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See MILEAGE, Nos. 3, 5.
1. The United States have the right to claim such reduced rates for
transportation as the laws applying to the different railroads
provide, and the fact that the Government requires reimburse-
ment of the cost of the transportation furnished in certain cases,
as of deserters returned to their regiments, and soldiers transferred
from one command to another at their own request, does not fur-
nish any valid ground of objection to the reduced rates by the
railroad companies, which can not be permitted to question the
purpose for which the transportation is required, their rights and
obligations being measured by the laws applying to them in rela-
tion to governmental transportation. 415.
2. A land-grant railroad company is entitled only to the usual charges
to the Government for transporting soldiers on Government orders,
notwithstanding such soldiers may be required to reimburse the
Government for such transportation. 415.
3. Officers and agents of the Government required to travel over the
bond-aided railroads at the expense of the l'nited States are not
authorized to pay cash for the transportation, but should obtain
tickets, receipting for the same. 480.
4. Payments in cash for services rendered the United States over the
aided lines are prohibited by law, and disbursing officers are not
authorized to reimburse any person for such payments. 480.
5. The Government is entitled to the benefit of through rates when
its officers or employees performing the travel, on “requests" or
otherwise, comply with all the reasonable conditions pertaining
to through rates imposed upon ordinary travelers, and not other-
6. The law requires that the bond-aided railroads between the Missouri
River and the Pacific Ocean be operated as a continuous line, and
the Government is entitled to a through rate on said line when
the “requests” show that the traveler is making a continuous
journey, notwithstanding more than one “request" is issued for
said travel. 538.
7. Because a common carrier has a right to make a transfer of freight
en route to suit its own necessities or convenience, it does not
follow that this is a sufficient ground for placing the shipper in
a less advantageous position as to charges to be paid under the
contract of shipment, or (as in the present case) in the distribu-
tion of the earnings of the company. 588.
8. Under “An act authorizing the construction of a bridge across the
Arkansas River, at Little Rock, Ark.," of May 31, 1872, providing
that “no higher charge shall be made for the transmission over
the same of the mails, troops, and munitions of war of the United
States than the rate paid for other transportation over the rail.
roads or public highways leading to said bridge," the fact that it
is necessary in utilizing such bridge to construct about a thousand
feet of railroad at either end of the bridge, which is used by the
railroads leading to the bridge, does not create such a condi.
tion as justifies the conclusion that these roads do not lead to the
9. Under the above phraseology the United States can not be compelled
to pay, for transporting mails, troops, and munitions of war, any
sum for the use of the bridge in question when the railroad lead-
ing to it is a free land-grant road. On the other hand, when the
transportation is over a cash road leading to the bridge, the rate
paid must be that paid the cash road by the United States. 618.
10. Materials transported in connection with river and harbor improve-
ments, although such improvements are conducted under the
supervision of the Engineer Corps of the United States Army,
are not ordinarily munitions of war, and consequently, when not
munitions of war, are not governed by the above-quoted section.
11. Where, however, the bridge, constructed under a charter containing
conditions identical with those mentioned in the first paragraph,
becomes a part of a land-grant road which is required by its
charter to transport at its cost, charge, and expense" the property
or troops of the United States," such river and harbor material
must be carried free across such bridge. 618.
Soe. Navy, No. 4; TELEGRAPHING; TRANSPORTATION, Nos. 1, 2, 3.
See Pro Rata PAYMENT, Nos. 1, 2.
A copartnership which is dissolved continues as a partnership so far
as its liabilities under contract with the United States as such
partnership is concerned. 450.
See CONTRACTS, No. 25,
The word “ pay" in the laws providing for the pay and allowances of
officers and enlisted men of the Army has a distinct and technical
signification, and when used alone in the sentence of a court-
martial does not affect the right of the accused to his pecuniary
See MARINE CORPS, Nos. 2, 7, 8; MEDICAL ATTENDANCE, No. 3;
Navy, Nos. 1, 2, 7, 11, 12, 13, 14; PRISONERS, No. 1; TRAVEL PAY.
See CONTRACTS, No. 26.
1. When a claimant for reimbursement for the expenses of the burial
of a deceased pensioner declines to furnish evidence of the assets
left by the deceased, in order that it may be decided whether
such assets were sufficient to meet the burial expenses, the action
of the Auditor in disallowing the claim will be affirmed. 149.
2. Where the assets of a deceased pensioner consist solely of a home-
stead which the law of the State where he resided exempts from
execution, causing descent to the heirs free from charges for
funeral and burial expenses, it is held that decedent left no assets
within the meaning of the act of March 2, 1895. 358.
3. The expense in having a guardian appointed for a pensioner is not
an expense of the last sickness and burial within the meaning of
the act of March 2, 1895, authorizing the reimbursement of per-
sons paying such expenses. 381.
The clause in the persion appropriation acts for the fiscal years 1895
and 1896, fixing the pay of the clerks designated at each agency
to sign official checks at the compensation allowed during the
fiscal year 1894 is not permanent legislation, but is limited to the
appropriations to which it is attached; and under the authority
contained in the act of March 6, 1896, the Secretary of the
Interior may fix the salaries of these clerks during the fiscal year
See BOND, No. 4.
