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Sugar and coffee.

595. For each ration of sugar and coffee not issued, nor July 5, 1838, c. commuted for the extract of coffee combined with milk and 162, s. 17, v. 5, p. 258. sugar, enlisted men shall be paid in money.1

Sec. 1294, R.S.

appropriation to which they revert is available, for which purpose they are immedi ately available without the intervention of a repay warrant. (Ibid.)

The subsistence supplies contemplated by the provision of the act of March 3, 1875 (18 Stat. L., 410), declaring the proceeds of all sales of such supplies immedi ately available for the purchase of fresh supplies, comprise not only the supplies denominated "subsistence stores," but also the necessary means for handling, preserving, issuing, selling, and accounting for these supplies, as tools, scales, measures, utensils, stationery, safes, office furniture, etc. (Ibid., 344.)

1 SAVINGS.

Articles of the ration (excluding fresh vegetables, bread, and baking powder) due a bakery, a company, or any organization, not needed for consumption, will be retained by the commissary if required for reissue, and will be purchased as savings at the invoice prices. Savings and sales of fresh beef (except of that issued for the sick in hospital, the detachment of the hospital corps, and the hospital matron serv ing therein) are prohibited; baking powder issued but not used will be returned to the commissary. The commissary will purchase the savings of hospitals (including fresh beef) at cost prices when the surgeon in charge so desires, but will not purchase savings of companies, bakeries, or any organization when public loss would result. When not required for reissue, savings may be sold to any person. (Par. 1269, A. R., 1895.)

Savings purchased by the commissary will be entered on a receipt roll, in duplicate, in the name of the organization to which they belong, and the money value receipted for by the officer in charge thereof. Payments for hospital savings will be made to the surgeon of the post or station. (Par. 1270, ibid.)

If savings are not paid for by the commissary in the month in which accumulated, the proper organization will be furnished with an extract, in duplicate, of the receipt roll, showing stores received from it and the amount due, which, duly certified by the commissary and approved by the commanding officer, will be presented for payment to any commissary having funds for the purpose. (Par. 1271, ibid.)

When troops at a post raise their own vegetables, or when they are not supplied with fresh vegetables in kind by the commissary, commutation will be allowed at the prices of potatoes and onions in the vicinity of the post or in the market from which the post is supplied, in the proportion of 80 per cent of potatoes and 20 per cent of onions, the commutation prices being determined monthly by the Subsistence Department. (Par. 1254, ibid.)

COMMUTATION.

The principle which governs commutation of rations in lieu of subsistence is that commutation will not be allowed where subsistence in kind is provided by Government. (Jaegle v. U. S., 28 C. Cls. R., 133.)

Authority to establish the rates of the allowance for commutation of rations has not been given by statute, but the serates have been left to be fixed by Army Regulations. But these amounts are recognized and sanctioned in the provisions of the Army appropriation acts relating to the Subsistence Department. (Dig. J. A. Gen., p. 579, par. 71.)

Paragraph 1273, Army Regulations, 1895, in directing that commutation in lieu of rations shall not be allowed to soldiers where subsistence in kind is provided by the Government, excepts cases where the same is specially authorized by the Secretary of War. Held, that this part of the Regulations was substantially superseded by the statutory provision of the existing Army appropriation act of February 27, 1893, which enumerates several specific classes of enlisted men as persons to whom the payment may be made without reserving to the Secretary of War any authority to extend the privilege. (Par. 72, ibid.)

The allowance for commutation of rations, made payable, by the Army appropriation act of February 27, 1893, "to enlisted men traveling on detached duty, when it is impracticable to carry rations," etc., held to be restricted to the period covered by the travel, and not to be payable to a soldier for commutation of rations consumed at the destination where he was placed by his orders on detached duty, viz, for four days' board at a hotel at the terminus of his travel. (Par. 73, ibid.)

A claim for commutation of rations on furlough can not be allowed without the production of the furlough issued, or other satisfactory evidence that payment has not been made. The burden of proof rests upon the claimant to establish the validity of his claim by something more than his unsupported statements. (1 Compt. Dec., 513.)

Commutation of rations may be allowed at the following rates, under the conditions mentioned. viz:

Conditions.

