of grave ceases, bodies are automatically disposed of. On the question whether the body may be removed to a national cemetery for burial under act of March 9, 1928 (45 Stat. 251), providing for removal of remains from "abandoned graves" to national cemeteries, Held, That when payment of rental of the grave in France ceases, it may be considered as "abandoned" within the meaning of the statute, and the body may be removed and transported to the United States for burial in a national cemetery, provided funds are available. 293.8, Nov. 18, 1929. WILLS 981. Every member of the forces should be told that in case of his death without a will his land will go to his wife and relatives in accordance with the laws of the State where the land is, and that his other property will go to his wife and relatives in accordance with the laws of the State where he himself is a permanent resident. He should be told also that the laws dividing estates of deceased persons are reasonable. Finally, he should be told that if he wishes to make his will he ought to consult some lawyer of his own State or the judge advocate of his division. As the requirements of the States vary greatly, no one form for executing and attesting wills can be framed. The number of witnesses varies from State to State, and there are a few States in which a seal is necessary, though even for those States it is enough to affix a wafer or a scrap of gummed paper, such as a piece of a postage stamp. The requirement most difficult to follow is the one found in most States to the effect that the testator's signature or mark must be affixed in the actual presence of each witness and that the witnesses must sign in his actual presence and in the actual presence of each other. The requirements in Louisiana are so intricate that no one but a Louisiana lawyer can superintend the making of a Louisiana will safely. The following form of will satisfies the legal requirements of all States except Louisiana: This is the last will of John Smith, of Cincinnati, Ohio, a private in Company A of the 750th Infantry. I revoke all other wills. I give to my wife, Henrietta Smith, one thousand dollars and the farm on which we live. I give to each of my children one hundred and fifty dollars. The rest of my property I give to my wife. I name my wife and William Smith executors of this will, without surety. Signed and sealed this 10th day of April, 1918, at Paris, France. Signed and sealed by John Smith in our presence, and by him declared to be his last will, this 10th day of April, 1918; in testimony whereof, at his request and in his presence and in the presence of each other, we do now sign as witnesses the day and year aforesaid. WILLIAM H. CLAY, Sergt., Company A, 750th Infantry, Corp., Company A, 750th Infantry, 18 Brown St., Dayton, O. HENRY S. WASHINGTON, Pvt., Company A, 750th Infantry, 99 Front St., Newport, Ky. See A. W. 112 and paragraph 28, AR 600-550, to the end that, upon the death of persons subject to military law, proper advice may be given to the officers concerned in securing the effects. 220.8, Mar. 11, 1918. A commission to take depositions of witnesses may issue to any officer available and designated under A. W. 114 for the purpose of proving a will executed Overseas. 210.8, Sept. 9, 1918. 72746-32- -31 CHAPTER 9 EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS Secs. 982-1003. IN GENERAL. 1004-1005. WAR DEPARTMENT. IN GENERAL Secs. 983-1002. OFFICIAL RECORDS. 1003. PUBLICATIONS. OFFICIAL RECORDS Secs. 982. CUSTODY. 983. DISPOSITION OF USELESS. 984--1062. FURNISHING INFORMATION FROM. CUSTODY 982. Medical Department personal records, M. M. D. Form 90, of psychiatric examinations are in the highest degree confidential and privileged, are Government property, and may not be examined by, or turned over to, private persons or institutions. Such cards are part of the War Department's official records, and the Secretary of War has no authority, as custodian thereof under R. S. 217, to transfer such records from his custody to a private organization without authority of Congress. They are Government property. Copies can not be furnished to private persons or corporations without consent of the respective examinees. They are confidential and privileged, and copy of examination, other than for departmental use, should not be allowed except by order of court. 702, July 24, 1919. DISPOSITION OF USELESS 983. The depot quartermaster at Chicago, Ill., requested that action be taken to dispose of certain records of the Judge Advocate's department stored at his depot. The act of February 16, 1889 (25 Stat. 672), as amended by the act of March 2, 1895 (28 Stat. 933), provides for the sale or disposition of files of papers, not of permanent value or historical interest, that have accumulated in any one of the executive departments of the Government or "in the various public buildings under the control of the several executive departments of the Government." Held, That this makes provision for the disposition of records on file in Washington, but as the quartermaster's department at Chicago is not a part of an executive department within the meaning of the law, the records in this case can not be disposed of in pursuance of said act. There is, therefore, no authority for disposing of these records unless they include records of regimental, garrison, or summary courts, the destruction of which is provided for by the act of March 3, 1877 (19 Stat. 310), and section 4, act of June 18, 1898 (30 Stat. 483). 66-320, May 6, 1913. . dež Destruction of records of summary courts-martial, when no longer of use, is authorized by A. W. 36. The act of February 16, 6. 