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Mutiny-Continued.

Extenuated by oppressive acts, 33.

Mere acts of insubordination or disorderly con-

duct not, 31.

Penalty for, 22 A. W.

Penalty for failing to quell, etc,, 23 A. W.
Refusing to obey unlawful order not, 32.
Name: (See Misnomer.)

Variance in, 2443.

National cemetery:

Appraisement of land for, 1763.

Appropriation for maintenance of, 1765, 2107.
Cession of jurisdiction necessary, 1764.
Disposition of unservicable property, 2281.
For volunteer home, 1770.

Gettysburg-

Burial of soldiers at, 1771.

Erection of monument at, 1772.
Jurisdiction over, 676, note.

Land by right of eminent domain, 1769.
Railroads, encroachments, 2121.
Right of way to, 2266, 2267.

Superintendents—

Jurisdiction over, 168, 1767.
Power of, to arrest, 1766.

Removal from office of, 1767.

Status of, 1767.

National guard:

Enlistment in Army, not a discharge from, 1281.

Loan of public property to, 2095.

Status of, in militia, 1729-1731.

National Home for Disabled Volunteer Soldiers:

Court-martial, 1038.

National military parks:

Purchase of land for, 2304.

National parks:

Private property, taxation, 2433.

National Soldiers' Home:

Forfeitures accruing to, 1384, note.

Natural waterways, 1493.

Naturalization: (See Citizenship.)
Enlistment, 1271.

Military service, 401, 421.

Service in Navy, 402.

Navigable waters: (See Navigation.)

Construction of fish weirs in, 1783, 1784.

Dumping in, 1786, 1787, 1794.

Floatable streams as, 1793.

Ice, harvesting of, on, 1795.

Laying water pipes on bed of, 1792.
License for use of soil under, 1605.
Not wholly within a State, 613–615.
Of a State, when rivers are, 614.
Of United States-

Distinguished from those of States, 1777.
What constitutes, 1777.

When rivers are, 614.

Property in bed and shore of, 613, 1488, note,

1559, 1773.

Removal by United States of fish nets, etc.,

from, 1711, 1712, 1781.

Right of conservation of, 613.

Toll, illegal levying on vessels, 1790.

Navigable waters-Continued.

Unrestricted grant to railroad includes author-

ity to bridge, 625.

Wholly within a State-, 613-616.

Legislation concerning, 615.

Navigation: (See Navigable waters and Obstruc-

tions to navigation.)

Authority of Secretary of War over, 1773-1775.
Bayonne Canal, N. J., subject to laws of, 1778.
Boom, construction of, 1784.

Bridges as obstructions to, 615, note, 617, 632-635,
638-640.

Dumping of deposits and ballast, 1786, 1787, 1794.
Erie and Atlantic basins, New York Harbor,
status of, 1786.

Establishing harbor lines in aid of, 1782, 1786,
1788.

Fish nets, etc., removal of, by United States, 1711,
1712, 1781.

Fish weirs, construction of, 1783, 1784.
Floatable streams as navigable waters, 1793.
Ice, harvesting of, 1795.

Improvement to, as affecting private rights,

1779.

Laying water pipes on bed of river, 1792.
Navigability of waters of United States, 1777.
Necessary obstructions to, 1497.

Obstructions to-, 1773-1777.

A criminal act, 1776.

Removal of, by Secretary of War, 1775.

Of canals, etc., rules and regulations for, 1493.
Permit to construct docks, etc., authority
under, 1785.

Power of Congress to legislate in regard to,
613, 616.

Power of conservation of, improvements to, 1780.
Property in beds and shores of navigable
waters, 613, 1488, note, 1559, 1773.
Punishment for obstruction of, 1774, 1775.
Secretary of War alone to determine as to
obstructions to, 635.

Toll, illegal levying on vessels, 1790.

Use of revetment by private parties, 1791.

Wrecks, removal of, 1774, 1789.

Naval cadet, 654 note, 658.

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Noncommissioned officer:

Appointment as second lieutenant, 411.
Appointment as commissary sergeant, 838.
Auctioneer for public stores, 2284.
Complaints of soldiers to, 839.

Date of warrant, 1798.

Lance sergeant not a, 411.

Not eligible, after discharge, for promotion, 426.

On detached service, appointment of, as second
lieutenant, 411.

Principal musician not a, 411.

Reduction to the ranks, 2149, 2150-2152.

Retention of warrants on reduction to ranks,

2150.

Suspension, 2423, note.

Violence, etc., to, how charged, 21.

Northern Pacific Railroad.

Right of way, 2261.

Notaries publle:

Acceptance of fees as, by clerk of War Depart-

ment, 807.

Enlisted men as, 1819.

Notice:

Acceptance of resignation, 2184, 2186-2188.
Action of reviewing authority, 2224, 2244.

Constructive, 1848, 1850, 1852.

Discharge, trial before, 1039.

Dismissal by sentence, 1197.

Personal and official, 1848-1850, 1852.

Removal of sunken vessel, 1789.

Notice to alter bridges, 632-634, 636–640:

Hearing of owners, 633, 634, 636, 637, 640.

Nurse, contract:

Claim for property lost on United States ship,
796.

Nurses:

Hospital Corps, 1452.

Trial of, 162.

Oath: (See Perjury.)

Administered by judge-advocates of depart-

ments, 1803.

Administration of, 1819.

To sureties on bonds, 540, 553.

Affidavits, before whom taken, 1800, 1802.
Authority to administer-, 1799-1803.

Given by statute only, 1799, 1800.
Board of survey can not administer, 532.

By members of military commission, 1679.

Courts of inquiry, members and recorder, 117
A. W.

False, 60 A. W.

Fee to officials not officers, 1801.

Judge-advocate, 85 A. W., 274.

Judge-advocate, noted in record, 2136ƒ, 2143.
Member of court-, 84 A. W.; 225-229.

Affirmed, 225.

As shown in record, 2136f, 2143.

Before civil courts, 84 A. W.; note.

Secrecy, 228, 229.

Of enlistment, 2 A. W.; 1251.

Of office-, 1804-1810.

Administered to persons in postal service, 1809.

As affecting term of service, 1810.

Oath-Continued.

Of office-Continued.

Authority to administer, 1808.

Modified or qualified form not authorized,
1806, 1807.

When and by whom taken, 1810.
Physician not requiring, 1805.

Profane, 53 A. W.
Reporter, 2169.

Witness, 92 A. W.; 274.

Obstructions to navigation:

By bridges, 615, note, 617, 632-635, 638, 639, 640.
Necessary, 1497.

Removal of, 1488, 1489.

Secretary of War alone to determine whether,

635.

Unauthorized, liability for, 1497.

Offenses:

Amenability under reenlistment for previous,

2153.

Capital-

As matter of aggravation in charge, 714.
Cession of jurisdiction over, 673, 674.
Civil and military trials for same, 306, 309.
In foreign country, jurisdiction over, 1041.
Instances of trial for same, 310-312.

Made punishable by Articles of War, 7, 8.
Manslaughter, 1633-1636.

Marriage of soldier not an, 1638.

Military, 1695.

Militiaman refusing to obey order of President,

1732.

Minor included in greater, 304.

Not chargeable as conduct prejudicial, etc., 160.
Not territorial, 169.

On reservations, 673, 693.

On United States transports in harbors, juris-
diction over, 759.

Spy, illustrations of, 2347-2349.

Surrender of, to civil authority-, 59 A. W.:

94-106.

Application for, 95, 100.

Triable by military commission, 1680-1684.
Trial for same by military and civil court, 1036.
Two trials for same, 102 A. W.; 303-313.
Office: (See Civil office.)

Adjutant-general of District of Columbia, 1830.
American Society of Civil Engineers, 1828.

Army officer not to hold civil, 1814-1817.
Assignment to, în Cuba and Porto Rico, 1836.
Assistant to Deputy Commissioner of Indian
Affairs, 1835.

Assistant to postmaster, 1833.

City and county, 1829.

City water engineer, 1817.

Commander of State militia, 1817.

Consulting engineer to State engineer, 1817.

County physician, 1817.

Defined, 1811, note.

Diplomatic or consular service, 1825, 1826.
Disqualification to hold, 1225. (See Disqualifi
cation.)

Office-Continued.

Distinction between office and employment,

1816.

Election of retired officer to, 2110, 2111.

Enlisted men holding, 1819.

Exercising functions of, 1816.

Function of regimental quartermaster not an,

419.

In Regular Army, term of, 397.

International Boundary Commission, 1832.

In Territory, 1824.

Master machinist, 1822.

Member of city council, 1821.

Not filled until accepted by appointee, 408,

note.

Oath of, 1804-1810.

Officer detailed by the President, 1818.

One person may legally hold two, 386, note, 843,
1812-1837.

Park commissioner, 1817.

Postmaster, officer acting as, 1833.

Professor of United States Military Academy,

1812.

Quartermaster employee, 1821.

Resignation of officer, 1825.

Retired enlisted men holding, 1820, 2220.

Retired officer appointed to, by the President,

2210, 2211.

Retired officer holding, 1813, 1823, 2202, 2210-
2211.

River commission, 1827.

Sons of Veterans, United States of America, 1834.
Tenure of, in Regular Army, 2160.

The World's Exposition, 1831.

Trustee Cincinnati Southern Railroad, 1817.
Vacating, by accepting another, 1812, 1813-1818,

1822, 1825-1827, 1831-1833, 1835.

