accordingly; and this section shall be taken and construed to include those now borne on the retired list placed upon it on account of wounds received in action: Provided, That no part of the foregoing act shall apply to those officers who had been in service as commissioned officers twentyfive years at the date of their retirement; nor to those retired officers who had lost an arm or leg, or has an arm or leg permanently disabled by reason of resection, on account of wounds, or both eyes by reason of wounds received in battle; and every such officer now borne on the retired list shall be continued thereon notwithstanding the provisions of section two [one], chapter thirty-eight, act of March thirty, eighteen hundred and sixty-eight [§ 1223]: And be it also provided, That no retired officer shall be affected by this act, who has been retired or may hereafter be retired on the rank held by him at the time of his retirement; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed.

PAY, RATIONS, AND MILEAGE OF THE MARINE CORPS.

See Op., XV,

83, 199, and 407. Mar. 3, 1895, s.

2, v. 18, p. 512.

See note 4.

SEC. 1612. The officers of the Marine Corps shall be enti- Title 15, chap. 9. tled to receive the same pay and allowances, and the Pay of Marine

Note 4.-Under section 1253 an officer is entitled to appear before the board (with counsel, if desired), and to introduce testimony of his own, and cross-examine the witnesses examined by the board, including the medical members of the board who may have taken part in the medical examination and have stated or reported to the board the result of the same. If the officer does not elect to appear before the board when summoned, he waives the right to a hearing, and can not properly take exception to a conclusion arrived at in his absence. (Winthrop's Digest, p. 432.)

A retired officer in the Army may draw his pay as such, and may also draw the salary of a civil office which he may hold under the Government (not diplomatic or consular), assuming always that the duties of the civil office are performed under and by virtue of a commission appointing him to that office which he holds in addition to his rank as a retired officer. (Op., XV, p. 506, June 11, 1877, Devens. See Op., XV, p. 407, Dec. 11, 1877, on the subject of retired officers accepting positions in the diplomatic or consular service.)

the service only by a new appointment. He can not be reappointed to the retired An officer, on being wholly retired, becomes a civilian, and can be readmitted to list, but must first be appointed on the active list to a certain rank. None but a commissioned officer on the active list of the Army can be placed on the retired list. A civilian can not. (Winthrop's Digest, p. 433; Op., XIV, 506.)

The finding of a retiring board under sec. 1521 is in the nature of a recommendation, and until it is "approved by the President" no retirement can be ordered thereupon. (Winthrop, 431.) It does not affect the authority to retire, that the incapacity of the officer may have resulted from a wound received by him while in the volunteer service before entering the Regular Army. (Idem.)

Under section 1252 an officer may, in the discretion of the President, legally be retired by reason of incapacity resulting from habitual drunkenness. (Winthrop's Digest, p. 432.)

Under section 1275 an officer wholly retired is entitled to receive a sum equal to the total of one year's pay and all the pecuniary allowances of an officer of his rank. The fact of being under a sentence of suspension from rank and pay does not affect his right to receive such full sum upon the retirement. (Winthrop's Digest, 432.) Held, that a retired officer of the Army, though not actively employed, was an "officer in the employment of the Government," in the sense of this statute. Sec. 1782, receiving compensation for services in matters in which the Government is interested. (Winthrop's Digest, p. 434.)

Held, that retired officers of the Army, though relieved in general from active military service, were nevertheless, as a part of the Army, properly exempt from the public obligations peculiar to civilians, and were, therefore, no more liable than officers on the active list to be required to serve on juries. The question, however, of exemption is one for the determination of the courts. Advised, in such a case, that the officer appear before the court, in compliance with the summons, and there urge to the judge the objection arising from his military status to his serving on a civil jury. (Winthrop's Digest, 433.)

Corps.

5, v. 4, p. 713;

June 30, 1834, s. enlisted men shall be entitled to receive the same pay and Aug. 5, 1854, 8. 1, bounty for re-enlisting, as are or may be provided by or in pursuance of law for the officers and enlisted men of like grades in the infantry of the Army.

v. 10, p. 586.

See tables, post, and note 1.

Supp. R. S., vol. 2, p. 517.

That all officers who have been or may be appointed to Benefit of preany corps of the Navy or to the Marine Corps after service vious service in a different corps of the Navy or of the Marine Corps shall to officers reap- have all the benefits of their previous service in the same ch. 165, par. 1, 1894. July 26, manner as if said appointments were a reentry into the ante, p. 206. Navy or into the Marine Corps.

pointed.

July 26, 1894.

*

That the pay of the drum major shall be the Marine Corps. same as that now established, or that may be hereafter Pay of drum- established, for first sergeants in the Marine Corps of the major. R. S., sec. 1612. Same length of service.

Marine band.

Aug. 5, 1854, s.

v. 11, p. 118.

