The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-21
IN DEBT TO THE TREASURY
An PX-PaVmaster's Clerk Given
Too MUCh Salary.
Decision of l.. y. Mitchell in the Case
of ". ID. ACKNOWLEDGEMENTS Of
the Laws Must BE RiEidIy Follow
cd-The Position Of the Claimant.

of ". ID. iIcNHnder-PrOVisi of
the Laws Must BE RiEidIy Follow
cd-The Position Of the Claimant
L. p. Mitchell. Assistant Comptroller OF
the Treasury, gave out decision today
in which he holds that a paymastrr's
clerk in the navy is entitled 20 pay as
such only when occupying "a position for
which provision is made by law for such
clerk. and his pay. ceases. when his sue
! cessor is appointed and enters upon his
duty.
The ruling grows out OF the case Of W.
l. Alexander. who Appealed February ?
1901 from the action OF the Auditor Tor
che Navy Department adjusting his claim
for pay as paymaster's clerk i'm the navy
after August :, 1909 including "a claim for
pay during three months while ON a sick
leave Of absence granted 10y the Navy
( Department Immediately preceding the re-
vocation Of his appointment
The claimant while or duty at the Unit
: "a States naval station. Cavite. T. J.. as
the clerk OF PaymaStter Harry r. Sulli-
van. United States Navy. was by order If
the commander-iu-ghief of the Asi8tic
station of June T. 1870. and i'm accordance
with the recommendation of "a board OF
mediCa! survey. detached from duty on
June -, 1890 directed TO proceed to Mare
Island. Cal, and report 60 the United
States naval hospital there Cor treatment
Tie reported as directed and entered the
hospital July Il, 1901 Ey an order Of the
Secretary of the Navy of August /. 1900
he was further directed as follows:
When discharged from further treat
mcnt at the United States Naval Hospital
Mare Island, Cal, you viii proceed to
your home. and upon the recommendation
T. .|H n g
Surgeon General OF the Navy. you are
I hereby granted sick leave of absence for
three months. at the expiration of which
period you VIII regard your appointment
as paymasters clerk i'm the United States
Navy. upon the nomination of Harry Il.
Sullivan, L. :. Navy, dated November 10.
1899. revoked
Discussing the case the Assistant Comp
tTulier says
Alexander was discharged from further
treatment NJ the hospital, August z. 1870.
and. as appears by his own endorsement.
D." arrived At his home IN Cincinnati.
Ohio. August l3. 1850 He was paid by
tE- paymIster at Cavite. L. H. 10 AMI in
Guiding June IS. 1870 at $l.g'" per annum.
and by the paymastcr mt Mare Island.
Cal. from June Us 10 August {. 1900. in
elusive, when he was discharged from the
hospital
.'Thc Auditor allowed SISu. being pay
from August 10 II, 1900, inclusive. while
travelling from Mare Island to his home.
at the rate OF $3.50 per aHuuu, less
cents for hospital fund. buJ cls.llloN"d
his claim for three months pay while on
sick leave Of absence for the reason that
claimant was finally detached from duty
at the naval station. t1Nlts, T. l-- In June.
1900. for which duty only he was appoint
cd. and the paymasters clerk az tn'l
station was Immediately filled 10y new
aguoiutmelt After claimants arrival
home he was not attached 20 any station
or vessel for duty, nor assigned 90 the
assistance Of any pay officer The pay or
a paymaster's clerk is Incident 90 the per
Torrance Of duty and there rs no law 1N-
thpriziug leave Of absence with pay to
"a clerk after his detachment from duty
and arrival al his home
The warrant issued iu payment OF the
amount allowed by the Auditor does NOT
appear by the records OF the United
States Treasury TO have been paid. aud
the claimant states that he has not re-
Ceived the same. He claims "u appeal
three months pay after his arrival
home during the leave Of absence grant
ed by the department
The law only makes provision for pay
masters clerks under certain conditions.
and their employment under any ether
circumstances is unauthorized They are
entitled 10 Jay as such only Tor time dur
ing which they are employed D" oi ".-
Cupy positions which the Jaw established
for them
w 3. Atwcu was appointed the sue
CcSsCT of LT. AlcNaud,r and entered
upon the discharge Of his duties A. slen
june t. 1850. the day after Mr Al"Aa--
der was detached. Section 1855 of the Re
vised Statutes allows but one clerk To
payTuaster al a station. and two CLERKS
cannot occupy the same position al the
same time. The appointment 1f Ir- At
well 90 Oh. position OF clerk Co IIEn1sigT
Sullivan. and his entry upon duty IE SUCH
operated I'm law To- Sun-r-.dr and dis
charge Mr.. Alexander who thereby. ana
iu virtue OF such appointment and entry
upon duty. ceased 10 De- Pa} mas Ter $
clerk and e. bee entitled To- pay H- such
when his successor was appointed and
entered upon duty the claimant ceased o.
Dee a usyrlast'rs clerk. and WA not
thereafter entitled 10 uc paid cess such
ANY action Of the department Iu treating
him as still in the service after being S'l-
UDrSeded by his successor Waz of no fi-
feet IN continuing his pay. so long as he
did not perform the duties OF some posi-
tiOu where a paymIster.S clerk was au-
thDrized Boy law. and which position was
without an Incumbent
The action Of the Auditor allowing pay
from August TO J.. 1902. Is reversed. and
th, sam b. disaIOwed, and his action
disalloWing claim for three months pay
while ON sick leave Of absence Is af-
firWad- The amount paid claimant 10y the
pagmaster az Mare Island Cal, as pay
from June 10 20 August T. 1850 inclusive.
will De- charged against the claimant on
this revision
Upon a vision Of the Auditors set
Element herein. ] find and certify that
there f. due from the claimant To- the
United States on account of Dv "r5IaEm.ut
of paw the sum Of SI>l.t3.