British Claims Commission. [17 Stat. L., p. 82.] [Extract from an act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1873, and for other purposes.] United States and British Claims Commission: For the compensation and expenses of the United States and British Claims Commission, forty-nine thousand one hundred and sixty dollars. Approved, May 8, 1872. Special counsel and legal services. Commission. [17 Stat. L., p. 349.] [Extract from an act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1873, and for other purposes.] For the compensation of special counsel and other legal British Claims services, and for incidental expenses in taking testimony, fees of witnesses, and of Commissioners in relation to claims before the mixed American and British Claims Commission, twenty-five thousand dollars. Approved, June 10, 1872. for mixed com can and British claims. [17 Stat. L., p. 422.] [Extract from an act making an appropriation to defray the expenses of the American and British Claims Commission, and for other purposes.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Appropriation That the sum of one hundred and thirteen thousand five mission on Ameri- hundred dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to supply a See Post, p. 867. deficiency in the appropriation for the fiscal year ending June thirty, eighteen hundred and seventy-three, to defray the expenses on the part of the United States of the mixed commission on American and British claims, appointed under the twelfth article of the treaty between the United States and Great Britain, signed May eighth, eighteen hundred and seventy-one. Approved, February 5, 1873. British Claims Commission. [17 Stat. L., p. 474.] [Extract from an act making appropriations for the Consular and Diplomatic Service of the Government for the year ending June 30, 1874, and for other purposes.] United States and British Claims Commission: For salaries of secretary, assistant secretary, messenger and watchman, four thousand four hundred dollars. For contingent expenses, namely: Rent, fuel, stationery, books, gas, printing, temporary clerks, and other miscellaneous expenses of similar character, twelve thousand two hundred and forty dollars. Approved, February 22, 1873. [17 Stat. L., p. 531.] [Extract from an act making appropriations to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1873, and for other purposes.] sion on American claims. For expenses of the mixed commission on American Mixed commis and British claims, including salaries of the commis- and British sioner and agent, and expenses of the defense of the United States against claims presented before said commission, for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, twenty-six thousand one hundred and sixty-six dollars, to be expended under the direction of the Secretary of State. Approved, March 3, 1873. [18 Stat. L., p. 71.] [Extract from an act making appropriations for the Consular and Diplomatic Service of the Government for the year ending June 30, 1875, and for other purposes.] British subjects under treaty of Washington. To pay the sums awarded to British subjects for such Awards to claims as are enumerated in article twelve of the treaty of May 8th, 1871, which have been allowed by the commission appointed under that article in the manner prescribed by the following articles to the 17th inclusive, one million nine hundred and twenty-nine thousand eight hundred and nineteen dollars. Approved, June 11, 1874. ARMY AND NAVY OFFICERS, LONGEVITY PAY OF. ACTS OF CONGRESS AND THE DECISIONS OF THE COURTS RELATING TO LONGEVITY PAY OF ARMY AND NAVY OFFICERS. [5 Stat. L., p. 258, sec. 15.] [Extract from an act to increase the present military establishment of the United States, and for other purposes.] sioned officers to rations for every SEC. 15. And be it further enacted, That every commis-All commissioned officer of the line or staff, exclusive of general offi- receive additional cers, shall be entitled to receive one additional ration per five years' service. diem for every five years he may have served, or shall serve, in the Army of the United States: Provided, That in certain cases where officers are entitled to and receive double rations, the additional one allowed in this section shall not be included in the number to be doubled. Approved, July 5, 1838. [14 Stat. L., p. 434.] AN ACT declaring and fixing the rights of volunteers as a part of the Army. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in computing the length of service of any officer of the Army, in order to determine what allowance and payment of additional or longevity rations he is entitled to, and also in fixing the relative rank to be given to an officer as between himself and others having the same grade and date of appointment and commission, there shall be taken into account and credited to such officer whatever time he may have actually served, whether continuously or at different periods, as a commissioned officer of the United States, either in the Regular Army or, since the nineteenth day of April, eighteen hundred and sixtyone, in the volunteer service, either under appointment or commission from the governor of a State or from the This provision President of the United States; and the provision herein appointments contained as to relative rank shall apply to all appointunder act of 1866. ments that have already been made under the "Act to fix to apply to all pay, rank, duties, alike to officers and of the volun State militia not the military peace establishment of the United States," approved July twenty-eighth, eighteen hundred and sixtysix. (See vol. 14, Stats. at Large, p. 332.) All rules as to SEC. 2. And be it further enacted, 'That in all matters etc., to apply relating to pay, allowances, rank, duties, privileges, and and soldiers of the rights of officers and soldiers of the Army of the United Regular Army States, the same rules and regulations shall apply, withteer service. out distinction for such time as they may be or have been affected thereby. in the service, alike to those who belong permanently to that service and to those who, as volunteers, may be or have been commissioned or mustered into the military service under the laws of the