A-9011, MAY 12, 1925, 4 COMP. GEN. 934

A-9011: May 12, 1925

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RETIRED ENLISTED MEN OF THE COAST GUARD ARE "PERSONS BELONGING TO" THE COAST GUARD WITHIN THE MEANING OF THE STATUTES GOVERNING ADMISSION OF INSANE PERSONS INTO ST. ARE ENTITLED TO ADMISSION AND TREATMENT THEREIN IN THE SAME MANNER AND SUBJECT TO THE SAME CONDITIONS AS RETIRED ENLISTED MEN OF THE ARMY. WILL NOT BE ENTITLED TO ADMISSION TO ST. ELIZABETHS HOSPITAL AS A PATIENT OF THE PUBLIC HEALTH SERVICE AND DISCHARGED AS CURED IS NOT ENTITLED TO REENTRY WITHIN THREE YEARS UPON AGAIN BECOMING INSANE IF NO LONGER A MERCHANT SEAMAN AND THEREFORE NOT A BENEFICIARY OF THE PUBLIC HEALTH SERVICE. 1925: I HAVE YOUR LETTERS OF APRIL 1 AND APRIL 7. DWYER WAS ADMITTED TO THE HOSPITAL UNDER AN ORDER OF THE SECRETARY OF THE NAVY.

A-9011, MAY 12, 1925, 4 COMP. GEN. 934

MEDICAL TREATMENT - ST. ELIZABETHS HOSPITAL INSANE RETIRED OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS MAY NOT BE CONSIDERED "VETERANS" WITHIN THE MEANING OF THAT PORTION OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT, 43 STAT., 620, AUTHORIZING THE TREATMENT, BY THE VETERANS' BUREAU, SO FAR AS EXISTING FACILITIES PERMIT, OF VETERANS OF ANY WAR, MILITARY OCCUPATION, OR MILITARY EXPEDITION SINCE 1897, AND MAY NOT THEREFORE BE RELIEVED OF THE $1 PER DAY SUBSISTENCE CHARGE WHILE INMATES OF ST. ELIZABETHS HOSPITAL. ALL MEMBERS OF THE COAST GUARD BECOMING INSANE WHILE ON THE ACTIVE ROLL, WHETHER OF THE FORMER REVENUE CUTTER SERVICE OR THE LIFE SAVING SERVICE, MAY BE ADMITTED TO ST. ELIZABETHS HOSPITAL ON THE ORDER OF THE SECRETARY OF THE TREASURY. RETIRED ENLISTED MEN OF THE COAST GUARD ARE "PERSONS BELONGING TO" THE COAST GUARD WITHIN THE MEANING OF THE STATUTES GOVERNING ADMISSION OF INSANE PERSONS INTO ST. ELIZABETHS HOSPITAL, AND ARE ENTITLED TO ADMISSION AND TREATMENT THEREIN IN THE SAME MANNER AND SUBJECT TO THE SAME CONDITIONS AS RETIRED ENLISTED MEN OF THE ARMY, NAVY, AND MARINE CORPS. MEMBERS OF THE NAVAL RESERVE FORCE OR OF THE NAVAL RESERVE, WHILE IN AN INACTIVE STATUS ON AND AFTER JULY 1, 1925, WILL NOT BE ENTITLED TO ADMISSION TO ST. ELIZABETHS HOSPITAL UNDER SECTION 4843, REVISED STATUTES, AS PERSONS "BELONGING TO" THE NAVY. AN INSANE MERCHANT SEAMAN ADMITTED TO ST. ELIZABETHS HOSPITAL AS A PATIENT OF THE PUBLIC HEALTH SERVICE AND DISCHARGED AS CURED IS NOT ENTITLED TO REENTRY WITHIN THREE YEARS UPON AGAIN BECOMING INSANE IF NO LONGER A MERCHANT SEAMAN AND THEREFORE NOT A BENEFICIARY OF THE PUBLIC HEALTH SERVICE, SUCH RIGHT OF REENTRY WITHIN THREE YEARS UNDER SECTION 4843, REVISED STATUTES, BEING CONFINED TO THE PERSONNEL OF THE ARMY, NAVY, AND MARINE CORPS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 12, 1925:

