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been, but at which place he had not been actually performing duty, and that he is not entitled to the per diem in lieu of subsistence while so traveling.
The action of the Auditor is affirmed.
TRAVEL ALLOWANCES TO OFFICERS OF THE MILITIA WHILE PARTICIPATING IN THE ENCAMPMENTS OF THE REGULAR ARMY.
Under section 15 of the act of January 21, 1903, the only traveling allow
ance to which an officer of the militia participating in the encampments of the Regular Army is entitled is transportation to and from the place of encampment, and where an officer has been furnished with such transportation and has accepted same he is not entitled to reimbursement for other travel performed by order of his superior
regimental officer. (Decision by Assistant Comptroller Mitchell, March 21, 1905.)
Allen Fort, jr., appealed February 11, 1905, from the action of the Auditor for the War Department in settlement dated January 12, 1905.
He claimed mileage or actual expenses for a journey performed by him from Greensboro, N. C., to Americus, Ga., thence to Atlanta, Ga., and thence to Manassas, Va., as first lieutenant of the Fourth Georgia State Militia, serving as first lieutenant of Company A, First Georgia State Militia.
The Auditor disallowed the claim because-
“There is no law authorizing payment of mileage to officers of the organized militia who participate in Regular Army encampments. Officer is not entitled to reimbursement of expenses incurred while traveling as above stated under orders of his colonel, as that was not a journey for which he was entitled to transportation under his orders to participate in the maneuvers at Manassas, Va."
It appears that Lieutenant Fort was one of the members of the Georgia State Militia selected to participate in the encampment, maneuvers, and field instruction of the Regular Army at and near Manassas, Va., in the month of September, 1904.
On August 27, 1904, the Quartermaster's Department, U. S. Army, issued a request for transportation, directed to the
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Central of Georgia Railway Company, for the transportation of claimant and twenty men from Americus, Ga., to Maneurer Camp No. 1, near Wellington, Va., and return. Lieutenant Fort accompanied the detachment as far as Greensboro, N. C., at which place he was ordered by the colonel of his regiment to return to Americus, Ga., with the remains of a guardsman who was accidentally killed at Greensboro. On completing this duty the claimant joined his command at the maneurer camp near Manassas. Lieutenant Fort executed the certificate attached to the transportation request to the effect that the Central of Georgia Railway Company had furnished transportation for himself and twenty men from Americus, Ga., to Maneuver Camp No. 1, near Wellington, Va., and return.
The chief quartermaster, Department of the Gulf, stated to the Quartermaster-General of the Army, March 11, 1905, as follows:
“Respectfully returned to the Quartermaster-General, U.S. Army, Washington, D. C., with the information that transportation request M. No. 494093, dated August 27, 1904, Americus, Ga., to Camp No. 1 and return, is now included in an account which is ready for payment, awaiting available maneuver funds.
“The request shows that transportation is included for Lieut. Allen Fort for the round trip. The round trip per capita rate from Americus, Ga., to Camp No. 1 was $22.08.
** True copies of the request, certificate of the number of officers and men traveling each way, and of the rate agreement showing the round trip rate of $22.08, are inclosed herewith."
Section 15 of the act of January 21, 1903 (32 Stat., 777), provides
" That the Secretary of War is hereby anthorized to provide for participation by any part of the organized militia of any State or Territory on the request of the governor thereof in the encampment, maneuvers, and field instruction of any part of the Regular Army at or near any military post or camp or lake or seacoast defenses of the United States. In such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Army, to be paid out of the appropriation for the pay, subsistence, and transportation of the Army.
The claimant has submitted to this office an expense account showing that his actual expenses for transportation, meals,
etc., in returning from Greensboro to Americus, going thence to Atlanta, and then to Manassas, Va., were $22.37, for which he asks reimbursement.
The only traveling allowances to an officer of the State militia participating in the maneuvers of the Regular Army contemplated by the act of January 21, 1903, supra, are transportation to and from the place of the Regular Army maneuvers. This transportation in kind the Government provided and the claimant accepted, and such being the case, the Government is, in my opinion, absolved from further obligation in the matter. The officer's travel from Greensboro back to Americus, thence to Atlanta, and on to Manassas, were journey's performed by him under the orders of the colonel of his regiment, and not under his orders to participate in the army maneuvers at Manassas. The claimant is not, in my opinion, entitled to recover the amount claimed by him as the actual expenses of his travel as aforesaid. The act of January 21, 1903, supra, makes no provision for the payment of mileage to officers of the organized militia of a State who participate in Regular Army encampments, as provided for in said act. Mileage includes something more than transportation. (See the decision of this office dated September 30, 1903, MS. Dec., vol. 26, p. 1197.)
The action of the Auditor is affirmed.
PAY OF AN AID TO A REAR-ADMIRAL OF THE
NAVY OF THE NINE LOWER NUMBERS.
