penses would have been lawful claims against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services, but no reimbursement shall be made of such expenses incurred prior to July 1, 1910. Act of March 9, 1928 (45 Stat. 251); U. S. C. 10: 916. Provided, That hereafter the heads of departments shall not authorize any expenditure in connection with transportation of remains of deceased employees, except when otherwise specifically provided by law. Sec. 1, act of June 7, 1897 (30 Stat. 86); U. S. C. 5: 103.

*

860. Same; members of National Guard, Officers' Reserve Corps, and military training camps.-* *If the death of any person mentioned herein occurs while he is undergoing the training or hospital treatment contemplated by this section, the United States shall, under regulations prescribed as aforesaid, pay for burial expenses and the return of the body to his home a sum not to exceed $100. Sec. 6, act of Mar. 4, 1923 (42 Stat. 1508), as amended by sec. 4, act of June 3, 1924 (43 Stat. 365), as amended by act of Apr. 26, 1928 (45 Stat. 462); U. S. C. 10: 455; 32: 164.

861. Same; veterans of any war.-* Where a veteran of any war, including those women who served as Army nurses under contracts between April 21, 1898, and February 2, 1901, who was not dishonorably discharged, dies after discharge or resignation from the service, the director, in his discretion and with due regard to the circumstances of each case, shall pay for burial and funeral expenses and the transportation of the body (including preparation of the body) to the place of burial, a sum not exceeding $107 to cover such items and to be paid to such person or persons as may be fixed by regulations: Provided, That when such person dies while receiving from the bureau compensation or vocational training the above benefits shall be payable in all cases: Provided further, That where such person, while receiving from the bureau medical, surgical, or hospital treatment, or vocational training, dies away from home and at the place to which he was ordered by the bureau, or while traveling under orders of the bureau, the above benefits shall be payable in all cases and in addition thereto the actual and necessary cost of the transportation of the body of the person (including preparation of the body) to the place of burial, within the continental limits of the United States, its Territories, or possessions, and including also, in the discretion of the director, the actual and necessary cost of transportation of an attendant: Provided further, That no accrued pension, compensation, or insurance due at the time of death shall be deducted from the sum allowed: Provided further, That the director may, in his discretion, make contracts for burial and funeral services within the limits of the amounts allowed herein without regard to the laws prescribing advertisement for proposals for supplies and services for the United States Veterans' Bureau: And provided further, That section 5, title 41, of the United States Code, shall not be applied to contracts for burial and funeral expenses heretofore entered into by the director so as to deny payment for services rendered thereunder, and all suspensions of payment heretofore made in connection with such contracts are hereby removed, and any and all payments which are now or may hereafter become due on such contracts are hereby expressly authorized: And provided further, That no deduction shall be made from the sum allowed because of any contribution toward the burial which shall be made by any State, county, or municipality, but the aggregate of the sum allowed plus such contribution or contributions shall not exceed the actual cost of the burial. Sec. 201(1), act of June 7, 1924 (43 Stat. 617), as amended by sec. 7, act of Mar. 4, 1925 (43 Stat. 1305), sec. 8, act of July 2, 1926 (44 Stat. 794), and soc. 7, act of May 29, 1928 (45 Stat, 966); U. S. C. 38: 472.

862. Same; beneficiaries of the Veterans' Bureau.-If death occur or shall have occurred subsequent to April 6, 1917, and before discharge or resignation from the service, the United States Veterans' Bureau shall pay for burial and funeral expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulation. Sec. 201(1), act of June 7, 1924 (43 Stat, 617), as amended by sec. 7, act of March 4, 1925 (43 Stat. 1305), sec. 8, act of July 2, 1926 (44 Stat. 794), and sec. 7, act of May 29, 1928 (45 Stat. 966); U. S. C. 38: 472.

* * *

863. Estates of deceased Army personnel.-Hereafter, in the settlement of the accounts of deceased officers or enlisted men of the Army, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly appointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence: First, to the widow; second, if decedent left no widow, or the widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to the father and mother in equal parts, provided the father has not abandoned the support of his family, in which case to the mother alone; fourth, if either the father or mother be dead then to the one surviving; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes: Provided, That this act shall not be so construed as to prevent payment from the amount due the decedent's estate of funeral expenses, provided a claim therefor is presented by the person or persons who actually paid the same before settlement by the accounting officers. Act of June 30, 1906 (34 Stat. 750), making appropriations for sundry civil expenses; U. S. C. 10: 868.

See also A. W. 112, ante, 470.

864. Transportation of mounts of deceased officers.-That hereafter, under such regulations as the Secretary of War may prescribe, authorized mounts of officers who die in the service may, within ninety days after the death of the Officer, be transported at public expense from their last duty station to such places within the limits of the United States as may be the home of their families, or as may be designated by their legal representatives or executors, or such mount may be disposed of as directed by such representatives or executors. Chap. XVIII, act of July 9, 1918 (40 Stat. 892), making appropriations for the support of the Army; U. S. C. 10: 810.

865. Transportation of baggage of deceased civilian employees.-That hereafter, under such regulations as the Secretary of War may prescribe, transportation at public expense may be provided for the baggage of civilian employees who die in the service from their last duty station to such places within the limits of the United States as may be the home of their families, or as may be designated by their legal representatives or executors. Chap. XVIII, act of July 9, 1918 (40 Stat. 892); U. S. C. 10: 822.

866. Heads of departments; duties.-Each head of a department, chief of a bureau, or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the preceding section, examine the facts stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report. R. S. 175; U. S. C. 5: 25.

For preceding section, see 629, ante.

867. Same; succession to Presidency.-That in case of removal, death, resignation, or inability of both the President and Vice President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster General, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice President is removed

or a President shall be elected: Provided, That whenever the powers and duties of the office of President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting. Sec. 1, act of Jan. 19, 1886 (24 Stat. 1); U. S. C. 3: 21.

That the preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitution, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. Sec. 2, act of Jan. 19, 1886 (24 Stat. 2); U. S. C. 3: 22.

868. Heads of departments and chiefs of bureaus; filling of temporary vacancies. In case of the death, resignation, absence, or sickness of the head of any department, the first or sole assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. R. S. 177; U. S. C. 5: 4.

In case of the death, resignation, absence, or sickness of the chief of any bureau, or of any officer thereof, whose appointment is not vested in the head of the department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. R. S. 178; U. S. C. 5: 5.

In any of the cases mentioned in the two preceding sections, except the death, resignation, absence, or sickness of the Attorney General, the President may, in his discretion, authorize and direct the head of any other department or any other officer in either department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease. R. S. 179; U. S. C. 5:6.

A vacancy occasioned by death or resignation must not be temporarily filled under the three preceding sections for a longer period than thirty days. R. S. 180, as amended by act of Feb. 6, 1891 (26 Stat. 733); U. S. 0. 5: 7.

No temporary appointment, designation, or assignment of one officer to perform the duties of another, in the cases covered by sections oue hundred and seventy-seven and one hundred and seventy-eight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. R. S. 181; U. S. C. 5: 8.

An officer performing the duties of another office, during a vacancy, as authorized by sections one hundred and seventy-seven, one hundred and seventy-eight, and one hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that attached to his proper office. R. S. 182; U. S. C. 5: 9. During the absence of the Quartermaster General, or the chief of any military bureau of the War Department, the President is authorized to empower some officer of the department or corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster General, or chief of the department or corps, as the case may be, during such absence. R. S. 1132, as amended by act of Feb. 27, 1877 (19 Stat. 242); U. S. C. 10: 7.