from receiving the statutory fees from parties who may secure his services as notary in the execution of contracts with the Government. Card 167, August, 1894. CLERK MISCELLANEOUS. 808. The appropriation act approved August 6, 1894 provides expressly that the clerks and messengers provided for by it "shall be employed and apportioned to the several headquarters and stations by the Secretary of War." Held that they are each to be employed by the Secretary of War at a particular specified salary and that department commanders have no power to discharge any of them or to increase or reduce their salaries. Card 380, September, 1894. 809. Clerks and messengers employed under the act of Congress approved August 6, 1894, when travelling under orders should be given the transportation, subsistence etc., authorized by the Army Regulations to be given civil employees when traveling under orders. Card 526, October,, 1894. 810. Par. 1252, A. R., provides that "when the circumstances of their service make it necessary, civilians employed with the army may each be allowed one ration per day." Held that clerks at the headquarters of military departments while on duty with the army in the field, may if "the circumstances of their service make it necessary” be allowed a daily ration under this regulation. Cards 4190, 4385, May and June, 1898. (See A. R. 1378 of 1901.) 811. A clerk appointed under the act of Congress, approved August 6, 1894, is not eligible under existing law and regulations for appointment as a post non-commissioned staff officer. Card 2034, February, 1896. 812. There is no authority for paying the clerks of the Ordnance Department engaged outside of the War Department proper-at arsenals away from Washington-for time spent on either ordinary or sick leave of absence, the law allowing clerks leave of absence with pay not being applicable to them. Card 3793, January, 1898. 813. There is no precedent for allowing the traveling and other legitimate expenses of the personal clerk of an officer ordered before a court of inquiry. If he be a material witness he may of course be subpœnaed as such and be paid the legal witness fees. 57, 196, January. 1893. 814. Transportation requests were issued by the Quartermaster Department to five postal clerks, also requests for one double berth each in sleeping car, from Washington, D. C., to Tampa, Fla., on a verbal order from the Assistant Secretary of War, the nature of the journey being "for duty with troops in the field." Held that the accounts could legally be paid from the appropriation for army transportation. Card 6927, September, 1899. 815. Held that the clerks in the Quartermaster Department who, in 1862, were employed as an armed force to protect public property at Washington and to assist in its defence, were not in the military service proper but remained civilians. The mere fact, therefore, that they served till their service was no longer required, did not, at the end of that time, place them in the status of being "honorably discharged” in the sense of the civil service rules regulating appointments to civil office. 35, 371, October, 1889. CLOTHING ALLOWANCE. 816. A sentence forfeiting “pay and allowances" for a certain period does not affect the right of the soldier to receive the necessary clothing during such period. It is supplied under A. R. 1294 (1193 of 1895; 1317 of 1901). XXIX, 591, January, 1870; 62, 244, November, 1893. 817. A soldier is not entitled to be credited in his clothing account. with the value of clothing lost by fire or other casualty. This can be made good to him only through the reimbursement authorized by the act of March 3, 1885. 63, 278, January, 1894. 818. Pay and allowances are given to a soldier because he earns them or is, without fault on his part and by circumstances not within his control, prevented from doing so; and when pay is withheld from him for the reason that he (by his own fault) failed to earn it, his clothing allowance should be withheld for the same reason. Thus held that a soldier absent without leave by his own fault, or in the hands of the civil authorities serving sentence of a civil court, should not be allowed either pay or clothing allowance for the period of such unauthorized absence from duty. Card 2010, February, 1896. 819. A soldier was sentenced to be confined at hard labor with forfeiture of all pay and allowances for six months" and while serving such sentence he drew clothing to the value of about thirty dollars which amount was charged against his clothing allowance accruing prior and subsequently to the period of confinement. Held that he forfeited his clothing allowance during the period of confinement under the terms of the sentence, and that it was proper to charge the same against him as stated. This is understood to accord with the practice in such cases. Card 1525, July, 1895. 