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2. Appropriations for the establishment of quarantine stations have
always been treated as available for the erection of necessary
buildings to be used at such stations, including wharves, and the
appropriation for repairs of public buildings is therefore available
for repairs to such wharves as well as for repairs to the buildings
3. An appropriation for “improvements" to a public building can be
used to pay salaries of employees in the Supervising Architect's
Office who are engaged upon that work, such an appropriation
being treated as one for a public building within the meaning of
the act providing for the compensation of such employees. 231.
4. If a disbursing officer pays for a site for a light-house from moneys
appropriated and advanced to him for that purpose, he must be
credited therewith in the settlement of his accounts, even if light.
houses be included within the meaning of the act of March 2,
1889, requiring sites for public buildings to be paid for by drafts
from the Treasury Department at Washington. 392.
5. The expenses incurred by an agent of the Secretary of the Treasury
sent to examine and reclaim property formerly used as a custom-
house and under control of the Treasury Department are payable
from the appropriation for repairs and preservation of public
6. Under the authority to employ skilled draftsmen, etc., at a cost not
exceeding $250,000 per annum, to carry into effect the appropri-
ations for public buildings, and their payment from said appro-
priations in proportion to the work done upon each building, the
Secretary of the Treasury may employ such services in connec-
tion with the new public building at Chicago and charge the
same to the appropriations made for that building; the special
appropriations for such services in the act of March 2, 1895, and
the joint resolution of January 28, 1896, relating to the Chicago
building, being intended to increase the limit (for the benefit of
the Chicago building) of $250,000 per annum for the employment
of skilled draftsmen, etc. 649.
See AIPROPRIATIONS, Nos. 6, 19; CONTRACTS, No. 19; LIGHT-HOUSE
ESTABLISHMENT; PUBLIC MONEYS, No. 2.
A claim for refundment of the purchase money paid for land errone-
ously sold first arises when the entry is canceled by the Commis-
sioner of the General Land Office. 460.
See SURVEYS, PUBLIC LANDS, Nos. 1, 2.
1. The expenses incurred in the payment by a Navy paymaster of the
salaries of the officers and men of the Navy serving on a Fish
Commission vessel, when the funds are sent by express to the
commanding officer or by check to his order, are payable from
the Navy appropriations as in the case of payments to other
officers and men of the Navy. 274.
2. The expense of providing iron guards upon the windows of the
office of the assistant treasurer in the temporary building rented
by the Government at Chicago is properly payable from the
appropriation "Contingent expenses, Independent Treasury," as
a necessary expense in the safe-keeping of the public moneys
within the meaning of section 3653, Revised Statutes. 493.
See WORLD'S COLUMBIAN EXPOSITION, No. 4.
See Public LANDS.
An officer of the Army is not entitled to reimbursement for the amount
paid for quarters when serving at a post where there are public
quarters to which he could have been assigned by the Quarter-
master's Department. 187.
See LESSEE; MARINE CORPS, Nos. 5, 6.
See PACIFIC RAILROADS.
See TRANSPORTATION, Nos. 1, 2, 3.
See LOYALTY, Nos. 1, 2.
1. The three months' extra pay for reenlistment allowed by section
1573, Revised Statutes, to seamen, ordinary seamen, landsmen,
firemen, coal heavers, and boys is limited to the six grades of
enlisted men mentioned, and can not be allowed to a person
enlisted as a steward. 536.
2. A man enlisted in the Navy as a writer, third class, and granted an
honorable discharge under section 1429, Revised Statutes, as a
yeoman after three years' service, is not entitled to the three
months' extra pay for reenlistment allowed by section 1573 to the
six classes of enlisted men named therein. 563.
3. The joint resolution of June 11, 1896, extended the benefits con-
ferred by sections 1126 and 1573, Revised Statutes to all enlisted
persons now in the Navy, and authorized the passing of accounts
of payınasters containing payments of three months' extra pay
to all enlisted men as though they had been included in said sec-
tions. Under this resolution payment may now be made to an
enlisted man who reenlisted prior to its passage and whose claim
for extra pay was pending before the paymaster but not actually
paid before June 11. 608.
See BOUNTY; MARINE CORPS, No. 10.
See CUSTOMS SERVICE, No, 4; DISTRICT OF COLUMBIA, No. 7;
REGISTER OF WILLS.
See •DISTRICT OF COLUMBIA, No. 3.
See JURISDICTION OF ACCOUNTING OFFICERS, Nos. 9, 12, 13.
1. Under the act of March 2, 1895, for the reimbursement of officers
and seamen of the Navy for property lost in the naval service, a
claimant must show that the loss occurred without fault or negli-
gence on his part, unless the property was shipped on an unsea-
worthy veseel by order of an officer authorized to give such order,
in which case such proof is not required. 30.
2. In settling claims under the act to provide for the reimbursement
of officers and seamen for property lost or destroyed in the naval
service of the United States," of March 2, 1895, the accounting
officers must allow the actual value of private property “at the
date of loss or destruction” when such actual value is proved by
the claimant. 149.
