CROSS REFERENCES Ascertainment of amounts owed the United States by debtors: see the Judicial Code, act of Mar. 3, 1911, ch. 231, sec. 180, 36 Stat. 1141-1142, as amended. Bonds of officers of the Supply Corps: see sec. 1383, R. S., as amended. Relief of disbursing officers of the Navy from loss or deficiency: see act of July 11, 1919, ch. 9, 41 Stat. 132, as amended. CASE NOTES Purpose of statute.- "The act of Congress referred to act of Aug. 8, 1888, ch. 787, 25 Stat. 3877 was intended as a safeguard to sureties on such bonds and to prevent inequity resulting from belated claims on the part of the government. Where a claim is not promptly made or pressed, the surety may lose opportunities for investigation or for ascertaining facts which might aid it in its defense to any proceeding brought against it. A limitation of time in which to sue on the bond is a safeguard against the death, disappearance, or impairment of memory of witnesses or the loss of documents, Harvey v. United States, 97 F. 452 (C. C. A. 9). The act makes no distinction between a partial or complete, temporary or final, statement of a shortage. It speaks of a statement of account only, and would seem to intend that, in so far as the surety is concerned, the statement when rendered is final as to the surety and starts the period of limitation running. See Report No. 1961, 50th Congress, First Session; 22 Op. Attys. Gen.,, 611; U.S. v. U. S. Fidelity & Guaranty Co. (D. C.) 25 F. (2d) 500, 502. To otherwise construe the statute would place sureties at the mercy of accounting officers of the government and make them responsible for inaction on the part of such officers; it would be in direct conflict with the purpose of the act, which requires reasonable diligence in the presentation of claims." (United States v. Geise, Scope and operation of statute.- "Taking the whole statute together, with its obvious intent and purpose, I do not think it was intended that the accounting officer should delay this notice until it has become certain that there is a deficiency; nor, on the other hand, do I think he should always report a deficiency whenever from the account of a disbursing officer it may appear, prima facie, that there is one. This may be from insufficient vouchers or evidence, or from clerical error or omission, or in one or more of various ways not inconsistent with a proper disbursement of the moneys in his hands. But I think that when er in the exercise of a sound judgment, and aft sonable time allowed for explanation and tion, it appears to the accounting officer that there is a probable deficiency, he should notify the head of the Department, as provided in section 1 of the act." (22 Op. Atty. Gen. 611, 613, Oct. 21, 1899.) rea rec The limitation fixed by sec. 2 of this act "begins to run only from the time that the accounting officer of the Treasury makes the statement of account showing an indebtedness to the United States, as provided in that section." (22 Op. Atty. Gen. 611, 613, Oct. 21, 1899. See also United States v. United States Fidelity & Guaranty Co., 25 F.2d 500, 503, Mar. 23, 1928.) Where a certificate has been made by the Secretary of the Navy under and in compliance with the act of July 11, 1919, ch. 9, 41 Stat. 131, 132, and a disbursing officer is relieved of responsibility for a deficiency thereby, the Secretary of the Navy need not notify the bondsman that a deficiency exists. (34 Op. Atty. Gen. 5, Oct. 26, 1933.) cases, of charge of desertion.7 1888, Aug. 14. Removal from record, in Civil War Removal from record of charge of desertion. That the charge of desertion now standing on the rolls and records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the late war may in the discretion of the Secretary of the Navy be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of the Navy from such rolls and records or from other satisfactory evidence, that any such appointed or enlisted man served faithfully until the expiration of his term of enlistment, or until the first day of May anno Domini eighteen hundred and sixtyfive, having previously served six months or more, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time he became entitled to his discharge, failed to be mustered out and to receive a discharge from the service: Provided, That no such appointed or enlisted man shall be relieved under this section who, not being sick or wounded, left his command, without proper authority, while the same was in presence of the enemy.--(25 Stat. 442, ch. 890.) Sec. 2. Return to duty or death after desertion.7 That the Secretary of the Navy is hereby authorized to remove the charge of desertion standing on the rolls or records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the late war, in all cases where it shall be made to appear, to the satisfaction of the Secretary of the Navy, from such rolls or from other satisfactory evidence, that such appointed or enlisted man charged with desertion or with absence without leave, after such charge of desertion or absence without leave, and within a reasonable time thereafter, voluntarily returned to and served in the line of his duty until he was mustered out of the service, and received a certificate of discharge therefrom, or, while so absent, and before the expiration of his term of enlistment, died from wounds, injury, or disease received or contracted in the service and in the line of duty.