Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-08-28
MARINE OFFICERS MILEAGE
Controller of the Treasury Renders De
cision in Regard to It
He Overrules the Action of the Audi
tor in DisallOwing Payment
to an officer.

The controller of the treasury has disap-
proved a proposed decision of the auditor
for the Navy Department in which the lat
ter holds that a marine officer appointed
from civil life is not entitled to mileage
upon joining his station on his first assign
ment.
The question arose in the case of Lieut..
VIM. H. Parker L. S. M c., who rep rted
as directed to the commandant of the navy
yard, Boston, Mass. The paymaster of the
marine corps paid him $36. GA mileage from
Washington to Boston. In the settlement
Of Colonel Goodloe's account the account
was suspended under paragraph 1884, Army
Regulations, 1S95. Paragraph 1115, Army
Regulations of 1863 approved by Congress
July 2' 1866, provides that citizens receiv
ing military appointments join their sta
uons without expense to the public
The auditor said: I'm view of section
1912 OF the Revised Statutes and the act of
lS3j, the regulations of the army since 1863
prohibiting mileage to certain persons on
Joining for duty under first appointment, is
the claimant entitled to be paid mileage
from Washington to Boston under the
ders referred to above? l have decided that
he is not entitled to mileage in joining for
duty under those orders; that the act al
lowing the same mileage to marine officers
as is allowed to officers of the navy, when
travelling under orders without troops was
simply the allowance of = cents per mile;
1872 of the Revised Statutes, nor the Army
Regulations of 1863, which have been car
ried into all subsequent regulations of the
army prohibiting reimbursement to persons
appointed from civil life Joining for duty
under first appointments
The Controllers Opinion.
The controller holds as follows:
ut is understood that only a few officers
have been appointed to the Marine Corps
ri u tLot ,an
practice has arisen with reference to the
allowance or disallowance Of mileage un-
der the circumstances above detailed in
the case of Lieut.. Parker and the proposed
disaiioWance by the AUDITOR is therefore
in the nature of original construction
by MIN, which is required by the act of
July 81, 1891, to be certified to the control
Ter for mis- approval, disapproval or modi-
fication.
THE general rule is that an officer is en-
titled to the salary Of his position, includ-
ing It's emoluments and allowances, from
the date when he accepts his appointment
and p aces himself in position to assume
the duties of his Office, unless prevented
by some provision of law to the contrary.
The practice of not allowing travelling eX-
penses to civilian appointees in the army
on going to their first duty stations after
appointment seems to have had early recoe
milton in Army Regulations. and paragraph
1904, Army Regulations of 1857, specifically
provided that such appointees should bear
lHeii o"h eApeHSeS IN reporting dt tn6lT
hrst DUTY stations after appointment. The
same provision was carried into paragraph
lilo, Army Regulations of 1858.
Section 81 of the act of July %, 1866,
cited by the auditor, provided that:
The Secretary of War be, and he is
hereby, directed to have prepared and to
report to Congress at it's next session a
code of regulations for the government of
the army and of the militia In actual serv-
ice, which shall embrace all necessary or
ders and forms of general character for
the performance of all duties incumbent
on officers and men in the military service,
including rules for the government of
courts-martial The existing regulations to
remain in force until Congress shall have
acted on said report
mo new regulations were reported or
ected upon as contemplated and the act of
1866 has been construed as giving to the
Army Regulations of 1863 the force and ef-
feet of law. Whether this, legislative rec
ognition gave the Regulations of 1863 any
greater force than those now existing may
be question; but the provision that civil
ians receiving military appointments should
JOIN their first stations without expense to
the government has been continued in sub
sequent editions of the Arny Regulations,
ana Is now regarded as part of the gen.
efai law relating to such appointments
Same Mileage as Navy Officers.
The act of June TO- 1896, quoted from by
the auditor. gave to the officers of the
Marine Corps the same mileage for travel
under orcers without troops a. was then