and retired officers who have so traveled since March third, nineteen hundred and five, shall be paid seven cents per mile and no more; distances to be computed and mileage to be paid over the shortest usually traveled routes, with deduction as hereinafter provided; and payment and settlement of mileage accounts of officers shall be made according to distances and deductions computed over routes established and by mileage tables prepared by the PaymasterGeneral of the Army under the direction of the Secretary of War. Act of June 12, 1906 (34 Stat. 246), making appropriations for the support of the Army. R. S. 1273, fixed the allowance of mileage at 10 cents per mile, to be computed over the nearest post route and to be paid by the Pay Department. The act of June 16, 1874 (18 Stat. 72), discontinued mileage as a method or reimbursement for expenses incurred in traveling on duty, and substituted therefor the payment of actual expenses in all cases of travel under orders. This provision was repeated in the act of Mar. 3, 1875 (18 Stat. 452). The mileage allowance was restored and fixed at the rate of 8 cents per mile by the act of July 24, 1876 (19 Stat. 100), but was not payable when actual transportation had been furnished by the Quartermaster's Department, or in a conveyance owned or chartered by the United States, or on any railroad over which the troops and supplies of the United States were entitled to be transported free of charge; the distance in each case was to be computed by the shortest usually traveled route. R. S. 1273 was repealed by the act of July 24, 1876, above cited. The act of Mar. 3, 1883 (22 Stat. 456), contained the requirement that mileage should be computed over the shortest usually traveled routes between the points named in the order and that the necessity for travel should be certified to, in each case, in the order directing the journey. The act of June 30, 1886 (24 Stat. 95), fixed the rate of mileage at 4 cents per mile, and, in addition thereto, the cost of transportation actually paid, exclusive of sleeping and parlor car fares. The act of Feb. 9, 1887 (24 Stat. 396), contains the following provision: "That in disbursing this amount the maximum sum to be allowed and paid to an officer shall be 4 cents per mile, distance to be computed over the shortest usually traveled routes, and, in addition thereto, upon the officer's certificate that it was not practicable to obtain transportation from the Quartermaster's Department the cost of the transportation actually paid by the officer over said route or routes, exclusive of sleeping or parlor car fare and transfers: And provided further, That when any officer so traveling shall travel in whole or in part on any railroads on which the troops and supplies of the United States are entitled to be transported free of charge he shall be allowed for himself only 4 cents per mile as a subsistence fund for every mile necessarily traveled over any such last-named railroad. All the money hereinbefore appropriated except the appropriation for mileage to officers when traveling on duty without troops when authorized by law shall be disbursed and accounted for by the Pay Department as pay of the Army, and for that purpose shall constitute one fund," which was repeated in the acts of Sept. 22, 1888 (25 Stat. 483), Mar. 2, 1889 (25 Stat. 827), June 13, 1890 (26 Stat. 151), Feb. 24, 1891 (26 Stat. 773), July 14, 1892 (27 Stat. 177), and Feb. 27, 1893. The acts of Feb. 12, 1895 (28 Stat. 657), and Mar, 16, 1896 (29 id., 60), contain the same requirements. The act of Mar. 2, 1897 (29 id., 612, 614), provided that actual transportation should be furnished by the Quartermaster's Department to officers traveling under orders, and that mileage only should be paid by the Pay Department. The act of Mar. 15, 1898 (30 Stat. 318), contained the requirement that "the maximum sum to be allowed and paid to any officer of the Army shall be 7 cents per mile, distances to be computed by the shortest usually traveled route." By the act of Mar. 3, 1899 (30 Stat. 1068), the foregoing requirement was made permanent. The act of Mar. 15, 1898, also contained the proviso that "officers who, by reason of the decision of the accounting officers of the Treasury, have been compelled to pay from their own means one-half of the cost of their travel fare over railroads known as fifty per centum railroads shall be reimbursed the same by the Pay Department, and paymasters against whom disallowances have been made by the accounting officers of the Treasury, under such decision, shall have the amount so disallowed passed to their credit." and from and after the 1781. Certificate of necessity for travel.passage of this act mileage of officers of the Army shall be computed over the shortest usually traveled routes between the points named in the order, and the necessity for such travel in the military service shall be certified to by the officer Issuing the order and stated in said order. ** * 1883 (22 Stat. 456), making appropriations for the support of the Army. 1782. Travel order must specify duty.