NAVY-Continued.

Porto Rico. See infra, transportation.
Rear-admiral. See supra, pay.
Refundment, bounty, by apprentice on discharge. See supra, bounty.
Reimbursement, enlisted men, for private property lost on steamship Ley.

den. See PROPERTY, PRIVATE, reimbursement.
Repeated travel. See supra, actual and mileage.
Requisitions, approval of, by fleet commander.
The duty imposed upon the commander in chief of a fleet by

article 1381, Navy regulations of 1900, of approving requisi-
tions and disbursements must be performed by him person-

ally, and can not be delegated to his chief of staff. 640.
Sea pay. See supra, pay, sea.
Shore daty pay. See supra, pay, shore daty.
Submarine torpedo boats, purchase of. See APPROPRIATIONS, annual.
“Temporary leave." See supra, pay, sea.
Transportation home of enlisted men on discharge.
An enlisted man of the Navy whose home is in Porto Rico is a

resident of the United States within the meaning of the pro-
vision in the act of March 3, 1903, for the transportation to
their homes of enlisted men of the Navy on discharge from

the service. 336.
Transportation home of remains of deceased enlisted men.
The appropriation made in the act of April 27, 1904, for trans-

porting to their homes the remains of deceased officers and
enlisted men of the Navy is applicable, in the discretion of
the Secretary of the Navy, to the reimbursement of the father
of a deceased enlisted man for expenses incurred by him in
disinterring and transporting to his home the remains of his
son who died while on duty within the continental limits of
the United States subsequent to April 21, 1898, notwithstand-
ing such expenses were incurred prior to the passage of said
act of April 27, 1904, but such reimbursement must not exceed
what it would have cost the Government to have rendered

the service in question. 71.
Transportation, remains of deceased officer, over land grant railroad. See

RAILROADS, transportation.
Traveling expenses. See supra, mileage.
Vessel, payment for repairs to, out of appropriation for ensuing fiscal year.

See APPROPRIATIONS, annual.
Vessel, installation on, of appliances, by proposed vendor for trial pur-

poses. See VOLUNTARY SERVICES, appliances.
Warrant officer retired. See supra, pay, retired.

See

NAVY DEPARTMENT.

Advance of funds to civilian employees to pay traveling expenses.

TRAVELING EXPENSES, advance.
Appropriation applicable to traveling expenses of civilian employees. See

APPROPRIATIONS, traveling.
Civilian employees, traveling expenses of. See APPROPRIATIONS, traveling.
Contracts for clothing, forage, fuel, etc.
Section 3679, Revised Statutes, as amended by section 4 of the act

approved March 3, 1905, neither amends nor repeals section
3732, Revised Statutes; therefore the power conferred by said
latter section upon the Navy Department to make contracts
for or purchases of clothing, subsistence, forage, fuel, or trans-
portation not in excess of the necessities of the current year is

not affected by said amendment. 564.
Pay, additional, to foreman machinist, for working overtime. See Com-

PENSATION, additional.
Pay, per diem employees, Washington Navy-Yard, for Labor Day, etc. See

HOLIDAYS, pay.

Traveler, where officer is not in status of. See MARINE CORPs, traveler.
NEGLIGENCE. See DAMAGES, negligence, and MARSHAL, prisoner.
NEW MEXICO, TERRITORY OF.

Removal from office of associate justice of Territorial supreme court. See

OFFICERS, office.
OATH.

Fee, United States commissioner, for swearing witness to expense account.

See COMMISSIONERS, fee.

OFFICE. See OFFICERS.

OFFICERS AND EMPLOYEES.

Additional compensation. See infra, employments; ARMY, appointments;

COMPENSATION, additional and pay, and DISTRICT ATTORNEYS, compen-

OFFICERS AND EMPLOYEES—Continued.

Employees, employment of, where not specifically provided for. See CEx-

SUS OFFICE, expert, and Public HEALTH AND MARINE-HOSPITAL

SERVICE, purveying.
Employment by United States of employee of Philippine government.
An employee of the Philippine government is not an employee

of the United States within the meaning of the prohibition in
section 1765, Revised Statutes, against the payment of addi-
tional or extra compensation, and therefore the payment by
the United States of compensation to an employee of the
Philippine government for services rendered the United

States is not prohibited by said section. 702.
Employment, expert mechanics. See CENSUS OFFICE, expert.
Employment, railway mail clerk, as substitute during his rest period.

