eligible to admission to the home as it deems advisable and best for the public service. Sec. 1, act of June 5, 1920 (41 Stat, 905); U. S. O. 24: 132. 1162. Same; jurisdiction over. All inmates of the National Home for Disabled Volunteer Soldiers shall be subject to the rules and articles of War, and in the same manner as if they were in the Army. R. §. 4835; U. S. O. 24: 137. Notes of Decisions Enforcement of discipline.-The provision that all inmates shall be subject to the rules and Articles of War in the same manner as if they were in the Army is designed, and can have force only for the management and preservation of discipline. Within legitimate exercise there can be no interference with that management by the civil authorities, and any inquiry would probably be exclusively of Federal cognizance. In re Kelly (C. C. 1895), 71 Fed. 545. Under this section and sec. 1134, ante, the governor of the home, to maintain discipline, may promulgate such special orders as he deems proper, including the right to forbid the inmates to frequent a public place, where they are permitted to obtain liquor, or are afforded degrading and immoral amusements, or exposed to improper temptations. Rowan v. Butler (Ind. 1908), 85 N. E. 714. Where the governor of the soldiers' home, within the scope of his authority, prohibited members of the home from entering complainant's restaurant, described in the order as a "saloon," the making and enforcement of such order was not actionable by complainant, unless false in substance and promulgated and enforced by defendants with knowledge of its falsity and with malice. Id. For right to make regulations for a State home, see Ellis v. McAllister, (1925), 129 S. E. 138. Inmates' right to vote.-Act of Mar. 21, 1866 (14 Stat. 10), provides for the estab * lishment of a national military asylum for the relief of disabled volunteers of the United States Army. Const., art. 1, see. 8, subsec. 17, declares that Congress shall have power to exercise exclusive legislation over all places purchased by consent of the State for the erection of forts and other needful buildings. The State of Tennessee granted its consent to the acquisition, by the National Home for Disabled Volunteer Soldiers, of certain lands for the establishment of a branch of such home, providing that the act should not be construed to deny to inmates, who were qualified voters of the State, the right to vote. Const. Tenn. 1870, art. 4, provides that a voter shall be a citizen of the United States and a resident of the State for 12 months and of the county wherein he offers to vote for six months, preceding the day of election. Held that, the United States having exclusive jurisdiction over the land on which such branch home was erected, the inmates thereof, not being residents of the State, were not legal voters at elections therein. State v. Willett (Tenn. 1906), 97 S. W. 299. Persons employed in the National Home for Disabled Volunteer Soldiers, and inmates working therein, who have homes and families outside the grounds where they spend their nights, being residents of the State, and otherwise qualified, are en titled to vote. Id. 1163. Same; transfer.-* Provided, That in the event that buildings at any branch of the home shall be destroyed by fire or rendered unfit for habitation because of pestilence or by the elements, then and in that event the Board of Managers shall have authority to remove the members of said branch so afflicted or destroyed to any other branch not so affected, and to do this they may use any funds appropriated for the home, notwithstanding they may have been specifically appropriated for other purposes, to the extent that such funds shall be necessary to effect such a transfer and the maintenance and support thereafter of said members so transferred, and shall report their doings therein to the Congress and their expenditures as in other cases of expendi tures: Provided further, That the appropriations for any fiscal year shall not be exceeded. R. S. 4833, as amended by Act of Aug. 23, 1894 (28 Stat. 492); U. S. C. 24: 133. This section as amended made an exception to R. S. 3678, post, 1702, which required appropriations to be applied solely to the objects for which they were made. 1164. Same; uniform.And provided further, That officers and members of the National Home for Disabled Volunteer Soldiers may, regardless of the preceding provisions of said Act, wear such uniform as the Secretary of War may authorize. Sec. 125, act of June 3, 1916 (39 Stat. 217), as amended by sec. 10, Chap. XVII, act of July 9, 1918 (40 Stat. 892); U. S. C. 10: 1393. The “said act” mentioned above refers to the national defense act of June 3, 1916. 1165. Same; care of insane.-The Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in California, in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Sec. 1, act of Mar. 3, 1901 (31 Stat. 1163); U.S. C. 24: 197. 1166. Same; disposition of estates.-Hereafter the application of any person för membership in the National Home for Disabled Volunteer Soldiers and the admission of the applicant thereunder shall be and constitute a valid and binding contract between such applicant and the Board of Managers of said home that on the death of said applicant while a member of such home, leaving no heirs at law nor next of kin, all personál property owned by said applicant at the time of his death, including money or choses in action held by him and not disposed of by will, whether such property be the proceeds of pensions or otherwise derived, shall vest in and become the property of said Board of Managers for the sole use and benefit of the post fund of said home, the proceeds to be disposed of and distributed among the several branches as may be ordered by said Board of Managers, and that all personal property of said applicant shall, upon his death, while a member, at once pass to and vest in said Board of Managers, subject to be reclaimed by any legatee or person entitled to take the same by inheritance at any time within five years after the death of such member. The Board of Managers is directed to so change the form of application for membership as to give reasonable notice of this provision to each applicant and as to contain the consent of the applicant to accept membership upon the conditions herein provided. Sec. 1, act of June 25, 1910 (36 Stat. 736), making appropriations for sundry civil expenses; U. S. C. 24; 136. 1167. State soldiers' homes; Federal aid.