Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-20
AN IMPORTANT DECISION.
Army Officers Cannot Draw Pay in Civil
Capacities.
The First Controller Gives an Opinion
Boundary Commission.

r. B. Bowler. first controller Of The treas
ury, today rendered an opinion disallowing
the accounts of Lieut.. Col j. w. Barlow.
disbursing officer Of the international
boundary commission between the United
States and Mexico covering the period that
has elapsed since September !, 1892, and the
present time. In round figures about $40 Co.,
The members of the boundary commission
are:
j. w. Barlow, lieutenant colonel CORDS of
engineers, United States army; David DUB.
Galilard, lieutenant, corps Of engineers,
United states army, and A. T. Mosman Of
the coast an geodetic survey
IN the designation by the Secretary of
state, November 1881, each member of the
commission was allowed the sum of SO per
Jay 10 defray expenses while actually oc-
cupied In the discharge of the work of the
s'0no'ia which was ito relocate in con-
Junction with a similar commission appoint
ed py the government Of Mexico. the monu-
two countries" -
Under special orders issued by the War
Department Lieut.. Col. Barlow and Iieut
Gailiard were detailed for this work Mr..
Alosman was similarly ordered by the Pres
ident about November l. 1891. To carry
TENDER 80. 1880. an additional 5000 to the
100000 appropriated by the act of March
8. 1Sb. The latter appropriation had lapsed
Mr.: Bowler enters into a learned and
exhaustive discussion as to whether army
omcers can receive two salaries at the same
time from the government.
IN my opinion" says the controller,
tho members Of the boundary commission
DO rot hold two distinct and compatible
omces at the same time. No such office as
member Of the boundary commission was
created by Congress. All the members
were detailed by order Of the President to
perform the service which the treaty re-
quired. AS officers of the army, Lieut.. Col
Barlow and Lieut.. Gaillard were simply
ooeyins military orders under the direction
OF the President the commander in chief
OF the army. while Mr.. Mosnaan was obey
ing an order of the President, the chief
executive Of the nation. An army officer
renders such service as Is required of him
and when acting under orders is simply
fulfilling the duties of his Office A civil
ian. when ordered away from his post
where he has specific duties. to do other
work. which precludes him from fulfilling
the specific duties OF the ONCE which he
holds. is temporarily performing, under the
direction Of superior officer. other work
than that for which he was originally en-
ployed
Mr.. Bowler deiuces from these premises
that II therefore Lieut.. Col Barlow and
Lieut.. Gaillard are holding the office Of
memoers OF the boundary commission they
have accepted a civil office and have there
Dy vacated their positions as officers Of
the army. They are maintained on the list
OF the army. receive the pay of officers of
mene OF War as officers OF the army and
We're detailed by the President as officers
OF the army to perform duty upon the
boundary commission"
Controller Bowler concludes: 1.-The amount
OF the per diem charged in Lieut.. Col. Bar
lows account as disbursing officer Of the
commission must therefore be disallowed.
but upon the settlement Of his account he
may be credited for mileage and the other
allowances. IL any. authorized by law to be
allowed to officers Of the army as above,
Mosman the actual travelling and subsis-
tence expenses. Some of Lieut. Col Bar
lows accounts have already been settled
by the former controller. Under the we'll
established practice that one officer cannot
review the action Of his predecessor unless
some new material fact has been shown, the
accounts thus settled cannot be reviewed by
the present controller, and will be allowed
to stand"