be passed to the credit of the commissioners of the Soldiers' Home. The commissioners are also authorized to receive all donations of money or property made by any person for the benefit of the institution and hold the same for its sole and exclusive use. But the deduction of twelve and a half cents per month from the pay of noncommissioned officers, musicians, artificers, and privates of regiments of volunteers or other corps or regiments raised for a limited period or for a temporary purpose or purposes shall only be made with their consent.1 Sec. 4819, R. S.

1509. Limit to adjustment of accounts.-Hereafter the adjustment of the accounts of the Soldiers' Home under section 4818 of the Revised Statutes 2 in the offices of the Second Comptroller and Second Auditor shall be limited to those originating subsequent to March 3, 1881. Act of July 16, 1892 (27 Stat. 193).

1510. Permanent fund of the Home. That all funds of the Home not needed for current use, and which are not now invested in United States registered bonds, shall, as soon as received, or as soon as present investments can be converted into money without loss, be deposited in the Treasury of the United States to the credit of the Home as a permanent fund, and shall draw interest at the rate of three per centum per annum, which shall be paid quarterly to the treasurer of the Home; and the proceeds of such registered bonds, as they are paid, shall be deposited in like maner. No part of the principal sum so deposited shall be withdrawn for use except upon a resolution of the board of commissioners stating the necessity and approved by the Secretary of War. Sec. 8, Act of Mar. 3, 1883 (22 Stat. 565).

1511. The Treasurer of the United States the depositary of the funds of the Home.-That the Treasurer of the United States be, and he is hereby, authorized and directed to receive and keep on deposit, subject to the checks or drafts of the treasurer of the Soldiers' Home in the District of Columbia, all funds which may now be under the control of the said treasurer of the Soldiers' Home, or may hereafter be furnished him or in any manner come into his possession for use in defraying the curent expenses of maintaining the said Soldiers' Home, and, upon the request of said treasurer of the Soldiers' Home, there shall be transferred, from funds to his credit with the United States Treasurer, and placed to his credit with the assistant treasurer of the United States in New York City, New York, such sums as he may require monthly or quarterly for payments on account of "outdoor relief" to members of the said Sol

'The deduction of pay for the Soldiers' Home was abolished by the act of May 11, 1908 (35 Stat. 110).

armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.1 Sec. 14, id.

(This paragraph is the same as section 5287 of the Revised Statutes, as amended by the act of February 18, 1875 (18 Stat. 320), which is repealed.)

1473. Same. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States. Sec. 15, id., 1091.

(This paragraph is founded on section 5288 of the Revised Statutes, which is repealed.)

terms of the statute do not apply to an expedition originating within the territory of a foreign state. (U. S. v. Trumbull, 48 Fed. Rep., 99. For liability of the officers of the ship, see U. S. v. Rand, 17 id., 142. See, also, Wiborg v. U. S., 163 U. S., 632; U. S. v. Ybanez, 53 Fed. Rep., 536; U. S. v. Pena, 69 id., 983; U. S. v. Hughes, 70 id., 972; U. S. v. Hart, 74 id., 724; U. S. v. Nuñez, 82 id., 599; U. S. v. Murphy, 84 id., 609. Dig. J. A. G., p. 105, 1a.)

The transportation of goods for commercial purposes only, and the carriage of persons separately, though their individual design may be to enlist in a foreign strife, are not prohibited by our law, if the transportation is without any features of a military character. Indications of a military operation or of a military expedition are concert and unity of action, organization of men to act together, the presence of weapons, and some form of command or leadership. When these exist and are known to the persons engaged in the transportation, all who knowingly aid in such transportation for military purposes are liable under section 5286 of the Revised Statutes. U. S. v. Nuñez et al., 82 Fed. Rep., 599.)

1

Ex parte Orozco, 210 Fed. Rep., 106; United States v. Chavez, 199 Fed. Rep., 518: 228 U. S., 525.

First. Every soldier of the Army of the United States who has served, or may serve, honestly and faithfully twenty years in the

same.

Second. Every soldier and every discharged soldier, whether regular or volunteer, who has suffered, or may suffer, by reason of disease or wounds incurred in the service and in the line of his duty, rendering him incapable of further military service, if such disability was not occasioned by his own misconduct.

Third. The invalid and disabled soldiers, whether regular or volunteers, of the wars of eighteen hundred and twelve and of all subsequent wars. Sec. 4821, R. S.

1516. Who are excluded.-The benefits of the Soldiers' Home shall not be extended to any soldier in the regular or volunteer service convicted of felony or other disgraceful or infamous crimes of a civil nature after his admission into the service of the United States; nor shall any one who has been a deserter, mutineer, or habitual drunkard be received without such evidence of subsequent service, good conduct, and reformation of character as is satisfactory to the commissioners. Sec. 4822, R. S.

1517. Who shall be discharged. Any soldier admitted into the Soldiers' Home for disability who recovers his health, so as to become fit again for military service, if under fifty years of age, shall be discharged.1 Sec. 4823, R. S.

