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per month ($21 grade pay as private, plus $3 as specialist, sixth class), results in an excess under the old laws of $9 per month.
It is the total of the pay and allowances that would have been payable to the man under the prior laws in his enlistment current on June 30, 1922, while holding the grade held on that date independently of the act of June 10, 1922, that is to be measured with the total of the pay and allowances under the new act of June 10, 1922, and the greater pay and allowances as thus ascertained paid—not the difference between the base pay only of the grade under the new and old laws, as appears to be your view as gathered from the submission.
While the measurement in this particular case results in the same excess of $9 under the old laws under either method of computation, yet the principle of confining the measurements under the old and new statutes to the base pay only is incorrect, and the correct method is to measure the total of the pay and allowances under the new with the total of those under the old for the ascertainment of the excess,
You are therefore advised that by virtue of the saving clause in section 16, Private Langsford may be paid the $9 per month additional for July, 1922, assuming, as heretofore indicated, that there are no allowances to enter into the computation under the old or new laws, and that his rating as specialist, sixth class, under the act of June 4, 1920, would not have exceeded the maximum as permitted by that act.
PURCHASE OF LAND FROM NATIONAL PARK DONATIONS.
The authority given to the Secretary of the Interior, in the act of June 5,
1920, 41 Stat., 917, to accept donations of land or of funds for national park purposes, impliedly authorizes the use of funds so donated for pur. chase of lands necessary for park purposes, notwithstanding the prohibition in section 3736, Revised Statutes, against the purchase of land gen
erally except when specifically authorized by law. Comptroller General McCarl to the Secretary of the Interior, September
I have your letter of August 29, 1922, stating that the sum of $4,000 has been donated by and accepted from the State of Colorado for general park purposes in Rocky Mountain National Park under authority of a provision in the act of June 5, 1920, 41 Stat., 917, and requesting decision whether you are authorized to use any part of said money toward the purchase of a 10-acre tract of land within the boundaries of the Rocky Mountain National Park to be used as a site for the erection of a garage and shop for the repair of automobile trucks, and other buildings needed in the administration, maintenance, and development of the park.
The provision in the act of June 5, 1920, reads: Hereafter the Secretary of the Interior in his administration of the National Park Service is authorized, in his discretion, to accept patented lands, rights of way over patented lands or other lands, buildings, or other property within the various national parks and national monuments, and moneys which may be donated for the purposes of the national park and monument system,
Since the land which you propose to purchase is within the boundaries of the park and is needed in connection with the administration, maintenance, and development of the park, there would appear to be no doubt that the provision above quoted is authority for the acquisition of said land by donation, and I can see no difference in principle between the acquisition of the land by donation direct and acquisition by purchase from donated funds when the funds have been donated for the same general purpose for which the acquisition of the land is desired. Therefore, I am constrained to hold that the proposed purchase from the funds indicated is not prohibited by section 3736, Revised Statutes, which provides that no land shall be purchased on account of the United States except under a law authorizing such purchase.
If the purchase of the tract of land referred to is deemed necessary in connection with the purpose for which the donation was made by the State of Colorado, I have to advise that the use of the funds donated in making such purchase is authorized.
Whether the funds were donated by the State of Colorado upon any particular conditions does not appear and no opinion is to be understood as expressed with reference to whether the land may be procured by means of said donated funds for the express purpose of a garage site, etc. The use to be made of the lands after its acquisition is mainly an administrative matter.
ARMORY DRILL PAY-NATIONAL GUARD.
The act of June 3, 1916, 39 Stat. 210, providing that all disbursements of
armory drill pay for the National Guard shall be made as soon as practi. cable after the 31st of December and the 30th of June of each year, i. e., semiannually, precludes such disbursements being made quarterly or more
frequently than semiannually. Comptroller General McCarl to the Secretary of War, September 15, 1922:
I have your letter of July 20, 1922, requesting decision whether, in view of the decision of March 2, 1922, 1 Comp. Gen., 473, paragraph 917 of the National Guard Regulations, 1922, said to have been based upon
decision of the Comptroller of the Treasury of August 24, 1920, 27 Comp. Dec., 200, is in conformity with law.
