Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-08-13
MAJOR HARRIsoN's CLAIM
CONTROLLER OF THE TREASURY
DECIDES AGAINST HIM.
Not Entitled to Pay of Colonel When
Acting as Provost Marshal
of Havana.

R. J. Tracewell, controller of the treasury.
has decided that MajorsRussell B. Harrison.
son of ex-President Harrison, is not entitled
to the pay Of colonel while serving as pro-
vost marshal of Havana Major Harrison,
through an attorney. claimed s677.40 the
difference between the pay drawn as major
and the pay of colonel under section Z OF
the act of April 26, 1885,
Major Harrison contends that he is enti-
tied to the pay of colonel because he COM
manded a guard of twelve companies while
provost marshal of Havana, from August
g. 1885, to April Z, 1885, eight months and
three days.
Mai. HarrisOn's Contention.
His contentious that he exercised COM
mand are of general interest. He makes
the following statement:
In book issued by the Secretary Of War
by direction of the President under his con-
stitutional authority as commander-in-chief
Of the army and navy, entitled Troops in
Campaign, on page 9. paragraph IA, is
found the following language creating the
office of provost marshal general and set
ting forth his authority and defining his
duties:
"A provost marshal general will be at
tached to the headquarters of the COM
manding general He will have under his
command the force necessary to preserve
proper police throughout the lines of the
army. to protect the inhabitants of the
country from pllage and violence, to keep
watch on all nOn-military persons and camp
followers. to follow the column on the
march and bring up stragglers and to arrest
skulkers and fugitives from the battlefield.
He will take charge of all prisoners OF war
and deserters from the enemy, and. under
the direction of the commanding general,
will superintend the secret service. He will
receive his orders through the chief of
staff and make such written reports as
may be required
ION page 80 of Wagners Organization
and Tactics a provost marshal is placed
under the head of military staff of gen.
eral and it is stated that the provost mar
shall is chief of the secret service and COM
mander of the provost guard This last
referred-to work is issued by the War De-
partment for the guidance of the officers of
the army and the same is therefore off,
cfally recognized as an authority in such
matters
"As bearing upon the question to
whether provost marshal is command
ing officer, attention may be called to the
fact that the provost marshal of the 7th
Army Corps, while such corps was at Sa-
vannah, Ga, convened a court of inquiry,
dnder article No rs of the Articles of
War; to determine whether the shooting of
a soldier by member of the provost guard
was accidental or otherwise. The proceed
fngs of such court were forwarded to corps
headquarters. and in turn forwarded by the
judge advocate general of that corps, who
returned the same with the following in
dorsement: .,
Respectfully returned to the adjutant
general 18th Army Corps. When these pro-
ceedings were referred to me, l was of the
opinion that provost marshal had no
thority to convene court of inquiry. 1t
appears. however, that the provost mar
shall in this case has a separate command
of about twelve companies of infantry, and
is assisted by a staff, consisting of an adj
jutant, a quartermaster, commissary of
subsistence and ordnance officer. and
medical officer, and he must therefore be
considered as a commanding officer within
the meaning of the 115th Article of War
There is nothing in the record to show
that the soldier whose conduct is inquired
of made request for a court of inquiry.
The request should be in writing and an
nexed to the order, or the order should re-
cite that request was made 1t will also
be noted that the commanding officer has
not acted upon the proceedings. aud the
opinion of the court. They can have no
legal effect unless approved by the review
ing authority"