1767. Care of officers' mounts.* and nothing in the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year nineteen hundred and eight, or any other Act, shall hereafter be held or construed so as to deprive officers of the Army, wherever on duty in the military service of the United States, of forage, bedding, shoeing, or shelter for their authorized number of horses, or of any means of transportation or maintenance therefor for which provision is made by the terms of this Act; * *. Act of Mar. 2, 1907 (34 Stat. 1166), making appropriations for the support of the Army. The portions of the legislative, executive, and judicial appropriation acts which appear to have been contemplated in these provisions of the Army appropriation acts were the sections restricting the use of any money appropriated by those or any other acts for expenses of horses, carriages, and drivers, or for purchasing, maintaining, etc., carriages or vehicles, for the use of officers; sec. 3, act of Mar. 18, 1904 (33 Stat. 142), and sec. 4, act of Feb. 3, 1905, ante, 1230. 1768. Care of an officer's mounts during his absence.— and hereafter, when an officer is separated from his authorized number of owned horses through the nature of the military service upon which employed, they shall not be deprived of forage, bedding, shelter, shoeing, or medicines therefor, because of such separation; Act of Mar. 23, 1910 (36 Stat. 252), making appropriations for the support of the Army. * 1769. Care of mounts of officers on duty overseas or in Alaska.- ** * And provided further, That hereafter, under such regulations as the Secretary of War may direct, the authorized horses of mounted officers ordered for duty over the seas or to Alaska may be transported at public expense to remount depots or elsewhere in the United States for safekeeping during the absence of such officers: * * Act of July 9, 1918 (40 Stat. 859), making appropriations for the support of the Army. * * 1770. Transportation of an officer's mount from the point of purchase to the officer's station.* * and hereafter transportation may be furnished for the owned horses of an officer, not exceeding the number authorized by law, from point of purchase to his station, when he would have been entitled to and did not have his authorized number of owned horses shipped upon his last change of station, and when the cost of shipment does not exceed that from his old to his new station; Act of Mar. 23, 1910 (36 Stat. 255), making appropriations for the support of the Army. * * * * 1771. Transportation of officers' private mounts.— Provided further, That hereafter private mounts of officers in excess of the authorized mounts may be shipped on Government bill of lading with authorized mounts, and reimbursement collected for transportation charges on such excess mounts: Act of Apr. 27, 1914 (38 Stat. 365), making appropriations for the support of the Army. Notes of Decisions. Transportation of private mounts. In the absence of any statute authorizing payment for the transportation of mounts, the private property of officers of the Army, the Secre tary of War can not, by the promulgation of a regulation, bind the Government to the payment of such transportation. I. C. R. R. Co. v. U. S. (1917), 52 Ct. Cl. 53. 1772. Transportation of mounts of deceased officers.-That hereafter, under such regulations as the Secretary of War may prescribe, authorized mounts of officers who die in the service may, within ninety days after the death of the officer, be transported at public expense from their last duty station to such places within the limits of the United States as may be the home of their families, or as may be designated by their legal representatives or executors, or such mount may be disposed of as directed by such representatives or executors. Chap. XVIII, act of July 9, 1918 (40 Stat. 892), making appropriations for the support of the Army. And provided 1773. Expenses of attendance at horse shows, etc.further, That hereafter no part of this or any other appropriation shall be expended for defraying expenses of officers, enlisted men, or horses in attending or taking part in horse shows or horse races; but nothing in this proviso shall be held to apply to the officers, enlisted men, and horses of any troop, battery, or company which shall, by order or permission of the Secretary of War, and within the limits of the United States, attend any horse show or any State, county, or municipal fair, celebration, or exhibition. Act of April 27, 1914 (38 Stat. 363), making appropriations for the support of the Army, Horses for cavalry, Artillery, Engineers, and so forth. 1774. Transportation of Army baggage and supplies.