Paragraph 917 of the regulations provides:
Duplicate pay rolls on Forms 367 and 367a, War Department, will be for. warded to the instructor having instruction supervision of the organization on March 31, June 30, September 30, and December 31 of each year. A triplicate copy will be retained in the organization's records. The record as to each drill held should be completed on the drill report (Form 367b) immediately after such drill, so that at the termination of the three months' period the report of drill attendance and rolls will be completed and the rolls will be forwarded by the organization commander to the instructor concerned for certification and he will forward them to the corps area commander for examination and approval and reference to the finance officer of the corps area for necessary action.
In decision of March 2, 1922, 1 Comp. Gen., 471, 473, having under consideration whether amounts earned as armory drill pay by members of the National Guard before death or desertion were available for application against indebtedness for lost, damaget, or destroyed Government property, it was said:
(c) Sections 109 and 110 of the national defense act, as amended by the act of June 4, 1920, 41 Stat. 783, provide armory drill pay for officers and enlisted men of the National Guard under the conditions and limitations therein fixed, and such pay, when earned, is to be paid as required by the second paragraph of section 110 of the act of June 3, 1916, 39 Stat., 210, which provides :
All amounts appropriated for the purpose of this and the last preceding section shall be disbursed and accounted for by the officers and agents of the Quartermaster Corps of the Army, and all disbursements under the foregoing provisions of this section shall be made as soon as practicable after the thirty-first day of December and the thirtieth day of June of each year upon pay rolls prepared and authenticated in the manner to be prescribed by the Secretary of War"
The question of when payments of armory drill pay should be made to the National Guard was not presented nor considered in that case, the quotation of the law on the matter being the only reference thereto.
The Comptroller of the Treasury in decision of August 24, 1920, 27 Comp. Dec., 200, 202, had under consideration the question whether payments might be made of armory drill pay under section 110 of the act of June 3, 1916, 39 Stat., 210, for less than 24 but not less than 12 drills during the semiannual period ended June 30, 1920, the reason for the submission being that the act of June 4, 1920, 41 Stat., 784, provided an entirely different method of computing armory drill pay effective July 1, 1920. The changes in the method of computing armory drill pay made by the amendment and reenactment of the first paragraph of section 110 of the national defense act by the act of June 4, 1920, were commented upon by the Comptroller of the Treasury in the following language:
Effective July 1, 1920, a new rate of pay and a different method of calculation is provided. Apparently monthly payments are authorized, the only require ment being that payments shall not be made for more than 60 drills in any one year and that the man shall have attended during the month for which he is being paid not less than 65 per cent of the drills, etc., prescribed for the organization of which he is a member.
The question now presented of the periods for which payment of armory drills may be made was not then before the comptroller.
The question you now present has not been directly decided, the War Department, until the publication of the 1922 edition of the National Guard Regulations, having made payments of armory drill pay semiannually and the accounting officers not having questioned the propriety of so making such payments. Your letter will therefore be considered as a request for decision whether payments of armory drill pay may be made quarterly.
The second paragraph of section 110 of the act of June 3, 1916, 39 Stat., 210, is still effective law; it has never been repealed; it is not affected nor modified by the act of June 4, 1920, which by section 48 amended and reenacted the first paragraph of section 110 of the national defense act of June 3, 1916. The first paragraph of section 110 of the act of June 3, 1916, provided armory drill pay for enlisted men of the National Guard conditioned on the number of drills attended during the semiannual or annual periods fixed, and when this original first paragraph of the section is read in connection with the second paragraph the intent of the second paragraph is so obvious as not to require discussion. It provides that payments of armory drill pay “shall be made as soon as practicable after the thirty-first day of December and the thirtieth day of June of each year.” This language is specific and mandatory; it fixes the number of payments and the dates to which payments are to be made; and payments may not be made more frequently than therein directed.
