[25 Stat. L., p. 437.]

[Extract from an act to extend the provisions of "An act to provide for the muster and pay of certain officers and enlisted men of the volunteer forces," and for other purposes.]

ter of certain

ed men.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of "An act to provide for Date of musthe muster and pay of certain officers and enlisted men volunteer offof the volunteer forces," approved June fourth, eighteen cers and enlisthundred and eighty-four, as amended by the act approved February third, eighteen hundred and eighty-seven, be, and the same are hereby, revived and extended for a Time for filperiod of five years from the third day of June, eight- tended, etc. een hundred and eighty-seven. Approved August 13, 1888.

ing claims ex

[27 Stat. L., p. 440.]

AN ACT to extend the provisions of an act to provide for the muster and pay of certain officers and enlisted men of the volunteer forces.

Volunteers.

Correction of muster of offiTime ex

tended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of an act to provide for the muster and pay of certain officers and enlisted men cers. of the volunteer forces, approved June third, eighteen hundred and eighty-four, as amended by an act approved February third, eighteen hundred and eightyseven, be, and the same are hereby, revived and extended for a period of three years from the third day of June, eighteen hundred and ninety-two.

Approved February 9, 1893.

NOTE. The Auditor has jurisdiction of claims arising under these acts.

NOTES OF DECISIONS OF THE COURT OF CLAIMS AND SUPREME
COURT OF THE UNITED STATES.

MUSTER AND PAY OF CERTAIN OFFICERS AND ENLISTED MEN
OF THE VOLUNTEER FORCES.

THE ACT OF CONGRESS AS CONSTRUED BY THE COURT OF CLAIMS.

The act of June 3, 1884, which provides for paying officers of volunteers who, without fault of their own, were not mustered in, but who performed the duties of the grade, does not extend to an officer who was prevented by ill health from joining his command. (North Case, 21 C. Cls. R., p. 15.)

An officer's claim for pay, in a case where he was commissioned but not mustered in, depends upon and is

limited by the act of June 3, 1884.

C. Cls. R., p. 284.)

(Meyer's Case, 20

The right is limited by the act to those whose commissions bear date prior to June 20, 1863, or to those whose commands were not below the minimum. (Ibid.)

1. An officer who shows that he received a commission from the proper source, and who serves and is recognized as such officer by his superiors until his regiment is mustered out, and who presented himself at the proper time and place to be mustered in, and was refused, makes out a prima facie case for full pay under the joint resolution of Congress of July 26, 1866, " for the relief of certain officers of the Army."

2. It does not rebut this prima facie case to prove that the officer who refused to muster him in alleged that he was not entitled to such muster, because the company to which he was assigned as lieutenant was below the minimum in numbers.

3. Such a statement is not a finding of the fact by the Court of Claims that the company was reduced below the minimum.

4. Nor does the fact, if found, bring the case within section 20 of the act of March 3, 1863, forbidding the appointment of officers to a regiment when that regiment has been reduced below the minimum number allowed for regiments. (United States v. Henry, 17 Wallace, p. 405.)

The muster and pay of officers of the volunteer forces as considered by the Court of Claims follows:

When one is commissioned as second lieutenant in a volunteer regiment by the governor of the State whence the regiment came, and is assigned to duty by the colonel commanding, in a company of which he has been first sergeant, and after applying for muster-in and being refused continues to incur all the responsibilities and perform all the duties of a commissioned officer, commanding the company in battle, and being the only officer attached to it, he is entitled to be paid as such, notwithstanding that at the time he was assigned to duty it had fallen below the minimum number entitling it to a second lieutenant. (Lieut. Henry's case, p. 162; 6 Ct. Cls.)

The court further said:

The court is not unmindful of the learned argument addressed to it by the Assistant Attorney-General, but it is also remembered that this suit affects not the claimant alone, but a class of citizens who deserve well of their country, and who their country desires should receive the full measure of legal justice to which they may be entitled. For them there is no appeal to the Supreme Court; for the defendants there is. If this suit be decided adversely to the claimant by this court, the decision will be final against all of these soldiers. They are men who rose from the ranks by hard fighting and good conduct, earning their commissions before they got them, and working for them after they came; and it seems a strange anomaly that six years after the war ended such men should be driven to seek the fruits of their promotion in a court of justice.

INCOME TAX DEDUCTED FROM PAY OF OFFICERS.

The Comptroller of the Treasury rendered a decision on the income tax erroneously deducted from pay of officers, to wit:

Where a right to pay and allowances accrued prior to August 1, 1870, the income tax authorized by laws enacted prior to that date is a proper stoppage against such pay and allowances, but where the right to collect pay and allowances for services rendered prior to August 1, 1870, did not exist until created by a law enacted after July 31, 1870, no part of the pay and allowances is taxable. (Decisions of the Comptroller of the Treasury, vol. 13, p. 387, December 7, 1906; see also 39 Ct. Cls. R., case of Wellington Barry.)

ARMY OFFICERS.

TRAVEL PAY TO OFFICERS AND ENLISTED MEN OF THE
ARMY ON DISCHARGE.

Travel pay

Jan. 29, 1813,

June 20,

SECTION 1289 Revised Statutes provides that when an officer is (honorably) discharged from the service, (ex- to officers. cept by way of punishment for an offense) he shall be vol. 2, p. 674. allowed transportation and subsistence from the place of vol. 2, p. 796. his discharge to the place of his residence at the time of 1864, vol. 13, his appointment, or to the place of his original muster p. 145. into the service. The Government may furnish the same in kind, but in case it shall not do so, he shall be allowed travel pay and commutation of subsistence, according to his rank, for such time as may be sufficient for him to travel from the place of discharge to the place of his residence, or original muster into service, computed at the rate of one day for every twenty miles.

soldiers.