United States for a limited period. But nothing in this Act shall be construed as affecting or in any way relating to the militia of the several States when called into the service of the United States. Emoluments of commissioned act of 1864. of act of 1865 not retroactive. SEC. 3. And be it further enacted, That the Act entitled officers of Army "An Act to increase the pay of soldiers in the United not increased by States Army, and for other purposes," approved June twentieth, eighteen hundred and sixty-four, shall not be so construed as to increase the emoluments of the commisThe first section sioned officers of the Army at the date of its passage, and the first section of the Act entitled "An Act to amend the several Acts heretofore passed to provide for the enrolling and calling out the national forces, and for other purposes," approved March third, eighteen hundred and sixty-five, was not intended to be retrospective or retroactive in its operation, and shall not be so construed. Approved, March 2, 1867. To officers below rank of brig per cent of yearly [16 Stat. L., sec. 24, p. 320, now sec. 1262, Rev. Stat.] [Extract from an act making appropriations for the support of the Army for the year ending June 30, 1871, and for other purposes.] SEC. 24. * * * There shall be allowed and paid to adier-general ten each commissioned officer below the rank of brigadierpay to be allowed general, including chaplains and others having assimifor each five years' lated rank or pay, ten per centum of their yearly pay for each term of five years of service: Provided, That the service, etc. total amount of such increase for length of service shall in no case exceed forty per centum on the yearly pay of his grade as established by this act: And provided further, That the pay of a colonel shall in no case exceed four thousand five hundred dollars per annum, nor the pay of a lieutenant-colonel four thousand dollars per annum, and these sums shall be in full of all commutation of quarters, fuel, forage, servant's wages and clothing, longevity rations, and all allowances of every name and nature whatever, and shall be paid monthly by the pay master. Approved, July 15, 1870. [20 Stat. L., p. 150.] [Extract from an act making appropriations for the support of the Army for the fiscal year ending June 30, 1879, and for other purposes.] gevity and retire ment. SEC. 7. That on and after the passage of this act all Credits for lonofficers of the Army of the United States who have served as officers in the volunteer forces during the war of the rebellion, or as enlisted men in the armies of the United States, regular or volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in computing their service for longevity pay and retirement. Approved, June 18, 1878. NOTE. In the War Department officers are credited with actual service in the permanent establishment from date of acceptance, except in the case of graduates of the Military Academy, whose services commence from date of admission to the Academy. Officers are credited with actual service in the volunteers from date of muster into the service of the United States, or from date of acceptance in the cases where service was rendered under a commission by the President of the United States. [22 Stat. L., p. 118.] [Extract from an act making appropriations for the support of the Army for the fiscal year ending June 30, 1883, and for other purposes.] * * * Longevity pay. Provided, That from and after the first day Proviso. of July, eighteen hundred and eighty-two, the ten per centum increase for length of service allowed to certain officers by section twelve hundred and sixty-two of the Revised Statutes shall be computed on the yearly pay of the grade fixed by sections twelve hundred and sixty-one and twelve hundred and seventy-four of the Revised Statutes. Approved, June 30, 1882. Credit of time for regular or volunteer service. [22 Stat. L., p. 473.] [Extract from an act making appropriations for the naval service for the fiscal year ending June 30, 1884, and for other purposes.] * * * And all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the Regular or Volunteer Army or Navy, or both, and shall receive all the benefits of such actual service, in all respects in the same manner as if all said service had been continuous and in the Regular Navy in the lowest grade, having graduated pay held by such officer since last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the Volunteer Army or Navy. Approved, March 3, 1883. NOTES OF DECISIONS BY THE COURTS. A chaplain was not an officer in the Army before the act of March 2, 1867, and is not entitled to longevity pay computed on service anterior to that date. (26 Court of Claims, La Tourette v. The United States, p. 296.) (22 The provisions of the Revised Statutes, section 1262, as to longevity pay is not affected in principle by the act of June 30, 1882. Stat. L., 117.) The latter simply provides a numerical measure of compensation. Ib. A contract surgeon in the Army is not an officer within the meaning of the naval appropriation act of March 3, 1883 (22 Stat. L., 473), and is not to be credited with such service in the computation of his longevity pay. (James C. Byrnes v. The United States, 26 Court of Claims, p. 302.) An officer in the Navy should be credited in the calculation of his longevity pay with his period of service at the Naval Academy. (Asher C. Baker v. The United States, 23 Court of Claims, p. 181.) The service of a cadet at West Point is a part of an officer's "actual time of service in the Army" within the meaning of the appropriation acts of 1881, 1882. (Charles Morton v. The United States, 19 Court of Claims, p. 200.) 1. The act of June 18, 1878 (20 Stat. L., sec. 7, p. 150), provides that all officers of the Army "who served as officers in the volunteer forces during the War of the Rebellion, or as enlisted men in the armies of the United States, Regular or Volunteer, shall be, and are hereby, credited with the full time they may have served as such officers and as such enlisted men in computing their services for longevity pay." 2. The act applies to officers coming into the Army from the volunteer service, or from the ranks, and not to those coming in through |