The National tribune., 1904-07-21
DEsERTIoN.

The act of May "a, 1900, repealed the
limitation to the act of August II. 1919,
providing for the removal of charges OF
desertion and payment of arrears OF pay
in cases of enlisted or appointed men OF
the Navy or Marine Corps in the war of
the rebellion. The law had expired by
limitation on August Il, 1893. The law
of 1883 as now reenacted without llmlta-
ton is as follows:
BE it enacted, ETC.. That the charge of
desertion now standing on the rolls ana
records of the Navy or Marine Corps
against any appointed or enlisted man In
tile Navy or Marine Corps who served
in the late war may in the discretion OF
the Secretary of the Navy be removed III
all cases where it shall be made to appear
to the satisfaction of the Secretary OF
the Navy from such rolls and records or
from other satisfactory evidence,
THAT any such appointed or enlisted
man served faithfully until the expira-
ton of his term of enlistment,
'Or until the first day of May, 1860,
having previously served six months or
more,
"Or was prevented from completing his
terms of service by reason OF wounds re-
ceived or disease contracted in the line
of duty, but who, by reason of absence
from his command ut the time he became
entitled to his discharge, failed to be mus
tered out and to receive a discharge from
the service:
Provided, That no such appointed or
enlisted man shall be relieved under this
section who, not being sick or wounded,
left his command. without proper author
ty, while the same was i'll presence OF
the enemy.
.Sec. 2 That the Secretary of the Navy
is hereby authorized to remove the charge
Of desertion standing on the rolls Or rec
ords of the Navy or Marine Corps against
any appointed or enlisted man of the
Navy or Marine Corps who served in the
late war, in all cases where it shall be
made to appear, to the satisfaction OF the
Secretary of the Navy, from such rolls
or from other satisfactory evidence.
That such appointed or enlisted man
charged with desertion or with absence
without leave, after such charge of descr-
ton or absence without leave, and within
reasonable time thereafter. voluntarily
returned to and served in the line of his
duty until he was mustered out of the
service, and received certificate of dis
charge therefrom,
"Or while so absent, and before the ex-
piratOn of his term of enlistment, died
from wounds. injury, or disease received
or contracted in the service and in the
line of duty.
Sec. 3. That the charge of desertion
now standing on the rolls or records of
the Navy or Marine Corps, against any
appointed or enlisted man of the Navy or
Marine Corps who served in the late war,
by reason of his having enlisted at any
station or On board of any vessel of the
Navy without having first received a dis
charge from the, station or vessel in which
he had previously served, shall be removed
in all cases wherein it shall be made to
appear to the satisfaction of the Secretary
of the Navy from such rolls and records,
or from other satisfactory testimony, that
such reenlistment was not made for the
purpose of securing bounty or other gra-
tuity that he would not have been en-
titled to, had he remained under his orig-
nal term Of enlistment:
Provided, That no appointed or enlisted
man shall be relieved under this act who,
not being sick or wounded, left his com
mand without proper authority while the
same was in the presence of the enemy.
or who, ut the time of leaving his com
mand. was in arrest or under charges, or
in whose case the period of absence from
the service exceeded three months.
Sec. 4. That in all cases where the
charge of desertion shall be removed nm
der the provisions of this act from the
record of any appointed or enlisted man
of the Navy or Marine Corps who has
not received a certificate of discharge it
Navy to issue to such appointed or en-
listed man, or in case Of his death. to
his heirs or legal representatives, certif-
cate Of discharge.
Sec. ). That when the charge of deser-
ton shall be removed under the provisions
Of this act from the record of any ap-
pointed or enlisted man of the Navy or Ma
rine Corps, such man, or, in case Of his
death, the heirs or legal representatives
nf ha1 nd
bounty which may have been withheld on
account of such charge of desertion or
absence without leave:
provided, however, That this act shall
not be SO construed as to give to any
such man as may be entitled to relief un-
der the provisions of this act, or, in case
of his death, to the heirs and legal rep
resentatives of any such man, the right
to receive pay and bounty for any period
of time during which such man was alb
sent from his command without leave Of
absence.
And provided further, That no appoint
ed or enlisted man, nor the heirs or legal
representatives of any such man, who
served in the Navy or Marine Corps a
period of less than six months shall be
entitled to the benefit of the provisions
of this act. Limitation here stricken out. ]
'Sec. 6. That all acts and parts of acts
inconsistent with the provisions Of this
act are hereby repealed"
RETURN UNDER PRESIDENTS PROCLAMATION.
In cases Of soldiers who returned to the
service under the Presidents proclama-
ton of March 10, 1863 ii. e., having de-
| serted before March 10, 1868; voluntarily
returned on or before April 1, 1863; or
who returned to the service under the
Presidents proclamation of March II,
1865 ii. e., having destrted before March
II, 1865, voluntarily returned on or be-
fore May 10, 1863, it is held that there
is no charge of desertion" to be removed.
RESTORED TO DUTY BY COMPETENT AU-
THORITY.
In cases II of soldiers who were court
martialed, or were restored to duty by
| competent authority without trial, it is
held that there is no .''charge of deser-
ton to belremoved. The competent au-
thority'' which might restore person to
duty without trial. is such authority as
had power to convene a court-martial; not
that of the commanding officer of COM
pany, nor usually that of the commanding
officer of regiment.
FAITHFULasERvICE CONSTRUED.
If the soldier, before May /, 1865, was
absent without leave, or as deserter.
for but a brief period Of time-say a
week or 10 days; or, under special cir
eum ST ancpS SnS lonppr Observation-Disclosures nj