prior to July 14, 1932; Title I, act of Mar. 4, 1933 (47 Stat. 1579), making appropriations for the War Department. for transportation on Army vessels, notwithstanding the provisions of other law, of privately owned automobiles of Regular Army personnel upon change of station; Title I, War Department Appropriation Act of May 15, 1936 (49 Stat. 1287). The second provision above was not repeated in the appropriation act for the fiscal year 1937. A provision similar to the last paragraph above pertaining to personnel of the Regular Navy and Marine Corps is found in section 1, Navy Appropriation Act of June 3, 1936 (49 Stat. 1409). By act of February 11, 1936 (49 Stat. 1107), the Comptroller General was authorized to refund to Army personnel and civilian employees amounts collected from them during period 1927-1929 for transportation of their effects by reason of higher classification of automobiles by carriers. NOTES OF DECISIONS finds that it was impossible to ship on a Government bill-of-lading, ratify any shipment of such baggage made at the personal expense of the officer, and direct reimbursement. (1934) 37 Op. Atty. Gen. 534. Authority of Secretary of War.-Under | Secretary of War and the President, and the provision in the annual appropriation the Secretary may, in any case where he act authorizing transportation of baggage of the Army, and paragraph 40a, AR 30955, and paragraph 6b, AR 30-960, determination of the necessity of shipping authorized baggage by express is a matter exclusively within the jurisdiction of the 1533. Travel of officers under orders without troops; requisites of orders. "U. S. C. 10: 759" should be added to the citation to the first paragraph of this section based on act of August 6, 1894 (28 Stat. 237) (J. A. G. 010.3, November 12, 1929, page 135). 1535. Same; deductions from mileage when transportation in kind furnished. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, July 10, 1931, page 55) that the fourth paragraph of this section, based on section 15, act of September 19, 1890 (26 Stat. 456); U. S. C. 10: 742, be omitted as impliedly repealed. 1537. Same; travel outside continental United States and in Alaska. NOTES OF DECISIONS Continuous voyage.-Where an Army offi- | destination of which was "outside the cer stationed in New York is ordered to report for duty at Manila, Philippine Islands, and in traveling thereto to take an Army transport from New York City to San Francisco and therefrom another Army transport, the travel was one voyage, the limits of the United States in North America", and the officer was not entitled to mileage allowance from New York City to San Francisco, but actual expenses only. Brown v. U. S. (1929), 68 Ct. Cls. 458. 1539. Travel under orders without troops; members of the Army Nurse Corps. Citation should be corrected to read "Sec. 6, Ch. V, act of July 9, 1918 (40 Stat. 879); U. S. C. 10: 783." 1540. Travel of enlisted men under orders without troops. The Comptroller General has held that this section, based on act of April 20, 1918 (40 Stat. 534), U. S. C. 10: 755, was repealed by 1489, ante (A-36809, June 18, 1931). 1541. Travel by air. * * * Provided, That for travel by air under competent orders on duty without troops, under regulations to be prescribed respectively by the heads of the departments concerned, members (including officers, warrant officers, contract surgeons, enlisted men, flying cadets, and members of the Nurse Corps) of the services mentioned in the title of this Act, and of the legally constituted reserves of said services while on active duty, and of the National Guard while in Federal service, or while participating in exercises, or performing duties under section 92, 94, 97, or 99 of the National Defense Act, shall, in lieu of mileage or other travel allowances be allowed and paid their actual and necessary traveling expenses not to exceed $8 per day, or, in lieu thereof, per diem allowances at rates not to exceed $6 per day. Sec. 12, act of June 10, 1922 (42 Stat. 631), as amended by sec. 1, act of Mar. 2, 1931 (46 Stat. 1461); U. S. C. 37: 20. The above provision is added as a new paragraph of this section. The first paragraph of the original text, based on the act of July 11, 1919 (41 Stat. 109), U. S. C. 10: 750, was specifically repealed by section 2 of the added act. 1542. Travel in connection with aerial surveys. This section was not repealed or modified by act of March 2, 1931, ante, 1541. "U. S. C. 34: 893" should be added to the citation (J. A. G. 010.3, July 10, 1931, page 165). 