1. To a soldier at the conclusion of his furlough, provided that on or before
the last day thereof he has reported at his proper station or has been
discharged

2. To sergeants of the post noncommissioned staff (and soldiers acting as
such) on duty at forts and stations where there are no other troops.
3. To a soldier on detached duty, stationed in a city or town where sub.
sistence is not furnished by the Government.

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596. The line officers of the Army shall superintend the Superintend cooking done for the enlisted men.'

ence of cooking. Mar. 3, 1863. c. 78, 8.8, v.12, p.744. Sec. 1284, B.S.

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4. To a soldier traveling under orders from a place or station at which his rations have been regularly commuted...

$1.50

5. To enlisted men traveling under orders (when the journey can not be per formed in twenty-four hours and it is impracticable to carry rations of any kind), as follows:

To an enlisted man traveling alone.....

To two enlisted men traveling as a detachment or traveling as a guard to an insane patient or military prisoner, each..

To an insane patient or military prisoner traveling under guard of one or two enlisted men, to be paid, on the order of the command. ing officer, in advance to and to be receipted for by the person to whose charge the patient or military prisoner is committed by the order..

1.50

1.50

1 50

(Par. 1272. A. R., 1895)

Commutation of rations will not be allowed to enlisted men serving where subsistence is furnished by the Government; or traveling under orders when they can carry and cook their rations, or can carry cooked or travel rations; or traveling under orders by steamboat or steamship where the passage rates include meals; or failing to report at their proper stations on or before the last day of furlough unless discharged; or recruiting parties at their stations; nor to civil employees. (Par. 1273, ibid.)

Section 1233, Revised Statutes, which required cooks to be detailed, in turn, from the privates of each company was repealed by the act of June 29, 1879 (20 Stat. L., ch. 24, p. 276).

CHAPTER XIX.

Pay Department; organization.

C.

299, s. 18, v. 14, p.

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597. The Pay Department; organ- 603. Duties of paymasters.

ization.

598. Right of command.

599. Additional paymasters.

600. Service to be temporary.

604. Paymasters' clerks.

605. Renewing bonds of paymas

ters.

606. Payments to troops.

601. Duties of Paymaster-General. 607. Payment of enlisted men by 602. Duties of deputy paymasters

general.

check.

597. The Pay Department of the Army shall consist of one Paymaster-General, with the rank of brigadier-general; July 28, 1866, 0: two assistant paymasters-general, with the rank of colonel 335; June 4, 1872, of cavalry; three deputy paymasters-general, with the rank c. 286, v. 17, p. 219; Mar. 2, 1875, c. of lieutenant-colonel of cavalry; and twenty paymasters, 118, v. 18, p. 338; Mar. 3, 1875, J. R. with the rank of major of cavalry.1

No. 7, v. 18, p. 524;

July 22, 1876, c. 222, v. 19, p. 95; Mar. 3, 1883, v. 22, p. 457; July 5, 1884, v. 23,

p. 108; July 16, 1892, v. 27, p. 175; Feb. 12, 1895, v. 28, p. 655. Sec. 1182, R. S.

mand.

Right of com- 598. Officers of the Pay Department shall not be entitled, Mar. 3, 1847, c. in virtue of their rank, to command in the line or in other staff corps.

61, s. 13, v. 9, p.

185.

Sec. 1188, R. S.
Additional pay.

masters.

259.

Sec. 1184, R. S.

599. When volunteers or militia are called into the servJuly 5, 1838, c. ice of the United States, and the officers of the Paymas182, s. 25, v. 5, P. ter's Department are not deemed by the President sufficient for the punctual payment of the troops, he may appoint, by and with the advice and consent of the Senate, and add to said corps as many paymasters, to be called additional paymasters, with the rank of major, not exceeding one for every two regiments of volunteers or militia, as he may deem necessary.