I HAVE YOUR LETTERS OF APRIL 1 AND APRIL 7, 1925, REQUESTING DECISION OF SEVERAL QUESTIONS RELATIVE TO THE AVAILABILITY OF FUNDS APPROPRIATED FOR ST. ELIZABETHS HOSPITAL FOR TREATMENT OF (1) RETIRED OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS, (2) ACTIVE PERSONNEL OF THE COAST GUARD ADMITTED ON THE ORDER OF THE SECRETARY OF THE TREASURY, (3) RETIRED ENLISTED MEN OF THE COAST GUARD AND MEMBERS OF THE NAVAL RESERVE FORCE, AND (4) MERCHANT SEAMEN AS PATIENTS OF THE PUBLIC HEALTH SERVICE.

(1) YOU STATE AS FOLLOWS:

THOMAS A. DWYER WAS ADMITTED TO THE HOSPITAL UNDER AN ORDER OF THE SECRETARY OF THE NAVY, AS AN OFFICER ON THE RETIRED LIST OF THE NAVY. SUCH ADMISSION CERTIFICATE, HE WAS RATED AS AN OFFICER ON ADMISSION TO THIS HOSPITAL, AND UNDER THE PRACTICES AND REGULATIONS OF THE ARMY, NAVY, AND MARINE CORPS AND DECISIONS OF THE COMPTROLLER GENERAL (COMPTROLLER OF THE TREASURY) OF APRIL 29, 1911, AND JANUARY 24, 1912, HE WAS DIRECTED TO PAY ONE DOLLAR PER DAY FOR HIS SUPPORT WHILE IN A GOVERNMENT HOSPITAL. THIS DOLLAR PER DAY BEING PAID BY AN OFFICER, AUGMENTS THE APPROPRIATION MADE BY CONGRESS. THUS WE RECEIVE AN APPROPRIATION AMOUNTING TO $547.50 OR $1.50 PER DAY FROM CONGRESS, AND $365.00 PER YEAR OR A DOLLAR A DAY FROM THE OFFICER WHILE HE IS RECEIVING SUPPORT FROM THE GOVERNMENT IN A FEDERAL HOSPITAL. THIS DOLLAR PER DAY PERMITS THE CLASSIFICATION OF OFFICERS IN SEPARATE WARDS, AND THE SERVING OF A LITTLE MORE CHOICE FOODS COOKED IN SMALLER QUANTITIES. A BILL WAS SENT TO THE WIFE, WHO IS COMMITTEE FOR THIS PATIENT, WHO INSTEAD OF MAKING PAYMENT HAS REQUESTED THE DIRECTOR OF THE VETERANS BUREAU TO ASSUME JURISDICTION AND TO TRANSFER THIS PATIENT TO THE VETERANS BUREAU ROLL, MAKING PAYMENT OF $547.50 PER YEAR DIRECT TO THE HOSPITAL. THE HOSPITAL WOULD THEN DEDUCT THIS PATIENT FROM THOSE FOR WHOM WE RECEIVE APPROPRIATION FROM CONGRESS, AND MIGHT LOSE THE CHARGE OF ONE DOLLAR PER DAY FROM THE PATIENT AS AN OFFICER RECEIVING SUPPORT IN A GOVERNMENT HOSPITAL.

IN VIEW OF THE FOREGOING, I HAVE THE HONOR TO REQUEST THAT THIS WHOLE MATTER BE REVIEWED AND THE HOSPITAL ADVISED IF RETIRED OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS WHO ARE SENT TO THE INSTITUTION BY THE SECRETARIES OF THE WAR OR NAVY BUT TRANSFERRED TO THE JURISDICTION OF THE VETERANS BUREAU, ARE RELIEVED OF PAYING THEIR DOLLAR A DAY FOR SUPPORT AS DECIDED BY THE COMPTROLLER OF THE TREASURY DEPARTMENT IN HIS DECISIONS OF APRIL 29, 1911, AND JANUARY 24, 1912; OR IF SUCH TRANSFER OF JURISDICTION IS PERMITTED, WILL SUCH PATIENTS STILL HAVE TO PAY FOR THEIR SUPPORT.