820. Where a soldier was sentenced to dishonorable discharge "forfeiting all pay due or to become due," held that his right to clothing allowance, if there was any due him at date of discharge, was wholly unaffected by the sentence; "allowances" being distinct from "pay." XLIX, 526, December, 1885. 821. The Army Appropriation Act for the year ending June 30, 1896, made the usual appropriation "for cloth, woolen material and for the manufacture of clothing for the army; for issue and sale at cost price according to the Army Regulations." Par. 1193, A. R. (1317 of 1901), prescribes that commanding officers may order necessary issues of clothing to military prisoners who have no clothing allowance from deserters or other damaged clothing or from clothing specially provided for the purpose. Damaged clothing and clothing specially provided would be unissued clothing purchased from the appropriation for clothing, camp and garrison equipage. This paragraph of the regulations (which is in effect a repetition of par. 1294, A. R., of 1889) should be accepted as an authoritative construction of that part of the appropriation act relating to clothing, etc., to the effect that the word "army", as used therein, includes general prisoners. Held therefore that the Secretary of War could legally authorize issues of overcoats, arctic overshoes, woolen mittens and flannel shirts to general prisoners,' as a charge against the appropriation for clothing of the army. Card 2057, March, 1896. 822. Held that the provision in an army appropriation act "for a suit of citizen's outer clothing * * * to be issued upon release from confinement to each prisoner who has been confined under a court-martial sentence involving dishonorable discharge," dia not apply where the sentence of the court adjudged dishonorable dis charge without any term of confinement. Card 2925, February, 1897. 823. Circular 57, A. G. O., 1898, provides that "whenever articles of clothing of enlisted men have been destroyed to prevent contagion a gratuitous issue of such articles of clothing will be made to the enlisted men to whom such clothing belonged upon the certificate of the officer who has personal knowledge of the facts." Held that there was no provision for paying for the clothing destroyed, in lieu of the gratuitous issue authorized. Card 5588, January, 1899. 824. Clothing issued to a soldier and charged to his clothing account, becomes his personal property subject to its use in the military service and ceases to be an allowance subject to forfeiture. But such clothing found and turned in to the quartermaster after the soldier's desertion, should be considered as having been abandoned and become again the property of the United States. Card 3251, June, 1897. 825. A soldier discharged without honor does not by reason of such 1See Circular 5, A. G. O., 1896, authorizing such issues to be made under par. 1193, A. R. (1317 of 1901), when in the judgment of the department commander necessary to prevent suffering. discharge forfeit his right to clothing already issued to him, and the same may properly be delivered to him if his clothing account is not overdrawn. Card 2107, March, 1896. 826. Where a soldier discharged without honor for fraudulent enlistment had overdrawn his clothing allowance to the amount of $31.92, but left in the hands of the military authorities clothing of the value of $31.46, advised that this clothing be turned over to the proper quartermaster, and that the money value be credited on the man's clothing account. Card 2113, March, 1896. The clothing in excess of the allowance for the time a soldier has served should be considered as government clothing advanced to him, and, on the rescinding of his contract for fraud in his enlistment, he should be required to return the same. Card 7782, March, 1900. 827. A soldier was tried for fraudulent enlistment and sentenced to be dishonorably discharged with forfeiture of all pay and allowances and confinement for six months. Held that clothing which had previously been issued to him could not legally be withheld from him unless he was to the extent of its value indebted to the United States on his clothing account. Card 3803, January, 1898. 