SEC. 1613. The marines who compose the corps of musi1, v. 10, p. 586; cians known as the "Marine band" shall be entitled to Aug. 18, 1856, 8.5, receive at the rate of four dollars a month, each, in addition to their pay as non-commissioned officers, musicians, or privates of the Marine Corps, so long as they shall perform, by order of the Secretary of the Navy, or other superior officer, on the Capitol grounds or the President's grounds.

Rations of en

listed men.

SEC. 1615. The non-commissioned officers, privates, and July 1, 1797, s.6. musicians of the Marine Corps shall, each, be entitled to v. 1, p. 524; July receive one Navy ration daily.

11, 1798, s. v. 1, 2,

p. 595.

Supp. R. S., vol.

2, p. 517.

And hereafter officers of the Marine Corps traveling under Mileage to Ma- orders without troops shall be allowed the same mileage rine Corps offi- as is now allowed officers of the Navy traveling without

cers without

troops.

R. S., § 1566.
June 30, 1876,

ch. 159, par. 1 (1
Supp. R. S., 109).

troops.

Enlisted ma-*

rines' rations. See note 2.

Enlisted marines-rations.

2, p. 599.

* and no law shall be construed to entitle enlisted marines on shore duty to any rations or commutation therefor other than such as now are or may hereafter be allowed to enlisted men in the Army.

*

No law shall be construed to entitle enlisted marines on Supp. R. S., vol. shore duty to any rations or commutation therefor other R. S., s. 1615. than such as now are or may hereafter be allowed to 1882, July 16, enlisted men in the Army. ch. 195, par. 2,

Rations to marine officers.

Note 1.-An officer in the Marine Corps, attached to a sea-going vessel, is not entitled to the ration allowed by R. S., sec. 1578, to a naval officer so attached; he is, C. C., v. 18, p. by R. S., sec. 1612, subjected to the provisions of R. S., sec. 1269. The various stat625. Reid's Case. utes prior to the Revised Statutes régulating allowances of rations to officers of the Army, Navy, and Marine Corps are considered and examined in this opinion.

Note 2.-The same provision occurs in previous appropriation acts. See 1893, March 3, ch. 212, and 1894, July 26, ch. 165.

Note 3.-See 1893, March 3, ch. 212, par. 7, p. 131, for previous acts containing this provision. March 3, 1893, rations to enlisted men in the Army are fixed by R. S., sec. 1293, and 1892, July 16, ch. 195, par. 2, p. 37.

Statutes relating to the Army which apply to the Marine Corps.

SEC. 1261. The officers of the Army shall be entitled to Title 14, chap. 3. the pay herein stated after their respective designations:

Colonel, three thousand five hundred dollars a year.
Lieutenant-colonel, three thousand dollars a year.
Major, two thousand five hundred dollars a year.

Captain, mounted, two thousand dollars a year.

Rates of pay.

See sec. 1267. Mar. 2, 1867, s. 7, v. 14, p. 423; June 15, 1870, s. 24, v. 16, p. 320; July 24, 1876, v. 19, p. 97.

See sec. 1267.

Captain, not mounted, eighteen hundred dollars a year. See note 2.
First lieutenant, mounted, sixteen hundred dollars a year.
First lieutenant, not mounted, fifteen hundred dollars a

year.

Second lieutenant, mounted, fifteen hundred dollars a year.

Second lieutenant, not mounted, fourteen hundred dollars a year.

SEC. 1262. There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of their current yearly pay for each term of five years of service.

SEC. 1263. The total amount of such increase for length of service shall in no case exceed forty per centum on the yearly pay of the grade as provided by law.

Note 1.-All officers below the rank of brigadier-general are entitled to ten per centum in addition to their current yearly pay as given above, for each and every period of five years' service: Provided, The total amount of such increase shall not exceed forty per centum of their current yearly pay: And provided further, That the pay of a colonel shall not exceed $1,500 per annum, and that of a lieutenant-colonel $4,000 per annum. [Sec. 1267, R. S.] Officers on the retired list are entitled to seventyfive per centum of pay (salary and increase) of their rank, but no increase accrues for time subsequent to date of retirement. [Sec. 1254. "Retirement."]

Note 2.-Officers are not "mounted," so as to entitle them to the "pay, emoluments, and allowances of cavalry officers of the same grade," when they are furnished by the Government with horses and equipments. (C. C., XVII, 132)

Note 3.- An officer's longevity pay is to be computed, not from the time of his entering West Point, but from the time when he was commissioned second lieu. tenant. (C. C., XVI, 262. Babbitt's Case.)

June 18, 1878. On and after the passage of this act, all officers of the Longevity pay, Army of the United States who have served as officers in June 18, 1878, 8. the volunteer forces during the war of the rebellion, or as 7, v. 20, p. 145.

and retirement.

June 30, 1882.

Stat. L., p. 118.

enlisted men in the armies of the United States, regular or volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in computing their service for longevity pay and retirement.

