See MILEAGE, Nos. 3, 5.
PACIFIC RAILROADS.
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 United 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- wise.
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 66 requests" show that the traveler is making a continuous journey, notwithstanding more than one "request" is issued for said travel.
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
PACIFIC RAILROADS-Continued.
railroads leading to the bridge, does not create such a condi- tion as justifies the conclusion that these roads do not lead to the bridge. 618.
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. 618.
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.
See NAVY, No. 4; TELEGRAPHING; TRANSPORTATION, Nos. 1, 2, 3. PARTIAL PAYMENT.
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.
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 allowances. 300.
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.
PENSIONER'S EXPENSES.
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.
PENSIONER'S EXPENSES-Contiuued.
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 pension 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 1897. 506.
See BOND, No. 4.
PER DIEM.
See INTERNAL REVENUE SERVICE, No. 3; MARSHALS; SUBSISTENCE, No. 2; etc.
PERIODICALS
See APPROPRIATIONS, No. 15.
PERMANENT LEGISLATION.
See PENSION AGENCIES.
PERMANENT SPECIFIC APPROPRIATIONS.
See APPROPRIATIONS, No. 4.
PERSONAL SERVICES.
See COAST AND GEODETIC SURVEY, No. 1; CONTRACTS, No. 13. PHYSICIAN.
See MEDICAL ATTENDANCE, No. 1.
PNEUMATIC GUNS.
See APPROPRIATIONS, No. 14.
POLICE COURT.
See MARSHALS, No. 13.
POSSEMEN.
See MARSHALS, Nos. 18, 19.
POSTAL SERVICE.
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.
POSTAL SERVICE-Continued.
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, er reduce the service without 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 within 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 service. 326.
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.
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.
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.
PRIVATE PROPERTY.
See REIMBURSEMENT.
PRIZE MONEY.
See PRO RATA PAYMENT, No 1.
PROBATE COURT EXPENSES.
See PENSIONER'S EXPENSES, No. 3.
See CLERKS, UNITED STATES COURTS, No. 12; NAVY, No. 8. PROPERTY RETURNS.
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.
PUBLIC BUILDINGS.
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.
« SebelumnyaLanjutkan » |