828. Under Sec. 1302, Rev. Sts., "the money value of all clothing overdrawn by the soldier beyond his allowance shall be charged against him," and Sec. 1298 provides for gratuitous issues to replace clothing destroyed to prevent contagion, but there is no other statutory authority for gratuitous issues to enlisted men. Under Sec. 1296 the "President may prescribe the uniform of the army and quantity and kind of clothing which shall be issued annually to the troops of the United States;" and under this authority tables are issued showing the price of clothing, the allowance in kind to each soldier for each year of his enlistment, thus giving the money value of his clothing allowances, and these are changed. from time to time in orders. Pars. 1189 and 1191, A. R. (1313 and 1315 of 1901), provide for gratuitous issues of certain articles to troops serving in extremely cold climates, such articles to be charged to the soldier only in case of loss or damage other than from fair wear and tear; and these regulations while purporting to provide for gratuitous issues may be treated as prescribing an increase of the allowance under the conditions named in the regulations. Where, therefore, the department commander directed a gratuitous issue of one suit of khaki uniform, one campaign hat, one pair of leggins and one pair of shoes to each enlisted man who was engaged in the campaign which ended with the attack upon and fall of Manila, P. I., on August 13, 1898, presumably to replace articles lost or damaged under the extraordinary conditions of the campaign, the issues to be made upon properly approved requisitions, &c., it was held that there was no legal objection to a regulation providing for an increase in the clothing allowance to replace articles thereof which have been practically destroyed in carrying on a campaign under the conditions of the campaign in question, and that the regulation could be made retroactive to cover issues already made with respect to such conditions. Card 5862, February, 1899. COLLEGE, ETC.1 829. Sec. 1225, Rev. Sts., provides for the detail of army officers at colleges, etc. The provision of this section that "the number of officers so detailed shall not exceed thirty at any time," means that only thirty officers in all-active and retired-shall be so detailed.2 XXXVII, 201, December, 1875. 830. Held, that the term "established college or university within the United States," could properly and safely be construed as including only State universities or incorporated public institutions; that, in view especially of the fact that only thirty colleges, &c., could be provided with arms, military professors, &c., at one time, it could not be supposed that it was contemplated by Congress that the provisions of the statute should extend to private or unincorporated schools or academies. XLI, 496, January, 1879; XLII, 173, February, 1879. 831. The act of Sept. 26, 1888, c. 1037, in amending Sec. 1225, Rev. Sts., authorizes the detail of officers and issue of arms to "any established military institute, seminary or academy, college or university." Held, that the term "established," construed in connection with the terms of the previous legislation on this subject, was to be interpreted as including incorporated institutions or those established by law, such as State institutions, and that an unincorporated private school 1 General Rules prescribed by the President, in accordance with the provisions of Sec. 1225, Rev. Sts., and relating to "Daties of Officers," "Organization and Discipline,' ""Course of Instruction," &c., together with the laws governing the subject, are published in G. O. 70, A. G. O., Dec. 11, 1897. 2 The number has since been extended by the acts of Sept. 26, 1888 (25 Stats., 491), Jan. 13, 1891 (26 Stats., 716), and Nov. 3, 1893 (28 Stats., 7); and the detail of retired officers, without increased pay from the U. S., is authorized by Sec. 1260, R. S.; act of May 4, 1880 (21 Stats., 113); and a t of February 26, 1901, amending Sec. 1225, Rev. Sts. A retired officer detailed for service at a college under Sec. 1260, Rev. Sts., receives no additional compensation from the Government; if detailed under the act approved May 4, 1880, he may receive from the institution to which he may be detailed the difference between his retired and full pay but shall not receive from the United States any additional pay or allowance. Retired officers so detailed are in addition to the number of details authorized by Sec. 1225, as amended by act of Nov. 3, 1893. Retired officers who, upon their own application are detailed to educational institutions in accordance with the provisions of the act of November 3, 1893, are included in the number of details authorized by that act (100 from the Army) and are entitled to the full pay of their rank (6 Comp. Dec. 124, Aug. 15, 1899), but not to commutation of quarters. 6 Comp. Dec. 506, Nov: 23, 1899. See provisions of the act of February 26, 1901, supra, in regard to the payment by the "schools" of commutation of quarters to retired officers detailed thereunder. |