The act of July 22, 1876 (19 Stat. L., 95), fixed the rank of Paymaster-General at that of brigadier general. The act of March 3, 1883 (22 Stat. L., 457), provided that vacancies in the grade of lieutenant-colonel and major in the Department should not be filled, by original appointments, until the Pay Corps should have been reduced to forty paymasters. The act of July 5, 1884 (23 Stat. L., 108), authorized the retirement of paymasters (majors) on their own application after twenty years' service, and fixed the organization of the Pay Department as follows: One Paymaster-General (brigadier general), two assistant paymasters-general (colonels), three assistant paymasters general (lieutenant-colonels), and twenty-nine paymasters (majors), and provided that no new appointments should be made until the number of majors should have been reduced to twenty-nine, and thereafter the number of officers in the Pay Department should not exceed thirty-five. The act of July 16, 1892 (27 Stat. L.. 175), fixed the number of majors in the Department at twenty-five. The act of February 12, 1895 (28 Stat. L., 655), fixes the number of majors and paymasters at twenty and provides that there shall be no appointments to the grade of major until the number of paymasters shall have been reduced to twenty. For general provisions respecting promotions in this department, see the chapter entitled THE STAFF DEPARTMENTS.

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temporary.

600. Additional paymasters shall be retained in service, Service to be only so long as they may be required for the payment of July 5, 1838, c. volunteers and militia, as provided herein. 601. The Paymaster-General shall perform the duties of Duties of Payhis office under the direction of the President.

259.

9, s 16, v. 2, p. 135.

162, s. 25, v. 5, p. Sec. 1185, R. S.

master-General. Mar. 16, 1802, c. Sec. 1186, R. S.

602. The deputy paymasters-general shall, in addition to Duties of deppaying troops, superintend the payment of armies in the field.

uty paymastersgeneral. Mar. 3, 1847, €. 61, ss. 12, 22, v. 9, p. 185; July 19, 1848, c. 104, s. 3, v. 9, p. 247; Mar. 2, 1849, c. 80, v. 9, p. 350; July 28, 1866, c. 299, s. 18, v. 14, p. 335. Sec. 1187, R. S.

the

603. The paymasters and additional paymasters shall pay the regular troops, and shall pay all other troops in service of the United States, when required to do so by order of the President.' 582; July 5, 1838, c. 162, s. 25, v. 5, p. 259.

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clerks.

Paymasters' Apr. 24, 1816, c. 69, s. 3, v. 3, p. 297; July 5, 1838.c.162, 8. 20, v. 5, p. 259;

June 20, 1864, c.

604. Paymasters and additional paymasters shall be allowed a capable non-commissioned officer or private as clerk. When suitable non-commissioned officers or privates can not be procured from the line of the Army, they are authorized, by and with the approbation of the Secretary 145. June 30, of War, to employ citizens as clerks, at a salary of fourteen hundred dollars a year.2 Act of June 30, 1882 (22 Stat. L., 118).

145, s. 10, v. 13, p.

1882, v. 22, p. 118.

Sec. 1190, B. S.

bonds of pay.

605. All disbursing officers of the Pay Department shall, Renewing renew their bonds, or furnish additional security, at least masters. once in four years, and as much oftener as the President 80. v. 9, p. 350. may direct.3

Mar. 2, 1849, c.

Sec. 1192, R. S.

PAYMENTS TO TROOPS.

606. The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoidable 1

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listed men by

Feb. 27, 1893, v.

607. That the Secretary of War is also authorized to, Payment of enarrange for the payment of the enlisted men serving at check, etc. posts or places where no paymaster is on duty, by check or 27, p. 175. by currency, to be sent to them by mail or express, at the expense and risk of the United States. Act of February 27, 1893 (27 Stat. L., 175).

Paymasters of the Army are the financial agents of the Government, and their disbursements, represented by vouchers. are examined and scrutinized by the Comptroller, whose duty it is finally to determine whether or not any particular disbursement shall be credited to the officer. In charging an officer, or refusing him credit for erroneous disbursements, the question of proper care invariably enters into consideration in arriving at a decision. The right to determine that question is a most essential feature of the functions of the Comptroller. (3 Dig. Compt. Dec., 11.) For statutory provisions as to the travel allowances of paymasters' clerks, see "Mileage," paragraph 634, post. The act of February 27, 1893 (27 Stat. L., 176), provides that "the number of paymasters' clerks shall be reduced one for every paymaster reduced under the operation of this act."

3For general provisions respecting bonds of disbursing officers, see the chapters entitled THE TREASURY DEPARTMENT and THE STAFF DEPARTMENTS.