SECTION 4843, REVISED STATUTES, UNDER THE HEADING "THE GOVERNMENT HOSPITAL FOR THE INSANE," EXPRESSLY PROVIDES IN PART AS FOLLOWS:

THE SUPERINTENDENT, UPON THE ORDER OF THE SECRETARY OF WAR, OF THE SECRETARY OF THE NAVY, AND OF THE SECRETARY OF THE TREASURY, RESPECTIVELY, SHALL RECEIVE, AND KEEP IN CUSTODY UNTIL THEY ARE CURED, OR REMOVED BY THE SAME AUTHORITY WHICH ORDER THEIR RECEPTION, INSANE PERSONS OF THE FOLLOWING DESCRIPTIONS:

FIRST. INSANE PERSONS BELONGING TO THE ARMY, NAVY, MARINE CORPS, AND REVENUE CUTTER SERVICE.

THIRD. MEN WHO, WHILE IN THE SERVICE OF THE UNITED STATES, IN THE ARMY, NAVY, OR MARINE CORPS HAVE BEEN ADMITTED TO THE HOSPITAL, AND HAVE BEEN THEREAFTER DISCHARGED FROM IT ON THE SUPPOSITION THAT THEY HAVE RECOVERED THEIR REASON, AND HAVE, WITHIN THREE YEARS AFTER SUCH DISCHARGE, BECOME AGAIN INSANE FROM CAUSES EXISTING AT THE TIME OF SUCH DISCHARGE, AND HAVE NO ADEQUATE MEANS OF SUPPORT.

IT HAS LONG BEEN THE SETTLED PRACTICE TO ADMIT RETIRED OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS TO ST. ELIZABETHS HOSPITAL ON THE BASIS THAT THEY ARE "PERSONS BELONGING TO" THE RESPECTIVE SERVICES WITHIN THE MEANING OF THE QUOTED REVISED STATUTE. DECISIONS OF THE COMPTROLLER OF THE TREASURY OF APRIL 29, 1911, 57 MS. COMP. DEC. 530; SEPTEMBER 20, 1911, 58 ID. 1265; AND JANUARY 24, 1912, 60 ID. 357. IT WAS HELD BY THE COMPTROLLER OF THE TREASURY AND THE JUDGE ADVOCATE GENERAL OF THE ARMY THAT COMMISSIONED OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS BOTH ON THE ACTIVE AND RETIRED LISTS WHO ARE ADMITTED INTO ST. ELIZABETHS HOSPITAL UNDER ORDERS OF THE SECRETARY OF WAR OR NAVY, RESPECTIVELY, ARE NOT ENTITLED WHILE UNDERGOING TREATMENT IN SAID INSTITUTION TO SUBSISTENCE AT THE EXPENSE OF THE GOVERNMENT, BASED ON THE LAWS THAT SUCH OFFICERS WERE NOT ENTITLED TO RATIONS OR SUBSISTENCE AT THE EXPENSE OF THE GOVERNMENT OTHERWISE, AND THAT TO ESTABLISH SUCH RIGHT WHILE UNDERGOING TREATMENT IN ST. ELIZABETHS HOSPITAL, IT SHOULD APPEAR FROM SPECIFIC PROVISIONS OF LAW AND NOT REST MERELY ON THE TERMS OF THE APPROPRIATION ACT FOR THE HOSPITAL WHICH INCLUDES PROVISION FOR "SUPPORT, CLOTHING, AND TREATMENT IN ST. ELIZABETHS HOSPITAL FOR THE INSANE FROM THE ARMY, NAVY, MARINE CORPS, COAST GUARD.' SEE ACT OF JUNE 5, 1924, 43 STAT. 429. IN OTHER WORDS, THE RULINGS CONCLUDED THAT THE ANNUAL APPROPRIATION ACTS SHOULD BE READ IN CONNECTION WITH THE LAWS PROVIDING FOR THE PAY AND ALLOWANCES OF THE OFFICERS, AND WHEN SO READ THE APPROPRIATION IS AVAILABLE TO PAY FOR THE SUPPORT OR SUBSISTENCE FOR THOSE OTHERWISE ENTITLED THERETO BUT NOT FOR THE SUPPORT OR SUBSISTENCE FOR THOSE NOT OTHERWISE ENTITLED. BASED ON THESE DECISIONS A CHARGE FOR SUBSISTENCE OF SUCH OFFICERS IN ST. ELIZABETHS HOSPITAL HAS BEEN FIXED BY REGULATIONS AS INDICATED IN YOUR LETTER.

SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 620, PROVIDES IN PART AS FOLLOWS:

* * * THE DIRECTOR IS FURTHER AUTHORIZED, SO FAR AS HE SHALL FIND THAT EXISTING GOVERNMENT FACILITIES PERMIT, TO FURNISH HOSPITALIZATION AND NECESSARY TRAVELING EXPENSES TO VETERANS OF ANY WAR, MILITARY OCCUPATION, OR MILITARY EXPEDITION SINCE 1897, NOT DISHONORABLY DISCHARGED WITHOUT REGARD TO THE NATURE OR ORIGIN OF THEIR DISABILITIES: PROVIDED, THAT PREFERENCE TO ADMISSION TO ANY GOVERNMENT HOSPITAL FOR HOSPITALIZATION UNDER THE PROVISIONS OF THIS SUBDIVISION SHALL BE GIVEN TO THOSE VETERANS WHO ARE FINANCIALLY UNABLE TO PAY FOR HOSPITALIZATION AND THEIR NECESSARY TRAVELING EXPENSES.

THIS STATUTE HAS TWICE BEEN CONSTRUED NOT TO HAVE REPEALED, SUPERSEDED, OR RENDERED INOPERATIVE PRIOR LAWS AND REGULATIONS GOVERNING THE TREATMENT AND HOSPITALIZATION OF PERSONS ENTITLED BY REASON OF MILITARY OR NAVAL SERVICE. 4 COMP. GEN. 445; ID. 514. THE FIRST WAS THE CASE OF A PENSIONER HOSPITALIZED IN ST. ELIZABETHS HOSPITAL, AND IT WAS HELD THAT THE PENSION WAS OBLIGATED FOR THE CARE OF THE VETERANS UNDER PRIOR LAWS AND THE REGULATIONS ISSUED PURSUANT THERETO. THE SECOND WAS THE CASE OF A PENSIONER HOSPITALIZED IN A NAVAL HOSPITAL, AND THE SAME RULING WAS MADE. IN THE PRESENT CASE, AS RETIRED OFFICERS OF THE ARMY, NAVY, AND MARINE CORPS HAVE HERETOFORE BEEN ADMITTED INTO ST. ELIZABETHS HOSPITAL ON THE BASIS OF THEIR BEING A PART OF THE RESPECTIVE SERVICES WITHIN THE MEANING OF THE REVISED STATUTES, AND IN VIEW OF THE FACT THAT THE WORLD WAR VETERANS' LAW WAS ENACTED IN THE LIGHT THEREOF, SUCH RETIRED OFFICERS MAY NOT BE CONSIDERED AS ,VETERANS" WITHIN THE MEANING OF THE QUOTED PORTION OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT AND ENTITLED TO HOSPITALIZATION IN ST. ELIZABETHS HOSPITAL AT THE EXPENSE OF THE GOVERNMENT AS SUCH. IN THE CASE OF THOMAS A. DWYER SUBMITTED BY YOU THERE WOULD BE NO AUTHORITY TO TRANSFER HIM TO THE JURISDICTION OF THE UNITED STATES VETERANS' BUREAU, AND HIS COMMITTEE MAY NOT BE RELIEVED FROM PAYING THE REGULATION CHARGE OF $1 PER DAY FOR THE PERIOD THE OFFICER IS IN ST. ELIZABETHS HOSPITAL. LIKEWISE, IN THE CASE OF LIEUT. FRANCIS M. MUNSON SUBMITTED IN YOUR LETTER OF APRIL 7, THE OFFICER IS NOT RELIEVED FROM THE CHARGE OF $1 PER DAY FOR SUBSISTENCE WHILE IN THE HOSPITAL.

