The evening times., 1899-07-22
NAVAL mems MILEAGE
Mr.. Mitchell Decides That the Army
Rate Shall Prevail.
The Assistant Comptroller Makes an
Important Ruling-His COnstruc-
ton of the Word allowances"
The PERSONNEL Act as Applied to
the Travelling Expenses of Officers.

Assistant Comptroller of the Treasury l..
P. Mitchell today rendered his decision on
the mileage question which was requested
by the Paymaster General OF the NAVY in
the case of John C. Sullivan, paymaster.
who is under orders to proceed from his
home in this city to Seattle, Wash, and
report August 1, 1899, for duty on board
the y, s. 8. Adams
The questions submitted by the Paymas-
ter General of the Navy are:
What rate of mileage (army or nayy)
should Mr.. Sullivan be paid for this trav-
ell?
IF at the army rate. viii the provisions
of the Army Appropriation bill, approved
March g. 1899. relative to army mileage.
apply to this case?
If paid at the army rate, what quantity
of baggage will be furnished free trans
portation, and if paid at the navy rate,
what quantity of baggage will be furnished
free transportation?
Mr.. Mitchell takes up the questions in
the order presented. land. after quoting the
act of March 8, 1893, the Naval Personnel
Act, and the various statutes. decides that
the word allowances" embraces mi cage
He then quotes from the standard diction-
aries defining mileage, which is held to be
an allowance. He calls attention to the
fact that the Comptrollef's office had pre-
yiousiy held that mileage was an allow
ance and that officers of the Marine Corps
should be paid mileage in the same man
ner as mileage was paid to officers in the
army, and that that construction was con-
tinued until the passage of the act of June
10, 1896, which provided that officers OF
the Marine Corps travelling under orders
without troops shall be allowed the same
mileage as is now allowed officers of the
navy travelling without troops"
The Assistant Comptroller then adds:
Attention is called to the fact that the
Naval Appropriation act of March 3. 1899,
makes appropriation under one heading for
pay and allowance of officers and under
another heading for mileage to officers
while travelling under orders in the United
States, and for actual travelling expenses
of officers while travelling abroad under
orders 1t is contended that this indicates
an intention by Congress to continue the
old rate of mileage to officers of the navy
travelling under orders In the United States
and the payment of actual expenses while
travelling abroad. Separate provision is
made in the same act for the pay and al
iowance' of officers of the Marine Corps
and for mileage to officers of the Marine
Corps travelling under orders without
troops
Il can see no inconsistency IN providins
for allowances in general and making sep
arate provision for some particular allow
ance. AS the officers of the navy. not Of
the line or Of the Medical and Pay Corps
will continue to receive the old rates o.
navy mileage, ii becomes necessary to re
tain those appropriations in the form:
above stated; but l am of opinion that tbs
conclusion cannot be drawn therefron
that the officers of the navy. who, aftel
June 80. 1899, become entitled to the sam.
pay and allowances of officers of CORE
spending rank in the army, are still to re-
ceire the same rate Of mileage to which
they were entitled before the act of Marci
8, 1899, became a law.
The provision of section IL of said act
that after June 80, 1899, commissioned of
| ficers of the line of the navy and OF thu
Medical and Pay Corps shall receive tn,
same pay and allowances, except forage, a.
are or may be provided by or in pursuanc,
of law for the officers of corresponding
rank in the army was intended as to suci
officers to cover the whole subject Of pa.
and allowances. and to place such cfficer
| as to pay and allowances, except as pro
II
equality with officers of commanding ranl
| in the army.
''The pay of an officer in the army O
| navy is the direct and fixed amount givel
/ to him by law in consideration of and a
1 compensation for his personal services
| Mileage Is no part of the pay of such Off
GERS. The allowance of mileage to an off
l Ger in the army or navy is to reimburs
| him for expenses which he is presume'
| to have paid or incurred. and if he ha
paid or incurred expense by travelling I'm
der orders and the law provides that b
shall be reimbursed therefor at SO mucl
per mile, the amount allowed by law t
| reimburse him is an allowance
| 4 am of opinion, and so decide, that th
word allowance as used in said section
was intended and should be understood il
| a general sense to include mileage
Such construction is not only within tn
object and purpose OF the act to place nav,
officers mentioned in the above provision
of said section upon an equality as to pa.
and allowance, except as therein provided
with officers Of corresponding rank in tn
/ army but such a construction Is sustaine
| by decisions of this office above cited II
the cases of officers Of the Marine Corps.
sI am of opinion and so decide that M
j Sullivan is entitled to be paid mileage onl
| at army rates, and that the provisions o
the army appropriation act Of March
1899, except as to appropriation itself
should apply in his case.
II am Of opinion and 50 decide that tn
law which applies to transportation OF bag
gage Of any array officer, changing station
will apply under similar conditions to
Commissioned officer Of corresponding RAM
/ In the line. OF the navy and OF the Medica
and Pay Corps, the amount. however, to b
1 f3vods NV navy repIffattnnS juataad Of h
army regulations, and that the sam
should be paid from the appropriation pa
and allowances of the navy.
''The letter of the .Paymaster General
herewith returned.
.L. p. MITCHELL,