1889 (25 Stat. 672), provides that Whenever there shall be in any one e of the executive departments of the Government an accumulation of files of papers, which are not needed or useful in the transaction of the current business of such department and have no permanent value or historical interest, it shall be the duty of the head of such department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers. The act further provides that being duly authorized, as set forth therein, it shall be the duty of the head of the department to sell or otherwise dispose of the papers upon the best obtainable terms, depositing the proceeds in the Treasury. The said act of 1889 was amended so as to include in its provisions "any accumulation of files of papers of a like character therein described now or hereafter in the various public buildings under the control of the several executive departments of the Government," by the act of March 2, 1895 (28 Stat. 933). Held, That the act of 1889, as amended, prescribes the procedure for the disposition of all useless files of papers under the jurisdiction of the several departments, whether at the seat of Government or elsewhere, and that it operates to prohibit the destruction of records save as therein prescribed. 66322, Jan. 7, 1916. The proper procedure for the elimination from the files of the War Department of canceled bonds that were held as security for Government property issued to rifle clubs, the rifle clubs having turned in all the property, is to report the bonds along with, other useless, records to Congress under the act of February 16, 1889 (25 Stat, 672), as amended by the act of March 2, 1895 (28 Stat, 910, 933), to the end that they may be destroyed as waste paper if it be found that they have no permanent value or historical interest. 27, 1919.. 168, Jan. 984. IN GENERAL. 985. FOR HISTORICAL PURPOSES. 986-991. IN CONNECTION WITH CHAIMS AGAINST THE UNITED STATES. 992. IN CONNECTION WITH CRIMINAL PROSECUTIONS. 993-997. IN CONNECTION WITH PRIVATE LITIGATION. 998-1002. SELECTIVE SERVICE RECORDS.21 ! I 984. Section 11, Selective Service Regulations (2d ed.), provides that the answers of any registrant concerning his mental or physical condition shall not be open to public inspection and it makes it a penalty for the disclosure of any such information by those connected with the administration of the selective service law. There is no valid reason why information secured by the Government through its Medical Department should not be held confidential. The medical records are not conclusive and in many cases are not even prima facie evidence of misconduct or disability. Their production for information purposes would arouse suspicion, often unjustly, and tend to create domestic unhappiness. To produce these records would open up the door to fraud and blackmail and would entail an endless number of investigations to determine whether persons who apply for these records are in fact the wives and fiancees of the soldiers. Copies of such records will be furnished only upon order of the court. 00071, June 10, 1919. FOR HISTORICAL PURPOSES 985. There is no legal objection to The Adjutant General of the Army permitting certain information with regard to the military service of soldiers from the State of Michigan to be obtained from the records of his office. That State must employ the necessary clerical force, and the work must be done subject to certain restrictions specified. 324.3, Nov. 8, 1921. Secs. IN CONNECTION WITH CLAIMS AGAINST THE UNITED STATES 986. IN GENERAL. 987. COMPENSATION AND INSURANCE. 988, LAND TITLES. 989. PATENT INFRINGEMENT CLAIMS. 990. REPORTS OF ACCIDENTS. 991. REPORTS OF INVESTIGATING BOARDS. IN GENERAL 986. That a claim has been passed upon, denied, the denial affirmed, and the case closed is not sufficient reason for furnishing the late claimant with information which, while intended for use as matter of defense in a suit against the claimant, might also be used against the Government. The claimant may yet sue the Government in the Court of Claims, and paragraph 824, A. R., 1913, as amended by C. A. R. 13, 40′ (par. 10d, AR 35–7020), prohibits the furnishing of information by any person in the military service which can be made the basis of a claim against the Government." If the late claimant will enter into a release agreement, whereby it will absolve the United States from any liability whatsoever, directly or indirectly, connected with the order involved in the claim, there is no objection to furnishing it with authenticated copies of the papers asked for; otherwise neither the papers nor copies thereof should be delivered on this request. 000.71, Nov. 11, 1920. COMPENSATION AND INSURANCE 987. Paragraph 824, A. R., 1913 (par. 10d, AR 35-7020), forbidding certain information to be furnished by persons in the military service, does not contemplate information furnished in the exercise of an administrative function. Therefore it is not violated by a soldier who prepares Form No. 526, Treasury Department, an application for disability compensation. 004.6, Oct. 15, 1918. Paragraph 824, A. R., 1913 (par. 107, AR 35-7020), precludes the attending surgeon from completing the "certificate of death" of a soldier. Every death may be made the basis of a claim under the war risk insurance act of October 6, 1917 (40 Stat. 398). The Adjutant General, however, may furnish such information as may be proper to enable the beneficiaries to establish their right to insurance from a private company. 000.7, Oct. 28, 1918.' X-ray pictures were made of the hip and knee of a soldier while he was a patient in a base hospital. The soldier was discharged November 13, 1918, for |