The Washington times., 1901-11-02
ENTITLED TO EXTRA PAY.
A Local Residents Claim as Pay
master of Volunteers Upheld.
Decision of Auditor for the War
Department Overruled by the
ComptroIIer-A Hearing Cases
of other Government Employees.


ComptroIIer-A Hearing on Cases
of other Government Employees.
Robert ]. Tracewell, Comptroller of the
Treasury. announced yesterday his de-
cision in regard to the appeal Of Merrill
w Lang. 1905 Fifteenth Street northwest.
for extra pay as paymaster in the
United States Volunteers. Major Lang
claimed one months extra pay, being
S20S.35. and Communication for quarters,
equal to $iS as late major and additional
paymaster United States Volunteers.
The Auditor disallowed the claim. which
he described as one for extra pay, say
ing: Having had substantial furlough
privilege, sale claim is, therefore, disal-
lowed
The appeal was taken on the question
of extra pay, and as there has been no
settlement by the Auditor of the claim
for Communication of quarters the Comp
troller contended that he had no jurisdic-
tion to consider that item.
The records of the War Department
show that Lang was appointed major and
additional paymaster, United States Vol
unteers, August ;, 1898, 10 rank from same
date; that he accepted his commission
August s. 1898; that he was on duty in this
city from August Il to December s, 1898;
December S, 1898. to February p, 1899
when he proceeded to his home, at Wei
lington. Ohio. in compliance with General
Orders %, Adjutant Generals Office, dated
February S, lSy9. in which order he was
also discharged, to take effect March Z,
1889
MIR Tracewel, in concluding his deci-
sion, says:
'.As it appears from the report of the
War Department that Major Lang was
not on waiting orders. and did not receive
waiting orders pay prior to discharge for
a substantial part of the thiTty-day period
usually allowed in the case of officers
who did not serve beyond the limits of the
United States, he is entitled to one !
26. 1899.
Upon a revision Of the above described |
account, ] ind and certify a difference of /
SlSS29 due from the United States to /
claimant, being one months extra pay
S20S51-as major, less $500, the balance |
found due the United States in the settle
ment Of his accounts as paymaster."
This decision of the Comptroller of tie
Treasury will probably result in the ill
ing of numerous complaints with the Audi
tor for the Department against the Sec
rotary Of War, as the result Of the action
of the latter in practically ignoring the
ruling Of the Comptroller in cases affect
ing the question of extra pay for pay
masters clerks on service outside the
United States.
The Comptroller held that paymasters
clerks on foreign service are entitled to
an increase in salary of 10 per cent per
month The decision was made upon a
test case brought by paymaster's clerk.
who claimed extra pay for service in
Porto Rico.
In spite of the fact. however. that the
Comptroller of the Treasury rendered this
decision in accordance with the law, the
SECRETARY Of War prohibited the payment
of The extra salary by the Paymaster's
Department. This extra compensation has
not yet been paid. and it is claimed by
several of those interested that the Sec
retary OF War is not acting in accord
ance with the law upon the subject
In the decision rendered yesterday the
Comptroller held that the claim of Major
Merrill W. Lang for one months extra
stated at the Paymaster Generals Office
yesterday that the Secretary CT War
would make no objection to paying this
Claim II was said that the claim would
be paid, ewing to the fact that Major
Lang had not had compensating fur
Tough. 1t is held by the Secretary of War
that paymasters clerk who has had
compenssting furlough is not entitled TO
extra pay, and the claims which have
been disallowed have been done so on
this ground.
While the decisions yesterday and on
May Z were not upon the same point
still, the similarity between the questions
at issue is considerable, and paymasters'
clerks serving outside the country will no
doubt endeavor to have the first decision |
0f the Comptroller enforced. 1t is under
stood that the paymasters' clerks of this
sort entitled under the law to 10 per cent |
increase of salary per month, can obtain
heir moHey in spite of the directions of |
.he Secrt tary of War to the Paymaster
Department to prevent the pay
nent. by going to the Treasury for what
IS due them. They are not however will ,
ng TO do this, as it is claimed by them
hat to do so would without doubt cost
hem their positions in the Paymaster's
Department Of the Army. I
General Bates. Paymaster General of {
he Army. when asked about the matter,
aid that the Secretary of War had full | {
to go above the decision Of the l
Comptroller, and that, if the paymasters' '
Jerks desired redress. they would be |
obliged TO take the question into the Court !
# Claims. The decision of the Comp }
roller yesterday brought about the dis
ussiOn concerning the action of the Sec
etary of War. The first decision was rem
Tered by L p. Mitchell, Assistant Comp
roller Of the Treasury, May T. 1901,
Who held that a paymasters clerk of the
srmy is officer within the meaning Of
he act Of May 26, 1900, and that he is en-