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under observation, and general prisoners sick therein, at the rate of 40 cents per ration (except that at the general hospital at Fort Bayard, New Mexico, 50 cents per ration and at other general hospitals 40 cents per ration are authorized for enlisted patients therein), to be paid to the surgeon in charge.1 Act of May 12, 1917 (40 Stat. 50).

616a. Funds appropriated for support of Army available for purchase of reserve supplies.-Hereafter funds appropriated for support of the Army may be used for the procurement of supplies to be held in store for issue to the Army during subsequent fiscal years. Act of Mar. 4, 1915 (38 Stat. 1078).

632a. Appointment of Army pay clerk with certain service as first lieutenant, Quartermaster Corps.-The President is authorized to appoint, and, by and with the advice and consent of the Senate, to commission to the grade of first lieutenant in the Quartermaster Corps, United States Army, a pay clerk of over thirty-one years' service, now in active service, and who has been recommended by the then Secretary of War for such appointment. Act of Aug. 29, 1916 (39 Stat. 644).

633a. Certain clerks to be known as field clerks, Quartermaster Corps, to receive allowances of pay clerks, and to be subject to the Articles of War.-Hereafter not to exceed two hundred clerks, Quartermaster Corps, who shall have had twelve years of service, at least three years of which shall have been on detached duty away from permanent stations, or on duty beyond the continental limits of the United States, or both, shall be known as field clerks, Quartermaster Corps, and shall receive the same allowances, except retirement, as

Under the provisions of the Army appropriation act of May 12, 1917 (40 Stat. 50), it is proper for the camp quartermaster at a National Guard camp to pay to the surgeon of the base hospital commutation of rations for nurses, male and female, stationed at such hospital at a rate of 40 cents per ration when it appears that rations in kind can not be as economically issued. (Dig. Opin. J. A. G., February, 1918.)

2 Upon inquiry (a) whether Army field clerks and field clerks, Quartermaster Corps, are exempt from militia duty, and (b) whether their enlistment in the National Guard is prohibited

Held, as to (a), that since Army field clerks and field clerks, Quartermaster Corps, now occupy a status in the military service of the United States, they come within the provisions of section 59 of the national defense act which exempts "persons in the military and naval service of the United States " from militia duty, and therefore are exempted from such duty.

Held, as to (b), that the National Guard is plainly designed by the national defense act to be an effective force and to supplement the permanent military forces of the Nation, and that it is plainly the intent of the law governing its organization that its members shall be available for any service which it may be called upon to perform, and not be prevented from performing such duty by any paramount obligation in the permanent military force. This intent is clearly indicated by the exemption of persons in the military and naval service of the United States from militia duty, above cited. That special authority of law is necessary to justify the occupancy of status in both the Regular Army and the National Guard by the same person is indicated by the authority expressly conferred by section 100 of the national defense act for officers of

heretofore allowed by law to pay clerks, Quartermaster Corps, and shall be subject to the rules and articles of war. Id. 625.

651a. Allowance of fuel, quarters, and forage.-Fuel, quarters, and forage may be furnished in kind to officers by the Quartermaster's Department according to law and regulations: (Provided, however, That when forage in kind can not be furnished by the proper departments, then and in all such cases officers entitled to forage may commute the same according to existing regulations: Provided further, That officers of the Army and of Volunteers assigned to duty which requires them to be mounted shall, during the time they are employed on such duty, receive the pay, emoluments, and allowances of Cavalry officers of the same grade, respectively.) Sec. 1270, R. S.

668a. Commutation of quarters to officers, etc., where no public quarters are available.-Hereafter, at places where there are no public quarters available, commutation for the authorized allowance therefor shall be paid to commissioned officers, acting dental surgeons, veterinarians, members of the Nurse Corps, and pay clerks at the rate of $12 per room per month; and, when specifically authorized by the Secretary of War, to enlisted men at the rate of $15 per month, or in lieu thereof he may, in his discretion, rent quarters for the use of said enlisted men when so on duty. Act of March 4, 1915 (38 Stat. 1069).

668b. Same-Secretary of War may determine when and where public quarters are not available.-Hereafter the Secretary of War may determine where and when there are no public quarters available within the meaning of this or any other act. Id.

668c. Commutation of quarters, heat, and light for officers, etc.For commutation of quarters and of heat and light to commissioned officers, members of the Nurse Corps, and enlisted men on duty at places where no public quarters are available.1 Act of Aug. 29, 1916 (39 Stat. 628).

