The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-02-15
MILITARY ExpEa
And What Attorney Genera. ANwoas
Decides.

Attorney General simons todaS
rendered The following opinion asked
OF him by the territorial auditor:
Hon. l.. w. Baker, Territorial Aud
itor. Dear Sir beg leave to ac-
knowledge receip on your letter Of
February 8. 1904. making the follow
ling inquiries:
Section 20, Chapter 49, session
laws Of 1901, at page 1874 makes the
ladjutant general quarter master gem
eral chief Of ordinance, pay master
general and commissary general Sec
uoa 34 chapter 10, session laws,
1gol makes an appropriation for the
.actuol and necessary expenses Of the
several aH officers o,her than those
of The adjutant general of $3.50 annu-
ally
Section Z. article !, chapter 2, ses-
sion laws Of 1908. at page SO makes
the adiutant general also ex-officic
quarter master general, chief of ord
nance pay master general and com
lmissary general and appropriates for
salary and contingent expenses Sec
ion s. chapter 35. session laws 1895,
at page l06 'denominates the various
staff officers
Query us the adiu,ant general
when filing the offices of quarter
master general chief Of ordlaEos,
commissary general, am pay lno Ter
general entitled to actual aai Sses.
sary expenses for each Of tn byicre
named Offices to the amoupt
annadly
IN fesponse viii say at have eA.
Iamus the laws cited by sou in your
fry careful ami have arri1.
ed al ne followir q &onelusion
lt IS ~. airiqr iaat under section
"a, chapter y, sssston laws 1901, the
adiutant general while ac ing as
quarter master general. chief of ord.
nance. pay master general and com
missary general, would be entitled to
the benefit of the appropriation pro.
yided by section 34 of not 10 exceed
$3.50 in one year for each Of said Of
fcers. but that any expenditure claim
ed by the adjutant general, under the
provisions Of said appropriation con-
tanned in section "a. for the officers
other than those of adjutant general
must have been for actual and neces'
80. ....,,r,r,co4 ov,o,Jad b,r hin, v.+bita
specifically ac ing in the line Of duty
OF the particular office for whose use
the appropriation was made. In 9th
er words. that if the adjutant general
should present a claim for payment
out of the appropriation for quarter
mas er general, that the claim must
: disclose the fact that the expenses ia
CURED were for actual and necessary
expenses expended in the administra-
ton and lin of duty of the office of
!. quarter master general
Coming down to the act of 1903, will
say that / have carefully considered
section z of chapter 2 session laws
!. 1903. at page So and while the section
is somewhat ambiguous, l have arriv-
ed at the following conclusion: That
under the provisions of this action,
4 the functions of the offices of adjutant
general quarter master general, chief
Of ordnance. paymaster general and
commissary general have been consol'-
% dated in and required to be performed
lby a person filling the office of adju-
tant general The section provides
- that the salary of all such offices
shall be $1,000 also provides for
contingent expenses Of his Office, etc,
the sum of $500 per annum. 1t be-
,r comes a question to determine what
u is the meaning of the expression his
office" Does tnis include the other
ofices than the adiu'ant generals
10 which he is required ex-onficio to fll
4, or does lt relate to the adtutant gen.
erals office alone have arrived at
the conclusion that the reasonable
a construction 10 be placed upon this
n section is, that the phrase his Office
relates back and refers TO the adju
tant general and that he shall be al
,r lowed for contingent expenses Of the
a adju ant generals office, the sum Of
In $500 per annum. Under this construc
tion am of the opinion that the ad
iutant general when acting in the
,s specific line of duty OF any OF the
I. other offices named. may claim foi
m actual and necessary expenses incur
"a. red In the administration of the sew
eral offices named. and benefit of th'
appropriation i'm section 49, chapter
ia no. session laws 1901
AZ have the honor to remain,
of Very respectfully,