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MILEAGE-Continued.

is not entitled to the difference between the cost of transporta-
tion and mileage under the act of March 3, 1835, as if the travel
was under orders and upon public business. The fact that he
was placed in charge of a seaman sent home sick on the same
vessel does not, in the absence of an order directing him to make

the travel, entitle him to mileage. 659.
See COAST AND GEODETIC SURVEY, No. 7; JURISDICTION OF AC-

COUNTING OFFICERS, No. 11; MARSHALS, Nos. 1, 3; TRANSPORTA-

TION, No. 5.
MILITARY SERVICE.

See REIMBURSEMENT, No. 7.
MINISTER TO MEXICO.

See OFFICE AND OFFICER, Nog. 5, 6, 9.
MISCELLANEOUS EXPENSES.

See CONTINGENT EXPENSES
MISCELLANEOUS RECEIPTS.
The wharfage fees, which by custom have been collected from mer-

chant vessels using the Government wharf at Sitka, Alaska, must
be covered into the Treasury under section 3617, Revised Stat-
utes, and no part thereof is available for expenditure for any

purpose. 71.

See CLERKS, UNITED STATES COURTS, No. 12.
MODIFICATION OF CONTRACT.

See CONTRACTS, Nos. 11, 12, 13, 23, 24, 25, 26.
MONTANA.

Soe CLERKS, UNITED STATES COURTS, No. 6.
MONTHLY SALARY.
In the absence of any law or regulation governing the calculation of

salary due to a person employed at a monthly salary who serves
a fractional part of a month, such proportion of the monthly sal-
ary should be paid as the number of days served bears to the
whole number of days in the month in which the service is ren-

dered. 81.

See COAST AND GEODETIC SURVEY, No.6.
MONUMENT.

See APPROPRIATIONS, Nos. 16, 18.
MUNITIONS OF WAR.

See Pacific RAILROADS, Nos. 8, 9, 10, 11.
NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.
1. Under the proviso in the act of August 18, 1894, relating to the

disbursement of the appropriations for the National Home for
Disabled Volunteer Soldiers, the expenses of inspecting goods

NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS-Cont'd.

purchased for the Home are properly chargeable as an incident
to the cost of such goods, and payable out of the appropriation
for their purchase, in the absence of a specific appropriation for

inspection. 522.
2. Such inspection expenses should be apportioned and paid out of the

appropriations for the various Branch Homes in accordance with
the amount of property of each kind inspected for and shipped

to each Branch Home at the time of shipment. 522.
3. The above proviso does not prohibit the shipment of materials to

the Central Branch for manufacture and distribution therefrom
to the various Branches, such materials being in an incomplete
condition for use; but in the case of completed articles ready for
uso, they must be shipped directly from the place of purchase or
manufacture to the Branch Home where they are to be used.

522.
4. Where payments have been made by the general treasurer for goods

properly contracted for, delivered to, and consumed by the vari-
ous Branches, credit must be given to the general treasurer for
such payments, whether these goods have been shipped directly
from the place of purchase to the place of consumption as

required by law or not. 522.
5. In these accounts, items which have been improperly paid by the

general treasurer from an appropriation for a certain fiscal year
will be credited under the appropriation for the proper fiscal

year, provided there is an available balance thereof. 522.

See APPROPRIATIONS, No. 5.
NAVAL ACADEMY.

See APPROPRIATIONS, No. 7.
NAVAL MILITIA.
The expenses incurred by order of the Navy Department in preparing

a Government vessel and in towing her to the place designated
by that Department for delivery to the naval militia of a State,
under authority of the act of August 3, 1894, are properly payable

by the United States. 409.
NAVY.
1. An officer of the Navy on shore duty at a navy-yard is not entitled

to pay for sea duty, though required by the commandant of the
navy-yatd, in addition to his regular duties, to perform duty in
examining recruits in place of the chief engineer of a recruiting
ship at anchor at the yard during the temporary illness of that

officer. 2.
2. An officer of the Navy in sea service ordered by the Secretary of the