Work for State or municipality not, 1818.
World's Columbian Commission, 1831.
Officer:

Absence without leave, how charged, 377, note.
Absent from special muster, 1841.
Absent without authority, 1848.

Accepting compensation from private parties,
etc., 144.

Accepting presents from foreign governments,
1375, note.

Accountability of, for property, after separation
from service, 383.

Acting judge-advocate, 1854.

Adjutant-general of District of Columbia, 1830.
Advancements, 1927.

Allowances as college professors, 1915.

Amenability of, to injunction of State court, 743.
Amenability of, to suit or process of Territorial
courts, 741.

Amenability to trial for releasing United States
prisoners, 745.

American Society of Civil Engineers, 1828.
Appointment of-, 2370, 2373, 2407.

From supernumerary list, 2407.

Not vested in Congress, 2373.

Guardian over, for drunkenness, 1040.
Volunteer, 431-433.

Officer-Continued.

Appropriation by Congress to defray amount of
judgment against, 746.

Army, seizure of public property illegally dis-

posed of, 2273, 2275.

Arrest of, 65 A. W.; 503.

As counsel for accused, 985–990.

As surety, 536.

Assaulting, beating, etc., wife by, 140.
Assignment of-

On promotion, 2072.

Pay account, 1892, note.

To office in Cuba and Porto Rico, 1836.
Assistant to Deputy Commissioner of Indian
Affairs, 1835.

Assistant to postmaster, 1833.

Attachment of property of, 738, 739.

Attempting subornation of perjury by, how
charged, 125.

Attempting to induce officer to join in fraud,
how charged, 125.

Attending courts, traveling expenses of, 447.
Awaiting retirement, allowances, 1952.
Bigamy, 139.

Change of date of commission, 2071.

Change of record of, after dismissal, 1206.
City water engineer, 1817.
Civilian, restoration as, 1869.

College professors, allowance, 1915.
Columbian Commission, 1831.

Commander of State militia, 1817.
Commanding-

Approval of sentence by, 104, 109 A. W.; 323-
335.

Order of, 1853.
Commission-

Acceptance of, 408.

Date from which it takes effect, 408.
Commutation of quarters for, residing at Na-
tional Soldiers' Home, 2332.

Constructively mustered in, 1840.

Consulting engineer to State engineer, 1817.
Contract surgeon not an, 384, 385, 388, note.
Counsel-

To defend in civil proceedin 975.
To prosecute claim against U.S., 976.

County physician, 1817.

Date of commencement of pay of, 408.
De facto, 1215, 1216, 1840, 1841.
De jure, 1841.

Deceased-

Effects, accountability for, 127 A. W.; 373.
Effects, inventory of, 125 A. W.
Interment of, 1954, 1955.

Pardon of, 1866 note.

Deficiency of or damage to property, 1839.

Defining term civil office, 1817.

Depriving of sword of, 65 A. W.
Detail-

At colleges, 829–836.

By the President, 1818.

Upon militia courts, 1838.

Diplomatic or consular service, 1825, 1826.
Disability, 1841.

Offcer-Continued.

Dismissal of-, 99 A. W., 106 A. W., 107 A. W.;
336-338, 1841, 2320.

By appointment of successor, 1206–1209.

By order, does not disqualify to hold, 1212.

For breach of arrest, 65 A. W.; 170, 174.
Forfeiture, 1393.

Restoration after, 2042.

Retirement or resignation, 2294.

Drunk, disorderly, etc., how charged, 129, 130.
Duplication of pay accounts, 145–147.

Duty of, in arresting civilians, 519.

Effect of retirement on promotion, 2075.

Employment by city, State, or municipality,
1818, 1829.

Engineer, assignment of, on Débris Commission,
1249.

Erroneous payments, stoppage, 2386.
Examination-

For Ordnance Corps, 1863.

For promotion of, 1318–1320.

Exercising functions of office, 1816.
Expenses of clerk of, 813.

Failure of, to support wife and children, 141.
False-

Report, etc., by, how charged, 124, 125.
Representations by, 134.
Swearing, 1985.

Families of, allowances, 1918.

Forfeiture of pay, 1902, 1903.

Former, restoration of, 2370, 2372, 2373.

Fraudulent divorce proceedings by, 141.

Fugitive from justice, 1876.

Gambling with enlisted men, etc., how charged,

131.

General, confirmation of sentence of, 108 A. W.

Harsh treatment of inferiors, 1875.

Holding civil office-, 1814-1816.

In a Territory, 1824.

Two offices, 1812, 1815, 1816-1837.

Honorable discharge to dismissed, 2368.

How deprived of pay, 1896.

In charge of post exchange, 2006-2008, 2016, 2017.

In distant hospital, 1848.

Inferior, appointment of, 410.

International Boundary Commission, 1832.
Immune, rank of, 2131.

Insane, tender of resignation, 2186.