-For transportation of the Army and its supplies, including transportation of the troops when moving either by land or water, and of their baggage, including the warrant officers of the Mine Planter Service, members of the Officers' Reserve Corps, enlisted men of the Enlisted Reserve Corps, and retired enlisted men when ordered to active duty, including the cost of packing and crating; Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army: Transportation. * * * Similar provisions appear in previous appropriation acts. Reduced rates for officers' baggage.-Reduced rates may be granted by a carrier for the transportation of the personal effects of Army officers changing station under orders, in view of the provision of sec. 22 of the interstate commerce act of Feb. 4, 1887 (24 Stat. 387), permitting reduced rates to the United States, and of a conference ruling of the Interstate Commerce Commission, making such section applicable to property transported for the United States. Western Pac. R. Co. v. U. S. (Sup. Ct. U. S. 1921), 65 L. Ed. 430. See also notes to 1238, ante. 1775. Transportation of baggage in excess of allowance.- * * Provided That hereafter baggage in excess of regulation change of station allowances may be shipped with such allowances, and reimbursement collected for transportation charges on such excess; Act of Mar. 23, 1910 (36 Stat. * 255), making appropriations for the support of the Army. 1776. Transportation of baggage of discharged enlisted men.Provided, That hereafter when an enlisted man having ten or more years' service in the Army is discharged on account of disability incurred in the line of duty, transportation of his authorized change of station allowance of baggage from his last duty station to his home in addition to other travel allowances fixed by law may be authorized by the Secretary of War: * Act of Aug. 29, 1916 (39 Stat. 633), making appropriations for the support of the Army. * 1777. Determination of travel and duty without troops.- * * The Secretary of War may determine what shall constitute travel and duty without troops within the meaning of the laws governing the payment of mileage and commutation of quarters to officers of the Army: Act of June 12, 1906 (34 Stat. 246), making appropriations for the support of the Army. Previous provisions relating to the same subject, and similar to some extent, made by act of Mar. 2, 1901 (31 Stat. 901), may be regarded as superseded by this provision. Notes of Decisions. Travel and duty without troops.-The provision in this section, authorizing the Secretary of War to determine what constitutes travel and duty without troops, was declaratory, and did not change the existing law. Anderson v. U. S. (1904), 39 Ct. Cl. 316. Officer following regiment.-A sick offi. cer, left at his post and subsequently ordered to follow his regiment, may recover mileage, less the cost of transportation furnished. Sutherland v. U. S. (1906), 41 Ct. Cl. 209. ment, if the distance be less than from his home there. Foster v. U. S. (1908), 43 Ct. Cl. 170. An officer ordered from his post, at which he is doing duty, to his home to await orders does not change his station. McGowan v. U. S. (1913), 48 Ct. Cl. 95. Transportation furnished.-Acceptance of transportation furnished deprives one from claiming mileage. Thomas v. U. S. (1903), 38 Ct. Cl. 70. See, also, Reichherzer v. U. S. (1908), 43 Ct. Cl. 360. Taxation of mileage allowance.-Under the income-tax law of 1894, mileage paid to officers of the United States Army was to be considered as part of the incomes of such officers and to be added to other income in order to ascertain the total income. (1895) 21 Op. Atty. Gen. 112. Change of station.-An officer ordered at the expiration of his leave of absence to a new station for temporary service is entitled to mileage from his home to the station; but he is not entitled to mileage for travel from the station to his regi1778. Transportation in kind furnished to officers without troops.— * Provided further, That officers who so desire may, upon application to the Quartermaster's Department, be furnished under their orders transportation requests for the entire journey by land, exclusive of sleeping and parlor car accommodations, or by water; and the transportation so furnished shall, if travel was performed under a mileage status, be a charge against the officer's mileage account, to be deducted at the rate of three cents per mile by the paymaster paying the account, and of the amount so deducted there shall be turned over to an authorized officer of the Quartermaster's Department three cents per mile for transportation furnished, except over any railroad which is a free or fifty per centum land-grant railroad, for the credit of the appropriation for the transportation of the Army and its supplies: * * Act of June 12, 1906 (34 Stat. 246), making appropriations for the support of the Army: Transportation of the Army and its supplies. * 1779. Transportation of dependents.