Navy to report to the commandant of a naval station for instruc-
tion and exercise in automobile torpedoes, is thereby detached
from his vessel, and is not entitled to sea pay while on such duty
at the naval station. 4.
11268—VOL 2- 45

NAVY-Continued.
3. Enlisted men of the Navy, required by the regulations to contribute

to the fund for Navy hospitals, may be subsisted by the Navy
Department in naval hospitals after their term of enlistment has

expired without being charged with Navy rations. 11.
4. The provision in section 1 of the act of March 3, 1879, for the proper

adjustment of accounts of Pacific railroads for transportation of
the Army and transportation of the mails, does not apply to trans-
portation of the Navy so as to authorize the same method of
adjustment for the services rendered by such railroads in the

transportation of sailors and marines. 12.
5. The proviso in the act of July 26, 1894, granting the benefits of pre-

vious service to all officers who have been" appointed to any
corps of the Navy after serving in a different branch of the Navy,
applies only to those who were so appointed prior to the passage

of the act. 204.
6. An officer who resigns an office in the Navy to accept an appoint-

ment in another branch of the Navy does not thereby reenter the

service within the meaning of the act of March 3, 1883. 204.
7. An officer of the Navy is entitled, while temporarily receiving treat-

ment in a hospital, to the pay attached to the duty to which he

has been regularly assigned. 298.
8. The expense incurred in removing from a condemned ship previous

to its sale at auction the machinery or other property to be pre-
served for future use, not being an expense attending the prepa-
ration for or holding of the sale, can not be paid from the pro-

ceeds. 334.
9. Under section 1587, Revised Statutes, no expenses can be allowed to

officers of the Navy which are incurred in connection with the

funeral of a naval officer who dies in the United States. 511.
10. The pay of an enlisted man of the Navy held by the civil authori.

ties for trial on a criminal charge should not be paid until he is
acquitted, and if found guilty his pay is then forfeited to the

United States from the date of his arrest. 584.
11. The insanity of an allottee who is not a member of the allotter's

family, or a relative, works a revocation of the allotment. 652.
12. The trustee of such insane allottee, as in this case, can not act for

the allotter, nor execute a valid receipt for money paid in carry.
ing out the purposes of the allotment after the commencement

of the insanity. 652.
13. The character of the service of a naval officer is strictly determined

by his orders, and where the order directs him to report “for
duty in charge of the machinery” of an ironclad at a navy-yard,
and he subsequently receives similar orders for other ironclads
while performing this duty, and the order relieving him from this
duty recited that he was "detached from duty connected with
the ironclads at the navy-yard" in question, such orders do not
assign him to duty on board the first of the vessels named, and he
is not entitled to sea pay for the performance of duties in obedi-
ence to said orders. 656.

NAVY-Continued.
14. His assumption that he is attached to the ironclad does not change

his status, and the accounting officers can allow only the pay
that he is entitled to receive for the performance of the duties

required by his orders. 656.
See Coast AND GEODETIC SURVEY, No. 7; COMMUTATION OF RA-

TIONS, Nos. 2, 3, 4; MARINE CORPS, No.1; MEDICAL ATTENDANCE,
Nos. 2, 3; MILEAGE, Nos. 1, 2, 5; NAVAL MILITIA; REENLISTMENT,
Nos. 1, 2, 3; REIMBURSEMENT; PUBLIC MONEYS, No. 1.

NEAREST COMMISSIONER.

See MARSHALS, Nos. 5, 6, 7.
NECESSARY TRAVEL.

See MARSHALS, No. 10; MILEAGE.
NEGLIGENCE.

See REIMBURSEMENT, Nos. 1, 5.
NEWSPAPERS.

See APPROPRIATIONS, No. 15; CONTINGENT EXPENSES, No. 3.
OATH.

See CLERKS, UNITED STATES COURTS, No. 13; COMMISSIONERS, Nos.

