Evening star., 1898-09-30

ury has rendered an important decision on
the question of reimbursement of the gov
ernors of the various states for moneys ex-
pended in aiding the government to raise
a volunteer army. The decision modifies
decision made recently by Auditor Brown
for the War Department. After quoting the
decision Of Auditor Brown Mr.. Mitchell de-
cides as follows:
Enlisted ih q BODY.
''The effect of the first construction by
the auditor is that the governor of the
state territory can be reimbursed in
sum no greater though actually paid by
him in aiding the United States to raise the
volunteer army, than the pay per day pro-
vided by law to a volunteer soldier of the
United States army. This construction does
not meet with my approval. If, upon the
call of the President for volunteers, the
governor of any state or territory in aid
ing the United States1tO raise volunteer
army called out the militia or any part OF
it of his state or territory in order that it
might be enlisted as such into the volunteer
army, and, in pursuance OF such call py
the governor the members of any company.
troop battery battalion or regiment of the
organized militia of such state or territory
enlisted as such organized militia into the
volunteer army and as such were AFTER
wards accepted into the volunteer army OF
the United States, such governor may De
reimbursed under the act of July ., 1898
Go Stat, 1900, for reasonable costs, charges
and expenses which he may have incurred
by making proper payments 10 tnen Loi
service from the day they entered the serV-
ice as such militia in response TO the eau
of the governor to the day on Whlch they
were afterward accepted into the volunteer
army. and the rate OF pay pro1l1ueu w S;,itia t
laws of the various states for their militia
must be held to be reasonableI svithln the
meaning of said act of July 8, ,ls9o.
For all payments made by the goSernul ,'
dered by them prior, to the time they hao
their names enrolled for service in the VOL
urteer army and joined for duty thereln no
charges or deductions should be maze py
the pay department OIL the ohiteu S'o'
against their pay.
For all payments made by the governor
to such militiamen for service rendered ny
them between the day on Whlch tney hao
their names enrolled for service in the vol
unteer army and joined for duty therein
which is the day their pay and allowances
shall be deemed to commence by the Omted
States, under the act Of July I, 1898 too
Stat, 72D, and the. day they were after
ward accepted into the United States, de-
ductions should be made by the pay depart
ment Of the United States from the pay
that would be due the soldier. except Tor
such payments by the governor. in order to
prevent a double payment to the soldier,
which the law does not contemplate.
Enlisted ns individuals.
III the governor made payments to men
who had their names enrolled for service in
the volunteer army and Joined for duty
therein, and who were afterward accepted
into the volunteer3 armN but who did not
enter the service as part of a militia or
ganization, as above mentioned, the amount
for which the governor should be reim-
bursed in such case should not exceed in
amount the pay allowed to soldiers by the
laws of the United States and in such case
such reimbursement should only be for
payments for service from the time the
soldier was enrolled and Joined for duty
| to the time when he was afterward ac-
cepted into the service of;the United States.
The governor ins po distance is entitled
under said act OF July 8, 1S3S, to be rem-
| bursed for any payments made by HIM to
| volunteers for service BY them after their
acceptance into the aserviee Fof the. United
States.
THE auditors decisioffis modified as
| herein stated. = L. p. MITCHELL,
Acting Controller