-That hereafter when any commissioned officer, noncommissioned officer of the grade of color sergeant and above, including any noncommissioned officer of the Marine Corps of corresponding grade, warrant officer, chief petty officer, or petty officer (first class). having a wife or dependent child or children, is ordered to make a permanent change of station, the United States shal! furnish transportation in kind from funds appropriated for the transportation of the Army, to his new station for the wife and dependent child or children: * * * Provided further, That if the cost of such transportation exceeds that for transportation from the old to the new station the excess cost shall be paid to the United States by the officer concerned: Provided further, That transportation supplied the wife or dependent child or children of such officer, to or from stations beyond the continental limits of the United States, shall not be other than by Government transport. if such transportation is available: Sec. 12, act of May 18, 1920 (41 Stat. 604). The temporary allowance of rations authorized by section 5, and the transportation privileges authorized by section 12, of the said Act, shall apply only to enlisted men of the first three grades. Sec. 4b, added to the act of June 3, 1916, added by sec. 4, act of June 4, 1920 (41 Stat. 761). * * 1780. Mileage allowance of officers.Provided, That hereafter officers, active and retired, when traveling under competent orders without troops, and retired officers who have so traveled since March third, nineteen hundred and five, shall be paid seven cents per mile and no more; distances to be computed and mileage to be paid over the shortest usually traveled routes, with deduction as hereinafter provided; and payment and settlement of mileage accounts of officers shall be made according to distances and deductions computed over routes established and by mileage tables prepared by the PaymasterGeneral of the Army under the direction of the Secretary of War. * Act of June 12, 1906 (34 Stat. 246), making appropriations for the support of the Army. R. S. 1273, fixed the allowance of mileage at 10 cents per mile, to be computed over the nearest post route and to be paid by the Pay Department. The act of June 16, 1874 (18 Stat. 72), discontinued mileage as a method or reimbursement for expenses incurred in traveling on duty, and substituted therefor the payment of actual expenses in all cases of travel under orders. This provision was repeated in the act of Mar. 3, 1875 (18 Stat. 452). The mileage allowance was restored and fixed at the rate of 8 cents per mile by the act of July 24, 1876 (19 Stat. 100), but was not payable when actual transportation had been furnished by the Quartermaster's Department, or in a conveyance owned or chartered by the United States, or on any railroad over which the troops and supplies of the United States were entitled to be transported free of charge; the distance in each case was to be computed by the shortest usually traveled route. R. S. 1273 was repealed by the act of July 24, 1876, above cited. The act of Mar. 3, 1883 (22 Stat. 456), contained the requirement that mileage should be computed over the shortest usually traveled routes between the points named in the order and that the necessity for travel should be certified to, in each case, in the order directing the journey. The act of June 30, 1886 (24 Stat. 95), fixed the rate of mileage at 4 cents per mile, and, in addition thereto, the cost of transportation actually paid, exclusive of sleeping and parlor car fares. The act of Feb. 9, 1887 (24 Stat. 396), contains the following provision: "That in disbursing this amount the maximum sum to be allowed and paid to an officer shall be 4 cents per mile, distance to be computed over the shortest usually traveled routes, and, in addition thereto, upon the officer's certificate that it was not practicable to obtain transportation from the Quartermaster's Department the cost of the transportation actually paid by the officer over said route or routes, exclusive of sleeping or parlor car fare and transfers: And provided further, That when any officer so traveling shall travel in whole or in part on any railroads on which the troops and supplies of the United States are entitled to be transported free of charge he shall be allowed for himself only 4 cents per mile as a subsistence fund for every mile necessarily traveled over any such last-named railroad. All the money hereinbefore appropriated except the appropriation for mileage to officers when traveling on duty without troops when authorized by law shall be disbursed and accounted for by the Pay Department as pay of the Army, and