239. Marking graves of civilians in post cemeteries.—For supplying stone markers for civilian graves in post cemeteries dollars.-Act of Apr.

28, 1904 (33 Stat., 496).

*

240. Marking graves of Confederates who died in Federal prisons and military hospitals in the North.-That the Secretary of War be, and he is hereby, authorized and directed to ascertain the locations and condition of all the graves of the soldiers and sailors of the Confederate Army and Navy in the late Civil War, eighteen hundred and sixty-one to eighteen hundred and sixty-five, who died in Federal prisons and military hospitals in the North and who were buried near their places of confinement; with the power in his discretion to acquire possession or control over all grounds where said prison dead are buried not now possessed or under the control of the United States Government; to cause to be prepared accurate registers in triplicate, one for the superintendent's office in the cemetery, one for the Quartermaster General's office, and one for the War Record's Office, Confederate archives, of the places of burial, the number of the grave, the name, company, regiment, or vessel, and State of each Confederate soldier and sailor who so died, by verification with the Confederate archives in the War Department at Washington, District of Columbia; to cause to be erected over said graves white marble headstones similar to those recently placed over the graves in the "Confederate section in the national cemetery at Arlington, Virginia, similarly inscribed; to build proper fencing for the preservation of said burial grounds, and to care for said burial grounds in all proper respects not herein specifically mentioned, the said work to be completed within two years, at the end of which a report of the same shall be made to Congress. That for the carrying out of the objects set forth herein there be appropriated out of any money in the Treasury of the United States not otherwise apropriated the sum of two hundred thousand dollars, or so much thereof as may be necessary. And the Secretary of War is hereby authorized and directed to appoint some competent person as commissioner to ascertain the location of such Confederate graves not heretofore located, and to compare the names of those already marked with the registers in the cemeteries, and correct the same when found necessary as preliminary to the work of marking the graves with suitable headstones, and to fix the compensation of said commissioner at the rate of not to exceed two thousand five hundred dollars per annum, who shall be allowed necessary traveling expenses.--Act of Mar. 9, 1906 (34 Stat., 56).

241. Same, extended, fiscal year 1915.-That the act entitled "An act to provide for the appropriate marking of the graves of soldiers and sailors of the Confederate Army and Navy who died in northern prisons and were buried near the prisons where they died, and for other purposes," approved March ninth, nineteen hundred and six, and continued in full force and effect for two years by joint resolution approved February twenty-sixth, nineteen hundred and eight, and for the additional period of one year by a joint resolution approved February twenty-fifth, nineteen hundred and ten, and for the further additional period of two years by a joint resolution approved December twenty-third, nineteen hundred and ten, is continued in full force and effect for two years from this date; and the unexpended balance of the appropriation made by said act of March ninth, nineteen hundred and six, is continued and made applicable for expenditure during the additional period of two years herein provided for: Provided, That hereafter the provisions of said act shall include and apply to the graves of Confederate soldiers and sailors lying in all national cemeteries 49392-18- 4*

and cemeteries at Federal military stations, or localities throughout the country: Provided further, That the compensation of the commissioner shall be fixed by the Secretary of War.-Act of Mar. 14, 1914 (38 Stat., 768).

242. Same, extended, fiscal year 1917.-That the act entitled "An act to provide for the appropriate marking of the graves of the soldiers and sailors of the Confederate Army and Navy who died in northern prisons and were buried near the prisons where they died, and for other purposes," approved March ninth, nineteen hundred and six; and continued in full force and effect for two years by joint resolution approved February twenty-sixth, nineteen hundred and eight; and for the additional period of one year by a joint resolution approved on February twenty-fifth, nineteen hundred and ten; and for the additional period of two years by a joint resolution approved December twenty-third, nineteen hundred and ten; and for the further additional period of two years by a joint resolution approved March fourteenth, nineteen hundred and fourteen, be, and the same is hereby, continued in full force and effect for two years from the expiration of the present continuation, March thirteenth, nineteen hundred and sixteen; and the unexpended balance of the appropriation made by said act of March ninth, nineteen hundred and six, is continued and made applicable for expenditure during the additional period of two years herein provided for: Provided, That the triplicate registers provided for in the original act shall include the time and place of death of each Confederate soldier prisoner of war: Provided further, That the compensation of the commissioner shall be fixed by the Secretary of War.-Act of Apr. 17, 1916 (39 Stat., 52).

243. Monuments or tablets in Cuba and China. For marking the places where American soldiers fell and were temporarily interred in Cuba and China. ** * * dollars, said sum to be immediately available.-Act of Mar. 3, 1905 (33 Stat., 1196).