- * and all orders involving the payment of mileage shall state the special duty enjoined. Act of Aug. 6, 1894 (28 Stat. 237), making appropriations for the support of the Army. 1783. Travel by officers over bond-aided roads.* * And provided further, That when the established route of travel shall, in whole or in part, be over the line of any railroad on which the troops and supplies of the United States are entitled to be transported free of charge, or over any fifty per centum land-grant railroad, officers traveling as herein provided for shall, for the travel over such roads, be furnished with transportation requests, exclusive of sleeping and parlor car accommodations, by the Quartermaster's Department: And prorided further, That when transportation is furnished by the Quartermaster's Department, or when the established route of travel is over any of the railroads above specified, there shall be deducted from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for which transportation has been or should have been furnished: * Act of June 12, 1906 (34 Stat. 246), making appropriations for the support of the Army. 1784. Mileage of officers of the Corps of Engineers.—That in determining the mileage of officers of the corps of engineers traveling without troops on duty connected with works under their charge, no deduction shall be made for such travel as may be necessary on free or bond-aided or land-grant railways. Sec. 15. act of Sept. 19, 1890 (26 Stat. 456). * * 1785. Mileage of graduated cadets from their homes to their first stations.Provided further, That hereafter a graduate of the Military Academy shall receive mileage as authorized by law for officers of the Army from his houre to the station which he first joins for duty; Act of Aug. 9, 1912 (37 Stat. 252). * * 1786. Mileage where the station of an officer is changed while on leave of absence.And provided further, That when the station of an officer is changed while he is on leave of absence he will on joining the new station be entitled to mileage for the distance to the new station from the place where he received the order directing the change, provided the distance be no greater than from the old to the new station; but if the distance be greater he will be entitled to mileage for a distance equal to that from the old to the new station only: Act of June 12, 1906 (34 Stat. 247), making appropriations for the support of the Army. 1787. Travel of officers on inspections and investigations.And hereafter no portion of the appropriation for mileage to officers traveling on duty without troops shall be expended for inspections or investigations, except such as are especially ordered by the Secretary of War, or such as are made by army and department commanders in visiting their commands, and those made by Inspector-Generai's Department in pursuance of law, army regulations or orders issued by the Secretary of War or the Commanding General of the Army; Act of Aug. 6, 1894 (28 Stat. 237), making appropriations for the support of the Army. * Notes of Decisions. Mileage. Mileage is a form of reim bursement, and " public business " is the 146345°-21-VOL 2- -5 foundation on which it rests. Perrimond v. U. S., 19 Ct. Cls. 509. 989 Allowances for travel and subsistence are payable to officers and agents of the United States only when they are em. ployed at other places than their places of residence. Test v. U. S., id. 357. In fact, mileage is merely a commutation for traveling expenses. U. S. V. Smith, 158 U. S., 350. It is not necessary that an order to travel should specifically designate places and routes. It may leave them to the dis cretion of the officer, and the subsequent approval of the department will be con clusive upon the accounting officers. Billings v. U. S., 23 Ct. Cls. 166. If public business was an element in an officer's circuity of route, he is entitled to mileage therefor; if it was not, the Government is not answerable for the increased distance. Du Bose v. U. S., 19 Ct. Cls. 514. Where the route is left to the discretion of the officer, his mileage should be calculated by the shortest usually traveled route, unless some good reason be showD for deviation. Crosby v. U. S., 22 Ct. Cls. 13, 2 Comp. Dec. 544. An officer ordered home, at his own request, to await orders, is entitled to mile age from his post to his home, such a journey constituting travel under orders. Williamson v. U. S., 23 Wall. 411; Phisterer v. U. S., 12 Ct. Cls. 98, and 94 U. S., 219. Where an officer who has received but has not yet taken advantage of a leave of absence is ordered to convey prisoners to another post his leave is to that extent suspended, and he is entitled to mileage. Andrews v. U. S., 15 Ct. Cls. 264. an The Army Regulations provide that the expiration of officer's leave of abHIS sence must find him at his station. station means his permanent station, not a place to which he was temporarily or dered and at which he accepted his leave of absence. Andrews . U. S., 15 Ct. Cls. 264. An officer's proper station can not be changed by his being ordered to perform a temporary duty while on leave of ab sence. (Id.) If an officer on leave of absence be or dered to temporary duty at the place where he may happen to be, and be be kept there until after his leave of ab sence expires and then be ordered to his proper station, he will not be entitled to mileage. Barr v. U. S., 14 Ct. Cls. 272. 