The National tribune., 1904-07-14

and honesty"
ever. who faithfully served according TO
his enlistment until the 10Th day of April.
1860. and who. without proper authority
or leave hrst obtained. quit his command
or refused TO serve after that date, shall
be held to be n deSerter from the army or
navy; but this section shall be construed
solely as removal of any disability such
soldier or ailor may have incurred. under
the preceding section. by the loss of citi-
zehship and OF the right TO hold office, in
consequence of his desertion."
A further exception to the foregoing oc-
ours ia the case of deserters from the
Regular Army. who returned on or before
August Il. 1866. under General Order 43.
A. q. o.. War Department. series of 1886;
or on or before January /. 1874. under the
order of the Secretary of War, dated Oc-
tober 10. 1873.
MILITARY SERVICE
The acts of August Z. 1852. July =.
1884. and May Il. 1856. have expired by
limitation. bnt have been substantially re
enacted and are superseded by the act of
March - 1889. which. as amended by tile
act of March >. 1891. is as follows:
That the charge of desertion now
standing on the rolls and records i'm the
office of the Adjutant General of the
United States Army against any soldier
who served in the late war i'm the volun-
teer service shall be removed i'm all cases
where it shall be made to appear to the
satisfaction of the Secretary of War. from
such rolls and records. or from other sat
isfactOry testimony, that such soldier
served faithfully until the expiration of
his term of enlistment. or until the 1st
day OF May. arno DOmini 1865 having
previously served six months or more, and
by reason of absence from his command
1t flp time tho nnc ant
failed TO be mustered ont and to receive
an honorable discharge. or that such sol
der absented himself from his command,
or from hospital while suffering from
wounds. injuries. or disease received or
contracted in the line OF duty. and was
listment by reason OF such wounds, in
juries. or disease.
See. .. That the Secretary of War is
hereby authorized TO remove the charge cf
deserfion from the record of any regular
or volunteer soldier in the late war upon
proper application therefor. and satisfac-
tory proof in the following cases:
First That such soldier, after such
charge of desertion was made. and within
n reasonable time thereafter voluntarily
returned to his command and served faith
fully To the end of his term of service, or
until discharged
Second. That such soldier absented
pital willie suffering from wounds injuries
or disease. received or contracted in the
line of duty. and upon recovery voluntarily
returned TO his command and served faith
fully thereafter. or died from such wounds
injuries. or disease while so absent, and
before the date of muster-out of his COM
mand. or expiration of his term of service
or was prevented from SO returning by
reason of such wounds. injuries. or
diseases before such muster-out, or expi-
ration of service.
Third That such soldier was minor.
and was enlisted without the consent of
his parent or guardian. and was released
or discharged from such service by the
order or decree of any United States court
on habeas corpus or other judicial proceed
inss and in such case such soldier shall
not be entitled to any bounty allowance.
or pay for any time such soldier was not
in the performance of military duty.
"Sec. 3. That the charge of desertion
now standing on the rolls and records in
the office of the Adjutant General of the
Army against any regular or volunteer
soldier who served in the late war of the
rebellion by reason of his having enlisted
i'm any regiment. troop. or company. or IN
the United States navy or marine corps.
without having first received discharge
from the regiment. troop, or company IN
which he had previously served, shall be
removed i'm all cases wherein 1t shall be
made to appear to the satisfaction OF the
Secretary of War from such rolls and rec
orolS or from other satisfactory testimony.
that such reenlistment was not made Tor
the purpose of securing bounty or other
cratnity that he would not have been en-
titled to had he remained under his original
term of enlistment: that the absence from
the service did not exceed four months.
and that such soldier served faithfully
under his reenlistment.
"Sec. f. That whenever it shall appear
from the official records in the office of the
Adiutant- General, United States Army.
that any regular or volunteer soldier OF
the late war was formally restored to duty
from desertion by the commander compe-
tent to order his trial for the offense, or.
having deserted and being charged with
desertion, was, on return to the service
suffered. without such formal restoration,
to resume his place in the ranks OF his
command, serving faithfully thereafter un-
til the expiration of his term such sol
dier shall not be deemed to rest under any
disability. because of such desertion. in
the prosecution Of any claim for pension
on account of disease contracted or wounds
or injuries received in the line of his duty
as soldier.
"Sec. 5. That when the charge Of deser-
ton shall be removed under the provisions
of this act from the record of any soldier,
IL,
heirs or legal representatives of such sol
dier, shall receive the pay and bounty due
to such soldier: Provided, however, That
this act shall not be so construed as to give
to any such soldier, or in case of his
death, to the heirs or legal representatives
of any such soldier. any pay, bounty, or
allowance for any time during which such
soldier was absent from his command
without proper authority, or shall it be
so construed as to give any pay, bounty,
or allowance to any soldier his heirs or
legal representatives, who served in the
army a period of less than six months.
"Sec 6. That the Secretary of War be,
and he hereby is. authorized and directed
to amend the military record of any SOL
dier who enlisted for the war with Mex
leo. upon proper application, where the
rolls and records Of the Adjutant- Generals
office show the charge of desertion against
him. when such rolls and records show
the facts set out in the following eases:
First. That said soldier served faith
fully the full term of his enlistment or
having served faithfully for six months or
more. and until the 4th day of July ammo
Domini 1S4S, left his command without
having received discharge.
"Second. That such soldier. after said
charge of desertion was entered on the
rolls, voluntarily returned to his COM
mand within a reasonable time and served