BY STATE OFFICIALS

1201. Penalty envelopes may be furnished the adjutants general of States for inclosing information sought by the War Department. Act of July 5, 1884 (23 Stat. 156, 158). 311.151, Apr. 2, 1919.

The use of penalty envelopes for transmission of mail free of postage is limited by statute to mail matter "relating exclusively to the business of the Government of the United States." Whether mail matter of the chairman and director of the Department of Historical Records for the purpose of acquiring information pertaining to the participation of the people of Connecticut in the present war comes within the statutory limitation is a question to be determined by the Postmaster General. 311.152, Jan. 23, 1919.

Letters and cards have been mailed by the selective-service division of the office of the adjutant general in the State of Arkansas relative to procuring employment for discharged drafted men, and the penalty envelope was made use of in this connection, the work being carried on in conjunction with the United States Employment Bureau. No authority is given by statute for such use of penalty envelopes. They may be used only by officers of the Government upon official business or in reply to requests by such officers pertaining to matters within their jurisdiction. 311.152, May 9, 1919.

INVITATIONS

1202. While voluntary associations of Reserve, National Guard, and Regular Army officers are of undoubted benefit to the service, and thus to the Government, the express terms of section 5, act of March 3, 1877 (19 Stat. 335), and act of July 5, 1884 (23 Stat. 158), regulating the use of penalty envelopes, negative interpretation that the business of such organization is exclusively Government business. The use of penalty envelopes by such organizations in arranging dinners is, therefore, illegal. 311.151, June 25, 1924.

A regimental recreation officer authorized the mailing under penalty envelopes to young ladies of approved reputation of invitations to an enlisted men's regimental dance. Section 5, act of March 3, 1877 (19 Stat. 335), and act of July 5, 1884 (23 Stat. 158), as embodied in section 485, Postal Laws and Regulations, 1924, restrict the use of penalty envelopes to officers of the Government and to matters relating exclusively to the business of the Government. Held, That the express provision in Section IV, General Orders, No. 109, War Department, 1919, and Circular No. 225, War Department, 1920, for the arrangement of recreational activities for enlisted men, including dances, and the securing of women guests therefor, acquiesced in by subsequent appropriation acts of Congress, indicate that the Government, through its commissioned personnel, stands in loco parentis to the enlisted men of the Army, and regards the matter of the latter's female associates as important to itself. The invitations referred to, therefore, related to a matter which was exclusively the business of the Government, and as the regimental recreation officer was an officer of the Government, his action in the premises was legal. 311.151, Jan. 24, 1925.

PUBLICATIONS

1203. Section 5, act of March 3, 1877 (19 Stat. 335), reads in part:

That it shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to the business of the United States.

Sec. 3, act of July 5, 1884 (23 Stat. 158), extends this provision to all officers of the United States Government, not including members of Congress, the envelopes in all cases to bear appropriate indorsements containing the proper

designation of the office from which, or the officer from whom, the same is transmitted, with a statement of the penalty for its use.

Held, That books belonging to the department headquarters library, such as would be of professional benefit to officers of the department, might be sent through the mail under the authority of said statute to the officers on duty in the department and mailed by them in return, under the official frank of the department. 22-020, Dec. 11, 1913.

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A newspaper, from which there is no income, is edited at an Army hospital. The newspaper, with a memorandum slip addressed to another hospital of the Army calling attention to the paper, may be transmitted through the mails free of postage if covered by penalty envelopes. The fact that it contains advertisements does not affect this privilege. Such mail is regarded as relating exclusively to the business of the Government of the United States," within the meaning of section 5, act of March 3, 1877 (19 Stat. 319, 335). The paper can not be sent under penalty envelopes to ordinary subscribers. 311.152, Mar. 20, 1919.

Under section 5, act of March 3, 1877 (19 Stat. 335), act of July 5, 1884 (23 Stat. 158), and section 485 of the current Postal Laws and Regulations, the use of penalty envelopes is restricted to "officers of the Government" and to matters relating "exclusively" to the business of the Government of the United States. Publications issued under the direction of the Military Training Camps Association of the United States, while worthy of all encouragement in that they aim to stimulate interest in civilian military training camps, can not be said to relate exclusively to the Government business, particularly as they are published by an agency having no governmental status. Such publications may not, therefore, be mailed by officers of the Government to other than Government agencies under cover of the penalty privilege. 311.152, Jan. 14, 1925.

