mum pay of their grade with longevity increase, and not upon the minimum pay alone. (See also Irwin v. United States, 38 Ct. Cl., 87.) Following the decision of the Supreme Court, supra, and interpreting the words "pay proper" in accordance therewith, the claimant is entitled to have his 20 per cent increase of pay accruing during his third year of continuous service computed on his minimum pay with continuous-service increase instead of upon his minimum pay alone, as heretofore paid to him. Any decision of this office in conflict with the above views. is overruled. Upon a revision of the above account I find a difference in favor of claimant of one dollar and forty cents ($1.40), being 20 per cent of $1 per month from June 11, 1900, to January 10, 1901. This decision is supplemental to that of April 4, 1904, upon this appeal. FEES OF DEPUTY MARSHAL FOR ARRESTING AN INSANE PERSON IN THE INDIAN TERRITORY. The appropriation "Salaries, fees, and expenses, United States courts" is applicable to the payment of the fees of a deputy marshal in the Indian Territory for arresting an insane person on a capias issued by a United States court for the purpose of trying the issue of her sanity; but it is not applicable to the expenses of the deputy in "endeavoring" to make such arrest, as such expenses are only allowed when the person arrested is "charged with or convicted of a crime," and insanity is not such a crime. (Comptroller Tracewell to G. K. Pritchard, marshal, March 17, 1905.) I have received your letter of the 9th instant, as follows: "I have the honor to present to you herewith the account of Deputy H. E. Miller for services in arresting one Margaret Varmack, an insane person, on a capias issued out of the United States court for the purpose of trying the issue of her sanity as provided by laws of Arkansas. "Deputy Miller renders an account for fees, $5, and endeavoring, $1.50. I am in doubt as to whether the appropriation 'Salaries, fees, and expenses' is applicable for the payment of the expenses arising in this case. Under the act of April 28, 1904 (33 Stat., 539), providing for the care and support of insane persons in the Indian Territory, the appropriation under said act was placed exclusively under the control of the Secretary of the Interior. "I respectfully request an advance decision on this claim as to my authority to pay same out of appropriation *Salaries, fees, and expenses;' that if it be held that I am authorized to pay the fees arising under this arrest, then I ask you to pass on the expense endeavoring to arrest,' this being a specific allowance in the service of process calling for arrest of a person charged with crime, and as insanity can not be classed as a crime it would seem that this expense is not allowable.” The statute cited is as follows: "That the Secretary of the Interior is hereby authorized to make proper arrangements for the care and support of insane persons in the Indian Territory, and for that purpose the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, however, That insane Indians in said Territory shall be cared for at the asylum at Canton, Lincoln County, South Dakota." Chapter 82 of Mansfield's Digest of the Statutes of Arkansas, page 779, made applicable to the Indian Territory by the act of May 2, 1890 (26 Stat., 94), provides: "SEC. 3814. Insane persons found at large, and not in the care of some discreet person, shall be arrested by any peace officer and taken before a magistrate of the county, city, or town in which the arrest is made. "SEC. 3815. Such magistrate shall make such orders as may be necessary to keep him in restraint until he can be sent, by due process of law, to the lunatic asylum * * * The fact that a person is insane is one to be determined by competent authority, and until such determination it would seem to have been the intention of Congress, in the act of 1904, supra, to make the appropriation therein specified available only after the court shall have adjudged a person brought before it insane and ordered to be transported to a lunatic asylum. The expenses incident to an arrest on a capias, and production of such a person before the court for the purpose of determining the question of sanity or insanity, as contemplated by the statutes of Arkansas, are therefore properly chargeable as expenses of United States courts and payable from a judiciary appropriation. I am informed that the practice prevailing in the Interior Department is to provide for the payment of the transportation of insane persons, not Indians, after the judgment of the court is entered, to an asylum near St. Louis, Mo., out of the appropriation under the control of the Secretary of the Interior, and the instructions to inspectors and the accounts heretofore rendered by such inspectors comprehend only the care and support of insane persons in the Indian Territory from the date of their commitment to the lunatic asylum above mentioned, including their transportation thereto. You are therefore authorized to pay said deputy from the appropriation, salaries, fees, and expenses of marshals, his share of the fees earned by him in traveling to serve the capias in question and for the service thereof and in transporting the alleged insane person to the jail, but not for commitment thereto, unless