for that purpose shall constitute one fund," which was repeated in the acts of Sept. 22, 1888 (25 Stat. 483), Mar. 2, 1889 (25 Stat. 827), June 13, 1890 (26 Stat. 151), Feb. 24, 1891 (26 Stat. 773), July 14, 1892 (27 Stat. 177), and Feb. 27, 1893. The acts of Feb. 12, 1895 (28 Stat. 657), and Mar. 16, 1896 (29 id., 60), contain the same requirements. The act of Mar. 2, 1897 (29 id., 612, 614), provided that actual transportation should be furnished by the Quartermaster's Department to officers traveling under orders, and that mileage only should be paid by the Pay Department. The act of Mar. 15, 1898 (30 Stat. 318), contained the requirement that "the maximum sum to be allowed and paid to any officer of the Army shall be 7 cents per mile, distances to be computed by the shortest usually traveled route." By the act of Mar. 3, 1899 (30 Stat. 1068), the foregoing requirement was made permanent. The act of Mar. 15, 1898, also contained the proviso that "officers who, by reason of the decision of the accounting officers of the Treasury, have been compelled to pay from their own means one-half of the cost of their travel fare over railroads known as fifty per centum railroads shall be reimbursed the same by the Pay Department, and paymasters against whom disallowances have been made by the accounting officers of the Treasury, under such decision, shall have the amount so disallowed passed to their credit." * * * 1781. Certificate of necessity for travel.and from and after the passage of this act mileage of officers of the Army shall be computed over the shortest usually traveled routes between the points named in the order, and the necessity for such travel in the military service shall be certified to by the officer Issuing the order and stated in said order. * Act of Mar. 3, 1883 (22 Stat. 456), making appropriations for the support of the Army. * * * 1782. Travel order must specify duty.--- * * and all orders involving the payment of mileage shall state the special duty enjoined. Act of Aug. 6, 1894 (28 Stat. 237), making appropriations for the support of the Army. 1783. Travel by officers over bond-aided roads.And provided further, That when the established route of travel shall, in whole or in part, be over the line of any railroad on which the troops and supplies of the United States are entitled to be transported free of charge, or over any fifty per centum land-grant railroad, officers traveling as herein provided for shall, for the travel over such roads, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, by the Quartermaster's Department: And provided further, That when transportation is furnished by the Quartermaster's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for which transportation has been or should have been furnished: Act of June 12, 1906 (34 Stat. 246), making appropriations for the support of the Army. 1784. Mileage of officers of the Corps of Engineers.-That in determining the mileage of officers of the corps of engineers traveling without troops on duty connected with works under their charge, no deduction shall be made for such travel as may be necessary on free or bond-aided or land-grant railways. Scc. 15. act of Sept. 19, 1890 (26 Stat. 456). ** * * * 1785. Mileage of graduated cadets from their homes to their first stations.Provided further, That hereafter a graduate of the Military Academy shall receive mileage as authorized by law for officers of the Army from his honre to the station which he first joins for duty; Act of Aug. 9, 1912 (37 Stat. 252). * 1786. Mileage where the station of an officer is changed while on leave of absence.** And provided further, That when the station of an officer is changed while he is on leave of absence he will on joining the new station be entitled to mileage for the distance to the new station from the place where he received the order directing the change, provided the distance be no greater than from the old to the new station; but if the distance be greater he will be entitled to mileage for a distance equal to that from the old to the new station only: * * * Act of June 12, 1906 (34 Stat. 247), making appropriations for the support of the Army. And 1787. Travel of officers on inspections and investigations.— hereafter no portion of the appropriation for mileage to officers traveling on duty without troops shall be expended for inspections or investigations, except such as are especially ordered by the Secretary of War, or such as are made by army and department commanders in visiting their commands, and those made by Inspector-General's Department in pursuance of law, army regulations or orders issued by the Secretary of War or the Commanding General of the Army; Act of Aug. 6, 1894 (28 Stat. 237), making appropriations for the support of the Army. * |