SEC. 1290. When a soldier is (honorably) discharged to Travel pay from the service, (except by way of punishment for an offense,) he shall be allowed transportation and subsistence from the place of his discharge to the place of his enlistment, enrollment, or original muster into the service. The Government may furnish the same in kind, but in case it shall not do so, he shall be allowed travel pay and commutation of subsistence for such time as may be sufficient for him to travel from the place of discharge to the place of his enlistment, enrollment, or original muster into the service, computed at the rate of one day for every twenty miles.

See also acts of March 3, 1799 (1 Stat. L., p. 755), March 16, 1802 (2 Stat. L., p. 137), March 19, 1836 (5 Stat. L., p. 7; 12 Stat. L., p. 270; 12 Stat. L., p. 326).

NOTE. The Court of Claims held that an officer in the Regular Army honorably and involuntarily discharged is entitled to transportation from the place of his discharge to the place of his residence under the above mentioned acts. (4 C. of Cls. Rs., Price's Case, p. 164.)

Travel pay to officers on discharge.

TRAVEL PAY ON DISCHARGE.

[31 Stat. L., p. 902.]

[Extract from an act making appropriation for the support of the Army for the fiscal year ending June 30, 1902.]

*

*

*

*

*

Hereafter when an officer shall be discharged from the service, except by way of punishment for an offense, he shall receive for travel allowances from the place of his discharge to the place of his residence at the time of his appointment or to the place of his original muster into. the service four cents per mile from the place of his discharge to the place of his enlistment, enrollment, or original muster into the service. Act of March 2, 1901 (31 Stat. L., 902).

Transporta abled soldiers

tion for dis

to whom artificial limbs are furnished.

ARTIFICIAL LIMBS.

ACTS OF CONGRESS RELATING TO ARTIFICIAL LIMBS FOR
SOLDIERS AND SEAMEN.

[14 Stat. L., p. 342.]

AN ACT To authorize the Secretary of War to furnish transportation to discharged soldiers to whom artificial limbs are furnished by the Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War is authorized and directed to furnish to discharged soldiers of the United States, who have been disabled in the service, as well as to those not yet discharged, transportation to and from their homes and the place where they may be required to go to obtain artificial limbs provided for them under authority of law.

Approved, July 28, 1866.

[15 Stat. L., p. 237.]

cers in mili

Certain offi- SEC. 14. And be it further enacted, That all officers tary or naval in the military or naval service, of the rank of captain to receive arti- in the army or lieutenant in the navy, and of less rank, ficial limb, who have lost a leg or arm in such service and in the

service entitled

when, etc.

line of duty, or in consequence of wounds received or disease contracted therein, shall be entitled to receive an artificial limb on the same terms as privates in the army are now entitled to receive the same.

Approved, July 27, 1868.

[16 Stat. L., p. 153.]

AN ACT To provide for furnishing artificial limbs to disabled soldiers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

diers heretofore

artificial limbs,

now, and every

after;

sembled, That every soldier who was disabled during Disabled solthe late war for the suppression of the rebellion, and furnished with who was furnished by the War Department with an ar- etc., to be suptificial limb, or apparatus for resection, shall be entitled plled anew to receive a new limb or apparatus as soon after the pas-5 years heresage of this act as the same can be practically [practicably] furnished, and at the expiration of every five years thereafter, under such regulations as may be prescribed by the surgeon-general of the army: Provided, That the or may resoldier may, if he so elect, receive, instead of said limb value thereof, or apparatus, the money value thereof, at the following rates, viz.: For artificial legs, seventy-five dollars; for Commutation arms, fifty dollars; for feet, fifty dollars; for apparatus for resection, fifty dollars.

ceive money

rates.

mutation, how

SEC. 2. And be it further enacted, That the surgeon- Money comgeneral shall certify to the commissioner of pensions a paid. list of all soldiers who have elected to receive money commutation instead of limbs or apparatus, with the amount due to each, and the commissioner of pensions shall cause the same to be paid to such soldiers in the same manner as pensions are now or hereafter may be paid.

Disabled soldiers who can

receive money

SEC. 3. And be it further enacted, That every soldier who lost a limb during the late war, but from the nature not use artiof his injury was not able to use an artificial limb, and ficial limb, to consequently received none from the government, shall value. be entitled to the benefits of this act and shall receive money commutation as hereinbefore provided. Approved, June 17, 1870.

[16 Stat. L., p. 174.]

AN ACT supplementary to "An act to provide for furnishing artificial limbs to disabled soldiers."

nished officers,

men, and ma

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the benefits of the act approved June seven- Artificial teenth, eighteen hundred and seventy, entitled "An act to limbs, etc., furprovide for furnishing artificial limbs to disabled sol- soldiers, seadiers," shall be extended to all officers, soldiers, seamen, rines disabled, and marines disabled in the military or naval service of etc. the United States, as fully as the same are provided for in the acts approved July sixteenth, eighteen hundred and sixty-two, July twenty-eighth, eighteen hundred and sixty-six, and July twenty-seventh, eighteen hundred and sixty-eight, in so far as the said acts relate to artificial limbs and to transportation for procuring said limbs. Approved, June 30, 1870.

[19 Stat. L., pp. 203-204.]

AN ACT to regulate the issue of artificial limbs to disabled soldiers, seamen, and others.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem