CHARITABLE PURPOSES 1723. Money was collected by offertories in a post chapel, customarily taken every Sunday morning during the church service. The proceeds were used for general expenses of the chapel not otherwise provided for. It was announced that collections on certain Sundays would be devoted to stated purposes and specific charities. Not all funds collected in post chapels are part of the chaplain's fund, but only such moneys as are received for such funds. Money from ordinary collections should be kept separate from donations made for specific purposes. Funds should only be diverted to charitable purposes where they are specifically donated for such purpose. (Par. 328%, as changed 123, Jan. 26, 1920. by C. A. R. 102, March 6, 1920; pars. 3d and 4e, AR 210-50.) CLAIMS FOR LOSS OR DAMAGE 1724. The Surgeon General proposes to use the hospital fund from which to reimburse a soldier for certain moneys which he deposited with the hospital authorities and which, by some unknown person, have been diverted. This fund is essentially a public fund from which to provide suitable subsistence at hospitals, and it can not properly be used for the payment of claims of this character, for which some individual is responsible. 332.33, Sept. 22, 1919. Claim is made by a former soldier for the loss of a watch, ring, and a certain amount of money, which he deposited with the authorities of an evacuation hospital, receiving a receipt therefor. Neither the funds nor property have been located. On December 20, 1919, authority was given by the Secretary of War to the Surgeon General to use hospital funds of demobilized hospitals for the payment of certain just claims. This permission relates only to the payment for money lost, and may not be used for payment of any other property lost. 332.33, Apr. 9, 1920. ERECTION OF MEMORIAL 1725. When voluntary subscriptions were being obtained for the erection of a monument "to the men who have fallen in France," certain money was unanimously voted from their company funds by certain regimental organizations, but not from any ration savings. This action was approved by the company council and placed on the council books. These contributions for the purposes and under the circumstances herein mentioned were not in violation of any law or regulation, such disposition having been made according to the procedure prescribed in regulations and before the organizations were mustered out of the Federal service. (Par. 4, AR 210-50.) 123, July 16, 1919. PROCUREMENT OF SUPPLIES OR EQUIPMENT 1726. A post quartermaster was unable to furnish various articles of food listed as a part of the ration. The commanding officer directed the mess officer to purchase such supplies in open market, and the cost was considerably in excess of the ration allowance. When the Quartermaster General finds that a necessity for the purchases existed, the mess fund may be reimbursed for the excess cost of such purchases over the cost of the supplies when furnished by the Quartermaster Department. (Par. 2323, Man. Q. M. C.; par. 32, A. R., 1913.) 123, Mar. 25, 1919. A machine-gun company desired to purchase a pool table for its use and arrangements were made whereby an officer and an enlisted man were to make an inspection of a secondhand pool table and to purchase the same if proper terms could be obtained. In making the inspection an expense of $30 was incurred, which was paid out of the company fund. This expenditure was not allowed by the Inspector. The establishment of company pool tables is authorized by paragraph 327, A. R., 1913 (par. 4, AR 210–50), and the inspection of the table, before purchase, was a matter of good business, and such expenses were incident to the purchase and are properly payable out of the company fund. 123, May 14, 1919. Expression of opinion is sought in regard to the use of company funds in the purchase of a quantity of tooth paste, safety razors, and talcum powder, distributed to a permanent training cadre so that each man received two tubes of paste, one razor, and one can of talcum powder. Under paragraph 327, A. R., 1913 (par. 4, AR 210-50), company funds must be disbursed "solely for the benefit of the company." This must be determined by the sound discretion of the company commander and the company council, subject to correction of higher authority in case of abuse. The account herein referred to is a proper charge against such fund. 123, Sept. 6, 1919. CONTRIBUTIONS TO 1727. A detachment of Engineers, which has purchased with its own funds a moving-picture machine and which has at its own expense fitted up a storeroom with a hardwood floor to be used as a gymnasium and dance hall, may lawfully be authorized to make a charge for the use by another organization of such moving-picture machine sufficient to cover the upkeep and any depreciation thereof, and may likewise be authorized to charge for the use by another organization of the storeroom an amount sufficient to pay for polishing the floor and putting the fixtures of the hall in proper condition after such use; it being understood that no element of profit is to enter into such charges. Sums so received may properly be listed in the detachment council book under the heading "Rental, Detachment Property to." 480, Feb. 18, 1918. DEPOSIT 1728. An officers' mess which had accumulated a balance of $1,300 was dis continued, and it was impracticable to return the money to the officers entitled. The money actually belongs to the officers who constituted the mess; and in the absence of authority from the officers for a particular disposition, the fund should be deposited in the Treasury under Miscellaneous Receipts. 