671a. Determination of travel and duty.-The Secretary of War may determine what shall constitute travel and duty without troops within the meaning of the laws governing the payment of mileage the Regular Army to accept commissions in the National Guard with the permission of the President and terminable at his discretion. There is no such authority for any persons in the active military service of the United States, other than officers, to occupy such dual status. Therefore, the effect of the law governing the organization and maintenance of the National Guard is to render a status in the active permanent Military Establishment incompatible with a status in the National Guard. The enlistment of Army field clerks and field clerks, Quartermaster Corps, is therefore, in effect, prohibited by law. (War Dept. Bull. 34, June 8, 1917.)

'Held, that in view of the fact that the appropriation limits the payment of commutation of quarters, heat, and light to officers only when on duty at places where no public quarters are available, commutation of heat and light can not legally be paid to officers on duty in the field who are provided with tent quarters and who rent other quarters at their own expense. (War Dept. Bul. No. 47, Nov. 16, 1916.)

and commutation of quarters to officers of the Army. Act of June 12, 1906 (34 Stat. 246).

673a. Officers on duty as observers with foreign armies in field, expenses of. The actual and necessary expenses of officers of the Army who, after July first, nineteen hundred and fourteen, have been on duty abroad for the purpose of observing operations of armies of foreign States at war, and of officers who may hereafter be on duty abroad for that purpose, shall be paid out of the appropriation for contingencies of the military information section, General Staff Corps, upon certificates of the Secretary of War that the expenditures were necessary for obtaining military information. Act of Mar. 4, 1915 (38 Stat. 1063).

673b. Traveling expenses of officers and enlisted men of foreign armies attached to U. S. Army during present emergency.-The Secretary of War is hereby authorized, under such regulations and in such manner as he may prescribe, to employ such portion of the appropriations made for transportation of the Army and its supplies as in his judgment may be necessary to defray the expenses of travel incurred by officers and enlisted men of foreign armies attached to the Army of the United States during the present emergency, and that those officers and enlisted men, who may have been performing duties in this connection, be reimbursed from this appropriation for the expenditures they have already been obliged to make. Act of Oct. 6, 1911 (40 Stat 361).

675a. Mileage to engineer officers.--In determining the mileage of officers of the Corps of Engineers traveling without troops on duty connected with works under their charge, no deductions shall be made for such travel as may be necessary on free or bond-aided or land-grant railways. Sec. 15, Act of Sept. 19, 1890 (26 Stat. 456).

680a. Subsistence expenses of officials-Allowances for, outside of District of Columbia limited.-On and after July first, nineteen hundred and fourteen, unless otherwise expressly provided by law, no officer or employee of the United States shall be allowed or paid any sum in excess of expenses actually incurred for subsistence while traveling on duty outside of the District of Columbia and away from his designated post of duty, nor any sum for such expenses actually incurred in excess of $5 per day; nor shall any allowance or reimbursement for subsistence be paid to any officer or employee in any branch of the public service of the United States in the District of Columbia unless absent from his designated post of duty outside of the District of Columbia, and then only for the period of time actually engaged in the discharge of official duties. Act of Apr. 6, 1914 (38 Stat. 318).

688a. Mileage to officers in Aviation Section, appropriation available for.-Mileage to officers in the aviation section, Signal Corps,

traveling on duty in connection with aviation service shall be paid from the appropriation for the work in connection with which the travel is performed.1 Act of May 12, 1917 (40 Stat. 34).

688b. Mileage to officers of Ordnance Department, appropriation available for.-Mileage to officers of the Ordnance Department traveling on duty in connection with that department shall be paid from the appropriation for the work in connection with which the travel is performed. Id., 65.

689a. Disbursement of certain appropriations heretofore made which shall constitute one fund.-All the money hereinbefore appropriated under the titles Subsistence of the Army, Regular Supplies-— Quartermaster Corps, Incidental Expenses-Quartermaster Corps Transportation of the Army and its Supplies, Water and Sewers at Military Posts, and Clothing and Camp and Garrison Equipage shall be disbursed and accounted for by officers and agents of the Quartermaster Corps as "Supplies, Services, and Transportation, Quartermaster Corps," and for that purpose shall constitute one fund. Act of Mar. 4, 1915 (38 Stat. 1078).

689b. Same.-All the money hereinbefore appropriated under the titles Subsistence of the Army; Regular supplies, Quartermaster Corps; Incidental expenses, Quartermaster Corps; Transportation of the Army annd its supplies; Water and sewers at military posts, and Clothing and camp and garrison equipage, shall be disbursed and accounted for by officers and agents of the Quartermaster Corps as" Supplies, Services, and Transportation of Quartermaster Corps," and for that purpose shall constitute one fund. Act of Aug. 29, 1916 (39 Stat. 635.)

