PUBLIC BUILDINGS—Continued.
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 themselves. 75.
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 there with 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 buildings. 591.
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 APPROPRIATIONS, 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.
PURCHASE MONEY.
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.
RAILROADS.
See PACIFIC RAILROADS.
RAILROAD RATES.
See TRANSPORTATION, Nos. 1, 2, 3.
REBELLION.
See LOYALTY, Nos. 1, 2.
REENLISTMENT.
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 1426 and 1573, Revised Statutes to all enlisted persons now in the Navy, and authorized the passing of accounts of paymasters 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; PUBLIC LANDS.
See 'DISTRICT OF COLUMBIA, No. 3.
See JURISDICTION OF ACCOUNTING OFFICERS, Nos. 9, 12, 13. REIMBURSEMENT.
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 vessel 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- tion. 149.
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- ience. 149.
5. Under the act of March 2, 1895, for the reimbursement 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 property 385.
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 not 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 under 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 soldier 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 own 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. REPAIRS.
See APPROPRIATIONS, No. 5; PUBLIC BUILDINGS, Nos. 1, 2, 3. REPEALED STATUTES.
See MARSHALS, No. 8.
RESIGNATION.
See NAVY, No. 6; TRAVEL PAY, Nos. 1, 2.
RETAINED PAY.
See MARINE CORPS, Nos. 7,8; PAY.
RETAINED PERCENTAGE.
See CONTRACTS, Nos. 23, 24.
RETIRED LIST.
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 March 30, 1868, in accepting or holding a diplomatic or con- sular position. 7.
REVENUE-CUTTER SERVICE.
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.
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- ployees. 601.
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.
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