him in aiding the United States to raise the Volunteer Army in the existing war with Spain, by subsisting, clothing, supplying, equipping, paying, and transporting men of his State or Territory who were afterwards accepted into the Volunteer Army of the United States: Provided, That the transportation paid for shall be only the transportation of such men from the place of their enrollment for service in the Volunteer Army of the United States to the place of their acceptance into the same by the United States mustering officer, and that the names of the men transported shall appear on the muster rolls of the Volunteer Army of the United States: And provided further, That such claims shall be settled upon proper vouchers to be filed and passed upon by the proper accounting officers of the Treasury: And provided further, That, in cases where the money to pay said costs, charges, and expenses has been, or may hereafter, be borrowed by the governors or their respective States or Territories, and interest is paid, or may hereafter be paid, on the same, by the governors or their States or Territories, from the time it was or may be so borrowed to the time of its refundment by the United States, or thereafter, such interest shall not be refunded by the United States; nor shall any interest be paid the governors or their States or Territories on the amounts paid out by them, nor any other amount refunded or paid than is in this act expressly mentioned.1 Act of July 8, 1898 (30 Stat. L., 730.) Mar. 3, 1899, v. 224. That the act entitled "An act to reimburse the The same. governors of States and Territories for expenses incurred 30, p. 1356. by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain," approved July eighth, eighteen hundred and ninety-eight, be so amended that the Secretary of the Treasury shall be, and is hereby, authorized to allow, in the settlement of the claims of the governors of States and Territories for reimbursement under the provisions of the said act, expenses incurred after as well as before July eighth, eighteen hundred and ninety All claims for expenses incurred by any State or Territory in aiding the United States to raise the Volunteer Army in the existing war with Spain by subsisting, clothing, supplying, equipping, paying, and transporting men of such State or Territory who were afterwards accepted into the Volunteer Army of the United States should be forwarded to the Secretary of the Treasury for audit and settlement by the accounting officers of the Treasury, in accordance with the terms of the abovequoted act. G. O., 97, A. G. O., 1898. The act of March 3, 1899 (30 Stat. L., 1356), paragraph 230, post, contains a requirement that claims under this statute must be presented on or before January 1, 1902, or be forever barred. Rates of pay. eight: Provided, That no reimbursement shall be made for service of members of the National Guard, or organized militia, or naval reserves of any State or Territory who were not accepted into the Volunteer Army of the United States, and no reimbursement shall be allowed for payments made to any person in excess of the pay and allowances authorized by the laws of the State or Territory for the grade in which he was accepted into the Volunteer Army of the United States. That the compensation allowed by the laws of the States and Territories to officers and men of the National Guard, or militia, or naval reserves of said States and Territories shall be allowed to the States and Territories, or the governors of the States and Territories, as pay for such officers and men of said National Guard, or militia, or naval reserves as appeared and remained at the place of muster, and who were afterwards received into the service of the United States for the period between the date of assembly at the rendezvous and the date they were mustered into the United States service. Act of March 3, 1899 (30 Stat. L., 1356.) 225. In all States and Territories where no laws exist for the payment of the officers and men of the National Guard, or militia, or naval reserves, there shall be allowed to said States and Territories, or the governors of said States and Territories, for the officers the same pay as allowed officers in the Regular Army holding the same rank, and for the men, one dollar per day, for such officers and men as appeared and remained at the place of muster and were afterwards received into the service of the United States for the period between the date of assembly at the rendezvous and the date they were mustered into the service of the United States: Provided further, That for all officers and men of the National Guard, or militia, or naval reserves of the States and Territories, who appeared at the rendezvous for muster, and were rejected by the medical examiner or mustering officer, pay shall be allowed for the same to the States and Territories or the governors of States and Territories, at the several rates as fixed as aforesaid from the date of assembly to the date of their rejection: Provided further, That where States and Territories have not paid amounts to the officers and men or any part thereof the pay allowed them by this Act, the same shall be paid by the States and Territories direct to the officers and men, and no money allowed by this Act for officers and men shall be covered into the treasury of the State or Territory. Ibid. to State rendez Sec. 2, ibid. 226. Under the appropriation made by said Act the Sec- Transportation retary of the Treasury is hereby authorized to reimburse vous. the governor of any State or Territory for reasonable expenses incurred by him for the actual transportation of the members of organized militia, or National Guard, or naval reserves of his State from the place of company, battalion, or regimental rendezvous to the State rendezvous, or place designated for examination and acceptance of the members of such organization into the Volunteer Army of the United States, and the actual transportation from such State rendezvous, or such place designated for examination and acceptance, to their respective company, battalion, or regimental rendezvous of such men as were rejected by the medical examiner or mustering officer: Provided, That no reimbursement shall be made for the transportation of any man who did not present himself for enrollment in the Volunteer Army of the United States as provided by law: And provided further, That the provisions of this section shall apply also to payments made by the governor of any State or Territory for the actual transportation of individual volunteers who presented themselves for enrollment in the Volunteer Army of the United States and who were rejected by the