You are therefore informed that so far as paragraph 917 of the 1922 edition of National Guard Regulations purports to authorize payments or armory drill pay at more frequent intervals than semiannually “as soon as practicable after the thirty-first day of December and the thirtieth day of June of each year” it is contrary to law.
OFFICERS OF NATIONAL GUARD-DRILL PAY.
Until the unit, detachment, or organization of which the officers are members
is federally recognized as a part of the National Guard the officers have no Federal status as officers of the National Guard and are not entitled to
drill pay. Comptroller General McCarl to Maj. J. A. Marmon, United States Army,
September 15, 1922:
I have your letter of August 9, 1922, requesting decision whether you are authorized to pay the roll therewith transmitted of the field and staff, First Infantry Wisconsin National Guard, for armory drill pay for the semiannual period January 1 to June 30, 1921, in view of the fact that the regiment was not federally recognized until July 7, 1921, after the expiration of the period for which drill pay is claimed.
It appears that the officers whose names appear on the rolls were individually recognized, presumably as qualified for appointment as National Guard officers pursuant to the provisions of sections 74 and 75 of the national defense act, 41 Stat., 781, and 39 Stat., 202,
on various dates prior to June 30, 1921; and that some of the officers state they performed duties such as attending drills of a company, instructing company noncommissioned officers in the performance of their duties, studying regulations, etc. It is for these activities that they are claiming drill pay as officers composing the field and staff of the First Infantry Wisconsin National Guard.
The National Guard is required to be organized as is the Regular Army, section 60, act of June 3, 1916, 39 Stat., 197. Except as provision is made in the act of May 12, 1917, 40 Stat., 68, for the inclusion in the National Guard of officers and enlisted men of the staff corps and departments corresponding to those of the Regular Army, there can be no recognition for purposes of armory drill pay of individual officers as National Guard who are not members of units or organizations federally recognized. See sections 58, 60, 77, and 117 of the act of June 3, 1916, 39 Stat., 197, 202, 212. Until the unit, detachment, or organization of which the officers are members is federally recognized as National Guard the officers can have no Federal status as officers of such unit, detachment, or organization. See paragraphs 156 and 164 of National Guard Regulations, 1922.
You are accordingly informed that you are not authorized to pay the roll, herewith returned with related papers.
MILEAGE ON AND AFTER JULY 1, 1922, TO OFFICERS TRAVELING
BY GOVERNMENT CONVEYANCE. Officers of the Navy and Marine Corps, traveling under competent orders
without troops, in certain Government conveyances, are entitled under section 12 of the act of June 10, 1922, 42 Stat., 631, to mileage at 8 cents per mile, subject to a deduction of 3 cents per mile, as provided in the act of June 12, 1906, 34 Stat., 246, the prohibition in the act of June 30, 1914, 38 Stat., 410, as to the payment of mileage to any officer where Government transportation is furnished to him having been repealed by
the act of June 10, 1922, as in conflict therewith. Comptroller General McCarl to the Secretary of the Navy, September 18, 1922:
I have your letter of August 15, 1922, requesting decision of the question presented by Capt. C. S. Schmidt, assistant paymaster, United States Marine Corps, as to whether the provision in the act of June 30, 1914, 38 Stat., 410, prohibiting the payment of mileage to any officer furnished Government transportation, is repealed by the joint service pay act of June 10, 1922, 42 Stat., 625.
The question arises in the case of Capt. Robert L. Montague, United States Marine Corps, who, in obedience to orders issued by direction of the Major General Commandant, United States Marine Corps, dated August 3, 1922, directing him to proceed from Washington, D. C., to Edgewood Arsenal, Md., for special temporary duty, and upon completion thereof to return to Washington, D. C.,