authority therefor is contained in or indorsed on such capias. (See 2 Comp. Dec., 655.) The "expense endeavoring to arrest" is not allowable, because by paragraph 18, section 829 of the Revised Statutes, such expenses are allowed only where the person arrested is "charged with or convicted of a crime," and insanity is not a crime or offense against the United States. MILEAGE TO AN OFFICER OF THE ARMY RETURNING TO A NEW STATION WHILE ON LEAVE OF ABSENCE. Where the station of an officer of the Army is changed while he is absent on leave, and he is ordered to proceed to his new station at the expiration of his leave period, he is entitled to mileage from the place of the receipt by him of such order to his new station, instead of the excess only of the distance from the place of the receipt of such order to his new station over the distance between that place and his old station, as provided in paragraph 1483, Army Regulations of 1901. The decision in 7 Comp. Dec., 78, is overruled. (Decision by Assistant Comptroller Mitchell, March 18, 1905.) Harry O. Williard appealed April 21, 1904, from the action of the Auditor for the War Department in settlement dated April 7, 1904. He claimed mileage from Lewistown, Mont., to Manila, P. I., as captain Fifth U. S. Cavalry, for travel performed to his new station, on the expiration of his leave of absence, in September and October, 1902. The Auditor disallowed the claim, because "His station having been changed while he was on leave of absence, he is entitled to mileage for land travel and actual expenses for sea travel only, for the excess of distance from place of receipt of order to his new station over that to his old station. As the distance from Lewistown, Mont., to Fort Ethan Allen, Vt., is 1,064 miles farther than from Lewistown, Mont., to San Francisco, Cal., he is not entitled to any mileage; nor is he entitled to reimbursement of amount refunded as overpayment of actual expenses for sea travel for the above difference of 1,064 miles." Special Orders, No. 172, A. G. O., dated July 23, 1902, read: "By direction of the Secretary of War, the following assignments to regiments of officers recently promoted are announced: "H. O: Williard, from First Lieutenant, Second Cavalry, to captain; date of rank, July 8, 1902; assigned to Fifth Cavalry, Troop K. "Captain Williard, now on leave of absence, of which he availed himself at Fort Ethan Allen, Vt., will proceed upon the expiration of his present leave of absence to join his troop. 66 'The travel enjoined is necessary for the public service. "Adjutant-General, Major-General, U. S. Army.” Claimant received this order while on leave of absence at his home, at Lewistown, Mont., and at the expiration of said leave reported to the commanding general, Department of California, by whom he was directed to proceed to the Philippine Islands on the U. S. army transport Thomas. While stationed at Fort Ethan Allen, Vt., claimant was granted a four months' leave of absence, per Special Orders. No. 98, A. G. O., 1902, paragraph 6. He availed himself thereof and proceeded to his home at Lewistown, Mont. While there he received Special Orders, No. 172, supra, transferring him from the Second Cavalry to the Fifth Cavalry, and directing him at the expiration of his leave to join his troop. This he did, reporting from leave of absence to the commanding general, Department of California, by whom he was directed, per Special Orders, No. 211, Headquarters Department of California, dated September 20, 1902, to proceed to the Philippine Islands on the transport Thomas, and there report to the commanding general for assignment to duty. He left San Francisco on said transport October 1 and arrived in Manila October 31, 1902. He claims that he is entitled to mileage proper from Lewistown, Mont., to San Francisco, Cal., together with actual expenses paid by him while en route from San Francisco to Manila. The act of July 24, 1876 (19 Stat., 100), entitled "An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes, provides: "SEC. 2. That when any officer travels under orders, and is not furnished transportation by the Quartermaster's Department, or on a conveyance belonging to or chartered by the United States, or on any railroad on which the troops and supplies of the United States are entitled to be transported free of charge, he shall be allowed eight cents a mile, and no more, for each mile actually traveled under such order, distances to be calculated by the shortest usually traveled route;" * * * The act of March 2, 1901 (31 Stat., 901, 902), entitled"An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two," provides: * * * * * "For mileage to officers and contract surgeons, when authorized by law, *Provided, That hereafter officers so traveling 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 deductions as hereinafter provided; And provided 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" (railroads on which the troops and supplies of the United States are entitled to be transported free of charge, or over any of the bond-aided Pacific railroads, or over any fifty per centum land-grant railroad) there shall be deducted from the officer's mileage account by the paymaster paying the same three cents per mile for the distance for |