Compilation of Laws Relating to the Quartermaster Corps

80. To be held as finally determined-Any claim which shall be presented and acted on under authority of this act shall be held as finally determined and shall never thereafter be reopened or considered: And provided further. That this act shall not apply to losses sustained in time of war or hostilities with Indians.-Ibid.

81. Liability limited to certain articles.-The liability of the Government under this act shall be limited to such articles of personal property as the Secretary of War, in his discretion, shall decide to be reasonably useful, necessary, and proper for such officer or soldier while in quarters, engaged in the public service in the line of duty.—Ibid.

82. To be presented within two years.--All claims now existing shall be presented within two years and not after from the passage of this act, and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction.--Ibid.

83. Loss or damage to regulation allowance of baggage. The provisions of the act of March third, eighteen hundred and eighty-five (Twenty-third Statute, page three hundred and fifty), entitled "An act to provide for the settlement of the claims of officers and enlisted men of the Army for loss of private property destroyed in the military service of the United States," shall hereafter extend to cover loss of or damage to the regulation allowance of baggage of officers and enlisted men sustained in shipment under orders, to the extent of such loss or damage over and above the amount recoverable from the carrier furnishing the transportation.-Act of Mar. 4, 1915 (38 Stat., 1077).

84. No deduction for attorneys' fees.-In the settlement of claims of officers, soldiers, sailors and marines, or their representatives, and all other claims for pay and allowances within the jurisdiction of the Auditor for the War Department or the Auditor for the Navy Department, presented and filed hereafter in which it is the present practice to make deductions of attorney's fees from the amount found due, no deductions of fees for attorneys or agents shall hereafter be made, but the draft, check, or warrant for the full amount found due shall be delivered to the payee in person or sent to his bona fide post-office address (residence or place of business).—Act of June 6, 1900 (31 Stat., 637).

85. Settled claims not to be reopened.-Nothing in this act shall be construed to authorize the reexamination and payment of any claim or account which has heretofore been disallowed or settled.-Sec. 23, act of July 31, 1894 (28 Stat., 211).

86. Revision of; when permissible.-Any person accepting payment under a settlement by an auditor shall be thereby precluded from obtaining a revision of such settlement as to any items upon which payment is accepted; * any person whose accounts may have been settled may, within a year, obtain a revision of the said account by the Comptroller of the Treasury, whose decision upon such revision shall be final and conclusive upon the executive branch of the Government.-Scc. 8, act of July 31, 1894 (28 Stat., 208).

87. Repayment to certain States for expenses incurred in equipping volunteers. The Secretary of the Treasury is hereby directed, out of any money in 49302-18- -2

the Treasury not otherwise appropriated, to pay to the governor of any State or Territory, or to his duly authorized agents, the reasonable costs, charges, and expenses that have been incurred by 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.-Act of July 8, 1898 (30 Stat., 730).

88. Interest not to be refunded.-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.—Ibid.

89. Reimbursement of States for expenses incurred in equipping volunteers.— That the act entitled "An act to reimburse the governors of States and Territories for expenses incurred 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-eight.-Act of Mar. 3, 1899 (30 Stat., 1856).

90. No reimbursement for members of militia, etc., not accepted as of same grade; compensation.-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.—Ibid.

91. Rates of pay allowed.-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 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.

92. Transportation to State rendezvous; no reimbursement for men not presenting themselves or afterwards rejected.-Under the appropriation made by said act the Secretary of the Treasury is hereby authorized to reimburse 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.

93. Subsistence allowed, when.-Nothing in said act of July eighth, eighteen hundred 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 ninety-eight: Provided, That such organizations shall afterwards have been accepted into the Volunteer Army of the United States.-Sec. 3, ibid.

94. Unsettled accounts, expenses, etc.-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 Treasury be, and he is hereby, authorized and directed to institute any act or proceeding which he may consider advisable 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.

95. Payment of accounts for transportation of troops, etc.-That the Secretary of the Treasury be, and is hereby, 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. 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.