See INTERNAL REVENUE SERVICE, No. 3; MARSHALS; SUBSISTENCE,
No. 2; etc.
See APPROPRIATIONS, No. 15.
See PENSION AGENCIES.
PERMANENT SPECIFIC APPROPRIATIONS.
See APPROPRIATIONS, No. 4.
See Coast AND GEODETIC SURVEY, No. 1; CONTRACTS, No. 13.
See MEDICAL ATTENDANCE, No. 1.
See APPROPRIATIONS, No. 14.
Soe MARSHALS, No. 13.
See MARSHALS, Nos. 18, 19.
1. Section 313 of the Revised Statutes relating to the District of
Columbia, providing for the disposition of fines, penalties, and
forfeitures imposed in the criminal court of the District, does not
apply to a fine imposed for a violation of the postal laws, the latter
being required by section 4059 of the Revised Statutes to be paid
into the Treasury for the use of the Post-Office Department. 138.
2. When there is an existing contract for the “regulation wagon mail
messenger, transfer, and mail-station service," with the condi-
tion that the Postmaster-General may cancel the same by pay.
ment of one month's compensation, cr reduce the service withont
reduction of pay, it is within his discretion, in the administration
of the postal service, to contract with another for street-railway
postal-car service covering in part the service under the former
contract, and allow both contracts to remain in full force. 290.
3. In expending the appropriation for “free-delivery service” the
Postmaster-General may, in the exercise of his discretion in the
management of the postal service, establish witbin the limits of
a post-office a system of free delivery of mail on board of vessels
and purchase or otherwise procure the boats and other conven-
iences necessary to the proper performance of such free-delivery
4. In the absence of any statute limiting the allowance of expenses of
secret agents of the Post Office Department they may be allowed
such an amount as the Postmaster-General approves, and the
exercise of his judgment and discretion as to the amount is con.
clusive upon the accounting officers. 336.
5. The Postmaster-General may, when in his judgment the interests
of the postal service require it, enter into a contract under sec-
tion 4006, Revised Statutes, for the operation of a line of postal
cars between two exchange offices in the United States through
Canada, if the free transportation of closed mails by the Canadian
authorities between such points does not meet the requirements
of the service. 360.
6. The Second Assistant Postmaster-General, when traveling by direc-
tion of the Postmaster-General on business connected with the
Railway Mail Service, is entitled to reimbursement for his actual
and necessary expenses from the appropriation “Inland trans-
portation by railroad routes.” 398.
POWER OF ATTORNEY.
See Navy, Nos. 11, 12.
PRACTICE OF COURT.
See CLERKS, UNITED STATES COURTS, No. 2.
PRESERVATION OF BUILDINGS.
See Public Buildings, No. 5.
PRINTING AND BINDING.
The provision in the act of February 12, 1895, for a new edition of
the Manual for Army Cooks requires that the expense of printing
the same must be paid from the appropriation therein, and not
from the appropriations for printing for the War Department,
and the issue of such manual is, by section 89 of the act of Janu-
ary 12, 1895, limited to 1,000 copies. 28.
1. When an enlisted man of the Navy is sentenced to forfeit while im-
prisoned all pay excepting $3 per month, the expense of necessary
clothing furnished to him while so confined is not to be charged
to said allowance of $3 per month, but is payable from the appro-
priation for expenses of prisoners and prisons. 91.
2. Under the act of March 3, 1875, a prisoner entitled on his discharge
to “one plain suit of clothes " may be given a plain outfit, includ-
ing such articles of ordinary clothing, within the Department
limit of $15, as may be necessary to properly clothe and protect
such prisoner. 344.
3. Necessary guards employed on the order of the court to guard a
prisoner confined on account of illness in a hospital may be paid
from the appropriation for support of prisoners. 486.
See COMMUTATION OF RATIONS, Nos, 2, 3; MARINE CORPS, No. 1;
MARSHALS, Nos. 5, 6, 7; Navy, No. 10.
See PRO RATA PAYMENT, No 1.
PROBATE COURT EXPENSES.
See PENSIONER'S EXPENSES, No. 3.
PROCEEDS OF SALE.
See CLERKS, UNITED STATES COURTS, No. 12; NAVY, No. 8.
See JURISDICTION OF ACCOUNTING OFFICERS, No. 10.
See CONTRACTS, Nos. 17, 20, 25.
PRO RATA PAYMENT.
1. When the name of a person has been erroneously omitted from the
official list for the payment of prize money, or bounty, a correc-
tion may be made before payment has commenced. After pay-
ment has commenced, and part of the crew paid, it is not within
the power of the Executive Departments to correct the error. 350.
2. Under the act of March 2, 1895, making provision for payment of
damages to certain settlers on Indian lands, the amount appro-
priated being insufficient to pay all valid claims in full should be
divided pro rata among the claimants, none of the claims being
entitled to priority over the others. 403.
See NATIONAL HOME, D. V, S., No. 2.
1. The Government wharf at Sitka, Alaska, is not a public building,
and the expense of repairing it can not be paid from the appro-
priation for the repair and preservation of public buildings. 71.