See COMPENSATION, additional.
Employments, holding two at one time.
Neither the position of clerk to the Senate Committee on Foreign

Affairs nor that of secretary to the Senate Office Building
Commission being an office, within the meaning of section
1765, Revised Statutes, and they being separate and distinct
employments, the compensation of neither of which is fixed
by law or regulation, service rendered in either position
while holding the other would not be “extra services"
within the meaning of sections 1764 and 1765, Revise!

Statutes. 5.
The employment by the Secretary of the Interior of a retired

officer of the Army whose compensation is in excess of $2,500
per annum for special services in connection with the dis.
bursement of funds to the Omaha Indians is authorized, pro-
vided the compensation of the position to which it is proposer!
to appoint him is fixed by regulation of the Department prior

to the date of his appointment thereto. 721.
The act of July 31, 1894, which provided that no person who

holds an office the salary or annual compensation attached to
which amounts to the sum of $2,500 shall be appointed to or
hold any other office to which compensation is attached, has
reference to an office having a fixed compensation of at least
said amount, and does not apply to an office the compensa-
tion of which is fixed by fees for particular services, even
where the amount of such fees earned exceeds $2,500 per
annum; and therefore a captain in the Army receiving com-
pensation of less than $2,500 per annum is not prohibited
from holding at the same time the office of clerk of a l'nited
States circuit court; but if his compensation as captain on the
retired list amounts to more than $2,500 per annum he would
be prohibited from holding both of said offices at the same
time. 236.

OFFICERS AND EMPLOYEES-Continued.

"Extra services." See supra, employments.
Meals taken while on duty after 6 p. m. See PUBLIC HEALTH AND

MARINE-HOSPITAL SERVICE, meals.
Medical attendance. See MEDICAL ATTENDANCE, employee.
Negligence of employees. See DAMAGES, negligence.
Office, removal from, of associate justice of Territorial supreme court.
Where an associate justice of the supreme court of the Territory

of New Mexico was removed by the President, and was noti-
fied of that fact prior to the subsequent revocation of the
order of removal, he thereby ceased to be an officer, and was
not entitled to the salary of said office after the receipt by
him of said notice, nor did the subsequent revocation of the

order of removal operate to reinstate him. 349.
The provision in section 1864, Revised Statutes, that associate

justices of Territorial supreme courts “sball hold their offices
for four years, and until their successors are appointed and
qualified,” is a limitation upon their term of office and not a

restriction upon the President's power of removal. 349.
Office, holding two at one time. See supra, employments, and ARMY,

appointments.
Office, removal from “to take effect immediately."
Where a marshal was removed from office, and the removal was

"to take effect immediately,” he is not entitled to compensa-

OFFICERS AND EMPLOYEES—Continued.

Subsistence, expenses of employees for, while performing extra services

after office hours at regular place of employment. See SUBSISTENCE,

employee.
Subsistence, per diem in lieu of. See Census OFFICE, per diem, PUBLIC

HEALTH AND Marine HOSPITAL SERVICE, per diem, and TRAVELING

EXPENSES, per diem.
Suspension, traveling expenses while under. See TRAVELING EXPENSES,

employee.
Suspension without pay pending investigation of charges.
A special agent of the General Land Office, who was suspended

by the Secretary of the Interior without pay pending the
investigation of charges against him, is not entitled upon
being subsequently restored to duty to compensation for the

time he was suspended. 661.
Suspension without pay pending investigation of charges. See LEAVE

OF ABSENCE, suspension, and REVENUE-CUTTER SERVICE, leave.
Transportation of remains of deceased employees. See ISTHMIAN Canal

COMMISSION, transportation.
Traveling expenses, civilian employees, Navy Department. See APPRO-

PRIATIONS, traveling.
Traveling expenses in going to place of new appointment. See TRAVEL-

ING EXPENSES, appointment.
Traveling expenses incurred at official domicile. See TRAVELING Ex-

PENSES, commission.
Traveling expenses, where detailed to temporary duty while on leave of

absence. See TRAVELING EXPENSES, leave.
Withholding payment. See COMPENSATION, withholding.
Witness fees, Government employees, in extradition proceedings. See

WITNESSES, witness.

ORDERS.

Employees, by, assigning salary. See AssIGNMENT, salary.
PATENTS,
Patented improvements, compensation for use of.
Where the United States used patented improvements, with the

consent of the owners and with the mutual understanding
that compensation was to be paid for such use, it is liable
therefor on a quantum meruit, although the contract was not in

writing, as provided by section 3744, Revised Statutes. 604.
Royalties, payment of, for use of patented articles.
The War Department is not authorized to enter into a contract

for the payment by the United States of a royalty for the
prior use and manufacture of patented devices, such prior use
being in the nature of a tort for which the United States is
not liable. 489.