medical examiner or mustering officer. Sec. 2, ibid. Sec. 3, ibid. 227. Nothing in said Act of July eighth, eighteen hun- Subsistence. dred and ninety-eight, shall be so construed as to prohibit the reimbursement of the governor of any State or Territory for reasonable expenses incurred for the subsistence. of the members of any organization of the organized militia or National Guard, or naval reserves of his State or Territory after having been called out by the governor on or after April twenty-fifth, eighteen hundred and ninetyeight: Provided, That such organizations shall afterwards have been accepted into the Volunteer Army of the United States. Sec. 3, ibid. 228. The expenses incurred by the governors of States in carrying out the provisions of this Act shall be paid to them, notwithstanding any unsettled accounts, claims, or indebtedness of the United States against their States, and without prejudice to such unsettled accounts: Provided, That when such unsettled account is caused by a default in payment of principal or interest on any bonds or stock issued or guaranteed by any State, the ownership of which is vested in the United States, the Secretary of the Treas ury be, and he is hereby, authorized and directed to institute any act or proceeding which he may consider advisable Transportation of troops. against such State or its representatives to secure the payment of the principal and interest of said bonds or stocks: And provided further, That where the governor of any State or Territory, or any officer of the Army detailed as mustering officer of volunteers, or any commander of a company or companies, or troop or troops, or battery or battalion, or regiment, or brigade, has purchased or authorized the purchase of supplies or equipments, or incurred any necessary expense for the comfort of the men in camp or rendezvous, and said supplies were used and equipments were subsequently taken into the United States service by said volunteers, and no receipts given to such military officer, the certificate to that effect of the governor of the State or Territory to which the volunteers belonged, shall be held sufficient to authorize the settlement and payment of such account on investigation, if the Treasury Department shall be satisfied of the fact of such purchase of such equipment and supplies, or that such necessary expenses were incurred and such use of such supplies, or such taking of such equipments into the United States service, and the voucher or vouchers of said officers be produced by said governor. Sec. 4, ibid. 229. That the Secretary of the Treasury be, and is hereby, Sec. 5, ibid. authorized to pay, out of any money in the Treasury not otherwise appropriated, the just and proper account or claim of any railroad, transportation company, or person for transportation of men or troops from place of enrollment to point of rendezvous, furnished at the request of the Quartermaster-General of the Army or his agents, or at the request of any United States mustering officer or other officer authorized by the Secretary of War to enroll, muster, or mobilize volunteers for the war with Spain; and also to pay such just and proper accounts as may be presented for transportation back from point of rendezvous to place of enrollment of men who volunteered and were rejected by the medical examiner or mustering officer: Provided, That the amount allowed and paid for such transportation shall not be in excess of the rates charged for transporting troops of the United States under like circumstances. claims. All claims under the provision of this Act must be filed in the office of the Auditor for the War Department, and must be supported by proper vouchers or other conclusive evidence of interest. Sec. 5, ibid. Limitation on 230. All claims for reimbursement under this Act or the Act of July eighth, eighteen hundred and ninety-eight, Sec. 6, ibid. shall be presented in itemized form to the Treasury Department on or before January first, nineteen hundred and two, or be forever barred. 1 Sec. 6, ibid. COMPROMISE OF CLAIMS AND PURCHASE ON EXECUTION. claims. Compromise of 76, s. 10, v. 12, p. 740. U. S. v. George, Sec. 3469, R.S. 231. Upon a report by a district attorney, or any special attorney or agent having charge of any claim in favor of the United States, showing in detail the condition of such claim, and the terms upon which the same may be com- 6 Blatch., 406. promised, and recommending that it be compromised upon the terms so offered, and upon the recommendation of the Solicitor of the Treasury, the Secretary of the Treasury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. 2 232. At every sale, on execution, at the suit of the United States, of lands or tenements of a debtor, the United States may, by such agent as the Solicitor of the Treasury shall appoint, become the purchaser thereof; but in no case shall the agent bid in behalf of the United States a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs. Whenever such purchase is made, the marshal of the district in which the sale is held shall make all needful conveyances, assignments, or transfers to the United States. SET-OFF. Purchase on execution. May 26, 1824, c. 172, s. 2, v. 4, p. 51. Sec. 3470, B.S. due United held by Secre in paying judg debtor against Act Mar. 3, 233. When any final judgment recovered against the Amount of debt United States or other claim duly allowed by legal author-States to be withity, shall be presented to the Secretary of the Treasury for tary of Treasury payment, and the plaintiff or claimant therein shall be ments, etc., of indebted to the United States in any manner, whether as United States. principal or surety, it shall be the duty of the Secretary to 1875, v. 18, p. 481. withhold payment of an amount of such judgment or claim equal to the debt thus due to the United States; and if such plaintiff or claimant assents to such set-off, and discharges his judgment or an amount thereof equal to said debt or claim, the Secretary shall execute a discharge of For statute conferring authority upon the Secretary of War to investigate claims for loss of, or injury to, property during the war with Spain, see the Act of June 6, 1900 (31 Stat. L., 632), par, 137, ante. 2 Compromise of claims.-Claims against the United States which are disputed by the officers authorized to adjust such accounts may be compromised, and if the claimant voluntarily enters into such a compromise and accepts a smaller sum than the claim and executes a discharge in full for the whole claim, he is bound by the adjustment and can not sue for what he has voluntarily relinquished. Sweeny v. U. S., 17 Wall., 75, 77; Mason v. U. S., ibid, 67. |