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nized or paid as officers in the service of the United Statos until mustered into said service after having been appointed by the governor. (5 Comp. Dec., 429.)

The act of July 7, 1898, provided that all officers and enlisted men of the volunteers received into the service of the United States under the act of April 22, 1898, and acts supplemental thereto, should be paid from the day on which they had their names enrolled for service in the Volunteer Army of the United States. In many cases the State paid them as militia men for the period from enrollment to muster in and they were also paid by the United States under these acts, thus having been paid for this period both by the State and the United States. (5 Comp. Dec., 381.)

Their status does not therefore appear to have been fixed by their pay and until their status is fixed as an officer or soldier serving in the military service of the United States they can not be said to be serving in the Army or Navy either actually or constructively within the meaning of the acts that authorize all actual service in the Army or Navy, or both, to be counted in computing the time of actual service for the purpose of longevity pay.

Acceptance into the military service of the United States is not only a contract but effects a change of status and makes the person accepted amenable to military jurisdiction. (In re Grimley, 137 U. S., 147, and in re Morrissey, 137 U. S., 157, 159.)

Enrollment for service does not change the status although invited by the United States. Congress would doubtless have the right to give them the status of a soldier for all purposes affecting their service from the date of enrollment, and the declaration that their pay and allowances shall be deemed to commence from the date of enrollment might be taken as equivalent to a declaration that their service shall be deemed to commence from this date for all purposes of pay and allowances, but in view of the fact that the acts of May 26, 1858, and July 7, 1898, were passed some time after most of the volunteers to which they applied were accepted into the service of the United States and that such a construction would have the effect of crediting them with this service not only for the purposes of pay proper but for all other purposes affecting their status as a soldier against the practice of the departments relative to such service prior to the passage of these acts, it is not believed that such a construction is warranted. If Congress had intended that these words should be understood as recognizing the service for which they provided pay as service in the Army within the technical meaning of that term it would have been easy for them to have so expressed themselves as to have left no doubt. I am therefore of the opinion that the acts of May 26, 1898, and July 7, 1898, were not intended to affect the status of volunteer officers as to their service for the purpose of longevity pay. (See Op. Att. Gen. of February 27, 1901. and of the Judge Advocate General of October 6, 1900.)

It is therefore held that officers of the Regular or Volunteer Army, coming within the provisions of the acts above cited, having prior service as commissioned officers of State volunteer organizations, are not entitled to credit for service for longevity pay from the date "they had their names enrolled for service in the Volunteer Army of the United States and joined for duty therein after having been called for by the Governor on the authority of the President."

The only question upon which a decision appears to have been requested is that affecting the longevity pay of volunteer officers and that is the only one decided herein.

As the result of further and fuller consideration this decision is substi tuted for my decision of March 11, 1901, on the same question, which was withdrawn from your Department for reconsideration by my letter of April 2, 1901.

Respectfully,

R. J. TRACEWELL,

Comptroller.

BY COMMAND OF LIEUTENANT GENERAL MILES:

H. C. CORBIN,

Adjutant General,

Major General, U. S. Army.

CIRCULAR,

No. 15.

HEADQUARTERS OF THE ARMY,

ADJUTANT GENERAL'S OFFICE,

Washington, April 27, 1901.

The following decision has been made and is published to the Army for the information and guidance of all concerned:

INCREASED PAY OF GUNNERS.-First and 2d class gunners of the Artillery Corps are held to be entitled to the increase of pay granted by the act of Congress approved February 2, 1901, from the date of the report of the company board of examination announcing the names of the successful competitors, as required by section 7, paragraph IV, General Orders, No. 36, March 19, 1901, from this office.-[Decision Sec. War, April 24, 1901-372993 A. G. O.]

BY COMMAND OF LIEUTENANT GENERAL MILES:

H. C. CORBIN,

Adjutant General,

Major General, U. S. Army.

No. 16.

ADJUTANT GENERAL'S OFFICE,

Washington, May 10, 1901.

The following opinion of the Judge Advocate General of the Army, approved by the Secretary of War, is published for the information and guidance of all concerned:

STATUS OF OFFICERS HOLDING PERMANENT COMMISSIONS AS ASSISTANT QUARTERMASTERS WITH THE RANK OF CAPTAIN.Upon the question whether officers of the Quartermaster's Department commissioned as captains and assistant quartermasters prior to the act of February 2, 1901, will continue to hold that designation, or whether under that act they become without the issuance to them of new commissions quartermasters with the rank of captain, and whether this class of officers who have already been appointed as assistant quartermasters will be required to renew their bonds as quartermas ters in lieu of those heretofore furnished by them

WAR DEPARTMENT,

JUDGE ADVOCATE GENERAL'S OFFICE,

Washington, D. C., April 10, 1901.

I am of the opinion that the law mentioned has changed the name of the office; that existing commissions remain in force; that the designation "quartermaster" may hereafter be used as to those holding commissions as assistant quartermasters, and that existing bonds remain in force.

In case an officer holding a commission as assistant quartermaster hereafter gives a bond, the bond should be given as quartermaster and should, in parentheses, recite the fact that the party holds a commission as assistant quartermaster, now called quartermaster, under the act of February 2, 1901.

G. N. LIEBER, Judge Advocate General.

The foregoing opinion approved by the Secretary of War, May 2, 1901.

BY COMMAND OF LIEUTENANT GENERAL MILES:

H. C. CORBIN,

Adjutant General,

Major General, U. S. Army.

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