Issuance-

Of commission of prior date, 2363.

Of new commission, 2071.

Killing of soldiers by, 1634-1636.

Lance sergeant not a noncommissioned, 411.
Liability-

For payment on forged voucher, 1410.

For subsistence stores, 2388.

To taxation, 2426-2428.

To trial for State penal offenses, 754.

Loss of rank or files, 1626-1632.

Manslaughter by, 1633-1636.

Marine, with Regular Army officers on courts,
78 A. W.

Marine-Hospital Service, Hot Springs Hospital,

1455.

Omeer-Continued.

Medical, 1658-1661. (See Medical officer.)
Mileage of, 1669-1676.

Militia-

Appointment of, 1734, 1736.
Rank, 124 A. W.

Trial of, after separation from service. 118.
Moneys deposited with, for safe-keeping, 2375.
Mounted, pay of, 1909, 1926.

No power to solemnize marriage, 1637.
No vested right in promotion, 2071.
Noncommissioned-

Appointment of, as second lieutenants, 411.
Illegal sentence, 2152.

In desertion, reduction to ranks, 2151.
Power of, to receive complaints, 839.
Principal musician not a, 411.
Reduction to the ranks, 2149, 2150-2152.
Staff, appointment of clerk as, 811.
Not entitled to demand arrest, 502.
Notice of order to, 1848, 1850, 1852.

On United States transports, summons served

on, 760.

Order, when operative, 1848-1850, 1852.
Pardon-

Constructive, 1873.

Grounds for recommending, 1875, 1876.
Of deceased, 1866, note.

Park commissioner, 1817.

Pay-

Accrued, 1895.

As acting judge-advocate, 1854.
Awaiting orders, 1906.

Awaiting sentence, 1896.

Deceased, 1839.

In arrest, 1896.
Increase, 1907.

Prior to muster, 1840.

Prior to appointment or muster in, 1895.
Reduction of, 1262.

Restoration of, 1869, note.

Separated from service, 1895.

Stopped, 1841.

Penalty envelopes, 1973, 1975, 1976, 1980.

Postmaster, 1833.

Preferring charge, interpreter, 1519.

Principal musician not a noncommissioned, 411.
Prisoner with enemy, 1848, 1852.

Privileged communications, 1843.

Professor United States Military Academy, 1812.
Promotion of-, 2067-2072, 2075-2077.

Enlisted man to, 2073, 2074.

In case of disability, 2067, 2075,
Under sentence, 1873.

While member of court, 1666, note.

Property accountability of, 10, 15 A. W.; 380–383.

Power of the President to dismiss, 1210.

Publication of improper statement, 2356.

Publishing of, for cowardice or fraud, 100 A. W.;

301, 302.

Rank-, 123 A. W.; 408, 409, 2122, 2128, 2131.
Affected by consolidation, 2128.
Fixed by appointment, 2122.

Of volunteer and regular, 123 A. W.

Officer-Continued.

Readmission of separated, 2042.
Reappointment of dismissed, 1883, 2373.
Receiving prisoners, 67, 68 A. W.
Redress of wrongs of, 29 A. W.; 36.
Reduction to the ranks, 2148.
Regular-

On what courts may sit, 77 A. W.; 208, 209.
With marine officers on courts, 78 A. W.
Relations between company commander and
noncommissioned, 839.

Relative rank, 408, 409, 2124–2129.

Release from arrest before trial, 71 A. W.; 178.

Release of prisoners by, 69 A. W.

Relieved as acting judge-advocate, 1854.
Remitting money or pay by mail, 1972.
Remuneration for services, 1840.

Rendering service to foreign power, 1375.
Residence of-, 2177, 2178, 2180-2182.

Minor child of, 2180, 2181.

Resignation of, 1825, 1895.
Restoration-

After dismissal, 1199, 1200, 1202, 1214, 1215, 1216,
1841, 1869, 2367-2369, 2373.

Of pay, 1869.

Of resigned, 2042.

Of retired, 2042.

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Taxation of, 2179. (See Tar.)

Term as used in Articles of War means commis-
sioned officer, 16.

The World's Exposition, 1831.

To keep good order in commands, 54 A. W.
To subscribe to Articles of War, 1 A. W.
Transfer-

From Volunteer to Regular Army, 432.
Rank affected by, 2127.

To supernumerary list, 2407.

Transportation of remains of, 479.
Trial by-

Inferior, 79 A. W.; 210, 211.

Military and civil court for same offense, 1036.
Trustee Cincinnati Southern Railroad, 1817.
Unassigned, dismissal of, 1217.

Upon civil work, allowances, 1916.

Use by United States of patent of, 1887.
Vacating office, 1841. (See Office.)
Volunteers-

Appointment of regimental, 431.

Contracts, 957.

Date of muster out of, 1154.

Discharge, 2452.

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