The National tribune., 1904-06-30

llIS cuHCtuieUI Clearly
cluded within its provisions the officers
and enlisted men of the Regular Army,
without regard to whether they were en-
listed especially for service in the war
or not. it was still held. until December.
1884, that neither officers of such. although
they served in the war in volunteer or
under commission from State
authorities. nor enlisted men. were en-
titled, ii retained in service after the ter
minatiOn Of the war. Nor were the heirs
of those thus retained in service and who
died without having been discharged. re-
garded as entitled. In December, 1884.
the United States Supreme Court decided
the war was over" or until they were
ordered or mustered out of that service"
had Served ont the term of their engage
ment." or were "honorably discharged" :"
within the meaning of those terms as used
in the act of July 10. 1913.
1t is now held that all enlisted men and
officers, whether in the military or naval
service, who were honorably discharged
after serving for any period in that war,
are entitled. even if discharged before the
close Of the war Nfay 80. 1S4S). and not
for disability incurred in the service.
EN- ROUTE TO MEXICO.
Soldiers who were on the high seas. en-
route to Mexico, at the date of the close
of the war, May. 80, 1913, are regarded
as entitled, even though they did not rea ch
Mexican waters until after that date.
NOT ENTITLED.
Recruits who did not leave the United
States, or did not join their respective
companies, or volunteers who, though
mustered into service, were not marched
or sent to the seat of war or to positions
where service was required of them, are
not entitled; nor are non-enIisted men,
pnh <nn h.
though their services may have entitled
them to bouuty-land.
DIsLoYALTY.
The fact that an officer or enlisted man
serving in the Mexican War was disloyal
to the General Government during the late
rebellion is no bar to the payment Of an
otherwise valid claim for this extra pay.
the act of February 10, 1879. being in
effect a reenactment of the act of 1S4S,
and failing to impose any restriction as to
loyalty.
MEXICAN WAR HEIRS.
In case of a persons death after dis.
charge, without having received this ex-
ira pay, the same Is payable to his widow,
children, parents, and brothers and sisters
in the order named; then to the nearest
heir-at-law.
OFFICERS MUSTERED OUT AT CLOSE OF RE-
BELLION.
The army appropriation act of March
3, 1866, provides as follows:
'Sec. 4. That all officers of volunteers
now in commission, below the rank of
Brigadier-General, who shall continue in
the military service to the close of the
war, shall be entitled to receive. upon be-
ing mustered out of said service, three
months pay proper"
Under this enactment, only. those off,
GERS mustered out after April 8, 1865, be-
cause of their services being no longer re-
quired by reason Of the close Of the war,
were entitled.
OFFICERS RESIGNED OR DISCHARGED AT
OWN REQUEST.
The act of July 13, 1866, provides as
follows:
THAT section of an act entitled An
act making appropriations for the sup
port OF the army for the year ending June
30, 1866 be SO construed as to entitle to
the three months pay proper, provided
for therein. all officers of volunteers be-
low the rank of Brigadier-G General who
were in the service on the Sd day Of
March, 1865. and whose designations were
tered out at their own request or other
wise honorably discharged from the serv-
ice after the 9th day Of April, 1863.
Muster out of the United States SER
vice is a condition precedent to allowance
of this extra pay. Hence, Judge-Advo-
Gates Of the army; who were in commits
sion before March 3, 1865, as volunteer Of
fcers. but who (by the act of February
%, 1860 were transferred to the regular
branch of the army without discharge or
reappointment, are not entitled.
urnrrAr sTopr.KrEpERs
The medical store-keepers appointed
have been officers of the Regular Army,
and hence not entitled to the three months
pay proper.
MISSOURI STATE MILITIA.
The officers of the Missouri State Mill
enactment having been extended to them.
PRISONERS OF WAR.
There is now no authority for paying
certain returned prisOners-of war the three
months extra pay authorized by order OF
the Secretary Of War, dated May 80,
1865.
RATE OF EXTRA PAY.
Payment Of the extra pay provided by
each of the several foregoing enactments
is made at the rate of pay to which the
date Of the termination of his service.
HEIRS.
Until 1876 it was held that the extra
pay provided by the acts of March 3, 1865,
and July 13, 1866, was not payable to the
heirs of an officer who was entitled thereto
but died without receiving the same.
The act of July 3, 1884, provides as fol
lows:
"That section of an act entitled An
act making appropriations for the support
Of the army for the year ending June 80
1885, approved March 3, 1865, to be sc
construed as to entitle to the three months
pay proper provided for therein the heirs
or legal representatives of all officers of
volunteers specified therein who were
killed or who died in the service between
the Sd day Of March and the 10th day of
April, 1865"
OFFICERS ADDITIONAL PAY.
The act of March 2, 1867, provides as
follows:
."That for two years from the 1st day
of July, 1866, all officers of the army be-
low the rank of Major General, including
the professors at West Point, shall be paid
addition of 33 1-3 per centum to their pres
ent pay proper"
1t has always been held that volunteer
as well as regular officers are entitled to
the benefits of this law. In January, 1882,
it was decided, after an exhaustive review
of the former conflicting decisions, that the