1788. Travel of officers of the Corps of Engineers.-In their execution and inspection of river and harbor improvement work, at points beyond easy reach of ordinary regular transportation lines, Engineer officers are authorized to hire and use such transportation as they may consider desirable and advantageous to the progress of work. Sec. 9, act of July 25, 1912 (37 Stat. 233), making appropriations for works on rivers and harbors. 1789. Travel of inspectors and instructors of the National Guard.-For travel of Federal officers and noncommissioned officers making inspections, $30 462. For travel of Federal officers and noncommissioned officers changing stations, $6,092. For travel of Federal officers and noncommissioned officers on visits of instruction, $30,462. For travel of Federal officers and noncommissioned officers connected with camps of instruction, $46,013. Act of June 5, 1920 (41 Stat. 972), making appropriations for the support of the Army: National Guard. Similar appropriations have been made in previous appropriation acts. 1790. Journeys of officers for instruction. for travel expenses of officers on journeys approved by the Secretary of War and made for the purpose of instruction, Provided, That the traveling expenses herein * ** * # provided for shall be in lieu of mileage and other allowances; Act of June 5, 1920 (41 Stat. 969), making appropriations for the support of the Army: Engineer School, Similar provision appears in previous appropriation acts. 1791. Travel by chaplains.— * When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quartermaster's Department. Sec. 12, act of Feb. 2, 1901 (31 Stat. 750). 1792. Travel of officers detailed with the Bureau of Lighthouses.-That hereafter officers of the Army and Navy detailed for service in connection with the Light-House Establishment shall be paid their actual traveling expenses when traveling under orders on official duty to and from points which can not be conveniently reached by vessel or railroad. Sec. 6, act of Feb. 26, 1907 (34 Stat. 997). This section was part of an act to authorize additional aids to navigation in the Lighthouse Establishment. Other sections of said act, being temporary merely in their nature, are omitted. A general limitation on subsistence allowances, or money in lieu thereof, was made by 79, ante. 1793. Travel on Ordnance duty.-Provided further, That mileage to officers of the Ordnance Department traveling on duty in connection with that department shall be paid from the appropriation for the work in connection with which the travel is performed. Act of May 12, 1917 (40 Stat. 65). 1784. Travel by officers in connection with aviation.-That hereafter mileage to officers of the Army traveling on duty in connection with aviation shall be aid from the appropriation for the work in connection with which the travel is performed. Act of July 9, 1918 (40 Stat. 849). * * A similar provision appeared in act of May 12, 1917 (4 Stat. 43). 1795. Travel by air.Provided further, That hereafter actual and necessary expenses only, not to exceed $8 per day, shall be paid to officers of the Army and contract surgeons when traveling by air on duty without troops, under competent orders: Act of July 11, 1919 (41 Stat. 109). 1796. Travel allowances of discharged officers.* Provided also, That hereafter when an officer shall be discharged from the service, except by way of punishment for an offense, he shall receive for travel allowances from the place of his discharge to the place of his residence at the time of his appointment or to the place of his original muster into the service four cents per mile; Provided further, That any officer or enlisted man in the service of the United States who was discharged in the Philippine Islands and there reentered the service through commission or enlistment shall, when discharged, except by way of punishment for an offense, receive for travel allowances from the place of his discharge to the place in the United States of his last preceding appointment or enlistment, or to his home if he was appointed or enlisted at a place other than his home, four cents per mile: Provided further, That for sea travel on discharge actual expenses only shall be paid to officers Act of March 2, 1901 (31 Stat. 903), making appropriations for the support of the Army. for payment of travel pay to officers of the National Guard on their discharge from the service of the United States, as prescribed in the Act approved March 2, 1901; Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army: Transportation of the Army. * The above provisions superseded those of R. S. 1289, 1290, for allowances to officers and to enlisted men, on discharge, of transportation and subsistence, or of travel pay and commutation of subsistence, and further provisions relating thereto of act of Mar. 16, 1896 (29 Stat. 63), act of June 7, 1900 (31 Stat. 708), and act of Feb. 8, 1901 (31 Stat. 762). The provision as to discharged enlisted men has been superseded by post, 1802. Similar provisions appear in previous appropriation acts. Notes of Decisions. Nature of travel allowance.