Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-24

the request of the governor thereof in
the encampment, maneuyers, and field
instruction of any part of the regular
army at or near any military post or
camp or lake or seacoast defenses of
of the United States. In such case,
the organized militia so participating
shall receive the same pay, subsis-
tence and transportation as is provided
by law for the officers and men of the
regular army. to be paid out of the ap-
preparation for the pay, subsistence,
and transportation of the army" = y
Under the third Endorsement, dated
August 4, transmitted with the papers
in this case, the judge advocate gener-
| al says:
CAS- to the fourth inquiry it will be
observed that both sections IA and Is
authorize the organized militia under
| certain circumstances to receive the
same pay, subsistence and transporta-
ton as officers and enlisted men of
corresponding grades of the regular ar
| my are or may hereafter be entitled by
law (sec. f4), or to receive the same
pay. subsistence and transportation as
| is provided by law for officers and en-
| listed men of the regular army (Sec.
15.)
81 think there can be no doubt that
| in respect to subsistence and transport
| tation the commanders OF organized
| militia are entitled to be moved from
| their several places of rendezvous to
| the place where they are to engage in
actual field or camp service for instruc
| tion,' and that they would also be en-
| titled to travel rations for the journey
and that they would be similarly en-
| titled to subsistence and transporta-
| ton under section Is. Section Ia pro-
vides for participation in the 'encamp-
ment, manuevers and field instruction,
of any part of the regular army, etc.
fail to see why, if they are entitled to
subsistence and transportation during
the Journeys to and from the place
where the instruction is to take place,
they are not equally entitled to pay.
| The participation begins when the
movement begins and ends when they
reach the place of rendezvous on their
return.
THE participation which is contem-
/ plated in the statute begins as to one
incident when it begins as to all other
incidents; that is, it begins as to pay
! when it begins as to subsistence and
transportation. An organization of the
regular army stationed at post some
what distant from the place of maneuv-
er would be entitled to transportation
and travel rations while going to and
returning from such place of maneuv-
er and would be entitled to pay during
the same period: and it would seem to
have been the intent of congress that
the organized militia should be placed
on the same footing as the regular ar.
my in, respect to all the incidents OF
pay, subsistence and transportation
above mentioned. l am. therefore OF
opinion that the period during which
detachments of the organized militia
are entitled to pay under sections IA
Il and Is of the act of January 81, 1903
will include the time consumed in the
participation, in which should be in
cluded the time spent in the journey
to and from the place of maneuver."
| concur in the above opinion of the
Judge advocate general and decide
, that 'such portion of said organized
militia as shall engage in actual field
or camp service for instruction" al
provided in section IA. and the organ
lied militia of any state or territory,
as shall participate Sin any encamp
ment, maneuvers and field instruction
of any part of the regular army, at OF
near any post or camp or lake or sea
coast defenses of the United States,
as provided in section Is. are entitled
under each of said sections to pay
subsistence and transportation allow
ances for the entire period from thu
time when such organized militia shall
start from their home rendezvous
The papers submitted are herewith
returned.
! Respectfully,
l.. P. Mitchell,
: Assistant Comptroller
BY order of the acting secretary o
\ war:
S. B. M. Young,
Lieutenant general. chief of star
!, Official
! w. P. Hall,
Acting adjutant general