* * *

1712. Increase in pay of field clerks.Provided, That Army field clerks and field clerks Quartermaster Corps, whose total pay and allowances do not exceed $2,500 per annum, shall be paid an increase at the rate of $240 per annum: Provided further, That such Army field clerks and field clerks Quartermaster Corps, whose total pay and allowances exceed $2,500 but do not exceed $2,740 per annum, shall be paid such additional amount as will make their total pay and allowances not to exceed $2,740 per annum: Provided further, That this section shall not be construed to reduce the pay and allowances of any Army field clerk or field clerk Quartermaster Corps. Sec. 5, act of May 18, 1920 (41 Stat. 602).

1713. Pay and allowances of field clerks, Quartermaster Corps.-Hereafter not to exceed two hundred clerks, Quartermaster Corps, who shall have had twelve years of service, at least three years of which shall have been on detached duty away from permanent stations, or on duty beyond the continental limits of the United States, or both, shall be known as field clerks, Quartermaster Corps, and shall receive the same allowances, except retirement, as heretofore allowed by law to pay clerks, Quartermaster Corps, and shall be subject to the rules and articles of war. Act of Aug. 29, 1916 (39 Stat. 625).

Hereafter the pay and allowances of Army paymasters' clerks shall be the same as provided by law for Navy paymasters' clerks on shore duty, and they shall also be entitled to the same right of retirement with the same retired pay as is now allowed Navy paymasters' clerks: Provided, That Army paymasters' clerks shall be subject to the rules and articles of war. Act of Mar. 3, 1911 (36 Stat. 1044), making appropriations for the support of the Army.

This provision of act of Aug. 29, 1916, was accompanied by a proviso that said clerks "shall be employed and assigned by the Secretary of War to the offices and positions in which they are to serve." Act Aug. 29, 1916 (39 Stat. 626).

Navy paymasters' clerks were to receive the same pay and allowances and have the same rights of retirement as warrant officers of like length of service in the Navy, by a provision of act of May 13, 1908, as amended by act of June 24, 1910.

Army paymasters' clerks were to receive mileage at the same rates, etc., as officers of the Army, by a provision of sec. 1, act of Aug. 24, 1912, ante, 543.

The age limit for the retirement of paymasters' clerks was to be same as for commissioned officers of the Army, by a further provision of said act of Aug. 24, 1912 (37 Stat. 575).

In connection with provisions relating to accounts of officers of the Pay Department, the assignment to duty in the office of the Paymaster General of five paymasters' clerks was authorized by a provision of act of Mar. 2, 1905, ante, 1594.

Provisions for paymasters' clerks including the employment of citizens as clerks, were made by R. S. 1190. They were continued, to be known as pay clerks, by a provision of sec. 3, act of Aug. 24, 1912, ante, 703. But no further appointments of pay clerks shall be made, by a provision of act of Mar. 2, 1913 (37 Stat. 708).

By a provision of act of Aug. 29, 1916 (39 Stat. 644), the President was authorized to appoint, and, by and with the advice and consent of the Senate, to commission to the grade of first lieutenant in the Quartermaster Corps, a pay clerk of over 31 years' service, in active service, and recommended by the then Secretary of War for such appointment.

For historical sketch of Pay Department, see Historical Note at head of chap. 19. Appropriation for the pay of the above clerks is regularly made by the annual Army appropriation act.

Notes of Decisions.

Field clerks, Quartermaster Corps.-The act of Aug. 29, 1916 (39 Stat. 625), changed the designation of clerk, Quartermaster Corps, to field clerk. No new office was created by the act, and Executive action

was unnecessary to determine the status of its beneficiaries. It was intended that the clerks named should receive the allowances from the date of the approval of the act. Charlebois v. U. S. (1919), 54 Ct. Cl. 183.

Civilian employees.-Prior to the amendment to this section authorizing the em ployment of civilian employees as pay master's clerks, the Attorney General held that there was no provision of law authorizing the employment of persons for cierks to paymasters other than noncommissioned officers, but that the department, in the

exercise of its general powers, might allow a private citizen to be employed when no capable noncommissioned officer could be obtained. (1837) 3 Op. Atty. Gen. 242.