123, Aug. 9, 1918. Custodians of company funds on deposit in a national bank in the hands of a Federal receiver may enter into an agreement with the bank that upon its reopening the funds will be kept on hand for certain definite periods. 123, Apr. 12, 1922. 1737. CONTRACTS. 1738-1742. COURTS-MARTIAL. 1743. DESERTION. 1744. DETAIL. 1745-1748. DISCHARGE. 1749-1751. ENLISTMENT. 1752. EXEMPTIONS FROM MILITARY SERVICE. 1753-1757. FEDERAL PROPERTY. 1758-1762. FEDERAL RECOGNITION. 1763. MEDICAL TREATMENT AND PAY WHEN DISABLED. 1764. NUMBER AUTHORIZED. 1765. OATH. 1766-1767. ORGANIZATION. 1768. PROPERTY AND DISBURSING OFFICER. 1769. PROPERTY BROUGHT INTO FEDERAL SERVICE. 1770. RANK. 1771. REIMBURSEMENT OF EXPENSES. 1772. STATE TROOPS. 1773. STOPPAGE OF PAY. 1774. TIME LOST FROM ENLISTMENT. 1775. TRAINING. 1776. TRANSFER TO RESERVE. 1777. TRANSPORTATION. 1778. UNITS, DISBANDMENT. COMPOSITION 1729. Section 1, act of January 21, 1903 (32 Stat. 775), provided that: The militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age. Held, That Congress not having defined the term "able-bodied" and not having fixed any standard of physical qualifications for entry into the organized militia other than is found in said expression, the determination of the state of fitness for membership in such militia rested with the recruiting officers of the States, acting under State laws. Held further, That the receipt of a pension for physical disability incurred in the military service of the United States did not constitute a legal disability for membership in the organized militia, but that the Secretary of War might announce the allowance of such a pension as a disqualification for the receipt of pay, etc., from appropriations authorized by R. S. 1661, for the militia. 58-230, Oct. 14, 1914. See section 57. National Defense Act, in pari materia with act of January 21, 1903, supra. A man who has passed the forty-fifth anniversary of his birth is “more than 45 years of age within the meaning of section 57, National Defense Act, and is not, therefore, except as otherwise provided, eligible for militia service. 325, Sept. 22, 1924. DEFINITION 1730. The words "National Guard," as used in sections 3a, 5, and 81, National Defense Act, as amended by the act of June 4, 1920, may not be given a definition to be uniformly applied to the expression in each place that it is found in the act, but in each case of their use a study must be made of the context in order to determine whether, by their use, Congress meant to refer to the militia generally or to such militia only as had been made, by the law of the State or Territory concerned, to conform to the requirements laid down by the National Defense Act. 325, July 17, 1920. ADJUTANTS GENERAL, STATE 1731. On the question whether the adjutant general of a State, Territory, or District is an officer of the National Guard within the meaning of the National Defense Act, approved June 3, 1916, which provides in section 66 that The adjutants general of the States, Territories, and the District of Columbia and the officers of the National Guard shall make such returns and reports to the Secretary of War, or to such officers as he may designate, at such times and in such form as the Secretary of War may from time to time prescribe Held, That in providing for the organization of the National Guard as a Federal force Congress has recognized the duties of the several States, and has required or relied upon their cooperation; that the adjutant general is an official whom the act contemplates the State will provide and maintain in the performance of its duties; and that it recognizes the adjutant general of a State as a State official only and not as an officer of the National Guard. 58210, June 9, 1916. The adjutant general of a State is not a member of the National Guard thereof but is a civilian official appointed for a definite and limited term. Federal legislation has always recognized him as a necessary State functionary but has not established for him any official Federal status. See militia act of May 8, 1792 (1 Stat. 271, 272), section 3 et passim; R. S. 1634, 1636; section 12 of the Dick Bill (32 Stat. 775, 776). 323.82, Feb. 25, 1919; 210.65, May 31, |