CIRCULAR, No. 19. HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, Washington, June 6, 1901. By direction of the Secretary of War, Circular, No. 15, April 27, 1901, from this office, is amended to read as follows: INCREASED PAY OF GUNNERS. First and second-class gunners of the Artillery Corps are held to be entitled to the increase of pay granted by the act of Congress approved February 2, 1901, from the date of the report of the board of examination announcing the names of the successful competitors, and which date will in each case be recited in the order issued by the department commander under the requirements of section 7, Article IV, of General Orders, No. 36, March 19, 1901, from this office, but gunners who qualified prior to February 2, 1901, are only entitled to increased pay as such from that date.-[Decision Sec. War, June 3, 1901-378633 A. G. O.] BY COMMAND OF LIEUTENANT GENERAL MILES: H. C. CORBIN, Adjutant General, Major General, U. S. Army. No. 21. ADJUTANT GENERAL'S OFFICE, Washington, June 28, 1901 I--By direction of the Secretary of War, the following is published to the Army for the information and guidance of all concerned: 1. Under the provisions of the act of Congress approved March 2, 1901, amending the act entitled "An act to provide ways and means to meet war expenditures, and for other purposes," the following-named papers are the only ones pertaining to the Quartermaster's Department that will require documentary revenue stamps on and after July 1, 1901: (a) Official bond, 50 cents. (b) Bill of lading (except for "a local or other express business")-on each bill of lading and on each duplicate thereof, 1 cent. (c) Conveyance-on each deed or other written conveyance when the consideration or value exceeds $2,500 and does not exceed $3,000, 25 cents; and for each additional $500 or fractional part thereof in excess of $3,000, 25 cents. 2. The following described papers of the Quartermaster's Department will not require documentary revenue stamps on and after June 30, 1901: (a) Contractor's bond (including guaranties to bids). (b) Bonds and guaranties—the additional stamps to cover tax on premium charged by a fidelity, guaranty, or surety company when acting as surety or guarantor. (c) Lease. (d) Charter party. (e) Certificate required by law. (f) Power of attorney. II. The attention of the Secretary of War has been called to several instances where artillery troops have attempted to change the effect of throttling oil in the hydraulic cylinders of seacoast gun carriages by loosening or tightening the throttling-bar bolts passing through the walls of the cylinders, and he directs that this dangerous practice be discontinued in future, and that officers in charge of seacoast carriages be required to see that all bolts passing into hydraulic cylinders are kept tight at all times. BY COMMAND OF LIEUTENANT GENERAL MILES: THOMAS WARD, Acting Adjutant General. No. 22. ADJUTANT GENERAL'S OFFICE. Washington, July 2. 1901. By direction of the Secretary of War, the following decision of the Comptroller of the Treasury is published to the Army for the information and guidance of all concerned: Veterinarians authorized under act February 2, 1901 Leave status same as officers of the Army to whom their pay and allowances are assimilated since date of said act Leare prior to act need not be considered in computing deductions. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY, Lieut. Col. G. W. BAIRD, through office of Pavmaster General, U.S. Army SIR: I am in receipt of your letter of April 25, 1901, requesting a decision on certain questions as to the right of John B. Gilpin, veterinarian, 6th U. S. Cavalry, to pay while on leave of absence on his pay account for March and April, 1901, presented to you for payment. It appears that said Gupin was appointed veterinary surgeon, 6th U.S. Cavalry, June 20, 1898, accepted appointment June 24, 1898, and served as sneh until August 3, 1829, when he accepted an appointment as veteri narian, second class, same regiment. He served in that capacity until February 2, 1901, when the grade of veterinarian, second class, was abolished by act of Congress, and since which date he served as veterinarian under the provisions of that act up to April 30, 1901, on which date he was discharged on tender of resignation. He has had the following leaves of absence during his service: From March 31 to April 30, 1899; from December 31, 1899, to February 28, 1900, and from March 14 to April 30, 1901. The following questions are submitted for decision: 1. Whether the entire service of Veterinarian Gilpin is to be counted in estimating his claim for full pay while on his present leave, and if not the entire period of service, what period? 2. Whether all the leave hitherto enjoyed by him is to be deducted from whatever period of leave on full pay he is entitled to? 3. For what period is he entitled to leave on full pay and for what period on half pay on his present leave? The act of March 3, 1863 (12 Stat., 737), provided each regiment shall have one veterinary surgeon, with the rank of a regimental sergeant major, whose compensation shall be seventyfive dollars per month. The status and compensation of veterinary surgeons remained as fixed by that act until March 2, 1899. In a decision of the Second Comptroller dated May 25, 1880 (vol. 42, p. 652), it was held In the absence of regulations upon the subject it is the opinion of this of fice that a veterinary surgeon, while on leave, is entitled to full pay, unless the leave has been granted upon condition that it should be without pay or with less than the full amount of pay. The pay of veterinary surgeons being fixed by statute, it would seem that, so long as a person is a veteri nary surgeon, his pay can not be withheld, in whole or in part, whether he actually performs service or not, unless because of his consent, or because it is forfeited, diminished or lost in consequence of some provision of law or regulation made in pursuance of law. This decision appears to be well founded and has been uniformly followed by the Pay Department and the accounting officers. |