(2) YOU STATE:

UNDER DATE OF JUNE 15, 1860 (12 STAT. 23), AN ACT AUTHORIZING THE ADMISSION OF CERTAIN CLASSES OF PATIENTS TO THIS INSTITUTION WAS AMENDED AND EXTENDED TO INCLUDE THE MARINE CORPS AND REVENUE CUTTER SERVICE. THE ACT OF JANUARY 28, 1915, AN ACT TO CREATE THE COAST GUARD BY COMBINING THEREIN THE EXISTING LIFE SERVICE AND REVENUE CUTTER SERVICE, THE REVENUE CUTTER SERVICE WAS MERGED INTO THE COAST GUARD. IN THE SAME ACT IT WAS STIPULATED THAT THE COAST GUARD WOULD OPERATE AS A PART OF THE NAVY, SUBJECT TO THE ORDERS OF THE SECRETARY OF THE NAVY IN TIME OF WAR, OR WHEN THE PRESIDENT SHALL SO DIRECT. UNDER THIS PROVISION, THE EMPLOYEES OF THE REVENUE CUTTER SERVICE BECAME PART OF THE COAST GUARD, AND THE COAST GUARD BEING A PART OF THE NAVY DEPARTMENT DURING THE LATE WAR, ALL SUCH EMPLOYEES BECAME ELIGIBLE FOR ADMISSION FOR TREATMENT IN THIS HOSPITAL UNDER THE ORDER OF THE SECRETARY OF THE NAVY. THUS THE ACT OF JANUARY 28, 1915, AUTOMATICALLY BROADENED THE CLASS OF PATIENTS ELIGIBLE TO RECEIVE TREATMENT AT THIS HOSPITAL TO ALL CLASSES IN THE COAST GUARD, THE LIFE SERVICE PREVIOUS TO THIS ACT NOT BEING ENTITLED TO SUCH ADMISSION.

THE ACT AUTHORIZING APPROPRIATIONS FOR THIS HOSPITAL WAS CHANGED IN 1916 AND THE WORDS COAST GUARD INSERTED IN THE PLACE OF REVENUE CUTTER SERVICE IN NAMING THE PERSONS FOR WHOM CONGRESS MADE THE APPROPRIATION FOR SAINT ELIZABETHS HOSPITAL. DURING THE WAR PERIOD, THESE EMPLOYEES WERE ADMITTED TO THE HOSPITAL UNDER ORDER OF THE SECRETARY OF THE NAVY. NOW THAT THE COAST GUARD IS A PART OF THE TREASURY DEPARTMENT, ALL OF THESE CLASSES ARE ADMITTED UNDER THE ORDER OF THE SECRETARY OF THE TREASURY. IS THIS PRACTICE AUTHORIZED UNDER THE ACT OF JANUARY 28, 1915?