*

244. For marking the places where American soldiers fell and were temporarily interred in Cuba and China, * * dollars, said sum to be immediately available.-Act. of Mar. 2, 1907 (34 Stat., 1175).

245. For repairs and preservation of monuments, tablets, roads, fences, and so forth, made and constructed by the United States in Cuba and China to mark the places where American soldiers fell, dollars.-Act of Aug. 24,

* *

1912 (37 Stat., 441).

INTERMENTS.

246. Honorably discharged soldiers, sailors, and marines.—All soldiers, sailors, or marines, dying in the service of the United States, or dying in a destitute condition, after having been honorably discharged from the service, or who served during the late war, either in the regular or volunteer forces, may be buried in any national cemetery free of cost. The production of the honorable discharge of a deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment.-Sec. 4878, R. S., as amended by act of Mar. 3, 1897 (29 Stat., 625).

247. Honorably discharged Army nurses.-Army nurses, honorably discharged from their service as such may be buried in any national cemetery, and, if in a destitute condition, free of cost. The Secretary of War is authorized to issue certificates to those Army nurses entitled to such burial.—Ibid.

248. Arlington National Cemetery or cemeteries of District of Columbia.For expenses of burying in the Arlington National Cemetery, or in the cemeteries of the District of Columbia, indigent ex-Union soldiers, ex-sailors or ex-marines of the United States service, either regular or volunteer, who have been honorably discharged or retired and who die in the District of Columbia, to be disbursed by the Secretary of War, at a cost not exceeding forty-five dollars for such burial expenses in each case, exclusive of cost of grave, three thousand dollars, one-half of which sum shall be paid out of the revenues of the District of Columbia.--Act of Mar. 4, 1907 (34 Stat., 1346).

249. Little Rock, Arkansas, National Cemetery.-For expenses of burying in the Little Rock, Arkansas, National Cemetery, including transportation thereto, indigent ex-soldiers, ex-sailors, or ex-marines of the United States service, either regular or volunteer, who have been honorably discharged or retired and who die while patients at the Army and Navy General Hospital, Hot Springs, Arkansas, to be disbursed by the Secretary of War, at a cost not exceeding thirty-five dollars for such burial expenses in each case, exclusive of cost of grave.--Act of June 25, 1910 (36 Stat., 724).

250. Officers and men of the Revenue-Cutter Service.-Officers and men of the Revenue-Cutter Service dying in the service of the United States, or dying in a destitute condition after having been honorably discharged from the service, may be buried in any national cemetery free of cost, under the regulations now or hereafter provided for the burial of officers and men of the Army in national cemeteries.-Act of Mar. 4, 1911 (36 Stat., 1389).

JURISDICTION-CRIMINAL OFFENSES.

251. United States to have jurisdiction over.--From the time any State legislature shall have given, or shall hereafter give, the consent of such State to the purchase by the United States of any national cemetery, the jurisdiction and power of legislation of the United States over such cemetery shall in all courts and places be held to be the same as is granted by section eight, article one, of the Constitution of the United States; and all provisions relating to national cemeteries shall be applicable to the same.-Sec. 4882, R. S.

252. Penalty for defacing.-Every person who willfully destroys, mutilates, defaces, injures, or removes any monument, gravestone, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national cemetery, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than twenty-five dollars, and not more than one hundred, or by imprisonment for not less than fifteen days and not more than sixty. The superintendent in charge of any national cemetery is authorized to arrest forthwith any person engaged in committing any misdemeanor herein prohibited, and to bring such person before any United States commissioner or judge of any district or circuit court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemeanor, and then and there shall make complaint in due form.-Sec. 4881, R. S.

ROADWAYS.

253. Repairing roadways constructed by special act of Congress.-For repairing the roadways to national cemeteries which have been constructed by special authority of Congress * * * dollars.-Act of Mar. 3, 1887 (24 Stat., 535).

254. Repairs to roadways restricted.-No part of this sum shall be used for repairing any roadway not owned by the United States within the corporate limits of any city, town, or village.-Act of Mar. 4, 1911 (36 Stat., 1399).

255. Single approach only permissible.—No part of any appropriation for national cemeteries or the repair of roadways thereto shall be expended in the maintenance of more than a single approach to any national cemetery.—Act of July 1, 1916 (39 Stat., 286).

256. Railroads not permitted upon right of way.-No railroad shall be permitted upon the right of way which may have been acquired by the United States to a national cemetery, or to encroach upon any roads or walks constructed thereon and maintained by the United States: Provided, That no part of this sum shall be used for repairing any roadway not owned by the United States within the corporate limits of any city, town, or village.-Annual appropriation acts.