--(25 Stat. 442, ch. 890.) Sec. 3. Reenlistment without discharge from previous enlistment.7 That the charge of desertion now standing on the rolls or records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the late war, by reason of his having enlisted at any station or on board of any vessel of the Navy without having first received a discharge from the station or vessel in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secretary of the Navy from such rolls and records, or from other satisfactory testimony, that such re-enlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had he remained under his original term of enlistment: Provided, That no appointed or enlisted man shall be relieved under this act who, not being sick or wounded, left his command without proper authority while the same was in presence of the enemy, or who, at the time of leaving his command, was in arrest or under charges, or in whose case the period of absence from the service exceeded three months. --(25 Stat. 442-443, ch. 890.) Sec. 4. Certificate of discharge. That in all cases where the charge of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps who has not received a certificate of discharge it shall be the duty of the Secretary of the Navy to issue to such appointed or enlisted man, or in case of his death, to his heirs or legal representatives, a certificate of discharge.--(25 Stat. 443, ch. 890.) Sec. 5. Effect of removal of charge of desertion on right to pay and bounty. That when the charge of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps, such man, or, in case of his death, the heirs or legal representatives of such man, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided, however, That this act shall not be so construed as to give to any such man as may be entitled to relief under the provisions of this act, or, in case of his death, to the heirs or legal representatives of any such man, the right to receive pay and bounty for any period of time during which such man was absent from his command without leave of absence: And provided further, That no appointed or enlisted man, nor the heirs or legal representatives of any such man, who served in the Navy or Marine Corps a period of less than six months shall be entitled to the benefit of the provisions of this act: And provided further, That all applications for relief under this act shall be made to and filed with the Secretary of the Navy within the period of five years from and after its passage, and all applications not so made and filed within the said term of five years shall be forever barred, and shall not be received or considered.--(25 Stat. 443, ch. 890.) EDITORIAL NOTES An act of May 24, 1900, ch. 550, 31 Stat. 183, "revived and reenacted" this act, and removed the limitation of time contained in sec. 5 thereof. The following is the text of the act of May 24, 1900, supra: "That chapter eight hundred and ninety, volume twenty-five, of the United States Statutes at Large, entitled 'An Act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion,' approved August fourteenth, eighteen hundred and eighty-eight, be, and the same is hereby, revived and reenacted. "Sec. 2. That section five of the said Act be, and is hereby, so amended as to remove the limitation of time within which applications for relief may be received and acted upon under the provisions of said Act." This act, as amended, with the exception of sec. 6, thereof, is embodied in the U. S. Code as secs. 1012-1016, inclusive, of title 34. Sec. 6 of this act repealed "all acus or parts of the applicant expired, and to the date when he would have received his discharge along with other enlisted men with whom he served, had he been pre(19 Op. Atty. Gen. 221, Jan. 15, 1889.) sent. act of The proviso of the third section of the Aug. 14, 1888, ch. 890, 25 Stat. 442-443, is appli(19 Op. Atty. Gen., cable to that section alone. supra.) F ex-ordinary seaman, U. S. N., enlisted in the Navy on Oct. 14, 1862, for one year and served until Feb. 10, 1864, when he was discharged. He reenlisted Oct. 20, 1864, for three years and He died on June 21, 1897. deserted on May 30, 1865. Held: That the mark of desertion may be removed from the records in the case of the above-named man for the reason that he served faithfully until the first day of May, 1865, having previously served six months or more in the War of the Rebellion. (File 26510-1951J, Mar. 22, 1924, C. M. O. 3-1924 p. File MM-Knight, Millard F./P13-8 (2) 9. See also: (320407), Apr. 20, 1932, C. M. O. 4-1932, p. 33; File MM-Cooper, Charles/P13-8 (2) (401018), Oct. 30, 1940, C. M. O. 2-1940, p. 171.) R enlisted in the Navy on Nov. 19, 1864, for a term of three years; he served on the U. S. S. Vermont and the U. S. S. Chenago until June 28, 1865, upon which date he was transferred to the U. S. S. Princeton, and the rolls of that vessel contain the Subsequently he applied entry "Never reported. " Held, for a certificate of discharge and the removal of the charge of desertion standing against him. that the Secretary of the Navy is not authorized to remove the charge of desertion standing against (File this man for the reason that he had not served a period of six months prior to May 1, 1865. 