CONSIDERING TOGETHER THE PROVISIONS OF THE REVISED STATUTES AUTHORIZING THE ADMISSION OF MEMBERS OF THE REVENUE CUTTER SERVICE INTO ST. ELIZABETHS HOSPITAL ON THE ORDER OF THE SECRETARY OF THE TREASURY, AND THE PROVISIONS OF THE ACT OF JANUARY 28, 1915, 38 STAT. 800, UNDER WHICH THE REVENUE CUTTER SERVICE WAS COMBINED WITH THE LIFE SAVING SERVICE, A SIMILAR ACTIVITY, TO COMPRISE THE COAST GUARD, AND THE PROVISIONS OF THE ANNUAL APPROPRIATION ACTS FOR ST. ELIZABETHS HOSPITAL, EXPRESSLY INCLUDING THE INSANE OF THE "COAST GUARD," IT REASONABLY MAY BE CONCLUDED THAT ALL INSANE MEMBERS OF THE COAST GUARD, WHETHER OF THE FORMER REVENUE CUTTER SERVICE OR THE LIFE SAVING SERVICE, MAY BE ADMITTED TO ST. ELIZABETHS HOSPITAL ON THE ORDER OF THE SECRETARY OF OF THE TREASURY.

(3) YOU STATE:

UNDER THE RECENT LAWS ENLISTED MEN OF THE COAST GUARD AND OF THE NAVY, OR THOSE WHO MAY BE NONCOMMISSIONED OFFICERS, ARE TRANSFERRED TO THE RETIRED LIST OR RESERVE. ARE RETIRED AND ENLISTED MEN OF THE COAST GUARD ELIGIBLE FOR ADMISSION TO THIS HOSPITAL? ARE MEMBERS OF THE NAVAL RESERVE ELIGIBLE FOR ADMISSION TO THIS HOSPITAL?

AN ENLISTED MAN OF THE COAST GUARD IS ENTITLED TO RETIREMENT UNDER THE PROVISIONS OF THE ACT OF JANUARY 28, 1915, 38 STAT. 801, AND IS SUBJECT TO ASSIGNMENT "TO SUCH DUTIES AS HE MAY BE ABLE TO PERFORM.' RETIRED PAY IS GOVERNED BY SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630. FROM THESE PROVISIONS IT MAY BE HELD THAT RETIRED ENLISTED MEN CONSTITUTE A PART OF AND ARE "PERSONS BELONGING TO" THE COAST GUARD WITHIN THE MEANING OF THE STATUTES GOVERNING ADMISSION OF INSANE PERSONS INTO ST. ELIZABETHS HOSPITAL IN THE SAME MANNER AND SUBJECT TO THE SAME CONDITIONS AS RETIRED ENLISTED MEN OF THE ARMY, NAVY, AND MARINE CORPS.

THE ACT OF JULY 1, 1918, 40 STAT. 712, PROVIDES THAT "MEMBERS OF THE NAVAL RESERVE FORCE WHEN EMPLOYED IN ACTIVE SERVICE, ASHORE OR AFLOAT, UNDER THE NAVY DEPARTMENT SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS RECEIVED BY THE OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY.' WHILE ON ACTIVE DUTY WITH THE NAVY THE MEMBERS OF THE NAVAL RESERVE FORCE ARE ENTITLED TO BE FURNISHED WITH MEDICAL AND HOSPITAL CARE IN THE SAME MANNER AS MEMBERS OF THE REGULAR NAVY, INCLUDING THE RIGHT OF ADMISSION INTO ST. ELIZABETHS HOSPITAL AS A PART OF THE NAVY, BUT THERE IS NO PROVISION OF LAW PROVIDING FOR THE MEDICAL OR HOSPITAL TREATMENT OF MEMBERS OF THE RESERVE ON INACTIVE DUTY. THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080, EFFECTIVE ON AND AFTER JULY 1, 1925, ABOLISHES THE NAVAL RESERVE FORCE AND CREATES A NAVAL RESERVE. NO RIGHTS TO MEDICAL OR HOSPITAL TREATMENT OF MEMBERS OF THE NAVAL RESERVE ON INACTIVE DUTY ARE GRANTED BY THIS ACT. WHILE IN AN INACTIVE STATUS MEMBERS OF THE NAVAL RESERVE FORCE OR OF THE NAVAL RESERVE, ON AND AFTER JULY 1, 1925, WOULD NOT BE ENTITLED TO ADMISSION TO ST. ELIZABETHS HOSPITAL UNDER SECTION 4843, REVISED STATUTES, AS ,PERSONS BELONGING TO" THE NAVY. WHETHER THEY MIGHT UNDER ANY CIRCUMSTANCES BE ENTITLED TO ADMISSION AS "VETERANS" UNDER THE WORLD WAR VETERANS' ACT IS NOT FOR CONSIDERATION ON THE PRESENT SUBMISSION.

