APPROPRIATIONS-Continued.

Lumber for shelving for Geological Survey. See GEOLOGICAL SURVEY,
shelving.

Medical attendance. See MEDICAL ATTENDANCE, employee.

Mileage in the Army. See ARMY, mileage.

Miscellaneous expenses, first and second class post-offices. See POST-
OFFICE DEPARTMENT, water.

Miscellaneous receipts. See EXCHANGE, profits.

Misdescription in act making specific appropriation.

When an appropriation is made for the payment of a stated
amount to a person therein named for specific services or
materials already furnished, the fact that the act contains a
misdescription of the services or materials furnished will no
warrant the withholding of payment of the amount appro-
priated. 719.

Pay, extra, in the Army. See ARMY, judgment.

Pay, miscellaneous, of the Navy. See infra, traveling.

Pay of special assistant attorneys. See DISTRICT ATTORNEYS, compensa-

tion.

Payment, fees of consular officers, for services to American whaling ves-
sels. See DIPLOMATIC AND CONSULAR SERVICE, fees.

Periodicals. See supra, annual.

Permanent, balance of, remaining unexpended after two years.

The provision in section 5 of the act of June 30, 1874, that all
unexpended balances of appropriations which shall have
remained upon the books of the Treasury for two fiscal years
shall be carried to the surplus fund and covered into the
Treasury, has no application to the permanent indefinite
appropriation created by section 3195, Revised Statutes, for
the repayment of moneys deposited in the Treasury as surplus
proceeds of the sale of property distrained for taxes. 400.
Permanent indefinite, for refundment of stamp taxes.

The appropriation made in section 2 of the act of June 27, 1902,

for the refundment of sums illegally assessed and collected for
stamps used on export bills of lading is a permanent indefi-
nite appropriation. 472.

Printing for Executive Departments. See PUBLIC PRINTING, printing.
Prisoner, transporting under warrant of extradition. See MARSHAL, fees.
Prizes for excellence in gunnery exercise in naval service. See MARINE
CORPS, prizes.

Reclamation Service. See PUBLIC PRINTING, printing.

Refundment of moneys erroneously covered into Treasury. See REFUND-

MENT, moneys.

Refundment of postage illegally collected. See POST-OFFICE DEPART-
MENT, postage.

APPROPRIATIONS-Continued.

Refundment of stamp taxes illegally collected. See supra, permanent.
Registration fee, payment of, on registered letters. See MARINE CORPS,
registered.

Repairs, as distinguished from new improvements. See supra, Govern-
ment, and GOVERNMENT PRinting Office, repairs.

Salaries, fees and expenses of marshals. See MARSHAL, fees.

Shelving and books for Geological Survey. See GEOLOGICAL SURVEY,
shelving.

Signs for protecting public building sites. See PUBLIC BUILDINGS, signs.
Site, purchase of, for continuing construction of bridge. See supra, bridge.
Specific. See supra, general.

Steamboat-Inspection Service. See DISTRICT OF COLUMBIA, rent.
Submarine torpedo boats. See supra, annual.

Subsistence of Chinese prisoners. See CHINESE PERSONS, prisoner.
Surplus proceeds of sale of property distrained for taxes.
permanent.

See supra,

Telephone service in office of recorder of deeds. See TELEPHONES,
telephone.

Transfer of control from one Department to another.

The provision in the act of February 3, 1905, for the transfer of
the control of the forest reserves from the Department of the
Interior to the Department of Agriculture operated also to
transfer the control of the appropriation "Protection of forest
reserves, 1905," from the former to the latter Department.
444.

Transportation home of remains of deceased enlisted men.

transportation.

See NAVY,

Traveling expenses, civilian employees, Navy Department.
The appropriation "Pay, miscellaneous," for the Navy is exclu-
sively applicable to the reimbursement of civilian employees
in the Navy Department for traveling expenses. 339.
Water and ice at first and second class post-offices. See POST-OFFICE
DEPARTMENT, water.

ARMY.

Acting paymasters, designation of officers as.

There is no provision of law authorizing the appointment or des-
ignation of officers of the Army as "acting paymasters," but,
under section 3614, Revised Statutes, they may be designated
as special disbursing officers. 430.

Appointments, holding two at same time.

A retired officer of the Army holds an office to which compensa-
tion is attached, within the meaning of section 2 of the act of
July 31, 1894, which provides that no person holding an
office the compensation attached to which amounts to $2,500
per annum shall be appointed to or hold any other office to

ARMY-Continued.

Appointments, holding two at same time-Continued.

which compensation is attached; and, therefore, a captain in
the Army who, under the act of April 23, 1904, was placed on
the retired list with the rank and retired pay of a major, and
his pay thereby increased to more than $2,500 per annum, is
prohibited from holding at the same time the office of clerk
of class 2 in the Treasury Department, which has compensa-
tion attached thereto of $1,400 per annum. 422.

Where, under the provisions of the act of April 23, 1904, a retired
officer of the Army is placed on the retired list with the rank
and retired pay of one grade above that held by him at the
time of his retirement, such increased pay attaches to said
office from the date of the confirmation of the President's
action by the Senate, and neither requires an acceptance by
the officer nor permits of a declination by him; and, therefore,
where the effect of such action is to increase his compensation
to $2,500, or over, he is prohibited by section 2 of the act of
July 31, 1894, from holding at the same time any other office,
except as therein provided, to which compensation is attached.
448.