-Traveling against the contingency of a discharge expenses are of the nature of indemnity at another place than that of enlistment. An officer provisionally appointed by the War Department, the appointment in terms subject to the action of an examining board, is not in military serv ice, even though assigned to military duty, so as to entitle him to mileage when discharged on being rejected by the board. Greer v. U. S. (1867), 3 Ct. Cl. 182. Change in law. It is within the power of Congress to change the law allowing indemnity or commutation to officers on their discharge for traveling expenses; and an officer so paid has no legal or equitable claim for a larger amount than that allowed by the law at the time of his discharge. Gulick v. U. S. (1908), 43 Ct. Cl. 306. Discharge from service. Where at а time when an officer was discharged the Government furnished transportation to thousands of discharged soldiers over private lines, and money was not furnished to discharged officers or men, the burden of proof on the question of whether transportation was or was not furnished rests upon the plaintiff. Hammond v. U. S. (1914), 49 Ct. Cl. 217. Satisfactory evidence should be furnished to remove the presumption that the Government, at the time of the discharge of officers or men from the military serv ice, had complied with the law in the matter of furnishing transportation whensoever proper. Id. Where an officer or a soldier is discharged at his own request, and for nis own pleasure and convenience, the settled practice of the War Department and the Treasury Department is to deny the payment of travel pay and allowances. Brodgen v. U. S. (1908), 43 Ct. Cl. 566. Discharge in Philippines.-The provision relating to soldiers discharged in the Philippine Islands held not to extend to a 1797. Travel by sea. * Id.; soldier permitted to leave the service to enter business before the discharge of bis regiment, or before its return to the United States, where the discharge was for his own benefit. Brodgen v. U. S. (1908) 43 Ct. Cl. 566. An Army officer is not discharged from service by his retirement. U. S. v. Gillmore (C. C. 1911), 189 Fed. 761. Resignation from service. It is doubtful whether a volunteer officer, who resigns before the expiration of his term of enlistment, is entitled to transportation or mileage. Price v. U. S. (1868), 4 Ct. CI. 164. And see U. S. v. Sweet (1903), 23 Sup. Ct. 638, 639, 189 U. S. 471, 47 L. Ed. 907, wherein it was held that the settled practice of the War Department to deny an officer discharged at his own request the travel pay and commutation of subsistence from the place of discharge to the place of reenlistment allowable under this section is not so clearly erroneous as to justify the courts in construing such provision as including a discharge on resignation. U. S. v. Sweet (1903), 23 Sup. Ct. 638, 639, 189 U. S. 471, 47 L. Ed. 907. Reappointment to service. This section does not extend to an officer who immediately reenters the service under a new appointment. Hull v. U. S. (1903), 38 Ct. Cl. 407. Residence. The residence of an officer may be the place where be became qualified to discharge the duties of his office. Sells v. U. S. (1901), 36 Ct. Cl. 94. Transportation in kind.-A discharged officer, seeking to recover travel pay and allowances upon his discharge, must produce some evidence to remove the presumption that he was furnished with transportation in kind at the time of his discharge. Sanderson v. U. S. (1906), 41 Ct. Cl. 230. Muster into service.-The phrase "or to the place of his original muster into the service," applies properly to officers of National Guard organizations. The words And provided further, That for all sea travel actual expenses only shall be paid to officers, contract surgeons, contract dental surgeons, and veterinarians, to paymasters' clerks, and to the expert accountant of the Inspector-General's Department, when traveling on duty under competent orders, with or without troops, and the amount so paid shall not include any shore expenses at port of embarkation or debarkation; but for the purpose of determining allowances for all travel under orders, or for officers and enlisted men on discharge, travel in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and between the United States and Alaska shall not be regarded as sea travel and shall be paid for at the rates established |