(4) YOU STATE:

A MERCHANT SEAMAN IS SENT TO THE HOSPITAL AS A BENEFICIARY OF THE PUBLIC HEALTH SERVICE. HE RECEIVES TREATMENT AND IN THE COURSE OF TWO OR THREE YEARS IS DISCHARGED AS RECOVERED. WITHIN THREE YEARS HE REQUESTS TO BE PERMITTED TO REENTER THE HOSPITAL FOR TREATMENT. HE IS NO LONGER A MERCHANT SEAMAN OR BENEFICIARY OF THE PUBLIC HEALTH SERVICE. IS SUCH PATIENT ENTITLED TO ADMISSION TO THE HOSPITAL FOR FURTHER TREATMENT? SECTION 5 OF THE ACT OF MARCH 3, 1875, 18 STAT. 486, PROVIDES AS FOLLOWS:

* * * INSANE PATIENTS OF SAID SERVICE (PUBLIC HEALTH SERVICE) SHALL BE ADMITTED INTO THE GOVERNMENT HOSPITAL FOR THE INSANE UPON THE ORDER OF THE SECRETARY OF THE TREASURY, AND SHALL BE CARED FOR THEREIN UNTIL CURED OR UNTIL REMOVED BY THE SAME AUTHORITY; AND THE CHARGE FOR EACH SUCH PATIENT SHALL NOT EXCEED FOUR DOLLARS AND FIFTY CENTS A WEEK, WHICH CHARGE SHALL BE PAID OUT OF THE MARINE-HOSPITAL FUND.

MERCHANT SEAMEN ARE ENTITLED TO TREATMENT IN MARINE HOSPITALS UNDER THE CONTROL OF THE PUBLIC HEALTH SERVICE, THE COST OF WHICH IS PAYABLE FROM THE MARINE-HOSPITAL FUND. SECTIONS 4801, 4802, AND 4803, REVISED STATUTES. THEY ARE, THEREFORE, PATIENTS OF THE PUBLIC HEALTH SERVICE WITHIN THE MEANING OF THE ACT OF MARCH 3, 1875, SUPRA. THE RIGHT OF THE SEAMEN AS PATIENTS OF THE PUBLIC HEALTH SERVICE TO REMAIN IN ST. ELIZABETHS HOSPITAL IS LIMITED TO SUCH TIME AS THEY ARE "CURED OR UNTIL REMOVED BY THE SAME AUTHORITY.' IF THEY ARE DISCHARGED FROM THE HOSPITAL AS CURED, THERE IS NO RIGHT OF REENTRY EXCEPT AS A PATIENT OF, AND UNDER THE ORDER OF, THE PUBLIC HEALTH SERVICE. IF IN THE MEANTIME THE PATIENT HAS CHANGED HIS OCCUPATION AND IS NO LONGER A MERCHANT SEAMEN OR OTHERWISE A BENEFICIARY OF THE PUBLIC HEALTH SERVICE, IT WOULD FOLLOW THAT THERE WOULD BE NO RIGHT OF ADMISSION INTO THE HOSPITAL ON THAT BASIS. THE RIGHT OF REENTRY WITHIN THREE YEARS UNDER SECTION 4843, REVISED STATUTES, HAS REFERENCE ONLY TO THE PERSONNEL OF THE ARMY, NAVY, AND MARINE CORPS AND IS NOT EXTENDED TO MERCHANT SEAMEN AS PATIENTS OF THE PUBLIC HEALTH SERVICE.