Appropriation for contingent expenses. See infra, deserter.

Baggage, land-grant deduction for freight on, of officer.

There is no provision of law authorizing a deduction on account of
land grant from the freight charges on baggage of an officer on
change of station in excess of his authorized baggage allowance.
174.

Battalion commissary, reimbursement of, for private funds advanced to
pay commutation of rations. See COMMUTATION OF RATIONS, private.
Berths, tourist car, occupation by troops of greater number of, than called
for in transportation request. See RAILROADS, berths.

Certificates of merit. See infra, pay, computing, and extra.

Conviction by civil courts. See infra, pay, officer.

Deserter, expenses of civilian officer in apprehending.

The appropriation for contingent expenses of the Army is appli-
cable, in the discretion of the Secretary of War, to the pay-
ment of the expenses of a civilian officer in apprehending and
delivering to the military authorities a deserter, who was also
charged with forgery and embezzlement.

124.

Discharge, determining rate for purchase of.
Under section 4 of the act of June 16, 1890, and General Orders,
No. 48, of 1904, only completed enlistments of three years
each can be counted in determining the ordinal number of a
soldier's enlistment, but previous service may be counted in
determining the rate at which a soldier may purchase his dis-
charge under a given ordinal enlistment. 643.

ARMY-Continued.

Discharge, when acceptance of, waives right to travel allowances.
Where an officer of the Army serving in the Philippine Islands
accepted discharge under the provisions of General Orders,
No. 54, of 1899, he thereby waived his right to travel allow-
ances for the sea portion of the journey in returning to his
home in the United States. 54.

Discharge. See infra, pay, extra.

Employment, retired officer, for special services in connection with dis-
bursement of funds to Omaha Indians. See OFFICERS, employment.
Extra-duty pay. See infra, pay, extra.

Extra pay. See infra, pay, extra.

"Foreign stations." See infra, pay, ten per centum.

Furlough. See infra, pay, extra.

Gunners. See infra, pay, computing.

Horse, reimbursement for loss of.

Under the act of March 3, 1885, an officer of the Army is entitled
to reimbursement for the loss of a horse killed by military
authority because infected with glanders contracted while in
use in the military service, without fault or negligence on the
part of the owner, and the amount of such reimbursement is
to be determined by the reasonable value of the horse at the
time it contracted the disease. 364.

Judgment, payment of, for extra pay.

A judgment of the Court of Claims in favor of an officer of the
Army for extra pay under the act of January 12, 1899, is not
payable from the appropriation for extra pay made in said act,
but should be certified to Congress by the Secretary of the
Treasury for an appropriation. 169.

Leave of absence. See infra, pay, retired.

Medical attendance, retired officer, detailed to educational institution. See
MEDICAL ATTENDANCE, retired.

Mileage, appropriation applicable to payment of.

Under the provision in the act of April 23, 1904, that all allow-
ances for mileage should be paid solely from the appropria-
tion therein made, mileage due an officer of the Army for
travel on duty connected with the Board of Ordnance and
Fortification should be paid from the appropriation made in
said act, and not from the appropriation for the Board of
Ordnance and Fortification. 178..

Mileage on change of station while absent on leave.

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

ARMY-Continued.

Mileage on change of station while absent on leave-Continued.
the distance between that place and his old station, as pro-
vided in paragraph 1483, Army Regulations of 1901. The
decision in 7 Comp. Dec., 78, is overruled. 537.

Military Academy. See infra, pay, mounted.

Militia. See MILITIA.

Mounted pay. See infra, pay, mounted.

Pay, computing, for fractional part of a month.

The provision in section 4 of the act of April 28, 1904, for com-
puting payments of annual or monthly compensation, is appli-
cable to payments of annual or monthly compensation in the
Army. 24.

Pay, computing twenty per centum increase, of enlisted men.
The additional pay received by enlisted men of the Army for cer-
tificates of merit should be included in computing the 20 per
cent increase of pay provided for by the acts of April 26, 1898,
May 26, 1900, and March 2, 1901. 696.

Pay, computing twenty per centum increase of, to gunners.
The $2 per month which the act of February 2, 1901, provides that
first-class gunners shall receive, and the $1 per month which
it provides that second-class gunners shall receive, is a part of
their "pay proper," and the 20 per cent increase of "pay
proper" allowed them as enlisted men by the act of June 30,
1902, should be computed on their pay as increased by said
act of February 2, 1901. 760.

Pay, deduction from, of retired enlisted men. See infra, subsistence.
Pay, extra, computing, of volunteers in Spanish war.

The additional pay received by enlisted men of the Army for cer-
tificates of merit should be included in computing the extra
pay provided by the act of January 12, 1899, for volunteers in
the war with Spain. 173.

Pay, extra-duty, to enlisted men.

Where an enlisted man of the Army is by competent authority
detailed by name on extra duty for employment at constant
labor for not less than ten days, and while so detailed he
actually performs extra-duty service of at least ten days' dura-
tion, he is entitled to extra-duty pay for such service regard-
less of whether or not the extra duty was performed on con-
secutive working days. 615.

Pay, extra, for service beyond the limits of the United States.
An officer of the Army while serving on an army transport in the
ports and waters of the Philippine Islands is serving “beyond
the limits of the United States," within the meaning of the
acts of January 12, 1899, and May 26, 1900, and he is there-
fore entitled for such service to the extra pay provided for by
said acts.

688.