1518. Outdoor relief.-That the board of commissioners are authorized to aid persons who are entitled to admission to the Home, by outdoor relief, in such manner and to such an extent as they may deem proper; but such relief shall not exceed the average cost of maintaining an inmate of the Home. Sec. 6, Act of Mar. 3, 1883 (22 Stat. 565).

1519. Rights of pensioners and surrender of pensions.—The fact that one to whom a pension has been granted for wounds or disability received in the military service has not contributed to the funds of the Soldiers' Home shall not preclude him from admission thereto. But all such pensioners shall surrender their pensions to the Soldiers' Home during the time they remain therein and voluntarily receive its benefits. Sec. 4820, R. S.

1520. Allotment of their pensions by inmates, payment of pensions not assigned to Treasurer, etc.-Any inmate of the Home who is receiving a pension from the Government, and who has a child, wife, or parent living, shall be entitled, by filing with the pension agent

2

1

See Dig. Opin. J. A. G., 1010, I. B., edition 1912.

Section 4820, Revised Statutes, admits of no other reasonable construction than that only invalid pensioners who had not contributed to the funds of the Soldiers' Home were bound to surrender to it their pensions while receiving its benefits. (U. S. v. Bowen, 100 U. S., 508; see paragraph 1520, post)

1476. Extradition.-Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime. of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. Sec. 5275, R. S.

1477. Alaska.-An act entitled "An act to define and punish crimes in the District of Alaska, and to provide a code of criminal procedure for the District," approved March third, eighteen hundred and ninety-nine, be, and is, amended, by adding to section three hundred and sixty-three thereof the following: "Provided, [That] section fifteen [forbidding use of Army as posse comitatus] of an act entitled 'An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes,' approved June eighteenth, eighteen hundred and seventy-eight, shall not be construed to apply to the District of Alaska." Sec. 29, Act of June 6, 1900 (31 Stat. 330).

found that there exist in Mexico such conditions of domestic violence promoted by the use of arms or munitions of war procured from the United States as contemplated by the said joint resolution; and I do hereby admonish all citizens of the United States and every person to abstain from every violation of the provisions of the joint resolution above set forth, hereby made applicable to Mexico, and I do hereby warn them that all violations of such provisions will be rigorously prosecuted. And I do hereby enjoin upon all officers of the United States, charged with the execution of the laws thereof, the utmost diligence in preventing violations of the said joint resolution and this my proclamation issued thereunder, and in bringing to trial and punishment any offenders against the same.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

The President signed this proclamation March 14, 1912, and it was published April 12, 1912.

A proclamation by the President dated February 3, 1914 (38 Stat. —), revoked the prohibition against the exportation of arms, etc.; and, omitting the preamble, was in the following form:

'Now, therefore, I, Woodrow Wilson, President of the United States of America, hereby declare and proclaim that, as the conditions on which the proclamation of March 14, 1912, was based have essentially changed, and as it is desirable to place the United States with reference to the exportation of arms or munitions of war to Mexico in the same position as other powers, the said proclamation is hereby revoked."

United States v. Chavez, 199 Fed. Rep., 518; reversed, 228 U. S., 525.

1 For the general laws relating to extradition see sections 5270 to 5280, inclusive, Revised Statutes. As to a country under our military control see act of June 6, 1900 (31 Stat. 656); and as to the Philippine Islands see act of February 9, 1903 (32 Stat. 806), and act of February 6, 1905 (33 Stat. 698).

Under authority conferred by separate statutes branch homes have been established at the following places:

The Central Branch, at Dayton, Ohio.

The Northwestern Branch, at Milwaukee, Wis.

The Eastern Branch, at Togus, Me.

The Southern Branch, at Hampton, Va.

The Western Branch, at Leavenworth, Kans.

The Pacific Branch, at Santa Monica, Cal.

The Marion Branch, at Marion, Ind.

The Danville Branch, at Danville, Ill.

The Johnson City Branch, at Johnson City, Tenn.

Battle Mountain Sanitarium, Hot Springs, S. Dak.

As to aid offered States and Territorial homes for disabled soldiers see the following acts: Sec. 4825, R. S.; 25 Stat. 450, 975; 30 Stat. 1379.

Admissions to the home.-Hereafter the following persons only shall be entitled to the benefits of the National Home for Disabled Volunteer Soldiers and may be admitted thereto upon the order of a member of the board of managers, namely: All honorably discharged officers, soldiers, and sailors who served in the regular or volunteer forces of the United States in any war in which the country has been engaged, who are disabled by disease, wounds, or otherwise, and who have no adequate means of support, and by reason of such disability are incapable of earning their living. (Act of May 26, 1900, 31 Stat. 217.)

All honorably discharged soldiers and sailors who served in the War of the Rebellion and the Spanish-American War, and the provisional army and the volunteer soldiers and sailors of the War of 1812 and of the Mexican War, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. (Act of January 28, 1901, 31 Stat. 745.)