Pay of clerks under prior laws.-See (1837) 3 Op. Atty. Gen. 242; (1842) 4 Op. Atty. Gen. 94.

1714. Contract surgeons.- * * Provided, That contract surgeons of the Army serving full time shall receive the pay of a second lieutenant. Sec. 1, act of May 18, 1920 (41 Stat. 602).

1715. Pay of the Army Nurse Corps.-That the annual rate of pay of the members of said corps shall be as follows: Superintendent, $2,400; assistant superintendents and directors, $1,800; assistant directors, $1,500; chief nurses, $120 in addition to the pay of a nurse; nurses, $720 for the first period of three years' service, $780 for the second period of three years' service, $840 for the third period of three years' service, $900 for the fourth period of three years' service, and $960 after twelve years' service in said corps (including in all cases time of service as contract nurse); reserve nurses, when upon active duty, will receive the same pay as nurses who have served in the corps for periods corresponding to the full period of their active service; and all members of said corps, in addition to the foregoing, the sum of $10 per month when serving beyond the continental limits of the United States (excepting Porto Rico and Hawaii). Sec. 4, chap. V, act of July 9, 1918 (40 Stat. 879).

1716. Pay of chief nurses.-That section four of Chapter V of an Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and nineteen," approved July ninth, nineteen hundred and eighteen, be, and the same hereby is, amended, to be effective as of and from July ninth, nineteen hundred and eighteen, by changing the clause "chief nurses, $120, in addition to the pay of a nurse," to "chief nurses, $360, in addition to the pay of a nurse." Act of Feb. 28, 1919 (40 Stat. 1211), amending sec. 4, chap. V, act of June 3, 1916 (39 Stat. 879).

1717. Pay of Army Nurse Corps when on leave. That members of said Nurse Corps shall be entitled to cumulative leave of absence with pay at the rate of thirty days for each calendar year of service in said corps, not exceeding, however, one hundred and twenty days at one time, and in addition thereto sick leave not exceeding thirty days in any one calendar year in cases of illness or injury incurred in the line of duty. Sec. 5, chap. V, act of July 9, 1918 (40 Stat. 879).

Sec. 7 of this act (40 Stat. 880), repealed act of Mar. 4, 1912 (37 Stat. 72), which provided as follows: "The superintendent and members of the Female Nurse Corps when serving in Alaska or at places without the limits of the United States may be allowed the same privileges in regard to cumulative leaves of absence and method of computation of same as are now allowed by law to Army officers so serving."

for the

1718. Pay of cooks and other civilians caring for the sick.— pay of male and female nurses, not including the Army Nurse Corps, and of cooks and other civilians employed for the proper care of sick officers and soldiers, under such regulations fixing their number, qualifications, assignments, pay, and allowances as shall have been or shall be prescribed by the Secretary of War; Act of June 5, 1920 (41 Stat. 967-968), making appropriutions for the support of the Army: Medical Department.

Similar provisions have appeared in previous acts making appropriations for the support of the Army.

1719. Pay and allowances of hospital matrons.-Hospital matrons in post and regimental hospitals shall receive ten dollars a month # * *. One ration in kind or by commutation shall be allowed to each. R. S. 1277.

The words "and nurses," omitted here, were superseded by the provisions establishing the Nurse Corps, and providing for the pay and allowances, quarters, subsistence, etc., of nurses. Secs. 18, 19, of act of Feb. 2, 1901 (31 Stat. 753), and subsequent statutes.

1720. Voluntary allotments of pay.-The Secretary of War is hereby authorized to permit, under such regulations as he may prescribe, any officer or enlisted man on the active list of the Army, any retired officer or enlisted man of the Army on active duty, and any permanent civilian employee under the jurisdiction of the War Department on duty outside of the continental limits of the United States, to make allotments of his pay for the support of his wife, children, or dependent relatives, or for such other purposes as the Secretary of War may deem proper. * Sec. 16, act of Mar. 2, 1899 (30 Stat. 981),

as amended by act of Oct. 6, 1917 (40 Stat. 385).