3. As petty officers and seamen in the naval service are not required
to procure their clothing and personal effects from the paymaster
upon requisitions, they are not, in proving the value of their
property at the date of loss or destruction when claiming reim-
bursement under the act of March 2, 1895, limited to the paymas-
ter's issuing price, but may, by such evidence as is required to
clearly establish the fact, prove the actual value of their personal
property at the date of loss or destruction. In the absence of
such proof the “issuing price” may be accepted as a fair valua-
4. Officers and men presenting claims under the act of March 2, 1895,
can be reimbursed only for "such articles of personal property
as are required by the United States Naval Regulations,” both as
to number and kind, and the accounting officers can not allow
claims for articles in excess of the regulation requirements which
they are permitted to carry for their personal comfort or conven-
5. Under the act of March 2, 1895, for the reimborsement of officers
and seamen for property lost or destroyed in the naval service,
the “ fault or negligence on the part of the claimant" which will
preclude his recovery is such fault or negligence as constitutes a
contributing and readily connected cause of the loss of his
6. The property of a naval officer serving upon a Coast Survey vessel,
lost or destroyed by shipwreck of such vessel or other marine
disaster, is uot lost “in the naval service” within the meaning
of the act of March 2, 1895. 399.
7. The act of March 3, 1885, provides for three classes of circum-
stances nder which officers and enlisted men of the Army are
entitled to reimbursement for the loss of private property in the
military service of the United States, provided that the Secre-
tary of War shall have first decided that the property so lost
was "reasonable, useful, necessary, and proper for such officer
or soidier while in quarters, engaged in the public service in the
line of duty:”
First. Where the claimant can show that the loss occurred with-
out fault or negligence on his part;
Second. Where the property lost was shipped on board an unsea-
worthy vessel by order of a properly authorized officer, in which
case it is not required to affirmatively show that he was not
guilty of fault or negligence; and
Third. Where the property was lost through the action of the
claimant in preferring to save the property of the United States
at the same time that his owu was in jeopardy, which necessarily
implies the neglect of his own property for the sake of saving
the Government from loss, if possible. 644.
See Pacific RAILROADS, No. 1; PENSIONER'S EXPENSES, Nos. 1, 2,
3; QUARTERS; WRECKS.
See APPROPRIATIONS, No. 9; CONTRACTS, Nos. 6, 14; LESSEE; MARINE
CORPs, No. 6; QUARTERS; TELEPHONES.
See JURISDICTION OF ACCOUNTING OFFICERS, Nos. 9, 12, 13, 14.
See APPROPRIATIONS, No. 5; PUBLIC BUILDINGS, Nos. 1, 2, 3.
See Marshals, No. 8.
See Navy, No. 6; TRAVEL PAY, Nos. 1, 2.
See MARINE CORPs, Nos. 7,8; PAY.
See CONTRACTS, Nos. 23, 24.
The act of March 3, 1891, directing the accounting officers of the
Treasury not to suspend or withhold the pay of certain retired
officers therein described whose names were upon the retired list
prior to the passage of, and retained therein in obedience to, the
act of March 3, 1875, applies only to officers of the Army whose
names were lawfully on the retired list, and not to those who,
prior to the passage of the last-mentioned act, had severed them.
selves from the Army by force of section 2, chapter 38, of the act
of Marcb 30, 1868, in accepting or holding a diplomatic or con-
sular position. 7.
See DECEASED EMPLOYEE, No. 3.
RIVER AND HARBOR IMPROVEMENTS.
1. Appropriations for continuing the improvement of rivers and har-
bors, not being limited to a particular fiscal year and being made
(by section 5 of the act of June 20, 1874) available until otherwise
ordered by Congress, may be used for the payment of expenses
properly incurred at any time after the work for which they are
made was authorized. 496.
2. Consideration of the contract of O'Connor, Laing & Smoot for the
construction of jetties in the harbor at Galveston, Tex., with ref-
erence to their liability thereunder to maintain the railway used
in connection with the work. 565.
3. The appropriations in the river and harbor act of June 3, 1896,
being made immediately available, the amount appropriated for
continuing the improvement of James River, Virginia, may be
used to continue the work under the contract of December 11,
1894, which does not terminate until June 30, 1896. 593.
4. Section 7 of the river and harbor act of June 3, 1896, excepts from
the operation of section 2 of the act of July 31, 1894–providing
that “No person who holds an office the salary or annual com-
pensation attached to which amounts to the sum of $2,500 shall
be appointed to or hold any other office to which compensation
is attached, unless specially heretofore or hereafter specially
authorized thereto by law”-retired officers of the Army and
Navy when employed to do work under the direction of the Chief
of Engineers of the Army in connection with the improvement of
the rivers and harbors of the United States, and also authorizes
the payment to such officers heretofore employed of any amounts
agreed upon as compensation for such employment. 596.
5. Supplemental decision to that of May 22, 1896 (ante, p. 565) in the
matter of the contract of O'Connor, Laing & Smoot for the con-
struction of jetties in the harbor at Galveston, Tex. 599.
6. An officer of the Army on the retired list while employed, under
the authority of section 7 of the act of June 3, 1896, in work
connected with the improvement of the rivers and harbors of
the United States is not engaged in performing military duty
and should support his accounts for traveling expenses by his
oath as required by the Army Regulations of all civilian em-
7. In order to give any effect to the joint resolution of March 16, 1896,
" that the National Dredging Company, the contractor for the
improvement of the harbor at Mobile, Ala., proceed with the
work of dredging, under the direction of the Secretary of War,"
etc., it is necessary to infer that it confers upon the Secretary of
War the power to revive the contract and, with the consent of the
contractor and the sureties, continue it in force until the addi-
tional work authorized by Congress is completed. 623.
See APPROPRIATIONS, Nos. 10, 12; CONTRACTS, Nos. 24, 26; COSTS IN
STATE COURT; LESSEE; PACIFIC RAILROADS, No. 10; UNLIQUI-
DATED DAMAGES, No. 2.