1544. Travel by sea.-Any officer or employee of the United States traveling on official business overseas or to or from any of the possessions of the United States shall travel and transport his personal effects on ships registered under the laws of the United States where such ships are available unless the necessity of his mission requires the use of a ship under a foreign flag: Provided, That the Comptroller General of the United States shall not credit any allowance for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor. Sec. 901, Title IX, Merchant Marine Act of June 29, 1936 (49 Stat. 2015); U. S. C. 46: 1241. The first paragraph of the original text of this section was specifically repealed by section 903, Title IX, Merchant Marine Act of June 29, 1936 (49 Stat. 2016). It is superseded by the above provision. 1544a. Travel expense; general limitation.-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), making appropriations for urgent deficiencies; U. S. C. 5: 74. This provision was in the original Code but omitted from the Military Laws, 1929. It has been held that, while superseded as to commissioned officers, warrant officers other than those of the Army Mine Planter Service, enlisted men, and civilian employees, by 1538, 1451, and 1540, ante, and 1631, post, respectively, this provision is still applicable to personnel whose maximum subsistence allowance is not otherwise expressly provided for by law. (Op. J. A. G. 010.3, Dec. 5, 1929, page 1; MS. Comp. Gen. A-31829, May 28, 1930.) 1546. Same; officers attending Engineer School. This section, based on act of February 28, 1929 (45 Stat. 1364), making appropriations for the War Department, is not repeated in the corresponding act for the fiscal year 1935. 1547. Same; military observers on duty abroad. "U. S. C. 10: 750a" should be added to the citation to the first paragraph of this section based on act of March 4, 1915 (38 Stat. 1063) (J. A, G. 010.3, November 12, 1929, page 130). 1548. Same; officers on duty with board of road commissioners, Alaska. By 1049, ante, the duties and authority of the board of road commissioners and of the Secretary of War in connection therewith were transferred to the Department of the Interior. 1549. Same; officers on duty with American Battle Monuments Commission. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 309), that this section, based on section 1, independent offices appropriation act of February 20, 1929 (45 Stat. 1232), and subsequent appropriation acts, U. S. C. 36: 122, be omitted as temporary. 1552. Same; attendance at horse shows. Participation of personnel and animals of the Regular Army in the Tenth Olympic Games was authorized by act of March 3, 1931 (46 Stat. 1490), and in the Eleventh Olympic Games by act of May 27, 1935 (49 Stat. 292). CHAPTER 28 PAY AND ALLOWANCES, NATIONAL GUARD, ORGANIZED RESERVES, AND CIVILIANS IN MILITARY TRAINING Pay and allowances, officers of the Na- | Allowances for quarters, subsistence, and tional Guard of the United States: Ordered to active duty in an emergency, Ordered into Federal service in time Engaged in encampments, maneuvers, Pay and allowances, National Guard and Pay and allowances, enlisted men of the Ordered into Federal service in time of General provisions; travel in connection with flying duty, 1576. 1553. Pay and allowances; provisions. transportation-Continued. Reserve officers on active duty, 1579. ordered into Federal service in time United States ordered to active duty with General Staff or National Guard Bureau, 1583. National Guard and inactive National Guard engaged in encampments, maneuvers, or other exercises, 1584. Civilians, giving or undergoing instruc tion in the use of rifled arms, 1589. Date of beginning of pay of militia in active service, 1593. Pay when disabled in line of duty, 1594. Payments to recipients of pension, disability, or retirement benefits, prohibited, 1598a. National Guard and Reserve officers, general "U. S. C. 10: 362" should be eliminated from citation to first paragraph of this section and "U. S. C. 10: 363" from citation to second paragraph (J. A. G. 010.3, November 12, 1929, pages 76, 77). 1555. Same; National Guard officers called into Federal service. "U. S. C. 32: 157" should be added to citation to this section, based on section 10, act of January 21, 1903 (32 Stat. 776) (J. A. G. 010.3, November 12, 1929, page 29). 