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CHAPTER III.

THE DEPARTMENT OF WAR

Par.

Par. Volunteer regiments mustered

Same-Vacated rooms not to be out outhorized to retain

used for museum purposes--- 1540 colors

149a Temporary office building for Sale of Ariny transports Meade

pse of War and Navy Departand Crook authorized------- 150a ments -

1540 Same Secretary of War to re- Bureau of Insular Affairs, existquest register as United States

ing law relating to organizavessels on sale of

150b tion of, not repealed----- 155a Reapportionment of space in the

Claims for damage to and loss State, War, and Navy Depart

of private property, settlement ment Building

154a of, by Auditor for War DeSame No department or branch

partment on recommendation of the service to be ejected.-- 154b of Secretary of War

162a 149a. Volunteer regiments mustered out authorized to retain colors.—The Secretary of War be, and he is hereby, authorized to permit volunteer regiments, on being mustered out of the service of the United States, to retain all of their regimental colors. Said colors shall be turned over to the State authorities to which said regiments belong, and the regimental quartermaster in making his returns may, in lieu of said colors and in full release therefor, file with the proper official of the War Department a receipt from the quartermaster-general of said State that said colors have been delivered to said State authorities. Act of Feb. 25, 1899 (30 Stat, 890).

150a. Sale of Army transports Meade and Crook authorized.-Authority is hereby granted the Secretary of War to sell or otherwise dispose of, in accordance with law and regulations, the United States Army transports Meade and Crook. Act of Aug. 29, 1916 (39 Stat, 634).

150b. Same--Secretary of War to request register as United States vessels on sale of.-On the sale or other disposal, in accordance with law and regulations, of the United States Army transports Meade and Crook, the Secretary of Commerce is hereby authorized, on request of the Secretary of War, to issue to either or both of said vessels a register as a vessel of the United States. Act of May 12, 1917 (40 Stat. 73).

154a. Reapportionment of space in the State, War, and Navy Department Building.–The commission in charge, or a majority of the members thereof, may at any time reapportion space among the departments now occupying the State, War, and Navy Department Building if the same can be done with a reduction of the amount of floor space occupied by any branch of the public service in said building, the reduction or avoidance of public expense for rent of office or storage space for the Government, and the reduction of the number of watchmen required for said building from forty to not more than thirty-eight. Act of May 10, 1916 (39 Stat. 94).

154b. Same-No department or branch of the service to be ejected.-No arrangement of space made hereunder shall involve the ejectment from the building of any department or branch of the public service now occupying the same. Id.

154c. Same-Vacated rooms not to be used for museum purposes.No rooms vacated under any arrangement of space hereunder shall be used for museum purposes. Id.

154d. Temporary office building for use of War and Navy Departments.-For temporary office buildings, including heating and lighting, for the use of the War and Navy Departments, to contain approximately one million and fifty-five thousand square feet, to be erected under the direction of the Secretary of War in Henry Park, reservation numbered four, Sixth and B Streets, $2,000,000. Space in said building shall be allotted by the officer in charge of Public Buildings and Grounds upon the joint order of the Secretary of War and the Secretary of the Navy: Provided, That within two years after the conclusion of the existing war, the land above referred to shall again be reserved for the erection of the George Washington Memorial Hall. Act of Oct. 6, 1917 (40 Stat. 368).

155a. Bureau of Insular Affairs, existing law relating to organization of not repealed.-Nothing in this Act shall be construed to repeal existing laws relating to the organization of the Bureau of Insular Affairs of the War Department. Sec. 14, act of June 3, 1916 (39 Stat. 176).

(For provision of section 3, act of October 6, 1917, giving the Chief of Bureau of Insular Affairs the rank, pay, and allowances of a major general, see paragraph 373a, post.)

162a. Claims for damage to and loss of private property, settlement of by Auditor for War Department on recommendation of Secretary of War.–For payment of claims for damages to and loss of private property incident to the training, practice, and operations of the Army that have accrued, or may hereafter accrue, from time to time, to be immediately available and to remain available until expended : Provided, That settlement of such claims shall be made by the Auditor for the War Department, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages, * *. Act of Aug. 29, 1916 (39 Stat, 639).

(The Army appropriation act of May 12, 1917, and the urgent deficiencies act of October 6, 1917 (40 Stat. 59, 364), contain similar provisions.)

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Claims for loss of tools of workmen, which were destroyed by fire when the base hospital at Camp Bowie, Tex., was burned, are not claims for damages to, or for loss of, private property incident to the training, practice, or operation of the Army within the meaning of the Army appropriation act of May 12, 1917, or the urgent deficiency appropriation act of October 6, 1917. (Dig. Opin, J. A. G., January, 1918.)

A claim was made for damages due to the occupation of land as a camp ground by troops, the removal of trees therefrom, and the construction thereon of roads and latrines. The property was occupied without any formal lease and there was no agreement as to any payment for its use or for the timber that might be cut thereon. A board of oflicers convened for the purpose of investigating the said claim found that the land used was necessary for the encampment of troops, that the trees cut were removed by order of the camp commander, and that the amount of the claim was reasonable and just. Held, that such claim is payable from, and pursuant to the provisions of, the appropriation for damages to and loss of private property incident to the training, practice, and operations of the Army contained in the urgent deficiencies act of October 6, 1917 (40 Stat. 315, 364). (Id., February, 1918.)

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CHAPTER IV.

PROVISIONS APPLICABLE TO SEVERAL CLASSES OF

OFFICERS.

Par.

Par.

Civil service examinations here

Same-Amended SO as not to after to be held in State of ap

apply to services heretofore plicant 166a rendered.

169b Persons not to receive two sal

aries in excess of $2,000; exceptions

169a 166a. Civil service eraminations hereafter to be held in State of applicant.—Hereafter all examinations of applicants for positions in the Government service, from any State or Territory, shall be had in the State or Territory in which such applicant resides, and no person shall be eligible for such examination or appointment unless he or she shall have been actually domiciled in such State or Territory for at least one year previous to such examination. Sec. 7, act of June 29, 1909 (36 Stat. 3).

169a. Persons not to receive two salaries in excess of two thousand dollars; exceptions.-Unless otherwise specially authorized by law no money appropriated by this or any other Act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers of the Army, Navy, or Marine Corps whenever they may be appointed or elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia. Sec. 6, act of May, 10, 1910 (39 Stat. 120).

* Held, that in the case of a retired enlisted man of the Army his pay as such is not salary within the meaning of the above statute, also that a pension is not a salary within its inhibition. (Comp. W. W. Warwick, June 3, 1916; War Dept. Bull. 18, July 8, 1916.)

In the case of a quartermaster clerk who held a commission in the National Guard and was mustered into the Federal service, Held, that upon his muster into the Federal service he ceased to be a member of the National Guard, within the meaning of the Act of May 10, 1916, and became an officer of the Army, and

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