21, 22; INDIAN TERRITORY, No8, 2, 4, 5; RIVER AND HARBOR IM-

PROVEMENTS, No. 6.
OFFICE AND OFFICER.
1. Section 2 of the act of July 31, 1894, providing that “No person who

holds an office the salary or annual compensation attached to
which amounts to the sum of $2,500 shall be appointed to or hold
any other office to which compensation is attached," operated
immediately on the passage of the act upon persons in office

affected by its provisions. 33.
2. A person who continued, after the passage of the act of July 31,

1894, to hold an office the annual compensation of which amounted
to $2,500, thereby vacated any other office to which compensation

is attached and which he had theretofore held. 33.
3. A person who held the offices of clerk of the circuit court of appeals,

the annual salary of which exceeds $2,500, and clerk of the cir-
cuit court, to which compensation is attached, and who contin-
ned, after July 31, 1894, to perform the duties and receive the
coinpensation attached to the former, thereby vacated the latter
office, which he was prohibited from holding by section 2 of the
act of July 31, 1894. In continuing to perform the duties of
clerk of the circuit court he was at most a de facto officer, and as

such is not entitled to claim compensation. 33.
4. A member of the Board of Children's Guardians of the District of

Columbia is prohibited, by the act creating the Board, from receiv-
ing compensation as such, and can not be paid for services ren.
dered as disbursing officer of the Board. 79.

OFFICE AND OFFICER-Continued.
5. A Senator of the United States is prohibited by section 6, article 1,

of the Constitution, during the time for which he was elected,
from being appointed to any civil office the emoluments of which

have been increased during such time. 129.
6. R., a Senator of the United States, elected for a term of six years,

to expire March 3, 1895, during which time the salary of the office
of minister to Mexico was increased, was, on February 23, 1895,
nominated to that office, confirmed by the Senate, and commis-
sioned by the President. He took the oath of office on March 5.
Such appointment was prohibited by section 6, article 1, of the

Constitution, and R.'s salary can not be paid. 129.
7. A person employed by an officer of the Marine-Hospital Service

without the previous approval of the Secretary of the Treas
as required by the regulations, may be paid for his services upon
a subsequent ratification of the employment by the Secretary.

140.
8. The head of a Department may assign the clerks and employees pro-

vided by law for his Department to such work therein as, in his

discretion, he may deem proper. 173.
9. The appointment of a minister to Mexico made by the President on

August 29, 1895, under the circumstances connected therewith,
was not to fill a vacancy in that office existing during the last
session of the Senate within the meaning of section 1761, Revised

Statutes. 207.
10. The attorney for the Court of Private Land Claims, at an annual

salary of $3,500, is not prohibited by section 2 of the act of July
31, 1894, from being retained in a particular case as a special
assistant to the United States attorney for New Mexico, his
employment as such assistant not involving the holding of “any

other office" within the meaning of said section. 271.
11. A person appointed by a collector of internal revenue as his deputy

with the understanding that he should not perform any of the
duties of the position, and who in fact performed no duties, can

not receive the compensation of the office. 379.
12. A chief of division in the office of the Supervising Architect of the

Treasury at a salary of inore than $2,500 per annum may be paid
compensation as a member of a commission appointed under the
act of February 20, 1895, to select a site for a public building,
service upon such commission not involving the holding of an
office within the meaning of section 2 of the act of July 31,

1894. 467.
13. A person who holds the office of crier of the circuit court of appeals

is entitled to the per diem fee for each day's service, notwith-
standing he may have received for the same day a fee as crier of

the circuit and district courts, which office he also holds. 520.
See Bond, Nos. 1, 2, 3; Consu'LAR OFFICERS, Nos. 1, 2, 3, 4; INDIAN

TERRITORY, Nos, 2, 3, 4, 5, 6; JURY COMMISSIONERS; LEAVE
OF ABSENCE, No. 1; MARSHALS, No. 9; RIVER AND HARBOR IM.
PROVEMENTS, No. 4; World's COLUMBIAN EXPOSITION, No. 2.

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