An aid to a rear-admiral of the Navy of the nine lower numbers is entitled
to additional pay at the rate of $200 per annum, as provided for an aid to a major-general in the Army.
(Decision by Assistant Comptroller Mitchell, March 21, 1905.)
The Auditor for the Navy Department submits for approval, disapproval, or modification, his decision, dated February 8, 1905, as follows:
“Lieut. Francis Boughter, U. S. Navy, has presented to this Office a claim for pay as aid to Rear-Admiral Frank Wildes, U. S. Navy.
“The following is a copy of his orders, dated January 18, 1902:
* NAVY DEPARTMENT,
56. Washington, January 18, 1902. “SIR: The Department's order of the 15th instant detaching you from duty at the naval proving ground, Indian Head, Må., is so far modified that you will not proceed and report for duty on board the U.S. S. San Francisco, but you will proceed to San Francisco, Cal., thence to the Asiatic Station, taking passage on the steamer China, sailing from San Francisco on February 7, 1902, and upon your arrival report to the commander in chief for duty as aid on the staff of Rear-Admiral Frank Wildes, U. S. Navy.
"The navy pay office, San Francisco, Cal., has been directed to secure your passage.
Respectfully, John D. Long, Secretary.' “He reported to Admiral Wildes at Yokohama, Japan, March 1, 1902.
"The following is a copy of the orders detaching him from duty as "aid' to Admiral Wildes, and directing him to report to the commander in chief U. S. naval force, Asiatic Station, for such duty as he might assign him, dated January 6, 1903: 66.U. S. NavAL FORCE ON ASIATIC STATION,
6.U. S. FLAGSHIP RAINBOW,
" Hongkong, China, January 6, 1903. “SIR: Upon the hauling down of my flag on board this vessel you will regard yourself as detached from duty as aid on my personal staff, and will report immediately to the commanding officer U. S. S. Rainbow for passage to Olongapo. Upon your arrival there you will report immediately to the commander in chief U. S. naval force, Asiatic Station, for such duty as he may assign you.
'Rear-Admiral, U. S. Navy,
Asiatic Station. 66. Lieut. FRANCIS BOUGHTER, U. S. Navy,
666U. S. F. Š. Rainbowo.'
“Admiral Wildes hauled down his flag and was detached January 8, 1903.
“He also claims additional pay while serving as aid to RearAdmiral P. H. Cooper, U. S. Navy.
** The following is a copy of his orders to duty as aid to Admiral Cooper, dated July 20, 1903:
"“U.S. ASIATIC FLEET, PHILIPPINE SQUADRON,
666 FLAGSHIP RAINBOW,
“Cavite, P. I., July 20, 1903. 66 SIR: In accordance with instructions from the commander in chief, U. S. Asiatic fleet, you will regard yourself detached from the U. S. S. Quiros and from the command of that vessel upon the reporting of your relief, Lieut. B. C. Decker, U. S. Navy, and will report to the commanding officer of the U.S. F. S. Wisconsin for duty. “2. You will take passage on the U. S. S. Solace. " . Respectfully,
66 YATES STERLING,
“'Rear-Admiral, U. S. N., “Commander of Philippine Squadron, U. Š. Asiatic Fleet. 66 · Lieut. FRANCIS BOUGHTER, U. S. Navy,
**U. S. $. Quiros.'
“Under the last indorsement upon the order it will be noticed (2) Admiral Cooper states:
66 · In accordance with the commander in chief's letter, No. 1209-P, of August 5, 1903, you are hereby assigned to duty as aid to the commander of the Northern Squadron.'
“The naval aids are appointed under paragraphs 362 and 364, C. S. Navy Regulations of 1900.
• Paragraph 362. The chief of staff, flag lieutenant, secretary or clerk, and aids shall constitute the personal staff of a flag-officer.'
Paragraph 364. “A flag-officer may select any officer of his command to serve as fag lieutenant, secretary, or clerk, provided his grade accords with the rules laid down in article 363.
*** (2) He may also, when necessary, select other line officers to serve on his personal staff as aids, but shall not assign a naval cadet to such duty.'
“Section 1098 of the Revised Statutes: "Each major-general shall have three aids, who may be selected by him from captains or lieutenants of the Army, and each brigadier-general shall have two aids, who may be selected by him from lieutenants of the Army.'
“ Section 1261: ‘Aid to major-general, two hundred dollars a year in addition to pay of his rank. Aid to brigadier-general, one hundred and fifty dollars a year in addition to pay of his rank.'
“During the time Lieutenant Boughter served as aid to Rear-Admiral Frank Wildes, Rear-Admiral Wildes was one of the nine lower numbers of the grade of rear-admirals, and was entitled, under section 1466 of the Revised Statutes, to rank with a brigadier-general in the Army.
“During the time Lieutenant Boughter served as aid to