That the enlisted man may allot any proportion or proportions or any fixed amount or amounts of his monthly pay or of the proportion thereof remaining after the compulsory allotment, for such purposes and for the benefit of such person or persons as he may direct, subject, however, to such conditions and limitations as may be prescribed under regulations to be made by the Secretary of War and the Secretary of the Navy, respectively. Sec. 202, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 403).

Notes of Decisions.

court-martial imposing forfeiture of pay. (1918) 24 Comp. Dec. 621.

Forfeiture of pay.-Liberty Loan allotments of pay made by an enlisted man are not affected by the sentence of a 1721. Allotment of pay compulsory for enlisted men.-That the provisions of this article shall apply to all enlisted men in the military or naval forces of the United States, except the Philippine Scouts, the insular force of the Navy, and the Samoan native guard and band of the Navy. Sec. 200, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402), as amended by sec. 3, act of June 25, 1918 (40 Stat. 610).

1722. Dependents entitled to allotment of pay.-That allotment of pay shall, subject to the conditions, limitations, and exceptions hereinafter specified, be compulsory as to wife, a former wife divorced who has not remarried and to whom, alimony has been decreed, and a child, and voluntary as to any other person; but on the written consent of the wife or former wife divorced, supported by evidence satisfactory to the bureau of her ability to support herself and the children in her custody, the allotment for her and for such children may be waived; and on the enlisted man's application or otherwise for good cause shown, exemption from the allotment may be granted upon such conditions as may be prescribed by regulations. * * * Sec. 201, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402).

1723. Maximum compulsory allotment of pay.-The monthly compulsory allotment shall be $15. For a wife living separate and apart from her husband under court order or written agreement, or for a former wife divorced, the monthly compulsory allotment shall not exceed the amount specified in the court order, decree, or written agreement to be paid to her, * Sec. 201, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402), as amended by sec. 4, act of June 25, 1918 (40 Stat. 610).

The original act provided as follows:

The monthly compulsory allotment shall be in an amount equal to the family allowance hereinafter specified except that it shall not be more than one-half the pay, or less

than $15; but for a wife living separate and apart under court order or written agreement or for a former wife divorced, it shall not exceed the amount specified in the court order, decree, or written agreement to be paid to her."

Notes of Decisions.

Forfeiture of pay.-The monthly compulsory allotment of pay under this section is not affected by the sentence of a court

martial imposing a forfeiture of pay. (1918) 24 Comp. Dec. 621.

and

1724. Limitation on allotment of pay to an illegitimate child. * * for an illegitimate child, to whose support the father has been judicially ordered or decreed to contribute, it shall not exceed the amount fixed in the order or decree. * * * Sec. 201, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 403), as amended by sec. 4, act of June 25, 1918 (40 Stat. 610).

Sec. 9 of the act of June 25, 1918 (40 Stat. 611), provided that sec. 4, cited above, should become effective July 1, 1918.

1725. Limitation on allotment of pay to a former wife divorced.If there is a compulsory allotment for a wife or child, then a former wife divorced who has not remarried and to whom alimony has been decreed, shall not be entitled to a compulsory allotment, but shall be entitled to a family allowance as hereinafter provided. Sec. 201, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 403), as amended by sec. 4, act of June 25, 1918 (40 Stat. 610).

The original act provided as follows:

"If there be an allotment for a wife or child, a former wife divorced and who has not remarried shall be entitled to a compulsory allotment only out of the difference, if any, between the allotment for the wife or child or both and one-half of the pay." 1726. Presumption of marriage.— * * Provided further, That for the purpose of the administration of Article II of this Act marriage shall be conclusively presumed, in the absence of proof, that there is a legal spouse living, if the man and woman have lived together in the openly acknowledged relation of husband and wife during the two years immediately preceding the date of the declaration of war, or the date of enlistment or of entrance into or employment in active service in the military or naval forces of the United States if subsequent to such declaration. Sec. 22 (5), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401).