26539-837, Dec. 14, 1923, C. M. O. 12-1923, p. 9. See also File 26539-838, Dec. 15, 1923, C. M. O. 11924, p.5.) Action by the Secretary of the Navy under this statute is "binding and conclusive upon the question of the removal of a charge of desertion." (8 Comp. Dec. 809, 813, May 17, 1902.) Where the removal of the charge of desertion against an enlisted man of the Navy by the Secretary of the Navy was not for any of the cause mentioned in this statute, he is not entitled to receive the pay and allowances, including prize money, accrued at the time of the desertion and for(14 Comp. Dec. 408, Jan. 9, 1908.) feited thereby. There is no law providing that persons who served faithfully in the Navy during the SpanishAmerican War and who deserted after the termination of said war may be given the same status which they 1888, Oct. 19. Loan of scientific instruments. would have had if they had not deserted. The act of Aug. 14, 1888, ch. 890, 25 Stat. 442, as amended, applies only to the War of the Rebellion. (File 26516-496:J, Mar. 28, 1924, C. M. O. 3-1924, p. 7.) Sec. 3. That the Secretary of the Navy be, and he is hereby, authorized, in his discretion, to loan any scientific instruments in the possession of any of the bureaus under his charge, and not in use, to persons taking observations, or making investigations in connection with, or for the use of, the Signal Service under such regulations as he may prescribe, taking such security for the safe-keeping and return of such instruments on demand as he may deem necessary.--(25 Stat. 600, ch. 1210.) EDITORIAL NOTES This section is embodied in the U. S. Code as sec. 417 of title 5.1 An act of Oct. 1, 1890, ch. 1266, 26 Stat. 653, provided for the transfer of the "civilian duties" of the Signal Corps of the Army to the Weather Bureau in the Department of Agriculture. The Weather Bureau was transferred to the Department of Commerce. by Reorganization Plan No. IV, sec. 8, 54 Stat. 1236, effective June 30, 1940. 1889, Feb. 8. Temporary home for discharged seamen. That the Secretary of the Navy be, and he is hereby, authorized to permit any person receiving the honorable discharge authorized by section fourteen hundred and twenty-nine of the Revised Statutes to elect a home on board of any of the United States receiving-ships, during any portion of the three months granted by law as the limit of time within which to receive the pecuniary benefit of such discharge, the men so choosing a home to be entitled to one ration per day for their keeping while furnished with such home, but not to pay, other than that authorized by section fifteen hundred and seventy-three of the Revised Statutes of the United States upon re-enlistment: Provided, That the persons so furnished with a home shall be amenable to such regulations as may be prescribed by the Secretary of the Navy or other competent authority.--(25 Stat. 657, ch. 115.) EDITORIAL NOTES Sec. 1573, R. S., which is cited in this act, read as follows at the time adoption of the Revised Statutes: "Sec. 1573. If any seaman, ordinary seaman, landsman, fireman, coal heaver, or boy, being honor ably discharged, shall reenlist for three years, within three months thereafter, he shall, on presenting his honorable discharge, or on accounting in a satisfactory manner for its loss, be entitled to pay, during the said three months, equal to that to which he would have been entitled if he had been employed in actual service." Sec. 1573, R. S., was derived from an act of Mar. 2, 1855, ch. 136, sec. 2, 10 Stat. 627, and an act of June 7, 1864, ch. 111, 13 Stat. 120. It was amended or supplemented by the following enactments: joint resolution (No. 62) of June 11, 1896, 29 Stat. This act, with a reference to sec. 10 of the act of June 10, 1922, supra, substituted for the reference to sec. 1573, R. S., is embodied in the U.S. Code as sec. 199 of title 34. 1889, Feb. 9. Deposits of savings by enlisted men of the Navy. Deposits of savings. That any enlisted man or appointed petty officer of the Navy may deposit his savings, in sums not less than five dollars, with the paymaster upon whose books his account is borne; and · he shall be furnished with a deposit-book, in which the said paymaster shall note, over his signature, the amount, date, and place of such deposit. The money so deposited shall be accounted for in the same manner as other public funds, and shall pass to the credit of the appropriation for "Pay for the Navy," and shall not be subject to forfeiture by sentence of court-martial, but shall be forfeited by desertion, and shall not be permitted to be paid until final payment on discharge, or to the heirs or representatives of a deceased sailor, and that such deposit be exempt from liability for such sailor's debts: Provided, That the Government shall be liable for the amount deposited to the person so depositing the same.