CHAPTER 12

MEDICAL TREATMENT AND VETERANS' RELIEF

Secs.

1204-1212. DEATH GRATUITY.

1213-1215. EMERGENCY OFFICERS' RETIRED LIST. 1216-1222. HOSPITALIZATION.

1223. MEDICAL AND SURGICAL APPLIANCES. 1224-1229. NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS; ADMISSIONS AND BENEFITS.

1230-1231. PENSIONS.

1232-1237. ST. ELIZABETHS.

1238-1240. SOLDIERS' HOME.

DEATH GRATUITY

Secs.

1204. IN GENERAL.

1205-1206. STATUS AT TIME OF DEATH.

1207-1211. PAYMENT.

1212. CAUSE OF DEATH.

IN GENERAL

1204. The six months' gratuity act of December 17, 1919 (41 Stat. 367), is applicable to Philippine Scouts. 247, Apr. 8, 1920.

The six months' gratuity act of December 17, 1919 (41 Stat. 367), being specifically limited to personnel of the Regular Army, is not applicable to members of the Officers' Reserve Corps. 701, July 18, 1924.

STATUS AT TIME OF DEATH

Secs.

1205. ABSENCE WITHOUT LEAVE.

1206. PRISONERS.

ABSENCE WITHOUT LEAVE

1205. A soldier absented himself without leave June 10, 1912, at Alcatraz Island, Calif., and was apprehended March 12, 1913, and delivered to the military authorities at Jefferson Barracks, Mo. He was admitted to the post hospital at Jefferson Barracks on March 20, 1913, and died in said hospital March 31 following, from a disease supposed to have been incurred during his absence but not incurred through misconduct.

There was every indication to show that the soldier intended to desert the service, and no steps had been taken by the Government looking to his restoration to duty. The act of May 11, 1908 (35 Stat. 108), as amended by the act of March 3, 1909 (35 Stat. 735), allows to the widow of a soldier or enlisted man dying in the service of wounds or disease not the result of his own mis

conduct, or to any other person previously designated by him, an amount equal to six months' pay received by him at the date of his death, subject to certain deductions.

Held, That a soldier deserting the service repudiates his enlistment contract and can not in that status claim pay or allowances due him under said contract, that the facts in this case justified an administrative finding of desertion, and that by such desertion all right to this benefit was forfeited. 42–100, May 1, 1913.

See act of December 17, 1919 (41 Stat. 367), in pari materia with statutes cited.

PRISONERS

1206. As no pay accrues to a soldier while under suspended sentence of dis honorable discharge, by reason of section 1, act of March 4, 1915 (38 Stat. 1065), he is precluded from the benefits of the gratuity act of December 17, 1919 (41 Stat. 367), which provides for "six months' pay at the rate received by such officer or enlisted man at the date of his death." 247, Aug. 14, 1920.

Secs.

PAYMENT

1207. IN GENERAL.

1208-1209. TO RELATIVE DESIGNATED.

1210. TO RELATIVE NOT DESIGNATED.

1211. TO WIDOW OR CHILD.

IN GENERAL

1207. The six months' gratuity provided by act of December 17, 1919 (41 Stat. 367), is not an asset of the soldier's estate. It can be paid only to the payees specified and according to the conditions fixed by that statute. 210.873, Feb. 18, 1930.

TO RELATIVE DESIGNATED

Secs.

1208. BENEFICIARIES ELIGIBLE. 1209. DESIGNATION.

BENEFICIARIES ELIGIBLE

1208. The act of May 11, 1908 (35 Stat. 108), as amended by the act of March 3, 1909 (35 Stat. 735), provides for the payment of a gratuity equal to six months' pay to the widow of an officer or of an enlisted man dying in the service from wounds or disease not the result of his own misconduct, or "to any other person previously designated by him," and further provides thatThe Secretary of War shall establish regulations requiring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death.

Held, That the designation of an estate, whether the estate of the designator or the estate of another, is not contemplated by the statute. 42-140, May 22, 1913.

See act of December 17, 1919 (41 Stat. 367), in pari materia with statute cited. Construction is asked of the act of December 17, 1919 (41 Stat. 367), provid ing for six months' pay on the death of an officer to be paid to the wife, child or children, or other dependent relations. A liberal construction should be given