(For similar provisions see the acts of May 12 and October 6, 1917, 40 Stats., 55, 362.)

689c. Disbursements to be made by the Quartermaster Corps.All the money hereinbefore appropriated for pay of the Army and miscellaneous, except the appropriation for mileage to commissioned officers, contract surgeons, expert accountant, Inspector General's

On the question whether the action of the Secretary of War in authorizing the Chief Signal Officer "to issue orders to officers in the aviation section, Signal Corps, under his immediate command, directing journeys on duty in connection with the aviation service of the Army." extends to officers of the aviation section, Signal Cfficers' Reserve Corps, under the command of the Chief Signal Officer, traveling on duty in connection with the aviation service of the Army.

Held, that the authority conferred has reference to the provisions in the Army appropriation act, approved May 12, 1917, providing: "That mileage to officers in the aviation section, Signal Corps, traveling on duty in connection with aviation service shall be paid from the appropriation for the work in connection with which the travel is performed;" and that the provision of this act was evidently intended to apply to all travel and duty in connection with the aviation service whether performed by regular or reserve officers of the aviation section, Signal Corps; and that the authority in question should be construed as extending to officers of the aviation section, Signal Officers' Reserve Corps, when traveling on duty in connection with the aviation service of the Army. (War Dept. Bull. 42, July 19, 1917.)

Department, Army field clerks, and field clerks of the Quartermaster Corps, when authorized by law, shall be disbursed and accounted for by officers of the Quartermaster Corps, as pay of the Army, and for that purpose shall constitute one fund. Act of Oct. 6, 1917 (40 Stat. 357).

(For similar provision see act of May 12, 1917, 40 Stats., 50.)

695a. Pay of noncommissioned officers and enlisted men.-Hereafter the monthly pay of enlisted men of certain grades of the Army created in this Act shall be as follows, namely: Quartermaster sergeant, senior grade, Quartermaster Corps; master hospital sergeant, Medical Department; master engineer, senior grade, Corps of Engineers; and band leader, Infantry, Cavalry, Artillery, and Corps of Engineers, $75; hospital sergeant, Medical Department; and master engineer, junior grade, Corps of Engineers, $65; sergeant, first class, Medical Department, $50; sergeant, first class, Corps of Engineers; regimental supply sergeant, Infantry, Cavalry, Field Artillery, and Corps of Engineers; battalion supply sergeant, Corps of Engineers; and assistant engineer, Coast Artillery Corps, $45; assistant band leader, Infantry, Cavalry, Artillery, and Corps of Engineers; and sergeant bugler, Infantry, Cavalry, Artillery, and Corps of Engineers, $40; musician, first class, Infantry, Cavalry, Artillery, and Corps of Engineers; supply sergeant, mess sergeant, and stable sergeant, Corps of Engineers; sergeant, Medical Department, $36; supply sergeant, Infantry, Cavalry, and Artillery; mess sergeant, Infantry, Cavalry, and Artillery; cook, Medical Department; horseshoer, Infantry, Cavalry, Artillery, Corps of Engineers, Signal Corps, and Medical Department; stable sergeant, Infantry and Cavalry; radio sergeant, Coast Artillery Corps; and musicians, second class, Infantry, Cavalry, Artillery, and Corps of Engineers, $30; musician, third class, Infantry, Cavalry, Artillery and Corps of Engineers; corporal, Medical Department, $24; saddler, Infantry, Cavalry, Field Artillery, Corps of Engineers, and Medical Department; mechanic, Infantry, Cavalry, and Field Artillery, and Medical Department; farrier, Medical Department; and wagoner, Infantry, Field Artillery, and Corps of Engineers, $21; private, first class, Infantry, Cavalry, Artillery, and Medical Department, $18; private, Medical Department, and bugler, $15.1 Sec. 28, Act of June 3, 1916 (39 Stat. 186).

(See paragraph 702a for the ensuing provision of this section; see also paragraphs 697 and 698.)

695b. Increased pay of enlisted men of Army of United States.Commencing June one, nineteen hundred and seventeen, and con

Held, that by reason of the saving clause in section 28, that "nothing herein contained shall operate to reduce the pay or allowances now authorized by law for any grade of enlisted men of the Army," privates of the Medical Department transferred to that grade from the Medical Corps by operation of section

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