96. To be itemized; limit of time for presenting.-All claims for reimbursement under this act or the act of July eighth, eighteen hundred and ninetyeight, shall be presented in itemized form to the Treasury Department on or before January first, nineteen hundred and two, or be forever barred.— Sec. 6, ibid.

NOTES.-1. Upon the question of compromise of claims against the United States, where adjustment is before executive officials, see cases of Sweeney v. U. S., 17 Wall., 75, 77; Mason v. U. S., id., 67.

2. The filing of claims under authority of several of the acts of Congress are now barred by time limitation. Under sections 300A and 300B, Revised Statutes, the Quartermaster General and Commissary General were authorized to pass upon the merits of certain claims of loyal citizens for property furnished to the Army during the War of the Rebellion. This jurisdiction was withdrawn by the acts of March 3, 1883 (22 Stat., 457 and 485). Sections 3482 to 3487, Revised Statutes, provided for the reimbursement of officers and men for horses and other private property lost in the military service.

The scope was changed by several subsequent acts, and finally became inoperative as to general claims on August 13, 1889, and as to horses lost during the rebellion on August 13, 1891. The time for filing claims under the act of June 6, 1900, with reference to private property taken and used in the military service within the limits of the United States during the Spanish War, was limited to January 1, 1901. By section 3489, Revised Statutes, it is provided that no claims against the United States for collecting, drilling, or organizing volunteers for the War of the Rebellion shall be paid undess presented before June 30, 1874, nor for horses lost prior to January 1, 1872, unless presented before June 30, 1874. Under the act of February 27, 1902, the Quartermaster General was authorized to investigate claims for horses, etc., taken from Confederates in violation of the terms of surrender, but the limitation of time for filing such claims as finally extended by the joint resolution of June 25, 1910 (36 Stat., 883), was June 25, 1912.

97. Damages or loss of private property due to target practice, etc.-For payment of claims for damages to and loss of private property incident to the training, practice, and operations of the Army that have accrued, or may hereafter accrue, from time to time, to be immediately available and to remain available until expended: Provided, That settlement of such claims shall be made by the Auditor for the War Department, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages. --Act of Aug. 29, 1916 (39 Stat., 639). (See annual appropriation acts.)

98. Duplicate certificate of discharge not accepted as a voucher in settlement of claims.--Whenever satisfactory proof shall be furnished to the War Department that any officer or enlisted man who has been or shall hereafter be honorably discharged from the military service of the United States has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish to such officer or enlisted man, or to the widow of such officer or enlisted man, a certificate of such discharge, to be indelibly marked, so that it may be known as a certificate in lieu of a lost or destroyed discharge: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case.-Act of July 1, 1902 (32 Stat., 629).

2. The filing of claims under authority of several of the acts of Congress is now barred by time limitation. Under sections 300A and 300B, Revised Statutes, the Quartermaster General and Commissary General were authorized to pass upon the merits of certain claims of loyal citizens for property furnished to the Army during the War of the Rebellion. This jurisdiction was withdrawn by the acts of March 3, 1883 (22 Stat., 457 and 485). Sections 3482 to 3487, Revised Statutes, provided for the reimbursement of officers and men for horses and other private property lost in the military service. The scope was changed by several subsequent acts, and finally became inoperative as to general claims on August 13, 1889, and as to horses lost during the rebellion on August 13, 1891. The time for filing claims under the act of June 6, 1900, with reference to private property taken and used in the military service within the limits of the United States during the Spanish War, was limited to January 1, 1901. By section 3489, Revised Statutes, it is provided that no claims against the United States for collecting, drilling, or organizing volunteers for the War of the Rebellion shall be paid unless presented before June 30, 1874, nor for horses lost prior to January 1, 1872, unless presented before June 30, 1874. Under the act of February 27, 1902, the Quartermaster General was authorized to investigate claims for horses, etc., taken from Confederates in violation of the terms of surrender, but the limitation of time for filing such claims as finally extended by the joint resolution of June 25, 1910 (36 Stat., 883), was June 25, 1912.

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