257. Roadway to national cemetery conveyed to city of Springfield, Missouri.— The Secretary of War is authorized and directed to convey to the city of Springfield, Missouri, all the right and title of the United States in and to those portions of the Government approach roadway to the national cemetery near that city which lie within the present limits of said city, upon the condition that the portion of the roadway so conveyed shall be kept open and maintained without expense to the United States as a public street of the city of Springfield and be available for the use of the public as an approach to said cemetery, and that all expense incident to the conveyance herein authorized be borne by the city of Springfield.-Act of June 23, 1913 (38 Stat., 31).

SUPERINTENDENTS OF.

258. Porter's lodge to be erected; authority for appointment of superintendent. The Secretary of War shall cause to be erected at the principal entrance of each national cemetery a suitable building to be occupied as a porter's lodge; and shall appoint a meritorious and trustworthy superintendent to reside therein for the purpose of guarding and protecting the cemetery and giving information to parties visiting the same.-Sec. 4873, R. S.

259. Appointment of superintendent; qualifications, etc.-The superintendents of the national cemeteries shall be selected from meritorious and trustworthy soldiers, either commissioned officers or enlisted men of the Volunteer or Regular Army, who have been honorably mustered out or discharged from the service of the United States and who may have been disabled for active field service in the line of duty.-Sec. 4874, R. S.

260. Pay, etc., superintendents.-The superintendents of the national cemeteries shall receive for their compensation from sixty dollars to seventy-five dollars a month each, according to the extent and importance of the cemeteries to which they may be respectively assigned, to be determined by the Secretary of War, except the superintendent of the Arlington, Virginia, Cemetery, whose compensation may be one hundred dollars per month, at the discretion of the Secretary of War; and they shall also be furnished with quarters and fuel at the several cemeteries.-Sec. 4875, R. S., amended by act of July 30, 1912 (37 Stat., 240).

1

TRANSPORTATION AND BURIAL--EXPENSES OF.

261. Appropriation for.-To enable the Secretary of War, in his discretion, to cause to be transported to their homes the remains of officers and soldiers who die at military camps or who are killed in action, or who die in the field or hospital in Alaska, and at places outside of the limits of the United States, or who die while on voyage at sea, * dollars. Act of Apr. 28, 1904 (33 Stat., 496).

**

262. Reimbursing family, etc., for bringing home dead soldiers.-In all cases where an officer or an enlisted man in either the Army, Navy, Marine Corps of the United States, or contract surgeon or trained nurse in the employ of the Government, has died while on duty away from home since the first day of January, eighteen hundred and ninety-eight, and the remains have been taken home and buried at the expense of the family or friends of the deceased, the parties who paid the cost of transportation and burying such remains shall be repaid at the expense of the United States by the Secretary of the Treasury, not to exceed what it would have cost the United States to have transported the remains to their homes.-Act of Mar. 3, 1899 (30 Stat., 1225).

263. Appropriation for extended, fiscal year 1905.-For expenses of the interment of officers killed in action or who die when on duty in the field, or at military posts or on the frontiers, or when traveling under orders, and of noncommissioned officers and soldiers; and in all cases where such expenses would have been lawful claims against the Government, reimbursement may be made of expenses heretofore or hereafter incurred by individuals of burial and transportation of remains of officers, including acting assistant surgeons, not to exceed the amount now allowed in the cases of officers and for the reimbursement in the cases of enlisted men not exceeding the amount now allowed in their cases, may be paid out of the proper funds appropriated by this act, and the disbursing officers shall be credited with such reimbursement heretofore made; but hereafter no reimbursement shall be made of such expenses incurred prior to the twenty-first day of April, eighteen hundred and ninety-eight.-Act of Apr. 23, 1904 (33 Stat., 269).

264. Appropriation for extended, fiscal year 1911.--For the expenses of interment, or of preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, including acting assistant surgeons, and enlisted men of the Army active list; for the expenses of interment, or of preparation and transportation to their homes, of the remains of civil employees of the Army in the employ of the War Department, who die abroad, inclusive of Alaska, or on Army transports; for the expenses of removal of remains from abandoned posts to permanent military posts or national cemeteries, including the remains of Federal soldiers, sailors, or marines interred in fields or abandoned private and city cemeteries; and in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the Army who die on the active list are borne by individuals, where such expenses 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 to be paid out of the funds appropriated by this act, but no reimbursement shall be made under this act of such expenses incurred prior to the first day of July, nineteen hundred and ten.-Act of June 25, 1910 (36 Stat., 723).