1727. Discontinuance of compulsory allotment of pay.-That all family allowances and allotments payable by the Bureau of War Risk Insurance under the authority of this article shall be discontinued at the end of the fourth calendar month after the termination of the present war emergency, as declared by proclamation of the President of the United States, and thereafter all allotments of pay shall be voluntary and shall be made under such regulations as may be prescribed by the Secretary of War and the Secretary of the Navy, respectively. Sec. 211, added to the act of Sept. 2, 1914, by sec. 9, act of Dec. 24, 1919 (41 Stat. 372).

1728. Allotment of pay of enlisted men missing in action. For the purpose of the payment of allotments made by the enlisted men or the payment of family allowances under Article II of the Act of October 6, 1917, as amended, an enlisted man reported as missing in action shall be considered as occupying a pay status until his actual status has been determined by proper official authority of the department in which the man served or is serving: Provided, That payments authorized hereunder shall not continue for more than one year. Act of Nov. 4, 1918 (40 Stat. 1024).

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1729. Resumption of discontinued allotments of pay. That in all of those cases in which an authority of allotment by an enlisted man directing the payment of an indicated amount to a designated beneficiary is on file in the Bureau of War Risk Insurance, and payments pursuant to this authority had been made by said bureau prior to July first, nineteen hundred and eighteen, but which payments were discontinued as of that date, the War and Navy Departments are directed to resume the payments of allotments in these cases, pursuant to the authority on file as aforesaid, pending the receipt of a new authority, or of a written rescission of the old authority from the enlisted man. In those cases in which pending the receipt of the new authority, the military authorities, beginning with July first, nineteen hundred and eighteen, have reserved from month to month out of the soldier's monthly accruing pay, the amount directed to be paid by the original authority of allotment, the War and Navy Departments, upon resuming the payment of allotments in such cases, under the authority of this Act, shall pay all arrearages out of these respective reservations. Act of Feb. 28, 1919 (40 Stat. 1212).

*

1730. Erroneous disbursement of allotments of pay.— All allotments of pay of officers, enlisted men, and civilian employees that have been or shall be paid to designated allottees previous to the receipt by disbursing officer of notice of discontinuance of the same from the officer required by regulations to furnish such notice shall pass to the credit of the disbursing officer who has made or shall make such payments; and, if erroneous payment is made because of the failure of an officer to report, in the manner prescribed by the Secretary of War, the death of the grantor, or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Quartermaster General from the officer who fails to make such report, if such collection is practicable. Nothing herein shall be construed to invalidate allotments now in force. Sec. 16, act of March 2, 1899 (30 Stat. 981), as amended by act of Oct. 6, 1917 (40 Stat. 385).

This appears to have superseded act of Mar. 2, 1901 (31 Stat. 896), which provided as follows:

Hereafter all allotments of pay of enlisted men of the United States Army, under section sixteen of act of Congress approved March second, eighteen hundred and ninetynine, that have been or shall be paid to the designated allottees, after the expiration of one month subsequent to the month in which said allotments accrued, shall pass to the credit of the disbursing officer who has made or shall make such payment: Provided, That said disbursing officer shall, before making payment of said allotments, use, or shall have used, due diligence in obtaining and making use of all information that may have been received in the War Department relative to the grantors of the allotments: And provided further, That if an erroneous payment is made because of the failure of an officer responsible for such report to report, in the manner prescribed by the Secretary of War, the death of a grantor or any fact which renders the allotment not payable, then the amount of such erroneous payment shall be collected by the Paymaster-General from the officer who fails to make such report, if such collection is practicable."

1731. Family allowances to dependents of soldiers during the Mexican punitive expedition.-That the sum of $2,000,000 is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of War, and under such rules and regulations as he may prescribe, for the support of, at a cost of not more than $50 per month, or so much of said amount as the Secretary of War may deem necessary, and not more than such enlisted man has been contributing monthly to the support of his family at the time of his being called or drafted into the service of the United States or during his enlistment period in the Regular Army at the time