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Daniel Le May has served as veterinary surgeon of the 7th L. S. Cavalry for cleven years, nine months, and nineteen days, and as veterinary surgeon in the lst L'. S. Cavalry for five months and one day. Be is, therefore, serving in his thiri

five years.

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If they are entitled to count time of service as veterinary surgeons and as veterinarians, they would appear to be entitled to the same percentage of increased pay.

Veterinary surgeous and veterinarians are a part of the Army of the Coited States, made so by the various acts providing for their appointment.

(See sec. 1102, R. S.; sec. 2, act of March 2, 1899; 30 Stat., 977; and act of February 2, 1901,31 Stat., 748.)

Their service is therefore actual service in the Army, although not as an officer or enlisted man, and if they are entitled to longevity pay such service may le counted in computing it. United States r. Morton (112 U.S.,1,7).

In the case of Gerald E. Griffin, a veterinarian who was entitled under the act of March 2, 1899 (30 Stat., 977, 978), to "the pay and allowance of a second lieutenant of cavalry," it was held that "he" (was) "cutitled to take credift for prior service as an enlisted man in the Army “in computing his pay.” (7 Comp. Dec., 201) The only question considered in this decision was the right to count service as an enlisted man, as that was the only prior service shown, but upon the principle of the decision in the case of United States r. Morton, supra, he is entitled to count service as a veterinary surgeon or as a veterinarian also.

The act of February 2, 1901, snpra, abolished the grade of veterivariaus of the secoud class, and gave each of the veterinarians provided for the pay and allowances of a second lieutenant, mounted.

Both of the veterinarians, on the facts stated, are serving in their thiri fise years' service, and unless they have had prior service that should also be counted, they are entitled to the same percentage of increased pay, riz, the pay of a secoad lieutenant, mounted, in the third five years of his service.

The act of March 2, 1899 (30 Stat., 977), is the first act that provides that a reterinarian of the first class shall have the pay and allowances of a second lieutenant of cavalry, and as Gerald E. Grifhin wus a veterinarian of the first class from the date of the passage of this act, his increased pay begins at that date,

The act of February 2, 1901 (31 Stat., 753), changed the pay and allowances of
Veterinarian Daniel Le May to that of a second lieutenant, mounted, and he is
entitled to the increased pay from this date.
The inclosures are herewith returned.
Respectfully,

R. J. TRACEWELL,

Comparoller.
BY COMMAND OF LIEUTENANT GENERAL MILES:

THOMAS WARD,
Acting Adjutant General.

CIRCULAR, ) HEADQUARTERS OF THE ARMY,

ADJUTANT GENERAL'S OFFICE, No. 30.

Washington, August 29, 1901. The following decision of the Secretary of War is published to the Army for the information and guidance of all concerned:

Veterinarians are not competent to sit as members of courtsmartial or perform any of the duties which are expressly required by law to be performed by commissioned officers. As their status is assimilated to that of commissioned officers, however, they are eligible for detail as members of boards of survey, or councils of administration, and may when no commissioned officer is available serve as exchange officers or post treasurers, and may witness payments to enlisted men.[Decision Sec. War, Aug. 27, 1901—386704 A. G. 0.] BY COMMAND OF LIEUTENANT GENERAL MILES:

THOMAS WARD, Acting Adjutant General.

CIRCULAR, HEADQUARTERS OF THE ARMY,

ADJUTANT GENERAL'S OFFICE, No. 31.

Washington, August 31, 1901 By direction of the Acting Secretary of War, the following decision of the Judge Advocate General of the Army, dated August 22, 1901, and approved by the Acting Secretary of War on August 23, 1901, is published to the Army for the information and guidance of all concerned:

Purchases after less than ten days' notice no longer fall within the description of "emergency purchases" as that terın is used in the act of March 2, 1901, and as such need not be entered in the report required to be submitted to the Secretary of War by paragraph 648 of the Army Regulations of 1901.

BY COMMAND OF LIEUTENANT GENERAL MILES:

THOMAS WARD, Acting Adjutant General.

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