of burial are limited to $15 for noncommissioned officers and $10 for private soldiers. Par. 162, A. R., 1895. See also Circular 9, A. G. O., 1900, note to paragraph 1339, ante.

The annual acts of appropriation since that of August 8, 1846 (9 Stat. L., 68), have contained provision for the expenses of interment of noncommissioned officers and soldiers. The act of July 8, 1898 (30 Stat. L., 730), and subsequent acts of appropriation have made provision for transporting to their homes the remains of officers and soldiers who die at military camps or who are killed in action or who die in the field at places outside the territorial limits of the United States.

The acts of June 6, 1900 (31 Stat. L., 631), and Mar. 3, 1901 (ibid., 1025), con tained the same provision.

tion of remains

and civilian em-
ployees.
May 26, 1900, v.
31, p. 213.

eight, and the remains have been taken home and buried at the expense of the family or friends of the deceased, the parties who paid the cost of transportation and burying such remains shall be repaid at the expense of the United States by the Secretary of the Treasury, not to exceed what it would have cost the United States to have

transported the remains to their homes.1 Act of March 3, 1899 (30 Stat. L., 1225).

Transporta- 1418. To enable the Secretary of War, in his discretion, of enlisted men to cause to be transported to their homes the remains of civilian employees of the Army, who have died, or may hereafter die, while in the employ of the War Department in Cuba, Porto Rico, Hawaii, and the Philippines, including the remains of any honorably discharged soldiers who are entitled under the terms of their discharge to return transportation on Government transport and who die while on said transport, the sum of one hundred thousand dollars, which is hereby appropriated and made immediately available for the above purpose as long as may be required. Act of May 26, 1900 (31 Stat. L., 213).

The terms of the act of appropriation authorizing the payment of certain expenses of burial in the case of enlisted men who die "while on duty," have been held by the Comptroller of the Treasury to prohibit the payment of such expenses in the case of a soldier who was killed while attempting to run the guard. VI Compt. Dec., 794; held similarly as to a soldier who died at his home, ibid., 343; of a soldier who died in confinement, ibid., 453; and of a soldier who had once been buried, ibid., 485. The expense of burial in the case of an enlisted man, as establised at $35 by paragraph 162, A. R., 1895, as amended by G. O. 141, A. G. O., 1898, "will be limited to the cost of the coffin and the reasonable and necessary expense of preparation of the remains for burial, and will not include such items as: For guarding remains, expense of services of clergyman or minister, music by band or choir, flowers, cost or hire of pall to be used with horse, tombstone, crape or gloves for pallbearers, and expense of grave site where the remains are sent home at the request of relatives.' Circular 9, A. G. O., 1900

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2,

Regiment.

Feb. 2, 1901, s.

Sec. 1102,

1419. Each regiment of cavalry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, io,.S. fifteen first lieutenants, and fifteen second lieutenants; two veterinarians, one sergeant-major, one quartermastersergeant, one commissary-sergeant, three squadron sergeants-major, two color-sergeants with rank, pay, and allowances of squadron sergeant-major, one band, and twelve troops organized into three squadrons of four troops each.1 Sec. 2, act of February 2, 1901 (30 Stat. L., 748).

1This enactment replaces section 1102, Revised Statutes, and section 2, act of March 2, 1899, in pari materia. Section 28 of the act of February 2, 1901 (31 Stat. L., 755), contained the requirement that "vacancies in the grade of field officers and captain created by this act in the cavalry, artillery, and infantry shall be filled by promotion, according to seniority in each branch, respectively. For the method of filling vacancies created by the act of February 2, 1901, in the grades of first and second lieutenants, see paragraph 1455, post.

Of the several cavalry regiments now composing the peace establishment, the first, a regiment of dragoons, was authorized by the act of March 2, 1833 (4 Stat. L., 652). A second regiment of dragoons was authorized by the act of May 23, 1836 (5 Stat. L., 32). The second regiment of dragoons was converted into a regiment of riflemen by the act of August 23, 1842 (5 Stat. L., 512), but was reconverted into a regiment of dragoons by the act of April 4, 1844 (5 Stat. L., 654). A regiment of mounted riflemen was added to the establishment by the act of May 19, 1846 (9 Stat. L., 13). Two regiments of cavalry (known as the First and Second) were authorized by the act of

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