1555a. Same; officers of the National Guard of the United States; ordered to active duty in an emergency.- * * When on such active duty an officer of the National Guard of the United States shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service, and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay. Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155), as amended by sec. 1, act of June 19, 1935 (49 Stat. 391); U. S. C. 32: 81c. 1556. Same; officers of the National Guard of the United States ordered into Federal service in time of national emergency.-Officers and enlisted men while in the service of the United States under the terms of this section shall receive the pay and allowances provided by law for officers and enlisted men of the reserve forces when ordered to active duty, except brigadier generals and major 109831-37-20 generals, who shall receive the same pay and allowances as provided by law for brigadier generals and major generals of the Regular Army, respectively. Sec. 111, act of June 3, 1916 (39 Stat. 211), as amended by sec. 49, act of June 4, 1920 (41 Stat. 784), as amended by sec. 18, act of June 15, 1933 (48 Stat. 161); U. S. C. 32: 81. This section has been amended as above. 1557. Same; officers of the National Guard of the United States ordered to active duty with General Staff and National Guard Bureau.-* * * When on such active duty an officer of the National Guard of the United States shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay: * * Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); U. S. C. 32: 142a. * * * The President may also order, with their consent, to active duty in the National Guard Bureau, not more than four officers who at the time of their initial assignments hold appointments in the National Guard of the United States and any such officers while so assigned shall receive the pay and allowances provided by law. Sec. 81, act of June 3, 1916 (39 Stat. 203), as amended by sec. 44, act of June 4, 1920 (41 Stat. 782), as amended by sec. 4, act of Sept. 22, 1922 (42 Stat. 1034), as amended by sec. 3, act of Feb. 28, 1925 (43 Stat. 1076), as amended by sec. 16, act of June 15, 1933 (48 Stat. 160); U. S. C. 32: 175. The first provision above is inserted as a new paragraph. The first sentence of the original text of this section, based on section 81, National Defense Act as amended; U. S. C. 32:175, has been amended as indicated in second paragraph above. The second sentence of the original text, based on section 81, National Defense act as amended; U. S. C. 32: 147, has been superseded. 1558. Same; officers of the inactive National Guard engaged in encampments, maneuvers, or other exercises. Members of said inactive National Guard, when engaged in field or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said National Guard when likewise engaged. Sec. 78, act of June 3, 1916 (39 Stat. 202), as amended by sec. 42, act of June 4, 1920 (41 Stat. 782), as amended by sec. 2, act of Feb. 28, 1925 (43 Stat. 1076), as amended by sec. 15, act of June 15, 1933 (48 Stat. 159); U. S. C. 32: 133. The second paragraph of this section has been amended as above. 1561a. Same; National Guard and Reserve personnel on duty in connection with national matches. * * * Provided, That officers, warrant officers, and enlisted men of the National Guard and Organized Reserves, who, under regulations prescribed by the Secretary of War, volunteer to participate without pay as competitors or range officers in the national matches to be held during the fiscal year 1937, may attend such matches without pay, notwithstanding any provision of law to the contrary, but shall be entitled to travel and subsistence allowances at the same rates as are provided for civilians who attend and participate in said matches, but this proviso shall not operate to prohibit the pay of such competitors or range officers, provided funds for such payment are available from the appropriation "Promotion of rifle practice, 1937", nor shall any provision in this Act operate to deprive a reserve officer ordered to active duty incident to the national matches of pay for the full period of such active duty, provided funds for such payment are available from the appropriation "Promotion of rifle practice, 1937": Provided further, That officers, warrant |