The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-10-01
rAY on To1UrrErn soLDrtna
States Must BE Reimbursed for the Amount
Actually Paid TO the Men.

States Must Re R~simburssd for the Amounts
Actually Paid to the Men.
= WARRINGTON. sspt,3o.-Acting Comptroller
Mitchell OF the Treasury Department has over
ruled the decision OF the Auditor for tho War
Department that the rate OF nay for soldiers
during the interim between theirscallI into SER
vice by the Governors Of the States and their
muster into the. volunteer army should no at
the same rate they would receive from the
United States for a like period. Mr.. Mitchell
decides that the rate Of pay provided BY the
laws OF the various States for their militia must
be held to be reasonable" within the meaning
OF the actsprovidinG'f for REORGANIZATION Of the
volunteer army. and thesStates will therefore
be reimbursed for the amounts actually paid
the soldiers. In his opinion Mr.. Mitchell
quotes the laws authorizing the organization
OF the volunteer army. the repayment TO the
States OF moneys advanced by them in paying,
eouipping. feeding and transporting troops
prior to their muster into thesservioe Of the
United States. together with the opinion Of
Auditor Brown, and addsI
This construction does not meet with my
approval. II. upon the .call Of the President
for volunteers, the Governor Of any State or
Territory. in aiding the United States to raise
q volunteer army. called out the militia, or
any part Of IL, OF his State or Territory. in order
that 4 might be enlisted asssuch into the vol
unteer army. and. in pursuance OF such call by
the Governor the members.of any company.
troop, battery; battalion :or regiment Of the
enlisted as such organized militia into the vol
unteer army. and as such were aiterwaTd, 40;
under the act OF July g, 1858. for reasonable
have incurred by making proper payments to
them for service from the day they entered
cali q the G ss sqno m to The day Ts on Which they
were afterward accepted into the volunteer
o Ct 81: S TRaIt sSs E Stste "f pa pay t RrSyiS %iIIt r. the nea lsg rs
held TO be reasonable within the meaning of
FOR all payments made by the. Governor to
such milttiamen. as pay for service rendered
by them Pill e. the time t they ,So had their
army and Joined for duty therein no charges
or deductions should, be made by the Pay De-
partment Of the United States against their
For 10 all payments made By the Governor
names Os epEolied II So @Ay se SN seii II, t the Y "dS nts
army, and Joined for duty therein. which is the
to commences by the United States. under the
act OF July 2 and the day they were SiterXSTd
Should be made by the Pay Department Of the
the soldier;: except for such payments By the
Governor, In order to prevent adouble pay
ment to the soldier. which the law does not
III the Governor made payments to men
who had their names enrolled for service in
the volunteer army and Joined for duty there
in, and who we're afterward accepted into the
volunteer:army. but who did not enter the ser
vice as part Of q militia organization as above
mentioned. the amount for which the Gov
ernor sshould be: reimbursed in such case
should not exceed In amount the pay allowed
to q soldier by the laws Of the United States,
anE N A. suS n case suSn ee1mpnrs en PTS onld
time the soldier was SO enrolled and Joined
for duty to the time when he was afterward
Tho Governor in no instance is entitled.
under. said act OF July 8. 1893, to be reim-
bursed for any payments made by him to vol
unteers for service by them after their ancep-
tanee into the. service Of the United Statos."