The actual time of service in the Army or Navy, or both, Computing of shall be allowed all officers in computing their pay: Prolongevity pay. June 30, 1882, vided, That from and after the first day of July, eighteen chap. 254, 8. 1, 22 hundred and eighty-two, the ten per centum increase for length of service allowed to certain officers by section twelve hundred and sixty-two of the Revised Statutes shall be computed on the yearly pay of the grade fixed by sections twelve hundred and sixty-one and twelve hundred and seventy-four of the Revised Statutes.

Sec. 1274, retirement.

Title 14, chap. 3.

Brevets.

Mar. 3, 1863. v. 12, p. 758; Mar. 3, 1865, s. 9, v. 13, p.488.

Pay during ab

sence.

Mar. 3, 1863, s. 31,

SEC. 1264. Brevets conferred upon commissioned officers shall not entitle them to any increase of pay.

SEC. 1265. Officers when absent on account of sickness Aug. 3, 1861, s. or wounds, or lawfully absent from duty and waiting orders, 20, v. 12, p. 290; shall receive full pay; when absent with leave, for other v. 12, p. 736; June causes, full pay during such absence not exceeding in the 13, p. 145; July aggregate thirty days in one year, and half-pay during such 15, 1870, s. 24, v. absence exceeding thirty days in one year. When absent 1874, v. 18, p. 43; without leave, they shall forfeit all pay during such abJuly 29, 1876, v. sence, unless the absence is excused as unavoidable.

20, 1864, s. 11, v.

16, p. 320; May 8,

19, p. 102.

See July, 29,

1876.

July 29, 1876.

sent.

May 8, 1874, v.

All officers on duty shall be allowed, in the discretion of Pay when ab- the Secretary of War, sixty days' leave of absence without deduction of pay or allowance: Provided, That the same 18. p. 43; July 29, be taken once in two years: And provided further, That the leave of absence may be extended to three months, if taken once only in three years, or four months if taken only once in four years.

1876, v. 19, p. 202. See note 3.

Title 14, chap. 3.

SEC. 1267. In no case shall the pay of a colonel exceed Maximum of four thousand five hundred dollars a year, or the pay of a colonel's and lieutenant-colonel exceed four thousand dollars a year.

lieutenant-colo

nel's pay.

July 15, 1870, s. 24, v. 16, p. 320. See note 4.

Note 3.-This act, taken in connection with section 24 of the act of July 15, 1870, continued to Army officers on leave of absence (during the period for which such leave may be granted them thereunder "without deduction of pay or allowances") quarters in kind, but it did not authorize an allowance of commutation therefor. [See next note.] (Op., XVI, p. 619, Jan. 16, 1879. Phillips.)

Where an officer, to whom leave of absence "without deduction of pay or allow ances" has been granted, is at the time he takes his leave entitled to the allowance of commutation for quarters, this allowance must be deemed to be continued to him, by force of that provision, whilst he is on leave of absence, though for a period not exceeding that for which the leave was granted thereunder. (Op., XVI, p. 577; Nov. 15, 1880. Devens.)

Where a military officer is ordered to the headquarters of a department to await further orders, and pursuant to the order remains there for a long period performing no duty, he is nevertheless entitled to quarters or commutation of quarters. (C. C., XIV, p. 148. Lippitt v. U. S.)

Note 4.-A lieutenant-colonel retired is entitled to three-fourths of what he was entitled to receive when retired, and not three-fourths of allowances which he was debarred from receiving under this section. (C. C., X, p. 283. Robert's Case.)

SEC. 1268. The sums hereinbefore allowed shall be paid To be paid in monthly payments by the paymaster.

SEC. 1269. No allowances shall be made to officers in addition to their pay except as hereinafter provided.

Pay table of non-commissioned officers, etc., as per sections following.

monthly.
Ibid.

Allowances. Ibid.

See mileage, quarters, etc.

June 16, 1874, v.

1875, v. 18, p. 452;

SEC. 1273. When any officer travels under orders, and Title 14, chap. 8. is not furnished transportation by the Quartermaster's De-Mileage. partment, or on a conveyance belonging to or chartered by July 15, 1870. 8. the United States, or on any railroad on which troops and 24 v. 16, 1.320; supplies are entitled to be transported free of charge, he 18, p. 72; Mar. 3, shall be allowed eight cents a mile, and no more, for each July 24, 1876, v. mile actually traveled under such order, distances to be 19, p. 100. calculated by the shortest usually traveled route; and no payment shall be made to any officer except by a paymaster of the Army.

Note 1.-All enlisted men, except musicians of the band, serving on a first period of five years' service, are entitled to one dollar per month for the third year, two dollars per month for the fourth year, and three dollars per month for the fifth year's service, in addition to the sums given in the first column above, which additional amounts are retained until expiration of service and paid only upon final settlement and honorable discharge.

One dollar per month is retained from all enlisted men (except the Marine Band) serving under a re-enlistment. This retained pay is not included in the above table, and is to be credited and paid only upon final settlement and honorable discharge from service.

See Mar. 1883.