4 PAYMENT OF ENLISTED MEN.

Troops will be paid every month unless circumstances prevent, in which case the

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paymaster charged with the payment will immediately report the facts through his chief paymaster to the Paymaster-General. (Par. 1348, A. R., 1895.)

Payments will be made as soon after the close of each month as practicable:

(1) By paymasters in person; or

(2) By check or currency shipped by express.

The troops at posts where paymasters are stationed and others in their immediate vicinity, to be designated in instructions issued from the Adjutant-General's Office, will be paid by paymasters in person.

For posts at which payments are not required to be made in person, the paymaster will transmit the pay due in one or more of the following ways:

(1) By individual check, payable to the order of each man for the exact amount due. (2) By inclosing in a separate sealed envelope the exact amount in currency due each soldier, with his name and the amount inclosed marked thereon. (Par. 1349, ibid.)

Duplicate muster and pay rolls will be duly signed by the men, and forwarded by the commanding officer by mail to the paymaster who has been designated by the department commander to pay the command. (Par. 1350, ibid.)

When forwarding the rolls the post commander will furnish the paymaster with the name, rank, etc., of the officer designated to see that the men of the command are paid, and at the same time will state what part of the pay can conveniently be received by the men in individual checks and cashed at or near the post without discount, designating the location of depository on which it is desired that the checks should be drawn. The remainder of the pay will be sent in envelopes. (Par. 1351, ibid.)

The paymaster will, as far as practicable, draw the checks on the depository desig nated, the checks and money for each organization will be inclosed in separate packages properly marked, and the whole will be consolidated into one package and forwarded by express to the post commander. One of each of the company or detachment rolls extended to show the amounts to be paid will be returned to the commanding officer and by him sent to the proper company commanders. (Par. 1352, ibid.)

At places beyond express delivery, the post commander, when notified by the paymaster that funds are to be expected, will send an officer with a suitable escort to receipt for the express package and convey the funds to the post. The name of the officer authorized to receipt for the package will previously have been reported to the paymaster. (Par. 1353, ibid.)

When the package is received at the post, it will be delivered to the officer who has been designated by the commanding oflicer to distribute the pay. As soon as possible the individual checks or the currency will be handed to the men by the officer designated, and when the payment is in currency from envelopes, a second officer, who may be the company commander, will be required to verify the amounts in the envelopes, so that, in case of error, certificates may be prepared at once by both officers. Should there be a deficiency, it will be so certified on the roll by the paying and the verifying officers, and should there be an excess the surplus will be returned to the paymaster. In each case a statement of the facts, with appropriate certificates, will be sent to the paymaster by the post commander. (Pa. 1354, ibid.) Should any error or informality be discovered in a check, it will be returned to the paymaster for correction; and the roll may be held, or returned with a note as to the nonpayment, at the discretion of the post commander. (Par. 1355, ibid.)

Should the bank or person who cashes the individual check so desire, the company commander will certify to the correctness of the indorsements made by his men upon their respective checks. (Pat. 1356, ibid.)

Each company commander will witness the payment of the company and so certify on the roll, which he will then transmit to the paymaster. When the paymaster has received this witnessed roll he will send the duplicate to be witnessed and returned. Should it be impracticable, owing to his absence or incapacity, to secure the signature of the witnessing officer to the second roll, any commissioned officer may make upon it an official copy of the witnessing officer's certificate and signature as evidenced by the retained roll. (Par. 1357, ibid.)

Should a soldier die or desert in the interval between signing the roll and the actual payment, the check or the cash received for him will be treated as the effects of a deceased soldier or of a deserter. Should he be temporarily absent or in con finement, it will be retained by the company commander until return or release of the soldier. (Par. 1358, ibid.)

Should a soldier decline to receive his pay, or if. for any other reason than those mentioned, it should be impracticable to deliver it to him, the money or check will be returned by express or registered mail to the paymaster the man's signature on the roll canceled and a note of explanation verified by the signature of the witnessing officer made upon the roll. (Par. 1359, ibid.)

Deposits may be made in the usual manner, the amount to be deposited being reported to the paymaster by letter forwarded with the rolls, the soldier's deposit book being also forwarded therewith. Should a man desire to deposit a sum greater than his pay, his company commander will see that a proper check, postal order, or express order accompanies his deposit book; if neither check nor order can be

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