No. 39.

ADJUTANT GENERAL'S OFFICE,

Washington, October 24, 1901.

By direction of the Secretary of War, the following decision of the Comptroller of the Treasury is published to the Army for the information and guidance of all concerned, in connection with paragraph II, Circular, No. 12, April 8, 1901, from this office:

1. The legal right of Army nurses appointed under the act of February 2, supra, to pay for the time they are absent with leave is fixed by the order granting said leave and is not affected by any prior or subsequent service. 2. The former service and the prospect of future service can properly be considered by the administrative officers in determining the time for which the leave will be granted and whether it will be granted with or without pay, but when once granted by proper authority their status as to pay while on such leave is fixed, and if they have been granted leave with pay, not in excess of thirty days for each calendar year, they are entitled to pay during such leave the same as if they were performing actual service.

TREASURY DEPARTMENT,

OFEICE OF THE COMPTROLLER OF THE TREASURY,
Washington, July 29, 1901.

Lieut. Col. G. W. BAIRD. Chief Disbursing Officer, Paymaster General's
Office, War Department.

Leave with pay may be granted to a nurse in the Army Nurse Corps appointed under the act of February 2, 1901, supra, at any time after appointment for a period not exceeding thirty days in each calendar year and when so granted carries with it the right to pay for the period granted whether subsequent service is rendered or not, and if such leave has been granted to the nurse presenting voucher for payment you are authorized to pay her for the time she was so on leave if the account is otherwise correct.

Respectfully,

L. P. MITCHELL.
Assistant Comptroller.

BY COMMAND OF LIEUTENANT GENERAL MILES:

H. C. CORBIN,

Adjutant General,

Major General, U. S. Army.

No. 40.

ADJUTANT GENERAL'S OFFICE,

Washington, October 28, 1901.

By direction of the Acting Secretary of War, the following decision of the Comptroller of the Treasury is published to the Army for the information and guidance of all concerned: 1. An additional paymaster appointed during the war with Spain was not appointed under the act of April 22, 1898, and amendments authorizing the Volunteer Army for the war with Spain, but he was appointed under section 1184, Revised Statutes, and under section 1183, Revised Statutes, was entitled to his discharge when his services were no longer required (not as a matter of right because of the close of the war with Spain) and is entitled to pay as such to the date he received notice or was legally chargeable with notice of his discharge as such. 2. A volunteer officer discharged by reason of the acceptance of a commission in the Regular Army is not entitled to traveling allowances on such discharge. 3. On accepting a commission in the Regular Army, service being continuous, he is not entitled to extra pay.

TREASURY DEPARTMENT.

OFFICE OF COMPTROLLER OF THE TREASURY.

Washington, September 21, 1901.

The Auditor for the War Department has submitted the following decision for approval, disapproval, or modification:

In the examination of the claim of Timothy D. Keleher, major and additional paymaster of the Army, the question arises as to the officer's right to pay as a major of volunteers after acceptance of commission as captain and paymaster, U. S. Army, and his right to travel allowances under act of March 2, 1901 (31 Stat., 902), and to two months' extra pay under act of May 26, 1900 (31 Stat., 217).

This officer was appointed an additional paymaster of the Army with the rank of major under section 1184, U. S. Revised Statutes. He accepted the appointment May 28, 1898, was appointed captain and paymaster, U. S. Army, April 16, 1901, under the act of February 2, 1901, accepted that appointment May 4. 1901, and is still in the service. By Special Orders, No. 110, Adjutant General's Office, dated May 11, 1901, he was by direction of the President discharged "as major, additional paymaster, United States Volunteers, only, to take effect May 11, 1901." The order of discharge appears to have been received by him at San Francisco, Cal., on or about May 20, 1901.

The officer appears to have remained on duty as major and additional paymaster, and under bond as such at least to May 19, 1901. He executed bond as captain and paymaster, U. S. Army. May 20, 1901, which bond was approved June 1, 1901. He was paid as major to May 19, 1901, and as a captain thereafter.