--(25 Stat. 657-658, ch. 119.) Sec. 2. Interest on deposits. That for any sums not less than five dollars so deposited for the period of six months or longer, the sailor, on his final discharge, shall be paid interest at the rate of four per centum per annum.--(25 Stat. 658, ch. 119.) Sec. 3. Regulation of system of deposits. That the system of deposits here in established, shall be carried into execution under such regulations as may be established by the Secretary of the Navy.--(25 Stat. 658, ch. 119.) 1889, Feb. 9. Department of Agriculture; Secretary of Agriculture.7 That the Department of Agriculture, shall be an Executive Department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate; and section one hundred and fifty-eight of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made applicable to said Department.--(25 Stat. 659, ch. 122.) EDITORIAL NOTES This section and sec. 4 of the act of Feb. 9, 1889, ch. 122, 25 Stat. 659, are embodied in the U.S. Code as sec. 512 of title 5. The Department of Agriculture, with a Commissioner of Agriculture as the head thereof, was established by act of May 15, 1862, ch. 72, 12 Stat. 387-388. Secs. 520-529, inclusive, of the Revised Statutes were derived from the act of May 15, 1862, supra, and certain related acts. These sections, with the exception of seos. 521 and 522, were in force on Dec. 31, 1944. Sec. 520, R.S., which is embodied in the U.S. Code as sec. 51l of title 5, reads as follows: "Sec. 520. There shall be at the seat of Government a Department of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful information on subjects connected with agriculture in the most general and comprehensive sense of that word, and to procure, propagate, and distribute among the people new and valuable seeds and plants." The Weather Bureau was established in the Department of Agriculture by act of Oct. 1, 1890, oh. 1266, 26 Stat. 653. It was transferred to the Department of Commerce by Reorganization Plan No. IV, sec. 8, 54 Stat. 1236, effective June 30, 1940. A reorganization of the Department of Agriculture was effected by Exec. Order No. 9069, Feb. 23, 1942, 7 F.R. 1409. 1889, Mar. 1. Leaves of absence, for training purposes, of employees in National Guard.7 Sec. 49. That all officers and employees of the United States and of the District of Columbia who are members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay or time, on all days of any parade or encampment ordered or authorized under the provisions of this act.--(25 Stat. 779, ch. 328.) EDITORIAL NOTES This section is part of an act to provide for the organization of the militia for the District of Columbia. It was amended by an act of July 1, 1902, ch. 1352, 32 Stat. 590, 615, which provides that this section "shall be construed as covering all days of service which the National Guard, or any portion thereof, may be ordered to perform by the commanding general. It was further amended by an act of Feb. 18, 1909, ch. 146, 35 Stat. 629, 634, which provided for changing the number of this section to "fifty-two". In connection with the above-mentioned amendatory acts, see the following: 20 Op. Atty. Gen. 437, Aug. 11, 1892; 20 Op. Atty. Gen. 669, Sept. 29, 1893; and 6 Comp. Gen. 635, 637, Mar. 26, 1927. This section, as amended, is embodied in the D.C. Code as sec. 608 of title 39. 1889, Mar. 1. Issuance of clothing outfit.7 CASE NOTES Effect of subsequent legislation.- This statute was not repealed by sec. 80 of the act of June 3, 1916, ch. 134, 39 Stat. 203. (2 Comp. Gen. 1, July 3, 1922. See also: 6 Comp. Gen. 635, 637, Mar. 26, 1927; 15 Comp. Gen. 633, 635, Jan. 18, 1936. Scope and operation of statute.- This statute is applicable exclusively to the National Guard of the District of Columbia. (19 Comp. Gen. 687, 688, Feb. 1, 1940.) Employees of the United States and of the District of Columbia who are members of the National Guard of the District of Columbia are not entitled, under this statute, to military leave while participating in target-practice matches outside the District of Columbia, except as to matches held in connection with annual encampments. (8 Comp. Gen. 210, Oct. 24, 1928. See also 6 Comp. Gen. 635, Mar. 26, 1927. That in order to encourage the enlistment of boys as apprentices in the United States Navy, the Secretary of the Navy is hereby authorized to furnish as a bounty to each of said apprentices after his enlistment, and when first received on board of a training-ship, an outfit of clothing not to exceed in value the sum of forty-five dollars.--(25 Stat. 781, ch. 331.) EDITORIAL NOTES So much of this act as relates to the money value of the clothing outfit which may be issued on first enlistment was superseded by an act of June 30, 1932, ch. 327, 47 Stat. 451. This act is embodied in the U.S. Code as sec. 916 of title 34. The acts making appropriations for the Navy Department and the naval service for the fiscal years 1915-1918, inclusive, authorized the issuance of clothing outfits on first enlistment at not in excess of $60 each; and the acts making appropriations for the Navy Department and the naval service for the fiscal years 1919-1933, inclusive, authorized the issuance of clothing outfits on first enlistment at not in excess of $100 each. 765 |