Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-11-03
S10,405 &c
WASHINGTON, October 20, Is

WASHINGTON, October ~, 1900.
Sir: return herewith the various papers
submitted to me on the 18th instant for my de-
cision, in relation to the claim of Brevet Lieu
tenant General Scott for pay and allowances
under the resolution of February Is, 1855.
l. In the adjustment of the account, let il
be assumed that so far as the pay and emolu-
ments are concerned, the 5th section Of the act
of May %, 1898, either was never repealed.
Though it may have been modi6ed,) or if re-
pealed, was revived by the resolution Of Feb
ruary is, 1885, and is now ia force.
2. That the resolution is retroactive in Its
operation.
3. The extent and manner Of its operation
are to be determined by the "mode already
provided for in subordinate grades" In other
words, by extending by" analogy the laws de.
termining command in the lower grades.
Brevet Lieutenant General Scott is, therefore:
entitled to the pay and allowances Of his bre-
vet rank, since March 90, 1S49, during such
period in time of peace as he may have been
on duty as Commanding General Of the Army
and all times when on service in the field with
a command of not less than eight regiments
L. Breyet Lieut.. Gen. Scott's pay and al
lowances must be computed for one grade. lie
cannot at the same time draw allowance for
two.
s. If the provision of the fifth section was
never repealed, it remained on the statute
book, subject to amendatory provisions. Il
having been repealed, it was revised by the
resolution of February, 1855, any amendatory
or explanatory provisions would attach to it.
Two statutes apply to the case, that of July
%, 1873, and that of March 3, 1S45.
The phrase " all officers, and that Of "Gen-
eral officers" in the laws last referred to- each
include Lieutenant General by universally,
and they modify the pre-existing law as to his
forage, whether that law be taken as now in
force, by non-repeal or by revival. There
fore, in time Of peace ne is limited to twenty
four dollars per month for forage.
8. The number Of horses for which Gen.
eral officer may draw forage during service in
the field is not fixed by statute, but by regu-
lation.
In relation to Lieutenant General there is
no regulation, but for the present, and for this
case, I establish the number at seven.
T. As to rations, the act of 1898 allows forty
per day, cor money in lieu thereof at the cur
rent price - Current price, means the
price at the time the claim Of allowance arises,
and that during the period in question was
twenty cents per ration by statute. No exist
| ing statute makes any provision for the allow
ance Of double rations In this case no exist
| ing regulation authorizes it, and make none
| The act of 1912, coupled with that Of 1897,
and that Of March, 1892, it is obvious from a
careful examination, does not tend to modify
III
be two hundred and forty dollars per month
for rations.
| 8. Nothing is said as to servants in the act
of 1898. At that time, this must have been
| the subject Of regulation, and the Lieutenant
General would have been entitled to such
number as might be prescribed by the War
Department in virtue Of subsisting acts OF
Congress, Icpinion of Attorney General Writ
June 80, 1881. The power of the President
10 make regulations upon the subject in the
absence of any statutes, and the validity OF
any such regulation SO made by him, are ex.
pressly recognized by the act approved July
8, 1912. When by the act of 1916, officers
were forbidden to employ soldiers as servants,
four walters were allowed to a Major General
The archives Of the War Department are
known to be imperfect in consequence of de.
struction by fire, but even if the records dc
not show what number of servants the Lieu
tenant General was entitled to, it is just Il
presume, in the absence Of such evidence thai
the number could not have been less thar
that afterwards allowed to Majpr General BY
Statue, and / therefore establish that as the
number to be recognised in this case. The
power to establish such regulation isinot only
clearly implied in the act of 1912 above re-
ferrcd to, but also in the act approved April
Gath, 1916.
8. As to fuel and quarters L do not pro-
pose to make any decision at present otnel
than to direct that the accounts Of Brevet Lieu
tenant General Scott, in that respect, be set
tied upon the existing law and regulations
fixing the pay and emoluments Of Major
General. FRANKLIN PIERCE.