-That all States or Territories which have established, or which shall hereafter establish, State homes for disabled soldiers and sailors of the United States who served in the Civil War or in any previous or subsequent war who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, provided such disability was not incurred in service against the United States, shall be paid for every such disabled soldier or sailor who may be admitted and cared for in such home at the rate of $120 per annum. The number of such persons for whose care any State or Territory shall receive the said payment under this Act shall be ascertained by the Board of Managers of the National Home for Disabled Volunteer Soldiers under such regulations as it may prescribe, but the said State or Territorial homes shall be exclusively under the control of the respective State or Territorial authorities, and the Board of Managers shall not have nor assume any management or control of said State or Territorial homes. The Board of Managers of the National Home shall, however, have power to have the said State or Territorial homes inspected at such times as it may consider necessary, and shall report the result of such inspections to Con gress in its annual report: Provided, That no State shall be paid a sum exceeding one-half the cost of maintenance of each soldier or sailor by such State: Provided further, That one-half of any sum or sums retained by State homes on account of pensions received from inmates shall be deducted from the aid herein provided for. * * * Provided further, That for any sum or sums collected in any manner from inmates of such State or Territorial homes to be used for the support of said Homes a like amount shall be deducted from the aid herein provided for, but this proviso shall not apply to any State or Territorial home into which the wives or widows of soldiers are admitted and maintained. Sec. 1, act of Aug. 27, 1888 (25 Stat. 450), as amended by act of Jan. 27, 1920 (41 Stat. 399) ; U. S. C. 24: 134. A proviso to prevent aid to State or Territorial homes where intoxicants were sold is omitted. The provision of the last paragraph of the text has been continued, with varying amounts, in the War Department appropriation acts under "National Home for Disabled Volunteer Soldiers." See, for example, the War Department appropriation act of Feb. 28, 1929 (45 Stat. 1385). 1168. Temporary home for ex-soldiers and sailors in the District of Columbia; admission.-Union ex-soldiers, sailors, or marines of the Civil War, ex-soldiers, sailors, or marines of the Spanish War, Philippine insurrection, or China relief expedition and soldiers, sailors, or marines of the World War or who served prior to July 2, 1921, shall be admitted to the home, all under the supervision of a board of management. Sec. 1, act of Feb. 25, 1929 (45 Stat. 1293), making appropriations for the District of Columbia. A similar provision has appeared in prior appropriation acts. The United States Military Academy was established in pursuance of authority conferred by the act of Mar. 16, 1802 (2 Stat. 137), which contained a requirement authorizing the President to establish a Corps of Engineers: "The said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy." Secs. 26 and 27, act of Mar. 16, 1802 (2 Stat. 137). The post of West Point ceased to be an Engineer station and the control of the Military Academy was transferred from the Chief of Engineers to such officer or officers as the Secretary of War may assign to that duty by the act of July 13, 1866 (14 Stat. 92). 1169. Supervision. The supervision and charge of the academy shall be in the War Department, under such officer or officers as the Secretary of War may assign to that duty. R. S. 1331; U. S. C. 10: 1041. Notes of Decisions Regulations.-The regulations of the Military Academy may be altered by the Secretary of War, with the approval of the President. (1821) 1 Op. Atty. Gen. 469. Disposition of property.-This section has a special and partial purpose and gives no authority to dispose of the use of property. (1897) 21 Op. Atty. Gen. 537. Jurisdiction over reservation.-The United States has exclusive jurisdiction over the military reservation at West Point, N. Y., 1170. Command.-The superintendent, and, in his absence, the next in rank, shall have the immediate government and military command of the Academy, and shall be commandant of the military post of West Point. R. S. 1311; U. S. C. 10: 1042. Notes of Decisions Residents and visitors at the academy.— No person can be entitled, as a matter of right, to enter within the limits of this post unless he be authorized to do so by the laws of the United States, or by some officer having authority under the law to grant permission to enter such limits. The superintendent of the academy, as commandant of this post, has a general authority to prevent any person in civil life residing permanently or temporarily at the post, or occasionally resorting to the post, from interrupting its discipline, or obstructing in any way the performance of the duties assigned by law to the officers and cadets. In the exercise of a sound discretion, the commandant of the post may therefore order from it any person not attached to it by law whose presence is, in his judgment, injurious to the interests of the academy. And in case any person so ordered shall refuse to depart, after reasonable notice and within a reasonable time, having regard to the circumstances of the case, the superintendent may lawfully remove him by force. (1837) 3 Op. Atty. Gen. 268. When, however, the United States has leased a dwelling house within the post belonging to it to an individual, it has no greater right than an individual would have in respect to the ejectment of the lessee. Id. No person has the right to enter the limits of the post of West Point, not even to visit the post office there, unless specially authorized by the laws of the United States or by some officer having authority to grant permission, Id. 1171. Board of visitors; composition and duties.-That hereafter the Board of Visitors to the United States Military Academy shall consist of five members of the Committee on Military Affairs of the Senate, two members of the Committee on Appropriations of the Senate, seven members of the Committee on Military Affairs of the House of Representatives, and five members of the Committee on Appropriations of the House of Representatives, to be appointed by the respective chairmen thereof; the members so appointed shall visit the United States Military Academy at least once annually at such time or times as the chairmen of said committee shall appoint, and the members from each of said committees may visit said academy together or separately as the respective chairmen of said committees may elect; and the superintendent of the academy |