No. 34. ADJUTANT GENERAL'S OFFICE, Washington, September 23, 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: A subordinate officer in the Philippine Islands is not entitled to the pay appropriate to a higher command unless he exercises such command under orders issued by his superior officer and afterwards approved by the commanding general in the field. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY, The Honorable, the SECRETARY OF WAR. Washington, July 29, 1901. SIR: By your reference and indorsement dated the 13th instant. I am in receipt of a letter from Lieutenant Colonel G. W. Baird, chief disbursing officer, Paymaster General's Office, as follows: I have the honor to state that Special Orders, No. 118, paragraph 1, Headquarters, Division of the Philippines, Manila, Philippine Islands, May 7, 1901, confirms, for the purpose of increased pay. the assignments to commands above those pertaining to their respective grades, of various officers named. In most of these cases the assignments were by orders issued before the exercise of the command, and emanating from department headquarters or regimental headquarters. It will be seen, from the order inclosed, that the confirmation by the commanding general, Division of the Philippines (dated May, 1901), was probably made on the receipt of decision No. 118, Paymaster General's Circular, No. 254, made by your office on February 27, 1901, overruling decision No. 13. Paymaster General's Circular, No. 179, March 31, 1899. Attention is invited to the fact that the command, in several instances, was exercised continuously, beginning several months before the date of the order cited (Special Orders, No. 118, Headquarters, Division of the Philippines). I respectfully ask if Special Orders, No. 118, inclosed, is, in the view of your office, a competent order as contemplated in decision No. 118, Circular, No. 254, Paymaster General's Office, and carries with it the pay of the command exercised, provided such command was exercised for a period not less than three months. Special Orders, No. 118, issued May 7, 1901, at the Headquarters, Division of the Philippines, is as follows: (Extract.) The assignments of the following-named officers to commands above those pertaining to their respective grades are confirmed, for the purpose of increased pay from the dates given. Following the above language, said Order 118 contains the number of special orders, from what headquarters issued, names, rank, command exercised, from what date, of 126 officers. This order was issued by command of Major General MacArthur. Most of the officers named in the order appear to have been originally assigned to higher commands in orders issued from their respective regimental headquarters, and it further appears that the assignments of nearly all the officers were subsequent to May 26, 1900. Section 7, act of April 26, 1898 (30 Stat., 365), is as follows: That in time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade, shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised: Provided, that a rate of pay exceeding that of a brigadier general shall not be paid in any case by reason of such assignment. The act making appropriation for the support of the Regular and Volunteer Army for the fiscal year 1901 (31 Stat., 211), approved May 26, 1900, contains the following provision: For additional pay for increased rank when in command by competent authority, fifty thousand dollars: Provided. That no part of this sum shall be used for pay of officers assigned to higher command than their rank in the Army, unless such service shall be continuous for a period of not less than three months. My decision is requested as to whether Special Orders. No. 118, in view of the facts stated by Colonel Baird, is such an order as will give to officers therein named the pay of the grades pertaining to the commands exercised by them. Confining myself solely to the facts stated by Colonel Baird and said orders, I am of opinion that If a subordinate officer serving in the Philippine Islands exercised a command above that pertaining to his grade prior to June 30, 1900, under assignment in orders issued by his superior officer and such order was such that the subordinate officer was bound to obey and such assignment in orders was afterwards approved by the commanding general in the Philippine Islands, the subordinate officer so exercising such higher command under such orders would be entitled to the pay and allowances of the grade appropriate to the command so exercised, regardless of whether he exercised such higher command for a period of three months or not. If a subordinate officer serving in the Philippine Islands exercised a command above that pertaining to his grade after June 30, 1900, under assignment in orders issued by his superior officer and such order was such that the subordinate officer was bound to obey and such assignment in orders was afterwards approved by the commanding general in the Philippine Islands, the subordinate officer so exercising such higher command under such orders would be entitled by said act of May 26 to the pay and allowances of the grade appropriate to the command so exercised, providing such officer exercised such higher command for a continuous period of not less than three months; otherwise such officer would not be entitled to such higher pay. If a subordinate officer serving in the Philippine Islands exercised a command above that pertaining to his grade by virtue of his being the senior officer present on duty and not under assignment in orders issued by his superior officer and which was afterwards approved by the commanding general in the field he would not be entitled, for exercising such higher command under such circumstances, to the pay appropriate to the grade of the command so exercised. Respectfully, L. P. MITCHELL, BY COMMAND OF LIEUTENANT GENERAL MILES: THOMAS WARD, Acting Adjutant General. No. 35. ADJUTANT GENERAL'S OFFICE. Washington, October 7, 1901. I..The following decision has been made and is published to the Army for the information and guidance of all concerned: ADJUTANT GENERAL OF A DEPARTMENT-TITLE OF DETAILED LINE OFFICER.-An officer of the line detailed as assistant adjutant general under the act of Congress approved February 2, 1901, and assigned to duty as adjutant general of a geographical department, should in signing orders and communications use the title "Major of Cavalry (Artillery or Infantry), Adjutant General," the title of the office to which he is assigned under paragraph 214 of the Regulations being adjutant general and not assistant adjutant general.-[General Decision, Sept. 30, 1901-398775 A. G. O.] II. By direction of the Acting Secretary of War, and in order to promote efficiency in the vaccination of recruits, the following directions will be observed by medical examiners in carrying into effect the requirements of paragraph 942 of the Regulations of 1901: 1. Sterilize the area to be vaccinated-usually the outer aspect of the left arm at or near the insertion of the deltoidby thoroughly scrubbing with soap and water, using a scrub brush and following with alcohol. The skin should be permitted to dry by evaporation. 2. Scarify the arm within the sterile area at three points not less than an inch from one another. This should be done with a sterile needle or lancet by making several fine parallel scratches and cross scratches. These should be only deep enough to slightly redden the surface. 3. Apply the lymph from tube or point, spread it over the scarified surface with a suitable sterile instrument, allow to dry, and then cover with sterile protective dressing. BY COMMAND OF LIEUTENANT GENERAL MILES: H. C. CORBIN, Adjutant Genera! Major General, U. S. Army. CIRCULAR, No. 36. HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S Office, Washington, October 16, 1901. By direction of the Acting Secretary of War, the accompanying list, showing surety companies which have qualified to do business in the State in which incorporated, showing also the United States judicial districts in other States and Territories in which each has complied with section 2, act of August 13, 1894, and paragraph 656 of the Regulations of 1901, to present date, is published for the information of all concerned. BY COMMAND OF LIEUTENANT GENERAL MILES: H. C. CORBIN, Adjutant General, Major General, U. S. Army. |